{ "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "ruleCount": 4226, "rules": [ { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185153", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.1", "label": "Purpose, Scope, and Conflict with Other Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185154", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter establishes a system for practice and procedure before the Railroad Commission of Texas to enable the just disposition of proceedings and public participation in contested case proceedings pursuant to the Administrative Procedure Act, Texas Government Code, Chapter 2001.(b) This chapter governs the institution, conduct, and determination of Commission proceedings required or permitted by law, whether instituted by order of the Commission or by filing an application, complaint, petition, or other pleading. This chapter does not and shall not be construed to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the Commission or the substantive rights of any person or agency.(c) It is the policy of the Commission to encourage the fair and prompt resolution of internal and external disputes under the Commission's jurisdiction through alternative dispute resolution (ADR). ADR includes any procedure or combination of procedures described by Texas Civil Practice and Remedies Code Chapter 154, such as mediation, arbitration, and mini-trial.(d) This chapter sets forth the general rules of practice and procedure for proceedings before the Commission. If a general provision of these rules conflicts with a statutory or other special provision governing the same proceeding, and the conflict is irreconcilable, then the special provision controls.", "sourceNote": "Source Note: The provisions of this §1.1 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185154", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185155", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Agency--A board, commission, department, or other entity created under Texas law that has statewide jurisdiction and makes rules or determines contested cases, other than an agency wholly funded by federal appropriations, the legislature, the courts, and institutions of higher education.(2) APA--The Administrative Procedure Act, Texas Government Code, Chapter 2001, as it may be amended.(3) Applicant--A person who by written application, including appeals, seeks a remedy from the Commission.(4) Authorized representative--The individual designated in writing as representing any person or party before the Commission pursuant to these rules, including an attorney authorized to practice law in the State of Texas.(5) Business day--A calendar day that is not a Saturday, Sunday, or official state or federal holiday.(6) Commission--The Railroad Commission of Texas acting through a majority of the Commissioners or through a Commission employee to whom the Commissioners have delegated authority.(7) Commissioner--One of the elected or appointed members of the Railroad Commission of Texas.(8) Complainant--A person who files a complaint with the Commission as specified in §1.23 of this title (relating to Complaint Proceedings), regarding an act or omission of the Commission or a person subject to the Commission's jurisdiction.(9) Contested case--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Commission pursuant to the APA after an opportunity for adjudicative hearing, as specified in Subchapter G of this chapter (relating to Hearings).(10) Director--The individual appointed by the Commission who is in charge of a division or section within the Commission. Subject to Commission directive or other Commission rules, a director may delegate the director's authority to another Commission employee.(11) Division--An operating or administrative unit of the Commission.(12) Docket--To assign a docket number to and create a file for a contested case.(13) Docket number--A reference number assigned by the appropriate division or the Hearings Division to a contested case and used to identify that case.(14) Docket Services Section--The section within the Hearings Division, under the supervision of the Hearings Director, that administers docketed cases pursuant to this chapter.(15) Examiner or hearings examiner--An individual appointed by the Commission to conduct hearings, including an administrative law judge, a technical examiner, and other designated employees of the Commission.(16) Final order--The Commission's final written disposition of a contested case, whether affirmative, negative, injunctive, or declaratory.(17) Hearings Division--The division responsible for scheduling, conducting, and preparing recommendations on hearings concerning matters within the Commission's jurisdiction.(18) Intervenor--A person, other than an applicant, complainant, petitioner, protestant, or respondent, who is admitted as a party to a contested case pursuant to §1.37 of this title (relating to Intervention).(19) License--The whole or a part of a permit, certificate, approval, registration, or similar form of permission issued or granted by the Commission.(20) Office of General Counsel--The division responsible for providing legal advice to the Commission, comprising the Enforcement Section and the General Counsel Section.(21) Party--A person named or admitted as an applicant, complainant, petitioner, intervenor, protestant, or respondent in a contested case before the Commission.(22) Person--An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity.(23) Petitioner--A person who by written petition, including appeals, seeks a remedy from the Commission.(24) Pleading--A written document submitted in a contested case by a person or authorized representative setting forth allegations of fact, legal arguments, claims, requests for relief, or other matters. Pleadings may take the form of applications, petitions, complaints, protests, exceptions, replies, motions, responses or answers, or other requests for action.(25) Proceeding--A formal hearing, investigation, inquiry, rulemaking, or other fact-finding or decision-making process.(26) Protestant--A person opposing an application or petition submitted to the Commission.(27) Protested contested case--A contested case in which a party appears and contests or opposes the relief sought, including relief sought in applications, petitions, show-cause proceedings, or complaints.(28) Register--The Texas Register established by Acts of 1975, 64th Legislature, codified in Texas Government Code, Chapter 2002.(29) Respondent--A person against whom any complaint has been filed, who is under formal investigation by the Commission, or who is the subject of a show-cause proceeding.(30) Rule--A Commission statement of general applicability that implements, interprets, or prescribes law or policy, or that describes the Commission's procedure or practice requirements. The term includes a newly adopted rule and the amendment or repeal of an existing a rule but does not include statements concerning only the internal management or organization of the Commission and not affecting private rights or procedures.(31) Rulemaking--The process to adopt a new rule or to amend or repeal an existing rule pursuant to Texas law.(32) Show-cause proceeding--A formal opportunity for a respondent to present evidence challenging allegations made against the respondent or to oppose a proposed action concerning the respondent.(33) Telephony--Includes conventional telephonic communication, Voice over Internet Protocol (VoIP) communication, and all forms of digital audio and audio/video tele-conferencing.", "sourceNote": "Source Note: The provisions of this §1.2 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185155", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.3", "label": "Exceptions and Suspension of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185156", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission, the Hearings Director, or the examiner may grant exceptions to the provisions of this chapter upon a showing of good cause and if necessary in the interest of justice.(b) The Commission may suspend the operation of one or more of its general or special rules of practice and procedure if it finds that there exists a public emergency or imperative public necessity.(c) The Commission may waive any fee established by one or more of its general or special rules of practice and procedure for good cause shown, except those fees required by statute.", "sourceNote": "Source Note: The provisions of this §1.3 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185156", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.4", "label": "Violation of Procedural Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185157", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to any other penalties authorized by law or by Commission rule, the violation of any general or special rule of practice and procedure shall be sufficient cause for the Commissioners, after notice and hearing, to enter an order holding the offender in contempt or subjecting the offender to just, reasonable, and lawful disciplinary action.", "sourceNote": "Source Note: The provisions of this §1.4 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185157", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.5", "label": "Conduct and Decorum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185158", "queryAsDate": "03/11/2026" }, "ruleBody": "Parties, authorized representatives, witnesses, and other participants in Commission proceedings shall conduct themselves with proper dignity, courtesy, civility, and respect for the Commission, the director, the examiner, and all other participants. Disorderly conduct will not be tolerated. A violator of this rule may be excluded from the proceeding by the examiner for such period as is just and may be subject to such other just, reasonable, and lawful disciplinary action as the Commission may prescribe.", "sourceNote": "Source Note: The provisions of this §1.5 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185158", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.6", "label": "Recording and Broadcasting of Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185159", "queryAsDate": "03/11/2026" }, "ruleBody": "Coverage of a hearing through broadcasting, televising, recording, live-streaming, or photographing is permitted upon prior approval of the Hearings Director. The request for approval shall specify the type of coverage to be conducted at the hearing. Requests may be denied or approved with restrictions if the Hearings Director finds coverage will unduly distract participants, interfere with the hearings process, or impair the dignity of the hearing.", "sourceNote": "Source Note: The provisions of this §1.6 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185159", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.7", "label": "Ex Parte Communications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185160", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Ex parte communications are prohibited in contested cases as provided in the APA and other applicable rules including the Texas Disciplinary Rules of Professional Conduct.(b) Each party shall provide all other parties with a copy of all documents submitted to an examiner.(1) The attachment of a certificate of service stating that a document was served on a party creates a rebuttable presumption that the named party was provided a copy.(2) Failure to provide a copy to all other parties may result in rejection and return of the document without consideration.", "sourceNote": "Source Note: The provisions of this §1.7 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185160", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.8", "label": "Testimony under Oath or Affirmation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185162", "queryAsDate": "03/11/2026" }, "ruleBody": "Testimony in all contested cases shall be presented under oath or affirmation administered by an examiner, Commissioner, or court reporter.", "sourceNote": "Source Note: The provisions of this §1.8 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185162", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.9", "label": "Computation and Extensions of Time in Contested Cases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185161", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In computing any period of time prescribed or permitted by the Hearings Director, the examiner, a rule or an order of the Commission, or any applicable statute:(1) the day of the act, event, or default from which the period of time begins to run shall not be included;(2) the last day of the period being computed shall be included, unless it is a Saturday, Sunday, weekday on which the Commission has officially closed prior to 5 p.m. due to weather or other exigency, or an official state or federal holiday, in which event the period shall continue to run until 5 p.m. on the next business day except as otherwise provided by statute; and(3) Saturdays, Sundays, and official state or federal holidays shall not be counted for any purpose in any time period of five days or less in these rules.(b) Unless otherwise provided by statute or special rule, the time for filing any pleading or other document may be extended upon the granting of a motion for extension of time. The motion shall:(1) be filed with the Docket Services Section prior to the applicable deadline;(2) show that there is good cause for an extension of time and that the need for the extension is not caused by the negligence, indifference, or lack of diligence of the person, party, or authorized representative filing the motion; and(3) be served in accordance with §1.45 of this title (relating to Service in Protested Contested Cases).", "sourceNote": "Source Note: The provisions of this §1.9 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185161", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§1.10", "label": "Commissioner Private Interest in Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185163", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Commissioner with a personal or private interest in a measure, proposal or decision pending before the Commission shall publicly disclose the fact to the Commission in an open meeting. The Commissioner may not vote or otherwise participate in the decision. The disclosure shall be entered in the minutes of the meeting.(b) In this section, \"personal or private interest\" has the same meaning as is given to it under Texas Government Code, §572.058.", "sourceNote": "Source Note: The provisions of this §1.10 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185163", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "INITIATION OF CONTESTED CASE PROCEEDING" }, "rule": { "number": "§1.21", "label": "Filings with Commission Division Directors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185164", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applications, petitions, complaints, and other documents relating to any proceeding to be initiated before the Commission shall be filed with the appropriate division director in accordance with that division's filing requirements and any applicable statute or regulation. Such documents, including notices of protest and answers, shall be presumed filed on the date they are actually received only if accompanied by any required filing fee. The Commission may decline to accept a document for filing if it does not comply with applicable requirements.(b) If an application, petition, complaint, or other document requires further consideration after division processing but prior to final Commission action, the division shall transfer the matter to the Hearings Division.", "sourceNote": "Source Note: The provisions of this §1.21 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185164", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "INITIATION OF CONTESTED CASE PROCEEDING" }, "rule": { "number": "§1.22", "label": "Filings with the Hearings Division" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185169", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Once a party has notice that a division has transferred a contested case to the Hearings Division, the party shall file all subsequent pleadings and other documents related to the case with the Docket Services Section.(b) Pleadings and related documents filed with the Hearings Division shall be deemed filed only when they are actually received by the Docket Services Section and are accompanied by any required filing fee. The time and date of filing shall be determined by the file stamp affixed on the pleading or related document by the Docket Services Section.(c) Except as provided in subsection (e) of this section, pleadings shall be filed as follows:(1) If the pleading contains 10 or fewer pages including exhibits, it may be filed by fax, email, or other approved electronic transmission with the Docket Services Section. If a party or authorized representative elects to file a pleading by email, the party or authorized representative agrees to be served by email and affirmatively consents to the release and disclosure of the email address.(2) Pleadings longer than 10 pages shall be filed in hard copy with the Docket Services Section, unless the examiner or Hearings director informs the parties in writing that they may file all documents pursuant to paragraph (1) of this subsection.(d) Unless the examiner sets the filing deadline at a time earlier than 5 p.m., pleadings and related documents shall be considered timely filed if received and file stamped by the Docket Services Section on or before 5 p.m. of the filing deadline. Pleadings filed after 5 p.m. local time of the Commission shall be deemed filed the following business day. Pleadings filed by fax, email, or other approved electronic transmission shall be considered filed at or before 5 p.m. local time if the complete pleading is received at or before 5 p.m. local time. If the examiner sets the filing deadline at a time earlier than 5 p.m., pleadings and related documents shall be considered filed at the time indicated by the file stamp.(e) Exceptions and replies, and motions for rehearing and replies to motions for rehearing shall be filed pursuant to §1.122 of this title (relating to Filing of Exceptions and Replies) and §1.128 of this title (relating to Motions for Rehearing), respectively.(f) The Hearings Division may decline to accept a transferred case, docket a case, accept a filing, or set a hearing in instances where there has been a failure to substantially conform to the rules in this chapter.", "sourceNote": "Source Note: The provisions of this §1.22 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185169", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "INITIATION OF CONTESTED CASE PROCEEDING" }, "rule": { "number": "§1.23", "label": "Complaint Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185165", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Filing of complaint. Complaints relating to matters within the Commission's jurisdiction shall be in writing and contain a detailed description of the allegations against the respondent. The complainant shall serve the complaint on the respondent and simultaneously file it with the applicable division of the Commission. The division receiving the complaint shall transfer it to the Hearings Division. If the complainant amends the complaint, the complainant shall serve the amended complaint on the respondent and simultaneously file it with the Docket Services Section.(b) Burden of proof. The complainant in a complaint proceeding shall have the burden of proof which is a preponderance of the evidence. In the interest of justice, the examiner may modify the burden of proof pursuant to §1.110 of this title (relating to Burden of Proof).(c) Notice of complaint. When a complaint is filed, the Commission shall forward the complaint to the respondent and attach a letter stating:(1) the respondent has 20 days from the date of the letter to either file an answer or request a hearing to contest the allegations of the original complaint; and(2) that a default order may be entered against the respondent if the respondent fails to answer, request a hearing, or appear at the hearing, if a hearing is requested.(d) Respondent's answer.(1) The respondent shall answer the complaint in writing, by either specifically denying the material allegations of the complaint or alleging an affirmative defense. Alternatively, the respondent may request a hearing which shall serve as a general denial of the allegations in the original complaint.(2) If the complaint is thereafter amended, the time period for the filing and service of the answer shall, unless otherwise ordered, run from the service of such amended complaint. The original answer shall be considered as the answer to the amended complaint unless a new answer is filed in response to the amended complaint.(e) Default order. If the respondent fails to answer, request a hearing, or appear at the hearing, the examiner may find the respondent to be in default and prepare a default final order to be presented to the Commission without further notice.(f) Dismissal for lack of jurisdiction of Commission or standing of complainant.(1) If the Commission finds, either on the face of the complaint or after motion of the respondent, that the Commission lacks jurisdiction or the complainant lacks standing, the Hearings Director or the Commissioners shall dismiss the complaint as to such allegation or complainant.(2) Any dismissal order entered by the Hearings Director is subject to review by an appeal to the Commissioners. The appeal shall follow the same requirements set forth in §1.38(e) of this title (relating to Interim Rulings and Appeals of Interim Rulings).(g) Retail customers served by a gas utility as defined in Texas Utilities Code §§101.003(7), (8), and 121.001 - 121.006, must first attempt an informal resolution pursuant to §7.45 of this title (relating to Quality of Service) before pursuing a claim against a gas utility under this section.", "sourceNote": "Source Note: The provisions of this §1.23 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185165", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "INITIATION OF CONTESTED CASE PROCEEDING" }, "rule": { "number": "§1.24", "label": "Show-Cause Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185166", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In response to a written complaint or on the Commission's own motion, the Commission or the Hearings Director may issue a notice commanding a person subject to the Commission's jurisdiction to appear at a public hearing and show cause why the person should not be compelled to do the act required, or refrain from doing an act, or why the Commission should not take the proposed action.(b) The respondent in a show-cause proceeding shall have the burden of proof which is a preponderance of the evidence.(c) On the respondent's failure to appear at the hearing or meet its burden of proof, the respondent may be compelled to do the act required or to refrain from doing an act, or the Commission may take the proposed action.", "sourceNote": "Source Note: The provisions of this §1.24 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185166", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "INITIATION OF CONTESTED CASE PROCEEDING" }, "rule": { "number": "§1.25", "label": "Contested Cases Brought by the Enforcement Section" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185167", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Commencement of a contested case.(1) Enforcement contested cases are commenced when a division of the Commission refers the matter to the Enforcement Section of the Office of General Counsel and the Enforcement Section assigns a docket number to the case. Before filing a complaint, the Commission may offer to settle the case through an agreed order.(2) If the Commission does not offer to settle, or the terms of the offer are not timely met by the respondent, the Commission will send the original complaint to the respondent by certified and regular first-class mail. In cases against foreign or non-resident respondents, the complaint will also be sent to the resident agent listed on the respondent's most recently filed Organization Report (Form P-5). The complaint will be accompanied by a letter alleging that the respondent has violated Commission rules or statutes as set forth in the original complaint; that the respondent may, within 30 days of the date of service, file an answer or request a hearing to contest the allegations of the original complaint; and that the respondent may wish to hire an attorney or other authorized representative or choose to appear on its own behalf. The letter will notify the respondent that if, on 31st day after the date of service, it has not entered into an agreed order, filed an answer to the original complaint, or requested a hearing, a default final order may thereafter be issued against respondent without further notice. Concurrent with the complaint, the Commission may make an offer to settle the case through an agreed order.(3) When there is actual pollution or injury to the public health and safety, or an imminent threat thereof, a hearing may be set and notice of the hearing sent with the original complaint. The notice will state that if the respondent fails to appear at the hearing, a default final order may be issued against respondent without further notice as specified in subsection (d) of this section.(b) Filing of answer or request for hearing; setting of hearing. A request for hearing made by the respondent shall serve as a general denial of the allegations in the original complaint. An answer or request for hearing is timely if filed with the Docket Services Section before the matter is included on an open meeting agenda of the Commission that has been posted with the Secretary of State. Except in cases brought under subsection (a)(3) of this section, the Enforcement Section will coordinate with the Docket Services Section to set a hearing on a date at least 30 days after receipt of a timely answer or hearing request, unless the case is disposed of by other means.(c) Notice of hearing. Notices of hearing will be sent along with the original complaint to respondents or their authorized representatives in all cases brought under subsection (a)(3) of this section. In all other cases, notices of hearing will be sent, along with a current Enforcement Section pleading, only after the respondent or its authorized representative has timely filed a request for hearing or an answer. The notice will be sent to the address from which the request or answer was received, and will state that if the respondent fails to appear at the hearing, a default final order may be issued against respondent without further notice as specified in subsection (d) of this section.(d) Default order upon failure to answer, request hearing, or appear at hearing.(1) If the respondent fails to timely answer the original complaint, request a hearing, or appear at a scheduled hearing, a default final order may be issued by the Commission without further notice.(2) Default final orders will contain findings of fact and conclusions of law sufficient to support the relief ordered.(3) No default final order shall be issued until the Commission has access to the proof of service of the original complaint or the notice of hearing, or the returned certified mail containing the complaint or the notice, has been on file with the Commission for 15 days, exclusive of the day of receipt and day of issuance. Default final orders need not be individually signed in each case by the Commissioners if the case is listed by docket number and summarized on a Master Default Order.(e) Non-applicability of this section to emergency situations. The existing power of the Commission to remedy and seek reimbursement for remediation of any condition which threatens the public health and safety, or to order an operator to remedy said condition, shall not be affected by this section.(f) When the Enforcement Section alleges a violation of Texas Natural Resources Code, §91.143, relating to false information filed with the Commission, if the records that are subject of the proceeding are incorrect, there is a presumption that the respondent filed the record knowing it to be incorrect. The presumption may be rebutted by competent evidence.", "sourceNote": "Source Note: The provisions of this §1.25 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185167", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "INITIATION OF CONTESTED CASE PROCEEDING" }, "rule": { "number": "§1.26", "label": "Classification and Alignment of Parties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185168", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Parties to contested cases before the Commission are defined in §1.2 of this title (relating to Definitions). If there is an error in a party's designation in its pleadings, the examiner may assign a party an appropriate designation.(b) The examiner may align parties according to the nature of the proceeding.", "sourceNote": "Source Note: The provisions of this §1.26 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185168", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "INITIATION OF CONTESTED CASE PROCEEDING" }, "rule": { "number": "§1.27", "label": "Parties and Authorized Representatives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185170", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any party may appear individually or through an authorized representative.(b) Authorized representatives shall:(1) file a notice of representation with the Docket Services Section that contains the representative's mailing address, telephone number, and, if applicable, fax number and email address;(2) advise their clients and witnesses of applicable requirements of conduct and decorum;(3) comply with §1.7 of this title (relating to Ex Parte Communications).(c) If an authorized representative's authority is challenged, the authorized representative must file documents that evidence authority to appear as the party's representative.(d) An authorized representative seeking to withdraw shall file a motion to withdraw and shall provide in the motion a mailing address, telephone number, and, if applicable, fax number and email address for the party or substitute representative. A party's authorized representative shall remain as such until the motion to withdraw is granted by the examiner.(e) If an authorized representative includes an email address in the notice of representation, the authorized representative agrees to be served by email and affirmatively consents to the release and disclosure of the email address.", "sourceNote": "Source Note: The provisions of this §1.27 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185170", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PLEADINGS, MOTIONS, AND OTHER DOCUMENTS" }, "rule": { "number": "§1.31", "label": "Classification of Pleadings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185171", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pleadings filed in contested case proceedings before the Commission shall be designated as one of the following: application, petition, complaint, notice of protest, answer, motion, exception, or response or reply to one of the preceding pleadings. If there is an error in the designation of a pleading, the examiner or the Hearings Director may determine the appropriate status in the proceeding and treat it accordingly.(b) Requests for discovery and responses thereto shall not be classified as pleadings and shall become a part of the administrative record in a contested case only when offered as evidence, or when part of a request for an order compelling a discovery response, or a reply thereto.(c) Pleadings shall be liberally construed. As applicable, the Commission, Hearings Director, or examiner may construe a document as a pleading if the intent of the filing or document is evident.", "sourceNote": "Source Note: The provisions of this §1.31 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185171", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PLEADINGS, MOTIONS, AND OTHER DOCUMENTS" }, "rule": { "number": "§1.32", "label": "Form and Content of Pleadings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185172", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise permitted or required by Commission rules or by statute, a pleading shall contain a statement of the pleading's objectives, a concise statement of supporting facts, and a specific request for relief.(b) Pleadings that are filed in hard copy shall be printed on white paper that is 8 1/2 inches wide and 11 inches long, with at least one-inch margins, or on the appropriate Commission form. The text shall only be on one side of the paper and shall be double or one and one-half spaced, except that footnotes and lengthy quotations may be single spaced. Exhibits attached to a pleading shall be the same size as pleadings or folded to that size.(c) Each pleading shall be signed by the party or its authorized representative. When a copy of the signed document has been filed, the party or its authorized representative shall maintain the original document for examination by the Commission, the examiner, the Hearings or appropriate division director, or any party to the proceedings, should a question arise as to its authenticity.(d) A pleading shall contain:(1) the filing party's business address, telephone number, and, if applicable, fax number or email address, or if filed by its authorized representative, the authorized representative's business address, telephone number, and, if applicable, the authorized representative's Texas state bar number, email address, and fax number; and(2) a certification pursuant to §1.45 of this title (relating to Service in Protested Contested Cases).(e) If a party or authorized representative includes its email address or fax number in a pleading, the party consents to be served by email or fax and affirmatively consents to the release and disclosure of the email address.", "sourceNote": "Source Note: The provisions of this §1.32 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185172", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PLEADINGS, MOTIONS, AND OTHER DOCUMENTS" }, "rule": { "number": "§1.33", "label": "Correction of Pleadings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185173", "queryAsDate": "03/11/2026" }, "ruleBody": "If the appropriate director or examiner finds that a pleading does not substantially comply in all material respects with the Commission's rules, notice of the deficiency or deficiencies will be provided to the filing party. Unless precluded by operation of law, the party who filed the pleading shall thereafter have the right to file a corrected pleading. The filing of a corrected pleading shall not be permitted to delay any proceeding unless the appropriate director or the examiner determines based on evidence submitted by the filing party that such delay is necessary to prevent an injustice or to protect the public interest.", "sourceNote": "Source Note: The provisions of this §1.33 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185173", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PLEADINGS, MOTIONS, AND OTHER DOCUMENTS" }, "rule": { "number": "§1.34", "label": "Amended or Supplemental Pleadings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185174", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pleadings may be amended or supplemented when permitted by statute or when justice so requires.(b) Unless the Commission, the Hearings Director, or the examiner approves and issues additional notice as required by law, an application, petition, or complaint, upon which original notice of hearing has been issued, may not be amended so as to broaden or enlarge the scope thereof.", "sourceNote": "Source Note: The provisions of this §1.34 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185174", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PLEADINGS, MOTIONS, AND OTHER DOCUMENTS" }, "rule": { "number": "§1.35", "label": "Responsive Pleadings and Emergency Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185175", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any responsive pleading shall be filed by a party within 10 days after filing of the pleading to which the response is made or as ordered by the examiner.(b) A responsive pleading to a complaint filed under this chapter shall be filed by the respondent within 20 days of the date of the Commission's letter notifying the respondent of the complaint.(c) The Commissioners, the Hearings Director, or the examiner may take action on a pleading before the deadline for filing responsive pleadings only in an emergency that presents a risk of imminent pollution, waste, or injury to persons or real or personal property. Action taken under such conditions is subject to modification based on a timely responsive pleading.", "sourceNote": "Source Note: The provisions of this §1.35 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185175", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PLEADINGS, MOTIONS, AND OTHER DOCUMENTS" }, "rule": { "number": "§1.36", "label": "Motions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185176", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motion shall be filed with the Docket Services Section, unless dictated into the record during the pendency of a hearing, and shall state the relief sought and the specific reasons for the motion. If the motion is based upon alleged facts that are not a matter of record, it may, in the examiner's discretion, be supported by an affidavit. Motions shall be served in accordance with §1.45 of this title (relating to Service in Protested Contested Cases). Notice of action on any motion shall be served promptly on all parties.(b) A motion is timely filed if filed with the Docket Services Section before the contested case is included on an open meeting agenda of the Commission that has been posted with the Secretary of State.", "sourceNote": "Source Note: The provisions of this §1.36 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185176", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PLEADINGS, MOTIONS, AND OTHER DOCUMENTS" }, "rule": { "number": "§1.37", "label": "Intervention" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185177", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person who has a justiciable or administratively cognizable interest and who is not an applicant, petitioner, complainant, respondent, or protestant and who desires to be designated as a party in any contested case before the Commission may file a petition for leave to intervene no later than five days prior to the hearing date.(b) The examiner or the Hearings Director shall promptly act on all petitions for leave to intervene. All interventions shall be subject to a motion to strike for having been improperly admitted.", "sourceNote": "Source Note: The provisions of this §1.37 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185177", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PLEADINGS, MOTIONS, AND OTHER DOCUMENTS" }, "rule": { "number": "§1.38", "label": "Interim Rulings and Appeals of Interim Rulings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185178", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Relief through interim ruling. Prior to presentation of a contested case to the Commission at an open meeting, a party may seek, through an examiner, or Hearings Director, as appropriate, relief through interim ruling, but that ruling shall not be considered of the same nature as a final decision. An interim ruling shall not be subject to exceptions or motions for rehearing. For purposes of this section, the term interim ruling includes orders issued pursuant to §1.55 of this title (relating to Discovery Orders) and final actions taken by Commission staff to deny an application or other requested relief for which no other avenue of appeal is provided by Commission rules.(b) Evidentiary rulings. An evidentiary ruling by an examiner is not an interim ruling and is not appealable to the Commission pending the issuance by the examiner of a proposal for decision. Such rulings include, but are not limited to, reopening the record of a hearing for additional evidence, before a proposal for decision is issued.(c) Interim ruling to suspend license.(1) In this section, \"license\" includes the whole or a part of a Commission permit, certificate, approval, registration, or similar form of permission required by law.(2) When an interim ruling suspends a license because an imminent peril to the public health, safety, or welfare requires emergency action, the examiner or Hearings Director shall incorporate a factual and legal basis establishing that imminent peril in the interim ruling.(3) Unless expressly provided otherwise by statute, the Commission shall initiate the proceedings for revocation of the license or other action not later than the 30th day after the interim ruling is signed.(d) Appeal of interim ruling.(1) Except as provided in paragraph (2) of this subsection, any party aggrieved by an interim ruling may appeal that ruling to the Commission and seek a stay if the party files a written appeal within 10 days of the date the interim ruling is signed or stated in the record. Untimely appeals shall not be forwarded by examiners to the Commissioners, pursuant to subsection (e) of this section. If, by the 46th day after the date the interim ruling is signed or stated in the record, the Commission has not signed a written order ruling on the appeal, then the appeal shall be deemed denied and any granted stay is lifted.(2) In all gas utility proceedings brought or conducted under Texas Utilities Code, Chapters 102, 103, 104, and 121, any party aggrieved by an interim ruling may appeal that ruling to the Commission and seek a stay if the party files a written appeal within five days of the date the interim ruling is signed or stated in the record. Untimely appeals shall not be forwarded by examiners to the Commissioners, pursuant to subsection (e) of this section. If, by the 20th day after the date the interim ruling is signed or stated in the record, the Commission has not signed a written order ruling on the appeal, then the appeal shall be deemed denied and any granted stay is lifted.(3) In all proceedings, the appealing party shall serve the appeal in accordance with §1.45 of this title (relating to Service in Protested Contested Cases) on the same day the appeal is filed with the Docket Services Section.(4) Any response to an appeal must be filed with the Docket Services Section and served in accordance with §1.45 of this title within 10 days of the date the appeal of the interim ruling was filed.(5) Pending action on the appeal of the interim ruling, the Hearings Director or the examiner may issue a stay of the interim ruling.(e) Procedure on appeal. The Commissioners may consider and rule on an appeal on or after the day following the day the response to the appeal is due. An order on an appeal from an interim ruling shall not be subject to motions for rehearing pending issuance of the proposal for decision and signing of the final order. Any issue in an appeal that has been deemed denied by operation of law may be raised again in exceptions to the proposal for decision. When a timely appeal is filed under this section, the examiner shall:(1) forward to each Commissioner a copy of the appeal along with a cover memorandum showing the date the appeal was filed, the date replies are due, and the date on which the appeal will be deemed denied if no Commission action is taken;(2) forward to each Commissioner a copy of all replies to appeals of interim rulings which may be filed, and of any stay of the interim ruling granted by the Hearings Director; and(3) upon the request of any one Commissioner, immediately schedule the appeal for consideration by the Commission at an open meeting, and cause proper notice to be given to all parties.", "sourceNote": "Source Note: The provisions of this §1.38 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185178", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "NOTICE AND SERVICE" }, "rule": { "number": "§1.41", "label": "Notice of Application in Contested Cases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185179", "queryAsDate": "03/11/2026" }, "ruleBody": "Notice of application for contested cases shall be given in accordance with applicable law, rule, or order of the Commission.", "sourceNote": "Source Note: The provisions of this §1.41 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185179", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "NOTICE AND SERVICE" }, "rule": { "number": "§1.42", "label": "Notice of Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185180", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In a contested case, each party is entitled to an opportunity:(1) for hearing after reasonable notice of not less than 10 days; and(2) to respond and to present evidence and argument on each issue involved in the case.(b) Each notice of hearing shall include the following:(1) a statement of the time, place, and nature of the hearing;(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;(3) a reference to the particular sections of the statutes and rules involved;(4) either a short, plain statement of the factual matters asserted or an attachment that incorporates by reference the factual matters asserted in the complaint or petition; and(5) any other statements required by law or directed by the Commission.(c) If the Commission or a party is unable to state the factual matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. On timely written application, a more definite and detailed statement of the facts shall be submitted in writing to the Hearings Division, which shall issue an amended notice not less than seven days prior to the date set for the hearing.(d) In a proceeding in which the Commission has the burden of proof, if the Commission intends to rely on a section of a statute or rule not previously referenced in the notice of hearing, the Hearings Division shall amend the notice to refer to the section of the statute or rule not less than seven days before the date set for the hearing. This subsection does not prohibit the Commission from filing an amended notice of hearing after the hearing has commenced. If the Commission files an amended notice of hearing after the hearing has commenced, the examiner shall grant a continuance of at least seven days at the request of any other party.", "sourceNote": "Source Note: The provisions of this §1.42 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185180", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "NOTICE AND SERVICE" }, "rule": { "number": "§1.43", "label": "Notice by Publication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185181", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When an applicant in a proceeding is unable, after due diligence, to identify the address of any person who is required to be notified of an application, complaint, or hearing, the applicant must publish notice of the application, complaint, or hearing.(1) Unless otherwise directed by the appropriate director or examiner, the applicant shall publish the Commission's notice of application or notice of hearing in a newspaper of general circulation in the county or counties where the land or facility that is the subject of the application or hearing is located. The applicant shall publish such notice once per week for four consecutive weeks. The first publication shall be published at least 28 days before the protest deadline in a notice of application or the hearing date in a notice of hearing.(2) The applicant must file proof of publication in the form of a publisher's affidavit or present at a hearing a copy of the newspaper notice along with testimony by a person with personal knowledge of the publication details.(b) In determining whether notice by publication is appropriate, the examiner may consider whether an applicant used due diligence in attempting to identify the address of any person who is required to be notified of an application, complaint, or hearing.", "sourceNote": "Source Note: The provisions of this §1.43 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185181", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "NOTICE AND SERVICE" }, "rule": { "number": "§1.44", "label": "Notice of Protest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185182", "queryAsDate": "03/11/2026" }, "ruleBody": "A notice of protest may be filed when the notice of application, notice of hearing, or a Commission rule sets forth the requirements for filing such notice, or as provided by order of the Commission instituting the proceeding.", "sourceNote": "Source Note: The provisions of this §1.45 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185182", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "NOTICE AND SERVICE" }, "rule": { "number": "§1.45", "label": "Service in Protested Contested Cases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185183", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Service requirements. A copy of any pleading or document filed in a protested contested case shall be served by a party as follows:(1) On the same day a party files a document with the Commission, the party shall serve a copy on every other party and any other person required by the Hearings Division. If a party is represented by an authorized representative, service shall be made on that representative; and(2) All filings shall include a certificate of service that copies have been served on all persons described in paragraph (1) of this subsection. The certificate of service shall include the date and manner of service and the names and addresses of all persons served. If a person is served by fax or email, the certificate of service shall include the person's fax number or email, as applicable.(b) Methods of service.(1) A pleading or document may be served by hand delivering a copy to the person to be served, or by first class, certified, or registered mail, commercial delivery service, fax, email, or by such other manner as the Commission may require.(A) Service by mail or commercial delivery service shall be complete upon deposit of the document postpaid and properly addressed to the person's last known address with the United States Postal Service or a commercial delivery service.(B) Service by fax shall be sent to the person's current fax number and is complete on the date of the fax. Fax transmissions completed after 5 p.m. local time of the recipient shall be deemed served on the following business day.(C) Personal service may be effectuated by hand delivering a copy to the person to be served and is complete on the date of delivery. Personal service completed after 5 p.m. local time of the recipient shall be deemed served on the following business day.(D) Service by email may be used if the person to be served consents to be served by email pursuant to §1.27 or §1.32 of this title (relating to Parties and Authorized Representatives, and Form and Content of Pleadings, respectively). If the person consents to be served by email, the person affirmatively consents to the release and disclosure of the email address. Email service is complete on the date of the email transmission. An email received after 5 p.m. local time of the recipient shall be deemed served on the following business day.(2) Proof of service. The filing party or authorized representative shall certify compliance with this rule in writing over signature and on the filed instrument. A certificate showing service shall be prima facie evidence of the fact of service. In cases of personal service, the certificate shall state when the pleading or motion was served and the manner of service. The recitations in the certificate are prima facie evidence of the facts cited in the certificate.(c) Service by mail or commercial delivery service. Unless otherwise directed by the examiner or Hearings Director, when a party is required to do some act within a prescribed time period following service of a pleading, motion, or discovery document described in §1.51 of this title (relating to Forms and Scope of Discovery in Contested Cases) and the pleading, motion, or discovery document is served by mail or commercial delivery service, three days shall be added to the prescribed response period.(d) Failure to serve. The serving party has the burden of proving the date and time of service. The failure of a party to serve a pleading or filed document on another party or person as required by this section may be sufficient grounds for the Hearings Director or the examiner to strike the pleading or filed document, or to take other appropriate action. A party may offer evidence or testimony that a notice or document was not received, or if service was by mail, that it was not received within three days from the date of mailing, and upon so finding, the examiner or Hearings Director may extend the time for taking the action required of the party or grant other appropriate relief.(e) Service by the Commission.(1) For documents served on a party with an active or delinquent organization report on file pursuant to §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements), the Commission shall serve documents by:(A) first class mail to the address shown on the most recently filed organization report or the most recently filed letter notification of change of address, in which case the document is presumed received if the document is not returned to the Commission;(B) certified mail to the address described in subparagraph (A) of this paragraph, in which case service is effective upon:(i) acceptance of the item by any person at the address;(ii) initial failure to claim or refusal to accept the item by any person at the address prior to its eventual return to the Commission by the United States Postal Service; or(iii) return of the item to the Commission by the United States Postal Service bearing a notation such as \"addressee unknown,\" \"no forwarding address,\" \"forwarding order expired,\" or any similar notation indicating that the organization's mailing address shown on the most recently filed organization report or address change notification letter is incorrect; or(C) personal service or registered or certified mail to the address described in subparagraph (A) of this paragraph for revocation, suspension, annulment, or withdrawal of a license.(2) For documents served on all other parties, unless otherwise required by law, the Commission shall serve documents in accordance with subsection (b) of this section.", "sourceNote": "Source Note: The provisions of this §1.45 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185183", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "DISCOVERY" }, "rule": { "number": "§1.51", "label": "Forms and Scope of Discovery in Protested Contested Cases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185184", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Permissible forms of discovery by parties are:(1) oral depositions of a party or a nonparty;(2) written interrogatories to a party;(3) requests to a party for admission of facts or the genuineness or identity of documents or things;(4) requests to a party for production, examination, and copying of documents or other tangible materials;(5) requests to a party for entry upon and examination of real or personal property, or both; and(6) requests to a party for disclosures pursuant to Texas Rule of Civil Procedure 194.(b) The scope of discovery shall be the same as provided by the Texas Rules of Civil Procedure and shall be subject to the constraints provided therein for privileges, objections, protective orders, and duty to supplement as well as the constraints provided in the APA.", "sourceNote": "Source Note: The provisions of this §1.51 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185184", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "DISCOVERY" }, "rule": { "number": "§1.52", "label": "Discovery Requests and Responses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185185", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requests for discovery and responses shall be served using a method of service authorized by §1.45 of this title (relating to Service in Protested Contested Cases) and should not be filed with the Commission.(b) Except for good cause shown, all requests for discovery shall be served at least 20 days prior to the hearing unless otherwise agreed by the parties.(c) Responses to discovery requests shall be served within 14 days after the date of service of the request. The examiner or the Hearings Director may alter this deadline on the request of any party.", "sourceNote": "Source Note: The provisions of this §1.52 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185185", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "DISCOVERY" }, "rule": { "number": "§1.53", "label": "Request for Deposition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185186", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the parties disagree on the scheduling or scope of a deposition, a deposition request and proposed deposition discovery order shall be filed with the Docket Services Section and the examiner will set the matter for consideration at a prehearing conference.(b) The deposition shall be returned to the Commission as provided in the APA, §2001.100.", "sourceNote": "Source Note: The provisions of this §1.53 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185186", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "DISCOVERY" }, "rule": { "number": "§1.54", "label": "Requests for Admission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185189", "queryAsDate": "03/11/2026" }, "ruleBody": "Except as otherwise provided in §1.53 of this title (relating to Deadlines for Responses to Discovery Requests), requests for admission shall be governed by the applicable provisions of the Texas Rules of Civil Procedure. Each matter for which an admission is requested shall be separately stated. If a written answer or objection to a request for admission is not timely served, the request is deemed admitted without necessity of a Commission order. The requests for admission document must clearly set forth this provision for deemed admissions, in bold print or by underlining, in a conspicuous location to fairly inform the responding party of the consequences of a failure to respond within the prescribed time period. The examiner may permit withdrawal or amendment of responses and deemed admissions upon a showing of good cause.", "sourceNote": "Source Note: The provisions of this §1.54 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185189", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "DISCOVERY" }, "rule": { "number": "§1.55", "label": "Discovery Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185187", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Discovery orders generally. The Hearings director or the examiner may issue protective orders, orders compelling discovery responses, and orders creating a discovery control plan. Requests for discovery orders shall contain a sworn statement that, after due diligence, the desired information cannot be obtained through informal means, and that good cause exists for requiring discovery. The request for a discovery order may be denied:(1) if the request is untimely or unduly burdensome in light of the complexity of the proceeding;(2) if the requesting party has failed to exercise due diligence;(3) if the discovery would result in undue cost to the parties or unnecessary delay in the proceeding; or(4) for other good cause in the interest of justice.(b) Motion to compel. Unless otherwise ordered, a party alleging another party's failure to comply with discovery requests shall file a sworn motion to compel with the Docket Services Section at least 10 days prior to the hearing on the merits.(c) Deposition discovery orders. The Hearings Director or the examiner is authorized to issue a subpoena to take a deposition, which shall require that the witness appear and produce, at the time the deposition is taken, books, records, papers, or other objects that may be necessary and proper for the purposes of the proceeding.(d) In camera inspection. The Hearings Director or the examiner may conduct in camera inspections of materials when requested by a party or when necessary to determine facts required to issue appropriate discovery orders.(e) Review by Commissioners. Any discovery order issued by the examiner or the Hearings Director is subject to review by an appeal to the Commissioners. Any party that chooses to appeal a discovery order shall follow the requirements set forth in §1.38 of this title (relating to Interim Rulings and Appeals of Interim Rulings). A discovery order does not constitute a final order or decision.(f) Compliance. The Commission may enforce compliance with any discovery order or subpoena pursuant to Texas Government Code §§2001.089, 2001.094, and 2001.201, and the Texas Natural Resources Code, §81.053 and §81.064, or as otherwise permitted by law.", "sourceNote": "Source Note: The provisions of this §1.55 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185187", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "DISCOVERY" }, "rule": { "number": "§1.56", "label": "Alignment of Municipal Intervenors for Purposes of Discovery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185188", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to proceedings initiated pursuant to Texas Utilities Code, §103.055 and §104.102.(b) Municipal intervenors, whether participating as a single municipality or a coalition of municipalities, are presumed to share a common interest in a proceeding such that alignment of municipal intervenors as a single party for purposes of discovery is appropriate. The examiner shall order alignment of municipal intervenors at the earliest reasonable opportunity so as to avoid unnecessary duplication of effort and to allow aligned parties an adequate opportunity to coordinate discovery efforts in an efficient manner.(c) To overcome the presumption of alignment, a municipality or municipal coalition must file a motion to realign in whole or in part. In ruling on such a motion, the presiding officer shall consider whether good cause exists to grant the motion to realign in whole or in part including consideration of the following:(1) whether the municipal intervenors are taking opposing positions regarding the utility's request for relief;(2) whether the municipal intervenors have sufficiently different positions on one or more issues to justify realignment on such issues;(3) whether granting the motion will create unnecessary inefficiencies or duplication of effort;(4) whether granting the motion will result in undue costs to the parties;(5) the effect of granting the motion on the parties and the public interest;(6) whether granting the motion will serve the interest of justice; and(7) any other relevant factors as determined by the presiding officer.", "sourceNote": "Source Note: The provisions of this §1.56 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185188", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "DISCOVERY" }, "rule": { "number": "§1.57", "label": "Limitations on Discovery Requests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185190", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to proceedings brought pursuant to Texas Utilities Code, §103.055 and §104.102.(b) Upon request by a party, the presiding officer may limit discovery, by order, in the interest of efficiency and justice.(c) For purposes of calculating the number of requests for information (RFIs), each request or subpart shall be considered a separate RFI. Absent a showing of good cause, a reasonable limitation on RFIs propounded to a party is no more than 600 total RFIs, with no more than 75 RFIs propounded by a single party in one calendar week. Commission staff and presiding officers are not subject to these discovery limitations when Commission staff or the presiding officers issue the RFIs.(d) With regard to discovery propounded by a municipality or municipal coalition, to the extent that the utility first filed its request for relief at the municipal level and a municipal party has requested that the discovery propounded at the municipal level be updated, and the Commission is now considering the utility's request on appeal from the municipal forum, the number of RFIs (inclusive of subparts) that the municipality propounded at the municipal level shall count towards the total number of permissible RFIs a municipality may serve on the utility during the Commission proceeding on appeal, unless the utility updated its test year when filing its appeal.(e) If a party is not required to answer a question due to a sustained objection or withdrawal, that question may not be included in the calculation of the propounding party's RFI limit. However, if the presiding officer determines that a party is intentionally propounding frivolous, irrelevant, or otherwise objectionable requests, the question shall be included in the calculation of that propounding party's RFI limit.(f) As set forth in the Texas Rules of Civil Procedure 196 and 198, there shall be no limitation with regard to requests for production and inspection, or requests for admission.(g) The party propounding discovery shall separately characterize its discovery as an RFI, a Request for Production and Inspection, or a Request for Admission.", "sourceNote": "Source Note: The provisions of this §1.57 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185190", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "EVIDENCE" }, "rule": { "number": "§1.61", "label": "Rules of Evidence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185195", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas rules of evidence and Texas law with regard to evidence in nonjury civil cases shall apply in contested cases unless Commission rules specify otherwise. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may nevertheless be admitted by the examiner (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The rules of privilege recognized by law shall apply in Commission proceedings. Objections to evidentiary offers may be made and shall be noted in the record.", "sourceNote": "Source Note: The provisions of this §1.61 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185195", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "EVIDENCE" }, "rule": { "number": "§1.62", "label": "Official Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185191", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Facts noticeable. Official notice may be taken of judicially cognizable facts, and notice may be taken of generally recognized facts within the area of the Commission's specialized knowledge.(b) Motions for official notice and opportunity to respond. A party's motion for official notice must be made or filed prior to the conclusion of the evidentiary hearing. The motion must specify the facts, material, records, or documents encompassed in the motion. A party who opposes the motion shall have the opportunity to contest the requested action.(c) Notification of materials noticed. The examiner on his or her own motion, or the Commission on its own motion, may propose to take official notice of facts, material, records, or documents authorized by the APA, §2001.090. The parties will be given the opportunity to contest the proposed action and shall be notified of the facts, material, records, or documents officially noticed before, during, or after the hearing by the Commission.", "sourceNote": "Source Note: The provisions of this §1.62 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185191", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "EVIDENCE" }, "rule": { "number": "§1.63", "label": "Documentary Evidence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185192", "queryAsDate": "03/11/2026" }, "ruleBody": "A copy or excerpt of a document may be admitted as evidence if the original is not readily available and if authenticity is established by competent evidence. When numerous or duplicative documents are offered, the examiner may limit those admitted to a number of documents which are typical and representative. The examiner may require the offering party to abstract or summarize relevant data from documents and present the abstracts or summaries in exhibit form. All parties shall have the right to examine the documents abstracted or summarized.", "sourceNote": "Source Note: The provisions of this §1.63 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185192", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "EVIDENCE" }, "rule": { "number": "§1.64", "label": "Written Testimony" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185193", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Admissibility. When a proceeding will be expedited and the interests of the parties will not be substantially prejudiced, direct testimony may be offered in written form. The written testimony of a witness on direct examination, either in narrative or question and answer form, may be offered as an exhibit and incorporated into the record without the written testimony being read. A witness who is offering written testimony shall be sworn and shall identify the written testimony as a true and accurate representation of what the testimony would be if the witness were to testify orally, after which the witness shall submit to voir dire and cross-examination. Written testimony shall be subject to the same evidentiary objections as oral testimony.(b) Prefiling. The Commission, the Hearings Director, or an examiner may require or permit written testimony and exhibits to be filed and served on all parties at a specified date prior to the hearing. Failure to prefile written testimony and exhibits if required under this section shall be sufficient cause for the examiner to rule such evidence, which was to be included in the testimony and exhibits, inadmissible or for other appropriate action to be taken as may be just and reasonable.", "sourceNote": "Source Note: The provisions of this §1.64 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185193", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "EVIDENCE" }, "rule": { "number": "§1.65", "label": "Exhibits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185194", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Form. Exhibits to be offered in evidence at a hearing shall be of a size which will not unduly encumber the record. Whenever practicable, exhibits shall conform to the size requirements established by §1.32 of this title (relating to Form and Content of Pleadings). The pages of each exhibit shall be numbered consecutively.(b) Tender and service. The original or a true and correct copy of each exhibit offered in evidence shall be identified and tendered for inclusion in the record. Copies of the exhibit shall be furnished to the examiners, to the court reporter, and to each party prior to or at the time the exhibit is offered in evidence.(c) Excluded exhibits. If an exhibit is offered, objected to, and excluded, the examiner may determine whether or not the party offering the exhibit wishes to withdraw the offer; if so, the examiner shall permit the return of the exhibit to the party. If the excluded exhibit is not withdrawn, it shall be given an exhibit number for identification, shall be endorsed by the examiner with the ruling, and shall be included in the record for the purpose of preserving an exception.(d) Late exhibits. Unless specifically requested and permitted by the Commissioners, the Hearings Director, or the examiner, no exhibit shall be filed in any proceeding after the hearing has been completed. If the filing of a late-filed exhibit is permitted, copies shall be served on all parties, and each party will have the opportunity to respond and submit additional relevant responsive evidence.", "sourceNote": "Source Note: The provisions of this §1.65 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185194", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "EVIDENCE" }, "rule": { "number": "§1.66", "label": "Written Objections Not Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185196", "queryAsDate": "03/11/2026" }, "ruleBody": "Written objections to rulings made by the examiner during a hearing are not required. It shall be sufficient that the party make a timely objection and state the grounds for the objection on the record.", "sourceNote": "Source Note: The provisions of this §1.66 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185196", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "EVIDENCE" }, "rule": { "number": "§1.67", "label": "Offers of Proof" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185197", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When the examiner excludes evidence, the party offering the evidence shall be permitted to make an offer of proof prior to the close of the hearing.(1) The party may make the offer in question and answer form, or by dictating or submitting in writing the substance of the proposed evidence.(2) The examiner may direct the manner in which the offer is made and may ask questions if necessary to conclude that the evidence would be as represented.(3) The examiner and opposing parties shall be entitled to cross-examine any witness testifying on an offer of proof.(b) The examiner may direct that offers of proof be transcribed separately and that reporter's costs be assessed against the proponent of the evidence, subject to the Commissioners' review of the examiner's ruling.", "sourceNote": "Source Note: The provisions of this §1.67 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185197", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "EVIDENCE" }, "rule": { "number": "§1.68", "label": "Confidential Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185198", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability of the Public Information Act. All records, data, and information filed with the Commission are subject to the Texas Public Information Act, Texas Government Code, Chapter 552. If the Commission receives a third party request for materials that have been marked confidential pursuant to subsection (b) or (c) of this section, the Commission will notify the filing party of the request in accordance with the provisions of the Texas Public Information Act so that the party can take action with the Office of the Attorney General to oppose release of the materials.(b) Filing confidential materials in a hearing before the Hearings Division.(1) A party filing material in a hearing before the Hearings Division that the party contends to be confidential by law shall file the materials with the Docket Services Section by delivering them in a sealed and labeled container, accompanied by an explanatory cover letter. The cover letter shall identify the docket number and the style of the case, explain the nature of the sealed materials, and specify the relief sought. The outside of the container shall identify the docket number, the style of the case, the name of the submitting party, and be marked \"CONFIDENTIAL AND UNDER SEAL\" in bold print at least one inch in size. The front page of each portion of confidential material shall be marked \"confidential.\" Confidential material shall not be filed by fax. A party who elects to file confidential material electronically shall notify the Docket Services Section prior to filing such material.(2) A party may file a motion to seal the record if it has filed confidential materials in accordance with paragraph (1) of this subsection. In the motion, the party shall describe the materials it contends to be confidential by law, indicate the specific provision of law that exempts the material from disclosure, and request that the examiner order the described materials to be sealed. The examiner may, after consideration at hearing, order the described materials to be sealed, subject to any determination by the Office of the Attorney General and as further described in subsection (a) of this section.(3) Confidential materials filed with the Hearings Division will be retained until the contested case is no longer appealable and in accordance with the Commission's retention policy.(c) Filing confidential materials with the Commission other than in a hearing.(1) A party filing material with a division of the Commission other than the Hearings Division that the party contends to be confidential by law shall file the materials with the applicable division by delivering them in a sealed and labeled container accompanied by an explanatory cover letter. The cover letter shall explain the nature of the sealed materials. The outside of the container shall identify the name of the submitting party and be marked \"CONFIDENTIAL AND UNDER SEAL\" in bold print at least one inch in size. The front page of each portion of confidential material shall be marked \"confidential.\" Confidential material shall not be filed by fax. A party who elects to file confidential material electronically shall notify the applicable division prior to filing such material.(2) Confidential materials filed under this subsection will be retained in accordance with the Commission's retention policy.", "sourceNote": "Source Note: The provisions of this §1.68 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185198", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.101", "label": "Examiner's Powers and Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185199", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For any assigned case and subject to any limitations imposed by law or by Commission rule, the examiner shall have broad discretion in regulating the course and conduct of the hearing. The examiner's authority includes, but is not limited to, the following authority:(1) to administer oaths and affirmations;(2) to issue subpoenas to compel the attendance of witnesses and the production of papers and documents;(3) to authorize the taking of depositions and issue discovery orders;(4) to call and examine witnesses;(5) to receive evidence;(6) to rule upon the admissibility of evidence and amendments to pleadings;(7) to limit the number of witnesses whose testimony would be merely cumulative;(8) to set reasonable times within which a party may testify, cross-examine witnesses, or present evidence;(9) to impose sanctions;(10) to maintain order in a hearing;(11) to recess any hearing;(12) to issue a proposal for decision, including proposed findings of fact and conclusions of law and a recommended order;(13) to reopen the record when justice requires;(14) to amend the proposal for decision or recommended order, or both;(15) to issue a supplemental or amended proposal for decision and proposed order;(16) to review the jurisdiction of the Commission and standing of parties as it pertains to a contested case;(17) to issue orders relating to hearing, prehearing and posthearing matters; and(18) to take other permissive action which is necessary for a fair, just, and proper hearing.(b) If at any time the examiner is unable to continue to serve, the Hearings Director may appoint another examiner to perform any remaining functions without the necessity of repeating previous proceedings.(c) At their discretion, the Commissioners may preside over contested cases pursuant to this section.", "sourceNote": "Source Note: The provisions of this §1.101 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185199", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.102", "label": "Sanctioning Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185200", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the interest of justice, and after notice and opportunity for hearing, an order imposing sanctions may be issued by the Commissioners, the Hearings Director, or the examiner for:(1) abuse of the discovery process, including failure to comply with a discovery order or subpoena issued by the Commission for deposition or production of books, records, papers, or other objects;(2) filing a motion or pleading that is determined to be groundless and brought:(A) in bad faith;(B) for the purpose of harassment; or(C) for any other improper purpose, such as to cause unnecessary delay or increase in the cost of the proceeding; or(3) failure to obey an order of the Commissioners, the Hearings Director, or the examiner.(b) The order imposing sanctions may:(1) disallow any further discovery of any kind or of a particular kind by the sanctioned party;(2) require the party, the party's authorized representative, or both to obey the discovery order;(3) require the party, the party's authorized representative, or both to pay reasonable expenses, including attorney fees, incurred by reason of the party's noncompliance;(4) direct that the matters for which the discovery order was made shall be deemed admitted in accordance with the claim of the party obtaining the order;(5) refuse to allow the sanctioned party to support or oppose designated claims or defenses or prohibit the party from introducing designated matters in evidence;(6) strike pleadings or parts thereof or abate further proceedings until the order is obeyed;(7) disallow in whole or in part requests for relief by the offending party and exclude evidence in support of those requests; or(8) dismiss the action or proceeding or any part thereof or render a decision by default against the sanctioned party.(c) Any order imposing sanctions issued by the examiner or the Hearings Director is subject to review by an appeal to the Commissioners. The appeal shall be filed with the Docket Services Section, which will forward the pleading to the Commissioners and the Hearings Director.", "sourceNote": "Source Note: The provisions of this §1.102 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185200", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.103", "label": "Prehearing and Posthearing Conferences" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185205", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Hearings Director or examiner may direct the parties, the parties' authorized representatives, or both, to appear at a prehearing or posthearing conference to consider the following, as may be applicable:(1) motions and other preliminary matters relating to the proceeding, including discovery;(2) settlement of the case or simplification of the issues;(3) amendment of pleadings;(4) admissions or stipulations which will avoid the unnecessary introduction of evidence;(5) limitations on the number of witnesses;(6) time to be allotted to each party for presentation of its direct case or for cross-examination at the hearing;(7) procedures to be followed at the hearing; and(8) other matters that may aid in the disposition of the proceeding.(b) For any ruling not disclosed on the record, the examiner shall notify the parties in writing of the disposition of a matter considered at a prehearing or posthearing conference.", "sourceNote": "Source Note: The provisions of this §1.103 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185205", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.104", "label": "Stipulations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185201", "queryAsDate": "03/11/2026" }, "ruleBody": "The examiners will not consider any stipulation or agreement unless it is in writing and signed by the parties or their authorized representatives, or dictated into the record during the course of the proceeding. This section does not limit a party's ability to waive or modify by stipulation any right or privilege afforded by these rules, unless otherwise precluded by law.", "sourceNote": "Source Note: The provisions of this §1.104 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185201", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.105", "label": "Continuances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185202", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motion for continuance shall:(1) be in writing and served in accordance with §1.45 of this title (relating to Service in Protested Contested Cases;(2) be filed not less than five business days prior to the hearing, except for good cause shown;(3) set forth the specific grounds for which the moving party seeks continuance;(4) make reference to all similar motions filed in the proceeding; and(5) state whether all parties agree with the relief requested.(b) A continuance will not be granted based on the need for discovery if discovery requests have not previously been served upon the person from whom discovery is sought, except when necessary due to surprise or discovery of facts or evidence previously undisclosed despite the diligence of the moving party.(c) The moving party shall confer with all other parties regarding the motion and establish mutually agreeable calendar dates on which the parties are available.(d) A motion for continuance shall be acted upon by the examiner or Hearings Director, subject to Commission review.(e) If the motion is filed less than five business days prior to the hearing, the moving party shall state good cause for the failure to timely file and immediately notify all parties and the assigned court reporter of the disposition of the motion.", "sourceNote": "Source Note: The provisions of this §1.105 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185202", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.106", "label": "Consolidation and Joint Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185203", "queryAsDate": "03/11/2026" }, "ruleBody": "When two or more applications, petitions, or other proceedings involve common questions of law or fact, the appropriate division director, the Hearings Director or the examiner may consolidate the proceedings or direct that there be a joint hearing without formal consolidation and may take other action to avoid unnecessary costs or delay and to ensure due process.", "sourceNote": "Source Note: The provisions of this §1.106 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185203", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.107", "label": "Dismissal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185204", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commissioners or the Hearings Director may dismiss, with or without prejudice, any proceeding under such conditions and for such reasons as are found to be just and reasonable, including the following:(1) failure to prosecute;(2) unnecessary duplication of proceedings or res judicata;(3) withdrawal;(4) moot questions or obsolete petitions;(5) lack of jurisdiction; or(6) if necessary in the interest of justice.", "sourceNote": "Source Note: The provisions of this §1.107 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185204", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.108", "label": "Place and Nature of Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185206", "queryAsDate": "03/11/2026" }, "ruleBody": "All hearings shall be open to the public and, except as otherwise required by law, shall be held in Austin. The Commissioners or the Hearings Director may designate another place of hearing if for good cause and in the public interest.", "sourceNote": "Source Note: The provisions of this §1.108 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185206", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.109", "label": "Hearing Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185207", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Opening the hearing. The examiner shall call the hearing to order and make a concise statement of its scope and purposes. All parties shall then enter their appearances. Thereafter, parties may make motions or opening statements.(b) Order of procedure. Parties shall be permitted to make opening statements, offer direct evidence, cross-examine witnesses, and present supporting arguments. The party having the burden of proof shall be entitled to open and close. When several proceedings are heard on a consolidated record or when the proceeding has been initiated by the Commission, the examiner shall designate who may open and close. The examiner shall determine at what stage intervenors will be permitted to offer evidence. The examiner may direct that closing arguments be made in writing. The examiner may alter the order of procedure if necessary for efficient conduct of the hearing.(c) Voir dire. Voir dire examination to evaluate the qualifications of a witness to testify may be permitted but will not be substituted for cross-examination.(d) Rebuttal. The petitioner, applicant, or complainant may rebut evidence and argument presented by protestants or intervenors. The examiner may allow additional rebuttal from other parties.(e) Additional evidence. The Commissioners, Hearings Director, or examiner may subpoena records or may call upon or subpoena for additional evidence on any issue any party, person, or employee of the Commission who is not assigned to render a decision or to make findings of fact and conclusions of law for additional evidence on any issue. Additional evidence shall not be admitted without an opportunity for examination, objection, and rebuttal by all parties.", "sourceNote": "Source Note: The provisions of this §1.109 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185207", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.110", "label": "Burden of Proof" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185209", "queryAsDate": "03/11/2026" }, "ruleBody": "Generally, the party seeking affirmative relief shall have the burden of proof. An examiner may reassign the burden of proof and shall serve copies of the decision on all parties. In reassigning the burden of proof, the examiner may consider:(1) the classification of the parties;(2) the parties' access to information pertinent to the merits of the case;(3) the party seeking affirmative relief;(4) the party seeking to change the status quo;(5) whether a party would be required to prove a negative; and(6) the nature of the relief that is requested.", "sourceNote": "Source Note: The provisions of this §1.110 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185209", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.111", "label": "Reporters and Transcripts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185208", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Request for transcript. When requested by the Commission, the examiner, or a party, a certified shorthand reporter shall make a verbatim record and transcript of the hearing.(b) Assessment of costs. The cost of the original transcripts shall be assessed to all parties equally unless otherwise directed by the examiner or required by law.(c) Charges. The Commission shall approve rates to be charged by reporters for appearances, original transcripts, and copies. The rates shall not exceed rates authorized by law to be paid to court reporters in Texas district courts.", "sourceNote": "Source Note: The provisions of this §1.111 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185208", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "G", "label": "HEARINGS" }, "rule": { "number": "§1.112", "label": "Proceedings by Telephony" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185210", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The examiner may sua sponte or upon granting the timely written motion of a party order that all or part of a prehearing or posthearing conference or hearing be conducted by telephony.(b) A party may file a motion to appear at a prehearing or posthearing conference or a hearing by telephony as follows:(1) The motion shall be in writing, shall be filed with the Docket Services Section and served in accordance with §1.45 of this title (relating to Service in Protested Contested Cases) not less than 10 days prior to the proceeding at which the party wishes to appear remotely, and shall include the pertinent telephone number(s) and/or other connection instructions.(2) If the motion is to conduct only a portion of the proceeding by telephony, the requesting party shall identify the relevant portion of the proceeding to be conducted by telephony.(3) Any reply to a motion shall be made in writing and shall be filed with the Docket Services Section and served in accordance with §1.45 of this title within five days of service of the motion.(4) Upon agreement of the parties or a finding of good cause, the examiner may modify the times for filing a motion for an appearance by telephony and/or replies to such a motion.(c) Unless a timely objection is filed by another party, the examiner may grant the motion if:(1) the moving party will not present any evidence as part of its direct case other than the oral testimony of that party or a single party representative; and(2) the motion is to appear by telephony for which the Commission has all necessary equipment and technology.(d) If a timely objection is filed, the objecting party has the burden of showing how the requested relief will unduly burden the proceeding or unfairly prejudice the objecting party.(e) If the moving party will present any evidence other than the oral testimony of that party or a single party representative or requests a method of telephony for which the Commission does not have all necessary equipment and technology, and no timely objection is filed, the examiner shall consider the factors in subsection (f) of this section and issue a ruling on the motion. If a timely objection is filed, the moving party shall have the burden of showing that the requested relief will not unduly burden the proceeding or unfairly prejudice any party and the examiner shall issue a ruling taking into consideration the arguments of the parties and the factors in subsection (f) of this section.(f) In considering whether conducting all or part of a prehearing or posthearing conference or hearing by telephony is feasible, the examiner shall ensure that the proceeding will provide due process and will be fair, and shall take into account the following factors:(1) whether a party's request is timely;(2) whether all parties to a protested proceeding have agreed in writing to conducting all or part of the proceeding by telephony;(3) equipment and technology constraints;(4) the number of parties;(5) the number of witnesses;(6) the number and type of exhibits;(7) the distance of the parties or witnesses from Austin;(8) the nature of the hearing;(9) the testimony to be offered; and(10) any other pertinent factors which may affect the proceeding.(g) The examiner shall issue a ruling within a reasonable time period prior to the proceeding stating whether the proceeding will be conducted, in whole or in part, by telephony and serve prompt written notice of the ruling on all parties.(h) The Commission may consider the following events to constitute a failure to appear and grounds for default or dismissal:(1) failure to connect or answer for more than 10 minutes after the scheduled time for the proceeding;(2) failure to be ready to proceed with the proceeding after 10 minutes of the scheduled time; and(3) a party's intentional disconnection.(i) In the event of accidental disconnection of one or more parties to the proceeding or other technical issues, the examiner shall immediately recess the hearing and attempt to re-establish the connection or connections.", "sourceNote": "Source Note: The provisions of this §1.112 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185210", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.121", "label": "Proposals for Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185211", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In a contested case, if a majority of the Commissioners have not heard the case or read the record, the decision, if adverse to a party other than the Commission, may not be made until:(1) a proposal for decision is served on each party; and(2) an opportunity is afforded to each adversely affected party to file exceptions and present briefs to the Commission.(b) The proposal for decision must contain a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary to the proposed decision, prepared by the person who conducted the hearing or by one who has read the record.(c) The parties may waive the requirements of subsections (a) and/or (b) of this section by written stipulation.(d) The examiner may direct a party to draft and submit proposed findings of fact and conclusions of law. The examiner may limit the request for proposed findings or conclusions to any particular issue or issues of fact. The party's proposed findings of fact and conclusions of law shall be supported by concise and explicit statements of underlying facts developed from the record with specific record references. If the examiner requires the filing of proposed findings of fact or conclusions of law, the Commissioners shall rule on each proposed finding and conclusion. If the examiner permits but does not require a party to submit proposed findings of fact or conclusions of law, a ruling on the proposed findings or conclusions is not required.(e) When a proposal for decision is issued, a copy of the proposal shall be served promptly on each party or its authorized representative.(f) An examiner may amend or correct a previously served proposal for decision or proposed order and shall serve the amendment or correction on the parties. Exceptions and replies are not permitted in response to a clerical or typographical correction. When substantive amendments are necessary prior to presentation at conference, an examiner shall specify the time period for the filing of exceptions and replies. Amendments adopted by the Commission shall be noted with specificity in the Commission's final order.", "sourceNote": "Source Note: The provisions of this §1.121 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185211", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.122", "label": "Filing of Exceptions and Replies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185212", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any party may, within 15 days after the date of service of a proposal for decision, file exceptions to the proposal for decision. Replies to such exceptions may be filed by any other party within 10 days after the deadline for filing such exceptions. Either party may file a case summary with the party's exceptions or replies.(1) Exceptions and replies shall be filed with the Docket Services Section by hand delivery, first class, certified or registered mail, or commercial delivery service. The number of copies filed will be determined by the examiner as stated in the notice to the parties issued with the proposal for decision. Exceptions, replies, and case summaries may not be filed by fax or email unless permitted by the examiner or Hearings director.(2) All copies shall be unstapled and three-hole punched for a three-ring binder.(3) The filing party shall serve the exceptions or replies in accordance with §1.45 of this title (relating to Service in Protested Contested Cases).(b) The examiner, or the parties by agreement with the examiner's approval, may lengthen or shorten the time periods set out in this section if good cause is shown. A request for extension of time within which to file exceptions or replies shall be filed with the examiner and copies shall be served by the party making such a request in accordance with §1.45 of this title. The examiner shall promptly notify the parties of any action taken and shall grant the request only if good cause is shown.(c) The Commissioners may consider the case as soon as:(1) the time for filing exceptions and replies expires; or(2) the exceptions and replies are filed, if filed before the filing deadline.(d) Additional filings shall not be made and will not be accepted or considered after an item has been included on a Commission open meeting agenda posted with the Secretary of State unless the filing:(1) exclusively concerns material circumstances or events that arose after the item was posted; or(2) was requested by the Commissioners, the Hearings Director, or the examiner.", "sourceNote": "Source Note: The provisions of this §1.122 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185212", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.123", "label": "Commission Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185213", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At an open meeting, the Commissioners may:(1) adopt, modify, or reject the examiner's proposed findings of fact and conclusions of law in whole or in part;(2) remand the proceeding for further consideration by the same examiner or a different examiner;(3) direct the examiner to further consider the case with or without reopening the hearing.(b) If, on remand by the Commissioners, additional evidence is received which results in a substantial change of the examiner's recommendation for final action, an amended proposal for decision shall be prepared and circulated to the parties, unless a majority of the Commission has held the hearing or read the record. If an amended proposal for decision is prepared, all parties shall have the right to file exceptions, replies, and briefs.", "sourceNote": "Source Note: The provisions of this §1.123 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185213", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.124", "label": "Oral Argument before the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185214", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any party may request oral argument on a matter before the Commissioners by filing the request with the Docket Services Section as part of a party's exceptions, replies to exceptions, motion for rehearing, or reply to a motion for rehearing. A party may not orally request the opportunity to make oral argument at a Commission open meeting.(b) Oral argument may be allowed at the discretion of the Commissioners. Failure of the Commissioners to grant a request for oral argument shall be deemed denial of the request.(c) The Commissioners may request that parties to any proceeding present oral argument.(d) If the Commissioners will hear oral argument, the Commissioners shall determine the date, time, and order of the oral argument. The Commissioners may:(1) request that parties focus their arguments on particular issues in the case;(2) determine the sequence in which parties will proceed, and which party, if any, may close;(3) impose time limits on all speakers;(4) limit or exclude unduly repetitious arguments and presentations;(5) require that one representative present the information and position of closely aligned persons or entities; and(6) set deadlines for filing additional information or written briefs in the case.(e) Persons who need special equipment or assistance and who have a special request concerning the presentation of comments or oral argument should contact the secretary of the Commission at least 48 hours prior to the start of the open meeting to ensure that they are provided with the necessary special equipment or assistance. Failure to make such a request will not preclude a person from providing comment or oral argument. A special request includes:(1) presentation of video or audio recordings; and/or(2) use of audio or visual aids.(f) The Commissioners will accept unsolicited comments from elected officials when they are acting in their official capacities.", "sourceNote": "Source Note: The provisions of this §1.124 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185214", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.125", "label": "Interim Orders Entered by the Commissioners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185220", "queryAsDate": "03/11/2026" }, "ruleBody": "When an interim order is provided for by law, a request for an interim order will be presented to the Commissioners for consideration at an open meeting. An interim order shall not be considered a final Commission decision. Interim orders are not appealable and shall not be subject to exceptions or motions for rehearing, as provided by the APA or the rules in this chapter.", "sourceNote": "Source Note: The provisions of this §1.125 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185220", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.126", "label": "Final Decisions and Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185215", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A final decision or final order adverse to any party in a contested case shall be in writing and shall be signed by two or more Commissioners. Final decisions or final orders shall include findings of fact and conclusions of law separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If in accordance with §1.121 of this title (relating to Proposals for Decision) a party submits proposed findings of fact or conclusions of law as required by the examiner, the decision shall include a ruling or order on each proposed finding. All parties shall be notified of any decision or order pursuant to subsections (b) and (c) of this section.(b) When a decision or order in a contested case that may become final under Texas Government Code, §2001.144 is signed or when an order ruling on a motion for rehearing is signed, the Commission shall deliver or send a copy of the decision or order to each party in accordance with subsection (c) of this section. The Commission shall keep a record documenting the provisions of the notice provided to each party.(c) Methods of notice. The Commission shall notify each party to a contested case of any decision or order of the Commission using at least one of the following methods of service:(1) personal service;(2) if agreed to by the party to be notified, service by email to the party's current email address or fax number of the party's authorized representative, or of the party if the party is not represented;(3) service by first class, certified, or registered mail, or commercial delivery service sent to the last known address of the party's authorized representative or of the party if the party is not represented; or(4) service by a method required by a rule or order of the Commission.", "sourceNote": "Source Note: The provisions of this §1.126 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185215", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.127", "label": "Effective Date" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185216", "queryAsDate": "03/11/2026" }, "ruleBody": "A decision or order becomes final as provided in §1.130 of this title (relating to Finality of Decisions or Orders). The effective date of a decision or order is the date it is signed by a majority of the Commissioners, unless otherwise stated in the order and subject to a motion for rehearing. The effective date shall be incorporated into the body of the decision.", "sourceNote": "Source Note: The provisions of this §1.127 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185216", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.128", "label": "Motions for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185217", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Motions for rehearing, if filed, must be filed by a party not later than the 25th day after the decision or order that is the subject of the motion is signed, unless the time for filing the motion for rehearing has been extended under subsection (e) of this section. A motion for rehearing must identify with particularity the findings of facts or conclusions of law that are the subject of the complaint and any evidentiary or legal ruling claimed to be erroneous. The motion must also state the legal and factual basis for the claimed error. On filing of the motion for rehearing, the movant shall serve copies of the motion on all other parties in accordance with §1.45 of this title (relating to Service in Protested Contested Cases).(b) Replies to motions for rehearing must be filed not later than the 40th day after the date the decision or order that is subject of the motion is signed, or not later than the 10th day after the date a motion for rehearing is filed if the time for filing the motion for rehearing has been extended pursuant to subsection (e) of this section. On filing of the reply, copies of the reply shall be served on all other parties in accordance with §1.45 of this title.(c) Motions for rehearing and replies to motions for rehearing may not be filed by fax or email unless permitted by the examiner or the Hearings director. The number of copies required to be filed will be determined by the examiner as noted in the notice to the parties issued with the proposal for decision. All copies shall be unstapled and three-hole punched for a three-ring binder.(d) Commissioners shall act on a motion for rehearing not later than the 55th day after the date the decision or order that is the subject of the motion is signed or the motion for rehearing is overruled by operation of law.(e) The deadline for filing a motion for rehearing may be extended as follows:(1) The Commission may, on its own initiative or on the motion of any party for cause shown, by written order, extend the period of time for filing these motions and replies and for taking Commission action, provided that the Commission extends the time or takes the action not later than the 10th day after the date the period for filing a motion or reply or taking agency action expires. An extension shall not extend the period for Commission action beyond the 100th day after the date the decision or order that is the subject of the motion is signed. In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order or, in the absence of a fixed date, on the 100th day after the decision or order that is the subject of the motion is signed;(2) The parties may, by agreement and with the approval of the Commission, provide for a modification of the time periods provided in this section; or(3) Pursuant to Texas Government Code, §2001.142.(f) A subsequent motion for rehearing is not required after the Commission rules on a motion for rehearing unless the order disposing of the original motion for rehearing:(1) modifies, corrects, or reforms in any respect the decision or order that is the subject of the complaint, other than a typographical, grammatical, or other clerical change identified as such by the agency in the order, including any modification, correction, or reformation that does not change the outcome of the contested case; or(2) vacates the decision or order that is the subject of the motion and provides for a new decision or order.(g) A subsequent motion for rehearing required by subsection (f) of this section must be filed not later than the 25th day after the date the order disposing of the original motion for rehearing is signed unless the deadline for filing the motion has been extended pursuant to applicable law.", "sourceNote": "Source Note: The provisions of this §1.128 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185217", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.129", "label": "Effect of Order Granting Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185218", "queryAsDate": "03/11/2026" }, "ruleBody": "An order granting a motion for rehearing vacates the preceding final order. When the Commission renders a new final decision, a motion for rehearing directed to the new decision is a prerequisite to appeal.", "sourceNote": "Source Note: The provisions of this §1.129 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185218", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.130", "label": "Finality of Decisions or Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185219", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A decision or order in a contested case is final:(1) if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing;(2) if a motion for rehearing is timely filed, on the date:(A) the order denying the latest filed motion for rehearing is signed; or(B) the latest filed motion for rehearing is overruled by operation of law;(3) if the Commission finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision or order, on the date the decision or order is signed, provided that the agency incorporates in the decision or order a factual and legal basis establishing an imminent peril to the public health, safety, or welfare; or(4) on:(A) the date specified in the decision or order for a case in which all parties agree to the specified date in writing or on the record; or(B) if the agreed specified date is before the date the decision or order is signed, the date the decision or order is signed.(b) If a decision or order is final under subsection (a)(3) of this section, the Commission shall recite in the decision or order the finding made under that subsection and the fact that the decision or order is final and effective on the date signed.", "sourceNote": "Source Note: The provisions of this §1.130 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185219", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "H", "label": "DECISION" }, "rule": { "number": "§1.131", "label": "Administrative Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223260", "queryAsDate": "03/11/2026" }, "ruleBody": "The party appealing the Commission's order shall pay to the Commission the cost of preparing the original or a certified copy of the record prior to it being transmitted to the reviewing court at rates approved by the Office of the Attorney General of Texas. When more than one party appeals the Commission's order, the cost of the preparation of the record shall be divided equally among the appealing parties or as agreed by the parties.", "sourceNote": "Source Note: The provisions of this §1.131 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223260", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "I", "label": "PERMIT PROCESSING" }, "rule": { "number": "§1.201", "label": "Time Periods for Processing Applications and Issuing Permits Administratively" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185221", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This rule applies to permits issued administratively by the Commission through the operating divisions listed in Table 1 of this section and for which the median permit processing time exceeds seven days. These permits are listed in Table 1 of this section. For purposes of this rule, the term \"permit\" has the meaning assigned in Texas Government Code Chapter 2005.Attached Graphic(b) Completeness. An application is complete when the division or section shown in Table 1 has determined that the application contains information addressing each application requirement of the regulatory program and all information necessary to initiate the final review by the division or section processing the application. For purposes of this section, certain applicants are required to have an approved organization report (Form P-5) on file with the Commission in order for an application to be complete.(c) Time periods.(1) The date a permit application is received under this section is the date the application reaches the designated division or section within a division as shown in Table 1.(2) The division or section shown in Table 1 shall process permit applications in accordance with the time periods shown in Table 1 for a particular permit. Time periods are counted on the basis of calendar days.(3) The Initial Review Period, shown in Table 1, begins on the date the designated division or section receives the application and ends on the date the division or section gives written notice to the applicant indicating that either:(A) the application is complete and accepted for filing; or(B) the application is incomplete, as described in paragraph (4) of this subsection.(4) If the division or section determines that an application is incomplete, the division or section shall notify the applicant in writing and shall describe the specific information required to complete the application. An applicant may make no more than two supplemental filings to complete an application. The Initial Review Period shall start again each time the division or section receives a supplemental filing relating to an incomplete application. After the second supplemental submission, if the application is complete, the division or section shall administratively rule on the application; if the application is still incomplete, the division or section shall administratively deny the application. The division or section specifically does not have the authority to accept or review any other additional supplemental submissions. The division or section shall notify the applicant in writing of the administrative decision and, in the case of an administrative denial, the applicant's right to request a hearing on the application as it stands. The applicant may withdraw the application.(5) The Final Review Period, shown in Table 1, begins on the date the division or section makes a determination under paragraph (3)(A) of this subsection and ends on the date the permit is:(A) administratively granted;(B) administratively denied; or(C) docketed as a contested case proceeding if the application is neither administratively granted nor administratively denied.(6) An applicant whose application has been administratively denied may request a hearing by filing a written request for a hearing addressed to the division or section processing the application, within 30 days of the date the application is administratively denied.(7) Within seven days of either docketing an application under paragraph (5)(C) of this subsection or receiving a written request for a hearing under paragraph (6) of this subsection, the division or section processing the application shall forward the file and any request for hearing, including any memoranda or notes explaining or describing the reasons for docketing or administrative denial, to the Docket Services Section of the Hearings Division, which shall process the application as prescribed in subsection (e) of this section.(d) Complaint procedure.(1) An applicant may complain directly to the Executive Director if a division or section does not process an application within the applicable time periods shown in Table 1, and may request a timely resolution of any dispute arising from the claimed delay. All complaints shall be in writing and shall state the specific relief sought, which may include the full reimbursement of any fee paid in that particular application process. As soon as possible after receiving a complaint, the Executive Director shall notify the appropriate division director of the complaint.(2) Within 30 days of receipt of a complaint, the division director of the division or section processing the application that is the subject of the complaint shall submit to the Executive Director a written report of the facts relating to the processing of the application. The report shall include the division director's explanation of the reason or reasons the division or section did or did not exceed the established time periods. If the Executive Director does not agree that the division or section has violated the established periods or finds that good cause existed for the division or section to have exceeded the established periods, the Executive Director may deny the relief requested by the complaint.(3) For purposes of this section, good cause for exceeding the established period means:(A) the number of permit applications to be processed by the division or section exceeds by at least 15 percent the number of permit applications processed by that division or section in the same quarter of the previous calendar year;(B) the division or section must rely on another public or private entity to process all or part of the permit application received by the agency, and the delay is caused by that entity; or(C) other conditions exist that give the division or section good cause for exceeding the established period, including but not limited to circumstances such as personnel shortages, equipment outages, and other unanticipated events or emergencies.(4) The Executive Director shall make the final decision and provide written notification of the decision to the applicant and the division or section within 60 days of receipt of the complaint.(e) Hearings. If an application is docketed as a contested case proceeding, it is governed by the time periods in this chapter (relating to Practice and Procedure) once the application has been filed with the Docket Services Section of the Hearings Division.", "sourceNote": "Source Note: The provisions of this §1.201 adopted to be effective May 14, 2001, 26 TexReg 3482; amended to be effective January 9, 2002, 27 TexReg 138; amended to be effective May 13, 2004, 29 TexReg 4469; amended to be effective January 6, 2025, 50 TexReg 31." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185221", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "1", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "J", "label": "RULEMAKING" }, "rule": { "number": "§1.301", "label": "Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183928", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An interested person may petition the Commission requesting adoption of a rule. Petitions shall be in writing and filed with the Office of General Counsel.(b) Each petition must state the name and address of the petitioner.(c) Each petition shall include:(1) a brief explanation of the proposed rule;(2) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any;(3) a statement of the statutory or other authority under which the rule is proposed to be promulgated; and(4) a justification for adoption of the rule.(d) For the purposes of this section, an interested person must be:(1) a resident of this state;(2) a business entity located in this state;(3) a governmental subdivision located in this state; or(4) a public or private organization located in this state that is not a state agency.(e) The Office of General Counsel shall review all petitions for compliance with this section. If rejected, the petitioner may file a corrected petition that complies with the requirements of this section.(f) Upon receipt of a petition that complies with the requirements of this section, the Office of General Counsel shall present the petition to the Commissioners with a recommendation on whether a rulemaking proceeding should be initiated.(g) The Commissioners shall either deny the petition or approve initiation of rulemaking proceedings in accordance with the APA and these rules. The Commission may modify any proposed rule to ensure that it conforms to the format of Commission rules, adequately addresses the subject matter of the petition, and conforms to the filing requirements of the Texas Register.", "sourceNote": "Source Note: The provisions of this §1.301 adopted to be effective August 21, 2017, 42 TexReg 4131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183928", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "2", "label": "INFORMAL COMPLAINT PROCEDURE" }, "rule": { "number": "§2.1", "label": "Informal Complaint Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136349", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and jurisdiction. This section applies to complaints within the Commission's jurisdiction about natural gas purchasing, selling, shipping, transportation, and gathering practices. This section does not apply to matters arising under Texas Utilities Code, Chapter 103, entitled \"Jurisdiction and Powers of Municipality,\" or initiated under Texas Utilities Code, Chapter 104, Subchapter C, entitled \"Rate Changes Proposed by Utility,\" or Subchapter G, entitled \"Interim Cost Recovery and Rate Adjustment.\"(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Common purchaser--Has the same meaning as is given that term in Texas Natural Resources Code, §111.081.(2) Complainant--A person who submits a complaint to the Commission pursuant to this section.(3) Director--The director of the Gas Services Division of the Railroad Commission of Texas or the director's delegate.(4) Gatherer--A person providing gathering service for a fee for a third party.(5) Gathering service--Use of a pipeline to collect gas and bring it to a common point.(6) Informal complaint proceeding--The process set out in this section for addressing complaints against entities within the Commission's jurisdiction, including but not limited to natural gas purchasers, sellers, shippers, transporters, and gatherers.(7) Mediator--The individual who conducts an informal complaint resolution mediation.(8) Monitor--The Commission employee appointed by the director to manage an informal complaint proceeding and/or assist a mediator who is not a Commission employee in the management of an informal complaint proceeding. A monitor may also be a mediator.(9) Natural gas purchaser--A person that purchases natural gas.(10) Natural gas seller or seller--A person that sells natural gas, including but not limited to a producer.(11) Natural gas utility--Has the same meaning as is given that term in Texas Utilities Code, §101.003 and §121.001.(12) Participant--A complainant, respondent, monitor, or mediator in an informal complaint proceeding.(13) Person--An individual, corporation, partnership, joint venture, or other legal entity of any kind.(14) Respondent--A person who is the subject of a complaint submitted to the Commission pursuant to this section.(15) Shipper--A person for which a transporter is currently providing, has provided, or has pending a written request to provide transportation services.(16) Similarly-situated shipper--A shipper that seeks or receives transportation service under the same or substantially the same, physical, regulatory, and economic conditions of service as any other shipper of a transporter. In determining whether conditions of service are the same or substantially the same, the Commission shall evaluate the significance of relevant conditions, including, but not limited to, the following:(A) service requirements;(B) location of facilities;(C) receipt and delivery points;(D) length of haul;(E) quality of service (firm, interruptible, etc.);(F) quantity;(G) swing requirements;(H) credit worthiness;(I) gas quality;(J) pressure (including inlet or line pressure);(K) duration of service;(L) connect requirements; and(M) conditions and circumstances existing at the time of agreement or negotiation.(17) Transportation service--The receipt of a shipper's natural gas at a point or points on the facilities of a transporter, and re-delivery of a shipper's natural gas by the transporter at another point or points on the facilities of the transporter, or on another person's facilities, including exchange, backhaul, displacement, and other methods of transportation, provided, however, that the term \"transportation service\" shall not include processing services or the movement of gas to which the transporter has title.(18) Transporter--Any common purchaser of gas, any gas utility, or any gas pipeline, that provides gas gathering and/or transmission transportation service for a fee.(c) Policy.(1) The Commission encourages affordable, expeditious, and fair settlement and resolution of disputes regarding natural gas purchasers, sellers, transporters, and gatherers. The Commission will not tolerate discrimination among similarly situated shippers and sellers as is prohibited by Texas Natural Resources Code, Chapter 111, entitled \"Common Carriers, Public Utilities, and Common Purchasers,\" and Texas Utilities Code, Title 3, Subtitle A, entitled \"Gas Utility Regulatory Act,\" and Subtitle B, entitled \"Regulation of Transportation and Use,\" and other matters of dispute subject to the Commission's jurisdiction. This section is adopted in furtherance of that policy.(2) To accomplish the policy set out in this section, Commission employees, acting pursuant to this section, will attempt to facilitate, encourage, and promote resolution and settlement of complaints against natural gas purchasers, sellers, shippers, transporters, gatherers, and other persons subject to the Commission's jurisdiction consistent with the public interest and without lengthy and potentially expensive formal proceedings. The informal complaint procedure is intended to establish a forum for communication, with the goal of achieving mutually acceptable compromise and resolution that is in the public interest.(3) Filing a complaint pursuant to this section is not a prerequisite to the filing of a formal complaint. If a complaint pertains to the loss of or inability to account for gas, the complaint must be filed pursuant to §2.5 of this title (relating to Informal Complaint Process Regarding Loss of or Inability to Account for Gas. The informal complaint resolution process is an optional method for resolving complaints. However, if an informal complaint is filed and the Commission determines that there is sufficient reason to go forward, the respondent shall participate in the process. At any time prior to the mediator's issuance of the confidential memorandum pursuant to subsection (e)(13) of this section, a complainant may unilaterally withdraw an informal complaint or a complainant and respondent may jointly agree to the dismissal of an informal complaint.(d) General requirements and limitations.(1) The Commission will not process anonymous complaints under this section.(2) The communications, records, conduct, and demeanor of the participants in each informal complaint proceeding are confidential and handled in accordance with Texas Government Code, §2009.054, entitled \"Confidentiality of Certain Records and Communications.\"(3) A mediator shall have completed 40 hours of Texas mediation training that meets the standards of the Texas Alternative Dispute Resolution Procedures Act, as set out in Texas Government Code, §154.052, and must follow the ethical guidelines for mediators adopted by the Alternative Dispute Resolution Section of the State Bar of Texas.(4) A mediator may be either a Commission employee or a non-Commission employee. If the complainant and respondent submit a written request to the director agreeing to share all costs of mediation, they may retain a non-Commission employee to conduct the mediation. If the complainant and respondent are unable to agree on whether to engage a non-Commission employee as the mediator, or in the absence of a request for a non-Commission employee mediator, the director shall appoint a Commission employee to conduct the mediation. If the mediator is not a Commission employee, then the director shall appoint a Commission employee as a monitor. The monitor will act as a technical advisor to the non-Commission employee mediator and may, at the direction of the non-Commission employee mediator, participate in the informal complaint proceeding. A non-Commission employee mediator shall have the same duties and obligations of a Commission employee mediator and may, in his or her sole discretion, compel the complainant and respondent to provide information pursuant to subsection (e)(10) of this section.(5) Mediators and monitors shall not communicate with a Commission hearings examiner or a Commissioner about any material or substantive aspect of a complaint or reply filed pursuant to this section.(6) Each complainant and respondent in an informal complaint proceeding shall cooperate fully in gathering and disclosing information requested by the mediator or monitor and shall participate in good faith in all aspects of the informal complaint proceeding.(7) A natural gas purchaser, transporter, or gatherer shall not discontinue or deny service to a shipper or seller during the pendency of an informal complaint proceeding in which both are participants unless one of the following reasons applies for discontinuing service:(A) There is insufficient capacity on the respective facility or facilities, provided, however, that the purchaser, transporter, or gatherer provide any partial capacity that may be available from time to time.(B) The natural gas does not meet the quality specifications of the purchaser, transporter, gatherer, or downstream processors, pipelines, or customers. However, if the natural gas is flowing under an agreement and, at the impending termination of that agreement, there is sufficient capacity, and non-specification gas is being blended for other shippers or sellers in the area, and the acceptance of such volumes from the shipper or seller will not jeopardize downstream market deliverability of the gas, then the purchaser, transporter, or gatherer shall continue to take the gas until the conclusion of the informal complaint process, charging blending fees applicable to similarly situated shippers.(C) Continuing to take the natural gas would:(i) create a safety or environmental risk;(ii) cause a violation of a safety or environmental regulation or permit; or(iii) interfere with necessary maintenance and repairs of facilities.(D) There is no existing contractual agreement in effect on the date the complaint is filed at the Commission as to the price to be paid or fees charged for the production during the pendency of the informal complaint process, provided, however, that the production will be taken if the complainant and respondent agree that the price or fees will be determined at a later date.(E) There is such good cause as the mediator may determine in the particular case.(8) Notwithstanding anything in paragraph (7) of this subsection that may be construed to the contrary, that paragraph does not change the rights of the parties that are participating in the informal complaint proceeding that those parties have under state law or any other regulation of the Commission.(9) A transporter, gatherer, or purchaser shall not discriminate against a shipper or seller because the shipper or seller has, in good faith:(A) filed an informal complaint at the Commission;(B) filed a formal complaint at the Commission;(C) instituted or caused to be instituted at the Commission any enforcement proceeding against a purchaser, transporter, or gatherer based on alleged violations of any rule or statute; or(D) made inquiry to the Commission as to the facts or circumstances surrounding operation of a purchaser's, transporter's, or gatherer's system.(10) The Commission may commence an enforcement action, initiated by the director, for failure by the complainant or the respondent to comply with all provisions of the informal complaint proceeding.(e) Informal complaint process.(1) An informal complaint proceeding is initiated by filing a complaint with the Commission by:(A) calling the Commission Helpline at (512) 463-7288 Commission staff will answer calls to the Helpline from 8:00 a.m. to 5:00 p.m. on regular Commission business days. A voice mail system will be in place to receive calls during non-business hours; or(B) submitting a complaint in writing by:(i) regular United States mail to the following address: Director, Gas Services Division, P.O. Box 12967, Austin, Texas 78711-2967;(ii) facsimile transmission (fax) to the following number: (512) 463-7962; or(iii) internet submission by accessing the online form on the Gas Services page of the Commission's website.(2) Each complaint shall include the following information:(A) the name of the individual submitting the complaint;(B) the complainant's name, mailing address, telephone number, and, if applicable, e-mail address and fax number;(C) the respondent's name, mailing address, telephone number, and if applicable, e-mail address and fax number;(D) a factual description of the events that are the basis of the complaint, including the onset or duration of such events;(E) a statement of the current status of negotiations between the complainant and the respondent and a description of any actions the complainant has taken to resolve the dispute;(F) a statement of the relief sought by complainant; and(G) all supporting documentation, unless the complaint is made by telephone, in which case the documentation shall be supplied at a later time.(3) The director shall assign a complaint to a monitor who shall promptly contact the complainant to confirm receipt of the complaint and to obtain any additional relevant and supporting documentation pertaining to the complaint. The monitor shall advise the complainant of its right to have the complaint mediated by a Commission employee or by a non-Commission employee mediator. If the complainant has submitted the complaint by telephone and wishes to pursue the matter, the monitor shall direct the complainant to submit the complaint by e-mail, facsimile, or letter, along with supporting documentation.(4) After the monitor determines that the complainant has provided all required information, the monitor shall notify the respondent of the complaint by mailing to the respondent, via certified mail, return receipt requested, a copy of the complaint and all supporting documentation. This notification shall include notice to the respondent of its right to have the matter heard by a non-Commission employee mediator pursuant to the agreement of the complainant and the respondent.(5) The respondent shall reply in writing to both the monitor and the complainant within 14 calendar days from the date of the monitor's notification letter. The respondent's reply shall address the substance of the complaint and either propose a solution or explain why the complaint is incorrect.(6) The complainant and the respondent will be given 14 calendar days from the date of the respondent's reply to resolve the complaint without the participation of a mediator.(7) If the complainant and the respondent have not reached an agreement, the monitor shall determine within seven days after expiration of the period allowed for informal resolution in paragraph (6) of this subsection whether either the complainant or the respondent or both want the matter referred to a Commission or non-Commission mediator and shall refer the matter back to the director.(8) In the event the complainant and respondent agree upon a non-Commission employee mediator, then the monitor shall notify the agreed upon mediator. In the event the complainant and respondent desire to use a non-Commission employee mediator and are unable to agree upon the selection of a non-Commission employee mediator, each party shall each submit the name of its preferred mediator and the preferred mediators so designated shall choose a third mediator who will preside over the process.(9) In accordance with the procedure set forth in subsection (d)(4) of this section, the director shall appoint a mediator within seven days after receipt of the information in paragraph (7) of this subsection.(10) The mediator shall, within 14 calendar days after the appointment provided in paragraph (8) of this subsection, review all information received from the complainant and respondent. The mediator may request additional information as the mediator deems necessary. At any time during an informal complaint procedure, the mediator may request and review documents or information the mediator considers necessary in evaluating the complaint. The mediator shall furnish the complainant and respondent with a written summary of all relevant documents and information reviewed. The mediator's summary shall not disclose confidential information.(11) The monitor shall schedule a mediation meeting with the complainant and respondent, which the mediator shall conduct, to occur within 14 calendar days after the date of the mediator's written summary. The monitor shall promptly notify the complainant and respondent of the date, time and location of the meeting, which may be conducted at the headquarters of the Commission in Austin, Texas; in the Commission's offices in the district in which the complaint arises; or at any other location by agreement of the participants.(12) The complainant and respondent shall participate in the mediation meeting and undertake in good faith to settle all issues raised in the complaint. The complainant and respondent shall make available during the mediation meeting, in person, representatives who are empowered to make decisions on their behalf.(13) If the mediation process does not result in a settlement of all issues during the period for mediation provided, after completing the mediation, the mediator shall promptly send a confidential memorandum to the complainant, the respondent, the monitor (unless the monitor is the mediator), and the director that states one or more of the following conclusions, based on the information reviewed by the mediator. The mediator may conclude that:(A) there are specific actions which, if taken by either the respondent or the complainant or both, could result in resolution of the complaint;(B) a formal evidentiary hearing may be warranted; or(C) a formal evidentiary hearing may not be warranted.(f) A formal evidentiary hearing may be:(1) initiated by the director as a show cause proceeding; or(2) requested by either the complainant or the respondent(g) Internal report. The director shall maintain an internal report of all complaints received.(1) The report shall be circulated no less often than once every six months to the Commissioners, the executive director, and the general counsel.(2) The specific points of the participants' discussions and any negotiated resolution shall not be included in this internal report.(h) Reimbursement. If the participants request that a mediation meeting be conducted at a location other than the headquarters of the Commission in Austin, Texas, pursuant to subsection (e)(11) of this section, the participants shall reimburse the Commission for the Commission's costs related to travel to that location.", "sourceNote": "Source Note: The provisions of this §2.1 adopted to be effective March 15, 2007, 32 TexReg 1266; amended to be effective April 28, 2008, 33 TexReg 3388; amended to be effective April 25, 2017, 42 TexReg 2165." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136349", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "2", "label": "INFORMAL COMPLAINT PROCEDURE" }, "rule": { "number": "§2.5", "label": "Informal Complaint Process Regarding Loss of or Inability to Account for Gas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136350", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. This section implements the provisions of Texas Natural Resources Code, §85.065, which applies only to the loss of or inability to account for natural gas that is tendered by a producer to a gatherer or transporter of gas on or after September 1, 2007. The loss of or inability to account for natural gas that is tendered by a producer to a gatherer or transporter of gas before September 1, 2007, is governed by the law in effect on the date the gas was tendered.(b) Policy. The Commission will apply the policies, definitions, and procedures set forth in §2.1 of this title (relating to Informal Complaint Procedure), to the extent they are consistent with this section. If the provisions of §2.1 of this title are inconsistent with this section or are not applicable, the provisions of this section will apply to complaints filed pursuant to Texas Natural Resources Code, §85.065.(c) Definitions. In addition to the definitions in §2.1 of this title, the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accounting--A comprehensive record of the details of the taking or acceptance of a producer's gas and the movement of that gas from the time and place of taking or acceptance to a delivery point by a person who gathers or transports that gas, which may include measurements, quality analyses, processing, and treatment; amounts used for fuel, dehydration, compression, or flaring; liquids extraction or removal of hydrocarbons; quantity of gas redelivered, allocated, or sold for the producer's account; and the physical system used by the person who gathers or transports gas for a producer.(2) Loss of or inability to account for gas--For purposes of mediating disputes pertaining to issues involving the \"loss of or inability to account for gas,\" the Commission will examine the difference between the amount of gas metered into a system and the amount metered out.(3) Person who gathers or transports gas--Any common purchaser of gas, gas utility, or taker of natural gas including but not limited to a gas pipeline that provides gas gathering and/or transmission transportation service for a fee or some other compensation. A common purchaser that does not gather or transport gas is not subject to this section.(4) Producer--A person who owns or operates a well or wells producing oil or gas or both.(5) Waste--Waste of gas as defined in Texas Natural Resources Code, §85.046.(d) Explanation of loss of or inability to account for gas. As a prerequisite to filing an informal complaint pursuant to Texas Natural Resources Code, §85.065, and this section, a producer must submit a written request for an explanation of loss of or inability to account for gas to a person who gathers or transports gas for the producer in accordance with the requirements of this subsection.(1) A producer's request to a person who gathers or transports gas for the producer for an explanation of any loss of or inability to account for the gas tendered by the producer to the person shall be in writing and may ask the person to provide any or all of the following information:(A) the amount of gas tendered by the producer from each well that has a meter;(B) a laboratory analysis of the composition and heating value of the gas and other substances tendered by the producer, if such an analysis has been performed;(C) if available, a schematic drawing of the person's system for gathering or transporting gas that shows:(i) each meter type;(ii) the date each meter was last calibrated;(iii) the accuracy of each meter; and(iv) all equipment that alters, disposes of, or otherwise consumes any of the gas tendered to the person;(D) the estimated amount of gas used for fuel, flared, or vented for construction, repair, maintenance, or other operational uses and, if the information is available, the location of that use;(E) the estimated amount of contaminants or other impurities removed from the gas and the location at which the impurities were removed;(F) the estimated amount of liquid hydrocarbons and condensate removed from the gas and the location at which the liquid hydrocarbons and condensate were removed;(G) the estimated amount of gas lost and the location at which the gas was lost;(H) the estimated amount of gas redelivered by the person, including the amount of gas sold that was allocated to the producer, and the location at which the re-delivery of the gas occurred;(I) any amount of gas received from the producer by the person that remains unaccounted for; and(J) any other information the person who gathered or transported the gas considers relevant to the request for explanation of loss of or inability to account for gas.(2) The producer shall submit the written request to the person who gathers or transports gas for the producer. The producer shall address the request to the contact person at the address shown on the Form P-5 for the person who gathers or transports gas for the producer that is on file with the Commission. If there is no Form P-5 for the person who gathers or transports gas for the producer on file at the Commission, the producer shall use the address on the producer's contract with the person who gathers or transports gas for the producer. The producer shall send its complaint by facsimile or e-mail to the contact person and mail the request using United States Postal Service certified mail, return receipt requested, and shall retain a complete copy of the written request and the returned certified mail receipt.(3) Not later than the 30th day after the date the person who gathers or transports gas receives the request from the producer, the person shall provide the producer, by mail and facsimile or e-mail, a written explanation of any loss of or inability to account for the gas tendered to the person by the producer. The person shall include in the response any relevant information requested by the producer that is available to the person and that would be required to be included in an accounting under paragraph (1) of this subsection. For each element of information sought in a request for explanation for which an amount of gas is to be provided, the person who gathered or transported the gas shall state the method by which the amount was determined (measured, allocated, estimated, or other).(e) Informal complaint. If a producer has submitted a request under subsection (d) of this section to a person who gathers or transports gas for the producer and the person provides an inadequate explanation of any loss of or inability to account for the gas, or fails to provide any explanation of any loss of or inability to account for the gas by the deadline stated in that subsection, the producer may file with the Commission an informal complaint against the person.(1) An informal complaint may not be filed before the 30th day after the end of the production period covered by the complaint.(2) An informal complaint shall comply with the requirements of §2.1 of this title and, in addition, shall:(A) specify the production period covered by the complaint;(B) state that at least 30 days have elapsed since the end of the production period covered by the complaint;(C) if the producer metered the volume of gas tendered to the person who gathered or transported the gas:(i) describe the type of meter used; and(ii) state the date the meter was last calibrated; and(D) include a copy of the producer's request to the person who gathers or transports gas for the producer for an explanation of loss of or inability to account for gas and a copy of the returned certified mail receipt.(3) Not later than the 14th day after the date the complaint is filed at the Commission, the person who gathered or transported the gas shall provide to the producer and the Commission, by mail and facsimile or e-mail, an accounting of the gas tendered to the person by the producer for gathering or transport during the production period covered by the complaint. The person may provide the accounting on a thousand cubic feet or a million British thermal unit basis, as applicable, and shall provide all elements of information listed in subsection (d)(1)(A) - (J) of this section that the Commission determines are necessary to resolve the complaint. In addition, for each element of information for which an amount of gas is to be provided, the person shall state the method by which the amount was determined (measurement, allocation, estimation, or other).(4) The Commission may grant an extension of time to the person who gathered or transported the gas to provide the accounting required by paragraph (3) of this subsection, but the additional time may not extend beyond the 45th day after the date the informal complaint was filed.(5) If the person who gathered or transported the gas does not have the information necessary to provide the accounting required by paragraph (3) of this subsection, the person shall provide to the producer and to the Commission, by mail and facsimile or e-mail, a written explanation of the reason the person does not have the information.(6) If the person who gathered or transported the gas fails to provide the accounting required by paragraph (3) of this subsection and the explanation required by paragraph (5) of this subsection, the Commission shall consider the informal complaint filed by the producer to be valid and shall refer the matter for a formal evidentiary hearing.", "sourceNote": "Source Note: The provisions of this §2.5 adopted to be effective April 28, 2008, 33 TexReg 3388." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136350", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "2", "label": "INFORMAL COMPLAINT PROCEDURE" }, "rule": { "number": "§2.7", "label": "Administrative Penalties for Failure to Participate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224057", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements the authority delegated to the Commission by Texas Natural Resources Code, §81.058(c), which provides that the Commission, after notice and opportunity for hearing, may impose an administrative penalty against a purchaser, transporter, gatherer, shipper, or seller of natural gas who is a party to an informal complaint resolution proceeding and is determined by the Commission to have failed to participate in the proceeding or failed to provide information requested by a mediator in the proceeding. This section applies to informal complaint resolutions proceedings filed pursuant to §2.1 of this title (relating to Informal Complaint Procedure), and §2.5 of this title (relating to Informal Complaint Process Regarding Loss of or Inability to Account for Gas.(b) Failure to participate in an informal complaint resolution proceeding may include:(1) a person who gathers or transports gas not providing, by the 30th day after the date the person receives a request from a producer, a written explanation of any loss of or inability to account for the gas tendered to the person by the producer;(2) a respondent not replying in writing to both the monitor and the complainant within 14 calendar days from the date of the monitor's notification letter that a complaint has been filed at the Commission;(3) a respondent's written reply that does not address the substance of the complaint;(4) a respondent's written reply that does not either propose a solution or explain why the complaint is incorrect;(5) a person who gathers or transports gas not providing, by the 14th day after the date a complaint is filed at the Commission, the producer and the Commission an accounting of the gas tendered to the person by the producer for gathering or transport during the production period covered by the complaint;(6) if the Commission has granted an extension of time to the person who gathered or transported the gas to provide the accounting required by §2.5(e)(3) of this title, the failure of the person to respond by the deadline;(7) if the person who gathered or transported the gas does not have the information necessary to provide the accounting required by §2.5(e)(3) of this title, the failure of the person to provide to the producer and to the Commission a written explanation of the reason the person does not have the information;(8) the person who gathered or transported the gas not providing either the accounting required by §2.5(e)(3) of this title or the explanation required by §2.5(e)(5) of this title;(9) a complainant or a respondent not communicating with the other during the 14 calendar days from the date of the respondent's reply to attempt resolve the complaint without the participation of a mediator;(10) a complainant or a respondent not advising the Commission monitor within seven days after expiration of the period allowed for informal resolution whether the person wants the matter referred to a Commission or non-Commission mediator;(11) in the event the complainant and respondent desire to use a non-Commission employee mediator and are unable to agree upon the selection of a non-Commission employee mediator, failure of a complainant or a respondent to submit the name of a preferred mediator to work with the other's preferred mediator to choose a third mediator who will preside over the process;(12) a complainant or respondent not providing documents or information the mediator considers necessary in evaluating the complaint and has requested;(13) a complainant or respondent not attending a scheduled mediation meeting, absent good cause and prior notice to all participants;(14) a complainant or respondent not participating in the mediation meeting or not undertaking in good faith to settle all issues raised in the complaint; or(15) a complainant or respondent not making available during the mediation meeting, in person, representatives who are empowered to make decisions on their behalf.(c) An administrative penalty imposed under this section may not exceed $5,000 a day for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.(d) The amount of any penalty requested, recommended, or finally assessed in an enforcement action brought pursuant to this section will be determined on an individual case-by-case basis for each violation, taking into consideration the following factors:(1) the person's history of previous violations of §2.1 or §2.5 of this title, including the number of previous violations;(2) the demonstrated good faith of the person charged; and(3) any other factor the Commission considers relevant.(e) The recommended penalty for a violation may be reduced by up to 50% if the person charged agrees to a settlement before the Commission conducts an administrative hearing to prosecute a violation. Once the hearing is convened, the opportunity for the person charged to reduce the penalty is no longer available.(f) The remedy provided by this section is cumulative of any other remedy the Commission may order.", "sourceNote": "Source Note: The provisions of this §2.7 adopted to be effective April 28, 2008, 33 TexReg 3388." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224057", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.1", "label": "Organization Report; Retention of Records; Notice Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128956", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Filing requirements.(1) Except as provided under subsection (e) of this section, no organization, including any person, firm, partnership, joint stock association, corporation, or other organization, domestic or foreign, operating wholly or partially within this state, acting as principal or agent for another, for the purpose of performing operations within the jurisdiction of the Commission shall perform such operations without having on file with the Commission an approved organization report and financial security as required by Texas Natural Resources Code §§91.103 - 91.1091. Operations within the jurisdiction of the Commission include, but are not limited to, the following:(A) drilling, operating, or producing any oil, gas, brine, geothermal resource, spent brine return injection, brine mining injection, fluid injection, or oil and gas waste disposal well;(B) transporting, reclaiming, treating, processing, or refining crude oil, gas and products, brine resources, or geothermal resources and associated minerals;(C) discharging, storing, handling, transporting, reclaiming, or disposing of oil and gas waste, including hauling salt water for hire by any method other than pipeline;(D) operating gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance or repressurizing plants, or recycling plants;(E) recovering skim oil from a salt water disposal site;(F) nominating crude oil;(G) operating a directional survey company;(H) cleaning a reserve pit;(I) operating a pipeline;(J) operating as a cementer approved for plugging wells, operating as a cementer cementing casing strings or liners, or operating a well service company performing well stimulation activities, including hydraulic fracturing; or(K) operating an underground hydrocarbon or natural gas storage facility. (2) The Commission shall notify organizations that perform operations not included in paragraph (1)(A) - (K) of this subsection of any additional activities subject to the jurisdiction of the Commission which require the filing of the organization report. Such notification shall make the provisions of this section applicable to such activities.(3) Each organization performing activities subject to the jurisdiction of the Commission shall maintain a current organization report with the Commission until all duties, obligations, and liabilities incurred pursuant to Commission rules, the Natural Resources Code, Titles 3 (Subtitles A, B, C, and Chapter 111 of Subtitle D) and 5, Texas Health and Safety Code, Chapter 401; Texas Utilities Code, §121.201, and the Water Code, Chapters 26, 27, and 29, are fulfilled.(4) The organization report shall contain the following information:(A) the name, street address, mailing address, telephone number, and emergency after-hours telephone number of the organization;(B) the plan of the business organization;(C) for each officer, director, general partner, owner of more than 25% ownership interest, or trustee (hereinafter controlling entity) of the organization:(i) that entity's or individual's full legal name, the name(s) under which such entity or individual conducts business in the State of Texas, and all assumed names;(ii) the following:(I) if the entity is an individual, his or her social security number. Any individual who does not have a valid social security number shall submit, at that person's option, either his or her valid driver's license or Texas State Identification number;(II) if the entity is not an individual, the name and, at that person's option, either the valid driver's license, social security, or Texas Identification number of each officer, director, or other person, who, under Texas Natural Resources Code, §91.114, holds a position of ownership or control of the organization, or an active P-5 number for that entity. All controlling entities connected to an organization which are not individuals shall provide the identification of the individuals in ownership or control of those entities.(iii) a street address different than that of the organization; and(iv) if different from the mailing address of the organization, a mailing address;(D) if a foreign or nonresident organization, the name and street address of a resident agent.(E) the name of any non-employee agent that the organization authorizes to act for the organization in signing Oil and Gas Division certificates of compliance which initially designate the operator or change the designation of the operator. Organizations may designate non-employee agents to execute subsequent organization reports. That designation shall be authorized by the organization and not by a non-employee agent.(5) Any organization may designate a resident agent with a street address different than that of the organization in place of submitting the street addresses of the three (if applicable) primary controlling entities of the organization. Any foreign or nonresident organization identified in paragraph (1) of this subsection shall designate and maintain a resident agent upon whom may be served any process, notice, or demand required or permitted by law to be served upon such entity by or on behalf of the Commission. Failure of such organization to designate and maintain a resident agent shall render the organization report invalid. (Reference Order Number 20-60,617, effective January 1, 1971.)(6) Failure by any organization identified in paragraph (1) of this subsection to answer any subpoena, commission to take deposition, or directive to appear at a hearing served upon such organization by or on behalf of the Commission shall render the organization report invalid.(7) An organization shall refile an organization report annually according to the schedule assigned by the Commission. Prior to the filing date, the Commission shall mail notification and information to each organization for update of the organization report file. An organization shall file an amended organization report within 15 days after a change in any information required to be reported in the organization report. Only address changes may be made by letter.(8) The Commission shall meet any requirement under statute or Commission rule for an order to be sent or notice to be given by the Commission to an organization by mailing the item to the organization's mailing address shown on the most recently filed organization report or the most recently filed letter notification of change of address. Notices sent by regular first-class mail shall be presumed to have been received if, upon arrival of the deadline for any response to the notice, the wrapper containing the notice has not been returned to the Commission. Any Commission action or proceeding for which notice is required shall go forward on the basis of the notice provided under this subsection, whether or not actual notice has been received. Service of notices and orders sent by certified mail is effective upon:(A) acceptance of the item by any person at the address;(B) initial failure to claim or refusal to accept the item by any person at the address prior to its eventual return to the Commission by the United States Postal Service; or(C) return of the item to the Commission by the United States Postal Service bearing a notation such as \"addressee unknown,\" \"no forwarding address,\" \"forwarding order expired,\" or any similar notation indicating that the organization's mailing address shown on the most recently filed organization report or address change notification letter is incorrect.(9) An organization may also designate to the Commission in writing a specified address for all Commission correspondence relating to a particular district. If designated by an operator, this specified address shall be used in lieu of the organization address for any notices, other than hearing notices, pertaining to that district.(10) The Commission may return, unapproved, to the organization address an organization report which is submitted to the Commission not fully completed according to the report's written instructions and not timely corrected. In the event that the Commission returns an organization report, all submitted financial assurances shall remain non-refundable. If an organization report approved by the Commission is found to contain information that was materially false at the time it was submitted for approval, the Commission may suspend or revoke the organization report after notice and opportunity for hearing.(b) Record requirements. All entities who perform operations which are within the jurisdiction of the Commission shall keep books showing accurate records of the drilling, redrilling, or deepening of wells, the volumes of crude oil on hand at the end of each month, the volumes of oil, gas, brine, and geothermal resources produced and disposed of, together with records of such information on leases or property sold or transferred, and other information as required by Commission rules and regulations in connection with the performance of such operations, which books shall be kept open for the inspection of the Commission or its representatives, and shall report such information as required by the Commission to do so.(c) Time frame. All organizations shall keep copies of records, forms, and documents which are required to be filed with the Commission, along with the supporting documents referred to in subsection (b) of this section, for a period of three years, or longer if required by another Commission rule, and any such copies may be disposed of at the discretion of such entities after the original records, forms, and documents have been on file with the Commission for the required period, except that particular documents shall be retained beyond the required period and until the resolution of pending Commission regulatory enforcement proceedings if the documents contain information material to the determination of any issues therein. All records, forms, and documents required to be filed with the Commission shall be filed in the same name, exactly as it appears on the organization report.(d) Organization reports for operators of inactive wells.(1) The Commission or its delegate may approve the organization report for an operator of an inactive well if the Commission or its delegate has approved an extension of the deadline for plugging the inactive well.(2) The Commission or its delegate may conditionally approve an organization report if:(A) the operator assumed responsibility for a well that was inactive at the time of the approval of the operator designation form for the well; and(B) the Commission or its delegate approved the operator designation form for the inactive well less than six months prior to the date the operator is required to renew its organization report.(3) The Commission or its delegate may revoke conditional approval of an organization report granted under paragraph (2) of this subsection after notice of opportunity for hearing if the operator has failed to meet any of the following requirements within six months after approval of the operator designation form:(A) restoration of the well to active status as defined by Commission rule;(B) plugging of the well in compliance with a Commission rule or order; or(C) obtaining the approval of the Commission or its delegate of an extension of the deadline for plugging an inactive well.(e) Issuance of permits to organizations without active organization reports.(1) Notwithstanding contrary provisions of this section, the Commission or its delegate may issue a permit to an organization or individual that does not have an active organization report or does not ordinarily conduct activities under the jurisdiction of the Commission when the issuance of such a permit is determined to be necessary to implement a compliance schedule, or to remedy circumstances or a violation of a Commission rule, order, license, permit, or certificate of compliance relating to safety or the prevention of pollution. For permits issued under this subsection, the Commission or its delegate may impose special conditions or terms not found in like permits issued pursuant to other Commission rules. Any organization or individual who requests such a permit shall file an organization report and any other required forms for record-keeping purposes only. The report or form shall contain all information ordinarily required to be submitted to the Commission or its delegate.(2) This section shall not limit the Commission's authority to plug or to replug wells or to clean up pollution or unpermitted discharges of waste under the jurisdiction of the Commission.(f) Each organization required to file an organization report under subsection (a) of this section or an affiliate of such an organization that performs operations within the jurisdiction of the Commission that files for federal bankruptcy protection shall provide written notice to the Commission of that action not later than the 30th day after the date the organization or the affiliate files for bankruptcy protection by submitting the notice to the Enforcement Section of the Office of General Counsel. All bankruptcy-related notices sent to the Commission shall be submitted in writing to that section. For the purpose of this section, affiliate means an organization that is effectively controlled by another.(g) Neither the Commission nor its delegate may approve an organization report unless the organization has complied with the state registration requirements of the Secretary of State. A tax dispute with the Comptroller of Public Accounts shall not be a basis for disapproving an organization report.(h) Pursuant to Texas Natural Resources Code, §91.706(b), if an operator uses or reports use of a well for production, injection, or disposal for which the operator's certificate of compliance has been canceled, the Commission or its delegate may refuse to renew the operator's organization report required by Texas Natural Resources Code, §91.142, until the operator pays the fee required by §3.78(b)(8) of this title (relating to Fees and Financial Security Requirements) and the Commission or its delegate issues the certificate of compliance required for that well.", "sourceNote": "Source Note: The provisions of this §3.1 adopted to be effective\r\nJanuary 1, 1976; amended to be effective January 1, 1981, 5 TexReg\r\n4990; amended to be effective February 22, 1986, 11 TexReg 701; amended\r\nto be effective December 7, 1987, 12 TexReg 4411; amended to be effective\r\nJuly 22, 1991, 16 TexReg 3767; amended to be effective July 1, 1992,\r\n17 TexReg 4173; amended to be effective May 22, 2000, 25 TexReg 4512;\r\namended to be effective January 11, 2004, 29 TexReg 359; amended to\r\nbe effective November 26, 2007, 32 TexReg 8452; amended to be effective\r\nSeptember 13, 2010, 35 TexReg 8332; amended to be effective August\r\n27, 2012, 37 TexReg 6538; amended to be effective February 18, 2025,\r\n50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128956", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.2", "label": "Commission Access to Properties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission or its representatives shall have access to come upon any lease or property operated or controlled by an operator, producer, or transporter of oil, gas, or geothermal resources, and to inspect any and all leases, properties, and wells and all records of said leases, properties, and wells.(b) Designated agents of the commission are authorized to make any tests on any well at any time necessary for conservation regulation, and the owner of such well is hereby directed to do all things that may be required of him by the commission's agent to make such tests in a proper manner.", "sourceNote": "Source Note: The provisions of this §3.2 adopted to be effective January 1, 1976; amended to be effective January 30, 2007, 32 TexReg 287." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7494", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.3", "label": "Identification of Properties, Wells, and Tanks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7495", "queryAsDate": "03/11/2026" }, "ruleBody": "Each property that produces oil, gas, or geothermal resources and each oil, gas, or geothermal resource well and tank, or other approved crude oil measuring facility where tanks are not utilized thereon, shall at all times be clearly identified as follows.(1) A sign shall be posted at the principal entrance to each such property which shall show the name by which the property is commonly known and is carried on the records of the commission, the name of the operator, and the number of acres in the property.(2) A sign shall be posted at each well site which shall show the name of the property, the name of the operator, and the well number.(3) A sign shall be posted at or painted on each oil stock tank and on each remotely located satellite tank, or on each approved crude oil measuring facility where tanks are not utilized, that is located on or serving each property, which signs shall show, in addition to the information provided for in paragraph (1) of this section, the commission lease number for the formation from which oil in the tank, or in an approved crude oil measuring facility, is produced, and where oil from more than one formation is commingled in the same tank, or in an approved crude oil measuring facility, the sign shall show the number of the commission permit that authorized the commingling of the oil; provided that, if there is more than one tank in a battery which contains oil from only one formation or oil from different formations that is commingled pursuant to a single commingling permit, it will not be necessary for the sign to be posted at or painted on each tank if the sign posted at or painted on a tank in the battery shows the required information and clearly identifies, by tank number or otherwise, the tanks to which the information is applicable.(4) If a well is separately completed in two or more producing formations, the wellhead valve and flow line serving each separate formation shall be identified by a metal tag or other lettering attached to or painted on either the valve or flow line which shows the name of the formation and identifies the completion string of casing or tubing, as for example \"C\" for casing; \"UT\" for upper tubing; \"LT\" for lower tubing, etc., each being preceded or followed by the name of the producing formation.(5) The signs and identification required by this section shall be in the English language, clearly legible, and in the case of the signs required by paragraphs (1), (2), and (3) of this section shall be in letters and numbers at least one inch in height.", "sourceNote": "Source Note: The provisions of this §3.3 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7495", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.4", "label": "Oil and Geothermal Lease Numbers and Gas Well ID Numbers Required on All Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224058", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Lease name and number.(1) All operators with oil and geothermal producing properties must ascertain from the appropriate proration schedule the lease number assigned to each separate lease, and thereafter include on each commission-required form or report the exact lease name and its number as they appear on the current proration schedule for all leases.(2) No commission-required form or report will be accepted until the form or report is properly completed, including both the lease name and lease number applicable thereto.(3) If a lease has not been issued a lease number on the current proration schedule, the lease shall have assigned to it the exact lease name as shown on the form first submitted, and in addition thereto a lease number will be assigned at the same time the form reflecting the potential test is submitted and processed. Subsequent to the assignment of a lease number, such number together with the exact lease name as submitted on the appropriate form must appear on all future forms and reports submitted to the commission, the lease number and lease name as assigned by the commission to be evidenced to the operator on the face of the supplement establishing the allowable for the lease.(b) Gas well identification numbers shall be assigned by the commission for each separate gas well completion, and such gas well identification number shall be used on all forms and reports required by and filed with the commission concerning operations for such well so long as it remains a gas well, such commission gas well identification number to be effective as provided in the following paragraphs.(1) All operators having a gas well must ascertain from the appropriate current gas allowable schedule the commission gas well identification number assigned to each separate gas well completion, and thereafter include on each commission required form or report its exact well lease name and number and its commission gas well identification number as they appear on the current gas allowable schedule for all gas wells completed in the same reservoir.(2) No commission-required form or report will be accepted until the form or report is properly completed, including both the well lease name and number and the commission gas well identification number applicable thereto.(3) If a gas well has not been assigned a gas well identification number on the current gas allowable schedule, such well shall have assigned to it the exact well lease name and number as shown on the appropriate form and, in addition thereto, a gas well identification number will be assigned at the time the commission-required form is submitted and processed. After the assignment of a gas well identification number, such number together with the exact well lease name and number on the form first submitted, must appear on all future forms and reports submitted to the commission, the gas well lease name and gas well identification number as assigned by the commission to be evidenced to the operator on the face of the supplement establishing the initial allowable for such well.", "sourceNote": "Source Note: The provisions of this §3.4 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224058", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.5", "label": "Application To Drill, Deepen, Reenter, or Plug Back" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117861", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements for spacing, density, and units. An application for a permit to drill, deepen, plug back, or reenter any oil well, gas well, brine production well, or geothermal resource well shall be made under the provisions of §§3.37, 3.38, 3.39, 3.40, and/or 3.82 of this title (relating to Statewide Spacing Rule; Well Densities; Proration and Drilling Units: Contiguity of Acreage and Exception Thereto; Assignment of Acreage to Pooled Development and Proration Units; and Brine Production Projects and Associated Brine Production Wells and Class V Spent Brine Return Injection Wells) (Statewide Rules 37, 38, 39, 40, and 82), or as an exception thereto, or under special rules governing any particular oil, gas, brine, or geothermal resource field or as an exception thereto and filed with the commission on a form approved by the commission. An application must be accompanied by any relevant information, form, or certification required by the Railroad Commission or a commission representative necessary to determine compliance with this rule and state law.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Application--Request by an organization made either on the prescribed form or electronically pursuant to procedures for electronic filings adopted by the commission for a permit to drill, deepen, plug back, or reenter any oil well, gas well, brine production well, or geothermal resource well.(2) Commission--The Railroad Commission of Texas.(3) Commission representative--A commission employee authorized to act for the commission. Any authority given to a commission representative is also retained by the commission. Any action taken by the commission representative is subject to review by the commission.(c) Commencement of operations. Operations of drilling, deepening, plugging back, or reentering shall not be commenced until the permit has been granted by the commission and the waiting period, if any, has terminated, or authorization has been granted pursuant to subsection (d) of this section.(d) Testing of existing wells in other reservoirs inside the casing. For an existing well, an operator may request authorization to commence operations to deepen inside the casing or plug back prior to the granting of a permit to deepen or plug back.(1) This authorization shall be requested by submitting a request with the district office to deepen inside the casing or plug back. The request shall include:(A) the operator name;(B) the lease name;(C) the lease number or gas identification number;(D) well number;(E) county;(F) field name;(G) a list of all reservoir(s) to be tested;(H) the casing setting depth and the depth of the deepest reservoir to be tested;(I) a plat showing the well location; and(J) a statement as to whether or not the well location would require an exception to §§3.37, 3.38, 3.39, and/or 3.40 of this title (relating to Statewide Spacing Rule; Well Densities; Proration and Drilling Units: Contiguity of Acreage and Exception Thereto; and Assignment of Acreage to Pooled Development and Proration Units) (Statewide Rules 37, 38, 39, and 40) if completed in any of the reservoirs to be tested. If an exception would be required, the request shall also include a statement that all affected offsets have been given written notice of the intent to test with the opportunity to witness the testing and the offsets shall be identified on the plat.(2) Operations of deepening inside the casing or plugging back shall not be commenced until the district office has reviewed and approved the request. Testing pursuant to this authorization shall be completed within 90 days from the date the district office approves the request.(A) No reservoir tested pursuant to the provisions of this subsection shall be tested for more than 15 days.(B) If the operator desires to place the well on production, the operator shall shut in the well, with no production being sold, and file a permit application for the tested reservoirs with the appropriate fees. If the permit application for the tested reservoirs requires an exception to §§3.37, 3.38, 3.39, and/or 3.40 of this title (relating to Statewide Spacing Rule; Well Densities; Proration and Drilling Units: Contiguity of Acreage and Exception Thereto; and Assignment of Acreage to Pooled Development and Proration Units) (Statewide Rules 37, 38, 39, and 40), no consideration will be given by the commission to the cost of recompleting and testing the well in determining whether or not to grant the exception.(C) Within 30 days of completion of testing, the operator must either file an application for a permit to produce a reservoir tested pursuant to this subsection or file an amended completion report in accordance with §3.16 of this title (relating to Log and Completion or Plugging Report) (Statewide Rule 16) with a copy of the request signed by the district office and a statement that a permit to produce a tested reservoir is not being sought, or if the well has been plugged and abandoned, a plugging report including reservoir and perforation data. If a permit is not obtained for the tested reservoirs and/or an allowable is not assigned, the producer shall report all test production on Form PR, Monthly Production Report, filed for the last permitted reservoir in which the well was completed and may request authorization to sell the test production. The test production may be sold after such authorization is granted.(e) Exploratory and specialty wells. An application for any exploratory well or cathodic protection well that penetrates the base of the fresh water strata, fluid injection well, injection water source well, disposal well, brine production well, brine solution mining well, spent brine return injection well, or underground hydrocarbon storage well shall be made and filed with the commission on a form approved by the commission. Operations for drilling, deepening, plugging back, or reentering shall not be commenced until the permit has been granted by the commission. For an exploratory well, an exception to filing such form prior to commencing operations may be obtained if an application for a core hole test is filed with the commission.(f) Drilling permit fee. With each application or materially amended application, the applicant shall submit to the commission a nonrefundable fee as determined by §3.78 of this title (relating to Fees and Financial Security Requirements) (Statewide Rule 78).(g) Expiration. Any permit to drill, deepen, plug back, or reenter granted by the commission expires no later than two years after the date of original approval.(h) Plats. An application to drill, deepen, plug back, or reenter shall be accompanied by a neat, accurate plat, with a scale of one inch equals 1,000 feet. The plat for the initial well on the lease, pooled unit, or unitized tract shall show the entire lease, pooled unit, or tract, including all tracts being pooled. If necessary to show the entire lease, the scale may be one inch equals 2,000 feet. Plats for subsequent wells on a lease or pooled unit shall show at least the lease or pooled unit line nearest the proposed location and the nearest survey/section lines. The Division Director or the director's delegate may approve plats with other scales upon request.(1) The lease shall be outlined on the plat using either a heavy line or crosshatching.(2) For vertical wells, the plat shall include the following:(A) the surface location of the proposed drilling site;(B) perpendicular lines providing the distance in feet from the two nearest non-parallel survey/section lines to the surface location;(C) perpendicular lines providing the distance in feet from the two nearest non-parallel lease lines to the surface location;(D) a line providing the distance in feet from the surface location to the nearest point on the lease line, pooled unit line, or unitized tract line. If there is an unleased interest in a tract of the pooled unit that is nearer than the pooled unit line, the nearest point on that unleased tract boundary shall be used;(E) a line providing the distance in feet from the surface location to the nearest oil, gas, or oil and gas well identified by number either applied for, permitted, or completed in the same lease, pooled unit, or unitized tract and in the same field and reservoir; (F) the geographic location information, including the Latitude/Longitude or X/Y coordinates in the NAD 27, NAD 83, or WGS 84 coordinate system;(G) a labeled scale bar; and(H) northerly direction.(3) For horizontal wells, the plat shall include the following:(A) the surface location of the proposed drilling site, penetration point, first take point, last take point, and terminus location;(B) perpendicular lines providing the distance in feet from the two nearest non-parallel survey/section lines to the surface location;(C) perpendicular lines providing the distance in feet from the two nearest non-parallel lease lines to the surface location; if location is offlease, then provide the distance in feet from the two nearest non-parallel survey/section lines to the surface location;(D) a line providing the distance in feet from the horizontal wellbore between and including the penetration point and the terminus location to the nearest point on the lease line, pooled unit line, or unitized tract line. If there is an unleased interest in a tract of the pooled unit that is nearer than the pooled unit line, the nearest point on that unleased tract boundary shall be indicated. A line providing the distance in feet from the horizontal wellbore between and including the first take point and the last take point to the nearest point on the lease line shall be indicated. If there are multiple leases, pooled units and/or unitized tracts closer to the horizontal course(s) of the drainhole(s) than allowed by the applicable spacing rule, then the operator shall provide the distance in feet from the closest take point to each such tract;(E) a line providing the distance in feet from the wellbore from the penetration point through the terminus location to the nearest oil, gas, or oil and gas well identified by number either applied for, permitted, or completed in the same lease, pooled unit, or unitized tract and in the same field and reservoir. A line providing the distance in feet from the wellbore between and including the first take point and the last take point to the nearest oil, gas, or oil and gas well identified by number either applied for, permitted, or completed in the same lease, pooled unit, or unitized tract and in the same field and reservoir;(F) the geographic location information for the surface location of the well, including the Latitude/Longitude or X/Y coordinates in the NAD 27, NAD 83, or WGS 84 coordinate system;(G) a labeled scale bar; and(H) northerly direction.(4) Requirements for plats as provided for in §3.11, §3.37, §3.38, and §3.86 of this title (relating to Inclination and Directional Surveys Required, Statewide Spacing Rule, Well Densities, and Horizontal Drainhole Wells) may supplement or replace the plat requirements set out above.", "sourceNote": "Source Note: The provisions of this §3.5 adopted to\r\nbe effective January 1, 1976; amended to be effective September 1,\r\n1983, 8 TexReg 3184; amended to be effective March 10, 1986, 11 TexReg\r\n901; amended to be effective October 30, 1986, 11 TexReg 4214; amended\r\nto be effective February 24, 1992, 17 TexReg 1225; amended to be effective\r\nSeptember 1, 1992, 17 TexReg 5283; amended to be effective July 10,\r\n2000, 25 TexReg 6487; amended to be effective June 11, 2001, 26 TexReg\r\n4088; amended to be effective September 1, 2004, 29 TexReg 8271; amended\r\nto be effective January 30, 2007, 32 TexReg 287; amended to be effective\r\nFebruary 1, 2016, 41 TexReg 785; amended to be effective February\r\n18, 2025, 50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117861", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.6", "label": "Application for Multiple Completion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224059", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority will be granted to multicomplete a well in separate reservoirs that are not in communication without the necessity of notice and hearing on each separate application; provided, that an application for multiple completion on the form prescribed and the required accompanying data, as hereafter listed, is filed with the Engineering unit of the Commission's Permitting and Production Section for its consideration and approval.(b) If the proposed zones of completion are not presently recognized by the commission as being acceptable for multicompletion approval, all data necessary to substantiate a conclusion by the commission that the proposed zones of completion are feasible and reasonably susceptible of having multicompleted and producing wells drilled thereto and therein must be filed with the application.(c) If the additional data furnished with the application is not considered by the commission to be sufficient to establish the proposed zones of completion as separate zones of production which are feasible and reasonably susceptible of having multicompleted and producing wells drilled thereto and therein, or if any party protests such an application, then, if an operator so elects, his application will be set for hearing.(d) Multiple completion authority for a well will not be granted unless the following required data have been filed with the Engineering unit of the Commission's Permitting and Production Section:(1) application for multiple completion properly executed and attested;(2) electrical log or portion of the electric log of the well or a type electric log or a portion of the type electric log showing clearly thereon the subsurface location of the separate reservoirs claimed. Any electric log filed will be considered public information pursuant to §3.16 of this title (relating to Log and Completion Report (Statewide Rule 16);(3) packer setting report where applicable;(4) packer leakage test or communication test;(5) diagrammatic sketch of the mechanical installation;(6) letters of waiver from offset operators, or evidence that notice of application to multicomplete was given to said operators.", "sourceNote": "Source Note: The provisions of this §3.6 adopted to be effective January 1, 1976; amended to be effective February 28, 1986, 11 TexReg 545; amended to be effective November 24, 2004, 29 TexReg 10728." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224059", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.7", "label": "Strata To Be Sealed Off" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223564", "queryAsDate": "03/11/2026" }, "ruleBody": "Whenever hydrocarbon, brine or geothermal resource fluids are encountered in any well drilled for oil, gas, brine, or geothermal resources in this state, such fluid shall be confined in its original stratum until it can be produced and utilized without waste. Each such stratum shall be adequately protected from infiltrating waters. Wells may be drilled deeper after encountering a stratum bearing such fluids if such drilling shall be prosecuted with diligence and any such fluids be confined in its stratum and protected as aforesaid upon completion of the well. The commission will require each such stratum to be cased off and protected, if in its discretion it shall be reasonably necessary and proper to do so.", "sourceNote": "Source Note: The provisions of this §3.7 adopted to be effective\r\nJanuary 1, 1976; amended to be effective February 18, 2025, 50 TexReg\r\n835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223564", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.8", "label": "Water Protection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169759&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169759", "queryAsDate": "03/11/2026" }, "ruleBody": "Effective July 1, 2025, the requirements of this section are incorporated in Chapter 4 of this title (relating to Environmental Protection), specifically Subchapter A (relating to Oil and Gas Waste Management).", "sourceNote": "Source Note: The provisions of this §3.8 adopted to be effective January 1, 1976; amended to be effective February 10, 1977, 2 TexReg 359; amended to be effective October 3, 1980, 5 TexReg 3794; amended to be effective May 1, 1984, 9 TexReg 1549; amended to be effective March 15, 1986, 11 TexReg 950; amended to be effective January 6, 1987, 11 TexReg 5091; amended to be effective December 1, 1987, 12 TexReg 4188; amended to be effective January 28, 1992, 17 TexReg 321; amended to be effective February 1, 1995, 19 TexReg 10345; amended to be effective October 25, 1995, 20 TexReg 8442; amended to be effective April 1, 1996, 20 TexReg 9423; amended to be effective July 10, 2000, 25 TexReg 6487; amended tobe effective September 1, 2004, 29 TexReg 8271; amended to be effective April 15, 2013, 38 TexReg 2318; amended to be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169759&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169759", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.9", "label": "Disposal Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223565", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person who disposes of saltwater or other oil and gas waste by injection into a porous formation not productive of oil, gas, or geothermal resources shall be responsible for complying with this section, Texas Water Code, Chapter 27, and Title 3 of the Natural Resources Code.(1) General. Saltwater or other oil and gas waste, as that term is defined in the Texas Water Code, Chapter 27, may be disposed of, upon application to and approval by the commission, by injection into nonproducing zones of oil, gas, or geothermal resources bearing formations that contain water mineralized by processes of nature to such a degree that the water is unfit for domestic, stock, irrigation, or other general uses. Every applicant who proposes to dispose of saltwater or other oil and gas waste into a formation not productive of oil, gas, or geothermal resources must obtain a permit from the commission authorizing the disposal in accordance with this section. Permits from the commission issued before the effective date of this section shall continue in effect until revoked, modified, or suspended by the commission.(2) Geological requirements. Before such formations are approved for disposal use, the applicant shall show that the formations are separated from freshwater formations by impervious beds which will give adequate protection to such freshwater formations. The applicant must submit a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating that the use of such formation will not endanger the freshwater strata in that area and that the formations to be used for disposal are not freshwater-bearing.(3) Application.(A) The application to dispose of saltwater or other oil and gas waste by injection into a porous formation not productive of oil, gas, or geothermal resources shall be filed with the commission in Austin accompanied by the prescribed fee. On the same date, one copy shall be filed with the appropriate district office.(B) The applicant for a disposal well permit under this section shall include with the permit application a printed copy or screenshot showing the results of a survey of information from the United States Geological Survey (USGS) regarding the locations of any historical seismic events within a circular area of 100 square miles (a circle with a radius of 9.08 kilometers) centered around the proposed disposal well location.(C) The commission may require an applicant for a disposal well permit under this section to provide the commission with additional information such as logs, geologic cross-sections, pressure front boundary calculations, and/or structure maps, to demonstrate that fluids will be confined if the well is to be located in an area where conditions exist that may increase the risk that fluids will not be confined to the injection interval. Such conditions may include, but are not limited to, complex geology, proximity of the basement rock to the injection interval, transmissive faults, and/or a history of seismic events in the area as demonstrated by information available from the USGS.(4) Commercial disposal well. An applicant for a permit to dispose of oil and gas waste in a commercial disposal well shall clearly indicate on the application and in the published notice of application that the application is for a commercial disposal well permit. For the purposes of this rule, \"commercial disposal well\" means a well whose owner or operator receives compensation from others for the disposal of oil field fluids or oil and gas wastes that are wholly or partially trucked or hauled to the well, and the primary business purpose for the well is to provide these services for compensation.(5) Notice and opportunity for hearing.(A) The applicant shall give notice by mailing or delivering a copy of the application to affected persons who include the owner of record of the surface tract on which the well is located; each commission-designated operator of any well located within one-half mile of the proposed disposal well; the county clerk of the county in which the well is located; and the city clerk or other appropriate city official of any city where the well is located within the municipal boundaries of the city, on or before the date the application is mailed to or filed with the commission. For the purposes of this section, the term \"of record\" means recorded in the real property or probate records of the county in which the property is located.(B) In addition to the requirements of subsection (a)(5)(A) of this section, a commercial disposal well permit applicant shall give notice to owners of record of each surface tract that adjoins the proposed disposal tract by mailing or delivering a copy of the application to each such surface owner.(C) If, in connection with a particular application, the commission or its delegate determines that another class of persons should receive notice of the application, the commission or its delegate may require the applicant to mail or deliver a copy of the application to members of that class. Such classes of persons could include adjacent surface owners or underground water districts.(D) In order to give notice to other local governments, interested, or affected persons, notice of the application shall be published once by the applicant in a newspaper of general circulation for the county where the well will be located in a form approved by the commission or its delegate. The applicant shall file with the commission in Austin proof of publication prior to the hearing or administrative approval.(E) Protested applications:(i) If a protest from an affected person or local government is made to the commission within 15 days of receipt of the application or of publication, whichever is later, or if the commission or its delegate determines that a hearing is in the public interest, then a hearing will be held on the application after the commission provides notice of hearing to all affected persons, local governments, or other persons, who express an interest, in writing, in the application.(ii) For purposes of this section, \"affected person\" means a person who has suffered or will suffer actual injury or economic damage other than as a member of the general public or as a competitor, and includes surface owners of property on which the well is located and commission-designated operators of wells located within one-half mile of the proposed disposal well.(F) If no protest from an affected person is received by the commission, the commission's delegate may administratively approve the application. If the commission's delegate denies administrative approval, the applicant shall have a right to a hearing upon request. After hearing, the examiner shall recommend a final action by the commission.(6) Subsequent commission action.(A) A permit for saltwater or other oil and gas waste disposal may be modified, suspended, or terminated by the commission for just cause after notice and opportunity for hearing, if:(i) a material change of conditions occurs in the operation or completion of the disposal well, or there are material changes in the information originally furnished;(ii) freshwater is likely to be polluted as a result of continued operation of the well;(iii) there are substantial violations of the terms and provisions of the permit or of commission rules;(iv) the applicant has misrepresented any material facts during the permit issuance process;(v) injected fluids are escaping from the permitted disposal zone;(vi) injection is likely to be or determined to be contributing to seismic activity; or(vii) waste of oil, gas, or geothermal resources is occurring or is likely to occur as a result of the permitted operations.(B) A disposal well permit may be transferred from one operator to another operator provided that the commission's delegate does not notify the present permit holder of an objection to the transfer prior to the date the lease is transferred on Commission records.(C) Voluntary permit suspension.(i) An operator may apply to temporarily suspend its injection authority by filing a written request for permit suspension with the commission in Austin, and attaching to the written request the results of an MIT test performed during the previous three-month period in accordance with the provisions of paragraph (12)(D) of this section. The provisions of this subparagraph shall not apply to any well that is permitted as a commercial disposal well.(ii) The commission or its delegate may grant the permit suspension upon determining that the results of the MIT test submitted under clause (i) of this subparagraph indicate that the well meets the performance standards of paragraph (12)(D) of this section.(iii) During the period of permit suspension, the operator shall not use the well for injection or disposal purposes.(iv) During the period of permit suspension, the operator shall comply with all applicable well testing requirements of §3.14 of this title (relating to plugging, and commonly referred to as Statewide Rule 14) but need not perform the MIT test that would otherwise be required under the provisions of paragraph (12)(D) of this section or the permit. Further, during the period of permit suspension, the provisions of paragraph (11)(A) - (C) of this section shall not apply.(v) The operator may reinstate injection authority under a suspended permit by filing a written notification with the commission in Austin. The written notification shall be accompanied by an MIT test performed during the three-month period prior to the date notice of reinstatement is filed. The MIT test shall have been performed in accordance with the provisions and standards of paragraph (12)(D) of this section.(7) Area of Review.(A) Except as otherwise provided in this paragraph, the applicant shall review the date of public record for wells that penetrate the proposed disposal zone within a 1/4 mile radius of the proposed disposal well to determine if all abandoned wells have been plugged in a manner that will prevent the movement of fluids from the disposal zone into freshwater strata. The applicant shall identify in the application any wells which appear from such review of public records to be unplugged or improperly plugged and any other unplugged or improperly plugged wells of which the applicant has actual knowledge.(B) The commission or its delegate may grant a variance from the area-of-review requirements of subparagraph (A) of this paragraph upon proof that the variance will not result in a material increase in the risk of fluid movement into freshwater strata or to the surface. Such a variance may be granted for an area defined both vertically and laterally (such as a field) or for an individual well. An application for an areal variance need not be filed in conjunction with an individual permit application or application for permit amendment. Factors that may be considered by the commission or its delegate in granting a variance include:(i) the area affected by pressure increases resulting from injection operations;(ii) the presence of local geological conditions that preclude movement of fluid that could endanger freshwater strata or the surface; or(iii) other compelling evidence that the variance will not result in a material increase in the risk of fluid movement into freshwater strata or to the surface.(C) Persons applying for a variance from the area-of-review requirements of subparagraph (A) of this paragraph on the basis of factors set out in subparagraph (B)(ii) or (iii) of this paragraph for an individual well shall provide notice of the application to those persons given notice under the provisions of paragraph (5)(A) of this subsection. The provisions of paragraph (5)(D) and (E) shall apply in the case of an application for a variance from the area-of-review requirements for an individual well.(D) Notice of an application for an areal variance from the area-of-review requirements under subparagraph (A) of this paragraph shall be given on or before the date the application is filed with the commission:(i) by publication once in a newspaper having general circulation in each county, or portion thereof, where the variance would apply. Such notice shall be in a form approved by the commission or its delegate prior to publication and must be at least three inches by five inches in size. The notice shall state that protests to the application may be filed with the commission during the 15-day period following the date of publication. The notice shall appear in a section of the newspaper containing state or local news items;(ii) by mailing or delivering a copy of the application, along with a statement that any protest to the application should be filed with the commission within 15 days of the date of the application is filed with the commission, to the following:(I) the manager of each underground water conservation district(s) in which the variance would apply, if any;(II) the city clerk or other appropriate official of each incorporated city in which the variance would apply, if any;(III) the county clerk of each county in which the variance would apply; and(IV) any other person or persons that the commission or its delegate determine should receive notice of the application.(E) If a protest to an application for an areal variance is made to the commission by an affected person, local government, underground water conservation district, or other state agency within 15 days of receipt of the application or of publication, whichever is later, or if the commission's delegate determines that a hearing on the application is in the public interest, then a hearing will be held on the application after the commission provides notice of the hearing to all local governments, underground water conservation districts, state agencies, or other persons, who express an interest, in writing, in the application. If no protest from an affected person is received by the commission, the commission's delegate may administratively approve the application. If the application is denied administratively, the person(s) filing the application shall have a right to hearing upon request. After hearing, the examiner shall recommend a final action by the commission.(F) An areal variance granted under the provisions of this paragraph may be modified, terminated, or suspended by the commission after notice and opportunity for hearing is provided to each person shown on commission records to operate an oil or gas lease in the area in which the proposed modification, termination, or suspension would apply. If a hearing on a proposal to modify, terminate, or suspend an areal variance is held, any applications filed subsequent to the date notice of hearing is given must include the area-of-review information required under subparagraph (A) of this paragraph pending issuance of a final order.(8) Casing. Disposal wells shall be cased and the casing cemented in compliance with §3.13 of this title (relating to Casing, Cementing, Drilling, and Completion Requirements) in such a manner that the injected fluids will not endanger oil, gas, geothermal resources, or freshwater resources.(9) Special equipment.(A) Tubing and packer. Wells drilled or converted for disposal shall be equipped with tubing set on a mechanical packer. Packers shall be set no higher than 100 feet above the top of the permitted interval. For purposes of this section, the term \"tubing\" refers to a string of pipe through which injection may occur and which is neither wholly nor partially cemented in place. A string of pipe that is wholly or partially cemented in place is considered casing for purposes of this section.(B) Pressure valve. The wellhead shall be equipped with a pressure observation valve on the tubing and for each annulus of the well.(C) Exceptions. The director may grant an exception to any provision of this paragraph upon proof of good cause. If the director denies an exception, the operator shall have a right to a hearing upon request. After hearing, the examiner shall recommend a final action by the commission.(10) Well record. Within 30 days after the completion or conversion of a disposal well, the operator shall file in duplicate in the district office a complete record of the well on the appropriate form which shows the current completion.(11) Monitoring and reporting.(A) The operator shall monitor the injection pressure and injection rate of each disposal well on at least a monthly basis, or on a more frequent basis as required by the commission under conditions described in paragraph (3)(C) of this section.(B) The results of the monitoring shall be reported annually to the commission on the prescribed form, or on a more frequent basis as required by the commission under conditions described in paragraph (3)(C) of this section.(C) All monitoring records shall be retained by the operator for at least five years.(D) The operator shall report to the appropriate District Office within 24 hours any significant pressure changes or other monitoring data indicating the presence of leaks in the well.(12) Testing.(A) Purpose. The mechanical integrity of a disposal well shall be evaluated by conducting pressure tests to determine whether the well tubing, packer, or casing have sufficient mechanical integrity to meet the performance standards of this rule, or by alternative testing methods under subparagraph (E) of this paragraph.(B) Applicability. Mechanical integrity of each disposal well shall be demonstrated in accordance with provisions of subparagraph (D) and subparagraph (E) of this paragraph prior to initial use. In addition, mechanical integrity shall be tested periodically thereafter as described in subparagraph (C) of this paragraph.(C) Frequency.(i) Each disposal well completed with surface casing set and cemented through the entire interval of protected usable-quality water shall be tested for mechanical integrity at least once every five years.(ii) In addition to testing required under clause (i), each disposal well shall be tested for mechanical integrity after every workover of the well.(iii) A disposal well that is completed without surface casing set and cemented through the entire interval of protected usable-quality ground water shall be tested at the frequency prescribed in the disposal well permit.(iv) The commission or its delegate may prescribe a schedule and mail notification to operators to allow for orderly and timely compliance with the requirements in clauses (i) and (ii) of this subparagraph. Such testing schedule shall not apply to a disposal well for which a disposal well permit has been issued but the well has not been drilled or converted to disposal.(D) Pressure tests.(i) Test pressure.(I) The test pressure for wells equipped to dispose through tubing and packer shall equal the maximum authorized injection pressure or 500 psig, whichever is less, but shall be at least 200 psig.(II) The test pressure for wells that are permitted for disposal through casing shall equal the maximum permitted injection pressure or 200 psig, whichever is greater.(ii) Pressure stabilization. The test pressure shall stabilize within 10% of the test pressure required in clause (i) of this subparagraph prior to commencement of the test.(iii) Pressure differential. A pressure differential of at least 200 psig shall be maintained between the test pressure on the tubing-casing annulus and the tubing pressure.(iv) Test duration. A pressure test shall be conducted for a duration of 30 minutes when the test medium is liquid or for 60 minutes when the test medium is air or gas.(v) Pressure recorder. Except for tests witnessed by a commission representative or wells permitted for disposal through casing, a pressure recorder shall be used to monitor and record the tubing-casing annulus pressure during the test. The recorder clock shall not exceed 24 hours. The recorder scale shall be set so that the test pressure is 30 to 70% of full scale, unless otherwise authorized by the commission or its delegate.(vi) Test fluid.(I) The tubing-casing annulus fluid used in a pressure test shall be liquid for wells that inject liquid unless the commission or its delegate authorizes the use of a different test fluid for good cause.(II) The tubing-casing annulus fluid used in a pressure test shall contain no additives that may affect the sensitivity or otherwise reduce the effectiveness of the test.(vii) Pressure test results. The commission or its delegate will consider, in evaluating the results of a test, the level of pollution risk that loss of well integrity would cause. Factors that may be taken into account in assessing pollution risk include injection pressure, frequency of testing and monitoring, and whether there is sufficient surface casing to cover all zones containing usable-quality water. A pressure test may be rejected by the commission or its delegate after consideration of the following factors:(I) the degree of pressure change during the test, if any;(II) the level of risk to usable-quality water if mechanical integrity of the well is lost; and(III) whether circumstances surrounding the administration of the test make the test inconclusive.(E) Alternative testing methods.(i) As an alternative to the testing required in subparagraph (B) of this paragraph, the tubing-casing annulus pressure may be monitored and included on the annual monitoring report required by paragraph (11) of this section, with the authorization of the commission or its delegate and provided that there is no indication of problems with the well. Wells that are approved for tubing-casing annulus monitoring under this paragraph shall be tested in the manner provided under subparagraph (B) of this paragraph at least once every ten years after January 1, 1990.(ii) The commission or its delegate may grant an exception for viable alternative tests or surveys or may require alternative tests or surveys as a permit condition.(F) The operator shall notify the appropriate district office at least 48 hours prior to the testing. Testing shall not commence before the end of the 48-hour period unless authorized by the district office.(G) A complete record of all tests shall be filed in duplicate in the district office on the appropriate form within 30 days after the testing.(H) In the case of permits issued under this section prior to the effective date of this amendment which require pressure testing more frequently than once every five years, the commission's delegate may, by letter of authorization, reduce the required frequency of pressure tests, provided that such tests are required at least once every three years. The commission shall consider the permit to have been amended to require pressure tests at the frequency specified in the letter of authorization.(13) Plugging. Disposal wells shall be plugged upon abandonment in accordance with §3.14 of this title (relating to Plugging).(14) Penalties.(A) Violations of this section may subject the operator to penalties and remedies specified in the Texas Water Code, Chapter 27, and the Natural Resources Code, Title 3.(B) The certificate of compliance for any oil, gas, or geothermal resource well may be revoked in the manner provided in §3.73 of this title (relating to Pipeline Connection; Cancellation of Certification of Compliance; Severance) for violation of this section.", "sourceNote": "Source Note: The provisions of this §3.9 adopted to be effective January 1, 1976; amended to be effective February 23, 1979, 4 TexReg 436; amended to be effective April 1, 1982, 7 TexReg 651; amended to be effective December 4, 1996, 21 TexReg 11361; amended to be effective August 4, 1998, 23 TexReg 7768; amended to be effective December 28, 1999, 24 TexReg 11711; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective July 2, 2012, 37 TexReg 4892; amended to be effective November 17, 2014, 39 TexReg 8988." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223565", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.10", "label": "Restriction of Production of Oil and Gas from Different Strata" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87164", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General prohibition. Oil or gas shall not be produced from different strata through the same string of tubulars except as provided in this section. As used in this section, \"different strata\" means two or more different commission-designated fields, or one or more commission-designated fields and any other hydrocarbon reservoir.(b) Exception. After notice and an opportunity for a hearing, the commission or its delegate may grant an exception to subsection (a) of this section to permit production from a well or wells commingling oil or gas or oil and gas from different strata, if commingled production will prevent waste or promote conservation or protect correlative rights.(c) Notice of Application for Exception.(1) Timing of Notice.(A) The applicant shall give notice of each request for an exception by serving a copy of the application to commingle production on all affected operators at the same time the application is filed with the commission.(B) Service shall be accomplished by delivering a copy of the application to the operator to be served, or to the operator's duly authorized representative, in person, by agent, by courier receipted delivery, by first class mail to the operator's mailing address as shown on the operator's most recently filed Form P-5 (Organization Report) or the most recently filed letter notification of change of address, or by such other manner as the commission may direct.(2) Operators Presumptively Affected By Application.(A) An initial exception to commingle production exclusively from different commission-designated fields is presumed to affect all operators in each of the commission-designated fields proposed to be produced through the same string of tubulars.(B) An initial exception to commingle production from a commission-designated field with production from one or more hydrocarbon reservoirs that have not been designated by the commission as a field is presumed to affect all operators in each of the different commission-designated fields proposed to be produced through the same string of tubulars and all operators of adjacent tracts, and of tracts nearer to the well for which a commingling exception is sought than the longest applicable minimum lease-line distance.(C) An exception to commingle production exclusively from the same commission-designated fields for which an initial commingling application has previously been granted is presumed to affect all operators of adjacent tracts, and of tracts nearer to the well for which a subsequent commingling exception is sought than the longest applicable minimum lease-line distance, who have a well completed in one or more of the commission-designated fields for which commingling is sought.(D) An exception to commingle production from a commission-designated field and one or more hydrocarbon reservoirs in specified correlative intervals that have not been designated by the commission as fields, for which an initial commingling exception involving the same fields and hydrocarbon reservoirs has previously been granted, is presumed to affect all operators of adjacent tracts, and of tracts nearer to the well for which a commingling exception is sought than the longest applicable minimum lease-line distance.(3) Notice Required Only to Affected Operators.(A) Except as provided in subparagraph (B) of this paragraph, all operators described in paragraph (2)(A)-(D) of this subsection are affected by a requested exception to allow commingling and the applicant shall give each of them notice of the application as provided in paragraph (1)(A) of this subsection.(B) The commission or its delegate may determine that an operator described in paragraph (2)(A)-(D) will be unaffected by a requested exception to allow commingling. This determination shall be made only upon the applicant's written request and provision to the commission of competent geological or engineering data establishing conclusively that commingling production as requested by the applicant will not physically interfere with the production of hydrocarbons by the operator for which an unaffected determination is requested. An applicant for an exception to allow commingling is not required to give notice of the application to an operator who has been determined to be unaffected as provided in this subparagraph.(d) Commingled production. Commingled production of gas from different strata pursuant to subsection (b) of this section shall be considered production from a common source of supply for purposes of proration and allocation.", "sourceNote": "Source Note: The provisions of this §3.10 adopted to be effective January 1, 1976; amended to be effective February 23, 1979, 4 TexReg 436; amended to be effective September 12, 1979, 4 TexReg 3082; amended to be effective May 14, 1996, 21 TexReg 3791." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87164", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.11", "label": "Inclination and Directional Surveys Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224060", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. All wells shall be drilled as nearly vertical as possible by normal, prudent, practical drilling operations. Nothing in this section shall be construed to permit the drilling of any well in such a manner that the wellbore crosses lease and/or property lines (or unit lines in cases of pooling) without special permission.(b) Inclination surveys.(1) Requirements.(A) An inclination survey made by persons or concerns approved by the commission shall be filed on a form prescribed by the commission for each well drilled or deepened with rotary tools, except as hereinafter provided, or when, as a result of any operation, the course of the well is changed. The first shot point of such inclination survey shall be made at a depth not greater than 500 feet below the surface of the ground, and succeeding shot points shall be made either at 500-foot intervals or at the nearest drill bit change thereto, but not to exceed 1,000 feet apart.(B) Inclination surveys conforming to these requirements may be made either during the normal course of drilling or after the well has reached total depth. Acceptable directional surveys may be filed in lieu of inclination surveys.(C) Copies of all directional or inclination surveys, regardless of the reason for which they are run, shall be filed as a part of or in addition to the inclination surveys otherwise required by this section. If computations are made from dipmeter surveys to determine the course of the wellbore in any portion of the surveyed interval, a report of such computations shall be required.(D) Inclination surveys shall not be required in any well drilled to a total depth of 2,000 feet or less on a regular location at least 150 feet from the nearest lease line, provided the well is not intentionally deviated from the vertical in any manner whatsoever.(E) Inclination surveys shall not be required on wells deepened with rotary tools if the well is deepened no more than 300 feet or the distance from the surface location to the nearest lease or boundary line, whichever is the lesser, and provided that the well was not intentionally deviated from the vertical at any time before or after the beginning of deepening operations.(F) Inclination surveys will not be required on wells that are drilled and completed as dry holes and are permanently plugged and abandoned. If such wells are reentered at a later date and completed as producers or injection or disposal wells, inclination reports will be required and must be filed with the appropriate completion form for the well.(G) Inclination survey filings will not be required on wells that are reentries within casing of previously producing wells if inclination data are already on file with the Railroad Commission of Texas (commission). If such data are not on file with the commission, the results of an inclination survey must be reported on the appropriate form and filed with the completion form, except as provided by subparagraph (D) of this paragraph.(2) Reports.(A) The report form shall be signed and certified by a party having personal knowledge of the facts therein contained. The report shall include a tabulation of the maximum drifts which could occur between the surface and the first shot point, and each two successive shot points, assuming that all of the unsurveyed hole between any two shot points has the same inclination as that measured at the lowest shot point, and the total possible accumulative drift, assuming that all measured angles of inclination are in the same direction.(B) In addition, the report shall be accompanied by a certified statement of the operator, or of someone acting at his direction on his behalf, either:(i) that the well was not intentionally deviated from vertical; or(ii) that the well was deviated at random, with an explanation of the circumstances.(C) The report shall be filed in the district office by attaching one copy to each appropriate completion form for the well.(D) The commission may require the submittal of the original charts, graphs, or discs resulting from the surveys.(c) Directional surveys.(1) When required.(A) When the maximum displacement indicated by an inclination survey is greater than the actual distance from the surface location to the nearest lease line or pooled unit boundary, it will be considered to be a violating well subject to plugging and to penalty action. However, an operator may submit a directional survey, run at his own expense by a commission approved surveying company, to show the true bottom hole location of the well to be within the prescribed limits. When such directional survey shows the well to be bottomed within the confines of the lease, but nearer to a well or lease line or pooled unit boundary than allowed by applicable rules, or by the permit for the well if the well has been granted an exception to §3.37 of this title (relating to Statewide Spacing Rule), a new permit will be required if it is established that the bottom hole location or completion location is not a reasonable location.(B) Directional surveys shall be required on each well drilled under the directional deviation provisions of this section.(C) No oil, gas, or geothermal resource allowable shall be assigned any well on which a directional survey is required under any provision of this section until a directional survey has been filed with and accepted by the commission.(2) Filing and type of survey.(A) Directional surveys required under this section must be run by competent surveying companies, approved by the commission, signed and certified by a person having actual knowledge of the facts, in the manner prescribed by the commission in accordance with §3.12 of this title (relating to Directional Survey Company Report).(B) All directional surveys, unless otherwise specified by the commission, shall be either single shot surveys or multi-shot surveys with the shot points not more than 200 feet apart, beginning within 200 feet of the surface, and the bottom hole location must be oriented both to the surface location and to the lease lines (or unit lines in cases of pooling).(C) If more than 200 feet of surface casing has been run, the operator may begin the directional survey immediately below the surface casing depth. However, if such method is used, the inclination drifts from the surface of the ground to the surface casing depth must be added cumulatively and reported on the appropriate form. This total shall be assumed to be in the direction least favorable to the operator, and such point shall be considered the starting point of the directional survey.(d) Intentional deviation of wells.(1) Definitions.(A) Directional deviation--The intentional deviation of a well from vertical in a predetermined compass direction.(B) Random deviation--The intentional deviation of a well without regard to compass direction for one of the following reasons:(i) to straighten a hole which has become crooked in the normal course of drilling;(ii) to sidetrack a portion of a hole because of mechanical difficulty in drilling.(2) When permitted.(A) Directional deviation. A permit for directionally deviating a well may be granted by the commission:(i) for the purpose of seeking to reach and control another well which is out of control or threatens to evade control;(ii) where conditions on the surface of the ground prevent or unduly complicate the drilling of a well at a regular location;(iii) where conditions are encountered underground which prevent or unduly hinder the normal completion of the well;(iv) where it can be shown to be advantageous from the standpoint of mechanical operation to drill more than one well from the same surface location to reach the productive horizon at essentially the same positions as would be reached if the several wells were normally drilled from regular locations prescribed by the well spacing rules in effect;(v) for the purpose of drilling a horizontal drainhole; or(vi) for other reasons found by the commission to be sufficient after notice and hearing.(B) Random deviation. Permission for the random deviation of a well may be granted by the commission whenever the necessity for such deviation is shown, as prescribed in paragraph (3)(C) of this subsection.(3) Applications for deviation.(A) Applications for wells to be directionally deviated must specify on the application to drill both the surface location of the well and the projected bottom hole location of the well. On the plat, in addition to the plat requirements provided for in §3.5 of this title (relating to Application to Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5), the following shall be included:(i) two perpendicular lines providing the distance in feet from the projected bottomhole location, rather than the surface location, to the nearest points on the lease, pooled unit, or unitized tract line. If there is an unleased interest in a tract of the pooled unit or unitized tract that is nearer than the pooled unit or unitized tract line, the nearest point on that unleased tract boundary shall be used;(ii) a line providing the distance in feet from the projected bottomhole location to the nearest point on the lease line, pooled unit line, or unitized tract line. If there is an unleased interest in a tract of the pooled unit that is nearer than the pooled unit line, the nearest point on that unleased tract boundary shall be used;(iii) a line providing the distance in feet from the projected bottomhole location, rather than the surface location, to the nearest oil, gas, or oil and gas well, identified by number, applied for, permitted, or completed in the same lease, pooled unit, or unitized tract and in the same field and reservoir; and(iv) perpendicular lines providing the distance in feet from the two nearest non-parallel survey/section lines to the projected bottomhole location.(B) If the necessity for directional deviation arises unexpectedly after drilling has begun, the operator shall give written notice by letter or telegram of such necessity to the appropriate district office and to the commission office in Austin, and upon giving such notice, the operator may proceed with the directional deviation. The commission may, at its discretion, accept written notice electronically transmitted. If the operator proceeds with the drilling of a deviated well under such circumstances, he proceeds at his own risk. Before any allowable shall be assigned to such well, a permit for the subsurface location of each completion interval shall be obtained from the commission under the provisions set out in the commission rules. However, should the operator fail to show good and sufficient cause for such deviation, no permit will be granted for the well.(C) If the necessity for random deviation arises unexpectedly after the drilling has begun, the operator shall give written notice by letter or telegram of such necessity to the appropriate district office and to the commission office in Austin, and, upon giving such notice, the operator may proceed with the random deviation, subject to compliance with the provisions of this section on inclination surveys. The commission may, at its discretion, accept written notice electronically transmitted.(e) Surveys on request of other operators. The commission, at the written request of any operator in a field, shall determine whether a directional survey, an inclination survey, or any other type of survey approved by the commission for the purpose of determining bottom hole location of wells, shall be made in regard to a well complained of in the same field.(1) The complaining party must show probable cause to suspect that the well complained of is not bottomed within its own lease lines.(2) The complaining party must agree to pay all costs and expenses of such survey, shall assume all liability, and shall be required to post bond in a sufficient sum as determined by the commission as security against all costs and risks associated with the survey.(3) The complaining party and the commission shall agree upon the selection of the well surveying company to conduct the survey, which shall be a surveying company on the commission's approved list.(4) The survey shall be witnessed by the commission, and may be witnessed by any party, or his agent, who has an interest in the field.(5) Nothing in these rules shall be construed to prevent or limit the commission, acting on its own authority, from conducting spot checks and surveys at any time and place for the purpose of determining compliance with the commission rules and regulations.(f) Penalties.(1) False reports. The filing of a false or incorrect directional survey shall be grounds for cancellation of the well permit, for pipeline severance of the lease on which the well is located, for penalty action under the applicable statutes, and/or for such other and further action as may be appropriate.(2) Other. The same penalties and actions as set forth in paragraph (1) of this subsection shall be assessable against any operator who refuses to comply with a commission order which issues under subsection (e) of this section.", "sourceNote": "Source Note: The provisions of this §3.11 adopted to be effective January 1, 1976; amended to be effective July 4, 1979, 4 TexReg 2197; amended to be effective March 10, 1986, 11 TexReg 901; amended to be effective May 23, 1990, 15 TexReg 2634; amended to be effective June 11, 2001, 26 TexReg 4088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224060", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.12", "label": "Directional Survey Company Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224061", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each well drilled for oil, gas, brine, or geothermal resources for which a directional survey report is required by rule, regulation, or order, the surveying company shall prepare and file the following information. The information shall be certified by the person having personal knowledge of the facts, by execution and dating of the data compiled:(1) the name of the surveying company;(2) the name of the individual performing the survey for the surveying company;(3) the title or position the individual holds with the surveying company;(4) the date on which the individual performed the survey;(5) the type of survey conducted and whether the survey was multishot;(6) a complete identification of the well, including the name of the operator of the well; the fee owner; the commission lease number, if assigned; the well number; the API number, and the drilling permit number, the land survey; the field name; and the county and state; and(7) a notation that the survey was conducted from a depth of ____ feet to ____ feet.(b) Each directional survey, with its accompanying certification and a certified plat on which the bottom hole location is oriented both to the surface location and to the lease lines (or unit lines in case of pooling) shall be mailed by registered, certified, or overnight mail direct to the commission in Austin by the surveying company making the survey. The surveying company may file electronically if the Commission has provided for such filing.", "sourceNote": "Source Note: The provisions of this §3.12 adopted to be\r\neffective January 1, 1976; amended to be effective August 25, 2003,\r\n28 TexReg 6816; amended to be effective October 27, 2008, 33 TexReg\r\n8785; amended to be effective February 18, 2025, 50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224061", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.13", "label": "Casing, Cementing, Drilling, Well Control, and Completion Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223566", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. Operators shall comply with this section for any wells that will be spudded on or after January 1, 2014.(1) Intent. The operator is responsible for compliance with this section during all operations at the well. It is the intent of all provisions of this section that casing be securely anchored in the hole in order to effectively control the well at all times, all usable-quality water zones be isolated and sealed off to effectively prevent contamination or harm, and all productive zones, potential flow zones, and zones with corrosive formation fluids be isolated and sealed off to prevent vertical migration of fluids, including gases, behind the casing. When the section does not detail specific methods to achieve these objectives, the responsible party shall make every effort to follow the intent of the section, using good engineering practices and the best currently available technology. In accordance with §3.17 of this title (relating to Pressure on Bradenhead), operators must notify the Commission of bradenhead pressure. The Commission will evaluate notices of bradenhead pressure on a case-by-case basis to determine further action and will provide guidance to assist operators in wellbore evaluation.(2) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (A) Stand under pressure--To leave the hydrostatic column pressure in the well acting as the natural force without adding any external pump pressure. The provisions are complied with if a float collar and/or float shoe is used and found to be holding at the completion of the cement job.(B) Zone of critical cement--(i) For surface casing strings, the bottom 20% of the casing string, but no more than 1,000 feet nor less than 300 feet. The zone of critical cement extends to the land surface for surface casing strings of 300 feet or less.(ii) For intermediate or production casing strings, the bottom 20% of the casing string or 300 vertical feet above the casing shoe or top of the highest proposed productive zone, whichever is less.(C) Protection depth--Depth to which usable-quality water must be protected, as determined by the Groundwater Advisory Unit of the Oil and Gas Division, which may include zones that contain brackish or saltwater if such zones are correlative and/or hydrologically connected to zones that contain usable-quality water.(D) Productive zone--Any stratum known to contain oil, gas, brine, or geothermal resources in commercial quantities in the area.(E) Gas/oil contact zone--A zone in an oil well in which natural gas, commonly known as gas cap gas, overlies and is in contact with crude oil in a reservoir.(F) Bay well--Any well under the jurisdiction of the Commission as defined in §3.78(a)(5) of this chapter.(G) Deputy director of Field Operations--The deputy director of Field Operations of the Oil and Gas Division or the deputy director's delegate.(H) Director--The director of the Oil and Gas Division of the Railroad Commission of Texas or the director's delegate.(I) District director--The Director of a Railroad Commission district office or the district director's delegate.(J) Hydraulic fracturing treatment--A completion process involving treatment of a well by the application of hydraulic fracturing fluid under pressure for the express purpose of initiating or propagating fractures in a target geologic formation to enhance production of oil and/or natural gas. The term does not include acid treatment, perforation, or other non-fracture treatment completion activities.(K) Land well--Any well subject to Commission jurisdiction as defined in §3.78(a)(6) of this chapter.(L) Minimum separation well--A well in which hydraulic fracturing treatments will be conducted and for which:(i) the vertical distance between the base of usable quality water and the top of the formation to be stimulated is less than 1,000 vertical feet;(ii) the director has determined contains inadequate separation between the base of usable quality water and the top of the formation in which hydraulic fracturing treatments will be conducted; or(iii) the director has determined is in a structurally complex geologic setting.(M) Offshore well--Any well subject to Commission jurisdiction as defined by §3.78(a)(7).(N) Potential flow zone--A zone designated by the director or identified by the operator using available data that needs to be isolated to prevent sustained pressurization of the surface casing/intermediate casing or production casing annulus sufficient to cause damage to casing and/or cement in a well such that it presents a threat to subsurface water or oil, gas, or geothermal resources. The Commission will maintain a list of known zones by district and county that are considered potential flow zones and make this information available to all operators. The Commission will revise this list as necessary based on information provided, or otherwise made available, to the Commission.(O) Zone with corrosive formation fluids--Any zone designated by the director or identified by the operator using available data containing formation fluids that are capable of negatively impacting the integrity of casing and/or cement or have a demonstrated trend of failure for similar casing and cement design in the field. The Commission will maintain a list of known zones by district and county that are considered zones with corrosive formation fluids, and make this information available to all operators. The Commission will revise this list as necessary based on information provided, or otherwise made available, to the Commission.(P) Usable quality water--Water as defined in §3.30(e)(7)(B)(i) of this title (relating to Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Commission on Environmental Quality (TCEQ)).(3) Wellbore diameters.(A) The diameter of the wellbore in which surface casing will be set and cemented shall be at least one and one-half (1.50) inches greater than the nominal outside diameter of casing to be installed, unless otherwise approved by the district director.(B) For subsequent casing strings, the diameter of each section of the wellbore for which casing will be set and cemented shall be at least one (1) inch greater than the nominal outside diameter of the casing to be installed, unless otherwise approved by the district director. The district director may grant such approvals on an area basis.(C) The casing diameter requirements in subparagraphs (A) and (B) of this paragraph do not apply to reentries, liners, and expandable casing.(D) All float equipment, centralizers, packers, cement baskets, and all other equipment run into the wellbore on casing shall be consistent with the manufacturer's recommendations.(4) Casing and cementing.(A) All casing cemented in any well shall be steel casing that has been hydrostatically pressure tested with an applied pressure at least equal to the maximum pressure to which the pipe will be subjected in the well. For new pipe, the mill test pressure may be used to fulfill this requirement. As an alternative to hydrostatic testing, a casing evaluation tool may be employed. Casing meeting the performance standards set forth in API Specification 5CT: Specification for Casing and Tubing (or a Commission-approved equivalent standard) shall be used through the protection depth.(B) The base cement shall meet the standards set forth in API Specification 10A: Specification for Cement and Material for Well Cementing or the American Society for Testing and Materials (ASTM) Specification C150/C150M, Standard Specification for Portland Cement (or a Commission-approved equivalent standard).(C) Casing shall be cemented across and above all formations permitted for injection under §3.9 of this title (relating to Disposal Wells) at the time the well is completed, or cemented immediately above all formations permitted for injection under §3.46 of this title (relating to Fluid Injection into Productive Reservoirs) at the time the well is completed, in a well within one-quarter mile of the proposed well location, as follows:(i) if the top of cement is determined through calculation, at least 600 feet (measured depth) above the permitted formations;(ii) if the top of cement is determined through the performance of a temperature survey conducted immediately after cementing, 250 feet (measured depth) above the permitted formations;(iii) if the top of cement is determined through the performance of a cement evaluation log, 100 feet (measured depth) above the permitted formations;(iv) at least 200 feet into the previous casing shoe (or to surface if the shoe is less than 200 feet from the surface); or(v) as otherwise approved by the district director.(D) Casing shall be cemented across and above all productive zones, potential flow zones, and/or zones with corrosive formation fluids, as follows:(i) if the top of cement is determined through calculation, across and extending at least 600 feet (measured depth) above the zones;(ii) if the top of cement is determined through the performance of a temperature survey, across and extending 250 feet (measured depth) above the zones;(iii) if the top of cement is determined through the performance of a cement evaluation log, across and extending 100 feet (measured depth) above the zones;(iv) across and extending at least 200 feet into the previous casing shoe (or to the surface if the shoe is less than 200 feet from the surface); or(v) as otherwise approved by the district director.(E) Where necessary, the cement slurry shall be designed to control annular gas migration consistent with, or equivalent to, the standards in API Standard 65-Part 2: Isolating Potential Flow Zones During Well Construction.(5) Casing testing before drillout. For surface and intermediate strings of casing, before drilling the cement plug, the operator shall test the casing at a pump pressure in pounds per square inch (psi) calculated by multiplying the length of the true vertical depth in feet of the casing string by a factor of 0.5 psi per foot. The maximum test pressure required, however, unless otherwise ordered by the Commission, need not exceed 1,500 psi. If, at the end of 30 minutes, the pressure shows a drop of 10% or more from the original test pressure, the casing shall be condemned until the leak is corrected. A pressure test demonstrating less than a 10% pressure drop after 30 minutes constitutes confirmation that the condition has been corrected. The operator shall notify the district director of a failed test. In the event of a pressure test failure, completion operations may not re-commence until the district director approves a remediation plan, the operator successfully implements the plan, and the operator conducts a successful pressure test.(6) Well control.(A) Wellhead assemblies. After setting the conductor pipe on offshore wells or surface casing on land or bay wells, wellhead assemblies shall be used on wells to maintain surface control of the well at all times. Each component of the wellhead shall have a pressure rating equal to or greater than the anticipated pressure to which that particular component might be exposed during the course of drilling, testing, or producing the well. (B) Well control equipment.(i) An operator shall install a blowout preventer system or control head and other connections to keep the well under control at all times as soon as surface casing is set. When conductor casing is set and/or shallow gas is anticipated to be encountered, operators shall install a diverter system on the conductor casing. For bay and offshore wells, at a minimum, such systems shall include a double ram blowout preventer, including pipe and blind rams, an annular-type blowout preventer or other equivalent control system, and a shear ram. (ii) For wells in areas with hydrogen sulfide, the operator shall comply with §3.36 of this title (relating to Oil, Gas, Brine, or Geothermal Resource Operation in Hydrogen Sulfide Areas).(iii) Ram type blowout prevention equipment shall have a rated working pressure that equals or exceeds the maximum anticipated surface pressure of the well. Blowout preventer rams shall be of a proper size for the drill pipe being used or production casing being run in the well or shall be variable-type rams that are in the appropriate size range. Alternatively, an annular preventer may be used in lieu of casing/pipe rams or variable bore rams when running production casing provided the expected shut-in surface pressures would not exceed the tested pressure rating of the annular preventer.(iv) Operators shall install a drill pipe safety valve to prevent backflow of water, oil, gas, or other formation fluids into the drill string.(v) Operators shall install a choke line of sufficient size and working pressure.(vi) When using a Kelly rig during drilling, the well shall be fitted with an upper Kelly cock in proper working order to close in the drill string below hose and swivel, when necessary for well control. A lower Kelly safety valve shall be installed so that it can be run through the blowout preventer. When needed for well control, the operator shall maintain at all times on the rig floor safety valves to include:(I) full-opening safety valve; and(II) inside blowout preventer valve with wrenches, handling tools, and necessary subs for all drilling pipe sizes in use.(vii) All control equipment shall be consistent with API Standard 53: Recommended Practices for Blowout Prevention Equipment Systems for Drilling Wells. Control equipment shall be certified in accordance with API Standard 53 as operable under the product manufacturer's minimum operational specifications. Certification shall include the proper operation of the closing unit valving, the pressure gauges, and the manufacturer's recommended accumulator fluids. Certification shall be obtained through an independent company that tests blowout preventers, stacks and casings. Certification shall be performed every five (5) years and the proof of certification shall be made available upon request of the Commission.(viii) All well control equipment shall be in good working condition at all times. All outlets, fittings, and connections on the casing, blowout preventers, choke manifold, and auxiliary wellhead equipment that may be subjected to wellhead pressure shall be of a material and construction to withstand or exceed the anticipated pressure. The lines from outlets on or below the blowout preventers shall be securely installed, anchored, and protected from damage.(ix) In addition to the primary closing system, including an accumulator system, the blowout preventers shall have a secondary location for closure.(x) Testing of blowout prevention equipment.(I) Ram type blowout prevention equipment shall be tested to at least the maximum anticipated surface pressure of the well, but not less than 1,500 psi, before drilling the plug on the surface casing.(II) Blowout prevention equipment shall be tested upon installation, after the disconnection or repair of any pressure containment seal in the blowout preventer stack, choke line, or choke manifold, limited to the affected component, with testing to occur at least every 21 days. When requested, the district director shall be notified before the commencement of a test.(III) A record of each test, including test pressures, times, failures, and each mechanical test of the casings, blowout preventers, surface connections, surface fittings, and auxiliary wellhead equipment shall be entered in the logbook, signed by the person responsible for the test, and made available for inspection by the Commission upon request.(C) Drilling fluid program.(i) The characteristics, use, and testing of drilling fluid and conduct of related drilling procedures shall be designed to prevent the blowout of any well. Adequate supplies of drilling fluid of sufficient weight and other acceptable characteristics shall be maintained. Drilling fluid tests shall be performed as needed to ensure well control. Adequate drilling fluid testing equipment shall be kept on the drilling location at all times. Sufficient drilling fluid shall be pumped and maintained to ensure well control at all times, including when pulling drill pipe. Mud pit levels shall be visually or mechanically monitored during the drilling process. Mud-gas separation equipment shall be installed and operated as needed when abnormally pressured gas-bearing formations may be encountered. The Commission shall have access to the drilling fluid records and shall be allowed to conduct any essential tests on the drilling fluid used in the drilling or recompletion of a well. When the conditions and tests indicate a need for a change in the drilling fluid program in order to insure control of the well, the operator shall use due diligence in modifying the program.(ii) Wells drilled with air shall maintain well control using blowout preventer systems and/or diverter systems.(iii) All hole intervals drilled prior to reaching the base of protected water shall be drilled with air, fresh water or a fresh water based drilling fluid. No oil-based drilling fluid may be used until casing has been set and cemented to the protection depth.(D) Diverter systems for bay and offshore wells. Any bay or offshore well that is drilled to and/or through formations where the expected reservoir pressure exceeds the hydrostatic pressure of the drilling fluid column shall be equipped to divert any wellbore fluids away from the rig floor. When the diverter system is installed, the diverter components including the sealing element, diverter valves, control systems, stations and vent lines shall be function and pressure tested. For drilling operations with a surface wellhead configuration, the system shall be function tested at least once every 24-hour period after the initial test. After all connections have been made on the surface casing or conductor casing, the diverter sealing element and diverter valves shall be pressure tested to a minimum of 200 psig. Subsequent pressure tests shall be conducted within seven days after the previous test. All diverter systems shall be maintained in working condition. No operator shall continue drilling operations if a test or other information indicates that the diverter system is unable to function or operate as designed.(E) Casinghead.(i) Requirements. All land and bay wells shall be equipped with casingheads of sufficient rated working pressure, with adequate connections and valves accessible at the surface, to allow pumping of fluid between any two strings of casing at the surface.(ii) Casinghead test procedure. Any well showing sustained pressure on the casinghead, or leaking gas or oil between the surface casing and the next casing string, shall be tested in the following manner. The well shall be killed with water or mud and pump pressure applied. The casing shall be condemned if the pressure gauge on the casinghead reflects the applied pressure. After completing corrective measures, the casing shall be tested in the same manner. This method shall be used when the origin of the pressure cannot otherwise be determined.(F) Christmas tree.(i) All completed non-pumping wells shall be equipped with Christmas tree fittings and wellhead connections with a rated working pressure equal to, or greater than, the surface shut-in pressure of the well. The tubing shall be equipped with a master valve, but two master valves shall be used on all wells with surface pressures in excess of 5,000 psi. All wellhead connections shall be assembled and tested prior to installation by a fluid pressure equal to the test pressure of the fitting employed.(ii) The Christmas tree for completed bay and offshore wells shall be equipped with either two master valves, one master valve and one wing valve, or two wing valves. All bay and offshore wells shall have at least five feet of spacing between the bottom of the Christmas tree and the surface of the water at high tide, where applicable. Any newly completed bay and offshore well or existing well on which the Christmas tree is being replaced shall be equipped with a back pressure valve wellhead profile at the flange where the tubing hangs on the Christmas tree.(G) Storm choke and safety valve.(i) Bay and offshore wells shall be equipped with a storm choke and/or safety valve installed in the tubing.(ii) An operator may request approval to use a surface safety valve in lieu of a subsurface safety valve by filing with the appropriate district director a written request for such approval providing all pertinent information to support the exception.(iii) The depth and type of the safety valve shall be reported in the \"remarks\" section of the appropriate completion report form required by §3.16 of this title (relating to Log and Completion or Plugging Report), after the well is completed or recompleted.(7) Additional requirements for wells on which hydraulic fracturing treatments will be conducted.(A) All casing strings or fracture tubing installed in a well that will be subjected to hydraulic fracturing treatments shall have a minimum internal yield pressure rating of at least 1.10 times the maximum pressure to which the casing strings or fracture tubing may be subjected.(B) The operator shall pressure test the casing (or fracture tubing) on which the pressure will be exerted during hydraulic fracturing treatments to at least the maximum pressure allowed by the completion method. Casing strings that include a pressure actuated valve or sleeve shall be tested to 80 percent of actuation pressure for a minimum time period of five (5) minutes. A surface pressure loss of greater than 10 percent of the initial test pressure is considered a failed test. The casing required to be pressure tested shall be from the wellhead to at least the depth of the top of cement behind the casing being tested. The district director shall be notified of a failed test within 24 hours of completion of the test. In the event of a pressure test failure, no hydraulic fracturing treatment may be conducted until the district director has approved a remediation plan, and the operator has implemented the approved remediation plan and successfully re-tested the casing (or fracture tubing).(C) During hydraulic fracturing treatment operations, the operator shall monitor all annuli. The operator shall immediately suspend hydraulic fracturing treatment operations if the pressures deviates above those anticipated increases caused by pressure or thermal transfer and shall notify the appropriate district director within 24 hours of such deviation. Further completion operations, including hydraulic fracturing treatment operations, may not recommence until the district director approves a remediation plan and the operator successfully implements the approved plan.(D) The following conditions also apply if the well is a minimum separation well, unless otherwise approved by the director:(i) Cementing of the production casing in a minimum separation well shall be by the pump and plug method. The production casing shall be cemented from the shoe up to a point at least 200 feet (measured depth) above the shoe of the next shallower casing string that was set and cemented in the well (or to surface if the shoe is less than 200 feet from the surface).(ii) The operator shall pressure test the casing string on which the pressure will be exerted during stimulation to the maximum pressure that will be exerted during hydraulic fracturing treatment. The operator shall notify the district director within 24 hours of a failed test. No hydraulic fracturing treatment may be conducted until the district director has approved a remediation plan, and the operator has implemented the approved remediation plan and successfully re-tested the casing (or fracture tubing).(iii) The production casing for any minimum separation well shall not be disturbed for a minimum of eight hours after cement is in place and casing is hung-off, and in no case shall the casing be disturbed until the cement has reached a minimum compressive strength of 500 psi.(iv) In addition to conducting an evaluation of cementing records and annular pressure monitoring results, the operator of a minimum separation well shall run a cement evaluation tool to assess radial cement integrity and placement behind the production casing. If the cement evaluation indicates insufficient isolation, completion operations may not re-commence until the district director approves a remediation plan and the operator successfully implements the approved plan.(v) The operator of a minimum separation well may request from the appropriate district director approval of an exemption from the requirement to run a cement evaluation tool. Such request shall include information demonstrating that the operator has:(I) successfully set, cemented, and tested the casing for which the exemption is requested in at least five minimum separation wells by the same operator in the same operating field;(II) obtained cement evaluation tool logs that support the findings of cementing records, annular pressure monitoring results or other tests demonstrating that successful cement placement was achieved to isolate productive zones, potential flow zones, and/or zones with corrosive formation fluids; and(III) shown that the well for which the exemption is requested will be constructed and cemented using the same or similar techniques, methods, and cement formulation used in the five wells that have had successful cement jobs.(8) Pipeline shut-off valves for bay and offshore wells. All bay and offshore gathering pipelines designed to transport oil, gas, condensate, or other oil or geothermal resource field fluids from a well or platform shall be equipped with automatically controlled shut-off valves at critical points in the pipeline system. Other safety equipment shall be in full working order as a safeguard against spillage from pipeline ruptures.(9) Training for bay and offshore wells. All tool pushers, drilling superintendents, and operators' representatives (when the operator is in control of the drilling) shall be required to, upon request, furnish certification of satisfactory completion of an American Petroleum Institute (API) training program, an International Association of Drilling Contractors (IADC) training program, or other equivalent nationally recognized training program on well control equipment and procedures. The certification shall be renewed every two years by attending an API- or IADC-approved refresher course or a refresher course approved by the equivalent nationally recognized training program.(10) Bottom-hole pressure surveys. The Commission may require bottom-hole pressure surveys of the various fields at such times as determined to be necessary. However, operators shall be required to take bottom-hole pressures only in those wells that are not likely to suffer damaging effects from the survey. Tubing and tubingheads shall be free from obstructions in wells used for bottom-hole pressure test purposes.(b) Casing and cementing requirements for land wells and bay wells.(1) Surface casing requirements for land wells and bay wells.(A) Any proposal to set surface casing to a depth of 3,500 feet or greater shall require prior approval of the appropriate district director. A request for such approval shall be in writing and shall specify how the operator plans to maintain well control during drilling, and ensure successful circulation and adequate bonding of cement, and, if necessary, prevent upward migration of deeper formation fluids into protected water. The district director may grant approvals on an area basis.(B) Amount required.(i) An operator shall set and cement sufficient surface casing to protect all usable-quality water strata, as defined by the Groundwater Advisory Unit of the Oil and Gas Division. Unless surface casing requirements are specified in field rules approved prior to the effective date of this rule, before drilling any well, an operator shall obtain a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the protection depth. In no case, however, is surface casing to be set deeper than 200 feet below the specified depth without prior approval from the district director. The district director may grant such approval on an area basis.(ii) Any well drilled to a total depth of 1,000 feet or less below the ground surface may be drilled without setting surface casing provided no shallow gas sands or abnormally high pressures are known to exist at depths shallower than 1,000 feet below the ground surface; and further, provided that production casing is cemented from the shoe to the ground surface by the pump and plug method.(C) Cementing. Cementing shall be by the pump and plug method. Sufficient cement shall be used to fill the annular space outside the casing from the shoe to the ground surface or to the bottom of the cellar. If cement does not circulate to ground surface or the bottom of the cellar, the operator or the operator's representative shall obtain the approval of the district director for the procedures to be used to perform additional cementing operations, if needed, to cement surface casing from the top of the cement to the ground surface.(D) Cement quality.(i) Surface casing strings must be allowed to stand under pressure until the cement has reached a compressive strength of at least 500 psi in the zone of critical cement before drilling plug or initiating a test. The cement mixture in the zone of critical cement shall have a 72-hour compressive strength of at least 1,200 psi.(ii) An operator may use cement with volume extenders above the zone of critical cement to cement the casing from that point to the ground surface, but in no case shall the cement have a compressive strength of less than 100 psi at the time of drill out nor less than 250 psi 24 hours after being placed.(iii) In addition to the minimum compressive strength of the cement, the free water content shall be minimized to the greatest extent practicable in the cement slurry to be used in the zone of critical cement. In no event shall the free water separation average more than two milliliters per 250 milliliters of cement tested in accordance with the current API RP 10B-2: Recommended Practice for Testing Well Cements, inside the zone of critical cement, or more than six milliliters per 250 milliliters of cement tested outside the zone of critical cement.(iv) The Commission may require a better quality of cement mixture to be used in any well or any area if conditions indicate that a better quality of cement is necessary to prevent pollution, isolate productive zones, potential flow zones, or zones with corrosive formation fluids or prevent a safety issue in the well.(E) Compressive strength tests. Cement mixtures for which published performance data are not available must be tested by the operator or service company. Tests shall be made on representative samples of the basic mixture of cement and additives used, using distilled water or potable tap water for preparing the slurry. The tests must be conducted using the equipment and procedures in, or equipment and procedures equivalent to those in, API RP 10B-2, Recommended Practice for Testing Well Cements. Test data showing competency of a proposed cement mixture to meet the above requirements must be furnished to the Commission prior to the cementing operation. To determine that the minimum compressive strength has been obtained, operators shall use the typical performance data for the particular cement used in the well (containing all the additives, including any accelerators used in the slurry) at the following temperatures and at atmospheric pressure.(i) For the cement in the zone of critical cement, the test temperature shall be within 10 degrees Fahrenheit of the formation equilibrium temperature at the top of the zone of critical cement.(ii) For the filler cement, the test temperature shall be the temperature found 100 feet below the ground surface level, or 60 degrees Fahrenheit, whichever is greater.(F) Cementing report. Within 30 days of completion of the well, or within 90 days of cessation of drilling operations, whichever is earlier, a cementing report must be filed with the Commission furnishing complete data concerning the cementing of surface casing in the well as specified on a form furnished by the Commission. The operator of the well or the operator's duly authorized agent having personal knowledge of the facts, and representatives of the cementing company performing the cementing job, must sign the form attesting to compliance with the cementing requirements of the Commission. (G) Centralizers. Surface casing shall be centralized at the shoe, above and below a stage collar or diverting tool, if run, and through usable-quality water zones. In nondeviated holes, pipe centralization as follows is required: a centralizer shall be placed every fourth joint from the cement shoe to the ground surface or to the bottom of the cellar. All centralizers shall meet specifications in, or equivalent to, API spec 10D Specifications for Bow-Spring Casing Centralizers; API Spec 10 TR4, Technical Report on Considerations Regarding Selection of Centralizers for Primary Cementing Operations; and API RP 10D-2, Recommended Practice for Centralizer Placement and Stop Collar Testing.(H) Alternative surface casing programs.(i) An alternative method of fresh water protection may be approved upon written application to the appropriate district director. The operator shall state the reason for the alternative fresh water protection method and outline the alternate program for casing and cementing through the protection depth for strata containing usable-quality water. Alternative programs for setting more than specified amounts of surface casing for well control purposes may be requested on a field or area basis. Alternative programs for setting less than specified amounts of surface casing will be considered on an individual well basis only. The district director may approve, modify, or reject the proposed program. The district director shall deny the request if the operator has not demonstrated that the alternative casing plan will achieve the intent of this rule as described in subsection (a)(1) of this section. If the proposal is modified or rejected, the operator may request a review by the deputy director of field operations. If the proposal is not approved administratively, the operator may request a public hearing. An operator shall obtain approval of any alternative program before commencing operations.(ii) Any alternate casing program shall require the first string of casing set through the protection depth to be cemented in a manner that will effectively prevent the migration of any fluid to or from any stratum exposed to the wellbore outside this string of casing. The casing shall be cemented from the shoe to ground surface in a single stage, if feasible, or by a multi-stage process with the stage tool set at least 100 feet below the protection depth.(iii) Any alternate casing program shall include pumping sufficient cement to fill the annular space from the shoe or multi-stage tool to the ground surface. If cement is not circulated to the ground surface or the bottom of the cellar, the operator shall run a temperature survey or cement bond log. The appropriate district office shall be notified prior to running the required temperature survey or bond log. After the top of cement outside the casing is determined, the operator or the operator's representative shall contact the appropriate district director and obtain approval for the procedures to be used to perform any required additional cementing operations. Upon completion of the well, a cementing report shall be filed with the Commission on the prescribed form.(iv) Before parallel (nonconcentric) strings of pipe are cemented in a well, surface or intermediate casing must be set and cemented through the protection depth.(I) Mechanical integrity test of surface casing after drillout.(i) If the surface casing is exposed to more than 360 rotating hours after reaching total depth or the depth of the next casing string, the operator shall verify the integrity of the surface casing by using a casing evaluation tool or conducting a mechanical integrity test or equivalent Commission-approved casing evaluation method, unless otherwise approved by the district director.(ii) If a mechanical integrity test is conducted, the appropriate district office shall be notified at least eight hours before the test is conducted to give the district office an opportunity to witness the test. The operator shall use a chart of acceptable range (20% - 80% of full scale) or an electronic equivalent approved by the district director, and the surface casing shall be tested at a pump pressure in pounds per square inch (psi) calculated by multiplying the length of the true vertical depth in feet of the casing string by a factor of 0.5 psi per foot up to a maximum of 1,500 psi for a minimum of 30 minutes. A pressure test demonstrating less than a 10% pressure drop after 30 minutes constitutes confirmation of an acceptable pressure test. The appropriate district office shall be notified within 24 hours after a failed test. Completion operations may not re-commence until the district director approves a remediation plan and the operator successfully implements the approved plan, and successfully re-tests the surface casing.(2) Intermediate casing requirements for land wells and bay wells.(A) Cementing method. Each intermediate string of casing shall be cemented from the shoe to a point at least 600 feet (measured depth) above the shoe. If any productive zone, potential flow zone, or zone with corrosive formation fluids is open to the wellbore above the casing shoe, the casing shall be cemented;(i) if the top of cement is determined through calculation, from the shoe up to a point at least 600 feet (measured depth) above the top of the shallowest productive zone, potential flow zone, or zone with corrosive formation fluids;(ii) if the top of cement is determined through performance of a temperature survey, from the shoe up to a point at least 250 feet (measured depth) above the top of the shallowest productive zone, potential flow zone, or zone with corrosive formation fluids;(iii) if the top of cement is determined through performance of a cement evaluation log, from the shoe up to a point at least 100 feet (measured depth) above the top of the shallowest productive zone, potential flow zone, or zone with corrosive formation fluid; or(iv) to a point at least 200 feet (measured depth) above the shoe of the next shallower casing string that was set and cemented in the well (or to surface if the shoe is less than 200 feet from the surface); or(v) as otherwise approved by the district director.(B) Top of cement. The calculated or measured top of cement shall be indicated on the appropriate completion form required by §3.16 of this title (relating to Log and Completion or Plugging Report).(C) Alternate method. In the event the distance from the casing shoe to the top of the shallowest productive zone, potential flow zone, and/or zone with corrosive formation fluids make cementing, as specified above, impossible or impractical, the multi-stage process may be used to cement the casing in a manner that will effectively isolate and seal the zones to prevent fluid migration to or from such strata within the wellbore.(3) Production casing requirements for land wells and bay wells.(A) Centralizers. In deviated and horizontal holes, the operator shall provide centralization as necessary to ensure zonal isolation between the top of the interval to be completed and the shallower zones that require isolation.(B) Cementing method. The production string of casing shall be cemented by the pump and plug method, or another method approved by the Commission, with sufficient cement to fill the annular space back of the casing to the surface or to a point at least 600 feet above the shoe. If any productive zone, potential flow zone and/or zone with corrosive formation fluids is open to the wellbore above the casing shoe, the casing shall be cemented in a manner that effectively seals off all such zones by one of the methods specified for intermediate casing in paragraph (2) of this subsection. A float collar or other means to stop the cement plug shall be inserted in the casing string above the shoe. Cement shall be allowed to stand under pressure for a minimum of eight hours before drilling the plug or initiating casing pressure tests. In the event that the distance from the casing shoe to the top of the shallowest productive zone, potential flow zone and/or zone with corrosive formation fluids make cementing, as required above, impossible or impractical, the multi-stage process may be used to cement the casing in a manner that will effectively seal off all such zones, and prevent fluid migration to or from such zones within the wellbore. Uncemented casing is allowable within a producing reservoir provided the production casing is cemented in such a manner to effectively isolate and seal off that zone from all other productive zones in the wellbore as required by §3.7 of this title (relating to Strata To Be Sealed Off).(C) Reporting of top of cement. Calculated or measured top of cement shall be indicated on the appropriate completion form required by §3.16 of this title.(D) Isolation of gas/oil contact zones. The position of the gas-oil contact shall be determined by coring, electric log, or testing. The producing string shall be landed and cemented below the gas-oil contact, or set completely through and perforated in the oil-saturated portion of the reservoir below the gas-oil contact.(4) Tubing requirements for land wells and bay wells.(A) Tubing requirements for oil wells. All flowing oil wells shall be equipped with and produced through tubing. When tubing is run inside casing in any flowing oil well, the bottom of the tubing shall be at a point not higher than 100 feet (vertical depth) above the top of the producing interval nor more than 50 feet (vertical depth) above the top of the liner, if a liner is used, or 100 feet (vertical depth) above the kickoff point in a deviated or horizontal well. In a multiple zone structure, however, when an operator elects to equip a well in such a manner that small through-the-tubing type tools may be used to perforate, complete, plug back, or recomplete without the necessity of removing the installed tubing, the bottom of the tubing may be set at a distance up to, but not exceeding, 1,000 feet (vertical depth) above the top of the perforated or open-hole interval actually open for production into the wellbore.(B) Alternate tubing requirements. Alternate programs requesting a temporary exception pursuant to subsection (d) of this section to omit tubing from a flowing oil well may be authorized on an individual well basis by the appropriate district director. The district director shall deny the request if the operator has not demonstrated that the alternative tubing plan will achieve the intent as described in subsection (a)(1) of this section. If the proposal is rejected, the operator may request a review by the director of field operations. If the proposal is not approved administratively, the operator may request a hearing. An operator shall obtain approval of any alternative program before commencing operations.(c) Casing, cementing, drilling, and completion requirements for offshore wells.(1) Casing. An offshore well shall be cased with at least three strings of pipe, in addition to such drive pipe as the operator may desire, which shall be set in accordance with the following program.(A) Conductor casing. A string of new pipe, or reconditioned pipe with substantially the same characteristics as new pipe, shall be set and cemented at a depth of not less than 300 feet TVD (true vertical depth) nor more than 800 feet TVD below the mud line. Sufficient cement shall be used to fill the annular space back of the pipe to the mud line; however, cement may be washed out or displaced to a maximum depth of 50 feet below the mud line to facilitate pipe removal on abandonment. Casing shall be set and cemented in all cases prior to penetration of known shallow oil and gas formations, or upon encountering such formations.(B) Surface casing. All surface casing shall be a string of new pipe with a mill test of at least 1,100 pounds per square inch (psi) or reconditioned pipe that has been tested to an equal pressure. Sufficient cement shall be used to fill the annular space behind the pipe to the mud line; however, cement may be washed out or displaced to a maximum depth of 50 feet below the mud line to facilitate pipe removal on abandonment. Surface casing shall be set and cemented in all cases prior to penetration of known shallow oil and gas formations, or upon encountering such formations. In all cases, surface casing shall be set prior to drilling below 3,500 feet TVD. Minimum depths for surface casing are as follows.(i) Surface Casing Depth Table.Attached Graphic(ii) Surface Casing test.(I) Cement shall be allowed to stand under pressure for a minimum of eight hours before drilling plug or initiating tests. Casing shall be tested by pump pressure to at least 1,000 psi. If, at the end of 30 minutes, the pressure shows a drop of 100 psi or more, the casing shall be condemned until the leak is corrected. A pressure test demonstrating a drop of less than 100 psi after 30 minutes constitutes confirmation that the condition has been corrected.(II) After drillout, if the surface casing is exposed to more than 360 rotating hours, the operator shall verify the integrity of the casing using a casing evaluation tool, a mechanical integrity test, or an equivalent Commission-approved alternate casing evaluation methodology, unless otherwise approved by the district director.(III) If a mechanical integrity test of the surface casing is conducted, the appropriate district office shall be notified a minimum of eight (8) hours before the test is conducted. The operator shall use a chart of acceptable range (20% - 80% of full scale) or an electronic equivalent approved by the district director, and the surface casing shall be tested at a minimum test pressure of 0.5 psi per foot multiplied by the true vertical depth of the surface casing up to a maximum of 1,500 psi for a minimum of 30 minutes. A pressure test demonstrating less than a 10% drop in pressure after 30 minutes constitutes confirmation of an acceptable pressure test. The operator shall notify the appropriate district office within 24 hours of a failed test. Operations may not re-commence until the district director approves a remediation plan and the operator implements the approved plan, and the operator successfully re-tests the surface casing.(C) Production casing or oil string.(i) The production casing or oil string shall be new or reconditioned pipe with a mill test of at least 2,000 psi that has been tested to an equal pressure.(ii) After cementing, the production casing shall be tested by pump pressure to at least 1,500 psi. If, at the end of 30 minutes, the pressure shows a drop of 150 psi or more, the casing shall be condemned. After corrective operations, the casing shall again be tested in the same manner.(iii) Cementing of the production casing shall be by the pump and plug method. Sufficient cement shall be used to fill the calculated annular space above the shoe to isolate any productive zones, potential flow zones, or zones with corrosive formation fluids and to a depth that isolates abnormal pressure from normal pressure (0.465 psi per vertical foot of gradient). A float collar or other means to stop the cement plug shall be inserted in the casing string above the shoe. Cement shall be allowed to stand under pressure for a minimum of eight hours before drilling the plug or initiating tests.(2) Operators shall comply with the well control requirements of subsection (a)(6) of this section.(d) Exceptions or alternate programs. The director may administratively grant an exception or approve an alternate casing/tubing program required by this section provided that the alternate casing/tubing program will achieve the intent of the rule as described in subsection (a)(1) of this section and the following requirements are met:(1) The request for an exception or alternate casing/tubing program shall be accompanied by the fee required by §3.78(b)(5) of this title (relating to Fees and Financial Security Requirements).(2) An administrative exception for tubing shall not exceed a period of 180 days. A request for an exception for tubing beyond 180 days shall require a Commission order.", "sourceNote": "Source Note: The provisions of this §3.13 adopted to\r\nbe effective January 1, 1976; amended to be effective April 8, 1980,\r\n5 TexReg 1152; amended to be effective October 3, 1980, 5 TexReg 3794;\r\namended to be effective January 1, 1983, 7 TexReg 3982; amended to\r\nbe effective March 10, 1986, 11 TexReg 901; amended to be effective\r\nJanuary 11, 1991, 16 TexReg 39; amended to be effective August 13,\r\n1991, 16 TexReg 4153; amended to be effective August 25, 2003, 28\r\nTexReg 6816; amended to be effective January 1, 2014, 38 TexReg 3542;\r\namended to be effective February 18, 2025, 50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223566", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.14", "label": "Plugging" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226943", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions and application to plug.(1) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(A) Approved cementer--A cementing company, service company, or operator approved by the Commission or its delegate to mix and pump cement for the purpose of plugging a well in accordance with the provisions of this section. The term shall also apply to a cementing company, service company, or operator authorized by the Commission or its delegate to use an alternate material other than cement to plug a well.(B) Funnel viscosity--Viscosity as measured by the Marsh funnel, based on the number of seconds required for 1,000 cubic centimeters of fluid to flow through the funnel.(C) Groundwater conservation district--Any district or authority created under §52, Article III, or §59, Article XVI, Texas Constitution, that has the authority to regulate the spacing of water wells, the production from water wells, or both.(D) Operator designation form--A certificate of compliance and transportation authority or an application to drill, deepen, recomplete, plug back, or reenter that has been completed, signed, and filed with the Commission or its delegate.(E) Productive horizon--Any stratum known to contain oil, gas, or geothermal resources in producible quantities in the vicinity of an unplugged well.(F) Related piping--The surface piping and subsurface piping that is less than three feet beneath the ground surface between pieces of equipment located at any collection or treatment facility. Such piping would include piping between and among headers, manifolds, separators, storage tanks, gun barrels, heater treaters, dehydrators, and any other equipment located at a collection or treatment facility. The term is not intended to refer to lines, such as flowlines, gathering lines, and injection lines that lead up to and away from any such collection or treatment facility.(G) Reported production--Production of oil or gas, excluding production attributable to well tests, accurately reported to the Commission or its delegate on Form PR, Monthly Production Report.(H) Serve notice on the surface owner or resident--To hand deliver a written notice identifying the well or wells to be plugged and the projected date the well or wells will be plugged to the surface owner, or resident if the owner is absent, at least three days prior to the day of plugging or to mail the notice by first class mail, postage pre-paid, to the last known address of the surface owner or resident at least seven days prior to the day of plugging.(I) Usable quality water strata--All strata determined by the Groundwater Advisory Unit of the Oil and Gas Division to contain usable quality water.(J) Written notice--Notice actually received by the intended recipient in tangible or retrievable form, including notice set out on paper and hand-delivered, facsimile transmissions, and electronic mail transmissions.(2) The operator shall give the Commission notice of its intention to plug any well or wells drilled for oil, gas, or geothermal resources or for any other purpose over which the Commission has jurisdiction, except those specifically addressed in §3.100(e)(1) of this title (relating to Seismic Holes and Core Holes) (Statewide Rule 100), prior to plugging. The operator shall deliver or transmit the written notice to the district office on the appropriate form.(3) The operator shall cause the notice of its intention to plug to be delivered to the district office at least five days prior to the beginning of plugging operations. The notice shall set out the proposed plugging procedure as well as the complete casing record. The operator shall not commence the work of plugging the well or wells until the proposed procedure has been approved by the district director or the director's delegate. The operator shall not initiate approved plugging operations before the date set out in the notification for the beginning of plugging operations unless authorized by the district director or the director's delegate. The operator shall notify the district office at least four hours before commencing plugging operations and proceed with the work as approved. The district director or the director's delegate may grant exceptions to the requirements of this paragraph concerning the timing of notices when a workover or drilling rig is already at work on location, and ready to commence plugging operations. Operations shall not be suspended prior to plugging the well unless the hole is cased and casing is cemented in place in compliance with Commission rules. The Commission's approval of a notice of intent to plug and abandon a well shall not relieve an operator of the requirement to comply with subsection (b)(2) of this section, nor does such approval constitute an extension of time to comply with subsection (b)(2) of this section.(4) The surface owner and the operator may file an application to condition an abandoned well located on the surface owner's tract for usable quality water production operations. The application shall be made on Commission Form P-13, the Application of Landowner to Condition an Abandoned Well for Fresh Water Production.(A) Standard for Commission Approval. Before the Commission will consider approval of an application:(i) the surface owner shall assume responsibility for plugging the well and obligate himself, his heirs, successors, and assignees to complete the plugging operations;(ii) the operator responsible for plugging the well shall place all cement plugs required by this rule up to the base of the usable quality water strata; and(iii) the surface owner shall submit:(I) a signed statement attesting to the fact that:(-a-) there is no groundwater conservation district for the area in which the well is located; or(-b-) there is a groundwater conservation district for the area where the well is located, but the groundwater conservation district does not require that the well be permitted or registered; or(-c-) the surface owner has registered the well with the groundwater conservation district for the area where the well is located; or(II) a copy of the permit from the groundwater conservation district for the area where the well is located.(B) The duty of the operator to properly plug ends only when:(i) the operator has properly plugged the well in accordance with Commission requirements up to the base of the usable quality water stratum;(ii) the surface owner has registered the well with, or has obtained a permit for the well from, the groundwater conservation district, if applicable; and(iii) the Commission has approved the application of surface owner to condition an abandoned well for fresh water production.(5) The operator of a well shall serve notice on the surface owner of the well site tract, or the resident if the owner is absent, before the scheduled date for beginning the plugging operations. A representative of the surface owner may be present to witness the plugging of the well. Plugging shall not be delayed because of the lack of actual notice to the surface owner or resident if the operator has served notice as required by this paragraph. The district director or the director's delegate may grant exceptions to the requirements of this paragraph concerning the timing of notices when a workover or drilling rig is already at work on location and ready to commence plugging operations.(b) Commencement of plugging operations, extensions, and testing.(1) The operator shall complete and file in the district office a duly verified plugging record, in duplicate, on the appropriate form within 30 days after plugging operations are completed. A cementing report made by the party cementing the well shall be attached to, or made a part of, the plugging report. If the well the operator is plugging is a dry hole, an electric log status report shall be filed with the plugging record.(2) Plugging operations on each dry or inactive well shall be commenced within a period of one year after drilling or operations cease and shall proceed with due diligence until completed unless the Commission or its delegate approves a plugging extension under §3.15 of this title (relating to Surface Equipment Removal Requirements and Inactive Wells).(3) The Commission may plug or replug any dry or inactive well as follows:(A) After notice and hearing, if the well is causing or is likely to cause the pollution of surface or subsurface water or if oil, gas, or other formation fluid is leaking from the well, and:(i) neither the operator nor any other entity responsible for plugging the well can be found; or(ii) neither the operator nor any other entity responsible for plugging the well has assets with which to plug the well.(B) Without a hearing if the well is a delinquent inactive well and:(i) the Commission has sent notice of its intention to plug the well as required by §89.043(c) of the Texas Natural Resources Code; and(ii) the operator did not request a hearing within the period (not less than 10 days after receipt) specified in the notice.(C) Without notice or hearing, if:(i) the Commission has issued a final order requiring that the operator plug the well and the order has not been complied with; or(ii) the well poses an immediate threat of pollution of surface or subsurface waters or of injury to the public health and the operator has failed to timely remediate the problem.(4) The Commission may seek reimbursement from the operator and any other entity responsible for plugging the well for state funds expended pursuant to paragraph (3) of this subsection.(c) Designated operator responsible for proper plugging.(1) The entity designated as the operator of a well specifically identified on the most recent Commission-approved operator designation form filed on or after September 1, 1997, is responsible for properly plugging the well in accordance with this section and all other applicable Commission rules and regulations concerning plugging of wells.(2) As to any well for which the most recent Commission-approved operator designation form was filed prior to September 1, 1997, the entity designated as operator on that form is presumed to be the entity responsible for the physical operation and control of the well and to be the entity responsible for properly plugging the well in accordance with this section and all other applicable Commission rules and regulations concerning plugging of wells. The presumption of responsibility may be rebutted only at a hearing called for the purpose of determining plugging responsibility.(d) General plugging requirements.(1) Wells shall be plugged to insure that all formations bearing usable quality water, oil, gas, or geothermal resources are protected. All cementing operations during plugging shall be performed under the direct supervision of the operator or his authorized representative, who shall not be an employee of the service or cementing company hired to plug the well. Direct supervision means supervision at the well site during the plugging operations. The operator and the cementer are both responsible for complying with the general plugging requirements of this subsection and for plugging the well in conformity with the procedure set forth in the approved notice of intention to plug and abandon for the well being plugged. The operator and cementer may each be assessed administrative penalties for failure to comply with the general plugging requirements of this subsection or for failure to plug the well in conformity with the approved notice of intention to plug and abandon the well.(2) Cement plugs shall be set to isolate each productive horizon and usable quality water strata. Plugs shall be set as necessary to separate multiple usable quality water strata by placing the required plug at each depth as determined by the Groundwater Advisory Unit of the Oil and Gas Division. The operator shall verify the placement of the plug required at the base of the deepest usable quality water stratum by tagging with tubing or drill pipe or by an alternate method approved by the district director or the district director's delegate.(3) Cement plugs shall be placed by the circulation or squeeze method through tubing or drill pipe. Cement plugs shall be placed by other methods only upon written request with the written approval of the district director or the director's delegate.(4) All cement for plugging shall be an approved API oil well cement without volume extenders and shall be mixed in accordance with API standards. Slurry weights shall be reported on the cementing report. The district director or the director's delegate may require that specific cement compositions be used in special situations; for example, when high temperature, salt section, or highly corrosive sections are present. An operator shall request approval to use alternate materials, other than API oil well cement without volume extenders, to plug a well by filing with the director or the director's delegate a written request providing all pertinent information to support the use of the proposed alternate material and plugging method. The director or the director's delegate shall determine whether such a request warrants approval, after considering factors which include but are not limited to whether or not the well to be plugged was used as an injection or disposal well; the well's history; the well's current bottom hole pressure; the presence of highly pressurized formations intersected by the wellbore; the method by which the alternative material will be placed in the wellbore; and the compressive strength and other performance specifications of the alternative material to be used. The director or the director's delegate shall approve such a request only if the proposed alternate material and plugging method will ensure that the well does not pose a potential threat of harm to natural resources.(5) Operators shall use only cementers approved by the director or the director's delegate, except when plugging is conducted in accordance with subparagraph (B)(ii) of this paragraph or paragraph (6) of this subsection. Cementing companies, service companies, or operators may apply for designation as approved cementers. Approval will be granted on a showing by the applicant of the ability to mix and pump cement or other alternate materials as approved by the director or the director's delegate in compliance with this rule. An approved cementer is authorized to conduct plugging operations in accordance with Commission rules in each Commission district.(A) A cementing company, service company, or operator seeking designation as an approved cementer shall file a request in writing with the district director of the district in which it proposes to conduct its initial plugging operations. The request shall contain the following information:(i) the name of the organization as shown on its most recent approved organizational report;(ii) a list of qualifications including personnel who will supervise mixing and pumping operations;(iii) length of time the organization has been in the business of cementing oil and gas wells;(iv) an inventory of the type of equipment to be used to mix and pump cement or other alternate materials as approved by the director or the director's delegate; and(v) a statement certifying that the organization will comply with all Commission rules.(B) No request for designation as an approved cementer will be approved until after the district director or the director's delegate has:(i) inspected all equipment to be used for mixing and pumping cement or other alternate materials as approved by the director or the director's delegate; and(ii) witnessed at least one plugging operation to determine if the cementing company, service company, or operator can properly mix and pump cement or other alternate materials as approved by the director or the director's delegate according to the specifications required by this rule.(C) The district director or the director's delegate shall file a letter with the director or the director's delegate recommending that the application to be designated as an approved cementer be approved or denied. If the district director or the director's delegate does not recommend approval, or the director or the director's delegate denies the application, the applicant may request a hearing on its application.(D) Designation as an approved cementer may be suspended or revoked for violations of Commission rules. The designation may be revoked or suspended administratively by the director or the director's delegate for violations of Commission rules if:(i) the cementer has been given written notice by personal service or by registered or certified mail informing the cementer of the proposed action, the facts or conduct alleged to warrant the proposed action, and of its right to request a hearing within 10 days to demonstrate compliance with Commission rules and all requirements for retention of designation as an approved cementer; and(ii) the cementer did not file a written request for a hearing within 10 days of receipt of the notice.(6) An operator may request administrative authority to plug its own wells without being an approved cementer. An operator seeking such authority shall file a written request with the district director and demonstrate its ability to mix and pump cement or other alternate materials as approved by the director or the director's delegate in compliance with this subsection. The district director or the director's delegate shall determine whether such a request warrants approval. If the district director or the director's delegate refuses to administratively approve this request, the operator may request a hearing on its request.(7) The district director or the director's delegate may require additional cement plugs to cover and contain any productive horizon or to separate any water stratum from any other water stratum if the water qualities or hydrostatic pressures differ sufficiently to justify separation. The tagging and/or pressure testing of any such plugs, or any other plugs, and respotting may be required if necessary to ensure that the well does not pose a potential threat of harm to natural resources.(8) For onshore or inland wells, a 10-foot cement plug shall be placed in the top of the well, and casing shall be cut off three feet below the ground surface.(9) Mud-laden fluid of at least 9-1/2 pounds per gallon with a minimum funnel viscosity of 40 seconds shall be placed in all portions of the well not filled with cement or other alternate material as approved by the director or the director's delegate. The hole shall be in static condition at the time the cement plugs are placed. The district director or the director's delegate may grant exceptions to the requirements of this paragraph if a deviation from the prescribed minimums for fluid weight or viscosity will insure that the well does not pose a potential threat of harm to natural resources. An operator shall request approval to use alternate fluid other than mud-laden fluid by filing with the district director a written request providing all pertinent information to support the use of the proposed alternate fluid. The district director or the director's delegate shall determine whether such a request warrants approval, and shall approve such a request only if the proposed alternate fluid will insure that the well does not pose a potential threat of harm to natural resources.(10) Non-drillable material that would hamper or prevent reentry of a well shall not be placed in any wellbore during plugging operations, except in the case of a well plugged and abandoned under the provisions of §3.35 or §4.614(b) of this title (relating to Procedures for Identification and Control of Wellbores in Which Certain Logging Tools Have Been Abandoned (Statewide Rule 35); and Authorized Disposal Methods, respectively). Pipe and unretrievable junk shall not be cemented in the hole during plugging operations without prior approval by the district director or the director's delegate.(11) All cement plugs, except the top plug, shall have sufficient slurry volume to fill 100 feet of hole, plus 10% for each 1,000 feet of depth from the ground surface to the bottom of the plug.(12) The operator shall fill the rathole, mouse hole, and cellar, and shall empty all tanks, vessels, related piping and flowlines that will not be actively used in the continuing operation of the lease within 120 days after plugging work is completed. Within the same 120 day period, the operator shall remove all such tanks, vessels, and related piping, remove all loose junk and trash from the location, and contour the location to discourage pooling of surface water at or around the facility site. The operator shall close all pits in accordance with the provisions of Chapter 4 of this title (relating to Environmental Protection), specifically Subchapter A (relating to Oil and Gas Waste Management). The district director or the director's delegate may grant a reasonable extension of time of not more than an additional 120 days for the removal of tanks, vessels and related piping.(e) Plugging requirements for wells with surface casing.(1) When insufficient surface casing is set to protect all usable quality water strata and such usable quality water strata are exposed to the wellbore when production or intermediate casing is pulled from the well or as a result of such casing not being run, a cement plug shall be a minimum of 100 feet in length and shall extend at least 50 feet above and 50 feet below the base of the deepest usable quality water stratum. This plug shall be evidenced by tagging with tubing or drill pipe. The plug shall be respotted if it has not been properly placed. In addition, a cement plug shall be set across the shoe of the surface casing. This plug shall be a minimum of 100 feet in length and shall extend at least 50 feet above and below the shoe.(2) When sufficient surface casing has been set to protect all usable quality water strata, a cement plug shall be placed across the shoe of the surface casing. This plug shall be a minimum of 100 feet in length and shall extend at least 50 feet above the shoe and at least 50 feet below the shoe.(3) If surface casing has been set deeper than 200 feet below the base of the deepest usable quality water stratum, an additional cement plug shall be placed inside the surface casing across the base of the deepest usable quality water stratum. This plug shall be a minimum of 100 feet in length and shall extend at least 50 feet below and 50 feet above the base of the deepest usable quality water stratum.(4) Plugs shall be set as necessary to separate multiple usable quality water strata by placing the required plug at each depth as determined by the Groundwater Advisory Unit of the Oil and Gas Division.(5) An operator may not remove, cause to be removed, or allow to be removed surface casing from a well at abandonment. This prohibition applies to wells drilled by cable tool and rotary rigs alike.(f) Plugging requirements for wells with intermediate casing.(1) For wells in which the intermediate casing has been cemented through all usable quality water strata and all productive horizons, a cement plug meeting the requirements of subsection (d)(11) of this section shall be placed inside the casing and centered opposite the base of the deepest usable quality water stratum, but extend no less than 50 feet above and below the base of the deepest usable quality water stratum.(2) For wells in which intermediate casing is not cemented through all usable quality water strata and all productive horizons, and if the casing will not be pulled, the intermediate casing shall be perforated at the required depths to place cement outside of the casing by squeeze cementing through casing perforations.(3) Additionally, plugs shall be set as necessary to separate multiple usable quality water strata by placing the required plug at each depth as determined by the Groundwater Advisory Unit of the Oil and Gas Division.(g) Plugging requirements for wells with production casing.(1) For wells in which the production casing has been cemented through all usable quality water strata and all productive horizons, a cement plug meeting the requirements of subsection (d)(11) of this section shall be placed inside the casing and centered opposite the base of the deepest usable quality water stratum and across any multi-stage cementing tool. This plug shall be a minimum of 100 feet in length and shall extend at least 50 feet below and 50 feet above the base of the deepest usable quality water stratum.(2) For wells in which the production casing has not been cemented through all usable quality water strata and all productive horizons and if the casing will not be pulled, the production casing shall be perforated at the required depths to place cement outside of the casing by squeeze cementing through casing perforations.(3) The district director or the director's delegate may approve a cast iron bridge plug to be placed immediately above each perforated interval, provided at least 20 feet of cement is placed on top of each bridge plug. A bridge plug shall not be set in any well at a depth where the pressure or temperature exceeds the ratings recommended by the bridge plug manufacturer.(4) Additionally, plugs shall be set as necessary to separate multiple usable quality water strata by placing the required plug at each depth as determined by the Groundwater Advisory Unit of the Oil and Gas Division.(h) Plugging requirements for well with screen or liner.(1) If practical, the screen or liner shall be removed from the well.(2) If the screen or liner is not removed, a cement plug in accordance with subsection (d)(11) of this section shall be placed at the top of the screen or liner.(i) Plugging requirements for wells without production casing and open-hole completions.(1) Any productive horizon or any formation in which a pressure or formation water problem is known to exist shall be isolated by cement plugs centered at the top and bottom of the formation. Each cement plug shall have sufficient slurry volume to fill a calculated height as specified in subsection (d)(11) of this section.(2) If the gross thickness of any such formation is less than 100 feet, the tubing or drill pipe shall be suspended 50 feet below the base of the formation. Sufficient slurry volume shall be pumped to fill the calculated height from the bottom of the tubing or drill pipe up to a point at least 50 feet above the top of the formation, plus 10% for each 1,000 feet of depth from the ground surface to the bottom of the plug.(j) The district director or the director's delegate shall review and approve the notification of intention to plug in a manner so as to accomplish the purposes of this section. The district director or the director's delegate may approve, modify, or reject the operator's notification of intention to plug. If the proposal is modified or rejected, the operator may request a review by the director or the director's delegate. If the proposal is not administratively approved, the operator may request a hearing on the matter. After hearing, the examiner shall recommend final action by the Commission.(k) Plugging horizontal drainhole wells. All plugs in horizontal drainhole wells shall be set in accordance with subsection (d)(11) of this section. The productive horizon isolation plug shall be set from a depth 50 feet below the top of the productive horizon to a depth either 50 feet above the top of the productive horizon, or 50 feet above the production casing shoe if the production casing is set above the top of the productive horizon. If the production casing shoe is set below the top of the productive horizon, then the productive horizon isolation plug shall be set from a depth 50 feet below the production casing shoe to a depth that is 50 feet above the top of the productive horizon. In accordance with subsection (d)(7) of this section, the Commission or its delegate may require additional plugs.", "sourceNote": "Source Note: The provisions of this §3.14 adopted to be effective January 1, 1976; amended to be effective February 29, 1980, 5 TexReg 499; amended to be effective January 1, 1983, 7 TexReg 3989; amended to be effective March 10, 1986, 11 TexReg 901; amended to be effective September 8, 1986, 11 TexReg 3792; amended to be effective November 9, 1987, 12 TexReg 3959; amended to be effective May 9, 1988, 13 TexReg 2026; amended to be effective March 1, 1992, 17 TexReg 1227; amended to be effective September 1, 1992, 17 TexReg 5283; amended to be effective September 20, 1995, 20 TexReg 6931; amended to be effective September 14, 1998, 23 TexReg 9300; amended to be effective December 28, 1999, 24 TexReg 11711;amended to be effective July 10, 2000, 25 TexReg 6487; amended to be effective November 1, 2000, 25 TexReg 9924; amended to be effective January 9, 2002, 27 TexReg 139; amended to be effective July 28, 2003, 28 TexReg 5853; amended to be effective December 3, 2003, 28 TexReg 10747; amended to be effective September 1, 2004, 29 TexReg 8271; amended to be effective January 30, 2007, 32 TexReg 287; amended to be effective September 13, 2010, 35 TexReg 8332; amended to be effective July 2, 2012, 37 TexReg 4892; amended to be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226943", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.15", "label": "Surface Equipment Removal Requirements and Inactive Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224062", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Active operation--Regular and continuing activities related to the production of oil and gas for which the operator has all necessary permits. In the case of a well that has been inactive for 12 consecutive months or longer and that is not permitted as a disposal or injection well, the well remains inactive for purposes of this section, regardless of any minimal activity, until the well has reported production of at least five barrels of oil for oil wells or 50 Mcf of gas for gas wells each month for at least three consecutive months, or until the well has reported production of at least one barrel of oil for oil wells or at least one Mcf of gas for gas wells each month for 12 consecutive months.(2) Cost calculation for plugging an inactive well--The cost, calculated by the Commission or its delegate, for each foot of well depth plugged based on average actual plugging costs for wells plugged by the Commission for the preceding state fiscal year for the Commission Oil and Gas Division district in which the inactive well is located.(3) Delinquent inactive well--An inactive well for which, after notice and opportunity for a hearing, the Commission or its delegate has not extended the plugging deadline.(4) Enhanced oil recovery (EOR) project--A project that does not include a water disposal project and is:(A) a Commission-approved EOR project that uses any process for the displacement of oil or other hydrocarbons from a reservoir other than primary recovery and includes the use of an immiscible, miscible, chemical, thermal, or biological process;(B) a certified project described by Texas Tax Code, §202.054; or(C) any other project approved by the Commission or its delegate for EOR.(5) Good faith claim--A factually supported claim based on a recognized legal theory to a continuing possessory right in a mineral estate, such as evidence of a currently valid oil and gas lease or a recorded deed conveying a fee interest in the mineral estate.(6) Inactive well--An unplugged well that has been spudded or has been equipped with cemented casing and that has had no reported production, disposal, injection, or other permitted activity for a period of greater than 12 months.(7) Operator designation form--A certificate of compliance and transportation authority or an application to drill, recomplete, and reenter that has been approved by the Commission or its delegate.(8) Physical termination of electric service to the well's production site--Disconnection of the electric service to an inactive well site at a point on the electric service lines most distant from the production site toward the main supply line in a manner that will not interfere with electrical supply to adjacent operations, including cathodic protection units.(b) Plugging of inactive bay and offshore wells required.(1) An operator of an existing inactive bay or offshore well as defined in §3.78 of this title (relating to Fees and Financial Security Requirements) must:(A) restore the well to active operation as defined by Commission rule;(B) plug the well in compliance with a Commission rule or order; or(C) obtain the approval of the Commission or its delegate of an extension of the deadline for plugging an inactive bay or offshore well.(2) The Commission or its delegate may not approve an extension of the deadline for plugging an inactive bay or offshore well if the plugging of the well is otherwise required by Commission rules or orders.(c) Extension of deadline for plugging an inactive bay or offshore well. The Commission or its delegate may administratively grant an extension of the deadline for plugging an inactive bay or offshore well as defined by Commission rules if:(1) the operator has a current organization report;(2) the operator has, and on request provides, evidence of a good faith claim to a continuing right to operate the well;(3) the well and associated facilities are otherwise in compliance with all Commission rules and orders; and(4) for a well more than 25 years old, the operator successfully conducts and the Commission or its delegate approves a fluid level or hydraulic pressure test establishing that the well does not pose a potential threat of harm to natural resources, including surface and subsurface water, oil, and gas.(d) Plugging of inactive land wells required.(1) An operator that assumes responsibility for the physical operation and control of an existing inactive land well must maintain the well and all associated facilities in compliance with all applicable Commission rules and orders and within six months after the date the Commission or its delegate approves an operator designation form must either:(A) restore the well to active operation as defined by Commission rule;(B) plug the well in compliance with a Commission rule or order; or(C) obtain approval of the Commission or its delegate of an extension of the deadline for plugging an inactive well.(2) The Commission or its delegate may not approve an extension of the deadline for plugging an inactive land well if the plugging of the well is otherwise required by Commission rules or orders.(3) Except for an operator designation form filed for the purpose of a name change, the Commission or its delegate may not approve an operator designation form for an inactive land well until the operator satisfies the requirements of paragraph (1)(C) of this subsection.(4) If an operator fails to restore the well to active operation as defined by Commission rule, plug the well in compliance with a Commission rule or order, or obtain an extension of the deadline for plugging an inactive well within six months after acquiring an inactive well, the Commission or its delegate may, after notice and opportunity for hearing, revoke the operator's organization report.(5) The Commission or its delegate may approve an organization report that is delinquent or has been revoked if the Commission or its delegate simultaneously approves extensions of the deadline for plugging the operator's inactive wells.(e) Extension of deadline for plugging an inactive land well. The Commission or its delegate may administratively grant an extension of the deadline for plugging an inactive land well if:(1) the Commission or its delegate approves the operator's Application for an Extension of Deadline for Plugging an Inactive Well (Commission Form W-3X);(2) the operator has a current organization report;(3) the operator has, and on request provides evidence of, a good faith claim to a continuing right to operate the well;(4) the well and associated facilities are otherwise in compliance with all Commission rules and orders; and(5) for a well more than 25 years old, the operator successfully conducts and the Commission or its delegate approves a fluid level or hydraulic pressure test establishing that the well does not pose a potential threat of harm to natural resources, including surface and subsurface water, oil, and gas.(f) Application for an extension of deadline for plugging an inactive land well.(1) This subsection does not apply to a bay well or an offshore well as those terms are defined in §3.78 of this title.(2) An operator must include the following in an application for an extension of the deadline for plugging an inactive well:(A) an affirmation made by an individual with personal knowledge of the physical condition of the inactive well pursuant to the provisions of Texas Natural Resources Code, §89.029 and §91.143, stating the following: that the operator has physically terminated electric service to the well's production site; and either:(i) if the operator does not own the surface of the land where the well is located and the well has been inactive for at least five years but for less than 10 years as of the date of renewal of the operator's organization report, that the operator has emptied or purged of production fluids all piping, tanks, vessels, and equipment associated with and exclusive to the well; or(ii) if the operator does not own the surface of the land where the well is located, and the well has been inactive for at least 10 years as of the date of renewal of the operator's organization report, that the operator has removed:(I) all surface equipment and related piping, tanks, tank batteries, pump jacks, headers, fences, and firewalls; has closed all open pits; and has removed all junk and trash, as defined by Commission rule, associated with and exclusive to the well; and(II) all equipment associated with providing electric service to the well's equipment production site, except for equipment owned by an electric utility, as defined by Section 31.002, Utilities Code; and(B) documentation that the operator has satisfied at least one of the following requirements:(i) for all inactive land wells that an operator has operated for more than 12 months, the operator has plugged or restored to active operation, as defined by Commission rule, 10% of the number of inactive land wells operated at the time of the last annual renewal of the operator's organization report;(ii) if the operator is a publicly traded entity, for all inactive land wells, the operator has filed with the Commission a copy of the operator's federal documents filed to comply with Financial Accounting Standards Board Statement No. 143, Accounting for Asset Retirement Obligations, and an original executed Uniform Commercial Code Form 1 Financing Statement, filed with the Secretary of State, that names the operator as the \"debtor\" and the Railroad Commission of Texas as the \"secured creditor\" and specifies the funds covered by the documents in the amount of the cost calculation for plugging all inactive wells;(iii) the filing of a blanket bond on Commission Form P-5PB(2), Blanket Performance Bond, a letter of credit on Commission Form P-5LC, Irrevocable Documentary Blanket Letter of Credit, or a cash deposit, in the amount of either the lesser of the cost calculation for plugging all inactive wells or $2 million;(iv) for each inactive land well identified in the application, the Commission has approved an abeyance of plugging report and the operator has paid the required filing fee;(v) for each inactive land well identified in the application, the operator has filed a statement that the well is part of a Commission-approved EOR project;(vi) for each inactive land well identified in the application that is not otherwise required by Commission rule or order to conduct a fluid level or hydraulic pressure test of the well, the operator has conducted a successful fluid level test or hydraulic pressure test of the well and the operator has paid the required filing fee;(vii) for each inactive land well identified in the application, the operator has filed Commission Form W-3X and the Commission or its delegate has approved a supplemental bond, letter of credit, or cash deposit in an amount at least equal to the cost calculation for plugging an inactive land well for each well specified in the application; or(viii) for each time an operator files an application for a plugging extension and for each inactive land well identified in the application, the operator has filed Commission Form W-3X and the Commission or its delegate has approved an escrow fund deposit in an amount at least equal to 10% of the total cost calculation for plugging an inactive land well.(g) Commission action on application for plugging extension. (1) The Commission or its delegate shall administratively grant all applications for plugging extensions that meet the requirements of Commission rules.(2) The Commission or its delegate may administratively deny an application for a plugging extension for an inactive well if the Commission or its delegate determines that:(A) the applicant does not have an active organization report at the time the plugging extension application is filed;(B) the applicant has not submitted all required filing fees and financial assurance for the requested plugging extension and for renewal of its organization report; or(C) the applicant has not submitted a signed organization report for the applied-for extension year that qualifies for approval regardless of whether the applicant has complied with the inactive well requirements of this section.(3) Except as provided in paragraph (2) of this subsection, if the Commission or its delegate determines that an organization report should be denied renewal solely because it does not meet the inactive well requirements of this section, a Commission delegate shall, within a reasonable time of not more than 14 days after receipt of the applicant's administratively complete organization report renewal packet, including all statutorily required fees and financial assurance:(A) notify the operator of the determination;(B) provide the operator with a written statement of the reasons for the determination; and(C) notify the operator that it has 90 days from the expiration of its most recently approved organization report to comply with the requirements of this section.(4) If, after the expiration of the 90-day period specified in paragraph (3)(C) of this subsection, the Commission or its delegate determines that the operator remains out of compliance with the requirements of this section, the Commission delegate shall mail the operator a written notice of this determination. The operator may request a hearing. If the operator fails to timely file a request for hearing and the required hearing fee, the Commission shall enter an order denying the plugging extension request and denying renewal of the operator's organization report without further notice or opportunity for hearing.(5) To request a hearing, the operator must file a written request for hearing and the hearing fee of $4,500 with the Hearings Division, no later than 30 days from the date the written notice was mailed to the operator. In the request for hearing, the operator must identify by its assigned American Petroleum Institute (API) number each inactive well for which the operator is seeking a hearing to contest the determination that the well remains out of compliance. At the time an operator files a request for hearing under this subsection, the operator shall provide a list of affected persons to be given notice of the hearing. Affected persons shall include the owners of the surface estate of each tract on which a well that is the subject of the hearing request is located, the director of the Commission's Enforcement Section, and the district director of each Commission district in which the wells are located. The applicant's failure to diligently prosecute a hearing requested under this subsection may result in the application being involuntarily dismissed for want of prosecution on the motion of any affected person or on the Commission's own motion.(6) If an operator files a timely plugging extension application that is not properly administratively denied for the reasons specified in paragraph (2) of this subsection, then the operator's previously approved organization report shall remain in effect until the Commission approves its plugging extension application or enters a final order denying the application.(h) Revocation of extension. The Commission or its delegate may revoke an extension of the deadline for plugging an inactive well if the Commission or its delegate determines, after notice and an opportunity for a hearing, that the applicant is ineligible for the extension under the Commission's rules or orders.(i) Removal of surface equipment for land wells inactive more than 10 years. Requirements to remove surface equipment for land wells inactive more than 10 years do not excuse an operator from compliance with all other applicable Commission rules and orders including the requirements in Chapter 4 of this title (relating to Environmental Protection).(1) An operator of an inactive land well must leave a clearly visible sign as required by §3.3 of this title (relating to Identification of Properties, Wells, and Tanks) at the wellhead of the well and must maintain wellhead control as required by §3.13 of this title (relating to Casing, Cementing, Drilling, and Completion Requirements).(2) An operator may not store surface equipment removed from an inactive land well on an active lease.(3) An operator may be eligible for a temporary extension of the deadline for plugging an inactive land well or a temporary exemption from the surface equipment removal requirements if the operator is unable to comply with the requirements of subsection (f)(2)(A) of this section because of safety concerns or required maintenance of the well site and the operator includes with the application a written affirmation of the facts regarding the safety concerns or maintenance.(4) An operator may be eligible for an extension of the deadline for plugging a well without complying with the surface equipment removal requirements for inactive land wells if the well is located on a unit or lease or in a field associated with an EOR project and the operator includes a statement in the written affirmation that the well is part of such a project. The exemption provided by this subsection applies only to the equipment associated with current and future operations of the project.(j) Abeyance of plugging report.(1) An operator that files an abeyance of plugging report must:(A) pay an annual fee of $100 for each inactive land well covered by the report;(B) use Commission Form W-3X on which the operator must specify the field and the covered wells within that field; and(C) for each well, include a certification signed and sealed by a person licensed by the Texas Board of Professional Engineers or the Texas Board of Professional Geoscientists stating that the well has:(i) a reasonable expectation of economic value in excess of the cost of plugging the well for the duration of the period covered by the report, based on the cost calculation for plugging an inactive well;(ii) a reasonable expectation of being restored to a beneficial use that will prevent waste of oil or gas resources that otherwise would not be produced if the well were plugged; and(iii) documentation demonstrating the basis for the affirmation of the well's future utility.(2) Except as provided in paragraph (3) of this subsection, the Commission or its delegate may not transfer an abeyance of plugging report to a new operator of an existing inactive land well. The new operator of an existing inactive land well must file a new abeyance of plugging report or otherwise comply with the requirements of this subchapter not later than six months after the date the Commission or its delegate approves the new operator's request to be recognized as the operator of the well.(3) The Commission or its delegate may transfer an abeyance of plugging report in the event of a change of name of an operator.(k) Enhanced oil recovery (EOR) project.(1) An inactive well is considered to be part of an EOR project if the well is located on a unit or lease or in a field associated with a Commission-approved EOR project.(2) Except as provided in paragraph (3) of this subsection, the Commission and its delegate may not transfer a statement that an inactive well is part of an EOR project to a new operator of an existing inactive well. A new operator of an existing inactive well must file a new statement stating that the well is part of such an EOR project or otherwise comply with the provisions of this section not later than six months after the date the Commission or its delegate approves the new operator's request to be recognized as the operator of the well.(3) The Commission or its delegate may transfer a statement that a well is part of an EOR project in the event of a change of name of an operator.(l) Fluid level or hydraulic pressure test for inactive wells more than 25 years old.(1) At least three days prior to the test, the operator must give the district office notice of the date and approximate time the operator intends to conduct a fluid level or hydraulic pressure test. The district office may require that a test be witnessed by a Commission employee. The district office may allow an operator to conduct a test even if notice of the test is provided to the district office fewer than three days prior to the test.(2) No operator may conduct a test other than a fluid level or hydraulic pressure test without prior approval from the district director or the director's delegate.(3) For each inactive well that is more than 25 years old and that has been inactive more than 10 years, the operator must perform either a fluid level test once every 12 months or a hydraulic pressure test once every five years and obtain the approval of the Commission or its delegate of the results of said tests.(4) Notwithstanding the provisions of paragraph (1) of this subsection, an operator may conduct a hydraulic pressure test without prior approval from the district director or the director's delegate, provided that the operator gives the district office written notice of the date and approximate time for the test at least three days prior to the time the test will be conducted; the production casing is tested to a depth of at least 250 feet below the base of usable quality water strata or 100 feet below the top of cement behind the production casing, whichever is deeper; and the minimum test pressure is greater than or equal to 250 psig for a period of at least 30 minutes. (5) Using Commission Form H-15, each operator must file in the Commission's Austin office the results of a successful fluid level test within 30 days of the date the test was performed. The results, if approved, are valid for a period of one year from the date of the test. Upon request by the Commission or its delegate, the operator must file the actual test data.(6) Using Commission Form H-5 or Form H-15, each operator must file in the district office the results of a successful hydraulic pressure test, including the original pressure recording chart or its electronic equivalent, within 30 days of the date the test was performed. The results, if approved, are valid for a period of five years from the date of the test, unless the Commission or its delegate requires the operator to perform testing more frequently to ensure that the well does not pose a threat of harm to natural resources.(7) An operator of an inactive well that is more than 25 years old may not return that inactive well to active operation unless the operator performs either a successful fluid level test of the well within 12 months prior to the return to activity or a successful hydraulic pressure test of the well within five years prior to the return to activity.(m) Fluid level or hydraulic pressure test for inactive land well less than 25 years old.(1) At least three days prior to the test, each operator must give the district office notice of the date and approximate time the operator intends to conduct a fluid level or hydraulic pressure test. The district office may require that a test be witnessed by a Commission employee. The district office may allow an operator to conduct a test even if notice of the test is provided to the district office fewer than three days prior to the test.(2) No operator may conduct a test other than a fluid level or hydraulic pressure test without prior approval from the district director or the director's delegate.(3) Notwithstanding the provisions of paragraph (1) of this subsection, an operator may conduct a hydraulic pressure test without prior approval from the district director or the director's delegate, provided that the operator gives the district office written notice of the date and approximate time for the test at least three days prior to the time the test will be conducted; the production casing is tested to a depth of at least 250 feet below the base of usable quality water strata or 100 feet below the top of cement behind the production casing, whichever is deeper; and the minimum test pressure is greater than or equal to 250 psig for a period of at least 30 minutes. (4) An operator that files documentation of a fluid level test or a hydraulic pressure test for an inactive land well less than 25 years old in order to obtain a plugging extension must pay an annual fee of $50 for each well covered by the documentation.(5) Using Commission Form H-15, each operator must file in the Commission's Austin office the results of a successful fluid level test within 30 days of the date the test was performed. The results, if approved, are valid for a period of one year from the date of the test. Upon request by the Commission or its delegate, the operator must file the actual test data.(6) Using Commission Form H-5 or Form H-15, each operator must file in the district office the results of a successful hydraulic pressure test, including the original pressure recording chart or its electronic equivalent, within 30 days of the date the test was performed. The results, if approved, are valid for a period of five years from the date of the test, unless the Commission or its delegate requires the operator to perform testing more frequently to ensure that the well does not pose a threat of harm to natural resources.(7) The Commission or its delegate may transfer documentation of the results of a fluid level or hydraulic pressure test to a new operator of an existing inactive land well that is less than 25 years old.(n) Supplemental financial assurance.(1) A supplemental bond, letter of credit, or cash deposit filed as part of an application for an extension for an inactive land well is in addition to any other financial assurance otherwise required of the operator or for the well.(2) The Commission or its delegate may not transfer a supplemental bond, letter of credit, or cash deposit to a new operator of an existing inactive land well. A new operator of an existing inactive land well must file a new supplemental bond, letter of credit, or cash deposit or otherwise comply with the provisions of this section not later than six months after the date the Commission or its delegate approves an operator designation form.(o) Escrow funds.(1) An operator must deposit escrow funds with the Commission each time the operator files an application for an extension of the deadline for plugging an inactive well.(2) The Commission or its delegate may release escrow funds deposited with the Commission only as prescribed by §3.78 of this title.(p) Plugging more than 10% of inactive well inventory. If an operator plugs more than 10% of the number of inactive land wells during a 12-month organization report cycle, the Commission will count the number of plugged wells above 10% toward fulfillment of the 10% blanket option under subsection (f)(2)(B)(i) of this section during the next organization report cycle.", "sourceNote": "Source Note: The provisions of this §3.15 adopted to be\r\neffective September 13, 2010, 35 TexReg 8332; amended to be effective\r\nAugust 15, 2011, 36 TexReg 5096; amended to be effective July 2, 2012,\r\n37 TexReg 4894; amended to be effective January 1, 2017, 41 TexReg\r\n9465; amended to be effective December 8, 2025, 50 TexReg 7882." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224062", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.16", "label": "Log and Completion or Plugging Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224063", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Electric log--A density, sonic, or resistivity (except dip meter) log run over the entire wellbore.(2) Drilling operation--A continuous effort to drill or deepen a wellbore for which the commission has issued a permit.(3) Operator--A person who assumes responsibility for the regulatory compliance of a well as shown by a form the person files with the commission and the commission approves.(4) Well--A well drilled for any purpose related to exploration for or production or storage of oil or gas or brine or geothermal resources, including a well drilled for injection of fluids to enhance hydrocarbon recovery, injection of spent brine return fluids, disposal of produced fluids, disposal of waste from exploration or production activity, or brine mining.(b) Completion and plugging reports.(1) The operator of a well shall file with the commission the appropriate completion report within 90 days after completion of the well or within 150 days after the date on which the drilling operation is completed, whichever is earlier.(2) The operator of a well shall file with the Commission an amended completion report within 30 days of any physical changes made to the well, such as any change in perforations, or openhole or casing records.(3) If the well is a dry hole, the operator shall file with the commission an appropriate plugging report within 30 days after the well is plugged.(c) Electric logs. Except as otherwise provided in this section, not later than the 90th day after the date a drilling operation is completed, the operator shall file with the commission a legible and unaltered copy of an electric log, except that where a well is deepened, a legible and unaltered copy of an electric log shall be filed if such log is run over a deeper interval than the interval covered by an electric log for the well already on file with the commission. In the event an electric log, as defined in this section, has not been run, subject to the commission's approval, the operator shall file a lithology log or gamma ray log of the entire wellbore. In the event no log has been run over the entire wellbore, subject to the commission's approval, the operator shall file the log which is the most nearly complete of the logs run. An electric log shall be filed with the commission electronically in a digital format acceptable to the commission, when the commission has the technological capability to receive the electronic filing. Nothing in this subsection requires an operator to run an electric log in conjunction with the drilling or deepening of a well.(d) Delayed filing based on confidentiality. Each log filed with the commission shall be considered public information and shall be available to the public during normal business hours. If the operator of a well desires a log to be confidential, on or before the 90th day after the date a drilling operation is completed, the operator must submit to the Oil and Gas Division in Austin a written request for a delayed filing of the log. If a well is drilled on land submerged in state water, when filing such a request, the operator must retain the log and may delay filing such log for five years beginning from the date the drilling operation was completed. For any other well, the operator must retain the log and may delay filing such log for three years beginning from the date the drilling operation was completed. Logs must be filed with the commission within 30 days after the expiration of the confidentiality period.(e) Sanctions. If an operator fails to file a completion report or log in accordance with the provisions of this section, the commission may refuse to assign an allowable to a well, set the allowable for such well at zero, and/or initiate penalty action pursuant to the Texas Natural Resources Code, Title 3.", "sourceNote": "Source Note: The provisions of this §3.16 adopted to be\r\neffective January 1, 1976; amended to be effective February 20, 1986,\r\n11 TexReg 545; amended to be effective January 30, 2006, 31 TexReg\r\n477; amended to be effective April 28, 2015, 40 TexReg 2273; amended\r\nto be effective February 23, 2016, 41 TexReg 1226; amended to be effective\r\nFebruary 18, 2025, 50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224063", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.17", "label": "Pressure on Bradenhead" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All wells shall be equipped with a Bradenhead. Whenever pressure develops between any two strings of casing, the district office shall be notified immediately. No cement may be pumped between any two strings or pipe at the top of the hole, except after permission has been granted by the district office. (b) Any well showing pressure on the Bradenhead, or leaking gas, oil, brine, or geothermal resource between the surface and the production or oil string shall be tested in the following manner. The well shall be killed and pump pressure applied through the tubing head. Should the pressure gauge on the Bradenhead reflect the applied pressure, the casing shall be condemned and a new production or oil string shall be run and cemented. This method shall be used when the origin of the pressure cannot be determined otherwise.", "sourceNote": "Source Note: The provisions of this §3.17 adopted to be\r\neffective January 1, 1976; amended to be effective February 18, 2025,\r\n50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.18", "label": "Mud Circulation Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7497", "queryAsDate": "03/11/2026" }, "ruleBody": "When coming out of the hole with the drill pipe, drilling fluid shall be circulated until equalized, and a fill-up line shall be turned into the casing to insure a full load of fluid on the bottom of the hole at all times.", "sourceNote": "Source Note: The provisions of this §3.18 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7497", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.19", "label": "Density of Mud-Fluid" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223567", "queryAsDate": "03/11/2026" }, "ruleBody": "In cable tool drilling, no operator shall drill into a known oil, gas, or geothermal resource producing formation with water from a higher formation in the hole, or with a sufficient head of water introduced into the hole to prevent gas blowing to the surface. The well shall either be allowed to blow until it has been drilled-in or it shall be drilled under a head of fluid whose weight shall average not less than 9 1/2 pounds per gallon; but in no case shall gas be allowed to blow for a longer period than three days after completion of the well. Mud-laden fluid used for protecting oil, gas, or geothermal resource bearing sands in upper formations while oil, gas, or geothermal resource is being produced from deeper formations shall have an average weight of not less than 91 pounds per gallon.", "sourceNote": "Source Note: The provisions of this §3.19 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223567", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.20", "label": "Notification of Fire Breaks, Leaks, or Blow-outs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements.(1) Operators shall give immediate notice of a fire, leak, spill, or break to the appropriate commission district office by telephone or telegraph. Such notice shall be followed by a letter giving the full description of the event, and it shall include the volume of crude oil, gas, geothermal resources, other well liquids, or associated products lost.(2) All operators of any oil wells, gas wells, geothermal wells, pipelines receiving tanks, storage tanks, or receiving and storage receptacles into which crude oil, gas, or geothermal resources are produced, received, stored, or through which oil, gas, or geothermal resources are piped or transported, shall immediately notify the commission by letter, giving full details concerning all fires which occur at oil wells, gas wells, geothermal wells, tanks, or receptacles owned, operated, or controlled by them or on their property, and all such persons shall immediately report all tanks or receptacles struck by lightning and any other fire which destroys crude oil, natural gas, or geothermal resources, or any of them, and shall immediately report by letter any breaks or leaks in or from tanks or other receptacles and pipelines from which oil, gas, or geothermal resources are escaping or have escaped. In all such reports of fires, breaks, leaks, or escapes, or other accidents of this nature, the location of the well, tank, receptacle, or line break shall be given by county, survey, and property, so that the exact location thereof can be readily located on the ground. Such report shall likewise specify what steps have been taken or are in progress to remedy the situation reported and shall detail the quantity (estimated, if no accurate measurement can be obtained, in which case the report shall show that the same is an estimate) of oil, gas, or geothermal resources, lost, destroyed, or permitted to escape. In case any tank or receptacle is permitted to run over, the escape thus occurring shall be reported as in the case of a leak. (Reference Order Number 20-60,399, effective 9-24-70.)(b) The report hereby required as to oil losses shall be necessary only in case such oil loss exceeds five barrels in the aggregate.(c) Any operation with respect to the pickup of pipeline break oil shall be done subject to the following provisions. The provisions hereafter set out shall not apply to the picking up and the returning of pipeline break oil to the pipeline from which it escaped either at the place of the pipeline break, or at the nearest pipeline station to the break where facilities are available to return such oil to the pipeline; provided, that such operations are conducted by the pipeline operator at the time of the pipeline break and its repair; provided, further, that such authority as is herein granted for the picking up of pipeline break oil shall not relieve the operator of such pipeline of notifying the commission of such pipeline break, and the furnishing to the commission of the information required by the provisions set out in subsection (a) of this section for reporting such pipeline breaks.(1) Any person desiring to pick up, reclaim, or salvage pipeline break oil, other than as provided in this subsection, shall obtain in writing a permit before commencing operations. All applications for permits to pick up, reclaim, or salvage such oil shall be made in writing under oath to the district office.(2) Applications to pick up, reclaim, or salvage pipeline break oil shall state the location of such oil, the location of the break in the pipeline causing the leakage of such oil, the name of the pipeline, the owner thereof, and the date of the break.(3) Pipeline break oil that is not returned to the pipeline from which it escaped shall be offered to the applicant to reclaim by the operator of such pipeline but shall be charged to such pipeline stock account.", "sourceNote": "Source Note: The provisions of this §3.20 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.21", "label": "Fire Prevention and Swabbing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223568", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No hydrocarbon flow tank, unless entirely buried, shall hereafter be placed nearer than 150 feet from any derrick, rig, building, power plant, or boiler of any description. The director of the Oil and Gas Division or his delegate may administratively grant exceptions to this requirement. If the director of the Oil and Gas Division declines to administratively grant, continue, or extend an exception, the operator shall move the hydrocarbon flow tank to the required distance or request a hearing on the matter. After hearing, the examiner shall recommend final action to the commission.(b) No field working hydrocarbon tank having a capacity of 10,000 barrels or more shall be built nearer than 200 feet (measured from shell to shell) to any other like tank.(c) No person engaged in the production, transportation, storage, handling, refining, reclaiming, processing, treating, or marketing of crude petroleum oil or the products or by-products thereof shall store, either permanently or temporarily, crude petroleum oil or the products and by-products thereof in open pits or earthen storage.(d) All oil tanks where there is a gas hazard shall be gas tight and provided with proper gas vents.(e) No forge or open light shall be placed inside the derrick of a well showing oil or gas.(f) Boilers must be equipped with steam lines for fighting fire and must not be set nearer than 150 feet to any producing well.(g) All wells shall be cleaned into a pit not less than 40 feet from the derrick floor and 150 feet from any fire hazard.(h) No boiler or electric lighting generator shall be placed or remain nearer than 150 feet to any producing well or oil tank.(i) Any rubbish or debris that might constitute a fire hazard shall be removed to a distance of at least 150 feet from the vicinity of any well, tank, or pump station. All waste shall be burned or disposed of in such manner as to avoid creating a fire hazard.(j) Dikes or fire walls shall not be required except such fire walls must be erected and kept around all permanent oil tanks, or battery of tanks, that are within the corporate limits of any city, town, or village; or where such tanks are closer than 500 feet to any highway or inhabited dwelling or closer than 1,000 feet to any school or church; or where such tanks are so located as to be deemed by the commission to be an objectionable hazard.(k) Swabbing, bailing, or air jetting of wells is prohibited as a production method for wells unless the Commission has, after notice and hearing, granted an exception to this subsection. The Commission shall give notice of the hearing at least 10 days prior to the date of the hearing.(1) An operator seeking an exception to allow swabbing, bailing, or air jetting of a well shall:(A) provide the Commission with the names and mailing addresses of the mineral interest owners of record and surface owners of record of the lease on which a well for which an exception is sought is located;(B) present evidence at the hearing establishing:(i) the method of production proposed;(ii) that any production is properly accounted for pursuant to §3.26 of this title (relating to Separating Devices, Tanks, and Surface Commingling of Oil);(iii) that the proposed exception is necessary to prevent waste or protect correlative rights;(iv) that wellhead control is sufficient to prevent releases from the well;(v) that no pollution of usable quality water or safety hazard will result from either the proposed production method or the condition of the well; and(vi) that the operator possesses a continuing good faith claim to the right to operate the well.(2) In addition to the information set out in paragraph (1) of this subsection, factors that the Commission may consider in ruling on a request for an exception include:(A) whether the well has passed a mechanical integrity test within the preceding 12 months;(B) the estimated monthly and cumulative production from the well if the requested exception is granted;(C) whether production will be into an on-lease tank battery or a mobile tank;(D) the adequacy of the financial assurance provided by the operator to assure that the well will be timely and properly plugged;(E) whether production volume, fine sands in the reservoir, or other factors render pumping of the well impracticable;(F) whether the reservoir from which the well produces contains hydrogen sulfide; and(G) the operator's history of compliance with Commission rules.(3) This section does not prohibit swabbing as a non-recurring method to start initial production, to test or clean out a well, or to restore a well to flowing or pumping status.(l) Operation and maintenance of electrical power lines. An operator must construct, operate, and maintain an electrical power line serving a well site or other surface facility employed in operations incident to oil and gas development and production in accordance with the National Electrical Code published by the National Fire Protection Association and adopted by the Texas Department of Licensing and Regulation in §73.100 of this title (relating to Technical Requirements).", "sourceNote": "Source Note: The provisions of this §3.21 adopted to be effective January 1, 1976, amended to be effective October 3, 1980, 5 TexReg 3794; amended to be effective October 2, 2002, 27 TexReg 9149; amended to be effective September 13, 2010, 35 TexReg 8332." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223568", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.22", "label": "Protection of Birds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223569", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an operator who maintains a tank or pit does not take protective measures necessary to prevent harm to birds, the operator may incur liability under federal and state wildlife protection laws. Federal statutes, such as the Migratory Bird Treaty Act, provide substantial penalties for the death of certain species of birds due to contact with oil in a tank or pit. These penalties may include imprisonment. State statutes also protect certain species of birds. The Railroad Commission of Texas (commission) is cooperating with federal and state wildlife authorities in their efforts to protect birds.(b) An operator must screen, net, cover, or otherwise render harmless to birds the following categories of open-top tanks and pits associated with the exploration, development, and production of oil and gas, including transportation of oil and gas by pipeline:(1) open-top storage tanks that are eight feet or greater in diameter and contain a continuous or frequent surface film or accumulation of oil; however, temporary, portable storage tanks that are used to hold fluids during drilling operations, workovers, or well tests are exempt; and(2) skimming pits or collecting pits that are used as skimming pits that are permitted under Chapter 4 of this title (relating to Environmental Protection), Subchapter A (relating to Oil and Gas Waste Management).(c) If the commission finds a surface film or accumulation of oil in any other pit regulated under Chapter 4 of this title (relating to Environmental Protection), specifically Subchapter A (relating to Oil and Gas Waste Management), the commission will instruct the operator to remove the oil. If the operator fails to remove the oil from the pit in accordance with the commission's instructions or if the commission finds a surface film or accumulation of oil in the pit again within a 12-month period, the commission will require the operator to screen, net, cover, or otherwise render the pit harmless to birds. Before complying with this requirement, the operator will have a right to a hearing upon request. In addition to the enforcement actions specified by this subsection, the commission may take any other appropriate enforcement actions within its authority.", "sourceNote": "Source Note: The provisions of this §3.22 adopted to be effective September 1, 1991, 16 TexReg 2523; amended to be effective November 1, 1991, 16 TexReg 4737; amended to be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223569", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.23", "label": "Vacuum Pumps" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223570", "queryAsDate": "03/11/2026" }, "ruleBody": "The installation of a vacuum pump or other device for the purpose of putting vacuum on any gas or oil-bearing formation, or the application of any vacuum to any gas or oil-bearing formation is prohibited, except as follows.(1) If casinghead gas is utilized in a casinghead-gas plant, vacuum may be used, but no more than is sufficient to gather the gas and deliver it at the plant. In no event shall more than two points of vacuum (two inches of mercury) be used at the casinghead.(2) In a field which is depleted or practically depleted vacuum may be used, but no vacuum pump shall be installed or used without a permit from the commission obtained upon application after notice to adjacent lease owners and operators and a public hearing on such application.", "sourceNote": "Source Note: The provisions of this §3.23 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223570", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.24", "label": "Check Valves Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194141", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Where two or more wells are being produced through a common line, a common separator, or a common manifold, the flow lines leading from each well to such common line, common separator, or common manifold shall be equipped with a check valve or other means of shut-off which shall at all times be kept in good working order. The check valve or other means of shut-off shall be placed in each flow line above the surface of the ground and shall be located in the flow line as close to the wellhead connection as is practicable. Where a manifold system is employed in which each well produced through the manifold system has its own individual flow line leading from the wellhead to the manifold, then it shall be permissible for the check valve or other means of shut-off to be placed in the flow line near a point where the flow line enters the manifold system. The check valve or other means of shut-off must be above ground, and must be in the flow line serving the well and must be located between the wellhead and the point where the flow line connects with any other flow line, common separator, or common manifold. Each check valve or other means of shut-off shall be placed in the flow line serving the well so that it will permit the passage of fluids from the well and will act as a check to prevent any fluid from entering the well through the flow line from any outside source.(b) Operator shall do all things necessary to keep the check valve or other means of shut-off in good working order, and operators, when requested by an agent of the commission, will test the check valve or other means of shut-off for leakage.", "sourceNote": "Source Note: The provisions of this §3.24 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194141", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.25", "label": "Use of Common Storage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194142", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Where oil and/or other liquid hydrocarbons are produced from two or more separate reservoirs or zones and separate proration schedules are published by the Commission for each reservoir or zone, the use of common storage is authorized as long as the requirements of §3.26 and §3.27 of this title (relating to Separating Devices, Tanks, and Surface Commingling of Oil, and Gas to be Measured and Surface Commingling of Gas, respectively) are met. An operator utilizing common storage pursuant to this section shall not be required to file a separate Form P-4, Certificate of Compliance and Transportation Authority, for each reservoir or zone, but may file one form to authorize the transportation of oil or gas from all reservoirs or zones producing into common storage.(b) A gatherer transporting oil from such common storage shall not be required to file a separate transporter's report for each separate reservoir or zone or each separate lease but shall file such report on a combined basis for the total amount of commingled oil in common storage.(c) The operator of a lease or leases for which the Commission has authorized the use of common storage of oil produced from two or more reservoirs or zones and from two or more leases shall file Form PR, Monthly Production Report, for each separate reservoir or zone and/or for each separate lease and, in addition thereto, said operator shall file a report showing the data included on the individual reports on a combined basis for the total amount of commingled oil in common storage.", "sourceNote": "Source Note: The provisions of this §3.25 adopted to be effective January 1, 1976; amended to be effective January 30, 2007, 32 TexReg 287; amended to be effective February 25, 2019, 44 TexReg 812." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194142", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.26", "label": "Separating Devices, Tanks, and Surface Commingling of Oil" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194143", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Where oil and gas are found in the same stratum and it is impossible to separate one from the other, or when a well has been classified as a gas well and such gas well is not connected to a cycling plant and such well is being produced on a lease and the gas is utilized under Texas Natural Resources Code §§86.181 - 86.185, the operator shall install a separating device of approved type and sufficient capacity to separate the oil and liquid hydrocarbons from the gas.(1) A separating device shall be kept in place as long as a necessity for it exists, and its use shall not be discontinued without the consent of the Commission.(2) All oil and any other liquid hydrocarbons as and when produced shall be adequately measured pursuant to paragraphs (3) and (4) of this subsection before the same leaves the lease from which they are produced, except for gas wells where the full well stream is moved to a plant or central separation facility in accordance with §3.55 of this title (relating to Reports on Gas Wells Commingling Liquid Hydrocarbons before Metering) (Statewide Rule 55) and the full well stream is measured, with each completion being separately measured, before the gas leaves the lease. If an operator commingles production pursuant to subsection (b) of this section, the operator shall comply with paragraphs (3) and (4) of this subsection but the operator is not required to measure the production stream before it leaves the lease.(3) Sufficient tankage and separator capacity shall be provided by the producer to adequately take daily gauges of all oil and any other liquid hydrocarbons unless LACT equipment, installed and operated in accordance with the latest revision of American Petroleum Institute (API) Manual of Petroleum Measurement Standards, Chapter 6.1 or another method approved by the Commission or its delegate, is being used to effect custody transfer.(4) For Commission purposes, the measurement requirements of this section are satisfied by the use of coriolis or turbine meters or any other measurement device or technology that conforms to standards established, as of the time of installation, by the American Petroleum Institute (API) or the American Gas Association (AGA) for measuring oil or gas, as applicable, or approved by the Director of the Oil and Gas Division as an accurate measurement technology.(b) Surface commingling of oil, gas, or oil and gas production from two or more tracts of land producing from the same Commission-designated reservoir or from one or more tracts of land producing from different Commission-designated reservoirs is permitted and authorized if:(1) the operator measures the production stream from each tract and each Commission-designated reservoir separately before combining it with a stream from another tract or Commission-designated reservoir; or(2) the tracts and Commission-designated reservoirs have identical working interest and royalty interest ownership in identical percentages.(c) Production that complies with subsection (b) of this section is authorized even if the separator, metering, or storage is located off the tract or tracts. If production is surface commingled pursuant to subsection (b) of this section, the operator shall file Form P-17A, Application for Commingle Permit Pursuant to Rules 26 and/or 27.(d) If an operator does not meet the requirements of subsection (b) of this section, the Commission may approve surface commingling of oil, gas, or oil and gas production from two or more tracts of land producing from the same Commission-designated reservoir or from one or more tracts of land producing from different Commission-designated reservoirs in order to prevent waste, to promote conservation, or to protect correlative rights.(1) Administrative approval. After receipt of a completed Form P-17, the Commission may grant approval for surface commingling administratively when the tracts or Commission-designated reservoirs do not have identical working interest and royalty interest ownership in identical percentages and the Commission has not received a protest to an application within 21 days of notice of the application being mailed by the applicant to all working and royalty interest owners or, if publication is required, within 21 days of the date of last publication and the applicant provides:(A) a method of allocating production to ensure the protection of correlative rights, in accordance with subsection (e) of this section; and(B) an affidavit or other evidence that all working interest and royalty interest owners have been notified of the application by certified mail or have provided applicant with waivers of notice requirements; or(C) in the event the applicant is unable, after due diligence, to provide notice by certified mail to all working interest and royalty interest owners, a publisher's affidavit or other evidence that the Commission's notice of application has been published once a week for two consecutive weeks in a newspaper of general circulation in the county or counties in which the tracts that are the subject of the application are located.(2) Request for hearing. When the tracts or Commission-designated reservoirs do not have identical working interest and royalty interest ownership in identical percentages and a person entitled to notice of the application has filed a protest to the application with the Commission, the applicant may request a hearing on the application. The Commission shall give notice of the hearing to all working interest and royalty interest owners. The Commission may permit the commingling if the applicant demonstrates that the proposed commingling will protect the rights of all interest owners in accordance with subsection (e) of this section and will prevent waste, promote conservation or protect correlative rights.(e) Reasonable allocation required. The applicant must demonstrate to the Commission or its designee that the proposed commingling of hydrocarbons will not harm the correlative rights of the working or royalty interest owners of any of the wells to be commingled. The method of allocation of production to individual interests must accurately attribute to each interest its fair share of aggregated production.(1) In the absence of contrary information, such as indications of material fluctuations in the monthly production volume of a well proposed for commingling, the Commission will presume that allocation based on the daily production rate for each well as determined and reported to the Commission by semi-annual well tests will accurately attribute to each interest its fair share of production without harm to correlative rights. As used in this section, \"daily production rate\" for a well means the 24 hour production rate determined by the most recent well test conducted and reported to the Commission in accordance with §§3.28, 3.52, 3.53, and 3.55 of this title (relating to Potential and Deliverability of Gas Wells to be Ascertained and Reported, Oil Well Allowable Production, Annual Well Tests and Well Status Reports Required, and Reports on Gas Wells Commingling Liquid Hydrocarbons before Metering).(2) Operators may test commingled wells annually after approval by the Commission or the Commission's delegate of the operator's written request demonstrating that annual testing will not harm the correlative rights of the working or royalty interest owners of the commingled wells. Allocation of commingled production shall not be based on well tests conducted less frequently than annually.(3) Nothing in this section prohibits allocations based on more frequent well tests than the semi-annual well test set out in paragraph (1) of this subsection. Additional tests used for allocation do not have to be filed with the Commission but must be available for inspection at the request of the Commission, working interest owners or royalty interest owners.(4) Allocations may be based on a method other than periodic well tests if the Commission or its designee determines that the alternative allocation method will insure a reasonable allocation of production as required by this paragraph.(f) An operator that commingles production from different Commission-designated reservoirs, whether under subsection (b) or (c) of this section, shall comply with §3.10 of this title (relating to Restriction of Production of Oil and Gas from Different Strata).(g) An operator that commingles production, whether under subsection (b) or (c) of this section, shall review and correct any forms related to its commingle permit as necessary in order to maintain accurate information on file with the Commission.(h) If oil or any other liquid hydrocarbon is produced from a lease or other property covered by the coastal or inland waters of the state, the liquid produced may, at the option of the operator, be measured on a shore or at a point removed from the lease or other property on which it is produced.(i) Oil gravity tests and reports (Reference Order Number 20-55, 647, effective 4-1-66, and Reference Order Number 20-58, 528, effective 5-10-68.)(1) Where individual lease oil production, or authorized commingled oil production, separator, treating, and/or storage vessels, other than conventional emulsion breaking treaters, are connected to a gas gathering system so that heat or vacuum may be applied prior to oil measurement for Commission-required production reports, the operator may, at the operator's option, apply heat or vacuum to the oil only to the extent the average gravity of the stock tank oil will not be reduced below a limiting gravity for each lease as established by an average oil gravity test conducted under the following conditions (Reference Order Number 20-55, 647, effective 4-1-66):(A) the separator or separator system, which shall include any type vessel that is used to separate hydrocarbons, shall be operated at not less than atmospheric pressure;(B) no heat shall be applied;(C) the test interval shall be for a minimum of 24 hours, and the average oil gravity after weathering for not more than 24 hours shall then become the limiting gravity factor for applying heat or vacuum to unmeasured oil on the tested lease.(2) Initial gravity tests shall be made by the operator when such separator, treating, and/or storage vessels are first used pursuant to this section. Subsequent tests shall be made at the request of either the Commission or any interested party; and such subsequent tests shall be witnessed by the requesting party. Any interested party may witness the tests.(3) Each operator shall enter on the required production report the gravity of the oil delivered to market from the lease reported, and it is provided that should a volume of oil delivered to market from such lease separation facilities not meet the gravity requirement established by the described test, adjustment shall be made by charging the allowable of the lease on the relationship of the volume and the gravity of the particular crude.(4) Where a conventional heater treater is required and is used only to break oil from an emulsion prior to oil measurement, this section will not be applicable; provided, however, that by this limitation on the section, it is not intended that excessive heat may be used in conventional heater treater, and in circumstances where such heater treater is connected to a gas gathering system and it is found by Commission investigation made on its own volition or on complaint of any interested party that excessive heat is used, either the provisions of this section or special restrictive regulation may be made applicable.", "sourceNote": "Source Note: The provisions of this §3.26 adopted January 1, 1976; amended to be effective February 23, 1979, 4 TexReg 436; amended to be effective March 10, 1986, 11 TexReg 901; amended to be effective February 18, 1994, 19 TexReg 783; amended to be effective June 23, 1997, 22 TexReg 5747; amended to be effective May 1, 2000, 25 TexReg 3741; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective April 28, 2015, 40 TexReg 2275; amended to be effective February 25, 2019, 44 TexReg 812." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194143", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.27", "label": "Gas to be Measured and Surface Commingling of Gas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All natural gas, except casinghead gas, produced from wells shall be measured, with each completion being measured separately, before the gas leaves the lease, and the producer shall report the volume produced from each completion to the Commission. For Commission purposes, the measurement requirements of this section are satisfied by the use of coriolis or turbine meters or any other measurement device or technology that conforms to standards established, as of the time of installation, by the American Petroleum Institute (API) or the American Gas Association (AGA) for measuring oil or gas, as applicable, or approved by the Director of the Oil and Gas Division as an accurate measurement technology. Exceptions to this provision may be granted by the Commission upon written application.(b) All casinghead gas sold, processed for its gasoline content, used in a field other than that in which it is produced, or used in cycling or repressuring operations, shall be measured before the gas leaves the lease, and the producer shall report the volume produced to the Commission. Exceptions to this provision may be granted by the Commission upon written application.(c) All casinghead gas produced in this state which is not covered by the provisions of subsection (b) of this section, shall be measured before the gas leaves the lease, is used as fuel, or is released into the air, based on its use or on periodic tests, and reported to the Commission by the producer. The volume of casinghead gas produced by wells exempt from gas/oil ratio surveys must be estimated, based on general knowledge of the characteristics of the wells. Exceptions to this provision may be granted by the Commission upon written application.(d) Releases and production of gas at a volume or daily flow rate, commonly referred to as \"too small to measure\" (TSTM), which, due to minute quantity, cannot be accurately determined or for which a determination of gas volume is not reasonably practical using routine oil and gas industry methods, practices, and techniques are exempt from compliance with this rule and are not required to be reported to the Commission or charged against lease allowable production.(e) The Commission may approve surface commingling of gas or oil and gas described in subsections (a), (b) or (c) of this section and produced from two or more tracts of land producing from the same Commission-designated reservoir or from one or more tracts of land producing from different Commission-designated reservoirs in accordance with §3.26 of this title (relating to Separating Devices, Tanks, and Surface Commingling of Oil).(f) In reporting gas well production, the full-well stream gas shall be reported and charged against each gas well for allowable purposes. All gas produced, including all gas used on the lease or released into the air, must be reported regardless of its disposition.(g) If gas is produced from a lease or other property covered by the coastal or inland waters of the state, the gas produced may, at the option of the operator, be measured on a shore or at a point removed from the lease or other property from which it was produced.(h) All natural hydrocarbon gas produced and utilized from wells completed in geothermal resource reservoirs shall be measured and allocated to each individual lease based on semiannual tests conducted on full well stream lease production.(i) For purposes of this rule, \"measured\" shall mean a determination of gas volume in accordance with this rule and other rules of the Commission, including accurate estimates of unmetered gas volumes released into the air or used as fuel.(j) No meter or meter run used for measuring gas as required by this rule shall be equipped with a manifold which will allow gas flow to be diverted or bypassed around the metering element in any manner unless it is of the type listed in paragraphs (1) or (2) of this subsection:(1) double chambered orifice meter fittings with proper meter manifolding to allow equalized pressure across the meter during servicing;(2) double chambered or single chambered orifice meter fittings equipped with proper meter manifolding or other types of metering devices accompanied by one of the following types of meter inspection manifolds:(A) a manifold with block valves on each end of the meter run and a single block valve in the manifold complete with provisions to seal and a continuously maintained seal record;(B) an inspection manifold having block valves at each end of the meter run and two block valves in the manifold with a bleeder between the two and with one valve equipped with provisions to seal and continuously maintained seal records;(C) a manifold equipped with block valves at each end of the meter run and one or more block valves in the manifold, when accompanied by a documented waiver from the owner or owners of at least 60% of the royalty interest and the owner or owners of at least 60% of the working interest of the lease from which the gas is produced.(k) Whenever sealing procedures are used to provide security in the meter inspection manifold systems, the seal records shall be maintained for at least three years at an appropriate office and made available for Commission inspection during normal working hours. At any time a seal is broken or replaced, a notation will be made on the orifice meter chart along with graphic representation of estimated gas flow during the time the meter is out of service.(l) All meter requirements apply to all meters which are used to measure lease production, including sales meters if sales meter volumes are allocated back to individual leases.(m) The Commission may grant an exception to measurement requirements under subsections (a), (b) and (c) of this section if the requirements of this subsection are met. An exception granted under this subsection will be revoked if the most recent well test or production reported to the Commission reflects a production rate of more than 20 MCF of gas per day or if any of the other requirements for an exception under this subsection are no longer satisfied. An applicant seeking an exception under this subsection must file an application establishing:(1) the most recent production test reported to the Commission demonstrates that the gas well or oil lease for which an exception is sought produces at a rate of no more than 20 MCF of gas per day;(2) an annual test of the production of the gas well or oil lease provides an accurate estimate of the daily rate of gas flow;(3) the flow rate established in paragraph (2) of this subsection multiplied by the recorded duration determined by any device or means that accurately records the duration of production each month yields an accurate estimate of monthly production; and(4) the operator of the pipeline connected to the gas well or oil lease concurs in writing with the application.(n) Failure to comply with the provisions of this rule will result in severance of the producing well, lease, facility, or gas pipeline or in other appropriate enforcement proceeding.", "sourceNote": "Source Note: The provisions of this §3.27 adopted to be effective January 1, 1976; amended to be effective April 12, 1983, 8 TexReg 1019; amended to be effective March 10, 1986, 11 TexReg 901; amended to be effective June 23, 1997, 22 TexReg 5747; amended to be effective April 28, 2015, 40 TexReg 2275; amended to be effective February 25, 2019, 44 TexReg 812." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181307", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.28", "label": "Potential and Deliverability of Gas Wells to be Ascertained and Reported" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154595", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The information necessary to determine the absolute daily open flow potential of each producing associated or nonassociated gas well shall be ascertained, and a report shall be filed as required with the Commission within 90 days of completion of the well. The test shall be performed in accordance with the Commission's publication, Back Pressure Test for Natural Gas Wells, State of Texas, or other test procedure approved in advance by the Commission and shall be reported on the Commission's prescribed form. An operator may determine absolute open flow potential from a stabilized one-point test. For a one-point test, the well shall be flowed on a single choke setting until a stabilized flow is achieved, but not less than 72 hours. The shut-in and flowing bottom hole pressures shall be calculated in the manner prescribed for a four-point test. The Commission may authorize a one-point test of shorter duration for a well which is not connected to a sales line, but a test which is in compliance with this section must be conducted and reported after the well is connected before an allowable will be assigned to the well. Back-dating of allowables will be performed in accordance with §3.31 of this title (relating to Gas Reservoirs and Gas Well Allowable).(b) After conducting the test required by subsection (a) of this section each operator of a gas well shall conduct an initial deliverability test and report the test results on the Commission's prescribed form not later than 90 days after completion of the well. If a 72-hour one-point back pressure test on a well connected to a sales line was conducted as provided in subsection (a) of this section, the same test may be used to determine initial deliverability, provided the test was conducted in accordance with subsection (c) of this section.(1) After the initial deliverability test has been conducted, the following schedule for well testing applies:(A) Nonassociated gas wells shall be tested semiannually.(B) Associated gas wells described in §3.49(b) of this title (relating to Gas-Oil Ratio) shall be tested annually.(C) Wells with current reported deliverability of 100 Mcf a day or less are not required to test as long as deliverability and production remain at or below 100 Mcf a day but are required to file Form G-10 according to the instructions on the form.(D) Wells with a deliverability greater than 100 Mcf a day and less than or equal to 250 Mcf a day in fields without special field rules are not required to be tested as long as deliverability and production remain equal to or less than 250 Mcf a day.(2) Notwithstanding any of the provisions in this section on frequency of testing, gas wells commingling liquid hydrocarbons before metering must comply with the testing provisions applicable to such wells.(3) All deliverability tests shall be conducted in accordance with subsection (c) of this section and the instructions printed on the Form G-10. The results of each test shall be attested to by the operator or its appointed agent. The first purchaser or its representative upon request to the operator shall have the right to witness such tests. Gas meter charts, printouts, or other documents showing the actual measurement of the gas produced or other data required to be recorded during any deliverability test conducted under this subsection shall be preserved as required by §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements).(4) In the event that the first purchaser and the operator cannot agree upon the validity of the test results, then either party may request a retest of the well. The first purchaser upon request to the operator shall have the right to witness the retest. If either party requests a representative from the Commission to witness a retest of the well, the results of a Commission-witnessed test shall be conclusive for the purposes of this section until the next regularly scheduled test of the well. In the event a retest is witnessed by the Commission, the retest shall be signed by the representative of the Commission.(5) In the event that downhole remedial work or other substantial production enhancement work is performed, or if a pumping unit, compressor, or other equipment is installed to increase deliverability of a well subject to the Commission-witnessed testing procedure described in this subsection, a new test may be requested and shall be performed according to the procedure outlined in this subsection.(c) Unless applicable special field rules provide otherwise or the director of the oil and gas division or the director's delegate authorizes an alternate procedure due to a well's producing characteristics, deliverability tests shall be performed as follows. Deliverability tests shall be scheduled by the producer within the testing period designated by the Commission, and only the recorded data specified by the Form G-10 is required to be reported. All deliverability tests shall be performed by producing the subject well at stabilized rates for a minimum time period of 72 hours. A deliverability test shall be conducted under normal and usual operating conditions using the normal and usual operating equipment in place on the well being tested, and the well shall be produced against the normal and usual line pressure prevailing in the line into which the well produces. The average daily producing rate for each 24-hour period, the wellhead pressure before the commencement of the 72-hour test, and the flowing wellhead pressure at the beginning of each 24-hour period shall be recorded. In addition, a 24-hour shut-in wellhead pressure shall be determined either within the six-month period prior to the commencement of the 72-hour deliverability test or immediately after the completion of the deliverability test. The shut-in wellhead pressure that was determined and the date on which the 24-hour test was commenced shall be recorded on Form G-10. Exceptions and extensions to the timing requirements for deliverability tests and shut-in wellhead pressure tests may be granted by the Commission for good cause. The flow rate during each day of the first 48 hours of the test must be as close as possible to the flow rate during the final 24 hours of the test, but must equal at least 75% of such flow rate. The deliverability of the well during the last 24 hours of the flow test shall be used for allowable and allocation purposes. If pipeline conditions exist such that a producer believes a representative deliverability test cannot be performed, the producer with pipeline notification may request in writing that the Commission use either of the following as the deliverability of record:(1) the deliverability test performed during the previous testing period; or(2) the maximum daily production from any of the 12 months prior to the due date of the test as determined by dividing the highest monthly production by the number of days in that month.(d) After the initial deliverability test, an operator may elect not to perform and/or file a subsequent deliverability test for a well. In those cases, the Commission shall use the lesser of the following as the deliverability of record for the purpose of this section:(1) the results of the most recent deliverability test on file with the Commission; or(2) the maximum daily production from any of the 12 months prior to the due date of the test as determined by dividing the highest monthly production by the number of days in that month.(e) Notwithstanding subsection (d) of this section, a deliverability test must be performed on a well in accordance with this section:(1) at initial completion of the well;(2) at recompletion of the well into a different regulatory field;(3) at reclassification of the well from oil to gas;(4) when the well is an inactive well as defined in §3.15 of this title (relating to Surface Equipment Removal Requirements and Inactive Wells) and the operator resumes production from the well;(5) when the well is completed in a regulatory field where the allocation formula is based in whole or in part on the downhole pressure of the well, and that allocation formula is not suspended;(6) when necessary to reinstate an allowable; or(7) when required by Commission order, special field rule, or other Commission rule.(f) If the deliverability of a well changes after a test is reported to the Commission, the deliverability of record for a well will be decreased upon receipt of a written request from the operator to reduce the deliverability of record to a specified amount. If the deliverability of a well increases, a retest must be conducted in the manner specified in this section and must be reported on Form G-10 before the deliverability of record will be increased.(g) First purchasers with packages of gas dedicated entirely to a downstream purchaser shall coordinate testing with and provide test results to that downstream purchaser if requested by the downstream purchaser. In these cases, the downstream purchaser upon request to the operator shall have the right to witness all deliverability tests and retests.(h) Tests of wells connected to a pipeline shall be made in a manner that no gas is flared, vented, or otherwise wastefully used.", "sourceNote": "Source Note: The provisions of this §3.28 adopted to be effective September 1, 1986, 11 TexReg 3680; amended to be effective October 12, 1998, 23 TexReg 10397; amended to be effective February 28, 2000, 25 TexReg 1592; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective January 1, 2017, 41 TexReg 9470." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154595", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.29", "label": "Hydraulic Fracturing Chemical Disclosure Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223571", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited laboratory--A laboratory as defined in Texas Water Code, §5.801.(2) Additive--Any chemical substance or combination of substances, including a proppant, contained in a hydraulic fracturing fluid that is intentionally added to a base fluid for a specific purpose whether or not the purpose of any such substance or combination of substances is to create fractures in a formation.(3) Adjacent property--A tract of property next to the tract of property on which the subject wellhead is located, including a tract that meets only at a corner point.(4) API number--A unique, permanent, numeric identifier assigned to each well drilled for oil or gas in the United States.(5) Base fluid--The continuous phase fluid type, such as water, used in a particular hydraulic fracturing treatment.(6) Chemical Abstracts Service--The division of the American Chemical Society that is the globally recognized authority for information on chemical substances.(7) Chemical Abstracts Service number or CAS number--The unique identification number assigned to a chemical by the Chemical Abstracts Service.(8) Chemical Disclosure Registry--The chemical registry website known as FracFocus developed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission.(9) Chemical family--A group of chemical ingredients that share similar chemical properties and have a common general name.(10) Chemical ingredient--A discrete chemical constituent with its own specific name or identity, such as a CAS number, that is contained in an additive.(11) Commission--The Railroad Commission of Texas.(12) Delegate--The person authorized by the director to take action on behalf of the Railroad Commission of Texas under this section.(13) Director--The director of the Oil and Gas Division of the Railroad Commission of Texas or the director's delegate.(14) Health professional or emergency responder--A physician, physician's assistant, industrial hygienist, toxicologist, epidemiologist, nurse, nurse practitioner, or emergency responder who needs information in order to provide medical or other health services to a person exposed to a chemical ingredient.(15) Hydraulic fracturing fluid--The fluid, including the applicable base fluid and all additives, used to perform a particular hydraulic fracturing treatment.(16) Hydraulic fracturing treatment--The treatment of a well by the application of hydraulic fracturing fluid under pressure for the express purpose of initiating or propagating fractures in a target geologic formation to enhance production of oil and/or natural gas.(17) Landowner--The person listed on the applicable county appraisal roll as owning the real property on which the relevant wellhead is located.(18) Operator--An operator as defined in Texas Natural Resources Code, Chapter 89.(19) Person--Natural person, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(20) Proppant--Sand or any natural or man-made material that is used in a hydraulic fracturing treatment to prop open the artificially created or enhanced fractures once the treatment is completed. (21) Requestor--A person who is eligible to request information claimed to be entitled to trade secret protection in accordance with Texas Natural Resources Code, §91.851(a)(5).(22) Service company--A person that performs hydraulic fracturing treatments on a well in this state.(23) Supplier--A company that sells or provides an additive for use in a hydraulic fracturing treatment.(24) Total water volume--The total amount of water in gallons used as the carrier fluid for the hydraulic fracturing job. It may include recycled water and newly acquired water.(25) Trade name--The name given to an additive or a hydraulic fracturing fluid system under which that additive or hydraulic fracturing fluid system is sold or marketed.(26) Trade secret--Any formula, pattern, device, or compilation of information that is used in a person's business, and that gives the person an opportunity to obtain an advantage over competitors who do not know or use it. The six factors considered in determining whether information qualifies as a trade secret, in accordance with the definition of \"trade secret\" in the Restatement of Torts, Comment B to Section 757 (1939), as adopted by the Texas Supreme Court in Hyde Corp. v. Huffines, 314 S.W.2d 763, 776 (Tex. 1958), include:(A) the extent to which the information is known outside of the company;(B) the extent to which it is known by employees and others involved in the company's business;(C) the extent of measures taken by the company to guard the secrecy of the information;(D) the value of the information to the company and its competitors;(E) the amount of effort or money expended by the company in developing the information; and(F) the ease or difficulty with which the information could be properly acquired or duplicated by others.(27) Well--A well as defined in Texas Natural Resources Code, Chapter 89.(28) Well completion report--The report an operator is required to file with the Commission following the completion or recompletion of a well, if applicable, in accordance with §3.16(b) of this title (relating to Log and Completion or Plugging Report.)(b) Applicability. This section applies to a hydraulic fracturing treatment performed on a well in the State of Texas for which the Commission has issued an initial drilling permit on or after February 1, 2012.(c) Required disclosures.(1) Supplier and service company disclosures.(A) As soon as possible, but not later than 15 days following the completion of hydraulic fracturing treatment(s) on a well, the supplier or the service company must provide to the operator of the well the following information concerning each chemical ingredient intentionally added to the hydraulic fracturing fluid:(i) each additive used in the hydraulic fracturing fluid and the trade name, supplier, and a brief description of the intended use or function of each additive in the hydraulic fracturing treatment;(ii) each chemical ingredient subject to the requirements of 29 Code of Federal Regulations §1910.1200(g)(2);(iii) all other chemical ingredients not submitted under subparagraph (A) of this paragraph that were intentionally included in, and used for the purpose of creating, hydraulic fracturing treatment(s) for the well;(iv) the actual or maximum concentration of each chemical ingredient listed under clause (i) or clause (ii) of this subparagraph in percent by mass; and(v) the CAS number for each chemical ingredient, if applicable.(B) The supplier or service company must provide the operator of the well a written statement that the specific identity and/or CAS number or amount of any additive or chemical ingredient used in the hydraulic fracturing treatment(s) of the operator's well is claimed to be entitled to protection as trade secret information pursuant to Texas Government Code, Chapter 552. If the chemical ingredient name and/or CAS number is claimed as trade secret information, the supplier or service company making the claim must provide:(i) the supplier's or service company's contact information, including the name, authorized representative, mailing address, and telephone number; and(ii) the chemical family, unless providing the chemical family would disclose information protected as a trade secret.(2) Operator disclosures.(A) On or before the date the well completion report for a well on which hydraulic fracturing treatment(s) was/were conducted is submitted to the Commission in accordance with §3.16(b) of this title, the operator of the well must complete the Chemical Disclosure Registry form and upload the form on the Chemical Disclosure Registry, including:(i) the operator name;(ii) the date of completion of the hydraulic fracturing treatment(s);(iii) the county in which the well is located;(iv) the API number for the well;(v) the well name and number;(vi) the longitude and latitude of the wellhead;(vii) the total vertical depth of the well;(viii) the total volume of water used in the hydraulic fracturing treatment(s) of the well or the type and total volume of the base fluid used in the hydraulic fracturing treatment(s), if something other than water;(ix) each additive used in the hydraulic fracturing treatments and the trade name, supplier, and a brief description of the intended use or function of each additive in the hydraulic fracturing treatment(s);(x) each chemical ingredient used in the hydraulic fracturing treatment(s) of the well that is subject to the requirements of 29 Code of Federal Regulations §1910.1200(g)(2), as provided by the chemical supplier or service company or by the operator, if the operator provides its own chemical ingredients;(xi) the actual or maximum concentration of each chemical ingredient listed under clause (x) of this subparagraph in percent by mass;(xii) the CAS number for each chemical ingredient listed, if applicable; and(xiii) a supplemental list of all chemicals and their respective CAS numbers, not subject to the requirements of 29 Code of Federal Regulations §1910.1200(g)(2), that were intentionally included in and used for the purpose of creating the hydraulic fracturing treatments for the well.(B) If the Chemical Disclosure Registry known as FracFocus is temporarily inoperable, the operator of a well on which hydraulic fracturing treatment(s) were performed must supply the Commission with the required information with the well completion report and must upload the information on the FracFocus Internet website when the website is again operable. If the Chemical Registry known as FracFocus is discontinued or becomes permanently inoperable, the information required by this rule must be filed as an attachment to the completion report for the well, which is posted, along with all attachments, on the Commission's Internet website, until the Commission amends this rule to specify another publicly accessible Internet website.(C) If the supplier, service company, or operator claim that the specific identity and/or CAS number or amount of any additive or chemical ingredient used in the hydraulic fracturing treatment(s) is entitled to protection as trade secret information pursuant to Texas Government Code, Chapter 552, the operator of the well must indicate on the Chemical Disclosure Registry form or the supplemental list that the additive or chemical ingredient is claimed to be entitled to trade secret protection. If a chemical ingredient name and/or CAS number is claimed to be entitled to trade secret protection, the chemical family or other similar description associated with such chemical ingredient must be provided. The operator of the well on which the hydraulic fracturing treatment(s) were performed must provide the contact information, including the name, authorized representative, mailing address, and phone number of the business organization claiming entitlement to trade secret protection.(D) Unless the information is entitled to protection as a trade secret under Texas Government Code, Chapter 552, information submitted to the Commission or uploaded on the Chemical Disclosure Registry is public information.(3) Inaccuracies in information. A supplier is not responsible for any inaccuracy in information that is provided to the supplier by a third party manufacturer of the additives. A service company is not responsible for any inaccuracy in information that is provided to the service company by the supplier. An operator is not responsible for any inaccuracy in information provided to the operator by the supplier or service company.(4) Disclosure to health professionals and emergency responders. A supplier, service company or operator may not withhold information related to chemical ingredients used in a hydraulic fracturing treatment, including information identified as a trade secret, from any health professional or emergency responder who needs the information for diagnostic, treatment or other emergency response purposes subject to procedures set forth in 29 Code of Federal Regulations §1910.1200(i). A supplier, service company or operator must provide directly to a health professional or emergency responder, all information in the person's possession that is required by the health professional or emergency responder, whether or not the information may qualify for trade secret protection under subsection (e) of this section. The person disclosing information to a health professional or emergency responder must include with the disclosure, as soon as circumstances permit, a statement of the health professional's confidentiality obligation. In an emergency situation, the supplier, service company or operator must provide the information immediately upon request to the person who determines that the information is necessary for emergency response or treatment. The disclosures required by this subsection must be made in accordance with the procedures in 29 Code of Federal Regulations §1910.1200(i) with respect to a written statement of need and confidentiality agreements, as applicable.(d) Disclosures not required. A supplier, service company, or operator is not required to:(1) disclose ingredients that are not disclosed to it by the manufacturer, supplier, or service company;(2) disclose ingredients that were not intentionally added to the hydraulic fracturing treatment;(3) disclose ingredients that occur incidentally or are otherwise unintentionally present which may be present in trace amounts, may be the incidental result of a chemical reaction or chemical process, or may be constituents of naturally occurring materials that become part of a hydraulic fracturing fluid; or(4) identify specific chemical ingredients and/or their CAS numbers that are claimed as entitled to trade secret protection based on the additive in which they are found or provide the concentration of such ingredients, unless the Office of the Attorney General, or a court of proper jurisdiction on appeal of a determination by the Office of the Attorney General, determines that the information would not be entitled to trade secret protection under Texas Government Code, Chapter 552, if the information had been provided to the Commission. (e) Trade secret protection.(1) A supplier, service company, or operator is not required to disclose trade secret information, unless the Office of the Attorney General or a court of proper jurisdiction determines that the information is not entitled to trade secret protection under Texas Government Code, Chapter 552.(2) If the specific identity and/or CAS number of a chemical ingredient, the concentration of a chemical ingredient, or both the specific identity and/or CAS number and concentration of a chemical ingredient are claimed or have been finally determined to be entitled to protection as a trade secret under Texas Government Code, Chapter 552, the supplier, service company, or operator, as applicable, may withhold the specific identity and/or CAS number, the concentration, or both the specific identity and/or CAS number and concentration, of the chemical ingredient from the information provided to the operator. If the supplier, service company, or operator, as applicable, elects to withhold that information, the supplier, service company, or operator, as applicable, must provide to the operator or the Commission, as applicable, information that:(A) indicates that the specific identity and/or CAS number of the chemical ingredient, the concentration of the chemical ingredient, or both the specific identity and/or CAS number and concentration of the chemical ingredient are entitled to protection as trade secret information; and(B) discloses the chemical family associated with the chemical ingredient; or(C) discloses the properties and effects of the chemical ingredient(s), the identity of which is withheld.(f) Trade secret challenge.(1) The following persons may submit a request challenging a claim of entitlement to trade secret protection for any chemical ingredients and/or CAS numbers used in the hydraulic fracturing treatment(s) of a well:(A) the landowner on whose property the relevant wellhead is located;(B) the landowner who owns real property adjacent to property described in subparagraph (A) of this paragraph; or(C) a department or agency of this state with jurisdiction over a matter to which the claimed trade secret information is relevant. (2) A requestor must certify in writing to the director, over the requestor's signature, to the following:(A) the requestor's name, address, and daytime phone number;(B) if the requestor is a landowner, a statement that the requestor is listed on the county appraisal roll as owning the property on which the relevant wellhead is located or is listed on the county appraisal roll as owning property adjacent to the property on which the relevant wellhead is located;(C) the county in which the wellhead is located; and(D) the API number or other Railroad Commission of Texas identifying information, such as field name, oil lease name and number, gas identification number, and well number.(3) A requestor may use the following format to provide the written certification required by paragraph (2) of this subsection:Attached Graphic(4) A requestor must file a request no later than 24 months from the date the operator filed the well completion report for the well on which the hydraulic fracturing treatment(s) were performed. A landowner who owned the property on which the wellhead is located, or owned adjacent property, on or after the date the operator filed with the Commission the completion report for the subject well may challenge a claim of entitlement to trade secret protection within that 24-month period only. The Commission will determine whether or not the request has been received within the allowed 24-month period.(5) If the Commission determines that the request has been received within the allowed 24-month period and the certification is properly completed and signed, the Commission will consider this sufficient for the purpose of forwarding the request to the Office of the Attorney General.(6) Within 10 business days of receiving a request that complies with paragraph (2) of this subsection, the director must:(A) submit to Office of the Attorney General, Open Records Division, a request for decision regarding the challenge;(B) notify the operator of the subject well and the owner of the claimed trade secret information of the submission of the request to the Office of the Attorney General and of the requirement that the owner of the claimed trade secret information submit directly to the Office of Attorney General, Open Records Division, the claimed trade secret information, clearly marked \"confidential,\" submitted under seal; and(C) inform the owner of the claimed trade secret information of the opportunity to substantiate to the Office of the Attorney General, Open Records Division, its claim of entitlement of trade secret protection, in accordance with Texas Government Code, Chapter 552.(7) If the Office of the Attorney General determines that the claim of entitlement to trade secret protection is valid under Texas Government Code, Chapter 552, if the information had been provided to the Commission, the owner of the claimed trade secret information shall not be required to disclose the trade secret information, subject to appeal.(8) The request shall be deemed withdrawn if, prior to the determination of the Office of the Attorney General on the validity of the trade secret claim, the owner of the claimed trade secret information provides confirmation to the Commission and the Office of the Attorney General that the owner of the claimed trade secret information has voluntarily provided the information that is the subject of the request to the requestor subject to a claim of trade secret protection, or the requestor submits to the Commission and the Office of the Attorney General a written notice withdrawing the request.(9) A final determination by the Office of the Attorney General regarding the challenge to the claim of entitlement of trade secret protection of any withheld information may be appealed within 10 business days to a district court of Travis County pursuant to Texas Government Code, Chapter 552.(10) If the Office of the Attorney General, or a court of proper jurisdiction on appeal of a determination by the Office of the Attorney General, determines that the withheld information would not be entitled to trade secret protection under Texas Government Code, Chapter 552, if the information had been provided to the Commission, the owner of the claimed trade secret information must disclose such information to the requestor as directed by the Office of the Attorney General or a court of proper jurisdiction on appeal.(g) Trade secret confidentiality. A health professional or emergency responder to whom information is disclosed under subsection (c)(4) of this section must hold the information confidential, except that the health professional or emergency responder may, for diagnostic or treatment purposes, disclose information provided under that subsection to another health professional, emergency responder, or accredited laboratory. A health professional, emergency responder, or accredited laboratory to which information is disclosed by another health professional or emergency responder under this subsection must hold the information confidential and the disclosing health professional or emergency responder must include with the disclosure, or in a medical emergency, as soon as circumstances permit, a statement of the recipient's confidentiality obligation pursuant to this subsection.(h) Penalties. A violation of this section may subject a person to any penalty or remedy specified in the Texas Natural Resources Code, Title 3, and any other statutes administered by the Commission. The certificate of compliance for any oil, gas, or geothermal resource well may be revoked in the manner provided in §3.73 of this title (relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance) (Rule 73) for violation of this section.", "sourceNote": "Source Note: The provisions of this §3.29 adopted to be effective January 2, 2012, 36 TexReg 9307." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223571", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.30", "label": "Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Commission on Environmental Quality (TCEQ)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176234", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Need for agreement. Several statutes cover persons and activities where the respective jurisdictions of the RRC and the TCEQ may intersect. This rule is a statement of how the agencies implement the division of jurisdiction.(1) Section 10 of House Bill 1407, 67th Legislature, 1981, which appeared as a footnote to the Texas Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7, provides as follows: On or before January 1, 1982, the Texas Department of Water Resources, the Texas Department of Health, and the Railroad Commission of Texas shall execute a memorandum of understanding that specifies in detail these agencies' interpretation of the division of jurisdiction among the agencies over waste materials that result from or are related to activities associated with the exploration for and the development, production, and refining of oil or gas. The agencies shall amend the memorandum of understanding at any time that the agencies find it to be necessary.(2) Texas Health and Safety Code, §401.414, relating to Memoranda of Understanding, requires the Railroad Commission of Texas and the Texas Commission on Environmental Quality to adopt a memorandum of understanding (MOU) defining the agencies' respective duties under Texas Health and Safety Code, Chapter 401, relating to radioactive materials and other sources of radiation. Texas Health and Safety Code, §401.415, relating to oil and gas naturally occurring radioactive material (NORM) waste, provides that the Railroad Commission of Texas shall issue rules on the management of oil and gas NORM waste, and in so doing shall consult with the Texas Natural Resource Conservation Commission (now TCEQ) and the Department of Health (now Department of State Health Services) regarding protection of the public health and the environment.(3) Texas Water Code, Chapters 26 and 27, provide that the Railroad Commission and TCEQ collaborate on matters related to discharges, surface water quality, groundwater protection, underground injection control and geologic storage of carbon dioxide. Texas Water Code, §27.049, relating to Memorandum of Understanding, requires the RRC and TCEQ to adopt a new MOU or amend the existing MOU to reflect the agencies' respective duties under Texas Water Code, Chapter 27, Subchapter C-1 (relating to Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide).(4) The original MOU between the agencies adopted pursuant to House Bill 1407 (67th Legislature, 1981) became effective January 1, 1982. The MOU was revised effective December 1, 1987, May 31, 1998, August 30, 2010, and again on May 1, 2012, to reflect legislative clarification of the Railroad Commission's jurisdiction over oil and gas wastes and the Texas Natural Resource Conservation Commission's (the combination of the Texas Water Commission, the Texas Air Control Board, and portions of the Texas Department of Health) jurisdiction over industrial and hazardous wastes.(5) The agencies have determined that the revised MOU that became effective on May 1, 2012, should again be revised to further clarify jurisdictional boundaries and to reflect legislative changes in agency responsibility.(b) General agency jurisdictions.(1) Texas Commission on Environmental Quality (TCEQ) (the successor agency to the Texas Natural Resource Conservation Commission).(A) Solid waste. Under Texas Health and Safety Code, Chapter 361, §§361.001 - 361.754, the TCEQ has jurisdiction over solid waste. The TCEQ's jurisdiction encompasses hazardous and nonhazardous, industrial and municipal, solid wastes.(i) Under Texas Health and Safety Code, §361.003(34), solid waste under the jurisdiction of the TCEQ is defined to include \"garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities.\"(ii) Under Texas Health and Safety Code, §361.003(34), the definition of solid waste excludes \"material which results from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas pursuant to Section 91.101, Natural Resources Code. . . .\"(iii) Under Texas Health and Safety Code, §361.003(34), the definition of solid waste includes the following until the United States Environmental Protection Agency (EPA) delegates its authority under the Resource Conservation and Recovery Act, 42 United States Code (U.S.C.) §6901, et seq., (RCRA) to the RRC: \"waste, substance or material that results from activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants and is a hazardous waste as defined by the administrator of the EPA. . . .\"(iv) After delegation of RCRA authority to the RRC, the definition of solid waste (which defines TCEQ's jurisdiction) will not include hazardous wastes arising out of or incidental to activities associated with gasoline plants, natural gas or natural gas liquids processing plants, or reservoir pressure maintenance or repressurizing plants. The term natural gas or natural gas liquids processing plant refers to a plant the primary function of which is the extraction of natural gas liquids from field gas or fractionation of natural gas liquids. The term does not include a separately located natural gas treating plant for which the primary function is the removal of carbon dioxide, hydrogen sulfide, or other impurities from the natural gas stream. A separator, dehydration unit, heater treater, sweetening unit, compressor, or similar equipment is considered a part of a natural gas or natural gas liquids processing plant only if it is located at a plant the primary function of which is the extraction of natural gas liquids from field gas or fractionation of natural gas liquids. Further, a pressure maintenance or repressurizing plant is a plant for processing natural gas for reinjection (for reservoir pressure maintenance or repressurization) in a natural gas recycling project. A compressor station along a natural gas pipeline system or a pump station along a crude oil pipeline system is not a pressure maintenance or repressurizing plant.(B) Water quality.(i) Discharges under Texas Water Code, Chapter 26. Under the Texas Water Code, Chapter 26, the TCEQ has jurisdiction over discharges into or adjacent to water in the state, except for discharges regulated by the RRC. Upon delegation from the United States Environmental Protection Agency to the TCEQ of authority to issue permits for discharges into surface water in the state of produced water, hydrostatic test water, and gas plant effluent resulting from the activities described in Texas Water Code §26.131(a), the TCEQ has sole authority to issue permits for those discharges. For the purposes of TCEQ's implementation of Texas Water Code, §26.131,\"produced water\" is defined as all wastewater associated with oil and gas exploration, development, and production activities, except hydrostatic test water and gas plant effluent, that is discharged into water in the state, including waste streams regulated by 40 CFR Part 435.(ii) Discharge permits existing on the effective date of EPA's delegation to TCEQ of NPDES permit authority for discharges of produced water, hydrostatic test water, and gas plant effluent. RRC permits issued prior to TCEQ delegation of NPDES authority shall remain effective until revoked or expired. Amendment or renewal of such permits on or after the effective date of delegation shall be pursuant to TCEQ's TPDES authority. The TPDES permit will supersede and replace the RRC permit. For facilities that have both an RRC permit and an EPA permit, TCEQ will issue the TPDES permit upon amendment or renewal of the RRC or EPA permit, whichever occurs first.(iii) Discharge applications pending on the effective date of EPA's delegation to TCEQ of NPDES permit authority for discharges of produced water, hydrostatic test water, and gas plant effluent. TCEQ shall assume authority for discharge applications pending at the time TCEQ receives delegation from EPA. The RRC will provide TCEQ the permit application and any other relevant information necessary to administratively and technically review and process the applications. TCEQ will review and process these pending applications in accordance with TPDES requirements.(iv) Storm water. TCEQ has jurisdiction over storm water discharges that are required to be permitted pursuant to Title 40 Code of Federal Regulations (CFR) Part 122.26, except for discharges regulated by the RRC. Discharge of storm water regulated by TCEQ may be authorized by an individual Texas Pollutant Discharge Elimination System (TPDES) permit or by a general TPDES permit. These storm water permits may also include authorizations for certain minor types of non-storm water discharges.(I) Storm water associated with industrial activities. The TCEQ regulates storm water discharges associated with certain industrial activities under individual TPDES permits and under the TPDES Multi-Sector General Permit, except for discharges associated with industrial activities under the jurisdiction of the RRC.(II) Storm water associated with construction activities. The TCEQ regulates storm water discharges associated with construction activities, except for discharges from construction activities under the jurisdiction of the RRC.(III) Municipal storm water discharges. The TCEQ has jurisdiction over discharges from regulated municipal storm sewer systems (MS4s).(IV) Combined storm water. Except with regard to storage of oil, when a portion of a site is regulated by the TCEQ, and a portion of a site is regulated by the EPA and RRC, storm water authorization must be obtained from the TCEQ for the portion(s) of the site regulated by the TCEQ, and from the EPA and the RRC, as applicable, for the RRC regulated portion(s) of the site. Discharge of storm water from a facility that stores both refined products intended for off-site use and crude oil in aboveground tanks is regulated by the TCEQ.(v) State water quality certification. Under the Clean Water Act (CWA) Section 401 (33 U.S.C. Section 1341), the TCEQ performs state water quality certifications for activities that require a federal license or permit and that may result in a discharge to waters of the United States, except for those activities regulated by the RRC.(vi) Commercial brine extraction and evaporation. Under Texas Water Code, §26.132, the TCEQ has jurisdiction over evaporation pits operated for the commercial production of brine water, minerals, salts, or other substances that naturally occur in groundwater and that are not regulated by the RRC.(C) Injection wells. Under the Texas Water Code, Chapter 27, the TCEQ has jurisdiction to regulate and authorize the drilling, construction, operation, and closure of injection wells unless the activity is subject to the jurisdiction of the RRC. Injection wells under TCEQ's jurisdiction are identified in 30 TAC §331.11 (relating to Classification of Injection Wells) and include:(i) Class I injection wells for the disposal of hazardous, radioactive, industrial or municipal waste that inject fluids below the lower-most formation which within 1/4 mile of the wellbore contains an underground source of drinking water;(ii) Class III injection wells for the extraction of minerals including solution mining of sodium sulfate, sulfur, potash, phosphate, copper, uranium and the mining of sulfur by the Frasch process;(iii) Class IV injection wells for the disposal of hazardous or radioactive waste which inject fluids into or above formations that contain an underground source of drinking water; and(iv) Class V injection wells that are not under the jurisdiction of the RRC, such as aquifer remediation wells, aquifer recharge wells, aquifer storage wells, large capacity septic systems, storm water drainage wells, salt water intrusion barrier wells, and closed loop geothermal wells.(2) Railroad Commission of Texas (RRC).(A) Oil and gas waste.(i) Under Texas Natural Resources Code, Title 3, and Texas Water Code, Chapter 26, wastes (both hazardous and nonhazardous) resulting from activities associated with the exploration, development, or production of oil or gas or geothermal resources, including storage, handling, reclamation, gathering, transportation, or distribution of crude oil or natural gas by pipeline, prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel, are under the jurisdiction of the RRC, except as noted in clause (ii) of this subparagraph. These wastes are termed \"oil and gas wastes.\" In compliance with Texas Health and Safety Code, §361.025 (relating to exempt activities), a list of activities that generate wastes that are subject to the jurisdiction of the RRC is found in §4.110 of this title (relating to Definitions) and at 30 TAC §335.1 (relating to Definitions), which contains a definition of \"activities associated with the exploration, development, and production of oil or gas or geothermal resources.\" Under Texas Health and Safety Code, §401.415, the RRC has jurisdiction over the disposal of oil and gas naturally occurring radioactive material (NORM) waste that constitutes, is contained in, or has contaminated oil and gas waste.(ii) Hazardous wastes arising out of or incidental to activities associated with gasoline plants, natural gas or natural gas liquids processing plants or reservoir pressure maintenance or repressurizing plants are subject to the jurisdiction of the TCEQ until the RRC is authorized by EPA to administer RCRA. When the RRC is authorized by EPA to administer RCRA, jurisdiction over such hazardous wastes will transfer from the TCEQ to the RRC.(B) Water quality.(i) Discharges. Under Texas Natural Resources Code, Title 3, and Texas Water Code, Chapter 26, the RRC regulates discharges from activities associated with the exploration, development, or production of oil, gas, or geothermal resources, including transportation of crude oil and natural gas by pipeline, and from solution brine mining activities, except that on delegation to the TCEQ of NPDES authority for discharges into surface water in the state of produced water, hydrostatic test water, and gas plant effluent resulting from the activities described in Texas Water Code §26.131(a), the TCEQ has sole authority to issue permits for those discharges. Discharges regulated by the RRC into or adjacent to water in the state shall not cause a violation of the water quality standards. While water quality standards are established by the TCEQ, the RRC has the responsibility for enforcing any violation of such standards resulting from activities regulated by the RRC. Texas Water Code, Chapter 26, does not require that discharges regulated by the RRC comply with regulations of the TCEQ that are not water quality standards. The TCEQ and the RRC may consult as necessary regarding application and interpretation of Texas Surface Water Quality Standards.(ii) Storm water. When required by federal law, authorization for storm water discharges that are under the jurisdiction of the RRC must be obtained through application for a National Pollutant Discharge Elimination System (NPDES) permit with the EPA and authorization from the RRC, as applicable.(I) Storm water associated with industrial activities. Where required by federal law, discharges of storm water associated with facilities and activities under the RRC's jurisdiction must be authorized by the EPA and the RRC, as applicable. Under 33 U.S.C. §1342(l)(2) and §1362(24), EPA cannot require a permit for discharges of storm water from \"field activities or operations associated with {oil and gas} exploration, production, processing, or treatment operations, or transmission facilities\" unless the discharge is contaminated by contact with any overburden, raw material, intermediate product, finished product, byproduct, or waste product located on the site of the facility. Under Chapter 4 of this title (relating to Environmental Protection), specifically Subchapter A (relating to Oil and Gas Waste Management), the RRC prohibits operators from causing or allowing pollution of surface or subsurface water. Operators are encouraged to implement and maintain Best Management Practices (BMPs) to minimize discharges of pollutants, including sediment, in storm water to help ensure protection of surface water quality during storm events.(II) Storm water associated with construction activities. Where required by federal law, discharges of storm water associated with construction activities under the RRC's jurisdiction must be authorized by the EPA and the RRC, as applicable. Activities under RRC jurisdiction include construction of a facility that, when completed, would be associated with the exploration, development, or production of oil or gas or geothermal resources, such as a well site; treatment or storage facility; underground hydrocarbon or natural gas storage facility; reclamation plant; gas processing facility; compressor station; terminal facility where crude oil is stored prior to refining and at which refined products are stored solely for use at the facility; a carbon dioxide geologic storage facility under the jurisdiction of the RRC; and a gathering, transmission, or distribution pipeline that will transport crude oil or natural gas, including natural gas liquids, prior to refining of such oil or the use of the natural gas in any manufacturing process or as a residential or industrial fuel. The RRC also has jurisdiction over storm water from land disturbance associated with a site survey that is conducted prior to construction of a facility that would be regulated by the RRC. Under 33 U.S.C. §1342(l)(2) and §1362(24), EPA cannot require a permit for discharges of storm water from \"field activities or operations associated with {oil and gas} exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities\" unless the discharge is contaminated by contact with any overburden, raw material, intermediate product, finished product, byproduct, or waste product located on the site of the facility. Under Chapter 4 of this title (relating to Environmental Protection), specifically Subchapter A (relating to Oil and Gas Waste Management), the RRC prohibits operators from causing or allowing pollution of surface or subsurface water. Operators are encouraged to implement and maintain BMPs to minimize discharges of pollutants, including sediment, in storm water during construction activities to help ensure protection of surface water quality during storm events.(III) Municipal storm water discharges. Storm water discharges from facilities regulated by the RRC located within an MS4 are not regulated by the TCEQ. However, a municipality may regulate storm water discharges from RRC sites into their MS4.(IV) Combined storm water. Except with regard to storage of oil, when a portion of a site is regulated by the RRC and the EPA, and a portion of a site is regulated by the TCEQ, storm water authorization must be obtained from the EPA and the RRC, as applicable, for the portion(s) of the site under RRC jurisdiction and from the TCEQ for the TCEQ regulated portion(s) of the site. Discharge of storm water from a terminal facility where crude oil is stored prior to refining and at which refined products are stored solely for use at the facility is under the jurisdiction of the RRC.(iii) State water quality certification. The RRC performs state water quality certifications, as authorized by the Clean Water Act (CWA) Section 401 (33 U.S.C. Section 1341) for activities that require a federal license or permit and that may result in any discharge to waters of the United States for those activities regulated by the RRC.(C) Injection wells. The RRC has jurisdiction over the drilling, construction, operation, and closure of the following injection wells.(i) Disposal wells. The RRC has jurisdiction under Texas Water Code, Chapter 27, over injection wells used to dispose of oil and gas waste. Texas Water Code, Chapter 27, defines \"oil and gas waste\" to mean \"waste arising out of or incidental to drilling for or producing of oil, gas, or geothermal resources, waste arising out of or incidental to the underground storage of hydrocarbons other than storage in artificial tanks or containers, or waste arising out of or incidental to the operation of gasoline plants, natural gas processing plants, or pressure maintenance or repressurizing plants. The term includes but is not limited to salt water, brine, sludge, drilling mud, and other liquid or semi-liquid waste material.\" The term \"waste arising out of or incidental to drilling for or producing of oil, gas, or geothermal resources\" includes waste associated with transportation of crude oil or natural gas by pipeline pursuant to Texas Natural Resources Code, §91.101.(ii) Enhanced recovery wells. The RRC has jurisdiction over wells into which fluids are injected for enhanced recovery of oil or natural gas.(iii) Brine mining. Under Texas Water Code, §27.036, the RRC has jurisdiction over brine mining and may issue permits for injection wells.(iv) Geologic storage of carbon dioxide. Under Texas Water Code, §27.011 and §27.041, and subject to the review of the legislature based on the recommendations made in the preliminary report described by Section 10, Senate Bill No. 1387, Acts of the 81st Legislature, Regular Session (2009), the RRC has jurisdiction over geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a reservoir that is initially or may be productive of oil, gas, or geothermal resources or a saline formation directly above or below that reservoir and over a well used for such injection purposes regardless of whether the well was initially completed for that purpose or was initially completed for another purpose and converted.(v) Hydrocarbon storage. The RRC has jurisdiction over wells into which fluids are injected for storage of hydrocarbons that are liquid at standard temperature and pressure.(vi) Geothermal energy. Under Texas Natural Resources Code, Chapter 141, the RRC has jurisdiction over injection wells for the exploration, development, and production of geothermal energy and associated resources.(vii) In situ tar sands. Under Texas Water Code, §27.035, the RRC has jurisdiction over the in situ recovery of tar sands and may issue permits for injection wells used for the in situ recovery of tar sands.(c) Definition of hazardous waste.(1) Under the Texas Health and Safety Code, §361.003(12), a \"hazardous waste\" subject to the jurisdiction of the TCEQ is defined as \"solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. §6901, et seq.).\" Similarly, under Texas Natural Resources Code, §91.601(1), \"oil and gas hazardous waste\" subject to the jurisdiction of the RRC is defined as an \"oil and gas waste that is a hazardous waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§6901, et seq.).\"(2) Federal regulations adopted under authority of the federal Solid Waste Disposal Act, as amended by RCRA, exempt from regulation as hazardous waste certain oil and gas wastes. Under 40 Code of Federal Regulations (CFR) §261.4(b)(5), \"drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy\" are described as wastes that are exempt from federal hazardous waste regulations.(3) A partial list of wastes associated with oil, gas, and geothermal exploration, development, and production that are considered exempt from hazardous waste regulation under RCRA can be found in EPA's \"Regulatory Determination for Oil and Gas and Geothermal Exploration, Development and Production Wastes,\" 53 FedReg 25,446 (July 6, 1988). A further explanation of the exemption can be found in the \"Clarification of the Regulatory Determination for Wastes from the Exploration, Development and Production of Crude Oil, Natural Gas and Geothermal Energy, \" 58 FedReg 15,284 (March 22, 1993). The exemption codified at 40 CFR §261.4(b)(5) and discussed in the Regulatory Determination has been, and may continue to be, clarified in subsequent guidance issued by the EPA.(d) Jurisdiction over waste from specific activities.(1) Drilling, operation, and plugging of wells associated with the exploration, development, or production of oil, gas, or geothermal resources. Wells associated with the exploration, development, or production of oil, gas, or geothermal resources include exploratory wells, cathodic protection holes, core holes, oil wells, gas wells, geothermal resource wells, fluid injection wells used for secondary or enhanced recovery of oil or gas, oil and gas waste disposal wells, and injection water source wells. Several types of waste materials can be generated during the drilling, operation, and plugging of these wells. These waste materials include drilling fluids (including water-based and oil-based fluids), cuttings, produced water, produced sand, waste hydrocarbons (including used oil), fracturing fluids, spent acid, workover fluids, treating chemicals (including scale inhibitors, emulsion breakers, paraffin inhibitors, and surfactants), waste cement, filters (including used oil filters), domestic sewage (including waterborne human waste and waste from activities such as bathing and food preparation), and trash (including inert waste, barrels, dope cans, oily rags, mud sacks, and garbage). Generally, these wastes, whether disposed of by discharge, landfill, land farm, evaporation, or injection, are subject to the jurisdiction of the RRC. Wastes from oil, gas, and geothermal exploration activities subject to regulation by the RRC when those wastes are to be processed, treated, or disposed of at a solid waste management facility authorized by the TCEQ under 30 TAC Chapter 330 are, as defined in 30 TAC §330.3(148) (relating to Definitions), \"special wastes.\"(2) Field treatment of produced fluids. Oil, gas, and water produced from oil, gas, or geothermal resource wells may be treated in the field in facilities such as separators, skimmers, heater treaters, dehydrators, and sweetening units. Waste that results from the field treatment of oil and gas include waste hydrocarbons (including used oil), produced water, hydrogen sulfide scavengers, dehydration wastes, treating and cleaning chemicals, filters (including used oil filters), asbestos insulation, domestic sewage, and trash are subject to the jurisdiction of the RRC.(3) Storage of oil.(A) Tank bottoms and other wastes from the storage of crude oil (whether foreign or domestic) before it enters the refinery are under the jurisdiction of the RRC. In addition, waste resulting from storage of crude oil at refineries is subject to the jurisdiction of the TCEQ.(B) Wastes generated from storage tanks that are part of the refinery and wastes resulting from the wholesale and retail marketing of refined products are subject to the jurisdiction of the TCEQ.(4) Underground hydrocarbon storage. The disposal of wastes, including saltwater, resulting from the construction, creation, operation, maintenance, closure, or abandonment of an \"underground hydrocarbon storage facility\" is subject to the jurisdiction of the RRC, provided the terms \"hydrocarbons\" and \"underground hydrocarbon storage facility\" have the meanings set out in Texas Natural Resources Code, §91.201.(5) Underground natural gas storage. The disposal of wastes resulting from the construction, operation, or abandonment of an \"underground natural gas storage facility\" is subject to the jurisdiction of the RRC, provided that the terms \"natural gas\" and \"storage facility\" have the meanings set out in Texas Natural Resources Code, §91.173.(6) Transportation of crude oil or natural gas.(A) Jurisdiction over pipeline-related activities. The RRC has jurisdiction over matters related to pipeline safety for pipelines in Texas, as referenced in §8.1 of this title (relating to General Applicability and Standards) pursuant to Chapter 121 of the Texas Utilities Code and Chapter 117 of the Texas Natural Resources Code. The RRC has jurisdiction over spill response and remediation of releases from pipelines transporting crude oil, natural gas, and condensate that originate from exploration and production facilities to the refinery gate. The RRC has jurisdiction over waste generated by construction and operation of pipelines used to transport crude oil, natural gas, and condensate on an oil and gas lease, and from exploration and production facilities to the refinery gate. The RRC is responsible for water quality certification issues related to construction and operation of pipelines used to transport crude oil, natural gas, and condensate on an oil and gas lease, and from exploration and production facilities to the refinery gate. The RRC has jurisdiction over waste generated by construction and operation of pipelines transporting carbon dioxide.(B) Crude oil and natural gas are transported by railcars, tank trucks, barges, tankers, and pipelines. The RRC has jurisdiction over waste from the transportation of crude oil by pipeline, regardless of the crude oil source (foreign or domestic) prior to arrival at a refinery. The RRC also has jurisdiction over waste from the transportation by pipeline of natural gas, including natural gas liquids, prior to the use of the natural gas in any manufacturing process or as a residential or industrial fuel. The transportation wastes subject to the jurisdiction of the RRC include wastes from pipeline compressor or pressure stations and wastes from pipeline hydrostatic pressure tests and other pipeline operations. These wastes include waste hydrocarbons (including used oil), treating and cleaning chemicals, filters (including used oil filters), scraper trap sludge, trash, domestic sewage, wastes contaminated with polychlorinated biphenyls (PCBs) (including transformers, capacitors, ballasts, and soils), soils contaminated with mercury from leaking mercury meters, asbestos insulation, transite pipe, and hydrostatic test waters.(C) The TCEQ has jurisdiction over waste from transportation of refined products by pipeline.(D) The TCEQ also has jurisdiction over wastes associated with transportation of crude oil and natural gas, including natural gas liquids, by railcar, tank truck, barge, or tanker.(7) Reclamation plants.(A) The RRC has jurisdiction over wastes from reclamation plants that process wastes from activities associated with the exploration, development, or production of oil, gas, or geothermal resources, such as lease tank bottoms. Waste management activities of reclamation plants for other wastes are subject to the jurisdiction of the TCEQ.(B) The RRC has jurisdiction over the conservation and prevention of waste of crude oil and therefore must approve all movements of crude oil-containing materials to reclamation plants. The applicable statute and regulations consist primarily of reporting requirements for accounting purposes.(8) Refining of oil.(A) The management of wastes resulting from oil refining operations, including spent caustics, spent catalysts, still bottoms or tars, and American Petroleum Institute (API) separator sludges, is subject to the jurisdiction of the TCEQ. The processing of light ends from the distillation and cracking of crude oil or crude oil products is considered to be a refining operation. The term \"refining\" does not include the processing of natural gas or natural gas liquids.(B) The RRC has jurisdiction over refining activities for the conservation and the prevention of waste of crude oil. The RRC requires that all crude oil streams into or out of a refinery be reported for accounting purposes. In addition, the RRC requires that materials recycled and used as a fuel, such as still bottoms or waste crude oil, be reported.(9) Natural gas or natural gas liquids processing plants (including gas fractionation facilities) and pressure maintenance or repressurizing plants. Wastes resulting from activities associated with these facilities include produced water, cooling tower water, sulfur bead, sulfides, spent caustics, sweetening agents, spent catalyst, waste hydrocarbons (including used oil), asbestos insulation, wastes contaminated with PCBs (including transformers, capacitors, ballasts, and soils), treating and cleaning chemicals, filters, trash, domestic sewage, and dehydration materials. These wastes are subject to the jurisdiction of the RRC under Texas Natural Resources Code, §1.101. Disposal of waste from activities associated with natural gas or natural gas liquids processing plants (including gas fractionation facilities), and pressure maintenance or repressurizing plants by injection is subject to the jurisdiction of the RRC under Texas Water Code, Chapter 27. However, until delegation of authority under RCRA to the RRC, the TCEQ shall have jurisdiction over wastes resulting from these activities that are not exempt from federal hazardous waste regulation under RCRA and that are considered hazardous under applicable federal rules.(10) Manufacturing processes.(A) Wastes that result from the use of natural gas, natural gas liquids, or products refined from crude oil in any manufacturing process, such as the production of petrochemicals or plastics, or from the manufacture of carbon black, are industrial wastes subject to the jurisdiction of the TCEQ. The term \"manufacturing process\" does not include the processing (including fractionation) of natural gas or natural gas liquids at natural gas or natural gas liquids processing plants.(B) The RRC has jurisdiction under Texas Natural Resources Code, Chapter 87, to regulate the use of natural gas in the production of carbon black.(C) Biofuels. The TCEQ has jurisdiction over wastes associated with the manufacturing of biofuels and biodiesel. TCEQ Regulatory Guidance Document RG-462 contains additional information regarding biodiesel manufacturing in the state of Texas.(11) Commercial service company facilities and training facilities.(A) The TCEQ has jurisdiction over wastes generated at facilities, other than actual exploration, development, or production sites (field sites), where oil and gas industry workers are trained. In addition, the TCEQ has jurisdiction over wastes generated at facilities where materials, processes, and equipment associated with oil and gas industry operations are researched, developed, designed, and manufactured. However, wastes generated from tests of materials, processes, and equipment at field sites are under the jurisdiction of the RRC.(B) The TCEQ also has jurisdiction over waste generated at commercial service company facilities operated by persons providing equipment, materials, or services (such as drilling and work over rig rental and tank rental; equipment repair; drilling fluid supply; and acidizing, fracturing, and cementing services) to the oil and gas industry. These wastes include the following wastes when they are generated at commercial service company facilities: empty sacks, containers, and drums; drum, tank, and truck rinsate; sandblast media; painting wastes; spent solvents; spilled chemicals; waste motor oil; and unused fracturing and acidizing fluids.(C) The term \"commercial service company facility\" does not include a station facility such as a warehouse, pipeyard, or equipment storage facility belonging to an oil and gas operator and used solely for the support of that operator's own activities associated with the exploration, development, or production activities.(D) Notwithstanding subparagraphs (A) - (C) of this paragraph, the RRC has jurisdiction over disposal of oil and gas wastes, such as waste drilling fluids and NORM-contaminated pipe scale, in volumes greater than the incidental volumes usually received at such facilities, that are managed at commercial service company facilities.(E) The RRC also has jurisdiction over wastes such as vacuum truck rinsate and tank rinsate generated at facilities operated by oil and gas waste haulers permitted by the RRC pursuant to Chapter 4 of this title (relating to Environmental Protection), specifically Subchapter A (relating to Oil and Gas Waste Management).(12) Mobile offshore drilling units (MODUs). MODUs are vessels capable of engaging in drilling operations for exploring or exploiting subsea oil, gas, or mineral resources.(A) The RRC and, where applicable, the EPA, the U.S. Coast Guard, or the Texas General Land Office (GLO), have jurisdiction over discharges from an MODU when the unit is being used in connection with activities associated with the exploration, development, or production of oil or gas or geothermal resources, except that upon delegation to the TCEQ of NPDES authority for discharges into surface water in the state of produced water, hydrostatic test water, and gas plant effluent resulting from the activities described in Texas Water Code, §26.131(a), the TCEQ shall assume RRC's authority under this subsection.(B) The TCEQ and, where applicable, the EPA, the U.S. Coast Guard, or the GLO, have jurisdiction over discharges from an MODU when the unit is being serviced at a maintenance facility.(C) Where applicable, the EPA, the U.S. Coast Guard, or the GLO has jurisdiction over discharges from an MODU during transportation from shore to exploration, development or production site, transportation between sites, and transportation to a maintenance facility.(e) Interagency activities.(1) Recycling and pollution prevention.(A) The TCEQ and the RRC encourage generators to eliminate pollution at the source and recycle whenever possible to avoid disposal of wastes. Questions regarding source reduction and recycling may be directed to the TCEQ External Relations Division, or to the RRC. The TCEQ may require generators to explore source reduction and recycling alternatives prior to authorizing disposal of any waste under the jurisdiction of the RRC at a facility regulated by the TCEQ; similarly, the RRC may explore source reduction and recycling alternatives prior to authorizing disposal of any waste under the jurisdiction of the TCEQ at a facility regulated by the RRC.(B) The TCEQ External Relations Division and the RRC will coordinate as necessary to maintain a working relationship to enhance the efforts to share information and use resources more efficiently. The TCEQ External Relations Division will make the proper TCEQ personnel aware of the services offered by the RRC, share information with the RRC to maximize services to oil and gas operators, and advise oil and gas operators of RRC services. The RRC will make the proper RRC personnel aware of the services offered by the TCEQ External Relations Division, share information with the TCEQ External Relations Division to maximize services to industrial operators, and advise industrial operators of the TCEQ External Relations Division services.(2) Treatment of wastes under RRC jurisdiction at facilities authorized by the TCEQ under 30 TAC Chapter 334, Subchapter K, (relating to Storage, Treatment, and Reuse Procedures for Petroleum-Substance Contaminated Soil).(A) Soils contaminated with constituents that are physically and chemically similar to those normally found in soils at leaking underground petroleum storage tanks from generators under the jurisdiction of the RRC are eligible for treatment at TCEQ regulated soil treatment facilities once alternatives for recycling and source reduction have been explored. For the purpose of this provision, soils containing petroleum substance(s) as defined in 30 TAC §334.481 (relating to Definitions) are considered to be similar, but drilling muds, acids, or other chemicals used in oil and gas activities are not considered similar. Generators under the jurisdiction of the RRC must meet the same requirements as generators under the jurisdiction of the TCEQ when sending their petroleum contaminated soils to soil treatment facilities under TCEQ jurisdiction. Those requirements are in 30 TAC §334.496 (relating to Shipping Procedures Applicable to Generators of Petroleum-Substance Waste), except subsection (c) which is not applicable, and 30 TAC §334.497 (relating to Recordkeeping and Reporting Procedures Applicable to Generators). RRC generators with questions on these requirements should contact the TCEQ.(B) Generators under RRC jurisdiction should also be aware that TCEQ regulated soil treatment facilities are required by 30 TAC §334.499 (relating to Shipping Requirements Applicable to Owners or Operators of Storage, Treatment, or Disposal Facilities) to maintain documentation on the soil sampling and analytical methods, chain-of-custody, and all analytical results for the soil received at the facility and transported off-site or reused on-site.(C) The RRC must specifically authorize management of contaminated soils under its jurisdiction at facilities authorized by the TCEQ under 30 TAC Chapter 334, Subchapter K. The RRC may grant such authorizations by rule, or on an individual basis through permits or other written authorizations.(D) All waste, including treated waste, subject to the jurisdiction of the RRC and managed at facilities authorized by the TCEQ under 30 TAC Chapter 334, Subchapter K will remain subject to the jurisdiction of the RRC. Such materials will be subject to RRC regulations regarding final reuse, recycling, or disposal.(E) TCEQ waste codes and registration numbers are not required for management of wastes under the jurisdiction of the RRC at facilities authorized by the TCEQ under 30 TAC Chapter 334, Subchapter K.(3) Processing, treatment, and disposal of wastes under RRC jurisdiction at facilities authorized by the TCEQ.(A) As provided in this paragraph, waste materials subject to the jurisdiction of the RRC may be managed at solid waste facilities under the jurisdiction of the TCEQ once alternatives for recycling and source reduction have been explored. The RRC must specifically authorize management of wastes under its jurisdiction at facilities regulated by the TCEQ. The RRC may grant such authorizations by rule, or on an individual basis through permits or other written authorizations. In addition, except as provided in subparagraph (B) of this paragraph, the concurrence of the TCEQ is required to manage \"special waste\" under the jurisdiction of the RRC at a facility regulated by the TCEQ. The TCEQ's concurrence may be subject to specified conditions.(B) A facility under the jurisdiction of the TCEQ may accept, without further individual concurrence, waste under the jurisdiction of the RRC if that facility is permitted or otherwise authorized to accept that particular type of waste. The phrase \"that type of waste\" does not specifically refer to waste under the jurisdiction of the RRC, but rather to the waste's physical and chemical characteristics. Management and disposal of waste under the jurisdiction of the RRC is subject to TCEQ's rules governing both special waste and industrial waste.(C) If the TCEQ regulated facility receiving the waste does not have approval to accept the waste included in its permit or other authorization, individual written concurrences from the TCEQ shall be required to manage wastes under the jurisdiction of the RRC at TCEQ regulated facilities. Recommendations for the management of special wastes associated with the exploration, development, or production of oil, gas, or geothermal resources are found in TCEQ Regulatory Guidance document RG-3. (This is required only if the TCEQ regulated facility receiving the waste does not have approval to accept the waste included in its permit or other authorization provided by the TCEQ.) To obtain an individual concurrence, the waste generator must provide to the TCEQ sufficient information to allow the concurrence determination to be made, including the identity of the proposed waste management facility, the process generating the waste, the quantity of waste, and the physical and chemical nature of the waste involved (using process knowledge and/or laboratory analysis as defined in 30 TAC Chapter 335, Subchapter R (relating to Waste Classification)). In obtaining TCEQ approval, generators may use their existing knowledge about the process or materials entering it to characterize their wastes. Material Safety Data Sheets, manufacturer's literature, and other documentation generated in conjunction with a particular process may be used. Process knowledge must be documented and submitted with the request for approval.(D) Domestic septage collected from portable toilets at facilities subject to RRC jurisdiction that is not mixed with other waste materials may be managed at a facility permitted by the TCEQ for disposal, incineration, or land application for beneficial use of such domestic septage waste without specific authorization from the TCEQ or the RRC. Waste sludge subject to the jurisdiction of the RRC may not be applied to the land at a facility permitted by the TCEQ for the beneficial use of sewage sludge or water treatment sludge.(E) TCEQ waste codes and registration numbers are not required for management of wastes under the jurisdiction of the RRC at facilities under the jurisdiction of the TCEQ. If a receiving facility requires a TCEQ waste code for waste under the jurisdiction of the RRC, a code consisting of the following may be provided:(i) the sequence number \"RRCT\";(ii) the appropriate form code, as specified in 30 TAC Chapter 335, Subchapter R, §335.521, Appendix 3 (relating to Appendices); and(iii) the waste classification code \"H\" if the waste is a hazardous oil and gas waste, or \"R\" if the waste is a nonhazardous oil and gas waste.(F) If a facility requests or requires a TCEQ waste generator registration number for wastes under the jurisdiction of the RRC, the registration number \"XXXRC\" may be provided.(G) Wastes that are under the jurisdiction of the RRC need not be reported to the TCEQ.(4) Management of nonhazardous wastes under TCEQ jurisdiction at facilities regulated by the RRC.(A) Once alternatives for recycling and source reduction have been explored, and with prior authorization from the RRC, the following nonhazardous wastes subject to the jurisdiction of the TCEQ may be disposed of, other than by injection into a Class II well, at a facility regulated by the RRC; bioremediated at a facility regulated by the RRC (prior to reuse, recycling, or disposal); or reclaimed at a crude oil reclamation facility regulated by the RRC: nonhazardous wastes that are chemically and physically similar to oil and gas wastes, but excluding soils, media, debris, sorbent pads, and other clean-up materials that are contaminated with refined petroleum products.(B) To obtain an individual authorization from the RRC, the waste generator must provide the following information, in writing, to the RRC: the identity of the proposed waste management facility, the quantity of waste involved, a hazardous waste determination that addresses the process generating the waste and the physical and chemical nature of the waste, and any other information that the RRC may require. As appropriate, the RRC shall reevaluate any authorization issued pursuant to this paragraph.(C) Once alternatives for recycling and source reduction have been explored, and subject to the RRC's individual authorization, the following wastes under the jurisdiction of the TCEQ are authorized without further TCEQ approval to be disposed of at a facility regulated by the RRC, bioremediated at a facility regulated by the RRC, or reclaimed at a crude oil reclamation facility regulated by the RRC: nonhazardous bottoms from tanks used only for crude oil storage; unused and/or reconditioned drilling and completion/workover wastes from commercial service company facilities; used and/or unused drilling and completion/workover wastes generated at facilities where workers in the oil and gas exploration, development, and production industry are trained; used and/or unused drilling and completion/workover wastes generated at facilities where materials, processes, and equipment associated with oil and gas exploration, development, and production operations are researched, developed, designed, and manufactured; unless other provisions are made in the underground injection well permit used and/or unused drilling and completion wastes (but not workover wastes) generated in connection with the drilling and completion of Class I, III, and V injection wells; wastes (such as contaminated soils, media, debris, sorbent pads, and other cleanup materials) associated with spills of crude oil and natural gas liquids if such wastes are under the jurisdiction of the TCEQ; and sludges from washout pits at commercial service company facilities.(D) Under Texas Water Code, §27.0511(g), a TCEQ permit is required for injection of industrial or municipal waste as an injection fluid for enhanced recovery purposes. However, under §27.0511(h), the RRC may authorize a person to use nonhazardous brine from a desalination operation or nonhazardous drinking water treatment residuals as an injection fluid for enhanced recovery purposes without obtaining a permit from the TCEQ. The use or disposal of radioactive material under this subparagraph is subject to the applicable requirements of Texas Health and Safety Code, Chapter 401.(E) Under Texas Water Code, §27.026, by individual permit, general permit, or rule, the TCEQ may designate a Class II disposal well that has an RRC permit as a Class V disposal well authorized to dispose by injection nonhazardous brine from a desalination operation and nonhazardous drinking water treatment residuals under the jurisdiction of the TCEQ. The operator of a permitted Class II disposal well seeking a Class V authorization must apply to TCEQ and obtain a Class V authorization prior to disposal of nonhazardous brine from a desalination operation or nonhazardous drinking water treatment residuals. A permitted Class II disposal well that has obtained a Class V authorization from TCEQ under Texas Water Code, §27.026, remains subject to the regulatory requirements of both the RRC and the TCEQ. Nonhazardous brine from a desalination operation and nonhazardous drinking water treatment residuals to be disposed by injection in a permitted Class II disposal well authorized by TCEQ as a Class V injection well remain subject to the requirements of the Texas Health and Safety Code, the Texas Water Code, and the TCEQ's rules. The RRC and the TCEQ may impose additional requirements or conditions to address the dual injection activity under Texas Water Code, §27.026.(5) Drilling in landfills. The TCEQ will notify the Oil and Gas Division of the RRC and the landfill owner at the time a drilling application is submitted if an operator proposes to drill a well through a landfill regulated by the TCEQ. The RRC and the TCEQ will cooperate and coordinate with one another in advising the appropriate parties of measures necessary to reduce the potential for the landfill contents to cause groundwater contamination as a result of landfill disturbance associated with drilling operations. The TCEQ requires prior written approval before drilling of any test borings through previously deposited municipal solid waste under 30 TAC §330.15 (relating to General Prohibitions), and before borings or other penetration of the final cover of a closed municipal solid waste landfill under 30 TAC §330.955 (relating to Miscellaneous). The installation of landfill gas recovery wells for the recovery and beneficial reuse of landfill gas is under the jurisdiction of the TCEQ in accordance with 30 TAC Chapter 330, Subchapter I (relating to Landfill Gas Management). Modification of an active or a closed solid waste management unit, corrective action management unit, hazardous waste landfill cell, or industrial waste landfill cell by drilling or penetrating into or through deposited waste may require prior written approval from TCEQ. Such approval may require a new authorization from TCEQ or modification or amendment of an existing TCEQ authorization.(6) Coordination of actions and cooperative sharing of information.(A) In the event that a generator or transporter disposes, without proper authorization, of wastes regulated by the TCEQ at a facility permitted by the RRC, the TCEQ is responsible for enforcement actions against the generator or transporter, and the RRC is responsible for enforcement actions against the disposal facility. In the event that a generator or transporter disposes, without proper authorization, of wastes regulated by the RRC at a facility permitted by the TCEQ, the RRC is responsible for enforcement actions against the generator or transporter, and the TCEQ is responsible for enforcement actions against the disposal facility.(B) The TCEQ and the RRC agree to cooperate with one another by sharing information. Employees of either agency who receive a complaint or discover, in the course of their official duties, information that indicates a violation of a statute, regulation, order, or permit pertaining to wastes under the jurisdiction of the other agency, will notify the other agency. In addition, to facilitate enforcement actions, each agency will share information in its possession with the other agency if requested by the other agency to do so.(C) The TCEQ and the RRC agree to work together at allocating respective responsibilities. To the extent that jurisdiction is indeterminate or has yet to be determined, the TCEQ and the RRC agree to share information and take appropriate investigative steps to assess jurisdiction.(D) For items not covered by statute or rule, the TCEQ and the RRC will collaborate to determine respective responsibilities for each issue, project, or project type.(E) The staff of the RRC and the TCEQ shall coordinate as necessary to attempt to resolve any disputes regarding interpretation of this MOU and disputes regarding definitions and terms of art.(7) Groundwater.(A) Notice of groundwater contamination. Under Texas Water Code, §26.408, effective September 1, 2003, the RRC must submit a written notice to the TCEQ of any documented cases of groundwater contamination that may affect a drinking water well.(B) Groundwater protection letters. The RRC provides letters of recommendation concerning groundwater protection.(i) For recommendations related to normal drilling operations, shot holes for seismic surveys, and cathodic protection wells, the RRC provides geologic interpretation identifying fresh water zones, base of usable-quality water (generally less than 3,000 mg/L total dissolved solids, but may include higher levels of total dissolved solids if identified as currently being used or identified by the Texas Water Development Board as a source of water for desalination), and include protection depths recommended by the RRC. The geological interpretation may include groundwater protection based on potential hydrological connectivity to usable-quality water.(ii) For recommendations related to injection, the RRC provides geologic interpretation of the base of the underground source of drinking water. The term \"underground source of drinking water\" is defined in 40 Code of Federal Regulations §146.3 (Federal Register, Volume 46, June 24, 1980).(8) Emergency and spill response.(A) The TCEQ and the RRC are members of the state's Emergency Management Council. The TCEQ is the state's primary agency for emergency support during response to hazardous materials and oil spill incidents. The TCEQ is responsible for state-level coordination of assets and services, and will identify and coordinate staffing requirements appropriate to the incident to include investigative assignments for the primary and support agencies.(B) Contaminated soil and other wastes that result from a spill must be managed in accordance with the governing statutes and regulations adopted by the agency responsible for the activity that resulted in the spill. Coordination of issues of spill notification, prevention, and response shall be addressed in the State of Texas Oil and Hazardous Substance Spill Contingency Plan and may be addressed further in a separate Memorandum of Understanding among these agencies and other appropriate state agencies.(C) The agency (TCEQ or RRC) that has jurisdiction over the activity that resulted in the spill incident will be responsible for measures necessary to monitor, document, and remediate the incident.(i) The TCEQ has jurisdiction over certain inland oil spills, all hazardous-substance spills, and spills of other substances that may cause pollution.(ii) The RRC has jurisdiction over spills or discharges from activities associated with the exploration, development, or production of crude oil, gas, and geothermal resources, and discharges from brine mining or surface mining.(D) If TCEQ or RRC field personnel receive spill notifications or reports documenting improperly managed waste or contaminated environmental media resulting from a spill or discharge that is under the jurisdiction of the other agency, they shall refer the issue to the other agency. The agency that has jurisdiction over the activity that resulted in the improperly managed waste, spill, discharge, or contaminated environmental media will be responsible for measures necessary to monitor, document, and remediate the incident.(9) Anthropogenic carbon dioxide storage. In determining the proper permitting agency in regard to a particular permit application for a carbon dioxide geologic storage project, the TCEQ and the RRC will coordinate by any appropriate means to review proposed locations, geologic settings, reservoir data, and other jurisdictional criteria specified in Texas Water Code, §27.041.(f) Radioactive material.(1) Radioactive substances. Under the Texas Health and Safety Code, §401.011, the TCEQ has jurisdiction to regulate and license:(A) the disposal of radioactive substances;(B) the processing or storage of low-level radioactive waste or NORM waste from other persons, except oil and gas NORM waste;(C) the recovery or processing of source material;(D) the processing of by-product material as defined by Texas Health and Safety Code, §401.003(3)(B); and(E) sites for the disposal of low-level radioactive waste, by-product material, or NORM waste.(2) NORM waste.(A) Under Texas Health and Safety Code, §401.415, the RRC has jurisdiction over the disposal of NORM waste that constitutes, is contained in, or has contaminated oil and gas waste. This waste material is called \"oil and gas NORM waste.\" Oil and gas NORM waste may be generated in connection with the exploration, development, or production of oil or gas.(B) Under Texas Health and Safety Code, §401.412, the TCEQ has jurisdiction over the disposal of NORM that is not oil and gas NORM waste.(C) The term \"disposal\" does not include receipt, possession, use, processing, transfer, transport, storage, or commercial distribution of radioactive materials, including NORM. These non-disposal activities are under the jurisdiction of the Texas Department of State Health Services under Texas Health and Safety Code, §401.011(a).(3) Drinking water residuals. A person licensed for the commercial disposal of NORM waste from public water systems may dispose of NORM waste only by injection into a Class I injection well permitted under 30 TAC Chapter 331 (relating to Underground Injection Control) that is specifically permitted for the disposal of NORM waste.(4) Management of radioactive tracer material.(A) Radioactive tracer material is subject to the definition of low-level radioactive waste under Texas Health and Safety Code, §401.004, and must be handled and disposed of in accordance with the rules of the TCEQ and the Department of State Health Services.(B) Exemption. Under Texas Health and Safety Code, §401.106, the TCEQ may grant an exemption by rule from a licensing requirement if the TCEQ finds that the exemption will not constitute a significant risk to the public health and safety and the environment.(5) Coordination with the Texas Radiation Advisory Board. The RRC and the TCEQ will consider recommendations and advice provided by the Texas Radiation Advisory Board that concern either agency's policies or programs related to the development, use, or regulation of a source of radiation. Both agencies will provide written response to the recommendations or advice provided by the advisory board.(6) Uranium exploration and mining.(A) Under Texas Natural Resources Code, Chapter 131, the RRC has jurisdiction over uranium exploration activities.(B) Under Texas Natural Resources Code, Chapter 131, the RRC has jurisdiction over uranium mining, except for in situ recovery processes.(C) Under Texas Water Code, §27.0513, the TCEQ has jurisdiction over injection wells used for uranium mining.(D) Under Texas Health and Safety Code, §401.2625, the TCEQ has jurisdiction over the licensing of source material recovery and processing or for storage, processing, or disposal of by-product material.(g) Effective date. This Memorandum of Understanding, as of its July 15, 2020, effective date, shall supersede the prior Memorandum of Understanding among the agencies, dated May 1, 2012.", "sourceNote": "Source Note: The provisions of this §3.30 adopted to be effective May 31, 1998, 23 TexReg 5427; amended to be effective August 25, 2003, 28 TexReg 6816; amended to be effective August 30, 2010, 35 TexReg 7728; amended to be effective May 1, 2012, 37 TexReg 2385; amended to be effective July 15, 2020, 45 TexReg 4503; amended to be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176234", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.31", "label": "Gas Reservoirs and Gas Well Allowable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224064", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General.(1) Allowables of gas wells not currently assigned an allowable will not be made effective:(A) prior to the well's completion or reclassification date; or(B) more than 15 days prior to the date all reports or information necessary to the assignment of an allowable are received in the appropriate commission office.(2) If a report or item of information necessary to the assignment of an allowable is not filed on time, there shall be a one-day allowable reduction for each day the report or information is late.(b) Changes in gas well allowables.(1) Changes in allowable of gas wells currently assigned an allowable will be effective on the date of the test or date of the change affecting the well's allowable (when the operator submits special tests or information), provided this is not more than 15 days prior to the date the special test or information is received in the appropriate Commission office.(2) With respect to a multicompleted well, the allowable of the second and succeeding zones will be made effective no earlier than the date the last report or item necessary for the assignment of an allowable is received in the appropriate Commission office.(3) When a well is recompleted as a gas well in a different field, any overproduction that has occurred in the old field must be made up before an allowable will be assigned in the new field.(4) The maximum daily allowable for a horizontal drainhole gas well or a gas well in a designated unconventional fracture treated (UFT) field is set forth in §3.86(d)(4) and (5) of this title (relating to Horizontal Drainhole Wells).(c) Requirements for gas wells in a field for which an allocation formula has been adopted.(1) If acreage is a factor in the allocation formula, a certified plat showing the acreage assigned to the well for proration purposes shall be submitted. The plat must be accompanied by a statement that all of the acreage claimed can reasonably be considered productive of gas and that the distance limitations of the field rules have not been exceeded. If all of the acreage claimed is not contained in a single lease, a certificate of pooling authority must be submitted, on the appropriate commission form. If the distance limitations of the field rules are shown to have been exceeded, the plat must show the number of acres within and beyond the distance limitations. An operator may request an exception to the distance limitations which may be administratively approved by the commission or a commission designee if all the acreage can be considered productive. If approval of the request is declined or protest is received, the request may be set for hearing. If all of the acreage cannot be considered productive, the plat must also show the productive limit of the acreage. If a plat shows acreage in the unit in excess of the maximum number of acres permitted by the field rules, it will not be accepted.(2) If bottom-hole or reservoir pressure is a factor in the allocation formula, it shall be submitted on the appropriate commission form and shall be measured at, or corrected to, the proper datum plane.(3) If any other information, data or parameter is a factor in the allocation formula, it must be submitted on the appropriate commission form.(d) Determining prorated reservoir allowable and lawful market demand.(1) On or before the 25th day of each month, the commission will determine the lawful market demand for gas to be produced from each reservoir during the upcoming allowable month. The monthly reservoir allowable shall be equal to the lawful market demand for that reservoir. The lawful reservoir market demand for prorated reservoirs shall be equal to the adjusted reservoir market demand forecast adjusted by a forecast correction adjustment, and a commission adjustment (i.e., lawful reservoir market demand = adjusted reservoir market demand forecast + forecast correction adjustment + commission adjustment).(A) Allowable month--The month during which allowables determined pursuant to this section will be effective.(B) Adjusted reservoir market demand forecast--The sum of all operator reservoir market demand forecasts for a reservoir after any necessary downward adjustments have been made to individual operator reservoir market demand forecasts and optional operator forecasts so that no such forecast will exceed the total capability of the operator's wells for the reservoir during the allowable month.(C) Operator reservoir market demand forecast--The sum of the operator's well forecasts for a reservoir determined by the commission pursuant to this subsection.(i) The commission will determine a forecast for each well that will be active during the allowable month that:(I) for prorated and limited wells is equal to the well's production during the same allowable month in the prior year; and(II) for special or administrative special allowable wells is equal to the well's production during the most recently reported production month.(ii) If the well had no reported production during the same allowable month in the prior year or if a special or administrative special allowable well had no reported production in the most recently reported production month, the forecast shall be equal to:(I) the well's highest reported monthly production during any of the three most recently reported production months; or, if no production has been reported for those months;(II) the well's capability.(iii) Alternatively, the operator reservoir market demand forecast may be determined by an optional operator forecast.(D) Optional operator forecast--The commission designated operator may file an optional market demand forecast for all of the operator's wells in the reservoir that is equal to the anticipated market demand for the production from the operator's wells in the field during the allowable month. The optional operator forecast for the operator's wells in the reservoir can be no greater than the total capability of the operator's wells or less than zero. An optional operator forecast must be filed by the 10th day of the month preceding the allowable month.(E) Forecast correction adjustment--(i) The February 1994 forecast correction adjustment shall be the reservoir market demand for November 1993 for all wells in a reservoir that are not administrative special allowable wells for February 1994, subtracted from the production reported for November 1993 for those wells;(ii) The March 1994 forecast correction adjustment shall be the reservoir market demand for December 1993 for all wells in a reservoir that are not administrative special allowable wells for March 1994, subtracted from the production reported for December 1993 for those wells;(iii) The April 1994 forecast correction adjustment shall be the reservoir market demand for January 1994 for all wells in a reservoir that are not administrative special allowable wells for April 1994, subtracted from the production reported for January 1994 for those wells;(iv) For May 1994 and subsequent months, the forecast correction adjustment shall be equal to the total reservoir production from the most recent reported month, minus (total adjusted reservoir market demand forecast for the production month + supplemental change adjustment for that month + commission adjustment for that month), minus (production from all special and administrative special allowable wells minus allowable assigned to those special wells for that month).(F) Supplemental change adjustment--Any adjustment to the reservoir allowable that is necessary to account for an automatic allowable revision in a prior month, a change of well or well test status during a prior month, the provisions of a final order modifying field or well production status, or any other ministerial change.(G) Commission adjustment--Any other adjustments to the adjusted reservoir market demand forecast that the commission determines are necessary.(2) The commission may reject or modify any optional operator forecast if it determines that the forecast is inaccurate or being used to manipulate the allocation of gas rather than to determine the reasonable market demand.(e) Well capability.(1) No gas well shall be given an initial allowable in excess of its capability.(A) Except as provided in subparagraphs (B) and (C) of this paragraph, a well's capability is defined as the lesser of:(i) the well's latest deliverability test on file with the commission; or(ii) the well's highest monthly production during any of the three most recently reported production months.(B) If a well is a special or an administrative special allowable well, its capability is defined as the lesser of:(i) the well's latest deliverability test on file with the commission; or(ii) the well's most recently reported monthly production.(C) If a well is new to a reservoir and has been active for less than six months, its capability shall be defined as the well's latest deliverability test on file with the commission.(2) An operator may submit a substitute capability determination for any well in a prorated field that represents the maximum monthly production capability of the well under normal operating conditions for a specific six-month period.(A) The determination may be made on the basis of a well test or other acceptable information by a registered professional engineer who certifies that the determination was made by the engineer or under the supervision of the engineer, and that the capability has been determined in accordance with generally accepted engineering practices. Alternatively, the substitute capability determination may be made by an independent tester on the basis of a well test conducted in accordance with §3.28(c) of this title (relating to Potential and Deliverability of Gas Wells To Be Ascertained and Reported) (Statewide Rule 28). The request for a substitute capability must be submitted on the appropriate form.(B) The commission or a commission designee may reject any substitute capability determination for good cause.(C) The capability determined pursuant to this paragraph shall be used as the well's capability for a period of six months from the effective date of the determination unless:(i) the operator files a written request that the substitute capability determination be cancelled. If such a request is submitted, the substitute capability may be cancelled by the commission or commission designee; or(ii) an affected person files a protest alleging, with specificity, the inaccuracy or invalidity of the determination. If a protest is filed, the commission may set the matter for hearing. A protested substitute capability determination shall be effective on the intended effective date, unless the commission orders otherwise. If the commission determines that the protested substitute capability was incorrect, appropriate allowable or status adjustments will be made for the affected well.(f) Fields operating under statewide rules. A statewide prorated field is any gas field in which no special field rules have been adopted and in which at least one well in the field has a current reported deliverability test of greater than 250 Mcf a day. Daily allowable production of gas from individual wells in a statewide prorated field shall be determined by allocating the allowable production among the individual wells in the proportion that each well's deliverability (based on the latest deliverability test of record) bears to the summation of the most recent reported deliverability tests of all wells producing from the same field. Allocated allowables shall be subject to the well capability provisions of this section.(g) Definitions of prorated and nonprorated wells and fields.(1) A prorated well is a well for which an allowable is determined by an allocation formula.(2) A nonprorated well is a well for which an allowable is not determined by an allocation formula.(3) A prorated field is a field that has two or more wells one of which is a prorated well.(4) A nonprorated field is any field that is not a prorated field.(5) Statewide Exempt Fields:(A) A statewide exempt field is any gas field in which no special field rules have been adopted and in which no well in the field has a current reported deliverability test of greater than 250 Mcf per day. Wells in statewide exempt fields shall be assigned allowables equal to their capacity to produce but in no event greater than 250 Mcf per day.(B) In fields where special field rules exist and no well has a current deliverability test of greater than 250 Mcf per day, an operator may request statewide exempt field status. The request may be granted administratively by the commission or commission designee if the applicant provides the commission with a declaration, signed by all operators, subject to the false filing penalties provided for in the Texas Natural Resources Code, §91.143, stating all operators in the field agree to exempt status. If declarations are not provided from all operators in the field or if the commission or commission designee declines to grant any request administratively, the applicant may request a hearing. If a notice of intent to appear in protest of the application has not been filed by five days before the date of the hearing, then there shall be a presumption that each well's first purchaser has a market for 100% of the well's deliverability as determined by the most recent deliverability tests on file with the Commission and that granting exempt status to the field will not harm correlative rights or cause waste and exempt status will be granted. Wells in exempt fields with special rules shall be assigned allowables equal to their capability to produce but in no event greater than 250 Mcf per day. If 250 Mcf per day is exceeded by any well, the field will be changed to the existing special field rule allocation. Reinstatement of allocation formula may be initiated by the commission designee, or by one of the operators in the field.(6) A limited well is a nonprorated well in a prorated field (other than a special or administrative special allowable well) with an allowable set below the maximum allowable it would receive under the allocation formula. A limited well shall be assigned an allowable at the rate that the well is capable of producing as determined by subsection (e) of this section.(7) A special allowable well is a nonprorated well granted a fixed allowable by the commission after notice and hearing.(8) An administrative special allowable well is a nonprorated well that has been granted an allowable pursuant to subsection (k) of this section.(9) The maximum allowable for a well is the largest allowable that can be assigned under applicable rules. For a limited well, the maximum allowable is the allowable the well would receive under the allocation formula. For a special allowable well, the maximum allowable is the allowable assigned pursuant to paragraph (7) of this subsection. For administrative special allowable wells, the maximum allowable is 100 Mcf/day for wells qualifying as administrative special wells under subsection (k)(1) of this section and is the allowable the well would receive under the allocation formula for wells qualifying as administrative special allowable wells under subsection (k)(2) of this section. Additionally, for administrative special allowable wells in prorated gas fields without special field rules, the maximum allowable is 250 Mcf a day. For a well in a one well field, the maximum allowable is the well's deliverability based on the latest deliverability test of record. For an associated gas well, the maximum allowable is the gas well allowable calculated by §3.49(b)(1) or (2) of this title (relating to Gas-Oil Ratio) (Statewide Rule 49).(h) Allowable adjustments and balancing provisions for nonprorated wells.(1) A nonprorated well shall not be allowed to accumulate underproduction. However, a limited well shall be entitled to accumulate underage up to the well's capability each month.(2) If the most recent production figures reported to the commission show a nonprorated well to be overproduced, the alllowable will be revised to cover overproduction that is in excess of the well's accumulated underproduction, up to the maximum allowable. A nonprorated well with accumulated overproduction will be assigned a supplemental allowable that will balance the accumulated overproduction or a supplemental allowable equal to the well's maximum allowable, whichever is smaller.(3) The allowable for wells in nonprorated fields, except for special and administrative special allowable wells, shall be limited to the lesser of:(A) the well's maximum allowable;(B) the well's capability as determined by subsection (e) of this section.(4) The initial allowable for special and administrative special allowable wells shall be the least of the well's:(A) capability;(B) its amount of production during the most recently reported production month; or(C) the amount provided for by the allocation formula.(i) Balancing provisions for overproduction and underproduction of gas for wells completed in prorated gas fields.(1) Balancing provisions for prorated fields. Except as provided in subsection (h) of this section or as necessary to prevent waste or protect correlative rights, balancing provisions will be applied for wells completed in prorated gas fields.(2) Balancing periods. For the purpose of computing and balancing overproduction and underproduction in prorated gas fields, the dates 7 a.m., March 1, and 7 a.m., September 1, are to be known as balancing dates; and the six-month periods beginning 7 a.m., March 1, and ending 7 a.m., September 1, and beginning 7 a.m., September 1, and ending 7 a.m., March 1, will be considered as separate entities and will be known as \"balancing periods.\"(3) Balancing provision for 49(b) fields. The balancing provisions may be applied by commission action after notice and hearing to fields where the well allowables are determined by §3.49(b) of this title (relating to Gas-Oil Ratio) (Statewide Rule 49(b)).(4) Underproduction.(A) If during the balancing period a prorated gas well or a limited well does not produce as much gas as is allocated to it by the commission, the operator of the well shall be permitted to carry such underproduction forward to the next succeeding balancing period as future allowable credit to be produced during that period.(B) The amount of underproduction to be carried forward into any new balancing period as allowed production during such new balancing period shall consist of the actual underproduction that accrued in the balancing period immediately preceding such new balancing period; and the accumulative well status as to underproduction, will be adjusted on each balancing date accordingly. An operator may request that underproduction not balanced during a second balancing period be carried forward to subsequent balancing periods. The operator's request must include evidence of increased market demand that will allow underproduction to be produced in the subsequent balancing period. The request may be granted administratively by the commission or a commission designee if the request was filed no later than the last day of the balancing period following the date the underproduction is canceled, the operator has given at least 21 days notice to all other operators in the field and the first purchaser of gas from the subject well, and no protest to the request has been filed. The request may also be approved administratively if the operator provides written waivers of objection from all to whom notice would be given as an alternative to notice and absence of protest. If the commission or a commission designee declines to grant administratively the request, the operator may request a hearing.(5) Overproduction.(A) Subject to the following prescribed conditions, the operator of a gas well, may produce the well in excess of the monthly allowable allocated to the well. No well shall in any one month be produced at a rate in excess of its underproduction plus twice its monthly allowable without obtaining approval from the commission prior to the due date for the production report for the overproduced month. A well which is balanced or overproduced may not in any one month produce an amount in excess of twice its monthly allowable without obtaining approval from the commission prior to the due date for the production report for the overproduced month. A well which is balanced or overproduced will not be granted such authority for more than two months in any six month balancing period.(B) A well overproduced as of a balancing date, which was also overproduced on the balancing date immediately preceding and remained overproduced for the entire period between the two balancing dates, shall be shut-in until the overproduction, existent as of the later of such two balancing dates, is made up. Upon request by an operator, the commission may grant authority to produce such a well at a fractional part of its monthly allowable (reduced rate) until its production and allowable are in balance. The commission or a commission designee may determine the permissible rate.(C) If a protest is received or the commission declines to approve a request to produce at a reduced rate, the operator of a well which under the provisions of subparagraph (B) of this paragraph is required to be shut-in, may request a hearing before the commission to determine whether shutting-in the well would damage it. Notice of the hearing will be given to all operators in the field and the first purchaser of the subject well. If, after consideration of the evidence submitted at the hearing, the commission finds that the well would be damaged if shut-in, the commission may allow the overproduction charged against it to be made up at a lesser rate than it would be made up if the well were shut-in. The commission or a commission designee may determine the permissible rate pending the result of the hearing.(D) Except where a well is shut-in to make up overproduction or is producing at a reduced rate, overproduction existent as of any balancing date shall be made up at any time during the next period; i.e., a specified fractional part of the overproduction need not be made up during each month of that balancing period, so long as all of such overproduction is made up during that balancing period.(j) Suspension of allocation formula.(1) The commission or a commission designee may administratively suspend the allocation formula for a particular gas field if:(A) each operator from that field has a market, for 100% of the deliverability, as determined by the deliverability tests on file with the commission, for its respective wells; and(B) all operators in the field consent to suspension of the formula.(2) Suspension of the allocation formula may be initiated by the commission or a commission designee, or by one of the operators in the field. The commission or a commission designee will determine which fields are appropriate for suspension utilizing the criteria of paragraph (1) of this subsection. The allocation formula may be administratively suspended if the applicant provides the commission with a declaration, subject to the false filing penalties provided for in the Natural Resources Code, §91.143, from all operators in the field stating that they have a market for 100% of the deliverability of their wells. If the commission or a commission designee declines to administratively suspend the allocation formula, the applicant may request a hearing as provided for in paragraph (4) of this subsection.(3) Reinstatement of the allocation formula may be initiated by the commission, commission designee, or by one of the operators in the field.(A) If, for any month, the market for gas production from a well in a field with a suspended allocation formula is less than 100% of the well's deliverability as determined by the deliverability tests on file with the commission, the operator of the field must inform the commission or a commission designee; upon such notification, the commission or commission designee will, with prior notice to the operators in the field, reinstate the allocation formula.(B) The allocation formula will be reinstated at the request of an operator from a field with a suspended allocation formula or at any time the commission deems reinstatement necessary to protect correlative rights or prevent waste.(4) If the commission or a commission designee reinstates the allocation formula or denies a request to suspend or reinstate the allocation formula in a particular field, the applicant may request a hearing. In addition to the criteria set forth in paragraph (1) of this subsection, the commission will consider whether suspension or reinstatement is necessary to prevent waste or protect correlative rights. An applicant may also request a hearing when unable to obtain written consent from all operators in a field pursuant to subparagraph (1)(B) of this subsection.(5) Suspension of the allocation formula will balance the field's production status at zero, and provide for a 100% capacity allowable.(k) Administrative Special Allowable.(1) A well which has a deliverability, capability, and six consecutive months of production of 100 Mcf per day or less, and the well is not producing in a 49(b) field, will be assigned an administrative special allowable pursuant to subsection (h) of this section. Additionally, a well which has a deliverability, capability, and six consecutive months of production of 250 Mcf a day or less, and the well is producing in a prorated field without special field rules, will be assigned an administrative special allowable pursuant to subsection (h) of this section.(2) A well, other than an administrative special allowable well defined in paragraph (1) of this subsection, in a prorated field whose average monthly production during the last six consecutive months falls below the cutoff percentage (determined by the commission at the monthly statewide hearing) of the well's top allowable averaged over that six-month period, will be assigned an administrative special allowable pursuant to subsection (h) of this section. The initial cutoff percentage is 70% and will remain at 70% until changed in accordance with this subparagraph. Administrative special allowable wells under this subsection will remain administrative special allowable wells until:(A) they overproduce the top allowable available under the applicable allocation formula; or(B) they receive a substitute capability pursuant to subsection (e) of this section; or(C) the commission resets the cutoff percentage below the well's average production level for the last six consecutive months.", "sourceNote": "Source Note: The provisions of this §3.31 adopted to be effective September 1, 1986, 11 TexReg 3680; amended to be effective July 1, 1992, 17 TexReg 3236; amended to be effective September 20, 1993, 18 TexReg 5977; amended to be effective January 11, 1994, 19 TexReg 71; amended to be effective May 19, 1997, 22 TexReg 4065; amended to be effective October 20, 1997, 22 TexReg 10311; amended to be effective February 1, 2016, 41 TexReg 785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224064", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.32", "label": "Gas Well Gas and Casinghead Gas Shall Be Utilized for Legal Purposes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7500", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Fugitive emissions--Releases of gas from lease production, gathering, compression, or gas plant equipment components, including emissions from valve stems, pressure relief valves, flanges and connections, gas-operated valves, compressor and pump seals, pumping well stuffing boxes, casing-to-casing bradenheads subject to the provisions of §3.17 of this title (relating to Pressure on Bradenhead), pits, and sumps, that cannot reasonably be captured and sold or routed to a vent or flare.(2) Gathering system--Facilities employed to collect, compress, and transport gas to another gas gathering system, a gas plant, compression facility, or transmission line.(3) Lease production facilities--Production, separation, treating, compression, flowlines, storage, and other production handling equipment employed on a lease in the production of gas, condensate, and oil.(4) Low pressure separator gas--Gas separated or liberated from a gas-liquid stream in a low pressure separation facility. Low pressure separation facilities include but are not limited to separators, treaters, free water knockouts, and other associated equipment.(5) Tank vapors--Gas which evolves from oil, condensate, or water when placed in a gunbarrel or storage tank.(b) Activities authorized by this section may be subject to rules and regulations promulgated by the United States Environmental Protection Agency under the federal Clean Air Act or the Texas Commission on Environmental Quality under the Texas Clean Air Act.(c) General Provisions. All gas from any oil well, gas well, gas gathering system, gas plant or other gas handling equipment shall be utilized for purposes and uses authorized by law, except as provided in this section. This section does not apply to gas transmission or gas distribution facilities or operations.(d) Exempt Gas Releases.(1) Releases of gas that are not readily measured by devices routinely used in the operation of oil wells, gas wells, gas gathering systems, or gas plants, such as meters, are not required by the commission to be reported or charged against lease allowable production and are not subject to the remaining requirements of this section. Releases of gas exempt from the requirements of this section under this paragraph include, but are not limited to, the following:(A) tank vapors from crude oil storage tanks, gas well condensate storage tanks, or salt water storage tanks, including makeup gas for gas blanket maintenance;(B) fugitive emissions of gas;(C) amine treater, glycol dehydrator flash tank and/or reboiler emissions;(D) blowdown gas from flow lines, gathering lines, meter runs, pressurized vessels, compressors, or other gas handling equipment for construction, maintenance or repair;(E) gas purged from compressor cylinders or other gas handling equipment for startup;(F) gas released at a wellsite during drilling operations and prior to the completion date of the well, including gas produced during air or gas drilling operations or gas which must be separated from drilling fluids using a mud-gas separator, or mud-degasser; or(G) gas released at a wellsite during initial completion, recompletion in another field, or workover operations in the same field, including but not limited to perforating, stimulating, deepening, cleanout, well maintenance or repair operations.(2) Notwithstanding the foregoing, the commission or the commission's delegate may require the flaring of releases of gas not readily measured by devices routinely used in the operation of oil wells, gas wells, gas gathering systems, or gas plants, such as meters, if the commission or the commission's delegate determines that flaring is required for safety reasons.(e) Gas Releases to be Burned in a Flare.(1) Except as otherwise provided in subsections (d), (f)(1)(B) and (C), (g)(2), or an exception granted under subsection (h) of this section, all gas releases of greater than 24 hours duration authorized under the provisions of this section shall be burned in a flare if the gas can be burned safely. All gas releases of 24 hours' duration or less authorized under the provisions of this section may be vented to the air if flaring is not required for safety reasons or by other regulation and the gas can be safely vented. (2) Gas releases authorized under this section must be managed in accordance with the provisions of §3.36 of this title (relating to Oil, Gas, Brine, or Geothermal Resource Operation in Hydrogen Sulfide Areas) when applicable.(3) An exception to the requirements of this subsection may be granted under subsection (h) by the commission or the commission's delegate to allow the venting of gas to the air for releases of greater than 24 hours' duration if the operator presents information that shows the gas cannot be both safely and continuously burned in a flare, and the gas can be safely vented.(4) Notwithstanding the provisions of paragraph (1) of this subsection or an exception granted under subsection (h), the commission or the commission's delegate may require that the gas be flared if flaring is required for safety reasons.(f) Gas Releases in Oil and Gas Production Operations.(1) The following releases of gas resulting from routine oil and gas production operations are necessary in the efficient drilling and operation of oil and gas wells and are hereby authorized subject to the requirements of subsection (e) of this section. The released gas shall be measured or estimated in accordance with §3.27 of this title (relating to Gas To Be Measured and Surface Commingling of Gas) and reported and charged against lease allowable production.(A) Gas may be released for a period not to exceed ten producing days after initial completion, recompletion in another field, or workover operations in the same field, including but not limited to perforating, stimulating, deepening, cleanout, well maintenance or repair operations.(B) Gas from a well that must be unloaded or cleaned-up to atmospheric pressure may be vented to the air for periods not to exceed 24 hours in one continuous event or a total of 72 hours in one calendar month.(C) In the event of a full or partial shutdown by a gas gathering system, compression facility, or gas plant, gas from a lease production facility served by that gas gathering system, compression facility or gas plant may be released for a period not to exceed 24 hours. The operator shall notify the appropriate commission district office by telephone or facsimile as soon as reasonably possible after the release of gas begins. An operator may continue the release by flaring or by venting of the gas, if flaring is not required for safety reasons or by other regulation, beyond the initial 24-hour period, pending commission approval or denial of a request for an administrative exception under subsection (h) of this section. The operator shall file the request with the commission by the end of the next full business day following the first 24 hours of the release unless the deadline is extended by the commission or the commission's delegate.(D) Hydrocarbon gas contained in the waste stream from a membrane unit or molecular sieve used to remove carbon dioxide, hydrogen sulfide, or other contaminants from a gas stream may be released, provided that at least 85% of the hydrocarbon gas in the inlet gas stream is recovered and directed to a legal use.(E) Low pressure separator gas, not to exceed 15 mcfd of hydrocarbon gas per gas well or 50 mcfd of hydrocarbon gas per commission-designated oil lease or commingling point for commingled operations, may be released.(2) The commission or the commission's delegate may administratively grant or renew an exception to the requirements or limitations of this subsection subject to the requirements of subsection (h) to allow additional releases of gas if the operator of a well or production facility presents information to show the necessity for the release. The volume of gas that is released must be measured or estimated in accordance with §3.27 of this title (relating to Gas To Be Measured and Surface Commingling of Gas) and reported on the appropriate commission form and shall be charged to the operator's allowable production. Necessity for the release includes, but is not limited to, the following situations:(A) Cleaning a well of solids or fluids or both for more than ten producing days following initial completion, recompletion in another field, or workover operations in the same field, including but not limited to perforating, stimulating, deepening, cleanout, or well maintenance or repair operations;(B) Unloading excess formation fluid buildup in a wellbore for periods in excess of 24 hours in one continuous event or 72 hours total in one calendar month;(C) Volumes of low pressure gas that can be measured with devices routinely used in oil and gas exploration, development, and production operations and that are not directed by an operator to a gas gathering system, gas pipeline, or other marketing facility, or other purposes and uses authorized by law due to mechanical, physical, or economic impracticability;(D) For casinghead gas only, the unavailability of a gas pipeline or other marketing facility, or other purposes and uses authorized by law; or(E) Avoiding curtailment of gas production which will result in a reduction of ultimate recovery from a gas well or oil reservoir.(g) Gas releases from gas gathering system, gas plant or gas handling operations.(1) The operator of a gas gathering system, gas plant, gas compressor facility or other gas handling equipment not directly associated with lease production of gas, shall not intentionally allow gas to be released for a period of more than 24 hours after the start of an upset condition. The operator shall notify the appropriate commission district office by telephone or facsimile as soon as reasonably possible after the release of gas begins. The volume of gas that is released must be measured or estimated in accordance with §3.27 of this title (relating to Gas To Be Measured and Surface Commingling of Gas) and reported on the appropriate commission form. The provisions of this subsection do not apply to accidental releases which are subject to or reported pursuant to any other commission rule.(2) The commission or the commission's delegate may administratively grant or renew an exception to the requirements or limitations of this subsection and allow additional releases of gas for a period greater than 24 hours if the operator presents information that shows the necessity for the release. An operator may continue the release by flaring or by venting of the gas, if flaring is not required for safety reasons or by other regulation, beyond the initial 24-hour period pending commission consideration of a request for an administrative exception under subsection (h) of this section. The request for exception is to be filed with the commission by the end of the next full business day following the first 24 hours of the release unless the deadline is extended by the commission or the commission's delegate. The following are examples of situations that may qualify for an exception under this paragraph:(A) gas gathering system or gas plant construction, repairs or maintenance;(B) gas plant turnaround; or(C) emergency situations.(h) Exceptions. The commission or the commission's delegate may administratively grant an exception authorized by this section provided that the requirements of this subsection are met.(1) The request for an exception shall be accompanied by the fee required by §3.78(b)(5) of this title (relating to Fees and Financial Security Requirements).(2) An administrative exception shall not exceed a period of 180 days.(3) The 180-day limitation shall not apply for volumes of gas less than or equal to 50 mcf of hydrocarbon gas per day for each gas well, commission-designated oil lease, or commingled vent or flare point.(4) Requests for exceptions for more than 180 days and for volumes greater than 50 mcf of hydrocarbon gas per day shall be granted only in a final order signed by the commission.(5) A request for an exception to cover an operating emergency, system upset, or other unplanned condition may be submitted by facsimile transmission or other means, provided that an original signed request is accompanied by the fee required by subsection (h)(1) of this section and is received by the commission within three working days of the facsimile transmission request.(6) Exceptions shall be issued to the operator of a gas well or commission-designated oil lease or commingling point for commingled operations and to the operator of a processing plant or other facility subject to this section.(7) Exceptions are not transferable upon a change of operatorship. Operators shall have 90 days from the date of commission approval of a transfer of operatorship to review existing exceptions to this section and, if continuation of the exception is needed, to make application for a new exception. The existing exception and existing authority shall remain in effect during the 90-day review period. If an operator files an application and fee for a new exception before the 90-day review period expires and the 90-day review period expires before the commission acts on the application, the operator is authorized to continue to operate under the existing authority pending final commission action on the application.(8) One application for exception to the requirements of this section may be filed for multiple releases from gas wells, commission-designated oil leases, gas gathering systems, gas compressors or other gas handling facilities when the release of gas is the result of a full or partial shut-down of a gas gathering system, gas plant, gas compressor or other gas handling facility under subsection (f)(1)(C) or (g)(1). Each well, lease or facility must be clearly identified by the applicant and a single fee paid under §3.78(b)(5) of this title (relating to Fees and Financial Security Requirements).(i) Renewal and Amendment of Exceptions.(1) The commission or the commission's delegate may renew an exception authorized by this section. An administrative renewal by the commission's delegate may not exceed a period of 180 days.(2) A renewal shall be based upon a showing by the operator of a well, lease, or other facility subject to this section, that the conditions for which the initial exception or latest renewal was granted have not significantly changed despite a good-faith attempt by the operator to direct the gas to or utilize the gas for purposes and uses authorized by law.(3) An operator shall file an application and fee for renewal of an exception with the commission 21 days prior to expiration of the existing exception authority. The request for renewal shall be accompanied by the fee required by §3.78(b)(5) of this title (relating to Fees and Financial Security Requirements).(4) If an operator files an application, accompanied by the required fee, for renewal of an existing exception to the requirements of this section at least 21 days before the expiration of the existing exception and the existing authority expires before the commission acts on the application, the operator is authorized to continue to operate under the existing authority pending final commission action on the application.(5) The request by an operator to amend an existing exception will require a new application for exception if the amendment will result in a material change of the previously granted exception.(6) Material changes include, but are not limited to, the following:(A) Change of operator of the well or facility subject to this section; and(B) An increase in volume of gas to be released or an extension of the duration of an exception greater than that provided for in subsection (h) of this section.(j) Opportunity for hearing.(1) An operator may request a hearing on any application for an exception or exception renewal required by this section.(2) An operator may request a hearing on any request for administrative approval of an exception or exception renewal that has been denied by the commission or the commission's delegate.", "sourceNote": "Source Note: The provisions of this §3.32 adopted to\r\nbe effective December 4, 1996, 21 TexReg 11367; amended to be effective\r\nJuly 10, 2000, 25 TexReg 6487; amended to be effective September 1,\r\n2004, 29 TexReg 8271; amended to be effective February 18, 2025, 50\r\nTexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7500", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.33", "label": "Geothermal Resource Production Test Forms Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A production test form, with all information requested thereon filled in, shall be filed in the district office not later than 10 days after the test is completed. Production operations shall not be commenced before the test form is filed and the commission grants authority to initiate operations.(b) The initial production test form for any new completion or recompletion must be accompanied by the well record.", "sourceNote": "Source Note: The provisions of this §3.33 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117865", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.34", "label": "Gas To Be Produced and Purchased Ratably" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223572", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section and in §3.31 of this title (relating to Gas Reservoirs and Gas Well Allowable) (Statewide Rule 31) shall have the following meanings, unless the context clearly indicates otherwise.(1) Affiliate--A person or entity that owns, is owned by, or is under common ownership with another person or entity to the extent of 50% or more or that otherwise controls or is controlled by another person or entity. Affiliates of a common entity are also affiliates of each other. A person or entity that purchases gas solely for purposes other than resale shall not be considered an affiliate, and an interstate pipeline, as defined in the Natural Gas Policy Act of 1978, §2(15) (15 United States Code §3301 et seq.), shall not be considered an affiliate of an intrastate pipeline.(2) Commission designee--A Railroad Commission employee authorized to act for the commission. Any authority given to a commission designee is also retained by the commission. Any action taken by the commission designee is subject to review by the commission.(3) Downstream purchaser--One that purchases natural gas for resale and is not a first purchaser.(4) First purchaser or initial purchaser--The first purchaser of natural gas produced from a well. A first purchaser and any affiliate of the purchaser that transports any natural gas it purchases from a well by use of the same pipeline system used by the first purchaser of which it is an affiliate shall be treated as a single first purchaser for purposes of ratability requirements; provided, however, that an affiliate that is purchasing and accepting deliveries pursuant to a special marketing program that is in compliance with this section, shall be treated as a separate first purchaser; and, provided further that the designation of such affiliate as a separate first purchaser is reviewable by the commission and may be disallowed upon a showing that the designation was for purposes of circumventing this section. Any affiliate may file forms in its own name.(5) Pipeline system--A network of physically connected pipelines that are operated as a single unit under normal conditions.(A) A first purchaser's pipeline system is that portion of a physical segment of a pipeline that the first purchaser owns.(B) If a first purchaser does not own the pipeline it uses to transport its gas, the first purchaser's pipeline system shall include all the wells from which it purchases that are on the pipeline system of the transport pipeline.(C) A first purchaser may not segregate its purchases from any one field into two or more pipeline systems by transporting on another pipeline gas that it purchases as a first purchaser if the first purchaser is also purchasing as a first purchaser from the same field and transporting on a pipeline that it owns.(D) A first purchaser may not segregate its purchases from any one field into two or more pipeline systems by executing gas exchange agreements.(E) Any of a first purchaser's pipeline systems which serve a common customer or common customers in a common geographic location shall be operated in a manner to avoid unjust or unreasonable discrimination in takes as between those systems.(F) A first purchaser shall not segregate its physically connected pipelines that are capable of being operated as a single unit under normal conditions into two or more pipeline systems or designate a gathering system as a separate system for purposes of circumventing this section.(6) Prorated gas field--A reservoir or field in which an allocation formula is in effect.(b) General provisions. This section is promulgated to promote and maintain ratable production of natural gas and to require production in compliance with priority categories established by the commission for the purposes of preventing waste, including production in excess of market demand, protecting correlative rights, preventing discrimination, and conserving the natural resources of this state. An operator shall not produce in excess of its ratable share of the market demand as determined by this section and §3.28 and §3.31 of this title (relating to Potential and Deliverability of Gas Wells To Be Ascertained and Reported, and Gas Reservoirs and Gas Well Allowable) (Statewide Rules 28 and 31). An operator shall produce ratably as set out in subsection (e) of this section and shall produce in compliance with subsection (i) of this section which establishes priority categories of natural gas. Because production is dictated by pipeline capacity and market demand, pipelines are an integral part of production regulation. The requirements imposed on pipelines by this section and §3.28 and §3.31 of this title (relating to Potential and Deliverability of Gas Wells To Be Ascertained and Reported, and Gas Reservoirs and Gas Well Allowable) (Statewide Rules 28 and 31) are enforced to assist in the regulation of production and provide the only method by which such production regulation can be enforced and market demand met as required by statutory law. A first purchaser shall not discriminate between different wells from which it purchases in the same field, nor shall it discriminate unjustly or unreasonably between separate fields. The provisions of this section requiring ratable production and purchasing of gas apply to purchase and production from wells from which a first purchaser is purchasing on its pipeline system.(c) Designation of pipeline system. A first purchaser shall, on or before a date designated by the commission or a commission designee, designate its pipeline system(s) and shall identify its affiliates that use the same pipeline system, including an affiliate operating a special marketing program that is in compliance with subsection (k) of this section. A pipeline system designation must identify the physical segment of pipeline that constitutes the pipeline system and identify by Railroad Commission of Texas lease and/or identification number and field the wells on that pipeline system from which the first purchaser is purchasing. A change in pipeline system designation is not required to add or delete well connections. The designation of a pipeline system cannot be changed by a first purchaser without prior approval by the commission or a commission designee. Approval of a change in pipeline system designation cannot be given without prior notice of the requested designation given by the first purchaser to affected operators of wells on the system(s) for which a change in designation is sought. A hearing to determine the proper designation of a first purchaser's pipeline system may be called by the commission, or may be requested by a first purchaser or by an operator filing a complaint. The burden of proof in the hearing shall be on the first purchaser.(d) Operators who use produced gas. Any person who purchases natural gas at the wellhead, at a common point within a field or fields or at the outlet of a processing or treating plant must determine if it is the initial purchaser.(e) Production guidelines. An operator shall produce without discrimination between its wells in the same field on the same first purchaser's pipeline system and without unjust or unreasonable discrimination between its wells in separate fields on the same first purchaser's pipeline system. An operator shall apportion a first purchaser's delivery requests ratably to its wells in each field on the same first purchaser's pipeline system without discrimination in the same manner as provided in this section and §3.28 and §3.31 of this title (relating to Potential and Deliverability of Gas Wells To Be Ascertained and Reported, and Gas Reservoirs and Gas Well Allowable) (Statewide Rules 28 and 31) and shall not produce in excess of its ratable share of the market demand as its share is determined by those rules. An operator shall produce in compliance with the priority categories of gas production established by the commission in subsection (i) of this section.(f) Purchases from different fields.(1) In making purchases and accepting deliveries between fields, a first purchaser of natural gas that purchases and accepts delivery of gas from more than one field on its same pipeline system must accept from each field a consistent percentage of the portion of the aggregate deliverability as determined by the deliverability tests and total gas limits that it is entitled to purchase from all wells from which it purchases on its pipeline system, unless the purchaser can demonstrate a just and reasonable basis for discriminating between fields.(2) Natural gas purchases from a well by a first purchaser that uses another first purchaser's pipeline system to transport its gas and sells the gas purchased on that pipeline system solely to the first purchaser that owns the transport pipeline must be treated as first purchases of gas by the first purchaser that owns the transport pipeline.(g) Purchases within a field.(1) In making purchases and accepting deliveries within fields, a first purchaser of natural gas that purchases and accepts delivery of gas from different gas wells in the same priority category (see subsection (i) of this section) in the same field on its same pipeline system shall purchase and accept from the wells from which it purchases in the field a consistent percentage of the portion that it is entitled to purchase of the maximum allowable that a well is entitled to under the field's allocation formula. If purchases and deliveries from different wells in the same field become nonratable, the first purchaser shall consider commission-assigned underproduction and overproduction to establish an appropriate pattern of purchases or acceptance of deliveries to restore ratability.(2) Natural gas purchases from a well by a first purchaser that uses another first purchaser's pipeline system to transport its gas and sells the gas purchased on that pipeline system solely to the first purchaser that owns the transport pipeline must be treated as first purchases of gas by the first purchaser that owns the transport pipeline.(3) Purchases and deliveries of casinghead gas shall be based on the well's gas limit as specified in §3.49 of this title (relating to Gas-Oil Ratio) (Statewide Rule 49) as provided in subsection (h) of this section. Overproduction and underproduction of gas is administered by the provisions of §3.31 of this title (relating to Gas Reservoirs and Gas Well Allowable) (Statewide Rule 31). A first purchaser shall not reduce purchases from a limited well as described in §3.31(g)(5) until all prorated gas wells from which it purchases in the field connected to its same pipeline system are ratably reduced to the assigned allowable of the limited well. Below that point, purchases from all prorated wells and limited wells should be reduced ratably by purchasing and accepting delivery of the same percentage of the portion that it is entitled to purchase of the maximum allowable established for the well by the field's allocation formula. If purchases and deliveries from different wells in the same field become nonratable, the first purchaser shall consider commission-assigned underproduction and overproduction in establishing an appropriate pattern of purchases or acceptances of deliveries to restore ratability. When purchases of gas described in subsection (i)(2) or (5) of this section are to be reduced, they shall be reduced ratably within each priority category.(h) Casinghead gas reductions. When purchases and deliveries of casinghead gas described in subsection (i)(1) or (3) of this section are to be reduced, each well's share of the reduction shall be calculated by multiplying the total reduction by the fractional share that each well's gas limit bears to the arithmetic sum of the aggregate gas limits of all wells in the field from which the first purchaser has been purchasing on its same pipeline system. In calculating its reduction of a well, a first purchaser shall use that portion of the gas limits that it is entitled to purchase. A well operating under net gas/oil ratio authority shall produce no more gas than its gas limit as it would be reduced by the previously mentioned procedure absent the net gas/oil ratio authority.(i) Priority categories. First purchasers of gas shall satisfy their pipeline system demand for gas by purchasing and accepting delivery of gas from the following priority categories in ascending numerical order. Lower priority category gas is gas from a higher numerical category. A first purchaser shall not within its pipeline system curtail gas from a priority category if the purchaser is purchasing and accepting delivery of lower priority category gas as a first purchaser on its same pipeline system. A first purchaser's purchases and acceptance of delivery of first, second, or third priority category gas under an obligation to purchase and accept delivery from the tailgate of a plant processing gas to extract liquids, or from a gathering system that purchases from wells and is required by contract or by its physical connections to sell its gas entirely to the purchaser, whether or not these purchases are made as a first purchaser, shall not be curtailed if the first purchaser is purchasing and accepting delivery of lower priority category gas as a first purchaser on its same pipeline system. If curtailed, the curtailment must be ratable with like priority category gas which the first purchaser is purchasing and accepting delivery of from wells on its same pipeline system.(1) First priority shall be given to casinghead gas produced from certified tertiary recovery projects approved by the commission and secondary recovery projects involving water injection, gas injection, or pressure maintenance approved by the commission to prevent waste.(2) Second priority shall be given to gas from special allowable wells as defined in §3.31(g)(6) of this title (relating to Gas Reservoirs and Gas Well Allowable) (Statewide Rule 31) granted special allowable status after the effective date of this section to prevent physical waste. Wells classified as special allowable wells pursuant to notice and hearing prior to the effective date of this section shall be given second priority unless a new determination is made that the special allowable status is not necessary to prevent physical waste.(3) Third priority shall be given to the remainder of casinghead gas so that gas produced in association with oil production shall not be wastefully vented and oil production shall not be unnecessarily curtailed. Gas recovered from a landfill or sewage process shall also be given third priority.(4) Fourth priority shall be given to gas from wells classified under §3.49(b) of this title (relating to Gas-Oil Ratio) (Statewide Rule 49), but only to the extent of one full allowable for multiple 49(b) wells.(5) Fifth priority shall be given to gas from administrative special allowable wells as defined in §3.31(g)(7) of this title (relating to Gas Reservoirs and Gas Well Allowable) (Statewide Rule 31) to gas from special allowable wells as described in §3.31(g)(6) granted that status prior to the effective date of this section (see paragraph (2) of this subsection) without notice and hearing, and to gas from special allowable wells granted that status by the commission subsequent to the effective date of this section after notice and hearing for other reasons than to prevent physical waste.(6) Sixth priority shall be given to the remainder of gas well gas, including limited wells (see subsection (g) of this section).(j) Prohibition against discriminating in favor of purchaser's own production. A first purchaser of natural gas may not discriminate between or against natural gas of a similar kind or quality in favor of its own production or production in which it may be directly or indirectly interested in whole or in part.(k) Special marketing programs. If a first purchaser elects to qualify an affiliate as a separate first purchaser, the first purchaser may designate the affiliate as a special marketing program. The special marketing program must comply with the following with respect to the purchase and acceptance of delivery of natural gas.(1) For purposes of this subsection, an affiliated first purchaser is the special marketing program purchaser's affiliate whose pipeline is being used to transport the gas in the special marketing program.(2) Each and every special marketing program offer to purchase gas must be made without discrimination within a field and without unjust or unreasonable discrimination between fields to all operators for all wells on the pipeline system of the affiliated first purchaser from which the affiliated first purchaser has been purchasing and accepting delivery of gas as a first purchaser. The offer must also be made for all first, second, and third priority category gas on the affiliated first purchaser's pipeline system which it has been purchasing and accepting for delivery under an obligation to purchase and accept delivery from the tailgate of a plant processing gas to extract liquids or from a gathering system that purchases from wells and is required by contract or by its physical connections to sell its gas entirely to the affiliated first purchaser, whether or not those purchases were made as a first purchaser.(3) It is unreasonably discriminatory, and therefore prohibited, for the offer to purchase gas in the special marketing program, or for any release of gas for sale in the special marketing program to require release of any claims under any existing contract or require modification of any existing contract provisions other than a release of the gas for sale in the special marketing program or a requirement of a volume-for-volume basis for gas taken in the special marketing program to be credited against the contract from which gas is released for sale in the special marketing program, if the credit provision is limited to the period of actual participation in the special marketing program. Nothing in this paragraph shall prohibit an operator of any well from offering terms inconsistent with these provisions. The making of an offer which is not accepted shall not affect rights under existing contracts.(4) If a well producing priority category 1, 2, or 3 gas is shut in or curtailed, and waste, as defined in the Texas Natural Resource Code, Title 3, is found by the commission to exist, neither a special marketing program purchaser nor its affiliated first purchaser may purchase lower priority category gas until all the priority Category 1, 2, and 3 gas is taken and resulting waste is prevented. The commission shall expedite determination of waste, and may enter an emergency, temporary, or interim order upon application and affidavit proof that waste is occurring. The application and affidavit proof must be accompanied by supporting documentation, including data on well performance, and a statement that the application and affidavit proof has been served on the first purchaser(s) of the subject well(s) and any affiliated special marketing program purchaser using the first purchaser(s) same pipeline system on or before the date the application and affidavit proof has been mailed or delivered to the commission, with the opportunity for the first purchaser to respond within five days of service or of commission receipt, whichever is latest.(5) The affiliated first purchaser must continue in compliance with this section to purchase and accept delivery from the wells for which the offer was made and not accepted.(6) With respect to the purchase of gas from those that accept an offer made pursuant to this subsection, the special marketing program purchaser must comply with this section and §3.28 and §3.31 of this title (relating to Potential and Deliverability of Gas Wells To Be Ascertained and Reported, and Gas Reservoirs and Gas Well Allowable) (Statewide Rules 28 and 31) as a separate first purchaser.(7) It is not the objective of this subsection to abrogate any existing contract rights or obligations.(l) Sellers' complaint procedure. Any operator or nonoperator that is denied by the first purchaser in violation of this section or §3.28 or §3.31 of this title (relating to Potential and Deliverability of Gas Wells To Be Ascertained and Reported, and Gas Reservoirs and Gas Well Allowable) (Statewide Rules 28 and 31) the opportunity to produce a well's ratable share of gas or opportunity for a well to participate in a special marketing program may file a complaint with the commission and request the commission to direct the first purchaser to end the discriminatory practices. A complainant may request a hearing regarding alleged discriminatory practices or to determine whether a first purchaser is or has, through gas exchange agreements or through actions of its affiliate(s), denied an operator a reasonable opportunity to market its gas.(m) Purchasers' complaint procedure. If after reasonable notice by the purchaser, an operator fails to comply with a first purchaser's request to reduce production ratably in compliance with this section and §3.28 and §3.31 of this title (relating to Potential and Deliverability of Gas Wells To Be Ascertained and Reported, and Gas Reservoirs and Gas Well Allowable) (Statewide Rules 28 and 31) the purchaser may file a complaint with the commission and request the commission to direct the operator to comply with the purchaser's requests to reduce production ratably. The complainant or the operator may request the commission to take further action, including setting the issue for hearing.(n) Hardship exceptions. If the operation of this section or §3.28 or §3.31 of this title (relating to Potential and Deliverability of Gas Wells To Be Ascertained and Reported, and Gas Reservoirs and Gas Well Allowable) (Statewide Rules 28 and 31) causes undue hardship, the commission may, after proper notice and hearing, grant an exception or take appropriate action, including action to prevent waste or protect correlative rights.(o) Severability provisions. If any provision of this section or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provisions or appreciation, and the provisions of the section are declared to be severable.", "sourceNote": "Source Note: The provisions of this §3.34 adopted to be effective September 1, 1986, 11 TexReg 3691; amended to be effective March 2, 1987, 12 TexReg 536; amended to be effective September 8, 1987, 12 TexReg 2860; amended to be effective February 29, 1988, 13 TexReg 838; amended to be effective July 1, 1992, 17 TexReg 3236; amended to be effective November 24, 2004, 29 TexReg 10728." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223572", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.35", "label": "Procedures for Identification and Control of Wellbores in Which Certain Logging Tools Have Been Abandoned" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224065", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Abandonment of radioactive source. (1) Immediate notice of the loss of a radioactive source shall be filed by the operator with the commission designating the location, by county, survey name and abstract number, lease name and well number, distances from survey boundaries and Lambert Coordinates.(2) Procedures for recovery of the lost radioactive source will be furnished to the commission and such radioactive source shall not be declared abandoned until all reasonable effort has been expended to retrieve the tool.(3) The operator shall erect, under supervision of the commission, a standardized permanent surface marker as a visual warning to any person who may reenter the hole for any reason, showing that it contains a radioactive source. This marker shall contain the following information: well name, commission number, surface location, name of the operator, name of the lease, the source or material abandoned in the well, the total depth of the well, the depth at which the source is abandoned, the plug back depth, the date of the abandonment of the source, the activity of the source, and a warning not to drill below the plug back depth.(b) Abandonment procedures. (1) Wells in which radioactive sources are abandoned shall be mechanically equipped so as to prevent either accidental or intentional mechanical disintegration of the radioactive source.(A) Sources abandoned in the bottom of the well shall be covered with a substantial standard color dyed (red iron oxide) cement plug on top of which a whipstock or other approved deflection device shall be set. The dye is to alert the reentry operator prior to encountering the source.(B) Upon abandoning the well in which a logging source has been cemented in place behind a casing string above total depth, a standard color dyed cement plug shall be placed opposite the abandoned source and a whipstock or other approved deflection device placed on top of the plug.(C) In the event the operator finds that after expending a reasonable effort, because of hole conditions, it is not possible to abandon the source as prescribed in subparagraphs (A) and (B) of this paragraph, he shall seek commission approval to an alternate abandonment procedure.(D) When a logging source must be abandoned in a producing zone, a standard color dyed cement plug shall be set and a whipstock or other approved deflection device placed above to direct the sidetrack at least 15 feet away from the source.(2) Upon permanent abandonment of any well in which a radioactive source is left in the hole, and after removal of the wellhead, a permanent plaque shall be attached to the top of the casing left in the hole in such a manner that reentry cannot be accomplished without disturbing the plaque. This plaque shall serve as a visual warning to any person reentering the hole that a radioactive source has been abandoned in place in the well. The plaque shall contain the trefoil radiation symbol with a radioactive warning and shall be constructed of a long-lasting material such as monel, stainless steel, or brass, in accordance with specifications established by the commission. The plugging report filed with the commission shall identify the well as an abandoned radioactive source well, and shall show compliance with the procedures required by this section.", "sourceNote": "Source Note: The provisions of this §3.35 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224065", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.36", "label": "Oil, Gas, or Geothermal Resource Operation in Hydrogen Sulfide Areas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194456", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. Each operator who conducts operations as described in paragraph (1) of this subsection shall be subject to this section and shall provide safeguards to protect the general public from the harmful effects of hydrogen sulfide. This section applies to both intentional and accidental releases of hydrogen sulfide.(1) Operations including drilling, working over, producing, injecting, gathering, processing, transporting, and storage of hydrocarbon, brine, or geothermal fluids that are part of, or directly related to, field production, transportation, and handling of hydrocarbon, brine, or geothermal fluids that contain gas in the system which has hydrogen sulfide as a constituent of the gas, to the extent as specified in subsection (c) of this section, general provisions.(2) This section shall not apply to:(A) operations involving processing oil, gas, or hydrocarbon fluids which are either an industrial modification or products from industrial modification, such as refining, petrochemical plants, or chemical plants;(B) operations involving gathering, storing, and transporting stabilized liquid hydrocarbons;(C) operations where the concentration of hydrogen sulfide in the system is less than 100 ppm.(b) Definitions.(1) Industrial modification--This term is used to identify those operations related to refining, petrochemical plants, and chemical plants. The term does not include field processing such as that performed by gasoline plants and their associated gathering systems.(2) Stabilized liquid hydrocarbon--The product of a production operation in which the entrained gaseous hydrocarbons have been removed to the degree that said liquid may be stored at atmospheric conditions.(3) Radius of exposure--That radius constructed with the point of escape as its starting point and its length calculated as provided for in subsection (c)(2) of this section.(4) Area of exposure--The area within a circle constructed with the point of escape as its center and the radius of exposure as its radius.(5) Public area--A dwelling, place of business, church, school, hospital, school bus stop, government building, a public road, all or any portion of a park, city, town, village, or other similar area that can expect to be populated.(6) Public road--Any federal, state, county, or municipal street or road owned or maintained for public access or use.(7) Sulfide stress cracking--The cracking phenomenon which is the result of corrosive action of hydrogen sulfide on susceptible metals under stress.(8) Facility modification--Any change in the operation such as an increase in throughput, in excess of the designed capacity, or any change that would increase the radius of exposure.(9) Public infringement--This shall mean that a public area and/or a public road, or both, has been established within an area of exposure to the degree that such infringement would change the applicable provisions of this rule to those operations responsible for creating the area of exposure.(10) Potentially hazardous volume of hydrogen sulfide--A volume of hydrogen sulfide gas of such concentration that:(A) the 100 ppm radius of exposure is in excess of 50 feet and includes any part of a \"public area\" except a public road; or(B) the 500 ppm radius of exposure is greater than 50 feet and includes any part of a public road; or(C) the 100 ppm radius of exposure is greater than 3,000 feet.(11) Contingency plan--A written document that shall provide an organized plan of action for alerting and protecting the public within an area of exposure prior to an intentional release, or following the accidental release of a potentially hazardous volume of hydrogen sulfide.(12) Reaction-type contingency plan--A preplanned, written procedure for alerting and protecting the public, within an area of exposure, where it is impossible or impractical to brief in advance all of the public that might possibly be within the area of exposure at the moment of an accidental release of a potentially hazardous volume of hydrogen sulfide.(13) Definition of referenced organizations and publications. (A) ANSI--American National Standard Institute, 1430 Broadway, New York, New York 10018, Table I, Standard 253.1-1967.(B) API--American Petroleum Institute, 300 Corrigan Tower Building, Dallas, Texas 75201, Publication API RP-49, Publication API RP-14E, Sections 1.7(c), 2.1(c) 4.7.(C) ASTM--American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103, Standard D-2385-66.(D) GPA--Gas Processors Association, 1812 First Place, Tulsa, Oklahoma 74120, Plant Operation Test Manual C-1, GPA Publication 2265-68.(E) NACE--National Association of Corrosion Engineers, P.O. Box 1499, Houston, Texas 77001, Standard MR-01-75.(F) DOT--Department of Transportation, Office of Pipeline Safety, 400 Seventh Street, S.W., Washington, D.C. 20590, Title 49, Code of Federal Regulations, Parts 192 and 195.(G) OSHA--Occupational Safety and Health Administration, United States Department of Labor, 200 Constitution Avenue, NW, Washington D.C. 20270, Title 29, Code of Federal Regulations, Part 1910.145(c)(4)(i). (H) RRC--Railroad Commission of Texas, Gas Utilities Division, P.O. Drawer 12967, Capitol Station, Austin, Texas 78711, Gas Utilities Dockets 446 and 183.(c) General provisions.(1) Each operator shall determine the hydrogen sulfide concentration in the gaseous mixture in the operation or system.(A) Tests shall be made in accordance with standards as set by ASTM Standard D-2385-66, or GPA Plant Operation Test Manual C-1, GPA Publication 2265-68, or other methods approved by the commission. (B) Test of vapor accumulation in storage tanks may be made with industry accepted colormetric tubes.(2) For all operations subject to this section, the radius of exposure shall be determined, except in the cases of storage tanks, by the following Pasquill-Gifford equations, or by other methods that have been approved by the commission.(A) For determining the location of the 100 ppm radius of exposure: x = [(1.589) (mole fraction H2S)(Q)] to the power of (.6258).(B) For determining the location of the 500 ppm radius of exposure: x = [(0.4546) (mole fraction H2S)(Q)] to the power of (.6258). Where x = radius of exposure in feet; Q = maximum volume determined to be available for escape in cubic feet per day; H 2S = mole fraction of hydrogen sulfide in the gaseous mixture available for escape.(3) The volume used as the escape rate in determining the radius of exposure shall be that specified in subparagraph (A) - (E) of this paragraph, as applicable.(A) The maximum daily volume rate of gas containing hydrogen sulfide handled by that system element for which the radius of exposure is calculated.(B) For existing gas wells, the current adjusted open-flow rate, or the operator's estimate of the well's capacity to flow against zero back-pressure at the wellhead shall be used.(C) For new wells drilled in developed areas, the escape rate shall be determined by using the current adjusted open-flow rate of offset wells, or the field average current adjusted open-flow rate, whichever is larger.(D) The escape rate used in determining the radius of exposure shall be corrected to standard conditions of 14.65 pounds per square inch (psia) and 60 degrees Fahrenheit.(E) For intentional releases from pipelines and pressurized vessels, the operator's estimate of the volume and release rate based on the gas contained in the system elements to be de-pressured.(4) For the drilling of a well in an area where insufficient data exists to calculate a radius of exposure, but where hydrogen sulfide may be expected, then a 100 ppm radius of exposure equal to 3,000 feet shall be assumed. A lesser-assumed radius may be considered upon written request setting out the justification for same. (5) Storage tank provision: storage tanks which are utilized as a part of a production operation, and which are operated at or near atmospheric pressure, and where the vapor accumulation has a hydrogen sulfide concentration in excess of 500 ppm, shall be subject to the following.(A) No determination of a radius of exposure shall be made for storage tanks as herein described.(B) A warning sign shall be posted on or within 50 feet of the facility to alert the general public of the potential danger.(C) Fencing as a security measure is required when storage tanks are located inside the limits of a townsite or city, or where conditions cause the storage tanks to be exposed to the public.(D) The warning and marker provision, paragraph (6)(A)(i), (ii), and (iv) of this subsection.(E) The certificate of compliance provision, subsection (d)(1) of this section.(6) All operators whose operations are subject to this section, and where the 100 ppm radius of exposure is in excess of 50 feet, shall be subject to the following.(A) Warning and marker provision.(i) For above-ground and fixed surface facilities, the operator shall post, where permitted by law, clearly visible warning signs on access roads or public streets, or roads which provide direct access to facilities located within the area of exposure.(ii) In populated areas such as cases of townsites and cities where the use of signs is not considered to be acceptable, then an alternative warning plan may be approved upon written request to the commission.(iii) For buried lines subject to this section, the operator shall comply with the following.(I) A marker sign shall be installed at public road crossings.(II) Marker signs shall be installed along the line, when it is located within a public area or along a public road, at intervals frequent enough in the judgment of the operator so as to provide warning to avoid the accidental rupturing of line by excavation.(III) The marker sign shall contain sufficient information to establish the ownership and existence of the line and shall indicate by the use of the words \"Poison Gas\" that a potential danger exists. Markers installed in compliance with the regulations of the federal Department of Transportation shall satisfy the requirements of this provision. Marker signs installed prior to the effective date of this section shall be acceptable provided they indicate the existence of a potential hazard.(iv) In satisfying the sign requirement of clause (i) of this subparagraph, the following will be acceptable.(I) Sign of sufficient size to be readable at a reasonable distance from the facility.(II) New signs constructed to satisfy this section shall use the language of \"Caution\" and \"Poison Gas\" with a black and yellow color contrast. Colors shall satisfy Table I of American National Standard Institute Standard 253.1-1967. Signs installed to satisfy this section are to be compatible with the regulations of the federal Occupational Safety and Health Administration.(III) Existing signs installed prior to the effective date of this section will be acceptable if they indicate the existence of a potential hazard.(B) Security provision.(i) Unattended fixed surface facilities shall be protected from public access when located within 1/4 mile of a dwelling, place of business, hospital, school, church, government building, school bus stop, public park, town, city, village, or similarly populated area. This protection shall be provided by fencing and locking, or removal of pressure gauges and plugging of valve opening, or other similar means. For the purpose of this provision, surface pipeline shall not be considered as a fixed surface facility.(ii) For well sites, fencing as a security measure is required when a well is located inside the limits of a townsite or city, or where conditions cause the well to be exposed to the public.(iii) The fencing provision will be considered satisfied where the fencing structure is a deterrent to public access.(C) Materials and equipment provision.(i) For new construction or modification of facilities (including materials and equipment to be used in drilling and workover operations) completed or contemplated subsequent to the effective date of this section, the metal components shall be those metals which have been selected and manufactured so as to be resistant to hydrogen sulfide stress cracking under the operating conditions for which their use is intended, provided that they satisfy the requirements described in the latest editions of NACE Standard MR-01-75 and API RP-14E, sections 1.7(c), 2.1(c), 4.7. The handling and installation of materials and equipment used in hydrogen sulfide service are to be performed in such a manner so as not to induce susceptibility to sulfide stress cracking. Other materials which are nonsusceptible to sulfide stress cracking, such as fiberglass and plastics, may be used in hydrogen sulfide service provided such materials have been manufactured and inspected in a manner which will satisfy the latest published, applicable industry standard, specifications, or recommended practices.(ii) Other materials and equipment (including materials and equipment used in drilling and workover operations) which are not included within the provision of clause (i) of this subparagraph may be used for hydrogen sulfide service provided:(I) such materials and equipment are proved, as the result of advancements in technology or as the result of control and knowledge of operating conditions (such as temperature and moisture content), to be suitable for the use intended and where such usage is technologically acceptable as good engineering practice; and(II) the commission has approved the use of said materials and equipments for the specific uses after written application.(iii) Existing facilities (including materials in present common usage for drilling and workover operations in hydrogen sulfide areas) which are in operation prior to the effective date of this section, and where there has been no failure of existing equipment attributed to sulfide stress cracking, shall satisfy the requirements of this section.(iv) In the event of a failure of any element of an existing system as the result of hydrogen sulfide stress cracking, the compliance status of the system shall be determined by the commission after the operator has submitted to the commission a detailed written report on the failure.(7) All operations subject to subsection (a) of this section shall be subject to the additional control and equipment safety provision, paragraph (8) of this subsection, and the contingency plan provision, paragraph (9) of this subsection, if any of the following conditions apply:(A) the 100 ppm radius of exposure is in excess of 50 feet and includes any part of a \"public area\" except a public road;(B) the 500 ppm radius of exposure is greater than 50 feet and includes any part of a public road;(C) the 100 ppm radius of exposure is greater than 3,000 feet.(8) Control and equipment safety provision. Operators subject to this provision shall install safety devices and maintain them in an operable condition or shall establish safety procedures designed to prevent the undetected continuing escape of hydrogen sulfide. For intentional releases of a potentially hazardous volume of hydrogen sulfide gas, the gas must be flared unless permission to vent is obtained from the commission or its delegate. Venting will be allowed only upon a showing that the venting will not pose an unreasonable risk of harm to the public.(9) Contingency plan provision.(A) All operators whose operations are subject to this provision shall develop a written contingency plan complete with all requirements before hydrogen sulfide operations are begun.(B) The purpose of the contingency plan shall be to provide an organized plan of action for alerting and protecting the public prior to an intentional release, or following the accidental release of a potentially hazardous volume of hydrogen sulfide.(C) The contingency plan shall be activated prior to an intentional release, or immediately upon the detection of an accidental release of a potentially hazardous volume of hydrogen sulfide.(D) Conditions that might exist in each area of exposure shall be considered when preparing a contingency plan.(E) The plan shall include instructions and procedures for alerting the general public and public safety personnel of the existence of an emergency.(F) The plan shall include procedures for requesting assistance and for follow-up action to remove the public from an area of exposure.(G) The plan shall include a call list which shall include the following as they may be applicable:(i) local supervisory personnel;(ii) county sheriff;(iii) Department of Public Safety;(iv) city police;(v) ambulance service;(vi) hospital;(vii) fire department;(viii) doctors;(ix) contractors for supplemental equipment;(x) district Railroad Commission office;(xi) the appropriate regional office of the Texas Commission on Environmental Quality or its successor agencies;(xii) other public agencies.(H) The plan shall include a plat detailing the area of exposure. The plat shall include the locations of private dwellings or residential areas, public facilities, such as schools, business locations, public roads, or other similar areas where the public might reasonably be expected within the area of exposure.(I) The plan shall include names and telephone numbers of residents within the area of exposure, except in cases where the reaction plan option has been approved by the commission in accordance with subparagraph (L) of this paragraph.(J) The plan shall include a list of the names and telephone numbers of the responsible parties for each of the possibly occupied public areas, such as schools, churches, businesses, or other public areas or facilities within the area of exposure.(K) The plan shall include provisions for advance briefing of the public within an area of exposure. Such advance briefing shall include the following elements:(i) the hazards and characteristics of hydrogen sulfide;(ii) the necessity for an emergency action plan;(iii) the possible sources of hydrogen sulfide within the area of exposure;(iv) instructions for reporting a gas leak;(v) the manner in which the public will be notified of an emergency;(vi) steps to be taken in case of an emergency.(L) In the event of a high density of population, or the case where the population density may be unpredictable, a reaction type of plan, in lieu of advance briefing for public notification, will be acceptable. The reaction plan option must be approved by the commission.(M) The plan shall include additional support information, if applicable, such as:(i) location of evacuation routes;(ii) location of safety and life support equipment;(iii) location of hydrogen sulfide containing facilities;(iv) location of nearby telephones and/or other means of communication; and(v) special instructions for conditions at a particular installation such as local terrain and the effect of various weather conditions.(N) The Railroad Commission District Office shall be notified as follows if the contingency plan is activated:(i) 12 hours in advance of an intentional release or as soon as a decision is made to release if such decision could not reasonably have been made more than 12 hours prior to the release;(ii) immediately in the case of an accidental release;(iii) as soon as possible before or after an unplanned intentional release made in an emergency situation to prevent a possible uncontrolled release.(O) The retention of the contingency plan shall be as follows.(i) The plan shall be available for commission inspection at the location indicated on the certificate of compliance.(ii) The plan shall be retained at the location which lends itself best to activation of the plan.(P) In the event that, due to particular situations, a contingency plan cannot be developed consistent with the provisions of this paragraph, relating to the contingency plan, then the operator may develop an adjusted plan to fit the situation, and submit same with the certificate of compliance. Approval of the certificate of compliance so submitted will constitute approval of the contingency plan.(Q) The plan shall be kept updated to insure its current applicability.(10) Injection provision.(A) Injection of fluids containing hydrogen sulfide shall not be allowed under the conditions specified in this provision unless first approved by the commission after public hearing:(i) where injection fluid is a gaseous mixture, or would be a gaseous mixture in the event of a release to the atmosphere, and where the 100 ppm radius of exposure is in excess of 50 feet and includes any part of a public area except a public road; or, if the 500 ppm radius of exposure is in excess of 50 feet and includes any part of a public road; or if the 100 ppm radius of exposure is 3,000 feet or greater;(ii) where the hydrogen sulfide content of the gas or gaseous mixture to be injected has been increased by a processing plant operation.(B) Each project involving the injection of gas or gaseous mixtures containing hydrogen sulfide which does not require a public hearing prior to receiving commission approval specified in this provision shall nevertheless be subject to the other provisions of this section to the extent that such provisions are applicable to such project.(11) In addition to any other requirements of this section, drilling and workover operations, and gasoline plant sites where the 100 ppm radius of exposure is 50 feet or greater shall be subject to the following.(A) Protective breathing equipment shall be maintained in two or more locations at the site.(B) Wind direction indicators shall be installed at strategic locations at or near the site and be readily visible from the site.(C) Automatic hydrogen sulfide detection and alarm equipment that will warn of the presence of hydrogen sulfide gas in concentrations that could be harmful shall be utilized at the site.(12) Drilling provision. Drilling and workover operations where the 100 ppm radius of exposure includes a public area or is 3,000 feet or greater shall be subject to the following additional provisions.(A) Protective breathing equipment shall be maintained at the well site and shall be sufficient to allow for well control operations.(B) The operator shall provide a method of igniting the gas in the event of an uncontrollable emergency.(C) The operator shall install a choke manifold, mud-gas separator, and flare line, and provide a suitable method for lighting the flare.(D) Secondary remote control of blowout prevention and choke equipment to be located away from the rig floor at a safe distance from the wellhead.(E) Drill stem testing of hydrogen sulfide zones is permitted only in daylight hours.(F) The Railroad Commission district office shall be notified of the intention to conduct a drill stem test of a formation containing hydrogen sulfide in sufficient concentration to meet the requirements of this provision.(G) A certificate of compliance shall be required on each well subject to this provision even if well is located on certificated lease.(H) Full compliance with all the requirements of this provision must be satisfied before the well is drilled to a depth that is within 1,000 feet of the hydrogen sulfide zone. Alternate depths may be approved in advance by the appropriate commission district office.(I) API Publication RP-49 is referenced as a suggested guideline for drilling and workover of wells subject to this provision.(J) Blowout preventers and well control systems shall be pressure tested at or near compliance depth or at depth of nearest bit change prior to reaching compliance depth. The appropriate Railroad Commission district office must be notified at least four hours prior to the test.(13) Training requirement provision.(A) Each operator whose operations contain hydrogen sulfide in excess of 100 ppm shall train its employees working in the affected areas in hydrogen sulfide safety.(B) Each operator shall require all service companies working in affected areas to utilize only those service company personnel who have been trained in accordance with the provisions of subparagraphs (C) and (D) of this paragraph. Written certification to the operator by the service company that only those service company personnel who have been trained in accordance with the training requirement provision will be utilized in affected areas complies with this provision. For this provision, service company shall mean any company actually performing work at well sites, gasoline plant sites, or on pipelines, where such work could allow the escape of hydrogen sulfide gas.(C) The training of all personnel working in the affected areas shall include the following elements:(i) hazards and characteristics of hydrogen sulfide;(ii) safety precautions;(iii) operation of safety equipment and life support system.(D) On-site supervisory personnel shall be additionally trained in the following:(i) effect of hydrogen sulfide on metal components in the system;(ii) corrective action and shutdown procedures, and when drilling a well, blowout prevention, and well control procedures;(iii) must have full knowledge of the requirements of the contingency plan, when such plan is required.(E) Training schedules and course outlines shall be provided to the commission personnel upon request for the purpose of commission review to determine compliance with the provisions of subparagraphs (C) and (D) of this paragraph.(14) Accident notification. Operators shall immediately notify the appropriate Railroad Commission District Office of any accidental release of hydrogen sulfide gas of sufficient volume to present a hazard and of any hydrogen sulfide related accident.(d) Reports required.(1) Certificate of compliance provision. A certificate of compliance shall be submitted for operations subject to any provision of this section. The following shall apply to the certificate of compliance provision of the section.(A) The certificate of compliance shall certify that operator has complied or will comply with applicable provisions of this section.(B) The certificate of compliance shall be filed in triplicate in the commission district office where the operation is located.(C) The certificate of compliance shall certify that existing operations subject to this section to be in compliance will be in compliance as specified in an attached schedule, or, for new or modified facilities, will be in compliance upon completion.(D) An approved certificate of compliance will permit an operator to perform all activities described in the certificate without additional filing of approval; provided that, consistent with subsection (c)(12)(G) of this section, a certificate of compliance will be required on each well subject to the provisions of subsection (c)(12)(G) of this section.(E) A new or amended certificate of compliance shall be required if there is a change in public exposure caused by public infringement of an existing radius of exposure resulting in a change in the applicable provisions of this section, not described by the existing certificate. The operator shall file the new or amended certificate within 30 days after such infringement.(F) A new or amended certificate of compliance shall be required if there is modification of an existing operation or facility which increases the radius of exposure in a public area, or results in a change in the applicable provisions of this section not described by the existing certificate. The operator shall file the new or amended certificate at least 30 days prior to initiating the operation or construction.(G) The operator shall file a certificate of compliance 30 days prior to commencement of a drilling or workover operation on wells where a certificate of compliance is required for that well by provisions of this section (wells drilled on noncertificated leases or wells with a 100 ppm radius of exposure greater than 3,000 feet).(H) In case of extenuating circumstances, an operator may file a certificate of compliance with an attached written explanation for those cases where waiver of 30-day prior filing is requested. In such cases, the approval of the certificate of compliance will constitute authority to proceed.(I) The certificate of compliance shall be prepared and executed by a party who, through training and experience, is qualified to make such certification.(J) The certificate of compliance will be in effect until conditions are altered in a manner that would require amending the \"certificate.\" The operator shall notify the commission within 30 days following cessation or abandonment of operations in a certificated area.(K) The certificate of compliance required by the provisions of this order for an existing system are due in the district office as soon as is reasonably possible, and no later than September 1, 1976, and as applicable for new or modified operations.(L) A certificate of compliance may cover a single operation or multiple operations located in an area, a field, or a group of fields within a commission district. The description of the type of operation as indicated on the form must be sufficiently complete to the degree that it is obvious what element of an operation is to be covered by the certificate. All Railroad Commission identification numbers for each element of the system must be shown on the certificate and must be identified as to the type of operation.(M) Certificates are nontransferable, and a new operator of a system or any acquired element of a system or operation shall be required to certificate that operation. Operator of a certificated system shall notify the commission in writing when the system or any operating part has been transferred to another operator. An amended certificate shall be required should any change occur that would add or delete a Railroad Commission identification number covered by the certificate.(N) Each operator shall maintain a current master list of all his operations for which a certificate of compliance is in effect and shall submit such list for inspection upon request by the commission.(2) Completion report provision.(A) The operator shall report on the initial completion report for new oil or gas wells the hydrogen sulfide concentrations of the wellhead gas for all wells where the hydrogen sulfide concentration is equal to or exceeds 100 ppm.(B) The drilling of a well in an area which would require the submission of a certificate of compliance (Form H-9) shall have noted on the drilling application (Form W-1) that such certification has been filed.(3) Releases of, and accidents related to, hydrogen sulfide. The operator shall furnish a written report to the district office within ten days of any accidental release of hydrogen sulfide gas of sufficient volume to present a hazard and of any hydrogen sulfide related accident, whether it be from an accidental or intentional release.(e) Exception provision. Any application for exception to the provisions of this section should specify the provisions to which exception is requested, and set out in detail the basis on which the exception is to be requested.", "sourceNote": "Source Note: The provisions of this §3.36 adopted January\r\n1, 1976; amended to be effective September 1, 1976, 1 TexReg 1517;\r\namended to be effective September 15, 1985, 10 TexReg 2069; amended\r\nto be effective April 7, 1995, 20 TexReg 2285; amended to be effective\r\nNovember 24, 2004, 29 TexReg 10728; amended to be effective February\r\n18, 2025, 50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194456", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.37", "label": "Statewide Spacing Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194457", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Distance requirements.(1) No well for oil, gas, or geothermal resource shall hereafter be drilled nearer than 1,200 feet to any well completed in or drilling to the same horizon on the same tract or farm, and no well shall be drilled nearer than 467 feet to any property line, lease line, or subdivision line; provided the commission, in order to prevent waste or to prevent the confiscation of property, may grant exceptions to permit drilling within shorter distances than prescribed in this paragraph when the commission shall determine that such exceptions are necessary either to prevent waste or to prevent the confiscation of property.(2) When an exception to this section is desired, application shall be made by filing the proper fee as provided in §3.78 of this title (relating to Fees and Financial Security Requirements) and the appropriate form according to the instructions on the form, accompanied by a plat as described in subsection (c) of this section. A person acquainted with the facts pertinent to the application shall certify that all facts stated in it are true and within the knowledge of that person.(A) When an exception to only the minimum lease-line spacing requirement is desired, the applicant shall file a list of the mailing addresses of all affected persons, who, for tracts closer to the well than the greater of one-half of the prescribed minimum between-well spacing distance or the minimum lease-line spacing distance, include:(i) the designated operator;(ii) all lessees of record for tracts that have no designated operator; and(iii) all owners of record of unleased mineral interests.(B) When an exception to the minimum between-well spacing requirement of this section is desired, the applicant is required to file the mailing addresses of those persons identified in subparagraph (A)(i)-(iii) of this paragraph for each adjacent tract and each tract nearer to the well than the greater of one-half the prescribed minimum between-well spacing distance or the minimum lease-line spacing.(3) An exception may be granted pursuant to subsection (h)(2) of this section, or after a public hearing held after at least 10 days notice to all persons described in paragraph (2) of this subsection. At any such hearing, the burden shall be on the applicant to establish that an exception to this section is necessary either to prevent waste or to prevent the confiscation of property. For purposes of giving notice of an application for an exception, the commission will presume that every person described in paragraph (2) of this subsection will be affected by the application, unless the Oil and Gas Division director or the director's delegate determines they are unaffected. Such determination will be made only upon written request and a showing by the applicant that:(A) competent, conclusive geological or engineering data indicate that no drainage of hydrocarbons from the particular tract(s) subject to the request will occur due to production from the applicant's proposed well; and(B) notice to the particular operator(s), lessee(s) of record, or owner(s) of record of unleased mineral interest would be unduly burdensome or expensive.(4) If, after diligent efforts, the applicant is unable to ascertain the name and address of one or more persons required by this subparagraph to be notified, then the applicant shall notify such persons by publishing notice of the application in a form approved by the Commission. The applicant shall publish the notice once each week for two consecutive weeks in a newspaper of general circulation in the county where the well will be located. The first publication shall be published at least 14 days before the protest deadline in the notice of application. The applicant shall file with the Commission a publisher's affidavit or other evidence of publication.(b) The distances mentioned in subsection (a) of this section are minimum distances to provide standard development on a pattern of one well to each 40 acres in areas where proration units have not been established.(c) In filing an application for an exception to the distance requirements of this section, in addition to the plat requirements in §3.5 of this title (relating to Application to Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5), the applicant shall attach to each copy of the form a plat that:(1) shows to scale the property on which the exception is sought; all other applied for, permitted, and completed oil, gas, or oil and gas wells in the same field and reservoir on said property; and all adjoining surrounding properties and completed wells in the same field and reservoir within the prescribed minimum between-well spacing distance of the applicant's well;(2) shows the entire lease, pooled unit, or unitized tract indicating the names and offsetting properties of all affected offset operators;(3) corresponds to the listing required under subsection (a)(2) of this section;(4) is certified by a person acquainted with the facts pertinent to the application that the plat is accurately drawn to scale and correctly reflects all pertinent and required data.(d) In the interest of protecting life and for the purpose of preventing waste and preventing the confiscation of property, the commission reserves the right in particular oil, gas, and geothermal resource fields to enter special orders increasing or decreasing the minimum distances provided by this section.(e) No well drilled in violation of this section without special permit obtained, issued, or granted in the manner prescribed in said section, and no well drilled under such special permit or on the commission's own order which does not conform in all respects to the terms of such permit shall be permitted to produce either oil, gas, or geothermal resources and any such well so drilled in violation of said section or on the commission's own order shall be plugged.(f) No operator shall commence the drilling of a well, either on a regular location or on a Rule 37 exception location, until first having been notified by the commission that the regular location has been approved, or that the Rule 37 exception location has been approved. Failure of an operator to comply with this subsection will cause such well to be closed in and the holding up of the allowable of such well.(g) Subdivision of property.(1) In applying Rule 37 (Statewide Spacing Rule) of statewide application and in applying every special rule with relation to spacing in every field in this state, no subdivision of property made subsequent to the adoption of the original spacing rule will be considered in determining whether or not any property is being confiscated within the terms of such spacing rule, and no subdivision of property will be regarded in applying such spacing rule or in determining the matter of confiscation if such subdivision took place subsequent to the promulgation and adoption of the original spacing rule.(2) Any subdivision of property creating a tract of such size and shape that it is necessary to obtain an exception to the spacing rule before a well can be drilled thereon is a voluntary subdivision and not entitled to a permit to prevent confiscation of property if it were either:(A) segregated from a larger tract in contemplation of oil, gas, or geothermal resource development; or(B) segregated by fee title conveyance from a larger tract after the spacing rule became effective and the voluntary subdivision rule attached.(3) The date of attachment of the voluntary subdivision rule is the date of discovery of oil, gas, or geothermal resource production in a certain continuous reservoir, regardless of the subsequent lateral extensions of such reservoir, provided that such rule does not attach in the case of a segregation of a small tract by fee title conveyance which is not located in an oil, gas, or geothermal resource field having a discovery date prior to the date of such segregation.(4) The date of attachment of the voluntary subdivision rule for multiple reservoir fields located in the same structural feature and separated vertically but not laterally (i.e., the multiple reservoirs overlap geographically at least in part), shall be the same date as that assigned to the earliest discovery well for such multiple reservoir structure.(5) If a newly discovered reservoir is located outside the then productive limits of any previously discovered reservoirs and is classified by the commission as a newly discovered field, then the date of discovery of such newly found reservoir remains the date of attachment for the voluntary subdivision rule, even though subsequent development may result in the extension of such newly discovered reservoir until it overlies or underlies older reservoirs with prior discovery dates.(6) The date of attachment of the voluntary subdivision rule for a reservoir that has been developed through expansion of separately recognized fields into a recognized single reservoir and is merged by commission order is the earliest discovery date of production from such merged reservoir, and that date will be used subsequent to the date of merger of the fields into a single field.(7) The date of attachment of the voluntary subdivision rule for a reservoir under any special circumstance which the commission deems sufficient to provide for an exception may be established other than as prescribed in this section, so that innocent parties may have their rights protected.(h) Exceptions to Rule 37.(1) An order granting exception to Rule 37 wherein protest is had shall carry as its last paragraph the following language: It is further ordered by the commission that this order shall not be final until 20 days after it is actually mailed to the parties by the commission; provided that if a motion for rehearing of the application is filed by any party at interest within such 20-day period, this order shall not become final until such motion is overruled, or if such motion is granted, this order shall be subject to further action by the commission. Permits issued pursuant to paragraph (2) of this subsection shall be issued without the 20-day waiting period.(2) The director of the Oil and Gas Division or a delegate of the director may issue an exception permit for drilling, deepening, or additional completion, recompletion, or reentry in an existing well bore if:(A) a notice of at least 10 days has been given, and no protest has been made to the application; or(B) written waivers of objection are received from all persons to whom notice would be given pursuant to subsection (a)(2) of this section.(3) Applications filed for drilling, deepening, or additional completion, recompletion, or reentry will be processed and permit issued in accordance with this regulation, subject to the commission's discretion to set any application for hearing. If the director or a delegate of the director declines to grant an application, the operator may request a hearing.(i) Rule 37 permits.(1) Unless otherwise specified in a permit or in a final order granting an exception to this section, permits issued by the commission for completions requiring an exception to this section shall expire two years from the effective date of the permit unless drilling operations are commenced in good faith within the two-year permit period. The permit period will not be extended.(2) So long as a Rule 37 exception is in litigation, the two-year permit period will not commence. On final adjudication and decree from the last court of appeal the two-year permit period will commence, beginning on the date of final decree.(j) Once an application for a spacing exception has been denied, no new application shall be entertained except on changed conditions. Changed conditions in the commission's administration of its Spacing Rule 37 and amendments thereto applicable to the various special fields and reservoirs of Texas and in passing upon applications for permits under said rule and amendments shall include, among other things, the following.(1) Any material changes in the physical conditions of the producing reservoir under the tract under consideration or under the area surrounding said tract which would materially affect the recovery of oil, gas, or geothermal resource from the given tract.(2) Any material changes in the distribution or allocation of allowable production in the area surrounding the tract under consideration which would materially affect or tend to affect the recovery of oil, gas, or geothermal resource from the given tract.(3) Any additional permits granted by the commission for wells drilled in the area surrounding or on offset tracts to the tract under consideration which would materially affect or tend to affect the recovery of oil, gas, or geothermal resource from the given tract.(4) Any additional facts or evidence thereof materially affecting or tending to affect the recovery of oil, gas, or geothermal resource from the applicant's tract, or the property rights of applicant, which were not known of and considered by the commission at any previous hearing or application thereon.(k) Exceptions to Statewide Rule 37 apply to the total depth for which the permit is granted or if special field rules are applicable, an exception to the spacing rule shall be granted only for the reservoir or reservoirs or applicable depth to which the well is projected. Subsequent recompletion of the well to reservoirs other than that covered by the permit issued would be granted only after the filing and processing of a new application.(l) Salt dome oil or gas fields.(1) The provisions of this section shall not apply to certain approved salt dome oil or gas fields. An application for classification as a salt dome oil or gas field shall include the following:(A) geological evidence proving that an oil or gas field is a piercement-type salt dome, that faulting has caused the producing formation to be at a 45 angle or greater, and that each well is likely to be completed in a separate reservoir;(B) establishment, by plat or otherwise, of the probable productive limits of the salt dome area;(C) certification that notice of the application for salt dome classification with evidence included has been given to all operators in the field or, if a new field, in accordance with subsection (a)(2) of this section; and(D) a list of persons notified and the date notice was mailed.(2) The director of the Oil and Gas Division, or the director's delegate, may administratively grant an application for salt dome classification if the evidence proves that the oil or gas field is a salt dome.(3) The operator may request a hearing if the director of the Oil and Gas Division, or the director's delegate, declines to approve an application. If an application is protested within 10 days of notice, it will be set for hearing. After hearing, the examiner shall recommend final commission action.(4) The amendment providing for administrative approval of salt dome oil and gas fields does not alter the status of those fields previously approved and listed in this section.(m) Wells that were deviated, whether intentionally or otherwise, prior to April 1, 1949, and are bottomed on the lease where permitted, are legal wells. The Rule 37 department will develop the record in each reapplication for such deviated wells so that the commission can determine the condition of each such well. The following will be adduced from sworn testimony and authenticated data at each such hearing.(1) That such well was deviated before April 1, 1949. Proof of completion of the well prior to that date and its subsequent producing status is not adequate proof of deviation.(2) That such well was completed on the lease where the surface location was permitted. Such bottom hole location must be proven by the submission of an acceptable authenticated directional survey.(3) That such bottom hole location is one that either is not in direct violation of a condition or limitation placed in the permit to drill, or is not in violation of a specific commission order. Example: Denial order for a Rule 37 application for a comparable location.(4) That the present operator of such well or its predecessor has not filed either a false inclination or a false directional survey with the commission.(5) A well that is either bottomed off the lease, deviated after April 1, 1949, drilled in direct violation of a specific condition or limitation placed in the Rule 37 permit, or is in violation of a specific commission order, is an illegal well and it shall not be permitted, and such well where permit is refused shall not be considered a replaceable well under commission replacement-well regulation.(6) The provisions of this section do not preclude an operator from applying for approval of the bottom hole location of a deviated well as a reasonable location under the rules and regulations now applicable, provided, that such bottom hole location shall not be approved unless the applicant proves that a vertical projection of the permitted surface location for such well is within the productive limits of the reservoir.", "sourceNote": "Source Note: The provisions of this §3.37 adopted to be effective January 1, 1976; amended to be effective November 4, 1981, 6 TexReg 3911; amended to be effective May 7, 1982, 7 TexReg 1624; amended to be effective June 1, 1989, 14 TexReg 1586; amended to be effective May 23, 1990, 15 TexReg 2634; amended to be effective September 15, 1997, 22 TexReg 8973; amended to be effective July 10, 2000, 25 TexReg 6487; amended to be effective June 11, 2001, 26 TexReg 4088; amended to be effective September 1, 2004, 29 TexReg 8271; amended to be effective March 18, 2019, 44 TexReg 1437." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194457", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.38", "label": "Well Densities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223573", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission designee--Director of the Oil and Gas Division or any Commission employee designated in writing by the director or the Commission. (2) Drilling unit--The acreage assigned to a well for drilling purposes. (3) Proration unit--The acreage assigned to a well for the purpose of assigning allowables and allocating allowable production to the well. (4) Substandard acreage--Less acreage than the smallest amount established for standard or optional drilling units. (5) Surplus acreage--Substandard acreage within a lease, pooled unit, or unitized tract that remains unassigned after the assignment of acreage to each applied for, permitted, or completed well in a field, in an amount equaling or exceeding the amount established for standard or optional drilling units. Surplus acreage is distinguished from the term \"tolerance acreage,\" in that tolerance acreage is defined in context with proration regulation, while surplus acreage is defined by this rule only in context with well density regulation. (6) Tolerance acreage--Acreage within a lease, pooled unit, or unitized tract that may be assigned to a well for proration purposes pursuant to special field rules in addition to the amount established for a prescribed or optional proration unit. (b) Density requirements. (1) General prohibition. No well shall be drilled on substandard acreage except as hereinafter provided. (2) Standard units. (A) The standard drilling unit for all oil, gas, and geothermal resource fields wherein only spacing rules, either special, country regular, or statewide, are applicable is hereby prescribed to be the following. Attached Graphic(B) The spacing rules listed in subparagraph (A) of this paragraph are not exclusive. If any spacing rule not listed in subparagraph (A) of this subsection is brought to the attention of the commission, it will be given an appropriate acreage assignment. (c) Development to final density. An application to drill a well for oil, gas, or geothermal resource on a drilling unit composed of surplus acreage, commonly referred to as the \"tolerance well,\" may be granted as regular when the operator seeking such permit certifies to the commission in a prescribed form the necessary data to show that such permit is needed to develop a lease, pooled unit, or unitized tract to final density, and only in the following circumstances: (1) when the amount of surplus acreage equals or exceeds the maximum amount provided for tolerance acreage by special or county regular rules for the field, provided that this paragraph does not apply for a lease, pooled unit, or unitized tract that is completely developed with optional units and the special or county regular rules for the field do not have a tolerance provisions expressly made applicable to optional proration units; (2) if the special or county regular rules for the field do not have a tolerance provision expressly made applicable to optional proration units, when the amount of surplus acreage equals or exceeds one-half of the smallest amount established for an optional drilling unit; or (3) if the applicable rules for the field do not have a tolerance provision for the standard drilling or proration unit, when the amount of surplus acreage equals or exceeds one-half the amount prescribed for the standard unit. (d) Applications involving the voluntary subdivision rule. (1) Density exception not required. An exception to the minimum density provision is not required for the first well in a field on a lease, pooled unit, or unitized tract composed of substandard acreage, when the leases, or the drillsite tract of a pooled unit or unitized tract: (A) took its present size and shape prior to the date of attachment of the voluntary subdivision rule (§3.37(g) of this title (relating to Statewide Spacing Rule)); or (B) took its present size and shape after the date of attachment of the voluntary subdivision rule (§3.37(g) of this title (relating to Statewide Spacing Rule)) and was not composed of substandard acreage in the field according to the density rules in effect at the time it took its present size and shape. (2) Density exception required. An exception to the density provision is required, and may be granted only to prevent waste, for a well on a lease, pooled unit, or unitized tract that is composed of substandard acreage and that: (A) took its present size and shape after the date of attachment of the voluntary subdivision rule (§3.37(g) of this title (relating to the Statewide Spacing Rule)); and (B) was composed of substandard acreage in the field according to the density rules in effect at the time it took its present size and shape. (3) Unit dissolution. (A) If two or more separate tracts are joined to form a unit for oil or gas development, the unit is accepted by the Commission, and the unit has produced hydrocarbons in the preceding twenty (20) years, the unit may not thereafter be dissolved into the separate tracts with the rules of the commission applicable to each separate tract if the dissolution results in any tract composed of substandard acreage for the field from which the unit produced, unless the Commission approves such dissolution. (B) The Commission shall grant approval only after application, notice, and an opportunity for hearing. The applicant seeking the unit dissolution shall provide a list of the names and addresses of all current lessees and unleased mineral interest owners of each tract within the joined or unitized tract at the time the application is filed. The Commission shall give notice of the application to all current lessees and unleased mineral interest owners of each tract within the joined or unitized tract. Additionally, if one or more wells on the unitized tract has produced from the field within the 12-month period prior to the application, the applicant shall include on the list all affected persons described in subsection (h)(1)(A) of this section, and the Commission shall give notice of the application to these affected persons. (C) A Commission designee may grant administrative approval if the Commission designee determines that granting the application will not result in the circumvention of the density restrictions of this section or other Commission rules, and if either: (i) written waivers are filed by all affected persons; or (ii) no protest is filed within the time set forth in the notice of application. (e) Application involving unitized areas with entity for density orders. An exception to the minimum density provision is not required for a well in a unitized area for which the commission has granted an entity for density order, if the sum of all applied for, permitted, or completed producing wells in the field within the unitized area, multiplied by the applicable density provision, does not exceed the total number of acres in the unitized area. The operator must indicate the docket number of the entity for density order on the application form. (f) Exceptions to density provisions authorized. The Commission, or Commission designee, in order to prevent waste or, except as provided in subsection (d)(2) of this section, to prevent the confiscation of property, may grant exceptions to the density provisions set forth in this section. Such an exception may be granted only after notice and an opportunity for hearing.(g) Filing requirements. (1) Application. An application for permit to drill shall include the fees required in §3.78 of this title (relating to Fees and Financial Security Requirements) and shall be certified by a person acquainted with the facts, stating that all information in the application is true and complete to the best of that person's knowledge. (2) Plat. When filing an application for an exception to the density requirements of this section, in addition to the plat requirements in §3.5 of this title (relating to Application to Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5), the applicant shall attach to each copy of the application a plat that: (A) depicts the lease, pooled unit, or unitized tract, showing thereon the acreage assigned to the drilling unit for the proposed well and the acreage assigned to all current applied for, permitted, or completed oil, gas, or oil and gas wells in the same field or reservoir which are located within the lease, pooled unit, or unitized tract; (B) on large leases, pooled units, or unitized tracts, if the established density is not exceeded as shown on the face of the application, outlines the acreage assigned to the well for which the permit is sought and the immediately adjacent wells on the lease, pooled unit, or unitized tract; (C) on leases, pooled units, or unitized tracts from which production is secured from more than one field, outlines the acreage assigned to the wells in each field that is the subject of the current application; (D) corresponds to the listing required under subsection (g)(1)(A) of this section. (E) is certified by a person acquainted with the facts pertinent to the application that the plat is accurately drawn to scale and correctly reflects all pertinent and required data. (3) Substandard acreage. An application for a permit to drill on a lease, pooled unit, or unitized tract composed of substandard acreage must include a certification in a prescribed form indicating the date the lease, or the drillsite tract of a pooled unit or unitized tract, took its present size and shape. (4) Surplus acreage. An application for permit to drill on surplus acreage pursuant to subsection (c) of this section must include a certification in a prescribed form indicating the date the lease, pooled unit, or unitized tract took its present size and shape. (5) Certifications. Certifications required under paragraphs (3) and (4) of this subsection shall be filed on Form W-1A, Substandard Acreage Certification. (A) The operator shall file the Form W-1A with the drilling permit application and shall indicate the purpose of filing. The operator shall accurately complete all information required on the form in accordance with instructions on the form. (B) The operator shall list the field or fields for which the substandard acreage certification applies in the designated area on the form. If there are more than three fields for which the certification applies, the operator shall attach additional Forms W-1A and shall number the additional pages in sequence. (C) The operator shall file the original Form W-1A with the Commission's Austin office and a copy with the appropriate district office, unless the operator files electronically. (D) The operator or the operator's agent shall certify the information provided on the Form W-1A is true, complete, and correct by signing and dating the form, and listing the requested identification and contact information. (E) Failure to timely file the required information on the appropriate form may result in the dismissal of the application. (h) Procedure for obtaining exceptions to the density provisions. (1) Filing requirements. If a permit to drill requires an exception to the applicable density provision, the operator must file, in addition to the items required by subsection (g) of this section: (A) a list of the names and addresses of all affected persons. For the purpose of giving notice of application, the Commission presumes that affected persons include the operators and unleased mineral interest owners of all adjacent offset tracts, and the operators and unleased mineral interest owners of all tracts nearer to the proposed well than the prescribed minimum lease-line spacing distance. The Commission designee may determine that such a person is not affected only upon written request and a showing by the applicant that: (i) competent, convincing geological or engineering data indicate that drainage of hydrocarbons from the particular tracts subject to the request will not occur due to production from the proposed well; and (ii) notice to the particular operators and unleased mineral interest owners would be unduly burdensome or expensive; (B) engineering and/or geological data, including a written explanation of each exhibit, showing that the drilling of a well on substandard acreage is necessary to prevent waste or to prevent the confiscation of property; (C) additional data requested by the Commission designee. (2) Notice of application. Upon receipt of a complete application, the Commission will give notice of the application by mail to all affected persons for whom signed waivers have not been submitted. If, after diligent efforts, the applicant is unable to ascertain the name and address of one or more persons required by this subsection to be notified, then the applicant shall notify such persons by publishing notice of the application in a form approved by the Commission. The applicant shall publish the notice once each week for two consecutive weeks in a newspaper of general circulation in the county where the well will be located. The first publication shall be published at least 14 days before the protest deadline in the notice of application. The applicant shall file with the Commission a publisher's affidavit or other evidence of publication. (3) Approval without hearing. If the Commission designee determines, based on the data submitted, that a permit requiring an exception to the applicable density provision is justified according to subsection (f) of this section, then the Commission designee may issue the exception permit administratively if: (A) signed waivers from all affected persons were submitted with the application; or (B) notice of application was given in accordance with this subsection and no protest was filed within 21 days of the notice; or (C) no person appeared to protest the application at a hearing scheduled pursuant to paragraph (4)(A) of this subsection. (4) Hearing on the application. (A) If a written protest is filed within 21 days after the notice of application is given in accordance with paragraph (2) of this subsection, the application will be set for hearing. (B) If the application is not protested and the Commission designee determines that a permit requiring an exception to the applicable density provision is not justified according to subsection (f) of this section, the operator may request a hearing to consider the application. (i) Duration. A permit is issued as an exception to the applicable density provision shall expire two years from the effective date of the permit; unless drilling operations are commenced in good faith within the two year period. (j) The requirements for density exceptions for wells in a designated unconventional fracture treated (UFT) field are set forth in §3.86(k) of this title (relating to Horizontal Drainhole Wells).", "sourceNote": "Source Note: The provisions of this §3.38 adopted to be effective November 1, 1989, 14 TexReg 5255; amended to be effective April 21, 1997, 22 TexReg 3404; amended to be effective July 10, 2000, 25 TexReg 6487; amended to be effective June 11, 2001, 26 TexReg 4088; amended to be effective February 13, 2002, 27 TexReg 906; amended to be effective September 1, 2004, 29 TexReg 8271; amended to be effective February 1, 2016, 41 TexReg 785; amended to be effective March 18, 2019, 44 TexReg 1437." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223573", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.39", "label": "Proration and Drilling Units: Contiguity of Acreage and Exception Thereto" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198457", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Proration and drilling units established for individual wells drilled or to be drilled shall consist of acreage which is contiguous.(b) An exception to the contiguous acreage provision may be granted at the operator's request if acreage that is to be included in the proration or drilling unit is separated by a long, narrow right-of-way tract.", "sourceNote": "Source Note: The provisions of this §3.39 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198457", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.40", "label": "Assignment of Acreage to Pooled Development and Proration Units" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113695", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An operator may pool acreage, in accordance with appropriate contractual authority and applicable field rules, for the purpose of creating a drilling unit or proration unit by filing an original certified plat delineating the pooled unit and a Certificate of Pooling Authority, Form P-12, according to the following requirements:(1) Each tract in the certified plat shall be identified with an outline and a tract identifier that corresponds to the tract identifier listed on Form P-12.(2) The operator shall provide information on Form P-12, accurately and according to the instructions on the form.(A) The operator shall separately list each tract committed to the pooled unit by authority granted to the operator.(B) For each tract listed on Form P-12, the operator shall state the number of acres contained within the tract. The operator shall indicate by checking the appropriate box on Form P-12 if, within an individual tract, there exists a non-pooled and/or unleased interest.(C) The operator shall state on Form P-12 the total number of acres in the pooled unit. The total number of acres in the pooled unit shall equal the sum of all acres in each tract listed. The total acreage shown on Form P-12 shall only include tracts in which the operator holds a leased or ownership interest in the minerals or other contractual authority to include the tract in the pooled unit.(D) If a pooled unit contains more tracts than can be listed on a single Form P-12, the operator shall file as many additional Forms P-12 as necessary to list each pooled tract individually. The additional Forms P-12 shall be numbered in sequence.(E) The operator shall provide the requested identification and contact information on Form P-12.(F) The operator shall certify the information on Form P-12 by signing and dating the form.(3) Failure to timely file the required information on the certified plat or Form P-12 may result in the dismissal of the W-1 application. \"Timely\" means within three months of the Commission notifying the operator of the need for additional information on the certified plat and/or Form P-12.(4) The operator shall file Form P-12 and a certified plat in the following instances:(A) with the drilling permit application when two or more tracts are joined to form a pooled unit for Commission purposes;(B) with the initial completion report if any information reported on Form P-12 has changed since the filing of the drilling permit application;(C) to designate a pooled unit formed after a completion report has been filed; or(D) to designate a change in a pooled unit previously recognized by the Commission. The operator shall file any changes to a pooled unit in accordance with the requirements of §3.38(d)(3) of this title (relating to Well Densities).(b) If a tract to be pooled has an outstanding interest for which pooling authority does not exist, the tract may be assigned to a unit where authority exists in the remaining undivided interest provided that total gross acreage in the tract is included for allocation purposes, and the certificate filed with the Commission shows that a certain undivided interest is outstanding in the tract. The Commission may not allow an operator to assign only the operator's undivided interest out of a basic tract where a nonpooled interest exists.(c) The nonpooled undivided interest holder retains the development rights in the basic tract. If the development rights are exercised, the Commission grants authority to develop the basic tract, and the well is completed as a producing well on the basic tract, then the entire interest in the basic tract and any interest pooled with another tract shall be assigned to the well on the basic tract for allocation purposes. Splitting of an undivided interest in a basic tract between two or more wells on two or more tracts is not acceptable.(d) Multiple assignment of acreage is not permitted, except as provided in subsection (e) of this section. Multiple assignment of acreage is defined as the assignment of the same surface acreage to more than one well in a field. However, this limitation shall not prevent the reformation of development or proration units so long as:(1) no multiple assignment of acreage occurs; and(2) such reformation does not violate other conservation regulations.(e) In unconventional fracture treated (UFT) fields defined in §3.86 of this title (relating to Horizontal Drainhole Wells), multiple assignment of acreage is permissible as follows:(1) Assignment of acreage to both a horizontal well and a vertical well for drilling and development or for allocation of allowable is permissible. The field density rules apply independently to horizontal wells and vertical wells. Acreage assigned to horizontal wells shall not count against acreage assigned to vertical wells, and acreage assigned to vertical wells shall not count against acreage assigned to horizontal wells.(A) Acreage assigned to horizontal wells for drilling and development or for allocation of allowable shall be permissible so long as the horizontal well density complies with §3.38 of this title and/or special field rules, as applicable. For the purposes of this section, stacked lateral wells as defined in §3.86(a)(10) of this title are not considered assignment of acreage to multiple horizontal wells.(B) Acreage assigned to vertical wells for drilling and development or for allocation of allowable shall be permissible so long as the vertical well density complies with §3.38 of this title and/or special field rules, as applicable.(2) Where ownership of the right to drill or produce from a tract in a UFT field is divided horizontally, acreage may be assigned to more than one well provided that the wells having the same wellbore profile are not completed in the same ownership interval. For purposes of this section \"divided horizontally\" means that ownership of the right to drill or produce has been separated into depth intervals defined by total vertical depth, depth relative to a specific geological contact, or some other discriminator. A tract may be \"divided horizontally\" even where one operator has the right to drill or produce multiple intervals on the same tract of land in the same field.(A) To apply for multiple assignment of acreage under this subsection, the operator's drilling permit application shall indicate the upper and lower limits of the operator's ownership interval. The interval shown on the drilling permit application is measured as the total vertical depth from the surface.(B) No more than 15 days prior to filing its drilling permit application, the applicant shall identify any well, including any wells permitted but not yet drilled or completed, that is located within one-half mile of the applicant's proposed wellbore between the first and last take points and, upon identification of all applicable wells, send written notice of its application to the P-5 address of record of the Commission-designated operator of the wells determined to fall within the one-half mile radius. The applicant shall attach to the notice a certified plat that clearly depicts the projected path of the wellbore and the one-half mile radius surrounding the wellbore from the first take point to the last take point. Copies of the notice, service list, and certified plat shall be filed with the drilling permit application.(C) If any person entitled to notice under this subsection did not receive notice, that person may request a hearing. If the Commission determines at a hearing that the applicant did not provide the notice as required by this subsection, the Commission may cancel the permit.(D) To mitigate the potential for wellbore collisions, the applicant shall provide copies of any directional surveys to the persons entitled to notice under this subsection, upon request, within 15 days of the applicant's receipt of a request.(E) Where ownership of the right to drill or produce from a tract in a UFT field is divided horizontally, the field density rules for the field will apply separately to each ownership interval, such that proration units on a tract above and below a division of ownership are accounted for separately.(F) Field rules that allow assignment of acreage to more than one well in UFT fields are superseded by this rule amendment, as of the effective date of this amendment, March 3, 2020. If, prior to the effective date of this amendment, an operator has assigned acreage to more than one well pursuant to previous field rules, such multiple assignment remains valid. After March 3, 2020, multiple assignment of acreage is not permissible unless the applicant complies with the requirements of this subsection. The Commission will not consider any applications for field rules regarding multiple assignment of acreage in UFT fields until two years after March 3, 2020.(3) Upon request by the Commission, an operator shall provide non-confidential information verifying that the well was completed in the interval indicated on its drilling permit application.(f) Upon an operator's written request and for good cause shown, the director or the director's delegate may resolve an existing instance of multiple assignment of acreage. If such a request is administratively denied, the operator shall have a right to request a hearing to review the denial.(g) If an operator does not qualify for multiple assignment of acreage under subsection (e) of this section, acreage cannot be assigned to more than one well unless the operator is granted an exception after a public hearing held after notice to all persons described in paragraph (2) of this subsection.(1) An operator applying for an exception must show:(A) an exception is necessary to prevent waste, prevent confiscation, or protect correlative rights; and(B) the wells are not completed in the same ownership interval.(2) If an exception is sought for a well in a UFT field, the operator shall file with its application for an exception the names and mailing addresses of persons described in §3.86(k)(2), relating to Horizontal Drainhole Wells. If an exception is sought for any other well, the operator shall file with its application for an exception the names and mailing addresses of all the operators and unleased mineral interest owners of all adjacent offset tracts, and the operators and unleased mineral interest owners of all tracts nearer to the proposed well than the prescribed minimum lease-line spacing distance. In the event the applicant is unable after due diligence to locate the whereabouts of any person to whom notice is required by this subsection, the applicant shall publish notice of this application pursuant to §1.43 of this title (relating to Notice by Publication).(3) To mitigate the potential for wellbore collisions, the applicant shall provide copies of any directional surveys to the persons entitled to notice under this subsection, upon request, within 15 days of the applicant's receipt of a request.(h) If an offset, overlying, or underlying operator, or a lessee or unleased mineral interest owner determines that any operator has assigned identical acreage to two or more concurrently producing wells in violation of this section, the operator or owner may file a complaint with the Hearings Division to request that a hearing be set to consider the issues raised in the complaint. If the Commission determines after a hearing on the complaint that acreage has been assigned in violation of this section, the Commission may curtail or cancel the allowable production rate for any affected wells and/or may cancel the Certificate of Compliance (Form P-4) for any affected wells for failure to comply with this section.(i) An operator shall file Form P-16, Acreage Designation, with each drilling permit application and with each completion report for horizontal wells in any field and for all wells in designated UFT fields as defined in §3.86 of this title. An operator assigning surface acreage to more than one well pursuant to subsection (g) of this section shall file Form P-16, Acreage Designation, with each drilling permit application and with each completion report. The operator may file Form P-16 with each drilling permit application and with each completion report for all other wells. The operator may also file proration unit plats for individual wells in a field.", "sourceNote": "Source Note: The provisions of this §3.40 adopted to be effective January 1, 1976; amended to be effective January 9, 2002, 27 TexReg 150; amended to be effective February 1, 2016, 41 TexReg 785; amended to be effective March 3, 2020, 45 TexReg 1387." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113695", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.41", "label": "Application for New Oil or Gas Field Designation and/or Allowable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107400", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall assign a new field designation and/or discovery allowable after an operator furnishes to the commission's Austin office proper evidence, other than horizontal distance, proving that a well is a new discovery. An operator shall include the following in the application:(1) a legible area map, drawn to scale, preferably on white paper, which shows the following:(A) all oil, gas, and abandoned wells within at least a 2 1/2-mile radius of the well claimed to be a discovery well;(B) the producing intervals of all pertinent oil and gas wells identified in subparagraph (A) of this paragraph;(C) all commission-recognized fields within a 2 1/2-mile radius of the well claimed to be a discovery well, that are presently active or were active in the past, identified by commission-assigned field names, names of the producing formations, and approximate average depth of the producing interval;(D) the total depth of all wells identified in subparagraph (A) of this paragraph that penetrated the subject zone;(E) scale, legend, and name of person who prepared the map;(2) a complete legible electric log of the well. However, an operator is not required to file a complete electric log if the operator has filed all other required data, a portion of the log showing the top and bottom of the proposed reservoir interval, log headings, and applicable scales, and satisfactorily proves discovery as a new reservoir. Any electric log filed shall be considered public information pursuant to §3.16 of this title (relating to Log and Completion or Plugging Report) (Statewide Rule 16).(3) a bottom-hole pressure for oil wells, submitted on the appropriate form. This bottom-hole pressure may be determined by a pressure build-up test, drill stem test, or wire- line formation tester. Calculations based on fluid level surveys or calculations made on flowing wells using shut-in wellhead pressures may be used if no test data is available.(4) a subsurface structure map and/or cross section(s), if separation is based on structural differences, including faulting and pinch-outs. The structure map shall show the contour of the top of the producing formation and the line(s) of cross section. The cross section(s) shall be prepared from comparable electric logs (not tracings) with the wells, producing formation, and hydrocarbon reservoir identified. The engineer or geologist who prepared the map and cross section shall sign them.(5) reservoir pressure measurements or calculations, if separation is based on pressure differentials.(6) core data, drillstem test data, cross sections of nearby wells, and/or production data estimating the fluid level, if separation is based on differences in fluid levels. The operator shall obtain the fluid level data within 10 days of the potential test date.(b) The staff may require additional data deemed necessary to make a determination. Deviation from the requirements of subsection (a) of this section may be allowed at the staff's discretion.(c) The director, oil and gas, may administratively grant an application if all required data is submitted with the form prescribed, and the evidence proves that the new reservoir is effectively separated from any other reservoir previously shown to be productive.(d) If the director of the Oil and Gas Division, or the director's delegate, declines administratively to grant an application, the operator may request a hearing. If the commission receives the hearing request within 10 days of the date of the notice of administrative denial of the application, the commission shall schedule a hearing. After hearing, the examiner shall recommend final commission action.", "sourceNote": "Source Note: The provisions of this §3.41 adopted to effective January 1, 1976; amended to be effective July 24, 1980, 5 TexReg 2859; amended to be effective February 28, 1986, 11 TexReg 545; amended to be effective January 4, 1999, 24 TexReg 131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107400", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.42", "label": "Oil Discovery Allowable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223574", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall determine the discovery allowable rate for oil wells proven to be completed in a new and separate reservoir from the following discovery allowable schedule. Attached Graphic(b) Duration and exemption from market demand limitation.(1) Onshore. Each oil well completed in an oil reservoir determined by the commission to be a new onshore oil field onshore may receive, as a maximum daily, its discovery allowable, exempt from market demand limitation, for a period of 24 months (36 months for depth intervals deeper than 10,000 feet) from the date of assignment of the oil allowable to such discovery well or until the 11th oil well has been completed therein, whichever occurs first. (2) Offshore. Each oil well completed in an oil reservoir determined by the commission to be a new offshore oil field may receive, as a maximum daily allowable, its discovery oil allowable, exempt from market demand limitation, for a period of 24 months (36 months for depth intervals deeper than 10,000 feet) from the date of assignment of the oil allowable to such discovery well or until the sixth oil well has been completed therein, whichever occurs first.(c) The director or the director's delegate shall review the production performance of discovery wells to evaluate whether waste is occurring due to the discovery allowable. If the director or the director's delegate believes waste is or may be occurring, the director or the director's delegate may request any additional relevant information from the operator and may set the matter for hearing to allow the commission to determine if the discovery allowable should be lowered to prevent waste.", "sourceNote": "Source Note: The provisions of this §3.42 adopted to be effective January 1, 1976; amended to be effective August 6, 1980, 5 TexReg 2930; amended to be effective November 28, 1989, 14 TexReg 6006; amended to be effective January 4, 1999, 24 TexReg 131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223574", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.43", "label": "Application for Temporary Field Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176237", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission will accept applications for temporary field rule hearings for oil, gas, or geothermal resource fields after the first well has been completed.(b) When requesting such hearings, the applicant must furnish the commission a list of the names and addresses of all operators holding leases on land touching the tract on which the discovery well is located. The applicant must list the names and addresses of the owners of the abutting unleased land.(c) Temporary field rules will apply until permanent field rules are adopted.", "sourceNote": "Source Note: The provisions of this §3.43 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176237", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.45", "label": "Oil Allowables" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169758&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169758", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Oil allowable yardsticks. (1) 1947 allowable yardstick. The following schedule allowable shall be assigned all wells according to depth of the reservoir and proration unit size authorized by the commission upon expiration of the discovery allowable, if discovery of the field occurred prior to January 1, 1965, provided that paragraph (3) of this subsection does not apply.Attached Graphic(2) 1965 allowable yardstick. The following schedule allowable shall be assigned all wells according to depth of the reservoir and proration unit size authorized by the commission upon expiration of the discovery allowable, if discovery of the field occurred on or after January 1, 1965.Attached Graphic(3) Exception. Wells in fields discovered prior to January 1, 1965, whose discovery allowables either have expired or will expire subsequent to July 1, 1964, upon expiration of the discovery allowable, may be assigned allowable pursuant to the 1965 yardstick, if such allowables exceed those which would be assigned pursuant to the 1947 yardstick, or if the proration unit size authorized by the commission is not provided for in the 1947 yardstick. It is provided that any adjustment made in allowable assignment pursuant to this paragraph shall not be made prior to the effective date of this order. Retroactive adjustment shall not be allowed.(4) Texas offshore allowable yardstick.Attached Graphic(5) The maximum daily allowable for a horizontal drainhole oil well or an oil well in a designated unconventional fracture treated (UFT) field is set forth in §3.86(d)(4) and (5) of this title (relating to Horizontal Drainhole Wells). (b) Assignment of allowables for wells under statewide rules. (1) All wells completed in fields operating under statewide rules which were assigned the 20-acre yardstick allowable prior to the adoption of the new spacing rule on October 1, 1962, will be continued at the same allowable rate unless, after notice and hearing, special rules or other special orders are adopted that would provide for a higher producing rate. Any new well completed in such a reservoir will be given the same allowable rate as is assigned the other wells even though it has been drilled as a regular location under the new statewide spacing rule and density rule.(2) All wells completed in fields operating under statewide rules that are presently on discovery status or have had discovery status terminated subsequent to the adoption of the new state spacing rule on October 1, 1962, will be given the 40-acre yardstick allowable, until such time as a change is ordered by the commission.(c) Production of marginal wells.(1) To artificially curtail the production of any \"marginal well\" below the marginal limit prior to its ultimate plugging and abandonment is hereby declared to be waste, and no rule or order of the Railroad Commission of Texas, or other constituted legal authority shall be entered requiring restriction of the production of any \"marginal well\" as defined in this chapter. (2) Application of paragraph (1) of this subsection shall be confined to unrestricted operating conditions which accord with established operating rules of the commission, and shall be subject to all operating conditions designed to prevent waste imposed by the commission, which conditions apply to all wells alike. (Reference Order Number 20-54,115, effective January 1, 1965.)", "sourceNote": "Source Note: The provisions of this §3.45 adopted to be effective January 1, 1976; amended to be effective March 10, 1986, 11 TexReg 901; amended to be effective February 1, 2016, 41 TexReg 785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169758&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169758", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.46", "label": "Fluid Injection into Productive Reservoirs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223575", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Permit required. Any person who engages in fluid injection operations in reservoirs productive of oil, gas, or geothermal resources must obtain a permit from the commission. Permits may be issued when the injection will not endanger oil, gas, or geothermal resources or cause the pollution of freshwater strata unproductive of oil, gas, or geothermal resources. Permits from the commission issued before the effective date of this section shall continue in effect until revoked, modified, or suspended by the commission.(b) Filing of application.(1) Application.(A) An application to conduct fluid injection operations in a reservoir productive of oil, gas, or geothermal resources shall be filed in Austin on the form prescribed by the commission accompanied by the prescribed fee. On the same date, one copy shall be filed with the appropriate district office. The form shall be executed by a party having knowledge of the facts entered on the form.(B) The applicant shall file the freshwater injection data form if fresh water is to be injected.(C) The applicant for a disposal well permit under this section shall include with the permit application a printed copy or screenshot showing the results of a survey of information from the United States Geological Survey (USGS) regarding the locations of any historical seismic events within a circular area of 100 square miles (a circle with a radius of 9.08 kilometers) centered around the proposed disposal well location.(D) The commission may require an applicant for a disposal well permit under this section to provide the commission with additional information such as logs, geologic cross-sections, pressure front boundary calculations, and/or structure maps, to demonstrate that fluids will be confined if the well is to be located in an area where conditions exist that may increase the risk that fluids will not be confined to the injection interval. Such conditions may include, but are not limited to, complex geology, proximity of the basement rock to the injection interval, transmissive faults, and/or a history of seismic events in the area as demonstrated by information available from the USGS.(2) Commercial disposal well. An applicant for a permit to dispose of oil and gas waste in a commercial disposal well shall clearly indicate on the application and in the notice of application that the application is for a commercial disposal well permit. For the purposes of this rule, \"commercial disposal well\" means a well whose owner or operator receives compensation from others for the disposal of oil field fluids or oil and gas wastes that are wholly or partially trucked or hauled to the well, and the primary business purpose for the well is to provide these services for compensation.(c) Notice and opportunity for hearing.(1) The applicant shall give notice by mailing or delivering a copy of the application to affected persons who include the owner of record of the surface tract on which the well is located; each commission-designated operator of any well located within one half mile of the proposed injection well; the county clerk of the county in which the well is located; and the city clerk or other appropriate city official of any city where the well is located within the corporate limits of the city, on or before the date the application is mailed to or filed with the commission. For the purposes of this section, the term \"of record\" means recorded in the real property or probate records of the county in which the property is located.(2) In addition to the requirements of subsection (c)(1), a commercial disposal well permit applicant shall give notice to owners of record of each surface tract that adjoins the proposed injection tract by mailing or delivering a copy of the application to each such surface owner.(3) If, in connection with a particular application, the commission or its delegate determines that another class of persons should receive notice of the application, the commission or its delegate may require the applicant to mail or deliver a copy of the application to members of that class. Such classes of persons could include adjacent surface owners or underground water conservation districts.(4) In order to give notice to other local governments, interested, or affected persons, notice of the application shall be published once by the applicant in a newspaper of general circulation for the county where the well will be located in a form approved by the commission or its delegate. The applicant shall file with the commission in Austin proof of publication prior to the hearing or administrative approval.(5) Protested applications:(A) If a protest from an affected person or local government is made to the commission within 15 days of receipt of the application or of publication, whichever is later, or if the commission or its delegate determines that a hearing is in the public interest, then a hearing will be held on the application after the commission provides notice of hearing to all affected persons, local governments, or other persons, who express an interest, in writing, in the application.(B) For purposes of this section, \"affected person\" means a person who has suffered or will suffer actual injury or economic damage other than as a member of the general public or as a competitor, and includes surface owners of property on which the well is located and commission-designated operators of wells located within one-half mile of the proposed disposal well.(6) If no protest from an affected person is received by the commission, the commission's delegate may administratively approve the application. If the commission's delegate denies administrative approval, the applicant shall have a right to a hearing upon request. After hearing, the examiner shall recommend a final action by the commission.(d) Subsequent commission action.(1) An injection well permit may be modified, suspended, or terminated by the commission for just cause after notice and opportunity for hearing, if:(A) a material change of conditions occurs in the operation or completion of the injection well, or there are material changes in the information originally furnished;(B) fresh water is likely to be polluted as a result of continued operation of the well;(C) there are substantial violations of the terms and provisions of the permit or of commission rules;(D) the applicant has misrepresented any material facts during the permit issuance process;(E) injected fluids are escaping from the permitted injection zone;(F) for a disposal well permit under this section, injection is likely to be or determined to be contributing to seismic activity; or(G) waste of oil, gas, or geothermal resources is occurring or is likely to occur as a result of the permitted operations.(2) An injection well permit may be transferred from one operator to another operator provided that the commission's delegate does not notify the present permit holder of an objection to the transfer prior to the date the lease is transferred on commission records.(3) Voluntary permit suspension.(A) An operator may apply to temporarily suspend its injection authority by filing a written request for permit suspension with the commission in Austin, and attaching to the written request the results of an MIT test performed during the previous three-month period in accordance with the provisions of subsection (j)(4) of this section. The provisions of this paragraph shall not apply to any well that is permitted as a commercial injection well.(B) The commission or its delegate may grant the permit suspension upon determining that the results of the MIT test submitted under subparagraph (A) of this paragraph indicate that the well meets the performance standards of subsection (j)(4) of this section.(C) During the period of permit suspension, the operator shall not use the well for injection or disposal purposes.(D) During the period of permit suspension, the operator shall comply with all applicable well testing requirements of §3.14 of this title (relating to plugging, and commonly referred to as Statewide Rule 14) but need not perform the MIT test that would otherwise be required under the provisions of subsection (j)(4) of this section or the permit. Further, during the period of permit suspension, the provisions of subsection (i)(1) - (3) of this section shall not apply.(E) The operator may reinstate injection authority under a suspended permit by filing a written notification with the commission in Austin. The written notification shall be accompanied by an MIT test performed during the three-month period prior to the date notice of reinstatement is filed. The MIT test shall have been performed in accordance with the provisions and standards of subsection (j)(4) of this section.(e) Area of Review.(1) Except as otherwise provided in this subsection, the applicant shall review the data of public record for wells that penetrate the proposed disposal zone within a 1/4 mile radius of the proposed disposal well to determine if all abandoned wells have been plugged in a manner that will prevent the movement of fluids from the disposal zone into freshwater strata. The applicant shall identify in the application any wells which appear from such review of public records to be unplugged or improperly plugged and any other unplugged or improperly plugged wells of which the applicant has actual knowledge.(2) The commission or its delegate may grant a variance from the area-of-review requirements of paragraph (1) of this subsection upon proof that the variance will not result in a material increase in the risk of fluid movement into freshwater strata or to the surface. Such a variance may be granted for an area defined both vertically and laterally (such as a field) or for an individual well. An application for an areal variance need not be filed in conjunction with an individual permit application or application for permit amendment. Factors that may be considered by the commission or its delegate in granting a variance include:(A) the area affected by pressure increases resulting from injection operations;(B) the presence of local geological conditions that preclude movement of fluid that could endanger freshwater strata or the surface; or(C) other compelling evidence that the variance will not result in a material increase in the risk of fluid movement into freshwater strata or to the surface.(3) Persons applying for a variance from the area-of-review requirements of paragraph (1) of this subsection on the basis of factors set out in paragraph (2)(B) or (C) of this subsection for an individual well shall provide notice of the application to those persons given notice under the provisions of subsection (c)(1) of this section. The provisions of subsection (c) of this section shall apply in the case of an application for a variance from the area-of-review requirements for an individual well.(4) Notice of an application for an areal variance from the area-of-review requirements under paragraph (1) of this subsection shall be given on or before the date the application is filed with the commission:(A) by publication once in a newspaper having general circulation in each county, or portion thereof, where the variance would apply. Such notice shall be in a form approved by the commission or its delegate prior to publication and must be at least three inches by five inches in size. The notice shall state that protests to the application may be filed with the commission during the 15-day period following the date of publication. The notice shall appear in a section of the newspaper containing state or local news items;(B) by mailing or delivering a copy of the application, along with a statement that any protest to the application should be filed with the commission within 15 days of the date the application is filed with the commission, to the following:(i) the manager of each underground water conservation district in which the variance would apply, if any;(ii) the city clerk or other appropriate official of each incorporated city in which the variance would apply, if any;(iii) the county clerk of each county in which the variance would apply; and(iv) any other person or persons that the commission or its delegate determines should receive notice of the application.(5) If a protest to an application for an areal variance is made to the commission by an affected person, local government, underground water conservation district, or other state agency within 15 days of receipt of the application or of publication, whichever is later, or if the commission's delegate determines that a hearing on the application is in the public interest, then a hearing will be held on the application after the commission provides notice of the hearing to all local governments, underground water conservation districts, state agencies, or other persons, who express an interest, in writing, in the application. If no protest from an affected person is received by the commission, the commission's delegate may administratively approve the application. If the application is denied administratively, the person(s) filing the application shall have a right to hearing upon request. After hearing, the examiner shall recommend a final action by the commission.(6) An areal variance granted under the provisions of this subsection may be modified, terminated, or suspended by the commission after notice and opportunity for hearing is provided to each person shown on commission records to operate an oil or gas lease in the area in which the proposed modification, termination, or suspension would apply. If a hearing on a proposal to modify, terminate, or suspend an areal variance is held, any applications filed subsequent to the date notice of hearing is given must include the area-of-review information required under paragraph (1) of this subsection pending issuance of a final order.(f) Casing. Injection wells shall be cased and the casing cemented in compliance with §3.13 of this title (relating to Casing, Cementing, Drilling, and Completion Requirements) in such a manner that the injected fluids will not endanger oil, gas, or geothermal resources and will not endanger freshwater formations not productive of oil, gas, or geothermal resources.(g) Special equipment.(1) Tubing and packer. Wells drilled or converted for injection shall be equipped with tubing set on a mechanical packer. Packers shall be set no higher than 200 feet below the known top of cement behind the long string casing but in no case higher than 150 feet below the base of usable quality water. For purposes of this section, the term \"tubing\" refers to a string of pipe through which injection may occur and which is neither wholly nor partially cemented in place. A string of pipe that is wholly or partially cemented in place is considered casing for purposes of this section.(2) Pressure valve. The wellhead shall be equipped with a pressure observation valve on the tubing and for each annulus of the well.(3) Exceptions. The commission or its delegate may grant an exception to any provision of this paragraph upon proof of good cause. If the commission or its delegate denies an exception, the operator shall have a right to a hearing upon request. After hearing, the examiner shall recommend a final action by the commission.(h) Well record. Within 30 days after the completion or conversion of an injection well, the operator shall file in duplicate in the district office a complete record of the well on the appropriate form which shows the current completion.(i) Monitoring and reporting.(1) The operator shall monitor the injection pressure and injection rate of each injection well on at least a monthly basis, or on a more frequent basis for a disposal well permitted under this section as required by the commission under conditions described in subsection (b)(1)(D) of this section.(2) The results of the monitoring shall be reported annually, or on a more frequent basis for a disposal well permitted under this section as required by the commission under conditions described in subsection (b)(1)(D) of this section, to the commission on the prescribed form.(3) All monitoring records shall be retained by the operator for at least five years.(4) The operator shall report to the appropriate District Office within 24 hours any significant pressure changes or other monitoring data indicating the presence of leaks in the well.(j) Testing.(1) Purpose. The mechanical integrity of an injection well shall be evaluated by conducting pressure tests to determine whether the well tubing, packer, or casing have sufficient mechanical integrity to meet the performance standards of this rule, or by alternative testing methods under paragraph (5) of this subsection.(2) Applicability. Mechanical integrity of each injection well shall be demonstrated in accordance with provisions of paragraphs (4) and (5) of this subsection prior to initial use. In addition, mechanical integrity shall be tested periodically thereafter as described in paragraph (3) of this subsection.(3) Frequency.(A) Each injection well completed with surface casing set and cemented through the entire interval of protected usable-quality water shall be tested for mechanical integrity at least once every five years.(B) In addition to testing required under subparagraph (A), each injection well shall be tested for mechanical integrity after every workover of the well.(C) An injection well that is completed without surface casing set and cemented through the entire interval of protected usable-quality ground water shall be tested at the frequency prescribed in the injection permit.(D) The commission or its delegate may prescribe a schedule and mail notification to operators to allow for orderly and timely compliance with the requirements in subparagraph (A) and subparagraph (B) of this paragraph. Such testing schedule shall not apply to an injection well for which an injection well permit has been issued but the well has not been drilled or converted to injection.(4) Pressure tests.(A) Test pressure.(i) The test pressure for wells equipped to inject through tubing and packer shall equal the maximum authorized injection pressure or 500 psig, whichever is less, but shall be at least 200 psig.(ii) The test pressure for wells that are permitted for injection through casing shall equal the maximum permitted injection pressure or 200 psig, whichever is greater.(B) Pressure stabilization. The test pressure shall stabilize within 10% of the test pressure required in subparagraph (A) of this paragraph prior to commencement of the test.(C) Pressure differential. A pressure differential of at least 200 psig shall be maintained between the test pressure on the tubing-casing annulus and the tubing pressure.(D) Test duration. A pressure test shall be conducted for a duration of 30 minutes when the test medium is liquid or for 60 minutes when the test medium is air or gas.(E) Pressure recorder. Except for tests witnessed by a commission representative or wells permitted for injection through casing, a pressure recorder shall be used to monitor and record the tubing-casing annulus pressure during the test. The recorder clock shall not exceed 24 hours. The recorder scale shall be set so that the test pressure is 30 to 70% of full scale, unless otherwise authorized by the commission or its delegate.(F) Test fluid.(i) The tubing-casing annulus fluid used in a pressure test shall be liquid for wells that inject liquid unless the commission or its delegate authorizes use of a different test fluid for good cause.(ii) The tubing-casing annulus fluid used in a pressure test shall contain no additives that may affect the sensitivity or otherwise reduce the effectiveness of the test.(G) Pressure test results. The commission or its delegate will consider, in evaluating the results of a test, the level of pollution risk that loss of well integrity would cause. Factors that may be taken into account in assessing pollution risk include injection pressure, frequency of testing and monitoring, and whether there is sufficient surface casing to cover all zones containing usable-quality water. A pressure test may be rejected by the commission or its delegate after consideration of the following factors:(i) the degree of pressure change during the test, if any;(ii) the level of risk to usable-quality water if mechanical integrity of the well is lost; and(iii) whether circumstances surrounding the administration of the test make the test inconclusive.(5) Alternative testing methods.(A) As an alternative to the testing required in paragraph (2) of this subsection, the tubing-casing annulus pressure may be monitored and included on the annual monitoring report required by subsection (i) of this section, with the authorization of the commission or its delegate and provided that there is no indication of problems with the well. Wells that are approved for tubing-casing annulus monitoring under this paragraph shall be tested in the manner provided under paragraph (3) of this subsection at least once every ten years after January 1, 1990.(B) The commission or its delegate grant an exception for viable alternative tests or surveys or may require alternative tests or surveys as a permit condition.(6) The operator shall notify the appropriate district office at least 48 hours prior to the testing. Testing shall not commence before the end of the 48-hour period unless authorized by the district office.(7) A complete record of all tests shall be filed in duplicate in the district office within 30 days after the testing.(8) In the case of permits issued under this section prior to the effective date of this amendment which require pressure testing more frequently than once every five years, the commission's delegate may, by letter of authorization, reduce the required frequency of pressure tests, provided that such tests are required at least once every three years. The commission shall consider the permit to have been amended to require pressure tests at the frequency specified in the letter of authorization.(k) Area Permits. A person may apply for an area permit that authorizes injection into new or converted wells located within the area specified in the area permit. For purposes of this subsection, the term \"permit area\" shall mean the area covered or proposed to be covered by an area permit. Except as specifically provided in this subsection, the provisions of subsections (a) - (j) of this section shall apply in the case of an area permit and all injection wells converted, completed, operated, or maintained in accordance with that permit. Except as otherwise specified in the area permit, once an area permit has been issued, the operator may apply to operate individual wells within the permit area as injection wells as specified in paragraph (3) of this subsection.(1) An application for an area permit must be accompanied by an application for at least one injection well. The applicant must:(A) identify the maximum number of injection wells that will be operated within the permit area;(B) identify the depth(s) of usable-quality water within the permit area, as determined by the Groundwater Advisory Unit of the Oil and Gas Division;(C) for each existing well in the permit area that may be converted to injection under the area permit, provide a wellbore diagram that specifies the casing and liner sizes and depths, packer setting depth, types and volumes of cement, and the cement tops for the well. A single wellbore diagram may be submitted for multiple wells that have the same configuration, provided that each well with that type of configuration is identified on the wellbore diagram and the diagram identifies the deepest cement top for each string of casing among all the wells covered by that diagram.(D) provide a wellbore diagram(s) showing the type(s) of completion(s) that will be used for injection wells drilled after the date the application for the area permit is filed, including casing and liner sizes and depths and a statement indicating that such wells will be cemented in accordance with the cementing requirements of §3.13 of this title (relating to Casing, Cementing, Drilling, and Completion Requirements) (Statewide Rule 13);(E) identify the type or types of fluids that are proposed to be injected into any well within the permit area;(F) identify the depths from top to bottom of the injection interval throughout the permit area;(G) specify the maximum surface injection pressure for any well in the permit area covered by the area permit;(H) specify the maximum amount of fluid that will be injected daily into any individual well within the permit area as well as the maximum cumulative amount of fluid that will be injected daily in the permit area;(I) in lieu of the area-of-review required under subsection (e) of this section and subject to the area-of-review variance provisions of subsection (e) of this section, review the data of public record for wells that penetrate the proposed injection interval within the permit area and the area 1/4 mile beyond the outer boundary of the permit area to determine if all abandoned wells have been plugged in a manner that will prevent the movement of fluids from the injection interval into freshwater strata. The applicant shall identify in the application the wells which appear from the review of such public records to be unplugged or improperly plugged and any other unplugged or improperly plugged wells of which the applicant has knowledge. The applicant shall also identify in the application the date of plugging of each abandoned well within the permit area and the area 1/4 mile beyond the outer boundary of the permit area; and(J) furnish a map showing the location of each existing well that may be converted to injection under the area permit and the location of each well that the operator intends, at the time of application, to drill within the permit area for use for injection. The map shall be keyed to identify the configuration of all such wells as described in subparagraphs (C) and (D) of this paragraph.(2) In lieu of the notice required under subsection (c)(1) of this section, notice of an area permit shall be given by providing a copy of the area permit application to each surface owner of record within the permit area; each commission-designated operator of a well located within one-half mile of the permit area; the county clerk of each county in which all or part of the permit area is located; and the city clerk or other appropriate city official of any incorporated city which is located wholly or partially within the permit area, on or before the date the application is mailed to or filed with the commission. Notice of an application for an area permit shall also be given in accordance with the requirements of subsection (c)(2). If, in connection with a particular application, the commission or its delegate determines that another class of persons, such as adjacent surface owners or an appropriate underground water conservation district, should receive notice of the application, the commission or its delegate may require the applicant to mail or deliver a copy of the application to members of that class.(3) Once an area permit has been issued and except as otherwise provided in the permit, no notice shall be required when an application for an individual injection well permit for any well covered by the area permit is filed.(4) Prior to commencement of injection operations in any well within the permit area, the operator shall file an application for an individual well permit with the commission in Austin. The individual well permit application shall include the following:(A) the well identification and, for a new well, a location plat;(B) the location of any well drilled within 1/4 mile of the injection well after the date of application for the area permit and the status of any well located within 1/4 mile of the injection well that has been abandoned since the date the area permit was issued, including the plugging date if such well has been plugged;(C) a description of the well configuration, including casing and liner sizes and setting depths, the type and amount of cement used to cement each casing string, depth of cement tops, and tubing and packer setting depths;(D) an application fee in the amount of $100 per well; and(E) any other information required by the area permit.(5) An individual well permit may be issued by the commission or its delegate in writing or, if no objection to the application is made by the commission or its delegate within 20 days of receipt of the application, the individual well permit shall be deemed issued.(6) All individual injection wells covered by an area permit must be permitted in accordance with the requirements of this subsection and converted or completed, operated, maintained, and plugged in accordance with the requirements of this section and the area permit.(l) Gas storage operations. Storage of gas in productive or depleted reservoirs shall be subject to the provisions of §3.96 of this title (relating to Underground Storage of Gas in Productive or Depleted Reservoirs).(m) Plugging. Injection wells shall be plugged upon abandonment in accordance with §3.14 of this title (relating to Plugging).(n) Penalties.(1) Violations of this section may subject the operator to penalties and remedies specified in Title 3 of the Natural Resources Code and any other statutes administered by the commission.(2) The certificate of compliance for any oil, gas, or geothermal resource well may be revoked in the manner provided in §3.73 of this title (relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance) for violation of this section.", "sourceNote": "Source Note: The provisions of this §3.46 adopted to be effective January 1, 1976; amended to be effective April 1, 1982, 7 TexReg 655; amended to be effective January 1, 1994, 18 TexReg 8871; amended to be effective December 4, 1996, 21 TexReg 11361; amended to be effective April 7, 1998, 23 TexReg 3432; amended to be effective August 4, 1998, 23 TexReg 7768; amended to be effective December 28, 1999, 24 TexReg 11711; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective July 2, 2012, 37 TexReg 4892; amended to be effective November 17, 2014, 39 TexReg 8988." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223575", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.47", "label": "Allowable Transfers for Saltwater Injection Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223576", "queryAsDate": "03/11/2026" }, "ruleBody": "An allowable transfer will not be authorized for a well converted from oil production to saltwater disposal; however, an operator may make application to use the well for dual-purpose waterflood and saltwater disposal if injection is into an oil productive zone, and it is shown that the water injection will not injure the reservoir but will probably be of benefit to the reservoir as a secondary recovery program even though the beneficial effect of the water injection cannot be readily determined.", "sourceNote": "Source Note: The provisions of this §3.47 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223576", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.48", "label": "Capacity Oil Allowables for Secondary or Tertiary Recovery Projects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "118286", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Capacity oil allowable--The allowable assigned from time to time by the director of the Oil and Gas Division or the director's delegate to an oil lease or unit engaged in a secondary or tertiary recovery program, that is consistent with the ability of the lease or unit to produce and that will prevent the occurrence of overproduced status for the lease or unit. Capacity oil allowables encompass and supercede what the Railroad Commission formerly designated as waterflood allowables.(2) Offsetting operators and unleased mineral interest owners affected by the application--All offsetting operators and unleased mineral interest owners to the lease or unit except for those offsetting operators and unleased mineral owners the director of the Oil and Gas Division or the director's delegate determines to be unaffected by the application.(b) Application. The director of the Oil and Gas Division or the director's delegate may grant a capacity oil allowable for a lease or unit, to the operator of a secondary or tertiary recovery project, when evidence of production increase in response to the secondary or tertiary recovery project is noted. The operator's application for a capacity oil allowable shall consist of:(1) a written request that shall contain a statement indicating that all offsetting operators and unleased mineral interest owners affected by the application have been sent a copy of the complete application, and a list of such offsetting operators and unleased mineral interest owners indicating the date that notification was sent;(2) evidence of the operator's participation in the subject secondary or tertiary recovery project;(3) a plat indicating all producing wells and injection wells on the lease or unit and all offsetting operators and unleased mineral interest owners to the lease or unit;(4) if available, signed waivers of objection from all offsetting operators and unleased mineral interest owners affected by the application; and(5) a production graph illustrating both increased production and volumes of water or other substances used in the secondary or tertiary recovery project that have been injected on the lease or unit since initiation of the secondary or tertiary recovery project.(c) Notice and hearing. If the operator does not submit signed waivers of objection from all offsetting operators and unleased mineral interest owners affected by the application, there shall be a minimum of 21 days notice of the application for a capacity oil allowable; provided that, if the operator requests a hearing to consider the application, such hearing shall be held only after at least 10 days notice. If the director of the Oil and Gas Division or the director's delegate declines to approve the initial application, or if a protest is received by the Oil and Gas Division within the prescribed notice period, the operator may request a hearing to show that the capacity oil allowable is necessary either to prevent waste or to protect correlative rights. Any hearing held pursuant to this section shall be held only after at least 10 days notice. If the operator submits signed waivers of objection from all offsetting operators and unleased mineral interest owners affected by the application, or if no protest is received by the Oil and Gas Division within the 21-day notice period, or if no protestant appears at a hearing to consider an application for a capacity oil allowable, the capacity oil allowable may be granted administratively by the director of the Oil and Gas Division or the director's delegate if the application establishes that the capacity oil allowable is necessary to ensure maximum recovery from the secondary or tertiary recovery project.(d) Temporary basis. A capacity oil allowable may be granted on a temporary basis by the director of the Oil and Gas Division or the director's delegate upon receipt of a complete application indicating that an immediate allowable increase is necessary to ensure maximum recovery from the secondary or tertiary recovery project. If a hearing is held to consider the application, any capacity oil allowable previously granted on a temporary basis under this section will remain in effect until a signed order of the Railroad Commission is issued in the matter. If the commission order denies the application, or if an applicant fails to request a hearing to consider a protested application, additional production resulting from the capacity oil allowable granted on a temporary basis will be treated as overproduction.", "sourceNote": "Source Note: The provisions of this §3.48 adopted to be effective March 28, 1988, 13 TexReg 1257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "118286", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.49", "label": "Gas-Oil Ratio" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134688", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any oil well producing with a gas-oil ratio in excess of 2,000 cubic feet of gas per barrel of oil produced shall be allowed to produce daily only that volume of gas obtained by multiplying its maximum daily oil allowable, as determined by the allocation formula applicable to the well, by 2,000. The gas volume thus obtained shall be known as the daily gas limit of the well. The daily oil allowable of the well shall then be determined by dividing its daily gas limit, obtained as provided in this section, by its producing gas-oil ratio in cubic feet per barrel of oil produced. (b) Any gas well producing from the same reservoir in which oil wells are completed and producing shall be allowed to produce daily only that amount of gas which is the volumetric equivalent in reservoir displacement of the gas and oil produced from the oil well in the reservoir that withdraws the maximum amount of gas in the production of its daily oil allowable. (1) The following formula shall be used in the determination of the allowable of a gas well producing with a gas-oil ratio of 100,000 or more. Attached Graphic(2) The following formula shall be used in the determination of the allowable of a gas well producing with a gas-oil ratio of less than 100,000 under the provisions of the rule stated. Attached Graphic(3) The allowable for an associated gas well as determined by this subsection shall be limited to the lesser of: (A) the gas well allowable as calculated by paragraph (1) or (2) of this subsection; (B) the well's capability as determined by §3.31(e) of this title (relating to Gas Reservoirs and Gas Well Allowable) (Statewide Rule 31); or (C) the highest monthly production during those months averaged to a daily amount for wells that reported production during any of the three most recently reported production months. (c) The necessary reservoir data shall be obtained from the file of the most recent MER hearing or shall be estimated by the commission unless more recent information is submitted by the operators. (d) If the gas produced from an oil reservoir is returned to the same reservoir from which it was produced, only the volume of gas not returned to the reservoir shall be considered in applying the rule stated. (e) Associated gas wells. (1) Subsection (b) of this section will not be applicable to associated gas wells in reservoirs for which unlimited net gas-oil ratio authority has been granted for oil wells, where such net gas is defined as total gas produced less gas diverted to legal uses; however, this subsection does not apply to reservoirs where net gas is defined as total gas produced less gas returned to the reservoir from which it was produced, or where special field rules have been adopted for associated gas wells, or where a total gas volume limitation is placed upon the oil well producing under a net ratio, except that each associated gas well in such a reservoir shall be entitled to an additional gas voidage not to exceed the limitation placed upon the net ratio authority granted and the facts are shown on the current oil proration schedule for the field. (2) Allowables for associated gas wells producing from reservoirs that are subject to an unlimited net gas-oil ratio authority will be dropped from the associated gas well schedule, effective that date such an unlimited net gas-oil ratio is authorized for any oil well in such reservoir. (f) All gas-oil ratios determined by test or allocation shall be reported on the oil well status report form in accordance with instructions thereon and the provisions of §3.53(a) of this title (relating to Annual Well Tests and Well Status Reports Required). (g) Allowables. (1) No well shall have its allowable curtailed below the allowable fixed by the applicable field rules and the general statewide market demand order, unless such well is incapable of producing this allowable on a calendar day basis. (2) Any well that has a gas-oil ratio in excess of the prescribed ratio for the field in which it is located will have its schedule daily allowable penalized due to such ratio.", "sourceNote": "Source Note: The provisions of this §3.49 adopted to be effective January 1, 1976; amended to be effective July 1, 1992, 17 TexReg 3236; amended to be effective February 13, 1997, 22 TexReg 1313; amended to be effective November 24, 2004, 29 TexReg 10728." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134688", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.50", "label": "Enhanced Oil Recovery Projects--Approval and Certification for Tax Incentive" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176238", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide a procedure by which an operator can obtain Railroad Commission approval and certification of enhanced oil recovery (EOR) projects pursuant to Texas Tax Code, §202.052, §202.054, and §202.0545.(b) Applicability.(1) This section applies to:(A) new EOR projects and the change from secondary EOR projects to tertiary projects which qualify as new EOR projects, and which begin active operation on or after September 1, 1989; and(B) expansions of existing EOR projects.(2) An EOR project may not qualify as an expansion if the project has qualified as a new EOR project under this section.(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Active operation--The start and continuation of a fluid injection program for a secondary or tertiary recovery project to enhance the displacement process in the reservoir. Applying for permits and moving equipment into the field alone are not considered active operations.(2) Anthropogenic carbon dioxide--Carbon dioxide produced as a result of human activities.(3) Commission--The Railroad Commission of Texas.(4) Commission representative--A commission employee authorized to act for the commission. Any authority given to a commission representative is also retained by the commission. Any action taken by the commission representative is subject to review by the commission.(5) Comptroller--The Comptroller of Public Accounts.(6) Enhanced oil recovery project (EOR)--The use of any process for the displacement of oil from the reservoir other than primary recovery and includes the use of an immiscible, miscible, chemical, thermal, or biological process. This term does not include pressure maintenance or water disposal projects.(7) Existing enhanced recovery project--An EOR project that has begun active operation but was not approved by the Commission as a new EOR project.(8) Expanded enhanced recovery project or expansion--The addition of injection and producing wells, the change of injection pattern, or other commission approved operating changes to an existing enhanced oil recovery project that will result in the recovery of oil that would not otherwise be recovered.(9) Fluid injection--Injection through an injection well of a fluid (liquid or gaseous) into a producing formation as part of an EOR project.(10) Incremental production--The volume of oil produced by an expanded enhanced recovery project in excess of the production decline rate established under conditions before expansion of an existing enhanced recovery project.(11) Oil recovery from an enhanced recovery project--The oil produced from the designated area the commission certifies to be affected by the project.(12) Operator--The person recognized by the commission as being responsible for the actual physical operation of an EOR project and the wells associated with the EOR project.(13) Positive production response--Occurs when the rate of oil production from wells within the designated area affected by an EOR project is greater than the rate that would have occurred without the project.(14) Pressure maintenance--The injection of fluid into the reservoir for the purpose of maintaining the reservoir pressure at or near the bubble point or other critical pressure wherein fluid injection volumes are not sufficient to refill existing reservoir voidage in the approved project area and displace oil that would not be displaced by primary recovery operations.(15) Primary recovery--The displacement of oil from the reservoir into the wellbore(s) by means of the natural pressure of the oil reservoir, including artificial lift.(16) Production decline rate--The projected future oil production from a project area as extrapolated by a method approved by the commission.(17) Recovered oil tax rate--The tax rate provided by the Tax Code, §202.052(b).(18) Secondary recovery project--An enhanced recovery project that is not a tertiary recovery project.(19) Termination--Occurs when the approved fluid injection program associated with an EOR project stops or is discontinued.(20) Tertiary recovery project--An EOR project using a tertiary recovery method (as defined in the federal June 1979 energy regulations referred to in the Internal Revenue Code of 1986, §4993, or approved by the United States secretary of the treasury for purposes of administering the Internal Revenue Code of 1986, §4993, without regard to whether that section remains in effect) including those listed as follows:(A) Alkaline (or caustic) flooding--An augmented waterflooding technique in which the water is made chemically basic as a result of the addition of alkali metals.(B) Carbon dioxide augmented waterflooding--Injection of carbonated water, or water and carbon dioxide, to increase waterflood efficiency.(C) Cyclic steam injection--The alternating injection of steam and production of oil with condensed steam from the same well or wells.(D) Immiscible carbon dioxide displacement--Injection of carbon dioxide into an oil reservoir to effect oil displacement under conditions in which miscibility with reservoir oil is not obtained.(E) In situ combustion--Combustion of oil in the reservoir, sustained by continuous air injection, to displace unburned oil toward producing wells.(F) Microemulsion, or micellar/emulsion, flooding--An augmented waterflooding technique in which a surfactant system is injected in order to enhance oil displacement toward producing wells. A surfactant system normally includes a surfactant, hydrocarbon, cosurfactant, an electrolyte and water, and polymers for mobility control.(G) Miscible fluid displacement--An oil displacement process in which gas or alcohol is injected into an oil reservoir, at pressure levels such that the injected gas or alcohol and reservoir oil are miscible. The process may include the concurrent, alternating, or subsequent injection of water. The injected gas may be natural gas, enriched natural gas, a liquefied petroleum gas slug driven by natural gas, carbon dioxide, nitrogen, or flue gas. Gas cycling, i.e., gas injection into gas condensate reservoirs, is not a miscible fluid displacement technique nor a tertiary enhanced recovery technique within the meaning of this section.(H) Polymer augmented waterflooding--Augmented waterflooding in which organic polymers are injected with the water to improve a real and vertical sweep efficiency.(I) Steam drive injection--The continuous injection of steam into one set of wells (injection wells) or other injection source to effect oil displacement toward and production from a second set of wells (production wells).(21) Water disposal project--The injection of produced water into the reservoir for the purpose of disposing of the produced water wherein the water injection volumes are not sufficient to refill existing reservoir voidage in the approved project area and displace oil that would not be displaced by primary recovery operations.(d) Application requirements. To qualify for the recovered oil tax rate the operator shall:(1) submit an application for approval on the appropriate form. All applications must be filed at the Commission's Austin office. The form shall be executed and certified by a person having knowledge of the facts entered on the form. If an application is already on file under the Natural Resources Code, Chapter 101, Subchapter B, or for approval as a tertiary recovery project for purposes of the Internal Revenue Code of 1986, §4993, the operator may file a new EOR project and area designation application if the active operation of the project does not begin before the application under this section is approved by the Commission;(2) submit all necessary forms to the Oil and Gas Division and provide the Commission with any relevant information required to administer this section such as: area plats showing the proposed project area and all injection and producing wells within the area, production and injection history, planned enhanced oil recovery procedures, and any other pertinent data;(3) obtain a unitization agreement if required for purposes of carrying out the project under the Natural Resources Code, Chapter 101, Subchapter B. The Commission may not approve the project unless the unitization is approved; and(4) submit an application on the appropriate form and obtain the necessary permits to conduct fluid injection operations pursuant to §3.46 of this title (relating to Fluid Injection into Productive Reservoirs) (Statewide Rule 46), if such permits have not already been obtained.(e) Concurrent applications. The operator may file concurrently:(1) an application for approval of a new or expanded EOR project under this section, together with;(2) an application for approval of a unitization agreement for purposes of carrying out the enhanced oil recovery project under the Natural Resources Code, §§101.001 et seq.; or(3) an application for approval for certification of the project as a tertiary recovery project.(f) Opportunity for hearing. A commission representative may administratively approve the application. If the commission representative denies administrative approval, the applicant shall have the right to a hearing upon request. After hearing, the examiner shall recommend final action by the commission.(g) Approval and certification.(1) Project approval. In order to be eligible for the recovered oil tax rate as provided in the Tax Code, §202.052(b), the operator shall apply for and be granted Commission approval of a new EOR project or an expansion of an existing EOR project, prior to commencing active operation of the new project or expanded project. For a project to be approved the operator shall:(A) prove that it qualifies as an EOR project;(B) designate the area to be affected by the project and obtain Commission approval of the designation; and(C) if production from the wells within the project area is reported with production from wells not in the project area, designate the method to account for and report production from the project area.(2) Positive production response certificate.(A) The operator of an EOR project that meets the requirements of this section shall demonstrate to the Commission a positive oil production response before the operator can receive Commission certification of such a positive production response. The certification date may be any date desired by the operator, subject to Commission approval, following the date on which a positive oil production response first occurred. The operator shall apply for a positive production response certificate within three years of project approval for secondary projects, and within five years of project approval for tertiary projects, to qualify for the recovered oil tax rate. The oil produced from the designated area of a new EOR project or incremental oil produced from the designated area of an expanded EOR project after the date of certification of a positive production response is eligible for the recovered oil tax rate. The operator shall apply to the comptroller pursuant to the Tax Code, §202.052 and §202.054, to qualify for the recovered oil tax rate.(B) The application for positive response certification shall include:(i) production and injection graphs with supporting tabular data illustrating a positive production response and volumes of water or other substances that have been injected on the designated area since the initiation of the new or the expanded EOR project;(ii) a plat of the affected area showing all injection and producing wells, with completion dates; and(iii) any other data requested by the Oil and Gas Division.(C) The application for the positive production response certificate shall be processed administratively. If the Commission representative denies administrative approval, the applicant shall have the right to a hearing upon request. After hearing, the examiner shall recommend final action by the Commission.(h) Annual reporting.(1) The operator shall file an annual report on the appropriate form with the Oil and Gas Division each year the project remains eligible for the reduced severance tax rate. This form shall be filed within 30 days of the first anniversary of the date that the Commission acted on the EOR positive production response certification application and annually thereafter.(2) The report shall contain the following:(A) Commission certification date of positive production response;(B) monthly volume of injected fluid(s) and anthropogenic carbon dioxide;(C) number of well(s) used for injection;(D) monthly production of oil, gas, and water;(E) number of active producing wells; and(F) any other relevant information requested by the Oil and Gas Division.(i) Reduced or enlarged areas. The operator may apply for reduced or enlarged project area certification if the application for reduction or enlargement is received prior to the filing of an application for positive production response certification of the original enhanced oil recovery project.(j) Termination and penalty. Upon approval by the Commission and the comptroller, the recovered oil tax rate shall continue for a maximum of 10 years, unless the project is sooner terminated. If the project is terminated prior to the 10-year period, the operator shall notify the Commission and the comptroller in writing within 30 days after the last day of active operations. Failure to so notify may result in civil penalties, interest, and the tax due. If the Commission determines a project has been terminated or there is action that affects the tax rate, it shall notify the comptroller immediately in writing.(k) Additional tax rate reduction for enhanced recovery projects using anthropogenic carbon dioxide.(1) Subject to the limitations provided by Texas Tax Code, §202.0545, until the later of the seventh anniversary of the date that the Comptroller of Public Accounts first approves an application for a tax rate reduction under this subsection or the effective date of a final rule adopted by the United States Environmental Protection Agency regulating carbon dioxide as a pollutant, the producer of oil recovered through an EOR project that qualifies under Texas Tax Code, §202.054, for the recovered oil tax rate provided by Texas Tax Code, §202.052(b), is entitled to an additional 50 percent reduction in that tax rate if in the recovery of the oil the EOR project uses carbon dioxide that:(A) is captured from an anthropogenic source in this state;(B) would otherwise be released into the atmosphere as industrial emissions;(C) is measurable at the source of capture; and(D) is sequestered in one or more geological formations in this state following the EOR process.(2) In the event that a portion of the carbon dioxide used in the EOR project is anthropogenic carbon dioxide that satisfies the criteria of paragraph (1) of this subsection and a portion of the carbon dioxide used in the project fails to satisfy the criteria of paragraph (1) of this subsection because it is not anthropogenic, the tax reduction provided by paragraph (1) of this subsection shall be reduced to reflect the proportion of the carbon dioxide used in the project that satisfies the criteria of paragraph (1) of this subsection.(3) To qualify for the tax rate reduction under this subsection, the operator shall:(A) apply for a certification from the Commission if carbon dioxide used in the project is to be sequestered in an oil or natural gas reservoir; and(B) apply to the Comptroller of Public Accounts for the reduction and include with the application any information and documentation that the comptroller may require.(4) To qualify for the additional reduced recovered oil tax rate under this subsection the operator shall:(A) submit an application for certification to the Commission's Austin Office for approval on the appropriate form that is executed and certified as provided for on the form; and(B) provide the Commission with:(i) plats showing the proposed project area and all wells within the area;(ii) production and injection history;(iii) planned enhanced oil recovery procedures;(iv) information to demonstrate that the carbon dioxide to be injected is anthropogenic and a description of the method(s) of capturing and measuring the captured carbon dioxide at the source;(v) a description of the planned sequestration program reasonably expected to ensure that at least 99% of the sequestered carbon dioxide will remain sequestered for at least 1,000 years;(vi) planned monitoring and verification measures, including the planned duration of such measures, that will be employed to demonstrate that the sequestration program is performing as expected; and(vii) any other pertinent information requested by the Commission.(5) The Commission may issue the certification for the reduced tax rate under this subsection only if the Commission finds that, based on substantial evidence, there is a reasonable expectation that:(A) the operator's planned sequestration program will ensure that at least 99 percent of the anthropogenic carbon dioxide sequestered will remain sequestered for at least 1,000 years; and(B) the operator's planned sequestration program includes appropriately designed monitoring and verification measures that will be employed for a period sufficient to demonstrate whether the sequestration program is performing as expected.(6) The operator is responsible for making application to the Comptroller of Public Accounts for the additional tax rate reduction.(7) The additional tax rate reduction under this subsection does not apply and the operator will be required to repay the amount of tax that would have been imposed in the absence of this subsection if the operator's sequestration program or the operator's monitoring and verification measures differ substantially from the planned program approved by the Commission.(8) In conjunction with the Annual Report required to be filed under subsection (h) of this section, an operator shall submit information concerning the operator's monitoring and verification measures results as proposed in the application for certification to demonstrate whether the sequestration program is performing as expected. In the event that the operator's sequestration program, including monitoring and verification measures, differs substantially from the program certified by the Commission under subsection (k)(5) of this section, the operator shall include with the Annual Report a written description of any material changes in the sequestration program.(9) A Commission representative may administratively approve or deny an application for certification. If the Commission representative administratively denies an application, the applicant shall have the right to a hearing upon request. After hearing, the examiner shall recommend final action by the Commission.", "sourceNote": "Source Note: The provisions of this §3.50 adopted to be effective February 20, 1990, 15 TexReg 652; amended to be effective March 18, 1992, 17 TexReg 1615; amended to be effective November 17, 1993, 18 TexReg 7922; amended to be effective April 6, 1998, 23 TexReg 3435; amended to be effective October 12, 2003, 28 TexReg 8585; amended to be effective January 7, 2008, 33 TexReg 114." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176238", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.51", "label": "Oil Potential Test Forms Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A completed potential test form shall be filed with the Commission not later than the deadline for filing completion reports under §3.16 of this title (relating to Log and Completion or Plugging Report). If the operator fails to file a potential test in an acceptable form prior to the deadline for filing completion reports as specified under §3.16 of this title, then the effective date of the allowable resulting from the test shall not extend back more than 30 days prior to the date that the test form, properly completed, is filed with the Commission. This 30-day provision shall govern regardless of whether the potential test is taken during the month in which it is received by the Commission or any prior month.(b) The initial potential test form for any new completion or recompletion must be accompanied by the well record.", "sourceNote": "Source Note: The provisions of this §3.51 adopted to be effective January 1, 1976; amended to be effective February 1, 2016, 41 TexReg 785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176239", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.52", "label": "Oil Well Allowable Production" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=71716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "71716", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The daily allowable production of any lease or property shall not include production based upon the daily potential production of the field or area in which such well is located unless such well is actually on production, and such lease or property shall share in the total allowable production of the field or area, only to the extent of such well's actual ability to produce from day to day regardless of the rated potential production thereof according to the commission schedules.(b) Production of a well in any one day shall not exceed 110% of the top well allowable as fixed by applicable rules and orders. Production and runs from a lease during the monthly allowable period shall not exceed 105% of the monthly allowable for the well or wells on the lease. However, the volume of oil that is produced and removed from the producing property as tolerance production shall be treated as overproduction and overruns shall be made up during the next succeeding month.(c) All oil allowable volumes shall be measured in a manner consistent with §3.71 of this title (relating to Pipeline Tariffs) (Statewide Rule 71).(d) A newly completed well coming into production during a proration period will be gauged either by a commission agent, or pipeline gauger if a commission agent is not available, if an offset lease owner witnesses the gauge taken by the pipeline gauger. The allowable production of such newly completed well shall be in addition to the existing total allowable production of the field as previously ascertained. The well whose allowable is thus fixed shall take its ratable share of production at the next succeeding schedule date according to rule.(e) All oil produced from any well governed by any proration order of the commission shall be charged against the allowable daily production of such well regardless of the disposition which is made of the oil so produced.(f) The operator of any lease or unitized area in the State of Texas may be permitted to produce the total allowable for any such lease or unitized area subject to the following provisions:(1) The operator must submit an application to produce that total allowable on a lease or unit production basis to the commission with a plat showing the subject lease or unit as well as the adjacent properties thereto. Such plat shall identify properly all properties and wells. The applicant shall give written notice to all operators in the field when application is made for permission to produce on a lease basis in a field. If no protest is received by the commission within 15 days of the date of mailing, the application may be granted by administrative action. If protest is received, notice will be given and the matter set for hearing.(2) The total daily allowable of the lease or unit shall be initially established as an allowable equal to the sum of the current allowables for all wells on the lease or unit. The allowable credited to any new or existing well may be increased to the top well allowable permitted by subsequently filing a new potential test on that well. The maximum total daily allowable of the lease or unit will be equal to the sum of the scheduled top allowables assignable to each well for its proration unit.(3) The total daily allowable of the lease or unit may be produced in any quantity from any well or combination of wells with the exception that wells nearer than a regular location from a lease or unit line shall not be permitted to produce more than their normal allowables and wells at a distance of a regular location from a lease or unit line shall not be produced at a rate of more that two times the top allowable for such well unless waivers of objection to rates in excess of this limit have been obtained from the operators of wells offsetting the well.(4) Annual well test or allocation:(A) An annual well test, or an allocation pursuant to §3.53(a)(2) of this title (relating to Annual Well Tests and Well Status Reports Required) shall be made and reported on the oil well status report form on each lease or unit property to which a lease production basis has been granted showing an individual well test or allocation on each oil well on the property made during the prescribed test period determined by the commission. Annual well tests may be witnessed by offset operators. An offset operator that desires to witness an annual well test shall give the testing operator written notice of its desire to witness the next scheduled annual well test of a specific well. A testing operator that has received prior written notice that an offset operator desires to witness an annual well test shall give that offset operator at least 24 hours advance notice of the date of the next annual well test for that well. The Commission will use the test or allocation data in the preparation of the oil proration schedule. The total schedule daily lease allowable shall be the sum of the individual well allowables as determined under applicable rules and the lease production basis shall be designated on the oil proration schedule by an appropriate symbol. All wells on the lease for which an allowable is requested shall have their production volumes reported pursuant to §3.53(a).(B) Any producing well with a gas-oil ratio in excess of that permitted by the applicable rules shall have its daily allowable calculated by dividing the producing gas-oil ratio into the daily gas limit of the well.(5) The Commission shall continue to require special tests in cases of commingled production where individual lease apportionment is determined by this method. Other special tests may be required as the Commission deems necessary.(6) In the event that the monthly gas production of the lease or unit exceeds the permissible monthly lease gas limit, the volume of gas in excess of the lease gas limit shall be considered overproduction and must be made up by underproduction of the lease gas limit. Whenever the overproduced amount equals the next month's lease gas limit the overproduced amount shall immediately be reduced to zero by shutting in the lease or by other means acceptable to the Commission.(7) The East Texas Field is excluded from the provisions of this section.(g) Administrative cancelation of overproduction.(1) An operator may request in writing to the Commission that overproduction for a specific lease be canceled. The request shall include a listing of the names and addresses of all offsetting operators in the same field as the lease for which the request is filed.(2) Upon receipt of an operator's written request:(A) Commission staff shall determine whether the operator's wells on the specified lease are in compliance with Commission rules excluding rules pertaining to overproduction.(B) If the wells are found to be in compliance, the Commission staff shall send written notice to offset operators as identified in the request advising them of the request and giving them not less than 15 days to file a written objection to the request.(C) If no objection to the request is received, the overproduction on the lease requested by the operator shall be canceled.(D) If objection to the request is received or if Commission staff determines that the operator's wells are not in compliance with Commission rules excluding rules pertaining to overproduction, then the requested cancelation shall not be administratively approved. The operator may request that the matter be scheduled for public hearing pursuant to Tex. Nat. Res. Code §86.090. The burden of proof shall be on the applicant operator.", "sourceNote": "Source Note: The provisions of this §3.52 adopted to be effective January 1, 1976; amended to be effective May 1, 1991, 16 TexReg 2095; amended to be effective February 18, 1994, 19 TexReg 783; amended to be effective February 13, 1997, 22 TexReg 1313; amended to be effective January 10, 2000, 25 TexReg 79; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective February 1, 2016, 41 TexReg 785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=71716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "71716", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.53", "label": "Annual Well Tests and Well Status Reports Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223577", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Oil wells.(1) Unless otherwise provided for in this section, each operator of producing oil wells shall annually test each producing oil well for a 24-hour period during the test period specified on the well status report form and shall record all oil, gas and water volumes resulting from the test on the form.(2) For any oil well capable of producing no more than five barrels of oil per 24-hour period, the operator of such well may report the required oil, gas and water volumes based on an allocation of that well's production on a prorated daily basis, rather than an actual well test. This option of using production allocation instead of actual well tests does not apply to surface-commingled wells, swabbed wells, the East Texas Field or the following Panhandle fields: Panhandle Carson County Field (Field Number 68845-001); Panhandle Collingsworth County Field (Field Number 68859-001); Panhandle Gray County Field (Field Number 68873-001); Panhandle Hutchison County Field (Field Number 68887-001); Panhandle Moore County field (Field Number 68901-001); Panhandle Potter County Field (Field Number 68915-001); and Panhandle Wheeler County Field (Field Number 68929-001).(3) Each operator of a well or wells listed in the oil proration schedule shall file with the commission an oil well status report form in accordance with instructions on the form. All wells on a lease, and injection and disposal wells, must be reported.(4) Changes in oil well status filed between regularly scheduled oil well status surveys shall be submitted on oil well status report forms in accordance with instructions thereon.(b) Gas wells. Each operator of a gas well producing liquid hydrocarbons shall file with the commission gas well status reports in accordance with instructions thereon.", "sourceNote": "Source Note: The provisions of this §3.53 adopted to be effective January 1, 1976; amended to be effective November 21, 1980, 5 TexReg 4419; amended to be effective February 13, 1997, 22 TexReg 1313; amended to be effective January 10, 2000, 25 TexReg 79." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223577", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.54", "label": "Gas Reports Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117870", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Gas processing plant report. As soon after the first day of each calendar month as practicable, and never later than the 25th day of each calendar month, the operator of each plant manufacturing or extracting liquid hydrocarbons, including gasoline, butane, propane, condensate, kerosene, or other derivatives from natural gas, or refinery or storage vapors, shall file, in duplicate, in the Austin office, a report concerning the operation of the plant during the immediately preceding month, which must contain the data and information required on the form.(b) Pressure maintenance and repressuring plant report.(1) As soon after the first day of each month as practicable, but never later than the 15th day of each calendar month, the operator of each plant that returns natural gas to oil or gas producing reservoirs, or both, for the purpose of maintaining pressure or repressuring an oil or gas reservoir, but is not reporting such gas on any other commission approved form, shall file in duplicate in the district office a report concerning the operation of the plant during the immediately preceding month, which must contain the data and information required on the form.(2) Pressure maintenance.(A) The operator of each pressure-maintenance or repressuring plant shall file the report although no liquid hydrocarbons are recovered.(B) The term \"pressure-maintenance plant\" or \"repressuring plant\" as used herein means any equipment or device, mechanical or otherwise, used for the purpose of returning any natural gas, residue gas from a gas processing plant, including plant and storage vapors, to an underground oil reservoir if the plant is operated as a separate unit. If pressure maintenance or repressuring operations are conducted as an integral part of a gas processing plant extracting, manufacturing, or recovering liquid hydrocarbons from natural gas or vapors, or both, the operations shall be reported by the operator of the processing plant.(c) Producer's report of condensate and/or crude oil produced from gas wells. As soon as practicable after the first day, and never later than the last day of the calendar month, subsequent to the period of the report, the operator of each gas well from which liquids are recovered on the lease shall file the required form.(d) Carbon black plant report. As soon as practicable after the first day and never later than the 15th day of each calendar month, each operator of a carbon black plant shall file a report. The report shall cover the operation of the plant for the immediately preceding month and shall be filed in duplicate in the district office.(e) Monthly gas production report. As soon after the first day of each month as practicable, and never later than the last day of the calendar month, subsequent to the period of the report, every operator producing natural gas from wells classified as either gas wells or oil wells by the commission, except those expressly exempted by the commission shall file a report on the required form.", "sourceNote": "Source Note: The provisions of this §3.54 adopted to be effective January 1, 1976; amended to be effective February 23, 1979, 4 TexReg 436; amended to be effective May 7, 1991, 16 TexReg 2297." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.55", "label": "Reports on Gas Wells Commingling Liquid Hydrocarbons before Metering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When the full well stream from a gas well is moved to a plant or central separation facilities, and the liquid hydrocarbons produced by two or more wells are commingled without being measured or metered from each gas well, the operator of each well so producing shall periodically file with the commission, as provided for in this section, a report showing the following information for each well:(1) the specific gravity of the gas at 60 degrees Fahrenheit, after the removal of the liquid hydrocarbons;(2) the API gravity corrected to 60 degrees Fahrenheit of the liquid hydrocarbons removed;(3) the number of stock tank barrels of liquid hydrocarbons (corrected to 60 degrees Fahrenheit) recovered per 1,000 standard cubic feet of gas.(b) Tests.(1) The tests necessary for this report shall be made by one or more of the following methods:(A) conventional mechanical separation;(B) low temperature separation;(C) split stream method;(D) in accordance with AGA-NGAA Testing Code 101-43.(2) The tests shall be made semiannually, or quarterly if contracts for royalty payments require quarterly tests. Semiannual tests must be made during the first and third or second and fourth quarters of the year. If a contract for royalty payments requires quarterly tests, the tests shall be made during each quarter. Both semiannual and quarterly tests may be made during any month of the quarter if the same (first, second, or third) month of each quarter is used thereafter for any well.(c) The results of each test shall be submitted in duplicate on the appropriate commission form to the proper commission district office not later than the 15th day of each month following the month in which the test is made. The tests shall be required when the conditions set out in the first paragraph of this section exist, regardless of whether or not the conditions are an exception to §3.26 of this title (relating to Separating Devices, Tanks, and Surface Commingling of Oil) (Statewide Rule 26). The tests shall not be required, however, in any reservoir in which 100% of the operating and royalty ownership has been unitized.(d) This section does not purport to alter any procedure for periodic tests of gas wells that has previously been approved by the commission. If test periods agreed upon by the interested parties have not been approved by the commission, and if the periods agreed upon differ from the test periods provided for in this section, alternative testing periods may be approved by the commission upon application.", "sourceNote": "Source Note: The provisions of this §3.55 adopted to be effective January 1, 1976; amended to be effective March 10, 1986, 11 TexReg 901; amended to be effective November 24, 2004, 29 TexReg 10728." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128963", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.56", "label": "Scrubber Oil and Skim Hydrocarbons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223578", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:(1) Identifiable liquid hydrocarbons--Volume of scrubber oil/skim hydrocarbons that is received at a gas plant/produced water disposal facility where the origin of such liquid hydrocarbons can be clearly identified.(2) Producing property--A location from which hydrocarbons are being produced that has been assigned a lease identification number by the Commission and which is used in reporting production.(3) Scrubber oil--Liquid hydrocarbons which accumulate in lines that are transporting casinghead gas and which are captured at the inlet to a gas processing plant.(4) Skim hydrocarbons--Oil and condensate which accumulate during produced water disposal operations.(5) Tolerance--The amount of skim hydrocarbons that may be recovered before the produced water disposal system operator must allocate to the producing property.(6) Unidentifiable liquid hydrocarbons--Scrubber oil/skim hydrocarbons received at a gas plant/produced water disposal facility where the origin of such liquid hydrocarbons cannot be identified.(b) Disposition of scrubber oil, skim hydrocarbons, and identifiable liquid hydrocarbon volumes.(1) Scrubber oil. Any scrubber oil that has not been returned to a producing property by the end of a monthly report period shall be reported by the operator of the gas plant on the monthly plant report, Form R-3 (Monthly Report for Gas Processing Plants). The unidentifiable liquid hydrocarbons recovered and reported on Form R-3 may be disposed of at the point of accumulation. The accepted Form R-3 shall be the authority for the movement of the hydrocarbons to beneficial disposition.(2) Skim hydrocarbons.(A) All unidentifiable liquid hydrocarbons recovered by a single operator or multiple operator produced water disposal system shall be reported on the Form P-18 (Skim Oil/Condensate Report) for each reporting period.(B) The unidentifiable liquid hydrocarbons recovered and reported on Form P-18 may be disposed of at the point of accumulation. The accepted Form P-18 shall be the authority for the movement of the hydrocarbons to beneficial disposition.(C) Unidentifiable liquid hydrocarbons recovered by a single operator produced water disposal system shall be allocated to each producing property in the proportion that the volume of water received from the producing property bears to the total volume of water received by the system during a reporting period.(D) Unidentifiable liquid hydrocarbons recovered by a multiple operator produced water disposal system in excess of a tolerance ratio of one barrel of liquid hydrocarbons for each 2,000 barrels of produced water received shall be allocated to each producing property in the proportion that the volume of water received from the producing property bears to the total volume of water received by the system during a reporting period. The produced water disposal system operator shall notify the operator of each producing property of any allocations to that property by furnishing a copy of the allocations as shown on Form P-18 (Skim Oil/Condensate Report).(E) The operator of each producing property shall report the volume of liquid hydrocarbons allocated to the producing property as production from the property on Form PR, Monthly Production Report. The volume allocated back shall be shown as skim oil or skim condensate on the form.(3) Identifiable liquid hydrocarbon volumes.(A) Identifiable liquid hydrocarbon volumes returned to the producing property during the reporting period in which the volume is received at the gas plant/produced water disposal facility shall not be reported to the Commission by the gas plant/facility operator. The gas plant/produced water disposal facility operator shall notify the appropriate Commission district office by telephone prior to the return of such volumes. The movement of these volumes back to the producing property shall comply with §3.85 of this title (relating to Manifest to Accompany Each Transport of Liquid Hydrocarbons by Vehicle), commonly referred to as Statewide Rule 85.(B) Identifiable volumes not returned to the producing property shall be reported to the Commission and to the operator of the producing property on Form R-3 or Form P-18 as prescribed in paragraph (1) or (2) of this subsection. Volumes shall be specifically credited to the appropriate producing property. The operator of the producing property shall report the disposition of such identifiable volumes as either skim hydrocarbons or scrubber oil on the appropriate production report.", "sourceNote": "Source Note: The provisions of this §3.56 adopted to be effective January 10, 2000, 25 TexReg 80; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective January 30, 2007, 32 TexReg 287." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223578", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.57", "label": "Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133417", "queryAsDate": "03/11/2026" }, "ruleBody": "Effective July 1, 2025, the requirements of this section are incorporated in Chapter 4 of this title (relating to Environmental Protection), specifically Subchapter A (relating to Oil and Gas Waste Management).", "sourceNote": "Source Note: The provisions of this §3.57 adopted to be effective April 11, 1990, 15 TexReg 1693; amended to be effective June 1, 1998, 23 TexReg 5656; amended to be effective July 10, 2000, 25 TexReg 6487; amended to be effective September 1, 2004, 29 TexReg 8271; amended to be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133417", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.58", "label": "Certificate of Compliance and Transportation Authority; Operator Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223579", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certificate of Compliance and transportation authority.(1) Each operator who seeks to operate any well subject to the jurisdiction of the Commission shall file with the commission's Austin office a commission form P-4 (certificate of compliance and transportation authority) for each property on which the wells are located certifying that the operator has complied with Texas Natural Resources Code, Title 3; Texas Water Code, §26.131; and Texas Water Code, Chapter 27, and orders, rules, and regulations of the commission pursuant to Texas Natural Resources Code, Title 3; Texas Water Code, §26.131; and Texas Water Code, Chapter 27, in respect to the property. The Commission form P-4 establishes the operator of an oil lease, gas well, or other well; certifies responsibility for regulatory compliance, including plugging wells in accordance with §3.14 of this title (relating to plugging); and identifies gatherers, purchasers, and purchasers' commission-assigned system codes authorized for each well or lease. Operators shall file form P-4 for new oil leases, gas wells, or other wells; recompletions; reclassifications of wells from oil to gas or gas to oil; consolidation, unitization or subdivision of oil leases; or change of gatherer, gas purchaser, gas purchaser system code, operator, field name or lease name. When an operator files a form P-4, the oil and gas division shall review the form for completeness and accuracy. The Commission may require an operator who files a form P-4 for the purpose of changing the designation of an operator for a lease or well to provide to the Commission evidence that the transferee has the right to operate the lease or well. Except as otherwise authorized by the Commission, a transporter (whether the operator or someone else) shall not transport the oil, gas, or geothermal resources from such property until the Commission has approved the certificate of compliance and transportation authority. No certificate of compliance designating or changing the designation of an operator will be approved that is signed, either as transferor or transferee, by a non-employee agent of the organization unless the organization has filed with the commission, on its organization report, the name of the non-employee agent it has authorized to sign such certificates of compliance on its behalf.(2) An approved certificate of compliance and transportation authority shall bind the operator until another operator files a subsequent certificate and the Commission has approved the subsequent certificate and transferred the property on commission records to the subsequent operator.(3) The appropriate district office or the Austin office may grant temporary authority for an operator to use a transporter not authorized for a particular property in order to take care of production and prevent waste. The operator shall secure such temporary authority in writing from the appropriate district office or the Austin office before the oil or condensate is moved. In an emergency situation the operator may secure such temporary authority verbally but shall notify the district office in writing within 10 days after the oil or condensate is moved. An emergency situation exists when oil or condensate must be moved off a lease because it poses an imminent threat to the public health and safety, or when the threat of waste is imminent. The operator shall also furnish copies of such authorization or notification to the regular transporter and to the temporary transporter.(4) If an applicant wishes to assume operator status for a property, but is unable to obtain the signature of the previous operator on the certificate of compliance and transportation authority, the applicant shall file with the oil and gas division in Austin a completed form P-4 signed by a designated officer or agent of the applicant, along with an explanatory letter and legal documentation of the applicant's right to operate the property. Prior to approval of such an application, the office of the general counsel will notify the last known operator of record, if such operator's address is available, affording such operator an opportunity to protest.(b) Monthly production report (oil, natural gas and geothermal resources). For each calendar month, each operator who is a producer of crude oil, natural gas or geothermal resources shall file with the commission a report for each of the operator's producing properties. Operators shall file such reports on commission Form PR, Monthly Production Report, or commission Form GT-2 (producer's monthly report of geothermal wells). These commission forms report monthly production and disposition of oil and condensate, and casinghead gas and gas well gas (Form PR) and geothermal resources (Form GT-2). On or before the last day of the month subsequent to the period of the report, the operator shall file the original form with the Austin office, and one copy with the transporter taking the oil, gas or geothermal resources from the property if requested by the transporter.(c) Recovered load oil.(1) The operator of each lease from which load oil is recovered shall file the original and one copy of commission form P-3 (authority to transport recovered load or frac oil) with the district office, and another copy with the transporter prior to running the load oil. Form P-3 requires a producer to report the quantity of recovered load or frac oil to be transported from a particular lease and to identify the transporter. The form P-3 (authority to transport recovered load or frac oil) filed by the operator shall be the authority for the transporter to run the quantity of recovered load or frac oil stated in the form.(2) The provisions of this subsection apply only to oil that has been obtained from a source other than the lease on which it is used. \"Recovered load oil or frac oil,\" as that term is used herein, is any oil or liquid hydrocarbons used in any operation in an oil or gas well, and which has been recovered as a merchantable product.(d) Subdivision and consolidation of oil leases.(1) An operator seeking to subdivide or consolidate existing oil leases shall file and obtain approval of a commission form P-4 (certificate of compliance and transportation authority) and a commission form P-6 (request for permission to subdivide or consolidate oil lease(s)). Form P-6 identifies the leases to be subdivided or consolidated as well as the resulting leases. Two plats shall be filed with form P-6, one showing the boundaries of the lease(s) before and one showing the boundaries of the lease(s) after the subdivision or consolidation.(2) An operator seeking to subdivide an existing oil lease that it operates or to assume operatorship of fewer than all of the wells on an oil lease shall file and obtain approval of a commission form P-4 (certificate of compliance and transportation authority) and a commission form P-6 (request for permission to subdivide or consolidate oil lease(s)). A request to subdivide an oil lease may be approved administratively if the commission staff determines that approval of the request will not cause waste, harm correlative rights, or result in the circumvention of commission rules.(3) An operator seeking to consolidate two or more existing oil leases that it operates shall file and obtain approval of a commission form P-4 (certificate of compliance and transportation authority) and a commission form P-6 (request for permission to subdivide or consolidate oil lease(s)). A request to consolidate two or more oil leases may be approved administratively if the commission staff determines that approval of the request will not cause waste, harm correlative rights, or result in the circumvention of commission rules and:(A) the mineral and royalty ownership of the leases proposed for consolidation is identical in all respects;(B) the operator has obtained a surface commingling exception permit pursuant to §3.26 of this title (relating to separating devices, tanks, and surface commingling of oil) that authorizes commingling of production from all of the leases proposed for consolidation; or(C) the operator has filed and obtained approval of a valid commission form P-12 (certificate of pooling authority) authorizing pooling of all of the leases proposed for consolidation.", "sourceNote": "Source Note: The provisions of this §3.58 adopted to be effective January 1, 1976; amended to be effective February 23, 1979, 4 TexReg 436; amended to be effective May 9, 1988, 13 TexReg 2026; amended to be effective May 22, 2000, 25 TexReg 4512; amended to be effective May 12, 2002, 27 TexReg 3756; amended to be effective January 30, 2007, 32 TexReg 287; amended to be effective November 26, 2007, 32 TexReg 8452." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223579", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.59", "label": "Oil and Gas Transporter's Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223580", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. The commission may, from time to time, require oil and gas pipeline companies to make reports to the commission showing wells connected with their lines during any month, the amount of production taken therefrom, names of parties from whom oil and gas are purchased, and the amount of oil or gas purchased therefrom.(b) Daily report. The commission may, in case of overproduction or for any other reason which it deems urgent, require oil and gas pipe line companies to furnish daily reports of the amount of oil or gas purchased or taken from different wells or parties.(c) Weekly stock report. Rescinded by Order Number 20-57,970, effective 11-16-67.(d) Monthly transportation and storage report.(1) Each gatherer, transporter, storer, and/or handler of crude oil or products, or both, shall file with the commission on or before the last day of each calendar month a report showing the required information concerning the transportation operations of such gatherer, transporter, or storer for the next preceding month. Such form is incorporated in and made a part of this section.(2) The original of the report, covering all of the operations of the gatherer, transporter, storer, and/or handler of crude oil or products, or both, shall be filed in the Austin office of the commission. One copy of the report shall be filed in each district office in which the gatherer, transporter, storer, and/or handler of crude oil or products, or both, operates, but may include only the information pertaining to the operations in that district in which it is filed.(3) The written instructions appearing on said form are incorporated in and made a part of this section, and all of the data and information on the form shall be reported and arranged on the form as required by the form.(4) No gatherer, transporter, storer, and/or handler of crude oil shall remove crude oil from any property unless such property is identified by a sign posted in compliance with §3.3(3) of this title (relating to Identification of Properties, Wells, and Tanks).(5) The provisions of this section shall not apply to the operator of any refinery, processing plant, blending plant, or treating plant to which §3.60 of this title (relating to Refinery Reports) applies if the operator has filed the required form.(e) Annual report.(1) Each common carrier pipeline shall make and file with the commission, at its Austin office, an annual report for each calendar year. The report must show the names of the officers, directors, and stockholders, and the residence of each; the amount of capital stock and bonded indebtedness outstanding; the results of financial operations; the sources of revenue; and the expenditures, assets and liabilities, and statistical data of oil transported; and such other information as may be deemed pertinent by the commission concerning the carrier's transactions in the performance of services under its charter provisions relative to the transportation of crude petroleum in the State of Texas.(2) The annual report must be made to the commission on the form prescribed and furnished by the commission; and must be returned complete, under oath, within 30 days after the receipt of the forms from the commission.(3) For all purposes applicable under these rules and regulations the \"Classification of Investment for Pipe Lines, Pipe Line Operating Revenues, and Pipe Line Operating Expenses\" prescribed by the Interstate Commerce Commission and effective on January 1, 1915, is adopted and made a part of these rules for the use of all common carrier pipelines subject to the provisions of that act of the legislature, being Chapter 30 of the Regular Session of the 35th Legislature, State of Texas.", "sourceNote": "Source Note: The provisions of this §3.59 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223580", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.60", "label": "Refinery Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223581", "queryAsDate": "03/11/2026" }, "ruleBody": "On or before the 15th day of each calendar month, the operator of each refinery, processing plant, blending plant or treating plant, and/or other plant situated within the state that processes or manufactures a product, except those gas processing plants for which another form is required by §3.54(a) of this title (relating to Gas Reports Required), shall file with the commission a report covering the operations of the refinery or plant during the preceding month. The report must contain the data and information required to be reported on the form.", "sourceNote": "Source Note: The provisions of this §3.60 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223581", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.61", "label": "Refinery and Gasoline Plants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223582", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The operator of each refinery in the state shall use tanks for measuring the crude oil and products taken into the refinery and the finished products of the refinery.(b) No refinery or gasoline plant shall be operated without a certificate of compliance on a form supplied by the commission and approved by it, which shall be in effect for a period of 12 months, but may be renewed for one or more additional 12-month period. The operator must equip the plant with tanks and proper metering facilities.(c) Measuring facilities for the accurate measurement of the volume of each type of gas taken into a natural gasoline plant shall be installed and used by the operator of the gasoline plant. Meters must be provided and used for measuring separately the dry sweet natural gas, the dry sour natural gas, casinghead gas, and refinery vapors taken into each plant. Accurate meters must be installed and used in each gasoline plant in which is processed dry gas (as distinguished from casinghead gas) so that all disposals of residue gas from such natural gasoline plant are accurately accounted for. Adequate devices should likewise be installed and used in each gasoline plant at which casinghead gas exclusively, or casinghead gas and refinery vapors only are processed, for the purpose of making approximate estimates of the volume of residue gas produced from such plant; such devices may consist either of meters, pilot tubes, pressure recording gauges, or manometers, through which measurements may be made from which reasonably accurate estimates of volume can be made.(d) Measuring natural gasoline.(1) Adequate tanks or meters of standard or approved types must be provided for measuring accurately all finished products of natural gasoline plants.(2) The operator of each natural gasoline plant shall meter separately the volume of dry sweet natural gas, dry sour natural gas, casinghead gas, and refinery vapors that are taken into each natural gasoline plant.(3) The operator of each natural gasoline plant in which dry natural gas (as distinguished from casinghead gas) is processed shall use metering facilities so that all disposition of residue gas from such natural gasoline plants are accurately accounted for. The operator of each natural gasoline plant in which casinghead gas exclusively, or casinghead gas and refinery vapors only, are processed shall install and use measuring devices, consisting either of meters, pitot tubes, pressure recording gauges, or manometers, with which measurements may be made of the residue gas disposition from the plant.(4) The operator of each natural gasoline plant shall provide and use tanks or meters of standard or approved type for measuring each finished product of the plant.", "sourceNote": "Source Note: The provisions of this §3.61 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223582", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.62", "label": "Cycling Plant Control and Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223583", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The operator of each cycling plant shall use tanks for measuring the crude oil, condensate, or other liquid hydrocarbons taken into or extracted by the cycling plant.(b) The operator of each cycling plant shall meter the following separately:(1) all gas taken into the plant from statutory gas wells;(2) all casinghead gas taken into the cycling plant;(3) all gas used for plant fuel;(4) all gas taken by pipe lines or for domestic or commercial uses;(5) all gas, including flash vapors, vented directly or indirectly to the air.(c) Gas used for lifting water by jetting, or used in turbines and subsequently vented to the air or burned in a flare, shall be accurately metered and reported by the operator as vented on the appropriate form.(d) No cycling plant shall be permitted to vent any gas taken into the plant from statutory gas wells; however, the venting of a volume of flash vapors not to exceed 2.0% of the volume of gas taken into said plant shall be considered to be compliance.(e) No gas shall be used for plant operation that is not burned in boilers, heaters, or internal combustion engines in a reasonably efficient manner, and no raw gas or residue gas shall be used for plant fuel if any flash vapors are being vented or flared.(f) No cycling plant shall be operated without a certificate of compliance. The appropriate form submitted to the commission and approved by it shall be in effect for a period of 12 months, but may be renewed for one or more periods of 12 months. The certificate of compliance shall be revoked if an inspection reveals noncompliance.", "sourceNote": "Source Note: The provisions of this §3.62 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223583", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.63", "label": "Carbon Black Plant Permits Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210851", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each operator of a carbon black plant shall make application for a permit to operate the plant, using the appropriate form.(b) No person shall operate a plant for the burning of natural gas in the manufacture of carbon black without a permit authorizing the operation of the plant.(c) Each 12 months the commission, on application, may grant a permit to each of the operators of carbon black plants for a period of 12 months.", "sourceNote": "Source Note: The provisions of this §3.63 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210851", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.65", "label": "Critical Designation of Natural Gas Infrastructure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210162", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) In this section, the term \"energy emergency\" means any event that results in firm load shed or has the potential to result in firm load shed required by the reliability coordinator of a power region in Texas. An event that has the \"potential to result in firm load shed\" is when the reliability coordinator of a power region in Texas has issued an Energy Emergency Alert Level 1 or 2.(2) In this section, the term \"critical customer information\" means the information required on Commission Form CI-D and any attachments.(3) In this section, \"any volume of gas indicated in Mcf/day\" means the average daily production from the well's six most recently filed monthly production reports. Wells without six months of production reports shall average the production from the well's production reports on file with the Commission or use the production volume from the well's initial potential test or deliverability test if the well has not yet filed a production report.(4) In this section, the term \"electricity supply chain map\" means the electricity supply chain map produced by the Texas Electricity Supply Chain Security and Mapping Committee.(5) In this section, the term \"Director\" means the Director of the Critical Infrastructure Division or the director's delegate.(6) In this section, the term \"EOR project\" means an enhanced oil recovery project as defined in §3.50(c)(6) of this title (relating to Enhanced Oil Recovery Projects-Approval and Certification for Tax Incentive) with at least one injection well permitted under §3.46 of this title (relating to Fluid Injection into Productive Reservoirs) whether or not the project has received Commission approval or certification under §3.50 of this title.(b) Critical designation criteria. The following facilities are designated critical during an energy emergency:(1) Critical Gas Supplier. The following facilities are designated a critical gas supplier:(A) gas wells producing gas in excess of 250 Mcf/day;(B) oil leases producing casinghead gas in excess of 500 Mcf/day, except for EOR projects provided the EOR project consumes more energy than it produces calculated by comparing the amount of electricity used to the amount of gas produced both in Million British Thermal Units (MMBTU);(C) gas processing plants;(D) natural gas pipelines and pipeline facilities including associated compressor stations and control centers;(E) local distribution company pipelines and pipeline facilities including associated compressor stations and control centers;(F) underground natural gas storage facilities;(G) natural gas liquids transportation and storage facilities; and(H) saltwater disposal facilities including saltwater disposal pipelines.(2) Critical Customer. A critical customer is a critical gas supplier that requires electricity delivered by an electric entity to operate. A critical customer is required to provide critical customer information pursuant to subsection (f) of this section to the electric entities described in §25.52(h) of this title (relating to Reliability and Continuity of Service) and Texas Utilities Code §38.074(b)(1) so that those electric entities may prioritize the facilities in accordance with Texas Utilities Code §38.074(b)(2) and (b)(3). Priority for load shed purposes during an energy emergency is described by §25.52(h)(2) of this title and any guidance issued thereunder by the Public Utility Commission.(c) Request for critical designation if not designated critical in subsection (b) of this section. A facility that is not designated critical under subsection (b) of this section may write to the Commission to apply to be designated critical if the facility's operation is required in order for another facility designated critical to operate. The applicant shall include objective evidence that the facility's operation is required for another facility designated critical in subsection (b) of this section to operate. The director will review the application and if the application is approved, the facility shall submit Form CI-D. If the request is denied, the applicant may request a hearing.(d) Acknowledgment of critical status. Except as provided by subsection (e) of this section, an operator of a facility designated as critical under subsection (b) or (c) of this section shall acknowledge the facility's critical status by filing Form CI-D as provided in this subsection. In the year 2022, the Form CI-D acknowledgment shall be filed bi-annually by January 15, 2022, and either September 1, 2022, or 30 days from the date the map is produced by the Texas Electricity Supply Chain Security and Mapping Committee, whichever is later. Beginning in 2023, the Form CI-D acknowledgment shall be filed bi-annually by March 1 and September 1 of each year.(e) Critical designation exception.(1) A facility listed in subsection (b) of this section that is not included on the electricity supply chain map produced by the Texas Electricity Supply Chain Security and Mapping Committee may apply for an exception. An applicant shall demonstrate with objective evidence a reasonable basis and justification in support of the application. The Director of the Critical Infrastructure Division will administratively approve or deny a request for an exception. If the request is denied, the Division will notify the applicant and the applicant may request a hearing to challenge the denial. The party requesting the hearing shall have the burden of proof.(2) Examples of a reasonable basis and justification for which an exception may be granted include, but are not limited to, the following:(A) All of the natural gas produced at the facility is consumed on site;(B) All of the natural gas produced, processed, or delivered by the facility is consumed outside of this state;(C) The facility does not provide gas for third-party use;(D) For saltwater disposal facilities and saltwater disposal pipelines, the facility or pipeline does not support a facility designated critical in subsection (b)(1)(A)-(G) of this section; or(E) The electric entity delivering electricity to the facility has provided notice that the facility's request for critical designation status was rejected, denied, or otherwise disapproved by the electric utility; provided, however, that the electric utility communicated its determination in writing, and the decision was for reasons other than the lack of correct identifying information or other administrative reasons.(3) An applicant for exception shall submit a Form CI-X exception application that identifies each facility for which an exception is requested. The Form CI-X shall be accompanied by an exception application fee. The amount of the fee is $150 as established in Chapter 81, Texas Natural Resources Code.(A) In the year 2022, the Form CI-X exception application shall be filed bi-annually by January 15, 2022, and either September 1, 2022, or 30 days from the date the map is produced by the Texas Electricity Supply Chain Security and Mapping Committee, whichever is later. Beginning in 2023, the Form CI-X exception application shall be filed bi-annually by March 1 and September 1 of each year.(B) Once an operator has an approved Form CI-X on file with the Commission, the operator is not required to pay the $150 exception application fee when the operator updates the facilities identified on its Form CI-X.(f) Providing critical customer information. A critical customer shall provide the critical customer information to the electric entities described in §25.52 of this title and Texas Utilities Code §38.074(b)(1) unless the critical customer is granted an exception under subsection (e) of this section. The critical customer information shall be provided in accordance with §25.52 of this title. The operator shall certify on its Form CI-D that it has provided the critical customer information to its electric entity.(g) Confidentiality of information filed pursuant to this section. A person filing information with the Commission that the person contends is confidential by law shall notify the Commission on the applicable form. If the Commission receives a request under the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, for materials that have been designated confidential, the Commission will notify the filer of the request in accordance with the provisions of the PIA so that the filer can take action with the Office of the Attorney General to oppose release of the materials.(h) Exceptions not transferable. Exceptions are not transferable upon a change of operatorship. When a facility is transferred, both the transferor operator and the transferee operator shall ensure the transfer is reflected on each operator's Form CI-D or Form CI-X when the applicable form update is submitted in accordance with the bi-annual filing timelines in subsections (d) and (e) of this section. If the facility has an exception under subsection (e) of this section, the exception shall remain in effect until the next bi-annual filing deadline. If the transferee operator seeks to continue the exception beyond that time period, the transferee operator shall indicate the transferred facility on the Form CI-X pursuant to subsection (e) of this section.(i) Failure to file or provide required information. An operator who fails to comply with this section may be subject to penalties under §3.107 of this title (relating to Penalty Guidelines for Oil and Gas Violations).", "sourceNote": "Source Note: The provisions of this §3.65 adopted to be effective December 20, 2021, 46 TexReg 8688; amended to be effective November 21, 2022, 47 TexReg 7661." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210162", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.66", "label": "Weather Emergency Preparedness Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222535", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) In accordance with Texas Natural Resources Code §86.044, this section applies to a gas supply chain facility that is:(A) included on the electricity supply chain map created under Texas Utilities Code §38.203; and(B) designated as critical in §3.65 of this title, relating to Critical Designation of Natural Gas Infrastructure.(2) In accordance with Texas Utilities Code §121.2015, this section applies to a gas pipeline facility that:(A) directly serves a natural gas electric generation facility operating solely to provide power to the electric grid for the Electric Reliability Council of Texas (ERCOT) power region or for the ERCOT power region and an adjacent power region; and(B) is included on the electricity supply chain map created under Texas Utilities Code §38.203.(b) Definitions. In this section, the following definitions apply.(1) Critical component--Any component, including components on equipment rented or leased from a third party, that is susceptible to weather-related interruptions, such as those caused by freezing temperatures, freezing precipitation, or extreme heat, the occurrence of which is likely to significantly hinder sustained operation of the gas pipeline or gas supply chain facility.(2) Gas pipeline facility--A pipeline or pipeline facility regulated by the Commission under Texas Utilities Code Chapter 121.(3) Gas supply chain facility--A facility that is:(A) used for producing, treating, processing, pressurizing, storing, or transporting natural gas, as well as handling waste produced; (B) not primarily used to support liquefied natural gas pretreatment, liquefaction, or regasification facilities in the business of exporting or importing liquefied natural gas to or from foreign countries;(C) otherwise regulated by the Commission under Subtitle B of Title 3, Texas Natural Resources Code; and(D) not regulated by the Commission under Texas Utilities Code Chapter 121.(4) Major weather-related forced stoppage--A weather-related forced stoppage during a weather emergency that is the result of the deliberate disregard of this section or that results in:(A) a loss of production exceeding 5,000 Mcf of natural gas per day per oil lease;(B) a loss of production exceeding 5,000 Mcf of natural gas per day per gas well;(C) a loss of gas processing capacity exceeding 200 MMcf per day; (D) a loss of storage withdrawal capacity exceeding 200 MMcf per day; or(E) a loss of transportation capacity exceeding 200 MMcf per day.(5) Repeated weather-related forced stoppage--When a gas supply chain facility or a gas pipeline facility has more than one major weather-related forced stoppage or weather-related forced stoppage violation within a 12-month period.(6) Sustained operation--Safe operation of a gas supply chain facility or a gas pipeline facility such that the facility does not experience a major weather-related forced stoppage or weather-related forced stoppage in production, treating, processing, storage, or transportation of natural gas.(7) Weather emergency--Weather conditions such as freezing temperatures, freezing precipitation, or extreme heat in the facility's county or counties that result in an energy emergency as defined by §3.65 of this title. A weather emergency does not include weather conditions that cannot be reasonably mitigated such as tornadoes, floods, or hurricanes.(8) Weatherization--The iterative cycle of preparedness for sustained operation during weather emergencies that includes:(A) correcting critical component failures that occurred during previous weather emergencies; (B) installing equipment to mitigate weather-related operational risks; and(C) internal inspection, self-assessment, and implementation of processes to identify, test, and protect critical components.(9) Weather-related forced stoppage--An unanticipated and/or unplanned outage in the production, treating, processing, storage, or transportation of natural gas that is caused by weather conditions such as freezing temperatures, freezing precipitation, or extreme heat and occurs during a weather emergency.(c) Weather emergency preparedness standards for a gas supply chain facility or a gas pipeline facility.(1) By December 1st of each year, a gas supply chain facility operator or a gas pipeline facility operator shall implement weather emergency preparation measures intended to:(A) ensure the sustained operation of a gas supply chain facility or a gas pipeline facility during a weather emergency; and(B) correct known major weather-related forced stoppages and weather-related forced stoppages that prevented sustained operation of a facility because of previous weather emergencies.(2) Weather emergency preparation measures required by paragraph (1) of this subsection shall include:(A) providing training on weather emergency preparations and operations to relevant operational personnel;(B) consideration of the risk to the health and safety of employees and protection of the environment; and (C) weatherization of the facility using methods a reasonably prudent operator would take given the type of facility, the age of the facility, the facility's critical components, the facility's location, and weather data for the facility's county or counties such as data developed for the Commission by the state climatologist. The Commission will periodically publish weatherization practices and may include weather data developed for the Commission by the state climatologist. (d) Weather Emergency Readiness Attestation. By December 1 of each year, an operator of a gas supply chain facility or a gas pipeline facility shall submit to the Commission a Weather Emergency Readiness Attestation that:(1) is signed by an authorized representative of the operator entity attesting, under penalties prescribed in Texas Natural Resources Code §91.143, that:(A) the operator implemented the required weather emergency preparation measures described in subsection (c) of this section;(B) the information and statements made in the Weather Emergency Readiness Attestation are true, correct, and complete to the best of the attestor's knowledge;(C) the representative is authorized to sign the attestation on behalf of the operator entity; and(D) the Weather Emergency Readiness Attestation was prepared by the authorized representative or under the authorized representative's supervision and direction;(2) includes an attachment describing all activities engaged in by the operator to implement the requirements of subsection (c) of this section, including a description of the weatherization methods utilized by the operator to weatherize each type of facility; and (3) for the Weather Emergency Readiness Attestation due December 1, 2022, also describes corrective actions taken to mitigate known major weather-related forced stoppages and weather-related forced stoppages that prevented sustained operation of a facility because of previous weather emergencies.(e) Inspection of gas supply chain facilities and gas pipeline facilities. Beginning December 1, 2022, the Commission will inspect facilities to ensure compliance with this section and will prioritize inspections of oil leases and gas wells producing greater than 5,000 Mcf per day of natural gas and facilities storing, processing, or transporting greater than 200 MMcf per day of natural gas. The Commission will further prioritize inspections in descending order in accordance with a facility's production volume or storage, processing, or transportation capacity. (f) Notifications and other requirements for gas supply chain facilities and gas pipeline facilities.(1) An operator of a gas supply chain facility or a gas pipeline facility that experiences either of the following during a weather emergency shall notify the Commission immediately through the Critical Infrastructure Division's notification portal if the stoppage is not resolved within 24 hours of discovery of the stoppage:(A) a weather-related forced stoppage; or(B) a forced stoppage caused by a loss of electricity. (2) An operator of a gas supply chain facility or gas pipeline facility that experiences either of the following during a weather emergency shall, within one hour of discovery of the stoppage, contact the Commission through the Critical Infrastructure Division's 24-hour emergency telephone number. Subsequent to the phone call, the operator shall submit a notification through the Critical Infrastructure Division's notification portal:(A) a major weather-related forced stoppage; or(B) a forced stoppage caused by a loss of electricity that results in the same volume of loss in natural gas production, withdrawal capacity, processing capacity, or transportation capacity as a major weather-related forced stoppage. (3) The notification of the major weather-related forced stoppage or weather-related forced stoppage may include information such as any third-party issues that may have directly contributed to the stoppage, if applicable. (4) A gas supply chain facility or a gas pipeline facility that is determined to have experienced repeated weather-related forced stoppages or major weather-related forced stoppages in sustained operation during a weather emergency shall comply with this paragraph. Upon notice from the Commission that the facility is required to comply with this paragraph, the facility's operator shall contract with a person with related experience to assess the facility's weather emergency preparation measures, plans, procedures, and operations. The person with related experience shall not be an employee of the facility or its affiliate and shall not have participated in any assessments of the facility for at least the previous five years, unless the facility's operator can document that no other persons with related experience are reasonably available for engagement. Within the timeframe provided by the Commission, the operator shall submit to the Commission a written assessment prepared by the person and the facility operator's corrective action plan in compliance with the terms in the Commission's notice that the facility is required to comply with this paragraph.(g) Enforcement.(1) Violation of this section by a gas supply chain facility operator. If a major weather-related forced stoppage or weather-related forced stoppage was caused by a gas supply chain facility's failure to adhere to the requirements of this section, the facility's operator will be subject to an enforcement action. A gas supply chain facility operator will be given notice and opportunity for a hearing for alleged violations of this section. The notice will be sent by certified mail and state the facts or conduct alleged to comprise the violation. The notice will give the operator 30 days from receipt to request a hearing. Pursuant to Texas Natural Resources Code §86.044 and §§86.222-.224, if after notice and opportunity for a hearing, the Commission determines that an operator has violated this section and the violation is not remedied in a reasonable amount of time, the Commission shall notify the Office of the Attorney General of Texas of the violation in accordance with Texas Natural Resources Code §86.222. The table in this paragraph contains a classification system to be used under Texas Natural Resources Code §86.222 for violations of this section. The penalty for each violation may be up to $1,000,000.Attached Graphic(2) Violation of this section by a gas pipeline facility operator.(A) If a major weather-related forced stoppage or weather-related forced stoppage was caused by a gas pipeline facility's failure to adhere to the requirements of this section, the facility's operator will be subject to an enforcement action. A gas pipeline facility operator will be given notice and opportunity for a hearing for alleged violations of this section. The notice will be sent by certified mail and state the facts or conduct alleged to comprise the violation. The notice will give the operator 30 days from receipt to request a hearing. Pursuant to Texas Utilities Code §121.2015, if after notice and opportunity for a hearing, the Commission determines that an operator has violated this section and the violation is not remedied in a reasonable amount of time, the Commission shall report the violation to the Office of the Attorney General of Texas. Pursuant to Texas Utilities Code §121.206, the Commission shall assess an administrative penalty for a violation of this section, which may be up to $1,000,000 for each offense. Each day a violation continues constitutes a separate offense.(B) In accordance with Texas Utilities Code §121.206(d), the Commission will use the table in paragraph (1) of this subsection in assessing penalties for a violation of this section. The penalty amounts contained in the table in paragraph (1) of this subsection are provided solely as guidelines to be considered by the Commission in determining the amount of administrative penalties for violations of Texas Utilities Code, Chapter 121, Subchapter E, or a safety standard or other rule prescribed or adopted under that subchapter. The establishment of these penalty guidelines shall in no way limit the Commission's authority and discretion to cite violations and assess administrative penalties. The Commission retains full authority and discretion to cite violations of Texas Utilities Code, Chapter 121, Subchapter E, or a safety standard or other rule prescribed or adopted under that subchapter, and to assess administrative penalties in any amount up to the statutory maximum when warranted by the facts in any case, regardless of inclusion in or omission from this section. The penalty calculation worksheet shown in the table in paragraph (1) of this subsection lists the typical penalty amounts for certain violators, the circumstances justifying enhancements of a penalty, and the circumstances justifying a reduction in a penalty.(h) Confidentiality. If a gas supply chain facility operator or a gas pipeline facility operator filing information required by this section contends certain information is confidential by law, the operator shall file a complete version of the required information and a version for public inspection in which the confidential information has been redacted. If the Commission receives a request under the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, for materials that have been designated confidential, the Commission will notify the filer of the request in accordance with the provisions of the PIA so that the filer can take action with the Office of the Attorney General to oppose release of the materials.", "sourceNote": "Source Note: The provisions of this §3.66 adopted to be effective September 19, 2022, 47 TexReg 5781." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222535", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.70", "label": "Pipeline Permits Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "103841", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each operator of a pipeline or gathering system, other than an operator excluded under §8.1(b)(4) of this title (relating to General Applicability and Standards), subject to the jurisdiction of the Commission, shall obtain a pipeline permit, to be renewed annually, from the Commission as provided in this rule. Production or flow lines that are subject to §8.1(a)(1)(B) and (D) of this title must comply with this section. All other production or flow lines as defined in this subsection are exempt from complying with this section. A production or flow line is piping used for production operations that generally occur upstream of gathering or other pipeline facilities. For the purposes of this subsection, piping used in \"production operations\" means piping used for production and preparation for transportation or delivery of hydrocarbon gas and/or liquids, and includes the following processes:(1) extraction and recovery, lifting, stabilization, treatment, separation, production processing, storage, and measurement; and(2) associated production compression, gas lift, gas injection, or fuel gas supply.(b) To obtain a new pipeline permit or to amend a permit because of a change of classification, an operator shall file an application for a pipeline permit on the Commission's online permitting system. The operator shall include or attach the following documentation and information:(1) the contact information for the individual who can respond to any questions concerning the pipeline's construction, operation or maintenance;(2) the requested classification and purpose of the pipeline or pipeline system as a common carrier, a gas utility or a private line;(3) a sworn statement from the pipeline applicant providing the operator's factual basis supporting the classification and purpose being sought for the pipeline, including, if applicable, an attestation to the applicant's knowledge of the eminent domain provisions in Texas Property Code, Chapter 21, and the Texas Landowner's Bill of Rights as published by the Office of the Attorney General of Texas;(4) documentation to provide support for the classification and purpose being sought for the pipeline, if applicable; and(5) any other information requested by the Commission.(c) To renew an existing permit, to amend an existing permit for any reason other than a change in classification, or to cancel an existing permit, an operator shall file an application for a pipeline permit on the Commission's online filing system. The operator shall include or attach:(1) the contact information for the individual who can respond to any questions concerning the pipeline's construction, operation, or maintenance; change in operator or ownership; or other change including operator cessation of pipeline operation;(2) a statement from the pipeline operator confirming the current classification and purpose of the pipeline or pipeline system as a common carrier, a gas utility or a private line, if applicable; and(3) any other information requested by the Commission.(d) Upon receipt of a complete permit application, the Commission has 30 calendar days to issue, amend, or deny the pipeline permit as filed. If the Commission determines that the application is incomplete, the Commission shall promptly notify the applicant of the deficiencies and specify the additional information necessary to complete the application. Upon receipt of a revised application, the Commission has 30 calendar days to determine if the application is complete and issue, amend, or deny the pipeline permit as filed.(e) If the Commission is satisfied from the application and the documentation and information provided in support thereof, and its own review, that the proposed line is or will be laid, equipped, managed and operated in accordance with the laws of the state and the rules and regulations of the Commission, the permit may be granted. The pipeline permit, if granted, shall classify the pipeline as a common carrier, a gas utility, or a private pipeline based upon the information and documentation submitted by the applicant and the Commission's review of the application.(f) This rule applies to applications made for new pipeline permits and to amendments, renewals, and cancellations of existing pipeline permits. The classification of a pipeline under this rule applies to extensions, replacements, and relocations of that pipeline.(g) The Commission may delegate the authority to administratively issue pipeline permits.(h) The pipeline permit, if granted, shall be revocable at any time after a hearing, held after 10 days' notice, if the Commission finds that the pipeline is not being operated in accordance with the laws of the state and the rules and regulations of the Commission including if the permit is not renewed annually as required in subsection (a) of this section.(i) Each pipeline operator shall pay an annual fee based on the pipeline operator's permitted mileage of pipeline not later than April 1 of each year.(1) For purposes of calculating the mileage fee, the Commission will categorize pipelines into two groups.(A) Group A includes transmission and gathering pipelines that are required by Commission rules to have a valid T-4 permit to operate and are subject to the regulations in 49 CFR Parts 192 and 195, such as natural gas transmission and storage pipelines, natural gas gathering pipelines defined as Type A, Type B, or Type C in 49 CFR §192.8, hazardous liquids transmission and storage pipelines, regulated rural hazardous liquids gathering pipelines under 49 CFR §195.11, and hazardous liquid low-stress rural pipelines under 49 CFR §195.12.(B) Group B includes pipelines that are required by Commission rules to have a valid T-4 permit to operate but are only subject to the reporting requirements in 49 CFR Parts 191 and 195 such as Type R gathering pipelines as defined in 49 CFR §192.8, and reporting-regulated-only gathering lines as defined in 49 CFR §195.15.(2) An operator of a Group A pipeline shall pay an annual fee of $20 per mile of pipeline based on the number of miles permitted to that operator as of December 31 of each year.(3) An operator of a Group B pipeline shall pay an annual fee of $10 per mile of pipeline based on the number of miles permitted to that operator as of December 31 of each year.(4) Any pipeline distance that is a fraction of a mile will be considered as one mile and will be assessed a $20 or $10 fee, as appropriate.(5) Fees due to the Commission for mileage transferred from one operator to another operator pursuant to subsection (o) of this section will be captured in the next mileage fee to be calculated on the following December 31 and paid by the new operator.(j) Each pipeline operator shall pay a $500 permit processing fee for each new permit application and permit renewal. Each operator shall file the annual renewals as follows:(1) Companies with names beginning with letters A through C shall file in February;(2) Companies with names beginning with letters D through E shall file in March;(3) Companies with names beginning with letters F through L shall file in April;(4) Companies with names beginning with letters M through P shall file in May;(5) Companies with names beginning with letters Q through T shall file in June; and(6) Companies with names beginning with letters U through Z and companies with names beginning with numerical values or other symbols shall file in July.(k) Each operator shall comply with the following:(1) If a permit is transferred, in the Commission fiscal year of the transfer the acquiring operator shall renew that permit in its designated month pursuant to subsection (j) of this section. If the acquiring operator receives a transferred permit in a Commission fiscal year and its renewal month has already passed, the acquiring operator shall pay the renewal fee upon transfer.(2) If an operator adds a new permit and pays the new permit fee, the operator is not required to pay the renewal fee for that permit in the same Commission fiscal year.(3) If an operator adds a new permit after its renewal month has passed, the new permit shall be renewed the following Commission fiscal year in the operator's designated month pursuant to subsection (j) of this section.(l) A pipeline operator who fails to renew a permit on or before the renewal deadline which is the last day of the operator's required filing month as specified in subsection (j) of this section shall pay a late-filing fee as follows:(1) $250, if the renewal application is received within 30 calendar days after the renewal deadline date;(2) $500, if the renewal application is received more than 30 calendar days and no more than 60 calendar days after the renewal deadline date; and(3) $700, if the renewal application is received more than 60 calendar days after the renewal deadline date.(4) If the renewal application is not received within 90 calendar days of the renewal deadline date, the Commission may assess a penalty and/or revoke the operator's permit in accordance with subsection (h) of this section.(m) A pipeline operator with a total mileage of 50 miles or less of pipeline who fails to pay the annual mileage fee as specified in subsection (i) of this section shall pay a late-filing fee as follows:(1) $125, if the fee is received within 30 calendar days of April 1;(2) $250, if the fee is received more than 30 calendar days and no more than 60 calendar days after April 1; and(3) $350, if the fee is received more than 60 calendar days after April 1.(4) If the fee is not received within 90 calendar days of April 1, the Commission may assess a penalty and/or revoke the operator's permit in accordance with subsection (h) of this section.(n) A pipeline operator with a total mileage of more than 50 miles of pipeline who fails to pay the annual mileage fee shall pay a late-filing fee as follows:(1) $250, if the fee is received within 30 calendar days of August 31 for the initial year that the requirement is in effect and April 1 for each subsequent year;(2) $500, if the fee is received more than 30 calendar days and no more than 60 calendar days after August 31 for the initial year that the requirement is in effect and April 1 for each subsequent year; and(3) $700, if the fee is received more than 60 calendar days after August 31 for the initial year that the requirement is in effect and April 1 for each subsequent year.(4) If the fee is not received within 90 calendar days of August 31 for the initial year that the requirement is in effect or April 1 for each subsequent year, the Commission may assess a penalty and/or revoke the operator's permit in accordance with subsection (h) of this section.(o) A pipeline operator who has been issued a permit and is transferring the pipeline or a portion of the pipeline included on the permit to another operator shall file a notification of transfer with the Commission within 30 days following the transfer. The transferee and transferor operators shall file a fully executed Form T-4B as a notification of transfer. The Commission may use a fully executed Form T-4B to remove the pipeline that is the subject of the transfer from the transferor operator and assign the mileage to the transferee operator for calculation of the annual mileage fee. The transferee operator shall amend its permit to include the pipeline or portion of the pipeline within 30 days following the Commission's approval of the transfer or the operator may be subject to a penalty for operating without a permit pursuant to subsection (p) of this section.(1) A transferee operator may file a Form T-4B signed only by the transferee operator as a notification of transfer with the Commission only upon presenting to the Commission for its review, concurrently with Form T-4B:(A) evidence that the transferee operator made a good faith effort to procure the transferor operator's signature; and(B) documentation establishing that the transferee operator has a legal right to operate the pipeline.(2) Prior to approving a single-signature Form T-4B filed pursuant to paragraph (1) of this subsection, the Commission shall issue notice to the transferor operator, providing the operator 15 days to contest the transfer and request a hearing. Upon receipt of a timely response requesting a hearing, the matter shall be referred to the Hearings Division for adjudication as a contested case.(p) A pipeline operator who operates a pipeline without a permit, with an expired permit, or who otherwise fails to comply with this section, may be assessed a penalty as prescribed in §8.135 of this title (relating to Penalty Guidelines for Pipeline Safety Violations).(q) Interstate pipelines are exempt from the fee requirements of this section.(r) Beginning December 9, 2024, operators shall comply with the following.(1) All gas permits shall be amended to include all gas gathering pipelines defined as Type A, Type B, Type C, or Type R in 49 CFR §192.8. The permit amendments shall be filed on the Commission's online permitting system by March 31, 2025. The amendment shapefile shall indicate each segment as Type A, Type B, Type C, or Type R, and include any other information requested by the Commission.(2) A gas permit will not be eligible for renewal if the permit has not been amended by March 31, 2025, in accordance with paragraph (1) of this subsection. If the gas permit does not have any gas gathering pipelines to be amended or added, the operator shall include with its 2025 renewal submission a statement on the submitted cover letter attesting to that fact. The Commission may request additional information as necessary to confirm the statement.", "sourceNote": "Source Note: The provisions of this §3.70 adopted to be effective August 25, 2003, 28 TexReg 6816; amended to be effective March 1, 2015, 39 TexReg 9969; amended to be effective June 25, 2018, 43 TexReg 4169; amended to be effective January 6, 2020, 45 TexReg 119; amended to be effective December 9, 2024, 49 TexReg 9958." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "103841", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.71", "label": "Pipeline Tariffs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "103842", "queryAsDate": "03/11/2026" }, "ruleBody": "Every person owning, operating, or managing any pipeline, or any part of any pipeline, for the gathering, receiving, loading, transporting, storing, or delivering of crude petroleum as a common carrier shall be subject to and governed by the following provisions. Common carriers specified in this section shall be referred to as \"pipelines,\" and the owners or shippers of crude petroleum by pipelines shall be referred to as \"shippers.\"(1) All marketable oil to be received for transportation. By the term \"marketable oil\" is meant any crude petroleum adapted for refining or fuel purposes, properly settled and containing not more than 2.0% of basic sediment, water, or other impurities above a point six inches below the pipeline connection with the tank. Pipelines shall receive for transportation all such \"marketable oil\" tendered; but no pipeline shall be required to receive for shipment from any one person an amount exceeding 3,000 barrels of petroleum in any one day; and, if the oil tendered for transportation differs materially in character from that usually produced in the field and being transported therefrom by the pipeline, then it shall be transported under such terms as the shipper and the owner of the pipeline may agree or the commission may require.(2) Basic sediment, how determined--temperature. In determining the amount of sediment, water, or other impurities, a pipeline is authorized to make a test of the oil offered for transportation from an average sample from each such tank, by the use of centrifugal machine, or by the use of any other appliance agreed upon by the pipeline and the shipper. The same method of ascertaining the amount of the sediment, water, or other impurities shall be used in the delivery as in the receipt of oil. A pipeline shall not be required to receive for transportation, nor shall consignee be required to accept as a delivery, any oil of a higher temperature than 90 degrees Fahrenheit, except that during the summer oil shall be received at any atmospheric temperature, and may be delivered at like temperature. Consignee shall have the same right to test the oil upon delivery at destination that the pipeline has to test before receiving from the shipper.(3) \"Barrel\" defined. For the purpose of these sections, a \"barrel\" of crude petroleum is declared to be 42 gallons of 231 cubic inches per gallon at 60 degrees Fahrenheit.(4) Oil involved in litigation, etc.--indemnity against loss. When any oil offered for transportation is involved in litigation, or the ownership is in dispute, or when the oil appears to be encumbered by lien or charge of any kind, the pipeline may require of shippers an indemnity bond to protect it against all loss.(5) Storage. Each pipeline shall provide, without additional charge, sufficient storage, such as is incident and necessary to the transportation of oil, including storage at destination or so near thereto as to be available for prompt delivery to destination point, for five days from the date of order of delivery at destination.(6) Identity of oil, maintenance of oil. A pipeline may deliver to consignee either the identical oil received for transportation, subject to such consequences of mixing with other oil as are incident to the usual pipeline transportation, or it may make delivery from its common stock at destination; provided, if this last be done, the delivery shall be of substantially like kind and market value.(7) Minimum quantity to be received. A pipeline shall not be required to receive less than one tank car-load of oil when oil is offered for loading into tank cars at destination of the pipeline. When oil is offered for transportation for other than tank car delivery, a pipeline shall not be required to receive less than 500 barrels.(8) Gathering charges. Tariffs to be filed by a pipeline shall specify separately the charges for gathering of the oil, for transportation, and for delivery.(9) Measuring, testing, and deductions (reference Special Order Number 20-63,098 effective June 18, 1973).(A) Except as provided in subparagraph (B) of this paragraph, all crude oil tendered to a pipeline shall be gauged and tested by a representative of the pipeline prior to its receipt by the pipeline. The shipper may be present or represented at the gauging or testing. Quantities shall be computed from correctly compiled tank tables showing 100% of the full capacity of the tanks.(B) As an alternative to the method of measurement provided in subparagraph (A) of this paragraph, crude oil and condensate may be measured and tested, before transfer of custody to the initial transporter, by:(i) lease automatic custody transfer (LACT) equipment, provided such equipment is installed and operated in accordance with the latest revision of American Petroleum Institute (API) Manual of Petroleum Measurement Standards, Chapter 6.1, or;(ii) any device or method, approved by the commission or its delegate, which yields accurate measurements of crude oil or condensate.(C) Adjustments to the quantities determined by the methods described in subparagraphs (A) or (B) of this paragraph shall be made for temperature from the nearest whole number degree to the basis of 60 degrees Fahrenheit and to the nearest 5/10 API degree gravity in accordance with the volume correction Tables 5A and 6A contained in API Standard 2540, American Society for Testing Materials 01250, Institute of Petroleum 200, first edition, August 1980. A pipeline may deduct the basic sediment, water, and other impurities as shown by the centrifugal or other test agreed upon by the shipper and pipeline; and 1.0% for evaporation and loss during transportation. The net balance shall be the quantity deliverable by the pipeline. In allowing the deductions, it is not the intention of the commission to affect any tax or royalty obligations imposed by the laws of Texas on any producer or shipper of crude oil.(D) A transfer of custody of crude between transporters is subject to measurement as agreed upon by the transporters.(10) Delivery and demurrage. Each pipeline shall transport oil with reasonable diligence, considering the quality of the oil, the distance of transportation, and other material elements, but at any time after receipt of a consignment of oil, upon 24 hours' notice to the consignee, may offer oil for delivery from its common stock at the point of destination, conformable to paragraph (6) of this section, at a rate not exceeding 10,000 barrels per day of 24 hours. Computation of time of storage (as provided for in paragraph (5) of this section) shall begin at the expiration of such notice. At the expiration of the time allowed in paragraph (5) of this section for storage at destination, a pipeline may assess a demurrage charge on oil offered for delivery and remaining undelivered, at a rate for the first 10 days of $.001 per barrel; and thereafter at a rate of $.0075 per barrel, for each day of 24 hours or fractional part thereof.(11) Unpaid charges, lien for and sale to cover. A pipeline shall have a lien on all oil to cover charges for transportation, including demurrage, and it may withhold delivery of oil until the charges are paid. If the charges shall remain unpaid for more than five days after notice of readiness to deliver, the pipeline may sell the oil at public auction at the general office of the pipeline on any day not a legal holiday. The date for the sale shall be not less than 48 hours after publication of notice in a daily newspaper of general circulation published in the city where the general office of the pipeline is located. The notice shall give the time and place of the sale, and the quantity of the oil to be sold. From the proceeds of the sale, the pipeline may deduct all charges lawfully accruing, including demurrage, and all expenses of the sale. The net balance shall be paid to the person lawfully entitled thereto.(12) Notice of claim. Notice of claims for loss, damage, or delay in connection with the shipment of oil must be made in writing to the pipeline within 91 days after the damage, loss, or delay occurred. If the claim is for failure to make delivery, the claim must be made within 91 days after a reasonable time for delivery has elapsed.(13) Telephone-telegraph line--shipper to use. If a pipeline maintains a private telegraph or telephone line, a shipper may use it without extra charge, for messages incident to shipments. However, a pipeline shall not be held liable for failure to deliver any messages away from its office or for delay in transmission or for interruption of service.(14) Contracts of transportation. When a consignment of oil is accepted, the pipeline shall give the shipper a run ticket, and shall give the shipper a statement that shows the amount of oil received for transportation, the points of origin and destination, corrections made for temperature, deductions made for impurities, and the rate for such transportation.(15) Shipper's tanks, etc.--inspection. When a shipment of oil has been offered for transportation the pipeline shall have the right to go upon the premises where the oil is produced or stored, and have access to any and all tanks or storage receptacles for the purpose of making any examination, inspection, or test authorized by this section.(16) Offers in excess of facilities. If oil is offered to any pipeline for transportation in excess of the amount that can be immediately transported, the transportation furnished by the pipeline shall be apportioned among all shippers in proportion to the amounts offered by each; but no offer for transportation shall be considered beyond the amount which the person requesting the shipment then has ready for shipment by the pipeline. The pipeline shall be considered as a shipper of oil produced or purchased by itself and held for shipment through its line, and its oil shall be entitled to participate in such apportionate.(17) Interchange of tonnage. Pipelines shall provide the necessary connections and facilities for the exchange of tonnage at every locality reached by two or more pipelines, when the commission finds that a necessity exists for connection, and under such regulations as said commission may determine in each case.(18) Receipt and delivery--necessary facilities for. Each pipeline shall install and maintain facilities for the receipt and delivery of marketable crude petroleum of shippers at any point on its line if the commission finds that a necessity exists therefor, and under regulations by the commission.(19) Reports of loss from fires, lightning, and leakage.(A) Each pipeline shall immediately notify the commission district office, electronically or by telephone, of each fire that occurs at any oil tank owned or controlled by the pipeline, or of any tank struck by lightning. Each pipeline shall in like manner report each break or leak in any of its tanks or pipelines from which more than five barrels escape. Each pipeline shall file the required information with the commission in accordance with the appropriate commission form within 30 days from the date of the spill or leak.(B) No risk of fire, storm, flood, or act of God, and no risk resulting from riots, insurrection, rebellion, war, or act of the public enemy, or from quarantine or authority of law or any order, requisition or necessity of the government of the United States in time of war, shall be borne by a pipeline, nor shall any liability accrue to it from any damage thereby occasioned. If loss of any crude oil from any such causes occurs after the oil has been received for transportation, and before it has been delivered to the consignee, the shipper shall bear a loss in such proportion as the amount of his shipment is to all of the oil held in transportation by the pipeline at the time of such loss, and the shipper shall be entitled to have delivered only such portion of his shipment as may remain after a deduction of his due proportion of such loss, but in such event the shipper shall be required to pay charges only on the quantity of oil delivered. This section shall not apply if the loss occurs because of negligence of the pipeline.(C) Common carrier pipelines shall mail (return receipt requested) or hand deliver to landowners (persons who have legal title to the property in question) and residents (persons whose mailing address is the property in question) of land upon which a spill or leak has occurred, all spill or leak reports required by the commission for that particular spill or leak within 30 days of filing the required reports with the commission. Registration with the commission by landowners and residents for the purpose of receiving spill or leak reports shall be required every five years, with renewal registration starting January 1, 1999. If a landowner or resident is not registered with the commission, the common carrier is not required to furnish such reports to the resident or landowner.(20) Printing and posting. Each pipeline shall have paragraphs (1)-(19) of this section printed on its tariff sheets, and shall post the printed sections in a prominent place in its various offices for the inspection of the shipping public. Each pipeline shall post and publish only such rules and regulations as may be adopted by the commission as general rules or such special rules as may be adopted for any particular field.(21) Immediately upon the publication of its tariffs, and each subsequent amendment thereof, each pipeline is requested to file one copy with the commission.(22) Records.(A) Each person operating crude oil gathering, transportation, or storage facilities in the state must maintain daily records of the quantities of all crude oil moved from each oil field in the state, and such records shall also show separately for each field to whom delivery is made, and the quantities so delivered.(B) The information contained in the records thus required to be kept must be reported to the commission by the gatherers, transporters, and handlers at such times and in such manner as may be required by the commission.", "sourceNote": "Source Note: The provisions of this §3.71 adopted to be effective August 25, 2003, 28 TexReg 6816." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "103842", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.72", "label": "Obtaining Pipeline Connections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224066", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A common carrier pipeline transporting crude oil in Texas, upon application for connection and offer of crude oil by a producer or persons owning unconnected lease batteries, shall connect such lease batteries in the following instances:(1) when such request is made for connection of lease batteries in the general area served by a common carrier, which is an affiliate or subsidiary of a common purchaser, as defined in the Texas Natural Resources Code, §111.081; and(2) within individual fields, when any common carrier possesses the only pipeline serving such field or common reservoir and request is made for connection of an unconnected lease battery in the field, provided, that for just cause a common carrier pipeline may apply for an exception. If proper application has been made for such connection and the common carrier pipeline refuses to connect the unconnected lease battery, a complaint for failure to connect may be filed with the commission by the person seeking the connection. The complaining person may allege discrimination or noncompliance with the provisions of this subsection or the appropriate section(s) of the Texas Natural Resources Code.(b) Whether the matter comes to the commission either as an application for exception by the pipeline or on a complaint for failure to connect, at least 10 days' notice shall be given to all interested parties, after which the hearing shall be held. At the hearing, the commission may require and consider, among other factors, evidence relating to ability of the pipeline carrier to transport the quality of oil, the market or lack of market for the proffered oil, and the period required to return the capital investment for the connection. It is not its intention to limit, nor does the commission herein limit, the consideration by it of any facts with respect to a claim of violation of, or of any facts that may constitute a cause of action for violation of, any of the provisions of Texas Natural Resources Code, §§11.001-11.136, whether enumerated in this section or not.", "sourceNote": "Source Note: The provisions of this §3.72 adopted to be effective August 25, 2003, 28 TexReg 6816." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224066", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.73", "label": "Pipeline Connection; Cancellation of Certificate of Compliance; Severance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79760&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "79760", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No pipeline or other carrier shall be connected with any well subject to the jurisdiction of the Commission until the operator of the well provides the pipeline or other carrier with a certificate from the Commission that the rules in this title have been complied with. This section shall not prevent a temporary connection with any well in order to take care of production and prevent waste until the operator has a reasonable time, not to exceed 30 days from the date of such connection, within which to obtain such certificate. For purposes of this section, the term \"Commission\" means the Railroad Commission of Texas, the Director of the Oil and Gas Division, or the Director's delegate.(b) No pipeline operator shall physically disconnect its facilities from or cease providing pipeline services to any well or lease without first obtaining:(1) written consent of the well or lease operator for the proposed disconnect or termination; or(2) written permission from the Commission. This section does not apply to temporary suspensions of service authorized under other rules in this title or attributable to maintenance, safety, or product quality issues.(c) If the pipeline operator is unable to obtain the written consent of the well or lease operator to physically disconnect from or cease providing service to the well or lease, or the well or lease operator objects to the proposed physical disconnect or termination of service, and the pipeline operator still desires to physically disconnect from or cease providing service to the well or lease, the pipeline operator shall file an application with the Commission requesting permission to physically disconnect its facilities from or cease providing service to the well or lease. An affected well or lease operator may object to physical disconnection or cessation of service and file a complaint with the Commission under this subsection.(1) The pipeline operator shall file its application with the Commission at least 30 days prior to the date on which the pipeline operator desires to make the physical disconnection or cease providing service. On the same date as the pipeline operator files its application with the Commission, the pipeline operator shall send a copy of the application to the operator of the well or lease affected by the application by certified mail, return receipt requested. The application shall identify the well operator and pipeline operator, identify each lease or well involved, and provide sufficient information to allow the Commission to make a determination pursuant to paragraph (4) of this subsection.(2) If the operator of the well or lease does not file with the Commission a written objection to the application within 28 days following the filing of the application, the Commission shall administratively approve or deny the application and shall notify the pipeline operator and the well or lease operator of the decision by certified mail, return receipt requested. Following such notification, either party shall have 21 days to file a written request for hearing. If neither party files a timely request for hearing, the administrative approval or denial shall be deemed final.(3) If either party files a timely request for hearing, the Commission shall refer the application to the Office of General Counsel docket services to be set for hearing within 60 days following the date of referral.(4) In determining whether or not to approve a request to physically disconnect from or cease providing service to a well or lease, the Commission may consider relevant factors, including but not limited to:(A) operational integrity of the pipeline facilities;(B) operational integrity of the equipment on the well or lease;(C) cost of continued operation of the physical connection or service;(D) risk to public safety, human health and the environment; (E) availability of alternative transportation;(F) protection of correlative rights; and(G) prevention of waste.(d) The Commission may shut in and seal any well, and cancel any certificate of compliance if it appears that the operator of a well has violated or is violating, in connection with the operation of the well, any statutes, rules in this title, permits, or orders of the Commission. Upon receipt of information that indicates operations are being conducted in violation of statutes, rules in this title, or a Commission permit or order, the Commission shall send a notice letter to the operator directing the operator to correct the violation. The letter shall state the facts or conduct alleged to warrant the shut-in and sealing of the well, and cancellation of the certificate of compliance. The letter shall give the operator an opportunity to show compliance with the statutes, rules in this title, or Commission permits or orders. The letter shall be sent by registered or certified mail, and shall indicate the time within which compliance shall be demonstrated or achieved. The time period allowed for the operator to achieve compliance shall not be less than 10 days from the date the notice letter is sent.(e) Within the time period set out in the notice letter, the operator shall either demonstrate compliance or correct the violation, and notify the Commission of its action.(f) If the violation is not corrected within the time period set out in the notice letter, the Commission may shut in and seal the well, and cancel the certificate of compliance.(g) If a certificate of compliance has been cancelled, the Commission may not issue a new certificate of compliance until the owner or operator of the property covered by the certificate of compliance submits to the Commission a reissuance fee as required by §3.78 of this title (relating to Fees and Financial Security Requirements) (Statewide Rule 78); and(1) the property covered by the certificate is brought into compliance with the statutes, rules in this title, and Commission permits and orders; or(2) the Commission determines that there are just and equitable grounds for reissuing the certificate.(h) Pursuant to Texas Natural Resources Code, §91.705, upon notice from the Commission to any operator of a pipeline or other carrier connected to any well subject to the jurisdiction of the Commission that the certificate of compliance applicable to the well has been canceled by the Commission, the operator of the pipeline or other carrier shall disconnect from or suspend service to the well and shall not reconnect to or resume service to that well until a new certificate of compliance has been issued by the Commission. Pursuant to Texas Natural Resources Code, §85.3855, failure to comply with this subsection may subject a person to a penalty of up to $10,000 per violation.(i) Pursuant to Texas Natural Resources Code, §91.706(a), upon notice from the Commission that a certificate of compliance as to any well has been canceled as provided in this section, the operator of such well shall not use that well for production, injection, or disposal until a new certificate of compliance with respect to the well has been issued by the Commission as provided in this section. Pursuant to Texas Natural Resources Code, §85.3855, failure to comply with this subsection may subject a person to a penalty of up to $10,000 per violation.(j) Pursuant to Texas Natural Resources Code, §91.706(b), if an operator uses or reports use of a well for production, injection, or disposal for which the operator's certificate of compliance has been canceled, the Commission may refuse to renew the operator's organization report required by Texas Natural Resources Code, §91.142, until the operator pays the fee required pursuant to §3.78(b)(8) of this title (relating to Fees and Financial Security Requirements) and the Commission issues the certificate of compliance required for that well.(k) The provisions of this section shall be cumulative of other Commission actions and procedures relating to violations of state statutes or Commission permits, rules, and orders, including the authority of the Commission to immediately shut in a well or lease, or to direct the operator to shut in a well or lease, when an emergency exists due to pollution or an imminent threat of harm to people or property.", "sourceNote": "Source Note: The provisions of this §3.73 adopted to be\r\neffective October 28, 2003, 28 TexReg 9241; amended to be effective\r\nSeptember 1, 2004, 29 TexReg 8271; amended to be effective November\r\n26, 2007, 32 TexReg 8452; amended to be effective February 18, 2025,\r\n50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79760&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "79760", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.76", "label": "Commission Approval of Plats for Mineral Development" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224067", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Minerals--Oil and/or gas.(2) Operations site--A surface area of two or more acres that an owner of a possessory mineral interest may use to explore for and produce minerals, which is located in whole or in part within a qualified subdivision, and designated on the subdivision plat.(3) Possessory mineral interest--A mineral interest that includes the right to use the land surface for exploration and production of minerals.(4) Qualified subdivision--A tract of land not more than 640 acres:(A) that is located in a county having a population in excess of 400,000, or in a county having a population in excess of 140,000 that borders a county having a population in excess of 400,000 or located on a barrier island;(B) that has been subdivided in a manner authorized by law by the surface owners for residential, commercial, or industrial use; and(C) that contains an operations site for each separate 80 acres within the 640-acre tract and provisions for road and pipeline easements to allow use of the operations sites.(5) Barrier island--An island bordering on the Gulf of Mexico and entirely surrounded by water.(b) As provided in subsections (e) and (f) of this section, the surface owners of a parcel of land may restrict use of the surface by the possessory mineral owners if the tract is a qualified subdivision and if a plat of the subdivision has been approved by the Railroad Commission after notice and hearing and filed with the clerk of the county in which the qualified subdivision is to be located.(c) An application for a hearing under this section must be made in writing and mailed or delivered to the director of the Oil and Gas Division. The application must include:(1) a jurisdictional statement setting out the facts stated in subsection (a)(4)(A) and (B) of this section;(2) a statement that the applicant has authority to represent and represents all surface owners of land contained in the proposed qualified subdivision;(3) the names and addresses of all owners of possessory mineral interests and all mineral lessors of land contained in the proposed qualified subdivision;(4) a plat of the proposed subdivision showing each proposed 80-acre tract with its operations site, road easements, and pipeline easements and a legible copy thereof no larger than 8 1/2 inches by 11 inches;(5) a concise description of mineral development in the area, including the number of oil and/or gas wells within 2.5 miles of the boundary of the proposed qualified subdivision and the depths at which each well is completed;(6) a list of all the Railroad Commission designated oil and/or gas fields, if any, which underlie the proposed qualified subdivision; including the spacing and density requirements. If no Railroad Commission designated fields underlie the qualified subdivision, the application should so state.(d) The Railroad Commission shall, on proper notice to the applicant and owners of possessory mineral interests and mineral lessors of land contained in the proposed qualified subdivision, hold a hearing on the application to determine the adequacy of the number and location of operations sites and road and pipeline easements. At the hearing on the application, evidence may be presented by the applicant and the owners of possessory mineral interests and mineral lessors. The applicant must carry the burden of proof. After considering the evidence, the commission may approve, reject, or amend the application to ensure that the mineral resources of the subdivision may be fully and effectively developed.(e) An owner of a possessory mineral interest within a Railroad Commission approved qualified subdivision may use only the surface contained in designated operations sites for exploration, development, and production of minerals and only the designated easements as necessary to adequately use the operations sites.(f) The owner of the possessory mineral interest may drill wells or extend well bores from an operations site or from a site outside of the qualified subdivision to bottomhole locations vertically beneath the surface of parts of the qualified subdivision other than the operation sites. Such drilling is subject to other applicable commission rules and regulations, and is permissible only to the extent that the operations do not unreasonably interfere with the use of the surface of the qualified subdivision outside the operations site.(g) Subsections (e) and (f) of this section cease to apply to a subdivision if, by the third anniversary of the date on which the order of the commission becomes final:(1) the surface owner has not commenced actual construction of roads or utilities within the qualified subdivision; and(2) a lot within the qualified subdivision has not been sold to a third party.(h) All or any portion of a qualified subdivision may be amended, replatted, or abandoned by the surface owner. An amendment or replat, however, may not alter, diminish, or impair the usefulness of an operations site or appurtenant road or pipeline easement unless the amendment or replat is approved by the commission. Railroad Commission approval of a replat or amendment may be administratively granted by the director of the Oil and Gas Division, or his delegate, upon submission of items required in subsection (c) of this section and after notice and opportunity for hearing has been afforded to all possessory mineral interest owners and mineral lessors of land contained within the original and/or replatted or amended qualified subdivision.", "sourceNote": "Source Note: The provisions of this §3.76 adopted to be effective July 10, 2000, 25 TexReg 6487." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224067", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.78", "label": "Fees and Financial Security Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157278", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Violation--Noncompliance with a Commission rule, order, license, permit, or certificate relating to safety or the prevention or control of pollution.(2) Outstanding violation--A violation for which:(A) either:(i) a Commission order finding a violation has been entered and all appeals have been exhausted; or(ii) an agreed order between the Commission and the organization relating to a violation has been entered; and(B) one or more of the following conditions still exist:(i) the conditions that constituted the violation have not been corrected;(ii) all administrative, civil, and criminal penalties, if any, relating to the violation of such Commission rules, orders, licenses, permits, or certificates have not been paid; or(iii) all reimbursements of any costs and expenses assessed by the Commission relating to the violation of such Commission rules, orders, licenses, permits, or certificates have not been paid.(3) Commercial facility--A facility whose owner or operator receives compensation from others for the storage, reclamation, treatment, or disposal of oil field fluids or oil and gas wastes that are wholly or partially trucked or hauled to the facility and whose primary business purpose is to provide these services for compensation if:(A) the facility is permitted under §3.8 of this title (relating to Water Protection);(B) the facility is permitted under §3.57 of this title (relating to Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials);(C) the facility is permitted under §3.9 of this title (relating to Disposal Wells) and a collecting pit permitted under §3.8 is located at the facility; or(D) the facility is permitted under §3.46 of this title (relating to Fluid Injection into Productive Reservoirs) and a collecting pit permitted under §3.8 is located at the facility.(4) Financial security--An individual performance bond, blanket performance bond, letter of credit, or cash deposit filed with the Commission.(5) Bay well--Any well under the jurisdiction of the Commission for which the surface location is either:(A) located in or on a lake, river, stream, canal, estuary, bayou, or other inland navigable waters of the state and which requires plugging by means other than conventional land-based methods, including, but not limited to, use of a barge, use of a boat, dredging, or building a causeway or other access road to bring in the necessary equipment to plug the well; or,(B) located on state lands seaward of the mean high tide line of the Gulf of Mexico in water of a depth at mean high tide of not more than 100 feet that is sheltered from the direct action of the open seas of the Gulf of Mexico.(6) Land well--Any well subject to Commission jurisdiction for which the surface location is not in or on inland or coastal waters.(7) Offshore well--Any well subject to Commission jurisdiction for which the surface location is on state lands in or on the Gulf of Mexico, that is not a bay well.(8) Officers and owners--Any persons owning or controlling an organization including officers, directors, general partners, sole proprietors, owners of more than 25% ownership interest, any trustee of an organization, and any person determined by a final judgment or final administrative order to have exercised control over the organization. (9) Letter of credit--An irrevocable letter of credit issued:(A) on a Commission-approved form;(B) by and drawn on a third party bank authorized under state or federal law to do business in Texas; and(C) renewed and continued in effect until the conditions of the letter of credit have been met or its release is approved by the Commission or its authorized delegate.(10) Bond--A surety instrument issued:(A) on a Commission-approved form;(B) by and drawn on a third party corporate surety authorized under state law to issue surety bonds in Texas; and(C) renewed and continued in effect until the conditions of the bond have been met or its release is approved by the Commission or its authorized delegate.(11) Well-specific plugging insurance policy--An insurance policy that:(A) is approved by the Texas Department of Insurance;(B) is issued by an insurer authorized under state law to issue a well-specific plugging insurance policy in Texas;(C) names the Commission as the owner and contingent beneficiary of the policy;(D) names a primary beneficiary who agrees to plug the specified well bore;(E) is fully prepaid and cannot be canceled or surrendered; (F) provides that the policy continues in effect until the well bore has been plugged as required by the Commission;(G) provides that benefits will be paid when, but not before, the specified well bore has been plugged; and(H) provides that benefits that will equal or exceed:(i) $2 per foot for each foot of well depth for land wells;(ii) $60,000 for bay wells; or(iii) $100,000 for offshore wells.(12) Director--The director of the Commission's Oil and Gas Division or the director's delegate.(13) Escrow funds--Funds deposited with the Commission as part of an application for a plugging extension for an inactive land well.(14) Groundwater protection determination letter--A letter of determination stating the total depth of surface casing required for a well in accordance with Texas Natural Resources Code, §91.011. (b) Filing fees. The following filing fees are required to be paid to the Railroad Commission.(1) With each application or materially amended application for a permit to drill, deepen, plug back, or reenter a well, the applicant shall submit to the Commission a nonrefundable fee of:(A) $200 if the proposed total depth of the well is 2,000 feet or less;(B) $225 if the proposed total depth of the well is greater than 2,000 feet but less than or equal to 4,000 feet;(C) $250 if the proposed total depth of the well is greater than 4,000 feet but less than or equal to 9,000 feet; or(D) $300 if the proposed total depth of the well is greater than 9,000 feet.(2) An application for a permit to drill, deepen, plug back, or reenter a well will be considered materially amended if the amendment is made for a purpose other than:(A) to add omitted required information;(B) to correct typographical errors; or(C) to correct clerical errors.(3) An applicant shall submit an additional nonrefundable fee of $150 when requesting that the Commission expedite the application for a permit to drill, deepen, plug back, or reenter a well.(4) With each individual application for an exception to any rule or rules in this chapter, the applicant shall submit to the Commission a nonrefundable fee of $150, except as provided in paragraph (5) of this subsection.(5) With each application for an exception to any rule or rules in this chapter that includes an exception to §3.37 of this title (relating to Statewide Spacing Rule) (Statewide Rule 37) or §3.38 of this title (relating to Well Densities) (Statewide Rule 38), the applicant shall submit a nonrefundable fee of $200.(6) With each application for an oil and gas waste disposal well permit, the applicant shall submit to the Commission a nonrefundable fee of $100 per well.(7) With each application for a fluid injection well permit, the applicant shall submit to the Commission a nonrefundable fee of $200 per well. Fluid injection well means any well used to inject fluid or gas into the ground in connection with the exploration or production of oil or gas other than an oil and gas waste disposal well.(8) If a certificate of compliance for a well or a lease has been canceled for violation of one or more Commission rules, the operator shall submit to the Commission a nonrefundable fee of $300 for each severance or seal order issued for the well or lease before the Commission may reissue the certificate pursuant to §3.58 of this title (relating to Certificate of Compliance and Transportation Authority; Operator Reports) (Statewide Rule 58).(9) With each application for issuance, renewal, or material amendment of an oil and gas waste hauler's permit, the applicant shall submit to the Commission a nonrefundable fee of $100.(10) With each Natural Gas Policy Act (15 United States Code §§3301-3432) application, the applicant shall submit to the Commission a nonrefundable fee of $150.(11) Hazardous waste generation fee. A person who generates hazardous oil and gas waste, as that term is defined in §3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste), shall pay to the Commission the fees specified in §3.98(z). (12) Inactive well extension fee.(A) For each well identified by an operator in an application for a plugging extension based on the filing of an abeyance of plugging report on Commission Form W-3X, the operator must pay to the Commission a non-refundable fee of $100.(B) For each well identified by an operator in an application for a plugging extension based on the filing of a fluid level or hydraulic pressure test that is not otherwise required to be filed by the Commission, the operator must pay to the Commission a non-refundable fee of $50.(13) Groundwater protection determination letters.(A) With each individual request for a groundwater protection determination letter, the applicant shall submit to the Commission a nonrefundable fee of $100.(B) With each individual application for an expedited letter of determination stating the total depth of surface casing required for a well in accordance with Texas Natural Resources Code, §91.0115(b), the applicant shall submit to the Commission a nonrefundable fee of $75, in addition to the fee required by subparagraph (A) of this paragraph. (14) An operator must make a check or money order for any of the aforementioned fees payable to the Railroad Commission of Texas. If the check accompanying an application is not honored upon presentment, the Commission or its delegate may suspend or revoke the permit issued on the basis of that application, the allowable assigned, the exception to a statewide rule granted on the basis of the application, the certificate of compliance reissued, or the Natural Gas Policy Act category determination made on the basis of the application. (15) If an operator submits a check that is not honored on presentment, the operator shall submit the payment in the form of a credit card, cashier's check, or cash.(c) Organization Report Fee. An organization report required by Texas Natural Resources Code, §91.142, shall be accompanied by a fee as follows:(1) for an operator of:(A) not more than 25 wells, $300;(B) more than 25 but not more than 100 wells, $500; or(C) more than 100 wells, $1,000;(2) for an operator of one or more natural gas pipelines, $225;(3) for an operator of one or more of the following service activities: pollution cleanup contractor; directional surveying; approved cementer for plugging wells; a cementer of casing strings or liners; or physically moving or storing crude or condensate, $300;(4) for an operator of one or more liquids pipelines, $625;(5) for an operator of all other service activities, or facilities, $500;(6) for an operator with multiple activities, a total fee equal to the sum of the separate fees applicable to each category of service activity, facility, pipeline, or number of wells operated shall be submitted, provided that the total fee for an operator of wells shall not exceed $1,125; and(7) for an entity not currently performing operations under the jurisdiction of the Commission, $300.(d) Financial security. Except for those operators exempted under subsection (g)(7) of this section, any person, including any firm, partnership, joint stock association, corporation, or other organization, required by Texas Natural Resources Code, §91.142, to file an organization report with the Commission must also file financial security in one of the following forms:(1) an individual performance bond;(2) a blanket performance bond; or(3) a letter of credit or cash deposit in the same amount as required for an individual performance bond or blanket performance bond.(e) Forms for financial security and insurance policies. Operators shall submit well-specific plugging insurance policies, bonds and letters of credit on forms prescribed by the Commission.(f) Filing deadlines for financial security and insurance policies. Operators shall submit required financial security or well-specific plugging insurance policies at the time of filing an initial organization report, as a condition of the issuance of a permit to drill, recomplete or reenter, upon yearly renewal, or as otherwise required under this section.(g) Amount of financial security. An operator required to file financial security under subsection (d) of this section shall file financial security described in this subsection.(1) Types and amounts of financial security required.(A) A person operating one or more wells may file an individual performance bond, letter of credit, or cash deposit in an amount equal to the sum of $2.00 for each foot of total well depth for each well operated, excluding any well bore included in a well-specific plugging insurance policy.(B) A person operating one or more wells may file a blanket bond, letter of credit, or cash deposit to cover all wells for which a bond, letter of credit, or cash deposit is required in an amount equal to the sum of the base amount determined by the total number of wells operated excluding any well bores and/or permits issued to drill, recomplete, or reenter wells included in a well-specific plugging insurance policy. A person performing multiple operations shall be required to file only one blanket bond, letter of credit, or cash deposit unless the person is operating a commercial facility, in which case the person also shall comply with the financial security requirements of subsection (l) of this section. The financial security amount shall be at least the base amount determined by the total number of wells operated or $25,000, whichever is greater. After excluding any well bores and/or permits issued to drill, recomplete or reenter wells included in a well-specific plugging insurance policy, the base amount is determined as follows:(i) The base amount for a person operating 10 or fewer wells or performs other operations shall be $25,000.(ii) The base amount for a person operating more than 10 but fewer than 100 wells shall be $50,000.(iii) The base amount for a person operating 100 or more wells shall be $250,000.(2) Additional financial security for bay wells.(A) All operators of bay wells shall file additional financial security of no less than $60,000 in addition to any other financial security that is required under this section for any other Commission-regulated activities.(B) For each bay well that is not currently producing oil or gas and has not produced oil or gas within the past 12 months, including injection and disposal wells, the operator shall file additional financial security of $60,000, unless the well bore is included in a well-specific plugging insurance policy that provides benefits of at least $60,000. An operator shall not be required to file additional financial security in addition to the $60,000 amount set under subparagraph (A) of this paragraph if the operator operates only a single inactive bay well.(C) In the case of a bay well that has been inactive for 12 consecutive months or longer and that is not used for disposal or injection, the well shall remain subject to the provisions of subparagraph (B) of this paragraph, regardless of any minimal activity, until the well has reported production of at least 10 barrels of oil for oil wells or 100 mcf of gas for gas wells each month for at least three consecutive months.(3) Additional financial security for offshore wells.(A) All operators of offshore wells and operators of both bay wells and offshore wells shall file additional financial security of no less than $100,000 in addition to any other financial security that is required under this section for any other Commission regulated activities.(B) For each offshore well that is not currently producing oil or gas and has not produced oil or gas within the past 12 months, including injection and disposal wells, the operator shall file an additional amount of financial security of $100,000, unless the well bore is included in a well-specific plugging insurance policy that provides benefits of at least $100,000. An operator shall not be required to file additional financial security in addition to the $100,000 amount set under subparagraph (A) of this paragraph if the operator operates only a single inactive offshore well.(C) In the case of an offshore well that has been inactive for 12 consecutive months or longer and that is not used for disposal or injection, the well shall remain classified as inactive for purposes of this section, regardless of any minimal activity, until the well has reported production of at least 10 barrels of oil for oil wells or 100 mcf of gas for gas wells each month for at least three consecutive months.(4) Reduction of the additional financial security that is required for bay and/or offshore wells. An operator may request a reduction of either the additional $60,000 in financial security required for all operators of bay wells, or the additional $100,000 in financial security required for all operators of offshore wells and operators of both bay wells and offshore wells.(A) The director may administratively approve the reduction if the operator provides documentation that it currently has acceptable financial assurance in place to satisfy any financial assurance requirements established by local authorities. The operator must show that the bond or other form of financial assurance can be called on by or assigned to the Commission under the following circumstances:(i) a well is likely to pollute or is polluting any ground or surface water or is allowing the uncontrolled escape of formation fluids from the strata in which they were originally located; or(ii) a well is not being maintained in compliance with Commission rules or state law relating to plugging or the prevention or control of pollution; or(iii) the operator has failed to renew and maintain an organization report filing as required by §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements) and this section.(B) If the director administratively denies a requested reduction, the operator may request a hearing to determine whether the reduction should be granted.(5) Reduction in additional financial security required for bay and/or offshore wells that are not actively producing oil and natural gas. An operator may request that Commission consider a reduction in any additional financial security requirement for the operation of bay and/or offshore wells that are not actively producing oil and natural gas or that are used for disposal or injection in an amount not to exceed the remainder of 25% of the operator's certified net worth based on the independently audited calculation for the most recently completed fiscal year minus the Commission's estimate of the operator's total plugging liability for all of the operator's active bay and/or offshore wells.(A) The director may administratively grant a full or partial reduction if the operator meets the following criteria:(i) the operator has either five or fewer bay and offshore wells or at least half of the operator's bay and offshore wells are actively producing oil and natural gas;(ii) the operator provides to the Commission certification of its net worth from an independent auditor that has employed generally accepted accounting principles to confirm the operator's stated net worth based on the most recently available and independently audited calculation;(iii) the reduction is less than or equal to the remainder of 25% of the operator's certified net worth minus the Commission's estimate of the operator's total plugging liability for all of the operator's active bay and offshore wells;(iv) none of the operator's wells or operations, including any land-based wells, have been found by Commission staff to be violating or to have violated any Commission rule that resulted in pollution or in any hazard to the health or safety of the public in the last 12 months.(B) If the director administratively denies the requested reduction, an operator may request a hearing to determine if a full or partial reduction should be granted.(C) The operator may also request a hearing to challenge the Commission's presumed estimate of the operator's plugging liability for bay and offshore wells as applied to any additional financial security required for any inactive bay and offshore wells. The operator shall present clear and convincing evidence that the estimated plugging liability is less than the amount estimated by the Commission. Notice of the hearing shall be provided by the Commission to the owners of the surface estate and the owners of the mineral estate for any well that is a subject of the requested hearing, and all other affected persons as identified by the operator or otherwise required by the Commission.(6) Persons with non-well operations not exempted under paragraph (7) of this subsection. A person performing other operations who is not an operator of wells and who is not a person whose only activity is as a first purchaser, survey company, gas nominator, gas purchaser or well plugger shall file financial security in the amount of $25,000.(7) Persons exempt from financial security requirements. No financial security is required of a person who is not an operator of wells if the person's only activity is as a first purchaser, survey company, salt water hauler, gas nominator, gas purchaser and/or well plugger.(8) Persons with both well and non-well operations. If a person is engaged in more than one activity or operation, including well operation, for which financial security is required, the person is not required to file financial security for each activity or operation in which the person is engaged. The person is required to file financial security only in the greatest amount required for any activity or operation in which the person engages. The financial security filed covers all of the activities and operations for which financial security is required. The provisions of this paragraph do not exempt a person from the financial security required under subsection (l) of this section.(9) Financial security amounts are the minimum amounts required by this section to be filed. A person may file a greater amount if desired.(h) Financial security conditions. Any bond, letter of credit, or cash deposit required under this section is subject to the conditions that the operator will plug and abandon all wells and control, abate, and clean up pollution associated with the oil and gas operations and activities covered under the required financial security in accordance with applicable state law and permits, rules, and orders of the Commission. This section does not apply to a well-specific plugging insurance policy.(i) Conditions for cash deposits and escrow funds. Operators must tender cash deposits and escrow funds in United States currency or certified cashiers check only. The Commission or its delegate will place all cash deposits and escrow funds in a special account within the Oil and Gas Regulation and Cleanup Fund account. The Commission or its delegate will deposit any interest accruing on cash deposits and escrow funds into the Oil and Gas Regulation and Cleanup Fund pursuant to Texas Natural Resources Code, §81.067. The Commission or its delegate may not refund a cash deposit until either financial security is accepted by the Commission or its delegate as provided for under this section or an operator ceases all activity. The Commission or its delegate may release escrow funds to the current operator of the well only if the well for which the operator tendered the escrow funds is either restored to active status or plugged in accordance with Commission rules. In the event that the well is plugged through the use of state funds, the Commission may collect from the escrow account in the amount necessary to reimburse the state for any expenditure. (j) Well or lease transfer.(1) The Commission shall not approve a transfer of operatorship submitted for any well or lease unless the operator acquiring the well or lease has on file with the Commission financial security in an amount sufficient to cover both its current operations and the wells or leases being transferred.(2) Any existing financial security covering the well or lease proposed for transfer shall remain in effect and the prior operator of the well remains responsible for compliance with all laws and Commission rules covering the transferred well until the Commission approves the transfer.(3) A transfer of a well or lease from one entity to another entity under common ownership is a transfer for the purposes of this section.(4) The Commission may approve a transfer of operatorship submitted for any well bore included in a well-specific plugging insurance policy if the transfer meets all other Commission requirements.(k) Reimbursement liability. Filing any form of financial security does not extinguish a person's liability for reimbursement for the expenditure of state oilfield clean-up funds pursuant to Texas Natural Resources Code, §89.083 and 91.113.(l) Financial security for commercial facilities. The provisions of this subsection shall apply to the holder of any permit for a commercial facility.(1) Application.(A) New permits. Any application for a new or amended commercial facility permit filed after the original effective date of this subsection shall include:(i) a written estimate of the maximum dollar amount necessary to close the facility prepared in accordance with the provisions of paragraph (4) of this subsection that shows all assumptions and calculations used to develop the estimate;(ii) a copy of the form of the bond or letter of credit that will be filed with the Commission; and(iii) information concerning the issuer of the bond or letter of credit as required under paragraph (5) of this subsection including the issuer's name and address and evidence of authority to issue bonds or letters of credit in Texas.(B) Existing permits. Within 180 days of the original effective date of this subsection, the holder of any commercial facility permit issued on or before the original effective date of this subsection shall file with the Commission the information specified in subparagraph (A)(i) - (iii) of this paragraph.(2) Notice and hearing.(A) New permits. For commercial facility permits issued after the original effective date of this subsection, the provisions of §3.8 or §3.57 of this title (relating to Water Protection; and Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials), as applicable, regarding notice and opportunity for hearing, shall apply to review and approval of financial security proposed to be filed to meet the requirements of this subsection.(B) Existing permits. Notice of filing of information required under paragraph (1)(B) of this subsection shall not be required. In the event approval of the financial security proposed to be filed for a commercial facility operating under a permit in effect as of the original effective date of this subsection is denied administratively, the applicant shall have the right to a hearing upon written request. After hearing, the examiner shall recommend a final action by the Commission.(3) Filing of instrument.(A) New permits. A commercial facility permitted after the original effective date of this subsection may not receive oil field fluids or oil and gas waste until a bond or letter of credit in an amount approved by the Commission or its delegate under this subsection and meeting the requirements of this subsection as to form and issuer has been filed with the Commission.(B) Existing permits. Except as otherwise provided in this subsection, after one year from the original effective date of this section, a commercial facility permitted on or before the original effective date of this subsection may not continue to receive oil field fluids or oil and gas waste unless a bond or letter of credit in an amount approved by the Commission or its delegate under this subsection and meeting the requirements of this subsection as to form and issuer has been filed with and approved by the Commission or its delegate.(C) Extensions for existing permits. On written request and for good cause shown, the Commission or its delegate may authorize a commercial facility permitted before the original effective date of this subsection to continue to receive oil field fluids or oil and gas waste after one year after the original effective date of this section even though financial security required under this subsection has not been filed. In the event the Commission or its delegate has not taken final action to approve or disapprove the amount of financial security proposed to be filed by the owner or operator under this subsection one year after the original effective date of the section, the period for filing financial security under this subsection is automatically extended to a date 45 days after such final Commission action.(4) Amount.(A) Except as provided in subparagraphs (B) or (C) of this paragraph, the amount of financial security required to be filed under this subsection shall be an amount based on a written estimate approved by the Commission or its delegate as being equal to or greater than the maximum amount necessary to close the commercial facility, exclusive of plugging costs for any well or wells at the facility, at any time during the permit term in accordance with all applicable state laws, Commission rules and orders, and the permit, but shall in no event be less than $10,000.(B) The owner or operator of one or more commercial facilities may reduce the amount of financial security required under this subsection for one such facility by the amount, if any, it filed as financial security under subsection (g)(6) of this section. The full amount of financial security required under subparagraph (A) of this paragraph shall be required for the remaining commercial facilities. (C) Except for the facilities specifically exempted under subparagraph (D) of this paragraph, a qualified professional engineer licensed by the State of Texas shall prepare or supervise the preparation of a written estimate of the maximum amount necessary to close the commercial facility as provided in subparagraph (A) of this paragraph. The owner or operator of a commercial facility shall submit the written estimate under seal of a qualified licensed professional engineer to the Commission as required under paragraph (1) of this subsection.(D) A facility permitted under §3.57 of this title (relating to Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials) that does not utilize on-site waste storage or disposal that requires a permit under §3.8 of this title (relating to Water Protection) is exempt from subparagraph (C) of this paragraph.(E) Notwithstanding the fact that the maximum amount necessary to close the commercial facility as determined under this paragraph is exclusive of plugging costs, the proceeds of financial security filed under this subsection may be used by the Commission to pay the costs of plugging any well or wells at the facility if the financial security for plugging costs filed with the Commission is insufficient to pay for the plugging of such well or wells.(5) Issuer and form.(A) Bond. The issuer of any commercial facility bond filed in satisfaction of the requirements of this subsection shall be a corporate surety authorized to do business in Texas. The form of bond filed under this subsection shall provide that the bond be renewed and continued in effect until the conditions of the bond have been met or its release is authorized by the Commission or its delegate.(B) Letter of credit. Any letter of credit filed in satisfaction of the requirements of this subsection shall be issued by and drawn on a bank authorized under state or federal law to operate in Texas. The letter of credit shall be an irrevocable, standby letter of credit subject to the requirements of Texas Business and Commerce Code, §§5.101-5.118. The letter of credit shall provide that it will be renewed and continued in effect until the conditions of the letter of credit have been met or its release is authorized by the Commission or its delegate.(m) Effect of outstanding violations.(1) Except as provided in paragraph (2) of this subsection, the Commission shall not accept an organization report or an application for a permit or approve a certificate of compliance for a well or a lease submitted by an organization if:(A) the organization has outstanding violations; or(B) an officer or owner of the organization, as defined in subsection (a) of this section, was, within seven years preceding the filing of the report, application, or certificate, an officer or owner of an organization and during that period, the organization committed a violation that remains an outstanding violation.(2) The Commission shall accept a report or application or approve a certificate filed by an organization covered by paragraph (1) of this subsection if:(A) the conditions that constituted the violation have been corrected or are being corrected in accordance with a schedule agreed to by the organization and the Commission;(B) all administrative, civil, and criminal penalties, and all plugging and cleanup costs incurred by the state relating to those conditions have been paid or are being paid in accordance with a schedule agreed to by the organization and the Commission; and(C) the report, application or certificate is in compliance with all other requirements of law and Commission rules.(3) All fees tendered in connection with a report or application that is rejected under this subsection are nonrefundable.(n) Mandatory surcharges. The Commission adopts this subsection pursuant to Texas Natural Resources Code, §81.070, to impose reasonable surcharges as necessary on fees collected by the Commission that are required to be deposited to the credit of the Oil and Gas Regulation and Cleanup Fund, as provided by Texas Natural Resources Code, §81.067, in an amount sufficient to enable the Commission to recover the costs of performing the functions specified by Texas Natural Resources Code, §81.068, from those fees and surcharges. This subsection establishes the methodology the Commission shall use to determine the amount of the surcharge on each fee, as required by Texas Natural Resources Code, §81.070(c).(1) For all fees subject to a surcharge under this section, the Commission shall employ a projected cost-based recovery methodology derived from budgeted cost projections approved by the Legislature in the General Appropriations Act, which is dependent upon revenue projections issued by the Comptroller in the most recent Biennial Revenue Estimate. In establishing the surcharge amounts, the Commission shall consider the factors and values set forth in the following subparagraphs.(A) The Commission shall ascertain the time required to complete the regulatory work associated with the activity in connection with which the surcharge is imposed using the number of full-time equivalent positions (FTEs) appropriated by the Legislature for that purpose during the applicable biennium, multiplied by the work hours in a fiscal year, divided by the anticipated number of permit applications processed in a fiscal year.(B) The Commission shall use the number of P-5 Organization Reports as a proxy to determine the number of individual or entities from which the Commission's costs may be recovered. An Organization Report is required to be filed and renewed annually by any organization, including any person, firm, partnership, corporation, or other organization, domestic or foreign, operating wholly or partially within this state, that performs operations within the jurisdiction of the agency.(C) The Commission shall determine how the surcharge will affect operators considered to be large, based on operating more than 10,000 oil or gas wells; operators considered to be medium, based on operating more than 1,000 oil or gas wells, but fewer than 10,000 wells; and operators considered to be small, based on operating fewer than 1,000 oil or gas wells.(D) The Commission shall consider the balance of the Oil and Gas Regulation and Cleanup Fund at the beginning of the fiscal year in which the surcharge is assessed.(E) The Commission shall assume that the Legislature intended that the agency's oil and gas regulatory program should be self-funded. The Commission shall maintain an adequate balance in the Oil and Gas Regulation and Cleanup Fund such that the regulatory program can withstand a decrease in industry activity without sacrificing the health and public safety aspects of its regulatory work, while also having funds available to respond to any emergency related to oil and gas activity throughout the state. The Commission shall also maintain a fund balance that is within the statutory fund limits as determined by the Legislature.(2) The Commission shall consider the factors set forth in paragraph (1) of this subsection to determine the surcharge applicable to all fees deposited to the Oil and Gas Regulation and Cleanup Fund in the following manner:(A) the Commission shall first apply the premise that the oil and gas regulatory program should be self-funded;(B) the Commission shall then apply a cost-based recovery analysis to the funding levels determined by the Legislature. The Commission shall rely primarily on these two factors, but shall also review all factors and values set forth in subparagraph (A) of this paragraph; and(C) the Commission will apply the surcharge rate to all applicable fees as detailed in paragraph (3) of this subsection.(3) Based on the factors and methodology set forth in this subsection, the Commission has determined that a surcharge rate of 150 percent will be necessary on all fees required to be deposited to the credit of the Oil and Gas Regulation and Cleanup Fund.(4) The Commission shall review the surcharge rate determination under this subsection periodically but not less than each biennium to confirm that the imposed surcharge is reasonable.", "sourceNote": "Source Note: The provisions of this §3.78 adopted to\r\nbe effective July 10, 2000, 25 TexReg 6487; amended to be effective\r\nNovember 1, 2000, 25 TexReg 9924; amended to be effective June 11,\r\n2001, 26 TexReg 4088; amended to be effective January 9, 2002, 27\r\nTexReg 139; amended to be effective October 12, 2003, 28 TexReg 8890;\r\namended to be effective September 1, 2004, 29 TexReg 8271; amended\r\nto be effective December 19, 2005, 30 TexReg 8426; amended to be effective\r\nNovember 26, 2007, 32 TexReg 8452; amended to be effective September\r\n13, 2010, 35 TexReg 8332; amended to be effective May 1, 2012, 37\r\nTexReg 1315; amended to be effective August 27, 2012, 37 TexReg 6538;\r\namended to be effective December 16, 2013, 38 TexReg 9010; amended\r\nto be effective February 1, 2016, 41 TexReg 792; amended to be effective\r\nFebruary 18, 2025, 50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157278", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.79", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167850", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Adjacent estuarine zones--This term embraces the area inland from the coast line of Texas and is comprised of the bays, inlets, and estuaries along the gulf coast.(2) By-product--Any element found in a geothermal formation which when brought to the surface is not used in geothermal heat or pressure inducing energy generation.(3) Casinghead gas--Any gas or vapor, or both, indigenous to an oil stratum and produced from such stratum with oil.(4) Commission--The Railroad Commission of Texas.(5) Common reservoir--Any oil, gas, or geothermal resources field or part thereof which comprises and includes any area which is underlaid, or which from geological or other scientific data or experiments or from drilling operations or other evidence appears to be underlaid by a common pool or accumulation of oil, gas, or geothermal resources.(6) Cubic foot of gas or standard cubic foot of gas--The volume of gas contained in one cubic foot of space at a standard pressure base and at a standard temperature base. The standard pressure base shall be 14.65 pounds per square inch absolute, and the standard temperature base shall be 60 degrees Fahrenheit. Whenever the conditions of pressure and temperature differ from the standard in this definition, conversion of the volume from these conditions to the standard conditions shall be made in accordance with the ideal gas laws, corrected for deviation.(7) District office--The commission-designated office for the geographic area in which the property or act subject to regulation is located or arises.(8) Dry gas--Any natural gas produced from a stratum that does not produce crude petroleum oil.(9) Exploratory well--Any well drilled for the purpose of securing geological or geophysical information to be used in the exploration or development of oil, gas, geothermal, or other mineral resources, except coal and uranium, and includes what is commonly referred to in the industry as \"slim hole tests,\" \"core hole tests,\" or \"seismic holes.\" For regulations governing coal exploratory wells, see Chapter 12 of this title (relating to Coal Mining Regulations), and for regulations governing uranium exploratory wells, see Chapter 11, Subchapter C of this title (relating to Surface Mining and Reclamation Division, Substantive Rules--Uranium Mining).(10) Gas lift--Gas lift by the use of gas not in solution with oil produced.(11) Gas well--Any well:(A) which produces natural gas not associated or blended with crude petroleum oil at the time of production;(B) which produces more than 100,000 cubic feet of natural gas to each barrel of crude petroleum oil from the same producing horizon; or(C) which produces natural gas from a formation or producing horizon productive of gas only encountered in a wellbore through which crude petroleum oil also is produced through the inside of another string of casing or tubing. A well which produces hydrocarbon liquids, a part of which is formed by a condensation from a gas phase and a part of which is crude petroleum oil, shall be classified as a gas well unless there is produced one barrel or more of crude petroleum oil per 100,000 cubic feet of natural gas; and that the term \"crude petroleum oil\" shall not be construed to mean any liquid hydrocarbon mixture or portion thereof which is not in the liquid phase in the reservoir, removed from the reservoir in such liquid phase, and obtained at the surface as such.(12) Gatherer--Includes any pipeline, truck, motor vehicle, boat, barge, or person authorized to gather or accept oil, gas, or geothermal resources from lease production or lease storage.(13) Geothermal energy and associated resources--(A) All products of geothermal processes, embracing indigenous steam, hot water and hot brines, and geopressured water;(B) Steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;(C) Heat or other associated energy found in geothermal formations;(D) Any by-product derived from them.(14) Geothermal resource well--A well drilled within the established limits of a designated geothermal field.(A) A geopressured geothermal well must be completed within a geopressured aquifer.(B) A geopressured aquifer is a water-bearing zone with a pressure gradient in excess of 0.5 pounds per square inch per foot and a temperature gradient in excess of 1.6 degrees Fahrenheit per 100 feet of depth.(15) Marginal well--Any oil well which is incapable of producing its maximum capacity of oil except by pumping, gas lift, or other means of artificial lift, and which well so equipped is capable, under normal unrestricted operating conditions, of producing such daily quantities of oil as herein set out, as would be damaged, or result in a loss of production ultimately recoverable, or cause the premature abandonment of same, if its maximum daily production were artificially curtailed. The following described wells shall be deemed \"marginal wells\" in this state.(A) Any oil well incapable of producing its maximum daily capacity of oil except by pumping, gas lift, or other means of artificial lift, within this state and having a maximum daily capacity for production of 10 barrels or less, averaged over the preceding 10 consecutive days of stabilized production, producing from a depth of 2,000 feet or less.(B) Any oil well incapable of producing its maximum daily capacity of oil except by pumping, gas lift, or other means of artificial lift, within this state and having a maximum daily capacity for production of 20 barrels or less, averaged over the preceding 10 consecutive days of stabilized production, producing from a horizon deeper than 2,000 feet and less in depth than 4,000 feet.(C) Any oil well incapable of producing its maximum daily capacity of oil except by pumping, gas lift, or other means of artificial lift, within this state and having a maximum daily capacity for production of 25 barrels or less, averaged over the preceding 10 consecutive days of stabilized production, producing from a horizon deeper than 4,000 feet and less in depth than 6,000 feet.(D) Any oil well incapable of producing its maximum daily capacity of oil except by pumping, gas lift, or other means of artificial lift, within this state and having a maximum daily capacity for production of 30 barrels or less, averaged over the preceding 10 consecutive days of stabilized production, producing from a horizon deeper than 6,000 feet and less in depth than 8,000 feet.(E) Any oil well incapable of producing its maximum daily capacity of oil except by pumping, gas lift, or other means of artificial lift, within this state and having a maximum daily capacity for production of 35 barrels or less, averaged over the preceding 10 consecutive days of stabilized production, producing from a horizon deeper than 8,000 feet. (Reference Order Number 20-59,200, effective May 1, 1969.)(16) Natural gas or gas--These terms shall have the same meaning, as used in the rules, regulations, or forms of the commission.(17) Natural gasoline--Gasoline manufactured from casinghead gas or from any natural gas.(18) Oil well--Any well which produces one barrel or more crude petroleum oil to each 100,000 cubic feet of natural gas.(19) Operator--A person, acting for himself or as an agent for others and designated to the commission as the one who has the primary responsibility for complying with its rules and regulations in any and all acts subject to the jurisdiction of the commission.(20) Person--Any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind.(21) Product--Includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, casinghead gasoline, natural gas gasoline, gas oil, naphtha, distillate, gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of petroleum, and/or any and all liquid products or by-products derived from crude petroleum oil or gas, whether hereinabove enumerated or not.(22) Sour gas--Any natural gas containing more than 1 1/2 grains of hydrogen sulphide per 100 cubic feet or more than 30 grains of total sulphur per 100 cubic feet, or gas which in its natural state is found by the commission to be unfit for use in generating light or fuel for domestic purposes.(23) Sweet gas--All natural gas except sour gas and casinghead gas.(24) Texas offshore--This term embraces the area in the Gulf of Mexico seaward of the coast line of Texas comprised of:(A) the three league area confirmed to the State of Texas by the Submerged Land Act (43 United States Code §§1301-1315); and(B) the area seaward of such three league area owned by the United States.(25) Transportation or to transport--The movement of any crude petroleum oil or products of crude petroleum oil or the products of either from any receptacle in which any such crude petroleum or products of crude petroleum oil or the products of either has been stored to any other receptacle by any means or method whatsoever, including the movement by any pipeline, railway, truck, motor vehicle, barge, boat, or railway tank car. It is the purpose of this definition to include the movement or transportation of crude petroleum oil and products of crude petroleum oil and the products of either by any means whatsoever from any receptacle containing the same to any other receptacle anywhere within or from the State of Texas, regardless of whether or not possession or control or ownership change.(26) Transporter or transporting agency--Includes any common carrier by pipeline, railway, truck, motor vehicle, boat, or barge, and/or any person transporting oil or a product by pipeline, railway, truck, motor vehicle, boat, or barge.(27) Underground source of drinking water--An aquifer or its portion which is not an exempt aquifer as defined in 40 Code of Federal Regulations §146.4 and which:(A) supplies any public water system; or(B) contains a sufficient quantity of ground water to supply a public water system; and(i) currently supplies drinking water for human consumption; or(ii) contains fewer than 10,000 milligrams per liter (mg/l) total dissolved solids.", "sourceNote": "Source Note: The provisions of this §3.79 adopted to be effective August 25, 2003, 28 TexReg 6816; amended to be effective July 2, 2012, 37 TexReg 4892." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167850", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.80", "label": "Commission Oil and Gas Forms, Applications, and Filing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224068", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Forms. Forms required to be filed at the Commission shall be those prescribed by the Commission. A complete set of all Commission forms required to be filed at the Commission shall be kept by the Commission secretary and posted on the Commission's web site. Notice of any new or amended forms shall be issued by the Commission. For any required or discretionary filing, an organization may either file the prescribed form on paper or use any electronic filing process in accordance with subsections (e) or (f) of this section, as applicable. The Commission may at its discretion accept an earlier version of a prescribed form, provided that it contains all required information and meets the requirements of subsection (e)(3) of this section.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Commission--The Railroad Commission of Texas.(2) Electronic filing process--An electronic transmission to the Commission in a prescribed form and/or format authorized by the Commission and completed in accordance with Commission instructions.(3) Form--A printed or typed paper document or electronic submission, including any necessary instructions, with blank spaces for insertion of required or requested specific information.(4) Organization--Any person, firm, partnership, joint stock association, corporation, or other organization, domestic or foreign, operating wholly or partially within this state, acting as principal or agent for another, for the purpose of performing operations within the jurisdiction of the Commission.(5) Position of ownership or control--A person holds a position of ownership or control in an organization if the person is:(A) an officer or director of the organization;(B) a general partner of the organization;(C) the owner of an organization which is a sole proprietorship;(D) the owner of more than a 25 percent ownership interest in the organization; or(E) the designated trustee of the organization.(6) Violation--Non-compliance with a statute, Commission rule, order, license, permit, or certificate relating to safety or the prevention or control of pollution.(c) Organization eligibility. The Commission may not accept an organization report or an application for a permit, or approve a certificate of compliance if:(1) the organization that submitted the report, application, or certificate violated a statute or Commission rule, order, license, certificate, or permit that relates to safety or the prevention or control of pollution; or(2) any person who holds a position of ownership or control in the organization has, within the seven years preceding the date on which the report, application, or certificate is filed, held a position of ownership or control in another organization, and during that period of ownership or control the other organization violated a statute or Commission rule, order, license, permit, or certificate that relates to safety or the prevention or control of pollution.(d) Violations. An organization has committed a violation if there is either a Commission order against an organization finding that the organization has committed a violation and all appeals have been exhausted or an agreed order entered into by the Commission and an organization relating to an alleged violation, and:(1) the conditions that constituted the violation or alleged violation have not been corrected;(2) all administrative, civil and criminal penalties, if any, relating to the violation or agreed settlement relating to an alleged violation have not been paid; or(3) all reimbursements of costs and expenses, if any, assessed by the Commission relating to the violation or to the alleged violation have not been collected.(e) Authorization and standards for electronic filing.(1) An organization may file electronically any form for which the Commission has provided an electronic version, provided that the organization pays all required filing fees and complies with all requirements, including but not limited to security procedures, for electronic filing.(2) The Commission deems an organization that files electronically or on whose behalf is filed electronically any form, as of the time of filing, to have knowledge of and to be responsible for the information filed on the form, pursuant to the statutory requirements, restrictions, and standards found in and pertaining to:(A) Texas Natural Resources Code, Title 3 (oil and gas well drilling, production, and plugging);(B) Texas Natural Resources Code, Title 5 (geothermal resources);(C) Texas Natural Resources Code, Title 11 (hazardous liquids storage);(D) Texas Utilities Code, Chapter 121, Subchapter I (sour gas pipeline facilities);(E) Texas Water Code, §26.131 (discharge permits);(F) Texas Water Code, Chapter 27 (class II injection and disposal wells and class III brine mining wells);(G) Texas Water Code, Chapter 29 (oil and gas waste haulers);(H) Texas Health and Safety Code, §401.415 (oil and gas naturally occurring radioactive material (NORM) waste); and(I) Texas Administrative Code, Title 16, Chapter 3 (Oil and Gas Division) and Chapter 4 (Environmental Protection).(3) All forms that an organization submits or that are submitted on behalf of an organization shall be transmitted in the manner prescribed by the Commission that is compatible with its software, equipment, and facilities.(4) The Commission may provide notice electronically to an organization of, and may provide an organization the ability to confirm electronically, the Commission's receipt of a form submitted electronically by or on behalf of that organization.(5) The Commission deems that the signature of an organization's authorized representative appears on each form submitted electronically by or on behalf of the organization, as if this signature actually appears, as of the time the form is submitted electronically to the Commission.(6) The Commission holds each organization responsible, under the penalties prescribed in Texas Natural Resources Code, §91.143, for all forms, information, or data that an organization files or that are filed on its behalf. The Commission charges each organization with the obligation to review and correct, if necessary, all forms or data that an organization files or that are filed on its behalf.(f) Other electronic transmissions. The Commission may at its discretion accept other documents or data electronically transmitted.", "sourceNote": "Source Note: The provisions of this §3.80 adopted to be effective June 11, 2001, 26 TexReg 4088; amended to be effective April 12, 2004, 29 TexReg 3612; amended to be effective July 12, 2004, 29 TexReg 6633; amended to be effective October 11, 2004, 29 TexReg 9533; amended to be effective April 3, 2006, 31 TexReg 2846; amended to be effective January 30, 2007, 32 TexReg 287; amended to be effective January 7, 2008, 33 TexReg 114; amended to be effective September 12, 2011, 36 TexReg 5835; amended to be effective July 7, 2014, 39 TexReg 5148." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224068", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.81", "label": "Class III Brine Mining Injection Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224069", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless, the context clearly indicates otherwise.(1) Affected person--A person who, as a result of the activity sought to be permitted, has suffered or may suffer actual injury or economic damage other than as a member of the general public.(2) Brine mining facility or facility--The brine mining injection well, and the pits, tanks, fresh water wells, pumps, and other structures and equipment that are or will be used in conjunction with the brine mining injection well.(3) Brine mining injection well--A Class III UIC well used to inject fluid for the purpose of extracting brine by the solution of a subsurface salt formation. The term \"brine mining injection well\" does not include a well used to inject fluid for the purpose of leaching a cavern for the underground storage of hydrocarbons or the disposal of waste, or a well used to inject fluid for the purpose of extracting sulphur by the thermofluid mining process.(4) Commission--The Railroad Commission of Texas.(5) Director--The director of the Oil and Gas Division or a staff delegate designated in writing by the director of the Oil and Gas Division or the commission.(6) Existing brine mining injection well--A brine mining injection well in which injection operations began prior to the effective date of this section.(7) Fresh water--Water having bacteriological, physical, and chemical properties that make it suitable and feasible for beneficial use for any lawful purpose.(8) New brine mining injection well--A brine mining injection well in which injection operations begin on or after the effective date of this section.(9) Permit--A written authorization issued by the commission under this section for the operation of a brine mining injection well.(10) Person--A natural person, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust partnership, association, or any other legal entity.(11) Pollution--The alteration of the physical, chemical, or biological quality of, or the contamination of, water that makes it harmful, detrimental, or injurious to humans, animal life, vegetation or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.(b) Prohibitions.(1) Unauthorized injection. No person may operate a brine mining injection well without obtaining a permit from the commission under this section. No person may begin constructing a new brine mining injection well until the commission has issued a permit to operate the well under this section and a permit to drill, deepen, plug back, or reenter the well under §3.5 of this title (relating to Application to Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5).(2) Fluid migration. No person may operate a brine mining injection well in a manner that allow fluids to escape from the permitted injection zone. If fluids are migrating from the permitted injection zone, the operator shall immediately cease injection operations. (3) Falsifying documents and tampering with gauges. No person may knowingly make any false statement, representation, or certification in any application, report, record, or other document submitted or required to be maintained under this section or under any permit issued pursuant to this section, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this section or under any permit issued pursuant to this section.(c) Standards for permit issuance. A permit may be issued only if the commission determines that the operation of the brine mining injection well will not result in the pollution of fresh water. All permits issued under this section will contain the conditions required by subsections (f) and (g) of this section, and all other conditions reasonably necessary to prevent the pollution of fresh water.(d) Permit application.(1) Duty to apply. Any person who operates or proposes to operate a brine mining injection well shall file a permit application with the commission in Austin within the time provided in paragraph (2) of this subsection. The applicant shall mail or deliver a copy of the application to the appropriate district office on the same day the application is mailed or delivered to the commission in Austin. A permit application will be considered filed with the commission on the date it is received by the commission in Austin.(2) Time to apply.(A) Any person who proposes to operate a new brine mining injection well shall file a permit application at least 180 days before the date on which injection is to begin, unless a later date has been authorized by the director.(B) Any person who is operating an existing brine injection well shall file a permit application within 90 days of the effective date of this section.(C) Any person who has obtained a permit under this section and who wishes to continue to operate the brine mining injection well after the permit expires shall file an application for new permit at least 180 days before the existing permit expires, unless a later date has been authorized by the director.(3) Who applies. When a brine mining facility is owned by one person but is operated by another person, it is the operator's duty to file an application for a permit.(4) Application requirements for all applicants. All applicants shall submit the following information, using application forms supplied by the commission:(A) name, mailing address, and location of the brine mining facility for which the application is submitted;(B) the operator's name, mailing address, telephone number, and status as federal, state, private, public, or other entity, and a statement indicating whether the operator is the owner of the facility;(C) the proposed uses for the brine mined at the facility; (D) a listing of all permits or construction approvals for the facility received or applied for under federal or state environmental programs;(E) a topographic map, or other map if the topographic map is unavailable, extending one mile beyond the property boundaries of the facility, depicting the facility and those springs, other surface water bodies, drinking water wells, and other wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary;(F) a plat showing the oil and gas operators of the tract on which the facility is located and the tracts adjacent to the tract on which the facility is located. On the plat or on a separate sheet attached to the plat, the applicant shall list the names and addresses of the oil and gas operators;(G) a plat showing the surface ownership of the tract on which the facility is located and the tracts adjacent to the tract on which the facility is located. On the plat or on a separate sheet attached to the plat, the applicant shall list the names and addresses of the surface owners, as determined from the current county tax rolls or other reliable sources, and shall identify the source of the list. If the director determines that, after diligent efforts, the applicant has been unable to ascertain the name and address of one or more surface owners, the director may waive the requirements of this subparagraph with respect to those surface owners;(H) a map with surveys marked showing the type, location, and depth of all wells of public record within a 1/4 mile radius of the brine mining injection well that penetrate the salt formation. The applicant shall attach the following information to the map:(i) a tabulation of the wells showing the dates the wells were drilled and the present status of the wells; and(ii) plugging records for plugged and abandoned wells and completion records for other wells;(I) a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the depth to which fresh water strata should be protected;(J) a complete electric log of the brine mining injection well or a nearby well. On the log, the applicant shall identify the geologic formations between the land surface and the top of the salt formation and the depths at which they occur;(K) a drawing of the surface and subsurface construction details of the brine mining injection well;(L) the proposed maximum daily injection rate and maximum injection pressure;(M) the proposed injection procedure;(N) the proposed mechanical integrity testing procedure;(O) the source of mining water to be used at the facility. If the source is groundwater, the following information must be included: (i) the groundwater formation name;(ii) an depth of the groundwater formation; and(iii) an analysis of the groundwater;(P) the direction of the hydraulic gradient in the area; and(Q) the proposed groundwater monitoring plan, or an alternate plan for assuring that fluids are not escaping from the permitted injection zone.(5) Additional information. The applicant shall submit any other information required on the application form supplied by the commission. In addition to the information reported on the application form, the applicant shall submit, at the director's request, any other information the commission may reasonably require to assess the brine mining injection well and to determine whether to issue a permit.(e) Signatories to applications and reports.(1) Applications. All applications shall be signed as follows:(A) for a corporation, by a responsible corporate officer. A responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or(B) for a partnership or sole proprietorship, by a general partner or the proprietor, respectively.(2) Reports. All reports required by permits and other information requested by the commission shall be signed by a person described in paragraph (1) of this subsection or by a duly authorized representative of that person. A person is a duly authorized representative only if:(A) the authorization is made in writing by a person described in paragraph (1) of this subsection;(B) the authorization specifies an individual or position having responsibility for the overall operation of the regulated facility; and(C) the authorization is submitted to the commission before or together with any report of information signed by the authorized representative.(3) Certification. Any person signing a document under paragraph (1) or (2) of this subsection shall make the following certification: \"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or who are directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information.\" (f) Conditions applicable to all permits. The conditions specified in this subsection apply to all permits.(1) Duty to comply. The operator shall comply with all conditions of the permit. Any permit noncompliance is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application.(2) Duty to reapply. If the operator wishes to continue a permitted activity after the expiration date of the permit, the operator shall apply for and obtain a new permit.(3) Need to halt or reduce activity not a defense. It is not a defense for an operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.(4) Duty to mitigate. The operator shall take all reasonable steps to minimize and correct any adverse effect on the environment resulting from noncompliance with the permit.(5) Proper operation and maintenance. The operator shall at all times properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, that are installed or used by the operator to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up and auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.(6) Permit actions. The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the operator for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.(7) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.(8) Duty to provide information. The operator shall also furnish to the commission, within a time specified by the commission, any information that the commission may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The operator shall also furnish to the commission, upon request, copies of records required to be kept under the conditions of the permit.(9) Inspection and entry. The operator shall allow any member or employee of the commission, on proper identification, to:(A) enter upon the premises where a regulated activity is conducted or where records are kept under the conditions of the permit;(B) have access to and copy, during reasonable working hours, any records required to be kept under the conditions of the permit;(C) inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and(D) sample or monitor any substance or parameter for the purpose of assuring compliance with the permit or as otherwise authorized by the Texas Water Code, §27.071, or the Texas Natural Resources Code, §91.1012.(10) Monitoring and records.(A) Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity.(B) The operator shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the permit application, for at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the commission at any time.(C) Records of monitoring information must include the date, exact place, and time of the sampling or measurements; the individual(s) who performed the sampling or measurements; the date(s) analyses were performed; the individual(s) who performed the analyses; the analytical techniques or methods used; and the results of the analyses.(11) Signatory requirements. All reports and other information submitted to the commission shall be signed and certified in accordance with subsection (e) of this section.(12) Reporting requirements.(A) The operator shall notify the commission as soon as possible of any planned physical alteration or addition to the facility.(B) The operator shall give advance notice to the commission of any planned changes in the facility that may result in noncompliance with permit requirements.(C) Monitoring results shall be reported at the intervals specified in the permit.(D) Reports of compliance or noncompliance with the requirements contained in any compliance schedule of the permit shall be submitted no later than 30 days after each scheduled date.(E) The operator shall report to the commission any noncompliance that may endanger human health or the environment.(i) An oral report shall be made to the appropriate district office immediately after the operator becomes aware of the noncompliance. A written report shall be filed with the Austin office within five days of the time the operator becomes aware of the noncompliance. The written report must contain the following information:(I) a description of the noncompliance and its cause;(II) the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and(III) steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.(ii) Information that shall be reported under this subparagraph includes the following:(I) any monitoring or any other information that indicates that any contaminant may endanger fresh water; or(II) any noncompliance with a permit condition or malfunction of the injection system that may cause fluid migration into or between fresh water strata.(F) The operator shall report any noncompliance not reported under subparagraphs (C), (D), and (E) of this paragraph at the time monitoring reports are submitted. The report must contain the information listed in subparagraph (E) of this paragraph.(G) If the operator becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or a report to the commission, the operator shall promptly submit the relevant facts or correct information.(13) Transfers. The permit is not transferable to any person except by modification, or revocation and reissuance, to change the name of the operator and incorporate other necessary requirements.(14) Completion report. Injection operations may not begin in any new brine mining injection well until the operator has submitted a completion report to the director, and the director has reviewed the completion report and found the well in compliance with the conditions of the permit.(15) Workovers. The operator shall notify the appropriate district office at least 48 hours before performing any workover or corrective maintenance operations that involve the removal of the tubing or well stimulation.(16) Mechanical integrity.(A) No person may perform injection operations in a brine mining injection well that lacks mechanical integrity. A well has mechanical integrity if:(i) there is not significant leak in the casing; and(ii) there is no significant fluid movement into fresh water strata through vertical channels adjacent to the wellbore.(B) For any existing brine mining injection well, mechanical integrity must be demonstrated annually. For any new brine mining injection well, mechanical integrity must be demonstrated before injection operations begin and annually thereafter. In addition, for all brine mining injections wells, mechanical integrity must be demonstrated after any workover that involves the removal of the tubing.(C) To demonstrate the absence of a significant leak in the casing, the operator shall conduct a fluid pressure test in accordance with the following procedures:(i) the operator shall submit a written test procedure to the commission in Austin at least 15 days before the test;(ii) the operator shall notify the district office orally at least 48 hours before the test;(iii) the operator shall perform the test using the test procedure submitted prior to the testing unless otherwise instructed by the commission; and(iv) the operator shall file a complete record of the test with the commission in Austin within 30 days after the test.(D) In lieu of an annual fluid pressure test, the operator may monitor the pressure of a hydrocarbon pad or blanket contained in the annulus space of the well, provided the operator has obtained written approval from the director prior to using this method.(E) One of the following methods shall be used to demonstrate the absence of significant fluid movement into fresh water strata through vertical channels adjacent to the wellbore:(i) the results of a temperature or noise log; or(ii) where the nature of the casing precludes the use of the logging techniques prescribed in clause (i) of this subparagraph, cementing records demonstrating the presence of adequate cement to prevent such movement.(F) The director may allow the use of a method of demonstrating mechanical integrity other than one listed in subparagraphs (C), (D), and (E) of this paragraph with the approval of the administrator of the Environmental Protection Agency obtained pursuant to 40 Code of Federal Regulations §146.8(d).(G) Mechanical integrity must be demonstrated to the satisfaction of the director. In conducting and evaluating the results of a mechanical integrity test, the operator and the director will apply procedures and standards generally accepted in the industry. In reporting the results of a mechanical integrity test, the operator must include a description of the method and procedures used. In evaluating the results, the director will review monitoring and other test data submitted since the previous mechanical integrity test.(17) Notice of conversion or abandonment. The operator shall notify the commission at such times as the permit requires before conversion or abandonment of the well.(18) Plugging. Within one year after cessation of brine mining injection operations, the operator shall plug the well in accordance with §3.14(a) and (c) - (h) of this title (relating to Plugging) (Rule 14(a) and (c) - (h)). For good cause, the director may grant a reasonable extension of time in which to plug the well if the operator submits a proposal that describes actions or procedures to ensure that the well will not endanger fresh water during the period of the extension.(g) Other permit conditions. In addition to the conditions required in all permits, the commission will establish conditions, as required on a case-by-case basis, to provide for and assure compliance with the requirements specified in this subsection.(1) Duration. Permits will be effective for a term up to the operating life of the facility. The commission will review each permit issued pursuant to this section at least once every five years to determine whether cause exists for modification, revocation and reissuance, or termination of the permit.(2) Operating requirements. Permits will prescribe operating requirements, which will at a minimum specify that:(A) except during well stimulation, injection pressure at the wellhead may not exceed a maximum calculated to assure that the injection pressure does not initiate new fractures or propagate existing fractures in the injection zone; and(B) in no case may the injection pressure initiate fractures in the confining zone or cause the escape of injection or formation fluids from the injection zone.(3) Monitoring requirements. Permits will specify the following monitoring requirements:(A) requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods;(B) requirements concerning the type, intervals, and frequency of monitoring sufficient to yield data representative of the monitored activity, including continuous monitoring when appropriate; and(C) requirements to report monitoring results with a frequency dependent on the nature and effect of the monitored activity, but in no case less than quarterly.(4) Construction requirements. Permits will specify construction requirements to assure that the injection operations will not endanger fresh water. Changes in construction requirements during construction may be approved by the director as minor modifications of the permit. No such changes may be physically incorporated into the construction of the well prior to approval of the modifications by the director.(A) An existing brine mining injection well shall achieve compliance with the construction requirements according to a compliance schedule established as soon as possible and in no case later than one year after the effective date of the permit. The permit will require the operator to submit a written compliance report within 30 days after compliance has been achieved.(B) A new brine mining injection well must be cased and cemented in accordance with §3.13 of this title (relating to Casing, Cementing, Drilling, and Completion Requirements), (Rule 13), provided, however, that the operator shall set and cement surface casing in accordance with the letter obtained from the Groundwater Advisory Unit of the Oil and Gas Division pursuant to subsection (d)(4)(I) of this section regardless of the total depth of the well. No alternative program for setting less surface casing will be authorized.(C) Appropriate logs and other tests must be conducted during the drilling and construction of a new brine mining injection well. A descriptive report interpreting the results of such logs and tests must be prepared by a knowledgeable log analyst and submitted to the director. The logs and tests appropriate to each well will be determined based on the depth, construction, and other characteristics of the well, the availability of similar data in the area, and the need for additional information that may arise from time to time as the construction of the well progresses.(5) Financial responsibility. It shall be a permit condition that the operator maintain financial responsibility and resources to plug and abandon the brine mining injection well. The operator shall show evidence of such financial responsibility to the commission by submitting a surety bond or letter of credit in a form prescribed by the commission. Such bond or letter of credit shall be maintained until the well is plugged in accordance with subsection (f)(18) of this section.(6) Corrective action. For all known wells that penetrate the injection zone within a 1/4 mile radius of the brine mining injection well and are improperly completed, plugged, or abandoned, the commission will consider requiring corrective action to prevent movement of fluid into fresh water strata.(A) In determining the need for corrective action, the commission will consider the following factors: nature and volume of injected fluid; nature of native fluids; potentially affected population; geology; hydrology; history of the injection operation; completion and plugging records; abandonment procedures in effect at the time a well was abandoned; and hydraulic connections with fresh water.(B) For an existing brine mining injection well requiring corrective action, any permit issued will include a compliance schedule leading to compliance with corrective action requirements. The compliance schedule will require compliance as soon as possible and in no case later than one year after the effective date of the permit. The permit will require the operator to submit a written compliance report within 30 days after all required corrective action has been taken.(C) For a new brine mining injection well, the operator may not begin injection operations until all required corrective action has been taken.(h) Modification, revocation and reissuance, and termination of permits. A permit may be modified, revoked and reissued, or terminated by the commission either upon the written request of any interested person, including the operator, or upon the commission's initiative, but only for the reasons and under the conditions specified in this subsection. Except for minor modifications made under paragraph (2) of this subsection, the commission will follow the applicable procedures in subsection (i) of this section. In the case of a modification, the commission may request additional information or an updated application. In the case of a revocation and reissuance, the commission will require a new application. If a permit is modified, only the conditions subject to modification are reopened. The term of a permit may not be extended by modification. If a permit is revoked and reissued, the entire permit is reopened and subject to revision, and the permit is reissued for a new term.(1) Modification, or revocation and reissuance. The following are causes for modification, or revocation and reissuance:(A) material and substantial alterations or additions to the facility occurred after permit issuance and justify permit conditions that are different or absent in the existing permit;(B) the commission receives new information;(C) the standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued;(D) the commission determines good cause exists for modifying a compliance schedule, such as a act of God, strike, flood, materials shortage, or other event over which the operator has little or no control and for which there is no reasonably available remedy;(E) cause exists for terminating a permit under paragraph (3) of this subsection, and the commission determines that modification, or revocation and reissuance, is appropriate; or(F) a transfer of the permit is proposed.(2) Minor modifications. With the operator's consent, the director may make minor modifications to a permit administratively, without following the procedures of subsection (i) of this section. Minor modifications may only:(A) correct clerical or typographical errors, or clarify any description or provision in the permit, provided that the description or provision is not changed substantively;(B) require more frequent monitoring or reporting;(C) change construction requirements provided that any changes shall comply with the requirements of subsection (g)(4) of this section; or(D) allow a transfer of the permit where the director determines that no change in the permit is necessary other than a change in the name of the operator, provided that a written agreement between the current operator and the new operator containing a specific data for the transfer of permit responsibility, coverage, and liability has been submitted to the commission.(3) Termination. The following are causes for terminating a permit during its term, or for denying a permit renewal application:(A) the operator fails to comply with any condition of the permit or this section;(B) the operator fails to disclose fully all relevant facts in the permit application or during the permit issuance process, or misrepresents any relevant fact at any time;(C) a material change of conditions occurs in the operation or completion of the well, or there are material changes in the information originally furnished;(D) the commission determines that the permitted injection endangers human health or the environment, or that pollution of fresh water is occurring or is likely to occur as a result of the permitted injection; or(E) fluids are escaping from the permitted injection zone.(i) Permitting procedures.(1) Review of applications. Upon receipt of an application for a permit, the director will review the application for completeness. Within 30 days after receipt of the application, the director will notify the applicant in writing whether the application is complete or deficient. A notice of deficiency will state the additional information necessary to complete the application, and a date for submitting this information. The application will be deemed withdrawn if the necessary information is not received by the specified date, unless the director has extended this date upon request of the applicant. Upon timely receipt of the necessary information, the director will notify the applicant that the application is complete. The director will not begin processing a permit until the application is complete.(2) Permit denial. If the director administratively denies a permit application, a notice of administrative denial will be mailed to the applicant. The applicant will have a right to a hearing on request. If the applicant requests a hearing, the notice of administrative denial will be subject to the same procedures as a draft permit prepared under paragraph (3) of this subsection.(3) Draft permits.(A) A draft permit will be prepared when the director tentatively decides:(i) to issue a permit;(ii) to modify, or revoke and reissue, a permit; or(iii) to terminate a permit, in which case the director will prepare a notice of intent to terminate, which is a type of draft permit.(B) A draft permit will contain all proposed permit conditions.(4) Fact sheets. The director will prepare a fact sheet to accompany every draft permit that the director finds is the subject of widespread public interest or raises important issues. The fact sheet will briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The fact sheet will include information satisfying the requirements of 40 Code of Federal Regulations §124.8(b). (5) Notice.(A) The commission will give notice when a draft permit is prepared under paragraph (3) of this subsection, and when a hearing is scheduled under paragraph (7) of this subsection.(B) Notice will be given by the methods specified in this subparagraph.(i) A copy of the notice will be mailed to the following persons:(I) any agency that the commission knows has issued or is required to issue a permit for the same facility under any federal or state environmental program;(II) the United States Environmental Protection Agency;(III) persons on a mailing list developed according to 40 Code of Federal Regulations §124.10(c)(1)(viii);(IV) any unit of local government having jurisdiction over the area where the facility is or is proposed to be located, and each state agency having any authority under state law with respect to the construction or operation of the facility;(V) the operator; and(VI) any oil and gas operators or surface owners required to be listed in the application under subsection (d)(4)(F) and (G) of this section. If, pursuant to subsection (d)(4)(G), the director waived the requirement to list certain surface owners in the application, the applicant shall notify such persons by publishing the notice. The notice shall be published by the applicant once each week for two consecutive weeks in a newspaper of general circulation for the county where the facility is located. The applicant shall file proof of publication with the commission in Austin.(ii) The notice shall be published by the applicant at least once in a newspaper of general circulation for the county where the facility is located. The applicant shall file proof of publication with the commission in Austin.(C) Notices will include information satisfying the requirements of 40 Code of Federal Regulations §124.10(d) and the Texas Government Code, Chapter 2001.(D) A copy of any draft permit, fact sheet, and application will be mailed to the persons notified under subparagraph (B)(i)(I) and (II) of this paragraph, and to any other person upon request. The applicant will be mailed a copy of any draft permit and fact sheet.(E) The Texas Commission on Environmental Quality, the Texas Water Development Board, the Texas Department of Health, the Texas Parks and Wildlife Department, the United States Fish and Wildlife Service, other state and federal agencies with jurisdiction over fish, shellfish, and wildlife resources, the Advisory Council on Historic Preservation, state historic preservation officers, and other appropriate government authorities will be given opportunity to receive copies of notices, applications, draft permits, and fact sheets.(6) Comments and requests for hearing. Notice of a draft permit will allow at least 30 days for public comment. During the public comment period, any interested person may submit written comments on the draft permit and may request a hearing if one has not already been scheduled.(7) Hearings on draft permits.(A) A hearing will be held:(i) when the director finds, on the basis of requests, a significant degree of public interest in a draft permit;(ii) when an applicant or an affected person requests a hearing on a draft permit; or(iii) when an operator requests a hearing on a draft permit prepared when the director tentatively decides to modify, revoke and reissue, or terminate a permit.(B) The commission may hold a hearing at its discretion, for instance, when a hearing might clarify one or more issues involved in the permit decision.(C) Notice of a hearing will be given at least 30 days before the hearing. The public comment period under paragraph (6) of this subsection will automatically be extended to the close of any hearing under this paragraph.(8) Administrative approval. After the close of the public comment period, the director may issue, modify, revoke and reissue, or terminate a permit administratively if no hearing is required under paragraph (7) of this subsection.(9) Response to comments. When a final permit is issued, the commission will respond in writing to comments received during the public comment period. The response will be made available to the public and will:(A) specify which provisions, if any, of the draft permit have been changed in the final permit, and the reasons for the changes; and(B) briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing on the draft permit.(j) Commission review of administrative actions. Administrative actions performed by the director or commission staff pursuant to this section are subject to review by the commissioners.(k) Federal regulations. All references to the Code of Federal Regulations in this section are references to the 1987 edition of the Code. The following federal regulations are adopted by reference and can be obtained at the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78711: 40 Code of Federal Regulations §§124.8(b), 124.10(c)(1)(viii), 124.10(d), and 146.8(d). Where the word \"director\" is used in the adopted federal regulations, it should be interpreted to mean \"commission.\"(l) Effective date. This section becomes effective upon approval of the commission's Class III Underground Injection Control (UIC) Program for brine mining injection wells by the United States Environmental Protection Agency under the Safe Drinking Act, §1422 (42 United States Code §300h-1).", "sourceNote": "Source Note: The provisions of this §3.81 adopted to be\r\neffective August 25, 2003, 28 TexReg 6816; amended to be effective\r\nNovember 24, 2004, 29 TexReg 10728; amended to be effective July 2,\r\n2012, 37 TexReg 4892; amended to be effective February 18, 2025, 50\r\nTexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224069", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.82", "label": "Brine Production Projects and Associated Brine Production Wells and Class V Spent Brine Return Injection Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89135", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and purpose.(1) This section contains the regulations for:(A) brine production projects and the associated brine production wells for the extraction of elements, minerals, mineral ions, salts, or other useful substances, including, but not limited to, lithium, lithium ions, lithium chloride, halogens or halogen salts, from a subsurface formation but not including oil, gas, or any product of oil or gas, as defined by Section 85.001 of the Natural Resources Code, or fluid oil and gas waste, as defined by Section 122.001 of the Natural Resources Code; and(B) Class V spent brine return injection wells used in association with brine production projects for the reinjection of the spent brine.(2) This section applies regardless of whether the well was initially completed for the purpose of brine production or Class V spent brine return injection or was initially completed for another purpose and is converted for brine production or Class V spent brine return injection.(3) The operator of a brine production project, including associated brine production wells and Class V spent brine return injection wells, shall comply with the requirements of this section as well as with all other applicable Commission rules and orders.(4) Any pipelines, flowlines, storage, or any other brine containers at the brine production project shall be constructed, operated, and maintained such that they will not leak or cause an unauthorized discharge to surface or subsurface waters.(5) This section does not apply to Class III brine mining injection wells regulated under §3.81 of this title (relating to Class III Brine Mining Injection Wells).(6) This section does not apply to the creation, operation, or maintenance of an underground hydrocarbon storage cavern in a salt formation regulated under §3.95 of this title (relating to Underground Storage of Liquid or Liquefied Hydrocarbons in Salt Formations) and §3.97 of this title (relating to Underground Storage of Gas in Salt Formations). (7) This section does not apply to the injection of fluids that meet the definition of a hazardous waste under 40 CFR Part 261.(8) Subsection (d) of this section establishes statewide field rules for brine production fields including assignment of acreage, well spacing, and density provisions to promote the regular development of brine resources in a manner that does not damage the reservoir.(9) If a provision of this section conflicts with any provision or term of a Commission order or permit, the provision of such order or permit controls, provided that the provision satisfies the minimum requirements for EPA's Class V Underground Injection Control (UIC) program.(10) If a provision of this section conflicts with a provision of another Commission rule referenced in this section, the provision of this section controls. (b) Definitions. The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise.(1) Affected person--A person who, as a result of activity sought to be permitted, has suffered, or faces a substantial risk of suffering, concrete or actual injury or economic damage other than as a member of the general public. A competitor is not an affected person unless it has suffered, or faces a substantial risk of suffering, actual harm to its interest in real property or waste of substantial recoverable substances.(2) Application--The Commission form for applying for a permit, including any additions, revisions or modifications to the forms, and any required attachments.(3) Aquifer--A geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.(4) Area of review (AOR)--The brine production project area unless an exception obtained pursuant to this section results in an injection well location closer than one-half mile to the boundary of the brine production project area, in which case the area of review is a one-half mile radius around the injection well location. (5) Brine--Saline water, whether contained in or removed from an aquifer, which may contain brine resources or other naturally-occurring substances such as entrained oil or gas, including hydrogen sulfide gas. The term does not include brine produced as an incident to the production of oil and gas.(6) Brine field--A formation or the correlative depth interval designated in the field designation or rules that contains brine resources.(7) Brine production project--A project the purpose of which is the extraction of brine resources from a brine field. The term includes brine production wells, Class V spent brine return injection wells, monitoring wells, brine flowlines, and any equipment associated with the project.(8) Brine production project area--The surface extent of the land assigned to a brine production project, as indicated on the plat required by subsection (e)(3)(N) of this section.(9) Brine production project permit--A permit authorizing a brine production project issued by the Commission pursuant to this section.(10) Brine production well--A well drilled or recompleted for the exploration or production of brine resources that is part of a brine production project.(11) Brine resource--Elements, minerals, salts, or other useful substances dissolved or entrained in brine, including, but not limited to, lithium, lithium ions, lithium chloride, halogens, or other halogen salts, but not including oil, gas, or any product of oil or gas. The term does not include brine extracted pursuant to §3.81 of this title (relating to Class III Brine Mining Injection Wells).(12) Cementing--The operation whereby a cement slurry is pumped into a drilled hole and/or forced behind casing.(13) Class V spent brine return injection well--A well into which brine produced by a brine production project is re-injected into the same brine field from which it was withdrawn after the brine resources have been extracted. The term does not include a Class I, II, III, IV, or VI UIC well.(14) Code of Federal Regulations (CFR)--The codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.(15) Commission--The Railroad Commission of Texas.(16) Confining zone--A geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above or below the brine field.(17) Contaminant--Any physical, chemical, biological, or radiological substance or matter in water.(18) Corrective action--Methods to assure that wells within the area of review do not serve as conduits for the movement of fluids from the brine field and into or between USDWs, including the use of corrosion resistant materials where appropriate.(19) Director--The Director of the Oil and Gas Division of the Railroad Commission of Texas or the Director's delegate.(20) Electric log--A density, sonic, or resistivity (except dip meter) log run over the entire wellbore.(21) EPA--The United States Environmental Protection Agency.(22) Exempted aquifer--An aquifer or its portion that meets the criteria in the definition of USDW but which has been exempted according to the procedures in 40 CFR §144.7.(23) Fault--A surface or zone of rock fracture along which there has been displacement.(24) Flow rate--The volume per time unit given to the flow of gases or other fluid substance which emerges from an orifice, pump, turbine or passes along a conduit or channel.(25) Fluid--Any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.(26) Formation--A body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.(27) Formation fluid--Fluid present in a formation under natural conditions as opposed to introduced fluids such as drilling mud.(28) Fracture pressure--The pressure that, if applied to a subsurface formation, would cause that formation to physically fracture or result in initiation or propagation of fractures.(29) Good faith claim--A factually supported claim based on a recognized legal theory to a continuing possessory right in an estate that includes the brine resources sought to be extracted through a brine production well.(30) Injection well--A well into which fluids are being injected.(31) Interested person--Any person who expresses an interest in an application, permit, or Class V spent brine return injection well.(32) Limited English-speaking household--A household in which all members 14 years and older have at least some difficulty with English.(33) Lithology--The description of rocks on the basis of their physical and chemical characteristics.(34) Mechanical integrity--A Class V spent brine return injection well has mechanical integrity if:(A) there is no significant leak in the casing, tubing, or packer (internal mechanical integrity); and(B) there is no significant fluid movement into a USDW through channels adjacent to the injection well bore as a result of operation of the injection well (external mechanical integrity).(35) Operator--A person, acting for itself or as an agent for others and designated to the Commission as the one who has the primary responsibility for complying with its rules and regulations in any and all acts subject to the jurisdiction of the Commission.(36) Packer--A device lowered into a well to produce a fluid-tight seal.(37) Person--A natural person, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(38) Plugging--The act or process of stopping the flow of water, oil, or gas into or out of a formation through a borehole or well penetrating that formation.(39) Plugging record--A systematic listing of permanent or temporary abandonment of water, oil, gas, test, exploration and waste injection wells. The listing may contain a well log, description of amounts and types of plugging material used, the method employed for plugging, a description of formations which are sealed and a graphic log of the well showing formation location, formation thickness, and location of plugging structures.(40) Pollution--The alteration of the physical, chemical, or biological quality of, or the contamination of, water that makes it harmful, detrimental, or injurious to humans, animal life, vegetation or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.(41) Pressure--The total load or force per unit area acting on a surface.(42) Schedule of compliance--A schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the applicable statutes and regulations. (43) Spent brine--Brine produced from a brine production well from which brine resources have been extracted. Spent brine may include non-hazardous process water and other additives used to facilitate brine resource extraction or reinjection.(44) Surface casing--The first string of well casing to be installed in the well.(45) Total dissolved solids--The total dissolved (filterable) solids as determined by use of the method specified in 40 CFR part 136.(46) Transmissive fault or fracture--A fault or fracture that has sufficient permeability and vertical extent to allow fluids to move beyond the confining zone.(47) Underground injection--Well injection.(48) UIC--Underground injection control.(49) UIC Program--The Underground Injection Control program under Part C of the Safe Drinking Water Act, including an \"approved State program\" as defined in 40 CFR §144.3.(50) Underground source of drinking water (USDW)--An aquifer or its portion which is not an exempted aquifer and which:(A) supplies any public water system; or(B) contains a sufficient quantity of ground water to supply a public water system and either:(i) currently supplies drinking water for human consumption; or(ii) contains fewer than 10,000 milligrams per liter total dissolved solids.(51) Well--A bored, drilled, or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension.(52) Well injection--The subsurface emplacement of fluids through a well.(53) Well plug--A watertight and gastight seal installed in a borehole or well to prevent movement of fluids.(54) Workover--An operation in which a down-hole component of a well is repaired or the engineering design of the well is changed. Workovers include operations such as sidetracking, the addition of perforations within the permitted injection interval, and the addition of liners or patches. For the purposes of this section, workovers do not include well stimulation operations.(c) General requirements.(1) A brine production project and all associated brine production wells and Class V spent brine return injection wells shall be permitted in accordance with the requirements of this section. No person may construct or operate such wells without a permit under this section.(2) Applications and reports shall be signed in accordance with this paragraph.(A) Applications. All applications shall be signed as follows:(i) for a corporation, by a responsible corporate officer. A responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or(ii) for a partnership or sole proprietorship, by a general partner or the proprietor, respectively.(B) Reports. All reports required by permits and other information requested by the Commission shall be signed by a person described in subparagraph (A) of this paragraph or by a duly authorized representative of that person. A person is a duly authorized representative only if:(i) the authorization is made in writing by a person described in subparagraph (A) of this paragraph;(ii) the authorization specifies an individual or position having responsibility for the overall operation of the regulated brine production project; and(iii) the authorization is submitted to the Commission before or together with any report of information signed by the authorized representative.(C) Certification. Any person signing a document under subparagraph (A) or (B) of this paragraph shall make the following certification: \"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or who are directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information.\"(3) Operators of all Class V spent brine return injection wells shall re-inject spent brine into the brine field from which the brine was produced.(4) All brine production wells and Class V spent brine return injection wells shall be drilled and completed or recompleted, operated, maintained, and plugged in accordance with the requirements of this section and the brine production project permit.(5) The Commission shall assign each brine production project a Commission lease number. All brine project operators shall ascertain from the appropriate schedule the lease number assigned to each separate brine production project, and thereafter include on each Commission-required form or report the exact brine production project name and its assigned number as they appear on the current schedule for all leases.(6) An applicant for or permittee of a brine production project and associated wells shall comply with the requirements of this chapter, including but not limited to:(A) §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements);(B) §3.5 of this title (relating to Application To Drill, Deepen, Reenter, or Plug Back);(C) §3.11 of this title (relating to Inclination and Directional Surveys Required);(D) §3.12 of this title (relating to Directional Survey Company Report);(E) §3.16 of this title (relating to Log and Completion or Plugging Reports)(F) §3.17 of this title (relating to Pressure on Bradenhead)(G) §3.18 of this title (relating to Mud Circulation Required);(H) §3.19 of this title (relating to Density of Mud-Fluid);(I) §3.36 of this title (relating to Oil, Gas, Brine, or Geothermal Resource Operation in Hydrogen Sulfide Areas);(J) §3.80 of this title (relating to Commission Oil and Gas Forms, Applications, and Filing Requirements); and(K) Chapter 4 of this title (relating to Environmental Protection).(7) In addition to the requirements of §3.13 of this title (relating to Casing, Cementing, Drilling, Well Control, and Completion Requirements), all wells associated with a brine production project shall use casing and cement designed to withstand the anticipated pressurization and formation fluids that are capable of negatively impacting the integrity of casing and/or cement such that it presents a threat to USDWs or oil, gas, or geothermal resources.(8) All operators of wells drilled and operated in association with a brine production project shall comply with the requirements of §3.14 of this title (relating to Plugging), §3.15 (relating to Surface Equipment Removal Requirements and Inactive Wells), and §3.35 (relating to Procedures for Identification and Control of Wellbores in Which Certain Logging Tools Have Been Abandoned), except that the operator shall plug all wells associated with a brine production project and remove all wastes, storage vessels, and equipment from the site within one year of cessation of brine production project operations.(9) All operators of wells drilled and operated in association with a brine production project shall comply with the requirements of §3.78 of this title (relating to Fees and Financial Security Requirements), as the requirements are applicable to brine production projects, except that, prior to spudding, the operator shall provide financial security in an amount estimated to plug each well in the brine production project after cessation of brine production project operations. Notwithstanding the provisions of §3.78(i) of this title, for an operator of a brine production project who has satisfied its financial security requirements by filing a cash deposit, the Commission shall refund to the operator the amount estimated to plug each well following its plugging if the amount of the deposit remaining after the refund would be sufficient to plug all remaining wells in the brine production project.(10) No person may knowingly make any false statement, representation, or certification in any application, report, record, or other document submitted or required to be maintained under this section or under any permit issued pursuant to this section, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this section or under any permit issued pursuant to this section.(d) Spacing, acreage, density and field rules; exceptions. (1) Spacing. All brine production wells and Class V spent brine return injection wells shall be completed within the brine production project area and no less than one-half mile from the boundary of the brine production project area and no less than one-half mile from any interest within the brine production project area that is not participating in the project, unless special field rules provide different spacing requirements or the applicant obtains an exception to this paragraph pursuant to paragraph (4) of this subsection.(2) Acreage and density.(A) An applicant for a brine production project permit shall designate and assign to the project acreage within the applicable brine field and indicate the total number of acres in the permit application required by subsection (e)(3) of this section. The minimum acreage is 1,280 acres per brine production well included in the brine production project unless special field rules provide different well density requirements or the applicant obtains an exception to this paragraph pursuant to paragraph (4) of this subsection.(B) Upon completion of a brine production well in a brine production project area and filing the completion report with the Commission, the applicant shall file a plat assigning acreage in the brine production project area to each brine production well. The total number of acres assigned to the brine production project area divided by the total number of brine production wells shall equal or exceed 1,280 acres unless special field rules provide different well density requirements or the applicant obtains an exception to the density requirements pursuant to paragraph (4) of this subsection.(C) An applicant shall not assign more than 5,120 acres in a brine field to a brine production well unless special field rules provide for different limits.(D) The two farthermost points of acreage assigned to a well shall not exceed 23,760 feet unless special field rules provide for a different limit, and the acreage assigned shall include all productive portions of the wellbore.(E) Multiple assignment of the same acreage in a brine field to more than one brine production well is not permitted. However, this limitation shall not prevent the reformation of brine production projects so long as:(i) no multiple assignment of acreage occurs; and(ii) such reformation does not violate other regulations.(F) The acreage included in a brine production project area shall consist of acreage for which the operator has a good faith claim to produce brine resources.(i) Non-contiguous acreage included in the same brine production project area may not be separated by greater than the minimum spacing distance for wells provided by paragraph (1) of this subsection, as altered by any applicable special field rules.(ii) An operator may obtain an exception to the contiguity requirements of clause (i) of this subparagraph pursuant to paragraph (4)(C) of this subsection.(G) The acreage limits provided by this paragraph are the minimum and maximum amounts of acreage in a brine field that may be assigned to an individual well at the operator's election and shall not be construed as a limit on the sizes of either a brine production project area or a pooled unit for production of brine resources. (3) Brine field designation and field rules.(A) Application for new brine field designation. A new brine field designation may be made by the Commission after a hearing after notice to all operators of brine production wells within a two-and one-half-mile radius of the brine discovery well. The applicant shall provide proper evidence proving that a well is completed in a new field.(i) The applicant shall submit a legible area map, drawn to scale, which shows the following:(I) all oil, gas, brine production, and abandoned wells within at least a two-and one-half-mile radius of the brine well claimed to be a discovery well;(II) the producing intervals of all wells identified in subclause (I) of this clause;(III) all Commission-recognized fields within a two and one-half mile radius of the brine well claimed to be a discovery well identified by Commission-assigned field names, names of the producing formations, and approximate average depth of the producing interval;(IV) the total depth of all wells identified in subclause (I) of this clause that penetrated the top of the proposed new field; and(V) scale, legend, and name of person who prepared the map.(ii) The applicant shall submit a list of the names and addresses of all operators of wells within a two-and one-half-mile radius of the brine discovery well.(iii) The applicant shall submit a complete electric log of the brine well. If the applicant contends the electric log is confidential by law, the applicant shall mark the log confidential. If the Commission receives a request under the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, for logs that have been designated confidential, the Commission will notify the filer of the request in accordance with the provisions of the PIA so that the filer can take action with the Office of the Attorney General to oppose release of the log.(iv) The applicant shall submit a bottom-hole pressure for brine production wells submitted on the appropriate form. This bottom-hole pressure may be determined by a pressure build-up test, drill stem test, or wire-line formation tester. Calculations based on fluid level surveys or calculations made on flowing wells using shut-in wellhead pressures may be used if no test data is available.(v) The applicant shall submit a subsurface structure map and/or cross sections, if separation is based on structural differences, including faulting and pinch-outs. The structure map shall show the contour of the top of the brine field and the lines of cross section. The cross sections shall be prepared from comparable electric logs (not tracings) with the wells, producing formation, and brine field identified. The engineer or geologist who prepared the map and cross section shall sign and seal them.(vi) The applicant shall submit reservoir pressure measurements or calculations, if separation is based on pressure differentials. (vii) The applicant shall submit core data, drillstem test data, cross sections of nearby wells, and/or production data estimating the fluid level, if separation is based on differences in fluid levels. The applicant shall obtain the fluid level data within 10 days of the potential test date.(viii) The applicant shall submit evidence that demonstrates that the new brine field is effectively separated from any other brine field or oil or gas field previously shown to be commercially productive. (B) Temporary brine field rules.(i) The Commission will accept applications for temporary brine field rule hearings for brine fields after the first well has been completed in a brine field.(ii) When requesting such hearings, the applicant shall furnish the Commission with a list of the names and addresses of all operators of wells within a two-and one-half-mile radius of the brine discovery well.(iii) At the hearing on the adoption of temporary brine field rules, the applicant bears the burden of establishing that each of the proposed temporary brine field rules is reasonably expected to protect freshwater resources, protect correlative rights, prevent waste of recoverable brine resources, and promote the production of additional brine resources in an orderly and efficient manner.(iv) Temporary brine field rules shall remain effective until:(I) 18 months after adoption; or(II) permanent brine field rules are adopted.(C) Permanent brine field rules.(i) After temporary brine field rules have been effective in a brine field for at least 12 months, the operator of a brine production well in the brine field subject to temporary brine field rules or the Commission may request a hearing to adopt permanent brine field rules for the brine field in which the operator's well is located.(ii) An operator requesting a hearing to adopt permanent brine field rules shall furnish the Commission a list of all operators within a two-and one-half-mile radius of the brine discovery well.(iii) If permanent field rules are not adopted, temporary field rules adopted under subparagraph (B) of this paragraph expire after 18 months and the statewide field requirements of this section apply to operations within the applicable brine field.(4) Exceptions to spacing, density, and contiguity requirements.(A) An exception to paragraph (1) of this subsection or paragraph (2)(A) - (C) of this subsection may be granted after at least 21 days' notice to all persons described in subparagraph (B) of this paragraph. An exception to paragraph (2)(F) of this subsection may be granted after at least 21 days' notice to all persons described in subparagraph (C) of this paragraph. If no person entitled to notice protests the request for an exception, the Commission may grant the exception administratively. If the Commission receives a timely protest, the Director shall forward the request for an exception to the Hearings Division to conduct a hearing. At a hearing on an exception, the burden shall be on the applicant to establish that an exception to this section is necessary either to prevent waste or to protect correlative rights.(B) In addition to the notice required under subsection (f) of this section, an applicant seeking an exception to the spacing or density requirements shall file with its application the names and mailing addresses of the following persons for tracts within the minimum spacing distance for the proposed well and the brine field:(i) the designated operator;(ii) all lessees of record for tracts with no designated operator; and(iii) all owners of record of unleased mineral interests.(C) In addition to the notice required under subsection (f) of this section, an applicant seeking an exception to the contiguity requirements of paragraph (2)(F) of this subsection shall file with its application the names and mailing addresses of the following persons for tracts located between the non-contiguous portions of its proposed project area that are farther apart than the minimum spacing distance for wells in the brine field:(i) the designated operator;(ii) all lessees of record for tracts with no designated operator; and(iii) all owners of record of unleased mineral interests.(D) If, after diligent efforts, the applicant is unable to ascertain the name and address of one or more persons required by this paragraph to be notified, then the applicant shall notify such persons by publishing notice of the application in a form approved by the Commission. The applicant shall publish the notice once each week for two consecutive weeks in a newspaper of general circulation in the county or counties in which the brine production project well will be located. The first publication shall be published at least 14 days before the protest deadline in the notice of application.(e) Brine production project permit application.(1) Any person who proposes to operate a brine production project shall submit to the Director an application for a brine production project permit. The application shall be made under this section or under special field rules governing the particular brine field, or as an exception thereto, and filed with the Commission on a form approved by the Commission.(2) An application for a brine production project permit shall be accompanied by an application for at least one injection well and shall include the information required by paragraph (3) of this subsection, as applicable. The applicant is not required to submit permit applications for the other individual brine production and Class V spent brine return injection wells at the time the applicant submits its application for a brine production project permit. Unless otherwise specified in the brine production project permit, once the brine production project permit has been issued, the operator may operate additional brine production wells and Class V spent brine return injection wells as part of the brine production project. The operator shall obtain permits for those wells prior to commencing operations. Requirements for obtaining a Class V spent brine return injection well permit are specified in paragraph (4) of this subsection. Notice in addition to the notice required for the brine production project by subsection (f) of this section is not required for the individual wells unless the operator requests an exception to the spacing, density, or acreage requirements or additional notice is required by the permit.(3) An application for a brine production project permit shall comply with the requirements of this paragraph.(A) The application shall include the name, mailing address, and physical location of the brine production project for which the application is submitted.(B) The application shall include the applicant's name, mailing address, telephone number, P-5 Organization Report number, and a statement indicating whether the applicant operator is the owner of the brine production project.(C) The application shall specify the proposed use or uses for the brine produced by the project.(D) The application shall specify the estimated maximum number of brine production wells and Class V spent brine return injection wells that will be operated within the brine production project.(E) The application shall designate the total number of acres included in the proposed brine production project area, which shall equal not less than 1,280 acres per brine production well unless special field rules provide otherwise.(F) The application shall specify the brine field from which the brine will be produced and spent brine reinjected, including the top and bottom depths of the field throughout the area of review.(G) The application shall include complete electric logs of representative brine production wells and Class V spent brine return injection wells or complete electric logs of representative nearby wells. On the logs, the applicant shall identify and indicate the depths of the geologic formations between the land surface and the top of the brine field.(H) The application shall include wellbore diagrams showing the completions that will be used for brine production wells and Class V spent brine return injection wells, including casing and liner sizes and depths and a statement indicating that such wells will be drilled, cased, cemented, and completed in accordance with the requirements of §3.13 of this title as those requirements may be revised by this section. The statement shall also include information to demonstrate that the casing and cement used in the completion of each brine production well and each Class V spent brine return injection well is designed to withstand the anticipated pressurization and formation fluids that are capable of negatively impacting the integrity of casing and/or cement such that it presents a threat to USDWs or oil, gas, or geothermal resources. The wellbore diagrams shall show the proposed arrangement of the downhole well equipment and specifications of the downhole well equipment. A single wellbore diagram may be submitted for multiple wells that have the same configuration, provided that each well with that type of configuration is identified on the wellbore diagram and the diagram identifies the deepest cement top for each string of casing among all the wells covered by that diagram.(I) The application shall include information to characterize the brine field from which the brine will be produced and into which the spent brine will be reinjected, including the following:(i) an isopach map showing thickness and areal extent of the brine field;(ii) lithology, grain mineralogy, and matrix cementing of the brine field;(iii) effective porosity of the brine field and the method used to determine effective porosity;(iv) vertical and horizontal permeability of the brine field and the method used to determine permeability;(v) the occurrence and extent of natural fractures and solution features within the brine production project;(vi) chemical and physical characteristics of the fluids contained in the brine field that may potentially impact casing or cement;(vii) the bottom hole temperature and pressure of the brine field;(viii) formation fracture pressure of the brine field, the method used to determine fracture pressure and the expected direction of fracture propagation. Calculations demonstrating injection of spent brine into the proposed brine field shall not exceed the fracture pressure gradient and information showing injection into the brine field will not initiate fractures through the confining zone;(ix) a description of the proposed well stimulation program, if applicable, including a description of the stimulation fluids, and a determination that the well stimulation will not compromise containment of the brine field;(x) the vertical distance separating the top of the brine field from the base of the lowest USDW;(xi) a demonstration, such as geologic maps and cross-sections, that the brine field into which the spent brine will be injected is the same formation from which the brine will be produced; and(xii) any other information necessary to characterize the brine field.(J) The application shall include information to characterize the proposed confining zone, including the following:(i) the geological name and the top and bottom depths of the formation making up the confining zone;(ii) an isopach map showing thickness and areal extent of the confining zone;(iii) lithology, grain mineralogy, and matrix cementing of the confining zone;(iv) the vertical distance separating the top of the confining zone from the base of the lowest USDW; and(v) any other information necessary to characterize the confining zone.(K) The application shall include the proposed operating data, including the following:(i) the maximum daily brine production rate;(ii) the maximum daily injection rate and maximum injection pressure; and(iii) the proposed test procedure to be used to determine mechanical integrity of the Class V spent brine return injection wells.(L) The application shall include a letter from the Geologic Advisory Unit of the Commission's Oil and Gas Division stating that the use of the brine field for the injection of spent brine will not endanger usable quality water or USDWs.(M) The application shall include an accurate plat with surveys of a scale sufficient to legibly show the entire extent of the area of review. The plat shall include the following:(i) the area of review outlined on the plat using either a heavy line or crosshatching;(ii) the location, to the extent anticipated at the time of the application, of each well within the brine production project area that the applicant intends to use for the brine production project including each existing well that may be converted to brine production or Class V spent brine return injection, each well the applicant intends to drill for brine production, each well the applicant intends to drill for project monitoring, and each Class V spent brine return injection well. If the wells are horizontal or deviated wells, the plat shall include the surface location of the proposed drilling site, penetration point, perforated casing or open hole through which brine will be produced or reinjected, terminus location, and a line showing the distance in feet from the perimeter of the area of review to the nearest point of extraction or injection on the lateral leg of the horizontal well;(iii) the type, location, and depth of all wells of public record within the area of review that penetrate the top of the brine field. The applicant shall include the following information with the map:(I) a tabulation of the wells showing the dates the wells were drilled and the current status of the wells;(II) completion records for all wells and plugging records for plugged and abandoned wells; and(III) a corrective action plan for any known wells in the area of review that penetrate the brine field and that may allow fluid migration into USDWs from the brine field for which the applicant cannot demonstrate proper completion, plugging, or abandonment. The Director may approve a phased corrective action plan;(iv) the geographic location information of the wells, including the Latitude/Longitude decimal degree coordinates in the WGS 84 coordinate system, a labeled scale bar, and indication of the northerly direction; and(v) a certification by a person knowledgeable of the facts pertinent to the application that the plat is accurately drawn to scale and correctly reflects all pertinent and required data.(N) The application shall include a plat showing:(i) the outline of the brine production project area;(ii) the operators of tracts in the brine production project area and tracts adjacent to the brine production project area;(iii) owners of all leases of record for tracts that have no designated operator in the brine production project area and within the brine field;(iv) owners of record of unleased mineral interests within the brine field for tracts in the brine production project area;(v) surface owners of tracts in the brine production project area; and(vi) the names and addresses of all persons listed in clause (ii) through (v) of this subparagraph. If the names and addresses of the persons in clause (ii) through (v) of this subparagraph cannot be included on the plat, the applicant shall include the names and addresses on a separate sheet attached to the plat. The applicant shall determine the names and addresses of the surface owners from the current county tax rolls or other reliable sources and shall identify the source of the list. If the Director determines that, after diligent efforts, the applicant has been unable to ascertain the name and address of one or more surface owners, the Director may waive the requirements of this subparagraph with respect to those surface owners.(O) The application shall include a subsurface structure map and/or cross sections, including faulting and pinch-outs. The structure map shall show the contour of the top of the brine field and the lines of cross section. The cross sections shall be prepared from comparable electric logs (not tracings) and shall identify the wells, brine field, and any hydrocarbon reservoir.(P) The application shall include a printed copy or screenshot showing the results of a survey of information from the United States Geological Survey (USGS) regarding the locations of any historical seismic events within a circular area of 100 square miles (a circle with a radius of 9.08 kilometers) centered around the proposed injection well location.(Q) The application shall include a certification that the applicant has a good faith claim to produce the brine resources for the tracts included in the brine production project area.(R) The application shall include a proposed plugging and abandonment plan.(S) The applicant shall ensure that, if required under Texas Occupations Code, Chapter 1001, relating to Texas Engineering Practice Act, or Chapter 1002, relating to Texas Geoscientists Practice Act, respectively, the geologic and hydrologic evaluations required under this section are conducted by a licensed professional engineer or geoscientist who shall affix the appropriate seal on the resulting report of such evaluations.(T) The application shall include any other information the Director may reasonably require to enable the Commission to determine whether to issue a permit for the brine production project, including the associated brine production wells and Class V spent brine return injection wells.(4) Prior to commencement of injection operations into any Class V spent brine return injection well within the brine production project area, the operator shall file an application for an individual well permit with the Commission in Austin. The individual well permit application shall include the following:(A) the well identification and, for a new well, a location plat;(B) the location of any well drilled within one-half mile of the injection well after the date of application for the brine production project permit and the status of any well located within one-half mile of the injection well that has been abandoned since the date the brine production project permit was issued, including the plugging date if such well has been plugged;(C) a description of the well configuration, including casing and liner sizes and setting depths, the type and amount of cement used to cement each casing string, depth of cement tops, and tubing and packer setting depths;(D) a description of any additives used in the brine production project and reinjected with the spent brine into the Class V spent brine return well;(E) an application fee in the amount of $100 per well; and(F) any other information required by the brine production project permit.(5) Criteria for exempted aquifers. An aquifer or a portion thereof which meets the criteria for an \"underground source of drinking water\" may be determined under 40 CFR §144.7 to be an \"exempted aquifer\" if it meets the criteria in paragraphs (a) through (c) of 40 CFR §146.4. The Commission adopts 40 CFR §144.7 and §146.4 by reference, effective February 18, 2025.(6) All individual Class V spent brine return injection wells covered by a brine production project permit shall be completed, operated, maintained, and plugged in accordance with the requirements of subsection (j) of this section and the brine production project permit.(f) Notice and hearing.(1) Notice to certain communities. The applicant shall identify whether any portion of the AOR encompasses an Environmental Justice (EJ) or Limited English-Speaking Household community using the most recent U.S. Census Bureau American Community Survey data. If the AOR incudes an EJ or Limited English-Speaking Household community, the applicant shall conduct enhanced public outreach activities to these communities, including a public meeting. Efforts to include EJ and Limited English-Speaking Household communities in public involvement activities in such cases shall include:(A) published meeting notice in English and the identified language (e.g., Spanish);(B) comment forms posted on the applicant's webpage and available at the public meeting in English and the identified language;(C) interpretation services accommodated upon request;(D) English translation of any comments made during any comment period in the identified language; and(E) to the extent possible, public meeting venues near public transportation.(2) Notice. The applicant for a brine production project permit shall give notice of the application as follows.(A) Persons to notify. The applicant for a brine production project permit shall notify:(i) operators on tracts adjacent to the brine production project area;(ii) owners of all leases of record for tracts that have no designated operator in the brine production project area and within the brine field;(iii) owners of record of unleased mineral interests in the brine production project area and within the brine field;(iv) all surface owners identified on the plat described in subsection (e)(3)(N)(v) of this section;(v) the city clerk or other appropriate city official of a city for which any portion falls within the brine production project area;(vi) the county clerk of any county or counties for which any portion falls within the brine production project area; and(vii) any other person designated by the Director.(B) Method of notice.(i) The applicant for a brine production project permit shall mail or deliver to persons listed in subparagraph (A) of this paragraph notice of the brine production project permit application in a form approved by the Commission. The applicant shall provide notice after staff determines than an application is complete pursuant to subsection (g)(1) of this section.(ii) The applicant shall publish notice of the brine production project permit application in a form approved by the Commission. The applicant shall publish the notice once each week for two consecutive weeks in a newspaper of general circulation of any county or counties for which any portion falls within the brine production project area. The first notice shall be published at least 14 days before the protest deadline in the notice of application. The applicant shall file with the Commission a publisher's affidavit or other evidence of publication. (C) Contents of notice. The notice shall be made using the form prescribed by the Commission, which shall include the following information:(i) the county or counties within which the brine production project area is located;(ii) a copy of the plat required by subsection (e)(3)(M) of this section;(iii) the name of the brine field;(iv) the depth to the top of the brine field;(v) the proposed life of the brine production project; and(vi) a statement that an affected person may file a protest within 30 days of the date of the notice and any interested person may submit comments to the Commission within 30 days of the date of the notice.(D) Notice of Class V spent brine return injection wells. Once an applicant complies with the notice required to obtain a brine production project permit and the permit has been issued, no notice shall be required when filing an application for an individual injection well permit for any Class V spent brine return injection well covered by the brine production permit unless otherwise provided in the permit or unless the individual injection well has an exception such that the injection well is located closer than one-half mile from the boundary of the brine production project, in which case notice shall be provided to any new entity located within the area of review for the injection well.(E) Notice of brine production well. Once an applicant complies with the notice required to obtain a brine production permit and the permit has been issued, no notice shall be required when filing an application for an individual brine production well permit for any brine production well covered by the brine production permit unless otherwise provided in the permit or unless an exception is requested.(3) Comments, protests, and requests for hearing. Notice of an application will allow at least 30 days for public comment. Beginning on the date of the notice, any affected person has 30 days to protest the application, and any interested person has 30 days to submit written comments.(4) Hearings.(A) The Commission shall hold a hearing when:(i) the Commission receives a written protest from an affected person within 30 days after notice of the application is given in accordance with this subsection;(ii) the Director denies the application and the operator requests a hearing within 30 days of the notice of administrative denial;(iii) the Director issues the permit and the operator requests a hearing to contest certain permit conditions; or(iv) the Director determines that a hearing is in the public interest.(B) Notice of a hearing will be given at least 30 days before the hearing. The public comment period under paragraph (3) of this subsection will automatically be extended to the close of any hearing under this paragraph.(C) At any hearing, the burden shall be on the applicant.(D) After hearing, the administrative law judge and technical examiner shall recommend final Commission action.(g) Commission action on permit applications.(1) Permitting procedures.(A) Initial permit application review. Upon receipt of an application for a permit, the Director will review the application for completeness. Within 30 days after receipt of the application, the Director will notify the applicant in writing whether the application is complete or deficient. A notice of deficiency will state the additional information necessary to complete the application, and a date for submitting this information. The application will be deemed withdrawn if the necessary information is not received by the specified date, unless the Director has extended this date upon request of the applicant. Upon timely receipt of the necessary information, the Director will notify the applicant that the application is complete. The Director will not begin processing a permit until the application is complete.(B) Administrative action on application. When no timely protest is received from an affected person, the Director may administratively grant an application for a brine production project permit, including the associated wells, if the applicant provides sufficient evidence to demonstrate that the brine production project will not endanger USDWs or human health or the environment.(2) Application for an amended permit. The permittee shall file an application to amend a brine production project permit if the permittee wishes to make substantial changes such as change the exterior boundaries of, or maximum number of wells authorized in, the brine production project area or alter permit conditions.(3) Permit application denial. If the Director administratively denies a permit application, a notice of administrative denial will be mailed to the applicant. The applicant will have a right to a hearing on request. At any such hearing, the burden shall be on the applicant. After hearing, the administrative law judge and technical examiner shall recommend final Commission action.(h) Modification, revocation and reissuance, and termination of permits. A permit may be modified, revoked and reissued, or terminated by the Commission either upon the written request of the operator or upon the Commission's initiative, but only for the reasons and under the conditions specified in this subsection. Except for minor modifications made under paragraph (2) of this subsection, the Commission will follow the applicable procedures in paragraph (1) of this subsection. In the case of a modification, the Commission may request additional information or an updated application. In the case of a revocation and reissuance, the Commission will require a new application. If a permit is modified, only the conditions subject to modification are reopened. The term of a permit may not be extended by modification. If a permit is revoked and reissued, the entire permit is reopened and subject to revision, and the permit is reissued for a new term.(1) Modification, or revocation and reissuance. The following are causes for modification, or revocation and reissuance:(A) when material and substantial alterations or additions to the brine production project occur after permit issuance and justify permit conditions that are different or absent in the existing permit;(B) the Commission receives new information;(C) the standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued;(D) the Commission determines good cause exists for modifying a compliance schedule, such as an act of God, strike, flood, materials shortage, or other event over which the operator has little or no control and for which there is no reasonably available remedy;(E) cause exists for terminating a permit under paragraph (3) of this subsection, and the Commission determines that modification, or revocation and reissuance, is appropriate; or(F) a transfer of the permit is proposed.(2) Minor modifications. With the permittee's consent, the Director may make minor modifications to a permit administratively, without following the procedures of paragraph (1) of this subsection. Minor modifications may only:(A) correct clerical or typographical errors, or clarify any description or provision in the permit, provided that the description or provision is not changed substantively;(B) require more frequent monitoring or reporting;(C) change construction requirements provided that any changes shall comply with the requirements of subsection (j)(4) of this section; or(D) allow a transfer of the permit where the Director determines that no change in the permit is necessary other than a change in the name of the permittee, provided that a written agreement between the current permittee and the new permittee containing a specific date for the transfer of permit responsibility, coverage, and liability has been submitted to the Commission.(3) Termination. The following are causes for terminating a permit during its term, or for denying a permit renewal application:(A) the permittee fails to comply with any condition of the permit or this section;(B) the permittee fails to disclose fully all relevant facts in the permit application or during the permit issuance process, or misrepresents any relevant fact at any time;(C) a material change of conditions occurs in the operation or completion of the well, or there are material changes in the information originally furnished; or(D) the Commission determines that the permitted injection endangers human health or the environment, or that pollution of USDWs is occurring or is likely to occur as a result of the permitted injection. (4) Duty to provide information. The permittee shall also furnish to the Commission, within a time specified by the Commission, any information that the Commission may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the Commission, upon request, copies of records required to be kept under the conditions of the permit.(i) Permit conditions.(1) Access by Commission. The permittee shall allow any member or employee of the Commission, on proper identification, to:(A) enter upon the premises where a regulated activity is conducted or where records are kept under the conditions of the permit;(B) have access to and copy, during reasonable working hours, any records required to be kept under the conditions of the permit;(C) inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and(D) sample or monitor any substance or parameter for the purpose of assuring compliance with the permit or as otherwise authorized by the Texas Water Code, §27.071, or the Texas Natural Resources Code, §91.1012.(2) Commission testing. The Commission may make any tests on any well at any time necessary for regulation of wells under this section, and the operator of such wells shall comply with any directives of the Commission to make such tests in a proper manner.(3) Duty to comply. The permittee shall comply with all conditions of the permit. Any permit noncompliance is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application.(4) Need to halt or reduce activity not a defense. It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.(5) Duty to mitigate. The permittee shall take all reasonable steps to minimize and correct any adverse effect on the environment resulting from noncompliance with the permit.(6) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, that are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate permittee staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up and auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.(7) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege. However, a valid permit is a property interest that may not be modified, suspended, or revoked without due process of law.(8) Financial assurance. The permit shall require the permittee to maintain financial responsibility and resources to plug and abandon all brine mining production wells and Class V spent brine return injection wells and to remove all wastes, storage vessels, and equipment from the site within one year of cessation of brine production operations. The permittee shall show evidence of such financial responsibility to the Director in accordance with the requirements of §3.78 of this title by submitting a cash deposit, an individual performance bond, a blanket performance bond, or letter of credit in a form prescribed by the Commission. Such cash deposit, bond, or letter of credit shall be maintained until the well is plugged in accordance with paragraph (16) of this subsection.(9) Duration. A permit issued under this section is effective for the duration of the brine production project. The Commission will review each permit issued pursuant to this section at least once every five years to determine whether just cause exists for modification, revocation and reissuance, or termination of the permit. The Commission may modify, revoke and reissue, or terminate a permit for just cause only after notice and opportunity for a hearing.(10) Transfers. A brine production project permit is not transferable to any person except by modification, or revocation and reissuance of the permit to change the name of the permittee and incorporate other necessary requirements associated with the permittee name change.(11) Permit renewal. Any person who has obtained a permit under this section and who wishes to continue to operate the brine production project and brine production wells after the permit expires shall file an application for a new permit at least 180 days before the existing permit expires, unless a later date has been authorized by the Director.(12) Permit actions. The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.(13) Compliance with permit. All brine production wells and Class V spent brine return injection wells shall be drilled, converted, completed, operated, or maintained in accordance with the brine production project permit.(14) Monitoring and records.(A) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.(B) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the permit application, for at least five years from the date brine production ceases. This period may be extended by the Commission at any time.(C) Records of monitoring information shall include the date, exact place, and time of the sampling or measurements; the individuals who performed the sampling or measurements; the dates analyses were performed; the individuals who performed the analyses; the analytical techniques or methods used; and the results of the analyses.(15) Reporting and record retention.(A) The permittee shall submit to the Director, within the time specified by the Director, any information that the Director may reasonably request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept under the conditions of the permit.(B) The permittee shall retain records of all information required by the permit for at least five years from the date brine production ceases. This period may be extended by request of the Commission at any time.(C) The permittee shall file a report of the volumes of brine, oil, and gas produced by each brine production well during the preceding month. The permittee shall report the volumes of brine production on a form designated by the Commission. The permittee shall report oil or gas volumes on the Form PR, Monthly Production Report. Each report shall be filed with the Commission on or before the last day of the month following the period covered by the report.(D) The permittee shall notify the Director at such times as the permit requires before conversion or abandonment of a well associated with a brine production project.(E) The permittee shall report to the Commission any noncompliance, including any spills or leaks from brine receptacles or pipelines, that may cause waste or confiscation of property or endanger surface or subsurface water, human health or the environment.(i) An oral report shall be made to the appropriate district office immediately after the permittee becomes aware of the noncompliance.(ii) A written report shall be filed with the Director and the appropriate district office within five days of the time the permittee becomes aware of the noncompliance. The written report shall contain the following information:(I) a description of the noncompliance and its cause;(II) the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and(III) steps planned or taken to reduce, eliminate, and prevent recurrence of the noncompliance.(F) If the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or a report to the Commission, the permittee shall promptly submit the relevant facts or correct information.(16) Plugging. The operator of a brine production project shall plug all wells associated with the brine production project in accordance with the provisions of §3.14 of this title, except that the well shall be plugged within one year after cessation of the brine production project. For good cause, the Director may grant a reasonable extension of time in which to plug the wells if the operator submits a proposal that describes actions or procedures to ensure that the wells will not endanger USDWs during the period of the extension. (17) Identification. Each property that produces brine resources and each well associated with a brine production project and tank shall at all times be clearly identified as follows.(A) A sign shall be posted at the principal entrance to each such property which shall show the name by which the property is commonly known and is carried on the records of the Commission, the name of the permittee, and the number of acres in the property.(B) A sign shall be posted at each well site which shall show the name of the property, the name of the permittee, and the well number.(C) A sign shall be posted at or painted on each tank that is located on or serving each property, which signs shall show, in addition to the information provided for in subparagraph (A) of this paragraph, the Commission lease number for the formation from which brine in the tank is produced.(D) The signs and identification required by this section shall be in the English language, clearly legible, and in the case of the signs required by subparagraphs (A), (B), and (C) of this paragraph shall be in letters and numbers at least one inch in height.(18) Dikes or berms. Dikes or berms shall be erected and maintained around all permanent tanks, or battery of tanks, that are:(A) within the corporate limits of any city, town, or village;(B) closer than 500 feet to any highway or inhabited dwelling;(C) closer than 1,000 feet to any school or church; or(D) so located as to be deemed by the Commission to be an objectionable hazard.(19) Additional conditions. The Commission reserves the right to include additional permit conditions if it determines the conditions are necessary to ensure compliance with the requirements in this section and to prevent waste, prevent the confiscation of property, or prevent pollution.(j) Additional permit conditions for Class V spent brine return injection wells. In addition to the conditions in subsection (i) of this section, Class V spent brine return injection wells shall be subject to the following.(1) Unauthorized injection prohibited. No person may operate a Class V spent brine return injection well without obtaining a permit from the Commission under this section. No person may begin constructing a new Class V spent brine return injection well until the Commission has issued a permit to drill, deepen, plug back, or reenter the well under §3.5 of this title and a permit to operate the injection well under this section.(2) Injected fluid restricted to brine field. No person may operate a Class V spent brine return injection well in a manner that allows fluids to escape into USDWs from the brine field from which it was produced. If fluids from a Class V spent brine return injection well are migrating out of the brine field into USDWs, the permittee shall immediately cease injection operations in the well or wells most proximate to the location where fluids have been detected in USDWs and perform the necessary corrective action or plug the injection well.(3) Permit standards. No person may operate a Class V spent brine return injection well in a manner that allows fluid to escape from the permitted brine field or the movement of fluids containing any contaminant into USDWs, if the presence of that contaminant may cause a violation of any primary drinking water regulation or may otherwise adversely affect the health of persons. If injected fluids migrate into USDWs, or cause formation fluid to migrate into USDWs, the permittee shall immediately cease injection operations. All permits for Class V spent brine return injection wells issued under this section shall include the conditions required by this section and any other conditions reasonably necessary to prevent the pollution of USDWs.(4) Construction requirements for Class V spent brine return injection wells. All Class V spent brine mining injection wells shall be drilled and completed or recompleted, operated, maintained, and plugged in accordance with the requirements of this section and the Class V spent brine return injection well permit.(A) Permits shall specify drilling and construction requirements to assure that the injection operations shall not endanger USDWs. No changes to the construction of a well may be physically incorporated into the construction of the well prior to approval of the modifications by the Director.(B) In addition to the casing and cementing requirements of §3.13 of this title, the operator shall:(i) for all newly drilled Class V spent brine return injection wells, drill a sufficient depth into the brine field to ensure that when the well is logged prior to setting the long string the operator will be able to identify the top of the brine field and verify that the fluid will be injected only into the brine field;(ii) set and cement surface casing from at least 100 feet below the lowermost base of usable quality water as defined by the Geologic Advisory Unit to the surface, regardless of the total depth of the well;(iii) set and cement long string casing at a minimum from the top of the brine field to the surface unless the Director approves an alternate completion for good cause; and(iv) determine the integrity of the cement by a cement bond log.(C) In order to provide the Commission with an opportunity to witness the setting and cementing of the surface casing and production casing (long string) and running of cement bond logs, the operator shall provide at least 48 hours' notice to the appropriate Commission district office.(D) Appropriate logs and other tests shall be conducted during the drilling and construction of a Class V spent brine return injection well to verify the depth to the top of the brine field, adequacy of cement behind the casing strings, and injectivity and fracture pressure of the brine field. A descriptive report interpreting the results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the Director. The logs and tests appropriate to each well shall be determined based on the depth, construction, and other characteristics of the well, the availability of similar data in the area, and the need for additional information that may arise as the construction of the well progresses.(E) The well shall be equipped with tubing and packer set within 100 feet of the top of the brine field.(F) The wellhead shall be equipped with a pressure observation valve on the tubing and for each annulus of the well.(G) Injection operations may not begin in any new Class V spent brine return injection well until the operator has submitted a completion report to the Director, and the Director has reviewed the completion report and found the well to be in compliance with this section and the conditions of the permit. If the permittee has not received notice from the Director that the well is in compliance with this section and the permit within 45 days of submission of the completion report, the permittee may begin injection operations.(5) Operating requirements. Class V spent brine return injection well permits will prescribe operating requirements, which shall at a minimum specify the following.(A) All Class V spent brine return injection shall be into the same brine field from which the brine was extracted by the brine production wells.(B) All injection shall be through tubing set on a packer. The packer shall be set within 100 feet of the top of the permitted injection interval. The Director will consider granting exceptions to this requirement for good cause and when the proposed completion of the well would still result in the protection of underground sources of drinking water and confinement of injected fluids. For wells that are approved for casing injection, the operator shall perform a casing pressure test against a temporary packer/plug to demonstrate mechanical integrity of the long string casing.(C) Except during well stimulation, injection pressure at the wellhead shall not exceed the maximum pressure calculated to assure that the injection pressure does not initiate new fractures or propagate existing fractures in the brine field and in no case may the injection pressure initiate fractures in the confining zone or cause the escape of injection or formation fluids from the brine field.(D) The operator shall fill the annulus between the tubing and long string casing with a corrosion inhibiting fluid. All injection wells shall maintain an annulus pressure sufficient to indicate mechanical integrity unless the Director determines that such requirement might harm the integrity of the well or endanger USDWs. The annulus pressure shall be monitored by a pressure chart or digital pressure gauge. The operator shall provide the Director with a written report and explanation of any change in annulus pressure that would indicate a leak or lack of mechanical integrity within 15 days of detecting the change in pressure. The Commission will consider any deviations that cannot be explained by factors such as temperature fluctuations or a reasonable margin of error to be an indication of the possibility of a significant leak and/or the possibility of significant fluid movement into a formation containing a USDW. An unsatisfactory explanation may result in a requirement that the well be tested for mechanical integrity.(E) For each workover of an injection well, the operator shall notify the appropriate Commission district office at least 48 hours prior to the beginning of the workover or corrective maintenance operations that involve the removal of the tubing or well stimulation, and a mechanical integrity test shall be run on the well after the workover is completed if the packer is unseated during the workover.(6) Corrective action. For all known wells in the area of review that penetrate the top of the brine field for which the operator cannot demonstrate proper completion, plugging, or abandonment, the Director will require corrective action if necessary to prevent movement of fluid into USDWs. Corrective action may be phased, if a phased corrective action plan has been approved by the Director.(7) Mechanical integrity of Class V spent brine return injection wells.(A) Mechanical integrity required. No person may perform injection operations in a Class V spent brine return injection well that lacks mechanical integrity. A well has mechanical integrity if:(i) there is no significant leak in the casing (internal mechanical integrity); and(ii) there is no significant fluid movement into a USDW through vertical channels adjacent to the wellbore (external mechanical integrity).(B) Mechanical integrity shall be demonstrated to the satisfaction of the Director. In conducting and evaluating the results of a mechanical integrity test, the operator and the Director shall apply procedures and standards generally accepted in the industry. In reporting the results of a mechanical integrity test, the operator shall include a description of the method and procedures used. In evaluating the results, the Director will review monitoring and other test data submitted since the previous mechanical integrity test.(C) Internal mechanical integrity. The permittee shall provide for a demonstration of internal mechanical integrity of the wellhead, casing, tubing, and annular seal assembly if present, using either a pressure test at a surface pressure of not less than 100 psig above the maximum expected operating surface pressure of the well or an equivalent test approved by the Director. The permittee shall provide a recording device to record the pressures measured during a mechanical integrity test.(D) External mechanical integrity. The permittee shall use one of the following methods to demonstrate the absence of significant fluid movement into USDWs through vertical channels adjacent to the Class V spent brine return injection wellbore:(i) the results of a temperature or noise log; or(ii) where the nature of the casing precludes the use of the logging techniques prescribed in clause (i) of this subparagraph, cementing records demonstrating the presence of adequate cement to prevent such movement.(E) Alternate methods. The Director may allow the use of a method of demonstrating mechanical integrity other than the methods listed in subparagraphs (C) and (D) of this paragraph with the approval of the administrator of EPA obtained pursuant to 40 CFR §146.8(d).(F) Calibration of pressure gauges. A permittee shall calibrate all pressure gauges used in mechanical integrity demonstrations according to the manufacturer's recommendations. A copy of the calibration certificate shall be submitted to the Director at the time of demonstration and every time the gauge is calibrated. A pressure gauge shall have a resolution so as to allow detection of at least one-half of the maximum allowable pressure change.(G) Timing of mechanical integrity testing.(i) Both internal and external mechanical integrity shall be demonstrated before injection operations begin.(ii) Internal mechanical integrity shall be demonstrated annually thereafter and after any workover that involves the removal of the tubing.(iii) External mechanical integrity shall be demonstrated every five years.(iv) The Director may require mechanical integrity testing if the Director has reason to believe that the well lacks mechanical integrity.(H) Notice of testing. The permittee shall notify the appropriate Commission district office orally at least 48 hours before performance of a mechanical integrity test.(I) Reporting of testing. The permittee shall file a complete record of the test with the Commission in Austin within 30 days after the test. A copy of the pressure record shall accompany the report. The report shall include evaluation of the test results by a person qualified to provide such an evaluation. Reports of mechanical integrity demonstrations using downhole logs shall be accompanied by an interpretation of the log by a person qualified to make such interpretations.(J) Failure to demonstrate mechanical integrity.(i) A well shall maintain mechanical integrity. If the permittee or the Director finds that the well fails to demonstrate mechanical integrity during a test, fails to maintain mechanical integrity during operation, or that a loss of mechanical integrity is suspected during operation, the permittee shall halt injection immediately unless the Director allows continued injection because the permittee establishes that injection can continue without endangering USDWs. Report of the failure of mechanical integrity shall be made orally to the Director within 24 hours from the time the permittee becomes aware of the failure. (ii) A written plan to restore mechanical integrity shall be submitted to the Director within 15 days of the failure to demonstrate mechanical integrity. The plan shall include a schedule and description of corrective action and a schedule for re-testing or plugging the well. The corrective action proposed in the plan shall be designed such that the completion of the well will comply with this section. The Director may witness any mechanical integrity demonstration. (iii) All wells that fail to pass a mechanical integrity test shall be repaired or plugged and abandoned within 90 days of the failure date. The 90-day timeline may be extended by the Director for good cause. The well shall be shut-in immediately after failure to pass the mechanical integrity test and shall remain shut-in until it passes a mechanical integrity test or is plugged and abandoned.(K) Testing deviations. The Commission will consider any deviations during testing that cannot be explained by factors such as temperature fluctuations or by the margin of error for the test used to determine mechanical integrity to be an indication of the possibility of a significant leak and/or the possibility of significant fluid movement into a formation containing a USDW.(8) Monitoring and records.(A) Monitoring requirements. Permits shall specify the following monitoring requirements:(i) the proper use, maintenance, and installation of monitoring equipment or methods;(ii) the type, intervals, and frequency of monitoring sufficient to yield data representative of the monitored activity, including continuous monitoring when appropriate;(iii) the reporting of monitoring results with a frequency dependent on the nature and effect of the monitored activity, but in no case less than annually; and(iv) any samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.(B) Record retention. The operator shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the permit application, for at least five years from the date brine production ceases. This period may be extended by request of the Commission at any time.(C) Monitoring record contents. Records of monitoring information shall include the date, exact place, and time of the sampling or measurements; the individuals who performed the sampling or measurements; the dates analyses were performed; the individuals who performed the analyses; the analytical techniques or methods used for the analyses; and the results of the analyses.(D) Signatory requirements. All reports and other information submitted to the Commission shall be signed and certified in accordance with subsection (c)(2) of this section.(E) Reporting requirements.(i) The operator shall notify the Commission and obtain Commission approval in advance of any planned changes to the brine production project, including any physical alternation or addition to the project and any change that may result in non-compliance with permit conditions.(ii) Monitoring results shall be reported at the intervals specified in the permit.(iii) Reports of compliance or noncompliance with the requirements contained in any schedule of compliance shall be submitted no later than 30 days after each scheduled date.(iv) The operator shall report to the Commission any noncompliance that may endanger USDWs, human health, or the environment.(I) An oral report shall be made to the appropriate Commission district office immediately after the operator becomes aware of the noncompliance.(II) A written report shall be filed with the Director within five days of the time the operator becomes aware of the noncompliance. The written report shall contain the following information:(-a-) a description of the noncompliance and its cause;(-b-) the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and(-c-) steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.(v) Information that shall be reported under this subparagraph includes the following:(I) any monitoring or any other information that indicates that any contaminant may endanger USDWs; and(II) any noncompliance with a permit condition or malfunction of the injection system that may cause fluid migration into or between USDWs.(F) Reporting errors. If the operator becomes aware that it failed to submit any relevant facts or report any noncompliance, or that it submitted incorrect information in a permit application or a report to the Director, then the operator shall promptly submit the relevant facts, report of noncompliance, or correct information as applicable. A report of noncompliance shall contain the information listed in subparagraph (E) of this paragraph.(9) Notice of workovers. The operator shall notify the appropriate Commission district office at least 48 hours before performing any workover or corrective maintenance operations that involve the unseating of the packer or well stimulation.(10) Additional conditions. The Commission may establish additional conditions on a case-by-case basis as required to provide for and assure compliance with the requirements specified in this section.(k) Violations; penalties.(1) Any well drilled or operated in violation of this section without a permit issued under this section shall be plugged.(2) Violations of this section may subject the operator to penalties and remedies specified in the Texas Water Code, Chapter 27, and the Natural Resources Code, Title 3.(3) The certificate of compliance for a brine production well may be revoked in the manner provided in subsections §3.73(d)-(g), (i)-(k) of this title (relating to Pipeline Connection; Cancellation of Certification of Compliance; Severance) for violations of this section.(l) Commission review of administrative actions. Administrative actions performed by the Director or Commission staff pursuant to this section are subject to review by the commissioners.(m) Federal regulations. All references to the CFR in this section are references to the 1987 edition of the Code. The following federal regulations are adopted by reference and can be obtained at the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78711: 40 CFR §§124.8(b), 124.10(c)(1)(viii), 124.10(d), and 146.8(d). Where the word \"director\" is used in the adopted federal regulations, it should be interpreted to mean \"commission.\" (n) Effective date. For the regulations pertaining to Class V spent brine return injection wells, this section becomes effective upon approval of the Commission's Class V Underground Injection Control (UIC) Program for spent brine return injection wells by the USEPA under the Safe Drinking Water Act, §1422 (42 United States Code §300h-1). For all other regulations, this section becomes effective as provided in Section 2001.001 et seq. of the Texas Government Code.", "sourceNote": "Source Note: The provisions of this §3.82 adopted to be\r\neffective February 18, 2025, 50 TexReg 835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89135", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.83", "label": "Tax Exemption for Two-Year Inactive Wells and Three-Year Inactive Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117873", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide a procedure by which an operator can obtain commission certification of a wellbore as a two-year inactive well or three-year inactive well in order to qualify for the tax exemptions provided for in the Tax Code, §§201.053, 202.052, and 202.056.(b) Definitions.(1) Two-year inactive well--A well that has not produced any hydrocarbons in more than one calendar month in the two years prior to the date of certification by the Commission under this section.(2) Three-year inactive well--A well that has not produced any hydrocarbons in more than one calendar month in the three years prior to the date of certification by the commission under this section.(3) Eligible well--Wells eligible under this section include those that:(A) were previous producing or injection wells that have not been plugged or abandoned; or(B) have been plugged and abandoned; or(C) are active injection wells.(4) Well--A wellbore with single or multiple completions.(c) Certification. The commission or its delegate may certify a well as a two-year inactive well or a three-year inactive well. If the commission or its delegate declines to certify a well administratively, the operator affected by this action may request a hearing.(d) Revocation of Certification. Certification of a two-year inactive well or a three-year inactive well may be revoked by the commission for cause which includes, but is not limited to, receipt of information by the commission that a certified well produced hydrocarbons in more than one calendar month in the applicable two or three years prior to certification, or if production from other wells is credited to the two-year inactive well or the three-year inactive well, or if a certified well is reported to the commission to be capable of production but is not capable of production. The Comptroller of Public Accounts will be notified of any revocation.(e) Certified Wells.(1) Three-year inactive wells. The commission may not certify a three-year inactive well under this section after February 29, 1996. Prior to applying to the Comptroller of Public Accounts for the tax incentives listed in subsection (a) of this section, the operator of a three-year inactive certified well shall file with the commission a test report showing productive capability for the well. Production is presumed to begin on this well test date. The certification remains with the well in the event of a change of operator or ownership.(2) Two-year inactive wells. The commission may not designate a two-year inactive well under this section after February 28, 2010. An application for two-year inactive well certification shall be made during the period of September 1, 1997, through August 31, 2009, to qualify for the tax exemption. Certification will be issued upon the filing of a test report showing the well's capability and an approval of application for certification. Production is presumed to begin on the well test date as reported on the appropriate report. The certification shall remain with the well in the event of a change of operator or ownership.", "sourceNote": "Source Note: The provisions of this §3.83 adopted to be effective November 23, 1993, 18 TexReg 8195; amended to be effective January 10, 1996, 20 TexReg 11119; amended to be effective July 21, 1998, 23 TexReg 7363; amended to be effective September 10, 2001, 26 TexReg 6869." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117873", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.84", "label": "Gas Shortage Emergency Response" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "103845", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section is to provide a means for a producer or purchaser to increase production and takes from wells in a field in response to an increase in demand caused by unforeseen events. This section outlines the commission's mechanisms for both determining that a gas shortage emergency exists, and responding to a gas shortage emergency.(b) The commission may, after notice and hearing, determine that a gas shortage emergency exists or has existed. The commission may also determine the duration of the emergency at such hearing. The commission shall issue notice when it has determined that a gas shortage emergency exists, or has existed, and when it determines the gas shortage emergency has ended or will end. In determining whether a gas shortage emergency exists or has existed, the commission shall consider any relevant information, including, but not limited to, the following:(1) notification from gas storage facilities that they are attaining maximum gas withdrawal rates;(2) notification from a gas utility, distributor, transporter, producer or purchaser that gas shortages have occurred or are anticipated; and(3) weather data.(c) Upon the commission's finding that a gas shortage emergency exists, or has existed, producers or purchasers shall be authorized to meet the increased demand for the duration of the gas shortage emergency as determined by the commission regardless of a well's assigned allowable or allowable status.(d) If inequities occur as a result of production authorized by subsection (c) of this section, an adjustment shall be made at the hearing in which production reported for the month of the gas shortage emergency is considered in setting future allowables. Such adjustment shall include the assignment of additional allowable to adequately protect correlative rights. The commission may determine the maximum amount of the supplemental allowable by multiplying the number of days of the gas shortage emergency period by the difference between the well's capability (as defined in §3.31 of this title (relating to Gas Reservoirs and Gas Well Allowable)) and the assigned allowable.", "sourceNote": "Source Note: The provisions of this §3.84 adopted to be effective September 13, 1994, 19 TexReg 6853; amended to be effective November 24, 2004, 29 TexReg 10728." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "103845", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.85", "label": "Manifest To Accompany Each Transport of Liquid Hydrocarbons by Vehicle" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176240", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Cargo manifest--One or more documents that together contain the information required by subsection (c) of this section. That part of a manifest which contains information unique to the particular transport being described (such as date and time of removal) must be part of a book, tablet, or series, wherein the documents are sequentially numbered.(2) Commission--The Railroad Commission of Texas.(3) Facility--Any place used to store, process, refine, reclaim, dispose of, or treat liquid hydrocarbons.(4) Lease--A well producing oil, gas, or oil and gas, and any group of contiguous wells producing oil, gas, or oil and gas of any number operated as a producing unit.(5) Liquid hydrocarbons--Unrefined oil or condensate, and refined oil or condensate to be blended with unrefined liquid hydrocarbons.(6) Oil tanker vehicle--A motor vehicle licensed for highway use on a public highway or used on a public highway:(A) that is equipped with, carrying, pulling, or otherwise transporting an assembly, compartment, tank, or other container that is used for transporting, hauling, or delivering liquids; and(B) that is being used to transport liquid hydrocarbons on a public highway.(7) Public highway--A way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel, even if the way or place is temporarily closed for the purpose of construction, maintenance, or repair.(8) Transporter--Each gatherer, storer, or other handler of liquid hydrocarbons who moves or transports those liquid hydrocarbons by truck or other motor vehicle, provided however, that the provisions of this rule do not apply to:(A) common carriers as defined in the Natural Resources Code, Chapter 111; or(B) the movement of salt water, brine, sludge, drilling mud, or other liquid or semiliquid material if the commission has authorized the entity to move such material and such material contains less than 7.0% liquid hydrocarbon, by volume, or if not authorized by the commission, the movement is not for hire and the material moved does not contain more than 7.0% liquid hydrocarbons by volume.(b) A cargo manifest must be carried in each oil tanker vehicle transporting liquid hydrocarbons on a public highway in this state and must be presented on request for inspection as provided by subsection (f) of this section.(c) For each load of liquid hydrocarbons loaded onto and transported by an oil tanker vehicle, the cargo manifest must include:(1) an identification of the lease or facility from which the liquid hydrocarbons were removed, which must include:(A) the lease or facility name; and(B) the name of the operator of the lease or facility;(2) the total quantity of liquid hydrocarbons removed from the lease or facility and loaded onto the oil tanker vehicle; provided that for purposes of indicating quantity on the copy of the manifest left with the lease operator, top and bottom gauges will suffice. On the other copies, an estimate in barrels must be included;(3) the date and hour when the liquid hydrocarbons were removed from the lease or facility and loaded onto the oil tanker vehicle;(4) the identity of the transporter which must include;(A) the company or individual transporter's name and address;(B) the oil tanker vehicle driver's name; and(C) a unique number for the oil tanker vehicle that for a truck tractor and semitrailer type oil tanker vehicle must include unique vehicle numbers for both truck tractor and semitrailer; and(5) the intended point of destination for the liquid hydrocarbons, including the name of the receiving facility.(d) Copy of manifest to be left at the lease.(1) A copy of the cargo manifest must be left at the lease or facility from which the liquid hydrocarbons were removed or delivered to the lease or facility operator, his agent, or his representative.(2) The requirements of this section may be met by leaving a separate document at the lease or facility from which the liquid hydrocarbons were removed or by delivering to the lease or facility operator a separate document that includes information required under subsection (c)(1)-(3) and (4)(A) and (B) this section.(3) If more than one load of liquid hydrocarbons is removed from a single tank or other container of liquid hydrocarbons within a period of 24 consecutive hours, subsection (c)(2) and (3) of this section may be met for purposes of this section by a separate document that includes:(A) the total quantity of liquid hydrocarbons removed;(B) the date and hour the first load was removed; and(C) the date and hour the last load was removed.(4) If the operator of a facility requires that a transporter leave at the facility or deliver to the operator a document other than the transporter's cargo manifest, a transporter may meet the requirements of this section by leaving those specified documents at an agreed location or delivering the document to the operator.(e) After the delivery of all liquid hydrocarbons in an oil tanker vehicle is completed, the cargo manifest must be maintained in the records of the transporter for a period of not less than two years from the date the liquid hydrocarbons are removed from the oil tanker vehicle.(f) Upon request from a commission agent or other law enforcement official the transporter must produce the cargo manifest for inspection immediately, whether it is on an oil tanker vehicle or in the records of the transporter. Copies of cargo manifests must be filed with the commission, upon request from the commission.(g) Companies or individuals who do not have organization reports (Form P-5) on file with the Railroad Commission, as required by §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirement (commonly referred to as Statewide Rule 1)), may not issue cargo manifests.(h) Every truck or other vehicle covered by this section shall bear on both sides thereof the name of the company or individual responsible for such transportation, the number of the vehicle, and the number of the certificate or permit authorizing the service. In the case of vehicles not for hire, this number shall be the company's organizational report (P-5) number. The identifying signs shall be printed in letters not less than two inches in height, in sharp color contrast to the background, and shall be plainly legible for a distance of at least 50 feet.", "sourceNote": "Source Note: The provisions of this §3.85 adopted to be effective August 25, 2003, 28 TexReg 6816." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176240", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.86", "label": "Horizontal Drainhole Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223584", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Correlative interval--The depth interval designated by the field rules or by new field designation on Form P-7 (New Field Designation). (2) First take point--The take point in a horizontal drainhole well nearest to the point where the drainhole penetrates the top of the correlative interval. The first take point may be at a location different from the penetration point. (3) Horizontal drainhole--That portion of the wellbore drilled in the correlative interval, between the penetration point and the terminus. (4) Horizontal drainhole displacement--The calculated horizontal displacement of the horizontal drainhole from the first take point to the last take point. (5) Horizontal drainhole well--Any well that is developed with one or more horizontal drainholes having a horizontal drainhole displacement of at least 100 feet. (6) Last take point--The take point in a horizontal drainhole well nearest the terminus. The last take point may be at a location different from the terminus.(7) Nonperforation zone (NPZ)--A portion of a horizontal drainhole well within the field between the first take point and the last take point that the operator has intentionally designated as containing no take points pursuant to the spacing requirements in §3.37 of this title (relating to Statewide Spacing Rule). (8) Penetration point--The point where the drainhole penetrates the top of the correlative interval. (9) Record well--The single horizontal drainhole within a stacked lateral well designated by the operator as the record well for reporting purposes.(10) Stacked lateral well--A horizontal drainhole well in which the following conditions are met:(A) there are two or more horizontal drainhole wells on the same lease, pooled unit, or unitized tract at different depths within the correlative interval for the field;(B) the horizontal drainholes are drilled from different surface locations;(C) all take points of a stacked lateral well's horizontal drainholes are within a rectangular area the width of which is 660 feet, and the length of which is 1.2 times the distance between the first and last take points of the record well;(D) all horizontal drainholes are tested independently and have the same classification (i.e., gas or oil). Only horizontal drainholes of the same classification are eligible to be designated as a stacked lateral well; and(E) there is only one operator for the stacked lateral well.(11) Take point in a horizontal drainhole well--Any point along a horizontal drainhole where oil and/or gas can be produced from the correlative interval. (12) Terminus--The farthest point required to be surveyed along the horizontal drainhole from the penetration point and within the correlative interval. (13) Unconventional fracture treated (UFT) field--A field designated by the Commission under subsection (i) of this section for which horizontal well development and hydraulic fracture treatment (as defined in §3.29(a)(15) and (16) of this title (relating to Hydraulic Fracturing Chemical Disclosure Requirements)) must be used in order to recover resources from all or a part of the field and which may include the drilling of vertical wells along with the drilling of horizontal wells. (b) Drainhole spacing. (1) No take point on a horizontal drainhole shall be located nearer than 1,200 feet (horizontal displacement), or other between-well spacing requirement under applicable rules for the field, to any take point along any other horizontal drainhole in another well, or to any other well completed or permitted in the same field on the same lease, pooled unit, or unitized tract. (2) No take point on a horizontal drainhole shall be located nearer than 467 feet, or other lease-line spacing requirement under applicable rules for the field, from any property line, lease line, or subdivision line. (3) All wells developed with horizontal drainholes shall otherwise comply with §3.37 of this title (relating to Statewide Spacing Rule), or other applicable spacing rules. (4) If the drilling permit application indicates that there will be one or more NPZs, then the as-drilled plat filed after completion of the well shall be certified by a person with knowledge of the facts pertinent to the application that the plat is accurately drawn to scale and correctly reflects all pertinent and required data. In addition to the information required under subsection (f) of this section, the certified as-drilled plat shall include:(A) the as-drilled track of the wellbore;(B) the location of each take point on the wellbore;(C) the boundaries of any wholly or partially unleased tracts within the distance permitted under §3.37 of this title or applicable special field rules of the wellbore; and(D) notations of the shortest distance from each wholly or partially unleased tract within the distance permitted under §3.37 of this title or applicable special field rules of the wellbore to the nearest take point on the wellbore.(5) To comply with the spacing requirements set forth in paragraph (3) of this subsection, the take-points along the as-drilled location of a properly permitted horizontal drainhole shall fall within a rectangle established as follows:(A) two sides of the rectangle are parallel to the permitted drainhole and 50 feet or 10% of the minimum distance to any property line, lease line or subdivision line, whichever is greater, on either side of the drainhole; and(B) the other two sides of the rectangle are perpendicular to the sides described in subparagraph (A) of this paragraph, with one of those sides passing through the permitted first take point and the other side passing through the permitted last take point.(6) Prior to perforating the wellbore within an approved NPZ, the operator must amend the permit to authorize perforations within the originally-approved NPZ. (c) Well densities. All wells developed with horizontal drainholes shall comply with §3.38 of this title (relating to Well Densities) or other applicable density rules. (d) Proration and drilling units. (1) Acreage may be assigned to each horizontal drainhole well for the purpose of allocating allowable oil or gas production up to the amount specified by applicable rules for a proration unit for a vertical well plus the additional acreage assignment as provided in this paragraph. Attached Graphic(2) Assignment of acreage to proration and drilling units for horizontal drainhole wells shall comply with §3.40 of this title (relating to Assignment of Acreage to Pooled Development and Proration Units). (3) All proration and drilling units shall consist of continuous and contiguous acreage and proration units shall consist of acreage that can be reasonably considered to be productive of oil or gas. (4) The maximum daily allowable assigned to a horizontal well shall comply with the table in subsection (d)(1) of this section and the maximum daily allowable specified by paragraph (5) of this subsection, unless special field rules specify different requirements for acreage or maximum daily allowable. (5) The maximum daily allowable for a horizontal drainhole well in a designated UFT field shall be 100 barrels of oil for each acre that is assigned to an oil well for allowable purposes, or 600 Mcf of gas for each acre that is assigned to a gas well for allowable purposes. This paragraph does not affect suspension of the allocation formula under §3.31(j) of this title (relating to Gas Reservoirs and Gas Well Allowable). The maximum daily allowable for a horizontal drainhole well in a field that has not been designated as a UFT field shall be determined by multiplying the applicable allowable for a vertical well in the field with a proration unit containing the maximum acreage authorized by the applicable rules for the field, exclusive of tolerance acreage, by a fraction: (A) the numerator of which is the acreage assigned to the horizontal drainhole well for proration purposes; and (B) the denominator of which is the maximum acreage authorized by the applicable field rules for proration purposes, exclusive of tolerance acreage. The daily oil allowable shall be adjusted in accordance with §3.49(a) of this title (relating to Gas-Oil Ratio), when applicable. (6) All points on the horizontal drainhole from the first take point to the terminus shall be within the proration and drilling unit. If the penetration point is located on an offsite tract, the conditions prescribed in subsection (g) of this section shall be met before the drilling permit application is submitted to the Commission. (e) Multiple drainholes allowed. (1) A single well may be developed with more than one horizontal drainhole originating from a single vertical wellbore. (2) A horizontal drainhole well developed with more than one horizontal drainhole shall be treated as a single well. (3) The horizontal drainhole displacement used for calculating additional acreage assignment for a well completed with multiple horizontal drainholes shall be the horizontal drainhole displacement of the longest horizontal drainhole plus the projection of any other horizontal drainhole on a line that extends in a 180 degree direction from the longest horizontal drainhole. (f) Stacked lateral wells.(1) For oil and gas wells, stacked lateral wells within the correlative interval for the field may be considered a single well for density and allowable purposes, at an operator's discretion. If an operator chooses to designate horizontal drainholes as a stacked lateral well, the operator shall designate:(A) one horizontal drainhole within the stacked lateral well as the record well. An operator may change the record well designation to another wellbore by filing amended drilling permit applications and completion reports for the previous and the new record well; and(B) all points, from the first take point to the last take point, of the record well for a stacked lateral well are within the proration and drilling unit designated for that well. Notwithstanding paragraph (4) of this subsection, all points from the first take point to the last take point of any other horizontal drainhole comprising the stacked lateral well are not required to be within the proration and drilling unit designated for the record well so long as they otherwise comply with the requirements of this section and any applicable lease line spacing rules.(2) For the purpose of assigning additional acreage to the stacked lateral well, the horizontal drainhole displacement shall be calculated based on the distance from the first take point to the last take point in the horizontal drainhole for the record well, regardless of the horizontal drainhole displacement of other horizontal drainholes of the stacked lateral well.(3) Each surface location of a stacked lateral well shall be permitted separately and assigned an API number. When applying for a drilling permit for a stacked lateral well, the operator shall:(A) identify each surface location of such well as a stacked lateral well on the Form W-1 drilling permit application;(B) identify on the plat any other existing, or applied for, horizontal drainholes comprising the stacked lateral well being permitted; and(C) depict on the plat a rectangle described in subsection (a)(10)(C) of this section indicating the lateral boundaries of the stacked lateral well.(4) Each horizontal drainhole of a stacked lateral well shall comply with: the applicable minimum spacing distance under §3.37 of this title or any applicable special field rules for any lease, pooled unit or property line; and the applicable minimum between well spacing distance under §3.37 of this title or any applicable special field rules for any different well, including all horizontal drainholes of any other stacked lateral well, on the same lease or pooled unit in the field. An operator may seek an exception to §3.37 or §3.38 of this title for stacked lateral wells in accordance with the Commission's rules in this chapter or any applicable special field rule. There are no maximum or minimum distance limitations between horizontal drainholes of a stacked lateral well in a vertical direction.(5) An operator shall file separate completion forms for each surface location of the stacked lateral well. An operator shall also file a certified plat showing the as-drilled location for each surface location of a stacked lateral well. The certified as-drilled plat shall:(A) show each horizontal drainhole from each surface location; and(B) depict on the plat a rectangle described in subsection (a)(10)(C) of this section indicating the lateral boundaries of the stacked lateral well.(6) In addition to the record well, each surface location of a stacked lateral well shall be listed on the proration schedule, but no allowable shall be assigned for an individual surface location. Each surface location of a stacked lateral well shall be required to have a separate well status report (Form G-10 or Form W-10, as applicable) and the sum of all horizontal drainhole test rates shall be reported as the test rate for the record well.(7) An operator shall report all production from horizontal drainholes included as a stacked lateral well on the production report that includes the record well. Production reported for a record well shall equal the total production from all of the horizontal drainholes comprising the stacked lateral well. An operator shall measure the production from each surface location of a stacked lateral well. An operator shall measure the full well stream with the measurement adjusted for the allocation of condensate based on the gas to liquid ratio established by the most recent Form G-10 test rate for that surface location. The gas and condensate production shall be identified by individual API number, and recorded and reported on the \"Supplementary Attachment to Form PR\".(8) If the field is designated as absolute open flow (AOF) pursuant to §3.31(j) of this title and that designation is removed, the Commission shall assign a single gas allowable to each record well classified as a gas well. The assigned allowable may be produced from any one, all, or a combination of the horizontal drainholes that constitute the stacked lateral well.(9) An operator shall file Form W-3A, Notice of Intention to Plug and Abandon, and Form W-3, Well Plugging Report, for each horizontal drainhole within the stacked lateral well as required by §3.14 of this title (relating to Plugging).(10) In order to maintain a single operator of record for a stacked lateral well, a certificate of compliance changing the designation of an operator for a horizontal drainhole in a stacked lateral well pursuant to §3.58 of this title (relating to Certificate of Compliance and Transportation Authority; Operator Reports) may only be approved if certificates of compliance designating the same operator have been filed for all horizontal drainholes within the stacked lateral well.(11) An operator may remove a horizontal drainhole from a designated stacked lateral well by filing an amended drilling permit application and a completion report. If the horizontal drainhole being removed is the record well for the stacked lateral and there are still multiple horizontal drainholes remaining within the designated stacked lateral well, then the operator shall designate a new record well for the stacked lateral well prior to removing the existing record well from the designated stacked lateral well. (g) Drilling applications and required reports. (1) Application. Any intent to develop a new or existing well with horizontal drainholes must be indicated on the application to drill. An application for a permit to drill a horizontal drainhole shall include the fees required by §3.78 of this title (relating to Fees and Financial Security Requirements), and shall be certified by a person acquainted with the facts, stating that all information in the application is true and complete to the best of that person's knowledge. If the penetration point on the proposed horizontal drainhole is located on an offsite tract, the following conditions shall be met prior to submission of the application to drill: (A) The applicant shall give written notice by certified mail, return receipt requested, to all mineral owners of any offsite tracts through which the proposed wellbore path traverses from the point of penetration. The notice shall identify the proposed well, include a plat clearly depicting the projected path of the entire wellbore, and allow the party notified not less than 21 days to object to the proposed offsite tract penetration. Notice of offsite tract penetration is not required if:(i) written waivers of objection are received by the applicant from all mineral owners of any offsite tracts and the waivers are attached to the drilling permit application; or(ii) the applicant is the only mineral owner of any offsite tracts.(B) For purposes of this subsection, the mineral owners of any offsite tracts through which the proposed wellbore path traverses from the point of penetration include:(i) the designated operator;(ii) all lessees of record for any offsite tracts which have no designated operator; and(iii) all owners of unleased mineral interests where there is no designated operator or lessee.(C) In the event the applicant is unable after due diligence to locate the whereabouts of any person to whom notice is required by this subsection, the applicant shall publish notice of this application pursuant to Chapter 1 of this title (relating to Practice and Procedure).(D) If any mineral owner of an offsite tract objects to the location of the penetration point, the applicant may request a hearing to demonstrate the necessity of the location of the penetration point of the well to prevent waste or to protect correlative rights.(E) If any person specified in subparagraph (B) of this paragraph did not receive notice as required in subparagraph (A) of this paragraph, that person may request a hearing. If the Commission determines at a hearing that the applicant did not provide the notice as required by subparagraph (A) of this paragraph, the Commission may cancel the permit.(F) To mitigate the potential for wellbore collisions, the applicant shall provide copies of any directional surveys to the parties entitled to notice under this section, upon request, within 15 days of the applicant's receipt of a request. (2) Drilling unit plat. The application to drill a horizontal drainhole shall be accompanied by a plat as required by §3.5(h) of this title (relating to Application to Drill, Deepen, Reenter, or Plug Back). (A) For fields that require a proration unit plat, in addition to the plat requirements provided for in §3.5(h) of this title, the plat shall include the lease, pooled unit or unitized tract, showing the acreage assigned to the drilling unit for the proposed well and the acreage assigned to the drilling units for all current applied for, permitted, or completed oil, gas, or oil and gas wells on the lease, pooled unit, or unitized tract. (B) An amended drilling permit application and plat shall be filed after completion of the horizontal drainhole well if the Commission determines that the drainhole as drilled is not reasonable with respect to the drainhole represented on the plat filed with the drilling permit application. A horizontal drainhole, as drilled, shall be considered reasonable with respect to the drainhole represented on the plat filed with the drilling permit application if the take points on the as-drilled plat comply with subsection (b)(4) and (5) of this section and with any applicable lease line spacing rules. (3) Directional survey. A directional survey from the surface to the farthest point drilled on the horizontal drainhole shall be required for all horizontal drainholes. The directional survey and accompanying reports shall be conducted and filed in accordance with §3.11 and §3.12 of this title (relating to Inclination and Directional Surveys Required, and Directional Survey Company Report, respectively). No allowable shall be assigned to any horizontal drainhole well until an acceptable directional survey and survey plat has been filed with the Commission. (4) Proration unit plat. The required proration unit plat must depict the lease, pooled unit, or unitized tract, showing the acreage assigned to the proration unit for the horizontal drainhole well, the acreage assigned to the proration units for all wells on the lease, pooled unit, or unitized tact, and the path, penetration point, take points, and terminus of all drainholes. No allowable shall be assigned to any horizontal drainhole well until an acceptable proration unit plat has been filed with the Commission. Proration unit plats are not required for wells in a designated UFT field. However, an operator of a well in a designated UFT field may file a proration unit plat along with Form P-16. Designated UFT fields have no maximum diagonal limit. (5) As-drilled plat. An as-drilled plat is required for each horizontal drainhole well. The as-drilled plat for each horizontal drainhole well shall show the surface location, actual wellbore path, penetration point, terminus, and first and last take points of the horizontal drainhole. If the drilling permit for the horizontal drainhole well is approved with one or more NPZs, the as-drilled plat shall show the nearest take point on either side of each NPZ. (6) Plat requirements. All plats required by this section shall be prepared using blue or black ink and shall include a certification by a professional land surveyor registered in accordance with Texas Occupations Code, Chapter 1071, relating to Land Surveyors, or by a registered professional engineer registered in accordance with Texas Occupations Code, Chapter 1001, relating to Professional Engineers.(h) Exceptions and procedure for obtaining exceptions. (1) The Commission may grant exceptions to this section in order to prevent waste, prevent confiscation, or to protect correlative rights. (2) If a permit to drill a horizontal drainhole requires an exception to this section, the notice and opportunity for hearing procedures for obtaining exceptions to the density provisions prescribed in §3.38 of this title shall be followed as set forth in §3.38(h) of this title. (3) For notice purposes, the Commission presumes that for each adjacent tract and each tract nearer to any point along the proposed or existing horizontal drainhole than the prescribed minimum lease-line spacing distance, affected persons include: (A) the designated operator; (B) all lessees of record for tracts that have no designated operator; and (C) all owners of record of unleased mineral interests. (i) UFT field designation criteria, application and approval procedures.(1) Criteria for UFT field designation.(A) Administrative UFT field designation. To be designated administratively as a UFT field, a field shall have the following characteristics:(i) the in situ permeability of at least one distinct producible interval within the field is 0.1 millidarcies or less prior to hydraulic fracture treatment, as determined by core data or other supporting data and analysis; and(ii) as to producing wells for which the Commission issued the initial drilling permit on or after February 1, 2012, that have been completed in the field, either:(I) there are at least five such wells of which at least 65% were drilled horizontally and completed using hydraulic fracture treatment; or(II) there are at least twenty-five such wells drilled horizontally and completed using hydraulic fracture treatment.(B) Alternative UFT field designation obtained through evidentiary hearing. If an applicant demonstrates in a hearing that reservoir characteristics exist other than the characteristics specified in subparagraph (A) of this paragraph such that horizontal drilling and hydraulic fracture treatment must be used in order to recover the resources from all or a part of the field and that UFT field designation will promote orderly development of the field, the hearings examiner may recommend to the Commission that the field be designated as a UFT field.(2) Procedures for UFT field designation.(A) Commission motion to designate a UFT field. The Commission may on its own motion propose that a field be designated as a UFT field upon written notice of the motion to all operators in the field.(i) If no written objection is filed within 21 days after the date the notice is issued, Commission staff may present a recommendation to the Commission regarding designation of the field as a UFT field.(ii) If the Commission receives a timely filed written objection, the Commission shall notify the operators in the field that an objection was received and allow any operator in the field 21 days to request a hearing. Pursuant to paragraph (1)(B) of this subsection, the operator requesting the hearing shall bear the burden of proof at the hearing. If no request to set the matter for hearing is received from an operator in the field, the Commission may either dismiss the matter or set the matter for hearing on its own motion. If the matter is set for hearing on the Commission's motion, the proponents of UFT field designation shall bear the burden of proof.(B) Operator application for UFT designation.(i) An operator may propose that a field be designated as a UFT field by submitting an application to the Commission that includes an affirmative statement that the field qualifies for designation as a UFT field and providing core data or other supporting data and analysis in support of that affirmative statement.(ii) If, on review of the completed application, Commission staff determines that the field meets the criteria in paragraph (1)(A) of this subsection, Commission staff shall notify all operators in the field that a UFT field designation order may be presented to the Commission for approval not less than 21 days after the date the notice is issued unless the Commission receives a written objection. If the applicant provides written waivers of objection from all operators in the field, then notice to the operators in the field shall not be required.(iii) If the Commission receives a timely filed written objection to the notice of the proposal to designate the field as a UFT field, or if Commission staff determines that the field does not qualify for designation as a UFT field, then the applicant for UFT field designation may request that the application be set for hearing.(iv) If the applicant requests a hearing, the Commission shall send a notice of hearing to all operators in the field proposed for designation as a UFT field at least 15 days in advance of the hearing.(v) Following a hearing on the request, the hearings examiner may present a recommendation to the Commission regarding the request to designate the field as a UFT field.(j) Effect of special field rules for UFT fields.(1) Special field rules for a UFT field shall prevail over all conflicting provisions of this chapter.(2) The Commission may on its own motion or on the motion of an operator in a field call a hearing to review the current special field rules applicable in a field that is designated or proposed to be designated as a UFT field and request amendment or rescission of any portion of the current field rules, in conjunction with such designation, so that the field is regulated with the appropriate combination of special field rules and the rules in this chapter to effectively and efficiently protect correlative rights and/or prevent waste.(3) The following provisions shall apply with respect to specific amendments to the special field rules for a UFT field.(A) A special field rule amendment hearing is not required for the following amendments:(i) reduction of the standard and/or optional density to one-half of the existing standard and/or optional density;(ii) deletion of the between-well spacing rule; or(iii) replacement of the allowable provided by special field rules with the allowable provided by §3.31 of this title, §3.45 of this title (relating to Oil Allowables), and subsection (d)(4) and (5) of this section.(B) To request one or more of the amendments listed in subparagraph (A) of this paragraph, the operator shall submit to the Commission a request for amendment and engineering and/or geological data to support the requested amendments. For each exhibit submitted, the operator shall include a written explanation showing that the requested amendment will result in the protection of correlative rights and/or the prevention of waste.(C) Upon receipt of a request for amendment, the Commission shall provide notice of the request to all operators in the field. If no written objection is filed within 21 days after the date the notice is issued, Commission staff may present a recommendation to the Commission regarding the requested amendment. If the Commission receives a timely filed written objection, the applicant may request a hearing to establish through the submission of competent evidence that the requested amendment is necessary for continued development of a designated UFT field, and will result in the protection of correlative rights and/or prevention of waste.(k) Exceptions to §3.38 for a well in a UFT field. To request an exception to §3.38 of this title for a well in a UFT field:(1) The operator shall submit to the Commission a written request for an exception to §3.38 of this title. The operator shall clearly state on the drilling permit application whether the density exception is sought under this subsection or through the provisions of §3.38 of this title.(2) The Commission shall send written notice of the request for an exception to §3.38 of this title filed under this subsection to any designated operators, lessees of record for tracts that have no designated operator, and all owners of unleased mineral interests:(A) within 600 feet from the location of a vertical well completed within the UFT field; or(B) within 600 feet from any take point on a horizontal well within the UFT field correlative interval.(3) Persons who have received notice pursuant to paragraph (2) of this subsection shall have 21 days from the date of issuance of the notice to file a written objection with the Commission.(4) If no timely filed written objection is received by the Commission, the applicant provides written waivers from all persons entitled to notice under paragraph (2) of this subsection, or there are no persons entitled to notice, then the application may be approved administratively without the requirement of filing supporting data.(5) If a timely filed written objection is received by the Commission, the applicant may request a hearing, at which the applicant shall show that the proposed exception to §3.38 of this title is necessary to effectively drain an area of the UFT field that will not be effectively drained by existing wells or to prevent waste or confiscation. Notice of a hearing for a protested exception application under §3.38 of this title for a well in a UFT field will be provided to those persons entitled to notice of such an application as specified in paragraph (2) of this subsection.(6) Permits granted pursuant to paragraphs (1) - (5) of this subsection shall be issued as exceptions to §3.38 of this title.(7) Nothing in this subsection prevents an operator from electing to apply for and obtain a density exception under the provisions of §3.38 of this title rather than the provisions of paragraphs (1) - (6) of this subsection.(l) Tubing requirements for completions in UFT fields. An operator of a flowing oil well in a UFT field may obtain a six-month exception to the requirement in §3.13(b)(4)(A) of this title (relating to Casing, Cementing, Drilling, Well Control, and Completion Requirements) that flowing oil wells shall be produced through tubing. The exception may be granted administratively. A revised completion report shall be filed once the oil well has been equipped with the required tubing string to reflect the actual completion configuration.(1) For good cause shown, including a showing that the well is flowing at a pressure in excess of 300 psig surface wellhead flowing pressure, an operator may obtain from the District Director one or more extensions to the six month exception. Each extension shall be no more than six months in duration. If the request for an extension is denied, the operator may request a hearing. If a hearing is requested, the exception shall remain in effect pending final Commission action on the request for an extension.(2) This subsection applies to new drills, reworks, recompletions, or new fracture stimulation treatments for any flowing oil well in the field.", "sourceNote": "Source Note: The provisions of this §3.86 adopted to be effective June 1, 1990, 15 TexReg 2635; amended to be effective July 10, 2000, 25 TexReg 6487; amended to be effective June 11, 2001, 26 TexReg 4088; amended to be effective September 1, 2004, 29 TexReg 8271; amended to be effective February 1, 2016, 41 TexReg 785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223584", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.91", "label": "Cleanup of Soil Contaminated by a Crude Oil Spill" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117874", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Free oil--The crude oil that has not been absorbed by the soil and is accessible for removal.(2) Sensitive areas--These areas are defined by the presence of factors, whether one or more, that make an area vulnerable to pollution from crude oil spills. Factors that are characteristic of sensitive areas include the presence of shallow groundwater or pathways for communication with deeper groundwater; proximity to surface water, including lakes, rivers, streams, dry or flowing creeks, irrigation canals, stock tanks, and wetlands; proximity to natural wildlife refuges or parks; or proximity to commercial or residential areas.(3) Hydrocarbon condensate--The light hydrocarbon liquids produced in association with natural gas.(b) Scope. These cleanup standards and procedures apply to the cleanup of soil in non-sensitive areas contaminated by crude oil spills from activities associated with the exploration, development, and production, including transportation, of oil or gas or geothermal resources as defined in §4.110 of this title (relating to Definitions). For the purposes of this section, crude oil does not include hydrocarbon condensate. These standards and procedures do not apply to hydrocarbon condensate spills, crude oil spills in sensitive areas, or crude oil spills that occurred prior to the effective date of this section. Cleanup requirements for hydrocarbon condensate spills and crude oil spills in sensitive areas will be determined on a case-by-case basis. Cleanup requirements for crude oil contamination that occurred wholly or partially prior to the effective date of this section will also be determined on a case-by-case basis. Where cleanup requirements are to be determined on a case-by-case basis, the operator must consult with the appropriate district office on proper cleanup standards and methods, reporting requirements, or other special procedures.(c) Requirements for cleanup.(1) Removal of free oil. To minimize the depth of oil penetration, all free oil must be removed immediately for reclamation or disposal.(2) Delineation. Once all free oil has been removed, the area of contamination must be immediately delineated, both vertically and horizontally. For purposes of this paragraph, the area of contamination means the affected area with more than 1.0% by weight total petroleum hydrocarbons.(3) Excavation. At a minimum, all soil containing over 1.0% by weight total petroleum hydrocarbons must be brought to the surface for disposal or remediation.(4) Prevention of stormwater contamination. To prevent stormwater contamination, soil excavated from the spill site containing over 5.0% by weight total petroleum hydrocarbons must immediately be:(A) mixed in place to 5.0% by weight or less total petroleum hydrocarbons; or(B) removed to an approved disposal site; or(C) removed to a secure interim storage location for future remediation or disposal. The secure interim storage location may be on site or off site. The storage location must be designed to prevent pollution from contaminated stormwater runoff. Placing oily soil on plastic and covering it with plastic is one acceptable means to prevent stormwater contamination; however, other methods may be used if adequate to prevent pollution from stormwater runoff.(d) Remediation of soil.(1) Final cleanup level. A final cleanup level of 1.0% by weight total petroleum hydrocarbons must be achieved as soon as technically feasible, but not later than one year after the spill incident. The operator may select any technically sound method that achieves the final result.(2) Requirements for bioremediation. If on-site bioremediation or enhanced bioremediation is chosen as the remediation method, the soil to be bioremediated must be mixed with ambient or other soil to achieve a uniform mixture that is no more than 18 inches in depth and that contains no more than 5.0% by weight total petroleum hydrocarbons.(e) Reporting requirements.(1) Crude oil spills over five barrels. For each spill exceeding five barrels of crude oil, the responsible operator must comply with the notification and reporting requirements of §3.20 of this title (relating to Notification of Fire Breaks, Leaks, or Blow-outs) and submit a report on a Form H-8 to the appropriate district office. The following information must be included:(A) area (square feet), maximum depth (feet), and volume (cubic yards) of soil contaminated with greater than 1.0% by weight total petroleum hydrocarbons;(B) a signed statement that all soil containing over 1.0% by weight total petroleum hydrocarbons was brought to the surface for remediation or disposal;(C) a signed statement that all soil containing over 5.0% by weight total petroleum hydrocarbons has been mixed in place to 5.0% by weight or less total petroleum hydrocarbons or has been removed to an approved disposal site or to a secure interim storage location;(D) a detailed description of the disposal or remediation method used or planned to be used for cleanup of the site;(E) the estimated date of completion of site cleanup.(2) Crude oil spills over 25 barrels. For each spill exceeding 25 barrels of crude oil, in addition to the report required in paragraph (1) of this subsection, the operator must submit to the appropriate district office a final report upon completion of the cleanup of the site. Analyses of samples representative of the spill site must be submitted to verify that the final cleanup concentration has been achieved.(3) Crude oil spills of five barrels or less. Spills into the soil of five barrels or less of crude oil must be remediated to these standards, but are not required to be reported to the commission. All spills of crude oil into water must be reported to the commission.(f) Alternatives. Alternatives to the standards and procedures of this section may be approved by the commission for good cause, such as new technology, if the operator has demonstrated to the commission's satisfaction that the alternatives provide equal or greater protection of the environment. A proposed alternative must be submitted in writing and approved by the commission.", "sourceNote": "Source Note: The provisions of this §3.91 adopted to be effective November 1, 1993, 18 TexReg 6835; amended to be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117874", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.93", "label": "Water Quality Certification Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157280", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) 401 certification--A certification issued by the commission, under the authority of the Federal Clean Water Act, §401, that a federal permit that may result in a discharge to waters of the United States is consistent with applicable state and federal water quality laws and regulations.(2) Commission--The Railroad Commission of Texas or its designee.(3) Department of the Army permits--Individual or general permits or letters of permission issued by the U.S. Army Corps of Engineers under the authority of the Federal Clean Water Act, §404, or the Rivers and Harbors Act of 1899, §9 and §10, United States Code, Title 33, §402 and §403.(4) District engineer--The U.S. Army Corps of Engineers representative responsible for administering and enforcing federal laws and regulations, including processing and issuance of permits, under the jurisdiction of the U.S. Army Corps of Engineers.(5) Federal Clean Water Act--United States Code, Title 33, Chapter 26.(6) NPDES permit--A permit issued by the regional administrator under the authority of the Federal Clean Water Act, §402, Title 33, United States Code, §1342. NPDES permits can either be individual or general permits.(7) Permitting agency--Any agency of the federal government to which application is made for any permit to conduct an activity that may result in any discharge into waters of the United States.(8) Person--A natural person, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(9) Pollutant--Any constituent that contaminates or alters the physical, thermal, chemical, or biological quality of water so as to be harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to the public health, safety, or welfare, or that impairs the usefulness or the public enjoyment of the water for any lawful purpose.(10) Regional administrator--The administrator of the United States Environmental Protection Agency, Region 6.(11) Water quality standards--Texas Surface Water Quality Standards, Title 30, Texas Administrative Code, Chapter 307.(12) Waters of the United States--Interstate waters, the territorial seas, and waters that would or could affect interstate commerce, including tributaries of such waters and adjacent wetlands, as defined in Title 33, Code of Federal Regulations, Part 328.(b) Certification Required. No person may conduct any activity subject to the jurisdiction of the commission pursuant to a Department of the Army permit or an NPDES permit if the activity may result in a discharge into waters of the United States within the boundaries of the State of Texas, unless the commission has first issued a certification or waiver of certification under this section.(c) Request for Certification. The regional administrator, district engineer, or the permit applicant may submit a request for certification to the commission.(1) Request by Applicant. If the permit applicant requests certification, the applicant shall submit to the commission:(A) a copy of the completed permit application and any amendments thereto;(B) a list on a map or on a separate sheet attached to a map of the names and addresses of owners of tracts of land adjacent to the site where the proposed activity would occur and, where the activity may result in a discharge to watercourse other than the Gulf of Mexico or a bay, the owners of each waterfront tract between the potential discharge point and 1/2 mile downstream of the potential discharge point, except for those waterfront tracts within the corporate limits of an incorporated city, town, or village;(C) a request for certification; and(D) for Department of the Army permits in the coastal zone, as described in 31 TAC §503.1 (Coastal Management Program Boundary), a description of the acreage proposed to be filled, if any.(2) Request by EPA or the Corps. Except as provided in subsection (d)(1) of this section, a request for certification submitted by the regional administrator or the district engineer shall contain the information specified in this paragraph:(A) a copy of the public notice;(B) a request for certification;(C) for NPDES permits, a copy of the draft permit, if available; and(D) for Department of the Army permits in the coastal zone, as described in 31 TAC §503.1 (Coastal Management Program Boundary), a description of the acreage proposed to be filled, if any.(3) Request for Additional Information. Where the commission believes more information is required to accomplish review of a request for certification, the commission shall notify the applicant or the permitting agency and request such information. In response to such a notification from the commission, the applicant or the permitting agency shall submit such materials as the commission finds necessary for review of the request for certification. Except as otherwise provided, such information shall be provided within ten days of issuance of a request for additional information by the commission.(d) Notice of Request for Certification.(1) Joint Notice. Notice of a request for certification shall be made using a joint mailed notice issued by the U.S. Army Corps of Engineers or the U.S. Environmental Protection Agency after agreements with those agencies have been reached regarding the content of the notice and the persons entitled to notice in Texas. When a joint notice is issued by either the U.S. Army Corps of Engineers or the U.S. Environmental Protection Agency, the requirements of subsection (c) (2) of this section do not apply.(2) Notice by Applicant. If a joint notice is not used as provided in paragraph (1) of this subsection, the applicant must mail notice of the request for certification on or before the date the request for certification is filed with the commission. Such notice shall include the information required in paragraph (3) of this subsection. The applicant shall provide notice by first class mail to:(A) the owners of land adjacent to the tract upon which the activity is proposed to take place, and where the activity may result in a discharge to a watercourse other than the Gulf of Mexico or a bay, the surface owners of each waterfront tract between the potential discharge point and 1/2 mile downstream of the potential discharge point, excluding owners of those waterfront tracts within the corporate limits of an incorporated city, town, or village;(B) the mayor and health authorities of any city or town in which the proposed activity will be located or that is within 1/2 mile downstream of the potential discharge;(C) the county judge and health authorities of any county in which the proposed activity will be located or that is within 1/2 mile downstream of the potential discharge;(D) the Texas Commission on Environmental Quality (TCEQ) or its successor agencies;(E) the Texas Parks and Wildlife Department;(F) the U.S. Environmental Protection Agency, Region 6;(G) the U.S. Fish and Wildlife Service; and(H) for a proposed activity within the coastal management program boundary as defined under Title 31, Texas Administrative Code §503.1 (Coastal Management Program Boundary), the Secretary of the Coastal Coordination Council.(3) Contents of Notice. Any notice provided as required in paragraph (2) of this subsection shall contain:(A) the applicant's name and mailing address, together with the name and mailing address of the party conducting the activity, if different from the applicant;(B) a brief written description of the activity;(C) a statement that the applicant is seeking certification from the commission under the Federal Clean Water Act, §401;(D) a statement that any comments concerning the request for certification may be submitted in writing to the assistant Director of Environmental Services, Railroad Commission, 1701 North Congress Avenue, P.O. Box 12967, Austin, Texas 78711-2967, on or before the deadline for submission of written public comments, which, absent special circumstances, shall be at least 30 days after the date notice is mailed; and(E) a statement that a copy of the permit application is available for review in the office of the federal permitting agency.(4) Emergency Actions. When the division engineer for the U.S. Army Corps of Engineers authorizes emergency procedures and it is in the public interest to provide a certification in less than 30 days, the commission may waive the notice and hearing requirements under this section and issue a final determination. For emergency actions within the coastal zone, as described in 31 TAC §503.1 (Coastal Management Program Boundary), the commission may only issue a final determination if the emergency action is consistent with the provisions of 31 TAC §501.14(j)(7) (Policies for Specific Activities and Coastal Natural Resource Areas).(e) Public Comments.(1) Written Comments. The commission shall consider all comments related to the water quality impacts of the proposed activity that are submitted to the commission in writing prior to the deadline for submission of comments.(2) Public Meetings. The commission shall hold a meeting to receive public comment on a request for certification if the commission finds that such a meeting is in the public interest. If the commission holds a meeting to receive public comment on a request for certification, the commission shall notify the applicant by first class mail not less than ten days before the date set for the public meeting that a meeting to receive public comment will be held on the request for certification. The commission will also provide notice by first-class mail or by personal service to all of the persons identified under subsection (d)(2) of this section and the federal permitting agency at least ten days prior to the public meeting. The notice of public meeting shall identify the federal permit application; the date, time, place, and nature of the public meeting; the legal authority and jurisdiction under which the public meeting is to be held; the applicant's proposed action; the requirements for submitting written comments; the method for obtaining additional information; and such other information as the commission deems necessary. The notice to the federal permitting agency shall also estimate the additional time necessary to consider the request for certification and shall state that the commission is not waiving certification.(f) Commission Review of Requests for Certification. After expiration of the time for receipt of public comments, the commission shall determine whether the proposed activity for which a request for certification has been received will result in any discharge into waters of the United States within the boundaries of the State of Texas, and if so, whether the proposed activity will comply with all applicable water quality requirements. Applicable water quality requirements include, but are not limited to, state water quality standards, and any other applicable water quality requirements. For an activity within the boundary of the Texas Coastal Management Program (CMP), applicable state water quality requirements include the enforceable goals and policies of the CMP, Title 31, Texas Administrative Code, Chapter 501.(g) Final Action.(1) Issuance of Final Determination. A final determination on a request for certification of an NPDES or Department of the Army permit shall be issued by the commission within 15 days from the close of the public comment period, unless the regional administrator or the district engineer, in consultation with the commission, finds that unusual circumstances require a longer time. If the commission does not act upon the request for certification within 15 days from the close of the public comment period or within a longer time granted by the regional administrator or the district engineer, the commission will be deemed to have waived certification. Notwithstanding any contrary provisions of this paragraph, in unusual circumstances the commission may elect to delay acting upon a request for certification of an NPDES permit until after a review of the draft permit.(2) Notification of Final Determination. The commission shall notify the applicant, the regional administrator or district engineer, and any person so requesting of its final determination. Such final determination shall waive, grant, grant conditionally or deny certification. The notification of a final determination shall be in writing and shall include:(A) the name and address of the applicant;(B) a statement of conditions that are necessary to ensure compliance with the applicable water quality requirements;(C) when the state certifies a draft permit instead of a permit application, any condition required to ensure compliance with applicable water quality requirements shall be identified, citing the federal or state law references upon which that condition is based. Failure by the commission to provide such a citation waives its right to certify with respect to that condition;(D) for NPDES permits, a statement of the extent to which each condition of the draft permit can be made less stringent without the concurrence of the commission; and(E) a statement of the basis for the commission's determination to waive certification, grant certification, grant conditional certification, or deny certification.(3) Statement of Basis.(A) If a waiver of certification is made, the statement of basis for the commission's determination shall explain that the waiver is based on a determination that no discharge will result from the activity or that the activity does not fall within the commission's jurisdiction or that the commission expressly waives its authority to act on a request for certification for other reasons.(B) If a certification or conditional certification is made, the statement of basis for the commission's determination shall include either a statement that there is reasonable assurance that the activity will be conducted in a manner which will not violate any applicable water quality requirements or a statement of conditions, including monitoring conditions, that the commission deems necessary to assure that the discharge will not violate applicable water quality requirements.(C) If a denial of certification is made, the statement of basis for the commission's determination will explain why the commission has determined that the proposed activity will result in a violation of applicable water quality requirements.(4) Limitation. The commission shall not condition or deny certification of an NPDES permit on the grounds that state law allows a less stringent permit condition.(5) Request for Hearing. If the commission's final determination denies certification, the applicant may request a hearing on the final determination. If the commission's final determination grants a conditional certification and the applicant disagrees with one or more of such conditions, the applicant may request a hearing on the final determination. A request for a hearing must be filed within 15 days after the commission issues its final determination. The commission shall provide notice of the hearing to each of the parties provided notice of the final determination as provided in paragraph (2) of this subsection. After hearing, the examiner shall recommend a final action by the commission.(h) Penalties. Violations of this section may subject a person to penalties and remedies specified in the Texas Natural Resources Code, Title 3, and any other statutes administered by the commission. The certificate of compliance for any oil, gas, or geothermal resource well may be revoked in the manner provided in §3.73 of this title (relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance) (Statewide Rule 73) for violation of this section.", "sourceNote": "Source Note: The provisions of this §3.93 adopted to be effective October 25, 1995, 20 TexReg 8445; amended to be effective August 25, 2003, 28 TexReg 6816; amended to be effective November 24, 2004, 29 TexReg 10728." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157280", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.95", "label": "Underground Storage of Liquid or Liquefied Hydrocarbons in Salt Formations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157281", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Affected person--A person who, as a result of actions proposed in an application for a storage facility permit or for amendment or modification of an existing storage facility permit, has suffered or may suffer actual injury or economic damage other than as a member of the general public.(2) Brine string--The uncemented tubing through which highly saline water flows into or out of a hydrocarbon storage well during hydrocarbon withdrawal or injection operations.(3) Cavern--The storage space created in a salt formation by solution mining.(4) Commission--The Railroad Commission of Texas.(5) Emergency shutdown valve--A valve that automatically closes to isolate a hydrocarbon storage wellhead from surface piping in the event of specified conditions that, if uncontrolled, may cause an emergency.(6) Fire detector--A device capable of detecting the presence of a flame or the heat from a fire.(7) Fresh water--Water having bacteriological, physical, and chemical properties that make it suitable and feasible for beneficial use for any lawful purpose. For purposes of this section, brine associated with the creation, operation, and maintenance of an underground hydrocarbon storage facility is not considered fresh water.(8) Hydrocarbon storage well or storage well--A well, including the storage wellhead, casing, tubing, borehole, and cavern, used for the injection or withdrawal of liquid or liquefied hydrocarbons into or out of an underground hydrocarbon storage facility.(9) Leak detector--A device capable of detecting by chemical or physical means the presence of hydrocarbon vapor or the escape of vapor through a small opening.(10) Liquid or liquefied hydrocarbons--Crude oil and products, derivatives, or byproducts of oil or gas that are:(A) liquid under standard conditions of temperature and pressure;(B) liquefied under the temperatures and pressures at which they are stored; or(C) stored under conditions that necessitate the use of displacement fluids to withdraw them from storage.(11) Operator--The person recognized by the Commission as being responsible for the physical operation of an underground hydrocarbon storage facility, or such person's authorized representative.(12) Owner--The person recognized by the Commission as owning all or part of a storage facility, or such person's authorized representative.(13) Person--A natural person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(14) Pollution--Alteration of the physical, chemical, or biological quality of, or the contamination of, water that makes it harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.(15) Process or transfer area--Any area at an underground hydrocarbon storage facility where hydrocarbons are physically altered by equipment, including dehydrators, compressors, and pumps, or where hydrocarbons are transferred to or from trucks, rail cars, or pipelines.(16) Storage wellhead--Equipment installed at the surface of the wellbore, including the casinghead and tubing head, spools, block or wing valves, and instrument flanges. Spool pieces must have a length of less than six feet to be considered a part of the storage wellhead.(17) Surface piping--Any pipe within a storage facility that is directly connected to a storage well, outboard of the wellhead emergency shutdown valve and used to transport product, brine, or fresh water to or from a storage well whether such pipe is above or below ground level.(18) Underground hydrocarbon storage facility or storage facility--A facility used for the storage of liquid or liquefied hydrocarbons in an underground salt formation, including surface and subsurface rights, appurtenances, and improvements necessary for the operation of the facility.(b) Permit required.(1) General. No person may create, operate, or maintain an underground hydrocarbon storage facility without obtaining a permit from the Commission. A permit issued by the Commission for such activities before the effective date of this section shall continue in effect until revoked, modified, or suspended by the Commission, or until it expires by its terms. The provisions of this section apply to permits for underground hydrocarbon storage facility operations issued prior to the effective date of this section, except as specifically provided in this section.(2) Conflict with other requirements. If a provision of this section conflicts with any provision or term of a Commission order, field rule, or permit, the provision of such order, field rule, or permit shall control.(c) Application.(1) Information required. An application for a permit to create, operate, or maintain an underground hydrocarbon storage facility shall be filed with the Commission by the owner or operator, or proposed owner or operator, on the prescribed form. The application shall contain the information necessary to demonstrate compliance with the applicable state laws and Commission regulations.(2) Permit amendment. An application for amendment of an existing underground hydrocarbon storage facility permit shall be filed with the Commission:(A) prior to any planned enlargement of a cavern in excess of the permitted cavern capacity by solution mining;(B) when required in accordance with paragraph (3) of this subsection;(C) prior to the drilling of any additional hydrocarbon storage wells;(D) prior to any increase in the volume of liquid or liquefied hydrocarbons stored in the cavern in excess of the permitted storage volume; or(E) any time that conditions at the storage facility deviate materially from conditions specified in the permit or the permit application.(3) Increase in capacity. The owner or operator of a storage facility shall notify the Commission if information indicates that the capacity of a cavern exceeds the permitted cavern capacity by 20% or more. Such notification shall be made in writing to the Commission within 10 days of the date that the owner or operator knows or has reason to know that the cavern capacity exceeds the permitted capacity by 20% or more. The notification shall include a description of the information that indicates that the permitted cavern capacity has been exceeded, and an estimate of the current cavern capacity. Upon receipt of such information, the Commission or its designee may take any one or more of the following actions:(A) require the permittee to comply with a compliance schedule that lists measures to be taken to ensure that conditions at the storage facility do not pose a danger to life or property, and that no waste of hydrocarbons, uncontrolled escape of hydrocarbons, or pollution of fresh water occurs;(B) require the permittee to file an application to amend the underground hydrocarbon storage facility permit;(C) modify, cancel, or suspend the permit as provided in subsection (f) of this section; or(D) take enforcement action.(4) Related activities. An application for a permit to store saltwater or brine in a pit or to dispose of saltwater or other oil and gas waste arising out of or incidental to the creation, operation, or maintenance of an underground hydrocarbon storage facility shall be filed in accordance with applicable Commission requirements.(d) Standards for underground storage zone.(1) Geologic, construction, and operating performance. An underground hydrocarbon storage facility may be created, operated, or maintained only in an impermeable salt formation in a manner that will prevent waste of the stored hydrocarbons, uncontrolled escape of hydrocarbons, pollution of fresh water, and danger to life or property. Natural gas storage operations are not authorized under the provisions of this section. A permit under §3.97 of this title (relating to Underground Storage of Gas in Salt Formations) is required to convert from storage of liquid or liquefied hydrocarbons to storage of natural gas in an underground salt formation.(2) Fresh water strata. The applicant must submit with the application a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the depth to which fresh water strata occur at each storage facility.(e) Notice and hearing.(1) Notice requirements. The applicant shall, no later than the date the application is mailed to or filed with the Commission, give notice of an application for a permit to create, operate, or maintain an underground hydrocarbon storage facility, or to amend an existing storage facility permit, by mailing or delivering a copy of the application form to:(A) the surface owner of the tract where the storage facility is located or is proposed to be located;(B) the surface owner of each tract adjoining the tract where the storage facility is located or is proposed to be located;(C) each oil, gas, or salt leaseholder, other than the applicant, of the tract on which the storage facility is located or is proposed to be located;(D) each oil, gas, or salt leaseholder of any tract adjoining the tract on which the storage facility is located or is proposed to be located;(E) the county clerk of the county where the storage facility is located or is proposed to be located; and(F) if the storage facility is located or proposed to be located within city limits, the city clerk or other appropriate city official.(2) Publication of notice. Notice of the application, in a form approved by the Commission or its designee, shall be published by the applicant once a week for three consecutive weeks in a newspaper of general circulation in the county or counties where the facility is or is proposed to be located. The applicant shall file proof of publication prior to any hearing on the application or administrative approval of the application.(3) Notice by publication. The applicant shall make diligent efforts to ascertain the name and address of each person identified under paragraph (1)(A) - (D) of this subsection. The exercise of diligent efforts to ascertain the names and addresses of such persons shall require an examination of the county records where the facility is located and an investigation of any other information of which the applicant has actual knowledge. If, after diligent efforts, the applicant has been unable to ascertain the name and address of one or more persons required to be notified under paragraph (1)(A) - (D) of this subsection, the notice requirements for those persons are satisfied by the publication of the notice of application as required in paragraph (2) of this subsection. The applicant must submit an affidavit to the Commission specifying the efforts that were taken to identify each person whose name and/or address could not be ascertained.(4) Hearing required for new permits. A permit application for a new underground hydrocarbon storage facility will be considered for approval only after notice and hearing. The Commission will give notice of the hearing to all affected persons, local governments, and other persons who express, in writing, an interest in the application. After hearing, the examiner shall recommend a final action by the Commission.(5) Hearing on permit amendments.(A) An application for an amendment to an existing storage facility permit may be approved administratively if the Commission receives no protest from a person notified pursuant to the provisions of paragraph (1) of this subsection, or from any other affected person.(B) If the Commission receives a protest from a person notified pursuant to paragraph (1) of this subsection or from any other affected person within 15 days of the date of receipt of the application by the Commission, or of the date of the third publication, whichever is later, or if the Commission determines that a hearing is in the public interest, then the applicant will be notified that the application cannot be approved administratively. The Commission will schedule a hearing on the application upon written request of the applicant. The Commission will give notice of the hearing to all affected persons, local governments, and other persons who express, in writing, an interest in the application. After hearing, the examiner shall recommend a final action by the Commission.(C) If the application is administratively denied, a hearing will be scheduled upon written request of the applicant. After hearing, the examiner shall recommend a final action by the Commission.(f) Modification, cancellation, or suspension of a permit.(1) General. Any permit may be modified, suspended, or canceled after notice and opportunity for hearing if:(A) a material change in conditions has occurred in the operation, maintenance, or construction of the storage facility, or there are material deviations from the information originally furnished to the Commission. A change in conditions at a facility that does not affect the safe operation of the facility or the ability of the facility to operate without causing waste of hydrocarbons or pollution is not considered to be material;(B) fresh water is likely to be polluted as a result of continued operation of the facility;(C) there are material violations of the terms and provisions of the permit or Commission regulations;(D) the applicant has misrepresented any material facts during the permit issuance process; or(E) injected fluids are escaping or are likely to escape from the storage facility.(2) Imminent dangers. Notwithstanding the provisions of paragraph (1) of this subsection, in the event of an emergency that presents an imminent danger to life or property, or where waste of hydrocarbons, uncontrolled escape of hydrocarbons, or pollution of fresh water is imminent, the Commission or its designee may immediately suspend a storage facility permit until a final order is issued pursuant to a hearing, if any, conducted in accordance with the provisions of paragraph (1) of this subsection. All operations at the facility shall cease upon suspension of a permit under this paragraph.(g) Transfer of permit. A storage facility permit may not be transferred without the prior approval of the Commission or its designee. Until such transfer is approved by the Commission or its designee, the proposed transferee may not conduct any activities otherwise authorized by the permit. The following procedure shall be followed when requesting approval for transfer of a permit.(1) Request. Prior to transferring either ownership or operation of a storage facility, the permittee shall file a request for transfer of the permit with the Commission. Such request may not be filed unless a completed Form P-4, signed by both the permittee and the proposed transferee, has been filed with the Commission.(2) Approval. The Commission, or its designee, shall approve the transfer of a storage facility permit, provided:(A) the proposed transferee is not the subject of any unsatisfied Commission enforcement order at the time of the request for permit transfer; and(B) there are no existing violations of any Commission regulation, order, or permit at the storage facility at the time of the request for permit transfer that have been documented by the Commission, or its employees, unless the proposed transferee agrees to correct the violations according to a compliance schedule approved by the Commission, or its designee.(3) Good cause. Notwithstanding paragraph (2) of this subsection, for good cause shown the Commission or its designee may require public notice and opportunity for hearing prior to taking action on a request for transfer of a permit. Such request may be denied after notice and opportunity for hearing if the Commission or its designee finds that transfer of the permit would not be in the public interest.(h) Safety. The following safety requirements shall apply to all underground hydrocarbon storage facilities, except as specifically provided otherwise, provided, however, that the provisions of this subsection shall not apply to any hydrocarbon storage well that is out of service and disconnected from all surface piping. Notwithstanding the compliance time periods specified in this subsection, a new storage facility permitted under this section must have all required safety measures and equipment in place before commencement of storage operations at the facility. All storage facilities that are permitted on the effective date of this section must have such safety measures and equipment in place within the period of time specified. Further, until such a facility has all the safety measures and devices required by paragraphs (2) - (7) and (13) - (16) of this subsection in place, the facility must have an attendant on site at all times. Notwithstanding the compliance time periods specified in paragraph (2)(B) of this subsection, no storage well in active service may be operated without a fully functional emergency shutdown valve unless in compliance with specified conditions of paragraph (2)(C) of this subsection.(1) Monitoring of injection and withdrawal operations. All hydrocarbon injection and withdrawal activities shall be continuously monitored by an individual who is trained and experienced in such activities. Any facility that is unattended during injection and withdrawal activities shall have company personnel on call at all times. On-call personnel must be able to reach the facility within 30 minutes from the time a potential problem at the storage facility is noted by the individual monitoring the injection or withdrawal activities.(2) Storage wellhead.(A) The storage wellhead shall be designed, operated, and maintained to contain the contents of the storage well and protect against loss of stored product.(B) Within five years of the effective date of this section, the operator shall have installed emergency shutdown valves between the storage wellhead and the product and brine surface piping of each hydrocarbon storage well and, if required under paragraph (3) of this subsection, between the storage wellhead and fresh water surface piping of the well. Within one year of the effective date of the section, an operator may request an exception to the storage wellhead configuration or compliance date of this subparagraph and propose an alternative configuration or workover schedule for approval by the Commission or its designee. A storage well that is out of service and is disconnected from surface piping shall be exempt from this requirement until reactivated for active hydrocarbon storage. Emergency shutdown valves shall meet the following requirements.(i) Each emergency shutdown valve shall be capable of activation at each storage well, at the on-site control center if one exists, at the remote control center if one exists, and at a location that is reasonably anticipated to be accessible to emergency response personnel at any facility that does not have an on-site control center that is attended 24 hours per day.(ii) Each emergency shutdown valve shall be an automatic fail-closed valve that automatically closes when there is a loss of pneumatic pressure, hydraulic pressure, or power to the valve.(iii) Each emergency shutdown valve shall be closed and opened at least monthly.(iv) Each emergency shutdown valve system shall be tested at least twice each calendar year at intervals not to exceed 7 1/2 months. The test shall consist of activating the actuation devices, checking the warning system, and observing the valve closure.(C) If an emergency shutdown valve system fails to operate as required, the storage well shall be immediately shut in until repairs are completed, unless:(i) a backup emergency shutdown valve is in operation on the same piping; or(ii) an attendant is posted at the well site to provide immediate manual shut-in.(D) The requirements of this paragraph do not apply to underground hydrocarbon storage facilities storing only crude oil.(3) Product, brine, and fresh water surface piping.(A) Product surface piping shall be designed for the permitted maximum allowable operating pressure on the hydrocarbon side of the well. For facilities with hazardous materials surface piping under the administrative authority of the Safety Division of the Railroad Commission of Texas, for the purposes of this section, product surface piping extends from the wellhead emergency shutdown valve to the first pressure regulation device, including a manual, motor-operated, or emergency shutdown valve.(B) Brine surface piping shall be designed for the maximum brine wellhead pressure and to transport, under emergency conditions, product to the brine system gas vapor control system described in paragraph (6) of this subsection unless:(i) a secondary emergency shutdown valve is in operation on the brine surface piping; and(ii) the brine surface piping between the wellhead emergency shutdown valve and the secondary emergency shutdown valve is designed for the permitted maximum allowable operating pressure on the hydrocarbon side of the well.(C) Fresh water surface piping, if any, must be equipped with a wellhead emergency shutdown valve unless it is:(i) disconnected from the wellhead; or(ii) connected to brine surface piping outboard of the wellhead emergency shutdown valve; or(iii) designed for the permitted maximum allowable operating pressure on the hydrocarbon side of the well; and has an internal diameter of less than or equal to two inches; and an attendant is posted at the well site to provide immediate manual shut-in when in use.(D) Fresh water piping designed for the permitted maximum allowable operating pressure on the hydrocarbon side of the well and with an internal diameter of less than or equal to two inches is exempt from the requirement that an emergency shutdown valve be located on the wellhead or separated from the wellhead by a spool no longer than six feet.(4) Overfill detection and automatic shut-in methods.(A) The requirements of this paragraph shall not apply to an underground hydrocarbon storage facility storing only crude oil.(B) The requirements of this paragraph shall not apply to a storage well that is out of service and disconnected from surface piping until the well is reconnected for hydrocarbon storage.(C) Within one year of the effective date of this section, each storage cavern shall have at least two of the following redundant devices or methods in operation:(i) a safety casing or annular tubing string filled with a non-volatile fluid and equipped with a pressure sensor switch set to automatically close all emergency shutdown valves in response to a preset pressure;(ii) a preset pressure sensor switch or transducer on the brine piping that is set to automatically close all emergency shutdown valves in response to a preset pressure. This pressure sensor or transducer may be used in conjunction with weep hole(s) on a safety string that is concentric with the brine string, or in conjunction with weep hole(s) on the brine string;(iii) a device on the brine string or brine piping that detects hydrocarbon in the brine by physical or chemical characteristics and that is set to automatically close all emergency shutdown valves in response to hydrocarbon detection;(iv) an instrument that detects a rapid increase in the brine flow rate indicative of hydrocarbon in the brine and that is set to automatically close all emergency shutdown valves in response to a preset flow rate or differential flow rate; or(v) an alternate device or method approved by the Commission or its designee.(5) Leak detectors.(A) The provisions of subparagraphs (B) - (D) of this paragraph shall not apply to underground hydrocarbon storage facilities storing only crude oil.(B) A leak detector shall be installed and in operation at the wellhead of each hydrocarbon storage well and at each process and transfer area and each surface vessel area that contains liquid or liquefied hydrocarbons. These leak detectors shall be integrated with the warning system required in paragraph (13)(A) of this subsection.(C) Leak detectors shall be installed and in operation at four locations that are evenly spaced around the perimeter of the brine pit(s).(D) Leak detectors shall be tested twice each calendar year at intervals not to exceed 7 1/2 months and, when defective, repaired or replaced within 10 days.(6) Brine system gas vapor control.(A) The provisions of this paragraph shall not apply to underground hydrocarbon storage facilities storing only crude oil.(B) Gas vapor control devices shall be installed and in operation at each brine pit system to ignite or capture hydrocarbon vapors that are heavier than air. Control devices shall consist of at least one of the following:(i) a flare on the brine system upstream from the brine discharge point;(ii) a hydrocarbon liquid knockout vessel and degasifier;(iii) pilot lights on the berm of each brine pit; or(iv) an alternative method designed to provide a reliable, localized point of ignition to prevent the formation of a vapor cloud.(C) Brine system gas vapor control systems shall be inspected twice each calendar year at intervals not to exceed 7 1/2 months.(7) Fire detection devices or methods and fire control systems.(A) Fire detection devices or methods shall be installed and in operation at all process and transfer areas. Fire detection devices or methods specified in this paragraph shall be integrated with the warning system required in paragraph (13)(A) of this subsection. Fire detection shall consist of at least one of the following:(i) fire detectors;(ii) heat sensors, including meltdown and fused devices; or(iii) camera surveillance at facilities that are attended at an on-site control room 24 hours per day.(B) Fire detectors shall be tested twice each calendar year at intervals not to exceed 7 1/2 months and, when defective, repaired or replaced within 10 days.(C) Within three years of the effective date of this section, each storage wellhead in active storage service shall have fire suppression capability designed to aid in personnel rescue and for equipment protection and cooling. Within one year of the effective date of this section, the operator may request an exception to the schedule or fire suppression requirement of this subparagraph and propose an alternative schedule or means of protection from wellhead fire for approval of the Commission or its designee.(8) Emergency response plan. Each storage facility shall submit to the Commission a written emergency response plan. The plan shall address spills and releases, fires, fire suppression capability, explosions, loss of electricity, and loss of telecommunication services. The plan shall describe the storage facility's emergency response communication system, procedures for coordination of emergency communication and response activities with local emergency planning committees and other local authorities, use of warning systems, procedures for citizen and employee emergency notification and evacuation, and employee training. The initial plan must be designed based upon the existing safety measures at the facility. The plan shall be updated as changes in safety features at the facility occur, or as the Commission or its designee requires. The plan shall include a plat of the facility that shows the location of wells, processing areas, loading racks, brine pits, and other significant features at the site. A copy of the plan shall be provided to the local emergency response planning committee and to any other local governmental entity that submits a written request for a copy of the plan to the operator. Copies of the plan shall also be available at the storage facility and at the company headquarters.(9) Notification of emergency or uncontrolled release.(A) Emergency response personnel. Each operator shall notify the county sheriff's office, the county emergency management coordinator, and any other appropriate public officials, which are identified in the emergency response plan, of any emergency that could endanger nearby residents or property. Such emergencies include, but are not limited to, an uncontrolled release of hydrocarbons from a storage well, or a leak or fire at any area of the storage facility. The operator shall give notice as soon as practicable following the discovery of the emergency. At the time of the notice, the operator shall report an assessment of the potential threat to the public.(B) Commission. The operator shall report to the appropriate Commission district office as soon as practicable any emergency, significant loss of fluids, significant mechanical failure, or other problem that increases the potential for an uncontrolled release. The operator shall file with the Commission within 30 days of the incident a written report on the root cause of the incident. The operator shall file with the Commission within 90 days of the incident a written report that describes the operational changes, if any, that have been or will be implemented to reduce the likelihood of a recurrence of a similar incident. An operator may request that the Commission grant, for good cause, a reasonable amount of additional time to file a written report on the root cause of the incident.(10) Public education. Each facility operator shall establish a continuing educational program to inform residents within a one-mile radius of a hydrocarbon storage facility of emergency notification and evacuation procedures.(11) Annual emergency drill. Annually, each operator shall conduct a drill that tests response to a simulated emergency. Written notice of the drill shall be provided to the appropriate Commission district office, the county emergency management coordinator, and the county sheriff's office at least seven days prior to the drill. Local emergency response authorities shall be invited to participate in all such drills. The operator shall file a written evaluation of the drill and plans for improvements with the appropriate district office and the county emergency management coordinator within 30 days after the date of the drill.(12) Employee safety training.(A) Each operator shall prepare and implement a plan to train and test each employee at each underground hydrocarbon storage facility on operational safety to the extent applicable to the employee's duties and responsibilities. The facility's emergency response plan shall be included in the training program.(B) Each operator shall hold a safety meeting with each contractor prior to the commencement of any new contract work at an underground hydrocarbon storage facility. Emergency measures, including safety and evacuation measures specific to the contractor's work, shall be explained in the contractor safety meeting.(13) Warning systems and alarms.(A) All leak detectors, fire detectors, heat sensors, pressure sensors, and emergency shutdown instrumentation shall be integrated with warning systems that are audible and visible in the local control room and at any remote control center. The circuitry shall be designed so that failure of a detector or heat sensor, excluding meltdown and fused devices, to function will activate the warning.(B) A manually operated alarm shall be installed at each attended storage facility. The alarm shall be audible in areas of the facility where personnel are normally located.(14) Wind socks. At least one wind sock that is visible at any time from any normal work location within the storage facility shall be installed at the facility.(15) Barriers. Barriers designed to prevent unintended impact by vehicles and equipment shall be placed around above-grade hydrocarbon piping, hydrocarbon process equipment, and surface hydrocarbon storage vessels in areas where vehicles may normally be expected to travel or within 100 feet of a public road.(16) Wellhead, surface piping, and associated valves. All wellhead equipment, product, fresh water, and brine surface piping, and associated valves shall be designed, installed, and operated in accordance with engineering standards to the expected service conditions to which the piping and equipment will be subjected.(i) Cavern capacity and configuration.(1) Crude oil storage. The provisions of this subsection shall not apply to underground hydrocarbon storage facilities where only crude oil is stored.(2) Before storage operations begin. The capacity and configuration of each hydrocarbon storage cavern (both salt domes and bedded salt) shall be determined by sonar survey before storage operations begin in a newly completed cavern.(3) Salt domes. The capacity and configuration of each salt dome hydrocarbon storage cavern shall be determined by sonar survey at least once every 10 years.(4) Bedded salt. The configuration of the roof of each hydrocarbon storage cavern in bedded salt shall be determined by downhole log or an alternate method approved by the Commission or its designee at least once every five years.(5) Filing results. Sonar and roof monitoring survey results shall be filed with the Commission within 30 days after the survey.(6) Out-of-service caverns. A sonar or roof monitoring survey is not required for a cavern that is out of service. A sonar or roof monitoring survey shall be performed before any cavern that has been out of service is returned to service, unless the provisions of paragraph (2) of this subsection apply.(j) Well completion, casing, and cementing. Hydrocarbon storage wells shall be cased and the casing strings cemented to prevent fluids from escaping to the surface or into fresh water strata, or otherwise escaping and causing waste or endangering public safety or the environment.(1) New wells.(A) All hydrocarbon storage wells drilled in salt domes after the effective date of this section shall have at least two casing strings cemented into the salt formation. Sufficient cement shall be used to fill the annular space outside the casing from the casing shoe to the ground surface, or from the casing shoe to a point at least 200 feet above the shoe of the previous casing string.(B) All hydrocarbon storage wells in bedded salt drilled after the effective date of this section shall have all casing strings cemented with sufficient cement to fill the annular space outside each casing string from the casing shoe to the ground surface.(2) Well completion report. A well completion report shall be filed in accordance with the instructions on the form prescribed by the Commission within 30 days after a storage well is completed and before solution mining to create the cavern begins.(k) Operating requirements.(1) Operating pressure. The operating pressure of each hydrocarbon storage well shall not exceed the permitted maximum allowable operating pressure for that well. The permitted maximum allowable operating pressure is that pressure specified in the Commission permit or order, or, if not specified in the permit or order, that pressure stated in the application or the application for amendment to a permit or order. The maximum operating pressure at the shoe of the lowermost cemented casing shall not exceed 0.8 pounds per square inch per foot of depth.(2) Volume of hydrocarbons stored. The quantity of hydrocarbons stored in a cavern shall not exceed the permitted maximum storage volume for that cavern. The permitted maximum hydrocarbon storage volume is that volume specified in the Commission permit or order, or, if not specified in the permit or order, that volume stated in the application or the application for amendment to a permit or order.(l) Monitoring requirements.(1) Pressures. Each hydrocarbon storage well shall be equipped with pressure sensors that continuously monitor and display wellhead pressures on both the product and brine sides of the wellhead at the control room. Each hydrocarbon storage well with a safety string shall be equipped with a pressure sensor and the sensor shall continuously monitor the pressure on the safety string at the wellhead.(2) Pressure gauges. Each hydrocarbon storage well shall be equipped with gauges on both the brine and hydrocarbon sides of the wellhead.(3) Volumes injected and withdrawn. The volume of hydrocarbons injected into and withdrawn from each hydrocarbon storage well shall be measured by:(A) flow meter for each well; or(B) an alternate method approved by the Commission or its designee.(4) Measurement performance. The accuracy of hydrocarbon volume measurement devices or methods required under paragraph (3) of this subsection shall be verified at least once each year by a person who is not an officer or employee of the owner or operator, or any affiliate of the owner or operator. For purposes of this section, an affiliate is any person or entity that owns, is owned by, or is under common ownership with the owner or the operator. In the case of meters, verification includes witnessing meter calibration or proving conducted by the owner or operator or an affiliate of the owner or operator.(5) Data recording. Within three years of the effective date of this section, operators shall have installed and have functioning equipment to electronically record all liquid and gas pressures, volumes, and flow rates at a frequency of at least once per minute, and all actuations of the emergency shutdown valve.(m) Reporting. The operator shall report maximum wellhead pressures on the hydrocarbon and brine sides of each hydrocarbon storage well and the net volumes of hydrocarbons injected into and withdrawn from each hydrocarbon storage well in accordance with the instructions on the annual report form prescribed by the Commission.(n) Operations, construction, and maintenance records retention.(1) Hydrocarbon injection and withdrawal data.(A) The operator shall retain for at least three months all electronic records of hydrocarbon storage well pressures, flow rates, and hydrocarbon volumes injected into and withdrawn from each well, and the hydrocarbon inventory of each cavern. These electronic data shall be recorded at a frequency of at least once per minute.(B) The operator shall retain for at least five years the records, reported to the Commission under subsection (m) of this section, of maximum monthly wellhead pressures on the hydrocarbon and brine sides of each hydrocarbon storage well and the monthly net volumes of hydrocarbons injected into and withdrawn from each hydrocarbon storage well. These electronic data shall be recorded at a frequency of at least once per day.(2) Records retention. The operator shall retain for at least five years the records of measurement performance under subsection (l)(4) of this section; and testing of safety devices under subsection (h) of this section. Records of any test of a safety device required under subsection (h) of this section shall be available for on-site inspection within 10 days of the date of the test.(3) Construction and maintenance data. The operator shall retain for the life of the facility documents and records pertaining to the drilling, mining, completion, major repairs, and workovers of storage wells and testing of storage well integrity, and shall transfer all such documents and records to any new owner and/or new operator of the facility.(4) Extension during investigation. Any documents or records that contain information pertinent to the resolution of any pending regulatory enforcement proceeding shall be retained beyond the prescribed retention until the resolution of such proceeding.(o) Testing and maintenance.(1) Integrity tests for wells in salt domes with a single casing string. Each hydrocarbon storage well drilled into a salt dome and having a single casing string cemented to the surface shall have the casing inspected by mechanical, ultrasonic, or magnetic methods at least once every five years and after each workover that involves physical changes to the cemented casing string.(2) Integrity tests for wells other than those in salt domes with a single casing string. Each hydrocarbon storage well shall be tested for integrity prior to being placed into service, at least once every five years, and after each workover that involves physical changes to any cemented casing string. The following requirements apply to all such integrity tests.(A) A hydrocarbon storage well shall be tested for integrity by the nitrogen-brine interface method or an alternative approved by the Commission, or its designee.(B) A test procedure shall be filed with the Commission for approval at least 10 days before the test date.(C) The operator shall notify the district office at least five days prior to conducting any integrity test.(D) A complete record of each integrity test shall be filed in duplicate with the district office within 30 days after testing is completed. The record shall include a chronology of the test, copies of all downhole logs, storage well completion information, pressure readings, volume measurements, temperature logs and readings, and an explanation of the test results that addresses the precision of the test in terms of a calculated leak rate.(E) Storage well pressures shall be allowed to stabilize to a rate of change of less than 10 psi in 24 hours before the testing period begins.(3) Storage wellhead and casing. Storage wellhead components and casing shall be inspected at least once every 10 years for corrosion, cracks, deformations or other conditions that may compromise integrity and that may not be detected by the five-year test. The operator may request an extension of up to five years from the Commission for good cause. Factors the Commission may consider in determining good cause pursuant to this paragraph include by are not limited to the age, location, and configuration of the well; well and facility history; operator compliance record; operator efforts to comply with this subsection; and accuracy of inventory control.(4) Product, fresh water, and brine surface piping. Within one year of the effective date of this section, the operator shall submit a piping integrity management plan for approval by the Commission or its designee. Within three years of the effective date of this section, or in conjunction with the storage well integrity testing, all product, freshwater, and brine surface piping shall be maintained according to the facility's piping integrity management plan.(5) Alternative monitoring. An operator may request the Commission or its designee to approve storage well pressure monitoring as an alternative to integrity testing for hydrocarbon storage wells that are out of storage service. An out-of-service storage well must be tested for integrity according to the procedures specified in paragraph (2) of this subsection before it may be returned to storage service.(p) Plugging.(1) Plug on abandonment. A hydrocarbon storage well shall be plugged upon permanent abandonment in a manner approved by the Commission or its designee. A proposal for plugging shall be submitted to the Commission in Austin for approval or modification prior to plugging. Following approval of a plugging plan, the operator shall file a notification of intent to plug at least five days prior to commencement of plugging operations. A plugging report shall be filed with the Commission in Austin within 30 days after plugging.(2) Alternative monitoring. As an alternative to plugging a hydrocarbon storage well that has been permanently deactivated, an operator may request approval by the Commission or its designee of a plan to convert the storage well to a monitor well. A pressure monitoring plan must be submitted to the Commission along with the request to convert the storage well to a monitoring well.(q) Penalties.(1) Penalties. Violations of this section may subject the operator to penalties and remedies specified in the Texas Natural Resources Code, Titles 3 and 11, and other statutes administered by the Commission.(2) Certificate of compliance. The certificate of compliance for any underground hydrocarbon storage facility may be revoked in the manner provided in §3.73 of this title (relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance).(r) Applicability of other Commission rules and orders. The owner or operator of an underground hydrocarbon storage facility is not relieved by this section of compliance with any other requirement of Chapters 3, 4, 7, or 8 of this title (relating to Oil and Gas Division; Environmental Protection; Gas Services Division; or Pipeline Safety Regulations).", "sourceNote": "Source Note: The provisions of this §3.95 adopted to be effective January 1, 1994, 18 TexReg 8871; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective January 30, 2007, 32 TexReg 289; amended to be effective July 2, 2012, 37 TexReg 4892." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157281", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.96", "label": "Underground Storage of Gas in Productive or Depleted Reservoirs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157282", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Affected person--A person who, as a result of actions proposed an application for an underground gas storage project permit or an amendment or modification of an existing underground gas storage project permit, has suffered or may suffer actual injury or economic damage other than as a member of the general public.(2) Commission--The Railroad Commission of Texas.(3) Fresh water--Water having bacteriological, physical, and chemical properties that make it suitable and feasible for beneficial use for any lawful purpose.(4) Leak detector--A device capable of detecting by chemical or physical means the presence of hydrocarbon vapor or the escape of vapor through a small opening.(5) Gas storage or underground gas storage--Storage of natural gas or other gaseous material in a productive or depleted reservoir, exclusive of gas injection for enhanced recovery.(6) Gas storage project--All surface and subsurface rights, appurtenances, and improvements necessary for conducting underground gas storage operations in a gas storage reservoir.(7) Gas storage well or storage well--A well used to inject or withdraw natural gas or other gaseous material stored in a productive or depleted reservoir, exclusive of a well used to inject gas for enhanced recovery.(8) Operator--The person recognized by the commission as being responsible for the physical operation of a gas storage project, or such person's authorized representative.(9) Person--A natural person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(10) Pollution--Alteration of the physical, chemical, or biological quality of, or the contamination of, water that makes it harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.(11) Productive or depleted reservoir--A subsurface sand, stratum, or formation that is productive of, or has previously produced, oil, gas, or geothermal resources.(b) Permit required.(1) General. No person may operate a gas storage project without obtaining a permit from the commission. A permit issued by the commission for operation of a gas storage project before the effective date of this section shall continue in effect until revoked, modified, or suspended by the commission, or until it expires according to its terms. The provisions of this section apply to gas storage projects permitted prior to the effective date of this section, except as otherwise specifically provided.(2) Conflict with other requirements. If a provision of this section conflicts with any provision or term of a commission order, field rule, or permit, the provision of such order, field rule, or permit shall control.(c) Application. An application to operate a gas storage project shall be filed with the commission by the owner or operator or proposed owner or operator. The application shall include the following:(1) compliance with safety requirements--information demonstrating compliance with the provisions of subsection (i) of this section;(2) request for reservoir designation--a request for designation of a productive or depleted reservoir as a gas storage reservoir, supported by the following:(A) information demonstrating that the reservoir is suitable for gas storage; and(B) information demonstrating the amount of recoverable native gas remaining in the reservoir;(3) compliance with standards for injection wells--information demonstrating compliance with the provisions of subsections (j), (k), and (l) of this section for each gas injection well. The requirements of this paragraph do not apply to wells used for gas withdrawal only;(4) water protection letter--a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the depth to which fresh water strata occur in the project area;(5) public interest--a request that the commission issue an order containing the findings described in the Texas Natural Resources Code, §91.174(a), if such an order is desired by the applicant;(6) fees--the fees required under §3.78 of this title (relating to Fees and Financial Security Requirements) for each gas storage well in the storage project that will be used for injection.(d) Permit amendment. An application for amendment of an existing gas storage project permit shall be filed with the commission as specified in paragraphs (1) - (4) of this subsection.(1) Expansion of reservoir. An application for permit amendment shall be filed prior to expanding the areal extent of the gas storage reservoir.(2) Increase in pressure. An application for permit amendment shall be filed prior to increasing the gas storage reservoir pressure above the maximum permitted pressure.(3) Adding storage wells. An application for permit amendment shall be filed prior to adding additional gas storage wells to the project.(4) Material deviation. An application for permit amendment shall be filed at any time that conditions at the storage project deviate materially from the conditions specified in the permit or permit application.(e) Standards for storage reservoir. A gas storage project shall be operated only in a productive or depleted reservoir in a manner that will prevent waste of oil, gas, or geothermal resources, uncontrolled escape of gases, pollution of fresh water, and danger to life or property.(f) Notice and hearing.(1) Notice requirements. By no later than the date the application is mailed to or filed with the commission, the applicant shall give notice of an application for a permit to operate a gas storage project, or to amend an existing storage project permit, by mailing or delivering a copy of the application to:(A) each mineral interest owner, other than the applicant, of the proposed gas storage reservoir;(B) each leaseholder of minerals lying above or below the proposed gas storage reservoir;(C) each leaseholder of minerals offsetting the proposed gas storage reservoir;(D) each owner or leaseholder of any portion of the surface overlying the proposed gas storage reservoir;(E) the clerk of the county or counties where the proposed gas storage reservoir is located; and(F) the city clerk or other appropriate city official where the proposed gas storage reservoir is located within city limits.(2) Publication of notice. Notice of the application for an original or amended gas storage project permit, in a form approved by the commission or its designee, shall be published by the applicant once a week for three consecutive weeks in a newspaper of general circulation in the county where the gas storage project is located. The applicant shall file proof of publication of the notice prior to any hearing on the application or administrative approval.(3) Notice by publication. The applicant shall make diligent efforts to ascertain the name and address of each person identified under paragraph (1)(A) - (D) of this subsection. The exercise of diligent efforts to ascertain the names and addresses of such persons shall require an examination of county records where the facility is located and an investigation of any other information of which the applicant has actual knowledge. If, after diligent efforts, the applicant has been unable to ascertain the name and address of one or more persons required to be notified under paragraph (1)(A) - (D) of this subsection, the notice requirements for those persons are satisfied by the publication of the notice of application as required in paragraph (2) of this subsection. The applicant must submit an affidavit to the commission specifying the efforts that were taken to identify each person whose name and/or address could not be ascertained.(4) Hearing required for new permits. An application for a new gas storage project permit will be considered for approval only after notice and hearing. The commission will give notice of the hearing to all affected persons, local governments, and other persons who express, in writing, an interest in the application. After hearing, the examiner shall recommend a final action by the commission.(5) Hearing on permit amendments.(A) If the commission receives a protest regarding an application for amendment of a gas storage project permit from a person notified pursuant to paragraph (1) of this subsection or from any other affected person within 15 days of the date of receipt of the application by the commission, or of the date of the third publication, whichever is later, or if the commission or its designee determines that a hearing is in the public interest, then the applicant will be notified that the application for amendment cannot be administratively approved. The commission will schedule a hearing on the application upon request of the applicant. The commission will give notice of the hearing to all affected persons, local governments, and other persons who express, in writing, an interest in the application. After hearing, the examiner shall recommend a final action by the commission.(B) If the commission receives no protest regarding an application for amendment of a gas storage project permit from a person notified pursuant to paragraph (1) of this subsection or from any other affected person, the application may be approved administratively.(C) If the application for amendment of a gas storage project permit is administratively denied, a hearing will be scheduled upon written request of the applicant. After hearing, the examiner shall recommend a final action by the commission.(g) Modification, cancellation, or suspension of a permit.(1) General. A permit may be modified, suspended, or canceled after notice and opportunity for hearing under any of the following circumstances:(A) a material change in conditions has occurred in the operation of the gas storage project, or there are material deviations from the information originally furnished to the commission. A change in conditions at a facility that does not affect the safe operation of the facility or the ability of the facility to operate without causing waste of hydrocarbons or pollution is not considered to be material;(B) fresh water is likely to be polluted as a result of the continued operation of the gas storage project;(C) there are material violations of the terms and provisions of the permit or of applicable commission orders or regulations;(D) the applicant has misrepresented material facts during the permit issuance process; or(E) injected fluids are escaping or are likely to escape from the storage project.(2) Imminent danger. Notwithstanding the provisions of paragraph (1) of this subsection, in the event of an emergency that presents an imminent danger to life or property, or where waste of hydrocarbons, uncontrolled escape of hydrocarbons, or pollution of fresh water is imminent, the commission or its designee may immediately suspend a permit for underground gas storage until a final order is issued pursuant to a hearing, if any, conducted in accordance with the provisions of paragraph (1) of this subsection. All underground gas storage operations shall cease upon suspension of a permit under this paragraph.(h) Transfer of permit. A gas storage project permit may be transferred from one operator to another operator if both of the following requirements are met.(1) Notice. Written notice of intended permit transfer is submitted to the commission at least 15 days prior to the date the transfer takes place.(2) No objection. The commission or its designee does not notify the present permit holder of an objection to the transfer prior to the transfer date stated in the notification in paragraph (1) of this subsection.(i) Safety requirements for gas storage projects.(1) Leak detectors.(A) Within two years of the effective date of this section, leak detectors shall be installed and in operation at each gas storage well that is located 100 yards or less from a residence, commercial establishment, church, school, or small, well-defined outside area, and at each structurally enclosed compressor site. For purposes of this section, the term \"small, well-defined outside area\" means an area such as a playground, recreation area, outdoor theater, or other place of public assembly that is occupied by 20 or more persons on at least five days a week for 10 weeks in any 12-month period. The days and weeks need not be consecutive.(B) Each leak detector required under this paragraph shall be tested twice each calendar year at intervals not to exceed 7-1/2 months and, when defective, repaired or replaced within 10 days.(2) Warning systems. Within two years of the effective date of this section, all leak detectors required in paragraph (1) of this subsection shall be integrated with warning systems that are audible and visible in the control room and at any remote control center. The circuitry shall be designed so that failure of a detector or pressure monitor to function will activate the warning.(3) Emergency response plan. Within six months of the effective date of this section, each operator shall submit to the commission a safety plan that includes emergency response procedures, provisions to provide security against unauthorized activity, and gas release detection and prevention measures. The plan shall include a description of and be designed for the residential, commercial, and public land use in the proximity of the gas storage project. The initial plan must be designed based upon the existing safety measures at the facility. The plan shall be updated as changes in safety features at the facility occur, or as the commission or its designee requires. Copies of the plan shall be available at the storage facility and at the company headquarters.(4) Safety training. Within six months of the effective date of this section, each operator shall prepare and implement a plan to train and test each employee at each gas storage project on operational safety and emergency response procedures to the extent applicable to the employee's duties and responsibilities. The plan shall be incorporated into the plan addressing the requirements of the United States Department of Transportation and Occupational Safety and Health Administration. Each operator shall hold a safety meeting with each contractor prior to the commencement of any new contract work at a gas storage project. Emergency measures specific to the contractor's work shall be explained in the contractor safety meeting.(5) Gas withdrawal wells exempt. Gas storage wells that will be used only for gas withdrawal are exempt from the requirements of paragraphs (1) and (2) of this subsection.(j) Area of review. The applicant shall review the data of public record for wells that penetrate the portion of the gas reservoir that falls within the area proposed to be designated as the gas storage reservoir, and those wells that penetrate the gas reservoir within 1/4 mile of the outer boundary of the proposed gas storage reservoir, to determine if all abandoned wells have been plugged in a manner that will prevent the movement of fluids from the gas storage reservoir. The applicant shall identify in the application any wells which appear from such review of public records to be unplugged or improperly plugged, and any other unplugged or improperly plugged wells of which the applicant has actual knowledge.(k) Casing. Gas storage wells shall be cased and the casing cemented in compliance with §3.13 of this title (relating to Casing, Cementing, Drilling, and Completion Requirements).(l) Special equipment.(1) Tubing and packer. New wells drilled or converted for injection of gases after April 1, 1982, shall be equipped with tubing set on a mechanical packer. Packers shall be set no higher than 200 feet below the known top of cement behind the long string casing but in no case higher than 150 feet below the base of fresh water.(2) Pressure observation valve. The wellhead shall be equipped with a pressure observation valve on the tubing and each annulus of the well.(3) Exceptions. An exception to any provision of this subsection may be granted administratively upon a showing of good cause. If a request for an exception is administratively denied, the operator shall have a right to a hearing upon request. After hearing, the examiner shall recommend a final action by the commission.(m) Well record. Within 30 days after the completion, conversion, or recompletion of a gas storage well, the operator shall file in duplicate in the district office a complete record of the well on the appropriate form which shows the current completion.(n) Monitoring and reporting.(1) Wellhead pressure. The wellhead pressure of each gas storage well shall be continuously recorded, continuously monitored electronically, or controlled by a preset high-low pressure sensor switch.(2) Pressure reporting. Information regarding wellhead pressures for each gas storage well shall be reported annually to the commission on the prescribed form.(3) Gas metering. The total volume of gas injected into and withdrawn from the storage project shall be metered through a master meter.(4) Record retention. All wellhead pressure records, gas metering records, and leak detector test results shall be retained by the operator for at least five years.(5) Reporting of leaks. The operator shall report to the appropriate district office the discovery of any pressure changes or other monitoring data that indicate the presence of leaks in the well or the lack of confinement of the injected gases to the gas storage reservoir. Such report shall be made orally as soon as practicable following the discovery of the leak, and shall be confirmed in writing within five working days.(6) Gas volume reports. On or before the last day of each month, the operator of each gas storage project that stores gas to supply a public utility shall file with the commission a report showing the volume of gas placed into storage and the volume of gas removed from storage at the project during the preceding month. The report shall also state the total volume of gas stored on the first and last days of the preceding month. This report shall be filed in a format acceptable to the commission.(o) Integrity testing.(1) Prior to commencing operations. Before beginning gas injection operations, the operator shall pressure test the long string casing, or the tubing-casing annulus if the well is equipped with tubing set in a packer. Gas storage wells in which injection occurs through casing shall be tested at the maximum authorized injection pressure. Gas storage wells in which injection occurs through tubing and packer shall be tested at no less than 500 psig.(2) Subsequent tests. Each gas storage well shall be pressure tested in the manner provided in paragraph (1) of this subsection at least once every five years to determine if there are leaks in the casing, tubing, or packer. The commission, or its designee, may prescribe a schedule and mail notification to operators to allow for orderly and timely compliance with this requirement.(3) Alternatives to testing. As an alternative to the testing required in paragraph (2) of this subsection, the tubing-casing annulus pressure may be monitored and monitoring results described in the annual monitoring report required by subsection (n) of this section, provided that there is no indication of problems with the well. The commission, or its designee, may also grant an exception for other viable alternative tests or surveys.(4) District office notification. The operator shall notify the appropriate district office at least 48 hours prior to conducting the test required in paragraphs (1) or (2) of this subsection. Testing shall not commence before the end of the 48-hour period unless authorized by the district office.(5) Test records. A complete record of all tests shall be filed in duplicate with the district office within 30 days after the testing.(6) Gas withdrawal wells exempt. Gas storage wells that shall be used only for gas withdrawal are excluded from the requirements of this subsection.(p) Plugging. Gas storage wells shall be plugged upon abandonment in accordance with §3.14 of this title (relating to Plugging).(q) Penalties.(1) General. Violations of this section may subject the operator to penalties and remedies specified in the Texas Natural Resources Code, Title 3; Texas Civil Statutes, Article 6053-3; and other statutes administered by the commission.(2) Certificate of compliance. The certificate of compliance for any oil, gas, or geothermal resource well may be revoked in the manner provided in §3.73 of this title (relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance) for violation of this section.(r) Applicability of other commission rules.(1) General. The operator of a gas storage project must comply with the requirements of Chapters 7 and 8 of this title (relating to Gas Services Division, and Pipeline Safety Regulations) for both pipelines and associated facilities, and other applicable commission rules and orders.(2) Signs. Each location at which gas storage activities take place, including each gas storage well, shall be identified by a sign that meets the requirements specified in §3.3(a)(1), (2), and (5) of this title (relating to Identification of Properties, Wells, and Tanks). In addition, each sign shall include a telephone number where the operator, or a representative of the operator, can be reached in the event of an emergency.", "sourceNote": "Source Note: The provisions of this §3.96 adopted to be effective January 1, 1994, 18 TexReg 8871; amended to be effective July 10, 2000, 25 TexReg 6487; amended to be effective September 1, 2004, 29 TexReg 8271; amended to be effective July 2, 2012, 37 TexReg 4892." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157282", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.97", "label": "Underground Storage of Gas in Salt Formations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223585", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Affected person--A person who, as a result of actions proposed in an application for a storage facility permit or amendment or modification of an existing storage facility permit, has suffered or may suffer actual injury or economic damage other than as a member of the general public.(2) Cavern--The storage space created in a salt formation by solution mining.(3) Commission--The Railroad Commission of Texas.(4) Emergency shutdown valve--A valve that automatically closes to isolate a gas storage wellhead from surface piping in the event of specified conditions that, if uncontrolled, may cause an emergency.(5) Fresh water--Water having bacteriological, physical, and chemical properties that make it suitable and feasible for beneficial use for any lawful purpose. For purposes of this section, brine associated with the creation, operation, and maintenance of an underground gas storage facility is not considered fresh water.(6) Gas storage well or storage well--A well, including the storage wellhead, casing, tubing, borehole, and cavern used for the injection or withdrawal of natural gas or any other gaseous substance into or out of an underground gas storage facility.(7) Leak or fire detector--A device capable of detecting by chemical or physical means the presence of stored product gas or the escape of stored product gas or the presence of flame or heat of a fire.(8) Operator--The person recognized by the Commission as being responsible for the physical operation of an underground gas storage facility, or such person's authorized representative.(9) Owner--The person recognized by the Commission as owning all or part of an underground gas storage facility, or such person's authorized representative.(10) Person--A natural person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(11) Pollution--Alteration of the physical, chemical, or biological quality of, or the contamination of, water that makes it harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.(12) Storage wellhead--Equipment installed at the surface of the wellbore, including the casinghead and tubing head, spools, block or wing valves, and instrument flanges. Spool pieces must have a length less than six feet to be considered a part of the storage wellhead.(13) Surface piping--Any pipe within a storage facility that is directly connected to a storage well, outboard of the wellhead emergency shutdown valve and used to transport gas, brine, or fresh water to or from a storage well whether such pipe is above or below ground level.(14) Underground gas storage facility or storage facility--A facility used for the storage of natural gas or any other gaseous substance in an underground salt formation, including surface and subsurface rights, appurtenances, and improvements necessary for the operation of the facility.(b) Permit required.(1) General. No person may create, operate, or maintain an underground gas storage facility without obtaining a permit from the Commission. A permit issued by the Commission for such activities before the effective date of this section shall continue in effect until revoked, modified, or suspended by the Commission, or until it expires according to its terms. The provisions of this section apply to permits to conduct gas storage operations issued prior to the effective date of this section, except as otherwise specifically provided.(2) Conflict with other requirements. If a provision of this section conflicts with any provision or term of a Commission order, field rule, or permit, the provision of such order, field rule, or permit shall control.(c) Application.(1) Information required. An application for a permit to create, operate, or maintain an underground gas storage facility shall be filed with the Commission by the owner or operator, or the proposed owner or operator, on the prescribed form. The application shall contain the information necessary to demonstrate compliance with applicable state laws and Commission regulations.(2) Permit amendment. An application for amendment of an existing underground gas storage facility permit shall be filed with the Commission:(A) prior to any planned enlargement of a cavern in excess of the permitted cavern capacity by solution mining;(B) when required in accordance with paragraph (3) of this subsection;(C) prior to the drilling of any additional storage wells;(D) prior to an increase in the maximum operating pressure above the permitted pressure; or(E) any time that conditions at the storage facility deviate materially from the conditions specified in the permit or permit application.(3) Increase in capacity. The owner or operator of a storage facility shall notify the Commission if information indicates that the capacity of a cavern exceeds the permitted cavern capacity by 20% or more. Such notification shall be made in writing to the Commission within 10 days of the date that the owner or operator of the storage facility knows or has reason to know that the cavern capacity exceeds the permitted capacity by 20% or more. The notification shall include a description of the information that indicates that the permitted cavern capacity has been exceeded, and an estimate of the current cavern capacity. Upon receipt of such information, the Commission or its designee may take any one or more of the following actions:(A) require the permittee to comply with a compliance schedule that lists measures to be taken to ensure that conditions at the storage facility do not pose a danger to life or property, and that no waste of gas, uncontrolled escape of gas, or pollution of fresh water occurs;(B) require the permittee to file an application to amend the underground gas storage facility permit;(C) modify, cancel, or suspend the permit as provided in subsection (f) of this section; or(D) take enforcement action.(d) Standards for underground storage zone.(1) Geologic, construction, and operating performance. An underground gas storage facility may be created, operated, or maintained only in an impermeable salt formation in a manner that will prevent waste of the stored gases, uncontrolled escape of gases, pollution of fresh water, and danger to life or property. This section does not authorize storage of liquid or liquefied hydrocarbons in an underground salt formation. A permit under §3.95 of this title (relating to Underground Storage of Liquid or Liquefied Hydrocarbons in Salt Formations) is required to convert from storage of natural gas to storage of liquid or liquefied hydrocarbons in an underground salt formation.(2) Fresh water strata. The applicant must submit with the application a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the depth to which fresh water strata occur at each storage facility.(e) Notice and hearing.(1) Notice requirements. The applicant shall, no later than the date the application is mailed to or filed with the Commission, give notice of an application for a permit to create, operate, or maintain an underground hydrocarbon storage facility, or to amend an existing storage facility permit, by mailing or delivering a copy of the application form to:(A) the surface owner of the tract where the storage facility is located or is proposed to be located;(B) the surface owner of each tract adjoining the tract where the storage facility is located or is proposed to be located;(C) each oil, gas, or salt leaseholder, other than the applicant, of the tract on which the storage facility is located or is proposed to be located;(D) each oil, gas, or salt leaseholder of any tract adjoining the tract on which the storage facility is located or is proposed to be located;(E) the county clerk of the county or counties where the storage facility is located or is proposed to be located; and(F) if the storage facility is located or is proposed to be located within city limits, the city clerk or other appropriate city official.(2) Publication of notice. Notice of the application, in a form approved by the Commission or its designee, shall be published by the applicant once a week for three consecutive weeks in a newspaper of general circulation in the county where the storage facility is or is proposed to be located. The applicant shall file proof of publication prior to any hearing on the application or administrative approval of the application.(3) Notice by publication. The applicant shall make diligent efforts to ascertain the name and address of each person identified under paragraph (1)(A) - (D) of this subsection. The exercise of diligent efforts to ascertain names and addresses of such persons shall require an examination of the county records where the facility is located and an investigation of any other information of which the applicant has actual knowledge. If, after diligent efforts, the applicant has been unable to ascertain the name and address of one or more persons required to be notified under paragraph (1)(A) - (D) of this subsection, the notice requirements for those persons are satisfied by the publication of the notice of application as required in paragraph (2) of this subsection. The applicant must submit an affidavit to the Commission specifying the efforts that were taken to identify each person whose name and/or address could not be ascertained.(4) Hearing required for new permits. A permit application for a new underground gas storage facility will be considered for approval only after notice and hearing. The Commission will give notice of the hearing to all affected persons, local governments, and other persons who express, in writing, an interest in the application. After hearing, the examiner shall recommend a final action by the Commission.(5) Hearing on permit amendments.(A) An application for an amendment to an existing storage facility permit may be approved administratively if the Commission receives no protest from a person notified pursuant to paragraph (1) of this subsection or from any other affected person.(B) If the Commission receives a protest from a person notified pursuant to paragraph (1) of this subsection or from any other affected person within 15 days of the date of receipt of the application by the Commission, or of the date of the third publication, whichever is later, or if the Commission determines that a hearing is in the public interest, then the applicant will be notified that the application cannot be approved administratively. The Commission will schedule a hearing on the application upon written request of the applicant. The Commission will give notice of the hearing to all affected persons, local governments, and other persons who express, in writing, an interest in the application. After hearing, the examiner shall recommend a final action by the Commission.(C) If the application is administratively denied, a hearing will be scheduled upon written request of the applicant. After hearing, the examiner shall recommend a final action by the Commission.(f) Modification, cancellation, or suspension of a permit.(1) General. Any permit may be modified, suspended, or canceled after notice and opportunity for hearing if:(A) a material change in conditions has occurred in the operation, maintenance, or construction of the storage facility, or there are material deviations from the information originally furnished to the Commission. A change in conditions at a facility that does not affect the safe operation of the facility or the ability of the facility to operate without causing waste of hydrocarbons or pollution is not considered to be material;(B) pollution of fresh water is likely as a result of continued operation of the storage facility;(C) there are material violations of the terms and provisions of the permit or Commission regulations;(D) the applicant has misrepresented any material facts during the permit issuance process; or(E) injected fluids are escaping or are likely to escape from the storage facility.(2) Imminent danger. Notwithstanding the provisions of paragraph (1) of this subsection, in the event of an emergency that presents an imminent danger to life or property, or where waste of hydrocarbons, uncontrolled escape of hydrocarbons, or pollution of fresh water is imminent, the Commission or its designee may immediately suspend a storage facility permit until a final order is issued pursuant to a hearing, if any, conducted in accordance with the provisions of paragraph (1) of this subsection. All operations at the facility shall cease upon suspension of a permit under this paragraph.(g) Transfer of permit. A storage facility permit may not be transferred without the prior approval of the Commission, or its designee. Until such transfer is approved by the Commission or its designee, the proposed transferee may not conduct any activities authorized by the permit. The following procedure shall be followed when requesting approval for transfer of a permit.(1) Request. Prior to transferring either ownership or operation of a storage facility, the permittee shall file with the Commission a request for transfer of the permit. Such a request may not be filed unless a completed Form P-4, signed by both the permittee and the proposed transferee, has been filed with the Commission.(2) Approval. The Commission, or its designee, shall approve the transfer of a storage facility permit, provided:(A) the proposed transferee is not the subject of any unsatisfied Commission enforcement order at the time of the request for permit transfer; and(B) there are no existing violations of any Commission regulation, order, or permit at the storage facility at the time of the request for permit transfer that have been documented by the Commission, or its employees, unless the proposed transferee agrees to correct the violations according to a compliance schedule approved by the Commission, or its designee.(3) Good cause. Notwithstanding paragraph (2) of this subsection, for good cause shown the Commission, or its designee, may require public notice and opportunity for hearing prior to taking action on a request for transfer of a permit. Such request may be denied after notice and opportunity for hearing if the Commission or its designee finds that transfer of the permit would not be in the public interest.(h) Safety. The following safety requirements shall apply to all underground gas storage facilities, provided, however, that the provisions of this subsection shall not apply to any natural gas storage well that is out of service and disconnected from surface piping. Notwithstanding the compliance time periods specified in this subsection, a new underground gas storage facility permitted under this section must have all required safety measures and equipment in place before commencement of storage operations at the facility. All existing storage facilities must have such safety measures and equipment in place within the period of time specified. Notwithstanding the compliance time periods specified in paragraph (2)(B) of this subsection, no storage well in active service may be operated without a fully functional emergency shutdown valve unless in compliance with specified conditions of paragraph (2)(C) of this subsection.(1) Monitoring of injection and withdrawal operations. All gas injection and withdrawal activities shall be continuously monitored by an individual who is experienced and trained in such activities. Any facility that is unattended during injection and withdrawal activities shall have company personnel on call at all times. On-call personnel must be able to reach the facility within 30 minutes from the time a potential problem is noted by the individual monitoring the injection or withdrawal activities.(2) Storage wellhead.(A) The storage wellhead must be designed, operated, and maintained to contain the contents of the storage well and protect against loss of stored product.(B) Within five years of the effective date of this section, the operator shall have installed emergency shutdown valves between the wellhead and the gas injection/withdrawal surface piping of each storage well and between the wellhead and any brine or fresh water surface piping. Within one year of the effective date of this section, the operator may request an exception to the storage wellhead configuration or compliance date of this subparagraph and propose an alternative configuration or workover schedule for approval by the Commission or its designee. A storage well that is out of service and is disconnected from surface piping shall be exempt from this requirement until reactivated for active gas storage. Emergency shutdown valves shall meet the following requirements:(i) Each emergency shutdown valve shall be capable of activation at each storage well, at the on-site control center if one exists, at the remote control center if one exists, and at a location that is reasonably anticipated to be accessible to emergency response personnel at any facility that does not have an on-site control center that is attended 24 hours per day.(ii) Each emergency shutdown valve shall be an automatic fail-closed valve that automatically closes when there is a loss of pneumatic or hydraulic pressure on, or power to, the valve or when the maximum operating pressure under subsection (k) of this section is exceeded.(iii) Each emergency shutdown valve shall be closed and opened at least monthly.(iv) Each emergency shutdown valve system shall be tested at least twice each calendar year at intervals not to exceed 7 1/2 months. The test shall consist of activating the actuation devices, checking the warning system, and observing the valve closure.(C) If an emergency shutdown valve system fails to operate as required, the well shall be immediately shut in until repairs are completed, unless:(i) a backup emergency shutdown valve is in operation on the same piping; or(ii) an attendant is posted at the well site to provide immediate manual shut-in.(3) Gas, brine, and fresh water surface piping.(A) Gas surface piping shall be designed for the permitted maximum allowable operating pressure on the hydrocarbon side of the well. For facilities with hazardous materials surface piping under the administrative authority of the Safety Division of the Railroad Commission of Texas, for the purposes of this section, gas surface piping extends from the wellhead emergency shutdown valve to the first pressure regulation device, including a manual, motor-operated, or emergency shutdown valve.(B) Brine piping, if any, shall be designed for the maximum brine wellhead pressure and to transport, under emergency conditions, gas to a gas control system if the operator is solution mining while the gas storage well is in active storage service, unless:(i) a secondary emergency shutdown valve is in operation on the brine surface piping; and(ii) the brine surface piping between the wellhead emergency shutdown valve and the secondary emergency shutdown valve is designed for the permitted maximum allowable operating pressure on the hydrocarbon side of the well.(C) Fresh water surface piping, if any, must be equipped with an emergency shutdown valve unless it is:(i) disconnected from the wellhead; or(ii) connected to the brine surface piping outboard of the wellhead emergency shutdown valve; or(iii) designed for the maximum allowable operating pressure on the hydrocarbon side of the well; and has an internal diameter of less than or equal to two inches; and an attendant is posted at the well site to provide immediate manual shut-in when in use.(D) Fresh water piping designed for the permitted maximum allowable operating pressure on the hydrocarbon side of the well and with an internal diameter of less than or equal to two inches, is exempt from the requirement that an emergency shutdown valve be separated from the wellhead by a spool no longer than six feet.(4) Cavern debrining and solution mining operations.(A) Within one year of the effective date of this section, each storage well shall have two or more of the following redundant devices or methods in operation during cavern debrining operations or during solution mining operations that are conducted with gas in storage in the same cavern. These devices are designed to prevent the release of gas into the brine and fresh water systems connected to the well during cavern debrining operations or during solution mining operations that are conducted with gas in storage in the same cavern. Gas release prevention shall consist of at least two of the following redundant devices or methods:(i) emergency shutdown valves equipped with pressure sensor switches or transducers set to automatically close emergency shutdown valves on the brine side of the wellhead and on the fresh water piping, if any, in response to preset pressures on the brine and fresh water piping of the well;(ii) weep hole(s) on the brine return string in conjunction with a preset pressure sensor switch or transducer on the brine piping that is set to automatically close emergency shutdown valves on the brine side of the wellhead and on the fresh water piping, if any, in response to a preset pressure;(iii) a device on the brine return string or brine piping that detects hydrocarbon in the brine by physical or chemical characteristics and that is set to automatically close emergency shutdown valves on the brine side of the wellhead and on the fresh water piping, if any, in response to hydrocarbon detection;(iv) an instrument that detects a rapid increase in the brine flow rate indicative of hydrocarbon in the brine and that is set to automatically close emergency shutdown valves on the brine side of the wellhead and on the fresh water piping, if any, in response to a preset flow rate or differential flow rate; or(v) an alternative device or method approved by the Commission.(B) Solution mining of a cavern may occur while gas is in storage, provided that the injection of fresh water and the injection of gas do not occur simultaneously within the same cavern.(5) Leak or fire detectors.(A) Within two years of the effective date of this section, a leak or fire detector shall be installed and in operation at each gas storage well and each structurally enclosed compressor site.(B) Leak or fire detectors shall be tested twice each calendar year at intervals not to exceed 7 1/2 months, and, when defective, repaired or replaced within 10 days. Leak or fire detectors shall be integrated with warning systems required in paragraph (6)(A) of this subsection.(6) Warning systems and alarms.(A) Within two years of the effective date of this section, all leak or fire detectors and sensors or methods that actuate the emergency shutdown valve shall be integrated with warning systems that are audible and visible in the control room and at any remote control center. The circuitry shall be designed so that failure of a leak or fire detector to function will activate the warning.(B) A manually operated audible alarm shall be installed at each attended storage facility. The alarm shall be audible in areas of the facility where personnel are normally located.(7) Emergency response plan. Each storage facility shall submit to the Commission a written emergency response plan. The plan shall address gas releases, fires, fire suppression capability, explosions, loss of electricity, and loss of telecommunication services. The plan shall describe the facility's emergency response communication system, procedures for coordination of emergency communication and response activities with local authorities, use of warning systems, procedures for citizen and employee emergency notification and evacuation, and employee training. The plan shall also include a plat of the facility showing the locations of wells, processing areas, and other significant features at the facility. The initial plan must be designed based upon the existing safety measures at the facility. The plan shall be updated as changes in safety features at the facility occur, or as the Commission or its designee requires. A copy of the plan shall be provided to the local emergency response committee and to any other local governmental entity that submits a written request for a copy of the plan to the operator. Copies of the plan shall also be available at the storage facility and at the company headquarters.(8) Notification of emergency or uncontrolled release.(A) Emergency response personnel. Each operator shall notify the county sheriff's office, the county emergency management coordinator, and any other appropriate public officials which are identified in the emergency response plan of any emergency that could endanger nearby residents or property. Such emergencies include, but are not limited to, an uncontrolled release of hydrocarbons from a storage well or a leak or fire at any area of the storage facility. The operator shall give notice as soon as practicable following the discovery of the emergency. At the time of the notice, the operator shall also report an assessment of the potential threat to the public.(B) Commission. The operator shall report to the appropriate Commission district office as soon as practicable any emergency, significant loss of gas or fluids, significant mechanical failure, or other problem that increases the potential for an uncontrolled release. The operator shall file with the Commission within 30 days of the incident a written report on the root cause of the incident. Within 90 days of the incident, the operator shall file with the Commission a written report that describes the operational changes, if any, that have been or will be implemented to reduce the likelihood of a recurrence of a similar incident. An operator may request that the Commission grant, for good cause, a reasonable amount of additional time to file a written report on the root cause of the incident.(9) Annual emergency drill. Annually, each operator shall conduct a drill that tests response to a simulated emergency. Written notice of the drill shall be provided to the appropriate Commission district office, the county emergency management coordinator, and the county sheriff's office at least seven days prior to the drill. Local emergency response authorities shall be invited to participate in all such drills. The operator shall file a written evaluation of the drill and plans for improvements with the appropriate district office and the county emergency management coordinator within 30 days after the date of the drill.(10) Employee safety training.(A) Each operator shall prepare and implement a plan to train and test each employee at each underground gas storage facility on operational safety to the extent applicable to the employee's duties and responsibilities. The facility's emergency response plan shall be included in the training program.(B) Each operator shall hold a safety meeting with each contractor prior to the commencement of any new contract work at an underground gas storage facility. Emergency measures, including safety and evacuation measures specific to the contractor's work, shall be explained in the contractor safety meeting.(11) Fire suppression capability.(A) Within three years of the effective date of this section, each operator shall have fire suppression capability designed to aid in personnel rescue and equipment protection and cooling.(B) Within one year of the effective date of this section, the operator may request an exception to the schedule or fire suppression requirement of this paragraph and propose an alternative schedule or means of protection from wellhead fire for approval of the Commission or its designee.(12) Wellhead, piping, and associated valves. All wellhead surface piping and associated valves shall be designed, installed, and operated in accordance with engineering standards to the expected service conditions to which the piping and equipment will be subjected.(13) Barriers. Within one year of the effective date of this section, barriers designed to prevent unintended impact by vehicles and equipment shall be placed around above grade hydrocarbon piping, hydrocarbon process equipment where vehicles may normally be expected to travel, or within 100 feet of a public road.(i) Cavern capacity and configuration.(1) Before storage operations begin. The capacity and configuration of each gas storage cavern (both salt domes and bedded salt) shall be determined by sonar survey before storage operations begin in a newly completed cavern.(2) Salt domes. The capacity and configuration of each salt dome gas storage cavern shall be determined by sonar survey before a cavern that has been out of service is returned to service, provided, however, that a sonar survey shall not be required on a cavern that is being returned to service if a sonar survey of that cavern has been run at any time during the previous 10 years.(3) Bedded salt. The configuration of the roof of each gas storage cavern in bedded salt shall be determined by downhole log or an alternate method approved by the Commission, or its designee, at least once every five years.(4) Filing of results. Sonar and roof monitoring survey results shall be filed with the Commission within 30 days after the survey.(5) Out-of-service caverns. A sonar or roof monitoring survey is not required for a cavern that is out of service. A sonar or roof monitoring survey shall be performed before any such cavern that has been out of service is returned to service, unless the provisions of paragraph (2) of this subsection apply.(6) Verification. Sonar surveys performed before debrining shall be verified by metering the volume of the displaced brine.(j) Well completion, casing, and cementing. Gas storage wells shall be cased and the casing strings cemented to prevent gases from escaping to the surface or into fresh water strata, or otherwise escaping and causing waste or endangering public safety or the environment.(1) New wells.(A) All gas storage wells drilled in salt domes after the effective date of this section shall have at least two casing strings cemented into the salt formation. Sufficient cement shall be used to fill the annular space outside the casing from the casing shoe to the ground surface, or from the casing shoe to a point at least 200 feet above the shoe of the previous casing string.(B) All gas storage wells drilled in bedded salt after the effective date of this section shall have all casing strings cemented with sufficient cement to fill the annular space outside each casing string from the casing shoe to the ground surface.(2) Well completion report. A well completion report shall be filed in accordance with the instructions on the form prescribed by the Commission within 30 days after a storage well is completed and before solution mining to create the cavern begins.(k) Operating pressure.(1) Not to exceed maximum. The operating pressure of each gas storage well shall not exceed the permitted maximum allowable operating pressure for that well. The permitted maximum allowable operating pressure is that pressure specified in the Commission permit or order, or, if not specified in the permit or order, that pressure stated in the application or the application for amendment to a permit or order.(2) At casing seat. The maximum operating pressure at the casing seat shall not exceed 0.85 pounds per square inch per foot of depth.(l) Monitoring requirements.(1) Gas pressure. Gas pressure on the injection/withdrawal casing or tubing or piping connected thereto shall be equipped with a pressure sensor to continuously monitor the wellhead pressure. Pressure sensors shall be integrated electronically with the warning systems, alarms, and emergency shutdown valve actuation system as required in subsection (h)(2)(B) and (h)(6)(A) of this section.(2) Pressure observation valves. The injection/withdrawal casing or tubing shall be equipped with a pressure observation valve and gauge. The wellhead shall be equipped with a pressure observation valve on each casing annulus so that a gauge may be installed for pressure monitoring.(3) Volumes injected and withdrawn. The volume of gas injected into and withdrawn from each storage well shall be measured by:(A) flow meter for each well; or(B) an alternate method approved by the Commission.(4) Meter calibration. Meters that measure the volume of gas into storage and out of storage shall be recalibrated at least once each year.(5) Data recording. Within three years of the effective date of this section, operators shall have installed and have functioning equipment to electronically record all liquid and gas pressures and injection volumes and rates at a frequency of at least once per minute, and all actuations of the emergency shutdown valve.(m) Reporting.(1) Monthly reports. On or before the last day of each month, the operator of each facility that stores gas to supply a public utility shall file with the Commission a report showing the volume of gas placed into storage and the volume of gas removed from storage at the storage facility, during the preceding month. The report shall also state the total volume of gas in storage on the first and last days of the preceding month. This report shall be filed in a format acceptable to the Commission or its designee.(2) Annual reports. The operator shall file annually a status report for each storage well in accordance with the instructions on the form prescribed by the Commission.(n) Operations, construction, and maintenance records retention.(1) Operations data.(A) The operator shall retain for at least three months all electronic records of storage well pressures, volumes of gases injected and withdrawn, and the inventory of gas in storage. These electronic data shall be recorded at a frequency of at least once per minute.(B) The operator shall retain for at least five years the records reported to the Commission under subsection (m). These electronic data shall be recorded at a frequency of at least once per day.(2) Records retention. The operator shall retain for at least five years the records of measurement performance under subsection (l)(4) of this section; and testing of safety devices under subsection (h) of this section. Records of any test of a safety device required under subsection (h) of this section shall be available for on-site inspection within 10 days of the date of the test.(3) Construction and maintenance data. The operator shall retain for the life of the facility documents and records pertaining to the drilling, mining, completion, repair and workover of storage wells and the testing of storage well integrity, and shall transfer all such documents and records to any new owner and/or new operator of the facility.(4) Extension during investigation. The operator shall retain beyond the prescribed retention period any documents or records that contain operational data pertaining to the resolution of any pending regulatory enforcement proceedings until the resolution of such proceedings.(o) Testing and maintenance.(1) Integrity tests. Each gas storage well shall be tested for integrity prior to being placed into service, at least once every five years, and after each workover that involves physical changes to any cemented casing string. The following requirements apply to such integrity tests.(A) A test procedure shall be filed with the Commission for approval at least 10 days before the test date.(B) The initial test conducted on a well prior to placing it into service shall be performed using the nitrogen-interface test method or an alternative method approved by the Commission or its designee.(C) The integrity test required to be conducted at least once every five years on a well that has gas in storage may be performed using pressure monitoring, provided:(i) the wellhead pressure is stabilized such that the effects of ambient temperature on pressure have overtaken the effects of the last injection or withdrawal on pressure;(ii) a downhole temperature log is run at the beginning and at the end of the test period;(iii) the test period is a minimum of 72 hours; and(iv) the net gas volume change for the test period is calculated.(D) The operator shall notify the district office at least five days prior to conducting any integrity test.(E) A complete record of each integrity test shall be filed in duplicate with the district office within 30 days after testing is completed. The record shall include a chronology of the test, copies of all downhole logs, storage well completion information, pressure readings, volume measurements, temperature logs and readings, and an explanation of the test results that addresses the precision of the test in terms of a calculated leak rate.(2) Alternative monitoring. An operator may request the Commission or its designee to approve well pressure monitoring as an alternative to integrity testing for storage wells that are out of gas storage service. An out-of-service well shall be tested for integrity by the nitrogen-interface method before it may be returned to storage service.(3) Storage wellhead and casing. Storage wellhead components and casing shall be inspected at least once every 15 years for corrosion, cracks, deformations, or other conditions that may compromise integrity and that may not be detected by the five-year test. The operator may request an extension of up to five years from the Commission for good cause. Factors the Commission may consider in determining good cause pursuant to this paragraph include by are not limited to the age, location, and configuration of the well; well and facility history; operator compliance record; operator efforts to comply with this subsection; and accuracy of inventory control.(4) Fresh water, brine, and gas surface piping. Within one year of the effective date of this section, the operator shall submit a piping integrity management plan for approval by the Commission or its designee. Within three years of the effective date of this section, or in conjunction with the storage well integrity testing, all gas, freshwater, and brine surface piping shall be maintained according to the facility's piping integrity management plan.(p) Plugging.(1) Plug on abandonment. A gas storage well shall be plugged upon permanent abandonment in a manner approved by the Commission or its designee. A proposal for plugging shall be submitted to the Commission in Austin for approval or modification prior to plugging. Following approval of a plugging plan, the operator shall file notification of intent to plug at least five days prior to commencement of plugging operations. A plugging report shall be filed with the Commission within 30 days after plugging.(2) Alternative monitoring. As an alternative to plugging a gas storage well that has been permanently deactivated, an operator may request approval by the Commission or its designee of a plan to convert the well to a monitor well. A pressure monitoring plan must be submitted to the Commission along with the request to convert the well to a monitoring well.(q) Penalties.(1) Penalties. Violations of this section may subject the operator to penalties and remedies specified in Texas Natural Resources Code, Title 3; Texas Utilities Code, Chapter 121; and other statutes administered by the Commission.(2) Certificate of compliance. The certificate of compliance for any underground gas storage facility may be revoked in the manner provided in §3.73 of this title (relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance) for violation of this section.(r) Applicability of other Commission rules and orders. The owner or operator of an underground gas storage facility is not relieved by this section of compliance with any other requirement of Chapters 3, 4, 7, or 8 of this title (relating to Oil and Gas Division; Environmental Protection; Gas Services Division; or Pipeline Safety Regulations).", "sourceNote": "Source Note: The provisions of this §3.97 adopted to be effective January 1, 1994, 18 TexReg 8871; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective January 30, 2007, 32 TexReg 289; amended to be effective July 2, 2012, 37 TexReg 4892." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223585", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.98", "label": "Standards for Management of Hazardous Oil and Gas Waste" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162157", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish standards for management of hazardous oil and gas waste.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Activities associated with the exploration, development, and production of oil or gas or geothermal resources--Activities associated with:(A) the drilling of exploratory wells, oil wells, gas wells, or geothermal resource wells;(B) the production of oil, gas, or geothermal resources, including:(i) activities associated with the drilling of injection water source wells that penetrate the base of usable quality water;(ii) activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the commission to regulate the production of oil, gas, or geothermal resources;(iii) activities associated with natural gas or natural gas liquids processing plants or reservoir pressure maintenance or repressurizing plants;(iv) activities associated with any underground natural gas storage facility, provided the terms \"natural gas\" and \"storage facility\" shall have the meanings set out in Texas Natural Resources Code, §91.173;(v) activities associated with any underground hydrocarbon storage facility, provided the terms \"hydrocarbons\" and \"underground hydrocarbon storage facility\" shall have the meanings set out in Texas Natural Resources Code, §91.201; and(vi) activities associated with the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel;(C) the operation, abandonment, and proper plugging of wells subject to the jurisdiction of the commission to regulate the exploration, development, and production of oil or gas or geothermal resources; and(D) the discharge, storage, handling, transportation, reclamation, or disposal of waste or any other substance or material associated with any activity listed in subparagraphs (A) - (C) of this paragraph.(2) Administrator--The administrator of the United States Environmental Protection Agency, or the administrator's designee.(3) Authorized facility--Either:(A) an authorized recycling or reclamation facility; or(B) an authorized treatment, storage, or disposal facility.(4) Authorized recycling or reclamation facility--A facility permitted in accordance with the requirements of 40 CFR, Parts 270 and 124 or Part 271, if required, at which hazardous waste that is to be recycled or reclaimed is managed and whose owner or operator is subject to regulation under:(A) 40 CFR, §261.6(c) or an equivalent state program (concerning facilities that recycle recyclable materials); or(B) 40 CFR, Part 266, Subparts C (concerning recyclable materials used in a manner constituting disposal), F (concerning recyclable materials used for precious metal recovery), or G (concerning spent lead-acid batteries being reclaimed), or an equivalent state program.(5) Authorized representative--The person responsible for the overall operation of all or any part of a facility or generation site.(6) Authorized treatment, storage, or disposal facility--A facility at which hazardous waste is treated, stored, or disposed of that:(A) has received either:(i) a permit (or interim status) in accordance with the requirements of 40 CFR, Parts 270 and 124 (EPA permit); or(ii) a permit (or interim status) from a state authorized in accordance with 40 CFR, Part 271; and(B) is authorized under applicable state or federal law to treat, store, or dispose of that type of hazardous waste. If a hazardous oil and gas waste is destined to a facility in an authorized state that has not yet obtained authorization from the EPA to regulate that particular hazardous waste, then the designated facility must be a facility allowed by the receiving state to accept such waste and the facility must have a permit issued by the EPA to manage that waste.(7) Centralized Waste Collection Facility or CWCF--A facility that meets the requirements of subsection (m)(3) of this section.(8) Certification--A statement of professional opinion based upon knowledge and belief.(9) CFR--Code of Federal Regulations.(10) CESQG--A conditionally exempt small quantity generator, as described in subsection (f)(1) of this section (relating to generator classification and accumulation time).(11) Commission--The Railroad Commission of Texas or its designee.(12) Container--Any portable device in which material is stored, transported, treated, disposed of, or otherwise handled.(13) Contaminated media--Soil, debris, residues, waste, surface waters, ground waters, or other materials containing hazardous oil and gas waste as a result of a discharge or clean-up of a discharge.(14) Department of Transportation or DOT--The United States Department of Transportation.(15) Designated facility--An authorized facility that has been designated on the manifest by the generator pursuant to the provisions of subsection (o)(1) of this section (relating to general manifest requirements).(16) Discharge or hazardous waste discharge--The accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.(17) Disposal--The discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.(18) Disposal facility--A facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure.(19) Elementary neutralization unit--A device consisting of a tank, tank system, container, transport vehicle, or vessel that is used for neutralizing wastes that are hazardous wastes:(A) only because they exhibit the characteristic of corrosivity under the test referred to in subsection (e)(1)(D)(ii) of this section (relating to characteristically hazardous wastes); or(B) they are identified in subsection (e)(1)(D)(i) of this section (relating to listed hazardous wastes) only because they exhibit the corrosivity characteristic.(20) Empty container--A container or an inner liner removed from a container that has held any hazardous waste and that meets the requirements of 40 CFR, §261.7(b).(21) Environmental Protection Agency or EPA--The United States Environmental Protection Agency.(22) EPA Acknowledgment of Consent--The cable sent to the EPA from the United States Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.(23) EPA hazardous waste number--The number assigned by the EPA to each hazardous waste listed in 40 CFR, Part 261, Subpart D, and to each characteristic identified in 40 CFR, Part 261, Subpart C.(24) EPA identification number or EPA ID Number--The number assigned by the EPA to each hazardous waste generator, transporter, and treatment, storage, or disposal facility.(25) EPA Form 8700-12--The EPA form that must be completed and delivered to the commission in order to obtain an EPA ID number.(26) Executive director of the TCEQ--The executive director of the TCEQ or the executive director's designee.(27) Facility--All contiguous land, including structures, other appurtenances, and improvements on the land, used for recycling, reclaiming, treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations thereof).(28) Generate--To produce hazardous oil and gas waste or to engage in any activity (such as importing) that first causes a hazardous oil and gas waste to become subject to regulation under this section.(29) Generation site--(A) Excluding sites addressed in subparagraphs (B) (relating to pipelines) and (C) (relating to gas plants) of this paragraph, any of the following operational units that are owned or operated by one person and other sites at which hazardous oil and gas waste is generated or where actions first cause a hazardous oil and gas waste to become subject to regulation, including but not limited to:(i) all oil and gas wells that produce to one set of storage or treatment vessels, such as a tank battery, the storage or treatment vessels, associated flowlines, and related land surface;(ii) an injection or disposal site, that is not part of a generation site described in subparagraph (A)(i) of this paragraph, its related injection or disposal wells, associated injection lines, and related land surface;(iii) an offshore platform; or(iv) any other site, including all structures, appurtenances, or other improvements associated with that site that are geographically contiguous, but which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way.(B) In the case of a pipeline system (other than a field flowline or injection line system), an equipment station (such as a pump station, breakout station, or compressor station) or any other location along a pipeline (such as a drip pot, pigging station, or rupture), together with any and all structures, other appurtenances, and improvements:(i) that are geographically contiguous with or are physically related to an equipment station or other location described in this paragraph, but excluding any pipeline that connects two or more such stations or locations;(ii) that are owned or operated by one person; and(iii) at which hazardous oil and gas waste is produced or where actions first cause a hazardous oil and gas waste to become subject to regulation.(C) A natural gas treatment or processing plant or a natural gas liquids processing plant.(30) Generator--Any person, by generation site, whose act or process produces hazardous oil and gas waste or whose act first causes a hazardous oil and gas waste to become subject to regulation under this section, or such person's authorized representative.(31) Geothermal energy and associated resources Geothermal energy and associated resources as defined in Texas Natural Resources Code, §141.003(4).(32) Hazardous oil and gas waste--Any oil and gas waste determined to be hazardous under the provisions of subsection (e) of this section (relating to hazardous waste determination).(33) Hazardous oil and gas waste constituent--A hazardous waste constituent of hazardous oil and gas waste.(34) Hazardous waste--A hazardous waste, as defined in 40 CFR, §261.3, including a hazardous oil and gas waste.(35) Hazardous waste constituent--A constituent that caused the administrator to list a hazardous waste in 40 CFR, Part 261, Subpart D, or a constituent listed in table 1 of 40 CFR, §261.24.(36) International shipment--The transportation of hazardous oil and gas waste into or out of the jurisdiction of the United States.(37) Land disposal--The placement in or on the land, except as otherwise provided in 40 CFR, Part 268, including placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.(38) LQG--A large quantity generator, as described in subsection (f)(3) of this section (relating to generator classification and accumulation time).(39) Management--The systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.(40) Manifest--The shipping document required pursuant to the provisions of subsection (o) of this section (relating to manifests).(41) Manifest document number--The 12-digit identification number assigned to a generator by the EPA, plus a unique five-digit document number assigned to the manifest by the generator, or preprinted on the manifest, for recording and reporting purposes.(42) Oil and gas waste--Waste generated in connection with activities associated with the exploration, development, and production of oil or gas or geothermal resources, or the solution mining of brine. Until delegation of authority under RCRA to the commission by EPA, the term \"oil and gas waste\" shall exclude hazardous waste arising out of or incidental to activities associated with natural gas treatment or natural gas liquids processing plants and reservoir pressure maintenance or repressurizing plants.(43) On-site--At the generation site.(44) Operator--The person responsible for the overall operation of a facility.(45) Owner--The person who owns a facility or part of a facility.(46) P-5 operator number--The number assigned by the commission to each person who conducts any of the activities specified in §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements) within the State of Texas.(47) Person--An individual, firm, joint stock company, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(48) Pressure maintenance plant or repressurizing plant--A plant for processing natural gas for reinjection (for reservoir pressure maintenance or repressurizing) in a natural gas recycling project. These terms do not include a compressor station along a natural gas pipeline system or a pump station along a crude oil pipeline system.(49) Primary exporter--Any person who is required to originate the manifest for a shipment of hazardous waste in accordance with 40 CFR, Part 262, Subpart B, or equivalent state provision, that identifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.(50) Receiving country--A foreign country to which a hazardous waste is sent for the purpose of treatment, storage, or disposal (except short-term storage incidental to transportation).(51) Reclaim--To process to recover a usable product or to regenerate.(52) Recycle--To beneficially use, reuse, or reclaim hazardous waste.(53) Reportable quantity--The quantity of a hazardous substance released in a 24-hour period that must be reported under the provisions of 40 CFR, Part 117 (for spills to water) or Part 302 (any spill).(54) Resource Conservation and Recovery Act or RCRA--The federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 USC §6901, et seq.(55) Reuse--To employ hazardous waste as an ingredient in an industrial process to make a product (other than recovery of distinct components of hazardous waste as separate end products) or effective substitution of hazardous waste for a commercial product used in a particular function or application.(56) Sludge--Any solid, semi-solid, or liquid waste generated from a wastewater treatment plant or water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.(57) Solid waste--Any waste identified in 40 CFR, §261.2.(58) Solution mined brine--Brine extracted from a subsurface salt formation through dissolution of salt in the formation.(59) SQG--A small quantity generator, as described in subsection (f)(2) of this section (relating to generator classification and accumulation time).(60) State--Any of the 50 states that compose the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.(61) Storage--The holding of hazardous waste for a temporary period (excluding storage at the site of generation during the applicable accumulation time period specified in subsection (f) of this section), at the end of which the hazardous waste is recycled, reclaimed, treated, disposed of, or stored elsewhere.(62) Tank--A stationary device designed to contain an accumulation of hazardous waste that is constructed primarily of non-earthen materials (e. g., wood, concrete, steel, plastic) that provide structural support.(63) Tank system--A tank and its associated ancillary equipment and containment system.(64) TCEQ--The Texas Commission on Environmental Quality or its successor agencies.(65) Totally enclosed treatment facility--A facility for the treatment of hazardous waste that is directly connected to an industrial production process and that is constructed and operated in a manner that prevents the release of any hazardous waste or hazardous waste constituent into the environment during treatment (e.g., a pipe in which waste acid is neutralized).(66) Transfer facility--Any transportation-related facility including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation.(67) Transport vehicle--A motor vehicle or rail car used for the transportation of cargo. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.(68) Transportation--The movement of hazardous waste by air, rail, highway, or water.(69) Transporter--A person engaged in the off-site transportation of hazardous waste.(70) Treatment--Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, to recover energy or material resources from the waste, or to render such waste non-hazardous or less hazardous, safer to transport, store, or dispose of, amenable for recovery or storage, or reduced in volume. The term does not include any activity that might otherwise be considered treatment that is exempt from regulation under this section (such as neutralization of caustic or acidic fluids in an elementary neutralization unit).(71) TCEQ-Form 0311--The TCEQ Uniform Hazardous Waste Manifest form. This form can be obtained from the commission.(72) United States--The 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.(73) Used Oil--Any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.(74) Vessel--Every description of watercraft used or capable of being used as a means of transportation on the water. The term does not include a structure that is or is designed to be, permanently affixed to one location, or a drilling or workover vessel that is stationary or fixed for the performance of its primary function.(75) Waste--Any solid waste, as that term is defined in 40 CFR, §261.2.(76) Wastewater treatment unit--A device (such as a hydrostatic test water treatment unit) that:(A) is a tank or tank system comprising part of a wastewater treatment facility that is subject to regulation under either §§402 or 307(b) of the Clean Water Act, 33 USC §§1342 or 1317(b); and(B) receives and treats or stores an influent wastewater that is a hazardous waste, that generates and accumulates a wastewater treatment sludge that is a hazardous waste, or treats or stores a wastewater treatment sludge that is a hazardous waste.(77) Water (bulk shipment)--The bulk transportation of hazardous waste that is loaded or carried on board a vessel without containers or labels.(c) Applicability.(1) General.(A) This section applies to any person who generates hazardous oil and gas waste and to any person who transports hazardous oil and gas waste.(B) An owner or operator of a treatment, storage, or disposal facility regulated by the TCEQ's industrial and hazardous waste program, shall be subject to the standards for generators of hazardous waste found in Title 30, Texas Administrative Code, Chapter 335, Subchapter C (TCEQ standards for generators) if the facility generates a new waste that contains hazardous oil and gas waste and waste regulated by the TCEQ's industrial and hazardous waste program.(2) Requirements Cumulative. The provisions of this section are in addition to applicable provisions contained in any other section, order, policy, rule, or statutory authority of the commission. In the event of a conflict between this section and any other section, order, policy, or rule of the commission, this section shall control.(d) General Prohibitions. No person may cause, suffer, allow, or permit the collection, handling, storage, transportation, treatment, or disposal of hazardous oil and gas waste in a manner that would violate the provisions of this section.(e) Hazardous Waste Determination.(1) Determination. A person who generates a waste shall determine if such waste is hazardous oil and gas waste as provided in this subsection. A hazardous oil and gas waste is a waste that:(A) is defined in subsection (b) of this section (relating to definitions) as an oil and gas waste;(B) is not described in 40 CFR, §261.4(a) (which describes wastes that are not considered solid wastes);(C) is not described in 40 CFR, §261.4(b) (which describes solid wastes that are exempt from regulation under RCRA Subtitle C); and(D) is identified as a hazardous waste either:(i) in 40 CFR, Part 261, Subpart D (regarding listed hazardous wastes); or(ii) in 40 CFR, Part 261, Subpart C (regarding characteristically hazardous wastes), as determined either:(I) by testing the waste:(-a-) in accordance with methods described in 40 CFR, Part 261, Subpart C; or(-b-) in accordance with an equivalent method approved by the administrator under 40 CFR, §260.21; or(II) by applying knowledge of the hazard characteristics of the waste in light of the materials or processes used.(2) Land Ban. Each LQG and SQG shall determine whether the hazardous oil and gas waste it generates is prohibited from land disposal under the provisions of 40 CFR, Part 268. If the waste is prohibited from land disposal, the LQG or SQG must comply with all applicable provisions of 40 CFR, Part 268 (concerning management of land ban wastes) prior to disposing of such waste.(3) Exclusions and Exemptions.(A) Notwithstanding the provisions of subsection (e)(1) of this section, in the event the administrator determines, in accordance with the provisions of 40 CFR, §260.22, that a particular oil and gas waste that is considered a hazardous oil and gas waste because it meets criteria set out in subsection (e)(1)(D)(i) of this section (relating to listed hazardous wastes) should not be considered a hazardous waste, such waste shall be exempt from regulation under this section.(B) Notwithstanding the provisions of subsection (e)(1) of this section the following are exempt from regulation under this section:(i) any oil and gas waste described in 40 CFR, §261.6(a)(2) (concerning recyclable materials) that is managed as provided in applicable provisions of 40 CFR, Part 266, Subparts C - H, and 40 CFR, Parts 270 and 124;(ii) any oil and gas waste described and recycled, reclaimed, or reused as provided in 40 CFR, §261.6(a)(3) (concerning recyclable materials);(iii) used oil that is not considered a hazardous waste under the provisions of 40 CFR, §279.10(b) and that is managed as provided in 40 CFR, Part 279;(iv) dielectric fluid containing polychlorinated biphenyls (PCBs) and electric equipment containing such fluid that are regulated under 40 CFR, Part 761 and that are hazardous only because they exhibit the characteristic of toxicity for D018-D043 under the test required under subsection (e)(1)(D)(ii) of this section (relating to characteristically hazardous wastes);(v) debris, as that term is defined in 40 CFR, §268.2, that is an oil and gas waste:(I) that contains or contained a hazardous oil and gas waste listed in 40 CFR, Part 261, Subpart D or that exhibits or exhibited a hazardous waste characteristic identified in 40 CFR, Part 261, Subpart C; and(II) that has been treated using one of the required destruction technologies specified in Table 1 of 40 CFR, §268.45 or that is determined by the administrator to be no longer contaminated with hazardous oil and gas waste; and(vi) hazardous oil and gas waste remaining in an empty container.(f) Generator Classification and Accumulation Time.(1) Conditionally Exempt Small Quantity Generator.(A) To be classified as a conditionally exempt small quantity generator (CESQG) during any calendar month, a generator of hazardous oil and gas waste must:(i) generate no more than 100 kilograms (220.46 pounds) of hazardous oil and gas waste in that calendar month; and(ii) accumulate no more than 1,000 kilograms (2204.60 pounds) of hazardous oil and gas waste on-site at any one time.(B) Except as provided in subsection (f)(5) of this section, a CESQG must comply with all requirements of this section applicable to CESQGs.(C) If a CESQG generates in one calendar month, or accumulates on-site at any one time, more than a total of one kilogram (2.20 pounds) of any acute hazardous waste listed in 40 CFR, §261.31, 261.32 or 261.33(e) or a total of 100 kilograms (220.46 pounds) of contaminated media resulting from the clean up of a discharge into or on any land or water of any acute hazardous waste listed in 40 CFR, §261.31, 261.32, or 261.33(e), all such acute hazardous wastes must be managed as though generated by an LQG. The LQG accumulation time period for such acute hazardous wastes shall begin at such time as the maximum quantity specified in this subparagraph is exceeded.(2) Small Quantity Generator.(A) To be classified as a small quantity generator (SQG) in any calendar month, a generator of hazardous oil and gas waste must:(i) generate less than 1,000 kilograms (2204.60 pounds) of hazardous oil and gas waste in that calendar month;(ii) not allow any particular quantity of hazardous oil and gas waste to remain on-site for a period of more than:(I) 180 days from the date that particular quantity was generated; or(II) 270 days from the date that particular quantity was generated, but only if the waste must be transported or offered for transport to a treatment, storage, or disposal facility that is located a distance of 200 miles or more from the point of generation; and(iii) not accumulate more than 6,000 kilograms (13,227.60 pounds) of hazardous oil and gas waste on-site at any one time.(B) An SQG must accumulate all hazardous oil and gas waste in tanks or containers that meet the requirements of this section and, except as provided in subsection (f)(5) of this section, comply with all requirements of this section applicable to SQGs.(C) The accumulation period specified in subsection (f)(2)(A)(ii) of this section may be extended an additional 30 days if the commission, at its sole discretion, determines that unforeseen, temporary, and uncontrollable circumstances require that hazardous oil and gas waste remain on-site for a longer time period.(3) Large Quantity Generators.(A) Any generator of hazardous oil and gas waste not classified as a CESQG or SQG is classified as a large quantity generator (LQG).(B) An LQG must accumulate hazardous oil and gas waste in tanks or containers that meet the requirements of this section and, except as provided in subsection (f)(5) of this section, comply with all other requirements of this section applicable to LQGs.(C) An LQG shall not accumulate any particular quantity of hazardous oil and gas waste on-site for more than 90 days from the date that particular quantity was generated, unless an extension to such 90-day period has been granted in accordance with the provisions of subsection (f)(4)(D) of this section.(D) The 90-day accumulation period specified in subsection (f)(4)(C) of this section may be extended an additional 30 days if the commission, at its sole discretion, determines that unforeseen, temporary, and uncontrollable circumstances require that hazardous oil and gas waste remain on-site for longer than 90 days.(4) Accumulation in Containers at the Point of Generation.(A) Notwithstanding the foregoing provisions of subsection (f) of this section, an LQG or SQG may accumulate in containers up to 55 gallons of hazardous oil and gas waste or a total of one quart of acute hazardous wastes listed in 40 CFR, §261.33(e) without having to manage such hazardous oil and gas waste in accordance with the accumulation time limits applicable to LQGs or SQGs or with the provisions of subsections (q) (relating to preparedness and prevention), (r) (relating to contingency plan and emergency procedures), (s) (relating to personnel training), (t) (relating to standards for use of containers), and (u) (standards for use of tank systems) of this section, provided that the requirements of subsection (f)(4)(B) of this section are met.(B) All hazardous oil and gas waste subject to the exemption of subsection (f)(4)(A) of this section must be accumulated in containers that:(i) are at a location that is:(I) under the control of the generator; and(II) at or near the point of generation;(ii) meet the applicable requirements of 40 CFR, §§265.171, 265.172, and 265.173(a) (concerning container condition, compatibility of waste with container, and closing containers); and(iii) are marked with the words \"Hazardous Waste\" or with other words that identify the contents of the containers.(C) If the amount of hazardous waste accumulated on-site at or near the point of generation exceeds the maximum amount specified in subsection (f)(4)(A) of this section, the generator must, with respect to such excess waste, comply with all applicable provisions of this section within three days of the date that such maximum amount is exceeded.(5) Episodic Generation. Except as otherwise provided in this paragraph, if a generator's classification varies from one month to another, the hazardous oil and gas waste generated during any particular month shall be managed in accordance with the requirements applicable to the generator's classification for that month.(A) If hazardous oil and gas waste generated by a generator who is classified as a CESQG during a particular month is mixed with waste generated in a month during which the generator is considered an LQG, the mixture shall be managed in accordance with the standards applicable to LQGs.(B) If hazardous oil and gas waste generated by a generator who is classified as a CESQG during a particular month is mixed with waste generated in a month during which the generator is considered an SQG, the mixture shall be managed in accordance with the standards applicable to SQGs.(C) If hazardous oil and gas waste generated by a generator who is classified as an SQG during a particular month is mixed with waste generated in a month during which the generator is considered an LQG, the mixture shall be managed in accordance with the standards applicable to LQGs.(g) Notification. A person who is considered an LQG or SQG under the provisions of this section must notify the commission of the activities of such person that are subject to the provisions of this section and obtain an EPA ID number by filing the prescribed form (currently EPA Form 8700-12) with the commission. Such notification must be made upon the later of 90 days after the effective date of this section or within ten days of the date that the LQG or SQG becomes subject to the provisions of this section.(h) Preparedness and Prevention.(1) General. In addition to all other applicable requirements of this section, all generators of hazardous oil and gas waste shall employ reasonable and appropriate measures (considering the nature and location of the facility and the types and quantities of hazardous oil and gas waste maintained at the site) in the operation and maintenance of his or her generation site to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous oil and gas wastes or hazardous oil and gas waste constituents to air, soil, or surface water that could threaten human health or the environment.(2) LQGs and SQGs. LQGs and SQGs who accumulate hazardous oil and gas waste at the generation site must comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart C (concerning preparedness and prevention).(i) Contingency Plan and Emergency Procedures.(1) LQGs. LQGs who accumulate hazardous oil and gas waste at the generation site must comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart D (concerning contingency plan and emergency procedures).(2) SQGs. SQGs who accumulate hazardous oil and gas waste at the generation site must comply with the provisions of 40 CFR, §262.34(d)(5) (concerning emergency response).(j) Personnel Training. LQGs who accumulate hazardous oil and gas waste at the generation site must comply with the provisions applicable to owners or operators of 40 CFR, §265.16 (concerning personnel training).(k) Standards for Use of Containers.(1) LQGs. LQGs accumulating hazardous oil and gas waste in containers must:(A) comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart I (concerning use and management of containers);(B) clearly mark each container being used to accumulate hazardous oil and gas waste on-site, in a manner and location visible for inspection, with the date accumulation of such hazardous oil and gas waste begins; and(C) clearly label or mark each container being used to accumulate hazardous oil and gas waste on-site with the words \"Hazardous Waste.\"(2) SQGs. SQGs accumulating hazardous oil and gas waste in containers must:(A) comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart I, except §265.176 (concerning distance from property lines);(B) clearly mark each container being used to accumulate hazardous oil and gas waste on-site, in a manner and location visible for inspection, with the date accumulation of such hazardous oil and gas waste begins; and(C) clearly label or mark each container being used to accumulate hazardous oil and gas waste on-site with the words \"Hazardous Waste.\"(3) CESQGs. The provisions of this paragraph apply to CESQGs only.(A) Hazardous oil and gas waste generated by a CESQG may be mixed with non-hazardous waste even though the resultant mixture exceeds the quantity limitations of subsection (f)(1) of this section, unless the mixture exhibits any of the hazardous waste characteristics of the hazardous oil and gas waste in the mixture, as determined under subsection (e)(1)(D)(ii) of this section.(B) If a CESQG's wastes are mixed with used oil, the mixture is subject to the requirements 40 CFR, Part 279 if the mixture is destined to be burned for energy recovery. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated if it is destined to be burned for energy recovery.(l) Standards for Use of Tank Systems.(1) LQGs. LQGs accumulating hazardous oil and gas waste in tanks must:(A) comply with the provisions applicable to owners or operators of 40 CFR, Part 265, Subpart J, except §265.197(c) and §265.200;(B) comply with the provisions applicable to owners or operators of 40 CFR, §265.111 and §265.114 (concerning closure performance standards and disposal of contaminated equipment and media); and(C) clearly label or mark each tank being used to accumulate hazardous oil and gas waste with the words \"Hazardous Waste.\"(2) SQGs. SQGs accumulating hazardous oil and gas waste in tanks must:(A) comply with the provisions of 40 CFR, §265.201 (concerning accumulation of waste in tanks by small quantity generators); and(B) clearly label or mark each tank being used to accumulate hazardous oil and gas waste with the words \"Hazardous Waste.\"(m) Disposition of Hazardous Oil and Gas Waste.(1) On-site Treatment, Storage, Disposal, Recycling, and Reclamation. Except as otherwise specifically provided in this section, no person may treat, store, dispose of, recycle, or reclaim any hazardous oil and gas waste on-site.(2) Transport to Authorized Facility.(A) Except as otherwise specifically provided in this section and subject to all other applicable requirements of state or federal law, a generator of hazardous oil and gas waste must send his or her waste to one of the following categories of facilities for treatment, storage, disposal, recycling, or reclamation:(i) an authorized recycling or reclamation facility;(ii) an authorized treatment, storage, or disposal facility;(iii) a facility located outside the United States, provided that the requirements of subsection (v)(1) of this section (relating to exports of hazardous waste) are met;(iv) a transfer facility, provided that the requirements of subsection (w)(3) of this section are met;(v) if the waste is generated by a CESQG, a facility permitted, licensed, or registered by a state to manage municipal or industrial solid waste; or(vi) if the waste is generated by a CESQG, a centralized waste collection facility (CWCF) that meets the requirements of paragraph (3) of this subsection.(B) Notwithstanding any contrary provision of this subsection, hazardous oil and gas wastes may be treated or stored on-site in an elementary neutralization unit or a totally enclosed treatment facility. If a hazardous oil and gas waste that is ignitable under 40 CFR, §261.21 (other than DOO1 High TOC Subcategory wastes defined in 40 CFR, §268.42, Table 2) or that is corrosive under 40 CFR, §261.22 is being treated in an elementary neutralization unit or a wastewater treatment unit to remove the characteristic before land disposal, the owner or operator must comply with the requirements of 40 CFR, §264.17(b).(C) While waste is being accumulated on-site in accordance with the provisions of subsection (f) of this section, a generator may treat hazardous oil and gas waste on-site in tanks or containers that comply with the applicable provisions of subsections (k) and (l) of this section.(D) For purposes of Chapter 4 of this title (relating to Environmental Protection), specifically Subchapter A (relating to Oil and Gas Waste Management), the manifest for shipment of hazardous oil and gas waste to a designated facility (a facility designated on the manifest by the generator pursuant to the provisions of subsection (o)(1) of this section) shall be deemed commission authorization for disposal at a facility permitted by another agency or another state.(3) Centralized Collection of Hazardous Oil and Gas Waste.(A) Centralized Waste Collection Facility. Provided that the requirements of this paragraph are met, a person may maintain at a CWCF hazardous oil and gas waste that is generated:(i) by that person; and(ii) at sites where that person is considered a CESQG under the provisions of this section.(B) Prior to receipt of oil and gas hazardous waste generated off-site, a person who operates a CWCF must register with the commission by filing with the commission a notice that includes the following information:(i) a map showing the location of the CWCF and each individual hazardous oil and gas waste generation site that may contribute waste to the collection facility. In lieu a map, the person who operates the CWCF may provide to the commission the name and lease number, field name and number, or other identifying information acceptable to the commission, of the CWCF and each generation site that may contribute waste to the collection facility;(ii) the person's P-5 operator number; and(iii) the EPA ID number for the CWCF, if any.(C) All hazardous oil and gas waste received at the CWCF must be kept in closed containers that are marked with the words \"Hazardous Waste.\"(D) A person operating a CWCF shall not maintain at the CWCF at any one time more than 5,000 kilograms of hazardous oil and gas waste or more than five quarts of any hazardous oil and gas waste that is listed in 40 CFR, §261.33(e) (acute hazardous waste).(n) EPA ID Numbers.(1) Generators. No LQG or SQG may transport or offer for transportation any hazardous oil and gas waste until such generator has obtained an EPA ID number by filing the prescribed form (currently EPA Form 8700-12) with the commission.(2) Transporters. No LQG or SQG may allow his or her hazardous oil and gas waste to be transported by a transporter that does not have an EPA ID number.(3) Treatment, Storage, or Disposal Facilities. Except in the case of facilities specified in subsection (m)(2)(A)(iii), (vi), and (v) of this section, no LQG or SQG may send his or her hazardous oil and gas waste to a treatment, storage, or disposal facility unless that facility:(A) is a designated facility as defined in this section; and(B) has an EPA ID number.(o) Manifests.(1) General Requirements.(A) Except as provided in subsection (o)(1)(E) of this section, each time an LQG or SQG transports hazardous oil and gas waste or offers hazardous oil and gas waste for transportation to an authorized facility, such generator must prepare a manifest form. If the waste was generated in the State of Texas and is being transferred to an authorized facility located within the State of Texas, the generator shall use the form prescribed by the TCEQ. If the authorized facility is located outside the State of Texas, the generator must refer to subsection (o)(2) of this section to determine which manifest form to use.(B) The generator must specify on the manifest one authorized facility to handle the hazardous oil and gas waste described on the manifest (the \"primary designated facility\").(C) The generator may also specify on the manifest one alternate authorized facility to handle the hazardous oil and gas waste (the \"alternate designated facility\") in the event an emergency prevents delivery of the hazardous oil and gas waste to the primary designated facility.(D) If the transporter is unable to deliver the hazardous oil and gas waste to the primary designated facility or the alternate designated facility, the generator must either specify another authorized facility to which the hazardous oil and gas waste can be delivered or instruct the transporter to return the hazardous oil and gas waste to the generator. If the generator specifies another authorized facility to which the hazardous oil and gas waste can be delivered, the generator shall instruct the transporter to revise the manifest to show this facility as the designated facility (see subsection (w)(6) of this section relating to transporter's inability to deliver waste).(E) An SQG is not required to comply with the provisions of this subsection (relating to manifests) if:(i) the SQG's hazardous oil and gas waste is reclaimed under a contractual agreement (the \"hazardous waste reclamation agreement\") pursuant to which:(I) the type of hazardous oil and gas waste and frequency of shipments are specified in the agreement; and(II) the vehicle used to transport the hazardous oil and gas waste to the hazardous waste reclamation facility and to deliver regenerated material back to the generator is owned and operated by the hazardous waste reclamation facility;(ii) the SQG maintains a copy of the hazardous waste reclamation agreement in his or her files for a period of at least three years after termination or expiration of the reclamation agreement; and(iii) the SQG complies with the provisions of 40 CFR, §268.7(a)(10) (concerning land ban wastes subject to tolling agreements) if the waste is determined to be prohibited from land disposal under subsection (e)(2) of this section (relating to land ban wastes).(2) Manifests Required for Out-of-State Domestic Shipments.(A) If the hazardous oil and gas waste was generated within the United States, but outside the State of Texas, and is being transported to an authorized facility located within the State of Texas, the generator must use the form prescribed by the TCEQ.(B) If the hazardous oil and gas waste was generated within the State of Texas and is being transported to an authorized facility located within the United States but outside the State of Texas (the \"consignment state\"), the manifest specified by the consignment state shall be used. If the consignment state does not specify a particular manifest form for use, then the generator shall use the form prescribed by the TCEQ.(3) Number of Copies. The manifest must consist of at least the number of copies that will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and one additional copy to be returned to the generator by the owner or operator of the designated facility to which the waste was delivered (in accordance with the provisions of 40 CFR, §264.71 and §265.71, or state equivalent).(4) Use of the Manifest.(A) The generator must:(i) sign the manifest certification by hand;(ii) obtain the handwritten signature of the initial transporter and date of acceptance of the shipment by the initial transporter on the manifest;(iii) retain one copy of the manifest signed by the initial transporter until the copy signed by the operator of the designated facility (in accordance with 40 Code of Federal Regulations §264.71, §265.71, or state equivalent) is received;(iv) give the transporter the remaining copies of the manifest; and(v) obtain one copy of the manifest, signed by the owner or operator of the designated facility that received the hazardous oil and gas waste, and retain that copy for three years from the date the hazardous oil and gas waste was accepted for shipment by the initial transporter.(B) For shipments of hazardous oil and gas waste within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest, dated and signed in accordance with the provisions of paragraph (4)(A) of this subsection (relating to use of the manifest), to either:(i) the owner or operator of the designated facility; or(ii) if exported by water, the last water transporter expected to handle the hazardous oil and gas waste in the United States. Copies of the manifest are not required for each transporter.(C) For rail shipments of hazardous oil and gas waste within the United States that originate at the generation site, the generator must send at least three copies of the manifest, dated and signed in accordance with the provisions of paragraph (4)(A) of this subsection (relating to use of the manifest), to:(i) the next non-rail transporter, if any;(ii) the designated facility, if transported solely by rail; or(iii) if exported by rail, the last rail transporter expected to handle the hazardous oil and gas waste in the United States.(D) For shipments of hazardous oil and gas waste to a designated facility located outside the State of Texas and in an authorized state that has not yet obtained authorization from the EPA to regulate that particular waste as hazardous, the generator must determine that the owner or operator of the designated facility agrees to sign and return the manifest to the generator (in accordance with the applicable provisions of 40 CFR, §264.71 or §265.71), and that any out-of-state transporter agrees to comply with the applicable requirements of subsection (w)(4) of this section (relating to manifest requirements for transporters).(p) Packaging. Before transporting hazardous oil and gas waste or offering hazardous oil and gas waste for transportation off-site, an LQG or SQG must package the hazardous oil and gas waste in accordance with the applicable DOT packaging regulations set out in 49 CFR, Parts 173, 178, and 179.(q) Labeling. Before transporting hazardous oil and gas waste or offering hazardous oil and gas waste for transportation off-site, LQGs and SQGs must label each package that contains hazardous oil and gas waste in accordance with the applicable DOT regulations set out in 49 CFR, Part 172.(r) Marking.(1) General. Before transporting hazardous oil and gas waste or offering hazardous oil and gas waste for transportation off-site, LQGs and SQGs must mark each package that contains hazardous oil and gas waste in accordance with the applicable DOT regulations set out in 49 CFR, Part 172.(2) Non-Bulk Packaging. Before transporting hazardous oil and gas waste or offering hazardous oil and gas waste for transportation off-site, LQGs and SQGs must mark each package that contains hazardous oil and gas waste and is of a size specified in 40 CFR, §262.32(b) (110 gallons or less), with the following words and information. Such words and information must be displayed in accordance with the applicable requirements of 49 CFR, 172.304. The generator must include his or her name and address and the manifest document number in the appropriate space: HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency. Generator's Name and Address: ____________________ Manifest Document Number: ________________________(s) Placarding. Before transporting hazardous oil and gas waste or offering hazardous oil and gas waste for transportation off-site, LQGs and SQGs must placard the vehicle or vehicles used to transport such hazardous oil and gas waste, or offer to the initial transporter the appropriate placards. Appropriate placards shall be determined according to DOT regulations set out in 49 CFR, Part 172, Subpart F.(t) Recordkeeping.(1) Waste Determination. Each LQG and SQG shall keep records of any and all test results, waste analyses, or other determinations made in accordance with subsection (e) of this section (relating to hazardous waste determination), for at least three years from the date that the waste was last sent to an authorized facility.(2) Annual Reports. A copy of all reports required in subsection (u)(1) of this section (relating to annual reports), shall be retained by the generator for a period of at least three years from the due date of the report.(3) Exception Reports. A copy of all reports required under subsection (u)(2) of this section (relating to exception reports), shall be retained by the generator for a period of at least three years from the due date of the report.(4) Inspection Reports. A copy of each inspection report required under this section shall be retained by the generator for a period of at least three years from the due date of the report.(5) Extension. The periods of record retention specified in subsection (t)(1) - (4) of this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or upon request by the commission.(u) Reporting.(1) Annual Reports. Any generator who is classified as an LQG or SQG during any calendar month of a calendar year shall prepare and submit a single copy of an annual report to the commission on the annual reporting form prescribed by the commission, Form H-21. The report shall be filed on or before the first day of March of the following calendar year and shall be accompanied by the fee assessed under the provisions of subsection (z) of this section. The annual report shall contain a certification signed by the generator. The annual report shall cover activities occurring at the generation site during the month(s) of the reporting year that the site was classified as a small or large quantity generation site, and shall include the following information:(A) the name of the generator followed by the generator's P-5 operator number in parentheses, the EPA ID number for the generation site, and the address of the generation site or other site-identifying information (such as the lease number, unit number, or T-4 number (in the case of pipelines));(B) the calendar year covered by the report;(C) the name, EPA ID number, if any, and address for each authorized facility within the United States to which hazardous oil and gas waste was shipped during the year;(D) the name and EPA ID number of each transporter used during the year for shipments to an authorized facility within the United States;(E) a description, EPA hazardous waste number (from 40 CFR, Part 261, Subpart C or D), United States DOT hazard class, and quantity of each hazardous oil and gas waste shipped to an authorized facility within the United States. This information must be listed by the EPA ID number of each facility to which hazardous oil and gas waste was shipped. If the waste was shipped to an authorized facility that does not have an EPA ID number, the type of facility (reclamation or recycling) must be designated on the report;(F) a description of the efforts undertaken during the year to reduce the volume and toxicity of hazardous oil and gas waste generated; and(G) a description of the changes in volume and toxicity of hazardous oil and gas waste actually achieved during the year in comparison to previous years, to the extent such information is available.(2) Exception Reports.(A) An LQG who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days from the date the hazardous oil and gas waste was accepted by the initial transporter for shipment must contact the transporter and, if necessary, the owner or operator of the designated facility to determine the status of the hazardous oil and gas waste shipment.(B) An LQG must submit an exception report to the commission if he or she has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days from the date the hazardous oil and gas waste was accepted by the initial transporter for shipment. The exception report must include:(i) a legible copy of the manifest for that shipment of hazardous oil and gas waste for which the generator does not have confirmation of delivery; and(ii) a letter signed by the generator explaining the efforts taken to locate the hazardous oil and gas waste and the results of those efforts.(C) An SQG who does not receive confirmation of delivery of hazardous oil and gas waste by receipt of a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days from the date the hazardous oil and gas waste was accepted by the initial transporter for shipment, must submit to the commission an exception report. The exception report must include:(i) a legible copy of the manifest for which the generator does not have confirmation of delivery; and(ii) a notation, either typed or handwritten, indicating that the generator has not received confirmation of delivery of the shipment to the designated facility.(D) In the case of interstate shipments of hazardous oil and gas waste for which a manifest has not been returned within 45 days of acceptance of the hazardous oil and gas waste for shipment by the initial transporter, an LQG or SQG shall notify the appropriate regulatory agency of the state in which the designated facility is located, and the appropriate regulatory agency of each state in which the shipment may have been delivered, that the manifest has not been received. If a state required to be notified under this section has not received interim or final authorization pursuant to the RCRA, the LQG or SQG shall notify the administrator that the manifest has not been returned.(3) Additional Reporting. The commission may require any generator of hazardous oil and gas waste to furnish additional reports concerning the quantities and disposition of hazardous oil and gas waste generated.(v) Additional Requirements Applicable to International Shipments.(1) Exports.(A) Any person who exports hazardous oil and gas waste to a foreign country must comply with the requirements of 40 CFR, Part 262, Subpart E.(B) Primary exporters of hazardous oil and gas waste generated within the State of Texas must submit to the commission a copy of the annual report submitted to the administrator in compliance with 40 CFR, §262.56.(2) Imports. Any person who imports hazardous oil and gas waste generated outside the United States into the State of Texas shall be considered the generator of such hazardous oil and gas waste for the purposes of this section. Such person must comply with the applicable provisions of this section, except that:(A) the name and address of the foreign generator and the importer's name, address, and EPA ID number shall be substituted on the manifest in place of the generator's name, address, and EPA ID number;(B) the importer or the importer's agent must sign and date the certification and obtain the signature of the initial transporter in place of the generator's certification statement on the manifest; and(C) the importer shall use the manifest form prescribed by the TCEQ.(w) Standards Applicable to Transporters of Hazardous Oil and Gas Waste. The following standards apply to persons who transport hazardous oil and gas waste generated by LQGs and SQGs. The requirements of this subsection do not apply in the case of hazardous oil and gas waste generated by CESQGs.(1) Scope.(A) This subsection establishes standards for persons transporting hazardous oil and gas waste from the generation site to any designated facility. The provisions of this section do not apply with respect to on-site movements of hazardous oil and gas waste.(B) In addition to the provisions of this subsection, a transporter must comply with standards applicable to generators of hazardous oil and gas waste if he or she mixes hazardous oil and gas wastes of different DOT shipping descriptions by placing them into a single container. If a transporter mixes a hazardous oil and gas waste with a hazardous waste that is not considered a hazardous oil and gas waste, the transporter must comply with the standards applicable to generators of hazardous wastes found at Title 30, Texas Administrative Code, Chapter 335, Subchapter C (the TCEQ's standards for generators of hazardous waste).(2) Permits and EPA ID Numbers. No transporter may transport hazardous oil and gas waste unless he or she has an EPA ID number. The transporter may obtain an EPA ID number by filing the prescribed form (currently EPA Form 8700-12) with the appropriate regulatory entity (either EPA, TCEQ, the commission, or another state).(3) Transfer Facility Requirements. No transporter may store manifested hazardous oil and gas waste at a transfer facility for any period of time unless:(A) the hazardous oil and gas waste is packaged in containers that meet the requirements of subsection (p) of this section (relating to packaging); and(B) the hazardous oil and gas waste is stored at the transfer facility for no longer than ten days.(4) Manifest Requirements.(A) A transporter may not accept hazardous oil and gas waste for shipment from a generator unless it is accompanied by a manifest signed in accordance with the provisions of subsection (o)(4) of this section (relating to use of the manifest).(B) Before transporting hazardous oil and gas waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous oil and gas waste from the generator. The transporter must return a signed copy of the manifest to the generator before leaving the generation site.(C) The transporter must ensure that the manifest accompanies the shipment of hazardous oil and gas waste. In the case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of Consent is attached to the manifest.(D) A transporter may not accept hazardous oil and gas waste for export from a primary exporter or other person if:(i) the transporter knows that the shipment does not conform to the EPA Acknowledgment of Consent; or(ii) except in the case of shipments by rail, an EPA Acknowledgment of Consent is not attached to the manifest (or shipping paper in the case of exports by water (bulk shipment)).(E) A transporter who delivers a hazardous oil and gas waste to another transporter or to the designated facility must:(i) obtain the date of delivery and the handwritten signature of the other transporter or of the owner or operator of the designated facility on the manifest;(ii) retain one copy of the manifest in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping); and(iii) give the remaining copies of the manifest to the accepting transporter or owner or operator of the designated facility.(F) The requirements of subsection (w)(4)(C), (D), (E), and (G) of this section do not apply to water (bulk shipment) transporters if:(i) the hazardous oil and gas waste is delivered by water (bulk shipment) to the designated facility;(ii) a shipping paper containing all the information required on the manifest (excluding the EPA ID numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent, accompanies the hazardous oil and gas waste;(iii) the delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper;(iv) the person delivering the hazardous oil and gas waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and(v) a copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping).(G) For shipments involving rail transportation, the requirements of subsection (w)(4)(C), (D), (E), and (F) of this section do not apply and the following requirements do apply:(i) when accepting hazardous oil and gas waste from a non-rail transporter, the initial rail transporter must:(I) sign and date the manifest acknowledging acceptance of the hazardous oil and gas waste;(II) return a signed copy of the manifest to the non-rail transporter;(III) forward at least three copies of the manifest to:(-a-) the next non-rail transporter, if any;(-b-) the designated facility, if the shipment is delivered to that facility by rail; or(-c-) the last rail transporter designated to handle the hazardous oil and gas waste in the United States; and(IV) retain one copy of the manifest and rail shipping paper in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping);(ii) rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA ID numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent, accompanies the hazardous oil and gas waste at all times;(iii) when delivering hazardous oil and gas waste to the designated facility, a rail transporter must:(I) obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and(II) retain a copy of the manifest or signed shipping paper in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping);(iv) when delivering hazardous oil and gas waste to a non-rail transporter, a rail transporter must:(I) obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and(II) retain a copy of the manifest in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping);(v) before accepting hazardous oil and gas waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.(H) Transporters who transport hazardous oil and gas waste out of the United States must:(i) indicate on the manifest the date the hazardous oil and gas waste left the United States;(ii) sign the manifest and retain one copy in accordance with the provisions of subsection (v)(1) of this section;(iii) return a signed copy of the manifest to the generator; and(iv) give a copy of the manifest to a United States customs official at the point of departure from the United States.(I) A transporter accepting hazardous oil and gas waste for shipment from an SQG need not comply with the requirements of subsection (w)(4) and (7) of this section provided that:(i) the hazardous oil and gas waste is being transported pursuant to a reclamation agreement that meets the requirements of subsection (o)(1)(E) of this section;(ii) the transporter records, on a log or shipping paper, the following information for each shipment:(I) the name, address, and EPA ID number of the generator of the hazardous oil and gas waste;(II) the quantity of hazardous oil and gas waste accepted;(III) all DOT required shipping information;(IV) the date the hazardous oil and gas waste is accepted;(iii) the transporter carries this record when transporting the hazardous oil and gas waste to the reclamation facility; and(iv) the transporter retains these records for a period of at least three years after termination or expiration of the agreement.(5) Delivery of Waste. The transporter must deliver the entire quantity of hazardous oil and gas waste accepted from a generator or a transporter to:(A) the primary designated facility;(B) the alternate designated facility, if the hazardous oil and gas waste cannot be delivered to the primary designated facility because an emergency prevents delivery;(C) the next designated transporter; or(D) for exports, the location designated in the EPA Acknowledgment of Consent.(6) Inability to Deliver Waste. If the hazardous oil and gas waste cannot be delivered as provided in subsection (w)(5) of this section the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.(7) Recordkeeping.(A) A transporter of hazardous oil and gas waste must keep a copy of the manifest signed by the generator, himself or herself, and the next transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous oil and gas waste was accepted by the initial transporter.(B) For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter must retain a copy of the shipping paper containing all the information required in 40 CFR, §263.20(e)(2) for a period of three years from the date the hazardous oil and gas waste was accepted by the initial transporter.(C) For shipments of hazardous oil and gas waste by rail within the United States:(i) the initial rail transporter must keep a copy of the manifest and shipping paper with all the information required in 40 CFR, §263.20(f)(2) for a period of three years from the date the hazardous oil and gas waste was accepted by the initial transporter; and(ii) the final rail transporter must keep a copy of the signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of three years from the date the hazardous oil and gas waste was accepted by the initial transporter.(D) A transporter who transports hazardous oil and gas waste out of the United States must keep, for a period of three years from the date the hazardous oil and gas waste was accepted by the initial transporter, a copy of the manifest indicating that the hazardous oil and gas waste left the United States.(E) The periods of retention referred to in subsection (w)(7) of this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or upon request by the commission.(x) Discharges.(1) Reporting Requirements.(A) Commission. A person subject to regulation under this section shall immediately notify the commission upon discovery of any discharge in which a reportable quantity of a hazardous oil and gas waste is discharged. Such notification shall be made by contacting the appropriate commission district office.(B) Federal. Persons subject to regulation under this section shall comply with applicable reporting requirements of 40 CFR, Parts 117, 263, and 302.(2) Initial Response.(A) Immediate Action. Upon discovery of a discharge of hazardous oil and gas waste, the generator or transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, where appropriate, and dike the discharge area).(B) Permitting Exemption. The prohibition of on-site treatment, storage, disposal, recycling, or reclamation activities in subsection (m)(1) of this section does not apply to activities performed by a person engaged in treatment or containment activities during immediate response to a discharge of hazardous oil and gas waste; an imminent and substantial threat of a discharge of hazardous oil and gas waste; or a discharge of a substance which, when discharged, would become a hazardous oil and gas waste, provided that:(i) any hazardous oil and gas waste associated with such discharge is managed in accordance with applicable provisions of subsections (h) (relating to preparedness and prevention), (i) (relating to personnel training), (k) (relating to standards for use of containers), and (l) (standards for use of tank systems) of this section; and(ii) the applicable discharge reporting requirements of subsection (x) of this section are complied with.(C) Continued Measures. The provisions of subparagraph (B) of this paragraph do not apply to activities that continue or are initiated after the immediate response is over. Such activities are subject to all applicable requirements of this section.(3) Discharge Clean Up.(A) The generator or transporter shall recover as much as of the spilled material as can be recovered by ordinary physical means as soon as possible after discovery of the spill.(B) The generator or transporter shall clean up the site at which the discharge occurred to background levels as soon as reasonably possible. As an alternative to clean-up to background levels, the generator or transporter must take such action as may be required or approved by the commission so that the hazardous oil and gas waste discharge no longer presents a hazard to human health or the environment, taking into consideration the geology and hydrology of the discharge site, the nature and quantity of the hazardous oil and gas waste discharged, and the present and anticipated future use of the discharge site.(C) If an official (state or local government or a federal agency) acting within the scope of his or her official responsibilities determines that immediate removal of the hazardous oil and gas waste associated with a discharge is necessary to protect human health or the environment, that official may authorize the removal of the hazardous oil and gas waste by transporters who do not have EPA ID numbers and without the preparation of a manifest.(y) Emergency Permits.(1) General. Notwithstanding any other provision of this section, the commission may authorize by emergency permit the treatment, storage, or disposal of hazardous oil and gas waste where the commission finds that a discharge of hazardous oil and gas waste poses a danger to life or property.(2) Requirements. An emergency permit:(A) may be oral or written. If oral, a written permit must be issued within five days of issuance of the oral permit;(B) shall have a term of not more than 90 days;(C) shall clearly specify the manner and location of authorized treatment, storage, and disposal activities;(D) may be terminated by the commission without notice if the commission determines that termination is appropriate to protect human health and the environment;(E) shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of 40 CFR, Parts 264, 266, and 270; and(F) shall be accompanied by a public notice published in a daily or local newspaper of general circulation in the area affected by the activity and broadcast over local radio stations. The notice shall include:(i) the name and address of the office granting the emergency authorization;(ii) the name and location at which the permitted activities will take place;(iii) a brief description of the hazardous oil and gas wastes involved;(iv) a brief description of the actions authorized and reasons for authorization of such actions; and(v) the duration of the emergency permit.(z) Fees.(1) Base fee.(A) Except as provided in subparagraph (B) of this paragraph:(i) each generator who is classified as an LQG during any calendar month of a calendar year shall pay to the commission a base annual fee for generation of hazardous oil and gas waste of $1,000;(ii) each generator who is not classified as an LQG during any calendar month of a calendar year, but is classified as an SQG during a calendar month of that calendar year, shall pay to the commission a base annual fee for generation of hazardous oil and gas waste of $200; and(iii) no annual fee for generation of hazardous oil and gas waste shall be assessed against a generator who is classified as a CESQG during all months of the entire calendar year in which he or she generates hazardous oil and gas waste.(B) For purposes of determining the base fee as provided in subparagraph (A) of this paragraph, generator classification shall be determined after excluding quantities of hazardous oil and gas waste generated in connection with a spill or discharge, including contaminated soil, media, and debris, if, within 30 days after discovery of such spill or discharge, the generator files a one-page typewritten report with the commission that describes:(i) the nature and quantity of spilled or discharged material;(ii) the reason for or cause of the spill or discharge; and(iii) the steps that have been or will be taken by the generator to minimize the likelihood of a similar spill or discharge at that site.(2) Additional fee. The base annual fee determined according to the provisions of paragraph (1) of this subsection shall be doubled if less than 50% of the hazardous oil and gas wastes generated at the site during the entire calendar year are recycled, reused or reclaimed. For purposes of calculating the percentage of hazardous oil and gas wastes that are recycled, reused, or reclaimed, hazardous oil and gas wastes excluded from regulation under this section by the provisions of subsection (e)(3)(B)(i) - (iii) of this section (relating to exclusions and exemptions from hazardous oil and gas waste classification) and subsection (m)(2)(B) of this section (relating to elementary neutralization units, totally enclosed treatment facilities, and wastewater treatment units) shall be included in the quantity of hazardous oil and gas waste recycled, reused, or reclaimed. The wastes excluded from regulation under this section under the provisions of subsections (e)(3)(B)(i) - (iii) and (m)(2)(B) of this section shall not be included when calculating the quantity of waste generated for purposes of determining generator classification.(3) Fee payment. The base fee and any additional fee assessed under this subsection shall be paid to the commission on or before the first day of March of the year following the calendar year in which the waste was generated. Fees assessed under this subsection shall be tendered to the commission with the annual report (see subsection (u)(1) of this section).(aa) Penalties. A person subject to regulation under this section is subject to the penalties prescribed in the Texas Natural Resources Code if such person does not comply with the requirements of this section.(bb) Federal Regulations. All references to the Code of Federal Regulations (CFR) in this section are references to the 1994 edition of the Code, as amended through November 7, 1995. The following federal regulations are adopted by reference and copies can be obtained at the William B. Travis Building, 1701 North Congress, Austin, Texas 78711: 40 CFR, Parts 116, 117, 124, 264, 266, 268, 270, 271, 279, and 302; 40 CFR, Part 261, Subparts A, C, and D; 40 CFR, Part 262, Subparts B and E; 40 CFR, Part 265, Subparts C, D, I, and J (except §265.197(c) and §265.200); 40 CFR, §§260.21, 260.22, 262.34(d)(5), 265.16, 265.111, 265.114, and 265.201; 49 CFR, Parts 172, 173, 178, and 179; and 49 CFR, §171.15 and §171.16. Words and terms used in the federal regulations adopted by reference shall have the meanings given in the federal regulations adopted by reference or in 40 CFR, §260.10, unless otherwise specified. Where the term \"State Director\" is applicable in the federal regulations adopted by reference, it should be interpreted to mean \"commission.\"", "sourceNote": "Source Note: The provisions of this §3.98 adopted to be effective April 1, 1996, 20 TexReg 9423; amended to be effective May 4, 1999, 24 TexReg 3313; amended to be effective September 10, 2001, 26 TexReg 6870; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162157", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.99", "label": "Cathodic Protection Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162158", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Cathodic protection well--Any well drilled for the purpose of installing one or more anodes to prevent corrosion of a facility associated with the production of oil, gas, or geothermal resources, such as a well casing, storage and separation facility, or pipeline.(2) Project area--The geographic area in which a related group of cathodic protection wells is drilled.(3) Protection depth--Depth or depths at which usable quality water must be protected or isolated, as determined by the Groundwater Advisory Unit of the Oil and Gas Division, which may include zones that contain brackish or saltwater if such zones are correlative and/or hydrologically connected to zones that contain usable-quality water.(4) Commission--The Railroad Commission of Texas or its authorized representative.(b) Exemption. Any cathodic protection well that is drilled to a depth of 30 feet or less is not subject to the requirements of this section.(c) Determination of protection depth. Before drilling any cathodic protection well, an operator shall obtain a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the protection depth or depths.(d) Drilling permits.(1) Wells that do not penetrate any protection depth. A cathodic protection well that does not penetrate any protection depth does not require a drilling permit.(2) Wells that penetrate any protection depth. A cathodic protection well that penetrates any protection depth must be drilled in accordance with the requirements of §3.5(g) of this title (relating to Application To Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5).(e) Completion.(1) Timing. A cathodic protection well must be completed as soon as possible after it is drilled.(2) Wells that do not penetrate any protection depth. A cathodic protection well that does not penetrate any protection depth must be completed in accordance with subparagraph (A) or (B) of this paragraph.(A) The operator must place at least a 10-foot cement or bentonite plug at the top of the well. The top of the plug shall be no less than three feet below the surface, and the remainder of the hole between the top of the plug and the surface shall be filled with drill cuttings or native soil.(B) Alternative completion procedures and materials may be utilized when the operator has demonstrated to the commission's satisfaction that the alternatives will protect usable quality water.(3) Wells that penetrate any protection depth. A cathodic protection well that penetrates any protection depth must be completed in accordance with subparagraph (A) or (B) of this paragraph.(A) The operator must either set and cement casing to the deepest protection depth penetrated or center a 100-foot cement plug across each protection depth penetrated and must place at least a 10-foot cement or bentonite plug at the top of the well. The top of the plug shall be no less than three feet below the surface, and the remainder of the hole between the top of the plug and the surface shall be filled with drill cuttings or native soil.(B) Alternative completion procedures and materials may be utilized when the operator has demonstrated to the commission's satisfaction that the alternatives will protect usable quality water.(f) Physical requirements for bentonite plugging materials. Bentonite materials used to plug cathodic protection wells shall be derived from naturally occurring, untreated, high swelling sodium bentonite that is composed of at least 85% montmorillonite clay and that meets the International Association of Geophysical Contractors (IAGC) recommended geophysical industry standard dated January 24, 1992, for the physical characteristics of bentonite used in seismic shot hole plugging.(g) Reporting. Within 30 days of completion of the last well in a project area, the operator shall submit a letter to the commission stating that each cathodic protection well in the project area has been completed in accordance with subsection (e) of this section. The letter must include the completion date for each well, the name and address of the operator, and the drilling permit and API numbers of the well, if applicable. A plat of the project area identifying cathodic protection well locations, counties, survey lines, scale, and northerly direction must be attached. In addition, a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the protection depth or depths must be attached.(h) Abandonment. Upon abandonment of a cathodic protection well, any wires or vent pipe must be cut off at the top of the 10-foot surface plug, and the vent pipe must be securely capped or plugged.", "sourceNote": "Source Note: The provisions of this §3.99 adopted to be effective July 21, 1992, 17 TexReg 4877; amended to be effective August 25, 2003, 28 TexReg 6816; amended to be effective July 2, 2012, 37 TexReg 4892; amended to be effective January 1, 2014, 38 TexReg 3542." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162158", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.100", "label": "Seismic Holes and Core Holes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104599", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Seismic hole--Any hole drilled for the purpose of securing geophysical information to be used in the exploration or development of oil, gas, geothermal, or other mineral resources.(2) Core hole--Any hole drilled for the purpose of securing geological information to be used in the exploration or development of oil, gas, geothermal, or other mineral resources, except coal or uranium. For regulations governing coal exploratory wells, see Chapter 12 of this title (relating to Coal Mining Regulations), and for regulations governing uranium exploratory wells, see Chapter 11, Subchapter C of this title (relating to Surface Mining and Reclamation Division, Substantive Rules--Uranium Mining).(3) Project area--The geographic area in which an exploratory survey involving one or more seismic holes or core holes is carried out.(4) Protection depth--Depth or depths at which usable quality water must be protected or isolated, as determined by the Groundwater Advisory Unit of the Oil and Gas Division, which may include zones that contain brackish or saltwater if such zones are correlative and/or hydrologically connected to zones that contain usable-quality water.(5) Operator--The person who contracts for the services of a seismic crew or core hole drilling contractor or, if the seismic survey or core hole testing is not performed on a contract basis, but is performed by an exploration and production company or by a geophysical contractor for speculative purposes, the person who drills the seismic holes or core holes.(6) Commission--The Railroad Commission of Texas or its authorized representative.(b) Exemption. Any seismic hole or core hole drilled to a depth of 20 feet or less is not subject to the requirements of this section.(c) Determination of protection depth. Before drilling any seismic hole or core hole in a project area, an operator shall obtain a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the protection depth or depths in the project area.(d) Drilling permits.(1) Holes that do not penetrate any protection depth. A seismic hole or core hole that does not penetrate any protection depth does not require a drilling permit.(2) Holes that penetrate any protection depth. A seismic hole or core hole that penetrates any protection depth requires a drilling permit to satisfy the requirements for exploratory wells described in §3.5(g) of this title (relating to Application To Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5).(e) Plugging.(1) Holes that do not penetrate any protection depth. A seismic hole or core hole that does not penetrate any protection depth must be plugged in accordance with subparagraph (A) or (B) of this paragraph. Seismic holes must be plugged after the hole is loaded with explosives. Core holes must be plugged immediately after completion of coring the hole.(A) The operator shall adequately plug the hole by filling it from total depth to a depth of no more than 16 feet below the surface with drill cuttings and/or bentonite. Immediately above the drill cuttings and/or bentonite, the operator shall place a bentonite plug no less than 10 feet in length. A plastic cap imprinted with the name of the operator shall be set above the bentonite plug no less than three feet below the surface. The remainder of the hole shall be filled with drill cuttings or native soil. All precautions should be taken to prevent bentonite from bridging over.(B) Alternative plugging procedures and materials may be utilized when the operator has demonstrated to the commission's satisfaction that the alternatives will protect usable quality water.(2) Holes that penetrate any protection depth. A seismic hole or core hole that penetrates any protection depth must be plugged in accordance with the requirements of §3.14 of this title (relating to Plugging) (Statewide Rule 14) and a plastic cap imprinted with the name of the operator shall be set in the hole no less than three feet below the surface.(f) Physical requirements for bentonite plugging materials. Bentonite materials used to plug seismic or core holes shall be derived from naturally occurring, untreated, high swelling sodium bentonite that is composed of at least 85% montmorillonite clay and that meets the International Association of Geophysical Contractors (IAGC) recommended geophysical industry standard dated January 24, 1992, for the physical characteristics of bentonite used in seismic shot hole plugging.(g) Reporting.(1) Holes that do not penetrate any protection depth. Within 30 days of plugging the last hole in the project area, the operator shall submit a letter to the commission stating that each seismic hole or core hole in the project area has been plugged in accordance with subsection (e)(1) of this section. The letter must include the plugging date for each hole and the name and address of the operator. A plat of the project area identifying seismic or core hole locations, counties, survey lines, scale, and northerly direction must be attached. A United States Geological Survey map of the project area with hole locations marked will satisfy the plat requirement. In addition, a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the protection depth or depths must be attached.(2) Holes that penetrate any protection depth. For any seismic or core hole that penetrates any protection depth, a plugging record shall be filed in accordance with §3.14 of this title (relating to Plugging) (Statewide Rule 14).", "sourceNote": "Source Note: The provisions of this §3.100 adopted to be effective September 1, 1992, 17 TexReg 5283; amended to be effective August 25, 2003, 28 TexReg 6816; amended to be effective July 2, 2012, 37 TexReg 4892; amended to be effective January 1, 2014, 38 TexReg 3542." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104599", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.101", "label": "Certification for Severance Tax Exemption or Reduction for Gas Produced From High-Cost Gas Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section specifies the procedure by which an operator can obtain a Railroad Commission of Texas certification that natural gas from a particular gas well qualifies as high-cost natural gas under the Texas Tax Code, Chapter 201, Subchapter B, §201.057(a)(2)(A) and that such gas is exempt from or eligible for a reduction of the severance tax imposed by the Texas Tax Code, Chapter 201. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Railroad Commission of Texas. (2) Completion--The act of making a well capable of producing gas from a particular commission designated or new field. (3) Completion date--The date on which a well is first made capable of producing oil or gas from a particular commission-designated or new field, as shown on the completion report filed by the operator with the commission. (4) Comptroller--The Comptroller of Public Accounts of the State of Texas. (5) Data-point well--A well that has been tested and/or produced in the proposed tight gas formation; and, from the test results or other data, applicant provides a measured or calculated in situ permeability and/or a measured or calculated pre-stimulation stabilized flow rate against atmospheric pressure. (6) Director--The director of the Oil and Gas Division or the director's delegate. Any authority given to the director in this section is also retained by the commission. Any action taken by the director pursuant to this section is subject to review by the commission. (7) High-cost gas--Natural gas which the commission finds to be: (A) produced from any gas well, if production is from a completion which is located at a depth of more than 15,000 feet; (B) produced from geopressured brine; (C) occluded natural gas produced from coal seams; (D) produced from Devonian shale; or (E) produced from designated tight formations or produced as a result of production enhancement work. (8) Operator--The person responsible for the actual physical operation of a gas well. (9) Spud date--The date of commencement of drilling operations, as shown on commission records. (c) Applicability. (1) A severance tax exemption is available for high-cost gas produced from a well that is spudded or completed between May 24, 1989, and September 1, 1996. Eligible high-cost gas shall be exempt from the tax imposed by the Texas Tax Code, Chapter 201, during the period from September 1, 1991, through August 31, 2001. (2) A severance tax reduction is available for high-cost gas produced from a well that is spudded or completed after August 31, 1996. Eligible high-cost gas shall be entitled to a reduction of the tax imposed by the Texas Tax Code, Chapter 201, for the first 120 consecutive calendar months beginning on the first day of production or until the cumulative value of the tax reduction equals 50% of the drilling and completion costs incurred for the well, whichever occurs first. The amount of tax reduction is determined pursuant to the Texas Tax Code, §201.057(c). If the application for certification is submitted to the Commission after January 1, 2004, the total allowable credit for taxes paid for reporting periods before the date the application is filed may not exceed the total tax paid on the gas that otherwise qualified for the exemption or tax reduction and that was produced during the 24 consecutive calendar months immediately preceding the month in which the application for certification under this section was filed with the Commission. (3) The plug back or deepening of an existing wellbore qualifies as a completion under this section. When the plug back or deepening is completed prior to September 1, 1996, the gas produced may qualify for a tax exemption. When the plug back or deepening is completed after August 31, 1996, the gas produced may qualify for a tax reduction. The plug back or deepening qualifies as a completion if: (A) it is the initial completion in a commission-designated or newly discovered field that has not been previously produced from that wellbore; or (B) the operator can demonstrate that the strata between the former completion and the new completion contain a minimum of 20 vertical feet of impermeable strata; or (C) the operator submits the results of bottom hole pressure surveys, gas analyses or other methods or calculations comparing the new completion with previous completions in the wellbore that were in existence prior to May 24, 1989. The application shall include an explanation of the engineering principles, calculations, and reasoning to show that the gas to be produced from the applied-for completion could not have been produced from any completion in existence prior to May 24, 1989. (4) If the operator determines that a gas well previously certified as producing high-cost gas no longer produces high-cost gas or if the operator takes any action or discovers any information that affects the eligibility of gas for an exemption or tax reduction under Texas Tax Code, §201.057, the operator shall notify the Commission in writing within 30 days after such an event occurs. (5) If the Commission determines that a gas well previously certified as producing high-cost gas no longer produces high-cost gas or if the commission takes any action or discovers any information that affects the eligibility of gas for an exemption or tax reduction under Texas Tax Code, §201.057, the Commission shall notify within 48 hours, in writing, the comptroller and the operator. (d) Application procedure. (1) An application for a state severance tax exemption or tax reduction for a gas well may be made only by the operator of that well. The operator shall file one copy of the required application form, one copy of the required attachments specified in subsection (e)(1)-(6) of this section and any additional information deemed necessary by the Commission to clarify, explain and support the required attachments. Submission of legible copies of required attachments shall comply if the application includes a statement, signed by the operator, that the attachments are true and correct copies of the documents originally filed with the Commission. However, the Commission may require an operator to file certified copies of required attachments or other documents from Commission files if necessary for a certification. (2) Filings and correspondence on high-cost gas state severance tax applications shall be addressed to the Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967, Attention: High-Cost Gas Severance Tax Section. No filings may be made at the district offices. (e) Application requirements for individual well certifications. To qualify for the severance tax exemption or tax reduction, the operator shall prove that the gas produced is high-cost gas by providing the following information: (1) Applications for wells producing deep high-cost gas shall include: (A) the completed applicable commission form; and (B) copies of all Gas Well Back Pressure Test, Completion or Recompletion Reports and Logs ever filed on the subject well. (2) Applications for wells producing geopressured brine shall include: (A) the completed applicable commission form; (B) copies of all Gas Well Back Pressure Test, Completion or Recompletion Reports and Logs ever filed on the subject well; (C) a bottom-hole pressure test report and other information establishing the initial reservoir pressure gradient; and (D) evidence to establish that, before production, the gas from the well was in solution in a brine aquifer with at least 10,000 parts of dissolved solids per million parts of water. (3) Applications for wells producing coal seam gas shall include: (A) the completed applicable commission form; (B) copies of all Gas Well Back Pressure Test, Completion or Recompletion Reports and Logs ever filed on the subject well if the gas is produced through a wellbore, or a detailed description of the production process if the gas is not produced through a wellbore; (C) a radioactivity, electric or other log which will define the coal seams or, if such logs are not reasonably available, a detailed lithologic description of the gas-producing interval; and (D) evidence to establish that the natural gas was produced from coal seams. (4) Applications for wells producing Devonian shale gas shall include: (A) the completed applicable commission form; (B) copies of all Gas Well Back Pressure Test, Completion or Recompletion Reports and Logs ever filed on the subject well; (C) an environmentally corrected, calibrated gamma ray log with values greater than 100 API units over the Devonian age stratigraphic section, or a gamma ray log with superimposed indications of the shale base line and the gamma ray index of 0.7 over this section or, if the gamma ray log is not reasonably available, a driller's log or similar report indicating the general characteristics of the strata penetrated and the corresponding depths at which they are encountered throughout the Devonian age stratigraphic section; (D) information which calculates the percentage of footage of the producing interval which is not Devonian shale as indicated by the gamma ray log, driller's log, or similar report; (E) information which demonstrates that the percentage of potentially disqualifying nonshale footage for the stratigraphic section selected is equal to or less than 5.0% of the Devonian stratigraphic age interval; and (F) reference to a standard stratigraphic chart or text establishing that the producing interval is a shale of Devonian age. (5) Applications for wells producing designated tight formation gas shall include: (A) the completed applicable commission form; (B) copies of all Gas Well Back Pressure Test, Completion or Recompletion Reports and Logs ever filed on the subject well; (C) specific reference to the commission docket number assigned to the applicable designated tight formation area certification along with a copy of the map with the subject well location shown, which outlines the designated tight formation area approved by the commission. (6) Applications for wells producing production enhancement gas shall include: (A) the completed applicable commission form; (B) copies of all Gas Well Back Pressure Test, Completion or Recompletion Reports and Logs ever filed on the subject well; (C) a description of the production enhancement work that has been performed on the well, including the dates the work was commenced and completed, or that will be performed on the well; (D) an itemized statement of costs incurred in performing the production enhancement work, including copies of invoices and bills for such work, or, if the work has not yet been completed, estimates of such costs; (E) a statement estimating, for a five-year test period beginning from the month in which the application is filed, the increase in gas production resulting from the application of production enhancement work; (F) calculations showing that the projected increase in revenue does not exceed 200% of the §103 price; (G) the renegotiated price; (H) a copy of that portion of the sales contract that authorizes collection of the renegotiated price; and (I) the properly executed statement under oath made by the purchaser of natural gas which states that there is a reasonable basis for the statements and estimates made by the applicant. (f) Application requirements for tight formation area certifications. (1) If justification for an individual well application is based on a tight formation certification and the well is not located within a geographical area that has been previously certified as a designated tight formation area or the well is not completed in a formation interval that has been previously certified as a designated tight formation by the Federal Energy Regulatory Commission under the Natural Gas Policy Act or by the Railroad Commission of Texas, the operator shall first apply for a tight formation area designation. (2) An applicant requesting a tight formation area designation shall submit a written request to the High-Cost Gas Severance Tax Section, at the address given in subsection (d)(2) of this section, for a certification that a named formation or a specific portion thereof is a tight formation. The applicant shall supply a list of the names and addresses of all affected persons. For purposes of this subsection, \"affected persons\" means all operators of all wells listed on the current proration schedule for the applicable field or fields located within the proposed designated area. The applicant shall mail or deliver a copy of the prescribed, completed notice of application form to all affected persons, and if required, shall publish the notice of application in accordance with §1.46 of this title (relating to Notice by Publication in Oil and Gas and Surface Mining and Reclamation Nonrulemaking Proceedings), as found in the Commission's General Rules of Practice and Procedure (16 Texas Administrative Code Chapter 1). Notice of application forms may be obtained by contacting the Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967, Attention: High-Cost Severance Tax Section. Before the application may be approved, the applicant shall submit a letter certifying that all affected persons were sent a copy of the notice of application, and the date on which the notice of application was sent. (3) In addition to the written request and list of affected persons, the applicant shall submit the following information in duplicate: (A) a geographical and geological description of the formation, including: (i) a map with an outline of the geographical limits of the formation in and around the requested area, with the proposed designated areal boundaries shown, with counties, surveys and abstracts identified and with the locations clearly identified for all wells inside the requested area that have penetrated the proposed formation; all wells (i.e., those that penetrated the proposed formation) shown on the map inside the requested area shall include either the commission's gas well identification number or the API number (if available); (ii) a list of the counties involved, abstract numbers, survey names, geologic formation markers, and any other descriptive information that will aid in identifying the subject formation including an estimate of the number of acres within the requested area; and (iii) a structure map contoured on the top of the formation and a cross-section to depict upper and lower limits of the proposed formation, or specific portion thereof. (B) engineering and geological exhibits, including a written explanation of each, to establish the following: (i) that the in situ permeability throughout the proposed formation or specific portion thereof is 0.1 millidarcies or less, as determined by geometric mean or median analysis of available data from all wells that either have been tested or are completed in the proposed formation within the requested area. If no in situ permeability estimates are provided for wells that are in the requested area and have been tested and/or are completed in the proposed formation, an explanation shall be provided; (ii) that the pre-stimulation stabilized production rate against atmospheric pressure at the wellhead, as determined by a geometric mean or median analysis of available data from all wells within the requested area that either have been tested and/or are completed in the proposed formation or specific portion thereof, does not exceed the production rate listed in the following table: Attached Graphic(iii) that no well drilled into the formation is expected to produce, without stimulation, more than five barrels of crude oil per day; and (iv) that the requested designated area does not extend beyond a two and one-half mile radius drawn from any data point well. (g) Commission action on applications for individual well certifications and for tight formation area designations. (1) Each application, for an individual well certification, shall be assigned a docket number identifying it as a severance tax application. A notice of receipt shall be sent to the applicant, indicating the assigned docket number and receipt date. All further correspondence shall include this docket number. (2) The director may administratively approve the individual well certification applications if the forms and information submitted by the operator establish that the gas qualifies as high-cost gas eligible for the severance tax exemption or tax reduction. If the director denies administrative approval, the applicant shall have the right to a hearing. (3) If Commission staff finds that the data submitted with the tight formation area designation applications are complete and comply with the requirements set out in subsection (f)(3) of this section and if no protest to the application is filed within 21 days of the notice, the application shall be presented to the Commission for approval. If Commission staff finds the data submitted are incomplete, or indicate the area does not qualify, or if a protest is filed within the 21-day notice period, the applicant shall request a hearing to have the application considered. If the applicant does not request such a hearing or if the applicant fails to appear at a requested hearing, the application shall be dismissed. Any such hearing shall be held only after at least 10 days' notice by the Commission to all affected persons as defined in subsection (f)(2) of this section. If no protestant appears at the hearing, and/or if the application and any evidence presented at the hearing establishes that the subject formation meets the requirements for a tight formation certification, the application shall be presented to the Commission for approval. (h) Reporting. To qualify for the exemption or tax reduction provided by Texas Tax Code, §201.057(a)(2)(A), all persons responsible for paying the tax shall apply with the comptroller after receiving a copy of the Commission's certification letter. The application shall contain the Commission's letter certifying that the well produces or will produce high-cost gas, a completed copy of the Commission's application for certification form and a completed copy of the applicable Comptroller of Public Accounts' form. To obtain the maximum tax exemption or tax reduction, the application shall be filed with the comptroller at the later of the 180th day after the first day of production or the 45th day after the certification by the Commission. If the application is not filed by the applicable deadline, the tax exemption or reduction will be reduced by 10% for the period beginning on the 180th day after the first day of production and ending on the date on which the application is filed with the comptroller.", "sourceNote": "Source Note: The provisions of this §3.101 adopted to be effective January 11, 1995, 19 TexReg 10351; amended to be effective September 15, 1997, 22 TexReg 8974; amended to be effective August 13, 2001, 26 TexReg 6009; amended to be effective October 12, 2003, 28 TexReg 8585." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.102", "label": "Tax Reduction for Incremental Production" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26293", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide a procedure by which an operator can obtain a 50% severance tax reduction for five years on the incremental oil and casinghead gas production from a qualifying lease.(b) Definitions. The following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Oil lease--A commission-designated oil lease to which the commission has assigned an identifying number.(2) Production--Barrels of oil (including barrels of gas liquids reported as production monthly on the appropriate form) plus casinghead gas, where six thousand cubic feet of gas is the equivalent of one barrel of oil, expressed in barrels of oil equivalent (BOE).(3) Baseline production--An oil lease's average BOE monthly production during the four highest months of production in the time period from January 1, 1996, through December 31, 1996.(4) Incremental production--Production from a qualifying lease in excess of baseline production.(5) Incremental production technique--(A) any secondary or tertiary production enhancement technique;(B) any primary production enhancement technique that an operator certifies required an expenditure of at least $5,000 to cause increased production.(6) Qualifying lease--A lease is a qualifying lease provided that:(A) the commission has designated the lease as an oil lease and has assigned to it an identifying number;(B) production from the lease, measured by dividing the sum of lease production during the four-month period used to compute the baseline production by the sum of the number of well-days during the same four-month period, is no more than seven barrels of oil equivalent per day per well, excluding gas flared pursuant to the rules of the commission; and(C) after the operator performs an incremental production technique, the lease shows incremental production for four of five consecutive months on or after September 1, 1997, and before December 31, 1998.(7) Incremental ratio--The amount of a qualifying lease's average monthly incremental production during the four-month period used to meet the definition of a qualifying lease divided by its average monthly total production during the same four-month period.(8) Qualified incremental production--A qualifying lease's total monthly production multiplied by the incremental ratio.(9) Well-day--One well producing hydrocarbons for one day.(c) Qualification for the tax reduction. An operator of a qualifying lease is entitled to a 50% tax reduction on that lease's qualified incremental production for five years provided that:(1) The operator of a qualifying lease applies to the commission for a determination of an incremental ratio before February 11, 1999;(2) The commission certifies an incremental ratio;(3) The operator provides to the state comptroller the certified incremental ratio; and(4) The operator applies to the state comptroller for the tax relief provided by this section not later than one year after the date the commission certifies the incremental ratio for a qualifying lease.(d) Request for hearing. If the request for certification of an incremental ratio is denied administratively, or if the operator does not agree with the administrative determination of the amount of the incremental ratio, the applicant may request a hearing. The request for a hearing must be filed within 20 days after the date on which notice of the administrative decision is mailed to the operator. The commission shall provide notice of the hearing to the applicant and to any other affected person named by the applicant. After hearing, the examiner shall recommend final action by the commission.", "sourceNote": "Source Note: The provisions of this §3.102 adopted to be effective June 23, 1998, 23 TexReg 6437." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26293", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.103", "label": "Certification for Severance Tax Exemption for Casinghead Gas Previously Vented or Flared" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117860", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide a procedure by which an operator may obtain commission certification that the operator markets gas that was previously released into the air for 12 months or more pursuant to §3.32 of this title (relating to Gas Well Gas and Casinghead Gas Shall Be Used for Legal Purposes). Certification under this section is voluntary.(b) Definitions. The following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Oil lease--A commission-designated oil lease to which the commission has assigned an identifying number as listed on the monthly oil proration schedule at the time an application is filed under this rule.(2) Oil well--A wellbore completed in a commission-designated field and assigned to an oil lease as listed on the monthly oil proration schedule at the time an application for certification is filed under this rule.(c) Eligibility. An operator shall be eligible to receive the tax exemption on marketed casinghead gas for the life of an oil well or oil lease as listed on the oil proration schedule at the time an application for certification is filed under this rule if:(1) the operator previously released the casinghead gas from an oil well or oil lease into the air for 12 months or more pursuant to §3.32 of this title; and(2) the operator marketed the gas no earlier than June 1, 1997, in accordance with §3.32 of this title.(d) Certification.(1) An operator may apply for commission certification on the appropriate form. The completed form shall be accompanied by information necessary to establish:(A) prior release into the air of casinghead gas for 12 months or more during a period of 13 consecutive months pursuant to §3.32 of this title; and(B) such gas has generated taxable proceeds subject to the severance tax as a result of being marketed on or after September 1, 1997.(2) The director of the commissions's Oil and Gas Division, or the director's delegate, may administratively approve or deny a request for certification.(3) If the director of the commission's Oil and Gas Division or the director's delegate denies the request, the operator may request a hearing by filing such a request in writing within 15 days after the postmarked date of the notice of the administrative denial.(4) If the operator fails to appear at the hearing without good cause, the request for certification shall be dismissed.(5) Filings and correspondence concerning the application for certification shall be addressed to the Railroad Commission, P.O. Box 12967, Austin, Texas 78711-2967, Attention: Permitting/Production Services Section.(e) Application to the Comptroller. After the commission issues the certification provided for in subsection (d) of this section, the operator may apply to the Comptroller of Public Accounts to receive the tax exemption.(f) Termination of Authorization to Release Gas. On the date the commission issues the certification provided for in subsection (d) of this section, either by administrative action or by commission order, the volume of casinghead gas authorized to be released into the air as an exception obtained pursuant to §3.32(h) of this title shall be reduced to the volume of casinghead gas not subject to the certification. If all of the volume of casinghead gas authorized to be released under an exception is certified for purposes of the tax exemption, the exception shall no longer apply, and shall automatically terminate as of the date of certification.", "sourceNote": "Source Note: The provisions of this §3.103 adopted to be effective August 4, 1998, 23 TexReg 7770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117860", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.106", "label": "Sour Gas Pipeline Facility Construction Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226944", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise. (1) Affected person--The owner or occupant of real property located in the area of influence of the proposed route of a sour gas pipeline facility. If the final proposed route of the pipeline is unknown at the time of application, then an affected person is any person who owns or occupies real property located within the area of influence associated with any possible pipeline route identified by the applicant. For purposes of this definition, the owner shall be the owner of record as of the final day to protest an application. The occupant shall be the occupant as of the final day to protest an application. (2) Applicant--A person who has filed an application for a permit to construct a sour gas pipeline facility, or a representative of that person. (3) Application--Application for a Permit to Construct a Sour Gas Pipeline Facility, and all required attachments. (4) Area of influence--Area along a sour gas pipeline facility represented by all possible areas of exposure using the 100 ppm radius. (5) Construction of a facility--Any activity conducted during the initial construction of a pipeline including the removal of earth, vegetation, or obstructions along the proposed pipeline right-of-way. The term does not include: (A) surveying or acquiring the right-of-way; (B) clearing the right-of-way with the consent of the owner; (C) repairing or maintaining an existing sour gas pipeline facility; or (D) installing valves or meters or other devices or fabrications on an existing pipeline if such devices or fabrication do not result in an increase in the area of influence. (6) Extension of a sour gas pipeline facility--An addition to an operating sour gas pipeline facility regardless of ownership of the addition. (7) Nominal pipe size--The industry convention for naming pipe. Six inch nominal size pipe corresponds to pipe with an approximate inner diameter of six inches. The actual inner diameter varies based on the wall thickness of the pipe. (8) Person--An individual, partnership, firm, corporation, joint venture, trust, association, or any other business entity, a state agency or institution, county, municipality, school district, or other governmental subdivision. (9) Preliminary contingency plan--A contingency plan containing all of the elements required for a contingency plan under §3.36 of this title (relating to oil, gas, or geothermal resource operation in hydrogen sulfide areas), except that: (A) the plan need not contain the list of names and telephone numbers of residents within the area of influence if required under §3.36(c)(9)(I) of this section. In lieu of this list of names and telephone numbers, the plan shall contain a detailed explanation of the manner in which the names and telephone numbers of residents within the area of influence will be compiled prior to commencement of operations; (B) the plat detailing the area of influence may be: (i) the detailed plat required under §3.36(c)(9)(H); (ii) a plat containing the information required under §3.36(c)(9)(H), that identifies residential, business, and industrial areas with an estimate of the number of people that may be within any such areas; or (iii) one or more aerial photographs covering the area and providing the information required under §3.36(c)(9)(H); and (C) a fixed pipeline route need not be specified in the preliminary plan provided the preliminary plan identifies the boundaries of the area within which the pipeline will be constructed and provided that all public notices of the application required under this section note such boundaries and identify the potential area of influence as the total area encompassed by the area of influence associated with all possible pipeline routes. (10) Sour gas pipeline facility--A pipeline and ancillary equipment that: (A) contains a concentration of 100 parts per million or more of hydrogen sulfide; (B) is located outside the tract of production; and (C) is subject to the requirements of §3.36 of this title. (11) Tract of production--The surface area which overlies the area encompassed by a mineral lease or unit from which oil, gas, or other minerals are produced if such area is treated by the Oil and Gas Division of the commission as a single tract. (12) 100 ppm radius--The 100 parts per million radius of exposure as calculated in §3.36(c)(1) - (3) of this title (relating to oil, gas, or geothermal resource operation in hydrogen sulfide areas) for the sour gas pipeline facility. (b) Permit Required; Exceptions. No person may commence construction of a facility within this State without a permit if the facility is initially used as a sour gas pipeline facility except for the following: (1) an extension of an existing sour gas pipeline facility that at the time of construction of the extension is in compliance with §3.36 of this title (relating to oil, gas, or geothermal resource operation in a hydrogen sulfide area) if: (A) the extension is not longer than five miles; (B) the nominal pipe size is not larger than six inches; and (C) the operator causes to be delivered to the Safety Division written notice of construction of the extension not later than 24 hours before the start of construction; (2) a new gathering system that operates at a working pressure of less than 50 pounds per square inch gauge; (3) an extension of a gathering system which operates at a working pressure of less than 50 pounds per square inch gauge; (4) an interstate gas pipeline facility, as defined by 49 U.S.C. §60101, that is used for the transportation of sour gas; or (5) replacement of all or part of a sour gas pipeline facility if the area of influence of the replaced portion of the facility does not increase so as to include a public area, as defined in §3.36(b)(5) of this title, not included in the area of influence of the portion of the replaced sour gas pipeline facility. (c) Filing and Assignment of Docket Number. Upon filing of an application with the Oil and Gas Division, staff will assign a docket number to the application and will notify the applicant of the assigned docket number. Staff will also assign and provide a docket number to a person who submits a notice of intent to file an application. (d) Application. A complete application consists of: (1) a properly completed application Form PS-79, with the original signature, in ink, of the applicant; (2) if applicant desires notification under subsection (h)(1) by electronic mail, a written request for electronic mail notification and the applicant's electronic mail address; (3) a plat which meets the requirements of subsection (f)(4) of this section and identifies the boundaries of surveys and blocks or sections as appropriate within the area of influence; (4) a copy of the applicant's Application for Permit to Operate a Pipeline, Form T-4, if applicable, including all attachments; and (5) a copy of the completed application for a Statewide Rule 36 Certificate of Compliance, Form H-9, including any attachment required under §3.36 of this title. A preliminary contingency plan may be filed in lieu of a contingency plan if required under §3.36 of this title. (e) Notice. (1) For each county that contains all or part of the area of influence of a proposed sour gas pipeline facility, the applicant shall: (A) cause to be delivered to the county clerk no later than the first date of publication in that county a copy of the items described in subsection (d)(1) - (3) of this section; (B) publish notice of its application in a newspaper of general circulation in each county that contains all or a portion of the area of influence of the proposed sour gas pipeline facility. Such notice shall meet the requirements of subsection (f) of this section and be published in a section of the newspaper containing news items of state or local interest. (2) Final action may not be taken on any application under this section until proof of notice, evidenced as follows, is provided: (A) a return receipt from each county clerk with whom an application form and plat is required to be filed pursuant to paragraph (1) of this subsection; and (B) the full page or pages of the newspaper containing the published notice required under paragraph (2) of this subsection including the name of the paper, the date the notice was published, and the page number. (f) The published notice of application shall be at least three inches by five inches in size, exclusive of the plat, and shall contain the following: (1) the name, business address, and telephone number of the applicant and of the applicant's authorized representative, if any; (2) a description of the geographic location of the sour gas pipeline facility and the area of influence, to the extent not clearly identified in the plat required to be published in subsection (f)(4) of this section; (3) the following statement, completed as appropriate: \"This proposed pipeline facility will transport sour gas that contains 100 parts per million, or more, of hydrogen sulfide. A copy of application forms and a map showing the location of the pipeline is available for public inspection at the offices of the (insert County name) County Clerk, located at the following address: (insert address of County Clerk). Any owner or occupant of land located within the area of influence of the proposed sour gas pipeline facility desiring to protest this application can do so by mailing or otherwise delivering a letter referring to the application (by docket number if available) and stating their desire to protest to: Docket Services, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. Protests shall be in writing and received by Docket Services not later than (specify 30th day after the first date notice of the application is to be published). The letter shall include the name, address, and telephone number of every person on whose behalf the protest is filed and shall state the reasons each such person believes that he or she is the owner or occupant of property within the area of influence of the proposed pipeline facility. It is recommended that a copy of this notice be included with the letter.\"; and (4) a plat identifying: (A) the location of the pipeline facility; (B) area of influence; (C) north arrow; (D) scale; (E) geographic subdivisions appropriate for the scale; and (F) by inset or otherwise, landmarks or other features such as roads and highways in relation to the proposed route of the sour gas pipeline facility. These landmarks or other features shall be of sufficient detail to allow a person to reasonably ascertain whether an owned or occupied property that is within the area of influence of the proposed sour gas pipeline facility. Examples of acceptable plats are included in this subsection. Attached Graphic(g) Protests. Affected persons have standing to file a protest to an application. In the event the final proposed pipeline route is not known at the time of application, any person who owns or occupies real property located within the area of influence identified in the application shall have standing to file a protest to an application. All such protests shall: (1) be in writing and filed at the commission no later than the 30th day after the notice is published in a newspaper in the county in which the person filing the protest owns or occupies real property; (2) state the name, address, and telephone number of every person on whose behalf the protest is being filed; and (3) include a statement of the facts on which the person filing the protest relies to conclude that each person on whose behalf the protest is being filed is an affected person, as defined in subsection (a)(1) of this section. (h) Division Review. (1) Within 14 days of receipt of the application, the commission's designee will provide notice to the applicant that the application is either complete and accepted for filing, or incomplete and specify the additional information required for acceptance. Such notice shall be provided in writing by mail or by electronic mail if the applicant submits with the application a written request that communications regarding application completeness or deficiencies be communicated by electronic mail and provides an accurate electronic mail address. The application shall be completed within 30 days of notification that the application is incomplete or such longer time as may be requested by the applicant, in writing, and approved by the commission's designee. If the application is not completed within the specified time period, the commission's designee shall send notice of intent to deny the application to the applicant. Within ten days of issuance of a notice of intent to deny the application for failure to complete the application, the applicant may request a hearing on the application as it exists at that time. If a request for hearing is not filed within ten days of issuance of a notice of intent to deny the application for failure to complete the application, the application shall be dismissed without prejudice by the commission's designee. (2) The commission's designee shall make a written recommendation as to whether the materials to be used in and method of construction and operation of a proposed sour gas pipeline facility comply with the rules and safety standards of the commission if the application is not protested, by the latter of the 14th day after the end of the 30-day protest period or the 14th day after the day notice of a complete application is issued. (3) If, pursuant to subsection (i) of this section, a hearing is held, the staff may introduce evidence relating to the materials to be used in and method of construction and operation of a proposed sour gas pipeline facility. (4) In determining whether or not the materials to be used in and method of construction and operation of a proposed sour gas pipeline facility comply with the rules and safety standards of the commission, relevant provisions of §3.36 and §3.70 of this title (relating to Oil, Gas, or Geothermal Resource Operation in Hydrogen Sulfide Areas, and Pipeline Permits Required, respectively) shall be considered. If applicable, Chapter 8 of this title (relating to Pipeline Safety Regulations) shall also be considered. (5) If no affected person files a protest with the commission by the 30th day after the date notice of application was published, the commission's designee shall either make a written recommendation that the permit be issued, that the permit be granted subject to specific conditions required to ensure compliance with applicable laws and regulations, or that the permit be denied. If the commission's designee recommends that the permit be conditionally granted or be denied, the reasons for such recommendation shall be explained. If the commission's designee recommends that the application be conditionally granted or be denied, the applicant shall have a right to a hearing upon written request received no later than 15 days after the date of issuance of notice of conditional grant or denial. (i) Hearing. (1) A hearing shall be convened to consider an application for a sour gas pipeline construction permit if: (A) a protest is timely filed by an affected person; (B) a request is timely filed by the applicant; or (C) the commission so elects on its own motion. (2) The Office of General Counsel shall assign an examiner who shall conduct a hearing in accordance with the procedural requirements of Texas Government Code, Chapter 2001 (the Administrative Procedure Act), and Chapter 1 of this title (relating to the general rules of practice and procedure). (3) The commission shall convene a hearing not later than the 60th day after a protest is filed, the applicant submits a request for hearing, or the commission gives notice of intent to convene a hearing on its own motion. If the application is not complete as of the date the request for hearing is filed or notice of hearing issued, the 60-day time period for convening a hearing shall not begin to run until such time as notice of a complete application is issued unless the hearing is held pursuant to the provisions of subsection (h)(1). If the hearing is held pursuant to the provisions of subsection (h)(1), the hearing will be held within 60 days of receipt of a request for hearing. (4) In any hearing convened to consider an application, the applicant has the burden of showing that the materials to be used in and method of construction and operation comply with the applicable rules and safety standards adopted by the commission. (j) Order. (1) An order approving an application shall include a finding that the materials to be used in and method of construction and operation of the facility comply with the applicable rules and safety standards adopted by the commission. If an application meets all the requirements of §3.70 of this title, relating to Pipeline Permits Required, including the requirements of §3.36 of this title, relating to Oil, Gas, or Geothermal Resource Operation in Hydrogen Sulfide Areas, the order may approve the certificate of compliance (Form H-9) or grant the pipeline permit or both. (2) An order denying an application shall state the reason or reasons for the denial. (3) In the case of an application for which a hearing is conducted, the commission will render a decision not later than the 60th day after the date on which the hearing is finally closed.(4) If no hearing is held on an application, the commission will render a decision as soon as practicable but not later than the 60th day after the staff prepares its written recommendation in accordance with subsection (h)(2) and (4).", "sourceNote": "Source Note: The provisions of this §3.106 adopted to be effective May 1, 2000, 25 TexReg 3741; amended to be effective November 24, 2004, 29 TexReg 10728." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226944", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "3", "label": "OIL AND GAS DIVISION" }, "rule": { "number": "§3.107", "label": "Penalty Guidelines for Oil and Gas Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224088", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging operators to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective component of the enforcement process. Deterrence of violations through penalty assessments is also a necessary and effective component of the enforcement process. A rule-based enforcement penalty guideline to evaluate and rank oil- and natural gas-related violations is consistent with the central goal of the Commission's enforcement efforts to promote compliance. Penalty guidelines set forth in this section will provide a framework for more uniform and equitable assessment of penalties throughout the state, while also enhancing the integrity of the Commission's enforcement program.(b) Only guidelines. This section complies with the requirements of Texas Natural Resources Code, §81.0531 and §91.101, which provides the Commission with the authority to adopt rules, enforce rules, and issue permits relating to the prevention of pollution. The penalty amounts shown in the tables in this section are provided solely as guidelines to be considered by the Commission in determining the amount of administrative penalties for violations of provisions of Texas Natural Resources Code, Title 3; Texas Water Code, Chapters 26, 27, and 29, that are administered and enforced by the Commission; or the provisions of a rule adopted or order, license, permit, or certificate issued under Texas Natural Resources Code, Title 3, or Texas Water Code, Chapters 26, 27, and 29. This rule does not contemplate automatic enforcement. Violations can be corrected by operators before being referred to legal enforcement.(c) Commission authority. The establishment of these penalty guidelines shall in no way limit the Commission's authority and discretion to cite violations and assess administrative penalties. The guideline minimum penalties listed in this section are for the most common violations cited; however, this is neither an exclusive nor an exhaustive list of violations that the Commission may cite. The Commission retains full authority and discretion to cite violations of Texas Natural Resources Code, Title 3; including Nat. Res. Code §91.101, which provides the Commission with the authority to adopt rules, enforce rules, and issue permits relating to the prevention of pollution; the provisions of Texas Water Code, Chapters 26, 27, and 29, that are administered and enforced by the Commission; and the provisions of a rule adopted or an order, license, permit, or certificate issued under Texas Natural Resources Code, Title 3, or Texas Water Code, Chapters 26, 27, and 29, and to assess administrative penalties in any amount up to the statutory maximum when warranted by the facts in any case, regardless of inclusion in or omission from this section.(d) Factors considered. The amount of any penalty requested, recommended, or finally assessed in an enforcement action will be determined on an individual case-by-case basis for each violation, taking into consideration the following factors:(1) the person's history of previous violations;(2) the seriousness of the violation;(3) any hazard to the health or safety of the public; and(4) the demonstrated good faith of the person charged.(e) Typical penalties. Regardless of the method by which the guideline typical penalty amount is calculated, the total penalty amount will be within the statutory limit.(1) A guideline of typical penalties for violations of Texas Natural Resources Code, Title 3; the provisions of Texas Water Code, Chapters 26, 27, and 29, that are administered and enforced by the Commission; and the provisions of a rule adopted or an order, license, permit, or certificate issued under Texas Natural Resources Code, Title 3, or Texas Water Code, Chapters 26, 27, and 29, are set forth in Table 1.Attached Graphic(2) Guideline penalties for violations of §3.73 of this title, relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance, include additional penalty amounts that are based on four components. In combination, these four components yield the factor by which an additional penalty amount of $1,000 is multiplied. The various combinations of the components are set forth in Table 1A.(A) The first component is the length of the violation. A low rating means the violation has been in existence less than three months. A medium rating means the violation has been outstanding for more than three months and up to one year. A high rating means the violation has been outstanding for more than one year.(B) The second component is production value. A low rating means the value of the production is less than $5,000. A medium rating means the value of the production is more than $5,000 and up to $100,000. A high rating means the value of the production is more than $100,000.(C) The third component is the number of unresolved severances. A low rating means there are fewer than two unresolved severances. A medium rating means there are more than two and up to six unresolved severances. A high rating means there are more than six unresolved severances.(D) The fourth component is the basis of the severance. The letter \"N\" indicates that the severance is not pollution related. The letter \"Y\" indicates that the severance is pollution related.Attached Graphic(f) Penalty enhancements for certain violations. For violations that involve threatened or actual pollution; result in threatened or actual safety hazards; or result from the reckless or intentional conduct of the person charged, the Commission may assess an enhancement of the guideline penalty amount. The enhancement may be in any amount in the range shown for each type of violation as shown in Table 2.Attached Graphic(g) Penalty enhancements for certain violators. For violations in which the person charged has a history of prior violations within seven years of the current enforcement action, the Commission may assess an enhancement based on either the number of prior violations or the total amount of previous administrative penalties, but not both. The actual amount of any penalty enhancement will be determined on an individual case-by-case basis for each violation. The guidelines in Tables 3 and 4 are intended to be used separately. Either guideline may be used where applicable, but not both.Attached GraphicAttached Graphic(h) Penalty reduction for accelerated settlement before hearing. The recommended monetary penalty for a violation may be reduced by up to 50% if the person charged agrees to an accelerated settlement before the Commission conducts an administrative hearing to prosecute a violation. Once the hearing is convened, the opportunity for the person charged to reduce the basic monetary penalty is no longer available. The reduction applies to the basic penalty amount requested and not to any requested enhancements.(i) Demonstrated good faith. In determining the total amount of any monetary penalty requested, recommended, or finally assessed in an enforcement action, the Commission may consider, on an individual case-by-case basis for each violation, the demonstrated good faith of the person charged. Demonstrated good faith includes, but is not limited to, actions taken by the person charged before the filing of an enforcement action to remedy, in whole or in part, a violation or to mitigate the consequences of a violation.(j) Penalty calculation worksheet. The penalty calculation worksheet shown in Table 5 lists the guideline minimum penalty amounts for certain violations; the circumstances justifying enhancements of a penalty and the amount of the enhancement; and the circumstances justifying a reduction in a penalty and the amount of the reduction.Attached Graphic", "sourceNote": "Source Note: The provisions of this §3.107 adopted to be\r\neffective August 27, 2012, 37 TexReg 6540; amended to be effective\r\nDecember 20, 2021, 46 TexReg 8688; amended to be effective December\r\n8, 2025, 50 TexReg 7882." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224088", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.101", "label": "Prevention of Pollution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224089", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No person conducting activities subject to regulation by the Railroad Commission of Texas may cause or allow pollution of surface or subsurface water in the state.(b) This subchapter establishes, for the purpose of protecting public health, public safety, and the environment within the scope of the Commission's statutory authority, the minimum permitting, operating, monitoring, and closure standards and requirements for the management of wastes associated with activities governed by the Commission including those governed under:(1) Texas Natural Resources Code Title 3, Subtitle B;(2) Texas Natural Resources Code Title 3, Subtitle D, Chapters 121-123;(3) Texas Natural Resources Code Title 5;(4) Texas Health and Safety Code Chapter 382, Subchapter K; and(5) Texas Water Code Chapters 26, 27 and 29.(c) Other wastes described in subsection (b) of this section are included when this subchapter refers to oil and gas waste(s) and may be managed in accordance with the provisions of this subchapter at facilities authorized under this subchapter provided the wastes are nonhazardous and chemically and physically similar to oil and gas wastes.(d) Hazardous waste as defined in §3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste) shall be managed in accordance with the provisions of §3.98 of this title. (e) Used oil as defined in §3.98 of this title shall be managed in accordance with the provisions of 40 Code of Federal Regulations (CFR), Part 279.", "sourceNote": "Source Note: The provisions of this §4.101 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224089", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.102", "label": "Responsibility for Oil and Gas Wastes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224090", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The generator of oil and gas waste is responsible for characterizing the waste.(1) The generator may use process knowledge to categorize the waste material in accordance with the categories listed in the definition of oil and gas waste in §4.110 of this title (relating to Definitions).(2) Laboratory analysis of waste may be required for waste generated at a commercial facility, as that term is defined in §4.110 of this title, or when waste is transferred from one commercial facility to another.(3) The generator of an oil and gas waste that is not exempt from regulation under Subtitle C of the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 USC §6901, et seq. as described in 40 CFR §261.4(b), shall determine if such waste is a hazardous oil and gas waste by applying process knowledge of the hazard characteristics of the waste in light of the materials or processes used or by testing the waste.(b) No person, operator, generator, receiver, or carrier may utilize the services of a carrier to transport oil and gas wastes if the carrier is required to have a permit to transport such wastes but does not have a valid permit.(c) No person, operator, generator, or carrier may utilize the services of a receiver to manage oil and gas wastes if the receiver is required to have a permit to manage such wastes but does not have such a permit.(d) No receiver may utilize the services of a second receiver to manage oil and gas wastes if the second receiver is required to have a permit to manage such wastes but does not have a valid permit.(e) Any person who utilizes the services of a carrier or receiver is under a duty to determine that the carrier or receiver holds the appropriate authority from the Commission to manage or transport oil and gas wastes.(f) No generator, carrier, receiver, or any other person may improperly dispose of oil and gas wastes or cause or allow the improper disposal of oil and gas wastes. A generator causes or allows the improper disposal of oil and gas wastes if:(1) the generator utilizes the services of a carrier or receiver who improperly disposes of the wastes; and(2) the generator knew or reasonably should have known that the carrier or receiver was likely to improperly dispose of the wastes and failed to take reasonable steps to prevent the improper disposal.(g) No person may manage oil and gas wastes in a manner that violates Commission rules.(h) Pursuant to Texas Natural Resources Code §91.142(h), any person, operator, permittee, or entity conducting activities under the jurisdiction of the Commission shall notify the Commission if it files for bankruptcy.", "sourceNote": "Source Note: The provisions of this §4.102 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224090", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.103", "label": "Prohibited Waste Management Methods" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224091", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless authorized by this subchapter, no person may manage oil and gas wastes without obtaining a permit to manage such wastes, except for the following methods:(1) as authorized by §4.111 of this title (relating to Authorized Disposal Methods for Certain Wastes);(2) as authorized by §3.91 of this title (relating to Cleanup of Soil Contaminated by a Crude Oil Spill);(3) as authorized by §3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste); or(4) by underground injection for disposal permitted pursuant to §3.9 of this title (relating to Disposal Wells) or §3.46 of this title (relating to Fluid Injection into Productive Reservoirs).(b) The discharge of any waste under the jurisdiction of the Commission into any surface water defined under §4.110 of this title (relating to Definitions) is prohibited unless such discharge is authorized by and conducted in accordance with a Texas Pollutant Discharge Elimination System (TPDES) permit or authority issued by the Texas Commission on Environmental Quality (TCEQ) or another regulatory agency with jurisdiction over discharge of oil and gas wastes.(c) No person may maintain or use any pit for storage of oil, oil products, or oil by-products.(d) Except as authorized by this subchapter, no person may maintain or use any pit for storage of oil field fluids or for storage or disposal of oil and gas wastes without obtaining a permit to maintain or use the pit.(e) Except as expressly provided by §3.30 of this title (relating to Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Commission on Environmental Quality (TCEQ)), no person may dispose of oil and gas wastes at a facility not under the jurisdiction of the Commission unless the Director expressly authorizes such disposal in writing.(f) Except for those recycling methods authorized for certain wastes by §4.112 of this title (relating to Authorized Recycling), no person may recycle any oil and gas wastes by any method without obtaining a permit.", "sourceNote": "Source Note: The provisions of this §4.103 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224091", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.104", "label": "Coordination Between the Commission and Other Regulatory Agencies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224092", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission and TCEQ have adopted by rule a Memorandum of Understanding stating how the agencies will implement the division of jurisdiction over wastes. The MOU is adopted in §3.30 of this title (relating to Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Commission on Environmental Quality (TCEQ)).(b) Activities authorized or permitted by this subchapter may be subject to rules and regulations promulgated by the United States Environmental Protection Agency under the federal Clean Air Act or the TCEQ under the Texas Clean Air Act. The applicant shall obtain any required authority from other regulatory agencies prior to the receipt of waste authorized under this subchapter and provide evidence of such authority to the Commission upon request.", "sourceNote": "Source Note: The provisions of this §4.104 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224092", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.106", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224093", "queryAsDate": "03/11/2026" }, "ruleBody": "Applications submitted under this subchapter may be subject to a fee and surcharge pursuant to §3.78 of this title (relating to Fees and Financial Security Requirements).", "sourceNote": "Source Note: The provisions of this §4.106 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224093", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.107", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224094", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging operators to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective component of the enforcement process. Deterrence of violations through penalty assessments is also a necessary and effective component of the enforcement process. A rule-based enforcement penalty guideline to evaluate and rank oil- and natural gas-related violations is consistent with the central goal of the Commission's enforcement efforts to promote compliance. Penalty guidelines set forth in this section will provide a framework for more uniform and equitable assessment of penalties throughout the state, while also enhancing the integrity of the Commission's enforcement program.(b) Only guidelines. This section complies with the requirements of Texas Natural Resources Code §81.0531 and §91.101, which provide the Commission with the authority to adopt rules, enforce rules, and issue permits relating to the prevention of pollution. The penalty amounts shown in the tables in this section are provided solely as guidelines to be considered by the Commission in determining the amount of administrative penalties for violations of provisions of Texas Natural Resources Code, Title 3; Texas Water Code, Chapters 26, 27, and 29, that are administered and enforced by the Commission; or the provisions of a rule adopted or order, license, permit, or certificate issued under Texas Natural Resources Code, Title 3, or Texas Water Code, Chapters 26, 27, and 29. This rule does not contemplate automatic enforcement without cause. Operators may correct violations at a facility with approval of Commission staff before being referred to legal enforcement.(c) Commission authority. The establishment of these penalty guidelines shall in no way limit the Commission's authority and discretion to cite violations and assess administrative penalties. The guideline minimum penalties listed in this section are for the most common violations cited; however, this is neither an exclusive nor an exhaustive list of violations that the Commission may cite. The Commission retains full authority and discretion to cite violations of Texas Natural Resources Code, Title 3; including Nat. Res. Code §91.101, which provides the Commission with the authority to adopt rules, enforce rules, and issue permits relating to the prevention of pollution; the provisions of Texas Water Code, Chapters 26, 27, and 29, that are administered and enforced by the Commission; and the provisions of a rule adopted or an order, license, permit, or certificate issued under Texas Natural Resources Code, Title 3, or Texas Water Code, Chapters 26, 27, and 29, and to assess administrative penalties in any amount up to the statutory maximum when warranted by the facts in any case, regardless of inclusion in or omission from this section.(d) Factors considered. The amount of any penalty requested, recommended, or finally assessed in an enforcement action will be determined on an individual case-by-case basis for each violation, taking into consideration the following factors:(1) the facility's history of previous violations;(2) the operator's history of previous violations;(3) the seriousness of the violation;(4) any hazard to the health or safety of the public; and(5) the demonstrated good faith of the operator charged.(e) Typical penalties. Regardless of the method by which the guideline typical penalty amount is calculated, the total penalty amount will be within the statutory limit. A guideline of typical penalties for violations of Texas Natural Resources Code, Title 3; the provisions of Texas Water Code, Chapters 26, 27, and 29, that are administered and enforced by the Commission; and the provisions of a rule adopted or an order, license, permit, or certificate issued under Texas Natural Resources Code, Title 3, or Texas Water Code, Chapters 26, 27, and 29, are set forth in Table 1. Attached Graphic(f) Penalty enhancements for certain violations. For violations that involve threatened or actual pollution; result in threatened or actual safety hazards; or result from the reckless or intentional conduct of the operator charged, the Commission may assess an enhancement of the guideline penalty amount. The enhancement may be in any amount in the range shown for each type of violation as shown in Table 2. Attached Graphic(g) Penalty enhancements for certain violators. For violations in which the operator charged has a history of prior violations within seven years of the current enforcement action at any facility regulated by the Commission, the Commission may assess an enhancement based on either the number of prior violations or the total amount of previous administrative penalties, but not both. The actual amount of any penalty enhancement will be determined on an individual case-by-case basis for each violation. The guidelines in Tables 3 and 4 are intended to be used separately. Either guideline may be used where applicable, but not both.Attached GraphicAttached Graphic(h) Penalty reduction for accelerated settlement before hearing. The recommended monetary penalty for a violation may be reduced by up to 50% if the operator charged agrees to an accelerated settlement before the Commission conducts an administrative hearing to prosecute a violation. Once the hearing is convened, the opportunity for the operator charged to reduce the basic monetary penalty is no longer available. The reduction applies to the basic penalty amount requested and not to any requested enhancements.(i) Demonstrated good faith. In determining the total amount of any monetary penalty requested, recommended, or finally assessed in an enforcement action, the Commission may consider, on an individual case-by-case basis for each violation, the demonstrated good faith of the operator charged. Demonstrated good faith includes, but is not limited to, actions taken by the operator charged before the filing of an enforcement action to remedy, in whole or in part, a violation or to mitigate the consequences of a violation.(j) Penalty calculation worksheet. The penalty calculation worksheet shown in Table 5 lists the guideline minimum penalty amounts for certain violations; the circumstances justifying enhancements of a penalty and the amount of the enhancement; and the circumstances justifying a reduction in a penalty and the amount of the reduction.Attached Graphic", "sourceNote": "Source Note: The provisions of this §4.107 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224094", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.108", "label": "Electronic Filing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224095", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall file electronically any form or application for which the Commission has provided an electronic version or an electronic filing system. The person shall comply with all requirements, including but not limited to fees and security procedures, for electronic filing.(b) The Commission deems a person that files electronically or on whose behalf is filed electronically any form, or hard copy if the Commission has not approved a digital format, as of the time of filing, to have knowledge of and to be responsible for the information filed.(c) All electronic filings that a person submits or that are submitted on behalf of a person shall be transmitted in the manner prescribed by the Commission that is compatible with its software, equipment, and facilities.(d) The Commission may provide notice electronically to a person, and may provide a person the ability to confirm electronically, the Commission's receipt of a filing submitted electronically by or on behalf of that person.(e) The Commission deems that the signature of a person's authorized representative appears on each filing submitted electronically by or on behalf of the person, as if this signature actually appears, as of the time the filing is submitted electronically to the Commission.(f) The Commission holds each person responsible, under the penalties prescribed in Texas Natural Resources Code, §91.143, for all forms, information, or data that a person files or that are filed on the person's behalf. The Commission charges each person with the obligation to review and correct, if necessary, all forms, information, or data that a person files or that are filed on the person's behalf.", "sourceNote": "Source Note: The provisions of this §4.108 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224095", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.109", "label": "Exceptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224097", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant or permittee may request an exception to the provisions of this subchapter by submitting to the Director a written request and demonstrating that the requested alternative is at least equivalent in the protection of public health and safety, and the environment, as the provision of this subchapter to which the exception is requested. The following provisions are ineligible for exceptions:(1) the requirements related to financial security found in §§4.122, 4.140, 4.150, and 4.171 of this title (relating to Permit Renewals, Transfers, and Amendments; Additional Requirements for Commercial Facilities; Additional Requirements Applicable to Permitted Pits; and Standard Permit Provisions, respectively);(2) the notice requirements found in §§4.122, 4.123, 4.125 and 4.141 of this title (relating to Permit Renewals, Transfers, and Amendments; Permit Modification, Suspension, and Termination; Notice and Opportunity to Protest; and Additional Notice Requirements for Commercial Facilities, respectively); and(3) the requirements related to sampling and analysis found in §§4.124, 4.129, 4.131, 4.132, 4.163, and 4.164 of this title (relating to Requirements Applicable to All Permit Applications and Reports; Operation; Monitoring; Closure; Monitoring; and Closure, respectively).(b) Each application for an exception to a rule in this subchapter shall be accompanied by the exception fee and surcharge required by §3.78(b)(4) and (n) of this title (relating to Fees and Financial Security Requirements).(c) Notwithstanding subsections (a) and (b) of this section, until July 1, 2026 the director may grant special exceptions solely for the purpose of issuing permits for waste management units that were authorized pits pursuant to §3.8 of this title (relating to Water Protection) prior to July 1, 2025 but that are no longer authorized pursuant to this subchapter.(d) The Director shall review each written request for an exception on a case-by-case basis.(e) If the Director denies a request for an exception, the applicant or permittee may request a hearing consistent with the hearing provisions of this subchapter relating to hearings requests but shall not use the requested alternative until the alternative is approved by the Commission.", "sourceNote": "Source Note: The provisions of this §4.109 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224097", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.110", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224098", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. (1) 25-year, 24-hour rainfall event--The maximum 24-hour precipitation event, in inches, with a probable recurrence interval of once in 25 years, as defined by the National Weather Service and published by the National Oceanic and Atmospheric Administration for the county in which the waste management activity is occurring.(2) 100-year flood--A flood that has a 1.0% or greater chance of occurring in any given year.(3) 100-year flood plain--The lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by the 100-year flood, as determined from maps or other data from the U.S. Army Corps of Engineers or the Federal Emergency Management Agency (FEMA).(4) Action leakage rate--The calculated volume of waste liquid that has bypassed the primary liner into the leak detection layer at a rate of gallons per acre per day that if exceeded indicates failure of the primary liner.(5) Active cell--A waste management unit that has received oil and gas waste and has not completed closure.(6) Active life--The period of time beginning when a waste management unit first receives waste and ending when closure of the waste management unit is complete.(7) Activities associated with the exploration, development, and production of oil or gas or geothermal resources--Activities associated with:(A) the drilling of exploratory wells, oil wells, gas wells, injection wells, disposal wells, or geothermal resource wells;(B) the production of oil or gas or geothermal resources, including activities associated with:(i) the drilling of injection water source wells that penetrate the base of usable quality water;(ii) the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the Commission to regulate the production of oil or gas or geothermal resources;(iii) the drilling of seismic holes and core holes subject to the jurisdiction of the Commission to regulate the exploration, development, and production of oil or gas or geothermal resources;(iv) gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants;(v) any underground natural gas storage facility, provided the terms \"natural gas\" and \"storage facility\" shall have the meanings set out in the Texas Natural Resources Code §91.173;(vi) any underground hydrocarbon storage facility, provided the terms \"hydrocarbons\" and \"underground hydrocarbon storage facility\" shall have the meanings set out in the Texas Natural Resources Code §91.201; and(vii) the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel;(C) the operation, abandonment, and proper plugging of wells subject to the jurisdiction of the Commission to regulate the exploration, development, and production of oil or gas or geothermal resources; and(D) the management of oil and gas waste or any other substance or material associated with any activity listed in subparagraphs (A) - (C) of this paragraph, except for waste generated in connection with activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants if that waste is a hazardous waste as defined by the administrator of the United States Environmental Protection Agency (EPA) pursuant to the federal Solid Waste Disposal Act, as amended (42 USC §6901, et seq.).(8) Affected person--A person who, as a result of the activity sought to be permitted, has suffered or may suffer actual injury or economic damage other than as a member of the general public or a competitor.(9) Aquifer--A geological formation, group of formations, or portion of a formation capable of yielding significant quantities of groundwater to wells or springs.(10) ASTM--ASTM International (successor to the American Society for Testing and Materials).(11) Authorized--An activity that is permitted or allowed by a rule.(12) Authorized pit--A reserve pit, mud circulation pit, completion/workover pit, makeup water pit, fresh mining water pit, water condensate pit, or produced water recycling pit that is permitted by rule and described and operated in accordance with Division 3 of this subchapter (relating to Operations Authorized by Rule).(13) Basic sediment--A mixture of crude oil or lease condensate, water, sediment, and other substances or hydrocarbon-bearing materials that are concentrated at the bottom of tanks and pipeline storage tanks (also referred to as \"basic sediment and water\" or \"tank bottoms\").(14) Brine pit--A pit used for storage of brine in connection with the solution mining of brine, the operation of an underground hydrocarbon storage facility, or other activities associated with oil and gas exploration, development, storage or production that involve the creation or use of a salt cavern.(15) Buffer zone--The minimum distance allowed between a waste management unit and another feature, such as a property boundary, surface water, or water well.(16) Carrier--A person who is permitted to transport oil and gas wastes. A carrier of another person's oil and gas wastes may be a generator of its own oil and gas wastes. A permitted waste hauler is a carrier.(17) Coastal Management Program (CMP) rules--The enforceable rules of the Texas Coastal Management Program codified at 31 Texas Administrative Code Chapters 26 through 29.(18) Coastal Natural Resource Area (CNRA)--One of the following areas defined in Texas Natural Resources Code §33.203: coastal barriers, coastal historic areas, coastal preserves, coastal shore areas, coastal wetlands, critical dune areas, critical erosion areas, gulf beaches, hard substrate reefs, oyster reefs, submerged land, special hazard areas, submerged aquatic vegetation, tidal sand or mud flats, water in the open Gulf of Mexico, and water under tidal influence.(19) Coastal waters--Waters along the coast under the jurisdiction of the State of Texas, including tidal influence and waters of the open Gulf of Mexico.(20) Coastal zone--The area within the boundary established in 31 Texas Administrative Code §27.1 (relating to Coastal Management Program Boundary).(21) Commercial facility--A facility permitted under Division 4 of this subchapter (relating to Requirements for All Permitted Waste Management Operations), whose owner or operator receives compensation from others for the management of oil field fluids or oil and gas wastes and whose primary business purpose is to provide these services for compensation.(22) Commission--The Railroad Commission of Texas.(23) Completion/workover pit--A pit used for storage or disposal of spent completion fluids and solids, workover fluids and solids, and drilling fluids and solids, silt, debris, water, brine, oil scum, paraffin, or other materials which have been cleaned out of the wellbore of a well being completed, worked over, or plugged.(24) Contact stormwater--Stormwater that has come into contact with any amount of oil and gas wastes or areas that contain or have contained oil and gas wastes. See also \"Non-contact stormwater\" and \"Stormwater.\"(25) Container--A means of primary containment used for the management of oil and gas waste such as a pit, sump, tank, vessel, truck, barge, or other receptacle.(26) Critical area--A coastal wetland, an oyster reef, a hard substrate reef, submerged aquatic vegetation, or a tidal sand or mud flat as defined in Texas Natural Resources Code §33.203.(27) Dewater--To remove free liquids from a media such that the remaining material passes a Paint Filter Liquids Test (EPA Method 9095B, as described in \"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods,\" EPA Publication Number SW-846). See also \"Free liquids\".(28) Director--The Director of the Oil and Gas Division or the Director's delegate.(29) Discharge--To allow a liquid, gas, or other substance to flow out from where it has been confined.(30) Disposal--The act of conducting, draining, discharging, emitting, throwing, releasing, depositing, burying, dumping, placing, abandoning, landfarming, allowing seepage, or causing or allowing any such act of disposal of any oil field fluid, oil and gas waste, or other substance or material subject to regulation by the Commission.(31) Disposal pit--A pit used for the permanent storage of oil and gas waste.(32) District Director--The Director of the Commission district where the management, disposal, or recycling of oil and gas wastes is located or the District Director's delegate.(33) District Office--The Commission District Office in the Commission district where the waste management, disposal, and/or recycling is located.(34) Drill cuttings--Bits of rock or soil cut from a subsurface formation by a drill bit during the process of drilling an oil or gas well or other wells within the Commission's jurisdiction and lifted to the surface by means of the circulation of drilling mud. The term includes any associated sand, silt, drilling fluid, spent completion fluid, workover fluid, debris, water, brine, oil scum, paraffin, or other material cleaned out of the wellbore.(35) Drilling fluid--Any of a number of liquid and gaseous fluids and mixtures of fluids and solids (as solid suspensions, mixtures and emulsions of liquids, gases and solids) used in operations to drill boreholes into the earth.(36) Electrical conductivity--A numerical expression of the ability of a material to carry a current, normally expressed in millimhos/centimeter (the reciprocal of resistivity). It is frequently used to estimate salinity in terms of total dissolved solids. In soil analysis, electrical conductivity may be used as one measure to evaluate a soil's ability to sustain plant growth.(37) Environmental Protection Agency (EPA)--The United States Environmental Protection Agency.(38) Facility--A site that shares a common area, common access, and a common purpose where oil field fluids or oil and gas wastes are managed. It may include one or more waste management units, may include permitted or authorized activities, and may be designated as either commercial or non-commercial.(39) Free liquids--Liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.(40) Freeboard--The vertical distance between the top of a pit or berm and the highest point of the contents of the pit or berm.(41) Fresh mining water pit--A pit used in conjunction with a brine mining injection well for storage of fresh water used for solution mining of brine.(42) Generator--A person that generates oil and gas wastes.(43) Geomembrane--An impermeable polymeric sheet material that is impervious to liquid and gas if it maintains its integrity and is used as an integral part of an engineered structure designed to limit the movement of liquid or gas in a system.(44) Geotextile--A sheet material that is less impervious to liquid than a geomembrane but more resistant to penetration damage, and is used as part of an engineered structure or system to serve as a filter to prevent the movement of soil fines into a drainage system, to provide planar flow for drainage, to serve as a cushion to protect geomembranes, or to provide structural support.(45) Groundwater--Subsurface water in a zone of saturation. (46) Hydrocarbon condensate--Hydrocarbon liquids that condense from a natural gas stream.(47) Inert oil and gas waste--Nonreactive, nontoxic, and essentially insoluble oil and gas wastes, including, but not limited to, concrete, glass, wood, metal, wire, plastic, synthetic liners, fiberglass, soil, dirt, clay, sand, gravel, brick, and trash. The term excludes asbestos or asbestos-containing waste, and oil and gas naturally occurring radioactive material (NORM) waste.(48) Karst terrain--An area where karst topography, with its characteristic surface and/or subterranean features, is developed principally as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terrains include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.(49) Land application--A method for the permanent disposition of low-chloride aqueous oil and gas waste by which the liquid waste is applied directly to the ground surface in a controlled manner via sprinkler or other irrigation systems without tilling or mixing with the native soils and without runoff to surface water or infiltration to groundwater.(50) Landfarming--An authorized or permitted waste management practice in which low chloride, water-based drilling fluids, or oil and gas wastes are mixed with, or tilled into, the native soils in such a manner that the waste will not migrate from the authorized or permitted landfarming cell.(51) Landfarming cell--The bermed area into which oil and gas waste is applied to the land and includes landfarming and landtreatment cells.(52) Landtreating--An authorized or permitted waste management practice in which oil-based drilling fluids, oil impacted soils, and oil and gas wastes are mixed with or tilled into the native soil to degrade oil, grease, or other organic wastes through biological processes and in such a manner that the waste will not migrate from the authorized or permitted landtreatment cell.(53) Leak detection system--A system used to detect leaks below the liner of pits.(54) Liner--A continuous layer of impervious materials, synthetic or natural, beneath and on the sides of a pit that restricts or prevents the downward or lateral release or migration of oilfield fluids or oil and gas wastes.(55) Makeup water pit--A pit used in conjunction with a drilling rig, completion operations, or a workover for storage of water used to make up drilling fluid or completion fluid.(56) Manage or management of oil and gas waste--The receiving, handling, storage, treatment, processing, transportation, reclamation, recycling, and/or disposal of oil and gas wastes.(57) Manifest--An electronic or paper document used to track shipments of oil and gas waste that is authenticated by all parties (the generator, carrier, and receiver) in the transfer of oil and gas waste, and contains information on the waste type, source, quantity, and instructions for handling.(58) Mined brine--Brine produced from a brine mining injection well by solution of subsurface salt formations. The term does not include saltwater produced incidentally to the exploration, development, and production of oil or gas or geothermal resources.(59) Mud circulation pit--A pit used in conjunction with drilling rig for storage of drilling fluid currently being used in drilling operations.(60) Natural gas or natural gas liquids processing plant--A plant whose primary function is the extraction of natural gas liquids from field gas, the fractionation of natural gas liquids, and the production of pipeline-quality gas for transportation by a natural gas transmission pipeline. The term does not include a separately located natural gas treating plant for which the primary function is the removal of carbon dioxide, hydrogen sulfide, or other impurities from the natural gas stream. A separator, dehydration unit, heater treater, sweetening unit, compressor, or similar equipment shall be considered a component of a natural gas or natural gas liquids processing plant only if it is located at a plant the primary function of which is the extraction of natural gas liquids from field gas or fractionation of natural gas liquids.(61) Naturally occurring radioactive material (NORM)--Naturally occurring materials not regulated under the Atomic Energy Act whose radionuclide concentrations have been increased by or as a result of human practices. NORM does not include the natural radioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is concentrated by controllable practices (or by past human practices). NORM does not include source, byproduct, or special nuclear material.(62) Non-commercial facility--A facility authorized or permitted under this chapter that is not a commercial facility as defined in paragraph (21) of this section.(63) Non-contact stormwater--Stormwater that, by design or direction, has not come into contact with any oil or gas wastes and is not otherwise designated as contact stormwater pursuant to §4.110(24). See also \"Contact stormwater\" and \"Stormwater.\"(64) Oil and gas NORM waste--Any solid, liquid, or gaseous material or combination of materials (excluding source material, special nuclear material, and by-product material) that in its natural physical state spontaneously emits radiation, is discarded or unwanted, constitutes, is contained in, or has contaminated oil and gas waste, and prior to treatment or processing that reduces the radioactivity concentration, exceeds exemption criteria specified in 25 Texas Administrative Code §289.259(d) (relating to Licensing of Naturally Occurring Radioactive Material (NORM)).(65) Oil and gas wastes--As defined in Texas Natural Resources Code §91.1011, the term:(A) means waste that arises out of or incidental to the drilling for or producing of oil or gas, including waste arising out of or incidental to:(i) activities associated with the drilling of injection water source wells which penetrate the base of useable quality water;(ii) activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the Commission;(iii) activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants;(iv) activities associated with any underground natural gas storage facility, provided the terms \"natural gas\" and \"storage facility\" shall have the meanings set out in Texas Natural Resources Code §91.173;(v) activities associated with any underground hydrocarbon storage facility, provided the terms \"hydrocarbons\" and \"underground hydrocarbon storage facility\" shall have the meanings set out in Texas Natural Resources Code §91.201; and(vi) activities associated with the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel;(B) includes salt water, brine, sludge, drilling mud, and other liquid, semiliquid, or solid waste material; but(C) does not include waste arising out of or incidental to activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants if that waste is a hazardous waste as defined by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., as amended.(66) Oil field fluids--Fluid used or reused in connection with activities associated with the exploration, development, and production of oil or gas or geothermal resources, fluids to be used or reused in connection with activities associated with the solution mining of brine, and mined brine. The term \"oil field fluids\" includes, but is not limited to, drilling fluids, completion fluids, surfactants, and other chemicals used in association with oil and gas activities, but does not include produced oil, condensate, gas, or water that is not oil and gas waste. Oil field fluids no longer used or reused in connection with activities associated with the exploration, development, and production of oil or gas or geothermal resources, and oil field fluids that have been abandoned, are considered an oil and gas waste.(67) Operator--A person, acting for itself or as an agent for others, designated to the Railroad Commission of Texas as the person with responsibility for complying with the Commission's rules and regulations in any acts subject to the Commission's jurisdiction.(68) Partially treated waste--Oil and gas waste that has been treated or processed with the intent of being recycled, but which has not been determined to meet the environmental and engineering standards for a recyclable product established by the Commission in this subchapter or in a permit issued pursuant to this subchapter.(69) Person--A natural person, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(70) Pit--A container for which earthen materials provide structure, shape, and foundation support. A container that includes a concrete floor or sidewall is a pit. A tank, as defined in paragraph (89) of this section, is not a pit.(71) Pollution--The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any surface or subsurface water that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.(72) Primary containment--Measures put into place to confine, control, and secure a material to a defined space. See also \"Container.\"(73) Produced water--The water that was present in a subsurface formation and was brought to the surface during oil and gas exploration and production activities.(74) Produced water recycling--The recycling of produced water and other aqueous fluid wastes produced from a wellbore during oil and gas exploration and production activities.(75) Produced water recycling pit--An authorized pit used to manage produced water and other aqueous fluid wastes produced from a wellbore during oil and gas exploration and production activities. (76) Public area--A dwelling, place of business, church, school, hospital, school bus stop, government building, any portion of a park, city, town, village, or other similar area that can expect to be populated.(77) Public water system--A source of potable water for the public's use that has at least 15 service connections or serves at least 25 individuals for at least 60 days out of the year. This includes people that live in houses served by a system, but can also include employees, customers, or students.(78) Pressure maintenance plant or repressurizing plant--A plant for processing natural gas for reinjection for reservoir pressure maintenance or repressurizing in a natural gas recycling project. These terms do not include a compressor station along a natural gas pipeline system or a pump station along a crude oil pipeline system.(79) Receiver--A person who manages oil and gas waste that is received from a generator, another receiver, or carrier. A receiver of another operator's oil and gas wastes may be a generator of its own oil and gas wastes.(80) Recyclable product--A reusable material that has been created from the treatment and/or processing of oil and gas waste as authorized or permitted by the Commission and that meets the environmental and engineering standards established by the permit or authorization for the intended use, and is used as a legitimate commercial product. A recyclable product is not a waste but may become a waste if it is abandoned or disposed of rather than recycled as authorized by the permit or authorization.(81) Recycle--To process and/or use or re-use oil and gas wastes as a product for which there is a legitimate commercial use. This term also includes the actual use or re-use of oil and gas wastes. For the purpose of this chapter, the term \"recycle\" does not include injection pursuant to a permit issued under §3.46 of this title (relating to Fluid Injection into Productive Reservoirs).(82) Reserve pit--A pit used in conjunction with drilling rig for collecting spent drilling fluids; cuttings, sands, and silts; and wash water used for cleaning drill pipe and other equipment at the well site. Reserve pits are sometimes referred to as slush pits or mud pits.(83) Secondary containment--Measures put into place to contain spills and prevent them from contaminating the surrounding area, such as dikes, berms, or other barriers. See also \"Container\" and \"Primary containment.\" (84) Sensitive area--An area defined by the presence of factors, whether one or more, that make it vulnerable to pollution from oil and gas surface waste management activities. Factors that are characteristic of sensitive areas include the presence of shallow groundwater or pathways for communication with deeper groundwater; proximity to surface water, including lakes, rivers, streams, dry or flowing creeks, irrigation canals, water wells, stock tanks, and wetlands; proximity to natural wildlife refuges or parks; or proximity to commercial or residential areas.(85) Solid oil and gas waste--Oil and gas waste that is determined not to contain \"free liquids\" as defined by EPA Method 9095B (Paint Filter Liquids Test), as described in \"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods\" (EPA Publication Number SW-846).(86) Storage or storing--The keeping, holding, accumulating, or aggregating of oil and gas waste for a temporary or indeterminate period.(87) Stormwater--Water that falls onto and flows over the ground surface and does not infiltrate into the soil. See also \"Contact stormwater\" and \"Non-contact stormwater.\"(88) Surface and subsurface water--Groundwater, percolating, perched or otherwise, and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh, saline, or salt, navigable or non-navigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.(89) Tank--A rigid, non-concrete, non-earthen container that provides its own structure and shape.(90) TCEQ--The Texas Commission on Environmental Quality or its successor agencies.(91) Technical Permitting Section or Technical Permitting--The Technical Permitting Section within the Oil and Gas Division of the Railroad Commission of Texas, located in Austin, Texas.(92) Treated fluid--Fluid oil and gas waste that has been treated to remove impurities such that the fluid can be reused or recycled. Treated fluid that is abandoned or disposed of is classified as an oil and gas waste. Once treated fluid is reused or recycled, it is not classified as an oil and gas waste.(93) Unified Soil Classification System--The standardized system devised by the United States Army Corps of Engineers for classifying soil types.(94) Waste management unit--A container, structure, pad, cell, or area in or on which oil and gas wastes are managed.(95) Water condensate pit--A pit used for storage or disposal of water condensed from natural gas.(96) Wetland--An area including a swamp, marsh, bog, prairie pothole, or similar area having a predominance of hydric soils that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal circumstances supports the growth and regeneration of hydrophytic vegetation. The term \"hydric soil\" means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation. The term \"hydrophytic vegetation\" means a plant growing in water or a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content. The term \"wetland\" does not include irrigated acreage used as farmland; a man-made wetland of less than one acre; or a man-made wetland for which construction or creation commenced on or after August 28, 1989, and which was not constructed with wetland creation as a stated objective, including but not limited to an impoundment made for the purpose of soil and water conservation which has been approved or requested by soil and water conservation districts (Texas Water Code §11.502.).", "sourceNote": "Source Note: The provisions of this §4.110 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224098", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.111", "label": "Authorized Disposal Methods for Certain Wastes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224099", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Water condensate. A person may, without a permit, dispose of by land application water which has been condensed from natural gas and collected at gas pipeline drip stations or gas compressor stations. The disposal is authorized provided:(1) the disposal is not a discharge to surface water and the waste will not reach surface water;(2) prior to each land application event, representative samples are collected and analyzed for the list of parameters in the figure in this subsection;(3) analytical methods used are documented and all parameters are in mg/liter unless otherwise specified;(4) analyte concentrations do not exceed the concentration limits listed in the figure in this subsection;(5) the water condensate is applied to the ground surface in such a manner that it will not leave the boundaries of the property; and(6) the area where the water condensate will be land applied is at least 500 feet from a public water system well or intake, and 300 feet from any surface water or residential or irrigation water supply well.Attached Graphic(b) Inert oil and gas wastes. A person may, without a permit, dispose of inert oil and gas wastes on the property on which the waste was generated provided disposal is by a method other than:(1) disposal into surface water; or(2) a method that may present other health and safety hazards such as burning.(c) Low chloride water-based drilling fluid. A person may, without a permit, dispose of the following oil and gas wastes by landfarming: water-based drilling fluids with a chloride concentration of 3,000 mg/liter or less; drill cuttings, sands, and silts obtained while using water-based drilling fluids with a chloride concentration of 3,000 mg/liter or less; and wash water used for cleaning drill pipe and other equipment at the well site. The disposal is authorized in accordance with the following:(1) the waste is landfarmed on the same lease or unit, easement, or right-of-way where it was generated;(2) the person has obtained written permission to landfarm the waste from the surface owner of the area to be landfarmed;(3) the slope of the area to be landfarmed is three percent or less, or any greater slope is approved in writing by the District Director;(4) the area where the waste will be landfarmed is at least 500 feet from a public water system well or intake, 300 feet from any surface water or other types of wells, and in an area with subsurface water at depths of more than 100 feet below land surface;(5) any accumulation of hydrocarbons on top of the waste to be landfarmed is removed from the waste prior to spreading;(6) the waste to be landfarmed has a pH of not less than six nor more than nine standard units;(7) the waste is spread evenly and in a manner that will not result in a depth of greater than six inches of solids or six inches of fluids (six inches over an acre = 5,172 barrels/acre);(8) the waste is spread in a manner that will not result in pooling, ponding, or runoff of the waste and the waste is then disked into the soil as necessary to distribute the waste within the soil;(9) immediately after landfarming the waste, the waste-soil mixture has an electrical conductivity that does not exceed the background level for undisturbed soil established before landfarm activities commenced or four millimhos/centimeter, whichever is greater; and(10) immediately after landfarming the waste, the waste-soil mixture has a total petroleum hydrocarbon content of one percent or less by weight when sampled using EPA SW-846 418.1 or equivalent.(d) Other oil and gas wastes. A person may, without a permit, dispose of the following oil and gas wastes by burial in a reserve pit or a completion/workover pit: solids from dewatered drilling mud and fluids generated during well drilling, completion, and workover activities, including drill cuttings, sand, silt, paraffin, and debris. The disposal is authorized provided:(1) the wastes are disposed of at the same well site where they are generated;(2) the wastes are dewatered;(3) the burial complies with the closure requirements for authorized pits pursuant to §4.114 of this title (relating to Schedule A Authorized Pits); and(4) the operator maintains documentation demonstrating closure requirements have been met. The operator shall maintain these records for at least three years from the date of closure and provide copies of these records to the Commission upon request.", "sourceNote": "Source Note: The provisions of this §4.111 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224099", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.112", "label": "Authorized Recycling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224100", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Produced water recycling is authorized if:(1) produced water is recycled for use in drilling operations, completion operations, hydraulic fracturing operations, or as another type of oilfield fluid to be used in the wellbore of an oil, gas, geothermal, or service well;(2) produced water recycling pits are operated in accordance with §4.113 and §4.115 of this title (relating to Authorized Pits, and Schedule B Authorized Pits); and(3) recycling is limited to oil and gas waste; commingling of treated oil and gas waste with other treated fluid from sources outside of the Commission's jurisdiction may only be authorized at the Director's discretion.(b) Treated fluid may be reused in any other manner without a permit from the Commission provided the reuse occurs pursuant to a permit issued by another state or federal agency.(c) Fluid that meets the requirements of subsection (a) or (b) of this section is a recyclable product.", "sourceNote": "Source Note: The provisions of this §4.112 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224100", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.113", "label": "Authorized Pits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An operator may, without a permit, maintain or use reserve pits, mud circulation pits, completion/workover pits, makeup water pits, fresh mining water pits, water condensate pits, and produced water recycling pits if the pit complies with this division. (b) Unless otherwise approved by the District Director after a showing that the contents of the pit will be confined in the pit at all times, all authorized pits shall be constructed, used, operated, and maintained at all times outside of a 100-year flood plain as that term is defined in §4.110 of this title (relating to Definitions). The operator may request a hearing if the District Director denies approval of the request to construct an authorized pit within a 100-year flood plain.(c) An authorized pit that was constructed pursuant to and compliant with §3.8 of this title (relating to Water Protection) as that rule existed prior to July 1, 2025, is authorized to continue to operate subject to the following:(1) Authorized pits that cause pollution shall be brought into compliance with or closed according to this division.(2) By July 1, 2026, basic sediment pits, flare pits, and other unpermitted pits not authorized by this section shall be:(A) permitted according to this subchapter; or(B) closed according to this division.(3) By January 1, 2026, an operator of a non-commercial fluid recycling pit shall:(A) register the pit as a produced water recycling pit according to subsection (e) of this section and file the required financial security according to §4.115 of this tile (relating to Schedule B Authorized Pits); or(B) close the pit according to this division.(4) At the time of closure, authorized pits shall be closed according to this division.(d) In the event of an unauthorized release of oil and gas waste, treated fluid, or other substances from any pit authorized by this section, the operator shall take any measures necessary to stop or control the release and report the release to the District Office within 24 hours of discovery of the release.(e) The operator shall register all authorized pits with the Commission.(1) The Director shall establish a registration system for authorized pits by July 1, 2025.(A) New authorized pits constructed after July 1, 2025 shall register by mailing or emailing to Technical Permitting the registration form established by the Commission.(B) By July 1, 2027, the Director will establish an online system for operators to register and for the Commission to maintain a record of authorized pits.(C) The operator of an authorized pit shall register the pit using the online registration system once it is established by the Director.(2) New pits shall be registered prior to operation of the pit.(3) Authorized pits existing on July 1, 2025, shall be registered or closed within one year.(4) Authorized pit registration shall include:(A) the type of pit;(B) the location of the pit including the lease name and number, drilling permit number or other Commission-issued identifier, and the latitude and longitude coordinates using the 1983 North American Datum (NAD);(C) the pit dimensions and capacity in barrels;(D) the expected depth to groundwater from the bottom of the pit; and(E) for produced water recycling pits, the financial security required by §4.115 of this title.(5) An authorized pit may be designated as more than one type of pit provided it meets the requirements in this section for each type of pit. An authorized pit of one type may be redesignated as an authorized pit of another type (for example, a reserve pit may be redesignated as a completion pit) provided the pit was constructed to meet the design and construction requirements of the pit type to which it will be redesignated.", "sourceNote": "Source Note: The provisions of this §4.113 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224101", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.114", "label": "Schedule A Authorized Pits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224102", "queryAsDate": "03/11/2026" }, "ruleBody": "Reserve pits, mud circulation pits, completion/workover pits, makeup water pits, fresh mining water pits, and water condensate pits are Schedule A authorized pits.(1) Schedule A pit contents.(A) Reserve pits and mud circulation pits. A person shall not deposit or cause to be deposited into a reserve pit or mud circulation pit any oil field fluids or oil and gas wastes other than the following:(i) drilling fluids that are freshwater base, saltwater base, or oil base;(ii) drill cuttings, sands, and silts separated from the circulating drilling fluids;(iii) wash water used for cleaning drill pipe and other equipment at the well site;(iv) drill stem test fluids; and(v) blowout preventer test fluids.(B) Completion/workover pits. A person shall not deposit or cause to be deposited into a completion/workover pit any oil field fluids or oil and gas wastes other than spent completion fluids, workover fluid, and the materials cleaned out of the wellbore of a well being completed, worked over, or plugged.(C) Makeup water pits. A person shall not deposit or cause to be deposited into a makeup water pit any oil and gas wastes or any oil field fluids other than water used to make up drilling fluid or hydraulic fracturing fluid. Produced water shall not be placed in a makeup water pit.(D) Fresh mining water pits. A person shall not deposit or cause to be deposited into a fresh mining water pit any oil and gas wastes or any oil field fluids other than water used for solution mining of brine.(E) Water condensate pits. A person shall not deposit or cause to be deposited into a water condensate pit any oil field fluids or oil and gas wastes other than fresh water condensed from natural gas and collected at gas pipeline drips or gas compressor stations.(2) Schedule A pit construction.(A) All pits shall be designed, constructed, and maintained to prevent any migration of materials from the pit into adjacent subsurface soils, groundwater, or surface water at any time during the life of the pit.(B) Any authorized pit that contains fluid with more than 3,000 mg/liter of total dissolved solids, or any authorized pit located in areas where groundwater is present within 50 feet of the bottom of the pit shall be lined.(i) All liners shall have a hydraulic conductivity that is 1.0 x 10-7 cm/sec or less.(ii) A liner may be constructed of either natural or synthetic materials.(3) Schedule A pit closure. A person who maintains or uses a reserve pit, mud circulation pit, makeup water pit, fresh mining water pit, completion/workover pit, or water condensate pit shall ensure closure activities do not increase the potential for pollution.(A) Schedule A pits shall be dewatered, backfilled, and compacted according to the following schedule. (i) Reserve pits, mud circulation pits, and makeup water pits which contain fluids with a chloride concentration of 6,100 mg/liter or less shall be dewatered, backfilled, and compacted within one year of cessation of drilling operations.(ii) Reserve pits, mud circulation pits, and makeup water pits which contain fluids with a chloride concentration in excess of 6,100 mg/liter shall be dewatered within 30 days and backfilled and compacted within one year of cessation of drilling operations.(iii) All completion/workover pits used when completing a well shall be dewatered within 30 days of well completion and backfilled and compacted within 120 days of well completion. All completion/workover pits used when working over a well shall be dewatered within 30 days of completion of workover operations and backfilled and compacted within 120 days of completion of workover operations. (iv) Fresh mining water pits and water condensate pits shall be dewatered, backfilled, and compacted within 120 days of final cessation of use of the pit.(v) If a person constructs a sectioned reserve pit, each section of the pit shall be considered a separate pit for determining when a particular section shall be dewatered.(B) A person who maintains or uses a reserve pit, mud circulation pit, makeup water pit, or completion/workover pit shall remain responsible for dewatering, backfilling, and compacting the pit within the time prescribed by subparagraph (A) of this paragraph, even if the time allowed for backfilling the pit extends beyond the expiration date or transfer date of the lease covering the land where the pit is located.(C) The Director may require that a person who uses or maintains a reserve pit, mud circulation pit, makeup water pit, fresh mining water pit, completion/workover pit, or water condensate pit dewater and backfill the pit sooner than the time prescribed by subparagraph (A) of this paragraph if the Director determines that oil and gas wastes or oil field fluids are likely to escape from the pit or that the pit is being used for improper storage or disposal of oil and gas wastes or oil field fluids.(D) Prior to backfilling any reserve pit, mud circulation pit, completion/workover pit, or water condensate pit authorized by this paragraph, the person maintaining or using the pit shall, in a permitted manner or in a manner authorized by §4.111 of this title (relating to Authorized Disposal Methods for Certain Wastes), dispose of all oil and gas wastes which are in the pit.", "sourceNote": "Source Note: The provisions of this §4.114 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224102", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.115", "label": "Schedule B Authorized Pits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224103", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Schedule B authorized pits. A produced water recycling pit is a Schedule B authorized pit.(b) A produced water recycling pit may be located on a tract of land that is not on an oil and gas lease operated by the operator of the produced water recycling pit.(c) Financial security requirements.(1) Pursuant to Natural Resources Code §91.109(a), the operator of a produced water recycling pit shall maintain a performance bond or other form of financial security conditioned that the operator will operate and close the produced water recycling pit in accordance with this subchapter.(2) For each produced water recycling pit an operator shall file financial security in one of the following forms:(A) a blanket performance bond; or(B) a letter of credit or cash deposit in the same amount as required for a blanket performance bond.(3) An operator required to file financial security under paragraph (1) of this subsection shall file one of the following types and amounts of financial security.(A) A person operating five or less pits may file a performance bond, letter of credit, or cash deposit in an amount equal to $1.00 per barrel of total pit capacity.(B) A person operating more than five pits may file a performance bond, letter of credit, or cash deposit in an amount equal to:(i) the greater of $1.00 per barrel of water for ten percent of an operator's total produced water recycling pit capacity or $1,000,000; or(ii) $200,000 per pit, capped at $5,000,000.(4) The operator shall submit required financial security at the time the operator registers the produced water recycling pit.(5) The operator shall submit bonds and letters of credit on forms prescribed by the Commission.(d) Non-commercial fluid recycling pits authorized prior to July 1, 2025. Non-commercial fluid recycling pits that were authorized pursuant to and compliant with §3.8 of this title (relating to Water Protection) as that rule existed prior to July 1, 2025 are authorized as produced water recycling pits under this section, provided the operator registers the pit and files the required financial security by January 1, 2026.(e) Produced water recycling pit contents. A person shall not deposit or cause to be deposited into a produced water recycling pit any oil field fluids or oil and gas wastes other than those fluids described in §4.110(75) of this title (relating to Definitions) and any fluids authorized by the Director pursuant to §4.112(a)(3) of this title (relating to Authorized Recycling).(f) General location requirements for produced water recycling pits. No produced water recycling pit shall be located:(1) on a barrier island or a beach;(2) within 300 feet of surface water;(3) within 500 feet of any public water system well or intake;(4) within 300 feet of any domestic water well or irrigation water well, other than a well that supplies water for drilling or workover operations or any other process for which the pit is authorized; (5) within a 100-year flood plain; or(6) within 500 feet of a public area.(g) General design and construction requirements for produced water recycling pits. All produced water recycling pits shall comply with the following requirements.(1) The operator shall design and construct a produced water recycling pit to ensure the confinement of fluids to prevent releases.(2) A produced water recycling pit shall be large enough to ensure adequate storage capacity of the volume of material to be managed and to maintain two feet of freeboard plus the capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event.(3) A produced water recycling pit shall be designed and constructed to prevent non-contact stormwater runoff from entering the pit. A berm, ditch, proper sloping, or other diversion shall surround a produced water recycling pit to prevent run-on of any surface waters including precipitation.(4) A produced water recycling pit shall have a properly constructed foundation and interior slopes consisting of a firm, unyielding base, smooth and free of rocks, debris, sharp edges, or irregularities to prevent the liner's rupture or tear. The operator shall construct a produced water recycling pit so that the slopes are no steeper than three horizontal feet to one vertical foot (3H:1V). The District Director may approve an alternative to the slope requirement if the operator demonstrates that it can construct and operate the produced water recycling pit in a safe manner to prevent pollution of surface and subsurface water and protect public health, public safety, and the environment.(5) Produced water recycling pits shall be lined.(A) The liner shall be constructed of materials that have sufficient chemical and physical properties, including thickness, to prevent failure during the expected life of the produced water recycling pit due to pressure gradients (including static head and external hydrogeologic forces), physical contact with material in the pit or other materials to which the liner may be expected to be exposed, climatic conditions, stress of installation, and use.(B) All of the pit shall be lined, including the dike or berm, and the liner shall be properly anchored or keyed into the native substrate to prevent erosion or washout of the dike, berm, or liner.(C) A liner may be constructed of either natural or synthetic materials.(D) A liner constructed of natural materials shall meet the following requirements:(i) A natural liner shall only be used for a produced water recycling pit with an active life of less than one year.(ii) A natural liner shall be constructed of a minimum of two feet of compacted fat clay, placed in continuous six-inch lifts compacted to a 95% standard proctor as defined in ASTM D698 and having a hydraulic conductivity of 1.0 x 10 7 cm/sec or less. Where natural liner materials are used, the operator shall perform appropriate testing to ensure compliance with these requirements and shall maintain copies of the test results for the life of the pit.(iii) A produced water recycling pit with a natural liner shall not be used for waste disposal pursuant to §4.111 of this title (relating to Authorized Disposal Methods for Certain Wastes) unless the pit also has a synthetic liner.(E) A synthetic liner shall meet the following requirements: (i) A synthetic liner shall be placed upon a firm, unyielding foundation or base capable of providing support to the liner, smooth and free of rocks, debris, sharp edges, or irregularities to prevent the liner's rupture or tear.(ii) A synthetic liner shall be underlain by a geotextile where needed to reduce localized stress, strain, or protuberances that may otherwise compromise the liner's integrity.(iii) A synthetic liner shall be made of an impermeable geomembrane capable of resisting pressure gradients above and below the liner to prevent failure of the liner.(iv) A synthetic liner shall have a breaking strength of 40 pounds per inch using test method ASTM D882.(v) A synthetic liner shall have a puncture resistance of at least 15 pounds force using test method ASTM D4833.(vi) The length of synthetic liner seams shall be minimized, and the seams shall be oriented up and down, not across, a slope. The operator shall use factory welded seams where possible. Prior to field seaming, the operator shall overlap liners four to six inches. The operator shall minimize the number of field seams in corners and irregularly shaped areas. Qualified personnel shall field weld and test liner seams. A synthetic liner shall have a seam strength, if applicable, of at least 15 pounds per inch using test method ASTM D751 or ASTM D6392.(h) General operating requirements for produced water recycling pits. All produced water recycling pits shall be operated in accordance with the following requirements.(1) Freeboard of at least two feet plus capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event shall always be maintained in produced water recycling pits.(2) Equipment, machinery, waste, or other materials that could reasonably be expected to puncture, tear, or otherwise compromise the integrity of the liner shall not be used or placed in lined pits.(3) Operators shall establish an inspection program to ensure compliance with the applicable provisions of this section taking into consideration the nature of the pit and frequency of use.(4) If the operator does not propose to empty the produced water recycling pit and inspect the pit liner on at least an annual basis, the operator shall install a double liner and leak detection system. A leak detection system shall be installed between a primary and secondary liner. The leak detection system shall be monitored monthly to determine if the primary liner has failed. The primary liner has failed if the volume of water passing through the primary liner exceeds the action leakage rate, as calculated using accepted procedures, or 1,000 gallons per acre per day, whichever is larger.(5) The operator of a produced water recycling pit shall keep records to demonstrate compliance with the pit liner integrity requirements and shall make the records available to the Commission upon request.(6) Free oil shall not be allowed to accumulate on or in a produced water recycling pit.(i) General closure requirements for produced water recycling pits. All produced water recycling pits shall comply with the following closure requirements.(1) Prior to closure of the pit, the operator shall dewater the pit.(2) Prior to closure of the pit, all waste shall be removed from the pit unless the requirements of subsection (k) of this section are met.(j) Closure requirements for produced water recycling pits if all waste is removed for disposal.(1) The contents of the pit, including synthetic liners, if applicable, shall be removed for disposal at an authorized or permitted waste facility.(2) The operator shall verify whether oil and gas waste has migrated beyond the pit floor and sidewalls.(3) The operator shall collect one five-point composite soil sample for each acre of pit surface area. The five-point composite sample shall be collected from the native soil on the pit floor. A fraction of an acre of pit surface area will require a composite sample.(A) The samples shall be analyzed for the constituents and using the methods identified in the figure in this subsection to determine whether the constituent concentrations exceed the limit in the figure or background concentrations.(B) If the operator intends to use background soil concentrations as a closure standard, then constituent concentrations in background soil shall be determined before or during pit construction. To establish background concentrations, the operator shall:(i) sample soil in the pit floor locations before or during pit construction;(ii) collect one five-point composite soil sample for each acre of pit surface area. The five-point composite sample shall be collected from the native soil on the pit floor. A fraction of an acre of pit surface area will require a composite sample; and(iii) analyze the soil samples for the constituents listed in the figure in this subsection.(C) If the concentration of the constituents exceeds the limits in the figure in this subsection or the concentrations determined from background sampling and analysis, the operator shall notify the District Director within 24 hours of discovery of the constituent exceedance.(i) The District Director may refer the matter to the Site Remediation Unit in Austin.(ii) The operator shall follow instructions provided by the District Director or Site Remediation regarding further investigation, remediation, monitoring, closure, and reporting.(D) If the concentration of the constituents does not exceed the limits in the figure in this subsection or background concentrations, the operator shall proceed with closure.(i) The operator shall backfill the pit with non-waste containing, uncontaminated, earthen material.(ii) The backfill shall be compacted in a manner that minimizes future consolidation, desiccation, and subsidence.(iii) The operator shall mound or slope the former pit site to encourage runoff and discourage ponding.(iv) The operator shall, where necessary to ensure ground stability and prevent significant erosion, vegetate the former pit site in a manner consistent with natural vegetation in undisturbed soil in the vicinity of the pit.(E) The operator shall notify the District Director a minimum of seven days prior to closure of the produced water recycling pit and shall maintain documentation for a period of three years to demonstrate that the requirements of this section have been met.Attached Graphic(k) Closure requirements for produced water recycling pits if waste will be buried in place pursuant to §4.111 of this title.(1) The operator shall ensure that any oil and gas waste, including synthetic liners, that will be disposed of in the pit as authorized by §4.111 of this title is buried in a manner such that the waste will remain below the natural ground surface and be confined to the original dimensions of the pit.(2) The operator shall determine the suitability of the waste material or mixture for disposal in the pit.(A) The operator shall collect one five-point composite waste material or mixture sample for each acre of pit surface area. A fraction of an acre of pit surface area will require a composite sample.(B) The samples shall be analyzed for the constituents and using the methods identified in the figure in this subsection to determine whether the constituent concentrations are below the limit in the figure or background concentrations.(C) If the operator intends to use background soil concentrations as a closure standard, then constituent concentrations in background soil shall be determined before or during pit construction. To establish background concentrations, the operator shall:(i) sample soil in the pit floor locations before or during pit construction;(ii) collect one five-point composite soil sample for each acre of pit surface area. The five-point composite sample shall be collected from the native soil on the pit floor. A fraction of an acre of pit surface area will require a composite sample; and(iii) analyze the soil samples for the constituents listed in the figure in this subsection.(3) Waste material that meets the constituent limits in the figure in subsection (j) of this section or background concentrations may be buried in the pit without additional disposal considerations.(4) Untreated waste material that does not meet the constituent limits in the figure in subsection (j) of this section may be buried by containment in a pit if:(A) the pit has a double liner with a leak detection system or has a single liner for which the operator demonstrates the liner is intact and maintains the liner intact;(B) the waste material is covered with a geonet to support the overburden fill material; and(C) the pit is backfilled, sufficiently compacted, and contoured to prevent water infiltration into the waste zone.(5) Treated waste material that meets the constituent limits in the figure in this subsection based on the distance from the bottom of the pit to the shallowest groundwater may be buried in the pit. Liners in the pit may be removed from the pit or disposed of in the pit upon closure.(6) The operator shall proceed with closure as follows:(A) The operator shall backfill the pit with non-waste containing, uncontaminated, earthen material.(B) The backfill shall be compacted in a manner that minimizes future consolidation, desiccation, and subsidence.(C) The operator shall mound or slope the burial pit site to encourage runoff and discourage ponding.(D) The operator shall, where necessary to ensure ground stability and prevent significant erosion, vegetate the former pit site in a manner consistent with natural vegetation in undisturbed soil in the vicinity of the pit.(7) The operator shall notify the District Director a minimum of seven days prior to closure of the produced water recycling pit and shall maintain documentation for a period of three years to demonstrate that the requirements of this section have been met.(8) The Commission may require the operator to close a produced water recycling pit in a manner other than the manner described in this section if it determines that oil and gas wastes or oil field fluids are likely to escape from the pit, that oil and gas wastes or oil field fluids may cause or are causing pollution, and/or that the pit is being used in a manner inconsistent with Commission rules.Attached Graphic(9) If groundwater monitoring wells are required pursuant to subsection (l) of this section, then groundwater monitoring shall continue on the same terms for at least five years after the produced water recycling pit has been closed.(l) Groundwater monitoring requirements for Schedule B authorized pits.(1) For all Schedule B authorized pits, the operator shall evaluate whether groundwater is likely to be present within 100 feet of the ground surface. The operator shall review readily available public information to evaluate whether groundwater is likely to be present within 100 feet of the ground surface. The presence of a water well within a one-mile radius of the pit that produced or produces water from a depth of 100 feet or less indicates groundwater is likely to be present within 100 feet of the ground surface. If the operator cannot determine whether groundwater is likely to be present within 100 feet of the ground surface based on a review of readily available public information, the operator shall obtain location-specific subsurface information to establish the presence or absence of groundwater within 100 feet of the ground surface.(2) Operators of Schedule B authorized pits located in areas where groundwater is not likely to be present within 100 feet of the ground surface are not required to perform groundwater monitoring.(3) Operators of Schedule B authorized pits located in areas where groundwater is likely to be present within 100 feet of the ground surface are required to perform groundwater monitoring in accordance with paragraph (4) of this subsection unless:(A) the pit has a double synthetic liner with an operational leak detection system; or(B) the pit has a liner and an active life of less than one year.(4) When groundwater monitoring is required under this subsection, the operator shall install at least three groundwater monitoring wells, at least two of which are installed in a hydrologic downgradient location relative to the pit and at least one of which is installed in an upgradient location relative to the pit.(5) The following is required for each soil boring or groundwater monitoring well drilled.(A) The drilling method shall allow for periodic or continuous collection of soil samples for field screening and soil characterization in order to adequately characterize site stratigraphy and groundwater bearing zones.(B) The groundwater monitoring wells shall be completed by a certified water well driller in accordance with 16 TAC Part 4, Chapter 76 (Water Well Drillers and Water Well Pump Installers).(C) The groundwater monitoring wells shall be completed to penetrate the shallowest groundwater zone, and the completion shall isolate that zone from any deeper groundwater zone.(D) The screened interval of the groundwater monitoring wells shall be designed to intercept at least five feet of groundwater.(E) The groundwater monitoring well screen shall extend above the static water level.(F) The sand pack size shall be compatible with the well screen slot size, as well as the local lithology.(G) The groundwater monitoring well heads shall be protected from damage by vehicles and heavy equipment.(H) The groundwater monitoring wells shall be maintained in good condition with a lockable watertight expansion cap.(I) The groundwater monitoring wells shall be able to provide a sample that is representative of the groundwater underlying the site for the duration of pit operations.(J) The operator shall retain the following information for three years after the monitoring wells are plugged:(i) a soil boring lithological log for the well, with the soils described using the Unified Soil Classification System (USCS) (equivalent to ASTM D 2487 and ASTM D 2488); the method of drilling; well specifications; slotted screen type and slot size; riser and screen length; bentonite and cement intervals; total depth; and the depth of the first encountered groundwater or saturated soils;(ii) a well installation diagram, detailing construction specifications for each well;(iii) a survey elevation for each well head reference point to the top of the casing relative to a real or arbitrary on-site benchmark or relative to mean sea level;(iv) a table with recorded depth to water, depth to top of casing, and adjusted depth to water data;(v) an updated Site Plan and a potentiometric surface map showing static water levels, the calculated gradient, and the estimated direction of groundwater flow; and(vi) the laboratory analytical reports and the corresponding chain of custody from each groundwater sampling event.(6) The operator shall sample the wells after installation of the wells is complete and shall then sample the wells on a quarterly schedule.(7) The wells shall be monitored and/or sampled for the following parameters: the static water level, pH, and concentrations of benzene, total petroleum hydrocarbons, total dissolved solids, soluble cations (calcium, magnesium, potassium, and sodium), and soluble anions (bromides, carbonates, chlorides, nitrates, and sulfates).(8) If any of the parameters identified in paragraph (7) of this subsection indicate pollution:(A) the operator shall notify the District Director by phone or email within 24 hours of receiving the analytical results; and(B) the District Director will determine whether additional remediation, monitoring, or other actions are required.(m) Transfers. To transfer a Schedule B authorized pit, the new operator of the pit shall:(1) file a registration with the Commission 30 days in advance of the effective date of the transfer; and (2) submit the financial security required by this section by the effective date of the transfer.", "sourceNote": "Source Note: The provisions of this §4.115 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224103", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.120", "label": "General Requirements for All Permitted Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224104", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A waste management activity or facility that is not authorized under Division 3 of this subchapter shall require a permit.(b) If an activity or facility requires a permit, then all waste management units associated with the activity or facility, including pits authorized by sections §4.113, §4.114, or §4.115 of this title (relating to Authorized Pits, Schedule A Authorized Pits, and Schedule B Authorized Pits) must be included in the permit. Authorized activities require a permit if associated with a permitted activity or facility.(c) The Commission may issue a permit to manage oil and gas wastes only if the Commission determines that the activity will not result in the endangerment of human health or the environment, the waste of oil, gas, or geothermal resources, or pollution of surface or subsurface water.(d) This division establishes the permit requirements applicable to all permitted waste management operations. Any person engaged in waste management authorized by permit shall comply with the requirements in this division.(e) A person applying for or acting under a Commission permit to manage oil and gas waste may be required to maintain a performance bond or other form of financial security conditioned that the permittee will operate and close the management facility in accordance with state law, Commission rules, and the permit to operate the facility.(f) In addition to the requirements in this division, any person engaged in the following waste management operations shall comply with the requirements of the following, as applicable.(1) Requirements applicable to commercial facilities are found in Division 5 of this subchapter (relating to Additional Requirements for Commercial Facilities).(2) Requirements applicable to permitted pits are found in Division 6 of this subchapter (relating to Additional Requirements for Permitted Pits).(3) Requirements applicable to landfarming and landtreating are found in Division 7 of this subchapter (relating to Additional Requirements for Landfarming and Landtreating).(4) Requirements for reclamation operations are found in Division 8 of this subchapter (relating to Additional Requirements for Reclamation Plants).(5) Miscellaneous permit requirements applicable to emergency permits, minor permits, and all other activities not otherwise authorized or addressed in this subchapter are found in Division 9 of this subchapter (relating to Miscellaneous Permits).(6) Requirements applicable to oil and gas waste characterization, documentation, manifests, and transportation are found in Division 10 of this subchapter (relating to Requirements for Oil and Gas Waste Transportation).(g) With regard to permits issued pursuant to Divisions 4 through 9 of this subchapter, the Director may impose additional permit conditions necessary to protect human health and the environment, to prevent the waste of oil, gas, or geothermal resources, or to prevent pollution of surface or subsurface water.", "sourceNote": "Source Note: The provisions of this §4.120 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.121", "label": "Permit Term" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224105", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise provided, a permit issued pursuant to Divisions 4 through 9 of this subchapter shall be valid for a term of not more than five years.(b) Any permit issued by the Commission under §3.8 of this title (relating to Water Protection) prior to July 1, 2025 shall remain in effect until it expires on its own terms, is renewed pursuant to the requirements of this subchapter, or is modified, suspended, or terminated by the Commission pursuant to §4.123 of this title (relating to Permit Modification, Suspension, and Termination).(c) A permit shall remain in effect while a renewal application that was filed in a timely manner is pending review and evaluation by the Commission.", "sourceNote": "Source Note: The provisions of this §4.121 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224105", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.122", "label": "Permit Renewals, Transfers, and Amendments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224106", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Compliance with rules in effect at the time of permit renewals, transfers, or amendments. To ensure compliance with the rules in effect at the time of a request to renew, transfer, or amend a permit, the Commission may review and revise permit conditions when it receives the request. When transitioning permits that were issued under §3.8 of this title (relating to Water Protection) prior to July 1, 2025 into permits that are issued under this subchapter, the Commission:(1) will not require the operator to relocate existing permitted waste management units to conform to new siting requirements;(2) will not require the operator to retrofit existing waste management units to conform to new standards if those waste management units are constructed and operating in compliance with their current permits;(3) may require the operator to add to or improve the groundwater water monitoring systems at existing facilities; and(4) may require the operator to combine all waste management units at a facility under one permit.(b) Permit renewal. Permits issued pursuant to this subchapter may be renewed in accordance with the following requirements.(1) The permittee shall file an application for a renewal permit at least 60 days before the expiration date specified in the permit. Bundling permit renewals with transfers and/or amendments is encouraged.(2) For any permit required to file financial security in accordance with §3.78 of this title (relating to Fees and Financial Security Requirements), the permittee shall file an updated closure cost estimate. The cost closure estimate shall include an estimate of the cost to conduct a NORM survey upon closure of the facility, as well as the cost to remove and dispose of NORM contaminated waste and the decontamination of associated tanks and equipment pursuant to Subchapter F of this chapter (relating to Oil and Gas NORM). The permittee shall conduct a NORM survey before the renewal is approved if a NORM survey has not been conducted within the last five years.(3) Permit renewal applications are subject to the notice requirements of §4.125 of this title (relating to Notice and Opportunity to Protest).(4) The Director may require additional information specific to the type of facility, facility location, and management operations occurring at the facility before approving the renewal.(5) The permit shall not be renewed unless the facility is compliant with Commission rules and permit conditions, as verified by a facility and records inspection.(6) Permit renewals will be issued for a maximum of five years from the date of issuance.(c) Permit transfer. Permits issued pursuant to this subchapter may be transferred in accordance with the following requirements. (1) A permittee may request to transfer a permit to a new operator by notifying the Director in writing at least 60 days before the transfer takes place. Bundling permit transfers with renewals and/or amendments is encouraged.(2) For any permit required to file financial security in accordance with §3.78 of this title, the transferee shall file a new closure cost estimate. The cost closure estimate shall include an estimate of the cost to conduct a NORM survey upon closure of the facility, as well as the cost to remove and dispose of NORM contaminated waste and the decontamination of associated tanks and equipment pursuant to Subchapter F of this chapter. The transferee shall conduct a NORM survey before the transfer is approved if a NORM survey has not been conducted within the last five years. The transferee shall file the required financial security in the approved amount with the Commission before the permit is transferred.(3) If the proposed transferee operator does not own the surface property, the transferee operator shall provide evidence of the proposed transferee's authority to operate the facility in accordance with §4.126(b) of this title (relating to Location and Real Property Information).(4) A request to transfer a commercial permit associated with a Form P-4 (Certificate of Compliance and Transportation Authority) shall be submitted on Form P-4. A request to transfer a commercial permit not associated with a Form P-4 shall be submitted in writing to the Director.(5) The Director may require additional information specific to the type of facility, facility location, and management operations occurring at the facility before approving the transfer.(6) The permit shall not be transferred unless the facility is compliant with Commission rules and permit conditions, as verified by a facility and records inspection.(7) Permit transfers will be issued through the current permitted expiration date and may be issued for a maximum of five years if combined with a permit amendment and/or permit renewal.(d) Permit amendment. Permits issued pursuant to this subchapter may be amended in accordance with the following requirements.(1) A permit amendment is required before a permittee may conduct any activities other than those activities specifically authorized by the permit.(2) The permittee shall file an application for amendment at least 90 days before the proposed new operations are scheduled to commence. Bundling permit amendments with transfers and/or renewals is encouraged. The application shall include the following information as applicable.(A) For pit permit amendments that change the pit construction, dimensions, or capacity, the permittee shall submit appropriate diagrams, cross-sections, and other supporting information.(B) For any permit required to file financial security in accordance with §3.78 of this title, if the amendments to the permit would increase the cost of closure, the permittee shall submit an updated closure cost estimate.(C) Permit amendment applications are subject to the notice requirements of §4.125 of this title (relating to Notice and Opportunity to Protest). However, the Director may reduce or waive notice requirements for amendments that reflect minimal impact to facility operations, waste management volumes, closure cost estimates, or potential for pollution to surface or subsurface waters. The Director shall establish criteria for a determination of minimal impact and the criteria shall be published on the Commission's website and in appropriate guidance documents.(D) The Director may request any additional information reasonably necessary to prevent pollution.(3) The Director may require additional information specific to the type of facility, facility location, and management operations occurring at the facility before approving the amendment.(4) The permit amendment shall not be approved unless the facility is compliant with Commission rules and permit conditions, as verified by a facility and records inspection.(5) Permit amendments will be issued through the current permitted expiration date and may be issued for a maximum of five years if combined with a permit transfer and/or permit renewal.", "sourceNote": "Source Note: The provisions of this §4.122 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224106", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.123", "label": "Permit Modification, Suspension, and Termination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224107", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit issued pursuant to this subchapter, or a permit issued pursuant to §3.8 of this title (relating to Water Protection) before July 1, 2025, may be modified, suspended, or terminated by the Commission for good cause after notice and opportunity for hearing.(b) A finding of any of the following facts shall constitute good cause:(1) pollution of surface or subsurface water is occurring or is likely to occur as a result of the permitted operations;(2) waste of oil, gas, or geothermal resources is occurring or is likely to occur as a result of the permitted operations;(3) continued operation of the facility presents an imminent danger to human health or property;(4) the permittee has violated the terms and conditions of the permit or Commission rules;(5) the permittee misrepresented any material fact during the permit issuance process;(6) a material change of conditions has occurred in the permitted operations;(7) the information provided in the application has changed materially; or(8) the permittee failed to give the notice required by the Commission during the permit issuance, amendment, or renewal process.", "sourceNote": "Source Note: The provisions of this §4.123 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224107", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.124", "label": "Requirements Applicable to All Permit Applications and Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise specified by rule, a permit application shall be filed with the Technical Permitting Section. The application shall be filed by mail, hand delivery, or by an electronic process approved by the Director. A permit application shall be considered filed with the Commission on the day it is date-stamped by the Commission's office in Austin.(b) The permit application shall contain information addressing each applicable application requirement and all information necessary to initiate the final review by the Technical Permitting Section, including all information required by this division and the applicable provisions of Divisions 5 through 9 of this subchapter, as described in §4.120 of this title (relating to General Requirements for All Permitted Operations).(c) When a Commission prescribed application form exists, either in paper or electronic form, an applicant shall apply on the prescribed form according to the form instructions. When a Commission prescribed application form does not exist, the permit application shall contain a signature, printed name, contact telephone number or email address, the date of signing, and the following certification: \"I certify that I am authorized to make this application, that this application was prepared by me or under my supervision and direction, and that the data and facts stated herein are true, correct, and complete to the best of my knowledge.\"(d) The permit application shall contain the following information for the applicant:(1) the applicant's organization name;(2) the applicant's organization report (P-5) number;(3) the applicant's physical address, and mailing address if different;(4) the name, telephone number, and email address of a contact person for the application, which can be someone within the applicant's organization or an agent;(5) the identifying name of the proposed facility; and(6) a general narrative description of the proposed management of oil and gas wastes at the facility.(e) The technical data in the permit application shall comply with the following requirements.(1) All geographic coordinates submitted to the Technical Permitting Section shall use the North American Datum (NAD) 83, in decimal degrees to six decimal places of longitude and latitude.(2) All maps, plans, and diagrams submitted to the Technical Permitting Section shall be drawn to scale and include a scale, north arrow, title block, and legend. Maps shall be of material suitable for a permanent record and shall be on sheets 8-1/2 inches by 11 inches or, alternatively, 8-1/2 inches by 14 inches or 11 inches by 17 inches folded to standard letter size.(3) All chemical laboratory analyses submitted to the Technical Permitting Section are required to be performed in accordance with the following.(A) All chemical laboratory analyses shall be conducted using appropriate EPA methods or standard methods by an independent National Environmental Laboratory Accreditation Program certified laboratory neither owned nor operated by the permittee. Any sample collected for chemical laboratory analysis shall be collected and preserved in a manner appropriate for that analytical method as specified in 40 Code of Federal Regulations (CFR) Part 136. All geotechnical testing shall be performed by a laboratory certified to conduct geotechnical testing according to the standards specified by ASTM and certified by a professional engineer licensed in Texas.(B) All chemical laboratory analytical results shall include the full laboratory analytical report and the corresponding chain of custody.(4) All NORM screening surveys submitted to the Technical Permitting Section shall be performed using a properly calibrated scintillation meter with a sodium iodide detector (or equivalent), with the results reported in microroentgens per hour. The manufacturer's specifications and relevant calibration records shall be submitted to the Technical Permitting Section for all devices used for NORM detection. All equipment, including piping, pumps, and vessels shall be surveyed. Readings shall be taken around the circumference of the pits and to the extent possible, over the pits. The ground surrounding the equipment and pits shall be surveyed in a systematic grid pattern. At a minimum, the following information shall be reported:(A) the date of the survey;(B) the instrument used and the last calibration date;(C) a background reading;(D) a facility diagram showing where all readings, including the background, were taken;(E) the readings (in microroentgens per hour); and(F) the full name of the person conducting the survey.(f) The application shall include a stormwater management plan that contains plans and diagrams to segregate, manage, and dispose of all contact stormwater and non-contact stormwater at the facility.", "sourceNote": "Source Note: The provisions of this §4.124 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.125", "label": "Notice and Opportunity to Protest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224109", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Applicants are encouraged to engage with their communities early in the waste facility planning process to inform the community of the plan to construct a facility and allow those who may be affected by the proposed activities to express their concerns. The purpose of the notice required by this section is to inform notice recipients:(1) that an applicant has filed a permit application with the Commission, seeking authorization to conduct an activity or operate a facility; and(2) of the requirements for filing a protest if an affected person seeks to protest the permit application.(b) Timing of notice. The applicant shall provide notice after staff determines that an application is complete pursuant to §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). The date notice is completed begins a 30-day period in which an affected person may file a protest of the application with the Commission.(c) Notice recipients. The applicant shall provide notice to:(1) the surface owners of the tract on which the facility will be located;(2) the surface owners of tracts adjacent to the tract on which the facility will be located;(3) the surface owners of tracts located within 500 feet of the facility's fence line or boundary, even if the surface owner's tract is not adjacent to the tract on which the facility is located;(4) the city clerk or other appropriate city official if any part of the tract on which the facility will be located lies within the municipal boundaries of the city;(5) the Commission's District Office; and(6) any other person or class of persons that the Director determines should receive notice of an application.(d) Method and contents of notice. Unless otherwise specified in this subchapter, the applicant shall provide direct notice to the persons specified in subsection (c) of this section as follows.(1) The applicant shall provide notice by registered or certified mail. Notice is completed upon deposit of the document postpaid and properly addressed to the person's last known address with the United States Postal Service. (2) The notice of the permit application shall consist of a complete copy of the application and any attachments. The copy shall be of the application and attachments after staff determines the application is complete pursuant to §1.201(b) of this title but before the final review is completed.(3) The notice shall include a letter that contains:(A) the name of the applicant;(B) the date of the notice;(C) the name of the surface owners of the tract on which the proposed facility will be located;(D) the location of the tract on which the proposed facility will be located including a legal description of the tract, latitude/longitude coordinates of the proposed facility, county, original survey, abstract number, and the direction and distance from the nearest municipality or community;(E) the types of fluid or waste to be managed at the facility;(F) a statement that an affected person may protest the application by filing a written protest with the Commission within 30 calendar days of the date notice is completed;(G) a statement that a protest shall include the protestant's name, mailing address, telephone number, and email address;(H) the address to which protests may be mailed or the location and instructions for electronic submittal of a protest if the Commission implements an electronic means for filing protests;(I) the definition of \"affected person\" pursuant to §4.110 of this title (relating to Definitions); and(J) the signature of the operator, or representative of the operator, and the date the letter was signed.(4) If the Director determines that the applicant, after diligent efforts, has been unable to ascertain the name and address of one or more persons required by this section to be notified, then the Director may authorize the applicant to notify such persons by publishing notice of the application in accordance with the procedure and contents required by §4.141 of this title (relating to Additional Notice Requirements for Commercial Facilities). The Director will consider the applicant to have made diligent efforts to ascertain the names and addresses of surface owners required to be notified if the applicant has examined the current county tax rolls and investigated other reliable and readily available sources of information.(e) Proof of notice.(1) After the applicant provides the notice required by this section, the applicant shall submit to the Commission proof of delivery of notice which shall consist of:(A) a copy of the signed and dated letters required by subsection (d)(3) of this section;(B) the registered or certified mail receipts; and(C) a map showing the property boundaries, surface owner names, and parcel numbers of all notified parties.(2) If the Director authorizes notice by publication in accordance with subsection (d)(4) of this section, the applicant shall provide the following as proof of notice:(A) an affidavit from the newspaper publisher that states the dates on which the notice was published and the county or counties in which the newspaper is of general circulation; and(B) the tear sheets for each published notice.(f) Protest process. Any statement of protest to an application must be filed with the Commission within 30 calendar days from the date notice is completed or from the last date of publication if notice by publication is authorized by the Director.(1) The Technical Permitting Section shall notify the applicant if the Commission receives an affected person's timely protest. A timely protest is a written protest date-stamped as received by the Commission within 30 calendar days of the date notice is completed or within 30 calendar days of the last date of publication, whichever is later.(2) The applicant shall have 30 days from the date of the Technical Permitting Section's notice of receipt of protest to respond, in writing, by either requesting a hearing or withdrawing the application. If the applicant fails to timely file a written response, the Technical Permitting Section shall consider the application to have been withdrawn.(3) The Technical Permitting Section shall refer all protested applications to the Hearings Division if a timely protest is received and the applicant requests a hearing.(4) The Commission shall provide notice of any hearing convened under this subsection to all affected persons and persons who have requested notice of the hearing.(5) If the Director has reason to believe that a person entitled to notice of an application has not received notice as required by this section, then the Technical Permitting Section shall not take action on the application until notice is provided to such person.(6) The Commission may issue a permit if no timely protests from affected persons are received.", "sourceNote": "Source Note: The provisions of this §4.125 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224109", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.126", "label": "Location and Real Property Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224110", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The permit application shall contain the following information for the facility:(1) the location of the proposed facility, including the physical address and geographic coordinates of the center of the facility; and(2) a description of the property on which the facility is located, including:(A) for each surface owner of the property, the application shall include the name, mailing address, and telephone number of each surface owner, or if any owner is not an individual, the name, mailing address, and telephone number of the contact person for that owner; and(B) a legal description of the property, including the survey name, abstract number, and size in acres.(b) A permit application shall include a statement regarding the authority by which the operator has the right to permit and operate the facility. Proper authority may include, but is not limited to:(1) ownership of the property where the proposed facility is located;(2) a leasehold interest in the oil and gas estate;(3) written consent of the surface owner; or(4) any other authority the Director determines is appropriate.(c) The application shall include a general location map which shows the facility including the items listed in paragraphs (1)-(7) of this subsection and any other pertinent information regarding the regulated facility and associated activities. Maps shall be on a scale of not less than one inch equals 2,000 feet unless the size of a smaller facility is not discernable at that scale. The map shall show the following:(1) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(2) the location of each regulated feature in decimal degrees to six decimal places of longitude and latitude;(3) a clear outline of the proposed facility's boundaries;(4) the distance to the nearest property line or public road;(5) the tracts of land adjacent to the facility requiring notice as prescribed by the Commission;(6) the name of the surface owners of such adjacent tracts; and(7) other information requested by the Director reasonably related to the prevention of pollution.", "sourceNote": "Source Note: The provisions of this §4.126 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224110", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.127", "label": "Engineering and Geologic Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application shall include descriptions of the following elements and specify the sources of information:(1) the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, permeability, and other pertinent characteristics;(2) the subsurface geology, including an assessment of the presence and characteristics of permeable and impermeable strata;(3) the subsurface hydrogeology, including the depth to the shallowest groundwater, an assessment of groundwater quality, the direction of groundwater flow, groundwater use in the area, and any major and minor aquifers (as defined by the Texas Water Development Board) in the facility area; and(4) any engineering, geological, or other information which the Director deems necessary to show that issuance of the permit will not result in the endangerment of human health and the environment, the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, or a threat to the public health or safety.(b) If information is not available to address subsection (a) of this section, a site investigation including soil boring, sampling, and analysis is required.(c) If otherwise required under Texas Occupations Code, Chapter 1001, relating to Texas Engineering Practice Act, or Chapter 1002, relating to Texas Geoscientists Practice Act, respectively, a professional engineer or geoscientist licensed in Texas shall conduct the geologic and hydrologic evaluations required under this section and shall affix the appropriate seal on the resulting reports of such evaluations.", "sourceNote": "Source Note: The provisions of this §4.127 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224111", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.128", "label": "Design and Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224112", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The following information shall be submitted with each permit application:(1) a facility diagram clearly showing the items listed in subparagraphs (A)-(G) of this paragraph and any other pertinent information regarding the facility and associated activities. Diagrams shall be on a scale that shows the entire facility and activities within the Commission's jurisdiction on a single page. The diagram shall show the following:(A) a clear outline of the proposed facility, areas where oil and gas waste will be managed, and property boundaries;(B) all wells, pits, areas where oil and gas waste will be managed, and any other activity under the jurisdiction of the Commission that may occur at the proposed facility;(C) the location of all tanks and equipment;(D) all berms, dikes, or secondary containment;(E) all fences, roads, and paved areas;(F) the shortest distance between the facility and waste management unit boundary to the nearest property line or public road; and(G) the location of any pipelines within the facility boundaries;(2) a description of the type and thickness of liners (e.g., fiberglass, steel, concrete), if any, for all tanks, silos, pits, and storage areas or cells;(3) for storage areas where tanks and/or liners are not used, credible engineering and/or geologic information demonstrating that tanks or liners are not necessary for the protection of surface and subsurface water;(4) a map view and two perpendicular cross-sectional views of pits and/or storage areas or cells to be constructed, showing the bottom, sides, and dikes and the dimensions of each; and(5) a plan to control and manage all stormwater runoff and to retain wastes during wet weather, including the location and dimensions of dikes and/or storage basins that would collect stormwater during a 25-year, 24-hour rainfall event, and all calculations made to determine the required capacity and design.(b) Design and construction requirements. All permittees shall comply with the following requirements.(1) The permittee shall post signs at each entrance to the facility. The sign shall be readily visible and show the operator's name, facility name, and permit number in letters and numerals at least three inches in height.(2) Dikes or containment structures shall be constructed around all areas managing oil and gas wastes. All earthen dikes surrounding pits and constructed as perimeter berms shall be compacted or constructed of material that meets 95% Standard Proctor (ASTM D698) or 90-92% Modified Proctor (ASTM D1557) density and meets a permeability of 1 x 10-7 cm/sec or less when compacted. During construction, successive lifts shall not exceed nine inches in thickness, and the surface between lifts shall be scarified to achieve a good seal. These structures shall be used to divert non-contact stormwater around the waste management unit and contain and isolate contact stormwater within the bermed area.(3) Secondary containment shall be provided for all above-ground storage tanks. Secondary containment for a minimum of 120% total storage capacity is recommended. Secondary containment that will contain the largest tank's maximum capacity plus two feet of freeboard and capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event is acceptable.(4) Contact stormwater shall be collected within 24 hours of accessibility and disposed of in an authorized manner.(5) The facility shall maintain security to prevent unauthorized access. Fencing shall be required unless terrain or vegetation prevents vehicle or livestock access except through entrances with lockable gates. Access shall be secured by (A) a 24-hour attendant; or (B) if not attended, a six-foot-high security fence and locked gate to prevent vehicle or livestock access. (6) All liner systems shall be installed and maintained in a manner that will prevent pollution and/or the escape of the contents of the pit.", "sourceNote": "Source Note: The provisions of this §4.128 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.129", "label": "Operation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224113", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. All permit applications shall include the following operating information:(1) a description of the sources and types of wastes to be received;(2) a description of plans for waste sampling and analysis; (3) a description of all waste management operations including receipt, handling, storage, treatment, recycling, reclamation, and disposal, and the location of each operation;(4) a description of how wastes will be transferred between waste management units within the facility;(5) a description of any operational limitations, including the maximum amount of oil field fluids or oil and gas wastes that will be stored in any area at one time less the volume required to maintain the required two feet of freeboard and the volume of precipitation from a 25-year, 24-hour rainfall event;(6) a description of plans to prevent, report, and control unauthorized access;(7) a list of all chemicals to be used and their associated safety data sheets;(8) plans for routine inspections, maintenance, and monitoring;(9) a description of plans to prevent, report, and control spills and leaks;(10) plans for controlling contact and non-contact stormwater runoff;(11) plans for managing incoming wastes during wet weather;(12) a description of plans for recordkeeping, including records of waste receipts and dispositions; and(13) safety data sheets for any chemical or component proposed to be used in the treatment of waste at the facility.(b) Operating requirements. Each facility shall be operated in accordance with the following requirements.(1) The permittee shall only accept waste it is permitted to receive. The permittee shall only accept waste transported and delivered by a Commission-permitted waste hauler permitted pursuant to Division 10 of this subchapter (relating to Requirements for Oil and Gas Waste Transportation).(2) No waste, treated or untreated, shall be placed directly on the ground.(3) All storage tanks, equipment, and on-site containment shall be maintained in a leak-free condition. If inspection of a tank, on-site containment, or storage vessel reveals deterioration or leaks, the tank, on-site containment, or storage vessels shall be repaired or replaced before resuming use.(4) Any spill of waste, chemical, or any other material shall be collected and containerized within 24 hours and processed through the treatment system or disposed of in an authorized manner.(5) Any chemical used in the treatment process shall be stored in vessels designed for the safe storage of the chemical and these vessels shall be maintained in a leak-free condition.(6) Any soil additives, stabilizers, bio-accelerators, or treatment chemicals shall be approved by the Director prior to use at the facility. Use of the chemical or component is contingent upon Director approval. All chemicals and components shall be stored according to the manufacturer's specifications.", "sourceNote": "Source Note: The provisions of this §4.129 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224113", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.130", "label": "Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224114", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The permittee shall maintain for a period of at least three years records of each Waste Profile Form and Waste Manifest described in §4.190 and §4.191 of this title (relating to Oil and Gas Waste Characterization and Documentation, and Oil and Gas Waste Manifests, respectively) that the permittee generated or received.(b) The permittee shall make all records required by this section available for review and/or copying upon request.(c) If a permit requires submittal of monthly, quarterly, semi-annual, or annual reports, the report shall be submitted on a form prescribed by the Commission. If a Commission prescribed report form does not exist, the report shall contain a signature, printed name, contact telephone number or email address, the date of signing, and the following certification: \"I certify that I am authorized to make this report, that this report was prepared by me or under my supervision and direction, and that the data and facts stated herein are true, correct, and complete to the best of my knowledge.\"(d) If a permit requires submittal of monthly, quarterly, semi-annual, or annual reports, the report shall be submitted in accordance with the following requirements. (1) If a permit requires quarterly reports, the quarterly reporting periods shall be January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each year.(2) If a permit requires quarterly, semi-annual, or annual reports, reports shall be made on a Commission-designated form or electronic filing system and submitted to the Technical Permitting Section and the Commission District Office no later than the 30th day of the month following each reporting period.(3) If a permit requires monthly reports, the report shall be made on a Commission-designated form or electronic filing system and submitted to Technical Permitting Section and the District Office no later than the 15th day of the month following each reporting period.(4) Reports may be filed with the Commission in paper form until one year after the date the Commission has the technological capability to receive electronic filings, at which time reports shall be filed electronically in a digital format acceptable to the Commission.", "sourceNote": "Source Note: The provisions of this §4.130 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224114", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.131", "label": "Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224115", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The following information shall be submitted with each permit application:(1) a plan and schedule for conducting periodic inspections, including plans to inspect pits, equipment, processing, and storage areas; and(2) a potentiometric contour map showing static water levels and the estimated direction of groundwater flow and the calculated gradient.(b) Groundwater monitoring requirements.(1) If shallow groundwater is present within 100 feet below ground surface, groundwater monitoring wells may be required for some facilities, including but not limited to: brine pits, disposal pits, reclamation plants, commercial waste separation facilities, commercial recycling facilities, and commercial landfarming or landtreating facilities. Factors that the Commission will consider in assessing whether groundwater monitoring is required include:(A) the volume and characteristics of the oil and gas waste to be managed at the facility;(B) depth to and quality of groundwater within 100 feet below ground surface; and(C) presence or absence of natural clay layers in subsurface soils.(2) If the Director requires the operator to install groundwater monitoring wells, the operator shall comply with the following. (A) The operator shall submit a plan for the installation, sampling, and analysis of monitoring wells at the facility. The plan shall include information on the monitor well drilling method. A mud rotary drilling method shall not be used unless the depth to water has been established.(B) The monitor wells shall be able to provide representative samples of groundwater underlying the site for the duration of facility operations. If a monitor well is not capable of providing a representative sample, the operator shall notify the Technical Permitting Section.(C) If groundwater is not observed during drilling of the monitor wells, the soil boring shall be advanced to 100 feet. Borings shall be left open for a minimum of 24 hours to determine if groundwater is present.(D) If shallow groundwater is present within 100 feet below ground surface at the site, a minimum of three groundwater monitoring wells shall be installed. Wells shall be spaced around the facility or pit, close to the facility operational area, with at least two wells on the estimated down-gradient side of the operational area. Additional wells may be required for larger facilities.(E) The monitor wells shall be completed by a certified water well driller in accordance with 16 Texas Administrative Code, Part 4, Chapter 76 (relating to Water Well Drillers and Water Well Pump Installers).(F) The monitor wells shall be completed to penetrate the shallowest groundwater zone, and the completion shall isolate that zone from any deeper groundwater zone.(G) The screened interval of the groundwater monitoring wells shall be designed to intercept at least five feet of groundwater.(H) The groundwater monitoring well screen shall extend above the static water level.(I) The sand pack size shall be compatible with the well screen slot size, as well as the local lithology.(J) The groundwater monitoring well heads shall be protected from damage by vehicles and heavy equipment.(K) The groundwater monitoring wells shall be maintained in good condition with a lockable watertight expansion cap.(L) After installation of the wells is complete, the applicant shall submit the following information:(i) a soil boring lithologic log for each well, with the soils described using the Unified Soil Classification System (equivalent to ASTM D 2487 and 2488). The log shall also include the method of drilling, well specifications, slot size, riser and screen length, bentonite and cement intervals, total depth, and the top of the first encountered water or saturated soils; and(ii) a survey elevation for each well head reference point (top of casing) relative to a real or arbitrary on-site benchmark and relative to mean sea level. Surveys shall be conducted by a licensed land surveyor.(3) The applicant shall submit any other information necessary to address each of the operating requirements detailed in paragraph (4) of this subsection.(4) If the Director requires the permittee to install groundwater monitoring wells, the permittee shall comply with the following requirements.(A) The facility shall not manage oil and gas wastes at the facility until the groundwater monitoring wells are installed, the permittee submits the initial sample results to Technical Permitting Section, and Technical Permitting Section informs the permittee, in writing, that it may commence active operations.(B) The permittee shall sample the wells after installation of the wells is complete and shall thereafter sample the wells in accordance with the schedule approved by the Technical Permitting Section, or as otherwise required by the Director.(C) The following measurements and analyses shall be reported to Technical Permitting Section after any sampling event no later than 15 days after the permittee receives the laboratory analysis results: the static water level, pH, and concentrations of benzene, toluene, ethylbenzene, and xylenes (BTEX), total petroleum hydrocarbons, total dissolved solids, soluble cations (calcium, magnesium, potassium, and sodium), and soluble anions (bromides, carbonates, chlorides, nitrates, and sulfates).(D) If any of the parameters identified in subparagraph (C) of this paragraph indicate pollution, or the potential failure of the liner system, the Commission may require additional monitoring events and/or may require analysis of additional parameters.", "sourceNote": "Source Note: The provisions of this §4.131 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224115", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.132", "label": "Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224116", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. A permit application shall include a detailed plan for closure when operations at the facility or pit terminate. The closure plan shall include a general plan to:(1) remove all wastes;(2) demolish and/or remove any liners;(3) remove dikes;(4) backfill any excavations and contour and reseed disturbed areas;(5) sample and analyze soil and, if applicable, groundwater throughout the facility;(6) if applicable, plug groundwater monitoring wells; and(7) have financial security released once post closure activities are completed and approved by the Technical Permitting Section.(b) Closure requirements. The permittee shall close the facility or pit in accordance with the following requirements.(1) The permittee shall notify the Technical Permitting Section and the District Office in writing at least 45 days prior to commencement of any closure operations.(2) The permittee shall submit a detailed closure plan to the Technical Permitting Section at least 30 days prior to commencement of any closure activity. The Technical Permitting Section must approve the detailed closure plan before the permittee may initiate closure operations. The permittee shall comply with the closure plan approved by the Technical Permitting Section. The closure plan shall include the following information:(A) the processing and removal of all wastes, chemicals, and waste-related materials from the facility for authorized reuse or disposal in an authorized manner;(B) the removal and salvage of all equipment, if possible, or disposal of all equipment in an authorized manner;(C) unless otherwise authorized, the cleaning and demolishment of all equipment and storage areas, including concrete pads, at the facility; and the disposal in an authorized manner of all rubble, wash-water, and rinsate;(D) the excavation, removal, and disposal of all contaminated soils from beneath the liners and concrete pads;(E) a soil sampling plan; and(F) if required by the Director, a post-closure monitoring plan.(3) Once the permittee has removed all waste, equipment, concrete pads, contaminated soil, and any other material in accordance with the closure plan, the permittee shall conduct soil sampling in accordance with the approved soil sampling plan. Soil samples shall be analyzed for the parameters in the permit and/or soil sampling plan and submitted to the Technical Permitting Section no later than 30 days after the permittee receives the laboratory results. The Technical Permitting Section may require the permittee to conduct additional closure operations if the soil sample results exceed the authorized limits and/or the Technical Permitting Section determines that additional remediation is required to prevent pollution caused or contributed to by operations at the facility.(4) The permittee shall grade the pits, on site storage tanks, on site storage areas, and any other facility location to prevent rainfall from collecting at these locations.(5) If the Director required a post-closure plan, the permittee shall conduct post-closure monitoring in accordance with the post-closure monitoring plan approved by Technical Permitting Section.", "sourceNote": "Source Note: The provisions of this §4.132 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.134", "label": "Application Review and Administrative Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224117", "queryAsDate": "03/11/2026" }, "ruleBody": "The Technical Permitting Section reviews applications submitted under this subchapter in accordance with §1.201 of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively).", "sourceNote": "Source Note: The provisions of this §4.134 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224117", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.135", "label": "Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224118", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant may request a hearing upon receipt of notice that:(1) the application has been denied by the Director;(2) the Director has determined the application to be administratively complete but a timely protest to the application has been received; or(3) the Director has determined that additional permit conditions are required to prevent pollution and the applicant disagrees with the Director's determination.(b) A request for hearing shall be made to the Technical Permitting Section within 30 days of the date of the notice of administrative denial or notice of a timely protest. If the Director receives a request for a hearing, the Director shall refer the matter to the Hearings Division for assignment of a hearings examiner who shall conduct the hearing in accordance with Chapter 1 of this title (relating to Practice and Procedure).", "sourceNote": "Source Note: The provisions of this §4.135 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224118", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.140", "label": "Additional Requirements for Commercial Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224119", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements of this division, all applicants for commercial facilities and permittees of commercial facility permits shall comply with Division 4 of this subchapter (relating to Requirements for All Permitted Waste Management Operations) and any other sections of this subchapter applicable to the applicant's or permittee's management of oil and gas wastes.(b) A facility authorized or permitted as a non-commercial facility prior to July 1, 2025 but that meets the definition of a commercial facility in §4.110 of this title (relating to Definitions) as of July 1, 2025 shall comply with the requirements of this division or request an exception on or before July 1, 2026.(c) A facility that meets the definition of a commercial facility in §4.110 of this title is considered a commercial facility under §3.78 of this title (relating to Fees and Financial Security Requirements), and therefore, an applicant for a commercial facility permit shall submit the financial security required by Texas Natural Resources Code §91.109 and §3.78 of this title for each permit renewal, amendment, and/or transfer.(d) A commercial facility shall not manage oil and gas waste or otherwise begin active operation until the required financial security is approved and accepted by the Commission.(e) Pursuant to §3.78 of this title, the amount of the financial security shall be the maximum dollar amount necessary to close the facility.(f) The full financial security shall be maintained:(1) until all post-closure activities are completed and approved by the Technical Permitting Section; and(2) while the facility has been referred to and remedial actions are being overseen by the Site Remediation Unit in the Oil and Gas Division.(g) To determine the maximum dollar amount necessary to close the facility, a professional engineer licensed in Texas shall prepare or supervise the preparation of a closure-cost estimate (CCE).(1) In addition to the assumptions and calculations specified in §3.78 of this title, the professional engineer shall make the following assumptions when determining the dollar amount necessary to close the facility.(A) The facility is in compliance with permit conditions.(B) The facility will be closed according to the permit or approved closure plan, including the sampling and analysis of soils to confirm compliance.(C) None of the operator's other equipment or facilities (e.g., disposal wells, pits, trucks, bulldozers, and employees) are available at the time of closure.(D) The facility is at maximum capacity. All tanks and pits are full of waste. Disposal pits are fully constructed.(E) Storage tanks and pits contain basic sediment and water in normal operating proportions, with a minimum volume of at least 10% basic sediment.(2) The CCE shall not include a salvage or no cost value for any material or equipment at the facility.(3) The CCE shall include costs for sampling and analysis of soil for the areas around each waste management unit, including tank batteries, pads, and former pits.(4) The CCE shall show unit costs for all material, equipment, services, and labor needed to close the facility. Units and fees used shall be appropriate for the type of waste material to be disposed of. For example, disposal units for saltwater shall be reported in oil barrels rather than gallons. Solids held within permitted containments shall be reported in cubic yards. The CCE shall be specific and shall state the source or basis for the specific unit cost, including the following:(A) the permitted waste hauler to be used and the hauler's mileage rate;(B) the distance that waste will be transported for disposal;(C) the name of each facility where waste will be taken and the disposal costs for that facility;(D) the source of any material being brought to the facility, such as clean fill material;(E) calculations for earth-moving equipment time and cost needed to move the fill dirt if fill dirt will be taken from the facility;(F) the total labor costs, including the titles and billing rates for personnel; and(G) the quantity of each unit cost item and how the total quantity was determined (for example, cubic yards of material divided by size of load equals total number of loads).(5) The CCE shall include maps and illustrations such as facility plans and photographs that show the current condition of the facility, and/or the condition of the facility upon reaching maximum permit conditions.(6) For facilities with groundwater monitoring wells, the CCE shall include costs to plug and abandon all monitoring wells.(7) For facilities that will require post-closure monitoring, the CCE shall include costs for a minimum of five years of well maintenance and monitoring. The length of monitoring shall be determined by the Director.(8) The CCE shall show all calculations used to arrive at total maximum closure costs.(9) For all estimates submitted for existing facilities, a NORM screening survey of the facility shall be submitted. NORM screening surveys shall be performed using a properly calibrated scintillation meter with a sodium iodide detector (or equivalent), with the results reported in microroentgens per hour. Manufacturer's specifications and relevant calibration records shall be submitted to Technical Permitting Section in Austin for all devices used for NORM detection. All equipment, including piping, pumps, and vessels shall be surveyed. Readings shall be taken around the circumference of the pits and to the extent possible, over the pits. The ground surrounding the equipment and pits shall be surveyed in a systematic grid pattern. At a minimum, the following information shall be reported:(A) the date of the survey;(B) the instrument used and the last calibration date;(C) a background reading;(D) a facility diagram showing where all readings, including the background, were taken; and(E) the readings (in microroentgens per hour).(10) If fill dirt will be excavated from the property to achieve closure, a restrictive covenant shall be submitted with the CCE. If the restrictive covenant requirements are not provided, the CCE shall assume that fill dirt is purchased from a commercial supplier. For a restrictive covenant, the following requirements shall be met whether the operator owns or leases the property:(A) The operator shall provide a letter from the property owner specifically stating that the owner agrees that the material, which is described with specificity as to location, type and amount consistent with what is in the closure plan, will be available for closure whether the operator or the state performs closure, and agreeing to a restrictive covenant that reserves use of the material for closure.(B) The operator shall submit an unsigned draft restrictive covenant on the form provided by the Commission. Once the Commission approves the closure cost and closure plan, the operator will be notified to submit a signed original of the restrictive covenant. The Commission will sign its portion of the restrictive covenant and return it to the operator for filing in the real property records of the county where the property is located. Once filed in the real property records, the operator shall provide the Commission with a certified copy.(C) If the facility operator leases the property, the operator shall provide to the Commission a copy of an amendment or addendum to the lease between the operator and the surface owner with a clause that specifically reserves use of material and states that the reservation shall inure to the Commission (as third-party beneficiary of this provision) if the Commission must initiate actions to close the facility.(D) The operator shall submit supporting documentation showing that the dimensions of the restrictive covenant area can realistically store a stockpile in the amount needed. If soil will be excavated from the restrictive covenant area rather than stockpiled, the depth of the excavation is limited to what can be graded to prevent stormwater from ponding in the excavated area.(11) After the CCE has been calculated, an additional 10% of that amount shall be added to the total amount of the CCE to cover contingencies.(h) A permit application for a commercial facility shall include a detailed plan for closure of the facility when operations terminate and include the required elements of §4.132 of this title (relating to Closure). The closure plan shall address how the applicant intends to:(1) remove waste, partially treated waste, and/or recyclable product from the facility;(2) close all pits, treatment equipment, and associated piping and other storage or waste processing equipment;(3) remove dikes and equipment;(4) contour and reseed disturbed areas;(5) sample and analyze soil and groundwater throughout the facility; and (6) plug groundwater monitoring wells.", "sourceNote": "Source Note: The provisions of this §4.140 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224119", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.141", "label": "Additional Notice Requirements for Commercial Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224120", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the notice requirements detailed in §4.125 of this title (relating to Notice and Opportunity to Protest), an applicant for a commercial facility permit shall also provide notice by publication.(b) The permit applicant shall publish notice of the application in a newspaper of general circulation in the county in which the proposed facility will be located at least once each week for two consecutive weeks, with the first publication occurring not earlier than the date staff determines that an application is complete pursuant to §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively) but before the final review is completed.(c) The published notice shall:(1) be entitled \"Notice of Application for Commercial Oil and Gas Waste Facility\" if the proposed facility is a commercial facility;(2) provide the date the applicant filed the application with the Commission;(3) identify the name of the applicant;(4) provide the location of the tract on which the proposed facility will be located including the legal description of the property, latitude/longitude coordinates of the proposed facility, county, name of the original survey and abstract number, and location and distance in relation to the nearest municipality or community;(5) identify the owner or owners of the property on which the proposed facility will be located;(6) identify the type of fluid or solid waste to be managed at the facility;(7) identify the proposed disposal, treatment, or storage method;(8) state that affected persons may protest the application by filing a protest with the Commission within 30 calendar days of the last date of publication;(9) include the definition of \"affected person\" pursuant to §4.110 of this title (relating to Definitions); and(10) provide the address to which protests shall be mailed. If the Commission implements an electronic means for filing protests, then the location to instructions for electronic submittal shall be included.(d) The applicant shall submit to the Commission proof that notice was published as required by this section. Proof of publication shall consist of:(1) an affidavit from the newspaper publisher that states the dates on which the notice was published and the county or counties in which the newspaper is of general circulation; and(2) the tear sheets for each published notice.", "sourceNote": "Source Note: The provisions of this §4.141 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224120", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.142", "label": "Operating Requirements Applicable to Commercial Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224121", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for commercial facility shall include a detailed waste acceptance plan to ensure that the waste received at the facility has been fully and correctly documented by the generator and carrier, and characterized by the generator, including supporting laboratory analysis if necessary, and to ensure that prohibited oil field fluids, prohibited oil and gas wastes, and/or non-jurisdictional wastes are not received at the facility.(b) The operator shall develop and maintain a site-specific spill control plan that details the processes in place to control and contain oil and gas waste in the event of a spill or release. The spill control plan shall be maintained on-site and made available to the Commission upon request.(c) The operator shall develop and maintain a stormwater management plan to prevent stormwater from running onto the facility, the unauthorized discharge of stormwater, or deleterious impacts of stormwater from the facility to adjoining properties. The stormwater management plan shall be maintained on-site and made available to the Commission upon request.", "sourceNote": "Source Note: The provisions of this §4.142 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224121", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.143", "label": "Design and Construction Requirements for Commercial Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224122", "queryAsDate": "03/11/2026" }, "ruleBody": "Prior to commencement of operations at a commercial facility, the permittee shall provide the Director with drawings documenting the as-built condition of the facility, including all equipment and waste management units.", "sourceNote": "Source Note: The provisions of this §4.143 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224122", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.150", "label": "Additional Requirements Applicable to Permitted Pits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224123", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements of this division, all permitted pits are required to comply with Division 4 of this subchapter (relating to Requirements for All Permitted Waste Management Operations). Commercial pits are also required to comply with Division 5 of this subchapter (relating to Additional Requirements for Commercial Facilities).(b) If at any time a pit no longer meets the requirements for authorized pits under §4.113 of this title (relating to Authorized Pits), the operator of the pit shall apply for a pit permit pursuant to the requirements of this division.(c) No person may use a pit without the express permission of the permittee. A person who uses a pit without the express permission of the permittee may be subject to legal enforcement action regardless of whether the person maintains an active Organization Report pursuant to §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements.)(d) Any person using or maintaining a pit without the required permit shall be immediately required to cease usage and close the pit in accordance with §4.154 of this title (relating to Closure of Permitted Pits). Any person using or maintaining a pit without the required permit may be subject to enforcement action regardless of whether the person maintains an active Organization Report pursuant to §3.1 of this title.(e) Permitted pits are subject to containment requirements to prevent pollution of surface or subsurface water and will be included as permit conditions at the sole discretion of the Commission.(f) In the event of an unauthorized release of oil and gas waste, treated fluid, or other substances from any pit permitted by this subchapter, the operator shall take any measures necessary to stop or control the release and report the release to the District Office within 24 hours.(g) Unless the Director approves a written request for an exception, no pit shall be located:(1) on a barrier island or a beach;(2) within 300 feet of surface water, including wetlands;(3) within 500 feet of any public water system well or intake;(4) within 300 feet of any domestic water well or irrigation water well, other than a well that supplies water for drilling or workover operations for which the pit is authorized; (5) within a 100-year flood plain; or(6) within 500 feet of a public area.(h) A minimum 50-foot buffer zone shall be maintained between the boundaries of the property and the outer edge or toe of the pit walls or berms.", "sourceNote": "Source Note: The provisions of this §4.150 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224123", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.151", "label": "Design and Construction of Permitted Pits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224124", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application.(1) Unless otherwise provided by permit, all permitted pits shall comply with the general construction requirements applicable to authorized pits in Division 3 of this subchapter (relating to Operations Authorized by Rule).(2) In addition to the information required by §4.128 of this title (relating to Design and Construction), the facility diagram submitted with the application shall include the following information:(A) the maximum length, width, and depth of the pit in feet;(B) the maximum depth of the pit below grade in feet;(C) the maximum and minimum height of walls or dikes above grade in feet;(D) the dimensions of the dikes including the width at the base, height, and slope;(E) the maximum volume of the pit in barrels and cubic yards;(F) the maximum volume of the pit minus the volume to maintain the required freeboard in barrels and cubic yards;(G) the volume of the pit below natural grade in barrels and cubic yards;(H) information on the pit liner type and thickness, installation methods, and manufacturer's specification sheets;(I) a plan view drawing of each pit, including all dimensions, and any trenches or structures used to separate and convey contact and non-contact stormwater;(J) two perpendicular, sectional views of each pit showing the bottom, sides, dikes, and natural grade, including all dimensions; and(K) the surface area and action leakage rate calculation for any pit with a leak detection system, that is prepared and sealed by a professional engineer licensed in Texas. The action leakage rate calculations shall include:(i) all assumptions and dimensions used;(ii) the size of the pump and pipes that will be used in the leak detection system; and(iii) calculations demonstrating that the system is designed to sufficiently withdraw and manage the expected leakage rate.(3) The permittee shall provide any other information necessary to address the operating requirements detailed in subsection (b) of this section.(b) Operating requirements.(1) Signage. The permittee shall post a sign at each permitted pit. The sign shall show the permit number in letters and numerals at least three inches in height.(2) Freeboard. Unless otherwise required by permit or rule, the permittee shall maintain all pits such that each pit maintains a freeboard of at least two feet plus the capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event.(3) Liners.(A) Equipment, machinery, waste, or other materials that could reasonably be expected to puncture, tear, or otherwise compromise the integrity of the liner shall not be used or placed in lined pits.(B) Unless the permit specifically provides otherwise, the liner for any permitted pit required to be lined shall comply with the general requirements for lining in Division 3 of this subchapter (relating to Operations Authorized by Rule), except that the thickness of a high-density polyethylene liner in a permitted pit shall be a minimum of 60 mil and, for any other type of synthetic liner, a minimum of 30 mil.(C) A brine pit permitted under this subchapter shall be constructed with a primary and secondary liner and a leak detection system.(4) Additional requirements as determined by Director. Any pit permits issued pursuant to this subchapter may contain additional requirements concerning design and construction including requirements relating to construction materials, dike or berm design, liner material, liner thickness, procedures for installing liners, overflow warning devices, leak detection devices, monitor wells, and fences that the Director determines are necessary to prevent pollution.", "sourceNote": "Source Note: The provisions of this §4.151 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224124", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.152", "label": "Monitoring of Permitted Pits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224125", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pit permit application shall include a monitoring plan that establishes a procedure for the permittee to routinely monitor the integrity of the liner of a pit. The permittee shall comply with this section by implementing one of the following monitoring methods.(1) The permittee shall empty the pit and conduct a visual inspection on an annual basis. The permittee shall photograph the interior of the pit and otherwise record each inspection. The permittee shall maintain the photographs and records from each inspection for the life of the pit and supply these records to the Commission upon request.(2) The permittee shall install a double liner and leak detection system between the primary and secondary liner. The leak detection system shall be monitored on a daily or weekly basis as specified in the permit to determine if the primary liner has failed.(3) The permittee may implement an alternative monitoring procedure if the permittee demonstrates that the alternative monitoring is at least as protective of surface and subsurface waters as the procedures outlined in paragraphs (1) and (2) of this subsection and if the alternative monitoring procedure is approved by the Director.(b) The permittee shall monitor all pits for liner failure in accordance with the monitoring plan approved by the Commission pursuant to subsection (a) of this section. The permittee shall consider the following when implementing the monitoring plan.(1) Failure of the primary liner in a double liner and leak detection system occurs if:(A) a volume of fluid is withdrawn from the leak detection system that is greater than the calculated action leakage rate, the standard action leakage rate of 1,000 gallons per acre per day (GPAD) for pits that manage fluid waste, or 100 gallons per acre per day (GPAD) for pits that manage solid oil and gas wastes;(B) any failure in the leak detection and return system or any component of the system occurs; or(C) any detected damage to or leakage from the secondary liner occurs.(2) The failure of a liner system may be indicated through results of groundwater monitoring.(3) If liner failure is discovered at any time, the permittee shall:(A) notify the Director and the District Director by phone or email within 24 hours of the failure; (B) coordinate subsequent response actions with the input and approval of the District Director; and(C) mitigate the potential for a release from the pit. (i) Except as provided in clause (ii) of this subparagraph, mitigation requires reducing the waste level to below the elevation of the liner failure and then repairing the liner. The permittee shall notify the District Director once the repair is complete. The District Director shall inspect the repair before the permittee may place the pit back in active operation.(ii) For disposal pits, waste should not be removed. The permittee shall take other appropriate steps to prevent release or pollution. Any steps must be approved by the District Director. The permittee shall notify the District Director once the mitigation steps and repairs are complete. The District Director shall inspect the pit before the permittee may place the pit back in active operation.", "sourceNote": "Source Note: The provisions of this §4.152\r\nadopted to be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224125", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.153", "label": "Commercial Disposal Pits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224126", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Siting.(1) An application for a pit at a commercial disposal facility shall include documentation of a good faith investigation of the 10-year flooding history of the property to determine whether the facility is located in a flood-prone area.(2) In addition to the requirements of §4.150 of this title (relating to Additional Requirements Applicable to Permitted Pits), a commercial disposal pit shall not be located in:(A) an area in which the disposal pit is not sufficiently isolated to prevent pollution of surface or subsurface waters;(B) a prohibited location defined in Division 11 of this subchapter (relating to Requirements for Surface Water Protection); or(C) any other location where there is an increased risk to surface or subsurface waters.(3) An application for a commercial disposal pit shall include information to demonstrate that the pit will not be located in an area prohibited under paragraph (2) of this subsection.(b) Design and construction. An application for a disposal pit permit shall include:(1) the dimensions of all disposal pits;(2) the locations and dimensions of all trenches used to separate and convey contact stormwater and non-contact stormwater;(3) the maximum waste elevations and final cover; and(4) details of the final cover anchor trench and final cover composition.(c) Closure. Unless otherwise required by permit or if the Director determines that such post-closure monitoring is necessary to prevent pollution, a post-closure monitoring period of no less than five years is required for any commercial disposal pit and any facility where a commercial disposal pit is located.", "sourceNote": "Source Note: The provisions of this §4.153 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224126", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.154", "label": "Closure of Permitted Pits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224127", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the requirements outlined in §4.132 of this title (relating to Closure), the permittee is required to comply with the following when operations at the pit terminate.(1) Unless otherwise required by permit, all pits shall be dewatered and emptied within 120 days of cessation of use.(2) After the soil sampling analysis has been approved by the Director, the pit shall be backfilled and compacted within 120 days.(3) Once backfilled, the pit shall be reseeded with vegetation natural to the geographic region to prevent erosion after pit closure. Use of treated produced water to establish a natural vegetative cover for the region requires prior approval from the Director pursuant to §4.184 or §4.185 of this title (relating to Permitted Recycling, and Pilot Programs, respectively).", "sourceNote": "Source Note: The provisions of this §4.154 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224127", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.160", "label": "Additional Requirements for Landfarming and Landtreating Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224128", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the requirements of this division, all applications for landfarming and landtreating permits and all permittees conducting landfarming or landtreating shall comply with Division 4 of this subchapter (relating to Requirements for All Permitted Waste Management Operations).", "sourceNote": "Source Note: The provisions of this §4.160 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224128", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.161", "label": "Design and Construction Requirements for Landfarming and Landtreating Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224129", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application for landfarming and landtreating permits.(1) The facility diagram submitted with the permit application shall include:(A) two perpendicular, sectional views of all landfarming cells to be constructed, showing the bottom, sides, and dikes or berms of the cell with dimensions indicated; and(B) the locations and dimensions of all areas where landfarming and landtreating will occur, dikes, well locations, fences, and access roads, taking into consideration the following restrictions:(i) a minimum 50-foot buffer zone shall be maintained between the boundaries of the property and the treatment cells, measured from the toe of the constructed berm to the property boundary; and(ii) a minimum 300-foot buffer zone shall be maintained between the toe of the constructed berms and any drainage features or surface waters.(2) The applicant shall submit information to demonstrate that the area has at least 20 inches of tillable soil that is suitable for the application, treatment, and disposal of oil and gas waste.(3) The applicant shall submit information sufficient for the Director to determine whether the proposed facility will pose a threat of pollution or a threat to public health or safety. The Director will consider the following factors when determining whether the proposed facility presents a threat of pollution or a threat to public health or safety:(A) the volume and characteristics of the oil and gas waste to be managed at the landfarming facility;(B) depth to and quality of the shallowest groundwater;(C) distance to the nearest property line or public road;(D) proximity to coastal natural resources, sensitive areas as defined by §4.110 of this title (relating to Definitions), water supplies, and/or public, domestic, or irrigation water wells; and(E) any other factors reasonably necessary to determine whether issuance of the permit will pose a threat of pollution or a threat to public health or safety.(b) Berm construction. All berms shall be constructed and maintained:(1) to fully enclose each landfarming cell area;(2) to a height of at least 36 inches above land surface with a slope no steeper than a one to three (vertical to horizontal) ratio on each side;(3) so that at least two feet of freeboard plus capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event is available; and(4) as otherwise required by the permit.(c) Reasons for denial. The Director shall deny an application for a landfarming or landtreating permit if the proposed facility location is:(1) within a 100-year flood plain;(2) within 300 feet of surface water bodies;(3) within 300 feet of domestic or irrigation water wells;(4) within 500 feet of public water system wells or intakes;(5) on unsuitable soils for depth or treatment of oil and gas waste;(6) within any other sensitive area as defined by §4.110 of this title; (7) within 500 feet of a public area; or(8) (8) non-compliant with Commission rules and permit conditions, as verified by a facility and records inspection.", "sourceNote": "Source Note: The provisions of this §4.161 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224129", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.162", "label": "Operating Requirements for Landfarming and Landtreating Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224130", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The applicant shall submit the following operating information with each application for landfarming permit:(1) the estimated chloride concentration of the waste to be accepted at the facility;(2) the procedure by which waste will be mixed into the soil;(3) waste to soil application rates;(4) the frequency of soil tilling;(5) the maximum depth to which waste will be tilled;(6) documentation on any soil amendments or microbes to be used;(7) plans for monitoring and testing the landfarming area, and other appropriate procedures to ensure the treatment of organic constituents and prevention of pollution;(8) the estimated duration of landfarming activities;(9) the total cumulative volume of waste, in barrels, to be landfarmed over the active life of the operation or active cells; and(10) the total cumulative height of waste, in inches, to be landfarmed over the active life of the operation or active cells.(b) Operating requirements. A landfarming or landtreating permittee shall comply with the following requirements.(1) Prior to waste application, the permittee shall thoroughly disk the entire landfarming or landtreating area and shall otherwise prepare the area by adding fertilizer, lime, and/or other agricultural chemicals, if needed.(2) A landfarming or landtreating permittee shall comply with the following waste application requirements.(A) The permittee shall apply the waste to each landfarming cell to prevent the pooling or migration of the waste outside of the approved landfarming cell and to prevent the waste from entering any watercourses or drainageways, including any drainage ditch, dry creek, flowing creek, river, or any other surface water.(B) The total cumulative volume of waste applied to any landfarming cell over its lifetime shall not exceed the permitted volume.(C) The permittee shall maintain freeboard of at least two feet plus capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event.(D) The permittee shall ensure that the waste is uniformly dispersed across the landfarming or landtreating area and the waste is fully and evenly incorporated into the top six inches of soil. The waste shall be mixed with the soil within 24 hours of waste application. Any active cell shall be disked once a month thereafter until the cell is closed in accordance with the permit.(E) The permittee is prohibited from applying waste to the cells during periods of rainfall.(3) Any standing or pooled rainwater or other liquid in a landfarming cell or within the perimeter berm shall be removed within 72 hours and disposed of in an authorized manner. Contact stormwater may be disked into a landfarming cell with prior written approval from the Director.(4) Land application of contact stormwater outside of a permitted landfarming cell is prohibited.(5) Any spills of waste or any other materials shall be promptly containerized and disposed of in an authorized manner.(6) Vehicle access into each cell shall be at a location where the stormwater surface flow cannot enter the treatment cells.", "sourceNote": "Source Note: The provisions of this §4.162 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224130", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.163", "label": "Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224131", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The operator shall monitor three soil zones in each landfarming cell at the following frequency:(1) the surface treatment zone from the ground surface to a depth of 12 inches below land surface shall be sampled and analyzed quarterly;(2) the waste treatment zone from 12 to 24 inches below land surface shall be sampled and analyzed quarterly; and(3) the compliance monitoring zone from 24 to 36 inches below land surface shall be sampled and analyzed annually.(b) The operator shall collect samples from each active cell as follows:(1) The District Office shall be notified by phone or email at least 48 hours prior to any sampling event.(2) Each active cell shall be divided into four-acre plots or other plot size as defined in the permit.(3) The applicant shall take at least one composite sample for each treatment zone in each plot by subdividing each plot into four equal-sized quadrants.(A) One composite sample of the surface treatment zone in each plot shall be made from four individual grab samples collected from the surface treatment zone of each quadrant.(B) One composite sample of the waste treatment zone in each plot shall be made from four individual grab samples collected from the waste treatment zone of each quadrant. (C) One composite sample of the compliance monitoring zone in each plot shall be made from four individual grab samples collected from the compliance monitoring zone of each quadrant.(c) The operator shall analyze samples from each active cell according to the analysis requirements specified in the permit.(d) If any composite sample exceeds any limitations specified by the permit or in the figure in this subsection, the operator shall remediate the parcel where the sample was collected as follows.(1) The plot shall be tilled.(2) The operator shall collect a composite sample from the four quadrants of the plot and re-analyze the sample for the parameter for which the limitations were exceeded.(3) The operator shall re-till and resample the plot no less than once per month until the sample analyses indicate that the parameter limitations are not exceeded.(4) If the parcel exceeds the limitation after six months of sampling, that plot is not authorized to accept additional waste until a sample analysis does not exceed the particular limitation. Attached Graphic(e) Documentation of the sampling and analysis shall be filed with the Technical Permitting Section and the District Office as part of the quarterly report required by the permit. A summary of the soil sampling required by the permit shall include:(1) a map drawn to scale with coordinates of the sampling locations;(2) a table indicating the results of the parameters sampled;(3) the date of sampling;(4) the approximate depth of the sample below land surface and corresponding zone; and(5) copies of the laboratory analytical reports and the corresponding chain of custody.", "sourceNote": "Source Note: The provisions of this §4.163 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224131", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.164", "label": "Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224132", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The permittee shall notify the Technical Permitting Section and the District Office in writing at least 45 days prior to commencing closure of any landfarming cell.(b) The permittee shall submit a detailed closure plan to the Technical Permitting Section. The Technical Permitting Section must approve the closure plan before the permittee may commence closure of any cell. The composite samples required by §4.163 of this title (relating to Monitoring) shall not exceed the limitations specified by permit before the Technical Permitting Section will approve closure of the cell.(c) Once the Technical Permitting Section approves closure of a cell, the permittee shall level any berms and grade the area in accordance with the following requirements.(1) All landfarming cells shall be graded and contoured to prevent rain from collecting or pooling at the former cell locations after closure; and(2) To the extent practicable, all landfarming cells shall be contoured to original grade and reseeded and/or revegetated with ground cover appropriate for the geographic region.", "sourceNote": "Source Note: The provisions of this §4.164 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224132", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.170", "label": "Additional Requirements for Reclamation Plants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224133", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) This section is applicable to reclamation of tank bottoms and other oil and gas wastes generated through activities associated with the exploration, development, and production (including transportation) of crude oil and other waste materials containing oil, as those activities are defined in §4.110 of this title (relating to Definitions).(2) Removal of tank bottoms or other oil and gas wastes from any producing lease tank, pipeline storage tank, or other production facility, for reclaiming by any person, is prohibited unless such person has either obtained a permit to operate a reclamation plant or is an authorized person. Applicants for a reclamation plant operating permit shall file the appropriate form with the Technical Permitting Section. For purposes of this division, an \"authorized person\" is a tank bottoms cleaner or transporter that is under contract for disposition of untreated tank bottoms or other oil and gas wastes to a person who has obtained a permit to operate a reclamation plant.(3) The removal of tank bottoms or other oil and gas wastes from any facility for which monthly reports are not filed with the Commission shall be authorized in writing by an Oil Movement Letter issued by the Director or District Director prior to such removal. A written request for such authorization shall be sent to the District Director, and shall detail the location, description, estimated volume, and specific origin of the material to be removed as well as the name of the reclaimer and intended destination of the material. If the authorization is denied, the applicant may request a hearing.(4) No person shall remove basic sediment from any producing lease tank, pipeline storage tank, or other production facility unless authorized to do so by a waste hauler permit pursuant to Division 10 of this subchapter (relating to Requirements for Oil and Gas Waste Transportation).(5) Unless expressly authorized by permit, no person shall reclaim basic sediment and waste without a reclamation plant permit.(6) A reclamation plant is a commercial facility and is subject to Division 5 of this subchapter (relating to Additional Requirements for Commercial Facilities).(7) Reclamation plant permits that were issued pursuant to §3.57 of this title (relating to Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials) before July 1, 2025 shall expire five years from July 1, 2025. Permits may be renewed pursuant to §4.122 of this title (relating to Permit Renewals, Transfers, and Amendments).(8) This section does not apply where basic sediment is recycled or processed on-site by the operator and returned to a tank or vessel at the same lease or facility.(9) This section does not apply to the recycling of drilling mud. This section does apply to unrefined hydrocarbons recovered from such mud that are sent to a permitted reclamation plant.(10) All reclamation plants shall be permitted. Satellite reclamation facilities, including waste storage facilities, are strictly prohibited.(b) Application.(1) In addition to the requirements of this division, all applicants for reclamation plant permits and permittees operating reclamation plants shall comply with the following:(A) Division 4 of this subchapter (relating to Requirements for all Permitted Waste Management Operations);(B) Division 5 of this subchapter (relating to Additional Requirements for Commercial Facilities); and(C) Division 6 of this subchapter (relating to Additional Requirements for Permitted Pits).(2) Each application for reclamation plant permit shall include:(A) a list of the waste types to be received;(B) a detailed description of the treatment process, equipment, and pits, storage, or on-site containment at the facility;(C) a description of the reclamation process rates and on-site storage capacity of waste and reclaimed material; and(D) the spill control plan for the facility.(3) Applicants for a reclamation plant permit shall file the application on the Commission-prescribed form or electronic system.", "sourceNote": "Source Note: The provisions of this §4.170 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224133", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.171", "label": "Standard Permit Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224134", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reclamation plant permits shall be issued for a term of not more than five years.(b) Reclamation plant permits may be renewed, transferred, or amended pursuant to §4.122 of this title (relating to Permit Renewals, Transfers, and Amendments). Reclamation plant permits are subject to the financial security requirements in §4.140 of this title (relating to Additional Requirements for Commercial Facilities) and may be subject to fees in accordance with §4.106 of this title (relating to Fees).(c) If the waste hauler transporting tank bottoms or other oil and gas wastes to the reclamation plant does not comply with Division 10 of this subchapter (relating to Requirements for Oil and Gas Waste Transportation), the reclamation plant permittee shall not accept the tank bottoms or other oil and gas wastes and shall report the violation to the District Office no later than 24 hours after the violation occurs.(d) The receipt of any tank bottoms or other oil and gas wastes from outside the state of Texas shall be submitted on monthly reports to the Commission.(e) The receipt of any waste materials other than tank bottoms or other oil and gas wastes shall be authorized in writing by the Commission prior to receipt. The Commission may require the reclamation plant operator to submit an analysis of the waste materials prior to a determination of whether to authorize receipt. If the request for authorization is denied, the applicant may request a hearing.(f) All wastes generated by reclaiming operations shall be disposed of in accordance with this subchapter, §3.9 of this title (relating to Disposal Wells), or §3.46 of this title (relating to Fluid Injection into Productive Reservoirs).(g) All reclamation facilities shall have in-person 24-hour security monitoring.(h) Reclamation plant permits shall include enforceable limits on the processing capacity of treatment equipment and the storage volumes of waste and reclaimed oil.", "sourceNote": "Source Note: The provisions of this §4.171 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224134", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.172", "label": "Minimum Permit Provisions for Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224135", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following provisions apply to any removal of tank bottoms or other oil and gas wastes from any oil producing lease tank, pipeline storage tank, or other production facility.(1) Tank bottoms and other oil and gas wastes shall be reclaimed using the methods authorized in the permit.(2) An authorized representative of the operator of a reclamation plant shall execute a manifest in accordance with §3.85 of this title (relating to Manifest To Accompany Each Transport of Liquid Hydrocarbons by Vehicle) upon each removal of tank bottoms or other oil and gas wastes from any oil producing lease tank, pipeline storage tank, or other production facility. In addition to the information required pursuant to §3.85 of this title, the operator of the reclamation plant or other authorized person shall also include on the manifest:(A) the Commission identification number of the lease or facility from which the material is removed; and(B) the gross and net volume of the material as determined by the required shakeout test.(3) The operator of the reclamation plant or other authorized person shall complete the manifest before leaving the lease or facility from which the liquid hydrocarbons are removed and shall retain a copy for three years.(4) The operator of the reclamation plant or other authorized person shall keep a copy of the manifest in the vehicle transporting the material.(b) The operator of a reclamation plant or other authorized person shall conduct a shakeout test on all tank bottoms or other oil and gas wastes upon removal from any producing lease tank, pipeline storage tank, or other production facility to determine the crude oil and/or lease hydrocarbon condensate content. The shakeout test shall be conducted in accordance with the most current API or ASTM method.(c) Pursuant to §4.190 of this title (relating to Oil and Gas Waste Characterization and Documentation), waste characterization and profiling shall be performed before the waste is accepted at the reclamation plant.", "sourceNote": "Source Note: The provisions of this §4.172 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224135", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.173", "label": "Minimum Permit Provisions for Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224136", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An operator of a reclamation plant shall file a monthly report documenting the volumetric throughput of waste and reclaimed hydrocarbons.(b) The Commission may establish a form or electronic system for filing monthly reports for reclamation plants.(c) For wastes taken to a reclamation plant the following provisions shall apply.(1) The net crude oil content or lease condensate from a producing lease's tank bottom as indicated by the shakeout test shall be used to calculate the amount of oil to be reported as a disposition on the monthly production report. The net amount of crude oil or lease condensate from tank bottoms taken from a pipeline facility shall be reported as a delivery on the monthly transporter report.(2) For other oil and gas wastes, the net crude oil content or lease condensate of the wastes removed from a tank, treater, firewall, pit, or other container at an active facility, including a pipeline facility, shall also be reported as a disposition or delivery from the facility.(d) The net crude oil content or lease condensate of any tank bottoms or other oil and gas wastes removed from an active facility, including a pipeline facility, and disposed of on site or delivered to a site other than a reclamation plant shall also be reported as a delivery or disposition from the facility. All such disposal shall be in accordance with this subchapter and §§3.9 and 3.46 of this title (relating to Disposal Wells; and Fluid Injection into Productive Reservoirs, respectively). Operators may be required to obtain a minor permit for such disposal pursuant to §4.182 of this title (relating to Minor Permits). Prior to approval of the minor permit, the Commission may require an analysis of the disposable material to be performed.", "sourceNote": "Source Note: The provisions of this §4.173 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224136", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.180", "label": "Activities Permitted as Miscellaneous Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224137", "queryAsDate": "03/11/2026" }, "ruleBody": "This division contains permit requirements for some activities not otherwise addressed in this subchapter. Unless otherwise specified in this division or by the Director, the requirements of Divisions 4 through 8 of this subchapter do not apply to activities permitted under this division.", "sourceNote": "Source Note: The provisions of this §4.180 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224137", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.181", "label": "Emergency Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224138", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the District Director determines that expeditious issuance of the permit will prevent or is likely to prevent the waste of oil, gas, or geothermal resources or the pollution of surface or subsurface water, the District Director may issue an emergency permit.(b) An application for an emergency permit to use or maintain a pit or to dispose of oil and gas wastes shall be filed with the District Office. Notice of the application is not required.(c) If warranted by the nature of the emergency, the District Director may issue an emergency permit based upon an oral application, or may orally authorize an activity before issuing a written permit authorizing that activity.(d) An emergency permit is valid for up to 30 days, but may be modified, suspended, or terminated by the District Director at any time for good cause.", "sourceNote": "Source Note: The provisions of this §4.181 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224138", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.182", "label": "Minor Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224139", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the District Director determines that an application is for a permit to store only a minor amount of oil field fluids or to store or dispose of only a minor amount of oil and gas waste, the District Director may issue a minor permit provided the permit does not authorize an activity which results in waste of oil, gas, or geothermal resources or pollution of surface or subsurface water.(b) An application for a minor permit shall be filed with the Commission in the District Office. Notice of the application shall be given as required by the District Director. The District Director may determine that notice of the application is not required.(c) A minor permit is valid for 60 days, but a minor permit which is issued without notice of the application may be modified, suspended, or terminated by the District Director at any time for good cause.", "sourceNote": "Source Note: The provisions of this §4.182 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.184", "label": "Permitted Recycling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224140", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For non-commercial recycling not otherwise authorized by this subchapter, the Director may authorize such recycling by permit. In determining appropriate permit conditions, the Director shall review the general permit requirements outlined in Division 4 of this subchapter (relating to Requirements for All Permitted Waste Management Operations) and determine which permit requirements, if any, are necessary to prevent pollution of surface and subsurface water. The Director shall consider the source of the waste, the anticipated constituents of concern, the volume of waste, the location, and the proposed reuse of the treated waste.(b) Commercial recycling shall be permitted in accordance with Subchapter B of this title (relating to Commercial Recycling).", "sourceNote": "Source Note: The provisions of this §4.184 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224140", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.185", "label": "Pilot Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224141", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For any recycling activities not otherwise authorized by rule or permit in this subchapter, an operator may propose a pilot program.(b) A pilot program is a program implemented to assess:(1) whether the recycled product can be reused in certain activities that are safe and protective of human health and the environment; (2) the efficiency and effectiveness of the recycling project; or(3) the appropriate regulatory requirements of a permitted recycling program.(c) If the Director finds that the proposed pilot program does not present a threat of pollution and encourages recycling of oil and gas wastes, the Commission may authorize a pilot program. The duration of the pilot program shall be sufficient to evaluate the pilot program objectives, which may include sufficient time to take an appropriate non-food based crop from seed through one complete growing cycle.(1) If the Commission determines that the proposed pilot program prevents pollution and promotes the beneficial reuse of oil and gas waste, the Commission may authorize the recycling by permit pursuant to §4.184 of this title (relating to Permitted Recycling).(2) If the Commission determines that more time is needed to fulfill the objectives of the pilot program, the Commission may extend the pilot program in increments of no more than one year.", "sourceNote": "Source Note: The provisions of this §4.185 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224141", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.190", "label": "Oil and Gas Waste Characterization and Documentation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224142", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The generator of oil and gas waste is responsible for characterizing and documenting the waste prior to transportation.(b) A generator of any waste subject to Commission jurisdiction shall document the waste characterization by completing and retaining a Waste Profile Form that documents the characteristics of each waste stream generated.(1) A Waste Profile Form shall be made available by the Commission or an operator may use its own form that includes at least the following information for each oil and gas waste stream:(A) the generator name and P-5 operator number, including the contact information of the person preparing the waste profile;(B) a generator-assigned identifier (name and/or number) specific to the generated waste;(C) a description of the waste, including physical and chemical characteristics and constituents;(D) the basis for the characterization, which shall be made in accordance with §4.102(a) of this title (relating to Responsibility for Oil and Gas Wastes); and(E) other information pertinent to characterization.(2) A generator may establish standard waste profiles for common types of oil and gas waste that are often found at oil and gas sites, such as spent water-based drilling mud, oil-based cuttings, oil-contaminated soil, domestic septage, and rubbish.(3) A generator of waste that chooses to dispose of or recycle such waste shall provide the Waste Profile Form to the waste hauler and receiver.(4) The receiver of the oil and gas waste shall include the waste profile information in the periodic reporting requirements as described in the facility permit conditions.", "sourceNote": "Source Note: The provisions of this §4.190 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224142", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.191", "label": "Oil and Gas Waste Manifests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224143", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Oil and gas waste that is transported by vehicle from the lease, unit, or other oil or gas property or facility where it is generated to an off-lease facility that manages oil and gas waste shall:(1) be accompanied by a paper manifest that meets the requirements of this section; or(2) be documented and tracked by an electronic manifest system that meets the requirements of this section and is accessible to the Commission and all parties involved in the management of the waste.(b) The Commission shall establish a standard oil and gas waste manifest that may be used in Texas, or operators may use their own forms provided they include at least the following information: (1) identity of the waste generator, including operator name, Commission-issued operator number, and detailed contact information; (2) identity of the property or facility where the oil and gas waste was generated, using Commission-issued identifiers including:(A) operator name and Commission-assigned operator number of the generator;(B) lease name and Commission-assigned lease number;(C) facility name and Commission-assigned number, or the latitude and longitude of the waste origin if a Commission-assigned identifier is not available; and(D) county name;(3) the corresponding waste profile identifier prepared by the generator as required in §4.190 of this title (relating to Oil and Gas Waste Characterization and Documentation);(4) identity of the facility to which the oil and gas waste is delivered including the identifier issued by the appropriate regulatory agency and detailed contact information for the facility;(5) transporter name and waste hauler permit number with driver signature;(6) type and volume of oil and gas waste transported;(7) date of shipment;(8) name and signature of generator; and(9) date of acceptance with waste receiver signature.(c) The generator of the oil and gas waste, the waste hauler, and the receiver shall keep for a period of three years from the date of shipment copies or electronic records of all manifests.(d) Oil and gas waste that is moved by pipeline is not required to be accompanied by a manifest but an operator of an oil and gas waste pipeline system is required to:(1) meter or document the fluid flow for mass balance into and out of the system;(2) maintain the metering or documentation records for three years; and(3) provide the records to the Commission upon request.(e) A commercial facility receiver that refuses to accept a load of waste that is not correctly characterized or manifested shall notify Technical Permitting immediately. The notification shall include information necessary to identify the waste hauler and generator, if available.", "sourceNote": "Source Note: The provisions of this §4.191 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224143", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.192", "label": "Trans-jurisdictional Waste Transfers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224144", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Section 3.30(e) of this title (relating to Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Commission on Environmental Quality (TCEQ)) provides a means by which certain RRC-jurisdictional waste may be managed at an appropriate TCEQ-regulated facility and by which certain TCEQ-jurisdictional waste may be managed at an appropriate RRC-regulated facility. Other statutes, rules, and permits may also authorize waste between jurisdictions.(b) Waste transfers across jurisdictional authorities must be reported to the Commission beginning December 31, 2026.(1) TCEQ-jurisdictional waste or waste from another jurisdiction being received by a Commission-regulated facility shall be reported as follows:(A) If the receiving facility is required by permit or rule to file a quarterly report with the Commission, then the quarterly report must identify and quantify the waste received from other jurisdictions. (B) If the receiving facility is not required by permit to file a quarterly report with the Commission, then the receiving facility shall file a monthly report within 30 days of the end of each calendar month in which non-jurisdictional waste was received. The monthly report shall summarize the identity and quantity of waste received from the other jurisdiction and shall include a copy of all waste manifests and waste characterization documentation.(2) RRC-jurisdictional waste that is transferred to be managed at a facility regulated by TCEQ or another authority shall be reported to the Commission by the generator of the waste within 30 days of the waste transfer and shall include a copy of all waste manifests and waste characterization documentation.(c) Beginning December 31, 2026, special waste authorization is required for all waste transfers that are not otherwise authorized by statute, rule, or permit. The generator of the waste is required to obtain the special waste authorization from the appropriate authorities. (d) The Commission shall create a Special Waste Authorization Form suitable for these purposes.", "sourceNote": "Source Note: The provisions of this §4.192 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224144", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.193", "label": "Oil and Gas Waste Haulers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224145", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prohibitions. A person who transports oil and gas waste for hire by any method other than by pipeline shall not haul or dispose of oil and gas waste off a lease, unit, or other oil or gas property where it is generated without a valid oil and gas waste hauler permit. A permittee under this division shall not gather oil, gas, or geothermal resources unless otherwise authorized by Commission rules. An oil and gas waste hauler shall not transport oil, gas, or geothermal resources in the same vehicle being used to transport oil and gas wastes other than volumes of skim oil normally present in produced water or other oil and gas wastes.(b) Exclusions.(1) Hauling of inert waste, asbestos-containing material regulated under the Clean Air Act (42 USC §§7401 et seq.), polychlorinated biphenyl (PCB) waste regulated under the Toxic Substances Control Act (15 USC §§2601 et seq), or hazardous oil and gas waste subject to regulation under §3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste) is excluded from this section.(2) Hauling of oil and gas NORM waste that is not exempt from Subchapter F of this title (relating to Oil and Gas NORM) and that exceeds the exemption criteria specified in 25 Texas Administrative Code §289.259(d)(1), (2), and (3) (relating to Licensing of Naturally Occurring Radioactive Material (NORM)), is excluded from this section.(c) Application. An application for an oil and gas waste hauler permit shall be made in an electronic system established by the Commission. The application shall include:(1) the permit application fee required by §3.78 of this title (relating to Fees and Financial Security Requirements);(2) vehicle identification information to support Commission issuance of an approved vehicle list;(3) an affidavit from the operator of each commission-permitted waste facility the hauler intends to use stating that the hauler has permission to use the waste facility system;(4) a certification by the hauler that the vehicles listed on the application are designed so that they will not leak during transportation. The certification shall include a statement that vehicles used to haul oil and gas waste are designed to transport oil and gas wastes and shall be operated and maintained to prevent the escape of oil and gas waste; and(5) any other information required by the Commission.(d) Permit term.(1) An oil and gas waste hauler permit may be issued for a term not to exceed one year.(2) A waste hauler permittee may not apply to renew a permit using the permittee's assigned permit number and by paying the fee required by §3.78 of this title until a minimum of 60 days before the expiration date specified in the permit.(3) A waste hauler permittee shall apply for a new waste hauler permit number if the permittee submits a renewal application more than six months after the expiration of its permit.(e) Permit conditions. Each oil and gas waste hauler shall operate in strict compliance with the instructions and conditions stated on the permit, which are restated as follows.(1) This permit, unless suspended or revoked for cause shown, shall remain valid until the expiration date specified in this permit.(2) Each vehicle used by a permittee shall be marked on both sides and the rear with the permittee's name and permit number in characters not less than three inches high. For the purposes of this permit, \"vehicle\" means any truck tank, trailer tank, tank car, vacuum truck, dump truck, garbage truck, or other container in which oil and gas waste will be hauled by the permittee.(3) Each vehicle shall carry a copy of the permit including those parts of the Commission-issued attachments listing approved vehicles. This permit authority is limited to those vehicles shown on the Commission-issued list of approved vehicles.(4) This permit is issued pursuant to the information furnished on the Commission-prescribed application form, and any change in conditions shall be reported to the Commission on an amended application form. The permit authority will be revised as required by the amended application.(5) This permit authority is limited to hauling, handling, and disposal of oil and gas waste.(6) This permit authorizes the permittee to use Commission-permitted waste facilities provided the waste facilities are permitted to receive the specific type of waste being hauled.(7) This permit also authorizes the permittee to use a waste facility operated under authority of a minor permit issued by the Commission.(8) This permit authorizes the permittee to transport hazardous oil and gas waste to any facility in accordance with the provisions of §3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste) provided the shipment is accompanied by a manifest that meets the requirements of §3.98(o) or (w) of this title as applicable.(9) This permit authorizes the transportation of non-hazardous oil and gas waste to a disposal facility permitted by another state agency, another state, or an agency of the federal government, provided the shipment is accompanied by a manifest, run ticket, or shipping paper and the person submits a copy of such manifest, run ticket, or shipping paper showing the information specified in §4.191 of this title (relating to Oil and Gas Waste Manifests) to the appropriate Commission District Office within 30 days of shipment.(10) Each vehicle shall be operated and maintained at all times in such a manner as to prevent spillage, leakage, or other escape of oil and gas waste during transportation on or off any facility regulated by the Commission. Vehicles used to haul oil and gas waste shall be designed to transport oil and gas wastes and shall be operated and maintained to prevent the escape of oil and gas waste.(11) Each vehicle shall be made available for inspection upon request by the Commission.", "sourceNote": "Source Note: The provisions of this §4.193 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224145", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.194", "label": "Recordkeeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224146", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Generators, waste haulers, and receivers shall keep all waste profiles, manifests, and other documentation for a period of at least three years. The person keeping any records required by this section shall make the records available to the Commission upon request.(b) Upon discovering any significant discrepancy in waste descriptions, volumes, place of origin, disposal locations or destinations, or other information based on personal observation or information contained in the manifest or electronic system, the receiver shall submit to the Commission, the generator, and the waste hauler a letter describing the discrepancy and a copy of the manifest or electronic system documentation.", "sourceNote": "Source Note: The provisions of this §4.194 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224146", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.195", "label": "Waste Originating Outside of Texas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224147", "queryAsDate": "03/11/2026" }, "ruleBody": "Oil and gas waste that is generated outside of Texas and transported into Texas by surface vehicle for management shall be accompanied by documentation including the name of the generator, the location of origin, and any operator and facility identifiers issued by the appropriate regulatory agency of that state to ensure the origin of the waste is accurately identified and possession of the waste is tracked.", "sourceNote": "Source Note: The provisions of this §4.195 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224147", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.196", "label": "Surface Water Pollution Prevention" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224148", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An operator shall not pollute the waters of the Texas offshore and adjacent estuarine zones (saltwater bearing bays, inlets, and estuaries) or damage aquatic life therein.(b) All activities under the jurisdiction of the Commission shall be conducted in such a manner to preclude the pollution of the waters of the Texas offshore and adjacent estuarine zones. The following procedures shall be utilized to prevent pollution.(1) No oil or other hydrocarbons in any form or combination with other materials or constituent shall be disposed of into the Texas offshore and adjacent estuarine zones.(2) All deck areas on drilling platforms, barges, workover unit, and associated equipment both floating and stationary subject to contamination shall be either curbed and connected by drain to a collecting tank, sump, or enclosed drilling slot in which the containment will be treated and disposed of without causing hazard or pollution; or else drip pans, or their equivalent, shall be placed under any equipment which might reasonably be considered a source from which pollutants may escape into surrounding water. These drip pans shall be piped to collecting tanks, sumps, or enclosed drilling slots to prevent overflow or prevent pollution of the surrounding water.(3) Solid wastes such as cans, bottles, any form of trash, or ashes of combustible waste shall be transported to shore in appropriate containers.(4) Drilling muds which contain oil shall be transported to shore or a designated area for disposal.(5) Fluids produced from offshore wells shall be mechanically contained in adequately pressure-controlled piping or vessels from producing well to disposition point. Oil and water separation facilities at offshore and onshore locations shall contain safeguards to prevent discharge of pollutants to the Texas offshore and adjacent estuarine zones.(6) Any person observing water pollution shall report such sighting, noting size, material, location, and current conditions to the ranking operating personnel. Immediate action shall be taken or notification made to eliminate further pollution. The operator shall then transmit the report to the appropriate Commission District Office.(7) Immediate corrective action shall be taken in all cases where pollution has occurred. An operator responsible for the pollution shall remove immediately such oil, oil field waste, or other pollution materials from the waters and the shoreline where it is found. Such removal operations will be at the expense of the responsible operator.(c) The Commission may suspend producing and/or drilling operations from any facility if the provisions of this rule are being violated.(d) The requirements of this section shall also apply to all oil, gas, or geothermal resource operations conducted on the inland and fresh waters of the State of Texas, such as lakes, rivers, and streams.", "sourceNote": "Source Note: The provisions of this §4.196 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224148", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "A", "label": "OIL AND GAS WASTE MANAGEMENT" }, "rule": { "number": "§4.197", "label": "Consistency with the Texas Coastal Management Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224322", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. The provisions of this section apply only to activities that occur in the coastal zone and that are subject to the Coastal Management Program (CMP) rules in 31 Texas Administrative Code Chapters 26 through 29.(1) Disposal of oil and gas waste in pits. The following provisions apply to oil and gas waste disposal pits located in the coastal zone.(A) No commercial oil and gas waste disposal pit constructed after October 25, 1995, shall be located in any coastal natural resources area (CNRA).(B) All oil and gas waste disposal pits shall be designed to prevent releases of pollutants that adversely affect coastal waters or critical areas.(2) Development in critical areas. The provisions of this paragraph apply to issuance under §401 of the federal Clean Water Act, United States Code, Title 33, §1341, of certifications of compliance with applicable water quality requirements for federal permits authorizing development affecting critical areas. Prior to issuing any such certification, the Commission shall confirm that the requirements of 31 Texas Administrative Code §26.23(a)(1) - (7) (relating to Policies for Development in Critical Areas) have been satisfied. The Commission shall coordinate its efforts under this section with those of other appropriate state and federal agencies.(3) Dredging and dredged material disposal and placement. The provisions of this section apply to issuance under §401 of the federal Clean Water Act, United States Code, Title 33, §1341, of certifications of compliance with applicable water quality requirements for federal permits authorizing dredging and dredged material disposal and placement in the coastal zone. Prior to issuing any such certification, the Commission shall confirm that the requirements of 31 Texas Administrative Code §26.25 (relating to Policies for Dredging and Dredged Material and Placement) have been satisfied.(b) Consistency determinations. The provisions of this subsection apply to issuance of determinations required under 31 Texas Administrative Code §29.30 (relating to Agency Consistency Determination) for the following actions listed in 31 Texas Administrative Code §29.11(a)(3) (relating to Actions and Rules Subject to the Coastal Management Program): permits to dispose of oil and gas waste in a pit; and certifications of compliance with applicable water quality requirements for federal permits for development in critical areas and dredging and dredged material disposal and placement in the coastal area.(1) The Commission shall issue consistency determinations under this subsection as an element of the permitting process for permits to dispose of oil and gas waste in a pit.(2) Prior to issuance of a permit or certification covered by this subsection, the Commission shall determine if the proposed activity will have a direct and significant adverse effect on any CNRA identified in the provisions of subsection (a) of this section that are applicable to such activity.(A) If the Commission determines that issuance of a permit or a certification covered by this subsection would not result in direct and significant adverse effects to any coastal natural resource area (CNRA) identified in the provisions of subsection (a) of this section that are applicable to the proposed activity, the Commission shall issue a written determination of no direct and significant adverse effect which shall read as follows: \"The Railroad Commission has reviewed this proposed action for consistency with the Coastal Management Program (CMP) goals and policies, and has found that the proposed action will not have a direct and significant adverse effect on any coastal natural resource area (CNRA) identified in the applicable policies.\"(B) If the Commission determines that issuance of a permit or certification covered by this paragraph would result in direct and significant adverse effects to a CNRA identified in the provisions of subsection (a) of this section that are applicable to the proposed activity, the Commission shall determine whether the proposed activity would meet the applicable requirements of subsection (a) of this section.(i) If the Commission determines that the proposed activity would meet the applicable requirements of subsection (a) of this section, the Commission shall issue a written consistency determination which shall read as follows: \"The Railroad Commission has reviewed this proposed action for consistency with the Texas Coastal Management Program (CMP) goals and policies, and has determined that the proposed action is consistent with the applicable CMP goals and policies.\"(ii) If the Commission determines that the proposed activity would not meet the applicable requirements of subsection (a) of this section, the Commission shall not issue the permit or certification.(c) Thresholds for referral. Any Commission action that is not identified in this subsection shall be deemed not to exceed thresholds for referral for purposes of the CMP rules. Pursuant to 31 Texas Administrative Code §29.32 (relating to Requirements for Referral of a Proposed Agency Action), the thresholds for referral of consistency determinations issued by the Commission are as follows:(1) for oil and gas waste disposal pits, any permit to construct a pit occupying five acres or more of any CNRA that has been mapped or that may be readily determined by a survey of the site;(2) for certification of federal permits for development in critical areas:(A) in the bays and estuaries between Pass Cavallo in Matagorda Bay and the border with the Republic of Mexico, any certification of a federal permit authorizing disturbance of:(i) ten acres or more of submerged aquatic vegetation or tidal sand or mud flats; or(ii) five acres or more of any other critical area; and(B) in all areas within the coastal zone other than the bays and estuaries between Pass Cavallo in Matagorda Bay and the border with the Republic of Mexico, any certification of a federal permit authorizing disturbance of five acres or more of any critical area; and(3) for certification of federal permits for dredging and dredged material disposal or placement, certification of a permit authorizing removal of more than 10,000 cubic yards of dredged material from a critical area.", "sourceNote": "Source Note: The provisions of this §4.197 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224322", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.201", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224323", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter establishes, for the purpose of protecting public health, public safety, and the environment within the scope of the Commission's statutory authority, the minimum permitting and operating standards and requirements for commercial recycling of wastes associated with activities governed by the Commission including those governed under: (1) Texas Natural Resources Code Title 3, Subtitle B;(2) Texas Natural Resources Code Title 3, Subtitle D, Chapters 121-123;(3) Texas Natural Resources Code Title 5;(4) Texas Health and Safety Code Chapter 382, Subchapter K; and(5) Texas Water Code Chapters 26, 27 and 29.(b) Other wastes described in subsection (a) of this section are included when this subchapter refers to oil and gas waste(s) and may be managed in accordance with the provisions of this subchapter at facilities authorized under this subchapter provided the wastes are nonhazardous and chemically and physically similar to oil and gas wastes.(c) No person conducting activities subject to this subchapter may cause or allow pollution of surface or subsurface water in the state.(d) The provisions of this subchapter do not supersede other Commission regulations relating to oil field fluids or oil and gas waste.", "sourceNote": "Source Note: The provisions of this §4.201 adopted to be\r\neffective December 4, 2006, 31 TexReg 9711; amended to be effective\r\nApril 15, 2013, 38 TexReg 2334; amended to be effective July 1, 2025,\r\n50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224323", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.202", "label": "Applicability and Exclusions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224324", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The provisions of this subchapter apply to the following categories of commercial recycling:(1) on-lease commercial recycling of solid oil and gas waste;(2) off-lease or centralized commercial solid oil and gas waste recycling;(3) stationary commercial solid oil and gas waste recycling; (4) off-lease commercial recycling of fluid; and(5) stationary commercial recycling of fluid.(b) The provisions of this subchapter do not apply to recycling methods authorized for certain wastes by Subchapter A of this chapter or §3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste).(c) The permitting provisions of this subchapter do not apply to the recycling of fluid received at a commercial disposal well operated pursuant to permit issued under §3.9 of this title (relating to Disposal Wells) or §3.46 of this title (relating to Fluid Injection into Productive Reservoirs). Such recycling is authorized by this subchapter provided:(1) the operator of the disposal well treats, or contracts with a person for the treatment of the fluid;(2) the operator of the disposal well is responsible for all activities, including the recycling, that occurs on the lease;(3) the operator has obtained the applicable permits for pits or waste management units at the lease;(4) the operator has obtained financial security in accordance with §3.78 of this title (relating to Fees and Financial Security Requirements);(5) the operator provides written notification to the District Office seven days before recycling operations are expected to begin and includes information on how fluids will be controlled and contained during recycling operations; and(6) the operator provides written notification to the District Office within seven days of concluding recycling operations.(d) The provisions of this subchapter are in addition to the permitting requirements of Subchapter A of this chapter, which requires a permit for any pit not specifically authorized in Division 3 of Subchapter A of this chapter.(e) The provisions of this subchapter do not authorize discharge of oil and gas waste.(f) The provisions of this subchapter do not apply to recycling facilities regulated by the Texas Commission on Environmental Quality or its predecessor or successor agencies, another state, or the federal government.(g) Permits issued pursuant to this subchapter prior to July 1, 2025, shall remain in effect pursuant to the rules in existence at the time the permits were issued and the requirements of the permits themselves, including the requirements for permit renewal. However, the Director may consider the operational, monitoring, and closure requirements on a case-by-case basis.", "sourceNote": "Source Note: The provisions of this §4.202 adopted to be\r\neffective December 4, 2006, 31 TexReg 9711; amended to be effective\r\nApril 15, 2013, 38 TexReg 2334; amended to be effective July 1, 2025,\r\n50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224324", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.203", "label": "Responsibility for Management of Waste to be Recycled" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224325", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Permit required. A person who operates a commercial recycling facility shall obtain a permit from the Commission under this subchapter before engaging in such operation.(b) Hauling of waste. A waste hauler transporting and delivering oil and gas waste for commercial recycling permitted pursuant to this subchapter shall be permitted by the Commission as an Oil and Gas Waste Hauler pursuant to §4.193 of this title (relating to Oil and Gas Waste Haulers).(c) Responsibility of generator and carrier. No generator or carrier may knowingly use the services of a commercial recycling facility unless the facility has a permit issued under this subchapter. A person who uses the services of a commercial recycling facility has a duty to determine that the commercial recycling facility has all permits required by statute or Commission rule.", "sourceNote": "Source Note: The provisions of this §4.203 adopted to be\r\neffective December 4, 2006, 31 TexReg 9711; amended to be effective\r\nApril 15, 2013, 38 TexReg 2334; amended to be effective July 1, 2025,\r\n50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224325", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.204", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224326", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless a word or term is defined differently in this section, the definitions in Subchapter A of this chapter, §3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste), and §4.603 of this title (relating to Definitions), shall apply in this subchapter. In addition, the following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise:(1) Adjoining--Every tract of property surrounding the tract of property upon which the activity sought to be permitted will occur, including those tracts that meet only at a corner point.(2) Administratively complete--A complete application that the Director has determined meets all the administrative and technical requirements of the subchapter such that a permit shall be issued administratively or, if the application was protested, that the application will be referred to the Hearings Division.(3) Berm (or dike)--A manmade barrier surrounding a pit, waste management unit, or facility, that is designed, constructed, and maintained to segregate materials, including waste and stormwater runoff, inside and outside of a pit, waste management unit, or facility.(4) Commercial recycling facility--A facility whose owner or operator receives compensation from others for the storage, handling, treatment, and recycling of oil and gas wastes and the primary business purpose of the facility is to provide these services for compensation, whether from the generator of the waste, another receiver, or the purchaser of the recyclable product produced at the facility. The term includes recycling of solid oil and gas wastes on or off lease. (5) Complete application--An application that contains information addressing each application requirement of the subchapter and all information necessary to initiate the final review by the Director.(6) EPA Method 1312, Synthetic Precipitation Leaching Procedure (SPLP)--An analytical method used to evaluate the potential for leaching of metals and/or benzene into surface and subsurface water.(7) Legitimate commercial product--A product of a type customarily sold to the general public for a specific use and for which there is a demonstrated commercial market.(8) Legitimate commercial use--Use or reuse of a recyclable product as authorized or defined in a permit issued pursuant to this subchapter:(A) as an effective substitute for a commercial product or as an ingredient to make a commercial product; or(B) as a replacement for a product or material that otherwise would have been purchased; and(C) in a manner that does not constitute disposal.(9) Louisiana Department of Natural Resources Leachate Test Method--An analytical method designed to simulate water leach effects on treated oil and gas wastes included in \"Laboratory Manual for the Analysis of E&P Waste,\" Louisiana Department of Natural Resources, May 2005.(10) Off-lease or centralized commercial solid oil and gas waste recycling facility--A commercial recycling facility that is capable of being moved from one location to another, but which is generally in operation in one location for a period of time longer than one year, but less than two years that shall recycle solid oil and gas waste.(11) Off-lease commercial fluid recycling facility--A commercial recycling facility that is capable of being moved from one location to another, but which is generally in operation in one location for a period of time longer than one year, but less than two years that shall recycle wellbore fluid produced from an oil or gas well, including produced formation fluid, workover fluid, and completion fluid, including fluids produced from the hydraulic fracturing process.(12) On-lease commercial solid oil and gas waste recycling--Commercial recycling performed on an oil or gas lease or well site using equipment that moves from one location to another, at which all materials and wastes are stored in authorized pits and/or tanks, and restricted in the:(A) amount of time, generally less than one year, operations occur at any one location;(B) volume and source of the waste that may be processed at any one location;(C) the type and characteristics of the waste; and(D) size of the area used for recycling.(13) Stationary commercial recycling facility--A commercial recycling facility in an immobile, fixed location for a period of greater than two years that recycles solid oil and gas waste or wellbore fluid produced from an oil or gas well, including produced formation fluid, workover fluid, and completion fluid, including fluids produced from the hydraulic fracturing process.(14) Treatment--The process of reconditioning oil and gas waste to a reusable form.(15) Treatment of drill cuttings--A manufacturing, mechanical, thermal, or chemical process other than sizing, shaping, diluting, or sorting.", "sourceNote": "Source Note: The provisions of this §4.204 adopted\r\nto be effective December 4, 2006, 31 TexReg 9711; amended to be effective\r\nFebruary 3, 2011, 36 TexReg 410; amended to be effective April 15,\r\n2013, 38 TexReg 2334; amended to be effective July 1, 2025, 50 TexReg\r\n33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224326", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.205", "label": "Exceptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224327", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except for the requirements related to financial security found in §§4.239(b), 4.255(b), 4.271(b), and 4.287(b) of this title; the notice requirements found in §§4.238, 4.254, 4.270, and 4.286 of this title; and the requirements related to sampling and analysis found in §§4.221, 4.222, 4.223, 4.242, 4.243, 4.258, 4.259, 4.274, 4.275, 4.290, and 4.291 of this title, an applicant or permittee may request an exception to the provisions of this subchapter by submitting to the Director a written request and demonstrating that the requested alternative is at least equivalent in the protection of public health and safety, and the environment, as the provision of this subchapter to which the exception is requested.(b) Each application for an exception to a rule in this subchapter shall be accompanied by the exception fee and surcharge required by §3.78(b)(4) and (n) of this title (relating to Fees and Financial Security Requirements).(c) The Director shall review each written request on a case-by-case basis.(1) If the Director determines that a request for an exception to a rule in Divisions 5 or 6 of this subchapter (relating to Requirements for Off-Lease Commercial Recycling of Fluid, and Requirements for Stationary Commercial Recycling of Fluid, respectively) is substantially similar to previous exceptions approved by the Commission, the Director shall approve the requested exception.(2) If the Director denies a request for an exception, the applicant or permittee may request a hearing consistent with the hearing provisions of this subchapter relating to hearings requests but shall not use the requested alternative until the alternative is approved by the Commission.", "sourceNote": "Source Note: The provisions of this §4.205 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224327", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.206", "label": "Administrative Decision on Permit Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224328", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Commission does not receive a protest to an application submitted under this subchapter, the Director may administratively approve the application if the application otherwise complies with the requirements of this subchapter.(b) The Director may administratively deny the application if it does not meet the requirements of this subchapter or other laws, rules, or orders of the Commission. The Director shall provide the applicant written notice of the basis for administrative denial.(c) The applicant may request a hearing upon receipt of notice of administrative denial. A request for hearing shall be made to the Director within 30 days of the date on the notice of administrative denial. If the Director receives a request for a hearing, the Director shall refer the matter to the Docket Services Section of the Hearings Division for assignment of a hearings examiner who shall conduct the hearing in accordance with Chapter 1 of this title (relating to Practice and Procedure).", "sourceNote": "Source Note: The provisions of this §4.206 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224328", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.207", "label": "Protests and Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224329", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a person who receives notice or other affected person files a proper protest with the Technical Permitting Section, the Director shall give the applicant written notice of the protest and of the applicant's right to either request a hearing on the application or withdraw the application. The applicant shall have 30 days from the date of the Director's notice to respond, in writing, by either requesting a hearing or withdrawing the application. In the absence of a timely written response from the applicant, the Director shall consider the application to have been withdrawn.(b) Even if there is no protest filed, the Director may refer an application to a hearing if the Director determines that a hearing is in the public interest. In determining whether a hearing is in the public interest, the Director will consider the characteristics and volume of oil and gas waste to be managed at the facility; the potential risk posed to surface and subsurface water; and any other factor identified in this subchapter relating to siting, construction, and operation of the facility.(c) Before a hearing on a permit application for a commercial recycling facility, the Commission shall provide notice of the hearing to all affected persons, and other persons or governmental entities who express, in writing, an interest in the application.", "sourceNote": "Source Note: The provisions of this §4.207 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224329", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.208", "label": "General Standards for Permit Issuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224330", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for a commercial recycling facility issued pursuant to this subchapter shall provide that the facility shall only receive, store, handle, treat, or recycle waste:(1) under the jurisdiction of the Commission;(2) that is not a hazardous waste as defined by the administrator of the Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended (42 United States Code, §6901, et seq.); and(3) that is not oil and gas naturally occurring radioactive (NORM) waste as defined in §4.603 of this title (relating to Definitions).(b) A permit issued pursuant to this subchapter may be issued only if the Director or the Commission determines that:(1) the storage, handling, treatment, and/or recycling of oil and gas wastes and other substances and materials will not result in the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, a threat to public health and safety; and(2) the recyclable product can meet engineering and environmental standards the Commission establishes in the permit or in this subchapter for its intended use.(c) All chemical laboratory analyses shall be performed using appropriate Environmental Protection Agency methods or standard methods by an independent National Environmental Laboratory Accreditation Program certified laboratory neither owned nor operated by the permittee. Any sample collected for chemical laboratory analysis shall be collected and preserved in a manner appropriate for that analytical method as specified in 40 Code of Federal Regulations (CFR) Part 136. All geotechnical testing shall be performed by a laboratory certified to conduct geotechnical testing according to the standards specified by the ASTM International (ASTM) and certified by a professional engineer licensed in Texas.", "sourceNote": "Source Note: The provisions of this §4.208 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224330", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.209", "label": "Permit Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161476", "queryAsDate": "03/11/2026" }, "ruleBody": "Permits issued pursuant to this subchapter may be renewed, but are not transferable to another operator without the written approval of the Director.", "sourceNote": "Source Note: The provisions of this §4.209 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161476", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.210", "label": "Modification, Suspension, and Termination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224331", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit granted pursuant to this subchapter may be modified, suspended, or terminated by the Commission for good cause after notice and opportunity for hearing. A finding of any of the following facts shall constitute good cause: (1) pollution of surface or subsurface water is occurring or is likely to occur as a result of the permitted operations; (2) waste of oil, gas, or geothermal resources is occurring or is likely to occur as a result of the permitted operations; (3) the permittee has violated the terms and conditions of the permit or Commission rules; (4) the permittee misrepresented any material fact during the permit issuance process; (5) a material change of conditions has occurred in the permitted operations; (6) the information provided in the application has changed materially; or (7) the permittee failed to give the notice required by the Commission during the permit issuance or renewal process.", "sourceNote": "Source Note: The provisions of this §4.210 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334" }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224331", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.211", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224312", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging operators to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective component of the enforcement process. Deterrence of violations through penalty assessments is also a necessary and effective component of the enforcement process. A rule-based enforcement penalty guideline to evaluate and rank oil- and natural gas-related violations is consistent with the central goal of the Commission's enforcement efforts to promote compliance. Penalty guidelines set forth in this section will provide a framework for more uniform and equitable assessment of penalties throughout the state, while also enhancing the integrity of the Commission's enforcement program.(b) Only guidelines. This section complies with the requirements of Texas Natural Resources Code §81.0531 and §91.101, which provide the Commission with the authority to adopt rules, enforce rules, and issue permits relating to the prevention of pollution. The penalty amounts shown in the tables in this section are provided solely as guidelines to be considered by the Commission in determining the amount of administrative penalties for violations of provisions of Texas Natural Resources Code, Title 3; Texas Water Code, Chapters 26, 27, and 29, that are administered and enforced by the Commission; or the provisions of a rule adopted or order, license, permit, or certificate issued under Texas Natural Resources Code, Title 3, or Texas Water Code, Chapters 26, 27, and 29. This rule does not contemplate automatic enforcement without cause. Operators may correct violations at a facility with approval of Commission staff before being referred to legal enforcement.(c) Commission authority. The establishment of these penalty guidelines shall in no way limit the Commission's authority and discretion to cite violations and assess administrative penalties. The guideline minimum penalties listed in this section are for the most common violations cited; however, this is neither an exclusive nor an exhaustive list of violations that the Commission may cite. The Commission retains full authority and discretion to cite violations of Texas Natural Resources Code, Title 3; including Nat. Res. Code §91.101, which provides the Commission with the authority to adopt rules, enforce rules, and issue permits relating to the prevention of pollution; the provisions of Texas Water Code, Chapters 26, 27, and 29, that are administered and enforced by the Commission; and the provisions of a rule adopted or an order, license, permit, or certificate issued under Texas Natural Resources Code, Title 3, or Texas Water Code, Chapters 26, 27, and 29, and to assess administrative penalties in any amount up to the statutory maximum when warranted by the facts in any case, regardless of inclusion in or omission from this section.(d) Factors considered. The amount of any penalty requested, recommended, or finally assessed in an enforcement action will be determined on an individual case-by-case basis for each violation, taking into consideration the following factors:(1) the facility's history of previous violations;(2) the operator's history of previous violations;(3) the seriousness of the violation;(4) any hazard to the health or safety of the public; and(5) the demonstrated good faith of the operator charged.(e) Typical penalties. Regardless of the method by which the guideline typical penalty amount is calculated, the total penalty amount will be within the statutory limit. A guideline of typical penalties for violations of Texas Natural Resources Code, Title 3; the provisions of Texas Water Code, Chapters 26, 27, and 29, that are administered and enforced by the Commission; and the provisions of a rule adopted or an order, license, permit, or certificate issued under Texas Natural Resources Code, Title 3, or Texas Water Code, Chapters 26, 27, and 29, are set forth in Table 1. Attached Graphic(f) Penalty enhancements for certain violations. For violations that involve threatened or actual pollution; result in threatened or actual safety hazards; or result from the reckless or intentional conduct of the operator charged, the Commission may assess an enhancement of the guideline penalty amount. The enhancement may be in any amount in the range shown for each type of violation as shown in Table 2. Attached Graphic(g) Penalty enhancements for certain violators. For violations in which the operator charged has a history of prior violations within seven years of the current enforcement action at any facility regulated by the Commission, the Commission may assess an enhancement based on either the number of prior violations or the total amount of previous administrative penalties, but not both. The actual amount of any penalty enhancement will be determined on an individual case-by-case basis for each violation. The guidelines in Tables 3 and 4 are intended to be used separately. Either guideline may be used where applicable, but not both.Attached GraphicAttached Graphic(h) Penalty reduction for accelerated settlement before hearing. The recommended monetary penalty for a violation may be reduced by up to 50% if the operator charged agrees to an accelerated settlement before the Commission conducts an administrative hearing to prosecute a violation. Once the hearing is convened, the opportunity for the operator charged to reduce the basic monetary penalty is no longer available. The reduction applies to the basic penalty amount requested and not to any requested enhancements.(i) Demonstrated good faith. In determining the total amount of any monetary penalty requested, recommended, or finally assessed in an enforcement action, the Commission may consider, on an individual case-by-case basis for each violation, the demonstrated good faith of the operator charged. Demonstrated good faith includes, but is not limited to, actions taken by the operator charged before the filing of an enforcement action to remedy, in whole or in part, a violation or to mitigate the consequences of a violation.(j) Penalty calculation worksheet. The penalty calculation worksheet shown in Table 5 lists the guideline minimum penalty amounts for certain violations; the circumstances justifying enhancements of a penalty and the amount of the enhancement; and the circumstances justifying a reduction in a penalty and the amount of the reduction.Attached Graphic", "sourceNote": "Source Note: The provisions of this §4.211 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224312", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.212", "label": "General Permit Application Requirements for On-Lease Commercial Solid Oil and Gas Waste Recycling Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224313", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for a permit for on-lease solid oil and gas waste commercial recycling shall be filed on a Commission prescribed form with the Technical Permitting Section, and on the same day the applicant shall mail or deliver a copy of the application to the Commission District Office for the county in which the facility is to be located. The Technical Permitting Section shall not begin final review of an application unless the Director has determined that the application is complete in accordance with §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). (b) The permit application shall contain the applicant's name; organizational report number; physical office address and, if different, mailing address; telephone number; and the name of a contact person.(c) The permit application shall contain information addressing each applicable application requirement of this division and all information necessary to initiate the final review by the Director. The Director shall neither administratively approve an application nor refer an application to hearing unless the Director has determined that the application is administratively complete. If the Director determines that an application is incomplete, the Director shall notify the applicant in writing and shall describe the specific information required to complete the application. An applicant may make no more than two supplemental filings to complete an application. After the second supplemental submission, if the application is complete, the Director shall either approve or deny the application. If the application is still incomplete after the second supplemental submission, the Director shall administratively deny the application. The Director shall notify the applicant in writing of the administrative decision and, in the case of an administrative denial, the applicant's right to request a hearing on the application as it stands at the time of administrative denial.(d) The permit application shall contain the following certification signed and dated by an authorized representative of the applicant: \"I certify that I am authorized to make this application, that this application was prepared by me or under my supervision and direction, and that the data and facts stated herein are true, correct, and complete to the best of my knowledge.\"(e) A person shall file electronically any form or application for which the Commission has provided an electronic version or an electronic filing system or by hard copy if no digital format acceptable to the Commission has been enacted. The operator or person shall comply with all requirements, including but not limited to fees and security procedures, for electronic filing.", "sourceNote": "Source Note: The provisions of this §4.212 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224313", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.213", "label": "Minimum Engineering and Geologic Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224314", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Director may require a permit applicant for on-lease commercial solid oil and gas waste recycling to provide the Commission with engineering or other information which the Director deems necessary to show that issuance of the permit will not result in the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, or a threat to the public health or safety.(b) Engineering and geologic work products prepared for the application shall be sealed by a professional engineer or geoscientist licensed in Texas as required by the Texas Occupations Code, Chapters 1001 and 1002, respectively.", "sourceNote": "Source Note: The provisions of this §4.213 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224314", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.214", "label": "Minimum Design and Construction Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161481", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for on-lease commercial solid oil and gas waste recycling shall include:(1) a facility diagram of receiving, processing, and storage areas and all equipment (e.g., pug mill), tanks, silos, and dikes.(2) a description of the type and thickness of liners (e.g., fiberglass, steel concrete), if any, for all tanks, silos, pits, and storage areas/cells;(3) a map view and two perpendicular cross-sectional views of typical pits and/or storage areas/cells to be constructed, showing the bottom, sides, and dikes, showing the dimensions of each; and(4) a plan to control and manage stormwater runoff and to retain wastes during wet weather, including the location and dimensions of dikes and/or storage basins that would collect, at a minimum, stormwater during a 25-year, 24-hour rainfall event, and all calculations made to determine the required capacity and design.", "sourceNote": "Source Note: The provisions of this §4.214 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161481", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.215", "label": "Minimum Operating Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161482", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for on-lease commercial solid oil and gas waste recycling shall include the following operating information:(1) a list of Commission districts for which the applicant seeks authority for on-lease commercial solid oil and gas waste recycling;(2) the estimated maximum volume of untreated oil and gas waste and partially treated oil and gas waste to be stored;(3) the estimated maximum volume and time that the recyclable product will be stored;(4) a general description of the recycling process to be employed; a flow diagram showing the process and identifying all equipment and chemicals or additives (e.g., asphalt emulsion, quicklime, Portland cement, fly ash, etc.) to be used in the process; and the Material Safety Data Sheets for any chemical or additive;(5) a description of all inert material (e.g., brick, rock, gravel, caliche) to be stored and used as aggregate in the treatment process; and(6) a description of any testing to be performed to demonstrate that the proposed processing will result in a recyclable product that meets the engineering and environmental standards for the proposed use.", "sourceNote": "Source Note: The provisions of this §4.215 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161482", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.216", "label": "Minimum Monitoring Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161483", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for on-lease commercial solid oil and gas waste recycling shall include:(1) a sampling plan for the partially treated waste to ensure compliance with permit conditions; and(2) a plan and schedule for conducting periodic inspections, including plans to inspect equipment, processing, and storage areas.", "sourceNote": "Source Note: The provisions of this §4.216 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161483", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.217", "label": "Minimum Closure Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224315", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for on-lease commercial solid oil and gas waste recycling shall include a detailed plan for closure of the site when operations terminate. The closure plan shall address how the applicant intends to:(1) remove waste, partially treated waste, and/or recyclable product from the site;(2) close all storage areas/cells;(3) remove dikes; and(4) contour and reseed disturbed areas.", "sourceNote": "Source Note: The provisions of this §4.217 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224315", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.218", "label": "General Permit Provisions for On-Lease Commercial Solid Oil and Gas Waste Recycling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224316", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall specify the Commission districts within which recycling is authorized, shall be valid for a term of not more than five years, and shall authorize operations at any one lease for no more than one year. Permits issued pursuant to this division may be renewed, but are not transferable to another operator without the written approval of the Director. Any request for transfer of the permit shall be filed with the Technical Permitting Section on a Commission prescribed form at least 60 days before the permittee requests the transfer to take place.(b) A permit for on-lease commercial solid oil and gas waste recycling shall include a condition requiring that the permittee obtain written permission from the surface owner of the lease upon which recycling will take place and notify the Commission District Office 72 hours before operations commence on each lease.", "sourceNote": "Source Note: The provisions of this §4.218 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224316", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.219", "label": "Minimum Siting Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224317", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for on-lease commercial solid oil and gas waste recycling may be issued only if the Director or the Commission determines that the operations will pose no unreasonable risk of pollution or threat to public health or safety.(b) A pit permitted pursuant to this division is prohibited:(1) within a 100-year flood plain;(2) within a sensitive area as defined by §4.110 of this title (relating to Definitions); (3) within 300 feet of surface water, domestic supply wells, or irrigation water wells;(4) within 500 feet of any public water system wells or intakes;(5) where there has been observable groundwater within 100 feet of the ground surface unless the pit design includes a geosynthetic clay liner (GCL) tested using fluids likely to be encountered in the operations of the facility and the test results demonstrated the GCL can sustain a hydraulic conductivity of 1.0 x 10-7cm/sec or less;(6) within 1,000 feet of a permanent residence, school, hospital, institution, or church in existence at the time of initial permitting; or(7) within 500 feet of a wetland.(c) A permit application for on-lease commercial solid oil and gas waste recycling shall include:(1) a description of the proposed facility site and surrounding area;(2) the name, physical address and, if different, mailing address, and telephone number of every owner of the tract on which the facility is to be located. If any owner is not an individual, the applicant shall include the name of a contact person for that owner;(3) the depth to the shallowest subsurface water and the direction of groundwater flow at the proposed site, and the source of this information;(4) the average annual precipitation and evaporation at the proposed site and the source of this information;(5) the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, and other pertinent characteristics, and the source of this information;(6) a copy of a county highway map with a scale and north arrow showing the location of the proposed facility; and(7) a United States Geological Survey (USGS) topographic map or an equivalent topographic map which shows the facility including the items listed in subparagraphs (A) - (K) of this paragraph and any other pertinent information regarding the regulated facility and associated activities. Maps shall be on a scale of not less than one inch equals 2,000 feet. The map shall show the following:(A) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(B) a clear outline of the proposed facility's boundaries;(C) the location of any pipelines within 500 feet of the facility;(D) the distance from the facility's outermost perimeter boundary to public and private water wells, residences, schools, churches, and hospitals that are within 500 feet of the boundary; (E) for disposal only, the location of all residential and commercial buildings within a one-mile radius of the facility boundary;(F) all water wells within a one-mile radius of the facility boundary;(G) the location of the 100-year flood plain and the source of the flood plain information;(H) surface water bodies within the map area;(I) the location of any major and minor aquifers within the map area;(J) the boundaries of any prohibited areas defined under §4.153 of this title (relating to Commercial Disposal Pits); and(K) any other information requested by the Director reasonably related to the prevention of pollution.(d) Factors that the Commission will consider in assessing potential risk from on-lease commercial solid oil and gas waste recycling include:(1) the volume and characteristics of the oil and gas waste, partially treated waste and recyclable product to be stored, handled, treated and recycled at the facility;(2) proximity to coastal natural resources or sensitive areas as defined by §4.110 of this title; and(3) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(e) All siting requirements in this section for on-lease commercial solid oil and gas waste recycling refer to conditions at the time the equipment and tanks used in the recycling are placed.", "sourceNote": "Source Note: The provisions of this §4.219 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224317", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.220", "label": "Minimum Permit Provisions for Design and Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224318", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit issued pursuant to this division for on-lease commercial solid oil and gas waste recycling shall contain any requirement that the Director or the Commission determines to be reasonably necessary to ensure that:(1) the design and construction of storage areas, containment dikes, and processing areas minimize contact of oil and gas waste and partially recycled waste with the ground surface, and prevent pollution of surface and subsurface water;(2) the pollution of surface and subsurface water from spills, leachate, and/or discharges from the facility is prevented by:(A) prohibiting the unauthorized discharge of oil and gas waste and other substances or materials, including contaminated stormwater runoff, to the land surface at and adjacent to the facility or to surface and subsurface water;(B) requiring that the operator control and remediate spills; and(C) requiring that the operator make regular inspections of the facility; and(3) the design and construction of the facility allows for monitoring for, and detection of, any migration of oil and gas waste or other substance or material.(b) All storage cells at the site shall be:(1) located above the top of the seasonal high water table;(2) designed to prevent stormwater runoff from entering the area; and(3) surrounded by berms with a minimum width at base of three times the height and the berms constructed such that the height, slope, and construction material are structurally sound and do not allow seepage.(c) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall require that the operator notify the Commission District Office prior to commencement of construction, including construction of any dikes, and again upon completion of construction, and that the permittee may commence operations under the permit 72 hours after notice to the District Office.", "sourceNote": "Source Note: The provisions of this §4.220 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224318", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.221", "label": "Minimum Permit Provisions for Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224319", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall contain requirements the Commission determines to be reasonably necessary to ensure that:(1) only wastes and other materials authorized by the permit generated on-lease, including requirements that the permittee test incoming oil and gas waste and keep records of amounts of wastes; and(2) the processing operation and resulting recyclable product meet the environmental and engineering standards established in the permit.(b) A permit for on-lease commercial solid oil and gas waste recycling issued under this division may require the permittee to perform a trial run in accordance with the following procedure.(1) The permittee shall notify the Commission District Office for the county in which the facility is located prior to commencement of the trial run.(2) The permittee shall sample and analyze the partially treated waste that results from the trial run, and submit to the Director for review a report of the results of the trial run prior to commencing operations.(3) The permittee shall demonstrate the ability to successfully process a 1,000 cubic yard batch of solid oil and gas waste.(A) The Technical Permitting Section and the District Office shall be notified in writing at least 72 hours before waste processing begins.(B) Samples of the partially treated waste shall be collected from every 200 cubic yards of an 800 cubic yard batch and analyzed for wetting and drying durability by ASTM D 559-96, modified to provide that samples are compacted and molded from finished partially treated waste. The total weight loss after 12 cycles shall not exceed 15 percent.(C) A written report of the trial run shall be submitted to the Technical Permitting Section and the District Office within 60 days of receipt of the analyses required in this section. The following information shall be included:(i) a summary of the trial run and description of the process;(ii) the actual volume of waste material processed;(iii) the volume and type of stabilization material used;(iv) the type of waste and description of the waste material; and(v) copies of all chemical and geotechnical laboratory analytical reports and chain of custody sheets for the samples specified in subparagraph (B) of this paragraph.(D) The final processed material shall meet the limitations of this section.(4) The Director shall approve the trial run if the report demonstrates that the recyclable product meets or exceeds the environmental and engineering standards established in the permit.(5) The permittee shall not use the recyclable product until the Director approves the trial run report.(c) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall include any requirements, including limits on the volumes of oil and gas waste, partially treated waste, and recyclable product stored at the site, that the Technical Permitting Section determines to be reasonably necessary to ensure that the permittee does not accumulate oil and gas waste, partially treated waste, and/or recyclable product at the facility without actually processing the oil and gas waste and putting the recyclable product to legitimate commercial use.(d) Excess stormwater collected within a bermed area shall be removed and disposed of in an authorized manner.(e) Appropriate measures shall be taken to control dust at all times.(f) Processed material meeting or exceeding the engineering parameters listed in §4.222(d) of this title (relating to Minimum Permit Provisions for Monitoring) is suitable for use on lease roads, drilling pads, tank batteries, compressor station pads, and county roads.", "sourceNote": "Source Note: The provisions of this §4.221 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224319", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.222", "label": "Minimum Permit Provisions for Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224320", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall include monitoring requirements the Director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the environmental and engineering standards established by the Director or the Commission and included in the permit.(b) Consistent with the requirements of §4.208 of this title (relating to General Standards for Permit Issuance), the Director or the Commission shall establish and include in the permit for on-lease commercial solid oil and gas waste recycling the parameters for which the partially treated waste is to be tested, and the limitations on those parameters based on:(1) the type of oil and gas waste; and(2) the intended use for the recyclable product.(c) A permit for on-lease commercial solid oil and gas waste recycling may require laboratory testing. A permit that requires laboratory testing shall require that the permittee use an independent third party laboratory to analyze a minimum standard volume of partially treated waste for parameters established in this subchapter or in a permit issued by the Commission.(d) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division from which the recycled product will be used as road base or other similar uses shall include a requirement that a minimum of one sample from each 200 cubic yards of partially treated waste be collected and analyzed for every 800 cubic yard composite for the following minimum parameters and meet the following limits:Attached Graphic(e) Recordkeeping and reporting requirements.(1) Recordkeeping requirements.(A) Records shall be kept of all waste treated for a period of three years from the date of treatment.(B) These records shall include the following:(i) name of the generator;(ii) source of the waste (lease number or gas I.D. number and well number, or API number);(iii) date the waste was treated at the drill site;(iv) volume of the waste treated at the drill site;(v) name of the carrier;(vi) identification of the receiving site including the lease number or gas I.D. number and well number, API number, or county road number;(vii) documentation that the landowner of the receiving location has been notified of the use of the recyclable product on the landowner's property if used on private land; and(viii) documentation indicating the approximate location where recyclable product is used including a topographic map showing the location of the area.(2) Reporting requirements. The permittee shall provide the Commission, on a quarterly basis, a copy of the records required in this section.", "sourceNote": "Source Note: The provisions of this §4.222 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224320", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.223", "label": "Minimum Permit Provisions for Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224321", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall include closure standards and any requirement reasonably necessary to ensure that the permittee can meet the standards. The Commission shall determine the closure standards for a particular facility based on the type of materials stored, handled and treated. A permit may include requirements for removal of all waste, partially treated waste, and recyclable product; removal of dikes, storage, liners, and equipment; recontouring of the land; collection and analyzing of soil and groundwater samples; and post-closure monitoring.", "sourceNote": "Source Note: The provisions of this §4.223 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224321", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.224", "label": "Permit Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224332", "queryAsDate": "03/11/2026" }, "ruleBody": "Before the expiration of a permit issued pursuant to this division, the permittee may submit an application to renew the permit on a Commission prescribed form. An application for renewal of an existing permit issued pursuant to this division shall be submitted in writing a minimum of 60 days before the expiration date of the permit and shall include the operator's permit number and facility identification number assigned by the Technical Permitting Section. The application for renewal shall include details of proposed changes or shall state that there are no changes proposed that would require amendment of the permit other than the expiration date.", "sourceNote": "Source Note: The provisions of this §4.224 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224332", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.230", "label": "General Permit Application Requirements for Off-Lease or Centralized Commercial Solid Oil and Gas Waste Recycling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224333", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for a permit for off-lease or centralized commercial solid oil and gas waste recycling shall be filed on a Commission prescribed form with the Technical Permitting Section, and on the same day the applicant shall mail or deliver a copy of the application to the Commission District Office for the county in which the facility is to be located. The Technical Permitting Section shall not administratively begin final review of an application unless the Director has determined that the application is complete in accordance with §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively).  (b) The permit application shall contain the applicant's name; organizational report number; physical office address and, if different, mailing address; facility address; telephone number; and the name of a contact person.(c) The permit application shall contain information addressing each applicable application requirement of this division and all information necessary to initiate the final review by the Director. The Director shall neither administratively approve an application nor refer an application to hearing unless the Director has determined that the application is administratively complete. If the Director determines that an application is incomplete, the Director shall notify the applicant in writing and shall describe the specific information required to complete the application. An applicant may make no more than two supplemental filings to complete an application. After the second supplemental submission, if the application is complete, the Director shall either approve or deny the application. If the application is still incomplete after the second supplemental submission, the Director shall administratively deny the application. The Director shall notify the applicant in writing of the administrative decision and, in the case of an administrative denial, the applicant's right to request a hearing on the application as it stands at the time of administrative denial. An application that was administratively denied may be refiled with the Commission on a Commission prescribed form and shall contain all information necessary to initiate the final review by the Director.(d) The permit application shall contain the following certification signed and dated by an authorized representative of the applicant: \"I certify that I am authorized to make this application, that this application was prepared by me or under my supervision and direction, and that the data and facts stated herein are true, correct, and complete to the best of my knowledge.\"(e) A person shall file electronically any form or application for which the Commission has provided an electronic version or an electronic filing system or by hard copy if no digital format acceptable to the Commission has been enacted. The operator or person shall comply with all requirements, including but not limited to fees and security procedures, for electronic filing.", "sourceNote": "Source Note: The provisions of this §4.230 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224333", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.231", "label": "Minimum Engineering and Geologic Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224334&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224334", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Director may require a permit applicant for off-lease or centralized commercial solid oil and gas waste recycling to provide the Commission with engineering, geological, or other information which the Director deems necessary to show that issuance of the permit will not result in the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, or a threat to the public health or safety.(b) Engineering and geologic work products prepared for the application shall be sealed by a professional engineer or geoscientist licensed in Texas as required by the Texas Occupations Code, Chapters 1001 and 1002, respectively.", "sourceNote": "Source Note: The provisions of this §4.231 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224334&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224334", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.232", "label": "Minimum Siting Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161498", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include:(1) a description of the proposed facility site and surrounding area;(2) the name, physical address and, if different, mailing address, and telephone number of every owner of the tract on which the facility is to be located. If any owner is not an individual, the applicant shall include the name of a contact person for that owner;(3) the depth to the shallowest subsurface water and the direction of groundwater flow at the proposed site, and the source of this information;(4) the average annual precipitation and evaporation at the proposed site and the source of this information;(5) the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, and other pertinent characteristics, and the source of this information;(6) a copy of a county highway map with a scale and north arrow showing the location of the proposed facility; and(7) a United States Geological Survey (USGS) topographic map or an equivalent topographic map which shows the facility including the items listed in subparagraphs (A) - (K) of this paragraph and any other pertinent information regarding the regulated facility and associated activities. Maps shall be on a scale of not less than one inch equals 2,000 feet. The map shall show the following:(A) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(B) a clear outline of the proposed facility's boundaries;(C) the location of any pipelines within 500 feet of the facility;(D) the distance from the facility's outermost perimeter boundary to public and private water wells, residences, schools, churches, and hospitals that are within 500 feet of the boundary; (E) for disposal only, the location of all residential and commercial buildings within a one-mile radius of the facility boundary;(F) all water wells within a one-mile radius of the facility boundary;(G) the location of the 100-year flood plain and the source of the flood plain information;(H) surface water bodies within the map area;(I) the location of any major and minor aquifers within the map area;(J) the boundaries of any prohibited areas defined under §4.153 of this title (relating to Commercial Disposal Pits); and(K) any other information requested by the Director reasonably related to the prevention of pollution.(b) A pit permitted pursuant to this division is prohibited: (1) where there has been observable groundwater within 100 feet of the ground surface unless the pit design includes a geosynthetic clay liner (GCL) tested using fluids likely to be encountered in the operations of the facility and the test results demonstrated the GCL can sustain a hydraulic conductivity of 1.0 x 10-7cm/sec or less;(2) within a sensitive area as defined by §4.110 of this title (relating to Definitions);(3) within 300 feet of surface water, domestic supply wells, or irrigation water wells;(4) within 500 feet of any public water system wells or intakes;(5) within 1,000 feet of a permanent residence, school, hospital, institution, or church in existence at the time of the initial permitting;(6) within 500 feet of a wetland; or(7) within a 100-year floodplain.(c) Factors that the Commission will consider in assessing potential risk from on off-lease or centralized commercial solid oil and gas waste recycling include:(1) the volume and characteristics of the oil and gas waste, partially treated waste, and recyclable product to be stored, handled, treated and recycled at the facility;(2) proximity to coastal natural resources or sensitive areas as defined by §4.110 of this title; and(3) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(d) All siting requirements in this section for on-lease off-lease or centralized commercial solid oil and gas waste recycling refer to conditions at the time the equipment and tanks used in the recycling are placed.", "sourceNote": "Source Note: The provisions of this §4.232 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161498", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.233", "label": "Minimum Real Property Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224335", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include a copy of the signed lease agreement between the applicant and the owner of the tract upon which the facility is to be located.(b) A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall identify the location of the facility by including a plat or plats showing:(1) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(2) the site coordinates in degrees, minutes, and seconds of longitude and latitude;(3) a clear outline of the proposed facility's boundaries;(4) all tracts adjoining the tract upon which the facility is to be located;(5) the name of the surface owner or owners of such adjoining tracts; and(6) the distance from the facility's outermost perimeter boundary to water wells, residences, schools, churches, or hospitals that are within 500 feet of the boundary.", "sourceNote": "Source Note: The provisions of this §4.233 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224335", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.234", "label": "Minimum Design and Construction Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161500", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for an off-lease or centralized commercial solid oil and gas waste recycling facility shall include the layout and design of the facility by including a plat drawn to scale with north arrow to top of the map showing the location and information on the design and size of all receiving, processing, and storage areas and all equipment (e.g., pug mill), tanks, silos, monitor wells, dikes, fences, and access roads.(b) A permit application for an off-lease or centralized commercial solid oil and gas waste recycling facility also shall include: (1) a description of the type and thickness of liners (e.g., fiberglass, steel concrete), if any, for all tanks, silos, pits, and storage areas/cells;(2) for storage areas where tanks and/or liners are not used, credible engineering and/or geologic information demonstrating that tanks or liners are not necessary for the protection of surface and subsurface water;(3) a map view and two perpendicular cross-sectional views of pits and/or storage areas/cells to be constructed, showing the bottom, sides, and dikes, showing the dimensions of each;(4) a plan to control and manage stormwater runoff and to retain incoming wastes during wet weather, including the location and dimensions of dikes and/or storage basins that would collect, at a minimum, stormwater from the facility during a 25-year, 24-hour rainfall event, and all calculations made to determine the required capacity and design; and(5) if the application is for a stationary commercial recycling facility, a plan for the installation of monitoring wells at the facility unless waived by the Technical Permitting Section under §4.241(d) of this title (relating to Minimum Permit Provisions for Operations).", "sourceNote": "Source Note: The provisions of this §4.234 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161500", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.235", "label": "Minimum Operating Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161494", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include the following operating information:(1) the estimated maximum volume of untreated oil and gas waste and partially treated oil and gas waste to be stored at the facility;(2) the estimated maximum volume and time that the recyclable product will be stored at the facility;(3) a plan to control unauthorized access to the facility;(4) a detailed waste acceptance plan that:(A) identifies anticipated volumes and specific types of wastes (e.g., oil-based drilling fluid and cuttings, crude oil-contaminated soils, production tank bottoms, hydraulic fracturing flowback fluid, produced water, etc.) to be accepted at the facility for treatment and recycling; and(B) provides for testing of wastes to be processed to ensure that only oil and gas waste authorized by this division or the permit will be received at the facility;(5) plans for keeping records of the source and volume of wastes accepted for recycling in accordance with the permit, including maintenance of records of the source of waste received by well number, API number, lease or facility name, lease number and/or gas identification number, county, and Commission district;(6) a general description of the recycling process to be employed; a flow diagram showing the process and identifying all equipment and chemicals or additives (e.g., asphalt emulsion, quicklime, Portland cement, fly ash, etc.) to be used in the process; and the Material Safety Data Sheets for any chemical or additive;(7) a description of all inert material (e.g., brick, rock, gravel, caliche) to be stored at the facility and used as aggregate in the treatment process;(8) a description of any testing to be performed to demonstrate that the proposed processing will result in a recyclable product that meets the engineering and environmental standards for the proposed use; and(9) an estimate of the duration of operation of the proposed facility.", "sourceNote": "Source Note: The provisions of this §4.235 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161494", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.236", "label": "Minimum Monitoring Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161495", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include:(1) a sampling plan for the partially treated waste to ensure compliance with permit conditions;(2) a plan for sampling any monitoring wells at a commercial recycling facility as required by the permit and this division; and(3) a plan and schedule for conducting periodic inspections, including plans to inspect equipment, processing, and storage areas.", "sourceNote": "Source Note: The provisions of this §4.236 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161495", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.237", "label": "Minimum Closure Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224336", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for off-lease or centralized commercial solid oil and gas waste recycling shall include a detailed plan for closure of the facility when operations terminate. The closure plan shall address how the applicant intends to:(1) remove waste, partially treated waste, and/or recyclable product from the facility;(2) close all storage areas/cells;(3) remove dikes; and(4) contour and reseed disturbed areas.(b) A permit application for a stationary commercial recycling facility also shall include in the closure plan information addressing how the applicant intends to:(1) sample and analyze soil and groundwater throughout the facility; and(2) plug groundwater monitoring wells.", "sourceNote": "Source Note: The provisions of this §4.237 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224336", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.238", "label": "Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224337", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Applicants are encouraged to engage with their communities early in the commercial recycling facility planning process to inform the community of the plan to construct an off-lease or centralized commercial solid oil and gas waste recycling facility and allow those who may be affected by the proposed activities to express their concerns. The purpose of the notice required by this section is to inform notice recipients:(1) that an applicant has filed a permit application with the Commission, seeking authorization to conduct an activity or operate a facility; and(2) of the requirements for filing a protest if an affected person seeks to protest the permit application.(b) Timing of notice. The applicant shall provide notice after staff determines that an application for an off-lease or centralized commercial solid oil and gas waste recycling facility is complete pursuant to §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). The date notice is completed begins a 30-day period in which an affected person may file a protest of the application with the Commission.(c) Notice recipients. The applicant shall provide notice to:(1) the surface owners of the tract on which the commercial recycling facility will be located;(2) the surface owners of tracts located within a distance of 1/2-mile from the fence line or edge of the facility as shown on the plat required under §4.233(b) of this title (relating to Minimum Real Property Information) of the facility's fence line or boundary, even if the surface owner's tract is not adjacent to the tract on which the commercial recycling facility is located;(3) the city clerk or other appropriate city official if any part of the tract on which the commercial recycling facility will be located lies within the municipal boundaries of the city;(4) the Commission's District Office; and(5) any other person or class of persons that the Director determines should receive notice of an application.(d) Method and contents of notice. Unless otherwise specified in this subchapter, the applicant shall provide direct notice to the persons specified in subsection (c) of this section as follows.(1) The applicant shall provide notice by registered or certified mail. Notice is completed upon deposit of the document postpaid and properly addressed to the person's last known address with the United States Postal Service.(2) The notice of the permit application shall consist of a complete copy of the application and any attachments. The copy shall be of the application and attachments after staff determines the application is complete pursuant to §1.201(b) of this title but before the final review is completed.(3) The notice shall include a letter that contains:(A) the name of the applicant;(B) the date of the notice;(C) the name of the surface owners of the tract on which the proposed commercial recycling facility will be located;(D) the location of the tract on which the proposed commercial recycling facility will be located including a legal description of the tract, latitude/longitude coordinates of the proposed facility, county, original survey, abstract number, and the direction and distance from the nearest municipality or community;(E) the types of solids to be recycled at the commercial recycling facility;(F) the recycling method proposed and the proposed end-use of the recycled material;(G) a statement that an affected person may protest the application by filing a written protest with the Commission within 30 calendar days of the date notice is completed;(H) a statement that a protest shall include the protestant's name, mailing address, telephone number, and email address;(I) the address to which protests may be mailed or the location and instructions for electronic submittal of a protest if the Commission implements an electronic means for filing protests;(J) the definition of \"affected person\" pursuant to §4.110 of this title (relating to Definitions); and(K) the signature of the operator, or representative of the operator, and the date the letter was signed.(4) If the Director finds that a person to whom the applicant was required to give notice of an application has not received such notice, then the Director shall not take action on the application until the applicant has made reasonable efforts to give such person notice of the application and an opportunity to file a protest to the application with the Commission.(e) Proof of notice. After the applicant provides the notice required by this section, the applicant shall submit to the Commission proof of delivery of notice which shall consist of:(1) a copy of the signed and dated letters required by subsection (d)(3) of this section;(2) the registered or certified mail receipts; and(3) a map showing the property boundaries, surface owner names, and parcel numbers of all notified parties.(f) Protest process. Any statement of protest to an application must be filed with the Commission within 30 calendar days from the date notice is completed or from the last date of publication if notice by publication is authorized by the Director.(1) The Technical Permitting Section shall notify the applicant if the Commission receives an affected person's timely protest. A timely protest is a written protest date-stamped as received by the Commission within 30 calendar days of the date notice is completed. (2) The applicant shall have 30 days from the date of the Technical Permitting Section's notice of receipt of protest to respond, in writing, by either requesting a hearing or withdrawing the application. If the applicant fails to timely file a written response, the Technical Permitting Section shall consider the application to have been withdrawn.(3) The Technical Permitting Section shall refer all protested applications to the Hearings Division if a timely protest is received and the applicant requests a hearing.(4) The Commission shall provide notice of any hearing convened under this subsection to all affected persons and persons who have requested notice of the hearing.(5) If the Director has reason to believe that a person entitled to notice of an application has not received notice as required by this section, then the Technical Permitting Section shall not take action on the application until notice is provided to such person.(6) The Commission may issue a permit if no timely protests from affected persons are received.", "sourceNote": "Source Note: The provisions of this §4.238 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224337", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.239", "label": "General Permit Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224338", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for an off-lease or centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall be valid for a term of not more than two years. Permits issued pursuant to this division may be renewed, but are not transferable to another operator without the written approval of the Director.(b) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall require that, prior to operating, the facility comply with the financial security requirements of Texas Natural Resources Code, §91.109, relating to Financial Security for Persons Involved in Activities Other than Operation of Wells, as implemented by §3.78 of this title (relating to Fees and Financial Security Requirements).(c) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility shall include a condition requiring that the permittee notify the surface owner of the tract upon which recycling will take place and the Commission District Office before recycling operations commence.", "sourceNote": "Source Note: The provisions of this §4.239 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224338", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.240", "label": "Minimum Permit Provisions for Siting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224339", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility may be issued only if the Director or the Commission determines that the facility is to be located in an area where there is no unreasonable risk of pollution or threat to public health or safety.(b) An off-lease centralized commercial solid oil and gas waste recycling facility permitted pursuant to this division is prohibited within a 100-year flood plain.(c) Factors that the Commission will consider in assessing potential risk from an off-lease centralized commercial solid oil and gas waste recycling facility include:(1) the volume and characteristics of the oil and gas waste, partially treated waste and recyclable product to be stored, handled, treated and recycled at the facility;(2) distance to any surface water body, wet or dry;(3) depth to and quality of the shallowest groundwater;(4) distance to the nearest property line or public road;(5) proximity to coastal natural resources or sensitive areas as defined by §4.110 of this title (relating to Definitions), or water supplies, and/or public, domestic, or irrigation water wells; and(6) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(d) All siting requirements in this section for an off-lease centralized commercial solid oil and gas waste recycling facility refer to conditions at the time the facility is constructed.", "sourceNote": "Source Note: The provisions of this §4.240 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224339", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.241", "label": "Minimum Permit Provisions for Design and Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224340", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit issued pursuant to this division for an off-lease centralized commercial solid oil and gas waste recycling facility shall contain any requirement that the Director or the Commission determines to be reasonably necessary to ensure that:(1) the design and construction of storage areas, containment berms, and processing areas minimize contact of oil and gas waste and partially recycled waste with the ground surface, and prevent pollution of surface and subsurface water;(2) the pollution of surface and subsurface water from spills, leachate, and/or discharges from the facility is prevented by:(A) prohibiting the unauthorized discharge of oil and gas waste and other substances or materials, including contaminated stormwater runoff, from the facility to the land surface at and adjacent to the facility or to surface and subsurface water;(B) requiring that the operator control spills at the facility; and(C) requiring that the operator make regular inspections of the facility; and(3) the design and construction of the facility allows for monitoring for, and detection of, any migration of oil and gas waste or other substance or material from the facility.(b) A permit issued for a stationary commercial recycling facility pursuant to this division shall require that the permittee:(1) install monitoring wells in accordance with 16 Texas Administrative Code, Part 4, Chapter 76, relating to Water Well Drillers and Water Well Pump Installers, if required by the Technical Permitting Section; and(2) submit to the Technical Permitting Section a soil boring log and other information for each well, unless waived by the Technical Permitting Section under §4.241(d) of this title (relating to Minimum Permit Provisions for Operations).(c) The soil boring log and other information required in subsection (b) of this section shall:(1) describe the soils using the Unified Soils Classification System (equivalent to ASTM D 2487 and 2488);(2) identify the method of drilling, total depth, and the top of the first encountered water or saturated soils;(3) include a well completion diagram for each monitoring well;(4) include a survey elevation for each wellhead reference point; and(5) include a potentiometric map showing static water levels and the direction of groundwater flow.(d) The Commission or the Director may waive any or all of the requirements in subsections (b) and (c) of this section if the permittee demonstrates that an on-site boring to a minimum depth of 100 feet recovers no water during a 24-hour test.(e) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall require that the permittee notify the Commission District Office for the county in which the facility is located prior to commencement of construction, including construction of any dikes, and again upon completion of construction and that the permittee may commence operations under the permit only after the facility has been inspected by the Commission to ensure that construction of all elements of the facility is consistent with the representations in the application and the requirements of the permit.(f) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division that requires the installation of monitoring wells shall require that the permittee comply with subsections (b) and (c) of this section prior to commencing recycling operations.", "sourceNote": "Source Note: The provisions of this §4.241 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224340", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.242", "label": "Minimum Permit Provisions for Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224341", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall contain requirements the Commission determines to be reasonably necessary to ensure that:(1) only wastes and other materials authorized by the permit are received at the facility, including requirements that the permittee test incoming oil and gas waste and keep records of amounts and sources of incoming wastes; and(2) the processing operation and resulting recyclable product meet the environmental and engineering standards established in the permit.(b) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued under this division may require the permittee to perform a trial run in accordance with the following procedure.(1) The permittee shall notify the Commission District Office for the county in which the facility is located prior to commencement of the trial run.(2) The permittee shall sample and analyze the partially treated waste that results from the trial run, and submit to the Director for review a report of the results of the trial run prior to commencing operations.(3) The Director shall approve the trial run if the report demonstrates that the recyclable product meets or exceeds the environmental and engineering standards established in the permit.(4) The permittee shall not use the recyclable product until the Director approves the trial run report.(c) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall include any requirements, including limits on the volumes of oil and gas waste, partially treated waste, and recyclable product stored at the facility, that the Commission determines to be reasonably necessary to ensure that the permittee does not speculatively accumulate oil and gas waste, partially treated waste, and/or recyclable product at the facility without actually processing the oil and gas waste and putting the recyclable product to legitimate commercial use.", "sourceNote": "Source Note: The provisions of this §4.242 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224341", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.243", "label": "Minimum Permit Provisions for Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161503", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall include monitoring requirements the Director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the environmental and engineering standards established by the Director or the Commission and included in the permit.(b) Consistent with the requirements of §4.208 of this title (relating to General Standards for Permit Issuance), the Director or the Commission shall establish and include in the permit for an off-lease centralized commercial solid oil and gas waste recycling facility the parameters for which the partially treated waste is to be tested, and the limitations on those parameters based on:(1) the type of oil and gas waste to be accepted at the commercial recycling facility; and(2) the intended use for the recyclable product.(c) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility may require laboratory testing. A permit that requires laboratory testing shall require that the permittee use an independent third party laboratory to analyze a minimum standard volume of partially treated waste for parameters established in this division or in a permit issued by the Commission.(d) A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division from which the recycled product will be used as road base or other similar uses shall include a requirement that a minimum of one sample from each 200 cubic yards of partially treated waste be collected and analyzed for every 800 cubic yards composite for the following minimum parameters and meet the following limits:Attached Graphic", "sourceNote": "Source Note: The provisions of this §4.243 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161503", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.244", "label": "Minimum Permit Provisions for Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224342", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit for an off-lease centralized commercial solid oil and gas waste recycling facility issued pursuant to this division shall include closure standards and any requirement reasonably necessary to ensure that the permittee can meet the standards. The Commission shall determine the closure standards for a particular facility based on the type of materials stored, handled and treated at the facility, and the design and construction of the facility. A permit may include requirements for removal of all waste, partially treated waste, and recyclable product; removal of dikes, storage, liners, and equipment; recontouring of the land; collection and analyzing of soil and groundwater samples from the facility property; and post-closure monitoring.", "sourceNote": "Source Note: The provisions of this §4.244 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224342", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.245", "label": "Permit Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224590", "queryAsDate": "03/11/2026" }, "ruleBody": "Before the expiration of a permit issued pursuant to this division, the permittee may submit an application to renew the permit. An application for renewal of an existing permit issued pursuant to this division shall be submitted in writing a minimum of 60 days before the expiration date of the permit and shall include the permittee's permit number. The application shall comply with the requirements of §4.230 of this title (relating to General Permit Application Requirements for Off-Lease or Centralized Commercial Solid Oil and Gas Waste Recycling), and the notice requirements of §4.238 of this title (relating to Notice). The Director may require the applicant to comply with any of the requirements of §§4.231 - 4.237 of this title (relating to Minimum Engineering and Geologic Information; Minimum Siting Information; Minimum Real Property Information; Minimum Design and Construction Information; Minimum Operating Information; Minimum Monitoring Information; and Minimum Closure Information), depending on any changes made or planned to the construction, operation, monitoring, and/or closure of the facility.", "sourceNote": "Source Note: The provisions of this §4.245 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224590", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.246", "label": "General Permit Application Requirements for a Stationary Commercial Solid Oil and Gas Waste Recycling Facility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224591", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for a permit for a stationary commercial solid oil and gas waste recycling facility shall be filed on a Commission prescribed form with the Technical Permitting Section, and on the same day the applicant shall mail or deliver a copy of the application to the Commission District Office for the county in which the facility is to be located. The Technical Permitting Section shall not administratively begin final review of an application unless the Director has determined that the application is complete in accordance with §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). (b) The permit application shall contain the applicant's name; organizational report number; physical office address and, if different, mailing address; facility address; telephone number; and the name of a contact person. A permit for a stationary commercial recycling facility also shall contain the facility address.(c) The permit application shall contain information addressing each applicable application requirement of this division and all information necessary to initiate the final review by the Director. The Director shall neither administratively approve an application nor refer an application to hearing unless the Director has determined that the application is administratively complete. If the Director determines that an application is incomplete, the Director shall notify the applicant in writing and shall describe the specific information required to complete the application. An applicant may make no more than two supplemental filings to complete an application. After the second supplemental submission, if the application is complete, the Director shall either approve or deny the application. If the application is still incomplete after the second supplemental submission, the Director shall administratively deny the application. The Director shall notify the applicant in writing of the administrative decision and, in the case of an administrative denial, the applicant's right to request a hearing on the application as it stands at the time of administrative denial. An application that was administratively denied may be refiled with the Commission on a Commission prescribed form and shall contain all information necessary to initiate the final review by the Director.(d) The permit application shall contain the following certification signed and dated by an authorized representative of the applicant: \"I certify that I am authorized to make this application, that this application was prepared by me or under my supervision and direction, and that the data and facts stated herein are true, correct, and complete to the best of my knowledge.\"(e) A person shall file electronically any form or application for which the Commission has provided an electronic version or an electronic filing system or by hard copy if no digital format acceptable to the Commission has been enacted. The operator or person shall comply with all requirements, including but not limited to fees and security procedures, for electronic filing.", "sourceNote": "Source Note: The provisions of this §4.246 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224591", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.247", "label": "Minimum Engineering and Geologic Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224592", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Director may require a permit applicant for a stationary commercial solid oil and gas waste recycling facility to provide engineering, geological, or other information which the Director deems necessary to show that issuance of the permit will not result in the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, or a threat to the public health or safety.(b) Engineering and geologic work products prepared for the application shall be sealed by a professional engineer or geoscientist licensed in Texas as required by the Texas Occupations Code, Chapters 1001 and 1002, respectively.", "sourceNote": "Source Note: The provisions of this §4.247 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224592", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.248", "label": "Minimum Siting Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161515", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for a stationary commercial solid oil and gas waste recycling facility shall include:(1) a description of the proposed facility site and surrounding area;(2) the name, physical address and, if different, mailing address, and telephone number of every owner of the tract on which the facility is to be located. If any owner is not an individual, the applicant shall include the name of a contact person for that owner;(3) the depth to the shallowest subsurface water and the direction of groundwater flow at the proposed site, and the source of this information;(4) the average annual precipitation and evaporation at the proposed site and the source of this information;(5) the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, and other pertinent characteristics, and the source of this information;(6) a copy of a county highway map with a scale and north arrow showing the location of the proposed facility; and(7) a United States Geological Survey (USGS) topographic map or an equivalent topographic map which shows the facility including the items listed in subparagraphs (A) - (K) of this paragraph and any other pertinent information regarding the regulated facility and associated activities. Maps shall be on a scale of not less than one inch equals 2,000 feet. The map shall show the following:(A) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(B) a clear outline of the proposed facility's boundaries;(C) the location of any pipelines within 500 feet of the facility;(D) the distance from the facility's outermost perimeter boundary to public and private water wells, residences, schools, churches, and hospitals that are within 500 feet of the boundary; (E) for disposal only, the location of all residential and commercial buildings within a one-mile radius of the facility boundary;(F) all water wells within a one-mile radius of the facility boundary;(G) the location of the 100-year flood plain and the source of the flood plain information;(H) surface water bodies within the map area;(I) the location of any major and minor aquifers within the map area;(J) the boundaries of any prohibited areas defined under §4.153 of this title (relating to Commercial Disposal Pits); and(K) any other information requested by the Director reasonably related to the prevention of pollution.(b) A pit permitted under this division is prohibited:(1) where there has been observable groundwater within 100 feet of the ground surface unless the pit design includes a geosynthetic clay liner (GCL) tested using fluids likely to be encountered in the operations of the facility and the test results demonstrated the GCL can sustain a hydraulic conductivity of 1.0 x 10-7cm/sec or less;(2) within a sensitive area as defined by §4.110 of this title (relating to Definitions);(3) within 300 feet of surface water, domestic supply wells, or irrigation water wells;(4) within 500 feet of any public water system wells or intakes;(5) within 1,000 feet of a permanent residence, school, hospital, institution, or church in existence at the time of the initial permitting;(6) within 500 feet of a wetland; or(7) within a 100-year floodplain.(c) Factors that the Commission will consider in assessing potential risk from stationary commercial solid oil and gas waste recycling include:(1) the volume and characteristics of the oil and gas waste, partially treated waste and recyclable product to be stored, handled, treated and recycled at the facility;(2) proximity to coastal natural resources or sensitive areas as defined by §4.110 of this title; and(3) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(d) All siting requirements in this section for stationary commercial solid oil and gas waste recycling refer to conditions at the time the equipment and tanks used in the recycling are placed.", "sourceNote": "Source Note: The provisions of this §4.248 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161515", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.249", "label": "Minimum Real Property Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224593", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for a stationary commercial solid oil and gas waste recycling facility shall include a copy of the signed lease agreement between the applicant and the owner of the tract upon which the facility is to be located.(b) A permit application for a stationary commercial solid oil and gas waste recycling facility shall identify the location of the facility by including a plat or plats showing:(1) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(2) the site coordinates in degrees, minutes, and seconds of longitude and latitude;(3) a clear outline of the proposed facility's boundaries;(4) all tracts adjoining the tract upon which the facility is to be located;(5) the name of the surface owner or owners of such adjoining tracts; and(6) the distance from the facility's outermost perimeter boundary to water wells, residences, schools, churches, or hospitals that are within 500 feet of the boundary.", "sourceNote": "Source Note: The provisions of this §4.249 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224593", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.250", "label": "Minimum Design and Construction Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224594", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for a stationary commercial solid oil and gas waste recycling facility shall include the layout and design of the facility by including a plat drawn to scale with north arrow to top of the map showing the location and information on the design and size of all receiving, processing, and storage areas and all equipment (e.g., pug mill), tanks, silos, monitor wells, dikes, fences, and access roads.(b) A permit application for a stationary commercial solid oil and gas waste recycling facility also shall include:(1) a description of the type and thickness of liners (e.g., fiberglass, steel concrete), if any, for all tanks, silos, pits, and storage areas/cells;(2) for storage areas where tanks and/or liners are not used, credible engineering and/or geologic information demonstrating that tanks or liners are not necessary for the protection of surface and subsurface water;(3) a map view and two perpendicular cross-sectional views of pits and/or storage areas/cells to be constructed, showing the bottom, sides, and dikes, showing the dimensions of each;(4) a plan to control and manage stormwater runoff and to retain incoming wastes during wet weather, including the location and dimensions of dikes and/or storage basins that would collect, at a minimum, stormwater from the facility during a 25-year, 24-hour rainfall event, and all calculations made to determine the required capacity and design; and(5) a plan for the installation of monitoring wells at the facility.", "sourceNote": "Source Note: The provisions of this §4.250 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224594", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.251", "label": "Minimum Operating Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161511", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for a stationary commercial solid oil and gas waste recycling facility shall include the following operating information:(1) the estimated maximum volume of untreated oil and gas waste and partially treated oil and gas waste to be stored at the facility;(2) the estimated maximum volume and time that the recyclable product will be stored at the facility;(3) a plan to control unauthorized access to the facility; (4) a detailed waste acceptance plan that:(A) identifies anticipated volumes and specific types of wastes (e.g., oil-based drilling fluid and cuttings, crude oil-contaminated soils, production tank bottoms, etc.) to be accepted at the facility for treatment and recycling; and(B) provides for testing of wastes to be processed to ensure that only oil and gas waste authorized by this division or the permit will be received at the facility;(5) plans for keeping records of the source and volume of wastes accepted for recycling in accordance with the permit, including maintenance of records of the source of waste received by well number, API number, lease or facility name, lease number and/or gas identification number, county, and Commission District Office;(6) a general description of the recycling process to be employed; a flow diagram showing the process and identifying all equipment and chemicals or additives (e.g., asphalt emulsion, quicklime, Portland cement, fly ash, etc.) to be used in the process; and the Safety Data Sheets (SDS) for any chemical or additive;(7) a description of all inert material (e.g., brick, rock, gravel, caliche) to be stored at the facility and used as aggregate in the treatment process;(8) a description of any testing to be performed to demonstrate that the proposed processing will result in a recyclable product that meets the engineering and environmental standards for the proposed use; and(9) an estimate of the duration of operation of the proposed facility.", "sourceNote": "Source Note: The provisions of this §4.251 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161511", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.252", "label": "Minimum Monitoring Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161514", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for a stationary commercial solid oil and gas waste recycling facility shall include:(1) a sampling plan for the partially treated waste to ensure compliance with permit conditions;(2) a plan for sampling any monitoring wells at the facility as required by the permit and this division; and(3) a plan and schedule for conducting periodic inspections, including plans to inspect equipment, processing, and storage areas.", "sourceNote": "Source Note: The provisions of this §4.252 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161514", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.253", "label": "Minimum Closure Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224595", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for a stationary commercial solid oil and gas waste recycling facility shall include a detailed plan for closure of the facility when operations terminate. The closure plan shall address how the applicant intends to:(1) remove waste, partially treated waste, and/or recyclable product from the facility;(2) close all storage areas/cells;(3) remove dikes;(4) contour and reseed disturbed areas;(5) sample and analyze soil and groundwater throughout the facility; and(6) plug groundwater monitoring wells.", "sourceNote": "Source Note: The provisions of this §4.253 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224595", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.254", "label": "Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224596", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Applicants are encouraged to engage with their communities early in the commercial recycling facility planning process to inform the community of the plan to construct stationary commercial solid oil and gas waste recycling facility and allow those who may be affected by the proposed activities to express their concerns. The purpose of the notice required by this section is to inform notice recipients:(1) that an applicant has filed a permit application with the Commission, seeking authorization to conduct an activity or operate a facility; and(2) of the requirements for filing a protest if an affected person seeks to protest the permit application.(b) Timing of notice. The applicant shall provide notice after staff determines that an application for a stationary commercial solid oil and gas waste recycling facility is complete pursuant to §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). The date notice is completed begins a 30-day period in which an affected person may file a protest of the application with the Commission.(c) Notice recipients. The applicant shall provide notice to:(1) the surface owners of the tract on which the commercial recycling facility will be located;(2) the surface owners of tracts located within a distance of 1/2-mile from the fence line or edge of the facility as shown on the plat required under §4.249(b) of this title (relating to Minimum Real Property Information) of the facility's fence line or boundary, even if the surface owner's tract is not adjacent to the tract on which the commercial recycling facility is located;(3) the city clerk or other appropriate city official if any part of the tract on which the commercial recycling facility will be located lies within the municipal boundaries of the city;(4) the Commission's District Office; and(5) any other person or class of persons that the Director determines should receive notice of an application.(d) Method and contents of notice. Unless otherwise specified in this subchapter, the applicant shall provide direct notice to the persons specified in subsection (c) of this section as follows.(1) The applicant shall provide notice by registered or certified mail. Notice is completed upon deposit of the document postpaid and properly addressed to the person's last known address with the United States Postal Service.(2) The notice of the permit application shall consist of a complete copy of the application and any attachments. The copy shall be of the application and attachments after staff determines the application is complete pursuant to §1.201(b) of this title but before the final review is completed.(3) The notice shall include a letter that contains:(A) the name of the applicant;(B) the date of the notice;(C) the name of the surface owners of the tract on which the proposed commercial recycling facility will be located;(D) the location of the tract on which the proposed commercial recycling facility will be located including a legal description of the tract, latitude/longitude coordinates of the proposed facility, county, original survey, abstract number, and the direction and distance from the nearest municipality or community;(E) the types of solids to be recycled at the commercial recycling facility;(F) the recycling method proposed and the proposed end-use of the recycled material;(G) a statement that an affected person may protest the application by filing a written protest with the Commission within 30 calendar days of the date notice is completed;(H) a statement that a protest shall include the protestant's name, mailing address, telephone number, and email address;(I) the address to which protests may be mailed or the location and instructions for electronic submittal of a protest if the Commission implements an electronic means for filing protests;(J) the definition of \"affected person\" pursuant to §4.110 of this title (relating to Definitions); and(K) the signature of the operator, or representative of the operator, and the date the letter was signed.(4) If the Director finds that a person to whom the applicant was required to give notice of an application has not received such notice, then the Director shall not take action on the application until the applicant has made reasonable efforts to give such person notice of the application and an opportunity to file a protest to the application with the Commission.(e) Proof of notice. After the applicant provides the notice required by this section, the applicant shall submit to the Commission proof of delivery of notice which shall consist of:(1) a copy of the signed and dated letters required by subsection (d)(3) of this section;(2) the registered or certified mail receipts; and(3) a map showing the property boundaries, surface owner names, and parcel numbers of all notified parties.(f) Notice by publication. In addition to the notice required by subsection (d) of this section, an applicant for a stationary commercial solid oil and gas waste recycling commercial facility permit shall also provide notice by publication.(g) Newspaper of general circulation. The permit applicant shall publish notice of the application in a newspaper of general circulation in the county in which the proposed facility will be located at least once each week for two consecutive weeks, with the first publication occurring not earlier than the date staff determines that an application is complete pursuant to §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively) but before the final review is completed.(h) Contents of published notice. The published notice shall:(1) be entitled \"Notice of Application for Commercial Solid Oil and Gas Waste Recycling Facility\" if the proposed facility is a commercial facility;(2) provide the date the applicant filed the application with the Commission;(3) identify the name of the applicant;(4) provide the location of the tract on which the proposed facility will be located including the legal description of the property, latitude/longitude coordinates of the proposed facility, county, name of the original survey and abstract number, and location and distance in relation to the nearest municipality or community;(5) identify the owner or owners of the property on which the proposed facility will be located;(6) identify the type of fluid or solid waste to be managed at the facility;(7) identify the proposed recycling method;(8) state that affected persons may protest the application by filing a protest with the Commission within 30 calendar days of the last date of publication;(9) include the definition of \"affected person\" pursuant to §4.110 of this title (relating to Definitions); and(10) provide the address to which protests shall be mailed. If the Commission implements an electronic means for filing protests, then the location to instructions for electronic submittal shall be included.(i) Proof of notice. The applicant shall submit to the Commission proof that notice was published as required by this section. Proof of publication shall consist of:(1) an affidavit from the newspaper publisher that states the dates on which the notice was published and the county or counties in which the newspaper is of general circulation; and(2) the tear sheets for each published notice.(j) Protest process. Any statement of protest to an application must be filed with the Commission within 30 calendar days from the date notice is completed or from the last date of publication if notice by publication is authorized by the Director.(1) The Technical Permitting Section shall notify the applicant if the Commission receives an affected person's timely protest. A timely protest is a written protest date-stamped as received by the Commission within 30 calendar days of the date notice is completed or within 30 calendar days of the last date of publication, whichever is later.(2) The applicant shall have 30 days from the date of the Technical Permitting Section's notice of receipt of protest to respond, in writing, by either requesting a hearing or withdrawing the application. If the applicant fails to timely file a written response, the Technical Permitting Section shall consider the application to have been withdrawn.(3) The Technical Permitting Section shall refer all protested applications to the Hearings Division if a timely protest is received and the applicant requests a hearing.(4) The Commission shall provide notice of any hearing convened under this subsection to all affected persons and persons who have requested notice of the hearing.(5) If the Director has reason to believe that a person entitled to notice of an application has not received notice as required by this section, then the Technical Permitting Section shall not take action on the application until notice is provided to such person.(6) The Commission may issue a permit if no timely protests from affected persons are received.(k) Director review. If the Director has reason to believe that a person to whom the applicant was required to give notice of an application has not received such notice, then the Director shall not take action on the application until the applicant has made reasonable efforts to give such person notice of the application and an opportunity to file a protest to the application with the Commission.", "sourceNote": "Source Note: The provisions of this §4.254 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224596", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.255", "label": "General Permit Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224597", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division shall be issued for a term of not more than five years. Permits issued pursuant to this division may be renewed, but are not transferable to another operator without the written approval of the Director.(b) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division shall require that, prior to operating, a stationary commercial solid oil and gas waste recycling facility comply with the financial security requirements of Texas Natural Resources Code, §91.109, relating to Financial Security for Persons Involved in Activities Other than Operation of Wells, as implemented by §3.78 of this title (relating to Fees and Financial Security Requirements).(c) A permit for a stationary commercial solid oil and gas waste recycling facility shall include a condition requiring that the permittee notify the surface owner of the tract upon which recycling will take place and the Commission District Office before recycling operations commence on each tract.", "sourceNote": "Source Note: The provisions of this §4.255 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224597", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.256", "label": "Minimum Permit Provisions for Siting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224598", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for a stationary commercial solid oil and gas waste recycling facility may be issued only if the Director or the Commission determines that the facility is to be located in an area where there is no unreasonable risk of pollution or threat to public health or safety.(b) A stationary commercial solid oil and gas waste recycling facility permitted pursuant to this division is prohibited: (1) within a 100-year flood plain, in a streambed, or in a sensitive area as defined by §4.110 of this title (relating to Definitions); or(2) within 300 feet of surface water or public, domestic, or irrigation water wells.(c) Factors that the Commission will consider in assessing potential risk from a stationary commercial solid oil and gas waste recycling facility include:(1) the volume and characteristics of the oil and gas waste, partially treated waste and recyclable product to be stored, handled, treated and recycled at the facility;(2) depth to and quality of the shallowest groundwater;(3) distance to the nearest property line or public road;(4) proximity to coastal natural resources or sensitive areas as defined by §4.110 of this title, or surface water and/or public, domestic, or irrigation water wells; and(5) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(d) All siting requirements in this section for a stationary commercial solid oil and gas waste recycling facility refer to conditions at the time the facility is constructed.", "sourceNote": "Source Note: The provisions of this §4.256 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224598", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.257", "label": "Minimum Permit Provisions for Design and Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224599", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit issued pursuant to this division for a stationary commercial solid oil and gas waste recycling facility shall contain any requirement that the Director or the Commission determines to be reasonably necessary to ensure that:(1) the design and construction of storage areas, containment dikes, and processing areas minimize contact of oil and gas waste and partially recycled waste with the ground surface, and prevent pollution of surface and subsurface water;(2) the pollution of surface and subsurface water from spills, leachate, and/or discharges from the facility is prevented by:(A) prohibiting the unauthorized discharge of oil and gas waste and other substances or materials, including contaminated stormwater runoff, from the facility to the land surface at and adjacent to the facility or to surface and subsurface water;(B) requiring that the permittee control and remediate spills at the facility; and(C) requiring that the permittee make regular inspections of the facility; and(3) the design and construction of the facility allows for monitoring for, and detection of, any migration of oil and gas waste or other substance or material from the facility.(b) A permit issued for a stationary commercial solid oil and gas waste recycling facility pursuant to this division shall require that the permittee, unless waived by the Technical Permitting Section under §4.257(d) of this title (relating to Minimum Permit Provisions for Operations):(1) install monitoring wells in accordance with 16 Texas Administrative Code, Part 4, Chapter 76, relating to Water Well Drillers and Water Well Pump Installers, if required by the Technical Permitting Section; and(2) submit to the Technical Permitting Section a soil boring log and other information for each well, if required by the Technical Permitting Section.(c) The soil boring log and other information required in subsection (b) of this section shall:(1) describe the soils using the Unified Soils Classification System (equivalent to ASTM D 2487 and 2488);(2) identify the method of drilling, total depth, and the top of the first encountered water or saturated soils;(3) include a well completion diagram for each monitoring well;(4) include a survey elevation for each wellhead reference point; and(5) include a potentiometric map showing static water levels and the direction of groundwater flow.(d) The Commission or the Director may waive any or all of the requirements in subsections (b) and (c) of this section if the permittee demonstrates that an on-site boring to a minimum depth of 100 feet recovers no water during a 24-hour test.(e) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division shall require that the permittee notify the Commission District Office for the county in which the facility is located prior to commencement of construction, including construction of any berms, and again upon completion of construction and that the permittee may commence operations under the permit only after the facility has been inspected by the Commission to ensure that construction of all elements of the facility is consistent with the representations in the application and the requirements of the permit.(f) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division that requires the installation of monitoring wells shall require that the permittee comply with subsections (b) and (c) of this section prior to commencing recycling operations.", "sourceNote": "Source Note: The provisions of this §4.257 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224599", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.258", "label": "Minimum Permit Provisions for Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224600", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division shall contain requirements the Commission determines to be reasonably necessary to ensure that:(1) only wastes and other materials authorized by the permit are received at the facility, including requirements that the permittee test incoming oil and gas waste and keep records of amounts and sources of incoming wastes; and(2) the processing operation and resulting recyclable product meet the environmental and engineering standards established in the permit.(b) A permit for a stationary commercial solid oil and gas waste recycling facility issued under this division may require the permittee to perform a trial run in accordance with the following procedure.(1) The permittee shall notify the District Office for the county in which the facility is located prior to commencement of the trial run.(2) The permittee shall demonstrate the ability to successfully process a 1,000 cubic yard batch of solid oil and gas waste.(A) The Technical Permitting Section and the District Office shall be notified in writing at least 72 hours before waste processing begins.(B) Samples of the partially treated waste shall be collected and analyzed as required by §4.243 of this title (relating to Minimum Permit Provisions for Monitoring).(C) Samples shall be collected from every 200 cubic yards of an 800 cubic yard batch and analyzed for wetting and drying durability by ASTM D 559-96, modified to provide that samples are compacted and molded from finished partially treated waste. The total weight loss after 12 cycles may not exceed 15 percent.(3) The permittee shall sample and analyze the partially treated waste that results from the trial run, and submit to the Director for review a report of the results of the trial run prior to commencing operations.(4) The Director shall approve the trial run if the report demonstrates that the recyclable product meets or exceeds the environmental and engineering standards established in the permit.(5) The permittee shall not use the recyclable product until the Director approves the trial run report.(6) A written report of the trial run shall be submitted to the Technical Permitting Section and the District Office within 60 days of receipt of the analyses required in §4.243 of this title. The following information shall be included:(A) the actual volume of waste material processed;(B) the volume of stabilization material used;(C) copies of all lab analyses required by §4.243 of this title; and(D) the results of the analysis required under paragraph (2)(C) of this subsection.(7) The final recyclable material shall meet the limitations of §4.243 of this title.(c) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division shall include any requirements, including limits on the volumes of oil and gas waste, partially treated waste, and recyclable product stored at the facility, that the Commission determines to be reasonably necessary to ensure that the permittee does not speculatively accumulate oil and gas waste, partially treated waste, and/or recyclable product at the facility without actually processing the oil and gas waste and putting the recyclable product to legitimate commercial use.", "sourceNote": "Source Note: The provisions of this §4.258 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224600", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.259", "label": "Minimum Permit Provisions for Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161508", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division shall include monitoring requirements the Director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the environmental and engineering standards established by the Director or the Commission and included in the permit.(b) Consistent with the requirements of §4.208 of this title (relating to General Standards for Permit Issuance), the Director or the Commission shall establish and include in the permit for a stationary commercial solid oil and gas waste recycling facility the parameters for which the partially treated waste is to be tested, and the limitations on those parameters based on:(1) the type of oil and gas waste to be accepted at the commercial recycling facility; and(2) the intended use for the recyclable product.(c) A permit for a stationary commercial solid oil and gas waste recycling facility may require laboratory testing. A permit that requires laboratory testing shall require that the permittee use an independent third party laboratory to analyze a minimum standard volume of partially treated waste for parameters established in this division or in a permit issued by the Commission.(d) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division from which the recycled product will be used as road base or other similar uses shall include a requirement that a minimum of one sample from each 200 tons of partially treated waste be collected and analyzed for every 800 ton composite for the following minimum parameters and meet the following limits:Attached Graphic(e) Groundwater monitor wells.(1) Groundwater monitor wells, if required, shall be monitored for the following parameters after installation and quarterly thereafter:(A) static water level;(B) benzene;(C) total petroleum hydrocarbons (TPH);(D) total dissolved solids (TDS);(E) chlorides;(F) bromides;(G) sulfates;(H) nitrates;(I) carbonates;(J) calcium;(K) magnesium;(L) sodium; and(M) potassium.(2) Copies of the sampling and analytical results shall be filed semi-annually with the Technical Permitting Section and the District Office.", "sourceNote": "Source Note: The provisions of this §4.259 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161508", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.260", "label": "Minimum Permit Provisions for Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224601", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division shall include closure standards and any requirement reasonably necessary to ensure that the permittee can meet the standards. The Commission shall determine the closure standards for a particular facility based on the type of materials stored, handled and treated at the facility, and the design and construction of the facility. A permit may include requirements for removal of all waste, partially treated waste, and recyclable product; removal of dikes, storage, liners, and equipment; recontouring of the land; collection and analyzing of soil and groundwater samples from the facility property; and post-closure monitoring.", "sourceNote": "Source Note: The provisions of this §4.260 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224601", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.261", "label": "Permit Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224602", "queryAsDate": "03/11/2026" }, "ruleBody": "Before the expiration of a permit issued pursuant to this division, the permittee may submit an application to renew the permit on a Commission prescribed form. An application for renewal of an existing permit issued pursuant to this division shall be submitted in writing a minimum of 60 days before the expiration date of the permit and shall include the permittee's permit number. The application shall comply with the requirements of §4.246 of this title (relating to General Permit Application Requirements for a Stationary Commercial Solid Oil and Gas Waste Recycling Facility), and the notice requirements of §4.254 of this title (relating to Notice). The Director may require the applicant to comply with any of the requirements of §§4.247 - 4.253 of this title (relating to Minimum Engineering and Geologic Information; Minimum Siting Information; Minimum Real Property Information; Minimum Design and Construction Information; Minimum Operating Information; Minimum Monitoring Information; and Minimum Closure Information), depending on any changes made or planned to the construction, operation, monitoring, and/or closure of the facility.", "sourceNote": "Source Note: The provisions of this §4.261 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224602", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.262", "label": "General Permit Application Requirements for Off-Lease Commercial Recycling of Fluid" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224603", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for a permit for off-lease commercial recycling of fluid shall be filed on a Commission prescribed form with the Technical Permitting Section, and on the same day the applicant shall mail or deliver a copy of the application to the Commission District Office for the county in which the facility is to be located. The Technical Permitting Section shall not administratively begin final review of an application unless the Director has determined that the application is complete in accordance with §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). (b) The permit application shall contain the applicant's name; organizational report number; physical office address and, if different, mailing address; facility address; telephone number and the name of a contact person. A permit for a stationary commercial recycling facility also shall contain the facility address.(c) The permit application shall contain information addressing each applicable application requirement of this division and all information necessary to initiate the final review by the Director. The Director shall determine that the application is administratively complete prior to administratively approving an application or referring an application to hearing. If the Director determines that an application is incomplete, the Director shall notify the applicant in writing and shall describe the specific information required to complete the application.(1) An applicant may make no more than two supplemental filings to complete an application.(2) After the second supplemental submission, if the application is complete, the Director shall act on the application. The Director's action on the application shall be:(A) approval if the application meets the requirements of this division and the application has not been protested;(B) referral to the Hearings Division if the application meets the requirements of this division and the application has been protested; or(C) denial if the application does not meet the requirements of this division.(3) If after the second supplemental submission the application is still incomplete, the Director shall administratively deny the application. An application that was administratively denied may be refiled with the Commission on a Commission prescribed form and shall contain all information necessary to initiate the final review by the Director.(4) The Director shall notify the applicant in writing of the administrative decision and, in the case of an administrative denial, the applicant's right to request a hearing on the application as it stands at the time of administrative denial.(d) The Director shall approve or deny a complete application for a permit issued under this division that does not include a request for an exception to the requirements of this division not later than the 90th day after the date the complete application was received by the Commission, unless a protest is filed with the Commission, in which case the Commission may extend the amount of time to approve or deny the application in order to allow for a public hearing on the application pursuant to Chapter 1 of this title (relating to Practice and Procedure). If the Director does not approve or deny the application before that date, the permit application is considered approved, and the applicant may operate under the terms specified in the application for a period of one year.(e) The permit application shall contain the following certification signed and dated by an authorized representative of the applicant: \"I certify that I am authorized to make this application, that this application was prepared by me or under my supervision and direction, and that the data and facts stated herein are true, correct, and complete to the best of my knowledge.\"(f) A person shall file electronically any form or application for which the Commission has provided an electronic version or an electronic filing system or by hard copy if no digital format acceptable to the Commission has been enacted. The operator or person shall comply with all requirements, including but not limited to fees and security procedures, for electronic filing.", "sourceNote": "Source Note: The provisions of this §4.262 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224603", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.263", "label": "Minimum Engineering and Geologic Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224604", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit applicant for off-lease commercial recycling of fluid shall include engineering, geological, or other information necessary to:(1) describe the subsurface geology underlying the facility to a depth of at least 100 feet, including the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, permeability, and other pertinent characteristics;(2) describe the subsurface hydrogeology underlying the facility to a depth of at least 100 feet, including an assessment of the presence and characteristics of permeable and impermeable strata; and(3) evaluate the geology, hydrogeology, and proposed engineering design to show that issuance of the permit will not result in the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, or a threat to the public health or safety.(b) Information for engineering and geological site characterization may be obtained from available information or from a site investigation including installation of soil borings, soil and groundwater sampling, and soil and groundwater analysis. Site-specific investigation information is considered more reliable and, therefore, will have a greater effect on the permit determination.(c) If an operator intends to establish and later rely on actual background concentrations of contaminants in environmental media, then the operator shall collect site-specific soil and groundwater samples for analysis and include these findings with the application.(d) Engineering and geologic work products prepared for the application shall be sealed by a professional engineer or geoscientist licensed in Texas as required by the Texas Occupations Code, Chapters 1001 and 1002, respectively.", "sourceNote": "Source Note: The provisions of this §4.263 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224604", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.264", "label": "Minimum Siting Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161525", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pit permitted under this division is prohibited:(1) where there has been observable groundwater within 100 feet of the ground surface unless the pit design includes a geosynthetic clay liner (GCL) tested using fluids likely to be encountered in the operations of the facility and the test results demonstrated the GCL can sustain a hydraulic conductivity of 1.0 x 10-7cm/sec or less;(2) within a sensitive area as defined by §4.110 of this title (relating to Definitions);(3) within 300 feet of surface water, domestic supply wells, or irrigation water wells;(4) within 500 feet of any public water system wells or intakes;(5) within 1,000 feet of a permanent residence, school, hospital, institution, or church in existence at the time of the initial permitting;(6) within 500 feet of a wetland; or(7) within a 100-year floodplain.(b) A permit application for off-lease commercial recycling of fluid shall include:(1) a description of the proposed facility site and surrounding area;(2) the name, physical address and, if different, mailing address, and telephone number of every owner of the tract on which the facility is to be located. If any owner is not an individual, the applicant shall include the name of a contact person for that owner;(3) the depth to the shallowest subsurface water and the direction of groundwater flow at the proposed site, and the source of this information;(4) the average annual precipitation and evaporation at the proposed site and the source of this information;(5) the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, and other pertinent characteristics, and the source of this information;(6) a copy of a county highway map with a scale and north arrow showing the location of the proposed facility; and(7) a United States Geological Survey (USGS) topographic map or an equivalent topographic map which shows the facility including the items listed in subparagraphs (A)-(K) of this paragraph and any other pertinent information regarding the regulated facility and associated activities. Maps shall be on a scale of not less than one inch equals 2,000 feet. The map shall show the following:(A) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(B) a clear outline of the proposed facility's boundaries;(C) the location of any pipelines within 500 feet of the facility;(D) the distance from the facility's outermost perimeter boundary to public and private water wells, residences, schools, churches, and hospitals that are within 500 feet of the boundary; (E) for disposal only, the location of all residential and commercial buildings within a one-mile radius of the facility boundary;(F) all water wells within a one-mile radius of the facility boundary;(G) the location of the 100-year flood plain and the source of the flood plain information;(H) surface water bodies within the map area;(I) the location of any major and minor aquifers within the map area;(J) the boundaries of any prohibited areas defined under §4.153 of this title (relating to Commercial Disposal Pits); and(K) any other information requested by the Director reasonably related to the prevention of pollution.(c) Factors that the Commission will consider in assessing potential risk from off-lease commercial recycling of fluid include:(1) the volume and characteristics of the oil and gas waste, partially treated waste and recyclable product to be stored, handled, treated and recycled at the facility;(2) proximity to coastal natural resources or sensitive areas as defined by §4.110 of this title; and(3) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(d) All siting requirements in this section for off-lease commercial recycling of fluid refer to conditions at the time the equipment and tanks used in the recycling are placed.", "sourceNote": "Source Note: The provisions of this §4.264 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161525", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.265", "label": "Minimum Real Property Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224605", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for off-lease commercial recycling of fluid shall include a copy of the signed lease agreement between the applicant and the owner of the tract upon which the facility is to be located.(b) A permit application for off-lease commercial recycling of fluid shall identify the location of the facility by including a plat or plats showing:(1) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(2) the site coordinates in degrees, minutes, and seconds of longitude and latitude;(3) a clear outline of the proposed facility's boundaries;(4) all tracts adjoining the tract upon which the facility is to be located;(5) the name of the surface owner or owners of such adjoining tracts; and(6) the distance from the facility's outermost perimeter boundary to water wells, residences, schools, churches, or hospitals that are within 500 feet of the boundary.", "sourceNote": "Source Note: The provisions of this §4.265 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224605", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.266", "label": "Minimum Design and Construction Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224606", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pit permitted under this division shall be designed, built, and maintained as follows.(1) The pit shall contain the material placed in the pit and prevent releases, overflow, or failure.(2) The maximum depth from the natural surface elevation shall not exceed 22 feet.(3) The foundation and interior slopes shall consist of a firm, unyielding base, smooth and free of rocks, debris, sharp edges, or irregularities to prevent the liner's rupture or tear. All interior and exterior surfaces of the pit shall be smooth drum rolled.(4) The pit sides and berms shall have interior and exterior grades no steeper than three horizontal feet to one vertical foot (3H:1V). The top of the berm shall be wide enough to provide adequate room for inspection, maintenance, and any other structural or construction requirements.(A) Fill for berms shall be placed and compacted in continuous lifts with a maximum loose lift thickness of 10 inches, compacted to eight inches.(B) Berm fill shall be compacted to at least 95% of maximum dry density determined by the Standard Proctor (ASTM D698) and at moisture content within +2% to -2% of optimum moisture content as determined by a standard proctor soil test on samples from the source area. One nuclear density test shall be conducted for each 2,500 cubic yards, and the applicant shall provide compaction testing results upon completion.(5) Both primary and secondary liners in a pit shall be geomembrane liners composed of ASTM GRI-13 compliant materials and be impervious, synthetic material that is resistant to ultraviolet light, petroleum hydrocarbons, salts, and acidic and alkaline solutions. Each pit shall incorporate, at a minimum, a liner system as follows:(A) The primary liner shall be constructed with a minimum 60-mil high density polyethylene (HDPE) for any pit under this subsection permitted after July 1, 2025.(B) A leak detection system shall be placed between the primary and secondary geomembrane liners that shall consist of 200-mil biplanar geonet or geo-composite equivalent. The leak detection system shall consist of a properly designed drainage and collection and removal system placed above the secondary geomembrane liner in depressions and sloped to facilitate the earliest possible leak detection. The leak detection system shall be designed with the capability of removing a minimum of 1,000 gallons of leachate per acre per day or an alternative action leakage rate shall be calculated.(C) The secondary liner shall be constructed with a minimum 40-mil HDPE for any pit under this subsection permitted after July 1, 2025. If the depth to groundwater is less than 100 feet below the ground surface, the secondary liner shall include a geosynthetic clay liner.(D) A geotextile (felt) liner shall be placed under the secondary liner and in contact with the prepared ground surface.(6) The edges of all liners shall be anchored in the bottom of a compacted earth-filled trench that is at least 24 inches deep and shall be performed in accordance with the manufacturer's instructions.(7) Field seams in geosynthetic material shall be performed in accordance with the manufacturer's instructions and include the following considerations:(A) Field seams in geosynthetic material shall be minimized and oriented perpendicular to the slope of the berm, not parallel.(B) Prior to field seaming, the operator shall overlap liners a minimum of four to six inches. The operator shall minimize the number of field seams and corners and irregularly shaped areas. There shall be no horizontal seams within five feet of the slope's toe.(C) Qualified personnel shall perform field seam welding and testing. Documented quality assurance/quality control testing reports shall be maintained for the life of the liner.(8) At a point of discharge into or suction from the pit, the operator shall ensure that the liner is protected from excessive hydrostatic force or mechanical damage.(9) All piping and equipment that is in contact with the liner shall be secured to prevent liner wear and damage.(10) There shall be no penetrations of the liner system.(11) The pit shall be designed to prevent run-on of any non-contact stormwater, precipitation, or surface water. The pit shall be surrounded by a berm, ditch, or other diversion to prevent run-on of any non-contact stormwater, precipitation, or surface water.(12) The pit shall be designed to operate with a minimum two feet of freeboard plus the capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event.(b) Tanks and treatment equipment shall be located within a secondary containment system.(c) A permit application for off-lease commercial recycling of fluid shall include the layout and design of the facility by including a plat drawn to scale with north arrow to top of the map showing the location and information on the design and size of all receiving, processing, and storage areas and all equipment, tanks, silos, monitor wells, dikes, fences, and access roads.(d) A permit application for off-lease commercial recycling of fluid also shall include:(1) a description of the type and thickness of liners (e.g., fiberglass, steel concrete), if any, for all tanks, silos, pits, and storage areas/cells;(2) for storage areas where tanks and/or liners are not used, credible engineering and/or geologic information demonstrating that tanks or liners are not necessary for the protection of surface and subsurface water;(3) a map view and two perpendicular cross-sectional views of pits and/or storage areas/cells to be constructed, showing the bottom, sides, and dikes, showing the dimensions of each; (4) a plan to control and manage storm water runoff and to retain incoming wastes during wet weather, including the location and dimensions of berms and/or storage basins that would collect stormwater from the facility, at a minimum, during a 25-year, 24-hour rainfall event, and all calculations made to determine the required capacity and design; and(5) a plan for the installation of monitoring wells at the facility.", "sourceNote": "Source Note: The provisions of this §4.266 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224606", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.267", "label": "Minimum Operating Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224607", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for off-lease commercial recycling of fluid shall include the following operating information:(1) the estimated maximum volume of untreated oil and gas waste and partially treated oil and gas waste to be stored at the facility;(2) the estimated maximum volume and time that the recyclable product will be stored at the facility;(3) a plan to control unauthorized access to the facility; (4) a detailed waste acceptance plan that:(A) identifies anticipated volumes and specific types of oil and gas wastes (e.g., hydraulic fracturing flowback fluid and/or produced water) to be accepted at the facility for treatment and recycling; and(B) provides for testing of wastes to be processed to ensure that only oil and gas waste authorized by this division or the permit will be received at the facility;(5) plans for keeping records of the source and volume of wastes accepted for recycling in accordance with the permit, including maintenance of records of the source of waste received by well number, API number, lease or facility name, lease number and/or gas identification number, county, and Commission district;(6) a general description of the recycling process to be employed; a flow diagram showing the process and identifying all equipment and chemicals or additives to be used in the process; and the Safety Data Sheets (SDS) for any chemical or additive;(7) a description of any testing to be performed to demonstrate that the proposed processing will result in a recyclable product that meets the health, safety, and environmental standards for the proposed use; and(8) an estimate of the duration of operation of the proposed facility.", "sourceNote": "Source Note: The provisions of this §4.267 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224607", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.268", "label": "Minimum Monitoring Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224608", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for off-lease commercial recycling of fluid shall include:(1) a sampling plan for the partially treated waste to ensure compliance with permit conditions and reuse requirements;(2) a plan for sampling any monitoring wells at an off-lease commercial recycling of fluid facility as required by the permit and this division; and(3) a plan to verify that fluid oil and gas wastes are confined to the facility pits, tanks, and processing areas, and a schedule for conducting periodic inspections, including plans to inspect pits and liner systems, equipment, processing, and other waste storage areas.", "sourceNote": "Source Note: The provisions of this §4.268 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224608", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.269", "label": "Minimum Closure Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224609", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for off-lease commercial recycling of fluid shall include a closure cost estimate (CCE) sealed by a professional engineer licensed in Texas.(1) The CCE shall show all assumptions and calculations used to develop the estimate. The following assumptions are required:(A) The facility is in compliance with permit conditions.(B) The facility will be closed according to the permit or approved closure plan, under which collecting pits shall be dewatered, emptied and demolished prior to backfilling; all remaining waste will be disposed of at an authorized facility; and the facility will be restored to its native state unless otherwise authorized by the permit.(C) None of the operator's equipment or facilities that may have otherwise been available at the time of closure (e.g., disposal wells, land treatment facilities, trucks, bulldozers, and employees) are available to assist in the closure.(D) The facility is at maximum capacity. All tanks and pits are full of waste.(E) Storage tanks and pits contain basic sediment and water in normal operating proportions, with a minimum volume of at least 10% basic sediment.(2) The CCE shall not assess a salvage value for any material or equipment at the facility.(3) The CCE shall include costs for sampling and analysis of soil for the areas around each waste management unit, including tank batteries, pads, and all former pits unless closure of an individual pit was previously approved by the Technical Permitting Section.(4) The CCE shall show unit costs for all material, equipment, services, and labor needed to close the facility. Units and fees used shall be appropriate for the type of waste material to be disposed. For example, disposal units for saltwater shall be reported in oil barrels rather than gallons. The CCE shall be specific and shall state the source or basis for the specific unit cost, including the following:(A) the permitted waste hauler to be used and the hauler's mileage rate;(B) the distance that waste will be transported for disposal;(C) the name of each facility where waste will be taken and the disposal costs for that facility;(D) the source of any material being brought to the facility, such as clean fill material;(E) calculations for earth-moving equipment time and cost needed to move the fill dirt if fill dirt will be taken from the property;(F) the total labor costs, including the titles and billing rates for personnel; and(G) the quantity of each unit cost item and how the total quantity was determined (for example, cubic yards of material divided by size of load equals total number of loads).(5) The CCE shall include maps and illustrations such as facility plans and photographs that show the current condition of the facility, and/or the condition of the facility upon reaching maximum permit conditions.(6) For facilities with groundwater monitoring wells, the CCE shall include costs to plug and abandon the monitoring wells.(7) For facilities that will require post-closure monitoring, the CCE shall include costs for a minimum of five years of monitoring.(8) The CCE shall show all calculations used to arrive at total maximum closure costs.(9) For all estimates submitted for existing facilities, a NORM screening survey of the facility shall be submitted. NORM screening surveys shall be performed using a properly calibrated scintillation meter with a sodium iodide detector (or equivalent), with the results reported in microroentgens per hour. Manufacturer's specifications and relevant calibration records shall be submitted to the Technical Permitting Section for all devices used for NORM detection. All equipment, including piping, pumps, and vessels shall be surveyed. Readings shall be taken around the perimeter of all pits and to the extent possible, over the pits. The ground surrounding the equipment and pits shall be surveyed in a systematic grid pattern. At a minimum, the following information shall be reported:(A) the date of the survey;(B) the instrument used and the last calibration date;(C) a background reading;(D) a site diagram showing where all readings, including the background, were taken; and(E) the readings (in microroentgens per hour).(10) If fill dirt will be excavated from the property to achieve closure, a restrictive covenant shall be submitted with the CCE. If the restrictive covenant requirements are not provided, the CCE shall assume that fill dirt is purchased from a commercial supplier. For a restrictive covenant, the following requirements shall be met whether the operator owns or leases the property:(A) The operator shall provide a letter from the property owner specifically stating that the owner agrees that the material, which is described with specificity as to location, type and amount consistent with what is in the closure plan, will be available for closure whether the operator or the state performs closure, and agreeing to a restrictive covenant that reserves use of the material for closure.(B) The operator shall submit an unsigned draft restrictive covenant on a Commission prescribed form. Once the Commission approves the closure cost and closure plan, the operator will be notified to submit a signed original of the restrictive covenant. The Commission will sign its portion of the restrictive covenant and return it to the operator for filing in the real property records of the county where the property is located. Once filed in the real property records, the operator shall provide the Commission with a certified copy.(C) If the facility operator leases the property, the operator shall provide to the Commission a copy of an amendment or addendum to the lease between the operator and the surface owner with a clause that specifically reserves use of material and states that the reservation shall inure to the Commission (as third party beneficiary of this provision) if the Commission must initiate actions to close the facility.(D) The operator shall submit supporting documentation showing that the dimensions of the restrictive covenant area can realistically store a stockpile in the amount needed. If soil will be excavated from the restrictive covenant area rather than stockpiled, the supporting documentation shall show the depth of the excavation is limited to what can be graded to prevent storm water from ponding in the excavated area.(11) After the CCE has been calculated, an additional 10% of that amount shall be added to the total amount of the CCE to cover contingencies.(b) A permit application for off-lease commercial recycling of fluid shall include a detailed plan for closure of the facility when operations terminate and include the required elements of §4.276 of this title (relating to Minimum Permit Provisions for Closure). The closure plan shall address how the applicant intends to:(1) remove waste, partially treated waste, and/or recyclable product from the facility;(2) close all storage pits, treatment equipment, and associated piping and other storage or waste processing equipment;(3) remove berms and equipment;(4) contour and reseed disturbed areas with geographically appropriate vegetation including the source of water intended to establish the reseeded areas of the facility;(5) sample and analyze soil and groundwater throughout the facility; and(6) plug groundwater monitoring wells.", "sourceNote": "Source Note: The provisions of this §4.269 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224609", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.270", "label": "Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224610", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Applicants are encouraged to engage with their communities early in the commercial recycling facility planning process to inform the community of the plan to construct a facility for off-lease commercial recycling of facility and allow those who may be affected by the proposed activities to express their concerns. The purpose of the notice required by this section is to inform notice recipients:(1) that an applicant has filed a permit application with the Commission, seeking authorization to conduct an activity or operate a facility; and(2) of the requirements for filing a protest if an affected person seeks to protest the permit application.(b) Timing of notice. The applicant shall provide notice after staff determines that an application for a facility for off-lease commercial recycling of fluid is complete pursuant to §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). The date notice is completed begins a 30-day period in which an affected person may file a protest of the application with the Commission.(c) Notice recipients. The applicant shall provide notice to:(1) the surface owners of the tract on which the commercial recycling facility will be located;(2) the surface owners of tracts located within a distance of 1/2-mile from the fence line or edge of the facility as shown on the plat required under §4.265(b) of this title (relating to Minimum Real Property Information) of the facility's fence line or boundary, even if the surface owner's tract is not adjacent to the tract on which the commercial recycling facility is located.(3) the city clerk or other appropriate city official if any part of the tract on which the commercial recycling facility will be located lies within the municipal boundaries of the city;(4) the Commission's District Office; and(5) any other person or class of persons that the Director determines should receive notice of an application.(d) Method and contents of notice. Unless otherwise specified in this subchapter, the applicant shall provide direct notice to the persons specified in subsection (c) of this section as follows.(1) The applicant shall provide notice by registered or certified mail. Notice is completed upon deposit of the document postpaid and properly addressed to the person's last known address with the United States Postal Service. (2) The notice of the permit application shall consist of a complete copy of the application and any attachments. The copy shall be of the application and attachments after staff determines the application is complete pursuant to §1.201(b) of this title but before the final review is completed.(3) The notice shall include a letter that contains:(A) the name of the applicant;(B) the date of the notice;(C) the name of the surface owners of the tract on which the proposed commercial recycling facility will be located;(D) the location of the tract on which the proposed commercial recycling facility will be located including a legal description of the tract, latitude/longitude coordinates of the proposed facility, county, original survey, abstract number, and the direction and distance from the nearest municipality or community;(E) the types of fluids to be recycled at the commercial recycling facility;(F) the recycling method proposed and the proposed end-use of the recycled material;(G) a statement that an affected person may protest the application by filing a written protest with the Commission within 30 calendar days of the date notice is completed;(H) a statement that a protest shall include the protestant's name, mailing address, telephone number, and email address;(I) the address to which protests may be mailed or the location and instructions for electronic submittal of a protest if the Commission implements an electronic means for filing protests;(J) the definition of \"affected person\" pursuant to §4.110 of this title (relating to Definitions); and(K) the signature of the operator, or representative of the operator, and the date the letter was signed.(4) If the Director finds that a person to whom the applicant was required to give notice of an application has not received such notice, then the Director shall not take action on the application until the applicant has made reasonable efforts to give such person notice of the application and an opportunity to file a protest to the application with the Commission.(e) Proof of notice. After the applicant provides the notice required by this section, the applicant shall submit to the Commission proof of delivery of notice which shall consist of:(1) a copy of the signed and dated letters required by subsection (d)(3) of this section;(2) the registered or certified mail receipts; and(3) a map showing the property boundaries, surface owner names, and parcel numbers of all notified parties.(f) Protest process. Any statement of protest to an application must be filed with the Commission within 30 calendar days from the date notice is completed or from the last date of publication if notice by publication is authorized by the Director.(1) The Technical Permitting Section shall notify the applicant if the Commission receives an affected person's timely protest. A timely protest is a written protest date-stamped as received by the Commission within 30 calendar days of the date notice is completed. (2) The applicant shall have 30 days from the date of the Technical Permitting Section's notice of receipt of protest to respond, in writing, by either requesting a hearing or withdrawing the application. If the applicant fails to timely file a written response, the Technical Permitting Section shall consider the application to have been withdrawn.(3) The Technical Permitting Section shall refer all protested applications to the Hearings Division if a timely protest is received and the applicant requests a hearing.(4) The Commission shall provide notice of any hearing convened under this subsection to all affected persons and persons who have requested notice of the hearing.(5) If the Director has reason to believe that a person entitled to notice of an application has not received notice as required by this section, then the Technical Permitting Section shall not take action on the application until notice is provided to such person.(6) The Commission may issue a permit if no timely protests from affected persons are received.", "sourceNote": "Source Note: The provisions of this §4.270 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224610", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.271", "label": "General Permit Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224611", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for off-lease commercial recycling of fluid issued pursuant to this division shall be valid for a term of not more than two years. Permits issued pursuant to this division may be renewed, but are not transferable to another operator without the written approval of the Director.(b) A permit issued pursuant to this division shall require that, prior to operating, off-lease commercial recycling of fluid comply with the financial security requirements of Texas Natural Resources Code, §91.109, relating to Financial Security for Persons Involved in Activities Other than Operation of Wells, as implemented by §3.78 of this title (relating to Fees and Financial Security Requirements).(c) A permit for off-lease commercial recycling of fluid shall include a condition requiring that the permittee notify the surface owner of the tract upon which recycling will take place and the Commission District Office before recycling operations commence on each tract.", "sourceNote": "Source Note: The provisions of this §4.271 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224611", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.272", "label": "Minimum Permit Provisions for Siting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224612", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for off-lease commercial recycling of fluid may be issued only if the Director or the Commission determines that the facility is to be located in an area where there is no unreasonable risk of pollution or threat to public health or safety. (b) Off-lease commercial recycling of fluid permitted pursuant to this division is prohibited:(1) within a 100-year flood plain, in a streambed, or in a sensitive area as defined by §4.110 of this title (relating to Definitions); or(2) within 300 feet of surface water or public, domestic, or irrigation water wells.(c) Factors that the Commission will consider in assessing potential risk from off-lease commercial recycling of fluid include:(1) the volume and characteristics of the oil and gas waste, partially treated waste and recyclable product to be stored, handled, treated and recycled at the facility;(2) distance to any surface water body, wet or dry;(3) depth to and quality of the shallowest groundwater;(4) distance to the nearest property line or public road;(5) proximity to coastal natural resources, sensitive areas as defined by §4.110 of this title, or water supplies, and/or public, domestic, or irrigation water wells; and(6) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(d) All siting requirements in this section refer to conditions at the time the facility is constructed.", "sourceNote": "Source Note: The provisions of this §4.272 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224612", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.273", "label": "Minimum Permit Provisions for Design and Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224613", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit issued pursuant to this division shall contain any requirement that the Director or the Commission determines to be reasonably necessary to ensure that:(1) the design and construction of storage areas, containment dikes, and processing areas minimize contact of oil and gas waste and partially recycled waste with the ground surface, and prevent pollution of surface and subsurface water;(2) the pollution of surface and subsurface water from spills, leachate, and/or discharges from the facility is prevented by:(A) prohibiting the unauthorized discharge of oil and gas waste and other substances or materials, including contaminated stormwater runoff, from the facility to the land surface at and adjacent to the facility or to surface and subsurface water;(B) requiring that the permittee control spills at the facility; and(C) requiring that the permittee make regular inspections of the facility; and(3) the design and construction of the facility allows for monitoring for, and detection of, any migration of oil and gas waste or other substance or material from the facility.(b) A permit issued for off-lease commercial recycling of fluid pursuant to this division shall require that the permittee, unless waived by the Technical Permitting Section under §4.273(d) of this title (relating to Minimum Permit Provisions for Operations):(1) install monitoring wells in accordance with 16 Texas Administrative Code, Part 4, Chapter 76, relating to Water Well Drillers and Water Well Pump Installers if required by the Technical Permitting Section; and(2) if required by the Technical Permitting Section, submit a soil boring log and other information for each well.(c) The soil boring log and other information required in subsection (b) of this section shall:(1) describe the soils using the Unified Soils Classification System (equivalent to ASTM D 2487 and 2488);(2) identify the method of drilling, total depth, and the top of the first encountered water or saturated soils;(3) include a well completion diagram for each monitoring well;(4) include a survey elevation for each wellhead reference point; and(5) include a potentiometric map showing static water levels and the direction of groundwater flow.(d) The Commission or the Director may waive any or all of the requirements in subsections (b) and (c) of this section if the permittee demonstrates that an on-site boring to a minimum depth of 100 feet recovers no water during a 24-hour test.(e) A permit for off-lease commercial recycling of fluid issued pursuant to this division shall require that the permittee notify the Commission District Office for the county in which the facility is located prior to commencement of construction, including construction of any berms, and again upon completion of construction and that the permittee may commence operations under the permit only after the facility has been inspected by the Commission to ensure that construction of all elements of the facility is consistent with the representations in the application and the requirements of the permit.(f) An operator shall not locate material excavated during construction:(1) within 100 feet of a continuously flowing watercourse or significant watercourse;(2) within 200 feet from a lakebed, sinkhole, stock pond or lake (measured from the ordinary high-water mark), or any other watercourse;(3) within 100 feet of a wetland; or(4) within a 100-year floodplain.(g) The following requirements apply to signage, fencing, and security.(1) A sign shall be posted at each entrance to the facility. The sign shall be readily visible and show the operator's name, facility name, and permit number in letters and numerals at least three inches in height.(2) A sign shall be posted identifying the permit number of each pit using letters and numerals at least three inches in height. The signs shall clearly state that the fluid within the pit is not potable or suitable for consumption.(3) The facility shall maintain security to prevent unauthorized access. Security shall be maintained by a 24-hour attendant or a six-foot-high security fence and locked gate when unattended.(h) Any pit associated with an off-lease commercial fluid recycling facility permitted pursuant to this division after July 1, 2025, shall comply with the requirements of §4.265(a) of this title (relating to Minimum Design and Construction Information).", "sourceNote": "Source Note: The provisions of this §4.273 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224613", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.274", "label": "Minimum Permit Provisions for Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224614", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for off-lease commercial recycling of fluid issued pursuant to this division shall contain requirements the Commission determines to be reasonably necessary to ensure that:(1) only wastes and other materials authorized by the permit are received at the facility, including requirements that the permittee test incoming oil and gas waste and keep records of amounts and sources of incoming wastes; and(2) the processing operation and resulting recyclable product meet the environmental and engineering standards established in the permit.(b) A permit for a facility issued under this division may require the permittee to perform a trial run in accordance with the following procedure.(1) The operator shall notify the Commission District Office for the county in which the facility is located prior to commencement of the trial run.(2) The operator shall sample and analyze the partially treated waste that results from the trial run, and submit to the Director for review a report of the results of the trial run prior to commencing operations.(3) The Director shall approve the trial run if the report demonstrates that the recyclable product meets or exceeds the environmental and engineering standards established in the permit.(4) The operator shall not use the recyclable product until the Director approves the trial run report.(c) A permit issued pursuant to this division shall include any requirements, including limits on the volumes of oil and gas waste, partially treated waste, and recyclable product stored at the facility, that the Commission determines to be reasonably necessary to ensure that the permittee does not speculatively accumulate oil and gas waste, partially treated waste, and/or recyclable product at the facility without actually processing the oil and gas waste and putting the recyclable product to legitimate commercial use.(d) A permit issued pursuant to this division shall include a requirement that the operator of the facility comply with the requirements of §3.56 of this title (relating to Scrubber Oil and Skim Hydrocarbons), if applicable.(e) Oil shall not accumulate on top of the produced or treated water stored in the tanks and pits. Any oil on top of the liquids shall be skimmed off and handled in accordance with Commission rules. Any recovered oil shall be recorded and filed with the Commission on the appropriate forms or through an electronic filing system when implemented by the Commission.", "sourceNote": "Source Note: The provisions of this §4.274 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224614", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.275", "label": "Minimum Permit Provisions for Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224615", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Operational monitoring.(1) The operator shall inspect the pits, tanks, and processing equipment weekly. The operator shall maintain a current log of such inspections and make the log available for review by the Commission upon request.(2) The leak detection system shall be monitored on a weekly basis to determine if the primary liner has failed. The primary liner has failed if the volume of water passing through the primary liner exceeds the action leakage rate, as calculated using accepted procedures, or 1,000 gallons per acre per day, whichever is smaller.(3) The operator of the pit shall keep records to demonstrate compliance with the pit liner integrity requirements and shall make the records available to the Commission upon request.(4) If the primary liner is compromised below the fluid level in the pit, the operator shall remove all fluid above the damage or leak within 48 hours of discovery, notify the District Office, and repair the damage or replace the primary liner with a liner meeting the same levels of protection, at a minimum. The pit shall not be returned to service until the liner has been repaired or replaced and inspected by the District Office.(5) If the pit's primary liner is compromised above the fluid level in the pit, the operator shall repair the damage or initiate replacement of the primary liner, with a liner meeting the same levels of protection, at a minimum, within 48 hours of discovery or seek an extension of time from the District Office.(6) If groundwater monitoring wells are required, no waste shall be received at the facility until all permitted groundwater monitoring wells have been completed, developed, and sampled. The documentation of these activities shall be provided to the Commission within 30 days after installation of groundwater monitoring wells. Groundwater samples will be analyzed for the parameters in Figure 1. Attached Graphic(7) If an operator has determined the background analyte concentrations in soil and/or groundwater, those site-specific background levels shall be signed and sealed by a professional geoscientist or professional engineer licensed in Texas and, if accepted by the Director, may be included in the permit as appropriate monitoring standards.(b) Recyclable product monitoring.(1) A permit for off-lease commercial recycling fluid issued pursuant to this division shall include monitoring requirements the Director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the environmental and engineering standards established by the Director or the Commission and included in the permit.(2) A permit under this division for use of the treated fluid for any purpose other than re-use as makeup water for hydraulic fracturing fluids to be used in other wells may require laboratory testing. A permit that requires laboratory testing shall require that the permittee use an independent third party laboratory to analyze a minimum standard volume of partially treated waste for parameters established in this division or in a permit issued by the Commission.(c) Quarterly reporting. A permit issued under this division shall include provisions for filing quarterly reports documenting the fluid volumes into and out of the system in a form and manner prescribed by the Director.", "sourceNote": "Source Note: The provisions of this §4.275 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224615", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.276", "label": "Minimum Permit Provisions for Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224616", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notifications.(1) The operator shall notify the Commission within 60 days after the cessation of operations.(2) The operator shall notify the Commission 45 days before the commencement of closure activities.(b) Time requirements for closure.(1) Once the operations have ceased, the operator shall complete closure of the facility within one year.(2) The Commission may grant an extension to close the facility not to exceed one additional year, provided all fluid has been removed and the operator attests to its plans for future operation.(3) If the operator intends to use the pit for a purpose other than recycling, then the operator shall have that use approved or permitted by the Commission in accordance with the appropriate rules.(c) Fluid and waste removal.(1) The operator shall remove all fluids from the treatment equipment and tanks within 60 days of the date the operations cease. The contents of all tanks, vessels, or other containers shall be disposed of in an authorized manner. All equipment shall be removed and salvaged, if possible, or disposed of in an authorized manner.(2) The operator shall remove all fluids from pits within six months of the date operations cease.(3) All wastes, including the pit liners, shall be removed and disposed of in an authorized manner.(4) Any concrete areas and access roads shall be cleaned and demolished, and the concrete rubble and wash water shall be disposed of in an authorized manner.(5) All visibly contaminated soils shall be excavated and removed. The contaminated soil shall be disposed of in an authorized manner.(d) Confirmation sampling and analysis.(1) After the removal of wastes and visibly contaminated soils, grab samples shall be collected from around and underneath each pit, processing area, and waste storage, and the samples shall be analyzed for the parameters listed in Figure 1. The Commission may require samples from areas underneath concrete.Attached Graphic(2) The minimum number of grab samples required is as follows:(A) for pits, five samples per acre of surface area, with a minimum of four samples; and(B) for areas containing treatment equipment and storage tanks, five samples per acre of surface area.(3) Any soil sample that exceeds the parameter limitations specified in Figure 1 in this subsection or in site-specific limitations established in the permit is considered waste and shall be disposed of at an authorized disposal facility.(4) If any soil samples exceed the parameter limitations specified in Figure 1 in this subsection or in site-specific limitations established in the permit, the operator shall prepare and submit a plan for confirmation, delineation, and remediation, if necessary.(e) The facility shall be restored to a safe and stable condition that blends with the surrounding land. Topsoil and subsoils shall be replaced and contoured so as to achieve erosion control, long-term stability, and preservation of surface water flow patterns at locations where any surface water entered or exited the property boundary prior to waste management or recycling activities at the facility. Final surface grading of the pits and the storage tank battery areas shall be accomplished in such a manner that water will not collect at these former locations. The site shall be re-vegetated as appropriate for the geographic region and include a planned water source to establish the re-vegetated areas.(f) Within 60 days of closure completion, the operator shall submit a closure report, including required attachments, to document all closure activities including sampling results and the details on any backfilling, capping, or covering, where applicable. The closure report shall certify that all information in the report and attachments is correct, and that the operator has complied with all applicable closure requirements and conditions specified in Commission rules or directives.(g) The operator shall notify the Commission when closure and re-vegetation are complete. The Commission shall not release financial security to the operator until all post-closure activities are approved by the Commission.(h) The Commission will inspect the site and verify compliance with closure requirements.", "sourceNote": "Source Note: The provisions of this §4.276 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224616", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.277", "label": "Permit Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224617", "queryAsDate": "03/11/2026" }, "ruleBody": "Before the expiration of a permit issued pursuant to this division, the permittee may submit an application to renew the permit on a Commission prescribed form. The application for renewal of an existing permit issued pursuant to this division shall be submitted in writing a minimum of 60 days before the expiration date of the permit and shall include the permittee's permit number. The application shall comply with the requirements of §4.262 of this title (relating to General Permit Application Requirements for Off-Lease Commercial Recycling of Fluid), and the notice requirements of §4.270 of this title (relating to Notice). The Director may require the applicant to comply with any of the requirements of §§4.263 - 4.269 of this title (relating to Minimum Engineering and Geologic Information; Minimum Siting Information; Minimum Real Property Information; Minimum Design and Construction Information; Minimum Operating Information; Minimum Monitoring Information; and Minimum Closure Information), depending on any changes made or planned to the construction, operation, monitoring, and/or closure of the facility.", "sourceNote": "Source Note: The provisions of this §4.277 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224617", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.278", "label": "General Permit Application Requirements for a Stationary Commercial Fluid Recycling Facility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224618&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224618", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for a permit for a stationary commercial fluid recycling facility shall be filed with the Technical Permitting Section on a Commission prescribed form, and on the same day the applicant shall mail or deliver a copy of the application to the Commission District Office for the county in which the facility is to be located. The Technical Permitting Section shall not administratively begin final review of an application unless the Director has determined that the application is complete in accordance with §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). (b) The permit application shall contain the applicant's name; organizational report number; physical office address and, if different, mailing address; facility address; telephone number; and the name of a contact person.(c) The permit application shall contain information addressing each applicable application requirement of this division and all information necessary to initiate the final review by the Director. The Director shall neither administratively approve an application nor refer an application to hearing unless the Director has determined that the application is administratively complete. If the Director determines that an application is incomplete, the Director shall notify the applicant in writing and shall describe the specific information required to complete the application.(1) An applicant may make no more than two supplemental filings to complete an application.(2) After the second supplemental submission, if the application is complete, the Director shall act on the application. The Director's action on the application shall be:(A) approval if the application meets the requirements of this division and the application has not been protested;(B) referral to the Hearings Division if the application meets the requirements of this division and the application has been protested; or(C) denial if the application does not meet the requirements of this division.(3) If after the second supplemental submission the application is still incomplete, the Director shall administratively deny the application. An application that was administratively denied may be refiled with the Commission on a Commission prescribed form and shall contain all information necessary to initiate the final review by the Director.(4) The Director shall notify the applicant in writing of the administrative decision and, in the case of an administrative denial, the applicant's right to request a hearing on the application as it stands at the time of administrative denial.(d) The Director shall approve or deny a complete application for a permit issued under this division that does not include a request for an exception to the requirements of this division not later than the 90th day after the date the complete application was received by the Commission, unless a protest is filed with the Commission, in which case the Commission may extend the amount of time to approve or deny the application in order to allow for a public hearing on the application pursuant to Chapter 1 of this title (relating to Practice and Procedure). If the Director does not approve or deny the application before that date, the permit application is considered approved and the applicant may operate under the terms specified in the application for a period of one year.(e) The permit application shall contain the following certification signed and dated by an authorized representative of the applicant: \"I certify that I am authorized to make this application, that this application was prepared by me or under my supervision and direction, and that the data and facts stated herein are true, correct, and complete to the best of my knowledge.\"(f) A person shall file electronically any form or application for which the Commission has provided an electronic version or an electronic filing system or by hard copy if no digital format acceptable to the Commission has been enacted. The operator or person shall comply with all requirements, including but not limited to fees and security procedures, for electronic filing.", "sourceNote": "Source Note: The provisions of this §4.278 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224618&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224618", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.279", "label": "Minimum Engineering and Geologic Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224619", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit applicant for a stationary commercial fluid recycling facility shall include engineering, geological, or other information necessary to:(1) describe the subsurface geology underlying the facility to a depth of at least 100 feet, including the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, permeability, and other pertinent characteristics;(2) describe the subsurface hydrogeology underlying the facility to a depth of at least 100 feet, including an assessment of the presence and characteristics of permeable and impermeable strata; and(3) evaluate the geology, hydrogeology, and proposed engineering design to show that issuance of the permit will not result in the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, or a threat to the public health or safety.(b) Information for engineering and geological site characterization may be obtained from available information or from a site investigation including installation of soil borings, soil and groundwater sampling, and soil and groundwater analysis. Site-specific investigation information is considered more reliable and, therefore, will have a greater effect on the permit determination.(c) If an operator intends to establish and later rely on actual background concentrations of contaminants in environmental media, then the operator shall collect site-specific soil and groundwater samples for analysis and include these findings with the application.(d) Engineering and geologic work products prepared for the application shall be sealed by a professional engineer or geoscientist licensed in Texas as required by the Texas Occupations Code, Chapters 1001 and 1002, respectively.", "sourceNote": "Source Note: The provisions of this §4.279 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224619", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.280", "label": "Minimum Siting Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161539", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pit permitted under this division shall not be located:(1) where there has been observable groundwater within 100 feet of the ground surface unless the pit design includes a geosynthetic clay liner (GCL) tested using fluids likely to be encountered in the operations of the facility and the test results demonstrated the GCL can sustain a hydraulic conductivity of 1.0 x 10-7cm/sec or less;(2) within a sensitive area as defined by §4.110 of this title (relating to Definitions);(3) within 300 feet of surface water, domestic supply wells, or irrigation water wells;(4) within 500 feet of any public water system wells or intakes.(5) within 1,000 feet of a permanent residence, school, hospital, institution, or church in existence at the time of the initial permitting;(6) within 500 feet of a wetland; or(7) within a 100-year floodplain.(b) A permit application for a stationary commercial fluid recycling facility shall include:(1) a description of the proposed facility site and surrounding area;(2) the name, physical address and, if different, mailing address, and telephone number of every owner of the tract on which the facility is to be located. If any owner is not an individual, the applicant shall include the name of a contact person for that owner;(3) the depth to the shallowest subsurface water and the direction of groundwater flow at the proposed site, and the source of this information;(4) the average annual precipitation and evaporation at the proposed site and the source of this information;(5) the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, and other pertinent characteristics, and the source of this information;(6) a copy of a county highway map with a scale and north arrow showing the location of the proposed facility; and(7) a United States Geological Survey (USGS) topographic map or an equivalent topographic map which shows the facility including the items listed in subparagraphs (A) - (K) of this paragraph and any other pertinent information regarding the regulated facility and associated activities. Maps shall be on a scale of not less than one inch equals 2,000 feet. The map shall show the following:(A) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(B) a clear outline of the proposed facility's boundaries;(C) the location of any pipelines within 500 feet of the facility;(D) the distance from the facility's outermost perimeter boundary to public and private water wells, residences, schools, churches, and hospitals that are within 500 feet of the boundary; (E) for disposal only, the location of all residential and commercial buildings within a one-mile radius of the facility boundary;(F) all water wells within a one-mile radius of the facility boundary;(G) the location of the 100-year flood plain and the source of the flood plain information;(H) surface water bodies within the map area;(I) the location of any major and minor aquifers within the map area;(J) the boundaries of any prohibited areas defined under §4.153 of this title (relating to Commercial Disposal Pits); and(K) any other information requested by the Director reasonably related to the prevention of pollution.(c) Factors that the Commission will consider in assessing potential risk from stationary commercial fluid recycling include:(1) the volume and characteristics of the oil and gas waste, partially treated waste and recyclable product to be stored, handled, treated and recycled at the facility;(2) proximity to coastal natural resources or sensitive areas as defined by §4.110 of this title; and(3) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(d) All siting requirements in this section for stationary commercial fluid recycling refer to conditions at the time the equipment and tanks used in the recycling are placed.", "sourceNote": "Source Note: The provisions of this §4.280 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161539", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.281", "label": "Minimum Real Property Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224620", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for a stationary commercial fluid recycling facility shall include a copy of the signed lease agreement between the applicant and the owner of the tract upon which the facility is to be located.(b) A permit application for a stationary commercial fluid recycling facility shall identify the location of the facility by including a plat or plats showing:(1) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(2) the site coordinates in degrees, minutes, and seconds of longitude and latitude;(3) a clear outline of the proposed facility's boundaries;(4) all tracts adjoining the tract upon which the facility is to be located;(5) the name of the surface owner or owners of such adjoining tracts; and(6) the distance from the facility's outermost perimeter boundary to water wells, residences, schools, churches, or hospitals that are within 500 feet of the boundary.", "sourceNote": "Source Note: The provisions of this §4.281 adopted to be effective April 15, 2013, 38 TexReg 2334." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224620", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.282", "label": "Minimum Design and Construction Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224621", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pit permitted under this division shall be designed, built, and maintained as follows.(1) The pit shall contain the material placed in the pit and prevent releases, overflow, or failure.(2) The maximum depth from the natural surface elevation shall not exceed 22 feet.(3) The foundation and interior slopes shall consist of a firm, unyielding base, smooth and free of rocks, debris, sharp edges, or irregularities to prevent the liner's rupture or tear. All interior and exterior surfaces of the pit shall be smooth drum rolled.(4) The pit sides and berms shall have interior and exterior grades no steeper than three horizontal feet to one vertical foot (3H:1V). The top of the berm shall be wide enough to provide adequate room for inspection, maintenance, and any other structural or construction requirements.(A) Fill for berms shall be placed and compacted in continuous lifts with a maximum loose lift thickness of 10 inches, compacted to eight inches.(B) Berm fill shall be compacted to at least 95% of maximum dry density determined by the Standard Proctor (ASTM D698) and at moisture content within +2% to -2% of optimum moisture content as determined by a standard proctor soil test on samples from the source area. One nuclear density test shall be conducted for each 2,500 cubic yards, and the applicant shall provide compaction testing results upon completion.(5) Both primary and secondary liners in a pit shall be geomembrane liners composed of ASTM GRI-13 compliant materials and be impervious, synthetic material that is resistant to ultraviolet light, petroleum hydrocarbons, salts, and acidic and alkaline solutions. Each pit shall incorporate, at a minimum, a liner system as follows:(A) The primary liner shall be constructed with a minimum 60-mil high density polyethylene (HDPE) for any pit under this subsection permitted after July 1, 2025.(B) A leak detection system shall be placed between the primary and secondary geomembrane liners that shall consist of 200-mil biplanar geonet or geo-composite equivalent. The leak detection system shall consist of a properly designed drainage and collection and removal system placed above the secondary geomembrane liner in depressions and sloped to facilitate the earliest possible leak detection. The leak detection system shall be designed with the capability of removing a minimum of 1,000 gallons of leachate per acre per day or an alternative action leakage rate shall be calculated.(C) The secondary liner shall be constructed with a minimum 40-mil HDPE for any pit under this subsection permitted after July 1, 2025. If the depth to groundwater is less than 100 feet below the ground surface, the secondary liner shall include a geosynthetic clay liner.(D) A geotextile (felt) liner shall be placed under the secondary liner and in contact with the prepared ground surface.(6) The edges of all liners shall be anchored in the bottom of a compacted earth-filled trench that is at least 24 inches deep and shall be performed in accordance with the manufacturer's instructions.(7) Field seams in geosynthetic material shall be performed in accordance with the manufacturer's instructions and include the following considerations:(A) Field seams in geosynthetic material shall be minimized and oriented perpendicular to the slope of the berm, not parallel.(B) Prior to field seaming, the operator shall overlap liners a minimum of four to six inches. The operator shall minimize the number of field seams and corners and irregularly shaped areas. There shall be no horizontal seams within five feet of the slope's toe.(C) Qualified personnel shall perform field seam welding and testing. Documented quality assurance/quality control testing reports shall be maintained for the life of the liner.(8) At a point of discharge into or suction from the pit, the operator shall ensure that the liner is protected from excessive hydrostatic force or mechanical damage.(9) All piping and equipment that is in contact with the liner shall be secured to prevent liner wear and damage.(10) There shall be no penetrations of the liner system.(11) The pit shall be designed to prevent run-on of any non-contact stormwater, precipitation, or surface water. The pit shall be surrounded by a berm, ditch, or other diversion to prevent run-on of any non-contact stormwater, precipitation, or surface water.(12) The pit shall be designed to operate with a minimum two feet of freeboard plus the capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event.(b) Tanks and treatment equipment shall be located within a secondary containment system.(c)  A permit application for a stationary commercial fluid recycling facility shall include the layout and design of the facility by including a plat drawn to scale with north arrow to top of the map showing the location and information on the design and size of all receiving, processing, and storage areas and all equipment, tanks, silos, monitor wells, dikes, fences, and access roads.(d)  A permit application for a commercial fluid recycling facility also shall include:(1) a description of the type and thickness of liners (e.g., fiberglass, steel concrete), if any, for all tanks, silos, pits, and storage areas/cells;(2) for storage areas where tanks and/or liners are not used, credible engineering and/or geologic information demonstrating that tanks or liners are not necessary for the protection of surface and subsurface water;(3) a map view and two perpendicular cross-sectional views of pits and/or storage areas/cells to be constructed, showing the bottom, sides, and berms, showing the dimensions of each;(4) a plan to control and manage stormwater runoff and to retain incoming wastes during wet weather, including the location and dimensions of dikes and/or storage basins that would collect, at a minimum, stormwater from the facility during a 25-year, 24-hour rainfall event, and all calculations made to determine the required capacity and design; and(5) a plan for the installation of monitoring wells at the facility.", "sourceNote": "Source Note: The provisions of this §4.282 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224621", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.283", "label": "Minimum Operating Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224622", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for a stationary commercial fluid recycling facility shall include the following operating information:(1) the estimated maximum volume of untreated oil and gas waste and partially treated oil and gas waste to be stored at the facility;(2) the estimated maximum volume and time that the recyclable product will be stored at the facility;(3) a plan to control unauthorized access to the facility; (4) a detailed waste acceptance plan that:(A) identifies anticipated volumes and specific types of oil and gas wastes (e.g., hydraulic fracturing flowback fluid and/or produced water) to be accepted at the facility for treatment and recycling; and(B) provides for testing of wastes to be processed to ensure that only oil and gas waste authorized by this division or the permit will be received at the facility;(5) plans for keeping records of the source and volume of wastes accepted for recycling in accordance with the permit, including maintenance of records of the source of waste received by well number, API number, lease or facility name, lease number and/or gas identification number, county, and Commission district;(6) a general description of the treatment process to be employed; a flow diagram showing the process and identifying all equipment and chemicals or additives to be used in the process; and the Safety Data Sheets (SDS) for any chemical or additive;(7) a description of any testing to be performed to demonstrate that the proposed processing will result in a recyclable product that meets the health, safety, and environmental standards for the proposed use; and(8) an estimate of the duration of operation of the proposed facility.", "sourceNote": "Source Note: The provisions of this §4.283 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224622", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.284", "label": "Minimum Monitoring Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224623", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application for a stationary commercial fluid recycling facility shall include:(1) a sampling plan for the partially treated waste to ensure compliance with permit conditions and reuse requirements;(2) a plan for monitoring groundwater based on the subsurface geology and hydrogeology, which may include the installation and sampling of monitoring wells; and(3) a plan to verify that fluid oil and gas wastes are confined to the facility pits, tanks, and processing areas, and a schedule for conducting periodic inspections, including plans to inspect pits and liner systems, equipment, processing, and other waste storage areas.", "sourceNote": "Source Note: The provisions of this §4.284 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224623", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.285", "label": "Minimum Closure Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224624", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit application for a stationary commercial fluid recycling facility shall include a closure cost estimate (CCE) sealed by a professional engineer licensed in Texas.(1) The CCE shall show all assumptions and calculations used to develop the estimate. The following assumptions are required:(A) The facility is in compliance with permit conditions.(B) The facility will be closed according to the permit or approved closure plan, under which collecting pits shall be dewatered, emptied and demolished prior to backfilling; all remaining waste will be disposed of at an authorized facility; and the facility will be restored to its native state unless otherwise authorized by the permit.(C) None of the operator's equipment or facilities that may have otherwise been available at the time of closure (e.g., disposal wells, land treatment facilities, trucks, bulldozers, and employees) are available to assist in the closure.(D) The facility is at maximum capacity. All tanks and pits are full of waste.(E) Storage tanks and pits contain basic sediment and water in normal operating proportions, with a minimum volume of at least 10% basic sediment.(2) The CCE shall not assess a salvage value for any material or equipment at the facility.(3) The CCE shall include costs for sampling and analysis of soil for the areas around each waste management unit, including tank batteries, pads, and all former pits unless closure of an individual pit was previously approved by the Technical Permitting Section.(4) The CCE shall show unit costs for all material, equipment, services, and labor needed to close the facility. Units and fees used shall be appropriate for the type of waste material to be disposed. For example, disposal units for saltwater shall be reported in oil barrels rather than gallons. The CCE shall be specific and shall state the source or basis for the specific unit cost, including the following:(A) the permitted waste hauler to be used and the hauler's mileage rate;(B) the distance that waste will be transported for disposal;(C) the name of each facility where waste will be taken and the disposal costs for that facility;(D) the source of any material being brought to the facility, such as clean fill material;(E) calculations for earth-moving equipment time and cost needed to move the fill dirt if fill dirt will be taken from the property;(F) the total labor costs, including the titles and billing rates for personnel; and(G) the quantity of each unit cost item and how the total quantity was determined (for example, cubic yards of material divided by size of load equals total number of loads).(5) The CCE shall include maps and illustrations such as facility plans and photographs that show the current condition of the facility, and/or the condition of the facility upon reaching maximum permit conditions.(6) For facilities with groundwater monitoring wells, the CCE shall include costs to plug and abandon the monitoring wells.(7) For facilities that will require post-closure monitoring, the CCE shall include costs for a minimum of five years of monitoring.(8) The CCE shall show all calculations used to arrive at total maximum closure costs.(9) For all estimates submitted for existing facilities, a NORM screening survey of the facility shall be submitted. NORM screening surveys shall be performed using a properly calibrated scintillation meter with a sodium iodide detector (or equivalent), with the results reported in microroentgens per hour. Manufacturer's specifications and relevant calibration records shall be submitted to the Technical Permitting Section for all devices used for NORM detection. All equipment, including piping, pumps, and vessels shall be surveyed. Readings shall be taken around the perimeter of all pits and to the extent possible, over the pits. The ground surrounding the equipment and pits shall be surveyed in a systematic grid pattern. At a minimum, the following information shall be reported:(A) the date of the survey;(B) the instrument used and the last calibration date;(C) a background reading;(D) a site diagram showing where all readings, including the background, were taken; and(E) the readings (in microroentgens per hour).(10) If fill dirt will be excavated from the property to achieve closure, a restrictive covenant shall be submitted with the CCE. If the restrictive covenant requirements are not provided, the CCE shall assume that fill dirt is purchased from a commercial supplier. For a restrictive covenant, the following requirements shall be met whether the operator owns or leases the property:(A) The operator shall provide a letter from the property owner specifically stating that the owner agrees that the material, which is described with specificity as to location, type and amount consistent with what is in the closure plan, will be available for closure whether the operator or the state performs closure, and agreeing to a restrictive covenant that reserves use of the material for closure.(B) The operator shall submit an unsigned draft restrictive covenant on a Commission prescribed form. Once the Commission approves the closure cost and closure plan, the operator will be notified to submit a signed original of the restrictive covenant. The Commission will sign its portion of the restrictive covenant and return it to the operator for filing in the real property records of the county where the property is located. Once filed in the real property records, the operator shall provide the Commission with a certified copy.(C) If the facility operator leases the property, the operator shall provide to the Commission a copy of an amendment or addendum to the lease between the operator and the surface owner with a clause that specifically reserves use of material and states that the reservation shall inure to the Commission (as third party beneficiary of this provision) if the Commission must initiate actions to close the facility.(D) The operator shall submit supporting documentation showing that the dimensions of the restrictive covenant area can realistically store a stockpile in the amount needed. If soil will be excavated from the restrictive covenant area rather than stockpiled, the supporting documentation shall show the depth of the excavation is limited to what can be graded to prevent storm water from ponding in the excavated area.(11) After the CCE has been calculated, an additional 10% of that amount shall be added to the total amount of the CCE to cover contingencies.(b)  A permit application for a stationary commercial fluid recycling facility shall include a detailed plan for closure of the facility when operations terminate and include the required elements of §4.292 of this title (relating to Minimum Permit Provisions for Closure). The closure plan shall address how the applicant intends to:(1) remove waste, partially treated waste, and/or recyclable product from the facility;(2) close all pits, treatment equipment, and associated piping and other storage or waste processing equipment;(3) remove berms and equipment; (4) contour and reseed disturbed areas with geographically appropriate vegetation including the source of water intended to establish the reseeded areas of the facility;(5) sample and analyze soil and groundwater throughout the facility; and(6) plug groundwater monitoring wells.", "sourceNote": "Source Note: The provisions of this §4.285 adopted\r\nto be effective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224624", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.286", "label": "Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224625", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Applicants are encouraged to engage with their communities early in the commercial recycling facility planning process to inform the community of the plan to construct stationary commercial fluid recycling facility and allow those who may be affected by the proposed activities to express their concerns. The purpose of the notice required by this section is to inform notice recipients:(1) that an applicant has filed a permit application with the Commission, seeking authorization to conduct an activity or operate a facility; and(2) of the requirements for filing a protest if an affected person seeks to protest the permit application.(b) Timing of notice. The applicant shall provide notice after staff determines that an application stationary commercial fluid recycling facility is complete pursuant to §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively). The date notice is completed begins a 30-day period in which an affected person may file a protest of the application with the Commission.(c) Notice recipients. The applicant shall provide notice to:(1) the surface owners of the tract on which the commercial recycling facility will be located;(2) the surface owners of tracts located within a distance of 1/2-mile from the fence line or edge of the facility as shown on the plat required under §4.249(b) of this title (relating to Minimum Real Property Information) of the facility's fence line or boundary, even if the surface owner's tract is not adjacent to the tract on which the commercial recycling facility is located;(3) the city clerk or other appropriate city official if any part of the tract on which the commercial recycling facility will be located lies within the municipal boundaries of the city;(4) the Commission's District Office; and(5) any other person or class of persons that the Director determines should receive notice of an application.(d) Method and contents of notice. Unless otherwise specified in this subchapter, the applicant shall provide direct notice to the persons specified in subsection (c) of this section as follows.(1) The applicant shall provide notice by registered or certified mail. Notice is completed upon deposit of the document postpaid and properly addressed to the person's last known address with the United States Postal Service.(2) The notice of the permit application shall consist of a complete copy of the application and any attachments. The copy shall be of the application and attachments after staff determines the application is complete pursuant to §1.201(b) of this title but before the final review is completed.(3) The notice shall include a letter that contains:(A) the name of the applicant;(B) the date of the notice;(C) the name of the surface owners of the tract on which the proposed commercial recycling facility will be located;(D) the location of the tract on which the proposed commercial recycling facility will be located including a legal description of the tract, latitude/longitude coordinates of the proposed facility, county, original survey, abstract number, and the direction and distance from the nearest municipality or community;(E) the types of fluids to be recycled at the commercial recycling facility;(F) the recycling method proposed and the proposed end-use of the recycled material;(G) a statement that an affected person may protest the application by filing a written protest with the Commission within 30 calendar days of the date notice is completed;(H) a statement that a protest shall include the protestant's name, mailing address, telephone number, and email address;(I) the address to which protests may be mailed or the location and instructions for electronic submittal of a protest if the Commission implements an electronic means for filing protests;(J) the definition of \"affected person\" pursuant to §4.110 of this title (relating to Definitions); and(K) the signature of the operator, or representative of the operator, and the date the letter was signed.(4) If the Director finds that a person to whom the applicant was required to give notice of an application has not received such notice, then the Director shall not take action on the application until the applicant has made reasonable efforts to give such person notice of the application and an opportunity to file a protest to the application with the Commission.(e) Proof of notice. After the applicant provides the notice required by this section, the applicant shall submit to the Commission proof of delivery of notice which shall consist of:(1) a copy of the signed and dated letters required by subsection (d)(3) of this section;(2) the registered or certified mail receipts; and(3) a map showing the property boundaries, surface owner names, and parcel numbers of all notified parties.(f) Notice by publication. In addition to the notice required by subsection (d) of this section, an applicant for a stationary commercial fluid recycling facility permit shall also provide notice by publication.(g) Newspaper of general circulation. The permit applicant shall publish notice of the application in a newspaper of general circulation in the county in which the proposed facility will be located at least once each week for two consecutive weeks, with the first publication occurring not earlier than the date staff determines that an application is complete pursuant to §1.201(b) of this title (relating to Time Periods for Processing Applications and Issuing Permits Administratively) but before the final review is completed.(h) Contents of published notice. The published notice shall:(1) be entitled \"Notice of Application for Commercial Fluid Recycling Facility\" if the proposed facility is a commercial facility;(2) provide the date the applicant filed the application with the Commission;(3) identify the name of the applicant;(4) provide the location of the tract on which the proposed facility will be located including the legal description of the property, latitude/longitude coordinates of the proposed facility, county, name of the original survey and abstract number, and location and distance in relation to the nearest municipality or community;(5) identify the owner or owners of the property on which the proposed facility will be located;(6) identify the type of fluid waste to be managed at the facility;(7) identify the proposed recycling method;(8) state that affected persons may protest the application by filing a protest with the Commission within 30 calendar days of the last date of publication;(9) include the definition of \"affected person\" pursuant to §4.110 of this title (relating to Definitions); and(10) provide the address to which protests shall be mailed. If the Commission implements an electronic means for filing protests, then the location to instructions for electronic submittal shall be included.(i) Proof of notice. The applicant shall submit to the Commission proof that notice was published as required by this section. Proof of publication shall consist of:(1) an affidavit from the newspaper publisher that states the dates on which the notice was published and the county or counties in which the newspaper is of general circulation; and(2) the tear sheets for each published notice.(j) Protest process. Any statement of protest to an application must be filed with the Commission within 30 calendar days from the date notice is completed or from the last date of publication if notice by publication is authorized by the Director.(1) The Technical Permitting Section shall notify the applicant if the Commission receives an affected person's timely protest. A timely protest is a written protest date-stamped as received by the Commission within 30 calendar days of the date notice is completed or within 30 calendar days of the last date of publication, whichever is later.(2) The applicant shall have 30 days from the date of the Technical Permitting Section's notice of receipt of protest to respond, in writing, by either requesting a hearing or withdrawing the application. If the applicant fails to timely file a written response, the Technical Permitting Section shall consider the application to have been withdrawn.(3) The Technical Permitting Section shall refer all protested applications to the Hearings Division if a timely protest is received and the applicant requests a hearing.(4) The Commission shall provide notice of any hearing convened under this subsection to all affected persons and persons who have requested notice of the hearing.(5) If the Director has reason to believe that a person entitled to notice of an application has not received notice as required by this section, then the Technical Permitting Section shall not take action on the application until notice is provided to such person.(6) The Commission may issue a permit if no timely protests from affected persons are received.(k) Director review. If the Director has reason to believe that a person to whom the applicant was required to give notice of an application has not received such notice, then the Director shall not take action on the application until the applicant has made reasonable efforts to give such person notice of the application and an opportunity to file a protest to the application with the Commission.", "sourceNote": "Source Note: The provisions of this §4.286 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224625", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.287", "label": "General Permit Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224626", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for a stationary commercial fluid recycling facility issued pursuant to this division shall be valid for a term of not more than five years. Permits issued pursuant to this division may be renewed, but are not transferable to another operator without the written approval of the Director.(b) A permit issued pursuant to this division shall require that, prior to operating, the facility shall comply with the financial security requirements of Texas Natural Resources Code, §91.109, relating to Financial Security for Persons Involved in Activities Other than Operation of Wells, as implemented by §3.78 of this title (relating to Fees and Financial Security Requirements).(c) A permit for a stationary commercial fluid recycling facility shall include a condition requiring that the permittee notify the surface owner of the tract upon which recycling will take place and the Commission District Office before recycling operations commence on each tract.", "sourceNote": "Source Note: The provisions of this §4.287 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224626", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.288", "label": "Minimum Permit Provisions for Siting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224627", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for a stationary commercial fluid recycling facility may be issued only if the Director or the Commission determines that the facility is to be located in an area where there is no unreasonable risk of pollution or threat to public health or safety.(b) A stationary commercial fluid recycling facility permitted pursuant to this division is prohibited within a 100-year flood plain.(c) Factors that the Commission will consider in assessing potential risk from a stationary commercial fluid recycling facility include:(1) the volume and characteristics of the oil and gas waste, partially treated waste and recyclable product to be stored, handled, treated and recycled at the facility;(2)  distance to any surface water body, wet or dry;(3) depth to and quality of the shallowest groundwater;(4) distance to the nearest property line or public road;(5) proximity to coastal natural resources, sensitive areas as defined by §4.110 of this title (relating to Definitions), or water supplies, and/or public, domestic, or irrigation water wells; and(6) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(d) All siting requirements in this section refer to conditions at the time the facility is constructed.", "sourceNote": "Source Note: The provisions of this §4.288 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224627", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.289", "label": "Minimum Permit Provisions for Design and Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224628", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit issued pursuant to this division for a stationary commercial fluid recycling facility shall contain any requirement that the Director or the Commission determines to be reasonably necessary to ensure that:(1) the design and construction of storage areas, containment dikes, and processing areas minimize contact of oil and gas waste and partially recycled waste with the ground surface, and prevent pollution of surface and subsurface water;(2) the pollution of surface and subsurface water from spills, leachate, and/or discharges from the facility is prevented by:(A) prohibiting the unauthorized discharge of oil and gas waste and other substances or materials, including contaminated storm water runoff, from the facility to the land surface at and adjacent to the facility or to surface and subsurface water;(B) requiring that the permittee control spills at the facility; and(C) requiring that the permittee make regular inspections of the facility; and(3) the design and construction of the facility allows for monitoring for, and detection of, any migration of oil and gas waste or other substance or material from the facility.(b) A permit issued for a stationary commercial recycling facility pursuant to this division shall require that the permittee, unless waived by the Technical Permitting Section under §4.289(d) of this title (relating to Minimum Permit Provisions for Operations):(1) install monitoring wells in accordance with 16 Texas Administrative Code, Part 4, Chapter 76, relating to Water Well Drillers and Water Well Pump Installers, if required by the Technical Permitting Section; and(2) if required by the Technical Permitting Section, submit a soil boring log and other information for each well.(c) The soil boring log and other information required in subsection (b) of this section shall:(1) describe the soils using the Unified Soils Classification System (equivalent to ASTM D 2487 and 2488);(2) identify the method of drilling, total depth, and the top of the first encountered water or saturated soils;(3) include a well completion diagram for each monitoring well;(4) include a survey elevation for each wellhead reference point; and(5) include a potentiometric map showing static water levels and the direction of groundwater flow.(d) The Commission or the Director may waive any or all of the requirements in subsections (b) and (c) of this section if the permittee demonstrates that an on-site boring to a minimum depth of 100 feet recovers no water during a 24-hour test.(e) A permit for a stationary commercial fluid recycling facility issued pursuant to this division shall require that the permittee notify the Commission District Office for the county in which the facility is located prior to commencement of construction, including construction of any berms, and again upon completion of construction and that the permittee may commence operations under the permit only after the facility has been inspected by the Commission to ensure that construction of all elements of the facility is consistent with the representations in the application and the requirements of the permit.(f) An operator shall not locate material excavated during construction:(1) within 100 feet of a continuously flowing watercourse or significant watercourse;(2) within 200 feet from a lakebed, sinkhole, stock pond or lake (measured from the ordinary high-water mark) or any other watercourse;(3) within 100 feet of a wetland; or(4) within a 100-year floodplain.(g) The following requirements apply to signage, fencing, and security.(1) A sign shall be posted at each entrance to the facility. The sign shall be readily visible and show the operator's name, facility name, and permit number in letters and numerals at least three inches in height.(2) A sign shall be posted identifying the permit number of each pit using letters and numerals at least three inches in height. The signs shall clearly state that the fluid within the pit is not potable or suitable for consumption.(3) The facility shall maintain security to prevent unauthorized access. Security shall be maintained by a 24-hour attendant or a six-foot-high security fence and locked gate when unattended.(h) Any pit associated with a stationary commercial fluid recycling facility permitted pursuant to this division after July 1, 2025, shall comply with the requirements of §4.282(a) of this title (relating to Minimum Design and Construction Information).", "sourceNote": "Source Note: The provisions of this §4.289 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224628", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.290", "label": "Minimum Permit Provisions for Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224629", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit for a stationary commercial fluid recycling facility issued pursuant to this division shall contain requirements the Commission determines to be reasonably necessary to ensure that:(1) only wastes and other materials authorized by the permit are received at the facility, including requirements that the permittee test incoming oil and gas waste and keep records of amounts and sources of incoming wastes; and(2) the processing operation and resulting recyclable product meet the environmental and engineering standards established in the permit.(b) A permit for a stationary commercial fluid recycling facility issued under this division may require the permittee to perform a trial run in accordance with the following procedure.(1) The operator shall notify the Commission District Office for the county in which the facility is located prior to commencement of the trial run.(2) The operator shall sample and analyze the partially treated waste that results from the trial run and submit to the Director for review a report of the results of the trial run prior to commencing operations.(3) The Director shall approve the trial run if the report demonstrates that the recyclable product meets or exceeds the environmental and engineering standards established in the permit.(4) The operator shall not use the recyclable product until the Director approves the trial run report.(c) A permit issued pursuant to this division shall include any requirements, including limits on the volumes of oil and gas waste, partially treated waste, and recyclable product stored at the facility, that the Commission determines to be reasonably necessary to ensure that the permittee does not speculatively accumulate oil and gas waste, partially treated waste, and/or recyclable product at the facility without actually processing the oil and gas waste and putting the recyclable product to legitimate commercial use.(d) A permit issued pursuant to this division shall include a requirement that the operator of the facility comply with the requirements of §3.56 of this title (relating to Scrubber Oil and Skim Hydrocarbons), if applicable.(e) Oil shall not accumulate on top of the produced or treated water stored in the tanks and pits. Any oil on top of the liquids shall be skimmed off and handled in accordance with Commission rules. Any recovered oil shall be recorded and filed with the Commission on the appropriate forms or through an electronic filing system when implemented by the Commission.", "sourceNote": "Source Note: The provisions of this §4.290 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224629", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.291", "label": "Minimum Permit Provisions for Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224630", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Operational monitoring.(1) The operator shall inspect the pits, tanks, and processing equipment weekly. The operator shall maintain a current log of such inspections and make the log available for review by the Commission upon request.(2) The leak detection system shall be monitored on a weekly basis to determine if the primary liner has failed. The primary liner has failed if the volume of water passing through the primary liner exceeds the action leakage rate, as calculated using accepted procedures, or 1,000 gallons per acre per day, whichever is smaller.(3) The operator of the pit shall keep records to demonstrate compliance with the pit liner integrity requirements and shall make the records available to the Commission upon request.(4) If the primary liner is compromised below the fluid level in the pit, the operator shall remove all fluid above the damage or leak within 48 hours of discovery, notify the District Office, and repair the damage or replace the primary liner with a liner meeting the same levels of protection, at a minimum. The pit shall not be returned to service until the liner has been repaired or replaced and inspected by the District Office.(5) If the pit's primary liner is compromised above the fluid level in the pit, the operator shall repair the damage or initiate replacement of the primary liner, with a liner meeting the same levels of protection, at a minimum, within 48 hours of discovery or seek an extension of time from the District Office.(6) If groundwater monitoring wells are required, no waste shall be received at the facility until all permitted groundwater monitoring wells have been completed, developed, and sampled. The documentation of these activities shall be provided to the Commission within 30 days after installation of groundwater monitoring wells. Groundwater samples will be analyzed for the parameters in Figure 1.Attached Graphic(7) If an operator has determined the background analyte concentrations in soil and/or groundwater, those site-specific background levels shall be signed and sealed by a professional geoscientist or professional engineer licensed in Texas and, if accepted by the Director, may be included in the permit as appropriate monitoring standards.(b) Recyclable product monitoring.(1)  A permit for a stationary commercial fluid recycling facility pursuant to this division may include requirements the Director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the environmental and engineering standards established by the Director or the Commission and included in the permit.(2)  A permit under this division for use of the treated fluid for any purpose other than as makeup water for hydraulic fracturing fluids or other down-hole uses may require laboratory testing. A permit that requires laboratory testing shall require that the permittee use an independent third party laboratory to analyze a minimum standard volume of partially treated waste for parameters established in this division or in a permit issued by the Commission.(c) Quarterly reporting. A permit issued under this division shall include provisions for filing quarterly reports documenting the fluid volumes into and out of the system in a form and manner prescribed by the Director.", "sourceNote": "Source Note: The provisions of this §4.291 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224630", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.292", "label": "Minimum Permit Provisions for Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224631", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notifications.(1) The operator shall notify the Commission within 60 days after the cessation of operations.(2) The operator shall notify the Commission 45 days before the commencement of closure activities.(b) Time requirements for closure.(1) Once the operations have ceased, the operator shall complete closure of the facility within one year.(2) The Commission may grant an extension to close the facility not to exceed one additional year, provided all fluid has been removed and the operator attests to its plans for future operation.(3) If the operator intends to use the pit for a purpose other than recycling, then the operator shall have that use approved or permitted by the Commission in accordance with the appropriate rules.(c) Fluid and waste removal.(1) The operator shall remove all fluids from the treatment equipment and tanks within 60 days of the date the operations cease. The contents of all tanks, vessels, or other containers shall be disposed of in an authorized manner. All equipment shall be removed and salvaged, if possible, or disposed of in an authorized manner.(2) The operator shall remove all fluids from pits within six months of the date operations cease.(3) All wastes, including the pit liners, shall be removed and disposed of in an authorized manner.(4) Any concrete areas and access roads shall be cleaned and demolished, and the concrete rubble and wash water shall be disposed of in an authorized manner.(5) All visibly contaminated soils shall be excavated and removed. The contaminated soil shall be disposed of in an authorized manner.(d) Confirmation sampling and analysis.(1) After the removal of wastes and visibly contaminated soils, grab samples shall be collected from around and underneath each pit, processing area, and waste storage, and the samples shall be analyzed for the parameters listed in Figure 1. The Commission may require samples from areas underneath concrete.Attached Graphic(2) The minimum number of grab samples required is as follows:(A) for pits, five samples per acre of surface area, with a minimum of four samples; and(B) for areas containing treatment equipment and storage tanks, five samples per acre of surface area.(3) Any soil sample that exceeds the parameter limitations specified in Figure 1 in this subsection or in site-specific limitations established in the permit is considered waste and shall be disposed of at an authorized disposal facility.(4) If any soil samples exceed the parameter limitations specified in Figure 1 in this subsection or in site-specific limitations established in the permit, the operator shall prepare and submit a plan for confirmation, delineation, and remediation, if necessary.(e) The facility shall be restored to a safe and stable condition that blends with the surrounding land. Topsoil and subsoils shall be replaced and contoured so as to achieve erosion control, long-term stability, and preservation of surface water flow patterns at locations where any surface water entered or exited the property boundary prior to waste management or recycling activities at the facility. Final surface grading of the pits and the storage tank battery areas shall be accomplished in such a manner that water will not collect at these former locations. The site shall be re-vegetated as appropriate for the geographic region and include a planned water source to establish the re-vegetated areas.(f) Within 60 days of closure completion, the operator shall submit a closure report, including required attachments, to document all closure activities including sampling results and the details on any backfilling, capping, or covering, where applicable. The closure report shall certify that all information in the report and attachments is correct, and that the operator has complied with all applicable closure requirements and conditions specified in Commission rules or directives.(g) The operator shall notify the Commission when closure and re-vegetation are complete. The Commission shall not release financial security to the operator until all post-closure activities are approved by the Commission.(h) The Commission will inspect the site and verify compliance with closure requirements.", "sourceNote": "Source Note: The provisions of this §4.292 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224631", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.293", "label": "Permit Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224632", "queryAsDate": "03/11/2026" }, "ruleBody": "Before the expiration of a permit issued pursuant to this division, the permittee may submit an application to renew the permit on a Commission prescribed form. An application for renewal of an existing permit issued pursuant to this division shall be submitted in writing a minimum of 60 days before the expiration date of the permit and shall include the permittee's permit number. The application shall comply with the requirements of §4.278 of this title (relating to General Permit Application Requirements for a Stationary Commercial Fluid Recycling Facility), and the notice requirements of §4.286 of this title (relating to Notice). The Director may require the applicant to comply with any of the requirements of §§4.279 - 4.285 of this title (relating to Minimum Engineering and Geologic Information; Minimum Siting Information; Minimum Real Property Information; Minimum Design and Construction Information; Minimum Operating Information; Minimum Monitoring Information; and Minimum Closure Information), depending on any changes made or planned to the construction, operation, monitoring, and/or closure of the facility.", "sourceNote": "Source Note: The provisions of this §4.293 adopted to be\r\neffective April 15, 2013, 38 TexReg 2334; amended to be effective\r\nJuly 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224632", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.301", "label": "Activities Related to the Treatment and Recycling for Beneficial Use of Drill Cuttings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224633", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission encourages recycling of oil and gas waste. In addition to the requirements of Divisions 3 and 4 of this subchapter (relating to Requirements for Off-Lease or Centralized Commercial Solid Oil and Gas Waste Recycling, and Requirements for Stationary Commercial Solid Oil and Gas Waste Recycling Facilities, respectively), operators performing activities permitted under those divisions shall comply with the requirements of this division for activities related to the treatment and recycling for beneficial use of drill cuttings.(b) The Commission may approve a permit for the treatment and recycling for beneficial use of drill cuttings if the treated drill cuttings are used:(1) in a legitimate commercial product for the construction of oil and gas lease pads or oil and gas lease roads;(2) in another type of legitimate commercial product if the applicant can demonstrate that the product:(A) meets the engineering requirements for the proposed use as determined by a professional engineer licensed in Texas;(B) is at least as protective of public health, public safety, and the environment as the use of an equivalent product made without treated drill cuttings; and(C) does not cause or contribute to the pollution of surface or subsurface water.(c) The application shall provide any other information requested by the Commission to determine the legitimacy and safety of an application.", "sourceNote": "Source Note: The provisions of this §4.301 adopted to be\r\neffective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224633", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "B", "label": "COMMERCIAL RECYCLING" }, "rule": { "number": "§4.302", "label": "Additional Permit Requirements for Activities Related to the Treatment and Recycling for Beneficial Use of Drill Cuttings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94768", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a permit to treat and recycle drill cuttings for beneficial use shall show that there is a demonstrated commercial market for the treated drill cuttings. The applicant may make this showing by providing:(1) evidence that the same product made with drill cuttings or a product that is substantially similar is commonly used in the area where the product is created;(2) evidence of actual commitments from customers who intend to use the product made with drill cuttings, including information regarding the volume of product the customers intend to use annually; or(3) other credible and verifiable means consistent with the rules in this chapter.(b) An applicant for a permit to treat and recycle drill cuttings for beneficial use shall perform a trial run in accordance with the following procedure.(1) The applicant shall notify the Commission District Office for the county in which the facility is located prior to commencement of the trial run.(2) The applicant shall demonstrate the ability to successfully process a 1,000 cubic yard batch of drill cuttings before the facility receives or processes any additional drill cuttings.(3) The applicant shall collect samples of the treated drill cuttings from every 200 cubic yards of the first 1,000 cubic yard batch.(4) Samples collected shall be analyzed and shall not exceed the parameters specified in Figure 1 or Figure 2 in subsection (c) of this section, as applicable.(5) A written report of the results from the trial run prepared by a professional engineer licensed in Texas shall be submitted to the District Office and the Technical Permitting Section within 60 days of receipt of the analytical requirement in §4.258 of this title (relating to Minimum Permit Provisions for Operations). The report shall include:(A) a summary of the trial run and description of the process;(B) the actual volume of drill cuttings processed;(C) the type of waste and description of the waste material;(D) the volume and type of each stabilization material used; and(E) copies of all chemical and geotechnical laboratory analytical reports and chain of custody sheets for the samples required in paragraph (3) of this subsection, as applicable.(6) The applicant shall notify the District Office for the county in which the facility is located and the Technical Permitting Section at least 72 hours before processing begins. No additional drill cuttings shall be received or processed while the results of the trial run are being reviewed by the Technical Permitting Section. Any legitimate commercial product produced during the trial run shall not be used until the Technical Permitting Section has received the trial run reports and provides written confirmation that the trial run requirements have been met.(c) In addition to the permit standards under this subchapter, beneficial uses for treated and recycled drill cuttings shall meet the following criteria.(1) For use of treated and recycled drill cuttings in a legitimate commercial product for the construction of oil and gas lease pads and oil and gas lease roads, the following requirements shall apply.(A) Bench scale tests shall be performed as needed to determine optimum mixing composition. If the composition mixture changes from the treated drill cuttings produced during the trial run, the treated drill cuttings shall be analyzed for wetting and drying durability by ASTM 559-96, modified to provide samples that are compacted and molded from finished treated drill cuttings. Total weight loss after 12 cycles shall not exceed 15%.(B) A sample of the treated drill cuttings shall be tested for the parameters listed in Figure 1 in this subsection for the trial run required by subsection (b) of this section and for every 800 cubic yard batch of treated drill cuttings produced thereafter. Each 800 cubic yard sample shall be composed of a composite of four sub-samples obtained at 200 cubic yard intervals. Each sample shall have a complete chain of custody and shall be analyzed for the parameters on Figure 1 in this subsection.(C) Any treated drill cuttings not meeting the limitations specified in Figure 1 in this subsection shall be returned to the mixing cycle, reprocessed, and reanalyzed until the drill cuttings meet the required parameters or shall be disposed of in accordance with Commission rules.Attached Graphic(2) The Commission may require that use of treated drill cuttings in legitimate commercial products other than those described in paragraph (1) of this subsection comply with criteria in addition to those specified in this section.", "sourceNote": "Source Note: The provisions of this §4.302 adopted\r\nto be effective July 1, 2025, 50 TexReg 33." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94768", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.401", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94772", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of the voluntary cleanup program is to provide an incentive to clean up property contaminated by activities under Railroad Commission jurisdiction by removing the liability to the state of lenders, developers, owners, and operators who did not cause or contribute to contamination released at the site. The program is restricted to voluntary actions but does not replace other voluntary actions.", "sourceNote": "Source Note: The provisions of this §4.401 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94772", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.405", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94771", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise.(1) Applicant--A person who is eligible to participate in the voluntary cleanup program and who submits the required forms, information, and fee for doing so.(2) Assistant director--The administrative head of the Site Remediation Section.(3) Certificate of completion--The document executed by the Commission upon satisfactory completion of obligations under a Voluntary Cleanup Agreement.(4) Completion--The cleanup of a site to the point that no more response actions are necessary.(5) Commission--The Railroad Commission of Texas, the director of the Oil and Gas Division, or a staff delegate of the division director.(6) Conditional certificate of completion--The document executed by the Commission upon a participant's satisfactory conditional completion of obligations under a Voluntary Cleanup Agreement.(7) Conditional completion--The cleanup of a site to the point that further response actions are limited to maintenance of engineering or institutional controls and/or the continued successful operation of long-term remediation systems.(8) Contaminant--A waste, pollutant, or other substance or material regulated by or that results from an activity under the jurisdiction of the Commission under Texas Natural Resources Code, Chapters 91 or 141, or the Texas Water Code.(9) Division--The Oil and Gas Division of the Commission.(10) Eligible applicant--An applicant who did not cause or contribute to the contaminants on the site that is the subject of the voluntary cleanup agreement and whose application the Site Remediation Section has accepted.(11) Participant--An eligible applicant with whom the Commission has entered into a voluntary cleanup agreement.(12) Response action--The control, cleanup, or removal of a contaminant from the environment.(13) Responsible person--Any operator or other person required by law, rules of the Commission, or a valid order of the Commission to control or clean up the oil and gas wastes or other substances or materials.(14) Site Remediation Section--Those Commission staff, individually or collectively, who are employed in the Site Remediation Section, or its successor, of the Oil and Gas Division.(15) Voluntary cleanup--A response action taken under and in compliance with this subchapter.", "sourceNote": "Source Note: The provisions of this §4.405 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94771", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.410", "label": "Eligibility for the Voluntary Cleanup Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94773", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any site that is contaminated with a contaminant is eligible for participation in the voluntary cleanup program except the portion of a site that is the subject of a Commission order to control or clean up the contaminants. On application from an eligible applicant, the Commission may dismiss an order that would otherwise render a site or portion of a site ineligible for the program.(b) Any person who is not a responsible person as that term is defined in §4.405(13) of this title (relating to Definitions) is eligible to participate in the voluntary cleanup program.", "sourceNote": "Source Note: The provisions of this §4.410 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94773", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.415", "label": "Application to Participate in the Voluntary Cleanup Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150450", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person applying to participate in the voluntary cleanup program shall submit to the Site Remediation Section an application to participate in the voluntary cleanup program and an application fee as required by subsection (b) of this section.(b) A person submitting an application to participate in the voluntary cleanup program shall:(1) use the application form provided by the Commission;(2) provide the following information:(A) general information concerning:(i) the applicant and the applicant's capability, including the applicant's financial capability, to perform the voluntary cleanup;(ii) the site; and(iii) the names, addresses, and telephone numbers of all surface and mineral owners and mineral operators of property where the contamination came to be located;(B) other background information requested by the Site Remediation Section based on the particular circumstances of the site in question;(C) an environmental assessment of the actual or threatened release of the contaminant or contaminants at the site that includes, at a minimum, the information set forth in subsection (c) of this section; and(D) if the applicant is not the surface owner of the site, written authorization from all surface owners of the site agreeing to the applicant's participation in the program;(3) submit the application fee of $1,000; and(4) follow any schedule set by the Site Remediation Section.(c) The environmental assessment required by subsection (b)(2)(C) of this section shall include, at a minimum:(1) a legal description of the site;(2) a description of the physical characteristics of the site; and(3) to the extent known by the applicant:(A) the operational history of the site;(B) information concerning the nature and extent of any relevant contamination or release at the site and immediately contiguous to the site, and wherever the contamination came to be located; and(C) relevant information concerning the potential for human exposure to contamination at the site.", "sourceNote": "Source Note: The provisions of this §4.415 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150450", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.420", "label": "Acceptance or Rejection of an Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94775", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Site Remediation Section shall process applications in the order in which they are received.(b) The Commission may accept an application if it:(1) is submitted by a person eligible to participate in the program, pursuant to §4.410(b) of this title (relating to Eligibility for the Voluntary Cleanup Program);(2) pertains to an eligible site, pursuant to §4.410(a) of this title;(3) includes all of the information required by §4.415 of this title (relating to Application to Participate in the Voluntary Cleanup Program), provided the information does not indicate that either the person or the site is ineligible;(4) demonstrates that the applicant has the financial capability to pay for all costs of the response action, including but not limited to the direct costs of the response action and the reasonable costs attributable to the oversight of the response action likely to be incurred by the Commission;(5) includes written authorization from all surface owners of the site agreeing to the applicant's participation in the program, or proof that the applicant is the surface owner of the site; and(6) includes the application fee.(c) The Commission may reject an application to participate in the voluntary cleanup program if:(1) a state or federal enforcement action is pending that concerns the remediation of the contaminant or contaminants described in the application;(2) a federal grant requires an enforcement action at the site;(3) the application is incomplete or inaccurate; or(4) the application fails to meet the requirements of subsection (b) of this section.(d) If the Commission rejects the application, the Commission shall:(1) not later than the 45th day after the Site Remediation Section receives the application, notify the applicant in writing that the application has been rejected;(2) explain the reasons for rejection of the application; and(3) inform the applicant that the Commission will refund half the application fee unless the applicant indicates a desire to resubmit the application.(e) If the Commission rejects an application because it is incomplete or inaccurate, then not later than the 45th day after the Site Remediation Section receives the application, the Assistant Director shall notify the applicant in writing of all information needed to make the application complete or accurate. If the applicant resubmits the application not later than the 45th day after the Assistant Director issues notice that the application has been rejected, the applicant shall not submit an additional application fee. This waiver of the application fee applies only to the first re-submission within 45 days of notice of an incomplete application. An applicant who re-submits an application after the 45th day shall submit the application fee required by §4.415(b)(3) of this title.", "sourceNote": "Source Note: The provisions of this §4.420 adopted to be effective June 10, 2002, 27 TexReg 4936; amended to be effective February 3, 2011, 36 TexReg 410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94775", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.425", "label": "Voluntary Cleanup Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94769", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before the Site Remediation Section evaluates any plan or report detailing the cleanup goals and proposed response action methods, the eligible applicant shall enter into a voluntary cleanup agreement with the Commission that sets forth the terms and conditions of the evaluation of the reports and the implementation of work plans.(b) A voluntary cleanup agreement shall:(1) include provisions by which the participant commits to pay the Commission all reasonable costs:(A) incurred by the Commission for review and oversight of the participant's work plan and reports and for the Commission's field activities;(B) attributable to the voluntary cleanup agreement including direct and indirect costs of overhead, salaries, equipment, utilities, and legal, management, and support costs; and(C) that exceed the amount of the application fee submitted to the Commission by the applicant as required by §4.415 of this title (relating to Application to Participate in the Voluntary Cleanup Program);(2) identify all statutes and rules with which the participant shall comply;(3) identify all state and federal standards, requirements, criteria, or limitations to which the response action would otherwise be subject if a state or federal permit were required;(4) describe any work plan or report that the participant is required to submit for review by the Commission, including a final report that provides all information necessary to verify that all work contemplated by the voluntary cleanup agreement has been completed;(5) include a schedule for the participant to submit and for the Site Remediation Section to review the information required by paragraph (4) of this subsection;(6) identify specific tasks, deliverables, and schedules for conducting and completing the response action, including terms specifying negotiating periods between reports and consequences for failure to meet deadlines in the agreement;(7) state the technical standards to be applied by the Site Remediation Section in evaluating the work plans and reports with reference to the proposed future land use to be achieved; and(8) be signed by both the participant or the participant's authorized representative and the Assistant Director.(c) If the eligible applicant and the Commission do not reach an agreement on or before the 30th day after good faith negotiations have begun:(1) either the eligible applicant or the Commission may withdraw from the negotiations, in which event the Commission shall retain the application fee; or(2) the eligible applicant and the Commission may continue negotiating.(d) The Commission shall not initiate an enforcement action against a participant who is in compliance with this section for the contamination or release that is the subject of the voluntary cleanup agreement or for activity that resulted in the contamination or release that is the subject of a voluntary cleanup agreement.", "sourceNote": "Source Note: The provisions of this §4.425 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94769", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.430", "label": "Termination of Agreement and Cost Recovery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94770", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At any time and for any reason, either the Commission or the participant may terminate a voluntary cleanup agreement by giving to the other written notice 15 days prior to the stated termination date. The participant shall pay and the Commission shall recover only those costs incurred or obligated by the Commission before notice of termination of becomes effective. The Commission shall retain the application fee.(b) Termination of the agreement does not affect any right the Commission has under other law to recover its costs. The Commission shall not issue a certificate of completion to a participant in a voluntary cleanup agreement that is terminated.(c) If the participant does not pay to the Commission the Commission's costs under a voluntary cleanup agreement before the 31st day after the date the person receives notice that the costs are due and owing, the Commission may request that the attorney general bring an action in the name of the state in Travis County to recover the amount owed plus reasonable legal expenses, including attorneys' fees, witness costs, court costs, and deposition costs, pursuant to Texas Natural Resources Code, §91.657(c).", "sourceNote": "Source Note: The provisions of this §4.430 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94770", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.435", "label": "Voluntary Cleanup Work Plans and Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95005", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After signing a voluntary cleanup agreement, the participant shall prepare and submit to the Site Remediation Section the work plans and reports required by the agreement.(b) The Site Remediation Section shall review and evaluate the work plans and reports for accuracy, quality, and completeness. The Site Remediation Section may approve or not approve a voluntary cleanup work plan or report. If the Site Remediation Section does not approve a work plan or report, the Site Remediation Section shall, within the deadline established by the Voluntary Cleanup Agreement, notify the participant of the specific additional information or commitments needed to obtain approval.(c) At any time during the evaluation of a work plan or report, the Site Remediation Section may request additional or corrected information.(d) After considering future land use, the Site Remediation Section may approve work plans and reports submitted under this section that do not require cleanup or removal of all contaminants at a site if the partial response actions for the property:(1) will be completed in a manner that protects human health and the environment;(2) will not cause, contribute, or exacerbate discharges, releases, or threatened releases that are not required to be cleaned up or removed under the work plan; and(3) will not interfere with or substantially increase the cost of response actions to address any remaining contaminants.", "sourceNote": "Source Note: The provisions of this §4.435 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95005", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.440", "label": "Certificate of Completion and Conditional Certificate of Completion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94777", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Site Remediation Section determines that a participant has completed a voluntary cleanup approved under this subchapter, the Commission shall certify that the action has been completed by issuing the participant a certificate of completion.(b) The certificate of completion shall:(1) acknowledge the protection from liability provided by §4.445 of this title (relating to Persons Released from Liability);(2) indicate the proposed future land use;(3) include a legal description of the site and the names of the site's surface and mineral owners and mineral operators at the time the application to participate in the voluntary cleanup program was filed; and(4) include an Affidavit of Completion on a form prescribed by the Commission. The affidavit of completion is a sworn statement made by the participant that is attached to and becomes part of the certificate of completion issued by the Commission. The affidavit shall:(A) identify the site and its surface and mineral owners and mineral operators;(B) identify the response actions performed including, if appropriate, any reliance on engineering or institutional controls;(C) declare that the degree of inquiry used in determining the appropriate response actions, the response actions, and reporting were consistent with industry standards; and(D) state that the certificate of completion has not been acquired by fraud, misrepresentation, or knowing failure to disclose material information.(c) If the Site Remediation Section determines that the participant has substantially completed a voluntary cleanup approved under this subchapter, and that oversight and maintenance of controls and remediation systems provide a strong likelihood of success with minimal maintenance and reporting, the Commission may issue a conditional certificate of completion. The conditional certificate of completion shall:(1) acknowledge the protection from liability provided by §4.445 of this title (relating to Persons Released from Liability);(2) indicate the proposed future land use;(3) include a legal description of the site and the names of the site's surface and mineral owners and mineral operators at the time the application to participate in the voluntary cleanup program was filed;(4) identify the oversight and maintenance activities and results the person must perform, reach, and maintain for the conditional certificate to remain in force;(5) include a schedule of activities;(6) identify responses in case of remedy failure; and(7) include an Affidavit of Response Action Implementation. The Affidavit of Response Action Implementation is a sworn statement made by the participant and that is attached to and becomes part of the conditional certificate of completion issued by the commission. In addition to all of the elements identified in subsection (b)(4) of this section, the Affidavit of Response Action Implementation shall include a schedule the participant's post closure monitoring activities and reporting to the Railroad Commission of Texas with an estimated date of completion, and identify contingencies that the participant is obligated to implement if any response action fails in whole or in part.(d) If the Site Remediation Section determines that the participant has not completed a voluntary cleanup approved under this subchapter, the Assistant Director shall so notify the participant, the current surface and mineral owners and the mineral operators of the site that is the subject of the cleanup.", "sourceNote": "Source Note: The provisions of this §4.440 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94777", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.445", "label": "Persons Released from Liability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94778", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who is not a responsible person, as that term is defined in §4.405 of this title (relating to Definitions), at the time the person applies to participate in a voluntary cleanup does not become a responsible person solely because the person signs the application or the voluntary cleanup agreement.(b) A participant who is not a responsible person at the time the Commission issues a certificate of completion under §4.440 of this title (relating to Certificate of Completion and Conditional Certificate of Completion) is released, as of the date of the certificate, from all liability to the state for cleanup of contaminants specified in the voluntary cleanup agreement for areas of the site covered by the certificate, except for releases and consequences that the participant causes.(c) The release from liability provided by this subchapter does not apply to a person who:(1) caused or contributed to the contamination at the site covered by the certificate;(2) acquires a certificate of completion by fraud, misrepresentation, or knowing failure to disclose material information;(3) knows at the time the person acquires an interest in the site for which the certificate of completion was issued that the certificate was acquired by fraud, misrepresentation, or knowing failure to disclose material information; or(4) changes the land use from the use specified in the certificate of completion if the new use may result in increased risks to human health or the environment.", "sourceNote": "Source Note: The provisions of this §4.445 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94778", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "D", "label": "RAILROAD COMMISSION OF TEXAS VOLUNTARY CLEANUP PROGRAM" }, "rule": { "number": "§4.450", "label": "Federal, State, or Local Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100554", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A state or local permit is not required for a voluntary cleanup under this subchapter. A participant shall coordinate a voluntary cleanup with ongoing federal and state waste programs.(b) Any participant conducting a voluntary cleanup shall comply with any state or federal standard, requirement, criterion, or limitation to which the response action would otherwise be subject if a state or federal permit were required.", "sourceNote": "Source Note: The provisions of this §4.450 adopted to be effective June 10, 2002, 27 TexReg 4936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100554", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.601", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100555", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter establishes requirements for the identification of equipment contaminated with oil and gas Naturally Occurring Radioactive Material (NORM), and the disposal of oil and gas NORM waste for the purpose of protecting public health, safety, and the environment.(b) The provisions of this subchapter do not supersede other Commission regulations relating to oil and gas waste management, including disposal.(c) The provisions of this subchapter do not supercede the applicable rules of the Texas Department of Health (TDH), including but not limited to 25 TAC §289.202 (relating to Standards for Protection Against Radiation from Radioactive Material) and 25 TAC §289.259 (relating to Licensing of Naturally Occurring Radioactive Material (NORM)).", "sourceNote": "Source Note: The provisions of this §4.601 adopted to be effective March 3, 2003, 28 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100555", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.602", "label": "Exclusions and Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100556", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Exclusions. Activities involving the recycling of oil and gas NORM waste; the decontamination of equipment and facilities that are contaminated with oil and gas NORM waste as a result of activities other than disposal of oil and gas NORM waste; the possession, use, transfer, transport, and/or storage of oil and gas NORM waste; and worker protection standards associated with such activities are under the jurisdiction of the TDH.(b) Exemptions. The following activities are exempt from the requirements of this subchapter:(1) disposal of produced water by injection into a well permitted under §3.9 of this title (relating to Disposal Wells) or §3.46 of this title (relating to Fluid Injection into Productive Reservoirs);(2) disposal of produced water by discharge to surface waters and in accordance with a discharge permit issued under §3.8 of this title (relating to Water Protection); and(3) disposal of equipment that has been decontaminated in accordance with a license issued by the TDH and that meets the exemption criteria of 25 TAC §289.259(d) (relating to Licensing of Naturally Occurring Radioactive Material (NORM)).", "sourceNote": "Source Note: The provisions of this §4.602 adopted to be effective March 3, 2003, 28 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100556", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.603", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117640", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Background radiation--Radiation at the ground surface from: (A) cosmic sources; (B) non-technologically enhanced naturally occurring radioactive material, including radon, except as a decay product of source or special nuclear material; or (C) global fallout as it exists in the environment from the testing of nuclear explosive devices. \"Background radiation\" does not include sources of radiation from radioactive materials regulated by the TDH. (2) Commission--The Railroad Commission of Texas or its designee. (3) Disposal--Engaging in the act of discharging, depositing, injecting, dumping, spilling, leaking, or placing of any oil and gas NORM waste into or on any land or water, or causing or allowing any such act, so that such waste, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including subsurface waters. For purposes of this subchapter, disposal of oil and gas NORM waste includes its management at the site (e.g., lease, unit, or facility) where disposal will occur when undertaken for the explicit purpose of facilitating disposal at that site. The term does not include decontamination activities, except for in-place mixing of oil and gas NORM waste to remedy historical contamination of the land surface and decontamination of equipment and facilities that become contaminated solely through disposal operations. In addition, the term does not include activities, including processing or treatment, that occur at a location other than the disposal site. (4) Equipment--Oil and gas equipment used for production or disposal, including but not limited to pipes (tubulars), tanks, vessels, pumps, valves, flow lines, and connectors such as tees and elbows, provided that such equipment is or has been in contact with oil and gas waste or produced fluids or substances. (5) Microroentgens per hour (µR/hr)--A measurement of exposure from x-ray and gamma ray radiation in air. (6) NORM--Naturally occurring radioactive material. (7) NORM-contaminated equipment--Equipment that, at any accessible point, exhibits a minimum radiation exposure level greater than 50 µR/hr including background radiation level. (8) Oil and gas waste--Oil and gas waste as defined in §3.8 of this title (relating to Water Protection). (9) Oil and gas NORM waste--Any solid, liquid, or gaseous material or combination of materials (excluding source material, special nuclear material, and by-product material) that: (A) in its natural physical state spontaneously emits radiation; (B) is discarded or unwanted; (C) constitutes, is contained in, or has contaminated oil and gas waste; and (D) prior to treatment or processing that reduces the radioactivity concentration, exceeds exemption criteria specified in 25 TAC §289.259(d) (relating to Licensing of Naturally Occurring Radioactive Material (NORM)). (10) Person--A natural person, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. (11) Picocuries per gram (pCi/g)--A measure of the radioactivity in one gram of a material. One picocurie is that quantity of radionuclide(s) that decays at the rate of 3.7 x 10-2 disintegrations per second. (12) Radiation survey instrument--An instrument used to detect and measure radiation exposure levels from 1 µR/hr through at least 500 µR/hr.", "sourceNote": "Source Note: The provisions of this §4.603 adopted to be effective March 3, 2003, 28 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117640", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.605", "label": "Identification of Equipment Contaminated with NORM" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100558", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsection (b) of this section, within two years of the effective date of this rule, each person who owns or operates equipment used for production or disposal including each person who owns or operates equipment associated with a commercial facility, as defined in §3.78 (relating to Fees and Financial Security Requirements), shall identify NORM-contaminated equipment with the letters \"NORM\" by securely attaching a clearly visible waterproof tag or marking with a legible waterproof paint or ink. Employers whose employees speak languages other than English may add to the tag the translation of the acronym \"NORM\" in those languages as long as the acronym \"NORM\" is also on the tag.(b) Within six months of the effective date of this rule, each person whom the Commission has notified that the person owns or operates NORM-contaminated equipment shall, on each lease that is the subject of the Commission notice, identify NORM-contaminated equipment with the letters \"NORM\" by securely attaching a clearly visible waterproof tag or marking with a legible waterproof paint or ink. Employers whose employees speak languages other than English may add to the tag the translation of the acronym \"NORM\" in those languages as long as the acronym \"NORM\" is also on the tag.(c) For an interconnected equipment system such as a wellhead, flowline, or facility piping system, the owner or operator of the system may identify the system as a whole with tags or markings that provide notice to workers on that system that the equipment in the system may be NORM-contaminated. The owner or operator shall identify NORM-contaminated equipment that is removed from an interconnected equipment system:(1) as individual pieces of equipment as provided in subsection (a) of this section, or(2) as groups of equipment that are kept in a common container or are wrapped, bound or tied securely together. Grouped equipment shall be tagged or marked to provide notice that any piece of equipment in the group may be NORM-contaminated.(d) Radiation survey instruments used to determine whether equipment is NORM-contaminated shall comply with regulations adopted by the TDH in 25 TAC §289.259(e) (relating to Licensing of Naturally Occurring Radioactive Material (NORM)).", "sourceNote": "Source Note: The provisions of this §4.605 adopted to be effective March 3, 2003, 28 TexReg 1838; amended to be effective November 24, 2004, 29 TexReg 10732." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100558", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.608", "label": "Worker Protection Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100559", "queryAsDate": "03/11/2026" }, "ruleBody": "Any employer of persons engaged in activities involving the disposal of oil and gas NORM waste shall comply with applicable provisions, as determined by TDH, of 25 TAC §289.202 (relating to Standards for Protection Against Radiation from Radioactive Material) adopted effective October 1, 2000, including but not limited to:(1) implementing a radiation protection program as provided in 25 TAC §289.202(e);(2) controlling the occupational dose to all employees as provided in 25 TAC §289.202(f) - (m);(3) conducting surveys and monitoring as provided in 25 TAC §289.202(p) and (q);(4) assuring respiratory protection and implement controls to restrict internal exposure in restricted areas as provided in 25 TAC §289.202(v) - (x);(5) posting signs and labels as provided in 25 TAC §289.202(z) - (dd);(6) keeping records of radiation protection programs and of special exposures as provided in 25 TAC §289.202(ll) - (nn), (pp) - (rr), and (vv); and(7) keeping reports as provided in 25 TAC §289.202(ww) - (zz) and (aaa).", "sourceNote": "Source Note: The provisions of this §4.608 adopted to be effective March 3, 2003, 28 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100559", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.611", "label": "Prohibited Disposal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100560", "queryAsDate": "03/11/2026" }, "ruleBody": "No person may dispose of oil and gas NORM waste except as provided in this subchapter. Disposal of oil and gas NORM waste other than produced water by discharge to surface or subsurface waters, as defined in §3.8 of this title (relating to Water Protection), shall be prohibited. Disposal of oil and gas NORM waste by spreading on public or private roads also shall be prohibited.", "sourceNote": "Source Note: The provisions of this §4.611 adopted to be effective March 3, 2003, 28 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100560", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.614", "label": "Authorized Disposal Methods" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100561", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section authorizes the methods for disposing of oil and gas NORM waste without a permit.(b) Disposal in plugged and abandoned well. A person may dispose of oil and gas NORM waste by placing it between plugs in a well that is being plugged and abandoned, provided that:(1) No person may dispose of oil and gas NORM waste at a lease or unit other than the lease or unit where the oil and gas NORM waste was generated unless prior to commencement of disposal operations, the surface owner of the lease or unit where the disposal occurs provides written consent for the disposal.(2) The oil and gas NORM waste shall be placed in the well at a depth at least 250 feet below the base of usable quality water in compliance with §3.14 of this title (relating to Plugging).(3) If the oil and gas NORM waste is encased in a tubing string, the tubing shall be:(A) placed, not dropped, in the well; and(B) left with an assembly that allows ready retrieval, if the string is not secured in cement.(4) A cement plug shall be set immediately above the oil and gas NORM waste and the plug shall be either:(A) above a cement retainer;(B) above a cast iron bridge plug; or(C) tagged to locate its position.(5) The cement of the surface plug shall be color dyed with red iron oxide.(6) A permanent marker that shows the three-bladed radiation symbol specified in 25 TAC §289.202(z) (relating to Standards for Protection Against Radiation from Radioactive Material), adopted effective October 1, 2000, without regard to color, shall be welded to the steel plate at the top of the well casing.(7) The operator shall state on Form W-3A, Intent to Plug and Abandon:(A) the physical nature (such as pipe scale, contaminated soil, basic sediment, equipment, pipe, pumps, or valves) of the oil and gas NORM waste;(B) the volume of oil and gas NORM waste;(C) the radioactivity level of the oil and gas NORM waste (in pCi/g of Radium-226 combined with Radium-228 and any other NORM radionuclides for soil or other media (such as pipe scale, contaminated soil, basic sediment, etc.), or in µR/hr for equipment (such as pipes, pumps and valves);(D) the operator(s) of the lease, unit, or facility at which oil and gas NORM waste was generated; and(E) the source(s), if known, of the oil and gas NORM waste by Commission district; field; lease, unit, or facility; and producing formation.(8) If the oil and gas NORM waste is encased in tubing, the operator shall state on Form W-3A, Intent to Plug and Abandon:(A) the size, grade, weight per foot, and outside diameter of the tubing;(B) the subsurface depth of both the top and bottom of the tubing;(C) the diameter of the retrieval assembly; and(D) whether the tubing is free in the hole or is secured by cement, a bridge plug, or a cement retainer.(9) The operator shall submit Form W-3A to the Commission's district office for the location of the oil and gas NORM waste disposal site.(c) Burial. Except as otherwise provided in this subsection, a person may dispose of oil and gas NORM waste by burial at the same site where the oil and gas NORM waste was generated, provided that, prior to burial, the oil and gas NORM waste has been treated or processed such that the radioactivity concentration does not exceed 30 pCi/g Radium-226 combined with Radium-228 or 150 pCi/g of any other NORM radionuclide within the treated or processed waste. Such treatment or processing, if it occurs at the disposal site, is considered to fall within the definition of disposal because it is necessary to facilitate disposal. This subsection does not authorize any person to bury NORM-contaminated equipment.(d) Landfarming. A person may dispose of oil and gas NORM waste at the same site where the oil and gas NORM waste was generated by applying it to and mixing it with the land surface, provided that after such application and mixing the radioactivity concentration in the area where the oil and gas NORM waste was applied and mixed does not exceed 30 pCi/g Radium-226 combined with Radium-228 or 150 pCi/g of any other radionuclide.(e) Disposal at a licensed facility. A person may dispose of oil and gas NORM waste at a facility that has been licensed by the United States Nuclear Regulatory Commission, the State of Texas, or another state if such facility is authorized under its license to receive and dispose of such waste.(f) Injection. Injection of oil and gas NORM waste that meets exemption criteria of 25 TAC §289.259 (relating to Licensing of Naturally Occurring Radioactive Materials (NORM)), as a result of treatment or processing at a facility licensed by the TDH (hereinafter referred to as a \"specifically licensed facility\") into a well permitted under §3.9 of this title (relating to Disposal Wells) is authorized under this section, provided that the requirements of this subsection are met.(1) Prior to injecting treated or processed oil and gas NORM waste, the operator of the injection well shall notify the Commission in writing that the operator plans to inject oil and gas NORM waste that meets the exemption criteria of 25 TAC §289.259 as a result of treatment or processing at a specifically licensed facility. The operator shall include a copy of the TDH license for each facility where oil and gas NORM waste that will be injected is treated or processed in order to meet the exemption criteria of 25 TAC §289.259.(2) Prior to injecting oil and gas NORM waste that has been treated or processed to meet the exemption criteria of 25 TAC §289.259, the injection well operator shall verify that the waste meets the exemption criteria by obtaining from the specifically licensed facility documentation regarding NORM surveys or other analyses conducted to ensure that the treated or processed oil and gas NORM waste meets the exemption criteria of 25 TAC §289.259.", "sourceNote": "Source Note: The provisions of this §4.614 adopted to be effective March 3, 2003, 28 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100561", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.617", "label": "Permit for Injection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150451", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. With the exceptions of produced water and oil and gas NORM waste that meets the exemption criteria of 25 TAC §289.259 (relating to Licensing of Naturally Occurring Radioactive Material (NORM)) as a result of treatment or processing at a facility specifically licensed by the TDH, no person may dispose of oil and gas NORM waste by injection into a well without a permit issued under §3.9 of this title (relating to Disposal Wells) that specifically allows disposal of oil and gas NORM waste. The provisions of this section apply in the case of oil and gas NORM waste disposal permits issued under §3.9.(b) Standards for permit issuance. The Commission shall issue a permit to dispose of oil and gas NORM waste under §3.9 of this title (relating to Disposal Wells) only if the Commission determines that the subject oil and gas NORM waste will be disposed of in a manner that protects public health, safety, and the environment. Any permit to dispose of oil and gas NORM waste issued pursuant to §3.9 shall contain construction and operating requirements that are reasonably necessary to protect public health, safety, and the environment.(c) NORM information. In addition to the application requirements of §3.9 of this title (relating to Disposal Wells), an applicant for a permit to inject oil and gas NORM waste shall include the information specified in this subsection. The Commission may require the applicant to provide any such additional information as may be necessary to show that the proposed disposal protects public health, safety, and the environment.(1) The applicant shall describe the physical nature (such as pipe scale, contaminated soil, or basic sediment) of the oil and gas NORM waste to be disposed of;(2) The applicant shall state the total volume of oil and gas NORM waste to be disposed of or the proposed rate of oil and gas NORM waste disposal; and(3) The applicant shall state the maximum measured radioactivity level of the oil and gas NORM waste (in pCi/g of Radium-226 combined with Radium-228, and any other NORM radionuclide) that will be disposed of.(d) Notice requirements. An applicant for a permit to inject oil and gas NORM waste under §3.9 of this title (relating to Disposal Wells) shall provide notice as required in that section and shall include in such notice the information required in subsection (c) of this section.", "sourceNote": "Source Note: The provisions of this §4.617 adopted to be effective March 3, 2003, 28 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150451", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.620", "label": "Permit for Surface Disposal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100563", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. Except in the case of onsite disposal that meets the requirements of §4.614(c) and (d) of this title (relating to Authorized Disposal Methods), no person may dispose of oil and gas NORM waste by burying it or by applying it to and mixing it with the land surface without first obtaining a permit under §3.8 of this title (relating to Water Protection). The provisions of this section apply in the case of permits for such surface or near-surface disposal methods.(b) Standards for permit issuance. The Commission shall issue a permit to dispose of oil and gas NORM waste under §3.8 of this title only if the Commission determines that the subject oil and gas NORM waste will be disposed of in a manner that protects public health, safety, and the environment. Any permit to dispose of oil and gas NORM waste issued pursuant to §3.8 of this title shall contain construction and operating requirements that are reasonably necessary to protect public health, safety, and the environment. In addition, the Commission shall issue a permit for burial of oil and gas NORM waste only if, prior to burial, the oil and gas NORM waste has been treated or processed so that the radioactivity concentration does not exceed 30 pCi/g Radium-226 combined with Radium-228 or 150 pCi/g of any other NORM radionuclide. The Commission shall issue a permit to dispose of oil and gas NORM waste by applying it to and mixing it with the land surface only if, after such application and mixing, the radioactivity concentration in the area where the oil and gas NORM waste was applied and mixed will not exceed 30 pCi/g Radium-226 combined with Radium-228 or 150 pCi/g of any other NORM radionuclide.(c) NORM information. In addition to the application requirements of §3.8 of this title, an applicant for surface or near-surface disposal of oil and gas NORM waste shall include the information specified in this paragraph. The Commission may require the applicant to provide any such additional information as may be necessary to show that the proposed disposal will protect public health, safety, and the environment.(1) The applicant shall describe the physical nature (such as pipe scale, contaminated soil, basic sediment) of the oil and gas NORM waste to be disposed of.(2) The applicant shall state the total volume of oil and gas NORM waste to be disposed of or the proposed rate of oil and gas NORM waste disposal.(3) If the oil and gas NORM waste has been treated or processed to reduce the radioactivity concentration under a specific license issued by the TDH, the applicant shall state the maximum measured radioactivity level (in pCi/g of Radium-226 combined with Radium-228 for soil or other media such as pipe scale, contaminated soil, basic sediment, etc.). If the oil and gas NORM waste will be treated or processed at the disposal site to reduce the radioactivity concentration, the applicant shall state the maximum measured radioactivity level (in pCi/g of Radium-226 combined with Radium-228, and any other NORM radionuclide, for soil or other media such as pipe scale, contaminated soil, basic sediment, etc.).(4) The applicant shall include the background radioactivity concentration (in pCi/g of Radium-226 combined with Radium-228) of the disposal area.(5) The applicant shall describe all methods to be used to control dust from the oil and gas NORM waste during disposal.(6) The applicant shall include written authorization from the surface owner, if different from the applicant, for disposal of oil and gas NORM waste on the surface owner's property.(d) Notice requirements. The applicant shall give notice of an application for a permit to dispose of oil and gas NORM waste under this section as required in §3.8 of this title and such notice shall include the information required in subsection (c)(1) - (5) of this section.", "sourceNote": "Source Note: The provisions of this §4.620 adopted to be effective March 3, 2003, 28 TexReg 1838; amended to be effective February 3, 2011, 36 TexReg 410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100563", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.623", "label": "Alternatives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150452", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission may approve alternatives to the provisions of §4.617 and §4.620 of this title (relating to Permit for Injection, and Permit for Surface Disposal) for good cause if the applicant demonstrates to the Commission's satisfaction that the alternatives will protect public health, safety, and the environment. An operator requesting to use an alternative method shall submit the request in writing. The Commission shall review the request within 30 days and shall approve or deny the request in writing.", "sourceNote": "Source Note: The provisions of this §4.623 adopted to be effective March 3, 2003, 28 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150452", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.626", "label": "Recordkeeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100565", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Retention period. A person shall retain current records relating to the radiation exposure levels of equipment and the disposal of oil and gas NORM waste for at least five years. Such records shall include the information specified in this section and in §4.605 of this title (relating to Identification of Equipment Contaminated with NORM).(b) Equipment. The owner or operator of the lease, unit, or facility shall maintain records of the radiation exposure levels of equipment, the date the exposure levels were determined, and the location and identification of the equipment.(c) Waste generation. The operator of the lease, unit, or facility at which oil and gas NORM waste was generated shall maintain records that include:(1) the identity of the property where the oil and gas NORM waste was generated, including the Commission district; field; lease, unit, or facility; and producing formation, if known;(2) the identity of the facility, site, or well where the oil and gas NORM waste was disposed of;(3) the physical nature (such as pipe scale, contaminated soil, basic sediment, or equipment) of the oil and gas NORM waste;(4) the volume of oil and gas NORM waste the person disposed of at that facility, site, or well; and(5) the radioactivity level(s) of the oil and gas NORM waste (in pCi/g of Radium-226 combined with Radium-228 and any other NORM radionuclide for soil and other media such as pipe scale, contaminated soil, basic sediment, etc., or in µR/hr for equipment).(d) Disposal. Each person who disposes of oil and gas NORM waste shall maintain records that include the identity of the operator of the lease, unit, or facility at which the oil and gas NORM was generated and the information required under subsection (b) or (c) of this section.(e) Extension during investigation. Each operator shall retain any documents or records that contain information pertinent to the resolution of any pending Commission enforcement proceeding beyond any time period specified in this subchapter until the resolution of the proceeding.(f) Examination and reporting. Any person who keeps records required by this subchapter shall make the records available for examination and copying by the Commission during reasonable working hours. Upon request of the Commission, the person who keeps the records shall file such records with the Commission.", "sourceNote": "Source Note: The provisions of this §4.626 adopted to be effective March 3, 2003, 28 TexReg 1838; amended to be effective February 3, 2011, 36 TexReg 410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100565", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.629", "label": "Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117641", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall have access to properties subject to the requirements of this subchapter as provided in Texas Natural Resources Code, Title 3, Subtitle B, Chapter 88, §88.091 and §88.092.", "sourceNote": "Source Note: The provisions of this §4.629 adopted to be effective March 3, 2003, 28 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117641", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.632", "label": "Penalties and Certificate of Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154596", "queryAsDate": "03/11/2026" }, "ruleBody": "A person who violates any requirement in this subchapter may be subject to the penalties and remedies specified in the Texas Natural Resources Code, Title 3, and subject to revocation of the certificate of compliance for any well as provided in §3.73 of this title (relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance).", "sourceNote": "Source Note: The provisions of this §4.632 adopted to be effective March 3, 2003, 28 TexReg 1838; amended to be effective November 24, 2004, 29 TexReg 10732." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154596", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "4", "label": "ENVIRONMENTAL PROTECTION" }, "subchapter": { "number": "F", "label": "OIL AND GAS NORM" }, "rule": { "number": "§4.635", "label": "Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Department of State Health Services (DSHS) Regarding Radiation Control Functions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210163", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this Memorandum of Understanding (MOU) is to delineate areas of respective jurisdiction and to coordinate the respective responsibilities and duties of the DSHS and the RRC in the regulation of sources of radiation in accordance with Texas Health and Safety Code (HSC), §401.414, to provide a consistent approach and to avoid duplication. Nothing in this MOU shall be construed to reduce the statutory authority of either agency.(b) Definitions. The words and terms used in this section shall have the same meaning as defined in HSC, §401.003, unless the context clearly indicates otherwise. Oil and gas NORM (naturally occurring radioactive material) waste is defined in HSC, §401.003(27), as solid, liquid, or gaseous material or combination of materials, excluding source material, special nuclear material, and by-product material, that:(1) in its natural physical state spontaneously emits radiation;(2) is discarded or unwanted;(3) is not exempt by DSHS rule adopted under HSC, §401.106; and(4) constitutes, is contained in, or has contaminated oil and gas waste as that term is defined in Texas Natural Resources Code, §91.1011.(c) General agency jurisdiction. The jurisdictional authority for each agency is as follows.(1) RRC jurisdiction. In accordance with HSC, §401.415 (relating to Oil and Gas Naturally Occurring Radioactive Material (NORM) Waste), the RRC has sole authority:(A) to regulate and issue licenses, permits, and orders for the disposal of oil and gas NORM waste; and(B) in order to protect public health and safety and the environment, to require the owner or operator of oil and gas equipment used in exploration, production, or disposal to determine whether the equipment contains or is contaminated with oil and gas NORM waste and identify any equipment determined to contain or be contaminated with oil and gas NORM.(2) DSHS jurisdiction. The DSHS has jurisdiction to regulate and license the possession, receipt, use, handling, transfer, transport, and storage of all radioactive material in accordance with HSC, §401.003(3)(A). The DSHS has sole jurisdiction to regulate and register or license the use or service of electronic products as defined in HSC, §401.003(9). HSC, §401.106, gives the DSHS the authority, through rulemaking by the executive commissioner of the Texas Health and Human Services Commission, to exempt a source of radiation or a kind of use or user from licensing or registration requirements.(d) Jurisdiction over specific activities and wastes. Each agency has the following responsibilities.(1) Disposal activities. The RRC has jurisdiction over the disposal of oil and gas NORM waste. For purposes of this MOU, disposal is defined in §4.603(3) of this title (relating to Definitions) as \"engaging in the act of discharging, depositing, injecting, dumping, spilling, leaking, or placing of any oil and gas NORM waste into or on any land or water, or causing or allowing any such act, so that such waste, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including subsurface waters. For purposes of this subchapter, disposal of oil and gas NORM waste includes its management at the site (e.g., lease, unit, or facility) where disposal will occur when undertaken for the explicit purpose of facilitating disposal at that site. The term does not include decontamination activities, except for in-place mixing of oil and gas NORM waste to remedy historical contamination of the land surface and decontamination of equipment and facilities that become contaminated solely through disposal operations. In addition, the term does not include activities, including processing or treatment, that occur at a location other than the disposal site.\"(2) Decontamination activities. The DSHS has jurisdiction over decontamination activities, except for in-place mixing of oil and gas NORM waste to remedy historical contamination of the land surface and decontamination of equipment and facilities that become contaminated solely through disposal operations.(3) Transportation activities. The DSHS has jurisdiction over the transportation of oil and gas NORM waste.(4) Radioactive logging tools. The DSHS has jurisdiction over radioactive logging tools used during normal operations by the licensee. The RRC and the DSHS have jurisdiction over radioactive logging tools that are abandoned down hole.(5) Radioactive tracers. The DSHS has jurisdiction over radioactive tracers used in normal operations by the licensee. The RRC has jurisdiction over Class II injection wells into which well logging screen out wastes (well returns) may be disposed in accordance with 25 TAC §289.253(u)(3) (relating to Radiation Safety Requirements for Well Logging Service Operations and Tracer Studies).(6) NORM contaminated equipment. The DSHS has jurisdiction over NORM-contaminated equipment, except as stated in subsection (c)(1) of this section, and with respect to the RRC requirements for identification of equipment contaminated with oil and gas NORM in §4.605 of this title (relating to Identification of Equipment Contaminated with NORM).(7) Recycling/scrap yards. The RRC has jurisdiction over the disposal of NORM-contaminated scale from oil and gas equipment that is managed at a pipe yard, scrap yard, or recycling facility. However, the decontamination of NORM-contaminated pipe and other equipment at any facility is under the jurisdiction of the DSHS. A DSHS-specific license is required to perform the removal of NORM-contaminated scale on the ground at a pipe yard, scrap yard, or recycling facility in accordance with 25 TAC §289.259(i) (relating to Licensing of Naturally Occurring Radioactive Material (NORM)). The removed NORM waste requires disposal in accordance with RRC regulations.(e) Coordination of regulatory activities. The DSHS and the RRC shall coordinate with each other in the following activities.(1) The DSHS and the RRC each agree to work together to ensure that complete regulation is maintained for radioactive materials and other sources of radiation associated with oil and gas exploration, development, and production operations. The DSHS and the RRC each agree to coordinate rulemaking activities between the two agencies and the Texas Radiation Advisory Board (TRAB) to ensure consistency of regulation in accordance with HSC, 401.020. In addition, the RRC agrees to coordinate with the DSHS in the preparation of the annual evaluation and report to the Legislative Budget Board as required under the Texas Government Code, §2110.006 and §2110.007. The DSHS and the RRC each agree to seek, and consider, advice from the TRAB on issues that involve management or disposal of NORM waste generated in connection with oil or gas exploration, development, or production operations.(2) The DSHS and the RRC each agree to coordinate rulemaking activities that pertain to the requirements of the agreement between the State of Texas and the United States Nuclear Regulatory Commission, as amended, and to ensure that rules and guidelines are compatible with federal regulatory programs. Each agency agrees to coordinate with the other by providing information on any proposed legislation relating to the regulation of radioactive substances.(3) The DSHS and the RRC each agree to meet as needed to discuss possible changes in this MOU and to encourage increased communication between the agencies.(4) The DSHS and the RRC each agree to coordinate with the other agency with respect to activities involving radioactive sources that are lodged, abandoned, or lost down hole. Prior to approving abandonment procedures, tool recovery, well re-entry, and corrective action when a radioactive source has been breached or radiation otherwise escapes the source, the RRC will assure coordination with and concurrence from DSHS.(f) Coordination of enforcement and incident response activities. The DSHS has responsibility for enforcement of the conditions of its licenses and rules. The RRC has jurisdiction for enforcement of the conditions of its permits and rules. Each agency will refer to the other agency any complaints received that are the responsibility of the other agency. When deemed appropriate by both agencies, the RRC and the DSHS may jointly enforce permit and license terms and conditions, make joint inspections and incident investigations, and cooperate on enforcement actions. Each agency shall retain the authority to undertake separate enforcement or legal actions.(g) Mutual assistance. The DSHS and the RRC may each request from the other agency short-term assistance of personnel or resources when there is need for such assistance, such as for performing training, environmental or public health or safety monitoring, or technical reviews. Each agency will provide the requested assistance to the extent possible without disrupting its own required activities.(h) Miscellaneous.(1) The RRC and the DSHS agree to revise their respective rules and procedures as needed to implement this MOU.(2) If any provision of this MOU is held to be invalid, the remaining provisions shall not be affected.(i) Effective date. This MOU will take effect after approval by both agencies and 20 days after the date on which it is filed in the Office of the Secretary of State in accordance with the provisions of Texas Government Code, §2001.036. This MOU will remain in effect until rescinded by either agency.", "sourceNote": "Source Note: The provisions of this §4.635 adopted to be effective January 2, 2012, 36 TexReg 9323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210163", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§5.101", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215108", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this chapter is to implement the state program for geologic storage of anthropogenic CO2 consistent with state and federal law related to protection of underground sources of drinking water.", "sourceNote": "Source Note: The provisions of this §5.101 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective September 19, 2022, 47 TexReg 5797." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§5.102", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215078", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms, when used in Subchapter B of this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Affected person--A person who, as a result of activity sought to be permitted has suffered or may suffer actual injury or economic damage other than as a member of the general public.(2) Anthropogenic carbon dioxide (CO 2 )--(A) CO2 that has been captured from or would otherwise have been released into the atmosphere that has been:(i) separated from any other fluid stream; or(ii) captured from an emissions source, including:(I) an advanced clean energy project as defined by Health and Safety Code, §382.003, or another type of electric generation facility; or(II) an industrial source of emissions; and(iii) any incidental associated substance derived from the source material for, or from the process of capturing, CO2 described by clause (i) of this subparagraph; and(iv) any substance added to CO2 described by clause (i) of this subparagraph to enable or improve the process of injecting the CO2 ; and(B) does not include naturally occurring CO2 that is produced, acquired, recaptured, recycled, and reinjected as part of enhanced recovery operations.(3) Anthropogenic CO2 injection well--An injection well used to inject or transmit gaseous, liquid, or supercritical anthropogenic CO2 into a reservoir.(4) Aquifer--A geologic formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.(5) Area of review (AOR)--The subsurface three-dimensional extent of the CO2 stream plume and the associated pressure front, as well as the overlying formations, any underground sources of drinking water overlying an injection zone along with any intervening formations, and the surface area above that delineated region.(6) Carbon dioxide (CO2 ) plume--The underground extent, in three dimensions, of an injected CO2 stream.(7) Carbon dioxide (CO2 ) stream--CO2 that has been captured from an emission source or the atmosphere, incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process. The term does not include any CO2 stream that meets the definition of a hazardous waste under 40 CFR Part 261.(8) Casing--A pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole.(9) Cementing--The operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing.(10) Class VI well--Any well used to inject anthropogenic CO2 specifically for the purpose of the long-term containment of a gaseous, liquid, or supercritical CO2 in subsurface geologic formations.(11) Code of Federal Regulations (CFR)--The codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.(12) Commission--A quorum of the members of the Railroad Commission of Texas convening as a body in open meeting.(13) Confining zone--A geologic formation, group of formations, or part of a formation stratigraphically overlying the injection zone or zones that acts as barrier to fluid movement. For Class VI wells operating under an injection depth waiver, confining zone means a geologic formation, group of formations, or part of a formation stratigraphically overlying and underlying the injection zone or zones that acts as a barrier to fluid movement.(14) Corrective action--Methods to assure that wells within the area of review do not serve as conduits for the movement of fluids into or between underground sources of drinking water, including the use of corrosion resistant materials, where appropriate.(15) Delegate--The person authorized by the director to take action on behalf of the Railroad Commission of Texas under this chapter.(16) Director--The director of the Oil and Gas Division of the Railroad Commission of Texas or the director's delegate.(17) Division--The Oil and Gas Division of the Railroad Commission of Texas.(18) Draft permit--A document prepared indicating the director's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit are types of \"draft permits.\" A denial of a request for modification, revocation and reissuance, or termination is not a draft permit.(19) Enhanced recovery operation--Using any process to displace hydrocarbons from a reservoir other than by primary recovery, including using any physical, chemical, thermal, or biological process and any co-production project. This term does not include pressure maintenance or disposal projects.(20) EPA--The United States Environmental Protection Agency.(21) Exempted aquifer--An aquifer or its portion that meets the criteria in the definition of underground source of drinking water but which has been exempted according to the procedures in 40 CFR §144.7.(22) Facility closure--The point at which the operator of a geologic storage facility is released from post-injection storage facility care responsibilities.(23) Flow rate--The volume per time unit given to the flow of gases or other fluid substance which emerges from an orifice, pump, turbine or passes along a conduit or channel.(24) Fluid--Any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.(25) Formation--A body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.(26) Formation fluid--Fluid present in a formation under natural conditions.(27) Fracture pressure--The pressure that, if applied to a subsurface formation, would cause that formation to physically fracture.(28) Geologic storage--The long-term containment of gaseous, liquid, or supercritical anthropogenic CO2 in subsurface geologic formations.(29) Geologic storage facility or storage facility--The underground geologic formation, underground equipment, injection wells, and surface buildings and equipment used or to be used for the geologic storage of anthropogenic CO2 and all surface and subsurface rights and appurtenances necessary to the operation of a facility for the geologic storage of anthropogenic CO2 . The term includes the subsurface three-dimensional extent of the CO2 plume, associated area of elevated pressure, and displaced fluids, as well as the surface area above that delineated region, and any reasonable and necessary areal buffer and subsurface monitoring zones. The term does not include a pipeline used to transport CO2 from the facility at which the CO2 is captured to the geologic storage facility. The storage of CO 2 incidental to or as part of enhanced recovery operations does not in itself automatically render a facility a geologic storage facility.(30) Good faith claim--A factually supported claim based on a recognized legal theory to a continuing possessory right in pore space such that the pore space can be used for geologic storage of carbon dioxide.(31) Injection zone--A geologic formation, group of formations, or part of a formation that is of sufficient areal extent, thickness, porosity, and permeability to receive CO 2 through a well or wells associated with a geologic storage facility.(32) Injection well--A well into which fluids are injected. (33) Interested person--Any person who expresses an interest in an application, permit, or Class VI UIC well.(34) Limited English-speaking household--A household in which all members 14 years and older have at least some difficulty with English.(35) Lithology--The description of rocks on the basis of their physical and chemical characteristics.(36) Mechanical integrity--(A) An anthropogenic CO2 injection well has mechanical integrity if:(i) there is no significant leak in the casing, tubing, or packer; and(ii) there is no significant fluid movement into a stratum containing an underground source of drinking water through channels adjacent to the injection well bore as a result of operation of the injection well.(B) The Commission will consider any deviations during testing that cannot be explained by the margin of error for the test used to determine mechanical integrity, or other factors, such as temperature fluctuations, to be an indication of the possibility of a significant leak and/or the possibility of significant fluid movement into a stratum containing an underground source of drinking water through channels adjacent to the injection wellbore.(37) Monitoring well--A well either completed or re-completed to observe subsurface phenomena, including the presence of anthropogenic CO2 , pressure fluctuations, fluid levels and flow, temperature, and/or in situ water chemistry.(38) Offshore--The area in the Gulf of Mexico seaward of the coast that is within three marine leagues of the coast.(39) Operator--A person, acting for itself or as an agent for others, designated to the Railroad Commission of Texas as the person with responsibility for complying with the rules and regulations regarding the permitting, physical operation, closure, and post-closure care of a geologic storage facility, or such person's authorized representative. (40) Owner--The owner of any facility or activity subject to regulation under the UIC program.(41) Owner or operator--The owner or operator of any injection well, or any other facility or activity that is subject to regulation under the UIC program. When a geologic storage facility is owned by one person but is operated by another person, it is the operator's duty to comply with the requirements of this subchapter and any permit issued under this subchapter, except that either the owner or the operator may demonstrate financial responsibility.(42) Packer--A device lowered into a well to produce a fluid-tight seal.(43) Permit--An authorization, license, or equivalent control document issued by the Commission to implement the requirements of this chapter.(44) Person--A natural person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(45) Plugging--The act or process of stopping the flow of water, oil or gas into or out of a formation through a borehole or well penetrating that formation.(46) Post-injection facility care--Monitoring and other actions (including corrective action) needed following cessation of injection to assure that underground sources of drinking water are not endangered and that the anthropogenic CO2 remains confined to the permitted injection interval.(47) Pressure front--The zone of elevated pressure that is created by the injection of the CO2 stream into the subsurface where there is a pressure differential sufficient to cause movement of the CO2 stream or formation fluids from the injection zone into an underground source of drinking water.(48) Reservoir--A natural or artificially created subsurface stratum, formation, aquifer, cavity, void, or coal seam.(49) Stratigraphic test well--An exploratory well drilled for the purpose of gathering information in connection with a proposed carbon dioxide geologic storage project, including formation testing to obtain information on the chemical and physical characteristics of the injection zones and confining zones. Such testing may include injectivity testing.(50) Stratum (or strata)--A single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.(51) Surface casing--The first string of well casing to be installed in the well.(52) Transmissive fault or fracture--A fault or fracture that has sufficient permeability and vertical extent to allow fluids to move beyond the confining zone.(53) UIC--Underground injection control.(54) Underground source of drinking water (USDW)--An aquifer or its portion which is not an exempt aquifer as defined in 40 CFR §146.4 and which:(A) supplies any public water system; or(B) contains a sufficient quantity of ground water to supply a public water system; and(i) currently supplies drinking water for human consumption; or(ii) contains fewer than 10,000 mg/l total dissolved solids.(55) Well injection--The subsurface emplacement of fluids through a well.(56) Well stimulation--Any of several processes used to clean the well bore, enlarge channels, and increase pore space in the interval to be injected thus making it possible for fluid to move more readily into the formation including, but not limited to, surging, jetting, blasting, acidizing, and hydraulic fracturing.(57) Workover--An operation in which a down-hole component of a well is repaired or the engineering design of the well is changed. Workovers include operations such as sidetracking, the addition of perforations within the permitted injection interval, and the addition of liners or patches. For the purposes of this chapter, workovers do not include well stimulation operations.", "sourceNote": "Source Note: The provisions of this §5.102 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215078", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "B", "label": "GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)" }, "rule": { "number": "§5.201", "label": "Applicability and Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210166", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope of jurisdiction. This subchapter applies to the geologic storage and associated injection of anthropogenic CO2 in this state, both onshore and offshore. (b) Injection of CO2 for enhanced recovery.(1) This subchapter does not apply to the injection of fluid through the use of an injection well regulated under §3.46 of this title (relating to Fluid Injection into Productive Reservoirs) for the primary purpose of enhanced recovery operations from which there is reasonable expectation of more than insignificant future production volumes of oil, gas, or geothermal energy and operating pressures are no higher than reasonably necessary to produce such volumes or rates. However, the operator of an enhanced recovery project may propose to also permit the enhanced recovery project as a CO2 geologic storage facility simultaneously.(2) If the director determines that an injection well that is permitted for the injection of CO2 for the purpose of enhanced recovery regulated under §3.46 of this title should be regulated under this subchapter because the injection well is no longer being used for the primary purpose of enhanced recovery operations or there is an increased risk to USDWs, the director must notify the operator of such determination and allow the operator at least 30 days to respond to the determination and to file an application under this subchapter or cease operation of the well. In determining if there is an increased risk to USDWs, the director shall consider the following factors:(A) increase in reservoir pressure within the injection zone;(B) increase in CO2 injection rates;(C) decrease in reservoir production rates;(D) distance between the injection zone and USDWs;(E) suitability of the enhanced oil or gas recovery AOR delineation;(F) quality of abandoned well plugs within the AOR;(G) the storage operator's plan for recovery of CO2 at the cessation of injection;(H) the source and properties of injected CO2 ; and(I) any additional site-specific factors as determined by the director.(3) This subchapter does not preclude an enhanced oil recovery project operator from opting into a regulatory program that provides carbon credit for anthropogenic CO2 sequestered through the enhanced recovery project.(c) Injection of acid gas. This subchapter does not apply to the disposal of acid gas generated from oil and gas activities from leases, units, fields, or a gas processing facility. Injection of acid gas that contains CO2 and that was generated as part of oil and gas processing may continue to be permitted as a Class II injection well. The potential need to transition a well from Class II to Class VI shall be based on the increased risk to USDWs related to significant storage of CO2 in the reservoir, where the regulatory tools of the Class II program cannot successfully manage the risk. In determining if there is an increased risk to USDWs, the director shall consider the following factors:(1) the reservoir pressure within the injection zone;(2) the quantity of acid gas being disposed of;(3) the distance between the injection zone and USDWs;(4) the suitability of the disposed waste AOR delineation; (5) the quality of abandoned well plugs within the AOR;(6) the source and properties of injected acid gas; and(7) any additional site-specific factors as determined by the director.(d) This subchapter applies to a well that is authorized as or converted to an anthropogenic CO2 injection well for geologic storage (a Class VI injection well). This subchapter applies regardless of whether the well was initially completed for the purpose of injection and geologic storage of anthropogenic CO2 or was initially completed for another purpose and is converted to the purpose of injection and geologic storage of anthropogenic CO2 , except that the Commission may not issue a permit under this subchapter for the conversion of a previously plugged and abandoned Class I injection well, including any associated waste plume, to a Class VI injection well.(e) Expansion of aquifer exemption. The areal extent of an aquifer exemption for a Class II enhanced recovery well may be expanded for the exclusive purpose of Class VI injection for geologic storage if the aquifer does not currently serve as a source of drinking water; and the total dissolved solids content is more than 3,000 milligrams per liter (mg/l) and less than 10,000 mg/l; and it is not reasonably expected to supply a public water system in accordance with 40 CFR §146.4. An operator seeking such an expansion shall submit, concurrent with the permit application, a supplemental report that complies with 40 CFR §144.7(d). The Commission adopts 40 CFR §144.7 and §146.4 by reference, effective September 20, 2022.(f) Injection depth waiver. An operator may seek a waiver from the Class VI injection depth requirements for geologic storage to allow injection into non-USDW formations while ensuring that USDWs above and below the injection zone are protected from endangerment. An operator seeking a waiver of the requirement to inject below the lowermost USDW shall submit, concurrent with the permit application or a permit amendment application, a supplemental report that complies with 40 CFR §146.95. The Commission adopts 40 CFR §146.95 by reference, effective September 20, 2022.(g) This subchapter does not apply to the injection of any CO2 stream that meets the definition of a hazardous waste under 40 CFR Part 261.(h) An operator shall apply for a permit to drill (Form W-1) prior to drilling a stratigraphic test well, notify the UIC Section of the application, and submit a completion report (Form W-2/G-1) once the well is completed. If the operator plans to convert the stratigraphic test well to a Class VI injection well, the well construction shall meet all of the requirements of this subchapter for a Class VI injection well. Any stratigraphic test well drilled for exploratory purposes only shall be governed by the provisions of Commission rules in Chapter 3 of this title (relating to Oil and Gas Division) applicable to the drilling, safety, casing, abandoning, and plugging of wells. As an alternative to drilling a stratigraphic test well, an operator may obtain data for site characterization from offset wells.(i) If a provision of this subchapter conflicts with any provision or term of a Commission order or permit, the provision of such order or permit controls provided that the provision satisfies the minimum requirements for EPA's Class VI UIC program.(j) The operator of a geologic storage facility must comply with the requirements of this subchapter as well as with all other applicable Commission rules and orders, including the requirements of Chapter 8 of this title (relating to Pipeline Safety Regulations) for pipelines and associated facilities.", "sourceNote": "Source Note: The provisions of this §5.201 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210166", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "B", "label": "GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)" }, "rule": { "number": "§5.202", "label": "Permit Required, and Draft Permit and Fact Sheet" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215079", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Permit required.(1) A person shall not begin drilling or operating an anthropogenic CO2 injection well for geologic storage regulated under this subchapter or constructing or operating a geologic storage facility regulated under this subchapter without first obtaining the necessary permits from the Commission. Following receipt of a geologic storage facility permit issued under this subchapter, the storage operator shall obtain a permit to drill, deepen, or convert a well for storage purposes in accordance with §3.5 of this title (relating to Application to Drill, Deepen, Reenter, or Plug Back).(2) A person may not begin injection until:(A) construction of the well is complete;(B) the operator has submitted to the director notice of completion of construction;(C) the Commission has inspected or otherwise reviewed the injection well and finds it is in compliance with the conditions of the permit; and(D) the director has issued a permit to operate the injection well.(b) Permit amendment.(1) An operator must file an application to amend an existing geologic storage facility permit with the director:(A) prior to expanding the areal extent of the storage reservoir;(B) prior to increasing the permitted injection pressure or injection rate;(C) prior to adding injection wells; or(D) at any time that conditions at the geologic storage facility materially deviate from the conditions specified in the permit or permit application.(2) Compliance with plan amendments required by this subchapter does not necessarily constitute a material deviation in conditions requiring an amendment of the permit.(c) Permit transfer. An operator may transfer its geologic storage facility permit to another operator if the requirements of this subsection are met. A new operator shall not assume operation of the geologic storage facility without a valid permit.(1) Notice. An applicant must submit written notice of an intended permit transfer to the director at least 45 days prior to the date the transfer of operations is proposed to take place, unless such action could trigger U. S. Securities and Exchange Commission fiduciary and insider trading restrictions and/or rules.(A) The applicant's notice to the director must contain:(i) the name and address of the person to whom the geologic storage facility will be sold, assigned, transferred, leased, conveyed, exchanged, or otherwise disposed;(ii) the name and location of the geologic storage facility and a legal description of the land upon which the storage facility is situated;(iii) the date that the sale, assignment, transfer, lease conveyance, exchange, or other disposition is proposed to become final; and(iv) the date that the transferring operator will relinquish possession as a result of the sale, assignment, transfer, lease conveyance, exchange, or other disposition.(B) The person acquiring a geologic storage facility, whether by purchase, transfer, assignment, lease, conveyance, exchange, or other disposition, must notify the director in writing of the acquisition as soon as it is reasonably possible but not later than five business days after the date that the acquisition of the geologic storage facility becomes final. The director shall not approve the transfer of a geologic storage facility permit until the new operator provides all of the following:(i) the name and address of the operator from which the geologic storage facility was acquired;(ii) the name and location of the geologic storage facility and a description of the land upon which the geologic storage facility is situated;(iii) the date that the acquisition became or will become final;(iv) the date that possession was or will be acquired; and(v) the financial assurance required by this subchapter.(2) Evidence of financial responsibility. The operator acquiring the permit must provide the director with evidence of financial responsibility satisfactory to the director in accordance with §5.205 of this title (relating to Fees, Financial Responsibility, and Financial Assurance).(3) Transfer of responsibility. An operator remains responsible for the geologic storage facility until the director approves in writing the sale, assignment, transfer, lease, conveyance, exchange, or other disposition and the person acquiring the storage facility complies with all applicable requirements.(d) Modification, revocation and reissuance, or termination of a geologic storage facility permit.(1) Permit review. Permits are subject to review by the Commission. Any interested person may request that the Commission review a permit issued under this subchapter for one of the reasons set forth in paragraph (2) of this subsection. All requests must be in writing and must contain facts or reasons supporting the request. If the Commission determines that the request may have merit or at the Commission's initiative for one or more of the reasons set forth in paragraph (2) of this subsection, the Commission may review the permit.(2) Action by the Commission. The director may modify, revoke and reissue, or terminate a geologic storage facility permit after notice and opportunity for hearing under any of the following circumstances.(A) Causes for modification or for revocation and reissuance. The following may be causes for revocation and reissuance as well as modification:(i) Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance that justify the inclusion of permit conditions that are different from or absent in the existing permit.(ii) New information. The director has received new material information that was not available at the time of permit issuance and would have justified the inclusion of different permit conditions at the time of issuance. This may include any increase greater than the permitted CO2 storage volume, and/or changes in the chemical composition of the CO2 stream that in the judgment of the director, would interfere with the operation of the facility or its ability to meet the permit conditions.(iii) New regulations. The standards or regulations on which the permit was based have been materially changed by promulgation of new or amended standards or regulations or by judicial decision after the permit was issued.(iv) Compliance schedules. The director determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage, or other events over which the permittee has little or no control and for which there is no reasonably available remedy.(v) Basis for permit modification. The director shall modify the permit whenever the director determines that permit changes are necessary based on:(I) a re-evaluation under §5.203(d) of this title (relating to Application Requirements);(II) any amendments to the testing and monitoring plan under §5.203(j) of this subchapter;(III) any amendments to the injection well plugging plan under §5.203(k) of this title;(IV) any amendments to the post-injection site care and site closure plan under §5.203(m) of this title;(V) any amendments to the emergency and remedial response plan under §5.203(l) of this title;(VI) a review of monitoring and/or testing results conducted in accordance with permit requirements;(VII) cause exists for termination under subparagraph (B) of this paragraph, and the director determines that modification or revocation and reissuance is appropriate;(VIII) the director has received notification of a proposed transfer of the permit; or(IX) a determination that the fluid being injected is a hazardous waste as defined in 40 CFR §261.3 either because the definition has been revised, or because a previous determination has been changed.(vi) If the director tentatively decides to modify or revoke and reissue a permit, the director shall prepare a draft permit incorporating the proposed changes. The director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the director shall require the submission of a new application.(vii) In a permit modification, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the existing permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.(viii) Upon the consent of the permittee, the director may modify a permit to make the corrections or allowances for minor changes in the permit, without following the procedures of subsection (e) of this section, and §5.204 of this title (relating to Notice of Permit Actions and Public Comment Period), to:(I) correct typographical errors;(II) require more frequent monitoring or reporting by the permittee;(III) change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;(IV) allow for a change in ownership or operational control of a facility where the director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the director;(V) change quantities or types of fluids injected which are within the capacity of the facility as permitted and, in the judgment of the director, would not interfere with the operation of the facility or its ability to meet the permit conditions;(VI) change construction requirements approved by the director pursuant to §5.206 of this title (relating to Permit Standards), provided that any such alteration shall comply with the requirements of this subchapter;(VII) amend a plugging and abandonment plan which has been updated under §5.203(k) of this title; or(VIII) amend an injection well testing and monitoring plan, plugging plan, post-injection site care and site closure plan, or emergency and remedial response plan where the modifications merely clarify or correct the plan, as determined by the director.(B) Termination of permits.(i) The following may be causes to terminate a permit during its term, or deny a permit renewal application:(I) the permittee's failure to comply with any condition of the permit or applicable Commission orders or regulations;(II) the permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;(III) fluids are escaping or are likely to escape from the injection zone;(IV) USDWs are likely to be endangered as a result of the continued operation of the geologic storage facility; or(V) a determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination.(ii) The director shall follow the applicable procedures in subsection (e) of this section, and §5.204 of this title, in terminating any permit under this section.(iii) If the director tentatively decides to terminate a permit under this subchapter, where the permittee objects, the director shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit.(3) Facility siting. Suitability of the facility location shall not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.(4) Emergency shutdown. Notwithstanding the provisions of paragraph (2) of this subsection, in the event of an emergency that threatens endangerment to USDWs or to life or property, or an imminent threat of uncontrolled release of CO2, the director may immediately order suspension of the operation of the geologic storage facility until a final order is issued pursuant to a hearing, if any.(e) Draft permit and fact sheet.(1) Draft permit; notice of intent to deny.(A) Once a geologic storage facility permit application is complete, the director shall decide whether to prepare a draft permit or to deny the application.(B) If the director tentatively decides to deny the permit application, the director shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. If the director's final decision is that the tentative decision to deny the permit application was incorrect, the director shall withdraw the notice of intent to deny and proceed to prepare a draft permit.(C) If the director decides to prepare a draft permit, the draft permit shall contain the permit conditions required under §5.206 of this title (relating to Permit Standards). If the director is issuing a denial, the permit conditions are not required.(2) Fact sheet.(A) The director shall prepare a fact sheet for every draft permit. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit.(B) The director shall send this fact sheet to the applicant and, on request, to any other person. The director shall post the fact sheet on the Commission's website.(C) The fact sheet shall include, when applicable:(i) a brief description of the type of facility or activity which is the subject of the draft permit;(ii) the source and quantity of CO2 proposed to be injected and stored;(iii) the reasons why any requested variances or alternatives to required standards do or do not appear justified;(iv) a description of the procedures for reaching a final decision on the draft permit including:(I) the beginning and ending dates of the comment period;(II) the address where comments will be received;(III) The date, time, and location of the storage facility permit hearing, if a hearing has been scheduled; and(IV) any other procedures by which the public may participate in the final decision; and(v) the name and telephone number of a person to contact for additional information.", "sourceNote": "Source Note: The provisions of this §5.202 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective September 19, 2022, 47 TexReg 5797." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215079", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "B", "label": "GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)" }, "rule": { "number": "§5.203", "label": "Application Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215080", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General.(1) Form and filing; signatories; certification.(A) Form and filing. Each applicant for a permit to construct and operate a geologic storage facility must file an application with the division in Austin on a form prescribed by the Commission. The applicant must file the application and all attachments with the division and with EPA Region 6 in an electronic format approved by EPA. On the same date, the applicant must file one copy with each appropriate district office and one copy with the Executive Director of the Texas Commission on Environmental Quality.(B) Signatories to permit applications. An applicant must ensure that the application is executed by a party having knowledge of the facts entered on the form and included in the required attachments. All permit applications shall be signed as specified in this subparagraph: (i) For a corporation, the permit application shall be signed by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.(ii) For a partnership or sole proprietorship, the permit application shall be signed by a general partner or the proprietor, respectively.(iii) For a municipality, State, Federal, or other public agency, the permit application shall be signed by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes the chief executive officer of the agency or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.(C) Certification. Any person signing a permit application or permit amendment application shall make the following certification: \"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.\"(2) General information.(A) On the application, the applicant must include the name, mailing address, and location of the facility for which the application is being submitted and the operator's name, address, telephone number, Commission Organization Report number, and ownership of the facility.(B) When a geologic storage facility is owned by one person but is operated by another person, it is the operator's duty to file an application for a permit.(C) The application must include a listing of all required permits or construction approvals for the facility received or applied for under federal or state environmental programs;(D) A person making an application to the director for a permit under this subchapter must submit a copy of the application to the Texas Commission on Environmental Quality (TCEQ) and must submit to the director a letter of determination from TCEQ concluding that drilling and operating an anthropogenic CO2 injection well for geologic storage or constructing or operating a geologic storage facility will not impact or interfere with any previous or existing Class I injection well, including any associated waste plume, or any other injection well authorized or permitted by TCEQ. The letter must be submitted to the director before any permit under this subchapter may be issued.(E) The application must indicate whether the geologic storage project is located on Indian lands.(F) The application must include a list of contacts for those States, Tribes, and Territories any portion of which is identified to be within the AOR of the geologic storage project based on the map showing the injection well and the AOR.(3) Application completeness. The Commission shall not issue a permit before receiving a complete application. A permit application is complete when the director determines that the application contains information addressing each application requirement of the regulatory program and all information necessary to initiate the final review by the director.(4) Reports. An applicant must ensure that all descriptive reports are prepared by a qualified and knowledgeable person and include an interpretation of the results of all logs, surveys, sampling, and tests required in this subchapter. The applicant must include in the application a quality assurance and surveillance plan for all testing and monitoring, which includes, at a minimum, validation of the analytical laboratory data, calibration of field instruments, and an explanation of the sampling and data acquisition techniques.(5) If otherwise required under Occupations Code, Chapter 1001, relating to Texas Engineering Practice Act, or Chapter 1002, relating to Texas Geoscientists Practice Act, respectively, a licensed professional engineer or geoscientist must conduct the geologic and hydrologic evaluations required under this subchapter and must affix the appropriate seal on the resulting reports of such evaluations.(b) Surface map and information. Only information of public record is required to be included on this map.(1) The applicant must file with the director a surface map delineating the proposed location and geographic coordinates of any injection wells, any proposed monitoring wells, and the boundary of the geologic storage facility for which a permit is sought and the applicable AOR. The applicant must indicate the coordinate system used.(2) The applicant must show within the AOR on the map the number or name and the location of:(A) all known artificial penetrations through the confining zone, including stratigraphic boreholes, injection wells, producing wells, inactive wells, plugged wells, or dry holes;(B) the locations of cathodic protection holes, subsurface cleanup sites, bodies of surface water, springs, surface and subsurface mines, quarries, and water wells; and(C) other pertinent surface features, including pipelines, roads, and structures intended for human occupancy.(3) The applicant must identify on the map any known or suspected faults expressed at the surface.(c) Geologic, geochemical, and hydrologic information.(1) The applicant must submit a descriptive report prepared by a knowledgeable person that includes an interpretation of the results of appropriate logs, surveys, sampling, and testing sufficient to determine the depth, thickness, porosity, permeability, and lithology of, and the geochemistry of any formation fluids in, all relevant geologic formations.(2) The applicant must submit information on the geologic structure and reservoir properties of the proposed storage reservoir and overlying formations, including the following information:(A) geologic and topographic maps and cross sections illustrating regional geology, hydrogeology, and the geologic structure of the area from the ground surface to the base of the injection zone within the AOR that indicate the general vertical and lateral limits of all USDWs within the AOR, their positions relative to the storage reservoir and the direction of water movement, where known;(B) the depth, areal extent, thickness, mineralogy, porosity, permeability, and capillary pressure of, and the geochemistry of any formation fluids in, the storage reservoir and confining zone and any other relevant geologic formations, including geology/facies changes based on field data, which may include geologic cores, outcrop data, seismic surveys, well logs, and lithologic descriptions, and the analyses of logging, sampling, and testing results used to make such determinations;(C) the location, orientation, and properties of known or suspected transmissive faults or fractures that may transect the confining zone within the AOR and a determination that such faults or fractures would not compromise containment;(D) the seismic history, including the presence and depth of seismic sources, and a determination that the seismicity would not compromise containment;(E) geomechanical information on fractures, stress, ductility, rock strength, and in situ fluid pressures within the confining zone;(F) a description of the formation testing program used and the analytical results used to determine the chemical and physical characteristics of the injection zone and the confining zone; and(G) baseline geochemical data for subsurface formations that will be used for monitoring purposes, including all formations containing USDWs within the AOR.(d) AOR and corrective action. This subsection describes the standards for the information regarding the delineation of the AOR, the identification of penetrations, and corrective action that an applicant must include in an application.(1) Initial delineation of the AOR and initial corrective action. The applicant must delineate the AOR, identify all wells that require corrective action, and perform corrective action on those wells. Corrective action may be phased.(A) Delineation of AOR.(i) Using computational modeling that considers the volumes and/or mass and the physical and chemical properties of the injected CO2 stream, the physical properties of the formation into which the CO2 stream is to be injected, and available data including data available from logging, testing, or operation of wells, the applicant must predict the lateral and vertical extent of migration for the CO2 plume and formation fluids and the pressure differentials required to cause movement of injected fluids or formation fluids into a USDW in the subsurface for the following time periods:(I) five years after initiation of injection;(II) from initiation of injection to the end of the injection period proposed by the applicant; and(III) from initiation of injection until the movement of the CO2 plume and associated pressure front stabilizes.(ii) The applicant must use a computational model that:(I) is based on geologic and reservoir engineering information collected to characterize the injection zone and the confining zone;(II) is based on anticipated operating data, including injection pressures, rates, temperatures, and total volumes and/or mass over the proposed duration of injection;(III) takes into account relevant geologic heterogeneities and data quality, and their possible impact on model predictions;(IV) considers the physical and chemical properties of injected and formation fluids; and(V) considers potential migration through known faults, fractures, and artificial penetrations and beyond lateral spill points.(iii) The applicant must provide the name and a description of the model, software, the assumptions used to determine the AOR, and the equations solved.(B) Identification and table of penetrations. The applicant must identify, compile, and submit a table listing all penetrations, including active, inactive, plugged, and unplugged wells and underground mines in the AOR that may penetrate the confining zone, that are known or reasonably discoverable through specialized knowledge or experience. The applicant must provide a description of each penetration's type, construction, date drilled or excavated, location, depth, and record of plugging and/or completion or closure. Examples of specialized knowledge or experience may include reviews of federal, state, and local government records, interviews with past and present owners, operators, and occupants, reviews of historical information (including aerial photographs, chain of title documents, and land use records), and visual inspections of the facility and adjoining properties.(C) Corrective action. The applicant must demonstrate whether each of the wells on the table of penetrations has or has not been plugged and whether each of the underground mines (if any) on the table of penetrations has or has not been closed in a manner that prevents the movement of injected fluids or displaced formation fluids that may endanger USDWs or allow the injected fluids or formation fluids to escape the permitted injection zone. The demonstration shall include evidence that the materials used are compatible with the carbon dioxide stream. The applicant must perform corrective action on all wells and underground mines in the AOR that are determined to need corrective action. The operator must perform corrective action using materials suitable for use with the CO2 stream. Corrective action may be phased.(2) AOR and corrective action plan. As part of an application, the applicant must submit an AOR and corrective action plan that includes the following information:(A) the method for delineating the AOR, including the model to be used, assumptions that will be made, and the site characterization data on which the model will be based;(B) for the AOR, a description of:(i) the minimum fixed frequency, not to exceed five years, at which the applicant proposes to re-evaluate the AOR during the life of the geologic storage facility;(ii) how monitoring and operational data will be used to re-evaluate the AOR; and(iii) the monitoring and operational conditions that would warrant a re-evaluation of the AOR prior to the next scheduled re-evaluation; and(C) a corrective action plan that describes:(i) how the corrective action will be conducted;(ii) how corrective action will be adjusted if there are changes in the AOR;(iii) if a phased corrective action is planned, how the phasing will be determined; and(iv) how site access will be secured for future corrective action.(e) Injection well construction.(1) Criteria for construction of anthropogenic CO2 injection wells. This paragraph establishes the criteria for the information about the construction and casing and cementing of, and special equipment for, anthropogenic CO2 injection wells that an applicant must include in an application.(A) General. The operator of a geologic storage facility must ensure that all anthropogenic CO2 injection wells are constructed and completed in a manner that will:(i) prevent the movement of injected CO2 or displaced formation fluids into any unauthorized zones or into any areas where they could endanger USDWs;(ii) allow the use of appropriate testing devices and workover tools; and(iii) allow continuous monitoring of the annulus space between the injection tubing and long string casing.(B) Casing and cementing of anthropogenic CO2 injection wells.(i) The operator must ensure that injection wells are cased and the casing cemented in compliance with §3.13 of this title (relating to Casing, Cementing, Drilling, Well Control, and Completion Requirements), in addition to the requirements of this section.(ii) Casing, cement, cement additives, and/or other materials used in the construction of each injection well must have sufficient structural strength and must be of sufficient quality and quantity to maintain integrity over the design life of the injection well. All well materials must be suitable for use with fluids with which the well materials may be expected to come into contact and must meet or exceed test standards developed for such materials by the American Petroleum Institute, ASTM International, or comparable standards as approved by the director.(iii) Surface casing must extend through the base of the lowermost USDW above the injection zone and must be cemented to the surface.(iv) Circulation of cement may be accomplished by staging. The director may approve an alternative method of cementing in cases where the cement cannot be circulated to the surface, provided the applicant can demonstrate by using logs that the cement does not allow fluid movement between the casing and the well bore.(v) At least one long string casing, using a sufficient number of centralizers, must extend from the surface to the injection zone and must be cemented by circulating cement to the surface in one or more stages. The long string casing must isolate the injection zone and other intervals as necessary for the protection of USDWs and to ensure confinement of the injected and formation fluids to the permitted injection zone using cement and/or other isolation techniques. If the long string casing does not extend through the injection zone, another well string or liner must be cemented through the injection zone (for example, a chrome liner).(vi) The applicant must verify the integrity and location of the cement using technology capable of radial evaluation of cement quality and identification of the location of channels to ensure that USDWs will not be endangered.(vii) The director may exempt existing Class II wells that have been associated with injection of CO2 for the purpose of enhanced recovery, Class V experimental technology wells, and stratigraphic test wells from provisions of these casing and cementing requirements if the applicant demonstrates that the well construction meets the general performance criteria in subparagraph (A) of this paragraph. A converted well must meet all other requirements under this section. The demonstration must include the following:(I) as-built schematics and construction procedures to demonstrate that repermitting is appropriate;(II) recent or newly conducted well-log information and mechanical integrity test results;(III) a demonstration that any needed remedial actions have been performed;(IV) a demonstration that the well was engineered and constructed to meet the requirements of subparagraph (A) of this paragraph and ensure protection of USDWs;(V) a demonstration that cement placement and materials are appropriate for CO2 injection for geologic storage;(VI) a demonstration that the well has, and is able to maintain, internal and external mechanical integrity over the life of the project; and(VII) the results of any additional testing of the well to support a demonstration of suitability for geologic storage.(C) Special equipment.(i) Tubing and packer. All injection wells must inject fluids through tubing set on a packer. Packers must be set no higher than 100 feet above the top of the permitted injection interval or at a location approved by the director.(ii) Pressure observation valve. The wellhead of each injection well must be equipped with a pressure observation valve on the tubing and each annulus of the well.(2) Construction information. The applicant must provide the following information for each well to allow the director to determine whether the proposed well construction and completion design will meet the general performance criteria in paragraph (1) of this subsection: (A) depth to the injection zone;(B) hole size;(C) size and grade of all casing and tubing strings (e.g., wall thickness, external diameter, nominal weight, length, joint specification and construction material, tubing tensile, burst, and collapse strengths);(D) proposed injection rate (intermittent or continuous), maximum proposed surface injection pressure, external pressure, internal pressure, axial loading, and maximum proposed volume and mass of the CO2 stream to be injected;(E) type of packer and packer setting depth;(F) a description of the capability of the materials to withstand corrosion when exposed to a combination of the CO2 stream and formation fluids;(G) down-hole temperatures and pressures;(H) lithology of injection and confining zones;(I) type or grade of cement and additives;(J) chemical composition and temperature of the CO2 stream; and(K) schematic drawings of the surface and subsurface construction details.(3) Well construction plan. The applicant must submit an injection well construction plan that meets the criteria in paragraph (1) of this subsection.(4) Well stimulation plan. The applicant must submit a description of the proposed well stimulation program, including a description of the stimulation fluids, and a determination that well stimulation will not compromise containment.(f) Plan for logging, sampling, and testing of injection wells before injection. The applicant must submit a plan for logging, sampling, and testing of each injection well prior to injection well operation. The plan need not include identical logging, sampling, and testing procedures for all wells provided there is a reasonable basis for different procedures. Such plan is not necessary for existing wells being converted to anthropogenic CO2 injection wells in accordance with this subchapter, to the extent such activities already have taken place. The plan must describe the logs, surveys, and tests to be conducted to verify the depth, thickness, porosity, permeability, and lithology of, and the salinity of any formation fluids in, the formations that are to be used for monitoring, storage, and confinement to assure conformance with the injection well construction requirements set forth in subsection (e) of this section, and to establish accurate baseline data against which future measurements may be compared. The plan must meet the following criteria and must include the following information.(1) Logs and surveys of newly drilled and completed injection wells.(A) During the drilling of any hole that is constructed by drilling a pilot hole that is enlarged by reaming or another method, the operator must perform deviation checks at sufficiently frequent intervals to determine the location of the borehole and to assure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling.(B) Before surface casing is installed, the operator must run appropriate logs, such as resistivity, spontaneous potential, and caliper logs.(C) After each casing string is set and cemented, the operator must run logs, such as a cement bond log, variable density log, and a temperature log, to ensure proper cementing.(D) Before long string casing is installed, the operator must run logs appropriate to the geology, such as resistivity, spontaneous potential, porosity, caliper, gamma ray, and fracture finder logs, to gather data necessary to verify the characterization of the geology and hydrology.(2) Testing and determination of hydrogeologic characteristics of injection and confining zone.(A) Prior to operation, the operator must conduct tests to verify hydrogeologic characteristics of the injection zone.(B) The operator must perform an initial pressure fall-off or other test and submit to the director a written report of the results of the test, including details of the methods used to perform the test and to interpret the results, all necessary graphs, and the testing log, to verify permeability, injectivity, and initial pressure using water or CO2 .(C) The operator must determine or calculate the fracture pressures for the injection and confining zone. The Commission will include in any permit it might issue a limit of 90% of the fracture pressure to ensure that the injection pressure does not exceed the fracture pressure of the injection zone.(3) Sampling.(A) The operator must record and submit the formation fluid temperature, pH, and conductivity, the reservoir pressure, and the static fluid level of the injection zone.(B) The operator must take whole cores or sidewall cores representative of the injection zone and confining zone and formation fluid samples from the injection zone. The director may require the operator to core other formations in the borehole. The director may accept data from cores and formation fluid samples from nearby wells or other data if the operator can demonstrate to the director that such data are representative of conditions at the proposed injection well. The operator must submit to the director a detailed report prepared by a log analyst that includes well log analyses (including well logs), core analyses, and formation fluid sample information. (g) Compatibility determination. Based on the results of the formation testing program required by subsection (f) of this section, the applicant must submit a determination of the compatibility of the CO2 stream with:(1) the materials to be used to construct the well;(2) fluids in the injection zone; and(3) minerals in both the injection and the confining zone.(h) Mechanical integrity testing.(1) Criteria. This paragraph establishes the criteria for the mechanical integrity testing plan for anthropogenic CO2 injection wells that an applicant must include in an application.(A) Other than during periods of well workover in which the sealed tubing-casing annulus is of necessity disassembled for maintenance or corrective procedures, the operator must maintain mechanical integrity of the injection well at all times.(B) Before beginning injection operations and at least once every five years thereafter, the operator must demonstrate internal mechanical integrity for each injection well by pressure testing the tubing-casing annulus.(C) Following an initial annulus pressure test, the operator must continuously monitor injection pressure, rate, temperature, injected volumes and mass, and pressure on the annulus between tubing and long string casing to confirm that the injected fluids are confined to the injection zone. If mass is determined using volume, the operator must provide calculations.(D) At least once per year until the injection well is plugged, the operator must confirm the absence of significant fluid movement into a USDW through channels adjacent to the injection wellbore (external integrity) using a method approved by the director (e.g., diagnostic surveys such as oxygen-activation logging or temperature or noise logs).(E) The operator must test injection wells after any workover that disturbs the seal between the tubing, packer, and casing in a manner that verifies internal mechanical integrity of the tubing and long string casing.(F) An operator must either repair and successfully retest or plug a well that fails a mechanical integrity test.(2) Mechanical integrity testing plan. The applicant must prepare and submit a mechanical integrity testing plan as part of a permit application. The performance tests must be designed to demonstrate the internal and external mechanical integrity of each injection well. These tests may include:(A) a pressure test with liquid or inert gas;(B) a tracer survey such as oxygen-activation logging;(C) a temperature or noise log;(D) a casing inspection log; and/or(E) any alternative method approved by the director, and if necessary by the Administrator of EPA under 40 CFR §146.89(e), that provides equivalent or better information approved by the director.(i) Operating information.(1) Operating plan. The applicant must submit a plan for operating the injection wells and the geologic storage facility that complies with the criteria set forth in §5.206(d) of this title, and that outlines the steps necessary to conduct injection operations. The applicant must include the following proposed operating data in the plan:(A) the average and maximum daily injection rates, temperature, and volumes and/or mass of the CO2 stream; (B) the average and maximum surface injection pressure;(C) the sources of the CO2 stream and the volume and/or mass of CO2 from each source; and(D) an analysis of the chemical and physical characteristics of the CO2 stream prior to injection.(2) Maximum injection pressure. The director will approve a maximum injection pressure limit that:(A) considers the risks of tensile failure and, where appropriate, geomechanical or other studies that assess the risk of tensile failure and shear failure;(B) with a reasonable degree of certainty will avoid initiation or propagation of fractures in the confining zone or cause otherwise non-transmissive faults transecting the confining zone to become transmissive; and(C) in no case may cause the movement of injection fluids or formation fluids in a manner that endangers USDWs.(j) Plan for monitoring, sampling, and testing after initiation of operation.(1) The applicant must submit a monitoring, sampling, and testing plan for verifying that the geologic storage facility is operating as permitted and that the injected fluids are confined to the injection zone.(2) The plan must include the following:(A) the analysis of the CO2 stream prior to injection with sufficient frequency to yield data representative of its chemical and physical characteristics;(B) the installation and use of continuous recording devices to monitor injection pressure, rate, temperature, and volume and/or mass, and the pressure on the annulus between the tubing and the long string casing, except during workovers;(C) after initiation of injection, the performance on a quarterly basis of corrosion monitoring of the well materials for loss of mass, thickness, cracking, pitting, and other signs of corrosion to ensure that the well components meet the minimum standards for material strength and performance set forth in subsection (e)(1)(A) of this section. The operator must report the results of such monitoring semi-annually. Corrosion monitoring may be accomplished by:(i) analyzing coupons of the well construction materials in contact with the CO2 stream;(ii) routing the CO2 stream through a loop constructed with the materials used in the well and inspecting the materials in the loop; or(iii) using an alternative method, materials, or time period approved by the director;(D) monitoring of geochemical and geophysical changes, including:(i) periodic sampling of the fluid temperature, pH, conductivity, reservoir pressure and static fluid level of the injection zone and monitoring for pressure changes, and for changes in geochemistry, in a permeable and porous formation near to and above the top confining zone;(ii) periodic monitoring of the quality and geochemistry of a USDW within the AOR and the formation fluid in a permeable and porous formation near to and above the top confining zone to detect any movement of the injected CO2 through the confining zone into that monitored formation;(iii) the location and number of monitoring wells justified on the basis of the AOR, injection rate and volume, geology, and the presence of artificial penetrations and other factors specific to the geologic storage facility; and(iv) the monitoring frequency and spatial distribution of monitoring wells based on baseline geochemical data collected under subsection (c)(2) of this section and any modeling results in the AOR evaluation;(E) tracking the extent of the CO2 plume and the position of the pressure front by using indirect, geophysical techniques, which may include seismic, electrical, gravity, or electromagnetic surveys and/or down-hole CO2 detection tools;(F) a demonstration of external mechanical integrity pursuant to subsection (h)(2) of this section at least once per year until the injection well is plugged, and, if required by the director, a casing inspection log pursuant to requirements in subsection (h)(2) of this section at a frequency established in the testing and monitoring plan;(G) a pressure fall-off test at least once every five years unless more frequent testing is required by the director based on site-specific information; and(H) additional monitoring as the director may determine to be necessary to support, upgrade, and improve computational modeling of the AOR evaluation and to determine compliance with the requirements that the injection activity not allow the movement of fluid containing any contaminant into USDWs and that the injected fluid remain within the permitted interval.(k) Well plugging plan. The applicant must submit a well plugging plan for all injection wells and monitoring wells that includes the following:(1) a proposal for plugging all monitoring wells that penetrate the base of usable quality water and all injection wells upon abandonment in accordance with §3.14 of this title (relating to Plugging), in addition to the requirements of this section. The proposal must include:(A) the type and number of plugs to be used;(B) the placement of each plug, including the elevation of the top and bottom of each plug;(C) the type, grade, and quantity of material to be used in plugging and information to demonstrate that the material is compatible with the CO2 stream; and(D) the method of placement of the plugs;(2) proposals for activities to be undertaken prior to plugging an injection well, specifically:(A) flushing each injection well with a buffer fluid;(B) performing tests or measures to determine bottomhole reservoir pressure;(C) performing final tests to assess mechanical integrity; and(D) ensuring that the material to be used in plugging must be compatible with the CO2 stream and the formation fluids;(3) a proposal for giving notice of intent to plug monitoring wells that penetrate the base of usable quality water and all injection wells. The applicant's plan must ensure that:(A) the operator notifies the director at least 60 days before plugging a well. At this time, if any changes have been made to the original well plugging plan, the operator must also provide a revised well plugging plan. At the discretion of the director, an operator may be allowed to proceed with well plugging on a shorter notice period; and(B) the operator will file a notice of intention to plug and abandon (Form W-3A) a well with the appropriate Commission district office and the division in Austin at least five days prior to the beginning of plugging operations;(4) a plugging report for monitoring wells that penetrate the base of usable quality water and all injection wells. The applicant's plan must ensure that within 30 days after plugging the operator will file a complete well plugging record (Form W-3) in duplicate with the appropriate district office. The operator and the person who performed the plugging operation (if other than the operator) must certify the report as accurate;(5) a plan for plugging all monitoring wells that do not penetrate the base of usable quality water in accordance with 16 TAC Chapter 76 (relating to Water Well Drillers and Water Well Pump Installers); and(6) a plan for certifying that all monitoring wells that do not penetrate the base of usable quality water will be plugged in accordance with 16 TAC Chapter 76.(l) Emergency and remedial response plan. The applicant must submit an emergency and remedial response plan that:(1) accounts for the entire AOR, regardless of whether or not corrective action in the AOR is phased;(2) describes actions to be taken to address escape from the permitted injection interval or movement of the injection fluids or formation fluids that may cause an endangerment to USDWs during construction, operation, closure, and post-closure periods;(3) includes a safety plan that includes:(A) emergency response procedures;(B) provisions to provide security against unauthorized activity;(C) CO2 release detection and prevention measures;(D) instructions and procedures for alerting the general public and public safety personnel of the existence of an emergency;(E) procedures for requesting assistance and for follow-up action to remove the public from an area of exposure;(F) provisions for advance briefing of the public within the AOR on subjects such as the hazards and characteristics of CO2 ,(G) the manner in which the public will be notified of an emergency and steps to be taken in case of an emergency; and(H) if necessary, proposed actions designed to minimize and respond to risks associated with potential seismic events, including seismic monitoring; and(4) includes a description of the training and testing that will be provided to each employee at the storage facility on operational safety and emergency response procedures to the extent applicable to the employee's duties and responsibilities. The operator must train all employees before commencing injection and storage operations at the facility. The operator must train each subsequently hired employee before that employee commences work at the storage facility. The operator must hold a safety meeting with each contractor prior to the commencement of any new contract work at a storage facility. Emergency measures specific to the contractor's work must be explained in the contractor safety meeting. Training schedules, training dates, and course outlines must be provided to Commission personnel upon request for the purpose of Commission review to determine compliance with this paragraph.(m) Post-injection storage facility care and closure plan. The applicant must submit a post-injection storage facility care and closure plan. The plan must include:(1) a demonstration containing substantial evidence that the geologic storage project will no longer pose a risk of endangerment to USDWs at the end of the post-injection storage facility care timeframe. The demonstration must be based on significant, site-specific data and information, including all data and information collected pursuant subsections (b)-(d) of this section and §5.206(b)(5) of this title;(2) the pressure differential between pre-injection and predicted post-injection pressures in the injection zone;(3) the predicted position of the CO 2 plume and associated pressure front at closure as demonstrated in the AOR evaluation required under subsection (d) of this section;(4) a description of the proposed post-injection monitoring location, methods, and frequency;(5) a proposed schedule for submitting post-injection storage facility care monitoring results to the director;(6) the estimated cost of proposed post-injection storage facility care and closure; and(7) consideration and documentation of:(A) the results of computational modeling performed pursuant to delineation of the AOR under subsection (d) of this section;(B) the predicted timeframe for pressure decline within the injection zone, and any other zones, such that formation fluids may not be forced into any USDWs, and/or the timeframe for pressure decline to pre-injection pressures;(C) the predicted rate of CO2 plume migration within the injection zone, and the predicted timeframe for the stabilization of the CO2 plume and associated pressure front;(D) a description of the site-specific processes that will result in CO2 trapping including immobilization by capillary trapping, dissolution, and mineralization at the site;(E) the predicted rate of CO2 trapping in the immobile capillary phase, dissolved phase, and/or mineral phase;(F) the results of laboratory analyses, research studies, and/or field or site-specific studies to verify the information required in subparagraphs (D) and (E) of this paragraph;(G) a characterization of the confining zone(s) including a demonstration that it is free of transmissive faults, fractures, and micro-fractures and of appropriate thickness, permeability, and integrity to impede fluid (e.g., CO2 , formation fluids) movement;(H) the presence of potential conduits for fluid movement including planned injection wells and project monitoring wells associated with the proposed geologic storage project or any other projects in proximity to the predicted/modeled, final extent of the CO2 plume and area of elevated pressure;(I) a description of the well construction and an assessment of the quality of plugs of all abandoned wells within the AOR;(J) the distance between the injection zone and the nearest USDWs above and/or below the injection zone; and(K) any additional site-specific factors required by the director; and(8) information submitted to support the demonstration in paragraph (1) of this subsection, which shall meet the following criteria:(A) all analyses and tests performed to support the demonstration must be accurate, reproducible, and performed in accordance with the established quality assurance standards;(B) estimation techniques must be appropriate and EPA-certified test protocols must be used where available;(C) predictive models must be appropriate and tailored to the site conditions, composition of the CO2 stream, and injection and site conditions over the life of the geologic storage project;(D) predictive models must be calibrated using existing information (e.g., at Class I, Class II, or Class V experimental technology well sites) where sufficient data are available;(E) reasonably conservative values and modeling assumptions must be used and disclosed to the director whenever values are estimated on the basis of known, historical information instead of site-specific measurements;(F) an analysis must be performed to identify and assess aspects of the alternative post-injection storage facility care timeframe demonstration that contribute significantly to uncertainty. The operator must conduct sensitivity analyses to determine the effect that significant uncertainty may contribute to the modeling demonstration;(G) an approved quality assurance and quality control plan must address all aspects of the demonstration; and(H) any additional criteria required by the director.(n) Fees, financial responsibility, and financial assurance. The applicant must pay the fees, demonstrate that it has met the financial responsibility requirements, and provide the Commission with financial assurance as required under §5.205 of this title (relating to Fees, Financial Responsibility, and Financial Assurance).(1) The applicant must demonstrate financial responsibility for corrective action, injection well plugging, post-injection storage facility care and storage facility closure, and emergency and remedial response until the director has provided to the operator a written verification that the director has determined that the facility has reached the end of the post-injection storage facility care period.(2) In determining whether the applicant is financially responsible, the director must rely on the following:(A) the person's most recent audited annual report filed with the U. S. Securities and Exchange Commission under Section 13 or 15(d), Securities Exchange Act of 1934 (15 U.S.C. Section 78m or 78o(d)). The date of the audit may not be more than one year before the date of submission of the application to the division; and(B) the person's most recent quarterly report filed with the U. S. Securities and Exchange Commission under Section 13 or 15(d), Securities Exchange Act of 1934 (15 U.S.C. Section 78m or 78o(d)); or(C) if the person is not required to file such a report, the person's most recent audited financial statement. The date of the audit must not be more than one year before the date of submission of the application to the division.(o) Letter from the Groundwater Advisory Unit of the Oil and Gas Division. The applicant must submit a letter from the Groundwater Advisory Unit of the Oil and Gas Division in accordance with Texas Water Code, §27.046.(p) Other information. The applicant must submit any other information requested by the director as necessary to discharge the Commission's duties under Texas Water Code, Chapter 27, Subchapter B-1, or deemed necessary by the director to clarify, explain, and support the required attachments.", "sourceNote": "Source Note: The provisions of this §5.203 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective July 2, 2012, 37 TexReg 4899; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215080", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "B", "label": "GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)" }, "rule": { "number": "§5.204", "label": "Notice of Permit Actions and Public Comment Period" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215081", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice requirements.(1) The Commission shall give notice of the following actions:(A) a draft permit has been prepared under §5.202(e) of this title (relating to Permit Required, and Draft Permit and Fact Sheet); and(B) a hearing has been scheduled under subsection (b)(2) of this section.(2) General notice by publication. The Commission shall publish notice of a draft permit once a week for three consecutive weeks in a newspaper of general circulation in each county where the storage facility is located or is to be located. The Commission shall also post notice of a draft permit on the Commission's website.(3) Methods of notification. The Commission shall give notice by the following methods:(A) Individual notice. Notice of a draft permit or a public hearing shall be given by mailing a copy of the notice to the following persons:(i) the applicant;(ii) the EPA;(iii) the Texas Commission on Environmental Quality, the Texas Water Development Board, the Texas Department of State Health Services, the Texas Parks and Wildlife Department, the Texas General Land Office, the Texas Historical Commission, the United States Fish and Wildlife Service, other Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources, and coastal zone management plans, the Advisory Council on Historic Preservation, including any affected States (Indian Tribes) and any agency that the Commission knows has issued or is required to issue a permit for the same facility under any federal or state environmental program;(iv) each adjoining mineral interest owner, other than the applicant, of the outermost boundary of the proposed geologic storage facility;(v) each leaseholder and interest owner of minerals lying above or below the proposed geologic storage facility;(vi) each adjoining leaseholder of minerals offsetting the outermost boundary of the proposed geologic storage facility;(vii) each owner or leaseholder of any portion of the surface overlying the proposed geologic storage facility and the adjoining area of the outermost boundary of the proposed geologic storage facility; (viii) the clerk of the county or counties where the proposed geologic storage facility is located or is proposed to be located;(ix) the city clerk or other appropriate city official where the proposed geologic storage facility is located within city limits;(x) any other unit of local government having jurisdiction over the area where the geologic storage facility is or is proposed to be located, and each state agency having any authority under state law with respect to the construction or operation of the geologic storage facility;(xi) any State, Tribe, or Territory any portion of which is within the AOR of the Class VI project;(xii) persons on the mailing list developed by the Commission, including those who request in writing to be on the list and by soliciting participants in public hearings in that area for their interest in being included on area mailing lists; and(xiii) any other class of persons that the director determines should receive notice of the application.(B) Any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice of a draft permit under this subsection.(4) Content of notice. Individual notice must consist of:(A) the applicant's intention to construct and operate an anthropogenic CO2 geologic storage facility;(B) a description of the geologic storage facility location;(C) a copy of any draft permit and fact sheet;(D) each physical location and the internet address at which a copy of the application may be inspected;(E) a statement that:(i) affected persons may protest, and interested persons may request a hearing on, the application;(ii) protests and requests for a hearing must be filed in writing and must be mailed or delivered to Technical Permitting, Oil and Gas Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711; and(iii) protests and requests for a hearing must be received by the director within 30 days of the date of receipt of the application by the division, receipt of individual notice, or last publication of notice, whichever is later; and(F) information satisfying the requirements of 40 CFR §124.10(d)(1).(5) Individual notice by publication. The applicant must make diligent efforts to ascertain the name and address of each person identified under paragraph (3)(A) of this subsection. The exercise of diligent efforts to ascertain the names and addresses of such persons requires an examination of county records where the facility is located and an investigation of any other information that is publicly and/or reasonably available to the applicant. If, after diligent efforts, an applicant has been unable to ascertain the name and address of one or more persons required to be notified under paragraph (3)(A) of this subsection, the applicant satisfies the notice requirements for those persons by the publication of the notice of application as required in paragraph (2) of this subsection. The applicant must submit an affidavit to the director specifying the efforts that the applicant took to identify each person whose name and/or address could not be ascertained.(6) Notice to certain communities. The applicant shall identify whether any portions of the AOR encompass an Environmental Justice (EJ) or Limited English-Speaking Household community using the most recent U.S. Census Bureau American Community Survey data. If the AOR incudes an EJ or Limited English-Speaking Household community, the applicant shall conduct enhanced public outreach activities to these communities. Efforts to include EJ and Limited English-Speaking Household communities in public involvement activities in such cases shall include:(A) published meeting notice in English and the identified language (e.g., Spanish);(B) comment forms posted on the applicant's webpage and available at public meeting in English and the alternate language;(C) interpretation services accommodated upon request;(D) English translation of any comments made during any comment period in the alternate language; and(E) to the extent possible, public meeting venues near public transportation.(7) Comment period for a draft permit. Public notice of a draft permit, including a notice of intent to deny a permit application, shall allow at least 30 days for public comment.(b) Public comment and hearing requirements.(1) Public comment.(A) During the public comment period, any interested person may submit written comments on the draft permit and may request a hearing if one has not already been scheduled.(B) Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required.(C) The public comment period shall automatically be extended to the close of any public hearing under this section. The hearing examiner may also extend the comment period by so stating at the hearing.(2) Public hearing.(A) If the Commission receives a protest regarding an application for a new permit or for an amendment of an existing permit for a geologic storage facility from a person notified pursuant to subsection (a) of this section or from any other affected person within 30 days of the date of receipt of the application by the division, receipt of individual notice, or last publication of notice, whichever is later, then the director will notify the applicant that the director cannot administratively approve the application. Upon the written request of the applicant, the director will schedule a hearing on the application.(B) The director shall hold a public hearing whenever the director finds, on the basis of requests, a significant degree of public interest in a draft permit.(C) The director may also hold a public hearing at the director's discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision.(D) Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of a hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.(E) Upon the written request of the applicant, the Commission must give notice of a hearing to all affected persons, local governments, and other persons who express, in writing, an interest in the application. After the hearing, the examiner will recommend a final action by the Commission. Notices shall include information satisfying the requirements of 40 CFR §124.10(d)(2) and the Texas Government Code, §2001.052.(3) If the Commission receives no protest regarding an application for a new permit or for the amendment of an existing permit for a geologic storage facility from a person notified pursuant to subsection (a) of this section or from any other affected person, the director may administratively approve the application.(4) If the director administratively denies an application for a new permit or for the amendment of an existing permit for a geologic storage facility, upon the written request of the applicant, the director will schedule a hearing. After hearing, the examiner will recommend a final action by the Commission.(5) Upon making a final permit decision, the director shall issue a response to comments. The response shall specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change, and shall briefly describe and respond to all significant comments on the draft permit raised during the public comment period or during any hearing. The Commission shall post the response to comments on the Commission's internet website.", "sourceNote": "Source Note: The provisions of this §5.204 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215081", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "B", "label": "GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)" }, "rule": { "number": "§5.205", "label": "Fees, Financial Responsibility, and Financial Assurance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215082", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fees. In addition to the fee for each injection well required by §3.78 of this title (relating to Fees and Financial Security Requirements), the following non-refundable fees must be remitted to the Commission with the application:(1) Base application fee.(A) The applicant must pay to the Commission an application fee of $50,000 for each permit application for a geologic storage facility.(B) The applicant must pay to the Commission an application fee of $25,000 for each application to amend a permit for a geologic storage facility.(2) Injection fee. The operator must pay to the Commission an annual fee of $0.025 per metric ton of CO2 injected into the geologic storage facility.(3) Post-injection care fee. The operator must pay to the Commission an annual fee of $50,000 each year the operator does not inject into the geologic storage facility until the director has authorized storage facility closure.(b) Financial responsibility.(1) A person to whom a permit is issued under this subchapter must provide annually to the director evidence of financial responsibility that is satisfactory to the director. The owner or operator must demonstrate and maintain financial responsibility for corrective action, injection well plugging, post-injection storage facility care and storage facility closure, and emergency and remedial response until the director has provided written verification that the director has determined that the facility has reached the end of the post-injection storage facility care period.(2) In determining whether the person is financially responsible, the director must rely on:(A) the person's most recent audited annual report filed with the U. S. Securities and Exchange Commission under Section 13 or 15(d), Securities Exchange Act of 1934 (15 U.S.C. Section 78m or 78o(d)); and(B) the person's most recent quarterly report filed with the U. S. Securities and Exchange Commission under Section 13 or 15(d), Securities Exchange Act of 1934 (15 U.S.C. Section 78m or 78o(d)); or(C) if the person is not required to file such a report, the person's most recent audited financial statement. The date of the audit must not be more than one year before the date of submission of the application to the director.(3) The applicant's demonstration of financial responsibility must account for the entire AOR, regardless of whether corrective action in the AOR is phased.(c) Financial assurance. The director shall consider and approve the applicant's demonstration of financial responsibility for all the phases of the geologic sequestration project, including the post-injection storage facility care and closure phase and the plugging phase, prior to issuance of a geologic storage injection well permit.(1) Injection and monitoring wells. The owner or operator must comply with the requirements of §3.78 of this title for all monitoring wells that penetrate the base of usable quality water and this subsection for all injection wells.(2) Geologic storage facility.(A) The applicant must include in an application for a geologic storage facility permit:(i) a detailed written estimate, in current dollars, of the cost necessary to perform corrective action on wells in the area of review, plugging of injection wells, post-injection monitoring and closure of the facility, and emergency and remedial response that shows all assumptions and calculations used to develop the estimate;(ii) a copy of the form of the bond or letter of credit that will be filed with the Commission; and(iii) information concerning the issuer of the bond or letter of credit including the issuer's name and address and evidence of authority to issue bonds or letters of credit in Texas.(B) A geologic storage facility shall not receive CO2 until a bond or letter of credit in an amount approved by the director under this subsection and meeting the requirements of this subsection as to form and issuer has been filed with and approved by the director.(C) The determination of the amount of financial assurance for a geologic storage facility is subject to the following requirements: (i) The director must approve the dollar amount of the financial assurance. The amount of financial assurance required to be filed under this subsection must be equal to or greater than the maximum amount necessary to perform corrective action, emergency response, and remedial action, post-injection monitoring and site care, and closure of the geologic storage facility, including plugging of wells, at any time during the permit term in accordance with all applicable state laws, Commission rules and orders, and the permit. The cost estimate must be performed for each phase separately and must be based on the costs to the Commission of hiring a third party to perform the required activities. A third party is a party who is not within the corporate structure of the owner or operator;(ii) A qualified professional engineer licensed by the State of Texas, as required under Occupations Code, Chapter 1001, relating to Texas Engineering Practice Act, must prepare or supervise the preparation of a written estimate of the highest likely amount necessary to close the geologic storage facility. The owner or operator must submit to the director the written estimate under seal of a qualified licensed professional engineer, as required under Occupations Code, Chapter 1001, relating to Texas Engineering Practice Act; and(iii) The Commission may use the proceeds of financial assurance filed under this subsection to pay the costs of plugging any well or wells at the facility if the financial assurance for plugging costs filed with the Commission is insufficient to pay for the plugging of such well or wells.(D) Bonds and letters of credit filed in satisfaction of the financial assurance requirements for a geologic storage facility must comply with the following standards as to issuer and form.(i) The issuer of any geologic storage facility bond filed in satisfaction of the requirements of this subsection must be a corporate surety authorized to do business in Texas. The form of bond filed under this subsection must provide that the bond be renewed and continued in effect until the conditions of the bond have been met or its release is authorized by the director.(ii) Any letter of credit filed in satisfaction of the requirements of this subsection must be issued by and drawn on a bank authorized under state or federal law to operate in Texas. The letter of credit must be an irrevocable, standby letter of credit subject to the requirements of Texas Business and Commerce Code, §§5.101 - 5.118. The letter of credit must provide that it will be renewed and continued in effect until the conditions of the letter of credit have been met or its release is authorized by the director.(iii) The qualifying financial responsibility instruments must comprise protective conditions of coverage. Protective conditions of coverage must include at a minimum cancellation, renewal, and continuation provisions; specifications on when the provider becomes liable following a notice of cancellation if there is a failure to renew with a new qualifying financial instrument; and requirements for the provider to meet a minimum rating, minimum capitalization, and ability to pass the bond rating when applicable.(I) Cancellation. An owner or operator must provide that its financial instrument may not cancel, terminate, or fail to renew except for failure to pay such financial instrument. If there is a failure to pay the financial instrument, the financial institution may elect to cancel, terminate, or fail to renew the instrument by sending notice by certified mail to the owner or operator and the director. The cancellation must not be final until at least 120 days after the Commission receives the cancellation notice. The owner or operator must provide an alternate financial responsibility demonstration within 60 days of notice of cancellation, and if an alternate financial responsibility demonstration is not acceptable or possible, any funds from the instrument being cancelled must be released within 60 days of notification by the director.(II) Renewal. If a financial instrument expires, the owner or operator must renew the financial instrument for the entire term of the geologic storage project. The instrument may be automatically renewed as long as the operator has the option of renewal at the face amount of the expiring instrument. The automatic renewal of the instrument must, at a minimum, provide the holder with the option of renewal at the face amount of the expiring financial instrument.(III) Financial instrument to remain in effect. Cancellation, termination, or failure to renew shall not occur and the financial instrument shall remain in full force and effect if on or before the date of expiration:(-a-) the director deems the facility abandoned;(-b-) the permit is terminated or revoked or a new permit is denied;(-c-) closure is ordered by the director or a United States district court or other court of competent jurisdiction;(-d-) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or(-e-) the amount due is paid.(E) During the active life of the geologic storage project, the owner or operator must adjust the cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instruments used to comply with paragraph (2)(C)(i) of this subsection and provide this adjustment to the director. The owner or operator must also provide to the director written updates of adjustments to the cost estimate within 60 days of any amendments to the area of review and corrective action plan, the injection well plugging plan, the post-injection storage facility care and closure plan, and the emergency and remedial response plan.(F) The owner or operator of a geologic storage facility must provide to the director, and the director must approve, annual written updates of the cost estimate to increase or decrease the cost estimate to account for any changes to the AOR and corrective action plan, the emergency response and remedial action plan, the injection well plugging plan, and the post-injection storage facility care and closure plan. The Director must approve any decrease or increase to the initial cost estimate. During the active life of the geologic storage project, the owner or operator must revise the cost estimate no later than 60 days after the director has approved the request to modify the AOR and corrective action plan, the injection well plugging plan, the post-injection storage facility care and closure plan, and the emergency and response plan, if a change in any of these plans increases the cost. If a change to a plan decreases the cost, any withdrawal of funds must be approved by the director. Any decrease to the value of a financial assurance instrument must first be approved by the director. The revised cost estimate must be adjusted for inflation as specified at paragraph (2)(E) of this subsection. The owner or operator must provide to the director, within 60 days of notification by the director, an adjustment of the cost estimate if the director determines during the annual evaluation of the qualifying financial responsibility instruments that the most recent demonstration is no longer adequate to cover the cost of corrective action, injection well plugging and post-injection storage facility care and closure, and emergency and remedial response.(G) Whenever the current cost estimate increases to an amount greater than the face amount of a financial instrument currently in use, the owner or operator, within 60 days after the increase, must either cause the face amount to be increased to an amount at least equal to the current cost estimate and submit evidence of such increase to the director or obtain other financial responsibility instruments to cover the increase. Whenever the current cost estimate decreases, the face amount of the financial assurance instrument may be reduced to the amount of the current cost estimate only after the operator has received written approval from the director.(H) The requirement to maintain adequate financial responsibility is directly enforceable regardless of whether the requirement is a condition of the permit.(i) The owner or operator must maintain financial responsibility until:(I) the director receives and approves the completed post-injection storage facility care and closure plan; and(II) the director issues the certificate of closure.(ii) The owner or operator may be released from a financial instrument in the following circumstances:(I) The owner or operator has completed the phase of the geologic storage project for which the financial instrument was required and has fulfilled all its financial obligations as determined by the director, including obtaining financial responsibility for the next phase of the geologic storage project, if required; or(II) The owner or operator has submitted a replacement financial instrument and received written approval from the director accepting the new financial instrument and releasing the owner or operator from the previous financial instrument.(3) The director may consider allowing the phasing in of financial assurance for only corrective action based on project-specific factors.(4) The director may approve a reduction in the amount of financial assurance required for post-injection monitoring and/or corrective action based on project-specific monitoring results.(5) The owner or operator must maintain the required financial responsibility regardless of the status of the director's review of the financial responsibility demonstration.(d) Notice of adverse financial conditions.(1) The owner or operator must notify the Commission of adverse financial conditions that may affect the owner's or operator's ability to carry out injection well plugging and post-injection storage facility care and closure. An owner or operator must file any notice of bankruptcy in accordance with §3.1(f) of this title (relating to Organization Report; Retention of Records; Notice Requirements). The owner or operator must give such notice by certified mail.(2) The owner or operator filing a bond must ensure that the bond provides a mechanism for the bond or surety company to give prompt notice to the Commission and the owner or operator of any action filed alleging insolvency or bankruptcy of the surety company or the bank or alleging any violation that would result in suspension or revocation of the surety or bank's charter or license to do business.(3) Upon the incapacity of a bank or surety company by reason of bankruptcy, insolvency or suspension, or revocation of its charter or license, the Commission must deem the owner or operator to be without bond coverage. The Commission must issue a notice to any owner or operator who is without bond coverage and must specify a reasonable period to replace bond coverage, not to exceed 60 days.", "sourceNote": "Source Note: The provisions of this §5.205 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215082", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "B", "label": "GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)" }, "rule": { "number": "§5.206", "label": "Permit Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215083", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General permit conditions.(1) Each condition applicable to a permit shall be incorporated into the permit either expressly or by reference. If incorporated by reference, a specific citation to the rules in this chapter shall be given in the permit. The requirements listed in this section are directly enforceable regardless of whether the requirement is a condition of the permit.(2) The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.(b) General criteria. The director may issue a permit under this subchapter if the applicant demonstrates and the director finds that:(1) the injection and geologic storage of anthropogenic CO2 will not endanger or injure any existing or prospective oil, gas, geothermal, or other mineral resource, or cause waste as defined by Texas Natural Resources Code, §85.046(11); (2) with proper safeguards, both USDWs and surface water can be adequately protected from CO2 migration or displaced formation fluids;(3) the injection of anthropogenic CO2 will not endanger or injure human health and safety;(4) the construction, operation, maintenance, conversion, plugging, abandonment, or any other injection activity does not allow the movement of fluid containing any contaminant into USDWs, if the presence of that contaminant may cause a violation of any primary drinking water regulation under 40 CFR Part 142 or may otherwise adversely affect the health of persons;(5) the reservoir into which the anthropogenic CO2 is injected is suitable for or capable of being made suitable for protecting against the escape or migration of anthropogenic CO2 from the storage reservoir;(6) the geologic storage facility will be sited in an area with suitable geology, which at a minimum must include:(A) an injection zone of sufficient areal extent, thickness, porosity, and permeability to receive the total anticipated volume of the CO2 stream; and(B) a confining zone that is laterally continuous and free of known transecting transmissive faults or fractures over an area sufficient to contain the injected CO2 stream and displaced formation fluids and allow injection at proposed maximum pressures and volumes without compromising the confining zone or causing the movement of fluids that endangers USDWs;(7) the applicant for the permit meets all of the other statutory and regulatory requirements for the issuance of the permit;(8) the applicant has provided a letter from the Groundwater Advisory Unit of the Oil and Gas Division in accordance with §5.203(o) of this title (relating to Application Requirements);(9) the applicant has provided a letter of determination from TCEQ concluding that drilling and operating an anthropogenic CO2 injection well for geologic storage or constructing or operating a geologic storage facility will not impact or interfere with any previous or existing Class I injection well, including any associated waste plume, or any other injection well authorized or permitted by TCEQ;(10) the applicant has provided a signed statement that the applicant has a good faith claim to the necessary and sufficient property rights for construction and operation of the geologic storage facility for at least the first five years after initiation of injection in accordance with §5.203(d)(1)(A) of this title;(11) the applicant has paid the fees required in §5.205(a) of this title (relating to Fees, Financial Responsibility, and Financial Assurance);(12) the director has determined that the applicant has sufficiently demonstrated financial responsibility as required in §5.205(b) of this title; and(13) the applicant submitted to the director financial assurance in accordance with §5.205(c) of this title.(c) Permit conditions for injection well construction.(1) Construction of anthropogenic CO 2 injection wells must meet the criteria in §5.203(e) of this title.(2) Within 30 days after the completion or conversion of an injection well subject to this subchapter, the operator must file with the division a complete record of the well on Commission Form W-2, Oil Well Potential Test, Completion or Recompletion Report and Log showing the current completion.(3) Except in the case of an emergency repair, the operator of a geologic storage facility must notify the director in writing at least 30 days prior to conducting any well workover that involves running tubing and setting packers, beginning any workover or remedial operation, or conducting any required pressure tests or surveys. Such activities shall not commence before the end of the 30 days unless authorized by the director. In the case of an emergency repair, the operator must notify the director of such emergency repair as soon as reasonably practical.(d) Permit conditions for operating a geologic storage facility.(1) Operating plan.(A) The operator must maintain and comply with the approved operating plan.(B) Prior to approval for the operation of a Class VI injection well, the operator shall submit, and the director shall consider, the following information:(i) the final AOR based on modeling, using data obtained during logging and testing of the well and the formation as required by clauses (ii), (iii), (iv), (vi), (vii), and (x) of this subparagraph;(ii) any relevant updates, based on data obtained during logging and testing of the well and the formation as required by clauses (iii), (iv), (vi), (vii), and (x) of this subparagraph to the information on the geologic structure and hydrogeologic properties of the proposed storage site and overlying formations, submitted to satisfy the requirements of §5.203(c)(2) and (3) of this title;(iii) information on the compatibility of the CO2 stream with fluids in the injection zones and minerals in both the injection and the confining zones, based on the results of the formation testing program, and with the materials used to construct the well;(iv) the results of the formation testing program required by §5.203(f) of this title;(v) final injection well construction procedures that meet the requirements of §5.203(e) of this title;(vi) the status of corrective action on wells in the AOR;(vii) all available logging and testing program data on the well required by §5.203(f) of this title;(viii) a demonstration of mechanical integrity pursuant to §5.203(h) of this title;(ix) any updates to the proposed AOR and corrective action plan, testing and monitoring plan, injection well plugging plan, post-injection storage facility care and closure plan, or the emergency and remedial response plan submitted under §5.203(m) of this subchapter, which are necessary to address new information collected during logging and testing of the well and the formation as required by this section, and any updates to the alternative post-injection storage facility care timeframe demonstration submitted under §5.203(m) of this title, which are necessary to address new information collected during the logging and testing of the well and the formation as required by this section; and(x) any other information requested by the director.(2) Operating criteria.(A) Injection between the outermost casing protecting USDWs and the well bore is prohibited.(B) The total volume of CO2 injected into the storage facility must be metered through a master meter or a series of master meters. The volume and/or mass of CO2 injected into each injection well must be metered through an individual well meter. If mass is determined using volume, the operator must provide calculations.(C) The operator must comply with a maximum surface injection pressure limit approved by the director and specified in the permit. In approving a maximum surface injection pressure limit, the director must consider the results of well tests and, where appropriate, geomechanical or other studies that assess the risks of tensile failure and shear failure. The director must approve limits that, with a reasonable degree of certainty, will avoid initiation or propagation of fractures in the confining zone or cause otherwise non-transmissive faults or fractures transecting the confining zone to become transmissive. In no case may injection pressure cause movement of injection fluids or formation fluids in a manner that endangers USDWs. The Commission shall include in any permit it might issue a limit of 90 percent of the fracture pressure to ensure that the injection pressure does not initiate new fractures or propagate existing fractures in the injection zone(s). In no case may injection pressure initiate fractures in the confining zone(s) or cause the movement of injection or formation fluids that endangers a USDW. The director may approve a plan for controlled artificial fracturing of the injection zone.(D) The operator must fill the annulus between the tubing and the long string casing with a corrosion inhibiting fluid approved by the director. The owner or operator must maintain on the annulus a pressure that exceeds the operating injection pressure, unless the director determines that such requirement might harm the integrity of the well or endanger USDWs.(E) The operator must install and use continuous recording devices to monitor the injection pressure, and the rate, volume, and temperature of the CO2 stream. The operator must monitor the pressure on the annulus between the tubing and the long string casing. The operator must continuously record, continuously monitor, or control by a preset high-low pressure sensor switch the wellhead pressure of each injection well.(F) The operator must comply with the following requirements for alarms and automatic shut-off systems.(i) The operator must install and use alarms and automatic shut-off systems designed to alert the operator and shut-in the well when operating parameters such as annulus pressure, injection rate or other parameters diverge from permitted ranges and/or gradients. On offshore wells, the automatic shut-off systems must be installed down-hole.(ii) If an automatic shutdown is triggered or a loss of mechanical integrity is discovered, the operator must immediately investigate and identify as expeditiously as possible the cause. If, upon investigation, the well appears to be lacking mechanical integrity, or if monitoring otherwise indicates that the well may be lacking mechanical integrity, the operator must:(I) immediately cease injection;(II) take all steps reasonably necessary to determine whether there may have been a release of the injected CO2 stream into any unauthorized zone;(III) notify the director as soon as practicable, but within 24 hours;(IV) restore and demonstrate mechanical integrity to the satisfaction of the director prior to resuming injection; and(V) notify the director when injection can be expected to resume.(e) Permit conditions for monitoring, sampling, and testing requirements.(1) The operator of an anthropogenic CO2 injection well must maintain and comply with the approved monitoring, sampling, and testing plan to verify that the geologic storage facility is operating as permitted and that the injected fluids are confined to the injection zone.(2) All permits shall include the following requirements:(A) the proper use, maintenance, and installation of monitoring equipment or methods;(B) monitoring including type, intervals, and frequency sufficient to yield data that are representative of the monitored activity including, when required, continuous monitoring;(C) reporting no less frequently than as specified in §5.207 of this title (relating to Reporting and Record-Keeping).(3) The director may require additional monitoring as necessary to support, upgrade, and improve computational modeling of the AOR evaluation and to determine compliance with the requirement that the injection activity not allow movement of fluid that would endanger USDWs.(4) The director may require measures and actions designed to minimize and respond to risks associated with potential seismic events, including seismic monitoring.(5) The operator shall comply with the following monitoring and record retention requirements.(A) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.(B) The permittee shall retain records of all monitoring information, including the following:(i) calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the permit application, for a period of at least ten years from the date of the sample, measurement, report, or application. This period may be extended by the director at any time; and(ii) the nature and composition of all injected fluids until ten years after the completion of any plugging and abandonment procedures specified in §5.203(k)(2) of this title for the injection wells. The director may require the operator to submit the records to the director at the conclusion of the retention period. This period may be extended by the director at any time.(C) Records of monitoring information shall include:(i) the date, exact place, and time of sampling or measurements;(ii) the individuals who performed the sampling or measurements;(iii) the dates analyses were performed;(iv) the individuals who performed the analyses;(v) the analytical techniques or methods used; and(vi) the results of such analyses.(D) Operators of Class VI wells shall retain records as specified in this subchapter.(f) Permit conditions for mechanical integrity.(1) The operator must maintain and comply with the approved mechanical integrity testing plan submitted in accordance with §5.203(j) of this title.(2) The operator must establish mechanical integrity prior to commencing injection. Thereafter, other than during periods of well workover in which the sealed tubing-casing annulus is of necessity disassembled for maintenance or corrective procedures, the operator must maintain mechanical integrity of the injection well at all times.(3) If the director determines that the injection well lacks mechanical integrity, the director shall give written notice of the director's determination to the operator. Unless the director requires immediate cessation, the operator shall cease injection into the well within 48 hours of receipt of the director's determination. The director may allow plugging of the well or require the permittee to perform such additional construction, operation, monitoring, reporting and corrective action as is necessary to prevent the movement of fluid into or between USDWs caused by the lack of mechanical integrity. The operator may resume injection upon written notification of the director's determination that the operator has demonstrated the well has mechanical integrity.(4) The operator must either repair and successfully retest or plug a well that fails a mechanical integrity test. However, the director may allow the operator of a well which lacks internal mechanical integrity because there is a leak in the casing, tubing, or packer to continue or resume injection if the operator has made a satisfactory demonstration that there is no movement of fluid into or between USDWs.(5) The director may require additional or alternative tests if the results presented by the operator do not demonstrate to the director that there is no significant leak in the casing, tubing, or packer or movement of fluid into or between formations containing USDWs resulting from the injection activity.(g) Permit conditions for AOR and corrective action. At the frequency specified in the approved AOR and corrective action plan or permit, and whenever warranted by a material change in the monitoring and/or operational data or in the evaluation of the monitoring and operational data by the operator, but no less frequently than every five years, the operator of a geologic storage facility also must:(1) perform a re-evaluation of the AOR by performing all of the actions specified in §5.203(d)(1)(A) - (C) of this title to delineate the AOR;(2) identify all wells in the re-evaluated AOR that require corrective action;(3) perform corrective action on wells requiring corrective action in the re-evaluated AOR in the same manner specified in §5.203(d)(1)(C) of this title; (4) submit an amended AOR and corrective action plan or demonstrate to the director through monitoring data and modeling results that no change to the AOR and corrective action plan is needed. Any amendments to the AOR and corrective action plan must be approved by the director, must be incorporated into the permit, and are subject to the permit modification requirements at §5.202 of this title (relating to Permit Required, and Draft Permit and Fact Sheet), as applicable; and(5) retain all modeling inputs and data used to support AOR reevaluations for at least 10 years.(h) Permit conditions for emergency, mitigation, and remedial response.(1) Plan. The operator must maintain and comply with the approved emergency and remedial response plan required by §5.203(l) of this title. The operator must update the plan in accordance with §5.207(a)(2)(D)(vi) of this title (relating to Reporting and Record-Keeping). The operator must make copies of the plan available at the storage facility and at the company headquarters. The emergency and remedial response plan and the demonstration of financial responsibility must account for the AOR delineated as specified in §5.203(d)(1)(A) - (C) of this title or the most recently evaluated AOR delineated under subsection (g) of this section, regardless of whether or not corrective action in the AOR is phased.(2) Training.(A) The operator must prepare and implement a plan to train and test each employee at the storage facility on occupational safety and emergency response procedures to the extent applicable to the employee's duties and responsibilities. The operator must make copies of the plan available at the geological storage facility. The operator must train all employees before commencing injection and storage operations at the facility. The operator must train each subsequently hired employee before that employee commences work at the storage facility.(B) The operator must hold a safety meeting with each contractor prior to the commencement of any new contract work at a storage facility. The operator must explain emergency measures specific to the contractor's work in the contractor safety meeting.(C) The operator must provide training schedules, training dates, and course outlines to Commission personnel annually and upon request for the purpose of Commission review to determine compliance with this paragraph.(3) Action.(A) If an operator obtains evidence that the injected CO2 stream and associated pressure front may cause an endangerment to USDWs, the operator must:(i) immediately cease injection;(ii) take all steps reasonably necessary to identify and characterize any release;(iii) notify the director as soon as practicable but within at least 24 hours; and(iv) implement the approved emergency and remedial response plan.(B) If any water quality monitoring of a USDW indicates the movement of any contaminant into the USDW, except as authorized by an aquifer exemption, the director shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting, including plugging of the injection well, as are necessary to prevent such movement.(4) Resumption of injection. The director may allow the operator to resume injection prior to remediation if the operator demonstrates that the injection operation will not endanger USDWs.(i) Permit conditions for Commission witnessing of testing and logging. The operator must provide the division with the opportunity to witness all planned well workovers, stimulation activities, other than stimulation for formation testing, and testing and logging. The operator must submit a proposed schedule of such activities to the Commission at least 30 days prior to conducting the first such activity and submit notice at least 48 hours in advance of any actual activity. Such activities shall not commence before the end of the 30 days unless authorized by the director.(j) Permit conditions for well plugging. The operator of a geologic storage facility must maintain and comply with the approved well plugging plan required by §5.203(k) of this title.(k) Permit conditions for post-injection storage facility care and closure.(1) Post-injection storage facility care and closure plan.(A) The operator of an injection well must maintain and comply with the approved post-injection storage facility care and closure plan.(B) The operator must update the plan in accordance with §5.207(a)(2)(D)(vi) of this title. At any time during the life of the geologic sequestration project, the operator may modify and resubmit the post-injection site care and site closure plan for the director's approval within 30 days of such change. Any amendments to the post-injection site care and site closure plan must be approved by the director, be incorporated into the permit, and are subject to the permit modification requirements in §5.202 of this title, as appropriate.(C) Upon cessation of injection, the operator of a geologic storage facility must either submit an amended plan or demonstrate to the director through monitoring data and modeling results that no amendment to the plan is needed.(2) Post-injection storage facility monitoring. Following cessation of injection, the operator must continue to conduct monitoring as specified in the approved plan until the director determines that the position of the CO2 plume and pressure front are such that the geologic storage facility will not endanger USDWs.(3) Prior to closure. Prior to authorization for storage facility closure, the operator must demonstrate to the director, based on monitoring, other site-specific data, and modeling that is reasonably consistent with site performance that no additional monitoring is needed to assure that the geologic storage facility will not endanger USDWs. The operator must demonstrate, based on the current understanding of the site, including monitoring data and/or modeling, all of the following:(A) the estimated magnitude and extent of the facility footprint (the CO2 plume and the area of elevated pressure);(B) that there is no leakage of either CO2 or displaced formation fluids that will endanger USDWs;(C) that the injected or displaced fluids are not expected to migrate in the future in a manner that encounters a potential leakage pathway into USDWs;(D) that the injection wells at the site completed into or through the injection zone or confining zone will be plugged and abandoned in accordance with these requirements; and(E) any remaining facility monitoring wells will be properly plugged or are being managed by a person and in a manner approved by the director.(4) Notice of intent for storage facility closure. The operator must notify the director in writing at least 120 days before storage facility closure. At the time of such notice, if the operator has made any changes to the original plan, the operator also must provide the revised plan. The director may approve a shorter notice period.(5) Authorization for storage facility closure. No operator may initiate storage facility closure until the director has approved closure of the storage facility in writing. After the director has authorized storage facility closure, the operator must plug all wells in accordance with the approved plan required by §5.203(k) of this title and submit a plugging record (Form W-3) as required by §3.14 of this title (relating to Plugging).(6) Storage facility closure report. Once the director has authorized storage facility closure, the operator must submit a storage facility closure report within 90 days that must thereafter be retained by the Commission in Austin. The report must include the following information:(A) documentation of appropriate injection and monitoring well plugging. The operator must provide a copy of a survey plat that has been submitted to the Regional Administrator of Region 6 of the EPA. The plat must indicate the location of the injection well relative to permanently surveyed benchmarks including the Latitude/Longitude or X/Y coordinates of the surface location in the NAD 27, NAD 83, or WGS 84 coordinate system, a labeled scale bar, and northerly direction arrow;(B) documentation of appropriate notification and information to such state and local authorities as have authority over drilling activities to enable such state and local authorities to impose appropriate conditions on subsequent drilling activities that may penetrate the injection and confining zones; and(C) records reflecting the nature, composition, volume and mass of the CO2 stream. If mass is determined using volume, the operator must provide calculations.(7) Certificate of closure. Upon completion of the requirements in paragraphs (3) - (6) of this subsection, the director will issue a certificate of closure. At that time, the operator is released from the requirement in §5.205(c) of this title to maintain financial assurance.(l) Permit conditions for deed notation. The operator of a geologic storage facility must record a notation on the deed to the facility property; on any other document that is normally examined during title search; or on any other document that is acceptable to the county clerk for filing in the official public records of the county that will in perpetuity provide any potential purchaser of the property the following information:(1) a complete legal description of the affected property; (2) that land has been used to geologically store CO2 ;(3) that the survey plat has been filed with the Commission; (4) the address of the office of the United States Environmental Protection Agency, Region 6, to which the operator sent a copy of the survey plat; and(5) the volume and mass of fluid injected, the injection zone or zones into which it was injected, and the period over which injection occurred. If mass is determined using volume, the operator must provide calculations.(m) Permit conditions for retention of records. The permittee shall retain records as follows. (1) All modeling inputs and data used to support area of review reevaluations under subsection (e) of this section shall be retained for 10 years.(2) The permittee shall retain records as follows: (A) All data collected under §5.203 of this title for Class VI permit applications shall be retained throughout the life of the geologic storage project and for 10 years following site closure.(B) Data on the nature and composition of all injected fluids collected pursuant to §5.203(i)(1)(D) of this title shall be retained until 10 years following site closure. The director may require the operator to submit the records to the director at the conclusion of the retention period.(C) Monitoring data collected pursuant to §5.203(j)(2) of this title shall be retained for 10 years after it is collected.(D) Well plugging reports, post-injection site care data, including data and information used to develop the demonstration of the alternative post-injection site care timeframe, and the site closure report collected pursuant to requirements of subsection (k)(6) of this section and paragraph (4) of this subsection shall be retained for 10 years following site closure. (E) The director has authority to require the operator to retain any records required in this subchapter for longer than 10 years following site closure.(3) Within 60 days after plugging, the operator must submit, pursuant to §5.207(b)(2) of this title, a plugging report to the director. The report must be certified as accurate by the operator and by the person who performed the plugging operation (if other than the operator.) The operator shall retain the well plugging report for 10 years following site closure.(4) The operator must submit a site closure report to the director within 90 days of site closure, which must thereafter be retained at a location designated by the director for 10 years following site closure. The report must include: (A) documentation of appropriate injection and monitoring well plugging as specified in §5.203(k) of this title. The operator must provide a copy of a survey plat which has been submitted to the local zoning authority designated by the director. The plat must indicate the location of the injection well relative to permanently surveyed benchmarks. The operator must also submit a copy of the plat to the Regional Administrator of the appropriate EPA Regional Office; and(B) documentation of appropriate notification and information to such State, local and Tribal authorities that have authority over drilling activities to enable such State, local, and Tribal authorities to impose appropriate conditions on subsequent drilling activities that may penetrate the injection and confining zone(s); and(5) Records reflecting the nature, composition, and volume of the CO2 plume shall be retained for 10 years following site closure.(6) The operator must retain for 10 years following storage facility closure records collected to prepare the permit application, data on the nature and composition of all injected fluids, and records collected during the post-injection storage facility care period. The operator must submit the records to the director at the conclusion of the retention period, and the records must thereafter be retained at the Austin headquarters of the Commission.(n) Permit conditions for signs. The operator must identify each location at which geologic storage activities take place, including each injection well, by a sign that meets the requirements specified in §3.3(1), (2), and (5) of this title (relating to Identification of Properties, Wells, and Tanks). In addition, each sign must include a telephone number where the operator or a representative of the operator can be reached 24 hours a day, seven days a week in the event of an emergency.(o) Other permit terms and conditions.(1) Protection of USDWs. In any permit for a geologic storage facility, the director must impose terms and conditions reasonably necessary to protect USDWs. Permits issued under this subchapter shall be issued for the operating life of the facility and the post-injection storage facility care period. The director shall review each permit at least once every five years to determine whether it should be modified, revoked and reissued, or terminated. Permits issued under this subchapter continue in effect until revoked, modified, or terminated by the Commission. The operator must comply with each requirement set forth in this subchapter as a condition of the permit unless modified by the terms of the permit.(2) Other conditions. The following conditions shall also be included in any permit issued under this subchapter.(A) Duty to comply. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. However, the permittee need not comply with the provisions of the permit to the extent and for the duration such noncompliance is authorized in an emergency permit under 40 CFR §144.34.(B) Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.(C) Duty to mitigate. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit.(D) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.(E) Property rights not conveyed. The issuance of a permit does not convey property rights of any sort, or any exclusive privilege.(F) Activities not authorized. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.(G) Coordination with exploration. The permittee of a geologic storage well shall coordinate with any operator planning to drill through the AOR to explore for oil and gas or geothermal resources and take all reasonable steps necessary to minimize any adverse impact on the operator's ability to drill for and produce oil and gas or geothermal resources from above or below the geologic storage facility.(H) Duty to provide information. The operator shall furnish to the Commission, within a time specified by the Commission, any information that the Commission may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The operator shall also furnish to the Commission, upon request, copies of records required to be kept under the conditions of the permit.(I) Inspection and entry. The operator shall allow any member or employee of the Commission, on proper identification, to:(i) enter upon the premises where a regulated activity is conducted or where records are kept under the conditions of the permit;(ii) have access to and copy, during reasonable working hours, any records required to be kept under the conditions of the permit;(iii) inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and(iv) sample or monitor any substance or parameter for the purpose of assuring compliance with the permit or as otherwise authorized by the Texas Water Code, §27.071, or the Texas Natural Resources Code, §91.1012.(J) Schedule of compliance: The permit shall, when appropriate, specify a schedule of compliance leading to compliance with all provisions of this subchapter and Chapter 3 of this title. If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.(i) Any schedule of compliance shall require compliance as soon as possible, and in no case later than three years after the effective date of the permit.(ii) If the schedule of compliance is for a duration of more than one year from the date of permit issuance, then interim requirements and completion dates (not to exceed one year) must be incorporated into the compliance schedule and permit.(iii) Progress reports must be submitted no later than 30 days following each interim date and the final date of compliance.(K) Modification, revocation and reissuance, or termination. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. (L) Signatory requirement. All applications, reports, or information shall be signed and certified.(M) Reporting requirements.(i) Planned changes. The permittee shall give notice to the director as soon as possible of any planned physical alterations or additions to the permitted facility.(ii) Anticipated noncompliance. The permittee shall give advance notice to the director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.(iii) Transfers. This permit is not transferable to any person except after notice to and approval by the director. The director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the SDWA.(iv) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit.(v) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 30 days following each schedule date.(vi) Twenty-four hour reporting. The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally to the director within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided to the director within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The permittee shall report any noncompliance which may endanger health or the environment including:(I) any monitoring or other information which indicates that any contaminant may cause an endangerment to a USDW; and(II) any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs.(N) Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the director, it shall promptly submit such facts or information. (O) Other noncompliance. The permittee shall report all instances of noncompliance not reported under subsection (e) of this section, subparagraphs (J) and (M) of this paragraph, and §5.207(a)(2)(A) of this title at the time monitoring reports are submitted. Any information shall be provided orally to the director within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided to the director within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The reports required by this subparagraph shall contain the following information:(i) any monitoring or other information which indicates that any contaminant may cause an endangerment to a USDW; and(ii) any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs.(P) Incorporation of requirements in permits. New permits, and to the extent allowed under §5.202 of this title modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section. An applicable requirement is a State statutory or regulatory requirement that takes effect prior to final administrative disposition of the permit. An applicable requirement is also any requirement that takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in §5.202 of this title.(Q) Compliance with SWDA and related regulations. In addition to conditions required in all permits, the director shall establish conditions in permits as required on a case-by-case basis to provide for and assure compliance with all applicable requirements of the SWDA and 40 CFR Parts 144, 145, 146 and 124.", "sourceNote": "Source Note: The provisions of this §5.206 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective July 2, 2012, 37 TexReg 4899; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215083", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "B", "label": "GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)" }, "rule": { "number": "§5.207", "label": "Reporting and Record-Keeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "149655", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reporting requirements. The operator of a geologic storage facility must provide, at a minimum, the following reports to the director and retain the following information:(1) Test records. The operator must file a complete record of all tests in duplicate with the district office within 30 days after the testing. In conducting and evaluating the tests enumerated in this subchapter or others to be allowed by the director, the operator and the director must apply methods and standards generally accepted in the industry. When the operator reports the results of mechanical integrity tests to the director, the operator must include a description of any tests and methods used. In making this evaluation, the director must review monitoring and other test data submitted since the previous evaluation.(2) Operating reports. The operator also must include summary cumulative tables of the information required by the reports listed in this paragraph.(A) Report within 24 hours. The operator must report the items listed in clauses (i) through (v) of this subparagraph to the director and the appropriate district office orally as soon as practicable, but within 24 hours of discovery, and in writing within five working days of discovery. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The operator shall report the following items:(i) the discovery of any significant pressure changes or other monitoring data that indicate the presence of leaks in the well or the lack of confinement of the injected gases to the geologic storage reservoir;(ii) any evidence that the injected CO2 stream or associated pressure front may cause an endangerment to a USDW;(iii) any noncompliance with a permit condition, or malfunction of the injection system, which may cause fluid migration into or between USDWs;(iv) any triggering of a shut-off system (i.e., down-hole or at the surface); and(v) any failure to maintain mechanical integrity.(B) Report within 30 days. The operator must report:(i) the results of periodic tests for mechanical integrity; (ii) the results of any other test of the injection well conducted by the operator if required by the director; and(iii) a description of any well workover.(C) Semi-annual report. The operator must report:(i) a summary of well head pressure monitoring;(ii) changes to the source as well as the physical, chemical, and other relevant characteristics of the CO2 stream from the proposed operating data;(iii) monthly average, maximum and minimum values for injection pressure, flow rate, temperature, and volume and/or mass, and annular pressure;(iv) monthly annulus fluid volume added;(v) a description of any event that significantly exceeds operating parameters for annulus pressure or injection pressure as specified in the permit;(vi) a description of any event that triggers a shutdown device and the response taken; and(vii) the results of monitoring prescribed under §5.206(e) of this title (relating to Permit Standards).(D) Annual reports. The operator must submit an annual report detailing:(i) corrective action performed;(ii) new wells installed and the type, location, number, and information required in §5.203(e) of this title (relating to Application Requirements);(iii) re-calculated AOR unless the operator submits a statement signed by an appropriate company official confirming that monitoring and operational data supports the current delineation of the AOR on file with the Commission;(iv) the updated area for which the operator has a good faith claim to the necessary and sufficient property rights to operate the geologic storage facility;(v) tons of CO2 injected; and(vi) other information as required by the permit.(E) Annual updates. The operator must maintain and update required plans in accordance with the provisions of this subchapter. (i) Operators must submit an annual statement, signed by an appropriate company official, confirming that the operator has:(I) reviewed the monitoring and operational data that are relevant to a decision on whether to reevaluate the AOR and the monitoring and operational data that are relevant to a decision on whether to update an approved plan required by §5.203 or §5.206 of this title; and(II) determined whether any updates were warranted by material change in the monitoring and operational data or in the evaluation of the monitoring and operational data by the operator.(ii) Operators must submit either the updated plan or a summary of the modifications for each plan for which an update the operator determined to be warranted pursuant to subclause (I) of this clause. The director may require submission of copies of any updated plans and/or additional information regarding whether or not updates of any particular plans are warranted.(3) The director may require the revision of any required plan following any significant changes to the facility, such as addition of injection or monitoring wells, on a schedule determined by the director or whenever the director determines that such a revision is necessary to comply with the requirements of this subchapter.(b) Report format.(1) The operator must report the results of injection pressure and injection rate monitoring of each injection well on Form H-10, Annual Disposal/Injection Well Monitoring Report, and the results of internal mechanical integrity testing on Form H-5, Disposal/Injection Well Pressure Test Report. Operators must submit other reports in a format acceptable to the Commission. At the discretion of the director, other formats may be accepted.(2) The operator must submit all required reports, submittals, and notifications under this subchapter to the director and to the EPA in an electronic format approved by the director and the Regional Administrator, respectively.(c) Signatories to reports.(1) Reports. All reports required by permits and other information requested by the director, shall be signed by a person described in §5.203(a)(1)(B) of this title, or by a duly authorized representative of that person. A person is a duly authorized representative only if:(A) the authorization is made in writing by a person described in §5.203(a)(1)(B) of this title;(B) the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility; and(C) the written authorization is submitted to the director. (2) Changes to authorization. If an authorization under paragraph (1) of this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (1) of this subsection must be submitted to the director prior to or together with any reports, information, or applications to be signed by an authorized representative.(d) Certification. All reports required by permits and other information requested by the director under this subchapter, shall be certified as follows: \"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.\"(e) Record retention.(1) The operator must retain all data collected under §5.203 of this title for Class VI permit applications throughout the life of the geologic sequestration project and for 10 years following storage facility closure.(2) The operator must retain data on the nature and composition of all injected fluids collected pursuant to §5.203(j)(2)(A) of this title until 10 years after storage facility closure. The operator shall submit the records to the director at the conclusion of the retention period, and the records must thereafter be retained at the Austin headquarters of the Commission.(3) The operator must retain all testing and monitoring data collected pursuant to the plans required under §5.203(j) of this title, including wellhead pressure records, metering records, and integrity test results, and modeling inputs and data used to support AOR calculations for at least 10 years after the data is collected.(4) The operator must retain well plugging reports, post-injection storage facility care data, including data and information used to develop the demonstration of the alternative post-injection storage facility care timeframe, and the closure report collected pursuant to the requirements of §5.206(k)(6) and (m) of this title for 10 years following storage facility closure.(5) The operator must retain all documentation of good faith claim to necessary and sufficient property rights to operate the geologic storage facility until the director issues the final certificate of closure in accordance with §5.206(k)(7) of this title.(6) The director has authority to require the operator to retain any records required in this subchapter for longer than 10 years after storage facility closure.(7) The director may require the operator to submit the records to the director at the conclusion of the retention period.This agency hereby certifies that the rules as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.", "sourceNote": "Source Note: The provisions of this §5.207 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "149655", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "B", "label": "GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)" }, "rule": { "number": "§5.208", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152121", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. An operator that violates this subchapter may be subject to penalties and remedies specified in the Texas Natural Resources Code, Title 3, Texas Water Code, Chapter 27, and other statutes administered by the Commission.(b) Certificate of compliance. The Commission may revoke a certificate of compliance for any oil, gas, or geothermal resource well in the manner provided in §3.73 of this title (relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance) for violation of this subchapter.", "sourceNote": "Source Note: The provisions of this §5.208 adopted to be effective December 20, 2010, 35 TexReg 11202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152121", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "C", "label": "CERTIFICATION OF GEOLOGIC STORAGE OF ANTHROPOGENIC CARBON DIOXIDE (CO2) INCIDENTAL TO ENHANCED RECOVERY OF OIL, GAS, OR GEOTHERMAL RESOURCES" }, "rule": { "number": "§5.301", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152122", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter establishes the requirements for certification of the injection, and incidental storage, of anthropogenic CO2 into productive reservoirs for the purpose of enhanced recovery of oil, gas, or geothermal resources, and for which the operator requests certification from the Commission that the anthropogenic CO2 is permanently stored. (b) This subchapter applies to the injection of anthropogenic CO2 in a reservoir in connection with enhanced recovery for which: (1) there is a reasonable expectation of more than insignificant future production of oil, gas, or geothermal volumes or rates as a result of the injection of CO2; and (2) using operating pressures not anticipated to be higher than reasonably necessary to produce such production of oil, gas, or geothermal volumes and rates are covered by this rule, and the wells used in such enhanced recovery continue to be covered in accordance with the requirements of §3.46 of this title (relating to Fluid Injection into Productive Reservoirs). (c) For the purposes of this subsection, the CO2 stream injected into a productive reservoir may include any proportion of anthropogenic CO2 and naturally sourced CO2. (d) The operator of an enhanced recovery facility registering for certification of geologic storage of anthropogenic CO2 incidental to enhanced recovery operations is subject to the monitoring provisions of this subchapter. (e) No permit is required for an operator to register with, or obtain a certification from, the Commission for geologic storage of anthropogenic CO2 incidental to enhanced recovery under this subchapter. Registration for certification by an operator under this subchapter is separate and distinct from an application for a Geologic Storage Facility under Subchapter B of this chapter (relating to Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide (CO2)). The wells into which CO2 is injected for the purpose of enhanced recovery continue to be covered by §3.46 of this title. (f) Registration under this subchapter is voluntary. An enhanced recovery facility may register under this subchapter to account for geologic sequestration of anthropogenic CO2. Additionally, this subchapter does not preclude the operator of an enhanced recovery project from opting into a regulatory program that provides carbon credit for the geologic storage of anthropogenic CO2 incidental to enhanced recovery. (g) An enhanced recovery facility subject to this subchapter includes all structures associated with injection and production located between the injection/production wells and the separators, but does not include the following: (1) storage of CO2 above ground; (2) temporary storage of CO2 below ground; (3) transportation or distribution of CO2; (4) purification, compression, or processing of CO2 at the surface; (5) capture of CO2; or (6) CO2 in cement, precipitated calcium carbonate, or any other technique that does not involve injection of CO2 into the subsurface. (h) Conflict with other requirements. If a provision of this section conflicts with any provision or term of a Commission order, field rule, or permit, the provision of such order, field rule, or permit controls.", "sourceNote": "Source Note: The provisions of this §5.301 adopted to be effective July 17, 2011, 36 TexReg 4397." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152122", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "C", "label": "CERTIFICATION OF GEOLOGIC STORAGE OF ANTHROPOGENIC CARBON DIOXIDE (CO2) INCIDENTAL TO ENHANCED RECOVERY OF OIL, GAS, OR GEOTHERMAL RESOURCES" }, "rule": { "number": "§5.302", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152123", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Anthropogenic carbon dioxide (CO 2)--Anthropogenic CO2 as defined in the Texas Water Code, §27.002(19)(A). The term does not include naturally occurring CO2 that is produced, acquired, recaptured, recycled, and reinjected as part of enhanced recovery. The use of the term \"CO2\" in this subchapter includes anthropogenic CO2. (2) Anthropogenic CO2 stream--CO2 that has been captured from an emission source, incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process. The term does not include any CO2 stream that meets the definition of a hazardous waste under 40 Code of Federal Regulations Part 261. (3) CO2 injection well--An injection well used to inject or transmit CO2 into an enhanced recovery reservoir. (4) Certification--As used in this subchapter, a document issued annually by the director validating the geologic storage of anthropogenic CO2 incidental to enhanced recovery at a facility registered under this subchapter. (5) Enhanced recovery--Any process to displace hydrocarbons from a reservoir other than by primary recovery, including using any physical, chemical, thermal, or biological process and any co-production project. This term does not include pressure maintenance or disposal projects. (6) Enhanced recovery facility--The underground reservoir, underground equipment, injection wells, and surface buildings and equipment and all surface and subsurface rights and appurtenances necessary to an enhanced recovery operation. (7) Geologic storage--The incidental underground storage of CO2 in a productive reservoir that occurs incidental to enhanced recovery. (8) Productive reservoir--A reservoir that is productive of oil, gas and geothermal resources and for which: (A) there is a reasonable expectation of more than insignificant future production of oil, gas or geothermal volumes or rates as a result of the injection of CO2; and (B) using operating pressures not anticipated to be higher than reasonably necessary to produce such production of oil, gas or geothermal volumes and rates.", "sourceNote": "Source Note: The provisions of this §5.302 adopted to be effective July 17, 2011, 36 TexReg 4397." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152123", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "C", "label": "CERTIFICATION OF GEOLOGIC STORAGE OF ANTHROPOGENIC CARBON DIOXIDE (CO2) INCIDENTAL TO ENHANCED RECOVERY OF OIL, GAS, OR GEOTHERMAL RESOURCES" }, "rule": { "number": "§5.303", "label": "Registration for Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152124", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The operator or the proposed operator of an enhanced recovery facility for which the operator proposes to document geologic storage of anthropogenic CO2 incidental to enhanced recovery must register with the Commission in Austin. (1) The operator or proposed operator must include the prescribed fee with the registration application and must ensure that the registration application is executed by a party having knowledge of the facts entered on the registration. (2) The operator or proposed operator must include with the registration application the following: (A) the name, mailing address, and location of the facility for which the application is being submitted and the operator's name, address, telephone number, Commission Organization Report number, and ownership of the facility; (B) a demonstration that the reservoir is undergoing enhanced recovery using injection of anthropogenic CO2, including: (i) the Commission field designation; (ii) the Commission order approving such enhanced recovery project and a plat of the designated area; (iii) a list of all injection wells permitted under §3.46 of this title (relating to Fluid Injection into Productive Reservoirs) within the enhanced recovery facility; and (iv) information regarding the period of time for which CO2 injection has been conducted, or is expected to be conducted, together with the total anticipated volume of anthropogenic CO2 to be injected; and (C) a testing, monitoring, and reporting plan. (b) Within 90 days of receipt of a complete registration application, the director will approve or deny the registration application. If the director approves the registration application, the acknowledgment will include the conditions for certification, including conditions for monitoring and reporting.", "sourceNote": "Source Note: The provisions of this §5.303 adopted to be effective July 17, 2011, 36 TexReg 4397." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152124", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "C", "label": "CERTIFICATION OF GEOLOGIC STORAGE OF ANTHROPOGENIC CARBON DIOXIDE (CO2) INCIDENTAL TO ENHANCED RECOVERY OF OIL, GAS, OR GEOTHERMAL RESOURCES" }, "rule": { "number": "§5.304", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152125", "queryAsDate": "03/11/2026" }, "ruleBody": "The operator or proposed operator must remit the following non-refundable fees to the Commission with each registration application under this subchapter:(1) a non-refundable fee of $500 for each enhanced recovery facility to be registered; and(2) annually, a non-refundable certification fee of $10,000 for each enhanced recovery facility registered under this subchapter.", "sourceNote": "Source Note: The provisions of this §5.304 adopted to be effective July 17, 2011, 36 TexReg 4397." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152125", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "C", "label": "CERTIFICATION OF GEOLOGIC STORAGE OF ANTHROPOGENIC CARBON DIOXIDE (CO2) INCIDENTAL TO ENHANCED RECOVERY OF OIL, GAS, OR GEOTHERMAL RESOURCES" }, "rule": { "number": "§5.305", "label": "Monitoring, Sampling, and Testing Plan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152127", "queryAsDate": "03/11/2026" }, "ruleBody": "An operator registering for certification under this subchapter must submit a monitoring, sampling, and testing plan to verify geologic storage of the anthropogenic CO2 incidental to enhanced recovery. (1) The monitoring, sampling, and testing plan must include the following: (A) an analysis of the CO2 stream at a frequency sufficient to yield data representative of its chemical and physical characteristics; (B) installation of continuous monitoring devices (including digital devices to capture periodic data) to monitor injection pressure, rate of injected CO2, and volume of injected CO2. The operator shall perform monitoring of daily pressure on the annulus between the tubing and the long string casing by use of either continuous monitoring device or by using a pressure gauge with a rupture disk with automated alarm to signal pressures outside of the permitted operating range. The operator may remove these devices during well workovers but must reinstall them at the completion of the workover; the Commission may approve alternative methods of monitoring the annulus between the tubing and long string casing when considering injection well construction, operating pressures, and the oil and gas reservoir; (C) demonstration of external mechanical integrity by one of the following, or another approved, method: oxygen-activation log survey, temperature log, noise log, or casing inspection log if the operator detects a problem, or once every five years, until the well is permanently plugged; (D) corrosion monitoring of the well materials that will come into contact with water for loss of mass, thickness, cracking, pitting, and other signs of corrosion. The operator shall perform corrosion monitoring at one or more designated representative test sites typical of the enhanced recovery facility initially and quarterly, and the operator shall report quarterly, but may be modified to a less frequent schedule as approved by the Commission, based on the construction materials, operating conditions, and monitoring history that show the well components meet minimum standards and performance by: (i) analyzing coupons of the well construction materials placed in contact with the CO2 stream; or (ii) routing the CO2 stream through a closed loop constructed with the material used in the well and inspecting the material in the loop; or (iii) using an alternative method, materials, or time period approved by the Commission; (E) annual monitoring of the injection zone pressure in the productive reservoir, including at a minimum, at least once every five years, a shut-down of each injection well for a time sufficient to estimate reservoir pressure at the site; (F) monitoring wells as needed for continuous monitoring for pressure changes in an appropriately porous and permeable formation above the confining zone. For each well installed, the operator must set forth the specified frequency of sampling the interval and analyzing the constituents as specified in the plan; (G) periodic monitoring of the useable quality water strata overlying the productive reservoir to monitor for changes in quality due to CO2 injection; and (H) the use of indirect, geophysical techniques to determine the position of the CO2 fluid front, or to provide other site-specific data. (2) For an operator to make a determination by mass balancing or actual system modeling of the quantities of anthropogenic CO2 permanently stored within the enhanced recovery reservoir for documentation to the Commission, the testing, monitoring, and reporting plan must: (A) be based upon a site-specific assessment and may include monitoring wells or other monitoring devices to ensure that the injected anthropogenic CO2 is confined to the productive reservoir; and (B) include a methodology for accounting for the following: (i) the volumes of anthropogenic CO2 injected into the productive reservoir; (ii) the anthropogenic CO2 separated from the enhanced recovery production; (iii) the anthropogenic CO2 entrained in the production; (iv) the volume of produced anthropogenic CO2 recycled for injection into the reservoir; (v) any de minimis losses of anthropogenic CO2; and (vi) the volume of make-up anthropogenic CO2 injected to the enhanced recovery project. (3) Any person registering an enhanced recovery facility under this subchapter may comply with the sampling, monitoring, and reporting requirements of this subchapter by complying with, and submitting to the Commission a copy of the information submitted to the United States Environmental Protection Agency under, Subparts RR or UU of 40 CFR Part 98, Mandatory Reporting of Greenhouse Gases: Injection and Geologic Sequestration of Carbon Dioxide.", "sourceNote": "Source Note: The provisions of this §5.305 adopted to be effective July 17, 2011, 36 TexReg 4397." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152127", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "C", "label": "CERTIFICATION OF GEOLOGIC STORAGE OF ANTHROPOGENIC CARBON DIOXIDE (CO2) INCIDENTAL TO ENHANCED RECOVERY OF OIL, GAS, OR GEOTHERMAL RESOURCES" }, "rule": { "number": "§5.306", "label": "Standards for Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152128", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The requirements of this subchapter apply in addition to the requirements of §3.46 of this title (relating to Fluid Injection into Productive Reservoirs) and any permit conditions to which the Commission has subjected the injection wells. (b) The operator must use a master meter or a series of master meters to meter the total volume of anthropogenic CO2 injected into the enhanced recovery facility. The operator must use an individual well meter to meter the volume of anthropogenic CO2 injected into each injection well. When anthropogenic CO2 is commingled outside the enhanced recovery facility with other CO2, the operator shall report the total volume of anthropogenic CO2 in the mixed stream and may account for the anthropogenic CO2 for the master meter and injected well volumes on an allocated basis. (c) The operator must install and use continuous recording devices to monitor the injection pressure and the rate, volume, and temperature of the CO2 stream. The operator must monitor the pressure on the annulus between the tubing and the long string casing. The operator must continuously record, continuously monitor, or control by a preset high-low pressure sensor switch the wellhead pressure of each injection well. (d) The operator must fill the annulus between the tubing and the long string casing with a corrosion inhibiting fluid approved by the director. (e) The operator of an injection well subject to this subchapter must maintain and comply with the approved monitoring, sampling, and testing plan to verify that the facility is operating as permitted and that the injected fluids are confined to the injection zone. The director may require additional monitoring as necessary to determine compliance with the intent of this subchapter. (f) An operator registered under this subchapter must submit, as applicable, a description of any proposed well stimulation program and a determination that well stimulation will not compromise containment. (g) In addition to the requirements of §3.14 of this title (relating to Plugging), the operator of an enhanced recovery facility subject to this subchapter must, prior to plugging: (1) flush each injection well with a buffer fluid; (2) measure to determine bottomhole reservoir pressure; (3) perform final tests to assess mechanical integrity; and (4) ensure that the material to be used in plugging is compatible with the CO2 stream and the formation fluids. (h) In any registration for geologic storage of anthropogenic CO2 incidental to enhanced recovery, the director shall impose terms and conditions reasonably necessary to prevent the escape of CO2.", "sourceNote": "Source Note: The provisions of this §5.306 adopted to be effective July 17, 2011, 36 TexReg 4397." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152128", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "C", "label": "CERTIFICATION OF GEOLOGIC STORAGE OF ANTHROPOGENIC CARBON DIOXIDE (CO2) INCIDENTAL TO ENHANCED RECOVERY OF OIL, GAS, OR GEOTHERMAL RESOURCES" }, "rule": { "number": "§5.307", "label": "Reporting and Recordkeeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152126", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The operator of a facility registered under this subchapter must provide, at a minimum, an annual statement, signed by an appropriate company official, confirming that the operator has complied with the requirements of this subchapter. (b) The operator must report the results of injection pressure and injection rate monitoring of each injection well on Form H-10, Annual Disposal/Injection Well Monitoring Report, and the results of mechanical integrity testing on Form H-5, Disposal/Injection Well Pressure Test Report. Operators must submit other reports in a format acceptable to the Commission. (c) The operator must retain all wellhead pressure records, metering records, and integrity test results for a minimum of five years. (d) In the event the operator is unable to collect data in accordance with the approved testing, monitoring, and reporting plan, the operator shall determine the length of the specific period, such as periods of maintenance, equipment failure, or power outages, during which data were unavailable, and shall use the following procedures to estimate the data for that period. (1) The operator shall estimate the quantity of new CO2 transferred to the enhanced recovery facility from the supplier using the quantity of new CO2 flow based upon the metering data. (2) The operator shall estimate the quantity of CO2 metered for all CO2, except for new CO2 transferred to the enhanced recovery facility, using the quantity of CO 2 metered under similar conditions from the nearest previous time period. (3) The operator shall estimate the CO2 concentration values using a concentration value under similar conditions from the nearest previous time period. (4) The operator shall estimate values for fugitive or vented CO2 emission volumes from surface equipment at the enhanced recovery facility using methods specified in Subpart W of the United States Environmental Protection Agency's Greenhouse Gas Reporting Rule, 40 Code of Federal Regulations, Part 98.", "sourceNote": "Source Note: The provisions of this §5.307 adopted to be effective July 17, 2011, 36 TexReg 4397." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152126", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "5", "label": "CARBON DIOXIDE (CO2)" }, "subchapter": { "number": "C", "label": "CERTIFICATION OF GEOLOGIC STORAGE OF ANTHROPOGENIC CARBON DIOXIDE (CO2) INCIDENTAL TO ENHANCED RECOVERY OF OIL, GAS, OR GEOTHERMAL RESOURCES" }, "rule": { "number": "§5.308", "label": "Requirements for Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223267", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To verify geologic storage of CO 2 incidental to enhanced recovery operations, the operator must maintain, and be in compliance with, the approved testing, monitoring, and reporting plan required by §5.305 of this subchapter (relating to Monitoring, Sampling, and Testing Plan). (b) Annually, the Commission may issue a certification to the operator validating the geologic storage of anthropogenic CO2 incidental to enhanced recovery at the registered facility. (c) Certifications issued under this subchapter continue in effect until revoked, modified, or suspended by the Commission. The operator must comply with each requirement set forth in this subchapter as a condition of the certification unless modified by the terms of the certification.", "sourceNote": "Source Note: The provisions of this §5.308 adopted to be effective July 17, 2011, 36 TexReg 4397." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223267", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.101", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223268", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter implements the state program for the regulation of shallow closed-loop geothermal systems under the jurisdiction of the Commission consistent with state and federal law for the protection of fresh water,, including regulation of the drilling of the borehole, completion of the well, and the construction, operation, and plugging of shallow closed-loop geothermal systems.", "sourceNote": "Source Note: The provisions of this §6.101 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223268", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.102", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223269", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Annular space--The space between the borehole wall and the heat exchange loop installed within the borehole.(2) Aquifer--A geologic formation that contains enough saturated permeable material to provide significant quantities of water to wells and springs.(3) Casing--A metal or plastic pipe installed into the borehole to prevent the sides from collapsing and to protect groundwater from contamination.(4) Commission--The Railroad Commission of Texas.(5) Director--The director of the Oil and Gas Division or the director's delegate.(6) Fresh water--Groundwater containing 1000 parts per million (ppm) or less total dissolved solids.(7) Groundwater conservation district--Any district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution that has the authority to regulate the spacing of water wells, the production from water wells, or both as defined in Texas Water Code §36.001.(8) Grouting--The material used to achieve an impervious seal in the borehole after the heat exchange loop has been installed.(9) Heat exchange loop--A conduit used in shallow closed-loop geothermal heat systems factory manufactured by fusing a U-bend fitting to dual coil polyethylene pipe, with fusion equipment for heat transfer.(10) Individual permit--A permit, other than an authorization by rule or general permit, for a specific activity at a specific location.(11) Injection well--A well into which fluids are injected.(12) License number--The number assigned to a water well driller or pump installer by the Texas Department of Licensing and Regulation (TDLR).(13) Licensed pump installer--A person licensed by TDLR to install submersible pumps.(14) Open-loop air conditioning return flow wells--Class V Underground Injection Control (UIC) wells used to return groundwater, which has been circulated through open-loop, heat pump/air condition (HAC) systems, to the subsurface. These wells are regulated by the Texas Commission on Environmental Quality under 30 Texas Administrative Code §331.11 and §331.12.(15) Owner--The owner of a shallow closed-loop geothermal system subject to the requirements of this subchapter.(16) Person--A natural person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(17) Pitless adapter--An adapter that provides a water-tight connection between the drop pipe from the submersible pump inside a well and the water line running to the service location. The device not only prevents water from freezing but also permits easy maintenance of the system components without the need to dig around the well.(18) Pump installer--A person who installs or repairs well pumps and equipment. A person does not have to be a \"licensed pump installer\" to install, repair, or service above ground pumps for shallow closed-loop geothermal systems.(19) Shallow closed-loop geothermal injection well--An injection well that is part of a shallow closed-loop geothermal system. These types of wells are limited to a depth of formations that contain water with a total dissolved solids content of 1000 parts per million (ppm) or less.(20) Shallow closed-loop geothermal system--A closed-loop geothermal injection well, including all heat pumps and tubing, heat transfer fluids, and connections from the injection well to the infrastructure and the geothermal heat exchange system, that operates as a heat source or heat sink in concert with a heating, ventilation, and air conditioning system designed to heat or cool infrastructure. These systems are also called \"ground source heat pump systems.\" All energy used from this type of system is consumed by the onsite infrastructure and is not provided to an energy market.(21) TDLR--The Texas Department of Licensing and Regulation.(22) Total dissolved solids--The total dissolved (filterable) solids as determined by use of the method specified in 40 Code of Federal Regulations Part 136.(23) Tracking number--The designated number assigned by TDLR for a specific well report.(24) Water well driller--A person or company possessing a water well driller's license issued by TDLR.(25) Well report--The State of Texas Well Report administered by TDLR.", "sourceNote": "Source Note: The provisions of this §6.102 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223269", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.103", "label": "Applicability and Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter applies to shallow closed-loop geothermal systems in this state for which construction is commenced on or after January 6, 2025.(b) Any shallow closed-loop geothermal system in this state which was constructed before January 6, 2025, is exempt from the requirements of this subchapter unless altered, deteriorated, abandoned, or determined by the Director to:(1) encounter groundwater that is detrimental to human health and the environment or cause pollution to land, surface water, or other groundwater;(2) cause a violation of primary drinking water regulations under 40 CFR Part 142; or(3) otherwise adversely affect human health or the environment.(c) This subchapter does not apply to:(1) open-loop air-conditioning return flow wells used to return water that has been used for heating or cooling in a heat pump to the aquifer that supplied the water;(2) other geothermal injection wells; or(3) pond/lake geothermal heat pump systems.(d) Compliance with this subchapter does not relieve the driller or installer from compliance with the licensing requirements of TDLR regulations adopted under Texas Occupations Code, Chapters 1901 and 1902.", "sourceNote": "Source Note: The provisions of this §6.103 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223270", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.104", "label": "Authorization by Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An authorization by rule (or \"permit by rule\") provides authority to operate under predetermined requirements without a separate application process, so long as the Director confirms the activity meets the specified predetermined requirements.(b) An owner in compliance with this subchapter is authorized by rule to cause to be drilled and installed and to operate a shallow closed-loop geothermal system and is not required to obtain an individual permit except as provided by subsection (b) of this section. The owner shall register the system as authorized by rule in accordance with §6.105 of this title (relating to Registration of a Shallow Closed-Loop Geothermal System for Authorization by Rule).(c) The Director will review the registration required by §6.105 of this title (relating to Registration of a Shallow Closed-Loop Geothermal System for Authorization by Rule) and the well report required by §6.110 of this title (relating to Well Reports).(1) The Director will review the registration and the well report to determine whether the shallow closed-loop geothermal injection well:(A) encounters groundwater that is detrimental to human health and the environment or can cause pollution to land, surface water, or other groundwater;(B) may cause a violation of primary drinking water regulations under 40 CFR Part 142;(C) deviates from any construction or operational standards of §6.106 and §6.109; or(D) may otherwise adversely affect human health or the environment.(2) If upon review of the registration or the well report, or at any other time, the Director determines that a condition listed in paragraph (1) of this subsection exists, the Director may take any of the following actions:(A) require the owner to obtain an individual permit;(B) require the owner to take such actions (including, where required, closure of the injection well) as may be necessary to prevent the violation; or(C) refer the violation for enforcement action.(d) If the Director makes a determination under subsection (b) of this section, the owner shall cease injection operations until the owner complies with the Director's requirements. The owner may request a hearing to contest the Director's determination.", "sourceNote": "Source Note: The provisions of this §6.104 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223271", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.105", "label": "Registration of a Shallow Closed-Loop Geothermal System for Authorization by Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223272", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration for authorization by rule.(1) Prior to commencing operations for a shallow closed-loop geothermal system, the owner of the system shall submit to the Director a registration for authorization by rule. The registration shall be signed by the owner, include the TDLR license numbers required by paragraphs (2) and (3) of this subsection, and include the following statement: \"I declare under penalties prescribed in Section 91.143, Texas Natural Resources Code, that I will use the services of a licensed water well driller as required under 16 Texas Administrative Code §6.105(a)(2) and I agree to plug the well upon abandonment.\"(2) All shallow closed-loop geothermal injection wells shall be drilled and completed by a water well driller who holds a current and valid water well driller's license issued by TDLR. Prior to commencing operations for a shallow closed-loop geothermal injection well, an owner shall provide to the Director the name and TDLR license number of the TDLR water well driller.(3) If the shallow closed-loop geothermal system utilizes a submersible pump, the submersible pump associated with the shallow closed-loop geothermal system shall be installed by a pump installer who holds a current and valid pump installer's license issued by TDLR. Prior to commencing installation of the pumps and other equipment, an owner shall provide to the Director the name and TDLR license number of the pump installer.(b) Inventory. Drillers of shallow closed-loop geothermal injection wells authorized by rule shall inventory wells after construction by completing the TDLR state well report form and submitting the form to the Director within 30 days from the date the well construction is completed. Any additives, constituents, or fluids (other than potable water) that are used in the closed loop system shall be reported on the state well report form.(c) Approval. A registration submitted under this section will be reviewed by the Commission's Special Injection Permits (SIP) Unit. The SIP Unit will notify the owner when the TDLR state well report form is approved by the Commission. The owner may operate the system as soon as the owner receives the SIP Unit's approval.", "sourceNote": "Source Note: The provisions of this §6.105 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223272", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.106", "label": "Construction Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223273", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Siting and setback. All wells shall be located at least 10 feet from adjacent property lines and sewer lines, and at least 25 feet from potential sources of contamination that include but are not limited to septic tanks/fields, livestock pens, or material storage facilities.(b) Surface completion. Water well drillers drilling a shallow closed-loop geothermal injection well shall place a concrete slab or sealing block above the cement slurry around the well.(1) The slab or block shall extend at least two feet from the well in all directions and have a thickness of at least four inches. The slab or block shall be separated from the well casing by a plastic or mastic coating or sleeve to prevent bonding of the slab to the casing.(2) The surface of the slab shall be sloped so that liquid drains away from the well.(3) A pitless adapter may be used if:(A) the adapter is welded to the casing or fitted with another equally effective seal; and(B) the annular space between the borehole and the casing is filled with cement to a depth not less than 20 feet below the adapter connection.(c) Commingling prohibited. All shallow closed-loop geothermal injection wells shall be completed so that aquifers or zones containing waters that are known to differ significantly in chemical quality are not allowed to commingle and cause degradation of any aquifer containing fresh water.(d) Drilling and completion requirements.(1) Casing. Temporary casing may be installed to prevent overburden cave-in prior to the installation of tubing material and grouting of shallow closed-loop geothermal injection wells. If temporary casing is not installed, the completion of well construction should proceed as soon as possible upon completion of the borehole. If temporary casing is installed, it shall comply with the following requirements:(A) Steel well casing wall thickness shall be dependent on casing length and shall be determined using American Petroleum Institute (API) or American Water Works Association (AWWA) standards but in no circumstance shall have less than a .233-inch wall thickness.(B) Plastic well casing or screen shall not be driven. Plastic well casing shall meet the requirements specified in the ASTM Standard F480, Standard Specification for Thermoplastic Well Casing Pipe and Couplings Made in Standard Dimension Ratios (SDR) as amended and supplemented. Plastic casing shall also meet the American National Standards Institute (ANSI) standards for \"Plastic Piping System Components and Related Materials.\"(C) If the use of a steel or polyvinyl chloride (PVC) sleeve is necessary to prevent possible damage to the casing, the steel sleeve shall be a minimum of 3/16 inches in thickness and the PVC sleeve shall be a minimum of ASTM D1785 Schedule 80 sun-resistant and 24 inches in length. Any sleeve shall extend 12 inches into the cement slurry.(D) Shallow closed-loop geothermal injection wells are not required to be cased into bedrock.(2) The water well driller shall backfill the annular space of a shallow closed-loop geothermal injection well from the surface to the total depth with grouting material in a manner that meets or exceeds good engineering practices and the gest current available technology. Grouting materials consist of a combination of bentonite, cement, thermally enhanced material, or a combination of such materials. In instances where boreholes will not support a grouting slurry, grouting alternatives, such as solid bentonite chip material may be used. Any other material used to backfill the annular space of a shallow-closed loop geothermal injection well must be approved by the Director.(3) Where no groundwater or only one zone of groundwater is encountered during drilling, grouting alternatives may be used to backfill up to 30 feet from the surface The water well driller shall fill the top 30 feet with grouting or grouting alternatives that have been approved by the Director.(4) At all times during the progress of work, the driller shall provide protection to prevent tampering with the well or introduction of foreign materials into the well.(5) Borehole diameter shall, at a minimum, allow for the insertion of a pipe sized to ensure all concrete is properly located, distributed, and cured based on the overall design and operation of the shallow closed-loop geothermal injection well. Loop tubing shall be installed for the purpose of filling the annulus between the tubing and the borehole with sand and grout material.(6) No section of the annulus between the heat exchange loop and borehole wall shall remain open after completion of the well.(7) For heat exchange loop material and connection requirements, the applicable American Society for Testing and Materials (ASTM) standards for the polyethylene (PE) pipe material shall be used. The heat exchange loop shall not be forced into the borehole or past an obstruction in such a manner that the structural integrity of the tubing may be compromised. This includes but is not limited to instances of cave-in, bedrock dislodgement, partial blockage, or overburden.(8) All heat exchange loop pipe connections to be placed in the borehole shall be connected by heat-fusion, electrofusion, or a similar joints process. In addition to heat fusion or electrofusion joints, non-metallic mechanical stab-type insert fittings shall meet applicable ASTM standards.(9) Wells that use a plastic loop require the placement of a high solids bentonite slurry grout with at least 20 percent solids by weight for any depth interval of the boring that is in a confining or semi-confining layer containing significant silt and/or clay.(10) If copper tubing is used for heat exchange applications, all below grade copper connections shall be joined by brazing using a filler material with a high melting temperature such as a material with 15% silver content or equivalent.(e) Heat Transfer Fluids.(1) Potable water, food grade propylene glycol, and USP-grade propylene glycol are the only antifreeze additives a water well driller may use for shallow closed-loop geothermal injection wells.(2) Any deviation from the approved antifreeze additives requires an individual permit.", "sourceNote": "Source Note: The provisions of this §6.106 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223273", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.108", "label": "Pump Installer Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223274", "queryAsDate": "03/11/2026" }, "ruleBody": "The pump installer shall:(1) verify all owner information prior to installing any components of a shallow closed-loop geothermal system;(2) verify that all the pumps, tubing, and connections from the well to the infrastructure and the geothermal heat exchange system are installed, tested, and backfilled in a manner that is consistent with this subchapter and any other applicable local, state, or federal guidelines, regulations, and ordinances;(3) install all subsurface infrastructure such as loops or tubing; and(4) comply with all other applicable state regulations, statutes, and local ordinances.", "sourceNote": "Source Note: The provisions of this §6.108 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223274", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.109", "label": "Operational Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223275", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Safety. The system must clearly be marked identifying it as a shallow closed-loop geothermal system.(b) Pressure testing. Shallow closed-loop geothermal injection wells shall be pressure-tested with water at 100 psi (690 kPa) for 30 minutes prior to backfilling of connection (header) trenches. Any leaking loop shall be repaired or replaced prior to completing the well.(c) Local regulation. The Commission does not require the submittal of site plans for wells authorized by rule under this subchapter. However, a site plan may be required by a local health agent, other local governmental entity, and/or a groundwater conservation district.", "sourceNote": "Source Note: The provisions of this §6.109 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223275", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.110", "label": "Well Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223276", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The water well driller is required by §76.70 of this title (relating to Responsibilities of the Licensee -- State Well Reports) to submit a well report to TDLR electronically through the Texas Well Report Submission and Retrieval System (TWRSRS). The driller shall provide an electronic copy of the well report to the Director within 30 days of well completion. A well report is not required for each well constructed on one site; however a map or drawing of each well shall be provided.(b) At a minimum, a completed copy of the well report must include the following information for each well or wells drilled:(1) the name and address of the owner of the well or wells;(2) the county in which the well or wells were drilled;(3) a list of any other wells drilled at the same time;(4) the owner well number (if assigned);(5) the Latitude/Longitude (WGS 84 datum in either Degrees/Minutes Seconds or Decimal Degrees) of the well or wells;(6) the elevation (surface level of drill site expressed in feet above sea level);(7) the drilling start date and end date (expressed in month/date/year);(8) a schematic showing the borehole or boreholes' diameter in inches, the bottom depth in feet, and the drilling method;(9) the driller's name;(10) the water well driller's TDLR license number; and(11) any additives, constituents, or fluids to make up the heat transfer fluid.(c) Incomplete well reports may be subject to a notice of violation from the Commission. Failure to complete a well report within 30 days of a notice of violation may result in enforcement action.(d) A shallow closed-loop geothermal system, once drilled, installed, and operating is a permanent fixture of the property. If the property is transferred, both the transferor owner and the transferee owner shall notify the Commission of the transfer within 30 days of the date of the transfer. The transferee owner shall be responsible for plugging the well upon abandonment.(e) Texas Occupations Code §1901.251 authorizes the owner or the person for whom the well was drilled to request that information in well reports be made confidential. If such person seeks to request confidentiality, the person shall file a written request with the Commission via certified mail. If the Commission receives a request under the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, for materials that have been designated confidential, the Commission will notify the filer of the request in accordance with the provisions of the PIA so that the filer can take action with the Office of the Attorney General to oppose release of the materials.", "sourceNote": "Source Note: The provisions of this §6.110 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223276", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.111", "label": "Plugging" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223277", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon permanent discontinued use or abandonment of a shallow closed-loop geothermal injection well, the owner shall plug the well according to the following standards:(1) All removable casing shall be removed and the entire well shall be pressure filled with cement from bottom to the land surface using a pipe correctly sized to ensure all cement is properly located, distributed, and cured; and(2) The well may be filled with fine sand, clay, or heavy mud followed by a cement plug extending from land surface to a depth of not less than ten feet below the land surface.(b) Any fluids injected into the closed loop system shall not endanger fresh water.(c) Not later than the 30th day after the date the well is plugged, a driller or well owner who plugs an abandoned well shall submit to the Commission a completed copy of the well plugging report filed with the TDLR electronically through the Texas Well Report Submission and Retrieval System (TWRSRS).", "sourceNote": "Source Note: The provisions of this §6.111 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223277", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "6", "label": "GEOTHERMAL RESOURCES" }, "subchapter": { "number": "A", "label": "SHALLOW CLOSED-LOOP GEOTHERMAL SYSTEMS" }, "rule": { "number": "§6.112", "label": "Enforcement and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113616", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A well which violates any requirement of this subchapter or a condition of a permit issued under §6.104(b) of this title (relating to Authorization by Rule) is subject to appropriate enforcement action. The Director may require owners or drillers to submit additional information deemed necessary to protect fresh water. If the required information is not submitted, the owner may be prohibited from using the well until the information is received by the Director.(b) If a person violates any requirement of this subchapter or a condition of a permit issued under §6.104(b) of this title, the person may be assessed a civil penalty by the Commission. The penalty may not exceed $10,000 a day for each violation. Each day a violation continues may be considered a separate violation. In determining the amount of the penalty, the Commission will consider the person's history of previous violations, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the person.", "sourceNote": "Source Note: The provisions of this §6.112 adopted to be effective January 6, 2025, 50 TexReg 103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113616", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.45", "label": "Quality of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190883", "queryAsDate": "03/11/2026" }, "ruleBody": "For gas utility service to residential and small commercial customers, the following minimum service standards shall be applicable in unincorporated areas. In addition, each gas distribution utility is ordered to amend its service rules to include said minimum service standards within the utility service rules applicable to residential and small commercial customers within incorporated areas, but only to the extent that said minimum service standards do not conflict with standards lawfully established within a particular municipality for a gas distribution utility. Said gas distribution utility shall file service rules incorporating said minimum service standards with the Railroad Commission and with the municipalities in the manner prescribed by law.(1) Continuity of service.(A) Service interruptions.(i) Every gas utility shall make all reasonable efforts to prevent interruptions of service. When interruptions occur, the utility shall reestablish service within the shortest possible time consistent with prudent operating principles so that the smallest number of customers are affected.(ii) Each utility shall make reasonable provisions to meet emergencies resulting from failure of service, and each utility shall issue instructions to its employees covering procedures to be followed in the event of an emergency in order to prevent or mitigate interruption or impairment of service.(iii) In the event of national emergency or local disaster resulting in disruption of normal service, the utility may, in the public interest, interrupt service to other customers to provide necessary service to civil defense or other emergency service agencies on a temporary basis until normal service to these agencies can be restored.(B) Record of interruption. Except for momentary interruptions which do not cause a major disruption of service, each utility shall keep a complete record of all interruptions, both emergency and scheduled. This record shall show the cause of interruptions, date, time duration, location, approximate number of customers affected, and, in cases of emergency interruptions, the remedy and steps taken to prevent recurrence.(C) Report to commission. The commission shall be notified in writing within 48 hours of interruptions in service affecting the entire system or any major division thereof lasting more than four hours. The notice shall also state the cause of such interruptions. If any service interruption is reported to the commission otherwise (for example, as a curtailment report or safety report), such other report is sufficient to comply with the terms of this paragraph.(2) Customer relations.(A) Information to customers. Each utility shall:(i) maintain a current set of maps showing the physical locations of its facilities. All distribution facilities shall be labeled to indicate the size or any pertinent information which will accurately describe the utility's facilities. These maps, or such other maps as may be required by the regulatory authority, shall be kept by the utility in a central location and will be available for inspection by the regulatory authority during normal working hours. Each business office or service center shall have available up-to-date maps, plans, or records of its immediate area, with such other information as may be necessary to enable the utility to advise applicants and others entitled to the information as to the facilities available for serving that locality;(ii) assist the customer or applicant in selecting the most economical rate schedule;(iii) in compliance with applicable law or regulations, notify customers affected by a change in rates or schedule or classification;(iv) post a notice in a conspicuous place in each business office of the utility where applications for service are received informing the public that copies of the rate schedules and rules relating to the service of the utility as filed with the commission are available for inspection;(v) upon request inform its customers as to the method of reading meters;(vi) provide to new customers, at the time service is initiated or as an insert in the first billing, a pamphlet or information packet containing the following information. This information shall be provided in English and Spanish as necessary to adequately inform the customers; provided, however, the regulatory authority upon application and a showing of good cause may exempt the utility from the requirement that the information be provided in Spanish:(I) the customer's right to information concerning rates and services and the customer's right to inspect or obtain at reproduction cost a copy of the applicable tariffs and service rules;(II) the customer's right to have his or her meter checked without charge under paragraph (7) of this section, if applicable;(III) the time allowed to pay outstanding bills;(IV) grounds for termination of service;(V) the steps the utility must take before terminating service;(VI) how the customer can resolve billing disputes with the utility and how disputes and health emergencies may affect termination of service;(VII) information on alternative payment plans offered by the utility;(VIII) the steps necessary to have service reconnected after involuntary termination;(IX) the appropriate regulatory authority with whom to register a complaint and how to contact such authority;(X) the hours, addresses, and telephone numbers of utility offices where bills may be paid and information may be obtained; and(XI) the customer's right to be instructed by the utility how to read his or her meter;(vii) at least once each calendar year, notify customers that information is available upon request, at no charge to the customer, concerning the items listed in clause (vi)(I) - (XI) of this subparagraph. This notice may be accomplished by use of a billing insert or a printed statement upon the bill itself.(B) Customer complaints. Upon complaint to the utility by residential or small commercial customers either at its office, by letter, or by telephone, the utility shall promptly make a suitable investigation and advise the complainant of the results thereof. If shall keep a record of all complaints which shall show the name and address of the complainant, the date and nature of the complaint, and the adjustment or disposition thereof for a period of one year subsequent to the final disposition of the complaint.(C) Utility response. Upon receipt of a complaint, either by letter or by telephone, from the regulatory authority on behalf of a customer, the utility shall make a suitable investigation and advise the regulatory authority and complainant of the results thereof. An initial response must be made by the next working day. The utility must make a final and complete response within 15 days from the date of the complaint, unless additional time is granted within the 15-day period. The commission encourages all customer complaints to be made in writing to assist the regulatory authority in maintaining records of the quality of service of each utility; however, telephone communications will be acceptable.(D) Deferred payment plan. The utility is encouraged to offer a deferred payment plan for delinquent residential accounts. If such a plan is offered, it shall conform to the following guidelines:(i) Every deferred payment plan entered into due to the customer's inability to pay the outstanding bill in full must provide that service will not be discontinued if the customer pays current bills and a reasonable amount of the outstanding bill and agrees to pay the balance in reasonable installments until the bill is paid.(ii) For purposes of determining reasonableness under these rules, the following shall be considered: size of delinquent account; customer's ability to pay; customer's payment history; time that the debt has been outstanding; reasons why debt has been outstanding; and other relevant factors concerning the circumstances of the customer.(iii) A deferred payment plan, if reduced to writing, offered by a utility shall state, immediately preceding the space provided for the customer's signature and in bold-face print at least two sizes larger than any other used, that: \"If you are not satisfied with this agreement, do not sign. If you are satisfied with this agreement, you give up your right to dispute the amount due under the agreement except for the utility's failure or refusal to comply with the terms of this agreement.\"(iv) A deferred payment plan may include a one-time 5.0% penalty for late payment on the original amount of the outstanding bill with no prompt payment discount allowed except in cases where the outstanding bill is unusually high as a result of the utility's error (such as an inaccurately estimated bill or an incorrectly read meter). A deferred payment plan shall not include a finance charge.(v) If a customer for utility service has not fulfilled terms of a deferred payment agreement or refuses to sign the same if it is reduced to writing, the utility shall have the right to disconnect pursuant to disconnection rules herein and, under such circumstances, it shall not be required to offer a subsequent negotiation of a deferred payment agreement prior to disconnection.(vi) Any utility which institutes a deferred payment plan shall not refuse a customer participation in such a program on the basis of race, color, creed, sex, marital status, age, or any other form of discrimination prohibited by law.(E) Delayed payment of bills by elderly persons.(i) Applicability. This subparagraph applies only to:(I) a utility that assesses late payment charges on residential customers and that suspends service before the 26th day after the date of the bill for which collection action is taken;(II) utility bills issued on or after August 30, 1993; and(III) an elderly person, as defined in clause (ii) of this subparagraph, who is a residential customer and who occupies the entire premises for which a delay is requested.(ii) Definitions.(I) Elderly person--A person who is 60 years of age or older.(II) Utility--A gas utility or municipally owned utility, as defined in Texas Utilities Code, §§101.003(7), 101.003(8), and 121.001 - 121.006.(iii) An elderly person may request that the utility implement the delay for either the most recent utility bill or for the most recent utility bill and each subsequent utility bill.(iv) On request of an elderly person, a utility shall delay without penalty the payment date of a bill for providing utility services to that person until the 25th day after the date on which the bill is issued.(v) The utility may require the requesting person to present reasonable proof that the person is 60 years of age or older.(vi) Every utility shall notify its customers of this delayed payment option no less often than yearly. A utility may include this notice with other information provided pursuant to subparagraph (A) of this paragraph.(3) Refusal of service.(A) Compliance by applicant. Any utility may decline to serve an applicant for whom service is available from previously installed facilities until such applicant has complied with the state and municipal regulations and approved rules and regulations of the utility on file with the commission governing the service applied for or for the following reasons.(i) Applicant's facilities inadequate. If the applicant's installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given.(ii) For indebtedness. If the applicant is indebted to any utility for the same kind of service as that applied for; provided, however, that in the event the indebtedness of the applicant for service is in dispute, the applicant shall be served upon complying with the applicable deposit requirement.(iii) Refusal to make deposit. For refusal to make a deposit if applicant is required to make a deposit under these rules.(B) Applicant's recourse. In the event that the utility shall refuse to serve an applicant under the provisions of these rules, the utility must inform the applicant of the basis of its refusal and that the applicant may file a complaint with the municipal regulatory authority or commission, whichever is appropriate.(C) Insufficient grounds for refusal to serve. The following shall not constitute sufficient cause for refusal of service to a present customer or applicant:(i) delinquency in payment for service by a previous occupant of the premises to be served;(ii) failure to pay for merchandise or charges for nonutility service purchased from the utility;(iii) failure to pay a bill to correct previous underbilling due to misapplication of rates more than six months prior to the date of application;(iv) violation of the utility's rules pertaining to operation of nonstandard equipment or unauthorized attachments which interfere with the service of others unless the customer has first been notified and been afforded reasonable opportunity to comply with these rules;(v) failure to pay a bill of another customer as guarantor thereof unless the guarantee was made in writing to the utility as a condition precedent to service; and(vi) failure to pay the bill of another customer at the same address except where the change of customer identity is made to avoid or evade payment of a utility bill.(4) Discontinuance of service.(A) The due date of the bill for utility service shall not be less than 15 days after issuance, or such other period of time as may be provided by order of the regulatory authority. A bill for utility service is delinquent if unpaid by the due date.(B) A utility may offer an inducement for prompt payment of bills by allowing a discount in the amount of 5.0% for payment of bills within 10 days after their issuance. This provision shall not apply where it conflicts with existing orders or ordinances of the appropriate regulatory authority.(C) A customer's utility service may be disconnected if the bill has not been paid or a deferred payment plan pursuant to paragraph (2)(D) of this section has not been entered into within five working days after the bill has become delinquent and proper notice has been given. Proper notice consists of a deposit in the United States mail, postage prepaid, or hand delivery to the customer at least five working days prior to the stated date of disconnection, with the words \"Termination Notice\" or similar language prominently displayed on the notice. The notice shall be provided in English and Spanish as necessary to adequately inform the customer, and shall include the date of termination, the hours, address, and telephone number where payment may be made, and a statement that if a health or other emergency exists, the utility may be contacted concerning the nature of the emergency and the relief available, if any, to meet such emergency.(D) Utility service may be disconnected for any of the following reasons:(i) failure to pay a delinquent account or failure to comply with the terms of a deferred payment plan for installment payment of a delinquent account;(ii) violation of the utility's rules pertaining to the use of service in a manner which interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation;(iii) failure to comply with deposit or guarantee arrangements where required by paragraph (5) of this section;(iv) without notice where a known dangerous condition exists for as long as the condition exists;(v) tampering with the utility company's meter or equipment or bypassing the same.(E) Utility service may not be disconnected for any of the following reasons:(i) delinquency in payment for service by a previous occupant of the premises;(ii) failure to pay for merchandise or charges for nonutility service by the utility;(iii) failure to pay for a different type or class of utility service unless fee for such service is included on the same bill;(iv) failure to pay the account of another customer as guarantor thereof, unless the utility has in writing the guarantee as a condition precedent to service;(v) failure to pay charges arising from an underbilling occurring due to any misapplication of rates more than six months prior to the current billings;(vi) failure to pay charges arising from an underbilling due to any faulty metering, unless the meter has been tampered with or unless such underbilling charges are due;(vii) failure to pay an estimated bill other than a bill rendered pursuant to an approved meter reading plan, unless the utility is unable to read the meter due to circumstances beyond its control.(F) Unless a dangerous condition exists, or unless the customer requests disconnection, service shall not be disconnected on a day, or on a day immediately preceding a day, when personnel of the utility are not available to the public for the purpose of making collections and reconnecting service.(G) No utility may abandon a customer without written approval from the regulatory authority.(H) No utility may discontinue service to a delinquent residential customer permanently residing in an individually metered dwelling unit when that customer establishes that discontinuance of service will result in some person residing at that residence becoming seriously ill or more seriously ill if the service is discontinued. Any customer seeking to avoid termination of service under this section must make a written request supported by a written statement from a licensed physician. Both the request and the statement must be received by the utility not more than five working days after the date of delinquency of the bill. The prohibition against service termination provided by this section shall last 20 days from the date of receipt by the utility of the request and statement or such lesser period as may be agreed upon by the utility and the customer. The customer who makes such request shall sign an installment agreement which provides for payment of such service along with timely payments for subsequent monthly billings.(5) Applicant deposit.(A) Establishment of credit for residential applicants. Each utility may require a residential applicant for service to satisfactorily establish credit but such establishment of credit shall not relieve the customer from complying with rules for prompt payment of bills. Subject to these rules, a residential applicant shall not be required to pay a deposit:(i) if the residential applicant has been a customer of any utility for the same kind of service within the last two years and is not delinquent in payment of any such utility service account and during the last 12 consecutive months of service did not have more than one occasion in which a bill for such utility service was paid after becoming delinquent and never had service disconnected for nonpayment;(ii) if the residential applicant furnishes in writing a satisfactory guarantee to secure payment of bills for the service required; or(iii) if the residential applicant furnishes in writing a satisfactory credit rating by appropriate means, including, but not limited to, the production of generally acceptable credit cards, letters of credit reference, the names of credit references which may be quickly and inexpensively contacted by the utility, or ownership of substantial equity.(B) Reestablishment of credit. Every applicant who has previously been a customer of the utility and whose service has been discontinued for nonpayment of bills shall be required before service is rendered to pay all his amounts due the utility or execute a written deferred payment agreement, if offered, and reestablish credit as provided in subparagraph (A) of this paragraph.(C) Amount of deposit and interest for residential service, and exemption from deposit.(i) Each gas utility shall waive any deposit requirement for residential service for an applicant who has been determined to be a victim of family violence as defined in Texas Family Code, §71.004, by a family violence center, by treating medical personnel, by law enforcement agency personnel, or by a designee of the Attorney General in the Crime Victim Services Division of the Office of the Attorney General. This determination shall be evidenced by the applicant's submission of a certification letter developed by the Texas Council on Family Violence and made available on its web site.(ii) The required deposit shall not exceed an amount equivalent to one-sixth of the estimated annual billings. If actual use is at least twice the amount of the estimated billings, a new deposit requirement may be calculated and an additional deposit may be required within two days. If such additional deposit is not made, the utility may disconnect service under the standard disconnection procedure for failure to comply with deposit requirements.(iii) All applicants for residential service who are 65 years of age or older will be considered as having established credit if such applicant does not have an outstanding account balance with the utility or another utility for the same utility service which accrued within the last two years. No cash deposit shall be required of such applicant under these conditions.(iv) Each utility which requires deposits to be made by its customers shall pay a minimum interest on such deposits according to the rate as established by law. If refund of deposit is made within 30 days of receipt of deposit, no interest payment is required. If the utility retains the deposit more than 30 days, payment of interest shall be made retroactive to the date of deposit.(I) Payment of interest to the customer shall be annually or at the time the deposit is returned or credited to the customer's account.(II) The deposit shall cease to draw interest on the date it is returned or credited to the customer's account.(D) Deposits for temporary or seasonal service and for weekend or seasonal residences. The utility may require a deposit sufficient to reasonably protect it against the assumed risk, provided such a policy is applied in a uniform and nondiscriminatory manner.(E) Records of deposits.(i) The utility shall keep records to show:(I) the name and address of each depositor;(II) the amount and date of the deposit; and(III) each transaction concerning the deposit.(ii) The utility shall issue a receipt of deposit to each applicant from whom a deposit is received and shall provide means whereby a depositor may establish claim if the receipt is lost.(iii) A record of each unclaimed deposit must be maintained for at least four years, during which time the utility shall make a reasonable effort to return the deposit.(F) Refund of deposit.(i) If service is not connected or after disconnection of service, the utility shall promptly and automatically refund the customer's deposit plus accrued interest on the balance, if any, in excess of the unpaid bills for service furnished. The transfer of service from one premise to another within the service area of the utility shall not be deemed a disconnection within the meaning of these rules, and no additional deposit may be demanded unless permitted by these rules.(ii) When the customer has paid bills for service for 12 consecutive residential bills without having service disconnected for nonpayment of bill and without having more than two occasions in which a bill was delinquent and when the customer is not delinquent in the payment of the current bills, the utility shall promptly and automatically refund the deposit plus accrued interest to the customer in the form of cash or credit to a customer's account.(G) Upon sale or transfer of utility or company. Upon the sale or transfer of any public utility or operating units thereof, the seller shall file with the commission under oath, in addition to other information, a list showing the names and addresses of all customers served by such utility or unit who have to their credit a deposit, the date such deposit was made, the amount thereof, and the unpaid interest thereon.(H) Complaint by applicant or customer. Each utility shall direct its personnel engaged in initial contact with an applicant or customer for service seeking to establish or reestablish credit under the provisions of these rules to inform the customer, if dissatisfaction is expressed with the utility's decision, of the customer's right to file a complaint with the regulatory authority thereon.(6) Billing.(A) Bills for gas service shall be rendered monthly, unless otherwise authorized or unless service is rendered for a period less than a month. Bills shall be rendered as promptly as possible following the reading of meters.(B) The customer's bill must show all the following information. The information must be arranged and displayed in such a manner as to allow the customer to compute his bill with the applicable rate schedule. The applicable rate schedule must be mailed to the customer on request of the customer. A utility may exhaust its present stock of nonconforming bill forms before compliance is required by this section:(i) if the meter is read by the utility, the date and reading of the meter at the beginning and end of the period for which rendered;(ii) the number and kind of units billed;(iii) the applicable rate schedule title or code;(iv) the total base bill;(v) the total of any adjustments to the base bill and the amount of adjustments per billing unit;(vi) the date by which the customer must pay the bill to get prompt payment discount;(vii) the total amount due before and after any discount for prompt payment within a designated period;(viii) a distinct marking to identify an estimated bill.(C) Where there is good reason for doing so, estimated bills may be submitted, provided that an actual meter reading is taken at least every six months. For the second consecutive month in which the meter reader is unable to gain access to the premises to read the meter on regular meter reading trips, or in months where meters are not read otherwise, the utility must provide the customer with a postcard and request that the customer read the meter and return the card to the utility if the meter is of a type that can be read by the customer without significant inconvenience or special tools or equipment. If such a postcard is not received by the utility in time for billing, the utility may estimate the meter reading and render the bill accordingly.(D) Disputed bills.(i) In the event of a dispute between the customer and the utility regarding the bill, the utility must forthwith make such investigation as is required by the particular case and report the results thereof to the customer. If the customer wishes to obtain the benefits of clause (ii) of this subparagraph, notification of the dispute must be given to the utility prior to the date the bill becomes delinquent. In the event the dispute is not resolved, the utility shall inform the customer of the complaint procedures of the appropriate regulatory authority.(ii) Notwithstanding any other subsection of this section, the customer shall not be required to pay the disputed portion of the bill which exceeds the amount of that customer's average usage for the billing period at current rates until the earlier of the following: resolution of the dispute or the expiration of the 60-day period beginning on the day the disputed bill is issued. For purposes of this section only, the customer's average usage for the billing period shall be the average of the customer's usage for the same billing period during the preceding two years. Where no previous usage history exists, the average usage shall be estimated on the basis of usage levels of similar customers and under similar conditions.(7) Meters.(A) Meter requirements.(i) Use of meter. All gas sold by a utility must be charged for by meter measurements, except where otherwise provided for by applicable law, regulation of the regulatory authority, or tariff.(ii) Installation by utility. Unless otherwise authorized by the regulatory authority, each utility must provide and install and will continue to own and maintain all meters necessary for measurement of gas delivered to its customers.(iii) Standard type. No utility may furnish, set up, or put in use any meter which is not reliable and of a standard type which meets generally accepted industry standards; provided, however, special meters not necessarily conforming to such standard types may be used for investigation, testing, or experimental purposes.(B) Meter records. Each utility must keep the following records:(i) Meter equipment records. Each utility must keep a record of all its meters, showing the customer's address and date of the last test.(ii) Records of meter tests. All meter tests must be properly referenced to the meter record provided for therein. The record of each test made on request of a customer must show the identifying number and constants of the meter, the standard meter and other measuring devices used, the date and kind of test made, by whom made, the error (or percentage of accuracy) at each load tested, and sufficient data to permit verification of all calculations.(iii) Meter readings--meter unit location. In general, each meter must indicate clearly the units of service for which charge is made to the customer.(iv) Meter tests on request of customer.(I) Each utility must, upon request of a customer, make a test of the accuracy of the meter serving that customer. The utility must inform the customer of the time and place of the test and permit the customer or his authorized representative to be present if the customer so desires. If no such test has been performed within the previous four years for the same customer at the same location, the test is to be performed without charge. If such a test has been performed for the same customer at the same location within the previous four years, the utility is entitled to charge a fee for the test not to exceed $15 or such other fee for the testing of meters as may be set forth in the utility's tariff properly on file with the regulatory authority. The customer must be properly informed of the result of any test on a meter that serves him.(II) Notwithstanding subclause (I) of this clause, if the meter is found to be more than nominally defective, to either the customer's or the utility's disadvantage, any fee charged for a meter test must be refunded to the customer. More than nominally defective means a deviation of more than 2.0% from accurate registration.(v) Bill adjustments due to meter error.(I) If any meter test reveals a meter to be more than nominally defective, the utility must correct previous readings consistent with the inaccuracy found in the meter for the period of either:(-a-) the last six months; or(-b-) the last test of the meter, whichever is shorter. Any resulting underbillings or overbillings are to be corrected in subsequent bills, unless service is terminated, in which event a monetary adjustment is to be made. This requirement for a correction may be foregone by the utility if the error is to the utility's disadvantage.(II) If a meter is found not to register for any period of time, the utility may make a charge for units used but not metered for a period not to exceed three months previous to the time the meter is found not to be registering. The determination of amounts used but not metered is to be based on consumption during other like periods by the same customer at the same location, when available, and on consumption under similar conditions at the same location or of other similarly situated customers, when not available.(8) New construction.(A) Standards of construction. Each utility is to construct, install, operate, and maintain its plant, structures, equipment, and lines in accordance with the provisions of such codes and standards as are generally accepted by the industry, as modified by rule or regulation of the regulatory authority or otherwise by law, and in such manner to best accommodate the public and to prevent interference with service furnished by other public utilities insofar as practical.(B) Line extension and construction charges. Every utility must file its extension policy. The policy must be consistent, nondiscriminatory, and is subject to the approval of the regulatory authority. No contribution in aid of construction may be required of any customer except as provided for in extension policy.(C) Response to request for service. Every gas utility must serve each qualified applicant for service within its service area as rapidly as practical. As a general policy, those applications not involving line extensions or new facilities should be filled within seven working days. Those applications for individual residential service requiring line extensions should be filled within 90 days unless unavailability of materials or other causes beyond the control of the utility result in unavoidable delays. In the event that residential service is delayed in excess of 90 days after an applicant has met credit requirements and made satisfactory arrangements for payment of any required construction charges, a report must be made to the regulatory authority listing the name of the applicant, location, and cause for delay. Unless such delays are due to causes which are reasonably beyond the control of the utility, a delay in excess of 90 days may be found to constitute a refusal to serve.", "sourceNote": "Source Note: The provisions of this §7.45 adopted to be effective June 26, 1977, 2 TexReg 2371; amended to be effective March 30, 1983, 8 TexReg 887; amended to be effective September 25, 1987, 12 TexReg 3040; amended to be effective September 21, 1998, 23 TexReg 9543; amended to be effective November 10, 2003, 28 TexReg 9826; amended to be effective July 12, 2004, 29 TexReg 6635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190883", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.110", "label": "Communications with Regulatory Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190884", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall maintain accurate communication records in accordance with its records retention policy.", "sourceNote": "Source Note: The provisions of this §7.110 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190884", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.115", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190885", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Affiliate--Any affiliate as defined in Texas Utilities Code, §101.003.(2) Allowance for funds used during construction (AFUDC)--The net cost of borrowed funds for the period of construction used for construction purposes and a reasonable rate on other funds when so used until included in the rate base.(3) Apartment house--A building or buildings containing more than five dwelling units, all of which are rented or available to be rented primarily for nontransient use, with rental paid at intervals of one week or longer. The term \"apartment house\" shall include residential condominiums, whether rented or owner occupied.(4) Apartment unit--A room or rooms in an apartment house suitable for occupancy as a residence containing kitchen and bathroom facilities.(5) Appellate jurisdiction--Exclusive jurisdiction of the Commission in those cases in which a utility perfects an appeal pursuant to Texas Utilities Code, §103.054, from the decision of a municipality.(6) Bulletin--A Gas Services publication published twice monthly containing information such as notices of hearings, final orders and decisions, rules, and other information of general interest to the public. Gas Services shall publish the bulletin on the Commission's web site and shall make a paper copy available for public inspection and copying.(7) Commission--The Railroad Commission of Texas, including its staff or delegate.(8) Common purchaser of gas--Every common purchaser of gas as defined in Texas Natural Resources Code, §111.081(a)(2).(9) Construction work in progress (CWIP)--Funds expended by a gas utility which are irrevocably committed to construction projects not yet completed or placed into service.(10) Cost of service adjustment clause--Any rate provision other than a purchased gas adjustment clause provided for in §7.5519 of this title (relating to Gas Cost Recovery), which operates to increase or decrease rates without prior consent or authority of the appropriate regulatory authority.(11) Director--The Director of the Oversight and Safety Division or the Director's delegate.(12) Discrimination--Any material difference in rates, service, rules and regulations, or conditions of service for transportation services which unreasonably disadvantages or prejudices similarly-situated shippers.(13) Domestic use--The use of natural gas for cooking, clothes drying, space heating, or water heating.(14) Environs rates--Residential and commercial rates for a gas utility applicable to natural gas sales and service in unincorporated areas adjacent to or near incorporated cities and towns, aside from special rates as defined in this section.(15) Gas-gathering utility--For the purposes of determining which annual report to file, a gas utility or public utility which employs a pipeline or pipelines and ancillary facilities thereto in the first taking or the first retaining of possession of gas produced by others which extends from any point where such gas is produced, purchased, or received to the trunk line or main line of transportation where such gas is sold or delivered, without regard to the size, the length, or the amount of such gas carried through such pipeline or pipelines to the trunk line or main line of transportation, thus having as its primary function the collecting or collecting and processing of gas produced by others as a preliminary incident to the transportation after it has been severed from the earth by production.(16) Gas pipeline--Any gas pipeline under the provisions of Texas Utilities Code, Chapters 121 and 122.(17) Gas Services--A department of the Oversight and Safety Division of the Commission responsible for the regulation of the natural gas utility industry in Texas.(18) Gas utility (utility)--Any gas utility or utility as defined in Texas Utilities Code, Title 3.(19) Interim rate adjustment--A tariff or rate schedule that provides for an interim adjustment in a gas utility's monthly customer charge or initial block usage rate, made pursuant to §7.7101 of this title (relating to Interim Rate Adjustments), to recover the cost of changes in the utility's invested capital and related expenses and revenues, for providing gas utility service. An interim rate adjustment can be either an initial tariff or rate schedule or an annual adjustment to an existing interim rate adjustment tariff or rate schedule.(20) Local distribution company--An entity that operates a retail gas distribution system.(21) Lost and unaccounted for gas--The difference between the amount of gas metered into a distribution or transmission system and the amount metered out.(22) Lost gas--The amount of gas which physically escapes into the ground or atmosphere from a distribution or transmission system, except for that gas which escapes as a part of an intentional testing procedure or purging operation performed during maintenance or construction activities.(23) Master meter--A single large volume gas measurement device by which gas is metered and sold to a single purchaser who distributes the gas to one or more additional persons downstream from that meter.(24) Mobile home--A structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.(25) Mobile home or apartment resident--An occupant of a mobile home in a mobile home park or an occupant in an apartment house or apartment unit who is responsible for rent payments and who receives gas through a submeter.(26) Municipality--A city, incorporated village, or town, existing, created, or organized under the general, home-rule, or special laws of the state.(27) Person--Has the same meaning as the definition in Texas Utilities Code, §101.003(10).(28) Preference--Any material difference in rates, service, rules and regulations, conditions of service, or the dissemination or providing of information concerning transportation services which unreasonably advantages or favors similarly-situated shippers.(29) Rate case--A statement of intent to increase rates filed at the Commission pursuant to Texas Utilities Code, §104.102.(30) Qualifying offer--An offer to convert all of the residential or commercial customers' gas burning facilities to the lowest cost available alternative energy source, including, at a minimum, a single tank of normal size for the customer's premises filled once with any liquid alternative energy source. At the customer's election, the qualifying offer shall be the cash equivalent of the cost of conversion to the lowest cost available alternative energy source.(31) Shipper--Any person or corporation for which a transporter is currently providing, has provided, or has pending a written request to provide transportation services.(32) Similarly-situated shipper--Any shipper that seeks or receives transportation services under the same or substantially the same, physical, regulatory, and economic conditions of service as any other shipper of a transporter. In determining whether conditions of service are the same or substantially the same, the Commission shall evaluate the significance of relevant conditions, including, but not limited to, the following:(A) service requirements;(B) location of facilities;(C) receipt and delivery points;(D) length of haul;(E) quality of service (firm, interruptible, etc.);(F) quantity;(G) swing requirements;(H) credit worthiness;(I) gas quality;(J) pressure (including inlet or line pressure);(K) duration of service;(L) connect requirements; and(M) conditions and circumstances existing at the time of agreement or negotiation.(33) Special rates--Residential and commercial rates for a gas utility applicable to natural gas sales and service established pursuant to Commission orders applicable only to service by a given utility within a specified area and not specifically keyed to the rates charged in any incorporated area.(34) Submeter--A single gas measurement device by which gas is metered to a mobile home unit, apartment house, or apartment unit downstream of a master meter.(35) Transportation service--The receipt of a shipper's gas at a point or points on the facilities of a transporter, and redelivery of a shipper's gas by the transporter at another point or points on the facilities of the transporter, including exchange, backhaul, displacement, and other methods of transportation, provided, however, that the term \"transportation service\" shall not include processing services or the movement of gas to which the transporter has title.(36) Transporter--Any common purchaser of gas, gas utility, or gas pipeline that provides gas gathering and/or transmission transportation service for a fee.(37) Unaccounted for gas--Lost and unaccounted for gas less lost gas.", "sourceNote": "Source Note: The provisions of this §7.115 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective December 27, 2004, 29 TexReg 11948; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190885", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.201", "label": "Filing of Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190886", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person intending to initiate a proceeding before the Commission shall file two copies of such pleadings with the Director.(b) A person filing pleadings or documents other than those initiating a proceeding shall file two copies. In cases in which a legal examiner has not been assigned, the pleadings are to be filed with Gas Services. In those cases in which a legal examiner has been assigned, the pleadings are to be filed with the Docket Services Section in accordance with §1.22 of this title, relating to Filings with the Hearings Division. If a person files a copy of a signed original, the person or the person's authorized representative shall maintain the signed original for examination by the Commission, the examiner, the Director, or any party to the proceedings.(c) The mailing address of Gas Services and the Docket Services Section is: Railroad Commission of Texas, P.O. Box 12967, 1701 North Congress Avenue, Austin, Texas 78711-2967. The regular office hours of the Commission are 8:00 a.m. to 5:00 p.m., Monday through Friday. Offices are closed on Saturdays and Sundays and on certain state-observed holidays.", "sourceNote": "Source Note: The provisions of this §7.201 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190886", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.205", "label": "Contents of Statements of Intent and Petitions for Review of Municipal Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190887", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contents. In addition to the information required in §1.32 of this title (relating to Form and Content of Pleadings), and any necessary additional information required by the Commission to evaluate the filing, all statements of intent to increase rates and petitions for review of action by municipality shall contain the following:(1) the proposed revisions of rates and schedules;(2) a statement specifying in detail each proposed change;(3) the effect the proposed change is expected to have on the revenues of the applicant; and(4) the classes and numbers of utility customers affected.(b) Petitions for review. Any utility filing a petition for review appealing the decision of the governing body of a municipality to the Commission shall file its direct evidence to support its proposed rate increase, including those items required pursuant to §7.501 of this title (relating to Certain Matters to be Submitted in Rate Hearings), and prepared testimony of all of its witnesses and exhibits with the Director on the same date it files its petition for review.(c) Compliance. The Commission may reject any filing which does not substantially comply with the requirements of this section at the time of filing or a reasonable time therefrom. The Commission shall not consider a statement of intent or petition for review of action by a municipality to be properly filed until all items listed in subsection (a) of this section have been filed with the Director.", "sourceNote": "Source Note: The provisions of this §7.205 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190887", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.210", "label": "Increasing Residential and Commercial Rates--Statement of Intent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190888", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contents. In addition to the information required in §7.205 of this title (relating to Contents of Statements of Intent and Petitions for Review of Municipal Action), the following information shall be included in each statement of intent to increase residential and commercial rates within the original jurisdiction of the Commission:(1) a statement as to whether the proposed rates will or will not exceed 115% of the average of all rates for similar services of all municipalities served by the same utility within the same county;(2) a statement as to whether the proposed change will or will not result in a \"major change,\" as that term is defined in Texas Utilities Code, §104.101.(b) Requirement of additional information for cost of service increases in adjacent municipalities. If the utility proposes a rate for residential and commercial rates within the original jurisdiction of the Commission that is the same rate as the rate in effect in the nearest incorporated area in Texas served by the same utility, and the rate change in the municipality is the result of a cost of service adjustment clause as defined in §7.115 of this title (relating to Definitions), the gas utility shall file with the Director, in addition to the information listed in subsection (a) of this section, the following information:(1) all calculations used to derive the cost of service adjustment;(2) the effect of the proposed rates on each affected customer class; and(3) a copy of the cost of service adjustment clause in effect in the adjacent municipality.", "sourceNote": "Source Note: The provisions of this §7.210 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190888", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.220", "label": "Environs Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95756", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Levels of environs rates.(1) The environs rates may be the same rates as those in effect in the nearest incorporated area in Texas served by the same utility where gas is obtained from at least one common pipeline supplier or transmission system. The Commission, on application by a utility, on complaint by any affected person, or on its own motion may review the rate in or boundaries of a given environs area and may consent to or order an adjustment where appropriate.(2) In addition to the definition of environs rates in §7.115 of this title (relating to Definitions), environs rates shall include any quality of service rules adopted by the Commission in subchapter D of this chapter (relating to Customer Service and Protection). Such quality of service rules shall apply to environs areas and become part of environs rates regardless of whether the same quality of service rules are in effect in the related incorporated areas.(b) Rate increases for environs rates. Rate increases in environs shall be made in accordance with the following procedures.(1) The gas utility shall file a statement of intent and shall give notice as required under Texas Utilities Code, §104.103, §7.210 of this title (relating to Increasing Residential and Commercial Rates--Statement of Intent), and §7.230 of this title (relating to Contents of Notice). In addition, when environs rates are to be increased at the same time and to the same extent as the related incorporated area (city) rate and the proposed change does not constitute a \"major change,\" the statement of intent to increase such environs rates shall include (in completed form) the following statement: \"This is a Statement of Intent to increase environs rates for the unincorporated areas in the vicinity of __________________, and contains rates identical with and to become effective upon the same date as rates contained in a similar Statement of Intent filed on or about this date by this utility with said city. This Statement of Intent is intended to produce the same residential and commercial rates as finally approved for the City of __________________ and applies to the rates set out herein or any lower rates finally approved for the City of __________________. Any rate changes pursuant to this Statement of Intent will not become effective until identical changes have become effective within the City of __________________.\" All rate schedules filed with the environs Statement of Intent shall bear the following statement: \"Effective on the latter of _______________________ or such other date as new rates become effective in the City of __________________.\"(2) The utility shall give notice of the filing of a statement of intent to increase environs rates as required by §7.235 of this title (relating to Publication and Service of Notice).(3) Upon request and a showing of good cause by the utility, the environs rates may become effective upon the same date as the rates became effective in the municipality pursuant to Texas Utilities Code, §104.104. Environs rates shall not become effective any earlier than the filing date of the statement of intent to increase rates with the Director. If a utility appeals the rate to the Commission, and the Commission establishes rates the same as or less than those in the environs statement of intent, the rates established by the Commission in the city may become simultaneously effective in the environs area. If the Commission dismisses that appeal, any rates which have been established in the city may become effective in the environs area at the time of dismissal, provided that the rates established in the city are the same as or less than those in the environs statement of intent.(4) No later than 60 days from the date of filing an environs statement of intent, the utility shall furnish a copy to the Commission of any action taken by the city with respect to the related statement of intent, the form of written notice mailed to affected environs area customers, and an affidavit of publication from the newspaper in which notice by publication was made, or an affidavit stating the manner in which notice was otherwise given pursuant to Texas Utilities Code, §104.103.(c) Rate changes proposed pursuant to cost of service adjustment clause. The Commission shall review, on a cost of service basis, an increase in an environs rate that the utility proposes pursuant to a cost of service adjustment clause, as defined in §7.115 of this title (relating to Definitions). The cost of service adjustment clause in effect in the adjacent municipality shall not be applicable or put into effect for the affected environs area, although the utility may request the same rates that are in effect in the adjacent municipality for the environs area. The Commission may review the proposed rate increases pursuant to these clauses on an informal basis and will not schedule a formal hearing unless a complaint is received pursuant to subsection (b)(4) of this section or the Commission elects to conduct a formal hearing.(d) Other rate changes. This section shall not apply to major rate changes or to changes in special rates.", "sourceNote": "Source Note: The provisions of this §7.220 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95756", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.225", "label": "City Gate Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190889", "queryAsDate": "03/11/2026" }, "ruleBody": "Any utility filing a statement of intent to increase a city gate rate which is subject to the original jurisdiction of the Commission shall file its direct evidence to support its proposed rate increase, including those items required pursuant to §7.501 of this title (relating to Certain Matters to be Submitted in Rate Hearings), and prepared testimony of all of its witnesses and exhibits with the Director on the same date it files its statement of intent.", "sourceNote": "Source Note: The provisions of this §7.225 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190889", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.230", "label": "Contents of Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190890", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Rate setting notice. In all proceedings involving rate setting, the gas utility's notice shall include the following information:(1) the proposed revision of rates and schedules;(2) a statement specifying in detail each proposed change;(3) the effect the proposed change is expected to have on the revenues of the company;(4) the classes and numbers of utility customers affected; and(5) any other information required by the Commission.(b) Environs notice. In addition to the information required in subsection (a) of this section, in all proceedings involving statements of intent to change environs rates, as that term is defined in §7.115 of this title (relating to Definitions), the gas utility's notice shall also include:(1) the date of the filing of the statement of intent;(2) a statement as to whether or not the proposed rates constitute a \"major change\";(3) a statement that the proposed change in rates will not become effective until similar changes have become effective within the nearest incorporated city if the rates are sought to be at the same level as the city rates;(4) the location where information concerning the proposed change may be obtained; and(5) a statement that any affected person may file in writing comments or a protest concerning the proposed change in the environs rates with the Docket Services Section of the Hearings Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967, at any time within 30 days following the date on which the change would or has become effective.(c) A gas utility may provide notice by electronic transmission (e-mail) to each directly affected customer, only if:(1) the affected customer has previously consented in writing that the utility may notify the customer of proposed rate increases by e-mail, and has been informed that this consent may be withdrawn; and(2) the affected customer has made an e-mail address available to the utility. An e-mail address is considered to be available if it was used for billing purposes by the utility within 60 days of the date the notice of the proposed increase is issued.(d) In the event that the utility becomes aware that notice by e-mail has failed, the utility must provide notice to the affected customer by mail within 30 days of the date notice of the proposed increase is issued.(e) If the gas utility gives notice by e-mail under the provisions of Texas Utilities Code, §104.103, the subject heading of the e-mail shall include, in large font, \"Notice of Proposed Rate Increase\" and such notice shall be printed in type large enough for easy reading and shall be the only information contained in the body of that e-mail.(f) If the gas utility gives notice by mail under the provisions of Texas Utilities Code, §104.103, such notice shall be printed in type large enough for easy reading and shall be the only information contained on the piece of paper on which it is written. A gas utility may give the notice required under either subsection (a) or (b) of this section by mailing or otherwise delivering the notice with its billing statements.", "sourceNote": "Source Note: The provisions of this §7.230 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective April 14, 2014, 39 TexReg 2846; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190890", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.235", "label": "Publication and Service of Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190891", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Rate setting proceedings.(1) Notice. In all rate proceedings, notice shall be given in the following ways.(A) The Commission shall publish the notice of hearing in the next Bulletin published after the date of issuance of the notice of hearing.(B) The gas utility shall give notice in accordance with §1.42 of this title (relating to Notice of Hearing) and, when applicable, §1.45 of this title (relating to Service in Protested Contested Cases).(C) The gas utility shall give notice in all rate proceedings as required under Texas Utilities Code, §104.103.(D) The Hearings Division may also require that a gas utility mail or deliver notice to other affected persons or agencies.(2) Commission's appellate jurisdiction. In addition to the types of notice required in paragraph (1) of this subsection, a gas utility shall also give notice in rate proceedings involving only the Commission's appellate jurisdiction by serving all parties in the original rate proceeding and the affected municipality with a copy of the petition for review on the same date the utility files the petition for review with the Commission. If any person or entity intervenes, the utility shall furnish a copy of its direct evidence and prepared testimony filed with the Director to the intervenor within five days from the date the motion to intervene is granted.(3) City gate rates. In addition to the types of notice required in paragraph (1) of this subsection, a gas utility shall also give notice in rate proceedings involving city gate rates by serving all directly affected customers with a copy of the statement of intent on the same date the gas utility files the statement of intent with the Commission. If any person or entity intervenes, the utility shall furnish a copy of its direct evidence and prepared testimony filed with the Director to the intervenor within five days from the date the motion to intervene is granted.(b) Proceedings other than rate setting proceedings. In proceedings other than rate setting, notice shall be given in the following ways.(1) The Commission shall publish the notice of hearing in the next Bulletin published after the date of issuance of the notice of hearing.(2) The Commission may require the applicant to mail or deliver notice to other affected persons or agencies.", "sourceNote": "Source Note: The provisions of this §7.235 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190891", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.240", "label": "Statement of Intent to Participate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190892", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Hearings Division receives a letter or other communication from an affected person concerning a statement of intent filed pursuant to Texas Utilities Code, §104.102, the Hearings Division shall, within a reasonable time thereafter, forward to such affected person a form for filing a complaint and statement of intent to participate. The affected person shall complete the complaint and statement of intent to participate form and shall include the complainant's name, address, the utility and the rate increase that is the subject of the complaint, how the affected person will be impacted by the proposed rate increase, and a statement that the complainant or an authorized representative shall appear and participate through the presentation of evidence and arguments if a hearing is held to consider the rate increase. The affected person shall properly complete and return the complaint and statement of intent to participate form to the Hearings Division within 14 days after the mailing by the Hearings Division, or the Commission shall not consider it to be a properly filed complaint pursuant to Texas Utilities Code, §104.105. If the initial complaint is received before the deadline in Texas Utilities Code, §104.105, and the complaint and statement of intent to participate form is received after that date but in a timely manner pursuant to this rule, the form shall be deemed to be filed as of the date of the filing of the original complaint.", "sourceNote": "Source Note: The provisions of this §7.240 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190892", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "B", "label": "SPECIAL PROCEDURAL RULES" }, "rule": { "number": "§7.245", "label": "Effective Date of Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190893", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In rate proceedings under the Commission's original jurisdiction, rates set by the Commission are prospective only and are observed from the date of the applicable Commission order.(b) In municipal rate appeals, the Commission shall enter a final order establishing rates the Commission determines the municipality should have set in the ordinance to which the appeal applies. Rates set by the Commission are prospective only and are observed from the date of the applicable Commission order, except as specifically provided under Texas Utilities Code, §103.056. If the Commission fails to enter a final order within 185 days after the date the appeal is perfected, the rates proposed by the gas utility are considered to be approved by the Commission and take effect on the expiration of the 185-day period.", "sourceNote": "Source Note: The provisions of this §7.245 adopted to be effective October 2, 2002, 27 TexReg 9150; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190893", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "C", "label": "RECORDS AND REPORTS; TARIFFS; GAS UTILITY TAX" }, "rule": { "number": "§7.301", "label": "Annual Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190894", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each gas utility, public utility, or utility under the jurisdiction of the Commission shall file with the Commission each year a gathering, transmission, or distribution annual report showing that information required by the Commission to enable it to properly regulate natural gas utilities within the state. The annual report shall be made on a form approved by Gas Services, printed or otherwise made available to all gas utilities by Gas Services. The annual report shall be made on a calendar year basis with the reports being due not later than April 1 of each calendar year for the preceding calendar year. The annual report shall be filed with Gas Services.(b) All intrastate gas utilities shall file either a gathering, transmission or distribution annual report with Gas Services. Gas gathering utilities, as defined in subsection (c) of this section, shall file the Gathering Annual Report. The Transmission Annual Report shall be filed by those gas utilities that do not meet the definition of a gas gathering utility and are not engaged in the distribution of natural gas to residential and commercial end users. The Distribution Annual Report shall be filed by those gas utilities that are engaged in the retail distribution of gas to end users.(c) For the purpose of determining which annual report to file, a \"gas gathering utility\" shall be defined as a gas utility or public utility which employs a pipeline or pipelines and ancillary facilities thereto in the first taking or the first retaining of possession of gas produced by others which extends from any point where such gas is produced, purchased, or received to the trunk line or main line of transportation where such gas is sold or delivered, without regard to the size, the length, or the amount of such gas carried through such pipeline or pipelines to the trunk line or main line of transportation, thus having as its primary function the collecting or collecting and processing of gas produced by others as a preliminary incident to the transportation after it has been severed from the earth by production.(d) Any utility under the regulation of the Federal Energy Regulatory Commission (FERC) which alleges that it makes no intrastate sales and engages in no intrastate transportation may file a copy of its FERC Form 2 or such other annual report as may be required by that agency in lieu of the annual report form prescribed by this section. The utility shall include an affidavit that the utility makes no intrastate sales and engages in no intrastate transportation and shall provide any other information required by Gas Services. If, upon examination, Gas Services determines that a utility filing under this section should properly have filed an annual report on the form prescribed by Gas Services, Gas Services shall notify the utility in writing and the utility shall file the appropriate report within 30 days.(e) The definition of the \"gas gathering utility\" system described herein shall apply regardless of whether a gas plant is located on the pipeline or pipelines comprising a gas gathering utility system and regardless of ownership of any such gas plant.(f) In determining whether a utility meets the definition of gas gathering utility in subsection (c) of this section, the Commission shall determine if the primary function of the pipeline or pipelines is gathering rather than relying solely on the configuration or location of the facilities comprising the system.(g) This section is made to comply with the orders issued in Gas Utilities Docket Numbers 1, 2, 5, and 6, which orders are hereby incorporated into this section.(h) If a gas utility is unable to meet the deadline for filing an annual report, the utility may request an extension of time to file. The utility shall make such a request in writing filed with Gas Services, and shall state the reason or reasons the utility cannot meet the filing deadline and the date by which the utility will file the annual report. Gas Services will notify the utility of the new deadline, as approved.", "sourceNote": "Source Note: The provisions of this §7.301 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190894", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "C", "label": "RECORDS AND REPORTS; TARIFFS; GAS UTILITY TAX" }, "rule": { "number": "§7.310", "label": "System of Accounts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190895", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in this section, each gas utility, as defined in §7.115 of this title (relating to Definitions), shall utilize the Federal Energy Regulatory Commission's (FERC) Uniform System of Accounts (USOA) prescribed for Natural Gas Companies subject to the Provisions of the Natural Gas Act (as amended from time to time) for all operating and reporting purposes. Gas-gathering utilities, as defined in §7.115 of this title (relating to Definitions), shall not be required to operate under the FERC USOA, but shall be required to report under those accounts for annual report and gas utility tax purposes pursuant to §7.301 of this title (relating to Annual Report) and §7.351 of this title (relating to Gas Utility Tax). The FERC USOA shall be applicable to all gas utility and gas utility related operations regardless of location, except those gas-gathering utilities as defined in this chapter.(b) As provided in General Instruction 3.C. of the FERC USOA, a gas utility may use a different system of account numbers than those prescribed by the FERC USOA if the gas utility maintains a readily available cross-reference between its account numbers and the prescribed account numbers. The contents of each account, however, must conform to the account definitions set forth in the USOA.", "sourceNote": "Source Note: The provisions of this §7.310 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective January 11, 2004, 29 TexReg 360; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190895", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "C", "label": "RECORDS AND REPORTS; TARIFFS; GAS UTILITY TAX" }, "rule": { "number": "§7.315", "label": "Filing of Tariffs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190896", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Filing requirements for all tariffs. Each gas utility shall file with the Commission through the Commission's web site using an electronic format as prescribed by the Commission and the instructions contained in the Electronic Data Interchange (EDI) manual on the Commission's web site a tariff complying with minimum requirements as defined in subsections (c) and (d) of this section for all rates which are within the original or appellate jurisdiction of the Commission and which are currently in force for any gas utility service, product, or commodity. If the rate charged is based on a formula or requires a calculation to determine the unit rate to be charged, the utility shall, in the tariff filing, identify and report all components used in the calculation of the unit rate, including each component of the cost of gas. Each utility providing gas distribution system service or sales shall file, as part of the rates, copies of all rules and regulations relating to or affecting rates, utility service, products, or commodities furnished by the gas utility. Electronic filing instructions may be obtained on the Gas Services page of the Commission's web site.(b) Filing requirements for changes in rates or services. Whenever there is a change in any of the matters required to be filed by subsection (a) of this section, the utility shall file revised tariffs containing the minimum requirements as defined in subsections (c) and (d) of this section. If the rate charged is adjusted pursuant to an escalation provision or formula, the utility shall file an amended tariff that shows the current rate charged, including the unit of measure and the effective date. The utility shall file revised tariffs with Gas Services within 30 days of the effective date of the change.(c) Contents of tariffs. Each tariff filed at the Commission shall contain the following:(1) the utility name;(2) the full name of the customer or city, area, or environs that will be affected by the tariff. If the utility is requesting confidentiality for customer names, the utility shall report only the customer identification number assigned by Gas Services. If a utility does not already have a customer identification number for a tariff, the utility shall notify Gas Services prior to filing the tariff. Gas Services shall assign a customer identification number or numbers and shall notify the utility of the assigned customer identification number or numbers prior to the utility filing the tariff;(3) the utility contract number or rate schedule number;(4) a list of the services the utility provides under the tariff. Service includes but is not limited to residential sales, commercial sales, industrial sales, sales to public authority, electric generation sales, gathering, transportation, compression, exchange, underground storage, sales for resale, city gate sales, and other. If the utility identifies the type of service as \"other,\" the utility shall describe the service or services it offers under the tariff;(5) the effective date of the rate schedule (GSD-1) or the effective date of the original contract or agreement (GSD-2);(6) the effective date of the most recent amendment to the contract, rate schedule, or agreement;(7) the current rate. The utility shall state the billing unit (such as Mcf, MMBtu, Cf, etc.); shall list all charges that may apply under the contract or agreement; shall describe all components used in the calculation of the current rate including but not limited to standby charges, reservation fees, imbalance provisions and charges, penalties, treating provisions, taxes, pooling fees, etc.; and shall state the effective date. A statement on the rate schedule that a particular rate includes certain provisions, without restating all the details or contingencies of the contract, is sufficient. If the rate the utility charges is based on a formula or requires a calculation to determine the unit rate to be charged, the utility shall identify in the tariff all components used in the calculation of the unit rate, including each component of the cost of gas;(8) all rate adjustment provisions;(9) the reason or reasons for filing. The utility shall state whether the filing:(A) commemorates a new contract or agreement;(B) is made in compliance with a Commission order, in which case the filing shall include the Commission docket number;(C) is made in compliance with a city ordinance, in which case the filing shall include the city ordinance number or reference;(D) amends an existing tariff; or(E) is made for any other reason, in which case the utility shall provide an explanation; and(10) the names, titles, addresses, telephone numbers and, if available, the electronic mail addresses of all persons who will respond to inquiries regarding tariff provisions.(d) Additional requirements for specific types of tariffs. In addition to the information required by subsection (a) of this section, the utility shall also provide the following information, as applicable:(1) For a gas utility distribution system service or sale, the utility shall file on GSD-1:(A) all rate schedules. The utility shall include on these schedules the base rates and all adjustments to the base rates, including but not limited to late payment charges, gas cost adjustments, purchased gas adjustments, prompt payment provisions, franchise fees, authorized rate case expense surcharges, and weather normalization adjustments. The utility shall file every rate schedule applicable to the service area as part of the tariff, including any seasonal rates or special rates; and(B) the current service charges in the city, environs, or other area affected by the tariff filing, in sufficient detail to enable customers to determine the applicability of each service charge. The utility shall include all service charges that may be assessed in the city, environs, or other area affected by the tariff filing, including, but not limited to, residential customer deposits, line extension policies and charges, meter testing charges, return check charges, initial connection charges, and reconnection charges.(2) For transportation and exchange service or rates, the utility shall file on GSD-2:(A) the customer name or customer identification number assigned by Gas Services for which the utility is delivering gas;(B) the contractual point or points of redelivery or customer identification number as established by Gas Services;(C) the information required by paragraph (4) of this subsection, if applicable;(3) For utility service or sales, other than distribution system service or sales described in subsection (c) of this section, or for transportation and exchange service or rates, the utility shall file on GSD-2:(A) the term of the contract. The utility shall provide the term specified in the contract. If the contract continues until canceled by either party, the utility may state that the contract is \"evergreen\" or other similar language as appropriate;(B) the contractual point or points of redelivery or customer identification number as established by Gas Services; and(C) the information required by paragraph (4) of this subsection, if applicable.(4) For a tariff reflecting a transaction described in Texas Utilities Code, §104.003(b), the utility shall:(A) indicate which facts support the applicability of Texas Utilities Code, §104.003(b), to the transaction;(B) indicate whether the transaction is between affiliates; and(C) affirm that a true and correct copy of the tariff has been delivered to the customer simultaneously with delivery to the Commission and that the transaction is not a direct sale for resale to a gas distribution utility at a city gate.(e) Compliance. Each tariff filing shall be subject to review by Gas Services. If Gas Services takes no action on a tariff filing on or before the 30th day after the filing is filed, the tariff is deemed accepted. If a tariff filing is deficient, Gas Services will notify the utility of the item or items that must be corrected. The utility shall have a reasonable time, not less than 30 days, from the date of Gas Services' notice of deficiency to make the required corrections and re-file the tariff. At the written request of the utility, Gas Services may accept a rejected tariff as a statement of intent under Texas Utilities Code, §104.102. Gas Services may docket a tariff or rate schedule filing on its own motion under Texas Utilities Code, §104.151, in circumstances that include but are not limited to a utility filing a tariff for an initial rate which on its face is not just and reasonable; filing a tariff for higher environs rates based on city rates without filing a statement of intent to increase rates for the environs; filing a tariff to increase a city gate rate without filing a statement of intent; or filing tariffs containing provisions other than rates that have substantive service rule changes that have not been reviewed.(f) Electronic format. Each utility shall comply with this section by filing or refiling all current tariffs with the Commission through the Commission's web site using an electronic format as prescribed by the Commission and the instructions available on the Commission's web site. The Commission shall not grant exemptions from the requirement that utilities shall file their tariffs in electronic format. Temporary or technical problems with the Commission's web site or with the Internet that prevent a utility from making a timely electronic filing shall not constitute the utility's failure to comply with this section.", "sourceNote": "Source Note: The provisions of this §7.315 adopted to be effective May 12, 2002, 27 TexReg 3758; amended to be effective April 25, 2017, 42 TexReg 2165; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190896", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "C", "label": "RECORDS AND REPORTS; TARIFFS; GAS UTILITY TAX" }, "rule": { "number": "§7.351", "label": "Gas Utility Pipeline Tax" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95761&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95761", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Tax imposed. Every gas utility as described in Texas Utilities Code, §122.001(1), shall report and pay a gas utility tax as required by Texas Utilities Code, Chapter 122. The gas utility tax is imposed on the gross income received from all activity performed by the gas utility in Texas pursuant to Texas Utilities Code, §121.001(a)(2). The rate of the tax is one-half of 1.0% of the gross income subject to the tax.(b) Tax payment. Each gas utility subject to this tax shall report and pay the tax imposed to the Commission by February 20, May 20, August 20, and November 20 of a year for the preceding calendar quarter. The gas utility tax report shall be of a form and content as established by the Commission and shall be properly completed. The Commission shall consider a gas utility tax report and payment timely filed if it is received by Gas Services on or before the applicable date or is sent to Gas Services by first-class United States mail in an envelope or wrapper properly addressed and stamped and postmarked before the deadline and received not more than 10 days later. A legible postmark affixed by the United States Postal Service shall be prima facie evidence of the date of mailing.(c) Gross income and gross receipts.(1) Gross income shall be equal to the total gross receipts from any activity described in Texas Utilities Code, §121.001(a)(2), other than an activity excluded by Texas Utilities Code Chapter 121 from the activities that make a person a gas utility for purposes of that chapter, less a deduction of the costs paid to another person by the gas utility for purchasing, treating, or storing natural gas or for gathering or transporting natural gas to the facilities of the gas utility. Treating shall be any process designed to make gas of pipeline quality.(2) Gross receipts shall be equal to the total revenue received from the sale and/or transportation of gas. Revenue from residential sales, commercial and industrial sales, other sales to public authorities, sales for resale, interdepartmental sales, revenues from transportation of gas of others, revenues from storing gas of others, other gas revenues as they relate to natural gas sales, transportation, and/or treating revenues related to transportation (corresponding to Account Numbers 480, 481, 482, 483, 484, 489.1 through 489.4, and 495 of the Federal Energy Regulatory Commission (FERC) uniform system of accounts), as well as any other applicable revenue items determined by the Commission, shall be subject to the gas utility tax. A distribution gas utility performing transportation for a fee (Account Number 489.3) and/or making sales for resale (Account Number 483) shall be subject to tax on those receipts.(d) Nontaxable receipts. The following revenues shall not be included in the computation of taxable gross income:(1) revenues received from first sales of gas by a producer thereof exclusively. If the sale by a producer of gas includes both produced and purchased gas, then the total revenues from the sale of produced gas shall be exempt from the gas utility tax. However, the total revenues from the sale of purchased gas shall be subject to the tax;(2) revenues received from burnertip sales by a gas utility engaged solely in retail gas distribution;(3) revenues derived from transporting, delivering, selling, or otherwise making available natural gas for fuel, either directly or indirectly, to irrigation wells or from the sale, transportation, or delivery of natural gas for any other direct use in agricultural activities;(4) revenues received from interstate transactions or sales of gas which are subject to the jurisdiction of FERC under the provisions of the Natural Gas Act, 15 United State Code §717 et seq., and the Natural Gas Policy Act, 15 United States Code §3301 et seq.; or(5) revenues received from brokerage or off-system sales.(e) Deductions. To determine taxable gross income, deductions from gross receipts for certain costs incurred are allowed. Deductions may be used to reduce current tax liability to zero. Current deductions may not be carried forward and deducted from gross receipts in the next quarter. Allowable deductions shall be those costs paid to another person associated with natural gas wellhead purchases, natural gas field line purchases, natural gas gasoline plant outlet purchases, natural gas city gate purchases, exchange gas, purchased gas expenses, underground storage expenses, and the transmission and compression of gas by others (corresponding to FERC Account Numbers 800, 801, 802, 803, 804, 806, 807, 813, and 858), and any other applicable expenses as determined by the Commission. The balances of gas withdrawn from storage (corresponding to FERC Account Number 808.1) (debit), and gas delivered to storage (corresponding to FERC Account Number 808.2) (credit) shall be netted. If the net is a debit balance, that balance shall also be deducted from the gross receipts. If the net is a credit balance, that balance shall reduce the allowable deductions.(f) Enforcement and penalties. Each gas utility liable for the gas utility tax shall be subject to the enforcement and penalty provisions set forth in Texas Utilities Code, Chapter 122. A penalty in the amount of 5.0% of the tax due shall be imposed on any person who fails to make a report or pay a tax as required under law. An additional penalty of 5.0% of the tax due shall be imposed on any person who fails to make a report or pay a tax as required before the 30th day after the date the report or tax payment is due. If a person fails to both make the report and pay the tax for a reporting period, only the penalty and additional penalty, as applicable, for failure to make the report is imposed. If the amount of a penalty or additional penalty computed as otherwise provided by this subsection is less than $5.00, the amount of the penalty or additional penalty is $5.00. Any gas utility tax delinquent during the period commencing on or after January 1, 1994, shall draw simple interest, at the rate of 12% per year beginning on the 60th day after the date the tax becomes delinquent until the tax is paid. The tax is considered paid when received by the Commission in accordance with subsection (b) of this section.", "sourceNote": "Source Note: The provisions of this §7.351 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95761&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95761", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "D", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§7.450", "label": "Gas Distribution in Mobile Home Parks, Apartment Houses, and Apartment Units" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208710", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section shall not apply to any mobile home park, apartment house, or apartment unit within a municipality that has a municipal ordinance, charter, franchise agreement, or service rule in substantial compliance with the provisions of this section. Such ordinance, charter, franchise agreement, or service rule shall be subject to review by the Commission upon written complaint by an owner, operator, manager, or mobile home park resident, or resident of an apartment house or unit, that it does not substantially comply with the provisions of this section.(b) Delivery of gas. An owner, operator, or manager of a mobile home park, apartment house, or apartment unit may purchase natural gas through a master meter and deliver that gas through a submeter to an individual mobile home or homes in the park or to apartment units within the apartment house for domestic use by residents or occupants for the purpose of fairly allocating the cost of each unit's gas consumption. The natural gas shall not be delivered, sold, or resold to resident or occupant at a profit. An owner, operator, or manager of a mobile home park, apartment house, or apartment unit may not allocate or charge a resident for common areas, such as laundry or recreational areas, unless the resident's or occupant's unit rate is calculated based on amount of total gas through the master meter.(c) Charges. Any sale or resale made by such owner, operator, or manager shall be based solely on the monthly average cost of gas on a volumetric basis to the owner, operator, or manager and on the amount of usage by the mobile home park resident, or apartment house or apartment unit occupant, plus a submeter fee or surcharge for each bill rendered of not to exceed $3.00 per month. The computation of the average cost of gas shall not include any penalties charged to the owner, operator, or manager for late payment. No other charges shall be made to the mobile home resident, apartment house, or apartment unit occupant in connection with the delivery of natural gas to a submeter. The owner, operator, or manager shall prepare and deliver or send a bill to each mobile home resident, apartment house, or apartment unit occupant. The owner, operator, or manager, by contractual agreement only, may collect reasonable deposits for gas service, returned check fees, and late charges from its tenants. Any change in the initial deposit, fees, or charges shall be approved by the Commission.(d) Recordkeeping. The owner, operator, or manager shall keep adequate records in connection with sales or resales of natural gas to mobile home residents, apartment house, or apartment unit residents. The owner, operator, or manager shall make these records available to the mobile home park, apartment house, or apartment unit during regular business hours. Such records shall include the following:(1) the billings from the supplier of the gas to the owner, operator, or manager of the mobile home park for the current month and the 12 preceding months;(2) the computation of the average cost of gas per month to the owner, operator, or manager for the current month and the 12 preceding months; and(3) all submeter readings and mobile home park residents, apartment house residents, or apartment units residents billings for the current month and the 12 preceding months.(e) Billings. The mobile home park resident's, apartment house resident's, or apartment unit resident's bill shall show all of the following information:(1) the date of submeter reading and the reading on the resident's submeter at the beginning and at the end of the period for which the bill is rendered;(2) the number and kind of units billed;(3) the computer rate per unit billed;(4) the total amount due for gas used;(5) any surcharge, clearly identified;(6) the name and address of the resident to whom the bill is applicable; and(7) the date by which the resident must pay the bill.(f) Enforcement. The records specified in this section shall be subject to inspection and audit by the Railroad Commission of Texas or its agents. Violations shall be subject to enforcement pursuant to Texas Utilities Code, Title 3.", "sourceNote": "Source Note: The provisions of this §7.450 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208710", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "D", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§7.455", "label": "Curtailment Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215686", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Balancing authority--The Electric Reliability Council of Texas or other responsible entity that integrates resource plans ahead of time, maintains electricity demand and resource balance within a balancing authority area, and supports interconnection frequency in real time for a power region in Texas.(2) Commission--The Railroad Commission of Texas.(3) Curtailment event--When a gas utility determines that its ability to deliver gas may become inadequate to support continuous service to firm customers on its system and it reduces deliveries to one or more firm customers. For the purposes of this section, an interruption of delivery or service to interruptible gas customers does not constitute a curtailment event. Prior to reducing deliveries to one or more firm customers, a gas utility interrupts deliveries to interruptible customers pursuant to mutually agreed upon contracts and/or tariffs.(4) Electric generation facilities--Facilities registered with the applicable balancing authority including bulk power system assets, co-generation facilities, distributed generation, and backup power systems.(5) Firm or firm deliveries--Natural gas deliveries that are described as firm under a contract or tariff.(6) Gas utility--An entity that operates a natural gas transmission pipeline system or a local distribution company that is subject to the Commission's jurisdiction as defined in Texas Utilities Code, Title 3.(7) Human needs customers--Residences, hospitals, water and wastewater facilities, police, fire, military and civil defense facilities, and locations where people may congregate in an emergency such as schools and places of worship. A human needs customer also includes small commercial customers that cannot practicably be curtailed without curtailing human needs.(8) Interruptible or interruptible deliveries--Natural gas deliveries that are not described as firm under a contract or tariff.(b) Applicability. This section takes effect on September 1, 2022. This section applies when any gas utility experiences a curtailment event affecting intrastate service on any of its intrastate natural gas pipelines. When a gas utility experiences a curtailment event, the gas utility shall curtail deliveries according to the priorities listed in subsection (c) of this section unless and until the gas utility has an approved curtailment plan pursuant to subsection (d) of this section. The curtailment priorities in this section apply to sales of natural gas owned by a gas utility and/or deliveries utilizing a gas utility's transportation capacity. The priorities in this section do not apply to sales of gas owned by an entity that is not a gas utility. The term \"deliveries\" in this section includes sales and/or transportation service.(c) Priorities.(1) Unless a gas utility has an approved curtailment plan pursuant to subsection (d) of this section, a gas utility shall apply the following priorities in descending order during a curtailment event:(A) firm deliveries to human needs customers and firm deliveries of natural gas to local distribution systems which serve human needs customers;(B) firm deliveries to electric generation facilities;(C) firm deliveries to industrial and commercial users of the minimum natural gas required to prevent physical harm and/or ensure critical safety to the plant facilities, to plant personnel, or the public when such protection cannot be achieved through the use of an alternate fuel;(D) firm deliveries to small industrials and regular commercial loads that use less than 3,000 Mcf per day;(E) firm deliveries to large industrial and commercial users for fuel or as a raw material where an alternate fuel or raw material cannot be used and operation and plant production would be curtailed or shut down completely when natural gas is curtailed;(F) firm deliveries to large industrial and commercial users for fuel or as a raw material where an alternate fuel or raw material can be used and operation and plant production would be curtailed or shut down completely when natural gas is curtailed; and(G) firm deliveries to customers that are not covered by the priorities listed in subparagraphs (A) - (F) of this paragraph.(2) Deliveries to customers within the same priority on the portion of the system which is subject to curtailment shall be curtailed to the extent practicable on a pro rata basis according to scheduled quantities. If a customer's end-use requirements fall under two or more priorities, then such requirements must be treated separately when applying this schedule of priorities to the extent practicable. Transportation customers have equivalent end-use priorities as sales customers.(3) When applying the priorities of this section, a gas utility may rely on the representations of its customers and/or their end users regarding the nature of customers' deliveries.(d) Curtailment plans. Order 489 and any curtailment plan approved by the Commission prior to the effective date of this section is superseded by this section. A gas utility may file its own curtailment plan for approval with the Oversight and Safety Division. A gas utility shall follow the priorities listed in subsection (c) of this section unless and until the gas utility has an approved curtailment plan on file with the Commission. The first three priorities in any individual curtailment plan must be consistent with the first three priorities listed in subsection (c)(1)(A) - (C) and (2) of this section. A gas utility shall provide to its customers notice of an application for a curtailment plan. A gas utility shall provide notice on the same day the gas utility files its application with the Commission. The gas utility may provide notice by hand delivery, by first class, certified, registered mail, commercial delivery service, electronic methods, or by such other manner as the Commission may require. The notice shall be in the form prescribed by the Commission. The Oversight and Safety Division may administratively approve the curtailment plan if no request for hearing is filed within thirty days of such notice. The Commission shall set the matter for hearing if it receives a timely request for hearing from a customer of the gas utility.(e) Required tariff filings. Within 90 days of the effective date of this section, each gas utility shall electronically file with the Commission, in the manner prescribed by the Commission, tariffs that shall include either:(1) the curtailment priorities as specified in this section; or(2) a curtailment plan approved by the Commission as specified in subsection (d) of this section.(f) Curtailment emergency contact information. Each gas utility shall maintain current curtailment emergency contact information with the Commission and shall submit curtailment emergency contact information on or before November 1 of each year.", "sourceNote": "Source Note: The provisions of this §7.455 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997; amended to be effective September 1, 2022, 47 TexReg 2516." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215686", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "D", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§7.460", "label": "Suspension of Gas Utility Service Disconnection During an Extreme Weather Emergency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190899", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability and scope. This rule applies to gas utilities, as defined in Texas Utilities Code, §101.003(7) and §121.001, and to owners, operators, and managers of mobile home parks or apartment houses who purchase natural gas through a master meter for delivery to a dwelling unit in a mobile home park or apartment house, pursuant to Texas Utilities Code, §§124.001-124.002, within the jurisdiction of the Railroad Commission pursuant to Texas Utilities Code, §102.001. For purposes of this section, all such gas utilities and owners, operators and managers of master meter systems shall be referred to as \"providers.\" Providers shall comply with the following service standards. A gas distribution utility shall file amended service rules incorporating these standards with the Railroad Commission in the manner prescribed by law.(b) Disconnection prohibited. Except where there is a known dangerous condition or a use of natural gas service in a manner that is dangerous or unreasonably interferes with service to others, a provider shall not disconnect natural gas service in the following circumstances. (1) A provider shall not disconnect a delinquent residential customer during an extreme weather emergency. An extreme weather emergency means a day when the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Station for the county where the customer takes service. (2) A provider shall not disconnect a delinquent residential customer for a billing period in which the provider receives a written pledge, letter of intent, purchase order, or other written notification from an energy assistance provider that it is forwarding sufficient payment to continue service.(3) A provider shall not disconnect a delinquent residential customer on a weekend day, unless personnel or agents of the provider are available for the purpose of receiving payment or making collections and reconnecting service.(c) Payment plans. Providers shall defer collection of the full payment of bills that are due during an extreme weather emergency until after the emergency is over, and shall work with customers to establish a payment schedule for deferred bills as set forth in §7.45 of this title (relating to Quality of Service). (d) Notice. Beginning in the September or October billing periods utilities and owners, operators, or managers of master metered systems shall give notice as follows:(1) Each utility shall provide a copy of this rule to the social services agencies that distribute funds from the Low Income Home Energy Assistance Program within the utility's service area.(2) Each utility shall provide a copy of this rule to any other social service agency of which the provider is aware that provides financial assistance to low income customers in the utility's service area.(3) Each utility shall provide a copy of this rule to all residential customers of the utility and customers who are owners, operators, or managers of master metered systems.(4) Owners, operators, or managers of master metered systems shall provide a copy of this rule to all of their customers.(e) In addition to the minimum standards specified in this section, providers may adopt additional or alternative requirements if the provider files a tariff with the Commission pursuant to §7.315 of this title (relating to Filing of Tariffs). The Commission shall review the tariff to ensure that at least the minimum standards of this section are met.(f) In accordance with Texas Utilities Code §105.023, the Office of the Attorney General of Texas on its own initiative or at the request of the Commission may file suit to recover a civil penalty for a violation of subsection (b)(1) or (c) of this section. The table in this subsection contains a classification system to be used by a court when such a suit is filed. Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.460 adopted to be effective May 12, 2002, 27 TexReg 3769; amended to be effective May 14, 2018, 43 TexReg 2997; amended to be effective December 5, 2023, 48 TexReg 7044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190899", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "D", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§7.465", "label": "Abandonment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Service to a local distribution company or city gate customer. A gas utility shall obtain written Commission approval prior to the abandonment or permanent discontinuance of service to any local distribution company or city gate customer that involves the removal or abandonment of facilities other than a meter.(1) Except in pipeline safety emergencies, the gas utility shall file an application to abandon or permanently discontinue service to a local distribution company or city gate customer with the Director at least 60 days prior to the proposed effective date of the proposed abandonment or permanent discontinuance of service. In addition to the information required in §1.32 of this title (relating to Form and Content of Pleadings), the application shall state the following:(A) the number of affected customers in each class;(B) the names and addresses of the local distribution company or city gate customer affected;(C) the specific reasons for the proposed abandonment or permanent discontinuance of service;(D) a description, age, and condition of the pipeline or plant that the gas utility proposes to abandon or through which it proposes to permanently discontinue service;(E) the revenue from and cost to continue the existing service to the affected local distribution company or city gate customers;(F) all reasonable alternative energy sources available to the affected local distribution company or city gate customers, and the cost of such energy sources on an MMBtu equivalent basis;(G) the cost per customer of each conversion to available alternative energy sources;(H) any previous notice provided by the utility to the affected local distribution company or city gate customer;(I) a statement that the application is subject to Commission approval; and(J) a statement of the affected local distribution company or city gate customer's right to intervene in the application.(2) The gas utility shall send a copy of the application to the affected local distribution company or the affected city gate customer on the same day that the gas utility files the application to abandon or discontinue service with the Director.(A) If a person files a statement of intent to participate or motion to intervene with the Commission within 30 days from the date of the filing of the application, and the Commission grants party status, the Commission shall hold a formal hearing within 60 days following the date on which the application is filed.(B) If the Commission does not receive and grant a timely-filed statement of intent to participate or intervention pleading, then the Director shall act administratively on the application to abandon or permanently discontinue service within 45 days following the date on which the gas utility filed the application and shall notify all affected customers in writing of the decision. If the Director denies the application administratively, the gas utility, within 30 days of the date the Director administratively denies an application to abandon or permanently discontinue service, may request that a formal hearing be held within 60 days following the date on which the Director denies the application.(3) If upon the granting of the application to abandon or permanently discontinue service the local distribution company would no longer provide service to any residential or commercial customer because of such abandonment, then the local distribution company shall file an application to abandon or permanently discontinue service under subsection (b) of this section.(4) The Director shall have the authority to act administratively on abandonment or permanent discontinuance applications that satisfy the conditions of this subsection.(5) Temporary termination of service due to a pipeline safety emergency shall not be considered to be abandonment or permanent discontinuance of service under the terms of this section. If the gas utility determines not to resume service as a result of a pipeline safety emergency, then the gas utility shall file an application under this section within 30 days of the temporary termination of service.(6) The gas utility shall have the burden of proof to show that the proposed abandonment or permanent discontinuance of service is reasonable and necessary and is not contrary to the public interest. The Commission shall consider the following conditions when making a determination regarding an application for abandonment or permanent discontinuance of service:(A) whether continued service is no longer economically viable for the gas utility;(B) whether the potentially abandoned customers have any alternatives, how many, and at what cost;(C) whether any customer has made investments or capital expenditures in reliance on continued availability of natural gas, where use of an alternative energy source is not viable;(D) whether the utility has failed to properly maintain the facilities proposed for abandonment, rendering them unsalvageable due to neglect; and(E) any other considerations affecting the potentially abandoned customers.(b) Service to residential and commercial customers. A gas utility shall obtain written Commission approval prior to the abandonment or permanent discontinuance of service to any residential or commercial customer that involves the removal or abandonment of facilities other than a meter. This subsection shall not apply to discontinuance of service to residential or commercial customers for any of the reasons set forth in Subchapter D of this chapter (relating to Customer Service and Protection).(1) Except in pipeline safety emergencies, the gas utility shall file an application to abandon or permanently discontinue service with the Director at least 60 days prior to the proposed effective date of the proposed abandonment or permanent discontinuance of service to any residential or commercial customer involving the removal or abandonment of facilities other than a meter. In addition to the information required in §1.32 of this title, the application shall state the following:(A) the number of directly affected customers in each class of service;(B) the names and addresses of all directly affected customers;(C) the specific reasons for the proposed abandonment or permanent discontinuance of service;(D) a description, age, and condition of the pipeline or plant that the gas utility proposes to abandon or through which it proposes to permanently discontinue service;(E) the revenue from and cost to continue the existing service to the directly affected customers;(F) all reasonable alternative energy sources available to the directly affected customers, and the cost of such energy sources on an MMBtu equivalent basis;(G) the cost per customer of each conversion to available alternative energy sources;(H) the terms of any agreements with, or offers, including qualifying offers, to, directly affected customers by the gas utility for the conversion of customers' appliances to enable the use of alternative energy sources;(I) copies of any consents to abandonment or permanent discontinuance obtained by the utility from directly affected customers;(J) any previous notice provided by the utility to the directly affected customer;(K) a statement that the application is subject to Commission approval; and(L) a statement of the directly affected customer's right to protest the application and the procedure for filing such a protest.(2) The gas utility shall send a copy of the application to all directly affected customers on the same day that the gas utility files the application to abandon or permanently discontinue service with the Director.(A) If any of the directly affected customers files a protest within 30 days following the date on which the application is filed, the Commission shall hold a formal hearing within 60 days following the date on which the application is filed.(B) If all of the directly affected customers have not consented to the abandonment or permanent discontinuance of service and if the gas utility has not given all of the directly affected customers a qualifying offer, as defined in §7.115 of this title (relating to Definitions), but none of the directly affected customers files a protest within 30 days following the date on which the application is filed, the Director shall act administratively on the application within 45 days following the date on which the application is filed and shall notify all directly affected customers in writing of the decision. The Director may seek additional information from the directly affected customers to determine whether they have received adequate information regarding the consequences of the proposed abandonment. If the Director denies the application administratively, the gas utility, within 30 days of the date the Director administratively denies an application to abandon or permanently discontinue service, may request that a formal hearing be held within 60 days following the date on which the Director denies the application.(C) The Director shall act administratively on the application within 30 days following the date on which the gas utility files the application if either:(i) all of the directly affected customers consent to the abandonment or permanent discontinuance of service and none of the directly affected customers files a protest within 15 days following the date on which the gas utility files the application; or(ii) the gas utility has given all of the directly affected customers a qualifying offer, as defined in §7.115 of this title (relating to Definitions) and none of the directly affected customers files a protest within 15 days following the date on which the gas utility files the application. If the Director denies the application administratively, the gas utility may request that a formal hearing be held within 60 days following the request for a hearing. The gas utility shall file any request for a formal hearing within 30 days of the date the Director administratively denies an application to abandon or permanently discontinue service.(3) The Director shall have the authority to act administratively on abandonment or permanent discontinuance applications that satisfy the conditions of this subsection.(4) Temporary termination of service due to a pipeline safety emergency shall not be considered to be abandonment or permanent discontinuance of service under the terms of this section. If the gas utility determines not to resume service as a result of a pipeline safety emergency, then the gas utility shall file an application under this section within 30 days of the temporary termination of service.(5) The gas utility shall have the burden of proof to show that the proposed abandonment or permanent discontinuance of service is reasonable and necessary and is not contrary to the public interest. The Commission shall consider the following conditions when making a determination regarding an application for abandonment or permanent discontinuance of service:(A) whether continued service is no longer economically viable for the gas utility;(B) whether the potentially abandoned customers have any alternatives, how many, and at what cost;(C) whether any customer has made investments or capital expenditures in reliance on continued availability of natural gas, where use of an alternative energy source is not viable;(D) whether the utility has failed to properly maintain the facilities proposed for abandonment, rendering them unsalvageable due to neglect; and(E) any other considerations affecting the potentially abandoned customers.", "sourceNote": "Source Note: The provisions of this §7.465 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190900", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "D", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§7.470", "label": "Natural Gas Bill Payment by the State or a State Agency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190901", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement requirements in Texas Utilities Code, §104.255.(b) Definitions. The terms \"payment,\" \"service,\" and \"state agency,\" when used in this section, have the meanings given in Texas Government Code, §2251.001. The terms \"gas utility\" and \"municipally owned utility\" have the meanings given in Texas Utilities Code, §101.003.(c) Payment requirements. For natural gas utility service provided by a gas utility or by a municipally owned utility to the state or a state agency, the payer and payee must comply with Texas Government Code, Chapter 2251, and with 34 Texas Administrative Code §§20.481, 20.487, and 20.488 (relating to Definitions; Invoicing Standards; and Payments). In addition, the following provisions apply to gas utilities and municipally owned utilities:(1) Gas utilities and municipally owned utilities are prohibited from billing the state or a state agency for a service before the service is provided.(2) A gas utility or a municipally owned utility may enter into an agreement with the state or a state agency to establish a level or average monthly billing plan only if the billing plan includes a provision for quarterly reconciliation of the leveled or averaged bills.", "sourceNote": "Source Note: The provisions of this §7.470 adopted to be effective October 4, 2010, 35 TexReg 8903; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190901", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "D", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§7.475", "label": "Municipality Contact Information for Notice of Disconnection for Non-Payment for Non-submetered Master Metered Multifamily Properties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A municipality entitled to receive notice of service disconnections for non-payment for non-submetered master metered multifamily properties pursuant to Texas Utilities Code, §104.352, may provide the Commission with the contact information of the municipality's authorized representative designated to receive such notice.(b) A municipality shall provide its authorized representative's contact information by mail to Director, Oversight and Safety Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967, or through any other method as indicated on the Commission's website.(c) The Commission shall make the municipalities' contact information available to the public.", "sourceNote": "Source Note: The provisions of this §7.475 adopted to be effective April 14, 2014, 39 TexReg 2846; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "D", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§7.480", "label": "Energy Conservation Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95750", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Energy conservation program authority. A local distribution company may offer to residential and commercial customers and prospective residential and commercial customers and provide to those customers an energy conservation program pursuant to this section and Texas Utilities Code, §§104.401-104.403. The Commission has exclusive original jurisdiction over energy conservation programs implemented by local distribution companies. A political subdivision served by a local distribution company that implements an energy conservation program approved by the Commission pursuant to this section shall not limit, restrict, or otherwise prevent an eligible customer from participating in the energy conservation program based on the type or source of energy delivered to its customers.(b) Definitions.(1) Administrative costs--All prudently incurred costs of creating, managing, and administering an ECP portfolio.(2) Director--The Director of the Gas Services Department of the Oversight and Safety Division or the Director's delegate.(3) Energy conservation program (ECP)--A particular program that promotes energy conservation or energy efficiency.(4) ECP portfolio--The entire group of energy conservation programs offered to a service area by a local distribution company as described in subsection (f) of this section. The portfolio may consist of one or more programs.(5) ECP rate--The energy conservation program rate approved by the Commission in the form of a monthly volumetric charge designed to recover an LDC's authorized administrative and portfolio costs.(6) Gas Services--The Gas Services Department of the Oversight and Safety Division of the Commission.(7) Local distribution company (LDC)--An investor-owned gas utility that operates a retail gas distribution system.(8) Portfolio costs--All prudently incurred non-administrative costs that an LDC seeks to recover through the ECP rate to implement and deliver an ECP portfolio to customers and prospective customers, including but not limited to research and development costs, payment of rebates, material costs, the costs associated with installation and removal of replaced materials and/or equipment, and the cost of education and customer awareness materials related to conservation or efficiency.(9) Portfolio term--The term during which an approved ECP portfolio will be in effect.(10) Program year--The 12-month period beginning the first day of the month following the Commission's approval of the ECP portfolio.(11) Research and development costs--The costs prudently incurred by an LDC to conduct market and engineering studies for the feasibility and design of potential ECPs. Research and development costs cannot exceed 5% of portfolio costs.(c) General requirements.(1) An LDC may recover costs of an ECP portfolio if the ECP portfolio is approved by the Commission pursuant to this section and the LDC implements the approved ECP portfolio. An LDC seeking to implement an ECP portfolio shall apply with Gas Services and receive a final order from the Commission before beginning to recover the approved costs of the ECP portfolio.(2) An LDC applying for an ECP portfolio shall submit an application for each service area in which it seeks to implement an ECP.(3) If the Commission approves the LDC's application or approves the application with modifications, the LDC may recover costs to implement the ECP portfolio, including costs incurred to design, market, implement, administer, and deliver the ECP portfolio. Any costs included in an ECP portfolio approved by the Commission shall be fully subject to review by the Commission for reasonableness and prudence during the LDC's next statement of intent rate proceeding. The LDC shall include support for this determination in its next statement of intent application. ECP costs that are imprudent or recovered from customers without approval of the Commission are subject to refund as determined by the Commission.(d) Contents of application. An LDC may apply for approval of an ECP portfolio by submitting an application to Gas Services.(1) Initial ECP portfolio application. An initial application for approval of an ECP portfolio shall include:(A) a description of any existing energy conservation programs offered by the LDC in the applicable service area prior to the effective date of this section;(B) a list and detailed description of each proposed ECP;(C) the objectives for each proposed ECP;(D) the proposed per-program year portfolio costs for each ECP and the ECP portfolio;(E) the proposed per-program year administrative costs for each ECP and the ECP portfolio;(F) the proposed per-program year amount and proportion of ECP portfolio costs and administrative costs to be funded by customers;(G) the proposed per-program year amount and proportion of ECP portfolio costs and administrative costs to be funded by shareholders;(H) the projected annual consumption reduction per customer class for each ECP and the ECP portfolio;(I) the projected annual net cost savings per customer class for each ECP and the ECP portfolio;(J) a copy of the notice to customers and an affidavit stating the method of notice and the date or dates on which the notice was given;(K) copies of written correspondence received by the LDC in response to the notice;(L) copies of any proposed advertisements or promotional materials that the LDC intends to distribute to customers if an ECP portfolio is approved;(M) copies of the proposed ECP rate schedule or schedules;(N) calculation of the proposed ECP rate;(O) normalized historical annual volumes per customer class;(P) projected volumes for the upcoming program year per customer class;(Q) any other information that supports determination of the ECP rate; and(R) the name of the LDC's representative, business address, telephone number, and email address.(2) Subsequent ECP portfolio application. An LDC shall re-apply for approval of its ECP portfolio in accordance with this paragraph. A subsequent application shall be filed 45 days following the end of the ECP portfolio's second program year. A subsequent application for approval of an ECP portfolio shall include:(A) a list and detailed description of each proposed ECP;(B) the objectives for each ECP;(C) the proposed per-program year portfolio costs for each ECP and the ECP portfolio;(D) the proposed per-program year administrative costs for each ECP and the ECP portfolio;(E) the actual historical per-program year portfolio costs for each ECP and the ECP portfolio;(F) the actual historical per-program year administrative costs for each ECP and the ECP portfolio;(G) the historical and proposed per-program year amount and proportion of ECP portfolio costs and administrative costs to be funded by customers;(H) the historical and proposed per-program year amount and proportion of ECP portfolio costs and administrative costs to be funded by shareholders;(I) the projected per-program year consumption reduction per customer class for each ECP and the ECP portfolio over the new portfolio term and the actual historical per-program year consumption reduction per customer class for each ECP and the ECP portfolio over the previous portfolio term;(J) the projected per-program year net cost savings per customer class for each ECP and the ECP portfolio over the new portfolio term and the actual historical per-program year cost savings per customer class for each ECP and the ECP portfolio over the previous portfolio term;(K) copies of any proposed advertisements or promotional materials that the LDC intends to distribute to customers if the ECP portfolio is approved;(L) copies of the proposed rate schedule or schedules;(M) calculation of the proposed ECP rate;(N) normalized historical annual volumes per customer class;(O) projected volumes for the upcoming program year per customer class;(P) any other information that supports determination of the ECP rate; and(Q) the name of the LDC's representative, business address, telephone number, and email address.(3) Notice of subsequent application. If in the subsequent application the LDC proposes a new ECP or proposes changes to an existing ECP such that costs to customers increase, the LDC shall provide notice in accordance with subsection (e) of this section and include in its subsequent application the documents required by paragraph (1)(J) and (K) of this subsection.(4) Addition of new programs to existing ECP portfolio. An initial or subsequent application may contain information on one or more ECPs. If an LDC proposes to add a new ECP to its portfolio after approval of its initial application, the LDC shall propose the new ECP in its subsequent application and include the information required by paragraph (1) of this subsection for the proposed new ECP.(e) Notice and promotional materials.(1) Notice. An LDC shall print the notice of its application for an ECP portfolio in type large enough for easy reading. The notice shall be the only information contained on the piece of paper on which it is written or in the emailed notice if applicable. An LDC may give the notice required by this section either by separate mailing or by otherwise delivering the notice with its billing statements. Notice may be provided by email if the customer to receive the notice has consented to receive notices by email. Notice by mail shall be presumed to be complete three days after the date of deposit of the paper upon which it is written, enclosed in a postage-paid, properly addressed wrapper, in a post office or official depository under the care of the United States Postal Service. The notice shall be provided in English and Spanish. The notice to customers shall include the following information:(A) a description of each ECP in its proposed portfolio;(B) the effect the proposed ECP portfolio is expected to have on the rates applicable to each affected customer class and on an average bill with and without gas cost for each affected customer class;(C) the service area in which the proposed ECP portfolio would apply;(D) the date the proposed ECP portfolio application was or will be filed with the Commission;(E) the LDC's address, telephone number, and web address of the specific webpage on which the ECP portfolio application may be obtained; and(F) a statement that any affected person may file written comments concerning a proposed ECP portfolio with Gas Services by email to MOS@rrc.texas.gov and to an email address for the LDC included in its notice.(2) Promotional materials. Any ECP program or portfolio promotional materials shall be provided to customers in English and Spanish.(f) Portfolio. An ECP portfolio:(1) shall be designed to overcome barriers to the adoption of energy-efficient equipment, technologies, and processes, and be designed to change customer behavior as necessary; and(2) may include measures such as:(A) direct financial incentives;(B) technical assistance and information, including building energy performance analyses performed by the LDC or a third party approved by the LDC;(C) discounts or rebates for products; and(D) weatherization for low-income customers.(g) Cost recovery mechanism. The application for approval of an ECP portfolio shall include a proposed ECP rate. Cost recovery shall be limited to the incremental costs of providing an ECP portfolio that are not already included in the then-current cost of service rates of the LDC. Administrative costs in excess of 15% of the portfolio costs shall not be included in the ECP rate or recovered from customers in any way. The cost recovery mechanism applies to both initial and subsequent ECP applications.(1) A separate ECP rate shall be calculated for each customer class in accordance with the following formula: ECP rate = (CCR per Class + BA per Class)/Projected Volume per Class per Program Year, where:(A) CCR, Current Cost Recovery, is all projected costs attributable to the LDC's energy conservation portfolio for the program year;(B) BA, Balance Adjustment, is the computed difference between CCR collections by class and expenditures by class, including the pro-rata share of common administrative costs for each class for the program year and collection of the over/under recovery during the prior program year; and(C) Class is the customer class to which the ECP rate will apply.(2) An ECP rate may not exceed $0.20/Mcf for the residential customer class and $0.20/Mcf for the commercial customer class.(3) Upon the Commission's approval of the ECP rate, the LDC shall update its residential and commercial ECP rate schedules to reflect the approved ECP rate.(h) Procedure for review. The Director of Gas Services shall ensure that applications for ECP portfolios are reviewed for compliance with the requirements of Texas Utilities Code, §§104.401-104.403 and this section. Upon completion of the review, Gas Services will prepare a written recommendation, which shall be provided to the applicant LDC. The written recommendation shall be provided to the applicant LDC within 120 days of the date the application is filed with Gas Services.(1) The recommendation may include:(A) approval of the application for an ECP portfolio as filed;(B) approval of the application for an ECP portfolio with modifications; or(C) rejection of the application for an ECP portfolio.(2) The recommendation shall be submitted to the Commission for decision at a scheduled open meeting.(3) If the Commission approves an ECP portfolio application at an open meeting, the LDC shall file the applicable ECP rate schedules in accordance with subsection (i) of this section.(4) Previous ECP rates shall remain in effect while an annual report or a subsequent ECP portfolio application is under review.(5) Previous ECP rates shall cease to be in effect 30 days after an LDC fails to meet a required filing deadline.(6) Neither the review of an ECP portfolio application nor the review of a proposed ECP rate or rate schedule is a ratemaking proceeding for the purposes of Texas Utilities Code § 103.022.(i) Rate schedules. The LDC shall include proposed rate schedules with its initial application, each subsequent application, and each annual report for an ECP portfolio. Each ECP rate schedule shall be made on a form approved by the Commission and made available on the Commission's website. If the LDC's proposed ECP portfolio is approved by the Commission, the approved rate schedules shall be electronically filed by the LDC in accordance with §7.315 of this title (relating to Filing of Tariffs). If an ECP rate is adjusted in an annual report filing, the LDC shall also file an adjusted rate schedule. An ECP rate approved by the Commission at an open meeting and implemented by the LDC or adjusted in an annual report filing pursuant to subsection (j) of this section shall be subject to refund unless and until the rate schedules are electronically filed and accepted by Gas Services in accordance with §7.315 of this title and reviewed for prudence and reasonableness in a subsequent statement of intent rate proceeding.(j) ECP annual report.(1) An LDC implementing an approved ECP portfolio pursuant to this section shall file an ECP annual report with the Commission. The report shall be filed each year an approved ECP portfolio is implemented and shall be filed no later than 45 days following the end of the LDC's program year. The ECP annual report shall be in the format prescribed by the Commission and shall include the following:(A) an overview of the LDC's ECP portfolio;(B) a description of each ECP offered under the portfolio that includes the program's performance for the program year, including any evaluation of cost-effectiveness, actual program expenditures, and program results;(C) the LDC's planned ECPs for the upcoming program year;(D) for each applicable customer class, rate schedules detailing program expenditures for the program year, actual amounts collected for the program year, and the calculation of the adjusted ECP rate;(E) the number of customers participating in each ECP per customer class per the applicable program year;(F) normalized historical annual volumes per customer class per the applicable program year; and(G) projected volumes for the upcoming program year per customer class.(2) In its annual report, an LDC shall include an ECP rate adjustment request if applicable. A separately adjusted ECP rate shall be calculated for each customer class in accordance with the formula described in subsection (g) of this section. The rate adjustment request shall adjust the ECP rates then in effect to:(A) true up the difference between the program costs and actual amounts collected through the ECP rates in effect during the previous program year; and(B) account for any changes to the proposed ECP costs and projected recovery.(3) The LDC shall not implement any adjusted ECP rates until 30 days after submitting the annual report.(4) Each annual report filed with the Commission shall be made available on the LDC's website.(k) Reimbursement. An LDC implementing an approved ECP portfolio pursuant to this section shall reimburse the Commission for the LDC's share of the Commission's estimated costs related to administration of reviewing and approving or denying cost recovery applications under this section. The Director shall estimate the LDC's share of the Commission's annual costs related to the processing of such applications. The LDC shall reimburse the Commission for the amount so determined within 30 days after receipt of notice of the amount of the reimbursement.", "sourceNote": "Source Note: The provisions of this §7.480 adopted to be effective April 8, 2024, 49 TexReg 2177." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95750", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "E", "label": "RATES AND RATE-SETTING PROCEDURES" }, "rule": { "number": "§7.501", "label": "Certain Matters to be Submitted in Rate Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95748", "queryAsDate": "03/11/2026" }, "ruleBody": "In any rate-setting hearing not expressly limited to the consideration of certain issues, the gas utility shall present, in addition to any other matters required or permitted to be presented, evidence on the following:(1) all profits or losses resulting from the sale or lease of appliances, fixtures, equipment, or other merchandise; and the extent, if any, to which the profit or loss on such merchandise is integral to the provision of natural gas and natural gas service;(2) the amount of any income tax savings or deferrals derived from the application of such methods as liberalized depreciation or amortization;(3) the amount of any investment tax credit taken since 1971 on the property in question in the proceeding, stated according to the year in which it was taken; the original cost and depreciable life of any property on which any investment tax credit was taken, stated according to the year of acquisition; and whether the utility has made an election pursuant to 26 United States Code §46(e)(1);(4) a statement of all payments of compensation (other than salary or wages subject to withholding of federal income tax) to residents of Texas, or with respect to legal or administrative matters in Texas, or for representation before the Texas Legislature or any governmental agency or body. This statement shall include the actual expense for the test year, with any adjustments for known changes, and the actual expenses for the last odd-numbered calendar year;(5) a statement of the total amount expended during the test year for legislative advocacy, with any adjustments for known changes, and the actual amount of any such expenses for the last odd-numbered year; and(6) the amounts expended during the test year, with the corresponding amount for each, for business gifts, entertainment, charitable or civic contributions; institutional advertising; conservational advertising; consumption-inducing advertising; and other advertising.", "sourceNote": "Source Note: The provisions of this §7.501 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95748", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "E", "label": "RATES AND RATE-SETTING PROCEDURES" }, "rule": { "number": "§7.503", "label": "Evidentiary Treatment of Uncontroverted Books and Records of Gas Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95749", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In any proceeding before the Commission involving a gas utility that keeps its books and records in accordance with Commission rules, the amounts shown on its books and records as well as summaries and excerpts therefrom shall be considered prima facie evidence of the amount of investment or expense reflected when introduced into evidence, and such amounts shall be presumed to have been reasonably and necessarily incurred; provided, however, that if any evidence is introduced that an investment or expense item has been unreasonably incurred, then the presumption as to that specific investment or expense item shall no longer exist and the gas utility shall have the burden of introducing probative evidence that the challenged item has been reasonably and necessarily incurred. The gas utility shall be given a reasonable opportunity to prepare and present such additional evidence relevant to the reasonableness or necessity of any item so challenged. This section shall apply to the books and records of an affiliate of a gas utility engaged in a transaction with the gas utility as described in the Texas Utilities Code, §102.104.(b) Nothing in this section shall prevent the examiner or any commissioner from requiring the gas utility to provide additional information to support any specific record, fact, or argument at any time, whether or not such was put in issue at the hearing.", "sourceNote": "Source Note: The provisions of this §7.503 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95749", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "E", "label": "RATES AND RATE-SETTING PROCEDURES" }, "rule": { "number": "§7.5212", "label": "Construction Work in Progress" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190902", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A utility may be permitted to include CWIP in its rate base only where necessary to the financial integrity of the utility. CWIP shall be deemed necessary to the financial integrity of a utility only where shown by clear and convincing evidence that its inclusion is necessary in order to maintain a sufficient financial liquidity so as to meet all capital obligations and to allow the utility to raise needed capital or is necessary to prevent the impairment of a utility's service. A mere averment or demonstration that exclusion of CWIP would result in an increase in the cost of funds to the utility or general assertions that the financial integrity of the utility would be impaired shall not be deemed sufficient to permit such inclusion.(b) A utility permitted to include CWIP pursuant to this section shall utilize as a rate base amount the expenditures for such projects as are reflected on its books as of the test year. The amount shall be determined in a manner consistent with the calculation of other rate base information to reflect a uniform treatment of the test year items.", "sourceNote": "Source Note: The provisions of this §7.5212 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190902", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "E", "label": "RATES AND RATE-SETTING PROCEDURES" }, "rule": { "number": "§7.5213", "label": "Allowance for Funds Used During Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95738", "queryAsDate": "03/11/2026" }, "ruleBody": "A utility may be permitted, subject to any revenue adjustment required, to include AFUDC related to a project in its rate base in rate proceedings after completion of the project. If, pursuant to this section, a utility is permitted to include CWIP related to a project in its rate base, only that AFUDC accruing prior to such inclusion shall be permitted.", "sourceNote": "Source Note: The provisions of this §7.5213 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95738", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "E", "label": "RATES AND RATE-SETTING PROCEDURES" }, "rule": { "number": "§7.5252", "label": "Depreciation and Allocations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95743", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Book depreciation and amortization for ratemaking purposes shall be computed on a straight-line basis over the useful life expectancy of the item of property or facility in question.(b) In any rate proceeding where items of plant, revenues, expenses, taxes, or reserves are shared by or are common to the service area in question and any other service area, these items shall be allocated to fairly and justly apportion them between the area in question and any other service area of the utility.(c) In any rate proceeding involving a gas utility that engages in both utility and nonutility activities, all items of plant, revenues, expenses, taxes, and reserves shall be allocated to fairly and justly apportion them between the utility operations and the nonutility operations. No items of plant, revenues, expenses, taxes, or reserves allocable to nonutility operations shall be included in any figures used to arrive at any rate to be charged by a gas utility for utility service, unless clearly shown to be integral to utility operations.", "sourceNote": "Source Note: The provisions of this §7.5252 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95743", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "E", "label": "RATES AND RATE-SETTING PROCEDURES" }, "rule": { "number": "§7.5414", "label": "Advertising, Contributions, and Donations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95744", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Actual expenditures for advertising shall be allowed as a cost of service for ratemaking purposes provided that the total sum of such expenditures shall not exceed one-half of 1.0% of the gross receipts of the utility for utility services rendered in the public except as provided in this section.(b) No expenditure for the following special items shall be allowed as a cost of service for ratemaking purposes:(1) funds spent for advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance, including funds spent to mail any such information;(2) funds expended in support of or membership in social, recreational, fraternal, or religious clubs or organizations; or(3) funds expended for contributions and donations to charitable, religious, or other nonprofit organizations or institutions.(c) The limitations set forth in subsections (a) and (b) of this section shall not limit the following:(1) advertising which informs natural gas consumers how they can conserve natural gas or can reduce peak demand for natural gas;(2) advertising required by law or regulation, including advertising required under Part I of Title II of the National Energy Conservation Policy Act;(3) advertising regarding service interruptions, safety measures, or emergency conditions;(4) advertising concerning employment opportunities with such utility; or(5) any explanation of existing or proposed rate schedules, or notifications of hearings thereon.", "sourceNote": "Source Note: The provisions of this §7.5414 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95744", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "E", "label": "RATES AND RATE-SETTING PROCEDURES" }, "rule": { "number": "§7.5519", "label": "Gas Cost Recovery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95735", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each gas utility subject to the original jurisdiction or which becomes subject to the appellate jurisdiction of the Commission may include a purchased gas adjustment clause in its rates to provide for the flow-through of part or all of its gas costs above or below the cost of gas contained in its rates, subject to proof, by a preponderance of the evidence, of certain criteria. Criteria to be used by the Commission in determining whether or not to grant a gas utility a purchased gas adjustment clause as well as the percentage thereof shall include but not be limited to:(1) the ability of the gas utility to control prices for gas purchased as affected by competition and relative competitive advantage;(2) the probability of continued frequent price changes; and(3) the availability of alternate gas supply sources.(b) This section shall be applied prospectively only to rate cases filed and only after notice and hearing pursuant to the Texas Utilities Code, Title 3. The gas utility shall have the burden of proof regarding the necessity, if any, of a purchased gas adjustment clause and any amount of adjustment. This section shall not impair the rights of existing contract gas customers in any manner except as otherwise provided by law.(c) The Commission shall determine in each case the necessary reporting, filing, and other procedures to be followed by a gas utility in implementing a purchased gas adjustment clause, if any, as well as other items of expense that fluctuate with gas costs which may be included in such a clause.", "sourceNote": "Source Note: The provisions of this §7.5519 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95735", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "E", "label": "RATES AND RATE-SETTING PROCEDURES" }, "rule": { "number": "§7.5525", "label": "Lost and Unaccounted for Gas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170988", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All lost and unaccounted for gas shall be presumed to be lost gas unless the portion represented by unaccounted for gas, including but not limited to losses to company used gas, liquids extraction, and meter errors due to inaccurate calibration or temperature and pressure fluctuations, is proven by a preponderance of the evidence in a given ratemaking proceeding.(b) All expenses for lost gas in excess of the maximum allowable shall be disallowed for ratemaking purposes.(1) The maximum allowable for a distribution system is 5.0% of the amount metered in, and the maximum allowable for a transmission system is 3.0% of the amount metered in, except as provided in subsection (c) of this section.(2) The calculation of the percentage of lost and unaccounted for gas shall be based on an annual period. Notwithstanding the choice of test year for other aspects of ratemaking, and unless a more appropriate period can be demonstrated by a preponderance of the evidence in a given ratemaking proceeding, the annual period ends June 30, and is the most recent such period for which data are available.(c) The Commission may allow a greater percentage of lost gas than that specified in subsection (b) of this section based on special facts and circumstances including, where appropriate, the cost of effecting a reduction of the actual amount of lost gas, as may be demonstrated in a given ratemaking proceeding.(d) Nothing in this section shall be construed to limit the Commission's authority to evaluate the reasonableness of gas expense figures, including those for unaccounted for gas, and incorporating that evaluation into its rate setting orders.", "sourceNote": "Source Note: The provisions of this §7.5525 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170988", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "E", "label": "RATES AND RATE-SETTING PROCEDURES" }, "rule": { "number": "§7.5530", "label": "Allowable Rate Case Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190903", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In any rate proceeding, any utility and/or municipality claiming reimbursement for its rate case expenses pursuant to Texas Utilities Code, §103.022(b), shall have the burden to prove the reasonableness of such rate case expenses by a preponderance of the evidence. Each gas utility and/or municipality shall detail and itemize all rate case expenses and allocations and shall provide evidence showing the reasonableness of the cost of all professional services, including but not limited to:(1) the amount of work done;(2) the time and labor required to accomplish the work;(3) the nature, extent, and difficulty of the work done;(4) the originality of the work;(5) the charges by others for work of the same or similar nature; and(6) any other factors taken into account in setting the amount of the compensation.(b) In determining the reasonableness of the rate case expenses, the Commission shall consider all relevant factors including but not limited to those set out previously, and shall also consider whether the request for a rate change was warranted, whether there was duplication of services or testimony, whether the work was relevant and reasonably necessary to the proceeding, and whether the complexity and expense of the work was commensurate with both the complexity of the issues in the proceeding and the amount of the increase sought as well as the amount of any increase granted.(c) Absent a showing of good cause:(1) rate case expenses reimbursed to a municipality under Texas Utilities Code, §103.022(b), shall be recovered by the utility through rates effective only within that municipality; or(2) when a municipality has joined a coalition of municipalities for the purpose of pursuing rate case activities, rate case expenses reimbursed to the municipalities within the coalition under Texas Utilities Code, §103.022(b), shall be recovered by the utility through rates effective only within the municipalities belonging to that coalition.(d) Reasonable rate case expenses of the utility shall be classified into three categories:(1) required regulatory expenses, which shall consist of expenses the utility incurs that are related to the initial filing of the statement of intent and the expenses the utility incurs to provide or publish required notices;(2) litigation expenses, which shall consist of expenses incurred after the utility files its statement of intent, excluding the cost of providing notice; and(3) estimated expenses, which shall consist of the costs the utility estimates it will incur for potential appellate proceedings.(e) The utility's required regulatory expenses shall be allocated uniformly to all customers affected by the proposed rate change. The utility's litigation expenses and estimated expenses, to the extent there are any, shall be allocated to affected customers in the municipalities or coalitions of municipalities participating in the appellate proceeding and affected customers subject to the original jurisdiction of the Commission.", "sourceNote": "Source Note: The provisions of this §7.5530 adopted to be effective July 29, 2002, 27 TexReg 6687; amended to be effective September 1, 2015, 39 TexReg 10433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190903", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "F", "label": "PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE" }, "rule": { "number": "§7.6001", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190904", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) City--The city or the municipality that assessed an annual charge pursuant to Texas Natural Resources Code, §117.102(b)(1), or Texas Utilities Code, §121.2025(b)(1).(2) Director--The director of the Oversight and Safety Division or the director's delegate.(3) Pipeline--An owner or an operator of a hazardous liquid, carbon dioxide, or natural gas pipeline facility that is located in a public right-of-way in the city.(4) Public right-of-way in the city--Public roads, highways, streets, alleys, streams, canals, or other public ways located within a city and maintained by the city.(5) Regulating a pipeline facility--Administering, supervising, inspecting, and otherwise regulating the location of a pipeline facility, including maintaining records and maps of the location of the pipeline facility.(b) This subchapter implements the authority of the Commission to hear an appeal from a pipeline that has been assessed an annual charge pursuant to Texas Natural Resources Code, §117.102(b)(1), or Texas Utilities Code, §121.2025(b)(1).(c) Under Texas Natural Resources Code, §117.102(d), and Texas Utilities Code, §121.2025(d), the Commission has exclusive jurisdiction to determine whether a city's annual charge is authorized under Texas Natural Resources Code, §117.102(b)(1), or Texas Utilities Code, §121.2025(b)(1). Texas Natural Resources Code, §117.102, and Texas Utilities Code, §121.2025, do not affect the validity or enforceability of a contract entered into before September 1, 2005, by a municipality and the owner or operator of a hazardous liquid, carbon dioxide, or gas pipeline, or the enforceability of a charge assessed by a municipality before September 1, 2006, under an ordinance adopted on or before September 1, 2004. Texas Natural Resources Code, §117.102, and Texas Utilities Code, §121.2025, apply to a charge assessed by a municipality on or after September 1, 2005, under an ordinance adopted after September 1, 2004; and on or after September 1, 2006, under an ordinance regardless of the date of adoption of the ordinance.(d) The Commission will hear an appeal filed under this subchapter de novo. The appeal will be handled by the Hearings Division pursuant to this subchapter; the Commission's rules of Practice and Procedure, 16 Texas Administrative Code Chapter 1; and the Commission's general standards for establishing just and reasonable rates. The examiners assigned to the appeal may require that the city send notice of an appeal filed under this subchapter to all pipelines that the city identifies as having been assessed an annual charge within one year preceding the filing of the appeal. The examiners may exercise their discretion in deciding whether to permit intervention by another pipeline or to join another pipeline as a necessary party to an appeal.(e) A pipeline that files or intervenes in an appeal under this subchapter and the city that assessed the charge being appealed shall share the costs incurred by the Commission in connection with the appeal, pursuant to §7.6007 of this title (relating to Procedure for Determining and Sharing of the Commission's Costs).", "sourceNote": "Source Note: The provisions of this §7.6001 adopted to be effective March 15, 2007, 32 TexReg 1275; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190904", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "F", "label": "PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE" }, "rule": { "number": "§7.6002", "label": "Procedure for Filing and Service of an Appeal, Obligation of City to Respond, and Intervention" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129574", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pipeline shall file an appeal under this subchapter in writing no later than one year after the pipeline receives the invoice for or a similar written notice of the charge being appealed.(b) The pipeline shall file the appeal with the director, who shall assign a docket number. Thereafter, all documents relating to the appeal shall include the assigned docket number and shall be filed in the Docket Services Section.(c) The pipeline shall mail or deliver a copy of the appeal to the city attorney, the city secretary, or any other city official authorized to receive service of process in civil proceedings within 5 days of the date the pipeline files the appeal at the Commission.(d) The city shall have 90 days from the date it receives a copy of the company's appeal to the Commission to file its response to the appeal, in writing, at the Commission. The city shall simultaneously serve a copy of the response on the pipeline.(e) The examiners may require the city to mail notice of the appeal to each pipeline identified in the city's response, at the address stated in the response, stating that the pipeline may intervene in the appeal.(f) Another pipeline with a pipeline facility within public right-of-way in the city may file a motion to intervene in the appeal within 30 days after any notice of the appeal is mailed to the pipelines pursuant to subsection (e) of this section.", "sourceNote": "Source Note: The provisions of this §7.6002 adopted to be effective March 15, 2007, 32 TexReg 1275; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129574", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "F", "label": "PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE" }, "rule": { "number": "§7.6003", "label": "Contents of Appeal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129575", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The pipeline shall include the name, mailing address, and telephone number, and facsimile transmission number and electronic mail address, if available, of the following entities:(1) the pipeline and any authorized representative of the pipeline; and(2) the city attorney, the city secretary, or any other city official authorized to represent the city in an appeal filed under this subchapter.(b) The pipeline shall describe the charge assessed by the city against the applicable pipeline facilities; state the basis for the pipeline's claim that the charge is not authorized under Texas Natural Resources Code, §117.102(b)(1), or Texas Utilities Code, §121.2025(b)(1); and include all supporting documentation and citations to authority.(c) The pipeline or its authorized representative shall sign the appeal in ink.", "sourceNote": "Source Note: The provisions of this §7.6003 adopted to be effective March 15, 2007, 32 TexReg 1275." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129575", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "F", "label": "PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE" }, "rule": { "number": "§7.6004", "label": "Contents of Response" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129576", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The city shall include the name, mailing address, and telephone number, and facsimile transmission number and electronic mail address, if available, of every pipeline that has been assessed an annual charge under Texas Natural Resources Code, §117.102(b)(1), or Texas Utilities Code, §121.2025(b)(1).(b) The city shall provide a detailed explanation of its methodology for calculating the annual charge assessed against the applicable pipelines, including but not limited to:(1) a detailed explanation of and the specific cost elements for regulating the applicable pipeline facilities and all other pipeline facilities located on, along, or across public right-of-way in the city, based on historical costs actually incurred adjusted for known and measurable changes;(2) a list of every owner or operator of pipeline facilities that are located on, along, or across public right-of-way in the city, the type and distance of each pipeline facility within public right-of-way in the city, and the name, mailing address, and telephone number, and facsimile transmission number and electronic mail address, if any, of each such pipeline and its authorized representative contained in city records;(3) the total mileage for and charges assessed against all pipeline facilities of each type located on, along, or across public right-of-way in the city; and(4) for those pipeline facilities that are located on, along, or across public right-of-way in the city but that were not assessed an annual charge, a detailed explanation of the reason for not assessing the annual charge.", "sourceNote": "Source Note: The provisions of this §7.6004 adopted to be effective March 15, 2007, 32 TexReg 1275." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129576", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "F", "label": "PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE" }, "rule": { "number": "§7.6005", "label": "Contents of Motion to Intervene" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129578", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pipeline seeking to intervene in an appeal filed by another pipeline shall include the name, mailing address, and telephone number, and facsimile transmission number and electronic mail address, if available, of the movant pipeline and any authorized representative of the movant pipeline.(b) A pipeline seeking to intervene shall describe the charge assessed by the city against the movant pipeline facilities; state the basis for the pipeline's claim that the charge is not authorized under Texas Natural Resources Code, §117.102(b)(1), or Texas Utilities Code, §121.2025(b)(1); include all supporting documentation and citations to authority; and state the movant pipeline's justiciable interest in the appeal in which the movant pipeline seeks to intervene.(c) The movant pipeline or its authorized representative shall sign the motion to intervene in ink.", "sourceNote": "Source Note: The provisions of this §7.6005 adopted to be effective March 15, 2007, 32 TexReg 1275." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129578", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "F", "label": "PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE" }, "rule": { "number": "§7.6006", "label": "Standards for Determining an Appeal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190905", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In an appeal brought under this subchapter, the city has the burden of establishing that every annual charge at issue is authorized by Texas Natural Resources Code, §117.102, or Texas Utilities Code, §121.2025. If the city fails to demonstrate that any annual charge at issue is authorized by Texas Natural Resources Code, §117.102, or Texas Utilities Code, §121.2025, the Commission shall either declare the annual charge invalid in its entirety or shall reduce the annual charge to an amount authorized by Texas Natural Resources Code, §117.102, or Texas Utilities Code, §121.2025.(b) A city may assess a reasonable annual charge for the placement, construction, maintenance, repair, replacement, operation, use, relocation, or removal by an owner or operator of a pipeline facility on, along, or across public right-of-way in the city. This charge may not exceed the cost to the city of regulating the pipeline facility.(c) In determining whether an annual charge is reasonable, the Commission may consider:(1) whether the charges assessed by the city against pipeline facilities are commensurate with charges assessed for other uses of public right-of-way in the city, other than by franchised public utilities;(2) whether the charges assessed by the city are commensurate with charges assessed against pipeline facilities in public right-of-way by other cities in Texas; and(3) whether total costs of regulating pipeline facilities within the city are fairly allocated among all pipeline facilities, including whether the exclusion of any pipelines from the charges is reasonable.(d) In determining whether an annual charge exceeds costs of regulating pipeline facilities the Commission may consider:(1) historical costs attributable to regulating pipeline facilities adjusted for known and measurable changes, including out-of-pocket expenses and an allocable portion of the capital depreciation of specialized equipment and salaries, employee benefits, and reasonable overhead for city officials and employees engaged in and fairly attributable to regulating pipeline facilities;(2) whether any costs advanced by the city to support the charge are attributable to the costs of activities other than regulating public right-of-way in the city, such as safety regulation, emergency response, or other action that is not required to administer, supervise, inspect, or otherwise regulate the location of a pipeline facility in public right-of-way in the city, whether or not authorized to be performed by the city; and(3) whether charges assessed against pipeline facilities in the aggregate exceed the city's actual or reasonably expected costs of regulating pipeline facilities in public right-of-way in the city.", "sourceNote": "Source Note: The provisions of this §7.6006 adopted to be effective March 15, 2007, 32 TexReg 1275." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190905", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "F", "label": "PIPELINE APPEAL OF CITY ASSESSMENT OF ANNUAL CHARGE" }, "rule": { "number": "§7.6007", "label": "Procedure for Determining and Sharing of the Commission's Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95736", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The pipelines and a city that are parties to an appeal under this subchapter shall reimburse the Commission for its costs incurred in connection with the appeal. In each appeal, the city shall pay half of the Commission's costs and each pipeline that files or intervenes in the appeal shall pay an equal share of the half of Commission's costs.(b) The Commission shall determine its costs as follows:(1) The director and the Hearings Division shall require employees assigned to an appeal under this subchapter to keep records of time spent on each appeal. These shall be filed with and made part of the record in each appeal docket.(2) The Commission shall from time to time specify an hourly rate as its costs for each employee hour devoted to appeals under this subchapter. The rate shall be based on the employee's hourly compensation and multiplied by a factor to cover employment benefit costs and fairly allocable overhead costs (use of copiers, faxes, telephones, computers, hearing room, etc.).(c) The Commission shall invoice the pipelines and the city for Commission costs, based on the hours recorded by Commission employees and their hourly rates, together with any out-of-pocket expenses not included in the overhead factor, within 30 days after the disposition of an appeal. The pipelines and the city shall each remit to the Commission the invoiced costs within 30 days after receipt of notice of the total amount or after disposition of any appeal from the invoice, whichever is later.(d) Any pipeline or the city may contest the amount of the costs invoiced to it by filing with the director a written request for reconsideration within 30 days after the date of the invoice, stating the basis for reconsideration. The director shall forward any recommendation to the Commission with the record, and the Commission may approve or adjust the invoiced costs within 30 days.", "sourceNote": "Source Note: The provisions of this §7.6007 adopted to be effective March 15, 2007, 32 TexReg 1275; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95736", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "G", "label": "CODE OF CONDUCT" }, "rule": { "number": "§7.7001", "label": "Natural Gas Transportation Standards and Code of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190906", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to specify standards of conduct governing the provision of gas transportation services in order to prevent discrimination prohibited by the Common Purchaser Act, Texas Natural Resources Code, §111.081, et seq.; the Texas Utilities Code, Titles 3 and 4, which if violated, as found by the Commission, may constitute evidence of unlawful discriminatory activity. Any exemptions provided in this rule do not diminish statutory prohibitions against discrimination.(b) Code of conduct. A transporter that provides transportation services for any shipper (including affiliate shippers) shall:(1) apply any tariff or contract provision for transportation services which provides for discretion in the application of the provision in a similar manner to similarly-situated shippers;(2) enforce any tariff or contract provision for transportation services if there is no discretion stated in the tariff or contract in the application of the provision in a similar manner to similarly-situated shippers;(3) not give any shipper preference in the provision of transportation services over any other similarly-situated shippers;(4) process requests for transportation services from any shipper in a similar manner and within a similar period of time as it does for any other similarly-situated shipper; and maintain its books of account in such a fashion that transportation services provided to an affiliate can be identified and segregated.(c) Exemptions.(1) The distribution and transportation activities services performed by a local distribution company are exempt from this section.(2) In the event that an entity transports only its own gas through its own system, as designated by the transporter's current T-4 permit on file with the Commission, then that system is exempt from this section.(d) Other requirements. Any transporter subject to the provisions of this section shall make available to the Commission its books and records of transportation service for audit purposes. With at least ten working days notice by the Commission, the transporter shall provide the Commission access to records showing rates which the transporter is charging and any other contractual conditions of transportation service. The transporter shall provide the Commission access on a reasonable basis to information contained in the transporter's records regarding any other relevant conditions of transportation service.", "sourceNote": "Source Note: The provisions of this §7.7001 adopted to be effective July 29, 2002, 27 TexReg 6687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190906", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "G", "label": "CODE OF CONDUCT" }, "rule": { "number": "§7.7003", "label": "Administrative Penalties and Other Remedies for Discrimination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190907", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements the authority delegated to the Commission by Texas Natural Resources Code, §81.058(a) and (b).(b) Terms used in this section shall have the same meaning as in §2.1 of this title (relating to Informal Complaint Procedure); §2.5 of this title (relating to Informal Complaint Process Regarding Loss of or Inability to Account for Gas); and §7.115 of this title (relating to Definitions).(c) The Commission, after notice and opportunity for hearing, may impose an administrative penalty against:(1) a purchaser, transporter, gatherer, shipper, or seller of natural gas; a person described by Texas Natural Resources Code, §81.051(a) or §111.081(a); or any other entity under the jurisdiction of the Commission under the Texas Natural Resources Code that the Commission determines has:(A) violated §7.7001 of this title (relating to Natural Gas Transportation Standards and Code of Conduct) or any other Commission rule adopting standards for entities in the natural gas industry prohibiting unlawful discrimination; or(B) unreasonably discriminated against a seller of natural gas in the purchase of natural gas from the seller; and(2) a purchaser, transporter, or gatherer of natural gas if the Commission determines that the person engaged in prohibited discrimination against a shipper or seller of natural gas because the shipper or seller filed a formal or informal complaint with the Commission against the person relating to the person's purchase, transportation, or gathering of the gas.(d) In determining whether an entity has violated §7.7001 of this title or has unreasonably discriminated against a seller of natural gas in the purchase of natural gas from the seller, the Commission will consider the factors set forth in the definition of \"similarly situated shipper\" in §7.115 of this title. In determining whether conditions of service are the same or substantially the same, the Commission shall evaluate the significance and degree of similarity or difference in relevant conditions between sellers that are material and probative, including, but not limited to, the following:(1) service requirements;(2) location of facilities;(3) receipt and delivery points;(4) length of haul;(5) quality of service (firm, interruptible, etc.);(6) quantity;(7) swing requirements;(8) credit worthiness;(9) gas quality;(10) pressure (including inlet or line pressure);(11) duration of service;(12) connect requirements; and(13) conditions and circumstances existing at the time of agreement or negotiation.(e) In determining whether an entity has engaged in prohibited discrimination against a shipper or seller of natural gas because the shipper or seller filed a formal or informal complaint with the Commission against the person relating to the person's purchase, transportation, or gathering of the gas, the Commission will consider all relevant and material facts.(f) An administrative penalty imposed under this section may not exceed $5,000 a day for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.(g) If the Commission determines after notice and opportunity for hearing that an entity has engaged in prohibited discrimination for which a penalty may be imposed under this section, the Commission may issue any order necessary and reasonable to prevent the discrimination from continuing, including an order setting rates pursuant to §7.7005 of this title (relating to Authority to Set Rates).(h) The remedy provided by this section is cumulative of any other remedy the Commission may order.(i) In all situations, the Commission will apply the relevant statutory and rule provisions to achieve the intended statutory purposes of preventing or remedying undue discrimination and ensuring that natural gas transportation and gathering services are provided at rates and under terms and conditions that are just and reasonable.", "sourceNote": "Source Note: The provisions of this §7.7003 adopted to be effective April 28, 2008, 33 TexReg 3402; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190907", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "G", "label": "CODE OF CONDUCT" }, "rule": { "number": "§7.7005", "label": "Authority to Set Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190908", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements the authority of the Commission pursuant to Texas Natural Resources Code, §81.061.(b) Terms used in this section shall have the same meaning as in §2.1 of this title (relating to Informal Complaint Procedure); §2.5 of this title (relating to Informal Complaint Process Regarding Loss of or Inability to Account for Gas); and §7.115 of this title (relating to Definitions).(c) Except for rates established under Texas Utilities Code, Chapter 103, or Texas Utilities Code, Chapter 104, Subchapters C or G, the Commission may use a cost-of-service method or a market-based rate method in setting a rate in a formal rate proceeding.(d) On the filing of a complaint by a shipper or seller of natural gas, the Commission may set a transportation or gathering rate in a formal rate proceeding if the Commission determines that the rate is necessary to remedy unreasonable discrimination in the provision of transportation or gathering services. The Commission may set a rate regardless of whether the transporter or gatherer is classified as a utility by other law.(e) The Commission may use a cost-of-service method or a market-based method in setting a rate pursuant to this section in a formal rate proceeding conducted after notice and an opportunity for hearing pursuant to Chapter 1 of this title (relating to Practice and Procedure).(f) In determining whether to use a cost-of-service method or a market-based method to set rates for transportation or gathering service, the Commission will consider all relevant factors in a formal rate proceeding.", "sourceNote": "Source Note: The provisions of this §7.7005 adopted to be effective April 28, 2008, 33 TexReg 3402; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190908", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "7", "label": "GAS SERVICES" }, "subchapter": { "number": "H", "label": "INTERIM RATE ADJUSTMENTS" }, "rule": { "number": "§7.7101", "label": "Interim Rate Adjustments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222547", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. Pursuant to Texas Utilities Code, §104.301, a gas utility may file with the Commission an application for an interim rate adjustment, subject to the requirements of this section. The director may reject any filing that, at the time of filing or within a reasonable time afterward, does not substantially comply with the requirements of this section.(1) The filing date of the gas utility's most recent rate case in which there is a final order setting rates for the area in which the interim rate adjustment will apply shall be no more than two years prior to the date the gas utility files its initial interim rate adjustment application under this section. The gas utility shall state in its application the gas utilities docket number of the gas utility's most recent rate case.(2) A gas utility shall file its application for interim rate adjustment with the Commission at least 60 days before the proposed implementation date of the interim rate adjustment.(3) A gas utility shall complete notice of its application for interim rate adjustment to all affected customers in accordance with subsection (b) of this section no later than the 45th day after the date the gas utility files its application for interim rate adjustment.(4) An application for interim rate adjustment is complete on the date the gas utility has filed at the Commission all information required by this section.(5) A gas utility shall not implement its requested interim rate adjustment until the later of:(A) the 60th day after the filing is complete;(B) the day after the utility completes notice to customers; or(C) the day after the last day of a suspension period imposed pursuant to paragraph (6) of this subsection.(6) During the 60-day period following a gas utility's filing of an application for interim rate adjustment, the director may suspend the implementation of the interim rate adjustment for a period of up to 45 days from the later of:(A) the 60th day after the gas utility's application is complete;(B) the proposed implementation date; or(C) the day after the utility completes notice to customers.(b) Notice. The utility shall print the notice of its application for an interim rate adjustment in type large enough for easy reading. The notice shall be the only information contained on the piece of paper on which it is written. A gas utility may give the notice required by this section either by separate mailing or by mailing or otherwise delivering the notice with its billing statements. Notice by mail shall be presumed to be complete three days after the date of deposit of the paper upon which it is written, enclosed in a post-paid, properly addressed wrapper, in a post office or official depository under the care of the United States Postal Service. The notice to customers shall include the following information:(1) a description of the proposed revision of rates and schedules;(2) the effect the proposed interim rate adjustment is expected to have on the rates applicable to each affected customer class and on an average bill for each affected customer class;(3) the service area or areas in which the proposed interim rate adjustment would apply;(4) the date the proposed interim rate adjustment was or will be filed with each other regulatory authority;(5) the gas utility's address, telephone number, and web site where information concerning the proposed interim rate adjustment may be obtained; and(6) a statement that any affected person may file written comments or a protest concerning the proposed interim rate adjustment with Gas Services, Market Oversight Section, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967.(c) Contents of application. A gas utility shall submit a signed original and two copies of the following information with Gas Services as the utility's application for interim rate adjustment:(1) a copy of the notice to customers and an affidavit stating the method of giving notice and the date or dates on which the notice was or will be given;(2) a tariff or rate schedule or schedules;(3) an annual project report, as more specifically described in subsection (d) of this section;(4) an annual earnings monitoring report, as more specifically described in subsection (e) of this section; and(5) the gas utility's business address, telephone number, and, if applicable, facsimile transmission number and/or e-mail address.(d) Annual project report. A gas utility seeking to implement an interim rate adjustment shall electronically file with the Commission an annual project report as part of the application.(1) The annual project report shall be made on a form approved by the Commission and found in the Gas Services section of the Commission's website.(2) The annual project report shall describe by jurisdictional area:(A) the gas utility investment projects completed and placed in service during the preceding calendar year;(B) the gas utility investment retired or abandoned during the preceding calendar year; and(C) the cost of, need for, and customers, by class and location, benefitted by the change(s) in gas utility investment projects.(3) Similar investment projects, such as service lines or small tools that the gas utility normally accounts for on a group basis, may be reported as a single investment project.(e) Annual earnings monitoring report. A gas utility seeking to implement an interim rate adjustment shall electronically file with the Commission an annual earnings monitoring report as part of the application.(1) The annual earnings monitoring report shall be made on a form approved by the Commission and found in the Gas Services section of the Commission's website.(2) The annual earnings monitoring report shall demonstrate the utility's earnings during the preceding calendar year. A gas utility whose annual earnings monitoring report shows that the utility is earning a return on invested capital of more than 75 basis points above the return established by Commission final order setting rates in the utility's most recent rate case for the area in which the interim rate adjustment was implemented shall include with its annual earnings monitoring report a statement of the reasons the rates are not unreasonable or in violation of law.(f) Methodology for interim rate adjustments. Approval of a gas utility's application for interim rate adjustment is subject to the requirements of this subsection.(1) The components of the revenue to be recovered through an interim rate adjustment shall be limited to those set forth in this subsection. The revenue to be recovered through an interim rate adjustment shall be incremental to that established in the gas utility's most recent rate case for the area in which the interim rate adjustment is to be implemented, as previously adjusted.(2) All incremental values for investment, accumulated depreciation, return on investment, depreciation expense, ad valorem taxes, revenue related taxes, and incremental federal income taxes shall be calculated and presented on a full calendar year basis, except as provided in paragraph (3) of this subsection.(3) The amount by which the gas utility may adjust its rates upward or downward using the interim rate adjustment for each calendar year is based on the difference between the value of the gas utility's invested capital for the preceding calendar year and the value of the invested capital for the calendar year preceding that calendar year; except for a gas utility's first interim rate adjustment application following a rate case and except for amounts that can be collected by the utility under Texas Utilities Code, §104.112. For the first interim rate adjustment following a rate case, the allowed adjustment shall be based on the difference between the gas utility's invested capital at the end of the rate case test year and the invested capital at the end of the calendar year following the end of such test year. The value of the gas utility's invested capital is equal to the original cost of the investment at the time the investment was first dedicated to public use minus the accumulated depreciation related to that investment.(4) Based on the difference between the values of the investment amounts as determined under paragraphs (2) and (3) of this subsection, a gas utility may adjust its revenue only by the following components:(A) return on investment;(B) depreciation expense;(C) ad valorem taxes;(D) revenue related taxes; and(E) federal income taxes.(5) The factors used to calculate the return on investment, depreciation expense, and incremental federal income tax used to compute the revenues to be collected through the interim rate adjustment must be the same as those established or used in the final order setting rates in the gas utility's most recent rate case for the area in which the interim rate adjustment is to be implemented.(6) The gas utility shall allocate the revenue to be collected through the interim rate adjustment among the gas utility's customer classes in the same manner as the cost of service was allocated among customer classes in the utility's most recent rate case for the area in which the interim rate adjustment is to be implemented.(7) The gas utility shall design the interim rate adjustment as either a flat rate to be applied to the monthly customer charge or a volumetric rate to be applied to the initial block usage rate. The interim rate adjustment, whether it is applied to the monthly customer charge or the initial block rate, shall be shown on the customers' monthly billing statements as a surcharge.(g) Procedure for review. The director shall ensure that applications for interim rate adjustments are reviewed for compliance with the requirements of Texas Utilities Code, §104.301; and this section.(1) The director may:(A) suspend the implementation date of an interim rate adjustment in accordance with subsection (a) of this section;(B) request assistance in reviewing applications for interim rate adjustments from other Commission divisions; and(C) request additional staff to achieve timely review of interim rate adjustment applications.(2) Upon completion of the review; the director shall prepare a written recommendation, which shall be provided to the applicant gas utility. The director may recommend:(A) approval of the application for interim rate adjustment;(B) approval of some elements of the application to allow only those elements of the interim rate adjustment to take effect without further Commission action; or(C) rejection of the application for interim rate adjustment.(3) The director's recommendation shall be submitted to the Commission for decision at a scheduled open meeting.(4) If the Commission approves an application for interim rate adjustment, the gas utility shall either file the tariff or rate schedule implementing the approved interim rate adjustment or shall, within 30 days of the Commission's action, notify Gas Services that the tariff or rate schedule initially filed with the application correctly implements the approved interim rate adjustment.(h) Annual interim rate adjustments. A gas utility shall recalculate its approved interim rate adjustment annually in accordance with the requirements of this section and shall file an application for an annual adjustment no later than 60 days prior to the one-year anniversary of the proposed implementation date of the previous interim rate adjustment application.(i) Refunds. All amounts collected from customers under an interim rate adjustment tariff or rate schedule are subject to refund. The issues of refund amounts, if any, whether interest should be applied to refunded amounts and, if so, the rate of interest, shall be addressed in the rate case a gas utility files or the Commission initiates after the implementation of an interim rate adjustment and shall be the subject of specific findings of fact in the Commission's final order setting rates.(j) Review for reasonableness and prudence. In the rate case a gas utility files or the Commission initiates after the implementation of an interim rate adjustment under this section, any change in investment and related expenses and revenues that have been included in any interim rate adjustment shall be fully subject to review for reasonableness and prudence. Upon issuance of a final order setting rates in this rate case, any change in investment and related expenses and revenues that have been included in any interim rate adjustment shall no longer be subject to review for reasonableness or prudence.(k) Suspension of interim rate adjustment. A gas utility may file a request to suspend the operation of an interim rate adjustment tariff or rate schedule for any year subject to the following requirements and conditions:(1) A gas utility's request to suspend operation of an interim rate adjustment tariff or rate schedule shall be filed no later than the date on which the gas utility's annual adjustment of the interim rate adjustment would have been filed.(2) A gas utility's request shall be in writing and shall state the reasons the suspension is justified.(3) The director may grant the suspension, provided that the gas utility has made a showing of reasonable justification. If granted, the suspension shall be effective until the next annual anniversary of the implementation date of the interim rate adjustment.(4) The utility's next annual filing for interim rate adjustment shall be made in accordance with this section.(l) Rate case filing. A gas utility that implements an interim rate adjustment under this section and does not file a rate case before the fifth anniversary of the date its initial interim rate adjustment became effective shall file a rate case not later than the 180th day after that anniversary.(m) Reimbursement. A gas utility that implements an interim rate adjustment under this section shall reimburse the Commission for the utility's proportionate share of the Commission's annual costs related to the administration of the interim rate adjustment mechanism. The Commission shall determine the amount of the reimbursement as follows:(1) After the Commission has finally acted on a gas utility's application for an interim rate adjustment, the director shall estimate such utility's proportionate share of the Commission's annual costs related to the processing of such applications.(2) In making the estimate required by paragraph (1) of this subsection, the director shall take into account the number of utilities the Commission reasonably expects to file for interim rate adjustments during the fiscal year, and the costs expected to be incurred in processing such applications.(3) The utility shall reimburse the Commission for the amount so determined within thirty days after receipt of notice of the amount of the reimbursement.(4) In the event that the utility wishes to contest the amount of the reimbursement determined by the director, it may file a request to have the Commission determine the appropriate amount. In such event, the utility agrees to pay the amount determined by the Commission within thirty days of the determination.", "sourceNote": "Source Note: The provisions of this §7.7101 adopted to be effective December 27, 2004, 29 TexReg 11948; amended to be effective April 25, 2017, 42 TexReg 2165; amended to be effective May 14, 2018, 43 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222547", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS AND DEFINITIONS" }, "rule": { "number": "§8.1", "label": "General Applicability and Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197765", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) The rules in this chapter establish minimum standards of accepted good practice and apply to:(A) all gas pipeline facilities and facilities used in the intrastate transportation of gas, including LPG distribution systems and master metered systems, as provided in 49 United States Code (U.S.C.) §§60101, et seq.; and Texas Utilities Code, §§121.001 - 121.507;(B) onshore production pipelines and production facilities, in Class 2, 3, or 4 locations as defined by 49 CFR §192.5, beginning after the first point of measurement and ending as defined by 49 CFR Part 192 as the beginning of an onshore gathering line. These production pipelines and production facilities shall be subject to 49 CFR §192.8(c) in determining if these pipelines and facilities are Type A or Type B and are subject to the rules in 49 CFR §192.9 for Type A or Type B pipelines;(C) the intrastate pipeline transportation of hazardous liquids or carbon dioxide and all intrastate pipeline facilities as provided in 49 U.S.C. §§60101, et seq.; and Texas Natural Resources Code, §117.011 and §117.012; and(D) all pipeline facilities originating in Texas waters (three marine leagues and all bay areas). These pipeline facilities include those production and flow lines originating at the well. These facilities shall be subject to 49 CFR Part 192 for natural gas pipelines and 49 CFR Part 195 for hazardous liquid pipelines.(2) The regulations do not apply to those facilities and transportation services subject to federal jurisdiction under: 15 U.S.C. §§717, et seq.; or 49 U.S.C. §§60101, et seq.(b) Minimum safety standards. The Commission adopts by reference the following provisions, as modified in this chapter, effective December 9, 2024.(1) Natural gas pipelines, including LPG distribution systems and master metered systems, shall be designed, constructed, maintained, and operated in accordance with 49 U.S.C. §§60101, et seq.; 49 Code of Federal Regulations (CFR) Part 191, Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports; 49 CFR Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards; and 49 CFR Part 193, Liquefied Natural Gas Facilities: Federal Safety Standards.(2) Hazardous liquids or carbon dioxide pipelines shall comply with 49 U.S.C. §§60101, et seq.; and 49 CFR Part 195, Transportation of Hazardous Liquids by Pipeline.(3) All operators of pipelines and/or pipeline facilities, except operators that only operate one or more master meter systems, as defined in 49 CFR §191.3, shall comply with 49 CFR Part 199, Drug and Alcohol Testing, and 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs.(4) All operators of pipelines and/or pipeline facilities regulated by this chapter, other than master metered systems and distribution systems, shall comply with §3.70 of this title (relating to Pipeline Permits Required).(c) Special situations. Nothing in this chapter shall prevent the Commission, after notice and hearing, from prescribing more stringent standards in particular situations. In special circumstances, the Commission may require the following:(1) Any operator which cannot determine to its satisfaction the standards applicable to special circumstances may request in writing the Commission's advice and recommendations. In a special case, and for good cause shown, the Commission may authorize exemption, modification, or temporary suspension of any of the provisions of this chapter, pursuant to the provisions of §8.125 of this title (relating to Waiver Procedure).(2) If an operator transports gas and/or operates pipeline facilities which are in part subject to the jurisdiction of the Commission and in part subject to the Department of Transportation pursuant to 49 U.S.C. §§60101, et seq.; the operator may request in writing to the Commission that all of its pipeline facilities and transportation be subject to the exclusive jurisdiction of the Department of Transportation. If the operator files a written statement under oath that it will fully comply with the federal safety rules and regulations, the Commission may grant an exemption from compliance with this chapter.(d) Retention of DOT filings. A person filing any document or information with the Department of Transportation pursuant to the requirements of 49 CFR Parts 190, 191, 192, 193, 195, or 199 shall retain a copy of that document or information. Such person is not required to concurrently file that document or information with the Division unless another rule in this chapter requires the document or information to be filed with the Division or unless the Division requests a copy.(e) Penalties. A person who submits incorrect or false information with the intent of misleading the Commission regarding any material aspect of an application or other information required to be filed at the Commission may be penalized as set out in Texas Natural Resources Code, §§117.051 - 117.054, and/or Texas Utilities Code, §§121.206 - 121.210, and the Commission may dismiss with prejudice to refiling an application containing incorrect or false information or reject any other filing containing incorrect or false information.(f) Retroactivity. Nothing in this chapter shall be applied retroactively to any existing intrastate pipeline facilities concerning design, fabrication, installation, or established operating pressure, except as required by the Office of Pipeline Safety, Department of Transportation. All intrastate pipeline facilities shall be subject to the other safety requirements of this chapter.(g) Compliance deadlines. Operators shall comply with the applicable requirements of this section according to the following guidelines.(1) Each operator of a pipeline and/or pipeline facility that is new, replaced, relocated, or otherwise changed shall comply with the applicable requirements of this section at the time the pipeline and/or pipeline facility goes into service.(2) An operator whose pipeline and/or pipeline facility was not previously regulated but has become subject to regulation pursuant to the changed definition in 49 CFR Part 192 and subsection (a)(1)(B) of this section shall comply with the applicable requirements of this section no later than the stated date:(A) for cathodic protection (49 CFR Part 192), March 1, 2012;(B) for damage prevention (49 CFR 192.614), September 1, 2010;(C) to establish an MAOP (49 CFR 192.619), March 1, 2010;(D) for line markers (49 CFR 192.707), March 1, 2011;(E) for public education and liaison (49 CFR 192.616), March 1, 2011; and(F) for other provisions applicable to Type A gathering lines (49 CFR 192.8(c)), March 1, 2011.", "sourceNote": "Source Note: The provisions of this §8.1 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective May 15, 2005, 30 TexReg 2849; amended to be effective January 30, 2006, 31 TexReg 480; amended to be effective March 2, 2009, 34 TexReg 1414; amended to be effective August 30, 2010, 35 TexReg 7743; amended to be effective August 6, 2012, 37 TexReg 5738; amended to be effective October 6, 2014, 39 TexReg 7916; amended to be effective October 30, 2017, 42 TexReg 6014; amended to be effective January 6, 2020, 45 TexReg 121; amended to be effective September 13, 2021, 46 TexReg 5767; amended to be effective December 9,2024, 49 TexReg 9960." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197765", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS AND DEFINITIONS" }, "rule": { "number": "§8.5", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117830", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the definitions given in 49 CFR Parts 40, 191, 192, 193, 195, and 199, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Affected person--This definition of this term applies only to the procedures and requirements of §8.125 of this title (relating to Waiver Procedure). The term includes but is not limited to:(A) persons owning or occupying real property within 500 feet of any property line of the site for the facility or operation for which the waiver is sought;(B) the city council, as represented by the city attorney, the city secretary, the city manager, or the mayor, if the property that is the site of the facility or operation for which the waiver is sought is located wholly or partly within any incorporated municipal boundaries, including the extraterritorial jurisdiction of any incorporated municipality. If the site of the facility or operation for which the waiver is sought is located within more than one incorporated municipality, then the city council of every incorporated municipality within which the site is located is an affected person;(C) the county commission, as represented by the county clerk, if the property that is the site of the facility or operation for which the waiver is sought is located wholly or partly outside the boundary of any incorporated municipality. If the site of the facility or operation for which the waiver is sought is located within more than one county, then the county commission of every county within which the site is located is an affected person;(D) any other person who would be impacted by the waiver sought.(2) Applicant--A person who has filed with the Oversight and Safety Division, Pipeline Safety Department, a complete application for a waiver to a pipeline safety rule or regulation, or a request to use other technology or assessment methodology not specifically listed in §8.101(b)(1) of this title (relating to Pipeline Integrity Assessment and Management Plans for Natural Gas and Hazardous Liquids Pipelines).(3) Application for waiver--The written request, including all reasons and all appropriate documentation, for the waiver of a particular rule or regulation with respect to a specific facility or operation.(4) Charter school--An elementary or secondary school operated by an entity created pursuant to Texas Education Code, Chapter 12.(5) Commission--The Railroad Commission of Texas.(6) Direct assessment--A structured process that identifies locations where a pipeline may be physically examined to provide assessment of pipeline integrity. The process includes collection, analysis, assessment, and integration of data, including but not limited to the items listed in §8.101(b)(1) of this title. The physical examination may include coating examination and other applicable non-destructive evaluation.(7) Director--The director of the Oversight and Safety Division or the director's delegate.(8) Division--The Oversight and Safety Division of the Commission.(9) Farm tap odorizer--A wick-type odorizer serving a consumer or consumers off any pipeline other than that classified as distribution as defined in 49 CFR 192.3 which uses not more than 10 mcf on an average day in any month.(10) Gas--Natural gas, flammable gas, or other gas which is toxic or corrosive.(11) Gas company--Any person who owns or operates pipeline facilities used for the transportation or distribution of gas, including master metered systems.(12) Hazardous liquid--Petroleum, petroleum products, anhydrous ammonia, or any substance or material which is in liquid state, excluding liquefied natural gas (LNG), when transported by pipeline facilities and which has been determined by the United States Secretary of Transportation to pose an unreasonable risk to life or property when transported by pipeline facilities.(13) In-line inspection--An internal inspection by a tool capable of detecting anomalies in pipeline walls such as corrosion, metal loss, or deformation.(14) Intrastate pipeline facilities--Pipeline facilities located within the State of Texas which are not used for the transportation of natural gas or hazardous liquids or carbon dioxide in interstate or foreign commerce.(15) Lease user--A consumer who receives free gas in a contractual agreement with a pipeline operator or producer.(16) Liquids company--Any person who owns or operates a pipeline or pipelines and/or pipeline facilities used for the transportation or distribution of any hazardous liquid, or carbon dioxide, or anhydrous ammonia.(17) Master meter operator--The owner, operator, or manager of a master metered system.(18) Master metered system--A pipeline system (other than one designated as a local distribution system) for distributing gas within but not limited to a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system. The gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means such as rents.(19) Natural gas or other gas supplier--The entity selling and delivering gas to a school facility or a master metered system. If more than one entity sells and delivers gas to a school facility or master metered system, each entity is a gas supplier for purposes of this chapter.(20) Operator--A person who operates on his or her own behalf, or as an agent designated by the owner, intrastate pipeline facilities.(21) Person--Any individual, firm, joint venture, partnership, corporation, association, cooperative association, joint stock association, trust, or any other business entity, including any trustee, receiver, assignee, or personal representative thereof, a state agency or institution, a county, a municipality, or school district or any other governmental subdivision of this state.(22) Person responsible for a school facility--In the case of a public school, the superintendent of the school district as defined in Texas Education Code, §11.201, or the superintendent's designee previously specified in writing to the gas supplier. In the case of charter and private schools, the principal of the school or the principal's designee previously specified in writing to the gas supplier.(23) Pipeline facilities--New and existing pipe, right-of-way, and any equipment, facility, or building used or intended for use in the transportation of gas or hazardous liquid or their treatment during the course of transportation.(24) Pressure test--Those techniques and methodologies prescribed for leak-test and strength-test requirements for pipelines. For natural gas pipelines, including LPG distribution systems and master metered systems, the requirements are found in 49 Code of Federal Regulations (CFR) Part 192, and specifically include 49 CFR 192.505, 192.507, 192.515, and 192.517. For hazardous liquids pipelines, the requirements are found in 49 CFR Part 195, and specifically include 49 CFR 195.305, 195.306, 195.308, and 195.310.(25) Private school--A school that:(A) offers a course of instruction for students in one or more grades from kindergarten through grade 12;(B) is not operated by a governmental entity; and(C) is not a home school.(26) Public school--An elementary or secondary school operated by an entity created in accordance with the laws of the State of Texas and accredited by the Texas Education Agency pursuant to Texas Education Code, Chapter 39, Subchapter D. The term does not include programs and facilities under the jurisdiction of the Texas Juvenile Justice Department, the Texas Health and Human Services Commission, the Texas Department of Criminal Justice or any probation agency, the Texas School for the Blind and Visually Impaired, the Texas School for the Deaf and Regional Day Schools for the Deaf, the Texas Academy of Mathematics & Science, the Texas Academy of Leadership in the Humanities, and home schools or proprietary schools as defined in Texas Education Code, §132.001.(27) School facility--All piping, buildings and structures operated by a public, charter, or private school that are downstream of a meter measuring gas service in which students receive instruction or participate in school sponsored extracurricular activities, excluding maintenance or bus facilities, administrative offices, and similar facilities not regularly utilized by students.(28) Transportation of gas--The gathering, transmission, or distribution of gas by pipeline or its storage within the State of Texas. For purposes of safety regulation, the term shall include onshore pipeline and production facilities, beginning after the first point of measurement and ending as defined by 49 CFR Part 192 as the beginning of an onshore gathering line.(29) Transportation of hazardous liquids or carbon dioxide--The movement of hazardous liquids or carbon dioxide by pipeline, or their storage incidental to movement, except that, for purposes of safety regulations, it does not include any such movement through gathering lines in rural locations or production, refining, or manufacturing facilities or storage or in-plant piping systems associated with any of those facilities.", "sourceNote": "Source Note: The provisions of this §8.5 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective August 30, 2010, 35 TexReg 7743; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117830", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "B", "label": "REQUIREMENTS FOR ALL PIPELINES" }, "rule": { "number": "§8.51", "label": "Organization Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222548", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each gas and/or liquids company, other than a master meter operator, operating wholly or partially within this state, acting either as principal or as agent for another, and performing operations within the jurisdiction of the Commission, shall have on file with the Commission an approved organization report (Form P-5) and financial security as required by Texas Natural Resources Code, §§91.103-91.1091, and §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements).(b) Each master meter operator, operating wholly or partially within this state, acting either as principal or as agent for another, and performing operations within the jurisdiction of the Commission, shall have on file with the Commission an approved organization report (Form P-5) as authorized by Texas Utilities Code §121.201(a)(2), but is not required to furnish the financial security required by Texas Natural Resources Code, §91.109(b)(2) if the operation of one or more master metered systems is the only business for which the financial security would otherwise be required.", "sourceNote": "Source Note: The provisions of this §8.51 adopted to be effective November 24, 2004, 29 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222548", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "B", "label": "REQUIREMENTS FOR ALL PIPELINES" }, "rule": { "number": "§8.101", "label": "Pipeline Integrity Assessment and Management Plans for Natural Gas and Hazardous Liquids Pipelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117832", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to plastic pipelines.(b) By February 1, 2002, operators of intrastate transmission lines subject to the requirements of 49 CFR Part 192 or pipeline facilities used in the transportation of hazardous liquids or carbon dioxide subject to 49 CFR Part 195 shall have designated on a system-by-system or segment within each system basis whether the pipeline operator has chosen to use the risk-based analysis pursuant to paragraph (1) of this subsection or the prescriptive plan authorized by paragraph (2) of this subsection. Hazardous liquid pipeline operators using the risk-based plan shall complete at least 50% of the initial assessments by January 1, 2006, and the remainder by January 1, 2011; operators using the prescriptive plan shall complete the initial integrity testing by January 1, 2006, or January 1, 2011, pursuant to the requirements of paragraph (2) of this subsection. Natural gas pipeline operators using the risk-based plan shall complete at least 50% of the initial assessments by December 17, 2007, and the remainder by December 17, 2012; operators using the prescriptive plan shall complete the initial integrity testing by December 17, 2007, or December 17, 2012, pursuant to the requirements of paragraph (2) of this subsection.(1) The risk-based plan shall contain at a minimum:(A) identification of the pipelines and pipeline segments or sections in each system covered by the plan;(B) a priority ranking for performing the integrity assessment of pipeline segments of each system based on an analysis of risks that takes into account:(i) population density;(ii) immediate response area designation, which, at a minimum, means the identification of significant threats to the environment (including but not limited to air, land, and water) or to the public health or safety of the immediate response area;(iii) pipeline configuration;(iv) prior in-line inspection data or reports;(v) prior pressure test data or reports;(vi) leak and incident data or reports;(vii) operating characteristics such as established maximum allowable operating pressures (MAOP) for gas pipelines or maximum operating pressures (MOP) for liquids pipelines, leak survey results, cathodic protection surveys, and product carried;(viii) construction records, including at a minimum but not limited to the age of the pipe and the operating history;(ix) pipeline specifications; and(x) any other data that may assist in the assessment of the integrity of pipeline segments;(C) assessment of pipeline integrity using at least one of the following methods appropriate for each segment:(i) in-line inspection;(ii) pressure test;(iii) direct assessment; (iv) for gas pipelines only, guided wave ultrasonic testing (GWUT);(v) for gas pipelines only, excavation with direct in situ examination; or(vi) other technology or assessment methodology not specifically listed in this paragraph after approval by the director. (D) management methods for the pipeline segments which may include remedial action or increased inspections as necessary;(E) periodic review of the pipeline integrity assessment and management plan every 36 months, or more frequently if necessary; and (F) re-assessment intervals not to exceed the following:(i) for pipelines subject to 49 CFR Part 195, a maximum interval of 10 years for onshore line pipe that can accommodate inspection by means of in-line inspection tools; or(ii) for pipelines subject to 49 CFR Part §192.710, a maximum interval of 10 years.(2) Operators electing not to use the risk-based plan in paragraph (1) of this subsection shall conduct a pressure test or an in-line inspection and take remedial action in accordance with the following schedule:Attached GraphicAttached Graphic(c) Within 185 days after receipt of notice that an operator's plan is complete, the Commission shall either notify the operator of the acceptance of the plan or shall complete an evaluation of the plan to determine compliance with this section.(d) After the completion of the assessment required under either plan, the operator shall promptly remove defects that are immediate hazards and, no later than the next test interval, shall mitigate any anomalies identified by the test that could reasonably be predicted to become hazardous defects. For pipelines subject to 49 CFR §192.710, an operator shall follow the remediation requirements required by 49 CFR §192.710(f).(e) If a pipeline that is not subject to this section undergoes any change in circumstances that results in the pipeline becoming subject to this section, then the operator of such pipeline shall establish integrity of the pipeline pursuant to the requirements of this section prior to any further operation. Such changes include but are not limited to an addition to the pipeline, change in the operating pressure of the pipeline, change from inactive to active status, change in population in the area of the pipeline, or change of operator of the pipeline segment. If a pipeline segment is acquired by a new operator, the pipeline segment can continue to be operated without establishing pipeline integrity as long as the new operator utilizes the prior operator's operation and maintenance procedures for this pipeline segment. If the population in the area of a pipeline segment changes, the pipeline segment can continue to operate without establishing pipeline integrity until such time as the operator determines whether or not the change in population affects the criteria applicable to the integrity management program, but for no longer than the time frames established under 49 CFR Part 192 or 195.", "sourceNote": "Source Note: The provisions of this §8.101 adopted to be effective April 30, 2001, 26 TexReg 3214; amended to be effective August 25, 2003, 28 TexReg 6829; amended to be effective November 24, 2004, 29 TexReg 10733; amended to be effective August 28, 2006, 31 TexReg 6715; amended to be effective March 2, 2009, 34 TexReg 1414; amended to be effective August 30, 2010, 35 TexReg 7743; amended to be effective January 6, 2020, 45 TexReg 121; amended to be effective December 9, 2024, 49 TexReg 9960." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117832", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "B", "label": "REQUIREMENTS FOR ALL PIPELINES" }, "rule": { "number": "§8.105", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222549", "queryAsDate": "03/11/2026" }, "ruleBody": "Each pipeline operator shall maintain the following most current record or records for at least the time period prescribed by the following regulations or five years if no other time period is specified:(1) For gas and LNG pipelines, those records and documents required by 49 CFR Parts 191, 192, 193, and 199, and §8.215 of this chapter (relating to Odorization of Gas).(2) For liquids pipelines, those records and documents required by 49 CFR Parts 195 and 199.(3) Activities for which the above listed regulations may require record-keeping include but are not limited to:(A) all design and installation of new and used pipe, including design pressure calculations, pipeline specifications, specified minimum yield strength and wall-thickness calculations, each valve, fitting, fabricated branch connection, closure, flange connection, station piping, fabricated assembly, and above-ground breakout tank;(B) all pipeline construction, procedures, training, and inspection pertaining to welding, nondestructive testing, and cathodic protection;(C) all hydrostatic testing performed on all pipeline segments, components, and tie-ins; and(D) the performance of the procedures outlined in the operations and maintenance procedure manual.", "sourceNote": "Source Note: The provisions of this §8.105 adopted to be effective November 24, 2004, 29 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222549", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "B", "label": "REQUIREMENTS FOR ALL PIPELINES" }, "rule": { "number": "§8.110", "label": "Gathering Pipelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222550", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. This section applies to the following gathering pipelines:(1) Type C natural gas gathering pipelines as defined under 49 CFR §192.8;(2) Type R natural gas gathering pipelines as defined under 49 CFR §192.8; and(3) hazardous liquids and carbon dioxide gathering pipelines as defined under 49 CFR §195.15.(b) Safety. Each operator of a gathering pipeline described in subsection (a) of this section shall take appropriate action using processes and technologies that are technically feasible, reasonable, and practicable to correct a hazardous condition that creates a risk to public safety.(c) Reporting.(1) Each operator of a gas gathering pipeline described in subsection (a) of this section shall comply with §8.210(a) of this title (relating to Reports).(2) Each operator of a hazardous liquids pipeline described in subsection (a) of this section shall comply with §8.301(a)(1)(B) and (a)(2)(B) of this title (relating to Required Records and Reporting) except that the initial telephonic report is not required.(d) Investigation.(1) Each operator of a gathering pipeline described in subsection (a) of this section shall conduct its own investigation and cooperate with the Commission and its authorized representatives in the investigation of any of the following:(A) an accident as defined by 49 CFR §195.50;(B) an incident as defined by 49 CFR §191.3;(C) a threat to public safety; or(D) a complaint related to operational safety.(2) Each operator shall provide the Commission reasonable access to the operator's facilities, provide the Commission any records related to such facilities, and file such reports or other information necessary to determine whether there is a threat to the continuing safe operation of the pipeline.(e) Corrective action and prevention of recurrence. As a result of the investigations authorized under subsection (d) of this section, the Commission may require the operator to submit a corrective action plan to the Commission to remediate an accident, incident, or other hazardous condition that creates a risk to public safety, or to address a complaint related to public safety. Upon the Commission's review and approval of the corrective action plan, the operator shall complete the corrective action. No provision of this rule prevents the operator from implementing any corrective action at any time the operator deems necessary or prudent to correct or prevent a threat to the safe operation of the gathering pipeline and pipeline facilities.", "sourceNote": "Source Note: The provisions of this §8.110 adopted to be effective January 6, 2020, 45 TexReg 121; amended to be effective December 9, 2024, 49 TexReg 9960." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222550", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "B", "label": "REQUIREMENTS FOR ALL PIPELINES" }, "rule": { "number": "§8.115", "label": "New Construction Commencement Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222551", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An operator shall notify the Commission before the construction of pipelines and other facilities as follows.(1) For construction of a new, relocated, or replacement pipeline 10 miles in length or longer including liquified petroleum gas distribution systems, natural gas distribution systems, and master meter systems 10 miles in length or longer, an operator shall notify the Commission not later than 60 days before construction.(2) For construction of a new LNG plant or LNG facility, an operator shall notify the Commission not later than 60 days before construction.(3) Except as provided in paragraphs (5) and (6) of this subsection, for construction of a new, relocated, or replacement pipeline at least one mile in length but less than 10 miles, an operator shall notify the Commission not later than 30 days before construction.(4) For installation of any permanent breakout tank, an operator shall notify the Commission not later than 30 days before installation. For installation of mobile, temporary, or prefabricated breakout tanks, an operator shall notify the Commission upon placing the mobile, temporary, or prefabricated breakout tank in service.(5) For new, relocated, or replacement construction on liquified petroleum gas distribution systems, natural gas distribution systems, or master meter systems less than three miles in length, no construction notification is required unless new construction results in a new distribution system ID. If the construction results in a new distribution system ID, the operator shall either:(A) notify the Commission not later than 30 days before construction by filing a Form PS-48 New Construction Report for every initial construction; or(B) provide to the Commission a monthly report that reflects all known projects planned to be completed in the following 12 months, all projects that are currently in construction, and all projects completed since the prior monthly report. The report should provide the status of each project, the city and county of each project, a description of each project, and the estimated starting and ending date. These monthly reports shall be filed by email to PS-48Reports@rrc.texas.gov.(6) For new, relocated, or replacement construction on liquified petroleum gas distribution systems, natural gas distribution systems, or master meter systems at least three miles in length but less than 10 miles in length, an operator shall either:(A) notify the Commission not later than 30 days before construction by filing a Form PS-48 New Construction Report for every relocated or replacement construction; or(B) provide to the Commission a monthly report that reflects all known projects planned to be completed in the following 12 months, all projects that are currently in construction, and all projects completed since the prior monthly report. The report should provide the status of each project, the city and county of each project, a description of each project, and the estimated starting and ending date. These monthly reports shall be filed by email to PS-48Reports@rrc.texas.gov.(7) For construction of a sour gas pipeline and/or pipeline facilities, as defined in §3.106 of this title (relating to Sour Gas Pipeline Facility Construction Permit), an operator shall notify the Commission not later than 30 days before construction by filing Form PS-48 and Form PS-79.(8) Pipelines subject to §8.110(a)(2) and (3) of this title (relating to Gathering Pipelines) are exempt from the construction notification requirement.(b) Any of the notifications required by subsection (a) of this section, unless an operator elects to use the alternative notification allowed by subsection (a)(5) or (a)(6) of this section, shall be made by filing a Form PS-48 New Construction Report using the Commission's online application available on the Commission's website. The report shall include the proposed originating and terminating points for the pipeline, counties to be traversed, size and type of pipe to be used, type of service, design pressure, and length of the proposed line. If a notification is not feasible because of an emergency, an operator must notify the Commission as soon as practicable. A Form PS-48 that has been filed with the Commission shall expire if construction is not commenced within eight months of date the report is filed. An operator may submit one extension, which will keep the report active for an additional six months. Extension requests shall be made by emailing PS-48Reports@rrc.texas.gov. After one extension, the Form PS-48 will expire.", "sourceNote": "Source Note: The provisions of this §8.115 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective January 6, 2020, 45 TexReg 121; amended to be effective December 9, 2024, 49 TexReg 9960." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222551", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "B", "label": "REQUIREMENTS FOR ALL PIPELINES" }, "rule": { "number": "§8.125", "label": "Waiver Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and scope. The Commission considers waiver applications to be properly based on a technical inability to comply with the pipeline safety standards set forth in this chapter, related to the specific configuration, location, operating limitations, or available technology for a particular pipeline. Generally, an application for waiver of a pipeline safety rule is site-specific. Cost is generally not a proper objection to compliance by the operator with the pipeline safety standards set forth in this chapter, and a waiver filed simply to avoid the expense of safety compliance is generally not appropriate. An operator shall request a waiver prior to performing any activities that would fall under the waiver.(b) Filing. Any person may apply for a waiver of a pipeline safety rule or regulation by filing an application for waiver with the Division. Upon the filing of an application for waiver of a pipeline safety rule, the Division shall assign a docket number to the application and shall forward it to the director, and thereafter all documents relating to that application shall include the assigned docket number. An application for a waiver is not an acceptable response to a notice of an alleged violation of a pipeline safety rule. The Division shall not assign a docket number to or consider any application filed in response to a notice of violation of a pipeline safety rule.(c) Form. The application shall be typewritten on paper not to exceed 8 1/2 inches by 11 inches and shall have margins of at least one inch. The contents of the application shall appear on one side of the paper and shall be double or one and one-half spaced, except that footnotes and lengthy quotations may be single spaced. Exhibits attached to an application shall be the same size as the application or folded to that size.(d) Content. The application shall contain the following:(1) the name, business address, and telephone number, and facsimile transmission number and electronic mail address, if available, of the applicant and of the applicant's authorized representative, if any;(2) a description of the particular operation for which the waiver is sought;(3) a statement concerning the regulation from which the waiver is sought and the reason for the exception;(4) a description of the facility at which the operation is conducted, including, if necessary, design and operation specifications, monitoring and control devices, maps, calculations, and test results;(5) a description of the acreage and/or address upon which the facility and/or operation that is the subject of the waiver request is located. The description shall:(A) include a plat drawing;(B) identify the site sufficiently to permit determination of property boundaries;(C) identify environmental surroundings;(D) identify placement of buildings and areas intended for human occupancy that could be endangered by a failure or malfunction of the facility or operation;(E) state the ownership of the real property of the site; and(F) state under what legal authority the applicant, if not the owner of the real property, is permitted occupancy;(6) an identification of any increased risks the particular operation would create if the waiver were granted, and the additional safety measures that are proposed to compensate for those risks;(7) a statement of the reason the particular operation, if the waiver were granted, would not be inconsistent with pipeline safety.(8) an original signature, in ink, by the applicant or the applicant's authorized representative, if any; and(9) a list of the names, addresses, and telephone numbers of all affected persons, as defined in §8.5 of this title (relating to Definitions).(e) Notice.(1) The applicant shall send a notice by certified mail, return receipt requested, to all affected persons on the same date of filing the application with the Division. The applicant shall file all return receipts with the Division as proof of notice. The notice shall include:(A) a copy of the application;(B) a description of the nature of the waiver sought;(C) a statement that affected persons have 30 calendar days from the date of the last publication to file written objections or requests for a hearing with the Division;(D) the case number of the application;(E) the mailing address of the Division; and(F) the Division's email address safety@rrc.texas.gov.(2) The applicant shall publish notice of its application for waiver of a pipeline safety rule once a week for two consecutive weeks in the state or local news section of a newspaper of general circulation in the county or counties in which the facility or operation for which the requested waiver is located. The notice shall describe the nature of the waiver sought; shall state that affected persons have 30 calendar days from the date of the last publication to file written objections or requests for a hearing with the Division; and shall include the case number of the application and the mailing address of the Division. Within ten calendar days of the date of last publication, the applicant shall file with the Division a publisher's affidavit from each newspaper in which notice was published as proof of publication of notice. The affidavit shall state the dates on which the notice was published and shall have attached to it the tear sheets from each edition of the newspaper in which the notice was published.(3) The applicant shall give any other notice of the application which the director may require.(f) Protest or support of waiver application.(1) Affected persons shall have standing to object to, support, or request a hearing on an application.(2) A person who objects to, who supports, or who requests a hearing on the application shall file a written objection, statement of support, or request for a hearing with the Division no later than the 30th calendar day after the date the notice of the application was postmarked or the last date the notice was published in the newspaper in the county in which the person owns or occupies property, whichever is later.(3) The objection, statement of support, or request for a hearing shall:(A) state the name, address, and telephone number of the person filing the objection, statement of support, or request for hearing and of every person on whose behalf the objection, statement of support, or request for a hearing is being filed;(B) include a statement of the facts on which the person filing the protest or statement of support relies to conclude that each person on whose behalf the objection, statement of support, or request for a hearing is being filed is an affected person, as defined in §8.5 of this title;(C) include a statement of the nature and basis for the objection to or statement of support for the waiver request; and(D) be filed with the Commission by email to safety@rrc.texas.gov.(g) Division review.(1) The director shall complete the review of the application within 60 calendar days after the application is complete. If an application remains incomplete 12 months after the date the application was filed, such application shall expire and the director shall dismiss without prejudice to refiling.(A) If the director does not receive any objections or requests for a hearing from any affected person, the director may recommend in writing that the Commission grant the waiver if granting the waiver is not inconsistent with pipeline safety. The director shall forward the file, along with the written recommendation that the waiver be granted, to the Hearings Division for the preparation of an order.(B) The director shall not recommend that the Commission grant the waiver if the application was filed to correct an existing violation, to avoid the expense of safety compliance, or filed after the applicant already engaged in activities covered by the proposed waiver. The director shall dismiss with prejudice to refiling an application filed in response to a notice of violation of a pipeline safety rule.(C) If the director declines to recommend that the Commission grant the waiver, the director shall notify the applicant in writing of the recommendation and the reason for it, and shall inform the applicant of any specific deficiencies in the application.(2) If the director declines to recommend that the Commission grant the waiver, and if the application was not filed either to correct an existing violation or solely to avoid the expense of safety compliance, the applicant may either:(A) modify the application to correct the deficiencies and resubmit the application; or(B) file a written request for a hearing on the matter within ten calendar days of receiving notice of the assistant director's written decision not to recommend that the Commission grant the application.(h) Hearings and orders.(1) Within three days of receiving either a timely-filed objection or a request for a hearing, the director shall forward the file to the Hearings Division, which shall set and conduct the hearing in accordance with Chapter 1 of this title (relating to Practice and Procedure).(2) After a hearing, the Commission may grant a waiver of a pipeline safety rule based on a finding or findings in the order that the grant of the waiver is not inconsistent with pipeline safety.(i) Notice to United States Department of Transportation. Upon a Commission order granting a waiver of a pipeline safety rule, the director shall give written notice to the Secretary of Transportation pursuant to the provisions of 49 United States Code Annotated, §60118(d). The Commission's grant of a waiver becomes effective in accordance with the provisions of 49 United States Code Annotated, §60118(d).", "sourceNote": "Source Note: The provisions of this §8.125 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective January 6, 2020, 45 TexReg 121; amended to be effective December 9, 2024, 49 TexReg 9960." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147251", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "B", "label": "REQUIREMENTS FOR ALL PIPELINES" }, "rule": { "number": "§8.130", "label": "Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197770", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Periodic inspection. The Division shall have responsibility for the administration and enforcement of the provisions of this chapter. To this end, the Division shall formulate a plan or program for periodic evaluation of the books, records, and facilities of gas companies and liquids companies operating in Texas on a sampling basis, in order to satisfy the Commission that these companies are in compliance with the provisions of this chapter.(b) Scope of inspection. Upon reasonable notice, the Division or its authorized representative may, at any reasonable time, inspect the books, files, records, reports, supplemental data, other documents and information, plant, property, and facilities of a gas company or a liquids company to ensure compliance with the provisions of this chapter.(c) Company obligations.(1) Each operator, officer, employee, and representative of a gas company or a liquids company operating in Texas shall cooperate with the Division and its authorized representatives in the administration and enforcement of the provisions of this chapter; in the determination of compliance with the provisions of this chapter; and in the investigation of violations, alleged violations, accidents or incidents involving intrastate pipeline facilities.(2) Each operator, officer, employee, and representative of a gas company or a liquids company operating in Texas shall make readily available all company books, files, records, reports, supplemental data, other documents, and information, and shall make readily accessible all company plant, property, and facilities as the Division or its authorized representative may reasonably require in the administration and enforcement of the provisions of this chapter; in the determination of compliance with the provisions of this chapter; and in the investigation of violations, alleged violations, accidents or incidents involving intrastate pipeline facilities.", "sourceNote": "Source Note: The provisions of this §8.130 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective August 30, 2010, 35 TexReg 7743." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197770", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "B", "label": "REQUIREMENTS FOR ALL PIPELINES" }, "rule": { "number": "§8.135", "label": "Penalty Guidelines for Pipeline Safety Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227654", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging operators to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective component of the enforcement process. Deterrence of violations through penalty assessments is also a necessary and effective component of the enforcement process. A rule-based enforcement penalty guideline to evaluate and rank pipeline safety-related violations is consistent with the central goal of the Commission's enforcement efforts to promote compliance. Penalty guidelines set forth in this section will provide a framework for more uniform and equitable assessment of penalties throughout the state, while also enhancing the integrity of the Commission's enforcement program.(b) Only guidelines. This section complies with the requirements of Texas Natural Resources Code, §81.0531(d), and Texas Utilities Code, §121.206(d). The penalty amounts contained in the tables in this section are provided solely as guidelines to be considered by the Commission in determining the amount of administrative penalties for violations of provisions of Texas Natural Resources Code, Title 3, relating to pipeline safety, or of rules, orders or permits relating to pipeline safety adopted under those provisions, and for violations of Texas Utilities Code, Chapter 121, Subchapter E, or a safety standard or other rule prescribed or adopted under that subchapter.(c) Commission authority. The establishment of these penalty guidelines shall in no way limit the Commission's authority and discretion to cite violations and assess administrative penalties. The typical minimum penalties listed in this section are for the most common violations cited; however, this is neither an exclusive nor an exhaustive list of violations that the Commission may cite. The Commission retains full authority and discretion to cite violations of Texas Natural Resources Code, Title 3, relating to pipeline safety, or of rules, orders, or permits relating to pipeline safety adopted under those provisions, and for violations of Texas Utilities Code, Chapter 121, Subchapter E, or a safety standard or other rule prescribed or adopted under that subchapter, and to assess administrative penalties in any amount up to the statutory maximum when warranted by the facts in any case, regardless of inclusion in or omission from this section.(d) Factors considered. The amount of any penalty requested, recommended, or finally assessed in an enforcement action will be determined on an individual case-by-case basis for each violation, taking into consideration the following factors:(1) the person's history of previous violations, including the number of previous violations;(2) the seriousness of the violation and of any pollution resulting from the violation;(3) any hazard to the health or safety of the public;(4) the degree of culpability;(5) the demonstrated good faith of the person charged; and(6) any other factor the Commission considers relevant.(e) Typical penalties. Typical penalties for violations of provisions of Texas Natural Resources Code, Title 3, relating to pipeline safety, or of rules, orders, or permits relating to pipeline safety adopted under those provisions, and for violations of Texas Utilities Code, §121.201, or a safety standard or other rule prescribed or adopted under that provision are set forth in Table 1.Attached Graphic(f) Penalty enhancements for certain violations. For violations that involve threatened or actual pollution; result in threatened or actual safety hazards; or result from the reckless or intentional conduct of the person charged, the Commission may assess an enhancement of the typical penalty, as shown in Table 2. The enhancement may be in any amount in the range shown for each type of violation.Attached Graphic(g) Penalty enhancements for certain violators. For violations in which the person charged has a history of prior violations within seven years of the current enforcement action, the Commission may assess an enhancement based on either the number of prior violations or the total amount of previous administrative penalties, but not both. The actual amount of any penalty enhancement will be determined on an individual case-by-case basis for each violation. The guidelines in Tables 3 and 4 are intended to be used separately. Either guideline may be used where applicable, but not both.Attached GraphicAttached Graphic(h) Penalty reduction for settlement before hearing. The recommended penalty for a violation may be reduced by up to 50% if the person charged agrees to a settlement before the Commission conducts an administrative hearing to prosecute a violation. Once the hearing is convened, the opportunity for the person charged to reduce the basic monetary penalty is no longer available. The reduction applies to the basic penalty amount requested and not to any requested enhancements.(i) Demonstrated good faith. In determining the total amount of any penalty requested, recommended, or finally assessed in an enforcement action, the Commission may consider, on an individual case-by-case basis for each violation, the demonstrated good faith of the person charged. Demonstrated good faith includes, but is not limited to, actions taken by the person charged before the filing of an enforcement action to remedy, in whole or in part, a violation or to mitigate the consequences of a violation.(j) Penalty calculation worksheet. The penalty calculation worksheet shown in Table 5 lists the typical penalty amounts for certain violations; the circumstances justifying enhancements of a penalty and the amount of the enhancement; and the circumstances justifying a reduction in a penalty and the amount of the reduction.Attached Graphic", "sourceNote": "Source Note: The provisions of this §8.135 adopted to be effective February 4, 2009, 34 TexReg 582; amended to be effective August 27, 2012, 37 TexReg 6554; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227654", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.201", "label": "Pipeline Safety and Regulatory Program Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139736", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application of fees. Pursuant to Texas Utilities Code, §121.211, the Commission establishes a pipeline safety and regulatory program fee, to be assessed annually against operators of gas distribution pipelines and pipeline facilities and gas master metered pipelines and pipeline facilities subject to the Commission's jurisdiction under Texas Utilities Code, Title 3. The total amount of revenue estimated to be collected under this section does not exceed the amount the Commission estimates to be necessary to recover the costs of administering the pipeline safety and regulatory programs under Texas Utilities Code, Title 3, excluding costs that are fully funded by federal sources for any fiscal year.(b) Gas distribution systems. The Commission hereby assesses each operator of a gas distribution system an annual pipeline safety and regulatory program fee of $1.00 for each service (service line) in service at the end of each calendar year as reported by each system operator on the U.S. Department of Transportation (DOT) Gas Distribution Annual Report, Form PHMSA F7100.1-1 due on March 15 of each year.(1) Each operator of a gas distribution system shall calculate the annual pipeline safety and regulatory program total to be paid to the Commission by multiplying the $1.00 fee by the number of services listed in Part B, Section 3, of Form PHMSA F7100.1-1, due on March 15 of each year.(2) Each operator of a gas distribution system shall remit to the Commission on March 15 of each year the amount calculated under paragraph (1) of this subsection. Payments shall be made using the Commission's online application available on the Commission's website.(3) Each operator of a gas distribution system shall recover, by a surcharge to its existing rates, the amount the operator paid to the Commission under paragraph (1) of this subsection. The surcharge:(A) shall be a flat rate, one-time surcharge;(B) shall not be billed before the operator remits the pipeline safety and regulatory program fee to the Commission;(C) shall be applied in the billing cycle or cycles immediately following the date on which the operator paid the Commission; (D) shall not exceed $1.00 per service or service line; and(E) shall not be billed to a state agency, as that term is defined in Texas Utilities Code, §101.003.(4) No later than 90 days after the last billing cycle in which the pipeline safety and regulatory program fee surcharge is billed to customers, each operator of a gas distribution system shall file with the Commission's Oversight and Safety Division a report showing:(A) the pipeline safety and regulatory program fee amount paid to the Commission;(B) the unit rate and total amount of the surcharge billed to each customer;(C) the date or dates on which the surcharge was billed to customers; and(D) the total amount collected from customers from the surcharge.(5) Each operator of a gas distribution system that is a utility subject to the jurisdiction of the Commission pursuant to Texas Utilities Code, Chapters 101 - 105, shall file a generally applicable tariff for its surcharge in conformance with the requirements of §7.315 of this title (relating to Filing of Tariffs).(6) Amounts recovered from customers under this subsection by an investor-owned gas distribution system or a cooperatively owned gas distribution system shall not be included in the revenue or gross receipts of the system for the purpose of calculating municipal franchise fees or any tax imposed under Subchapter B, Chapter 182, Tax Code, or under Chapter 122, nor shall such amounts be subject to a sales and use tax imposed by Chapter 151, Tax Code, or Subtitle C, Title 3, Tax Code.(c) Master meter systems. The Commission hereby assesses each master meter system an annual pipeline safety and regulatory program fee of $100 per master meter system.(1) Each operator of a master meter system shall remit to the Commission the annual pipeline safety and regulatory program fee of $100 per master meter system no later than June 30 of each year. Payments shall be made using the Commission's online application available on the Commission's website.(2) The Commission shall send an invoice to each affected master meter system operator no later than April 30 of each year as a courtesy reminder. The failure of a master meter system operator to receive an invoice shall not exempt the master meter system operator from its obligation to remit to the Commission the annual pipeline safety and regulatory program fee on June 30 each year.(3) Each operator of a master meter system shall recover as a surcharge to its existing rates the amounts paid to the Commission under paragraph (1) of this subsection.(4) No later than 90 days after the last billing cycle in which the pipeline safety and regulatory program fee surcharge is billed to customers, each master meter system operator shall file with the Oversight and Safety Division a report showing:(A) the pipeline safety and regulatory program fee amount paid to the Commission;(B) the unit rate and total amount of the surcharge billed to each customer;(C) the date or dates on which the surcharge was billed to customers; and(D) the total amount collected from customers from the surcharge.(d) Late payment penalty. If the operator of a gas distribution system or a master meter system does not remit payment of the annual pipeline safety and regulatory program fee to the Commission within 30 days of the due date, the Commission shall assess a late payment penalty of 10 percent of the total assessment due under subsection (b) or (c) of this section, as applicable, and shall notify the operator of the total amount due to the Commission.", "sourceNote": "Source Note: The provisions of this §8.201 adopted to be\r\neffective September 8, 2003, 28 TexReg 7682; amended to be effective\r\nNovember 24, 2004, 29 TexReg 10733; amended to be effective May 15,\r\n2005, 30 TexReg 2849; amended to be effective December 19, 2005, 30\r\nTexReg 8428; amended to be effective April 18, 2007, 32 TexReg 2136;\r\namended to be effective November 12, 2007, 32 TexReg 8121; amended\r\nto be effective September 21, 2009, 34 TexReg 6446; amended to be\r\neffective August 30, 2010, 35 TexReg 7743; amended to be effective\r\nNovember 14, 2011, 36 TexReg 7663; amended to be effective November\r\n11, 2013, 38 TexReg 7947; amended to be effective January 6, 2020,\r\n45 TexReg 121; amended to be effective December 9, 2024, 49 TexReg\r\n9960; amended to be effective February 25, 2026, 51 TexReg 1051." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139736", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.203", "label": "Supplemental Regulations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197773", "queryAsDate": "03/11/2026" }, "ruleBody": "The following provisions supplement the regulations appearing in 49 CFR Part 192, adopted under §8.1(b) of this chapter (relating to General Applicability and Standards).(1) Section 192.455(b) is supplemented by the following language after the first sentence: \"Tests, investigation, or experience must be backed by documented proof to substantiate results and determinations.\"(2) Section 192.457 is supplemented:(A) by the following language in subsection (b)(3): \"(3) Bare or coated distribution lines. The operator shall determine the areas of active corrosion by electrical survey, or where electrical survey is impractical, by the study of corrosion and leak history records, by leak detection survey, or by other effective means, documented by data substantiating results and determinations\";(B) by adding the following subsection: \"(d) When a condition of active external corrosion is found, positive action must be taken to mitigate and control the effects of the corrosion. Schedules must be established for application of corrosion control. Monitoring effectiveness must be adequate to mitigate and control the effects of the corrosion prior to its becoming a public hazard or endangering public safety.\"(3) Section 192.465 is supplemented:(A) by the following language after the first sentence of subsection (a): \"Test points (electrode locations) used when taking pipe-to-soil readings for determining cathodic protection shall be selected so as to give representative pipe-to-soil readings. Test points (electrode locations) over or near an anode or anodes shall not, by themselves, be considered representative readings\";(B) by the following subsection: \"(f) When leak detection surveys are used to determine areas of active corrosion or re-evaluate unprotected pipelines, the survey frequency must be increased to monitor the corrosion rate and control the condition. The detection equipment used must have sensitivity adequate to detect gas concentration below the lower explosive limit and be suitable for such use.\"(4) Section 192.475(a) is supplemented by the following language at the end: \"Corrosive gas\" means a gas which, by chemical reaction with the pipe to which it is exposed, usually metal, produces a deterioration of the material.\"(5) Section 192.479 is supplemented by the following subsection: \"(d) 'atmospheric corrosion' means aboveground corrosion caused by chemical or electrochemical reaction between a pipe material, usually a metal, and its environment, that produces a deterioration of the material.\"", "sourceNote": "Source Note: The provisions of this §8.203 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197773", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.205", "label": "Written Procedure for Handling Gas Leak Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197774", "queryAsDate": "03/11/2026" }, "ruleBody": "Each gas company shall have written procedures which shall include at a minimum the following provisions:(1) a procedure or method for receiving leak complaints or reports, or both, on a 24-hour, seven day per week basis;(2) a requirement to make and maintain a written record of all calls received and actions taken;(3) a requirement that supervisory review of leak complaints must be completed and documented by 10:00 a.m. of the next business day for calls received by midnight on the previous day;(4) standards for training and equipping personnel used in the investigation of leak complaints or reports, or both;(5) procedures for locating the source of a leak and determining the degree of hazard involved;(6) a chain of command for service personnel to follow if assistance is required in determining the degree of hazard;(7) instructions to be issued by service personnel to customers or the public or both, as necessary, after a leak is located and the degree of hazard determined.", "sourceNote": "Source Note: The provisions of this §8.205 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197774", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.206", "label": "Risk-Based Leak Survey Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136951", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to each operator of a gas distribution system that is subject to the requirements of 49 CFR Part 192.(b) Each operator shall have either a prescriptive or a risk-based program for leak surveys for its pipeline systems that complies with the requirements of this section. Such program shall require a designation on a system by system basis or by segments within each system whether the operator has chosen to use the risk based leak survey program that complies with the requirements of subsections (c) through (f) of this section or the prescriptive leak survey program that complies with the requirements of subsection (g) of this section.(c) Each operator shall create a risk model on which to base its leak survey program to identify those systems or segments within systems that pose the greatest hazard and thus will be inspected for leaks more frequently. The risk model shall identify risk factors and determine the degree of hazard associated with those risk factors. The operator shall establish the leak survey frequency based on the degree of hazard for each system or segment within a system.(d) Each operator shall periodically re-evaluate each pipeline system or system segment and update its leak survey inspection program to address any changes that may be identified through the monitoring of the pipeline system in accordance with the requirements imposed by 49 CFR §192.613 (relating to Continuing Surveillance). Each operator shall not less than every three years at intervals not exceeding 39 months review its leak survey inspection program. Each operator shall review its leak survey inspection program within 30 days in the following circumstances:(1) to add a new system or segment being put into operation; or(2) if, for any system or segment, there has been a ten percent increase in the number of leaks being upgraded or a ten percent increase in the number of unrepaired leaks.(e) Based on the particular circumstances and conditions, an increased frequency beyond that required by 49 CFR §192.723(b)(1) and (2), may be warranted. Surveys should be conducted more frequently in those areas with the greatest potential for leakage and where leakage could be expected to create a hazard. Each operator should consider the following factors in establishing an increased frequency of leakage surveys:(1) pipe location, which means proximity to buildings or other structures and the type and use of the buildings and proximity to areas of concentrations of people;(2) composition and nature of the piping system, which means the age of the pipe, materials, type of facilities, operating pressures, leak history records, and other studies;(3) the corrosion history of the pipeline, which means known areas of significant corrosion or areas where corrosive environments are known to exist, cased crossings of roads, highways, railroads, or other similar locations where there is susceptibility to unique corrosive conditions;(4) environmental factors that affect gas migration, which means conditions that could increase the potential for leakage or cause leaking gas to migrate to an area where it could create a hazard, such as extreme weather conditions or events (significant amounts or extended periods of rainfall, extended periods of drought, unusual or prolonged freezing weather, hurricanes, etc.), particular soil conditions, unstable soil or areas subject to earth movement, subsidence, or extensive growth of tree roots around pipeline facilities that can exert substantial longitudinal force on the pipe and nearby joints; and(5) any other condition known to the operator that has significant potential to initiate a leak or to permit leaking gas to migrate to an area where it could result in a hazard, which could include construction activity near the pipeline, wall-to-wall pavement, trenchless excavation activities (e.g., boring), blasting, large earth-moving equipment, heavy traffic, increase in operating pressure, and other similar activities or conditions.(f) The assignment of inspection priorities is based on the degree of hazard associated with the risk factors assigned to the pipeline system or segments within a system. The determination of leak survey frequency is determined by classifying each pipeline segment based on its degree of hazard associated with each risk factor. Each operator shall establish its own risk ranking for pipeline segments to determine the frequency of leakage surveys. Based on a ranking from high to low, each operator shall schedule leak inspections for a given pipeline system or segment within a system on a time interval necessary to address the risks. The time interval may range from quarterly to every five years.(g) Operators electing to use a prescriptive leak survey program shall conduct leak surveys no less frequently than:(1) Once each calendar year at intervals not exceeding 15 months for all systems within a business district;(2) every five calendar years at intervals not exceeding 63 months for non-business district polyethylene systems or segments within a system;(3) every three calendar years at intervals not exceeding 39 months for all other non-business district cathodically protected steel systems or segments within a system; and(4) every two calendar years at intervals not exceeding 27 months for all other non-business district systems or segments within a system.", "sourceNote": "Source Note: The provisions of this §8.206 adopted to be effective September 1, 2008, 33 TexReg 4868; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136951", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.207", "label": "Leak Grading and Repair" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222553", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and qualifications. Operators shall have until March 1, 2009, to repair Grade 2 leaks identified prior to September 1, 2008, and shall have until September 1, 2011, to repair Grade 3 leaks identified prior to September 1, 2008. For all leaks reported on or after September 1, 2008, operators shall comply with the requirements of this section. (1) The purpose of the leak grading system is to determine the degree or extent of the potential hazard resulting from gas leakage and to prescribe remedial actions. Each operator shall promptly respond to any notification of a gas leak or gas odor or any notification of damage to facilities by excavators or other outside sources. (2) Each operator shall ensure that leak grading is made only by those individuals who possess training, experience, and knowledge in the field of leak classification and investigation, including extensive association with actual leakage work. The judgment of these individuals, based upon all pertinent information and a complete leakage investigation at the scene, shall form the basis for the leak grade determination. Each operator shall ensure that its leak detection equipment is properly calibrated. (b) Grade 1 leaks. (1) A Grade 1 leak is an existing or probable hazard to persons or property and requires the operator to take action immediately to eliminate the hazard and make repairs. A Grade 1 leak includes but is not limited to: (A) any leak which, in the judgment of operating personnel at the scene, is regarded as an immediate hazard; (B) escaping gas that has ignited; (C) any indication of gas, which has migrated into or under a building, or into a tunnel; (D) any reading at the outside wall of a building, or where gas would likely migrate to an outside wall of a building; (E) any reading of 80% lower explosive limit (LEL) or greater in a confined space; (F) any reading of 80% LEL or greater in small substructures, other than gas associated substructures, from which gas would likely migrate to the outside wall of a building; or (G) any leak that can be seen, heard, or felt, and which is in a location that may endanger the general public or property. (2) A Grade 1 leak requires that the operator take prompt action to eliminate the hazardous conditions. The prompt action may require one or more of the following: (A) implementing an emergency plan (49 CFR §192.615); (B) evacuating premises; (C) blocking off an area; (D) rerouting traffic; (E) eliminating sources of ignition; (F) venting the area by removing manhole covers, barholing, installing vent holes, or other means; (G) stopping the flow of gas by closing valves or other means; or (H) notifying emergency responders. (c) Grade 2 leaks. (1) A Grade 2 leak is non-hazardous at the time of detection, but requires the operator to schedule repair based on probable future hazard. A Grade 2 leak, because of its location and magnitude, can be scheduled for repair on a normal routine basis with periodic reinspection as necessary. Each operator shall re-evaluate every Grade 2 leak at least once every 30 days until repaired or cleared. (2) Each operator shall repair within six months of detection any leak: (A) with a reading of 40% LEL, or greater, under a sidewalk in a wall-to-wall paved area that does not qualify as a Grade 1 leak; (B) with a reading of 100% LEL, or greater, under a street in a wall-to-wall paved area that has significant gas migration and does not qualify as a Grade 1 Leak; (C) with a reading less than 80% LEL in small substructures (other than gas associated substructures) from which gas would likely migrate creating a probable future hazard; (D) with a reading between 20% LEL and 80% LEL in a confined space; (E) with a reading on a pipeline operating at 30 percent SMYS, or greater, in a class 3 or 4 location, which does not qualify as a Grade 1 leak; (F) with a reading of 80% LEL, or greater, in gas associated substructures; and (G) which, in the judgment of operating personnel at the scene, is of sufficient magnitude to justify scheduled repair. (3) Grade 2 leaks vary greatly in degree of potential hazard. Some Grade 2 leaks, when evaluated by the criteria in this subsection, may require a scheduled repair within the next five working days. Others will require repair within 30 days. In determining the repair priority, each operator shall consider criteria such as the following: (A) the amount and migration of gas; (B) the proximity of gas to buildings and subsurface structures; (C) the extent of pavement; and (D) soil type and conditions, such as frost cap, moisture, and natural venting. (4) Each operator shall take action ahead of ground freezing or other adverse changes in venting conditions with respect to any leak which, under frozen or other adverse soil conditions, would likely allow gas to migrate to the outside wall of a building. (d) Grade 3 leaks. (1) A Grade 3 leak is non-hazardous at the time of detection and reasonably can be expected to remain non-hazardous. Each operator shall repair a Grade 3 leak within 36 months of detection. (2) Each operator shall re-evaluate each Grade 3 leak during the next scheduled survey, or within 15 months of date reported, whichever occurs first, until the leak is cleared, repaired, or re-graded. A leak requiring re-evaluation at periodic intervals includes any reading: (A) of less than 80% LEL in small, gas-associated substructures; (B) under a street in areas without wall-to-wall paving where it is unlikely the gas could migrate to the outside wall of a building; and (C) of less than 20% LEL in a confined space. (e) Post-repair inspections. (1) A leak is considered to be effectively repaired when an operator obtains a gas concentration reading of 0%. (2) For a repaired leak with a gas concentration reading greater than 0% at the time of repair, an operator shall conduct a post-repair leak inspection within 30 days after the repair to determine whether the leak has been effectively repaired. If the second post-repair inspection shows a gas concentration reading greater than 0%, the operator shall continue conducting post-repair leak inspections every 30 days until there is a gas concentration reading of 0%. If after six inspections have been performed the operator is unable to obtain a gas concentration reading of 0%, then the operator shall create a new leak report with a new leak grade determination. (3) Post-repair inspections are not required for leak repairs completed by the replacement or insertion of an entire length of pipe or service line, or for the repair of leakage caused by excavator or third-party damage, provided a complete re-evaluation of the leak area after completion of repairs verifies that no further indications of leakage exist. (4) Remedial measures such as lubrication of valves or tightening of packing nuts on valves which seal leaks are considered to be routine maintenance work and do not require a post-repair inspection. (f) Upgrading. When an operator upgrades a leak to a higher grade, the time period for repair is the remaining time based on its original classification or the time allowed for repair under its new grade, whichever is less. This requirement does not apply to leaks that, at the time of discovery, an operator has classified at a lower grade pending a further, more complete investigation of the leak hazard area. (g) Table. The following table provides a concise reference for leak grading and leak repair deadlines. Attached Graphic", "sourceNote": "Source Note: The provisions of this §8.207 adopted to be effective September 1, 2008, 33 TexReg 4868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222553", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.208", "label": "Mandatory Removal and Replacement Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222554", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective September 1, 2008, this section applies to each operator of a gas distribution system that is subject to the requirements of 49 CFR Part 192.(b) For leaks identified on any underground compression coupling used to mechanically join steel pipe, each operator shall either replace the leaking compression coupling or repair it using a sleeve welded over the compression coupling.(c) Each operator shall repair or replace any compression coupling used to mechanically join steel pipe that is exposed during operation and maintenance activities unless the operator can determine the coupling was installed after 1980.(d) For leaks identified on any underground compression coupling used to mechanically join plastic pipe, each operator shall remove and/or replace the leaking compression coupling.(e) For any other compression coupling used to join plastic pipe that is exposed during operation and maintenance activities, each operator shall:(1) For plastic pipe two inches or less in diameter, replace or remove such coupling unless the operator can determine that the coupling is designated as an ASTM (American Society for Testing and Materials) D2513 Category 1 type fitting.(2) For plastic pipe greater than two inches in diameter, replace or remove such coupling unless the operator can determine that the coupling is designated as an ASTM D2513 Category 1 or Category 3 type fitting.(f) Each operator shall remove and replace all compression couplings at currently known service riser installations, identifiable by a meter number or a street address, if they are not manufactured and installed in accordance with ASTM D2513 for Category 1 fittings.(g) Each operator shall complete the removal and replacement of such compression couplings by November 30, 2009.(h) Any coupling installed on plastic pipe after September 1, 2008, shall be designed to meet the requirements of ASTM D2513 Category 1.(i) Any coupling installed on steel pipe after September 1, 2008, shall be designed to meet the requirements of 49 CFR Part 192, §192.273.(j) Beginning January 15, 2025, and annually thereafter until all compression couplings on the operator's system subject to subsection (f) of this section have been removed and replaced, each operator shall maintain a progress report showing the number of service riser installations checked, the condition of the coupling, and the total number of compression couplings replaced for the prior calendar year. Each operator shall retain this progress report and shall provide a copy of the report to the Commission upon request.", "sourceNote": "Source Note: The provisions of this §8.208 adopted to be effective September 1, 2008, 33 TexReg 4868; amended to be effective December 9, 2024, 49 TexReg 9960." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222554", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.209", "label": "Distribution Facilities Replacements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222555", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless exempted by 49 CFR §192.1003(b), this section applies to each operator of a gas distribution system that is subject to the requirements of 49 CFR Part 192. This section prescribes the minimum requirements by which all operators will develop and implement a risk-based program for the removal or replacement of distribution facilities, including steel service lines, in such gas distribution systems. The risk-based program will work in conjunction with the Distribution Integrity Management Program (DIMP) using scheduled replacements to manage identified risks associated with the integrity of distribution facilities.(b) Each operator must make joints on below-ground piping that meets the following requirements:(1) Joints on steel pipe must be welded or designed and installed to resist longitudinal pullout or thrust forces per 49 CFR §192.273.(2) Joints on plastic pipe must be fused or designed and installed to resist longitudinal pullout or thrust forces per ASTM D2513-Category 1.(c) Each operator must establish written procedures for implementing the requirements of this section. Each operator must develop a risk-based program to determine the relative risks and their associated consequences within each pipeline system or segment. Each operator that determines that steel service lines are the greatest risk must conduct the steel service line leak repair analysis set forth in subsection (d) of this section and use the prescriptive model in subsection (f) of this section for the replacement of those steel service lines.(d) In developing its risk-based program, each operator must develop a risk analysis using data collected under its DIMP and the data submitted on the PS-95 to determine the risks associated with each of the operator's distribution systems and establish its own risk ranking for pipeline segments and facilities to determine a prioritized schedule for service line or facility replacement. The operator must support the analysis with data, collected to validate system integrity, that allow for the identification of segments or facilities within the system that have the highest relative risk ranking or consequence in the event of a failure. The operator must identify in its risk-based program the distribution piping, by segment, that poses the greatest risk to the operation of the system. In addition, each operator that determines that steel service lines are the greatest risk must conduct a steel service line leak repair analysis to determine the leak repair rate for steel service lines. The leak repair rate for below-ground steel service lines is determined by dividing the annualized number of below-ground leaks repaired on steel service lines (excluding third-party leaks and leaks on steel service lines removed or replaced under this section) by the total number of steel service lines as reported on PHMSA Form F 7100.1-1, the Gas Distribution System Annual Report. Each operator that determines that steel service lines are the greatest risk must conduct the steel service line leak repair analysis using the most recent three calendar years of data reported to the Commission on Form PS-95.(e) Each operator must create a risk model that will identify by segment those lines that pose the highest risk ranking or consequence of failure. The determination of risk is based on the degree of hazard associated with the risk factors assigned to the pipeline segments or facilities within each of the operator's distribution systems. The priority of service line or facility replacement is determined by classifying each pipeline segment or facility based on its degree of hazard associated with each risk factor. Each operator must establish its own risk ranking for pipeline segments or facilities to determine the priority for necessary service line or facility replacements. Each operator should include the following factors in developing its risk analysis:(1) pipe location, including proximity to buildings or other structures and the type and use of the buildings and proximity to areas of concentrations of people;(2) composition and nature of the piping system, including the age of the pipe, materials, type of facilities, operating pressures, leak history records, prior leak grade repairs, and other studies;(3) corrosion history of the pipeline, including known areas of significant corrosion or areas where corrosive environments are known to exist, cased crossings of roads, highways, railroads, or other similar locations where there is susceptibility to unique corrosive conditions;(4) environmental factors that affect gas migration, including conditions that could increase the potential for leakage or cause leaking gas to migrate to an area where it could create a hazard, such as extreme weather conditions or events (significant amounts or extended periods of rainfall, extended periods of drought, unusual or prolonged freezing weather, hurricanes, etc.); particular soil conditions; unstable soil; or areas subject to earth movement, subsidence, or extensive growth of tree roots around pipeline facilities that can exert substantial longitudinal force on the pipe and nearby joints; and(5) any other condition known to the operator that has significant potential to initiate a leak or to permit leaking gas to migrate to an area where it could result in a hazard, including construction activity near the pipeline, wall-to-wall pavement, trenchless excavation activities (e.g., boring), blasting, large earth-moving equipment, heavy traffic, increase in operating pressure, and other similar activities or conditions.(f) This subsection applies to operators that determine under subsection (c) of this section that steel service lines are the greatest risk. Based on the results of the steel service line leak repair analysis under subsection (d) of this section, each operator must categorize each segment and complete the removal and replacement of steel service lines by segment according to the risk ranking established pursuant to subsection (e) of this section as follows:(1) a segment with an annualized steel service line leak rate of 5% or greater but less than 7.5% is a Priority 1 segment and an operator must remove or replace no less than 10% of the original inventory per year; and(2) a segment with an annualized steel service line leak rate of less than 5% is a Priority 2 segment. An operator is not required to remove or replace any Priority 2 segments; however, upon discovery of a leak on a Priority 2 segment, the operator must remove or replace rather than repair those lines except as outlined in subsection (g) of this section.(g) For those steel service lines that must remain in service because of specific operational conditions or requirements, each operator must determine if an integrity risk exists on the segment, and if so, must replace the segment with steel as part of the integrity management plan.(h) All replacement programs require a minimum annual replacement of 8% of the pipeline segments or facilities posing the greatest risk in the system and identified for replacement pursuant to this section. Each operator with steel service lines subject to subsection (f) of this section must establish a schedule for the replacement of steel service lines or other distribution facilities according to the risk ranking established as part of the operator's risk-based program and must submit the schedule to the Division for review and approval or amendment under subsection (c) of this section.(i) In conjunction with the filing of the pipeline safety and regulatory program fee pursuant to §8.201 of this title (relating to Pipeline Safety and Regulatory Program Fees) and no later than March 15 of each year, each operator must file with the Division:(1) by System ID, a list of the steel service line or other distribution facilities replaced during the prior calendar year; and(2) the operator's proposed work plan for removal or replacement for the current calendar year, the implementation of which is subject to review and amendment by the Division. Each operator must notify the Division of any revisions to the proposed work plan and, if requested, provide justification for such revision. Within 45 days after receipt of an operator's proposed revisions to its risk-based plan and work plan, the Division will notify the operator either of the acceptance of the risk-based program and work plan or of the necessary modifications to the risk-based program and work plan.(j) Each operator of a gas distribution system that is subject to the requirements of §7.310 of this title (relating to System of Accounts) may use the provisions of this subsection to account for the investment and expense incurred by the operator to comply with the requirements of this section.(1) The operator may:(A) establish one or more designated regulatory asset accounts in which to record any expenses incurred by the operator in connection with acquisition, installation, or operation (including related depreciation) of facilities that are subject to the requirements of this section;(B) record in one or more designated plant accounts capital costs incurred by the operator for the installation of facilities that are subject to the requirements of this section;(C) record interest on the balance in the designated distribution facility replacement accounts using a monthly interest rate equal to one-twelfth of the pretax weighted average cost of capital last approved for the utility by the Commission;(D) reduce balances in the designated distribution facility replacement accounts by the amounts that are included in and recovered though rates established in a subsequent Statement of Intent filing or other rate adjustment mechanism; and(E) use the presumption set forth in §7.503 of this title (relating to Evidentiary Treatment of Uncontroverted Books and Records of Gas Utilities) with respect to investment and expense incurred by a gas utility for distribution facilities replacement made pursuant to this section.(2) This subsection does not render any final determination of the reasonableness or necessity of any investment or expense.(k) A distribution gas pipeline facility operator shall not install as a part of the operator's underground system a cast iron, wrought iron, or bare steel pipeline. A distribution gas pipeline facility operator shall replace any known cast iron pipelines installed as part of the operator's underground system not later than December 31, 2021.", "sourceNote": "Source Note: The provisions of this §8.209 adopted to be effective March 14, 2011, 36 TexReg 1658; amended to be effective November 14, 2011, 36 TexReg 7663; amended to be effective January 6, 2020, 45 TexReg 121; amended to be effective December 9, 2024, 49 TexReg 9960." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222555", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.210", "label": "Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169371", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Incident report.(1) Telephonic report. At the earliest practical moment but no later than one hour following confirmed discovery, a gas company shall notify the Commission by telephone of any event that involves a release of gas from its pipelines defined as an incident in 49 CFR §191.3. The telephonic report shall be made to the Commission's 24-hour emergency line at (512) 463-6788 and shall include the following:(A) the operator or gas company's name;(B) the location of the incident;(C) the time of the incident;(D) the number of fatalities and/or personal injuries;(E) the phone number of the operator;(F) the telephone number of the operator's on-site person; and(G) any other significant facts relevant to the incident. Ignition, explosion, rerouting of traffic, evacuation of any building, and media interest are included as significant facts.(2) This paragraph applies to each operator of a gas distribution system that is subject to the requirements of 49 CFR Part 192. Such operator shall also provide the following information to the Division when the information is known by the operator:(A) the cost of gas lost;(B) estimated property damage to the operator and others;(C) any other significant facts relevant to the incident; and(D) other information required under federal regulations to be provided to the Pipeline and Hazardous Materials Safety Administration or a successor agency after a pipeline incident or similar incident.(3) Written report.(A) Following the initial telephonic report for incidents described in paragraph (1) of this subsection, the operator shall retain its records and provide to the Commission upon request the applicable written reports submitted to the Department of Transportation. Operators of gas gathering pipelines regulated by §8.110 (relating to Gathering Pipelines) shall file with the Commission within 30 calendar days after the date of the telephonic report a written report on an incident described in paragraph (1) of this subsection utilizing the applicable form from the Department of Transportation.(B) The written report is not required to be submitted for master metered systems.(C) The Commission may require an operator to submit a written report for an incident not otherwise required to be reported.(b) Pipeline safety annual reports. Each gas company shall retain the annual report for its intrastate systems in the same manner as required by 49 CFR Part 191. A gas company shall provide a copy of the annual report to the Commission upon request.(c) Safety related condition reports. Each gas company shall submit to the Division in writing a safety-related condition report for any condition outlined in 49 CFR 191.23.(d) Offshore pipeline condition report. Within 60 days of completion of underwater inspection, each operator shall file with the Division a report of the condition of all underwater pipelines subject to 49 CFR 192.612(a). The report shall include the information required in 49 CFR 191.27.(e) Leak Reporting. For purposes of this subsection, the term \"leak\" includes all underground leaks, all hazardous above ground leaks, and all non-hazardous above ground leaks that cannot be eliminated by lubrication, adjustment, or tightening. Each operator of a gas distribution system shall submit to the Division a list of all leaks repaired on its pipeline facilities. Each such operator shall list all leaks identified on all pipeline facilities. Each such operator shall also include the number of unrepaired leaks remaining on the operator's systems by leak grade. Each such operator shall submit leak reports by July 15 and January 15 of each calendar year, in accordance with the PS-95 Semi-Annual Leak Report Electronic Filing Requirements using the Commission's online application available on the Commission's website. The report submitted on July 15 shall include information from the previous January 1 through the previous June 30. The report submitted on January 15 shall include information from the previous July 1 through the previous December 31. All operators shall submit a PS-95 Semi Annual Leak Report every July 15 and January 15, even if there are no pending or repaired leaks during the reporting time period. The report includes:(1) leak location;(2) facility type;(3) leak classification;(4) pipe size;(5) pipe type;(6) leak cause; and(7) leak repair method.(f) The Commission shall retain state records regarding a pipeline incident perpetually. \"State record\" has the meaning assigned by Texas Government Code §441.180.", "sourceNote": "Source Note: The provisions of this §8.210 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective May 15, 2005, 30 TexReg 2849; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective April 25, 2017, 42 TexReg 2166; amended to be effective January 6, 2020, 45 TexReg 121; amended to be effective December 9, 2024, 49 TexReg 9960." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169371", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.215", "label": "Odorization of Gas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117841", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Odorization of gas.(1) Each gas company shall continuously odorize gas by the use of a malodorant agent as set forth in this section unless the gas contains a natural malodor or is odorized prior to delivery by a supplier.(2) Unless required by 49 CFR Part 192.625(B) or by this section, odorization is not required for:(A) gas in underground or other storage;(B) gas used or sold primarily for use in natural gasoline extraction plants, recycling plants, chemical plants, carbon black plants, industrial plants, or irrigation pumps; or(C) gas used in lease and field operation or development or in repressuring wells.(3) Gas shall be odorized by the user if:(A) the gas is delivered for use primarily in one of the activities or facilities listed in paragraph (2) of this subsection and is also used in one of those activities for space heating, refrigeration, water heating, cooking, and other domestic uses; or(B) the gas is used for furnishing heat or air conditioning for office or living quarters.(4) In the case of lease users, the supplier shall ensure that the gas will be odorized before being used by the consumer.(b) Odorization equipment. Gas companies shall use commercially available odorization equipment in any installation made on or after February 4, 2009. Shop-made or other odorization equipment previously approved by the Commission and in use as of February 4, 2009, may continue to be used in its current service, but may not be re-installed in a different location. Each operator shall be required to maintain a list of odorization equipment used in its particular operations, including the location of the odorization equipment, the brand name, model number, and the date last serviced. The list shall be available for review during safety evaluations by the Division.(c) Malodorants. Gas companies shall use commercially available malodorants which shall meet the following criteria.(1) The malodorant when blended with gas in the amount specified for adequate odorization of the gas shall not be deleterious to humans or to the materials present in a gas system and shall not be soluble in water to a greater extent than 2 1/2 parts by weight of malodorant to 100 parts by weight of water.(2) The products of combustion from the malodorant shall be nontoxic to humans breathing air containing the products of combustion and the products of combustion shall not be corrosive or harmful to the materials to which such products of combustion would ordinarily come in contact.(3) The malodorant agent to be introduced in the gas, or the natural malodor of the gas, or the combination of the malodorant and the natural malodor of the gas shall have a distinctive malodor so that when gas is present in air at a concentration of one-fifth of the lower explosive limit, the malodor is readily detectable by an individual with a normal sense of smell.(4) The level of natural malodor or the injection rate of approved malodorant shall be sufficient to achieve the requirement of paragraph (3) of this subsection.(d) Malodorant tests and reports.(1) Malodorant injection report. Each gas company shall record as frequently as necessary to maintain adequate odorization but not less than once each quarter the following malodorant information for all odorization equipment, except farm tap odorizers. The required information shall be recorded and retained in the company's files:(A) odorizer location;(B) brand name and model of odorizer;(C) name of malodorant, concentrate, or dilute;(D) quantity of malodorant at beginning of month/quarter;(E) amount added during month/quarter;(F) quantity at end of month/quarter;(G) MMcf of gas odorized during month/quarter; and(H) injection rate per MMcf.(2) Each natural gas operator shall check, test, and service farm tap odorizers at intervals not exceeding 15 months, but at least once each calendar year. Each gas company shall maintain records to reflect the date of service and maintenance on file for at least two years.(e) Malodorant concentration tests and reports.(1) Each gas company shall conduct the following concentration tests on the gas supplied through its facilities and required to be odorized. Test points shall be distant from odorizing equipment, so as to be representative of the odorized gas in the system. Tests shall be performed at intervals not exceeding 15 months, but at least once each calendar year or at such other times as the Division may reasonably require. The results of these tests shall be recorded and retained in each company's files for at least two years. Malodorant concentration test results shall include the following:(A) odorizer name and location;(B) malodorant concentration meter make, model, and serial number;(C) date test performed, test time, odorizer tested, and distance from odorizer;(D) test results indicating percent gas in air when malodor is readily detectable; and(E) signature of person performing the test.(2) Wick-type farm tap odorizers shall be exempt from the odorization equipment reporting requirements of paragraph (1)(B) of this subsection.(3) Gas companies that obtain gas into which malodorant previously has been injected or gas which is considered to have a natural malodor and therefore do not odorize the gas themselves shall be required to conduct quarterly malodorant concentration tests and retain records for a period of two years.", "sourceNote": "Source Note: The provisions of this §8.215 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective October 6, 2014, 39 TexReg 7916." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117841", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.220", "label": "Master Metered Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197777", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Compliance with minimum standards required. Master meter operators shall comply with the minimum safety standards in 49 CFR Part 192.(b) Leakage survey. Each master meter operator shall conduct a leakage survey on the system every two years, using leak detection equipment.(c) Overpressure equipment. Natural gas suppliers shall be responsible for installation and inspection of overpressure equipment at those master meter locations where 10 or more consumers are served low pressure gas.", "sourceNote": "Source Note: The provisions of this §8.220 adopted to be effective November 24, 2004, 29 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197777", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.225", "label": "Plastic Pipe Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197778", "queryAsDate": "03/11/2026" }, "ruleBody": "An operator shall retain its records relating to plastic pipe installation in accordance with 49 CFR Part 192 and shall provide such records to the Commission upon request.", "sourceNote": "Source Note: The provisions of this §8.225 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197778", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.230", "label": "School Piping Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197779", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement the requirements of Texas Utilities Code, §§121.5005 - 121.507, relating to the testing of natural gas piping systems in school facilities.(b) Procedures. Natural gas suppliers shall develop procedures for:(1) receiving written notice from a person responsible for a school facility specifying the date and result of each test as provided by subsection (c) of this section.(2) terminating natural gas service to a school facility in the event that:(A) the natural gas supplier receives notification of a hazardous natural gas leak in the school facility piping system pursuant to this rule; or(B) the natural gas supplier does not receive written notification specifying the date that testing has been completed on a school facility as provided by subsection (c) of this section, and the results of such testing.(3) A natural gas supplier may rely on a written notification complying with this rule as proof that a school facility is in compliance with Texas Utilities Code, §§121.5005 - 121.507, and this rule.(4) A natural gas supplier shall have no duty to inspect a school facility for compliance with Texas Utilities Code, §§121.5005 - 121.507.(c) Testing.(1) A natural gas piping pressure test performed under a municipal code in compliance with paragraphs (4) and (5) of this subsection shall satisfy the testing requirements.(2) A pressure test to determine if the natural gas piping in each school facility will hold at least normal operating pressure shall be performed as follows:(A) School facility pipe testing includes all gas piping from the outlet of the purchase meter to each inlet valve of each appliance.(B) For systems on which the normal operating pressure is less than 0.5 psig, the test pressure shall be 5 psig and the time interval shall be 30 minutes.(C) For systems on which the normal operating pressure is 0.5 psig or more, the test pressure shall be 1.5 times the normal operating pressure or 5 psig, whichever is greater, and the time interval shall be 30 minutes.(D) A pressure test using normal operating pressure shall be utilized only on systems operating at 5 psig or greater, and the time interval shall be one hour.(3) The testing shall be conducted by:(A) a licensed plumber;(B) a qualified employee or agent of the school who is regularly employed as or acting as a maintenance person or maintenance engineer; or(C) a person exempt from the plumbing license law as provided in Texas Occupations Code, Chapter 1301.(4) The testing of public school facilities shall occur as follows:(A) for school facilities tested prior to the beginning of the 1997-1998 school year, at least once every two years thereafter before the beginning of the school year;(B) for school facilities not tested prior to the beginning of the 1997-1998 school year, as soon as practicable thereafter but prior to the beginning of the 1998-1999 school year and at least once every two years thereafter before the beginning of the school year;(C) for school facilities operated on a year-round calendar and tested prior to July 1, 1997, at least once every two years thereafter; and(D) for school facilities operated on a year-round calendar and not tested prior to July 1, 1997, once prior to July 1, 1998, and at least once every two years thereafter.(5) The testing of charter and private school facilities shall occur at least once every two years and shall be performed before the beginning of the school year, except for school facilities operated on a year-round calendar, which shall be tested not later than July 1 of the year in which the test is performed. The initial test of charter and private school facilities shall occur prior to the beginning of the 2003-2004 school year or by August 31, 2003, whichever is earlier.(6) The firm or individual conducting the test shall immediately report any hazardous natural gas leak as follows:(A) in a public school facility, to the board of trustees of the school district and the natural gas supplier; and(B) in a charter or private school facility, to the person responsible for such school facility and the natural gas supplier.(7) The school pipe testing shall be recorded on Railroad Commission Form PS-86.(d) Records. Natural gas suppliers shall maintain for at least two years a listing of the school facilities to which it sells and delivers natural gas as well as copies of the written notification regarding testing, Form PS-86, and hazardous leaks received pursuant to Texas Utilities Code, §§121.5005 - 121.507, and this rule.", "sourceNote": "Source Note: The provisions of this §8.230 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197779", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.235", "label": "Natural Gas Pipelines Public Education and Liaison" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197780", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Liaison activities required. Each operator of a natural gas pipeline or natural gas pipeline facilities or the operator's designated representative shall communicate and conduct liaison activities at intervals not exceeding 15 months, but at least once each calendar year with fire, police, and other appropriate public emergency response officials. The liaison activities are those required by 49 CFR Part 192.615(c)(1) - (4). These liaison activities shall be conducted in person, except as provided by this section.(b) Meetings in person. The operator or the operator's representative may conduct the required community liaison activities as provided by subsection (c) of this section only if the operator or the operator's representative has made an effort to conduct a community liaison meeting in person with the officials by one of the following methods:(1) mailing a written request for a meeting in person to the appropriate officials by certified mail, return receipt requested;(2) sending a request for a meeting in person to the appropriate officials by facsimile transmission; or(3) making one or more telephone calls or e-mail message transmissions to the appropriate officials to request a meeting in person.(4) If a scheduled meeting does not take place, the operator or operator's representative shall make an effort to re-schedule the community liaison meeting in person with the officials using one of the methods in paragraphs (1) - (3) of this subsection before proceeding to arrange a conference call pursuant to subsection (c) of this section.(c) Alternative methods. If the operator or operator's representative cannot arrange a meeting in person after complying with subsection (b) of this section, the operator or the operator's representative shall conduct community liaison activities by one of the following methods:(1) holding a telephone conference with the appropriate officials; or(2) delivering the community liaison information requested to be conveyed by certified mail, return receipt requested.(d) Proximity to public school. Each owner or operator of a natural gas pipeline or natural gas pipeline facility any part of which is located within 1,000 feet of a public school building or public school recreational area shall maintain and upon request file with the Division the following information:(1) the name of the school;(2) the street address of the school; and(3) the identification (system name) of the pipeline.(e) Records. The operator shall maintain records documenting compliance with the liaison activities required by this section. Records of attendance and acknowledgment of receipt by the emergency response officials shall be retained for five years from the date of the event that is commemorated by the record. Records of certified mail and/or telephone transmissions undertaken in compliance with subsections (b) and (c) of this section satisfy the record-keeping requirements of this subsection.", "sourceNote": "Source Note: The provisions of this §8.235 adopted to be effective July 28, 2003, 28 TexReg 5864; amended to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective August 30, 2010, 35 TexReg 7743; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197780", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "C", "label": "REQUIREMENTS FOR GAS PIPELINES ONLY" }, "rule": { "number": "§8.240", "label": "Discontinuance of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197782", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within 30 calendar days following notification from a customer to discontinue gas service at that customer's service location, each operator shall take one of the three steps specified in 49 CFR §192.727(d) unless the operator receives notice within such 30 calendar day time period that service is to be continued at that service location to another customer or an owner or manager of the service location.(1) An extension is granted if the customer account is placed in a soft-close program, which means the operator will close a customer's gas service account, provide the customer with an accurate closing bill, but leave the gas on for the next tenant. A soft-close program may be applied to accounts serving single family residential or individually metered apartment buildings.(2) Accounts that are in a soft-close status shall have an automatic gas turn-off order executed if:(A) the meter registers 50 CCF (5 MCF) or more from the documented soft-close reading; or(B) after 90 days from the customer's notification to discontinue gas service.(b) Each operator shall have a written procedure in its operations and maintenance manual for service discontinuance that includes the requirements of this rule.", "sourceNote": "Source Note: The provisions of this §8.240 adopted to be effective September 8, 2003, 28 TexReg 7685; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197782", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "D", "label": "REQUIREMENTS FOR HAZARDOUS LIQUIDS AND CARBON DIOXIDE PIPELINES ONLY" }, "rule": { "number": "§8.301", "label": "Required Records and Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Accident reports. In the event of any failure or accident involving an intrastate pipeline facility from which any hazardous liquid or carbon dioxide is released, if the failure or accident is required to be reported by 49 CFR §§195.50 or 195.52, the operator shall also report to the Commission as follows.(1) Accidents involving crude oil. In the event of an accident involving crude oil, the operator shall:(A) notify the Division, which shall notify the Commission's appropriate Oil and Gas district office, by telephone to the Commission's emergency line at (512) 463-6788 at the earliest practicable moment but no later than one hour following confirmed discovery of the accident and include the following information:(i) company/operator name;(ii) location of accident;(iii) time and date of accident;(iv) fatalities and/or personal injuries;(v) phone number of operator;(vi) telephone number of operator;(vii) telephone number of the operator's on-site person;(viii) other significant facts relevant to the accident, such as ignition, explosion, rerouting of traffic, evacuation of any building, and media interest; and(B) following the initial telephonic report for accidents described in paragraph (1) of this subsection, the operator shall retain its records and provide to the Commission upon request the applicable written reports submitted to the DOT. Operators of hazardous liquids gathering pipelines regulated by §8.110 of this title (relating to Gathering Pipelines) shall file with the Commission a written report on an accident described in paragraph (1) of this subsection utilizing the applicable form from the DOT within 30 calendar days after the date of the accident.(2) Accidents involving hazardous liquids, other than crude oil, and carbon dioxide. For accidents involving hazardous liquids, other than crude oil, and carbon dioxide, the operator shall:(A) notify the Division of such accident by telephone to the Commission's emergency line at (512) 463-6788 at the earliest practicable moment following confirmed discovery (within one hour) and include the information listed in paragraph (1)(A)(i) - (viii) of this subsection; and(B) within 30 days of discovery of the accident, complete and retain the written report as required by 49 CFR Part 195. An operator shall provide a copy of the accident report to the Commission upon request. Operators of hazardous liquids gathering pipelines regulated by §8.110 of this title shall file with the Commission a written report on an accident described in paragraph (2) of this subsection utilizing the applicable form from the DOT within 30 calendar days after the date of the accident.(b) Annual report. Each operator shall retain the annual report required by 49 CFR Part 195 for its intrastate systems. An operator shall provide a copy of the annual report to the Commission upon request.(c) Safety-related condition reports. Each operator shall submit to the Division in writing a safety-related condition report for any condition specified in 49 CFR Part 195.(d) Facility response plans. An operator required to file an initial or a revised facility response plan, prepared under the Oil Pollution Act of 1990 for all or any part of a hazardous liquid pipeline facility located landward of the coast, with the Department of Transportation is not required to concurrently file the plan with the Commission, but shall retain a copy and provide it to the Commission upon request.", "sourceNote": "Source Note: The provisions of this §8.301 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective April 25, 2017, 42 TexReg 2166; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139677", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "D", "label": "REQUIREMENTS FOR HAZARDOUS LIQUIDS AND CARBON DIOXIDE PIPELINES ONLY" }, "rule": { "number": "§8.305", "label": "Corrosion Control Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147253", "queryAsDate": "03/11/2026" }, "ruleBody": "Operators shall comply or ensure compliance with the following requirements for the installation and construction of new pipeline metallic systems, the relocation or replacement of existing facilities, and the operation and maintenance of steel pipelines.(1) Coatings. All coated pipe used for the transport of hazardous liquids or carbon dioxide shall be electrically inspected prior to placement using coating deficiency (holiday) detectors to check for any faults not observable by visual examination. The holiday detector shall be operated in accordance with manufacturer's instructions and at a voltage level appropriate for the electrical characteristics of the pipeline system being tested.(2) Installation. Joints, fittings, and tie-ins shall be coated with materials compatible with the coatings on the pipe.(3) Cathodic protection test stations. Electrical measurements shall include but are not limited to pipe casing installations and all foreign metallic cathodically protected structures. Readings taken at test stations (electrode locations) over or near one or more anodes shall not, by themselves, be considered representative.(A) All test lead wire attachments and bared test lead wires shall be coated with an electrically insulating material. Where the pipe is coated, the insulation of the test lead wire material shall be compatible with the pipe coating and wire insulation.(B) Cathodic protection systems shall meet or exceed the minimum criteria set forth in Criteria For Cathodic Protection of the most current edition of the National Association of Corrosion Engineers (NACE) Standard RP-01-69.(4) Monitoring and inspection. Each operator shall utilize right-of-way inspections to determine areas where interfering currents are suspected. In the course of these inspections, personnel shall be alert for electrical or physical conditions which could indicate interference from a neighboring source. Whenever suspected areas are identified, the operator shall conduct appropriate electrical tests within six months to determine the extent of interference and take appropriate action.(5) Remedial action. Each operator shall take prompt remedial action to correct any deficiencies observed during monitoring.", "sourceNote": "Source Note: The provisions of this §8.305 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147253", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "D", "label": "REQUIREMENTS FOR HAZARDOUS LIQUIDS AND CARBON DIOXIDE PIPELINES ONLY" }, "rule": { "number": "§8.310", "label": "Hazardous Liquids and Carbon Dioxide Pipelines Public Education and Liaison" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197781", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Liaison activities required. Each operator of a hazardous liquid or carbon dioxide pipeline or pipeline facilities or the operator's designated representative shall communicate and conduct liaison activities at intervals not exceeding 15 months, but at least once each calendar year with fire, police, and other appropriate public emergency response officials. The liaison activities are those required by 49 CFR Part 195.402(c)(12). These liaison activities shall be conducted in person, except as provided by this section.(b) Meetings in person. The operator or the operator's representative may conduct required community liaison activities as provided by subsection (c) of this section only if the operator or the operator's representative has completed one of the following efforts to conduct a community liaison meeting in person with the officials:(1) mailing a written request for a meeting in person to the appropriate officials by certified mail, return receipt requested;(2) sending a request for a meeting in person to the appropriate officials by facsimile transmission; or(3) making one or more telephone calls or e-mail message transmissions to the appropriate officials to request a meeting in person.(4) At any time the operator or operator's representative makes contact with the appropriate officials and schedules a meeting in person, no further attempts to make contact under this section are necessary. However, if a scheduled meeting does not take place, the operator or operator's representative shall make an effort to re-schedule the community liaison meeting in person with the officials using one of the methods in paragraphs (1) - (3) of this subsection before proceeding to arrange a conference call pursuant to subsection (c) of this section.(c) Alternative methods. If the operator or operator's representative cannot arrange a meeting in person after complying with subsection (b) of this section, the operator or the operator's representative shall conduct community liaison activities by one of the following methods:(1) holding a telephone conference with the appropriate officials; or(2) delivering the community liaison information required to be conveyed by certified mail, return receipt requested.(d) Records. The operator shall maintain records documenting compliance with the liaison activities required by this section. Records of attendance and acknowledgment of receipt by the emergency response officials shall be retained for five years from the date of the event that is commemorated by the record. Records of certified mail and/or telephone transmissions undertaken in compliance with subsections (b) and (c) of this section satisfy the record-keeping requirements of this subsection.", "sourceNote": "Source Note: The provisions of this §8.310 adopted to be effective July 28, 2003, 28 TexReg 5864; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective August 30, 2010, 35 TexReg 7743." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197781", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "8", "label": "PIPELINE SAFETY REGULATIONS" }, "subchapter": { "number": "D", "label": "REQUIREMENTS FOR HAZARDOUS LIQUIDS AND CARBON DIOXIDE PIPELINES ONLY" }, "rule": { "number": "§8.315", "label": "Hazardous Liquids and Carbon Dioxide Pipelines or Pipeline Facilities Located Within 1,000 Feet of a Public School Building or Facility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197845", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements of §8.310 of this title (relating to Hazardous Liquids and Carbon Dioxide Pipelines Public Education and Liaison), each owner or operator of each intrastate hazardous liquids pipeline or pipeline facility and each intrastate carbon dioxide pipeline or pipeline facility shall comply with this section.(b) This section applies to each owner or operator of a hazardous liquid or carbon dioxide pipeline or pipeline facility any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of any other public school facility where students congregate.(c) Each pipeline owner and operator to which this section applies shall, for each pipeline or pipeline facility any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of any other public school facility where students congregate, maintain and upon request file with the Division, the following information:(1) the name of the school;(2) the street address of the public school building or other public school facility; and(3) the identification (system name) of the pipeline.(d) Each pipeline owner and operator to which this section applies shall:(1) upon written request from a school district, provide in writing the following parts of a pipeline emergency response plan that are relevant to the school:(A) a description and map of the pipeline facilities that are within 1,000 feet of the school building or facility;(B) a list of any product transported in the segment of the pipeline that is within 1,000 feet of the school facility;(C) the designated emergency number for the pipeline facility operator;(D) information on the state's excavation one-call system; and(E) information on how to recognize, report, and respond to a product release; and(2) mail a copy of the requested items by certified mail, return receipt requested, to the superintendent of the school district in which the school building or facility is located.(e) A pipeline operator or the operator's representative shall appear at a regularly scheduled meeting of the school board to explain the items listed in subsection (c) of this section if requested by the school board or school district.(f) Records. Each owner or operator shall maintain records documenting compliance with the requirements of this section. Records of attendance and acknowledgment of receipt by the school board or school district superintendent shall be retained for five years from the date of the event that is commemorated by the record. Records of certified mail transmissions undertaken in compliance with this section satisfy the record-keeping requirements of this subsection.", "sourceNote": "Source Note: The provisions of this §8.315 adopted to be effective December 3, 2003, 28 TexReg 10749; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective August 30, 2010, 35 TexReg 7743; amended to be effective January 6, 2020, 45 TexReg 121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197845", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.1", "label": "Application of Rules, Severability, and Retroactivity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226946", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The LP-Gas Safety Rules in this chapter apply to the design, installation, and operation of liquefied petroleum gas systems, equipment, and appliances. These standards also apply to truck and railcar loading racks, but do not apply to marine terminals, natural gasoline plants, refineries, tank farms, gas manufacturing plants, plants engaged in processing liquefied petroleum gases, or to railcar loading racks used in connection with these excluded establishments.(1) Subchapter A, General Requirements, applies to various types of LP-gas activities, including licensing, examination, and training requirements.(2) Subchapter B, LP-Gas Installations, Containers, Appurtenances, and Equipment Requirements, applies to proposed and existing LP-gas installations, containers, and equipment, including cylinder exchange racks.(3) Subchapter C, Vehicles, applies to transports and bobtails that deliver LP-gas, and school buses and other vehicles that are powered by LP-gas.(4) Subchapter D, Adoption by Reference of NFPA 54 (National Fuel Gas Code), applies to the adoption by reference of NFPA 54 and specifies additional or alternative requirements from those found in NFPA 54.(5) Subchapter E, Adoption by Reference of NFPA 58 (LP-Gas Code), applies to the adoption by reference of NFPA 58 and specifies additional or alternative requirements from those found in NFPA 58.(b) If any term, clause, or provision of these rules is for any reason declared invalid, the remainder of the provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.(c) Nothing in these rules shall be construed as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring licensure.(d) Unless otherwise stated, the LP-Gas Safety Rules in this chapter are not retroactive. Any installation of an LP-gas system, containers, and appliances shall meet the requirements of this chapter at the time of installation.(e) As stated in Texas Natural Resources Code, Chapter 113, any LP-gas container with a water capacity of one gallon or less, or any LP-gas piping system, or appliance attached or connected to such a container is exempt from the LP-Gas Safety Rules in this chapter, including any adopted NFPA pamphlets. For the purpose of consistency, the figure of 4.20 lb is the equivalent of one gallon of LP-gas.(f) This chapter shall not apply to vehicles and fuel supply containers that:(1) are manufactured or installed by original equipment manufacturers; and(2) comply with Title 49, Code of Federal Regulations, the Federal Motor Vehicle Safety Standards.(g) Vehicles and fuel supply containers excluded from the requirements of this chapter pursuant to subsection (f) of this section shall comply with the requirements of §9.203 of this title (relating to School Bus, Public Transportation, Mass Transit, and Special Transit Vehicle Installations and Inspections), and the Commission's exception to NFPA 58, Chapter 11, in Table 1 in §9.403 of this title relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional Requirements.", "sourceNote": "Source Note: The provisions of this §9.1 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective July 28, 2003, 28 TexReg 5867; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226946", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197847", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the definitions in any adopted NFPA pamphlets, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) AFS--The Commission's Alternative Fuels Safety Department within the Commission's Oversight and Safety Division.(2) Aggregate water capacity (AWC)--The sum of all individual container capacities measured by weight or volume of water which are placed at a single installation location.(3) Bobtail driver--An individual who operates an LP-gas cargo tank motor vehicle of 5,000 gallons water capacity or less in metered delivery service.(4) Breakaway--The accidental separation of a hose from a cylinder, container, transfer equipment, or dispensing equipment, which could occur on a cylinder, container, transfer equipment, or dispensing equipment whether or not they are protected by a breakaway device.(5) Certificate holder--An individual:(A) who has passed the required management-level qualification examination, pursuant to §9.10 of this title (relating to Rules Examination);(B) who has passed the required employee-level qualification examination pursuant to §9.10 of this title;(C) who holds a current reciprocal examination exemption pursuant to §9.18 of this title (relating to Reciprocal Examination Agreements with Other States);(D) who holds a current examination exemption certificate pursuant to §9.13 of this title (relating to General Installers and Repairman Exemption); (E) who holds a current Dispenser Operations certificate exemption pursuant to §9.20 of this title (relating to Dispenser Operations Certificate Exemption); or(F) who holds an alternative license or a recognition by AFS of an out-of-state license pursuant to §9.14 of this title (relating to Military Licensing and Fee Exemption) and is in compliance with renewal requirements in §9.9 of this chapter (relating to Requirements for Certificate Holder Renewal).(6) Certified--Authorized to perform LP-gas work as set forth in the Texas Natural Resources Code. Employee certification alone does not allow an individual to perform those activities which require licensing.(7) CETP--The Certified Employee Training Program offered by the Propane Education and Research Council (PERC), the National Propane Gas Association (NPGA), or their authorized agents or successors. (8) Commercial installation--An LP-gas installation located on premises other than a single family dwelling used as a residence, including but not limited to a retail business establishment, school, bulk storage facility, convalescent home, hospital, cylinder exchange operation, service station, forklift refueling facility, private motor/mobile fuel cylinder filling operation, a microwave tower, or a public or private agricultural installation.(9) Commission--The Railroad Commission of Texas.(10) Company representative--The individual designated to the Commission by a license applicant or a licensee as the principal individual in authority and, in the case of a licensee other than a Category P licensee, actively supervising the conduct of the licensee's LP-gas activities.(11) Container delivery unit--A vehicle used by an operator principally for transporting LP-gas in cylinders.(12) Continuing education--Courses required to be successfully completed at least every four years by certificate holders to maintain certification.(13) Director--The director of AFS or the director's delegate.(14) DOT--The United States Department of Transportation.(15) Employee--An individual who renders or performs any services or labor for compensation, including individuals hired on a part-time or temporary basis, on a full-time or permanent basis, and owner-employees.(16) Interim approval order--The authority issued by the Railroad Commission of Texas following a public hearing allowing construction of an LP-gas installation.(17) Leak grades--An LP-gas leak that is:(A) a Grade 1 leak that represents an existing or probable hazard to persons or property, and requires immediate repair or continuous action until the conditions are no longer hazardous; or(B) a Grade 2 leak that is recognized as being nonhazardous at the time of detection, but requires a scheduled repair based on a probable future hazard.(18) Licensed--Authorized by the Commission to perform LP-gas activities through the issuance of a valid license.(19) Licensee--A person which has applied for and been granted an LP-gas license by the Commission, or who holds a master or journeyman plumber license from the Texas State Board of Plumbing Examiners or a Class A or B Air Conditioning and Refrigeration Contractors License from the Texas Department of Licensing and Regulation and has properly registered with the Commission.(20) LP-Gas Safety Rules--The rules adopted by the Railroad Commission in the Texas Administrative Code, Title 16, Part 1, Chapter 9, including any NFPA or other documents adopted by reference. The official text of the Commission's rules is that which is on file with the Secretary of State's office and available at the Secretary of State's web site or the Commission's web site.(21) LP-gas system--All piping, fittings, valves, and equipment, excluding containers and appliances, that connect one or more containers to one or more appliances that use or consume LP-gas.(22) Mass transit vehicle--Any vehicle which is owned or operated by a political subdivision of a state, city, or county, used primarily in the conveyance of the general public.(23) Mobile fuel container--An LP-gas container mounted on a vehicle to store LP-gas as the fuel supply to an auxiliary engine other than the engine to propel the vehicle or for other uses on the vehicle.(24) Mobile fuel system--An LP-gas system, excluding the container, to supply LP-gas as a fuel to an auxiliary engine other than the engine to propel the vehicle or for other uses on the vehicle.(25) Motor fuel container--An LP-gas container mounted on a vehicle to store LP-gas as the fuel supply to an engine used to propel the vehicle.(26) Motor fuel system--An LP-gas system, excluding the container, which supplies LP-gas to an engine used to propel the vehicle.(27) Noncorrosive--Corrosiveness of gas which does not exceed the limitation for Classification 1 of ASTM International (ASTM) Copper Strip Classifications when tested in accordance with ASTM D 1834-64, \"Copper Strip Corrosion of Liquefied Petroleum (LP) Gases.\"(28) Nonspecification unit--An LP-gas transport not constructed to DOT MC-330 or MC-331 specifications but which complies with the exemption in 49 Code of Federal Regulations §173.315(k). (See also \"Specification unit\" in this section.)(29) Operations supervisor--The individual who is certified by the Commission to actively supervise a licensee's LP-gas activities and is authorized by the licensee to implement operational changes.(30) Outlet--A site operated by an LP-gas licensee from which any regulated LP-gas activity is performed.(31) Outside instructor--An individual, other than a Commission employee, approved by AFS to teach certain LP-gas training or continuing education courses.(32) Person--An individual, partnership, firm, corporation, joint venture, association, or any other business entity, a state agency or institution, county, municipality, school district, or other governmental subdivision, or licensee, including the definition of \"person\" as defined in the applicable sections of 49 CFR relating to cargo tank hazardous material regulations.(33) Portable cylinder--A receptacle constructed to DOT specifications, designed to be moved readily, and used for the storage of LP-gas for connection to an appliance or an LP-gas system. The term does not include a cylinder designed for use on a forklift or similar equipment.(34) Property line--The boundary which designates the point at which one real property interest ends and another begins.(35) Public transportation vehicle--A vehicle for hire to transport persons, including but not limited to taxis, buses (excluding school buses and mass transit or special transit vehicles), or airport courtesy vehicles.(36) Recreational vehicle--A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle.(37) Registered manufacturer--A person who has applied for and been granted a registration to manufacture LP-gas containers by the Commission.(38) Rules examination--The Commission's written examination that measures an examinee's working knowledge of Chapter 113 of the Texas Natural Resources Code and/or the current rules in this chapter.(39) School--A public or private institution which has been accredited through the Texas Education Agency or the Texas Private School Accreditation Commission.(40) School bus--A vehicle that is sold or used for purposes that include carrying students to and from school or related events.(41) Self-service dispenser--A listed device or approved equipment in a structured cabinet for dispensing and metering LP-gas between containers that must be accessed by means of a locking device such as a key, card, code, or electronic lock, and which is operated by a certified employee of an LP-gas licensee or an ultimate consumer trained by an LP-gas licensee.(42) Service station--An LP-gas installation that, for retail purposes, operates a dispensing station and/or conducts cylinder filling activities.(43) Special transit vehicle--A vehicle designed with limited passenger capacity which is used by a mass transit authority for special transit purposes, such as transport of mobility impaired persons.(44) Specification unit--An LP-gas transport constructed to DOT MC-330 or MC-331 specifications. (See also \"Nonspecification unit\" in this section.)(45) Subframing--The attachment of supporting structural members to the pads of a container, excluding welding directly to or on the container.(46) Trainee--An individual who has not yet taken and passed an employee-level rules examination.(47) Training--Courses required to be successfully completed as part of an individual's requirements to obtain or maintain certain certificates.(48) Transfer system--All piping, fittings, valves, pumps, compressors, meters, hoses, bulkheads, and equipment utilized in transferring LP-gas between containers.(49) Transport--Any bobtail or semitrailer equipped with one or more containers.(50) Transport driver--An individual who operates an LP-gas trailer or semi-trailer equipped with a container of more than 5,000 gallons water capacity.(51) Transport system--Any and all piping, fittings, valves, and equipment on a transport, excluding the container.(52) Ultimate consumer--A person who buys a product to use rather than for resale.", "sourceNote": "Source Note: The provisions of this §9.2 adopted to\r\nbe effective February 1, 2001, 26 TexReg 947; amended to be effective\r\nMay 28, 2001, 26 TexReg 3742; amended to be effective September 10,\r\n2001, 26 TexReg 6883; amended to be effective August 25, 2003, 28\r\nTexReg 6831; amended to be effective September 1, 2005, 30 TexReg\r\n4810; amended to be effective May 1, 2006, 31 TexReg 3532; amended\r\nto be effective February 12, 2007, 32 TexReg 519; amended to be effective\r\nFebruary 1, 2008, 33 TexReg 122; amended to be effective December\r\n24, 2012, 37 TexReg 9913; amended to be effective January 4, 2016,\r\n41 TexReg 238; amended to be effective January 6, 2020, 45 TexReg\r\n127; amended to be effective July 18, 2022, 47 TexReg 4119; amended\r\nto be effective December 8, 2025, 50 TexReg 7883." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197847", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.3", "label": "LP-Gas Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197848", "queryAsDate": "03/11/2026" }, "ruleBody": "Forms required to be filed with AFS shall be those prescribed by the Commission. A complete set of all required forms shall be posted on the Commission's web site. Notice of any new or amended forms shall be issued by the Commission. A person may file the prescribed form on paper or use any electronic filing process. The Commission may accept an earlier version of a prescribed form, provided that it contains all required information.", "sourceNote": "Source Note: The provisions of this §9.3 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective May 28, 2001, 26 TexReg 3742; amended to be effective March 31, 2003, 28 TexReg 2741; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 28, 2009, 34 TexReg 9405; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197848", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.4", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197849", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Records. Each LP-gas licensee, registered manufacturer, or other registrant shall retain:(1) records of pressure tests and leakage tests for at least five years;(2) a copy of all documentation submitted for an exception to an LP-gas rule pursuant to §9.27 of this title (relating to Application for an Exception to a Safety Rule), including the AFS director's memorandum granting the exception, for as long as the exception is in use; and(3) a copy of all customer records for at least five years.(b) Periodic inspection. AFS shall formulate a plan or program for periodic evaluation or inspection of records and facilities owned, operated, or serviced by LP-gas licenses, registered manufacturers, or other registrants for the purpose of verifying compliance with this chapter.(c) Scope of inspection. During normal business hours, an authorized representative of the Commission may, at any reasonable time, inspect the files, records, reports, documents, equipment, transports, and facilities of an LP-gas licensee for the purpose of verifying compliance with this chapter.(d) Licensee, registered manufacturer, and other registrant obligations.(1) A registrant, officer, employee, or representative of an LP-gas licensee shall cooperate with the Commission and its authorized representatives in the administration and enforcement of the provisions in this chapter, in the determination of compliance with the provisions of this chapter, and in the investigation of violations, complaints alleging violations, and accidents or incidents involving LP-gas.(2) A registrant, officer, employee, or representative of an LP-gas licensee shall make readily available all files, records, reports, documents and information, and shall make readily accessible all company equipment, property, and facilities as the Commission or its authorized representative may reasonably require in the administration and enforcement of this chapter, and in the investigation of violations, complaints alleging violations, and accidents or incidents involving LP-gas.(3) Upon request by an authorized representative of the Commission, an LP-gas licensee's officer, employee, or representative, or a registrant shall provide copies of records, files, reports, documents, and information for administration and enforcement of this chapter.", "sourceNote": "Source Note: The provisions of this §9.4 adopted to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197849", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.5", "label": "Effect of Safety Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209526", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by subsections (c) and (d) of this section, the Commission may not approve an application for a license, an exemption, or a manufacturer registration, or their associated renewals, under this chapter if the applicant has violated a statute or Commission rule, order, license, permit, or certificate that relates to safety. If a person who holds a position of ownership or control in the applicant has held a position of ownership or control in another person during the seven years preceding the date on which the application is filed and during that period of ownership or control the other person violated a statute or Commission rule, order, license, registration, permit, or certificate that relates to safety, then that violation will be attributed to the applicant. Regardless of whether the person's name appears or is required to appear on an application, a person holds a position of ownership or control in an applicant if the person is:(1) an officer, director, general partner, sole owner, or trustee of, or the owner of at least 25 percent of the beneficial interest in the applicant; or(2) the applicant and has been determined by a final judgment or final administrative order to have exerted actual control over the applicant.(b) An applicant has committed a violation described by subsection (a) of this section if:(1) a final judgment or final administrative order finding the violation has been entered against the applicant and all appeals have been exhausted; or(2) the Commission and the applicant have entered into an agreed order relating to the alleged violation.(c) Notwithstanding subsection (a) of this section, the Commission shall approve an application for a license, an exemption, or a manufacturer registration under this chapter if all of the following conditions, if applicable, are met:(1) the conditions that constituted the violation have been corrected or are being corrected in accordance with a schedule to which the Commission and the applicant have agreed;(2) all administrative, civil, and criminal penalties have been paid or are being paid in accordance with a payment schedule to which the Commission and the applicant have agreed; and(3) the application complies with all other requirements of law and Commission rules.(d) The Commission may issue a license, exemption, or manufacturer registration to an applicant described by subsection (a) of this section for a term specified by the Commission if the license, exemption, or manufacturer registration is necessary to remedy a violation of law or Commission rules.(e) If the Commission is prohibited by subsection (a) of this section from approving an application for a license, an exemption, or a manufacturer registration, then the Commission, after notice and opportunity for a hearing, by order may refuse to renew or may revoke a license, an exemption, or a manufacturer registration issued under this chapter.(1) In determining whether to refuse to renew or to revoke a person's license, exemption, or manufacturer registration under this subsection, the Commission shall consider the person's history of previous violations, the seriousness of previous violations, any hazard to the health or safety of the public, and the demonstrated good faith of the person.(2) If the Commission issues a refusal or revocation under this subsection, the Commission shall provide the applicant with a written statement explaining the reason for the denial.(3) An order issued under this subsection must provide the applicant a reasonable period to comply with the judgment or order finding the violation before the order takes effect.(4) The Commission's refusal to renew or revocation of a person's license, exemption, or manufacturer registration under this subsection does not relieve the person of any existing or future duty under law, rules, or license, or registration conditions.(5) On refusal to renew or revocation of a person's license, exemption, or manufacturer registration under this subsection, the person may not perform any activities under the jurisdiction of the Commission under this chapter, except as necessary to remedy a violation of law or Commission rules and as authorized by the Commission under a license, an exemption, or a manufacturer registration issued under subsection (d) of this section.(6) A fee tendered in connection with an application that is denied under this section is nonrefundable.(7) The Commission may not revoke or refuse to renew a license, an exemption, or a manufacturer registration under this subsection if the Commission finds that the applicant, licensee, registered manufacturer, or other registrant has fulfilled the conditions set out in subsection (c) of this section.", "sourceNote": "Source Note: The provisions of this §9.5 adopted to be effective December 19, 2005, 30 TexReg 8428; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209526", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.6", "label": "License Categories, Container Manufacturer Registration, and Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209527", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A prospective licensee may apply to AFS for one or more licenses specified in subsection (b) of this section. Beginning June 1, 2020, a prospective container manufacturer may apply to AFS for a container manufacturer registration specified in subsection (d) of this section. Prior to June 1, 2020, container manufacturers must be licensed as Category A, A1, or A2 in order to manufacture containers in the state of Texas. Fees required to be paid shall be those established by the Commission and in effect at the time of application or renewal and shall be paid at the time of application or renewal.(b) The license categories and fees are as follows.(1) A Category A license for container assembly and repair authorizes the assembly, repair, installation, subframing, testing, and sale of ASME or DOT LP-gas containers, including LP-gas motor or mobile fuel containers and systems, and the repair and installation of transport and transfer systems. A Category A license includes all activities covered by a Category A1 and Category A2 license. The original license fee is $1,000; the renewal fee is $600.(2) A Category A1 license for ASME container assembly and repair authorizes the assembly, repair, installation, testing, and sale of ASME containers, including LP-gas motor or mobile fuel containers and systems, and the repair and installation of transport and transfer systems. The original license fee is $1,000; the renewal fee is $600.(3) A Category A2 license for U.S. Department of Transportation (DOT) container assembly and repair authorizes the assembly, repair, installation, subframing, testing, and sale of LP-gas DOT containers, including LP-gas motor or mobile fuel containers and systems, and the repair and installation of transport and transfer systems. The original license fee is $1,000; the renewal fee is $600.(4) A Category B license for transport outfitters authorizes the subframing, testing, and sale of LP-gas transport containers, the testing of LP-gas storage containers, the installation, testing, and sale of LP-gas motor or mobile fuel containers and systems, and the installation and repair of transport systems and motor or mobile fuel systems. The original license fee is $400; the renewal fee is $200.(5) A Category C license for carriers authorizes the transportation of LP-gas by transport, including the loading and unloading of LP-gas, and the installation and repair of transport systems. The original license fee is $1,000; the renewal fee is $300.(6) A Category D license for general installers and repairmen authorizes the sale, service, and installation of containers, and the service, installation, and repair of piping and appliances. A Category D license does not authorize the installation of motor fuel containers, motor fuel systems, recreational vehicle containers, or recreational vehicle systems. The original license fee is $100; the renewal fee is $70. Persons with certain licenses issued by the Texas State Board of Plumbing Examiners or the Texas Department of Licensing and Regulation may register with AFS as described in §9.13 of this title (relating to General Installers and Repairman Exemption).(7) A Category E license for retail and wholesale dealers authorizes the storage, sale, transportation, and distribution of LP-gas at retail and wholesale dealers, and all other activities included in this section, except the manufacture, fabrication, assembly, repair, subframing, and testing of LP-gas containers, and except the sale and installation of LP-gas motor or mobile fuel systems that service an engine with a rating of more than 25 horsepower. The original license fee is $750; the renewal is $300.(8) A Category F license for cylinder filling authorizes the operation of a cylinder filling facility, including cylinder filling, the sale of LP-gas in cylinders, and the replacement of cylinder valves. The original license fee is $100; the renewal fee is $50.(9) A Category G license for dispensing stations authorizes the operation of LP-gas dispensing stations filling ASME containers designed for motor or mobile fuel. The original license fee is $100; the renewal is $50.(10) A Category H license for cylinder dealers authorizes the transportation and sale of LP-gas in cylinders. The original license fee is $1,000; the renewal is $300.(11) A Category I license for service stations and cylinder filling authorizes any cylinder activity set out in Category F and dispensing station operations set out in paragraph (9) of this subsection. A Category I license does not authorize the transportation of LP-gas. The original license fee is $150; the renewal is $70.(12) A Category J license for service stations and cylinder facilities authorizes the operation of a cylinder filling facility, including cylinder filling and the sale, transportation, installation, and connection of LP-gas in cylinders, the replacement of cylinder valves, and the operation of an LP-gas service station as set out in Category G. The original license fee is $1,000; the renewal is $300.(13) A Category K license for distribution systems authorizes the sale and distribution of LP-gas through mains or pipes, and the installation and repair of LP-gas systems. The original license fee is $1,000; the renewal is $300.(14) A Category L license for engine and mobile fuel authorizes the sale and installation of LP-gas motor or mobile fuel containers, and the sale and installation of LP-gas motor or mobile fuel systems over 25 horsepower. The original license fee is $100; the renewal is $50.(15) A Category M license for recreational vehicle installers and repairmen authorizes the sale, service, and installation of recreational vehicle containers, and the installation, repair, and service of recreational vehicle appliances, piping, and LP-gas systems, including recreational vehicle motor or mobile fuel systems and containers. The original license fee is $100; the renewal is $70.(16) A Category N license for manufactured housing installers and repairmen authorizes the service and installation of containers that supply fuel to manufactured housing, and the installation, repair, and service of appliances and piping systems for manufactured housing. The original license fee is $100; the renewal is $70.(17) A Category O license for testing laboratories authorizes the testing of LP-gas containers, LP-gas motor fuel systems or mobile fuel systems, transfer systems, and transport systems for the purpose of determining the safety of the containers or systems for LP-gas service, including the necessary installation, disconnection, reconnection, testing, and repair of LP-gas motor fuel systems or mobile fuel systems, transfer systems, and transport systems involved in the testing of containers. The original license fee is $400; the renewal is $100.(18) A Category P license for portable cylinder exchange authorizes the operation of a portable cylinder exchange service, where the sale of LP-gas is within a portable cylinder with an LP-gas capacity not to exceed 21 pounds, where the portable cylinders are not filled on site, and where no other LP-gas activity requiring a license is conducted. The original license fee is $100; the renewal fee is $50.(c) A military service member, military veteran, or military spouse shall be exempt from the original license fee pursuant to the requirements in §9.14 of this title (relating to Military Fee Exemption). An individual who receives a military fee exemption is not exempt from renewal or transport registration fees specified in §9.7 and §9.202 of this title (relating to Applications for Licenses, Manufacturer Registrations, and Renewals; and Registration and Transfer of LP-Gas Transports or Container Delivery Units, respectively).(d) A container manufacturer registration authorizes the manufacture, assembly, repair, subframing, testing and sale of LP-gas containers. The original registration fee is $1,000; the renewal fee is $600.(e) Repair to a US DOT cylinder or cargo tank is defined in 49 CFR §§180.203, 180.403 and 180.413. Changes made to or maintenance of a cylinder or cargo tank excluded from the definition of repair in 49 CFR §§180.203, 180.403 and 180.413 do not require a license.", "sourceNote": "Source Note: The provisions of this §9.6 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 4, 2016, 41 TexReg 238; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209527", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.7", "label": "Applications for Licenses, Manufacturer Registrations, and Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209528", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to complying with NFPA 54 §4.1, no person may engage in any LP-gas activity until that person has obtained a license from the Commission authorizing the LP-gas activities, except as follows:(1) A person is exempt from licensing under Texas Natural Resources Code §113.081(b) but is required to obtain a license before engaging in any LP-gas activities in commerce or in business.(2) A state agency or institution, county, municipality, school district, or other governmental subdivision is exempt from licensing requirements as provided by §113.081(g) if the entity is performing LP-gas activities on its own behalf but is required to obtain a license if performing LP-gas activities for or on behalf of a second party.(3) An original manufacturer of a new motor vehicle powered by LP-gas, or a subcontractor of a manufacturer who produces a new LP-gas powered motor vehicle for the manufacturer is not subject to licensing requirements but shall comply with all other rules in this chapter.(4) An ultimate consumer is not subject to licensing requirements if performing LP-gas activities dealing only with the ultimate consumer; however, a license is required to register a transport, bobtail, or cylinder delivery unit. An ultimate consumer's license does not require a fee or a company representative.(b) An applicant for license shall not engage in any LP-gas activities until it has employed a company representative who meets the requirements of §9.17 of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors), or for Category D applicants only, who meets the requirements of §9.17 of this title or has obtained a General Installers and Repairman Exemption as specified in §9.13 of this title (relating to General Installers and Repairman Exemption).(c) Licensees, registered manufacturers, company representatives, and operations supervisors at each outlet shall have copies of all current licenses and/or manufacturer registrations and certificates for employees at that location available for inspection during regular business hours. In addition, licensees and registered manufacturers shall maintain a current version of the rules in this chapter and shall provide access to these rules for each company representative and operations supervisor. The rules shall also be available to employees during business hours.(d) Licenses and manufacturer registrations issued under this chapter expire one year after issuance at midnight on the last day of the month prior to the month in which they are issued.(e) If a license or registration expires, the person shall immediately cease LP-gas activities.(f) An applicant for a new license shall submit to AFS:(1) a properly completed LPG Form 1 listing all names under which LP-gas related activities requiring licensing are to be conducted and the applicant's properly qualified company representative and the following forms or documents as applicable:(A) LPG Form 1A if the applicant will operate any outlets pursuant to subsection (g) of this section;(B) LPG Form 7 and any information requested in §9.202 of this title (relating to Registration and Transfer of LP-Gas Transports or Container Delivery Units) if the applicant intends to register any LP-gas transports or container delivery units;(C) LPG Form 19 if the applicant will be transferring the operation of an existing bulk plant, service station, cylinder filling, or portable cylinder exchange rack installation from another licensee;(D) any form required to comply with §9.26 of this title (relating to Insurance and Self-Insurance Requirements);(E) a copy of the current certificate of account status if required by §9.21 of this title (relating to Franchise Tax Certification and Assumed Name Certificates); and/or(F) copies of the assumed name certificates if required by §9.21 of this title; and(2) payment for all applicable fees. If the applicant submits the payment by mail, the payment shall be in the form of a check or money order. If the applicant pays the applicable fee online, the applicant shall submit a copy of the online receipt via mail, email, or fax.(g) A licensee shall submit LPG Form 1A listing all outlets operated by the licensee.(1) The licensee shall employ at each outlet an operations supervisor who meets the requirements of §9.17 of this title.(2) Each outlet shall be listed on the licensee's renewal as specified in subsection (k) of this section.(h) Beginning June 1, 2020, a prospective container manufacturer may apply to AFS to manufacture LP-gas containers in the state of Texas. Beginning June 1, 2020, a person shall not engage in the manufacture of LP-gas containers in this state unless that person has obtained a container manufacturer's registration as specified in this subsection.(1) Applicants for container manufacturer registration shall file with AFS LPG Form 1M, and any of the following applicable forms or documents:(A) any form required by §9.26 of this title;(B) a copy of current certificate of account status if required by §9.21 of this title;(C) copies of the assumed name certificates if required by §9.21 of this title;(D) a copy of current DOT authorization. A registered manufacturer shall not continue to operate after the expiration date of the DOT authorization; and/or(E) a copy of current ASME Code, Section VIII certificate of authorization or \"R\" certificate. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the manufacturer may request in writing an extension of time not to exceed 60 calendar days past the expiration date. The request for extension shall be received by AFS prior to the expiration date of the ASME certificate of authorization referred to in this section, and shall include a letter or statement from ASME that the agency is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A registered manufacturer shall not continue to operate after the expiration date of an ASME certificate of authorization until the manufacturer files a current ASME certificate of authorization with AFS or AFS grants a temporary exception.(2) By filing LPG Form 1M, the applicant certifies that it has read the requirements of this chapter and shall comply with all applicable rules, regulations and adopted standards.(3) The required fee shall accompany LPG Form 1M. An original registration fee is $1,000; the renewal fee is $600.(A) If submitted by mail, payment shall be by check, money order, or printed copy of an online receipt.(B) If submitted by email or fax, payment shall be a copy of an online receipt.(4) If a manufacturer registration expires or lapses, the person shall immediately cease the manufacture, assembly, repair, testing and sale of LP-gas containers in Texas.(i) Applications for license or registration must include a 24-hour emergency telephone number.(j) AFS will review an application for license or registration to verify all requirements have been met.(1) If errors are found or information is missing on the application or other documents, AFS will notify the applicant of the deficiencies in writing.(2) The applicant must respond with the required information and/or documentation within 30 days of the written notice. Failure to respond by the deadline will result in withdrawal of the application.(3) If all requirements have been met, AFS will issue the license or manufacturer registration and send the license or registration to the licensee or manufacturer, as applicable.(k) For license and manufacturer registration renewals:(1) AFS shall notify the licensee or registered manufacturer in writing at the address on file with AFS of the impending license or manufacturer registration expiration at least 30 calendar days before the date the license or registration is scheduled to expire.(2) The renewal notice shall include copies of applicable LPG Forms 1, 1A, and 7, or LPG Form 1M showing the information currently on file.(3) The licensee or registered manufacturer shall review and return all renewal documentation to AFS with any necessary changes clearly marked on the forms. The licensee or registered manufacturer shall submit any applicable fees with the renewal documentation.(4) Failure to meet the renewal deadline set forth in this section shall result in expiration of the license or manufacturer registration.(5) If a person's license or manufacturer registration expires, that person shall immediately cease performance of any LP-gas activities authorized by the license or registration.(6) If a person's license or manufacturer registration has been expired for 90 calendar days or fewer, the person shall submit a renewal fee that is equal to 1 1/2 times the renewal fee in §9.6 of this title (relating to License Categories, Container Manufacturer Registration, and Fees).(7) If a person's license or manufacturer registration has been expired for more than 90 calendar days but less than one year, the person shall submit a renewal fee that is equal to two times the renewal fee.(8) If a person's license or manufacturer registration has been expired for one year or more, that person shall not renew but shall comply with the requirements for issuance of an original license or manufacturer registration under subsection (f) or (h) of this section.(9) After verification that the licensee or registered manufacturer has met all requirements for licensing or manufacturer registration, AFS shall renew the license or registration and send the applicable authorization to the licensee or manufacturer.(l) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination. The person shall pay to AFS a fee that is equal to two times the renewal fee required by §9.6 of this title.(1) As a prerequisite to licensing pursuant to this provision, the person shall submit, in addition to an application for licensing, proof of having been in practice and licensed in good standing in another state continuously for the two years immediately preceding the filing of the application;(2) A person licensed under this provision shall be required to comply with all requirements of licensing other than the examination requirement, including but not limited to the insurance requirements as specified in §9.26 of this title and the continuing education and training requirements as specified in §9.51 of this title (relating to General Requirements for LP-Gas Training and Continuing Education), and §9.52 of this title (relating to Training and Continuing Education).(m) Applicants for license or license renewal in the following categories shall comply with these additional requirements:(1) An applicant for a Category B or O license or renewal shall file with AFS a properly completed LPG Form 505 certifying that the applicant will follow the testing procedures indicated. The company representative designated on the licensee's LPG Form 1 shall sign LPG Form 505.(2) An applicant for Category A, A2, B, or O license or renewal who tests tanks, subframes LP-gas cargo tanks, or performs other activities requiring DOT registration shall file with AFS a copy of any applicable current DOT registrations. Such registration shall comply with Title 49, Code of Federal Regulations, Part 107 (Hazardous Materials Program Procedures), Subpart F (Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and Repairers and Cargo Tank Motor Vehicle Assemblers).(3) An applicant for Category A, A1 or O license or renewal who repairs or tests ASME containers shall file with AFS a copy of its current ASME Code, Section VIII certificate of authorization or \"R\" certificate. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the manufacturer may request in writing an extension of time not to exceed 60 calendar days past the expiration date. The request for extension shall be received by AFS prior to the expiration date of the ASME certificate of authorization referred to in this section, and shall include a letter or statement from ASME that the agency is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A registered manufacturer shall not continue to operate after the expiration date of an ASME certificate of authorization until the manufacturer files a current ASME certificate of authorization with AFS or AFS grants a temporary exception.", "sourceNote": "Source Note: The provisions of this §9.7 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 12, 2007, 32 TexReg 519; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209528", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.8", "label": "Requirements and Application for a New Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197853", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to complying with NFPA 58, §§4.4 and 11.2, no person shall perform work, directly supervise LP-gas activities, or be employed in any capacity requiring contact with LP-gas unless:(1) that individual is a certificate holder who is:(A) in compliance with all applicable training and continuing education requirements in §9.51 and §9.52 of this title (relating to General Requirements for LP-Gas Training and Continuing Education, and Training and Continuing Education, respectively);(B) in compliance with renewal requirements in §9.9 of this title (relating to Requirements for Certificate Holder Renewal); and(C) employed by a licensee or a license-exempt entity in accordance with §9.7 of this title (relating to Applications for Licenses, Manufacturer Registrations, and Renewals) or holds a current examination exemption pursuant to §9.13 of this title (relating to General Installers and Repairman Exemption); or(2) that individual is a trainee who complies with §9.12 of this title (relating to Trainees).(b) Any individual, including an ultimate consumer, using an LP-gas transport on a public roadway must obtain a certificate.(c) An applicant for a new certificate shall:(1) file with AFS a properly completed LPG Form 16 and the applicable nonrefundable rules examination fee specified in §9.10 of this title (relating to Rules Examination);(2) pass the applicable rules examination with a score of at least 75%; and(3) complete any required training in §9.51 and §9.52 of this title.(d) An applicant for a new Dispenser Operations certificate exemption shall comply with the requirements of §9.20 of this title (relating to Dispenser Operations Certificate Exemption).(e) An individual who holds an employee-level certificate who wishes to obtain a management-level certificate shall comply with the requirements of this section, including training and fees.", "sourceNote": "Source Note: The provisions of this §9.8 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective May 28, 2001, 26 TexReg 3742; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 138; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197853", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.9", "label": "Requirements for Certificate Holder Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to maintain active status, certificate holders shall renew their certificate annually as specified in this section.(b) AFS shall notify licensees of any of their employees' pending renewal deadlines and shall notify the individual if not employed by a licensee, in writing, at the address on file with AFS no later than March 15 of a year for the May 31 renewal date of that year.(c) Certificate holders shall remit the nonrefundable $35 annual certificate renewal fee to AFS on or before May 31 of each year. Individuals who hold more than one certificate shall pay only one annual renewal fee.(1) Failure to pay the nonrefundable annual renewal fee by the deadline shall result in a lapsed certificate.(A) To renew a lapsed certificate, the individual shall pay the nonrefundable $35 annual renewal fee plus a nonrefundable $20 late-filing fee. Failure to do so shall result in the expiration of the certificate.(B) If an individual's certificate lapses or expires, that individual shall immediately cease performance of any LP-gas activities authorized by the certificate.(C) If an individual's certificate has been expired for more than two years from May 31 of the year in which the certificate lapsed, that individual shall comply with the requirements in §9.8 of this title (relating to Requirements and Application for New Certificate) or §9.13 of this title.(2) Upon receipt of the annual renewal fee and any late-filing fee, AFS shall verify that all applicable requirements have been met. After verification, AFS shall renew the certificate and send a copy of the certificate, or exemption card, if applicable, and the individual may continue or resume LP-gas activities authorized by that certificate.(d) Certificate holders shall successfully complete the continuing education requirements as specified in §9.51 and §9.52 of this title (relating to General Requirements for LP-Gas Training and Continuing Education, and Training and Continuing Education) to maintain active status.(1) Failure to comply with the continuing education requirements by the assigned deadline shall result in a lapsed certificate.(2) If a certificate lapses as specified in paragraph (1) of this subsection, the individual shall pay the $20 late fee.(3) If an individual's certificate lapses or expires, that individual shall immediately cease performance of any LP-gas activities authorized by the certificate.(4) If an individual's certificate has been expired for more than two years, that individual shall comply with the requirements in §9.8 or §9.13 of this title.(e) Individuals renewing a certificate under §9.13 of this title must maintain a valid master or journeyman plumbers license or Class A or B Air Conditioning and Refrigeration Contractors license to renew their Commission certificate.(f) Individuals renewing a certificate issued through reciprocal agreement under §9.18 of this title (relating to Reciprocal Examination Agreement with Other States) must maintain a valid certification in the state of original certification to renew their Commission certificate.", "sourceNote": "Source Note: The provisions of this §9.9 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective August 25, 2003, 28 TexReg 6831; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective March 1, 2006, 31 TexReg 843; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226947", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.10", "label": "Rules Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197855", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual who passes the applicable rules examination with a score of at least 75% will become a certificate holder. AFS will send a certificate to the licensee listed on LPG Form 16. If a licensee is not listed on the form, AFS will send the certificate to the individual's personal address.(1) Successful completion of any examination shall be credited to and accrue to the individual.(2) An individual who has been issued a certificate shall make the certificate readily available and shall present it to any Commission employee or agent who requests proof of certification.(b) An applicant for examination shall bring to the exam site:(1) a completed LPG Form 16; and(2) payment of the applicable fee specified in subsection (c) of this section. (c) An individual who files LPG Form 16 and pays the applicable nonrefundable examination fee may take the rules examination(1) Dates and locations of available Commission LP-gas examinations may be obtained on the Commission's web site. Examinations may be administered:(A) at the Commission's AFS Training Center in Austin;(B) at other designated locations around the state; and(C) through an online testing or proctoring service.(2) Individuals or companies may request in writing that examinations be given in their area. AFS shall schedule examinations at its discretion.(3) Except in a case where a conditional qualification has been requested in writing and approved under §9.17(g) of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors), the Category E, F, G, I, and J management-level rules examination shall be administered only in conjunction with the Category E, F, G, I, and J management-level courses of instruction. Management-level rules examinations other than Category E, F, G, I, and J may be administered on any scheduled examination day. (4) Exam fees. (A) The nonrefundable management-level rules examination fee is $70.(B) The nonrefundable employee-level rules examination fee is $40.(C) The nonrefundable examination fee shall be paid each time an individual takes an examination.(D) Individuals who register and pay for a Category E, F, G, I, or J training course as specified in §9.51(j)(2)(A) of this title (relating to General Requirements for LP-Gas Training and Continuing Education) shall pay the charge specified for the applicable examination. (E) A military service member, military veteran, or military spouse shall be exempt from the examination fee pursuant to the requirements in §9.14 of this title (relating to Military Licensing and Fee Exemption). (F) Beginning September 1, 2022, individuals who register for an examination to be administered by a testing or proctoring service shall pay any fee required by the testing or proctoring service in addition to paying the examination fee to the Commission.(5) Time limits.(A) An applicant shall complete the examination within the time limit specified in this paragraph.(i) The Category E management-level (closed book), Bobtail employee-level (open book), and Service and Installation employee-level (open book) examinations shall be limited to three hours.(ii) All other management-level and employee-level examinations shall be limited to two hours.(B) The examination proctor shall be the official timekeeper. (C) An examinee shall submit the examination and the answer sheet to the examination proctor before or at the end of the established time limit for an examination.(D) The examination proctor shall mark any answer sheet that was not completed within the time limit.(6) The Commission may offer employee-level LP-Gas Transport Driver, DOT Cylinder Filling, and Motor/Mobile Fuel Dispensing examinations in Spanish or English.(d) This subsection specifies the examinations offered by the Commission.(1) Employee-level examinations.(A) The Bobtail Driver examination qualifies an individual to operate a bobtail, to perform all of the LP-gas activities authorized by the Transport Driver, DOT Cylinder Filler, and Motor/Mobile Fuel Filler examinations, and to perform leak checks and pressure tests, light appliances, and adjust regulators and thermocouples. The Bobtail Driver examination does not authorize an individual to connect or disconnect containers, except when performing a pressure test or removing a container from service.(B) The Transport Driver examination qualifies an individual to operate an LP-gas transport equipped with a container of more than 5,000 gallons water capacity, to load and unload LP-gas, and connect and disconnect transfer hoses. The Transport Driver examination does not authorize an individual to operate a bobtail or to install or repair transport systems.(C) The On-Road Motor Fuel Technician examination qualifies an individual to install LP-gas motor fuel containers, cylinders, and LP-gas motor fuel systems, and replace container valves on motorized vehicles licensed to operate on public roadways. The On-Road Motor Fuel Technician examination does not authorize an individual to fill LP-gas motor or mobile fuel containers.(D) The Non-Road Motor Fuel Technician examination qualifies an individual to install LP-gas motor fuel containers, cylinders, and LP-gas motor fuel systems, and replace container valves on vehicles such as industrial forklift trucks and lawnmowers. The Non-Road Motor Fuel Technician examination does not authorize an individual to fill LP-gas motor fuel containers or cylinders.(E) The Mobile Fuel Technician examination qualifies an individual to install LP-gas mobile fuel containers, cylinders, and LP-gas mobile fuel systems, and replace container valves on mobile fuel equipment such as trailers, catering trucks, mobile kitchens, tar kettles, hot oil units, auxiliary engines and similar equipment. The Mobile Fuel Technician examination does not authorize an individual to fill LP-gas mobile fuel containers or cylinders.(F) The DOT Cylinder Filler examination qualifies an individual to inspect, requalify, fill, disconnect and connect cylinders, including industrial truck cylinders, and to exchange cylinder valves. The DOT Cylinder Filler examination does not authorize an individual to fill ASME motor or mobile fuel containers.(G) The Recreational Vehicle Technician examination qualifies an individual to install LP-gas motor or mobile fuel containers, including cylinders, and to install and repair LP-gas systems and appliances on recreational vehicles. The Recreational Vehicle Technician examination does not authorize an individual to fill LP-gas containers.(H) The Service and Installation Technician examination qualifies an individual to perform all LP-gas activities related to stationary LP-gas systems, including LP-gas containers, appliances, and stationary engines. The Service and Installation Technician examination does not authorize an individual to fill containers or operate an LP-gas transport.(I) The Appliance Service and Installation Technician examination qualifies an individual to perform all LP-gas activities related to appliances, including installing, repairing and converting appliances, installing and repairing connectors from the appliance gas stop through the venting system, and to perform leak checks on the new or repaired portion of an LP-gas system. The Appliance Service and Installation Technician examination does not authorize an individual to install a container, install or repair piping upstream of and including the appliance gas stop, or to install, repair or adjust regulators.(J) The Motor/Mobile Fuel Filler examination qualifies an individual to inspect and fill motor or mobile fuel containers on vehicles, including recreational vehicles, cars, trucks, and buses. The Motor/Mobile Fuel Filler examination does not authorize an individual to fill LP-gas cylinders or ASME stationary containers.(2) Management-level examinations.(A) The Category A examination qualifies an individual to assemble, repair, install, subframe, test, and sell both ASME and DOT containers and cylinders, including motor or mobile fuel containers and systems, and to repair and install transport and transfer systems.(B) The Category A-1 examination qualifies an individual to assemble, repair, install, test, and sell ASME containers, including motor or mobile fuel containers and systems, and to repair and install transport and transfer systems.(C) The Category A-2 examination qualifies an individual to assemble, repair, install, subframe, test, and sell DOT cylinders.(D) The Category B examination qualifies an individual to subframe, test, and sell transport containers; test LP-gas storage containers; install, test, and sell LP-gas motor or mobile fuel containers and systems; and install and repair transport systems and motor or mobile fuel systems.(E) The Category C examination qualifies an individual to transport LP-gas in a transport equipped with one or more containers, load and unload LP-gas, and install and repair transport systems.(F) The Category D examination qualifies an individual to sell, service, and install containers, and to service, install, and repair piping and appliances, excluding motor fuel containers, motor fuel systems, recreational vehicle containers, or recreational vehicle systems.(G) The Category E examination qualifies an individual to store, sell, transport and distribute LP-gas and perform all other categories of licensed activities except the manufacture, fabrication, assembly, repair, subframing, and testing of LP-gas containers and the sale and installation of LP-gas motor or mobile fuel systems rated at more than 25 horsepower.(H) The Category F examination qualifies an individual to operate a cylinder-filling facility, including cylinder filling, the sale of LP-gas in cylinders, and the replacement of cylinder valves.(I) The Category G examination qualifies an individual to operate an LP-gas dispensing station to fill ASME motor or mobile fuel containers.(J) The Category H examination qualifies an individual to transport and sell LP-gas in cylinders.(K) The Category I examination qualifies an individual to operate a service station as set out in Category F and G.(L) The Category J examination qualifies an individual to operate a service station as set out in Category I, transport cylinders as set out in Category H and install and connect DOT cylinders.(M) The Category K examination qualifies an individual to sell and distribute LP-gas through mains or pipes, and to install and repair LP-gas systems.(N) The Category L examination qualifies an individual to sell and install both LP-gas motor or mobile fuel containers and fuel systems on engines.(O) The Category M examination qualifies an individual to sell, service, and install recreational vehicle containers, and to install, repair, and service recreational vehicle appliances, piping, and LP-gas systems, including recreational vehicle motor or mobile fuel systems and containers.(P) The Category N examination qualifies an individual to service and install containers that supply fuel to manufactured housing, and to install, repair, and service appliances and piping systems for manufactured housing.(Q) The Category O examination qualifies an individual to test LP-gas containers, motor or mobile fuel systems, transfer systems, and transport systems to determine the safety of the containers or systems for LP-gas service, including the necessary installation, disconnection, reconnection, testing, and repair of LP-gas motor fuel systems or mobile fuel systems, transfer systems, and transport systems involved in the testing of containers.(R) The Category P examination qualifies an individual to operate a portable cylinder exchange service where LP-gas is sold in portable cylinders whose LP-gas capacity does not exceed 21 pounds, where the portable cylinders are not filled on site, and where no other LP-gas activity requiring a license is conducted.(e) Within 15 calendar days of the date an individual takes an examination, AFS shall notify the individual of the results of the examination. If the examination is graded or reviewed by a testing or proctoring service, AFS shall notify the individual of the examination results within 14 days of the date AFS receives the results from the testing or proctoring service. If the notice of the examination results will be delayed for longer than 90 days after the examination date, AFS shall notify the individual of the reason for the delay before the 90th day. AFS may require a testing or proctoring service to notify an individual of the individual's examination results.(f) Failure of any examination shall immediately disqualify the individual from performing any LP-gas related activities covered by the examination which is failed, except for activities covered by a separate examination which the individual has passed.(1) Any individual who fails an examination administered by the Commission at the Austin location may retake the same examination one additional time during a business day.(2) Any subsequent examination shall be taken on another business day, unless approved by the AFS director.(3) An individual who fails an examination may request an analysis of the individual's performance on the examination.(g) The Commission shall not issue a certificate to an applicant for a management-level certificate that requires completion of a course of instruction until the applicant completes both the required course of instruction and passes the required management-level rules examination.(h) An applicant for a management-level certificate shall pass the management-level rules examination within two years after completing a required course of instruction. An applicant who fails to pass such an examination within two years of completing such a course shall reapply as a new applicant.", "sourceNote": "Source Note: The provisions of this §9.10 adopted to be\r\neffective February 1, 2001, 26 TexReg 947; amended to be effective\r\nMay 28, 2001, 26 TexReg 3742; amended to be effective June 9, 2003,\r\n28 TexReg 4412; amended to be effective September 1, 2005, 30 TexReg\r\n4810; amended to be effective February 12, 2007, 32 TexReg 519; amended\r\nto be effective October 29, 2007, 32 TexReg 7675; amended to be effective\r\nFebruary 1, 2008, 33 TexReg 138; amended to be effective December\r\n24, 2012, 37 TexReg 9913; amended to be effective January 4, 2016,\r\n41 TexReg 238; amended to be effective January 6, 2020, 45 TexReg\r\n127; amended to be effective July 18, 2022, 47 TexReg 4119; amended\r\nto be effective December 8, 2025, 50 TexReg 7883." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197855", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.11", "label": "Transfer of Employees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197856", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or ultimate consumer shall notify AFS when a certificate holder or individual with an examination exemption is hired by filing LPG Form 16A and a nonrefundable $10 fee with AFS, or in lieu of LPG Form 16A, submit the $10 fee and a written notice including:(1) the employee's name as recorded with the Commission; and(2) the last four digits of the employee's social security number.(b) Upon approval of the documents submitted under subsection (a) of this section and verification of the individual's active status, AFS will send a copy of the certificate or exemption card to the new employer.", "sourceNote": "Source Note: The provisions of this §9.11 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 12, 2007, 32 TexReg 519; amended to be effective February 1, 2008, 33 TexReg 138; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197856", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.12", "label": "Trainees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226948", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee or ultimate consumer may employ an individual as a trainee for a period not to exceed 45 calendar days without that individual having successfully completed the rules examination as specified in §9.10 of this title (relating to Rules Examination) or registered as specified in §9.13 of this title (relating to General Installers and Repairman Exemption) subject to the following conditions.(1) The trainee shall be directly and individually supervised at all times by an individual who has successfully completed the Commission's rules examination for the areas of work being performed by the trainee.(2) A trainee who successfully completes the rules examination shall comply with the training requirements for a new certificate in §9.51 and §9.52 of this title (relating to General Requirements for LP-Gas Training and Continuing Education; and Training and Continuing Education).(3) A trainee who fails the rules examination shall immediately cease to perform any LP-gas related activities covered by the examination failed.(4) A trainee who has been in training for a total period of 45 calendar days, in any combination and with any number of employers, shall cease to perform any LP-gas activities for which he or she is not currently certified.", "sourceNote": "Source Note: The provisions of this §9.12 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 138; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226948", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.13", "label": "General Installers and Repairman Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any individual who is currently licensed as a master or journeyman plumber by the Texas State Board of Plumbing Examiners or who is currently licensed with a Class A or B Air Conditioning and Refrigeration Contractors License issued by the Texas Department of Licensing and Regulation may register with AFS and be granted an exemption to the Category D licensing and examination requirements (including insurance, and training and continuing education) provided the applicant:(1) holds an active license in compliance with Texas Occupations Code, §1302.260, relating to Issuance and Term of License, and §1301.351, relating to License, Endorsement, or Registration Required;(2) submits a legible copy of a current Air Conditioning and Refrigeration Contractor or Master or Journeyman Plumbers certificate; (3) submits a legible copy of a picture state-issued identification card or driver's license;(4) submits a properly completed LPG Form 16B; and(5) pays the $50 registration fee, except as described in subsection (g) of this section.(b) This exemption does not become effective until the exemption card is issued by AFS.(c) The exemption accrues to the individual and is nontransferable.(d) Any individual granted such exemption shall maintain registered status at all times. Upon failure to maintain registered status, the individual shall immediately cease all affected LP-gas activities until proper status has been regained.(e) In order to maintain an exemption, each individual issued an exemption card must maintain a valid master or journeyman plumbers license or Class A or B Air Conditioning and Refrigeration Contractors license. Each individual shall also pay a $20 annual renewal fee to AFS on or before May 31 of each year. Failure to pay the annual renewal fee by May 31 shall result in a lapsed exemption. If an individual's exemption lapses, that individual shall cease all LP-gas activities until the exemption has been renewed. To renew a lapsed exemption, the applicant shall pay the $20 annual renewal fee plus a $20 late-filing fee. Failure to do so shall result in the expiration of the exemption. If an individual's exemption has been expired for more than two years, that individual shall complete all requirements necessary to apply for a new exemption.(f) Any individual who is issued an exemption under this section agrees to comply with the current edition of the rules in this chapter. In the event the exempt individual surrenders, fails to renew, or has the license revoked either by the Texas State Board of Plumbing Examiners or the Texas Department of Licensing and Regulation, that individual shall immediately cease performing any LP-gas activities granted by this section.(g) A military service member, military veteran, or military spouse shall be exempt from the original registration fee pursuant to the requirements in §9.14 of this title (relating to Military Licensing and Fee Exemption).", "sourceNote": "Source Note: The provisions of this §9.13 adopted to be\r\neffective February 1, 2001, 26 TexReg 947; amended to be effective\r\nSeptember 1, 2005, 30 TexReg 4810; amended to be effective December\r\n24, 2012, 37 TexReg 9913; amended to be effective January 4, 2016,\r\n41 TexReg 238; amended to be effective January 6, 2020, 45 TexReg\r\n127; amended to be effective December 8, 2025, 50 TexReg 7883." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226945", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.14", "label": "Military Licensing and Fee Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197959", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions.(1) Applicability. This section applies to military service members, military veterans, or military spouses, as specified in this section and as those terms are defined in Texas Occupations Code, Chapter 55.(2) License. For purposes of this section, a \"license\" means a license, certificate, registration, permit, or other form of authorization required by this chapter that must be obtained by an individual to engage in a particular business.(3) Determination of Good Standing. For purposes of this section, an individual is in good standing with another state's licensing authority if the individual: (A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;(B) has not been disciplined by the licensing authority with respect to the license or individual's practice of the occupation for which the license is issued; and(C) is not currently under investigation by the licensing authority for unprofessional conduct related to the individual's license or profession.(4) Complaints and Reporting. The Commission shall maintain a record of each complaint made against a military service member, military veteran, or military spouse to whom AFS issues a license or who holds an out-of-state license the Commission recognizes. The Commission shall publish at least quarterly on its website the complaint information, including a general description of the disposition of each complaint.(b) Alternative Licensing.(1) A military service member, military veteran, or military spouse may apply to be issued an LP-gas license by the Commission if the military service member, military veteran, or military spouse: (A) holds a current license issued by the licensing authority of another state that is similar in scope of practice to an LP-gas license issued by the Commission and is in good standing with the other state's licensing authority; or (B) within the five years preceding the application date held an LP-gas license issued by the Commission. (2) An application for an alternative license shall be made by submitting a completed Form 16V to AFS. The applicant must attach the following to Form 16V:(A) a copy of the applicant's current LP-gas license issued by the licensing authority of another state, if applicable; (B) a copy of military documentation showing the applicant's military status as a military service member or military veteran;(C) if the applicant is a military spouse, a copy of the military spouse's marriage license; and(D) any other information that may be required by AFS.(3) Upon receipt of a completed Form 16V with required attachments, AFS shall:(A) confirm with the other state that the military service member, military veteran, or military spouse is currently licensed and in good standing for the relevant business or occupation; and(B) conduct a comparison of the other state's licensing requirements, statutes, and rules with AFS's licensing requirements to determine if the requirements are similar in scope of practice.(4) AFS shall issue the alternative LP-gas license not later than the 10th business day after the date AFS receives an application for an alternative license in compliance with this subsection and section 55.004, Occupations Code (relating to Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses).(c) Recognition of Out-of-State Licensing.(1) A military service member or military spouse may apply to engage in an LP-gas activity for which an LP-gas license is required by the Commission if the military service member or military spouse holds a current license issued by the licensing authority of another state that is similar in scope of practice to an LP-gas license issued by the Commission. A military service member or military spouse must receive a written recognition from AFS pursuant to this subsection before engaging in an LP-gas activity.(2) An application for the recognition of an out-of-state LP-gas license shall be made by submitting a completed Form 16M to AFS. The applicant must be in good standing with the other state's licensing authority for Form 16M to be approved. The applicant must attach the following to a Form 16M:(A) a copy of the applicant's current LP-gas license issued by the licensing authority of another state; (B) a copy of military documentation showing the applicant's status as a military service member or a military spouse; (C) a copy of the applicant's military orders showing relocation to this state;(D) if the applicant is a military spouse, a copy of the military spouse's marriage license; and(E) any other information that may be required by AFS.(3) Form 16M includes an affidavit that must be notarized by the applicant affirming under penalty of perjury that: (A) the applicant is the person described and identified in the application; (B) all statements in the application are true, correct, and complete; (C) the applicant understands the scope of practice for the applicable license in this state and will not perform outside of that scope of practice; and (D) the applicant is in good standing in the state in which the applicant holds an applicable license.(4) Upon receipt of a completed Form 16M with required attachments, AFS shall conduct a comparison of the other state's license requirements, statutes, and rules with AFS's licensing requirements to determine if the requirements are similar in scope of practice.(5) Not later than the 10th business day after AFS receives a completed Form 16M with required attachments, AFS will notify the applicant that:(A) AFS recognizes the applicant's out-of-state license and will provide a written recognition document;(B) the application is incomplete, noting the area of deficiency; or(C) AFS is unable to recognize the applicant's out-of-state license because the Commission does not issue a license similar in scope of practice to the applicant's out-of-state license.(6) If a military service member or military spouse is granted the written recognition of an out-of-state LP-gas license by the Commission, the following conditions apply: (A) The military service member or military spouse shall comply with all other laws and regulations applicable to the LP-gas license in this state;(B) The military service member or military spouse may only engage in the LP-gas activity authorized by the written recognition for the period during which the military service member is stationed at a military installation in Texas, or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas; and(C) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse submitted the Form 16M. (d) Fee Exemptions.(1) The Commission shall waive the license application and examination fees for a military service member, military veteran, or military spouse. To receive a military fee exemption, an applicant for a fee exemption shall file with the Commission a Form 35 and any documentation required by this subsection.(2) A military service member, military veteran, or military spouse shall submit the following documentation with Form 35:(A) a copy of any military records showing the applicant's dates of service; and(B) a copy of the applicant's driver's license or state-issued identification card.(3) AFS shall review Form 35 and required documentation to determine if the requirements for the fee exemption have been met and shall notify the applicant of the determination in writing within 10 days.(A) If all requirements have been met, the applicant may submit the application for license or examination and attach a copy of the written notice granting military fee exemption with the application to serve as notice of payment.(B) If AFS has notified the applicant that the application is incomplete, the applicant shall provide any requested information or documentation within 10 days of the date of the notice.(e) Renewals.(1) A military service member, military veteran, or military spouse who receives an alternative license or recognition by AFS of an out-of-state license remains subject to all other renewal requirements in this chapter, including all applicable fees and training or continuing education courses. (2) A service member who fails to timely renew a license because the individual was on active duty is exempt from any increased fee or penalty imposed by AFS.(3) A military service member who holds a license is entitled to two years of additional time to complete: (A) any continuing education requirements; and (B) any other requirement related to the renewal of the military service member's license.", "sourceNote": "Source Note: The provisions of this §9.14 adopted\r\nto be effective December 8, 2025, 50 TexReg 7883." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197959", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.15", "label": "Penalty Guidelines for LP-Gas Safety Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209530", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging licensees, certificate holders, registered manufacturers, and other registrants to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective component of the enforcement process. Deterrence of violations through penalty assessments is also a necessary and effective component of the enforcement process. A rule-based enforcement penalty guideline to evaluate and rank LP-gas-related violations is consistent with the central goal of the Commission's enforcement efforts to promote compliance. Penalty guidelines set forth in this section will provide a framework for more uniform and equitable assessment of penalties throughout the state, while also enhancing the integrity of the Commission's enforcement program. (b) Guidelines. This section complies with the requirements of Texas Natural Resources Code, §81.0531. The penalty amounts contained in the tables in this section are provided solely as guidelines to be considered by the Commission in determining the amount of administrative penalties for violations of Texas Natural Resources Code, Chapter 113; of rules, orders, licenses, registrations, permits, or certificates relating to LP-gas safety adopted under those provisions; and of regulations, codes, or standards that the Commission has adopted by reference. (c) Commission authority. The establishment of these penalty guidelines shall in no way limit the Commission's authority and discretion to assess administrative penalties. The typical minimum penalties listed in this section are for the most common violations cited; however, this is neither an exclusive nor an exhaustive list of violations that the Commission may cite. The Commission retains full authority and discretion to cite violations of Texas Natural Resources Code, Chapter 113; of rules, orders, licenses, registrations, permits, or certificates relating to LP-gas safety adopted or issued under those provisions; and of regulations, codes, or standards that the Commission has adopted by reference, and to assess administrative penalties in any amount up to the statutory maximum when warranted by the facts in any case, regardless of inclusion in or omission from this section. (d) Factors considered. The amount of any penalty requested, recommended, or finally assessed in an enforcement action will be determined on an individual case-by-case basis for each violation, taking into consideration the following factors:(1) the person's history of previous violations;(2) the seriousness of the previous violations;(3) any hazard to the health or safety of the public; and(4) the demonstrated good faith of the person charged.(e) Typical penalties. Regardless of the method by which the typical penalty amount is calculated, the total penalty amount will be within the statutory limit. Typical penalties for violations of Texas Natural Resources Code, Chapter 113; of rules, orders, licenses, registrations, permits, or certificates relating to LP-gas safety adopted under those provisions; and of regulations, codes, or standards that the Commission has adopted by reference, are set forth in Table 1. Attached Graphic(f) Penalty enhancements for certain violations. For violations that involve threatened or actual safety hazards, or that result from the reckless or intentional conduct of the person charged, the Commission may assess an enhancement of the typical penalty. The enhancement may be in any amount in the range shown for each type of violation, as shown in Table 2.Attached Graphic(g) Penalty enhancements for certain violators. For violations in which the person charged has a history of prior violations within seven years of the current enforcement action, the Commission may assess an enhancement based on either the number of prior violations or the total amount of previous administrative penalties, but not both. The actual amount of any penalty enhancement will be determined on an individual case-by-case basis for each violation. The guidelines in Tables 3 and 4 are intended to be used separately. Either guideline may be used where applicable, but not both.Attached GraphicAttached Graphic(h) Penalty reduction for settlement before hearing. The recommended monetary penalty for a violation may be reduced by up to 50% if the person charged agrees to a settlement before the Commission conducts an administrative hearing to prosecute a violation. Once the hearing is convened, the opportunity for the person charged to reduce the basic monetary penalty is no longer available. The reduction applies to the basic penalty amount requested and not to any requested enhancements.(i) Demonstrated good faith. In determining the total amount of any monetary penalty requested, recommended, or finally assessed in an enforcement action, the Commission may consider, on an individual case-by-case basis for each violation, the demonstrated good faith of the person charged. Demonstrated good faith includes, but is not limited to, actions taken by the person charged before the filing of an enforcement action to remedy, in whole or in part, a violation or to mitigate the consequences of a violation.(j) Other sanctions. Depending upon the nature of and the consequences resulting from a violation of the rules in this chapter, the Commission may impose a non-monetary penalty, such as requiring attendance at a safety training course, or may issue a warning.(k) Penalty calculation worksheet. The penalty calculation worksheet shown in Table 5 lists the typical penalty amounts for certain violations, the circumstances justifying enhancements of a penalty and the amount of the enhancement, and the circumstances justifying a reduction in a penalty and the amount of the reduction. Attached Graphic", "sourceNote": "Source Note: The provisions of this §9.15 adopted to be effective August 27, 2012, 37 TexReg 6563; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209530", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.16", "label": "Hearings for Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197861", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may deny, suspend, or revoke a license, registration, or certificate for any person who fails to comply with the rules in this chapter.(1) If AFS determines that an applicant for license, manufacturer registration, certificate, or renewal has not met the requirements of the rules in this chapter, AFS shall notify the applicant in writing of the reasons for the proposed denial. In the case of an applicant for license, manufacturer registration, or certificate, the notice shall advise the person that the application may be resubmitted within 30 calendar days of receipt of the denial with all cited deficiencies corrected, or, if the person disagrees with AFS' determination, that person may request in writing a hearing on the matter within 30 calendar days of receipt of the notice of denial.(2) If a person resubmits the application within 30 calendar days of receipt of the denial with all deficiencies corrected, AFS shall issue the license, manufacturer registration, certificate, or renewal as applicable.(b) Hearing regarding denial of license, manufacturer registration, certificate or associated renewals.(1) An applicant receiving a notice of denial may request a hearing to determine whether the applicant did comply in all respects with the requirements for the category license, registration, or certificate sought. The request for hearing shall be in writing, shall refer to the specific requirements the applicant claims were met, and shall be submitted to AFS within 30 calendar days of the applicant's receipt of the notification of denial.(2) Upon receipt of a request complying with paragraph (1) of this subsection, AFS shall forward the request for a hearing to the Hearings Division for the purpose of scheduling a hearing within 30 calendar days following the receipt of the request for hearing to determine the applicant's compliance or noncompliance with applicable requirements.(3) If, after hearing, the Commission finds the applicant's claim has been supported, the Commission may issue an order approving the license, manufacturer registration, or certificate and AFS shall issue the license, manufacturer registration, certificate, or associated renewal if applicable.(4) If, after hearing, the Commission finds that the applicant does not comply with the requirements of this chapter, the Commission may issue an order denying the application or renewal.(c) Suspension or revocation of licenses, manufacturer registrations, or certificates.(1) If AFS finds by means including but not limited to inspection, review of required documents submitted, or complaint by a member of the general public or any other person, a probable or actual violation of or noncompliance with the Texas Natural Resources Code, Chapter 113, or the rules in this chapter, AFS shall notify the licensee, registered manufacturer, or certificate holder of the alleged violation or noncompliance in writing.(2) The notice shall specify the acts, omissions, or conduct constituting the alleged violation or noncompliance and shall designate a date not less than 30 calendar days or more than 45 calendar days after the licensee, registered manufacturer, or certificate holder receives the notice by which the violation or noncompliance shall be corrected or discontinued. If AFS determines the violation or noncompliance may pose imminent peril to the health, safety, or welfare of the general public, AFS may notify the licensee, registered manufacturer, or certificate holder orally with instruction to immediately cease the violation or noncompliance. When oral notice is given, AFS shall follow it with written notification no later than five business days after the oral notification.(3) The licensee, registered manufacturer, or certificate holder shall either report the correction or discontinuance of the violation or noncompliance within the time frame specified in the notice or shall request an extension of time in which to comply. The request for extension of the time to comply shall be received by AFS within the same time frame specified in the notice for correction or discontinuance.(d) Hearing regarding suspension or revocation of licenses, manufacturer registrations, and certificates. If a licensee, registered manufacturer, or certificate holder disagrees with the determination of AFS under this section, that person may request a public hearing on the matter to be conducted as specified in Chapter 1 of this title (relating to Practice and Procedure). The request shall be in writing, shall refer to the specific rules or statutes the person claims to have complied with, and shall be received by AFS within 30 calendar days of the person's receipt of the notice of violation or noncompliance. AFS shall forward the request for hearing to the Hearings Division.", "sourceNote": "Source Note: The provisions of this §9.16 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197861", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.17", "label": "Designation and Responsibilities of Company Representatives and Operations Supervisors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197862", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensee shall have at least one company representative for the license and, in the case of a licensee other than a Category P licensee, at least one operations supervisor for each outlet.(1) A licensee maintaining one or more outlets shall file LPG Form 1 with AFS listing the physical location of the first outlet and designating the company representative for the license and LPG Form 1A designating the physical location and operations supervisor for each additional outlet.(2) A licensee may have more than one company representative.(3) An individual may be operations supervisor at more than one outlet provided that:(A) each outlet has a designated LP-gas certified employee responsible for the LP-gas activities at that outlet:(B) the certified employee's and/or operations supervisor's telephone number is posted at the outlet on a sign with lettering at least 3/4-inch high, visible and legible during normal business hours; and(C) the certified employee and/or the operations supervisor monitors the telephone number and responds to calls during normal business hours.(4) The company representative may also serve as operations supervisor for one or more of the licensee's outlets provided that the individual meets both the company representative and the operations supervisor requirements in this section.(5) A licensee shall immediately notify AFS in writing upon conclusion of employment, for whatever reason, of its company representative or any operations supervisor and shall at the same time designate a replacement.(6) A licensee shall cease all LP-gas activities if it no longer employs a qualified company representative who complies with the Commission's requirements. A licensee shall not resume LP-gas activities until such time as it has a properly qualified company representative or it has been granted a conditional qualification as specified in subsection (e) of this section.(7) A licensee shall cease LP-gas activities at an outlet if it no longer employs a qualified operations supervisor at that outlet who complies with the Commission's requirements. A licensee shall not resume LP-gas activities at that outlet until such time as it has a properly qualified operations supervisor or it has been granted a conditional qualification as specified in subsection (e) of this section.(b) Company representative. A company representative shall:(1) be an owner or employee of the licensed entity, in the case of a licensee other than a Category P licensee;(2) be the licensee's principal individual in authority and, in the case of a licensee other than a Category P licensee, be responsible for actively supervising all LP-gas activities conducted by the licensee, including all appliance, container, portable cylinder, product, and system activities;(3) have a working knowledge of the licensee's LP-gas activities to ensure compliance with the rules in this chapter and the Commission's administrative requirements;(4) pass the appropriate management-level rules examination, or, in the case of an applicant for a Category D license, obtain an exemption as specified in §9.13 of this title (relating to General Installers and Repairman Exemption);(5) complete any required training and/or continuing education required in §9.51 and §9.52 of this title (relating to General Requirements for LP-Gas Training and Continuing Education, and Training and Continuing Education, respectively);(6) comply with the work experience or training requirements in subsection (e) of this section, if applicable;(7) be directly responsible for all employees performing their assigned LP-gas activities, unless an operations supervisor is fulfilling this requirement; and(8) submit any additional information as deemed necessary by AFS.(c) Operations supervisors. An operations supervisor, in the case of a licensee other than a Category P licensee, shall:(1) be an owner or employee of the licensee;(2) pass the applicable management-level rules examination or, in the case of a Category D license only, obtain an exemption as specified in §9.13 of this title;(3) complete any required training and/or continuing education required in §9.51 and §9.52 of this title; and(4) be directly responsible for actively supervising the LP-gas activities of the licensee at the designated outlet.(d) Category P licensees.(1) The company representative requirement for a Category P licensee may be satisfied by employing a Category E or J company representative if the Category E or J company representative is authorized by the Category P licensee to remove any employee who does not comply with the rules in this chapter or who performs unsafe LP-gas activities.(2) In lieu of an operations supervisor requirement for a Category P license, the Category E or J licensee providing the Category P licensee with portable cylinders for exchange shall be required to:(A) prepare a manual containing, at a minimum, the following:(i) a description of the basic characteristics and properties of LP-gas;(ii) an explanation of the various parts of an LP-gas cylinder, including what the purpose of each part is and how to operate the cylinder valve;(iii) complete instructions on how to properly transport cylinders in vehicles;(iv) prohibition against moving or installing cylinder cages at any store location;(v) a prohibition against taking or storing inside a building any cylinders that have or have had LP-gas in them;(vi) a requirement that all cylinders containing LP-gas be stored in a manner so that the relief valve is in the vapor space of the cylinder;(vii) a requirement that the employees who handle the cylinders know the location within the store of the manual and know the contents of the manual;(viii) instructions related to any potential hazards that may be specific to a location, including but not limited to the proper distancing of cylinders from combustible materials and sources of ignition;(ix) detailed emergency procedures regarding a leaking cylinder, including all applicable emergency contact numbers;(x) a requirement that any accidents be reported to the Category E or J licensee who prepares the manual, and detailed procedures for reporting any accidents;(xi) all Commission rules applicable to the Category P license, including the requirement that the Category P licensee is responsible for complying with all such rules;(xii) all provisions of Subchapter H (\"Enforcement\") of Chapter 113 of the Texas Natural Resources Code;(xiii) a detailed description of the training provided to each employee of the Category P licensee who may be engaged in any activities covered by the Category P license; and(xiv) a page for the signatures, printed names and dates of training for each individual trained at each outlet on this manual.(B) provide a manual in print or electronic format at each outlet or location of the Category P licensee; and(C) provide training as to the contents of the manual to each employee who may be engaged in any activities covered by the Category P license at all outlets or locations of the Category P licensee and maintain records regarding the employees of the Category P licensee who have been trained.(3) The Category P licensee shall:(A) ensure that each employee who is involved with the activities covered by the Category P license is knowledgeable about the contents of the manual and has signed and dated the signature page of the manual; and(B) ensure that each such employee is aware of the location of the manual and can show the manual to employees of the Commission upon request.(e) Work experience substitution for Category E, F, G, I, and J.(1) The AFS director may, upon written request, allow a conditional qualification for a Category E, F, G, I, or J company representative or operations supervisor who passes the applicable management-level rules examination provided that the individual attends and successfully completes the next available Category E, F, G, I, or J management-level training course, or a subsequent Category E, F, G, I, or J management-level training course agreed on by the AFS director and the applicant.(A) The written request shall include a description of the individual's LP-gas experience and other related information in order that the AFS director may properly evaluate the request.(B) Applicants for company representative or operations supervisor who have less than three years' experience or experience which is not applicable to the category for which the individual is applying shall not be granted a conditional qualification and shall comply with the training requirements in §9.52 of this title prior to AFS issuing a certificate.(2) If the individual fails to complete the training requirements within the time granted by the AFS director, the conditional qualification shall immediately be voided and the individual shall immediately cease all LP-gas activities granted by the conditional qualification.", "sourceNote": "Source Note: The provisions of this §9.17 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197862", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.18", "label": "Reciprocal Examination Agreements with Other States" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) AFS may accept the examination requirements for LP-gas transport drivers from other states provided that the qualifying state has entered into a reciprocal agreement with Texas as specified in this section.(b) A state that is interested in a reciprocal agreement with Texas shall provide a copy of its examination used to qualify transport drivers to AFS. AFS shall provide a copy of the Texas examination to the other state's LP-gas authority. The states shall review the materials to ensure that they contain substantially equivalent requirements. If each state accepts the requirements of the other state, both states shall sign the reciprocal agreement.(1) The reciprocal agreement shall be in the form of a letter on the official letterhead of the state requesting the reciprocal agreement. The letter shall be signed and dated by an official representative of the LP-gas authority in both states. For Texas, the official representative shall be the AFS director.(2) The reciprocal agreement shall remain in effect until either state requests a change and may be terminated by either state at any time.(3) If either state revises its examination or related requirements, it shall immediately notify the other state by submitting the revised examination or related requirements.(4) AFS shall maintain a current list of all states participating in reciprocal agreements, a list of participating states' applicable fees, and a list of all individuals who have received a reciprocal examination exemption.(5) Copies of examinations from other participating states are subject to or excepted from required disclosure in accordance with Chapter 552 of the Government Code.(c) Individuals who apply for a reciprocal examination exemption shall pay the applicable fees required by each state in exchange for exemption from examination requirements.(1) Individuals from other participating states shall remit to AFS:(A) the nonrefundable employee-level rules examination fee; and(B) the annual certificate renewal fee specified in §9.10 and §9.9 of this title (relating to Rules Examination, and Requirements for Certificate Holder Renewal, respectively).(2) Individuals from Texas who apply for a reciprocal examination exemption in other states shall pay to the other state any fees specified by that state.(d) Applicants for a reciprocal examination exemption shall provide the following information to AFS to verify that they are properly and currently certified in their state:(1) a state-issued certification card, license, letter, or similar document which shall clearly show a valid date and an indication that the individual passed the examination. Maintaining valid certification in the other state is required for continuing reciprocity in Texas;(2) a completed LPG Form 16R. Applicants from other states shall provide their Social Security numbers to AFS for purposes of record-keeping and to comply with the requirements in Texas Family Code Annotated §231.302(c) (Vernon 1996), which mandates disclosure of Social Security numbers by applicants to assist in the administration of laws relating to child support. Social Security numbers are subject to or excepted from disclosure to the public in accordance with Texas Government Code, Chapter 552; and(3) a copy of the applicant's valid driver's license.(e) Individuals from other states who apply for a reciprocal examination exemption from Texas either shall be employed by a company that is properly and currently licensed in Texas or shall themselves fulfill all other licensing requirements in the rules in this chapter.(f) Individuals who obtain reciprocal examination exemptions are liable under the laws and rules of the state in which they perform the LP-gas activities.(1) Each state shall be responsible for its own enforcement actions against individuals with reciprocal examination exemptions.(2) If a participating state has an enforcement action against an individual with a reciprocal examination exemption, that state shall inform the other state within 14 calendar days of initiating the action.(3) A state may suspend, revoke, or deny a reciprocity renewal or an individual's reciprocal examination exemption, as specified in §9.16 of this title (relating to Hearings for Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or Certificates) and shall notify the other state and all individuals holding the reciprocal examination exemption within 14 calendar days of such suspension, revocation, or denial.(g) AFS may issue reciprocal examination exemptions only for LP-gas transport driver examinations. For purposes of reciprocal agreements, a \"transport\" is defined as a cargo tank motor vehicle of more than 5,000 gallons water capacity.", "sourceNote": "Source Note: The provisions of this §9.18 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226949", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.20", "label": "Dispenser Operations Certificate Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197863", "queryAsDate": "03/11/2026" }, "ruleBody": "An individual may perform work and directly supervise LP-gas activities requiring contact with LP-gas if the individual is granted the Dispenser Operations Certificate Exemption. The exemption may be obtained by completing the Dispensing Propane Safely course, including examination, and complying with paragraph (1) of this section or by completing a PERC-based training course and examination in accordance with paragraph (2) of this section.(1) Dispenser Operations Certificate Exemption through PERC.(A) To be granted a Dispenser Operations Certificate Exemption through PERC, the applicant shall:(i) submit a properly completed LPG Form 16P;(ii) submit a legible copy of the PERC certificate of completion, which shall:(I) indicate that the Dispensing Propane Safely course has been completed, including a copy of the transcript listing the examinations completed;(II) be issued to the individual listed on LPG Form 16P; and(III) have a completion date after July 18, 2022, and within six months of the date the LPG Form 16P is submitted;(iii) submit a legible copy of a state-issued identification card or driver's license, including a photo; and(iv) pay a $40 registration fee.(B) AFS will review the application to verify all requirements have been met.(i) If errors are found or information is missing on the application or other documents, AFS shall notify the applicant of the deficiencies in writing.(ii) The applicant must respond with the required information and/or documentation within 30 days of the written notice. Failure to respond by the deadline will result in withdrawal of the application.(iii) If all requirements have been met, the individual will become a DOT cylinder filler and motor/mobile fuel filler certificate holder as addressed in §9.10(d)(1)(F) and (d)(1)(J) of this title, respectively, (relating to Rules Examination) and AFS shall send a certificate to the licensee.(2) Dispenser Operations Certificate Exemption through a PERC-based course.(A) Any individual who completes an approved PERC-based course will be granted a Dispenser Operations Certificate Exemption provided the report required in §9.55(h) of this title (relating to PERC-Based Training) is submitted. The course shall include training and examination. If all requirements have been met, the individual will become a DOT cylinder filler and motor/mobile fuel filler certificate holder as addressed in §9.10(d)(1)(F) and (d)(1)(J) of this title, respectively, and AFS shall send a certificate to the licensee listed on the report.(B) AFS may refuse to issue or renew a certificate for an individual who presents for credit an unapproved course; a course from an unapproved company; or a course using unapproved, incomplete, or incorrect materials. (3) The Dispenser Operations Certificate Exemption does not become effective until the certificate is issued by AFS.(4) Certificate holders issued a Dispenser Operations Certificate exemption shall comply with the rules in this chapter, including the following rules:(A) §9.135 of this title (relating to Unsafe or Unapproved Containers, Cylinders, or Piping);(B) §9.136 of this title (relating to Filling of DOT Containers);(C) §9.137 of this title (relating to Inspection of Cylinders at Each Filling);(D) §9.141(d) and (g) of this title (relating to Uniform Safety Requirements); and(E) the entry for NFPA 58 §7.4.3.1 in the Figure in §9.403 of this title (relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional Requirements). (5) The certificate accrues to the individual and is nontransferable. An individual who has been issued a certificate shall make the certificate readily available and shall present it to any Commission employee or agent who requests proof of certification.(6) Each individual shall:(A) comply with all applicable continuing education requirements in §9.51 and §9.52 of this title (relating to General Requirements for LP-Gas Training and Continuing Education, and Training and Continuing Education, respectively);(B) comply with renewal requirements in §9.9 of this title (relating to Requirements for Certificate Holder Renewal); and(C) be employed by a licensee or a license-exempt entity in accordance with §9.7 of this title (relating to Application for Licenses, Manufacturer Registrations, and Renewals.(7) Failure to comply with the renewal requirements in §9.9 of this title shall result in the expiration of the certificate. If an individual's exemption has been expired for more than two years, that individual shall complete all requirements necessary to apply for a new certificate.(8) A military service member, military veteran, or military spouse shall be exempt from the original registration fee pursuant to the requirements in §9.14 of this title (relating to Military Licensing and Fee Exemption).", "sourceNote": "Source Note: The provisions of this §9.20 adopted to\r\nbe effective July 18, 2022, 47 TexReg 4119; amended to be effective\r\nDecember 8, 2025, 50 TexReg 7883." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197863", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.21", "label": "Franchise Tax Certification and Assumed Name Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209532", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for an original or renewal license or registered manufacturer that is a corporation, limited partnership, or limited liability company shall be approved to transact business in Texas by the Texas Comptroller of Public Accounts. The licensee or registered manufacturer shall provide a copy of the current Certificate of Account Status from the Texas Comptroller of Public Accounts.(b) All applicants for license or manufacturer registration, or their corresponding renewals, shall list on LPG Form 1 or LPG Form 1M all names under which LP-gas related activities requiring licensing or registration as a container manufacturer are to be conducted. Any company performing LP-gas activities under an assumed name (\"DBA\" or \"doing business as\") shall file with AFS copies of the assumed name certificates which are required to be filed with the respective county clerk's office and/or the Secretary of State's Office.", "sourceNote": "Source Note: The provisions of this §9.21 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209532", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.22", "label": "Changes in Ownership, Form of Dealership, or Name of Dealership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "84594", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Changes in ownership which require a new license or manufacturer registration.(1) Transfer of dealership or outlet by sale, lease, or gift. The purchaser, lessee, or donee of any dealership or outlet shall have a current and valid license or manufacturer registration authorizing the LP-gas activities to be performed at the dealership or outlet or shall apply for and be issued an LP-gas license or manufacturer registration prior to engaging in any LP-gas activities which require a license or manufacturer registration. The purchaser, lessee, or donee shall notify AFS by filing a properly completed LPG Form 1 or LPG Form 1M prior to engaging in any LP-gas activities at that dealership or outlet which require an LP-gas license or manufacturer registration, respectively.(2) Other changes in ownership. A change in members of a partnership occurs upon the death, withdrawal, expulsion, or addition of a partner. Upon the death of a sole proprietor or partner, the dissolution of a corporation or partnership, any change in the members of a partnership, or other change in ownership not specifically provided for in this section, an authorized representative of the previously existing dealership or of the successor in interest shall notify AFS in writing and shall immediately cease all LP-gas activities of the previously existing dealership which require an LP-gas license or manufacturer registration and shall not resume until AFS issues an LP-gas license or manufacturer registration to the successor in interest.(b) Change in dealership business entity. When a dealership converts from one business entity into a different kind of business entity, the resulting entity shall have a current and valid license or manufacturer registration authorizing the LP-gas activities to be performed or shall apply for and be issued a license or manufacturer registration before engaging in any LP-gas activities which require an LP-gas license or manufacturer registration and shall immediately notify AFS in writing of the change in business entity.(c) Dealership name change. A licensee or registered manufacturer which changes its name shall not be required to obtain a new license or manufacturer registration but shall immediately notify AFS as follows prior to engaging in any LP-gas activities under the new name. The licensee or registered manufacturer shall file:(1) an amended LPG Form 1 or LPG Form 1M;(2) an amended Form 1A if outlet names will change;(3) a copy of the licensee's or registered manufacturer's business documents reflecting the name change, such as amendments to the articles of incorporation or assumed name filings;(4) certificates of insurance or affidavits in lieu of insurance if permitted by §9.26 of this title (relating to Insurance and Self-Insurance Requirements) or both; and(5) any other forms required by AFS.(d) Company representative and operations supervisor. In all changes of ownership, form of dealership, or name of dealership, the resulting entity shall have a properly certified company representative for the license and an operations supervisor, if required, at each outlet and as outlined in §9.17 of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors).(e) In the event of a death of a sole proprietor or partner, the AFS director may grant a temporary exception not to exceed 30 calendar days to the examination requirement for company representatives and operations supervisors. An applicant for a temporary exception shall comply with applicable safety requirements.", "sourceNote": "Source Note: The provisions of this §9.22 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "84594", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.23", "label": "Limitation/Avoidance of Licensee Liability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An LP-gas licensee shall not limit or avoid its liability or that of its insurer for damages proximately resulting from any negligent act or acts of the licensee.(b) An attempt to limit or avoid liability before the negligent act or acts, through indemnity clauses or otherwise, shall be null and void.(c) This section shall not apply to negotiations or settlements, or both, made subsequent to a licensee's negligent act or acts.(d) To the extent that any damage occurring during or subsequent to any of the following acts does not proximately result from any negligent act of the licensee, the licensee may limit liability based upon:(1) unauthorized, unsafe, or improper application of LP-gas or any LP-gas system or equipment by any user or other person;(2) any use or operation of LP-gas or any LP-gas system or equipment contrary to specific representations made by any user or other person to an LP-gas licensee during or preceding installation or servicing of such LP-gas system or equipment and relied upon by such LP-gas licensee in selecting, designing, installing, or servicing such system or equipment; or(3) any modification, change, installation, alteration, tampering, or other action by any unlicensed person to or upon any LP-gas system or equipment.", "sourceNote": "Source Note: The provisions of this §9.23 adopted to be effective February 1, 2001, 26 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197865", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.26", "label": "Insurance and Self-Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or registered manufacturer shall not perform any activity authorized by its license or registration under §9.6 of this title (relating to License Categories, Container Manufacturer Registration, and Fees) unless insurance coverage required by this section is in effect. LP-gas licensees, registered manufacturers, or applicants for license or manufacturer registration shall comply with the minimum amounts of insurance specified in Table 1 of this section or with the self-insurance requirements in subsection (i) of this section, if applicable. Registered manufacturers are not eligible for self-insurance. Before AFS grants or renews a manufacturer registration, an applicant for a manufacturer registration shall submit the documents required by paragraph (1) of this subsection. Before AFS grants or renews a license, an applicant for a license shall submit either: Attached Graphic(1) An insurance Acord™ form; or any other form approved by the Texas Department of Insurance that has been prepared and signed by the insurance carrier containing all required information. The forms must be issued by an insurance company authorized or accepted by the Texas Department of Insurance; or(2) properly completed documents demonstrating the applicant's compliance with the self-insurance requirements set forth in subsection (j) of this section. (b) Each licensee or registered manufacturer shall file LPG Form 999 or other written notice with AFS at least 30 calendar days before the cancellation of any insurance coverage. The 30-day period commences on the date the notice is actually received by AFS. (c) A licensee or applicant for a license that does not employ or contemplate employing any employee to be engaged in LP-gas related activities in Texas may file LPG Form 996B in lieu of filing a workers' compensation insurance form, including employer's liability insurance, or alternative accident and health insurance coverage. The licensee or applicant for a license shall file the required insurance form with AFS before hiring any person as an employee engaged in LP-gas related work. (d) A licensee, applicant for a license, or an ultimate consumer that does not operate or contemplate operating a motor vehicle equipped with an LP-gas cargo container or does not transport or contemplate transporting LP-gas by vehicle in any manner may file LPG Form 997B in lieu of a motor vehicle bodily injury and property damage insurance form, if this certificate is not otherwise required. The licensee or applicant for a license shall file the required insurance form with AFS before operating a motor vehicle equipped with an LP-gas cargo container or transporting LP-gas by vehicle in any manner. (e) A licensee, registered manufacturer, or applicant for a license or manufacturer registration that does not engage in or contemplate engaging in any LP-gas activities that would be covered by completed operations or products liability insurance, or both, may file LPG Form 998B in lieu of a completed operations and/or products liability insurance form. The licensee, registered manufacturer, or applicant for a license or manufacturer registration shall file the required insurance form with AFS before engaging in any operations that require completed operations and/or products liability insurance. (f) A licensee, registered manufacturer, or applicant for a license or manufacturer registration that does not engage in or contemplate engaging in any operations that would be covered by general liability insurance may file LPG Form 998B in lieu of filing a general liability insurance form. The licensee, registered manufacturer, or applicant for a license or manufacturer registration shall file the required insurance form with AFS before engaging in any operations that require general liability insurance. (g) A licensee may protect its employees by obtaining accident and health insurance coverage from an insurance company authorized to write such policies in this state as an alternative to workers' compensation coverage. The alternative coverage shall be in the amounts specified in Table 1 of this section.(h) A state agency or institution, county, municipality, school district, or other governmental subdivision shall meet the requirements of this section for workers' compensation, general liability, and/or motor vehicle liability insurance. The requirements may be met by filing LPG Form 995 with AFS as evidence of self-insurance, if permitted by the Texas Labor Code, Title 5, Subtitle C, and Texas Natural Resources Code, §113.097. (i) Self-insurance requirements. (1) This subsection applies to a licensee's or a license applicant's motor vehicle bodily injury and property damage liability coverage and general liability coverage. A licensee or license applicant shall not elect to self-insure for more than 12 consecutive months, exclusive of the six-month period for which a letter of credit is required to remain in effect pursuant to paragraph (4) of this subsection. (2) A licensee or license applicant desiring to self-insure shall file with AFS a properly completed LPG Form 28, Notice of Election to Self-Insure and a properly completed LPG Form 28-A, Bank Declarations Regarding Irrevocable Letter of Credit. The licensee or license applicant shall attach to the LPG Form 28-A any documentation necessary to show that the bank issuing the irrevocable letter of credit meets the requirements in paragraph (5)(E) of this subsection. (3) The irrevocable letter of credit shall be in an amount that is no less than the total of all minimum insurance coverage amounts required by the Commission in the Table in subsection (a)of this section for every coverage for which the licensee or license applicant seeks to self-insure. (4) The irrevocable letter of credit shall be valid until the expiration date shown on LPG Form 28, which shall be no sooner than six months after the earlier of either: (A) the expiration date of the license; or (B) the effective date of insurance coverage. (5) A letter of credit commemorated by LPG Form 28-Ashall: (A) be irrevocable during its term; (B) be payable to the Commission or Commission's designee in part or in full as directed by the Commission in compliance with an order from state or federal court; (C) include a guarantee from the bank that issues the letter of credit (irrevocable confirmed credit); (D) not apply to the licensing requirements for worker's compensation insurance including employers liability insurance or alternative accident/health insurance; and (E) be issued by a federally insured bank authorized to do business in the State of Texas which meets or exceeds the following requirements: (i) Bank management shall attest that the bank is not subject to any outstanding written enforcement action, agreement, order, capital directive, or prompt corrective action directive issued by a state or federal bank regulatory agency; (ii) The bank shall be \"well capitalized\" as defined in federal bank regulatory statutes with: (I) a total risk-based capital ratio of 10% or greater; (II) a Tier 1 risk-based capital ratio of 6% or greater; and (III) a leverage ratio of 5% or greater. (iii) The bank shall have received a satisfactory or better rating at its most recent Community Reinvestment Act (CRA)examination by a federal bank regulatory agency; (iv) The bank management shall attest that the full amount of the letter of credit, when added to other indebtedness of the licensee or applicant for license to the bank, is within the bank's regulatory lending limit; and (v) The issuing bank shall be in good standing with the State Comptroller's Office regarding the payment of franchise taxes and other obligations to the state.(6) In addition to the requirements of §9.36 of this title (relating to Report of LP-Gas Incident/Accident), within 30 days of the occurrence of any incident or accident involving the business activities of a self-insured LP-gas licensee that results in property damage or loss and/or personal injuries, the licensee shall notify AFS in writing of the incident. The licensee shall include in the notification a list of the names and addresses of any individuals known to the licensee who may have suffered losses in the incident. The licensee shall also provide written notice to all such individuals of the licensee's status as being self-insured and of the expiration date of the licensee's letter of credit. (j) Each licensee or registered manufacturer shall promptly notify AFS of any change in insurance coverage or insurance carrier by filing a properly completed Acord™ form; other form approved by the Texas Department of Insurance that has been prepared and signed by the insurance carrier containing all required information; or documents demonstrating the applicant's compliance with the self-insurance requirements set forth in subsection (i) of this section. Failure to promptly notify AFS of a change in the status of insurance coverage or insurance carrier may result in an enforcement action and an administrative penalty.", "sourceNote": "Source Note: The provisions of this §9.26 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective March 31, 2003, 28 TexReg 2741; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective November 12, 2007, 32 TexReg 8122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197866", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.27", "label": "Application for an Exception to a Safety Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may apply for an exception to the provisions of this chapter by filing LPG Form 25 along with supporting documentation, and a $50 filing fee with AFS.(b) The application shall contain the following:(1) the section number of any rules for which an exception is being requested;(2) the type of relief desired, including the exception requested and any information which may assist AFS in comprehending the requested exception;(3) a concise statement of facts which support the applicant's request for the exception, such as the reason for the exception, the safety aspects of the exception, and the social and/or economic impact of the exception;(4) for all stationary installations, regardless of size, a description of the acreage and/or address upon which the subject of the exception will be located. The description shall be in writing and shall include:(A) a site drawing;(B) sufficient identification of the site so that determination of property boundaries may be made;(C) a plat from the applicable appraisal district indicating the ownership of the land;(D) the legal authority under which the applicant, if not the owner, is permitted occupancy;(5) the name, business address, and telephone number of the applicant and of the authorized agent, if any; and(6) a list of the names and addresses of all interested entities as defined in subsection (c) of this section.(c) Notice of the application for an exception to a safety rule.(1) The applicant shall send a copy of LPG Form 25 by certified mail, return receipt requested, or otherwise delivered to all affected entities as specified in paragraphs (2), (3), and (4) of this subsection on the same date on which the form or application is filed with or sent to AFS. The applicant shall include a notice to the affected entities that any objection shall be filed with AFS within 18 calendar days of postmark or other delivery of the application. The applicant shall file all return receipts with AFS as proof of notice.(2) If an exception is requested for a stationary site, affected entities to whom the applicant shall give notice shall include but not be limited to:(A) persons and businesses owning or occupying property adjacent to the site;(B) the city council or fire marshal, if the site is within municipal limits; and(C) the county Commission, if the site is not within any municipal limits.(3) If an exception is requested for a motor or mobile fuel installation affected entities to whom the applicant shall give notice shall include but not be limited to:(A) the Texas Department of Public Safety; and(B) all processed gas loading and unloading facilities utilized by the applicant.(4) AFS may require an applicant to give notice to persons in addition to those listed in paragraphs (2) and (3) of this subsection if doing so will not prejudice the rights of any entity.(d) Objections to the requested exception shall be in writing, filed at AFS within 18 calendar days of the postmark of the application, and shall be based on facts that tend to demonstrate that, as proposed, the exception would have an adverse effect on public health, safety, or welfare. AFS may decline to consider objections based solely on claims of diminished property or esthetic values in the area.(e) AFS shall review the application within 21 business days of receipt of the application.(1) If AFS does not receive any objections from any affected entities as defined in subsection (c) of this section, the director may administratively grant the exception if the director determines that the installation, as proposed, does not adversely affect the health or safety of the public. AFS shall notify the applicant in writing by the end of the 21-day review period and, if approved, the installation shall be installed within one year from the date of approval. AFS shall also advise the applicant at the end of the objection period as to whether any objections were received and whether the applicant may proceed.(2) If the AFS director denies the exception, AFS shall notify the applicant in writing, outlining the reasons and any specific deficiencies.(3) The applicant may modify the application to correct the deficiencies and resubmit the application along with a $30 resubmission fee, or may request a hearing on the matter.(4) To be granted a hearing, the applicant shall file a written request for hearing within 14 calendar days of receiving notice of the administrative denial.(5) A hearing shall be held when AFS receives an objection as set out in subsection (d) of this section from any affected entity, or when the applicant requests one following an administrative denial. AFS shall forward the request for hearing to the Hearings Division.(f) Applicants intentionally submitting incorrect or misleading information are subject to penalties in the Texas Natural Resources Code, §91.143, and the filing of incorrect or misleading information shall be grounds for dismissing the application with prejudice.(g) After hearing, exceptions to this chapter may be granted by the Commission if the Commission finds that granting the exception for the installation, as proposed, will not adversely affect the safety of the public.(h) A request for an exception shall expire if it is inactive for three months after the date of the letter in which the applicant was notified by AFS of an incomplete request. The applicant may restart the application process.", "sourceNote": "Source Note: The provisions of this §9.27 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.28", "label": "Reasonable Safety Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "84589", "queryAsDate": "03/11/2026" }, "ruleBody": "If an LP-gas installation, equipment, or appurtenances not specifically covered by the rules in this chapter has been or will be installed, AFS may require a licensee to comply with additional or alternative reasonable safety provisions to ensure the LP-gas installation is safe for LP-gas service. If the affected licensee disagrees with AFS' requirements, the licensee may request a hearing. The installation shall not be placed into LP-gas service until the Commission has determined that the installation is safe for LP-gas service.", "sourceNote": "Source Note: The provisions of this §9.28 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "84589", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.31", "label": "LP-Gas Regional Supply Emergency Response" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section is to develop a distribution plan to minimize the severity of disruptions in the supplies of LP-gas in various regions of Texas. This section outlines the Commission's mechanisms for both determining that a regional LP-gas shortage exists and responding to a regional LP-gas shortage emergency.(b) The Commission may determine that an LP-gas supply emergency exists within designated counties of the state. The Commission may also determine the duration of the regional supply emergency. The Commission shall issue notice when it has determined that an LP-gas regional supply emergency exists and when it determines that the LP-gas regional supply emergency has ended or will end. In determining whether an LP-gas regional supply emergency exists, the Commission may consider any relevant information, including but not limited to the following:(1) notification from LP-gas storage facilities as appropriate, including, but not limited to, storage facilities located at gas processing plants, pipeline terminals, petroleum refineries, and inland salt domes, that they are attaining maximum LP-gas withdrawal rates;(2) notification from LP-gas licensees that sufficient supplies are not available locally or that curtailments are anticipated; and(3) weather data.(c) Upon the Commission finding that an LP-gas regional supply emergency exists, the Commission may request selected LP-gas loading rack operators to give first priority in loading to LP-gas transport vehicles whose cargoes are bound for counties designated as within the region subject to the LP-gas supply emergency until the regional supply emergency has been determined to be abated.", "sourceNote": "Source Note: The provisions of this §9.31 adopted to be effective February 1, 2001, 26 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134829", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.32", "label": "Consumer Safety Notification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197868", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person holding a license to install or repair an LP-gas system who sells, installs, or repairs an LP-gas system, piping, or other equipment that is part of a system, or an appliance that is connected or attached to a system shall provide the following notice to the purchase or owner of the system, piping, or other equipment or appliance: \"WARNING: Flammable Gas. The installation, modification, or repair of an LPG system by a person who is not licensed or registered to install, modify, or repair an LPG system may cause injury, harm, or loss. Contact a person licensed or registered to install, modify, or repair an LPG system. A person licensed to install or repair an LPG system may not be liable for damages caused by the modification of an LPG system by an unlicensed person except as otherwise provided by applicable law.\"(b) A person holding a license to install or repair an LP-gas system who sells, installs, or repairs an LP-gas system, piping, or other equipment that is part of a system, or an appliance that is connected or attached to a system shall document the notice requirements in subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §9.32 adopted to be effective February 1, 2008, 33 TexReg 122." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197868", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.35", "label": "Written Procedure for LP-Gas Leaks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197838", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensee shall maintain a written procedure to be followed when any employee receives notification of a possible leak. The licensee shall ensure that all employees are familiar with the procedure and shall authorize employees to implement the procedure without management oversight. The written procedure shall be available to emergency response agencies as specified in NFPA 58, §6.29.2. (b) The written procedures shall include the classification of the leak grade as defined in §9.2 of this title (relating to Definitions). (c) The procedures shall include the appropriate action criteria for the classification of leak determined according to the table in this section. The examples of leak conditions are provided as guidelines and are not exclusive. The judgment of the company personnel at the scene is of primary importance in determining the grade assigned to a leak. Attached Graphic", "sourceNote": "Source Note: The provisions of this §9.35 adopted to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197838", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.36", "label": "Report of LP-Gas Incident/Accident" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197839", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the earliest practical moment or within two hours following discovery, a licensee owning, operating, or servicing equipment or an installation shall notify AFS by telephone of any event involving LP-gas which:(1) caused a death or any personal injury requiring hospitalization;(2) required taking an operating facility out of service;(3) resulted in unintentional gas ignition requiring an emergency response;(4) involved the LP-gas installation on any vehicle propelled by or transporting LP-gas;(5) caused an estimated damage to the property of the operator, others, or both totaling $5,000 or more, including gas loss;(6) could reasonably be judged as significant because of rerouting of traffic, evacuation of buildings, or media interest even though it does not meet paragraphs (1) - (5) of this subsection; or(7) is required to be reported to any other state or federal agency (such as the Texas Department of Public Safety or the United States Department of Transportation).(b) The telephonic notice required by this section shall be made to the Railroad Commission's 24-hour emergency line at (512) 463-6788 or 844-773-0305 and shall include the following:(1) name of reporting operator;(2) location of leak or incident;(3) date and time of incident;(4) fatalities and/or personal injuries;(5) phone number of operator;(6) status of incident regarding immediate hazard; and(7) other significant facts relevant to the incident.(c) Following the initial telephone report, the LP-gas licensee who made the telephone report shall submit a properly completed LPG Form 20 to AFS. The report shall be postmarked within 14 calendar days of the date of initial notification to AFS, or within five business days of receipt of the fire department's report, whichever occurs first, unless AFS grants authorization for a longer period of time when additional investigation or information is necessary.(d) Within five business days of receipt, AFS shall review LPG Form 20 and notify in writing the person submitting the LPG Form 20 if the report is incomplete and specify in detail what information is lacking or needed. Incomplete reports may delay the resumption of LP-gas activities at the involved location.(e) In the case of an accident or incident at a Category P licensee's location, the Category P licensee shall immediately notify the Category E or J licensee who supplies cylinders to the Category P licensee and the Category E or J licensee shall be responsible for making the accident or incident report to AFS as specified in this section.", "sourceNote": "Source Note: The provisions of this §9.36 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197839", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.37", "label": "Termination of LP-Gas Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197840", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If AFS determines that any LP-gas container or installation constitutes an immediate danger to the public health, safety, and welfare, AFS shall require the immediate removal of liquid and vapor LP-gas and/or the immediate disconnection by a properly licensed company to the extent necessary to eliminate the danger. This may include appliances, equipment, or any part of the system including the servicing container. A warning tag shall be installed by AFS until the unsafe condition is remedied. Once the unsafe condition is corrected, the tag may be removed if authorized by AFS.(b) If AFS determines that any LP-gas container or installation does not comply with the Texas Natural Resources Code, Chapter 113, or the rules in this chapter, but does not constitute an immediate danger to the public health, safety, and welfare, AFS shall take action to ensure that the container or installation comes into compliance as soon as practicable. AFS action may include the placement of a warning tag. Once the container or installation complies with Texas Natural Resources Code, Chapter 113, and the rules in this chapter, AFS may remove or delegate the removal of the warning tag.(c) If the affected entity disagrees with the removal from service and/or placement of a warning tag, the entity may request a review of AFS' decision within 10 calendar days. AFS shall notify such entity of its finding, in writing, stating the deficiencies, within 10 business days. If the entity disagrees, the entity may request or AFS on its own motion may call a hearing. Such installation shall be brought into compliance or removed from service until such time as the final decision is rendered by the Commission.", "sourceNote": "Source Note: The provisions of this §9.37 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197840", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.38", "label": "Reporting Unsafe LP-Gas Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197841", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may report any unsafe or noncompliant LP-gas activities to AFS by mail, telephone, email, or fax. When possible, the person shall make the report using LPG Form 22. Within five business days of receipt of such report, AFS shall notify the alleged non-compliant party in writing regarding the report and specify the reported non-compliant installation and/or activities.(b) The Commission may release the person's name in accordance with applicable open records procedures.(c) A person who reports unsafe LP-gas activities maybe called to testify at a Commission hearing if one is necessary following the initiation of an enforcement action.", "sourceNote": "Source Note: The provisions of this §9.38 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197841", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.41", "label": "Testing of LP-Gas Systems in School Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209533", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:(1) Leakage test--An operation performed on a school LP-gas system using LP-gas as the test medium at not more than normal operating pressure and a gauging instrument measuring gas pressure in psig, ounces/square inch, or inches of water column to verify there is no gas leakage.(2) School district--An entity created under the laws of this state and accredited by the Texas Education Agency under Texas Education Code, Chapter 39, Subchapter D; a private elementary or secondary school, other than a school in a residence; or a state or regional school for the blind and visually impaired or the deaf created under Texas Education Code, Chapter 30.(3) School district facility--Each building or structure operated by a school district and equipped with a school LP-gas system in which students receive instructions or participate in school sponsored extracurricular activities, excluding maintenance or bus facilities, vehicle fueling facilities, administrative offices, and similar facilities not regularly used by students.(4) School LP-gas system--All piping, fittings, valves, regulators, appliance connectors, equipment, and connections supplying fuel gas from the outlet of the shutoff valve at each LP-gas storage container or upstream of each meter to the shutoff valve(s) on each appliance in a school district facility.(5) Supplier--An individual or company that sells and delivers LP-gas to a school district facility. If more than one individual or company sells and delivers LP-gas to a school district facility, each individual or company is a supplier for purposes of this section.(b) School district requirements. A school district shall ensure that a leakage test is performed on each school LP-gas system as specified in this section.(1) The leakage test shall be performed by an LP-gas licensee, an individual registered with the Commission pursuant to §9.13 of this title (relating to General Installers and Repairman Exemption), or an employee of the school district who is a certificate holder.(2) If a leak is found in a school LP-gas system, the school district shall immediately remove the affected school district facility from LP-gas service until repairs are made and it passes a subsequent school LP-gas system leakage test. If an employee of a school district performs the initial test, then the subsequent test may not be performed by a school district employee.(3) Each school district shall provide the district's supplier with a copy of the most current LP-Gas Form 30 as proof the school LP-gas system has been tested in accordance with this section.(4) A school district shall retain LPG Form 30 specifying the date and result of the leakage test performed on each school LP-gas system for a minimum of five years from the date each test was performed. A school district shall make LPG Form 30 readily available for review by the Commission or its authorized representative upon request.(c) Leakage test requirements.(1) The results of the leakage test for each building or structure shall be immediately documented on LPG Form 30.(2) LP-gas shall be used as the test medium.(3) Leakage test pressure shall not exceed normal operating pressure.(4) Leakage test duration shall not be less than 30 minutes.(5) Test pressure shall be monitored with a manometer or with a pressure-measuring instrument designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the test period. Mechanical gauges used to measure test pressures shall have a range such that the highest end of the scale is not greater than five times the test pressure.(6) The manual shutoff valve installed in the piping upstream of each appliance must be open and must supply pressure to the appliance. To prove the integrity of the 100 percent pilot shutoff valve on each appliance so equipped, the manual control on the 100 percent pilot shutoff valve must be turned to the on position. Pilots not incorporating a 100 percent pilot shutoff valve and all manual gas valves not incorporating safety shutoff systems shall be in the off position prior to the leakage test.(d) Methods for conducting a leakage test.(1) Upstream of first stage regulator. Insert a pressure gauge between the manual shutoff valve on the container(s) and the first stage regulator. Admit full container pressure to the system, and then close the manual shutoff valve on the container(s). Release gas from the system to lower the pressure gauge reading by 10 psig. If there is no decrease or increase in gauge pressure after the minimum test duration of 30 minutes, the system has no leakage and may remain in service.(2) Between first stage and second stage regulators. Insert a pressure gauge with a 30-psig scale downstream of the first stage regulator, pressurize the system to normal operating pressure, and then close the manual shutoff valve on the container(s). Release LP-gas from the system to lower the pressure gauge reading by at least one-half the inlet pressure to the second stage regulator. If there is no decrease or increase in gauge pressure after the minimum test duration of 30 minutes, the system has no leakage and may remain in service.(3) Downstream of final stage regulator(s). For systems serving appliances that receive gas at pressures of 1/2 psig or less, insert a water manometer or pressure gauge into the system downstream of the final system regulator. Pressurize the system to normal operating pressure and close the manual shutoff valve on the container(s). To ensure that all regulators in the system are unlocked and a leak anywhere in the system is communicated to the gauging instrument, release enough gas from the system, through a range burner or other suitable means, to drop the pressure to 9 (plus or minus 1/2) inches of water column. If there is no decrease or increase in gauge pressure after the minimum test duration of 30 minutes, the system has no leakage and may remain in service.(e) Supplier requirements. A supplier shall terminate LP-gas service to a school district facility if:(1) the supplier receives official notification from the school district or the person conducting the leakage test that there is leakage in a school LP-gas system;(2) the leakage test performed on a school LP-gas system was not performed in accordance with the requirements of this section; or(3) the supplier has not received a copy of LPG Form30 from the school district verifying that the school LP-gas system has been tested in accordance with this section.(f) Commission requirements.(1) At the request of a school district, the Commission shall assist the district in providing for the certification of an employee of the school district or school, as applicable, to conduct a leakage test.(2) AFS shall initiate any enforcement proceedings necessary under Texas Natural Resources Code, Chapter 113.(g) Compliance deadlines.(1) Each school district shall ensure a leakage test is performed as required by this section at least once every two years.(2) School districts shall complete the leakage tests before the beginning of the school year. In the case of a year-round school, a school district shall ensure that a leakage test in each school district facility is conducted and reported not later than July 1 of the year in which the test is performed.(3) A school district may perform the leakage tests on a two-year cycle provided that at least one-half of the school district's facilities are tested each year.", "sourceNote": "Source Note: The provisions of this §9.41 adopted to be effective April 10, 2002, 27 TexReg 2815; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 28, 2009, 34 TexReg 9405; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209533", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.51", "label": "General Requirements for LP-Gas Training and Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209534", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to complying with NFPA 58, §§4.4 and 11.2, individuals shall comply with the training and continuing education requirements in this chapter.(b) Applicants for new certificates, as set forth in §9.8 of this title (relating to Requirements and Application for a New Certificate) and persons holding existing certificates or a Dispenser Operations certificate exemption shall comply with the training or continuing education requirements in this chapter. Any individual who fails to comply with the training or continuing education requirements by the assigned deadline may regain certification by paying the nonrefundable course fee and satisfactorily completing an authorized training or continuing education course within two years of the deadline. In addition to paying the course fee, the person shall pay any fee or late penalties to AFS.(c) The training requirements apply to:(1) applicants for Category D, E, F, G, I, J, K, or M management-level certificates; and(2) applicants for the following employee-level certifications:(A) bobtail driver;(B) DOT cylinder filler;(C) recreational vehicle technician;(D) service and installation technician;(E) appliance service and installation technician; and(F) motor/mobile fuel filler.(d) The continuing education requirements apply to the following individuals:(1) Category D, E, F, G, I, J, K, and M management-level certificate holders;(2) any ultimate consumer who has purchased, leased, or obtained other rights in any LP-gas bobtail, including any employee of such ultimate consumer if that employee drives or in any way operates the equipment on an LP-gas bobtail;(3) individuals holding the following employee-level certifications:(A) bobtail driver;(B) DOT cylinder filler;(C) recreational vehicle technician;(D) service and installation technician;(E) appliance service and installation technician; and(F) motor/mobile fuel filler; and(4) individuals holding a Dispenser Operations certificate exemption.(e) The training and continuing education requirements do not apply to an individual who:(1) drives or fuels a motor vehicle powered by LP-gas as an ultimate consumer;(2) fuels motor vehicles as an employee of an ultimate consumer;(3) is employed by a state agency, county, municipality, school district, or other governmental subdivision;(4) holds a general installers and repairman exemption; or(5) holds a management or employee-level certification not specified in subsection (c) or (d) of this section.(f) Except as provided in §9.41(b) of this title (relating to Testing of LP-Gas Systems in School Facilities), each individual who performs LP-gas activities as an employee of an ultimate consumer or a state agency, county, municipality, school district, or other governmental subdivision shall be properly supervised by his or her employer. Any such individual who is not certified by the Commission to perform such LP-gas activities shall be properly trained by a competent person in the safe performance of such LP-gas activities.(g) Individual credit. Successful completion of any required training or continuing education course shall be credited to and accrue to the individual.(h) No partial credit. Individuals attending courses shall receive credit only if they attend the entire course and pay any training or continuing education course fees in full. The Commission shall not award partial credit for partial attendance.(i) Schedules. Dates and locations of available AFS LP-gas training and continuing education courses can be obtained on the Commission's web site. AFS courses shall be conducted in Austin and in other locations around the state. Individuals or companies may request in writing that AFS courses be taught in their area. AFS shall schedule courses at its discretion.(j) Course registration and scheduling.(1) Registering for a course. To register for a scheduled training or continuing education course, an individual shall complete the online registration process at least seven days prior to the course.(2) Costs for courses.(A) Each registration for a training course shall require the payment of the applicable nonrefundable course fee as follows:(i) $75 for an eight-hour course;(ii) $150 for the 16-hour Category F, G, I, and J course; and(iii) $750 for the 80-hour Category E course.(B) The course fees do not include the license or rules examination fees described in §9.6 and §9.10 of this title (relating to License Categories, Container Manufacturer Registration, and Fees, and Rules Examination, respectively).(C) Current certificate holders who have paid the annual renewal fee and who want to add a new certification other than Category E, F, G, I or J shall not be required to pay the $75 course fee.(D) Continuing education courses shall be offered at no charge to certificate holders who have timely paid the annual certificate renewal fee specified in §9.9 of this title (relating to Requirements for Certificate Holder Renewal).(E) Requests for courses where no training or continuing education course credit is given shall be submitted in writing to the AFS training section. The AFS training section may conduct the requested courses at its discretion. The nonrefundable fee for a non-credit course is $250 if no overnight expenses are incurred by the AFS training section, or $500 if overnight expenses are incurred. AFS may waive the fee for a non-credit course in cases where the Commission recovers the cost of the course from another source, such as a grant.(F) AFS may charge reasonable fees for materials for courses using third-party materials.(3) If any course has fewer than eight individuals registered within seven calendar days prior to the course, AFS may cancel the course and may reschedule the registered individuals in another course agreed upon by the individuals and the AFS training section. The AFS training section reserves the right to determine the number of course registrants.(4) If a previously registered individual is unable to attend the course at the time and place for which the individual is registered due to illness or other unforeseen circumstances, another individual from the same company may attend that same course in his or her place.(5) Applicants who take courses offered by an entity other than AFS shall comply with the registration, fee, and other requirements specified by that entity.(k) An individual registered to take a course shall bring the following items to the course site:(1) a registration confirmation email or fax;(2) proof of payment unless exempt from the course fee; and(3) documents required in §9.10(b) of this title if one or more examinations will be taken.(l) Individual applicants or certificate holders shall be responsible for promptly notifying the AFS training section in writing of any discrepancies or errors in the training or continuing education records, and shall notify AFS of any discrepancies or errors in examination records or certificates. In the event of a discrepancy, AFS' records, including due dates, shall be deemed correct unless the individual has copies of applicable documents which clarify the discrepancy.", "sourceNote": "Source Note: The provisions of this §9.51 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective May 28, 2001, 26 TexReg 3742; amended to be effective August 25, 2003, 28 TexReg 6831; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective March 1, 2006, 31 TexReg 843; amended to be effective February 1, 2008, 33 TexReg 138; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 4, 2016, 41 TexReg 238; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209534", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.52", "label": "Training and Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209523", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Training. Individuals identified in §9.51(c) of this title (relating to General Requirements for LP-Gas Training and Continuing Education) shall complete training.(1) Available training courses.(A) The 2.1 Dispenser Operations course covers proper filling and handling of ASME motor/mobile fuel containers, appurtenances, DOT cylinders, and dispenser operations.(B) The 2.3 Bobtail Operations course covers federal and state regulations that apply to hazardous material transportation, the operation of propane delivery vehicles, and the rules in this chapter, including NFPA 54 and NFPA 58, which apply to LP-gas installations. (C) The 3.2 Residential System Installation course covers the requirements for proper installation and start-up of a residential propane system, including correct appliance operation.(D) The 3.3 Appliance Conversion, Installation and Venting course covers the requirements for converting, installing, and venting of propane gas appliances.(E) The 3.8 Recreational Vehicle Gas Appliances course covers servicing of recreational vehicles' LP-gas systems and appliances. (F) The 16-hour Category F, G, I, and J course covers ASME motor/mobile fuel containers, appurtenances, DOT cylinders, the operations of a dispenser to fill tanks and cylinders, and applicable LP-gas requirements for obtaining a Category F, G, I or J management-level certificate.(G) The 80-hour Category E course covers all the material in courses 2.1, 2.3, 3.2, 3.3 and 3.8, and the Commission's rules in this chapter, including NFPA 54 and NFPA 58.(2) Training requirements.(A) Category E management-level applicants shall attend the 80-hour Category E course;(B) Category F, G, I, and J management-level applicants shall attend the 16-hour Category F, G, I and J course; and(C) Category D, K and M management-level applicants and all applicants for employee-level certifications that are subject to training requirements shall complete an eight-hour course. A certificate holder's training deadline shall not be extended if that individual retakes and passes an examination for the current category and level of certification. A training deadline shall be extended only after a certificate holder successfully completes an applicable training course.(i) Category D management-level applicants shall complete the 3.2 course.(ii) Category K management-level applicants shall complete the 3.2 course.(iii) Category M management-level applicants complete the 3.8 course.(iv) DOT Cylinder Filler applicants shall complete the 2.1 course unless the individual is issued a Dispenser Operations certificate exemption.(v) Motor and Mobile Fuel Filler applicants shall complete the 2.1 course.(vi) Bobtail Driver applicants shall complete the 2.3 course.(vii) Service and Installation applicants shall complete the 3.2 course.(viii) Appliance Service and Installation applicants may complete either the 3.2 or 3.3 course.(ix) Recreational Vehicle Technician applicants shall complete the 3.8 course.(3) Individuals who pass an employee-level rules examination between March 1 and May 31 of any year shall have until May 31 of the next year to complete any required training. Individuals who pass an employee-level rules examination at other times shall have until the next May 31 to complete any required training. (4) Applicants for company representative or operations supervisor shall comply with the training requirements in this section prior to the Commission issuing a certificate. (b) Continuing education. A certificate holder shall complete at least eight hours of continuing education every four years as specified in this subsection. Continuing education courses are specified in subsection (e) of this section.(1) Upon fulfillment of the continuing education requirement, the certificate holder's next continuing education deadline shall be four years after the May 31 following the date of the most recent course the certificate holder has completed, unless the course was completed on May 31, in which case the deadline shall be four years from that date.(2) A certificate holder's continuing education deadline shall not be extended if an examination for a current category and level of certification is retaken and passed; a continuing education deadline shall be updated only after a certificate holder successfully completes an applicable continuing education course. An individual who completes a continuing education course after the assigned deadline shall have four years from the original deadline to complete the next course.(3) Certificate holders who are certified as recreational vehicle technicians or appliance service and installation technicians and are also certified to perform LP-gas activities covered by one or more other certifications shall complete the initial continuing education requirements for any one of the certifications held in order to maintain active status. For each subsequent continuing education requirement, such individuals shall be responsible for attending a different continuing education course relevant to one of the other certifications held.(4) Certificate holders who attend a course offered by an outside instructor shall not be entitled to a refund of the annual renewal fee or any other fees or penalties required by the Commission.(5) Certificate holders who have not paid the annual certificate renewal fee, including general installers and repairman exemption holders or members of the general public may attend courses at the charge specified in §9.51 of this title. A request to attend a course shall be in writing, submitted to the AFS training section, and granted at AFS' discretion on an individual basis and if space is available.(6) Any certificate holder who has timely paid the annual certificate renewal fee but is not otherwise required to attend a Commission continuing education course may voluntarily attend a course, if space is available, by registering with the AFS training section as specified in §9.51 of this title.(c) Adding a new certification. A current certificate holder who successfully completes an examination for an additional certification that requires completion of a training course shall be assigned a training deadline pursuant to subsection (a)(2) and (3) of this section. Upon completion of the required training, the certificate holder shall be assigned a continuing education date pursuant to subsection (b) of this section.(d) Train-the-Trainer courses. The Train-the-Trainer courses shall not count as credit towards the training or continuing education requirements.(e) Certificate holders may complete their continuing education requirement by attending a continuing education course for their specific certificate as listed in this subsection or by attending a CETP course listed in subsection (g) of this section: (1) the 4.1 Employee-Level Dispenser Operations Continuing Education course;(2) the 4.2 Employee-Level Service and Installation Continuing Education course;(3) the 4.3 Employee-Level Bobtail Driver Continuing Education course;(4) the 4.4 Employee-Level Recreational Vehicle Technician Continuing Education course; and(5) the 6.1 Regulatory Compliance for Managers course.(f) Continuing education credit for certificate holders.(1) Individuals holding the following certificates or exemption may receive continuing education credit for the 4.1 Employee-Level Dispenser Operations Continuing Education course:(A) a DOT Cylinder Filler certificate;(B) a Motor/Mobile Fuel Filler certificate; and/or(C) a Dispenser Operations certificate exemption.(2) Individuals holding the following certificates may receive continuing education credit for the 4.2 Employee-Level Service and Installation Continuing Education course:(A) a Service and Installation Technician certificate; and/or(B) an Appliance Service and Installation Technician certificate.(3) Individuals holding a Recreational Vehicle Technician certificate may receive continuing education credit for the 4.4 Employee-Level Recreational Vehicle Technician Continuing Education course.(4) Individuals holding a Bobtail Driver certificate may receive continuing education credit for the 4.3 Employee-Level Bobtail Driver Continuing Education course.(5) To meet continuing education requirements, all management-level certificate holders shall complete one of the following courses:(A) the 6.1 Regulatory Compliance for Managers course; or(B) a course listed in paragraphs (1) - (4) of this subsection.(6) Any employee-level or management-level certificate holder may also receive continuing education credit by completing any training course listed in subsection (a)(1) of this section for the certificate held by the individual.(g) Credit for CETP courses. An employee-level certificate holder who has successfully completed a CETP course, including any applicable knowledge and skills assessments, may receive credit toward the continuing education requirements specified in this section as follows:(1) Items on the table marked with an \"x\" indicate CETP courses that meet continuing education requirements for employee-level certificate holders in that category. Attached Graphic(2) The successful completion of a CETP course is determined by a CETP course certificate, which is issued only after an individual has completed the prescribed course of study, including any related knowledge and skills assessments, for the applicable CETP job classification. (3) To receive credit toward the Commission's continuing education requirements, the certificate holder shall submit the following information, clearly readable, to AFS:(A) the individual's full name, address, and telephone number;(B) a copy of the certificate holder's certificate; and(C) a legible copy of the official CETP course certificate. (4) AFS shall review the submitted material within 30 business days of receipt and shall notify the certificate holder in writing that the request is approved, denied, or incomplete.(A) If the request is approved, the certificate holder will receive continuing education credit. AFS will send a new certificate if the request is submitted as part of the renewal process in §9.9 of this title (relating to Requirements for Certificate Holder Renewal).(B) If the request is denied, the certificate holder may submit additional information for review.(C) If the material is incomplete, AFS shall identify the necessary additional information required.(D) If the request is denied or incomplete, the certificate holder shall file any additional information within 30 calendar days of the date of the notice in order to receive credit for the CETP course attendance.(E) Certificate holders requesting credit for CETP course attendance shall submit such requests to allow processing time so that a request is finally approved by May 31 in order for the certificate holder to receive credit toward that deadline.(h) Credit for PERC-Based Course Attendance. Individuals shall receive credit for attending a PERC-based course per §9.20(2) of this title (relating to Dispenser Operations Certificate Exemption).", "sourceNote": "Source Note: The provisions of this §9.52 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective May 28, 2001, 26 TexReg 3742; amended to be effective August 25, 2003, 28 TexReg 6831; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective May 1, 2006, 31 TexReg 3532; amended to be effective February 12, 2007, 32 TexReg 519; amended to be effective February 1, 2008, 33 TexReg 138; amended to be effective January 4, 2016, 41 TexReg 238; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209523", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.54", "label": "Commission-Approved Outside Instructors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209524", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General.(1) AFS may approve and award training or continuing education credit for the management-level and employee-level applicants and certificate holders specified in this section offered by an outside instructor provided the outside instructor complies with the requirements of this section.(A) Authorized Category D outside instructors may offer only the applicable training and continuing education courses to Category D or K management-level applicants or certificate holders and to service and installation technician and appliance service and installation technician employee-level applicants or certificate holders.(B) Authorized Category E outside instructors may offer only the applicable training and continuing education courses to Category D or K management-level applicants and to DOT cylinder filler, motor/mobile fuel filler, bobtail driver, service and installation technician, and appliance service and installation technician applicants and employee-level certificate holders.(C) Authorized Category I outside instructors may offer only the applicable training and continuing education courses to DOT cylinder filler and motor/mobile fuel filler applicants and employee-level certificate holders.(D) Authorized Category M outside instructors may offer only the applicable training and continuing education courses to Category M management-level applicants and recreational vehicle technician employee-level applicants or certificate holders.(2) LP-gas companies may offer courses to their own personnel and to other companies' personnel provided that the LP-gas company and the outside instructor comply with the requirements of this section.(3) All curriculum and course materials submitted for AFS review by an outside instructor applicant shall be printed or typewritten, organized, and easily readable, and shall remain confidential within the limits of Tex. Gov't Code, Chapter 552 (Public Information Act).(4) Copies of the AFS curricula and materials are available from AFS at a reasonable cost.(b) Application process. Outside instructor applicants shall submit the following to AFS:(1) a non-refundable $300 registration fee for each outside instructor;(2) a copy of the applicant's Category D, E, I, or M current certificate or, in the case of Category D only, a copy of the master or journeyman plumber/class A or B exemption card issued under §9.13 of this title (relating to General Installers and Repairman Exemption);(3) for each course the outside instructor applicant intends to teach:(A) the curriculum for and a description of the course; and(B) the course materials and related supporting information or a statement that the instructor will use the AFS course materials;(4) proof that the outside instructor applicant has experience, during at least three of the four years prior to the date of filing the application, in both:(A) conducting LP-gas training or continuing education courses; and(B) performing or supervising LP-gas activities; and(5) any other information required by this section.(c) Curriculum standards. The curriculum for each course that an outside instructor applicant intends to teach shall include, where applicable, information that is at least the equivalent of AFS' course or courses on the same topic or topics, and shall include all applicable current LP-gas regulations for Texas. Courses not offered by AFS may be approved if the courses are equal or greater in overall quality to other approved courses.(d) AFS review. AFS shall review the application for approval as an outside instructor and, within 14 business days of the filing of the application, shall notify the applicant in writing that the application is approved, denied, or incomplete. If an application is incomplete, AFS' notice of deficiency shall identify the necessary additional information, including any deficiencies in course materials. The outside instructor applicant shall file the necessary additional information within 30 calendar days of the date of AFS' notice of deficiency. The outside instructor applicant's failure to file the necessary additional information within the prescribed time period may result in the dismissal of the outside instructor's application and the necessity of the outside instructor applicant again paying the non-refundable $300 registration fee for each subsequent filing of an application.(e) Additional requirements for approval. Outside instructor applicants whose applications are approved in writing by AFS shall attend AFS' Train-the-Trainer Course, the fee for which is included in the $300 registration fee. The Train-the-Trainer Course shall include classroom instruction and the subject-matter examinations for each course for which the applicant seeks approval to conduct. An outside instructor applicant shall pass the subject-matter examination for each course with a score of at least 85 percent and shall attend the subject-matter courses for which the applicant seeks approval to conduct.(f) Notification of approval. Within 10 business days of the outside instructor applicant's completion of the requirements of this section, AFS shall notify the applicant in writing that the applicant is approved as an outside instructor and the outside instructor may then begin offering the approved courses.(g) Term of approval. AFS approval of an outside instructor remains valid for three years unless the Commission revokes the approval pursuant to subsection (l) of this section.(h) Renewal of approval. To continue offering AFS-approved LP-gas courses, an outside instructor shall renew his or her AFS outside instructor approval every three years by paying a nonrefundable $150 renewal fee to AFS and attending a Train-the-Trainer refresher course prior to the outside instructor's next renewal deadline.(i) Revision of course materials.(1) An outside instructor who revises any course materials previously approved by AFS shall submit the revisions in writing, along with a nonrefundable $100 review fee to AFS.(2) If AFS revises its course materials, it shall provide a copy to all outside instructors authorized to conduct the course covered by the revised materials. Outside instructors using their own materials shall update their materials to align with the updated AFS material. Copies of the updated materials shall be submitted for review. The revised materials review fee will be waived in this instance.(3) An outside instructor shall not use materials in a course until the outside instructor has received written AFS approval.(4) AFS shall review the revised course materials and, within 14 business days, shall notify the outside instructor in writing that the revised course materials are approved or not approved.(5) If the revised course materials are not approved, AFS' notice shall identify the portion or portions that are not approved and/or shall describe any deficiencies in the revised course materials. The outside instructor shall file any necessary additional information within 30 calendar days of the date of AFS' notice of disapproval. The outside instructor's failure to file the necessary additional information within the prescribed time period may result in the dismissal of the outside instructor's request for approval of revised course materials and the necessity of again paying the $100 review fee for each subsequent filing of revised course materials.(j) Continuing requirements. Outside instructors shall:(1) maintain their Category D, E, I, or M certificate or Category D exemption in continuous good standing. The Train-the-Trainer course shall not count as credit towards any training or continuing education requirements. Any interruption of the required Category D, E, I, or M certificate or Category D exemption may result in the Commission revoking or suspending the outside instructor's approval;(2) adhere to professional standards of conduct in course presentations; and(3) report to AFS within three business days of the conclusion of a course the names, social security numbers or RRC identification numbers, and any other information required by AFS, of the persons completing the course. The report shall be made electronically. The outside instructor shall ensure that AFS receives the report by securing written acknowledgment of its receipt by AFS.(k) Disclaimer. Outside instructors are responsible for every aspect of the courses they teach, including the location, schedule, date, time, duration, price, content, material, demeanor and conduct of the outside instructor, and reporting of attendance information. AFS may monitor or supervise the actual course presentations by outside instructors. AFS is not obligated to gather, maintain, or distribute information about outside instructors' course offerings, other than the names, telephone numbers, and addresses of approved outside instructors and the date on which an outside instructor's approval would expire, absent renewal. AFS may refuse to issue or renew a certificate for an individual who presents for credit an unapproved course; a course taught by an unapproved outside instructor; or a course taught using unapproved, incomplete, or incorrect materials.(l) Complaints.(1) Complaints regarding outside instructors shall be made to AFS in writing by email, fax, or U.S. Postal Service; shall include the printed name, address, telephone number, and, if filed by fax or U.S. Postal Service, the signature of the person complaining; shall state the outside instructor's name, the date, location, and title of the course; and shall describe the facts that show the outside instructor:(A) failed to meet or maintain AFS requirements for outside instructor approval;(B) failed to deliver a course as approved, including failure to follow the approved curriculum, to use the approved course materials, or to deliver the requisite numbers of hours of instruction; or(C) engaged in other conduct, including the use of language, that created an atmosphere not conducive to learning. Such conduct includes but is not limited to demeaning, derogating, or stereotyping women or men, disabled persons, members of any political, religious, racial, or ethnic group, or a particular individual, organization, or product.(2) Upon receipt of a complaint and at its discretion, AFS may gather any additional information necessary or appropriate to making a full and complete analysis of the complaint. AFS shall send a written copy of the analysis and any findings to the outside instructor who is the subject of the complaint. The outside instructor may file a written response within 20 calendar days from the date the findings are postmarked.(3) If AFS determines that an outside instructor has engaged in conduct prohibited by this section, AFS may prepare a report that states the facts on which the determination is based and the recommendation as to the action AFS intends to take. AFS may issue a written warning to the outside instructor; decline to approve or renew the outside instructor's approval; or revoke the outside instructor's approval.(4) AFS shall send a written copy of the report and recommendation to the outside instructor and shall include a statement that the outside instructor has a right to a hearing on the determination contained in the report.(5) Within 20 calendar days after the date the notice is postmarked, the outside instructor shall file a written response either accepting the determination and recommended action or requesting a hearing on the determination.(6) If the outside instructor accepts the determination, he or she shall notify AFS in writing of the acceptance, and AFS shall take the action indicated in the report.(7) If an outside instructor requests a hearing or fails to respond timely to the notice given under paragraph (5) of this subsection, the AFS director shall refer the matter to the Hearings Division.(8) Following the hearing, the Commission may enter an order finding that the outside instructor has violated Commission rules or that no violation has occurred; and may make any other finding based on the evidence in the record.(9) If the outside instructor does not comply with the order of the Commission, and if the enforcement of the Commission's order is not stayed, then the Office of General Counsel may refer the matter to the attorney general for enforcement of the Commission's order.", "sourceNote": "Source Note: The provisions of this §9.54 adopted to be effective May 28, 2001, 26 TexReg 3742; amended to be effective August 25, 2003, 28 TexReg 6831; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 138; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209524", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "A", "label": "GENERAL REQUIREMENTS" }, "rule": { "number": "§9.55", "label": "PERC-Based Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197815", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. AFS may award training and certification or continuing education credit to DOT cylinder filling or motor/mobile fuel filler employee-level applicants and certificate holders for PERC-based courses administered by an approved company provided the company complies with the requirements of this section.(1) The PERC-based course shall be consistent with the guidelines established by the PERC Dispensing Propane Safely course.(2) The PERC-based materials may consist of recorded video materials approved under this section.(3) An LP-gas licensee may offer courses to its own employees provided that the PERC-based course complies with the requirements of this section.(4) All PERC-based course curriculum and course materials shall:(A) meet the requirements of subsection (c) of this section;(B) be submitted to AFS for review; and(C) be organized and easily readable.(b) Application process. Companies seeking to administer a PERC-based course shall submit to AFS:(1) the PERC-Based Training Application;(2) a non-refundable $300 registration fee;(3) the following for the PERC-based course to be administered:(A) a description of the course;(B) the course curriculum, consistent with the requirements of subsection (c) of this section;(C) course examination materials; and(D) links to or digital copies of any videos included in the course curriculum or examination materials; and(4) any other information required by this section.(c) Curriculum standards. The course curriculum must be consistent with the guidelines established by the PERC Dispensing Propane Safely course and shall also include training on the requirements listed in §9.20(4) of this title (relating to Dispenser Operations Certificate Exemption).(d) AFS review. AFS shall review the application for PERC-based training approval and, within 14 business days of the date AFS receives the application, shall notify the applicant in writing that the application is approved, denied, or incomplete.(1) Approved applications. AFS shall notify the applicant in writing if the application is approved and the applicant may then begin offering courses.(2) Denied applications. If an application is denied, AFS' notice of denial shall identify the reason the application does not meet the requirements of subsections (a) - (c) of this section.(3) Incomplete applications.(A) If an application is incomplete, AFS' notice of deficiency shall identify the necessary additional information, including any deficiencies in course curriculum or materials.(B) The applicant shall file the necessary additional information within 30 calendar days of the date of AFS' notice of deficiency.(C) The applicant's failure to file the necessary additional information within the prescribed time period may result in the dismissal of the application and the necessity of the applicant again paying the non-refundable $300 registration fee for each subsequent filing of an application.(e) Revision of course materials. PERC-based courses must be administered using the materials submitted to and approved by AFS. Revisions to any course materials previously approved by AFS shall be submitted in writing, along with a nonrefundable $100 review fee to AFS.(1) The nonrefundable $100 review fee shall be waived if the course materials are revised as a result of changes made by PERC to its Dispensing Propane Safely course or examination materials or changes adopted to the rules in this chapter.(2) Revised PERC-based course materials shall not be used in a course until the materials received written AFS approval.(3) AFS shall review the revised course materials and, within 14 business days, shall notify the company in writing that the revised course materials are approved or not approved.(4) If the revised course materials are not approved:(A) AFS' notice shall identify the portion or portions that are not approved and/or shall describe any deficiencies in the revised course materials.(B) The approved company shall file any necessary additional information within 30 calendar days of the date of AFS' notice.(C) The company's failure to file the necessary additional information within the prescribed time period may result in the dismissal of the request for approval of revised course materials and the necessity of again paying the $100 review fee for each subsequent filing of revised course materials.(5) Once approved, the revised course materials may be used in the PERC-based course.(f) PERC-based training additional responsibilities.(1) Those administering PERC-based courses are responsible for every aspect of the courses they administer, including the location, schedule, date, time, duration, content, material, demeanor and conduct of an in-person instructor, if applicable, and reporting of attendance information.(2) AFS may monitor or supervise any PERC-based course or exam.(g) Complaints. Complaints regarding PERC-based courses shall be made to AFS in accordance with the process specified in §9.54(l) of this title (relating to Commission-Approved Outside Instructors).(h) Completed courses.(1) Within ten business days of the conclusion of a course, the approved company administering the course shall report to AFS the following information:(A) the company's name and license number, if applicable;(B) list of the persons completing the course, including the following information for each individual listed:(i) full name,(ii) last four digits of the person's social security number or RRC identification number;(iii) the date the course was completed;(iv) personal mailing address;(v) the individual's employer; and(vi) the individual's employer's license number if the course was administered by an approved company that is not the individual's employer.(2) The report shall be made electronically.(3) The company shall ensure that AFS receives the report by securing written acknowledgment of its receipt by AFS.(4) A $40 registration fee shall be submitted for each individual listed in paragraph (1)(B) of this subsection.", "sourceNote": "Source Note: The provisions of this §9.55 adopted to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197815", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.101", "label": "Filings Required for Stationary LP-Gas Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197816&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197816", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. No LP-gas container shall be placed into LP-gas service or an installation operated or used in LP-gas service until the requirements of this section, as applicable, are met and the facility is in compliance with all applicable rules in this chapter and statutes. LP-gas systems under the jurisdiction of DOT Safety regulations in 49 CFR Parts 192 and 199, and Part 40 shall comply with Chapter 8 of this title (relating to Pipeline Safety Regulations) prior to implementation of service.(b) Commercial installations with an aggregate water capacity of less than 10,000 gallons.(1) Within 30 calendar days following the completion of a container installation, the licensee shall submit LPG Form 501 to AFS stating:(A) the installation fully complies with the statutes and the rules in this chapter;(B) all necessary Commission licenses, certificates, and permits have been issued; and(C) the date the installation has been placed into LP-gas service.(2) The licensee shall pay a nonrefundable fee of $10 for each LP-gas container, including cylinders, each retail LP-gas cylinder exchange storage rack, and each forklift cylinder exchange rack or a forklift cylinder exchange installation where a storage rack is not installed that is listed on the form. A nonrefundable $35 fee shall be required for any resubmission.(3) AFS shall review the submitted information within 21 business days of receipt of all required information and shall notify the applicant in writing of any deficiencies. LP-gas activities may commence prior to the submission of LPG Form 501 if the facility is in compliance with the rules in this chapter.(c) Aggregate water capacity of 10,000 gallons or more.(1) For installations with an aggregate water capacity of 10,000 gallons or more, the licensee shall submit the following information to AFS at least 30 days prior to construction if the applicant is required to give notice as described in §9.102 of this title (relating to Notice of Stationary LP-Gas Installations):(A) LPG Form 500;(B) LPG Form 500A with all applicable documents;(C) a plat drawing from the appropriate appraisal district identifying:(i) the facility's property boundaries;(ii) the names of all real property owners within 500 feet; and(iii) a 500-foot radius measured from the proposed container location on the site.(D) a site plan of sufficient scale that identifies:(i) the location, types, and sizes of all LP-gas containers already on site or proposed to be on site;(ii) the distances from the containers to adjoining property lines, buildings, and railroad, pipeline, or roadway rights-of-way;(iii) any known potential hazards;(iv) location of bulkhead and distance from nearest container;(v) location of remote emergency shut-off valves;(vi) route of vehicular traffic around containers;(vii) location of any electrically operated material handling equipment such as pumps or compressors; and(viii) distance and location to nearest highway; and(E) if the facility is accessed from a public highway under the jurisdiction of the Texas Department of Transportation, a statement or permit from the Texas Department of Transportation showing that the driveway is of proper design and construction to allow safe entry and egress of the LP-gas transports; and(F) a nonrefundable fee of $50 for the initial application, or a nonrefundable $30 fee for any resubmission.(2) Prior to the installation of any individual LP-gas container, AFS shall determine whether the proposed installation constitutes a danger to the public health, safety, and welfare.(A) AFS may impose restrictions or conditions on the proposed LP-gas installation based on one or more of the following factors:(i) nature and density of the population or occupancy of structures within 500 feet of the proposed or existing container locations;(ii) nature of use of property located within 500 feet of the LP-gas installation;(iii) nature and volume of vehicular traffic within500 feet of the proposed container;(iv) type and number of roadways within 500 feet of the proposed container;(v) type of activities on the installation's premises;(vi) potential sources of ignition that might affect an LP-gas leak;(vii) existence of dangerous or combustible materials in the area that might be affected by an emergency situation;(viii) any other factors material to the public health, safety, and welfare.(B) The Commission does not consider public health, safety, and welfare to include such factors as the value of property adjacent to the installation, the esthetics of the proposed installation, or similar considerations.(3) AFS shall notify the applicant in writing of its findings.(4) If the application is administratively denied:(A) AFS shall specify the deficiencies in the written notice required in paragraph (3) of this subsection.(B) The applicant may modify the submission and resubmit it for approval or request a hearing on the matter in accordance with Chapter 1 of this title (relating to Practice and Procedure).(5) The licensee shall not commence construction until notice of approval is received from AFS. If the subject installation is not completed within one year from the date AFS has granted construction approval, the application will expire and the applicant shall submit a new application before the installation can be completed.(6) The applicant shall submit to AFS written notice of completed construction and the Commission shall complete the field inspection specified in §9.109 of this title (relating to Physical Inspection of Stationary LP-Gas Installations).(7) The container may be placed into service after AFS has completed the inspection and determines the installation meets all safety requirements.(8) An applicant or operator shall not be required to submit LPG Form 500, LPG Form 500A, or a site plan prior to the installation of bulkheads, swivel-type piping, breakaway devices, pneumatically-operated internal valves, or emergency shutoff valves, or when maintenance and improvements are being made to the piping system at an existing LP-gas installation with an aggregate water capacity of 10,000 gallons or more.(9) If a licensee is replacing a container with a container of the same or less overall diameter and length or height, and is installing the replacement container in the identical location of the existing container, the licensee shall file LPG Form 500.(d) AFS may request LPG Form 8, a Manufacturer's Data Report, or any other documentation or information pertinent to the installation in order to determine compliance with the rules in this chapter.(e) For an installation that is a licensee outlet, the operating licensee shall comply with §9.7(g) of this title (relating to Applications for Licenses, Manufacturer Registrations, and Renewals).", "sourceNote": "Source Note: The provisions of this §9.101 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197816&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197816", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.102", "label": "Notice of Stationary LP-Gas Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197817", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For a proposed installation with an aggregate water capacity of 10,000 gallons or more, an applicant shall send a copy of the filings required under §9.101(c) of this title (relating to Filings Required for Stationary LP-Gas Installations) by certified mail, return receipt requested or otherwise delivered, to all owners of real property situated within 500 feet of any proposed container location at the same time the originals are filed with AFS.(1) AFS shall consider the notice to be sufficient when the applicant has provided evidence that copies of a complete application have been mailed or otherwise delivered to all real property owners.(2) The applicant may obtain names and addresses of owners from current county tax rolls.(b) An applicant shall notify owners of real property situated within 500 feet of any proposed container location if:(1) the current aggregate water capacity of the installation is more than doubled in a 12-month period;(2) the resulting aggregate water capacity of the installation will be more than 120,000 gallons; or(3) AFS considers notice to be in the public interest.(c) An applicant shall not be required to give notice for installations at \"hot-mix\" plants where LP-gas containers of 10,000 gallons aggregate water capacity or more are used as fuel storage supply for asphalt heating provided that:(1) the applicant submits proof that such \"hot-mix\" operations will not exceed two years at the specified location; and(2) the applicant has obtained approval from the fire marshal if the operations are within a city's limits or extraterritorial jurisdiction.", "sourceNote": "Source Note: The provisions of this §9.102 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197817", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.103", "label": "Objections to Proposed Stationary LP-Gas Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197818", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each owner of real property receiving notice of a proposed installation pursuant to §9.102(a) of this title (relating to Notice of Stationary LP-Gas Installations) shall have 18 calendar days from the date the notice is postmarked to file a written objection with AFS using the LPG Form 500A sent to them by the applicant. An objection is considered timely filed when it is actually received by the Commission.(b) AFS shall review all objections within 10 business days of receipt. An objection shall be in writing and shall include a statement of facts showing that the proposed installation:(1) does not comply with the rules in this chapter, specifying which rules are violated;(2) does not comply with the statutes of the State of Texas, specifying which statutes are violated; or(3) constitutes a danger to the public health, safety, and welfare, specifying the exact nature of the danger. For purposes of this section, \"danger\" means an imminent threat or an unreasonable risk of bodily harm, but does not mean diminished property or esthetic values in the area.(c) Upon review of the objection, AFS shall:(1) request a public hearing as specified in §9.107 of this title (relating to Hearings on Stationary LP-Gas Installations); or(2) notify the objecting party in writing within 10 business days of receipt requesting further information for clarification and stating why the objection is not valid. The objecting entity shall have 10 calendar days from the postmark of AFS' letter to file its corrected objection. Clarification of incomplete or nonsubstantive objections shall be limited to two opportunities. If new objections are raised in the objecting party's clarification, the new objections shall be limited to one notice of correction.", "sourceNote": "Source Note: The provisions of this §9.103 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197818", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.107", "label": "Hearings on Stationary LP-Gas Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197819", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reason for hearing. AFS shall request a public hearing if:(1) the notice given to each real property owner situated within 500 feet of the proposed installation does not meet the requirements set forth in §9.102(a) of this title (relating to Notice of Stationary LP-Gas Installations);(2) AFS receives an objection that complies with §9.103 of this title (relating to Objections to Proposed Stationary LP-Gas Installations); or(3) AFS determines that a hearing is necessary to investigate the impact of the installation.(b) Notice of public hearing. The Hearings Division shall give notice of the public hearing at least 21 calendar days prior to the date of the hearing to the applicant and to all real property owners who were required to receive notice of the proposed installation under §9.102 of this title.(c) Procedure at hearing. The public hearing shall be conducted pursuant to Chapter 1 of this title (relating to Practice and Procedure.", "sourceNote": "Source Note: The provisions of this §9.107 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197819", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.108", "label": "Interim Approval Order for Stationary LP-Gas Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197820", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Commission finds after a public hearing that the proposed installation complies with the rules in this chapter and the statutes of the State of Texas, and does not constitute a danger to the public health, safety, and welfare, the Commission shall issue an interim approval order. The construction of the installation and the setting of the container shall not proceed until the applicant has received written notification of the interim approval order. Any interim approval order shall include a provision that such approval may be suspended or revoked if:(1) the applicant has introduced LP-gas into the system prior to final approval;(2) a physical inspection of the installation indicates that it is not installed in compliance with the submitted plan drawing for the installation, the rules in this chapter or the statutes of the State of Texas; or(3) the installation constitutes a danger to the public health, safety, and welfare.", "sourceNote": "Source Note: The provisions of this §9.108 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197820", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.109", "label": "Physical Inspection of Stationary LP-Gas Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197821", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Aggregate water capacity of 10,000 gallons or more. The applicant shall notify AFS in writing when the installation is ready for inspection.(1) If any non-compliance items are cited at the time of AFS' initial inspection, the installation shall not be placed in LP-gas service until the non-compliance items are corrected, as determined at the time of inspection depending on the nature of the non-compliance items cited.(2) If AFS does not physically inspect the facility within 30 calendar days of receipt of notice that the facility is ready for inspection, the facility may operate conditionally until the initial inspection is completed.(b) Aggregate water capacity of less than 10,000 gallons. After receipt of LPG Form 501, AFS shall conduct an inspection as soon as possible to verify that the installation described is in compliance with the rules in this chapter. The facility may be operated prior to inspection if it is in compliance with the rules in this chapter. If the initial inspection at a commercial installation results in the citation of non-compliance items, AFS may require that the subject container, including any piping, appliances, appurtenances, or equipment connected to it, be immediately removed from LP-gas service until the non-compliance items are corrected.(c) Material variances. If AFS determines the completed installation varies materially from the application originally accepted, correction of the variance and notification to AFS or resubmission of the application is required. The review of such resubmitted application shall comply with §9.101 of this title (relating to Filings Required for Stationary LP-Gas Installations).(d) In the event an applicant has requested an inspection and AFS' inspection identifies non-compliance items requiring modifications by the applicant, AFS shall consider the assessment of an inspection fee to cover the costs associated with any additional inspection, including mileage and per diem rates set by the legislature.", "sourceNote": "Source Note: The provisions of this §9.109 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197821", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.110", "label": "Emergency Use of Proposed Stationary LP-Gas Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197822", "queryAsDate": "03/11/2026" }, "ruleBody": "When there is an immediate need for LP-gas supply under emergency circumstances, AFS may waive the requirement for the initial inspection for a limited time period in order to meet the emergency need. LP-gas shall not be introduced into the container and it shall not be placed into LP-gas service until AFS grants permission to do so.", "sourceNote": "Source Note: The provisions of this §9.110 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197822", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.113", "label": "Installation and Maintenance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197823", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 58 §6.21.1, all LP-gas storage containers, valves, dispensers, accessories, piping, transfer equipment, gas utilization equipment, and appliances shall be installed and maintained in safe working order and in accordance with the manufacturer's instructions and the rules in this chapter. If any one of the LP-gas storage containers, valves, dispensers, accessories, piping, transfer equipment, gas utilization equipment, and appliances is not in safe working order, AFS may require that the installation be immediately removed from LP-gas service and not be operated until the necessary repairs have been made.", "sourceNote": "Source Note: The provisions of this §9.113 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197823", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.114", "label": "Odorizing and Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197824", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Odorization shall comply with NFPA 58, §4.2.(b) If AFS determines that there may be insufficient odorization, AFS may require testing. If testing is deemed necessary, AFS shall notify the necessary parties in writing as soon as possible. The written notification will advise which entity is responsible for having the tests performed and paying for the tests to be conducted. The testing shall be performed by a recognized testing laboratory equipped for and experienced in testing of odorization and, if requested, a copy of the test results shall be provided to AFS.(c) The person or facility odorizing the gas or the operator of an automatic loading rack shall be responsible for the odorization.", "sourceNote": "Source Note: The provisions of this §9.114 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197824", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.115", "label": "Examination and Testing of Containers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197825", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to determine the safety of a container, AFS may require that the licensee or operator of the container submit a copy of the manufacturer's data report on that container. AFS may also require that the container and equipment be examined by a Category A, B, or O licensee, with a comprehensive report on the findings submitted to AFS for its consideration. This subsection may be applied even though an acceptable LPG Form 23 has been received.(b) Any stationary ASME LP-gas container previously in LP-gas service which has not been subject to continuous LP-gas vapor pressure shall be retested by an authorized Category A, B, or O licensed entity utilizing recognized ASME test methods to determine if the container is safe for LP-gas use in Texas, and the test results shall be submitted to AFS on LPG Form 8.(c) Any stationary ASME LP-gas container which has been subject to continuous LP-gas vapor pressure is not required to be tested prior to installation, provided the licensee or operator of the container files a completed LPG Form 23 with AFS at the time LPG Form 500 is submitted for any facility requiring submission of a site plan in accordance with §9.101 of this title (relating to Filings Required for Stationary LP-Gas Installations).(d) Any stationary ASME LP-gas container brought into Texas from out-of-state and intended for stationary LP-gas installation in Texas at any facility requiring submission of a site plan shall be tested in accordance with subsection (b) of this section prior to review approval being granted by AFS, unless that container is owned by a valid licensee. In this case, AFS may determine that such tests are not necessary upon the receipt of an acceptable LPG Form 23 from the licensee.", "sourceNote": "Source Note: The provisions of this §9.115 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197825", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.116", "label": "Container Corrosion Protection System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209535", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 58, §§5.2.1.11, 6.8.6.1(I), 6.8.6.2(A), 6.8.6.3(F), 6.11.3.14 and 6.19.2, steel containers and steel piping systems installed underground, partially underground, or as mounded installations on or after March 1, 2014, shall include a corrosion protection system.(b) Cathodic protection systems installed on or after March 1, 2014, shall be monitored by every licensee servicing the container in accordance with NFPA 58, §6.19.3.1 through 6.19.3.3. Such licensees shall document the test results.(c) The licensee shall retain documentation of test results in accordance with §9.4 of this title (relating to Records).(d) Steel containers and piping systems installed underground, partially underground, or as mounded installations on or after March 1, 2014, shall not be filled unless a cathodic protection system is installed in accordance with this section.", "sourceNote": "Source Note: The provisions of this §9.116 adopted to be effective March 1, 2014, 39 TexReg 1119; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209535", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.126", "label": "Appurtenances and Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197827", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All appurtenances and equipment placed into LP-gas service shall be listed by a nationally recognized testing laboratory such as Underwriters Laboratory (UL), Factory Mutual (FM), or American Gas Association (AGA) unless:(1) it is specifically prohibited for use by another section of the rules in this chapter;(2) there is no test specification or procedure developed by the testing laboratory for the appurtenance or equipment; or(3) it is used and in compliance with any NFPA standard adopted by the Commission.(b) Appurtenances and equipment that cannot be listed but are not prohibited for use by the rules in this chapter or the manufacturer's instructions shall be acceptable for LP-gas service, provided the appurtenances and equipment are installed in compliance with the applicable rules in this chapter.(c) The licensee or operator of the appurtenances or the equipment shall maintain documentation sufficient to substantiate any claims regarding the safety of any valves, fittings, and equipment and shall, upon request, furnish copies to AFS.(d) ASME containers with an individual water capacity over 4,000 gallons shall comply with paragraph (1) or (2) of this subsection:(1) For container openings 1 1/4-inch or greater in size:(A) the container shall be equipped with:(i) a pneumatically-actuated or electrically-actuated internal valve equipped for remote closure and automatic shutoff using thermal (fire) actuation where the thermal element is located within five feet (1.5 meters) of the internal valve;(ii) a double back flow check filler valve; or(iii) a positive shutoff valve in combination with a back flow check valve;(B) Any vapor or liquid withdrawal opening 1 1/4-inch or larger with piping attached that exclusively provides service to stationary appliances or equipment and which is not part of a transfer system may be equipped with an excess flow valve and a shutoff valve installed as close as practical to the container in lieu of an internal valve or emergency shutoff valve;(C) For reducing the size of a container opening, only one bushing with a minimum pressure rating in accordance with NFPA 58 Table 5.11.4.2 shall be installed;(D) Container openings that are not compatible with internal valves shall be permitted to utilize both an excess-flow valve installed in the container and an emergency shutoff valve or a valve complying with API 607, Fire Test Soft-Seated for Quarter Turn Ball Valves Equipped with Non-Metallic Seats, which shall be pneumatically actuated and shall fail in the closed position.(2) For container openings less than 1 1/4-inch in size, the container shall be equipped with:(A) a positive shutoff valve that is located as close to the container as practical in combination with either an excess-flow valve or a back flow check valve installed in the container;(B) a pneumatically-actuated or electrically-actuated internal valve with an integral excess-flow valve or excess-flow protection; or(C) a double back flow check filler valve.", "sourceNote": "Source Note: The provisions of this §9.126 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197827", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.129", "label": "Manufacturer's Nameplate and Markings on ASME Containers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209536", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) LP-gas shall not be introduced into an ASME container unless the container is equipped with an original nameplate or at least one of the nameplates defined in this subsection permanently attached to the container.(1) Commission identification nameplate--A nameplate issued under the procedures specified in §9.130 of this title (relating to Commission Identification Nameplates) and attached by an authorized representative of the Commission for the purpose of identifying an ASME stationary container when the original nameplate is lost or illegible.(2) Duplicate nameplate--An additional ASME container nameplate issued by the original manufacturer with duplicate information as the original nameplate and clearly marked as a duplicate nameplate, but installed in a remote location.(3) Modification (or alteration) nameplate--A nameplate issued and affixed by an ASME Code facility including only partial information applicable to a modification or alteration performed on that container.(4) Replacement nameplate--A nameplate including the identical information as the original nameplate and identified as a replacement nameplate, but issued and affixed by the original manufacturer or its successor company or companies when the original nameplate is lost or illegible.(b) Nameplate thickness for stainless steel nameplates issued on or after September 1, 1984, shall be sufficient to resist distortion due to the application of markings and fusion welding.(c) Nameplates shall be attached in a location that will remain visible after installation of the containers.(d) Nameplates on stationary ASME containers built prior to September 1, 1984, shall include at least the following legible information:(1) the name of container manufacturer;(2) the manufacturer's serial number;(3) the container's working pressure;(4) the container's water capacity; and(5) the ASME Code symbol.(e) Nameplates on stationary ASME containers built on or after September 1, 1984, shall be stainless steel and permanently attached to the container by continuous fusion welding around the perimeter of the nameplate, and shall be stamped or etched with the information required by NFPA 58, §5.2.8.3(C) and §11.3.4(B) in characters at least 5/32 inch high.(f) Any replacement nameplate issued by an original container manufacturer for containers constructed prior to September 1, 1984, shall be stainless steel and shall be affixed in accordance with ASME Code. The owner or operator of the container shall ensure that a copy of LPG Form 8 is filed with AFS when a replacement nameplate is affixed.(g) Nameplates on LP-gas motor or mobile fuel tanks shall be permanently attached in a manner which will minimize corrosion of the nameplate or its fastening means and not contribute to corrosion of the container. If the nameplate is not continuously welded to the container, then it shall be raised at least 1/4 inch but no more than1/2 inch from the container's surface.(h) In addition to a container nameplate, underground containers shall have a system nameplate permanently attached to the system in a location that will be readily accessible for inspection when the containers are buried. Where the container is buried, mounded, insulated, or otherwise covered so the nameplate is obscured, a duplicate nameplate shall be installed in a clearly visible and accessible location.(i) AFS may remove a container from LP-gas service or require ASME acceptance of a container at any time if AFS determines that the nameplate, in any form defined in subsection (a)(1) - (4) of this section, is loose, unreadable, or detached, or if it appears to be tampered with or damaged in any way and does not contain at a minimum the items defined in subsection (d) of this section.", "sourceNote": "Source Note: The provisions of this §9.129 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209536", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.130", "label": "Commission Identification Nameplates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to an original ASME nameplate or any manufacturer-issued nameplate becoming unreadable or detached from a stationary container with a water capacity of 4,001 gallons or more, the owner or operator of the container may request an identification nameplate from AFS. Commission identification nameplates shall be issued only for containers which can be documented as being in continuous LP-gas service in Texas from a date prior to September 1, 1984. The container's serial number and manufacturer on the original or manufacturer-issued nameplate shall be clearly readable at the time the Commission identification nameplate is attached.(1) The owner or operator of the container shall submit LPG Form 502 including clear photographs of the container showing:(A) nozzle openings;(B) front, rear, and side views;(C) location of the nameplate;(D) detailed view of the nameplate; and(E) if a photograph cannot clearly depict the lettering on the nameplate, a pencil rubbing of the nameplate shall be submitted.(2) AFS shall review LPG Form 502 and the supporting documentation. AFS shall have the manufacturer's data report on file for the container or the licensee shall provide a copy to AFS. The Commission identification nameplate shall not be issued unless the manufacturer's data report is reviewed. Upon review of submitted documents and confirmation of the manufacturer's data report, AFS shall send a letter to the owner or operator of the container stating the estimated costs, which will be based on the following:(A) actual cost of the nameplate itself, including adhesive and other materials necessary to attach the nameplate; and(B) projected travel costs for the Commission employee performing the inspection and/or attachment of the nameplate, at a cost of $60 plus the mileage and rate from Austin as set by the official state travel mileage chart.(3) The owner or operator of the container shall pay the total estimated costs to AFS before AFS will proceed. Within 15 business days of receipt of all required documents and fees, AFS shall:(A) verify that it has continuous documentation for the container, showing the container in LP-gas service in Texas prior to September 1, 1984;(B) inspect the container to ensure that the container is not dented, pitted, or otherwise damaged, and complies with other applicable rules in this chapter, unless additional time is necessary as determined by the AFS director; and(C) advise the owner or operator that the container shall be tested if it appears to be pitted or otherwise damaged.(i) If the owner or operator refuses to test the container, it shall be removed from service within 10 calendar days of the date of inspection.(ii) If the container passes the test, AFS shall proceed with the attachment of the nameplate.(D) Within the 15-day period, AFS shall notify the applicant in writing, in clear and specific language, of the outcome of AFS' review.(4) Following AFS' review of any required tests and payment, and if AFS determines that all requirements have been met, AFS shall issue an identification nameplate for the container.(5) The Commission identification nameplate shall be stainless steel, stamped or etched with the Commission's mark or symbol, and attached by a Commission employee using an adhesive material. Nameplates shall include the wording and information as follows:(A) Railroad Commission of Texas LP-Gas Container Identification Nameplate;(B) RRC ID No. *00000*; and(C) For Identification Only.(6) Commission identification nameplates shall be affixed only by a Commission employee and shall be affixed at the Commission's convenience.(b) Commission identification nameplates shall serve only to identify the container as being an ASME container and shall in no way indicate the condition of the container or whether it is safe for LP-gas service.(c) Commission identification nameplates shall not be valid until AFS has received the final paperwork from the Commission employee who attached the nameplate. AFS shall notify the owner or operator of the container in writing stating the date on which the nameplate is valid.(d) If at any time during the Commission identification nameplate request or approval process, the original ASME nameplate becomes completely unreadable or detached, the owner or operator of the container shall immediately remove the container from service and no Commission identification nameplate shall be issued or attached. In addition, AFS may remove such a container from service as specified in §9.129(i) of this title (relating to Manufacturer's Nameplate and Markings on ASME Containers).(e) If the Commission employee finds upon inspection of a container prior to the attachment of the Commission identification nameplate that the container does not pass inspection, for whatever reason, the inspector shall not attach the nameplate, but shall return the nameplate and all paperwork to the Commission's Austin office.(f) Fees charged for the Commission identification nameplate are nonrefundable except as described in this subsection. The cost of the nameplate is refundable only if the Commission employee finds upon actual inspection of the container that the original nameplate has become totally detached or unreadable, or that the container is pitted, dented, or otherwise damaged, therefore prohibiting attachment of the nameplate. The fees charged relating to AFS' travel and research costs will be refunded only if AFS' research shows that the nameplate cannot be issued. Otherwise, these fees will be nonrefundable if these activities have taken place before the Commission employee inspects a container and finds that a nameplate cannot be issued.", "sourceNote": "Source Note: The provisions of this §9.130 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197829", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.131", "label": "200 PSIG Working Pressure Stationary Vessels" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197830", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 58, §5.2.4.2 and 5.9.2.5(A), 200 psig working pressure stationary vessels in LP-gas service in Texas prior to September 1, 1981, may be continued in service for commercial propane provided that they are fitted with pressure relief valves set for 250 psig normal start to discharge and comply with other provisions of this chapter. For the purpose of this section, \"commercial propane\" is defined as having a vapor pressure not in excess of 210 psig at 100 degrees Fahrenheit. This section does not apply to LP-gas motor fuel and mobile fuel containers.", "sourceNote": "Source Note: The provisions of this §9.131 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197830", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.132", "label": "Sales to Unlicensed Individuals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209537", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall not sell LP-gas, an ASME container, or a DOT cylinder greater than 96 pounds to an unlicensed individual for resale. A licensee shall not sell an LP-gas container to an unlicensed individual for installation without determining that such container will be installed by a licensee authorized to perform such installation.", "sourceNote": "Source Note: The provisions of this §9.132 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209537", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.134", "label": "Connecting Container to Piping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197832", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) LP-gas piping shall be installed only by a licensee authorized to perform such installation, a registrant authorized by §9.13 of this title (relating to General Installers and Repairman Exemption), or an individual exempted from licensing as authorized by Texas Natural Resources Code, §113.081.(b) A licensee shall not connect an LP-gas container or cylinder to a piping installation made by a person who is not licensed to make such installation, except that connection may be made to piping installed by an individual on that individual's single family residential home.(c) A licensee may connect to piping installed by an unlicensed person provided the licensee has verified that the piping is free of leaks and has been installed according to the rules in this chapter, and filed with AFS a completed LPG Form 22, identifying the unlicensed person who installed the LP-gas piping.(d) A licensee is not required to submit LPG Form 22 pursuant to subsection (c) of this section only if the piping system is currently in service and no new piping is installed, the system is in good working order, and the installer cannot be determined.", "sourceNote": "Source Note: The provisions of this §9.134 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197832", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.135", "label": "Unsafe or Unapproved Containers, Cylinders, or Piping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197833", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 58, §§5.2.1.1 and 5.2.2, a licensee or the licensee's employees shall not introduce LP-gas into any container or cylinder if the licensee or employee has knowledge or reason to believe that such container, cylinder, piping, or the system or the appliance to which it is attached is unsafe or is not installed in accordance with the statutes or the rules in this chapter.", "sourceNote": "Source Note: The provisions of this §9.135 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197833", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.136", "label": "Filling of DOT Containers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197834", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 58 §7.4.2.1, single-opening DOT containers of less than 101 pounds LP-gas capacity shall be filled by weight only. The weight of such containers shall be determined by scales that meet the specifications of the National Institute of Standards and Technology's Handbook 44. Scales at licensees' facilities shall be currently registered with the Texas Department of Agriculture. The scales shall have a rated weighing capacity which exceeds the total weight of the cylinders being filled. The scales shall be accurate during the filling of the cylinder. The formula for filling LP-gas containers by weight under this section is as follows:(1) The propane capacity in pounds is determined by multiplying the total water capacity in pounds by .42.(2) The proper scale setting is the total of the tare weight of the cylinder, the propane capacity in pounds, and the weight of the hose and nozzle.(b) Containers designed to be used on forklifts or industrial trucks shall be filled as specified in NFPA 58, §11.13.", "sourceNote": "Source Note: The provisions of this §9.136 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197834", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.137", "label": "Inspection of Cylinders at Each Filling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209538", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 58, §§5.2.1.1, 7.2.2.16, and 5.2.2, before filling a container or cylinder, the individual filling the container or cylinder shall conduct a visual inspection of the exposed, readily accessible areas of the container or cylinder for any obvious defects. Where the container or cylinder is dented, bulged, gouged, or corroded such that the integrity of the container or cylinder is substantially reduced, such container or cylinder shall not be filled.", "sourceNote": "Source Note: The provisions of this §9.137 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209538", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.140", "label": "System Protection Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209539", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Stationary LP-gas installations, including LP-gas transfer systems, dispensing systems, and storage containers, shall be protected from tampering and damage as specified in this section.(b) LP-gas storage containers located on a rural consumer's property from which motor or mobile fuel containers are filled are not required to comply with the fencing and vehicular barrier protection requirements in subsections (c) and (d) of this section.(c) In addition to NFPA 58, §§6.21.4.2, 6.22.3.2(3), 6.27.3.7, 8.2.1.1, and 6.5.4.5, fencing at LP-gas installations shall comply with the following:(1) Uprights, braces, and cornerposts of the fence shall be composed of noncombustible material and shall be anchored in concrete a minimum of 12 inches below the ground.(2) Gates in fences where bulkheads are installed shall be located directly in front of the bulkhead. Gates shall be locked whenever the area enclosed is unattended. Gate posts on gates installed directly in front of the bulkhead shall be located at 45-degree angles to the nearest corner of the bulkhead. (3) ASME containers or manual dispensers originally manufactured to or modified to be considered by AFS as self-contained units are exempt from the fencing requirements. Self-contained units shall be protected as specified in subsection (d) of this section.(4) LP-gas containers located at a private residence are exempt from the fencing requirements. (d) In addition to NFPA 58, §§6.8.1.2, 6.8.6.1(A)-(E), 6.8.6.2(F), 6.27.3.13 and 6.27.3.14, vehicular barrier protection at LP-gas installations, except as noted in this section, shall comply with the following:(1) Vertical supports for vehicular barrier protection shall be at least three-inch schedule 40 steel pipe or other material with equal or greater strength. The vertical supports shall be capped on the top or otherwise protected to prevent the entrance of water or debris; anchored in concrete at least 18 inches below the ground; and rise at least 30 inches above the ground. Supports shall be spaced four feet apart or less.(2) The horizontal guardrailing for vehicular barrier protection shall be secured to the top of the vertical supports at least 30 inches above the ground. The railing shall be at least three-inch schedule 40 steel pipe or other material with equal or greater strength. The railing shall be capped on the ends or otherwise protected to prevent the entrance of water or debris; and welded or bolted to the vertical supports with bolts of sufficient size and strength to prevent damage to the protected equipment under normal conditions, including the nature of the traffic to which the protected equipment is subjected.(3) Locations which have a perimeter fence prohibiting public traffic to the container or cylinder storage area shall not be required to have guardrailing if the vertical supports are located no more than three feet apart.(4) Openings in horizontal guardrailing, except the opening that is permitted directly in front of a bulkhead, shall not exceed three feet. Only one opening is allowed on each side of the guardrailing. A means of temporarily removing the horizontal guardrailing and vertical supports to facilitate the handling of heavy equipment may be incorporated into the horizontal guardrailing and vertical supports. In no case shall the protection provided by the horizontal guardrailing and vertical supports be decreased. Transfer hoses from the bulkhead shall be routed only through the 45-degree opening in front of the bulkhead or over the horizontal guardrailing.(5) Clearance of at least three feet shall be maintained between the vehicular barrier protection and any part of an LP-gas transfer system or container or clearance of two feet for retail service station installations. The two vertical supports at the ends of any vehicular barrier protection which protects a bulkhead shall be located a minimum of 24 and a maximum of 36 inches at 45-degree angles to the nearest corner of the bulkhead.(6) Vehicular barrier protection shall extend at least three feet beyond any part of the LP-gas transfer system or container which is exposed to collision damage or vehicular traffic.(7) Installations which have highway barriers located between vehicular traffic and the container and material handling equipment shall not be required to have vehicular barrier protection installed.(e) If exceptional circumstances exist or will exist at an installation which would require additional protection such as larger-diameter horizontal railing, then the licensee or operator shall install such additional protection. In addition, AFS at its own discretion may require an installation to be protected with added safeguards to adequately protect the health, safety, and welfare of the general public. AFS shall notify the person in writing of the additional protection needed and shall establish a reasonable time period during which the additional protection shall be installed. The licensee shall ensure that any necessary extra protection is installed. If a person owning or operating such an installation disagrees with AFS' determination made under this subsection, that person may request a public hearing on the matter. The installation shall either be protected in the manner prescribed by AFS or removed from service with all product withdrawn from it until AFS' final decision. (f) In addition to NFPA 58 §5.2.8.1, LP-gas installations shall comply with the sign and lettering requirements specified in Table 1 of this section. An asterisk indicates that the requirement applies to the equipment or location listed in that column.Attached Graphic(1) Unless colors are specified, lettering shall be in a color that sharply contrasts to the background color of the sign, and shall be readily visible to the public.(2) Items 1, 2, and 3 in Table 1 may be combined on one sign.(3) Items 1, 2, and 3 in the column entitled \"Licensee or Non-Licensee ASME 4001+ Gal. A.W.C.\" in Table 1 apply to installations with 4,001 gallons or more aggregate water capacity protected only by vehicular barrier protection as required in subsection (d) of this section, and bulkheads as required by §9.143 of this title (relating to Bulkhead, Internal Valve, API 607 Ball Valve, and ESV Protection for Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of 4,001 Gallons or More) for commercial, bulk storage, cylinder filling, or forklift installations.(4) Item 7 in the column entitled \"Storage Racks for DOT Portable or Forklift Containers\" in Table 1 may be met with lettering only one rack when multiple racks are installed.(5) Item 11 in the column entitled \"Requirements\" in Table 1 applies to facilities which have two or more containers.(6) Item 13 in the column entitled \"Requirements\" in Table 1 applies to outlets where an LP-gas certified employee is responsible for the LP-gas activities at that outlet, when a licensee's employee is the operations supervisor at more than one outlet as required by §9.17(a) of this title (relating to Designation and Responsibilities of Company Representative and Operations Supervisor).(7) Any information in Table 1 of this subsection required for an underground container shall be mounted on a sign posted within 15 feet horizontally of the manway or the container shroud.(8) Licensees and non-licensees shall comply with operational and/or procedural actions specified by the signage requirements of this section.(9) Any 24-hour emergency telephone numbers shall be:(A) monitored at all times; and(B) be answered by a person who is knowledgeable of the hazards of LP-gas and who has comprehensive LP-gas emergency response and incident information, or has immediate access to a person who possesses such knowledge and information. A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of this section.(g) In addition to NFPA 58, §8.4.2.2, storage racks used to store DOT cylinders in the horizontal position located in areas frequented by the public shall be protected against vehicular damage by:(1) the use of concrete curbs and/or wheel stops provided: (A) the cylinder storage rack is located a minimum of 48 inches behind a curb or wheel stop that is a minimum of five inches in height above the grade of the driveway or parking area;(B) if the requirements of subparagraph (A) of this paragraph cannot be met, the cylinder storage rack must be installed a minimum of 48 inches behind a curb or wheel stop that is a minimum of four inches in height above the grade of the driveway or parking area, and a wheel stop at least four inches in height must be installed at least 12 inches from the curb or first wheel stop; and(C) if wheel stops are used, all wheel stops must be secured against displacement; or(2) if curbs and/or wheel stops are not installed, guard posts or vehicular barrier protection shall be installed a minimum of 18 inches from each storage rack, and:(A) consist of at least three-inch schedule 40 steel pipe, capped on top or otherwise protected to prevent the entrance of water or debris into the guard post, no more than four feet apart, and anchored in concrete at least 12 inches below ground and rising at least 30 inches above the ground; (B) constructed of at least four-inch schedule 40 steel pipe capped on top or otherwise protected to prevent the entrance of water or debris into the guard post, and attached by welding to a minimum 8-inch by 8-inch steel plate at least 1/2 inch thick. The installed height of the post must be a minimum of 30 inches above the ground. The guard posts and steel plate shall be permanently installed and securely anchored to a concrete driveway or concrete parking area; or (C) meet the requirements of subsection (d) of this section.(h) Fencing, guardrails, and valve locks shall be maintained in good condition at all times in accordance with this chapter.(i) Self-service dispensers shall be protected against vehicular damage by:(1) vehicular barrier protection that complies with subsection (d) of this section; or(2) vertical supports that comply with subsection (d) of this section; or(3) where routine traffic patterns expose only the approach end of the dispenser to vehicular damage, support columns, concrete barriers, bollards, inverted U-shaped guard posts anchored in concrete, or other protection acceptable to AFS, provided:(A) the cylinder storage rack is located a minimum of 48 inches behind a concrete curb or concrete wheel stop that is a minimum of five inches in height above the grade of the driveway or parking area;(B) if the requirements of subparagraph (A) of this paragraph cannot be met, the cylinder storage rack must be installed a minimum of 48 inches behind a concrete curb or concrete wheel stop that is a minimum of four inches in height above the grade of the driveway or parking area, and a concrete wheel stop at least four inches in height must be installed at least 12 inches from the curb or first wheel stop. (j) Self-service dispensers utilizing protection specified in subsection (i)(2) - (3) of this section shall be connected to supply piping by a device designed to prevent the loss of LP-gas in the event the dispenser is displaced. The device must retain liquid on both sides of the breakaway point and be installed in a manner to protect the supply piping against damage.", "sourceNote": "Source Note: The provisions of this §9.140 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209539", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.141", "label": "Uniform Safety Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209540", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 58, §6.8.1.4, containers shall be painted as follows:(1) ASME containers, except vaporizers, shall be painted white or aluminum, or any other heat-reflective color (such as light green, light blue, etc.). Darker, heat-absorbing colors (such as black, navy blue, etc.) shall not be permitted.(2) If AFS disapproves of a certain color, the licensee or ultimate consumer shall provide to AFS information from the container or paint manufacturer stating specific reasons why the color is heat-reflective and should be approved. The AFS director shall make the final determination and shall notify the licensee or ultimate consumer.(b) In addition to NFPA 58, §6.27.4.2, each LP-gas private or public motor/mobile or forklift refueling installation which includes a liquid dispensing system shall incorporate into that dispensing system a breakaway device.(1) Any vapor return hose installed at such installations shall also be equipped with a breakaway device.(2) LP-gas installations at which forklift cylinders are completely removed from the forklift before being filled are not required to have a breakaway device.(3) In addition to NFPA 58, §6.27.4.1, the overall length of hose on vehicle fuel dispensers used to transfer LP-gas into engine fuel and mobile containers on vehicles shall not exceed 18 feet measured from the point where the hose attaches to rigid piping downstream of the pump to the end of the dispensing hose. If a section of hose not exceeding 36 inches in length is installed for flexibility between the listed emergency breakaway device and the rigid piping downstream of the pump, then the 18 feet of dispensing hose will be measured from the outlet of the emergency breakaway device.(c) Any ball-type shutoff valve less than two inches in size shall have a locking handle. If a ball-type shutoff valve of any size has a locking handle installed at the terminal end of the hose, the main liquid and/or vapor valves or main shutoff valves on the stationary container at an attended installation may remain open as long as the locking handle on the transfer hose remains locked until the transfer hose is properly connected. If a ball-type shutoff valve two inches or larger in size does not have a locking handle, the main liquid and/or vapor valves or main shutoff valves on the stationary container shall remain closed at all times and shall not be opened until the transfer hose is properly connected or disconnected.(d) A retail operated service station installation shall be equipped with a pump.(e) In addition to NFPA 58, §5.2.8.1, all containers shall be numbered in accordance with the requirements set forth in Table 1 of §9.140 of this title (relating to System Protection Requirements).(f) In addition to NFPA 58, §6.5.4.1, no canopies or coverings are allowed over any stationary ASME container of 125 gallons or more or over loading and unloading areas where LP-gas transport transfer operations are performed. Non-combustible wind breaks and other weather protection may be installed in accordance with NFPA 58, §6.7.1.1 and §6.25.3.3 to provide employees and customers protection against the elements of weather, but shall not be installed over any portion of an LP-gas container.(g) Any container that may have contained product other than LP-gas shall be thoroughly cleaned and purged prior to introducing LP-gas into such container. Only grades of LP-gas determined to be noncorrosive may be introduced into any container. LP-gas may not contain anhydrous ammonia, hydrogen sulfide, or any other contaminant.(1) If it is known or suspected that the LP-gas has been or may be contaminated, the person responsible for the contamination shall have one or more of the tests contained in \"Liquefied Petroleum Gas Specifications for Test Methods, Gas Processors Association (GPA) 2140\" performed by a testing laboratory or individual qualified to perform the tests. AFS may request information necessary to determine the qualification of any testing laboratory or individual.(2) The results of the tests shall certify whether the LP-gas is contaminated or corrosive, whether the use of the LP-gas in the containers will damage either the stationary or non-stationary containers or the container valves, fittings, or appurtenances, or whether the contaminated product or container or container valves, fittings, or appurtenance will endanger the health, safety, and welfare of the general public.(3) Based on the results of the tests, AFS may require that the LP-gas be removed immediately from the container or that the container be removed immediately from LP-gas service.(h) A container designed for underground installation only shall not contain liquid fuel at any time the container is aboveground or uncovered.(i) Racks used to store cylinders awaiting use or resale shall be installed on firm, level ground. In addition to NFPA 58 §8.4.1.1, a distance of five feet shall be maintained between the rack and any sources of ignition and combustible materials.", "sourceNote": "Source Note: The provisions of this §9.141 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209540", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.142", "label": "LP-Gas Container Storage and Installation Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209541", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as noted in this section and in addition to NFPA 58 §6.4.1.1, LP-gas containers shall be stored or installed in accordance with the distance requirements in NFPA 58, §§6.2.2, 6.4.4, and 8.4.1 and any other applicable requirements in NFPA 58 or the rules in this chapter.(1) An LP-gas liquid dispensing installation other than a retail operated service station installation is not required to have a pump, provided that the storage containers are located one and one half times the required distances specified in NFPA 58, §6.4.1.1, or a minimum distance of 15 feet if the storage container is less than 125 gallons water capacity.(2) Any LP-gas container constructed prior to 1970 which has an odd-numbered water gallon capacity (for example, 517 water gallons instead of 500 water gallons) that is not more than 5.0% greater than the standard water gallon capacity may be installed utilizing the minimum distance requirement based on the standard water gallon capacity.(b) Each industrial plant, bulk plant, and distributing point with an aggregate water capacity of 4,000 gallons or less shall be provided with at least one portable fire extinguisher in accordance with NFPA 58 §4.7 having a minimum capacity of 18 lb (8.2 kg) of dry chemical.", "sourceNote": "Source Note: The provisions of this §9.142 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209541", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "B", "label": "LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS" }, "rule": { "number": "§9.143", "label": "Piping and Valve Protection for Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of 4,001 Gallons or More" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197869", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Instead of NFPA 58, §6.14, all new stationary LP-gas installations with individual or aggregate water capacities of 4,001 gallons or more shall:(1) install a vertical bulkhead complying with subsection (d) of this section; and (2) install one of the following in all container openings 1 1/4 inches or greater, as required in this section and §9.126 of this title (relating to Appurtenances and Equipment):(A) pneumatically-actuated or electrically-actuated emergency shutoff valves (ESV);(B) pneumatically-actuated or electrically-actuated internal valves;(C) pneumatically-actuated or electrically-actuated API 607 ball valves; or(D) in lieu of the ESV or internal valve specified in subparagraphs (A) and (B) of this paragraph, a backflow check valve may be installed where the flow is in one direction into the container. The backflow check valve shall have a metal-to-metal seat or a primary resilient seat with metal backup, not hinged with combustible material, and shall be designed for the specific application.(b) Valve protection requirements.(1) The pneumatic ESV and/or backflow check valves shall be installed in the fixed piping of the transfer system upstream of the bulkhead and within four feet of the bulkhead with a stainless steel flexible wire-braided hose not more than 36 inches long installed between the ESV and the bulkhead.(2) The ESV shall be installed in the piping so that any break resulting from a pull away will occur on the hose or swivel-type piping side of the connection while retaining intact the valves and piping on the storage side of the connection and will activate the ESV at the bulkhead and the internal valves, ESV, and API 607 ball valves at the container or containers. Provisions for anchorage and breakaway shall be provided on the cargo tank side for transfer from a railroad tank car directly into a cargo tank. Such anchorage shall not be required from the tank car side.(3) Pneumatically-actuated or electrically-actuated ESV, internal valves, and API 607 ball valves shall be equipped for automatic shutoff using thermal (fire) actuation where the thermal element is located within five feet (1.5 meters) of the ESV, internal valves, and/or API 607 ball valves. Temperature sensitive elements shall not be painted nor shall they have any ornamental finishes applied after manufacture.(4) Internal valves, ESVs, and backflow check valves shall be tested annually for working order. The results of the tests shall be documented in writing and kept in a readily accessible location for one year following the performed tests. (5) Pneumatically-actuated or electrically-actuated internal valves, ESV, and API 607 ball valves shall be interconnected and incorporated into at least one remote operating system.(c) In addition to NFPA 58 §5.9.4.1, stationary LP-gas installations or railroad tank car transfer systems to fill trucks with no stationary storage involved shall have vertical bulkheads, pneumatic ESV and/or backflow check valves installed where the flow is in one direction into the container. ESVs, internal valves, and API 607 ball valves shall have emergency remote controls conspicuously marked according to the requirements of Table 1 of §9.140 of this title (relating to System Protection Requirements) as follows:(1) For all new and existing facilities, where a bulkhead, internal valves, and ESVs are installed, at least one clearly identified and easily accessible manually operated remote emergency shutoff device shall be located between 20 and 100 feet from the ESV in the path of egress from the ESV.(2) In addition to NFPA 58 §7.2.3.8 beginning September 1, 2005, for new installations, at least one clearly identified and easily accessible manually operated remote emergency shutoff device shall be located between 25 and 100 feet from the ESV at the bulkhead and in the path of egress from the ESV. API 607 ball valves installed after February 1, 2008, shall also meet the requirements of this section. (d) Existing installations which have horizontal bulkheads and cable-actuated ESV shall comply with the following:(1) If the horizontal bulkhead requires replacement, it shall be replaced with a vertical bulkhead; (2) If a cable-actuated ESV requires replacement, it shall be replaced with a pneumatically-actuated or electrically-actuated ESV;(3) If the horizontal bulkhead or a backflow check valve or a cable-actuated ESV are moved from their original location to another location, no matter what the distance from the original location, then the installation shall comply with the requirements for a vertical bulkhead and pneumatically-actuated or electrically-actuated ESV;(4) All cable-actuated ESV shall be replaced with pneumatically-actuated or electrically-actuated ESV by January 1, 2011.(e) Bulkheads, whether horizontal or vertical, shall comply with the following requirements:(1) Bulkheads shall be installed for both liquid and vapor return piping.(2) No more than two transfer hoses shall be attached to a pipe riser. If two hoses are simultaneously connected to one or two transports, the use of the two hoses shall not prevent the activation of the ESV in the event of a pull away.(3) Both liquid and vapor transfer hoses shall be plugged or capped when not in use.(4) Bulkheads shall be located at least 10 feet from any aboveground container or containers and a minimum of 10 feet horizontally from any portion of a container or valve exposed aboveground on any underground or mounded container. If the 10-foot distance cannot be obtained, the licensee or nonlicensee shall inform AFS in writing and include all necessary information. AFS may grant administrative distance variances to a minimum distance of five feet. If the licensee or nonlicensee requests that the bulkhead be closer than five feet to the container or containers, the licensee or nonlicensee shall apply for an exception to a safety rule as specified in §9.27 of this title (relating to Application for an Exception to a Safety Rule).(5) Horizontal bulkheads shall not be converted to vertical bulkheads.(6) Bulkheads shall be anchored in reinforced concrete to prevent displacement of the bulkhead, piping, and fittings in the event of a pullaway.(7) Bulkheads shall be constructed by welding using the following materials or materials with equal or greater strength, as shown in the diagram.Attached Graphic(A) Six-inch steel channel iron shall be used.(B) Legs shall be four-inch schedule 80 piping.(C) The top crossmember of a vertical bulkhead shall be six-inch standard weight steel channel iron. The channel iron shall be installed so the channel portion is pointing downward to prevent accumulation of water or other debris. The height of the top crossmember above ground shall not result in torsional stress on the vertical supports of the bulkhead in the event of a pullaway.(D) The kick plate shall be at least 1/4 inch steel plate installed at least 10 inches from the top of the bulkhead crossmember. A kick plate is not required if the crossmember is constructed to prevent torsional stress from being placed on the piping to the pipe risers.(E) Pipe sleeves or couplings shall comply with clause (i) or (ii) of this subparagraph.(i) Either a schedule 40 pipe sleeve or a 3,000-pound coupling shall be welded between the top crossmember and the kick plate;(I) Pipe sleeves shall have a clearance of 1/4 inch or less for the piping to the pipe riser, and the piping shall terminate through the bulkhead with a schedule 80 pipe collar, a minimum 12-inch schedule 80 threaded (not welded) pipe riser (nipple), and an elbow or other fitting between the bulkhead and hose coupling;(II) If a 3,000-pound coupling is used, no collar is required; however, the minimum 12-inch length of schedule 80 threaded pipe riser and an elbow or other fitting between the bulkhead and hose coupling are required;(III) Elbows or other fittings shall comply with NFPA 58, §5.11.4 and shall direct the transfer hose from vertical to prevent binding or kinking of the hose; or(ii) A pre-manufactured riser pipe break-away coupler shall be designed with an engineered break point located between two swing check valves.(I) The riser pipe break-away coupler shall be designed so that the device used in the loading or unloading operations is able to stop the flow of product from both the source and the receiving tank within 20 seconds without human intervention in the event of a pullaway; and (II) The riser pipe break-away shall be designed to direct the transfer hose from vertical to prevent binding or kinking of the hose.(8) In lieu of a minimum 12-inch nipple on a vertical bulkhead, swivel-type piping (breakaway loading arm) may be installed. The swivel-type piping shall meet all applicable provisions of the rules in this chapter. The swivel-type piping may also be used for loading, unloading, or product transfer, but shall not be used in lieu of ESVs. The swivel-type piping shall be installed and maintained according to the manufacturer's instructions.(9) AFS may require additional bulkhead protection if the installation is subject to exceptional circumstances or located in an unusual area where additional protection is necessary to protect the health, safety, and welfare of the general public.(f) The bulkheads, internal valves, backflow check valves, and ESVs shall be kept in working order at all times in accordance with the manufacturer's instructions and the rules in this chapter. If the bulkheads, internal valves, backflow check valves and ESVs are not in working order in accordance with the manufacturer's instructions and the rules in this chapter, the licensee or operator of the installation shall immediately remove them from LP-gas service and shall not operate the installation until all necessary repairs have been made.(g) In addition to NFPA 58 §§5.11.6 and 6.11.6.1, by February 1, 2003, rubber flexible connectors which are 3/4-inch or larger in size installed in liquid or vapor piping at an existing liquid transfer operation shall have been replaced with a stainless steel flexible connector. Stainless steel flexible connectors shall be 60 inches in length or less, and shall comply with all applicable rules in this chapter. Flexible connectors installed at a new installation after February 1, 2001, shall be stainless steel.(h) If necessary to increase LP-gas safety, AFS may require a pneumatically-actuated or electrically-actuated internal valve equipped for remote closure and automatic shutoff through thermal (fire) actuation to be installed for certain liquid and/or vapor connections with an opening of 3/4 inch or one inch in size.(i) Stationary LP-gas installations with individual or aggregate water capacities of 4,001 gallons or more are exempt from subsections (a) through (c) of this section provided:(1) each container is filled solely through a 1 3/4 inch double back check filler valve installed directly into the container; (2) at least one clearly identified and easily accessible manually operated remote emergency shutoff device shall be located between 25 and 100 feet from the point of transfer in the path of egress to close the primary discharge valves in the containers; and(3) the LP-gas installation is not used to fill an LP-gas transport.", "sourceNote": "Source Note: The provisions of this §9.143 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197869", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "C", "label": "VEHICLES" }, "rule": { "number": "§9.201", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209542", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter applies to transport containers and moveable fuel storage tenders such as farm carts constructed to MC-330 or MC-331 Department of Transportation (DOT) specifications, nonspecification units, container delivery units, school buses, mass transit vehicles, special transit vehicles, and public transportation vehicles.(1) Transfer of LP-gas from one transport to another shall be permitted only through a hose with a nominal inside diameter of 1 1/4 inch or less and protected by an off-truck remote control shutdown as required in Title 49 Code of Federal Regulations (CFR) §173.315(n)(3).(2) An LP-gas transport shall not be joined to manifold piping or to a stationary container for use as an auxiliary storage container at any stationary installation except with prior approval from AFS.(b) All transports and moveable fuel storage tenders shall comply with MC-330 or MC-331, or the exemption in 49 CFR §173.315(k).(c) Licensees and ultimate consumers shall comply with other DOT or motor vehicle requirements, if applicable. In addition, transports and container delivery units shall also comply with the applicable sections of 49 CFR, the Federal Motor Vehicle Safety Standards, and any other applicable regulations. Examples of such additional requirements are as follows:(1) 49 CFR §177.834(j) states: \"Except for a cargo tank conforming to §173.29(b)(2) of this subchapter, a person may not drive a cargo tank motor vehicle containing a hazardous material regardless of quantity unless: (1) All manhole closures are closed and secured; and (2) All valves and other closures in liquid discharge systems are closed and free of leaks, except external emergency self-closing valves on MC 338 cargo tanks containing the residue of cryogenic liquids may remain either open or closed during transit.\"(2) 49 CFR §177.840(g) states: \"Each liquid discharge valve on a cargo tank motor vehicle, other than an engine fuel line valve, must be closed during transportation except during loading and unloading.\"(3) 49 CFR §180.405(n) states: \"Thermal activation. No later than the date of its first scheduled leakage test after July 1, 1999, each specification MC 330 or MC 331 cargo tank motor vehicle and each nonspecification cargo tank motor vehicle conforming to §173.315(k) of this subchapter, marked and certified before July 1, 1999, that is used to transport a liquefied compressed gas, other than carbon dioxide and chlorine, that has a water capacity of 13,247.5 liters (3,500 gallons) or less must be equipped with a means of thermal activation for the internal self-closing stop valve as specified in §178.337-8(a)(4) of this subchapter.\"", "sourceNote": "Source Note: The provisions of this §9.201 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209542", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "C", "label": "VEHICLES" }, "rule": { "number": "§9.202", "label": "Registration and Transfer of LP-Gas Transports or Container Delivery Units" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197871", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who operates a transport equipped with LP-gas cargo tanks or any container delivery unit, regardless of who owns the transport or unit, shall register such transport or unit with AFS in the name or names under which the operator conducts business in Texas prior to the unit being used in LP-gas service.(1) To register a cargo tank unit previously unregistered in Texas, the operator of the unit shall:(A) pay to AFS the $270 registration fee for each bobtail truck, semitrailer, or other motor vehicle equipped with LP-gas cargo tanks;(B) file a properly completed LPG Form 7;(C) file a copy of the Manufacturer's Data Report;(D) file a copy of the DOT Certificate of Compliance; and(E) file a copy of the hydrostatic or pneumatic test required by §9.208 of this title (relating to Testing Requirements), unless the unit was manufactured within the previous five years or 10 years for units which meet the exemption in 49 CFR 180.407(c).(2) To register a container delivery unit previously unregistered in Texas, the operator of the unit shall:(A) pay to AFS the $270 registration fee for each container delivery unit; and(B) file a properly completed LPG Form 7A.(3) To register a bobtail truck, semitrailer, container delivery unit, or other motor vehicle equipped with LP-gas cargo tanks which was previously registered in Texas but for which the registration has expired, the operator of the unit shall:(A) pay to AFS the $270 registration fee;(B) file a properly completed LPG Form 7 for cargo tanks or LPG Form 7A for container delivery units; and(C) for cargo tanks, file a copy of the latest test results if an expired unit has not been used in the transportation of LP-gas for over one year or if a current hydrostatic test has not been filed with AFS.(4) To re-register a currently registered unit, the licensee operating the unit shall pay a $270 annual registration fee.(5) To transfer a currently registered unit, the new operator of the unit shall:(A) pay the $100 transfer fee for each unit; and(B) file a properly completed LPG Form 7T.(b) AFS may also request that an operator registering or transferring any unit have the unit tested by a test other than those required by §9.208 of this title.(c) When all registration or transfer requirements have been met, AFS shall issue LPG Form 4 which shall be properly affixed in accordance with the placement instructions on the form. LPG Form 4 shall authorize the licensee or ultimate consumer to whom it has been issued and no other person to operate such unit in the transportation of LP-gas and to fill the transport containers.(1) A person shall not operate an LP-gas transport unit or container delivery unit in Texas unless the LPG Form 4 has been properly affixed or unless its operation has been specifically approved by AFS.(2) A person shall not introduce LP-gas into a transport container unless that unit bears an LPG Form 4 or unless specifically approved by AFS.(3) LPG Form 4 shall not be transferable by the person to whom it has been issued, but shall be registered by any subsequent licensee or ultimate consumer prior to the unit being placed into LP-gas service.(4) This subsection shall not apply to:(A) a container manufacturer/fabricator who introduces a reasonable amount of LP-gas into a newly constructed container in order to properly test the vessel, piping system, and appurtenances prior to the initial sale of the container. The liquid LP-gas shall be removed from the transport container prior to the unit leaving the container manufacturer/fabricator's premises; or(B) a person who introduces a maximum of 150 gallons of LP-gas into a newly constructed transport container when such container will provide the motor fuel to the chassis engine for the purpose of allowing the unit to reach its destination.(5) AFS shall not issue an LPG Form 4 if:(A) AFS or a Category A, B, or O licensee determines that the transport is unsafe for LP-gas service;(B) AFS does not have an inspection record of the transport or cylinder delivery unit by a Commission representative within four years of its initial registration; or(C) AFS has not inspected the transport or cylinder delivery unit at least once every four years after the initial registration.(6) If an LPG Form 4 decal on a unit currently registered with AFS is destroyed, lost, or damaged, the operator of that vehicle shall obtain a replacement decal by filing LPG Form 18B and a $50 replacement fee with AFS.", "sourceNote": "Source Note: The provisions of this §9.202 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197871", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "C", "label": "VEHICLES" }, "rule": { "number": "§9.203", "label": "School Bus, Public Transportation, Mass Transit, and Special Transit Vehicle Installations and Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197872", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After the manufacture of or the conversion to an LP-gas system on any vehicle to be used in Texas as a school bus, mass transit, public transportation, or special transit vehicle, the manufacturer, licensee, or ultimate consumer making the installation or conversion shall notify AFS, in writing on LPG Form 503 that the applicable LP-gas powered vehicles are ready for a complete inspection to determine compliance with the rules in this chapter.(b) AFS shall conduct the inspection within a reasonable time to ensure the vehicles are operating in compliance with the rules in this chapter.(1) If AFS' initial complete inspection finds the vehicle in compliance with the rules in this chapter and the statutes, the vehicle may be placed into LP-gas service. For fleet installations of identical design, an initial inspection shall be conducted prior to the operation of the first vehicle, and subsequent vehicles of the same design may be placed into service without prior inspections.(2) If violations exist at the time of the initial complete inspection, the vehicle shall not be placed into LP-gas service and the manufacturer, licensee, or ultimate consumer making the installation or conversion shall correct the violations. The manufacturer, licensee, or ultimate consumer shall file with AFS documentation demonstrating compliance with the rules in this chapter, or AFS shall conduct another complete inspection before the vehicle may be placed into LP-gas service.(3) For public transportation vehicles only, if AFS does not conduct the initial inspection of such vehicle within 30 business days of receipt of LPG Form 503, the vehicle may be operated in LP-gas service if it complies with the rules in this chapter.(c) The manufacturer, licensee, or ultimate consumer making the installation or conversion shall be responsible for compliance with the rules in this chapter, statutes, and any other local, state, or federal requirements.(d) If the requested AFS inspection identifies violations requiring modifications by the manufacturer, licensee, or ultimate consumer, AFS shall consider the assessment of an inspection fee to cover the costs associated with any additional inspection, including mileage and per diem rates set by the legislature.", "sourceNote": "Source Note: The provisions of this §9.203 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197872", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "C", "label": "VEHICLES" }, "rule": { "number": "§9.204", "label": "Maintenance of Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197873", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All LP-gas vehicles and vehicle containers, valves, dispensers, accessories, piping, transfer equipment, gas container, gas utilization equipment, and appliances shall be maintained in safe working order and in accordance with the manufacturer's instructions and the rules in this chapter.(b) If any of the LP-gas vehicles and vehicle containers, valves, dispensers, accessories, piping, transfer equipment, gas containers, gas utilization equipment, or appliances is not in safe working order, AFS may require that the vehicle be immediately removed from LP-gas service and not be operated until the necessary repairs have been made.", "sourceNote": "Source Note: The provisions of this §9.204 adopted to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197873", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "C", "label": "VEHICLES" }, "rule": { "number": "§9.206", "label": "Vehicle Identification Labels" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197874", "queryAsDate": "03/11/2026" }, "ruleBody": "LP-gas shall not be introduced into any vehicle powered by LP-gas and designed for regular use on public roadways unless the vehicle is properly identified by a weather-resistant diamond-shaped label described in NFPA 58, §12.3.4.2, as that section is amended in Table 1 of §9.403 of this title (relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted With Changes or Additional Requirements).", "sourceNote": "Source Note: The provisions of this §9.206 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197874", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "C", "label": "VEHICLES" }, "rule": { "number": "§9.208", "label": "Testing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209543", "queryAsDate": "03/11/2026" }, "ruleBody": "Each transport container unit required to be registered with AFS shall be tested in accordance with 49 CFR 180.407, relating to requirements for test and inspection of specification cargo tanks. The tests shall be conducted by any individual authorized by the United States Department of Transportation through a DOT \"CT\" number to conduct such tests. This section shall not apply to the initial transfer of unregistered units that are tested and transferred from another state. If the test results show any unsafe condition, or if the transport unit does not comply with 49 CFR Parts 100 - 185, the transport container unit shall be immediately removed from LP-gas service and shall not be returned to LP-gas service until all necessary repairs have been made and AFS authorizes in writing its return to service.", "sourceNote": "Source Note: The provisions of this §9.208 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209543", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "C", "label": "VEHICLES" }, "rule": { "number": "§9.211", "label": "Markings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197876", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 58 §9.4.6.2, each LP-gas transport and container delivery unit in LP-gas service shall be marked on each side and the rear with the name of the licensee or the ultimate consumer operating the unit. Such lettering shall be legible and at least two inches in height and in sharp color contrast to the background. AFS shall determine whether the name marked on the unit is sufficient to properly identify the licensee or ultimate consumer operating the unit.(b) In addition to NFPA 58 §12.5.13(2), the location of the manual shutoff valve on each school bus, special transit vehicle, mass transit vehicle, and public transportation unit shall be marked \"Manual Shutoff Valve.\" Decals or stencils are acceptable.", "sourceNote": "Source Note: The provisions of this §9.211 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "C", "label": "VEHICLES" }, "rule": { "number": "§9.212", "label": "Manifests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197877", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All manifests or bills of lading shall indicate the amount and type of odorant per gross gallons, the vapor pressure of the product at 100 degrees Fahrenheit, the net gallons, the loading temperature, the specific gravity at 60 degrees Fahrenheit, the type of product, and the United Nations number with verification by the loading entity and loader. A copy of the manifest or bill of lading shall be given to the entity receiving the shipment.(b) This requirement shall not apply to loads covered by permanent shipping papers authorized by DOT.(c) Manifests shall be made available to the Commission upon request.", "sourceNote": "Source Note: The provisions of this §9.212 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197877", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "D", "label": "ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)" }, "rule": { "number": "§9.301", "label": "Adoption by Reference of NFPA 54" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197878", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective September 1, 2020, except as modified in the remaining sections of this subchapter, the Commission adopts by specific reference the provisions established by the National Fire Protection Association in its 2018 edition of the National Fuel Gas Code, commonly referred to as NFPA 54 or Pamphlet 54. Nothing in this section or subchapter shall prevent the Commission, after notice, from adopting additional requirements, whether more or less stringent, for individual situations to protect the health, safety, and welfare of the general public. Any documents or parts of documents incorporated by reference into these rules shall be a part of these rules as if set out in full.(b) Effective September 1, 2020, the Commission also adopts by reference all other NFPA publications or portions of those publications referenced in NFPA 54 which apply to LP-gas activities only. The adopted pamphlets referenced in NFPA 54 are:(1) NFPA 30A, Code for Motor Fuel Dispenser Facilities and Repair Garages, 2018 edition;(2) NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2018 edition;(3) NFPA 51, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting, and Allied Processes, 2018 edition;(4) NFPA 52, Vehicular Fuel Systems Code, 2016 edition;(5) NFPA 58, Liquefied Petroleum Gas Code, 2017 edition, as amended in Subchapter E of this chapter (relating to Adoption by Reference of NFPA 58 (LP-Gas Code));(6) NFPA 70, National Electrical Code, 2017 edition;(7) NFPA 82, Standard on Incinerators and Waste, and Linen Handling Systems and Equipment, 2014 edition;(8) NFPA 88A, Standard for Parking Structures, 2015 edition;(9) NFPA 90A, Standard for the Installation of Air Conditioning and Ventilating Systems, 2018 edition;(10) NFPA 90B, Standard for the Installation of Warm Air Heating and Air Conditioning Systems, 2018 edition;(11) NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 2017 edition;(12) NFPA 211, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances, 2016 edition;(13) NFPA 409, Standard on Aircraft Hangars, 2016 edition;(14) NFPA 780, Standard for the Installation of Lightning Protection Systems, 2017 edition;(15) NFPA 853, Standard for the Installation of Station Fuel Cell Power Systems, 2015 edition; and(16) NFPA 1192, Standard on Recreational Vehicles, 2018 edition.", "sourceNote": "Source Note: The provisions of this §9.301 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197878", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "D", "label": "ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)" }, "rule": { "number": "§9.302", "label": "Clarification of Certain Terms Used in NFPA 54" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197879", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority having jurisdiction. As pertains to LP-gas activities in Texas, the phrase \"authority having jurisdiction\" defined in NFPA 54, §3.2, and referenced in other NFPA publications shall be the Railroad Commission of Texas or any of its divisions or employees, except with respect to the definitions of \"approved,\" \"engineering,\" \"labeled,\" and \"listed\" in NFPA 54, §3.2.(b) Qualified agency. The term \"qualified agency\" as defined in NFPA 54, §3.3.81, shall include a person (as \"person\" is defined in §9.2 of this title (relating to Definitions)) who holds a current license issued by the Commission, or a person performing certain LP-gas activities on his own premises, as allowed in §9.134 of this title (relating to Connecting Container to Piping).(c) Engineering. The Commission does not adopt language in any NFPA 54 rule such as \"sound engineering practice,\" \"accepted engineering practice,\" \"good engineering practice,\" \"sound engineering design,\" or similar language that might be understood to mean or refer to the practice of engineering. The omission of a specific NFPA 54 rule or other NFPA pamphlets containing such language from the exceptions listed in this subchapter is inadvertent and shall not be read or understood as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring a license.", "sourceNote": "Source Note: The provisions of this §9.302 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197879", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "D", "label": "ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)" }, "rule": { "number": "§9.303", "label": "Exclusion of NFPA 54, §10.28" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197880", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission does not adopt NFPA 54, §10.28, which refers to NFPA 52, Vehicular Fuel Systems Code. Persons engaging in CNG activities shall comply with the Commission's adopted rules in Chapter 13 of this title (relating to Regulations for Compressed Natural Gas (CNG)).", "sourceNote": "Source Note: The provisions of this §9.303 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197880", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "D", "label": "ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)" }, "rule": { "number": "§9.304", "label": "Unvented Appliances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197881", "queryAsDate": "03/11/2026" }, "ruleBody": "An individual who services and repairs an LP-gas appliance not required by the manufacturer to be vented to the atmosphere is exempt from the requirement to obtain a Category D license as specified in §9.6 of this title (relating to License Categories, Container Manufacturer Registration, and Fees). An individual who installs these unvented appliances to LP-gas systems by means of LP-gas appliance connectors is also exempt from Category D licensing.", "sourceNote": "Source Note: The provisions of this §9.304 adopted to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197881", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "D", "label": "ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)" }, "rule": { "number": "§9.306", "label": "Room Heaters in Public Buildings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197882", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to applicable requirements in NFPA 54, §10.22.3, Installation of Specific Appliances, room heaters in schools, day care centers, foster homes, hotels or other similar buildings or rooms used for temporary lodging shall be vented and equipped with a safety shut-off device, except that room heaters with 40,000 Btu or less input and infrared heaters are not required to be vented, but shall have a safety shutoff device and an oxygen depletion system (ODS).", "sourceNote": "Source Note: The provisions of this §9.306 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197882", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "D", "label": "ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)" }, "rule": { "number": "§9.307", "label": "Identification of Converted Appliances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197883", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements of NFPA 54, §9.1.3, and NFPA 58, §5.23, upon completion of the conversion and testing of LP-gas appliances, the licensee, registrant, or appliance manufacturer making the conversion shall attach to each such appliance a decal or tag of metal or other permanent material indicating that the appliance is converted for use with LP-gas.(b) Conversion of an appliance for use with LP-gas by an authorized representative of the appliance manufacturer, using parts provided by the manufacturer, is not an activity requiring licensing pursuant to Texas Natural Resources Code, §113.081.", "sourceNote": "Source Note: The provisions of this §9.307 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197883", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "D", "label": "ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)" }, "rule": { "number": "§9.308", "label": "Installation of Piping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197884", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements of NFPA 54, Chapter 7, Gas Piping Installation, LP-gas piping shall be installed, altered, repaired, pressure tested, and leakage tested only by persons properly certified by the Commission pursuant to §9.10 and §9.13 of this title (relating to Rules Examination, and General Installers and Repairman Exemption, respectively).(b) Licensees and registrants shall document and retain such documentation of all pressure and leakage tests pursuant to §9.4 of this title (relating to Records).(c) When connecting to or supplying a new piping system with corrugated stainless steel tubing (CSST), the licensee or registrant shall verify the system is bonded.(d) In addition to NFPA 58 §5.11.5, licensees and registrants shall retain written proof regarding any current certifications required by the manufacturer for installation and repair methods for CSST, polyethylene, and polyamide pipe and tubing, including heat-fusion.", "sourceNote": "Source Note: The provisions of this §9.308 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197884", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "D", "label": "ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)" }, "rule": { "number": "§9.311", "label": "Special Exceptions for Agricultural and Industrial Structures Regarding Appliance Connectors and Piping Support" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197885", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements of NFPA 54, §9.6.2 and NFPA 58 §5.11.6.5 regarding gas hose connectors, agricultural structures, such as greenhouses or broiler houses, or industrial structures not inhabited by humans may use a gas hose connector more than six feet in length as an appliance connector provided that:(1) the hose used shall be marked as acceptable for LP-gas service;(2) the hose shall comply with NFPA 58, §§5.11.6.1 through 5.11.6.4;(3) the length of the hose used shall be only that which is sufficient to serve the purpose for which it is intended; and(4) manufactured hose connections, such as quick-connect or threaded fittings, shall be used.(b) Only broiler houses and other types of poultry houses may connect LP-gas piping with stainless steel screw-type banded clamps in lieu of the required manufactured hose connections specified in subsection (a)(4) of this section, provided that the clamps are properly installed and the connections are gas-tight, that the clamps are used in conjunction with hose barb adaptors, and that the system's operating pressure is 6 1/2 ounces or less. Other agricultural structures shall comply with the requirements of subsection (a)(4) of this section.(c) Items listed in NFPA 54, §1.1.1.2(2) must comply with the requirements of NFPA 58 as adopted in Subchapter E of this chapter (relating to Adoption by Reference of NFPA 58 (LP-Gas Code)).", "sourceNote": "Source Note: The provisions of this §9.311 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197885", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "D", "label": "ADOPTION BY REFERENCE OF NFPA 54 (NATIONAL FUEL GAS CODE)" }, "rule": { "number": "§9.313", "label": "Sections in NFPA 54 Adopted with Additional Requirements or Not Adopted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197886", "queryAsDate": "03/11/2026" }, "ruleBody": "Table 1 of this section lists certain NFPA 54 sections which the Commission adopts with additional requirements, changes, or does not adopt in order to address the Commission's rules in this chapter. Attached Graphic", "sourceNote": "Source Note: The provisions of this §9.313 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197886", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "E", "label": "ADOPTION BY REFERENCE OF NFPA 58 (LP-GAS CODE)" }, "rule": { "number": "§9.401", "label": "Adoption by Reference of NFPA 58" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134586", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective September 1, 2020, except as modified in this subchapter, the Commission adopts by specific reference the provisions established by the National Fire Protection Association (NFPA) in its 2017 edition of the Liquefied Petroleum Gas Code, commonly referred to as NFPA 58 or Pamphlet 58. Nothing in this section or subchapter shall prevent the Commission, after notice, from adopting additional requirements, whether more or less stringent, for individual situations to protect the health, safety and welfare of the general public. Any documents or parts of documents incorporated by reference into these rules shall be a part of these rules as if set out in full.(b) Effective September 1, 2020, the Commission also adopts by reference all other NFPA publications or portions of those publications referenced in NFPA 58, §2.1, which apply to LP-gas activities only. The adopted pamphlets referenced in NFPA 58 are:(1) NFPA 10, Standard for Portable Fire Extinguishers, 2013 edition;(2) NFPA 13, Standard for the Installation of Sprinkler Systems, 2016 edition;(3) NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection, 2017 edition;(4) NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 2017 edition;(5) NFPA 30, Flammable and Combustible Liquids Code, 2015 edition;(6) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2015 edition;(7) NFPA 51B, Standard for Fire Prevention in Use of Cutting and Welding Processes, 2014 edition;(8) NFPA 54, National Fuel Gas Code, 2018 edition, as amended in Subchapter D of this chapter (relating to Adoption by Reference of NFPA 54 (National Fuel Gas Code));(9) NFPA 55, Standard for the Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationary Containers, Cylinders, and Tanks, 2016 edition;(10) NFPA 59, Utility LP-Gas Plant Code, 2015 edition;(11) NFPA 70, National Electrical Code, 2017 edition;(12) NFPA 99, Standard for Health Care Facilities, 2015 edition;(13) NFPA 101, Life Safety Code, 2015 edition;(14) NFPA 160, Standard for the Use of Flame Effects Before an Audience, 2016 edition;(15) NFPA 220, Standard on Types of Building Construction, 2015 edition;(16) NFPA 1192, Standard on Recreational Vehicles, 2015 edition.", "sourceNote": "Source Note: The provisions of this §9.401 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134586", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "E", "label": "ADOPTION BY REFERENCE OF NFPA 58 (LP-GAS CODE)" }, "rule": { "number": "§9.402", "label": "Clarification of Certain Terms Used in NFPA 58" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209544", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority having jurisdiction. As pertains to LP-gas activities in Texas, the phrase \"authority having jurisdiction\" defined in NFPA 58, §3.2, and referenced in other NFPA publications shall be the Railroad Commission of Texas or any of its divisions or employees, except with respect to the definitions of \"approved,\" \"labeled,\" and \"listed\" in NFPA 58, §3.2.(b) Engineering. The Commission does not adopt language in any NFPA 58 rule such as \"sound engineering practice,\" \"accepted engineering practice,\" \"good engineering practice,\" \"sound engineering design,\" or similar language that might be understood to mean or refer to the practice of engineering. The omission of a specific NFPA 58 rule or other NFPA pamphlets containing such language from Table 1 of §9.403 of this title (relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional Requirements is inadvertent and shall not be read or understood as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring a license.(c) Container capacity, piping system, and appliance exceptions. The Commission does not adopt language in any NFPA rule, chart, figure, or table pertaining to any LP-gas container having a water capacity of one gallon (4.2 pounds LP-gas capacity) or less, or to any LP-gas piping system or appliance attached or connected to such a container.", "sourceNote": "Source Note: The provisions of this §9.402 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective February 1, 2008, 33 TexReg 122." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209544", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "9", "label": "LP-GAS SAFETY RULES" }, "subchapter": { "number": "E", "label": "ADOPTION BY REFERENCE OF NFPA 58 (LP-GAS CODE)" }, "rule": { "number": "§9.403", "label": "Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91395", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Table 1 of this section lists certain NFPA 58 sections which the Commission does not adopt because the Commission's corresponding rules are more pertinent to LP-gas activities in Texas, or which the Commission adopts with changed language or additional requirements in order to address the Commission's existing rules.Attached Graphic(b) If a section in NFPA 58 refers to another section in NFPA 58 which the Commission has not adopted, or which the Commission has adopted with additional or alternative language, then persons shall comply with the applicable Commission rule.", "sourceNote": "Source Note: The provisions of this §9.403 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91395", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "A", "label": "RULES OF PRACTICE AND PROCEDURE" }, "rule": { "number": "§11.1", "label": "Practice and Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7838", "queryAsDate": "03/11/2026" }, "ruleBody": "Proceedings before the Surface Mining and Reclamation Division of the Railroad Commission of Texas shall comply with Chapter 1 of this title (relating to Practice and Procedure).", "sourceNote": "Source Note: The provisions of this §11.1 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective December 24, 2001, 26 TexReg 10498." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7838", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "B", "label": "SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE--URANIUM MINING" }, "rule": { "number": "§11.12", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "32434", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Party--As defined in the Administrative Procedure and Texas Register Act and used in the commission's general rules of practice and procedure and the Surface Mining and Reclamation Division's special rules of practice and procedure, does not mean \"party to the administrative proceedings\" as defined in the Texas Uranium Surface Mining and Reclamation Act, Texas Natural Resources Code, Chapter 131 et seq.(2) Party to the administrative proceedings--Any person who has participated in a public hearing or filed a valid petition or timely objection pursuant to any provision of this Act.(3) Person affected--Any person who is a resident of a county or any county adjacent or contiguous to the county in which a mining operation is or is proposed to be located, including any person who is doing business or owns lands in the county or adjacent or contiguous county and any local government, and who demonstrates that he has suffered or will suffer actual injury or economic damage.", "sourceNote": "Source Note: The provisions of this §11.12 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "32434", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "B", "label": "SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE--URANIUM MINING" }, "rule": { "number": "§11.21", "label": "Who May Appear" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7839", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person or agency interested in a petition to declare lands unsuitable for surface mining or petition for adoption of rules may appear formally before the commission.(b) In all regularly docketed cases, a person affected in a permit application proceeding and any other person or agency interested in a proceeding to designate lands as unsuitable for surface mining activities, or to have such a designation terminated or petition for adoption of rules, may be permitted to appear in support of or in opposition to all or part of the remedy sought in the particular proceeding by filing notice of intent to participate at least five days in advance of the hearing date, and may present any relevant and proper testimony and evidence bearing upon the issues involved in the particular proceeding.", "sourceNote": "Source Note: The provisions of this §11.21 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7839", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "B", "label": "SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE--URANIUM MINING" }, "rule": { "number": "§11.31", "label": "Public Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "295", "queryAsDate": "03/11/2026" }, "ruleBody": "At the time of submission of an application for a surface mining permit, renewal, or transfer of an existing permit, or for release of all or part of a performance bond or deposit, the applicant shall publish notice of the ownership, location, and boundaries of the permit area sufficient so that the proposed operation or area covered by the bond to be reduced or released is readily locatable by local residents, and the location where the application is available for public inspection, which shall be with the county clerk(s) at the county courthouse(s) of the county(ies) where the surface mining operation(s) subject to the application are located. Such notice shall be placed in the local newspaper of greatest general circulation in the locality of the land affected at least once a week for four consecutive weeks. In addition, the commission shall contact various local governmental bodies, planning agencies, sewage and water treatment authorities, or water companies having jurisdiction over or in the locality in which the proposed surface mining will take place and the owners of record of all surface areas, within 500 feet of any part of the permit area, including any persons residing on the property of the permit area, notifying them of the applicant's intention to surface mine a particularly described tract of land and indicating the applicant's permit number, if any, and where a copy of the proposed mining and reclamation plan may be inspected.", "sourceNote": "Source Note: The provisions of this §11.31 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "295", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "B", "label": "SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE--URANIUM MINING" }, "rule": { "number": "§11.33", "label": "Comments and Objections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29836", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person affected or any federal, state, or local governmental agency or authority shall have the right to file written objections to the application for a surface mining permit or for the renewal, revision, or transfer of such a permit, or for release of all or part of the performance bond on deposit with the commission within 30 days after the last publication of the notice referred to in §11.31 of this title (relating to Public Notice). Such comments shall be made a part of the record and one copy shall be furnished to the operator.", "sourceNote": "Source Note: The provisions of this §11.33 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29836", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "B", "label": "SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE--URANIUM MINING" }, "rule": { "number": "§11.34", "label": "Public Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7836", "queryAsDate": "03/11/2026" }, "ruleBody": "Within 45 days after the last publication of the notice referred to in §11. 31 of this title (relating to Public Notice), the commission shall determine considering any objections which have been filed, if the application is of significance sufficient to warrant a public hearing. Notice of the date, time, nature of the hearing, location of such public hearing, a statement of the legal authority and jurisdiction under which the hearing is to be held, a reference to the particular sections of the statutes and rules involved and a short and plain statement of the matters asserted, shall be published by the commission in the newspaper of greatest general circulation in the locality at least once a week for three consecutive weeks prior to the scheduled hearing date, which date shall be set within 30 days after determination that a public hearing is warranted. The same notice shall also be mailed to the applicant or petitioner, and to all persons who have expressed by written notification to the commission an interest in the pending permit application, revision, renewal, transfer, petition for designation of lands unsuitable for surface mining, or application for release or reduction of a performance bond and to any other person who, in the opinion of the commission, should be notified.", "sourceNote": "Source Note: The provisions of this §11.34 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7836", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "B", "label": "SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE--URANIUM MINING" }, "rule": { "number": "§11.37", "label": "Revised Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7835", "queryAsDate": "03/11/2026" }, "ruleBody": "In case the commission determines that a material error is made in the notice of an application for a permit or notice of a public hearing, or that a material change is made in an application after notice has been issued, the commission shall cause revised notice to be issued. If the material change or error affecting the content of the notice does not come to the attention of the commission in sufficient time to make the correction in each of the newspaper publications, the commission shall reschedule the hearing and/or appropriately readjust the time limitation schedules provided in this section. If the change or error requiring the revised notice is that of an applicant for a permit or an amendment the expense thereof shall be borne by that person; and, if the change or error is made by the agency, the agency will bear the expense.", "sourceNote": "Source Note: The provisions of this §11.37 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7835", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "B", "label": "SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE--URANIUM MINING" }, "rule": { "number": "§11.52", "label": "Decision without Public Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7841", "queryAsDate": "03/11/2026" }, "ruleBody": "If there has been no public hearing held pursuant to §11.34 of this title (relating to Public Hearing), except in the instance of an application to revise a permit, the commission shall notify the applicant and any objectors within 45 days after the last publication of the notice required in §11.31 of this title (relating to Public Notice) whether the application has been approved or disapproved.", "sourceNote": "Source Note: The provisions of this §11.52 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7841", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "B", "label": "SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE--URANIUM MINING" }, "rule": { "number": "§11.53", "label": "Temporary Orders Prior to Notice and Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148908", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may issue temporary orders relating to a surface mining operation without notice and hearing, or with the notice and hearing as the commission considers practical under the circumstances, when necessary to enable action to be taken more expeditiously than is otherwise provided by the Act to effectuate the policy and purposes of the Act.(b) If the commission issues a temporary order under this authority without a hearing, and if the subject matter of the order is such as to require a public hearing under the Act, §131.163, the order shall set a time and place for a public hearing to be held. The hearing shall be held as soon after the temporary order is issued as is practical.(c) At the hearing, the commission shall affirm, modify, or set aside the temporary order. If the nature of the commission's action requires, further proceedings shall be conducted as appropriate under provisions of the Administrative Procedure and Texas Register Act, as amended (Texas Civil Statutes, Article 6252-13a).(d) The requirements of the Act, §131.159 and §131.160, concerning the time for notice, newspaper notice, and method of giving a person notice do not apply to the hearing, but general notice of the hearing shall be given that the commission considers practical under the circumstances.", "sourceNote": "Source Note: The provisions of this §11.53 adopted to be effective October 31, 1980, 5 TexReg 4175." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148908", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.71", "label": "Purpose and Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148909", "queryAsDate": "03/11/2026" }, "ruleBody": "In order to prevent the adverse effects to society and the environment resulting from unregulated surface mining operations; to ensure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances are protected from such unregulated exploration and surface mining operations; to ensure that surface mining operations are not conducted where reclamation as required by the Texas Railroad Commission is not possible; to ensure that exploration and surface mining operations are so conducted as to prevent unreasonable degradation to land and water resources; to ensure that exploration reclamation and reclamation of all surface-mined lands is accomplished as contemporaneously as practicable with the exploration and surface mining operation, recognizing that the extraction of minerals by responsible mining operations is an essential and beneficial economic activity, these sections are promulgated pursuant to the directive and authority of the Texas Uranium Exploration, Surface Mining, and Reclamation Act, Texas Natural Resources Code, Chapter 131, et seq. (the \"Act\"), and any amendment to it.", "sourceNote": "Source Note: The provisions of this §11.71 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148909", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.72", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148910", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No person shall conduct any uranium exploration activity or surface mining operation without having first obtained a uranium exploration permit or surface mining permit issued by the commission pursuant to this subchapter and the Act.(b) The provisions of this chapter shall not apply to:(1) surface mining operations conducted on public lands regulated by the General Land Office of Texas; provided that such affected lands are reclaimed in a manner consistent with the provisions of this chapter; and(2) any land where the overburden has been removed and a mineral has been produced prior to June 21, 1975.", "sourceNote": "Source Note: The provisions of this §11.72 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1890, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148910", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.73", "label": "Uranium Exploration Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148911", "queryAsDate": "03/11/2026" }, "ruleBody": "Forms required to be filed at the Commission for conducting uranium exploration shall be those prescribed by the Commission as listed in Table 1 of this section. All Commission forms listed in Table 1 for uranium exploration and required to be filed at the Commission shall be kept by the Commission secretary and posted on the Commission's web site. Notice of any new or amended forms shall be issued by the Commission. The Commission may at its discretion accept an earlier version of a prescribed form, provided that it contains all required information. Attached Graphic", "sourceNote": "Source Note: The provisions of this §11.73 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148911", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.74", "label": "Information Subject to Public Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148912", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All information filed by an applicant or permittee is considered essential for public review unless the provisions of subsection (b) of this section apply.(b) An applicant or permittee may identify as confidential specific information concerning mineral deposits, test borings, core samples, geophysical logs, trade secrets, or privileged commercial or financial information relating to the competitive rights of the applicant for or permittee of any exploration permit or surface mining permit. At the time the information is filed, the applicant or permittee shall identify all specific information claimed to be confidential and shall set forth all facts and arguments in support of this claim. Information claimed to be confidential shall be submitted separately from the rest of the application in a clearly marked sealed envelope.(1) The director shall review the specific information identified as confidential by the applicant or permittee and, within 10 business days from the date of filing, the director shall make a written determination as to whether the specific information is essential for public review. The director's determination is subject to appeal to the Commission within 10 business days of issuing such determination. If the director determines that the specific information is essential for public review, the director shall set forth all facts and reasoning in support of that determination. Ten business days following the issuance of that determination, the director shall place the specific information in the public file, unless the applicant or permittee appeals the director's determination to the Commission.(2) A member, employee, or agent of the Commission shall not disclose specific information that has been determined in paragraph (1) of this subsection to be confidential and not essential for public review.", "sourceNote": "Source Note: The provisions of this §11.74 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148912", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.81", "label": "Statutory Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148913", "queryAsDate": "03/11/2026" }, "ruleBody": "As used in this subchapter, the following words defined in the Act, §131.004, shall have the definitions therein set forth and as they may be hereafter severally amended. For convenience in reference, such definitions are as follows.(1) Affected land or land affected--(A) The area from which any materials are to be or have been displaced in a surface mining operation.(B) The area on which any materials so displaced are to be or have been deposited.(C) The haul roads and impoundment basins within the surface mining area.(D) Other land whose natural state has been or will be disturbed as a result of the surface mining operations.(2) Approximate original contour--That surface configuration achieved by backfilling and grading of the surface-mined area so that it resembles the surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles, and depressions eliminated, although the new contour may subsequently be at a moderately lower or higher elevation than existed prior to the surface mining operation.(3) Commission--The Railroad Commission of Texas.(4) Exploration activity--The disturbance of the surface or subsurface for the purpose of or related to determining the location, quantity, or quality of a mineral deposit.(5) Minerals--Uranium and uranium ore.(6) Operator--The individual or entity, including any public or governmental agency, that is to engage or that is engaged in a surface mining operation, including any individual or entity whose permit has expired or been suspended or revoked.(7) Overburden--All materials displaced in a mining operation which are not, or will not be, removed from the affected area.(8) Party to the administrative proceedings--Any person who has participated in a public hearing or filed a valid petition or timely objection pursuant to any provision of the Act; a party to the administrative proceedings may or may not be a party as defined in the APA.(9) Permit area--All the area designated as such in the permit application and shall include all land affected by the surface mining operations during the term of the permit and may include any contiguous area that the operator proposes to surface mine after that time.(10) Person--An individual, partnership, society, joint-stock company, firm, company, corporation, business organization, governmental agency, or any organization or association of citizens.(11) Reclamation--The process of restoring an area affected by a surface mining operation to its original or other substantially beneficial condition, considering past and possible future uses of the area and the surrounding topography.(12) Surface mining--The mining of minerals by removing the overburden lying above the natural deposit of minerals and mining directly from the natural deposits that are exposed and those aspects of underground mining having significant effects on the surface; provided, this definition shall not be construed to include in situ mining activities associated with the removal of uranium or uranium ore.(13) Surface mining operation--Those activities conducted at or near the mining site and concomitant with the surface mining, including extraction, storage, processing, and shipping of minerals, and reclamation of the land affected.(14) Surface mining permit--The written certification by the commission that the named operator may conduct the surface mining operations described in the certification during the term of the surface mining permit and in the manner established in the certification. A surface mining permit does not include:(A) a discharge permit issued by the Commission pursuant to the Act; or(B) an exploration permit issued by the Commission pursuant to this subchapter (relating to Substantive Rules-Uranium Exploration and Surface Mining).(15) Topsoil--The unconsolidated mineral matter naturally present on the surface of the earth which has been subjected to and influenced by genetic and environmental factors of parent material, climate, macroorganisms and microorganisms, and topography, all acting over a period of time, and which is necessary for the growth and regeneration of vegetation on the surface of the earth.(16) Toxic material--Any substance present in sufficient concentration or amount to cause injury or illness to plant, animal, or human life.", "sourceNote": "Source Note: The provisions of this §11.81 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective March 29, 1982, 7 TexReg 1106; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148913", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.82", "label": "Regulatory Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27389", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Access roads--All roads located within the permit area and under the control of the operator of the surface mining operation.(2) Act--The Texas Uranium Exploration, Surface Mining, and Reclamation Act, Texas Natural Resources Code, Chapter 131, et seq.(3) Administrative Procedure Act; APA--Texas Government Code, Chapter 2001.(4) Applicant--A person who is applying for a new permit or an amendment to or a renewal or transfer of a current permit.(5) Contiguous area--Includes all areas touching upon the boundaries of the land affected by the surface mining operation which the operator proposes to surface mine notwithstanding areas separated by terrain features such as streams, roads, gas lines, and power transmission lines.(6) Director--The director of the Surface Mining and Reclamation Division or the director's delegate.(7) Division--The Surface Mining and Reclamation Division of the Commission or its director or employees.(8) Drilling completion--The time at which total drilling depth has been reached and the exploration borehole has been logged.(9) Examiner--The person appointed by the Commission to conduct hearings.(10) Exploration borehole--An uncased hole created with a drill, auger, or other boring tool for exploring strata in search of uranium deposits.(11) Exploration reclamation--The process of restoring an area affected by activities conducted under a uranium exploration permit to its original or other substantially beneficial condition.(12) Highwall--The vertical or nearly vertical wall of exposed strata adjacent to the site of a mineral deposit which results from surface mining excavation.(13) Permit--A surface mining permit, as defined in this section, or a uranium exploration permit, as defined in this section.(14) Rules--The regulations promulgated by the commission pursuant to the authority of the Texas Uranium Exploration, Surface Mining, and Reclamation Act.(15) Terracing--Grading where the steepest contour of the highwall shall not be at a greater angle from the horizontal than that set by the commission in approving a specific reclamation plan calling for terracing with the table portion of the restored area flat and a flat terrace without depressions to hold water and with adequate provision for drainage, unless otherwise approved by the commission.(16) Uranium exploration permit--The written certification by the Commission that the named entity may conduct the uranium exploration activities described in the certification during the term of the permit and in the manner and subject to the conditions established in the certification. A uranium exploration permit does not include:(A) a uranium surface mining permit issued by the Commission pursuant to this chapter; or(B) a permit issued by the Texas Commission on Environmental Quality pursuant to Texas Water Code, §27.011 and §27.0513.(17) Usable quality water--Groundwater that is used or can be used for a beneficial purpose including, but not limited to, domestic, livestock, or irrigation uses.(18) Well--Any excavation that is drilled, cored, bored, washed, fractured, driven, dug, jetted, or otherwise constructed for the intended use of locating, monitoring, dewatering, depressurizing, observing, diverting, or acquiring groundwater, or for conducting pumping or aquifer tests.(19) Well completion--Activities undertaken as a part of well installation to render the well usable for its intended purpose. Well completion includes, at a minimum, the installation of casing; sealing the well annulus to the ground surface; and capping the well.", "sourceNote": "Source Note: The provisions of this §11.82 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27389", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.91", "label": "Term" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148914", "queryAsDate": "03/11/2026" }, "ruleBody": "Surface mining permits for uranium shall be for a term not to exceed 10 years.", "sourceNote": "Source Note: The provisions of this §11.91 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148914", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.92", "label": "Surface Mining Permit Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148915", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit application may cover one or more surface mining operations which may or may not be contiguous. The application for noncontiguous operations may contain a consolidated reclamation plan covering each of the separate operations unless the nature of the operations varies to such an extent to require the delineation of distinctly separate reclamation plans. Three copies of the permit application shall be submitted to the commission.", "sourceNote": "Source Note: The provisions of this §11.92 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.93", "label": "Elements of Surface Mining Permit Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148916", "queryAsDate": "03/11/2026" }, "ruleBody": "The permit application for surface uranium mining shall consist of the following elements.(1) An initial application fee of $400 shall be submitted in the form of cash or check and if check, it should be made payable to the Railroad Commission of Texas.(2) If the applicant wishes, he may submit an estimate made by a qualified independent person of the cost of reclamation of the lands covered by the permit application and this estimate shall be used in determining the amount of bond required of the applicant. Registration as a professional engineer shall be prima facie evidence of qualification for making such estimate.(3) The applicant shall include within 15 days following the last day of publication of notice of the application for a permit, an affidavit of publication in compliance with the requirements of §11.31 of this title (relating to Public Notice). Notice: The applicant is solely responsible for providing legally adequate notification of the application for a permit as provided in these sections.(4) The applicant shall include a plan to reclaim all land disturbed by the surface mining operation pursuant to the requirements of §§11.151-11.154 of this title (relating to Surface Mining Reclamation Plan; Surface Mining Reclamation Standards; Alternative Methods; and Amendments).(5) All other information required in the permit application form provided by the commission.", "sourceNote": "Source Note: The provisions of this §11.93 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148916", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.94", "label": "Surface Mining Permit Application Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148917", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After approval but prior to issuance of the surface mining permit, the applicant shall pay $10 per acre of the permit area, in addition to the initial $400 application fee. This fee may be paid in annual installments apportioned over the term of the permit on the basis of the acreage to be disturbed during 12-month periods.(b) When notifying applicant of approval of a permit application as provided in §11.51 of this title (relating to Decision after Public Hearing) and §11.52 of this title (relating to Decision without Public Hearing), the commission shall inform the applicant of the amount of approved application fee and the bond required for each surface mining operation covered by the permit.", "sourceNote": "Source Note: The provisions of this §11.94 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148917", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.95", "label": "Surface Mining Bonding, Insurance, and Payment of Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148918", "queryAsDate": "03/11/2026" }, "ruleBody": "After receipt of notification of approval as provided in §11.94 of this title (relating to Surface Mining Permit Application Approval), applicant shall submit to the commission within 180 days following notification of approval:(1) a certificate of insurance on a form provided by the commission and executed by an insurance company authorized to conduct business in the State of Texas covering all surface mining operations authorized by said permit showing protection of the following types in the amounts indicated:(A) bodily injury, $500,000 per person, $1.5 million per accident;(B) property damage, $1 million per accident; which includes but is not limited to damage resulting from the use of explosives;(2) cash or check, made payable to the Railroad Commission of Texas, in the amount set forth in the notice of approval to cover the approved application fee or the first annual installment thereon; and(3) unless the commission accepts the bond of the operator itself, as provided in §§11.201-11.206 of this title (relating to Amount of Bond; Personal Bond; Duration of Liability; Form of Bond or Collateral; Changes in Coverage; and Release or Reduction of Bonds), a performance bond (or other substitute collateral) covering the surface mining operation or the first increment thereof, on a form to be provided by the commission (payable to the Railroad Commission of Texas) and conditioned on full and faithful performance of all requirements of the Act and the permit for which the application was filed; provided, however, that if the bond (or other substitute collateral) is provided in increments, it shall cover that area of land within the permit area on which the first increment of surface mining and reclamation operations will be conducted. The applicant shall give the commission 30 days notice before undertaking each additional increment of surface mining operations and shall include with such notice an appropriate performance bond for such increment.", "sourceNote": "Source Note: The provisions of this §11.95 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148918", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.96", "label": "Surface Mining Permit Issuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148919", "queryAsDate": "03/11/2026" }, "ruleBody": "The applicant shall have the right to proceed with activities covered by the application immediately upon submitting the certificates, bond (or other substitute collateral), approved application fee required in §11.95 of this title (relating to Surface Mining Bonding, Insurance, and Payment of Fees), and the commission has issued a written permit for such activities. The commission will issue a written permit within 30 days after the certificates, bonds (or other substitute collateral), and approved application fee required in §11.95 of this title have been received by the commission.", "sourceNote": "Source Note: The provisions of this §11.96 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148919", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.97", "label": "Surface Mining Permit Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148920", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any valid surface mining permit issued pursuant to these rules shall carry with it the right of successive renewal on expiration with respect to areas within the boundaries of the existing permit. The holder of such permit may apply for renewal not later than 90 days prior to the expiration of the permit and such renewal shall be issued on the written finding by the commission that:(1) the terms and conditions of the existing permit are being satisfactorily met;(2) the performance bond or other substitute collateral required under the terms of these rules continue in full force and effect and unimpaired for the requested renewal;(3) the operator has provided any additional or revised information required by the commission; and(4) notice under §11.31 of this title (relating to Public Notice) has been provided with respect to the application for renewal.(b) If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards, including application fees, applicable to new applications under these rules.(c) Any surface mining permit renewal shall be for a term not to exceed the period of the original permit established by these rules.(d) In the event a renewal application which satisfies the requirements of this section has not been acted upon by the commission on the date of expiration of the prior permit, the operator may continue the surface mining operations pursuant to the conditions of the prior permit until such time as the commission acts upon the renewal application.", "sourceNote": "Source Note: The provisions of this §11.97 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148920", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.98", "label": "Surface Mining Permit Transfer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148921", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to these rules shall be made without the written approval of the commission. Any person desiring to succeed to the interests of a permittee hereunder must file an application on a form prescribed by the commission setting out the following information.(1) Information relating to ownership and other mining activities of the applicant.(2) Proof that the public liability insurance requirement of §11.95(1) of this title (relating to Surface Mining Bonding, Insurance, and Payment of Fees) will be fulfilled.(3) Proof that the performance bond or other substitute collateral required in §11.95(3) of this title will be furnished.(4) The statement of the applicant that the applicant will faithfully carry out all of the requirements of the reclamation plan approved in the permit.(5) An affidavit of publication of notice from the newspaper of the greatest general circulation in the locality of the land affected.(b) The application for transfer shall be approved, subsequent to notice and opportunity for public hearing, if any is required under §§11.91-11.100 of this title (relating to Term; Surface Mining Permit Application; Elements of Surface Mining Permit Application; Surface Mining Permit Application Approval; Surface Mining Bonding, Insurance, and Payment of Fees; Surface Mining Permit Issuance; Surface Mining Permit Renewal; Surface Mining Permit Transfer; Surface Mining Permit Approval; and Surface Mining Permit Denial), on the written finding by the commission that the following requirements have been met.(1) The terms and conditions of the existing permit are being satisfactorily met.(2) The performance bond or substitute collateral required under the terms of these sections will continue in full force and effect.(3) The transferee has provided any additional or revised information required by the commission.(4) Notice under §11.31 of this title (relating to Public Notice) has been provided with respect to the application for transfer.(c) The application for transfer shall be denied if the transferee has had any permit issued hereunder revoked, or any bond posted to comply with the rules forfeited, and if the conditions causing the bond to be forfeited have not been corrected to the satisfaction of the commission.", "sourceNote": "Source Note: The provisions of this §11.98 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148921", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.99", "label": "Surface Mining Permit Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148922", "queryAsDate": "03/11/2026" }, "ruleBody": "The surface mining permit shall be granted if it is established that the application complies with the requirements of this chapter and all applicable federal and state laws. The commission may approve a surface mining permit conditioned upon the approval of all other state permits or licenses that may be required.", "sourceNote": "Source Note: The provisions of this §11.99 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148922", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.100", "label": "Surface Mining Permit Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7853", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission shall deny a uranium surface mining permit if:(1) The commission finds that the reclamation as required by these sections cannot be accomplished by means of the proposed reclamation plan.(2) Any part of the proposed operation lies within an area designated as unsuitable for surface mining as designated by §§11.161-11.167 of this title (relating to Designation of Lands Unsuitable for Surface Mining); provided, however, the application may be amended to exclude such designated areas.(3) The commission is advised by the Texas Commission on Environmental Quality that the proposed mining operation will cause pollution of any water of the state, or that the proposed mining operation will cause pollution of the ambient air of the state, in violation of the laws of this state.(4) The applicant has had any other permit issued under the Act revoked, or any bond posted to comply with these sections forfeited, and the conditions causing the permit to be revoked or the bond to be forfeited have not been corrected to the satisfaction of the commission.(5) The commission determines that the proposed operation will endanger the health and safety of the public.(6) The commission determines that the proposed operation will adversely affect any public highway or road. A surface mining operation will be presumed not to adversely affect a public highway or road if the governmental authority responsible for the location and/or maintenance of the highway or road has no objection to the surface mining operation.(7) The operator is unable to produce the bonds or otherwise meet the requirements of §§11.201-11.206 of this title (relating to Performance Bonds).", "sourceNote": "Source Note: The provisions of this §11.100 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7853", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.111", "label": "Basis of Revocation and Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7850", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit does not become a vested right in the holder. Following an inspection, the permit may be revoked or suspended by the commission for good cause, in accordance with the provisions of §11.113 of this title (relating to Revocation or Suspension without Consent), for one or more of the following grounds.(1) Any condition or practices exist, or that permittee is in violation of any requirement of the rules or the Act or any permit condition required by the Act, which condition, practice, or violation also creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant imminent harm to land, air, or water resources.(2) Any permittee is in violation of any requirement of its permit, the rules, or the Act, although such violation does not create an imminent danger to the health or safety of the public, or cause or can be reasonably expected to cause significant imminent harm to land, air, or water resources.(3) A pattern of violations of any requirements of the rules, Act, or any permit conditions required by the Act exists or has existed, and if the commission also finds that such violations are caused by the unwarranted failure of the permittee to comply with any requirements of the Act or any permit conditions, or that such violations are willfully caused by the permittee.", "sourceNote": "Source Note: The provisions of this §11.111 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7850", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.112", "label": "Termination or Suspension with Consent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148923", "queryAsDate": "03/11/2026" }, "ruleBody": "If the holder of a permit no longer desires to operate the surface mining operation or is agreeable to a suspension of his authority to do so for a specified period of time, he should file a written waiver or consent to the suspension of his authority in the central office of the commission; if he so requests, the central office of the commission will prepare and send him a written waiver or consent to execute. The commission shall then enter an order terminating the permit or suspending the authority to operate the surface mining operation for a specified period. A copy of the order shall be sent by mail to the holder of the permit.", "sourceNote": "Source Note: The provisions of this §11.112 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148923", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.113", "label": "Revocation or Suspension without Consent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148924", "queryAsDate": "03/11/2026" }, "ruleBody": "Whenever on the basis of any inspection, the commission or its authorized agent or representative determines or has reason to believe that any of the elements contained in §11.111 of this title (relating to Basis of Revocation and Suspension), the commission shall:(1) when the elements of §11.111(1) of this title exist, immediately order a cessation of surface mining operations on the portion relevant to the condition, practice, or violation. The cessation order shall fix a time and place for a hearing to be held before the commission which shall be as soon after the order is issued as is practicable but in no event later than 10 days. Such general notice of the hearing shall be given as in the judgment of the commission is practicable under the circumstances. No more than 24 hours after commencement of such hearing, and without adjournment of the hearing, the commission shall affirm, modify, or set aside the order;(2) when the elements of §11.111(2) of this title exist, issue a notice to the permittee or his agent fixing a reasonable time but not more than 30 days for the abatement of the violation. If on expiration of the period of time as originally fixed or subsequently extended, for good cause shown, and on the written finding of the commission, the commission finds that the violation has not been abated, and after a hearing, if one is requested in writing by the operator within 15 days following the time period required to abate the violation, it may order a cessation of surface mining operations on the portion relevant to the violation. The cessation order shall remain in effect until the commission determines that the violation has been abated or until modified, vacated, or terminated by the commission pursuant to the following paragraph (3) of this section;(3) when the elements of §11.111(3) of this title exist, issue an order to the permittee to show cause as to why the permit should not be suspended or revoked. The order shall fix a time and place for a hearing to be held in accordance with the notice requirements of §§11.91-11.100 of this title (relating to Term; Surface Mining Permit Application; Elements of Surface Mining Permit Application; Surface Mining Permit Application Approval; Surface Mining Bonding, Insurance, and Payment of Fees; Surface Mining Permit Issuance; Surface Mining Permit Renewal; Surface Mining Permit Transfer; Surface Mining Permit Approval; and Surface Mining Permit Denial). On the permittee's failure to show cause as to why the permit should not be suspended or revoked, the commission shall suspend or revoke the permit.", "sourceNote": "Source Note: The provisions of this §11.113 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148924", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.114", "label": "Revision on Motion or with Consent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "298", "queryAsDate": "03/11/2026" }, "ruleBody": "On the initiative of a holder of a permit or upon request of the commission the permit holder may file an application to revise the permit.(1) A document shall be prepared setting forth the revisions desired. The holder of a permit shall use the form of an application for a permit and indicate thereon the changes requested. The manner of preparation of the application for a revision of a permit and the information submitted shall conform to the requirements of §11.92 of this title (relating to Surface Mining Permit Application) and §11.93 of this title (relating to Elements of Surface Mining Permit Application).(2) Within five days after receiving the application for revision, the commission shall determine whether or not the application for revision proposes a substantial change in the intended use of the land or significant alteration in the reclamation plan.(3) Any application for revision of a permit which proposes a substantial change in the intended future use of the land or significant alteration in the reclamation plan shall comply with the notice and hearing requirements set out in §§11.31-11.37 of this title (relating to Notice and Hearing) and shall be approved or disapproved by the commission within 60 days of the date the commission determines whether or not the application is of significance sufficient to warrant a public hearing.(4) Any extensions to the area covered by a permit, other than incidental boundary revisions, shall be made by application for another permit.(5) Determinations by the commission of a revision of a permit shall be made in conformity with §11.51 of this title (relating to Decision after Public Hearing) and §11.52 of this title (relating to Decision without Public Hearing) and the procedure established for notification of disapproval of an application for a revision and method of appeal of the decision provided for in §11.52 of this title.", "sourceNote": "Source Note: The provisions of this §11.114 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "298", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.115", "label": "Corrections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148931", "queryAsDate": "03/11/2026" }, "ruleBody": "In any of the following situations, the commission may make a correction to a permit or order by reissuing the permit or order without the necessity of observing the formal revision procedure described in §11.114 of this title (relating to Revision on Motion or with Consent):(1) to correct a clerical or typographical error;(2) to describe more accurately the location of the authorized surface mining operation;(3) to describe more accurately the nature, type, and method of the surface mining operation;(4) to describe more accurately any provision in a permit or order, but without changing the substance of any such provision;", "sourceNote": "Source Note: The provisions of this §11.115 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148931", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.131", "label": "Uranium Exploration Permit: General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148932", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not conduct any uranium exploration activity unless the person holds an exploration permit issued by the division.(b) An exploration permit alone does not constitute a right to conduct uranium exploration activity. Inclusion of land within a permit boundary does not constitute authority to conduct uranium exploration activity. Permit boundaries may overlap.(c) An exploration permit constitutes authority from the Commission to conduct uranium exploration activities in those areas covered by the permit for which the permittee has the right of entry for such activities.(d) An exploration permit governs all disturbance of the surface and subsurface associated with determining the location, quantity, or quality of uranium deposits.(e) A uranium exploration permit shall contain provisions to govern:(1) locating, drilling, plugging, and abandoning exploration boreholes;(2) casing exploration boreholes for use in the exploration process;(3) using cased exploration wells for rig supply purposes; and(4) plugging and abandoning cased exploration wells.(f) Except as provided in §11.140 of this title (relating to Commission and Groundwater Conservation District Jurisdiction), a cased exploration well subject to an exploration permit is exempt from regulation by another agency, government entity, or political subdivision if the well is used for exploration or rig supply purposes.(g) A uranium exploration permit shall be valid for a period of 12 months from the date of issuance and may be renewed pursuant to §11.134 of this title (relating to Uranium Exploration Permit Renewal).(h) Upon completion of all exploration activity, each permittee shall renew its uranium exploration permit for an additional permit term or terms until the permittee:(1) properly plugs all exploration boreholes and cased exploration wells and files with the division a plugging affidavit as required by §11.139 of this title (relating to Uranium Exploration Drill Site Plugging and Reporting Requirements); and(2) with respect to all cased exploration wells that are not plugged, either:(A) registers all such wells with the Texas Commission on Environmental Quality; or(B) includes all such wells in an area permit issued by the Texas Commission on Environmental Quality under Texas Water Code, Chapter 27.", "sourceNote": "Source Note: The provisions of this §11.131 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148932", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.132", "label": "Application to Conduct Uranium Exploration Activity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148933", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each applicant shall apply for a uranium exploration permit by filing with the division a completed Form SMRD-3U (Application to Conduct Uranium Exploration Activities by Drilling) and paying the Commission the applicable fee or fees as required by §11.136 of this title (relating to Uranium Exploration Permit Fees).(b) The application shall contain the following information necessary for the division to provide notice pursuant to §11.137 of this title (relating to Commission Notice of Uranium Exploration Permit Application, Issuance, and Denial):(1) the name, mailing and street addresses, and telephone number of the applicant;(2) the name, mailing and street addresses, and telephone number of the applicant's authorized representative that will be responsible for conducting the exploration activity;(3) the name of each county in which the exploration activity is proposed, along with the contact information by name, address, and telephone number, for each of the following:(A) each groundwater conservation district within the area in which the exploration activity will occur;(B) the mayor and health authority of each municipality within 10 miles in all directions of the boundary of the area in which the exploration activity will occur;(C) the county judge and health authority of each county in which the exploration activity will occur; and(D) each member of the Texas legislature who represents the area in which the exploration activity will occur;(4) the names and addresses of all landowners of record of the surface of the exploration permit area, indexed to the land tracts identified on the map required in paragraph (6) of this subsection;(5) the names and addresses of all mineral estate owners for which the applicant has obtained the right of entry to conduct exploration activities, indexed to the land tracts identified on the map required in paragraph (6) of this subsection;(6) a USGS topographic map or maps (scale 1:24,000), in both paper and digital formats, showing the proposed exploration area, with the following information shown:(A) the exploration area boundary and acreage stated to the nearest acre;(B) the boundary of each land tract within the exploration permit area, with the tracts that the applicant has obtained the right to enter to conduct exploration activities identified; and(C) the location of all private or public water wells that can be identified in the public record that are:(i) within the proposed permit boundary; and(ii) outside of but within 150 feet of the proposed permit boundary; and(7) the following information:(A) a description of the geology and hydrogeology for the proposed permit area that includes cross-sections and maps;(B) an explanation of the exploration drilling method, including the depth of subsurface penetration and the estimated size of the surface disturbance;(C) a description of the physical method for marking each borehole location for inspection;(D) a description of the proposed plugging and well construction methods, which shall conform to the requirements of §11.138 of this title (relating to Uranium Exploration Drill Site Operating and Reclamation Requirements);(E) a description of the proposed methods for disposing of cuttings produced by the drilling activity and preventing surface runoff from entering mud pits; and(F) a description of the proposed procedures for leveling any disturbance caused by the drilling activity to conform to the requirements of §11.138 of this title.(c) The application shall be signed by the authorized representative identified in subsection (b)(2) of this section, dated, and certified, attesting to the veracity of the statements and representations in the application.", "sourceNote": "Source Note: The provisions of this §11.132 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148933", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.133", "label": "Uranium Exploration Permit Revision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148934", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permittee may revise a uranium exploration permit by filing with the division a completed Form SMRD-3U (Application to Conduct Uranium Exploration Activities by Drilling) no later than 30 days prior to the proposed revision implementation date and paying the Commission the fee required by §11.136 of this title (relating to Uranium Exploration Permit Fees).(b) The uranium exploration permit revision application shall be signed by an authorized representative, dated, and certified, and shall contain all applicable information required by §11.132 of this title (relating to Application to Conduct Uranium Exploration Activity).(c) The permittee shall describe in the revision application any changes proposed to the exploration activity or reclamation.(d) A uranium exploration permit revision shall not have the effect of extending the initial uranium exploration permit beyond its original one-year term.", "sourceNote": "Source Note: The provisions of this §11.133 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148934", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.134", "label": "Uranium Exploration Permit Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148935", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permittee shall apply for a permit renewal by filing with the division a completed Form SMRD-3U (Application to Conduct Uranium Exploration Activities by Drilling) at least 30 days prior to the expiration of the permit term and paying the Commission the applicable fee or fees as required by §11.136 of this title (relating to Uranium Exploration Permit Fees). In the renewal application, the permittee shall describe all revisions that are proposed for the exploration activity or reclamation. The director shall issue the renewal permit based on the written findings by the director that:(1) the permittee is meeting the terms and conditions of the existing permit; and(2) the permittee has provided any additional or revised information required by the director.(b) A permittee shall file an application for renewal of its uranium exploration permit if the permittee has not met the requirements of §11.131(h) of this title (relating to Uranium Exploration Permit: General Provisions).", "sourceNote": "Source Note: The provisions of this §11.134 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148935", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.135", "label": "Uranium Exploration Permit Transfer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150453", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permittee may request the transfer of its uranium exploration permit by filing with the division a completed Form SMRD-5U (Application to Transfer a Uranium Exploration Permit) and paying the Commission the applicable fee or fees as required by §11.136 of this title (relating to Uranium Exploration Permit Fees). The current permittee shall identify the prospective permittee in accordance with §11.132 of this title (relating to Application to Conduct Uranium Exploration Activity).(b) The current permittee shall include with the permit transfer application a plugging report that meets the requirements of §11.139 of this title (relating to Uranium Exploration Drill Site Plugging and Reporting Requirements) demonstrating that the permittee has completed all plugging and reclamation requirements. Any changes proposed to the permit other than the transfer of the permit to a new permittee shall be made by application for a new permit pursuant to §11.132 of this title.", "sourceNote": "Source Note: The provisions of this §11.135 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150453", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.136", "label": "Uranium Exploration Permit Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148936", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial uranium exploration permit fee. Each applicant for a uranium exploration permit shall pay to the Commission a uranium exploration permit fee consisting of:(1) a permit-application filing fee of $5,500, to be submitted with the application; and(2) an amount equal to $45 for each exploration borehole drilled during each month of the approved 12-month permit term, non-refundable, and payable as described in subsection (e) of this section.(b) Uranium exploration permit revision fee. Each applicant for a uranium exploration permit revision shall pay to the Commission a non-refundable permit amendment fee of $500.(c) Uranium exploration permit renewal fee. Each applicant for renewal of a uranium exploration permit shall pay to the Commission a fee consisting of:(1) a permit-application filing fee of $5,500, to be submitted with the renewal application; and(2) an amount equal to $45 for each exploration borehole drilled during each remaining month of the approved 12-month permit term, non-refundable, and payable as described in subsection (e) of this section.(d) Uranium exploration permit transfer fee. Each applicant for the transfer of a uranium exploration permit pursuant to §11.135 of this title (relating to Uranium Exploration Permit Transfer) shall pay to the Commission a non-refundable permit transfer application fee of $500.(e) Schedule. Payment of the per-hole exploration borehole fee required in subsection (a) of this section shall be submitted to the Commission with the monthly borehole plugging reports (Form SMRD-39U, Borehole Plugging Report, and Form SMRD-38U, Cased Exploration Well Completion Report) filed pursuant to §11.139 of this title (relating to Uranium Exploration Drill Site Plugging and Reporting Requirements).(f) Refunds. If a new or renewal application for uranium exploration is not approved, the Commission will refund $4,500 of the permit-application filing fee, without interest, to the applicant.", "sourceNote": "Source Note: The provisions of this §11.136 adopted to be effective February 2, 2011, 36 TexReg 411." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148936", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.137", "label": "Commission Notice of Uranium Exploration Permit Application, Issuance, and Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148930", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The division shall provide concurrent written notice to the entities listed in subsection (b) of this section of:(1) the division's receipt of an initial application for an exploration permit and the director's issuance or denial of an exploration permit;(2) the division's receipt of an application for a permit revision that adds acreage to or removes acreage from the permit area or makes a material change in the permit boundaries and the director's issuance or denial of a permit revision;(3) the division's receipt of an application for an exploration permit renewal and the director's issuance or denial of an exploration permit renewal; and(4) the division's receipt of an application for an exploration permit transfer and the director's issuance or denial of an exploration permit transfer.(b) The division shall give the notice required by subsection (a) of this section to the following:(1) each groundwater conservation district within the area in which the exploration activity will occur or is occurring;(2) the mayor and health authority of each municipality within 10 miles of the boundary of the area in which the exploration activity will occur or is occurring;(3) the county judge and health authority of each county in which the exploration activity will occur or is occurring; and(4) each member of the Texas Legislature who represents the area in which the exploration activity will occur or is occurring.(c) In the written notice of receipt of an initial application for an exploration permit, the division shall include:(1) the name, address, and telephone number of the applicant;(2) the name, address, and telephone number of the applicant's authorized representative that will be responsible for conducting the exploration activity; and(3) information describing or showing the exploration area boundary covered by the application for an exploration permit.(d) In the written notice of the issuance or denial of an exploration permit, permit revision (if required to be provided by subsection (a) of this section), permit renewal, or permit transfer, the division shall include information on where a copy of the approval or denial document may be obtained.", "sourceNote": "Source Note: The provisions of this §11.137 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148930", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.138", "label": "Uranium Exploration Drill Site Operating and Reclamation Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148937", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No permittee may drill an exploration borehole within 150 horizontal feet of an existing water well without the written consent of the well owner.(b) Each permittee shall:(1) segregate topsoil from subsoil and salvage it while digging a mud pit;(2) protect livestock from open mud pits; and(3) prevent surface-water runoff from entering open mud pits.(c) Each permittee shall ensure that reclamation of the drill site occurs as contemporaneously as practicable with the drilling activity. When drilling activities are complete, the permittee shall:(1) allow the mud pit to dry and then backfill with native subsoil followed by topsoil, to the extent that topsoil was originally present;(2) properly dispose of trash and other debris brought to or generated at the drill site by the permittee; and(3) return the disturbed area to approximate original contour and appropriately revegetate.(d) Each permittee shall notify the division prior to any of the following to allow scheduling of inspections:(1) when drilling operations will initially commence or recommence;(2) when drilling will cease for greater than 30 days; and(3) when cessation of drilling and plugging will be completed for the permit term.", "sourceNote": "Source Note: The provisions of this §11.138 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148937", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.139", "label": "Uranium Exploration Drill Site Plugging and Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each permittee shall plug each exploration borehole within three business days of drilling completion unless otherwise approved in the permit. The permittee shall maintain records of borehole logging, cementing dates, and rig logs and make them available for inspection by the division.(b) Each permittee shall plug each exploration borehole in accordance with the following requirements.(1) Each borehole shall be plugged with Type-I neat cement from total depth to three feet below ground surface unless the director approves an alternative plugging method that meets the requirements of subsection (d) of this section.(2) Downhole plugs shall be emplaced using tremie tubing or drill string pipe. The remainder of the hole between the top of the plug and the ground surface shall be filled with non-toxic drill cuttings or soil.(3) To ensure that the proper plug depth is achieved, each borehole shall be checked for settling within two business days after initial plugging. If the depth to the top of the plug is not at the required distance from the surface, additional cement or alternative plugging material, if approved, shall be added to bring the plug to the required depth.(c) Each permittee shall physically mark each plugged borehole using the specific borehole marking method described in the approved permit, and shall ensure the markings remain in place until the borehole is inspected by the division. A permittee may use a section of poly rope, a piece of polyvinyl chloride (PVC) pipe, or a similar device to mark the location of the borehole.(d) A permittee may request in writing to use an alternative plugging method or materials and shall demonstrate that the alternative methods or materials will provide at least the same level of groundwater protection as Type-I neat cement to protect and prevent communication with all formations bearing fresh water and usable quality water.(e) No later than the last day of each month, each permittee shall file a completed Form SMRD-39U (Borehole Plugging Report) with the division showing the plugging information for each borehole plugged the previous month.(f) Within 48 hours of drilling completion, each permittee shall install and cement casing for each exploration borehole that is to be used as a cased exploration well. Cased exploration wells shall be completed in accordance with the standards set forth in the regulations of the Texas Department of Licensing and Regulation at 16 TAC §76.1000 (relating to Technical Requirements--Locations and Standards of Completion for Wells).(g) No later than the last day of each month, each permittee shall file with the division a completed Form SMRD-38U (Cased Exploration Well Completion Report) showing the completion information for each exploration well cased the previous month.(h) Each permittee shall plug boreholes or install casing in boreholes during the permit term.", "sourceNote": "Source Note: The provisions of this §11.139 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148938", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.140", "label": "Commission and Groundwater Conservation District Jurisdiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148939", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission has jurisdiction over uranium exploration boreholes and cased exploration wells completed under an exploration permit until:(1) exploration boreholes and cased exploration wells are properly plugged in accordance with §11.138 of this title (relating to Uranium Exploration Drill Site Operating and Reclamation Requirements); or(2) cased exploration wells are either:(A) registered with the Texas Commission on Environmental Quality; or(B) included in an area permit issued by the Texas Commission on Environmental Quality under Texas Water Code, Chapter 27.(b) Each permittee shall register each cased exploration well with the Texas Commission on Environmental Quality pursuant to the requirements in 30 TAC §331.221 (relating to Registration of Wells).(c) A well described in §11.131(f) of this title (relating to Uranium Exploration Permit: General Provisions) is subject to a groundwater conservation district's rules regarding registration of wells if:(1) the well is located in the groundwater conservation district and is used for monitoring purposes; and(2) the cumulative amount of water produced from the wells located inside the area subject to and completed under the exploration permit issued exceed 40 acre-feet in one permit year.(d) A well described in §11.131(f) of this title is subject to a groundwater conservation district's rules regarding registration, production, and reporting of wells if:(1) the well is located in the groundwater conservation district and is used for rig supply purposes; and(2) the cumulative amount of water produced from the wells located inside the area subject to and completed under the exploration permit issued exceed 40 acre-feet in one permit year.(e) Each month, each permittee that has installed a cased exploration well described in §11.131(f) of this title and located in a groundwater conservation district shall report to the division and the district the total amount of water produced from each well described in §11.131(f) of this title located inside the area subject to the exploration permit. No later than the last day of each month, the permittee shall file a groundwater production report containing the following information for the previous month:(1) well identification to correspond with information provided under §11.139(g) of this title (relating to Uranium Exploration Drill Site Operating and Reclamation Requirements); and(2) water produced reported in gallons and acre-feet. The monthly report shall include the monthly production data and cumulative data for the permit year. Once a well begins production, monthly reports will be required even if production temporarily ceases, until the end of the permit year.", "sourceNote": "Source Note: The provisions of this §11.140 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148939", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.141", "label": "Groundwater Quality and Well Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148940", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At least 15 days prior to commencement of drilling, a permittee whose permit authorizes exploration in a groundwater conservation district shall obtain groundwater samples for analysis in accordance with this subsection. Within 90 days of receiving the laboratory analysis data, the permittee shall provide to the district pre-exploration groundwater quality information as follows:(1) from each existing well located in a groundwater conservation district that is tested by the permittee before exploration; and(2) from the following wells, as applicable:(A) if there are fewer than 10 existing wells located inside the approved exploration area, from each well located inside the approved exploration area; or(B) if there are at least 10 existing wells located inside the approved exploration area, from 10 existing wells that are distributed as evenly as possible throughout that area.(b) Within 90 days of receiving the laboratory analysis data, a permittee whose permit authorizes exploration in a groundwater conservation district shall provide to the district groundwater quality information obtained during exploration within the district as follows:(1) from each existing well that the permittee tests during exploration; and(2) from each cased exploration well completed under the exploration permit.(c) Each permittee shall conform the groundwater quality information required under subsections (a) and (b) of this section to the requirements of §11.142 of this title (relating to Groundwater Analysis and Reporting).(d) Each permittee whose permit authorizes exploration in a groundwater conservation district shall file with the division the groundwater quality information required under subsections (a) and (b) of this section at the same time the information is provided to the district.(e) Each exploration permittee that installs cased exploration wells inside a groundwater conservation district shall provide to the district, within 60 days of the installation, the following information:(1) the permittee's name, address, and telephone number; and(2) the following information for each cased exploration well in the district:(A) well completion information;(B) well logs, except any information determined by the director to be confidential pursuant to §11.74 of this title (relating to Information Subject to Public Review);(C) the location of the well, including a legal description and the acreage of the property where the well is located;(D) verification that the well will be used for an industrial purpose; and(E) the type and capacity of the pump used in the well.", "sourceNote": "Source Note: The provisions of this §11.141 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148940", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.142", "label": "Groundwater Analysis and Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each exploration permittee shall perform groundwater quality testing required under §11.141(a) and (b) of this title (relating to Groundwater Quality and Well Information) for the parameters listed in Table 1. Each permittee shall ensure that analyses are conducted in accordance with protocols set forth in Standard Methods for Examination of Water and Wastewater, 2005, 21st edition; Methods for Chemical Analysis of Water and Wastes, 1979 (EPA-600/4-79-020); and Test Methods: Technical Additions to Methods for Chemical Analysis of Water and Wastes, 1982 (EPA-600/4-82-055). Attached Graphic(b) In addition to reporting the analytical results as required by §11.141 of this title, each permittee shall report to the division and to the groundwater conservation district the following information: (1) a water level from each cased exploration well completed under the exploration permit and from existing wells identified in §11.141 of this title, if the permittee determines it is possible to obtain a water level without pulling the pump or risking damage to the well; and (2) analysis sheets from the laboratory containing: (A) name, address, and telephone number of the analytical laboratory; (B) date of sample collection; (C) date of sample receipt by the laboratory; (D) date of laboratory analysis/report; (E) laboratory sample identification; (F) name and signature of laboratory personnel responsible for the analysis; and (G) the analysis results.", "sourceNote": "Source Note: The provisions of this §11.142 adopted to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148941", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.151", "label": "Surface Mining Reclamation Plan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148942", "queryAsDate": "03/11/2026" }, "ruleBody": "A reclamation plan, which is an essential element of the surface mining permit application, shall be developed in a manner consistent with local, physical, environmental, and climatological conditions and current mining and reclamation technologies and shall include where applicable the following information:(1) the identification of the entire area to be mined and affected over the estimated life of the mining operation;(2) the condition of the land to be covered by the permit prior to any mining, including:(A) the uses existing at the time of the application, and if the land has a history of previous mining, the uses, if reasonably ascertainable, which immediately preceded any mining; and(B) the capability of the land prior to any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, and vegetative cover;(3) the capacity of the land to support its anticipated use following reclamation, including a discussion of the capacity of the reclaimed land to support alternative uses:(A) included in this discussion shall be the uses to which similar land in the vicinity, which is not being mined is being put; and(B) uses, if any, to which similar land which has been similarly mined is being utilized;(4) a description of how the proposed postmining land condition is to be achieved and the necessary support activities that may be needed to achieve the condition, including an estimate of the cost per acre of the reclamation;(5) the steps taken to comply with applicable air and water quality and water rights laws and regulations and any applicable health and safety standards, including copies of any pertinent permit applications;(6) a general timetable that the operator estimates will be necessary for accomplishing the major events contained in the reclamation plan.", "sourceNote": "Source Note: The provisions of this §11.151 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.152", "label": "Surface Mining Reclamation Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148943", "queryAsDate": "03/11/2026" }, "ruleBody": "The operator of all surface mining and reclamation operations not otherwise exempted or excluded shall as a minimum: (1) conduct surface mining operations in a manner consistent with prudent mining practice, so as to maximize the utilization and conservation of the resource being recovered so that reaffecting the land in the future through surface mining can be minimized; (2) restore the land affected to the same or a substantially beneficial condition considering the present and past uses of the land, so long as condition does not present any actual or probable hazard to public health or safety or pose an actual or probable threat of water diminution or pollution, and the operator's declared anticipated land use following reclamation is not deemed to be impractical or unreasonable, to involve unreasonable delay in implementation, or to be violative of federal, state, or local law; provided that a variety of postmining land conditions which differ from the land condition immediately preceding the surface mining operation, including but not limited to stock ponds, fishing or recreational lakes, school or park sites, industrial, commercial, or residential sites, or open space uses, may be approved by the commission if the proposed condition is determined to be substantially beneficial and complies with the provisions of this division (relating to Uranium Surface Mining Reclamation); (3) reduce all highwalls, spoil piles, and banks to a slope sufficient to control erosion effectively and sufficient to sustain vegetation, where required, consistent with the anticipated subsequent use of the affected land; (4) stabilize and protect all surface areas affected by the mining and reclamation operation effectively to control erosion and attendant air and water pollution; (5) remove the topsoil, if any, from the land in a separate layer, replace it on the backfill area; or, if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick growing plants or other means so that the topsoil is preserved from wind and water erosion, remains free of any contamination by toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation; except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation and if other strata can be shown to be as suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation; provided that the requirements of this paragraph shall not apply if a mixing of strata can be shown to be equally suitable for revegetation requirements; (6) replace the topsoil or the best available subsoil, if any, on top of the land to be reclaimed; (7) fill any auger holes with an impervious material in order to prevent drainage; (8) minimize the disturbances to the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quality and quantity of water in surface and ground water systems both during and after surface mining operations and during reclamation by: (A) avoiding mine drainage by such measures as, but not limited to: (i) preventing or removing water from contact with toxic-producing deposits; (ii) treating drainage to reduce toxic content; or (iii) casing, sealing, or otherwise managing boreholes, shafts, and wells to keep toxic drainage from entering ground and surface waters; (B) conducting surface mining operations so as to prevent unreasonable additional contributions of suspended solids to streamflow or runoff outside the permit area above natural levels under seasonal flow conditions; and (C) consistent with good water conservation practices, removing such temporary or large siltation structures from drainways after disturbed areas are revegetated and stabilized; (9) stabilize any waste piles; (10) refrain from surface mining in proximity to active and abandoned underground mines where such mining would cause breakthroughs or would endanger the health or safety of miners; (11) with respect to the use of impoundments for the disposal of mine wastes, processing wastes, or other liquid or solid wastes, incorporate current engineering practices for the design and construction of water retention facilities which, at a minimum, shall be compatible with the requirements of Texas Water Code, §12.052, and applicable federal laws, ensure that leachate will not pollute surface or groundwater, and locate impoundments so as not to endanger public health and safety should failure occur; (12) insure that all debris, toxic materials, or materials constituting a fire hazard are treated or disposed of in a manner designed to prevent contamination of ground or surface waters or combustion; (13) insure that any explosives are used only in accordance with existing state and federal law and regulations promulgated by the commission; (14) insure that all reclamation efforts proceed as contemporaneously as practicable with the surface mining operation; (15) insure that construction, maintenance, and postmining conditions of access roads into and across the site of operations will minimize erosion and siltation, pollution of air and water, damage to fish or wildlife or their habitat, or public or private property; provided that the commission may permit the retention after mining of certain access roads if compatible with the approved reclamation plan; (16) refrain from the construction of roads or other access ways up a stream bed or drainage channel or in proximity to such channel where such construction would seriously alter the normal flow of water; (17) establish on all affected lands, where required in the approved reclamation plan, a diverse vegetative cover native to the affected land where vegetation existed prior to mining and capable of self-regeneration and plant succession equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the revegetation process where desirable or necessary to achieve the approved reclamation plan; (18) assume responsibility for successful revegetation for a period of four years beyond the first year in which the vegetation has been successfully established as evidenced by the land being used as anticipated in the reclamation plan; (19) with respect to permanent impoundments of water as a part of the approved reclamation plan, ensure that: (A) the size of the impoundment and the availability of water are adequate for its intended purpose; (B) the impoundment dam construction will meet the requirements of Texas Water Code, §12.052, and applicable federal laws; (C) the quality of impounded water will be suitable on a permanent basis for its intended use and the discharges from the impoundment will not degrade the water quality in the receiving stream; (D) final grading will provide adequate safety and access for anticipated water users; and (E) such water impoundments will not result in the diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses; (20) unless the operator has made appropriate arrangements with the persons affected (as used in this paragraph only, \"persons affected\" means those persons or government agencies which own or reside on or are responsible for the administration of the places listed in this paragraph), either not create a cut: (A) within 100 feet of any oil and gas well unless such well has been properly plugged; or (B) within 150 feet of the outside line of the right of way of any public highway or from the boundary of any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wildlife and scenic areas, state park, state wildlife refuge, state forest, recorded Texas landmark, state historic site, state archaeological landmark, city or county park, public road, public building, cemetery, school, church, or existing dwelling outside the permit area; (21) provide, when the surface mining operation is permitted to be located within 150 feet of the outside line of the right of way of any public highway or from the boundary of any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wildlife and scenic areas, state park, state wildlife refuge, state forest, recorded Texas historic landmark, state historic site, state archaeological landmark, city or county park, public road, public building, cemetery, school, church, or existing dwelling outside the permit area a screen of natural vegetation between the surface mining operation and the areas described in this paragraph; (22) provide, prior to creating a cut for a surface mining operation, a drainage system adequate to prevent storm water runoff from coming into contact with the surface mining operation in quantities which would cause significant degradation of area surface and groundwaters; (23) provide that runoff water from areas disturbed by mining activities be impounded, drained, diverted, or treated prior to discharge, to reduce soil erosion, damage to unmined lands, or the pollution of streams and other waters. These objectives shall be accomplished as follows: (A) Runoff from any uranium pad and all water pumped from an ore zone shall be retained in a holding pond located in the mine site area and may not be discharged unless such discharge will not adversely affect the receiving waters. (B) After completion of ore removal, rainfall runoff from the overburden shall be drained into the cut or otherwise controlled until erosion control is established. Techniques that the operator may utilize to accomplish the requirements of this paragraph include, but are not limited to: (i) grading of the overburden; (ii) reliance upon the existence of natural drainage in the area; and (iii) the construction of ditches, dams, or berms. (C) If a permanent water impoundment results from surface mining operations, it banks from the top down to 10 feet below the mean water level shall be established as a slope of not greater than one foot vertical to four feet horizontal. (24) provide that toxic-forming materials present in spoil ridges or in the exposed face of a mined ore deposit be covered with nontoxic materials. Final cuts or other depressed areas no longer in use in mining operations which accumulate toxic material are prohibited; (25) unless otherwise specified by the commission, planting shall be done when the season, local weather conditions, and soil conditions are suitable for seed germination and plant survival; (26) revegetation shall be considered successful as required under §131.102(b)(18) of the Act when it is: (A) capable of self-regeneration and plant succession; and (B) generally at least equal in extent of cover to the natural vegetation of the area; (27) provide that slopes of overburden piles be shaped to minimize runoff and to provide a surface to be seeded; (28) in implementing the standards enumerated in this section, the following guidelines will apply: (A) The applicant's declared anticipated land use following reclamation will be considered unacceptable to the commission unless such land following reclamation will be returned to the same condition as it enjoyed prior to mining or to a condition determined by the commission to be substantially beneficial. In determining whether the anticipated postmining land use is substantially beneficial, the commission may consider, although not exclusively, practicable uses to which the land may be put; the past and present market value of the land; its productivity, past and present; its support of habitat for wildlife, past and present; and its provision for recreational utility, past and present. (B) Except where the land will be inundated by a permanent water impoundment or unless the value and/or usefulness of the land will be reasonably comparable to or enhanced by an alternative procedure, the operator will restore the surface of the land to its approximate original contour and where necessary compact its overburden and topsoil to prevent erosion. (29) with respect to pipelines transmitting crude oil, liquid petroleum, natural gas, toxic, or flammable substances: (A) identify and describe pipelines located in the permit area and within 100 feet thereof in the application for a surface mining permit; (B) visibly mark the location of pipelines at 200-foot intervals throughout the permit area; (C) insure a minimum of six feet of compacted material between the pipeline and any haul road or access road within the permit area which crosses over it; (D) not create a cut within 100 feet or one times the depth of the cut (whichever is greater) of any pipeline; (E) conduct blasting operations in accordance with state and federal laws; but, in no case shall blasting be conducted within 200 feet of a pipeline; (F) comply with the requirements of Texas Natural Resources Code, Chapter 117; Texas Utilities Code, Chapter 121; Commission pipeline safety rules in Chapter 8 of this title; federal pipeline safety requirements in 49 USC §§60101, et seq.; and federal pipeline safety rules in 49 CFR Part 191, Transportation of Natural and Other Gas by Pipeline: Annual Reports, Incident Reports, and Safety-Related Condition Reports; 49 CFR Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards; and 49 CFR Part 193, Liquefied Natural Gas Facilities: Federal Safety Standards; and (G) at the discretion of the commission, variances to subparagraphs (B), (C), (D), and (E) of this paragraph may be granted by the commission. Variances to subparagraphs (C), (D), and (E) of this paragraph will be granted if in the opinion of the commission the structural integrity of the pipeline will be maintained and if agreed to by the owner of the pipeline.", "sourceNote": "Source Note: The provisions of this §11.152 adopted to be effective March 24, 1976, 1 TexReg 502, amended to be effective January 20, 1978, 3 TexReg 128; amended to be effective March 15, 1978, 3 TexReg 745; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective December 5, 1980, 5 TexReg 4728; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148943", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.153", "label": "Alternative Methods" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "300", "queryAsDate": "03/11/2026" }, "ruleBody": "A method of reclamation other than that provided in §11.151 of this title (relating to Surface Mining Reclamation Plan) and §11.152 of this title (relating to Surface Mining Reclamation Standards) may be approved by the commission after public hearing, if the commission determines that any method of reclamation required by this section is not practicable and that such alternative method will provide for the affected land to be restored to a substantially beneficial condition.", "sourceNote": "Source Note: The provisions of this §11.153 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "300", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.154", "label": "Amendments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7866", "queryAsDate": "03/11/2026" }, "ruleBody": "The operator may revise or amend the approved reclamation plan at any time in accordance with the requirements of §11.114 of this title (relating to Revision on Motion or with Consent).", "sourceNote": "Source Note: The provisions of this §11.154 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7866", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.161", "label": "Procedure for Petition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7860", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person wishing to have an area designated as unsuitable for surface mining operations or to have such designation terminated shall file four copies of a petition with the commission. Such petition shall contain the following.(1) A map, which shall be a topographical map of a scale no smaller than one inch equal to 500 feet showing the location of the area on which the petition is filed.(2) A statement disclosing all property or other interests in the land covered by the petition or in any other lands within five miles which are owned or held, directly or indirectly, by the petitioner or any member of his family.(3) A listing of local governmental bodies, planning agencies, sewage and water treatment authorities, or water companies having jurisdiction over or in the locality of the proposed designation and people residing within the boundaries of the proposed designation.(4) If the petition is for the purpose of designating an area unsuitable for surface mining, a statement setting forth the types of surface mining that will cause the adverse impact and how the surface mining methods will cause an adverse impact.(5) A statement setting forth, in detail, all facts on which the petition is based.(6) Documentary or other evidence in support of the facts alleged in the petition.(7) If the petition is for the purpose of terminating an unsuitable designation, a detailed statement setting forth:(A) the potential ore or other resources of the area;(B) the demand for such resources; and(C) the impact of a designation of the land unsuitable for surface mining on the environment, the economy, and the supply of the minerals identified in this section.", "sourceNote": "Source Note: The provisions of this §11.161 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7860", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.162", "label": "Determination of Petition Validity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7861", "queryAsDate": "03/11/2026" }, "ruleBody": "Within 30 days following the date of receipt by the commission of the petition to declare lands unsuitable for surface mining or to modify or terminate the designation, the commission shall determine the completeness and validity of the petition and notify the petitioner of the results of such determination. If the petition is found to be complete and valid, it shall be kept on file by the commission and made available for public inspection. If the petition is rejected, the notice of rejection shall set forth each of the reasons for rejection. The determination to accept or reject the petition shall be published in the Texas Register.", "sourceNote": "Source Note: The provisions of this §11.162 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7861", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.163", "label": "Hearing on Petition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "301", "queryAsDate": "03/11/2026" }, "ruleBody": "Upon application for a surface mining permit covering an area for which a complete and valid petition to declare lands unsuitable for surface mining has been filed, the commission shall hold a hearing to consider the petition, in accordance with the notice requirements of §11.34 of this title (relating to Public Hearing), and in addition to such notice shall give notice to those persons and entities required to be submitted by the petitioner in §11.161(2) and (3) of this title (relating to Procedure for Petition).", "sourceNote": "Source Note: The provisions of this §11.163 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "301", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.164", "label": "Petitions Not Received" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7869", "queryAsDate": "03/11/2026" }, "ruleBody": "No petition shall be accepted which covers lands for which notice of the filing of an application for a surface mining permit has been published pursuant to §11.31 of this title (relating to Public Notice).", "sourceNote": "Source Note: The provisions of this §11.164 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7869", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.165", "label": "Elements of Unsuitability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7859", "queryAsDate": "03/11/2026" }, "ruleBody": "When an application is made to conduct a surface mining operation, the commission shall immediately cause the areas proposed to be included within the proposed permit to be surveyed prior to the issuance of a permit. Following the survey and/or hearing where one is warranted, the area may be designated unsuitable for all or certain types of surface mining if:(1) the commission determines that reclamation pursuant to the requirements of the Act is not feasible;(2) such operations will result in significant damage to important areas of historic, cultural, or archaeological value or to important natural systems;(3) such operations will affect renewable resource lands resulting in a substantial loss or reduction of long-range productivity of water supply or food or fiber products, such lands to include aquifers and aquifer recharge areas;(4) such operations are located in areas subject to frequent flooding or areas of unstable geology and may reasonably be expected to endanger life and property;(5) such operations will adversely affect any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild and scenic area, state park, state wildlife refuge, state forest, recorded Texas historic landmark, state historic site, state archaeological landmark or city or county park (a surface mining operation will be presumed to not adversely affect any of the areas listed in this paragraph if the agency or governmental body responsible for such area has no objection to the proposed surface mining operation);(6) where such operations would endanger any public road, public building, cemetery, school, church, or similar structure or existing dwelling outside the permit area (a surface mining operation will be presumed to not adversely affect any of the preceding if the person or governmental body which owns or is responsible for the administration or maintenance of the above has no objection to the surface mining operation); or(7) areas subject to frequent flooding or areas located within recharge zones of aquifers which provide drinking water to the public may be unsuitable for conventional surface mining operations and any operations proposed for those areas will be critically evaluated by the commission.", "sourceNote": "Source Note: The provisions of this §11.165 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7859", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.166", "label": "Notice of Existing Unsuitable Designation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "302", "queryAsDate": "03/11/2026" }, "ruleBody": "Within 10 days following receipt of an application for a surface mining permit covering an area on which a designation of unsuitability for surface mining has been made by the commission, the commission shall provide to the applicant a copy of such determination. Applicant may thereafter amend the application to eliminate any land covered by the designation.", "sourceNote": "Source Note: The provisions of this §11.166 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "302", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.167", "label": "Notice of Petition Determination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148925", "queryAsDate": "03/11/2026" }, "ruleBody": "Following a determination by the commission that lands are unsuitable for surface mining operations, such determination along with a general description of the location of the land(s) shall be published in the Texas Register. The publication shall also state that a more precise delineation of the land's location may be found in the central office of the commission.", "sourceNote": "Source Note: The provisions of this §11.167 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148925", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.181", "label": "Surface Mine Closing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148926", "queryAsDate": "03/11/2026" }, "ruleBody": "Any incremental part of a mining operation for which a separate bond has been submitted will be considered as closed for the purposes of this division at such time as the operator demonstrates to the commission that:(1) all the requirements of Division 6 of this subchapter (relating to Uranium Surface Mining Reclamation) have been met; and(2) vegetative cover, where required, has sustained itself for a period of four years.", "sourceNote": "Source Note: The provisions of this §11.181 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148926", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.182", "label": "Surface Mine Release" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29838", "queryAsDate": "03/11/2026" }, "ruleBody": "Upon the fulfillment of the requirements set forth in §11.181 of this title (relating to Surface Mine Closing), the operator will be released from further responsibility for activities and reports required by these sections. The operator will be notified in writing by the commission upon such release, which notification shall be a prerequisite to final release of bond under §§11.201-11.206 of this title (relating to Amount of Bond; Personal Bond; Duration of Liability; Form of Bond or Collateral; Changes in Coverage; and Release or Reduction of Bonds).", "sourceNote": "Source Note: The provisions of this §11.182 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29838", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.191", "label": "Annual Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29840", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless this requirement is modified or waived by the commission, within 90 days after the conclusion of each calendar year, each operator conducting surface mining operations under one or more approved surface mining permits shall file an operations and progress report with the commission on a form prescribed and furnished by the commission.", "sourceNote": "Source Note: The provisions of this §11.191 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29840", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.192", "label": "Contents of Annual Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7867", "queryAsDate": "03/11/2026" }, "ruleBody": "The report shall include the following elements.(1) Identification of the operator of the mine or mines covered by the report and the permit number(s) under which the surface mining activities were carried out.(2) A summary of the amount of acreage disturbed, the amount of coal and/or uranium underlying such acreage and the amount of coal and/or uranium actually recovered from such acreage under each mining permit during the last 12-month period.(3) A description of the amount and type of reclamation carried out in the last 12-month period for each mine covered by a permit.(4) An estimate of the acreage and location of the land which will be affected in the ensuing 12-month period.(5) A map or maps, which shall be no smaller than a topographical map on a scale of one inch equal to 500 feet showing the location of acreage disturbed by mining during the past year, the location of reclamation carried out during the past year, and the location of acreage which will be affected by mining operations in the ensuing year.", "sourceNote": "Source Note: The provisions of this §11.192 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.193", "label": "Maintenance of Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148927", "queryAsDate": "03/11/2026" }, "ruleBody": "The permit holder shall maintain records which shall be available in the commission at all reasonable times showing, on a monthly basis:(1) the number and location of mined acres;(2) the number and location of acres under reclamation;(3) the number and location of acres upon which reclamation has been completed; and(4) the results or readings, taken on a monthly basis, from any monitoring equipment installed pursuant to orders of the commission or any other state agency.", "sourceNote": "Source Note: The provisions of this §11.193 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148927", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.194", "label": "Release from Reporting Requirement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29839", "queryAsDate": "03/11/2026" }, "ruleBody": "Surface mining operations conducted at any individual mine shall be reported in the annual report until such time as the mine is closed pursuant to the provisions of §§11.181-11.182 of this title (relating to Surface Mine Closing, and Surface Mine Release).", "sourceNote": "Source Note: The provisions of this §11.194 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29839", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.201", "label": "Amount of Bond" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7870", "queryAsDate": "03/11/2026" }, "ruleBody": "The amount of the bond required for each bonded area shall depend on the reclamation requirements of the approved permit and shall be determined by the commission on the basis of two estimates, one of which may be submitted by the permit applicant and the other prepared by the commission provided that only the commission's estimate need be submitted if applicant waives his right to submit an estimate. The amount of the bond shall be determined by the commission and shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by a third party in the event of forfeiture.", "sourceNote": "Source Note: The provisions of this §11.201 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective September 30, 1991, 16 TexReg 5136." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.202", "label": "Personal Bond" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148928", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may accept the bond of the operator itself, without separate surety, when the operator demonstrates to the satisfaction of the commission the existence of a suitable agent to receive service of process and history of financial solvency and continuous operation sufficient to self-insure or bond such amount.(b) The commission will be satisfied of the applicant's financial solvency and may accept the applicant's bond without separate surety if at the time of the consideration of the application and during each of the five years prior to the application, the applicant has owned net assets in excess of liabilities, as those terms are defined by generally accepted accounting principles, located in Texas and subject to process, in an amount at least twice the amount of the bond furnished, or in the opinion of the commission, commensurate criteria.", "sourceNote": "Source Note: The provisions of this §11.202 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148928", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.203", "label": "Duration of Liability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7868", "queryAsDate": "03/11/2026" }, "ruleBody": "Liability under the bond shall be for the duration of surface mining and reclamation operations and for a period coincident with the operator's responsibility pursuant to §§11.181-11.182 of this title (relating to Surface Mine Closing, and Surface Mine Release).", "sourceNote": "Source Note: The provisions of this §11.203 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7868", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.204", "label": "Form of Bond or Collateral" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7871", "queryAsDate": "03/11/2026" }, "ruleBody": "The bond shall be executed by the operator and a corporate surety licensed to do business in the State of Texas, except that the operator may elect to deposit cash or negotiable securities acceptable to the commission, or an assignment of a savings account in a Texas bank on an assignment form prescribed by the commission. The cash deposit or market value of such substitute collateral shall be equal to or greater than the amount of the bond required for the bonded area. Cash or other substitute collateral shall be deposited on the same terms as the terms on which surety bonds may be deposited.", "sourceNote": "Source Note: The provisions of this §11.204 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7871", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.205", "label": "Changes in Coverage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148929", "queryAsDate": "03/11/2026" }, "ruleBody": "The amount of the bond or deposit required and the terms of acceptance of the applicant's bond or substitute collateral may be increased or decreased from time to time to reflect changes in the cost of future reclamation of land mined or to be mined. The amount of the bond or substitute collateral may be reduced only in accordance with the provisions of the following §11.206 of this title (relating to Release or Reduction of Bonds) and such bond or deposit shall be increased or decreased when actual acreage affected by mining is ascertained.", "sourceNote": "Source Note: The provisions of this §11.205 adopted to be effective March 24, 1976, 1 TexReg 502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148929", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "11", "label": "SURFACE MINING AND RECLAMATION DIVISION" }, "subchapter": { "number": "C", "label": "SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING" }, "rule": { "number": "§11.206", "label": "Release or Reduction of Bonds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29843", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At any time an operator may file an application with the commission for the release of all or part of the performance bond or deposit. Such application shall be on a form prescribed by the commission and shall contain the following:(1) the type and approximate date of reclamation work performed;(2) a description of the results achieved as they relate to the operator's reclamation plan;(3) a copy of the notice published in accordance with §11.31 of this title (relating to Public Notice) containing:(A) the name of the operator;(B) the permit number and the date approved;(C) identification of the location and boundaries of the land affected;(D) the amount of the bond filed and the portion sought to be released; and(E) where the bond release application has been placed for public inspection.(b) Within 45 days following receipt of the notification and request, the commission shall conduct an inspection and evaluation of the reclamation work involved. Such evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of continuance of future occurrence of such pollution and the estimated cost of abating such pollution.(c) The commission may release in whole or in part said bond or deposit if it is satisfied that reclamation covered by the bond or deposit or a portion thereof has been accomplished as required by the approved reclamation plan according to the following schedule.(1) When the operator completes any required backfilling, regrading, and drainage control of a bonded area in accordance with his approved reclamation plan, the release of up to 75% of the bond or substitute collateral for the applicable permit area; provided, however, that the amount of the unreleased portion of the bond or substitute collateral shall not be less than the amount necessary to assure completion of the reclamation work by a third party in the event of forfeiture.(2) When the operator has successfully completed the remaining reclamation activities, but not before the expiration of the period specified for operator responsibility in §§11.181-11.182 of this title (relating to Surface Mine Closing and Surface Mine Release), the release of the remaining portion of the bond or substitute collateral; provided, however, that no bond shall be fully released until all reclamation requirements of the approved reclamation plan are fully met.(d) If the commission disapproves the application for release of the bond or portion thereof, it shall notify the operator, in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure said release.(e) Where the commission determines that the application is of significance sufficient to warrant a public hearing, the commission shall hold a public hearing as provided for in §11.34 of this title (relating to Public Hearing).", "sourceNote": "Source Note: The provisions of this §11.206 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29843", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.1", "label": "Objective" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7704", "queryAsDate": "03/11/2026" }, "ruleBody": "The objective of these regulations is to fulfill the purposes of both the Texas and federal surface mining and reclamation acts relating to coal in a manner consistent with their language, legislative history, other applicable laws, and judicial interpretations. These purposes are delineated in §134.003 of the State Act and Section 102 of the Federal Act.", "sourceNote": "Source Note: The provisions of this §12.1 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7704", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.2", "label": "Authority, Responsibility and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202404&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202404", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission has the authority and shall enforce state laws and regulations not inconsistent with the \"Texas Surface Coal Mining and Reclamation Act\" or the federal \"Surface Mining Control and Reclamation Act of 1977\" and the regulations lawfully promulgated thereunder.(b) This Chapter applies to all coal exploration and surface coal mining and reclamation operations, except:(1) the extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her. Noncommercial use does not include the extraction of coal by one unit of an integrated company or other business or nonprofit entity which uses the coal in its own manufacturing or power plants;(2) the extraction of 250 tons of coal or less by a person conducting a surface mining and reclamation operation. A person who intends to remove more than 250 tons is not exempted;(3) the extraction of coal as an incidental part of federal, state or local government-financed highway or other construction in accordance with the rules of the Commission and §§12.21 and 12.22 of this title (relating to Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction); and(4) the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3% of the total tonnage of coal and other minerals removed annually for commercial use or sale in accordance with §§12.25-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals); and(5) coal exploration on lands subject to the requirements of 43 CFR Parts 3480-3487.(c) The Commission is responsible for the regulation of surface coal mining and reclamation operations and coal exploration under the approved state program and the reclamation of abandoned mine lands under the approved state reclamation plan on non-federal and non-Indian lands.(d) The Secretary of the U.S. Department of the Interior may delegate to a state through a cooperative agreement certain authority relating to the regulation of surface coal mining and reclamation operations on federal lands in accordance with 30 CFR Part 745.(e) The Director, Office of Hearings and Appeals, U.S. Department of the Interior, is responsible for the administration of administrative hearings and appeals required or authorized by the Federal Act pursuant to the regulations in 43 CFR Part 4.(f) The Commission may terminate its jurisdiction under the approved state program over the reclaimed site of a completed surface coal mining and reclamation operation, or increment thereof, when the Commission determines in writing that under the permanent program, all requirements imposed under the approved state program have been successfully completed, or, where a performance bond was required, the Commission has made a final decision in accordance with Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations) to fully release the performance bond. Following a termination under this paragraph, the Commission shall reassert jurisdiction under the permanent regulatory program over a site if it is demonstrated that the bond release or written determination was based upon fraud, collusion, or misrepresentation of material fact.", "sourceNote": "Source Note: The provisions of this §12.2 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202404&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202404", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202405", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this Chapter (relating to Coal Mining Regulations), shall have the following meanings unless the context clearly indicates otherwise:(1) Acid drainage--Water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining and reclamation operations.(2) Acid-forming materials--Earth materials that contain sulfide minerals or other materials which, if exposed to air, water, or weathering processes, form acids that may create acid drainage.(3) Act or State Act--The \"Texas Surface Coal Mining and Reclamation Act\" (Texas Natural Resources Code, Chapter 134).(4) Adjacent area--Land located outside the affected area or permit area, depending on the context in which adjacent area is used, where air, surface or ground water, fish, wildlife, vegetation or other resources protected by the Act may be adversely impacted by surface coal mining and reclamation operations.(5) Administratively complete application--An application for permit approval or approval for coal exploration where required, which the Commission determines to contain information addressing each application requirement of the regulatory program and to contain all information necessary to initiate processing and public review.(6) Affected area--Any land or water surface which is used to facilitate, or which is physically altered by surface coal mining and reclamation operations. Affected area includes the disturbed area; any area upon which surface coal mining and reclamation operations are conducted; any adjacent lands the use of which is incidental to surface coal mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for hauling coal to or from surface coal mining and reclamation operations; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; any areas which contain sited structures, facilities, or other property material on the surface resulting from, or incident to, surface coal mining and reclamation operations; and the area located above underground workings.(7) Agricultural activities--With respect to alluvial valley floors, the use of any tract of land for the production of animal or vegetable life, where the use is enhanced or facilitated by subirrigation or flood irrigation associated with alluvial valley floors. These uses include, but are not limited to, the pasturing, grazing or watering of livestock, and the cropping, cultivation or harvesting of plants whose production is aided by the availability of water from subirrigation or flood irrigation. Those uses do not include agricultural practices which do not benefit from the availability of water from subirrigation or flood irrigation.(8) Agricultural use--The use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants.(9) Airblast--An airborne shock wave resulting from the detonation of explosives and which may or may not be audible.(10) Alluvial valley floors--The unconsolidated stream-laid deposits holding streams with water availability sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits formed by unconcentrated runoff or slope wash, together with talus, or other mass-movement accumulations, and windblown deposits.(11) Anthracite--Coal classified as anthracite in the American Society for Testing and Materials (ASTM) Standard D 388-77. Coal classifications are published by the ASTM under the title, \"Standard Specification for Classification of Coals by Rank\", ASTM D 388-77. This ASTM Standard is on file and available for inspection at the Office of the Surface Mining and Reclamation Division, Railroad Commission of Texas, 1701 North Congress Avenue, Austin, Texas.(12) APA--The \"Administrative Procedure Act\" (Texas Government Code, Chapter 2001).(13) Applicant--Any person seeking a permit, permit revision, renewal, and transfer, assignment, or sale of permit rights from the Commission to conduct surface or underground coal mining and reclamation operations pursuant to the Act. With respect to Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems), this term includes a person who seeks to obtain exploration approval or a permit under that subchapter and the regulatory program. With respect to Subchapter M of this chapter (relating to Training), this term includes a person who submits an application to the Commission to request blaster training, examination or certification.(14) Applicant/Violator System or AVS--An automated information system of applicant, permittee, operator, violation and related data that the Office maintains to assist in implementing the Federal Act.(15) Application--The documents and other information filed with the Commission under this chapter (relating to Coal Mining Regulations) for the issuance of permits; revisions; renewals; and transfers, assignment, or sale of permit rights for surface coal mining and reclamation operations or, where required, for coal exploration. With respect to Subchapter M of this chapter, this term includes a request submitted to the Commission on a prescribed form, and including any required fee and any applicable supporting evidence or other attachments.(16) Approximate original contour--That surface configuration achieved by backfilling and grading of the mined areas so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where the Commission has determined that they comply with §134.092(a)(8) of the Act.(17) Aquifer--A zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.(18) Arid or semiarid area--In the context of alluvial valley floors, an area west of the 100th meridian west longitude, experiencing water deficits, where water use by native vegetation equals or exceeds that supplied by precipitation. As an example, the Eagle Pass field in Texas is in an arid or semiarid area.(19) Auger mining--A method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface.(20) Best Technology Currently Available (BTCA)--Equipment, devices, systems, methods, or techniques which will:(A) prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable state or federal laws; and(B) minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods, or techniques which are currently available anywhere as determined by the Commission, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds in accordance with §§12.330 - 12.403 and 12.500 - 12.572 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities, and to Permanent Program Performance Standards--Underground Mining Activities). The Commission shall have the discretion to determine the best technology currently available on a case-by-case basis, as authorized by the Act and this chapter.(21) Blaster--A person who is directly responsible for the use of explosives.(22) Blaster certification--To issue to an applicant a Commission Blaster Certificate.(23) Blasthole--A hole drilled for the placement of explosives in rock or other material to be blasted.(24) Blasting crew--Persons whose function is to load explosive charges and assist blasters in the use of explosives.(25) Cemetery--Any area of land where human bodies are interred.(26) Certificate issuance--To grant to an applicant his or her first Commission blaster certificate.(27) Certificate reissuance--To grant to an applicant, who has had a Commission blaster certificate that expired or was revoked, a subsequent certificate for which additional training and examination are required.(28) Certificate renewal--To grant to an applicant, who holds a Commission blaster certificate that is currently valid and not expired or revoked, a subsequent certificate for which training and examination are not required.(29) Certificate replacement--To grant to an applicant, who holds a Commission blaster certificate that is currently valid and not expired, suspended, or revoked, a duplicate certificate as a substitute for one that was lost or destroyed.(30) Certified blaster--A person who has met the qualifications of Subchapter M of this chapter and who has been issued a Commission blaster certificate that is currently valid and not expired, suspended, or revoked.(31) CFR--The federal Code of Federal Regulations.(32) Close of public comment period--The close of a public hearing on a surface mining permit application. When no public hearing is held, this time shall be 30 days after the last publication of the newspaper notice required by §12.207(a) of this title (relating to Public Notices of Filing of Permit Applications).(33) Coal--Combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by ASTM Standard D 388-77.(34) Coal exploration--The field gathering of:(A) Surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical, or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or(B) The gathering of environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of this chapter.(35) Coal exploration operation--The substantial disturbance of the surface or subsurface for the purpose of coal exploration.(36) Coal mine waste--Coal processing waste and underground development waste.(37) Coal mining operation--The business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities occur.(38) Coal preparation--Chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.(39) Coal processing plant or coal preparation plant--A facility where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. It includes facilities associated with coal preparation activities, including, but not limited to, the following: loading facilities; storage and stockpile facilities; sheds, shops and other buildings; water treatment and water storage facilities; settling basins and impoundments; coal processing and other waste disposal areas; and, roads, railroads and other transport facilities. It does not include facilities operated by the final consumer of the coal, such as an electricity generating power plant, when, in the opinion of the Commission, the primary purpose of the facilities is to make the coal ready for conversion into a different energy form and the facilities are located at or near the electricity generating plant or other point of final consumption away from the mine site and outside of the approved mine permit area.(40) Coal processing waste--Earth materials which are separated and wasted from the product coal during cleaning, concentrating, or other processing or preparation of coal.(41) Combustible material--Organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.(42) Commission--The Railroad Commission of Texas.(43) Commission Blaster Certificate--A certificate issued by the Commission to a person determined to be qualified under §§12.700 - 12.710 of this title (relating to Training, Examination, and Certification of Blasters) to be directly responsible for the use of explosives in mining operations regulated by the Commission.(44) Commissioner--One of the elected or appointed members of the decision making body defined as the Commission.(45) Community or institutional building--Any structure, other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental-health or physical health care facility; or is used for public services, including, but not limited to, water supply, power generation or sewage treatment.(46) Compaction--Increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.(47) Complete and accurate application--An application for permit approval or approval for coal exploration where required, which the Commission determines to contain all information required under the Act, this chapter, and the regulatory program that is necessary to make a decision on permit issuance.(48) Control or controller--(A) a permittee of a surface coal mining operation;(B) an operator of a surface coal mining operation; or(C) any person who has the ability to determine the manner in which a surface coal mining operation is conducted.(49) Cropland--Land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops, but does not include quick cover crops grown primarily for erosion control.(50) Cumulative impact area--The area, including the permit area, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface-water and ground-water systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond release of:(A) the proposed operation;(B) all existing operations;(C) any operation for which a permit application has been submitted to the Commission; and(D) all operations required to meet diligent development requirements for leased federal coal for which there is actual mine development information available.(51) Cumulative measurement period--As used in §§12.25 - 12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals), the period of time over which both cumulative production and cumulative revenue are measured.(A) For purposes of determining the beginning of the cumulative measurement period, subject to Commission approval, the operator must select and consistently use one of the following:(i) for mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977; or(ii) for mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.(B) For annual reporting purposes pursuant to §12.33 of this title (relating to Reporting Requirements), the end of the period for which cumulative production and revenue is calculated is either:(i) for mining areas where coal or other minerals were extracted prior to the effective date of §§12.25 - 12.33 of this title, the first anniversary of that date, and each anniversary of that date thereafter; or(ii) for mining areas where extraction of coal or other minerals commenced on or after the effective date of §§12.25 - 12.33 of this title, the last day of the calendar quarter during which coal extraction commenced, and each anniversary of that date thereafter.(52) Cumulative production--As used in §§12.25 - 12.33 of this title, the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in this total is governed by §12.31 of this title (relating to Stockpiling of Minerals).(53) Cumulative revenue--As used in §§12.25 - 12.33 of this title, the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.(54) Department--The U.S. Department of the Interior.(55) Direct financial interest--Ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships.(56) Director--The Director or Acting Director, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, or the Director's representative.(57) Disturbed area--An area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of performance required by Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations) is released.(58) Diversion--A channel, embankment, or other manmade structure constructed to divert water from one area to another.(59) Division--The Surface Mining and Reclamation Division of the Railroad Commission of Texas.(60) Downslope--The land surface between the projected outcrop of the lowest coal bed being mined along each highwall and a valley floor.(61) Embankment--An artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.(62) Employee--Shall include:(A) any person employed by the Commission who performs any function or duty under the Act, including the Commissioners; and(B) Advisory board or Commission members and consultants who perform any function or duty under the Act, if they perform decision making functions for the Commission under the authority of state law or regulations. However, members of advisory boards or commissions established in accordance with state law or regulations to represent multiple interests are not considered to be employees.(63) Ephemeral stream--A stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.(64) Essential hydrologic functions--The role of an alluvial valley floor in collecting, storing, regulating, and making the natural flow of surface or ground water, or both, usefully available for agricultural activities by reason of the valley floor's topographic position, the landscape and the physical properties of its underlying materials. A combination of these functions provides a water supply during extended periods of low precipitation.(A) The role of the valley floor in collecting water includes accumulating runoff and discharge from aquifers in sufficient amounts to make the water available at the alluvial valley floor greater than the amount available from direct precipitation.(B) The role of the alluvial valley floor in storing water involves limiting the rate of discharge of surface water, holding moisture in soils, and holding ground water in porous materials.(C) The role of the alluvial valley floor in regulating:(i) the natural flow of surface water results from the characteristic configuration of the channel flood plain and adjacent low terraces; and(ii) the natural flow of ground water results from the properties of the aquifers which control inflow and outflow.(D) The role of the alluvial valley floor in making water usefully available for agricultural activities results from the existence of flood plains and terraces where surface and ground water can be provided in sufficient quantities to support the growth of agriculturally useful plants, from the presence of earth materials suitable for the growth of agriculturally useful plants, from the temporal and physical distribution of water making it accessible to plants throughout the critical phases of the growth cycle either by flood irrigation or by subirrigation, from the natural control of alluvial valley floors in limiting destructive extremes of stream discharge, and from the erosional stability of earth materials suitable for the growth of agriculturally useful plants.(65) Existing structure--A structure or facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction began prior to approval of the state program.(66) Experimental practice--The use of alternative surface coal mining and reclamation operation practices for experimental or research purposes.(67) Explosives--Any chemical compound, mixture, or device by whose decomposition or combustion gas is generated with such rapidity that it can be used for blasting.(68) Extraction of coal as an incidental part--The extraction of coal which is necessary to enable the construction to be accomplished. For purposes of §12.21 and §12.22 of this title (relating to Applicability, and to Information to be Maintained On Site), only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other such construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of the Act and this chapter.(69) Federal Act--The \"Surface Mining Control and Reclamation Act of 1977\" (Pub. L. 95-87).(70) Federal lands--Any land, including mineral interests, owned by the United States, without regard to how the United States acquired ownership of the lands or which agency manages the lands. It does not include Indian lands.(71) Federal lands program--A program established by the Secretary, pursuant to Section 523 of the Federal Act, to regulate surface coal mining and reclamation operations on federal lands.(72) Flood irrigation--With respect to alluvial valley floors, supplying water to plants by natural overflow or the diversion of flows, so that the irrigated surface is largely covered by a sheet of water.(73) Flyrock--Rock or other blasted material that is propelled from a blast through the air or along the ground.(74) Fragile lands--Areas containing natural, ecologic, scientific or esthetic resources that could be significantly damaged by surface coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, National Natural Landmarks, areas where mining may result in flooding, environmental corridors containing a concentration of ecologic and esthetic features, and areas of recreational value due to high environmental quality.(75) Fugitive dust--That particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations, it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.(76) Fund--The Abandoned Mine Reclamation Fund established pursuant to Section 401 of the Federal Act.(77) General area--With respect to hydrology, the topographic and ground-water basin surrounding a permit area which is of sufficient size, including areal extent and depth, to include one or more watersheds containing perennial streams and ground-water zones and to allow assessment of the probable cumulative impacts on the quality and quantity of surface- and ground-water systems in the basins.(78) Government financing agency--A federal, state, county, municipal, or local unit of government, or a department, bureau, agency or office of the unit which, directly or through another unit of government, finances construction.(79) Government-financed construction--Construction funded 50% or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds, but shall not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments.(80) Ground cover--The area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.(81) Ground water--Subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.(82) Half-shrub--A perennial plant with a woody base whose annually produced stems die back each year.(83) Head-of-hollow fill--A fill structure consisting of any material, other than coal processing waste and organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest point are greater than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10 degrees. In fills with less than 250,000 cubic yards of material, associated with contour mining, the top surface of the fill will be at the elevation of the coal seam. In all other head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.(84) Highwall--The face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities.(85) Historically used for cropland--Refers to:(A) lands that have been used for cropland for any 5 years or more out of the 10 years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease or option the conduct of surface coal mining and reclamation operations;(B) lands that the Commission determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific 5-years-in-10 criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or(C) lands that would likely have been used as cropland for any 5 out of the last 10 years, immediately preceding such acquisition but for some fact of ownership or control of the land unrelated to the productivity of the land.(86) Historic lands--Historic, cultural, or scientific resources. Examples of historic lands include archeological sites, National Historic Landmarks, properties listed on or eligible for listing on a state or National Register of Historic Places, properties having religious or cultural significance to Native Americans or religious groups, and properties for which historic designation is pending.(87) Hydrologic balance--The relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage.(88) Hydrologic regime--The entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.(89) Imminent danger to the health and safety of the public--The existence of any condition or practice, or any violation of a permit or other requirements of the Act in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practices giving rise to the peril, would not expose that person to the danger during the time necessary for abatement.(90) Impoundment--A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment, or waste.(91) Indian lands--All lands, including mineral interests, within the exterior boundaries of any federal Indian reservation, notwithstanding the issuance of any patent, and including rights-of-way, and all lands including mineral interests held in trust for or supervised by an Indian tribe.(92) Indian tribe--Any Indian tribe, band, group, or community having a governing body recognized by the Secretary.(93) Indirect financial interest--The same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.(94) In situ processes--Activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.(95) Intermittent stream--A stream or reach of a stream that:(A) drains a watershed of at least one square mile; or(B) is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and ground-water discharge.(96) Irreparable damage to the environment--Any damage to the environment that cannot be or has not been corrected by actions of the applicant.(97) Knowing or knowingly--With respect to §§12.696 - 12.699 of this title (relating to Individual Civil Penalties), that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.(98) Lands eligible for remining--Previously mined areas that would otherwise be eligible for expenditures under §134.142 of the Act.(99) Land use--Specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Commission.(A) Cropland. Land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.(B) Pastureland or land occasionally cut for hay. Land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.(C) Grazingland. Includes both grasslands and forest lands where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production. Land used for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included.(D) Forestry. Land used or managed for the long-term production of wood, wood fiber, or wood derived products. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included.(E) Residential. Includes single- and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.(F) Industrial/Commercial. Land used for:(i) extraction or transformation of materials for fabrication of products, wholesaling of products, or for long-term storage of products. This includes all heavy and light manufacturing facilities, such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacturing. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road, and other transportation facilities; or(ii) retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage or shipping facilities.(G) Recreation. Land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses.(H) Fish and wildlife habitat. Land dedicated wholly or partially to the production, protection or management of species of fish or wildlife.(I) Developed water resources. Includes land used for storing water for beneficial uses, such as stockponds, irrigation, fire protection, flood control, and water supply.(J) Undeveloped land or no current use or land management. Land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.(100) Materially damage the quantity or quality of water--With respect to alluvial valley floors, changes in the quality or quantity of the water supply to any portion of an alluvial valley floor where such changes are caused by surface coal mining and reclamation operations and result in changes that significantly and adversely affect the composition, diversity, or productivity of vegetation dependent on subirrigation, or which result in changes that would limit the adequacy of the water for flood irrigation of the irrigable land acreage existing prior to mining.(101) Mining area--As used in §§12.25 - 12.33 of this title, an individual excavation site or pit from which coal, other minerals, and overburden are removed.(102) Moist bulk density--The weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity (1/3 bar moisture tension). Weight is determined after drying the soil at 105 degrees C.(103) Monitoring--The collection of environmental data by either continuous or periodic sampling methods.(104) Mulch--Vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth.(105) Natural hazard lands--Geographic areas in which natural conditions exist which pose or, as a result of surface coal mining operations, may pose a threat to the health, safety or welfare of people, property or the environment, including areas subject to landslides, cave-ins, large or encroaching sand dunes, severe wind or soil erosion, frequent flooding, avalanches and areas of unstable geology.(106) Noxious plants--Species that have been included on official Texas list of noxious plants.(107) Occupied dwelling--Any building that is currently being used on a regular or temporary basis for human habitation.(108) Office--The Office of Surface Mining Reclamation and Enforcement, within the U.S. Department of the Interior, established under Title II of the Federal Act.(109) Operator--Any person engaged in coal mining who removes or intends to remove more than 250 tons of coal from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location.(110) Other minerals--As used in §§12.25 - 12.33 of this title, any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste, and fill material.(111) Other treatment facility--Any chemical treatments, such as flocculation or neutralization, or mechanical structures, such as clarifiers or precipitators, that have a point source discharge and are utilized:(A) to prevent additional contributions of dissolved or suspended solids to streamflow or runoff outside the permit area; or(B) to comply with all applicable state and federal water-quality laws and regulations.(112) Outslope--The face of the spoil or embankment sloping downward from the highest elevation to the toe.(113) Overburden--Material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.(114) Own, owner, or ownership--A sole proprietor or owner of record in excess of 50 percent of the voting securities or other instruments of ownership of an entity. Does not apply in context of ownership of real property.(115) Owner of record or ownership interest of record--The owner and address as shown in the tax records of the Texas Assessor-Collector of taxes for the county where the property is located.(116) Perennial stream--A stream or part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.(117) Performance bond--A surety bond, collateral bond or self-bond or a combination thereof, by which a permittee assures faithful performance of all the requirements of the Act, this chapter, and the requirements of the permit and reclamation plan.(118) Performing any function or duty under this Act--Those decisions or actions, which if performed or not performed by an employee, affect the programs under the Act.(119) Permanent diversion--A diversion remaining after surface coal mining and reclamation operations are completed which has been approved for retention by the Commission and other appropriate state and federal agencies.(120) Permanent impoundment--An impoundment which is approved by the Commission and, if required, by other state and federal agencies for retention as part of the postmining land use.(121) Permit--A permit to conduct surface coal mining and reclamation operations issued by the Commission.(122) Permit area--The area of land and water indicated on the map submitted by the operator with the application, as approved by the Commission, which area shall be covered by the operator's bond as required by §§134.121 - 134.127 of the Act and shall be readily identifiable by appropriate markers on the site. This area shall include, at a minimum, all areas which are or will be affected by the surface coal mining and reclamation operations during the term of the permit.(123) Permittee--A person holding or required by the Act or this chapter to hold a permit to conduct surface or underground coal mining and reclamation operations issued by the Commission.(124) Person--An individual, partnership, society, joint stock company, firm, company, corporation, business organization, governmental agency, or any organization or association of citizens.(125) Person having an interest which is or may be adversely affected or person with a valid legal interest--Shall include any person:(A) who uses any resources of economic, recreational, esthetic, or environmental value that may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Commission; or(B) whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Commission.(126) Precipitation event--A quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in these regulations, precipitation event also includes that quantity of water emanating from snow cover as snowmelt in a limited period of time.(127) Previously mined area--Land affected by surface coal mining operations prior to August 3, 1977, that has not been reclaimed to the standards of this Chapter.(128) Prime farmland--Those lands which are defined by the Secretary of Agriculture in 7 CFR 657 and which have been historically used for cropland.(129) Principal shareholder--Any person who is the record or beneficial owner of 10% or more of any class of voting stock.(130) Probable cumulative impacts--The expected total qualitative, and quantitative, direct and indirect effects of mining and reclamation activities on the hydrologic regime.(131) Probable hydrologic consequences--The projected result of proposed surface coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface- or ground-water flow, timing and pattern; the stream-channel conditions; and the aquatic habitat on the permit area and other affected areas.(132) Professional engineer--A person who is duly licensed by the Texas Board of Professional Engineers and Land Surveyors to engage in the practice of engineering in this state.(133) Professional geoscientist--A person who is duly licensed by the Texas Board of Professional Geoscientists to engage in the practice of geoscience in this state.(134) Professional specialist--A person whose training, experience, and professional certification or licensing are acceptable to the Commission for the limited purpose of performing certain specified duties under this chapter.(135) Prohibited financial interest--Any direct or indirect financial interest in any coal mining operation.(136) Property to be mined--Both the surface estates and mineral estates within the permit area and the area covered by underground workings.(137) Public building--Any structure that is owned or leased, and principally used by a governmental agency for public business or meetings.(138) Publicly-owned park--A public park that is owned by a federal, state or local governmental entity.(139) Public office--A facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours.(140) Public park--An area or portion of an area dedicated or designated by any federal, state, or local agency primarily for public recreational use, whether or not such use is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use.(141) Public road--Any thoroughfare open to the public for passage of vehicles.(142) Qualified jurisdiction--A state or federal mining regulatory authority that has a blaster certification program approved by the U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement, in accordance with the Federal Act.(143) Qualified laboratory--A designated public agency, private firm, institution, or analytical laboratory that can provide the required determination of probable hydrologic consequences or statement of results of test borings or core samplings or other services as specified at §12.236 and §12.240 of this title (relating to Program Services, and Data Requirements), and that meets the standards of §12.241 of this title (relating to Qualified Laboratories).(144) Rangeland--Land on which the natural potential (climax) plant cover is principally native grasses, forbs, and shrubs valuable for forage. This land includes natural grass lands and savannahs, such as prairies, and juniper savannahs, such as brushlands. Except for brush control, management is primarily achieved by regulating the intensity of grazing and season of use.(145) Recharge capacity--The ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.(146) Reciprocity--The conditional recognition by the Commission of a blaster certificate issued by another qualified jurisdiction.(147) Reclamation--Those actions taken to restore mined land as required by this chapter to a postmining land use approved by the Commission.(148) Recurrence interval--The interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year, 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years.(149) Reference area--A land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally or by crop production methods approved by the Commission. Reference areas must be representative of geology, soil, slope, and vegetation in the permit area.(150) Regional Director--A Regional Director of the Office or a Regional Director's representative.(151) Remining--Surface coal mining and reclamation operations that affect previously mined areas.(152) Renewable resource lands--Aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazing lands. With respect to Subchapter F of this chapter (relating to Lands Unsuitable for Mining), geographic areas which contribute significantly to the long-range productivity of water supply or of food or fiber products, such lands to include aquifers and aquifer recharge areas.(153) Replacement of water supply--With respect to protected water supplies contaminated, diminished, or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality. Replacement includes provision of an equivalent water-delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies.(A) Upon agreement by the permittee and the water-supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one-time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water-supply owner.(B) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water-supply owner.(154) Road--A surface right-of-way for purposes of travel by land vehicles used in surface coal mining and reclamation operations or coal exploration. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches, and surface. The term includes access and haulroads constructed, used, reconstructed, improved, or maintained for use in surface coal mining and reclamation operations or coal exploration, including use by coal-hauling vehicles to and from transfer, processing, or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine waste disposal areas.(155) Safety factor--The ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.(156) Secretary--The Secretary of the U.S. Department of the Interior, or the Secretary's representative.(157) Sedimentation pond--A primary sediment control structure designed, constructed and maintained in accordance with §12.344 or §12.514 of this title (relating to Hydrologic Balance: Siltation Structures) and including but not limited to a barrier, dam, or excavated depression which slows down water runoff to allow sediment to settle out. A sedimentation pond shall not include secondary sedimentation control structures, such as straw dikes, riprap, check dams, mulches, dugouts and other measures that reduce overland flow velocity, reduce runoff volume or trap sediment to the extent that such secondary sedimentation structures drain to a sedimentation pond.(158) Significant forest cover--An existing plant community consisting predominantly of trees and other woody vegetation.(159) Significant, imminent environmental harm to land, air or water resources--Determined in the following context:(A) An environmental harm is an adverse impact on land, air, or water resources, which resources include, but are not limited to, plant and animal life.(B) An environmental harm is imminent, if a condition, practice, or violation exists which:(i) is causing such harm; or(ii) may reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under §134.162 of the Act.(C) An environmental harm is significant if that harm is appreciable and not immediately reparable.(160) Significant recreational, timber, economic, or other values incompatible with surface coal mining operations--Those significant values which could be damaged by, and are not capable of existing together with, surface coal mining operations because of the undesirable effects mining would have on those values, either on the area included in the permit application or on other affected areas. Those values to be evaluated for their significance include:(A) recreation, including hiking, boating, camping, skiing or other related outdoor activities;(B) timber management and silviculture;(C) agriculture, aquaculture or production of other natural, processed or manufactured products which enter commerce; and(D) scenic, historic, archaeologic, esthetic, fish, wildlife, plants or cultural interests.(161) Siltation structure--A sedimentation pond, a series of sedimentation ponds, or other treatment facility.(162) Slope--Average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of horizontal distance to a given number of units of vertical distance (e.g., 5h:1v). It may also be expressed as a percent or in degrees.(163) Soil horizons--Contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are:(A) A horizon. The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest;(B) E horizon. The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties;(C) B horizon. The layer that typically is immediately beneath the E horizon and often called the subsoil. This middle layer commonly contains more clay, iron, or aluminum than the A, E, or C horizons; and(D) C horizon. The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.(164) Soil survey--A field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the National Cooperative Soil Survey.(165) Spoil--Overburden that has been removed during surface coal mining operations.(166) Stabilize--To control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.(167) Steep slope--Any slope of more than 20 degrees or such lesser slope as may be designated by the Commission after consideration of soil, climate, and other characteristics of a region or state.(168) Subirrigation--With respect to alluvial valley floors, the supplying of water to plants from underneath or from a semi-saturated or saturated subsurface zone where water is available for use by vegetation. Subirrigation may be identified by:(A) diurnal fluctuation of the water table, due to the differences in nighttime and daytime evapotranspiration rates;(B) increasing soil moisture from a portion of the root zone down to the saturated zone, due to capillary action;(C) mottling of the soils in the root zones;(D) existence of an important part of the root zone within the capillary fringe or water table of an alluvial aquifer; or(E) an increase in streamflow or a rise in ground-water levels, shortly after the first killing frost on the valley floor.(169) Substantial legal and financial commitments in a surface coal mining operation--Significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of acquiring the coal in place or the right to mine it without an existing mine, as described in the above example, alone are not sufficient to constitute substantial legal and financial commitments.(170) Substantially disturb--For purposes of coal exploration, to significantly impact land, air or water resources by such activities as blasting; mechanical excavation; drilling or altering coal or water exploratory holes or wells; removal of vegetation, topsoil, or overburden; construction of roads or other access routes; placement of structures, excavated earth, or waste material on the natural surface of land; or by other such activities; or to remove more than 250 tons of coal.(171) Successor in interest--Any person who succeeds to rights granted under a permit, by transfer, assignment, or sale of those rights.(172) Surface coal mining and reclamation operations--Surface coal mining operations and all activities necessary or incidental to the reclamation of such operations. This term includes the term surface coal mining operations.(173) Surface coal mining operations--Includes:(A) activities conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements of §134.015 of the Act, surface operations and surface impacts incident to an underground coal mine, the products of which enter or the operations of which directly or indirectly affect interstate commerce. Such activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; the cleaning, concentrating, or other processing or preparation of coal; and the loading of coal for interstate commerce at or near the mine-site. Provided, however, that such activities do not include the extraction of coal incidental to the extraction of other minerals, where coal does not exceed 16 2/3% of the tonnage of minerals removed annually from all sites operated by a person on contiguous tracts of land for purposes of commercial use or sale, or coal exploration subject to §134.014 and §134.031(d) of the Act; and provided further, that excavation for the purpose of obtaining coal includes extraction of coal from coal refuse piles; and(B) areas upon which the activities described in subparagraph (A) of this definition occur or where such activities disturb the natural land surface. Such areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of those activities and for haulage and excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are site structures, facilities, or other property or material on the surface, resulting from or incident to those activities.(174) Surface mining activities--Those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam, before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.(175) Surface operations and impacts incident to an underground coal mine--All activities involved in or related to underground coal mining which are either conducted on the surface of the land, produce changes in the land surface or disturb the surface, air or water resources of the area, including all activities listed in §134.004(19) of the Act and the definition of surface coal mining operations contained in this section.(176) Suspended solids or nonfilterable residue--Expressed as milligrams per liter, organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the U.S. Environmental Protection Agency regulations for wastewater and analyses (40 CFR 136).(177) Temporary diversion--A diversion of a stream or overland flow which is used during coal exploration or surface coal mining and reclamation operations and not approved by the Commission to remain after reclamation as part of the approved postmining land use.(178) Temporary impoundment--An impoundment used during surface coal mining and reclamation operations, but not approved by the Commission to remain as part of the approved postmining land use.(179) Thick overburden--More than sufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour. More than sufficient spoil and other waste materials occur where the overburden thickness times the swell factor exceeds the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:(A) closely resemble the surface configuration of the land prior to mining; or(B) blend into and complement the drainage pattern of the surrounding terrain.(180) Thin overburden--Insufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour. Insufficient spoil and other waste materials occur where the overburden thickness times the swell factor, plus the thickness of other available waste materials, is less than the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:(A) closely resemble the surface configuration of the land prior to mining; or(B) blend into and complement the drainage pattern of the surrounding terrain.(181) Ton--2,000 pounds avoirdupois (0.90718 metric ton).(182) Topsoil--The A and E soil-horizon layers of the four master soil horizons.(183) Toxic-forming materials--Earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.(184) Toxic mine drainage--Water that is discharged from active or abandoned mines or other areas affected by coal exploration or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.(185) Transfer, assignment, or sale of rights--A change in ownership or other effective control over the right to conduct surface coal mining operations under a permit issued by the Commission.(186) Unconsolidated streamlaid deposits holding streams--With respect to alluvial valley floors, all flood plains and terraces located in the lower portions of topographic valleys which contain perennial or other streams with channels that are greater than 3 feet in bankfull width and greater than 0.5 feet in bankfull depth.(187) Underground development waste--Waste rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of during development and preparation of areas incident to underground mining activities.(188) Underground mining activities--Includes:(A) surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed; and(B) underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting.(189) Undeveloped rangeland--For purposes of alluvial valley floors, lands where the use is not specifically controlled and managed.(190) Unwarranted failure to comply--The failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of the Act, due to the indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or the Act, due to indifference, lack of diligence, or lack of reasonable care.(191) Upland areas--With respect to alluvial valley floors, those geomorphic features located outside the floodplain and terrace complex, such as isolated higher terraces, alluvial fans, pediment surfaces, landslide deposits, and surfaces covered with residuum, mud flows or debris flows, as well as highland areas underlain by bedrock and covered by residual weathered material or debris deposited by sheetwash, rillwash, or windblown material.(192) Valid existing rights--A set of circumstances under which a person may, subject to Commission approval, conduct surface coal mining operations on lands where §134.022 of the Act and §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited) would otherwise prohibit such operations. Possession of valid existing rights only confers an exception from the prohibitions of §12.71(a) of this title and §134.022 of the Act. A person seeking to exercise valid existing rights must comply with all other pertinent requirements of the Act and this chapter.(A) Property rights demonstration. Except as provided in subparagraph (C) of this paragraph, a person claiming valid existing rights must demonstrate that a legally binding conveyance, lease, deed, contract, or other document vests that person, or a predecessor in interest, with the right to conduct the type of surface coal mining operations intended. This right must exist at the time that the land came under the protection of §12.71(a) of this title or §134.022 of the Act. Applicable state statutory or case law will govern interpretation of documents relied upon to establish property rights. If no applicable state law exists, custom and generally accepted usage at the time and place that the documents came into existence will govern their interpretation.(B) Additional demonstrations. Except as provided in subparagraph (C) of this paragraph, a person claiming valid existing rights must also demonstrate compliance with one of the following standards:(i) Good faith/all permits standard. All permits and other authorizations required to conduct surface coal mining operations have been obtained, or a good faith effort to obtain all necessary permits and authorizations has been made, before the land came under the protection of §12.71(a) of this title or §134.022 of the Act. At a minimum, an application must have been submitted for any permit required under Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation Operations, Permits, and Coal Exploration Procedure Systems); or(ii) Needed for and adjacent standard. The land is needed for and immediately adjacent to a surface coal mining operation for which all permits and other authorizations required to conduct surface coal mining operations have been obtained, or a good faith attempt to obtain all permits and authorizations has been made, before the land came under the protection of §12.71(a) of this title or §134.022 of the Act. To meet this standard, a person must demonstrate that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of §12.71(a) of this title or §134.022 of the Act. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits have been made before August 3, 1977, this standard does not apply to lands already under the protection of §12.71(a) of this title or §134.022 of the Act when the Commission approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made. In evaluating whether a person meets this standard, the Commission may consider factors such as:(I) the extent to which coal supply contracts or other legal and business commitments that predate the time that the land came under the protection of §12.71(a) of this title or §134.022 of the Act depend upon use of that land for surface coal mining operations;(II) the extent to which plans used to obtain financing for the operation before the land came under the protection of §12.71(a) of this title or §134.022 of the Act rely upon use of that land for surface coal mining operations;(III) the extent to which investments in the operation before the land came under the protection of §12.71(a) of this title or §134.022 of the Act rely upon use of that land for surface coal mining operations; and(IV) whether the land lies within the area identified on the life-of-mine map submitted under §12.136(3) of this title (relating to Maps: General Requirements) or §12.182(3) of this title (relating to Maps: General Requirements) before the land came under the protection of §12.71(a) of this title.(C) Roads. A person who claims valid existing rights to use or construct a road across the surface of lands protected by §12.71(a) of this title or §134.022 of the Act must demonstrate that one or more of the following circumstances exist if the road is included within the definition of \"surface coal mining operations\" in this section:(i) the road existed when the land upon which it is located came under the protection of §12.71(a) of this title or §134.022 of the Act, and the person has a legal right to use the road for surface coal mining operations;(ii) a properly recorded right of way or easement for a road in that location existed when the land came under the protection of §12.71(a) of this title or §134.022 of the Act, and, under the document creating the right of way or easement, and under subsequent conveyances, the person has a legal right to use or construct a road across the right of way or easement for surface coal mining operations;(iii) a valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of §12.71(a) of this title or §134.022 of the Act; or(iv) valid existing rights exist under subparagraphs (A) and (B) of this paragraph.(193) Valley fill--A fill structure consisting of any material other than coal waste and organic material that is placed in a valley where side slopes of the existing valley measured at the steepest point are greater than 20 degrees or the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.(194) Violation--When used in the context of the permit application information or permit eligibility requirements of the Act and this chapter:(A) a failure to comply with an applicable provision of a Federal or state law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or(B) a noncompliance for which the Commission has provided one or more of the following types of notice, or another state's regulatory authority has provided equivalent notice under corresponding provisions of that state's regulatory program:(i) a notice of violation under §12.678 of this title (relating to Notices of Violation);(ii) a cessation order under §12.677 of this title (relating to Cessation Orders);(iii) a final order, bill, or demand letter pertaining to a delinquent civil penalty assessed under Subchapter L of this chapter (relating to Permanent Program Inspection and Enforcement Procedures);(iv) a bill or demand letter pertaining to delinquent reclamation fees owed under 30 CFR, Part 870; or(v) a notice of bond forfeiture under §12.314(d) of this title (relating to Forfeiture of Bonds) when:(I) one or more violations upon which the forfeiture was based have not been abated or corrected; or(II) the amount forfeited and collected is insufficient for full reclamation under §12.314 of this title, the Commission orders reimbursement for additional reclamation costs, and the person has not complied with the reimbursement order.(195) Violation, failure, or refusal--With respect to §§12.696 - 12.699 of this title, a violation of or a failure or refusal to comply with any order of the Commission including, but not limited to, a condition of a permit, notice of violation, failure-to-abate cessation order, imminent harm cessation order, order to show cause why a permit should not be suspended or revoked, and order in connection with a civil action for relief, except an order incorporated in a decision issued under §134.175 of the Act.(196) Violation notice--Any written notification from a regulatory authority or other governmental entity, as specified in the definition of \"violation\" in this section.(197) Water table--The upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.(198) Willful or willfully--With respect to §§12.696 - 12.699 of this title, an individual that authorized, ordered, or carried out an act or omission that resulted in either a violation or the failure to abate or correct a violation acted:(A) intentionally, voluntarily, or consciously; and(B) with intentional disregard or plain indifference to legal requirements.(199) Willful violation--An act or omission which violates the Act, state, or federal laws or regulations, or any permit condition required by the Act or this chapter, committed by a person who intends the result which actually occurs.", "sourceNote": "Source Note: The provisions of this §12.3 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective June 9, 2003, 28 TexReg 4412; amended to be effective February 24, 2014, 39 TexReg 1121; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202405", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.4", "label": "Petitions to Initiate Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7895", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person may petition the Commission to initiate a proceeding for the issuance, amendment, or repeal of any regulation. The petition shall be submitted in accordance with §1.301 of this title, relating to Petition for Adoption of Rules, and the APA.", "sourceNote": "Source Note: The provisions of this §12.4 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7895", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.5", "label": "Notice of Citizen Suits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "308", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who intends to initiate a civil action on his or her own behalf under §§134.182-134.187 of the Act shall give notice of intent to do so, in accordance with this section.(b) Notice shall be given by certified mail to the Commission, the Secretary of the U.S. Department of the Interior, and the Director of the federal Office of Surface Mining Reclamation and Enforcement, and by first class mail to the appropriate Regional Director.(c) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any regulation, order, or permit issued under the Act.(d) Service of notice under this section is complete upon mailing to the last known address of the person being notified.(e) A person giving notice regarding an alleged violation shall state, to the extent known:(1) sufficient information to identify the provision of the Act, regulation, order, or permit allegedly violated;(2) the act or omission alleged to constitute a violation;(3) the name, address, and telephone numbers of the person or persons responsible for the alleged violation;(4) the date, time, and location of the alleged violation;(5) the name, address, and telephone number of the person giving notice; and(6) the name, address, and telephone number of legal counsel, if any, of the person giving notice.(f) A person giving notice of an alleged failure by the Commission to perform a mandatory act or duty under the Act shall state, to the extent known:(1) the provision of the Act containing the mandatory act or duty allegedly not performed;(2) sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the Act;(3) the name, address, and telephone number of the person giving notice; and(4) the name, address, and telephone number of legal counsel, if any, of the person giving notice.", "sourceNote": "Source Note: The provisions of this §12.5 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "308", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.6", "label": "Availability of Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7891", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Records required by the Act to be made available locally to the public shall be retained at the geographically closest office to the Commission's Surface Mining and Reclamation Division.(b) Other records or documents in the possession of the Commission may be requested pursuant to the Open Records Act (Texas Government Code, Chapter 552).", "sourceNote": "Source Note: The provisions of this §12.6 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7891", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.7", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7897", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided, computation of time under this chapter (relating to Coal Mining Regulations) is based on calendar days.(b) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal holiday on which the Commission is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.(c) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of prescribed time is 7 days or less.", "sourceNote": "Source Note: The provisions of this §12.7 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7897", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.9", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7898", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On or after 8 months from the date of state program approval (approved February 11, 1980), no person shall conduct surface coal mining and reclamation operations in the state without first having obtained a permit from the Commission.(b) The requirements of Subchapter K of this chapter (relating to Permanent Program Performance Standards) shall be effective and shall apply to each surface coal mining and reclamation operation which is required to obtain a permit under the Act, on the earliest date upon which the Act and this chapter (relating to Coal Mining Regulations) require a permit to be obtained, except as provided in subsection (c) of this section.(c) With respect to existing structures:(1) each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of Subchapter K of this chapter (relating to Permanent Program Performance Standards), except that:(A) an existing structure which meets the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards) but does not meet the design requirements of Subchapter K of this chapter (relating to Permanent Program Performance Standards) may be exempted from meeting those design requirements by the Commission. The Commission may grant this exemption only as part of the permit application process after obtaining the information required by §§12.140 or 12.186 of this title (relating to Operation Plan: Existing Structures) and after making the findings required in §12.217 of this title (relating to Criteria for Permit Approval or Denial: Existing Structures); and(B) an existing structure which does not meet a performance standard of Subchapter K of this chapter (relating to Permanent Program Performance Standards) shall be modified or reconstructed to meet the design standard of Subchapter K of this chapter (relating to Permanent Program Performance Standards) pursuant to a compliance plan approved by the Commission as part of the permit application as required in §§12.140 or 12.186 of this title (relating to Operation Plan: Existing Structures) and according to the findings required in §12.217 of this title (relating to Criteria for Permit Approval or Denial: Existing Structures); and(2) the exemptions provided in paragraph (1)(A) of this subsection shall not apply to:(A) the requirements for existing and new waste piles used either temporarily or permanently as dams or embankments; and(B) the requirements to restore the approximate original contour of the land.(d) The applicability of this chapter (relating to Coal Mining Regulations) to coal exploration is as follows:(1) any person conducting coal exploration on or after approval of the state program shall either file a notice of intention to explore or obtain the approval of the Commission required under §§12.109-12.115 of this title (relating to General Requirements for Coal Exploration); and(2) coal exploration performance standards of §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration) shall apply to coal exploration which substantially disturbs the natural land surface two months after approval of the state program.", "sourceNote": "Source Note: The provisions of this §12.9 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7898", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.10", "label": "Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7896", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commissioners or the Director of the Surface Mining and Reclamation Division, acting as their authorized representative, shall:(1) provide advice, assistance, and guidance to all state employees required to file statements pursuant to §12.13 of this title (relating to Who Shall File);(2) promptly review the statement of employment and financial interests and supplements, if any, filed by each employee, to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation;(3) resolve prohibited financial interest situations by ordering or initiating remedial action, or by reporting the violations to the Director who is responsible for initiating action to impose the penalties of the Federal Act;(4) certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved, and that no other prohibited interests have been identified from the statement;(5) submit to the Director such statistics and information as he or she may request to enable preparation of the required annual report to Congress;(6) submit to the Director the initial listing and the subsequent annual listings of positions as required by §§12.13(b) and (c) of this title (relating to Who Shall File);(7) furnish a blank statement 45 days in advance of the filing date established by §12.14(a) of this title (relating to When to File) to each state employee required to file a statement; and(8) inform annually each state employee required to file a statement with the Commission, of the name, address, and telephone number of the person whom they may contact for advice and counseling.(b) Commission employees performing any duties or functions under the Act shall:(1) have no direct or indirect financial interest in coal mining operations;(2) file a fully completed statement of employment and financial interest upon entrance to duty, and annually thereafter on the specified filing date; and(3) comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action.(c) Members of advisory boards and commissions established in accordance with state laws or regulations to represent multiple interests, who perform a function or duty under the Act, shall recuse themselves from proceedings which may affect their direct or indirect financial interests.", "sourceNote": "Source Note: The provisions of this §12.10 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7896", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.12", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7899", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Criminal penalties are imposed by §134.007 of the Act. Section 134.007 of the Act prohibits each employee of the Commission who performs any function or duty under the Act from having a direct or indirect financial interest in any underground or surface coal mining operation. The Act provides that whoever knowingly violates the provisions of §134.007 of the Act shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both.(b) The provisions in §134.007 of the Act make compliance with the financial interest requirements a condition of employment for employees of the Commission who perform any functions or duties under the Act. Accordingly, an employee who fails to file the required statement will be considered in violation of the intended employment provisions of §134.007 of the Act and will be subject to removal from his or her position.", "sourceNote": "Source Note: The provisions of this §12.12 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7899", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.13", "label": "Who Shall File" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7892", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. Members of advisory boards and commissions established in accordance with state laws or regulations to represent multiple interests, who perform a function or duty under the Act, must file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Commission not to involve performance of any function or duty under the Act or who is no longer employed by the Commission at the time a filing is due, is not required to file a statement.(b) The Commission shall prepare a list of those positions within the Commission that do not involve performance of any functions or duties under the Act.(c) The Commission shall annually review and update the listing of positions not involving the performance of any functions or duties under the Act. For monitoring and reporting reasons, the listing must be submitted to the Director and must contain a written justification for inclusion of the positions listed. Proposed revisions or a certification that revision is not required shall be submitted to the Director by no later than September 30 of each year. The Commission may revise the listing by the addition or deletion of positions at any time such revisions are required to carry out the purpose of the law or the regulations of §§12.10, 12.12, this section, and §§12.14-12.19 of this title (relating to Restriction of Financial Interests of State Employees). Additions to and deletions from the listing of positions are effective upon notification to the incumbents of the positions added or deleted.", "sourceNote": "Source Note: The provisions of this §12.13 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7892", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.14", "label": "When To File" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27379", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Employees and members of advisory boards and commissions representing multiple interests performing functions or duties under the Act shall file on February 1st of each year.(b) New employees and new members of advisory boards and commissions representing multiple interests hired, appointed, or transferred to perform functions or duties under the Act will be required to file at the time of entrance to duty. No annual statement shall be required if the initial statement is filed with 60 days prior to February 1st.", "sourceNote": "Source Note: The provisions of this §12.14 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27379", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.15", "label": "Where To File" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "309", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commissioners shall file their statements with the Director. All other employees and members of advisory boards and commissions representing multiple interests, as provided in §12.13 of this title (relating to Who Shall File), shall file their statements with the Commission.", "sourceNote": "Source Note: The provisions of this §12.15 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "309", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.16", "label": "What To Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each employee or member of an advisory board or commission representing multiple interests, as provided in §12.13 of this title (relating to Who Shall File), shall report all information required on the statement of employment and financial interests of the filer, his or her spouse, minor children, or other relatives who are full-time residents of the filer's home. The report shall be on OSM Form 23 as provided by the Office.(b) The statement will set forth the following information regarding any financial interest:(1) Employment. Any continuing financial interests in business entities and nonprofit organizations through a pension or retirement plan, shared income, salary or other income arrangement as a result of prior or current employment. The employee, his or her spouse or other resident relative is not required to report a retirement plan from which he or she will receive a guaranteed income. A guaranteed income is one which is unlikely to be changed as a result of actions taken by the Commission;(2) Securities. Any financial interest in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities or other arrangements including trusts. An employee is not required to report holdings in widely diversified mutual funds, investments clubs or regulated investment companies not specializing in underground and surface coal mining operations;(3) Real Property. Ownership, lease, royalty or other interests or rights in land or minerals. Employees are not required to report lands developed and occupied for a personal residence; and(4) Creditors. Debts owed to business entities and nonprofit organizations. Employees are not required to report debts owed to financial institutions (banks, savings and loan associations, credit unions, and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short term debts for current and ordinary household and living expenses.(c) Employee certification, and, if applicable, a listing of exceptions, shall include the following:(1) the statement will provide for a signed certification by the employee that, to the best of his or her knowledge:(A) none of the listed financial interests represent an interest in an underground or surface coal mining operation except as specifically identified and described as exceptions by the employee as part of the certificate; and(B) the information shown on the statement is true, correct, and complete;(2) an employee is expected to:(A) have complete knowledge of his or her personal involvement in business enterprises such as a sole proprietorship and partnership, his or her outside employment and the outside employment of the spouse and other covered relatives; and(B) be aware of the information contained in the annual financial statement or other corporate or business reports routinely circulated to investors or routinely made available to the public;(3) the exceptions shown in the employee certification of the form must provide enough information for the Commission to determine the existence of a direct or indirect financial interest. Accordingly, the exceptions should:(A) list the financial interests;(B) show the number of shares, estimated value or annual income of the financial interests; and(C) include any other information which the employee believes should be considered in determining whether or not the interest represents a prohibited interest; and(4) employees are cautioned to give serious consideration to their direct and indirect financial interests before signing the statement of certification. Signing the certification without listing known prohibited financial interests may be the cause for imposing the penalties prescribed in §12.12(a) of this title (relating to Penalties).", "sourceNote": "Source Note: The provisions of this §12.16 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7900", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.17", "label": "Gifts and Gratuities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7901", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsection (b) of this section, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or any other thing of monetary value, from a coal company which:(1) conducts or is seeking to conduct, operations or activities that are regulated by the Commission; or(2) has interests that may be substantially affected by the performance or non-performance of the employee's official duty.(b) The prohibitions in subsection (a) of this section do not apply in the context of obvious family or personal relationships, such as those between the parents, children, or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the person concerned which are the motivating factors.(c) Employees found guilty of violating the provisions of this section will be subject to administrative remedies which may include:(1) return of the gift or gratuity;(2) reassignment;(3) suspension or reduction in pay; and(4) job termination.", "sourceNote": "Source Note: The provisions of this §12.17 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7901", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.18", "label": "Resolving Prohibited Interests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7902", "queryAsDate": "03/11/2026" }, "ruleBody": "Actions to be taken by the Commission:(1) Remedial action to effect resolution. If an employee has a prohibited financial interest, the Commission shall promptly advise the employee that remedial action which will resolve the prohibited interest is required within 90 days.(2) Form of remedial action. Remedial action may include:(A) reassignment of the employee to a position which performs no function or duty under the Act; or(B) divestiture of the prohibited financial interest; or(C) other appropriate action which either eliminates the prohibited interest or eliminates the situation which creates the conflict.(3) Reports of noncompliance. If 90 days after an employee is notified to take remedial action that employee is not in compliance with the requirements of the Act and these regulations, the Commission shall take appropriate legal action through the state Attorney General's office as specified under §12.12 of this title (relating to Penalties), and report the facts of the situation to the Director, who shall determine whether any additional action should be initiated. The report to the Director shall include the original or a certified true copy of the employee's statement and any other information pertinent to the Director's determination, including a statement of actions being taken at the time the report is made.", "sourceNote": "Source Note: The provisions of this §12.18 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7902", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.19", "label": "Appeals Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "310", "queryAsDate": "03/11/2026" }, "ruleBody": "Employees have the right to appeal an order for remedial action under §12.18 of this title (relating to Resolving Prohibited Interests), and shall have 30 days to exercise this right before disciplinary action is initiated.(1) Employees, other than the Commissioners, may file their appeal, in writing, through established procedures within the Commission.(2) The Commissioners may file their appeals, in writing, with the Director, who will refer it to the Conflict of Interest Appeals Board within the U.S. Department of the Interior.", "sourceNote": "Source Note: The provisions of this §12.19 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "310", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.21", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7903", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Coal extraction which is an incidental part of government-financed construction is exempt from the Act and this chapter (relating to Coal Mining Regulations).(b) Any person who conducts or intends to conduct coal extraction which does not satisfy subsection (a) of this section shall not proceed until a permit has been obtained from the Commission.", "sourceNote": "Source Note: The provisions of this §12.21 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7903", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.22", "label": "Information To Be Maintained on Site" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7904", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person extracting coal incident to a government-financed highway or other construction who extracts more than 250 tons of coal shall maintain, on the site of the extraction operation and available for inspection, documents which show:(1) a description of the construction project;(2) the exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction; and(3) the government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.", "sourceNote": "Source Note: The provisions of this §12.22 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7904", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.23", "label": "Costs and Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "311", "queryAsDate": "03/11/2026" }, "ruleBody": "An award may be made pursuant to §134.172 of the Act:(1) to the Commission when it demonstrates that any person applied for review pursuant to §§134.161-134.173 of the Act or that any party participated in such a proceeding in bad faith and for the purpose of harassing or embarrassing the Commission;(2) to a permittee from any person when the permittee demonstrates that the person initiated a proceeding under §§134.161-134.173 of the Act or participated in such a proceeding in bad faith and for the purpose of harassing or embarrassing the permittee;(3) to a permittee from the Commission when the permittee demonstrates that the Commission issued an order of cessation, a notice of violation, or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee;(4) to any person other than a permittee or his representative from the Commission if the person initiates or participates in any proceeding under the Act, upon a finding that the person made a substantial contribution to a full and fair determination of the issues; or(5) to any person from the permittee if the person initiates any administrative proceedings reviewing enforcement actions, upon a finding that a violation of the Act, regulations, or permit has occurred, or that an imminent hazard existed; or to any person who participates in an enforcement proceeding when such finding is made if the Commission determines that the person made a substantial contribution to the full and fair determination of the issues.", "sourceNote": "Source Note: The provisions of this §12.23 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "311", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.25", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7905", "queryAsDate": "03/11/2026" }, "ruleBody": "This section and §§12.26-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals) implements the exemption contained in §134.004(19)(A) of the Act concerning the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3% of the total tonnage of coal and other minerals removed for purposes of commercial use or sale.", "sourceNote": "Source Note: The provisions of this §12.25 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7905", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.26", "label": "Application Requirements and Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7906", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirement to file an application. Any person who plans to commence or continue coal extraction after the effective date of §12.25, this section, and §§12.27-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals), in reliance on the incidental mining exemption shall file a complete application for exemption with the Commission for each mining area. A person may not commence coal extraction based upon the exemption until the Commission approves such application, except as provided in subsection (e)(3) of this section.(b) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to the effective date of §12.25, this section, and §§12.27-12.33 of this title, may continue mining operations for 60 days after the effective date of §12.25, this section, and §§12.27-12.33 of this title. Coal extraction may not continue after such 60 day period unless that person files an administratively complete application for exemption with the Commission. An application will be determined to be administratively complete when it contains the information responsive to the requirements of §12.27 of this title (relating to Contents of Application for Exemption). If an administratively complete application is filed within 60 days, the person may continue extracting coal in reliance on the exemption beyond the 60-day period until the Commission makes an administrative decision on such application.(c) Additional information. The Commission shall notify the applicant if the application for exemption is incomplete and may at any time require submittal of additional information.(d) Public comment period. Following publication of the newspaper notice required by §12.27(i) of this title, the Commission shall provide a period of no less than 30 days, during which time any person having an interest which is or may be adversely affected by a decision on the application may submit written comments or objections.(e) Exemption determination.(1) No later than 90 days after filing of an administratively complete application, the Commission shall make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under §12.25, this section, and §§12.27-12.33 of this title, and shall notify the applicant and persons submitting comments on the application of the determination and the basis for the determination.(2) The determination of exemption shall be based upon information contained in the application and any other information available to the Commission at that time.(3) If the Commission fails to provide an applicant with the determination as specified in paragraph (1) of this subsection, an applicant who has not begun may commence coal extraction pending a determination on the application unless the Commission issues an interim finding, together with reasons therefor, that the applicant may not begin coal extraction.(f) Appeal and review. Any adversely affected person may request appeal or review of a determination under subsection (e) of this section in accordance with procedures established under §12.222 of this title (relating to Administrative Review).", "sourceNote": "Source Note: The provisions of this §12.26 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7906", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.27", "label": "Contents of Application for Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7907", "queryAsDate": "03/11/2026" }, "ruleBody": "An application for exemption shall include, at a minimum:(1) the name and address of the applicant;(2) a list of the minerals sought to be extracted;(3) estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;(4) estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the mining area;(5) where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;(6) the basis for all annual production, revenue, and fair market value estimates;(7) a description, including county, township if any, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;(8) an estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operation;(9) evidence of publication, in a newspaper of general circulation in the county of the mining area, of a public notice that an application for exemption has been filed with the Commission. (The public notice must identify the persons claiming the exemption and must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation.);(10) representative stratigraphic cross-section(s) based on test borings or other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of any material, not classified as other minerals, that will also be extracted during the conduct of mining activities;(11) a map of appropriate scale which clearly identifies the mining area;(12) a general description of mining and mineral processing activities for the mining area;(13) a summary of sales commitments and agreements for future delivery, if any, which the applicant has received for other minerals to be extracted from the mining area, or a description of potential markets for such minerals;(14) if the other minerals are to be commercially used by the applicant, a description specifying the use;(15) for operations having extracted coal or other minerals prior to filing an application for exemption, in addition to the information required above, the following information must also be submitted:(A) any relevant documents the operator has received from the Commission documenting its exemption from the requirements of the Act;(B) the cumulative production of the coal and other minerals from the mining area; and(C) estimated tonnages of stockpiled coal and other minerals; and(16) any other information pertinent to the qualification of the operation as exempt.", "sourceNote": "Source Note: The provisions of this §12.27 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7907", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.28", "label": "Public Availability of Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7910", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsection (b) of this section, all information submitted to the Commission under §§12.25-12.27, this section, and §§12.29-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals) shall be made immediately available for public inspection and copying at the Division's central and local offices closest to the mining operations claiming exemption until at least three years after expiration of the period during which the subject mining area is active.(b) The Commission may keep information submitted to the Commission under this part confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information of the persons intending to conduct operations under §§12.25-12.27, this section, and §12.29-12.33 of this title.(c) Information requested to be held as confidential under subsection (b) of this section shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.", "sourceNote": "Source Note: The provisions of this §12.28 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7910", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.29", "label": "Requirements for Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7911", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Activities are exempt from the requirements of the Act if all of the following are satisfied:(1) The cumulative production of coal extracted from the mining area determined annually as described in this paragraph does not exceed 16 2/3% of the total cumulative production of coal and other minerals removed during such period for purposes of bona fide sale or reasonable commercial use.(2) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial use.(3) The cumulative revenue derived from the coal extracted from the mining area determined annually shall not exceed 50% of the total cumulative revenue derived from the coal and other minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be considered rather than revenue.(b) Persons seeking or that have obtained an exemption from the requirements of the Act shall comply with the following:(1) Each other mineral upon which an exemption under §§12.25-12.28, this section, and §§12.30-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals) is based must be a commercially valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the reasonably foreseeable future, not to exceed 12 months from the end of the current period for which cumulative production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate the above standard.(2) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the transaction must be made for legitimate business purposes.", "sourceNote": "Source Note: The provisions of this §12.29 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7911", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.30", "label": "Conditions of Exemption and Right of Inspection and Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7912", "queryAsDate": "03/11/2026" }, "ruleBody": "A person conducting activities covered by §§12.25-12.29, this section, and §12.31-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals) shall:(1) maintain on-site or at other locations available to authorized representatives of the Commission, as well as authorized representatives of the Secretary, the information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the Commission;(2) notify the Commission upon the completion of the mining operation or permanent cessation of all coal extraction activities;(3) conduct operations in accordance with the approved application or when authorized to extract coal under §12.26(b) or (e)(3) of this title (relating to Application Requirements and Procedures) prior to submittal or approval of an exemption application, in accordance with the standards of §§12.25-12.29, this section, and §§12.31-12.33 of this title.(4) Authorized representatives of the Commission, as well as authorized representatives of the Secretary, shall have the right to conduct inspections of operations claiming exemption under §§12.25-12.29, this section, and §§12.31-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals).(5) Each authorized representative of the Commission, as well as authorized representatives of the Secretary, conducting an inspection under §§12.25-12.29, this section, and §§12.31-12.33 of this title:(A) shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;(B) may, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and(C) shall have a right to gather physical and photographic evidence to document conditions, practices, or violations at a site.(6) No search warrant shall be required with respect to any activity under paragraphs (4) and (5) of this section, except that a search warrant may be required for entry into a building.", "sourceNote": "Source Note: The provisions of this §12.30 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7912", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.31", "label": "Stockpiling of Minerals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7913", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use:(1) up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculated based upon the average annual sales, transfer and use from the mining area over the two preceding years; or(2) for a mining area where coal has been extracted for a period of less than two years, up to an amount that would represent a 12-month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred, or used each month.(b) Other minerals.(1) The Commission shall disallow all or part of an operator's tonnages of stockpiled other minerals for purposes of meeting the requirements of §§12.25-12.30, this section, and §12.32 and §12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals) if the operator fails to maintain adequate and verifiable records of the mining area of origin, the disposition of stockpiles or if the disposition of the stockpiles indicates the lack of commercial use or market for the minerals.(2) The Commission may only allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the requirements of §§12.25-12.30, this section, and §12.32 and §12.33 if:(A) the stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices; and(B) except as provided in paragraph (3) of this subsection, the stockpiled other minerals do not exceed a 12-month supply of the mineral required for future sales as approved by the Commission on the basis of the exemption application.(3) The Commission may allow an operator to utilize tonnages of stockpiled other minerals beyond the 12-month limit established in paragraph (2) of this subsection if the operator can demonstrate to the Commission's satisfaction that the additional tonnage is required to meet future business obligations of the operator, such as may be demonstrated by a legally binding agreement for future delivery of the minerals.(4) The Commission may periodically revise the other mineral stockpile tonnage limits in accordance with the criteria established in paragraphs (2) and (3) of this subsection based on additional information available to the Commission.", "sourceNote": "Source Note: The provisions of this §12.31 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7913", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.32", "label": "Revocation and Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7914", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Commission responsibility. The Commission shall conduct an annual compliance review of the mining area, utilizing the annual report submitted pursuant to §12.33 of this title (relating to Reporting Requirements), an on-site inspection, and any other information available to the Commission.(b) Notification by Commission. If the Commission has reason to believe that a specific mining area was not exempt under the provisions of §§12.25-12.31, this section, and §12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals) at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the Commission shall notify the operator that the exemption may be revoked and the reason(s) therefor. The exemption will be revoked unless the operator demonstrates to the Commission within 30 days that the mining area in question should continue to be exempt.(c) Exemption Revoked.(1) If the Commission finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the Commission shall revoke the exemption and immediately notify the operator and intervenors. If a decision is made not to revoke an exemption, the Commission shall immediately notify the operator and intervenors.(2) Any adversely affected person may request appeal or review of a decision whether to revoke an exemption in accordance with procedures established under §12.222 of this title (relating to Administrative Review).(d) Direct enforcement.(1) An operator mining in accordance with the terms of an approved exemption shall not be cited for violations of the Act and this chapter (relating to Coal Mining Regulations) which occurred prior to the revocation of the exemption.(2) An operator who does not conduct activities in accordance with the terms of an approved exemption and knows or should know such activities are not in accordance with the approved exemption shall be subject to direct enforcement action for violations of the Act and this chapter (relating to Coal Mining Regulations) which occur during the period of such activities.(3) Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface coal mining operations until a permit is obtained and shall comply with the applicable reclamation standards of the Act and this chapter (relating to Coal Mining Regulations) with regard to conditions, areas, and activities existing at the time of revocation or denial.", "sourceNote": "Source Note: The provisions of this §12.32 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7914", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§12.33", "label": "Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "312", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Exemption Approval.(1) Following approval by the Commission of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the Commission containing the information specified in subsection (b) of this section.(2) The report shall be filed no later than 30 days after the end of the 12-month period as determined in accordance with the definition of \"cumulative measurement period\" in §12.3 of this title (relating to Definitions).(3) The information in the report shall cover:(A) annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding 12-month period; and(B) the cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals.(b) Reporting. For each period and mining area covered by the report, the report shall specify:(1) the number of tons of extracted coal sold in bona fide sales and total revenue derived from such sales;(2) the number of tons of coal extracted and used or transferred by the operator or related entity and the estimated total fair market value of such coal;(3) the number of tons of coal stockpiled;(4) the number of tons of other commercially valuable minerals extracted and sold in bona fide sales and total revenue derived from such sales;(5) the number of tons of other commercially valuable minerals extracted and used or transferred by the operator or related entity and the estimated total fair market value of such minerals; and(6) the number of tons of other commercially valuable minerals removed and stockpiled by the operator.", "sourceNote": "Source Note: The provisions of this §12.33 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "312", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.69", "label": "Objectives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102790", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter (relating to Lands Unsuitable for Mining) establishes the procedures and standards to be followed in determining whether a proposed surface coal mining and reclamation operation can be authorized in light of the prohibitions and limitations in §§134.016-134.022 of the Act for those types of operations on certain public and private lands.", "sourceNote": "Source Note: The provisions of this §12.69 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102790", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.71", "label": "Areas Where Surface Coal Mining Operations are Prohibited or Limited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102792", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surface coal mining operations may not be conducted on the following lands unless those lands either qualify for the exception for existing operations under subsection (b) of this section or are subject to valid existing rights, as determined under §12.72(c) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations):(1) Any lands within the boundaries of:(A) the National Park System;(B) the National Wildlife Refuge System;(C) the National System of Trails;(D) the National Wilderness Preservation System;(E) the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1276(a), or study rivers or study river corridors established in any guidelines issued under that Act; or(F) National Recreation Areas designated by Act of Congress.(2) Any federal lands within a national forest, except that this prohibition must not apply if the Secretary finds that there are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations, and:(A) any surface operations and impacts will be incident to an underground coal mine; or(B) with respect to lands that do not have significant forest cover within national forests west of the 100th meridian, the Secretary of Agriculture has determined that surface mining is in compliance with the Act, the Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. 528-531; the Federal Coal Leasing Amendments Act of 1975, 30 U.S.C. 181 et seq.; and the National Forest Management Act of 1976, 16 U.S.C. 1600 et seq.(3) Any lands where the operation would adversely affect any publicly owned park or any place listed in the National Register of Historic Places; however, this prohibition does not apply if, as provided in §12.73(d) of this title (relating to Commission Obligations at Time of Permit Application Review), the Commission and the federal, state or local agency with jurisdiction over the park or place jointly approve the operation.(4) Within 100 feet, measured horizontally, of the outside right-of-way line of any public road, except:(A) where a mine access or haul road joins a public road, or(B) when, as provided in §12.72(a) of this title, the Commission (or the appropriate public road authority designated by the Commission) allows the public road to be relocated or closed, or the area within the buffer zone to be affected by the surface coal mining operation, after:(i) providing public notice and opportunity for a public hearing in accordance with §12.72(a)(3) of this title; and(ii) finding in writing that the interests of the affected public and landowners will be protected.(5) Within 300 feet, measured horizontally, of any occupied dwelling; except when:(A) the owner of the dwelling has provided a written waiver consenting to surface coal mining operations within the protected zone, as provided in §12.72(b) of this title; or(B) the part of the operation to be located closer than 300 feet to the dwelling is an access or haul road that connects with an existing public road on the side of the public road opposite the dwelling.(6) Within 300 feet, measured horizontally, of any public building, school, church, community or institutional building, or public park.(7) Within 100 feet, measured horizontally, of a cemetery; however, this prohibition does not apply if the cemetery is relocated in accordance with all applicable laws and regulations.(b) Exception for existing operations. The prohibitions and limitations of subsection (a) of this section do not apply to surface coal mining operations for which a valid permit, issued under Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation Operations, Permits and Coal Exploration Procedures Systems), exists when the land comes under the protection of subsection (a) of this section; this exception applies only to lands within the permit area as it exists when the land comes under the protection of subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §12.71 adopted to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102792", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.72", "label": "Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102793", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road. (1) This section does not apply to: (A) lands for which a person has valid existing rights, as determined under subsection (c) of this section; (B) lands within the scope of the exception for existing operations in §12.71(b) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited); and (C) access or haul roads that join a public road, as described in §12.71(a)(4)(A) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited). (2) All necessary approvals from the authority with jurisdiction over the road must be obtained for the following: (A) relocation of a public road; (B) closure of a public road; or (C) surface coal mining operations proposed within 100 feet, measured horizontally, of the outside right-of-way line of a public road. (3) Before approving an action proposed under paragraph (2) of this subsection, the Commission or a public road authority that it designates must determine that the interests of the public and affected landowners will be protected. Before making this determination, the Commission or designated authority must: (A) provide a public comment period and opportunity to request a public hearing in the locality of the proposed operation; (B) if a public hearing is requested, publish appropriate advance notice at least two weeks before the hearing in a newspaper of general circulation in the affected locality; and (C) based upon information received from the public, make a written finding as to whether the interests of the public and affected landowners will be protected. If a hearing is held by the Commission or designated authority, the Commission or designated authority must make a written finding within 30 days after the hearing. If no hearing is held, the Commission or designated authority must make a written finding within 30 days after the end of the public comment period. (b) Procedures for waiving the prohibition on surface coal mining operations within the buffer zone of an occupied dwelling. (1) This section does not apply to: (A) lands for which a person has valid existing rights, as determined under subsection (c) of this section; (B) lands within the scope of the exception for existing operations in §12.71(b) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited); and (C) access or haul roads that connect with an existing public road on the side of the public road opposite the dwelling, as provided in §12.71(a)(5)(B) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited). (2) If surface coal mining operations are proposed to be conducted within 300 feet, measured horizontally, of any occupied dwelling, the permit application must include a written waiver by lease, deed, or other conveyance from the owner of the dwelling. The waiver must clarify that the owner and signatory have the legal right to deny mining and knowingly waived that right. The waiver will act as consent to surface coal mining operations within a closer distance of the dwelling as specified. (3) If a valid waiver from the owner of an occupied dwelling to conduct operations within 300 feet of the dwelling was obtained before August 3, 1977, a new waiver does not need to be provided. (4) If a valid waiver is obtained from the owner of an occupied dwelling, that waiver will remain effective against subsequent purchasers who have actual or constructive knowledge of the existing waiver at the time of purchase. A subsequent purchaser will be deemed to have constructive knowledge if the waiver has been properly filed in public property records pursuant to state laws or if surface coal mining operations have entered the 300-foot zone before the date of purchase. (c) Submission and processing of requests for valid existing rights determinations. (1) Basic framework for valid existing rights determinations. The following table identifies the agency responsible for making a valid existing rights determination and the definition that it must use, based upon which part of §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited) applies and whether the request includes federal lands.Attached Graphic(2) Contents of requests for a valid existing rights determination. A request for a valid existing rights determination for any land other than federal land must be submitted to the Commission if the applicant intends to conduct surface coal mining operations on the basis of valid existing rights under §12.71(a) of this title or wishes to confirm the right to do so. This request may be submitted before preparing and submitting an application for a permit or boundary revision for the land. (A) Requirements for property rights demonstration. A property rights demonstration must be provided under the definition of \"valid existing rights\" in §12.3(187)(A) of this title (relating to Definitions) if the request relies upon the good faith/all permits standard or the needed for and adjacent standard in the definition of \"valid existing rights\" in §12.3(187)(B) of this title. This demonstration must include the following items: (i) a legal description of the land to which the request pertains; (ii) complete documentation of the character and extent of the applicant's current interests in the surface and mineral estates of the land to which the request pertains; (iii) a complete chain of title for the surface and mineral estates of the land to which the request pertains; (iv) a description of the nature and effect of each title instrument that forms the basis for the request, including any provision pertaining to the type or method of mining or mining-related surface disturbances and facilities; (v) a description of the type and extent of surface coal mining operations that the applicant claims the right to conduct, including the method of mining, any mining-related surface activities and facilities, and an explanation of how those operations would be consistent with state property law; (vi) complete documentation of the nature and ownership, as of the date that the land came under the protection of §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited) or §134.022 of the Act, of all property rights for the surface and mineral estates of the land to which the request pertains; (vii) names and addresses of the current owners of the surface and mineral estates of the land to which the request pertains; (viii) if the coal interests have been severed from other property interests, documentation that the owners of other property interests in the land to which the request pertains has been notified and provided reasonable opportunity to comment on the validity of the applicant's property rights claims; and (ix) any comments that are received by the applicant in response to the notification provided under clause (viii) of this subparagraph. (B) Requirements for good faith/all permits standard. If the applicant's request relies upon the good faith/all permits standard in the definition of \"valid existing rights\" in §12.3(187)(B)(i) of this title, the information required under that clause must be submitted. The following information about permits, licenses, and authorizations for surface coal mining operations on the land to which the request pertains must also be submitted: (i) approval and issuance dates and identification numbers for any permits, licenses, and authorizations that the applicant or a predecessor in interest obtained before the land came under the protection of §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited) or §134.022 of the Act; (ii) application dates and identification numbers for any permits, licenses, and authorizations for which the applicant or a predecessor in interest submitted an application before the land came under the protection of §12.71(a) of this title or §134.022 of the Act; and (iii) an explanation of any other good faith effort that the applicant or a predecessor in interest made to obtain the necessary permits, licenses, and authorizations as of the date that the land came under the protection of §12.71(a) of this title or §134.022 of the Act. (C) Requirements for needed for and adjacent standard. If the applicant's request relies upon the needed for and adjacent standard in the definition of \"valid existing rights\" in §12.3(187)(B)(i) of this title, the information required under subparagraph (A) of this paragraph must be submitted. In addition, the applicant must explain how and why the land is needed for and immediately adjacent to the operation upon which the request is based, including a demonstration that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of §12.71(a) of this title or §134.022 of the Act.(D) Requirements for standards for mine roads. If the applicant's request relies upon one of the standards for roads in the definition of \"valid existing rights\" in §12.3(187)(c)(i)-(iii) of this title, the applicant must submit satisfactory documentation that:(i) the road existed when the land upon which it is located came under the protection of §12.71(a) of this title or §134.022 of the Act, and that the applicant has a legal right to use the road for surface coal mining operations; (ii) a properly recorded right of way or easement for a road in that location existed when the land came under the protection of §12.71(a) of this title or §134.022 of the Act, and, under the document creating the right of way or easement, and under any subsequent conveyances, the applicant has a legal right to use or construct a road across that right of way or easement to conduct surface coal mining operations; or (iii) a valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of §12.71(a) of this title or §134.022 of the Act. (3) Initial review of request regarding any land other than federal land. (A) The Commission must conduct an initial review to determine whether the applicant's request includes all applicable components of the submission requirements of paragraph (2) of this subsection. This review pertains only to the completeness of the request, not the legal or technical adequacy of the materials submitted. (B) If the applicant's request does not include all applicable components of the submission requirements of paragraph (2) of this subsection, the Commission must notify the applicant and establish a reasonable time for submission of the missing information. (C) When the applicant's request includes all applicable components of the submission requirements of paragraph (2) of this subsection, the Commission must implement the notice and comment requirements of paragraph (4) of this subsection. (D) If the information requested by the Commission under subparagraph (B) of this paragraph is not provided within the time specified or as subsequently extended, the Commission must issue a determination that the applicant has not demonstrated valid existing rights, as provided in paragraph (5)(D) of this subsection. (4) Notice and comment requirements and procedures. (A) When the applicant's request satisfies the completeness requirements of paragraph (3) of this subsection, the Commission must publish a notice in a newspaper of general circulation in the county in which the land is located. This notice must invite comment on the merits of the request. Alternatively, the Commission may require that the applicant publish this notice and provide the Commission with a copy of the published notice. Each notice must include: (i) the location of the land to which the request pertains; (ii) a description of the type of surface coal mining operations planned; (iii) a reference to and brief description of the applicable standard(s) under the definition of \"valid existing rights\" in §12.3(187) of this title; and (I) if the request relies upon the good faith/all permits standard or the needed for and adjacent standard in the definition of \"valid existing rights\" in §12.3(187)(B) of this title, the notice also must include a description of the property rights claimed and the basis for that claim; (II) if the request relies upon the standard in the definition of \"valid existing rights\" in §12.3(187)(C)(i) of this title, the notice also must include a description of the basis for the claim that the road existed when the land came under the protection of §12.71(a) of this title or §134.022 of the Act. In addition, the notice must include a description of the basis for the claim that the applicant has a legal right to use that road for surface coal mining operations; (III) if the request relies upon the standard in the definition of \"valid existing rights\" in §12.3(187)(C)(ii) of this title, the notice must also include a description of the basis for the claim that a properly recorded right of way or easement for a road in that location existed when the land came under the protection of §12.71(a) of this title or §134.022 of the Act. In addition, the notice must include a description of the basis for the claim that, under the document creating the right-of-way or easement, and under any subsequent conveyances, the applicant has a legal right to use or construct a road across the right-of-way or easement to conduct surface coal mining operations; (iv) if the applicant's request relies upon one or more of the standards in the definition of \"valid existing rights\" in §12.3(187)(B), (C)(i), and (C)(ii) of this title, a statement that the Commission will not make a decision on the merits of the request if, by the close of the comment period under this notice or the notice required by subparagraph (C) of this paragraph, a person with a legal interest in the land initiates appropriate legal action to resolve any differences concerning the validity or interpretation of the deed, lease, easement, or other documents that form the basis of the applicant's claim; (v) a description of the procedures that the Commission will follow in processing the request; (vi) the closing date of the comment period, which must be a minimum of 30 days after the publication date of the notice; (vii) a statement that interested persons may obtain a 30-day extension of the comment period upon request; and (viii) the name and address of the Commission office where a copy of the request is available for public inspection and to which comments and requests for extension of the comment period should be sent. (B) The Commission must promptly provide a copy of the notice required under subparagraph (A) of this paragraph to: (i) all reasonably locatable owners of surface and mineral estates in the land included in the request; and (ii) the owner of the feature causing the land to come under the protection of §12.71(a) of this title, and, when applicable, the agency with primary jurisdiction over the feature with respect to the values causing the land to come under the protection of §12.71(a) of this title. For example, both the landowner and the State Historic Preservation Officer must be notified if surface coal mining operations would adversely impact any site listed on the National Register of Historic Places. As another example, both the surface owner and the National Park Service must be notified if the request includes non-federal lands within the authorized boundaries of a unit of the National Park System. (C) The letter transmitting the notice required under subparagraph (B) of this paragraph must provide a 30-day comment period, starting from the date of service of the letter, and specify that another 30 days is available upon request. At its discretion, the Commission may grant additional time for good cause upon request. The Commission need not necessarily consider comments received after the closing date of the comment period. (5) How a decision will be made. (A) Procedure. The Commission must review the materials submitted under paragraph (2) of this subsection, comments received under paragraph (4) of this subsection, and any other relevant, reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request. If not, the Commission must notify the applicant in writing, explaining the inadequacy of the record and requesting submittal, within a specified reasonable time, of any additional information that the agency deems necessary to remedy the inadequacy. (B) Determination. Once the record is complete and adequate, the Commission must determine whether the applicant has demonstrated valid existing rights. The decision document must explain how the applicant has or has not satisfied all applicable elements of the definition of \"valid existing rights\" in §12.3(187) of this title. It must contain findings of fact and conclusions, and it must specify the reasons for the conclusions. (C) Impact of property rights disagreements. This subparagraph applies only when the request relies upon one or more of the standards in the definition of \"valid existing rights\" in §12.3(187)(B), (C)(i) and (C)(ii) of this title. (i) The Commission must issue a determination that the applicant has not demonstrated valid existing rights if those property rights claims are the subject of pending litigation in a court or administrative body with jurisdiction over the property rights in question. The Commission will make this determination without prejudice, meaning that an applicant may refile the request once the property rights dispute is finally adjudicated. This clause applies only to situations in which legal action has been initiated as of the closing date of the comment period under paragraph (4)(A) or (C) of this subsection. (ii) If the record indicates disagreement as to the accuracy of property rights claims, but this disagreement is not the subject of pending litigation in a court or administrative agency of competent jurisdiction, the Commission must evaluate the merits of the information in the record and determine whether the applicant has demonstrated that the requisite property rights exist under the definition of \"valid existing rights\" in §12.3(187)(A), (C)(i) or (C)(ii) of this title, as appropriate. The Commission must then proceed with the decision process under subparagraph (B) of this paragraph. (D) Default determination. The Commission must issue a determination that an applicant has not demonstrated valid existing rights if the information that is requested under paragraph (3)(B) of this subsection or subparagraph (A) of this paragraph has not been submitted within the time specified or as subsequently extended. The Commission will make this determination without prejudice, meaning that the applicant may refile a revised request at any time. (E) Notice after decision. After making a determination, the Commission must: (i) provide a copy of the determination, together with an explanation of appeal rights and procedures, to the applicant, to the owner or owners of the land to which the determination applies, to the owner of the feature causing the land to come under the protection of §12.71(a) of this title, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of §12.71(a) of this title; and (ii) publish notice of the determination in a newspaper of general circulation in the county in which the land is located. Alternatively, the Commission may require that the applicant publish this notice and provide a copy of the published notice to the Commission. (6) Administrative and judicial review. A determination that an applicant has or does not have valid existing rights is subject to administrative and judicial review under §12.222 and §12.223 of this title (relating to Administrative Review and Judicial Review). (7) Availability of records. The Commission must make a copy of that request available to the public in the same manner as it must make permit applications available to the public under §12.210 of this title (relating to Public Availability of Information in Permit Applications On File With the Commission). In addition, the Commission must make records associated with that request, and any subsequent determination under paragraph (5) of this subsection, available to the public in accordance with the requirements and procedures of §12.672 of this title (relating to Availability of Records).", "sourceNote": "Source Note: The provisions of this §12.72 adopted to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102793", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.73", "label": "Commission Obligations at Time of Permit Application Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102794", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Obligation. Upon receipt of an administratively complete application for a permit for a surface coal mining operation, or an administratively complete application for revision of the boundaries of a surface coal mining operation permit, the Commission must review the application to determine whether the proposed surface coal mining operation would be located on any lands protected under §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited).(b) Criteria for Rejection. The Commission must reject any portion of the application that would locate surface coal mining operations on land protected under §12.71(a) of this title unless:(1) the site qualifies for the exception for existing operations under §12.71(b) of this title;(2) a person has valid existing rights for the land, as determined under §12.72(c) of this title (relating to Procedures For Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, And Valid Existing Rights Determinations);(3) the applicant obtains a waiver or exception from the prohibitions of §12.71(a) of this title in accordance with §12.72(a)-(b) of this title; or(4) for lands protected by §12.71(a)(3) of this title, both the Commission and the agency with jurisdiction over the park or place jointly approve the proposed operation in accordance with subsection (d) of this section.(c) Location verification. If the Commission has difficulty determining whether an application includes land within an area specified in §12.71(a)(1) of this title or within the specified distance from a structure or feature listed in §12.71(a)(6) or (a)(7) of this title, the Commission must request that the federal, state, or local governmental agency with jurisdiction over the protected land, structure, or feature verify the location.(1) The request for location verification must:(A) include relevant portions of the permit application;(B) provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request; and(C) specify that the Commission will not necessarily consider a response received after the comment period provided under subparagraph (B) of this paragraph.(2) If the agency does not respond in a timely manner, the Commission may make the necessary determination based on available information.(d) Procedures for joint approval of surface coal mining operations that will adversely affect publicly owned parks or historic places.(1) If the Commission determines that the proposed surface coal mining operation will adversely affect any publicly owned park or any place included in the National Register of Historic Places, the Commission must request that the federal, state, or local agency with jurisdiction over the park or place either approve or object to the proposed operation. The request must:(A) include a copy of applicable parts of the permit application;(B) provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request; and(C) state that failure to interpose an objection within the time specified under subparagraph (B) of this paragraph will constitute approval of the proposed operation.(2) The Commission may not issue a permit for a proposed operation subject to paragraph (1) of this subsection unless all affected agencies jointly approve.(3) Paragraphs (1) and (2) of this subsection do not apply to:(A) lands for which a person has valid existing rights, as determined under §12.72(c) of this title; and(B) lands within the scope of the exception for existing operations in §12.71(b) of this title.", "sourceNote": "Source Note: The provisions of this §12.73 adopted to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102794", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.74", "label": "Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7908", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission must use the criteria in this Subchapter (relating to Lands Unsuitable for Mining) for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations.", "sourceNote": "Source Note: The provisions of this §12.74 adopted to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7908", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.75", "label": "Criteria for Designating Lands as Unsuitable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27381", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon petition, an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Commission determines that reclamation is not technologically and economically feasible under the Act, this chapter (relating to Coal Mining Regulations), or the approved state program.(b) Upon petition, an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will:(1) be incompatible with existing state or local land-use plans or programs;(2) affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or esthetic values or natural systems;(3) affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or(4) affect natural hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.", "sourceNote": "Source Note: The provisions of this §12.75 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27381", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.76", "label": "Land Exempt from Designation as Unsuitable for Surface Coal Mining Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102766", "queryAsDate": "03/11/2026" }, "ruleBody": "The requirements of this subchapter (relating to Lands Unsuitable for Mining) do not apply to:(1) lands on which surface coal mining operations were being conducted on August 3, 1977;(2) lands covered by a permit issued under the Act; or(3) lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977.", "sourceNote": "Source Note: The provisions of this §12.76 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102766", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.77", "label": "Applicability and Restrictions on Exploration on Land Designated as Unsuitable for Surface Coal Mining Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "314", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. Pursuant to appropriate petitions, lands listed in §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited) are subject to designation as unsuitable for all or certain types of Surface coal mining operations under this Division and Division 4 of Subchapter F (relating to Lands Unsuitable for Mining).(b) Exploration Restrictions. Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to §§134.016-134.022 of the Act and regulations of this subchapter (relating to Lands Unsuitable for Mining) does not prohibit coal exploration operations in the area, if conducted in accordance with the Act, this chapter (relating to Coal Mining Regulations), the approved state program and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the Commission under §§12.109-12.115 of this title (relating to General Requirements for Coal Exploration) to ensure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining.", "sourceNote": "Source Note: The provisions of this §12.77 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "314", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.78", "label": "Procedures: General Process Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "315", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission has established a process enabling objective decisions to be made on which, if any, land areas of the state are unsuitable for all or certain types of surface coal mining operations. These decisions shall be based on competent, scientifically sound data and other relevant information.", "sourceNote": "Source Note: The provisions of this §12.78 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "315", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.79", "label": "Procedures: Petitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87140", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Right to Petition. Any person having an interest which is or may be adversely affected has the right to petition the Commission to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. For the purpose of this action, a person having an interest which is or may be adversely affected must demonstrate how he or she meets an \"injury in fact\" test by describing the injury to his or her specific affected interests and demonstrate how he or she is among the injured.(b) Designation. The Commission shall determine what information must be provided by the petitioner to have an area designated as unsuitable for surface coal mining operations.(1) At a minimum, a complete petition for designation shall include:(A) the petitioner's name, address, telephone number, and notarized signature;(B) identification of the petitioned area, including its location and size, and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area;(C) the names and mailing addresses of persons with an ownership interest of record in the petitioned area;(D) an identification of the petitioner's interest which is or may be adversely affected by surface coal mining operations, including a statement demonstrating how the petitioner satisfies the requirements of subsection (a) of this section;(E) a description of how mining of the area has affected or may adversely affect people, land, air, water, or other resources, including the petitioner's interests; and(F) allegations of facts and supporting evidence, covering all lands in the petition area, which would tend to establish that the area is unsuitable for all or certain types of surface coal mining operations, pursuant to specific criteria of §§134.016-134.022 of the Act, assuming that contemporary mining practices required under the state regulatory program would be followed if the area were to be mined. Each of the allegations of fact should be specific as to the mining operation, if known, and the portion(s) of the petitioned area and petitioner's interests to which the allegation applies and be supported by evidence that tends to establish the validity of the allegations for the mining operation or portion of the petitioned area.(2) The Commission may request that the petitioner provide other supplementary information which is readily available.(c) Termination. The Commission shall determine what information must be provided by the petitioner to terminate designations of lands as unsuitable for surface coal mining operations.(1) At a minimum, a complete petition for termination shall include:(A) the petitioner's name, address, telephone number, and notarized signature;(B) identification of the petitioned area, including its location and size as shown on a U.S. Geological Survey topographic map outlining the perimeter of the designated area and the area to which the termination petition applies;(C) the names and mailing addresses of persons with an ownership interest of record in the designated areas to which the termination petition applies;(D) an identification of the petitioner's interest which is or may be adversely affected by the designation that the area is unsuitable for surface coal mining operations, including a statement demonstrating how the petitioner satisfies the requirements of subsection (a) of this section; and(E) allegations of facts covering all lands for which the termination is proposed. Each of the allegations of fact shall be specific as to the mining operation, if any, and to portions of the petitioned area and petitioner's interest to which the allegation applies. The allegations shall be supported by evidence, not contained in the record of the designation proceeding, that tends to establish the validity of the allegations for the mining operation or portion of the petitioned area, assuming that contemporary mining practices required under the state regulatory program would be followed were the area to be mined. For areas previously and unsuccessfully proposed for termination, significant new allegations of facts and supporting evidence must be presented in the petition. Allegations and supporting evidence should also be specific to establish that the designation should be terminated on the following bases:(i) nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in §12.75(b) of this title (relating to Criteria for Designating Lands as Unsuitable);(ii) reclamation now being technologically and economically feasible, if the designation was based on the criteria in §12.75(a) of this title (relating to Criteria for Designating Lands as Unsuitable); or(iii) resources or conditions not being affected by surface coal mining operations, or in the case of land use plans, not being incompatible with surface coal mining operations during and after mining, if the designation was based on the criteria found in §12.75(b) of this title (relating to Criteria for Designating Lands as Unsuitable).(2) The Commission may request that the petitioner provide other supplementary information which is readily available.", "sourceNote": "Source Note: The provisions of this §12.79 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87140", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.80", "label": "Procedures: Initial Processing, Record Keeping, and Notification Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7919", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial processing procedures. (1) Within 30 days of receipt of a petition, the Commission shall notify the petitioner by certified mail whether or not the petition is complete under §§12.79(b) or (c) of this title (relating to Procedures: Petitions). Complete, for a designation or termination petition, means that the information required under §§12.79(b) or (c) of this title (relating to Procedures: Petitions) has been provided. (2) The Commission shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the Commission finds there are not any identified coal resources in that area, it shall return the petition to the petitioner with a statement of the findings. (3) If the Commission determines that the petition is incomplete, frivolous, or that the petitioner does not meet the requirement of §12.79(a) of this title (relating to Procedures: Petitions), it shall return the petition to the petitioner with a written statement of the reasons for the determination and the categories of information needed to make the petition complete. A frivolous petition is one in which the allegations of harm lack serious merit or available information shows that either no mineable coal resources exist in the petitioned area or the petitioned area is not or could not be subject to related surface coal mining operations and surface impacts incident to an underground coal mine or an adjoining surface mine. (4) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the Commission shall determine if the new petition presents significant new allegations of facts with evidence which tends to establish the allegations. If the petition does not contain such materials, the Commission may choose not to consider the petition and may return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered. (5) The Commission shall notify the person who submits a petition of any application for a permit received which includes any area covered by the petition. (6) The Commission may determine not to process any petition received in so far as it pertains to lands for which an administratively complete permit application has been filed and the first newspaper notice has been published. Based on such a determination, the Commission may issue a decision on a complete and accurate permit application and shall inform the petitioner why the Commission cannot consider the part of the petition pertaining to the proposed permit area. (b) Public notice and hearing procedures. (1) Promptly after a petition is received, the Commission shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition. The notice shall be published in the county newspaper of the largest circulation in the county, for each county of the petitioned area and in the Texas Register. The Commission shall make copies of the petition available to the public and shall provide copies of the petition to other interested governmental agencies, intervenors, persons with an ownership interest of record in the property, and other persons known to the Commission to have an interest in the property. Proper notice to persons with an ownership interest of record in the property shall comply with the requirements of applicable State law. (2) Promptly after the determination that a petition is complete, the Commission shall request submissions from the general public of relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition, in the county newspaper of the largest circulation in the county, for each county of the petitioned area, and in the Texas Register. (c) Right of intervention. Until three days before the Commission holds a hearing under §12.81 of this title (relating to Procedures: Hearing Requirements), any person may intervene in the proceeding by filing allegations of facts describing how the designation determination directly affects the intervenor, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address and telephone number. (d) Record-keeping procedures. Beginning from the date a petition is filed, the Commission shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Commission. The Commission shall make the record available to the public for inspection free of charge and for copying at reasonable cost during all normal hours at the main office of the Commission. The Commission shall also maintain information at or near the area in which the petitioned land is located and make this information available to the public for inspection free of charge and for copying at reasonable cost during all normal business hours. At a minimum, this information shall include a copy of the petition.", "sourceNote": "Source Note: The provisions of this §12.80 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 12, 2001, 26 TexReg 4090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7919", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.81", "label": "Procedures: Hearing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7921", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within 10 months after receipt of a complete petition, the Commission shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The Commission may subpoena witnesses as necessary. The hearing may be conducted with cross-examination of expert witnesses only. A record of the hearing shall be made and preserved according to state law. No person shall bear the burden of proof or persuasion. All relevant parts of the data base and inventory system and all public comments received during the public comment period shall be included in the record and considered by the Commission in its decision on the petition.(b) The following notice requirements shall apply:(1) the Commission shall give notice of the date, time, and location of the hearing to:(A) local, state and federal agencies which may have an interest in the decision on the petition;(B) the petitioner and intervenors; and(C) any person known by the Commission to have a property interest in the petitioned area. Proper notice to persons with an ownership interest of record shall be accomplished by placing a postage paid notice, addressed as shown in the public record, in the U.S. mail; and(2) notice of the hearing shall be sent by certified mail to petitioners and intervenors, and by regular mail to government agencies and property owners involved in the proceeding, and postmarked not less than 30 days before the scheduled date of the hearing.(c) The Commission shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for 2 consecutive weeks in the locale of the area covered by the petition and once during the week prior to the scheduled date of the public hearing. The consecutive weekly advertisement must begin between 4 and 5 weeks before the scheduled date of the public hearing.(d) The Commission may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.(e) Prior to designating any land areas as unsuitable for surface mining operations, the Commission shall prepare a detailed statement using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.(f) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.", "sourceNote": "Source Note: The provisions of this §12.81 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7921", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.82", "label": "Procedures: Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7881", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In reaching its decision, the Commission shall use:(1) the information contained in the data base and inventory system;(2) information provided by other governmental agencies;(3) the detailed statement when it is prepared under §12.81(e) of this title (relating to Procedures: Hearing Requirements); and(4) any other relevant information submitted during the comment period.(b) A final written decision shall be issued by the Commission, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then a final written decision shall be issued within 12 months after receipt of the complete petition. The Commission shall simultaneously send the decision by certified mail to the petitioner and intervenors and by regular mail to all other persons with an ownership interest of record and persons known to the Commission to have an interest in the property as evidenced by the hearing registration forms.(c) The decision of the Commission with respect to a petition, or the failure of the Commission to act within the time limits set forth in this section, shall be subject to judicial review by a court of competent jurisdiction. All relevant portions of the data base, inventory system, and public comments received during the public comment period set by the Commission shall be considered and included in the record of the administrative proceeding.", "sourceNote": "Source Note: The provisions of this §12.82 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7881", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.83", "label": "Data Base and Inventory System Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7920", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission has developed a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions.(b) The Commission shall include in the system information relevant to the criteria in §12.75 of this title (relating to Criteria for Designating Lands as Unsuitable), including, but not limited to, information received from the United States Fish and Wildlife Service, the State Historic Preservation Officer, and the agency administering §127 of the Clean Air Act, as amended (42 U.S.C. 7470 et seq.).(c) The Commission shall add to the data base and inventory system information:(1) on potential coal resources of the state, demand for those resources, the environment, the economy and the supply of coal, sufficient to enable the Commission to prepare the statements required by §12.81(e) of this title (relating to Procedures: Hearing Requirements); and(2) that becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources.", "sourceNote": "Source Note: The provisions of this §12.83 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7920", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.84", "label": "Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "316", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall:(1) make the information in the data base and inventory system developed under §12.83 of this title (relating to Data Base and Inventory System Requirements) available to the public for inspection free of charge and for copying at reasonable cost, except that specific information relating to location of properties proposed to be nominated to, or listed in, the National Register of Historic Places need not be disclosed if the Commission determines that the disclosure of such information could create a risk of destruction or harm to such properties; and(2) provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data base system can be used.", "sourceNote": "Source Note: The provisions of this §12.84 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "316", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "F", "label": "LANDS UNSUITABLE FOR MINING" }, "rule": { "number": "§12.85", "label": "Responsibility for Implementation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202406", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall not issue permits which are inconsistent with designations made pursuant to this Program.(b) The Commission shall maintain a map or other unified and cumulative record of areas designated as unsuitable for all or certain types of surface coal mining operations.(c) Information regarding designations shall be subject to the Texas Open Records Act (Texas Government Code, Chapter 552), excepting proprietary information on the chemical and physical properties of the coal.", "sourceNote": "Source Note: The provisions of this §12.85 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202406", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.100", "label": "Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26994", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons seeking to engage in surface coal mining and reclamation operations must submit an application for and obtain a permit for those operations in accordance with this subchapter (relating to Surface Coal Mining and Reclamation Operations, Permits, and Coal Exploration Procedures Systems). Persons seeking to conduct coal exploration must first file the notice of intention or obtain approval of the Commission as required under §§12.109 - 12.115 of this title (relating to General Requirements for Coal Exploration). A permit and the obligations established therein (to include payment of annual fees associated with the permit as required in §12.108 of this title, relating to Permit Fees) shall continue until all surface coal mining and reclamation operations are completed, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.(b) A permittee will not be required to submit an application to renew a permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be completed. The permittee will provide written notification to the Director the Surface Mining and Reclamation Division of permanent cessation of mining operations as required under §12.398 and §12.567 of this title, both relating to Cessation of Operations: Permanent.(c) The Commission shall review each application for exploration approval and for a permit, approve or disapprove each permit application or exploration application, and issue, condition, suspend, or revoke exploration approval, permits, renewals, or revised permits under an approved regulatory program.(d) The applicant for a permit or revision of a permit shall have the burden of establishing that the application is in compliance with all of the requirements of the Commission.", "sourceNote": "Source Note: The provisions of this §12.100 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective October 22, 2012, 37 TexReg 8293; amended to be effective February 24, 2014, 39 TexReg 1121; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26994", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.102", "label": "Coordination with Requirements under Other Laws" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "317", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall, to avoid duplication, provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with:(1) any other federal or state permit process applicable to those operations including, at a minimum, permits required under the:(A) Clean Water Act, as amended (33 U.S.C. 1251 et seq.); and(B) Clean Air Act, as amended (42 U.S.C. 7401 et seq.);(2) the requirements of any water-quality management plans which have been approved by the administrator of the United States Environmental Protection Agency under Sections 208 or 303(c) and 303(e) of the Clean Water Act, as amended, (33 U.S.C. 1288, 1313(c) and 1313(e)); and(3) the applicable requirements of the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.); the Fish and Wildlife Coordination Act, as amended, (16 U.S.C. 661 et seq.); the Migratory Bird Treaty Act of 1918, as amended, (16 U.S.C. 703 et seq.); the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq.); and the Bald Eagle Protection Act, as amended, (16 U.S.C. 668a).", "sourceNote": "Source Note: The provisions of this §12.102 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "317", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.103", "label": "General Requirements for Permits: Operators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7917", "queryAsDate": "03/11/2026" }, "ruleBody": "Except as provided for in §12.104 of this title (relating to Continued Operation Under Interim Permits) on and after 8 months from the date of state program approval, no person shall engage in or carry out surface coal mining and reclamation operations on non-federal or non-Indian lands within the state, unless that person has first obtained a valid permit issued by the Commission.", "sourceNote": "Source Note: The provisions of this §12.103 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7917", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.104", "label": "Continued Operation under Interim Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7909", "queryAsDate": "03/11/2026" }, "ruleBody": "A person conducting surface coal mining operations, under a permit issued or amended by the Commission in accordance with its requirements and those of Section 502 of the Federal Act, may conduct these operations beyond the period prescribed in §12.103 of this title (relating to General Requirements for Permits--Operators), if:(1) timely and complete application for a permit has been made to the Commission in accordance with the provisions of the Act and this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems);(2) the Commission has not yet rendered an initial decision with respect to such application; and(3) the operations are conducted in compliance with all terms and conditions of the interim permit, the requirements of the Act and this chapter (relating to Coal Mining Regulations).", "sourceNote": "Source Note: The provisions of this §12.104 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7909", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.105", "label": "Compliance with Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202407", "queryAsDate": "03/11/2026" }, "ruleBody": "All persons shall conduct surface coal mining and reclamation operations under permits issued pursuant to this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems) and shall comply with the terms and conditions of the permit and the requirements of the Act and this chapter (relating to Coal Mining Regulations).", "sourceNote": "Source Note: The provisions of this §12.105 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202407", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.106", "label": "Permit Application Filing Deadlines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27383", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial implementation.(1) Not later than 2 months following approval of the state program by the Secretary, regardless of litigation contesting that approval, each person who conducts or expects to conduct surface coal mining and reclamation operations after the expiration of 8 months from that approval shall file an application for a permit for those operations.(2) Applications for those operations which are not filed within the time required by paragraph (1) of this subsection shall be deemed applications filed under subsection (b)(1) of this section.(b) Filing deadlines after initial implementation.(1) General. Each person who conducts or expects to conduct new surface coal mining and reclamation operations shall file a complete application for a permit for those operations at least 8 months prior to the projected commencement of operations where no special problems are anticipated.(2) Renewal of valid permits. An application for renewal of a permit shall be filed with the Commission at least 120 days before the expiration of the permit involved.(3) Revisions of permits. Any application for revision of a permit shall be filed with the Commission at least 180 days before the date on which the permittee expects to revise surface coal mining or reclamation operations.(4) Succession to rights granted under prior permits. Any application for a new permit required for a person succeeding by transfer, sale, or assignment of rights granted under a permit shall be filed with the Commission not later than 30 days after that succession is approved by the Commission.", "sourceNote": "Source Note: The provisions of this §12.106 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27383", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.107", "label": "Permit Applications: General Requirements for Format and Contents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225999", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications for permits to conduct surface coal mining and reclamation operations shall be filed in the format required by the Commission. The application shall be complete and include, at a minimum: for surface mining activities, all the applicable information required under §§12.116-12.123, 12.124-12.138, and 12.139-12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan); for underground mining activities, all the information required under §§12.155-12.163, 12.170-12.184, and 12.185-12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Underground Mining Permit Applications Applications--Minimum Requirements for Information on Environmental Resources, and Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan); and, for special types of surface coal mining and reclamation operations, all the information required under §§12.200-12.205 of this title (relating to Requirements for Permits for Special Categories of Mining).(b) Information set forth in the application shall be current, presented clearly and concisely, and supported by appropriate references to technical and other written material available to the Commission.(c) All technical data submitted in the application shall be accompanied by:(1) names of persons or organizations which collected and analyzed such data;(2) dates of the collection and analyses; and(3) descriptions of methodology used to collect and analyze the data.(d) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed.(e) The application shall contain the name, address and position of officials of each private or academic research organization or governmental agency consulted by the applicant in preparation of the application for information on land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality, and archeological, cultural, and historic features.(f) Maps and plans shall meet the following general requirements:(1) maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the U.S. Geological Survey of the 1:24,000 scale series. Maps of the permit area shall be at a scale of 1:6,000 or larger. Maps of the adjacent area shall clearly show the lands and waters within those areas and be in a scale of 1:24,000 or larger; and(2) all maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the mine plan area. At a minimum, distinctions shall be clearly shown among those portions of the mine plan area in which surface coal mining operations occurred:(A) prior to August 3, 1977;(B) after August 3, 1977, and prior to either:(i) May 3, 1978; or(ii) in the case of an applicant or operator which obtained a small operator's exemption under 30 CFR 710.12, January 1, 1979;(C) after May 3, 1978 (or January 1, 1979, for persons who received a small operator's exemption) and prior to state program approval; and(D) After the estimated date of issuance of a permit by the Commission.(g) Applications for permits shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.", "sourceNote": "Source Note: The provisions of this §12.107 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225999", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.108", "label": "Permit Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "318", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application Fees. Each application for a surface coal mining and reclamation permit or renewal or revision of a permit shall be accompanied by a fee. The initial application fee and the application fee for renewal of a permit may be paid in equal annual installments during the term of the permit. The fee schedule is as follows:(1) application for a permit: $5,000.(2) application for revision of a permit: $500.(3) application for renewal of a permit: $3,000.(b) Annual Fees. In addition to application fees required by this section, each permittee shall pay to the Commission the following annual fees due and payable not later than March 15th of the year following the calendar year for which these fees are applicable:(1) a fee of $12.85 for each acre of land within a permit area covered by a reclamation bond that has met the requirements of §12.313(a)(1) of this chapter (relating to Criteria and Schedule for Release of Performance Bond) on December 31st of the year, based on the number of bonded acres of land identified by the applicant as meeting the requirements of §12.313(a)(1) of this chapter on the map included in the permit as required by §12.142(2)(C) of this chapter (relating to Operation Plan: Maps and Plans) and approved by the Commission; (2) a fee of $29.80 for each acre of land within a permit area covered by a reclamation bond that has not met the requirements of §12.313(a)(1) of this chapter on December 31st of the year, based on the number of acres of land identified by the applicant as not meeting the requirements of §12.313(a)(1) on the map included in the permit as required by §12.142(2)(C) of this chapter and approved by the Commission; and(3) a fee of $6,170 for each permit in effect on December 31st of the year.(c) Fees paid to the Commission under this section shall be deposited in the state treasury and credited to the general revenue fund.", "sourceNote": "Source Note: The provisions of this §12.108 adopted to be\r\neffective April 7, 1997, 22 TexReg 3093; amended to be effective July\r\n28, 2003, 28 TexReg 5870; amended to be effective September 1, 2004,\r\n29 TexReg 8280; amended to be effective January 1, 2006, 30 TexReg\r\n8430; amended to be effective November 12, 2007, 32 TexReg 8123; amended\r\nto be effective December 28, 2009, 34 TexReg 9408; amended to be effective\r\nJanuary 30, 2012, 37 TexReg 317; amended to be effective December\r\n16, 2013, 38 TexReg 9011; amended to be effective November 23, 2015,\r\n40TexReg 8201; amended to be effective December 25, 2017, 42 TexReg\r\n7385; amended to be effective January 6, 2020, 45 TexReg 146; amended\r\nto be effective December 28, 2020, 45 TexReg 9503; amended to be effective\r\nSeptember 8, 2025, 50 TexReg 5935." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "318", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.109", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7926", "queryAsDate": "03/11/2026" }, "ruleBody": "This section and §§12.110-12.115 of this title (relating to General Requirements for Coal Exploration) establish the minimum requirements for the Secretary's approval of regulatory program coal exploration procedures, and apply to the Commission and to any person who conducts or seeks to conduct coal exploration outside of the permit area.", "sourceNote": "Source Note: The provisions of this §12.109 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7926", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.110", "label": "General Requirements: Exploration of Less Than 250 Tons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102768", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person who intends to conduct coal exploration during which less than 250 tons of coal will be removed in the area to be explored shall, prior to conducting the exploration, file with the Commission a written notice of intention to explore.(b) The notice shall include:(1) the name, address, and telephone number of the person seeking to explore;(2) the name, address, and telephone number of the representative who will be present at and responsible for conducting the exploration activities;(3) a precise description and map, at a scale of 1:24,000 or larger, of the exploration area;(4) a statement of the period of intended exploration;(5) if the surface is owned by a person other than the person who intends to explore, a description of the basis upon which the person who will explore claims the right to enter such area for the purpose of conducting exploration and reclamation; and(6) a description of the practices proposed to be followed to protect the environment from adverse impacts as a result of the exploration activities.(c) Any person who conducts coal exploration activities pursuant to this section which substantially disturb the natural land surface shall comply with §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration).(d) The Commission shall, except as otherwise provided in §12.115 of this title (relating to Public Availability of Information), place such notices on public file and make them available for public inspection and copying.", "sourceNote": "Source Note: The provisions of this §12.110 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102768", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.111", "label": "General Requirements: Exploration That Will Remove More Than 250 Tons of Coal or That Will Occur on Land Designated as Unsuitable for Surface Coal Mining Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102769", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person who intends to conduct coal exploration outside a permit area during which more than 250 tons of coal will be removed or which will take place on lands designated as unsuitable for surface mining under Subchapter F of this chapter (relating to Lands Unsuitable for Mining) shall, prior to conducting the exploration, submit an application and obtain the written approval of the Commission, in accordance with the following:(1) Contents of application for approval. Each application for approval shall contain, at a minimum, the following information:(A) the name, address, and telephone number of the applicant;(B) the name, address, and telephone number of the representative of the applicant who will be present at and be responsible for conducting the exploration;(C) an exploration and reclamation operations plan, including:(i) a narrative description of the proposed exploration area, cross-referenced to the map required under subparagraph (E) of this paragraph, including surface topography; geological, surface water, and other physical features; vegetative cover, the distribution and important habitats of fish, wildlife, and plants, including, but not limited to, any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); cultural or historic resources listed on or eligible for listing on the National Register of Historic Places; known archeological resources located within the proposed exploration area; and any other information which the Commission may require regarding known or unknown historic or archeological resources;(ii) a narrative description of the methods to be used to conduct coal exploration and reclamation, including, but not limited to, the types and uses of equipment, drilling, blasting, road or other access route construction, and excavated earth and other debris disposal activities;(iii) an estimated timetable for conducting and completing each phase of the exploration and reclamation;(iv) the estimated amounts of coal to be removed and a description of the methods to be used to determine those amounts; and(v) a description of the measures to be used to comply with the applicable requirements of §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration);(D) the name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored;(E) a map at a scale of 1:24,000 or larger, showing the areas of land to be substantially disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, and pipelines; proposed location of trenches, roads, and other access routes and structures to be constructed; the location of land excavations to be conducted, water or coal exploratory holes and wells to be drilled or altered, earth or debris disposal areas; existing bodies of surface water; historic, topographic, cultural and drainage features; the habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);(F) if the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation;(G) a statement of why extraction of more than 250 tons of coal is necessary for exploration; and(H) for any lands listed in §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited), a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for Surface coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of §12.71(a) of this title, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of §12.71(a) of this title.(2) Public notice and opportunity to comment. Public notice of the application and opportunity to comment shall be provided as follows:(A) at the same time a complete application is filed with the Commission, public notice of the filing of the application with the Commission shall be published in a newspaper of general circulation in the county or counties of the proposed exploration area;(B) the public notice shall state the name and business address of the person seeking approval, the date of filing of the application, the address of the Commission at which written comments on the application may be submitted, the closing date of the comment period, and a description of the general area of exploration; and(C) any person with an interest which is or may be adversely affected shall have the right to file written comments on the application within 30 days of the posting of the above notice.", "sourceNote": "Source Note: The provisions of this §12.111 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102769", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.112", "label": "Applications: Approval or Disapproval of Exploration of More Than 250 Tons of Coal or That Will Occur on Land Designated as Unsuitable for Surface Coal Mining Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102770", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall act upon a completed application for approval within 45 days of the date of submission.(b) The Commission shall approve a complete application filed in accordance with §§12.109-12.111, this section, and §§12.113-12.115 of this title (relating to General Requirements for Coal Exploration), if it finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application:(1) will be conducted in accordance with the Act, §§12.109-12.111, this section, and §§12.113-12.115 of this title (relating to General Requirements for Coal Exploration) and §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration);(2) will not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or adverse modification of critical habitat of those species;(3) will not adversely affect any cultural resources or districts, sites, buildings, structures, or objects listed or eligible for listing on the National Register of Historic Places, unless the proposed exploration has been approved by both the Commission and the agency with jurisdiction over such matters; and(4) with respect to exploration activities on any lands protected under §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited Or Limited), minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the Commission must provide reasonable opportunity to the owner of the feature causing the land to come under the protection of §12.71(a) of this title, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of §12.71(a) of this title, to comment on whether the finding is appropriate.(c) Each approval issued by the Commission shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with the Act, §§12.109-12.111, this section, §§12.113-12.115 of this title (relating to General Requirements for Coal Exploration), and §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration).", "sourceNote": "Source Note: The provisions of this §12.112 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102770", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.113", "label": "Applications: Notice and Hearing for Exploration of More Than 250 Tons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26995", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall notify the applicant and the appropriate local government officials, and other commenters on the application, in writing, of its decision to approve or disapprove the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. The Commission shall provide public notice of approval or disapproval of each application by publication in a newspaper of general circulation in the general vicinity of the proposed operations.(b) Any persons with interests which are or may be adversely affected by a decision of the Commission pursuant to subsection (a) of this section, shall have the opportunity for administrative and judicial review as set forth in §§12.222 and 12.223 of this title (relating to Administrative and Judicial Review of Decisions by Commission on Permit Applications).", "sourceNote": "Source Note: The provisions of this §12.113 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26995", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.114", "label": "Coal Exploration Compliance Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7929", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All coal exploration and reclamation which substantially disturbs the natural land surface or which removes more than 250 tons of coal shall be conducted in accordance with the coal exploration requirements of the Act, §§12.109-12.113, this section, and §12.115 of this title (relating to General Requirements for Coal Exploration) and §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration), and any conditions on approval for exploration and reclamation imposed by the Commission.(b) Any person who conducts any coal exploration in violation of §134.014 of the Act, the provisions of §§12.109-12.113, this section, and §12.115 of this title (relating to General Requirements for Coal Exploration) or §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration), shall be subject to the provisions of §§134.174-134.181 of the Act, and Subchapter L of this chapter (relating to Permanent Program Inspection and Enforcement Procedures).", "sourceNote": "Source Note: The provisions of this §12.114 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7929", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.115", "label": "Public Availability of Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165978", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsection (b) of this section, all information submitted to the Commission under this section and §§12.109-12.114 of this title (relating to General Requirements for Coal Exploration) shall be made available for public inspection and copying at the local offices of the Commission closest to the exploration area.(b) Confidentiality shall be governed as follows:(1) the Commission shall not make information available for public inspection if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the Commission determines that the information is confidential.(2) the Commission shall determine that information is confidential only if it concerns trade secrets or is privileged commercial or financial information which relates to the competitive rights of the person intending to conduct coal exploration.(3) information requested to be held as confidential under this section shall not be made publicly available until after notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information.", "sourceNote": "Source Note: The provisions of this §12.115 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165978", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.116", "label": "Identification of Interests and Compliance Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7930", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certification and update of existing permit application information.(1) If an applicant has previously applied for a permit and the required information is already in AVS, then the applicant may update the information in its application as follows:(A) If all or part of the information already in AVS is accurate and complete, the applicant may certify to the Commission by swearing or affirming, under oath and in writing, that the relevant information in AVS is accurate, complete, and up to date.(B) If part of the information in AVS is missing or incorrect, the applicant must submit to the Commission the necessary information or corrections, and swear or affirm, under oath and in writing, that the information submitted is accurate and complete.(C) If the applicant can neither certify that the data in AVS is accurate and complete, nor make the needed corrections, the applicant must provide the information required under this section.(2) After approval of an application but before issuance of a permit, the applicant must update, correct, or indicate that no change has occurred in the information previously submitted under this section.(b) Permit applicant and operator information. Each permit application shall contain:(1) a statement indicating whether the applicant or its operator are corporations, partnerships, associations, sole proprietorships, or other business entities;(2) taxpayer identification numbers for the applicant and its operator;(3) the name, address, and telephone number for:(A) the applicant;(B) the applicant's resident agent who will accept service of process;(C) any operator, if different from the applicant; and(D) each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator; for every such business entity, the applicant must also provide the required information for every president, chief executive officer, and director (or persons in similar positions), and every person who owns, of record, 10 percent or more of the entity;(4) for the applicant and its operator, and for each officer, partner, member, director, person performing a function similar to a director, and person who owns, of record, 10 percent or more of the applicant or operator, the following information:(A) the person's name, address, and telephone number;(B) the person's position title and relationship to the applicant, including percentage of ownership and location in the organizational structure; and(C) the date the person began serving in that position.(c) Permit history information. The permit applicant must provide a list of all names under which it, its operator, partners or principal shareholders, and the operator's partners or principal shareholders operates or previously operated a surface coal mining operation in the United States within the five-year period preceding the date of submission of the application.(1) For the applicant and operator, the applicant must provide a list of any pending permit applications for surface coal mining operations filed in the United States. The list must identify each application by its application number and jurisdiction, or by other identifying information when necessary.(2) For any surface coal mining operations that the applicant or operator owned or controlled within the five-year period preceding the date of submission of the application, and for any surface coal mining operation the applicant or operator owns or controls on that date, the application must include the:(A) permittee's and operator's name and address;(B) permittee's and operator's taxpayer identification numbers;(C) Federal or State permit number and corresponding MSHA number;(D) regulatory authority with jurisdiction over the permit; and(E) permittee's and operator's relationship to the operation, including percentage of ownership and location in the organizational structure.(d) Property interest information. For the property to be mined, the applicant must provide in the permit application the following information:(1) the name and address of each:(A) legal or equitable owner of record of the surface and mineral estate;(B) holder of record of any leasehold interest; and(C) purchaser of record under a real estate contract;(2) the name and address of each owner of record, as reflected in the tax records of the county where the land is located, of all property (surface and subsurface) contiguous to any part of the proposed permit area;(3) a statement of all interests, options, or pending bids held by the applicant or that the applicant has made for lands contiguous to the proposed permit area; however, if requested by the applicant in writing, the Commission will hold as confidential, under §12.210 of this title (relating to Public Availability of Information in Permit Applications on File with the Commission), any information required to be submitted under this paragraph that is not on public file under State law; and(4) the Mine Safety and Health Administration (MSHA) numbers for all structures that require MSHA approval.(e) Violation information.(1) The applicant must state in the permit application whether it, an operator, or any subsidiary, affiliate, or entity which it or an operator owns or controls or which is under common control with it or an operator, has:(A) had a Federal or State permit for surface coal mining operations suspended or revoked during the five-year period preceding the date of submission of the application; or(B) forfeited a performance bond or similar security deposited in lieu of bond in connection with surface coal mining and reclamation operations during the five-year period preceding the date of submission of the application.(2) For each suspension, revocation, or forfeiture identified under paragraph (1) of this subsection, the applicant must provide a brief explanation of the facts involved, including the:(A) permit number;(B) date of suspension, revocation, or forfeiture, and, when applicable, the date and amount of bond or similar security forfeited;(C) regulatory authority that suspended or revoked the permit or forfeited the bond and the stated reasons for the action;(D) current status of the permit, bond, or similar security involved; and(E) date, location, type, and current status of any administrative or judicial proceedings concerning the suspension, revocation, or forfeiture.(3) The applicant must provide a list of all violation notices that it or the operator received for any surface coal mining and reclamation operation during the three-year period preceding the date of submission of the application, and a list of all unabated or uncorrected violation notices incurred in connection with any surface coal mining and reclamation operation that it or its operator owns or controls on the date or application. For each violation notice reported, the applicant must include the following information, when applicable:(A) the permit number and associated MSHA number;(B) the issue date, identification number, and current status of the violation notice;(C) the name of the person to whom the violation notice was issued;(D) the name of the regulatory authority or agency that issued the violation notice;(E) a brief description of the violation alleged in the notice;(F) the date, location, type, and current status of any administrative or judicial proceedings concerning the violation notice;(G) if the abatement period for a violation in a notice of violation issued under §12.678 of this title (relating to Notices of Violation) has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and(H) for all violations not covered by subparagraph (G) of this paragraph, the actions taken to abate or correct the violation.(f) Commission actions. The Commission need not make a finding as provided for under §12.234(c) of this title (relating to Challenge of Ownership or Control, Information on Ownership and Control, and Violations, and Applicant/Violator System Procedures) before entering into AVS the information required to be disclosed under this section; however, the listing in AVS of a person identified in subsection (b) of this section does not create a presumption or constitute a determination that such person owns or controls a surface coal mining operation.", "sourceNote": "Source Note: The provisions of this §12.116 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7930", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.117", "label": "Right of Entry and Operation Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102767", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin surface mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.(b) Where the private mineral estate to be mined has been severed from the private surface estate, the application shall also provide, for lands within the permit area:(1) a copy of the written consent of the surface owner to the extraction of coal by surface mining methods; or(2) a copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or(3) if the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under the applicable state law, the applicant has the legal authority to extract the coal by those methods.(c) Nothing in this section shall be construed to afford the Commission the authority to adjudicate property title disputes.", "sourceNote": "Source Note: The provisions of this §12.117 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102767", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.118", "label": "Relationship to Areas Designated Unsuitable for Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27372", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain available information on whether the proposed permit area is within an area designated unsuitable for surface coal mining and reclamation or is within an area under study for designation in an administrative proceeding under §§12.74-12.77 of this title (relating to Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations) and §§12.78-12.85 of this title (relating to Process for Designating Areas as Unsuitable for Surface Coal Mining Operations).(b) If an applicant claims the exemption in paragraph (4)(B) of §12.216 of this title (relating to Criteria for Permit Approval or Denial), the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed surface mining activities.(c) If an applicant proposes to conduct surface mining activities within 100 feet of a public road or within 300 feet of an occupied dwelling, the application must meet the requirements of §12.72(a) or (b) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations).", "sourceNote": "Source Note: The provisions of this §12.118 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27372", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.119", "label": "Permit Term Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "320", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain the anticipated or actual starting and termination date of each phase of the surface mining activities and the anticipated number of acres of land to be affected for each phase of mining and over the total life of the permit.(b) If the applicant proposes to conduct the surface mining activities in excess of 5 years, the application shall contain the information needed for the showing required under §12.219(a) of this title (relating to Permit Terms).", "sourceNote": "Source Note: The provisions of this §12.119 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "320", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.120", "label": "Personal Injury and Property Damage Insurance Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202409", "queryAsDate": "03/11/2026" }, "ruleBody": "Each permit application shall contain either a certificate of liability insurance or evidence that the self-insurance requirements in §12.311 of this title (relating to Terms and Conditions for Liability Insurance) are satisfied.", "sourceNote": "Source Note: The provisions of this §12.120 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202409", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.121", "label": "Identification of Other Licenses and Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "321", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain a list of all other licenses and permits needed by the applicant to conduct the proposed surface mining activities. This list shall identify each license and permit by:(1) type of permit or license;(2) name and address of issuing authority;(3) identification numbers of applications for those permits or licenses or, if issued, the identification numbers of the permits or licenses; and(4) if a decision has been made, the date of approval or disapproval by each issuing authority and permit expiration date.", "sourceNote": "Source Note: The provisions of this §12.121 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "321", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.122", "label": "Identification of Location of Public Office for Filing of Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7925", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the complete application for public inspection.", "sourceNote": "Source Note: The provisions of this §12.122 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7925", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.123", "label": "Newspaper Advertisement and Proof of Publication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "322", "queryAsDate": "03/11/2026" }, "ruleBody": "A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed with the Commission and made a part of the complete application, not later than 4 weeks after the last date of publication required under §12.207(a) of this title (relating to Public Notices of Filing of Permit Applications).", "sourceNote": "Source Note: The provisions of this §12.123 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "322", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.124", "label": "General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7931", "queryAsDate": "03/11/2026" }, "ruleBody": "Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and adjacent areas that may be affected or impacted by the proposed surface mining activities.", "sourceNote": "Source Note: The provisions of this §12.124 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7931", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.125", "label": "General Environmental Resources Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202410", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall describe and identify:(1) the size, sequence, and timing of the subareas of the permit and adjacent areas for which it is anticipated that individual permits for mining will be requested over the estimated total life of the proposed surface mining activities; and(2) the nature of cultural, historic and archeological resources listed on or eligible for listing on the National Register of Historic Places and known archeological sites within the proposed permit and adjacent areas.(A) The description shall be based on all available information, including, but not limited to, information from the State Historic Preservation Officer and from local archeological, historical, and cultural preservation agencies.(B) The Commission may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the National Register of Historic Places, through:(i) collection of additional information;(ii) conduct of field investigation; or(iii) other appropriate analyses.", "sourceNote": "Source Note: The provisions of this §12.125 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202410", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.126", "label": "Description of Hydrology and Geology: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7935", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain a description of the geology, hydrology, and water quality and quantity of all lands within the proposed permit area, the adjacent areas, and the general area. The description shall include information on the characteristics of all surface and ground waters within the general area, and any water which will flow into or receive discharges of water from the general area. The description shall include geologic information in sufficient detail to assist in determining:(1) the probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary;(2) all potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and(3) whether reclamation as required by this chapter (relating to Coal Mining Regulations) can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.(b) The description shall be prepared according to this section and §§12.127-12.130 of this title (relating to Geology Description, to Ground-Water Information, to Surface-Water Information, and to Alternative Water Supply Information), and conform to the following:(1) information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area shall be provided by the Commission, to the extent that this data is available from an appropriate federal or state agency; and(2) if this information is not available from those agencies, the applicant may gather and submit this information to the Commission as part of the permit application; and(3) the permit shall not be approved by the Commission until this information is made available in the application.(c) The use of modeling techniques may be included as part of the permit application, but the same surface- and ground-water information may be required for each site as when models are not used.(d) All water-quality analyses performed to meet the requirements of this chapter shall be conducted according to the methodology in the 23rd edition of the American Public Health Association's Standard Methods for the Examination of Water and Wastewater, which is incorporated by reference, or the methodology in 40 CFR Parts 136 and 434.", "sourceNote": "Source Note: The provisions of this §12.126 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7935", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.127", "label": "Geology Description" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7936", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The description shall include, at a minimum:(1) a description of the geology of the proposed permit and adjacent areas, down to and including the deeper of, either the stratum immediately below the lowest coal seam to be mined, or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining;(2) the areal and structural geology of the permit and adjacent areas and other geologic parameters which influence the required reclamation; and(3) the occurrence, availability, movement, quantity, and quality of potentially impacted surface and ground waters.(b) The geologic description shall include analyses of samples collected from test borings, drill cores, or fresh unweathered, uncontaminated samples from rock outcrops from the permit area, down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:(1) location of subsurface water, if encountered;(2) logs of drill holes showing the lithologic characteristics, including physical properties and thickness of each stratum and each coal seam;(3) chemical analyses identifying those strata that may contain acid- or toxic-forming or alkalinity-producing materials and to determine their content, except that the Commission may find that the analysis for alkalinity-producing material is unnecessary; and(4) chemical analyses of the coal seam for acid- or toxic-forming materials, including the total sulfur and pyritic sulfur, except that the Commission may find that the analysis of pyritic sulfur content in unnecessary.(c) If determined to be necessary to protect the hydrologic balance or to meet the performance standards of this chapter (relating to Coal Mining Regulations), the Commission may require the collection, analysis, and description of geologic information in addition to that required by subsection (b) of this section.(d) An applicant may request that the requirement for a statement of the results of the test borings or core samplings be waived by the Commission. The waiver may be granted only if the Commission makes a written determination that the statement is unnecessary because other equivalent information is accessible to it in a satisfactory form.", "sourceNote": "Source Note: The provisions of this §12.127 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7936", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.128", "label": "Ground-water Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7937", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application shall contain a description of the ground-water hydrology for the proposed permit area and adjacent area, including, at a minimum:(1) the depth below the surface and the horizontal extent of the water table and aquifers;(2) the lithology and thickness of the aquifers;(3) the location and ownership of existing wells, springs, and other ground-water resources; and(4) seasonal quality and quantity of ground water and usage. Water quality descriptions shall include, at a minimum, total dissolved solids or specific conductance corrected to 25 degrees C, pH, total iron, and total manganese. Ground-water quantity descriptions shall include, at a minimum, approximate rates of discharge or usage and depth to the water in the coal seam, and each water-bearing stratum above and potentially impacted stratum below the coal seam.(b) The application shall contain additional information which describes the recharge and storage characteristics of aquifers.", "sourceNote": "Source Note: The provisions of this §12.128 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7937", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.129", "label": "Surface-water Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27373", "queryAsDate": "03/11/2026" }, "ruleBody": "Surface-water information shall be described, including the name of the watershed which will receive water discharges, the name, location, ownership, and description of all surface-water bodies such as streams, lakes, ponds, impoundments, and springs, the location of any water discharge into any surface body of water in the proposed permit and adjacent areas, and information on surface-water quantity and quality sufficient to demonstrate seasonal variation and water usage. Water quantity and quality descriptions shall include, at a minimum:(1) water-quantity data on present water usages, and minimum, maximum, and average discharge conditions which identify critical low flow and peak discharge rates of streams sufficient to identify seasonal variations in flow rates; and(2) water-quality data to identify the characteristics of surface waters in, discharging into, or which will receive flows from surface or ground water from affected areas within the proposed permit area, sufficient to identify seasonal variations, showing:(A) total dissolved solids in milligrams per liter or specific conductance corrected to 25 degrees C;(B) total suspended solids in milligrams per liter;(C) acidity and alkalinity information if there is a potential for acid drainage from the proposed surface mining operation;(D) pH in standard units;(E) total and dissolved iron in milligrams per liter;(F) total manganese in milligrams per liter; and(G) such other information as the Commission determines is relevant.", "sourceNote": "Source Note: The provisions of this §12.129 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27373", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.130", "label": "Alternative Water Supply Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7932", "queryAsDate": "03/11/2026" }, "ruleBody": "The application shall identify the extent to which the proposed surface mining activities may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the application shall identify the alternative sources of water supply that could be developed to replace the existing water sources, including the suitability of alternative water sources for existing premine uses and approved postmine land uses.", "sourceNote": "Source Note: The provisions of this §12.130 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7932", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.131", "label": "Climatological Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "324", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When requested by the Commission, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including:(1) the average seasonal precipitation;(2) the average direction and velocity of prevailing winds; and(3) seasonal temperature ranges.(b) The Commission may request such additional data as deemed necessary to ensure compliance with the requirements of this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems).", "sourceNote": "Source Note: The provisions of this §12.131 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "324", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.132", "label": "Vegetative Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The permit application shall, if required by the Commission, contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.(b) When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under §12.133 of this title (relating to Fish and Wildlife Resources Information).", "sourceNote": "Source Note: The provisions of this §12.132 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7938", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.133", "label": "Fish and Wildlife Resources Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7934", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Resource Information. Each application shall include fish-and-wildlife resource information for the permit area and adjacent area.(1) The scope and level of detail for such information shall be determined by the Commission in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under §12.144 of this title (relating to Fish and Wildlife Plan).(2) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:(A) listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;(B) habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or(C) other species or habitats identified through agency consultation as requiring special protection under state or federal law.(b) Fish and Wildlife Service review. Upon request, the Commission shall provide the resource information required under subsection (a) of this section and the protection and enhancement plan required under §12.144 of this title (relating to Fish and Wildlife Plan) to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.", "sourceNote": "Source Note: The provisions of this §12.133 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7934", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.134", "label": "Soil Resources Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant shall provide adequate soil survey information for the permit area consisting of the following:(1) a map delineating different soils;(2) soil identification;(3) soil description; and(4) present and potential productivity of existing soils.(b) Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall include results of the analyses, trials, and tests required under §12.335 of this title (relating to Topsoil: Removal).", "sourceNote": "Source Note: The provisions of this §12.134 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7941", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.135", "label": "Land-Use Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:(1) a map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described;(2) a narrative of land capability and productivity, which analyzes the land-use description under this section in conjunction with other environmental resources information required under §§12.124-12.138 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources). The narrative shall provide analyses of:(A) the capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and(B) the productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, state agricultural universities or appropriate state natural resource or agricultural agencies.(b) The application shall identify whether the proposed permit area has been previously mined, and, if so, include the following information, if available:(1) the type of mining method used;(2) the coal seams or other mineral strata mined;(3) the extent of coal or other minerals removed;(4) the approximate dates of past mining; and(5) the uses of the land preceding mining.(c) The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed permit and adjacent areas.", "sourceNote": "Source Note: The provisions of this §12.135 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.136", "label": "Maps: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202411", "queryAsDate": "03/11/2026" }, "ruleBody": "The permit application shall include maps showing:(1) all boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area;(2) the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin surface mining activities;(3) the boundaries of all areas proposed to be affected over the estimated total life of the proposed surface mining activities, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;(4) the location of all buildings on and within 1,000 feet of the proposed permit area, with identification of the current use of the buildings;(5) the location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to major electric transmission lines, pipelines, and agricultural drainage tile fields;(6) the location and boundaries of any proposed reference areas for determining the success of revegetation;(7) the locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the Commission, and those surface waters which will receive discharges from affected areas in the proposed mine plan area;(8) each public road located in or within 100 feet of the proposed permit area;(9) the boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the National Register of Historic Places, and known archeological sites within the mine plan or adjacent areas;(10) each public or private cemetery or Indian burial ground located in or within 100 feet of the proposed permit area;(11) any land within the proposed mine plan area and adjacent area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act; and(12) other relevant information required by the Commission.", "sourceNote": "Source Note: The provisions of this §12.136 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202411", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.137", "label": "Cross Sections, Maps, and Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7946", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application shall include cross sections, maps, and plans showing:(1) elevations and locations of test borings and core samplings;(2) elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;(3) nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;(4) all coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;(5) location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas;(6) location and extent of subsurface water, if encountered, within the proposed permit and adjacent areas;(7) location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;(8) location and extent of existing or previously surface-mined areas within the proposed permit area;(9) location and dimensions of existing areas of spoil, waste, and noncoal waste disposal, dams, embankments, other impoundments, and water-treatment and air-pollution control facilities within the proposed permit area;(10) location, and depth if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent area; and(11) sufficient slope measurements to adequately represent the existing land surface configuration of the proposed permit area, measured and recorded according to the following:(A) each measurement shall consist of an angle of inclination along the prevailing slope extending 100 linear feet above and below or beyond the coal outcrop or the area to be disturbed or, where this is impractical, at locations specified by the Commission;(B) where the area has been previously mined, the measurements shall extend at least 100 feet beyond the limits of mining disturbances, or any other distance determined by the Commission to be representative of the pre-mining configuration of the land; and(C) slope measurements shall take into account natural variations in slope, to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.(b) Maps, plans, and cross sections included in a permit application which are required by this section shall be prepared by or under the direction of and certified by a qualified professional engineer or qualified professional geoscientist, with assistance from experts in related fields such as land surveying and landscape architecture and shall be updated as required by the Commission.", "sourceNote": "Source Note: The provisions of this §12.137 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7946", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.138", "label": "Prime Farmland Investigation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7939", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland.(b) Land shall not be considered as prime farmland where the applicant can demonstrate one or more of the following:(1) the land has not been historically used as cropland;(2) the land within the proposed permit area which has a slope, as measured pursuant to §12.137(a)(11) of this title (relating to Cross Sections, Maps, and Plans), of greater than 5.0%. Only that portion of the land having a slope of greater than 5.0% will not be considered as prime farmland;(3) the land is not irrigated or naturally subirrigated, has no developed water supply that is dependable and of adequate quality, and the average annual precipitation is 14 inches or less;(4) other factors exist, such as a very rocky surface or the land is frequently flooded, which clearly place all land within the area outside the purview of prime farmland; or(5) on the basis of a soil survey of lands within the permit area, there are no soil mapping units which have been designated prime farmland by the U.S. Natural Resources Conservation Service.(c) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application, a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of subsection (b) of this section.(d) If the investigation indicates that lands within the proposed permit area may be prime farmland historically used for cropland, the applicant shall contact the U.S. Natural Resources Conservation Service to determine if a soil survey exists for those lands and whether soil mapping units in the permit area have been designated as prime farmland. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause such a survey to be made. Soil surveys of the detail used by the U.S. Natural Resources Conservation Service for operational conservation planning shall be used to identify and locate prime farmland soils.(1) When a soil survey of lands within the proposed permit area contains soil mapping units which have been designated as prime farmland, the applicant shall submit an application in accordance with §12.201(b) of this title (relating to Prime Farmland) for such designated land.(2) When a soil survey of lands within the proposed permit area contains soil mapping units which have not been designated as prime farmland after review by the U.S. Natural Resources Conservation Service, the applicant shall submit a request for negative determination for non-designated land within the permit application establishing compliance with subsection (b) of this section.", "sourceNote": "Source Note: The provisions of this §12.138 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7939", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.139", "label": "Operation Plan: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7947", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:(1) a narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and(2) a narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in §12.133 of this title (relating to Fish and Wildlife Resources Information):(A) dams, embankments, and other impoundments;(B) overburden and topsoil handling and storage areas and structures;(C) coal removal, handling, storage, cleaning, and transportation areas and structures;(D) spoil, coal processing waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;(E) mine facilities; and(F) water- and air-pollution control facilities.", "sourceNote": "Source Note: The provisions of this §12.139 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7947", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.140", "label": "Operation Plan: Existing Structures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7948", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include:(1) location;(2) plans of the structure which describe its current condition;(3) approximate dates on which construction of the existing structure was begun and completed; and(4) a showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards).(b) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include:(1) design specifications for the modification or reconstruction of the structure to meet the design and performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards);(2) a construction schedule which shows dates for beginning and completing interim steps and final reconstruction;(3) provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards) are met; and(4) a showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.", "sourceNote": "Source Note: The provisions of this §12.140 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7948", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.141", "label": "Operation Plan: Blasting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202412", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant will comply with the requirements of §§12.357-12.360 and 12.362 of this title (relating to Use of Explosives: General Requirements, to Use of Explosives: Pre-Blasting Survey, to Use of Explosives: Blasting Schedule, to Use of Explosives: Control of Adverse Effects, and to Use of Explosives: Records of Blasting Operations) and including the following:(1) types and approximate amounts of explosives to be used for each type of blasting operation to be conducted;(2) description of procedures and plans for recording and retention of information on the following during blasting:(A) drilling patterns, including size, number, depths, and spacing of holes;(B) charge and packing of holes;(C) types of fuses and detonation controls; and(D) sequence and timing of firing holes;(3) description of blasting warning and site access control equipment and procedures;(4) description of types, capabilities, sensitivities, and locations of use of any blast monitoring equipment and procedures proposed to be used;(5) description of plans for recording and reporting to the Commission the results of pre-blasting surveys, if required;(6) description of unavoidable hazardous conditions for which deviations from the blasting schedule will be needed under §12.360 of this title (relating to Use of Explosives: Control of Adverse Effects);(7) description of limitations the applicant will meet with regard to ground vibrations and airblast, and the bases for those limitations; and(8) description of methods to be applied in controlling the adverse effects of blasting operations.", "sourceNote": "Source Note: The provisions of this §12.141 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202412", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.142", "label": "Operation Plan: Maps and Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "66337", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain maps and plans of the proposed permit and adjacent areas as follows:(1) The maps and plans shall show the lands proposed to be affected throughout the operation and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under §§12.136 and 12.137 of this title (relating to Maps: General Requirements, and to Cross Sections, Maps, and Plans).(2) The following shall be shown for the proposed permit area unless specifically required for the permit and adjacent area by the requirements of this section:(A) buildings, utility corridors and facilities to be used;(B) the area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation;(C) each area of land for which a performance bond or other equivalent guarantee will be posted under Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations);(D) each coal storage, cleaning and loading area;(E) each topsoil, spoil, coal waste, and noncoal waste storage area;(F) each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;(G) each air-pollution collection and control facility;(H) each source of waste and each waste-disposal facility relating to coal processing or pollution control;(I) each facility to be used to protect and enhance fish and wildlife and related environmental values;(J) each explosive storage-and-handling facility; and(K) location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with §12.148 of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments), and fill area for the disposal of excess spoil in accordance with §12.153 of this title (relating to Disposal of Excess Spoil).(3) Except as provided in §12.148(a)(2) and (3) of this title, §12.153(a) of this title (relating to Disposal of Excess Spoil), §12.363(b) of this title (relating to Disposal of Excess Spoil: General Requirements), §12.366(b)(1) of this title (relating to Disposal of Excess Spoil: Durable Rock Fills), and §12.368(c) of this title (relating to Coal Processing Waste Banks: General Requirements), maps, plans, and cross-sections required under paragraph (2)(D), (E), (F), (J), and (K) of this section shall be prepared by, or under the direction of, and certified by a qualified professional engineer, or qualified professional geoscientist, with assistance from experts in related fields such as land surveying and landscape architecture.(4) A description of and plans and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with §12.403 of this title (relating to Support Facilities) for each facility.", "sourceNote": "Source Note: The provisions of this §12.142 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "66337", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.143", "label": "Air Pollution Control Plan for Surface Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7940", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For all surface mining activities with projected production rates exceeding 1 million tons of coal per year and located west of the 100th meridian west longitude, the application shall contain an air pollution control plan which includes the following:(1) an air-quality monitoring program to provide sufficient data to evaluate the effectiveness of the fugitive-dust control practices proposed under paragraph (2) of this subsection to comply with federal and state air-quality standards; and(2) a plan for fugitive-dust control practices as required under §12.389 of this title (relating to Stabilization of Surface Areas for Surface Mining).(b) For all other surface mining activities the application shall contain an air-pollution control plan which includes the following:(1) an air-quality monitoring program, if required by the Commission, to provide sufficient data to evaluate the effectiveness of the fugitive-dust control practices under paragraph (2) of this subsection to comply with applicable federal and state air-quality standards; and(2) a plan for fugitive-dust control practices as required under §12.389 of this title (relating to Stabilization of Surface Areas for Surface Mining).", "sourceNote": "Source Note: The provisions of this §12.143 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective September 14, 1999, 24 TexReg 7223." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7940", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.144", "label": "Fish and Wildlife Plan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "66338", "queryAsDate": "03/11/2026" }, "ruleBody": "Protection and enhancement plan. Each application shall contain a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations, and how enhancement of these resources will be achieved, where practicable. This description shall:(1) be consistent with the requirements of §12.380 of this title (relating to Protection of Fish, Wildlife, and Related Environmental Values);(2) apply, at a minimum, to species and habitats identified under §12.133(a) of this title (relating to Fish and Wildlife Resources Information); and(3) include:(A) protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and power lines, and the monitoring of surface-water quality and quantity; and(B) enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the placement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.", "sourceNote": "Source Note: The provisions of this §12.144 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "66338", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.145", "label": "Reclamation Plan: General Requirements for Surface Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202413", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with §§134.091-134.109 of the Act and Subchapter K of this chapter (relating to Permanent Program Performance Standards). The plan shall include, at a minimum, all information required under this section and §§12.146-12.154 of this title (relating to Reclamation Plan: Protection of Hydrologic Balance, to Reclamation Plan: Postmining Land Uses, to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments, to Reclamation Plan: Surface Mining Near Underground Mining, to Diversions, to Protection of Public Parks and Historic Places, to Relocation or Use of Public Roads, to Disposal of Excess Spoil, and to Road Systems and Support Facilities).(b) Each plan shall contain the following information for the proposed permit area:(1) a detailed timetable for the completion of each major step in the reclamation plan;(2) a detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond under Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations), with supporting calculations for the estimates;(3) a plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with §§12.384-12.389 of this title (relating to Backfilling and Grading: General Requirements, to Backfilling and Grading: General Grading Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic- Forming Materials, to Backfilling and Grading: Thin Overburden, to Backfilling and Grading: Thick Overburden, and to Stabilization of Surface Areas for Surface Mining;(4) a plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of §§12.334-12.338 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil Amendments). A demonstration of the suitability of topsoil substitutes or supplements under this chapter (relating to Coal Mining Regulations) shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, and areal extent of the different kinds of soil series. The Commission may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of topsoil substitutes or supplements;(5) a plan for revegetation as required in §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Stabilizing Practices, and to Revegetation: Standards for Success), including, but not limited to, descriptions of the:(A) schedule of revegetation;(B) species and amounts per acre of seeds and seedlings to be used;(C) methods to be used in planting and seeding;(D) mulching techniques;(E) irrigation, if appropriate, and pest- and disease-control measures, if any;(F) measures proposed to be used to determine the success of revegetation as required in §12.395 of this title (relating to Revegetation: Standards for Success); and(G) a soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;(6) a description of the measures to be used to maximize the use and conservation of the coal resource as required in §12.356 of this title (relating to Coal Recovery);(7) a description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with §§12.375 and 12.386 of this title (relating to Disposal of Noncoal Wastes, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials) and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;(8) a description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with §§12.331-12.333 of this title (relating to Casing and Sealing of Drilled Holes: General Requirements, to Casing and Sealing of Drilled Holes: Temporary, and to Casing and Sealing of Drilled Holes: Permanent); and(9) a description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), and other applicable air- and water-quality laws and regulations and health and safety standards.", "sourceNote": "Source Note: The provisions of this §12.145 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective September 14, 1999, 24 TexReg 7223." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202413", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.146", "label": "Reclamation Plan: Protection of Hydrologic Balance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133104", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. The application shall include a hydrologic reclamation plan, with appropriate maps and descriptions, indicating how the relevant requirements of this chapter (relating to Coal Mining Regulations), including §§12.339-12.341, 12.346, 12.348 and 12.349, and 12.350-12.354 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil, to Hydrologic Balance: Ground-Water Protection, to Hydrologic Balance: Surface-Water Protection, to Hydrologic Balance: Surface and Ground-Water Monitoring, to Hydrologic Balance: Transfer of Wells, to Hydrologic Balance: Water Rights and Replacement, to Hydrologic Balance: Discharge of Water Into an Underground Mine, and to Hydrologic Balance: Postmine Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities), will be met. The plan shall be specific to the local hydrologic conditions.(1) The plan shall contain the steps to be taken during mining and reclamation through bond release:(A) to minimize disturbances to the hydrologic balance within the permit and adjacent areas;(B) to prevent material damage outside the permit area;(C) to meet applicable federal and state water-quality laws and regulations; and(D) to protect the rights of present water users.(2) The plan shall specifically address any potential adverse hydrologic consequences identified in the PHC determination prepared under §§12.139-12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan) and shall include preventive and remedial measures. The plan shall identify the measures to be taken to:(A) protect the quality of surface- and ground-water systems, both within the proposed permit and adjacent areas, from the adverse effects of the proposed surface mining activities, or to provide alternative sources of water in accordance with §12.130 and §12.352 of this title (relating to Alternative Water Supply Information, and to Hydrologic Balance: Water Rights and Replacement), where the protection of quality cannot be ensured;(B) protect or replace the rights of present users of surface and ground water;(C) protect the quantity of surface and ground water both within the proposed permit area and adjacent area from adverse effects of the proposed surface mining activities, or to provide alternative sources of water in accordance with §12.130 and §12.352 of this title (relating to Alternative Water Supply Information, and to Hydrologic Balance: Water Rights and Replacement), where the protection of quantity cannot be ensured;(D) avoid acid or toxic drainage;(E) prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow;(F) provide water-treatment facilities when needed;(G) control drainage; and(H) restore approximate premining recharge capacity.(b) Ground-water monitoring plan.(1) The application shall include a ground-water monitoring plan based upon the PHC determination required under subsection (d) of this section and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmine land uses and to the objectives for protection of the hydrologic balance as set forth in subsection (a) of this section. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25 degrees C, pH, total iron, total manganese, and water levels shall be monitored and data submitted to the Commission at least every three months for each monitoring location. The Commission may require additional monitoring.(2) If the applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the cumulative impact area, then monitoring of that stratum may be waived by the Commission.(c) Surface-water monitoring plan.(1) The application shall include a surface-water monitoring plan based upon the PHC determination required under subsection (d) of this section and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmine land uses, and to the objectives for protection of the hydrologic balance as set forth in subsection (a) of this section, as well as the effluent limitations found at 40 CFR Part 434.(2) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.(A) At all monitoring locations in the surface-water bodies such as streams, lakes, and impoundments that are potentially impacted or into which water will be discharged and at upstream monitoring locations, the total dissolved solids or specific conductance corrected to 25 degrees C, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.(B) For point-source discharges, monitoring shall be conducted in accordance with 40 CFR Parts 122, 123 and 434 and as required by the National Pollutant Discharge Elimination System permitting authority.(3) The monitoring reports shall be submitted to the Commission every three months. The Commission may require additional monitoring.(d) Probable hydrologic consequences determination.(1) The application shall include a determination of the probable hydrologic consequences (PHC) of the proposed operation upon the quality and quantity of surface and ground water under seasonal flow conditions for the proposed permit and adjacent areas.(2) The PHC determination shall be based on baseline hydrologic, geologic, and other information collected for the permit application and may include data statistically representative of the site.(3) The PHC determination shall include findings on:(A) whether adverse impacts may occur to the hydrologic balance;(B) whether acid-forming materials are present that could result in the contamination of ground- or surface-water supplies;(C) whether toxic-forming materials are present that could result in the contamination of ground- or surface-water supplies;(D) whether the proposed operation may proximately result in contamination of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose;(E) whether the proposed operation may proximately result in diminution of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose;(F) whether the proposed operation may proximately result in interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose;(G) what impact the proposed operation will have on:(i) sediment yield from the disturbed area;(ii) acidity, total suspended and dissolved solids, and other important water-quality parameters of local impact;(iii) flooding or streamflow alteration;(iv) ground- and surface-water availability; and(v) other characteristics as required by the Commission.(4) An application for a permit revision shall be reviewed by the Commission to determine whether a new or updated PHC determination shall be required.(5) If the PHC determination required by this subsection indicates adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under §12.128 and §12.129 of this title (relating to Ground-Water Information, and to Surface-Water Information) shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water quality and quantity characteristics. Information shall be provided on water availability and alternative water sources, including the suitability of alternative water sources for existing premining uses and approved postmining land uses.(6) If the PHC determination required by this subsection indicates that the proposed mining operation may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial or other legitimate purpose, then the Commission may require that the applicant provide information supplemental to that required under §12.130 (relating to Alternative Water Supply Information).(e) Cumulative hydrologic impact assessment.(1) The Commission shall provide a probable cumulative hydrologic impacts assessment (CHIA) of the proposed operation and all anticipated mining upon surface- and ground-water systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of permit approval, whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The Commission may allow the applicant to submit data and analyses relevant to the CHIA with the permit application.(2) An application for a permit revision shall be reviewed by the Commission to determine whether a new or updated CHIA shall be required.", "sourceNote": "Source Note: The provisions of this §12.146 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.147", "label": "Reclamation Plan: Postmining Land Uses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each plan shall contain a detailed description of the proposed use, following reclamation, of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land-use policies and plans. This description shall explain:(1) how the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and(2) where a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under §12.399 of this title (relating to Postmining Land Use); and(3) the consideration which has been given to making all of the proposed surface mining activities consistent with surface-owner plans and applicable state and local land-use plans and programs.(b) The description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.", "sourceNote": "Source Note: The provisions of this §12.147 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 12, 2007, 32 TexReg 8124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202414", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.148", "label": "Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27374", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. Each application shall include a general plan for each proposed sedimentation pond, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.(1) Each general plan shall:(A) be prepared by or under the direction of, and certified by a qualified professional engineer, or by a qualified professional geoscientist, with assistance from experts in related fields such as land surveying and landscape architecture;(B) contain a description, map, and cross section of the structure and its location;(C) contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;(D) contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and(E) contain a certification statement which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the general plan will be submitted to the Commission. The Commission shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins.(2) Each detailed design plan for a structure that meets or exceeds the size or other criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a), shall:(A) be prepared by or under the direction of, and certified by a qualified professional engineer with assistance from experts in related fields such as geology, land surveying, and landscape architecture;(B) include any geotechnical investigation, design, and construction requirements for the structure;(C) describe the operation and maintenance requirements for each structure; and(D) describe the timetable and plans to remove each structure, if appropriate.(3) Each detailed design plan for a structure that does not meet the size or other criteria of 30 CFR 77.216(a) shall:(A) be prepared by or under the direction of, and certified by a qualified professional engineer;(B) include any design and construction requirements for the structure, including any required geotechnical information;(C) describe the operation and maintenance requirements for each structure; and(D) describe the timetable and plans to remove each structure, if appropriate.(b) Sedimentation ponds. Sedimentation ponds, whether temporary or permanent, shall be designed in compliance with the requirements of §12.344 of this title (relating to Hydrologic Balance: Sedimentation Ponds). Any sedimentation pond or earthen structure which will remain in the proposed permit area as a permanent water impoundment shall also be designed to comply with the requirements of §12.347 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments). Each plan shall, at a minimum, comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2.(c) Permanent and temporary impoundments.(1) Permanent and temporary impoundments shall be designed to comply with the requirements of §12.347 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments).(2) Each plan for an impoundment meeting the size or other criteria of the Mine Safety and Health Administration shall comply with the requirements of 30 CFR 77.216-1 and 30 CFR 77.216-2. The plan required to be submitted to the District Manager of MSHA under 30 CFR 77.216 shall be submitted to the Commission as part of the permit application in accordance with subsection (a) of this section.(3) An impoundment not meeting the size or other criteria applicable under §12.347(a) of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments) shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions.(d) Coal processing waste banks. Coal processing waste banks shall be designed to comply with the requirements of §§12.368-12.371 of this title (relating to Coal Processing Waste Banks: General Requirements, to Coal Processing Waste Banks: Site Inspection, to Coal Processing Waste Banks: Water Control Measures, and to Coal Processing Waste Banks: Construction Requirements).(e) Coal processing waste dams and embankments. Coal mine waste dams and embankments shall be designed to comply with the requirements of §§12.376 - 12.378 of this title (relating to Coal Mine Waste: Dams and Embankments: General Requirements, to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design and Construction). Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by a qualified professional engineer or qualified professional geoscientist, according to the following:(1) the number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;(2) the character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;(3) all springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and(4) consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.(f) Additional requirements. If the structure is 20 feet or higher or impounds more than 20 acre-feet, each plan under subsections (b), (c), and (e) of this section shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.", "sourceNote": "Source Note: The provisions of this §12.148 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27374", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.149", "label": "Reclamation Plan: Surface Mining Near Underground Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "328", "queryAsDate": "03/11/2026" }, "ruleBody": "For surface mining activities within the proposed permit area to be conducted within 500 feet of an underground mine, the application shall describe the measures to be used to comply with §12.367 of this title (relating to Protection of Underground Mining).", "sourceNote": "Source Note: The provisions of this §12.149 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "328", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.150", "label": "Diversions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102771", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain descriptions, including maps and cross sections, of stream channel diversions to be constructed within the proposed permit area to achieve compliance with §12.341 of this title (relating to Hydrologic Balance: Diversions).", "sourceNote": "Source Note: The provisions of this §12.150 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102771", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.151", "label": "Protection of Public Parks and Historic Places" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102772", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each plan shall describe the measures to be used:(1) to prevent adverse impacts; or(2) if a person has valid existing rights as determined under §12.72(c) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations), or if joint agency approval is to be obtained under §12.73(d) of this title (relating to Commission Obligations at Time of Permit Application Review), to minimize adverse impacts.(b) The Commission may require the applicant to protect historic or archeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.", "sourceNote": "Source Note: The provisions of this §12.151 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102772", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.152", "label": "Relocation or Use of Public Roads" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7953", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall describe, with appropriate maps and cross sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under §12.72(a) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations), the applicant seeks to have the Commission approve:(1) conducting the proposed surface mining activities within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or(2) relocating a public road.", "sourceNote": "Source Note: The provisions of this §12.152 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7953", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.153", "label": "Disposal of Excess Spoil" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain descriptions, including appropriate maps and cross-section drawings of the proposed disposal site and design of the spoil disposal structures according to §§12.363-12.366 of this title (relating to Disposal of Excess Spoil: General Requirements, to Disposal of Excess Spoil: Valley Fills, to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess Spoil: Durable Rock Fills). These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.(b) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:(1) the character of bedrock and any adverse geologic conditions in the disposal area;(2) a survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;(3) a survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;(4) a technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and(5) a stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.(c) If, under §12.363 of this title (relating to Disposal of Excess Spoil: General Requirements), rock-toe buttresses or keyway cuts are required, the application shall include the following:(1) the number, location, and depth of borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions; and(2) engineering specifications utilized to design the rock-toe buttress or keyway cuts which shall be determined in accordance with subsection (b)(5) of this section.", "sourceNote": "Source Note: The provisions of this §12.153 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.154", "label": "Road Systems and Support Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Plans and drawings. Each applicant for a surface coal mining and reclamation permit shall submit plans and drawings for each road, as defined in §12.3 of this title (relating to Definitions), to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall:(1) include a map, appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;(2) contain the drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the Commission in accordance with §12.400(d)(1) of this title (relating to Roads: General);(3) contain the drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the Commission in accordance with §12.401(3)(B) of this title (relating to Primary Roads);(4) contain a description of measures to be taken to obtain approval of the Commission for alteration or relocation of a natural stream channel under §12.401(3)(B) of this title (relating to Primary Roads);(5) contain the drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the Commission can maximize the protection of the stream in accordance with §12.401(4)(F) of this title (relating to Primary Roads); and(6) describe the plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.(b) Primary road certification. The plans and drawings for each primary road shall be prepared by, or under the direction of, and certified by a qualified professional engineer with experience in the design and construction of roads as meeting the requirements of this chapter (relating to Coal Mining Regulations), current, prudent engineering practices; and any design criteria established by the Commission.(c) Support Facilities. Each applicant for a surface coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with §12.403 of this title (relating to Support Facilities) for each facility.", "sourceNote": "Source Note: The provisions of this §12.154 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165979", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.156", "label": "Identification of Interests and Compliance Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7957", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certification and update of existing permit application information.(1) If an applicant has previously applied for a permit and the required information is already in AVS, then the applicant may update the information in its application as follows:(A) If all or part of the information already in AVS is accurate and complete, the applicant may certify to the Commission by swearing or affirming, under oath and in writing, that the relevant information in AVS is accurate, complete, and up to date.(B) If part of the information in AVS is missing or incorrect, the applicant must submit to the Commission the necessary information or corrections, and swear or affirm, under oath and in writing, that the information submitted is accurate and complete.(C) If the applicant can neither certify that the data in AVS is accurate and complete, nor make the needed corrections, the applicant must provide the information required under this section.(2) After approval of an application but before issuance of a permit, the applicant must update, correct, or indicate that no change has occurred to the information previously submitted under this section.(b) Permit applicant and operator information. Each permit application shall contain:(1) a statement indicating whether the applicant or its operator are corporations, partnerships, associations, sole proprietorships, or other business entities;(2) taxpayer identification numbers for the applicant and its operator;(3) the name, address, and telephone number for:(A) the applicant;(B) the applicant's resident agent who will accept service of process;(C) any operator, if different from the applicant; and(D) each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator; for every such business entity, the applicant must also provide the required information for every president, chief executive officer, and director (or persons in similar positions), and every person who owns, of record, 10 percent or more of the entity;(4) for the applicant and its operator, and for each officer, partner, member, director, person performing a function similar to a director, and person who owns, of record, 10 percent or more of the applicant or operator, the following information:(A) the person's name, address, and telephone number;(B) the person's position title and relationship to the applicant, including percentage of ownership and location in the organizational structure; and(C) the date the person began serving in that position.(c) Permit history information. The permit applicant must provide a list of all names under which it, its operator, partners or principal shareholders, and the operator's partners or principal shareholders operate or previously operated a surface coal mining operation in the United States within the five-year period preceding the date of submission of the application.(1) For the applicant and operator, the applicant must provide a list of any pending permit applications for surface coal mining operations filed in the United States. The list must identify each application by its application number and jurisdiction, or by other identifying information when necessary.(2) For any surface coal mining operations that the applicant or operator owned or controlled within the five-year period preceding the date of submission of the application, and for any surface coal mining operation the applicant or operator owns or controls on that date, the application must include the:(A) permittee's and operator's name and address;(B) permittee's and operator's taxpayer identification numbers;(C) Federal or State permit number and corresponding MSHA number;(D) regulatory authority with jurisdiction over the permit; and(E) permittee's and operator's relationship to the operation, including percentage of ownership and location in the organizational structure.(d) Property interest information. For the property to be mined, the applicant must provide in the permit application the following information:(1) the name and address of each:(A) legal or equitable owner of record of the surface and mineral estate;(B) holder of record of any leasehold interest; and(C) purchaser of record under a real estate contract;(2) the name and address of each owner of record, as reflected in the tax records of the county where the land is located, of all property (surface and subsurface) contiguous to any part of the proposed permit area;(3) a statement of all interests, options, or pending bids held by the applicant or that the applicant has made for lands contiguous to the proposed permit area; however, if requested by the applicant in writing, the Commission will hold as confidential, under §12.210 of this title (relating to Public Availability of Information in Permit Applications on File with the Commission), any information required to be submitted under this paragraph which is not on public file under State law; and(4) the Mine Safety and Health Administration (MSHA) numbers for all structures that require MSHA approval.(e) Violation information.(1) The applicant must state in the permit application whether it, an operator, or any subsidiary, affiliate, or entity which it or an operator owns or controls or which is under common control with it or an operator, has:(A) had a Federal or State permit for surface coal mining operations suspended or revoked during the five-year period preceding the date of submission of the application; or(B) forfeited a performance bond or similar security deposited in lieu of bond in connection with surface coal mining and reclamation operations during the five-year period preceding the date of submission of the application.(2) For each suspension, revocation, or forfeiture identified under paragraph (1) of this subsection, the applicant must provide a brief explanation of the facts involved, including the:(A) permit number;(B) date of suspension, revocation, or forfeiture, and, when applicable, the date and amount of bond or similar security forfeited;(C) regulatory authority that suspended or revoked the permit or forfeited the bond and the stated reasons for the action;(D) current status of the permit, bond, or similar security involved; and(E) date, location, type, and current status of any administrative or judicial proceedings concerning the suspension, revocation, or forfeiture.(3) The applicant must provide a list of all violation notices that the applicant or operator received for any surface coal mining and reclamation operation during the three-year period preceding the date of submission of the application, and a list of all unabated or uncorrected violation notices incurred in connection with any surface coal mining and reclamation operation that it or its operator own or control on the date of the application. For each violation notice reported, the applicant must include the following information, when applicable:(A) the permit number and associated MSHA number;(B) the issue date, identification number, and current status of the violation notice;(C) the name of the person to whom the violation notice was issued;(D) the name of the regulatory authority or agency that issued the violation notice;(E) a brief description of the violation alleged in the notice;(F) the date, location, type, and current status of any administrative or judicial proceedings concerning the violation notice;(G) if the abatement period for a violation in a notice of violation issued under §12.678 of this title (relating to Notices of Violation) has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and(H) for all violations not covered by subparagraph (G) of this paragraph, the actions taken to abate or correct the violation.(f) Commission actions. The Commission need not make a finding as provided for under §12.234(c) of this title (relating to Challenge of Ownership or Control, Information on Ownership and Control, and Violations, and Applicant/Violator System Procedures) before entering into AVS the information required to be disclosed under this section; however, the listing in AVS of a person identified in subsection (b) of this section does not create a presumption or constitute a determination that such person owns or controls a surface coal mining operation.", "sourceNote": "Source Note: The provisions of this §12.156 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7957", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.157", "label": "Right of Entry and Operation Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102773", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin underground mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.(b) For underground mining activities where the associated surface operations involve the surface mining of coal and the private mineral estate to be mined has been severed from the private surface estate, the application shall also provide, for lands to be affected by those operations within the permit area:(1) a copy of the written consent of the surface owner to the extraction of coal by surface mining methods; or(2) a copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or(3) if the conveyance does not expressly grant the right to extract coal by surface mining methods, documentation that, under the applicable state law, the applicant has the legal authority to extract the coal by those methods.(c) Nothing in this section shall be construed to afford the Commission the authority to adjudicate property title disputes.", "sourceNote": "Source Note: The provisions of this §12.157 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102773", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.158", "label": "Relationship to Areas Designated Unsuitable for Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7952", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain available information on whether the proposed permit area is within an area designated unsuitable for surface coal mining and reclamation operations or is within an area under study for designation in an administrative proceeding under §§12.74-12.77 of this title (relating to Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations) and §§12.78-12.85 of this title (relating to Process for Designating Areas as Unsuitable for Surface Coal Mining Operations).(b) If an applicant claims the exemption in §12.216 of this title (relating to Criteria for Permit Approval or Denial), the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed underground mining activities.(c) An application that proposes to conduct Surface coal mining operations within 100 feet of a public road or within 300 feet of an occupied dwelling must meet the requirements of §12.72(a) or (b) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations), respectively.", "sourceNote": "Source Note: The provisions of this §12.158 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7952", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.159", "label": "Permit Term Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "329", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain the anticipated or actual starting and termination date of each phase of the underground mining activities and the anticipated number of acres of surface lands to be affected, and the horizontal and vertical extent of proposed underground mine workings, for each phase of mining and over the total life of the permit.(b) If the applicant proposes to conduct the underground mining activities in excess of 5 years, the application shall contain the information needed for the showing required under §12.219 of this title (relating to Permit Terms).", "sourceNote": "Source Note: The provisions of this §12.159 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "329", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.160", "label": "Personal Injury and Property Damage Insurance Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202416", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain either a certificate of liability insurance or evidence that the self-insurance requirements in §12.311 of this title (relating to Terms and Conditions for Liability Insurance) are satisfied.", "sourceNote": "Source Note: The provisions of this §12.160 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202416", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.161", "label": "Identification of Other Licenses and Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "32104", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain a list of all other licenses and permits needed by the applicant to conduct the proposed underground mining activities. This list shall identify each license and permit by:(1) type of permit or license;(2) name and address of issuing authority;(3) identification numbers of applications for those permits or licenses or, if issued, the identification numbers of the permits or licenses; and(4) if a decision has been made, the date of approval or disapproval by each issuing authority and permit expiration date.", "sourceNote": "Source Note: The provisions of this §12.161 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "32104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.162", "label": "Identification of Location of Public Office for Filing of Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7943", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection under §12.207 of this title (relating to Public Notices of filing of Permit Applications).", "sourceNote": "Source Note: The provisions of this §12.162 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7943", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.163", "label": "Newspaper Advertisement and Proof of Publication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27375", "queryAsDate": "03/11/2026" }, "ruleBody": "A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed with the Commission and made a part of the complete application not later than 4 weeks after the last date of publication required under §12.207 of this title (relating to Public Notices of filing of Permit Applications).", "sourceNote": "Source Note: The provisions of this §12.163 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27375", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.170", "label": "General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7960", "queryAsDate": "03/11/2026" }, "ruleBody": "Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and adjacent areas that may be affected or impacted by the proposed underground mining activities.", "sourceNote": "Source Note: The provisions of this §12.170 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7960", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.171", "label": "General Environmental Resources Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202417", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall describe and identify:(1) the size, sequence, and timing of the subareas of the permit area for which it is anticipated that individual permits for mining will be requested over the estimated total life of the proposed underground mining activities; and(2) the nature of cultural, historic and archeological resources listed on or eligible for listing on the National Register of Historic Places and known archeological sites within the proposed permit and adjacent areas.(A) The description shall be based on all available information, including, but not limited to, information from the State Historic Preservation Officer and local archeological, historical, and cultural preservation agencies.(B) The Commission may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the National Register of Historic Places, through:(i) collection of additional information;(ii) conduct of field investigations; or(iii) other appropriate analyses.", "sourceNote": "Source Note: The provisions of this §12.171 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202417", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.172", "label": "Description of Hydrology and Geology: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "331", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain a description of the geology, hydrology, and water quality and quantity of all lands within the proposed permit area, the adjacent areas, and the general area. The description shall include information on the characteristics of all surface and ground waters within the general area, and any water which will flow into or receive discharges of water from the general area. The description shall include geologic information in sufficient detail to assist in determining:(1) the probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary;(2) all potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and(3) whether reclamation as required by this chapter (relating to Coal Mining Regulations) can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.(b) The description shall be prepared according to this section and §§12.173-12.175 of this title (relating to Geology Description, to Ground-Water Description, and to Surface-Water Description), and conform to the following:(1) information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area shall be provided by the Commission, to the extent that this data is available from an appropriate federal or state agency;(2) if this information is not available from those agencies, the applicant may gather and submit this information to the Commission as part of the permit application; and(3) the permit shall not be approved by the Commission until this information is made available in the application.(c) The use of modeling techniques may be included as part of the permit application, but the same surface- and ground-water information may be required for each site as when models are not used.(d) All water-quality analyses performed to meet the requirements of this chapter shall be conducted according to the methodology in the 23rd edition of the American Public Health Association's Standard Methods for the Examination of Water and Wastewater, which is incorporated by reference, or the methodology in 40 CFR Parts 136 and 434.", "sourceNote": "Source Note: The provisions of this §12.172 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "331", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.173", "label": "Geology Description" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7962", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A description of the geology of the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. This description shall include the areal and structural geology of the permit and adjacent areas, and other parameters which influence the required reclamation and it shall also show how the areal and structural geology may affect the occurrence, availability, movement, quantity and quality of potentially impacted surface and ground water. It shall be based on:(1) the cross sections, maps, and plans required by §12.183 of this title (relating to Cross-Sections, Maps, and Plans);(2) the information obtained under subsections (b), (c) and (d) of this section; and(3) geologic literature and practices.(b) For any portion of a permit area in which the strata down to the coal seam to be mined will be removed or are already exposed, samples shall be collected and analyzed from test borings; drill cores; or fresh, unweathered, uncontaminated samples from rock outcrops down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the coal seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:(1) logs showing the lithologic characteristics including physical properties and thickness of each stratum and location of ground water where occurring;(2) chemical analyses identifying those strata that may contain acid- or toxic-forming, or alkalinity-producing materials and to determine their content except that the Commission may find that the analysis for alkalinity-producing material is unnecessary; and(3) chemical analysis of the coal seam for acid- and toxic-forming materials, including the total sulfur and pyritic sulfur, except that the Commission may find that the analysis of pyritic sulfur content is unnecessary.(c) For lands within the permit and adjacent areas where the strata above the coal seam to be mined will not be removed, samples shall be collected and analyzed from test borings or drill cores to provide the following data:(1) logs of drill holes showing the lithologic characteristics, including physical properties and thickness of each stratum that may be impacted, and location of ground water where occurring;(2) chemical analyses for acid- or toxic-forming materials and their content in the strata immediately above and below the coal seam to be mined;(3) chemical analyses of the coal seam for acid- and toxic-forming materials, including the total sulfur and pyritic sulfur, except that the Commission may find the analysis of pyritic sulfur content is unnecessary; and(4) for standard room and pillar mining operations, the thickness and engineering properties of clays or soft rock such as clay shale, if any, in the stratum immediately above and below each coal seam to be mined.(d) If determined to be necessary to protect the hydrologic balance, to minimize or prevent subsidence, or to meet the performance standards of this chapter (relating to Coal Mining Regulations), the Commission may require the collection, analysis and description of geologic information in addition to that required by subsections (a), (b), and (c) of this section.(e) An applicant may request the Commission to waive in whole or in part the requirements of subsections (b) and (c) of this section. The waiver may be granted only if the Commission finds in writing that the collection and analysis of such data is unnecessary because other information having equal value or effect is available to the Commission in a satisfactory form.", "sourceNote": "Source Note: The provisions of this §12.173 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7962", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.174", "label": "Ground-water Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application shall contain a description of the ground-water hydrology for the proposed permit and adjacent areas, including, at a minimum:(1) the depth below the surface and the horizontal extent of the water table and aquifers;(2) the lithology and thickness of the aquifers;(3) the location and ownership of existing wells, springs, and other ground-water resources; and(4) seasonal quality and quantity of ground-water and usage. Water quality descriptions shall include, at a minimum, total dissolved solids or specific conductance corrected to 25 degrees C, pH, total iron, and total manganese. Ground-water quantity descriptions shall include, at a minimum, approximate rates of discharge or usage and depth to the water in the coal seam, and each water-bearing stratum above and potentially impacted stratum below the coal seam.(b) The application shall contain additional information which describes the recharge and storage characteristics of aquifers.", "sourceNote": "Source Note: The provisions of this §12.174 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7963", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.175", "label": "Surface-water Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "332", "queryAsDate": "03/11/2026" }, "ruleBody": "Surface-water information shall be described, including the name of the watershed which will receive water discharges, the name, location, ownership and description of all surface-water bodies such as streams, lakes, ponds, impoundments, and springs, the location of any water discharge into any surface body of water in the proposed permit and adjacent areas, and information on surface-water quantity and quality sufficient to demonstrate seasonal variation and water usage. Water quantity and quality descriptions shall include, at a minimum:(1) water-quantity data on present water usages, and minimum, maximum, and average discharge conditions which identify critical low flows and peak discharge rates of streams sufficient to identify seasonal variations in flow rates; and(2) water-quality data to identify the characteristics of surface waters in, discharging into, or which will receive flows from surface or ground water from affected areas within the proposed permit area, sufficient to identify seasonal variations, showing:(A) total dissolved solids in milligrams per liter or specific conductance corrected to 25 degrees C;(B) total suspended solids in milligrams per liter;(C) acidity and alkalinity information if there is a potential for acid drainage from the proposed underground mining operation;(D) pH in standard units;(E) total and dissolved iron in milligrams per liter;(F) total manganese in milligrams per liter; and(G) such other information as the Commission determines is relevant.", "sourceNote": "Source Note: The provisions of this §12.175 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "332", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.176", "label": "Alternative Water Supply Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7959", "queryAsDate": "03/11/2026" }, "ruleBody": "The application shall identify the extent to which the proposed underground mining activities may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent area for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall identify the alternative sources of water supply that could be developed to replace the existing sources.", "sourceNote": "Source Note: The provisions of this §12.176 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7959", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.177", "label": "Climatological Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "333", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When requested by the Commission, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including:(1) the average seasonal precipitation;(2) the average direction and velocity of prevailing winds; and(3) seasonal temperature ranges.(b) The Commission may request such additional data as deemed necessary to ensure compliance with the requirements of this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems).", "sourceNote": "Source Note: The provisions of this §12.177 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "333", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.178", "label": "Vegetative Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7966", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The permit application shall, if required by the Commission, contain a map that delineates existing vegetative types and a description of the plant communities within the area affected by surface operations and facilities and within any proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.(b) When a copy or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under §12.179 of this title (relating to Fish and Wildlife Resources Information).", "sourceNote": "Source Note: The provisions of this §12.178 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7966", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.179", "label": "Fish and Wildlife Resources Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7965", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.(1) The scope and level of detail for such information shall be determined by the Commission in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under §12.195 of this title (relating to Fish and Wildlife Plan).(2) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:(A) listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;(B) habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or(C) other species or habitats identified through agency consultation as requiring special protection under state or federal law.(b) Fish and Wildlife Service review. Upon request, the Commission shall provide the resource information required under subsection (a) of this section and the protection and enhancement plan required under §12.195 of this title (relating to Fish and Wildlife Plan) to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.", "sourceNote": "Source Note: The provisions of this §12.179 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7965", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.180", "label": "Soil Resources Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7969", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant shall provide adequate soil survey information on those portions of the permit area to be affected by surface operations or facilities, consisting of the following:(1) a map delineating different soils;(2) soil identification;(3) soil description; and(4) present and potential productivity of existing soils.(b) Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall contain results of the analyses, trials and tests required under §12.505 of this title (relating to Topsoil: Removal).", "sourceNote": "Source Note: The provisions of this §12.180 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7969", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.181", "label": "Land-Use Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7970", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application shall contain a statement of the condition, capability and productivity of the land which will be affected by surface operations and facilities within the proposed permit area, including:(1) a map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.(2) a narrative of land capability and productivity, which analyzes the land-use description under subsection (a) of this section in conjunction with other environmental resources information required under §§12.170-12.184 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Information on Environmental Resources). The narrative shall provide analyses of:(A) the capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the area proposed to be affected by surface operations or facilities; and(B) the productivity of the area proposed to be affected by surface operations and facilities before mining, expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, state agricultural universities or appropriate state natural resources or agricultural agencies.(b) The application shall indicate whether the proposed permit area has been previously mined, and, if so, the following information, if available:(1) the type of mining method used;(2) the coal seams or other mineral strata mined;(3) the extent of coal or other minerals removed;(4) the approximate dates of past mining; and(5) the uses of land preceding mining.(c) The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed permit and adjacent areas.", "sourceNote": "Source Note: The provisions of this §12.181 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7970", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.182", "label": "Maps: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202418", "queryAsDate": "03/11/2026" }, "ruleBody": "The permit application shall include maps showing:(1) all boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area;(2) the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin underground mining activities;(3) the boundaries of all areas proposed to be affected over the estimated total life of the underground mining activities, with a description of size, sequence and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;(4) the location of all buildings in and within 1,000 feet of the proposed permit area, with identification of the current use of the buildings;(5) the location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to, major electric transmission lines, pipelines, and agricultural drainage-tile fields;(6) the location and boundaries of any proposed reference areas for determining the success of revegetation;(7) the locations of water supply intakes for current users of surface waters flowing into, out of, and within a hydrologic area defined by the Commission, and those surface waters which will receive discharges from affected areas in the proposed permit area;(8) each public road located in or within 100 feet of the proposed permit area;(9) the boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places, and known archeological sites within the permit or adjacent areas;(10) each public or private cemetery or Indian burial ground located in or within 100 feet of the proposed permit area;(11) any land within the proposed permit area and adjacent area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act; and(12) other relevant information required by the Commission.", "sourceNote": "Source Note: The provisions of this §12.182 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202418", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.183", "label": "Cross Sections, Maps, and Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7972", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application shall include cross sections, maps, and plans showing:(1) elevations and locations of test borings and core samplings;(2) elevations and locations of monitoring stations used to gather data on water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;(3) nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;(4) all coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;(5) location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas;(6) location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas, including, but not limited to areal and vertical distribution of aquifers, and portrayal of seasonal differences of head in different aquifers on cross sections and contour maps;(7) location of surface-water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;(8) location and extent of existing or previously surface-mined areas within the proposed permit area;(9) location and dimensions of existing areas of spoil, waste, coal development waste, and noncoal waste disposal, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;(10) location, and depth if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent areas; and(11) sufficient slope measurements to adequately represent the existing land-surface configuration of the area affected by surface operations and facilities, measured and recorded according to the following:(A) each measurement shall consist of an angle of inclination along the prevailing slope extending 100 linear feet above and below or beyond the coal outcrop or the area to be disturbed or, where this is impractical, at locations specified by the Commission;(B) where the area has been previously mined, the measurements shall extend at least 100 feet beyond the limits of mining disturbances, or any other distance determined by the Commission to be representative of the premining configuration of the land; and(C) slope measurements shall take into account natural variations in slope, to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.(b) Maps, plans and cross sections included in a permit application and required by this shall be prepared by, or under the direction of and certified by a qualified professional engineer or qualified professional geoscientist, with assistance from experts in related fields such as land surveying and landscape architecture and shall be updated as required by the Commission.", "sourceNote": "Source Note: The provisions of this §12.183 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7972", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.184", "label": "Prime Farmland Investigation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7968", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant shall conduct a pre-application investigation of the area proposed to be affected by surface operations or facilities to determine whether lands within the area may be prime farmland.(b) Land shall not be considered as prime farmland where the applicant can demonstrate one or more of the following:(1) the land has not been historically used as cropland;(2) the land within the proposed permit area which has a slope, as measured pursuant to §12.183(a)(11) of this title (relating to Cross Sections, Maps, and Plans), of greater than 5.0%. Only that portion of the land having a slope of greater than 5.0% will not be considered as prime farmland;(3) the land is not irrigated or naturally subirrigated, has not developed water supply that is dependable and of adequate quality, and the average annual precipitation is 14 inches or less;(4) other factors exist, such as a very rocky surface, or the land is frequently flooded, which clearly place all land within the area outside the purview of prime farmland; or(5) on the basis of a soil survey of the lands within the proposed area to be affected by surface operations or facilities, there are no soil mapping units which have been designated prime farmland by the U.S. Natural Resources Conservation Service.(c) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one or more of the criteria in subsection (b) of this section.(d) If the investigation indicates that lands within the proposed area to be affected by surface operations and facilities may be prime farmland historically used for cropland, the applicant shall contact the U.S. Natural Resources Conservation Service to determine if a soil survey exists for these lands and whether soil mapping units have been designated as prime farmland. If no such soil survey has been made for these lands, the applicant shall cause such a survey to be made. Soil surveys of the detail used by the U.S. Natural Resources Conservation Service for operational conservation planning shall be used to identify and locate prime farmland soils.(1) When a soil survey of lands within the proposed area to be affected by surface operations and facilities contains soil mapping units which have been designated as prime farmland, the application shall submit an application in accordance with §12.201 of this title (relating to Prime Farmland) for such designated land.(2) When a soil survey of lands within the proposed area to be affected by surface operations and facilities contains soil mapping units which have not been designated, after review by the U.S. Natural Resources Conservation Service, as prime farmland, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with subsection (b) of this section.", "sourceNote": "Source Note: The provisions of this §12.184 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7968", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.185", "label": "Operation Plan: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7973", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:(1) a narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and(2) a narrative explaining the construction, modification, use, maintenance, and removal of the following facilities, unless retention of such facility is necessary for postmining land use as specified in §12.568 of this title (relating to Postmining Land Use):(A) dams, embankments, and other impoundments;(B) overburden and topsoil handling and storage areas and structures;(C) coal removal, handling, storage, cleaning, and transportation areas and structures;(D) spoil, coal processing waste, mine development waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;(E) mine facilities; and(F) water-pollution control facilities.", "sourceNote": "Source Note: The provisions of this §12.185 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7973", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.186", "label": "Operation Plan: Existing Structures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "66339", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include:(1) location;(2) plans of the structure which describe its current condition;(3) approximate dates on which construction of the existing structure was begun and completed; and(4) a showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards).(b) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include:(1) design specifications for the modification or reconstruction of the structure to meet the design and performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards);(2) a construction schedule which shows dates for beginning and completing interim steps and final reconstruction;(3) provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards) are met; and(4) a showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.", "sourceNote": "Source Note: The provisions of this §12.186 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "66339", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.187", "label": "Reclamation Plan: General Requirements for Underground Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202419", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application shall contain a plan for the reclamation of the lands within the proposed permit area showing how the applicant will comply with §§134.091-134.109 and §134.015 of the Act and Subchapter K of this chapter (relating to Permanent Program Performance Standards). The plan shall include at a minimum, all information required under this section and §§12.188-12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan).(b) Each plan shall contain the following information for the proposed permit area:(1) a detailed timetable for the completion of each major step in the reclamation plan;(2) a detailed estimate of the cost of the reclamation of the proposed operations required to be covered by a performance bond under Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations), with supporting calculations for the estimates;(3) a plan for backfilling, soil stabilization, compacting and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with §§12.551-12.554 of this title (relating to Backfilling and Grading: General Requirements, to Backfilling and Grading: General Grading Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic- Forming Materials, and to Stabilization of Surface Areas for Underground Mining;(4) a plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of §§12.504-12.508 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil Amendments). A demonstration of the suitability of topsoil substitutes or supplements under this chapter (relating to Coal Mining Regulations) shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, and areal extent of the different kinds of soils. The Commission may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of topsoil substitutes or supplements;(5) a plan for revegetation as required in §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success), including, but not limited to, descriptions of the:(A) schedule of revegetation;(B) species and amounts per acre of seeds and seedlings to be used;(C) methods to be used in planting and seeding;(D) mulching techniques;(E) irrigation, if appropriate, and pest- and disease-control measures, if any;(F) measures proposed to be used to determine the success of revegetation as required in §12.560 of this title (relating to Revegetation: Standards for Success); and(G) a soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;(6) a description of the measures to be used to maximize the use and conservation of the coal resource as required in §12.525 of this title (relating to Coal Recovery);(7) a description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with §§12.542 and 12.553 of this title (relating to Disposal of Noncoal Wastes, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials), and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;(8) a description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells and other openings within the proposed permit area, in accordance with §§12.501-12.503 of this title (relating to Casing and Sealing of Exposed Underground Openings: General Requirements, to Casing and Sealing of Underground Openings: Temporary, and to Casing and Sealing of Underground Openings: Permanent); and(9) a description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), and other applicable air- and water-quality laws and regulations and health and safety standards.", "sourceNote": "Source Note: The provisions of this §12.187 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective September 14, 1999, 24 TexReg 7223." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202419", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.188", "label": "Reclamation Plan: Protection of Hydrologic Balance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7974", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. The application shall include a hydrologic reclamation plan, with appropriate maps and descriptions, indicating how the relevant requirements of this chapter (relating to Coal Mining Regulations), including §§12.509-12.511, 12.516, 12.518 and 12.519, and 12.520-12.524 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil, to Hydrologic Balance: Ground-Water Protection, to Hydrologic Balance: Surface-Water Protection, to Hydrologic Balance: Surface and Ground-Water Monitoring, to Hydrologic Balance: Transfer of Wells, to Hydrologic Balance: Water Rights and Replacement, to Hydrologic Balance: Discharge of Water Into an Underground Mine, and to Hydrologic Balance: Postmine Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities), will be met. The plan shall be specific to the local hydrologic conditions.(1) The plan shall contain the steps to be taken during mining and reclamation through bond release:(A) to minimize disturbances to the hydrologic balance within the permit and adjacent areas;(B) to prevent material damage outside the permit area;(C) to meet applicable federal and state water-quality laws and regulations; and(D) to protect the rights of present water users.(2) The plan shall specifically address any potential adverse hydrologic consequences identified in the PHC determination prepared under §§12.185-12.198 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan) and shall include preventive and remedial measures. The plan shall identify the measures to be taken to:(A) protect the quality of surface- and ground-water systems, both within the proposed permit area and adjacent areas, from the adverse effects of the proposed underground mining activities, or to provide alternative sources of water, in accordance with §12.176 and §12.521 of this title (relating to Alternative Water Supply Information, and to Hydrologic Balance: Water Rights and Replacement), where the protection of quality cannot be ensured;(B) protect or replace the rights of present users of surface and ground water;(C) protect the quantity of surface and ground water both within the proposed permit area and adjacent area from adverse effects of the proposed underground mining activities, or to provide alternative sources of water, in accordance with §12.176 and §12.521 of this title (relating to Alternative Water Supply Information, and to Hydrologic Balance: Water Rights and Replacement), where the protection of quantity cannot be ensured;(D) avoid acid or toxic drainage;(E) prevent, to the extent possible using the best technology currently available, additional contributions of sediment to streamflows;(F) provide water-treatment facilities when needed;(G) control drainage;(H) restore approximate premining recharge capacity; and(I) protect the quality of water by locating openings for mines in accordance with §12.518 of this title (relating to Hydrologic Balance: Underground Mine Entry and Access Discharges).(b) Ground-water monitoring plan.(1) The application shall include a ground-water monitoring plan based upon the PHC determination required under subsection (d) of this section and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmine land uses and to the objectives for protection of the hydrologic balance as set forth in subsection (a) of this section. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25 degrees C, pH, total iron, total manganese, and water levels shall be monitored and data submitted to the Commission at least every three months for each monitoring location. The Commission may require additional monitoring.(2) If the applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the cumulative impact area, then monitoring of that stratum may be waived by the Commission.(c) Surface-water monitoring plan.(1) The application shall include a surface-water monitoring plan based upon the PHC determination required under subsection (d) of this section and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmine land uses and to the objectives for protection of the hydrologic balance as set forth in subsection (a) of this section, as well as the effluent limitations found at 40 CFR Part 434.(2) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.(A) At all monitoring locations in the surface-water bodies such as streams, lakes, and impoundments that are potentially impacted or into which water will be discharged and at upstream monitoring locations, the total dissolved solids or specific conductance corrected to 25 degrees C, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.(B) For point-source discharges, monitoring shall be conducted in accordance with 40 CFR Parts 122, 123 and 434 and as required by the National Pollutant Discharge Elimination System permitting authority.(3) The monitoring reports shall be submitted to the Commission every three months. The Commission may require additional monitoring.(d) Probable hydrologic consequences determination.(1) The application shall contain a determination of the probable hydrologic consequences (PHC) of the proposed operation upon the quality and quantity of surface and ground water under seasonal flow conditions of the proposed permit and adjacent areas.(2) The PHC determination shall be based on baseline hydrologic, geologic, and other information collected for the permit application and may include data statistically representative of the site.(3) The PHC determination shall include findings on:(A) whether adverse impacts may occur to the hydrologic balance;(B) whether acid-forming materials are present that could result in contamination of surface- or ground-water supplies;(C) whether toxic-forming materials are present that could result in contamination of surface- or ground-water supplies;(D) whether the proposed operation may proximately result in contamination of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose;(E) whether the proposed operation may proximately result in diminution of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose;(F) whether the proposed operation may proximately result in interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and(G) what impact the proposed operation will have on:(i) sediment yield from the disturbed area;(ii) acidity, total suspended and dissolved solids, and other important water-quality parameters of local impact;(iii) flooding or streamflow alteration;(iv) ground- and surface-water availability; and(v) other characteristics as required by the Commission.(4) An application for a permit revision shall be reviewed by the Commission to determine whether a new or updated PHC determination shall be required.(5) If the PHC determination required by this subsection indicates adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under §12.174 and §12.175 of this title (relating to Ground-Water Information, and to Surface-Water Information), shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water quality and quantity characteristics. Information shall be provided on water availability and alternative water sources, including the suitability of alternative water sources for existing premining uses and approved postmining land uses.(6) If the PHC determination required by this subsection indicates that the proposed mining operation may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial or other legitimate purpose, then the Commission may require that the applicant provide information supplemental to that required under §12.176 (relating to Alternative Water Supply Information).(e) Cumulative hydrologic impact assessment.(1) The Commission shall provide a probable cumulative hydrologic impacts assessment (CHIA) of the proposed operation and all anticipated mining upon surface- and ground-water systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of permit approval, whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The Commission may allow the applicant to submit data and analyses relevant to the CHIA with the permit application.(2) An application for a permit revision shall be reviewed by the Commission to determine whether a new or updated CHIA shall be required.(f) Additional Requirements. Each plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and down-slope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.", "sourceNote": "Source Note: The provisions of this §12.188 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7974", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.189", "label": "Reclamation Plan: Postmining Land Uses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202420", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each plan shall contain a detailed description of the proposed use, following reclamation, of the land to be affected within the proposed permit area by surface operations or facilities, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land-use policies and plans. This description shall explain:(1) how the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;(2) where a land use different from the premining land-use is proposed, all materials needed for approval of the alternative use under §12.568 of this title (relating to Postmining Land Use); and(3) the consideration given to making all of the proposed underground mining activities consistent with surface-owner plans and applicable state and local land-use plans and programs.(b) The description shall be accompanied by a copy of the comments concerning the proposed use from the legal or equitable owner of record of the surface areas to be affected by surface operations or facilities within the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.", "sourceNote": "Source Note: The provisions of this §12.189 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202420", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.190", "label": "Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102774", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. Each application shall include a general plan for each proposed sedimentation pond, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.(1) Each general plan shall:(A) be prepared by or under the direction of and certified by a qualified professional engineer or by a qualified professional geoscientist with assistance from experts in related fields such as land surveying and landscape architecture;(B) contain a description, map, and cross section of the structure and its location;(C) contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;(D) contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and(E) contain a certification statement which includes a schedule setting forth the dates when any detailed design plans for structures that are not submitted with the general plan will be submitted to the Commission. The Commission shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins.(2) Each detailed design plan for a structure that meets or exceeds the size or other criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a) shall:(A) be prepared by or under the direction of and certified by a qualified professional engineer with assistance from experts in related fields such as geology, land surveying, and landscape architecture;(B) include any geotechnical investigation, design, and construction requirements for the structure;(C) describe the operation and maintenance requirements for each structure; and(D) describe the timetable and plans to remove each structure, if appropriate.(3) Each detailed design plan for a structure that does not meet the size or other criteria of 30 CFR 77.216(a) shall:(A) be prepared by or under the direction of and certified by a qualified professional engineer;(B) include any design and construction requirements for the structure, including any required geotechnical information;(C) describe the operation and maintenance requirements for each structure; and(D) describe the timetable and plans to remove each structure, if appropriate.(b) Sedimentation ponds.(1) Sedimentation ponds, whether temporary or permanent, shall be designed in compliance with the requirements of §12.514 of this title (relating to Hydrologic Balance: Sedimentation Ponds). Any sedimentation pond or earthen structure which will remain on the proposed permit area as a permanent water impoundment shall also be designed to comply with the requirements of §12.517 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments).(2) Each plan shall, at a minimum, comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2.(c) Permanent and temporary impoundments.(1) Permanent and temporary impoundments shall be designed to comply with the requirements of §12.517 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments).(2) Each plan for an impoundment meeting the size or other criteria of the Mine Safety and Health Administration shall comply with the requirements of 30 CFR 77.216-1 and 30 CFR 77.216-2. The plan required to be submitted to the District Manager of MSHA under 30 CFR 77.216 shall be submitted to the Commission as part of the permit application in accordance with subsection (a) of this section.(3) An impoundment not meeting the size or other criteria applicable under §12.517(a) of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments) shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions.(d) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of §§12.535-12.538 of this title (relating to Coal Mine Waste Banks: General Requirements, to Coal Mine Waste Banks: Site Inspection, to Coal Mine Waste Banks: Water-Control Measures, and to Coal Mine Waste Banks: Construction Requirements).(e) Coal mine waste dams and embankments. Coal mine waste dams and embankments shall be designed to comply with the requirements of §12.543 and §12.544 of this title (relating to Coal Mine Waste: Dams and Embankments: General Requirements, and to Coal Mine Waste: Dams and Embankments: Site Preparation). Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by a qualified professional engineer or qualified professional geoscientist, according to the following:(1) the number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;(2) the character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;(3) all springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and(4) consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.(f) If the structure is 20 feet or higher or impounds more than 20 acre-feet, each plan under subsections (b), (c), and (e) of this section shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation, with a discussion of each alternative considered in selecting the specific design parameters and construction methods.", "sourceNote": "Source Note: The provisions of this §12.190 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102774", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.191", "label": "Protection of Public Parks and Historic Places" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102775", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each plan shall describe the measures to be used:(1) to prevent adverse impacts; or(2) If a person has valid existing rights as determined under §12.72(c) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations), or if joint agency approval is to be obtained under §12.73(d) of this title (relating to Commission Obligations at Time of Permit Application Review), to minimize adverse impacts.(b) The Commission may require the applicant to protect historic and archeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.", "sourceNote": "Source Note: The provisions of this §12.191 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102775", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.192", "label": "Relocation or Use of Public Roads" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7979", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall describe, with appropriate maps and cross sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under §12.72(a) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations), the applicant seeks to have the Commission approve:(1) conducting the proposed surface mining activities within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or(2) relocating a public road.", "sourceNote": "Source Note: The provisions of this §12.192 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7979", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.193", "label": "Underground Development Waste/Return of Coal Processing Waste to Abandoned Underground Workings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27376", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Underground Development Waste. Each plan shall contain descriptions, including appropriate maps and cross-section drawings of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations and facilities, according to §§12.531-12.534 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: General Requirements, to Disposal of Underground Development Waste and Excess Spoil: Valley fills, to Disposal of Underground Development Waste and Excess Spoil: Head-of-Hollow Fills, and to Disposal of Underground Development Waste and Excess Spoil: Durable Rock Fills). Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the structures and be prepared according to §12.153 of this title (relating to Disposal of Excess Spoil).(b) Return of Coal Processing Waste to Abandoned Underground Workings.(1) Each plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the Commission and the Mine Safety and Health Administration under §12.541 of this title (relating to Coal Processing Waste: Return to Underground Workings).(2) Each plan shall describe the source and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water if released to surface streams, and the effect on the hydrologic regime.(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.(5) The requirements of paragraphs (1)-(4) of this subsection shall also apply to pneumatic backfilling operations, except where the operations are exempted by the Commission from requirements specifying hydrologic monitoring.", "sourceNote": "Source Note: The provisions of this §12.193 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27376", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.194", "label": "Subsidence Control Plan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7978", "queryAsDate": "03/11/2026" }, "ruleBody": "The application shall include a survey which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent area and whether subsidence if it occurred could cause material damage or diminution of reasonably foreseeable use of such structures or renewable resource lands. If the survey shows that no such structures or renewable resource lands exist, or no such material damage or diminution could be caused in the event of mine subsidence, and if the Commission agrees with such conclusion, no further information need be provided in the application under this section. In the event the survey shows such structures or renewable resource lands exist and that subsidence could cause material damage or diminution of value or foreseeable use of the land, or if the Commission determines that such damage or diminution could occur, the application shall include a subsidence plan which shall contain the following information:(1) a detailed description of the mining method and other measures to be taken which may affect subsidence, including:(A) the technique of coal removal, such as longwall mining, room and pillar with pillar removal, hydraulic mining or other methods;(B) the extent, if any, to which planned and controlled subsidence is intended; and(C) a description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood and extent of subsidence and subsidence-related damage.(2) a detailed description of the measures to be taken to prevent subsidence from causing material damage or lessening the value or reasonably foreseeable use of the surface, including:(A) the anticipated effects of planned subsidence, if any;(B) measures, if any, to be taken in the mine to reduce the likelihood of subsidence, including such measures as:(i) backstowing or backfilling of voids;(ii) leaving support pillars of coal; and(iii) areas in which no real coal removal is planned, including a description of the overlying area to be protected by leaving coal in place; and(C) Measures to be taken on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface including such measures as:(i) reinforcement of sensitive structures or features;(ii) installation of footers designed to reduce damage caused by movement;(iii) change of location of pipelines, utility lines or other features;(iv) relocation of movable improvements to sites outside the angle-of-draw; and(v) monitoring, if any, to determine the commencement and degree of subsidence so that other appropriate measures can be taken to prevent or reduce material damage;(3) a detailed description of the measures to be taken to mitigate the effects of any material damage or diminution of value or foreseeable use of lands which may occur, including one or more of the following as required by §12.564 of this title (relating to Subsidence Control: Surface-Owner Protection):(A) restoration or rehabilitation of structures and features, including approximate land-surface contours, to premining condition;(B) replacement of structures destroyed by subsidence;(C) purchase of structures prior to mining and restoration of the land after subsidence to condition capable of supporting and suitable for the structures and foreseeable land uses; and(D) purchase of non-cancellable insurance policies payable to the surface owner in the full amount of the possible material damage or other comparable measures;(4) a detailed description of measures to be taken to determine the degree of material damage or diminution of value or foreseeable use of the surface, including such measures as:(A) the results of pre-subsidence surveys of all structures and surface features which might be materially damaged by subsidence; and(B) monitoring, if any, proposed to measure deformations near specified structures or features or otherwise as appropriate for the operation;(5) a map of underground workings which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraph (2) of this section will be taken to prevent or minimize subsidence and subsidence-related damage; and(6) other information specified by the Commission as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of §§12.562-12.565 of this title (relating to Subsidence Control: General Requirements, to Subsidence Control: Public Notice, to Subsidence Control: Surface-Owner Protection, and to Subsidence Control: Buffer Zones).", "sourceNote": "Source Note: The provisions of this §12.194 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7978", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.195", "label": "Fish and Wildlife Plan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "24734", "queryAsDate": "03/11/2026" }, "ruleBody": "Protection and enhancement plan. Each application shall contain a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations, and how enhancement of these resources will be achieved, where practicable. This description shall:(1) be consistent with the requirements of §12.547 of this title (relating to Protection of Fish, Wildlife, and Related Environmental Values);(2) apply, at a minimum, to species and habitats identified under §12.179(a) of this title (relating to Fish and Wildlife Resources Information); and(3) include:(A) protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and power lines, and the monitoring of surface-water quality and quantity; and(B) enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the placement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.", "sourceNote": "Source Note: The provisions of this §12.195 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "24734", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.196", "label": "Diversions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202421", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain descriptions, including maps and cross sections, of stream-channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with §12.511 of this title (relating to Hydrologic Balance: Diversions).", "sourceNote": "Source Note: The provisions of this §12.196 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202421", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.197", "label": "Operation Plan: Maps and Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202422", "queryAsDate": "03/11/2026" }, "ruleBody": "Each application shall contain maps, plans, and cross sections of the proposed permit and adjacent areas as follows:(1) the maps, plans and cross sections shall show the underground mining activities to be conducted, the lands to be affected throughout the operation, and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under §12.182 and §12.183 of this title (relating to Maps: General Requirements, and to Cross Sections, Maps, and Plans);(2) the following shall be shown for the proposed permit area unless specifically required for the permit and adjacent area by the requirements of this section:(A) buildings, utility corridors, and facilities to be used;(B) the area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation;(C) each area of land for which a performance bond or other equivalent guarantee will be posted under Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations);(D) each coal storage, cleaning and loading area;(E) each topsoil, spoil, coal preparation waste, underground development waste, and noncoal waste storage area;(F) each water diversion, collection, conveyance, treatment, storage and discharge facility to be used;(G) each source of waste and each waste-disposal facility relating to coal processing or pollution control;(H) each facility to be used to protect and enhance fish and wildlife related environmental values;(I) each explosive storage and handling facility;(J) location of each sedimentation pond, permanent water impoundment, coal mine waste bank, and coal mine waste dam and embankment, in accordance with §12.190 of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments) and disposal areas for underground development waste and excess spoil in accordance with §12.193 of this title (relating to Underground Development Waste/Return of Coal Processing Waste to Underground Workings);(K) each profile, at cross sections specified by the Commission of the anticipated final surface configuration to be achieved for the affected areas;(L) location of each water and subsidence monitoring point; and(M) location of each facility that will remain on the proposed permit area as a permanent feature, after the completion of underground mining activities.(3) except as provided in §§12.190(a)(2) and (3), 12.193(a), 12.531(b), 12.534(b)(1), and 12.535(c) of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments, to Underground Development Waste/Return of Coal Processing Waste to Underground Workings, to Disposal of Underground Development Waste and Excess Spoil: General Requirements, to Disposal of Underground Development Waste and Excess Spoil: Durable Rock Fills, and to Coal Mine Waste Banks: General Requirements), maps, plans, and cross-sections required under paragraph (2)(D)-(F), (J), and (K) of this subsection shall be prepared by, or under the direction of, and certified by a qualified professional engineer, or qualified professional geoscientist, with assistance from experts in related fields such as land surveying and landscape architecture; and(4) a description of and plans and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with §12.572 of this title (relating to Support Facilities) for each facility.", "sourceNote": "Source Note: The provisions of this §12.197 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202422", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.198", "label": "Road Systems and Support Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "66340", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Plans and drawings. Each applicant for an underground coal mining and reclamation permit shall submit plans and drawings for each road, as defined in §12.3 of this title (relating to Definitions), to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall:(1) include a map, appropriate cross sections, design drawings, and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;(2) contain the drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the Commission in accordance with §12.569(d)(1) of this title (relating to Roads: General);(3) contain the drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the Commission in accordance with §12.570(3)(B) of this title (relating to Primary Roads);(4) contain a description of measures to be taken to obtain approval of the Commission for alteration or relocation of a natural stream channel under §12.570(4)(E) of this title (relating to Primary Roads);(5) contain the drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the Commission can maximize the protection of the stream in accordance with §12.570(4)(F) of this title (relating to Primary Roads); and(6) describe the plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.(b) Primary road certification. The plans and drawings for each primary road shall be prepared by, or under the direction of, and certified by a qualified professional engineer as meeting the requirements of this chapter (relating to Coal Mining Regulations); current, prudent engineering practices; and any design criteria established by the Commission.(c) Support facilities. Each applicant for an underground coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with §12.572 of this title (relating to Support Facilities) for each facility.", "sourceNote": "Source Note: The provisions of this §12.198 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "66340", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.199", "label": "Air Pollution Control Plan for Underground Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "337", "queryAsDate": "03/11/2026" }, "ruleBody": "For all surface operations associated with underground mining activities, the application shall contain an air pollution control plan which includes the following:(1) an air-quality monitoring program, if required by the Commission to provide sufficient data to evaluate the effectiveness of the fugitive-dust control practices, under paragraph (2) of this section to comply with applicable federal and state air-quality standards; and(2) a plan for fugitive-dust control practices as required under §12.554 of this title (relating to Stabilization of Surface Areas for Underground Mining).", "sourceNote": "Source Note: The provisions of this §12.199 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective September 14, 1999, 24 TexReg 7223." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "337", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.200", "label": "Experimental Practices Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "338", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Experimental practices provide a variance from the environmental protection performance standards of the Act and Subchapter K of this chapter (relating to Permanent Program Performance Standards) for experimental or research purposes, or to allow an alternative postmining land use. They may be undertaken if they are approved by the Commission and the Director and if they are incorporated in a permit revision issued in accordance with the requirements of Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems).(b) No person shall engage in or maintain any experimental practice, unless that practice is first approved in a permit by the Commission and the Director.(c) Each person who desires to conduct an experimental practice shall submit a permit application which contains descriptions, maps, plans, and data which show:(1) the nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and any special monitoring which will be conducted;(2) how use of the experimental practice encourages advances in mining and reclamation technology or, allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities) on an experimental basis;(3) that the mining and reclamation operations proposed for using an experimental practice are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;(4) that the experimental practice:(A) is potentially more or at least as environmentally protective during and after the proposed mining and reclamation operations, as those required under Subchapter K of this chapter (relating to Permanent Program Performance Standards); and(B) will not reduce the protection afforded public health and safety below that provided by the requirements of Subchapter K of this chapter (relating to Permanent Program Performance Standards); and(5) that the applicant will conduct monitoring of the effects of the experimental practice. The monitoring program shall ensure the collection, analysis, and reporting of reliable data that are sufficient to enable the Commission and the Director to:(A) evaluate the effectiveness of the experimental practice; and(B) identify, at the earliest possible time, potential risk to the environment and public health and safety which may be caused by the experimental practice during and after mining.(d) Each application shall set forth the environmental protection performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards) which will be implemented, in the event the objective of the experimental practice is a failure.(e) All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the Commission required under §12.207 of this title (relating to Public Notices of Filing of Permit Applications).(f) No permit authorizing an experimental practice shall be issued, unless the Commission first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of this section and the comments of the Director, that:(1) the experimental practice meets all of the requirements of subsection (c)(2)-(5) of this section;(2) the experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved;(3) the experimental practice has been specifically approved, in writing, by the Director, based on his or her findings that all of the requirements of subsection (c)(1)-(5) of this section will be met; and(4) the permit contains conditions which specifically:(A) limit the experimental practice authorized to that granted by the Commission and the Director.(B) impose enforceable alternative environmental protection requirements; and(C) require the person to conduct the periodic monitoring, recording and reporting program set forth in the application, with such additional requirements as the Commission or the Director may require.(g) Experimental practices granting variances from the special environmental protection performance standards of this chapter (relating to Coal Mining Regulations) and of the Act applicable to prime farmland shall be approved only after consultation with the U.S. Department of Agriculture, Natural Resources Conservation Service.(h) Each experimental practice shall be reviewed by the Commission as set forth in the approved permit, but no less frequently than every 2 1/2 years. After review, the Commission may require such reasonable modifications of the experimental practice necessary to ensure that the operations involved are conducted to fully protect the environment and the public health and safety. Copies of the decision of the Commission shall be sent to the permittee and shall be subject to administrative and judicial review.(i) Revisions or modifications to an experimental practice shall be processed in accordance with the requirements of this chapter (relating to Coal Mining Regulations) and approved by the Commission. Any revisions which propose significant alterations in the experimental practice shall, at a minimum, be subject to the notice, hearing, and public participation requirements of this chapter (relating to Coal Mining Regulations) and concurrence by the Director. Revisions that do not propose significant alterations in the experimental practice shall not require concurrence by the Director.", "sourceNote": "Source Note: The provisions of this §12.200 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "338", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.201", "label": "Prime Farmland" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26312", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmlands historically used for cropland. Areas where mining is authorized under permits issued or mining plans approved prior to August 3, 1977, are exempt from the prime farmland reconstruction standards.(b) Application contents for prime farmland. If land within the proposed permit area is identified as prime farmland under §§12.138 or 12.184 of this title (relating to Prime Farmland Investigation), the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:(1) a soil survey of the permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in U.S. Department of Agriculture Handbook 436 (Soil Taxonomy, 1975) as amended on March 22, 1982 and October 5, 1982, and Handbook 18 (Soil Survey Manual, 1951), as amended on December 18, 1979, May 7, 1980, May 9, 1980, September 11, 1980, June 9, 1981, June 29, 1981, and November 16, 1982. The U.S. Natural Resources Conservation Service establishes the standards of the National Cooperative Soil Survey and maintains a National Soils Handbook which gives current acceptable procedures for conducting soil surveys. This National Soils Handbook is available for review at area and state NRCS offices.(A) U.S. Department of Agriculture Handbooks 436 (Soil Taxonomy) and 18 (Soil Survey Manual) are on file and available for inspection at the Surface Mining and Reclamation Division, Railroad Commission of Texas, 1701 N. Congress Avenue, Austin, Texas.(B) The soil survey shall include a description of soil mapping units and a representative soil profile as determined by the U.S. Natural Resources Conservation Service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area unless other representative soil-profile descriptions from the locality, prepared according to the standards of the National Cooperative Soil Survey, are available and their use is approved by the principal officer in Texas of the U.S. Natural Resources Conservation Service, and by the Commission. The Commission may require the operator to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil-reconstruction standards of §§12.620-12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland);(2) a plan for soil reconstruction, replacement, and stabilization for the purpose of establishing the technological capability of the mine operator to comply with the requirements of §§12.620-12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland);(3) scientific data, such as agricultural school studies, for areas with comparable soils, climate, and management (including water management) that demonstrate that the proposed method of reclamation, including the use of soil mixtures or substitutes, if any, will achieve, within a reasonable time, levels of yield equivalent to, or higher than, those of nonmined prime farmland in the surrounding area;(4) the productivity prior to mining, including the average yield of food, fiber, forage, or wood products obtained under a high level of management; and(5) in all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to §12.201(b)(1) of this title (relating to Prime Farmland).(c) Consultation with Secretary of Agriculture.(1) The Secretary of Agriculture has assigned the responsibilities under this section to the chief of the U.S. Natural Resources Conservation Service. The federal official who is responsible to the chief of the U.S. Natural Resources Conservation Service for its program in Texas currently has the title of State Conservationist. The State Conservationist is the principal officer in Texas of the U.S. Natural Resources Conservation Service and is responsible for consultation and review of plans submitted under this section.(2) Before any permit is issued for areas that include prime farmland, the Commission shall consult with the principal officer in Texas of the U.S. Natural Resources Conservation Service. The principal officer in Texas of the U.S. Natural Resources Conservation Service shall provide for the review of, and comment on, the proposed method of soil reconstruction in the plan submitted under subsection (b) of this section. If the principal officer in Texas of the U.S. Natural Resources Conservation Service considers those methods to be inadequate, he or she shall suggest revisions to the Commission which result in more complete and adequate reconstruction.(d) Issuance of permit. A permit for the mining and reclamation of prime farmland may be granted by the Commission, if it first finds, in writing, upon the basis of a complete application, that:(1) the approved proposed postmining land use of these prime farmlands will be cropland;(2) the permit incorporates as specific conditions the contents of the plan submitted under subsection (b) of this section, after consideration of any revisions to that plan suggested by the principal officer in Texas of the U.S. Natural Resources Conservation Service under subsection (c) of this section; and(3) the applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and(4) The proposed operations will be conducted in compliance with the requirements of §§12.620-12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland) and other environmental protection performance and reclamation standards for mining and reclamation of prime farmland of the regulatory program.(5) The aggregate total prime farmland acreage shall not be decreased from that which existed prior to mining. Water bodies, if any, to be constructed during mining and reclamation operations, shall be located within the post-reclamation non-prime farmland portions of the permit area. The creation of any such water bodies shall be approved by the Commission and the consent of all affected property owners within the permit area shall be obtained.", "sourceNote": "Source Note: The provisions of this §12.201 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26312", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.202", "label": "Surface Coal Mining and Reclamation Operations on Areas or Adjacent to Areas Including Alluvial Valley Floors in the Arid or Semiarid Areas West of the 100th Meridian" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7980", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Alluvial valley floor determination.(1) Before applying for a permit to conduct, or before conducting surface coal mining and reclamation operations within a valley holding a stream or in a location where the adjacent area includes any stream in the arid or semiarid regions of the United States, the applicant shall either affirmatively demonstrate, based on available data, the presence of an alluvial valley floor, or submit to the Commission the results of a field investigation of the proposed permit area and adjacent area. The field investigations shall include sufficiently detailed geologic, hydrologic, land-use, soils, and vegetation studies on areas required to be investigated by the Commission, after consultation with the applicant, to enable the Commission to make an evaluation regarding the existence of the probable alluvial valley floor in the proposed permit area or adjacent area and to determine which areas, if any, require more detailed study in order to allow the Commission to make a final determination regarding the existence of an alluvial valley floor. Studies performed during the investigation by the applicant or subsequent studies as required of the applicant by the Commission, shall include an appropriate combination, adapted to site-specific conditions, of:(A) mapping of unconsolidated stream-laid deposits holding streams including, but not limited to, geologic maps of unconsolidated deposits and stream-laid deposits, maps of stream delineation of surface watersheds and directions of shallow ground-water flows through and into the unconsolidated deposits, topography showing local and regional terrace levels, and topography of terraces, flood plains and channels showing surface drainage patterns;(B) mapping of all lands included in the area in accordance with this paragraph and subject to agricultural activities, showing the area in which different types of agricultural lands, such as flood irrigated lands, pasture lands and undeveloped rangelands, exist, and accompanied by measurements of vegetation in terms of productivity and type;(C) mapping of all lands that are currently or were historically flood irrigated, showing the location of each diversion structure, ditch, dam and related reservoir, irrigated land, and topography of those lands;(D) documentation that areas identified in this paragraph are, or are not, subirrigated, based on ground-water monitoring data, representative water-quality soil-moisture measurements, and measurements of rooting depth, soil mottling, and water requirements of vegetation;(E) documentation, based on representative sampling, that areas identified under this paragraph are, or are not, flood irrigable, based on streamflow, water quality, water yield, soil measurements, and topographic characteristics; and(F) analysis of a series of aerial photographs, including color infrared imagery flown at a time of year to show any late summer and fall differences between upland and valley floor vegetative growth and of a scale adequate for reconnaissance identification of areas that may be alluvial valley floors.(2) Based on the investigations conducted under paragraph (1) of this subsection, the Commission shall make a determination of the extent of any alluvial valley floors within the study area and whether any stream in the study area may be excluded from further consideration as lying within an alluvial valley floor. The Commission shall determine that an alluvial valley floor exists if it finds that:(A) unconsolidated stream-laid deposits holding streams are present; and(B) there is sufficient water to support agricultural activities as evidenced by:(i) the existence of flood irrigation in the area in question or its historical use;(ii) the capability of an area to be flood irrigated, based on stream-flow water yield, soils, water quality, and topography; or(iii) subirrigation of the lands in question, derived from the ground-water system of the valley floor.(b) Application contents for operations affecting designated alluvial valley floors.(1) If land within the proposed permit area or adjacent area is identified as an alluvial valley floor and the proposed mining operation may affect an alluvial valley floor or waters that supply alluvial valley floors, the applicant shall submit a complete application for the proposed mining and reclamation operations, to be used by the Commission, together with other relevant information, including the information required by subsection (a) of this section, as a basis for approval or denial of the permit. The complete application shall include detailed surveys and baseline data required by the Commission for a determination of:(A) the essential hydrologic functions of the alluvial valley floor which might be affected by the mining and reclamation process;(B) the significance of the area to be affected to agricultural activities;(C) whether the operation will cause, or presents an unacceptable risk of causing, material damage to the quantity or quality of surface or ground waters that supply the alluvial valley floor;(D) the effectiveness of proposed reclamation with respect to requirements of the Act and this chapter (relating to Coal Mining Regulations); and(E) specific environmental monitoring required to measure compliance with §§12.610-12.613 of this title (relating to Alluvial Valley Floors: Monitoring) during and after mining and reclamation operations.(2) Information required under this subsection shall include, but not be limited to:(A) geologic data, including geologic structure, surficial geologic maps, and geologic cross-sections;(B) soils and vegetation data, including a detailed soil survey and chemical and physical analyses of soils, a vegetation map and narrative descriptions of quantitative and qualitative surveys, and land-use data, including an evaluation of crop yields;(C) surveys and data required under this subsection for areas designated as alluvial valley floors because of their flood irrigation characteristics shall also include, at a minimum, surface hydrologic data, including streamflow runoff, sediment yield, and water-quality analyses describing seasonal variations over at least 1 full year, field geomorphic surveys and other geomorphic studies;(D) surveys and data required under this subsection for areas designated as alluvial valley floors because of their subirrigation characteristics, shall also include, at a minimum, geohydrologic data including observation well establishment for purposes of water-level measurements, ground-water contour maps, testing to determine aquifer characteristics that affect waters supplying the alluvial valley floors, well and spring inventories, and water-quality analyses describing seasonal variations over at least 1 full year, and physical and chemical analysis of overburden to determine the effect of the proposed mining and reclamation operations on water quality and quantity;(E) plans showing how the operation will avoid, during mining and reclamation, interruption, discontinuance or preclusion of farming on the alluvial valley floors unless the premining land use has been undeveloped rangeland which is not significant to farming and will not materially damage the quantity or quality of water in surface- and ground-water systems that supply alluvial valley floors;(F) maps showing farms that could be affected by the mining and, if any farm includes an alluvial valley floor, statements of the type and quantity of agricultural activity performed on the alluvial valley floor and its relationship to the farm's total agricultural activity including an economic analysis; and(G) such other data as the Commission may require.(3) The information required by paragraph (1) of this subsection shall evaluate those factors which contribute to the collecting, storing, regulating and making natural flow of water available for agricultural activities on the alluvial valley floor and shall include, but not be limited to:(A) factors contributing to the function of collecting water which include, but are not limited to:(i) the amount and rate of runoff and a water balance analysis, with respect to rainfall, evapotranspiration, infiltration and ground-water recharge;(ii) the relief, slope, and density of the network of drainage channels;(iii) the infiltration, permeability, porosity and transmissivity of unconsolidated deposits of the valley floor that either constitute the aquifer associated with the stream or lie between the aquifer and the stream; and(iv) other factors that affect the interchange of water between surface streams and ground-water systems, including the depth to ground water, the direction of ground-water flow, the extent to which the stream and associated alluvial ground-water aquifers provide recharge to, or are recharged by, bedrock aquifers;(B) factors contributing to the function of storing water which include, but are not limited to:(i) surface roughness, slope, and vegetation of the channel, floodplain, and low terraces that retard the flow of surface waters;(ii) porosity, permeability, water-holding capacity, saturated thickness and volume of aquifers associated with streams, including alluvial aquifers, perched aquifers, and other water-bearing zones found beneath valley floors; and(iii) moisture held in soils or the plant growth medium within the alluvial valley floor, and the physical and chemical properties of the subsoil that provide for sustained vegetation growth or cover during extended periods of low precipitation;(C) factors contributing to the function of regulating the flow of water which include, but are not limited to:(i) the geometry and physical character of the valley, expressed in terms of the longitudinal profile and slope of the valley and the channel, the sinuosity of the channel, the cross-section, slopes and proportions of the channels, flood plains and low terraces, the nature and stability of the stream banks and the vegetation established in the channels and along the stream banks and flood plains;(ii) the nature of surface flows as shown by the frequency and duration of flows of representative magnitude including low flows and floods; and(iii) the nature of interchange of water between streams, their associated alluvial aquifers and any bedrock aquifers as shown by the rate and amount of water supplied by the stream to associated alluvial and bedrock aquifers (i.e., recharge) and by the rates and amounts of water supplied by aquifers to the stream (i.e., baseflow); and(D) factors which make water available and which include, but are not limited to, the presence of landforms, including floodplains and terraces, suitable for agricultural activities.(c) Requirements for approval.(1) No permit or permit revision application for surface coal mining and reclamation operations on lands located west of the one hundredth meridian west longitude, shall be approved by the Commission, unless the application demonstrates and the Commission finds in writing, on the basis of information set forth in the application that:(A) the proposed operation would not interrupt, discontinue, or preclude farming on an alluvial valley floor, unless the premining land use has been undeveloped range land which is not significant to farming on the alluvial valley floor, or unless the area of an affected alluvial valley floor is small and provides, or may provide, negligible support for production of one or more farms; provided, however, this subparagraph does not apply to those lands which were identified in a reclamation plan approved by the state prior to August 3, 1977, for any surface coal mining and reclamation operation that, in the year preceding August 3, 1977:(i) produced coal in commercial quantities and was located within or adjacent to alluvial valley floors; or(ii) obtained specific permit approval by the Commission to conduct surface coal mining and reclamation operations within an alluvial valley floor;(B) the proposed operations would not materially damage the quantity and quality of water in surface and underground water systems that supply those alluvial valley floors or portions of alluvial valley floors which are:(i) included in subparagraph (A) of this paragraph; or(ii) outside the permit area of an existing or proposed surface coal mining operation;(C) the proposed operations would be conducted in accordance with §§12.610-12.613 of this title (relating to Special Permanent Program Performance Standards--Operations in Alluvial Valley Floors) and all other applicable requirements of the Act and this chapter (relating to Coal Mining Regulations); and(D) any change in the land use of the lands covered by the proposed permit area from its premining use in or adjacent to alluvial valley floors will not interfere with or preclude the reestablishment of the essential hydrologic functions of the alluvial valley floor.(2) The significance of the impact of the proposed operations on farming will be based on the relative importance of the vegetation and water of the developed grazed or hayed alluvial valley floor area to the farm's production, or any more stringent criteria established by the Commission as suitable for site-specific protection of agricultural activities in alluvial valley floors. The effect of the proposed operations on farming will be concluded to be significant if they would remove from production, over the life of the mine, a proportion of the farm's production that would decrease the expected annual income from agricultural activities normally conducted at the farm.(3) Criteria for determining whether a surface coal mining operation will materially damage the quantity or quality of waters subject to subparagraphs (A) and (B) of this paragraph include, but are not limited to:(A) potential increases in the concentration of total dissolved solids of waters supplied to an alluvial valley floor, as measured by specific conductance in millimhos, to levels above the threshold value at which crop yields decrease, as specified in Maas and Hoffman, Crop Salt Tolerance--Current Assessment, Table 1, A Salt Tolerance of Agricultural Crops, unless the applicant demonstrates compliance with subparagraph (B) of this paragraph.(i) Salt tolerances for agricultural crops have been published by E.V. Maas and G.J. Hoffman, in a paper titled Crop Salt Tolerance--Current Assessment, contained in The Journal of The Irrigation and Drainage Division, American Society of Civil Engineers, pages 115 through 134, June, 1977. Table 1, giving threshold salinity values is presented on pages 122 through 125.(ii) The Maas and Hoffman publication is on file and available for inspection at the Surface Mining and Reclamation Division Office, Railroad Commission of Texas, 1701 N. Congress Avenue, Austin, Texas 78711;(B) potential increases in the concentration of total dissolved solids of waters supplied to an alluvial valley floor in excess of those specified by Maas and Hoffman shall not be allowed unless the applicant demonstrates, through testing related to the production of crops grown in the locality, that the proposed operations will not cause increases that will result in crop yield decreases;(C) for types of vegetation not listed in Maas and Hoffman as specified by the Commission, based upon consideration of observed correlation between total dissolved solids concentrations in water and crop yield declines, taking into account the accuracy of the correlations;(D) potential increases in the average depth to water-saturated zones (during the growing season) located within the root zone of the alluvial valley floor that would reduce the amount of subirrigation land compared to pre-mining conditions;(E) potential decrease in surface flows that would reduce the amount of irrigable land compared to pre-mining conditions; and(F) potential changes in the surface- or ground-water systems that reduce the area available to agriculture as a result of flooding or increased saturation of the root zone.(4) For the purposes of this subsection, a farm is one or more land units on which agricultural activities are conducted. A farm is generally considered to be the combination of land units with acreage and boundaries in existence prior to August 3, 1977, or, if established after August 3, 1977, with those boundaries based on enhancement of the farm's agricultural productivity and not related to surface coal mining operations.", "sourceNote": "Source Note: The provisions of this §12.202 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7980", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.203", "label": "Augering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7983", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing augering methods.(b) Any application for a permit for operations covered by this section shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with §12.600 of this title (relating to Auger Mining: Additional Performance Standards).(c) No permit shall be issued for any operations covered by this section unless the Commission finds, in writing, that in addition to meeting all other applicable requirements of this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems), the operation will be conducted in compliance with §12.600 of this title (relating to Auger Mining: Additional Performance Standards).", "sourceNote": "Source Note: The provisions of this §12.203 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7983", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.204", "label": "Coal Processing Plants or Support Facilities Not Located Within the Permit Area of a Specified Mine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7985", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing coal processing plants or support facilities not within a permit area of a specific mine. Any person who operates such a processing plant or support facility shall have obtained a permit from the Commission in accordance with the requirements of this section.(b) Any application for a permit for operations covered by this section shall contain, in the mining and reclamation plan, specific plans, including descriptions, maps and cross sections of the construction, operation, maintenance and removal of the processing plants and associated support facilities. The plan shall demonstrate that those operations will be conducted in compliance with §§12.650 and 12.651 of this title (relating to Special Permanent Program Performance Standards--Coal Processing Plants and Support Facilities Not Located At or Near the Minesite Or Not Within the Permit Area For a Mine).(c) No permit shall be issued for any operation covered by this section, unless the Commission finds, in writing, that, in addition to meeting all other applicable requirements of this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems), the operations will be conducted in compliance with the requirements of §§12.650 and 12.651 of this title (relating to Special Permanent Program Performance Standards--Coal Processing Plants and Support Facilities Not Located At or Near the Minesite Or Not Within the Permit Area For a Mine).", "sourceNote": "Source Note: The provisions of this §12.204 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7985", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.205", "label": "In Situ Processing Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165980", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing in situ processing activities.(b) Any application for a permit for operations covered by this section shall be made according to all requirements of this subchapter applicable to underground mining activities. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing how those operations will be conducted in compliance with the requirements of §§12.660 and 12.661 of this title (relating to Special Permanent Program Performance Standards--In Situ Processing), including:(1) delineation of proposed holes and wells and production zone for approval of the Commission;(2) specifications of drill holes and casings proposed to be used;(3) a plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids, or liquids constituting a fire, health, safety or environmental hazard caused by the mining and recovery process; and(4) plans for monitoring surface and ground water and air quality, as required by the Commission.(c) No permit shall be issued for operations covered by this section, unless the Commission first finds, in writing, upon the basis of a complete application made in accordance with subsection (b) of this section, that the operation will be conducted in compliance with all requirements of this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems) relating to underground mining activities, and §§12.500-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities), and to §§12.660 and 12.661 of this title (relating to Special Permanent Program Performance Standards--In Situ Processing).", "sourceNote": "Source Note: The provisions of this §12.205 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165980", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.206", "label": "Mining in Previously Mined Areas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202423", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a permit to conduct surface coal mining operations on lands eligible for remining must comply with this section.(b) The application shall be made according to all requirements of this subchapter applicable to surface coal mining and reclamation operations and shall:(1) to the extent not otherwise addressed in the permit application, identify potential environmental and safety problems related to prior mining activity at the site and that could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions; and(2) with regard to potential environmental and safety problems referred to in paragraph (1) of this subsection, describe the mitigative measures that will be taken to ensure that the applicable reclamation requirements of the regulatory program will be met.", "sourceNote": "Source Note: The provisions of this §12.206 adopted to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202423", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.207", "label": "Public Notices of Filing of Permit Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7976", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a permit shall place an advertisement in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operations at least once a week for four consecutive weeks. The applicant shall place the advertisement in the newspaper at the same time the complete permit application is filed with the Commission. The advertisement shall contain, at a minimum, the following information:(1) the name and business address of the applicant;(2) a map or description which shall:(A) clearly show or describe towns, rivers, streams, or other bodies of water, local landmarks, and any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;(B) clearly show or describe the exact location and boundaries of the proposed permit area;(C) state the name of the U.S. Geological Survey 7.5-minute quadrangle map(s) which contains the area shown or described; and(D) if a map is used, indicate the north point;(3) the location where a copy of the application is available for public inspection under subsection (d)(1) of this section;(4) the name and address of the Commission to which written comments, objections, or requests for a public hearing or informal conference on the application may be submitted under §§12.208-12.210 of this title (relating to Opportunity for Submission of Written Comments on Permit Applications, to Right to File Written Objections, and to Public Availability of Information in Permit Applications on File With the Commission); and(5) if an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate or close a public road, except where public notice and hearing has previously been provided for this particular part of the road in accordance with §12.72(a) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations), a concise statement describing the public road, the particular part to be relocated or closed, where the relocation or closure is to occur, and the duration of the relocation or closure.(b) Upon receipt of a complete application for a permit, the Commission shall issue written notification of:(1) the applicant's intention to surface mine a particularly described tract of land;(2) the application number;(3) where a copy of the application may be inspected; and(4) where comments on the application may be submitted under §12.208 of this title (relating to Opportunity for Submission of Written Comments on Permit Applications).(c) The written notifications shall be sent to:(1) The following State and federal agencies:(A) Texas Commission on Environmental Quality;(B) Texas Historical Commission;(C) University of Texas Bureau of Economic Geology;(D) Texas State Soil and Water Conservation Board;(E) Texas Parks and Wildlife Department;(F) Texas General Land Office;(G) U.S. Natural Resources Conservation Service;(H) U.S. Fish and Wildlife Service; and(I) Office of Surface Mining--Regional Office;(2) federal, state and local government agencies with jurisdiction over or an interest in the area of the proposed operations, including, but not limited to, general governmental entities and fish and wildlife and historic preservation agencies;(3) governmental planning agencies with jurisdiction to act with regard to land use, air, or water quality planning in the area of the proposed operations;(4) sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment, or distribution facilities located in these areas; and(5) the federal or state governmental agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application.(d) The applicant shall:(1) make a full copy of his or her complete application for a permit available for the public to inspect and copy. This shall be done by filing a copy of the application submitted to the Commission with the County Clerk at the courthouse of the county where the mining is proposed to occur, or if approved by the Commission, at another equivalent public office; and(2) file the copy of the complete application under paragraph (1) of this subsection by the first date of newspaper advertisement of the application. The applicant shall file any subsequent revision of the application with the County Clerk or other approved public office at the same time the revision is submitted to the Commission.", "sourceNote": "Source Note: The provisions of this §12.207 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective June 9, 2003, 28 TexReg 4412; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7976", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.208", "label": "Opportunity for Submission of Written Comments on Permit Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "339", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Written comments on permit applications may be submitted to the Commission by the public entities to whom notification is provided under §§12.207(b) and (c) of this title (relating to Public Notices of Filing of Permit Applications) with respect to the effects of the proposed mining operations on the environment within their area of responsibility.(b) These comments shall be submitted to the Commission within 30 days after the last publication of the newspaper notice.(c) The Commission shall immediately transmit a copy of all such comments for filing and public inspection at the public office where the applicant filed a copy of the application for permit under §12.207(d) of this title (relating to Public Notices of Filing of Permit Applications). A copy shall also be transmitted to the applicant.", "sourceNote": "Source Note: The provisions of this §12.208 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "339", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.209", "label": "Right To File Written Objections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7987", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person whose interests are or may be adversely affected or an officer or head of any federal, state, or local government agency or authority shall have the right to file written objections to an initial or revised application for a permit with the Commission, within 30 days after the last publication of the newspaper notice required by §12.207(a) of this title (relating to Public Notices of Filing of Permit Applications).(b) The Commission shall, immediately upon receipt of any written objections:(1) transmit a copy of them to the applicant; and(2) file a copy for public inspection at the public office where the applicant filed a copy of the application for permit under §12.207(d) of this title.", "sourceNote": "Source Note: The provisions of this §12.209 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7987", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.210", "label": "Public Availability of Information in Permit Applications on File with the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202424", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by subsection (c) of this section, all applications for permits; revisions; renewals; and transfers; assignments or sales of permit rights on file with the Commission shall be available, at reasonable times, for public inspection and copying.(b) Except as provided by subsection (c)(1) of this section, information pertaining to coal seams, test borings, core sampling, or soil samples in permit applications shall be made available for inspection and copying to any person with an interest which is or may be adversely affected.(c) Confidential information is limited to:(1) information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of such coal which are potentially toxic in the environment;(2) information required under §134.041 of the Act that is not on public file and that the applicant has requested in writing to be held confidential; and(3) information on the nature and location of archeological resources on public land and Indian land shall be kept confidential as required under the Archeological Resources Protection Act of 1979 (Pub. L. 96-95, 93 Stat. 721, 16 USC 470).(d) The Commission shall maintain information required to be kept confidential under subsection (c) of this section separately from other portions of the permit application. This information shall be clearly identified by applicant and submitted separately from other portions of the application.(e) The Commission shall provide reasonable notice and an opportunity to be heard for persons seeking or opposing disclosure of information under this section.", "sourceNote": "Source Note: The provisions of this §12.210 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202424", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.211", "label": "Public Hearing on Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29845", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within 45 days after the last publication of the required newspaper notice, the applicant or any person with an interest which is or may be adversely affected may request a hearing on the application. During this time, the Commission may, on its own motion, call a hearing.(b) Where a hearing is requested pursuant to subsection (a) of this section, it shall be held, within 30 days after the request is received or the determination made, in the locality of the proposed surface mining and reclamation operations unless otherwise agreed to by all persons expressing an interest.(c) Any person having a valid legal interest or an interest which is or may be adversely affected by any Commission action taken or proposed on any application or existing permit, may request informal consideration or disposition of the matter in accordance with §§2001.051, 2001.052, 2001.056, 2001.057, 2001.059, and 2001.141 of the APA.", "sourceNote": "Source Note: The provisions of this §12.211 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29845", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.212", "label": "Notice of Public Hearing on Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7982", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall publish notice of the public hearing in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operations at least once a week for three consecutive weeks prior to the scheduled hearing date.(b) The notice shall contain the following information:(1) the name and address of the applicant;(2) the date, time and nature of the hearing;(3) a statement of the legal authority and jurisdiction under which the hearing is to be held; and(4) a short and plain statement of the matters asserted.(c) The Commission shall mail the same notice to the applicant and to all persons who have expressed by written notification to the Commission an interest in the pending permit application.(d) In case the Commission determines that a material error is made in the notice of a public hearing, or that a material change is made in an application after notice has been issued, the Commission shall cause revised notice to be issued. If the material change or error affecting the content of the notice does not come to the attention of the Commission in sufficient time to make the correction in each of the newspaper publications, the Commission shall reschedule the hearing and/or appropriately readjust the time limitation schedules provided in this section. If the change or error requiring the revised notice is that of an applicant for a permit of an amendment, the expense thereof shall be borne by that person; and, if the change or error is made by the agency, the agency will bear the expense.", "sourceNote": "Source Note: The provisions of this §12.212 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7982", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.213", "label": "Continuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "340", "queryAsDate": "03/11/2026" }, "ruleBody": "The hearings examiner conducting the hearing may continue the hearing without the necessity of publishing, serving, mailing or otherwise issuing a new notice, by simply making an announcement at the hearing prior to recessing or reconvention, of the date, time and place for the hearing to reconvene. If a hearing is continued and a time and place for the hearing is not publicly announced at the hearing by the hearings examiner before it is recessed, a notice of any further setting of the hearing shall be mailed to those parties in attendance at the hearing and to all other parties whom the Commission has reason to believe should be notified at least ten days prior to the date of the hearing.", "sourceNote": "Source Note: The provisions of this §12.213 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "340", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.214", "label": "Transcript" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202425", "queryAsDate": "03/11/2026" }, "ruleBody": "A verbatim transcript and complete record of the proceedings of each public hearing shall be retained by the Commission. On request, the Commission shall transcribe all or part of any such proceedings and shall furnish a verbatim transcript within a reasonable time to the requesting party; provided that the Commission may charge a fee based on the estimated cost of the service of transcribing and printing the requested material.", "sourceNote": "Source Note: The provisions of this §12.214 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202425", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.215", "label": "Review of Permit Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165983", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall:(1) review the complete application and written comments, written objections submitted, and the record of any public hearing held under §§12.208 - 12.214 of this title (relating to Opportunity for Submission of Written Comments on Permit Applications; Right to File Written Objections; Public Availability of Information in Permit Applications on File with the Commission; Public Hearing on Application; Notice of Public Hearing on Application; Continuance; and Transcript);(2) determine the adequacy of the fish and wildlife plan submitted pursuant to §12.144 or §12.195 of this title (relating to Fish and Wildlife Plan), in consultation with state and federal fish and wildlife management and conservation agencies having responsibilities for the management and protection of fish and wildlife or their habitats which may be affected or impacted by the proposed surface coal mining and reclamation operations;(3) based on an administratively complete application, enter into AVS:(A) the information required to be submitted under §12.116(b) and (c) or §12.156(b) and (c) of this title (relating to Identification of Interests and Compliance Information); and(B) the information submitted under §12.116(e) or §12.156(e) of this title pertaining to violations which are unabated or uncorrected after the abatement or correction period has expired; and(4) update the information referred to in paragraph (3) of this subsection in AVS upon verification of any additional information submitted or discovered during the permit application review.(b) Within the time frame provided by the APA if the public hearing provided for occurs, or within 45 days of the last publication of notice of application if no public hearing is held, the Commission shall notify the applicant and any objectors whether the application has been approved or denied.(c) All provisions of the APA apply to each permit application and notices, other than specifically provided for above, of hearings and appeals are governed thereby.(d) If the Commission decides to approve the application, it shall require that the applicant file the performance bond or provide other equivalent guarantee before the permit is issued, in accordance with the provisions of Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations).(e) The following criteria shall apply with regard to denial or conditional issuance of an application for permit:(1) if the Commission determines from either the schedule submitted as part of an application submitted after the adoption of these rules under §12.116(e) or §12.156(e) of this title, or from other available information concerning federal and state failure-to-abate cessation orders, unabated federal and state imminent harm cessation orders, delinquent civil penalties issued pursuant to the Act or Federal Act or federally-approved coal regulatory program, bond forfeitures where violations upon which the forfeitures were based have not been corrected, delinquent abandoned mine reclamation fees, and unabated violations of federal and any state laws, rules, and regulations pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, the Commission shall deny the permit if any surface coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant is currently in violation of the Act or any other law, rule or regulation referred to in this subsection. In the absence of a failure-to-abate cessation order, the Commission may presume that a notice of violation issued pursuant to §12.678 of this title (relating to Notices of Violation) or under a federal or state program has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application, or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties. If a current violation exists, the Commission shall require the applicant or person who owns or controls the applicant, before the issuance of the permit, to either:(A) submit to the Commission proof that the current violation has been or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation; or(B) establish for the Commission that the applicant, or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of the current violation. If the initial judicial review affirms the violation, the applicant shall within 30 days of the judicial action submit the proof required under subparagraph (A) of this paragraph; and(2) any permit that is issued on the basis of proof submitted under paragraph (1)(A) of this subsection that a violation is in the process of being corrected, or pending the outcome of an appeal described in paragraph (1)(B) of this subsection, shall be conditionally issued.(f) Before any final determination by the Commission that the applicant, anyone who owns or controls the applicant, or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of the Act or Federal Act and its implementing Federal Regulations and all federal and state programs approved under the Federal Act or federal or state laws as used in 30 CFR 773.15(b) of such nature, duration, and with such resulting irreparable damage to the environment that indicates an intent not to comply with the provisions of the Act or Federal Act and its implementing Federal Regulations and all federal and state programs approved under the Federal Act or federal or state laws as used in 30 CFR 773.15(b), no permit shall be issued and a hearing shall be held. The applicant or operator shall be afforded an opportunity for an adjudicatory hearing on the determination as provided for in the regulatory program. Such hearing shall be conducted pursuant to §12.222 of this title (relating to Administrative Review). The Commission shall deny an application after a determination has been made that a pattern of willful violations exists.(g) After an application is approved, but before the permit is issued, the Commission shall review and consider any new compliance information submitted pursuant to §12.116(a)(2) of this title under the criteria of subsection (e)(1) of this section. If the applicant fails or refuses to respond as required by the Commission to provide new compliance information, or the new compliance information shows that the applicant, anyone who owns or controls the applicant, or the operator is in violation, the Commission shall deny the permit.(h) The Commission shall rely upon the permit history information submitted in the application under §12.116(c) or §12.156(c) of this title, information from AVS, and any other available information to review the permit histories of the applicant and its operator. The Commission shall:(1) conduct a review of the permit history information before making a permit eligibility determination under subsection (j) of this section;(2) determine whether the applicant or its operator have previous mining experience; and(3) conduct an additional review under §12.234(c)(6) of this title (relating to Challenge of Ownership or Control, Information on Ownership and Control, and Violations, and Applicant/Violator System Procedures) if the applicant or operator do not have any previous mining experience to determine if a person with mining experience controls the mining operation.(i) The Commission, relying upon the violation information supplied by the applicant under §12.116(e) or §12.156(e) of this title, a report from AVS, and any other available information to review histories of compliance with the Act or the applicable State regulatory program, and any other applicable air or water quality laws, for the permittee, operator, and for operations owned or controlled by the permittee or by the operator, shall conduct the review before making a permit eligibility determination required under subsection (j) of this section.(j) Based on reviews of the applicant's and any operator's organizational structure and ownership or control relationships provided in the application as required under subsections (h) and (i) of this section, the Commission shall determine whether an applicant is eligible for a permit under §134.068 and §134.069 of the Act (relating to Schedule of Notices of Violations, and to Effect of Past or Present Violation).(1) Except as provided in subsections (k) and (l) of this section, an applicant is not eligible for a permit if the Commission finds that any surface coal mining operation that:(A) the applicant directly owns or controls has an unabated or uncorrected violation; or(B) the applicant or the operator indirectly controls has an unabated or uncorrected violation and the control was established or the violation was cited after November 2, 1988.(2) The Commission shall not issue the permit if the applicant or operator are permanently ineligible to receive a permit under §12.234(c)(3) of this title.(3) After approval of the permit under §12.216 of this title (relating to Criteria for Permit Approval or Denial), the Commission shall not issue the permit until the information updates and certification requirements of §12.116(a)(2) or §12.156(a)(2) of this title are met. After the applicant completes this requirement, the Commission shall again request a compliance history report from AVS to determine if there are any unabated or uncorrected violations which affect permit eligibility under paragraphs (1) and (2) of this subsection. The Commission shall request this report no more than five business days before permit issuance under §12.218 and §12.219 of this title (relating to Permit Approval or Denial Actions, and Permit Terms).(4) If the applicant is determined to be ineligible for a permit under this section, the Commission shall send written notification to the applicant of its decision. The notice will contain an explanation as to why the applicant is ineligible and include notice of the rights of appeal under §12.222 and §12.223 of this title (relating to Administrative Review, and Judicial Review).(k) An applicant is eligible for a permit:(1) under subsection (j) of this section if an unabated violation:(A) occurred after October 24, 1992; and(B) resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands that are eligible for remining under a permit that was held by the person applying for the new permit; or(2) under §12.206 of this title (relating to Mining in Previously Mined Areas), an event or condition is presumed to be unanticipated for the purpose of this section if it:(A) arose after permit issuance;(B) was related to prior mining; and(C) was not identified in the permit application.(l) For provisionally issued permits:(1) This subsection applies to an applicant who owns or controls a surface coal mining and reclamation operation with:(A) a notice of violation for which the abatement period has not yet expired; or(B) a violation that is unabated or uncorrected beyond the abatement or correction period.(2) The Commission shall find an applicant eligible for a provisionally issued permit under this section if the applicant demonstrates that one or more of the following circumstances exists with respect to all violations listed in paragraph (1) of this subsection:(A) for violations meeting the criteria of paragraph (1)(A) of this subsection, the applicant certifies that the violation is being abated to the satisfaction of the regulatory authority with jurisdiction over the violation, and the Commission has no evidence to the contrary;(B) the applicant, operator, and operations owned or controlled by the applicant or operator, as applicable, are in compliance with the terms of any abatement plan, or a payment schedule for delinquent fees or penalties, approved by the Commission;(C) the applicant is pursuing a good faith:(i) challenge to all pertinent ownership or control listings or findings under §12.234(a)(1) - (3) of this title; or(ii) administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force; or(D) the violation is the subject of a good faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.(3) A provisionally issued permit will be considered to be improvidently issued, and the Commission will immediately initiate procedures under §12.225(g) of this title (relating to Commission Review of Outstanding Permits) to suspend or rescind that permit, if:(A) violations included in paragraph (2)(A) of this subsection are not abated within the specified abatement period;(B) the permittee, operator, or operations that the permittee or operator own or control do not comply with the terms of an abatement plan or payment schedule mentioned in paragraph (2)(B) of this subsection;(C) in the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative review referenced in paragraph (2)(C) or (D) of this subsection affirms the validity of the violation or the ownership or control listing or finding; or(D) the initial judicial review decision referenced in paragraph (2)(C)(ii) or (D) of this subsection affirms the validity of the violation or the ownership or control listing or finding.", "sourceNote": "Source Note: The provisions of this §12.215 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective February 24, 2014, 39 TexReg 1121; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165983", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.216", "label": "Criteria for Permit Approval or Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7990", "queryAsDate": "03/11/2026" }, "ruleBody": "No permit or revision application shall be approved, unless the application affirmatively demonstrates and the Commission finds, in writing, on the basis of information set forth in the application or from information otherwise available, which is documented in the approval and made available to the applicant, that:(1) the permit application is accurate and complete and that all requirements of the Act and this chapter (relating to Coal Mining Regulations) have been complied with;(2) the applicant has demonstrated that surface coal mining and reclamation operations, as required by the Act and this chapter (relating to Coal Mining Regulations), can be feasibly accomplished under the mining and reclamation operations plan contained in the application;(3) the assessment of the probable cumulative impacts of all anticipated coal mining in the cumulative impact area on the hydrologic balance has been made by the Commission, and the operations proposed under the application have been designed to prevent damage to the hydrologic balance outside the proposed permit area;(4) the proposed permit area is:(A) not included within an area designated unsuitable for surface coal mining operations under §§12.74 - 12.77 of this title (relating to Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations) and §§12.78 - 12.85 of this title (relating to Process for Designating Areas as Unsuitable for Surface Coal Mining Operations) or within an area subject to the prohibitions of §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited); or(B) not within an area under study for designation as unsuitable for surface coal mining operations or in an administrative proceeding begun under §§12.78 - 12.85 of this title (relating to Process for Designating Areas as Unsuitable for Surface Coal Mining Operations), unless the applicant demonstrates that, before January 4, 1977, he or she made substantial legal and financial commitments in relation to the operation for which he or she is applying for a permit; or(C) not on any lands subject to the prohibitions or limitations of §12.71(a)(1), (a)(6) or (a)(7) of this title; or(D) not within 100 feet of the outside right-of-way line of any public road, except as provided for in §12.72(a) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations); or(E) not within 300 feet from any occupied dwelling, except as provided for in §12.71(a)(5) of this title;(5) the proposed operations will not adversely affect any properties listed on and eligible for listing on the National Register of Historic Places, except as provided for in §12.71(a)(3) of this title. This finding may be supported in part by inclusion of appropriate permit conditions, revisions in the operation plan, or a documented decision by the Commission that no additional protection measures are required under the National Historic Preservation Act;(6) for operations involving the surface mining of coal where the private mineral estate to be mined has been severed from the private surface estate, the applicant has submitted to the Commission the documentation required under §§12.117(b) or 12.157(b) of this title (relating to Right of Entry and Operation Information);(7) the applicant has either:(A) submitted the proof required by §12.215(e)(1) of this title (relating to Review of Permit Applications); or(B) made the demonstration required by §12.215(e)(2) of this title (relating to Review of Permit Applications);(8) the applicant has submitted proof that all reclamation fees required by Subchapter R of this chapter (relating to Texas Abandoned Mine Reclamation Program) have been paid;(9) surface coal mining and reclamation operations to be performed under the permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the proposed permit area;(10) the applicant will submit the performance bond or other equivalent guarantee required under Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations), prior to the issuance of the permit;(11) the applicant has, with respect to both prime farmland and alluvial valley floors obtained either a negative determination or satisfied the requirements of §12.201 and §12.202 of this title (relating to Prime Farmland, and to Surface Coal Mining and Reclamation Operations on Areas or Adjacent to Areas Including Alluvial Valley Floors in the Arid or Semiarid Areas West of the 100th Meridian);(12) the proposed postmining land use of the permit area has been approved by the Commission in accordance with the requirements of §12.399 or §12.568 of this title (relating to Postmining Land Use);(13) the Commission has made all specific approvals required under Subchapter K of this chapter (relating to Permanent Program Performance Standards);(14) the Commission has found that the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973 (16 USC 1531 et seq.); and(15) the applicant has, where applicable, satisfied the requirements for approval of a long-term, intensive agricultural postmining land use, in accordance with the requirements of §12.390 or §12.555 of this title (relating to Revegetation: General Requirements).(16) For permits to be issued under §12.206 of this title (relating to Mining in Previously Mined Areas), the permit application must:(A) identify the lands eligible for remining;(B) identify the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and(C) include the mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of the regulatory program can be accomplished.", "sourceNote": "Source Note: The provisions of this §12.216 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective June 9, 2003, 28 TexReg 4412; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7990", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.217", "label": "Criteria for Permit Approval or Denial: Existing Structures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29846", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No application for a permit or revision which proposes to use an existing structure in connection with or to facilitate the proposed surface coal mining and reclamation operation shall be approved, unless the applicant demonstrates and the Commission finds, in writing, on the basis of information set forth in the complete application that:(1) if the applicant proposes to use an existing structure in accordance with exemption provided in §12.9(c)(1)(A) of this title (relating to Applicability):(A) the structure meets the performance standards of the Act and Subchapter K of this chapter (relating to Permanent Program Performance Standards); and(B) no significant harm to the environment or public health or safety will result from use of the structure;(2) if the applicant proposes to use an existing structure in accordance with the exemption provided in §12.9(c)(1)(B) of this title (relating to Applicability):(A) the structure meets the performance standards of the Act and the initial regulatory program;(B) no significant harm to the environment or public health or safety will result from use of the structure; and(C) the performance standards of the initial regulatory program are at least as stringent as the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards); and(3) if the Commission finds that the structure meets the criteria of §12.9(c)(1)(B) of this title (relating to Applicability), the Commission shall require the applicant to submit a compliance plan for modification or reconstruction of the structure and shall find prior to the issuance of the permit that:(A) the modification or reconstruction of the structure will bring the structure into compliance with the design and performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards) as soon as possible, but not later than six months after issuance of the permit;(B) the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction; and(C) the applicant will monitor the structure to determine compliance with the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards).(b) Should the Commission find that the existing structure cannot be reconstructed without causing significant harm to the environment or public health or safety, the applicant will be required to abandon the existing structure. The structure shall not be used for or to facilitate surface coal mining operations after the effective date of issuance of the permanent regulatory program permit. Abandonment of the structure shall proceed on a schedule approved by the Commission, in compliance with §§12.398 or 12.567 of this title (relating to Cessation of Operations: Permanent).", "sourceNote": "Source Note: The provisions of this §12.217 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29846", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.218", "label": "Permit Approval or Denial Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7989", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall approve, require modification of, or deny all applications for permits under regulatory programs on the basis of:(1) complete applications for permits and revisions or renewals thereof;(2) public participation as provided for in this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems);(3) Compliance with any applicable provisions of §§12.200-12.205 of this title (relating to Requirements for Permits for Special Categories of Mining); and(4) Processing and review of applications as required by §§12.207-12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions).(b) The Commission shall take action as required under subsection (a) of this section, within the following times:(1) Initiation of regulatory program. Except as provided for in §12.104 of this title (relating to Continued Operation Under Interim Permits), a complete application submitted to the Commission within the time required by §12.106(a)(1) of this title (relating to Permit Application Filing Deadlines) shall be processed by the Commission so that an application is approved or denied within eight months after the date of approval of the state program, unless Texas or the Commission is specifically enjoined from submitting a state program, or the Commission is specifically enjoined from implementing a regulatory program, but in no case later than February 3, 1981; and(2) Subsequent operation of regulatory program. Except as provided for in this section, all complete applications shall be approved according to the time frames in §12.215 of this title (relating to Review of Permit Applications).(c) If a public hearing is held under §12.211 of this title (relating to Public Hearing on Application), the Commission shall give its written findings to the permit applicant and to each person who is a party to the hearing, approving, modifying or denying the application in whole or in part, and stating the specific reasons therefor in the decision.(d) If no such public hearing has been held, the Commission shall give its written findings to the permit applicant, approving, modifying or denying the application in whole or in part, and stating the specific reasons in the decision.(e) Simultaneously, the Commission shall:(1) give a copy of its decision to:(A) each person and government official who filed a written objection or comment with respect to the application; and(B) the Regional Director together with a copy of any permit issued; and(2) publish a summary of its decision in a newspaper or similar periodical of general circulation in the general area of the proposed operation.(f) Within 10 days after the granting of a permit, including the filing of the performance bond or other equivalent guarantee which complies with Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations), the Commission shall notify the local government officials in the local political subdivision of which the area of land to be affected is located, that a permit has been issued and shall describe the location of the lands within the permit area.", "sourceNote": "Source Note: The provisions of this §12.218 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7989", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.219", "label": "Permit Terms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7991", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each permit shall be issued for a fixed term not to exceed 5 years. A longer fixed permit term may be granted, if:(1) the application is full and complete for the specified longer term; and(2) the applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed, in writing, by the applicant's proposed source for the financing. An applicant who obtains the necessary financing through internally generated funds must confirm the showing with a written statement demonstrating the internal funding.(b) Automatic termination shall occur as follows:(1) a permit shall terminate, if the permittee has not begun the surface coal mining and reclamation operation covered by the permit within 3 years of the issuance of the permit;(2) the Commission may grant reasonable extensions of time for commencement of these operations, upon receipt of a written statement showing that such extensions of time are necessary, if:(A) litigation precludes the commencement or threatens substantial economic loss to the permittee; or(B) there are conditions beyond the control and without the fault or negligence of the permittee;(3) with respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated; and(4) extensions of time granted by the Commission under this subsection shall be specifically set forth in the permit and notice of the extension shall be made to the public.(c) Permits may be suspended, revoked, or modified by the Commission, in accordance with §§12.200 and 12.225 of this subchapter (relating to Experimental Practices Mining, and to Commission Review of Outstanding Permits), and Subchapter L of this chapter (relating to Permanent Program Inspection and Enforcement Procedures).", "sourceNote": "Source Note: The provisions of this §12.219 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7991", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.220", "label": "Conditions of Permits: General and Right of Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165981", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except to the extent that the Commission otherwise directs in the permit that specific actions be taken, the permittee shall conduct all surface coal mining and reclamation operations as described in the complete application.(b) The permittee shall allow the authorized representatives of the Secretary, including, but not limited to, inspectors and fee compliance officers, and the representatives of the Commission, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to:(1) have the rights of entry provided for in §12.671 of this title (relating to Right of Entry); and(2) be accompanied by private persons for the purpose of conducting an inspection in accordance with §§12.670-12.675 of this title (relating to Commission Inspection and Enforcement), when the inspection is in response to an alleged violation reported to the Commission by the private person.(c) The permittee shall conduct surface coal mining and reclamation operations only on those lands specifically designated on the maps submitted under §§12.124-12.138 and 12.139-12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), or to §§12.170-12.184 and 12.185-12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), and approved for the term of the permit, and which are subject to the performance bond or other equivalent guarantee in effect pursuant to Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations).(d) The operator shall pay all reclamation fees required by Subchapter R of this chapter (relating to Texas Abandoned Mine Land Reclamation Program) and by 30 CFR Subchapter R for coal produced under the permit for sale, transfer or use.", "sourceNote": "Source Note: The provisions of this §12.220 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165981", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.221", "label": "Conditions of Permits: Environment, Public Health, and Safety" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7995", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit; including, but not limited to:(1) any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;(2) immediate implementation of measures necessary to comply; and(3) warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.(b) The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by Subchapter K of this chapter (relating to Permanent Program Performance Standards), and which prevents violation of any other applicable state or federal law.(c) The permittee shall conduct its operations:(1) in accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health or safety of the public; and(2) utilizing any methods specified in the permit by the Commission in approving alternative methods of compliance with the performance standards of the Act and these Regulations, in accordance with the provisions of the Act, of §12.216(12) of this title (relating to Criteria for Permit Approval or Denial) and Subchapter K of this chapter.(d) Within 30 days after a cessation order is issued under §§12.677 - 12.684 of this title (relating to Enforcement) for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect the permittee shall either submit to the Commission the following information, current to the date the cessation order was issued, or notify the Commission in writing that there has been no change since the immediately preceding submittal of such information:(1) any new information needed to correct or update the information previously submitted to the Commission by the permittee under §12.116(a) or §12.156(a) of this title (relating to Identification of Interests and Compliance Information); or(2) If not previously submitted, the information required from a permit applicant by §12.116(a) or §12.156(a) of this title.", "sourceNote": "Source Note: The provisions of this §12.221 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7995", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.222", "label": "Administrative Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7986", "queryAsDate": "03/11/2026" }, "ruleBody": "Within 30 days after the applicant or permittee is notified of the final decision of the Commission concerning the application for a permit, revision or renewal thereof, permit, application for transfer, sale, or assignment of rights, or concerning an application for coal exploration under §12.113 of this title (relating to Applications: Notice and Hearing for Exploration of More Than 250 Tons), the applicant, permittee, or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the final decision in accordance with this section.(1) The Commission shall commence the hearing within 30 days of such request. This hearing shall be of record, adjudicatory in nature, and the examiner from any previous hearing on this matter shall not preside at the hearing, or participate in the decision following the hearing, or in any administrative appeal therefrom.(2) The Commission may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate, pending final determination of the proceeding, if:(A) all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;(B) the person requesting that relief shows that there is a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding;(C) the relief is not to affect adversely the public health or safety, or cause significant, imminent environmental harm to land, air, or water resources; and(D) the relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the Commission.(3) With regard to public hearings, the following shall apply:(A) for the purpose of such hearing, the hearing examiner may administer oaths and affirmations, subpoena witnesses, written, or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence, including, but not limited to, site inspections of the land to be affected and other surface coal mining and reclamation operations carried on by the applicant in the general vicinity of the proposed operations;(B) a verbatim record of each public hearing required by this section shall be made, and a transcript made available on the motion of any party or by order of the hearing examiner; and(C) ex parte contacts between representatives of the parties before the hearing examiner and the hearing examiner shall be prohibited.(4) Within 30 days after the close of the record, the hearing examiner shall issue and furnish the applicant, and each person who participated in the hearing, with the written findings of fact, conclusions of law, and order of the Commission with respect to the appeal.(5) The burden of proof at such hearings shall be on the party seeking to reverse the decision of the Commission.", "sourceNote": "Source Note: The provisions of this §12.222 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7986", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.223", "label": "Judicial Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202426", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Right to appeal. Any applicant or any person with an interest which is or may be adversely affected and who has participated in the administrative proceedings as an objector shall have the right to appeal as provided in subsection (b) of this section, if:(1) the applicant or person is aggrieved by the decision of the Commission in an administrative review proceeding conducted pursuant to §12.222 of this title (relating to Administrative Review); or(2) the Commission fails to act within time limits specified in the Act or this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems).(b) State programs.(1) Action of the Commission shall be subject to judicial review as provided for in the APA, but the availability of such review shall not be construed to limit the operation of the rights established in §§134.182-134.187 of the Act.(2) Trial in the District Court shall be on the Administrative Record.", "sourceNote": "Source Note: The provisions of this §12.223 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202426", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.225", "label": "Commission Review of Outstanding Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165985", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirement for and timing of review.(1) The Commission shall review each permit issued and outstanding under an approved regulatory program during the term of the permit. This review shall occur not later than the middle of the permit term and as required by §12.200 of this title (relating to Experimental Practices Mining).(2) For permits of longer than five-year terms, a review of the permit shall be no less frequent than the permit midterm or every five years, whichever is more frequent.(3) No less frequently than every 2 1/2 years, the Commission shall conduct a review of any permit which, in accordance with §12.100(a) of this title (relating to Responsibilities), is not required to be renewed but which nonetheless authorizes the permittee to perform reclamation activities within the permit area.(b) Action. After this review, the Commission may, by order, require reasonable revision or modification of the permit provisions to ensure compliance with the Act and this chapter (relating to Coal Mining Regulations).(c) Notice to permittee. Copies of the decision of the Commission shall be sent to the permittee.(d) Written findings and appeal. Any order of the Commission requiring revision or modification of permits, including suspension or rescission, shall be based upon written findings and shall be subject to the provisions for administrative and judicial review of §12.222 and §12.223 of this title (relating to Administrative Review, and Judicial Review, respectively), and for review under §§134.161 - 134.173 of the Act, and §§2001.141 - 2001.147 of the APA (relating to Contested Cases: Final Decisions and Orders; Motions for Rehearing).(e) Improvident issuance. The Commission, when it has reason to believe, based on evidence sufficient to establish a prima facie case, that a permit was improvidently issued, shall review a permit under the authority of §134.082 of the Act and shall, after notice and opportunity for a hearing, make a preliminary finding and serve written notice of that finding to the permittee that the permit was improvidently issued if:(1) under the violations review criteria of the regulatory program at the time the permit was issued:(A) the permit should not have been issued because of an unabated violation or a delinquent penalty or fee; or(B) the permit was issued on the information that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order subsequently was issued; and(2) the violation, penalty or fee referred to in paragraph (1) of this subsection:(A) remains unabated or delinquent; and(B) is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and(3) where the permittee was linked to the violation, penalty or fee through ownership or control, under the violations review criteria of the regulatory program at the time the permit was issued an ownership or control link between the permittee and the person responsible for the violation, penalty or fee still exists, or where the link was severed the permittee continues to be responsible for the violation, penalty or fee.(f) Remedial measures. If the Commission, under subsection (e) of this section, finds that, because of an unabated violation or a delinquent penalty or fee a permit was improvidently issued, it shall use one or more of the following remedial measures:(1) implement, with the cooperation of the permittee or other person responsible, and of the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee;(2) require revision of the permit to impose a condition that in a reasonable period of time the permittee abate the violation or pay the penalty or fee;(3) suspend the permit until the violation is abated or the penalty fee is paid; or(4) rescind the permit under subsection (g) of this section.(g) Suspension and rescission. If the Commission elects to rescind an improvidently issued permit, it shall serve on the permittee a written notice of the proposed suspension and rescission which includes the reasons for the findings of the Commission under subsection (e) of this section and states that:(1) after a specified period of time not to exceed 60 days, the permit will automatically become suspended, and not to exceed 60 days thereafter rescinded, unless within those periods the permittee submits proof, and the Commission finds that:(A) the finding of the Commission under subsection (e) of this section was erroneous;(B) the permittee or operator has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;(C) the violation, penalty, or fee is the subject of a good-faith appeal, or of an abatement plan or payment schedule with which the permittee or operator is complying to the satisfaction of the responsible agency; or(D) since the finding was made, the permittee has severed any ownership or control link with the person responsible for the violation, penalty, or fee and the permittee is no longer responsible for the violation, penalty, or fee.(2) upon permit suspension or rescission under this section, the Commission shall issue a written notice to the permittee requiring that the permittee or operator cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the Commission. Notice of permit suspension or rescission will also be posted at the Commission's office closest to the permit area.", "sourceNote": "Source Note: The provisions of this §12.225 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective October 22, 2012, 37 TexReg 8293; amended to be effective February 24, 2014, 39 TexReg 1121; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165985", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.226", "label": "Permit Revisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "24738", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A revision to a permit shall be obtained:(1) for changes in the surface coal mining or reclamation operations described in the original application and approved under the original permit, when such changes constitute a significant departure from the method of conduct of mining or reclamation operations contemplated by the original permit. Significant departures would include any change in permit area, mining method or reclamation procedure, which would, in the opinion of the Commission, significantly change the effect the mining operation would have on either those persons impacted by the permitted operation or on the environment;(2) when required by an order issued under §12.225 of this title (relating to Commission Review of Outstanding Permits);(3) in order to continue operation after the cancellation or material reduction of the liability insurance policy, capability of self-insurance, performance bond, or other equivalent guarantee upon which the original permit was issued; or(4) as otherwise required under the regulatory program.(b) The application for revision shall be filed in accordance with the following:(1) the permittee shall submit the application to the Commission within the time provided for in §12.106(b)(3) of this title (relating to Permit Application Filing Deadlines);(2) any application for a revision which proposes significant alterations in the operations described in the materials submitted in the application for the original permit under §§12.116 - 12.123, 12.124 - 12.138, and 12.139 - 12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), or §§12.156 - 12.163, 12.170 - 12.184, and 12.185 - 12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Underground Mining Permit Applications Minimum Requirements for Information on Environmental Resources, and to Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan) or in the conditions of the original permit, shall, at a minimum, be subject to the requirements of §§12.207 - 12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions), and §12.222 and §12.223 of this title (relating to Administrative and Judicial Review of Decisions by Commission on Permit Applications).(A) Application requirements. Permit revision requests shall be submitted on the Permit Application Form (SMRD-1C) with only the applicable portions showing changes or additions being completed.(B) Notice and hearing. Notice as for a new permit application is required whenever new landowners will be affected. If objections to the revision are received and a hearing is requested, the Commission shall schedule and hold a public hearing as required for an original application.(c) The Commission shall approve or disapprove the complete application for revision within 90 days from receipt in accordance with the requirements of §§12.207 - 12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions) and the Act.(d) Proposed revisions must be approved by the Commission prior to commencement of the proposed change.(e) Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by application for a new permit and shall not be approved under §§12.225, this section, and §§12.227 - 12.233 of this title (relating to Permit Reviews, Revisions, and Renewals, and Transfer, Sale, and Assignment of Rights Granted Under Permits).", "sourceNote": "Source Note: The provisions of this §12.226 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "24738", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.227", "label": "Permit Renewals: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165986", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any valid, existing permit issued pursuant to a regulatory program shall carry with it the right of successive renewal upon expiration of the term of the permit, in accordance with §§12.228-12.230 of this title (relating to Permit Renewals: Completed Applications, to Permit Renewals: Terms, and to Permit Renewals: Approval or Denial). Successive renewal shall be available only for those areas which were specifically approved by the Commission on the application for the existing permit as within the boundaries of the permit.(b) Permit renewal shall not be available for conducting surface coal mining and reclamation operations on lands beyond the boundaries of the permit area approved under the existing permit. Approval of permits to conduct operations on these lands, including, but not limited to, any remainder of the general area described in the application for the existing permit, shall be obtained in accordance with §12.228(b)(2) of this title (relating to Permit Renewals: Completed Applications).", "sourceNote": "Source Note: The provisions of this §12.227 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165986", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.228", "label": "Permit Renewals: Completed Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29844", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contents. Complete applications for renewals of a permit shall be made within the time prescribed by §12.106(b)(2) of this title (relating to Permit Application Filing Deadlines). Renewal applications shall be in a form and with contents required by the Commission under the regulatory program and in accordance with subsection (b)(2) of this section, including, at a minimum, the following:(1) a statement of the name and address of the permittee, the term of the renewal requested, the permit number, and a description of any changes to the matters set forth in the original application for a permit or prior permit renewal;(2) a copy of the newspaper notice and proof of publication of same under §12.207(a) of this title (relating to Public Notices of Filing of Permit Applications); and(3) Evidence that liability insurance policy or adequate self-insurance under §12.311 of this title (relating to Terms and Conditions for Liability Insurance) will be provided by the applicant for the proposed period of renewal.(b) Processing and review.(1) Complete applications for renewal shall be subject to the requirements of public notification and participation contained in §§12.207 - 12.209 of this title (relating to Public Notices of Filing of Permit Applications, to Opportunity for Submission of Written Comments on Permit Applications, and to Right to File Written Objections).(2) If a complete application for renewal of a permit includes a proposal to extend the mining and reclamation operation beyond the boundaries authorized in the existing permit, the portion of the complete application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new permit applications under the Act, §§12.103 - 12.108 of this title (relating to General Requirements for Permits and Permit Applications), §§12.116 - 12.123, 12.124 - 12.138, and 12.139 - 12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), §§12.156 - 12.163, 12.170 - 12.184, and 12.185 - 12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Underground Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), §§12.200 - 12.205 of this title (relating to Requirements for Permits for Special Categories of Mining), §§12.207 - 12.221 of this title (relating to Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions), §12.222 and §12.223 of this title (relating to Administrative and Judicial Review of Decisions by Commission on Permit Applications), §§12.225 - 12.227, this section, and §§12.229 - 12.233 of this title (relating to Permit Reviews, Revisions, and Renewals, and Transfer, Sale, and Assignment of Rights Granted Under Permits), and Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations).(3) If the surface coal mining reclamation operations authorized under the original permit were not subject to the standards contained in §134.066(a)(5) of the Act and §12.202 of this title (relating to Surface Coal Mining and Reclamation Operations On Areas or Adjacent to Areas Including Alluvial Valley Floors In The Arid or Semiarid Areas West of The 100th Meridian), because the permittee complied with the exceptions in §134.066(c) of the Act, the portion of the application for renewal of the permit which addresses any new land areas previously identified in the reclamation plan submitted pursuant to §§12.139 - 12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), or §§12.185 - 12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan) for the original permit shall not be subject to the standards contained in §134.066(a)(5) of the Act and §12.202 of this title (relating to Surface Coal Mining and Reclamation Operations On Areas or Adjacent to Areas Including Alluvial Valley Floors In The Arid or Semiarid Areas West of The 100th Meridian).(4) Before finally acting to grant the permit renewal, the Commission shall require any additional performance bond needed by the permittee to comply with the requirements of §12.230(a)(4) of this title (relating to Permit Renewals: Approval or Denial) to be filed with the Commission.", "sourceNote": "Source Note: The provisions of this §12.228 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29844", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.229", "label": "Permit Renewals: Terms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7996", "queryAsDate": "03/11/2026" }, "ruleBody": "Any permit renewal shall be for a term not to exceed the period of the original permit established under §12.219 of this title (relating to Permit Terms).", "sourceNote": "Source Note: The provisions of this §12.229 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7996", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.230", "label": "Permit Renewals: Approval or Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall, upon the basis of a complete application for renewal and completion of all procedures required under §§12.228 and 12.229 of this title (relating to Permit Renewals: Completed Applications, and to Permit Renewals: Terms), issue a renewal of a permit, unless it is established and written findings by the Commission are made that:(1) the terms and conditions of the existing permit are not being satisfactorily met;(2) the present surface coal mining and reclamation operations are not in compliance with the environmental protection standards under the Act and Subchapter K of this chapter (relating to Permanent Program Performance Standards);(3) the requested renewal substantially jeopardizes the operator's continuing responsibility to comply with the Act and this chapter (relating to Coal Mining Regulations) on existing permit areas;(4) the operator has not provided evidence that any performance bond required to be in effect for the operations will continue in full force and effect for the proposed period of renewal, as well as any additional bond the Commission might require pursuant to Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations);(5) the operator has not provided evidence of having liability insurance or self-insurance as required by §12.311 of this title (relating to Terms and Conditions for Liability Insurance); and(6) any additional revised or updated information required by the Commission has not been provided by the applicant.(b) In determining whether to approve or deny a renewal, the burden shall be on the opponents of renewal.(c) The Commission shall send copies of its decision to the applicant, any persons who filed objections or comments to the renewal, and to any persons who were parties to the public hearing held on the permit renewal.(d) Any person having an interest which is or may be adversely affected by the decision of the Commission shall have the right to administrative and judicial review set forth in §§12.222 and 12.223 of this title (relating to Administrative and Judicial Review of Decisions by Commission on Permit Applications).", "sourceNote": "Source Note: The provisions of this §12.230 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7967", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.231", "label": "Transfer, Assignment, or Sale of Permit Rights: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165987", "queryAsDate": "03/11/2026" }, "ruleBody": "No transfer, assignment, or sale of the rights granted under any permit issued pursuant to the regulatory program shall be made without the prior written approval of the Commission in accordance with this section and §§12.232 and 12.233 of this title (relating to Transfer, Assignment or Sale of Permit Rights: Obtaining Approval, and to Requirements for New Permits for Persons Succeeding to Rights Granted Under a Permit).", "sourceNote": "Source Note: The provisions of this §12.231 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165987", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.232", "label": "Transfer, Assignment or Sale of Permit Rights: Obtaining Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165988", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit issued under a regulatory program shall, prior to the date of such transfer, assignment or sale:(1) obtain the performance bond coverage of the original permittee by:(A) obtaining transfer of the original bond;(B) obtaining a written agreement with the original permittee and all subsequent successors in interest (if any) that the bond posted by the original permittee and all successors shall continue in force on all areas affected by the original permittee and all successors, and supplementing such previous bonding with such additional bond as may be required by the Commission. If such an agreement is reached, the Commission may authorize for each previous successor and the original permittee the release of any remaining amount of bond in excess of that required by the agreement;(C) providing sufficient bond to cover the original permit in its entirety from inception to completion of reclamation operations; or(D) such other methods as would provide that reclamation of all areas affected by the original permittee is assured under bonding coverage at least equal to that of the original permittee;(2) provide the Commission with an application for approval of such proposed transfer, assignment, or sale, including:(A) the name and address of the existing permittee;(B) the name and address of the person proposing to succeed by such transfer, assignment, or sale and the name and address of that person's resident agent;(C) for surface mining activities, the same information as is required by §§12.116, 12.117, 12.118(c), 12.120 and 12.121 of this title (relating to Identification of Interests and Compliance Information; Right of Entry and Operation Information; Relationship to Areas Designated Unsuitable for Mining; Personal Injury and Property Damage Insurance Information; and Identification of Other Licenses and Permits) for applications for new permits for those activities; or(D) for underground mining activities, the same information as is required by §§12.156 12.157, 12.158(c), 12.160 and 12.161 of this title (relating to Identification of Interests and Compliance Information; Right of Entry and Operation Information; Relationship to Areas Designated Unsuitable for Mining; Personal Injury and Property Damage Insurance Information; and Identification of Other Licenses and Permits) for applications for new permits for those activities; and(3) Obtain the written approval of the Commission for transfer, assignment, or sale of rights, according to subsection (c) of this section.(b) Public notice and comment shall apply as follows:(1) the person applying for approval of such transfer, assignment or sale of rights granted by a permit shall advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the original permittee, the number and particular geographic location of the permit, and the address to which written comments may be sent under this subsection; and(2) any person whose interests are or may be adversely affected, including, but not limited to, the head of any local, state or federal government agency may submit written comments on the application for approval to the Commission, within the time required by the regulations.(c) The Commission may, upon the basis of the applicant's compliance with the requirements of subsections (a) and (b) of this section, grant written approval for the transfer, sale, or assignment of rights under a permit, if it first finds, in writing, that:(1) the applicant is eligible to receive a permit in accordance with this chapter;(2) the applicant will conduct the operations covered by the permit in accordance with the criteria specified in §§12.200 - 12.205, 12.216 and 12.217 of this title (relating to Requirements for Permits for Special Categories of Mining; Criteria for Permit Approval or Denial; and Criteria for Permit Approval or Denial: Existing Structures) and the requirements of the Act and this chapter;(3) the applicant has, in accordance with §12.232(a)(1) of this title (relating to Transfer, Assignment, or Sale of Permit Rights: Obtaining Approval), submitted a performance bond or other guarantee as required by Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations), and at least equivalent to the bond or other guarantee of the original permittee; and(4) the applicant will continue to conduct the operations involved in full compliance with the terms and conditions of the original permit, unless and until it has obtained a new permit in accordance with this subchapter as required in §12.233 of this title (relating to Requirements for New Permits for Persons Succeeding to Rights Granted under a Permit).(d) The Commission shall notify the permittee, the successor, commentors, and OSM of its findings.(e) The successor shall immediately notify the Commission of the consummation of the transfer, assignment, or sale of permit rights.", "sourceNote": "Source Note: The provisions of this §12.232 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165988", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.233", "label": "Requirements for New Permits for Persons Succeeding to Rights Granted under a Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165989", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A successor in interest to a permittee who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan and permit of the original permittee.(b) Pursuant to §12.232(c)(3) of this title (relating to Transfer, Assignment, or Sale of Permit Rights: Obtaining Approval), any successor in interest seeking to change the conditions of mining or reclamation operations, or any of the terms or conditions of the original permit shall:(1) make application for a new permit under §§12.103 - 12.108 of this title (relating to General Requirements for Permits and Permit Applications), §§12.109 - 12.115 of this title (relating to General Requirements for Coal Exploration), §§12.116 - 12.123, 12.124 - 12.138, and 12.139 - 12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), §§12.156 - 12.163, 12.170 - 12.184, and 12.185 - 12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Underground Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, to and Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), §§12.200 - 12.205 and 12.207 - 12.221 of this title (relating to Requirements for Permits for Special Categories of Mining, and to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions), and §12.222 and §12.223 of this title (relating to Administrative and Judicial Review of Decisions by Commission on Permit Applications), if the change involves conducting operations outside the original permit area; or(2) make application for a revised permit under §12.226 of this title (relating to Permit Revisions).", "sourceNote": "Source Note: The provisions of this §12.233 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165989", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.234", "label": "Challenge of Ownership or Control, Information on Ownership and Control, and Violations, and Applicant/Violator System Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165990", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Challenges to ownership and control information.(1) Applicability. An applicant or operator may challenge a listing or finding of ownership or control using the provisions under paragraphs (2) and (3) of this subsection if the challenger is:(A) listed in a permit application or AVS as an owner or controller of an entire surface coal mining operation, or any portion or aspect thereof;(B) found to be an owner or controller of an entire surface coal mining operation, or any portion or aspect thereof, under §12.225(e) of this title (relating to Commission Review of Outstanding Permits) or subsection (c)(7) of this section; or(C) an applicant or permittee affected by an ownership or control listing or finding.(2) Procedure.(A) To challenge an ownership or control listing or finding, the challenger shall submit to the Commission a written explanation of the basis for the challenge, along with any evidence or explanatory materials that the challenger wishes to provide under paragraph (3)(B) of this subsection.(B) The provisions of paragraph (3) of this subsection and of subsection (b) of this section apply only to challenges to ownership or control listings or findings. A challenger may not use these provisions to challenge its liability or responsibility under any other provision of the Act or the implementing regulations.(C) When the challenge concerns a violation under the jurisdiction of a regulatory authority other than the Commission, the Commission must consult the regulatory authority with jurisdiction over the violation and the AVS Office to obtain additional information.(D) The Commission may request an investigation by the AVS Office.(E) At any time, a person listed in AVS as an owner or controller of a surface coal mining operation, may request an informal explanation from the AVS Office as to the reason that person is shown in AVS in an ownership or control capacity. Pursuant to 30 CFR 773.26(e), within 14 days of the request, the AVS Office will provide a response describing why that person is listed in AVS.(3) Burden of proof.(A) In a challenge to a listing of ownership or control in AVS or a finding of ownership or control made under subsection (c)(7) of this section, the challenger must prove by a preponderance of the evidence that it either:(i) does not own or control the entire surface coal mining operation or relevant portion or aspect thereof; or(ii) did not own or control the entire surface coal mining operation or relevant portion or aspect thereof during the relevant time period.(B) In meeting this burden of proof, the challenger must present reliable, credible, and substantial evidence and any explanatory materials to the regulatory authority identified in paragraph (2) of this subsection and to the Commission. The materials presented in connection with the challenge will become part of the permit file, an investigation file, or another public file. If requested by the challenger, the Commission will hold as confidential any information submitted under this paragraph which is not required to be made available to the public under §12.672 of this title (relating to Availability of Records).(C) Materials that may be submitted in response to the requirements of subparagraph (B) of this paragraph include, but are not limited to:(i) notarized affidavits containing specific facts concerning the duties that the challenger performed for the relevant operation, the beginning and ending dates of the challenger's ownership or control of the operation, and the nature and details of any transaction creating or severing the challenger's ownership or control of the operation;(ii) certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases, correspondence, or other relevant company records;(iii) certified copies of documents filed with or issued by any State, municipal, or Federal governmental agency;(iv) an opinion of counsel, when supported by:(I) evidentiary materials;(II) a statement by counsel that he or she is qualified to render the opinion; and(III) a statement that counsel has personally and diligently investigated the facts of the matter.(b) Written agency decision.(1) Within 60 days of receipt of a challenge under subsection (a)(2)(A) of this section, the Commission will review and investigate the evidence and explanatory materials submitted and any other reasonably available information bearing on the challenge and issue a written decision. The decision document must include a statement of whether the challenger owns or controls the relevant surface coal mining operation, or owned or controlled the operation, during the relevant time period.(2) The Commission will promptly provide the challenger with a copy of its decision by either:(A) certified mail, return receipt requested; or(B) any means consistent with the rules governing service of a summons and complaint under Rule 176 of the Texas Rules of Civil Procedure.(3) Service of the decision on the challenger is complete upon delivery and is not incomplete if the challenger refuses to accept delivery.(4) The Commission will post all decisions made under this section on AVS.(5) Any person who receives a written decision under this section and who wishes to appeal that decision must exhaust administrative remedies under the procedures at §12.222 of this title (relating to Administrative Review), before seeking review under §12.223 of this title (relating to Judicial Review).(6) Following service of the written decision or any decision by a reviewing administrative or judicial tribunal, the Commission shall review the information in AVS to determine if it is consistent with the decision. If it is not, the Commission shall promptly revise the information in AVS to reflect the decision.(c) Post-permit issuance information requirements for the Commission.(1) For the purposes of future permit eligibility determinations and enforcement actions, the Commission shall enter into AVS all permit records, unabated or uncorrected violations, changes to information initially required to be provided by an applicant under §12.116(b) or §12.156(b) of this title (relating to Identification of Interests and Compliance Information), and any changes in violation status within 30 days after:(A) the permit is issued or subsequent changes made;(B) the abatement or correction period for a violation expires;(C) the receipt of notice of a change; or(D) abatement, correction, or termination of a violation, or a decision from an administrative or judicial tribunal.(2) If, at any time, the Commission discovers that any person owns or controls an operation with an unabated or uncorrected violation, the Commission shall determine whether enforcement action is appropriate under Subchapter L of this title (relating to Permanent Program Inspection and Enforcement Procedures), and will enter the results of each enforcement action, including administrative and judicial decisions, into AVS.(3) The Commission shall serve a preliminary finding of permanent permit ineligibility under §134.068 and §134.069 of the Act on a permittee or operator, if the criteria in subparagraphs (A) and (B) of this paragraph are met. In making a finding under this paragraph, the Commission will only consider control relationships and violations that would make, or would have made, a permittee ineligible for a permit under §12.215(j) of this title (relating to Review of Permit Applications). The Commission shall make a preliminary finding of permanent permit ineligibility if it finds that:(A) the permittee controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations under §134.068 and §134.069 of the Act; and(B) the violations are of such nature and duration with such resulting irreparable damage to the environment as to indicate the permittee's intent not to comply with the Act, its implementing regulations, the regulatory program, or the permit.(4) The permittee may request a hearing on a preliminary finding of permanent permit ineligibility under §12.222 and §12.223 of this title.(5) The Commission shall enter its findings into AVS:(A) if a hearing is not requested and the time for seeking a hearing has expired; or(B) if a hearing is requested, only if the Commission's findings are upheld on administrative appeal.(6) At any time, the Commission may identify any person who owns or controls an entire surface coal mining operation or any relevant portion or aspect thereof. If such person is identified, the Commission shall issue a written preliminary finding to the person and the applicant or permittee describing the nature and extent of ownership or control. The Commission's written preliminary finding shall be based on evidence sufficient to establish a prima facie case of ownership or control.(7) After the Commission issues a written preliminary finding under paragraph (6) of this subsection, the Commission shall allow the person subject to the preliminary finding 30 days in which to submit any information tending to demonstrate the person's lack of ownership or control. If, after reviewing any information the person submits, the Commission is persuaded that the person is not an owner or controller, the Commission shall serve the person a written notice to that effect. If, after reviewing any information submitted, the Commission still finds that the person is an owner or controller, or if the person does not submit any information within the 30-day period, the Commission shall issue a written finding and enter that finding into AVS.(8) If the Commission identifies a person as an owner or controller under paragraph (7) of this subsection, the person may challenge the finding using the provisions of subsection (a) of this section.(d) Post-permit issuance information requirements for permittees.(1) Within 30 days after the issuance of a cessation order under §12.677 of this title (relating to Cessation Orders), the permittee must provide or update all the information required under §12.116(b) or §12.156(b) of this title.(2) The permittee does not need to submit information under paragraph (1) of this subsection if a court of competent jurisdiction grants a stay of the cessation order and the stay remains in effect.(3) Within 60 days of any addition, departure, or change in position of any person identified in §12.116(b)(4) or §12.156(b)(4) of this title, the permittee must provide:(A) the information required under §12.116(b)(4) or §12.156(b)(4) of this title; and(B) the date of any departure.", "sourceNote": "Source Note: The provisions of this §12.234 adopted to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165990", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.235", "label": "Responsibilities: General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7992", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall:(1) review requests for assistance and determine qualified operators;(2) develop and maintain a list of qualified laboratories, and select and pay laboratories for services rendered;(3) conduct periodic on-site evaluations of program activities with the small operator; and(4) participate with the Office in data coordination activities with the U.S. Geological Survey, U.S. Environmental Protection Agency, and other appropriate agencies or institutions.", "sourceNote": "Source Note: The provisions of this §12.235 adopted to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7992", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.236", "label": "Program Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7998", "queryAsDate": "03/11/2026" }, "ruleBody": "To the extent possible with available funds, for qualified small operators who request assistance, the Commission shall:(1) select and pay a qualified laboratory to:(A) determine for the operator the probable hydrologic consequences of the mining and reclamation operations both on and off the proposed permit area in accordance with the data requirements of this Program; and(B) prepare a statement of the results of test borings or core samplings in accordance with the data requirements of this program; and(2) collect and provide general hydrologic information on the basin or subbasin areas within which the anticipated mining will occur. The information provided shall be limited to that required to relate the basin or subbasin hydrology to the hydrology of the proposed permit area.", "sourceNote": "Source Note: The provisions of this §12.236 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7998", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.237", "label": "Eligibility for Assistance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7999", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant is eligible for assistance if he or she:(1) intends to apply for a permit pursuant to the Act; and(2) establishes that his or her probable total actual and attributed production from all locations during any consecutive 12-month period either during the term of his or her permit or during the first 5 years after issuance of his or her permit, whichever period is shorter, will not exceed 300,000 tons. Production from the following operations shall be attributed to the permittee:(A) all coal produced by operations beneficially owned entirely by the applicant or controlled, by reason of ownership, direction of the management or in any other manner whatsoever, by the applicant;(B) the pro rata share, based upon percentage of beneficial ownership, of coal produced by operations in which the applicant owns more than a 10% interest;(C) all coal produced by persons who own more than 10% of the applicant or who directly or indirectly control the applicant by reason of stock ownership, direction of the management or in any other manner whatsoever;(D) the pro rata share of the coal produced by operations owned or controlled by the person who owns or controls the applicant; and(E) all coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them;(3) is not restricted in any manner from receiving a permit under this chapter (relating to Coal Mining Regulations); and(4) does not organize or reorganize his or her company solely for the purpose of obtaining assistance under the small operator assistance program.", "sourceNote": "Source Note: The provisions of this §12.237 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7999", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.238", "label": "Filing for Assistance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165991", "queryAsDate": "03/11/2026" }, "ruleBody": "Each applicant shall submit to the Commission an application for small operator assistance program containing the following information in order to procure funds for program services:(1) a statement of intent to file a permit application;(2) the names and addresses of:(A) the potential permit applicant; and(B) the potential operator if different from the applicant;(3) a schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant under the eligibility parameters. The schedule shall include for each location:(A) the name under which coal is or will be mined;(B) the permit number and Mine Safety and Health Administration (MSHA) identification number;(C) the actual coal production for the year preceding the application for assistance and that portion of the production attributed to the applicant; and(D) the estimated coal production for each year of the proposed permit and that portion attributed to the applicant;(4) A description of:(A) the method of surface coal mining operation proposed;(B) the anticipated starting and termination dates of mining operations;(C) the number of acres of land to be affected by the proposed mining; and(D) a general statement on the probable depth and thickness of the coal resource, including a statement of reserves in the permit area and the method by which they were calculated;(5) A U.S. Geological Survey topographic map which clearly shows:(A) the area of land to be affected and the natural drainage above and below the affected area;(B) the names of property owners within the area to be affected and of adjacent lands;(C) the location of existing structures and developed water sources within the area to be affected and on adjacent lands;(D) the location of existing and proposed test boring or core samplings; and(E) the location and extent of known workings of any underground mines; and(6) Copies of documents which show that:(A) the applicant has a legal right to enter and commence mining within the permit area; and(B) a legal right of entry has been obtained for the Commission, Office and laboratory personnel to inspect the lands to be mined and adjacent lands which may be affected to collect environmental data or install necessary instruments.", "sourceNote": "Source Note: The provisions of this §12.238 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165991", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.239", "label": "Application Approval and Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the applicant is eligible and information is not readily available which would preclude issuance of a permit to the applicant for mining in the area proposed, the Commission shall:(1) determine the minimum data requirements necessary for the proposed site;(2) select the services of one or more qualified laboratories to perform the required work; and(3) provide a copy of the contract or other appropriate work order and the final approved report to the applicant.(b) The Commission shall inform the applicant in writing if the application is denied and shall state the reasons for denial.(c) The granting of assistance under §§12.235 - 12.238, this section, and §§12.240 - 12.243 of this title (relating to Small Operator Assistance) shall not be a factor in decisions by the Commission on a subsequent permit application.", "sourceNote": "Source Note: The provisions of this §12.239 adopted to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7961", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.240", "label": "Data Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8001", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Minimum Requirements.(1) A determination of the probable hydrologic consequences of the mining and reclamation operations, both on- and off-site, shall be made by a qualified laboratory. The data for this determination shall include:(A) the existing and projected surface- and ground-water seasonal flow regime, including water-level and water-table evaluations; and(B) the existing and projected seasonal quality of the surface- and ground-water regime. This shall include measurements and estimates of dissolved and suspended solids, pH, iron, manganese, surface and channel erosion and other water-quality parameters specified in the application for surface mining operation permit.(2) A statement of the results of test borings or core samplings from the proposed permit area, including:(A) logs from any drill holes including identification of each stratum and water level penetrated;(B) the coal seam thickness and its chemical analysis including sulfur content;(C) the chemical analysis of potentially acid- or toxic-forming sections of the overburden, and the chemical analysis of the stratum lying immediately underneath the coal to be mined; and(D) other information as needed on a site-specific basis.(b) Exemptions. The statement by a qualified laboratory under subsection (a)(2) of this section may be waived by the Commission by a written determination that such requirements are unnecessary with respect to a specific surface mining operation permit application.(c) Data Availability. Data collected under this program shall be made available to all interested persons, except information related to the chemical and physical properties of coal, when so requested by the applicant. Information regarding the mineral or elemental content of the coal which is potentially toxic in the environment shall be made available.", "sourceNote": "Source Note: The provisions of this §12.240 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8001", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.241", "label": "Qualified Laboratories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "346", "queryAsDate": "03/11/2026" }, "ruleBody": "Basic Qualifications.(1) To qualify for designation, the laboratory shall demonstrate that it:(A) is staffed with experienced, professional personnel in the fields of hydrology, mining engineering, aquatic biology, geology or chemistry as applicable to the work to be performed;(B) is capable of collecting necessary field data and samples;(C) has adequate space for material preparation, cleaning and sterilizing of necessary equipment, stationary equipment, storage and space to accommodate periods of peak work loads;(D) meets the requirements of the Occupational Safety and Health Act;(E) has the financial capability and business organization necessary to perform the work required;(F) has analytical, monitoring and measuring equipment capable of meeting the applicable standards and methods contained in:(i) Standard Methods for the Examination of Water and Wastewater, 15th Edition, 1980. This publication is available from the American Public Health Association, 1015 18th Street, NW, Washington, D.C. 20036; and(ii) Methods for Chemical Analysis of Water and Wastes, 1974. This publication is available from the Office of Technology Transfer, U.S. Environment. Research Laboratory, Cincinnati, Ohio 45268. These standards are hereby incorporated by reference; and(G) has the capability of making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic engineering or analytical methods, or other appropriate methods or guidelines for data acquisition.(2) The qualified laboratory shall be capable of performing either the determination of probable hydrologic consequences or the statement of results of test borings as described in §12.240(a)(1) or (2) of this title (relating to Data Requirements). Subcontractors may be used to provide the services required provided they have been designated as a qualified laboratory.", "sourceNote": "Source Note: The provisions of this §12.241 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "346", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.242", "label": "Assistance Funding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8002", "queryAsDate": "03/11/2026" }, "ruleBody": "Allocation of funds. If funds are inadequate to provide services pursuant to this program, the Commission shall, to the extent practicable, establish a formula for allocating funds among eligible operators by prorating monies available downward as tonnage of coal to be mined increases, and considering such factors as the applicant's:(1) anticipated date of filing a permit application;(2) anticipated date for commencing mining; and(3) performance history.", "sourceNote": "Source Note: The provisions of this §12.242 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8002", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "G", "label": "SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS" }, "rule": { "number": "§12.243", "label": "Applicant Liability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8003", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A coal operator who has received assistance pursuant to §§12.236 and 12.240 of this title (relating to Program Services, and to Data Requirements) shall reimburse the Commission for the cost of the services rendered if the applicant:(1) submits false information;(2) fails to submit a permit application within 1 year from the date of receipt of the approved laboratory report;(3) fails to mine after obtaining a permit;(4) if the Commission finds that the operator's actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit; or(5) the permit is sold, transferred, or assigned to another person and the transferee's total actual and attributed production exceeds the 300,000-ton production limit during the 12 months immediately following the date on which the permit was originally issued. Under this subsection, the applicant and its successor are jointly and severally obligated to reimburse the Commission.(b) The Commission may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.", "sourceNote": "Source Note: The provisions of this §12.243 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8003", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.300", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8004", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.(1) Collateral bond--An indemnity agreement in a sum certain deposited with the Commission and executed by the permittee and supported by one or more of the following:(A) the deposit of cash in one or more accounts, payable only to the Commission upon demand after the Commission has determined the need for forfeiture and has notified the permittee of forfeiture action;(B) negotiable bonds of the United States, a state or municipality, endorsed to the order of, and in the possession of, the Commission;(C) negotiable certificates of deposit, made payable only to the Commission in its possession;(D) an irrevocable letter of credit of any bank authorized to transact business in the United States, payable upon demand;(E) a perfected, first-lien security interest in real or personal property, in favor of the Commission; or(F) investment-grade related securities, having a rating of AAA, AA, A or equivalent rating, issued by a nationally recognized securities rating service, endorsed to the order of, and in the possession of, the Commission.(2) Self-bond--An indemnity agreement in a sum certain payable to the Commission, executed by the permittee and in an amount determined sufficient to assure performance of reclamation responsibilities pursuant to the permit requirements.(3) Surety bond--An indemnity agreement in a sum certain payable to the Commission executed by the permittee as principal which is supported by the performance guarantee of a corporation licensed to do business as a surety in Texas.", "sourceNote": "Source Note: The provisions of this §12.300 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8004", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.301", "label": "Requirements To File a Bond" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "24664", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After an application for a permit to conduct surface coal mining and reclamation operations has been approved but before such permit is issued, the applicant shall file with the Commission a performance bond or bonds payable to the Commission. The performance bond will be conditioned upon the faithful performance of all the requirements of the Act, this chapter (relating to Coal Mining Regulations), and the provisions of the reclamation plan and permit. The amount, duration, form, conditions and terms of the performance bond shall conform to §§12.304-12.307 of this title (relating to Amount and Duration of Performance Bond) and §§12.308-12.311 of this title (relating to Form, Conditions, and Terms of Performance Bond and Liability Insurance).(b) The bond or bonds shall cover the entire permit area, or an identified increment of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations during the initial term of the permit. As operations on succeeding areas are initiated and conducted, the permittee shall file with the Commission an additional bond or bonds to cover such areas in accordance with this section. The bond or bonds shall not be for an area that is smaller than the entire area upon which surface coal mining and reclamation operations will be conducted in a given permit term.(1) After the amount of the bond has been determined for the permit area in accordance with §§12.304-12.307 of this title (relating to Amount and Duration of Performance Bond), the permittee or applicant may either file:(A) the entire performance bond required during the term of the permit; or(B) an incremental bond schedule and the new performance bond required for the first increment in the schedule.(2) When the operator elects to \"increment\" the amount of the performance bond during the term of the permit, he shall identify the initial and successive incremental areas for bonding on the permit application map submitted for approval as provided in §12.142 of this title (relating to Operation Plan: Maps and Plans), and shall specify the proportion of the total bond amount required for the term of the permit which will be filed prior to commencing operations on each incremental area. Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the Commission become necessary pursuant to §§12.314-12.317 of this title (relating to Performance Bond Forfeitures Criteria and Procedures). The scheduled amount of each performance bond increment shall be filed with the Commission at least 30 days prior to the commencement of surface coal mining and reclamation operations in the next incremental area.(c) Surface disturbances which are a part of underground operations, and other long-term operations may be bonded for a period of less than the permit term; however, continuous bond coverage must be maintained during active operations at those sites and for the applicable liability period after operations have ceased.", "sourceNote": "Source Note: The provisions of this §12.301 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "24664", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.302", "label": "Requirement To File a Certificate of Liability Insurance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8005", "queryAsDate": "03/11/2026" }, "ruleBody": "Each applicant for a permit shall submit to the Commission as part of the permit application:(1) a certificate issued by an insurance company authorized to do business in Texas. The amount, duration, form, conditions and terms of this insurance shall conform to §12.311 of this title (relating to Terms and Conditions for Liability Insurance); or(2) evidence that it satisfies applicable state or federal self-insurance requirements and that self-insurance for liability is otherwise consistent with §12.311 of this title (relating to Terms and Conditions for Liability Insurance).", "sourceNote": "Source Note: The provisions of this §12.302 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8005", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.303", "label": "Commission Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8006", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall prescribe and furnish the form for filing a performance bond.(b) The Commission shall prescribe terms and conditions for performance bonds and insurance by regulations which meet, at a minimum, the requirements of §§12.304-12.307 of this title (relating to Amount and Duration of Performance Bond), and of §§12.308-12.311 of this title (relating to Form, Conditions, and Terms of Performance Bond and Liability Insurance).(c) The Commission shall determine the amount of the performance bond required for the permit area including adjustments to the initial amount from time-to-time as land acreages in the permit area are revised, or when other relevant conditions change according to the minimum requirements of §12.304(a) of this title (relating to Determination of Bond Amount).(d) The Commission may accept a self-bond in lieu of a surety or collateral bond if the permittee meets the requirements of §12.309(j) of this title (relating to Terms and Conditions of the Bond) and any additional requirements of §12.309(a)-(d) of this title (relating to Terms and Conditions of the Bond).(e) The Commission shall release the permittee from his bond and insurance requirements consistent with §§12.312 and 12.313 of this title (relating to Procedures, Criteria, and Schedule for Release of Performance Bond).(f) The Commission may cause all or part of a bond to be forfeited consistent with §§12.314-12.317 of this title (relating to Performance Bond Forfeitures Criteria and Procedures).", "sourceNote": "Source Note: The provisions of this §12.303 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8006", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.304", "label": "Determination of Bond Amount" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8008", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential, and shall be determined by the Commission.(b) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work has to be performed by the Commission in the event of forfeiture; and(c) In no case shall the bond for the entire area under one permit be less than $10,000.(d) The amount of bond shall be based on, but not limited to, the estimated cost submitted by the permit applicant and shall be determined by the Commission.", "sourceNote": "Source Note: The provisions of this §12.304 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8008", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.306", "label": "Period of Liability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8009", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Liability under the performance bond(s) shall continue until all reclamation, restoration and abatement work required of persons who conduct surface coal mining and reclamation operations under requirements of the Act, this chapter (relating to Coal Mining Regulations), and the provisions of the permit has been completed, and the permit terminated by release of the permittee from any further liability in accordance with §§12.312 and 12.313 of this title (relating to Procedures, Criteria, and Schedule for Release of Performance Bond).(b) The period of liability shall continue in areas with more than 26.0 inches average annual precipitation, for not less than 5 years and in areas of 26.0 inches or less average annual precipitation for not less than 10 years.(c) A portion of a bonded area requiring extended liability because of augmentation may be separated from the original area and bonded separately upon approval by the Commission.(d) If the Commission approves a long-term intensive agricultural post-mining land use, in accordance with §12.399 of this title (relating to Postmining Land Use), the applicable five- or ten-year period of liability shall commence at the date of initial planting.(e) The Commission shall cause all or part of a bond to be forfeited consistent with §§12.314-12.317 of this title (relating to Performance Bond Forfeitures Criteria and Procedures). Actions of third parties which are beyond the control of the operator and for which the operator is not responsible under the permit need not be covered by the bond.", "sourceNote": "Source Note: The provisions of this §12.306 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8009", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.307", "label": "Adjustment of Amount" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8010", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The amount of the performance bonds applicable to a permit may be adjusted by the Commission when the cost of future reclamation work changes. The Commission shall notify the permittee, surety, and any other person with a property interest in the collateral posted under this subchapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations), of any proposed bond adjustment and provide the permittee an opportunity for an informal conference on the adjustment. Bond adjustments are not subject to procedures of bond release under §§12.312 and 12.313 of this title (relating to Procedures, Criteria, and Schedule for Release of Performance Bond).(b) A permittee may request reduction of the amount of performance bond upon submission of evidence to the Commission proving that the permittee's method of operation or other circumstances will reduce the estimated cost to the Commission to reclaim the area bonded. This reduction of bond shall be deemed a bond adjustment.(c) In the event that an approved operations and reclamation plan is modified in accordance with Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems), the Commission will review the bond for adequacy and, if necessary, will adjust the bond to conform to the operations and reclamation plan as modified.(d) The amount of the bond or deposit required and the terms of each acceptance of the applicant's bond shall be adjusted by the Commission from time to time as affected land acreages are increased or decreased or where the cost of future reclamation changes.", "sourceNote": "Source Note: The provisions of this §12.307 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8010", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.308", "label": "Form of the Performance Bond" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183933", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The form for the performance bond shall be prescribed by the Commission in accordance with this section. The Commission may allow for:(1) a surety bond;(2) a collateral bond;(3) an escrow account bond;(4) self-bonding; or(5) combined surety/escrow bonding.(b) Where the mining operation is owned by two or more persons or entities, the Commission shall allow each person to provide separate financial assurance provided that the total of such assurance is sufficient to accomplish reclamation.(c) A blanket bond covering statewide or countywide operations may be furnished if the terms and conditions thereof are sufficient to comply with the regulations in §§12.308 through 12.311 of this title (relating to Form, Conditions, and Terms of Performance Bond and Liability Insurance), and if approved by the Commission.", "sourceNote": "Source Note: The provisions of this §12.308 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183933", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.309", "label": "Terms and Conditions of the Bond" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "348", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Amount of bond. The performance bond shall be in an amount determined by the Commission as provided in §12.304 of this title (relating to Determination of Bond Amount).(b) Payee. The performance bond shall be payable to the Commission.(c) Performance requirement. The performance bond shall be conditioned upon faithful performance of all of the requirements of the Act, this chapter (relating to Coal Mining Regulations), and the conditions of the permit.(d) Time period of bond. The duration of the bond shall be for the time period provided in §12.306 of this title (relating to Period of Liability).(e) Bonding bank and surety company requirements.(1) The bond shall provide a mechanism for a bond or surety company to give prompt notice to the Commission and the permittee of any action filed alleging the insolvency or bankruptcy of the surety company or the bank or alleging any violation which would result in suspension or revocation of the surety or bank's charter or license to do business; and(2) Upon the incapacity of a bank or surety company by reason of bankruptcy, insolvency or suspension, or revocation of its charter or license, the permittee shall be deemed to be without bond coverage. The Commission shall issue a notice to any operator who is without bond coverage and shall specify a reasonable period to replace bond coverage, not to exceed 90 days.(f) Surety bonds. Surety bonds shall be subject to the following conditions:(1) the bond shall be executed by the operator and a corporate surety licensed to do business in the state where such operation is located; and(2) surety bonds shall be non-cancellable during their term.(g) Letters of credit. Letters of credit shall be subject to the following conditions:(1) the letter may only be issued by a bank organized or authorized to do business in the U.S.;(2) letters of credit must be irrevocable during their terms. A letter of credit used as security in areas requiring continuous bond coverage shall be forfeited and shall be collected by the Commission if not replaced by another suitable bond or letter of credit at least 30 days before its expiration date; and(3) the letter must be payable to the Commission in part or in full upon demand and receipt from the Commission of a notice of forfeiture issued in accordance with §§12.314 through 12.317 of this title (relating to Performance Bond Forfeitures Criteria and Procedures).(h) Collateral Bonds. Real and personal property posted as a collateral bond shall meet the following criteria:(1) the applicant shall grant the Commission a mortgage or perfected first-lien security interest in real or personal property with a right to sell or otherwise dispose of the property in the event of forfeiture under §§12.314 through 12.317 of this title (relating to Performance Bond Forfeitures Criteria and Procedures);(2) in order for the Commission to evaluate the adequacy of the property offered to satisfy this requirement, the applicant shall submit a schedule of the real or personal property which shall be pledged to secure the obligations under the indemnity agreement. The list shall include:(A) a description of the property;(B) the fair market value as determined by an appraisal conducted by an appraiser authorized by the Commission; and(C) proof of possession and title to the real property; and(3) the property may include land which is part of the permit area; however, land pledged as security shall not be mined under any permit.(i) Escrow bonding.(1) The Commission may authorize the operator to supplement the bond through the establishment of an escrow account deposited in one or more accounts payable on demand only to the Commission or deposited with the Commission directly. The total bond, including the escrow amount, shall not be less than the amount required under terms of performance bonds, including any adjustments, less amounts released in accordance with release of performance bonds.(2) Interest paid on an escrow account shall be retained in the escrow account and applied to the bond value of the escrow account unless the Commission has approved that the interest be paid to the operator.(3) Certificates of deposit may be substituted for escrow accounts upon approval of the Commission.(j) Self-bonding.(1) Definitions. For the purposes of this subsection only:(A) Current assets--Cash or other assets or resources which are reasonably expected to be converted to cash or sold or consumed within one year or within the normal operating cycle of the business.(B) Current liabilities--Obligations which are reasonably expected to be paid or liquidated within one year or within the normal operating cycle of the business.(C) Fixed assets--Plants and equipment, but does not include land or coal in place.(D) Governmental entity--Municipal corporation, political subdivision, or public agency of the State of Texas.(E) Liabilities--Obligations to transfer assets or provide services to other entities in the future as a result of past transactions.(F) Net worth--Total assets minus total liabilities and is equivalent to owner's equity.(G) Self-bond--An indemnity agreement in a sum certain executed by a qualified applicant, or by an applicant and its qualified third-party guarantor, and made payable to the Commission, with or without separate surety.(H) SIC code--The standard industrial classification used by Dun and Bradstreet Corporation to identify various industry groups such as electric utility companies. Data identified by SIC code are to be the current data for the last annual period compiled and reported by Dun and Bradstreet Corporation.(I) Tangible net worth--Net worth minus intangibles such as goodwill and rights to patents or royalties.(2) Requirements for a business and governmental entities. The Commission may accept a self bond from an applicant that is a business or governmental entity if all of the following conditions are met by the applicant:(A) the applicant designates a suitable agent to receive service of process in this state;(B) the applicant has been in continuous operation for a period of not less than 5 years immediately preceding the date of application.(i) The Commission may allow a joint venture or syndicate with less than 5 years of continuous operation to qualify under this requirement, if each member of the joint venture or syndicate has been in continuous operation for at least 5 years immediately preceding the date of application.(ii) When calculating the period of continuous operation, the Commission may exclude past periods of interruption of the operation of the entity that were beyond the applicant's control and do not affect the applicant's likelihood of remaining in business during the proposed surface coal mining and reclamation operations;(C) the applicant submits financial information in sufficient detail to show that the applicant meets one or more of the following criteria:(i) the applicant has a current rating for its most recent bond issuance of \"A\" or higher as issued by either Moody's Investor Service or Standard and Poor's Corporation;(ii) the application has a tangible net worth of at least $10 million, a ratio of total liabilities to net worth of 2.5 times or less, and a ratio of current assets to current liabilities of 1.2 times or greater; or(iii) the applicant's fixed assets in the United States total at least $20 million, and the applicant has a ratio of total liabilities to net worth of 2.5 times or less, and a ratio of current assets to current liabilities of 1.2 times or greater; or(iv) the applicant has an investment-grade rating for its most recent bond issuance of \"Baa3\" or higher from Moody's Investor Service and \"BBB-\" or higher from Standard and Poor's Corporation, and meets the requirements of either subclause (I) or (II) of this clause. If the applicant or the guarantor of a self-bond receives an investment rating or notification of an investment rating by Moody's Investor Service or Standard and Poor's Corporation of any of its bonds lower than the rating included in the application as a bond approval criterion existing at time of Commission approval of its application for self-bonding, the guarantor and permittee receiving such rating shall promptly notify the Commission, which shall immediately hold a hearing to consider and determine the adequacy of the guarantor's self-bond. The limitation contained in subclause (II)(-c-) of this clause applies only to applicants or guarantors qualifying pursuant to subclause (II) of this clause, and does not affect the limitation set out in paragraph (4)(A) of this subsection for applicants or guarantors seeking acceptance of a self-bond pursuant to clauses (i) - (iii) or (iv)(I) of this subparagraph.(I) The applicant:(-a-) has a tangible net worth of at least $10 million and fixed assets in the United States totaling at least $20 million; and(-b-) has a ratio of total liabilities to net worth of 2.5 or less; or a ratio of total liabilities to net worth that is equal to or less than the industry median reported by Dun and Bradstreet Corporation for the applicant's primary SIC code; and(-c-) has a ratio of current assets to current liabilities that is equal to or greater than the industry median reported by Dun and Bradstreet Corporation for the applicant's primary SIC code; or the applicant has a current credit rating of \"4A2\" or higher from Dun and Bradstreet Corporation; or(II) The applicant:(-a-) has a net worth of at least $100 million and fixed assets in the United States totaling at least $200 million; and(-b-) has issued and currently has outstanding securities pursuant to the provisions of the Securities Act of 1933 and is subject to the periodic financial reporting requirements established by the Securities and Exchange Act of 1934; and(-c-) has a total amount of outstanding and proposed self-bonds for surface coal mining and reclamation operations not exceeding 16 2/3 percent of the applicant's net worth in the United States; and(D) the applicant submits:(i) financial statements for the most recently completed fiscal year accompanied by a report prepared by an independent certified public accountant in conformity with generally accepted accounting principles and containing the accountant's audit opinion or review opinion of the financial statements with no adverse opinion;(ii) unaudited financial statements for completed quarters in the current fiscal year; and(iii) additional information as may be requested by the Commission.(3) Requirements for a third-party guarantee. The Commission may accept a self-bond from an applicant and the applicant's qualified third-party guarantor if the guarantor meets the conditions of paragraph (2)(A), (B), (C) and (D) of this subsection as if it were the applicant and the applicant meets the conditions of paragraph (2)(A), (B) and (D) of this subsection. Such a written guarantee shall be referred to as a \"third-party guarantee.\" The terms of the third-party guarantee shall provide for the following:(A) if the applicant fails to complete the reclamation plan, the guarantor shall do so or the guarantor shall be liable under the indemnity agreement to provide funds to the Commission sufficient to complete the reclamation plan, but not to exceed the bond amount;(B) the third-party guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the applicant and to the Commission at least 90 days in advance of the cancellation date, and the Commission accepts the cancellation.(C) the cancellation may be accepted by the Commission if the applicant obtains suitable replacement bonding in accordance with §12.310 of this title (relating to Replacement of Bonds) before the cancellation date or if the lands for which the self-bond, or portion thereof, was accepted have not been disturbed.(4) Limitations.(A) For the Commission to accept an applicant's self-bond, the total amount of the outstanding and proposed self-bonds of the applicant for surface coal mining and reclamation operations shall not exceed 25 percent of the applicant's tangible net worth in the United States.(B) For the Commission to accept a third-party guarantee, the total amount of the guarantor's present and proposed self-bonds and guaranteed self-bonds for surface coal mining and reclamation operations shall not exceed 25 percent of the guarantor's tangible net worth in the United States.(5) Indemnity agreement. If the Commission accepts an applicant's self-bond, an indemnity agreement shall be submitted subject to the following requirements:(A) the indemnity agreement shall be executed by all persons and parties who are to be bound by it, including the third-party guarantor, and shall bind each jointly and severally;(B) applicants applying for a self-bond and third-parties guaranteeing an applicant's self-bond shall submit an indemnity agreement signed by two officers who are authorized to bind the applicant and third-party guarantor. A copy of such authorization shall be provided to the Commission with an affidavit certifying that such an agreement is valid under all applicable state and federal laws. Whenever the applicant or third-party guarantor is a corporation, each respective corporation shall provide a copy of the corporate authorization demonstrating that the corporation may guarantee the self-bond and execute the indemnity agreement;(C) if the applicant is a partnership, joint venture or syndicate, the agreement shall bind each partner or party who has a beneficial interest, directly or indirectly, in the applicant;(D) pursuant to §12.314 of this title (relating to Forfeiture of Bonds), the applicant or third-party guarantor shall be required to complete the approved reclamation plan for the lands in default or to pay to the Commission an amount necessary to complete the approved reclamation plan, not to exceed the bond amount; and(E) when under forfeiture and when necessary to enforce the provisions of the Act and these regulations, the indemnity agreement shall be referred by the Commission to the Attorney General to obtain a judgement as provided by law;(6) Current financial information. An applicant that is self-bonded under this section shall submit to the Commission an update of the information required under paragraph (2)(C) and (D) of this subsection within 90 days after the close of each fiscal year following the issuance of the self-bond or corporate guarantee. When a self-bond is guaranteed by a third-party guarantor, both the applicant and its third-party guarantor shall comply with this paragraph.(7) Substitute bonding. If at any time during the period when a self-bond is in effect, the financial conditions of the applicant or the third-party guarantor change so that the criteria of paragraph (2)(C) and (D) of this subsection are not satisfied, the permittee shall notify the Commission immediately and shall submit an alternate form of bond in the same amount as the self-bond. It is the intent of the Commission that substitute bonds under this paragraph be timely filed in order that they may be reviewed and acted upon by the Commission within a reasonable time, not to exceed 90 days, from the date of notification. Should the permittee fail to post an adequate substitute bond as required by this paragraph, the permittee shall cease coal extraction and shall immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mining operations shall not resume until the Commission has determined that an acceptable bond has been posted.(k) Combined surety/escrow bonding. The Commission may accept a combined surety/escrow bonding schedule provided that:(1) a surety bond payable to the Commission is posted in the amount determined under §12.304 of this title (relating to Determination of Bond Amount) for reclamation of each successive increment;(2) an interest-bearing escrow account payable to the Commission with a predetermined deposit amount and frequency is established;(3) the amount of the surety bond shall always be sufficient to cover the difference between the escrow balance and the total reclamation cost;(4) the terms and conditions of the escrow account shall be developed jointly by the operator, surety and Commission. Deposits to the escrow account by the operator shall be made periodically and so reported to the Commission. Failure to make deposits on schedule shall be just cause for action by the Commission; and(5) a certified escrow account balance statement shall be provided periodically to the surety and the Commission.(l) Persons with an interest in collateral posted as a bond, and who desire notification of actions pursuant to the bond, shall request the notification in writing to the Commission at the time collateral is offered.", "sourceNote": "Source Note: The provisions of this §12.309 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective November 12, 2007, 32 TexReg 8124; amended to be effective April 25, 2017, 42 TexReg 2167." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "348", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.310", "label": "Replacement of Bonds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158978", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may allow permittees to replace existing bonds with other bonds if the liability which has accrued against the permittee on the permit area is transferred to such replacement bonds.(b) The Commission shall not release existing performance bonds until the permittee has submitted and the Commission has approved acceptable replacement performance bonds. A replacement of performance bonds pursuant to this section shall not constitute a release of bond under §§12.312 and 12.313 of this title (relating to Procedures, Criteria, and Schedule for Release of Performance Bond).", "sourceNote": "Source Note: The provisions of this §12.310 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158978", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.311", "label": "Terms and Conditions for Liability Insurance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26313", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall require the applicant to submit at the time of permit application, a certificate certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operation for which the permit is sought. The certificate shall provide for personal injury and property damage protection in an amount adequate to compensate all persons injured or property damaged as a result of surface coal mining and reclamation operations, including use of explosives and damage to water wells, and entitled to compensation under the applicable provisions of state law. Minimum insurance coverage for bodily injury shall be $500,000 for each occurrence and $1,500,000 aggregate; and minimum insurance coverage for property damage shall be $500,000 for each occurrence and $1,000,000 aggregate.(b) The policy shall be maintained in full force during the life of the permit or any renewal thereof and until all surface coal mining and reclamation operations under this chapter (relating to Coal Mining Regulations) have been completed.(c) The policy shall include a rider requiring that the insurer notify the Commission whenever substantive changes are made in the policy, including any termination or failure to renew.(d) The Commission may accept from the applicant, in lieu of a certificate for a public liability insurance policy, satisfactory evidence from the applicant that it satisfies Texas self-insurance requirements and the requirements of this section. The Commission may, upon the request of an applicant that is self-bonded or determined to be eligible for self-bonding under §12.309(j)(2) of this title (relating to Terms and Conditions of the Bond), consider such applicant to meet the self-insurance requirements of this subsection.", "sourceNote": "Source Note: The provisions of this §12.311 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective October 22, 2012, 37 TexReg 8293." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26313", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.312", "label": "Procedure for Seeking Release of Performance Bond" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "349", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Bond release application.(1) The permittee may file a request with the Commission for the release of all or part of a performance bond or deposit. Applications may be filed only at times or during seasons authorized by the Commission in order to properly evaluate the completed reclamation operations. The times or seasons appropriate for the evaluation of certain types of reclamation shall be established in the regulatory program or identified in the mining and reclamation plan required in Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems) and approved by the Commission.(2) Within 30 days after any application for bond or deposit release has been filed with the Commission, the operator shall submit a copy of an advertisement placed at least once a week for four successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. Such advertisement shall be considered part of any bond release application and shall contain the permittee's name, a notification of the precise location of the land affected, the number of acres, the permit number and date approved, the amount of the bond filed and the portion sought to be released, and the type and appropriate dates of reclamation work performed, and a description of the results achieved as they relate to the operator's approved reclamation plan, and the name and address of the Commission office to which written comments, objections, or requests for public hearings and informal conferences on the specific bond release may be submitted pursuant to §12.313(d) and (e) of this title (relating to Criteria and Schedule for Release of Performance Bond). In addition, as part of any bond release application, the permittee shall submit copies of letters which he or she has sent to adjoining property owners, local governmental bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality in which the surface coal mining and reclamation activities took place, notifying them of the intention to seek release from the bond.(3) The permittee shall include in the application for bond release a notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of the Act, the regulatory program, and the approved reclamation plan. Such certification shall be submitted for each application or phase of bond release.(b) Inspection by Commission.(1) Upon receipt of the bond release application, the Commission shall, within 30 days, or as soon thereafter as weather conditions permit, conduct an inspection and evaluation of the reclamation work involved. Such evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of future occurrence of such pollution, and the estimated cost of abating such pollution. The surface owner, agency, or lessee shall be given notice of such inspection and may participate with the Commission in making the bond release inspection. The Commission may arrange with the permittee to allow access to the permit area, upon request by any person with an interest in bond release, for the purpose of gathering information relevant to the proceeding.(2) Within 60 days from the filing of the bond release application, if no public hearing is held pursuant to §12.313(d) of this title (relating to Criteria and Schedule for Release of Performance Bond), or, within 30 days after a public hearing has been held pursuant to §12.313(d), the Commission shall notify in writing the permittee, the surety, or other persons with an interest in bond collateral who have requested notification under §12.309(l) of this title (relating to Terms and Conditions of the Bond), and the persons who either filed objections in writing or objectors who were a party to the hearing proceedings, if any, of its decision to release or not to release all or part of the performance bond.", "sourceNote": "Source Note: The provisions of this §12.312 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "349", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.313", "label": "Criteria and Schedule for Release of Performance Bond" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8014", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may release all or part of the bond for the entire permit area or incremental area if the Commission is satisfied that the reclamation or a phase of the reclamation covered by the bond or deposit or portion thereof has been accomplished in accordance with the following schedules for reclamation of Phases I, II, and III:(1) at the completion of Phase I, after the operator completes the backfilling, regrading (which may include the replacement of topsoil), and drainage control of a bonded area in accordance with the approved reclamation plan, 60% of the bond or collateral for the applicable area;(2) at the completion of Phase II, after revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, an additional amount of bond. When determining the amount of bond to be released after successful revegetation has been established, the Commission shall retain that amount of bond for the revegetated area which would be sufficient to cover the cost of reestablishing revegetation if completed by a third party and for the period specified for operator responsibility in §§134.091-134.109 of the Act for reestablishing revegetation. No part of the bond or deposit shall be released under this Subsection so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by §134.092(a)(10) of the Act and Subchapter K of this chapter (relating to Permanent Program Performance Standards), or until soil productivity for prime farmlands has returned to the equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to §134.052(a)(16) of the Act and §§12.620-12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland). Where a silt dam is to be retained as a permanent impoundment pursuant to Subchapter K of this Chapter, the Phase II portion of the bond may be released under this paragraph so long as provisions for sound further maintenance by the operator or the landowner have been made with the Commission; and(3) at the completion of Phase III, after the operator has completed successfully all surface coal mining and reclamation activities, the release of the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility in §12.395 of this title (relating to Revegetation: Standards for Success) or §12.560 of the title (relating to Revegetation: Standards for Success). However, no bond shall be fully released until all reclamation requirements of the Act and the permit are fully met.(b) If the Commission disapproves the application for release of the bond or portion thereof, the Commission shall notify the permittee, the surety, and any person with an interest in collateral as provided for in §12.309(l) of this title (relating to Terms and Conditions of the Bond), in writing, stating the reasons for disapproval and recommending corrective action necessary to secure said release and allowing opportunity for a public hearing.(c) When any application for total or partial bond release is filed with the Commission, the Commission shall notify the municipality in which a surface coal mining operation is located by certified mail at least 30 days prior to the release of all or a portion of the bond.(d) Any person with a valid legal interest which might be adversely affected by release of the bond, or the responsible officer or head of any federal, state, or local government agency which has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation, or is authorized to develop and enforce environmental standards with respect to such operations, shall have the right to file written objection to the proposed release from bond to the Commission within thirty days after the last publication of the above notice. If written objections are filed, and a hearing requested, the Commission shall inform all interested parties of the time and place of the hearing, and hold a public hearing in the locality of the surface coal mining operation proposed for bond release, or at the State capital, at the option of the objector, within 30 days of the request for such hearing. The date, time, and location of such public hearing shall be advertised by the Commission in a newspaper of general circulation in the locality for two consecutive weeks.(e) Without prejudice to the rights of the objectors, the applicant, or the responsibilities of the Commission pursuant to this section, the Commission may establish an informal conference to resolve such written objections.(f) For the purpose of such hearings under subsection (d) of this section, the Commission shall have the authority to administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses or production of materials, and take evidence including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing shall be made, and a transcript made available on the motion of any party or by order of the Commission.", "sourceNote": "Source Note: The provisions of this §12.313 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8014", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.314", "label": "Forfeiture of Bonds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8015", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may forfeit all or part of a bond for any permit area or an increment of a permit area if reclamation operations are not conducted in accordance with the reclamation plan or the operator defaults on the conditions under which the bond was posted.(b) The Commission may withhold forfeiture if the permittee and surety, if any, agree to a compliance schedule to comply with the violations of the permit or bond conditions.(c) The Commission may allow the surety to complete the reclamation plan if the surety can demonstrate the ability to complete the reclamation plan, including achievement of the capability to support the alternative post-mining land use approved by the Commission. No bond shall be released, except for partial releases authorized under §12.313 of this title (relating to Criteria and Schedule for Release of Performance Bond), until successful completion of all reclamation under the terms of the permit, including applicable liability periods of §12.306 of this title (relating to Period of Liability).(d) In the event forfeiture of the bond is required by this section, the Commission shall:(1) send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if any, of the Commission's determination to forfeit all or part of the bond and reasons for the forfeiture, including a finding of the amount to be forfeited;(2) advise the permittee and surety, if applicable, of any rights of appeal that may be available from the determination under state law;(3) proceed in an action for collection on the bond as provided by applicable laws for the collection of defaulted bonds or other debts, consistent with this section, for the amount forfeited, if an appeal is not filed within a time established by the Commission and a stay of collection issued by the hearing authority or such appeal is unsuccessful; and(4) if an appeal is filed, defend the action.(e) The written determination to forfeit all or part of the bond, including the reasons for forfeiture and the amount to be forfeited, shall be a final decision by the Commission.(f) Upon default, the Commission may forfeit any and all bonds deposited to complete those reclamation operations for which the bonds were posted.(g) The Commission shall utilize funds collected from bond forfeiture to complete the reclamation plan on the permit area on which bond coverage applies and to cover associated administrative expenses.", "sourceNote": "Source Note: The provisions of this §12.314 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8015", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "J", "label": "BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS" }, "rule": { "number": "§12.317", "label": "Determination of Forfeiture Amount" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8016", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall forfeit the amount of the bond for which liability is outstanding and deposit the proceeds thereof in an interest-bearing escrow account for use in the payment of all costs and administrative expenses associated with the conduct of reclamation activities by the Commission.(1) If the estimated amount forfeited is insufficient to pay for the full cost of reclamation, the operator shall be liable for remaining costs. The Commission may complete, or authorize completion of, reclamation of the bonded area and may recover from the operator all costs of reclamation in excess of the amount forfeited.(2) Funds forfeited, including interest accrued, but not used to contract for completion of reclamation work, as indicated in this section, shall be returned by the Commission after reclamation operations have been completed.", "sourceNote": "Source Note: The provisions of this §12.317 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8016", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.325", "label": "General Responsibility of Persons Conducting Coal Exploration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "350", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each person who conducts coal exploration which substantially disturbs the natural land surface and in which 250 tons or less of coal are removed shall file the notice of intention to explore required under §12.110 of this title (relating to General Requirements: Exploration of Less Than 250 Tons) and shall comply with §12.327 of this title (relating to Performance Standards for Coal Exploration).(b) Each person who conducts coal exploration which substantially disturbs the natural land surface and in which more than 250 tons of coal are removed in the area described by the written approval from the Commission, shall comply with the procedures described in the exploration and reclamation operations plan approved under §12.111 of this title (relating to General Requirements: Exploration of More Than 250 Tons) and shall comply with §12.327 of this title (relating to Performance Standards for Coal Exploration).", "sourceNote": "Source Note: The provisions of this §12.325 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "350", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.326", "label": "Required Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "351", "queryAsDate": "03/11/2026" }, "ruleBody": "Each person who conducts coal exploration which substantially disturbs the natural land surface and which removes more than 250 tons of coal shall, while in the exploration area, possess written approval of the Commission for the activities granted under §12.111 of this title §12.111 of this title (relating to General Requirements: Exploration of More Than 250 Tons). The written approval shall be available for review by the authorized representative of the Commission or the Office upon request.", "sourceNote": "Source Note: The provisions of this §12.326 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "351", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.327", "label": "Performance Standards for Coal Exploration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8017", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 USC 1531 et seq.) shall not be disturbed during coal exploration.(b) The person who conducts coal exploration shall, to the extent practicable, measure important environmental characteristics of the exploration area during the operations, to minimize environmental damage to the area and to provide supportive information for any permit application that person may submit under Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems).(c) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of §§12.400(b)-(f), 12.402, and 12.403 of this title (relating to Roads: General, to Utility Installations, and to Support Facilities).(d) If excavations, artificial flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration.(e) Topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation or as required by the Commission.(f) Revegetation of areas disturbed by coal exploration shall be performed by the person who conducts the exploration, or his or her agent. All areas disturbed by coal exploration activities shall be revegetated in compliance with the plan approved by the Commission and carried out in a manner that encourages prompt vegetative cover and recovery of productivity levels compatible with approved post-exploration land use and in accordance with the following:(1) all disturbed lands shall be seeded or planted to the same seasonal variety native to the disturbed area. If both the pre-exploration and post-exploration land uses are intensive agriculture, planting of the crops normally grown will meet the requirements of this subsection; and(2) the vegetative cover shall be capable of stabilizing the soil surface in regards to erosion.(g) With the exception of small and temporary diversions of overland flow of water around new roads, drill pads, and support facilities, no ephemeral, intermittent or perennial streams shall be diverted during coal exploration activities. Overland flow of water shall be diverted in a manner that:(1) prevents erosion;(2) to the extent possible using the best technology currently available, prevents additional contributions of suspended solids to streamflow or runoff outside the exploration area; and(3) complies with all other applicable state and federal requirements.(h) Each exploration hole, borehole, well, or other exposed underground opening created during exploration must meet the requirements of §§12.331-12.333 of this title (relating to Casing and Sealing of Drilled Holes: General Requirements, to Casing and Sealing of Drilled Holes: Temporary, and to Casing and Sealing of Drilled Holes: Permanent).(i) All facilities and equipment shall be removed from the exploration area promptly when they are no longer needed for exploration, except for those facilities and equipment that the Commission determines may remain to:(1) provide additional environmental quality data;(2) reduce or control the on- and off-site effects of the exploration activities; or(3) facilitate future surface mining and reclamation operations by the person conducting the exploration under an approved permit.(j) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance, and shall include sediment control measures such as those listed in §12.343 of this title (relating to Hydrologic Balance: Sediment Control Structures) or sedimentation ponds which comply with §12.344 of this title (relating to Hydrologic Balance: Sedimentation Ponds). The Commission may specify additional measures which shall be adopted by the person engaged in coal exploration.(k) Toxic- or acid-forming materials shall be handled and disposed of in accordance with §§12.346 and 12.386 of this title (relating to Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials). If specified by the Commission, additional measures shall be adopted by the person engaged in coal exploration.", "sourceNote": "Source Note: The provisions of this §12.327 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8017", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.328", "label": "Requirement for a Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person who extracts coal for commercial use or sale during coal exploration operations must first obtain a permit to conduct surface coal mining operations for those operations from the Commission under Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems).(b) With the prior written approval of the Commission, no permit to conduct surface coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for such approval with the Commission. The application shall demonstrate that the coal testing is necessary for the development of a surface coal mining and reclamation operation for which a surface coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following:(1) the name of the testing firm and the locations at which the coal will be tested.(2) if the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include:(A) the specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing;(B) the amount of coal necessary for the test and why a lesser amount is not sufficient; and(C) a description of the specific tests that will be conducted.(3) evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve.(4) an explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation.", "sourceNote": "Source Note: The provisions of this §12.328 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8018", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.330", "label": "Signs and Markers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8019", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Specifications. Signs and markers required under this section and §§12.331-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities) shall:(1) be posted and maintained by the person who conducts the surface mining activities;(2) be of a uniform design throughout the operation that can be easily seen and read;(3) be made of durable material; and(4) conform to local ordinances and codes.(b) Duration of maintenance. Signs and markers shall be maintained during the conduct of all activities to which they pertain.(c) Mine and permit identification signs.(1) Identification signs shall be displayed at each point of access to the permit area from public roads.(2) Signs shall show the name, business address, and telephone number of the person who conducts the surface mining activities and the identification number of the current permit authorizing surface mining activities.(3) Signs shall be retained and maintained until after the release of all bonds for the permit area.(d) Perimeter markers. The perimeter of a permit area shall be clearly marked before the beginning of surface mining activities.(e) Buffer zone markers. Buffer zones shall be marked along their boundaries as required under §12.355 of this title (relating to Hydrologic Balance: Stream Buffer Zones).(f) Blasting signs. If blasting is conducted incident to surface mining activities, the operator shall provide warning signs as required under §12.360 of this title (relating to Use of Explosives: Control of Adverse Effects).(g) Topsoil markers. Where topsoil or other vegetation-supporting material is segregated and stockpiled as required under §12.336 of this title (relating to Topsoil: Storage), the stockpiled material shall be clearly marked.", "sourceNote": "Source Note: The provisions of this §12.330 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8019", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.331", "label": "Casing and Sealing of Drilled Holes: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "352", "queryAsDate": "03/11/2026" }, "ruleBody": "Each exploration hole, other drill hole or borehole, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the Commission, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit area and adjacent area. If these openings are uncovered or exposed by surface mining activities within the permit area they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the Commission. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of §12.351 of this title (relating to Hydrologic Balance: Transfer of Wells). This section does not apply to holes solely drilled and used for blasting.", "sourceNote": "Source Note: The provisions of this §12.331 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "352", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.332", "label": "Casing and Sealing of Drilled Holes: Temporary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8020", "queryAsDate": "03/11/2026" }, "ruleBody": "Each exploration hole, other drill hole or borehole, well, and other exposed underground opening which has been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground-water conditions, shall be temporarily sealed before use and protected during use by barricades, fences, or other protective devices approved by the Commission. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the surface mining activities.", "sourceNote": "Source Note: The provisions of this §12.332 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8020", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.333", "label": "Casing and Sealing of Drilled Holes: Permanent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7994", "queryAsDate": "03/11/2026" }, "ruleBody": "When no longer needed for monitoring or other use approved by the Commission upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under §12.351 of this title (relating to Hydrologic Balance: Transfer of Wells), each exploration hole, other drilled hole or borehole, well, and other exposed underground opening shall be capped, sealed, backfilled, or otherwise properly managed, as required by the Commission, under §12.331 of this title (relating to Casing and Sealing of Drilled Holes: General Requirements) and consistent with 30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.", "sourceNote": "Source Note: The provisions of this §12.333 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7994", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.334", "label": "Topsoil: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8011", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before disturbance of an area, topsoil and subsoils to be saved under §12.335 of this title (relating to Topsoil: Removal) shall be separately removed and segregated from other material.(b) After removal, topsoil shall either be immediately redistributed as required under §12.337 of this title (relating to Topsoil: Redistribution) or stockpiled pending redistribution as required under §12.336 of this title (relating to Topsoil: Storage).", "sourceNote": "Source Note: The provisions of this §12.334 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8011", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.335", "label": "Topsoil: Removal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7988", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Timing. Topsoil shall be removed after vegetative cover that would interfere with the use of the topsoil is cleared from the areas to be disturbed, but before any drilling, blasting, mining, or other surface disturbance.(b) Materials to be removed. All topsoil shall be removed in a separate layer from the areas to be disturbed, unless use of substitute or supplemental materials is approved by the Commission in accordance with subsection (e) of this section. If use of substitute or supplemental materials is approved, all materials to be redistributed shall be removed.(c) Materials to be removed in thin topsoil situations. If the topsoil is less than six inches, a six-inch layer that includes the A horizon and the unconsolidated materials immediately below the A horizon or the A horizon and all unconsolidated material if the total available is less than six inches, shall be removed and the mixture segregated and redistributed as the surface soil layer, unless topsoil substitutes are approved by the Commission pursuant to subsection (e) of this section.(d) Subsoil segregation. The B horizon and portions of the C horizon, or other underlying layers demonstrated to have qualities for comparable root development shall be segregated and replaced as subsoil, if the Commission determines that either of these is necessary or desirable to ensure soil productivity consistent with the approved postmining land use.(e) Topsoil substitutes and supplements.(1) Selected overburden materials may be substituted for or used as a supplement to topsoil, if the Commission determines that the resulting soil medium is equal to or more suitable for sustaining revegetation than is the available topsoil and the substitute material is the best available to support revegetation. This determination shall be based on the results of chemical and physical analyses of overburden and topsoil. These analyses shall include determinations of pH, net acidity or alkalinity, phosphorus, potassium, texture class, and other analyses as required by the Commission. The Commission may also require that results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using these overburden materials.(2) Results of analyses, trials, and tests shall be submitted to the Commission. Certification of trials and tests shall be made by a laboratory approved by the Commission stating that:(A) the proposed substitute material is equal to or more suitable for sustaining the vegetation than is the available topsoil;(B) the substitute material is the best available material to support the vegetation; and(C) the trials and tests were conducted using standard testing procedures.(3) Substituted or supplemental material shall be removed, segregated, and replaced in compliance with the requirements for topsoil under this section.(f) Limits on topsoil removal area. Where the removal of vegetative material, topsoil, or other materials may result in erosion which may cause air or water pollution:(1) the size of the area from which topsoil is removed at any one time shall be limited;(2) the surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and(3) such other measures shall be taken as the Commission may approve or require to control erosion.", "sourceNote": "Source Note: The provisions of this §12.335 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7988", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.336", "label": "Topsoil: Storage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133109", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Topsoil and other materials removed under §12.335 of this title (relating to Topsoil: Removal) shall be stockpiled only when it is impractical to promptly redistribute such materials on regraded areas.(b) Stockpiled materials shall be selectively placed on a stable area within the permit area, not disturbed, and protected from wind and water erosion, unnecessary compaction, and contaminants which lessen the capability of the materials to support vegetation when redistributed.(1) Protection measures shall be accomplished either by:(A) an effective cover of non-noxious, quick-growing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or(B) other methods demonstrated to and approved by the Commission to provide equal protection.(2) Unless approved by the Commission, stockpiled topsoil and other materials shall not be moved until required for redistribution on a regraded area.", "sourceNote": "Source Note: The provisions of this §12.336 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133109", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.337", "label": "Topsoil: Redistribution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "24670", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After final grading and before the replacement of topsoil, topsoil substitutes, and other materials segregated in accordance with §12.335 of this title (relating to Topsoil: Removal), regraded land shall be scarified or otherwise treated as required by the Commission to eliminate slippage surfaces and to promote root penetration. If the person who conducts the surface mining activities shows, through appropriate tests, and the Commission approves, that no harm will be caused to the topsoil and vegetation, scarification may be conducted after topsoiling.(b) Topsoil material, and topsoil substitutes, and other supplements shall be redistributed in a manner that:(1) achieves an approximate uniform, stable thickness consistent with the approved postmining land uses, contours, and surface water drainage system. Soil thickness may also be varied to the extent that such variations help meet the specific revegetation goals identified in the permit;(2) prevents excess compaction of the topsoil, topsoil substitutes, and supplements; and(3) protects the topsoil, topsoil substitutes, and supplements from wind and water erosion before and after it is seeded and planted.", "sourceNote": "Source Note: The provisions of this §12.337 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 12, 2007, 32 TexReg 8124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "24670", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.338", "label": "Topsoil: Nutrients and Soil Amendments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8022", "queryAsDate": "03/11/2026" }, "ruleBody": "Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the redistributed surface soil layer, so that it supports the approved postmining land use and meets the revegetation requirements of §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, and to Revegetation: Standards for Success). All soil tests shall be performed by a qualified laboratory using standard methods approved by the Commission.", "sourceNote": "Source Note: The provisions of this §12.338 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8022", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.339", "label": "Hydrologic Balance: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=353&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "353", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surface mining activities shall be planned and conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damages to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of §§12.330-12.338, this section, and §§12.340-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities). The Commission may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Surface mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.(b) Changes in water quality and quantity, in the depth to ground water, and in the location of surface-water drainage channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.(c) In no case shall federal and state water-quality statutes, regulations, standards, or effluent limitations be violated.(d) Operations shall be conducted to minimize water pollution and, where necessary, treatment methods shall be used to control water pollution.(1) Each person who conducts surface mining activities shall emphasize mining and reclamation practices that prevent or minimize water pollution. Changes in flow of drainage shall be used in preference to the use of water treatment facilities.(2) Acceptable practices to control and minimize water pollution include, but are not limited to:(A) stabilizing disturbed areas through land shaping;(B) diverting runoff;(C) achieving quickly germinating and growing stands of temporary vegetation;(D) regulating channel velocity of water;(E) lining drainage channels with rock or vegetation;(F) mulching;(G) selectively placing waste materials in backfill areas; and(H) selectively placing and sealing acid-forming and toxic-forming materials.(3) If the practices listed in subsection (d)(2) of this section are not adequate to meet the requirements of §§12.330-12.338, this section, and §§12.340-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities), the person who conducts surface mining activities shall operate and maintain the necessary water treatment facilities for as long as treatment is required under §§12.330-12.338, this section, and §§12.340-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities).", "sourceNote": "Source Note: The provisions of this §12.339 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=353&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "353", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.340", "label": "Hydrologic Balance: Water-Quality Standards and Effluent Limitations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202427", "queryAsDate": "03/11/2026" }, "ruleBody": "Discharge of water from areas disturbed by surface mining activities shall be made in compliance with all applicable state and federal water-quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434.", "sourceNote": "Source Note: The provisions of this §12.340 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202427", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.341", "label": "Hydrologic Balance: Diversions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8024", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements.(1) With the approval of the Commission, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of §12.344 of this title (relating to Hydrologic Balance: Sedimentation Ponds) for siltation structures removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the Commission under §12.353 of this title (relating to Hydrologic Balance: Discharge of Water Into an Underground Mine).(2) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:(A) be stable;(B) provide protection against flooding and resultant damage to life and property;(C) prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and(D) comply with all applicable local, state, and federal laws and regulations.(3) Temporary diversions shall be removed when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with §§12.330-12.340, this section, and §§12.342-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities). Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of aquatic habitat.(4) Diversion designs shall incorporate the following:(A) be constructed with gentle sloping banks that are stabilized by vegetation. Asphalt, concrete or other similar linings shall be used only when approved by the Commission to prevent seepage or to provide stability. Channel linings shall be designed using standard engineering practices to pass safely the design velocities and shall be approved for permanent diversions only where they are stable and will require infrequent maintenance;(B) erosion protection shall be provided for transition of flows and for critical areas such as swales and curves;(C) energy dissipators shall be installed when necessary at discharge points, where diversions intersect with natural streams and exit velocities of the diversion ditch flow is greater than that of the receiving stream;(D) excess excavated material not necessary for diversion channel geometry or regrading of the channel shall be disposed of in accordance with §§12.363-12.366 of this title (relating to Disposal of Excess Spoil: General Requirements, to Disposal of Excess Spoil: Valley Fills, to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess Spoil: Durable Rock Fills); and(E) topsoil shall be handled in compliance with §§12.334-12.338 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil Amendments).(b) Diversions of Perennial and Intermittent Streams.(1) Diversions of perennial and intermittent streams within the permit area may be approved by the Commission after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.(2) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.(3) The requirements of subsection (a)(2)(B) of this section shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and floodplain configuration is adequate to pass safely the peak runoff of a 10-year, 6-hour precipitation event for a temporary diversion and a 100-year, 6-hour precipitation event for a permanent diversion.(4) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified professional engineer as meeting the performance standards of this part and any design criteria set by the Commission.(c) Diversion of Miscellaneous Flows.(1) Miscellaneous flows, which consists of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the Commission. Miscellaneous flows shall include ground-water discharges and ephemeral streams.(2) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in subsection (a) of this section.(3) The requirements of subsection (a)(2)(B) of this section shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 2-year, 6-hour precipitation event for a temporary diversion and a 10-year, 6-hour precipitation event for a permanent diversion.", "sourceNote": "Source Note: The provisions of this §12.341 adopted to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8024", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.343", "label": "Hydrologic Balance: Sediment Control Measures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202428", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:(1) prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;(2) meet the more stringent of applicable state or federal effluent limitations; and(3) minimize erosion to the extent possible.(b) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:(1) disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation as required in §12.390(b) of this title (relating to Revegetation: General Requirements);(2) stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of §12.384 of this title (relating to Backfilling and Grading: General Requirements);(3) retaining sediment within disturbed areas;(4) diverting runoff away from disturbed areas;(5) diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;(6) using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland-flow velocity, reduce runoff volume, or trap sediment; and(7) treating with chemicals.", "sourceNote": "Source Note: The provisions of this §12.343 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202428", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.344", "label": "Hydrologic Balance: Siltation Structures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8007", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. For the purposes of this section only, disturbed areas shall not include those areas:(1) in which the only surface mining activities include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with §§12.330-12.343, this section, and §§12.345-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities); and(2) for which the upstream area is not otherwise disturbed by the operator.(b) General requirements.(1) Additional contributions of suspended solids sediment to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.(2) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (5) of this subsection or subsection (e) of this section.(3) Siltation structures for an area shall be constructed before beginning any surface mining activities in that area, and upon construction shall be certified by a qualified professional engineer to be constructed as designed and as approved in the reclamation plan.(4) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with §12.347 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments).(5) Siltation structures shall be maintained until the disturbed area has been stabilized and revegetated and removal is authorized by the Commission. In no case shall the structure be removed sooner than two years after the last augmented seeding.(6) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and §§12.390-12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, and to Revegetation: Standards for Success). Sedimentation ponds approved by the Commission for retention as permanent impoundments may be exempted from this requirement.(c) Sedimentation ponds.(1) When used, sedimentation ponds shall:(A) be used individually or in series;(B) be located as near as possible to the disturbed area and out of perennial streams unless approved by the Commission; and(C) be designed, constructed, and maintained to:(i) provide adequate sediment storage volume. The minimum sediment storage volume shall be equal to the three year accumulated sediment volume from the drainage area to the pond. The sediment volume shall be determined using the Universal Soil Loss Equation, gully erosion rates, and the sediment delivery ratio converted to sediment volume, using either the sediment density or other empirical methods approved by the Commission;(ii) provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations. The minimum detention time without a chemical treatment process shall be 10 hours;(iii) contain or treat the 10-year, 24-hour precipitation event (\"design event\") unless a lesser design event is approved by the Commission based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of §12.340 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) will be met;(iv) provide a nonclogging dewatering device adequate to maintain the detention time required under clause (ii) of this subparagraph;(v) minimize, to the extent possible, short circuiting;(vi) provide periodic sediment removal sufficient to maintain adequate volume for the design event;(vii) ensure against excessive settlement;(viii) be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-processing waste; and(ix) be compacted properly.(2) A sedimentation pond shall include either a combination of principal and auxiliary spillways or single spillway configured as specified in §12.347(a)(9) of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments).(d) Other treatment facilities.(1) Other treatment facilities shall be designed to treat the 10-year, 24-hour precipitation event unless a lesser design event is approved by the Commission based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of §12.340 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) will be met.(2) Other treatment facilities shall be designed in accordance with the applicable requirements of subsection (c) of this section.(e) Exemptions. Exemptions to the requirements of this section may be granted if:(1) the disturbed drainage area within the total disturbed area is small; and(2) the operator demonstrates that siltation structures and alternate sediment control measures are not necessary for drainage from the disturbed area to meet the effluent limitations under §12.340 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) and the applicable state and federal water-quality standards for the receiving waters.", "sourceNote": "Source Note: The provisions of this §12.344 adopted to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8007", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.345", "label": "Hydrologic Balance: Discharge Structures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8025", "queryAsDate": "03/11/2026" }, "ruleBody": "Drainage from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled by energy dissipators, riprap channels, and other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.", "sourceNote": "Source Note: The provisions of this §12.345 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8025", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.346", "label": "Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202429", "queryAsDate": "03/11/2026" }, "ruleBody": "Drainage from acid-forming and toxic-forming spoil into ground and surface waters shall be avoided by:(1) identifying, burying, and treating where necessary, spoil which, in the judgment of the Commission, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;(2) preventing water from coming into contact with acid-forming and toxic-forming spoil in accordance with §12.386 of this title (relating to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials), and other measures as required by the Commission; and(3) burying or otherwise treating all acid-forming or toxic-forming spoil within 30 days after it is first exposed on the mine site, or within a lesser period required by the Commission. Temporary storage of the spoil may be approved by the Commission upon a finding that burial or treatment within 30 days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment first becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.", "sourceNote": "Source Note: The provisions of this §12.346 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202429", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.347", "label": "Hydrologic Balance: Permanent and Temporary Impoundments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8026", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements. The requirements of this subsection apply to both temporary and permanent impoundments.(1) Impoundments meeting the significant or high hazard class criteria of dams in the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service Technical Release No. 60 (210-VI-TR60, July 2005), Earth Dams and Reservoirs, shall comply with the table of Minimum Auxiliary Spillway Hydrologic Criteria in Technical Release No. 60 (TR-60), which is incorporated by reference, and the requirements of this section. Copies may be obtained on the USDA website.(2) An impoundment meeting the size or other criteria of 30 CFR 77.216(a) shall comply with the requirements of 30 CFR 77.216 and of this section.(3) The design of impoundments shall be certified in accordance with §12.148(a) of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments) as designed to meet the requirements of this part using current, prudent, engineering practices and any design criteria established by the Commission. The qualified professional engineer shall be experienced in the design and construction of impoundments.(4) Stability.(A) An impoundment meeting the significant or high hazard class criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), shall have a minimum static factor of 1.5 for a normal pool with steady-state seepage saturation conditions, and a seismic safety factor of at least 1.2.(B) An impoundment not included in subparagraph (A) of this paragraph, except for a coal-mine waste impounding structure, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or meet the requirements of §12.148(c) of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments).(5) Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the significant or high hazard class criteria for dams in TR-60 shall comply with the freeboard hydrograph criteria in the Minimum Auxiliary Spillway Hydrologic Criteria table in TR-60.(6) Foundations.(A) Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the significant or high hazard class criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), foundation investigation, as well as any necessary laboratory testing of foundation material, shall be performed to determine the design requirements for foundation stability.(B) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.(7) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.(8) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.(9) An impoundment shall include either a combination of principal and auxiliary spillways or a single spillway configured as specified in subparagraph (A) of this paragraph, designed and constructed to safely pass the applicable design precipitation event specified in subparagraph (B) of this paragraph.(A) The Commission may approve a single open-channel spillway that is of nonerodible construction and designed to carry sustained flows or earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected(B) Except as specified in subsection (c)(2) of this section, the required design precipitation event for an impoundment meeting the spillway requirements of this paragraph is:(i) for an impoundment meeting the significant or high hazard class criteria for dams in TR-60, the auxiliary spillway hydrograph criteria in the Minimum Emergency Spillway Hydrologic Criteria table in TR-60, or greater event as specified by the Commission;(ii) for an impoundment meeting or exceeding the size or other criteria of 30 CFR 77.216(a), a 100-year, 6-hour event, or greater event as specified by the Commission; and(iii) for an impoundment not included in clauses (i) and (ii) of this subparagraph, a 25-year, 6-hour event, or greater event as specified by the Commission.(10) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of the highwall to provide adequate safety and access for the proposed water user.(11) A qualified professional engineer or other qualified professional specialist under the direction of a professional engineer, shall inspect each impoundment as provided in subparagraph (A) of this paragraph. The professional engineer or specialist shall be experienced in the construction of impoundments.(A) Inspections shall be made regularly during construction, upon completion of the construction, and at least yearly until removal of the structure or release of the performance bond.(B) The qualified professional engineer shall promptly after each inspection required in subparagraph (A) of this paragraph, provide the Commission a certified report that the impoundment has been constructed and/or maintained as designed and in accordance with the approved plan and this chapter. The report shall include discussion of any appearance of instability, structural weakness or other hazard condition, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation, and any other aspects of the structure affecting stability.(C) A copy of the report shall be retained at or near the minesite.(12) Impoundments meeting the NRCS significant or high hazard class criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216 must be examined in accordance with 30 CFR 77.216-3. Impoundments not meeting the NRCS significant or high hazard class criteria for dams in TR-60, or subject to 30 CFR 77.216, shall be examined at least quarterly. A qualified person designated by the operator shall examine impoundments for the appearance of structural weakness and other hazardous conditions.(13) If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the Commission of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Commission shall be notified immediately. The Commission shall then notify the appropriate agencies that other emergency procedures are required to protect the public.(b) Permanent Impoundments. A permanent impoundment of water may be created, if authorized by the Commission in the approved permit based upon the following demonstration:(1) the size and configuration of such impoundment will be adequate for its intended purposes;(2) the quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water-quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water-quality standards;(3) the water level will be sufficiently stable and be capable of supporting the intended use;(4) final grading will provide for adequate safety and access for proposed users;(5) the impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses; and(6) the impoundment will be suitable for the approved postmining land use.(c) Temporary Impoundments.(1) The Commission may authorize the construction of temporary impoundments as part of a surface coal mining operation.(2) In lieu of meeting the requirements of subsection (a)(9)(A) of this section, the Commission may approve an impoundment that relies primarily on storage to control the runoff from the design precipitation event when it is demonstrated by the operator and certified by a qualified professional engineer that the impoundment will safely control the design precipitation event, the water from which shall be safely removed in accordance with current, prudent engineering practices. Such an impoundment shall be located where failure would not be expected to cause loss of life or serious property damage, except where:(A) impoundments meeting the NRCS significant or high hazard class criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), shall be designed to control the precipitation of the probable maximum precipitation of a 6-hour event, or greater event as specified by the Commission; and(B) impoundments not included in subparagraph (A) of this paragraph shall be designed to control the precipitation of the 100-year, 6-hour event, or greater event as specified by the Commission.", "sourceNote": "Source Note: The provisions of this §12.347 adopted to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8026", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.348", "label": "Hydrologic Balance: Ground-Water Protection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8027", "queryAsDate": "03/11/2026" }, "ruleBody": "In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under §12.146 of this title (relating to Reclamation Plan: Protection of Hydrologic Balance) and the following:(1) ground-water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground-water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water; and(2) ground-water quantity shall be protected by handling earth materials and runoff in a manner that will restore the approximate premining recharge capacity of the reclaimed area as a whole, excluding coal mine waste disposal areas and fills, so as to allow the movement of water to the ground-water system.", "sourceNote": "Source Note: The provisions of this §12.348 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8027", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.349", "label": "Hydrologic Balance: Surface-Water Protection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "357", "queryAsDate": "03/11/2026" }, "ruleBody": "In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under §12.146 of this title (relating to Reclamation Plan: Protection of Hydrologic Balance) and the following:(1) surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area; and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of §12.340 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations), the operator shall use and maintain the necessary water-treatment facilities or water controls; and(2) surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under §12.146 of this title (relating to Reclamation Plan: Protection of Hydrologic Balance).", "sourceNote": "Source Note: The provisions of this §12.349 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "357", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.350", "label": "Hydrologic Balance: Surface and Ground-Water Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8028", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Ground water.(1) Ground-water monitoring shall be conducted according to the ground-water monitoring plan approved under §12.146(b) of this title (relating to Reclamation Plan: Protection of Hydrologic Balance). The Commission may require additional monitoring when necessary.(2) Ground-water monitoring data shall be submitted every three months to the Commission or more frequently as prescribed by the Commission. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground-water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the Commission and immediately take the action provided for in §12.221(a) and §12.146(a) of this title (relating to Conditions of Permits: Environment, Public Health, and Safety, and to Reclamation Plan: Protection of Hydrologic Balance).(3) Ground-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of §§12.206-12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions), the Commission may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this section, that:(A) the operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and the water rights of other users have been protected or replaced; or(B) monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under §12.146(b) of this title (relating to Reclamation Plan: Protection of Hydrologic Balance).(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained, and operated and shall be removed when no longer needed.(b) Surface water.(1) Surface-water monitoring shall be conducted according to the surface water monitoring plan approved under §12.146(c) of this title (relating to Reclamation Plan: Protection of Hydrologic Balance). The Commission may require additional monitoring when necessary.(2) Surface-water monitoring data shall be submitted every three months to the Commission or more frequently as prescribed by the Commission. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the Commission and immediately take the action provided for in §12.221(a) and §12.146(a) of this title (relating to Conditions of Permits: Environment, Public Health, and Safety, and to Reclamation Plan: Protection of Hydrologic Balance). The reporting requirements of this paragraph do not exempt the operator from meeting any National Pollutant Discharge Elimination System (NPDES) requirements.(3) Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of §§12.206-12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions), the Commission may modify the monitoring requirements, except those required by the NPDES permitting authority, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this section, that:(A) the operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and the water rights of other users have been protected or replaced; or(B) monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under §12.146(c) of this title (relating to Reclamation Plan: Protection of Hydrologic Balance).(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed when no longer needed.", "sourceNote": "Source Note: The provisions of this §12.350 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8028", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.351", "label": "Hydrologic Balance: Transfer of Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "24506", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An exploratory or monitoring well may only be transferred by the person who conducts surface mining activities for further use as a water well with the prior approval of the Commission. That person and the surface owner of the lands where the well is located shall jointly submit a written request to the Commission for that approval.(b) Upon an approved transfer of a well, the transferee shall:(1) assume primary liability for damages to persons or property from the well;(2) plug the well when necessary, but in no case later than abandonment of the well; and(3) assume primary responsibility for compliance with §§12.331-12.333 of this title (relating to Casing and Sealing of Drilled Holes: General Requirements, to Casing and Sealing of Drilled Holes: Temporary, and to Casing and Sealing of Drilled Holes: Permanent) with respect to the well.(c) Upon an approved transfer of a well, the transferor shall be secondarily liable for the transferee's obligations under subsection (b) of this section, until release of the bond or other equivalent guarantee required by Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations) for the area in which the well is located.", "sourceNote": "Source Note: The provisions of this §12.351 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "24506", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.352", "label": "Hydrologic Balance: Water Rights and Replacement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8029", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface mining activities. Baseline hydrologic information required in §§12.126, 12.130, and 12.146 of this title (relating to Description of Hydrology and Geology: General Requirements, to Alternative Water Supply Information, and to Reclamation Plan: Protection of Hydrologic Balance) shall be used to determine the extent of the impact of mining upon ground water and surface water.", "sourceNote": "Source Note: The provisions of this §12.352 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8029", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.353", "label": "Hydrologic Balance: Discharge of Water into an Underground Mine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8012", "queryAsDate": "03/11/2026" }, "ruleBody": "Surface water shall not be diverted or otherwise discharged into underground mine workings, unless the person who conducts the surface mining activities demonstrates to the Commission that the discharge will:(1) abate water pollution or otherwise eliminate public hazards resulting from surface mining activities;(2) be discharged as a controlled flow, meeting the effluent limitations referenced in §12.340 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) for pH and total suspended solids, except that the pH and total suspended solid limitations may be exceeded, if approved by the Commission, and the discharge is limited to:(A) coal processing waste;(B) fly ash from a coal-fired facility;(C) sludge from an acid mine drainage treatment facility;(D) flue-gas desulfurization sludge;(E) inert materials used for stabilizing underground mines; or(F) underground mine development wastes;(3) in any event not cause, result in, or contribute to a violation of applicable water-quality standards or effluent limitations due to discharge from underground mines to surface waters;(4) minimize disturbance to the hydrologic balance of the permit area, prevent material damage outside the permit area, and otherwise eliminate public hazards resulting from surface mining activities; and(5) meet with the approval of the Mine Safety and Health Administration.", "sourceNote": "Source Note: The provisions of this §12.353 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8012", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.354", "label": "Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8030", "queryAsDate": "03/11/2026" }, "ruleBody": "Before abandoning the permit area, the person who conducts the surface mining activities shall renovate all permanent sedimentation ponds, diversions, impoundments, and treatment facilities to meet criteria specified in the detailed design plans for the permanent structures and impoundments.", "sourceNote": "Source Note: The provisions of this §12.354 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8030", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.355", "label": "Hydrologic Balance: Stream Buffer Zones" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "358", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the Commission specifically authorizes surface mining activities closer to, or through, such a stream. The Commission may authorize such activities only upon finding that:(1) surface mining activities will not cause or contribute to the violation of applicable state or federal water-quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and(2) if there will be a temporary or permanent stream-channel diversion, it will comply with §12.341 of this title (relating to Hydrologic Balance: Diversions).(b) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in §12.330 of this title (relating to Signs and Markers).", "sourceNote": "Source Note: The provisions of this §12.355 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "358", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.356", "label": "Coal Recovery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8032", "queryAsDate": "03/11/2026" }, "ruleBody": "Surface mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.", "sourceNote": "Source Note: The provisions of this §12.356 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8032", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.357", "label": "Use of Explosives: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8033", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each operator shall comply with all applicable state and federal laws and regulations in the use of explosives.(b) Blasts that use more than 5 pounds of explosive or blasting agent shall be conducted according to the schedule required by §12.359 of this title (relating to Use of Explosives: Blasting Schedule).(c) All blasting operations shall be conducted by experienced, trained, and competent persons who understand the hazards involved. A blaster and at least one other person shall be present at the firing of a blast. Each person responsible for blasting operations shall possess a valid certification as required by §§12.700-12.710 of this title (relating to Training, Examination, and Certification of Blasters) and:(1) be familiar with the blasting plan and site-specific performance standards; and(2) give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew to assist in the use of explosives.(d) Blast-design requirements shall include the following:(1) the operator shall submit to the Commission an anticipated blast design if blasting operations will be conducted within:(A) 1,000 feet of any building used as a dwelling, public building, school, church, hospital, nursing facility, or community or institutional building outside the permit area;(B) 500 feet of facilities including, but not limited to, disposal wells, petroleum or gas storage facilities, active or abandoned underground mines, fluid-transmission pipelines, gas or oil-collection lines, or water and sewage lines;(2) the blast design may be presented as part of a permit application or at a time, before the blast, approved by the Commission;(3) the blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock and ground-vibration standards in §12.360 of this title (relating to Use of Explosives: Control of Adverse Effects);(4) the blast design shall be prepared and signed by a certified blaster; and(5) the Commission may require changes to the design submitted.", "sourceNote": "Source Note: The provisions of this §12.357 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8033", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.358", "label": "Use of Explosives: Pre-blasting Survey" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8034", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At least 30 days before initiation of a blasting program, the operator shall notify, in writing, all residents or owners of dwellings or other structures located within 1/2 mile of any part of the permit area regarding how to request a preblasting survey. The request shall be made, in writing, directly to the operator or to the Commission who shall promptly notify the operator. The operator shall promptly conduct a pre-blasting survey of the dwelling or structure and promptly submit a report of the survey to the Commission and to the person requesting the survey. If a structure is renovated or modified subsequent to a pre-blast survey, then upon request a survey of such additions and renovations shall be performed by the operator in accordance with this section.(b) The operator shall determine the condition of the dwelling or structure and shall document any pre-blasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of structures such as pipelines, pipes, cables, transmission lines, cisterns, wells, and other water systems warrant special attention; however, assessment of these structures may be limited to surface conditions and other readily available data. Special attention shall be given to the pre-blasting condition of wells and other water systems used for human, animal, or agricultural purposes and to the quantity and quality of the water.(c) A written report of the survey shall be prepared and signed by the person who conducted the survey. The report may include recommendations of any special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the report shall be promptly provided to the person requesting the survey and to the Commission. If the person requesting the survey disagrees with the results of the survey, he or she may notify, in writing, both the operator and the Commission of the specific areas of disagreement.(d) Any pre-blasting surveys requested before the 10th day before the planned initiation of blasting shall be completed by the operator before the initiation of blasting.", "sourceNote": "Source Note: The provisions of this §12.358 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8034", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.359", "label": "Use of Explosives: Blasting Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166904", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Blasting schedule publication.(1) Each operator shall publish a blasting schedule at least 10 days, but not more than 20 days, before beginning a blasting program in which blasts that use more than 5 pounds of explosive or blasting agent are detonated. The blasting schedule shall be published in a newspaper of general circulation in the locality of the blasting site.(2) Copies of the schedule shall be distributed by mail to local governments and public utilities and by mail or delivered to each residence within 1/2 mile of the proposed blasting site described in the schedule.(3) The operator shall republish and redistribute the schedule at least every 12 months.(b) Blasting schedule contents.(1) A blasting schedule shall not be so general as to cover the entire permit area or all working hours, but shall identify as accurately as possible the location of the blasting sites and the time periods when blasting will occur.(2) The blasting schedule shall contain at a minimum:(A) name, address, and telephone number of the operator;(B) identification of the specific areas in which blasting will take place;(C) dates and time periods when explosives are to be detonated;(D) methods to be used to control access to the blasting area;(E) types and patterns of audible warnings and all-clear signals to be used before and after blasting; and(F) a description of unavoidable hazardous situations referred to in §12.360(b) of this title (relating to Use of Explosives: Control of Adverse Effects) which have been approved by the Commission for blasting at times other than those described in the schedule.(c) Public notice of changes to blasting schedule.(1) Before blasting in areas or at times not in a previous schedule, the operator shall prepare a revised blasting schedule according to the procedures in subsections (a) and (b) of this section. Where notice has previously been mailed to the owner or residents under subsection (a)(2) of this section with advice on requesting a pre-blast survey, the notice of change need not include information regarding pre-blast surveys.(2) If there is a substantial pattern of non-adherence to the published blasting schedule as evidenced by the absence of blasting during scheduled periods, the Commission may require that the operator prepare a revised blasting schedule according to the procedures in subsection (c)(1) of this section.", "sourceNote": "Source Note: The provisions of this §12.359 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166904", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.360", "label": "Use of Explosives: Control of Adverse Effects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8035", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. (1) Blasting shall be conducted in a manner that will prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of ground or surface waters outside the permit area. (2) Except where lesser distances are approved by the Commission, based upon a pre-blasting survey, seismic investigation, and an approved blast design submitted in accordance with the requirements of §12.357(d) of this title (relating to Use of Explosives: General Requirements), blasting shall not be conducted within: (A) 1,000 feet of any building used as a dwelling, public building, school, church, hospital, nursing facility, or community or institutional building outside the permit area; and(B) 500 feet of facilities including, but not limited to, disposal wells, petroleum or gas storage facilities, active and abandoned underground mines, fluid-transmission pipelines, gas or oil-collection lines, or water and sewage lines. (b) Scheduled blasting. All blasting shall be conducted between sunrise and sunset, unless otherwise approved by the Commission upon a showing by the operator that the public will be protected from adverse noise and other impacts. (1) The Commission may limit the area covered, timing and sequence of blasting as listed in the blasting schedule if such limitations are reasonable and necessary in order to protect the public health, safety or welfare. (2) Blasting may be conducted between sunset and sunrise if: (A) a blast that has been prepared during the afternoon must be delayed due to the occurrence of an unavoidable hazardous condition and cannot be delayed until the next day because a potential safety hazard could result that cannot be adequately mitigated; (B) in addition to the required warning signals, oral notices are provided to persons within 1/2 mile of the blasting site; and (C) a complete written report of blasting at night is filed by the operator with the Commission not later than three days after the night blasting. The report shall include a description in detail of the reasons for the delay in blasting including why the blast could not be held over to the next day, when the blast was actually conducted, the warning notices given, and a copy of the blast report required by §12.362 of this title (relating to Use of Explosives: Records of Blasting Operations). (c) Unscheduled blasting. Unscheduled blasting may be conducted only where public or operator health and safety so require, and for emergency blasting actions. The operator shall use audible signals to notify residents within 1/2 mile of the blasting site prior to conducting unscheduled blasting, and shall document the reason for the unscheduled blasting in accordance with §12.362 of this title (relating to Use of Explosives: Records of Blasting Operations). (d) Warnings. All blasting shall require blasting signs, warnings, and access control. (1) Blasting signs shall meet the specifications of §12.330 of this title (relating to Signs and Markers). The operator shall: (A) conspicuously place signs reading, \"Blasting Area\", along the edge of any blasting area that comes within 100 feet of any public road right-of-way, and at the point where any other road provides access to the blasting area; and (B) conspicuously place at all entrances to the permit area from public roads or highways, signs reading, \"Warning! Explosives in Use\". The signs shall clearly list and describe the meaning of the audible blast warning and all-clear signals that are in use, and shall explain the marking of the blasting areas and charged holes awaiting firing within the permit area. (2) Warning and all-clear signals of different character or pattern that are audible within a range of 1/2 mile from the blasting site shall be given. The operator shall notify each person within the permit area and each person who resides or regularly works within 1/2 mile of the permit area regarding the meaning of the signals in the blasting schedule. (e) Access control. Access to the blasting area shall be controlled to prevent the presence of livestock or unauthorized persons during blasting and until an authorized representative of the operator has reasonably determined that: (1) no unusual hazards, such as imminent slides or undetonated charges, exist; and (2) access to and travel within the blasting area can be safely resumed. (f) Airblast. (1) Limits. (A) Airblast shall not exceed the maximum limits specified below at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area, except as provided in subsection (i) of this section.Attached Graphic(B) In all cases except the C-weighted, slow-response, the measuring systems used shall have a flat frequency response of at least 200 Hz at the upper end. The C-weighted shall be measured with a Type 1 sound-level meter that meets the standard American National Standards Institute (ANSI) S1.4-1971 specifications. ANSI S1.4-1971 is on file and available for inspection at the offices of the Commission, 170l N. Congress Avenue, Austin, Texas.(C) If necessary to prevent damage, the Commission shall specify lower maximum allowable airblast levels than those of subparagraph (A) of this paragraph for use in the vicinity of a specific blasting operation.(2) Monitoring. (A) The operator shall conduct periodic monitoring to ensure compliance with the airblast standards. The Commission may require airblast measurement of any or all blasts, and may specify the locations at which the measurements are to be taken. (B) The measuring systems shall have an upper-end flat frequency response of at least 200 Hz. (g) Flyrock. Flyrock traveling in the air or along the ground shall not be cast from the blasting site: (1) more than one half the distance to the nearest dwelling or other occupied structure; (2) beyond the area of control required under subsection (e) of this section; or (3) beyond the permit boundary. (h) Ground vibration. (1) General. In all blasting operations, except as otherwise authorized in subsection (i) of this section, the maximum ground vibration shall not exceed the values approved in the blasting plan required under §12.141 of this title (relating to Operation Plan: Blasting). The maximum ground vibration for protected structures listed in paragraph (2)(A) of this subsection shall be established in accordance with the maximum peak-particle-velocity limits of paragraph (2) of this subsection, the scaled-distance equation of paragraph (3) of this subsection, the blasting-level chart of paragraph (4) of this subsection, or by the Commission under paragraph (5) of this subsection. All structures in the vicinity of the blasting area, not listed in paragraph (2)(A) of this subsection, such as water towers, pipelines and other utilities, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the operator in the blasting plan and approved by the Commission. (2) Maximum peak particle velocity. (A) The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area:Attached Graphic(B) A seismographic record shall be provided for each blast.(3) Scaled-distance equation. (A) An operator may use the scaled-distance equation, W = (D/Ds )2 , to determine the allowable charge weight of explosives to be detonated in any 8-millisecond period, without seismic monitoring; where W = the maximum weight of explosives, in pounds; D = the distance, in feet, from the blasting site to the nearest protected structure; and Ds = the scaled-distance factor, which may initially be approved by the Commission using the values for the scaled-distance factor listed in paragraph (2)(A) of this subsection. (B) The development of a modified scaled-distance factor may be authorized by the Commission on receipt of a written request by the operator, supported by seismographic records of blasting at the mine site. The modified scaled-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of paragraph (2)(A) of this subsection, at a 95% confidence level. (4) Blasting-level chart. (A) An operator may use the ground vibration limits in Figure 1 to determine the maximum allowable ground vibration.Attached Graphic(B) If the Figure 1 limits are used, a seismographic record, including both particle-velocity and vibration-frequency levels, shall be provided for each blast. The method for the analysis of the predominant frequency contained in the blasting records shall be approved by the Commission before application of this alternative blasting criterion. (5) The maximum allowable ground vibration shall be reduced by the Commission beyond the limits otherwise provided by this section, if determined necessary to provide damage protection. (6) The Commission may require an operator to conduct seismic monitoring of any or all blasts or may specify the locations at which the measurements are to be taken and the degree of detail necessary in the measurement. (i) Exceptions. The maximum airblast and ground vibration standards of subsections (f) and (h) of this section shall not apply at the following locations: (1) at structures owned by the permittee and not leased to another person; and (2) at structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the Commission before blasting.", "sourceNote": "Source Note: The provisions of this §12.360 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8035", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.362", "label": "Use of Explosives: Records of Blasting Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202430", "queryAsDate": "03/11/2026" }, "ruleBody": "The operator shall retain a record of each blast, including seismograph reports, which shall be retained for at least three years and which shall be available for inspection by the Commission and the public on request. The record shall contain the following data:(1) name of the operator conducting the blast;(2) location, date, and time of blast;(3) name, signature, and certification number of blaster conducting the blast;(4) identification, direction, and distance, in feet, from to the nearest blast hole to the nearest dwelling, public building, school, church, community or institutional building located outside the permit area, except those described in §12.360(i) of this title (relating to Use of Explosives: Control of Adverse Effects);(5) weather conditions, including those which may cause possible adverse blasting effects such as temperature, and wind direction and approximate velocity;(6) type of material blasted;(7) sketches of the blast pattern, including number of holes, burden, spacing, decks, and delay pattern;(8) diameter and depth of holes;(9) types of explosives used;(10) total weight of explosives used per hole;(11) maximum weight of explosives detonated within any 8-millisecond period;(12) maximum number of holes detonated within any 8-millisecond period;(13) initiation system;(14) type and length of stemming;(15) mats or other protections used;(16) type of delay detonator and delay periods used;(17) sketch of the delay pattern;(18) number of persons in the blasting crew;(19) seismographic and airblast records, where required, which shall include:(A) type of instrument, sensitivity, seismographic reading, and calibration signal or certification of annual calibration;(B) exact location of the instrument and the date, time, and distance from the blast;(C) name of the person and firm taking the seismograph reading;(D) name of the person and firm analyzing the seismographic record; and(E) the vibration and airblast level recorded; and(20) reasons and conditions for each unscheduled blast.", "sourceNote": "Source Note: The provisions of this §12.362 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202430", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.363", "label": "Disposal of Excess Spoil: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8036", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Spoil not required to achieve the approximate original contour within the area where overburden has been removed shall be hauled or conveyed to and placed in designated disposal areas within a permit area, if the disposal areas are authorized for such purposes in the approved permit application in accordance with this section and §§12.364-12.366 of this title (relating to Disposal of Excess Spoil: Valley Fills, Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess Spoil: Durable Rock Fills). The spoil shall be placed in a controlled manner to ensure:(1) that leachate and surface runoff from the fill will not degrade surface or ground waters or exceed the effluent limitations referenced in §12.340 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations);(2) stability of the fill; and(3) that the land mass designated as the disposal area is suitable for reclamation and revegetation compatible with the natural surroundings.(b) The fill shall be designed using recognized professional standards, certified by a qualified professional engineer, and approved by the Commission.(c) All vegetative and organic materials shall be removed from the disposal area and the topsoil shall be removed, segregated, and stored or replaced under §§12.334-12.338 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil Amendments). If approved by the Commission, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.(d) Slope protection shall be provided to minimize surface erosion at the site. Diversion design shall conform with the requirements of §12.341 of this title (relating to Hydrologic Balance: Diversions). All disturbed areas, including diversion ditches that are not riprapped, shall be vegetated upon completion of construction.(e) The disposal areas shall be located on the most moderately sloping and naturally stable areas available as approved by the Commission. If such placement provides additional stability and prevents mass movement, fill materials suitable for disposal shall be placed upon or above a natural terrace, bench, or berm.(f) The spoil shall be hauled or conveyed and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and prevent mass movement, covered, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and ensure a long-term static safety factor of 1.5.(g) The final configuration of the fill must be suitable for postmining land uses approved in accordance with §12.399 of this title (relating to Postmining Land Use), except that no depressions or impoundments shall be allowed on the completed fill.(h) Terraces may be utilized to control erosion and enhance stability if approved by the Commission and consistent with §12.385(b) of this title (relating to Backfilling and Grading: General Grading Requirements).(i) Where the slope in the disposal area exceeds 2.8h:1v (36%), or such lesser slope as may be designated by the Commission based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe-buttresses shall be constructed to stabilize the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with §12.153(c) of this title (relating to Disposal of Excess Spoil) to determine the size of rock toe-buttresses and key-way cuts.(j) The fill shall be inspected for stability by a qualified professional engineer, or other qualified professional specialist under the direction of the professional engineer, experienced in the construction of earth and rockfill embankments, at least quarterly throughout construction and during the following critical construction periods:(1) removal of all organic material and topsoil;(2) placement of underdrainage systems and protective filter systems;(3) installation of surface drainage systems;(4) placement and compaction of fill materials; and(5) revegetation.(k) The qualified professional engineer shall provide to the Commission a certified report, within 2 weeks after each inspection, that the fill has been constructed as specified in the design approved by the Commission. The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately. A copy of the report shall be retained at the minesite.(l) Coal processing wastes shall not be disposed of in head-of-hollow or valley fills, and may only be disposed of in other excess spoil fills, if such waste is:(1) placed in accordance with §12.371 of this title (relating to Coal Processing Waste Banks: General Requirements);(2) demonstrated to be non-toxic and non-acid-forming; and(3) demonstrated to be consistent with the design stability of the fill.(m) If the disposal area contains springs, natural or manmade watercourses, or wet-weather seeps, an underdrain system consisting of durable rock shall be constructed from the wet areas in a manner that prevents infiltration of the water into the spoil material. The underdrain system shall be protected by an adequate filter and shall be designed and constructed using standard geotechnical engineering methods. Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, color photographs shall be taken of the underdrain as the underdrain system is being formed.(n) The foundation and abutments of the fill shall be stable under all conditions of construction and operation. Sufficient foundation investigation and laboratory testing of foundation materials shall be performed in order to determine the design requirements for stability of the foundation. Analyses of foundation conditions shall include the effect of underground mine workings, if any, upon the stability of the structure.(o) Excess spoil may be returned to underground mine workings, but only in accordance with a disposal program approved by the Commission and MSHA upon the basis of a plan submitted under §12.193 of this title (relating to Underground Development Waste/Return of Coal Processing Waste to Abandoned Underground Workings).(p) Excess spoil that is acid-forming or toxic-forming or combustible shall be adequately covered with non-acid, non-toxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with this chapter (relating to Coal Mining Regulations), to prevent sustained combustion and to minimize adverse effects on plant growth and the approved postmining land use.(q) The photographs required by this section to accompany each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.", "sourceNote": "Source Note: The provisions of this §12.363 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8036", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.364", "label": "Disposal of Excess Spoil: Valley Fills" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8037", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Valley fills shall meet all of the requirements of §12.363 of this title (relating to Disposal of Excess Spoil: General Requirements) and the additional requirements of this section.(b) The fill shall be designed to attain a long-term static safety factor of 1.5 based upon data obtained from subsurface exploration, geotechnical testing, foundation design, and accepted engineering analyses.(c) A subdrainage system for the fill shall be constructed in accordance with the following:(1) a system of underdrains constructed of durable rock shall meet the requirements of paragraph (4) of this subsection and:(A) be installed along the natural drainage system;(B) extend from the toe to the head of the fill; and(C) contain lateral drains to each area of potential drainage or seepage;(2) a filter system to ensure the proper functioning of the rock underdrain system shall be designed and constructed using standard geotechnical engineering methods;(3) in constructing the underdrains, no more than 10% of the rock may be less than 12 inches in size, and no single rock may be larger than 25% of the width of the drain. Rock used in underdrains shall meet the requirements of paragraph (4) of this subsection. The minimum size of the main underdrain shall be:Attached Graphic(4) underdrains shall consist of nondegradable, non-acid-forming and non-toxic-forming rock, such as natural sand and gravel, sandstone, limestone, or other durable rock that will not slake in water and will be fee of coal, clay or shale.(d) Spoil shall be hauled or conveyed and placed in a controlled manner and concurrently compacted as specified by the Commission, in lifts no greater than 4 feet, or less if required by the Commission, to:(1) achieve the densities designed to ensure mass stability; (2) prevent mass movements;(3) avoid contamination of the rock underdrain or rock core; and(4) prevent formation of voids.(e) Surface-water runoff from the area above the fill shall be diverted away from the fill and into stabilized diversion channels designed to pass safely the runoff from a 100-year, 24-hour precipitation event or larger event specified by the Commission. Surface runoff from the fill surface shall be diverted to stabilized channels off the fill which will safely pass the runoff from a 100-year, 24-hour precipitation event. Diversion designs shall comply with the requirements of §12.341(6) of this title (relating to Hydrologic Balance: Diversions).(f) The tops of the fill and any terrace constructed to stabilize the face shall be graded no steeper than 20h:1v (5%). The vertical distance between terraces shall not exceed 50 feet.(g) Drainage shall not be directed over the outslope of the fill.(h) The outslope of the fill shall not exceed 2h:1v (50%). The Commission may require a flatter slope.", "sourceNote": "Source Note: The provisions of this §12.364 adopted to be\r\neffective April 7, 1997, 22 TexReg 3093; amended to be effective November\r\n4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8037", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.365", "label": "Disposal of Excess Spoil: Head-of-Hollow Fills" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Disposal of spoil in the head-of-hollow fill shall meet all standards set forth in §§12.363 and 12.364 of this title (relating to Disposal of Excess Spoil: General Requirements, and to Disposal of Excess Spoil: Valley Fills) and the additional requirements of this section.(b) The fill shall be designed to completely fill the disposal site to the approximate elevation of the ridgeline. A rock-core chimney drain may be utilized instead of the subdrain and surface diversion system required for valley fills. If the crest of the fill is not approximately at the same elevation as the low point of the adjacent ridgeline, the fill must be designed as specified in §12.364 of this title (relating to Disposal of Excess Spoil: Valley Fills) with diversion of runoff around the fill. A fill associated with contour mining and placed at or near the coal seam, and which does not exceed 250,000 cubic yards, may use the rock-core chimney drain.(c) The alternative rock-core chimney-drain system shall be designed and incorporated into the construction of head-of-hollow fills as follows:(1) the fill shall have, along the vertical projection of the main buried stream channel or rill a vertical core of durable rock at least 16 feet thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of §12.364(c) of this title (relating to Disposal of Excess Spoil: Valley Fills);(2) a filter system to ensure the proper functioning of the rock core shall be designed and constructed using standard geotechnical engineering methods; and(3) the grading may drain surface water away from the outslope of the fill and toward the rock core. The maximum slope of the top of the fill shall be 33h:1v (3%). Instead of the requirements of §12.363(g) of this title (relating to Disposal of Excess Spoil: General Requirements), a drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential for impounding more than 10,000 cubic feet of water. Terraces on the fill shall be graded with a 3.0 to 5.0% grade toward the fill and a 1.0% slope toward the rock core.(d) The drainage control system shall be capable of passing safely the runoff from a 100-year, 24-hour precipitation event, or larger event specified by the Commission.", "sourceNote": "Source Note: The provisions of this §12.365 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202431", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.366", "label": "Disposal of Excess Spoil: Durable Rock Fills" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "361", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In lieu of the requirements of §§12.364 and 12.365 of this title (relating to Disposal of Excess Spoil: Valley Fills, and to Disposal of Excess Spoil: Head-of-Hollow Fills), the Commission may approve alternate methods for disposal of hard rock spoil, including fill placement of dumping in a single lift, on a site specific basis, provided the services of a qualified professional engineer experienced in the design and construction of earth and rockfill embankments are utilized and provided the requirements of this section and §12.363 of this title (relating to Disposal of Excess Spoil: General Requirements) are met. For this section, \"hard rock spoil\" shall be defined as rockfill consisting of at least 80% by volume of sandstone, limestone, or other rocks that do not slake in water. Resistance of the hard rock spoil to slaking shall be determined by using the slake index and slake durability tests in accordance with guidelines and criteria established by the Commission.(b) Spoil is to be transported and placed in a specified and controlled manner which will ensure stability of the fill.(1) The method of spoil placement shall be designed to ensure mass stability and prevent mass movement in accordance with the additional requirements of this section.(2) Loads of noncemented clay shale and/or clay spoil in the fill shall be mixed with hard rock spoil in a controlled manner to limit on a unit basis concentrations of noncemented clay shale and clay in the fill. Such materials shall comprise no more than 20% of the fill volume as determined by tests performed by a qualified professional engineer and approved by the Commission.(c) Requirements for design of earth and rockfill embankments shall include the following:(1) stability analyses shall be made by the qualified professional engineer. Parameters used in the stability analyses shall be based on adequate field reconnaissance, subsurface investigations, including borings, and laboratory tests; and(2) the embankment which constitutes the valley fill or head-of-hollow fill shall be designed with the following factors of safety:Attached Graphic(d) The design of a head-of-hollow fill shall include an internal drainage system which will ensure continued free drainage of anticipated seepage from precipitation and from springs or wet-weather seeps.(1) Anticipated discharge from springs and seeps and due to precipitation shall be based on records and/or field investigations to determine seasonal variation. The design of the internal drainage system shall be based on the maximum anticipated discharge.(2) All granular material used for the drainage system shall be free of clay and consist of durable particles such as natural sands and gravels, sandstone, limestone or other durable rock which will not slake in water.(3) The internal drain shall be protected by a properly designed filter system.(e) Surface water runoff from the areas adjacent to and above the fill shall not be allowed to flow onto the fill and shall be diverted into stabilized channels which are designed to pass safely the runoff from a 100-year, 24-hour precipitation event. Diversion design shall comply with the requirements of §12.341(6) of this title (relating to Hydrologic Balance: Diversions).(f) The top surface of the completed fill shall be graded such that the final slope after settlement will be no steeper than 20h:1v (5%) toward properly designed drainage channels in natural ground along the periphery of the fill. Surface runoff from the top surface of the fill shall not be allowed to flow over the outslope of the fill.(g) Surface runoff from the outslope of the fill shall be diverted off the fill to properly designed channels which will pass safely a 100-year, 24-hour precipitation event. Diversion design shall comply with the requirements of §12.341(6) of this title (relating to Hydrologic Balance: Diversions).(h) Terraces shall be constructed on the outslope if required for control of erosion or for roads included in the approved postmining land-use plan. Terraces shall meet the following requirements: (1) the slope of the outslope between terrace benches shall not exceed 2h:1v (50%);(2) to control surface runoff, each terrace bench shall be graded to a slope of 20h:1v (5.0%) toward the embankment. Runoff shall be collected by a ditch along the intersection of each terrace bench and the outslope; and(3) terrace ditches shall have a 5.0% slope toward the channels specified in subsection (g) of this section, unless steeper slopes are necessary in conjunction with approved roads.", "sourceNote": "Source Note: The provisions of this §12.366 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "361", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.367", "label": "Protection of Underground Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No surface coal mining activities shall be conducted closer than 500 feet to any point of either an active or abandoned underground mine, except to the extent that:(1) the nature, timing, and sequence of the operations are jointly approved by the Commission, the Mine Safety and Health Administration, and the state agency, if any, responsible for the safety of mine workers; and(2) the activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.(b) Surface mining activities shall be designed to protect disturbed surface areas, including spoil disposal sites, so as not to endanger any present or future operations of either surface or underground mining activities.", "sourceNote": "Source Note: The provisions of this §12.367 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202432", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.368", "label": "Coal Processing Waste Banks: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202433", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All coal processing waste shall be hauled or conveyed and placed in new and existing disposal areas approved by the Commission for this purpose. These areas shall be within a permit area. The disposal area shall be designed, constructed, and maintained:(1) in accordance with §§12.363 and 12.364 of this title (relating to Disposal of Excess Spoil: General Requirements, and Disposal of Excess Spoil: Valley Fills), this section, and §§12.369-12.374 of this title (relating to Coal Processing Waste Banks: Site Inspection, to Coal Processing Waste Banks: Water Control Measures, to Coal Processing Waste Banks: Construction Requirements, to Coal Processing Waste: Burning, to Coal Processing Waste: Burned Waste Utilization, and to Coal Processing Waste: Return to Underground Workings); and(2) to prevent combustion.(b) Coal processing waste materials from activities located outside a permit area, such as those activities at other mines or abandoned mine waste piles may be disposed of in the permit area only if approved by the Commission. Approval shall be based on the showing by the person who conducts surface mining activities in the permit area, using hydrologic, geotechnical, physical, and chemical analyses, that disposal of these materials does not:(1) adversely affect water quality, water flow, or vegetation;(2) create public health hazards; or(3) cause instability in the disposal areas.(c) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the Commission. A qualified professional engineer, experienced in the design of similar earth and waste structures, shall certify the design of the disposal facility.", "sourceNote": "Source Note: The provisions of this §12.368 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202433", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.369", "label": "Coal Processing Waste Banks: Site Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8039", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All coal processing waste banks shall be inspected by a qualified professional engineer, or other qualified professional specialist under the direction of the professional engineer. The professional engineer or specialist shall be experienced in the construction of similar earth and waste structures.(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods, beginning within 7 days after preparation of the disposal area begins. The Commission may require more frequent inspection based upon an evaluation of the potential danger to the health or safety of the public and the potential harm to land, air and water resources. Inspections may terminate when the coal processing waste bank has been graded, covered in accordance with §12.371 of this title (relating to Coal Processing Waste Banks: Construction Requirements), topsoil has been distributed on the bank in accordance with §12.337 of this title (relating to Topsoil: Redistribution), or at such a later time as the Commission may require. Critical construction periods shall include at a minimum:(A) foundation preparation including the removal of all organic material and topsoil;(B) placement of underdrains and protective filter systems;(C) installation of final surface drainage systems; and(D) the final graded and revegetated facility.(2) Regular inspections shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or to the environment. Inspections shall include such observations and tests as may be necessary to evaluate the potential hazard to human life and property, to ensure that all organic material and topsoil have been removed and that proper construction and maintenance are occurring in accordance with the plan submitted under §12.148 of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments) and approved by the Commission.(3) The engineer or other approved inspector shall consider steepness of slopes, seepage, and other visible factors which could indicate potential failure, and the results of failure with respect to the threat to human life and property.(4) The qualified professional engineer shall provide a certified report to the Commission promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and this chapter (relating to Coal Mining Regulations). The report shall include any appearance of instability, structural weakness, and other hazardous conditions.(5) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number and with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.(6) Copies of each inspection report shall be maintained at the mine site.(b) If any inspection discloses that a potential hazard exists, the Commission shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Commission shall be notified immediately. The Commission shall then notify the appropriate emergency agencies that other emergency procedures are required to protect the public from the coal processing waste area.", "sourceNote": "Source Note: The provisions of this §12.369 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8039", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.370", "label": "Coal Processing Waste Banks: Water Control Measures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26997", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A properly designed subdrainage system shall be provided, which shall:(1) intercept all ground-water sources;(2) be protected by an adequate filter; and(3) be covered so as to protect against the entrance of surface water or leachate from the coal processing waste.(b) All surface drainage from the area above the coal processing waste bank and from the crest and face of the waste disposal area shall be diverted, in accordance with §12.364(e) of this title (relating to Disposal of Excess Spoil: Valley Fills).(c) Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion ditches that are not riprapped shall be vegetated upon completion of construction.(d) All water discharged from a coal processing waste bank shall comply with §§12.339, 12.340, 12.343, 12.344, 12.350, and 12.353 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Sediment Control Measures, to Hydrologic Balance: Siltation Structures, to Hydrologic Balance: Surface and Ground-Water Monitoring, and to Hydrologic Balance: Discharge of Water Into an Underground Mine).", "sourceNote": "Source Note: The provisions of this §12.370 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26997", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.371", "label": "Coal Processing Waste Banks: Construction Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "363", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Coal processing waste banks shall be constructed in compliance with §§12.363 and 12.364 of this title (relating to Disposal of Excess Spoil: General Requirements, and to Disposal of Excess Spoil: Valley Fills), except to the extent that the requirements of those sections are varied in this section.(b) Coal processing waste banks shall have a minimum static safety factor of 1.5.(c) Compaction requirements during construction or modification of all coal processing waste banks shall meet the requirements of this subsection, instead of those specified in §12.364(d) of this title (relating to Disposal of Excess Spoil: Valley Fills). The coal processing waste shall be:(1) spread in layers no more than 24 inches in thickness; and(2) compacted to attain 90% of the maximum dry density to prevent spontaneous combustion and to provide the strength required for stability of the coal processing waste bank. Dry densities shall be determined in accordance with the American Association of State Highway and Transportation Officials (AASHTO) Specification T99-74 (Twelfth Edition) (July 1978) or an equivalent method. AASHTO T99-74 is on file and available for inspection at the office of the Commission, 1701 North Congress Avenue, Austin, Texas.(d) Following grading of the coal processing waste bank, the site shall be covered with a minimum of 4 feet of the best available non-toxic and non-combustible material, in accordance with §12.335(e) of this title (relating to Topsoil: Removal), and in a manner that does not impede flow from subdrainage systems. The coal processing waste bank shall be revegetated in accordance with §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirement, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, and to Revegetation: Standards for Success). The Commission may allow less than 4 feet of cover material based on physical and chemical analyses which show that the requirements of §§12.390-12.393 and 12.395 of this title will be met.", "sourceNote": "Source Note: The provisions of this §12.371 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "363", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.372", "label": "Coal Processing Waste: Burning" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202434", "queryAsDate": "03/11/2026" }, "ruleBody": "Coal processing waste fires shall be extinguished by the person who conducts the surface mining activities in accordance with a plan approved by the Commission and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.", "sourceNote": "Source Note: The provisions of this §12.372 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202434", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.373", "label": "Coal Processing Waste: Burned Waste Utilization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8023", "queryAsDate": "03/11/2026" }, "ruleBody": "Before any burned coal processing waste, other materials, or refuse is removed from a disposal area, approval shall be obtained from the Commission. A plan for the method of removal, with maps and appropriate drawings to illustrate the proposed sequence of the operation and method of compliance with §§12.330 - 12.372, this section, and §§12.374 - 12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities), shall be submitted to the Commission. Consideration shall be given in the plan to potential hazards, which may be created by removal, to persons working or living in the vicinity of the structure. The plan shall be certified by a qualified professional engineer.", "sourceNote": "Source Note: The provisions of this §12.373 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8023", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.374", "label": "Coal Processing Waste: Return to Underground Workings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8042", "queryAsDate": "03/11/2026" }, "ruleBody": "Coal processing waste may be returned to underground mine workings only in accordance with the waste disposal program approved by the Commission and MSHA under §12.193 of this title (relating to Underground Development Waste/Return of Coal Processing Waste to Abandoned Underground Workings).", "sourceNote": "Source Note: The provisions of this §12.374 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8042", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.375", "label": "Disposal of Noncoal Wastes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202435", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Noncoal wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber, and other combustibles generated during surface mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.(b) Final disposal of noncoal wastes shall be in a designated disposal site in the permit area. Disposal sites shall be designed and constructed with appropriate water barriers on the bottom and sides of the designated site. Wastes shall be routinely compacted and covered to prevent combustion and wind-born waste. When the disposal is completed a minimum of 2 feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Stabilizing Practices, and to Revegetation: Standards for Success). Operation of the disposal site shall be conducted in accordance with all local, State, and Federal requirements.(c) At no time shall any solid waste material be deposited at refuse embankments or impoundment sites, nor shall any excavation for solid waste disposal be located within 8 feet of any coal outcrop or coal storage area.(d) Notwithstanding any other provision in this chapter (relating to Coal Mining Regulations), any noncoal mine waste defined as \"hazardous\" under Section 3001 of the Resource Conservation and Recovery Act (RCRA) (Pub. L. 94-580, as amended) and 40 CFR Part 261 shall be handled in accordance with the requirements of Subtitle C of RCRA and any implementing regulations.", "sourceNote": "Source Note: The provisions of this §12.375 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202435", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.376", "label": "Coal Mine Waste: Dams and Embankments: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8044", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section and §12.377 and §12.378 of this title (relating to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design and Construction) apply to dams and embankments, constructed of coal mine waste or intended to impound coal mine waste, whether they were completed before adoption of the regulatory program or are intended to be completed thereafter.(b) Coal mine waste shall not be used in the construction of dams and embankments unless it has been demonstrated to the Commission that the stability of such a structure conforms with the requirements of this section. It shall also be demonstrated that the use of coal mine waste shall not have a detrimental effect on downstream water quality or the environment due to acid seepage through the dam or embankment. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the Commission in accordance with this chapter (relating to Coal Mining Regulations). All demonstrations shall be submitted to and approved by the Commission.(c) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with this chapter (relating to Coal Mining Regulations). Such structures may not be retained permanently as part of the approved postmining land use.(d) If an impounding structure constructed of coal mine waste or intended to impound coal mine waste meets the criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a), the combination of principal and auxiliary spillways shall be able to safely pass the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the Commission.", "sourceNote": "Source Note: The provisions of this §12.376 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8044", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.377", "label": "Coal Mine Waste: Dams and Embankments: Site Preparation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8046&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8046", "queryAsDate": "03/11/2026" }, "ruleBody": "Before coal mine waste is placed at a dam or embankment site:(1) all trees, shrubs, grasses, and other organic material shall be cleared and grubbed from the site, and all combustibles shall be removed and stockpiled in accordance with the requirements of §§12.330-2.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities); and(2) surface drainage that may cause instability or erosion to the embankment area or the embankment features, whether during construction or after completion, shall be diverted away from the embankment by diversion ditches that comply with the requirements of §12.341 of this title (relating to Hydrologic Balance: Diversions). Adequate outlets for discharge from these diversions shall be in accordance with §12.345 of this title (relating to Hydrologic Balance: Discharge Structures). Diversions that are designed to divert drainage from the upstream area or drainage from the surface of the facility away from the impoundment area shall be designed to carry the peak runoff from a 100-year, 6-hour precipitation event. The diversion shall be maintained to prevent blockage, and the discharge shall be in accordance with §12.345 of this title (relating to Hydrologic Balance: Discharge Structures). Sediment control measures shall be provided at the discharge of each diversion ditch before entry into natural watercourses in accordance with §§12.339-12.341, 12.343, and 12.344 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Sediment Control Measures, and to Hydrologic Balance: Siltation Structures).", "sourceNote": "Source Note: The provisions of this §12.377 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8046&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8046", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.378", "label": "Coal Mine Waste: Dams and Embankments: Design and Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "364", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The design of each dam and embankment constructed of coal mine waste or intended to impound such waste shall comply with the requirements of §12.347(a) and (c) of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments), modified as follows:(1) the design freeboard between the lowest point on the embankment crest and the maximum water elevation shall be at least 3 feet. The maximum water elevation shall be that determined by the freeboard hydrograph criteria contained in the U.S. Natural Resources Conservation Service criteria referenced in §12.347 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments).(2) the dam and embankment shall have a minimum safety factor of 1.5 for the partial pool with steady seepage saturation conditions, and the seismic safety factor shall be at least 1.2; and(3) the dam or embankment foundation and abutments shall be designed to be stable under all conditions of construction and operation of the impoundment. Sufficient foundation investigations and laboratory testing shall be performed to determine the safety factors of the dam or embankment for all loading conditions appearing in subsection (a)(2) of this section or the publications referred to in §12.347 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments) and for all increments of construction.(b) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.(c) For an impounding structure constructed of or impounding coal mine waste, at least 90% of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event.", "sourceNote": "Source Note: The provisions of this §12.378 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "364", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.380", "label": "Protection of Fish, Wildlife, and Related Environmental Values" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8041", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person conducting surface mining activities shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable.(b) No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The operator shall promptly report to the Commission the presence in the permit area of any critical habitat of a threatened or endangered species listed by the Secretary, any plant or animal listed as threatened or endangered under state or federal law, or any bald or golden eagle, of which the operator becomes aware and which was not previously reported to the Commission by that person. Upon notification, the Commission shall consult with appropriate state and federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.(c) No surface mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The operator shall promptly report to the Commission any golden or bald eagle nest discovered within the permit area. The operator shall make a survey to determine whether nest sites have eagles present, the range and habitat used by eagles at occupied sites, and to determine whether other nesting sites are present. Upon notification, the Commission shall consult with the U.S. Fish and Wildlife Service and the Texas Parks and Wildlife Department. After consultation, the Commission shall determine whether, and under what conditions the operator may proceed.(d) A person who conducts surface mining activities shall ensure that the design and construction of electric power lines and other transmission facilities used for or incidental to the surface mining activities on the permit area are in accordance with the guidelines set forth in Environmental Criteria for Electric Transmission Systems (USDI, USDA (1970)), or in alternative guidance manuals approved by the Commission. Distribution lines shall be designed and constructed in accordance with REA Bulletin 61-10, Powerline Contacts by Eagles and Other Large Birds, or in alternative guidance manuals approved by the Commission. For informational purposes, these two documents are available at the office of the Commission, 1701 N. Congress Avenue, Austin, Texas.(e) Each person who conducts surface mining activities shall, to the extent possible using the best technology currently available:(1) locate and operate haul and access roads so as to avoid or minimize impacts to important fish and wildlife species or other species protected by state or federal law;(2) fence roadways where specified by the Commission to guide locally important wildlife to roadway underpasses. No new barrier shall be created in known and important wildlife migration routes;(3) fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials;(4) restore, enhance where practicable or avoid disturbance to habitats of unusually high value for fish and wildlife;(5) restore, enhance where practicable, or maintain natural riparian vegetation on the banks of streams, lakes, and other wetland areas;(6) afford protection to aquatic communities by avoiding stream channels as required in §12.355 of this title (relating to Hydrologic Balance: Stream Buffer Zones) or restoring stream channels as required in §12.341 of this title (relating to Hydrologic Balance: Diversions);(7) not use persistent pesticides on the area during surface mining and reclamation activities, unless approved by the Commission;(8) to the extent possible prevent, control, and suppress range, forest, and coal fires which are not approved by the Commission as part of a management plan;(9) if fish and wildlife habitat is to be a primary or secondary postmining land use, the operator shall in addition to the requirements of §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Stabilizing Practices, and to Revegetation: Standards for Success):(A) select plant species to be used on reclaimed areas, based on the following criteria:(i) their proven nutritional value for fish and wildlife;(ii) their uses as cover for fish and wildlife; and(iii) their ability to support and enhance fish and wildlife habitat after release of bonds; and(B) distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimize edge effect, cover, and other benefits for fish and wildlife;(10) where cropland is to be the postmining land use and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished; and(11) where the primary land use is to be residential, public service, or industrial land use, intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless such green belts are inconsistent with the approved postmining land use.", "sourceNote": "Source Note: The provisions of this §12.380 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8041", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.381", "label": "Slides and Other Damage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202436", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the Commission as is needed to assure stability. The barrier shall be retained in place to prevent slides and erosion.(b) At any time a slide occurs which may have a potential adverse affect on public property, health, safety, or the environment, the person who conducts the surface mining activities shall notify the Commission by the fastest available means and comply with any remedial measures required by the Commission.", "sourceNote": "Source Note: The provisions of this §12.381 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202436", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.382", "label": "Pipelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "24507", "queryAsDate": "03/11/2026" }, "ruleBody": "With respect to pipelines transmitting crude oil, liquid petroleum, natural gas, toxic or flammable substances:(1) identify and describe pipelines located in the permit area and within 100 feet thereof in the application for a surface mining permit;(2) visibly mark the location of pipelines at 200-foot intervals throughout the permit area;(3) ensure a minimum of six feet of compacted material between the pipeline and any haul road or access road within the permit area which crosses over it;(4) not create a cut within one hundred feet or one times the depth of the cut (whichever is greater) of any pipeline;(5) conduct blasting operations in accordance with state and federal laws; but, in no case shall blasting be conducted within 500 feet of a pipeline;(6) comply with Railroad Commission of Texas Pipeline Safety Rules (16 Texas Administrative Code, Chapter 8) and 49 CFR 191, 192, and 199; and(7) at the discretion of the Commission, variances to paragraphs (2)-(5) of this section may be granted by the Commission. Variances to paragraphs (3)-(5) of this section will be granted if, in the opinion of the Commission, the structural integrity of the pipeline will be maintained and if agreed to by the owner of the pipeline.", "sourceNote": "Source Note: The provisions of this §12.382 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "24507", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.383", "label": "Contemporaneous Reclamation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8051", "queryAsDate": "03/11/2026" }, "ruleBody": "Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation, of all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations.", "sourceNote": "Source Note: The provisions of this §12.383 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8051", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.384", "label": "Backfilling and Grading: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87139", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Timing of backfilling and grading.(1) Contour mining. Rough backfilling and grading shall follow coal removal by not more than 60 days or 1,500 linear feet. The Commission may grant additional time for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under §12.145(b)(3) of this title (relating to Reclamation Plan: General Requirements), that additional time is necessary.(2) Open pit mining with thin overburden. Rough backfilling and grading shall occur in accordance with the time schedule approved by the Commission, on the basis of the materials submitted under §12.145(b)(3) of this title (relating to Reclamation Plan: General Requirements), which shall specifically establish in stated increments the period between removal of coal and completion of backfilling and grading.(3) Area strip mining (cyclic excavation). Rough backfilling and grading shall be completed within 180 days following coal removal and shall not be more than four spoil ridges behind the pit being worked, the spoil from the active pit being considered the first ridge. The Commission may grant additional time and/or distance for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under §12.145(b)(3) of this title (relating to Reclamation Plan: General Requirements), that additional time and/or distance is necessary.(4) Area strip mining (continuous excavation). Rough backfilling and grading shall occur in accordance with the time schedule approved by the Commission, on the basis of a detailed written analysis by the permittee under §12.145(b)(3) of this title (relating to Reclamation Plan: General Requirements) and any additional information which the Commission may require.(b) Method of backfilling and grading.(1) Except as specifically exempted in this subchapter (relating to Permanent Program Performance Standards), all disturbed areas shall be returned to their approximate original contour. All spoil shall be transported, backfilled, compacted (where advisable to insure stability or to prevent leaching) and graded to eliminate all highwalls, spoil piles, and depressions.(2) Backfilled material shall be placed to minimize erosion, to minimize water pollution both on and off the site, and to support the approved postmining land use.(3) The postmining graded slopes need not be of uniform slope.(4) Cut-and-fill terraces may be used only in those situations expressly identified in §12.385 of this title (relating to Backfilling and Grading: General Grading Requirements).", "sourceNote": "Source Note: The provisions of this §12.384 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.385", "label": "Backfilling and Grading: General Grading Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8048", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The final graded slopes shall not exceed in grade either the approximate premining slopes, or any lesser slopes approved by the Commission based on consideration of soil, climate, or other characteristics of the surrounding area. Postmining final graded slopes need not be uniform but shall approximate the general nature of the premining topography. The person who conduct surface mining activities shall, at a minimum:(1) retain all overburden and spoil on the solid portion of existing or new benches; and(2) backfill and grade to the most moderate slope possible to eliminate the highwall which does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum static safety factor of 1.3. In all cases the highwall shall be eliminated.(b) On approval by the Commission in order to conserve soil moisture, ensure stability, and control erosion on final graded slopes, cut-and-fill terraces may be allowed, if the terraces are compatible with the approved postmining land use and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:(1) the width of the individual terrace bench shall not exceed 20 feet, unless specifically approved by the Commission as necessary for stability, erosion control, or roads included in the approved postmining land-use plan;(2) the vertical distance between terraces shall be as specified by the Commission, to prevent excessive erosion and to provide long-term stability;(3) the slope of the terrace outslope shall not exceed 2h:1v (50%). In no case may highwalls be left as part of terraces; and(4) culverts and underground rock drains shall be used on the terrace only when approved by the Commission.(c) Small depressions may be constructed, if they:(1) are approved by the Commission to minimize erosion, conserve soil moisture, or promote vegetation;(2) do not restrict normal access; and(3) are not inappropriate substitutes for lower grades on the reclaimed lands.(d) All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation, or placement along the contour is hazardous to equipment operators, then grading, preparation, or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.(e) Backfilling and grading of previously mined areas shall be subject to the following requirements:(1) remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of §12.384 of this title (relating to Backfilling and Grading: General Requirements), this section, and §§12.386-12.388 of this title (relating to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials, to Backfilling and Grading: Thin Overburden, and to Backfilling and Grading: Thick Overburden), except as provided in this subsection; and(2) the requirements of §12.384(b)(1) requiring the elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the Commission to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:(A) all spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area;(B) the backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability;(C) any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the Commission, that the highwall remnant is stable; and(D) spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.", "sourceNote": "Source Note: The provisions of this §12.385 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective June 12, 2001, 26 TexReg 4090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8048", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.386", "label": "Backfilling and Grading: Covering Coal and Acid- and Toxic-forming Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "366", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Cover.(1) A person who conducts surface mining activities shall cover, with a minimum of 4 feet of the best available nontoxic and noncombustible material, all exposed coal seams remaining after mining, and all acid-forming materials, toxic-forming materials, combustible materials, or any other materials identified by the Commission, as exposed, used, or produced during mining.(2) If necessary, these materials shall be treated to neutralize toxicity, in order to prevent water pollution and sustained combustion and minimize adverse effects on plant growth and land uses.(3) Where necessary to protect against upward migration of salts, exposure by erosion, formation of acid or toxic seeps, to provide an adequate depth for plant growth, or otherwise to meet local conditions, the Commission shall specify thicker amounts of cover using nontoxic material, or special compaction and isolation from ground-water contact.(4) Acid-forming or toxic-forming material shall not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.(b) Stabilization. Backfilled materials shall be selectively hauled or conveyed and compacted, wherever necessary to prevent leaching of acid-forming and toxic-forming materials into surface or ground waters and wherever necessary to insure stability of the backfilled materials. The method and design specifications of compacting material shall be approved by the Commission before acid-forming or toxic-forming materials are covered.", "sourceNote": "Source Note: The provisions of this §12.386 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "366", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.387", "label": "Backfilling and Grading: Thin Overburden" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8049", "queryAsDate": "03/11/2026" }, "ruleBody": "Where thin overburden occurs within the permit area, the permittee, at a minimum, shall:(1) use all spoil and other waste materials available from the entire permit area to attain the lowest practicable grade, but not more than the angle of repose; and(2) meet the requirements of §12.385 and §12.386 of this title (relating to Backfilling and Grading: General Grading Requirements, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials).", "sourceNote": "Source Note: The provisions of this §12.387 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8049", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.388", "label": "Backfilling and Grading: Thick Overburden" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "66335", "queryAsDate": "03/11/2026" }, "ruleBody": "Where thick overburden occurs within the permit area, the permittee at a minimum shall:(1) restore the approximate original contour and then use the remaining spoil and other waste materials to attain the lowest practicable grade, but not more than the angle of repose;(2) meet the requirements of §12.385 and §12.386 of this title (relating to Backfilling and Grading: General Requirements, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials); and(3) dispose of any excess spoil in accordance with §§12.363-12.366 of this title (relating to Disposal of Excess Spoil: General Grading Requirements, to Disposal of Excess Spoil: Valley Fills, to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess Spoil: Durable Rock Fills).", "sourceNote": "Source Note: The provisions of this §12.388 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "66335", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.389", "label": "Stabilization of Surface Areas for Surface Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8054", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.(b) Rills and gullies which form in areas that have been regraded and topsoiled and which either disrupt the approved postmining land use or the reestablishment of the vegetative cover or cause or contribute to a violation of water-quality standards for receiving streams shall be filled, regraded, or otherwise stabilized. Topsoil shall be replaced and the areas shall be reseeded or replanted.", "sourceNote": "Source Note: The provisions of this §12.389 adopted to be effective September 14, 1999, 24 TexReg 7223." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8054", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.390", "label": "Revegetation: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8055", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The permittee shall establish on regraded areas and on all other disturbed areas except water areas and surface areas of roads that are approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:(1) diverse, effective, and permanent;(2) comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the Commission;(3) at least equal in extent of cover to the natural vegetation of the area; and(4) capable of stabilizing the soil surface from erosion.(b) The reestablished plant species shall:(1) be compatible with the approved postmining land use;(2) have the same seasonal characteristics of growth as the original vegetation;(3) be capable of self-regeneration and plant succession;(4) be compatible with the plant and animal species of the area; and(5) meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.(c) The Commission may grant exception to the requirements of subsection (b)(2) and (3) of this section when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.(d) When the Commission approves a cropland postmining land use, the Commission may grant exception to the requirements of subsections (a)(1), (a)(3), (b)(2), and (b)(3) of this section. The requirements of §§12.620-12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland) apply to areas identified as prime farmland.", "sourceNote": "Source Note: The provisions of this §12.390 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8055", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.391", "label": "Revegetation: Use of Introduced Species" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "367", "queryAsDate": "03/11/2026" }, "ruleBody": "Introduced species may be substituted for native species only if approved by the Commission under the following conditions:(1) after appropriate field trials have demonstrated that the introduced species are desirable and necessary to achieve the approved postmining land use;(2) the species are necessary to achieve a quick, temporary, and stabilizing cover that aids in controlling erosion; and measures to establish permanent vegetation are included in the approved plan submitted under §§12.145(b)(5) and 12.147 of this title (relating to Reclamation Plan: General Requirements, and to Reclamation Plan: Postmining Land Uses);(3) the species are compatible with the plant and animal species of the region; and(4) the species meet the requirements of applicable state and federal seed or introduced species statutes, and are not poisonous or noxious.", "sourceNote": "Source Note: The provisions of this §12.391 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "367", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.392", "label": "Revegetation: Timing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8056", "queryAsDate": "03/11/2026" }, "ruleBody": "Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed area shall be seeded and planted, as contemporaneously as practicable with the completion of backfilling and grading, with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.", "sourceNote": "Source Note: The provisions of this §12.392 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8056", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.393", "label": "Revegetation: Mulching and Other Soil Stabilizing Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165992", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Suitable mulch and other soil stabilizing practices shall be used on all regraded and topsoiled areas to control erosion, promote germination of seeds, or increase the moisture retention capacity of the soil. The Commission may, on a case-by-case basis, suspend the requirement for mulch, if the permittee can demonstrate that alternative procedures will achieve the requirements of §12.395 of this title (relating to Revegetation: Standards for Success) and do not cause or contribute to air or water pollution.(b) When required by the Commission, mulches shall be mechanically or chemically anchored to the soil surface to assure effective protection of the soil and vegetation.(c) Annual grasses and grains may be used alone, as in situ mulch, or in conjunction with another mulch, when the Commission determines that they will provide adequate soil erosion control and will later be replaced by perennial species approved for the postmining land use.(d) Chemical soil stabilizers alone, or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.", "sourceNote": "Source Note: The provisions of this §12.393 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165992", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.395", "label": "Revegetation: Standards for Success" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8057", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Comparison to an established standard. Success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the general requirements of §12.390 and §12.391 of this title (relating to Revegetation: General Requirements; and Revegetation: Use of Introduced Species).(1) Standards for success and statistically valid sampling techniques for measuring success shall be selected by the Commission, described in writing, and made available to the public.(2) Standards for success shall include criteria representative of unmined lands in the area being reclaimed to evaluate the appropriate vegetation parameters of ground cover, production, or stocking. Ground cover, production, or stocking shall be considered equal to the approved success standard when they are not less than 90% of the success standard. The sampling techniques for measuring success shall use a 90% statistical confidence interval (i.e., one-sided test with a 0.10 alpha error).(b) Standard for revegetated success. Standards for success shall be applied in accordance with the approved postmining land use and, at a minimum, the following conditions:(1) for areas developed as grazingland or pastureland, the ground cover and production of living plants on the revegetated area shall be at least equal to that of a reference area or such other success standards approved by the Commission;(2) for areas developed for use as cropland, crop production on the revegetated area shall be at least equal to that of a reference area or such other success standards approved by the Commission;(3) for areas to be developed for fish and wildlife habitat, recreation, undeveloped land, or forest products, success of vegetation shall be determined on the basis of tree and shrub stocking and vegetative ground cover. Such parameters are described as follows:(A) minimum stocking and planting arrangements shall be specified by the Commission on the basis of local and regional conditions and after consultation with and approval by the state agencies responsible for the administration of forestry and wildlife programs. Consultation and approval may occur on either a program wide or permit-specific basis;(B) trees and shrubs that will be used in determining the success of stocking and the adequacy of the plant arrangement shall have utility for the approved postmining land use. Trees and shrubs counted in determining such success shall be healthy and have been in place for not less than two growing seasons. At the time of bond release, at least 80% of the trees and shrubs used to determine such success shall have been in place for 60% of the applicable minimum period of responsibility. The requirements of this section apply to trees and shrubs that have been seeded or transplanted and can be met when records of woody vegetation planted show that no woody plants were planted during the last two growing seasons of the responsibility period and, if any replanting of woody plants took place during the responsibility period, the total number planted during the last 60% of that period is less than 20% of the total number of woody plants required. Any replanting must be by means of transplants to allow for adequate accounting of plant stocking. This final accounting may include volunteer trees and shrubs of approved species. Volunteer trees and shrubs of approved species shall be deemed equivalent to planted specimens two years of age or older and can be counted towards success. Suckers on shrubby vegetation can be counted as volunteer plants when it is evident the shrub community is vigorous and expanding; and(C) vegetative ground cover shall not be less than that required to achieve the approved postmining land use;(4) for areas to be developed for industrial/commercial or residential land use less than two years after regrading is completed, the vegetative ground cover shall not be less than that required to control erosion; and(5) for areas previously disturbed by mining that were not reclaimed to the requirements of this subchapter and that are remined or otherwise redisturbed by surface coal mining operations, as a minimum, the vegetative ground cover shall be not less than the ground cover existing before redisturbance and shall be adequate to control erosion.(c) Extended responsibility period.(1) The period of extended responsibility for successful revegetation shall begin after the last year of augmented seeding, fertilizing, irrigation, or other work, excluding husbandry practices that are approved by the Commission in accordance with paragraph (4) of this subsection.(2) In areas of more than 26.0 inches of annual average precipitation, the period of responsibility shall continue for a period of not less than:(A) five full years, except as provided in subparagraph (B) of this paragraph. The vegetation parameters identified in subsection (b) of this section for grazingland, pastureland, or cropland shall equal or exceed the approved success standard during the growing season of any 2 years of the responsibility period, except the first year. Areas approved for the other uses identified in subsection (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period; or(B) two full years for lands eligible for remining included in a permit for which a finding has been made under §12.216(16) of this title (relating to Criteria for Permit Approval or Denial). To the extent that the success standards are established by subsection (b)(5) of this section, the lands must equal or exceed the standards during the growing season of the last year of the responsibility period.(3) In areas of 26.0 inches or less average annual precipitation, the period of responsibility shall continue for a period of not less than:(A) ten full years, except as provided in subparagraph (B) of this paragraph. The vegetation parameters identified in subsection (b) of this section for grazingland, pastureland, or cropland shall equal or exceed the approved success standard during the growing season of any two years after year six of the responsibility period. Areas approved for the other uses identified in subsection (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period; or(B) five full years for lands eligible for remining included in a permit for which a finding has been made under §12.216(16) of this title. To the extent that the success standards are established by subsection (b)(5) of this section, the lands must equal or exceed the standards during the growing seasons of the last two consecutive years of the responsibility period.(4) The Commission may approve selective husbandry practices, excluding augmented seeding, fertilization, or irrigation, provided it obtains prior approval from the Director, Office of Surface Mining Reclamation and Enforcement in accordance with 30 CFR 732.17 that the practices are normal husbandry practices, without extending the period of responsibility for revegetation success and bond liability if such practices can be expected to continue as part of the postmining land use or if the discontinuance of the practices after the liability period expires will not reduce the probability of permanent revegetation success. Approved practices shall be normal husbandry practices within the region for unmined land having land uses similar to the approved postmining land use of the disturbed area, including such practices as disease, pest, and vermin control; and any pruning, reseeding, and transplanting specifically necessitated by such actions.", "sourceNote": "Source Note: The provisions of this §12.395 adopted to be effective November 4, 1997, 22 TexReg 10640; amended to be effective November 12, 2007, 32 TexReg 8124; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8057", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.397", "label": "Cessation of Operations: Temporary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202437", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each person who conducts surface mining activities shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of their obligation to comply with any provisions of the approved permit.(b) Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, persons who conduct surface mining activities shall submit to the Commission a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area, prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished and identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities that will continue during the temporary cessation.", "sourceNote": "Source Note: The provisions of this §12.397 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202437", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.398", "label": "Cessation of Operations: Permanent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202438", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons who cease surface mining activities permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter (relating to Coal Mining Regulations) and the permit approved by the Commission.(b) All underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the Commission as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.(c) Persons who conduct surface mining activities shall submit to the Commission a written notice of intent to permanently cease and abandon mining operations as soon as the intent is finalized.", "sourceNote": "Source Note: The provisions of this §12.398 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202438", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.399", "label": "Postmining Land Use" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "24509", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. All affected areas shall be restored in a timely manner:(1) to conditions that are capable of supporting the uses which they were capable of supporting before any mining; or(2) to higher or better uses achievable under criteria and procedures of this section.(b) Determining premining use of land. The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land had not been previously mined and had been properly managed.(1) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the highest and best use that can be achieved and is compatible with surrounding areas.(2) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.(3) If the premining use of the land was changed within 5 years of the beginning of mining, the comparison of postmining use to premining use shall include a comparison with the historic use of the land as well as its use immediately preceding mining.(c) Alternative land uses. Prior to the release of lands from the permit area in accordance with §12.313 of this title (relating to Criteria and Schedule for Release of Performance Bond), the permit area shall be restored, in a timely manner, either to conditions capable of supporting the uses they were capable of supporting before any mining, or to conditions capable of supporting approved alternative land uses. Alternative land uses may be approved by the Commission after consultation with the landowner or the land management agency having jurisdiction over the lands, if the following criteria are met:(1) the proposed postmining land use is compatible with adjacent land use and, where applicable, with existing local, state, or federal land-use policies and plans: A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the Commission within 60 days of notice by the Commission and before surface mining activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, state, or federal land-management agencies, is obtained and remains valid throughout the surface mining activities;(2) specific plans are prepared and submitted to the Commission which show the feasibility of the postmining land use as related to projected land-use trends and markets and that include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and will be sustained. The Commission may require appropriate demonstrations to show that the planned procedures are feasible, reasonable, and integrated with mining and reclamation, and that the plans will result in successful reclamation;(3) provision of any necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts surface mining activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under §12.147 of this title (relating to Reclamation Plan: Postmining Land Uses). The letters shall be submitted to the Commission before surface mining activities begin;(4) specific and feasible plans are submitted to the Commission which show that financing, attainment and maintenance of the postmining land use are feasible and, if appropriate, are supported by letters of commitment from parties other than the person who conducts the surface mining activities;(5) plans for the postmining land use are designed under the general supervision of qualified professional engineer, who will ensure that the plans conform to applicable accepted standards for adequate land stability, drainage, vegetative cover, and aesthetic design appropriate for the postmining use of the site;(6) the proposed use will present neither actual nor probable hazard to public health or safety, nor will it pose any actual or probable threat of water flow-diminution or pollution;(7) the use will not involve unreasonable delays in reclamation;(8) necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife, and related environmental values and threatened or endangered plants is obtained from the Commission and appropriate state and federal fish and wildlife management agencies have been provided a 60-day period in which to review the plan before surface mining activities begin; and(9) proposals to change premining land uses of range, fish and wildlife habitat, forestland, hayland, or pasture to a postmining cropland use, where the cropland would require continuous maintenance such as seeding, plowing, cultivation, fertilization, or other similar practices to be practicable or to comply with applicable federal, state, and local laws, are reviewed by the Commission to ensure that:(A) there is a firm written commitment by the person who conducts surface mining activities or by the landowner or land manager to provide sufficient crop management after release of applicable performance bonds under Subchapter J of this Chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations) and §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, and to Revegetation: Standards for Success), to assure that the proposed postmining cropland use remains practical and reasonable;(B) there is sufficient water available and committed to maintain crop production; and(C) topsoil quality and depth are sufficient to support the proposed use.", "sourceNote": "Source Note: The provisions of this §12.399 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "24509", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.400", "label": "Roads: General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202439", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Road classification system.(1) Each road, as defined in §12.3 of this title (relating to Definitions), shall be classified as either a primary road or an ancillary road.(2) A primary road is any road which is:(A) used for transporting coal or spoil;(B) frequently used for access or other purposes for a period in excess of six months; or(C) to be retained for an approved postmining land use.(3) An ancillary road is any road not classified as a primary road.(b) Performance standards. Each road shall be located, designed, constructed, reconstructed, used, maintained, and reclaimed so as to:(1) control or prevent erosion, siltation, and the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;(2) control or prevent damage to fish, wildlife, or their habitat and related environmental values;(3) control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;(4) neither cause nor contribute to, directly or indirectly, the violation of state or federal water-quality standards applicable to receiving waters;(5) refrain from seriously altering the normal flow of water in streambeds or drainage channels;(6) prevent or control damage to public or private property, including the prevention or mitigation of adverse effects on lands within the boundaries of units of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including designated study rivers, and National Recreation Areas designated by Act of Congress; and(7) use nonacid- and nontoxic-forming substances in road surfacing.(c) Design and construction limits and establishment of design criteria. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size, in accordance with current, prudent engineering practices, and any necessary design criteria established by the Commission.(d) Location.(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the Commission in accordance with applicable §§12.339-12.341 and §§12.343-12.355 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Sediment Control Measures, to Hydrologic Balance: Siltation Structures, to Hydrologic Balance: Discharge Structures, to Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil, to Hydrologic Balance: Permanent and Temporary Impoundments, to Hydrologic Balance: Ground-Water Protection, to Hydrologic Balance: Surface-Water Protection, to Hydrologic Balance: Surface and Ground-Water Monitoring, to Hydrologic Balance: Transfer of Wells, to Hydrologic Balance: Water Rights and Replacement, to Hydrologic Balance: Discharge of Water Into an Underground Mine, to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities, and to Hydrologic Balance: Stream Buffer Zones).(2) Roads shall be located to minimize downstream sedimentation and flooding.(e) Maintenance.(1) A road shall be maintained to meet the performance standards of this section and §12.401 of this title (relating to Primary Roads) and any additional criteria specified by the Commission.(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the damage has occurred.(f) Reclamation. A road not to be retained under an approved postmining land use shall be reclaimed in accordance with the approved reclamation plan as soon as practicable after it is no longer needed for mining and reclamation operations. This reclamation shall include:(1) closing the road to traffic;(2) removing all bridges and culverts unless approved as part of the postmining land use;(3) removing or otherwise disposing of road-surfacing materials that are incompatible with the postmining land use and revegetation requirements;(4) reshaping cut and fill slopes as necessary to be compatible with the postmining land use and to complement the natural drainage pattern of the surrounding terrain;(5) protecting the natural drainage patterns by installing dikes or cross drains as necessary to control surface runoff and erosion; and(6) scarifying or ripping the roadbed; replacing topsoil or substitute material, and revegetating disturbed surfaces in accordance with §§12.334-12.338 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil Amendments), and §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Stabilizing Practices, and to Revegetation: Standards for Success).", "sourceNote": "Source Note: The provisions of this §12.400 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202439", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.401", "label": "Primary Roads" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8031", "queryAsDate": "03/11/2026" }, "ruleBody": "Primary roads shall meet the requirements of §12.400 of this title (relating to Roads: General) and the additional requirements of this section.(1) Certification. The construction or reconstruction of primary roads shall be certified in a report to the Commission by a qualified professional engineer. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.(2) Safety Factor. Each primary road embankment shall have a minimum static factor of 1.3.(3) Location.(A) To minimize erosion, a primary road shall be located, insofar as is practicable, on the most stable available surface;(B) Fords of perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the Commission as temporary routes during periods of road construction.(4) Drainage control. In accordance with the approved plan:(A) each primary road shall be constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to bridges, ditches, cross drains, and ditch relief drains. The drainage-control system shall be designed to safely pass the peak runoff from a 10-year, 6-hour precipitation event, or greater event as specified by the Commission;(B) drainage pipes and culverts shall be installed as designed, and maintained in a free and operating condition and to prevent or control erosion at inlets and outlets;(C) drainage ditches shall be constructed and maintained to prevent uncontrolled drainage over the road surface and embankment;(D) culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road;(E) natural stream channels shall not be altered or relocated without the prior approval of the Commission in accordance with applicable §§12.339-12.341 and §§12.343-12.355 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Sediment Control Measures, to Hydrologic Balance: Siltation Structures, to Hydrologic Balance: Discharge Structures, to Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil, to Hydrologic Balance: Permanent and Temporary Impoundments, to Hydrologic Balance: Ground-Water Protection, to Hydrologic Balance: Surface-Water Protection, to Hydrologic Balance: Surface and Ground-Water Monitoring, to Hydrologic Balance: Transfer of Wells, to Hydrologic Balance: Water Rights and Replacement, to Hydrologic Balance: Discharge of Water Into an Underground Mine, to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities, and to Hydrologic Balance: Stream Buffer Zones); and(F) except as provided in paragraph (3)(B) of this section, structures for perennial or intermittent stream-channel crossings shall be made using bridges, culverts, low-water crossings, or other structures designed, constructed, and maintained using current, prudent engineering practices. The Commission shall ensure that low-water crossings are designed, constructed, and maintained to prevent erosion of the structure or stream bed and additional contributions of suspended solids to stream flow.(5) Surfacing. Primary roads shall be surfaced with material approved by the Commission as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.", "sourceNote": "Source Note: The provisions of this §12.401 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8031", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.402", "label": "Utility Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8058", "queryAsDate": "03/11/2026" }, "ruleBody": "All surface coal mining operations shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the Commission.", "sourceNote": "Source Note: The provisions of this §12.402 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8058", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.403", "label": "Support Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8059", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation operation to which it is incident or from which its operation results.(b) In addition to the other provisions of §§12.330-12.402 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities), support facilities shall be located, maintained, and used in a manner that:(1) prevents or controls erosion and siltation, water pollution, and damage to public or private property; and(2) to the extent possible using the best technology currently available:(A) minimizes damage to fish, wildlife, and related environmental values; and(B) minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of state or federal law.", "sourceNote": "Source Note: The provisions of this §12.403 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8059", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.500", "label": "Signs and Markers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8060", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Specifications. Signs and markers required under this section and §§12.501-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities) shall:(1) be posted, maintained, and removed by the person who conducts the underground mining activities;(2) be of a uniform design throughout the activities that can be easily seen and read;(3) be made of durable material; and(4) conform to local laws and regulations.(b) Duration of maintenance. Signs and markers shall be maintained during all activities to which they pertain.(c) Mine and permit identification signs.(1) Identification signs shall be displayed at each point of access from public roads to areas of surface operations and facilities on permit areas for underground mining activities.(2) Signs will show the name, business address, and telephone number of the person who conducts underground mining activities and the identification number of the current permit authorizing underground mining activities.(3) Signs shall be retained and maintained until after the release of all bonds for the permit area.(d) Perimeter markers. Each person who conducts underground mining activities shall clearly mark the perimeter of all areas affected by surface operations or facilities before beginning mining activities.(e) Buffer zone markers. Buffer zones required by §12.524 of this title (relating to Hydrologic Balance: Stream Buffer Zones) shall be clearly marked to prevent disturbance by surface operations and facilities.(f) Blasting signs. Persons who conduct surface blasting incidental to underground mining activities shall provide warning signs as required by §12.528 of this title (relating to Use of Explosives: Control of Adverse Effects).(g) Topsoil markers. Where topsoil or other vegetation-supporting material is segregated and stockpiled as required under §12.506 of this title (relating to Topsoil: Storage), the stockpiled material shall be clearly marked.", "sourceNote": "Source Note: The provisions of this §12.500 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8060", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.501", "label": "Casing and Sealing of Exposed Underground Openings: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8061", "queryAsDate": "03/11/2026" }, "ruleBody": "Each exploration hole, other drill hole or borehole, shaft, well, or other exposed underground opening shall be cased, lined, or otherwise managed as approved by the Commission to prevent acid or other toxic drainage from entering ground and surface waters, to minimize disturbance to the prevailing hydrologic balance and to ensure the safety of people, livestock, fish and wildlife, and machinery in the mine-plan and adjacent area. Each exploration hole, drill hole, or borehole or well that is uncovered or exposed by mining activities within the permit area shall be permanently closed, unless approved for water monitoring or otherwise managed in a manner approved by the Commission. Use of a drilled hole or monitoring well as a water well must meet the provisions of §12.520 of this title (relating to Hydrologic Balance: Transfer of Wells). This section does not apply to holes drilled and used for blasting in the area affected by surface operations.", "sourceNote": "Source Note: The provisions of this §12.501 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8061", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.502", "label": "Casing and Sealing of Underground Openings: Temporary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8062", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the underground mining activities.(b) Each exploration hole, other drill hole or borehole, shaft, well, and other exposed underground opening which has been identified in the approved permit application for use to return underground development waste, coal processing waste or water to underground workings, or to be used to monitor ground-water conditions, shall be temporarily sealed until actual use.", "sourceNote": "Source Note: The provisions of this §12.502 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8062", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.503", "label": "Casing and Sealing of Underground Openings: Permanent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8063", "queryAsDate": "03/11/2026" }, "ruleBody": "When no longer needed for monitoring or other use approved by the Commission upon a finding of no adverse environmental or health and safety effects, or unless approved for transfer as a water well under §12.520 of this title (relating to Hydrologic Balance: Transfer of Wells), each shaft, drift, adit, tunnel, exploratory hole, entryway or other opening to the surface from underground shall be capped, sealed, backfilled, or otherwise properly managed, as required by the Commission in accordance with §§12.501 and 12.518 of this title (relating to Casing and Sealing of Underground Openings: General Requirements, and to Hydrologic Balance: Underground Mine Entry and Access Discharges) and consistent with 30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, machinery and to keep acid or other toxic drainage from entering ground or surface waters.", "sourceNote": "Source Note: The provisions of this §12.503 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8063", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.504", "label": "Topsoil: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "370", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before disturbance of areas affected by surface operations, topsoil and subsoils to be saved under §12.505 of this title (relating to Topsoil: Removal) shall be separately removed and segregated from other material.(b) After removal, topsoil shall be immediately redistributed in accordance with §12.507 of this title (relating to Topsoil: Redistribution), stockpiled pending redistribution under §12.506 of this title (relating to Topsoil: Storage), or if the permittee can demonstrate that an alternative procedure will provide equal or more protection for the topsoil, the Commission, may, on a case-by-case basis, approve an alternative.", "sourceNote": "Source Note: The provisions of this §12.504 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "370", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.505", "label": "Topsoil: Removal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8064", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Timing. Topsoil shall be removed from areas to be affected by surface operations or major structures, after vegetative cover that would interfere with the use of the topsoil is cleared from portions of those areas that will be disturbed, but before any drilling for blasting, mining, or other surface disturbance of surface lands.(b) Materials to be removed. Topsoil shall be removed in a separate layer from the areas to be disturbed, unless use of substitute or supplemental materials is approved by the Commission in accordance with subsection (e) of this section. If use of substitute or supplemental materials is approved, all materials to be redistributed shall be removed.(c) Material to be removed in thin topsoil situations. If the topsoil is less than 6 inches, a 6-inch layer that includes the A horizon and the unconsolidated materials immediately below the A horizon or the A horizon and all unconsolidated material if the total available is less than 6 inches, shall be removed and the mixture segregated and redistributed as the surface soil layer, unless topsoil substitutes are approved by the Commission pursuant to subsection (e) of this section.(d) Subsoil segregation. The B horizon and portions of the C horizon, or other underlying layers demonstrated to have qualities for comparable root development, shall be segregated and replaced as subsoil, if the Commission determines that either of these is necessary or desirable to ensure soil productivity consistent with the approved postmining land use.(e) Topsoil substitutes and supplements.(1) Selected overburden materials may be substituted for, or used as a supplement to, topsoil, if the Commission determines that the resulting soil medium is equal to or more suitable for sustaining the vegetation than is the available topsoil and the substitute material is the best available to support the vegetation. This determination shall be based on the results of chemical and physical analysis of overburden and topsoil. These analyses shall include determinations of pH, net acidity or alkalinity, phosphorus, potassium, texture class, and other analyses as required by the Commission. The Commission may also require that results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using these overburden materials.(2) Results of analyses, trials, and tests shall be submitted to the Commission. Certification of trials and tests shall be made by a laboratory approved by the Commission stating that:(A) the proposed substitute material is equal to or more suitable for sustaining the vegetation than is the available topsoil;(B) the substitute material is the best available material to support the vegetation; and(C) the trials and tests were conducted using standard testing procedures.(3) Substituted or supplemental material shall be removed, segregated, and replaced in compliance with the requirements for topsoil under this section.(f) Limits on topsoil removal area. Where the removal of vegetative material, topsoil, or other materials may result in erosion which may cause air or water pollution:(1) the size of the area from which topsoil is removed at any one time shall be limited;(2) the surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and(3) such other measures shall be taken as the Commission may approve or require to control erosion.", "sourceNote": "Source Note: The provisions of this §12.505 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8064", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.506", "label": "Topsoil: Storage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8065", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Topsoil and other materials removed under §12.505 of this title (relating to Topsoil: Removal) shall be stockpiled only when it is impractical to promptly redistribute such materials on regraded areas.(b) Stockpiled materials shall be selectively placed on a stable surface area within the permit area, not disturbed, and protected from wind and water erosion, unnecessary compaction, and contaminants which lessen the capability of the materials to support vegetation when redistributed.(1) Protection measures shall be accomplished either by:(A) an effective cover of non-noxious, quick-growing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or(B) other methods demonstrated to and approved by the Commission to provide equal protection.(2) Unless approved by the Commission, stockpiled topsoil and other materials shall not be moved until required for redistribution on a disturbed area.", "sourceNote": "Source Note: The provisions of this §12.506 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8065", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.507", "label": "Topsoil: Redistribution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27845", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After final grading and before the replacement of topsoil and other materials segregated in accordance with §12.505 of this title (relating to Topsoil: Removal), regraded land shall be scarified or otherwise treated as required by the Commission to eliminate slippage surfaces and to promote root penetration. If the person who conducts underground mining activities shows, through appropriate tests, and the Commission approves, that no harm will be caused to the topsoil and vegetation, scarification may be conducted after topsoiling.(b) Topsoil and other materials shall be redistributed in a manner that:(1) achieves an approximate uniform, stable thickness consistent with the postmining land uses, slopes, and surface-drainage system;(2) prevents excess compaction of the topsoil; and(3) protects the topsoil from wind and water erosion before and after it is seeded and planted.", "sourceNote": "Source Note: The provisions of this §12.507 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27845", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.508", "label": "Topsoil: Nutrients and Soil Amendments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8047", "queryAsDate": "03/11/2026" }, "ruleBody": "Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the redistributed surface soil layer so that it supports the postmining land use approved by the Commission and meets the revegetation requirements of §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success). All soil tests shall be performed by a qualified laboratory using standard methods approved by the Commission.", "sourceNote": "Source Note: The provisions of this §12.508 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8047", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.509", "label": "Hydrologic Balance: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "371", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Underground mining activities shall be planned and conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damages to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of §§12.500-12.508, this section, and §§12.510-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities). The Commission may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.(b) Changes in water quality and quantity, in the depth to ground water, and in the location of surface-water drainage channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.(c) In no case shall federal and state water-quality statutes, regulations, standards or effluent limitations be violated.(d) Operations shall be conducted to minimize water pollution and, where necessary, treatment methods shall be used to control water pollution.(1) Each person who conducts underground mining activities shall emphasize mining and reclamation practices that prevent or minimize water pollution. Changes in flow shall be used in preference to the use of water treatment facilities.(2) Acceptable practices to control and minimize water pollution include, but are not limited to:(A) stabilizing disturbed areas through land-shaping;(B) diverting runoff;(C) achieving quickly germinating and growing stands of temporary vegetation;(D) regulating channel velocity of water;(E) lining drainage channels with rock or vegetation;(F) mulching;(G) selectively placing and sealing acid-forming and toxic-forming materials;(H) designing mines to prevent gravity drainage of acid waters;(I) sealing;(J) controlling subsidence; and(K) preventing acid mine drainage.(3) If the practices listed at subsection (d)(2) of this section are not adequate to meet the requirements of §§12.500-12.508, this section, and §§12.510-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities), the person who conducts underground mining activities shall operate and maintain the necessary water-treatment facilities for as long as treatment is required under §§12.500-12.508, this section, and §§12.510-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities).", "sourceNote": "Source Note: The provisions of this §12.509 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "371", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.510", "label": "Hydrologic Balance: Water-Quality Standards and Effluent Limitations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202440", "queryAsDate": "03/11/2026" }, "ruleBody": "Discharge of water from areas disturbed by underground mining activities shall be made in compliance with all applicable state and federal water-quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434.", "sourceNote": "Source Note: The provisions of this §12.510 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202440", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.511", "label": "Hydrologic Balance: Diversions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8069", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements.(1) With the approval of the Commission, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of §12.514 of this title (relating to Hydrologic Balance: Siltation Structures) for siltation-structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the Commission under §12.522 of this title (relating to Hydrologic Balance: Discharge of Water Into an Underground Mine).(2) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:(A) be stable;(B) provide protection against flooding and resultant damage to life and property;(C) prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and(D) comply with all applicable local, state, and federal laws and regulations.(3) Temporary diversions shall be removed when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with §§12.500-12.510, this section, and §§12.513-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities). Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel, including the natural riparian vegetation to promote the recovery and the enhancement of aquatic habitat.(4) Diversion designs shall incorporate the following:(A) be constructed with gentle sloping banks that are stabilized by vegetation. Asphalt, concrete or other similar linings shall be used only when approved by the Commission to prevent seepage or to provide stability. Channel linings shall be designed using standard engineering practices to pass safely the design velocities and shall be approved for permanent diversions only where they are stable and will require infrequent maintenance;(B) erosion protection shall be provided for transition of flows and for critical areas such as swales and curves;(C) energy dissipators shall be installed when necessary at discharge points, where diversions intersect with natural streams and exit velocities of the diversion ditch flow is greater than that of the receiving stream;(D) excess excavated material not necessary for diversion channel geometry or regrading of the channel shall be disposed of in accordance with §§12.531-12.534 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: General Requirements, to Disposal of Underground Development Waste and Excess Spoil: Valley Fills, to Disposal of Underground Development Waste and Excess Spoil: Head-of-Hollow Fills, and to Disposal of Underground Development Waste and Excess Spoil: Durable Rock Fills); and(E) topsoil shall be handled in compliance with §§12.504-12.508 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil Amendments).(b) Diversions of Perennial and Intermittent Streams.(1) Diversions of perennial and intermittent streams within the permit area may be approved by the Commission after making the finding relating to stream buffer zones called for in §12.524 of this title (relating to Hydrologic Balance: Stream Buffer Zones) that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.(2) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.(3) The requirements of subsection (a)(2)(B) of this section shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and floodplain configuration is adequate to pass safely the peak runoff of a 10-year, 6-hour precipitation event for a temporary diversion, and a 100-year, 6-hour precipitation event for a permanent diversion.(4) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified professional engineer as meeting the performance standards of §§12.500 - 12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities) and any design criteria set by the Commission.(c) Diversion of Miscellaneous Flows.(1) Miscellaneous flows, which consists of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required and approved by the Commission. Miscellaneous flows shall include ground-water discharges and ephemeral streams.(2) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in subsection (a) of this section.(3) The requirements of subsection (a)(2)(B) of this section shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 2-year, 6-hour precipitation event for a temporary diversion, and a 10-year, 6-hour precipitation event for a permanent diversion.", "sourceNote": "Source Note: The provisions of this §12.511 adopted to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8069", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.513", "label": "Hydrologic Balance: Sediment Control Measures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:(1) prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;(2) meet the more stringent of applicable state or federal effluent limitations; and(3) minimize erosion to the extent possible.(b) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed areas shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include, but are not limited to:(1) disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation as required in §12.555(b) of this title (relating to Revegetation: General Requirements);(2) stabilizing the backfilled material to promote a reduction of the rate and volume of runoff in accordance with the requirements of §12.551 of this title (relating to Backfilling and Grading: General Requirements);(3) retaining sediment within disturbed areas;(4) diverting runoff away from disturbed areas;(5) diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;(6) using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland-flow velocity, reduce runoff volume, or trap sediment;(7) treating with chemicals; and(8) treating mine drainage in underground sumps.", "sourceNote": "Source Note: The provisions of this §12.513 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202441", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.514", "label": "Hydrologic Balance: Siltation Structures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8050", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. For the purposes of this section only, disturbed areas shall not include those areas:(1) in which the only underground mining activities include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with §§12.500-12.513, this section, and §§12.515-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities); and(2) for which the upstream area is not otherwise disturbed by the operator.(b) General requirements.(1) Additional contributions of suspended solids sediment to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.(2) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (5) of this subsection or in subsection (e) of this section.(3) Siltation structures for an area shall be constructed before beginning any underground mining activities in that area, and upon construction shall be certified by a qualified professional engineer to be constructed as designed and as approved in the reclamation plan.(4) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with §12.517 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments).(5) Siltation structures shall be maintained until the disturbed area has been stabilized and revegetated and removal is authorized by the Commission. In no case shall the structure be removed sooner than two years after the last augmented seeding.(6) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success). Sedimentation ponds approved by the Commission for retention as permanent impoundments may be exempted from this requirement.(c) Sedimentation ponds.(1) When used, sedimentation ponds shall:(A) be used individually or in series;(B) be located as near as possible to the disturbed area and out of perennial streams unless approved by the Commission; and(C) be designed, constructed, and maintained to:(i) provide adequate sediment storage volume. The minimum sediment storage volume shall be equal to the three year accumulated sediment volume from the drainage area to the pond. The sediment volume shall be determined using the Universal Soil Loss Equation, gully erosion rates, and the sediment delivery ratio converted to sediment volume, using either the sediment density or other empirical methods approved by the Commission;(ii) provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations. The minimum detention time without a chemical treatment process shall be 10 hours;(iii) contain or treat the 10-year, 24-hour precipitation event (\"design event\") unless a lesser design event is approved by the Commission based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) will be met;(iv) provide a nonclogging dewatering device adequate to maintain the detention time required under clause (ii) of this subparagraph;(v) minimize, to the extent possible, short circuiting;(vi) provide periodic sediment removal sufficient to maintain adequate volume for the design event;(vii) ensure against excessive settlement;(viii) be free of sod, large roots, frozen soil, and acid- or toxic-forming coal mine waste; and(ix) be compacted properly.(2) A sedimentation pond shall include either a combination of principal and auxiliary spillways or single spillway configured as specified in §12.517(a)(9) of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments).(d) Other treatment facilities.(1) Other treatment facilities shall be designed to treat the 10-year, 24-hour precipitation event unless a lesser design event is approved by the Commission based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) will be met.(2) Other treatment facilities shall be designed in accordance with the applicable requirements of subsection (c) of this section.(e) Exemptions. Exemptions to the requirements of this section may be granted if:(1) The disturbed drainage area within the total disturbed area is small; and(2) The operator demonstrates that siltation structures and alternate sediment control measures are not necessary for drainage from the disturbed area to meet the effluent limitations under §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) and the applicable state and federal water-quality standards for the receiving waters.", "sourceNote": "Source Note: The provisions of this §12.514 adopted to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8050", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.515", "label": "Hydrologic Balance: Discharge Structures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8066", "queryAsDate": "03/11/2026" }, "ruleBody": "Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments and diversions shall be controlled by energy dissipators, riprap channels, and other devices, where necessary, to reduce erosion to prevent deepening or enlargement of stream channels, and to minimize disturbance to the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.", "sourceNote": "Source Note: The provisions of this §12.515 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8066", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.516", "label": "Hydrologic Balance: Acid-Forming and Toxic-Forming Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202442", "queryAsDate": "03/11/2026" }, "ruleBody": "Drainage from acid-forming and toxic-forming underground development waste and spoil, if any, into ground and surface waters shall be avoided by:(1) identifying, burying, and treating, where necessary, waste and spoil which, in the judgment of the Commission, may be detrimental to vegetation or may adversely affect water quality, if not treated or buried;(2) preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with §12.553 of this title (relating to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials), and other measures required by the Commission; and(3) burying or otherwise treating all acid-forming or toxic-forming underground development waste and spoil within 30 days after they are first exposed on the mine site, or within a lesser period required by the Commission. Temporary storage of such materials may be approved by the Commission upon a finding that burial or treatment within 30 days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment first becomes feasible. Acid-forming and toxic-forming underground development waste and spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.", "sourceNote": "Source Note: The provisions of this §12.516 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202442", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.517", "label": "Hydrologic Balance: Permanent and Temporary Impoundments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8070", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements. The requirements of this subsection apply to both temporary and permanent impoundments.(1) Impoundments meeting the significant or high hazard class criteria of dams in the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service Technical Release No. 60 (210-VI-TR60, July 2005), Earth Dams and Reservoirs, shall comply with the table of Minimum Auxiliary Spillway Hydrologic Criteria in Technical Release No. 60 (TR-60), which is incorporated by reference, and the requirements of this section.(2) An impoundment meeting the size or other criteria of 30 CFR 77.216(a) shall comply with the requirements of 30 CFR 77.216 and of this section.(3) The design of impoundments shall be certified in accordance with §12.190(a) of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments) as designed to meet the requirements of this part using current, prudent, engineering practices and any design criteria established by the Commission. The qualified professional engineer shall be experienced in the design and construction of impoundments.(4) Stability.(A) An impoundment meeting the significant or high hazard class criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a) shall have a minimum static factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.(B) An impoundment not included in subparagraph (A) of this paragraph, except for a coal mine waste impounding structure, shall have a minimum static safety factor of 1.3 for a normal pool with steady-state seepage saturation conditions or meet the requirements of §12.190(c) of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments).(5) Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the significant or high hazard class criteria for dams in TR-60 shall comply with the freeboard hydrograph criteria in the Minimum Auxiliary Spillway Hydrologic Criteria table in TR-60.(6) Foundations.(A) Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the significant or high hazard class criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), foundation investigation, as well as any necessary laboratory testing of foundation material, shall be performed to determine the design requirements for foundation stability.(B) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.(7) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.(8) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.(9) An impoundment shall include either a combination of principal and auxiliary spillways or a single spillway configured as specified in subparagraph (A) of this paragraph, designed and constructed to safely pass the applicable design precipitation event specified in subparagraph (B) of this paragraph.(A) The Commission may approve a single open-channel spillway that is of nonerodible construction and designed to carry sustained flows or earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected.(B) Except as specified in subsection (c)(2) of this section, the required design precipitation event for an impoundment meeting the spillway requirements of this paragraph is:(i) for an impoundment meeting the significant or high hazard class criteria for dams in TR-60, the auxiliary spillway hydrograph criteria in the Minimum Emergency Spillway Hydrologic Criteria table in TR-60, or greater event as specified by the Commission;(ii) for an impoundment meeting or exceeding the size or other criteria of 30 CFR 77.216(a), a 100-year, 6-hour event, or greater event as specified by the Commission; and(iii) for an impoundment not included in subparagraphs (A) and (B) of this paragraph, a 25-year, 6-hour event, or greater event as specified by the Commission.(10) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of the highwall to provide adequate safety and access for the proposed water users.(11) A qualified professional engineer or other qualified professional specialist under the direction of a professional engineer, shall inspect each impoundment as provided in subparagraph (A) of this paragraph. The professional engineer or specialist shall be experienced in the construction of impoundments.(A) Inspections shall be made regularly during construction, upon completion of the construction, and at least yearly until removal of the structure or release of the performance bond.(B) The qualified professional engineer shall promptly after each inspection required in subparagraph (A) of this paragraph provide the Commission a certified report that the impoundment has been constructed and/or maintained as designed and in accordance with the approved plan and this chapter. The report shall include discussion of any appearance of instability, structural weakness or other hazard condition, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation, and any other aspects of the structure affecting stability.(C) A copy of the report shall be retained at or near the minesite.(12) Impoundments meeting the NRCS significant or high hazard class criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216 must be examined in accordance with 30 CFR 77.216-3. Impoundments not meeting the NRCS Class B or C criteria for dams in TR-60, or subject to 30 CFR 77.216, shall be examined at least quarterly. A qualified person designated by the operator shall examine impoundments for the appearance of structural weakness and other hazardous conditions.(13) If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the Commission of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Commission shall be notified immediately. The Commission shall then notify the appropriate agencies that other emergency procedures are required to protect the public.(b) Permanent Impoundments. A permanent impoundment of water may be created, if authorized by the Commission in the approved permit based upon the following demonstration:(1) the size and configuration of such impoundment will be adequate for its intended purposes;(2) the quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water-quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water-quality standards;(3) the water level will be sufficiently stable and be capable of supporting the intended use;(4) final grading will provide for adequate safety and access for proposed users;(5) the impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses; and(6) the impoundment will be suitable for the approved postmining land use.(c) Temporary Impoundments.(1) The Commission may authorize the construction of temporary impoundments as part of an underground coal mining operation.(2) In lieu of meeting the requirements of subsection (a)(9)(A) of this section, the Commission may approve an impoundment that relies primarily on storage to control the runoff from the design precipitation event when it is demonstrated by the operator and certified by a qualified professional engineer that the impoundment will safely control the design precipitation event, the water from which shall be safely removed in accordance with current, prudent engineering practices. Such an impoundment shall be located where failure would not be expected to cause loss of life or serious property damage, except where:(A) impoundments meeting the NRCS significant or high hazard class criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), shall be designed to control the precipitation of the probable maximum precipitation of a 6-hour event, or greater event as specified by the Commission; and(B) impoundments not included in subparagraph (A) of this paragraph shall be designed to control the precipitation of the 100-year, 6-hour event, or greater event as specified by the Commission.", "sourceNote": "Source Note: The provisions of this §12.517 adopted to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8070", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.518", "label": "Hydrologic Balance: Underground Mine Entry and Access Discharges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "375", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surface entries and accesses to underground workings, including adits and slopes, shall be located, designed, constructed, and utilized to prevent or control gravity discharge of water from the mine.(b) Gravity discharge of water from an underground mine, other than a drift mine subject to subsection (c) of this section, may be allowed by the Commission, if it is demonstrated that:(1) the discharge:(A) satisfies the water effluent limitations referenced in §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) and all applicable state and federal water-quality standards without treatment; and(B) will result in changes in the prevailing hydrologic balance that are minimal, and approved postmining land uses will not be adversely affected; or(2) discharges:(A) are conveyed to a treatment facility in the permit area in accordance with §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations); and(B) for all water from the underground mine discharged from the treatment facility, the effluent limitations referenced in §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) and all other applicable state and federal statutes and regulations are met; and(C) consistent maintenance of the treatment facility will occur throughout the anticipated period of gravity discharge.(c) Notwithstanding anything to the contrary in subsections (a) and (b) of this section, for a drift mine first used after the implementation of a state, federal, or federal lands program and located in acid-producing or iron-producing coal seams, surface entries and accesses shall be located in such a manner as to prevent any gravity discharge from the mine.", "sourceNote": "Source Note: The provisions of this §12.518 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "375", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.519", "label": "Hydrologic Balance: Surface and Ground-Water Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8071", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Ground water.(1) Ground-water monitoring shall be conducted according to the ground-water monitoring plan approved under §12.188(b) of this title (relating to Reclamation Plan: Protection of Hydrologic Balance). The Commission may require additional monitoring when necessary.(2) Ground-water monitoring data shall be submitted every three months to the Commission or more frequently as prescribed by the Commission. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground-water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the Commission and immediately take the action provided for in §12.221(a) and §12.188(a) of this title (relating to Conditions of Permits: Environment, Public Health, and Safety, and to Reclamation Plan: Protection of Hydrologic Balance).(3) Ground-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of §§12.207-12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions), the Commission may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this subsection, that:(A) the operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and the water rights of other users have been protected or replaced; or(B) monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under §12.188(b) of this title (relating to Reclamation Plan: Protection of Hydrologic Balance).(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained, and operated and shall be removed when no longer needed.(b) Surface water.(1) Surface-water monitoring shall be conducted according to the surface-water monitoring plan approved under §12.188(c) of this title (relating to Reclamation Plan: Protection of Hydrologic Balance). The Commission may require additional monitoring when necessary.(2) Surface-water monitoring data shall be submitted every three months to the Commission or more frequently as prescribed by the Commission. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface-water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the Commission and immediately take the action provided for in §12.221(a) and §12.188(a) of this title (relating to Conditions of Permits: Environment, Public Health, and Safety, and to Reclamation Plan: Protection of Hydrologic Balance). The reporting requirements of this paragraph do not exempt the operator from meeting any National Pollutant Discharge Elimination System (NPDES) requirements.(3) Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of §§12.207-12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions), the Commission may modify the monitoring requirements, except those required by the NPDES permitting authority, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this subsection, that:(A) the operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and the water rights of other users have been protected or replaced; or(B) monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under §12.188(c) of this title (relating to Reclamation Plan: Protection of Hydrologic Balance).(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed when no longer needed.", "sourceNote": "Source Note: The provisions of this §12.519 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8071", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.520", "label": "Hydrologic Balance: Transfer of Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "376", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An exploratory or monitoring well may only be transferred by the person who conducts underground mining activities for further use as a water well with the prior approval of the Commission. That person and the surface owner of the lands where the well is located shall jointly submit a written request to the Commission for that approval.(b) Upon an approved transfer of a well, the transferee shall:(1) assume primary liability for damages to persons or property from the well;(2) plug the well when necessary, but in no case later than abandonment of the well; and(3) assume primary responsibility for compliance with §§12.501-12.503 of this title (relating to Casing and Sealing of Exposed Underground Openings: General Requirements, to Casing and Sealing of Exposed Underground Openings: Temporary, and to Casing and Sealing of Exposed Underground Openings: Permanent) with respect to the well.(c) Upon an approved transfer of a well, the transferor shall be secondarily liable for the transferee's obligation under subsection(b) of this section, until release of the bond or other equivalent guarantee required by Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations) for the area in which the well is located.", "sourceNote": "Source Note: The provisions of this §12.520 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "376", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.521", "label": "Hydrologic Balance: Water Rights and Replacement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8072", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person who conducts underground mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the underground mining activities.", "sourceNote": "Source Note: The provisions of this §12.521 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8072", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.522", "label": "Hydrologic Balance: Discharge of Water into an Underground Mine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26314", "queryAsDate": "03/11/2026" }, "ruleBody": "Water from the surface or from an underground mine shall not be diverted or discharged into other underground mine workings, unless the person who conducts the underground mining activities demonstrates to the Commission that the discharge will:(1) abate water pollution or otherwise eliminate public hazards resulting from underground mining activities;(2) be discharged as a controlled flow;(3) meet the effluent limitations referenced in §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) for pH and total suspended solids, except that the pH and total suspended solid limitations may be exceeded, if approved by the Commission, and the discharge is limited to:(A) coal processing waste;(B) underground mine development waste;(C) fly ash from a coal-fired facility;(D) sludge from an acid mine drainage treatment facility;(E) flue-gas desulfurization sludge; or(F) inert materials used for stabilizing underground mines;(4) continue as a controlled and identifiable flow and is ultimately treated by an existing treatment facility;(5) in any event not cause, result in, or contribute to a violation of applicable water-quality standards or effluent limitations due to discharge from underground mines to surface waters;(6) minimize disturbance to the hydrologic balance of the permit area, prevent material damage outside the permit area, and otherwise eliminate public hazards resulting from underground mining activities; and(7) meet with the approval of the Mine Safety and Health Administration.", "sourceNote": "Source Note: The provisions of this §12.522 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26314", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.523", "label": "Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8068", "queryAsDate": "03/11/2026" }, "ruleBody": "Before abandoning the permit area, the person who conducts the underground mining activities shall renovate all permanent sedimentation ponds, diversions, impoundments and treatment facilities to meet criteria specified in the detailed design plan for the permanent structures and impoundments.", "sourceNote": "Source Note: The provisions of this §12.523 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8068", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.524", "label": "Hydrologic Balance: Stream Buffer Zones" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "377", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by underground mining activities, unless the Commission specifically authorizes underground mining activities closer to, or through, such a stream. The Commission may authorize such activities only upon finding that:(1) underground mining activities will not cause or contribute to the violation of applicable state or federal water-quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and(2) if there will be a temporary or permanent stream-channel diversion, it will comply with §12.511 of this title (relating to Hydrologic Balance: Diversions).(b) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in §12.500 of this title (relating to Signs and Markers).", "sourceNote": "Source Note: The provisions of this §12.524 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "377", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.525", "label": "Coal Recovery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8076", "queryAsDate": "03/11/2026" }, "ruleBody": "Underground mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.", "sourceNote": "Source Note: The provisions of this §12.525 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8076", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.526", "label": "Use of Explosives: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8077", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section and §§12.527-12.530 of this title (relating to Use of Explosives) apply only to surface blasting activities incident to underground mining, including, but not limited to, initial rounds of slopes and shafts.(b) Each operator shall comply with all applicable state and federal laws and regulations in the use of explosives.(c) All surface blasting operations incident to underground mining shall be conducted by experienced, trained, and competent persons who understand the hazards involved. A blaster and at least one other person shall be present at the firing of a blast. Each person responsible for blasting operations shall possess a valid certification as required by §§12.700-12.710 of this title (relating to Training, Examination, and Certification of Blasters) and:(1) be familiar with the site-specific performance standards; and(2) give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew to assist in the use of explosives.(d) Blast-design requirements shall include the following:(1) the operator shall submit to the Commission an anticipated blast design if blasting operations will be conducted within:(A) 1,000 feet of any building used as a dwelling, public building, school, church, hospital, nursing facility, or community or institutional building outside the permit area; or(B) 500 feet of facilities including, but not limited to, disposal wells, petroleum or gas storage facilities, active or abandoned underground mines, fluid-transmission pipelines, gas or oil-collection lines, or water and sewage lines;(2) the blast design may be presented as part of a permit application or at a time, before the blast, approved by the Commission;(3) the blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general descriptions of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock, and ground-vibration standards in §12.528 of this title (relating to Use of Explosive: Control of Adverse Effects);(4) the blast design shall be prepared and signed by a certified blaster; and(5) the Commission may require changes to the design submitted.", "sourceNote": "Source Note: The provisions of this §12.526 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8077", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.527", "label": "Use of Explosives: Pre-Blasting Survey" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At least 30 days before initiation of a blasting program, the operator shall notify, in writing, all residents or owners of dwellings or other structures located within 1/2 mile of any part of the permit area regarding how to request a pre-blasting survey. The request shall be made, in writing, directly to the operator or to the Commission who shall promptly notify the operator. The operator shall promptly conduct a pre-blasting survey of the dwelling or structure and promptly submit a report of the survey to the Commission and to the person requesting the survey. If a structure is renovated or modified subsequent to a pre-blast survey, then upon request a survey of such additions and renovations shall be performed by the operator in accordance with this section.(b) The operator shall determine the condition of the dwelling or structure and shall document any pre-blasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of structures such as pipelines, pipes, cables, transmission lines, cisterns, and wells and other water systems may be limited to surface conditions and other readily available data. Special attention shall be given to the pre-blasting condition of wells and other water systems used for human, animal, or agricultural purposes and to the quantity and quality of the water.(c) A written report of the survey shall be prepared and signed by the person who conducted the survey. The report may include recommendations for any special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the report shall be promptly provided to the person requesting the survey and to the Commission. If the person requesting the survey disagrees with the results of the survey, he or she may notify, in writing, both the operator and the Commission of the specific areas of disagreement.(d) Any pre-blasting surveys requested before the 10th day before the planned initiation of blasting shall be completed by the operator before the initiation of blasting.", "sourceNote": "Source Note: The provisions of this §12.527 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166963", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.528", "label": "Use of Explosives: Control of Adverse Effects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8078", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. (1) Blasting shall be conducted in a manner that will prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of ground or surface waters outside the permit area. (2) Except where lesser distances are approved by the Commission, based upon a pre-blasting survey, seismic investigation, and an approved blast design submitted in accordance with the requirements of §12.526(d) of this title (relating to Use of Explosives: General Requirements), blasting shall not be conducted within: (A) 1,000 feet of any building used as a dwelling, public building, school, church, hospital, nursing facility, or community or institutional building outside the permit area; or(B) 500 feet of facilities including, but not limited to, disposal wells, petroleum or gas storage facilities, active and abandoned underground mines, fluid-transmission pipelines, gas or oil-collection lines, or water and sewage lines. (b) Scheduled blasting. All blasting shall be conducted between sunrise and sunset, unless otherwise approved by the Commission upon a showing by the operator that the public will be protected from adverse noise and other impacts. (1) The Commission may limit the area covered, timing and sequence of blasting as listed in the blasting schedule if such limitations are reasonable and necessary in order to protect the public health, safety or welfare. (2) Blasting may be conducted between sunset and sunrise if: (A) a blast that has been prepared during the afternoon must be delayed due to the occurrence of an unavoidable hazardous condition and cannot be delayed until the next day because a potential safety hazard would result that cannot be adequately mitigated; (B) in addition to the required warning signals, oral notices are provided to persons within 1/2 mile of the blasting site; and (C) a complete written report of blasting at night is filed by the operator with the Commission not later than 3 days after the night blasting. The report shall include a description in detail of the reason for the delay in blasting including why the blasting could not be held over to the next day, when the blast was actually conducted, the warning notices given, and a copy of the blast report required by §12.530 of this title (relating to Use of Explosives: Records of Blasting Operations). (c) Unscheduled blasting. Unscheduled blasting may be conducted only where public or operator health and safety so require, and for emergency blasting actions. The operator shall use audible signals to notify residents within 1/2 mile of the blasting site prior to conducting unscheduled blasting, and shall document the reason for the unscheduled blasting in accordance with §12.530 of this title (relating to Use of Explosives: Records of Blasting Operations). (d) Warnings. All blasting shall require blasting signs, warnings, and access control. (1) Blasting signs shall meet the specifications of §12.500 of this title (relating to Signs and Markers). The operator shall: (A) conspicuously place signs reading, \"Blasting Area\", along the edge of any blasting area that comes within 100 feet of any public road right-of-way, and at the point where any other road provides access to the blasting area; and (B) conspicuously place at all entrances to the permit area from the public roads or highways, signs reading, \"Warning! Explosives in Use\". The signs shall clearly list and describe the meaning of the audible blast warning and all-clear signals that are in use, and shall explain the marking of the blasting areas and charged holes awaiting firing within the permit area. (2) Warning and all-clear signals of different character or pattern that are audible within a range of 1/2 mile from the blasting site shall be given. The operator shall notify each person within the permit area and each person who resides or regularly works within 1/2 mile of the permit area regarding the meaning of the signals in the blasting schedule. (e) Access control. Access to the blasting area shall be controlled to prevent the presence of livestock or unauthorized persons during blasting until an authorized representative of the operator has reasonably determined that: (1) no unusual hazards, such as imminent slides or undetonated charges, exist; and (2) access to and travel within the blasting area can be safely resumed. (f) Airblast. (1) Limits. (A) Airblasts shall not exceed the maximum limits specified below at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area, except as provided in subsection (i) of this section.Attached Graphic(B) In all cases except the C-weighted, slow response, the measuring systems used must have a flat frequency response of at least 200 Hz at the upper end. The C-weighted shall be measured with a Type 1 sound-level meter that meets the standard American National Standards Institute ANSI S1.4-1971 specifications. ANSI S1.4-1971 is on file and available for inspection at the office of the Commission, 1701 North Congress Avenue, Austin, Texas. (C) If necessary to prevent damage, the Commission shall specify lower maximum allowable airblast levels than those of subparagraph (A) of this paragraph for use in the vicinity of a specific blasting operation. (2) Monitoring. (A) The operator shall conduct periodic monitoring to ensure compliance with the airblast standards. The Commission may require airblast measurement of any or all blasts, and may specify the locations at which the measurements are to be taken. (B) The measuring systems shall have an upper-end flat frequency response of at least 200 Hz. (g) Flyrock. Flyrock traveling in the air or along the ground shall not be cast from the blasting site: (1) more than 1/2 the distance to the nearest dwelling or other occupied structure; (2) beyond the area of control required under subsection (i) of this section; or (3) beyond the permit boundary. (h) Ground vibration. (1) General. In all blasting operations, except as otherwise authorized in subsection (h) of this section, the maximum ground vibration shall not exceed the values approved by the Commission. The maximum ground vibration for protected structures listed in paragraph (2)(A) of this subsection shall be established in accordance with the maximum peak-particle-velocity limits of paragraph (2) of this subsection, the scaled-distance equation of paragraph (3) of this subsection, the blasting-level chart of paragraph (4) of this subsection, or by the Commission under paragraph (5) of this subsection. All structures in the vicinity of the blasting area, not listed in paragraph (2)(A) of this subsection, such as water towers, pipelines and other utilities, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on ground vibration, submitted by the operator and approved by the Commission. (2) Maximum peak particle velocity. (A) The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area:Attached Graphic(B) A seismographic record shall be provided for each blast.(3) Scaled-distance equation. (A) An operator may use the scaled-distance equation, W = (D/Ds )2 , to determine the allowable charge weight of explosives to be detonated in any 8-millisecond period, without seismic monitoring; where W = the maximum weight of explosives, in pounds; D = the distance, in feet, from the blasting site to the nearest protected structure; and Ds = the scaled-distance factor, which may initially be approved by the Commission using the values for the scaled-distance factor listed in paragraph (2)(A) of this subsection.(B) The development of a modified scaled-distance factor may be authorized by the Commission on receipt of a written request by the operator, supported by seismographic records of blasting at the mine site. The modified scaled-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of paragraph (2)(A) of this subsection, at a 95% confidence level. (4) Blasting-level chart. (A) An operator may use the ground vibration limits in Figure 1 to determine the maximum allowable ground vibration.Attached Graphic(B) If the Figure 1 limits are used, a seismographic record, including both particle-velocity and vibration-frequency levels, shall be provided for each blast. The method for the analysis of the predominant frequency contained in the blasting records shall be approved by the Commission before application of this alternative blasting criterion. (5) The maximum allowable ground vibration shall be reduced by the Commission beyond the limits otherwise provided by this section, if determined necessary to provide damage protection. (6) The Commission may require an operator to conduct seismic monitoring of any or all blasts or may specify the locations at which the measurements are taken and the degree of detail necessary in the measurement.(i) The maximum airblast and ground vibration standards of subsections (f) and (h) of this section shall not apply at the following locations: (1) at structures owned by the permittee and not leased to another person; and (2) at structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the Commission before blasting.", "sourceNote": "Source Note: The provisions of this §12.528 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8078", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.530", "label": "Use of Explosives: Records of Blasting Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202443", "queryAsDate": "03/11/2026" }, "ruleBody": "The operator shall retain a record of each blast, including seismograph reports, which shall be retained for at least three years and which shall be available for inspection by the Commission and the public on request. The record shall contain the following data:(1) name of the operator conducting the blast;(2) location, date, and time of blast;(3) name, signature, and certification number of blaster conducting the blast;(4) identification, direction, and distance, in feet, from the nearest blast hole to the nearest dwelling, public building, school, church, community or institutional building located outside the permit area, except those described in §12.528(i) of this title (relating to Use of Explosives: Control of Adverse Effects);(5) weather conditions, including those which may cause possible adverse blasting effects such as temperature, and wind direction and approximate velocity;(6) type of material blasted;(7) sketches of the blast pattern, including number of holes, burden, spacing, decks, and delay pattern;(8) diameter and depth of holes;(9) types of explosives used;(10) total weight of explosives used per hole;(11) maximum weight of explosives detonated within any 8-millisecond period;(12) maximum number of holes detonated within any 8-millisecond period;(13) initiation system;(14) type and length of stemming;(15) mats or other protections used;(16) type of delay detonator and delay periods used;(17) sketch of the delay pattern;(18) number of persons in the blasting crew;(19) seismographic and airblast records, where required, which shall include:(A) type of instrument, sensitivity, seismographic reading, and calibration signal or certification of annual calibration;(B) exact location of the instrument and the date, time, and distance from the blast;(C) name of the person and firm taking the seismograph reading;(D) name of the person and firm analyzing the seismographic record; and(E) the vibration and airblast level recorded; and(20) reasons and conditions for each unscheduled blast.", "sourceNote": "Source Note: The provisions of this §12.530 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202443", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.531", "label": "Disposal of Underground Development Waste and Excess Spoil: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8079", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Underground development waste and spoil not required to achieve the approximate original contour and which is not used as backfill shall be hauled or conveyed to and placed in designated disposal areas within a permit area if the disposal areas are authorized for such purposes in the approved permit application in accordance with this section and §§12.532-12.534 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: Valley Fills, to Disposal of Underground Development Waste and Excess Spoil: Head-of-Hollow fills, and to Disposal of Underground Development Waste and Excess Spoil: Durable Rock Fills). The material shall be placed in a controlled manner to ensure:(1) that leachate and surface runoff from the fill will not degrade surface or ground waters or exceed the effluent limitations referenced in §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations);(2) stability of the fill; and(3) that the land mass designated as the disposal area is suitable for reclamation and revegetation compatible with the natural surroundings.(b) The fill shall be designed using recognized professional standards, certified by a qualified professional engineer, and approved by the Commission.(c) All vegetative and organic materials shall be removed from the disposal area and the topsoil shall be removed, segregated and stored or replaced in accordance with §§12.504-12.508 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil Amendments). If approved by the Commission, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.(d) Slope protection shall be provided to minimize surface erosion at the site. Diversion design shall conform with the requirements of §12.511 of this title (relating to Hydrologic Balance: Diversions). All disturbed areas, including diversion ditches that are not riprapped, shall be vegetated upon completion of construction.(e) The disposal areas shall be located on the most moderately sloping and naturally stable areas available as approved by the Commission. If such placement provides additional stability and prevents mass movement, fill materials suitable for disposal shall be placed upon or above a natural terrace, bench, or berm.(f) The fill materials shall be hauled or conveyed and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and prevent mass movement, covered, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and ensure a long-term static safety factor of 1.5.(g) The final configuration of the fill must be suitable for postmining land uses approved in accordance with §12.568 of this title (relating to Postmining Land Use), except that no depressions or impoundments shall be allowed on the completed fill.(h) Terraces may be utilized to control erosion and enhance stability if approved by the Commission and consistent with §12.552(b) of this title (relating to Backfilling and Grading: General Grading Requirements).(i) Where the slope in the disposal area exceeds 2.8h:1v (36%), or such lesser slope as may be designated by the Commission based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe-buttresses shall be constructed to stabilize the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with §12.183 of this title (relating to Cross Sections, Maps, and Plans) to determine the size of the rock toe-buttresses or keyway cuts.(j) The fill shall be inspected for stability by a qualified professional engineer experienced in the construction of earth and rockfill embankments at least quarterly throughout construction, and during the following critical construction periods:(1) removal of all organic material and topsoil;(2) placement of underdrainage systems and protective filter systems;(3) installation of surface drainage systems;(4) placement and compaction of fill materials; and(5) revegetation.(k) The qualified professional engineer shall provide to the Commission a certified report, within two weeks after each inspection that the fill has been constructed as specified in the design approved by the Commission. The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately. A copy of the report shall be retained at the minesite.(l) Coal mine waste shall not be disposed of in valley or head-of-hollow fills and may only be disposed of with underground development waste, or in other excess spoil fills, if such waste is:(1) placed in accordance with §12.538 of this title (relating to Coal Mine Waste Banks: Construction Requirements);(2) demonstrated to be non-toxic and non-acid forming; and(3) demonstrated to be consistent with the design stability of the fill.(m) If the disposal area contains springs, natural or manmade watercourses, or wet-weather seeps, an underdrain system consisting of durable rock shall be constructed from the wet areas in a manner that prevents infiltration of the water into the spoil material. The underdrain system shall be protected by an adequate filter and shall be designed and constructed using standard geotechnical engineering methods. Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, color photographs shall be taken of the underdrain as the underdrain system is being formed.(n) The foundation and abutments of the fill shall be stable under all conditions of construction and operation. Sufficient foundation investigations and laboratory testing of foundation materials shall be performed in order to determine the design requirements for stability of the foundation. Analyses of foundation conditions shall include the effect of underground mine workings, if any, upon the stability of the structure.(o) Underground development waste and excess spoil may be returned to underground workings only in accordance with the disposal plans submitted under §12.193 of this title (relating to Underground Development Waste/Return of Coal Processing Waste to Abandoned Underground Workings) and approved by the Commission and MSHA.(p) Excess spoil that is acid-forming or toxic-forming or combustible shall be adequately covered with non-acid, non-toxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with this chapter (relating to Coal Mining Regulations), to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use.(q) The photographs required by this section to accompany each certified report shall be taken in adequate size and number, with enough terrain or other physical features of the site shown, to provide a relative scale to the photographs and to specifically and clearly identify the site.", "sourceNote": "Source Note: The provisions of this §12.531 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8079", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.532", "label": "Disposal of Underground Development Waste and Excess Spoil: Valley Fills" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8080", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Valley fills shall meet all of the requirements of §12.531 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: General Requirements) and the additional requirements of this section.(b) The fill shall be designed to attain a long-term static safety factor of 1.5, based upon data obtained from subsurface exploration, geotechnical testing, foundation design, and accepted engineering analyses.(c) A sub-drainage system for the fill shall be constructed in accordance with the following:(1) a system of underdrains constructed of durable rock shall meet the requirements of paragraph (4) of this subsection, and:(A) be installed along the natural drainage system;(B) extend from the toe to the head of the fill; and(C) contain lateral drains to each area of potential drainage or seepage;(2) a filter system to ensure the proper functioning of the rock underdrain system shall be designed and constructed using standard geotechnical engineering methods;(3) in constructing the underdrains, no more than 10% of the rock may be less than 12 inches in size and no single rock may be larger than 25% of the width of the drain. Rock used in underdrains shall meet the requirements paragraph (4) of this subsection. The minimum size of the main underdrain shall be:Attached Graphic(4) underdrains shall consist of nondegradable, non-acid forming and non-toxic forming rock such as natural sand and gravel, sandstone, limestone, or other durable rock that will not slake in water and will be free of coal, clay, or shale.(d) Underground development waste and excess spoil shall be hauled or conveyed and placed in a controlled manner and concurrently compacted as specified by the Commission, in lifts no greater than four feet, or less if required by the Commission, to:(1) achieve the densities designed to ensure mass stability; (2) prevent mass movement;(3) avoid contamination of the rock underdrain or rock core; and(4) prevent formation of voids.(e) Surface-water runoff from the area above the fill shall be diverted away from the fill and into stabilized diversion channels designed to pass safely the runoff from the 100-year, 24-hour precipitation event, or larger event specified by the Commission. Surface runoff from the fill surface shall be diverted to stabilized channels off the fill which will safely pass runoff from a 100-year, 24-hour precipitation event. Diversion design shall comply with the requirements of §12.511(6) of this title (relating to Hydrologic Balance: Diversions).(f) The tops of the fill and any terrace constructed to stabilize the face shall be graded no steeper than 20h:1v (5%). The vertical distance between terraces shall not exceed 50 feet.(g) Drainage shall not be directed over the outslope of the fill.(h) The outslope of the fill shall not exceed 2h:1v (50%). The Commission may require a flatter slope.", "sourceNote": "Source Note: The provisions of this §12.532 adopted to be\r\neffective April 7, 1997, 22 TexReg 3093; amended to be effective November\r\n4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8080", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.533", "label": "Disposal of Underground Development Waste and Excess Spoil: Head-of-Hollow Fills" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202444", "queryAsDate": "03/11/2026" }, "ruleBody": "Disposal of underground development waste and excess spoil in the head-of-hollow fill shall meet all standards set forth in §12.531 and §12.532 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: General Requirements, and to Disposal of Underground Development Waste and Excess Spoil: Valley Fills) and the additional requirements of this section.(1) The fill shall be designed to completely fill the disposal site to the approximate elevation of the ridgeline. A rock-core chimney drain may be utilized instead of the subdrain and surface diversion system required for valley fills. If the crest of the fill is not approximately at the same elevation as the low point of the adjacent ridgeline, the fill must be designed as specified in §12.532 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: Valley Fills), with diversion of runoff around the fill.(2) The alternative rock-core chimney drain system shall be designed and incorporated into the construction of head-of-hollow fills as follows:(A) the fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least 16 feet thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of §12.532(2) of this title (relating to Disposal of Underground Development Waste and Excess Spoil: Valley Fills);(B) a filter system to ensure the proper functioning of the rock core shall be designed and constructed using standard geotechnical engineering methods; and(C) the grading may drain surface water away from the outslope of the fill and toward the rock core. The maximum slope of the top of the fill shall be 33h:1v (3%). Instead of the requirements of §12.531(g) of this title (relating to Disposal of Underground Development Waste and Excess Spoil: General Requirements), a drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential for impounding more than 10,000 cubic feet of water. Terraces on the fill shall be graded with a 3% to 5% grade toward the fill and a 1% slope toward the rock core.(3) The drainage control system shall be capable of safely passing the runoff from a 100-year, 24-hour precipitation event, or larger event specified by the Commission.", "sourceNote": "Source Note: The provisions of this §12.533 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202444", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.534", "label": "Disposal of Underground Development Waste and Excess Spoil: Durable Rock Fills" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202445", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In lieu of the requirements of §12.532 and §12.533 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: Valley Fills, and to Disposal of Underground Development Waste and Excess Spoil: Head-of-Hollow Fills), the Commission may approve alternate methods for disposal of hard rock spoil, including fill placement by dumping in a single lift, on a site-specific basis, provided the services of a qualified professional engineer experienced in the design and construction of earth and rockfill embankments are utilized, and provided the requirements of this section and §12.531 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: General Requirements) are met. For this section, hard rock spoil shall be defined as rockfill consisting of at least 80% by volume of sandstone, limestone, or other rocks that do not slake in water. Resistance of the hard rock waste or spoil to slaking shall be determined by using the slake index and slake durability tests in accordance with guidelines and criteria established by the Commission.(b) Waste or spoil is to be transported and placed in a specified and controlled manner which will ensure stability of the fill.(1) The method of waste spoil placement shall be designed to ensure mass stability and prevent mass movement in accordance with the additional requirements of this section.(2) Loads of noncemented clay shale and/or clay spoil in the fill shall be mixed with hard rock waste spoil in a controlled manner to limit, on a unit basis, concentrations of noncemented clay shale and clay in the fill. Such materials will comprise no more than 20% of the fill volume as determined by tests performed by a qualified professional engineer and approved by the Commission.(c) Requirements for design of earth and rockfill embankments shall include the following:(1) stability analyses shall be made by the qualified professional engineer. Parameters used in the stability analyses shall be based on adequate field reconnaissance, subsurface investigations including borings, and laboratory tests; and(2) the embankment which constitutes the valley fill or head-of-hollow fill shall be designed with the following factors of safety:Attached Graphic(d) The design of a head-of-hollow fill shall include an internal drainage system which will ensure continued free drainage of anticipated seepage from precipitation and from springs or wet-weather seeps.(1) Anticipated discharge from springs and seeps and due to precipitation shall be based on records and/or field investigations to determine seasonal variation. The design of the internal drainage system shall be based on the maximum anticipated discharge.(2) All granular material used for the drainage system shall be free of clay and consist of durable particles such as natural sands and gravels, sandstone, limestone or other durable rock which will not slake in water.(3) The internal drain shall be protected by a properly designed filter system.(e) Surface-water runoff from the areas adjacent to and above the fill shall not be allowed to flow onto the fill, and shall be diverted into stabilized channels which are designed to safely pass the runoff from a 100-year, 24-hour precipitation event. Diversion design shall comply with the requirements of §12.511(6) of this title (relating to Hydrologic Balance: Diversions).(f) The top surface of the completed fill shall be graded such that the final slope after settlement will be no steeper than 20h:1v (5%) toward properly designed drainage channels in natural ground along the periphery of the fill. Surface runoff from the top surface of the fill shall not be allowed to flow over the outslope of the fill.(g) Surface runoff from the outslope of the fill shall be diverted off the fill to properly designed channels which will safely pass a 100-year, 24-hour precipitation event. Diversion design shall comply with the requirements of §12.511(6) of this title (relating to Hydrologic Balance: Diversions).(h) Terraces shall be constructed on the outslope if required for control of erosion or for roads included in the approved postmining land-use plan. Terraces shall meet the following requirements: (1) the slope of the outslope between terrace benches shall not exceed 2h:1v (50%);(2) to control surface runoff, each terrace bench shall be graded to a slope of 20h:1v (5%) toward the embankment. Runoff shall be collected by a ditch along the intersection of each terrace bench and the outslope; and(3) terrace ditches shall have a 5% slope toward the channels specified in subsection (g) of this section, unless steeper slopes are necessary in conjunction with approved roads.", "sourceNote": "Source Note: The provisions of this §12.534 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202445", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.535", "label": "Coal Mine Waste Banks: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202446", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All coal mine waste shall be hauled or conveyed and placed in new and existing disposal areas approved by the Commission for this purpose. These areas shall be within a permit area. The disposal area shall be designed, constructed and maintained:(1) in accordance with §12.531 and §12.532 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: General Requirements, and to Disposal of Underground Development Waste and Excess Spoil: Valley Fills), this section, and §§12.536-12.541 of this title (relating to Coal Mine Waste Banks: Site Inspection, to Coal Mine Waste Banks: Water-Control Measures, to Coal Mine Waste Banks: Construction Requirements, to Coal Mine Waste: Burning, to Coal Mine Waste: Burned-Waste Utilization, and to Coal Mine Waste: Return to Underground Workings); and(2) to prevent combustion.(b) Coal mine waste materials from activities located outside a permit area, such as those activities at other mines or abandoned mine-waste piles, may be disposed of in the permit area only if approved by the Commission. Approval shall be based on a showing by the person who conducts underground mining activities in the permit area, using hydrologic, geologic, geotechnical, physical, and chemical analyses, that disposal of these materials does not:(1) adversely affect water quality, water flow, or vegetation;(2) create public health hazards; or(3) cause instability in the disposal areas.(c) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the Commission. A qualified professional engineer experienced in the design of similar earth and waste structures shall certify the design of the disposal facility.", "sourceNote": "Source Note: The provisions of this §12.535 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202446", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.536", "label": "Coal Mine Waste Banks: Site Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8083", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All coal mine waste banks shall be inspected, on behalf of the person conducting underground mining activities, by a qualified professional engineer or other person approved by the Commission.(1) Inspections shall occur at least quarterly, beginning within seven days after preparation of the disposal area begins. The Commission may require more frequent inspections based upon an evaluation of the potential danger to the health or safety of the public and the potential harm to land, air and water resources. Inspections may terminate when the coal mine waste bank has been graded, covered in accordance with §12.538 of this title (relating to Coal Mine Waste Banks: Construction Requirements), topsoil has been distributed on the bank in accordance with §12.507 of this title (relating to Topsoil: Redistribution), or at such a later time as the Commission may require.(2) Inspections shall include such observations and tests as may be necessary to evaluate the potential hazard to human life and property, ensure that all organic material and topsoil have been removed and that proper construction and maintenance are occurring in accordance with the plan submitted under §§12.190-12.193 of this title (relating to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments, to Protection of Public Parks and Historic Places, to Relocation or Use of Public Roads, and to Underground Development Waste/Return of Coal Processing Waste to Abandoned Underground Workings) and approved by the Commission.(3) The engineer or other approved inspector shall consider steepness of slopes, seepage, and other visible factors which could indicate potential failure, and the results of failure with respect to the threat to human life and property.(4) Copies of the inspection findings shall be maintained at the mine site.(b) If any inspection discloses that a potential hazard exists, the Commission shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Commission shall be notified immediately. The Commission shall then notify the appropriate emergency agencies that other emergency procedures are required to protect the public from the coal mine waste area.", "sourceNote": "Source Note: The provisions of this §12.536 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8083", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.537", "label": "Coal Mine Waste Banks: Water-control Measures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8084", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A properly designed subdrainage system shall be provided, which shall:(1) intercept all ground-water sources;(2) be protected by an adequate filter; and(3) be covered so as to protect against the entrance of surface water or leachate from the coal mine waste.(b) All surface drainage from the area above the coal mine waste bank and from the crest and face of the waste disposal area shall be diverted in accordance with §12.532(e) of this title (relating to Disposal of Underground Development Waste and Excess Spoil: Valley Fills).(c) Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion ditches that are not riprapped, shall be vegetated upon completion of construction.(d) Discharges of all water from a coal mine waste bank shall comply with §§12.509, 12.510, 12.513, 12.514, 12.519, and 12.522 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Sediment Control Measures, to Hydrologic Balance: Siltation Structures, to Hydrologic Balance: Surface and Ground-Water Monitoring, and to Hydrologic Balance: Discharge of Water Into an Underground Mine).", "sourceNote": "Source Note: The provisions of this §12.537 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8084", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.538", "label": "Coal Mine Waste Banks: Construction Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27846", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Coal mine waste banks shall be constructed in compliance with §12.531 and §12.532 of this title (relating to Disposal of Underground Development Waste and Excess Spoil: General Requirements, and to Disposal of Underground Development Waste and Excess Spoil: Valley Fills), except to the extent the requirements of those sections are specifically varied in this section.(b) Coal mine waste banks shall have a minimum static factor of safety of 1.5.(c) Compaction requirements during construction or modification of all coal mine waste banks shall meet the requirements of this subsection, instead of those specified in §12.532(d) of this title (relating to Disposal of Underground Development Waste and Excess Spoil: Valley Fills). The coal mine waste shall be:(1) spread in layers no more than 24 inches in thickness; and(2) compacted to attain 90% of the maximum dry density in order to prevent spontaneous combustion and to provide the strength required for stability of the coal processing waste bank. Dry densities shall be determined in accordance with the American Association of State Highway and Transportation Officials (AASHTO) Specification T99-74 (Twelfth Edition) (July, 1978) or an equivalent method. AASHTO T99-74 is on file and available for inspection at the Commission office, 1701 N. Congress Avenue, Austin, Texas.(d) Following grading of the coal mine waste bank, the site shall be covered with a minimum of 4 feet of the best available non-toxic and non-combustible material, in accordance with §12.505(e) of this title (relating to Topsoil: Removal), and in a manner that does not impede flow from subdrainage systems. The coal mine waste bank shall be revegetated in accordance with §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success). The Commission may allow less than 4 feet of cover material based on physical and chemical analyses which show that the requirements of §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success) will be met.", "sourceNote": "Source Note: The provisions of this §12.538 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27846", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.539", "label": "Coal Mine Waste: Burning" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202447", "queryAsDate": "03/11/2026" }, "ruleBody": "Coal mine waste fires shall be extinguished by the person who conducts the underground mining activities in accordance with a plan approved by the Commission and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedure to be used, shall be involved in the extinguishing operations.", "sourceNote": "Source Note: The provisions of this §12.539 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202447", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.540", "label": "Coal Mine Waste: Burned-Waste Utilization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8073", "queryAsDate": "03/11/2026" }, "ruleBody": "Before any burned coal mine waste or other materials or refuse is removed from a disposal area, approval shall be obtained from the Commission. A plan for the method of removal, with maps and appropriate drawings to illustrate the proposed sequence of the operation and methods of compliance with §§12.500 - 12.539, this section, and §§12.541 - 12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities), shall be submitted to the Commission. Consideration shall be given in the plan to potential hazards, which may be created by removal, to persons working or living in the vicinity of the structure. The plan shall be certified by a qualified professional engineer.", "sourceNote": "Source Note: The provisions of this §12.540 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8073", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.541", "label": "Coal Mine Waste: Return to Underground Workings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8085&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8085", "queryAsDate": "03/11/2026" }, "ruleBody": "Coal mine waste may be returned to underground mine workings only in accordance with the waste disposal program approved by the Commission and MSHA under §12.193 of this title (relating to Underground Development Waste/Return of Coal Processing Waste to Abandoned Underground Workings).", "sourceNote": "Source Note: The provisions of this §12.541 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8085&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8085", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.542", "label": "Disposal of Noncoal Wastes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202448", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Noncoal wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, timber and other combustibles generated during underground mining activities, shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.(b) Final disposal of noncoal wastes shall be in a designated disposal site in the permit area. Disposal sites shall be designed and constructed with appropriate water barriers on the bottom and sides of the designated site. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When disposal is completed, a minimum of 2 feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success). Operation of the disposal site shall be conducted in accordance with all local, state, and federal requirements.(c) At no time shall any solid waste material be deposited at refuse embankments or impoundment sites, nor shall any solid waste disposal excavation be placed within 8 feet of any coal outcrop or coal storage area.", "sourceNote": "Source Note: The provisions of this §12.542 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202448", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.543", "label": "Coal Mine Waste: Dams and Embankments: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8087", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section, and §12.544 and §12.545 of this title (relating to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design and Construction) apply to dams and embankments constructed of coal mine waste or intended to impound coal mine waste, whether they were completed before adoption of the Commission regulatory program or are intended to be completed thereafter.(b) Waste shall not be used in the construction of dams and embankments unless it has been demonstrated to the Commission that the stability of such a structure conforms with the requirements of §§12.500-12.542, this section, and §§12.544-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities). It shall also be demonstrated that the use of coal mine waste material shall not have a detrimental effect on downstream water quality or the environment due to acid seepage through the dam or embankment. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the Commission in accordance with this chapter (relating to Coal Mining Regulations). All demonstrations shall be submitted to and approved by the Commission.(c) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with this chapter (relating to Coal Mining Regulations). Such structures may not be retained permanently as part of the approved postmining land use.(d) If an impounding structure constructed of coal mine waste or intended to impound coal mine waste meets the criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a), the combination of principal and auxiliary spillways shall be able to safely pass the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the Commission.", "sourceNote": "Source Note: The provisions of this §12.543 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8087", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.544", "label": "Coal Mine Waste: Dams and Embankments: Site Preparation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8088", "queryAsDate": "03/11/2026" }, "ruleBody": "Before coal mine waste is placed at a dam or embankment site:(1) all trees, shrubs, grasses, and other organic material shall be cleared and grubbed from the site, and all combustibles shall be removed and stockpiled in accordance with the requirements of §§12.500-12.543, this section, and §§12.545-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities); and(2) surface drainage that may cause erosion to the embankment area or the embankment features, whether during construction or after completion, shall be diverted away from the embankment by diversion ditches that comply with the requirements of §12.511 of this title (relating to Hydrologic Balance: Diversions). Adequate outlets for discharge from these diversions shall be in accordance with §12.515 of this title (relating to Hydrologic Balance: Discharge Structures). Diversions that are designed to divert drainage from the upstream area away from the impoundment area shall be designed to carry the peak runoff from a 100-year, 24-hour precipitation event. The diversion shall be maintained to prevent blockage, and the discharges shall be in accordance with §12.515 of this title (relating to Hydrologic Balance: Discharge Structures). Sediment-control measures shall be provided at the discharge of each diversion ditch before entry into natural watercourses in accordance with §§12.509-12.511, 12.513, and 12.514 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Sediment Control Measures, and to Hydrologic Balance:Siltation Structures).", "sourceNote": "Source Note: The provisions of this §12.544 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8088", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.545", "label": "Coal Mine Waste: Dams and Embankments: Design and Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "32108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The design of each dam and embankment constructed of coal mine waste or intended to impound such waste shall comply with the requirements of §12.517(a) and (c) of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments), modified as follows:(1) the design freeboard between the lowest point on the embankment crest and the maximum water elevation shall be at least 3 feet. The maximum water elevation shall be that determined by the freeboard hydrograph criteria contained in the U.S. Natural Resources Conservation Service criteria referenced in §12.517 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments);(2) the dam and embankment shall have a minimum safety factor of 1.5 for the partial pool with steady seepage saturation conditions, and the seismic safety factor shall be at least 1.2; and(3) the dam or embankment foundation and abutments shall be designed to be stable under all conditions of construction and operation of the impoundment. Sufficient foundation investigations and laboratory testing shall be performed to determine the safety factors of the dam or embankment for all loading conditions appearing in paragraph (2) of this subsection or the publications referred to in §12.517 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments), and for all increments of construction.(b) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.(c) For an impounding structure constructed of or impounding coal mine waste, at least 90% of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event.", "sourceNote": "Source Note: The provisions of this §12.545 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "32108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.547", "label": "Protection of Fish, Wildlife, and Related Environmental Values" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "379", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person conducting underground mining activities shall, to the extent possible using the best technology currently available, minimize the disturbances and adverse impacts of the activities on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable.(b) No underground mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The operator shall promptly report to the Commission the presence in the permit area of any critical habitat of a threatened or endangered species listed by the Secretary, any plant or animal listed as threatened or endangered under state or federal law, or any bald or golden eagle, of which the operator becomes aware and which was not previously reported to the Commission by that person. Upon notification, the Commission shall consult with appropriate state and federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.(c) No underground mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The operator shall promptly report to the Commission any golden or bald eagle nest discovered within the permit area during the months of October, November, and December. The operator shall make a survey to determine the range and habitat and whether other nesting sites are present. Upon notification, the Commission shall consult with the U.S. Fish and Wildlife Service and, where appropriate, with the state fish and wildlife agency. After consultation, the Commission shall determine whether, and under what conditions, the operator may proceed.(d) A person who conducts underground mining activities shall ensure that the design and construction of electric power lines and other transmission facilities used for or incidental to the underground mining activities in the permit area shall be designed and constructed in accordance with the guidelines set forth in Environmental Criteria for Electric Transmission Systems (USDI, USDA (1970)), or in alternative guidance manuals approved by the Commission. Distribution lines shall be designed and constructed in accordance with REA Bulletin 61-10, Powerline Contacts by Eagles and Other Large Birds, or in alternative guidance manuals approved by the Commission. For informational purposes, these two documents are available at the Commission office, 1701 North Congress Avenue, Austin, Texas.(e) Each person who conducts underground mining activities shall to the extent possible using the best technology currently available:(1) locate and operate haul and access roads so as to avoid or minimize impacts to important fish and wildlife species or other species protected by state or federal law;(2) fence roadways where specified by the Commission to guide locally important wildlife to roadway underpasses or overpasses and construct the necessary passages. No new barrier shall be located in known and important wildlife migration routes;(3) fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials;(4) restore, enhance where practicable, or avoid disturbances to habitats of unusually high value for fish and wildlife;(5) restore, enhance where practicable, or maintain natural riparian vegetation on the banks of streams, lakes, and other wetland areas;(6) afford protection to aquatic communities by avoiding stream channels as required in §12.524 and §12.565 of this title (relating to Hydrologic Balance: Stream Buffer Zones, and to Subsidence Control: Buffer Zones) or restoring stream channels as required in §12.511 of this title (relating to Hydrologic Balance: Diversions);(7) not use persistent pesticides on the area during underground mining and reclamation activities unless approved by the Commission;(8) to the extent possible prevent, control, and suppress range forest and coal fires which are not approved by the Commission as part of a management plan;(9) if fish and wildlife habitat is to be a primary or secondary post-mining land use, the operator shall, in addition to the requirements of §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success):(A) select plant species to be used on reclaimed areas, based on the following criteria:(i) their proven nutritional value for fish and wildlife;(ii) their uses as cover for fish and wildlife; and(iii) their ability to support and enhance fish and wildlife habitat after release of ponds; and(B) distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits for fish and wildlife;(10) where cropland is to be the postmining land use and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals; and(11) where the primary land use is to be residential, public service, or industrial land use, intersperse reclaimed lands with greenbelts, utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals.", "sourceNote": "Source Note: The provisions of this §12.547 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "379", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.548", "label": "Slides And Other Damage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202449", "queryAsDate": "03/11/2026" }, "ruleBody": "At any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the underground mining activities shall notify the Commission by the fastest available means and comply with any remedial measures required by the Commission.", "sourceNote": "Source Note: The provisions of this §12.548 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202449", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.549", "label": "Pipelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "380", "queryAsDate": "03/11/2026" }, "ruleBody": "With respect to pipelines transmitting crude oil, liquid petroleum, natural gas, toxic or flammable substances:(1) identify and describe pipelines located in the permit area, and within 100 feet thereof, in the application for a surface mining permit;(2) visibly mark the location of pipelines at 200 foot intervals throughout the permit area;(3) ensure a minimum of six feet of compacted material between the pipeline and any haul road or access road within the permit area which crosses over it;(4) not create a cut within 100 feet or one times the depth of the cut (whichever is greater) of any pipeline;(5) conduct blasting operations in accordance with state and federal laws; but, in no case shall blasting be conducted within 500 feet of a pipeline;(6) comply with Railroad Commission of Texas Pipeline Safety Rules (16 Texas Administrative Code, Chapter 8) and 49 CFR 191, 192, and 199; and(7) at the discretion of the Commission, variances to paragraphs (2)-(5) of this section may be granted by the Commission. Variances to paragraphs (3)-(5) of this section will be granted if, in the opinion of the Commission, the structural integrity of the pipeline will be maintained and if agreed to by the owner of the pipeline.", "sourceNote": "Source Note: The provisions of this §12.549 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "380", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.550", "label": "Contemporaneous Reclamation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8089", "queryAsDate": "03/11/2026" }, "ruleBody": "Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation, of all areas affected by surface operations shall occur as contemporaneously as practicable with mining operations.", "sourceNote": "Source Note: The provisions of this §12.550 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8089", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.551", "label": "Backfilling and Grading: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87141", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Timing. Surface areas disturbed incident to underground mining activities shall be backfilled and graded in accordance with the time schedule approved by the Commission as a condition of the permit.(b) Backfilling and grading.(1) All areas affected by surface operations shall be returned to approximate original contour. All spoil shall be transported, backfilled, and compacted (where advisable to ensure stability or to prevent leaching) and graded to eliminate all highwalls, spoil piles, and depressions.(2) Backfilled material shall be placed to minimize erosion, to minimize water pollution both on and off the site, and to support the approved postmining land use.(3) The postmining graded slopes need not be uniform.(4) Cut-and-fill terraces may be used only in those situations expressly identified in §12.552(b) of this title (relating to Backfilling and Grading: General Grading Requirements).", "sourceNote": "Source Note: The provisions of this §12.551 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87141", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.552", "label": "Backfilling and Grading: General Grading Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8095", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The final graded slopes shall not exceed in grade either the approximate premining slopes, or any lesser slopes approved by the Commission based on consideration of soil, climate, or other characteristics of the surrounding area. Postmining final graded slopes need not be uniform but shall approximate the general nature of the premining topography. The person who conducts underground mining activities shall, at a minimum:(1) retain all overburden and spoil on the solid portion of existing or new benches; and(2) backfill and grade to the most moderate slope possible, to eliminate the highwall which does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum static safety factor of 1.3. In all cases the highwall shall be eliminated.(b) On approval by the Commission and in order to conserve soil moisture, ensure stability, and control erosion on final graded slopes, cut-and-fill terraces may be allowed, if the terraces are compatible with the approved postmining land use and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:(1) the width of the individual terrace bench shall not exceed 20 feet unless specifically approved by the Commission as necessary for stability, erosion control, or roads included in the approved postmining land-use plan;(2) the vertical distance between terraces shall be as specified by the Commission, to prevent excessive erosion and to provide long-term stability;(3) the slope of the terrace outslope shall not exceed 2h:1v (50%). In no case may highwalls be left as part of terraces; and(4) culverts and underground rock drains shall be used on the terrace only when approved by the Commission.(c) Small depressions may be constructed if they:(1) are approved by the Commission to minimize erosion, conserve soil moisture or promote vegetation;(2) do not restrict normal access; and(3) are not inappropriate substitutes for lower grades on the reclaimed lands.(d) All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour is hazardous to equipment operators, then grading, preparation or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.(e) Backfilling and grading of previously mined areas shall be subject to the following requirements:(1) remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of §12.551 of this title (relating to Backfilling and Grading: General Requirements), this section, and §12.553 of this title (relating to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials), except as provided in this subsection; and(2) the requirements of §12.551(b)(1) requiring the elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the Commission to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:(A) all spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area;(B) the backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability;(C) any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the Commission, that the highwall remnant is stable; and(D) spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.", "sourceNote": "Source Note: The provisions of this §12.552 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective June 12, 2001, 26 TexReg 4090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8095", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.553", "label": "Backfilling and Grading: Covering Coal and Acid- and Toxic-forming Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "66336", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Cover.(1) A person who conducts underground mining activities shall cover, with a minimum of 4 feet of the best available non-toxic and non-combustible material, all exposed coal seams remaining after mining and all acid-forming materials, toxic-forming materials, combustible materials, or any other materials identified by the Commission as exposed, used, or produced during mining.(2) If necessary, these materials shall be treated to neutralize toxicity, in order to prevent water pollution and sustained combustion and minimize adverse effects on plant growth and land uses.(3) Where necessary to protect against upward migration of salts, exposure by erosion, to provide an adequate depth for plant growth, or to otherwise meet local conditions, the Commission shall specify thicker amounts of cover using non-toxic material.(4) Acid-forming or toxic-forming material shall not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.(b) Stabilization. Backfilled material shall be selectively hauled or conveyed and compacted, wherever necessary to prevent leaching of acid-forming and toxic-forming materials into surface or ground waters and wherever necessary to ensure the stability of backfilled materials. The method and design specifications of compacting material shall be approved by the Commission before acid-forming and toxic-forming materials are covered.", "sourceNote": "Source Note: The provisions of this §12.553 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=66336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "66336", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.554", "label": "Stabilization of Surface Areas for Underground Mining" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8096", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.(b) Rills and gullies which form in areas that have been regraded and topsoiled and which either disrupt the approved postmining land use or the reestablishment of the vegetative cover or cause or contribute to a violation of water-quality standards for receiving streams shall be filled, regraded, or otherwise stabilized. Topsoil shall be replaced and the areas shall be reseeded or replanted.", "sourceNote": "Source Note: The provisions of this §12.554 adopted to be effective September 14, 1999, 24 TexReg 7223." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8096", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.555", "label": "Revegetation: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26316", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The permittee shall establish on regraded areas and on all other disturbed areas except water areas and surface areas of roads that are approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:(1) diverse, effective, and permanent;(2) comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the Commission;(3) at least equal in extent of cover to the natural vegetation of the area; and(4) capable of stabilizing the soil surface from erosion.(b) The reestablished plant species shall:(1) be compatible with the approved postmining land use;(2) have the same seasonal characteristics of growth as the original vegetation;(3) be capable of self-regeneration and plant succession;(4) be compatible with the plant and animal species of the area; and(5) meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.(c) The Commission may grant exception to the requirements of subsections (b)(2) and (b)(3) of this section when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.(d) When the Commission approves a cropland postmining land use, the Commission may grant exceptions to the requirements of subsections (a)(1), (a)(3), (b)(2), and (b)(3) of this section. The requirements of §§12.620-12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland) apply to areas identified as prime farmland.", "sourceNote": "Source Note: The provisions of this §12.555 adopted to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26316", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.556", "label": "Revegetation: Use of Introduced Species" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8091", "queryAsDate": "03/11/2026" }, "ruleBody": "Introduced species may be used if approved by the Commission under the following conditions:(1) after appropriate field trials have demonstrated that the introduced species can establish a diverse, effective, and permanent cover capable of achieving the approved postmining land use;(2) the species are necessary to achieve a quick, temporary, and stabilizing cover that aids in controlling erosion; and measures to establish permanent vegetation are included in the approved plan;(3) the species are compatible with the plant and animal species of the region; and(4) the species meet the requirements of applicable state and federal seed or introduced species statutes, and are not poisonous or noxious.", "sourceNote": "Source Note: The provisions of this §12.556 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8091", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.557", "label": "Revegetation: Timing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8097", "queryAsDate": "03/11/2026" }, "ruleBody": "Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed area shall be seeded, as contemporaneously as practicable, with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.", "sourceNote": "Source Note: The provisions of this §12.557 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8097", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.558", "label": "Revegetation: Mulching and Other Soil Stabilizing Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8092", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Suitable mulch or other soil stabilizing practices shall be used on all regraded and topsoiled areas to control erosion, to promote germination of seeds, or to increase the moisture retention of the soil. The Commission may, on a case-by-case basis, suspend the requirement for mulch if the permittee can demonstrate that alternative procedures will achieve the requirements of §12.560 of this title (relating to Revegetation: Standards for Success) and do not cause or contribute to air or water pollution.(b) Mulches shall be mechanically or chemically anchored to the soil surface to assure effective protection of the soil and vegetation when required by the Commission.(c) Annual grasses and grains may be used alone, as in situ mulch, or in conjunction with another mulch, when the Commission determines they will provide adequate soil erosion control and will later be replaced by perennial species approved for the postmining land use.(d) Chemical soil stabilizers alone or in combination with appropriate mulches may be used in conjunction with vegetative covers approved for the postmining land use.", "sourceNote": "Source Note: The provisions of this §12.558 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8092", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.559", "label": "Revegetation: Grazing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165993", "queryAsDate": "03/11/2026" }, "ruleBody": "When the approved postmining land use is range or pasture land, the reclaimed land shall be used for livestock grazing at a grazing capacity approved by the Commission approximately equal to that for similar non-mined lands, for at least the last two full years of liability required under §12.560(b) of this title (relating to Revegetation: Standards for Success).", "sourceNote": "Source Note: The provisions of this §12.559 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165993", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.560", "label": "Revegetation: Standards for Success" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8098", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Comparison to an established standard. Success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the general requirements of §12.555 and §12.556 of this title (relating to Revegetation: General Requirements; and Revegetation: Use of Introduced Species).(1) Standards for success and statistically valid sampling techniques for measuring success shall be selected by the Commission.(2) Standards for success shall include criteria representative of unmined lands in the area being reclaimed to evaluate the appropriate vegetation parameters of ground cover, production, or stocking. Ground cover, production, or stocking shall be considered equal to the approved success standard when they are not less than 90% of the success standard. The sampling techniques for measuring success shall use a 90% statistical confidence interval (i.e., one-sided test with a 0.10 alpha error).(b) Ground cover and productivity standards. Standards for success shall be applied in accordance with the approved postmining land use and, at a minimum, the following conditions:(1) for areas developed for use as grazingland or pastureland, the ground cover and production of living plants on the revegetated area shall be at least equal to that of a reference area or such other success standards approved by the Commission;(2) for areas developed for use as cropland, crop production on the revegetated area shall be at least equal to that of a reference area or such other success standards approved by the Commission;(3) for areas to be developed for fish and wildlife habitat, recreation, shelter belts, or forest products, success of vegetation shall be determined on the basis of tree and shrub stocking and vegetative ground cover. Such parameters are described as follows:(A) minimum stocking and planting arrangements shall be specified by the Commission on the basis of local and regional conditions and after consultation with and approval by the state agencies responsible for the administration of forestry and wildlife programs;(B) trees and shrubs that will be used in determining the success of stocking and the adequacy of the plant arrangement shall have utility for the approved postmining land use. Trees and shrubs counted in determining such success shall be healthy and have been in place for not less than two growing seasons. At the time of bond release, at least 80% of the trees and shrubs used to determine such success shall have been in place for 60% of the applicable minimum period of responsibility; and(C) vegetative ground cover shall not be less than that required to achieve the approved postmining land use;(4) for areas to be developed for industrial/commercial or residential land use less than two years after regrading is completed, the vegetative ground cover shall not be less than that required to control erosion; and(5) for areas previously disturbed by mining that were not reclaimed to the requirements of this subchapter and that are remined or otherwise redisturbed by surface coal mining operations, as a minimum, the vegetative ground cover shall be not less than the ground cover existing before redisturbance and shall be adequate to control erosion.(c) Maintenance and data collection.(1) The period of extended responsibility for successful revegetation shall begin after the last year of augmented seeding, fertilizing, irrigation, or other work, excluding husbandry practices that are approved by the Commission in accordance with paragraph (4) of this subsection.(2) In areas of more than 26.0 inches of annual average precipitation, the period of responsibility shall continue for a period of not less than:(A) five full years, except as provided in subparagraph (B) of this paragraph. The vegetation parameters identified in subsection (b) of this section for grazingland, pastureland, or cropland shall equal or exceed the approved success standard during the growing season of any 2 years of the responsibility period, except the first year. Areas approved for the other uses identified in subsection (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period; or(B) two full years for lands eligible for remining included in a permit for which a finding has been made under §12.216(16) of this title (relating to Criteria for Permit Approval or Denial). To the extent that the success standards are established by subsection (b)(5) of this section, the lands must equal or exceed the standards during the growing season of the last year of the responsibility period.(3) In areas of 26.0 inches or less average annual precipitation, the period of responsibility shall continue for a period of not less than:(A) ten full years, except as provided in subparagraph (B) of this paragraph. The vegetation parameters identified in subsection (b) of this section for grazingland, pastureland, or cropland shall equal or exceed the approved success standard during the growing season of any two years after year six of the responsibility period. Areas approved for the other uses identified in subsection (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period; or(B) five full years for lands eligible for remining included in a permit for which a finding has been made under §12.216(16) of this title. To the extent that the success standards are established by subsection (b)(5) of this section, the lands must equal or exceed the standards during the growing seasons of the last two consecutive years of the responsibility period.(4) The Commission may approve selective husbandry practices, excluding augmented seeding, fertilization, or irrigation, provided it obtains prior approval from the Director in accordance with 30 CFR 732.17 that the practices are normal husbandry practices, without extending the period of responsibility for revegetation success and bond liability if such practices can be expected to continue as part of the postmining land use or if the discontinuance of the practices will not reduce the probability of permanent revegetation success. Approved practices shall be normal husbandry practices within the region for unmined land uses similar to the approved postmining land use of the disturbed area, including such practices as disease, pest, and vermin control; and any pruning, reseeding, and transplanting, specifically necessary by such actions.", "sourceNote": "Source Note: The provisions of this §12.560 adopted to be effective November 4, 1997, 22 TexReg 10640; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8098", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.562", "label": "Subsidence Control: General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8075", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Underground mining activities shall be planned and conducted so as to prevent subsidence from causing material damage to the surface, to the extent technologically and economically feasible, and so as to maintain the value and reasonably foreseeable use of surface lands. This may be accomplished by leaving adequate coal in place, backfilling, or other measures to support the surface, or by conducting underground mining in a manner that provides for planned and controlled subsidence. Nothing in this chapter (relating to Coal Mining Regulations) shall be construed to prohibit the standard method of room and pillar mining.(b) The person engaged in underground mining activities shall comply with all provisions of the subsidence-control plan prepared pursuant to §12.194 of this title (relating to Subsidence Control Plan) and approved by the Commission.(c) Within a schedule approved by the Commission, the operator shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including the size, configuration, and approximate location of pillars and entries, extraction ratios, measures taken to prevent or minimize subsidence and related damage, areas of full extraction, and other information required by the Commission. Upon request of the operator, information submitted with the detailed plan may be held as confidential, in accordance with the requirements of this chapter (relating to Coal Mining Regulations).", "sourceNote": "Source Note: The provisions of this §12.562 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8075", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.563", "label": "Subsidence Control: Public Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8100", "queryAsDate": "03/11/2026" }, "ruleBody": "The mining schedule shall be distributed by mail to all owners of property and residents within the area above the underground workings and adjacent areas. Each such person shall be notified by mail at least six months prior to mining beneath his or her property or residence. The notification shall contain, as a minimum:(1) identification of specific areas in which mining will take place;(2) dates of mining activities that could cause subsidence and affect specific structures; and(3) measures to be taken to prevent or control adverse surface effects.", "sourceNote": "Source Note: The provisions of this §12.563 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8100", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.564", "label": "Subsidence Control: Surface-Owner Protection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each person who conducts underground mining activities shall adopt all measures approved by the Commission under §12.194 of this title (relating to Subsidence Control Plan) to reduce the likelihood of subsidence, to prevent subsidence-causing material damage or reducing the value or reasonably foreseeable use of surface lands, and to mitigate the effects of any such damage or reduction which may occur.(b) Each person who conducts underground mining which results in subsidence that causes material damage or reduces the value or reasonably foreseeable use of the surface lands shall, with respect to each surface area affected by subsidence:(1) restore, rehabilitate, or remove and replace each damaged structure, feature or value promptly after the damage is suffered, to the condition it would be in if no subsidence had occurred, and restore the land to a condition capable of supporting reasonably foreseeable uses it was capable of supporting before subsidence; or(2) purchase the damaged structure or feature for its fair market, pre-subsidence value, and shall promptly, after subsidence occurs, to the extent technologically and economically feasible, restore the land surface to a condition capable of and appropriate for supporting the purchased structure and other foreseeable uses it was capable of supporting before mining. Nothing in this paragraph shall be deemed to grant or authorize an exercise of the power of condemnation or the right of eminent domain by any person engaged in underground mining activities; or(c) Each person who conducts underground mining activities will compensate the owner of any surface structure in the full amount of the diminution in value resulting from subsidence, by purchase prior to mining of a noncancellable, premium-prepaid insurance policy, or other means approved by the Commission as assuring before mining begins that payment will occur; indemnify every person with an interest in the surface for all damages suffered as a result of the subsidence; and, to the extent technologically and economically feasible, fully restore the land to a condition capable of maintaining reasonably foreseeable uses which it could support before subsidence.", "sourceNote": "Source Note: The provisions of this §12.564 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8101", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.565", "label": "Subsidence Control: Buffer Zones" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8102", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Underground mining activities shall not be conducted beneath or adjacent to any perennial stream, or impoundment having a storage volume of 20 acre-feet or more, unless the Commission, on the basis of detailed subsurface information, determines that subsidence will not cause material damage to streams, water bodies and associated structures. If subsidence causes material damage, then measures will be taken to the extent technologically and economically feasible to correct the damage and to prevent additional subsidence from occurring.(b) Underground mining activities beneath any aquifer that serves as a significant source of water supply to any public water system shall be conducted so as to avoid disruption of the aquifer and consequent exchange of ground water between the aquifer and other strata. The Commission may prohibit mining in the vicinity of the aquifer or may limit the percentage of coal extraction to protect the aquifer and water supply.(c) Underground mining activities shall not be conducted beneath or in close proximity to any public buildings including, but not limited to, churches, schools, hospitals, courthouses and government offices, unless the Commission, on the basis of detailed subsurface information, determines that subsidence from those activities will not cause material damage to these structures, and specifically authorizes the mining activities.(d) The Commission shall suspend underground coal mining under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments or permanent streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.(e) If subsidence causes material damage to any of the features or facilities covered by this section, the Commission may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of further material damage to such features or facilities.", "sourceNote": "Source Note: The provisions of this §12.565 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8102", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.566", "label": "Cessation of Operations: Temporary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202450", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each person who conducts underground mining activities shall effectively support and maintain all surface-access openings to underground operations, and secure surface facilities in areas in which there are no current operations but operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of his or her obligation to comply with any provisions of the approved permit.(b) Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, each person who conducts underground mining activities shall submit to the Commission a notice of intention to cease or abandon operations. This notice shall include a statement of the exact number of surface acres and the horizontal and vertical extent of subsurface strata which have been in the permit area prior to cessation or abandonment, the extent and kind of reclamation of surface area which will have been accomplished, and identification of the backfilling, regrading, revegetation, environmental monitoring, underground-opening closures and water treatment activities that will continue during the temporary cessation.", "sourceNote": "Source Note: The provisions of this §12.566 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202450", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.567", "label": "Cessation of Operations: Permanent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202451", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The person who conducts underground mining activities shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter (relating to Coal Mining Regulations) and according to the permit approved by the Commission.(b) All surface equipment, structures, or other facilities not required for continued underground mining activities and monitoring, unless approved as suitable for the postmining land use or environmental monitoring, shall be removed and the affected lands reclaimed.(c) Persons who conduct underground mining activities shall submit to the Commission a written notice of intent to permanently cease and abandon mining operations as soon as the intent is finalized.", "sourceNote": "Source Note: The provisions of this §12.567 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202451", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.568", "label": "Postmining Land Use" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "384", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. Surface land areas affected by mining activities shall be restored in a timely manner:(1) to conditions that are capable of supporting the uses which they were capable of supporting before any mining; or(2) to higher or better uses achievable under criteria and procedures of this section.(b) Determining premining use of land. The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land had not been previously mined and had been properly managed.(1) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the highest and best use that can be achieved and is compatible with surrounding areas.(2) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.(3) If the premining use of the land was changed within 5 years of the beginning of mining, the comparison of postmining use to premining use shall include a comparison with the historic use of the land as well as its use immediately preceding mining.(c) Prior to the release of lands from the permit area in accordance with §12.313 of this title (relating to Criteria and Schedule for Release of Performance Bond), the permit area shall be restored in a timely manner, either to conditions capable of supporting the uses they were capable of supporting before any mining or to conditions capable of supporting approved alternative land uses. Alternative land uses may be approved by the Commission after consultation with the landowner or the land management agency having jurisdiction over the lands, if the following criteria are met:(1) the proposed postmining land use is compatible with adjacent land use and, where applicable, with existing local, state, or federal land-use policies and plans; a written statement of the views of the authorities with statutory responsibilities for land-use policies and plans shall have been submitted to the Commission within 60 days of notice by the Commission before underground mining activities begin. Any required approval of local, state, or federal land-management agencies, including any necessary zoning or other changes required for the land use, shall have been obtained and shall remain valid throughout the underground mining activities;(2) specific plans shall be prepared and submitted to the Commission which show the feasibility of the postmining land use as related to projected land-use trends and markets, and that include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and be sustained. The Commission may require appropriate demonstrations to show that the planned procedures are feasible, reasonable, and integrated with mining and reclamation, and that the plans will result in successful reclamation;(3) provision of any necessary public facilities shall be ensured as evidenced by letters of commitment from parties other than the person who conducts underground mining activities, as appropriate, to provide them in a manner compatible with the plans submitted under §12.189 of this title (relating to Reclamation Plan: Postmining Land Uses). The letters shall be submitted to the Commission before underground mining activities begin;(4) specific and feasible plans are submitted to the Commission which show that financing and attainment and maintenance of the postmining land use are feasible and, if appropriate, are supported by letters of commitment from parties other than the person who conducts the underground mining activities;(5) plans for the postmining land use shall have been designed under the general supervision of a qualified professional engineer, or other appropriate professional, who will ensure that the plans conform to applicable accepted standards for adequate land stability, drainage, vegetative cover, and aesthetic design appropriate for the postmining use of the site;(6) the proposed use or uses will present neither actual nor probable hazard to public health or safety, nor will they pose any actual or probable threat of water flow-diminution or pollution;(7) the use or uses will not involve unreasonable delays in reclamation;(8) necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife, and related environmental values and threatened or endangered plants shall have been obtained from the Commission, and appropriate state and federal fish and wildlife management agencies have been provided a 60-day period in which to review the plan before underground mining activities begin; and(9) proposals to change premining land uses of range, fish and wildlife habitat, forestland, hayland, or pasture to a postmining cropland use, where the cropland would require continuous maintenance such as seeding, plowing, cultivation, fertilization, or other similar practices to be practicable or to comply with applicable federal, state, and local laws, have been reviewed by the Commission to ensure that:(A) there is a firm written commitment by the person who conducts underground mining activities or by the landowner or land manager to provide sufficient crop management after release of applicable performance bonds under Subchapter J of this Chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations) and §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success), to assure that the proposed postmining cropland use remains practical and reasonable;(B) there is sufficient water available and committed to maintain crop production; and(C) topsoil quality and depth are sufficient to support the proposed use.", "sourceNote": "Source Note: The provisions of this §12.568 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "384", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.569", "label": "Roads: General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202452", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Road classification system.(1) Each road, as defined in §12.3 of this title (relating to Definitions), shall be classified as either a primary road or an ancillary road.(2) A primary road is any road which is:(A) used for transporting coal or spoil;(B) frequently used for access or other purposes for a period in excess of six months; or(C) to be retained for an approved postmining land use.(3) An ancillary road is any road not classified as a primary road.(b) Performance standards. Each road shall be located, designed, constructed, reconstructed, used, maintained, and reclaimed so as to:(1) control or prevent erosion, siltation, and the air pollution attendant to erosion, including road dust and dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;(2) control or prevent damage to fish, wildlife, or other habitat and related environmental values;(3) control or prevent additional contributions of suspended solids to streamflow or runoff outside the permit area;(4) neither cause nor contribute to, directly or indirectly, the violation of state or federal water-quality standard applicable to receiving waters;(5) refrain from seriously altering the normal flow of water in streambeds or drainage channels;(6) prevent or control damage to public or private property, including the prevention or mitigation of adverse effects on lands within the boundaries of units of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including designated study rivers, and National Recreation Areas designated by Act of Congress; and(7) use nonacid- and nontoxic-forming substances in road surfacing.(c) Design and construction limits and establishment of design criteria. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size, in accordance with current, prudent engineering practices, and any necessary design criteria established by the Commission.(d) Location.(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the Commission in accordance with applicable §§12.509-12.511 and §§12.513-12.524 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Sediment Control Measures, to Hydrologic Balance: Siltation Structures, to Hydrologic Balance: Discharge Structures, to Hydrologic Balance: Acid-Forming and Toxic-Forming Materials, to Hydrologic Balance: Permanent and Temporary Impoundments, to Hydrologic Balance: Underground Mine Entry and Access Discharges, to Hydrologic Balance: Surface- and Ground-Water Monitoring, to Hydrologic Balance: Transfer of Wells, to Hydrologic Balance: Water Rights and Replacement, to Hydrologic Balance: Discharge of Water Into an Underground Mine, to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities, and to Hydrologic Balance: Stream Buffer Zones).(2) Roads shall be located to minimize downstream sedimentation and flooding.(e) Maintenance.(1) A road shall be maintained to meet the performance standards of §12.570 of this title (relating to Primary Roads) and this section, and any additional criteria specified by the Commission.(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the damage has occurred.(f) Reclamation. A road not to be retained under an approved postmining land use shall be reclaimed in accordance with the approved reclamation plan as soon as practicable after it is no longer needed for mining and reclamation operations. This reclamation shall include:(1) closing the road to traffic;(2) removing all bridges and culverts unless approved as part of the postmining land use;(3) removing or otherwise disposing of road-surfacing materials that are incompatible with the postmining land use and revegetation requirements;(4) reshaping cut and fill slopes as necessary to be compatible with the postmining land use and to complement the natural drainage pattern of the surrounding terrain;(5) protecting the natural drainage patterns by installing dikes or cross drains as necessary to control surface runoff and erosion; and(6) scarifying or ripping the roadbed, replacing topsoil or substitute material and revegetating disturbed surfaces in accordance with §§12.504-12.508 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil Amendments), and §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: Standards for Success).", "sourceNote": "Source Note: The provisions of this §12.569 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202452", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.570", "label": "Primary Roads" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "386", "queryAsDate": "03/11/2026" }, "ruleBody": "Primary roads shall meet the requirements of §12.569 of this title (relating to Roads: General) and the additional requirements of this section.(1) Certification. The construction or reconstruction of primary roads shall be certified in a report to the Commission by a qualified professional engineer with experience in the design and construction of roads. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.(2) Safety Factor. Each primary road embankment shall have a minimum static factor of 1.3.(3) Location.(A) To minimize erosion, a primary road shall be located, insofar as is practicable, on the most stable available surface.(B) Fords of perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the Commission as temporary routes during periods of road construction.(4) Drainage control. In accordance with the approved plan:(A) each primary road shall be constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to safely pass the peak runoff from a 10-year, 6-hour precipitation event, or greater event as specified by the Commission;(B) drainage pipes and culverts shall be installed as designed, and maintained in a free and operating condition and to prevent or control erosion at inlets and outlets;(C) drainage ditches shall be constructed and maintained to prevent uncontrolled drainage over the road surface and embankment;(D) culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road;(E) natural stream channels shall not be altered or relocated without the prior approval of the Commission in accordance with applicable §§12.509-12.511 and §§12.513-12.524 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Sediment Control Measures, to Hydrologic Balance: Siltation Structures, to Hydrologic Balance: Discharge Structures, to Hydrologic Balance: Acid-Forming and Toxic-Forming Materials, to Hydrologic Balance: Permanent and Temporary Impoundments, to Hydrologic Balance: Underground Mine Entry and Access Discharges, to Hydrologic Balance: Surface- and Ground-Water Monitoring, to Hydrologic Balance: Transfer of Wells, to Hydrologic Balance: Water Rights and Replacement, to Hydrologic Balance: Discharge of Water Into an Underground Mine, to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities, and to Hydrologic Balance: Stream Buffer Zones); and(F) except as provided in paragraph (3)(B) of this section, structures for perennial or intermittent stream channel crossings shall be made using bridges, culverts, low-water crossings, or other structures designed, constructed, and maintained using current, prudent engineering practices. The Commission shall ensure that low-water crossings are designed, constructed, and maintained to prevent erosion of the structure or stream bed and additional contributions of suspended solids to streamflow.(5) Surfacing. Primary roads shall be surfaced with material approved by the Commission as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.", "sourceNote": "Source Note: The provisions of this §12.570 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "386", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.571", "label": "Utility Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8104", "queryAsDate": "03/11/2026" }, "ruleBody": "All underground mining activities shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines, railroads; electric and telephone lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the Commission.", "sourceNote": "Source Note: The provisions of this §12.571 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.572", "label": "Support Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26986", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation plant to which it is incident or from which its operation results.(b) In addition to the other provisions of §§12.500-12.571 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities), support facilities shall be located, maintained, and used in a manner that:(1) prevents or controls erosion and siltation, water pollution, and damage to public or private property; and(2) to the extent possible using the best technology currently available:(A) minimizes damage to fish, wildlife, and related environmental values; and(B) minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of state or federal law.", "sourceNote": "Source Note: The provisions of this §12.572 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26986", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.600", "label": "Auger Mining: Additional Performance Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any auger mining associated with surface mining activities shall be conducted to maximize recoverability of mineral reserves remaining after the mining activities are completed. Each person who conducts auger mining operations shall leave access for removal of those reserves by future underground mining activities, unless the Commission determines that the coal reserves have been depleted or are limited in thickness or extent to the point that it will not be practicable to recover the remaining coal reserves. The Commission shall make such determination only upon presentation of appropriate technical evidence by the operator. Undisturbed areas of coal shall be left in unmined sections which:(1) are a minimum of 250 feet wide at any point between each group of auger openings to the full depth of the auger hole;(2) are no more than 2,500 feet apart, measured from the center of one section to the center of the next section, unless a greater distance is set forth in the permit application under §12.203 of this title (relating to Augering) and approved by the Commission; and(3) for multiple seam mining, shall have a width of at least 250 feet plus 50 feet for each subjacent workable coal seam. The centers of all unmined sections shall be aligned vertically.(b) No auger hole shall be made closer than 500 feet in horizontal distance to any abandoned or active underground mine workings, except as approved in accordance with §12.367 of this title (relating to Protection of Underground Mining).(c) In order to prevent pollution of surface and ground water and to reduce fire hazards, each auger hole, except as provided in subsection (d) of this section, shall be plugged so as to prevent the discharge of water from the hole and access of air to the coal, as follows:(1) each auger hole discharging water containing toxic-forming or acid-forming material shall be plugged within 72 hours after completion by backfilling and compacting noncombustible and impervious material into the hole to a depth sufficient to form a water-tight seal. If sealing is not possible within 72 hours, the discharge shall be treated commencing within 72 hours after completion to meet applicable effluent limitations and water-quality standards, until the hole is properly sealed; and(2) each auger hole not discharging water shall be sealed as in subsection (c)(1) of this section, to close the opening within 30 days following completion.(d) An auger hole need not be plugged, if the Commission finds:(1) impoundment of the water which would result from plugging the hole may create a hazard to the environment or public health or safety; and(2) drainage from the auger hole will not pose a threat of pollution to surface water and will comply with the requirements of §12.339 and §12.340 of this title (relating to Hydrologic Balance: General Requirements, and to Hydrologic Balance: Water-Quality Standards and Effluent Limitations).(e) The Commission shall prohibit auger mining, if it determines that:(1) adverse water-quality impacts cannot be prevented or corrected;(2) fill stability cannot be achieved;(3) the prohibition is necessary to maximize the utilization, recoverability or conservation of the solid-fuel resources; or(4) subsidence resulting from auger mining may disturb or damage powerlines, pipelines, buildings, or other facilities.", "sourceNote": "Source Note: The provisions of this §12.600 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.610", "label": "Alluvial Valley Floors: Essential Hydrologic Functions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8109", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surface coal mining and reclamation operations shall be conducted to preserve, throughout the mining and reclamation process, the essential hydrologic functions of alluvial valley floors not within an affected area. These functions shall be preserved by maintaining those geologic, hydrologic and biologic characteristics that support those functions.(b) Surface coal mining and reclamation operations shall be conducted to reestablish, throughout the mining and reclamation process, the essential hydrologic functions of alluvial valley floors within an affected area. These functions shall be reestablished by reconstructing those geologic, hydrologic and biologic characteristics that support those functions.(c) The characteristics that support the essential hydrologic functions of alluvial valley floors are those in §12.202(b)(3) of this title (relating to Surface Coal Mining and Reclamation Operations on Areas or Adjacent to Areas Including Alluvial Valley Floors in the Arid or Semiarid Areas West of the 100th Meridian) and those other geologic, hydrologic, or biologic characteristics identified during premining investigations, or monitoring conducted during the surface coal mining and reclamation operation.", "sourceNote": "Source Note: The provisions of this §12.610 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8109", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.611", "label": "Alluvial Valley Floors: Protection of Farming and Water Supplies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "387", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surface coal mining and reclamation operations shall not interrupt, discontinue, or preclude farming on alluvial valley floors, unless:(1) the premining land use is undeveloped rangeland which is not significant to farming; or(2) the area of affected alluvial valley floor is small and provides or may provide negligible support for production from one or more farms.(b) If environmental monitoring shows that a surface coal mining operation is interrupting, discontinuing, or precluding farming on alluvial valley floors, the operation shall cease until remedial measures are taken by the person who conducts the operation. The remedial measures shall be approved by the Commission prior to the resumption of mining.(c) Surface coal mining and reclamation operations shall not cause material damage to the quality or quantity of water in surface or underground water systems that supply alluvial valley floors. If environmental monitoring shows that the surface coal mining operation is causing material damage to water that supplies alluvial valley floors, the mining operations shall cease until remedial measures are taken by the person who conducts the operation. The remedial measures shall be approved by the Commission prior to the resumption of mining operations.(d) Subsections (a) and (b) of this section do not apply to those lands which were identified in a reclamation plan approved by Texas prior to August 3, 1977, for any surface coal mining and reclamation operation that, in the year preceding August 3, 1977:(1) produced coal in commercial quantities and was located within or adjacent to an alluvial valley floor; or(2) obtained specific permit approval from the Commission to conduct surface coal mining and reclamation operations within an alluvial valley floor.", "sourceNote": "Source Note: The provisions of this §12.611 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "387", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.612", "label": "Alluvial Valley Floors: Protection of Agricultural Uses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8110", "queryAsDate": "03/11/2026" }, "ruleBody": "Surface coal mining and reclamation operations shall be conducted to ensure that the agricultural utility and the level of productivity of alluvial valley floors in affected areas are reestablished.", "sourceNote": "Source Note: The provisions of this §12.612 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8110", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.613", "label": "Alluvial Valley Floors: Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An environmental monitoring system shall be installed, maintained and operated by the permittee on all alluvial valley floors during surface coal mining and reclamation operations and continued until all bonds are released in accordance with §12.312 and §12.313 of this title (relating to Procedures, Criteria, and Schedule for Release of Performance Bond). The monitoring system shall provide sufficient information to allow the Commission to determine that:(1) the agricultural utility and production of the alluvial valley floor not within the affected area is being preserved;(2) the potential agricultural utility and production on the alluvial valley floor within the affected area has been reestablished;(3) the important characteristics supporting the essential hydrologic functions of the alluvial valley floor in the affected area have been reestablished after mining; and(4) the important characteristics supporting the essential hydrologic functions of any alluvial valley floor in areas not affected are preserved during and after mining.(b) Monitoring shall be performed at adequate frequencies, to indicate long-term trends that could affect agricultural use of the alluvial valley floors.(c) Monitoring shall be performed during operations, to identify characteristics of the alluvial valley floor not identified in the permit application and to evaluate the importance of all characteristics.(d) All monitoring data collected, and analyses thereof, shall routinely be made available to the Commission.", "sourceNote": "Source Note: The provisions of this §12.613 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8111", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.620", "label": "Prime Farmland: Applicability and Special Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8099", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The requirements of this section and §§12.621, 12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland) shall not apply to:(1) coal processing plants and roads of underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. Such uses shall meet the requirements of §§12.500-12.572 of this title (relating to Permanent Program Performance Standards --Underground Mining Activities) for underground mining activities; or(2) prime farmland that has been excluded in accordance with §12.201(a) of this title (relating to Prime Farmland).(b) Surface coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:(1) a permit shall be obtained for those operations under §12.201 of this title (relating to Prime Farmland); and(2) soil materials to be used in reconstruction of the prime farmland soil shall be removed before drilling, blasting, or mining, in accordance with §12.621 of this title (relating to Prime Farmland: Soil Removal) and in a manner that prevents mixing or contaminating these materials with undesirable material. Where removal of soil materials results in erosion that may cause air and water pollution, the Commission shall specify methods to control erosion of exposed overburden.", "sourceNote": "Source Note: The provisions of this §12.620 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8099", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.621", "label": "Prime Farmland: Soil Removal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8112", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surface coal mining and reclamation operations on prime farmland shall be conducted to:(1) separately remove the topsoil, or remove other suitable soil materials which will create a final soil having a greater productive capacity than that which existed prior to mining; and(2) separately remove the B or C horizon or other suitable soil material to provide the thickness of suitable soil required by §12.624 of this title (relating to Prime Farmland: Soil Replacement).(b) The minimum depth of soil and soil material to be removed and stored for use in reconstruction of prime farmland shall be sufficient to meet the soil replacement requirements of §12.624(b) of this title (relating to Prime Farmland: Soil Replacement).", "sourceNote": "Source Note: The provisions of this §12.621 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.622", "label": "Prime Farmland: Soil Stockpiling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8114", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If not utilized immediately, the topsoil or other suitable soil materials specified in §12.621(a)(1) of this title (relating to Prime Farmland: Soil Removal) shall be placed in stockpiles separate from the spoil and all other excavated materials.(b) If not utilized immediately, each horizon or other material specified in §12.621(a)(2) of this title (relating to Prime Farmland: Soil Removal) shall be stockpiled separately from the spoil and all other excavated materials. Where combinations of such soil materials created by mixing have been shown to be equally or more favorable for plant growth than the B horizon, separate handling is not necessary.(c) Stockpiles shall be placed within the permit area where they will not be disturbed or be subject to excessive erosion. If left in place for more than 30 days, stockpiles shall meet the requirements of §12.336 or §12.506 of this title (relating to Topsoil: Storage).", "sourceNote": "Source Note: The provisions of this §12.622 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8114", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.624", "label": "Prime Farmland: Soil Replacement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "388", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Soil reconstruction specifications established by the U.S. Natural Resources Conservation Service are based upon the standards of the National Cooperative Soil Survey and include, as a minimum, physical and chemical characteristics of reconstructed soils and soil descriptions containing soil-horizon depths, soil densities, soil pH, and other specifications such that reconstructed soils will have the capability of achieving levels of yield equal to, or higher than, those of nonmined prime farmland in the surrounding area.(b) The minimum depth of soil and substitute soil material to be reconstructed for prime farmland shall be 48 inches, or a lesser depth equal to the depth to a subsurface horizon in the natural soil that inhibits or prevents root penetration, or a greater depth if determined necessary to restore the original soil productive capacity. Soil horizons shall be considered as inhibiting or preventing root penetration if their physical or chemical properties or water-supplying capacities cause them to restrict or prevent penetration by roots of plants common to the vicinity of the permit area and if these properties or capacities have little or no beneficial effect on soil productive capacity.(c) The operator shall replace soil material only on land which has been first returned to final grade and scarified according to §§12.384-12.388 of this title (relating to Backfilling and Grading: General Requirements, to Backfilling and Grading: General Grading Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials, to Backfilling and Grading: Thin Overburden, and to Backfilling and Grading: Thick Overburden) or §§12.551-12.553 of this title (relating to Backfilling and Grading: General Requirements, to Backfilling and Grading: General Grading Requirements, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials), unless site-specific evidence is provided and approved by the Commission showing that scarification will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield.(d) The operator shall replace and regrade the soil horizons or other root-zone material with proper compaction and uniform depth.(e) The operator shall replace the B horizon, C horizon, or other suitable material specified in §12.621(a)(2) of this title (relating to Prime Farmland: Soil Removal) to the thickness needed to meet the requirements of subsection (b) of this section.(f) The operator shall replace the topsoil or other suitable soil materials specified in §12.621(a)(1) of this title (relating to Prime Farmland: Soil Removal) as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original surface soil layer, as determined by the soil survey in §12.201(b)(1) of this title (relating to Prime Farmland), and be replaced in a manner that protects the surface layer from wind and water erosion before it is seeded or planted.(g) Apply nutrients and soil amendments as needed to quickly establish vegetative growth.", "sourceNote": "Source Note: The provisions of this §12.624 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "388", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.625", "label": "Prime Farmland: Revegetation and Restoration of Soil Productivity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "389", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Following soil replacement, the soil surface shall be stabilized with a vegetative cover or other means that effectively controls soil loss by wind and water erosion. All vegetation shall be in compliance with the plan approved by the Commission under §12.201 of this title (relating to Prime Farmland) and carried out in a manner that encourages prompt vegetative cover and recovery of productive capacity. The timing and mulching provisions of §12.392 and §12.393 (relating to Revegetation: Timing, and to Revegetation: Mulching and Other Soil Stabilizing Practices) or §12.557 and §12.558 of this title (relating to Revegetation: Timing, and to Revegetation: Mulching and Other Soil Stabilizing Practices) shall be met.(b) Prime farmland soil productivity shall be restored in accordance with the following provisions:(1) measurement of soil productivity shall be initiated within 10 years after completion of soil replacement;(2) soil productivity shall be measured on a representative sample or on all of the mined and reclaimed prime farmland area using the reference crop determined under subsection (b)(6) of this section. A statistically valid sampling technique at a 90% or greater statistical confidence level shall be used as approved by the Commission in consultation with the U.S. Natural Resources Conservation Service;(3) the measurement period for determining average annual crop production shall be a minimum of three crop years prior to release of the operator's performance bond according to §12.312 and §12.313 of this title (relating to Procedures, Criteria, and Schedule for Release of Performance Bond);(4) the level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area;(5) restoration of soil productivity shall be considered achieved when the average yield during the measurement period equals or exceeds the average yield of the reference crop established for the same period for nonmined soils of the same or similar texture or slope phase of the soil series in the surrounding area under equivalent management practices;(6) the reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops;(7) reference crop yields for a given crop season are to be determined from:(A) the current yield records of representative local farms in the surrounding area, with concurrence by the U.S. Natural Resources Conservation Service; or(B) the average county yields recognized by the U.S. Department of Agriculture, which have been adjusted by the U.S. Natural Resources Conservation Service for local yield variation within the county that is associated with differences between nonmined prime farmland and all other soils that produce the reference crop; and(8) under either procedure in subsection (b)(7) of this section, the average reference crop yield may be adjusted, with the concurrence of the U.S. Natural Resources Conservation Service, for:(A) Disease, pest, and weather-induced seasonal variations; or(B) Differences in specific management practices where the overall management practices of the crops being compared are equivalent.", "sourceNote": "Source Note: The provisions of this §12.625 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "389", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.650", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87142", "queryAsDate": "03/11/2026" }, "ruleBody": "Each person who conducts surface coal mining and reclamation operations, which includes the operation of a coal processing plant or support facility which is not located within the permit area for a specific mine, shall obtain a permit in accordance with §12.204 of this title (relating to Coal Processing Plants or Support Facilities Not Located Within the Permit Area of a Specified Mine) to conduct those operations and comply with §12.651 of this title (relating to Coal Processing Plants: Performance Standards).", "sourceNote": "Source Note: The provisions of this §12.650 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87142", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.651", "label": "Coal Processing Plants: Performance Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8113", "queryAsDate": "03/11/2026" }, "ruleBody": "Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by §12.650 of this title (relating to Applicability) and this section shall comply with the following:(1) signs and markers for the coal processing plant, coal processing waste disposal area, and water treatment facilities shall comply with §12.330 of this title (relating to Signs and Markers);(2) roads, transport, and associated structures shall be constructed, maintained, and reclaimed in accordance with §12.400 and §12.401 of this title (relating to Roads: General, and to Primary Roads);(3) any stream or channel realignment shall comply with §12.341 of this title (relating to Hydrologic Balance: Diversions);(4) if required by the Commission any disturbed area related to the coal processing plant or associated facilities shall have sediment control structures, in compliance with §12.343 and §12.344 of this title (relating to Hydrologic Balance: Sediment Control Measures, and to Hydrologic Balance: Siltation Structures), and all discharges from these areas shall meet the requirements of §§12.339-12.341 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, and to Hydrologic Balance: Diversions), and any other applicable state or federal law;(5) permanent impoundments associated with coal processing plants shall meet the requirements of §12.347 and §12.354 of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments, and to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities). Dams constructed of or impounding coal mine waste shall comply with §§12.376-12.378 of this title (relating to Coal Mine Waste: Dams and Embankments: General Requirements, to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design and Construction);(6) use of water wells shall comply with §12.351 of this title (relating to Hydrologic Balance: Transfer of Wells) and water rights shall be protected in accordance with §12.352 of this title (relating to Hydrologic Balance: Water Rights and Replacement);(7) disposal of coal processing waste, solid waste, and any excavated materials shall comply with §§12.368-12.374, 12.375, and 12.363-12.366 of this title (relating to Coal Processing Waste Banks: General Requirements, to Coal Processing Waste Banks: Site Inspection, to Coal Processing Waste Banks: Water Control Measures, to Coal Processing Waste Banks: Construction Requirements, to Coal Processing Waste: Burning, to Coal Processing Waste: Burned Waste Utilization, to Coal Processing Waste: Return to Underground Workings, to Disposal of Noncoal Wastes, to Disposal of Excess Spoil: General Requirements, to Disposal of Excess Spoil: Valley Fills, to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess Spoil: Durable Rock Fills), respectively;(8) discharge structures for diversions and sediment-control structures shall comply with §12.345 of this title (relating to Hydrologic Balance: Discharge Structures);(9) erosion and pollution attendant to erosion shall be controlled in accordance with §12.389 of this title (relating to Stabilization of Surface Areas for Surface Mining);(10) fish, wildlife and related environmental values shall be protected in accordance with §12.380 of this title (relating to Protection of Fish, Wildlife, and Related Environmental Values);(11) slide areas and other surface areas shall comply with §12.381 of this title (relating to Slides and Other Damage);(12) adverse effects upon or resulting from nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to compliance with §12.353 and §12.367 of this title (relating to Hydrologic Balance: Discharge of Water Into and Underground Mine, and to Protection of Underground Mining);(13) reclamation shall include proper topsoil-handling procedures, revegetation, and abandonment, in accordance with §§12.334-12.338 of this title (relating to Topsoil: General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil: Distribution and to Topsoil: Nutrients and Soil Amendments), §12.354 of this title (relating to Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds), §§12.383-12.389 of this title (relating to Contemporaneous Reclamation, to Backfilling and Grading: General Requirements, to Backfilling and Grading: General Grading Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials, to Backfilling and Grading: Thin Overburden, to Backfilling and Grading: Thick Overburden, and to Stabilization of Surface Areas for Surface Mining), §§12.390-12.393 and 12.395 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, and to Revegetation: Standards for Success) and §§12.397-12.399 of this title (relating to Cessation of Operations: Temporary, to Cessation of Operations: Permanent, and to Postmining Land Use);(14) conveyors, buildings, storage bins or stockpiles, water treatment facilities, water storage facilities, and any structure or system related to the coal processing plant shall comply with §§12.330-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities); and(15) any coal processing plant or associated structures located on prime farmland shall meet the requirements of §§12.620-12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland).", "sourceNote": "Source Note: The provisions of this §12.651 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective September 14, 1999, 24 TexReg 7223; amended to be effective June 12, 2001, 26 TexReg 4090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8113", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.660", "label": "In Situ Processing: Performance Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "391", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The person who conducts in situ-processing activities shall comply with §§12.500-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities) and this section.(b) In situ-processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by:(1) avoiding discharge of fluids into holes or wells, other than as approved by the Commission;(2) injecting process recovery fluids only into geologic zones or intervals approved as production zones by the Commission;(3) avoiding annular injection between the wall of the drill hole and the casing; and(4) preventing discharge of process fluid into surface waters.(c) Each person who conducts in situ-processing activities shall submit for approval as part of the application for permit under §12.205 of this title (relating to In Situ Processing Activities), and follow after approval, a plan that ensures that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by the mining and recovery process are promptly treated, confined, or disposed of in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety.(d) Each person who conducts in situ-processing activities shall prevent flow of the process recovery fluid:(1) horizontally beyond the affected area identified in the permit; and(2) vertically into overlying or underlying aquifers.(e) Each person who conducts in situ-processing activities shall restore the quality of affected ground water in the permit and adjacent areas, including ground water above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the ground water is not diminished.", "sourceNote": "Source Note: The provisions of this §12.660 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "391", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "K", "label": "PERMANENT PROGRAM PERFORMANCE STANDARDS" }, "rule": { "number": "§12.661", "label": "In Situ Processing: Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8115", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each person who conducts in situ-processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics, in a manner approved by the Commission under §12.519 of this title (relating to Hydrologic Balance: Surface and Ground-Water Monitoring), to measure changes in the quantity and quality of water in surface- and ground-water systems in the permit and adjacent areas.(b) Air- and water-quality monitoring shall be conducted in accordance with monitoring programs approved by the Commission as necessary according to appropriate federal and state air- and water-quality standards.", "sourceNote": "Source Note: The provisions of this §12.661 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8115", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.670", "label": "Inspections by the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8106", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall conduct an average of at least one partial inspection per month of each surface coal mining and reclamation operation under its jurisdiction. A \"partial inspection\" is an onsite review of a person's compliance with some of the permit conditions and requirements imposed under the state program. The inspector shall collect evidence of any violation of those conditions or requirements observed.(b) The Commission shall conduct an average of at least one complete inspection per calendar quarter of each surface coal mining and reclamation operation under its jurisdiction. A \"complete inspection\" is an onsite review of a person's compliance with all permit conditions and requirements imposed under the state program, within the entire area disturbed or affected by surface coal mining and reclamation operations. This includes collection of evidence with respect to every violation of those conditions or requirements.(c) The Commission shall conduct periodic inspections of all coal exploration operations required to comply in whole or in part with the Act and this chapter (relating to Coal Mining Regulations). Such inspections shall include the collection of evidence with respect to every violation of any condition of the exploration approval or any requirement of the Act or this chapter (relating to Coal Mining Regulations).(d) The inspections required under subsections (a), (b) and (c) of this section shall:(1) be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, weekends, or holidays;(2) occur without prior notice to the person being inspected or any agent or employee of such person, except for necessary on-site meetings; and(3) include the prompt filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of the Act, this chapter (relating to Coal Mining Regulations), the exploration approval and the permit.(e) An authorized representative of the Commission shall:(1) immediately conduct an inspection to enforce any requirement of the Act or this chapter (relating to Coal Mining Regulations), or any condition of a permit or an exploration approval imposed under the Act and this chapter (relating to Coal Mining Regulations), when the authorized representative has reason to believe, on the basis of information available to him or her (other than information resulting from a previous inspection), that there exists a violation of the Act, this chapter (relating to Coal Mining Regulations), or any condition of a permit or an exploration approval, or that there exists any condition, practice or violation which creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause a significant, imminent environmental harm to land, air or water resources and the person supplying the information provides adequate proof that an imminent danger to the public health and safety or a significant, imminent environmental harm to land, air or water resources exists; and(2) have reason to believe that a violation, condition or practice exists if the facts alleged by the informant would, if true, constitute a condition, practice or violation referred to in subsection (e)(1) of this section.", "sourceNote": "Source Note: The provisions of this §12.670 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8106", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.671", "label": "Right of Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8116", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within its jurisdiction, the Commission shall have a right of entry to, upon, and through any coal exploration or surface coal mining and reclamation operation without advance notice or search warrant, upon presentation of appropriate credentials.(b) The Commission shall inspect any monitoring equipment or method of exploration or operation and to have access to and copy any records required under the Act, this chapter (relating to Coal Mining Regulations), the exploration approval, or the permit. The representatives of the Commission may exercise such rights at reasonable times, without advance notice, upon presentation of appropriate credentials. No search warrant shall be required, except that Texas may provide for its use with respect to entry into a building.", "sourceNote": "Source Note: The provisions of this §12.671 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.672", "label": "Availability of Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8118", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall make available to the Director and the Regional Director, upon request, copies of all documents relating to applications for and approvals of existing, new, or revised coal exploration approvals or surface coal mining and reclamation operations permits and all documents relating to inspection and enforcement actions.(b) Except as provided in §12.115 and §12.210 of this title (relating to Public Availability of Information, and to Public Availability of Information in Permit Applications On File With the Commission) and subsection (c) of this section, copies of all records, reports, inspection materials, or information obtained by the Commission shall, in accordance with the Texas Open Records Act (Texas Government Code, Chapter 552), be made immediately available to the public in the area of mining so that they are conveniently available to residents of that area until at least 5 years after expiration of the period during which the subject surface coal mining and reclamation operation is active or is covered by any portion of a reclamation bond. For the purposes of this subsection, \"immediately available\" shall include providing copies of subject information promptly by mail.(1) A description of the information available for mailing and the procedure for obtaining such information will be maintained for public inspection at a federal, state, or local government office in the county where the mining is occurring or proposed to occur.(2) Copies of subject information may, at the option of the Commission, be provided promptly by mail to a requestor who is a resident of the area where the mining is occurring or is proposed to occur, at no expense to the resident.(c) In order to protect preparation for hearings and enforcement proceedings, the Director and the Commission may enter into agreements regarding procedures for the special handling of investigative and enforcement reports and other such materials.", "sourceNote": "Source Note: The provisions of this §12.672 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8118", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.673", "label": "Citizens' Requests for Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8117", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A citizen may request an inspection under §12.670(e) of this title (relating to Inspections by the Commission), by furnishing to an authorized representative of the Commission a signed, written statement (or an oral report followed by a signed, written statement) giving the authorized representative reason to believe that a violation, condition, or practice referred to in §12.670(e)(1) of this title (relating to Inspections by the Commission) exists and setting forth a phone number and address where the citizen can be contacted.(b) The identity of any person supplying information to the Commission relating to a possible violation or imminent danger or harm shall remain confidential with the Commission, if requested by that person, unless that person elects to accompany the inspector on the inspection.(c) If an inspection is conducted as a result of information provided to the Commission by a citizen as described in subsection (a) of this section, the citizen shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative of the Commission during the inspection. Such person has a right of entry to, upon and through the coal exploration or surface coal mining and reclamation operation about which he or she supplied information, but only if he or she is in the presence of and is under the control, direction and supervision of the authorized representative while on the mine property. Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.(d) Within 10 days of the inspection or, if there is no inspection, within 15 days of receipt of the citizen's written statement, the Commission shall send the citizen the following:(1) if an inspection was made, a description of the enforcement action taken, which may consist of copies of the inspection report and all notices of violation and cessation orders issued as a result of the inspection or an explanation of why no enforcement action was taken;(2) if no inspection was conducted, an explanation of the reason why; and(3) an explanation of the citizen's right, if any, to informal review of the action or inaction of the Commission under §12.675 of this title (relating to Review of Decision Not to Inspect or Enforce).(e) The Commission shall give copies of all materials in subsections (d)(1) and (2) of this section, within the time limits specified in those subsections, to the person alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen's identity is permitted under subsection (b) of this section.", "sourceNote": "Source Note: The provisions of this §12.673 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8117", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.674", "label": "Review of Adequacy and Completeness of Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8120", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the Commission in writing of any alleged failure on the part of the Commission to make adequate and complete or periodic inspections as provided in §12.670(e)(1) of this title (relating to Inspections by the Commission). The notification shall include sufficient information to create a reasonable belief that §12.670(e)(1) of this title (relating to Inspections by the Commission) is not being complied with and to demonstrate that the person is or may be adversely affected. The Director of the Surface Mining and Reclamation Division shall, within 15 days of receipt of the notification, determine whether §12.670(e)(1) of this title (relating to Inspections by the Commission) is being complied with, and if not, shall immediately order an inspection to remedy the noncompliance. The Director of the Surface Mining and Reclamation Division shall also furnish the complainant with a written statement of the reasons for such determination and the actions, if any, taken to remedy the noncompliance.", "sourceNote": "Source Note: The provisions of this §12.674 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8120", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.675", "label": "Review of Decision Not To Inspect or Enforce" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202453", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the Commission to review informally an authorized representative's decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for inspection under §12.673 of this title (relating to Citizens' Requests for Inspections). The request for review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.(b) The Commission shall conduct the review and inform the person, in writing, of the results of the review within 30 days of his or her receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the citizen shall not be disclosed unless confidentiality has been waived or disclosure is required.(c) Informal review under this section shall not affect any right to formal review under §§134.058-134.064 of the Act or to a citizen's suit under §§134.182-134.187 of the Act.", "sourceNote": "Source Note: The provisions of this §12.675 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202453", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.676", "label": "Alternative Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165995", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General provisions.(1) Whenever a court of competent jurisdiction enters a judgment against or convicts a person under the provisions of this section, the Commission will update AVS to reflect the judgment or conviction.(2) The existence of a performance bond or bond forfeiture cannot be used as the sole basis for determining that an alternative enforcement action is unwarranted.(3) Nothing in this part eliminates or limits any additional enforcement rights or procedures available to a permittee or an applicant under Federal or State law.(b) Criminal penalties. Under §134.179 and §134.180 of the Act, the Commission may request the Texas Attorney General to pursue criminal penalties against any person who:(1) willfully and knowingly violates a condition of the permit;(2) willfully and knowingly fails or refuses to comply with:(A) any order issued under Subchapter H of the Act (relating to Enforcement); or(B) any order incorporated into a final decision issued by the Commission under the Act (except for those orders specifically excluded under §134.179 of the Act); or(3) knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the Commission's regulatory program or any order or decision issued by the Commission under the Act.(c) Civil actions for relief.(1) Under §134.173 of the Act, the Commission may request the Texas Attorney General to institute a civil action for relief whenever the permittee or an agent of the permittee:(A) fails or refuses to comply with or violates any order or decision issued by the Commission under the Act or regulatory program;(B) interferes with, hinders, or delays the Commission in carrying out the provisions of the Act or its implementing regulations;(C) refuses to admit an authorized Commission representative onto the site of a surface coal mining and reclamation operation;(D) refuses to allow an authorized Commission representative to inspect a surface coal mining and reclamation operation;(E) refuses to furnish any information or report that requested by the Commission under the Act or regulatory program; or(F) refuse to allow access to, or copying of, those records that the Commission determines are necessary to carry out the provisions of the Act and its implementing regulations.(2) A civil action for relief includes a permanent or temporary injunction, restraining order, or any other appropriate order by a district court of the United States for the district in which the surface coal mining and reclamation operation or the permittee's principal office is located.(3) Temporary restraining orders will be issued in accordance with Rule 680 of the Texas Rules of Civil Procedure, as amended.(4) Any relief the court grants to enforce an order under paragraph (2) of this subsection will continue in effect until completion or final termination of all proceedings for review of that order under the Act or its implementing regulations unless, beforehand, the district court granting the relief sets aside or modifies the order.", "sourceNote": "Source Note: The provisions of this §12.676 adopted to be effective February 24, 2014, 39 TexReg 1121; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165995", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.677", "label": "Cessation Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "392", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Conditions, practices, or violations warranting a cessation order.(1) An authorized representative of the Commission shall immediately order a cessation of surface coal mining and reclamation operations or of the relevant portion thereof, if he or she finds, on the basis of any inspection, any condition or practice, or any violation of the Act, this chapter (relating to Coal Mining Regulations), or any condition of an exploration approval or permit imposed under the Act or this chapter (relating to Coal Mining Regulations), which:(A) creates an imminent danger to the health or safety of the public; or(B) is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.(2) Surface coal mining and reclamation operations conducted by any person without a valid surface coal mining permit constitute a condition or practice which causes or can be expected to cause significant, imminent environmental harm to land, air, or water resources.(3) If the cessation ordered under subsection (a)(1) of this section will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the Commission shall impose affirmative obligations on the person to whom it is issued to abate the condition, practice, or violation. The order shall specify the time by which abatement shall be accomplished and may require, among other things, the use of existing or additional personnel and equipment.(b) Failure to abate a notice of violation.(1) An authorized representative of the Commission shall immediately order a cessation of coal exploration or surface coal mining and reclamation operations, or of the relevant portion thereof, when a notice of violation has been issued under §12.678(a) of this title (relating to Notices of Violation) and the person to whom it was issued fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative.(2) A cessation order issued under this subsection shall require the person to whom it is issued to take all steps the authorized representative of the Commission deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.(c) Form of cessation order. A cessation order issued under subsections (a) or (b) of this section shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:(1) the nature of the violation;(2) the remedial action or affirmative obligation required, if any, including interim steps, if appropriate;(3) the time established for abatement, if appropriate, including the time for meeting any interim steps; and(4) a reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice or violation has been abated or until vacated, modified or terminated in writing by an authorized representative of the Commission. The Commission, within 60 days after issuing the cessation order, shall notify in writing any person who has been identified as owning or controlling the permittee, that the cessation order was issued and that the person has been identified as an owner or controller.(d) Continuing activities during cessation. Reclamation operations and other activities intended to protect public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.(e) Modification, termination, and vacation. An authorized representative of the Commission may modify, terminate or vacate a cessation order for good cause, and may extend the time for abatement if the failure to abate within the time previously set was not caused by lack of diligence on the part of the person to whom it was issued.(f) Termination of cessation order. An authorized representative of the Commission shall terminate a cessation order, by written notice to the person to whom the order was issued, when he determines that all conditions, practices or violations listed in the order have been abated. Termination shall not affect the right of the Commission to assess civil penalties for those violations under §§12.686 - 12.694 of this title (relating to Civil Penalties).(g) Notification. Within 60 days after issuing a cessation order, the Commission will notify in writing the permittee, the operator, and any person who has been listed or identified by the applicant, permittee, or OSM as an owner or a controller of the operation, as defined in §12.3 of this title (relating to Definitions).", "sourceNote": "Source Note: The provisions of this §12.677 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective February 24, 2014, 39 TexReg 1121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "392", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.678", "label": "Notices of Violation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202455", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An authorized representative of the Commission shall issue a notice of violation if, on the basis of an inspection he finds a violation of the Act, this chapter (relating to Coal Mining Regulations), or any condition of a permit or an exploration approval imposed under such program, the Act, or this chapter (relating to Coal Mining Regulations), which does not create an imminent danger or harm for which a cessation order must be issued under §12.677 of this title (relating to Cessation Orders).(b) A notice of violation issued under this section shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:(1) the nature of the violation;(2) the remedial action required, which may include interim steps;(3) a reasonable time for abatement, which may include time for accomplishment of interim steps; and(4) a reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies.(c) An authorized representative of the Commission may extend the time set for abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence on the part of the person to whom it was issued. The total time for abatement under a notice of violation, including all extensions, shall not exceed 90 days from the date of issuance, except upon a showing by the permittee that it is not feasible to abate the violation within 90 calendar days due to one or more of the circumstances in subsection (f) of this section. An extended abatement date pursuant to this section shall not be granted when the permittee's failure to abate within 90 days has been caused by a lack of diligence or intentional delay by the permittee in completing the remedial action required.(d) If the person to whom the notice was issued fails to meet any time set for abatement or for accomplishment of an interim step, the authorized representative shall issue a cessation order under §12.677 of this title (relating to Cessation Orders).(e) An authorized representative of the Commission shall terminate a notice of violation by written notice to the person to whom it was issued, when he determines that all violations listed in the notice of violation have been abated. Termination shall not affect the right of the Commission to assess civil penalties for those violations under §§12.686-12.694 of this title (relating to Civil Penalties).(f) Circumstances which may qualify a surface coal mining operation for an abatement period of more than 90 days are:(1) where the permittee of an ongoing permitted operation has timely applied for and diligently pursued a permit renewal or other necessary approval of designs or plans but such permit or approval has not been or will not be issued within 90 days after a valid permit expires or is required, for reasons not within the control of the permittee;(2) where there is a valid judicial order precluding abatement within 90 days as to which the permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy;(3) where the permittee cannot abate within 90 days due to a labor strike; or(4) where climatic conditions preclude abatement within 90 days, or where, due to climatic conditions, abatement within 90 days clearly:(A) would cause more environmental harm than it would prevent; or(B) requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act.(g) Whenever an abatement time in excess of 90 days is permitted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.(h) If any of the conditions in subsection (f) of this section exist, the permittee may request the authorized representative to grant an abatement period exceeding 90 days. The authorized representative shall not grant such an abatement period without the concurrence of the Director of the Surface Mining and Reclamation Division or his or her designee, and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that he or she is entitled to an extension under the provisions of subsections (c) and (f) of this section. In determining whether or not to grant an abatement period exceeding 90 days the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall promptly and fully document in the file his or her reasons for granting or denying the request. The authorized representative's immediate supervisor shall review this document before concurring in or disapproving the extended abatement date and shall promptly and fully document the reasons for his or her concurrence or disapproval in the file.(i) Any determination made under subsection (h) of this section shall be in writing and shall contain a right of review in accordance with §12.682 of this title (relating to Review of Notice of Violation or Cessation Order).(j) No extension granted under subsection (h) of this section may exceed 90 days in length. Where the condition or circumstance which prevented abatement within 90 days exists at the expiration of any such extension, the permittee may request a further extension in accordance with the procedures of subsection (h) of this section.", "sourceNote": "Source Note: The provisions of this §12.678 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202455", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.679", "label": "Suspension or Revocation of Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8122", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pattern of violations.(1) Except as provided in subsection (b) of this section, the Director of the Surface Mining and Reclamation Division shall issue an order to a permittee requiring the permittee to show cause why the permit and right to mine under the Act should not be suspended or revoked if the Director of the Surface Mining and Reclamation Division determines that a pattern of violations of any requirements of the Act, this chapter (relating to Coal Mining Regulations), or any permit condition required by the Act exists or has existed, and that the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions. Violations by any person conducting surface coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage.(2) The Director of the Surface Mining and Reclamation Division may determine that a pattern of violations exists or has existed, based on two or more inspections of the permit area within any 12-month period, after considering the circumstances, including:(A) the number of violations, cited on more than one occasion, of the same or related requirements of the Act, this chapter (relating to Coal Mining Regulations), or the permit;(B) the number of violations, cited on more than one occasion, of different requirements of the Act, this chapter, the applicable program, or the permit; and(C) the extent to which the violations were isolated departures from lawful conduct.(3) The Director of the Surface Mining and Reclamation Division shall determine that a pattern of violations exists, if the Director finds that there were violations of the same or related requirements of the Act, this chapter, or the permit during three or more inspections of the permit area within any 12-month period.(b) Discretion of the Division Director. The Director of the Surface Mining and Reclamation Division may decline to issue a show cause order, or may vacate an outstanding show cause order, if the Director of the Surface Mining and Reclamation Division finds that, taking into account exceptional factors present in the particular case, it would be demonstrably unjust to issue or to fail to vacate the show cause order. The basis for this finding shall be fully explained and documented in the records of the case.(c) Public notice requirements. At the same time as the issuance of the order, the Director of the Surface Mining and Reclamation Division shall:(1) if practicable, publish notice of the order, including a brief statement of the procedure for intervention in the proceeding, in a newspaper of general circulation in the area of the surface coal mining and reclamation operations; and(2) post the notice at the district or field office closest to the area of the surface coal mining and reclamation operations.(d) Public hearing. Following issuance of a show cause order, the Commission shall hold a public hearing after appropriate written notice of the time, date and place of the hearing. The hearing shall be of record and subject to the APA.(e) Determination after hearing. Within 60 days after the hearing, the Commission shall issue a written determination as to whether a pattern of violations exists and, if appropriate, an order. If the permit and the permittee's right to mine are revoked or suspended, the permittee shall immediately cease surface coal mining operations on the permit area and shall:(1) if revoked, complete reclamation within the time frame specified in the order; or(2) if suspended, complete all affirmative obligations to abate all conditions, practices or violations as specified in the order.(f) Failure to abate. When a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the Director of the Surface Mining and Reclamation Division shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this section, and shall issue an order to show cause as appropriate pursuant to §12.680 of this title (relating to Service of Notices of Violation, Cessation Orders, and Show Cause Orders).", "sourceNote": "Source Note: The provisions of this §12.679 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8122", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.680", "label": "Service of Notices of Violation, Cessation Orders, and Show Cause Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133107", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows:(1) by tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge of the coal exploration or surface coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept; or(2) as an alternative to paragraph (1) of this subsection, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his designated agent. Service shall be complete upon tender of the notice or order or of the mail and shall not be deemed incomplete because of refusal to accept.(b) A show cause order may be served on the person to whom it is issued in either manner provided in subsection (a) of this section.(c) Designation by any person of an agent for service of notices and orders shall be made in writing to the Surface Mining and Reclamation Division, P.O. Box 12967, Austin, Texas 78711-2967.(d) The Commission may furnish copies to any person having an interest in the coal exploration, surface coal mining and reclamation operation, or the permit area, such as the owner of the fee, a corporate officer of the permittee or entity conducting coal exploration, or the bonding company.", "sourceNote": "Source Note: The provisions of this §12.680 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133107", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.681", "label": "Informal Public Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsections (b) and (c) of this section, a notice of violation or cessation order which requires cessation of mining, expressly or by necessary implication, shall expire within 30 days after it is served unless an informal public hearing has been held within that time. The hearing shall be held at or reasonably close to the mine site so that it may be viewed during the hearing, or at any other location acceptable to the Commission and the person to whom the notice or order was issued. The field office of the Division nearest to the mine site shall be deemed to be reasonably close to the mine site unless a closer location is requested and agreed to by the Commission. Expiration of a notice or order shall not affect the Commission's right to assess civil penalties with respect to the period during which the notice or order was in effect for the violations mentioned in the notice or order under §§12.686 - 12.694 of this title (relating to Civil Penalties). No hearing will be required where the condition, practice, or violation in question has been abated or the hearing has been waived. For purposes of this section only, mining includes:(1) extracting coal from the earth or coal waste piles and transporting it within or from the area; and(2) the processing, cleaning, concentrating, preparing, or loading of the coal where such operations occur at a place other than at a mine site.(b) A notice of violation or cessation order shall not expire as provided in subsection (a) of this section, if the informal public hearing has been waived, or if, with the consent of the person to whom the notice or order was issued, the informal public hearing is held later than 30 days after the notice or order was served. For purposes of this subsection:(1) The informal public hearing will be deemed waived if the person to whom the notice or order was issued:(A) is informed, by written notice served in a manner provided in paragraph (2) of this subsection, that he or she will be deemed to have waived an informal public hearing unless he or she requests one within 30 days after service of the notice; and(B) fails to request an informal public hearing within that time.(2) The written notice referred to in paragraph (1)(A) of this subsection shall be delivered to such person by an authorized representative or sent by certified mail to such person no later than five days after the notice or order is served on such person.(3) The person to whom the notice or order was issued shall be deemed to have consented to an extension of the time for holding the informal public hearing if his or her request is received on or after the 21st day after service of the notice or order. The extension of time shall be equal to the number of days elapsed after the 21st day.(c) The Commission shall give as much advance notice as is practicable of the time, place, and subject matter of the informal public hearing to:(1) the person to whom the notice or order was issued; and(2) any person who filed a report which led to that notice or order.(d) The Commission shall also post notice of the hearing at the field office closest to the mine site, and publish it, where practicable, in a newspaper of general circulation in the area of the mine.(e) The informal public hearing shall be conducted by a representative of the Commission, who may accept oral or written arguments and any other relevant information from any person attending.(f) Within five days after the close of the informal public hearing, the Commission shall affirm, modify, or vacate the notice or order in writing. The decision shall be sent to:(1) the person to whom the notice or order was issued; and(2) any person who filed a report which led to the notice or order.(g) The granting or waiver of the above informal public hearing shall not affect the right of any person to formal review under §134.175 and §134.176 of the Act and §§2001.141 - 2001.147 of the APA (relating to Contested Cases: Final Decisions and Orders; Motions for Rehearing). At such review proceedings, no evidence as to statements made or evidence produced at the informal public hearing pursuant to this section shall be introduced as evidence to impeach a witness.(h) The person conducting the informal hearing for the Commission shall determine whether or not the mine site should be viewed during the hearing. In making this determination, the only consideration shall be whether viewing the mine site will assist the person conducting the hearing in reviewing the appropriateness of the enforcement action or of the required remedial action.", "sourceNote": "Source Note: The provisions of this §12.681 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 12, 2007, 32 TexReg 8124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.682", "label": "Formal Review of Notice of Violation or Cessation Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "393", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person issued a notice of violation or cessation order under §12.677 or §12.678 of this title (relating to Cessation Orders, and Notices of Violation), or a person having an interest which may be adversely affected by the issuance, modification, vacation, or termination of a notice or order, may request review of that action by filing an application for review and request for a hearing pursuant to §§134.168 - 134.172 of the Act and the APA, within 30 days after receiving notice of the action.(b) The filing of an application for review and request for a hearing under this section shall not operate as a stay of any notice or order, or any modification, termination or vacation, of either.", "sourceNote": "Source Note: The provisions of this §12.682 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 12, 2007, 32 TexReg 8124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "393", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.683", "label": "Inability To Comply" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8124", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No cessation order or notice of violation issued under §§12.677-12.684 of this title (relating to Enforcement) may be vacated because of inability to comply.(b) Inability to comply may not be considered in determining whether a pattern of violations exists.(c) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under §§12.686-12.694 of this title (relating to Civil Penalties) and of the duration of the suspension of a permit.", "sourceNote": "Source Note: The provisions of this §12.683 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8124", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.684", "label": "Injunctive Relief" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8121", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission may request the Attorney General of Texas to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other order, in the district court of Travis County, or in the district in which the coal exploration or surface coal mining and reclamation operation is located or in which the person to whom the notice of violation or order has been issued has his principal office, whenever that person or his or her agent, in violation of the Act, this chapter (relating to Coal Mining Regulations), or any condition of an exploration approval or permit imposed under the Act or this chapter (relating to Coal Mining Regulations):(1) violates or fails or refuses to comply with any order or decision of the Commission;(2) interferes with, hinders or delays the Commission in carrying out the provisions of the Act or this chapter (relating to Coal Mining Regulations);(3) refuses to admit an authorized representative of the Commission to a mine;(4) refuses to permit inspection of a mine by an authorized representative of the Commission;(5) refuses to furnish any required information or report;(6) refuses to permit access to or copying of any required records; or(7) refuses to permit inspection of monitoring equipment.", "sourceNote": "Source Note: The provisions of this §12.684 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8121", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.686", "label": "When Penalty Will Be Assessed" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "394", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall assess a penalty for each cessation order.(b) The Commission shall assess a penalty for each notice of violation, if the violation is assigned 31 points or more under the point system described in §12.687 of this title (relating to Point System for Penalties).(c) The Commission may assess a penalty for each notice of violation assigned 30 points or less under the point system described in §12.687 of this title (relating to Point System for Penalties). In determining whether to assess a penalty, the Commission shall consider the factors listed in §12.687(b) of this title (relating to Point System for Penalties).", "sourceNote": "Source Note: The provisions of this §12.686 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "394", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.687", "label": "Point System for Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall use the point system described in this section to determine the amount of the penalty and, in the case of notices of violation, whether a mandatory penalty should be assessed as provided in §12.686(b) of this title (relating to When Penalty Will Be Assessed).(b) Points shall be assigned as follows:(1) History of previous violations. The commission shall assign up to 30 points based on the history of previous violations. One point shall be assigned for each past violation contained in a notice of violation. Five points shall be assigned for each violation (but not a condition or practice) contained in a cessation order. The history of previous violations, for the purpose of assigning points, shall be determined and the points assigned with respect to a particular coal exploration or surface coal mining operation. Points shall be assigned as follows:(A) a violation shall not be counted, if the notice or order is the subject of pending administrative or judicial review or if the time to request such review or to appeal any administrative or judicial decision has not expired, and thereafter it shall be counted for only one year;(B) no violation for which the notice or order has been vacated shall be counted; and(C) each violation shall be counted without regard to whether it led to a civil penalty assessment;(2) Seriousness. The Commission shall assign up to 30 points based on the seriousness of the violation, as follows:(A) Probability of occurrence. The Commission shall assign up to 15 points based on the probability of the occurrence of the event which a violated standard is designed to prevent. Points shall be assessed according to the following schedule:Attached Graphic(B) extent of potential or actual damage. The Commission shall assign up to 15 points, based on the extent of the potential or actual damage, in terms of area and impact on the public or environment, as follows:(i) if the damage or impact which the violated standard is designed to prevent would remain within the coal exploration or permit area, the Commission shall assign zero to seven points, depending on the duration and extent of the damage or impact; and(ii) if the damage or impact which the violated standard is designed to prevent would extend outside the coal exploration or permit area, the Commission shall assign eight to fifteen points, depending on the duration and extent of the damage or impact; and(C) Alternative. In the case of a violation of an administrative requirement, such as a requirement to keep records, the Commission shall, in lieu of subparagaphs (A) and (B) of this paragraph, assign up to 15 points for seriousness, based upon the extent to which enforcement is obstructed by the violation;(3) Negligence. (A) The Commission shall assign up to 25 points based on the degree of fault of the person to whom the notice or order was issued in causing or failing to correct the violation, condition, or practice which led to the notice or order, either through act or omission. Points shall be assessed as follows:(i) a violation which occurs through no negligence shall be assigned no penalty points for negligence;(ii) a violation which is caused by negligence shall be assigned 12 points or less, depending on the degree of negligence;(iii) a violation which occurs through a greater degree of fault than negligence shall be assigned 13 to 25 points, depending on the degree of fault;(B) In determining the degree of negligence involved in a violation and the number of points to be assigned, the following definitions apply:(i) No negligence - An inadvertent violation which was unavoidable by the exercise of reasonable care;(ii) Negligence - The failure of a permittee to prevent the occurrence of any violation of his or her permit or any requirement of the Act or this chapter (relating to Coal Mining Regulations) due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or the Act due to indifference, lack of diligence, or lack of reasonable care;(iii) A greater degree of fault than negligence - Reckless, knowing or intentional conduct; and(4) Good faith in attempting to achieve compliance.(A) The Commission shall add points based on the degree of good faith of the person to whom the notice or order was issued in attempting to achieve rapid compliance after notification of the violation. Points shall be assigned as follows:Attached Graphic(B) The following definitions shall apply under subsection (b)(4)(A) of this section:(i) Rapid compliance - That the person to whom the notice or order was issued took extraordinary measures to abate the violation in the shortest possible time and that abatement was achieved before the time set for abatement;(ii) Normal compliance - The person to whom the notice or order was issued abated the violation within the time given for abatement; and(C) If the consideration of this criterion is impractical because of the length of the abatement period, the assessment may be made without considering this criterion and may be reassessed after the violation has been abated.", "sourceNote": "Source Note: The provisions of this §12.687 adopted\r\nto be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133111", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.688", "label": "Determination of Amount of Penalty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133112", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall determine the amount of any civil penalty by converting the total number of points assigned under §12.687 of this title (relating to Point System for Penalties) to a dollar amount, according to the following schedule: Attached Graphic", "sourceNote": "Source Note: The provisions of this §12.688 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 12, 2007, 32 TexReg 8124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.689", "label": "Assessment of Separate Violations for Each Day" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8105", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the Commission shall consider the factors listed in §12.687 of this title (relating to Point System for Penalties) and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply. For any violation which continues for two or more days and which is assigned more than 70 points under §12.687(b) of this title (relating to Point System for Penalties), the Commission shall assess a civil penalty for a minimum of two separate days.(b) In addition to the civil penalty provided for in subsection (a) of this section, whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order or subsequently extended pursuant to §12.678 of this title (relating to Notices of Violation), a civil penalty of not less than $1,025 shall be assessed for each day during which such failure continues, except that, if the person to whom the notice or order was issued initiates review proceedings with respect to the violation, the abatement period shall be extended as follows:(1) if suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding pursuant to administrative review under §134.171 of the Act, after a determination that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the Commission issues a final order with respect to the violation in question; and(2) if the person to whom the notice or order was issued initiates judicial review proceedings under §12.694 of this title (relating to Final Assessment and Payment of Penalty), with respect to the violation, in which the obligations to abate are suspended by the court, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court.(3) Such penalty for the failure to abate the violation shall not be assessed for more than 30 days for each such violation. If the permittee has not abated the violation within the 30-day period, the Commission shall take appropriate action pursuant to §§134.179, 134.181, 134.164 or 134.173 of the Act within 30 days to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate.", "sourceNote": "Source Note: The provisions of this §12.689 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 12, 2007, 32 TexReg 8124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8105", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.690", "label": "Waiver of Use of Formula To Determine Civil Penalty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8128", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Director of the Surface Mining and Reclamation Division, upon his own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in §12.687 of this title (relating to Point System for Penalties) to set the civil penalty, if he or she determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, he shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the Act, this chapter (relating to Coal Mining Regulations), or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case.(b) If the Director of the Surface Mining and Reclamation Division waives the use of the formula, he or she shall use the criteria set forth in §12.687(b) of this title (relating to Point System for Penalties) to determine the appropriate penalty. When the Director of the Surface Mining and Reclamation Division has elected to waive the use of the formula, he or she shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.", "sourceNote": "Source Note: The provisions of this §12.690 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8128", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.691", "label": "Procedures for Assessment of Civil Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8129", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the Commission and to the inspector who issued the notice of violation or cessation order. The Commission shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty.(b) The Commission shall serve a copy of the proposed assessment and of the worksheet showing the computation of the proposed assessment on the person to whom the notice or order was issued, by certified mail, within 30 days of the issuance of the notice or order. Unless otherwise proved by competent evidence, a pleading or other document shall be deemed to have been received by a party, on whom it has been served in accordance with these rules, three days after it was mailed or on the date received if delivered in person.(1) If the mail is tendered at the address of that person set forth in the sign required under §12.330 of this title (relating to Signs and Markers), or at any address at which that person is in fact located, and he or she refuses to accept delivery of or to collect such mail, the requirements of this subsection shall be deemed to have been satisfied upon such tender.(2) Failure of the Commission to serve any proposed assessment within 30 days shall not be grounds for dismissal unless the person against whom the proposed penalty has been assessed:(A) proves actual prejudice as a result of the delay; and(B) makes a timely objection to the delay. An objection shall be timely only if made in the normal course of administrative review.(c) Unless a conference has been requested, the Commission shall review and reassess any penalty if necessary to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The Commission shall serve a copy of any such reassessment and of the worksheet showing the computation of the reassessment in the manner provided in subsection (b) of this section, within 30 days after the date the violation is abated.", "sourceNote": "Source Note: The provisions of this §12.691 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8129", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.692", "label": "Procedures for Assessment Conference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133113", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall arrange for a conference to review the proposed assessment or reassessment, upon written request of the person to whom the notice or order was issued, if the request is received within 15 days from the date the proposed assessment or reassessment is mailed.(b) Assessment conference procedures shall be as follows:(1) the Commission shall assign an examiner to hold the assessment conference. The assessment conference shall be held within 60 days from the date of issuance of the proposed assessment or the end of the abatement period, whichever is later;(2) the Commission shall post notice of the time and place of the conference at the field office closest to the mine at least 5 days before the conference. Any person shall have a right to attend and participate in the conference;(3) the examiner shall consider all relevant information on the violation. Within 30 days after the conference is held, the examiner shall either:(A) settle the issues, in which case a settlement agreement shall be prepared and signed by the examiner on behalf of the Commission and by the person assessed; or(B) affirm, raise, lower, or vacate the penalty; and(4) an increase or reduction of a proposed civil penalty assessment of more than 25% and more than $500.00 shall not be final and binding on the Commission until approved by the Director of the Surface Mining and Reclamation Division.(c) The examiner shall promptly serve the person assessed with a notice of his or her action and shall include a worksheet if the penalty has been raised or lowered. The reasons for the examiner's action shall be fully documented in the file.(d) The form of settlement agreements shall include the following:(1) if a settlement agreement is entered into, the person assessed will be deemed to have waived all rights to further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a clause to this effect; and(2) if full payment of the amount specified in the settlement agreement is not received by the Commission within 30 days after the date of signing, the Commission may enforce the agreement or rescind it and proceed according to subsection (b)(3)(B) of this section within 30 days from the date of the rescission.(e) The examiner may terminate the conference when he determines that the issues cannot be resolved or that the person assessed is not diligently working toward resolution of the issues.(f) At formal review proceedings under the Act, no evidence as to statements made or evidence produced by one party at a conference shall be introduced as evidence by another party or to impeach a witness.", "sourceNote": "Source Note: The provisions of this §12.692 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133113", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.693", "label": "Request for Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8127", "queryAsDate": "03/11/2026" }, "ruleBody": "The person charged with the violation may contest the proposed penalty or the fact of the violation by submitting a petition and an amount equal to the proposed penalty or, if an assessment conference has been held, the reassessed or affirmed penalty to the Commission, to be held in escrow, within 30 days from receipt of the proposed assessment or reassessment or 30 days from the date of service of the assessment conference examiners action, whichever is later. The fact of the violation may not be contested if it has been decided in a review proceeding commenced under §12.682 of this title (relating to Formal Review of Notice of Violation or Cessation Order).", "sourceNote": "Source Note: The provisions of this §12.693 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 12, 2007, 32 TexReg 8124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8127", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.694", "label": "Final Assessment and Payment of Penalty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8125", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in §12.693 of this title (relating to Request for Hearing), the proposed assessment shall become a final order of the Commission and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.(b) If any party requests judicial review of a final order of the Commission, the proposed penalty shall continue to be held in escrow until completion of the review. Otherwise, subject to subsection (c) of this section, the escrowed funds shall be transferred to the Commission in payment of the penalty, and the escrow shall end.(c) If the final decision in the administrative and judicial review results in an order reducing or eliminating the proposed penalty assessed under §§12.686-12.694 of this title (relating to Civil Penalties), the Commission shall within 30 days of receipt of the order refund to the person assessed all or part of the escrowed amount, with interest from the date of payment into escrow to the date of the refund at the prevailing Department of the Treasury rate.(d) If the review results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the difference to the Commission within 15 days after the order is mailed to such person.", "sourceNote": "Source Note: The provisions of this §12.694 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8125", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.696", "label": "When an Individual Civil Penalty May Be Assessed" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8130", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsection (b) of this section, the Commission may assess an individual civil penalty against any corporate director, officer, or agent of a corporate permittee who knowingly and willfully authorized, ordered, or carried out a violation, failure, or refusal.(b) The Commission shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the Commission to the corporate permittee for the violation, and the cessation order has remained unabated for 30 days.", "sourceNote": "Source Note: The provisions of this §12.696 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8130", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.697", "label": "Amount of Individual Civil Penalty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8131", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In determining the amount of an individual civil penalty assessed under §12.696 of this title (relating to When an Individual Civil Penalty May Be Assessed), the Commission shall consider the criteria specified in §§134.174-134.181 of the Act, including:(1) the individual's history of authorizing, ordering, or carrying out previous violations, failures, or refusals at the particular surface coal mining operation;(2) the seriousness of the violation, failure, or refusal (as indicated by the extent of damage and/or the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public; and(3) the demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure, or refusal.(b) The penalty shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed a separate violation and the Commission may assess a separate individual civil penalty for each day the violation, failure, or refusal continues, from the date of service of the underlying notice of violation, cessation order, or other order incorporated in a final decision issued by the Commission, until abatement or compliance is achieved.", "sourceNote": "Source Note: The provisions of this §12.697 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8131", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.698", "label": "Procedure for Assessment of Civil Individual Penalty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8132", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice. The Commission shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.(b) Final order and opportunity for review. The notice of proposed individual civil penalty assessment shall become a final order of the Commission 30 days after service upon the individual unless:(1) the individual files within 30 days of service of the notice of proposed individual civil penalty assessment a request for a hearing in accordance with §12.693 of this title (relating to Request For Hearing); or(2) the Commission and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure, or refusal.(c) Service. For purposes of this section, service shall be performed on the individual to be assessed an individual civil penalty by certified mail, or by any alternative means consistent with the rules governing service of a summons and complaint under Texas Rules of Civil Procedure 21a. Service shall be complete upon tender of the notice of proposed assessment and included information or of the certified mail and shall not be deemed incomplete because of refusal to accept.", "sourceNote": "Source Note: The provisions of this §12.698 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8132", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "L", "label": "PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES" }, "rule": { "number": "§12.699", "label": "Payment of Penalty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8133", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No abatement or appeal. If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order.(b) Requests for appeal. If an individual named in a notice of proposed individual civil penalty assessment files a request for a hearing in accordance with §12.693 of this title (relating to Request for Hearing), the penalty shall be due upon the issuance of a final order affirming, increasing, or decreasing the proposed penalty.(c) Abatement agreement. Where the Commission and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final order from the Commission stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.", "sourceNote": "Source Note: The provisions of this §12.699 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8133", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.700", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8134", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section and §§12.702-12.710 of this title (relating to Training, Examination, and Certification of Blasters) is to provide procedures for the training, examination, and certification of blasters for mining operations regulated by the Commission.(b) The scope of this section and §§12.702-12.710 of this title (relating to Training, Examination, and Certification of Blasters) includes the training and examination of blasters; the issuance, renewal, reissuance, suspension and revocation of Commission blaster certificates; and the replacement of lost or destroyed certificates. It governs the reciprocity rights extended by the Commission to the holders of valid blaster certificates issued by other qualified jurisdictions.(c) The adoption and implementation of this section and §§12.702-12.710 of this title (relating to Training, Examination, and Certification of Blasters) are not intended to and shall not in any manner subject the Commission, its agents, or persons who may contract with the Commission, to liability for the actions or negligence of individuals trained, examined, or certified as blasters by the Commission.", "sourceNote": "Source Note: The provisions of this §12.700 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8134", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.702", "label": "General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8135", "queryAsDate": "03/11/2026" }, "ruleBody": "To qualify for blaster certification by the Commission, a person must satisfy the following requirements:(1) Age.(A) An applicant may not be younger than 20 years of age; and(B) an applicant may not be younger than 21 years of age at the time of blaster certification.(2) Knowledge.(A) An applicant shall be competent, possess practical knowledge of blasting techniques, and understand the hazards associated with the handling, transportation, storage and use of explosives; and(B) an applicant shall have a history of conduct consistent with the acceptance of responsibility for blasting operations.(3) Experience.(A) In the 3 years prior to application, an applicant shall have been qualified and worked as a blaster or as a member of a blasting crew under the direction of a blaster for the following cumulative lengths of time:(i) 24 months, for certificate issuance; or(ii) 12 months, for certificate renewal or reissuance; and(B) an applicant shall not be subject to suspension, revocation or other action by any qualified blaster certification justification or by any other jurisdiction that issues blaster licenses or permits.(4) Training. An applicant shall have received on-the-job training, completed a qualified training course, and obtained satisfactory evidence of having completed the training requirements specified in §12.703 of this title (relating to Training).", "sourceNote": "Source Note: The provisions of this §12.702 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8135", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.703", "label": "Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8136", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On-the-job training. Except as provided in §12.706 of this title (relating to Examination) for reexamination, each applicant who does not qualify as a blaster shall have:(1) received on-the-job training, including practical field experience in blasting operations, from a blaster for 2 out of 3 years preceding the submission of his or her application; and(2) obtained from the blaster satisfactory evidence of the required on-the-job training.(b) Training Course.(1) Except as provided in §12.706 of this title (relating to Examination) for reexamination, each applicant for the issuance of a Commission Blaster Certificate shall, within 2 years prior to application, have completed a training course as follows:(A) for certificate issuance, the course shall cover the technical aspects of blasting operations and state and federal laws governing the storage, use and transportation of explosives, including the topics specified in §12.704 of this title (relating to Training Courses); or(B) for certificate reissuance, the course shall cover any significant changes that have occurred in the topics specified in §12.704 of this title (relating to Training Courses) since the applicant last completed a course that was accepted by the Commission for the issuance or reissuance of a Commission blaster certificate. The Commission may waive this requirement if it determines that no significant changes have occurred.(2) The applicant shall provide satisfactory evidence of the required completed training.", "sourceNote": "Source Note: The provisions of this §12.703 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8136", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.704", "label": "Training Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8137", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall offer or contract for courses of instruction for the purpose of providing training under §§12.700, 12.702, and 12.703, this section, and §§12.705-12.710 of this title (relating to Training, Examination, and Certification of Blasters) to qualified persons, including study of the following:(1) Explosives.(A) Selection of the type of explosive to be used;(B) Determination of the properties of explosives which will produce desired results at an acceptable level of risk; and(C) Handling, transportation and storage of explosives.(2) Blast designs.(A) Geologic and topographic considerations;(B) Design of blasthole, with critical dimensions;(C) Pattern design, field layout, and timing of blastholes; and(D) Field applications.(3) Loading blastholes.(A) Priming; and(B) Boostering.(4) Initiation systems.(5) Blasting machines.(6) Blasting vibrations, airblast and flyrock.(A) Monitoring techniques; and(B) Methods to control adverse effects.(7) Secondary blasting applications.(8) Current state and federal regulations.(9) Blasting records.(10) Blasting schedules.(11) Pre-blasting surveys.(A) Availability;(B) Coverage; and(C) Use of in-blast design.(12) Blasting-plan requirements.(13) Training and certification.(14) Signs, warning signals, and site control.(15) Unpredictable hazards.(A) Lightning;(B) Stray currents;(C) Radio waves; and(D) Misfires.(b) For the purposes of §§12.700, 12.702, and 12.703, this section, and §§12.705-12.710 of this title (relating to Training, Examination, and Certification of Blasters), the Commission may recognize pertinent training courses provided by other qualified jurisdictions or by accredited agencies or schools. These training courses must provide and require completion of the subjects listed in subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §12.704 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8137", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.705", "label": "Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8138", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Surface Mining and Reclamation Division shall make available to persons seeking Commission blaster certification or training an application form and instructions for its completion.(b) Completed application forms, including required fees and any applicable supporting evidence or other attachments, shall be received by the Director of the Surface Mining and Reclamation Division in accordance with the following schedules:(1) for certificate issuance, not less than 60 days before the date on which the applicant desires to take a previously scheduled examination;(2) for certificate renewal, not less than 60 days before the expiration date of the applicant's current certificate;(3) for certificate reissuance, not less than 60 days before the date on which the applicant desires to take a previously scheduled examination;(4) for certificate issuance or renewal under reciprocity, not less than 90 days before the expiration date of the applicant's current certificate issued by another qualified jurisdiction; or(5) for blaster training courses, not less than 30 days before the first day of a course.(6) for good cause shown by an applicant, the Commission may consider a waiver of a time schedule required by this subsection, upon the recommendation of the Director of the Surface Mining and Reclamation Division.(c) (Reserved.)(d) Upon receiving and reviewing an application, the Director of the Surface Mining and Reclamation Division shall:(1) notify the applicant of the receipt of the application and any deficiency noted;(2) notify the applicant that a request for admission to a scheduled examination is granted or denied; and(3) notify the applicant regarding a failure to qualify for blaster certification under §12.700, §§12.702-12.704, this section, and §§12.706-12.710 of this title (relating to Training, Examination, and Certification of Blasters).", "sourceNote": "Source Note: The provisions of this §12.705 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8138", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.706", "label": "Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8139", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each applicant for the issuance or reissuance of a Commission Blaster Certificate shall pass a written examination of the technical aspects of blasting operations and state and federal laws and regulations governing the storage, use, and transportation of explosives.(1) The examination shall be periodically scheduled and administered by the Surface Mining and Reclamation Division, or by persons or agencies contracted to provide such services for the Commission.(2) The examination shall, at a minimum, cover the topics specified in §12.704 of this title (relating to Training Courses) and shall include:(A) objective questions;(B) blasting log problems; and(C) initiation-system and delay-sequence problems.(b) Any person who fails to achieve a satisfactory score on the examination may apply for reexamination by submitting a new application.(1) No person may take the examination more than 3 times in any 12-month period.(2) The Commission may reject the pending application of any applicant who fails to take a scheduled examination, except where the applicant establishes good cause.(3) Any person who fails to achieve a satisfactory score on the examination and submits a new application within 2 years of completing training as provided in §12.703 of this title (relating to Training) shall not be required to repeat the training.", "sourceNote": "Source Note: The provisions of this §12.706 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.707", "label": "Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "24244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall issue a Commission Blaster Certificate to those applicants examined and found to meet the requirements of §12.700, §§12.702-12.706, this section, and §§12.708-12.710 of this title (relating to Training, Examination, and Certification of Blasters) for accepting responsibility for blasting operations in mining operations regulated by the Commission. Blaster certifications shall expire as follows:(1) certificate issuance--3 years after issue date;(2) certificate renewal--3 years after the expiration date of the certificate being renewed;(3) certificate reissuance--3 years after issue date;(4) certificate replacement--Same expiration date as certificate being replaced; and(5) certificate issued under reciprocity--Same expiration date as that of the qualified jurisdiction certification for which reciprocity rights are granted by the Commission.(b) The conditions for maintaining blaster certification shall include:(1) certified blasters shall not assign or transfer certifications;(2) certified blasters shall immediately exhibit certifications to any authorized representative of the Commission upon request;(3) certified blasters shall protect certifications from loss, theft or unauthorized duplication, and immediately report any such occurrences to the Director of the Surface Mining and Reclamation Division;(4) certified blasters shall not delegate their responsibility for surface mining blasting operations to any individual who is not a certified blaster;(5) certified blasters shall complete a Commission-administered refresher course at least once every three years;(6) certified blasters shall notify the Commission in writing within 30 days of any change in address; and(7) certified blasters shall immediately surrender Commission Blaster Certificates to an authorized representative of the Commission upon notice of suspension or revocation or other good cause.(c) The Commission, when practicable, following written notice and opportunity for a hearing, may, and upon a finding of willful conduct, shall immediately suspend or revoke the certification of any blaster or take other necessary action for any of the following reasons:(1) noncompliance with any order of the Commission;(2) unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs;(3) violation of any provision of state, federal or local explosives statutes or regulations; or(4) providing false information or any misrepresentation of fact to obtain blaster certifications.(d) If advance notice and opportunity for hearing cannot be provided, an opportunity for hearing shall be provided as soon as practical following the suspension, revocation, or other adverse action.", "sourceNote": "Source Note: The provisions of this §12.707 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=24244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "24244", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.708", "label": "Recertification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "399", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may require the reexamination, training or other demonstration of competency under §12.700, §§12.702-12.707, this section, and §§12.709 and 12.710 of this title (relating to Training, Examination, and Certification of Blasters) upon a determination pursuant to an investigation of a blasting or blasting-related violation involving a certified blaster.(b) The Commission may exchange information with other qualified jurisdictions regarding the status of blasters involved in any mining exploration or mining operation regulated by the Commission.", "sourceNote": "Source Note: The provisions of this §12.708 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "399", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.709", "label": "Reciprocity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8140", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may grant a Commission Blaster Certificate to any qualified applicant who demonstrates valid current blaster certification from another qualified jurisdiction.(b) Any person who holds a valid Commission Blaster Certificate issued under reciprocity may qualify for a subsequent certificate either through reciprocity or by meeting the other applicable requirements of §12.700, §§12.702-12.708, this section, and §12.710 of this title (relating to Training, Examination, and Certification of Blasters).(c) The conditions for maintaining certification through reciprocity shall be the same as those set out in §12.707 of this title (relating to Certification).", "sourceNote": "Source Note: The provisions of this §12.709 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8140", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "M", "label": "TRAINING" }, "rule": { "number": "§12.710", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8119", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than 180 days after the effective date of this section, §12.700, and §§12.702-12.709 of this title (relating to Training, Examination, and Certification of Blasters), each person who is directly responsible for the use of explosives in mining operations regulated by the Commission shall possess a valid Commission Blaster Certificate as required by this chapter (relating to Coal Mining Regulations).(b) Upon the adoption of this section, §12.700, and §§12.702-12.709 of this title (relating to Training, Examination, and Certification of Blasters) by the Commission, the Director of the Surface Mining and Reclamation Division shall compile a listing from permittees of the names and qualifications of persons directly responsible for the use of explosives in mining operations regulated by the Commission. The purpose of the listing is to facilitate statewide operator compliance with this section, §12.700, and §§12.702-12.709 of this title (relating to Training, Examination, and Certification of Blasters).(c) The Director of the Surface Mining and Reclamation Division is authorized to consider the feasibility of making the services of this section, §§12.700, and §§12.702-12.709 of this title (relating to Training, Examination, and Certification of Blasters) available at reasonable cost to other state agencies, municipalities, and individuals and industries involved with the use of explosives.", "sourceNote": "Source Note: The provisions of this §12.710 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8119", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.800", "label": "Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197236", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall:(1) participate in the Abandoned Mine Land Reclamation Program through the establishment of the Texas Abandoned Mine Program;(2) establish the Texas Abandoned Mine Reclamation Fund for use in conducting the Texas Abandoned Mine Program; and(3) request, receive and administer grant monies for use in this program.", "sourceNote": "Source Note: The provisions of this §12.800 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197236", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.801", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197237", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter (relating to the Texas Abandoned Mine Land Reclamation Program), shall have the following meanings unless the context clearly indicates otherwise:(1) Abandoned Mine Reclamation Fund or Fund--A special fund established by the United States Treasury for the purpose of accumulating revenues designated for reclamation of abandoned mine lands and other activities authorized by Title IV of the Federal Act.(2) Director--The Director of the Office of Surface Mining Reclamation and Enforcement, or the Director's representative.(3) Eligible lands and water--Land and water eligible for reclamation or drainage abatement expenditures which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes and left or abandoned in either an unreclaimed or inadequately reclaimed condition prior to August 3, 1977, and for which there is no continuing reclamation responsibility. Lands and water damaged by coal mining operations after August 3, 1977, and on or before November 5, 1990, may also be eligible for reclamation if they meet the requirements specified in §12.803 of this title (relating to Eligible Coal Lands and Water). Following certification of the completion of all known coal problems, eligible lands and water for noncoal reclamation purposes shall be those sites that meet the requirements specified in §§12.808, 12.809, 12.810, and 12.811 of this title (relating to Eligible Noncoal Lands and Water; Reclamation Priorities for Noncoal Program; Exclusion of Certain Noncoal Reclamation Sites; and Land Acquisition Authority - Noncoal, respectively). For additional eligibility requirements for water projects, see §12.805 of this title (relating to Water Supply Restoration), and for lands affected by remining operations, see Section 404 of the Federal Act.(4) Emergency--A sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety or general welfare of people before the danger can be abated under normal program operation procedures.(5) Extreme danger--A condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed.(6) Left or abandoned in either an unreclaimed or inadequately reclaimed condition--Lands and water:(A) which were mined or which were affected by such mining, wastebanks, processing or other mining processes prior to August 3, 1977, or between August 3, 1977 and November 5, 1990, as authorized pursuant to Section 402(g)(4) of the Federal Act, and on which all mining has ceased;(B) which continue in their present condition to substantially degrade the quality of the environment, prevent or damage the beneficial use of the land or water resources, or endanger the health or safety of the public; and(C) for which there is no continuing reclamation responsibility under state or federal laws, except as provided in Sections 402(g)(4) and 403(b)(2) of the Federal Act.(7) OSMRE--The Office of Surface Mining Reclamation and Enforcement.(8) Permanent facility--Any structure that is built, installed, or established to serve a particular purpose, or any manipulation or modification of the surface that is designed to remain after the reclamation activity is completed, such as a relocated stream channel or diversion ditch.(9) Project--A delineated area containing one or more abandoned mine land problems. A project may be a group of related reclamation activities with a common objective within a political subdivision of the state or within a logical, geographically defined area, such as a watershed, conservation district, or county planning area.(10) Reclamation activity--The reclamation, abatement, control, or prevention of adverse effects of past mining.(11) Secretary--The United States Secretary of the Interior.(12) State reclamation program--A program established by the state in accordance with this chapter for reclamation of lands and water adversely affected by past mining, including the reclamation plan and annual applications for grants.(13) Texas Abandoned Mine Reclamation Fund or State Fund--A separate account established by the state for the purpose of accounting for moneys granted by the Director under an approved state reclamation program and other moneys authorized by these regulations to be deposited in the Fund.", "sourceNote": "Source Note: The provisions of this §12.801 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197237", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.802", "label": "Texas Abandoned Mine Reclamation Fund" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197238", "queryAsDate": "03/11/2026" }, "ruleBody": "Revenue to the Fund shall include:(1) amounts granted to the state by OSMRE for the purpose of conducting the Texas Abandoned Mine Reclamation Plan;(2) moneys collected by the state from charges for uses of land acquired or reclaimed with moneys from the Fund;(3) moneys recovered by the state through the satisfaction of liens filed against privately owned lands reclaimed with moneys from the Fund;(4) moneys recovered by the state from the sale of lands acquired with moneys from the Fund; and(5) such other moneys as the state decides should be deposited in the Fund for use in carrying out the Texas Abandoned Mine Reclamation Program.", "sourceNote": "Source Note: The provisions of this §12.802 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197238", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.803", "label": "Eligible Coal Lands and Water" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Coal mined lands and associated waters shall be eligible for reclamation activities if:(1) they were mined for coal or affected by coal mining processes;(2) they were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition;(3) there is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the state or federal government, or the state as a result of bond forfeiture. Bond forfeiture shall render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the Texas Abandoned Mine Land Fund or any prior balance replacement funds may be used.(b) Notwithstanding subsection (a) of this section, coal lands and waters in the state damaged and abandoned after August 3, 1977, by coal mining processes shall also be eligible for funding if the Secretary finds in writing that:(1) they were mined for coal or affected by coal mining processes; and(2) the mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977, and either:(A) the date on which the Secretary approved the state regulatory program pursuant to Section 503 of the Federal Act, and that any funds for reclamation or abatement that are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or(B) November 5, 1990, and that the surety of the mining operator became insolvent during such period, and that, as of November 5, 1990, funds immediately available from proceedings relating to such insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site; and(3) the site qualifies as a priority 1 or 2 site pursuant to Section 403(a)(1) and (2) of the Federal Act. Priority shall be given to those sites that are in the immediate vicinity of a residential area or that have an adverse economic impact upon a community.(c) The Commission may expend funds made available under paragraphs 402(g)(1) and (5) of the Federal Act for reclamation and abatement of any site eligible under subsection (b) of this section if the Commission, with the concurrence of the Secretary, makes the findings required in subsection (b) of this section and the Commission determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for the lands and water eligible pursuant to subsection (a) of this section that qualify as a priority 1 or 2 site under Section 403(a) of the Federal Act.(d) With respect to lands eligible pursuant to subsection (b) or (c) of this section, moneys available from sources outside the Abandoned Mine Reclamation Fund or that are ultimately recovered from responsible parties shall either be used to offset the cost of the reclamation or transferred to the Abandoned Mine Reclamation Fund if not required for further reclamation activities at the permitted site.(e) If reclamation of a site covered by an interim or permanent program permit is carried out under the Abandoned Mine Land Program, the permittee of the site shall reimburse the Abandoned Mine Reclamation Fund for the cost of reclamation that is in excess of any bond forfeited to ensure reclamation. Neither the Secretary nor the Commission performing reclamation under subsection (b) or (c) of this section shall be held liable for any violations of any performance standards or reclamation requirements specified in Title V of the Federal Act nor shall a reclamation activity undertaken on such lands or waters be held to any standards set forth in Title V of the Federal Act or Subchapter K of the State Act.(f) Surface coal mining operations on lands eligible for remining pursuant to Section 404 of the Federal Act shall not affect the eligibility of such lands for reclamation activities after the release of the bonds or deposits posted by any such operation as provided by §12.312 and §12.313 of this title (relating to Procedure for Seeking Release of Performance Bond, and Criteria and Schedule for Release of Performance Bond). If the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, funds available under this title may be used if the amount of such bond or deposit is not sufficient to provide for adequate reclamation or abatement.", "sourceNote": "Source Note: The provisions of this §12.803 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197239", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.804", "label": "Reclamation Objectives and Priorities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197240", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reclamation projects should be accomplished in accordance with OSMRE's \"Final Guidelines for Reclamation Programs and Projects\" (66 Federal Register 31250, June 11, 2001). (b) Reclamation project expenditures shall reflect the priorities of Section 403(a) of the Federal Act in the order stated: (1) Priority 1: The protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices, including the restoration of land and water resources and the environment that: (A) have been degraded by the adverse effects of coal mining practices; and (B) are adjacent to a site that has been or will be addressed to protect the public health, safety, and property from extreme danger of adverse effects of coal mining practices. (2) Priority 2: The protection of public health and safety from adverse effects of coal mining practices, including the restoration of land and water resources and the environment that: (A) have been degraded by the adverse effects of coal mining practices; and (B) are adjacent to a site that has been or will be addressed to protect the public health and safety from adverse effects of coal mining practices. (3) Priority 3: The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity. Priority 3 land and water resources that are geographically contiguous with existing or remediated Priority 1 or 2 problems will be considered adjacent under paragraphs (1)(B) or (2)(B) of this subsection. (c) Generally, projects lower than a Priority 2 should not be undertaken until all known higher priority coal projects either have been accomplished, are in the process of being reclaimed, or have been approved for funding by the Secretary, except in those instances where such lower priority projects may be undertaken in conjunction with a Priority 1 or 2 site in accordance with OSMRE's \"Final Guidelines for Reclamation Programs and Projects.\"", "sourceNote": "Source Note: The provisions of this §12.804 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197240", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.805", "label": "Water Supply Restoration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197241", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Water supply restoration projects are those that protect, repair, replace, construct, or enhance facilities related to water supplies, including water distribution facilities and treatment plants that have been adversely affected by coal mining practices. If the adverse effect on water supplies referred to in this section occurred both prior to and after August 3, 1977, the project shall remain eligible, notwithstanding the criteria specified in §12.803 of this title (relating to Eligible Coal Lands and Water), if the Commission finds in writing, as part of its eligibility opinion, that such adverse effects are due predominately to effects of mining processes undertaken and abandoned prior to August 3, 1977.(b) Enhancement of facilities or utilities under this section shall include upgrading necessary to meet any local, state, or federal public health or safety requirement. Enhancement shall not include any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem.", "sourceNote": "Source Note: The provisions of this §12.805 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197241", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.806", "label": "Limited Liability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197242", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall not be liable under any provision of federal law for any costs or damages as a result of action taken or omitted in the course of carrying out an approved Commission abandoned mine reclamation plan. This section shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the Commission. For purposes of this section, reckless, willful, or wanton misconduct shall constitute gross negligence or intentional misconduct.", "sourceNote": "Source Note: The provisions of this §12.806 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197242", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.807", "label": "Contractor Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197243", "queryAsDate": "03/11/2026" }, "ruleBody": "To receive abandoned mine land (AML) funds, every successful bidder for an AML contract must be eligible under §12.215 of this title (relating to Review of Permit Applications) at the time of contract award to receive a permit or conditional permit to conduct surface coal mining operations. Bidder eligibility must be confirmed by OSMRE's automated Applicant/Violator System for each contract to be awarded.", "sourceNote": "Source Note: The provisions of this §12.807 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197243", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.808", "label": "Eligible Noncoal Lands and Water" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Following certification by the Commission of the completion of all known coal projects and the Director's concurrence in such certification, eligible noncoal lands, waters, and facilities shall be those:(1) which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to August 3, 1977; and(2) for which there is no continuing reclamation responsibility under state or other federal laws.(b) If eligible coal problems are found or occur after certification, the Commission shall submit to OSMRE a plan that describes the approach and funds that will be used to address those problems in a timely manner. Any coal projects shall be subject to the coal provisions specified in Sections 401 through 410 of the Federal Act.", "sourceNote": "Source Note: The provisions of this §12.808 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197244", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.809", "label": "Reclamation Priorities for Noncoal Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=65569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "65569", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to reclamation projects involving the restoration of lands and water adversely affected by past mineral mining; projects involving the protection, repair, replacement, construction, or enhancement of utilities (such as those relating to water supply, roads, and other such facilities serving the public adversely affected by mineral mining and processing practices); and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices.(b) Following certification by the Commission of the completion of all known coal projects, the projects and construction of public facilities identified in subsection (a) of this section shall reflect the following priorities in the order stated:(1) the protection of public health, safety, general welfare, and property from the extreme danger of adverse effects of mineral mining and processing practices;(2) the protection of public health, safety, and general welfare from the adverse effects of mineral mining and processing practices; and(3) the restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.(c) Enhancement of facilities or utilities shall include upgrading necessary to meet local, state, or federal public health or safety requirements. Enhancement shall not include any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem.(d) Notwithstanding subsection (a) of this section, if the governor determines that there is a need for activities or construction of specific public facilities related to the coal or minerals industry, and the governor or the Commission at the governor's request submits a grant application as specified in subsection (e) of this section and the Director concurs with the application submitted under subsection (e) of this section, the Director may grant funds made available under Section 402(g)(1) of the Federal Act, 30 U.S.C. 1232, to carry out such activities or construction.(e) To qualify for funding pursuant to the authority in subsection (d) of this section, the governor, or the Commission at the governor's request, must submit a grant application that specifically sets forth:(1) the need or urgency for the activity or the construction of the public facility;(2) the expected impact the project will have on the coal or minerals industry in the state;(3) the availability of funding from other sources and, if other funding is provided, its percentage of the total costs involved;(4) documentation from other local, state, and federal agencies with oversight for such utilities or facilities regarding what funding resources they have available and why this specific project is not being fully funded by those agencies;(5) the impact on the state, the public, and the minerals industry if the activity or facility is not funded;(6) the reason why this project should be selected before a priority project relating to the protection of the public health and safety or the environment from the damages caused by past mining activities; and(7) an analysis and review of the procedures used by the Commission to notify and involve the public in this funding request and a copy of all comments received and their resolution by the Commission.", "sourceNote": "Source Note: The provisions of this §12.809 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=65569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "65569", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.810", "label": "Exclusion of Certain Noncoal Reclamation Sites" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197245", "queryAsDate": "03/11/2026" }, "ruleBody": "Money from the Fund shall not be used for the reclamation of sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901, et seq.) or that have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601, et seq.).", "sourceNote": "Source Note: The provisions of this §12.810 adopted to be effective August 17, 1999, 24 TexReg 6283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197245", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.811", "label": "Land Acquisition Authority - Noncoal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197246", "queryAsDate": "03/11/2026" }, "ruleBody": "The requirements specified in §§12.813, 12.814, and 12.818 - 12.823 of this title (relating to Written Consent for Entry; Entry and Consent to Reclaim; Entry for Emergency Reclamation; Land Eligible for Acquisition; Procedures for Acquisition; Acceptance of Gifts of Land; Management of Acquired Land; and Disposition of Reclaimed Lands, respectively) shall apply to the Commission's noncoal program except that, for purposes of this section, the references to coal shall not apply. In lieu of the term coal, the word noncoal should be used.", "sourceNote": "Source Note: The provisions of this §12.811 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197246", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.812", "label": "Lien Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=65572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "65572", "queryAsDate": "03/11/2026" }, "ruleBody": "The lien requirements in §§12.815 - 12.817 of this title (relating to Appraisals; Liens; and Satisfaction of Liens, respectively), shall apply to the Commission's noncoal reclamation program under §12.808 of this title (relating to Eligible Noncoal Lands and Water), except that for purposes of this section, references made to coal shall not apply. In lieu of the term coal, the word noncoal should be used.", "sourceNote": "Source Note: The provisions of this §12.812 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=65572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "65572", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.813", "label": "Written Consent for Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197247", "queryAsDate": "03/11/2026" }, "ruleBody": "Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power shall be undertaken only after reasonable efforts have been made to obtain written consent.", "sourceNote": "Source Note: The provisions of this §12.813 adopted to be effective August 17, 1999, 24 TexReg 6283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197247", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.814", "label": "Entry and Consent to Reclaim" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission, its agents, employees, or contractors may enter land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained pursuant to §12.813 of this title (relating to Written Consent for Entry).(b) The Commission shall be entitled to enter any property to conduct studies or exploratory work to determine:(1) the existence of adverse effects of past coal mining practices; and(2) the feasibility of restoration, reclamation, abatement, control, or prevention of those adverse effects.(c) The Commission shall be entitled to enter property adversely affected by past coal mining practices or other property necessary to have access to that property to perform the activities necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects if the Commission:(1) makes a finding of fact that:(A) land or water resources have been adversely affected by past coal mining practices;(B) the adverse effects are at a stage at which action to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices should be taken to protect the public interest; and(C) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices either are not known or readily available or will not permit this state or a political subdivision to enter the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices; and(2) gives written notice of intent to enter at least 30 days prior to entering the property:(A) to the owner, if known, by certified mail, return receipt requested. A copy of the findings required under paragraph (1) shall be included with the notice; or(B) if the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one or more places on the property to be entered where the notice is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement of where the findings required under paragraph (1) of this subsection may be inspected or obtained.", "sourceNote": "Source Note: The provisions of this §12.814 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197248", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.815", "label": "Appraisals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197249", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A notarized appraisal of the fair market value of private land to be reclaimed shall be obtained from an independent professional appraiser except as noted in subsection (d) of this section. Such appraisal shall meet the quality of appraisal practices found in the Uniform Appraisal Standards for Federal Land Acquisitions. The appraisal shall be obtained before any reclamation activities are started, unless the work must start without delay to abate an emergency. The appraisal shall state the estimated fair market value of the land as adversely affected by past mining and the estimated fair market value of the property as reclaimed. Where an emergency exists the appraisal shall be completed at the earliest practical time and before related nonemergency work is commenced.(b) An appraisal of the fair market value of all land reclaimed shall be obtained after all reclamation activities have been completed. The appraisal shall comply with subsection (a) of this section and shall state the market value of the land reclaimed.(c) The landowner shall receive a statement of the increase in market value, an itemized statement of reclamation expenses, and notices that a lien will or will not be filed against the property.(d) Appraisals for privately owned land described in §12.816 of this title (relating to Liens) may be obtained from either an independent or staff professional appraiser.", "sourceNote": "Source Note: The provisions of this §12.815 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197249", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.816", "label": "Liens" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "400", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than six months after the date any projects to reclaim privately owned land are completed, the Commission:(1) shall itemize the money spent; and(2) may file a statement of the money spent with the clerk of the county in which the land lies, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of the adverse effects of past mining practices if the money spent will result in a significant increase in property value. However, prior to the time of the actual filing of a lien, the landowner shall be notified of the amount of the proposed lien and shall be allowed a reasonable time to repay that amount instead of allowing the lien to be filed against the property involved.(b) The statement shall be a lien on the land second only to a property tax lien. The amount of the lien shall not exceed the amount determined by either of two appraisals, as provided under §12.815 of this title (relating to Appraisals), to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past mining practices.(c) A lien shall not be filed under this section against the property of a person who did not consent to, participate in, or exercise control over the mining operation that necessitated the reclamation performed under this chapter.(d) Not later than the 60th day after the date the lien is filed, an affected landowner may petition the Commission for a hearing on the amount of the lien. The hearing and any appeal shall be conducted pursuant to Chapter 2001, Government Code.(e) The Commission may waive the lien if:(1) the cost of filing it, including indirect costs, exceeds the increase in fair market value as a result of reclamation activities; or(2) the reclamation work performed on private land primarily benefits health, safety, and environmental values of the grantee's community or area in which the land is located, or if reclamation is necessitated by an unforeseen occurrence and the work performed to restore the land will not result in a significant increase in the market value of the land as it existed immediately before the occurrence.", "sourceNote": "Source Note: The provisions of this §12.816 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective November 12, 2007, 32 TexReg 8124; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "400", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.817", "label": "Satisfaction of Liens" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197250", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A lien placed on private property shall be satisfied, to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this section. Testate and intestate transfers are excluded from this rule.(b) The Commission shall maintain or renew liens from time to time as may be required.(c) Moneys derived from the satisfaction of liens established under this subchapter (relating to Texas Abandoned Mine Land Reclamation Program) shall be deposited in the Texas Abandoned Mine Reclamation Fund.", "sourceNote": "Source Note: The provisions of this §12.817 adopted to be effective April 7, 1997, 22 TexReg 3093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197250", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.818", "label": "Entry for Emergency Reclamation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may enter land where an emergency exists and other land necessary to have access to that land to:(1) restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices; and(2) perform activities necessary or expedient to protect the public health, safety, or general welfare.(b) Entry under this section shall be considered an exercise of the police power and not an act of condemnation of property or trespass.", "sourceNote": "Source Note: The provisions of this §12.818 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197251", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.819", "label": "Land Eligible for Acquisition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This state may acquire by purchase, donation, or condemnation land that is adversely affected by past coal mining practices if:(1) it is in the public interest; and(2) the Commission determines and makes written findings that:(A) acquiring the land is necessary for successful reclamation;(B) the acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will:(i) serve recreational and historical purposes;(ii) serve conservation and reclamation purposes; or(iii) provide open space benefits; and(C) permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices or public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.(b) OSMRE shall approve the acquisition by purchase or condemnation in advance. The Commission shall acquire only such interests in land under this subchapter as are necessary for the reclamation work planned or the postreclamation use of the land. Interests in improvements on the land, mineral rights, or associated water rights may be acquired if:(1) such interests are necessary for the reclamation work planned or for the postreclamation use of the land; and(2) adequate written assurances cannot be obtained from the owner of the severed interest that future use will not be in conflict with the reclamation to be accomplished.(c) If approved in advance by OSMRE, this state may also acquire coal refuse disposal sites, including the coal refuse, with moneys from the Texas Abandoned Mine Reclamation Fund and with prior balance replacement funds and certified in lieu funds. Before the approval of the acquisition, the Commission shall make a written finding that the acquisition is necessary for successful reclamation and will serve the purposes of the reclamation program.", "sourceNote": "Source Note: The provisions of this §12.819 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197252", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.820", "label": "Procedures for Acquisition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197253", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An appraisal of the fair market value of all land or interest in land to be acquired shall be obtained by the Commission. The appraisal shall state the fair market value of the land as adversely affected by past mining.(b) When practical, acquisition shall be by purchase from a willing seller. The amount paid for land or interests in land acquired shall reflect the fair market value of the land or interests in land as adversely affected by past mining.(c) When necessary, land or interests in land may be acquired by condemnation. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.(d) The Commission, when acquiring land under this title, shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., and 41 CFR Part 114-50.", "sourceNote": "Source Note: The provisions of this §12.820 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197253", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.821", "label": "Acceptance of Gifts of Land" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission under an approved reclamation plan may accept donations of title to land or interests in land if the land proposed for donation meets the requirements set out in §12.819 of this title (relating to Land Eligible for Acquisition).(b) Offers to make a gift of land or interest in land to the Commission shall be in writing and shall include:(1) a statement of the interest which is being offered;(2) a legal description of the land and a description of any improvements on it;(3) a description of any limitations on the title or conditions as to the use or disposition of the land existing or to be imposed by the donor;(4) a statement that:(A) the donor is the record owner of the interest being offered;(B) the interest offered is free and clear of all encumbrances except as clearly stated in the offer;(C) there are no adverse claims against the interest offered;(D) there are no unredeemed tax deeds outstanding against the interest offered; and(E) there is no continuing responsibility by the operator under state or federal statutory law for reclamation; and(5) an itemization of any unpaid taxes or assessments levied, assessed or due which could operate as a lien on the interest offered.(c) If the offer is accepted, a deed of conveyance shall be executed, acknowledged, and recorded. The deed shall state that the conveyance is made \"as a gift under the Texas Surface Coal Mining and Reclamation Act.\" Title to donated land shall be in the name of the State of Texas.", "sourceNote": "Source Note: The provisions of this §12.821 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197254", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.822", "label": "Management of Acquired Land" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197255", "queryAsDate": "03/11/2026" }, "ruleBody": "Land acquired under this subchapter may be used for any lawful purpose that is consistent with the necessary reclamation activities. Procedures for collection of user charges or the waiver of such charges by the Commission shall provide that all user fees collected shall be deposited in the Texas Abandoned Mine Reclamation Fund.", "sourceNote": "Source Note: The provisions of this §12.822 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197255", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "12", "label": "COAL MINING REGULATIONS" }, "subchapter": { "number": "R", "label": "TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM" }, "rule": { "number": "§12.823", "label": "Disposition of Reclaimed Lands" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212263", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If land acquired under §12.819 of this title (relating to Land Eligible for Acquisition) is considered suitable for industrial, commercial, residential, or recreational development, this state may sell the land by public sale under a system of competitive bidding at not less than fair market value and under any rules adopted to ensure that the land is put to proper use consistent with local plans, if any, as determined by the Commission.(b) The land may be sold only when authorized by the Secretary of the Interior if federal money was involved in the acquisition of the land to be sold.(c) The Commission may transfer administrative responsibility for land acquired under this subchapter (relating to Texas Abandoned Mine Land Reclamation Program) to any agency or political subdivision of the state with or without cost to that agency. The agreement, including amendments, under which a transfer is made shall specify:(1) the purposes for which the land may be used consistent with the authorization under which the land was acquired; and(2) that the administrative responsibility for the land shall revert to the Commission if, at any time in the future, the land is not used for the purposes specified.(d) The Commission, after appropriate public notice and on request, shall hold a public hearing in the county or counties in which land acquired under §12.819 of this title is located. Prior to the disposition of any land acquired under this subchapter, the Commission shall publish a notice of the proposed land disposition.(e) The hearing shall be held at a time that gives residents and local governments maximum opportunity to participate in the decision about the use or disposition of the land after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.(f) All moneys received from disposal of land under this title shall be returned to OSMRE pursuant to 30 CFR §879.15.", "sourceNote": "Source Note: The provisions of this §12.823 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212263", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "A", "label": "SCOPE AND DEFINITIONS" }, "rule": { "number": "§13.1", "label": "Applicability, Severability, and Retroactivity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212264", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Regulations for Compressed Natural Gas in this chapter apply to the design, installation, and operation of compressed natural gas (CNG) systems and equipment, including those used for compression.(b) If any term, clause, or provision of these rules is for any reason declared invalid, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.(c) Nothing in these rules shall be construed as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring licensure.(d) Unless otherwise stated, the rules in this chapter are not retroactive. Any installation of a CNG system shall meet the requirements of this chapter at the time of installation.(e) This chapter shall not apply to:(1) the production, transportation, storage, sale, or distribution of natural gas that is subject to Commission jurisdiction under Subtitle A or B, Title 3, Texas Utilities Code;(2) pipelines, fixtures, equipment, or facilities to the extent that they are subject to the safety regulations promulgated and enforced by the Railroad Commission of Texas pursuant to Natural Resources Code, Chapter 117, or Subchapter E, Chapter 121, Texas Utilities Code; or(3) the design and installation of any CNG system in ships, barges, sailboats, or other types of watercraft. Such installation is subject to the American Board and Yacht Council (ABYC) and any other applicable standards.(f) This chapter shall not apply to vehicles and fuel supply containers that:(1) are manufactured or installed by original equipment manufacturers; and(2) comply with Title 49, Code of Federal Regulations, the Federal Motor Vehicle Safety Standards.(g) Vehicles and fuel supply containers excluded from the requirements of this chapter pursuant to subsection (f) of this section shall comply with the requirements of §13.24 of this title (relating to School Bus, Public Transportation, Mass Transit, and Special Transit Vehicle Installations and Inspections).", "sourceNote": "Source Note: The provisions of this §13.1 adopted to be effective November 15, 1990, 15 TexReg 5934; amended to be effective June 1, 1994, 19 TexReg 3168; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective July 28, 2003, 28 TexReg 5870; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212264", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "A", "label": "SCOPE AND DEFINITIONS" }, "rule": { "number": "§13.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203767", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) AFS‑‑The Commission's Alternative Fuels Safety department within the Commission's Oversight and Safety Division.(2) ASME‑‑American Society of Mechanical Engineers.(3) ASME Code‑‑ASME Boiler and Pressure Vessel Code.(4) Automatic dispenser‑‑A CNG dispenser which is operated by a member of the general public and which requires transaction authorization.(5) Building‑‑A structure with walls and a roof resulting in the structure being totally enclosed.(6) Cascade storage system‑‑Storage in multiple cylinders.(7) Certificate holder-‑An individual:(A) who has passed the required management‑level or employee‑level examination pursuant to §13.70 of this title (relating to Examination and Exempt Registration Requirements and Renewal) and paid applicable fees; or(B) who holds a current examination exemption pursuant to §13.70 of this title.(8) Certified--An individual who is authorized by the Commission to perform the CNG activities covered by the certification issued under §13.70 of this title.(9) CNG‑‑See \"Compressed natural gas\" in this section.(10) CNG cargo tank‑‑A container which complies with ASME or DOT specifications used to transport CNG for delivery.(11) CNG cylinder‑‑A cylinder or other container designed for use or used as part of a CNG system.(12) CNG system‑‑A system of safety devices, cylinders, piping, fittings, valves, compressors, regulators, dryers, gauges, relief devices, vents, installation fixtures, and other CNG equipment intended for use or used in any building or public place by the general public, or used in conjunction with a motor vehicle or mobile fuel system fueled by CNG, and any system or facilities designed to be used or used in the compression, sale, storage, transportation for delivery, or distribution of CNG in portable CNG cylinders, but does not include natural gas facilities, equipment, or pipelines located upstream of the outlet of the natural gas meter.(13) Commercial installation‑‑Any CNG installation located on premises other than a single family dwelling used as a residence, or a private agricultural installation, including but not limited to a retail business establishment, school, convalescent home, hospital, retail CNG cylinder filling/exchange operation, service station, forklift refueling facility, or private motor/mobile fuel cylinder filling operation.(14) Commission‑‑The Railroad Commission of Texas.(15) Company representative‑‑The individual designated to the Commission by a license applicant or a licensee as the principal individual in authority and actively supervising the conduct of the licensee's CNG activities.(16) Compressed natural gas‑‑Natural gas primarily consisting of methane (CH4 ) in gaseous state that is compressed and used, stored, sold, transported, or distributed for use by or through a CNG system.(17) Container‑‑A pressure vessel cylinder or cylinders permanently manifolded together used to store CNG.(18) Cylinder service valve‑‑A hand‑wheel operated valve connected directly to a CNG cylinder.(19) Director‑‑The director of the AFS or the director's delegate.(20) Dispensing installation‑‑A CNG installation that dispenses CNG from any source by any means into fuel supply cylinders installed on vehicles or into portable cylinders.(21) DOT‑‑The United States Department of Transportation.(22) Flexible metal hose‑‑Metal hose made from continuous tubing that is corrugated for flexibility and, if used for pressurized applications, has an external wire braid.(23) Fuel supply cylinder‑‑A cylinder mounted upon a vehicle for storage of CNG as fuel supply to an internal combustion engine.(24) Interim approval order‑‑The authority issued by the Railroad Commission of Texas following a public hearing allowing construction of a CNG installation.(25) Licensed--Authorized by the Commission to perform CNG activities through the issuance of a valid license.(26) Licensee--A person which has applied for and been granted a CNG license by the Commission.(27) Mass transit vehicle‑‑Any vehicle which is owned or operated by a political subdivision of a state, city, or county and primarily used in the conveyance of the general public.(28) Metallic hose‑‑Hose in which the strength of the hose depends primarily on the strength of metallic parts, including liners or covers.(29) Mobile fuel container‑‑A CNG container mounted on a vehicle to store CNG as the fuel supply for uses other than the engine to propel the vehicle, including use in an auxiliary engine.(30) Mobile fuel system‑‑A CNG system which supplies natural gas fuel to an auxiliary engine other than the engine used to propel the vehicle or for other uses on the vehicle.(31) Motor fuel container‑‑A CNG container mounted on a vehicle to store CNG as the fuel supply to an engine used to propel the vehicle.(32) Motor fuel system‑‑A CNG system to supply natural gas as a fuel for an engine used to propel the vehicle.(33) Motor vehicle‑‑A self‑propelled vehicle licensed for highway use or used on a public highway.(34) Operations supervisor--The individual who is certified by the Commission to actively supervise a licensee's CNG activities and is authorized by the licensee to implement operational changes.(35) Outlet‑‑A site operated by a CNG licensee from which any regulated CNG activity is performed.(36) Person‑‑An individual, partnership, firm, joint venture, association, corporation, or any other business entity, a state agency or institution, county, municipality, school district, or other governmental subdivision, or licensee.(37) Point of transfer‑‑The point where the fueling connection is made.(38) Pressure relief device‑‑A device designed to provide a means of venting excess pressure to prevent rupture of a normally charged cylinder.(39) Public transportation vehicle‑‑A vehicle for hire to transport persons, including, but not limited to, taxis, buses (excluding school buses, mass transit, or special transit vehicles), or airport courtesy cars.(40) Pullaway‑‑The accidental separation of a hose from a cylinder, container, transfer equipment, or dispensing equipment, which could occur on a cylinder, container, transfer equipment, or dispensing equipment whether or not they are protected by a pullaway or breakaway device.(41) Registered manufacturer--A person who has applied for and been granted a registration to manufacture CNG containers by the Commission.(42) Residential fueling facility‑‑An assembly and its associated equipment and piping at a residence used for the compression and delivery of natural gas into vehicles.(43) Rules examination--The Commission's written examination that measures an examinee's working knowledge of Texas Natural Resources Code, Chapter 116, and the rules in this chapter.(44) School‑‑A public or private institution which has been accredited through the Texas Education Agency or the Texas Private School Accreditation Commission.(45) School bus‑‑A vehicle that is sold or used for purposes that include carrying students to and from school or related events.(46) Special transit vehicle‑‑A vehicle designed with limited passenger capacity which is used by a mass transit authority for special transit purposes, such as transport of mobility impaired persons.(47) Trainee--An individual who has not yet taken and passed an employee-level rules examination.(48) Transfer system--All piping, fittings, valves, pumps, compressors, meters, hoses, and equipment used in transferring CNG between containers.(49) Transport‑‑Any vehicle or combination of vehicles and CNG cylinders designed or adapted for use or used principally as a means of moving or delivering CNG from one place to another, including, but not limited to, any truck, trailer, semitrailer, cargo tank, or other vehicle used in the distribution of CNG.(50) Ultimate consumer‑‑The person controlling CNG immediately prior to its ignition.", "sourceNote": "Source Note: The provisions of this §13.3 adopted to be effective November 15, 1990, 15 TexReg 5934; amended to be effective October 15, 1993, 18 TexReg 6455; amended to be effective June 1, 1994, 19 TexReg 3168; amended to be effective August 22, 1995, 20 TexReg 6017; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203767", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "A", "label": "SCOPE AND DEFINITIONS" }, "rule": { "number": "§13.4", "label": "CNG Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203768", "queryAsDate": "03/11/2026" }, "ruleBody": "Forms required to be filed with AFS shall be those prescribed by the Commission. A complete set of all required forms shall be posted on the Commission's web site. Notice of any new or amended forms shall be issued by the Commission. A person may file the prescribed form on paper or use any electronic filing process. Any form filed with the Commission shall be completed in its entirety. The Commission may at its discretion accept an earlier version of a prescribed form provided that it contains all required information.", "sourceNote": "Source Note: The provisions of this §13.4 adopted to be effective November 15, 1990, 15 TexReg 5934; amended to be effective October 15, 1993, 18 TexReg 6455; amended to be effective June 1, 1994, 19 TexReg 3168; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203768", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "A", "label": "SCOPE AND DEFINITIONS" }, "rule": { "number": "§13.15", "label": "Penalty Guidelines and Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203776", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging licensees, certificate holders, and registered manufacturers to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective component of the enforcement process. Deterrence of violations through penalty assessments is also a necessary and effective component of the enforcement process. A rule‑based enforcement penalty guideline to evaluate and rank CNG‑related violations is consistent with the central goal of the Commission's enforcement efforts to promote compliance. Penalty guidelines set forth in this section will provide a framework for more uniform and equitable assessment of penalties throughout the state, while also enhancing the integrity of the Commission's enforcement program.(b) Guidelines. This section complies with the requirements of Texas Natural Resources Code, §81.0531. The penalty amounts contained in the tables in this section are provided solely as guidelines to be considered by the Commission in determining the amount of administrative penalties for violations of Texas Natural Resources Code, Chapter 116; of rules, orders, licenses, permits, or certificates relating to CNG safety adopted under those provisions; and of regulations, codes, or standards that the Commission has adopted by reference.(c) Commission authority. The establishment of these penalty guidelines shall in no way limit the Commission's authority and discretion to assess administrative penalties. The typical minimum penalties listed in this section are for the most common violations cited; however, this is neither an exclusive nor an exhaustive list of violations that the Commission may cite. The Commission retains full authority and discretion to cite violations of Texas Natural Resources Code, Chapter 116; of rules, orders, licenses, registrations, permits, or certificates relating to CNG safety adopted or issued under those provisions; and of regulations, codes, or standards that the Commission has adopted by reference, and to assess administrative penalties in any amount up to the statutory maximum when warranted by the facts in any case, regardless of inclusion in or omission from this section.(d) Factors considered. The amount of any penalty requested, recommended, or finally assessed in an enforcement action will be determined on an individual case‑by‑case basis for each violation, taking into consideration the following factors:(1) the person's history of previous violations;(2) the seriousness of the previous violations;(3) any hazard to the health or safety of the public; and(4) the demonstrated good faith of the person charged.(e) Typical penalties. Regardless of the method by which the typical penalty amount is calculated, the total penalty amount will be within the statutory limit. Typical penalties for violations of Texas Natural Resources Code, Chapter 116; of rules, orders, licenses, registrations, permits, or certificates relating to CNG safety adopted under those provisions; and of regulations, codes, or standards that the Commission has adopted by reference, are set forth in Table 1.Attached Graphic(f) Penalty enhancements for certain violations. For violations that involve threatened or actual safety hazards, or that result from the reckless or intentional conduct of the person charged, the Commission may assess an enhancement of the typical penalty. The enhancement may be in any amount in the range shown for each type of violation, as shown in Table 2.Attached Graphic(g) Penalty enhancements for certain violators. For violations in which the person charged has a history of prior violations within seven years of the current enforcement action, the Commission may assess an enhancement based on either the number of prior violations or the total amount of previous administrative penalties, but not both. The actual amount of any penalty enhancement will be determined on an individual case‑by‑case basis for each violation. The guidelines in Tables 3 and 4 are intended to be used separately. Either guideline may be used where applicable, but not both.Attached GraphicAttached Graphic(h) Penalty reduction for settlement before hearing. The recommended monetary penalty for a violation may be reduced by up to 50% if the person charged agrees to a settlement before the Commission conducts an administrative hearing to prosecute a violation. Once the hearing is convened, the opportunity for the person charged to reduce the basic monetary penalty is no longer available. The reduction applies to the basic penalty amount requested and not to any requested enhancements.(i) Demonstrated good faith. In determining the total amount of any monetary penalty requested, recommended, or finally assessed in an enforcement action, the Commission may consider, on an individual case‑by‑case basis for each violation, the demonstrated good faith of the person charged. Demonstrated good faith includes, but is not limited to, actions taken by the person charged before the filing of an enforcement action to remedy, in whole or in part, a violation or to mitigate the consequences of a violation.(j) Other sanctions. Depending upon the nature of and the consequences resulting from a violation of the rules in this chapter, the Commission may impose a non‑monetary penalty, such as requiring attendance at a safety training course, or may issue a warning.(k) Penalty calculation worksheet. The penalty calculation worksheet shown in Table 5 lists the typical penalty amounts for certain violations; the circumstances justifying enhancements of a penalty and the amount of the enhancement; and the circumstances justifying a reduction in a penalty and the amount of the reduction.Attached Graphic", "sourceNote": "Source Note: The provisions of this §13.15 adopted to be effective August 27, 2012, 37 TexReg 6570; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203776", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.21", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203770", "queryAsDate": "03/11/2026" }, "ruleBody": "The provisions of this subchapter apply to pressurized components of a CNG system, and are applicable to both engine fuel systems and compression, storage, and dispensing systems.", "sourceNote": "Source Note: The provisions of this §13.21 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 15, 1993, 18 TexReg 7157; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203770", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.22", "label": "Odorization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203779", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §5.2.1.1, compressed natural gas shall be odorized according to the provisions of Texas Utilities Code, §§121.251 and 121.252.(b) Containers installed in accordance with NFPA 55 that will contain unodorized CNG shall be legibly marked \"NON‑ODORIZED\" or \"NOT ODORIZED\" on two opposing sides of the container.", "sourceNote": "Source Note: The provisions of this §13.22 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203779", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.23", "label": "Installation and Maintenance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203777", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 52 §6.13.2, all CNG containers, valves, dispensers, accessories, piping, transfer equipment, and gas utilization equipment shall be installed and maintained in safe working order according to the manufacturer's instructions and the rules in this chapter. If any one of the CNG storage containers, valves, dispensers, accessories, piping, transfer equipment, gas utilization equipment, and appliances is not in safe working order, AFS may require that the installation be immediately removed from CNG service and not be operated until the necessary repairs have been made.", "sourceNote": "Source Note: The provisions of this §13.23 adopted to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203777", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.24", "label": "School Bus, Public Transportation, Mass Transit, and Special Transit Vehicle Installations and Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After the manufacture of or the conversion to a CNG system on any vehicle to be used in Texas as a school bus, mass transit, public transportation, or special transit vehicle, the manufacturer, licensee, or ultimate consumer making the installation or conversion shall notify AFS in writing on CNG Form 1503 that the applicable CNG‑powered vehicles are ready for a complete inspection to determine compliance with the rules in this chapter.(b) AFS shall conduct the inspection within a reasonable time to ensure the vehicles are operating in compliance with the rules in this chapter.(1) If AFS' initial complete inspection finds the vehicle in compliance with the rules in this chapter and the statutes, the vehicle may be placed into CNG service. For fleet installations of identical design, an initial inspection shall be conducted prior to the operation of the first vehicle, and subsequent vehicles of the same design may be placed into service without prior inspections.(2) If violations exist at the time of the initial complete inspection, the vehicle shall not be placed into CNG service and the manufacturer, licensee, or ultimate consumer making the installation or conversion shall correct the violations. The manufacturer, licensee, or ultimate consumer shall file with AFS documentation demonstrating compliance with the rules in this chapter, or AFS shall conduct another complete inspection before the vehicle may be placed into CNG service.(3) For public transportation vehicles only, if AFS does not conduct the initial inspection within 30 business days of receipt of CNG Form 1503, the vehicle may be operated in CNG service if it complies with the rules in this chapter.(c) The manufacturer, licensee, or ultimate consumer making the installation or conversion shall be responsible for compliance with the rules in this chapter, statutes, and any other local, state, or federal requirements.(d) If the requested AFS inspection identifies violations requiring modifications by the manufacturer, licensee, or ultimate consumer, AFS shall consider the assessment of an inspection fee to cover the costs associated with any additional inspection, including mileage and per diem rates set by the legislature.", "sourceNote": "Source Note: The provisions of this §13.24 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 15, 1993, 18 TexReg 6456; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212265", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.25", "label": "Filings Required for Stationary CNG Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203780", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. In addition to NFPA 52 §7.3.1, and NFPA 55 §4.1, no CNG container shall be placed into CNG service or an installation operated or used in CNG service until the requirements of this section, as applicable, are met and the facility is in compliance with the rules in this chapter and all applicable statutes, in addition to any applicable requirements of the municipality or the county where an installation is or will be located.(b) Installations with an aggregate storage capacity of 84,500 standard cubic feet or more. The storage capacity of each container is based on the container's operating pressure.(1) For installations with an aggregate storage capacity of 84,500 standard cubic feet or more, the licensee shall submit the following information to AFS at least 30 days prior to construction:(A) CNG Form 1500;(B) CNG Form 1500A with all applicable documents;(C) a plat drawing from the appropriate appraisal district identifying:(i) the facility's property boundaries;(ii) the names of all real property owners within 500 feet; and(iii) a 500-foot radius measured from the proposed container location on the site;(D) a site plan of sufficient scale that identifies:(i) the location, types, and sizes of all CNG containers and compression and dispensing equipment already on site or proposed to be on site;(ii) the distances from the containers, compression equipment, dispensing equipment, and material handling equipment to property lines, buildings on the same property, any electric transmission lines, and railroads. If the area where the container and/or compression equipment will be installed is a leased area or utility easement, the site plan shall indicate the boundaries of the leased area or utility easement, regardless of the size of the property in which the lease or easement lies;(iii) any known potential hazards;(iv) the location of CNG dispensers and their distance from any proposed container (the nearest container if more than one), property lines, buildings on the same property, roadways, and railroad track centerlines;(v) the location of the nearest public sidewalk, highway, street, or road and its distance to containers and equipment;(vi) the location of all sources of ignition;(vii) the location of other types of aboveground fuel containers, the type of fuel stored, and the distance to CNG containers and dispensing equipment; and(viii) the location of other types of fuel dispensers, the type of fuel dispensed, and the distance to CNG containers and dispensing equipment;(E) a nonrefundable fee of $50 for the initial application, or a nonrefundable fee of $30 for a resubmission; and(F) if the facility is accessed by cargo tanks from a public highway under the jurisdiction of the Texas Department of Transportation, a statement or permit from the Texas Department of Transportation showing that the driveway is of proper design and construction to allow safe entry and egress of the CNG cargo tanks.(2) Printed copies of site plans with a legend must be printed to the correct size for the legend or distance provided.(3) Prior to the installation of any individual CNG container, AFS shall determine whether the proposed installation constitutes a danger to the public health, safety, and welfare. The Commission does not consider public health, safety, and welfare to include such factors as the value of property adjacent to the installation, the esthetics of the proposed installation, or similar considerations. The applicant shall provide additional information if requested by AFS. AFS may impose restrictions or conditions on the proposed CNG installation based on one or more of the following factors:(A) nature and density of the population or occupancy of structures within 500 feet of the proposed or existing container locations;(B) nature of use of property located within 500 feet of the CNG installation;(C) type of activities on the installation's premises;(D) potential sources of ignition that might affect a CNG leak;(E) existence of dangerous or combustible materials in the area that might be affected by an emergency situation; and(F) any known potential hazards or other factors material to the public health, safety, and welfare.(4) AFS shall notify the applicant in writing outlining its findings.(A) When AFS notifies an applicant of an incomplete CNG Form 1500 or CNG Form 1500A, the applicant has 120 calendar days from the date of the notification letter to resubmit the corrected application or the application will expire. After 120 days, the applicant shall file a new application to reactivate AFS review of the proposed installation.(B) The applicant may request in writing an extension of the 120-day time period. The request shall be postmarked or physically delivered to AFS before the expiration date. AFS may extend the application period for up to an additional 90 days.(5) If the application is administratively denied:(A) AFS shall specify the deficiencies in the written notice required in paragraph (3) of this subsection.(B) To proceed with the application, the applicant shall modify the submission and resubmit it for approval or request a hearing on the matter in accordance with Chapter 1 of this title (relating to Practice and Procedure). If the Commission finds after a public hearing that the proposed installation complies with the rules in this chapter and the statutes of the State of Texas, and does not constitute a danger to the public health, safety, and welfare, the Commission shall issue an interim approval order. The construction of the installation and the setting of the container shall not proceed until the applicant has received written notification of the interim approval order. Any interim approval order shall include a provision that such approval may be suspended or revoked if:(i) the applicant has introduced CNG into the system prior to final approval;(ii) a physical inspection of the installation indicates that it is not installed in compliance with the submitted plat drawing for the installation, the rules in this chapter, or the statutes of the State of Texas; or(iii) the installation constitutes a danger to the public health, safety, and welfare.(6) The licensee shall not commence construction until notice of approval is received from AFS.(A) If the subject installation is not completed within one year from the date AFS has granted construction approval, the application will expire.(B) Prior to the date of expiration, the applicant may request in writing an extension of time of up to 90 days to complete the installation.(C) If the applicant fails to request an extension of time within the time period prescribed in this paragraph, the applicant shall submit a new application before the installation can be completed.(7) The applicant shall submit to AFS written notice of completed construction and the Commission shall complete the field inspection as specified in subsection (d) of this section. After the Commission has completed the inspection, the operator, pending the inspection findings, may commence CNG activities at the facility.(8) A licensee shall not be required to submit CNG Form 1500, CNG Form 1500A, or a site plan prior to the installation of dispensers, equipment, piping, or when maintenance and improvements are being made at an existing CNG installation.(9) If a licensee is replacing a container with a container of the same or less overall diameter and length or height, and is installing the replacement container in the identical location of the existing container, the licensee shall file CNG Form 1500.(10) AFS may request CNG Form 1008, a Manufacturer's Data Report, or any other documentation or information pertinent to the installation in order to determine compliance with the rules in this chapter.(11) For an installation that is a licensee outlet, the licensee shall submit CNG Form 1001A within 30 days of installation, in accordance with §13.61(j) of this title (relating to License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations, and Renewals).(c) Commercial installations with an aggregate storage capacity of less than 84,500 standard cubic feet. The storage capacity of each container is based on the container's operating pressure.(1) Within 30 calendar days following the completion of a commercial container installation, the licensee shall submit CNG Form 1501 to AFS stating:(A) the installation fully complies with the statutes and the rules in this chapter;(B) all necessary Commission licenses, certificates, and permits have been issued; and(C) the date the installation has been placed into CNG service.(2) The licensee shall pay a nonrefundable fee of $10 for each container, cascade, and compressor listed on the form. One fee is required for each cascade regardless of the number of cylinders in the cascade.(A) AFS shall review the submitted information and shall notify the applicant in writing of any deficiencies.(B) A nonrefundable fee of $20 shall be required for any resubmission.(3) CNG activities may commence prior to the submission of CNG Form 1501 if the facility is in compliance with the rules in this chapter.(d) Physical inspection of stationary installations.(1) Aggregate storage capacity of 84,500 standard cubic feet or more. The applicant shall notify AFS in writing when the installation is ready for inspection.(A) If any non-compliance items are cited at the time of AFS' initial inspection, the installation shall not be placed into CNG service until the non-compliance items are corrected, as determined at the time of inspection, depending on the nature of the non-compliance items cited.(B) If AFS does not physically inspect the facility within 30 calendar days of receipt of notice that the facility is ready for inspection, the facility may operate conditionally until the initial inspection is completed.(2) Aggregate storage capacity of less than 84,500 standard cubic feet. After receipt of CNG Form 1501, AFS shall conduct an inspection as soon as possible to verify the installation described complies with the rules in this chapter. The facility may be operated prior to inspection if the facility fully complies with the rules in this chapter. If the initial inspection at a commercial installation results in the citation of non-compliance items, AFS may require that the subject container, including any piping, appliances, appurtenances, or equipment connected to it be immediately removed from CNG service until the applicant corrects the non-compliance items.(3) Material variances. If AFS determines the completed installation varies materially from the application originally accepted, correction of the variance and notification to AFS or resubmittal of the application is required. AFS' review of such resubmitted application shall comply with subsection (b)(3) of this section.(4) In the event an applicant has requested an inspection and AFS' inspection identifies non-compliance items requiring modifications by the applicant, AFS may assess an inspection fee to cover the costs associated with any additional inspection, including mileage and per diem rates set by the legislature.", "sourceNote": "Source Note: The provisions of this §13.25 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 15, 1993, 18 TexReg 6456; amended to be effective August 30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203780", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.26", "label": "Notice of, Objections to, and Hearings on Proposed Stationary CNG Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice of proposed stationary CNG installations.(1) For a proposed installation with an aggregate storage capacity of 84,500 standard cubic feet or more, an applicant shall send a copy of the filings required under §13.25 of this title (relating to Filings Required for Stationary CNG Installations) by certified mail, return receipt requested or otherwise delivered, to all owners of real property situated within 500 feet of any proposed container location at the same time the originals are filed with AFS.(A) AFS shall consider the notice to be sufficient when the applicant has provided evidence that copies of a complete application have been mailed or otherwise delivered to all real property owners.(B) The applicant or licensee may obtain names and addresses of owners from current county tax rolls.(2) An applicant shall notify owners of real property situated within 500 feet of the proposed container location if:(A) the current aggregate storage capacity of the installation is more than doubled in a 12-month period; or(B) the resulting aggregate storage capacity of the installation will be more than 1,014,000 standard cubic feet.(b) Objections to proposed stationary CNG installations.(1) Each owner of real property receiving notice of a proposed installation pursuant to subsection (a) of this section shall have 18 calendar days from the date the notice is postmarked to file a written objection with AFS using the CNG Form 1500A sent to them by the applicant. An objection is considered timely filed when it is actually received by the Commission. AFS shall review all objections within 10 business days of receipt. An objection shall be in writing and shall include a statement of facts showing that the proposed installation:(A) does not comply with the rules in this chapter, specifying which rules are violated;(B) does not comply with the statutes of the State of Texas, specifying which statutes are violated; or(C) constitutes a danger to the public health, safety, and welfare, specifying the exact nature of the danger. For purposes of this section, \"danger\" means an imminent threat or an unreasonable risk of bodily harm, but does not mean diminished property or esthetic values in the area.(2) Upon review of the objection, AFS shall:(A) request a public hearing as specified in §13.71 of this title (relating to Hearing for Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or Certificates); or(B) notify the objecting party in writing within 10 business days of receipt requesting further information for clarification and stating why the objection is not valid. The objecting entity shall have 10 calendar days from the postmark of AFS' letter to file its corrected objection. Clarification of incomplete or non-substantive objections shall be limited to two opportunities. If new objections are raised in the objecting party's clarification, the new objections shall be limited to one notice of correction.(c) Hearings on stationary CNG installations.(1) Reason for hearing. AFS shall call a public hearing if:(A) AFS receives an objection that complies with subsection (b) of this section; or(B) AFS determines that a hearing is necessary to investigate the impact of the installation.(2) Notice of public hearing. The Hearings Division shall give notice of the public hearing at least 21 calendar days prior to the date of the hearing to the applicant and to all real property owners who were required to receive notice of the proposed installation under subsection (a) of this section.(3) Procedure at hearing. The public hearing shall be conducted pursuant to Chapter 1 of this title (relating to Practice and Procedure).(4) Hearing findings. If the Railroad Commission finds after a public hearing that the proposed installation complies with the rules in this chapter and the statutes of the State of Texas, and does not constitute a danger to the public health, safety, and welfare, the Railroad Commission shall issue an interim approval order. The construction of the installation and the setting of the container shall not proceed until the applicant has received written notification of the interim approval order. Any interim approval order shall include a provision that such approval may be suspended or revoked if:(A) the applicant has introduced CNG into the system prior to final approval; or(B) a physical inspection of the installation indicates that it is not installed in compliance with the submitted plat drawing for the installation, the rules in this chapter, or the statutes of the State of Texas; or(C) the installation constitutes a danger to the public health, safety, and welfare.", "sourceNote": "Source Note: The provisions of this §13.26 adopted to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.33", "label": "Reporting Unsafe CNG Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203781", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may report any unsafe or noncompliant CNG activities to AFS by mail, telephone, email, or fax. When possible, the person shall make the report using CNG Form 1022. Within five business days of receipt of such report, AFS shall notify the alleged noncompliant party in writing regarding the report and specify the reported noncompliant installations and/or activities.(b) The Commission may release the person's name in accordance with applicable open records procedures.(c) A person who reports unsafe CNG activities may be called to testify at a Commission hearing if one is necessary following the initiation of an enforcement action.", "sourceNote": "Source Note: The provisions of this §13.33 adopted to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203781", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.34", "label": "Vehicle Fueling Connection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203771", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 52 §6.9.3, the refueling connection on an engine fuel system shall be firmly supported, and shall:(1) receive the fueling connector and accommodate the service pressure of the vehicle fuel system;(2) incorporate a means to prevent the entry of dust, water, and other foreign material. If the means used is capable of sealing system pressure, it shall be capable of being depressurized before removal; and(3) have a fueling connection appropriate for the pressure of the vehicle fuel system.", "sourceNote": "Source Note: The provisions of this §13.34 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective June 1, 1994, 19 TexReg 3168; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203771", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.35", "label": "Application for an Exception to a Safety Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203772", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §4.3 and for any alternate design used for installations subject to NFPA 55 requirements, a person may apply for an exception to the provisions of this chapter by filing CNG Form 1025 along with supporting documentation and a $50 filing fee with AFS.(b) The application shall contain the following:(1) the section number of any rules for which an exception is being requested;(2) the type of relief desired, including the exception requested and any information which may assist AFS in comprehending the requested exception;(3) a concise statement of facts which supports the applicant's request for the exception, such as the reason for the exception, the safety aspects of the exception, and the social and/or economic impact of the exception;(4) for all stationary installations, regardless of size, a description of the acreage and/or address upon which the subject of the exception will be located. The description shall be in writing and shall include:(A) a site drawing;(B) sufficient identification of the site so that determination of property boundaries may be made;(C) a plat from the applicable appraisal district indicating the ownership of the land; and(D) the legal authority under which the applicant, if not the owner, is permitted occupancy;(5) the name, business address, and telephone number of the applicant and of the authorized agent, if any; and(6) a list of the names and addresses of all interested entities as defined in subsection (c) of this section.(c) Notice of the application for an exception to a safety rule.(1) The applicant shall send a copy of CNG Form 1025 by certified mail, return receipt requested, to all affected entities as specified in paragraphs (2), (3), and (4) of this subsection on the same date on which the form is filed with or sent to AFS. The applicant shall include a notice to the affected entities that any objection shall be filed with AFS within 18 calendar days of the date of postmark. The applicant shall file all return receipts with AFS as proof of notice.(2) If an exception is requested on a stationary site, the affected entities to whom the applicant shall give notice shall include but not be limited to:(A) persons and businesses owning or occupying property adjacent to the site;(B) the city council or fire marshal, if the site is within municipal limits; and(C) the county Commission, if the site is not within any municipal limits.(3) If an exception is requested on a nonstationary site, affected entities to whom the applicant shall give notice include but are not limited to:(A) the Texas Department of Public Safety; and(B) all CNG loading and unloading facilities utilized by the applicant.(4) AFS may require an applicant to give notice to persons in addition to those listed in paragraphs (2) and (3) of this subsection if doing so will not prejudice the rights of any entity.(d) Objections to the requested exception shall be in writing, filed with AFS within 18 calendar days of the postmark of the application, and shall be based on facts that tend to demonstrate that, as proposed, the exception would have an adverse effect on public health, safety, or welfare. AFS may decline to consider objections based solely on claims of diminished property or esthetic values in the area.(e) AFS shall review the application within 21 business days of receipt of the application.(1) If AFS does not receive any objections from any affected entities as defined in subsection (c) of this section, the AFS director may administratively grant the exception if the AFS director determines that the installation, as proposed, does not adversely affect the health or safety of the public. AFS shall notify the applicant in writing by the end of the 21‑day review period and, if approved, the installation shall be installed within one year from the date of approval. AFS shall also advise the applicant at the end of the objection period as to whether any objections were received and whether the applicant may proceed.(2) If the AFS director denies the exception, AFS shall notify the applicant in writing, outlining the reasons and any specific deficiencies.(3) The applicant may modify the application to correct the deficiencies and resubmit the application along with a $30 resubmission fee, or may request a hearing on the matter.(A) To be granted a hearing, the applicant shall file a written request for hearing within 14 calendar days of receiving notice of the administrative denial.(B) A hearing shall be held when AFS receives an objection as set out in subsection (d) of this section from any affected entity, or when the applicant requests one following an administrative denial. AFS shall forward the request for hearing to the Hearings Division.(f) Applicants intentionally submitting incorrect or misleading information are subject to penalties in the Texas Natural Resources Code, §116.142, and the filing of incorrect or misleading information shall be grounds for dismissing the application with prejudice.(g) After hearing, exceptions to this chapter may be granted by the Commission if the Commission finds that granting the exception for the installation, as proposed, will not adversely affect the safety of the public.(h) A request for an exception shall expire if it is inactive for three months after the date of the letter in which the applicant was notified by AFS of an incomplete request. Additional time may be granted upon request if needed to generate engineering results or calculations. The applicant may restart the application process.", "sourceNote": "Source Note: The provisions of this §13.35 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 15, 1993, 18 TexReg 6456; amended to be effective August 30, 1999, 24 TexReg 6734; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203772", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.36", "label": "Report of CNG Incident/Accident" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203773", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the earliest practical moment or within two hours following discovery, a licensee owning, operating, or servicing equipment or an installation shall notify AFS by telephone of any incident or accident involving CNG which:(1) caused a death or personal injury requiring hospitalization;(2) required taking an operating facility out of service;(3) resulted in unintentional gas ignition requiring emergency response;(4) meets the requirements of subsection (c) of this section;(5) caused an estimated damage to the property of the operator, others or both totaling $50,000 or more, including gas loss;(6) involves a single release of CNG during or following CNG transfer or during container transportation. Any loss of CNG which is less than 1.0% of the gross amount delivered, stored, or withdrawn need not be reported. However, any loss occurring as a result of a pullaway shall be reported;(7) could reasonably be judged as significant because of rerouting of traffic, evacuation of buildings, or media interest, even though it does not meet paragraphs (1) - (6) of this subsection; or(8) is required to be reported to any other state or federal agency (such as the Texas Department of Public Safety or the United States Department of Transportation).(b) The telephonic notice required by this section shall be made to the Railroad Commission's 24‑hour emergency line at (512) 463‑6788 or (844) 773-0305 and shall include the following:(1) date and time of the incident;(2) name of reporting operator;(3) phone number of operator;(4) location of leak or incident;(5) personal injuries and/or fatalities;(6) whether fire, explosion, or gas leak has occurred;(7) status of gas leak or other immediate hazards;(8) other significant facts relevant to the incident; and(9) whether immediate assistance from AFS is requested.(c) Any transport unit required to be registered with AFS in accordance with §13.69 of this title (relating to Registration and Transfer of CNG Cargo Tanks and Delivery Units) which is involved in an accident where there is damage to the tank, piping or appurtenances, or any release of CNG resulting from an accident shall be reported to AFS in accordance with this section regardless of the accident location. Any CNG powered motor vehicle used for school transportation or mass transit including any state owned vehicle which is involved in an accident resulting in a substantial release of CNG or damage to the CNG conversion equipment shall be reported to AFS in accordance with this section regardless of accident location.(d) Following the initial telephone report, the licensee who made the telephonic report shall submit CNG Form 1020 to AFS. The form shall be postmarked within 14 calendar days of the date of initial notification to AFS, or within five business days of receipt of the fire department report, whichever occurs first, unless AFS grants authorization for a longer period of time when additional investigation or information is necessary.(e) Within five business days of receipt, AFS shall review CNG Form 1020 and notify in writing the person submitting CNG Form 1020 if the report is incomplete and specify in detail what information is lacking or needed. Incomplete reports may delay the resumption of CNG activities at the involved location.", "sourceNote": "Source Note: The provisions of this §13.36 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203773", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.37", "label": "Appurtenances and Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203774", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §5.3.1, all appurtenances and equipment placed into CNG service shall be certified, marked, or listed by a nationally recognized laboratory such as Underwriters Laboratory (UL), Factory Mutual (FM), CSA International, or such other laboratories approved by AFS unless:(1) it is specifically prohibited for use by another section of this chapter; or(2) there is no test specification or procedure developed by the testing laboratory for the appurtenance or equipment.(b) In addition to NFPA 52 §1.4.1, appurtenances and equipment that cannot be listed but are not prohibited for use by the rules in this chapter shall be acceptable for CNG service provided the appurtenances and equipment are installed in compliance with the applicable rules in this chapter.(c) In addition to NFPA 52 §1.4.1.2, the licensee or operator of the appurtenances or equipment shall maintain documentation sufficient to substantiate any claims made regarding the safety of any valves, fittings, and equipment and shall, upon request, furnish copies to AFS.(d) Compliance under this section does not ensure conformity with other state and federal regulations, such as those of the Texas Commission on Environmental Quality or its successor agencies.(e) Components of CNG stationary installations which are not specifically covered by the rules in this chapter shall not be placed into service until AFS has determined the installation complies with the rules in this chapter. AFS may require any change to a proposed stationary installation which the Commission may consider necessary to ensure the CNG installation is safe for CNG service. If the affected party disagrees with AFS' determination, the party may request a hearing as described in §13.15 of this title (relating to Penalty Guidelines and Enforcement). However, the installation shall not be placed into CNG operation until the Commission has determined the installation complies with the rules of this chapter.", "sourceNote": "Source Note: The provisions of this §13.37 adopted to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203774", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.38", "label": "Removal from CNG Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203775", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 55 §§7.1.14 and 7.1.15 and for any installations subject to NFPA 52 requirements, if AFS determines that any CNG cylinder or installation constitutes an immediate danger to the public health, safety, and welfare, AFS shall require the immediate removal of all CNG and/or the immediate disconnection by a properly licensed company to the extent necessary to eliminate the danger. This may include equipment or any part of the system including the service container. A warning tag shall be attached by AFS until the unsafe condition is remedied. Once the unsafe condition is remedied, the tag may be removed by an AFS inspector or by the licensee if authorized by AFS.(b) If the affected entity disagrees with the removal from service and/or placement of a warning tag, the entity may request a review of AFS' decision within 10 calendar days. Within 10 business days, AFS shall notify such entity of its finding in writing, stating the deficiencies. If the entity disagrees, the entity may request or AFS on its own motion may request a hearing. Such installation shall be brought into compliance or removed from service until such time as the final decision is rendered by the Commission.", "sourceNote": "Source Note: The provisions of this §13.38 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203775", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.39", "label": "Filling Unapproved Containers Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212267", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee or the licensee's employees shall not introduce CNG into any container if the licensee or employee has knowledge or reason to believe that such container, cylinder, piping, or system is unsafe or is not installed in accordance with Texas Natural Resources Code, Chapter 116, or the rules in this chapter. This section does not apply to motor fuel or mobile fuel containers and systems installed on vehicles licensed in states other than Texas.", "sourceNote": "Source Note: The provisions of this §13.39 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212267", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS" }, "rule": { "number": "§13.40", "label": "Manufacturer's Nameplates and Markings on ASME Containers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226950", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §5.4.5.1 and NFPA 55 §7.1.6.1:(1) Compressed natural gas (CNG) shall not be introduced into any ASME container unless the container is equipped with an original nameplate or at least one of the following nameplates permanently attached to the container or has the required information stamped directly on the vessel.(A) A duplicate nameplate is an additional ASME container nameplate issued by the original manufacturer with duplicate information as the original nameplate and clearly marked as a duplicate nameplate but installed in a remote location.(B) A modification (or alteration) nameplate is a nameplate issued and affixed by an ASME Code facility including only partial information applicable to a modification or alteration performed on that container.(C) A replacement nameplate is a nameplate including the identical information as the original nameplate and identified as a replacement nameplate, but issued and affixed by the original manufacturer or its successor company or companies when the original nameplate is lost or illegible.(2) Nameplates on ASME containers manufactured on or after November 1, 1994, shall be stainless steel.(3) If the nameplate is attached, it shall be attached in a manner that will minimize corrosion of the nameplate or its attachments or that will not contribute to the corrosion of the container.(b) If the nameplate is attached directly to the container, the nameplate thickness shall be sufficient to resist distortion due to the application of markings and fusion welding.(c) Container nameplates shall be stamped or etched with the following information in legible characters:(1) the mark or symbol approved by ASME indicating compliance with the provisions of the ASME Pressure Vessel Code;(2) the name and address of the manufacturer;(3) the capacity of the container in standard cubic feet;(4) the maximum allowable working pressure of the container in pounds per square inch (psi);(5) the thickness of the material used in both the shell and heads;(6) the overall length of the container, the outside diameter of the container, and the dish radius of the heads;(7) the serial number of the container; and(8) the date of manufacture.(d) Nameplates attached to or markings on the container shall remain visible after installation of the containers.(e) Containers manufactured prior to November 1, 1994, which may have corroded or rusted nameplates shall have the following minimum information readable on the manufacturer's nameplate:(1) name of the container manufacturer;(2) manufacturer's serial number;(3) working pressure; and(4) capacity.(f) AFS may remove a container from CNG service or require ASME acceptance of a container at any time if AFS determines that the nameplate or stamped information, in any form defined in subsection (a) of this section, is loose, unreadable, or detached, or if it appears to be tampered with or damaged in any way and does not contain at a minimum the items defined in subsection (c) or (e) of this section as applicable.", "sourceNote": "Source Note: The provisions of this §13.40 adopted to be effective June 1, 1994, 19 TexReg 3169; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226950", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.61", "label": "License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations, and Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203785", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A prospective licensee may apply to AFS for one or more licenses specified in subsection (b)(1) - (7) of this section. Fees required to be paid by subsection (b)(1) - (7) of this section shall be paid at the time of application or renewal.(b) The license categories and fees are as follows.(1) A Category 1 license for container assembly and repair authorizes the assembly, repair, testing, sale, installation, and subframing of ASME or DOT CNG containers. A Category 1 license includes all activities covered by both the Category 1A and 1B licenses. The original license fee is $1,000; the renewal fee is $600.(2) A Category 1A license for ASME container assembly and repair authorizes the assembly, repair, testing, sale, and installation of ASME containers. The original license fee is $1,000; the renewal fee is $600.(3) A Category 1B license for U.S. Department of Transportation (DOT) container assembly and repair authorizes the assembly, repair, testing, sale, installation, and subframing of CNG DOT containers. The original license fee is $1,000; the renewal fee is $600.(4) A Category 2 license for general installers and repairmen authorizes the sale, installation, service, or repair of CNG systems, including cylinders. The original license fee is $300; the renewal fee is $150.(5) A Category 3 license for retail and wholesale dealers authorizes the sale, storage, transportation for delivery, or dispensing of CNG for use other than by an ultimate consumer, and the sale, installation, service, or repair of CNG systems as set out in Categories 2 and 5. The original license fee is $750; the renewal fee is $300.(6) A Category 4 license for testing laboratories authorizes the testing of CNG cylinders. The original license fee is $400; the renewal fee is $200.(7) A Category 5 license for service stations or cylinder exchangers authorizes the operation of a CNG service station, including filling CNG cylinders, or the operation of a cylinder exchange dealership, including filling CNG cylinders, the sale of CNG in cylinders, the sale of CNG cylinders, and the replacement of cylinder valves. The original license fee is $150; the renewal fee is $70.(c) A container manufacturer registration authorizes the manufacture, assembly, repair, subframing, testing, and sale of CNG containers. The original registration fee is $1,000; the renewal fee is $600. (d) A military service member, military veteran, or military spouse shall be exempt from the original license fee specified in subsection (b) of this section pursuant to the requirements in §13.76 of this title (relating to Military Licensing and Fee Exemption).(e) In addition to NFPA 55 §7.1.12, no person may engage in CNG activities until that person has obtained a license from the Commission authorizing that activity, except as follows:(1) A state agency or institution, county, municipality, school district, or other governmental subdivision is exempt from licensing requirements as provided in Texas Natural Resources Code, §116.031(d), if the entity is performing CNG activities on its own behalf, but is required to obtain a license to perform CNG activities for or on behalf of a second party.(2) An ultimate consumer is not subject to the licensing requirements of this chapter in order to perform those CNG activities dealing only with the ultimate consumer; however, a license is required to register a transport or cylinder delivery unit. An ultimate consumer's license does not require a fee or a company representative.(3) An original manufacturer of a new motor vehicle powered by CNG or a subcontractor of a manufacturer who produces a new CNG powered motor vehicle for the manufacturer is not subject to the licensing requirements of this chapter, but shall comply with all other rules in this chapter.(f) A license obtained by an individual, partnership, corporation, or other legal entity shall extend to the entity's employees who are performing CNG activities, provided that each employee is properly certified as required by this chapter.(g) An applicant for license shall not engage in CNG activities until it has employed a company representative who meets the requirements of §13.72 of this title (relating to Designation and Responsibilities of Company Representative and Operations Supervisor). (h) Licensees, registered manufacturers, company representatives, and operations supervisors at each outlet shall have copies of all current licenses and/or manufacturer registrations and certification cards for employees at that location available for inspection during regular business hours. In addition, licensees and registered manufacturers shall maintain a current version of the rules in this chapter and any adopted codes covering CNG activities performed by the licensee or manufacturer, and shall provide at least one copy of all publications to each company representative and operations supervisor. The copies shall be available to employees during business hours.(i) Licenses or manufacturer registrations issued under this chapter expire one year after issuance at midnight on the last day of the month previous to the month in which they are issued.(j) If a license or registration expires, the person shall immediately cease CNG activities.(k) Applicants for a new license shall file with AFS:(1) a properly completed CNG Form 1001 listing all names under which CNG related activities requiring licensing are to be conducted and the applicant's properly qualified company representative, and the following forms or documents as applicable:(A) CNG Form 1001A if the applicant will operate any outlets pursuant to subsection (l) of this section;(B) CNG Form 1007, 1007A, or 1007T and any information requested in §13.69 of this title if the applicant intends to register any CNG cargo tanks or container delivery units;(C) CNG Form 1019 if the applicant will be transferring the operation of one or more existing retail service stations;(D) any form required to comply with §13.62 of this title (relating to Insurance Requirements);(E) a copy of current certificate of account status if required by §13.75 of this title (relating to Franchise Tax Certification and Assumed Name Certificate); and/or(F) copies of the assumed name certificates if required by §13.75 of this title; and(2) payment for all applicable fees.(A) If the applicant submits the payment by mail, the payment shall be in the form of a check, money order, or printed copy of an online receipt.(B) If the applicant pays the applicable fee online, the applicant shall submit a copy of an online receipt via mail, email, or fax.(l) A licensee shall submit CNG Form 1001A listing all outlets operated by the licensee.(1) Each outlet shall employ an operations supervisor who meets the requirements of §13.72 of this title.(2) Each outlet shall be listed on the licensee's renewal specified in subsection (m) of this section.(m) Beginning February 15, 2021, a prospective container manufacturer may apply to AFS to manufacture CNG containers in the state of Texas. Beginning February 15, 2021, a person shall not engage in the manufacture of CNG containers in this state unless that person has obtained a container manufacturer's registration as specified in this subsection.(1) Applicants for container manufacturer registration shall file with AFS CNG Form 1001M, and the following forms or documents as applicable:(A) any form required by §13.62 of this title;(B) a copy of current certificate of account status if required by §13.75 of this title;(C) copies of the assumed name certificates if required by §13.75 of this title;(D) a copy of current DOT authorization. A registered manufacturer shall not continue to operate after the expiration date of the DOT authorization; and/or(E) a copy of current ASME Code, Section VIII certificate of authorization, or \"R\" certificate. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the manufacturer may request in writing an extension of time not to exceed 60 calendar days past the expiration date. The request for extension shall be received by AFS prior to the expiration date of the ASME certificate of authorization referred to in this section, and shall include a letter or statement from ASME that the agency is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A registered manufacturer shall not continue to operate after the expiration date of an ASME certificate of authorization until the manufacturer files a current ASME certificate of authorization with AFS or AFS grants a temporary exception.(2) By filing CNG Form 1001M, the applicant certifies that it has read the requirements of this chapter and shall comply with all applicable rules, regulations, and adopted standards.(3) The required fee shall accompany CNG Form 1001M. An original registration fee is $1,000; the renewal fee is $600.(A) If submitted by mail, payment shall be by check, money order, or printed copy of an online receipt.(B) If submitted by email or fax, payment shall be a copy of an online receipt.(4) If a manufacturer registration expires or lapses, the person shall immediately cease the manufacture, assembly, repair, testing, and sale of CNG containers in Texas.(n) Applications for license or registration must include a 24-hour emergency telephone number.(o) AFS will review an application for license or registration to verify all requirements have been met.(1) If errors are found or information is missing in the application or other documents, AFS will notify the applicant of the deficiencies in writing.(2) The applicant must respond with the required information and/or documentation within 30 days of the written notice. Failure to respond by the deadline will result in withdrawal of the application.(3) If all requirements have been met, AFS will issue the license or manufacturer registration and send the license or registration to the licensee or manufacturer, as applicable.(p) For license and manufacturer registration renewals:(1) AFS shall notify the licensee or registered manufacturer in writing at the address on file with AFS of the impending license or manufacturer registration expiration at least 30 calendar days before the date the license or registration is scheduled to expire.(2) The renewal notice shall include copies of applicable CNG Forms 1001, 1001A, and 1007, 1007A, or CNG Form 1001M showing the information currently on file.(3) The licensee or registered manufacturer shall review and return all renewal documentation to AFS with any necessary changes clearly marked on the forms. The licensee or registered manufacturer shall submit any applicable fees with the renewal documentation.(4) Failure to meet the renewal deadline set forth in this section shall result in expiration of the license or manufacturer registration.(5) If a person's license or manufacturer registration expires, that person shall immediately cease performance of any CNG activities authorized by the license or registration.(6) If a person's license or manufacturer registration has been expired for 90 calendar days or fewer, the person shall submit a renewal fee that is equal to 1 1/2 times the renewal fee in subsection (a) of this section.(7) If a person's license or manufacturer registration has been expired for more than 90 calendar days but less than one year, the person shall submit a renewal fee that is equal to two times the renewal fee.(8) If a person's license or manufacturer registration has been expired for one year or longer, that person shall not renew but shall comply with the requirements for issuance of an original license or manufacturer registration under subsections (k) or (m) of this section.(9) After verification that the license or registered manufacturer has met all requirements for licensing or manufacturer registration, AFS shall renew the license or registration and send the applicable authorization to the licensee or manufacturer.(q) Applicants for license or license renewal in the following categories shall comply with these additional requirements.(1) An applicant for a Category 4 license or renewal shall file with AFS a completed CNG Form 1505, certifying that the applicant will follow the testing procedures indicated. CNG Form 1505 shall be signed by the appropriate CNG company representative designated on CNG Form 1001.(2) An applicant for Category 1, 1B, or 4 license or renewal who tests tanks, subframes CNG cargo tanks, or performs other activities requiring DOT registration shall file with AFS a copy of any applicable current DOT registrations. Such registration shall comply with Title 49, Code of Federal Regulations, Part 107 (Hazardous Materials Program Procedures), Subpart F (Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and Repairers and Cargo Tank Motor Vehicle Assemblers).(3) An applicant for Category 1, 1A, or 4 license or renewal who repairs or tests ASME containers shall file with AFS a copy of its current ASME Code, Section VIII certificate of authorization or \"R\" certificate. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the manufacturer may request in writing an extension of time not to exceed 60 calendar days past the expiration date. The request for extension shall be received by AFS prior to the expiration date of the ASME certificate of authorization referred to in this section, and shall include a letter or statement from ASME that the agency is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A registered manufacturer shall not continue to operate after the expiration date of an ASME certificate of authorization until the manufacturer files a current ASME certificate of authorization with AFS or AFS grants a temporary exception.(r) Repair to a US DOT cylinder or cargo tank is defined in 49 CFR §§180.203, 180.403 and 180.413. Changes made to or maintenance of a cylinder or cargo tank excluded from the definition of repair in 49 CFR §§180.203, 180.403 and 180.413 do not require a license.", "sourceNote": "Source Note: The provisions of this §13.61 adopted to be\r\neffective June 13, 1995, 20 TexReg 3984; amended to be effective August\r\n30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001,\r\n26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604;\r\namended to be effective December 24, 2012, 37 TexReg 9917; amended\r\nto be effective January 4, 2016, 41 TexReg 239; amended to be effective\r\nFebruary 15, 2021, 46 TexReg 1035; amended to be effective February\r\n7, 2023, 48 TexReg 507; amended to be effective December 8, 2025, 50\r\nTexReg 7885." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203785", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.62", "label": "Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212619", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or registered manufacturer shall not perform any activity authorized by its license or registration under §13.61 of this title (relating to License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations, and Renewals) unless insurance coverage required by this section is in effect. CNG licensees, registered manufacturers, or applicants for license or manufacturer registration shall comply with the minimum amounts of insurance specified in Table 1 of this section, with the self-insurance requirements in §13.63 of this title (relating to Self-Insurance Requirements), or the irrevocable letter of credit requirements in §13.64 of this title (relating to Irrevocable Letter of Credit), if applicable. Registered manufacturers are not eligible for self-insurance. Before AFS grants or renews a manufacturer registration, an applicant for manufacturer registration shall submit the documents required by paragraph (1) of this subsection. Before AFS grants or renews a license, an applicant for license shall submit:Attached Graphic(1) an insurance Acord™ form or any other form approved by the Texas Department of Insurance that has been prepared and signed by the insurance carrier containing all required information. The forms must be issued by an insurance company authorized or accepted by the Texas Department of Insurance; (2) properly completed documents demonstrating the applicant's compliance with the self‑insurance requirements in §13.63 of this title; or (3) properly completed documents demonstrating the applicant's compliance with the irrevocable letter of credit requirements in §13.64 of this title.(b) A licensee, applicant for license, or an ultimate consumer that does not operate or contemplate operating a motor vehicle equipped with a CNG cargo container or does not transport or contemplate transporting CNG by vehicle in any manner may file CNG Form 1997B in lieu of filing motor vehicle bodily injury and property damage insurance form, if this certificate is not otherwise required. The licensee or applicant for a license shall file the required insurance form with AFS before operating a motor vehicle equipped with a CNG cargo container or transporting CNG by vehicle in any manner.(c) A licensee, registered manufacturer, or applicant for a license or manufacturer registration that does not engage in or contemplate engaging in any activities that would be covered by general liability insurance may file CNG Form 1998B in lieu of filing a general liability insurance form. The licensee, registered manufacturer, or applicant for a license or manufacturer registration shall file the required insurance form with AFS before engaging in any activities that require general liability insurance.(d) A licensee or applicant for license that does not employ or contemplate employing anyone to be engaged in CNG related activities in Texas may file CNG Form 1996B in lieu of filing a workers' compensation insurance form, including employer's liability insurance or alternative accident and health insurance coverage. The licensee or applicant for a license shall file the required insurance form with AFS before hiring any person as an employee engaged in CNG related work.(e) A licensee, registered manufacturer, or applicant for a license or manufacturer registration that does not engage in or contemplate engaging in any CNG activities that would be covered by completed operations or products liability insurance, or both, may file CNG Form 1998B in lieu of a completed operations and/or products liability insurance form. The licensee, registered manufacturer, or applicant for a license or manufacturer registration shall file the required insurance form with AFS before engaging in any activities that require completed operations and/or products liability insurance.(f) A licensee may protect its employees by obtaining accident and health insurance coverage from an insurance company authorized to write such policies in this state as an alternative to workers' compensation coverage. The alternative coverage shall be in the amounts specified in Table 1 of this section.(g) Each licensee or registered manufacturer shall file CNG Form 1999 or other written notice with AFS at least 30 calendar days before the cancellation of any insurance coverage. The 30‑day period commences on the date the notice is actually received by AFS.(h) Each licensee or registered manufacturer shall promptly notify AFS of any change in insurance coverage or insurance carrier by filing a revised Acord™ form; other form approved by the Texas Department of Insurance that has been prepared and signed by the insurance carrier containing all required information; or documents demonstrating the applicant's compliance with the self‑insurance requirements set forth in §13.63 of this title. Failure to promptly notify AFS of a change in the status of insurance coverage or insurance carrier may result in an enforcement action and an administrative penalty.(i) A state agency or institution, county, municipality, school district, or other governmental subdivision may meet the requirements of this section for workers' compensation, general liability and/or motor vehicle liability insurance. The requirements may be met by submitting evidence of self-insurance that complies with the requirements of §13.63 or §13.64 of this title. CNG Form 1995 may be filed as evidence of self-insurance, if self-insurance is permitted by the Texas Labor Code, Title 5, Subtitle C, and Texas Natural Resources Code, §116.036.", "sourceNote": "Source Note: The provisions of this §13.62 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective October 15, 1993, 18 TexReg 6457; amended to be effective November 29, 1993, 18 TexReg 8457; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective November 12, 2007, 32 TexReg 8127; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212619", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.63", "label": "Self-Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203787", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General qualifications. AFS may approve the application of a CNG licensee to qualify as a self‑insurer if such licensee furnishes a true and accurate statement of its financial condition and other evidence which establishes to the satisfaction of AFS the ability of such licensee to satisfy its obligations for the minimum insurance requirements specified in §13.62 of this title (relating to Insurance Requirements). Registered manufacturers are not eligible for self-insurance. This section shall not apply to AFS' licensing requirements for worker's compensation insurance, including employer's liability coverage.(b) Applicant guidelines. In addition to filing CNG Form 1027, Application for Qualification as Self‑Insurer, an applicant applying for self‑insurer status covering general liability, including premises and operations coverage, shall submit materials that will allow AFS to determine whether:(1) the net worth of the applicant is adequate in relationship to the size of operations and the extent of its request for self‑insurance authority. The applicant should demonstrate that it will maintain a net worth sufficient to ensure that it will be able to meet its statutory obligations to the public to pay all claims relating to general liability, including premises and operations coverage in the event of a claim;(2) the applicant has a sound self‑insurance program. The applicant shall demonstrate that it has established, and will maintain, an insurance program that will protect the public against all claims involving CNG activities to the same extent as the minimum limits applicable pursuant to Table 1 in §13.62(a) of this title (relating to Insurance Requirements). Such a program may include, but not be limited to, one or more of the following:(A) reserves;(B) sinking funds;(C) third party financial guarantees;(D) parent company or affiliate sureties;(E) excess insurance coverage; or(F) other similar arrangements; and(3) the applicant presents evidence that it meets the requirements for motor carrier self‑insurance promulgated by the Texas Department of Transportation.(c) Other securities or agreements. AFS may consider applications for approval of other securities or agreements, or may require any other document(s) which may be necessary to ensure such application satisfies that the security or agreement offered will afford adequate security for protection of the public.(d) Periodic reports. The applicant shall file semiannual reports and annual statements reflecting the applicant's financial condition and status of its self‑insurance program with AFS during the period of its self‑insurer status by March 10 and September 10 of each year.(e) Duration of self‑insurer status. AFS may approve the applicant as a self‑insurer for any specific time period, or for an indefinite period until revoked by AFS.(f) Revocation of a self‑insurer status. AFS may at any time, upon 10 days notice to the applicant, require the applicant to appear and demonstrate that it continues to have adequate financial resources to pay all general liability, including premises and operations coverage claims, and that it remains in compliance with the other requirements of this section. If the applicant fails to so demonstrate, its self‑insurer status shall be revoked and it may be ineligible for self‑insurance in the future.(g) A state agency or institution, county, municipality, school district, or other governmental subdivision may meet the requirements for general liability and/or motor vehicle liability insurance or workers' compensation coverage of §13.62 of this title if permitted by the Texas Workers' Compensation Act, Texas Labor Code, Title 5, Subtitle A; and the Texas Natural Resources Code, §116.036, by submitting CNG Form 1995 to AFS.", "sourceNote": "Source Note: The provisions of this §13.63 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective November 29, 1993, 18 TexReg 8457; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203787", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.64", "label": "Irrevocable Letter of Credit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8181", "queryAsDate": "03/11/2026" }, "ruleBody": "When an applicant submits CNG Form 1028, Application to use Irrevocable Letter of Credit, as an alternative to insurance, letters of credit shall be subject to the following conditions:(1) the letter may only be issued by a federally chartered and federally insured bank authorized to do business in the Unites States;(2) the letter of credit must be irrevocable during their terms;(3) the letter must be payable to the Commission in part or in full upon demand and receipt from the Commission of a notice of forfeiture;(4) this section shall not apply to AFS' licensing requirements for worker's compensation insurance, including employer's liability coverage.", "sourceNote": "Source Note: The provisions of this §13.64 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8181", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.66", "label": "Limitation/Avoidance of Licensee Liability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203788", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A compressed natural gas (CNG) licensee may not limit or avoid its liability or that of its insurer for damages proximately caused by any negligent act or acts of the licensee in handling CNG.(b) An attempt to limit or avoid liability before the negligent act or acts, through indemnity clauses or otherwise, shall be null and void.(c) This section does not apply to negotiations and/or settlements made subsequent to the recognition by the parties to a contract of the licensee's negligent act or acts.(d) To the extent that any damage occurring during or subsequent to any of the following acts does not proximately result from any negligent act of the licensee, the licensee may limit liability based on the following:(1) unauthorized, unsafe, or improper applications of CNG and/or CNG systems or equipment by any user or other person;(2) any use or operation of CNG and/or CNG systems or equipment contrary to the specific representations made by any user or other person to a CNG licensee during or preceding installations or servicing of such CNG systems or equipment and relied upon by such CNG licensee in selecting, designing, installing, or servicing such systems or equipment; or(3) any modification, change, installation, alteration, tampering, or other action by any unlicensed person, to or upon any CNG system or equipment.", "sourceNote": "Source Note: The provisions of this §13.66 adopted to be effective November 15, 1990, 15 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203788", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.67", "label": "Changes in Ownership, Form of Dealership, or Name of Dealership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212620", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Changes in ownership which require a new license or manufacturer registration.(1) Transfer of dealership outlet or location by sale, lease, or gift. The purchaser, lessee, or donee of any dealership or outlet shall have a current and valid license or manufacturer registration authorizing the CNG activities to be performed at the dealership or outlet or shall apply for and be issued a CNG license or manufacturer registration prior to engaging in any CNG activities which require a license or manufacturer registration. The purchaser, lessee, or donee shall notify AFS by filing a properly completed CNG Form 1001 or CNG Form 1001M prior to engaging in any CNG activities at that dealership or outlet which require a CNG license or manufacturer registration.(2) Other changes in ownership. A change in members of a partnership occurs upon the death, withdrawal, expulsion, or addition of a partner. Upon the death of a sole proprietor or partner, the dissolution of a corporation or partnership, any changes in the members of a partnership, or other changes in ownership not specifically provided for in this section, an authorized representative of the previously existing dealership or of the successor in interest shall notify AFS in writing and shall immediately cease all CNG activities of the previously existing dealership which require a CNG license or manufacturer registration and shall not resume until AFS issues a CNG license or manufacturer registration to the successor in interest.(b) Changes in dealership business entity. When a dealership converts from one business entity into a different kind of business entity, the resulting entity shall have a valid license or manufacturer registration authorizing the CNG activities to be performed or shall apply for and be issued a license or manufacturer registration before engaging in any CNG activities which require a CNG license or manufacturer registration and shall immediately notify AFS in writing of the change in business entity.(c) Dealership name change. A licensee or registered manufacturer which changes its name shall not be required to obtain a new license or manufacturer registration but shall immediately notify AFS as follows prior to engaging in any CNG activities under the new name. The licensee or registered manufacturer shall file:(1) an amended CNG Form 1001 or CNG Form 1001M;(2) an amended CNG Form 1001A, if outlet names will change;(3) a copy of the licensee's or registered manufacturer's business documents reflecting the name change, such as amendments to the articles of incorporation or assumed name filings;(4) certificates of insurance or affidavits in lieu of insurance if permitted by §13.63 of this title (relating to Self-Insurance Requirements) or both; and(5) any other forms required by AFS.(d) Company representative and operations supervisor. In all changes of ownership, form of dealership, or name of dealership, the resulting entity shall have a properly certified company representative for the license and an operations supervisor, if required, at each outlet and as specified in §13.72 of this title (relating to Designation and Responsibilities of Company Representative and Operations Supervisor).(e) For good cause shown, the AFS director may grant a temporary exception of 30 days or less to the examination requirements for company representatives and operations supervisors. Good cause includes but is not limited to the death of a sole proprietor or partner. An applicant for a temporary exception shall comply with applicable safety requirements and submit to AFS information showing the exception will not be hazardous to the public.", "sourceNote": "Source Note: The provisions of this §13.67 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212620", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.68", "label": "CNG Cargo Tank Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212621", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) This section applies to transport containers constructed under special permit from the Department of Transportation (DOT) for the transportation of CNG.(2) All CNG cargo tanks shall comply with US DOT Code of Federal Regulations (CFR) or Transport Canada (TC) Transportation of Dangerous Goods (TDG).(3) Licensees and ultimate consumers shall comply with other DOT or motor vehicle requirements, if applicable. In addition, transports shall comply with the applicable sections of 49 CFR, the Federal Motor Vehicle Safety Standards, and any other applicable regulations.(b) Testing Requirements. Each transport container unit required to be registered with AFS shall be tested in accordance with the special permit under which it was constructed, relating to requirements for test and inspection. The tests shall be conducted by any individual authorized by the United States Department of Transportation through a DOT \"CT\" number to conduct such tests. This section shall not apply to the initial transfer of unregistered units that are tested and transferred from another state. If the test results show any unsafe condition, or if the transport unit does not comply with the special permit, the transport container unit shall be immediately removed from CNG service and shall not be returned to CNG service until all necessary repairs have been made and AFS authorizes in writing its return to service.(c) Markings. CNG transports and container delivery units shall be marked on each side and the rear with the name of the licensee or the ultimate consumer operating the unit. Such lettering shall be legible and at least two inches in height and in sharp color contrast to the background. AFS shall determine whether the name marked on the unit is sufficient to properly identify the licensee or ultimate consumer operating the unit.", "sourceNote": "Source Note: The provisions of this §13.68 adopted to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212621", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.69", "label": "Registration and Transfer of CNG Cargo Tanks or Delivery Units" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226951", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who operates a transport equipped with CNG cargo tanks or any container delivery unit, regardless of who owns the transport or unit, shall register such transport or unit with AFS in the name or names under which the operator conducts business in Texas prior to the unit being used in CNG service.(1) To register a cargo tank unit previously unregistered in Texas, the operator of the unit shall:(A) pay to AFS the $270 registration fee for each transport;(B) file a properly completed CNG Form 1007;(C) file a copy of the US DOT special permit under which the container is built; and(D) file a copy of the most recent test required by §13.68 of this title (relating to CNG Cargo Tank Requirements).(2) To register a container delivery unit previously unregistered in Texas, the operator of the unit shall:(A) pay to AFS the $270 registration fee for each unit; and(B) file a properly completed CNG Form 1007A.(3) To register a CNG cargo tank or any container delivery unit which was previously registered in Texas but for which the registration has expired, the operator of the unit shall:(A) pay to AFS the $270 registration fee;(B) file a properly completed CNG Form 1007 for cargo tanks or CNG Form 1007A for container delivery units; and(C) for cargo tanks, file a copy of the latest test results required by §13.68 of this title if an expired unit has not been used in the transportation of CNG for over one year, or if a current test has not been filed with AFS.(4) To transfer a currently registered unit, the new operator of the unit shall:(A) pay the $100 transfer fee for each unit;(B) file a properly completed CNG Form 1007T; and(C) for cargo tanks, file a copy of the latest test results required by §13.68 of this title if one has not been filed with AFS.(5) To re-register a currently registered unit, the licensee operating the unit shall:(A) pay a $270 annual registration fee;(B) file CNG Form 1007 for cargo tanks or CNG Form 1007A for container delivery units or the truck list provided with licensee's renewal notice; and(C) for cargo tanks file a copy of the latest test results required by §13.68 of this title if one has not been filed with AFS.(b) When all registration or transfer requirements have been met, AFS shall issue CNG Form 1004 which shall be properly affixed in accordance with the placement instructions on the form. CNG Form 1004 shall authorize the licensee or ultimate consumer to whom it has been issued and no other person to operate such unit in the transportation of CNG and to fill the transport containers.(1) A person shall not operate a CNG transport or cylinder delivery unit in Texas unless the CNG Form 1004 has been properly affixed or unless its operation has been specifically approved by AFS.(2) A person shall not introduce CNG into a transport container unless that unit bears a CNG Form 1004 or unless specifically approved by AFS.(3) CNG Form 1004 shall not be transferable by the person to whom it has been issued, but shall be registered by any subsequent licensee or ultimate consumer prior to the unit being placed into CNG service.(4) This subsection shall not apply to:(A) a container manufacturer/fabricator who introduces a reasonable amount of CNG into a newly constructed container in order to properly test the vessel, piping system, and appurtenances prior to the initial sale of the container. The CNG shall be removed from the transport container prior to the transport leaving the manufacturer's or fabricator's premises; or(B) a person who introduces a maximum of 500 cubic feet of CNG into a newly constructed transport container when such container will provide the motor fuel to the chassis engine for the purpose of allowing the unit to reach its destination.(5) AFS shall not issue a CNG Form 1004 if AFS or a Category 1 or 4 licensee determines that the transport is unsafe for CNG service.(6) If a CNG Form 1004 decal on a unit currently registered with AFS is destroyed, lost, or damaged, the operator of that vehicle shall obtain a replacement by filing CNG Form 1018B and a $50 replacement fee with AFS.", "sourceNote": "Source Note: The provisions of this §13.69 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective June 13, 1995, 20 TexReg 3984; amended to be effective August 30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226951", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.70", "label": "Examination and Exempt Registration Requirements and Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203791", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements and application for a new certificate.(1) In addition to NFPA 52 §§1.4.3 and 4.2, and NFPA 55 §4.7, no person shall perform work, directly supervise CNG activities, or be employed in any capacity requiring contact with CNG, unless that individual is employed by a licensee and:(A) is a certificate holder who is in compliance with renewal requirements in subsection (h) of this section; (B) is a trainee who complies with subsection (f) of section; (C) holds a current examination exemption pursuant to subsection (g) of this section; or(D) has an alternative license or a recognition by AFS of an out-of-state license pursuant to § 13.76 of this chapter (relating to Military Licensing and Fee Exemption) and is in compliance with renewal requirements in subsection (h) of this section.(b) Rules examination. (1) An individual who passes the applicable rules examination with a score of at least 75% will become a certificate holder. AFS will send a certificate to the licensee listed on the CNG Form 1016. If a licensee is not listed on the form, AFS will send the certificate to the individual's personal address.(A) Successful completion of any required examination shall be credited to and accrue to the individual.(B) An individual who has been issued a certificate shall make it readily available and shall present the certificate to any Commission employee or agent who requests proof of certification.(2) An applicant for examination shall bring to the exam site:(A) a completed CNG Form 1016; and(B) payment of the applicable fee specified in this subsection;(3) An individual who files CNG Form 2016 and pays the applicable nonrefundable examination fee may take the rules examination. (A) Dates and locations of available Commission CNG examinations may be obtained on the Commission's web site. Examinations may be administered:(i) at the Commission's AFS Training Center in Austin;(ii) at other designated times and locations around the state; and(iii) through an online testing or proctoring service.(B) Individuals or companies may request in writing that examinations be given in their area. AFS shall schedule examinations at its discretion. (C) Exam fees. (i) The nonrefundable management-level rules examination fee is $70.(ii) The nonrefundable employee-level rules examination fee is $40.(iii) The nonrefundable examination fees shall be paid each time an individual takes an examination. (iv) A military service member, military veteran, or military spouse shall be exempt from the examination fee pursuant to the requirements in §13.76 of this title (relating to Military Licensing and Fee Exemption). (v) Beginning February 7, 2023, individuals who register for an examination to be administered by a testing or proctoring service shall pay any fee required by the testing or proctoring service in addition to paying the examination fee to the Commission.(D) Time limits.(i) An applicant shall complete the examination within two hours.(ii) The examination proctor shall be the official timekeeper.(iii) An examinee shall submit the examination and the answer sheet to the examination proctor before or at the end of the established time limit for an examination.(iv) The examination proctor shall mark any answer sheet that was not completed within the time limit.(E) Each individual who performs CNG activities as an employee of an ultimate consumer or a state agency, county, municipality, school district, or other governmental subdivision shall be properly supervised by his or her employer. Any such individual who is not certified by AFS to perform such CNG activities shall be properly trained by a competent person in the safe performance of such CNG activities.(c) The following examinations are offered by the Commission. (1) Employee-level examinations:(A) The Service and Installation Technician examination qualifies an individual to perform all CNG activities related to stationary CNG systems, including CNG containers, piping, and equipment. The Service and Installation examination does not authorize an individual to fill containers or operate a CNG transport.(B) The Delivery Truck Driver examination qualifies an individual to operate a cargo tank, load and unload CNG and connect and disconnect transfer hoses, and operate a cylinder delivery unit.(C) The Cylinder Filler examination qualifies an individual to inspect, fill, disconnect, and connect CNG cylinders.(2) Management-level examinations:(A) Category 1 examination qualifies an individual to assemble, repair, test, sell, install, and subframe ASME and DOT containers.(B) Category 1A examination qualifies an individual to assemble, repair, test, sell, install, and subframe ASME containers.(C) Category 1B examination qualifies an individual to assemble, repair, test, sell, install, and subframe DOT containers.(D) Category 2 examination qualifies an individual to sell, install, service, and repair CNG systems, including cylinders.(E) Category 3 examination qualifies an individual to sell, store, transport for delivery and dispense CNG for use other than by an ultimate consumer, and to sell, install, service, and repair CNG systems as described in Category 2 and 5 examinations.(F) Category 4 examination qualifies an individual to test CNG cylinders.(G) Category 5 examination qualifies an individual to operate a CNG service station, including filling CNG cylinders, or operate a cylinder exchange dealership, including filling CNG cylinders, selling CNG in cylinders, selling CNG cylinders, and replacing cylinder valves.(d) Within 15 calendar days of the date an individual takes an examination, AFS shall notify the individual of the results of the examination.(1) If the examination is graded or reviewed by a testing or proctoring service, AFS shall notify the individual of the examination results within 14 days of the date AFS receives the results from the testing or proctoring service.(2) If the notice of the examination results will be delayed for longer than 90 days after the examination date, AFS shall notify the individual of the reason for the delay before the 90th day. AFS may require a testing or proctoring service to notify an individual of the individual's examination results.(e) Failure of any examination shall immediately disqualify the individual from performing any CNG related activities covered by the examination which is failed, except for activities covered by a separate examination which the individual has passed.(1) Any individual who fails an examination administered by the Commission at the Austin location may retake the same examination one additional time during a business day.(2) Any subsequent examinations shall be taken on another business day, unless approved by the AFS director.(3) An individual who fails an examination may request an analysis of the individual's performance on the examination.(f) Trainees.(1) A licensee or ultimate consumer may employ an individual as a trainee for a period not to exceed 45 calendar days without that individual having successfully completed the rules examination, as specified in subsection (b) of this section, or registered as specified in subsection (g) of this section, subject to the following conditions:(A) In addition to NFPA 52 §4.2, the trainee shall be directly and individually supervised at all times by an individual who has successfully completed the Commission's rules examination for the areas of work being performed by the trainee.(B) A trainee who has been in training for a total period of 45 calendar days, in any combination and with any number of employers, shall cease to perform any CNG activities for which the trainee is not certified until the trainee successfully completes the rules examination.(2) A trainee who fails the rules examination shall immediately cease to perform any CNG related activities covered by the examination failed. (g) General installers and repairmen exemption.(1) Any individual who is currently licensed as a master or journeyman plumber by the Texas State Board of Plumbing Examiners or who is currently licensed with a Class A or B Air Conditioning and Refrigeration Contractors License issued by the Texas Department of Licensing and Regulation, may register with AFS and be granted an exemption to the service and installation technician employee-level examination requirements, provided the applicant:(A) holds an active license in compliance with Texas Occupations Code, §1302.260, relating to Issuance and Term of License, and §1301.351, relating to License, Endorsement, or Registration Required;(B) submits a completed CNG Form 1016B;(C) submits the required $30 original filing fee, except as described in paragraph (8) of this subsection;(D) submits a legible copy of a current Air Conditioning and Refrigeration Contractors License or Master/Journeyman Plumbers certificate; and(E) submits a legible copy of a current picture state-issued identification card or driver's license.(2) This exemption does not become effective until the examination exemption card is issued by AFS.(3) The examination exemption accrues to the individual and is nontransferable. An exemption does not allow other individuals to perform CNG related activities under the supervision of the registered individual. Each individual performing CNG related activities must be registered or certified by examination in accordance with subsection (a) of this section.(4) Any individual granted such exemption shall maintain registered status at all times. Upon failure to maintain registered status, the individual shall immediately cease all affected CNG activities until proper status has been regained.(5) In order to maintain an exemption, each individual issued an examination exemption card must maintain a valid master or journeyman plumbers license or Class A or B Air Conditioning and Refrigeration Contractors license. Each individual shall also pay a $20 annual renewal fee to AFS on or before May 31 of each year. Failure to pay the annual renewal fee by May 31 shall result in a lapsed exemption. If an individual's exemption lapses, that individual shall cease all CNG activities until the exemption has been renewed. To renew a lapsed exemption, the individual shall pay the $20 annual renewal fee plus a $20 late-filing fee. Failure to do so shall result in the expiration of the examination exemption. If the individual's examination exemption has been expired for more than two years, the individual shall complete all requirements necessary to apply for a new exemption.(6) Individuals issued an exemption must maintain a valid master or journeyman plumbers license or ACR Contractors license to renew their Commission registration.(7) Any individual who is issued an exemption under this subsection agrees to comply with the current edition of the rules in this chapter. In the event the exempt individual surrenders, fails to renew, or has the license revoked either by the Texas State Board of Plumbing Examiners or Texas Department of Licensing and Regulation, that individual shall immediately cease performing any CNG activity granted by this section. (8) A military service member, military veteran, or military spouse shall be exempt from the original registration fee pursuant to the requirements in §13.76 of this title.(h) Requirements for certificate holder renewal.(1) In order to maintain active status, certificate holders shall renew their certificate or exemption annually as specified in this subsection.(2) AFS shall notify licensees of any of their employees' pending renewal deadlines and shall notify the individual, if not employed by a licensee, in writing, at the address on file with AFS, no later than March 15 of a year for the May 31 renewal date of that year.(3) Certificate holders shall pay the nonrefundable $25 annual certificate renewal fee to AFS on or before May 31 of each year. Individuals who hold more than one certificate shall pay only one annual renewal fee.(A) Failure to pay the nonrefundable annual renewal fee by the deadline shall result in a lapsed certificate.(i) To renew a lapsed certificate, the individual shall pay the nonrefundable $25 annual renewal fee plus a nonrefundable $20 late-filing fee. Failure to do so shall result in the expiration of the certificate.(ii) If an individual's certificate lapses or expires, that individual shall immediately cease performance of any CNG activities authorized by the certificate.(iii) If an individual's certificate has been expired for more than two years from May 31 of the year in which the certificate lapsed, that individual shall comply with the requirements of subsection (a) of this section.(B) Upon receipt of the annual renewal fee and late filing fee, AFS shall verify that all applicable requirements have been met. After verification, AFS shall renew the certificate and send a copy of the certificate, and the individual may continue or resume CNG activities authorized by that certificate.", "sourceNote": "Source Note: The provisions of this §13.70 adopted\r\nto be effective November 15, 1990, 15 TexReg 5941; amended to be effective\r\nOctober 15, 1993, 18 TexReg 6457; amended to be effective August 30,\r\n1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26\r\nTexReg 8342; amended to be effective June 9, 2003, 28 TexReg 4416;\r\namended to be effective June 5, 2006, 31 TexReg 4604; amended to be\r\neffective October 29, 2007, 32 TexReg 7677; amended to be effective\r\nFebruary 1, 2008, 33 TexReg 141; amended to be effective December\r\n24, 2012, 37 TexReg 9917; amended to be effective January4,2016, 41\r\nTexReg 239; amended to be effective February 15, 2021, 46 TexReg 1035;\r\namended to be effective February 7, 2023, 48 TexReg 507; amended to\r\nbe effective December 8, 2025, 50 TexReg 7885." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203791", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.71", "label": "Hearings for Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203792", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may deny, suspend, or revoke a license, registration, or certificate for any person who fails to comply with this chapter.(1) If AFS determines that an applicant for license, manufacturer registration, certificate, or renewal has not met the requirements of this chapter, AFS shall notify the applicant in writing of the reasons for the proposed denial. In the case of an applicant for license, manufacturer registration, or certificate, the notice shall advise the applicant that the application may be resubmitted within 30 calendar days of receipt of the denial with all cited deficiencies corrected, or, if the applicant disagrees with AFS' determination, the applicant may request a hearing in writing on the matter within 30 calendar days of receipt of the notice of denial.(2) If the applicant resubmits the application within 30 days of receipt of the denial with all deficiencies corrected, AFS shall issue the license, manufacturer registration, certificate, or renewal as applicable.(b) Hearing regarding denial of license, manufacturer registration, certificate, or associated renewals.(1) An applicant receiving a notice of denial may request a hearing to determine whether the applicant did comply in all respects with the requirements for the license, registration, or certificate sought. The request for hearing must be in writing, must refer to the specific requirements the applicant claims were met, and must be received in the Commission's Austin office within 30 days of the applicant's receipt of the notification of denial.(2) Upon receipt of a request complying with paragraph (1) of this subsection, AFS shall forward the request for a hearing to the Hearings Division for the purpose of scheduling a hearing within 30 calendar days following the receipt of the request for hearing to determine the applicant's compliance or noncompliance with applicable requirements.(3) If, after hearing, the Commission finds the applicant's claim has been supported, the Commission may issue an order approving the license, manufacturer registration, or certificate and AFS shall issue the license, manufacturer registration, certificate, or associated renewal if applicable.(4) If, after hearing, the Commission finds that the applicant does not comply with the requirements of this chapter, the Commission may issue an order denying the application or renewal.(c) Suspension and revocation of licenses, manufacturer registrations, or certificates.(1) If AFS finds by means including, but not limited to, inspection, review of required documents submitted, or complaint by a member of the general public or any other person, a probable or actual violation of or noncompliance with the Texas Natural Resources Code, Chapter 116, or this chapter, AFS shall notify the licensee, registered manufacturer, or certificate holder of the alleged violation or noncompliance in writing.(2) The notice shall specify the acts, omissions, or conduct constituting the alleged violation or noncompliance and shall designate a date not less than 30 calendar days or more than 45 calendar days after the licensee, registered manufacturer, or certificate holder receives the notice by which the violation or noncompliance must be corrected or discontinued. If AFS determines the violation or noncompliance may pose imminent peril to the health, safety, or welfare of the general public, AFS may notify the licensee, registered manufacturer, or certificate holder orally with instruction to immediately cease the violation or noncompliance. When oral notice is given, AFS shall follow it with written notification no later than five business days after the oral notification.(3) The licensee, registered manufacturer, or certificate holder shall either report the correction or discontinuance of the violation or noncompliance within the time frame specified in the notice or request an extension of time in which to comply. The request for extension of the time to comply must be received by AFS within the same time frame specified in the notice for correction or discontinuance.(d) Hearing regarding suspension or revocation of licenses, manufacturer registrations, and certificates.(1) If a licensee, registered manufacturer, or certificate holder disagrees with the determination of AFS under this section, that licensee or certified individual may request a public hearing on the matter to be conducted as specified in Chapter 1 of this title (relating to Practice and Procedure). The request shall be in writing, shall refer to the specific rules or statutes the person claims were met, and shall be received by AFS within 30 calendar days of the person's receipt of the notice of violation or noncompliance.(2) AFS shall forward the request for hearing to the Hearings Division.", "sourceNote": "Source Note: The provisions of this §13.71 adopted to be effective October 15, 1993, 18 TexReg 6457; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203792", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.72", "label": "Designation and Responsibilities of Company Representatives and Operations Supervisors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203793", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensee shall have at least one company representative for the license and at least one operations supervisor for each outlet.(1) A licensee maintaining one or more outlets shall file CNG Form 1001 with AFS listing the physical location of the first outlet and designating the company representative for the license and file CNG Form 1001A designating the physical location and operations supervisor for each additional outlet.(2) A licensee may have more than one company representative.(3) An individual may be an operations supervisor at more than one outlet provided that:(A) each outlet has a designated CNG certified employee responsible for the CNG activities at that outlet;(B) the certified employee's and/or operations supervisor's telephone number is posted at the outlet on a sign with lettering at least 3/4 inches high, visible and legible during normal business hours; and(C) the certified employee and/or operations supervisor monitors the telephone number and responds to calls during normal business hours.(4) The company representative may also serve as operations supervisor for one or more of the licensee's outlets provided that the person meets both the company representative and operations supervisor requirements in this section.(5) A licensee shall immediately notify AFS in writing upon conclusion of employment, for whatever reason, of its company representative or any operations supervisor and shall at the same time designate a replacement.(6) A licensee shall cease all CNG activities if it no longer employees a qualified company representative who complies with the Commission's requirements. A licensee shall not resume CNG activities until such time as it has a properly qualified company representative.(7) A licensee shall cease CNG activities at an outlet if it no longer employs a qualified operations supervisor at that outlet who complies with the Commission's requirements. A licensee shall not resume CNG activities at that outlet until such time as it has a properly qualified operations supervisor.(b) A company representative shall:(1) be an owner or employee of the licensed entity;(2) be the licensee's principal individual in authority and be responsible for actively supervising all CNG activities conducted by the licensee, including all equipment, container, product, and system activities;(3) have a working knowledge of the licensee's CNG activities to ensure compliance with the rules in this chapter and the Commission's administrative requirements;(4) pass the appropriate management‑level rules examination;(5) be directly responsible for all employees performing their assigned CNG activities, unless an operations supervisor is fulfilling this requirement; and(6) submit any additional information as deemed necessary by AFS.(c) In addition to NFPA 52 §§1.4.3 and 4.2, an operations supervisor shall:(1) be an owner or employee of the licensee;(2) pass the applicable management‑level rules examination; and(3) be directly responsible for actively supervising the CNG activities of the licensee at the designated outlet.", "sourceNote": "Source Note: The provisions of this §13.72 adopted to be effective June 13, 1995, 20 TexReg 3984; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203793", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.73", "label": "Employee Transfers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203782", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or ultimate consumer shall notify AFS when a certificate holder or individual with an examination exemption is hired by filing CNG Form 1016A and a nonrefundable $10 fee with AFS, or in lieu of CNG Form 1016A, submit the $10 fee and a written notice including:(1) the employee's name as recorded with the Commission; and(2) the last four digits of the employee's social security number.(b) Upon approval of the documents submitted under subsection (a) of this section and verification of the individual's active status, AFS will send a copy of the certificate or exemption card to the new employer.", "sourceNote": "Source Note: The provisions of this §13.73 adopted to be effective August 30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective February 1, 2008, 33 TexReg 141; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203782", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.75", "label": "Franchise Tax Certification and Assumed Name Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226952", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for an original or renewal license or registered manufacturer that is a corporation, limited partnership, or limited liability company shall be approved to transact business in Texas by the Texas Comptroller of Public Accounts. The licensee or registered manufacturer shall provide a copy of the current Certificate of Account Status from the Texas Comptroller of Public Accounts.(b) All applicants for license or manufacturer registrations, or their corresponding renewals shall list on CNG Form 1001 or CNG Form 1001M all names under which CNG related activities requiring licensing or registration as a container manufacturer are to be conducted. Any company performing CNG activities under an assumed name (\"DBA\" or \"doing business as\") shall file with AFS copies of the assumed name certificates which are required to be filed with the respective county clerk's office and/or the Office of the Secretary of State.", "sourceNote": "Source Note: The provisions of this §13.75 adopted to be effective October 15, 1993, 18 TexReg 6458; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226952", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.76", "label": "Military Licensing and Fee Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203783", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions. (1) Applicability. This section applies to military service members, military veterans, or military spouses, as specified in this section and as those terms are defined in Texas Occupations Code, Chapter 55.(2) License. For purposes of this section, a \"license\" means a license, certificate, registration, permit, or other form of authorization required by this chapter that must be obtained by an individual to engage in a particular business.(3) Determination of Good Standing. For purposes of this section, an individual is in good standing with another state's licensing authority if the individual: (A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;(B) has not been disciplined by the licensing authority with respect to the license or individual's practice of the occupation for which the license is issued; and(C) is not currently under investigation by the licensing authority for unprofessional conduct related to the individual's license or profession.(4) Complaints and Reporting. The Commission shall maintain a record of each complaint made against a military service member, military veteran, or military spouse to whom AFS issues a license or who holds an out-of-state license the Commission recognizes. The Commission shall publish at least quarterly on its website the complaint information, including a general description of the disposition of each complaint.(b) Alternative Licensing. (1) A military service member, military veteran, or military spouse may apply to be issued a CNG license by the Commission if the military service member, military veteran, or military spouse: (A) holds a current license issued by the licensing authority of another state that is similar in scope of practice to a CNG license issued by the Commission and is in good standing with the other state's licensing authority; or (B) within the five years preceding the application date held a CNG license issued by the Commission.(2) An application for an alternative license shall be made by submitting a completed Form 16V to AFS. The applicant must attach the following to Form 16V:(A) a copy of the applicant's current CNG license issued by the licensing authority of another state, if applicable;(B) a copy of military documentation showing the applicant's military status as a military service member or military veteran;(C) if the applicant is a military spouse, a copy of the military spouse's marriage license; and(D) any other information that may be required by AFS.(3) Upon receipt of a completed Form 16V with required attachments, AFS shall:(A) confirm with the other state that the military service member, military veteran, or military spouse is currently licensed and in good standing for the relevant business or occupation; and(B) conduct a comparison of the other state's licensing requirements, statutes, and rules with AFS's licensing requirements to determine if the requirements are similar in scope of practice. (4) AFS shall issue the alternative CNG license not later than the 10th business day after the date AFS receives an application for an alternative license in compliance with this subsection and section 55.004, Occupations Code (relating to Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses).(c) Recognition of Out-of-State Licensing.(1) A military service member or military spouse may apply to engage in a CNG activity for which a CNG license is required by the Commission if the military service member or military spouse holds a current license issued by the licensing authority of another state that is similar in scope of practice to a CNG license issued by the Commission. A military service member or military spouse must receive a written recognition from AFS pursuant to this subsection before engaging in a CNG activity.(2) An application for the recognition of an out-of-state CNG license shall be made by submitting a completed Form 16M to AFS. The applicant must be in good standing with the other state's licensing authority for Form 16M to be approved. The applicant must attach the following to a Form 16M:(A) a copy of the applicant's current CNG license issued by the licensing authority of another state; (B) a copy of military documentation showing the applicant's status as a military service member or a military spouse; (C) a copy of the applicant's military orders showing relocation to this state;(D) if the applicant is a military spouse, a copy of the military spouse's marriage license; and(E) any other information that may be required by AFS.(3) Form 16M includes an affidavit that must be notarized by the applicant affirming under penalty of perjury that: (A) the applicant is the person described and identified in the application;(B) all statements in the application are true, correct, and complete; (C) the applicant understands the scope of practice for the applicable license in this state and will not perform outside of that scope of practice; and (D) the applicant is in good standing in the state in which the applicant holds an applicable license.(4) Upon receipt of a completed Form 16M with required attachments, AFS shall conduct a comparison of the other state's license requirements, statutes, and rules with AFS's licensing requirements to determine if the requirements are similar in scope of practice.(5) Not later than the 10th business day after AFS receives a completed Form 16M with required attachments, AFS will notify the applicant that:(A) AFS recognizes the applicant's out-of-state license and will provide a written recognition document;(B) the application is incomplete, noting the area of deficiency; or(C) AFS is unable to recognize the applicant's out-of-state license because the Commission does not issue a license similar in scope of practice to the applicant's out-of-state license. (6) If a military service member or military spouse is granted the written recognition of an out-of-state CNG license by the Commission, the following conditions apply:(A) The military service member or military spouse shall comply with all other laws and regulations applicable to the CNG license in this state;(B) The military service member or military spouse may only engage in the CNG activity authorized by the written recognition for the period during which the military service member is stationed at a military installation in Texas, or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas; and(C) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse submitted the Form 16M. (d) Fee Exemptions.(1) The Commission shall waive the license application and examination fees for a military service member, military veteran, or military spouse. To receive a military fee exemption, an applicant for a fee exemption shall file with the Commission a Form 35 and any documentation required by this subsection.(2) A military service member, military veteran, or military spouse shall submit the following documentation with Form 35:(A) a copy of any military records showing the applicant's dates of service; and(B) a copy of the applicant's driver's license or state-issued identification card.(3) AFS shall review Form 35 and required documentation to determine if the requirements for the fee exemption have been met and shall notify the applicant of the determination in writing within 10 days.(A) If all requirements have been met, the applicant may submit the application for license or examination and attach a copy of the written notice granting military fee exemption with the application to serve as notice of payment.(B) If AFS has notified the applicant that the application is incomplete, the applicant shall provide any requested information or documentation within 10 days of the date of the notice.(e) Renewals.(1) A military service member, military veteran, or military spouse who receives an alternative license or recognition by AFS of an out of state license remains subject to all other renewal requirements in this chapter, including all applicable fees and training or continuing education courses.(2) A service member who fails to timely renew a license because the individual was on active duty is exempt from any increased fee or penalty imposed by AFS.(3) A military service member who holds a license is entitled to two years of additional time to complete:(A) any continuing education requirements; and(B) any other requirement related to the renewal of the military service member's license.", "sourceNote": "Source Note: The provisions of this §13.76 adopted\r\nto be effective December 8, 2025, 50 TexReg 7885." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203783", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "C", "label": "CLASSIFICATION, REGISTRATION, AND EXAMINATION" }, "rule": { "number": "§13.80", "label": "Requests for CNG Classes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212273", "queryAsDate": "03/11/2026" }, "ruleBody": "Requests for Commission staff to conduct a CNG training class for CNG activities under the Commission's jurisdiction shall be submitted to the AFS training section. The AFS training section may conduct the requested class at its discretion. The nonrefundable fee for a CNG training class is $250 if no overnight expenses are incurred by the AFS training section, or $500 if overnight expenses are incurred. AFS may waive the class fee in cases where the Commission recovers the cost of the class from another source, such as a grant.", "sourceNote": "Source Note: The provisions of this §13.80 adopted to be effective June 5, 2006, 31 TexReg 4604; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212273", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "D", "label": "CNG COMPRESSION, STORAGE, AND DISPENSING SYSTEMS" }, "rule": { "number": "§13.91", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212274", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter applies to the design, construction, installation, and operation of cylinders, pressure vessels, compression equipment, buildings and structures, and associated equipment used for stationary compressed natural gas (CNG) installations.", "sourceNote": "Source Note: The provisions of this §13.91 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective June 1, 1994, 19 TexReg 3170; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212274", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "D", "label": "CNG COMPRESSION, STORAGE, AND DISPENSING SYSTEMS" }, "rule": { "number": "§13.93", "label": "System Protection Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204066", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §7.3.2, and NFPA 55 §§4.11 and 7.1.9, equipment related to a compression, storage, or dispensing installation, shall be protected from tampering and damage in accordance with subsections (b) and (c) of this section. These protections shall be maintained in good condition at all times.(b) Fencing at CNG stationary installations shall comply with the following.(1) Fencing material shall be chain link type with wire at least 12‑1/2 American wire gauge in size.(2) Fencing shall be at least six feet in height at all points. Fencing may be five feet in height when topped with at least three strands of barbed wire, with the strands four inches apart.(3) Uprights, braces, and cornerposts of the fence shall be composed of noncombustible material.(4) Uprights, braces, and cornerposts of the fence shall be anchored in concrete a minimum of 12 inches below the ground.(5) All fenced enclosures shall have at least one gate suitable for ingress and egress. All gates shall be locked whenever the area enclosed is unattended.(6) A minimum clearance of two feet shall be maintained between the fencing and the compression equipment, cylinder cascade(s), or container(s), and the entire dispensing system(s).(7) Fencing which is located more than 25 feet from any point of a CNG dispensing system(s), container(s), or compression equipment is designated as perimeter fencing. If a CNG dispensing system(s), cylinder cascade(s), or compression equipment is located inside perimeter fencing and is subject to vehicular traffic, it shall be protected against damage according to the specifications set forth in subsection (c) of this section.(8) The storage and compression area must be completely enclosed by fencing.(9) Where fencing is not used to protect the installation, then valve locks, a means of locking the electric control for the compressors, or other suitable means shall be provided to prevent unauthorized withdrawal of CNG.(c) Guardrails at CNG stationary installations shall comply with the following:(1) Vertical supports for guardrails shall be at least three‑inch Schedule 40 steel pipe, or other material with equal or greater strength. The vertical supports shall be capped on the top or otherwise protected to prevent the entrance of water or debris into the guardpost, anchored in concrete at least 18 inches below the ground, and rise at least 30 inches above the ground. Supports shall be spaced four feet apart or less.(2) The top of the horizontal guardrailing shall be secured to the vertical supports at least 30 inches above the ground. The horizontal guardrailing shall be at least three‑inch Schedule 40 steel pipe, or other material with equal or greater strength. The horizontal guardrailing shall be capped on the ends or otherwise protected to prevent the entrance of water or debris into the guardpost, and welded or bolted to the vertical supports with bolts of sufficient size and strength to prevent damage to the protected equipment under normal conditions, including the nature of the traffic to which the protected equipment is subjected.(3) Openings in horizontal guardrailing shall not exceed 36 inches. Only one opening is allowed on each side of the guardrailing. A means of temporarily removing the horizontal guardrailing and/or vertical supports to facilitate the handling of heavy equipment may be incorporated into the horizontal guardrailing and vertical supports. In no case shall the protection provided by the horizontal guardrailing and vertical supports be decreased.(4) A minimum clearance of 24 inches shall be maintained between the railing and any part of the CNG compression equipment, cylinder cascade(s), container(s), or dispensing equipment.(5) The operating end of the container(s) and any part of the CNG compression equipment, piping, or cylinder cascade(s) which is exposed to collision damage or vehicular traffic shall be protected from this type of damage.(d) Dispenser protection. Each dispenser shall be secured to a concrete island a minimum of six inches above the normal grade and two inches above the grade of any other fuel dispenser(s). Each dispenser shall be protected against collision damage. Support columns or other such protection installed at the approach end(s) of the concrete island shall prevent collision with the dispenser. If such protection cannot be provided, then the requirements of subsection (c) of this section shall apply.(e) The provisions of this section notwithstanding, AFS may require an installation to be protected in accordance with this section when evidence exists that because of exceptional circumstances, added safeguards are needed to adequately protect the health, safety, and welfare of the general public. If a person owning or operating such an installation disagrees with the determination of AFS made under this subsection, then that person may request a public hearing on the matter. However, until a determination is issued subsequent to a hearing on the matter, the subject automatic dispenser(s) shall be either protected in the manner described by AFS or removed from CNG service and/or all of the product withdrawn from it.(f) At least two monitoring sensors shall be installed at all stationary installations where methane can be trapped to detect hazardous levels of methane. Sensors shall activate prior to the methane level exceeding 25% of the lower flammability limit (LFL). If the level exceeds 25% of the LFL, the sensor shall either shut the system down or activate an audible and visual alarm. The number of sensors to be installed shall comply with the area of coverage for each sensor and the size of the installation. The sensors shall be installed and maintained in accordance with the manufacturer's instructions.(g) In addition to NFPA 52 §§7.4.3.11, 7.11.5.2, and 7.14.12 and NFPA 55 §§4.10 and 7.1.8.3, all CNG storage installations, and installations protected by guardrails only, must comply with the sign and/or lettering requirements of Table 1 of this section.Attached Graphic", "sourceNote": "Source Note: The provisions of this §13.93 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective June 1, 1994, 19 TexReg 3170; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204066", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "D", "label": "CNG COMPRESSION, STORAGE, AND DISPENSING SYSTEMS" }, "rule": { "number": "§13.106", "label": "Maintenance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204067", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) While in transit, fueling hose and flexible metal hose on a cargo vehicle to be used in a transfer operation, including their connections, shall be depressurized and protected from wear and injury.(b) Pressure relief devices shall be maintained in proper operating condition.(c) As a precaution to keep pressure relief devices in reliable operating condition, care shall be taken in the handling or storing of CNG cylinders to avoid damage. Care shall also be exercised to avoid plugging by paint or other dirt accumulation of pressure relief device channels or other parts which could interfere with the functioning of the device.", "sourceNote": "Source Note: The provisions of this §13.106 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204067", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "D", "label": "CNG COMPRESSION, STORAGE, AND DISPENSING SYSTEMS" }, "rule": { "number": "§13.107", "label": "Dispenser Installation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8191", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §§7.14.4 and 7.14.5, dispensers shall comply with §13.37 of this title (relating to Appurtenances and Equipment). Existing dispensers may be modified, provided the modifications include only those components listed as approved by a laboratory as specified in §13.37 of this title, and are installed in a workmanlike manner in accordance with industry standards.(b) The dispenser shall have the following features.(1) A key, card, or code system shall be used for automatic dispensers.(2) All appurtenances, metering equipment, and other related equipment installed on a dispenser shall meet all applicable requirements of the rules in this chapter.(3) All dispensing equipment shall be fabricated of material suitable for CNG, and resistant to the action of CNG under service conditions.(4) The dispensing system shall incorporate a cutoff valve with an opening and closing device which ensures the valve is in a closed position when the dispenser is deactivated.(5) The fueling connector shall be compatible with the fueling connection of the vehicle as specified in §13.34 of this title (relating to Vehicle Fueling Connection). The fueling connector shall have the following safety features:(A) remote vapor discharge; and(B) a manual shut‑off valve.(c) CNG dispensing systems utilizing automatic dispensers shall be limited to the filling of permanently mounted fuel containers on CNG‑powered vehicles.(d) Fuel dispensers, including automatic dispensers, may be operated only by an individual who has been properly trained.(1) The licensee owning, operating, or servicing a CNG fuel dispensing facility shall ensure the safe operation of the system and provide training to users.(2) Step‑by‑step operating instructions provided by the manufacturer shall be posted at or on each automatic dispenser, readily visible to the operator during transfer operations. The instructions shall describe each action necessary to operate the automatic dispenser and include the location of and procedure for activating emergency shutoff equipment.(3) Each person or entity who operates a fuel dispenser, excluding an automatic dispenser, shall be provided with written instructions and safe operating procedures by the licensee. The person operating the dispenser should be cautioned to study and preserve such instructions and procedures.(e) Each retail CNG dispenser shall comply with the applicable weights and measures requirements of the Texas Department of Agriculture, relating to dispensing accuracy.(f) If automatic dispensers are to be used during hours of darkness, permanent adequate lighting shall be provided to facilitate proper operations.", "sourceNote": "Source Note: The provisions of this §13.107 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8191", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "E", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§13.131", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203797", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter applies to the design, installation, inspection, and testing of compressed natural gas (CNG) fuel supply systems for vehicular internal combustion engines.(b) Installation of each component of the system shall be made in conformance to the written instructions provided by the manufacturer.", "sourceNote": "Source Note: The provisions of this §13.131 adopted to be effective November 15, 1990, 15 TexReg 5945." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203797", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "E", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§13.133", "label": "Installation of Fuel Supply Containers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203798", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §§6.3.2 and 6.3.3, fuel supply containers on school buses, mass transit, and other public transportation vehicles shall not be located within the driver or passenger compartment. The motor fuel containers installed on a special transit vehicle may be installed in the passenger compartment, provided all connections to the containers are external to, or sealed and vented from, those compartments.(b) If necessary, a plumbing chamber door shall be provided in the sidewall of the school bus, mass transit, or special transit vehicle to allow easy access for filling or securing the service valve in the event of an emergency. The plumbing chamber door shall be hinged and latched, but not locked.", "sourceNote": "Source Note: The provisions of this §13.133 adopted to be effective November 15, 1990, 15 TexReg 5945; amended to be effective October 15, 1993, 18 TexReg 6459; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203798", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "E", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§13.142", "label": "Maintenance and Repair" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203799", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As a precaution to keep pressure relief devices in reliable operating condition, care shall be taken in the handling or storing of CNG cylinders to avoid damage. Care shall also be exercised to avoid plugging by paint or other dirt accumulation of pressure relief device channels or other parts which could interfere with the functioning of the device.(b) If any component is not in safe working order, AFS may require that the vehicle be immediately removed from CNG service and not be operated until the necessary repairs have been made.", "sourceNote": "Source Note: The provisions of this §13.142 adopted to be effective November 15, 1990, 15 TexReg 5945; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203799", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "E", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§13.143", "label": "Venting of CNG to the Atmosphere" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "411", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 52 §6.14.1.1, all venting of CNG shall be done outdoors.", "sourceNote": "Source Note: The provisions of this §13.143 adopted to be effective June 1, 1994, 19 TexReg 3170; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "411", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "F", "label": "RESIDENTIAL FUELING FACILITIES" }, "rule": { "number": "§13.181", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203800", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter applies to the design, construction, installation, and operation of a residential fueling facility as defined in §13.2 of this title (relating to Definitions).(b) The provisions of this subchapter shall apply to all residential refueling installations.", "sourceNote": "Source Note: The provisions of this §13.181 adopted to be effective November 15, 1990, 15 TexReg 5948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203800", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "F", "label": "RESIDENTIAL FUELING FACILITIES" }, "rule": { "number": "§13.183", "label": "System Component Qualifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203801", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 52 §8.2.1, system components shall comply with the appropriate provisions in Subchapter B of this chapter (relating to General Rules for Compressed Natural Gas (CNG) Equipment Qualifications).", "sourceNote": "Source Note: The provisions of this §13.183 adopted to be effective November 15, 1990, 15 TexReg 5948; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203801", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "F", "label": "RESIDENTIAL FUELING FACILITIES" }, "rule": { "number": "§13.187", "label": "Installation of Pressure Relief Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203802", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 52, §8.5, the discharge vent line shall be able to withstand the pressure from the relief vapor discharge when the relief device is in the full open position and shall permit sufficient pressure relief relieving capacity. A spring loaded or counterbalanced rain cap shall be provided on the discharge vent line. The rain cap shall permit the pressure relief device to operate at sufficient relieving capacity.", "sourceNote": "Source Note: The provisions of this §13.187 adopted to be effective November 15, 1990, 15 TexReg 5948; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203802", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "F", "label": "RESIDENTIAL FUELING FACILITIES" }, "rule": { "number": "§13.190", "label": "Piping and Hose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203803", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The use of hose in an installation is limited to:(1) a vehicle refueling hose; the maximum length fueling hose is 12 feet and shall be supported;(2) an inlet connection to compression equipment not exceeding 36 inches. This connector, if used, shall be supplied as part of the residential fueling appliance;(3) a section of metallic hose not exceeding 36 inches in length in a pipeline to provide flexibility where necessary. Each section shall be so installed that it will be protected against mechanical damage and be readily visible for inspection. The manufacturer's identification shall be retained in each section;(4) hose used for pressure relief device channels may exceed 36 inches.(b) The least possible number of connections shall be used in order to reduce the possibility of leakage in the residential fueling appliance.", "sourceNote": "Source Note: The provisions of this §13.190 adopted to be effective November 15, 1990, 15 TexReg 5948; amended to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203803", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "G", "label": "ADOPTION BY REFERENCE OF NFPA 52 (VEHICULAR GASEOUS FUEL SYSTEMS CODE)" }, "rule": { "number": "§13.201", "label": "Adoption by Reference of NFPA 52" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203804", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective February 15, 2021, except as modified in this subchapter, the Commission adopts by specific reference the provisions established by the National Fire Protection Association in its 2013 edition of the Vehicular Gaseous Fuel Systems Code, commonly referred to as NFPA 52 or Pamphlet 52. Nothing in this section or subchapter shall prevent the Commission, after notice, from adopting additional requirements, whether more or less stringent, for individual situations to protect the health, safety, and welfare of the general public. Any documents or parts of documents incorporated by reference into these rules shall be a part of these rules as if set out in full.(b) Effective February 15, 2021, the Commission also adopts by reference all other NFPA publications or portions of those publications referenced in NFPA 52 which apply to CNG activities only. The pamphlets adopted by reference in NFPA 52 are:(1) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2012 edition;(2) NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2010 edition;(3) NFPA 51B, Standard for Fire Prevention During Welding, Cutting, and Other Hot Work, 2009 edition;(4) NFPA 54, National Fuel Gas Code, 2012 edition;(5) NFPA 59A, Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG), 2013 edition;(6) NFPA 70, National Electrical Code, 2014 edition;(7) NFPA 80, Standard for Fire Doors and Other Opening Protectives, 2013 edition;(8) NFPA 101, Life Safety Code, 2012 edition;(9) NFPA 259, Standard Test Method for Potential Heat of Building Materials, 2013 edition;(10) NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor Craft, 2010 edition;(11) NFPA 303, Fire Protection Standard for Marinas and Boatyards, 2011 edition;(12) NFPA 496, Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2013 edition; and(13) NFPA 5000, Building Construction and Safety Code, 2012 edition.", "sourceNote": "Source Note: The provisions of this §13.201 adopted to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203804", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "G", "label": "ADOPTION BY REFERENCE OF NFPA 52 (VEHICULAR GASEOUS FUEL SYSTEMS CODE)" }, "rule": { "number": "§13.202", "label": "Clarification of Certain Terms Used in NFPA 52" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212275", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority having jurisdiction. As pertains to CNG activities in Texas, the phrase \"authority having jurisdiction\" defined in NFPA 52 §3.2 and referenced in other NFPA publications shall be the Railroad Commission of Texas or any of its divisions or employees, except with respect to the definitions of \"approved,\" \"labeled,\" and \"listed\" in NFPA 52 §3.2.(b) Engineering. The Commission does not adopt language in any NFPA 52 rule such as \"sound engineering practice,\" \"accepted engineering practice,\" \"good engineering practice,\" \"sound engineering design,\" or similar language that might be understood to mean or refer to the practice of engineering. The omission of a specific NFPA 52 rule or other NFPA pamphlets containing such language from the exceptions listed in this subchapter is inadvertent and shall not be read or understood as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring a license.", "sourceNote": "Source Note: The provisions of this §13.202 adopted to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212275", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "G", "label": "ADOPTION BY REFERENCE OF NFPA 52 (VEHICULAR GASEOUS FUEL SYSTEMS CODE)" }, "rule": { "number": "§13.203", "label": "Sections in NFPA 52 Adopted with Additional Requirements or Not Adopted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212276", "queryAsDate": "03/11/2026" }, "ruleBody": "Table 1 of this section lists certain NFPA 52 sections which the Commission adopts with additional requirements or does not adopt in order to address the Commission's rules in this chapter.Attached Graphic", "sourceNote": "Source Note: The provisions of this §13.203 adopted to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212276", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "H", "label": "ADOPTION BY REFERENCE OF NFPA 55 (COMPRESSED GASES AND CRYOGENIC FLUIDS CODE)" }, "rule": { "number": "§13.301", "label": "Adoption by Reference of NFPA 55" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203807", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective February 15, 2021, except as modified in this subchapter, the Commission adopts by specific reference the provisions established by the National Fire Protection Association in its 2013 edition of the Compressed Gases and Cryogenic Fluids Code, commonly referred to as NFPA 55 or Pamphlet 55. Nothing in this section or subchapter shall prevent the Commission, after notice, from adopting additional requirements, whether more or less stringent, for individual situations to protect the health, safety, and welfare of the general public. Any documents or parts of documents incorporated by reference into these rules shall be a part of these rules as if set out in full.(b) Effective February 15, 2021, the Commission also adopts by reference all other NFPA publications or portions of those publications referenced in NFPA 55 which apply to CNG activities only. The pamphlets adopted by reference in NFPA 55 are:(1) NFPA 1, Fires Code, 2012 edition;(2) NFPA 2, Hydrogen Technologies Code, 2011 edition;(3) NFPA 10, Standard for Portable Fire Extinguishers, 2010 edition;(4) NFPA 13, Standard for the Installation of Sprinkler Systems, 2013 edition;(5) NFPA 16, Standard for the Installation of Foam‑Water Sprinkler and Foam‑Water Spray Systems, 2011 edition;(6) NFPA 30, Flammable and Combustible Liquids Code, 2012 edition;(7) NFPA 31, Standard for the Installation of Oil‑Burning Equipment, 2011 edition;(8) NFPA 45, Standard on Fire Protection for Laboratories Using Chemicals, 2011 edition;(9) NFPA 51, Standard for the Design and Installation of Oxygen‑Fuel Gas Systems for Welding, Cutting, and Allied Processes, 2013 edition;(10) NFPA 52, Vehicular Gaseous Fuel Systems Code, 2010 edition;(11) NFPA 54, National Fuel Gas Code, 2012 edition;(12) NFPA 58, Liquefied Petroleum Gas Code, 2011 edition;(13) NFPA 59A, Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG), 2013 edition;(14) NFPA 68, Standard on Explosion Protection by Deflagration Venting, 2007 edition;(15) NFPA 69, Standard on Explosion Prevention Systems, 2008 edition;(16) NFPA 70, National Electrical Code, 2011 edition;(17) NFPA 72, National Fire Alarm and Signaling Code, 2013 edition;(18) NFPA 79, Electrical Standard for Industrial Machinery, 2012 edition;(19) NFPA 80, Standard for Fire Doors and Other Opening Protectives, 2013 edition;(20) NFPA 90A, Standard for the Installation of Air‑Conditioning and Ventilating Systems, 2012 edition;(21) NFPA 99, Health Care Facilities Code, 2012 edition;(22) NFPA 101, Life Safety Code, 2012 edition;(23) NFPA 110, Standard for Emergency and Standby Power Systems, 2013 edition;(24) NFPA 259, Standard Test Method for Potential Heat of Building Materials, 2008 edition;(25) NFPA 496, Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2008 edition;(26) NFPA 505, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operations, 2011 edition;(27) NFPA 704, Standard System for the Identification of the Hazards of Materials for Emergency Response, 2012 edition;(28) NFPA 801, Standard for Fire Protection for Facilities Handling Radioactive Materials, 2008 edition; and(29) NFPA 853, Standard for the Installation of Stationary Fuel Cell Power Systems, 2010 edition.", "sourceNote": "Source Note: The provisions of this §13.301 adopted to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203807", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "H", "label": "ADOPTION BY REFERENCE OF NFPA 55 (COMPRESSED GASES AND CRYOGENIC FLUIDS CODE)" }, "rule": { "number": "§13.302", "label": "Clarification of Certain Terms Used in NFPA 55" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203808", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority having jurisdiction. As pertains to CNG activities in Texas, the phrase \"authority having jurisdiction\" defined in NFPA 55 §3.2.2 and referenced in other NFPA publications shall be the Railroad Commission of Texas or any of its divisions or employees, except with respect to the definitions of \"approved,\" \"labeled,\" and \"listed\" in NFPA 55 §3.2.(b) Engineering. The Commission does not adopt language in any NFPA 55 rule such as \"sound engineering practice,\" \"accepted engineering practice,\" \"good engineering practice,\" \"sound engineering design,\" or similar language that might be understood to mean or refer to the practice of engineering. The omission of a specific NFPA 55 rule or other NFPA pamphlets containing such language from the exceptions listed in this subchapter is inadvertent and shall not be read or understood as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring a license.", "sourceNote": "Source Note: The provisions of this §13.302 adopted to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203808", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "13", "label": "REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)" }, "subchapter": { "number": "H", "label": "ADOPTION BY REFERENCE OF NFPA 55 (COMPRESSED GASES AND CRYOGENIC FLUIDS CODE)" }, "rule": { "number": "§13.303", "label": "Sections in NFPA 55 Adopted with Additional Requirements or Not Adopted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212286", "queryAsDate": "03/11/2026" }, "ruleBody": "Table 1 of this section lists certain NFPA 55 sections which the Commission adopts with additional requirements or does not adopt in order to address the Commission's rules in this chapter.Attached Graphic", "sourceNote": "Source Note: The provisions of this §13.303 adopted to be effective February 15, 2021, 46 TexReg 1035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212286", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2004", "label": "Applicability, Severability, and Retroactivity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223388", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Regulations for Liquefied Natural Gas in this chapter apply to the design, installation, and operation of liquefied natural gas (LNG) systems and equipment.(b) This chapter shall not apply to:(1) locomotives, railcar tenders, marine terminals;(2) the transportation, loading, or unloading of LNG on ships, barges, or other types of watercraft which are subject to the American Boat and Yacht Council and any other applicable standards;(3) any fuel cell approved by the Federal Aviation Administration and intended to be used solely as a fuel cell for aircraft, including hot air balloons;(4) an installation or connection that is part of a distribution or pipeline system that is covered by Title 49, Code of Federal Regulations, Part 192;(5) LNG in a system that has been vaporized and converted to compressed natural gas (CNG), in which case the equipment and components must comply with the Commission's Regulations for Compressed Natural Gas in Chapter 13 of this title (relating to Regulations for Compressed Natural Gas (CNG)); and(6) liquefaction plants under the jurisdiction of DOT and the requirements of Chapter 8 of this title (relating to Pipeline Safety Regulations).(c) If any term, clause, or provision of these rules is for any reason declared invalid, the remainder of the provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.(d) Nothing in these rules shall be construed as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring licensure.(e) Unless otherwise stated, the rules in this chapter are not retroactive. Any installation of an LNG system, containers, and equipment shall meet the requirements of this chapter at the time of installation.(f) This chapter shall not apply to vehicles and fuel supply containers that:(1) are manufactured or installed by original equipment manufacturers; and(2) comply with Title 49, Code of Federal Regulations, the Federal Motor Vehicle Safety Standards.(g) Vehicles and fuel supply containers excluded from the requirements of this chapter pursuant to subsection (f) of this section shall comply with the requirements of §14.2046 of this title (relating to School Bus, Public Transportation, Mass Transit and Special Transit Vehicle Installations and Inspections).", "sourceNote": "Source Note: The provisions of this §14.2004 adopted to be effective July 28, 2003, 28 TexReg 5872; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223388", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2007", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203833", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.(1) AFS--The Commission's Alternative Fuels Safety department within the Commission's Oversight and Safety Division.(2) Aggregate water capacity (AWC)--The sum of all individual container capacities as measured by weight or volume of water which are placed at a single installation location.(3) ANSI--American National Standards Institute.(4) ASME--American Society of Mechanical Engineers.(5) ASME Code--The American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section I, Section IV, Section VIII, and Section IX.(6) Automatic fuel dispenser--A fuel dispenser which requires transaction authorization.(7) Certificate holder--An individual who has passed the required management-level or employee-level examination pursuant to §14.2019 of this title (relating to Examination Requirements and Renewals) and paid the applicable fees.(8) Certified--An individual who is authorized by the Commission to perform the LNG activities covered by the certification issued under §14.2019 of this title.(9) Combustible material--A solid material which, in the form in which it is used and under the conditions anticipated, can be ignited and will burn, support combustion, or release flammable vapors when subjected to fire or heat.(10) Commercial installation--An LNG equipment installation located on premises other than a single-family dwelling used primarily as a residence.(11) Commission--The Railroad Commission of Texas.(12) Company representative--The individual designated to the Commission by a license applicant or a licensee as the principal individual in authority and actively supervising the conduct of the licensee's LNG activities.(13) Container--Any LNG vessel manufactured to the applicable sections of the American Petroleum Institute (API) Code, ASME Code, or DOT requirements in effect at the time of manufacture.(14) Container appurtenances--Components installed in container openings, including but not limited to pressure relief devices, shutoff valves, backflow check valves, excess flow check valves, internal valves, liquid level gauges, pressure gauges, and plugs.(15) Conversion--The changes made to a vehicle to allow it to use LNG as a motor fuel.(16) Dike--A structure used to establish an impounding area.(17) Director--The director of AFS or the director's delegate.(18) Dispensing system--That combination of valves, meters, hoses, piping, electrical connections, and fuel connections used to distribute LNG to mobile or motor fuel containers.(19) DOT--The United States Department of Transportation.(20) Employee--Any individual who renders or performs any services or labor for compensation, including individuals hired on a part-time or temporary basis, full-time or permanent basis, independent contractors, and owner-employees.(21) Final approval--The authority issued by AFS allowing the introduction of LNG into a container and system.(22) Ignition source--Any item, substance, or event having adequate temperature and energy release of the type and magnitude sufficient to ignite any flammable mixture of gases or vapors that could occur at a site.(23) Impounding area--An area defined through the use of dikes or the topography at the site for the purpose of containing any accidental spill of LNG.(24) Interim approval order--The authority issued by the Railroad Commission of Texas following a public hearing allowing construction of an LNG installation.(25) Labeled--The attachment to equipment or materials of a label, symbol, or other identifying mark of a nationally recognized testing laboratory or a Category 50 licensee which conducts product evaluation, periodically inspects production of listed equipment or materials, and which publishes its findings in a list indicating that the equipment either meets appropriate standards or has been tested and found suitable for use in a specified manner.(26) Licensed--Authorized by the Commission to perform LNG activities through the issuance of a valid license by AFS.(27) Licensee--A person which has applied for and been granted an LNG license by the Commission.(28) LNG--Natural gas, consisting primarily of methane in liquid or semisolid state.(29) LNG system--A system of safety devices, containers, piping, fittings, valves, regulators, and other LNG equipment intended for use or used with a motor vehicle fueled by LNG and any system or other facilities designed to be used or used in the sale, storage, transportation for delivery, or distribution of LNG.(30) LNG transport--Any vehicle or combination of vehicles and LNG containers designed or adapted for use or used principally as a means of moving or delivering LNG from one place to another, including but not limited to any truck, trailer, semi-trailer, cargo tank, or other vehicle used in the distribution of LNG.(31) Mass transit vehicle--Any vehicle which is owned or operated by a political subdivision of a state, city, or county, and which is used primarily in the conveyance of the general public.(32) Maximum allowable working pressure--The maximum gauge pressure permissible at the top of completed equipment, containers, or vessels in their operating position for a design temperature.(33) Mobile fuel container--An LNG container mounted on a vehicle to store LNG as the fuel supply for uses other than the engine to propel the vehicle, including use in an auxiliary engine.(34) Mobile fuel system--An LNG system to supply natural gas fuel to an auxiliary engine other than the engine used to propel the vehicle or for other uses on the vehicle.(35) Motor fuel container--An LNG container mounted on a vehicle and used to store LNG as the fuel supply to an engine used to propel the vehicle.(36) Motor fuel system--An LNG system to supply natural gas as a fuel for an engine used to propel the vehicle.(37) NEC--National Electrical Code (NFPA 70).(38) NFPA--National Fire Protection Association.(39) Noncombustible material--A solid material which in no conceivable form or combination with other material will ignite.(40) Operations supervisor--An individual who is certified by the Commission to actively supervise a licensee's LNG activities and who is authorized by the licensee to implement operational changes.(41) Outlet--A site operated by an LNG licensee from which any regulated LNG activity is performed.(42) Person--An individual, partnership, firm, joint venture, corporation, association, or any other business entity, a state agency or institution, county, municipality, school district, other governmental subdivision, or licensee.(43) Point of transfer--The point at which a connection is made to transfer LNG from one container to another.(44) Pressure relief device--A device, including a pressure relief valve, which is designed both to open automatically to prevent a continued rise of internal fluid pressure in excess of a specified value (set pressure) and to close when the internal fluid pressure is reduced below the set pressure.(45) Pressure vessel--A container or other component designed in accordance with the ASME Code.(46) Property line--The boundary which designates the point at which one real property interest ends and another begins.(47) PSIG--Pounds per square inch gauge.(48) Public transportation vehicle--A vehicle for hire to transport persons, including but not limited to taxis, buses (excluding school buses, mass transit or special transit vehicles), and airport courtesy cars.(49) Pullaway--The accidental separation of a hose from a cylinder, container, transfer equipment, or dispensing equipment, which could occur on a cylinder, container, transfer equipment, or dispensing equipment whether or not they are protected by a pullaway or breakaway device.(50) Registered manufacturer--A person who has applied for and been granted a registration to manufacture LNG containers by the Commission.(51) Repair to container--The correction of damage or deterioration to an LNG container, the alteration of the structure of such a container, or the welding on such a container in a manner which causes the temperature of the container to rise above 400 degrees Fahrenheit.(52) Rules examination--The Commission's written examination that measures an examinee's working knowledge of Texas Natural Resources Code, Chapter 116, and the rules in this chapter.(53) School--A public or private institution which has been accredited through the Texas Education Agency or the Texas Private School Accreditation Commission.(54) School bus--A vehicle that is sold or used for purposes that include carrying students to and from school or related events.(55) Special transit vehicle--A vehicle designed with limited passenger capacity which is primarily used by a mass transit authority for special transit purposes such as transport of mobility impaired individuals.(56) Temporary installation--A stationary installation at which LNG activities are performed for 12 months or less pursuant to §14.2043 of this title (relating to Temporary Installations).(57) Trainee--An individual who has not yet taken and passed an employee-level rules examination.(58) Transfer area--That portion of an LNG refueling station where LNG is introduced into or dispensed from a stationary installation.(59) Transfer system--All piping, fittings, valves, pumps, meters, hoses, bulkheads, and equipment used in transferring LNG between containers.(60) Transport--Any container built in accordance with ASME or DOT specifications and used to transport LNG for delivery.(61) Transport system--Any and all piping, fittings, valves, and equipment on a transport, excluding the container.(62) Ultimate consumer--The person controlling LNG immediately prior to its ignition.(63) Water capacity--The amount of water in gallons required to fill a container.", "sourceNote": "Source Note: The provisions of this §14.2007 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203833", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2010", "label": "LNG Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226953", "queryAsDate": "03/11/2026" }, "ruleBody": "Forms required to be filed with AFS shall be those prescribed by the Commission. A complete set of all required forms shall be posted on the Commission's web site. Notice of any new or amended forms shall be issued by the Commission. Any form filed with the Commission shall be completed in its entirety. A person may file the prescribed form on paper or use any electronic filing process. The Commission may at its discretion accept an earlier version of a prescribed form, provided that it contains all required information.", "sourceNote": "Source Note: The provisions of this §14.2010 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226953", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2013", "label": "License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations, and Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212288", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A prospective licensee may apply to AFS for one or more licenses specified in subsection (b)(1) - (8) of this section. A prospective container manufacturer may apply to AFS for a container manufacturer registration specified in subsection (d) of this section. Fees required to be paid shall be those established by the Commission and in effect at the time of application or renewal and shall be paid at the time of application or renewal. (b) The license categories and fees are as follows: (1) A Category 15 license for container assembly and repair authorizes the assembly, repair, installation, subframing, testing, and sale of LNG containers, including LNG motor or mobile fuel containers and systems, and the repair and installation of transport and transfer systems. The original license fee is $1,000; the renewal fee is $600.(2) A Category 20 license for transport outfitters authorizes the subframing, testing, and sale of LNG transport containers; the testing of LNG storage containers; the installation, testing, and sale of LNG motor or mobile fuel containers and systems; and the installation and repair of transport systems and motor or mobile fuel systems. The original license fee is $400; the renewal fee is $200.(3) A Category 25 license for carriers authorizes the transportation of LNG by transport, including the loading and unloading of LNG. The original license fee is $1,000; the renewal fee is $300.(4) A Category 30 license for general installers and repairmen authorizes the sale, repair, service, and installation of stationary containers and LNG systems. The original license fee is $100; the renewal fee is $70.(5) A Category 35 license for retail and wholesale dealers authorizes the storage, sale, transportation, and distribution of LNG and all other activities included in this section, except the manufacture, fabrication, assembly, repair, subframing, and testing of LNG containers. The original license fee is $750; the renewal fee is $300.(6) A Category 40 license for general public dispensing stations authorizes the storage, sale, and dispensing of LNG into motor and mobile fuel containers. The original license fee is $150; the renewal fee is $70.(7) A Category 45 license for engine and mobile fuel authorizes the sale and installation of LNG motor or mobile fuel containers, and the sale, repair, and installation of LNG motor or mobile fuel systems. The original license fee is $100; the renewal fee is $50.(8) A Category 50 license for testing laboratories authorizes the testing of LNG containers, LNG motor fuel systems or mobile fuel systems, transfer systems, and transport systems for the purpose of determining the safety of the containers or systems for LNG service, including the necessary installation, disconnection, reconnection, testing, and repair of LNG motor fuel systems or mobile fuel systems, transfer systems, and transport systems involved in the testing of containers. The original license fee is $200; the renewal fee is $100.(c) A military service member, military veteran, or military spouse shall be exempt from the original license fee specified in subsection (b) of this section pursuant to the requirements in §14.2015 of this title (relating to Military Licensing and Fee Exemption). (d) A container manufacturer registration authorizes the manufacture, assembly, repair, testing and sale of LNG containers. An original registration fee is $1,000; the renewal fee is $600.", "sourceNote": "Source Note: The provisions of this §14.2013 adopted to\r\nbe effective May 26, 2003, 28 TexReg 4100; amended to be effective\r\nDecember 24, 2012, 37 TexReg 9921; amended to be effective January\r\n4, 2016, 41 TexReg 239; amended to be effective February 15, 2021,\r\n46 TexReg 1044; amended to be effective December 8, 2025, 50 TexReg\r\n7887." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212288", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2014", "label": "Application for License or Manufacturer Registration (New and Renewal)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226954", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No person may engage in any LNG activities until that person has obtained a license from the Commission authorizing the LNG activities, except as follows:(1) A state agency or institution, county, municipality, school district, or other governmental subdivision is exempt from licensing requirements as provided in Texas Natural Resources Code, §116.031(d) if the entity is performing LNG activities on its own behalf but is required to obtain a license to perform LNG activities for or on behalf of a second party.(2) An original manufacturer of a new motor vehicle powered by LNG, or a subcontractor of a manufacturer who produces a new LNG powered motor vehicle for the manufacturer is not subject to the licensing requirements of this chapter, but shall comply with all other rules in this chapter.(3) An ultimate consumer is not subject to the licensing requirements of this chapter in order to perform those LNG activities dealing only with the ultimate consumer; however, a license is required to register a transport or cylinder delivery unit. An ultimate consumer's license does not require a fee or a company representative.(b) An applicant for license shall not engage in LNG activities until it has employed a company representative who meets the requirements of §14.2025 of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors).(c) Licensees, registered manufacturers, company representatives, and operations supervisors at each outlet shall have copies of all current licenses and/or manufacturer registration certificates and certification cards for employees at that location available for inspection during regular business hours. In addition, licensees and registered manufacturers shall maintain a current version of the rules in this chapter and any adopted codes covering LNG activities performed by the licensee or manufacturer, and shall provide at least one copy of all publications to each company representative and operations supervisor. The copies shall be available to employees during business hours.(d) Licenses and manufacturer registrations issued under this chapter expire one year after issuance at midnight on the last day of the month prior to the month in which they are issued.(e) If a license or registration expires, the person shall immediately cease LNG activities.(f) Applicants for a new license shall file with AFS:(1) a properly completed LNG Form 2001 listing all names under which LNG-related activities requiring licensing are to be conducted and the applicant's properly qualified company representative, and the following forms or documents as applicable:(A) LNG Form 2001A if the applicant will operate any outlets pursuant to subsection (g) of this section;(B) LNG Form 2007, 2007A or 2007T and any information requested in §14.2704 of this title (relating to Registration and Transfer of LNG Transports) if the applicant intends to register any LNG transports;(C) LNG Form 2019 if the applicant will be transferring the operation of an existing storage or retail facilities;(D) any form required to comply with §14.2031 of this title (relating to Insurance Requirements);(E) a copy of current certificate of account status if required by §14.2028 of this title (relating to Franchise Tax Certification and Assumed Name Certificates); and/or(F) copies of the assumed name certificates if required by §14.2028 of this title; and(2) payment for all applicable fees.(A) If the applicant submits the payment by mail, the payment shall be in the form of a check, money order or printed copy of an online receipts.(B) If the applicant pays the applicable fee online, the applicant shall submit a copy of an online payment receipt via mail, email or fax.(g) A licensee shall submit LNG Form 2001A listing all outlets operated by the licensee.(1) Each outlet shall employ an operations supervisor who meets the requirements of §14.2025 of this title.(2) Each outlet shall be listed on the licensee's renewal specified in subsection (j) of this section.(h) Beginning February 15, 2021, a prospective container manufacturer may apply to AFS to manufacture LNG containers in the state of Texas. Beginning February 15, 2021, a person shall not engage in the manufacture of LNG containers in this state unless that person has obtained a container manufacturer's registration as specified in this subsection.(1) Applicants for container manufacturer registration shall file with AFS LNG Form 2001M, and the following forms or documents as applicable:(A) any form required by §14.2031 of this title;(B) a copy of current certificate of account status if required by §14.2028 of this title;(C) copies of the assumed name certificates if required by §14.2028 of this title;(D) a copy of current DOT authorization. A registered manufacturer shall not continue to operate after the expiration date of the DOT authorization; and/or(E) a copy of current ASME Code, Section VIII certificate of authorization or \"R\" certificate. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the manufacturer may request in writing an extension of time not to exceed 60 calendar days past the expiration date. The request for extension shall be received by AFS prior to the expiration date of the ASME certificate of authorization referred to in this section, and shall include a letter or statement from ASME that the agency is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A registered manufacturer shall not continue to operate after the expiration date of an ASME certificate of authorization until the manufacturer files a current ASME certificate of authorization with AFS or AFS grants a temporary exception.(2) By filing LNG Form 2001M, the applicant certifies that it has read the requirements of this chapter and shall comply with all applicable rules, regulations and adopted standards.(3) The required fee shall accompany LNG Form 2001M. An original registration fee is $1,000; the renewal fee is $600.(A) If submitted by mail, payment shall be by check, money order, or printed copy of an online receipt.(B) If submitted by email or fax, payment shall be a copy of an online receipt.(4) If a manufacturer registration expires or lapses, the person shall immediately cease the manufacture, assembly, repair, testing and sale of LNG containers in Texas.(i) Applications for license or registration must include a 24-hour emergency telephone number.(j) AFS will review an application for license or registration to verify all requirements have been met.(1) If errors are found or information is missing in the application or other documents, AFS will notify the applicant of the deficiencies in writing.(2) The applicant must respond with the required information and/or documentation within 30 days of the written notice. Failure to respond by the deadline will result in withdrawal of the application.(3) If all requirements have been met AFS will issue the license or manufacturer registration and send the license or registration to licensee or manufacturer, as applicable.(k) For license and manufacturer registration renewals:(1) AFS shall notify the licensee or registered manufacturer in writing at the address on file with AFS of the impending license or manufacturer registration expiration at least 30 calendar days before the date the license or registration is scheduled to expire.(2) The renewal notice shall include copies of applicable LNG Forms 2001, 2001A, and 2007, 2007A or LNG Form 2001M showing the information currently on file.(3) The licensee or registered manufacturer shall review and return all renewal documentation to AFS with any necessary changes clearly marked on the forms. The licensee or registered manufacturer shall submit any applicable fees with the renewal documentation.(4) Failure to meet the renewal deadline set forth in this section shall result in expiration of the license or manufacturer registration.(5) If a person's license or manufacturer registration expires, that person shall immediately cease performance of any LNG activities authorized by the license or registration.(6) If a person's license or manufacturer registration has been expired for 90 calendar days or fewer, the person shall submit a renewal fee that is equal to 1 1/2 times the renewal fee in §14.2013 of this title (relating to License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations and Renewals).(7) If a person's license or manufacturer registration has been expired for more than 90 calendar days but less than one year, the person shall submit a renewal fee that is equal to two times the renewal fee.(8) If a person's license or manufacturer registration has been expired for one year or more, that person shall not renew, but shall comply with the requirements for issuance of an original license or manufacturer registration under this section and §14.2013 of this title.(9) After verification that the licensee or registered manufacturer has met all requirements for licensing or manufacturer registration, AFS shall renew the license or registration and send the applicable authorization to the licensee or manufacturer.(l) Applicants for license or license renewal in the following categories shall comply with these additional requirements:(1) An applicant for a Category 20 or 50 license or renewal shall file with AFS a completed LNG Form 2505, certifying that the applicant will follow the testing procedures indicated. LNG Form 2505 shall be signed by the appropriate LNG company representative designated on the licensee's LNG Form 2001.(2) An applicant for Category 15, 20, or 50 license or renewal who tests tanks, subframes LNG cargo tanks, or performs other activities requiring DOT registration shall file with AFS a copy of any applicable current DOT registrations. Such registration shall comply with Title 40, Code of Federal Regulations, Part 107 (Hazardous Materials Program Procedures), Subpart F (Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and Repairers and Cargo Tank Motor Vehicle Assemblers).(3) An applicant for Category 15 or 50 license or renewal who repairs or tests ASME containers shall file with AFS a copy of its current ASME Code, Section VIII certificate of authorization or \"R\" certificate. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the manufacturer may request in writing an extension of time not to exceed 60 calendar days past the expiration date. The request for extension shall be received by AFS prior to the expiration date of the ASME certificate of authorization referred to in this section, and shall include a letter or statement from ASME that the agency is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A registered manufacturer shall not continue to operate after the expiration date of an ASME certificate of authorization until the manufacturer files a current ASME certificate of authorization with AFS or AFS grants a temporary exception.(m) Repair to a US DOT cylinder or cargo tank is defined in 49 CFR §§180.203, 180.403 and 180.413. Changes made to or maintenance of a cylinder or cargo tank excluded from the definition of repair in 49 CFR §§180.203, 180.403 and 180.413 do not require a license.", "sourceNote": "Source Note: The provisions of this §14.2014 adopted to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226954", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2015", "label": "Military Licensing and Fee Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212289", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions.(1) Applicability. This section applies to military service members, military veterans, or military spouses, as specified in this section and as those terms are defined in Texas Occupations Code, Chapter 55.(2) License. For purposes of this section, a \"license\" means a license, certificate, registration, permit, or other form of authorization required by this chapter that must be obtained by an individual to engage in a particular business.(3) Determination of Good Standing. For purposes of this section, an individual is in good standing with another state's licensing authority if the individual:(A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;(B) has not been disciplined by the licensing authority with respect to the license or individual's practice of the occupation for which the license is issued; and(C) is not currently under investigation by the licensing authority for unprofessional conduct related to the individual's license or profession.(4) Complaints and Reporting. The Commission shall maintain a record of each complaint made against a military service member, military veteran, or military spouse to whom AFS issues a license or who holds an out-of-state license the Commission recognizes. The Commission shall publish at least quarterly on its website the complaint information, including a general description of the disposition of each complaint.(b) Alternative Licensing.(1) A military service member, military veteran, or military spouse may apply to be issued an LNG license by the Commission if the military service member, military veteran, or military spouse:(A) holds a current license issued by the licensing authority of another state that is similar in scope of practice to an LNG license issued by the Commission and is in good standing with the other state's licensing authority; or(B) within the five years preceding the application date held an LNG license issued by the Commission.(2) An application for an alternative license shall be made by submitting a completed Form 16V to AFS. The applicant must attach the following to Form 16V:(A) a copy of the applicant's current LNG license issued by the licensing authority of another state, if applicable;(B) a copy of military documentation showing the applicant's military status as a military service member or military veteran; and(C) if the applicant is a military spouse, a copy of the military spouse's marriage license; and(D) any other information that may be required by AFS.(3) Upon receipt of a completed Form 16V with required attachments, AFS shall:(A) confirm with the other state that the military service member, military veteran, or military spouse is currently licensed and in good standing for the relevant business or occupation; and(B) conduct a comparison of the other state's licensing requirements, statutes, and rules with AFS's licensing requirements to determine if the requirements are similar in scope of practice.(4) AFS shall issue the alternative LNG license not later than the 10th business day after the date AFS receives an application for an alternative license in compliance with this subsection and section 55.004, Occupations Code (relating to Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses).(c) Recognition of Out-of-State Licensing.(1) A military service member or military spouse may apply to engage in an LNG activity for which an LNG license is required by the Commission if the military service member or military spouse holds a current license issued by the licensing authority of another state that is similar in scope of practice to an LNG license issued by the Commission. A military service member or military spouse must receive a written recognition from AFS pursuant to this subsection before engaging in an LNG activity.(2) An application for the recognition of an out-of-state LNG license shall be made by submitting a completed Form 16M to AFS. The applicant must be in good standing with the other state's licensing authority for Form 16M to be approved. The applicant must attach the following to a Form 16M:(A) a copy of the applicant's current LNG license issued by the licensing authority of another state;(B) a copy of military documentation showing the applicant's status as a military service member or a military spouse;(C) a copy of the applicant's military orders showing relocation to this state;(D) if the applicant is a military spouse, a copy of the military spouse's marriage license; and(E) any other information that may be required by AFS.(3) Form 16M includes an affidavit that must be notarized by the applicant affirming under penalty of perjury that:(A) the applicant is the person described and identified in the application;(B) all statements in the application are true, correct, and complete;(C) the applicant understands the scope of practice for the applicable license in this state and will not perform outside of that scope of practice; and(D) the applicant is in good standing in the state in which the applicant holds an applicable license.(4) Upon receipt of a completed Form 16M with required attachments, AFS shall conduct a comparison of the other state's license requirements, statutes, and rules with AFS's licensing requirements to determine if the requirements are similar in scope of practice.(5) Not later than the 10th business day after AFS receives a completed Form 16M with required attachments, AFS will notify the applicant that:(A) AFS recognizes the applicant's out-of-state license and will provide a written recognition document;(B) the application is incomplete, noting the area of deficiency; or(C) AFS is unable to recognize the applicant's out-of-state license because the Commission does not issue a license similar in scope of practice to the applicant's out-of-state license.(6) If a military service member or military spouse is granted the written recognition of an out-of-state LNG license by the Commission, the following conditions apply:(A) The military service member or military spouse shall comply with all other laws and regulations applicable to the LNG license in this state;(B) The military service member or military spouse may only engage in the LNG activity authorized by the written recognition for the period during which the military service member is stationed at a military installation in Texas, or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas; and(C) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse submitted the Form 16M.(d) Fee Exemptions.(1) The Commission shall waive the license application and examination fees for a military service member, military veteran, or military spouse. To receive a military fee exemption, an applicant for a fee exemption shall file with the Commission a Form 35 and any documentation required by this subsection.(2) A military service member, military veteran, or military spouse shall submit the following documentation with Form 35:(A) a copy of any military records showing the applicant's dates of service; and(B) a copy of the applicant's driver's license or state-issued identification card.(3) AFS shall review Form 35 and required documentation to determine if the requirements for the fee exemption have been met and shall notify the applicant of the determination in writing within 10 days.(A) If all requirements have been met, the applicant may submit the application for license or examination and attach a copy of the written notice granting military fee exemption with the application to serve as notice of payment.(B) If AFS has notified the applicant that the application is incomplete, the applicant shall provide any requested information or documentation within 10 days of the date of the notice.(e) Renewals.(1) A military service member, military veteran, or military spouse who receives an alternative license or recognition by AFS of an out-of-state license remains subject to all other renewal requirements in this chapter, including all applicable fees and training or continuing education courses.(2) A service member who fails to timely renew a license because the individual was on active duty is exempt from any increased fee or penalty imposed by AFS.(3) A military service member who holds a license is entitled to two years of additional time to complete:(A) any continuing education requirements; and(B) any other requirement related to the renewal of the military service member's license.", "sourceNote": "Source Note: The provisions of this §14.2015 adopted\r\nto be effective December 8, 2025, 50 TexReg 7887." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212289", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2016", "label": "Penalty Guidelines and Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226955", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Penalty guidelines for LNG safety violations.(1) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging licensees, certificate holders and registered manufacturers to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective component of the enforcement process. Deterrence of violations through penalty assessments is also a necessary and effective component of the enforcement process. A rule-based enforcement penalty guideline to evaluate and rank LNG-related violations is consistent with the central goal of the Commission's enforcement efforts to promote compliance. Penalty guidelines set forth in this section will provide a framework for more uniform and equitable assessment of penalties throughout the state, while also enhancing the integrity of the Commission's enforcement program.(2) Guidelines. This section complies with the requirements of Texas Natural Resources Code, §81.0531. The penalty amounts contained in the tables in this section are provided solely as guidelines to be considered by the Commission in determining the amount of administrative penalties for violations of Texas Natural Resources Code, Chapter 116; of rules, orders, licenses, registrations, permits, or certificates relating to LNG safety adopted under those provisions; and of regulations, codes, or standards that the Commission has adopted by reference.(3) Commission authority. The establishment of these penalty guidelines shall in no way limit the Commission's authority and discretion to assess administrative penalties. The typical minimum penalties listed in this section are for the most common violations cited; however, this is neither an exclusive nor an exhaustive list of violations that the Commission may cite. The Commission retains full authority and discretion to cite violations of Texas Natural Resources Code, Chapter 116; of rules, orders, licenses, registrations, permits, or certificates relating to LNG safety adopted or issued under those provisions; and of regulations, codes, or standards that the Commission has adopted by reference, and to assess administrative penalties in any amount up to the statutory maximum when warranted by the facts in any case, regardless of inclusion in or omission from this section.(4) Factors considered. The amount of any penalty requested, recommended, or finally assessed in an enforcement action will be determined on an individual case-by-case basis for each violation, taking into consideration the following factors:(A) the person's history of previous violations;(B) the seriousness of the previous violations;(C) any hazard to the health or safety of the public; and(D) the demonstrated good faith of the person charged.(5) Typical penalties. Regardless of the method by which the typical penalty amount is calculated, the total penalty amount will be within the statutory limit. Typical penalties for violations of Texas Natural Resources Code, Chapter 116; of rules, orders, licenses, registrations, permits, or certificates relating to LNG safety adopted under those provisions; and of regulations, codes, or standards that the Commission has adopted by reference, are set forth in Table 1.Attached Graphic(6) Penalty enhancements for certain violations. For violations that involve threatened or actual safety hazards, or that result from the reckless or intentional conduct of the person charged, the Commission may assess an enhancement of the typical penalty. The enhancement may be in any amount in the range shown for each type of violation, as shown in Table 2.Attached Graphic(7) Penalty enhancements for certain violators. For violations in which the person charged has a history of prior violations within seven years of the current enforcement action, the Commission may assess an enhancement based on either the number of prior violations or the total amount of previous administrative penalties, but not both. The actual amount of any penalty enhancement will be determined on an individual case-by-case basis for each violation. The guidelines in Tables 3 and 4 are intended to be used separately. Either guideline may be used where applicable, but not both.Attached GraphicAttached Graphic(8) Penalty reduction for settlement before hearing. The recommended monetary penalty for a violation may be reduced by up to 50% if the person charged agrees to a settlement before the Commission conducts an administrative hearing to prosecute a violation. Once the hearing is convened, the opportunity for the person charged to reduce the basic monetary penalty is no longer available. The reduction applies to the basic penalty amount requested and not to any requested enhancements.(9) Demonstrated good faith. In determining the total amount of any monetary penalty requested, recommended, or finally assessed in an enforcement action, the Commission may consider, on an individual case-by-case basis for each violation, the demonstrated good faith of the person charged. Demonstrated good faith includes, but is not limited to, actions taken by the person charged before the filing of an enforcement action to remedy, in whole or in part, a violation or to mitigate the consequences of a violation.(10) Other sanctions. Depending upon the nature of and the consequences resulting from a violation of the rules in this chapter, the Commission may impose a non-monetary penalty, such as requiring attendance at a safety training course, or may issue a warning. (11) Penalty calculation worksheet. The penalty calculation worksheet shown in Table 5 lists the typical penalty amounts for certain violations; the circumstances justifying enhancements of a penalty and the amount of the enhancement; and the circumstances justifying a reduction in a penalty and the amount of the reduction.Attached Graphic(b) Denial, suspension, or revocation of licenses, manufacturer registrations, or certificates.(1) The Commission may deny, suspend, or revoke a license, manufacturer registration, or certificate for any person who fails to comply with this chapter.(A) If AFS determines that an applicant for license, manufacturer registration, certificate, or renewal has not met the requirements of this chapter, AFS shall notify the applicant in writing of the reasons for the proposed denial. In the case of an applicant for license, manufacturer registration, or certificate, the notice shall advise the person that the application may be resubmitted within 30 calendar days of receipt of the denial with all cited deficiencies corrected, or, if the person disagrees with AFS' determination, that person may request in writing a hearing on the matter within 30 calendar days of receipt of the notice of denial.(B) If a person resubmits the application within 30 calendar days of receipt of the denial with all deficiencies corrected, AFS shall issue the license, manufacturer registration, certificate, or renewal as applicable.(2) Hearing regarding denial of license, manufacturer registration, certificate, or associated renewals.(A) An applicant receiving a notice of denial may request a hearing to determine whether the applicant did comply in all respects with the requirements for the license, registration, or certificate sought. The request for hearing shall be in writing, shall refer to the specific requirements the applicant claims were met, and shall be submitted to AFS within 30 calendar days of the applicant's receipt of the notification of denial.(B) Upon receipt of a request complying with this paragraph, AFS shall forward the request for a hearing to the Hearings Division for the purpose of scheduling a hearing.(C) If, after hearing, the Commission finds the applicant's claim has been supported, the Commission may issue an order approving the license, manufacturer registration, or certificate and AFS shall issue the license, manufacturer registration, certificate, or associated renewal if applicable.(D) If, after hearing, the Commission finds that the applicant does not comply with the requirements of this chapter the Commission may issue an order denying the application or renewal.(3) Alleged violations and notice of non-compliance.(A) If AFS finds by means including, but not limited to, inspection, review of required documents submitted, or complaint by a member of the general public or any other person, a probable or actual violation of or noncompliance with Texas Natural Resources Code, Chapter 116, or the rules in this chapter, AFS shall notify the licensee, registered manufacturer, or certified person of the alleged violation or noncompliance in writing.(B) The notice shall specify the acts, omissions, or conduct constituting the alleged violation or noncompliance and shall designate a date not less than 30 calendar days or more than 45 calendar days after the licensee, registered manufacturer, or certified person receives the notice by which the violation or noncompliance shall be corrected or discontinued. If AFS determines the violation or noncompliance may pose imminent peril to the health, safety, or welfare of the general public, AFS may notify the licensee, registered manufacturer, or certified person orally with instruction to immediately cease the violation or noncompliance. When oral notice is given, AFS shall follow it with written notification no later than five business days after the oral notification.(C) The licensee, registered manufacturer, or certified person shall either report the correction or discontinuance of the violation or noncompliance within the time frame specified in the notice or shall request an extension of time in which to comply. The request for extension of the time to comply shall be received by AFS within the same time frame specified in the notice for correction or discontinuance.(4) Hearing regarding suspension or revocation of licenses, manufacturer registrations, and certificates. If a licensee, registered manufacturer, or certified person disagrees with the determination of AFS under this subsection, that person may request a public hearing on the matter as specified in Chapter 1 of this title (relating to Practice and Procedure). The request shall be in writing, shall refer to the specific rules or statutes the licensee, registered manufacturer, or certified person claims to have complied with, and shall be received by AFS within 30 calendar days of the person's receipt of the notice of violation or noncompliance. AFS shall forward the request for hearing to the Hearings Division.", "sourceNote": "Source Note: The provisions of this §14.2016 adopted to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226955", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2019", "label": "Examination Requirements and Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203839", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements and application for a new certificate.(1) In addition to NFPA 52 §§4.1 and 4.2 and 59A §14.9, no person shall perform work, directly supervise LNG activities, or be employed in any capacity requiring contact with LNG unless that individual:(A) is a certificate holder who is in compliance with renewal requirements in subsection (g) of this section and is employed by a licensee; (B) is a trainee who complies with subsection (f) of this section; or(C) has an alternative license or a recognition by AFS of an out-of-state license pursuant to §14.2015 of this chapter (relating to Military Licensing and Fee Exemption) and is in compliance with renewal requirements in subsection (g) of this section.(b) Rules examination. (1) An individual who passes the applicable rules examination with a score of at least 75% will become a certificate holder. AFS will send a certificate to the licensee listed on LNG Form 2016. If a licensee is not listed on the form, AFS will send the certificate to individual's personal address.(A) Successful completion of any required examination shall be credited to the individual.(B) An individual who has been issued a certificate shall make the certificate readily available and shall present it to any Commission employee or agent who requests proof of certification.(2) An applicant for examination shall bring to the exam site:(A) a completed LNG Form 2016; and(B) payment of the applicable fee specified in paragraph (3)(B) of this subsection. (3) An individual who files LNG Form 2016 and pays the applicable nonrefundable examination fee may take the rules examination. (A) Dates and locations of available Commission LNG examinations may be obtained on the Commission's web site. Examinations may be administered:(i) at the Commission's AFS Training Center in Austin;(ii) at other designated times and locations around the state; and(iii) through an online testing or proctoring service.(B) Individuals or companies may request in writing that examinations be given in their area. AFS shall schedule examinations at its discretion. (C) Exam fees. (i) The nonrefundable management-level rules examination fee is $70.(ii) The nonrefundable employee-level rules examination fee is $40.(iii) The nonrefundable examination fees shall be paid each time an individual takes an examination. (iv) A military service member, military veteran, or military spouse shall be exempt from the examination fee pursuant to §14.2015 of this title (relating to Military Licensing and Fee Exemption). (v) Beginning February 7, 2023, individuals who register for an examination to be administered by a testing or proctoring service shall pay any fee required by the testing or proctoring service in addition to paying the examination fee to the Commission.(D) Time limits.(i) An applicant shall complete the examination within the time limits specified in this subparagraph.(I) The employee-level LNG Delivery Truck Driver examination and the management-level Category 35 Retail and Wholesale Dealers examination shall be limited to three hours; and(II) all other examinations shall be limited to two hours.(ii) The examination proctor shall be the official timekeeper.(iii) An examinee shall submit the examination and the answer sheet to the examination proctor before or at the end of the established time limit for an examination.(iv) The examination proctor shall mark any answer sheet that was not completed within the time limit.(E) Each individual who performs LNG activities as an employee of an ultimate consumer or a state agency, county, municipality, school district, or other governmental subdivision shall be properly supervised by his or her employer. Any such individual who is not certified by the Commission to perform LNG activities shall be properly trained by a competent person in the safe performance of such LNG activities.(c) The following examinations are offered by the Commission. (1) Employee-level examinations:(A) The Delivery Truck Driver examination qualifies an individual to operate a transport, load and unload LNG and connect and disconnect transfer hoses, and to perform all activities related to stationary LNG systems, including LNG containers, piping and equipment. (B) The Service and Installation Technician examination qualifies an individual to perform all CNG activities related to stationary LNG systems, including LNG containers, piping and equipment. The Service and Installation examination does not authorize an individual to fill containers or operate an LNG transport.(C) The Transport Truck Driver examination qualifies an individual to operate an LNG transport, to load and unload LNG, and connect and disconnect transfer hoses. The Transport Driver examination does not authorize an individual to install or repair transport systems.(D) The Engine Fuel examination qualifies an individual to install LNG motor fuel containers and LNG motor fuel systems, and replace container valves on motorized vehicles licensed to operate on public roadways. The Engine Fuel examination does not authorize an individual to fill LNG motor fuel containers.(E) The Motor/Mobile Fuel Filler examination qualifies an individual to inspect and fill motor or mobile fuel containers on vehicles, including recreational vehicles, cars, trucks, and buses. The Motor/Mobile Fuel Dispensing examination does not authorize an individual to fill stationary LNG containers.(2) Management-level examinations:(A) Category 15 examination qualifies an individual to assemble, repair, install, test, and sell LNG containers, including LNG motor or mobile fuel containers and systems, and to repair transport and transfer systems for use in Texas.(B) Category 20 examination qualifies an individual to subframe, test, and sell LNG transport containers, test LNG storage containers, install, test, and sell LNG motor or mobile fuel containers and systems, and install and repair transport systems and motor or mobile fuel systems for use in Texas.(C) Category 25 examination qualifies an individual to transport LNG by transport, including the loading and unloading of LNG.(D) Category 30 examination qualifies an individual to sell, repair, service, and install stationary containers and LNG systems.(E) Category 35 examination qualifies an individual to store, sell, transport, and distribute LNG and all other activities included in this section except manufacture, fabrication, assembly, repair, subframing, and testing of LNG containers.(F) Category 40 examination qualifies an individual to store, sell, and dispense LNG into motor- and mobile fuel containers.(G) Category 45 qualifies an individual to sell and install LNG motor or mobile fuel containers, and sell, repair, and install LNG motor or mobile fuel systems.(H) Category 50 qualifies an individual to test LNG containers, LNG motor fuel systems or mobile fuel systems, transfer systems, and transport systems for the purpose of determining the safety of the containers or systems for LNG service, including the necessary installation, disconnection, reconnection, testing, and repair of LNG motor fuel systems or mobile fuel systems, transfer systems and transport systems involved in the testing of containers.(d) Within 15 calendar days of the date an individual takes an examination, AFS shall notify the individual of the results of the examination.(1) If the examination is graded or reviewed by a testing or proctoring service, AFS shall notify the individual of the examination results within 14 days of the date AFS receives the results from the testing or proctoring service.(2) If the notice of the examination results will be delayed for longer than 90 days after the examination date, AFS shall notify the individual of the reason for the delay before the 90th day. AFS may require a testing or proctoring service to notify an individual of the individual's examination results.(e) Failure of any examination shall immediately disqualify the individual from performing any LNG related activities covered by the examination which is failed, except for activities covered by a separate examination which the individual has passed.(1) Any individual who fails an examination administered by the Commission, at the Austin location, may retake the same examination one additional time during a business day.(2) Any subsequent examination shall be taken on another business day, unless approved by the AFS director.(3) An individual who fails an examination may request an analysis of the individual's performance on the examination.(f) Trainees.(1) A licensee or ultimate consumer may employ an individual as a trainee for a period not to exceed 45 calendar days without that individual having successfully completed the rules examination, as specified in subsection (b) of this section, subject to the following conditions:(A) In addition to NFPA 52 §4.2, the trainee shall be directly and individually supervised at all times by an individual who has successfully completed the Commission's rules examination for the areas of work being performed by the trainee.(B) A trainee who has been in training for a total period of 45 days, in any combination and with any number of employers, shall cease to perform any LNG activities for which the trainee is not currently certified, until the trainee successfully completes the rules examination.(2) A trainee who fails the rules examination shall immediately cease to perform any LNG activities covered by the examination failed.(g) Requirements for certificate holder renewal.(1) In order to maintain active status, certificate holders shall renew their certificate annually as specified in this subsection.(2) AFS shall notify licensees of any of their employees' pending renewal deadlines and shall notify the individual if not employed by a licensee, in writing, at the address on file with AFS no later than March 15 of a year for the May 31 renewal date of that year.(3) Certificate holders shall pay the nonrefundable $25 annual certificate renewal fee to AFS on or before May 31 of each year. Individuals who hold more than one certificate shall pay only one annual renewal fee.(A) Failure to pay the nonrefundable annual renewal fee by the deadline shall result in a lapsed certificate.(i) To renew a lapsed certificate, the individual shall pay the nonrefundable $25 annual renewal fee plus a nonrefundable $20 late-filing fee. Failure to do so shall result in the expiration of the certificate.(ii) If an individual's certificate lapses or expires, that individual shall immediately cease performance of any LNG activities authorized by the certificate.(iii) If an individual's certificate has been expired for more than two years from May 31 of the year in which the certificate lapsed, that individual shall comply with the requirements of subsection (b) of this section.(B) Upon receipt of the annual renewal fee and any late-filing fee, AFS shall verify that all applicable requirements have been met. After verification, AFS shall renew and send a copy of the certificate, and the individual may continue or resume LNG activities authorized by that certificate.", "sourceNote": "Source Note: The provisions of this §14.2019 adopted\r\nto be effective May 26, 2003, 28 TexReg 4100; amended to be effective\r\nJune 5, 2006, 31 TexReg 4607; amended to be effective October 29,\r\n2007, 32 TexReg 7677; amended to be effective February 1, 2008, 33\r\nTexReg 142; amended to be effective December 24, 2012, 37 TexReg 9921;\r\namended to be effective January 4, 2016, 41 TexReg 239; amended to\r\nbe effective February 15, 2021, 46 TexReg 1044; amended to be effective\r\nFebruary 7, 2023, 48 TexReg 512; amended to be effective December\r\n8, 2025, 50 TexReg 7887." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203839", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2020", "label": "Employee Transfers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203840", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or ultimate consumer shall notify AFS by filing LNG Form 2016A and a nonrefundable $10 fee with AFS, or in lieu of LNG Form 2016A, submit the $10 fee and a written notice including:(1) the employee's name as recorded with the Commission; and(2) the last four digits of the employee's social security number.(b) Upon approval of the documents submitted under subsection (a) of this section and verification of the individual's active status, AFS will send a copy of the certificate card to the new employer.", "sourceNote": "Source Note: The provisions of this §14.2020 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective February 1, 2008, 33 TexReg 142; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203840", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2021", "label": "Requests for LNG Classes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203841", "queryAsDate": "03/11/2026" }, "ruleBody": "Requests for Commission staff to conduct an LNG training class for LNG activities under the Commission's jurisdiction shall be submitted to the AFS training section. The AFS training section may conduct the requested class at its discretion. The nonrefundable fee for an LNG training class is $250 if no overnight expenses are incurred by AFS, or $500 if overnight expenses are incurred. AFS may waive the class fee in cases where the Commission recovers the cost of the class from another source, such as a grant.", "sourceNote": "Source Note: The provisions of this §14.2021 adopted to be effective June 5, 2006, 31 TexReg 4607; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203841", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2025", "label": "Designation and Responsibilities of Company Representatives and Operations Supervisors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203842", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensee shall have at least one company representative for the license and at least one operations supervisor for each outlet.(1) A licensee maintaining one or more outlets shall file LNG Form 2001 with AFS listing the physical location of the first outlet and designating the company representative for the license and file LNG Form 2001A designating the physical location and operations supervisor for each additional outlet.(2) A licensee may have more than one company representative.(3) An individual may be an operations supervisor at more than one outlet provided that:(A) each outlet has a designated LNG certified employee responsible for the LNG activities at that outlet;(B) the certified employee's and/or operations supervisor's telephone number is posted at the outlet on a sign with lettering at least 3/4 inches high, visible and legible during normal business hours; and(C) the certified employee and/or operations supervisor monitors the telephone number and responds to calls during normal business hours.(4) The company representative may also serve as operations supervisor for one or more of the licensee's outlets provided that the person meets both the company representative and operations supervisor requirements in this section.(5) A licensee shall immediately notify AFS in writing upon conclusion of employment, for whatever reason, of its company representative or any operations supervisor and shall at the same time designate a replacement.(A) A licensee shall cease all LNG activities if it no longer employees a qualified company representative who complies with the Commission's requirements. A licensee shall not resume LNG activities until such time as it has a properly qualified company representative.(B) A licensee shall cease LNG activities at an outlet if it no longer employs a qualified operations supervisor at that outlet who complies with the Commission's requirements. A licensee shall not resume LNG activities at that outlet until such time as it has a properly qualified operations supervisor.(b) A company representative shall:(1) be an owner or employee of the licensed entity;(2) be the licensee's principal individual in authority and be responsible for actively supervising all LNG activities conducted by the licensee, including all equipment, container, product, and system activities;(3) have a working knowledge of the licensee's LNG activities to ensure compliance with the rules in this chapter and the Commission's administrative requirements;(4) pass the appropriate management‑level rules examination;(5) be directly responsible for all employees performing their assigned LNG activities, unless an operations supervisor is fulfilling this requirement; and(6) submit any additional information as deemed necessary by AFS.(c) In addition to NFPA 52 §§1.4.3 and 4.2, an operations supervisor shall:(1) be an owner or employee of the licensee;(2) pass the applicable management‑level rules examination; and(3) be directly responsible for actively supervising the LNG activities of the licensee at the designated outlet.", "sourceNote": "Source Note: The provisions of this §14.2025 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203842", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2028", "label": "Franchise Tax Certification and Assumed Name Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203843", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for an original or renewal license or registered manufacturer that is a corporation, limited partnership or limited liability company shall be approved to transact business in Texas by the Texas Comptroller of Public Accounts. The licensee or registered manufacturer shall provide a copy of the current Certificate of Account Status from the Texas Comptroller of Public Accounts.(b) All applicants for license or manufacturer registrations or their corresponding renewals shall list on LNG Form 2001 or LNG Form 2001M all names under which LNG related activities requiring licensing or registration as a container manufacturer are to be conducted. Any company performing LNG activities under an assumed name (\"doing business as\" or \"DBA\") shall file with AFS copies of the assumed name certificates which are required to be filed with the respective county clerk's office and/or the Secretary of State's Office.", "sourceNote": "Source Note: The provisions of this §14.2028 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203843", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2029", "label": "Changes in Ownership, Form of Dealership, or Name of Dealership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203844", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Changes in ownership which require a new license or manufacturer registration.(1) Transfer of dealership outlet or location by sale, lease, or gift. The purchaser, lessee, or donee of any dealership or outlet shall have a current and valid license or manufacturer registration authorizing the LNG activities to be performed and the dealership or outlet shall apply for and be issued an LNG license or manufacturer registration prior to engaging in any LNG activities which require a license or manufacturer registration. The purchaser, lessee, or donee shall notify AFS by filing a properly completed LNG Form 2001 or LNG Form 2001M prior to engaging in any LNG activities at that dealership or outlet which require an LNG license or manufacturer registration.(2) Other changes in ownership. A change in members of a partnership occurs upon the death, withdrawal, expulsion, or addition of a partner. Upon the death of a sole proprietor or partner, the dissolution of a corporation or partnership, any changes in the members of a partnership, or other changes in ownership not specifically provided for in this section, an authorized representative of the previously existing dealership or of the successor in interest shall notify AFS in writing and shall immediately cease all LNG activities of the previously existing dealership which require an LNG license or manufacturer registration and shall not resume until AFS issues an LNG license or manufacturer registration to the successor in interest.(b) Changes in dealership business entity. When a dealership converts from one business entity into a different kind of business entity, the resulting entity shall have a valid license or manufacturer registration before engaging in any LNG activities which require an LNG license or manufacturer registration and shall immediately notify AFS in writing of the change in business entity.(c) Dealership name change. A licensee or registered manufacturer which changes its name shall not be required to obtain a new license or manufacturer registration but shall immediately notify AFS as follows prior to engaging in any LNG activities under the new name. The licensee or registered manufacturer shall file:(1) an amended LNG Form 2001 or LNG Form 1001M;(2) an amended LNG Form 2001A, if outlet names will change;(3) a copy of the licensee's or registered manufacturer's business documents reflecting the name change, such as amendments to the articles of incorporation or assumed name filings;(4) certificates of insurance or affidavits in lieu of insurance if permitted by §14.2034 of this title (relating to Self-Insurance Requirements) or both; and(5) any other forms required by AFS.(d) Company representatives and operations supervisors. In all changes of ownership, form of dealership, or name of dealership, the resulting entity shall have a properly certified company representative for the license and an operations supervisor, if required, at each outlet and as specified in §14.2025 of this title (relating to Designation and Responsibilities of Company Representative and Operations Supervisors).(e) In the event of a death of a sole proprietor or partner, the AFS director may grant a temporary exception not to exceed 30 calendar days to the examination requirement for company representatives and operations supervisors. An applicant for a temporary exception shall comply with applicable safety requirements.", "sourceNote": "Source Note: The provisions of this §14.2029 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203844", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2031", "label": "Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203845", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or registered manufacturer shall not perform any activity authorized by its license or registration under §14.2013 of this title (relating to License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations and Renewals) unless insurance coverage required by this section is in effect. LNG licensees, registered manufacturers, or applicants for license or manufacturer registration shall comply with the minimum amounts of insurance specified in Table 1 of this section or with the self-insurance requirements in §14.2034 of this title (relating to Self-Insurance Requirements). Registered manufacturers are not eligible for self-insurance. Before AFS grants or renews a manufacturer registration, an applicant for a manufacturer registration shall submit the documents required by paragraph (1) of this subsection. Before AFS grants or renews a license, an applicant for license shall submit either:(1) an insurance AcordTM form or any other form approved by the Texas Department of Insurance that has been prepared and signed by the insurance carrier and containing all required information. The forms must be issued by an insurance company authorized or accepted by the Texas Department of Insurance; or(2) properly completed documents demonstrating the applicant's compliance with the self‑insurance requirements in §14.2034 of this title.Attached Graphic(b) Each licensee shall file LNG Form 2999 or other written notice with AFS at least 30 calendar days before the cancellation of any insurance coverage. The 30-day period commences on the date the notice is actually received by AFS.(c) A licensee or applicant for a license that does not employ or contemplate employing any employee to be engaged in LNG-related activities in Texas may file LNG Form 2996B in lieu of filing a workers' compensation insurance form, including employers' liability insurance, or alternative accident and health insurance coverage. The licensee or applicant for a license shall file the required insurance form with AFS before hiring any person as an employee engaged in LNG-related work.(d) A licensee, applicant for a license, or an ultimate consumer that does not operate or contemplate operating a motor vehicle equipped with an LNG cargo container or does not transport or contemplate transporting LNG by vehicle in any manner may file LNG Form 2997B in lieu of filing motor vehicle bodily injury and property damage insurance form, if this certificate is not otherwise required. The licensee or applicant for a license shall file the required insurance form with AFS before operating a motor vehicle equipped with an LNG cargo container or transporting LNG by vehicle in any manner.(e) A licensee, registered manufacturer, or applicant for a license or manufacturer registration that does not engage in or contemplate engaging in any LNG activities that would be covered by completed operations or products liability insurance, or both, may file LNG Form 2998B in lieu of filing a completed operations and/or products liability insurance form. The licensee, registered manufacturer, or applicant for a license or manufacturer registration shall file the required insurance form with AFS before engaging in any activities that require completed operations and/or products liability insurance.(f) A licensee, registered manufacturer, or applicant for a license or manufacturer registration that does not engage in or contemplate engaging in any activities that would be covered by general liability insurance may file LNG Form 2998B in lieu of filing a general liability insurance form. The licensee, registered manufacturer, or applicant for a license or manufacturer registration shall file the required insurance form with AFS before engaging in any activities that require general liability insurance.(g) A licensee may protect its employees by obtaining accident and health insurance coverage from an insurance company authorized to write such policies in this state as an alternative to workers' compensation coverage. The alternative coverage shall be in the amounts specified in Table 1 of this section.(h) Each licensee or registered manufacturer shall promptly notify AFS of any change in insurance coverage or insurance carrier by filing a revised AcordTM form; other form approved by the Texas Department of Insurance that has been prepared and signed by the insurance carrier containing all required information; or documents demonstrating the applicant's compliance with the self-insurance requirements set forth in §14.2034 of this title. Failure to promptly notify AFS of a change in the status of insurance coverage or insurance carrier may result in an enforcement action and an administrative penalty.(i) A state agency or institution, county, municipality, school district, or other governmental subdivision may meet the requirements of this section for worker's compensation, general liability and/or motor vehicle liability insurance. The requirements may be met by submitting evidence of self-insurance that complies with the requirements of §14.2034 of this title. LNG Form 2995 may be filed as evidence of self-insurance, if self-insurance is permitted by the Texas Labor Code, Title 5, Subtitle C, and Texas Natural Resources Code, §116.036.", "sourceNote": "Source Note: The provisions of this §14.2031 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective November 12, 2007, 32 TexReg 8128; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203845", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2034", "label": "Self-Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212291", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to a licensee's general liability insurance, including premises and operations coverage. This section shall not apply to worker's compensation insurance, including employer's liability coverage.(b) A licensee applying for self-insurance shall file LNG Form 2027 with AFS along with materials which will allow AFS to determine whether:(1) the net worth of the applicant is adequate in relationship to the size of operations and the extent of its request for self-insurance authority. The applicant shall demonstrate that it will maintain a net worth sufficient to ensure that it will meet its statutory obligations to the public to pay all claims relating to general liability, including premises and operations coverage; and(2) the applicant has a sound self-insurance program. The applicant shall demonstrate that it has established and shall maintain an insurance program that will protect the public against all claims involving LNG activities to the same extent as the minimum limits specified in Table 1 of §14.2031 of this title (relating to Insurance Requirements). Such a program may include but not be limited to one or more of the following: reserves; irrevocable letter of credit, as specified in subsection (h) of this section; sinking funds; third-party financial guarantees; parent company or affiliate sureties; excess insurance coverage; or other similar arrangements.(c) AFS may consider applications for approval of other securities or agreements, or may require any other information which may be necessary to ensure the application satisfies that the security or agreement offered will afford adequate security for protection of the public.(d) AFS may approve a licensee's application for self-insurance if the licensee demonstrates to AFS its ability to satisfy its obligations for the minimum insurance requirements specified in §14.2031 of this title. AFS may approve the licensee as a self-insurer for a specific time period or for an indefinite period until further action is taken by AFS.(e) The applicant shall file semi-annual reports and annual statements with the applicant's financial status and status of its self-insurance program with AFS during the period of its self-insurer status by March 10 and September 10 of each year.(f) After ten days' notice to the applicant, AFS may require the applicant to appear and demonstrate that it continues to have adequate financial resources to pay all general liability, including premises and operations coverage claims, and that it remains in compliance with the other requirements of this section. If the applicant fails to do so, AFS shall revoke its self-insurer status and may order that the licensee is ineligible for self-insurance in the future.(g) A state agency or institution, county, municipality, school district, or other governmental subdivision may meet the requirements for workers' compensation coverage or general liability and/or motor vehicle liability insurance if permitted by the Texas Workers' Compensation Act, Texas Labor Code, Title 5, Subtitle A; and Texas Natural Resources Code, §116.036, by submitting LNG Form 2995 to AFS.(h) Letters of credit filed with LNG Form 2028 shall:(1) be issued by a federally chartered and federally insured bank authorized to do business in the United States;(2) be irrevocable during their terms;(3) be payable to the Commission in part or in full upon demand and receipt from the Commission of a notice of forfeiture; and(4) not apply to the licensing requirements for worker's compensation insurance, including employer's liability coverage.", "sourceNote": "Source Note: The provisions of this §14.2034 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212291", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2040", "label": "Filings Required for Stationary LNG Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203847", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. No LNG container shall be placed into LNG service or an installation operated or used in LNG service until the requirements of this section, as applicable, are met and the facility is in compliance with all applicable rules in this chapter and statutes. LNG systems under the jurisdiction of DOT Safety regulations in 49 CFR Part 193 shall comply with Chapter 8 of this title (relating to Pipeline Safety Regulations) prior to implementation of service.(b) Commercial installations with an aggregate water capacity of less than 15,540 gallons.(1) Within 30 calendar days following the completion of a commercial container installation, the licensee shall submit LNG Form 2501 to AFS stating:(A) the installation fully complies with the statutes and the rules in this chapter;(B) all necessary Commission licenses, certificates, and permits have been issued; and(C) the date the installation has been placed into LNG service.(2) The licensee shall pay a nonrefundable fee of $10 for each LNG container listed on the form.(A) AFS shall review the submitted information and shall notify the applicant in writing of any deficiencies.(B) A nonrefundable $20 fee shall be required for any resubmission.(3) LNG activities may commence prior to the submission of LNG Form 2501 if the facility is in compliance with the rules in this chapter.(c) Aggregate water capacity of 15,540 gallons or more.(1) For stationary installations with an aggregate water capacity of 15,540 gallons or more, the licensee shall submit the following information to AFS at least 30 days prior to construction:(A) LNG Form 2500;(B) LNG Form 2500A with all applicable documents;(C) a plat drawing from the appropriate appraisal district identifying:(i) the facility's property boundaries;(ii) the names of all real property owners within 500 feet; and(iii) a 500-foot radius measured from the proposed container location on the site;(D) a site plan of sufficient scale that identifies:(i) fire protection which complies with §14.2131 of this title (relating to Fire Protection);(ii) the location, types, and size of all LNG containers already on site or proposed to be on site,(iii) the distances from the container(s) to property lines and buildings;(iv) the location of LNG dispensers and their distance from the proposed container (the nearest container if more than one), property lines, buildings on the same property, roadways, driveways, and railroad track centerlines;(v) any known potential hazards;(vi) the location of any sources of ignition;(vii) the location of other types of aboveground fuel containers, the type of fuel stored, and the distance to LNG containers and dispensing equipment;(viii) the location of other types of fuel dispensers, the type of fuel dispensed, and the distance to LNG containers and dispensing equipment;(E) a non-refundable fee of $50 for the initial application or a nonrefundable fee of $30 for any resubmission; and(F) if the facility is accessed by cargo tanks from a public highway under the jurisdiction of the Texas Department of Transportation, a statement or permit from the Texas Department of Transportation showing that the driveway is of proper design and construction to allow safe entry and egress of the LNG cargo tanks.(2) Site plans shall include a scale or legend indicating the distances or measurements described and printed copies of plans with a legend must be printed to the correct size for the legend or distance provided.(3) Plans and specifications submitted under paragraph (1)(D) of this subsection shall be sealed by a registered professional engineer licensed and in good standing to practice in the State of Texas and who is qualified in the area of the design and construction of LNG facilities.(4) If the applicant modifies the plans and specifications before tentative or interim approval is granted by AFS or the Commission, respectively, the plans and specifications shall be resealed by a registered professional engineer licensed to practice in the State of Texas and resubmitted to AFS.(5) Prior to the installation of any individual LNG container, AFS shall determine whether the proposed installation constitutes a danger to the public health, safety, and welfare. The applicant shall provide additional information if requested by AFS.(A) AFS may impose restrictions or conditions on the proposed LNG installation based on one or more of the following factors:(i) nature and density of the population or occupancy of structures within 500 feet of the proposed or existing container locations;(ii) nature of use of property located within 500 feet of the LNG installation;(iii) type of activities on the installation's premises;(iv) potential sources of ignition that might affect an LNG leak;(v) existence of dangerous or combustible materials in the area that might be affected by an emergency situation;(vi) any known potential hazards or other factors material to the public health, safety, and welfare.(B) The Commission does not consider public health, safety, and welfare to include such factors as the value of property adjacent to the installation, the esthetics of the proposed installation, or similar considerations.(6) AFS shall notify the applicant as follows:(A) If AFS administratively approves the installation, AFS shall notify the applicant in writing within 21 business days.(B) If the application is administratively denied:(i) AFS shall notify the applicant in writing, specifying the deficiencies, within 21 business days.(ii) To proceed with the application, the applicant shall modify the submission and resubmit it for approval or request a hearing on the matter in accordance with Chapter 1 of this title (relating to Practice and Procedure). The subject of the submission shall not be operated or used in LNG service in this state until approved by the Commission following a hearing.(iii) When AFS notifies an applicant of an incomplete LNG Form 2500 or LNG Form 2500A, the applicant has 120 calendar days from the date of the notification letter to resubmit the corrected application or the application will expire. After 120 days, the applicant shall file a new application to reactivate AFS review of the proposed installation.(iv) The applicant may request in writing an extension of the 120-day time period. The request shall be postmarked or physically delivered to AFS before the expiration date. AFS may extend the application period for up to an additional 90 days.(7) The licensee shall not commence construction until notice of approval is received from AFS.(A) If the subject installation is not completed within one year from the date AFS has granted construction approval, the application will expire.(B) Prior to the date of expiration, the applicant may request in writing an extension of time of up to 90 days to complete the installation.(C) If the applicant fails to request an extension of time within the time period prescribed in this paragraph, the applicant will be required to submit a new application before the installation can be completed.(8) The applicant shall submit to AFS written notice of completed construction and the Commission shall complete the field inspection as specified in §14.2042 of this title (relating to Physical Inspection of Stationary Installations).(9) The container may be placed into service after AFS has completed the inspection and determines the installation meets all safety requirements.(10) The proposed installation shall not be operated or used in LNG service until approved by AFS.(11) A licensee shall not be required to submit LNG Form 2500, LNG Form 2500A, or a site plan prior to the installation of pull-away devices, or emergency shutoff valves (ESV's), or when maintenance and improvements are being made to the piping system at an existing LNG installation.(12) If a licensee is replacing a container with a container of the same or less overall diameter and length or height, and is installing the replacement container in the identical location of the existing container, the licensee shall file LNG Form 2500.(d) AFS may request LNG Form 2008, a Manufacturer's Data Report, or any other documentation or information pertinent to the installation in order to determine compliance with the rules in this chapter.(e) For an installation that is a licensee outlet, the operating licensee shall comply with §14.2014 of this title (relating to Applications for License or Manufacturer Registration (New and Renewal)) within 30 days of installation.", "sourceNote": "Source Note: The provisions of this §14.2040 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203847", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2041", "label": "Notice of, Objections to, and Hearings on Proposed Stationary LNG Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203848", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice of proposed stationary LNG installations.(1) For a proposed installation with an aggregate water capacity of 15,540 gallons or more, an applicant shall send a copy of the filings required under §14.2040 of this title (relating to Filings Required for Stationary LNG Installations) by certified mail, return receipt requested or otherwise delivered, to all owners of real property situated within 500 feet of any proposed container location at the same time the originals are filed with AFS.(A) AFS shall consider the notice to be sufficient when the applicant has provided evidence that copies of a complete application have been mailed or otherwise delivered to all real property owners.(B) The applicant or licensee may obtain names and addresses of owners from current county tax rolls.(2) An applicant shall notify owners of real property situated within 500 feet of the proposed container location if:(A) the current aggregate water capacity of the installation is more than doubled in a 12-month period; or(B) the resulting aggregate water capacity of the installation will be more than 214,348 gallons.(b) Objections to proposed stationary LNG installations.(1) Each owner of real property receiving notice of a proposed installation pursuant to subsection (a) of this section shall have 18 calendar days from the date the notice is postmarked to file a written objection with AFS using the LNG Form 2500A sent to them by the applicant. An objection is considered timely filed when it is actually received by the Commission.(A) AFS shall review all objections within 10 business days of receipt.(B) An objection shall be in writing and shall include a statement of facts showing that the proposed installation:(i) does not comply with the rules in this chapter, specifying which rules are violated;(ii) does not comply with the statutes of the State of Texas, specifying which statutes are violated; or(iii) constitutes a danger to the public health, safety, and welfare, specifying the exact nature of the danger. For purposes of this section, \"danger\" means an imminent threat or an unreasonable risk of bodily harm, but does not mean diminished property or esthetic values in the area.(2) Upon review of the objection, AFS shall:(A) request a public hearing as specified in §14.2016 of this title (relating to Penalty Guidelines and Enforcement); or(B) notify the objecting party in writing within 10 business days of receipt requesting further information for clarification and stating why the objection is not valid. The objecting entity shall have 10 calendar days from the postmark of AFS' letter to file its corrected objection. Clarification of incomplete or non-substantive objections shall be limited to two opportunities. If new objections are raised in the objecting party's clarification, the new objections shall be limited to one notice of correction.(c) Temporary installations which are used during peak demand times such as during cold weather or emergencies are not required to comply with these notice requirements. However, a sign shall be installed at the site and brochures or other similar means of notification shall be available at the site to advise the public of the need and use for the temporary installation.(d) Hearings on stationary LNG installations.(1) Reason for hearing. AFS shall call a public hearing if:(A) AFS receives an objection that complies with subsection (b) of this section; or(B) AFS determines that a hearing is necessary to investigate the impact of the installation.(2) Notice of public hearing. The Hearings Division shall give notice of the public hearing at least 21 calendar days prior to the date of the hearing to the applicant and to all real property owners who were required to receive notice of the proposed installation under subsection (a) of this section.(3) Procedure at hearing. The public hearing shall be conducted pursuant to Chapter 1 of this title (relating to Practice and Procedure).(4) Hearing findings. If the Railroad Commission finds after a public hearing that the proposed installation complies with the rules in this chapter and the statutes of the State of Texas, and does not constitute a danger to the public health, safety, and welfare, the Railroad Commission shall issue an interim approval order. The construction of the installation and the setting of the container shall not proceed until the applicant has received written notification of the interim approval order. Any interim approval order shall include a provision that such approval may be suspended or revoked if:(A) the applicant has introduced LNG into the system prior to final approval;(B) a physical inspection of the installation indicates that it is not installed in compliance with the submitted plat drawing for the installation, the rules in this chapter, or the statutes of the State of Texas; or(C) the installation constitutes a danger to the public health, safety, and welfare.", "sourceNote": "Source Note: The provisions of this §14.2041 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203848", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2042", "label": "Physical Inspection of Stationary Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212292", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Aggregate water capacity of 15,540 gallons or more. The applicant shall notify AFS in writing when the installation is ready for inspection.(1) If any non-compliance items are cited at the time of AFS' initial inspection, the installation shall not be placed in LNG service until the non-compliance items are corrected, as determined at the time of inspection depending on the nature of the non-compliance items cited.(2) If AFS does not physically inspect the facility within 30 calendar days of receipt of notice that the facility is ready for inspection, the facility may operate conditionally until the initial inspection is completed.(b) Aggregate water capacity of less than 15,540 gallons. After receipt of LNG Form 2501, AFS shall conduct an inspection as soon as possible to verify the installation described complies with the rules in this chapter. The facility may be operated prior to inspection if the facility fully complies with the rules in this chapter. If the initial inspection at a commercial installation results in the citation of non-compliance items, AFS may require that the subject container, including any piping, appliances, appurtenances, or equipment connected to it, be immediately removed from LNG service until the non-compliance items are corrected.(c) Material variances. If AFS determines the completed installation varies materially from the application originally accepted, correction of the variance and notification to AFS or resubmission of the application is required. The review of such resubmitted application shall comply with §14.2040 of this title (relating to Filings Required for Stationary LNG Installations).(d) In the event an applicant has requested an inspection and AFS' inspection identifies non-compliance items requiring modifications by the applicant, AFS may assess an inspection fee to cover the costs associated with any additional inspection, including mileage and per diem rates set by the legislature.", "sourceNote": "Source Note: The provisions of this §14.2042 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212292", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2043", "label": "Temporary Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203850", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Temporary installations shall comply with the following requirements:(1) Prior to the completion of a temporary installation with an individual or aggregate water capacity of 15,540 gallons or less, the licensee shall file LNG Form 2501 with AFS, and include proof of the local fire marshal's approval if the installation is within such jurisdiction.(2) Prior to the completion of a temporary installation with an individual or aggregate water capacity of 15,541 gallons or more, the licensee shall file LNG Form 2500, including plans and specifications, and proof of the local fire marshal's approval if the installation is with such jurisdiction.(b) Temporary installations shall be limited to one year from the date of installation. If the temporary installation is expected to remain in service for more than one year, the licensee responsible for the temporary installation shall inform AFS at least 30 days prior to the expiration of the one-year period.(c) Temporary installations shall be protected by guardrailing as specified in §14.2101(c) of this title (relating to System Protection Requirements) unless otherwise approved by AFS.(d) Temporary installations shall comply with the electrical requirements specified in NFPA 59A Chapter 10.(e) Temporary installations shall be mounted on a secure surface, not to include bare earth.(f) Temporary installations are not required to have impounding areas.(g) AFS may inspect temporary installations for compliance with this section.(h) Any temporary installation subject to the jurisdiction of United States Department of Transportation under 49 Code of Federal Regulations, Part 193, shall comply with the applicable DOT rules and any requirements of AFS.(i) Pursuant to §14.2041(c) of this title (relating to Notice of, Objections to, and Hearings on Proposed Stationary LNG Installations), temporary installations are not required to comply with the notification requirements in §14.2041 of this title.", "sourceNote": "Source Note: The provisions of this §14.2043 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203850", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2046", "label": "School Bus, Public Transportation, Mass Transit, and Special Transit Vehicle Installations and Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203851", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After the manufacture of or the conversion to an LNG system on any vehicle to be used in Texas as a school bus, mass transit, public transportation, or special transit vehicle, the manufacturer, licensee, or ultimate consumer making the installation or conversion shall notify AFS in writing on LNG Form 2503 that the applicable LNG-powered vehicles are ready for a complete inspection to determine compliance with the rules in this chapter.(b) AFS shall conduct the inspection within a reasonable time to ensure the vehicles are operating in compliance with the rules in this chapter.(1) If AFS' initial complete inspection finds that the vehicle is in compliance with the rules in this chapter and the statutes, the vehicle may be placed into LNG service. For fleet installations of identical design, an initial inspection shall be conducted prior to the operation of the first vehicle, and subsequent vehicles of the same design may be placed into service without prior inspections.(2) If violations exist at the time of the initial inspection, the vehicle shall not be placed into LNG service and the manufacturer, licensee, or ultimate consumer making the installation or conversion shall correct the violations. The manufacturer, licensee, or ultimate consumer shall file with AFS documentation demonstrating compliance with the rules in this chapter, or AFS shall conduct another complete inspection before the vehicle may be placed into LNG service.(3) For public transportation vehicles only, if AFS does not conduct the initial inspection within 30 business days of receipt of the LNG Form 2503, the vehicle may be operated in LNG service if it complies with the rules in this chapter.(c) The manufacturer, licensee, or ultimate consumer making the installation or conversion shall be responsible for compliance with the rules in this chapter, statutes, and any other local, state, or federal requirements.(d) If the requested AFS inspection identifies violations requiring modifications by the manufacturer, licensee, or ultimate consumer, AFS shall consider the assessment of an inspection fee to cover the costs associated with any additional inspection, including mileage and per diem rates set by the legislature.", "sourceNote": "Source Note: The provisions of this §14.2046 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203851", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2049", "label": "Report of LNG Incident/Accident" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212293", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the earliest practical moment or within two hours following discovery, a licensee owning, operating, or servicing equipment or an installation shall notify AFS by telephone of any incident or accident involving LNG which:(1) involves a single release of LNG during or following LNG transfer or during container transportation. Any loss of LNG which is less than 1.0% of the gross amount delivered, stored, or withdrawn need not be reported. Any loss occurring as a result of a pullaway shall be reported;(2) caused an estimated damage to the property of the operator, others, or both totaling $50,000 or more, including gas loss;(3) caused a death or any personal injury requiring hospitalization;(4) required taking an operating facility out of service;(5) resulted in an unintentional ignition of LNG requiring an emergency response;(6) involved the LNG installation on any vehicle propelled by or transporting LNG;(7) could reasonably be judged as significant because of rerouting of traffic, evacuation of buildings, or media interest, even though it does not meet paragraphs (1) - (6) of this subsection; or(8) is required to be reported to any other state or federal agency (such as the Texas Department of Public Safety or U.S. Department of Transportation).(b) Any transport unit required to be registered with AFS in accordance with §14.2704 of this title (relating to Registration and Transfer of LNG Transports) which is involved in an accident where there is damage to the tank, piping appurtenances, or any release of LNG resulting from the accident shall be reported to AFS, regardless of the accident location. Any LNG-powered motor vehicle used for school transportation or mass transit, including any state-owned vehicle, which is involved in an accident resulting in a release of LNG or damage to LNG equipment shall be reported to AFS, regardless of the accident location.(c) The telephonic notice required by this section shall be made to the Railroad Commission's 24-hour emergency line at (512) 463-6788 or (844) 773-0305 and shall include the following:(1) date and time of the incident;(2) name of the reporting operator;(3) phone number of the operator;(4) location of the leak or incident;(5) personal injuries and/or fatalities;(6) whether fire, explosion, or leak has occurred;(7) status of leak or other immediate hazards;(8) other significant facts relevant to the incident; and(9) whether immediate assistance from AFS is requested.(d) Following the initial telephone report, the licensee who made the telephonic report shall submit LNG Form 2020 to AFS. The form shall be postmarked within 14 calendar days of the date of initial notification to AFS, or within five business days of receipt of the fire department report, whichever occurs first, unless AFS grants authorization for a longer period of time when additional investigation or information is necessary.(e) Within five business days of receipt, AFS shall review LNG Form 2020 and notify in writing the person submitting LNG Form 2020 if the report is incomplete and specify in detail what information is lacking or needed. Incomplete reports may delay the resumption of LNG activities at the involved location.", "sourceNote": "Source Note: The provisions of this §14.2049 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212293", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2050", "label": "Reporting Unsafe LNG Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203852", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may report any unsafe or noncompliant LNG activities to AFS by mail, telephone, email, or fax. When possible, the person shall make the report using LNG Form 2022. Within five business days of receipt of such report, AFS shall notify the alleged non-compliant party in writing regarding the report and specify the reported non-compliant installations and/or activities.(b) The Commission may release the person's name in accordance with applicable open records procedures.(c) A person who reports unsafe LNG activities may be called to testify at a Commission hearing if one is necessary following the initiation of an enforcement action.", "sourceNote": "Source Note: The provisions of this §14.2050 adopted to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203852", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2052", "label": "Application for an Exception to a Safety Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212294", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §4.3 and for any alternate design used for installations subject to NFPA 59A requirements, a person may apply for an exception to the provisions of this chapter by filing LNG Form 2025 along with supporting documentation and a $50 filing fee with AFS.(b) The application shall contain the following:(1) the section number of any rules for which an exception is being requested;(2) the type of relief desired, including the exception requested and any information which may assist AFS in comprehending the requested exception;(3) a concise statement of facts which support the applicant's request for the exception, such as the reason for the exception, the safety aspects of the exception, and the social and/or economic impact of the exception;(4) for all stationary installations, regardless of size, a description of the acreage and/or address upon which the subject of the exception will be located. The description shall be in writing and shall include:(A) a site drawing;(B) sufficient identification of the site so that determination of property boundaries may be made;(C) a plat from the applicable appraisal district indicating the ownership of the land; and(D) the legal authority under which the applicant, if not the owner, is permitted occupancy;(5) the name, business address, and telephone number of the applicant and of the authorized agent, if any; and(6) a list of the names and addresses of all interested entities as defined in subsection (c) of this section.(c) Notice of the application for an exception to a safety rule shall include the following items and procedures:(1) The applicant shall send a copy of LNG Form 2025 by certified mail, return receipt requested, to all affected entities as specified in paragraphs (2), (3), and (4) of this subsection on the same date on which the form is filed with or sent to AFS. The applicant shall include a notice to the affected entities that any objection shall be filed with AFS within 18 calendar days of the postmark. The applicant shall file all return receipts with AFS as proof of notice.(2) If an exception is requested for a stationary site, the affected entities to whom the applicant shall give notice shall include but not be limited to:(A) persons and businesses owning or occupying property adjacent to the site;(B) the city council or fire marshal, if the site is within municipal limits; and(C) the county Commission, if the site is not within any municipal limits.(3) If an exception is requested for a non-stationary installation, affected entities to whom the applicant shall give notice shall include but not be limited to:(A) the Texas Department of Public Safety; and(B) all processed gas loading and unloading facilities used by the applicant.(4) AFS may require an applicant to give notice to persons in addition to those listed in paragraphs (2) and (3) of this subsection if doing so will not prejudice the rights of any entity.(d) Objections to the requested exception shall be in writing, filed with AFS within 18 calendar days of the postmark of the application, and shall be based on facts that tend to demonstrate that, as proposed, the exception would have an adverse effect on public health, safety, or welfare. AFS may decline to consider objections based solely on claims of diminished property or esthetic values in the area.(e) AFS shall review the application within 21 business days of receipt of the application.(1) If AFS does not receive any objections from any affected entities as defined in subsection (c) of this section, the AFS director may grant administratively the exception if the AFS director determines that the installation, as proposed, does not adversely affect the health or safety of the public. AFS shall notify the applicant in writing by the end of the 21-day review period and, if approved, the installation shall be installed within one year from the date of approval. AFS shall also advise the applicant at the end of the objection period as to whether any objections were received and whether the applicant may proceed.(2) If the AFS director denies the exception, AFS shall notify the applicant, in writing, outlining the reasons and any specific deficiencies.(3) The applicant may modify the application to correct the deficiencies and resubmit the application along with a $30 resubmission fee, or may request a hearing on the matter.(A) To be granted a hearing, the applicant shall file a written request for hearing within 14 calendar days of receiving notice of the administrative denial.(B) A hearing shall be held when AFS receives an objection, as set out in subsection (d) of this section from any affected entity or when the applicant requests one following an administrative denial. AFS shall forward the request to the Hearing Division.(f) Applicants intentionally submitting incorrect or misleading information are subject to penalties as set out in Texas Natural Resources Code, §116.142, and the filing of incorrect or misleading information shall be grounds for dismissing the application with prejudice.(g) After hearing, exceptions to this chapter may be granted by the Commission if the Commission finds that granting the exception for the installation, as proposed, will not adversely affect the safety of the public.(h) A request for an exception shall expire if it is inactive for three months after the date of the letter in which the applicant was notified by AFS of an incomplete request. Additional time may be granted upon request if needed to generate engineering results or calculations. The applicant may restart the application process.", "sourceNote": "Source Note: The provisions of this §14.2052 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212294", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "A", "label": "GENERAL APPLICABILITY AND REQUIREMENTS" }, "rule": { "number": "§14.2053", "label": "Manufacturer's Nameplate and Markings on ASME Containers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212295", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §13.3.16 and NFPA 59A §13.3.15, LNG shall not be introduced into any ASME container unless the container is equipped with an original nameplate or at least one of the following nameplates permanently attached to the container.(1) A duplicate nameplate is an additional ASME container nameplate issued by the original manufacturer with duplicate information as the original nameplate and clearly marked as a duplicate nameplate, but installed in a remote location.(2) A modification (or alteration) nameplate is a nameplate issued and affixed by an ASME Code facility including only partial information applicable to a modification or alteration performed on that container.(3) A replacement nameplate is a nameplate including the identical information as the original nameplate and identified as a replacement nameplate, but issued and affixed by the original manufacturer or its successor company or companies when the original nameplate is lost or illegible.(b) AFS may remove a container from LNG service or require ASME acceptance of a container at any time if AFS determines that the nameplate, in any form defined in subsection (a) of this section, is loose, unreadable, or detached, or if it appears to be tampered with or damaged in any way and does not contain at a minimum the items defined by NFPA as applicable.", "sourceNote": "Source Note: The provisions of this §14.2053 adopted to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212295", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2101", "label": "System Protection Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203854", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 59A §§12.9.3 and 13.2.3, this section applies to the protection from tampering and damage of stationary LNG installations, including LNG transfer systems, dispensing systems, and storage containers.(b) Fencing at LNG stationary installations shall comply with the following:(1) Fencing material shall be solid construction of noncombustible material or chain link type with wire at least 12 1/2 American wire gauge in size.(2) Fencing shall be at least six feet in height at all points. Fencing may be five feet in height when topped with at least three strands of barbed wire, with the strands four inches apart.(3) Uprights, braces, and cornerposts of the fence shall be composed of noncombustible material.(4) Uprights, braces, and cornerposts of the fence shall be anchored in concrete a minimum of 12 inches below the ground.(5) All fenced enclosures shall have at least one gate suitable for ingress and egress. All gates shall be locked whenever the area enclosed is unattended.(6) A minimum clearance of two feet shall be maintained between the fencing and any part of an LNG transfer system, dispensing system, or storage container that is part of a stationary installation.(7) Fencing which is located more than 25 feet from any point of the LNG transfer system, dispensing system, or storage containers shall be designated as perimeter fencing. If the LNG transfer system, dispensing system, or storage container is located inside perimeter fencing and is subject to vehicular traffic, it shall be protected against damage according to subsection (c) of this section.(8) The storage and compression area must be completely enclosed by fencing.(9) Where fencing is not used to protect the installation, then valve locks, a means of locking the electric control for the compressors, or other suitable means shall be provided to prevent unauthorized withdrawal of LNG.(c) Guardrails at LNG stationary installations shall comply with the following:(1) Vertical supports for guardrails shall be at least four-inch concrete-filled schedule 40 steel pipe or material with equal or greater strength. The vertical supports shall be capped on top, anchored in concrete at least 36 inches below the ground, and rise at least 30 inches above the ground. Supports shall be spaced four feet apart or less.(2) The top of the horizontal guardrailing shall be secured to the vertical supports at least 30 inches above the ground. The horizontal guardrailing shall be at least three-inch Schedule 40 steel pipe or other material with equal or greater strength. The horizontal guardrailing shall be welded or bolted to the vertical supports with bolts of sufficient size and strength to prevent damage to the protected equipment under normal conditions including the nature of the traffic to which the protected equipment is subjected.(3) Openings in the horizontal guardrailing shall not exceed 36 inches. Only one opening is allowed on each side of the guardrailing. A means of temporarily removing the horizontal guardrailing and/or vertical supports to facilitate the handling of heavy equipment may be incorporated into the horizontal guardrailing and vertical supports. In no case shall the protection provided by the horizontal guardrailing and vertical supports be decreased. Transfer hoses from the bulkhead shall be routed only over the horizontal guardrailing or through the 45-degree opening in front of the bulkhead.(4) A minimum clearance of 24 inches shall be maintained between the railing and any part of an LNG transfer system, dispensing system, or storage container.(d) Protection shall be maintained in good condition at all times in accordance with the standards set forth in this section. AFS may impose additional requirements to ensure the safety of personnel and the general public.(e) The operating end of each container, including the material handling equipment and the entire dispensing system, and any part of the LNG transfer system, dispensing system, or storage container which is exposed to collision damage or vehicular traffic shall be protected from this type of damage.(f) Stationary LNG installations shall comply with the sign and lettering requirements specified in Table 1 of this section and the following:Attached Graphic(1) Unless colors are specified, lettering shall be a color in sharp contrast to the background color of the sign and shall be easily readable.(2) Signs shall be visible from each point of transfer;(3) Signs on emergency shutdown devices shall be permanently affixed;(4) Signs bearing the words, \"NATURAL GAS,\" shall be located on all operating sides of dispensers; and(5) Signs indicating the licensee's name shall be located at either the vehicle dispenser or refueling area, or at the loading or unloading area.(g) At least two monitoring sensors shall be installed at all stationary installations to detect hazardous levels of LNG. Sensors shall activate at not more than 25% of the lower flammability limit (LFL) of LNG. If the level exceeds one-fourth of the LFL, the sensor shall either shut the system down or activate an audible and visual alarm. The number of sensors to be installed shall comply with the area of coverage for each sensor and the size of the installation. The sensors shall be installed and maintained in accordance with the manufacturer's instructions.", "sourceNote": "Source Note: The provisions of this §14.2101 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203854", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2102", "label": "Installation and Maintenance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203855", "queryAsDate": "03/11/2026" }, "ruleBody": "All LNG containers, valves, dispensers, accessories, piping, transfer equipment, and gas utilization equipment shall be installed and maintained in safe working order according to the manufacturer's instructions and the rules in this chapter. If any one of the LNG storage containers, valves, dispensers, accessories, piping, transfer equipment, gas utilization equipment, and appliances is not in safe working order, AFS may require that the installation be immediately removed from LNG service and not be operated until the necessary repairs have been made.", "sourceNote": "Source Note: The provisions of this §14.2102 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203855", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2104", "label": "Testing of Containers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203856", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to determine the safety of a container, AFS may require that the licensee or operator of the container submit a copy of the manufacturer's data report on that container. AFS may also require that the container and assembly be tested by a Category 15, 20, or 50 licensee and a comprehensive report on the findings submitted to AFS. This requirement may be applied even though an acceptable LNG Form 2023 has been received.(b) Any stationary LNG container previously in LNG service brought into Texas or which has not been subject to continuous LNG pressure or inert gas pressure shall be inspected by a currently licensed Category 15, 20, or 50 licensee to determine if the container shall be leak-tested or re-certified. A copy of the inspector's written report shall be filed with AFS. The container shall not be used until the appropriate leak test or certification process determines the container is safe for LNG service.(c) Any stationary LNG container which has been subject to continuous LNG or inert gas pressure may not require testing prior to installation provided the licensee or operator of the container files LNG Form 2023 at the time LNG Form 2500 is submitted for any facility requiring submission of a site plan in accordance with §14.2040 of this title (relating to Filings for Stationary LNG Installations).(d) AFS may remove a container from LNG service or require ASME acceptance of a container at any time if AFS determines that the nameplate is loose, unreadable, or detached, or if it appears to be tampered with or damaged in any way and does not contain at a minimum the items specified in subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §14.2104 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203856", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2110", "label": "LNG Container Installation Distance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203857", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Operating industrial trucks with only one container mounted on each truck may be stored inside buildings. Extra containers shall not be stored inside buildings. Operating industrial trucks shall be stored in an area that will reduce the likelihood of an accident. Service valves shall be closed whenever a truck with a mounted container is stored. A venting system shall be used any time a vehicle not in operation is inside a building to allow safe relief valve venting.(b) In addition to NFPA 52 §13.5, stationary LNG containers and piping shall not be placed in the area directly beneath or above an electric transmission, distribution, or customer service line and the area six feet to either side of that line. If this distance is not adequate to prevent the line and the associated voltage from contacting the LNG container in the event of breakage of any conductor, then other suitable means of protection designed and constructed to prevent such contact with the container may be used if approval is received from AFS. The request for approval shall be in writing and shall specify the manner in which the container will be protected from contact, including specifications for the materials to be used. If AFS does not approve the proposed protection, then the container shall be located a sufficient distance from the line to prevent such contact.(c) When installed for use, containers shall not be stacked one upon another except when designed by the manufacturer for stacking.(d) Welding, cutting, and similar operations shall be prohibited within 25 feet of the container and the transfer area during transfer operations and shall be conducted only as specifically authorized in a manner to prevent accidental ignition of LNG or flammable fluids.", "sourceNote": "Source Note: The provisions of this §14.2110 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203857", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2116", "label": "Venting of LNG" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203858", "queryAsDate": "03/11/2026" }, "ruleBody": "Venting of LNG is prohibited as part of routine activities, except for the following:(1) as provided for in §14.2119 of this title (relating to Transport Vehicle Loading and Unloading Facilities and Procedures); and(2) through a trycock installed on a stationary storage tank during filling of the tank.", "sourceNote": "Source Note: The provisions of this §14.2116 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203858", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2119", "label": "Transport Vehicle Loading and Unloading Facilities and Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203859", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 59A §11.6, transport vehicle loading and unloading facilities shall meet the following requirements:(1) Transfer piping, pumps, and compressors shall be installed with the following protective measures:(A) protection from damage from vehicle movements in compliance with the guardrail and fencing requirements of §14.2101 of this title (relating to System Protection Requirements);(B) isolation valves at both ends of containers with less than 2,000 gallon capacity, and a remote operating valve, automatic closure, or check valve to prevent backflow on containers of 2,000 gallons or more capacity;(C) a check valve on piping for liquid transfer to minimize accidental release; and(D) a line relief valve between every pair of isolation valves.(2) Operating status indicators shall be provided in the transfer area.", "sourceNote": "Source Note: The provisions of this §14.2119 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203859", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2122", "label": "Pumps and Compressors Used for LNG and Refrigerants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203860", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 59A §11.8, pressure gauges shall be installed on each pump and compressor discharge.", "sourceNote": "Source Note: The provisions of this §14.2122 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203860", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2125", "label": "Hoses and Arms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203861", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to NFPA 59A §11.8, couplings used for connection of a hose or arm shall be suitable for operating conditions and shall be designed for frequent coupling and uncoupling.", "sourceNote": "Source Note: The provisions of this §14.2125 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203861", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2131", "label": "Fire Protection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203862", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The emergency procedure manual required in NFPA 59A §13.18.3.1 shall be available in the operating area and shall be updated as required by changes in equipment or procedures.(b) In addition to NFPA 59A §12.7, safety and fire protection equipment shall be visually inspected at least once a month and tested at least once a year. Documentation shall be maintained on inspections and tests for at least two years or consistent with other safety record retention schedules, whichever is greater.", "sourceNote": "Source Note: The provisions of this §14.2131 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203862", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "B", "label": "GENERAL RULES FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2137", "label": "Employee Safety and Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102533", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Employees who handle and dispense LNG shall be trained in proper handling, operating duties, and procedures.(b) Employees shall be trained upon employment and as needed thereafter, but no less than every two years. Training shall include the following:(1) information on the nature, properties, and hazards of LNG in both the liquid and gaseous phases;(2) specific instructions on the facility equipment to be used;(3) use and care of protective equipment and clothing;(4) standard first aid;(5) response to emergency situations such as fire, leaks, and spills;(6) good housekeeping practices;(7) the emergency response plan; and(8) evacuation and fire drills.", "sourceNote": "Source Note: The provisions of this §14.2137 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102533", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "D", "label": "GENERAL RULES FOR LNG FUELING FACILITIES" }, "rule": { "number": "§14.2301", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203864", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter applies to the design, construction, installation, and operation of containers, pressure vessels, pumps, vaporization equipment, buildings, structures, and associated equipment used for the storage and dispensing of LNG as an engine fuel for vehicles of all types.", "sourceNote": "Source Note: The provisions of this §14.2301 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203864", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "D", "label": "GENERAL RULES FOR LNG FUELING FACILITIES" }, "rule": { "number": "§14.2304", "label": "General Facility Design" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) LNG shall not be vented to the atmosphere under normal operations unless the vent leads to a safe point of discharge. Vent pipes or stacks shall have the open end suitably protected to prevent entrance of rain, snow, and other foreign material. Vent stacks shall have provision for drainage.(b) Temperature monitoring systems shall be provided where the foundations supporting cryogenic containers and equipment could be adversely affected by freezing or frost heaving of the ground.", "sourceNote": "Source Note: The provisions of this §14.2304 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203865", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "D", "label": "GENERAL RULES FOR LNG FUELING FACILITIES" }, "rule": { "number": "§14.2310", "label": "Emergency Refueling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees and nonlicensees, such as mass transit authorities, may use a mobile refueling vehicle for emergency refueling provided it complies with the following requirements:(1) The gross vehicle weight (GVW) shall not exceed the GVW rating. Installation of the container shall not adversely affect the vehicle.(2) The vehicle used to transport the container shall comply with all DOT and Texas placarding requirements.(3) The LNG cargo container shall have a maximum water capacity of 200 gallons.(4) The container, fittings, and transfer equipment shall be properly secured against displacement.(b) The individual performing the transfer of LNG shall be properly trained in all aspects of LNG transfer.(c) Prior to the mobile refueling vehicle being placed into service, the licensee shall file with AFS a drawing showing the mounting, type of container, water capacity of the container, type of vehicle to be used, and the method of mounting. The vehicle shall not be placed into service until AFS ensures that it complies with the applicable rules.(d) Emergency refueling vehicles are not required to be registered with AFS.", "sourceNote": "Source Note: The provisions of this §14.2310 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203866", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "D", "label": "GENERAL RULES FOR LNG FUELING FACILITIES" }, "rule": { "number": "§14.2313", "label": "Fuel Dispensing Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Compliance with NFPA 52 §10.4 or requirements of this section does not ensure conformity with other state and federal regulations, such as those of the Texas Commission on Environmental Quality or the United States Environmental Protection Agency. Retail LNG dispensers shall comply with the applicable weights and measures requirements of the Texas Department of Agriculture relating to dispensing accuracy.(b) All appurtenances and equipment placed into LNG service shall be certified, marked, or listed by a nationally recognized laboratory such as Underwriters Laboratory (UL), Factory Mutual (FM), CSA International or other such laboratories approved by AFS unless:(1) the appurtenances or equipment are specifically prohibited for use by another section of this chapter; or(2) there is no test specification or procedure developed by a testing laboratory for the appurtenances or equipment.(c) Appurtenances and equipment that cannot be listed but are not prohibited for use by the rules in this chapter shall be acceptable for LNG service over the full range of pressures and temperatures to which they will be subjected under normal operating conditions.(d) The licensee or operator of the appurtenance or equipment shall maintain documentation sufficient to substantiate any claims made regarding the safety of any valves, fittings, and equipment and shall, upon request, furnish copies to AFS.(e) Manually operated container valves shall be provided for each container.(f) Manually operated shutoff valves shall be installed in manifolds as close as practicable to a container or group of containers.", "sourceNote": "Source Note: The provisions of this §14.2313 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "D", "label": "GENERAL RULES FOR LNG FUELING FACILITIES" }, "rule": { "number": "§14.2314", "label": "Removal from LNG Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203868", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If AFS determines that any LNG container or installation constitutes an immediate danger to the public health, safety, and welfare, AFS shall require the immediate removal of all LNG and/or the immediate disconnection by a properly licensed company to the extent necessary to eliminate the danger. This may include equipment or any part of the system including the service container. A warning tag shall be attached by AFS until the unsafe condition is remedied. Once the unsafe condition is remedied, the tag may be removed by an AFS inspector or by the licensee if authorized by AFS.(b) If the affected entity disagrees with the removal from service and/or placement of a warning tag the entity may request a review of AFS' decision within 10 calendar days. Within 10 business days, AFS shall notify such entity of its finding in writing, stating the deficiencies. If the entity disagrees, the entity may request or AFS on its own motion may request a hearing. Such installation shall be brought into compliance or removed from service until such time as the final decision is rendered by the Commission.", "sourceNote": "Source Note: The provisions of this §14.2314 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203868", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "D", "label": "GENERAL RULES FOR LNG FUELING FACILITIES" }, "rule": { "number": "§14.2319", "label": "Automatic Fuel Dispenser Safety Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102582", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Automatic fuel dispensers shall be fabricated of material suitable for LNG and resistant to the action of LNG under service conditions. Pressure containing parts shall be stainless steel, brass, or other equivalent cryogenic material. Aluminum may be used for approved meters.(b) Electric installations within dispenser enclosures and the entire pit or open space beneath dispensers shall comply with NEC, Class 1, Group D, Division 1, except for dispenser components located at least 48 inches above the dispenser base which NEC states are intrinsically safe.(c) Valves, metering equipment, and other related equipment installed on automatic dispensers shall meet all applicable requirements of the rules in this chapter.(d) In addition to NFPA 52 §10.4.1, automatic dispensers shall be protected from damage by vehicle collision by fencing and guardrails installed in accordance with §14.2101 of this title (relating to System Protection Requirements).(e) A device shall be installed in the liquid piping so that displacement of an automatic dispenser will result in the displacement of such piping on the downstream side of the device.(f) The fueling nozzle shall prevent LNG from being discharged unless the nozzle is connected to the vehicle.(g) A key, card, or code system shall be used to activate the automatic dispenser.(h) Automatic dispensers shall incorporate cutoff valves with opening and closing devices which ensure the valves are in a closed position when dispensers are deactivated.(i) LNG fuel storage installations which include automatic dispensers shall be equipped with an emergency shut-down device for the entire LNG installation located at least 20 feet from the nearest dispenser or storage area. The emergency shut-down device shall be distinctly marked for easy recognition in compliance with the requirements of §14.2101 of this title.(j) If automatic dispensers are to be used during hours of darkness, permanent adequate lighting shall be provided to facilitate proper operations.(k) Fuel dispensers, including automatic dispensers, may be operated only by an individual who has been properly trained.(1) The licensee owning, operating, or servicing a CNG fuel dispensing facility shall ensure the safe operation of the system and provide training to users.(2) Step‑by‑step operating instructions provided by the manufacturer shall be posted at or on each automatic dispenser, readily visible to the operator during transfer operations. The instructions shall describe each action necessary to operate the automatic dispenser and include the location of and procedure for activating emergency shutoff equipment.(3) Each person or entity who operates a fuel dispenser, excluding an automatic dispenser, shall be provided with written instructions and safe operating procedures by the licensee. The person operating the dispenser should be cautioned to study and preserve such instructions and procedures.", "sourceNote": "Source Note: The provisions of this §14.2319 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102582", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "E", "label": "PIPING SYSTEMS AND COMPONENTS FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2401", "label": "General Provisions for Piping Systems and Components" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203863", "queryAsDate": "03/11/2026" }, "ruleBody": "Piping systems shall comply with ANSI B31.3, Chemical Plant and Petroleum Refinery Piping. The additional provisions of this subchapter apply only to pressurized piping systems and components for LNG, flammable refrigerants, flammable liquids, and flammable gases, and unpressurized or low pressure piping systems, including vent lines and drain lines which handle LNG, flammable refrigerants, flammable liquids, and flammable gases with service temperatures below -20 degrees Fahrenheit.", "sourceNote": "Source Note: The provisions of this §14.2401 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203863", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "E", "label": "PIPING SYSTEMS AND COMPONENTS FOR ALL STATIONARY LNG INSTALLATIONS" }, "rule": { "number": "§14.2416", "label": "Installation of Valves" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 59A §§9.4.2.3 and 9.4.2.4, the number of shutoff valves installed shall be kept to the minimum required for efficient and safe operation of each facility.(b) Piping systems shall be designed to limit the contained volume that could be discharged in the event of a piping system failure. Sufficient valves which can be operated both at the installed location and from a remote location to shut down the process and transfer systems in the event of an emergency shall be installed.(c) ESD valves shall be single-purpose valves.", "sourceNote": "Source Note: The provisions of this §14.2416 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102557", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "G", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§14.2601", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203869", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter applies to the design, installation, inspection, and testing of LNG fuel supply systems for vehicle engines and other engines installed on a vehicle.", "sourceNote": "Source Note: The provisions of this §14.2601 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203869", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "G", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§14.2604", "label": "System Component Qualification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203870", "queryAsDate": "03/11/2026" }, "ruleBody": "Fuel-carrying components (excluding service valves, tubing, and fittings) shall be labeled or stamped with the following:(1) the manufacturer's name or symbol;(2) the model designation;(3) the maximum allowable maximum allowable working pressure;(4) the design temperature range;(5) direction of flow of fuel when necessary for correct installation; and(6) capacity or electrical rating as applicable.", "sourceNote": "Source Note: The provisions of this §14.2604 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "G", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§14.2610", "label": "Installation of Vehicle Fuel Containers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203871", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to NFPA 52 §9.12.1.2, vehicle fuel containers on school buses, mass transit vehicles, and other public transportation vehicles shall be installed on the underside of the vehicle, except as specified in subsection (c) of this section. Fuel containers on special transit vehicles shall be installed in a location which will not interfere with vehicle operation.(b) Fuel supply containers shall be connected or mounted to comply with the following specifications:(1) Container brackets shall be secured to the vehicle body, bed, or frame with bolts, lock washers and nuts, or self-locking nuts of a size and strength capable of withstanding a static force in any direction of eight times the weight of a full container for vehicles with gross vehicle weights of 19,500 pounds or less, and four times the weight of a full container for vehicles with gross vehicle weights of 19,501 pounds or more. Mounting brackets shall be marked with the manufacturer's name or logo. If self-locking nuts are installed, they shall not be reused once they are removed.(2) Containers shall be secured to a school bus, mass transit, or special transit vehicle frame excluding the floor by container fastenings or mounting brackets described in paragraph (1) of this subsection. The fastenings or brackets shall be secured to the frame, backing plates, or other supporting structure without compromising the strength of that structure.(c) Roof-mounted containers are allowed if the vehicle was originally designed and manufactured to have roof-mounted containers or if the original manufacturer approves the design of the structure mounting. Vehicles shall not be modified to have roof-mounted containers.(d) If necessary, a plumbing chamber door shall be provided in the sidewall of the school bus, mass transit, or special transit vehicle to allow for easy access for filling or securing the service valve in the event of an emergency. The plumbing chamber door shall be hinged and latched, but not locked.", "sourceNote": "Source Note: The provisions of this §14.2610 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203871", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "G", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§14.2619", "label": "Installation of Piping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203872", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fuel lines shall be supported at least every 21 to 27 inches.(b) Joint compound or tape acceptable for use with LNG shall be applied to all male pipe threads prior to assembly.(c) Piping and fittings shall be clean and free from cutting or threading burrs and scaling. The ends of all piping shall be reamed.(d) Bends in piping or tubing are prohibited if the bend weakens the pipe or tubing. Bends shall be made by bending tools designated for this purpose.(e) Joints or connections shall be located only in an accessible location.", "sourceNote": "Source Note: The provisions of this §14.2619 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203872", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "G", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§14.2625", "label": "Installation of Pressure Gauges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203873", "queryAsDate": "03/11/2026" }, "ruleBody": "Pressure gauges installed outside driver or passenger compartments shall be equipped with a limiting orifice, a shatter-proof dial lens, and a body relief.", "sourceNote": "Source Note: The provisions of this §14.2625 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2201, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203873", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "G", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§14.2634", "label": "Vehicle Fueling Connection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212296", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Vehicle fueling connections shall provide for the reliable and secure connection of the fuel system containers to a source of LNG.(b) Fueling connections shall prevent escape of gas when the connector is not properly engaged or becomes separated.", "sourceNote": "Source Note: The provisions of this §14.2634 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212296", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "G", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§14.2637", "label": "Signs and Labeling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203875", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Signs or labels shall be readily visible before and during transfer operations, shall be weather-resistant, and shall be located as specified in Table 1 of this section.Attached Graphic(b) Upon completion of a vehicle conversion, the licensee making the conversion shall affix to the vehicle an identification tag or decal in a location that is easily readable. The tag or decal shall contain letters that indicate the licensee's name, current license number, and the year and month the conversion was made.(c) Each school bus, special transit vehicle, mass transit vehicle, and public transportation unit shall be marked with the manual shutoff valve's location with the words \"Manual Shutoff Valve.\" Decals or stencils are acceptable.", "sourceNote": "Source Note: The provisions of this §14.2637 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203875", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "G", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§14.2640", "label": "System Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102597", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the completed LNG engine fuel system is leak tested with natural gas, the testing shall be done under adequately ventilated conditions.(b) If an LNG container is involved in an accident or fire causing damage to the container, the container shall be replaced or removed and returned to a currently licensed Category 15, 20, or 50 licensee to be inspected and retested in accordance with the original manufacturer's specifications. The licensee who performs any repair, modification, or testing of a container shall file LNG Form 2008 with AFS before the container is returned to service.", "sourceNote": "Source Note: The provisions of this §14.2640 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102597", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "G", "label": "ENGINE FUEL SYSTEMS" }, "rule": { "number": "§14.2643", "label": "Maintenance and Repair" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203885", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner or user or both shall maintain containers, container appurtenances, piping systems, venting systems, and other components in a safe condition.(b) Repair or alteration of pressure relief devices and fuel lines is prohibited. Damaged pressure relief devices and fuel lines shall be replaced.", "sourceNote": "Source Note: The provisions of this §14.2643 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203885", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2701", "label": "DOT Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212297", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter applies to LNG transports as defined in this chapter used in the transportation and distribution of LNG.(b) LNG transports shall comply with the requirements of DOT specification MC-338 and the applicable parts of Title 49, Code of Federal Regulations, Parts 171 - 180.", "sourceNote": "Source Note: The provisions of this §14.2701 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212297", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2704", "label": "Registration and Transfer of LNG Transports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203883", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who operates a transport equipped with LNG cargo tanks or any container delivery unit, regardless of who owns the transport or unit, shall register the transport or unit with AFS in the name or names under which the operator conducts business in Texas prior to the unit being used in LNG service.(1) To register a cargo tank unit previously unregistered in Texas, the operator of the unit shall:(A) pay to AFS the $270 registration fee for each LNG transport;(B) file a properly completed LNG Form 2007;(C) file a copy of the manufacturer's data report;(D) file a copy of the DOT compliance sheet; and(E) file a copy of the test required by §14.2707 of this title (relating to Testing Requirements), unless that unit was manufactured within the previous five years.(2) To register a container delivery unit previously unregistered in Texas, the operator of the unit shall:(A) pay to AFS the $270 registration fee for each unit; and(B) file a properly completed LNG Form 2007A.(3) To register an LNG cargo tank or any container delivery unit which was previously registered in Texas but for which the registration has expired, the operator of the unit shall:(A) pay to AFS the $270 registration fee;(B) file LNG Form 2007 for cargo tanks or LNG Form 2007A for container delivery units; and(C) for cargo tanks file a copy of the latest test results if an expired unit has not been used in the transportation of LNG for over one year or the current test has not been filed with AFS.(4) To re-register a currently registered unit, the licensee operating the unit shall:(A) pay a $270 annual registration fee;(B) file LNG Form 2007 for cargo tanks or LNG Form 2007A for container delivery units or the truck list provided with licensee's renewal notice; and(C) for cargo tanks file a copy of the latest test results if one has not been filed with AFS.(5) To transfer a currently registered unit, the new operator of the transport shall:(A) pay the $100 transfer fee for each unit;(B) file a properly completed LNG Form 2007T; and(C) for cargo tanks, file a copy of the latest test results if one has not been filed with AFS.(b) AFS may also request an operator registering or transferring any transport have the transport tested by a test other than those required by §14.2707 of this title.(c) When all registration or transfer requirements have been met, AFS shall issue LNG Form 2004 which shall be properly affixed in accordance with the placement instructions on the form. LNG Form 2004 shall authorize the licensee or ultimate consumer to whom it has been issued and no other person to operate such unit in the transportation of LNG and to fill the transport containers.(1) A person shall not operate an LNG transport in Texas unless the LNG Form 2004 has been properly affixed or unless its operation has been specifically approved by AFS.(2) A person shall not introduce LNG into a transport container unless that transport bears an LNG Form 2004 or unless specifically approved by AFS.(3) LNG Form 2004 shall not be transferable by the person to whom it has been issued, but shall be registered by any subsequent licensee or ultimate consumer prior to the unit being placed into LNG service.(4) This subsection shall not apply to:(A) a container manufacturer/fabricator who introduces a reasonable amount of LNG into a newly constructed container in order to properly test the vessel, piping system, and appurtenances prior to the initial sale of the container. The LNG shall be removed from the transport container prior to the transport leaving the manufacturer's or fabricator's premises; or(B) a person who introduces a maximum of 150 gallons of LNG into a newly constructed transport container when such container will provide the motor fuel to the chassis engine for the purpose of allowing the unit to reach its destination.(5) AFS shall not issue an LNG Form 2004 if AFS or a Category 15 or 50 licensee determines that the transport is unsafe for LNG service.", "sourceNote": "Source Note: The provisions of this §14.2704 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203883", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2705", "label": "Replacement Decals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212298", "queryAsDate": "03/11/2026" }, "ruleBody": "If an LNG Form 2004 decal on a transport currently registered with AFS is destroyed, lost, or damaged, the operator of that vehicle shall obtain a replacement decal by filing LNG Form 2018B and a $50 replacement fee with AFS.", "sourceNote": "Source Note: The provisions of this §14.2705 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212298", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2707", "label": "Testing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212299", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Transports required to be registered with AFS shall be tested at least once every five years by a Category 15, 20, or 50 licensee.(1) Documentation of the required testing shall be filed by the Category 15, 20, or 50 licensee.(2) The results of any test required under this section shall clearly indicate whether the transport container unit is safe for LNG service. The Category 15, 20, or 50 licensee shall send LNG Form 2008 to AFS within 30 calendar days of the due date of any tests required under this section.(3) If evidence of any unsafe condition is discovered as a result of any tests performed under this section, the transport container unit shall be immediately removed from LNG service and shall not be returned to LNG service until AFS notifies the licensee in writing that the transport container unit may be returned to LNG service.(b) Containers shall be tested in accordance with 49 CFR §180.407.(c) Containers shall be inspected for corroded areas, dents, or other conditions (including leakage under test pressure) which could render the container unsafe for LNG service.", "sourceNote": "Source Note: The provisions of this §14.2707 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212299", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2710", "label": "Markings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102603", "queryAsDate": "03/11/2026" }, "ruleBody": "LNG transports shall be marked on each side and the rear with the name of the licensee or the ultimate consumer operating the unit. Such lettering shall be legible and at least two inches in height and in sharp color contrast to the background. AFS will determine whether the name marked on the transport is sufficient to properly identify the operator.", "sourceNote": "Source Note: The provisions of this §14.2710 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, ,46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102603", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2713", "label": "Pressure Gauge" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102604", "queryAsDate": "03/11/2026" }, "ruleBody": "Transport containers shall be equipped with a pressure gauge for LNG service which shall be maintained in good operating condition at all times. An isolation valve shall be installed between the container and the pressure gauge.", "sourceNote": "Source Note: The provisions of this §14.2713 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102604", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2716", "label": "Supports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102605", "queryAsDate": "03/11/2026" }, "ruleBody": "Transport containers shall be supported as required by DOT Regulations, 49 CFR §178.337-13.", "sourceNote": "Source Note: The provisions of this §14.2716 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102605", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2719", "label": "Electrical Equipment and Lighting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102606", "queryAsDate": "03/11/2026" }, "ruleBody": "LNG transports and container delivery units shall not be equipped with an artificial light other than electrical. Lighting circuits shall have suitable overcurrent protection (fuses or automatic circuit breakers). Wiring shall have sufficient current capacity and mechanical strength, and shall be secured, insulated, and protected against physical damage.", "sourceNote": "Source Note: The provisions of this §14.2719 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102606", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2722", "label": "Liquid Level Gauging Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212300", "queryAsDate": "03/11/2026" }, "ruleBody": "Truck and trailer containers shall be equipped with a liquid level gauging device of approved design, such as a fixed tube device. Fixed tube devices shall be arranged so that the maximum liquid level to which the container may be filled is set at the maximum permitted for the container based on an initial liquid temperature not to exceed 40 degrees Fahrenheit. An isolation valve shall be installed between the container and the liquid level gauging device.", "sourceNote": "Source Note: The provisions of this §14.2722 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212300", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2725", "label": "Exhaust System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102536", "queryAsDate": "03/11/2026" }, "ruleBody": "No part of the exhaust system on any LNG transport or container delivery unit shall be located less than six inches from any piping, pump, and/or compressor unless shielded. The exhaust system discharge shall not impinge on the containers, piping, or related appurtenances.", "sourceNote": "Source Note: The provisions of this §14.2725 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102536", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2728", "label": "Extinguishers Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102537", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Transport power units shall be equipped with at least one fire extinguisher having a UL rating of 10 B:C or more, and shall be labeled or marked with that rating.(b) Fire extinguishers shall be fully charged, in good mechanical condition, and accessible for use. Fire extinguishers shall be mounted with a mounting bracket which will allow visual determination of being fully charged.", "sourceNote": "Source Note: The provisions of this §14.2728 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102537", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2731", "label": "Manifests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102538", "queryAsDate": "03/11/2026" }, "ruleBody": "Manifests or bills or lading shall be covered by permanent shipping papers authorized by the DOT.", "sourceNote": "Source Note: The provisions of this §14.2731 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102538", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2734", "label": "Transfer of LNG on Public Highways, Streets, or Alleys" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203888", "queryAsDate": "03/11/2026" }, "ruleBody": "Transferring LNG on public highways, streets, or alleys is prohibited except in an emergency or where the containers are on machinery being used for the construction or maintenance of such public highways, streets, or alleys.", "sourceNote": "Source Note: The provisions of this §14.2734 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203888", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2737", "label": "Parking of LNG Transports and Container Delivery Units, and Use of Chock Blocks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102540", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) LNG transport or container delivery units shall not be parked on any public street, highway, or alley, except in an emergency, or when in connection with normal duties, meals, or rest stops. Such units shall not be parked in a congested area and shall be parked a minimum distance of 50 feet from any building, except buildings devoted exclusively to LNG activities.(b) LNG transports shall carry at least two chock blocks designed to effectively prevent the movement of the transport. These blocks shall be used any time the transport is parked and during the transfer of fuel regardless of the level of the surrounding terrain.", "sourceNote": "Source Note: The provisions of this §14.2737 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102540", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2740", "label": "Uniform Protection Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203889", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) LNG transport units and container delivery units, including appurtenances, shall be maintained in a safe operating condition at all times.(b) Any transport unit or container delivery unit discovered to be in an unsafe condition while being operated on a public roadway may be continued in operation only to the nearest place where repairs can safely be made. Such operation shall be conducted only if it is less hazardous to the public than to permit the transport unit or container delivery unit to remain on the public roadway.", "sourceNote": "Source Note: The provisions of this §14.2740 adopted to be effective May 26, 2003, 28 TexReg 4100." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203889", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "H", "label": "LNG TRANSPORTS" }, "rule": { "number": "§14.2746", "label": "Delivery of Inspection Report to Licensee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212301", "queryAsDate": "03/11/2026" }, "ruleBody": "The transport driver of any transport unit receiving an inspection report from AFS shall deliver that report to the licensee in whose name the transport unit is registered.", "sourceNote": "Source Note: The provisions of this §14.2746 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212301", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "I", "label": "ADOPTION BY REFERENCE OF NFPA 52 (VEHICULAR GASEOUS FUEL SYSTEMS CODE)" }, "rule": { "number": "§14.2801", "label": "Adoption by Reference of NFPA 52" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203891", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective February 15, 2021, except as modified in the remaining sections of this subchapter, the Commission adopts by specific reference the provisions established by the National Fire Protection Association in its 2013 edition of the Vehicular Gaseous Fuel Systems Code, commonly referred to as NFPA 52 or Pamphlet 52. Nothing in this section or subchapter shall prevent the Commission, after notice, from adopting additional requirements, whether more or less stringent, for individual situations to protect the health, safety, and welfare of the general public. Any documents or parts of documents incorporated by reference into these rules shall be a part of these rules as if set out in full.(b) Effective February 15, 2021, the Commission also adopts by reference all other NFPA publications or portions of those publications referenced in NFPA 52 which apply to LNG activities only. The pamphlets adopted by reference in NFPA 52 are:(1) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2012 edition;(2) NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2010 edition;(3) NFPA 51B, Standard for Fire Prevention During Welding, Cutting, and Other Hot Work, 2009 edition;(4) NFPA 54, National Fuel Gas Code, 2012 edition;(5) NFPA 59A, Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG), 2013 edition;(6) NFPA 70, National Electrical Code, 2014 edition;(7) NFPA 80, Standard for Fire Doors and Other Opening Protectives, 2013 edition;(8) NFPA 101, Life Safety Code, 2012 edition;(9) NFPA 259, Standard Test Method for Potential Heat of Building Materials, 2013 edition;(10) NFPA 302, Fire Protection Standard for Pleasure and Commercial Motor Craft, 2010 edition;(11) NFPA 303, Fire Protection Standard for Marinas and Boatyards, 2011 edition;(12) NFPA 496, Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2013 edition; and(13) NFPA 5000, Building Construction and Safety Code, 2012 edition.", "sourceNote": "Source Note: The provisions of this §14.2801 adopted to be effective February 15, 2021, 46 TexReg 1044; amended to be effective February 7, 2023, 48 TexReg 512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203891", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "I", "label": "ADOPTION BY REFERENCE OF NFPA 52 (VEHICULAR GASEOUS FUEL SYSTEMS CODE)" }, "rule": { "number": "§14.2802", "label": "Clarification of Certain Terms Used in NFPA 52" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203892", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority having jurisdiction. As pertains to LNG activities in Texas, the phrase \"authority having jurisdiction\" defined in NFPA 52 §3.2 and referenced in other NFPA publications shall be the Railroad Commission of Texas or any of its divisions or employees, except with respect to the definitions of \"approved,\" \"labeled,\" and \"listed\" in NFPA 52 §3.2.(b) Engineering. The Commission does not adopt language in any NFPA 52 rule such as \"sound engineering practice,\" \"accepted engineering practice,\" \"good engineering practice,\" \"sound engineering design,\" or similar language that might be understood to mean or refer to the practice of engineering. The omission of a specific NFPA 52 rule or other NFPA pamphlets containing such language from the exceptions listed in this subchapter is inadvertent and shall not be read or understood as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring a license.", "sourceNote": "Source Note: The provisions of this §14.2802 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203892", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "I", "label": "ADOPTION BY REFERENCE OF NFPA 52 (VEHICULAR GASEOUS FUEL SYSTEMS CODE)" }, "rule": { "number": "§14.2803", "label": "Sections in NFPA 52 Adopted with Additional Requirements or Not Adopted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203893", "queryAsDate": "03/11/2026" }, "ruleBody": "Table 1 of this section lists certain NFPA 52 sections which the Commission adopts with additional requirements or does not adopt in order to address the Commission's rules in this chapter.Attached Graphic", "sourceNote": "Source Note: The provisions of this §14.2803 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203893", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "J", "label": "ADOPTION BY REFERENCE OF NFPA 59A (STANDARD FOR THE PRODUCTION, STORAGE, AND HANDLING OF LIQUEFIED NATURAL GAS (LNG))" }, "rule": { "number": "§14.2901", "label": "Adoption by Reference of NFPA 59A" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203894", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective February 15, 2021, except as modified in the remaining sections of this subchapter, the Commission adopts by specific reference the provisions established by the National Fire Protection Association in its 2013 edition of the Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG), commonly referred to as NFPA 59A or Pamphlet 59A. Nothing in this section or subchapter shall prevent the Commission, after notice, from adopting additional requirements, whether more or less stringent, for individual situations to protect the health, safety, and welfare of the general public. Any documents or parts of documents incorporated by reference into these rules shall be a part of these rules as if set out in full.(b) Effective February 15, 2021, the Commission also adopts by reference all other NFPA publications or portions of those publications referenced in NFPA 59A. The pamphlets adopted by reference in NFPA 59A are:(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 edition;(2) NFPA 11, Standard for Low‑, Medium‑, and High‑Expansion Foam, 2010 edition;(3) NFPA 12, Standard on Carbon Dioxide Extinguishing Systems, 2011 edition;(4) NFPA 12A, Standard on Halon 1301 Fire Extinguishing Systems, 2009 edition;(5) NFPA 13, Standard for the Installation of Sprinkler Systems, 2013 edition;(6) NFPA 16, Standard for the Installation of Foam‑Water Sprinkler and Foam‑Water Spray Systems, 2011 edition;(7) NFPA 17, Standard for Dry Chemical Extinguishing Systems, 2009 edition;(8) NFPA 20, Standard for the Installation of Stationary Pumps for Fire Protection, 2013 edition;(9) NFPA 22, Standard for Water Tanks for Private Fire Protection, 2008 edition;(10) NFPA 24, Standard for the Installation of Private Fire Service Mains and Their Appurtenances, 2013 edition;(11) NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water‑Based Fire Protection Systems, 2011 edition;(12) NFPA 30, Flammable and Combustible Liquids Code, 2012 edition;(13) NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2010 edition;(14) NFPA 54, National Fuel Gas Code, 2012 edition;(15) NFPA 58, Liquefied Petroleum Gas Code, 2011 edition;(16) NFPA 59, Utility LP‑Gas Plant Code, 2012 edition;(17) NFPA 70, National Electrical Code, 2011 edition;(18) NFPA 72, National Fire Alarm and Signaling Code, 2013 edition;(19) NFPA 101, Life Safety Code, 2012 edition;(20) NFPA 274, Standard Test Method to Evaluate Fire Performance Characteristics of Pipe Insulation, 2009 edition;(21) NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2012 edition;(22) NFPA 600, Standard on Industrial Fire Brigades, 2010 edition;(23) NFPA 1221, Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems, 2013 edition;(24) NFPA 1901, Standard for Automotive Fire Apparatus, 2009 edition;(25) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 2012 edition;(26) NFPA 5000, Building Construction and Safety Code, 2012 edition.", "sourceNote": "Source Note: The provisions of this §14.2901 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203894", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "J", "label": "ADOPTION BY REFERENCE OF NFPA 59A (STANDARD FOR THE PRODUCTION, STORAGE, AND HANDLING OF LIQUEFIED NATURAL GAS (LNG))" }, "rule": { "number": "§14.2902", "label": "Clarification of Certain Terms Used in NFPA 59A" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203895", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority having jurisdiction. As pertains to LNG activities in Texas, the phrase \"authority having jurisdiction\" defined in NFPA 59A §3.2 and referenced in other NFPA publications shall be the Railroad Commission of Texas or any of its divisions or employees, except with respect to the definitions of \"approved,\" \"labeled,\" and \"listed\" in NFPA 59A §3.2.(b) Engineering. The Commission does not adopt language in any NFPA 59A rule such as \"sound engineering practice,\" \"accepted engineering practice,\" \"good engineering practice,\" \"sound engineering design,\" or similar language that might be understood to mean or refer to the practice of engineering. The omission of a specific NFPA 59A rule or other NFPA pamphlets containing such language from the exceptions listed in this subchapter is inadvertent and shall not be read or understood as requiring, allowing, or approving the unlicensed practice of engineering or any other professional occupation requiring a license.", "sourceNote": "Source Note: The provisions of this §14.2902 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203895", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "14", "label": "REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)" }, "subchapter": { "number": "J", "label": "ADOPTION BY REFERENCE OF NFPA 59A (STANDARD FOR THE PRODUCTION, STORAGE, AND HANDLING OF LIQUEFIED NATURAL GAS (LNG))" }, "rule": { "number": "§14.2903", "label": "Sections in NFPA 59A Adopted with Additional Requirements or Not Adopted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187579", "queryAsDate": "03/11/2026" }, "ruleBody": "Table 1 of this section lists certain NFPA 59A sections which the Commission adopts with additional requirements or does not adopt in order to address the Commission's rules in this chapter.Attached Graphic", "sourceNote": "Source Note: The provisions of this §14.2903 adopted to be effective February 15, 2021, 46 TexReg 1044." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187579", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.1", "label": "Scope, Applicability, and General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130483", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter implements the authority of the Railroad Commission of Texas (Commission) under Texas Natural Resources Code, §117.012, Texas Utilities Code, §121.201, and Texas Health and Safety Code, §756.126. Except as provided in subsection (d) of this section, this chapter applies to all persons engaged in or preparing to engage in the movement of earth in the vicinity of an underground pipeline containing flammable, toxic, or corrosive gas, a hazardous liquid, or carbon dioxide.(b) The requirements of this chapter are based on the presumption that an excavator will notify a notification center pursuant to, and that a pipeline operator will respond in accordance with, the provisions of Texas Utilities Code, Chapter 251, and the requirements of the notification center. However, compliance with the provisions of Texas Utilities Code, Chapter 251, and the requirements of a notification center does not necessarily constitute compliance with the requirements of this chapter.(c) Persons that are exempt from the provisions of Texas Utilities Code, Chapter 251, are required to comply with this chapter, unless the person is exempt under the subsection (d) of this section.(d) This chapter does not apply to:(1) the exemptions in Texas Utilities Code, §251.003;(2) the movement of earth that does not exceed a depth of 16 inches;(3) surface mining operations;(4) the following activities when performed by an employee of the Texas Department of Transportation (TxDOT) within TxDOT right-of-way:(A) sampling and repair of pavement, base, and subgrade;(B) repair of roadway embankment adjacent to pavement structure;(C) reshaping of unpaved shoulders and drop-offs;(D) installation and maintenance of guardrails, cable barriers, delineators, vehicle attenuators, sign posts, mailboxes, and cables for traffic signals and luminaries;(E) cleaning of ditches; and(F) removal of silt from culverts; or(5) hand digging by an employee or contractor of TxDOT for TxDOT's archeological program.(e) This chapter also applies to movement of earth by tillage that exceeds a depth of 16 inches.(f) Unless otherwise specified, all time periods used in this chapter shall be calculated from the time the original notification is given to the notification center.(g) Unless otherwise specified, all time periods that are stated in days shall mean working days.(h) Unless an excavator and an operator otherwise expressly agree in accordance with the requirements set forth in §18.3 of this title, relating to Excavator Notice to Notification Center, the life of a line locate ticket shall be 14 days.(i) Unless otherwise expressly stated in this chapter, each excavator and each operator shall retain required records for at least four years. At a minimum, each operator and each excavator shall retain locate tickets and positive response notifications. Retention at a notification center is an acceptable method of retention for locate tickets.", "sourceNote": "Source Note: The provisions of this §18.1 adopted to be effective September 1, 2007, 32 TexReg 3545; amended to be effective February 12, 2018, 43 TexReg 756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130483", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130484", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Damage--Includes but is not limited to:(A) defacing, scraping, displacement, penetration, destruction, or partial or complete severance of an underground pipeline or of any protective coating, housing, or other protective device of an underground pipeline;(B) weakening of structural or lateral support of an underground pipeline that affects the integrity of the pipeline; or(C) failure to properly replace the backfill surrounding an underground pipeline.(2) Demolish or demolition--Any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or discharge of explosives.(3) Emergency--A situation that endangers life, health, or property or a situation in which the public need for uninterrupted service and immediate re-establishment of service if services are interrupted compels immediate action.(4) Excavate--Movement of earth by any means.(5) Excavator--A person that engages in or is preparing to engage in the movement of earth.(6) Hand digging--Any movement of earth using non-mechanized tools or equipment, soft digging, or vacuum excavation. Hand digging includes but is not limited to digging with shovels, picks, and manual post hole diggers.(7) Legal holiday--A holiday specified as a legal holiday by Subchapter B, Chapter 662, Texas Government Code.(8) Locate or marking--An operator's or its contract locator's physical demarcation of the location of an underground pipeline.(9) Locate ticket, line locate ticket, or ticket--The record of the notice of intent to excavate given by an excavator to a notification center in conformance with Texas Utilities Code, §§251.151 and 251.152.(10) Locator--A person charged with determining and marking the approximate horizontal location of underground pipeline that may exist within an area either specified by a notice served on a notification center or designated by white-lining.(11) Movement of earth--Any operation in which earth, rock, or other material in the ground, any structure, or any mass of material is moved, removed, disturbed, or otherwise displaced by hand digging, mechanized equipment or tools of any kind, or explosives, and includes but is not limited to augering, backfilling, boring, cable or pipe plowing and driving, compressing, cutting, demolition, digging, ditching, dragging, dredging, drilling, grading, plowing-in, pulling-in, razing, rendering, ripping, scraping, tilling of earth at a depth exceeding 16 inches, trenching, tunneling, or wrecking.(12) Mechanized equipment or tool--A piece of equipment or a tool operated by mechanical power, including but not limited to a tractor, trencher, bulldozer, power shovel, auger, backhoe, scraper, drill, cable or pipe plow and/or driver, and other equipment used to plow in or pull in cable or pipe.(13) Notification center--A legal entity established and operated pursuant to Texas Utilities Code, Chapter 251, Subchapter C.(14) Notify, notice, or notification--The completed delivery of information to the person to be notified, and the receipt of that information by that person in accordance with this chapter. The delivery of information includes but is not limited to the use of any electronic or technological means of data transfer.(15) Operator--A person who operates on his or her own behalf, or as an agent designated by the owner, a pipeline containing flammable, toxic, or corrosive gas, a hazardous liquid, or carbon dioxide.(16) Person--Any individual, operator, firm, joint venture, partnership, corporation, association, municipality, or other political subdivision, governmental unit, department or agency, and includes any trustee, receiver, assignee, or personal representative thereof.(17) Positive response--Notification to an excavator by markings left at an excavation site, or by fax, phone, e-mail, pager, or written correspondence that allows an excavator to know prior to the beginning of excavation that underground pipelines have been located and marked or that there are no underground pipelines in the vicinity of the excavation.(18) Soft digging--Any movement of earth using tools or equipment that use air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation.(19) Spot marking--Making a circle around the spot where excavation is to take place, typically used when standard marking techniques would be considered damaging to property or cannot be used because of limited space.(20) Tillage--The manipulation of soil in preparation for planting and the cultivation by loosening or breaking up of soil around growing plants by hand digging or by use of a moldboard, disk, rotary, chisel or subsoil plow, a cultivator, a harrow, or a tiller.(21) Tolerance zone--Half the nominal diameter of the underground pipeline plus a minimum of 18 inches on either side of the outside edge of the underground pipeline on a horizontal plane.(22) TDRF--The Texas Damage Reporting Form, the on-line reporting system of the Railroad Commission for use in reporting damage to underground pipelines or violations of this chapter.(23) Underground pipeline--A pipeline containing flammable, toxic, or corrosive gas, a hazardous liquid, or carbon dioxide that is located partially or totally underground.(24) White-lining--An excavator's designation on the ground of the area to be excavated using white paint, white flags, white stakes, or any combination of these.(25) Working day--Every day that is not a Saturday, a Sunday, or a legal holiday.", "sourceNote": "Source Note: The provisions of this §18.2 adopted to be effective September 1, 2007, 32 TexReg 3545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130484", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.3", "label": "Excavator Notice to Notification Center" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187580", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An excavator shall request the location of underground pipelines at each excavation site by giving notice to the notification center as required by Texas Utilities Code, Chapter 251.(b) An excavator shall include in the notice the method or methods by which the excavator will receive a positive response.(c) When an excavation site cannot be clearly identified and described on a line locate ticket, the excavator shall use white-lining to mark the excavation area prior to giving notice to the notification center and before the locator arrives on the excavation site.(d) If an excavation project is too large to mark using white-lining or is so expansive that a full description cannot be provided on a line locate ticket, then the operator and the excavator shall conduct a face-to-face meeting to discuss the excavation activities and to establish protocols for:(1) the interval between each notice to the notification center;(2) the scope of each line locate ticket;(3) the life of each line locate ticket; and(4) the schedule of work on the excavation and the chronological order in which applicable locate tickets are to be marked.(e) If an excavation project is not completed at the time a line locate ticket expires, the excavator shall refresh the ticket by giving the notice described in subsection (a) of this section. A request to refresh shall be limited to the area yet to be excavated.(f) An excavator and an operator may agree that the life of a line locate ticket is more than 14 days provided that:(1) the agreement is in writing; and(2) the agreement is signed and dated by both the excavator and the operator.(g) Both the excavator and the operator shall retain a copy of any agreement made pursuant to subsection (f) of this section.", "sourceNote": "Source Note: The provisions of this §18.3 adopted to be effective September 1, 2007, 32 TexReg 3545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187580", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.4", "label": "Excavator Obligation to Avoid Damage to Underground Pipelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130493", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An excavator shall comply with the requirements of §18.3 of this title, relating to Excavator Notice to Notification Center. An excavator shall also comply with the requirements of Texas Health & Safety Code, Subchapter H, relating to Construction Affecting Pipeline Easements and Rights-of-Way, and shall plan an excavation in such a manner as to avoid damage to and minimize interference with all underground pipelines in the vicinity of the excavation area and shall take all reasonable steps to protect underground pipelines from damage.(b) An excavator shall wait the time required by Texas Utilities Code, Chapter 251, before beginning excavation.(c) Prior to excavation, an excavator shall confirm that a copy of a valid locate ticket for the location is in the possession of the excavator's designated representative and can be obtained from the representative or can be provided within one hour of a request from the operator or the Commission.(d) Prior to excavation, an excavator shall verify that it is at the correct location as specified on the locate ticket; shall verify white-lining; and, to the best of the excavator's ability, shall make a visual check for any unmarked underground pipelines. Checking for unmarked underground pipelines includes, but is not limited to, looking for additional pipeline line markers, such as painted fence post-type markers, aboveground pipeline valves, meter sets, regulator stations, or rectifier units.(e) An excavator shall not begin excavating until a second notice is given to the notification center for the area if:(1) the excavator has knowledge of the existence of an underground pipeline and has received an \"all clear\" or a \"no conflict\" response from an operator;(2) the excavator observes clear evidence (such as a line marker or an above-ground fixture) of the presence of an unmarked underground pipeline in the area of the proposed excavation, and has received an \"all clear\" or a \"no conflict\" response from an operator;(3) there is no positive response for the excavation area; or(4) the positive response is unclear or obviously erroneous (for example, for a different location or for a different type of underground facility).(f) If an excavator has given a second notice in accordance with this section and there is no positive response within four hours, the excavator may begin excavating.(g) An excavator shall protect and preserve locate markings from the time the excavator begins work until markings are no longer required for the proper and safe excavation in the vicinity of all underground pipelines.(h) Each excavator that damages an underground pipeline shall notify the operator of the damage through the notification center at the earliest practical moment but not later than one hour following the damage incident. An excavator that damages an underground pipeline shall not cover the exposed pipeline without approval of the operator.", "sourceNote": "Source Note: The provisions of this §18.4 adopted to be effective September 1, 2007, 32 TexReg 3545; amended to be effective February 12, 2018, 43 TexReg 756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130493", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.5", "label": "Operator and Excavator Obligations with Respect to Positive Response" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon being contacted by the notification system, an operator shall provide a positive response within the time frames specified in Texas Utilities Code, Chapter 251, by either:(1) marking the operator's underground pipelines in accordance with the requirements of Texas Utilities Code, Chapter 251, and this chapter; or(2) notifying the excavator that the operator has no underground pipelines in the vicinity of the proposed excavation area. The operator shall provide this \"all clear\" or \"no conflict\" notice using the method or methods that the excavator specified in accordance with §18.3 of this title, relating to Excavator Notice to Notification Center.(b) Both the excavator and the operator shall make a record of the positive response regarding each line locate ticket received.(c) An excavator that gives a second notice to the notification center pursuant to §18.4(e) of this title, relating to Excavator Obligation to Avoid Damage to Underground Pipelines, because an operator failed to provide a positive response to an excavator shall report that fact to the Commission through TDRF as set forth in §18.11 of this title, relating to Reporting Requirements. An excavator shall also report an operator's failure to provide a positive response to a second call to the Commission through TDRF as specified in §18.11.(d) An operator that receives a notice of damage to its underground pipeline through a notification center pursuant to §18.11(b) of this title, relating to reporting requirements, shall respond within four hours.", "sourceNote": "Source Note: The provisions of this §18.5 adopted to be effective September 1, 2007, 32 TexReg 3545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130486", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.6", "label": "General Marking Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130487", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At a minimum, all markings shall conform to the requirements of American Public Works Association (APWA) Uniform Color Code (ANSI Standard Z535.1, Safety Color Code).(b) Markings shall be valid for an excavation site for 14 days from the time a positive response is given, unless the markings were placed in response to an emergency and the emergency condition has ceased to exist. If a line locate ticket has been refreshed pursuant to §18.3(e) of this title, relating to Excavator Notice to Notification Center, then the operator shall either ensure that markings are still visible and valid or shall re-mark.(c) If the use of line marking may permanently damage property (driveways, landscaping, historic locations to the extent boundaries are known), a locator shall use spot marking or another suitable marking method or methods.", "sourceNote": "Source Note: The provisions of this §18.6 adopted to be effective September 1, 2007, 32 TexReg 3545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130487", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.7", "label": "Excavator Marking Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130488", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to giving notice pursuant to §18.3 of this title, relating to Excavator Notice to Notification Center, an excavator shall mark, if applicable according to §18.3(c), the specific excavation area using white paint flags, or stakes, whichever is most visible for the terrain.(b) An excavator shall mark the area of excavation using intervals that show the direction of the excavation.", "sourceNote": "Source Note: The provisions of this §18.7 adopted to be effective September 1, 2007, 32 TexReg 3545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130488", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.8", "label": "Operator Marking Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130489", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A locator shall use all information necessary to mark underground pipelines accurately.(b) Locators shall mark the approximate center line of an underground pipeline.(c) If, in the process of marking an underground pipeline, a locator discovers a customer-owned underground pipeline, the locator shall make a reasonable effort to advise the excavator of the presence of the customer-owned underground pipeline.(d) Where a proposed excavation crosses an underground pipeline, markings shall be at intervals that clearly define the route of the underground pipeline, to the extent possible.(e) A locator shall mark underground pipelines by means of stakes, paint, flags, or a combination of two or more of these. The terrain, site conditions, and type and extent of the proposed excavation shall be considered in determining the most suitable means for marking underground pipelines.(f) A locator shall mark at sufficient intervals to indicate clearly the approximate horizontal location and direction of the underground pipeline or pipelines. The distance between any two marks indicating the same line shall not exceed 20 feet; however, a shorter distance between marks may be necessary because of site conditions or directional changes of the underground pipeline.(g) Markings of an underground pipeline greater than six inches in nominal outside dimension shall include the size in inches at every other mark.(h) A locator shall extend all markings, if practical, at least one additional mark beyond the boundaries of the specific location of the proposed work as detailed on the line locate ticket.(i) A locator shall make paint marks approximately eight to ten inches in length and one to two inches in width except when spot marking is necessary. A locator shall make a minimum of three separate marks for each underground pipeline marking.", "sourceNote": "Source Note: The provisions of this §18.8 adopted to be effective September 1, 2007, 32 TexReg 3545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130489", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.9", "label": "Options for Managing an Excavation Site in the Vicinity of an Underground Pipeline" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130490", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After complying with the notice requirements of §18.3 of this title, relating to Excavator Notice to Notification Center, an excavator and an operator may jointly establish the protocols applicable to an excavation site in the vicinity of underground pipelines based on the particular characteristics of each job. The protocols applicable to an excavation site may:(1) designate the contact person or persons for each entity working at an excavation site;(2) establish the required mode or modes of communication among all entities working at an excavation site, e.g., telephone or other electronic means or face-to-face meetings at prescribed times or intervals;(3) provide the method for coordinating work activities among all entities working at an excavation site;(4) provide for the ownership and/or possession of the locate ticket or tickets;(5) declare which entity or entities must have the locate ticket or locate ticket number before beginning work;(6) state the life of a locate ticket and the circumstances that require refreshing the locate ticket;(7) state the schedule of work on the excavation and, if applicable, the chronological order in which applicable locate tickets are to be located;(8) designate the extent of the tolerance zone, provided that it shall not be less than half the nominal diameter of the underground pipeline plus a minimum of 18 inches on either side of the outside edge of the underground pipeline on a horizontal plane and the type of excavation permitted within the tolerance zone; and(9) provide for any other agreement with respect to excavation activities and/or marking requirements that will or will tend to ensure the proper and safe excavation in the vicinity of an underground pipeline.(b) If an excavator and an operator jointly establish protocols pursuant to this section, both the excavator and the operator shall make and retain a record of the agreement.", "sourceNote": "Source Note: The provisions of this §18.9 adopted to be effective September 1, 2007, 32 TexReg 3545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130490", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.10", "label": "Excavation within Tolerance Zone" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187581", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An excavator shall comply with the requirements of Texas Health & Safety Code, Subchapter H, relating to Construction Affecting Pipeline Easements and Rights-of-Way.(b) When excavation is to take place within the specified tolerance zone, an excavator shall exercise such reasonable care as may be necessary to prevent damage to any underground pipeline in or near the excavation area. Methods to consider, based on certain climate or geographical conditions, include hand digging when practical, soft digging, vacuum excavation methods, pneumatic hand tools. Other mechanical methods or other technical methods that may be developed may be used with the approval of the underground pipeline operator. Hand digging and non-invasive methods are not required for pavement removal.", "sourceNote": "Source Note: The provisions of this §18.10 adopted to be effective September 1, 2007, 32 TexReg 3545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187581", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.11", "label": "Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158395", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each operator of an underground pipeline shall report to the Commission all damage to its pipelines caused by an excavator. Within 30 days of the damage incident or of the operator's actual knowledge of the damage incident, an operator shall submit the information to the Commission through TDRF, which may be accessed through the Commission's online reporting system using its assigned operator identification code.(b) Each excavator that damages an underground pipeline shall notify the operator of the damage through the notification center at the earliest practical moment but not later than one hour following the damage incident. The excavator shall also submit report of the damage incident to the Commission using TDRF, which may be accessed through the Commission's online reporting system and the excavator sign-in, within 30 days of the incident.(c) If damage to a pipeline from excavation activity causes the release of any flammable, toxic, or corrosive gas, hazardous liquid, or carbon dioxide from the pipeline, the excavator shall promptly report the release to appropriate emergency response authorities by calling 911.(d) Each excavator that makes an additional call to the notification center pursuant to §18.4(e) of this title, relating to Excavator Obligation to Avoid Damage to Underground Pipelines, because the excavator did not receive a positive response, shall report that fact to the Commission through TDRF. An excavator shall also report an operator's failure to provide a positive response to a second call to the Commission through TDRF.(e) An emergency response official, a member of the general public, or another person aware of damage to an underground pipeline is encouraged to submit an incident form using TDRF, which can be accessed through the Commission's online reporting system. Entries can be made through the general public or emergency response official sign-in.", "sourceNote": "Source Note: The provisions of this §18.11 adopted to be effective September 1, 2007, 32 TexReg 3545; amended to be effective April 25, 2017, 42 TexReg 2168; amended to be effective February 12, 2018, 43 TexReg 756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158395", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "18", "label": "UNDERGROUND PIPELINE DAMAGE PREVENTION" }, "rule": { "number": "§18.12", "label": "Penalty Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107397", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging operators, excavators, and other persons to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective component of the enforcement process. Deterrence of violations through penalty assessments is also a necessary and effective component of the enforcement process. A rule-based enforcement penalty guideline to evaluate and rank underground pipeline damage prevention-related violations is consistent with the central goal of the Commission's enforcement efforts to promote compliance. Penalty guidelines set forth in this section will provide a framework for more uniform and equitable assessment of penalties throughout the state, while also enhancing the integrity of the Commission's enforcement program. (b) Only guidelines. The penalty amounts shown in the tables in this section are provided solely as guidelines to be considered by the Commission in determining the amount of administrative penalties for violations of the requirements of Texas Health and Safety Code, §756.126; Texas Natural Resources Code, §117.012; Texas Utilities Code, §121.201; or the provisions of a rule or standard adopted or an order issued under any of these statutes, as they pertain to underground pipeline damage prevention. (c) Commission authority. The establishment of these penalty guidelines shall in no way limit the Commission's authority and discretion to cite violations and assess administrative penalties. The typical penalties listed in this section are for the most common violations cited; however, this is neither an exclusive nor an exhaustive list of violations that the Commission may cite. The Commission retains full authority and discretion to cite violations of Texas Health and Safety Code, §756.126; Texas Natural Resources Code, §117.012; and Texas Utilities Code, §121.201, and the provisions of a rule or standard adopted or an order issued under those statutes and to assess administrative penalties in any amount up to the statutory maximum when warranted by the facts in any case, regardless of inclusion in or omission from this section. (d) Factors considered. The amount of any penalty requested, recommended, or finally assessed in an enforcement action will be determined on an individual case-by-case basis for each violation, taking into consideration the following factors: (1) the person's history of previous violations or formal warnings, including the number of previous violations or formal warnings; (2) the seriousness of the violation and of any pollution resulting from the violation; (3) any hazard to the health or safety of the public; (4) the degree of culpability; (5) the demonstrated good faith of the person charged; and (6) any other factor the Commission considers relevant, including but not limited to the number of locate requests received and responded to by an operator and the number of location notifications given by an excavator in the previous year. (e) Typical penalties. Regardless of the method by which the typical penalty amount is calculated, the total penalty amount will be within the statutory limit. Typical penalties for violations of Texas Health and Safety Code, §756.126; Texas Natural Resources Code, §117.012, and Texas Utilities Code, §121.201, relating to excavation in the vicinity of an underground pipeline and for violations of a rule or standard adopted or an order issued under those statutes relating to excavation in the vicinity of an underground pipeline are set forth in Table 1. Attached Graphic(f) Penalty enhancements for certain violations. For violations that involve threatened or actual pollution; result in threatened or actual safety hazards; or result from the reckless or intentional conduct of the person charged, the Commission may assess an enhancement of the typical penalty. The enhancement may be in any amount in the range shown for each type of violation as shown in Table 2. Attached Graphic(g) Penalty enhancements for certain violators. For violations in which the person charged has a history of prior violations or warnings within seven years of the current enforcement action, the Commission may assess an enhancement based on either the number of prior violations or the total amount of previous administrative penalties, but not both. The actual amount of any penalty enhancement will be determined on an individual case-by-case basis for each violation. The guidelines in Tables 3 and 4 are intended to be used separately. Either guideline may be used where applicable, but not both. Attached GraphicAttached Graphic(h) Penalty reduction for settlement before hearing. The recommended monetary penalty for a violation may be reduced by up to 50% if the person charged agrees to a settlement before the Commission conducts an administrative hearing to prosecute a violation. Once the hearing is convened, the opportunity for the person charged to reduce the basic monetary penalty is no longer available. The reduction applies to the basic monetary penalty amount requested and not to any requested enhancements. (i) Demonstrated good faith. In determining the total amount of any monetary penalty requested, recommended, or finally assessed in an enforcement action, the Commission may consider, on an individual case-by-case basis for each violation, the demonstrated good faith of the person charged. Demonstrated good faith includes but is not limited to actions taken by the person charged before the filing of an enforcement action to remedy, in whole or in part, a violation of the rules in this chapter or to mitigate the consequences of a violation of the rules in this chapter. (j) Other sanctions. Depending upon the nature of and the consequences resulting from a violation of this chapter, the Commission may impose a non-monetary penalty, such as requiring attendance at a safety training course, or may issue a warning. (k) Penalty calculation worksheet. The penalty calculation worksheet shown in Table 5 lists the typical penalty amounts for certain violations; the circumstances justifying enhancements of a penalty and the amount of the enhancement; and the circumstances justifying a reduction in a penalty and the amount of the reduction. Attached Graphic", "sourceNote": "Source Note: The provisions of this §18.12 adopted to be effective September 1, 2007, 32 TexReg 3545; amended to be effective August 27, 2012, 37 TexReg 6578." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107397", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.1", "label": "Procedures for Filing and Resolving Protests of a Contract Solicitation or Award" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "118281", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Appeal determination letter--The DFA's written decision on an appeal of a director's protest determination.(2) Appeal file--The protest file, the appellant's written appeal, any comments filed by other interested parties, any information or recommendation prepared by the General Counsel, and the DFA's appeal determination letter.(3) Appellant--A protestant or interested party who is aggrieved by a director's protest determination.(4) Certified mail--A mailing made using United States Postal Service certified mail service, including return receipt requested.(5) Commission--The Railroad Commission of Texas.(6) Day--A day that is not a Saturday, Sunday, or Commission holiday.(7) DFA--The Director of Finance and Administration or the DFA's delegate.(8) Director--The Director of Finance or the director's delegate.(9) General Counsel--The General Counsel of the Commission or the General Counsel's delegate.(10) Interested party--A vendor, other than the protestant, who has submitted a bid or proposal for the contract that is the subject of a protest and who submits information, comments, or otherwise participates in a protest inquiry.(11) Other vendor--A vendor, other than the protestant, who has submitted a bid or proposal for the contract that is the subject of a protest.(12) Protest determination letter--The director's written decision on a protest.(13) Protest file--All documents pertaining to a protest including the protestant's written protest; the director's notice to other vendors; vendors' comments filed with the director; notes, memoranda, and information compiled by the director in connection with a protest; and the director's protest determination letter.(14) Protestant--Any actual or prospective bidder, offeror, or contractor aggrieved in connection with the Commission's solicitation, evaluation, or award of a contract.(b) General provisions.(1) Protests.(A) Any protestant may file a protest with the director. A protestant shall conform the protest to the requirements of subsections (c) and (d) of this section.(B) Except as provided in subparagraph (D) of this paragraph, the director shall have authority, prior to the filing of an appeal under subsection (f) of this section, to resolve a protest filed under this section.(C) In the event that the director receives a timely, proper protest as defined in subsection (c) of this section, the director shall not proceed further with the solicitation or with the award of the contract in question unless the director makes a written determination that the award of the contract, without delay, is necessary to protect substantial interests of the state.(D) Any protest determination that a contract should be declared void or rescinded and that is not appealed shall be forwarded to the DFA as if it were an appeal filed pursuant to subsection (f) of this section.(E) A protest determination that does not declare a contract void or rescinded and that is not timely appealed shall be the final administrative action of the Commission.(2) Appeals.(A) Any appellant may file an appeal with the DFA. An appellant shall conform the appeal to the requirements of subsections (c) and (f) of this section.(B) Except as provided in subparagraph (C) of this paragraph, the DFA shall have authority, prior to the filing of an appeal to the Commission under subsection (h) of this section, to resolve an appeal filed under this section.(C) Any appeal determination that a contract should be declared void or rescinded and that is not appealed shall be forwarded to the Commission for final action pursuant to subsection (h) of this section.(D) An appeal determination that does not result in a contract being declared void or rescinded and that is not timely appealed shall be the final administrative action of the Commission.(3) Appeals to the Commission. Any appellant or interested party to an appeal may file an appeal to the Commission. An appellant or interested party appealing to the Commission shall conform the appeal to the requirements of subsections (c) and (h) of this section.(c) Ground for filing protest, appeal, or appeal to the Commission; basis for non-consideration; dismissal.(1) The absence of an award of a contract to a protestant, an appellant, or a person who appeals to the Commission shall not be a proper ground for protest or appeal, unless that protestant, appellant, or person makes a specific factual allegation that the failure to award a contract to that protestant, appellant, or person was the result of a violation of statutes or rules.(2) Unless a protestant, appellant, or person who appeals to the Commission demonstrates good cause for delay, or the director, the DFA, or the Commission determines that a protest or appeal raises issues significant to procurement practices or procedures, the director, the DFA, and the Commission shall not consider a protest, an appeal, or an appeal to the Commission that is not timely filed pursuant to subsections (d), (f), or (h) of this section.(3) The director, the DFA, or the Commission may dismiss a protest or an appeal that fails to state a proper ground; that is untimely; or that is incomplete when filed.(d) Contents of protest; deadline for filing protest.(1) A protestant shall file a protest in writing with the director no later than the tenth day after the protestant knows or should have known of the occurrence of the action that is protested.(2) A protest shall be sworn and notarized and shall contain:(A) the name and address of the protestant;(B) identification of the procurement to which the protest is directed;(C) a specific citation to or identification of every statute or rule that the protestant alleges has been violated;(D) a precise statement of the relevant facts;(E) identification of the issue or issues to be resolved; and(F) argument and authorities, if any, in support of the protest.(e) Director's obligation in protest inquiry.(1) No later than the tenth day following receipt of a timely, complete protest that sets forth proper grounds for relief, the director shall notify by certified mail all other vendors for the procurement that is the subject of the protest. The notice shall consist of a copy of the written protest, an invitation to the other vendors to submit comments and/or a request to participate in the protest inquiry, and a deadline by which the other vendors must respond to the director. The deadline shall be not less than ten days from the date the other vendors receives the director's notice.(2) In reviewing the protest, the director shall consider all comments that may be filed by other vendors. The director may request additional information from the protestant, the other vendors, or another source, and may consider this information in reviewing the protest.(3) If a protest is not withdrawn by the protestant, the director shall issue a written determination on the protest by letter. The director shall provide a copy of the protest determination letter to the protestant and the interested parties by certified mail. The director's protest determination letter shall include the following information, as appropriate:(A) If the director determines that no violation of rules or statutes has occurred, regardless of whether a contract has been awarded, the director shall so state and shall set forth the reasons for the determination. If no contract has been awarded, the director may proceed with the award of a contract.(B) If the director determines that a violation of the rules or statutes has occurred in a case in which no contract has been awarded, the director shall so state and shall set forth the reasons for the determination and the appropriate remedial action. At the director's discretion, the director may proceed with the award of a contract.(C) If the director determines that a violation of the rules or statutes has occurred in a case in which a contract has been awarded, the director shall so state and shall set forth the reasons for the determination and the appropriate remedial action, which may include declaring the contract void or rescinded.(4) Any protest determination that declares a contract void or rescinded that is not appealed by an appellant shall be forwarded to the DFA to be reviewed pursuant to the procedure in subsection (g) of this section.(f) Procedure on appeal.(1) An appellant may appeal the director's protest determination to the DFA by filing a written notice of appeal with the DFA no later than the tenth day after the date the protestant or interested party receives the director's protest determination letter.(2) An appeal shall be sworn and notarized and shall contain:(A) the name and address of the appellant;(B) identification of the procurement to which the protest was directed;(C) identification of the director's protest determination letter to which the appeal is directed;(D) a statement of every point of the director's protest determination letter which the appellant claims is incorrect; and(E) argument and authorities, if any, in support of the appeal.(g) DFA's obligation on appeal.(1) No later than the tenth day following receipt of a timely, complete appeal, the DFA shall notify by certified mail all other interested parties in the protest inquiry and determination that is the subject of the appeal. The notice shall consist of a copy of the written appeal, an invitation to the other interested parties to submit comments and/or a request to participate in the appeal, and a deadline by which the interested party must respond to the DFA. In the event the DFA receives a protest determination forwarded under subsection (e)(4) of this section, the notice shall inform the protestant and all other interested parties in the protest inquiry that the director's protest determination has been forwarded to the DFA for review and shall include a deadline by which to respond to the DFA. The deadline shall be not less than ten days from the date the protestant or interested party receives the DFA's notice.(2) Following the deadline for receipt of comments or requests to participate in the appeal, the DFA may forward to the General Counsel the protest file, the appeal, and any comments by interested parties, and request the General Counsel's review and written recommendation on the appeal.(3) If an appeal is not withdrawn by the appellant, the DFA shall review the protest file, the appeal, any comments by interested parties, and any information or recommendation prepared by the General Counsel and shall issue a written determination on the appeal by letter. The DFA shall provide a copy of the appeal determination letter to the appellant and the appeal parties by certified mail. The DFA's appeal determination letter shall include the following information, as appropriate:(A) If the DFA determines that the director's determination was substantially correct, the DFA shall so state and shall set forth the reasons for the determination.(B) If the DFA determines that the director's determination was substantially incorrect, the DFA shall so state and shall set forth the reasons for the determination and the appropriate remedial action.(C) Any appeal determination that results in a contract being declared void or rescinded and that is not appealed shall be forwarded to the Commission to be reviewed pursuant to the procedure in subsection (h) of this section.(h) Procedure on appeal to the Commission. When a DFA's appeal determination is appealed to the Commission or when the DFA forwards an appeal determination to the Commission pursuant to subsection (g)(3)(C) of this section, the following requirements shall apply.(1) A party to an appeal who is aggrieved by the DFA's appeal determination may appeal the determination to the Commission by filing a written notice of appeal with the General Counsel no later than the tenth day after the date the appellant or interested party receives the DFA's appeal determination letter.(2) An appeal to the Commission shall be sworn and notarized and shall contain:(A) the name and address of the person filing the appeal to the Commission;(B) identification of the procurement to which the protest and appeal were directed;(C) identification of the DFA's appeal determination letter to which the appeal to the Commission is directed;(D) a statement of every point of the DFA's appeal determination letter which the person claims is incorrect; and(E) argument and authorities, if any, in support of the appeal to the Commission.(3) No later than the tenth day after receiving an appeal to the Commission or an appeal determination under subsection (g)(3)(C) of this section, the General Counsel shall schedule the appeal for consideration at an open meeting of the Commission. The General Counsel shall also notify, by certified mail, all parties to the appeal of the date on which the Commission will consider the appeal and shall the deadline by which parties shall file any additional comments or request to be heard in oral argument before the Commission at the scheduled open meeting. The deadline for party submissions shall be not less than ten days prior to the open meeting at which the matter is scheduled to be considered.(4) The General Counsel shall provide to the Commission copies of the protest file, the appeal file, the appeal to the Commission, the General Counsel's notice, and the responses of the parties, if any.(5) The Commission may consider all written materials and any oral arguments made in open meeting.(6) The Commission's determination of the appeal or of a determination forwarded under subsection (g)(3)(C) of this section shall be by written order.(i) In the event the director receives a protest, all documents collected by the Commission as part of a solicitation, evaluation, and/or award of a contract shall be retained by the Commission for a period of four years from the date of the initial procurement action. In addition, the Commission shall also retain the protest file, the appeal file, and any documents or Commission orders pertaining to a determination made by the Commission.", "sourceNote": "Source Note: The provisions of this §20.1 adopted to be effective January 9, 2002, 27 TexReg 153." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "118281", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.5", "label": "Historically Underutilized Businesses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107399", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission adopts by reference the rules of the Texas Building and Procurement Commission in 1 TAC Chapter 111, Subchapter B, concerning historically underutilized business program, as effective on the following dates:(1) §111.11, Policy and Purpose, amended effective May 5, 2003;(2) §111.12, Definitions, amended effective May 5, 2003;(3) §111.13, Annual Procurement Utilization Goals, amended effective April 19, 2000;(4) §111.14, Subcontracts, adopted effective September 1, 2004;(5) §111.15, Agency Planning Responsibilities, amended effective February 16, 2000;(6) §111.16, State Agency Reporting Requirements, amended effective June 13, 2000;(7) §111.17, Certification Process, amended effective May 5, 2003;(8) §111.18, Protests, adopted effective October 4, 1995;(9) §111.19, Recertification, amended effective May 5, 2003;(10) §111.20, Revocation, amended effective May 5, 2003;(11) §111.21, Certification and Compliance Reviews, amended effective December 7, 1997;(12) §111.22, Texas Historically Underutilized Business Certification Directory, amended effective February 16, 2000;(13) §111.24, Program Review, amended effective February 16, 2000;(14) §111.25, Memorandum of Understanding between the Texas Department of Economic Development and the Texas Building and Procurement Commission, adopted effective May 5, 2003;(15) §111.26, HUB Coordinator Responsibilities, adopted effective April 19, 2000;(16) §111.27, HUB Forum Program for State Agencies, amended effective November 9, 2004; and(17) §111.28, Mentor Protege Program, amended effective May 8, 2002.(b) Copies of the rule are filed in the Railroad Commission's Administration Division, located at the Commission's offices at 1701 North Congress, 9th floor, Austin, Texas 78701, and at all Commission district offices.", "sourceNote": "Source Note: The provisions of this §20.5 adopted to be effective October 8, 1996, 21 TexReg 9233; amended to be effective June 25, 2001, 26 TexReg 4705; amended to be effective July 29, 2002, 27 TexReg 6700; amended to be effective January 11, 2004, 29 TexReg 362; amended to be effective December 13, 2004, 29 TexReg 11465." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107399", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.10", "label": "Bid Opening and Tabulation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107407", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission adopts by reference the practices of the Texas Building and Procurement Commission (formerly the General Services Commission) found in 1 Texas Administrative Code §113.5(b), relating to Bid Submission, Bid Opening and Tabulation, as that section was adopted effective September 11, 2000, and published at 25 TexReg 8848.(b) Texas Government Code, §2156.005(d), requires the Commission to adopt the rules of the Texas Building and Procurement Commission related to bid opening and tabulation.(c) Copies of the rule (1 Texas Administrative Code §113.5, relating to Bid Submission, Bid Opening and Tabulation, as that section was adopted effective September 11, 2000, and published at 25 TexReg 8848) are on file and available for public inspection and copying in the Library of the Railroad Commission of Texas, located on the 12th floor of the William B. Travis Building at 1701 N. Congress, Austin, Texas 78701, and at all Commission' district offices.", "sourceNote": "Source Note: The provisions of this §20.10 adopted to be effective January 9, 2002, 27 TexReg 153." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107407", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.21", "label": "Informal Procedures Encouraged" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107408", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties to a contract are encouraged to resolve any disagreement concerning the contract in the ordinary course of contract administration using informal procedures.", "sourceNote": "Source Note: The provisions of this §20.21 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107408", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.23", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107409", "queryAsDate": "03/11/2026" }, "ruleBody": "The rules in this division do not apply to:(1) an action of the Commission for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute;(2) contracts between the Commission and the federal government or its agencies, another state or another nation;(3) contracts between the Commission and a local governmental body, or a political subdivision of another state;(4) contracts between a subcontractor and a contractor, when neither the contractor or the subcontractor is the Commission;(5) contracts within the exclusive jurisdiction of state or local regulatory bodies other than the Commission; or(6) contracts within the exclusive jurisdiction of federal courts or regulatory bodies.", "sourceNote": "Source Note: The provisions of this §20.23 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107409", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.25", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107410", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this division, shall have the following meanings, unless the context clearly indicates otherwise:(1) Commission--The Railroad Commission of Texas.(2) Contractor--An independent contractor who has entered into a contract directly with the Commission. The term does not include:(A) a contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to the contractor;(B) an employee of a unit of state government; or(C) a student at an institution of higher education.(3) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day which is not one of these days shall be counted as the required day for the purpose of this division.(4) Director--The Executive Director of the Commission.(5) Division--Division 2 of Title 16, Part 1, Chapter 20, Subchapter A, of the Texas Administrative Code.(6) Mediation--Mediation is assigned the meaning set forth in Texas Civil Practice and Remedies Code, §154.023(a), or any successor statute.(7) Parties--A contractor and the Commission after entering into a contract in connection with which a claim of breach of contract has been filed under this division.(8) SOAH--The State Office of Administrative Hearings.", "sourceNote": "Source Note: The provisions of this §20.25 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107410", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.27", "label": "Prerequisites to Suit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107411", "queryAsDate": "03/11/2026" }, "ruleBody": "The procedures contained in the rules in this division are exclusive and required prerequisites to suit under Texas Civil Practice and Remedies Code, Chapter 107, and Texas Government Code, Chapter 2260.", "sourceNote": "Source Note: The provisions of this §20.27 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107411", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.29", "label": "Sovereign Immunity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107412", "queryAsDate": "03/11/2026" }, "ruleBody": "The rules in this division do not waive the Commission's sovereign immunity to suit or liability.", "sourceNote": "Source Note: The provisions of this §20.29 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107412", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.31", "label": "Notice of Claim of Breach of Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107413", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contractor may not assert a claim of breach of contract by the Commission under Texas Government Code, Chapter 2260, unless the contractor complies with each of the following requirements:(1) the contractor shall deliver a written notice of the claim to the Director by hand, certified mail return receipt requested, or other verifiable delivery service;(2) the contractor or the contractor's authorized representative shall sign the notice.(3) The written notice shall state in detail:(A) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed; and(4) The contractor shall deliver the notice of claim no later than 180 days after the date of the event that the contractor asserts as the basis of the claim.(b) In addition to the mandatory contents of the notice of claim as required by this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the Commission's evaluation of the contractor's claim.", "sourceNote": "Source Note: The provisions of this §20.31 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107413", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.33", "label": "Commission Counterclaim" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Commission asserts a counterclaim under Texas Government Code, Chapter 2260, it shall deliver a written notice of the claim to the contractor, or representative of the contractor who signed the notice of claim of breach of contract, by hand, certified mail return receipt requested, or other verifiable delivery service.(b) The notice of counterclaim shall state in detail:(1) the nature of the counterclaim;(2) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(3) the legal theory supporting the counterclaim.(c) In addition to the mandatory contents of the notice of counterclaim required by subsection (b) of this section, the Commission may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the Commission's counterclaim.(d) The Commission shall deliver the notice of counterclaim to the contractor no later than 90 days after the Commission's receipt of the contractor's notice of claim.(e) Nothing in the rules in this division precludes the Commission from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.", "sourceNote": "Source Note: The provisions of this §20.33 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107414", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.35", "label": "Request for Voluntary Disclosure of Additional Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon the filing of a claim or counterclaim, either party may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including, without limitation:(1) accounting records;(2) correspondence, including, without limitation, correspondence between the Commission and outside consultants it utilized in administering the contract, and correspondence between the contractor and its subcontractors, materialmen, and vendors;(3) schedules;(4) internal memoranda;(5) documents created by the contractor in preparing its offer to the Commission and documents created by the Commission in analyzing the offers it received in response to a solicitation.(b) Subsection (a) of this section applies to all information in the parties' possession regardless of the manner in which it is recorded, including, without limitation, paper and electronic media.(c) The contractor and the Commission may seek additional information directly from third parties, including, without limitation, the contractor's subcontractors.(d) This section does not require a party, or a third party, to disclose requested information that is privileged under Texas law.(e) If the contractor, or a third party, claims that any material submitted to the Commission pursuant to this section is confidential, the Commission shall treat such material pursuant to the requirements of Texas Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §20.35 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.37", "label": "Duty to Negotiate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107416", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties shall negotiate in accordance with the timetable set forth in §20.39 of this division (relating to Timetable) to attempt to resolve all claims and counterclaims. No party shall be obligated to settle with another party as a result of the negotiation.", "sourceNote": "Source Note: The provisions of this §20.37 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107416", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.39", "label": "Timetable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107417", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Following receipt of a contractor's notice of claim, the Director or, if designated in the contract, another officer or employee of the Commission, shall review the contractor's claim and the Commission's counterclaim, if any, and initiate negotiations with the contractor to attempt to resolve the claim and counterclaim.(b) Except as noted in subsection (c) of this section, the parties shall begin negotiations within a reasonable period of time, not to exceed 60 days following the later of:(1) the date of termination of the contract;(2) the completion date in the contract; or(3) the date the Commission receives the contractor's notice of claim.(c) The Commission may delay negotiations until after the 180th day after the date of the event giving rise to the claim of breach of contract by:(1) delivering written notice to the contractor that the commencement of negotiations will be delayed; and(2) delivering written notice to the contractor when the Commission is ready to begin negotiations.(d) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadlines set forth in subsection (b) or (c) of this section, whichever is applicable.(e) Except as noted in subsection (f) of this section, the parties shall complete the negotiations that are required by the rules in this division as a prerequisite to a contractor's request for a contested case hearing no later than 270 days after the Commission receives the contractor's notice of claim.(f) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the Commission receives the contractor's notice of claim. The agreement shall provide for the extension of the statutory negotiation period until a date certain. The Director, or his designee, shall sign the agreement on behalf of the Commission. The contractor, or a representative of the contractor with authority to bind the contractor, shall also sign the agreement. The parties may enter into a series of written extension agreements that comply with the requirements of this section.(g) The contractor may request a contested case hearing before SOAH pursuant to §20.49 of this division (relating to Request for Contested Case Hearing) after the 270th day after the Commission receives the contractor's notice of claim, and the expiration of any extensions agreed to under subsection (f) of this section.(h) The parties may agree to mediate the dispute at any time before the 270th day after the Commission receives the contractor's notice of claim or before the expiration of any extensions agreed to by the parties pursuant to subsection (f) of this section.(i) Nothing in this section is intended to prevent the parties from agreeing to commence negotiations earlier than the deadlines established in subsections (b) and (c) of this section, or from continuing or resuming negotiations after the contractor requests a contested case hearing before SOAH.", "sourceNote": "Source Note: The provisions of this §20.39 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107417", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.41", "label": "Conduct of Negotiation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107418", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The parties may conduct a negotiation under the rules of this division by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference, or by any other method that permits the parties to identify their respective positions, discuss their respective differences, confer with their respective advisers, exchange offers of settlement, and settle.(b) The parties may conduct negotiations with the assistance of one or more neutral third parties. If the parties choose to mediate their dispute, the mediation shall be conducted in accordance with the rules in this division. Parties may choose an assisted negotiation process other than mediation, including without limitation, processes described in this division.(c) To facilitate the meaningful evaluation and negotiation of the claim and any counterclaim, the parties may exchange relevant documents that support their respective claims, defenses, counterclaims, or positions.(d) Material submitted pursuant to this section and claimed to be confidential by the contractor shall be handled pursuant to the requirements of Texas Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §20.41 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107418", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.43", "label": "Settlement Approval Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107419", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties shall disclose their settlement approval procedures prior to, or at the beginning of, negotiations. The parties should select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §20.43 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107419", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.45", "label": "Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107420", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.(b) To be enforceable, a settlement agreement shall be in writing and signed by representatives of the contractor and the Commission who have authority to bind each respective party.(c) A partial settlement shall not waive either party's rights under Texas Government Code, Chapter 2260, as to the parts of the claims or counterclaims that are not resolved.", "sourceNote": "Source Note: The provisions of this §20.45 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107420", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.47", "label": "Costs of Negotiation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107421", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of consultant's fees and expert's fees.", "sourceNote": "Source Note: The provisions of this §20.47 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107421", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.49", "label": "Request for Contested Case Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107422", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the parties do not resolve a claim for breach of contract in its entirety through negotiation, mediation, or other assisted negotiation process in accordance with the rules in this division on or before the 270th day after the Commission receives the notice of claim, and after the expiration of any extension agreed to by the parties pursuant to §20.39(f) of this division (relating to Timetable), the contractor may file a request with the Commission for a contested case hearing before SOAH.(b) A request for a contested case hearing shall be in writing and shall state the legal and factual basis for the claim, and shall be delivered to the Director within 30 days after the 270th day or the expiration of any written extension agreed to pursuant to §20.39(f) of this division.(c) The Commission shall forward the contractor's request for contested case hearing to SOAH within a reasonable period of time, not to exceed 30 days, after receipt of the request.(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by the Commission if they have achieved a partial resolution of the claim or if they have reached an impasse in the negotiations and proceeding to a contested case hearing would serve the interests of justice.", "sourceNote": "Source Note: The provisions of this §20.49 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107422", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.51", "label": "Mediation Timetable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107423", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The contractor and Commission may agree to mediate the dispute at any time before the 270th day after the Commission receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing.(b) A contractor and the Commission may mediate the dispute even after the case has been referred to SOAH for a contested case. SOAH may also refer a contested case for mediation pursuant to its own rules and guidelines, whether or not the parties have previously attempted mediation.", "sourceNote": "Source Note: The provisions of this §20.51 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107423", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.53", "label": "Conduct of Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107424", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A mediator shall not impose his or her own judgment on the issues for that of the parties. The mediator shall be acceptable to both parties.(b) The mediation is subject to the provisions of Texas Government Code, Chapter 2009, the Governmental Dispute Resolution Act.(c) To facilitate a meaningful opportunity for settlement, the parties should select representatives who are knowledgeable about the dispute, who are in a position to reach agreement, or who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §20.53 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107424", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.55", "label": "Agreement to Mediate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107425", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Parties may agree to use mediation as an option to resolve a breach of contract claim at the time they enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both parties agree.(b) The parties should consider the following factors in any agreement to mediate:(1) The source of the mediator. Potential sources of mediators include governmental officers or employees who are qualified as mediators under Texas Civil Practice and Remedies Code, §154.052; private mediators; SOAH; the Center for Public Policy Dispute Resolution at The University of Texas School of Law; an alternative dispute resolution system created under Texas Civil Practice and Remedies Code, Chapter 152; or another state or federal agency or through a pooling agreement with several state agencies. Before naming a mediator source in a contract, the parties shall contact the mediator source to be sure that it is willing to serve in that capacity. In selecting a mediator, the parties shall use the qualifications set forth in §20.57 of this title (relating to Qualifications and Immunity of the Mediator).(2) The time period for the mediation. The parties shall allow enough time in which to make arrangements with the mediator and parties to schedule the mediation, to attend and participate in the mediation, and to complete any settlement approval procedures necessary to achieve final settlement.(3) The location of the mediation.(4) Allocation of costs of the mediator.(5) The names of representatives who will attend the mediation on behalf of the parties by name or position within the Commission or contracting entity.(6) The settlement approval process in the event the parties reach agreement at the mediation.", "sourceNote": "Source Note: The provisions of this §20.55 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107425", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.57", "label": "Qualifications and Immunity of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107426", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The mediator shall possess the qualifications required under Texas Civil Practice and Remedies Code, §154.052, be subject to the standards and duties prescribed by Texas Civil Practice and Remedies Code, §154.053, and have the qualified immunity prescribed by Texas Civil Practice and Remedies Code, §154.055, if applicable.(b) The parties shall decide whether, and to what extent, knowledge of the subject matter and experience in mediation would be advisable for the mediator.(c) Prior to the commencement of the mediation, the mediator shall provide each party a written statement of the ethical standards that will govern the mediation.", "sourceNote": "Source Note: The provisions of this §20.57 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107426", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.59", "label": "Confidentiality of Mediation and Final Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107427", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A mediation conducted under the rules in this division is confidential in accordance with Texas Government Code, §2009.054.(b) The confidentiality of a final settlement agreement to which the Commission is a signatory that is reached as a result of the mediation is governed by Texas Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §20.59 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107427", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.61", "label": "Costs of Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107428", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the contractor and Commission agree otherwise, each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, and consultant or expert fees. The costs of the mediation process itself shall be divided equally between the parties. Each party shall be responsible for its own attorney's fees.", "sourceNote": "Source Note: The provisions of this §20.61 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107428", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.63", "label": "Settlement Approval Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107429", "queryAsDate": "03/11/2026" }, "ruleBody": "Each party shall disclose its settlement approval procedures to the other party prior to the mediation. The parties should select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §20.63 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107429", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.65", "label": "Initial Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107430", "queryAsDate": "03/11/2026" }, "ruleBody": "The representatives of the contractor and the Commission shall sign any settlement agreement reached during the mediation. The agreement shall describe each party's procedures required to be followed in connection with final approval of the agreement.", "sourceNote": "Source Note: The provisions of this §20.65 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107430", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.67", "label": "Final Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Representatives of the contractor and the Commission who have authority to bind each respective party shall sign a written final settlement agreement reached during, or as a result of mediation, that resolves an entire claim or any designated and severable portion of a claim.(b) If the parties do not resolve all issues raised by the claim and counterclaim, the agreement shall identify the issues that are not resolved.(c) A partial settlement shall not waive a party's rights under Texas Government Code, Chapter 2260, as to the parts of the claim that are not resolved.", "sourceNote": "Source Note: The provisions of this §20.67 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107431", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.69", "label": "Referral to the State Office of Administrative Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107432", "queryAsDate": "03/11/2026" }, "ruleBody": "If mediation does not resolve all issues raised by the claim, the contractor may request that the claim be referred to SOAH by the Commission. Nothing in these rules prohibits the contractor and the Commission from mediating their dispute after the case has been referred for contested case hearing, subject to the rules of SOAH.", "sourceNote": "Source Note: The provisions of this §20.69 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107432", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.71", "label": "Assisted Negotiation Processes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107433", "queryAsDate": "03/11/2026" }, "ruleBody": "Parties to a contract dispute under Texas Government Code, Chapter 2260, may agree, either contractually or when a dispute arises, to use the assisted negotiation (alternative dispute resolution) processes described in §20.75 of this division (relating to Assisted Negotiation Methods) in addition to negotiation and mediation to resolve their dispute.", "sourceNote": "Source Note: The provisions of this §20.71 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107433", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.73", "label": "Use of Assisted Negotiation Processes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107434", "queryAsDate": "03/11/2026" }, "ruleBody": "The following factors may help parties decide whether one or more assisted negotiation processes could help resolve their dispute:(1) The parties recognize the benefits of an agreed resolution of the dispute;(2) The expense of proceeding to contested case hearing at SOAH is substantial and might outweigh any potential recovery;(3) The parties want an expedited resolution;(4) The ultimate outcome is uncertain;(5) Factual or technical complexity or uncertainty exists and the parties would benefit from the expertise of a third-party for technical assistance or fact-finding;(6) The parties are having substantial difficulty communicating effectively;(7) A mediator third party could facilitate each party's realistic evaluation of its case;(8) There is an on-going relationship between parties;(9) The parties want to retain control over the outcome;(10) There is a need to develop creative alternatives to resolve the dispute;(11) There is a need for flexibility in shaping relief;(12) The parties need to hear an evaluation of the case from someone other than their representatives.", "sourceNote": "Source Note: The provisions of this §20.73 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107434", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.75", "label": "Assisted Negotiation Methods" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184693", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties may agree to use any of the following methods, or a combination of these methods, or any assisted negotiation process agreed to by the parties to seek resolution of a dispute under Texas Government Code, Chapter 2260. If the parties agree to use an assisted negotiation procedure, they shall agree in writing to a detailed description of the process prior to engaging in the process:(1) Mediation;(2) Early evaluation by a third-party neutral:(A) The parties and their counsel shall, in a confidential conference, present a summary of the factual and legal bases of their claim to an experienced neutral with subject-matter expertise or with significant experience in the substantive area of law involved in the dispute;(B) After the summary presentations, the third-party neutral shall identify areas of agreement for possible stipulations, assess the strengths and weaknesses of each party's position, and estimate, if possible, the likelihood of liability and the dollar range of damages that appear reasonable to him or her. The third-party neutral's assessments and estimates are not binding on the parties;(C) This procedure is less complicated than the mini-trial, described in paragraph (4) of this section, and may be appropriate when only some issues are in dispute, such as where there are clear-cut differences over the appropriate amount of damages. This process may be particularly helpful when:(i) the parties agree that the dispute can be settled;(ii) the dispute involves specific legal issues;(iii) the parties disagree on the amount of damages; or(iv) the neutral is a recognized expert in the subject area or area of law involved;(3) Neutral fact-finding by an expert:(A) After most discovery in the dispute has been completed and the significance of particular technical or scientific issue is apparent, the parties may request a neutral third-party expert to study the particular issue and report his or her findings of fact on that issue;(B) The parties may agree in writing that the fact-finding will be binding on them in later proceedings (and entered into as a stipulation in the dispute if the matter proceeds to contested case hearing), or that it will be advisory in nature, to be used only in further settlement discussions between representatives of the parties. This process may be particularly helpful when:(i) factual issues requiring expert testimony may be dispositive of liability or damage issues;(ii) the use of a neutral is cost effective; or(iii) the neutral's findings could narrow factual issues for contested case hearing;(4) Mini-trial:(A) A representative of upper management from each party, with authority to settle, shall attend a mini-trial conducted by a third-party neutral selected by agreement of the parties. The mini-trial shall be divided into three phases: a limited information exchange phase, the actual hearing, and post-hearing settlement discussions. No written or oral statement made in the proceeding may be used as evidence or an admission in any other proceeding;(B) The information exchange stage shall be sufficient for each party to understand and appreciate the key issues involved in the case. At a minimum, parties shall exchange key exhibits, introductory statements, and a summary of the witness' testimony;(C) At the hearing, representatives of the parties present a summary of the anticipated evidence and any legal issues that must be decided before the case can be resolved. The third-party neutral presides over the presentation and may question witnesses and counsel, as well as comment on the arguments and evidence. Each party may agree to put on abbreviated direct and cross-examination testimony. The hearing generally takes no longer than one to two days;(D) Settlement discussions, facilitated by the third-party neutral, take place after the hearing. The parties may ask the neutral to formally evaluate the evidence and arguments and give an advisory opinion as to the issues in the case. If the parties cannot reach an agreed resolution to the dispute, either side may declare the mini-trial terminated and proceed to resolve the dispute by other means;(E) Mini-trials may be appropriate when:(i) the dispute is at a stage where substantial costs can be saved by a resolution based on limited information gathering;(ii) the matter justifies the senior executive time required to complete the process;(iii) the issues involved include highly technical mixed questions of law and fact;(iv) the matter involves trade secrets or other confidential or proprietary information; or(v) the parties seek to narrow the large number of issues in dispute.", "sourceNote": "Source Note: The provisions of this §20.75 adopted to be effective February 12, 2004, 29 TexReg 1196." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184693", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "CONTRACTS AND PURCHASES" }, "rule": { "number": "§20.81", "label": "Enhanced Contract Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130197", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall use the following factors to assess each contract and determine whether enhanced contract monitoring is necessary.(1) the complexity of the services;(2) the contract amount;(3) whether the services or vendor are new or have changed significantly; and(4) any other factors that may impact the project.(b) If the Commission determines that a contract requires enhanced monitoring, the Commission will require that the vendor provide status reports on a scheduled basis to determine whether performance measures are being met. Enhanced monitoring may also include site visits, additional meetings with the vendor, and other documentation requirements needed to assess progress toward meeting performance measures.(c) The Director of Procurement and Contracts Management shall notify the Commissioners of contracts requiring enhanced monitoring under this section. The Director shall also immediately notify the Commissioners of any serious issue or risk that is identified in a contract monitored under this section.(d) This section does not apply to an interagency agreement, interlocal agreement, a memorandum of understanding with another state agency, or a contract for which there is no cost to the Commission.", "sourceNote": "Source Note: The provisions of this §20.81 adopted to be effective June 26, 2017, 42 TexReg 3268." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130197", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "B", "label": "ACCESS TO AND CHARGES FOR RECORDS" }, "rule": { "number": "§20.101", "label": "Access to and Charges for Commission Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "80177", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission adopts by reference the rules of the Office of the Attorney General in 1 TAC, Part 3, Chapter 70, relating to Cost of Copies of Public Information (formerly Texas Building and Procurement Commission in 1 TAC Chapter 111, Subchapter C, concerning cost of copies of public information). These rules were transferred from TBPC to the OAG effective September 1, 2005. The adopted or amended dates in paragraphs (1) through (11) of this subsection remain in effect.(1) §70.1 (formerly §111.61), Purpose, amended effective February 22, 2007;(2) §70.2 (formerly §111.62), Definitions, amended effective February 22, 2007;(3) §70.3 (formerly §111.63), Charges for Providing Copies of Public Information, amended effective February 22, 2007;(4) §70.4 (formerly §111.64), Requesting an Exemption, amended effective February 22, 2007;(5) §70.5 (formerly §111.65), Access to Information Where Copies Are Not Requested, amended effective February 11, 2004;(6) §70.6 (formerly §111.66), Format for Copies of Public Information, amended effective February 22, 2007;(7) §70.7 (formerly §111.67), Estimates and Waivers of Public Information Charges, amended effective February 22, 2007;(8) §70.8 (formerly §111.68), Processing Complaints of Overcharges, amended effective February 22, 2007;(9) §70.9 (formerly §111.69), Examples of Charges for Copies of Public Information, amended effective February 11, 2004;(10) §70.10 (formerly §111.70), The Attorney General Charge Schedule, amended effective February 22, 2007; and(11) §70.11 (formerly §111.71), Informing the Public of Basic Rights and Responsibilities under the Public Information Act, amended effective February 22, 2007.(b) Copies of the rule are filed in the Railroad Commission's Administration Division, located at the Commission's offices at 1701 North Congress, 9th floor, Austin, Texas 78701, and at all Commission district offices.", "sourceNote": "Source Note: The provisions of this §20.101 adopted to be effective December 13, 2004, 29 TexReg 11466; amended to be effective June 4, 2007, 32 TexReg 2985." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "80177", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "C", "label": "GIFTS TO THE COMMISSION" }, "rule": { "number": "§20.201", "label": "Gifts to the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "75016", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Railroad Commission of Texas. (2) Commissioner--A member of the commission. (3) Contested case--A proceeding, including a ratemaking or licensing proceeding, in which the legal rights, duties or privileges of a party are to be determined by the commission after an opportunity for adjudicative hearing. For purposes of this section, the term does not include matters that are handled administratively without a hearing. (4) Decision in a contested case--That final order of the commission that disposes of all issues in a contested case. (5) Director--The Director of Finance and Administration. (6) Division director--The director of any commission division. (7) Employee--A full-time or part-time employee of the commission. (8) Gift--A donation of money, property, or other assistance conveyed to the commission and over which the commission has complete title, control, or discretion. The term does not include items that are temporarily in the commission's possession for testing or research purposes; a non-employee's participation as a speaker or presenter in a commission-sponsored conference or seminar; or payments made pursuant to Texas Natural Resources Code, §89.084. (9) Inception of the case--The date an application, complaint, petition, statement of intent, or other request for commission action, ruling, or relief is determined to require a hearing or the date a matter is referred to the Office of General Counsel, whichever is earlier. (10) Money--Cash or negotiable instruments. (11) Other assistance--The gift of personnel or expertise in a particular professional or technical area. (12) Party--A person or a state agency named or admitted as a party to a contested case pending before the commission. (13) Person--An individual; a partnership, limited partnership, joint venture, cooperative, corporation, association, or any other business organization or entity; a trust; an estate; a public or private institution of higher education; or a state agency, county, municipality, council of government, school district or other governmental subdivision. (14) Property--Real property or personal property, both tangible and intangible. (b) Terms and conditions. The commission may apply for, request, solicit, contract for, receive, accept, and administer gifts, grants, and donations of money or other assistance from any source to carry out any commission purpose or power authorized by law except as follows: (1) Neither the commission nor its delegate shall accept a gift from a party in a contested case during the period from the inception of the contested case until the 30th day after the date the decision in a contested case becomes final under Texas Government Code, §2001.144. (2) Neither the commission nor its delegate shall solicit or accept any gift: (A) that might reasonably tend to influence a commissioner or commission employee in the discharge of official duties, or that the commissioner or commission employee knows or should know is being offered with the intent to influence the commissioner's or commission employee's official conduct; (B) that could reasonably be expected to impair a commissioner's or commission employee's independence of judgment in the performance of the commissioner's or commission employee's official duties; or (C) for having exercised the commission's or a commission employee's official powers or performed the commission's or commission employee's official duties in favor of another. (c) Notice of intent to make a gift. A person wishing to make a gift to the commission shall file with the Director a completed RRC Gift Form, Notice of Gift to Railroad Commission of Texas , or a letter including the following information: Attached Graphic(1) the complete legal name, address, and telephone number of the donor; (2) a description of the intended gift; (3) the date on which the gift would be made; (4) a statement describing the manner in which the intended gift would assist the commission in carrying out its duties; (5) an estimate of the value of the gift; and (6) a statement regarding the donor's party status in any contested case pending before the commission: (A) If the donor is a party in a contested case pending before the commission, the notice shall include the docket number, style, and filing date of every contested case in which the donor is a party. (B) If the donor is not a party in any contested case pending before the commission, the notice shall include either the docket number, style, and date the order was signed in the most recent contested case in which the donor was a party or a statement that the donor has never been a party to a contested case before the commission. (7) The Director shall forward the form or letter to the appropriate division director for review. (d) Division director review. The division director to whom the Director has forwarded a copy of the form or letter shall review the form or letter within 10 business days. The division director shall indicate on the form whether: (1) the intended gift would assist the commission in carrying out its duties and, if so, how; (2) the intended gift would provide a broad or general benefit to the commission in carrying out its purposes and powers that would exceed any particular benefit that the donor might realize as a result of making the gift; (3) the division director agrees with the estimated value of the gift and, if not, the division director's estimate of the value of the gift and the reason for the difference of opinion; and (4) the commission should accept the intended gift and, if not, the reasons the division director recommends against accepting the intended gift. (5) The division director shall forward the form or letter to the Office of General Counsel for review. (e) Office of General Counsel review. Upon receipt of a form or letter from a division director, the Office of General Counsel shall review the form or letter within 10 business days regarding the intended donor's status as a party in any proceeding pending before the commission. (1) The review shall indicate whether the date on which the donor intends to make the gift to the commission meets the requirements of subsection (b)(1) of this section and if not, shall state a date or dates which would meet the requirements of subsection (b)(1) of this section. (2) The Office of General Counsel shall forward the reviewed form or letter to the Director for final review. (f) Director review. Upon receipt of a form or letter reviewed by a division director and the Office of General Counsel, the Director shall review the form or letter within 10 business days to ensure that all information required by this section is included. (1) The Director may request that the person filing the notice of intent to make a gift supply additional information regarding the donor, the intended gift, its estimated value, its usefulness to the commission, the donor's party status, or any other information that the Director deems relevant to the intended gift. (2) The commission delegates to the Director the authority to accept or reject intended gifts using the standards and procedures set forth in this section. (3) If the Director finds all information on the form or letter to be complete and accurate the Director shall either accept or reject the intended gift. The Director shall accept a gift by signing and dating the RRC Gift Form and forwarding copies of the form to the donor, the appropriate division director, the Finance and Administration Division, and the Office of General Counsel. The Director shall notify in writing the donor, the appropriate division director, the Finance and Accounting Division, the Office of General Counsel, and the commissioners of a decision to reject an intended gift, and shall include a brief statement of the reason(s) for the rejection. (4) If the Director accepts a gift valued at $500 or more, the Director shall: (A) give notice that the commission will acknowledge the acceptance at an open meeting; and (B) prepare a document by which the commission may acknowledge acceptance of a gift. (5) In an open meeting, the commission shall consider the acknowledgment of an accepted gift and shall commemorate the acknowledgment by signing the prepared document. (g) Upon a Director decision accepting a gift, the Director shall ensure that the commission staff takes all appropriate steps to receive the gift and to account for it properly in the records of the commission.", "sourceNote": "Source Note: The provisions of this §20.201 adopted to be effective June 14, 1999, 24 TexReg 4361; amended to be effective July 31, 2000, 25 TexReg 7137." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "75016", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "D", "label": "ELECTRONIC COMPLIANCE AND APPROVAL PROCESS (ECAP)" }, "rule": { "number": "§20.301", "label": "Electronic Compliance and Approval Process (ECAP) Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "96436", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Chairman--The Chairman of the Commission.(2) Commission--The Railroad Commission of Texas.(3) Committee--The Electronic Compliance and Approval Process (ECAP) Advisory Committee of the Commission.(4) Director--The Director of the Oil and Gas Division.(5) Division--The Oil and Gas Division of the Commission.(6) ECAP--Electronic Compliance and Approval Process.(7) Electronic commerce industry representative--A member of the committee whose primary business is the development and implementation of systems and processes for electronic commerce.(8) Fiscal year--September 1 of a year through August 31 of the following year.(9) Independent industry representative--A member of the committee who is engaged in the business of non-integrated oil and gas operations, or who represents operators of such companies.(10) Major industry representative--A member of the committee who is engaged in the business of oil and gas operations for a fully integrated company, or who represents operators of such oil and gas companies.(11) Member--A major or independent industry representative, an electronic commerce industry representative, a representative of users of Commission data, or a representative of another category or interest appointed by the Commission who serves on the committee.(12) Presiding officer--The chair of the committee.(13) Participant--A person who is not a member of the committee, but participates on the committee for the purpose of advising and/or providing expertise in a particular subject area and performing the work assigned to the committee by the Commission. Participants may include: consumers who are end users or representatives of end users of the information filed at or maintained by the Commission; technicians who provide technical support for oil and gas exploration and production operations; staff who are employees of the Commission; and contractors whom the Commission has engaged to perform particular work.(14) User of Commission data--A person who obtains Commission data for his or her own use or for resale to others or who represents such persons.(b) Establishment; duration. The ECAP Advisory Committee is hereby established effective March 1, 2000. The committee is abolished on December 31, 2005, unless the Commission amends this subsection to establish a different date.(c) Purpose and duties. The purpose of the committee is to give the Commission the benefit of the members' collective business, technical, and operating expertise and experience to help the Commission implement paperless permitting through the implementation of ECAP. The committee shall advise the Commission on direction and implementation strategies concerning the ECAP project. The committee's sole duty is to advise the Commission. The committee has no executive or administrative powers or duties with respect to the operation of the division; all such powers and duties rest solely with the Commission.(d) Composition of committee; membership terms. The committee shall be composed of ten members, nine of whom shall have full voting rights. The presiding officer shall vote only in the event of a tie. The members' terms shall be for the entire duration of the committee.(1) The members, all of whom serve at the pleasure of the Commission, shall include:(A) three major industry representatives;(B) three independent industry representatives;(C) three electronic commerce industry representatives; and(D) one user of Commission data.(2) The committee may use other non-member participants with expertise in certain areas for the purpose of obtaining advice and information on a particular subject and implementing ECAP proposals approved by the Commission.(e) Conflict of interest.(1) A member may not:(A) have an interest in, or in any manner be connected with, a contract or bid for a purchase of goods or services by the Commission for the ECAP project; or(B) in any manner, including by rebate or gift, accept or receive from a person to whom a contract is or may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation.(2) A member who violates this subsection is subject to dismissal.(3) The Commission shall not accept a bid or award a contract for goods or services for the ECAP project that includes proposed financial participation by a member who participated in preparing the specifications or request for proposals on which the bid or contract is based.(f) Presiding officer; other officers. The Chairman shall appoint a presiding officer who shall report the committee's advice and attendance in writing to the Commission no less often than quarterly. The committee may elect other officers at its pleasure.(g) Nominations for committee membership. The Commission shall make nominations for membership on the committee.(h) Appointment and replacement of members. The Commission shall appoint members of the committee by March 1, 2000. All members of the committee serve at the pleasure of the Commission. If a member resigns or otherwise vacates his or her position prior to the end of his or her term, the Commission shall appoint a replacement who shall serve the remainder of the unexpired term.(i) Meetings. The committee shall meet at the call of the presiding officer or the Commission. Meetings shall be scheduled through e-mail appointments sent by the presiding officer to committee members and participants.(j) Other committee authority. The ECAP advisory committee may create other guidelines and may create subcommittees as necessary and appropriate to carry out its purpose. Subcommittees may establish their own operating guidelines.(k) Reimbursement of members' expenses. The Commission shall not reimburse members for travel or other expenses related to service on the committee or any subcommittees.(l) Committee and subcommittee records. The Commission shall maintain and make available records of each committee and any subcommittee meeting.(m) Evaluation of committee costs and benefits. By October 1 of each year, the director shall evaluate for the previous fiscal year and report to the Commission:(1) the committee's work;(2) the committee's usefulness; and(3) the costs related to the committee's existence, including the cost of Commission staff time spent in support of the committee's activities.(n) Report to Legislative Budget Board. The Commission shall biennially report to the Legislative Budget Board the information developed under subsection (m) of this section in evaluating the committee's costs and benefits.", "sourceNote": "Source Note: The provisions of this §20.301 adopted to be effective February 28, 2000, 25 TexReg 1593." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "96436", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "E", "label": "VEHICLE MANAGEMENT" }, "rule": { "number": "§20.401", "label": "Agency Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91944", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements the provisions of Texas Government Code, §2171.1045, concerning the use and management of state agency vehicles, and the provisions of the State Vehicle Management Plan adopted by the State Council on Competitive Government on October 11, 2000. The plan may be viewed at the web site of the General Services Commission at www.gsc.state.tx.us/fleet, or any successor site that may be created by the Texas Building and Procurement Commission.(b) Vehicles, with the exception of vehicles assigned to field employees, are assigned to the Railroad Commission's motor pool and shall be available for checkout by a Commission employee.(c) The Commission may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if there is a documented finding that the assignment is critical to the needs and mission of the Commission.(d) A Commission employee is prohibited from bidding on a surplus vehicle if the employee has been involved in the inspection of the vehicle.", "sourceNote": "Source Note: The provisions of this §20.401 adopted to be effective January 9, 2002, 27 TexReg 154; amended to be effective September 9, 2002, 27 TexReg 8427." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91944", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "E", "label": "VEHICLE MANAGEMENT" }, "rule": { "number": "§20.405", "label": "Inscriptions on Railroad Commission of Texas Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89822", "queryAsDate": "03/11/2026" }, "ruleBody": "Under Texas Transportation Code, §721.003(a)(8), vehicles assigned to and used by district office field personnel are exempt from bearing the inscription required in Texas Transportation Code, §721.002. These Commission vehicles are used in regulatory and administrative activity, including inspections and investigations which require that the Railroad Commission of Texas personnel be able to accomplish their tasks undetected.", "sourceNote": "Source Note: The provisions of this §20.405 adopted to be effective January 9, 2002, 27 TexReg 154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89822", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "F", "label": "METHODS OF MAKING PAYMENTS TO THE COMMISSION" }, "rule": { "number": "§20.501", "label": "Payment of Convenience Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=109089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "109089", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority. As permitted by Texas Civil Statutes, Article 6447n, the Commission authorizes payment of regulatory fees, fines, penalties, and charges for goods and services by means of an electronic payment method or a credit card issued by a financial institution chartered by a state or the United States or issued by a nationally recognized credit organization approved by the Commission. Payment by an authorized method may be made in person, by telephone, or through the Internet. A person who makes a payment to the Commission by means of an electronic payment method or credit card shall pay a convenience fee in an amount reasonable and necessary to reimburse the Commission for the costs involved in processing the payment.(b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Commission--The Railroad Commission of Texas.(2) Convenience fees--An additional charge by the Commission collected from the payer to cover the cost of credit card merchant fees, Internet transactions, and/or other charges associated with non-cash payments.(3) Electronic payment--Non-cash payment made to the Commission over the Internet or otherwise.(4) Electronic processing--The required use of an electronic processing system owned by financial institution chartered by a state or the United States or issued by a nationally recognized credit organization approved by the Commission to make a payment to the Commission.(5) Merchant fees--Charges by a third party to the Commission for the electronic processing of non-cash payments, which can include both flat fees and charges based on a percentage of the total payment amount.(6) Non-cash payments--The use of credit cards, debit cards, charge cards, or other payment methods offered by a financial institution chartered by a state or the United States or issued by a nationally recognized credit organization approved by the Commission.(7) Payments--Regulatory fees, fines, penalties, and charges for goods and services paid to the Commission.(8) Payer--Any entity making a payment to the Commission.(9) Refunds--Payments returned by the Commission to the payer.(10) Transaction fees--Charges incurred by the Commission to cover the cost of processing debit card, credit card, Internet, and other non-cash transactions. These include the charges incurred by the Commission for Texas Online Internet payment processing services.(c) Explanation of how the Commission charges convenience fees.(1) General. The Commission will assess convenience fees on a per-transaction basis in an amount that will cover the cost of the transaction fee paid by the Commission for electronic payment processing services, including but not limited to the transaction cost incurred by the Commission through the use of Texas Online Internet payment services. Payers shall pay convenience fees when they make payment to the Commission using any payment method that requires electronic processing. The Commission will refund convenience fees using the same electronic processing system used to make the payment.(2) Examples. The fact situations in subparagraphs (A) through (C) of this paragraph illustrate the Commission's interpretation and application of Texas Civil Statutes, Article 6447n, and demonstrate how the Commission will calculate the amount of any convenience fee that may be due. The fact situations in subparagraphs (A) through (C) of this paragraph are illustrative only.(A) Customer #1 pays for a drilling permit application over the Internet using a credit card or a debit card through the Texas Online payment portal services. Customer #1 also pays a convenience fee that includes merchant fees and a $2.00 per transaction charge for using Texas Online Internet processing services.(B) Customer #2 pays for a drilling permit application in person using a credit card or a debit card. Customer #2 also pays a convenience fee that includes merchant fees only.(C) Customer #3 pays for a drilling permit application by writing a check. Customer # 3 pays no convenience fees.", "sourceNote": "Source Note: The provisions of this §20.501 adopted to be effective October 22, 2001, 26 TexReg 8344." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=109089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "109089", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "G", "label": "EMPLOYEE TRAINING AND EDUCATION PROGRAM" }, "rule": { "number": "§20.601", "label": "Employee Training and Education Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223389", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope of program. The rules in this subchapter establish the Commission's employee training and education program. The program consists of in-service instruction, as set forth in §20.602 of this title (relating to In-Service Instruction); staff development training, as set forth in §20.603 of this title (relating to Staff Development); the tuition reimbursement program as set forth in §20.604 of this title (relating to Tuition Reimbursement Program); and required training as set forth in §20.605 of this title (relating to Required Training). Employees are eligible to participate in the Commission's training and education program to increase their job-related knowledge and skills, without regard to race, color, religion, sex, age, national origin, disability, or veteran status.(b) Purpose. The Commission's employee training and education program shall relate to an employee's job duties following the training. The Commission's objectives for the employee training program include:(1) developing and retaining a well-trained and competent staff;(2) acquainting employees with new technical, legal, or security developments;(3) motivating employees and stimulating their involvement and participation in Commission work;(4) assisting employees in achieving their maximum potential and usefulness to the Commission; and(5) improving the efficiency and economy of state government.(c) Limitations and conditions.(1) The employee training and education program is contingent upon funding authorized by the legislature or through available funds in the Commission's regular budget.(2) An employee's participation in training or education for which the Commission would expend funds pursuant to §§20.603-20.605 of this title is not a right; is not an obligation of the Commission to any of its employees; and is not a guarantee that budgeted amounts will be available at all times in a fiscal year.(3) The funds available to any one employee pursuant to §§20.603 and 20.604 shall not exceed $1,200 per fiscal year.(4) An employee's participation in training pursuant to §§20.603-20.605 of this title shall not:(A) in any way affect an employee's at-will status;(B) be considered a guarantee or indication that approval will be granted for subsequent requests to participate;(C) constitute a guarantee or indication of either continued employment in a current position or future employment in a prospective position.", "sourceNote": "Source Note: The provisions of this §20.601 adopted to be effective April 12, 2004, 2004, 29 TexReg 3621." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223389", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "G", "label": "EMPLOYEE TRAINING AND EDUCATION PROGRAM" }, "rule": { "number": "§20.602", "label": "In-Service Instruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=109091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "109091", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) New employee orientation. The Commission provides a program of instruction for agency employees, including new employee orientation.(b) Training on policies prohibiting discrimination. Within 30 days of the date of employment, each employee shall attend an orientation session containing information on the Commission's policies and procedures, including information on discrimination and sexual harassment. Each employee shall attend supplemental training on discrimination, including sexual harassment, every two years.(c) Other instruction. In-service instruction includes but is not limited to:(1) technical courses that provide technical knowledge and skill requirements for effective job performance in a specific classification series, such as hazardous materials training;(2) computer-related basic and advanced courses for desktop applications, as well as advanced courses for information technology professionals and other staff who use advanced computer applications;(3) information and data security training that offer best practices for ensuring the security and integrity of the Commission's information resources; and(4) safety training, such as disaster preparedness, basic first aid, highway and traffic safety, and office safety and health that are offered to all employees.(d) Attendance requirement. The Commission may require employees to attend in-service instruction.", "sourceNote": "Source Note: The provisions of this §20.602 adopted to be effective April 12, 2004, 29 TexReg 3621." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=109091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "109091", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "G", "label": "EMPLOYEE TRAINING AND EDUCATION PROGRAM" }, "rule": { "number": "§20.603", "label": "Staff Development" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=109092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "109092", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Work related. The Commission may pay for an employee to attend a workshop, seminar, conference, institute, or continuing education course that is related to a current or prospective duty assignment. An employee's request to attend a staff development program shall have been approved in advance by the employee's supervisor and division director.(b) Licensing requirement. An employee's participation in a continuing education course or program that is required for an employee to maintain a professional license shall be considered a priority in allocating a division's training budget if the professional license is a requirement of the employee's job.(c) Use of accrued leave. Attendance at an approved staff development program shall be considered part of the employee's normal work duties, and the employee shall not be required to use accrued leave to attend.(d) Travel expenses. The Commission may reimburse travel expenses incurred by employees attending a staff development program. In that event, the expenses shall be reimbursed according to current Commission policy regarding employee travel.", "sourceNote": "Source Note: The provisions of this §20.603 adopted to be effective April 12, 2004, 2004, 29 TexReg 3621." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=109092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "109092", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "G", "label": "EMPLOYEE TRAINING AND EDUCATION PROGRAM" }, "rule": { "number": "§20.604", "label": "Tuition Reimbursement Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=109093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "109093", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General provisions.(1) As used in this section, \"training\" means instruction, teaching, or other education received by a Commission employee that is not normally received by other Commission employees and that is designed to enhance the ability of the employee to perform his or her job. The term includes a course of study at an institution of higher education or a private or independent institution of higher education as defined by Texas Education Code, §61.003.(2) The tuition reimbursement program does not include training required either by state or federal law or that is determined necessary by the Commission and offered to all employees of the Commission performing similar jobs. In-service instruction and staff development, as set forth in §§20.602 and 20.603 (relating to In-Service Instruction and Staff Development, respectively) are not part of the tuition reimbursement program.(3) A Commission employee may participate in the tuition reimbursement program without regard to the employee's race, color, religion, sex, age, national origin, disability, or veteran status, provided that the employee meets the qualifications set forth in subsection (b) of this section.(4) An employee has neither a right to reimbursement, even if the employee meets the qualifications of the tuition reimbursement program, nor a guarantee that budgeted amounts will be available at all times in a fiscal year. The funds available to any one employee for tuition reimbursement shall not exceed $1,200 per fiscal year.(5) The Commission shall not reimburse employees for:(A) any tuition or registration costs, mandatory fees, and expenses for books and other written materials that are covered by scholarships, grants, or other awarded funds;(B) costs other than tuition or registration costs, mandatory fees, and expenses for books and other written materials;(C) auditing a course; or(D) any federal income taxes incurred because of the Commission's reimbursement of costs pursuant to this subchapter.(b) Minimum qualifications. As of the date the employee makes the request to participate in the tuition reimbursement program, the employee shall have:(1) been employed full time by the Commission for at least 12 months;(2) received an overall performance rating of at least \"meets requirements\" on the employee's current Employee Performance Evaluation (EPE); and(3) received no disciplinary action in the prior six months. As used in this section, \"disciplinary action\" includes a formal written reprimand, suspension without pay, or salary reduction for disciplinary reasons.(c) Request to participate. An employee requesting approval to participate in the tuition reimbursement program shall meet the minimum requirements set forth in subsection (b) of this section and shall provide to the supervisor the following information, in writing, prior to enrolling or registering for a course, class, or training program:(1) the employee's name, job title, and overall rating on the employee's current EPE;(2) the name of the training course or educational institution;(3) the name and number, if any, of the class, course, or program;(4) the dates, hours, and duration of the training, and whether any or all of the training falls during the employee's regularly scheduled work hours;(5) the amount of the tuition or registration fee;(6) the amount of any mandatory fees that are assessed or charged in addition to tuition or registration fees;(7) the approximate cost of books and other written materials;(8) the deadline for enrolling in or registering for the training; and(9) an explanation of the way in which the requested training relates to the employee's job duties after the training, whether related to a current or a prospective position.(d) Supervisor review and action; agency decision.(1) The employee's supervisor shall review the employee's request for tuition reimbursement to determine if:(A) the employee meets the requirements of subsection (b) of this section;(B) the requested training is related to the employee's current or prospective employment duties;(C) the requested training meets one or more of the objectives set forth in §20.601(b) of this title (relating to Employee Training and Education Program); and(D) the requested dates and times for attending the training will not adversely affect the employee's workload or performance.(2) If the supervisor determines that all four elements of paragraph (1) of this subsection have been satisfied, then the supervisor shall meet with the employee to discuss the obligations that the employee will be expected to meet and those that the employee may be required to assume should the request for tuition reimbursement be approved.(A) The employee will be expected to continue working at the Commission for at least one month for each month of the training course for which the Commission has paid. If an employee terminates before the end of this month-for-month period, the employee shall repay the Commission the full amount of the reimbursement to the employee. If an employee ceases to be employed by the Commission because of a reduction in force prior to the end of the month-for-month period, the employee's obligation to repay the Commission is terminated.(B) The employee's supervisor or division director may require the employee to:(i) make regular reports regarding the employee's progress in the training;(ii) discuss information obtained at the training with other employees;(iii) share materials obtained from training with other employees, to the extent such sharing does not violate copyright law;(iv) assume additional job duties for which the training prepared the employee; and(v) conduct training for other employees concerning the information or skills taught at the training.(3) The supervisor shall also discuss with the employee the specific attendance times that the training would require. If the employee would be required to attend the training during normal work hours, the supervisor and employee shall devise a flex-time work schedule for the employee. If a flex-time work schedule is not feasible, the supervisor and employee shall discuss the use of the employee's accrued leave time to accommodate attendance at the training.(4) In addition to the information provided in the employee's request for tuition reimbursement and the discussion with the employee, the supervisor may also consider:(A) the current or prospective job duties of the employee;(B) the employee's current and previous two EPEs;(C) the specific skill needs of the section or division;(D) whether there is a lack of employees or applicants with the skills the requested training would provide the employee;(E) whether allowing the employee to attend training during work hours, if that has been requested, would adversely affect workload or performance;(F) the funding available; and(G) any other factor that is relevant to the employee's request for tuition reimbursement.(5) The supervisor shall consider the employee's application, the information gathered in discussion with the employee, and other relevant factors, and shall issue a decision in writing. If the supervisor concludes that the request should be denied, the supervisor shall include a statement of the reason or reasons for the denial. An employee may appeal a supervisor's denial to the division director. If the supervisor decides that the employee's request for tuition reimbursement should be approved, the supervisor shall forward the request to the division director with a written recommendation for approval.(6) The division director shall review the employee's request and the supervisor's recommendation, and shall issue a decision in writing. If the division director concludes that the request should be denied, the division director shall include a statement of the reason or reasons for the denial. An employee may appeal a division director's denial to the deputy executive director. If the division director decides that the employee's request for tuition reimbursement should be approved, the division director shall forward the employee's request and the supervisor's recommendation to the deputy executive director with a written recommendation for approval.(7) The deputy executive director is authorized to approve or deny the employee's request for tuition reimbursement, and shall issue the decision in writing. A denial shall include a statement of the reason or reasons for the denial. An employee may appeal the deputy executive director's denial of a request for tuition reimbursement to the executive director, whose decision is final. If the deputy executive director approves the request, the original documents shall be retained in the office of the deputy executive director, and copies of the documents shall be provided to the employee.(e) Registration and payment for the training. An employee who has received final approval of his or her request for tuition reimbursement shall:(1) meet all admission requirements of the educational institution offering the course for which the request for tuition reimbursement was approved;(2) complete all paperwork and pay all costs for the training, including tuition or registration costs, mandatory fees, expenses for books or other written materials, etc.;(3) retain all original dated receipts indicating the amounts the employee paid for each type of expenditure.(f) Attendance; notice. The employee shall complete the training within the time period for which tuition reimbursement was approved. The employee shall immediately notify his or her supervisor if the employee ceases to be enrolled in a class for which tuition reimbursement was approved. The Commission shall not reimburse an employee for training expenses for incomplete or dropped training.(g) Use of Commission resources. An employee attending training approved for tuition reimbursement shall not use Commission equipment or resources such as personal computers, printers, copiers, fax machines, e-mail, internet connections, etc. During the employee's work hours, the employee shall not do research, writing, projects, homework, or other activities related to the training.(h) Time used to attend training. The employee shall use flex time, if possible, to accommodate attendance at training. If flex time is not used, then the employee shall use accrued leave time for attendance at training.(i) Tuition reimbursement qualifications and procedure. Failure to comply with the reimbursement requirements will result in denial of reimbursement.(1) To qualify for tuition reimbursement, an employee shall complete the training with a grade of \"C\" or better for training graded on an \"A\" through \"F\" scale; a 75 percent or better score for training graded on a numerical scale; or a passing grade for training graded on a \"pass/fail\" scale. The employee shall complete any course in which a grade of \"I\" (Incomplete) has been awarded within three months, unless there are valid reasons, such as serious illness, to the contrary. A course dropped after registration does not qualify for reimbursement.(2) To receive tuition reimbursement, within 15 working days of receiving the final grade or grades, the employee shall submit to the Personnel Division a reimbursement claim.(3) A reimbursement claim consists of copies of:(A) the employee's request;(B) all recommendation memoranda;(C) the deputy executive director's or executive director's final approval memorandum;(D) the itemized paid receipts for tuition, mandatory fees, and books and other written materials; and(E) the official grade report, which the Commission will keep confidential.(4) The Personnel Division shall verify the employee's grade and the costs for tuition or registration fees, other mandatory fees, and expenses for books and other written materials.(5) Upon approval of the reimbursement claim, the Personnel Division shall forward the claim to the Finance Division for reimbursement to the employee.", "sourceNote": "Source Note: The provisions of this §20.604 adopted to be effective April 12, 2004, 2004, 29 TexReg 3621." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=109093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "109093", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "1", "label": "RAILROAD COMMISSION OF TEXAS" }, "chapter": { "number": "20", "label": "ADMINISTRATION" }, "subchapter": { "number": "G", "label": "EMPLOYEE TRAINING AND EDUCATION PROGRAM" }, "rule": { "number": "§20.605", "label": "Required Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107898", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Required training or education. Pursuant to Texas Government Code, §656.045, the Commission may require an employee to attend, as all or part of the employee's duties, a training or education program if the training or education is related to the employee's duties or prospective duties.(b) Use of funds. The Commission may spend public funds as appropriate to pay the salary, tuition and other fees, travel and living expenses, training stipend, the expense of training materials, and other necessary expenses of an employee who is required to participant in a training or education program.(c) Use of Commission resources. An employee who is engaged in training pursuant to this section and who does not perform his or her regular duties for three or more months as a result of the training:(1) may use Commission equipment or resources such as personal computers, printers, copiers, fax machines, e-mail, internet connections, etc.; and(2) may be required by the supervisor or division director to use a Commission vehicle to attend the training.(d) Agreement of understanding. The employee shall sign an agreement of understanding and assume the following mandatory obligations, pursuant to Texas Government Code, §§656.103 and 656.104:(1) If the employee receives training paid for by the Commission, and during the training period the employee does not perform the employee's regular duties for three or more months as a result of the training, the employee shall agree in writing that the employee will either work for the agency following the training for at least one month for each month of the training period or pay the Commission for all the costs associated with the training that were paid during the training period, including any amounts of the employee's salary that were paid and that were not accounted for as paid vacation or compensatory leave.(2) If the employee does no work for the Commission following its reimbursement to the employee for training costs, works for some but not all of the required amount of time, or fails to pay the Commission amounts reimbursed for training costs, and the Commission does not release the employee from the obligation to either provide the services or make the payments, the employee is liable to the Commission for all costs associated with the training that the Commission paid, including any amounts of the employee's salary that were paid during the training period and that were not accounted for as paid vacation or compensatory leave, and for the Commission's reasonable expenses incurred in obtaining payment, including reasonable attorney's fees.(3) The Commission may waive the requirements prescribed under paragraph (1) of this subsection and release an employee from the obligation to meet those requirements only if the Commission finds that such action is in the best interest of the agency or is warranted because of an extreme personal hardship suffered by the employee and enters an order to that effect in open meeting.", "sourceNote": "Source Note: The provisions of this §20.605 adopted to be effective April 12, 2004, 2004, 29 TexReg 3621." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107898", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§21.1", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107899", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This chapter establishes procedures for approving interconnection agreements and resolving open issues pursuant to the Federal Telecommunications Act of 1996 (FTA) §252.(b) Scope.(1) This chapter shall govern the initiation, conduct, and determination of dispute resolution proceedings, whether instituted by order of the commission, order of the presiding officer, or by request of a party.(2) This chapter shall not be construed so as to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the commission, commission staff, or the substantive rights of any person.(3) To the extent that any provision of this chapter is in conflict with any statute or substantive rule of the commission, the statute or substantive rule shall control.", "sourceNote": "Source Note: The provisions of this §21.1 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107899", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§21.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220008", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms, when used in this chapter, shall have the following meanings, unless the context or specific language of a section clearly indicates otherwise:(1) Administrative review--Process under which an application may be approved without a formal hearing.(2) Affected person--The definition of affected person is that definition given in the Public Utility Regulatory Act, §11.003(1).(3) Application--A written application, petition, complaint, notice of intent, appeal, or other pleading that initiates a proceeding.(4) Arbitration--A form of dispute resolution in which each party presents its position on any unresolved issues to an impartial third person(s) who renders a decision on the basis of the information and arguments submitted.(5) Arbitration hearing--The hearing conducted by an arbitrator to resolve any issue submitted to the arbitrator. An arbitration hearing is not a contested case under the Administrative Procedure Act, Texas Government Code §§2001.001, et. seq.(6) Arbitration team--Employees of the commission assigned to serve as arbitrators in a dispute resolution proceeding. One or more members of the arbitration team may serve as the presiding officer(s) of a dispute resolution proceeding. The Arbitration team does not include commission employees specifically assigned to advise commissioners.(7) Arbitrator--The commission, any commissioner, or any commission employee selected to serve as the presiding officer in a compulsory arbitration hearing.(8) Authorized representative--A person who enters an appearance on behalf of a party, or on behalf of a person seeking to be a party or otherwise to participate, in a proceeding. The appearance may be entered in person or by subscribing the representative's name upon any pleading filed on behalf of the party or person seeking to be a party or otherwise to participate in the proceeding. The authorized representative shall be considered to remain a representative of record unless a statement or pleading to the contrary is filed or stated in the record.(9) Commission--The Public Utility Commission of Texas.(10) Commissioner--One of the members of the Public Utility Commission of Texas.(11) Complainant--A person who files a complaint intended to initiate a dispute resolution proceeding.(12) Compulsory arbitration--The arbitration proceeding conducted by the commission or its designated arbitrator pursuant to the commission's authority under FTA §252.(13) Contested case--A proceeding, including a ratemaking or licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.(14) Control number--Number assigned by the commission's Central Records to a docket, project, or tariff.(15) Days--Calendar days, not working days, unless otherwise specified by this chapter or the commission's substantive rules.(16) Decision Point List (DPL)--A matrix established before the submittal of testimony that includes the specific issues to be decided in a dispute resolution proceeding.(17) Dispute resolution proceeding--A proceeding conducted by a presiding officer or commission employee in accordance with this chapter. A dispute resolution proceeding is not a contested case subject to the Administrative Procedure Act, Texas Government Code §§2001.001, et. seq. A dispute resolution proceeding may include formal or informal proceedings.(18) Docket--A proceeding under this chapter.(19) FTA--The federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Stat. 56 (1996), (codified at 47 U.S.C. §§151 et seq.).(20) Hearing--Any proceeding at which evidence is taken on the merits of the matters at issue, not including prehearing conferences.(21) Informal settlement conference--One or more optional, informal meetings between parties to an interconnection agreement and commission staff in which commission staff assist the parties to reach settlement as to all or some of the disputed issues.(22) Mediation--A voluntary dispute resolution process in which a neutral third party, including, but not limited to, a member of the commission staff, assists the parties in reaching agreement. The mediator does not have the authority to impose a resolution.(23) Party--A party to negotiations under Subchapter D Dispute Resolution or a party to an agreement under Subchapter E Post-Interconnection Dispute Resolution.(24) Person--An individual, partnership, corporation, association, governmental subdivision, entity, or public or private organization.(25) Petition--A written document complying with §21.33 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission) intended to initiate a dispute resolution proceeding with the commission.(26) Petitioner--A person who files a petition intended to initiate a dispute resolution proceeding with the commission.(27) Pleading--A written document submitted by a party, or a person seeking to participate in a proceeding, setting forth allegations of fact, claims, requests for relief, legal argument, and/or other matters relating to a proceeding.(28) Prehearing conference--Any conference or meeting of the parties, prior to the hearing on the merits, on the record and presided over by the presiding officer.(29) Presiding officer--The commission, any commissioner, any hearings examiner or administrative law judge, or arbitrator presiding over a proceeding or any portion thereof.(30) Proceeding--Any hearing, investigation, inquiry or other fact-finding or decision-making procedure, including the denial of relief or the dismissal of a complaint, conducted by the commission.(31) Project--A rulemaking or other proceeding that is not a docket or a tariff.(32) PURA--The Public Utility Regulatory Act, Texas Utilities Code, Title 2, as it may be amended from time to time.(33) Respondent--A person against whom a petition has been filed.(34) Working day--A day on which the commission is open for the conduct of business.", "sourceNote": "Source Note: The provisions of this §21.3 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220008", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§21.5", "label": "Representative Appearances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107901", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Generally. Any person may appear before the commission or in a hearing in person or by authorized representative. The presiding officer may require a representative to submit proof of authority to appear on behalf of another person. The authorized representative of a party must specify the particular persons or classes of persons the representative is representing in the proceeding.(b) Change in authorized representative. Any person appearing through an authorized representative must provide written notification to the commission and all parties to the proceeding of any change in that person's authorized representative. A copy of the notification must be filed with the commission's Central Records Division under the applicable control number for each affected proceeding and must include the authorized representative's name, address, telephone number, email address, and facsimile number.(c) Lead counsel. A party represented by more than one attorney or authorized representative in a matter before the commission may be required by the presiding officer to designate a lead counsel who is authorized to act on behalf of all the party's representatives. All other attorneys or authorized representatives for the party may take part in the proceeding in an orderly manner, as ordered by the presiding officer.(d) Change in information required for notification or service. Any person or authorized representative appearing before the commission in any proceeding must provide written notification to the commission and all parties to the proceeding of any change in their address, telephone number, facsimile number, or email address within ten working days of the change. A copy of the notification must be filed with the commission's Central Records Division under the applicable control number for each affected proceeding.", "sourceNote": "Source Note: The provisions of this §21.5 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107901", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§21.7", "label": "Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107902", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards of conduct for parties.(1) Every person appearing in any proceeding shall comport himself or herself with dignity, courtesy, and respect for the commission, presiding officer, and all other persons participating in the proceeding. Professional representatives shall observe and practice the standard of ethical and professional conduct prescribed for their professions. In particular, lawyers are reminded of their responsibilities under the Texas Disciplinary Rules of Professional Conduct, §§3.01, 3.02, 3.03 and 3.04.(2) Upon a finding of a violation of paragraph (1) of this subsection, any party, witness, attorney, or other representative may be excluded by the presiding officer from the proceeding in which the violation transpired for such period and upon such conditions as are just, or may be subject to sanctions in accordance with §21.71 of this title (relating to Sanctions). A decision by a presiding officer to exclude a party, witness, attorney, or other representative shall be subject to immediate appeal to the commission.(b) Communications.(1) Ex parte communications. Unless required for the disposition of ex parte matters authorized by law, a presiding officer assigned to render a decision may not communicate, directly or indirectly, in connection with any substantive issues currently the subject of a dispute resolution proceeding before that presiding officer with any person, party, or their representatives, except on notice and opportunity for all parties to participate. Members of the commission or a presiding officer assigned to render a decision may communicate ex parte with employees of the commission who have not participated in any hearing in the case for the purpose of utilizing the special skills or knowledge of the commission and its staff in evaluating the evidence.(2) Communications between presiding officers and Commissioners and employees of the commission acting as advisors to Commissioners. Unless required for the disposition of ex parte matters authorized by law, a presiding officer assigned to render a decision may not communicate, directly or indirectly, in connection with any substantive issues currently the subject of a dispute resolution proceeding before that presiding officer with any commissioner, or with an employee of the commission acting as an advisor to the commission, except on notice and opportunity for all parties to participate.(3) Application to arbitration team. As used in this section, the term \"presiding officer\" includes all members of the arbitration team.(c) Standards for recusal of presiding officers. Presiding officers shall disqualify themselves or shall recuse themselves on the same grounds and under the same circumstances as specified in the Texas Rules of Civil Procedure, Rule 18b.(d) Motions for disqualification or recusal of a presiding officer.(1) Any party may move for disqualification or recusal of a presiding officer stating with particularity the grounds why the presiding officer should not preside. The grounds may include any disability or matter, not limited to those set forth in subsection (c) of this section. The motion shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall be verified by affidavit.(2) The motion shall be filed within five working days after the facts that are the basis of the motion become known to the party. The motion shall be served on all parties by hand delivery, facsimile transmittal, or overnight courier delivery.(3) Written responses to motions for disqualification or recusal shall be filed within three working days after the receipt of the motion. The presiding officer may require that responses be made orally at a prehearing conference or hearing.(4) The presiding officer shall not rule on any issues that are the subject of a pending motion for recusal or disqualification. The commission shall appoint another presiding officer to preside on all matters that are the subject of the motion for recusal until the issue of disqualification is resolved.(5) The parties to a proceeding may waive any ground for recusal or disqualification after it is fully disclosed on the record, either expressly or by their failure to take action on a timely basis.(6) If the presiding officer determines that a motion for disqualification or recusal was frivolous or capricious, or filed for purposes of delaying the proceeding, sanctions may be imposed in accordance with §21.71 of this title.(7) Disqualification or recusal of a presiding officer, in and of itself, has no effect upon the validity of rulings made or orders issued prior to the time the motion for recusal was filed.(e) Subsequent proceedings. A commission employee who has participated as a mediator under §21.91 of this title (relating to Mediation), a presiding officer under §21.95 of this title (relating to Compulsory Arbitration), or a staff member designated as an advisor to the presiding officer under §21.95 of this title may not participate as an advisor to Commissioners in any subsequent commission proceedings concerning the review and approval of the resulting agreement pursuant to the Federal Telecommunications Act of 1996 (FTA) §252(e), except in cases where two or more of the Commissioners act as the presiding officer. In a proceeding to approve an arbitrated agreement pursuant to §21.99 of this title (relating to Approval of Arbitrated Agreements), the commission or the presiding officer may call upon an employee who has participated on the arbitration team under this chapter to the extent necessary to explain the arbitration team's final decision.", "sourceNote": "Source Note: The provisions of this §21.7 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107902", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§21.9", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107903", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Counting days.(1) Except for computation of the arbitration window under Federal Telecommunications Act of 1996 (FTA), in computing any period of time prescribed or allowed by this chapter, by order of the commission or any presiding officer, or by any applicable statute, the period shall begin on the day after the act, event, or default in question. The period shall conclude on the last day of the designated period unless that day is a day the commission is not open for business, in which event the designated period runs until the end of the next day on which the commission is open for business. The commission shall not be considered to be open for business on state holidays on which only a skeleton crew is required.(2) In computing the window for arbitration under FTA, the arbitration window shall be computed inclusive of the 135th and 160th day of the party's receipt of a request for negotiation under FTA §252.(b) Extensions.(1) Documents or pleadings. Unless otherwise provided by statute, the time for filing any documents or pleadings may be extended by the presiding officer, upon a written filing or an oral request on the record made prior to the expiration of the applicable period of time, showing that there is good cause for such extension of time and that the need for the extension is not caused by the neglect, indifference, or lack of diligence of the party making the motion.(2) Decisions. The time for issuing any decision by a presiding officer or the commission may be extended by the presiding officer in a written order for good cause unless the decision deadline is prescribed by FTA. The time for issuing a decision may not be extended by more than 30 working days unless agreed by the parties. Decision deadlines pursuant to FTA may be waived or extended by parties' written agreement or oral agreement on the record.", "sourceNote": "Source Note: The provisions of this §21.9 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107903", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§21.11", "label": "Suspension of Rules and Good Cause Exceptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220009", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Suspension. The commission may suspend the operation of one or more of the sections in this chapter if there exists a public emergency or imperative public necessity and the commission ascertains that suspension will best serve the public interest and will not prejudice the rights of any party.(b) Good cause exception. Notwithstanding any other provision of this chapter or Chapter 22 of this title (relating to Practice and Procedure), except where prohibited by statute, the presiding officer or the commission may grant exceptions to any requirement in this chapter or in a commission-prescribed form for good cause.", "sourceNote": "Source Note: The provisions of this §21.11 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220009", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "PLEADINGS, DOCUMENTS, AND OTHER MATERIALS" }, "rule": { "number": "§21.31", "label": "Filing of Pleadings, Documents, and Other Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220010", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all pleadings as defined in §21.3 of this title (relating to Definitions) and the following documents:(1) letters or memoranda relating to any item with a control number;(2) discovery requests and responses; and(3) Decision Point List (DPL) filings.(b) File with the commission filing clerk. All pleadings and documents required to be filed with the commission must be filed with the commission's Central Records Division and must state the control number in the heading, if known.(c) Receipt by the commission. Pleadings and any other documents are deemed filed when received by the commission's Central Records Division. Central Records will accept pleadings and documents if the person seeking to make the filing is in line by the time the pleading or document is required to be filed.(d) No filing fee. No filing fee is required to file any pleading or document with the commission.(e) Office hours of Central Records.(1) For the purpose of filing documents, the office hours of Central Records are from 9:00 a.m. to 5:00 p.m., Monday through Friday, on working days, except on Fridays, when Central Records will close for all purposes from noon to 1:00 p.m.(2) Central Records will open at 8:00 a.m. on open meeting days. With the exception of paragraph (3) of this subsection, no filings will be accepted between the hours of 8:00 a.m. and 9:00 a.m.(3) On open meeting days, between the hours of 8:00 a.m. and 9:00 a.m., the presiding officer, a commissioner, or the Office of Policy and Docket Management (OPDM) may file items related to the open meeting on behalf of the commission or an individual commissioner. The presiding officer or OPDM will provide the parties of record a copy of each document filed under this paragraph as soon as possible after filing. To the extent practicable, the existence of a document filed under this paragraph will be announced prior to the discussion on the noticed item at the open meeting. In addition to providing copies via mail or facsimile, staff may transmit the documents to the parties of record by electronic transmission or via hand-delivery at the open meeting.(f) Filing deadline. All documents must be filed by 3:00 p.m. on the date due, unless otherwise ordered by the presiding officer.", "sourceNote": "Source Note: The provisions of this §21.31 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 9, 2004, 29 TexReg 7669; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220010", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "PLEADINGS, DOCUMENTS, AND OTHER MATERIALS" }, "rule": { "number": "§21.33", "label": "Formal Requisites of Pleading and Documents to be Filed with the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220011", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all pleadings as defined in §21.3 of this title (relating to Definitions) and the following documents:(1) Letters or memoranda relating to any item with a control number;(2) Reports required under commission rules or requested by the commission;(3) Discovery requests; and(4) Decision Point List (DPL) filings.(b) Requirements of form.(1) Style.(A) All requests for dispute resolution or arbitration must be styled as follows: Petition of {Party} for {Compulsory Arbitration or Post-Interconnection Dispute Resolution} with {Party} under FTA relating to {concise description of major issue}. All responses to requests for dispute resolution or arbitration must be styled as follows: Response of {Party} to Petition of {Party} for {Compulsory Arbitration or Post-Interconnection Dispute Resolution} under FTA relating to {concise description of major issues}.(B) Requests for dispute resolution pursuant to §21.131 of this title (relating to Request for Expedited Ruling) and §21.133 of this title (relating to Request for Interim Ruling Pending Dispute Resolution) must also include such specific requests, as appropriate, in the pleading style, as follows: Petition of {Party} for {Compulsory Arbitration or Post-Interconnection Dispute Resolution} and Request for {Expedited Ruling or Request for Interim Ruling} with {Party} under FTA relating to {concise description of major issues}.(2) Unless otherwise authorized or required by the presiding officer or this chapter, documents must:(A) include the style and control number of the docket or project in which they are submitted, if available;(B) identify by heading the nature of the document submitted and the name of the party submitting the same; and(C) be signed by the party or the party's representative.(3) Whenever possible, all documents should be provided on 8.5 by 11 inch paper. However, any log, graph, map, drawing, or chart submitted as part of a filing will be accepted on paper larger than provided in subsection (g) of this section, if it cannot be provided legibly on letter-size paper. The document must be able to be folded to a size no larger than 8.5 by 11 inches. Documents that cannot be folded may not be accepted.(c) Format. Any filing with the commission, other than the DPL, must:(1) have double-spaced or one and one-half times spaced print with left margins not less than one inch wide, except that any letter may be single-spaced;(2) indent and single-space any quotation of 50 words or more in block quote format; and(3) be printed or formatted in not less than 12-point type for text and 10-point type for footnotes.(d) Citation.(1) Form. Any party filing with the commission should endeavor to comply with the rules of citation set forth, in the following order of preference, by: the commission's \"Citation Guide;\" the most current edition of the \"Texas Rules of Form,\" published by the University of Texas Law Review Association (for Texas authorities); and the most current edition of \"A Uniform System of Citation,\" published by The Harvard Law Review Association (for all other authorities). Neither Rule 1.1 of the Uniform System nor the comparable portion of the \"Texas Rules of Form\" are applicable in proceedings.(2) Copies. When a party cites to authority other than PURA and other Texas state statutes, commission rules, reported Texas cases, an FCC decision, the United States Code, the Texas Administrative Code, the Code of Federal Regulations, or a document on file with the commission, such party must provide a copy of the cited authority to the presiding officer and all parties of record. Copies of authority may be provided to the presiding officer and all parties of record electronically.(e) Signature. Every pleading and document must be signed by the party or the party's authorized representative, and must include the party's address, telephone number, facsimile number, and email address. If the person signing the pleading or document is an attorney licensed in Texas, the attorney's State bar number must be provided.(f) Page limits. Unless otherwise authorized by the presiding officer, page limits must be in accordance with the following standards:(1) With the exception of DPLs and discovery responses, no pleading or brief relating to interconnection agreements may exceed 50 pages, excluding exhibits.(2) Prefiled direct testimony must not exceed 75 pages in length per witness, excluding exhibits or attachments. A party may request the presiding officer to establish a larger page limit and must provide support on relevant factors pursuant to paragraph (4) of this subsection.(3) The page limitation does not apply to copies of legal authorities provided pursuant to subsection (d)(2) of this section.(4) A presiding officer may establish a larger or smaller page limit. In establishing parties' page limits, the presiding officer will consider such factors as which party has the burden of proof, the number of parties opposing a party's position, alignment of parties, the number and complexity of issues, the number of witnesses per party, and demonstrated need.(g) Hard copy filing standards. Hard copies of each document may be filed with the commission in accordance with the requirements set forth in paragraphs (1)-(4) of this subsection.(1) Each document must be typed or printed on paper measuring 8.5 by 11 inches. Oversized documents being filed on larger paper pursuant to subsection (b)(3) of this section must be filed as separate referenced attachments. Except for responses to discovery, each document must consist of the same paper size.(2) A copy of each document must be filed without bindings, staples, tabs, or separators.(A) This copy must be printed on both sides of the paper or, if it cannot be printed on both sides of the paper, every page of the copy must be single sided.(B) All pages of the copy filed under this paragraph, starting with the first page of the table of contents, must be consecutively numbered through the last page of the document, including attachments, if any.(3) For documents for which an electronic filing is required, all non-native figures, illustrations, or objects must be filed as referenced attachments. Non-native figures, illustrations, or objects must not be embedded in the text of the document. \"Non-native figures\" means tables, graphs, charts, spreadsheets, illustrations, drawings and other objects which are not electronically integrated into the text portions of a document.(4) Unless otherwise provided by §21.31 of this title, this section, or the applicable commission rule under this title, all documents and copies must be printed on both sides of the paper.(h) Electronic filing standards. Any document may be filed, and all documents containing more than ten pages must be filed, electronically in accordance with the requirements of paragraphs (1)-(7) of this subsection. Electronic filings are registered by submission of the relevant electronic documents via external storage for digital media or the internet, in accordance with transfer standards available in the commission's central records office or on the commission's website, and, as applicable, the submission of the required number of copies to the commission under the provisions of this section and §21.31 of this title (relating to Filing of Pleadings, Documents and Other Materials).(1) All non-native figures, illustrations, or objects must be filed as referenced attachments. No non-native figures, illustrations, or objects may be imbedded in the text of the document. \"Non-native figures\" means tables, graphs, charts, spreadsheets, illustrations, drawings and other objects which are not electronically integrated into the text portions of a document.(2) Oversized documents must not be filed in electronic media, but must be filed as referenced attachments.(3) Each document that has five or more headings or subheadings must have a table of contents that lists the major sections of the document, the page numbers for each major section and the name of the electronic file that contains each major section of the document. Discovery responses are exempt from the requirements of this paragraph.(4) Each document must have a list of file names that are included in the filing and must be referenced in a text file.(5) The table of contents and list of file names must be placed at the beginning of the document.(6) Each external storage device for digital media must be labeled with the control number, if known, and the name of the person submitting the document.(7) Any information submitted under claim of confidentiality should not be submitted in electronic format.(i) External storage for digital media. Each document that is submitted to the commission on an external storage device for digital media may be password-protected but must be made accessible to commission staff. In addition to the applicable requirements of subsection (h) of this section, each external storage device for digital media provided to the commission must be accompanied by:(1) a statement indicating the contents of the device'(2) the docket number in which each document on the device is to be filed; and(3) a statement indicating which documents are to be filed confidentially.(j) File format standards.(1) Electronic filings must be made in accordance with the current list of preferred file formats published by the commission's Central Records Division on the commission's website.(2) Electronic filings that are submitted in a format other than that required by paragraph (1) of this subsection will not be accepted until after successful conversion of the file to a commission-approved standard.", "sourceNote": "Source Note: The provisions of this §21.33 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220011", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "PLEADINGS, DOCUMENTS, AND OTHER MATERIALS" }, "rule": { "number": "§21.35", "label": "Service of Pleadings and Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107907", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pleadings and Documents submitted to a presiding officer. At or before the time any document or pleading regarding a proceeding is submitted by a party to a presiding officer, a copy of such a document or pleading must be filed with the commission filing clerk and served on all parties. These requirements do not apply to documents which are offered into evidence during a hearing or which are submitted to a presiding officer for in camera inspection; provided that the party submitting documents for in camera inspection must file and serve notice of the submission upon the other parties to the proceeding. Pleadings and documents submitted to a presiding officer during a hearing, prehearing conference, or open meeting must be filed with the commission filing clerk as soon as is practicable.(b) Methods of service. Except as otherwise expressly provided by order, rule, or other applicable law, service on a party may be made by delivery of a copy of the pleading or document to the party's authorized representative or attorney of record either in person; by agent; by courier receipted delivery; by first class mail; by certified mail, return receipt requested; by registered mail to such party's address of record; or by facsimile transmission to the recipient's current facsimile machine. Service of a pleading or document under this paragraph may also be made by electronic mail.(1) Service by mail is complete upon deposit of the document, enclosed in a wrapper properly addressed, stamped and sealed, in a post office or official depository of the United States Postal Service, except for state agencies. For state agencies, mailing must be complete upon deposit of the document with the General Services Commission.(2) Service by agent or by courier receipted delivery is complete upon delivery to the agent or courier.(3) Service by facsimile transmission is complete upon actual receipt by the recipient's facsimile machine.(4) Service by electronic mail is complete upon issuance by the sender's electronic mail account.(5) Unless otherwise established by the receiving party, if service is made by hand delivery, facsimile transmission, or electronic mail, it is presumed that all pleadings are received on the day filed.(A) If service is made by overnight delivery, it is presumed that pleadings are received on the day after filing.(B) If service is made by regular mail, it is presumed that pleadings are received on the third day after filing.(C) Service after 5:00 p.m. local time of the recipient will be deemed served on the following day.(c) Evidence of service. A return receipt or affidavit of any person having personal knowledge of the facts is evidence of the facts relating to service. A party may present other evidence to demonstrate facts relating to service.(d) Certificate of service. Every document required to be served on all parties in accordance with subsection (a) of this section must contain the following or similar certificate of service: \"I, (name) (title) certify that a copy of this document was served on all parties of record in this proceeding on (date) in the following manner: (specify method). Signed, (signature).\" The list of the names and addresses of the parties on whom the document was served, should not be appended to the document.", "sourceNote": "Source Note: The provisions of this §21.35 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107907", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "PLEADINGS, DOCUMENTS, AND OTHER MATERIALS" }, "rule": { "number": "§21.37", "label": "Examination and Correction of Pleadings and Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107908", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Construction of pleadings and documents. All documents shall be construed so as to do substantial justice.(b) Procedural sufficiency of pleadings and documents. All pleadings and documents that do not comply in all material respects with other sections of this chapter shall be conditionally accepted for filing. Upon notification by the presiding officer of a deficiency in a pleading or document, the responsible party shall correct or complete the pleading or document in accordance with the notification. If the responsible party fails to correct the deficiency, the pleading or document may be stricken from the record and the proceeding may be subject to dismissal under §21.67 of this title (relating to Dismissal of a Proceeding).(c) Additional requirements. Additional requirements as set forth in §21.39 of this title (relating to Amended Pleadings) apply.", "sourceNote": "Source Note: The provisions of this §21.37 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107908", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "PLEADINGS, DOCUMENTS, AND OTHER MATERIALS" }, "rule": { "number": "§21.39", "label": "Amended Pleadings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220012", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Filing amended pleadings.(1) A pleading may be amended without leave of the presiding officer, provided that the amended pleading is served upon all parties, is filed no later than ten days after the initial pleading was filed, and does not seek relief for which notice in accordance with this chapter has not been provided. The filing of an amended pleading shall restart the time in which a party may respond to the filing.(2) A party must seek authorization to file an amended pleading if the amended pleading seeks a new type of relief for which notice in accordance with this chapter has not been provided.(3) Any amended pleading offered for filing more than ten days after the initial pleading was filed will be considered by the presiding officer only if there is a showing of good cause for such filing and that consideration of such filing will not unduly delay the proceeding by injecting issues to which the remaining parties may be entitled to respond. If additional notice is required or additional time needed for opposing parties to respond to the proposed pleading, the presiding officer may order such additional notice or time as is reasonable under the circumstances.(b) Amendments to conform to issues tried at hearing without objection. When issues not raised by the pleadings are tried or otherwise heard or argued at hearing by express or implied consent of the parties, upon a determination by the presiding officer that no prejudice to any of the parties will occur, the issues shall be treated in all respects as if they had been raised in the pleadings. Amendment of the pleadings to conform them to the evidence may be made with leave of the presiding officer upon any party's motion until the close of evidence, but failure to so amend shall not affect whether the issues may be properly considered by the presiding officer.", "sourceNote": "Source Note: The provisions of this §21.39 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220012", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "PLEADINGS, DOCUMENTS, AND OTHER MATERIALS" }, "rule": { "number": "§21.41", "label": "Motions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220013", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. A motion must be in writing, unless the motion is made on the record at a prehearing conference or hearing. It must state the relief sought and the specific grounds supporting a grant of relief. If the motion is based upon alleged facts that are not a matter of record, the motion must be supported by an affidavit. Written motions must be served on all parties in accordance with §21.35 of this title (relating to Service of Pleadings and Documents).(b) Time for response. Unless otherwise provided by the presiding officer, commission rule, or statute, a responsive pleading, if made, must be filed by a party within five working days after receipt of the pleading to which the response is made.(c) Rulings on motions. The presiding officer must serve orders ruling on motions upon all parties, unless the ruling is made on the record in a hearing or prehearing conference open to the public.(d) Motions for continuances and extensions.(1) Generally. Motions for continuance and for extension of a deadline must set forth the specific grounds for which the moving party seeks a continuance or an extension and must reference all other motions for continuance or extension filed by the moving party in the proceeding.(2) Standard of Review. The moving party must show good cause with respect to the need for the continuance or extension.(A) Motions for Continuance. The moving party must show good cause with respect to the need for a continuance. Motions for continuance will not be granted based on the need for discovery if the party seeking the continuance previously had the opportunity to obtain or compel discovery from the person from whom discovery is sought, except when necessary due to discovery abuses, surprise or discovery of facts or evidence which could not have been discovered previously through reasonably diligent effort by the moving party.(B) Motions for Extension. Unless otherwise provided by statute, the time for filing any documents may be extended, upon the filing of a motion, prior to the expiration of the applicable period of time, showing that there is good cause for such extension of time and that the need for the extension is not caused by the neglect, indifference, or lack of diligence of the party making the motion.(3) Granting of motion. The presiding officer may grant timely filed motions for continuance or extension agreed to by all parties provided that any applicable statutory deadlines are extended as necessary.(e) Deadlines for motions for continuance.(1) Unless otherwise ordered by the presiding officer, motions for continuance of a prehearing conference, informal settlement conference, or discovery conference must be in writing and must be filed no less than two working days prior to the conference or hearing.(2) Unless otherwise ordered by the presiding officer, motions for continuance of the hearing on the merits must be in writing and must be filed not less than three working days prior to the hearing. In addition to the requirements in paragraph (1) of this subsection, motions for continuance must state proposed dates for a rescheduled hearing.(3) Untimely motions for continuance will be presumed to be denied. The moving party has the burden to show good cause for untimely filing.(f) Modification of deadlines.(1) Notwithstanding the requirements of subsections (b), (d), and (e) of this section, the deadlines for responses, objections and motions to compel may be modified by agreement of the affected parties, by filing a letter or other document evidencing the agreement no later than the date the responses, objections or motions to compel are due.(2) In the event the parties' agreed modification of a discovery deadline affects a scheduled discovery conference, parties must also comply with subsection (e) of this section.(3) Unless the parties show good cause for untimely filing of a modified deadline, the presiding officer may impose the original deadlines for subsequent filings.(4) In no event will the modification of discovery deadlines by agreement be allowed if such modification would affect a statutory deadline, unless the parties' agreed modification is accompanied by a written waiver and is approved by the presiding officer.", "sourceNote": "Source Note: The provisions of this §21.41 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220013", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS" }, "rule": { "number": "§21.61", "label": "Threshold Issues and Certification of Issues to the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107911", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Threshold issues. Threshold issues are legal or policy issues that the presiding officer determines to be of such significance that the issues must be addressed prior to proceeding with the other issues in the docket. Threshold issues include issues to be certified to the commission in accordance with subsection (b) of this section.(1) Threshold issues may be identified by the presiding officer or by motion of a party to the proceeding.(A) The presiding officer will establish a reasonable timeframe to raise or challenge a threshold issue.(B) Parties must raise any threshold issues as well as challenges to the arbitrability of any issue at the first prehearing conference. If such challenges are not raised at the first prehearing conference, they will be deemed waived by the parties.(C) The presiding officer will provide the parties an opportunity to brief the question of threshold issues. At the discretion of the presiding officer, reply briefs may be permitted. Any determination on threshold issues by the presiding officer will be made in a written order.(2) Once a presiding officer has determined that there are one or more threshold issues in a proceeding, the presiding officer may certify each issue in accordance with subsection (b) of this section. A decision on a threshold issue is subject to a motion for reconsideration and is eligible for appeal. For purposes of this paragraph the term \"motion for reconsideration\" and \"appeal\" are interchangeable.(b) Certification. Certified issues will be addressed by the commission.(1) Issues for certification. The presiding officer may certify to the commission a significant issue that involves an ultimate finding in the proceeding. Issues appropriate for certification include:(A) the commission's interpretation of its rules and applicable statutes;(B) which rules or statutes are applicable to a proceeding; or(C) whether commission policy should be established or clarified as to a substantive or procedural issue of significance to the proceeding.(2) Procedure for certification. The presiding officer will file the certified issue and issue notice to the parties. The certified issue will be placed on the commission's agenda to be considered at the earliest time practicable. Parties may file briefs on the certified issue within five working days from the date the presiding officer files the certified issue.(3) Abatement.(A) In a compulsory arbitration proceeding, the presiding officer may abate all or a part of the proceeding while a certified issue is pending only if agreed to by the parties.(B) In a post-interconnection dispute proceeding, the presiding officer may abate all or a part of the proceeding while a certified issue is pending at the presiding officer's discretion.(4) Commission action. The commission will issue a written decision on the certified issue no later than six working days after the open meeting at which the issue is decided by the commission, unless extended for good cause. A commission decision on a certified issue is not subject to a motion for reconsideration or appeal. For purposes of this paragraph the term \"motion for reconsideration\" and \"appeal\" are interchangeable.", "sourceNote": "Source Note: The provisions of this §21.61 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107911", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS" }, "rule": { "number": "§21.63", "label": "Interim Issues and Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107912", "queryAsDate": "03/11/2026" }, "ruleBody": "The presiding officer may issue interim orders addressing motions, procedural and discovery matters, requests for interim relief, and such other matters as may aid in the conduct of the hearing and the efficient and fair disposition of the proceeding. Interim orders may be written or stated orally on the record.", "sourceNote": "Source Note: The provisions of this §21.63 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107912", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS" }, "rule": { "number": "§21.65", "label": "Interlocutory Appeals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107913", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission may consider an appeal of an interlocutory or interim order only when it clearly appears from specific facts shown by affidavit or by a verified complaint that immediate and irreparable injury, loss, or damage will result from enforcement of the order, and when the appellant clearly shows that it is entitled to preservation of the status quo pending issuance of a final arbitration order. As a condition to granting interlocutory relief, the commission may require the appellant to provide security in an amount and form (e.g., bond or escrow) to be determined by the commission.", "sourceNote": "Source Note: The provisions of this §21.65 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107913", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS" }, "rule": { "number": "§21.67", "label": "Dismissal of a Proceeding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107914", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Motions for dismissal.(1) Upon the motion of the presiding officer or the motion of any party, the presiding officer may dismiss, with or without prejudice, any proceeding, or claim within a proceeding, without an evidentiary hearing, for any of the following reasons:(A) lack of jurisdiction;(B) moot questions or obsolete petitions;(C) res judicata;(D) collateral estoppel;(E) unnecessary duplication of proceedings;(F) failure to prosecute;(G) failure to state a claim for which relief can be granted; or(H) other good cause shown.(2) The party that initiated the proceeding shall have five working days from the date of receipt to respond to a motion to dismiss. If a hearing on the motion to dismiss is held, that hearing shall be confined to the issues raised by the motion to dismiss.(3) If the presiding officer determines that the proceeding, or any claim within the proceeding, should be dismissed, the presiding officer shall issue an order dismissing the proceeding or claim within the proceeding.(4) An order dismissing a proceeding, or claim within a proceeding, under paragraph (3) of this subsection may be appealed pursuant to §21.75 of this title (relating to Motions for Clarification and Motions for Reconsideration).(b) Withdrawal of application.(1) A party that initiated a proceeding may withdraw its application, petition, or complaint, without prejudice to refiling of same, at any time before that party has filed its direct testimony.(2) After the filing of its direct testimony, a party may withdraw its application, petition, or complaint, without prejudice to refiling of same, only upon a finding of good cause by the presiding officer.(3) In the absence of a finding of good cause, a party, after the filing of its direct testimony, may withdraw its application, petition, or complaint, with prejudice to refiling of same.(4) Alternatively, in the absence of a finding of good cause, a party, after the filing of its direct testimony, may withdraw its application, petition, or complaint without prejudice if all parties agree. If parties do not agree, the withdrawing party may be allowed to withdraw without prejudice only upon the payment of the other parties' reasonable attorneys' fees and costs.(5) If withdrawal of an application is approved, the presiding officer shall issue an order of dismissal with or without prejudice, as appropriate.", "sourceNote": "Source Note: The provisions of this §21.67 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107914", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS" }, "rule": { "number": "§21.69", "label": "Summary Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Motion for summary decision. The presiding officer may grant a motion for summary decision on any or all issues to the extent that the pleadings, affidavits, materials obtained by discovery or otherwise, admissions, matters officially noticed, or evidence of record show that there is no genuine issue as to any material fact and that the moving party is entitled to a decision in its favor, as a matter of law, on the issues expressly set forth in the motion.(b) Filing and contents of motion. Any party to a proceeding may move for summary decision on any or all of the issues. The motion may be filed at any time before the close of the hearing on the merits. The party filing the motion shall demonstrate that the issue or issues may be resolved by summary decision in accordance with the standard set forth in subsection (a) of this section. Affidavits in support of the motion shall be based on personal knowledge and shall set forth such facts as would be admissible in evidence. A motion for summary decision shall specifically describe the facts upon which the request for summary decision is based, the information and materials which demonstrate those facts, and the laws or legal theories that entitle the movant to summary decision.(c) Response to motion. Any response to a motion for summary decision shall be filed within the time set by the presiding officer. A party opposing the motion shall show, by affidavits, materials obtained by discovery or otherwise, admissions, matters officially noticed, or evidence of record, that there is a genuine issue of material fact for determination at the hearing, or that summary decision is inappropriate as a matter of law.(d) Hearing on the motion. If appropriate, the presiding officer shall set the motion for hearing.(e) No further hearing. No further evidentiary hearing shall be held on issues for which summary decision has been granted. The presiding officer will issue a decision or interim order on the issues recommended to be resolved by summary decision. Parties may file motions to reconsider and replies to motions to reconsider recommending resolution of issues by summary decision within the time set by the presiding officer. An order granting or denying partial summary decision is appealable to the commission.", "sourceNote": "Source Note: The provisions of this §21.69 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS" }, "rule": { "number": "§21.71", "label": "Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107916", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Causes for imposition of sanctions. A presiding officer, on his or her own motion or on the motion of a party, after notice and an opportunity for a hearing, may impose appropriate sanctions against a party or its representative for: (1) filing a motion or pleading that was brought in bad faith, for the purpose of harassment, or for any other improper purpose, such as to cause unnecessary delay or needless increase in the cost of the proceeding; (2) abusing the discovery process in seeking, making or resisting discovery; (3) failing to obey an order of the presiding officer or the commission. (b) Types of sanctions. A sanction imposed under subsection (a) of this section may include, as appropriate and justified, issuance of an order: (1) disallowing further discovery of any kind or a particular kind by the disobedient party; (2) charging all or any part of the expenses of discovery against the offending party or its representative; (3) holding that designated facts be deemed admitted for purposes of the proceeding; (4) refusing to allow the offending party to support or oppose a designated claim or defense or prohibiting the party from introducing designated matters in evidence; (5) disallowing in whole or in part requests for relief by the offending party and excluding evidence in support of such requests; (6) punishing the offending party or its representative for contempt to the same extent as a district court; (7) requiring the offending party or its representative to pay, at the time ordered by the presiding officer, the reasonable expenses, including attorney's fees, incurred by other parties because of the sanctionable behavior; and (8) striking pleadings or testimony, or both, in whole or in part, or staying further proceedings until the order is obeyed. (c) Imposition of sanctions by the commission. In addition to the sanctions listed in subsection (b) of this section that may be imposed by a presiding officer, except for subsection (b)(6) of this section, the commission, after notice and opportunity for hearing, may impose sanctions including:(1) disallow the disobedient party's rights to participate in the proceeding; (2) dismiss the application with or without prejudice; (3) institute civil action; or (4) impose any other sanction available to the commission by law. (d) Procedure. A motion for sanctions may be filed at any time during the proceeding or may be initiated sua sponte by the presiding officer.(1) A motion to compel discovery is not a prerequisite to the filing of a motion for sanctions. (2) A motion should contain all factual allegations necessary to apprise the parties and the presiding officer of the conduct at issue, should request specific relief, and shall be verified by affidavit. To the extent that expenses, including attorney's fees, are requested as relief, the requesting party shall provide detailed billing records. (3) A motion shall be served on all parties. Upon receipt of the motion, a hearing shall be held on the motion. (4) Any order regarding sanctions issued by a presiding officer shall be appealable. Any sanction imposed by the presiding officer shall be automatically stayed to allow the party to appeal the imposition of the sanction to the commission.", "sourceNote": "Source Note: The provisions of this §21.71 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107916", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS" }, "rule": { "number": "§21.73", "label": "Consolidation of Dockets, Consolidation of Issues, and Joint Filings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220014", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Consolidation of dockets. The commission or presiding officer may on its own motion or upon a motion from a party, to the extent practical, consolidate separate dispute resolution proceedings and the approval proceedings pursuant to this chapter.(b) Consolidation of issues. The commission or presiding officer may on its own motion or upon the motion of a party, to the extent practical, consolidate similar issues from separate dispute resolution and approval proceedings pursuant to this chapter.(c) Joint filings or joinder.(1) Joint filings. Parties may jointly file dispute resolution and approval proceedings when there are common issues of law or fact.(2) Joinder. A person may request joinder when there are common issues of law or fact and shall agree to be bound by any judgment rendered as to the common issues.(3) Factors to be considered. The commission or presiding officer shall determine whether the proceedings should be maintained as a joint proceeding or be severed or should be consolidated in whole or in part. In making this determination the commission or presiding officer shall consider:(A) administrative burden on the parties and the commission;(B) whether there are issues of fact or law common to the proceedings;(C) whether separate proceedings would create a risk of inconsistent resolutions; and(D) whether allowing joinder or consolidation would result in undue delay of the proceedings or prejudice any party.", "sourceNote": "Source Note: The provisions of this §21.73 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220014", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS" }, "rule": { "number": "§21.75", "label": "Motions for Clarification and Motions for Reconsideration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107922", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Motions for clarification. This subsection only applies to motions for clarification of arbitration awards. Motions for clarification of an arbitration award may be made to the presiding officer requesting that an ambiguity be clarified or an error, other than an error of law, be corrected.(1) Procedure. A motion for clarification must be filed within ten working days of the issuance of the presiding officer's decision or order. The motion for clarification must be served on all parties by hand delivery, facsimile transmission, electronic mail, or by overnight courier delivery. Responses to a motion for clarification must be filed within five working days of the filing of the motion.(2) Content. A motion for clarification must specify the alleged ambiguity or error and, as appropriate, include proposed language that corrects the alleged ambiguity or error.(3) Denial or granting of motion. The presiding officer will grant or deny the motion within ten working days of the filing of the motion. If the motion is granted, the presiding officer will issue a decision or revised order within 15 working days of the filing of the motion.(b) Motions for reconsideration. Motions for reconsideration, appeals, or motions for rehearing must be styled accordingly and will be presented directly to the commission. For purposes of dispute resolution and approval proceedings the terms \"motion for reconsideration,\" \"appeal,\" and \"motion for rehearing,\" are interchangeable.(1) Limitations.(A) Only parties to the negotiation in a compulsory arbitration under §21.95 of this title (relating to Compulsory Arbitration) may file motions for reconsideration.(B) In a proceeding under §21.97 of this title (relating to Approval of Negotiated Agreements), only parties to the negotiated agreement may file motions for reconsideration. Issues subject to motions for reconsideration are limited to modifications made to the agreement.(C) In a proceeding under §21.99 of this title (relating to Approval of Arbitrated Agreements), only parties to the arbitrated agreement may file motions for reconsideration.(D) In a proceeding under §21.125 of this title (relating to Formal Dispute Resolution Proceeding), only parties to the agreement may file motions for reconsideration. Issues subject to motions for reconsideration are limited to interpretations of and modifications made to the negotiated agreement.(E) In a proceeding under §21.101 of this title (relating to Approval of Amendments to Existing Interconnection Agreements), only parties to the amended agreement may file motions for reconsideration. Issues subject to motions for reconsideration are limited to amendments or modifications made to the agreement.(F) Any motions for reconsideration not filed by parties will be considered as a comment filed by an interested party.(2) Procedure. A motion for reconsideration must be filed within 20 days of the issuance of the order under consideration. The motion for reconsideration must be served on all parties by hand delivery, facsimile transmission, or by overnight courier delivery, or by electronic mail. Responses to a motion for reconsideration must be filed within ten days of the filing of the motion.(3) Content. A motion for reconsideration must specify the reasons why the order is unjustified or improper. If the moving party objects to contract language recommended by the presiding officer, then the motion must contain alternative contract language along with an explanation of why the alternative language is appropriate.(4) Commission Agenda. Upon filing a motion for reconsideration, the commission will determine whether the motion will be placed on an open meeting agenda and considered at an open meeting. The commission will notify the parties by facsimile or electronic mail whether any commissioner, by individual ballot, has added the motion to an open meeting agenda, but will not identify the requesting commissioner.(5) Denial or granting of motion.(A) The motion is deemed denied if, after five working days of the filing of a motion, the parties have not been notified that the motion has been placed on an open meeting agenda.(B) If the commission determines that ruling on the motion is necessary, the motion will be placed on the agenda for the next regularly scheduled open meeting or such other meeting as determined by the commission.", "sourceNote": "Source Note: The provisions of this §21.75 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107922", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS" }, "rule": { "number": "§21.77", "label": "Confidential Material" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107923", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. If any party believes that any material it files with the commission or provides to the presiding officer during any proceeding under this chapter should be exempt from disclosure under the Texas Public Information Act (TPIA), it may designate such material as confidential information and submit the information under seal, pursuant to the requirements of §22.71(d) of this title (relating to Filing of Pleadings, Documents and Other Materials). Material is presumed to be subject to disclosure under the TPIA unless designated as confidential.(b) Disputes. In the event that a presiding officer believes that the material is not confidential, the presiding officer shall, unless waived by the party challenging the declassification, hold a hearing regarding declassification of the material. In the event a party disputes another party's designation of material as confidential, such party shall file a motion challenging the designation at least 15 working days before the hearing on the merits. The challenge shall include a statement as to why the material should not be held to be confidential under current legal standards, or that the party asserting confidentiality did not allow counsel to review such materials. The presiding officer shall notify the party of his belief that the material is not confidential at least ten days before the hearing on the merits. The party asserting confidentiality has three working days after the presiding officer notifies the party of his belief that the material is not confidential, or after another party's challenge is filed, to respond and bears the burden of proof on confidentiality. In determining whether material is exempt from disclosure, the presiding officer shall consider whether the material is considered to be confidential under the TPIA. Any presiding officer's decision relating to whether or not material is confidential is subject to motion for reconsideration to the commission. A party shall have three working days from the date of the presiding officer's decision to file a motion for reconsideration. The commission's decision shall be deemed a final administrative decision.(c) Exemption from disclosure. Material received by the commission or by a presiding officer in accordance with this procedure shall be treated as exempt from public disclosure until and unless such confidential information is determined to be public information pursuant to a specific provision in the TPIA, an Open Records Decision by the Attorney General, an order of the presiding officer entered after notice to the parties and hearing, or an order of a court having jurisdiction.(d) Material provided to parties. Material claimed to be confidential information must be provided to the other parties to the arbitration hearing provided they agree in writing to treat the material as confidential information. One copy of the material shall be provided to each party. The receiving party shall keep the confidential information properly secured during all times when the documents are not being reviewed by a person authorized to do so. The receiving party shall only make copies of the confidential information as permitted by the protective order in place in the proceeding.(e) Review by parties. Unless otherwise agreed to by the parties or ordered by the presiding officer, each receiving party may designate no more than eight individuals associated with the party who will be allowed access to the confidential information. The individuals who may have access to the confidential information shall be limited to the receiving party's counsel of record, regulatory personnel acting at the direction of counsel, and subject matter experts and outside consultants employed by the receiving party. These individuals may use the confidential information only for the purpose of presenting or responding to matters raised in the arbitration hearing during the course of that proceeding. These individuals shall not disclose the confidential information to any person who is not authorized under this section, or the protective order in effect for that proceeding, to view this information.(f) Acknowledgment. Each individual who is provided access to the confidential information shall sign a notarized statement affirmatively stating that the individual has personally reviewed this section and the protective order in the proceeding and understands and will observe the limitations upon the use and disclosure of confidential information. By signing such statements a party may not be deemed to have acquiesced in the designation of the material as confidential information or to have waived any rights to contest such designation or to seek further disclosure of the confidential information.(g) Disposition of confidential information. Upon the completion of commission proceedings to review the arbitration agreement pursuant to FTA §252 and any appeals thereof, confidential information received by the parties shall be returned to the producing party. Any notes or work product prepared by the receiving party which were derived in whole or in part from the confidential information shall be destroyed at that time. Material filed with the commission will remain under seal at the commission and will continue to be treated as confidential information under this chapter. The commission may destroy confidential information in accordance with its records retention schedule.(h) Use in other proceedings. Any confidential information produced pursuant to this section may not be used in any other proceedings before the commission. However, this section does not prevent the discovery or admissibility of any material otherwise discoverable, merely because the material was presented in the course of an arbitration hearing under this section.", "sourceNote": "Source Note: The provisions of this §21.77 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107923", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "DISPUTE RESOLUTION" }, "rule": { "number": "§21.91", "label": "Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107924", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Request for mediation. Any party negotiating a request for interconnection, services, or network elements under the Federal Telecommunications Act of 1996 (FTA) §251 may request, in writing, at any time, that the commission assist the parties by mediating any differences that have arisen in the negotiations. The request shall identify the parties involved in the negotiations, the potential issues for which mediation may be needed and, if possible, an estimate of the time period during which mediation will be pursued.(b) Mediator. Upon receipt of a request for mediation, the commission shall notify the parties of the commission employee who is assigned to serve as a mediator. The commission employee assigned to serve as a mediator may not participate in arbitration or review and approval proceedings initiated under this chapter. The mediator will work with the parties to establish an appropriate schedule and procedure for mediating any disputes. The mediator's role is limited to assisting the parties in attempting to reach an agreed resolution of the issues.(c) Procedure. Mediation proceedings shall not be transcribed and only parties to the negotiation may participate in the mediation proceeding.(d) Mediation and formal dispute resolution. In the event a party negotiating a request for interconnection, services, or network elements under FTA has requested both formal dispute resolution and mediation, and the responding party has agreed to mediation, the mediation will precede formal dispute resolution and any procedural deadlines applicable to formal dispute resolution are tolled for the duration of the mediation proceedings, including time needed for commission approval of a mediated agreement. To the extent parties do not successfully mediate all matters at issue, the formal dispute resolution proceeding shall not be reinitiated until the parties jointly file an update of unresolved issues and a revised procedural schedule.", "sourceNote": "Source Note: The provisions of this §21.91 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107924", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "DISPUTE RESOLUTION" }, "rule": { "number": "§21.93", "label": "Voluntary Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220016", "queryAsDate": "03/11/2026" }, "ruleBody": "In order to facilitate negotiated resolutions of any dispute concerning a request for interconnection, services or network elements pursuant to the Federal Telecommunications Act of 1996 (FTA) §251, the parties are encouraged, but not required, to pursue any method of alternative dispute resolution agreeable to them, including, without limitation, mediation or private binding arbitration, in which the commission is not a direct participant. Agreements reached through the parties' use of alternative dispute resolution methods will be considered as equivalent to negotiated agreements, and will be processed for review and approval pursuant §21.97 of this title (relating to Approval of Negotiated Agreements).", "sourceNote": "Source Note: The provisions of this §21.93 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220016", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "DISPUTE RESOLUTION" }, "rule": { "number": "§21.95", "label": "Compulsory Arbitration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107893", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Request for arbitration.(1) Any party to negotiations concerning a request for interconnection, services or network elements in accordance with the Federal Telecommunications Act of 1996 (FTA) §251 may request arbitration by the commission by filing with the commission a petition for arbitration. The petitioner must send a copy of the petition and any documentation to the negotiating party with whom agreement cannot be reached the date the petition is filed with the commission.(2) The petition must be received by the commission during the period from the 135th to the 160th day after the date the negotiating party received the request for negotiation. The commission will perform a sufficiency review of the petition. To the extent that a petition is determined to be insufficient, the commission will file a notice of insufficiency within five working days of receipt of the petition. In the absence of a notice of insufficiency, the petition will be presumed sufficient.(3) Where a petition for arbitration is found insufficient, the presiding officer may consider dismissal without prejudice in accordance with §21.67 of this title (relating to Dismissal of a Proceeding) and order the petitioner to refile.(4) A petition that is procedurally sufficient must be filed with the commission by the 160th day after the date on which petitioner requested negotiation.(5) In addition to the requirements of form specified in §21.33 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission) the petition for arbitration must include:(A) the name, address, telephone number, facsimile number, and email address of each party to the negotiations and the party's designated representative;(B) a description of the parties' efforts to resolve their differences by negotiation, including the dates of the request for negotiation and the projected timeline for compliance under FTA deadlines;(C) a Decision Point List (DPL) that includes a list of any unresolved issues and the position of each party on each issue;(D) the proposed contract language from each party, as applicable, for each unresolved issue;(E) all contract language agreed upon by the parties;(F) if the arbitration request concerns a request for interconnection under §26.272 of this title (relating to Interconnection), the material required by §26.272(g) of this title;(G) the current version of the interconnection agreement being negotiated by the parties, if any, containing both the agreed language and the disputed language of both parties; and(H) a certificate of service that complies with the requirements of §21.35 of this title (relating to Service of Pleadings and Documents).(b) Response. Any non-petitioning party to the negotiation must respond to the request for arbitration by filing the response with the commission and serving a copy on each party to the negotiation. In accordance with FTA §252(b)(3) the response must be filed within 25 days after the commission received the request for arbitration. The response must indicate any disagreement with the matters contained in the petition for arbitration, including a detailed response to the DPL and alternative proposed contract language, and may provide additional information the party wishes to present.(c) Selection and replacement of presiding officer.(1) Upon receipt of a complete petition for arbitration, the commission may delegate authority to a presiding officer to hear the arbitration. The parties will be notified of the commission-designated presiding officer or whether the commission will hear the arbitration directly by electronic mail or in writing. The presiding officer and designated commission staff will act as an arbitration team. The presiding officer may be advised on legal and technical issues by members of the arbitration team. The commission staff members included in the arbitration team will be identified to the parties.(2) If at any time a presiding officer is unable to continue presiding over a case, a substitute presiding officer will be appointed who will perform any remaining functions without the necessity of repeating any previous proceedings. The substitute presiding officer will read the record of the proceedings that occurred prior to their appointment before issuing an arbitration award or other decision.(d) Participation. Only parties to the negotiation may participate as parties in the arbitration hearing. The presiding officer may allow interested persons to file a statement of position to be considered in the proceeding.(e) Prehearing conference; challenges. As soon as is practicable after selection, the presiding officer will schedule a prehearing conference with the parties to the arbitration. At the prehearing conference, parties may raise any challenges to the appointment of the presiding officer or to the inclusion of any issue identified for arbitration in the petition and responses.(1) The presiding officer may establish criteria for waiver of issues, including threshold issues, identified for arbitration. If a challenge to the appointment of the presiding officer is not raised at the first prehearing conference, such a challenge will be deemed waived by the parties.(2) The presiding officer will serve parties with the orders ruling on challenges within ten working days of the first prehearing conference.(3) The presiding officer may schedule additional prehearing conferences to consider discovery, procedural schedules, clarification of issues, amending pleadings, stipulations, evidentiary matters, requests for interim relief, and any other matters that assist the disposition of the proceedings in a fair and efficient manner.(f) Notice. The presiding officer will establish a procedural schedule for the arbitration hearing, which may not be scheduled earlier than 35 days after the commission receives a complete request for arbitration. The presiding officer will notify the parties, not less than ten days before the hearing, of the date, time, and location of the hearing.(g) Record of hearing. The arbitration hearing will be open to the public. If any party requests it, a stenographic record will be made of the hearing by an official court reporter appointed by the commission. It is the responsibility of the party ordering the stenographic record to request that the commission have an official reporter present. A party may purchase a copy of the transcript from the official reporter at rates set by the commission. The court reporter must provide the transcript and exhibits in a hearing to the presiding officer at the time the transcript is provided to the requesting party. If no court reporter is requested by a party, the presiding officer will record the proceedings and maintain the official record and exhibits. Each party to the arbitration hearing is responsible for its own costs of participation in the arbitration process.(h) Hearing procedures.(1) The parties to the arbitration are entitled to be heard, to present evidence, and to cross-examine witnesses appearing at the hearing.(2) Redirect examination may be allowed at the discretion of the presiding officer, provided that parties have reserved time for redirect.(3) The presiding officer may temporarily close the arbitration hearing to the public to hear evidence containing information filed as confidential under §21.77 of this title (relating to Confidential Material). The presiding officer will close the hearing only if there is no other practical means of protecting the confidentiality of the information.(4) Each party, as applicable, must provide a copy of all exhibits or must pay the court reporter costs associated with the production of any copies the party asks the court reporter to provide.(i) Applicable rules. The rules of privilege and exemption recognized by Texas law apply to arbitration proceedings under this subchapter. The Texas Rules of Civil Procedure, Texas Rules of Civil Evidence, Texas Administrative Procedure Act §2001.081, and Chapter 22 of this title (relating to Procedural Rules) may be used as guidance in proceedings under this chapter.(j) Authority of presiding officer.(1) Generally. The presiding officer has broad discretion in conducting the arbitration hearing, including the authority given to a presiding officer under §22.202 of this title (relating to Presiding Officer). In addition, the presiding officer has broad discretion to ask clarifying questions and to direct a party or a witness to provide information at any time during the proceeding, as provided by subsection (q) of this section.(2) Subpoenas.(A) Issuance of Subpoenas. In accordance with Texas Government Code §2001.089, the presiding officer may issue a subpoena for the attendance of a witness or for the production of books, records, papers, or other objects. Motions for subpoenas to compel the production of books, records, papers, or other objects must describe with reasonable particularity the objects desired and the material and relevant facts sought to be proved by them.(B) Service and return. A subpoena may be addressed to the sheriff or any constable, who may serve the subpoena in any manner authorized by the Texas Rules of Civil Procedure; and service thereof may be accepted by any witness by a written memorandum, signed by such witness, attached to the subpoena, or by any other method authorized by the Texas Rules of Civil Procedure.(C) Fees. Subpoenas must be issued by the presiding officer only after sums have been deposited to ensure payment of expense fees incident to the subpoenas. Payment of any such fees or expenses must be made in the manner prescribed by Texas Government Code §2001.089 and §2001.103.(D) Motions to quash. Motions to quash subpoenas must be filed within five working days after the issuance of the subpoena, unless the party ordered to respond to the subpoena shows that it was justifiably unable to file objections at that time.(k) Discovery. In accordance with subsection (j) of this section, the presiding officer has broad discretion regarding discovery. Except as modified in paragraphs (1) - (3) of this subsection, Chapter 22, Subchapter H of this title (relating to Discovery Procedures) must serve as guidance for all discovery conducted under this chapter.(1) Scope. The presiding officer will permit only such discovery as the presiding officer determines is essential, considering public policy, the needs of the parties and the commission, the commission's deadlines under FTA §252(b)(4)(C), and considering the desirability of making discovery effective, expeditious and cost effective. The presiding officer will be the judge of the relevance and materiality of the discovery sought.(2) Limits. Parties may obtain discovery relevant to the arbitration by submitting requests for information (RFIs), requests for inspection and production of documents (RFPs), requests for admissions (RFAs), and depositions by oral or written examination. RFIs, RFPs and RFAs must contain no more than 40 requests (subparts are counted as separate requests). The presiding officer, upon a motion filed by a party, may permit a party to propound more than 40 requests provided that the moving party has made a clear demonstration of the relevance of and the need for the additional requests. Factors to be considered by the presiding officer in determining whether to allow additional requests include: the number of unresolved issues, the complexity of the unresolved issues, and whether the proceeding addresses costs or cost studies.(3) Timing. Discovery may commence upon the filing of the petition for arbitration. Parties must file a proposed discovery schedule that accommodates the commission's deadlines under FTA §252(b)(4)(C), taking into consideration relevant commission regulatory timeframes. The presiding officer may impose a discovery schedule that accommodates the commission's deadlines under FTA §252(b)(4)(C). If any party requests an extension that will affect the ability to complete the proceeding within the commission's deadlines under FTA §252(b)(4)(C), all parties must agree to the extension and file a joint waiver to extend such deadlines.(l) Time for hearing. The arbitration hearing will be conducted expeditiously and in an informal manner. The presiding officer is authorized to impose reasonable time limits on the arbitration hearing. The presiding officer may continue an arbitration hearing from time to time and place to place. Unless additional time is allowed by the commission or additional information is requested by the presiding officer, the hearing may not exceed five working days.(m) Evidence.(1) Relevance. The parties may only offer such evidence as is relevant and material to a proceeding and must provide such evidence as the presiding officer deems necessary. The presiding officer will be the judge of the relevance and materiality of the evidence offered.(2) Conformity to rules. The presiding officer will have the authority to decide whether to apply strict rules of evidence or any other rules as to the admissibility, relevance, or weight of any material tendered by a party on any matter of fact or expert opinion. The presiding officer will provide notice of this decision prior to the deadline for filing direct testimony.(3) Exhibits. The offering of exhibits is governed by §22.226 of this title (relating to Exhibits).(4) Offers of proof. Offers of proof are governed by §22.227 of this title (relating to Offers of Proof).(5) Stipulation of facts. Stipulation of facts are governed by §22.228 of this title (relating to Stipulation of Facts).(6) Prefiled evidence.(A) Parties to the hearing must file their direct case at least 15 working days prior to the hearing unless the presiding officer establishes a different deadline. A copy of the direct case and notice of filing must be provided to each of the other parties to the hearing the same day the direct case is filed with the commission.(B) The prepared direct case must include all of the party's direct evidence on all DPL issues in the proceeding, including written direct testimony of all of its witnesses and all exhibits that the party intends to offer as part of its direct case. The prepared case must present the entirety of the party's direct evidence on each of the issues in controversy and must serve as the party's complete direct case.(C) Prefiled evidence must include, to the extent allowed or requested by the presiding officer, prefiled rebuttal testimony and exhibits and must be filed not less than eight working days prior to the hearing unless the presiding officer establishes a different deadline.(7) Public Information. Except as provided in §21.77 of this title (relating to Confidential Information), all materials filed with the commission or provided to the presiding officer will be considered public information under the Texas Public Information Act (TPIA), Texas Government Code, §552.001, et. seq.(n) Sanctions. Whenever a party fails to comply with a presiding officer's order or commission rules in a manner deemed material by the presiding officer, the presiding officer will establish a reasonable period of time for compliance. If the party does not comply within that time period, then after notice and opportunity for a hearing, the presiding officer may impose a remedy as set forth in §21.71 of this title (relating to Sanctions).(o) Decision Point List (DPL) and witness list.(1) Ten days after the filing of the response to the petition, the parties must file a revised DPL that is jointly populated to the extent practicable, taking into consideration the status of discovery.(2) Parties must file a jointly populated DPL in a format approved by the presiding officer, no later than five working days before the commencement of the hearing. An electronic copy of the DPL must also be provided. The DPL must identify all issues to be addressed, the witnesses who will address each issue, and a short synopsis of each witness's position on each issue, with specific citation to the parties' testimony relevant to that issue. The DPL must also provide the parties' competing contract language. Except as provided in §21.77 of this title (relating to Confidential Material), all materials filed with the commission or provided to the presiding officer will be considered public information under the TPIA, Texas Government Code, §552.001, et. seq.(p) Cross-examination. Each witness presenting written prefiled testimony must be available for cross-examination by the other parties to the arbitration. The presiding officer will judge the credibility of each witness and the weight to be given their testimony based upon their response to cross-examination. If the presiding officer determines that the witness's responses are evasive or non-responsive to the questions asked, the presiding officer may disregard the witness's testimony on the basis of a lack of credibility.(q) Clarifying questions. The presiding officer or an arbitration team member, at any point during the proceeding, may ask clarifying questions and may direct a party or a witness to provide additional information as needed to fully develop the record of the proceeding. This has no effect on a party's responsibility to meet its burden of proof. If a party fails to present information requested by the presiding officer, the presiding officer will render a decision based on the best information available. Moreover, failure to provide requested information may subject a party to sanctions, as set forth in §21.71 of this title.(r) Briefs. The presiding officer may require the parties to submit post-hearing briefs or written summaries of their positions. The presiding officer will determine the filing deadline and any limitations on the length of such submissions. Reply briefs are not permitted unless the presiding officer determines that they would aid in the resolution of the proceeding, after consideration of applicable deadlines.(s) Time for decision. The presiding officer will endeavor to issue a proposal for award on the arbitration within 30 days after the filing of any post-hearing briefs.(1) If post-hearing briefs are not filed, the presiding officer will endeavor to issue the proposal for award within 30 days after the conclusion of the hearing.(2) The arbitration team must issue an arbitration award not later than nine months after the date on which a party receives a request for negotiation under FTA, unless the parties have waived the nine-month deadline in writing or orally on the record.(t) Decision.(1) Proposal for award. The proposal for award will be based upon the record of the arbitration hearing. The presiding officer may agree with the positions of one or more of the parties on any or all issues or may offer an independent resolution of the issues. The presiding officer is the judge of whether a party has met its burden of proof. The proposal for award will include:(A) a ruling on each of the issues presented for arbitration by the parties, including specific contract language;(B) a statement of any conditions imposed on the parties to the agreement in order to comply with the provisions of FTA §252(c);(C) a statement of how the final decision meets the requirements of FTA §251, including any regulations adopted by the Federal Communications Commission (FCC) in accordance with FTA §251;(D) the rates for interconnection, services, or network elements established in accordance with FTA §252(d);(E) a schedule for implementation of the terms and conditions by the parties to the agreement;(F) a narrative report explaining the rulings included in the proposal for award, unless the arbitration is conducted by two or more of the commissioners acting as the presiding officers; and(G) to the extent that a ruling establishes a new or different price for an unbundled network element, combination of unbundled network elements, or resold service, a statement requiring that all certificated carriers be notified of such price either through web posting, mass mailing, or electronic mail within ten days of the date the ruling becomes final.(2) Exceptions to the proposal for award. Within ten working days of the issuance of the proposal for award the parties must file any exceptions to the proposal for award specifying any alleged ambiguities or errors. To the extent that a party objects to contract language within the proposal for award, the party's exceptions to the proposal for award must include alternative contract language along with an explanation of why the alternative language is appropriate, with citation to the record.(3) Arbitration award. The arbitration award will be based upon the record of the arbitration hearing. The presiding officer will endeavor to issue the arbitration award within ten working days of the receipt of parties' exceptions to the proposal for award. The presiding officer may agree with the positions of one or more of the parties on any or all issues or may offer an independent resolution of the issues. The presiding officer is the judge of whether a party has met its burden of proof. The arbitration award will include:(A) a ruling on each of the issues presented for arbitration by the parties, including specific contract language;(B) a statement of any conditions imposed on the parties to the agreement in order to comply with the provisions of FTA §252(c), if any;(C) a statement of how the final decision meets the requirements of FTA §251, including any regulations adopted by the FCC in accordance with FTA §251;(D) the rates for interconnection, services, or network elements established according to FTA §252(d), as appropriate;(E) a schedule for implementation of the terms and conditions by the parties to the agreement;(F) a narrative report explaining the presiding officer's rationale for each of the rulings included in the final decision, unless the arbitration is conducted by a majority of the commissioners acting as the presiding officers; and(G) to the extent that a ruling establishes a new or different price for an unbundled network element; combination of unbundled network elements; or resold service, a statement requiring that all certificated carriers be notified of such price either through a web posting, mass mailing, or electronic mail within ten days of the date the ruling becomes final.(u) Distribution. The proposal for award and arbitration award will be filed with the commission as a public record and will be mailed by first class mail, or transmitted via facsimile to all parties of record in the arbitration. On the same day that a decision is issued, the presiding officer will notify the parties by facsimile or electronic mail that a decision has been issued. If a decision involves 9-1-1 issues, the presiding officer will also notify the Commission on State Emergency Communications by facsimile or electronic mail on the same day.(v) Implementation. Unless modified, implementation of the terms and conditions of the arbitration award must comply with §21.99 of this title (relating to Approval of Arbitrated Agreements).(w) Motions for reconsideration. No motions for reconsideration of the proposal for award are permitted. Motions for reconsideration of the arbitration award must be filed in accordance with §21.75 of this title (relating to Motions for Clarification and Motions for Reconsideration).", "sourceNote": "Source Note: The provisions of this §21.95 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107893", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "DISPUTE RESOLUTION" }, "rule": { "number": "§21.97", "label": "Approval of Negotiated Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220015", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Any agreement adopted by negotiation shall be submitted to the commission for review and approval and may be submitted by any one of the parties to the agreement, provided that all parties to the agreement seek approval. The parties requesting approval shall submit an application for approval of the agreement with the commission's filing clerk and must serve a copy on each of the parties to the agreement. Any agreement submitted to the commission for approval is a public record and no portion of the agreement may be treated as confidential information under §21.77 of this title (relating to Confidential Material). An application for approval of a negotiated agreement shall include:(1) a complete and unredacted copy of the negotiated agreement;(2) the name, address, and telephone number of each of the parties to the agreement;(3) an affidavit by each of the signatory parties explaining how the agreement is consistent with the public interest, convenience, and necessity, including all relevant requirements of state law; and(4) to the extent that an agreement adopted by negotiation establishes a new or different price for an unbundled network element, combination of unbundled network elements, or resold service, a verified statement that all certificated carriers will be notified of such price either through web posting, mass mailing or electronic mail within ten days of the date the ruling becomes final.(b) Notice. The presiding officer may require the parties to the agreement to provide reasonable notice of the filing of the agreement. The presiding officer may require publication of the notice in addition to direct notice to affected persons. At the presiding officer's discretion, notice may be provided by direct notice, electronic mail or a web posting, provided all affected persons are made aware of the website. The presiding officer shall determine the appropriate scope and wording of the notice to be provided.(c) Proceedings.(1) Administrative review. The commission delegates its authority to the presiding officer to administratively approve or deny any negotiated interconnection agreements. Notice of approval or denial shall be issued within 15 days of the filing of the application. If a notice of denial is filed, the notice of denial without prejudice shall include written findings indicating any deficiencies in the agreement. An application considered under this section shall be administratively reviewed by the presiding officer unless the presiding officer determines that a formal review of the application is appropriate pursuant to paragraph (2) of this subsection. Additionally, at the presiding officer's discretion, approval can be referred directly to the commission should the presiding officer determine that there is an issue(s) more appropriately decided by the commission that does not necessarily require formal resolution.(2) Formal resolution. If the presiding officer determines that an application for approval of a negotiated agreement should not be approved administratively, a formal review may be conducted and may require formal resolution under §21.95 of this title (relating to Compulsory Arbitration) or §21.125 of this title (relating to Formal Dispute Resolution Proceeding), as appropriate.(d) Comments. An interested person may file comments on the negotiated agreement by filing the comments with the commission's filing clerk and serving a copy of the comments on each party to the agreement within five days of filing of the application. The comments shall include the following information:(1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;(2) specific allegations that the agreement, or some portion thereof:(A) discriminates against a telecommunications carrier that is not a party to the agreement; or(B) is not consistent with the public interest, convenience, and necessity; or(C) is not consistent with other requirements of state law; and(3) the specific facts upon which the allegations are based.(e) Issues. In any proceeding conducted by the commission pursuant to subsection (c)(2) of this section, the commission will consider only evidence and argument concerning whether the agreement, or some portion thereof:(1) discriminates against a telecommunications carrier that is not a party to the agreement; or(2) is not consistent with the public interest, convenience, and necessity; or(3) is not consistent with other requirements of state or federal law.(f) Authority of presiding officer. The presiding officer has broad discretion in conducting the formal resolution, including the authority given to a presiding officer pursuant to §22.202 of this title (relating to Presiding Officer) and pursuant to §21.95 of this title (relating to Compulsory Arbitration). Discovery shall be governed by §21.95(k) of this title. In addition, in a formal resolution proceeding, the presiding officer has broad discretion to ask clarifying questions and to direct a party or a witness to provide information, at any time during the proceeding, as set out in §21.95(q) of this title.(g) Filing of agreement. Once the presiding officer approves the agreement, then the parties to the agreement shall file two copies, one unbound, of the complete agreement with the filing clerk within 15 working days of the presiding officer's decision. The copies shall be clearly marked with the control number assigned to the proceeding and the language \"Complete interconnection agreement as approved (or modified and approved) on (insert date).\" Also within 15 working days of the approval of the agreement, the incumbent local exchange company (ILEC) shall post notice of the approved interconnection agreement on its website in a separate, easily identifiable area of the website. The ILEC website shall provide a complete list of approved interconnection agreements, listed alphabetically by carrier, including docket numbers and effective dates. In addition, the ILEC website shall provide a direct link to the commission's website.", "sourceNote": "Source Note: The provisions of this §21.97 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220015", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "DISPUTE RESOLUTION" }, "rule": { "number": "§21.99", "label": "Approval of Arbitrated Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220017", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Any interconnection agreement resulting from arbitration must be submitted to the commission for approval and filed in the same proceeding within 30 days of the date of the presiding officer's arbitration award, unless otherwise provided. Following the issuance of the presiding officer's arbitration award under §21.95 of this title (relating to Compulsory Arbitration), the parties must jointly file with the commission a copy of the final interconnection agreement, incorporating all contract language ordered by the presiding officer. Any interconnection agreement submitted to the commission for approval is a public record and no portion of the interconnection agreement may be treated as confidential information under §21.77 of this title (relating to Confidential Material). The application for approval of an arbitrated agreement must be accompanied by:(1) a complete and unredacted copy of the arbitrated interconnection agreement including any portions of the agreement that were not the subject of arbitration;(2) the name, address, telephone number, facsimile number, and email address of each of the parties to the agreement; and(3) to the extent that an agreement adopted by arbitration establishes a new or different price for an unbundled network element, combination of unbundled network elements, or resold service, a verified statement that all certificated carriers will be notified of such price either through web posting, mass mailing or electronic mail within ten days of the date the ruling becomes final.(b) Parties' comments. Any party wishing to file comments on the interconnection agreement incorporating the contract language ordered by the presiding officer as required in subsection (a) of this section, must do so within five calendar days following the filing of the application under subsection (a) of this section. Any reply comments must be filed within three calendar days of any initial comments.(c) Commission approval. The commission will issue its final decision on an agreement adopted by arbitration within 30 calendar days following the filing of the application under subsection (a) of this section. The commission's final decision may reject, approve, or modify the agreement, and will provide written findings as to any deficiencies. If the commission does not act to approve or reject the agreement adopted by arbitration within 30 days after submission by the parties under subsection (a) of this section, the agreement will be deemed approved.(d) Effective date. An interconnection agreement approved by arbitration becomes effective within ten calendar days from the date that the commission's order approving the interconnection agreement is signed by all commissioners unless otherwise specified in the order approving the agreement.(e) Filing of agreement. Following the commission's approval of the agreement, the parties to the interconnection agreement must file a copy of the complete agreement with the commission within ten working days of the commission's decision. The copy be clearly marked with the control number for the proceeding and the language \"Complete interconnection agreement (as modified) and approved on (insert date).\" Also within 15 working days of the approval of the agreement, the incumbent local exchange company (ILEC) must post notice of the approved interconnection agreement on its website in a manner that is easily identifiable. The ILEC website must provide a complete list of commission-approved interconnection agreements, listed alphabetically by carrier, including docket numbers and effective dates. In addition, the ILEC website must provide a direct link to the commission's website.", "sourceNote": "Source Note: The provisions of this §21.99 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220017", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "DISPUTE RESOLUTION" }, "rule": { "number": "§21.101", "label": "Approval of Amendments to Existing Interconnection Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Any amendments, including modifications, to a previously approved interconnection agreement must be submitted to the commission for review and approval. Any one party to the agreement may file the application for approval of the amendments, provided that all parties to the agreement seek approval. The parties requesting approval must file a copy with the commission serve a copy on each of the other parties to the agreement as applicable. An application for approval of an amended agreement must include:(1) a complete and unredacted copy of the amended portions of the interconnection agreement, along with any other relevant portions to place the amendments in context;(2) the name, address, telephone number, facsimile number, and email address of each of the parties to the agreement;(3) an affidavit by each of the signatory parties explaining how the agreement is consistent with the public interest, convenience, and necessity, including all relevant requirements of state law; and(4) to the extent that an amendment to previously approved interconnection agreement establishes a new or different price for an unbundled network element, combination of unbundled network elements, or resold service, a verified statement that all certificated carriers will be notified of such price either through web posting, mass mailing or electronic mail within ten days of the date the ruling becomes final.(b) Notice. The commission may require the parties to the agreement to provide reasonable notice of the filing of the agreement. The commission may require publication of the notice in addition to direct notice to affected persons. At the commission's discretion, direct notice may be provided by electronic mail or a website, provided all affected persons are made aware of the website. The commission will determine the appropriate scope and wording of the notice to be provided.(c) Proceeding.(1) Administrative review. The commission delegates its authority to the presiding officer to administratively approve or deny any interconnection agreement amendments. Notice of approval or denial will be issued within 15 days of the filing of the application. If a notice of denial is filed, the notice of denial without prejudice will include written findings indicating any deficiencies in the agreement. Amendments to interconnection agreements will be administratively reviewed by the presiding officer unless the presiding officer determines that a formal review of the amendments is appropriate in accordance with paragraph (2) of this subsection. At the presiding officer's discretion, approval can be referred directly to the commission should the presiding officer determine that there is an issue that is more appropriately decided by the commission that does not necessarily require formal resolution.(2) Formal resolution. If the presiding officer determines that an application for approval of an amendment to an interconnection agreement cannot be administratively approved, a formal review may be conducted and may require formal resolution under §21.95 of this title (relating to Compulsory Arbitration) or §21.125 of this title (relating to Formal Dispute Resolution Proceeding), as appropriate.(d) Comments. An interested person may file comments on the amended agreement by filing the comments with the commission's filing clerk and serving a copy of the comments on each party to the agreement within five days of the filing of the application. The comments must include the following information:(1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;(2) specific allegations that the agreement, or some portion thereof:(A) discriminates against a telecommunications carrier that is not a party to the agreement; or(B) is not consistent with the public interest, convenience, and necessity; or(C) is not consistent with other requirements of state law; and(3) the specific facts upon which the allegations are based.(e) Issues. In any proceeding conducted by the commission in accordance with subsection (c)(2) of this section, the commission will consider only evidence and argument concerning whether the agreement, or some portion thereof:(1) discriminates against a telecommunications carrier that is not a party to the agreement; or(2) is not consistent with the public interest, convenience, and necessity; or(3) is not consistent with other requirements of state law.(f) Authority of presiding officer. The presiding officer has broad discretion in conducting the proceeding, including the authority given to a presiding officer under §22.202 of this title (relating to Presiding Officer) and §21.95 of this title. Discovery is governed by §21.95(k) of this title. In addition, the presiding officer has broad discretion to ask clarifying questions and to direct a party or a witness to provide information, at any time during the proceeding, as set out in §21.95(q) of this title.(g) Effective date. Any amendment to an existing interconnection agreement is effective upon issuance by the commission of a notice of approval.(h) Formal approval. When an amendment to an existing interconnection agreement is subject to the formal review process as proposed in subsection (c) of this section, the commission will issue its final decision on the amendment within 90 days following the filing of the application. The commission may reject, approve, or modify the amendment, or the commission may remand the agreement to the presiding officer for further proceedings. If the commission rejects the amendment, the final decision will include written findings indicating any deficiencies in the amendment.(i) Filing of agreement. If the presiding officer approves the amendments to the agreement, the parties to the agreement must file a copy of the complete amended interconnection agreement with the commission's filing clerk within ten working days of the presiding officer's decision. The filed copy must be clearly marked with the control number assigned to the proceeding and the language \"Amended interconnection agreement as approved (or modified and approved) on (insert date).\" Within 15 working days of the approval of the agreement, the incumbent local exchange company (ILEC) must post notice of the approved interconnection agreement on its website in a separate, easily identifiable area of the website. The ILEC website must provide a complete list of approved interconnection agreements, listed alphabetically by carrier, including docket numbers and effective dates. In addition, the ILEC website must provide a direct link to the commission's website.", "sourceNote": "Source Note: The provisions of this §21.101 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220018", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "DISPUTE RESOLUTION" }, "rule": { "number": "§21.103", "label": "Approval of Agreements Adopting Terms and Conditions Pursuant to Federal Telecommunications Act of 1996 (FTA) §252(i)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107897", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Under the Federal Telecommunications Act of 1996 (FTA) §252(i), a local exchange carrier must make available within 15 working days of receipt of request, any interconnection, service, or network element provided under a previously approved interconnection agreement to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement. Any agreement adopting terms and conditions of a previously approved interconnection agreement in accordance with FTA §252(i) must be submitted to the commission for review and approval. Any or all of the parties to the agreement may file the application for approval. The parties requesting approval must file a copy of the application with the commission's filing clerk and serve a copy on each of the other parties to the agreement as applicable. An application for approval of an agreement adopting terms and conditions in accordance with FTA §252(i) must include:(1) a complete and unredacted copy of the agreement;(2) the name, address, telephone number, facsimile number, and email address of each of the parties to the agreement;(3) the identity of the previously approved interconnection agreement from which the agreement is taken, including specific docket number and contract effective date and term; and(4) an affidavit from the requesting telecommunications carrier explaining how the agreement is consistent with the public interest, convenience, and necessity, including all relevant requirements of state law.(b) Provisions incorporated from §21.101 of this title (relating to the Approval of Amendments to Existing Interconnection Agreements). Applications for approval filed under this section will be processed according to the following provisions of §21.101 of this title, which are incorporated by reference into this section: §21.101(b), (c), (d), (e), (f), and (g).", "sourceNote": "Source Note: The provisions of this §21.103 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107897", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION" }, "rule": { "number": "§21.121", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220019", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter establishes procedures for commission resolution of disputed issues arising under or pertaining to interconnection agreements approved by the commission pursuant to its authority under the Federal Telecommunications Act of 1996 (FTA). The disputed issues may include, but are not limited to, matters not explicitly addressed in the interconnection agreement. The dispute resolution procedures are intended to resolve disputes concerning:(1) proper interpretation of terms and conditions in the interconnection agreements;(2) implementation of activities explicitly provided for, or implicitly contemplated in, the interconnection agreements, including, but not limited to, interim rates and terms expiring before the contract expiration date; and(3) enforcement of terms and conditions in such interconnection agreements.", "sourceNote": "Source Note: The provisions of this §21.121 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220019", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION" }, "rule": { "number": "§21.123", "label": "Informal Settlement Conference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220020", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Filing a request. Either party to an interconnection agreement may request an informal settlement conference by filing a written request with the commission and, on the same day, delivering a copy of the request either by hand delivery, electronic mail, or by facsimile to each party, including the party to the interconnection agreement from which the dispute arises. The written request should include:(1) The name, address, telephone number, facsimile number, and email address of each party to the interconnection agreement and the requesting party's designated representative;(2) A description of the parties' efforts to resolve their differences by negotiation;(3) A list of the discrete issues in dispute, with a cross-reference to the area or areas of the agreement applicable or pertaining to the issues in dispute; and(4) The requesting party's proposed solution to the dispute.(b) The settlement conference. The commission staff conducting the informal settlement conference will notify the parties of the time, date, and location of the settlement conference which, if held, will be held no later than ten working days from the date the request was filed. The commission staff may require each party to file a response to the request. The parties should provide the appropriate personnel with authority to discuss and to resolve the disputes at the settlement conference. If the parties are in disagreement as to the need for a settlement conference, the presiding officer may deny the request for good cause.(c) Conduct. The settlement conference will be conducted as an informal meeting and will not be transcribed. Only parties to the interconnection agreement may participate as parties to the settlement conference.(d) Results of settlement conference. The settlement conference may result in an agreement on the resolution of the dispute described in the request. If an agreement is reached, the agreement will be binding on the parties. If the parties do not reach an agreement as a result of the settlement conference, either party may utilize other procedures for dispute resolution provided in this subchapter. The commission staff conducting the informal settlement conference may participate in a subsequent dispute resolution proceeding involving the parties to the informal settlement conference.(e) Both formal dispute resolution and informal settlement request. In the event a party negotiating a request for interconnection, services, or network elements under the Federal Telecommunications Act of 1996 (FTA) has requested both formal dispute resolution and an informal settlement conference, the informal settlement conference will precede formal dispute resolution. If agreed to by both parties, any procedural deadlines applicable to formal dispute resolution will be tolled for the duration of the informal settlement proceedings, including time needed for commission approval of an informal settlement agreement. To the extent parties do not settle all matters at issue in the informal settlement conference, the formal dispute resolution proceeding will not be initiated until the parties jointly file an update of unresolved issues and a revised procedural schedule.", "sourceNote": "Source Note: The provisions of this §21.123 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220020", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION" }, "rule": { "number": "§21.125", "label": "Formal Dispute Resolution Proceeding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107919", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initiation of formal proceeding. A formal proceeding for dispute resolution under this subchapter will commence when a party files a petition with the commission and, on the same day, delivers a copy of the petition either by hand delivery, electronic mail, or by facsimile to each party, including the other party to the interconnection agreement from which the dispute arises (respondent).(1) The petition must comply with §21.33 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission). The petition must include:(A) the name, address, telephone number, facsimile number, and email address of each party to the interconnection agreement and the petitioner's designated representative;(B) a description of the parties' efforts to resolve their differences by negotiation, such as through an informal settlement conference in accordance with §21.123 of this title (relating to Informal Settlement Conference);(C) a detailed list of the discrete issues in dispute, with a cross-reference to the area or areas of the parties' most current interconnection agreement, identified by docket number, applicable or pertaining to the issues in dispute;(D) an identification of pertinent background facts and relevant law or rules applicable to each disputed issue;(E) the petitioner's proposed solution to the dispute;(F) proposed modified contract language, if any; and(G) a certificate of service.(2) To the extent applicable, the petitioner may also include in the petition a request for an expedited ruling under §21.127 of this title (relating to Request for Expedited Ruling) or an interim ruling under §21.129 of this title (relating to Request for Interim Ruling Pending Dispute Resolution).(3) The commission will perform a sufficiency review of a petition. To the extent that a petition is determined to be insufficient, the commission will file a notice of insufficiency within five working days of receipt of the petition. In the absence of a notice of insufficiency, the petition will be presumed sufficient.(4) Where a request for formal dispute resolution found insufficient, the presiding officer may consider dismissal without prejudice in accordance with §21.67 of this title (relating to Dismissal of a Proceeding) and order the party to refile.(b) Response to the petition. Unless §21.127 or §21.129 of this title apply, the respondent must file a response to the petition within ten days after the filing of the petition. On the response filing date, the respondent must serve a copy of the response on the petitioner. The response must specifically affirm or deny each allegation in the petition. The response must include the respondent's position on each issue in dispute, a cross-reference to the area or areas of the parties' most current interconnection agreement, identified by docket number, applicable or pertaining to the issue in dispute, and the respondent's proposed solution on each issue in dispute. In addition, the response also must:(1) stipulate to any undisputed facts; and(2) identify relevant law or rules applicable to each disputed issue.(c) Reply to response to complaint. Unless §21.127 or §21.129 of this title apply, the petitioner may file a reply within five days after the filing of the response to the petition and serve a copy on respondent on the same day. The reply must be limited solely to new issues raised in the response to the petition.(d) Provisions incorporated from §21.95 of this title (relating to Compulsory Arbitration). Except as specified otherwise in this subchapter, the following provisions of §21.95 of this title are incorporated by reference into this subchapter: §21.95(c)-(i) and (k)-(r), except that any discovery schedule must take into consideration the 50-day deadline in subsection (g) of this section.(e) Number of copies to be filed. Unless otherwise ordered by the presiding officer, parties must file a copy of each pleading subject to this subchapter with the commission.(f) Participation. Only parties to the interconnection agreement may participate as parties in the dispute resolution proceeding subject to this subchapter.(g) Notice and hearing. Unless §21.127 or §21.129 of this title apply, the presiding officer will hold the hearing to address the petition no later than 50 days after filing of the complaint. If the parties' joint procedural schedule sets a hearing more than 50 days after the filing of the petition, then approval of the joint procedural schedule will be conditioned upon the parties filing a joint waiver of the 50-day deadline. The presiding officer will notify the parties, not less than 15 days before the hearing, of the date, time, and location of the hearing. The hearing will be transcribed by a court reporter designated by the presiding officer.(h) Authority of presiding officer. The presiding officer has broad discretion in conducting the dispute resolution proceeding, including the authority given to a presiding officer in accordance with §22.202 of this title (relating to Presiding Officer) and in accordance with §21.95 of this title (relating to Compulsory Arbitration). The presiding officer also has the authority to award remedies or relief deemed necessary by the presiding officer to resolve a dispute subject to the procedures established in this subchapter. The authority to award remedies or relief includes the award of prejudgment interest, specific performance of any obligation created in or found by the presiding officer to be intended under the interconnection agreement subject to the dispute, issuance of an injunction, or imposition of sanctions for abuse or frustration of the dispute resolution process subject to this subchapter and Subchapter D of this chapter (relating to Dispute Resolution), except that the presiding officer does not have authority to award punitive or consequential damages.(i) Discovery. Parties may obtain discovery by submitting requests for information (RFIs), which include requests for inspection and production of documents, requests for admissions, and depositions by oral examination, as provided by §22.141(b) of this title (relating to Form and Scope of Discovery), and as allowed within the discretion of the arbitrator.(j) Prefiled evidence and witness list. The arbitrator must require the parties to file a direct case and a joint Decision Point List (DPL) on or before the commencement of the hearing. The arbitrator must require the parties to file their direct cases under the same deadline. The prepared direct case must include all of the party's direct evidence, including written direct testimony of all of its witnesses and all exhibits that the party intends to offer. The DPL must identify all issues to be addressed, the witnesses who will be addressing each issue, and a short synopsis of each witness's position on each issue. Except as provided in §21.77 of this title (relating to Confidential Information), all materials filed with the commission or provided to the arbitrator must be considered public information under the Texas Public Information Act (TPIA), Texas Government Code, §552.001, et seq.(k) Arbitration award.(1) The presiding officer will endeavor to issue a final decision on the dispute resolution within 30 days after the filing of any post-hearing briefs in the dispute resolution proceeding. If no post-hearing briefs are filed, the presiding officer will endeavor to issue a final decision within 30 days of the close of the hearing.(2) The arbitration award will be filed with the commission as a public record and will be mailed by first-class mail to all parties of record in the dispute resolution proceeding. On the same day that the arbitration award is issued, the presiding officer will notify the parties in writing by electronic mail or facsimile that it has been issued. If the decision involves 9-1-1 issues, the presiding officer will also notify the Commission on State Emergency Communications by facsimile on the same day.(3) The arbitration award will be based upon the record of the dispute resolution hearing, and will include a specific ruling on each of the disputed issues presented for resolution by the parties. The presiding officer may agree with the positions of one or more parties on any or all issues or may offer an independent resolution of the issues. The presiding officer is the judge of whether a party has met their burden of proof. The presiding officer may provide for later implementation of specific provisions as addressed in the presiding officer's decision. The decision may also contain the items addressed in §21.95(t)(1) to the extent deemed necessary by the presiding officer to explain or support the decision.(4) Within five working days from the date the arbitrator's decision is issued, any commissioner may place the presiding officer's decision on the agenda for the next available open meeting. The decision will be stayed until the commission affirms or modifies the decision, but such stay will not stay any order of interim relief already in effect in the proceeding(5) If no commissioner places the arbitrator's decision on the open meeting agenda within five working days, the arbitrator's decision is final and effective on the expiration of that fifth working day. The arbitrator must notify the parties when the arbitrator's decision is deemed final under this paragraph.(l) Filing of agreement. Where modifications are ordered, the parties to the interconnection agreement must file in the same docket a copy of the complete agreement with the filing clerk within five working days of approval. The copy must be clearly marked with the control number assigned to the proceeding and the language \"Complete interconnection agreement as approved (or modified and approved) on (insert date).\" Also within 15 working days of the approval of the agreement, the incumbent local exchange company (ILEC) must post notice of the approved interconnection agreement on its website in a manner that is easily identifiable. The ILEC website must provide a complete list of commission-approved interconnection agreements, listed alphabetically by carrier, including docket numbers and effective dates. In addition, the ILEC website must provide a direct link to the commission's website.(m) Motions for reconsideration. Motions for reconsideration are governed by §21.75 of this title (relating to Motions for Clarification and Motions for Reconsideration).", "sourceNote": "Source Note: The provisions of this §21.125 adopted to be effective March 1, 2004, 29 TexReg 1868; amended to be effective August 14, 2024, 49 TexReg 5941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107919", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION" }, "rule": { "number": "§21.127", "label": "Request for Expedited Ruling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107920", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes procedures pursuant to which a party who files a complaint to initiate a dispute resolution under this subchapter may request an expedited ruling when the dispute directly affects the ability of a party to provide uninterrupted service to its customers or precludes the provisioning of any service, functionality, or network element. The presiding officer has the discretion to determine whether the resolution of the complaint may be expedited based on the complexity of the issues or other factors deemed relevant. Except as specifically provided in this section, the provisions and procedures of §21.125 of this title (relating to Formal Dispute Resolution Proceeding) apply. (b) Filing a request. Any request for expedited ruling shall be filed at the same time and in the same document as the complaint filed pursuant to §21.125 of this title. The complaint shall be entitled \"Complaint and Request for Expedited Ruling.\" In addition to the requirements listed in §21.125(a) of this title, the complaint shall also state the specific circumstances that make the dispute eligible for an expedited ruling. (c) Response to complaint. The respondent shall file a response to the complaint within five working days after the filing of the complaint. In addition to the requirements listed in §21.125(b) of this title, the respondent shall state its position on the request for an expedited ruling. The respondent shall serve a copy of the response on the complainant by hand-delivery or facsimile on the same day as it is filed with the commission. (d) Hearing. After reviewing the complaint and the response, the presiding officer will determine whether the complaint warrants an expedited ruling. If so, the presiding officer shall make arrangements for the hearing, which shall, to the extent practicable, commence no later than 20 days after the filing of the complaint. The presiding officer shall notify the parties, not less than three working days before the hearing of the date, time, and location of the hearing. If the presiding officer determines that the complaint is not eligible for an expedited ruling, the presiding officer shall so notify the parties within five days of the filing of the response. (e) Decision Point List (DPL) and witness list. Parties shall file a jointly populated DPL and witness list, in a format approved by the presiding officer, no later than five days before the commencement of the hearing. The presiding officer shall require the parties to file their DPL under the same deadline. The DPL shall identify all issues to be addressed, the witness, if any, who will be addressing each issue, and a short synopsis of each witness's position on each issue. If the schedule accommodates the filing of prefiled testimony, parties' DPL shall include specific citation to the parties' testimony relevant to that issue. Except as provided in §21.77 of this title (relating to Confidential Material), all materials filed with the commission or provided to the presiding officer shall be considered public information under the Texas Public Information Act, Texas Government Code, §552.001, et seq. (f) Decision. The presiding officer shall issue a written decision on the petition within 15 days after the close of the hearing. On the day of the issuance, the presiding officer shall notify the parties by facsimile that the decision has been issued. If the decision involves 9-1-1 issues, the presiding officer shall also notify the Commission on State Emergency Communications (CSEC) by facsimile on the same day. (g) Motions for reconsideration. Motions for reconsideration shall be governed by §21.75 of this title (relating to Motions for Clarification and Motions for Reconsideration).", "sourceNote": "Source Note: The provisions of this §21.127 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107920", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "21", "label": "INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION" }, "rule": { "number": "§21.129", "label": "Request for Interim Ruling Pending Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168139", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose.(1) This section establishes procedures pursuant to which a party who files a petition to initiate a dispute resolution under either §21.125 of this title (relating to Formal Dispute Resolution Proceeding) or §21.127 of this title (relating to Request for Expedited Ruling) may also request an interim ruling on whether the party is entitled to relief pending the resolution of the merits of the dispute.(2) This section is intended to provide an interim remedy when the dispute compromises the ability of a party to provide uninterrupted service or precludes the provisioning of any service, functionality or network element (including issues of pricing and/or payment for any service functionality, or network element when such pricing and/or payment issues effect provisioning).(3) However, in no event may a party obtain interim relief to avoid payment of undisputed amounts. The party seeking an interim ruling on payment issues bears the burden of proof to demonstrate what amounts are not disputed and what payments have been made pursuant to applicable contract provisions.(b) Filing a request. Any request for an interim ruling shall be filed at the same time and in the same document as the petition filed pursuant to §21.125 or §21.127 of this title. The heading of the petition shall include the phrase \"Request for Interim Ruling.\" The petition shall set forth the specific grounds supporting the request for interim relief pending the resolution of the dispute, as well as a statement of the potential harm that may result if interim relief is not provided. A petition that includes a request for interim ruling shall be verified by affidavit. Such petition must list the contact person, address, telephone number, facsimile number, and email address for both the petitioner and respondent.(c) Service. The petitioner shall serve a copy of the petition and request for an interim ruling on the respondent by hand-delivery or facsimile on the same day as the pleading is filed with the commission. The petitioner shall certify on the pleading filed with the commission that service has been accomplished in compliance with this section.(d) Response. The respondent shall file a response to the petition within three working days of the filing of the request for an interim ruling.(e) Hearing. Within six working days of the filing of a petition and request for interim ruling, the presiding officer selected under this subchapter shall conduct a hearing to determine whether interim relief should be granted during the pendency of the dispute resolution process. The presiding officer will notify the parties of the date and time of the hearing by facsimile within three working days of the filing of a petition and request for interim ruling. The parties should be prepared to present their positions and evidence on factors including but not limited to: the type of service requested; the economic and technical feasibilities of providing that service; and the potential harm in providing the service.(f) Evidence. The presiding officer will issue an interim ruling on the request based on the evidence provided at the hearing. Evidence to support a request for interim ruling shall be provided by affidavit or shall be verified.(g) Consideration. The presiding officer may, after notice and opportunity for hearing, grant a request for interim relief only on a showing of good cause. In determining whether good cause exists, the presiding officer shall consider:(1) whether there is a substantial likelihood of success on the merits of the movant's claims;(2) whether there is a substantial threat that the movant will suffer irreparable injury if interim relief is not granted;(3) whether the threatened injury to the movant outweighs any harm that the other party might suffer if interim relief is granted, including consideration of both parties' ability to compete;(4) the need for relief prior to the reasonably anticipated date of a final decision in the proceeding; and(5) any other relevant factors as determined by the presiding officer.(h) Ruling. The presiding officer shall issue a written ruling on the request for interim relief within five working days of the close of the hearing and will notify the parties by facsimile of the ruling. If the decision involves 9-1-1 issues, the presiding officer shall also notify the Commission on State Emergency Communications (CSEC) by facsimile on the same day. The interim ruling will be effective throughout the dispute resolution proceeding until a final decision is issued pursuant to this subchapter, unless overturned by the presiding officer or otherwise determined by the commission upon appeal.", "sourceNote": "Source Note: The provisions of this §21.129 adopted to be effective March 1, 2004, 29 TexReg 1868." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§22.1", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227678", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this chapter is to provide a system of procedures for practice before the Public Utility Commission of Texas that will promote the just and efficient disposition of proceedings and public participation in the decision-making process. The provisions of this chapter shall be given a fair and impartial construction to attain these objectives.(b) Scope.(1) This chapter shall govern the initiation, conduct, and determination of proceedings required or permitted by law, including proceedings referred to SOAH, whether instituted by order of the commission or by the filing of an application, complaint, petition, or any other pleading.(2) This chapter shall govern proceedings under the Texas Utilities Code, Texas Water Code, Texas Health and Safety Code, Texas Government Code, or any other statute granting the Public Utility Commission of Texas authority to conduct proceedings.(3) This chapter shall not be construed so as to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the commission, the commission staff, or the substantive rights of any person.(4) To the extent that any provision of this chapter is in conflict with any statute or substantive rule of the commission, the statute or substantive rule shall control.", "sourceNote": "Source Note: The provisions of this §22.1 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective August 4, 2014, 39 TexReg 5894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227678", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§22.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227679", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms, when used in this chapter, shall have the following meanings, unless the context or specific language of a section clearly indicates otherwise:(1) Administrative law judge--The person designated to preside over a proceeding.(2) APA--The Texas Administrative Procedure Act, codified at Chapter 2001, Texas Government Code.(3) Administrative review--The process under which an application submitted to the commission may be decided without a formal hearing.(4) Affected person--For a matter involving an entity that provides electric or telecommunications service, the definition of affected person has the meaning provided by PURA §11.003(1). For a matter involving an entity that provides water or sewer service, the definition of affected person has the meaning provided by TWC §13.002(1). (5) Applicant--A person, including commission staff, who seeks action from the commission by written application, petition, complaint, notice of intent, appeal, or other pleading that initiates a proceeding.(6) Application--A written application, petition, complaint, notice of intent, appeal, or other pleading that initiates a proceeding.(7) Arbitration--A form of dispute resolution in which each party presents its position on any unresolved issues to an impartial third person who renders a decision on the basis of the information and arguments submitted.(8) Arbitration hearing--The hearing conducted by an arbitrator to resolve any issue submitted to the arbitrator. An arbitration hearing is not a contested case under the APA.(9) Arbitrator--The commission, any commissioner, any commission employee, or any SOAH administrative law judge selected to serve as the presiding officer in a compulsory arbitration hearing.(10) Authorized representative--A person who enters an appearance on behalf of a party, or on behalf of a person seeking to be a party or otherwise to participate in a proceeding. The appearance may be entered in person or by subscribing the representative's name upon any pleading filed on behalf of the party or person seeking to be a party or otherwise to participate in the proceeding. The authorized representative is considered to remain a representative of record unless a statement or pleading to the contrary is filed or stated in the record.(11) Chairman--The commissioner designated by the Governor of the State of Texas to serve as chairman of the commission.(12) Commission--The Public Utility Commission of Texas.(13) Commissioner--One of the members of the Public Utility Commission of Texas.(14) Complainant--A person, including commission staff or the Office of Public Utility Counsel, who files a complaint intended to initiate a proceeding with the commission regarding any act or omission by any person subject to the commission's jurisdiction.(15) Compulsory arbitration--The arbitration proceeding conducted by the commission or its designated arbitrator in accordance with the commission's authority under FTA96 §252.(16) Contested case--A proceeding as defined by APA §2001.003(1). (17) Control number--The number assigned by Central Records to a docket, project, or tariff filing proceeding.(18) Days--Calendar days, not working days, unless otherwise specified by this chapter or the commission's substantive rules.(19) FTA96--The federal Telecommunications Act of 1996, codified under Title 47, United States Code §§151 et seq.(20) Final order--The final disposition, in whole or in part, by the commission of the issues before the commission in a proceeding, rendered in accordance with §22.263 of this title (relating to Final Orders).(21) Financial interest--Any legal or equitable interest, or any relationship as officer, director, trustee, advisor, or other active participant in the affairs of a party. An interest as a taxpayer, utility ratepayer, or cooperative member is not a financial interest. An interest a person holds indirectly by ownership of an interest in a retirement system, institution, or fund which in the normal course of business invests in diverse securities independently of that person's control is not a financial interest.(22) Hearing--Any proceeding at which evidence is taken on the merits of the matters at issue, not including prehearing conferences. (23) Intervenor--A person, other than the applicant, respondent, or commission staff representing the public interest, who is permitted by law or by ruling of the presiding officer, to become a party to a proceeding.(24) Licensing proceeding--Any proceeding involving the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license, including a proceeding regarding a notice of intent to build a new electric generating unit.(25) Major rate proceeding--Any proceeding filed under PURA §§36.101- 36.112, 36.201 - 36.203, 36.205, 51.009, 53.101 - 53.113, 53.201, or 53.202 involving an increase in rates which would increase the aggregate revenues of the applicant more than the greater of $100,000 or 2.5%. In addition, a major rate proceeding is any rate proceeding initiated under PURA §§36.151 - 36.156, 53.151, or 53.152 in which the respondent utility is directed to file a rate filing package. For water and sewer utilities, a rate filing package filed under TWC §13.187 is a major rate proceeding.(26) Mediation--A form of dispute resolution in which an impartial person facilitates communication between parties to promote negotiation and settlement of disputed issues.(27) Municipality--A city, incorporated village, or town, existing, created, or organized under the general, home-rule, or special laws of Texas. A municipality is a person as defined in this section.(28) Party--A party under subchapter F of this chapter (relating to Parties).(29) Person--An individual, partnership, corporation, association, governmental subdivision, entity, or public or private organization.(30) Pleading--A written document submitted by a party, a person seeking to intervene, or an amicus curiae, in a proceeding, setting forth allegations of fact, claims, requests for relief, legal argument, or other matters relating to a proceeding.(31) Prehearing conference--Any conference or meeting of the parties, prior to the hearing on the merits, on the record and presided over by the presiding officer.(32) Presiding officer--The commission, any commissioner, or any hearings examiner or administrative law judge presiding over a proceeding or any portion thereof.(33) Proceeding--Any hearing, investigation, inquiry or other fact-finding or decision-making procedure, including the denial of relief or the dismissal of a complaint, conducted by the commission or SOAH.(34) Project--A rulemaking or other proceeding that is not a docket or a tariff filing proceeding.(35) Protestor--A person who is not a party to the case who submits oral or written comments. A person classified as a protestor does not have rights to participate in a proceeding other than by providing oral or written comments.(36) PURA--The Public Utility Regulatory Act, Texas Utilities Code, Title 2, as amended.(37) Relative--An individual, or spouse of an individual, who is related to the individual in issue, or the spouse of the individual in issue, within the second degree of consanguinity or relationship according to the civil law system.(38) Respondent--A person under the commission's jurisdiction against whom any complaint or appeal has been filed or who is under formal investigation by the commission.(39) Retail Public Utility--Has the meaning as defined by Texas Water Code §13.002(19).(40) Rulemaking--A proceeding under the APA, Texas Government Code, Chapter 2001, subchapter B, conducted to adopt, amend, or repeal a commission rule.(41) SOAH--The State Office of Administrative Hearings.(42) TCEQ--The Texas Commission on Environmental Quality.(43) TWC--The Texas Water Code, as amended.(44) Working day--A day on which the commission is open for the conduct of business.", "sourceNote": "Source Note: The provisions of this §22.2 adopted to\r\nbe effective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective June 4,\r\n1998, 23 TexReg 5660; amended to be effective June 2, 1999, 24 TexReg\r\n3996; amended to be effective March 26, 2001, 26 TexReg 2351; amended\r\nto be effective December 4, 2016, 41 TexReg 9472; amended to be effective\r\nFebruary 25, 2026, 51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227679", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§22.3", "label": "Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227680", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards of Conduct.(1) Every person appearing in any proceeding must comport himself or herself with dignity, courtesy, and respect for the commission, the presiding officer, and all other persons participating in the proceeding. Professional representatives must observe and practice the standard of ethical and professional conduct prescribed for their professions.(2) Upon a finding of a violation of paragraph (1) of this subsection, any party, witness, attorney, or other representative may be excluded by the presiding officer from any proceeding for such period and upon such conditions as are just, or may be subject to other just, reasonable, and lawful disciplinary action as the commission may prescribe.(b) Ex parte communications. Ex parte communications are governed by § 2001.061 of the APA. (1) Unless required for the disposition of an ex parte matter authorized by law, members of the commission or administrative law judges assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of law or fact with any agency, person, party, or their representatives, except on notice and opportunity for all parties to participate. (2) Members of the commission or administrative law judges assigned to render a decision or to make findings of fact or conclusions of law in a contested case may communicate ex parte with employees of the commission who have not participated in the case for the purpose of utilizing the special skills or knowledge of the commission and its staff in evaluating the evidence.(3) Number running procedures do not constitute impermissible ex parte communications if memoranda memorializing such procedures are preserved and made available to all parties of record in the proceeding to which the number running procedures relate.(c) Communications. Communications by public utilities, their affiliates or representatives, or any person with the commission or any employee of the commission are governed by §14.153 of PURA. Records will be kept of all such communications and will be available to the public on a monthly basis.(d) Standards for Recusal or Disqualification of Administrative Law Judges. An administrative law judge must disqualify himself or herself or must recuse himself or herself on the same grounds and under the same circumstances as specified in Rule 18b of the Texas Rules of Civil Procedure.(e) Motions for Disqualification or Recusal of an Administrative Law Judge.(1) Any party may move for disqualification or recusal of an administrative law judge stating with particularity the grounds why the administrative law judge should not sit. The motion must: (A) be made on personal knowledge;(B) set forth such facts as would be admissible in evidence; and (C) be verified by affidavit.(2) The motion must be filed within ten working days after the facts that are the basis of the motion become known to the party, or within 15 working days of the commencement of the proceeding, whichever is later. The motion must be served on all parties in accordance with §22.74 of this title (relating to Service of Pleadings and Documents).(3) A party's response to a motion for disqualification or recusal must be in writing and filed within three working days after the filing of the motion. The administrative law judge may require that responses be made orally at a prehearing conference or hearing.(4) The administrative law judge must rule on the motion for disqualification or recusal within ten working days of the filing of the motion. No hearing will be held on a motion for disqualification or recusal unless ordered by the presiding officer. (A) If the administrative law judge who is the subject of the motion disqualifies or recuses himself or herself, the director of docket management must assign a different administrative law judge to the case.(B) If the administrative law judge who is the subject of the motion declines to disqualify or recuse himself or herself, the director of docket management must assign another administrative law judge to consider and rule on the motion. (i) At the discretion of the assigned administrative law judge, a hearing may be held on the motion. (ii) If the assigned judge finds that the presiding administrative law judge is disqualified or should be recused, the director of docket management must assign a different presiding administrative law judge to the case.(5) The administrative law judge must not rule on any other issues in the proceeding while a motion for disqualification or recusal is pending. In a case that has been referred to SOAH, SOAH must appoint another administrative law judge to preside on all matters that are the subject of the motion for recusal until the issue of disqualification is resolved.(6) The parties to a proceeding may waive any ground for recusal or disqualification after it is fully disclosed on the record, either expressly or by their failure to take action on a timely basis.(7) If the administrative law judge determines that a motion for disqualification or recusal was frivolous or capricious, or filed for purposes of delaying the proceeding, the movant may be sanctioned in accordance with §22.161 of this title (relating to Sanctions).(8) Disqualification or recusal of an administrative law judge, in and of itself, has no effect upon the validity of rulings made or orders issued prior to the time the motion for recusal or disqualification was filed.(f) Standards for Recusal of Commissioners. A commissioner must recuse himself or herself from sitting in a proceeding, or from deciding one or more issues in a proceeding, in which any one or more of the following circumstances exist: (1) the commissioner in fact lacks impartiality or the commissioner's impartiality has been reasonably questioned;(2) the commissioner, or any relative of the commissioner, is a party or has a financial interest in the subject matter of the issue or in one of the parties, or the commissioner has any other interest that could be substantially affected by the determination of the issue; or(3) the commissioner or a relative of the commissioner has participated as counsel, advisor, or witness in the proceeding or matter in controversy.(g) Motion for Recusal of a Commissioner.(1) Any party may move for recusal of a commissioner stating with particularity grounds why the commissioner should not sit. Such a motion must be filed prior to the date the commission is scheduled to consider the matter unless the information upon which the motion is based was not known or discoverable with reasonable effort prior to that time. The motion must: (A) be made on personal knowledge, (B) set forth such facts as would be admissible in evidence, and (C) be verified by affidavit.(2) Subject to the provisions of paragraph (1) of this subsection the motion must be filed within ten working days after the facts that are the basis of the motion become known to the party or within 15 days of the commencement of the proceeding, whichever is later. The motion must be served on all parties and the commissioner for whom recusal is sought in accordance with §22.74 of this title.(3) Parties may file written responses to the motion within seven working days from the date of filing the motion. The commission may require that responses be made orally at an open meeting.(4) The commissioner sought to be recused must issue a decision as to whether he or she agrees that recusal is appropriate or required before the commission is scheduled to act on the matter for which recusal is sought, or within 15 days after filing of the motion, whichever occurs first.(5) The parties to a proceeding may waive any ground for recusal after it is fully disclosed on the record, either expressly or by their failure to take action on a timely basis.(6) Recusal of a commissioner, in and of itself, has no effect upon the validity of rulings made or orders issued prior to the time the motion for recusal was filed.", "sourceNote": "Source Note: The provisions of this §22.3 adopted to\r\nbe effective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective June 4,\r\n1998, 23 TexReg 5660; amended to be effective February 25, 2026, 51\r\nTexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227680", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§22.4", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8326", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Counting Days. In computing any period of time prescribed or allowed by this chapter, by order of the commission or any administrative law judge, or by any applicable statute, the period begins on the day after the act, event, or default in question. The period concludes on the last day of the designated period unless that day is not a working day, in which event the designated period runs until 5:00 P.M. Central Prevailing Time of the next working day.(b) Extensions. Unless otherwise provided by statute, the time for filing any documents may be extended by the presiding officer, upon the filing of a motion, prior to the expiration of the applicable period of time, showing that there is good cause for such extension of time and that the need for the extension is not caused by the neglect, indifference, or lack of diligence of the party making the motion.", "sourceNote": "Source Note: The provisions of this §22.4 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective February\r\n25, 2026, 51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8326", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS AND DEFINITIONS" }, "rule": { "number": "§22.5", "label": "Suspension of Rules and Commission-Prescribed Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227681", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Suspension. The commission may suspend the operation of one or more of the sections in this chapter if there exists a public emergency or imperative public necessity and the commission ascertains that suspension will best serve the public interest and will not prejudice the rights of any party.(b) Good cause exception. Notwithstanding any other provision of this chapter, the presiding officer may grant exceptions to any requirement in this chapter or in a commission-prescribed form for good cause.", "sourceNote": "Source Note: The provisions of this §22.5 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227681", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "B", "label": "THE ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§22.21", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "114003", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission will meet at times and places to be determined either by the chairman of the commission or by agreement of a majority of the commissioners.(b) The chairman of the commission will preside over any proceeding or meeting of the commission, unless some other commissioner is designated by the chairman to preside.(c) Notice of all commission meetings will be provided in accordance with the Open Meetings Act, Texas Government Code, Chapter 551, as amended, and the APA.", "sourceNote": "Source Note: The provisions of this §22.21 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective February\r\n25, 2026, 51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "114003", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "B", "label": "THE ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§22.22", "label": "Service on the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227682", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission's Executive Director, or the Executive Director's authorized representative, shall have the authority to accept service of all papers or other legal documents served on the commission or any of its members if served in their official capacity and not individually. Pursuant to Texas Government Code §2001.176(b)(2), for a petition initiating judicial review, the commission shall be served a copy of the actual petition.(1) Preferred method of service. Delivery to the Executive Director, or the authorized representative, in person, a true copy of the citation with a copy of the petition attached.(2) Alternative method of service. Mailing to the Executive Director, by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached.(b) For appeals filed pursuant to the Public Utility Regulatory Act §39.001(f), parties shall provide a courtesy copy of the appeal to the commission's Executive Director, simultaneous to completing legal service pursuant to the Texas Rules of Appellate Procedure.", "sourceNote": "Source Note: The provisions of this §22.22 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective June 18, 1998, 23 TexReg 6201; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective August 9, 2004, 29 TexReg 7670." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227682", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "B", "label": "THE ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§22.23", "label": "Delegation of Authority to Request Representation by the Attorney General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227683", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission delegates to the chairman the authority to request representation by the attorney general for any purpose authorized by law.(b) In the event the chairman is unavailable, the commission delegates the authority granted in subsection (a) of this section to any other commissioner. If no commissioner is available, the commission delegates the authority granted in subsection (a) of this section to the executive director or his or her authorized representative.", "sourceNote": "Source Note: The provisions of this §22.23 adopted to be\r\neffective October 3, 2019, 44 TexReg 5616; amended to be effective\r\nFebruary 25, 2026, 51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227683", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "C", "label": "CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING" }, "rule": { "number": "§22.31", "label": "Classification in General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181310", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Classification and assignment of control number. Central Records will determine whether an application or other document initiating a proceeding should be designated as a docket, tariff filing, or project. Central Records will assign an appropriate control number to each docket, tariff filing, or project.(b) Control numbering system. Central Records will establish and maintain a control numbering system.(c) Control number log. Central Records will maintain a record or log of all applications or other documents assigned a control number, which will include the style, the date the application or other document was filed or the proceeding initiated, the nature of the proceeding, and the presiding officer assigned to the proceeding, if any. The log will be accessible to the public.(d) Control number assignment. A control number will be assigned to a proceeding only at the time of filing an application unless otherwise required by rule or on approval of the Office of Policy and Docket Management or the director's designee. (e) Closing unused control numbers. Any control number assigned before the filing of an application may be closed by the presiding officer if the application is not filed within 25 days of assignment of the control number.", "sourceNote": "Source Note: The provisions of this §22.31 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective July 22,\r\n1998, 23 TexReg 7364; amended to be effective December 4, 2016, 41\r\nTexReg 9472; amended to be effective February 25, 2026, 51 TexReg\r\n1072." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181310", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "C", "label": "CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING" }, "rule": { "number": "§22.32", "label": "Administrative Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181311", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications qualified for administrative review. An application, other than a major rate proceeding, may be approved by an administrative law judge without a hearing or action by the commission, under the following conditions:(1) the commission has referred the application to SOAH for processing;(2) at least 30 days have passed since the completion of all notice requirements;(3) the matter has been fully stipulated so that there are no issues of fact or law disputed by any party; and(4) the administrative law judge finds that no hearing or commission action is necessary and that administrative review is warranted.(b) TWC applications without notice requirements. An administrative law judge, without a hearing or action by the commission, may approve an application filed under the TWC that does not require a notice or hearing.(c) Administrative law judge's order. If an application qualifies for administrative review, the administrative law judge shall issue an order with proposed findings of fact and conclusions of law as soon as is reasonably practicable. The order shall be served upon each commissioner and all parties.(d) Finality of order. At the request of any commissioner or the administrative law judge, the order shall be placed on the agenda to be considered in open meeting. On such request, the Commission Advising and Docket Management Division shall provide notice to the parties that the order will be considered by the commission at open meeting and the open meeting at which the order will be considered. The commission may approve the order of the administrative law judge, vacate the order of the administrative law judge and remand the docket for hearing or additional proceedings, or modify the order with the agreement of the parties. The order is deemed approved and becomes final 20 days after issuance by the administrative law judge unless before the 20th day the administrative law judge or a commissioner has requested that the order be considered by the commission at open meeting, in which case the order may become final only after action by the commission in open meeting.(e) Notice requirements. Nothing in this section shall be construed to alter any notice requirement imposed on any proceeding by statute, rule, or order.(f) Time limits. Nothing in this section shall be construed to alter any time limit imposed on any proceeding by a statute, rule, or order.(g) Exceptions to administrative law judge's order. Nothing in this section shall be construed to preclude any party from filing exceptions to the administrative law judge's order, provided such exceptions are filed with the commission within 15 days after the issuance of the administrative law judge's order.", "sourceNote": "Source Note: The provisions of this §22.32 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181311", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "C", "label": "CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING" }, "rule": { "number": "§22.33", "label": "Tariff Filings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8330", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability and classification. This section shall apply to undocketed applications by utilities to change their tariffs. Such tariff filings shall be classified as \"electric tariff filings,\" \"regular telephone tariff filings,\" \"special telephone tariff filings,\" or \"water or sewer utility tariff filings.\" Electric tariff filings shall be those applications filed under §25.241 of this title (relating to Form and Filing of Tariffs). Regular telephone tariff filings shall be those applications filed under §26.207 of this title (relating to Form and Filing of Tariffs) and §26.208 of this title (relating to General Tariff Provisions). Special telephone tariff filings shall be those applications filed by telecommunications utilities under §26.209 of this title (relating to New and Experimental Services), §26.211 of this title (relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges), and §26.210 of this title (relating to Promotional Rates for Local Exchange Company Services) or PURA, §§53.251, 53.252, 53.301-53.308 or 55.004. Water or sewer utility tariff filings shall be those applications filed under §24.21 of this title (relating to Form and Filing of Tariffs), except those filed by a water supply or sewer service corporation as those terms are defined in the TWC. This section shall apply unless it is inconsistent with chapters 24, 25, or 26 of this title, or PURA or the TWC.(b) Standards for docketing. Tariff filings, other than a tariff filing made in compliance with a rule or final order of the commission, shall be docketed under the following circumstances:(1) if an electric, regular telephone, or water or sewer utility tariff filing would change the revenues received by the utility for an existing service;(2) if an electric, regular telephone, or water or sewer utility tariff filing would allow the utility to begin charging for a service previously available but for which there was not a separate charge;(3) if an electric or regular telephone tariff filing would eliminate an existing service to which one or more customers actually subscribe;(4) if an electric or regular telephone tariff filing would increase a customer's bill even though the rate for a particular service is not being changed;(5) if the commission's staff recommends disapproval or approval with modification and the utility requests a hearing; or(6) if the commission receives a request to intervene.(c) Effective date. Except for tariffs required to be filed under a commission rule specifying the effective date of such tariffs and for tariffs filed in compliance with a final order of the commission, no electric or regular telephone tariff filing may take effect prior to 35 days after filing unless approved by the presiding officer. The requested effective date will be assumed to be 35 days after filing unless the applicant requests a different date in its application. The presiding officer may suspend the operation of the electric or regular telephone tariff filing for 150 days beyond the effective date, or, with the agreement of the applicant, to a later date.(d) Duties of presiding officer. The presiding officer may establish reasonable deadlines for comments or recommendations, may issue other orders as necessary to facilitate the processing of the tariff filing, and shall issue a notice of approval, approval with modification, denial, or docketing.(e) Appeal of interim orders and notices of docketing. Interim orders and notices of docketing regarding tariff filings shall be appealable to the commission under §22.123 of this title (relating to Appeal of an Interim Order and Motions for Reconsideration of Interim Order Issued by the Commission).(f) Effect of notices of approval, approval with modification, and denial. A notice of approval, approval with modification, or denial of a tariff filing shall be the final determination of the commission regarding the tariff filing, and shall be subject to motions for rehearing under §22.264 of this title (relating to Rehearing).", "sourceNote": "Source Note: The provisions of this §22.33 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective September 20, 2000, 25 TexReg 9216; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8330", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "C", "label": "CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING" }, "rule": { "number": "§22.34", "label": "Consolidation and Severance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86022", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Consolidation. A motion for consolidation of proceedings shall be in writing. With prior notice to the parties, the presiding officer may order the consolidation of proceedings on his or her own initiative. Proceedings may be consolidated if the presiding officer finds that: the proceedings involve common questions of law or fact; consolidation would serve the interest of efficiency or prevent unwarranted expense and delay; and the applicant's ability to present its case and other parties' ability to respond to the applicant's case are not unduly prejudiced. Proceedings shall be consolidated if requested based on the agreement of all parties, and if such consolidation would not unreasonably curtail the time available to process one or more of the proceedings proposed for consolidation.(b) Severance. A motion for severance of a proceeding or issue within a proceeding shall be in writing. With prior notice to the parties, the presiding officer may order the severance of proceedings on his or her own initiative. Proceedings or issues may be severed if the presiding officer finds that severance would serve the interest of efficiency or prevent unwarranted expense and delay, and the applicant's ability to present its case and other parties' ability to respond to the applicant's case would not be unduly prejudiced. Proceedings or issues within a proceeding shall be severed if requested based on the agreement of all parties.", "sourceNote": "Source Note: The provisions of this §22.34 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86022", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "C", "label": "CLASSIFICATION OF APPLICATIONS OR OTHER DOCUMENTS INITIATING A PROCEEDING" }, "rule": { "number": "§22.35", "label": "Informal Disposition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214258", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications qualified for informal disposition. An application, other than a major rate proceeding, may be approved by the commission without a hearing under the following conditions:(1) at least 15 days have passed since the completion of all notice requirements;(2) the decision is not adverse to any party other than the commission staff; and(3) the commission finds that no hearing is necessary.(b) Methods of disposition.(1) Notice of approval. Upon delegation by the commission, certain uncontested applications may be approved by the presiding officer through a notice of approval without consideration by the commission at open meeting. The commission shall maintain a list of the types of applications eligible for disposition by notice of approval.(2) Proposed order. For all other applications, the presiding officer shall prepare a proposed order which shall be served on all parties no less than 20 days before the commission is scheduled to consider the application in open meeting.(c) Corrections and exceptions.(1) Corrections to notice of approval. Parties may file suggested corrections to a notice of approval within 15 days of the issuance of such notice. Corrections may be made at the discretion of the presiding officer.(2) Exceptions to proposed order. Parties may file exceptions or suggested corrections to the proposed order, no less than seven days before the commission is scheduled to consider the application in an open meeting.(d) Rehearing. Nothing in this section shall be construed to alter a party's ability to request rehearing pursuant to §22.264 of this title (relating to Rehearing).(e) Notice requirements. Nothing in this section shall be construed to alter any notice requirement imposed on any proceeding by statute, rule, or order.(f) Time limits. Nothing in this section shall be construed to alter any time limit imposed on any proceeding by a statute, rule, or order.", "sourceNote": "Source Note: The provisions of this §22.35 adopted to be effective September 8, 1995, 20 TexReg 6627; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective March 26, 2001, 26 TexReg 2351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214258", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "D", "label": "NOTICE" }, "rule": { "number": "§22.51", "label": "Notice for Public Utility Regulatory Act, Chapter 36, Subchapters C - E; Chapter 51, §51.009; and Chapter 53, Subchapters C - E, Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227684", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice in a proceeding seeking a rate increase. In proceedings under PURA, Chapter 36, Subchapters C and E; Chapter 51, §51.009; or Chapter 53, Subchapters C and E involving the commission's original jurisdiction over a utility's proposed increase in rates, the applicant must give notice in the following manner:(1) Publication of notice. The applicant must publish notice of its statement of intent to change rates in a conspicuous form and place at least once a week for four consecutive weeks prior to the effective date of the proposed rate change, in a newspaper having general circulation in each county containing territory affected by the proposed rate change. The published notice must contain the following information:(A) the effect the proposed change is expected to have on the revenues of the company for major rate proceedings, the change must be expressed as an annual dollar increase over adjusted test year revenues and as a percent increase over adjusted test year revenues;(B) the effective date of the proposed rate change;(C) the classes and numbers of utility customers affected by the rate change;(D) a description of the service for which a change is requested;(E) whenever possible, the established intervention deadline; and(F) the following language: \"Persons who wish to intervene in or comment upon these proceedings should notify the Public Utility Commission of Texas (commission) as soon as possible, as an intervention deadline will be imposed. A request to intervene or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at 1-800-735-2989. The deadline for intervention in the proceeding is 45 days after the date the application was filed with the commission.\"(2) Notice by mail. The applicant must mail notice of its statement of intent to change rates to all of the applicant's affected customers. This notice may be mailed separately or may be mailed with customer billings. At the top of this notice, the following language must be printed in prominent lettering: \"Notice of Rate Change Request.\" The notice must meet the requirements of paragraph (1) of this subsection. Whenever possible, the established intervention deadline must be included in the notice.(3) Notice to municipalities. The applicant must mail or deliver a copy of the statement of intent to the appropriate officer of each affected municipality at least 35 days prior to the effective date of the proposed rate change.(b) Notice in PURA, Chapter 36, Subchapters C and E; Chapter 51, §51.009; or Chapter 53, Subchapters C and E proceeding seeking a rate decrease. In proceedings initiated pursuant to PURA, Chapter 36, Subchapters C and E; Chapter 51, §51.009; or Chapter 53, Subchapters C and E in which a rate reduction that does not involve a rate increase for any customer is sought, the applicant must give notice in the following manner:(1) Publication not required. The applicant may not be required to publish notice of its statement of intent to change rates in any newspaper when the utility is seeking to reduce rates for all affected customers.(2) Notice by mail to affected customers. The applicant must mail notice of the proposed rate decrease to all of the applicant's affected customers. This notice may be mailed separately or may be mailed with customer billings. At the top of this notice, the following language must be printed in prominent lettering: \"Notice of Rate Decrease Request.\" The notice must contain the following information:(A) the effect the proposed change is expected to have on the revenues of the applicant, expressed as an annual dollar decrease from adjusted test year revenues and as a percent decrease from adjusted test year revenues;(B) the effective date of the proposed rate decrease;(C) the classes and numbers of utility customers affected by the rate decrease;(D) a description of the service for which a rate change is requested;(E) whenever possible, the established intervention deadline; and(F) the following language: \"Persons who wish to intervene in or comment upon these proceedings should notify the Public Utility Commission of Texas (commission) as soon as possible, as an intervention deadline will be imposed. A request to intervene or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at 1-800-735-2989. The deadline for intervention in the proceeding is 45 days after the date the application was filed with the commission.\"(3) Notice to municipalities. The applicant must mail or deliver a copy of the statement of intent to the appropriate officer of each affected municipality at least 35 days prior to the effective date of the proposed rate decrease.(c) Notice in PURA, Chapter 36, Subchapter D; or Chapter 53, Subchapter D rate investigation. In an investigation into a utility's rates pursuant to PURA, Chapter 36, Subchapter D; or Chapter 53, Subchapter D, the presiding officer may require the utility under investigation to provide reasonable notice to its customers and affected municipalities. Reasonable notice may include notice of the type set forth in subsection (a) of this section.(d) Affidavits regarding notice. The applicant must submit affidavits attesting to the provision of the notice required or ordered pursuant to this section within a reasonable time and by such date as may be established by the presiding officer.(1) Publisher's affidavits. Proof of publication of notice must be made in the form of a publisher's affidavit which must specify the newspaper(s) in which the notice was published; the county or counties in which the newspaper(s) is or are of general circulation; and the dates upon which the notice was published.(2) Affidavit for notice to affected customers. If notice to affected customers has been provided, an affidavit attesting to the provision of notice to affected customers must specify the dates of the provision of such notice; the means by which such notice was provided; and the affected customer classes to which such notice was provided.(3) Affidavit for notice to municipality. An affidavit attesting to the provision of notice to municipalities must specify the dates of the provision of notice and the identity of the individual cities to which such notice was provided.", "sourceNote": "Source Note: The provisions of this §22.51 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective November 11, 1996, 21 TexReg 10742; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective July 19, 2023, 48 TexReg 3899." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227684", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "D", "label": "NOTICE" }, "rule": { "number": "§22.52", "label": "Notice in Licensing Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227685", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice in electric licensing proceedings. In all electric licensing proceedings, except minor boundary changes and service area exceptions, the applicant must give notice in the following ways: (1) An applicant must publish notice of the applicant's intent to secure or amend a certificate of convenience and necessity in a newspaper having general circulation in the county or counties where a certificate of convenience and necessity is being requested, no later than the week after the application is filed with the commission. This notice must identify the commission's docket control number and the style assigned to the case by Central Records. In electric transmission line cases, the applicant must obtain the docket control number and style no earlier than 25 days prior to making the application by filing a preliminary pleading requesting a docket assignment. The notice must identify in general terms the type of facility if applicable, and the estimated expense associated with the project. The notice must describe all routes without designating a preferred route or otherwise suggesting that a particular route is more or less likely to be selected than one of the other routes.(A) The notice must include all the information required by the standard format established by the commission for published notice in electric licensing proceedings. The notice must state the date established for the deadline for intervention in the proceeding (date 45 days after the date the formal application was filed with the commission; or date 30 days after the date the formal application was filed with the commission for an application for certificate of convenience and necessity filed under PURA §39.203(e) or an application for a certificate of convenience and necessity for a new transmission facility subject to PURA §37.057) and that a letter requesting intervention should be received by the commission by that date.(B) The notice must describe in clear, precise language the geographic area for which the certificate is being requested and the location of any alternative routes of the proposed facility using route segments proposed by the applicant. This description must refer to area landmarks, including geographic landmarks, municipal and county boundary lines, streets, roads, highways, railroad tracks, and any other readily identifiable points of reference, unless no such references exist for the geographic area. In addition, the notice must include a map that identifies any of the alternative locations of the proposed routes and all major roads, transmission lines, and other features of significance to the areas that are used in the utility's written notice description.(C) The notice must state a location where a detailed routing map may be reviewed. The map must clearly and conspicuously illustrate the location of the area for which the certificate is being requested including all the alternative locations of the proposed routes, and must reflect area landmarks, including geographic landmarks, municipal and county boundary lines, streets, roads, highways, railroad tracks, and any other readily identifiable points of reference, unless no such references exist for the geographic area.(D) Proof of publication of notice must be in the form of a publisher's affidavit which must specify each newspaper in which the notice was published, the county or counties in which each newspaper is of general circulation, the dates upon which the notice was published, and a copy of the notice as published. Proof of publication must be submitted to the commission as soon as available.(E) The applicant must provide a copy of each environmental impact study or assessment for the project to the Texas Parks and Wildlife Department (TPWD) for its review within seven days of filing the application. Proof of submission of the information to TPWD must be provided in the form of an affidavit to the commission, which must specify the date the information was mailed or otherwise provided to TPWD, and must provide a copy of the cover letter or other documentation that confirms that the information was provided to TPWD.(2) The applicant must, on the date it files an application, mail notice of its application to municipalities within five miles of the requested territory or facility, neighboring utilities providing the same utility service within five miles of the requested territory or facility, each county government for all counties in which any portion of the proposed facility or requested territory is located, and the Department of Defense Military Aviation and Installation Assurance Siting Clearinghouse or similar entity as designated by the Department of Defense. In addition, the applicant must, upon filing the application, serve the notice on the Office of Public Utility Counsel using a method specified in §22.74(b) of this title (relating to Service of Pleadings and Documents). The notice must contain the information as set out in paragraph (1) of this subsection and a map as described in paragraph (1)(C) of this subsection. An affidavit attesting to the provision of notice to municipalities, utilities, counties, the Department of Defense Military Aviation and Installation Assurance Siting Clearinghouse or similar entity as designated by the Department of Defense, and the Office of Public Utility Counsel must specify the dates of the provision of notice and the identity of the individual municipalities, utilities, and counties to which such notice was provided. Before final approval of any modification to the applicant's proposed route, applicant must provide notice as required under this paragraph to municipalities, utilities, and counties affected by the modification which have not previously received notice. The notice of modification must state such entities will have 20 days to intervene. (3) The applicant must, on the date it files an application, mail notice of its application to the owners of land, as stated on the current county tax rolls, who would be directly affected by the requested certificate. For purposes of this paragraph, land is directly affected if an easement or other property interest would be obtained over all or any portion of it, or if it contains a habitable structure that would be within 300 feet of the centerline of a transmission project of 230kV or less, or within 500 feet of the centerline of a transmission project greater than 230kV. For purposes of this paragraph, land is also directly affected if it is adjacent to a property on which a substation proposed to be authorized by the certificate of convenience and necessity will be located or is directly across a highway, road, or street that is adjacent to a property on which such a substation will be located. (A) Required contents of notice. The notice must contain all information required in paragraph (1) of this subsection and must include all the information required by the standard notice letter to landowners prescribed by the commission. The commission's docket control number pertaining to the application must be stated in all notices. The notice must also include a copy of the \"Landowners and Transmission Line Cases at the PUC\" brochure prescribed by the commission.(B) Map of route. The notice must include a map as described in paragraph (1)(C) of this subsection.(C) Notice of proposed substations. Notice of each substation proposed to be authorized by a certificate of convenience and necessity to each owner of:(i) property adjacent to the property on which the proposed substation will be located; and(ii) property located directly across a highway, road, or street that is adjacent to the property on which the proposed substation will be located.(D) Issuance of notice prior to final approval. Before final approval of any modification in the applicant's proposed route, applicant must provide notice as required under subparagraphs (A) through (C) of this paragraph to all landowners directly affected by the modification who have not already received notice. Proof of notice of the modification may be established by an affidavit affirming that the applicant sent notice by first-class mail to each landowner directly affected by the modification as listed on the current county tax rolls.(E) Proof of notice. Proof of notice may be established by an affidavit affirming that the applicant sent notice by first-class mail to each of the persons listed as an owner of directly affected land on the current county tax rolls. The proof of notice must include a list of all landowners to whom notice was sent and a statement of whether any formal contact related to the proceeding between the utility and the landowner other than the notice has occurred. This proof of notice must be filed with the commission no later than 20 days after the filing of the application.(F) Cure of insufficient notice. Upon the filing of proof of notice as described in subparagraph (E) of this paragraph, the lack of actual notice to any individual landowner will not in and of itself support a finding that the requirements of this paragraph have not been satisfied. If, however, the utility finds that an owner of directly affected land has not received notice, it must immediately advise the commission by written pleading and must provide notice to such landowners by priority mail, with delivery confirmation, in the same form described in subparagraphs (A) through (C) of this paragraph, except that the notice must state that the person has fifteen days from the date of delivery to intervene. The utility must immediately file a supplemental affidavit of notice with the commission.(4) The utility must hold at least one public meeting prior to the filing of its licensing application if 25 or more persons would be entitled to receive direct mail notice of the application. Direct mail notice of the public meeting must be sent by first-class mail to each of the persons listed on the current county tax rolls as an owner of land within 300 feet of the centerline of a transmission project of 230kV or less, an owner of land within 500 feet of the centerline of a transmission project greater than 230kV, an owner of land adjacent to a property on which a substation proposed to be authorized by the certificate of convenience and necessity will be located, or an owner of land directly across a highway, road, or street that is adjacent to such a substation. The utility must also provide written notice of the public meeting to the Department of Defense Military Aviation and Installation Assurance Siting Clearinghouse or similar entity as designated by the Department of Defense . In the notice for the public meeting, at the public meeting, and in other communications with a potentially affected person, the utility must not describe routes as preferred routes or otherwise suggest that a particular route is more or less likely to be selected than one of the other routes. If no public meeting is held, the utility must provide written notice of the planned filing of an application to the Department of Defense Military Aviation and Installation Assurance Siting Clearinghouse or similar entity as designated by the Department of Defense prior to completion of the routing study.(5) Failure to provide notice in accordance with this section will be cause for day-for-day extension of deadlines for intervention and for commission action on the application.(6) Upon entry of a final, appealable order by the commission approving an application, the utility must provide notice to all owners of land who previously received direct notice. Proof of notice under this subsection must be provided to the commission's staff.(A) If the owner's land is directly affected by the approved route, the notice must consist of a copy of the final order.(B) If the owner's land is not directly affected by the approved route, the notice must consist of a brief statement that the land is no longer the subject of a pending proceeding and will not be directly affected by the facility.(7) All notices of an applicant's intent to secure a certificate of convenience and necessity whether provided by publication or direct mail must include the following language: \"All routes and route segments included in this notice are available for selection and approval by the Public Utility Commission of Texas.\"(b) Notice in telephone licensing proceedings. In all telephone licensing proceedings, except minor boundary changes, applications for a certificate of operating authority, or applications for a service provider certificate of operating authority, the applicant must give notice in the following ways:(1) Applicants must publish in a newspaper having general circulation in the county or counties where a certificate of convenience and necessity is being requested, once each week for two consecutive weeks, beginning the week after the application is filed, notice of the applicant's intent to secure a certificate of convenience and necessity This notice must identify the commission's docket control number and the style assigned to the case by Central Records. This notice must identify in general terms the types of facilities, if applicable, the area for which the certificate is being requested, and the estimated expense associated with the project. The notice must state the established intervention deadline. The notice must also include the following statement: \"Persons with questions about this project should contact (name of utility contact) at (utility contact telephone number). Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission, P.O. Box 13326, Austin, Texas 78711-3326, or call the Public Utility Commission at (Commission local and toll-free telephone numbers). Hearing- and speech-impaired individuals may contact the commission through Relay Texas at (Relay Texas telephone number). The deadline for intervention in the proceeding is (date 70 days after the date the application was filed with the commission) and you must request intervention to the commission by that date.\" Proof of publication of notice must be in the form of a publisher's affidavit, which must specify the newspaper or newspapers in which the notice was published; the county or counties in which the newspaper or newspapers is or are of general circulation; the dates upon which the notice was published and a copy of the notice as published. Proof of publication must be submitted to the commission as soon as available.(2) Applicant must also mail notice of its application, which must contain the information as set out in paragraph (1) of this subsection, to cities and to neighboring utilities providing the same service within five miles of the requested territory or facility. Applicant must also provide notice to the county government of all counties in which any portion of the proposed facility or territory is located. The notice provided to county governments must be identical to that provided to cities and to neighboring utilities. An affidavit attesting to the provision of notice to counties must specify the dates of the provision of notice and the identity of the individual counties to which such notice was provided.(3) Failure to provide notice in accordance with this section will be cause for day-for-day extension of deadlines for intervention.", "sourceNote": "Source Note: The provisions of this §22.52 adopted\r\nto be effective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective March 1,\r\n1996, 21 TexReg 1393; amended to be effective November 11, 1996, 21\r\nTexReg 10742; amended to be effective July 22, 1998, 23 TexReg 7364;\r\namended to be effective July 15, 1999, 24 TexReg 5186; amended to\r\nbe effective March 26, 2001, 26 TexReg 2351; amended to be effective\r\nJanuary 1, 2003, 27 TexReg 10011; amended to be effective September\r\n2, 2009, 34 TexReg 5907; amended to be effective June 1, 2011, 36\r\nTexReg 3178; amended to be effective November 20, 2011, 36 TexReg\r\n7665; amended to be effective December 4, 2016, 41 TexReg 9472; amended\r\nto be effective June 8, 2017, 42 TexReg 2915; amended to be effective\r\nJuly 19, 2023, 48 TexReg 3899; amended to be effective December 20,\r\n2023, 48 TexReg 7501; amended to be effective February 25, 2026, 51\r\nTexReg 1073." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227685", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "D", "label": "NOTICE" }, "rule": { "number": "§22.53", "label": "Notice of Regional Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8331", "queryAsDate": "03/11/2026" }, "ruleBody": "The presiding officer may require the utility that is the subject of a proceeding to publish conspicuous notice of a regional hearing in newspapers of general circulation in the general area of the hearing and to provide other reasonable notice to customers and affected municipalities.", "sourceNote": "Source Note: The provisions of this §22.53 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nFebruary 25, 2026, 51 TexReg 1073." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8331", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "D", "label": "NOTICE" }, "rule": { "number": "§22.54", "label": "Notice To Be Provided by the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "450", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice in Original or Appellate Jurisdiction Proceedings. In any proceeding, other than a petition for rulemaking, invoking the commission's original or appellate jurisdiction, the commission shall provide notice in accordance with APA in addition to any other notice required by law. Ten days notice shall be given of the initial prehearing conference in a proceeding. After the initial prehearing conference, reasonable notice of subsequent prehearing conferences may be provided on the record in a prehearing conference or by written notice to the parties.(b) Notice in Rulemaking Proceedings. The commission shall provide notice of the proposed adoption of any rule pursuant to APA, §§2001.021-2001.037.", "sourceNote": "Source Note: The provisions of this §22.54 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "450", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "D", "label": "NOTICE" }, "rule": { "number": "§22.55", "label": "Notice in Other Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227686", "queryAsDate": "03/11/2026" }, "ruleBody": "In proceedings other than those governed by §§22.51-22.53 of this title (relating to Notice), the presiding officer may require a party to provide reasonable notice to affected persons.", "sourceNote": "Source Note: The provisions of this §22.55 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227686", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "D", "label": "NOTICE" }, "rule": { "number": "§22.56", "label": "Notice of Unclaimed Funds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226956", "queryAsDate": "03/11/2026" }, "ruleBody": "The applicant must notify the Comptroller of Public Accounts of proceedings in which there may be a specific amount of money to be refunded to ratepayers who may need to be located. This rule does not apply in fuel refund proceedings.", "sourceNote": "Source Note: The provisions of this §22.56 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nJuly 22, 1998, 23 TexReg 7364; amended to be effective February 25,\r\n2026, 51 TexReg 1073." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226956", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.71", "label": "Commission Filing Requirements and Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226957", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes requirements for the submission of items to the commission and for use of such items as the agency's copy of record. (b) Methods of filing. The method of filing an item is dependent on the nature of the item.(1) Interchange. The following items must be filed for posting to the commission's Interchange, which can be accessed on the commission's website, unless otherwise ordered by the commission or requested by the presiding officer or an employee of the commission: (A) Pleadings;(B) All documents relating to a rulemaking;(C) Registrations, certifications, or reports required by statute or rule to be filed with the commission;(D) Letters, memoranda, or other documents relating to any commission proceeding;(E) Maps, geographic information system (GIS) data, or other visual information such as charts, photographs, or illustrations relating to any commission proceeding; (F) Any document included as part of the record in all matters or commission proceedings, including protective orders and protective order certifications; (G) Any document presented to the commission during an open meeting if that document is not already included as part of the record in a contested case proceeding; and(H) Any other item required to be filed by statute, commission rule, or commission order for which an alternative method of submission is not specified.(2) Internet applications and portals. The commission may establish an alternative method, such as an internet application or portal, for electronic filing of specific types of content, such as routine reporting requirements. For each alternative method of filing, commission staff must propose filing instructions for the commission's consideration that address:(A) the items to which the alternative method applies; (B) the process for accessing the alternative method, such as establishing an account and password, and entering required information; (C) which data formats are acceptable or required by the method;(D) the process, if any, for designating data elements as confidential, which must recognize the public's right to transparent and accessible information; (E) the process to view data submitted using the alternative method;(F) whether and how a confirmation of data entry will be provided; (G) the process to void or remove a filing;(H) the process by which commission staff will maintain the instructions; (I) contact information to receive technical assistance with a filing; and(J) any other information necessary to successfully use the alternative method.(c) Interchange filing methods and procedures.(1) Unless otherwise required by commission rule, statute, or ordered by the presiding officer, any item required to be filed with the commission, including confidential filings, may be filed electronically. An item listed in (b)(1) of this section may be filed electronically using the Interchange Filer or filed physically for posting on the Interchange by delivering the item to Central Records unless the commission requires the item to be filed using an alternative method described in (b)(2) of this section.(2) Unless otherwise required by commission rule, statute, or ordered by the presiding officer, each item filed with the commission using the Interchange Filer, including confidential filings, will be posted on the Interchange.(3) Each item submitted in accordance with this section will serve as the agency's official copy of record, including electronic copies of physical filings posted on the Interchange by Central Records. (d) Special filing requirements.(1) Notwithstanding any other provision of this title, the following types of items must be filed in the manner specified below:(A) Retail electric provider letters of credit. An irrevocable stand-by letter of credit provided in accordance with §25.107 (relating to Certification and Obligations of Retail Electric Providers (REPs)) of this title must be an original letter of credit and must be filed electronically using the Interchange Filer. The original letter of credit must contain a verifiable electronic signature or other means of authentication acceptable to the commission. A retail electric provider with a physical letter of credit on file with the commission on the effective date of this section must file an original letter of credit electronically on or before March 5, 2027. (B) Texas energy fund letters of credit. A letter of credit required by §25.510 of this title, (relating to Texas Energy Fund In-ERCOT Generation Loan Program) is not required to be filed using the Interchange Filer and must be filed in a form and manner specified by the executive director or his or her designee. (C) Maps. A map must be filed in its original scale (i.e., an original document that has not been scanned, reduced, or enlarged). (i) A map that is filed electronically must be filed in PDF format.(ii) A filer must provide one or more additional copies of a filed map to Central Records at the request of an employee of the commission or a presiding officer and notify Central Records of the name of the requesting employee or presiding officer. (D) GIS data. GIS data used to create maps under subparagraph (C) of this paragraph must be electronically filed in its native format and be capable of being used and analyzed by commission staff. GIS data includes any additional information, materials, or documents required for accurate interpretation of a map.(2) Physical copies required. The following types of items must be electronically filed, and the filer must also provide a number of physical copies to Central Records as prescribed below as soon as reasonably practicable following the electronic filing, along with a cover letter identifying the control number assigned to the commission proceeding:(A) Two physical copies of applications and notices of intent in electric base rate proceedings; (B) Two physical copies of applications, which include any required maps, for new or amended electric, water, or sewer certificates of convenience and necessity; and(C) Six additional physical copies of any maps contained in applications for new or amended electric, water, or sewer certificates of convenience and necessity.(3) An employee of the commission or a presiding officer may require a filer to provide physical copies of a filing.(e) Receipt by the commission and filing deadline. Items filed either electronically or physically with the commission for posting on the Interchange will be processed in accordance with this subsection.(1) Central Records may reject a filing if the filing:(A) is blank, illegible, or missing pages in whole or in part;(B) does not contain minimally necessary identifying information such as the control number or the filer's complete contact information;(C) is designated as confidential but does not include the documents described in subsection (j)(1)(A) or (j)(1)(F) of this section;(D) may pose a risk to the commission, its employees, or the commission's electronic systems (e.g. suspicious packages, spam, suspected viruses or malware); or(E) is submitted as an external hard drive or other external storage device for digital media that is not approved by Central Records under §22.72(b)(2) of this title.(2) Upon receipt of an item by physical filing, Central Records will date stamp the item, post the item on the Interchange in the control number specified by the filer, and assign the item an item number in accordance with the order the filing was received. (3) Upon receipt of an item by electronic filing, the Interchange Filer will process and date stamp the item, post the item in the control number specified by the filer, and assign the item an item number in accordance with the order the filing was received.(4) An item date-stamped before or at 5:00:00 p.m. Central Prevailing Time on a working day will be deemed filed on that day. An item date-stamped after 5:00:00 p.m. Central Prevailing Time on a working day will be deemed filed on the next working day. An item date-stamped at any time on a day that is not a working day will be deemed filed on the next working day. This paragraph does not preclude a presiding officer or, if a project, commission staff, from setting a specific filing deadline or determining an item filed by that deadline is timely filed. (5) The filer is responsible for any delay, disruption, or interruption of mail, courier service, Internet, or electronic signals.(f) No filing fee. No filing fee is required to file an item with the commission.(g) Availability of filing methods.(1) Physical filings. An item may be physically filed only during hours when Central Records is open. (A) Regular business hours. Central Records is open from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through Friday, on working days, except in the case of an emergency or inclement weather. (B) Supplemental business hours for commission employees. On open meeting days and the working day immediately preceding an open meeting day, Central Records will be open to commission employees from 8:00 a.m. to 9:00 a.m. and 12 p.m. to 1:00 p.m. Commission staff acting as a party in a commission proceeding with a tariff or docket control number may not make a physical filing in that proceeding during these supplemental hours. (2) Electronic filing. Electronic filing, including use of the Interchange Filer, is available 24 hours a day, seven days a week, unless taken down for maintenance, emergency, loss of connectivity, or as otherwise determined to be necessary by Central Records.(h) Availability of items filed with the commission for posting on the Interchange.(1) An electronic filing will be available for access on the Interchange once accepted and posted by the Interchange Filer. Once a filing is posted and accessible on the Interchange, a written receipt will be automatically generated and electronically sent to the filer identifying the date and time the filing was accepted for posting. (2) A physical filing will be available for access on the Interchange once processed by Central Records.(3) A physical filing, request for a new control number, or an item designated as confidential may be processed the next working day after the filing is received by Central Records.(4) If the item does not appear on the Interchange, the filer is responsible for notifying Central Records. (5) If a filing is rejected in accordance with subsection (e) of this section, Central Records will make reasonable efforts to notify the filer of the rejection.(6) Voiding a filing. A filer may request that a filing posted on the Interchange, including a confidential filing under subsection (j) of this section, be voided. Central Records will remove the voided item from the Interchange only if the conditions in paragraphs (A) through (C) are met. The filer may re-file the item in accordance with this section.(A) Unless otherwise instructed by a presiding officer or an employee of the commission, a filer seeking to void a filing must: (i) file the request in the Interchange in the relevant control number and identifying the relevant item number, as applicable; and(ii) Notify Central Records in writing, via email if possible, that such a request has been filed.(B) The request and notice to Central Records must identify the filing with enough precision for Central Records to identify the correct filing.(C) An item must only be voided by the filer that originally filed that item or by that filer's authorized representative.(i) Filing deadlines for open meeting documents addressed to the commissioners.(1) Except as provided in paragraph (2) of this subsection, all documents addressed to the commissioners and concerning an item that has been placed on an agenda for an open meeting must be filed no later than seven days prior to the open meeting at which the matter will be considered. Documents that are not timely filed will be considered untimely. The commissioners may review untimely filed documents at their discretion. (2) The deadline established in paragraph (1) of this subsection does not apply if:(A) The documents have been specifically requested by one or more of the commissioners or the executive director or his or her designee at a time that makes it impossible for the filer to meet the deadlines under paragraph (1) of this subsection; or(B) The parties are negotiating and such negotiation requires the late filing of materials reporting on the negotiation.(j) Confidential material filed with the commission for posting on the Interchange. An item filed either electronically or physically for posting on the Interchange is public and available for viewing by the public unless the item is designated as confidential in accordance with this subsection. To designate an item as confidential, a filer must comply with the requirements of this subsection, unless otherwise ordered by the presiding officer. (1) Confidential-filing requirements.(A) To designate an item as confidential, a filer must file the following documents as two separate filings, and, if applicable, comply with any individual protective order governing the access and handling of confidential materials that is applicable to the proceeding:(i) a fully completed confidential-filing memorandum as specified in subparagraphs (D) and (E) of this paragraph, accompanied by a redacted copy of the original item, filed non-confidentially; and(ii) an unredacted copy of the original item, filed confidentially.(B) Central Records may reject a confidential filing that does not include the documents described under subparagraph (A) of this paragraph. Central Records will notify the filer of the rejection through electronic mail if reasonably practicable. It is the filer's responsibility to check the Interchange to verify that a confidential filing was accepted.(C) A redacted copy of a confidential filing. A redacted copy of a confidential filing must not redact more content than is required to prevent confidential information from being publicly posted. The following exceptions apply:(i) A cover letter that describes the content of the filing may be filed in lieu of a redacted copy if the confidential filing is a letter of credit. (ii) If the formatting, size, or content of a confidential filing in Microsoft Excel format (i.e. .xls/.xlsx) makes the filing of a redacted copy of the item in native format impracticable, the filer may:(I) file a redacted copy of the item in a non-native format accompanied by a cover letter that describes any nonconfidential information that is rendered unavailable to the public due to the non-native format; or(II) if the non-native format copy of the item exceeds 50 pages, file a cover letter that describes the content of the filing in lieu of filing a redacted copy. (D) To be deemed fully completed, a confidential-filing memorandum under subparagraph (E) of this paragraph must:(i) Plainly state the reasons for the confidential designation; (ii) Plainly state the legal support for the confidential designation, if applicable; (iii) Identify the specific pages or portions of pages of the filing that are confidential and have been redacted;(iv) Provide any identifying information required by the confidential-filing memorandum in subparagraph (E) of this paragraph regarding the filer, the proceeding (such as the control number), or confidential filing. (v) Provide any additional information required by a protective order in effect in the applicable proceeding or that may otherwise be required by the presiding officer via written order; and(vi) Include an acknowledgement that the confidential status of the filing is subject to revocation.(E) Confidential-filing memorandum.Attached Graphic(F) Physical filing. In addition to the requirements of subparagraphs (A) through (E) of this paragraph, a filer must also comply with the requirements of this subparagraph to designate a physically filed item filed as confidential. The filer must deliver the confidential item to Central Records in a sealed and labeled envelope (the confidential envelope). The confidential envelope must not include non-confidential documents unless directly related to and essential for clarity of the confidential document.(i) All physically filed confidential material must be provided in a 10 x 13-inch manila clasp envelope. Larger envelopes or multiple envelopes are permitted only when necessary due to the material's size or volume. If multiple envelopes are necessary, each envelope must be sequentially numbered and indicate the total number of envelopes for the filing (e.g., 1 of 3).(ii) The completed confidential-filing memorandum required under subparagraph (E) of this paragraph must be securely taped or adhered to the front of the confidential envelope.(iii) In addition to paragraph (2)(A) of this subsection, if the item is not submitted in a confidential envelope in accordance with this subparagraph, Central Records will reject the item. The item may be re-filed in accordance with this section.(iv) A physical filing designated as confidential that has been rejected by Central Records will be securely destroyed after rejection.(G) Electronic filing. In addition to the requirements of subparagraphs (A) through (E) of this paragraph, a filer must designate an item filed electronically using the Interchange Filer as confidential by indicating that the item is to be filed confidentially (e.g., selecting a checkbox provided on the Interchange Filer). (2) Challenge of confidentiality designation in a proceeding with a tariff or docket control number. The confidential designation of any filing made in a proceeding with an assigned tariff or docket control number may be challenged by any party via motion or by the presiding officer via order. A challenge to a confidential designation must specifically indicate the basis of the challenge and the portions of the filing that should not be confidential. (A) If a confidential designation is challenged, the filing party has the burden of showing that the item should remain confidential. The filing party must respond to a motion challenging the confidentiality of a filing within five working days of the motion, or within the time period specified by the presiding officer.(B) If the presiding officer determines that a confidential designation under this section is appropriate, the presiding officer will issue an order and allow the filing to remain confidential on the Interchange.(C) The presiding officer will issue an order if the presiding officer determines that a confidential designation under this section is not appropriate. After such an order is issued, the filing party must void the filing in accordance with the requirements of this section. The filing party may re-file the item in accordance with this section and the order of the presiding officer.(3) Challenge of confidentiality designation in projects and certain other commission proceedings. This paragraph applies only to filings designated as confidential in a proceeding without a tariff or docket control number, such as a project.(A) The executive director or his or her designee may request, in writing, that a filer void a filing and non-confidentially re-file all or part of an item designated as confidential, including the basis for the request and a response deadline.(B) If the filer does not agree to void the filing and re-file as requested, the filer must provide the executive director or his or her designee with a written response by the response deadline. The filer has the burden of showing the item should remain confidential.(C) After considering the response, the executive director or his or her designee will notify the filer whether the filing may remain confidentially filed, stating the basis for the decision. If the executive director or his or her designee determines that a confidential designation under this section is not appropriate, the filer must void the filing consistent with the requirements of this section. The filer may re-file the item in accordance with this section and the executive director or his or her designee's determination. (4) Posting of confidential information on the Interchange. (A) The completed confidential-filing memorandum required under paragraphs (1)(D) and (E) of this subsection and the redacted version of the confidential filing will be posted non-confidentially on the Interchange as a single filing.(B) The unredacted version of the item will be posted confidentially on the Interchange and will only be accessible by the persons listed under paragraph (6) of this subsection. (5) Confidential re-filing of voided items. The filer may re-file an item confidentially in accordance with this subsection after submitting a request to void a filing under subsection (h)(6) of this section.(6) Access to confidential information. Access to confidential filings is limited to persons that meet the criteria of this paragraph, as applicable. Disclosure of confidential information is subject to the ex parte requirements of this subtitle:(A) A commissioner, commission employee in OPDM, or an employee in a commissioner's office may access confidential filings in any proceeding if the commissioner or employee completes, signs, and submits to Central Records an Employee Statement Regarding Non-Disclosure of Confidential Information (the confidential access form). Once the commissioner or employee has done so, he or she may access confidential filings in any proceeding before the commission in person or electronically. A commissioner, a commission employee in OPDM, or an employee in a commissioner's office may only disclose confidential information contained in such filings to a commissioner or other employee in OPDM or a commissioner's office who has also completed, signed, and submitted to Central Records the confidential access form and only if the disclosure does not violate Texas Government Code Chapter 551 (the Texas Open Meetings Act). (B) A commission employee in Central Records or Information Technology or the supervisor of such an employee may access all confidential filings in person or electronically for clerical and administrative tasks necessary to ensure the proper maintenance and functioning of the commission's electronic systems, including the correction or removal of filings, the posting of physical filings electronically to the Interchange Filer, or actions otherwise directed by a presiding officer in a specific proceeding.(C) To access confidential filings filed with the commission in a specific proceeding with an assigned tariff or docket control number, a party to the proceeding must complete, sign, and file in the proceeding a protective order certification. The certification must comply with the protective order entered by the presiding officer in that proceeding. The protective order certification is no longer valid after the commission's plenary jurisdiction over the proceeding has expired. A commission employee that requires access to confidential material in the performance of his or her duties must complete, sign, and file in the proceeding a protective order certification to access confidential filings in person or electronically. (D) To access confidential filings filed with the commission in a proceeding without a tariff or docket control number, such as a project, a commission employee that requires access to confidential material in the performance of his or her duties must request permission from the executive director or his or her designee.(7) Public information. Designation of a document as confidential in a commission proceeding under this subsection is not determinative of whether that document would be subject to disclosure under the Texas Public Information Act, the Texas Open Meetings Act, or other applicable law.(8) Records retention. A document in the possession of Central Records, including documents filed confidentially, will be maintained and disposed of as required by the commission's Records Retention Schedule as approved by the Texas State Library and Archives Commission. A confidential document in the possession of parties to a proceeding must be maintained, destroyed, or returned to the providing party in the manner prescribed by any protective order adopted in that proceeding.(9) In camera inspection. A document presented for in camera inspection solely for the purpose of obtaining a ruling on its discoverability or admissibility must not be filed as a confidential document under this paragraph but must be submitted in the manner specified under §22.144 (relating to Requests for Information and Requests for Admission of Facts).", "sourceNote": "Source Note: The provisions of this §22.71 adopted\r\nto be effective December 10, 2025, 50 TexReg 7889." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226957", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.72", "label": "Form Standards for Documents Filed with the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181315", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all items required to be filed with the commission using the Interchange Filer.(b) Form standards.(1) Unless otherwise authorized or required by statute, the presiding officer, or commission rules, items filed physically or electronically with the commission must include in the item or specify on a cover sheet included with the item the following information: (A) the style and control number of the proceeding for which the item is submitted, if available;(B) a heading identifying the nature of the item submitted and the name of the filer; and(C) the signature of the filer or the filer's representative in accordance with subsection (e) of this section, if applicable.(2) The following apply to any submission of electronic material submitted on an external storage device for digital media.(A) A filer is prohibited from submitting electronic material on an external storage device for digital media, unless the request is authorized by Central Records in writing under subparagraph (B) of this paragraph, required by a presiding officer in a proceeding, or permitted by the commission.(B) The procedure for filing an external storage device for digital media is as follows:(i) The filer must demonstrate to Central Records via written correspondence that the material is unique and not ordinarily capable of being electronically filed using the Interchange Filer. Central Records will review the written correspondence and make a determination regarding the request within a reasonable time period.(ii) Upon authorization by Central Records, a filer may submit one or more acceptable external storage devices for digital media to Central Records. Such devices must be physically delivered at a designated shipping or mailing commission address listed on the commission's website by mail, courier, or hand delivery to Central Records.(C) Central Records will maintain a list of acceptable external storage devices for digital media on the commission website.(c) Format and filing standards.(1) The following format standards are applicable to all filings. (A) Items must be formatted in a manner that renders the information legible and generally accessible. Items must be formatted as follows, unless doing so would render the content illegible or the native format of the file uses another generally acceptable structure or format. A filed item must:(i) be double-spaced with left and right margins not less than one inch wide, except that any letter, tariff filing, rate filing, or proposed findings of fact, conclusions of law, and ordering paragraphs may be single-spaced;(ii) indent and single-space any quotation which exceeds 50 words;(iii) be printed or formatted in a legible font and not less than 12-point type; and(iv) be formatted to print on 8.5 x 11-inch paper.(B) All pages of a filing, starting with the first page of the table of contents, must be consecutively numbered through the last page of the document, including any attachments, except attachments and exhibits to an application for electric, water, or wastewater certificate of convenience and necessity do not need to be consecutively numbered with the rest of the application.(2) The following general standards are applicable to all filings, except subparagraph (A) does not apply to a filing made by a presiding officer, the Office of Policy and Docket Management (OPDM), or the Rules and Projects division (RAP).(A) Each item that is ten or more pages in length and has multiple headings or subheadings must have a table of contents that lists the major sections of the item, the page number for the start of each major section, and identifiers for each major section of the item. Discovery responses and items filed in a rulemaking are exempt from this subparagraph.(B) If a filing contains a barcode, the barcode must be covered or redacted.(C) If a filing contains sensitive personal information of the filer or any other person that is not required for the disposition of the case, such as social security numbers, driver license numbers, or account numbers, that sensitive personal information must be redacted. (3) Items, except for maps, that are filed physically must be: (A) printed on both sides of the paper or, if it cannot be printed on both sides of the paper, every page of the copy must be single sided; and(B) printed on 8.5 x 11-inch paper, or if the content cannot be formatted legibly on letter-size paper, be folded to a size no larger than 8.5 x 11 inches.(4) Handwritten documents must be legible and must comply with the requirements of paragraphs (2)(B) and (2)(C) of this subsection.(d) Citation form. An item filed with the commission must substantially comply with the commission's Citation and Style Guide for the Public Utility Commission of Texas. Any citations to law or other legal authority in an item filed with the commission must also substantially comply with the Texas Rules of Form: The Greenbook (for Texas authorities), The Bluebook: A Uniform System of Citation (for all other authorities).(e) Signature and other standards. All filings must:(1) be signed by the filer or the filer's authorized representative. If the person signing the pleading or document is a licensed attorney, the attorney's state of licensure and bar number must also be provided;(2) include the contact information of the filer or authorized representative of the filer, consisting of the following:(A) a physical mailing address;(B) a telephone number;(C) an email address, unless the filer or the filer's authorized representative has filed a statement under §22.106 of this title (relating to Statement of No Access). (3) include the date the document was signed and, if a proceeding involves parties, a certificate of service in accordance with §22.74 of this title (relating to Service of Pleadings and Documents).(f) Page limits. The commission may establish page limits for filings in any proceeding. Additionally, commission counsel or the presiding officer may establish page limits for filings in a proceeding with an assigned tariff or docket control number. In establishing page limits, the commission, commission counsel, or the presiding officer may consider such factors as which party has the burden of proof and the extent of opposition to a party's position that would need to be addressed in the document. The commission or commission staff may establish page limits for filings in projects. (g) Electronic filing standards. An electronically filed item must comply with the requirements of this subsection. Central Records will maintain a list of preferred electronic file formats on the commission's website. This subsection does not apply to items filed by a presiding officer, OPDM, or RAP. (1) Electronic items must be filed in the native file format used to create and edit the file. (2) Electronic items that are filed in a portable document format (PDF) must be filed in a format that permits searches of text.(3) Electronic filings with interactive content, such as a Microsoft Excel spreadsheet, must have active links and formulas that were used to create and manipulate the data in the filing. Links and formulas may include descriptive and technical metadata required for electronic records to maintain and retain reliability, including metadata necessary to adequately support the usability, authenticity, or integrity as well as the preservation of a record.(4) If the filing cannot be uploaded, the filer must contact Central Records to determine an alternative means of filing.(h) Maps and GIS data filing standards.(1) Electronic and physical copies of maps and GIS data must be filed in accordance with §22.71 of this title.(2) Commission staff will maintain on the commission's website:(A) a list of acceptable file formats for maps and GIS data in accordance with subsection (g) of this section; and(B) a procedure for filing physical maps, including oversized maps, that a filer must comply with.", "sourceNote": "Source Note: The provisions of this §22.72 adopted\r\nto be effective December 10, 2025, 50 TexReg 7889." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181315", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.73", "label": "General Requirements for Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227687", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the requirements of form specified in §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission), all applications shall contain the following, unless otherwise required by statute or commission rule:(1) a statement of the jurisdiction of the commission over the parties and subject matter;(2) a list of all the known parties, classes of customers, and territories, if applicable, which would be affected if the requested relief were granted;(3) the name and address of each party against whom specific relief is sought;(4) a concise statement of the facts relied upon by the pleading party;(5) a concise statement of the specific relief, action, or order desired by the pleading party;(6) any other matter required by statute or rule;(7) a certificate of service; and(8) the name of a person upon whom service may be had and, unless such person has filed a statement under §22.106 of this title (relating to Statement of No Access), an email address at which the person can be served.", "sourceNote": "Source Note: The provisions of this §22.73 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227687", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.74", "label": "Service of Pleadings and Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227688", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pleadings and Documents submitted to a presiding officer. At or before the time any document or pleading regarding a proceeding is submitted by a party to a presiding officer, a copy of such document or pleading must be filed and served on all parties. These requirements do not apply to documents that are offered into evidence during a hearing or that are submitted to a presiding officer for in camera inspection; provided, however, that the party submitting documents for in camera inspection must file and serve notice of the submission upon the other parties to the proceeding. Pleadings and documents submitted to a presiding officer during a hearing, prehearing conference, or open meeting must be filed with Central Records as soon as is practicable.(b) Methods of service. Except as otherwise expressly provided by order, rule, or other applicable law, service on a party may be made by delivery of a copy of the pleading or document to the party's authorized representative or attorney of record by email; in person; by agent; by courier receipted delivery; by first class mail; by certified mail, return receipt requested; or by registered mail to such party's address of record. If a person has filed a statement of no access under §22.106 of this title (relating to Statement of No Access), service on such a person must be made by delivery of a copy of the pleading or document to the party's authorized representative or attorney of record; in person; by agent; by courier receipted delivery; by first class mail; by certified mail, return receipt requested; or by registered mail to such party's address of record. (1) Service in person is complete upon in-person delivery to the party or the party's authorized representative or attorney of record.(2) Service by email is complete upon sending an email that provides a link to the filing on the Interchange in an email message or providing the filing itself attached to the message to the email address of record for the party that was provided.(3) Service by mail is complete upon deposit of the document, postpaid and properly addressed, in the mail. (4) Service by agent or by courier receipted delivery is complete upon delivery to the agent or courier.(c) Alternative methods of service. In response to the motion of a party or on the presiding officer's own motion, the presiding officer may require service by filing, by any method specified in subsection (b) of this section, or any combination of those methods. Service by filing is complete upon acceptance for filing on the Interchange.(d) Evidence of service. A return receipt or affidavit of any person having personal knowledge of the facts is prima facie evidence of the facts shown thereon relating to service. A party may present other evidence to demonstrate facts relating to service.(e) Certificate of service. Every document required to be served on all parties must contain the following or similar certificate of service: \"I, (name) (title) certify that a copy of this document was served on all parties of record in this proceeding on (date) in the following manner: (specify each method). Signed, (signature).\" The list of the names and email addresses of the parties on whom the document was served should not be appended to the document.", "sourceNote": "Source Note: The provisions of this §22.74 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nJune 1, 1997, 22 TexReg 4195; amended to be effective September 23,\r\n1999, 24 TexReg 7401; amended to be effective December 4, 2016, 41\r\nTexReg 9472; amended to be effective February 25, 2026, 51 TexReg\r\n1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227688", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.75", "label": "Examination and Correction of Pleadings and Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227689", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Construction of pleadings and documents. All pleadings and documents must be construed so as to do substantial justice.(b) Procedural sufficiency of pleadings and documents. (1) Except for a motion for rehearing or a reply to a motion for rehearing, the presiding officer may require a pleading or document that does not comply with the applicable requirements of §22.72 of this title (relating to Form Requirements for Documents Filed with the Commission) to be re-filed. (2) Upon notification by the presiding officer of a deficiency in a pleading or document, the responsible party must correct or complete the pleading or document in accordance with the notification. If the responsible party fails to correct the deficiency, the pleading or document may be stricken from the record.(c) Notice of material deficiencies in rate change applications. This subsection applies to applications for rate changes filed under PURA, chapter 36, subchapter C or chapter 53, subchapter C.(1) Motions to find a rate change application materially deficient must be filed no later than 21 days after an application is filed. Such motions must specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The applicant's response to a motion to find a rate change application materially deficient must be filed no later than five working days after such motion is received.(2) If the presiding officer determines that material deficiencies exist in an application, the presiding officer must issue a written order specifying a time within which the applicant must amend its application and correct the deficiency. The effective date of the proposed rate change will be 35 days after the filing of a sufficient application. The statutory deadlines will be calculated based on the date of filing the sufficient application.(d) Notice of material deficiencies in applications for certificates of convenience and necessity for electric transmission lines. (1) Motions to find an application for certificate of convenience and necessity for electric transmission line materially deficient must be filed no later than 21 days after an application is filed. Such motions must specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The applicant's response to a motion to find an application for certificate of convenience and necessity for electric transmission line materially deficient must be filed no later than five working days after such motion is received.(2) If the presiding officer determines that a material deficiency exists in an application, the presiding officer must issue a written order specifying a time within which the applicant must amend its application and correct the deficiency. (3) For an application for certificate of convenience and necessity filed under PURA §39.203(e), a pleading alleging a material deficiency in the application must be filed no later than 14 days after the application is filed, and must be served on the applicant in accordance with §22.74 of this title (relating to Service of Pleadings and Documents). The applicant must reply to a pleading alleging a material deficiency no later than seven days after it is received. If the presiding officer determines that a material deficiency exists in an application, the presiding officer must issue a written order ordering the applicant to amend its application and correct the deficiency within seven days.", "sourceNote": "Source Note: The provisions of this §22.75 adopted\r\nto be effective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective September\r\n23, 1999, 24 TexReg 7401; amended to be effective March 26, 2001,\r\n26 TexReg 2351; amended to be effective September 2, 2009, 34 TexReg\r\n5907; amended to be effective December 4, 2016, 41 TexReg 9472; amended\r\nto be effective February 25, 2026, 51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227689", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.76", "label": "Amended Pleadings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227690", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Filing amended pleadings.(1) Any pleading may be amended at any time before notice of the docket as required by §22.51 of this title (relating to Notice for Public Utility Regulatory Act, chapter 36, subchapters C-E; chapter 51, §51.009; and chapter 53, subchapter C-E, Proceedings) and §22.52 of this title (relating to Notice in Licensing Proceedings) is given.(2) After notice of a proceeding has been provided, a pleading may be amended with leave of the presiding officer, provided that the amended pleading is served upon all parties, is filed at least seven days before the hearing on the merits, and does not seek relief for which notice in accordance with this chapter has not been provided. (3) If an amended pleading seeks a new type of relief for which notice in accordance with this chapter has not been provided, the presiding officer may sever the issue from the proceeding. (4) Any amended pleading offered for filing within seven days of the date of hearing or thereafter will be considered by the presiding officer only if there is a showing of good cause for such filing and that consideration of such filing will not unduly delay the proceeding by injecting issues to which the remaining parties may be entitled to respond. If additional notice is required or additional time needed for opposing parties to respond to the proposed pleading, the presiding officer may order such additional notice or time as is reasonable under the circumstances.(b) Amendments to conform to issues. When issues not raised by the pleadings are tried or otherwise heard or argued at hearing by express or implied consent of the parties, upon a determination by the presiding officer that no prejudice to any of the parties will occur, the issues will be treated in all respects as if they had been raised in the pleadings. Amendment of the pleadings to conform them to the evidence may be made with leave of the presiding officer upon any party's motion until the close of evidence, but failure to so amend does not affect whether the issues may be properly considered by the presiding officer.", "sourceNote": "Source Note: The provisions of this §22.76 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 23, 1999, 24 TexReg 7401; amended to be effective December\r\n4, 2016, 41 TexReg 9472; amended to be effective February 25, 2026,\r\n51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227690", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.77", "label": "Motions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227691", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. A motion must be in writing, unless the motion is made on the record at a prehearing conference or hearing and must state the relief sought and the specific grounds supporting a grant of relief. (1) If the motion is based upon alleged facts that are not a matter of record, the motion must be supported by an affidavit. (2) Written motions must be served on all parties in accordance with §22.74 of this title (relating to Service of Pleadings and Documents).(3) A movant is required to attempt to confer with all parties that could be affected by the motion or pleading, but is not required to attempt to confer with all parties to the proceeding. Written motions must include a certificate of conference that complies substantially with one of the following examples:(A) Example one: \"Certificate of Conference: I certify that I conferred with {name of other party or other party's authorized representative} on {date} about this motion. {Succinct statement of other party's position on the action sought and/or a statement that the parties negotiated in good faith but were unable to resolve their dispute before submitting it to the judge for resolution.} Signature.\" (B) Example two: \"Certificate of Conference: I certify that I made reasonable but unsuccessful attempts to confer with {name of other party or other party's authorized representative} on {date or dates} about this motion. {Succinctly describe these attempts.} Signature.\"(b) Time for response. The time for responding to motions is governed by §22.78 of this title (relating to Responsive Pleadings and Emergency Action), unless otherwise provided by the presiding officer, commission rule, or statute.(c) Rulings on motions. The presiding officer must serve orders ruling on motions upon all parties, unless the ruling is made on the record in a hearing or prehearing conference open to the public.", "sourceNote": "Source Note: The provisions of this §22.77 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 23, 1999, 24 TexReg 7401; amended to be effective February\r\n25, 2026, 51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227691", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.78", "label": "Responsive Pleadings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227692&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227692", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General rule. Unless otherwise specified by statute, by this chapter, or by order of the presiding officer, a responsive pleading, if made, must be filed by a party within five working days after receipt of the pleading to which the response is made. Responsive pleadings must state the date of receipt of the pleading to which response is made. Unless the presiding officer is advised otherwise, it is presumed that all pleadings are received on the filing date.(b) Responses to complaints. Unless otherwise specified by statute, by this chapter, or by order of the presiding officer, responsive pleadings to complaints filed to initiate a proceeding must be filed within 21 days of the receipt of the complaint. This subsection does not apply to complaints filed under PURA, chapter 36, subchapter D or chapter 53, subchapter D, or for a complaint filed under TWC §13.004 (relating to Jurisdiction of Utility Commission Over Certain Water Supply or Sewer Service Corporations).(c) Action by the Presiding Officer. Unless otherwise precluded by law or this chapter, the presiding officer may take action on a pleading before the deadline for filing responsive pleadings. Action taken under this subsection may be subject to modification based on a timely responsive pleading.(d) PURA, Chapter 36, Subchapter D or Chapter 53, Subchapter D Investigations or Complaints. In a complaint proceeding filed under PURA, chapter 36, subchapter D or chapter 53, subchapter D, the presiding officer must determine the scope of the response that the electric or telecommunications utility is required to file, up to and including the filing of a full rate filing package. The presiding officer will also set an appropriate deadline for the electric or telecommunications utility's response.", "sourceNote": "Source Note: The provisions of this §22.78 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective September\r\n23, 1999, 24 TexReg 7401; amended to be effective December 4, 2016,\r\n41 TexReg 9472; amended to be effective February 25, 2026, 51 TexReg\r\n1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227692&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227692", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.79", "label": "Continuances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227693", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements for motions for continuance. (1) Unless otherwise ordered by the presiding officer, motions for continuance of the hearing on the merits must be in writing and must be filed not less than five days prior to the hearing. (2) Motions for continuance must:(A) set forth the specific grounds for which the moving party seeks continuance; and (B) refer to all other motions for continuance filed by the moving party in the proceeding. (3) The moving party must attempt to contact all other parties and must state in the motion each party that was contacted and whether that party objects to the relief requested. (b) Burden of proof. The moving party has the burden of proof with respect to the need for the continuance at issue. (c) Requirements for granting motions for continuance.(1) A continuance will not be granted based on the need for discovery if the party seeking the continuance previously had the opportunity to obtain discovery from the person from whom discovery is sought, except when necessary due to surprise or discovery of facts or evidence which could not have been discovered previously through reasonably diligent effort by the moving party. (2) The presiding officer may grant continuances provided that any continuance is consistent with any applicable statutory deadline. (3) A motion for continuance agreed to by all parties may be filed within five days of the hearing on the merits, and must state suggested dates for rescheduling of the hearing.", "sourceNote": "Source Note: The provisions of this §22.79 adopted\r\nto be effective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nFebruary 25, 2026, 51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227693", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "PLEADINGS AND OTHER DOCUMENTS" }, "rule": { "number": "§22.80", "label": "Commission Prescribed Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227694", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may require that certain reports and applications be submitted on commission-prescribed forms. (1) All documents that are the subject of a commission-prescribed form must contain all matters designated in the form and must conform substantially to the form. (2) Prior to the implementation of any new commission-prescribed form or substantive change to an existing form, the change or new form will be referenced in the \"In Addition\" section of the Texas Register for public comment. (3) Commission staff may make nonsubstantive updates to commission-approved forms or change the method of form submission (e.g., transitioning to an online portal for submission) provided the updates or changes do not conflict with the underlying statute or rule associated with the form. The types of changes that are authorized under this paragraph include changes such as correcting typographical errors, updating or adding relevant phone numbers or citations, and making nonsubstantive modifications to a form to improve accessibility across different submission platforms.(4) The commission will maintain a complete index to and set of all commission-prescribed forms.(b) In the event of a conflict between the requirements of a commission-prescribed form and the requirements of the underlying statute or rule associated with that form, the statute or rule prevails.", "sourceNote": "Source Note: The provisions of this §22.80 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective September\r\n23, 1999, 24 TexReg 7401; amended to be effective February 25, 2026,\r\n51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227694", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "F", "label": "PARTIES" }, "rule": { "number": "§22.101", "label": "Representative Appearances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86027", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Generally. Any person may appear before the commission or in a hearing in person or by authorized representative. The presiding officer may require a representative to submit proof of his or her authority to appear on behalf of another person. The authorized representative of a party must specify the particular persons or classes of persons the representative is representing in the proceeding.(b) Change in authorized representative. Any person appearing through an authorized representative must provide written notification to the commission and all parties to the proceeding of any change in that person's authorized representative. The notification must include the authorized representative's name, address, telephone number, and, unless the authorized representative has filed a statement under §22.106 of this title (relating to Statement of No Access), an email address.(c) Lead counsel. A party represented by more than one attorney or authorized representative in a matter before the commission may be required to designate a lead counsel who is authorized to act on behalf of all of the party's representatives, but all other attorneys or authorized representatives for the party may take part in the proceeding in an orderly manner, as ordered by the presiding officer.(d) Change in information required for notification or service. Any person or authorized representative appearing before the commission in any proceeding must provide written notification to the commission and all parties to the proceeding of any change in their address, telephone number, or email address. The notification must be filed in Central Records under the control number for each affected proceeding.", "sourceNote": "Source Note: The provisions of this §22.101 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nMarch 26, 2001, 26 TexReg 2351; amended to be effective December 4,\r\n2016, 41 TexReg 9472; amended to be effective February 25, 2026, 51\r\nTexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86027", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "F", "label": "PARTIES" }, "rule": { "number": "§22.102", "label": "Classification of Parties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227695", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Parties. Parties to proceedings before the commission shall be classified into the following categories:(1) applicants, or complainants;(2) respondents;(3) intervenors; and(4) commission staff representing the public interest.(b) Rights of parties. Subject to the alignment of parties pursuant to §22.105 of this title (relating to Alignment of Parties), parties to proceedings have the right to present a direct case, cross-examine all witnesses, conduct discovery, make oral or written legal arguments, and otherwise fully participate in any proceeding. Commission staff shall have no right to seek judicial review of any commission decision.(c) Protestors. Any person that has not intervened in a proceeding, or who has been denied permission to intervene, shall not be considered a party. The presiding officer may allow oral or written comments to be made by protestors.", "sourceNote": "Source Note: The provisions of this §22.102 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective January 17, 1999, 24 TexReg 256; amended to be effective March 26, 2001, 26 TexReg 2351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227695", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "F", "label": "PARTIES" }, "rule": { "number": "§22.103", "label": "Standing to Intervene" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227696", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Commission staff representing the public interest. Commission staff represents the public interest, and has standing in all proceedings before the commission. Commission staff is not required to file a motion to intervene. (b) Standing to intervene. A person desiring to intervene must file a motion to intervene and be recognized as a party under §22.104 of this title (relating to Motions to Intervene) to participate as a party in a proceeding. Any association or organized group must include in its motion to intervene a list of the members of the association or group that are persons other than individuals that will be represented by the association or organized group in the proceedings. The group or association must supplement the list of members represented in the motion at any time a member is added or deleted from the list of members represented. A person has standing to intervene if that person: (1) has a right to participate that is expressly conferred by statute, commission rule or order or other law; or(2) has a justiciable interest that may be adversely affected by the outcome of the proceeding.(c) Dispute resolution under the Federal Telecommunications Act of 1996 (FTA96). Standing to intervene in proceedings concerning dispute resolution and approval of agreements under the commission's authority under FTA96 is subject to the requirements of subchapter D of chapter 21 of this title (relating to Dispute Resolution).(d) By requesting to intervene in a proceeding, a person agrees to accept delivery by email any motions for rehearing and replies to motions for rehearing in accordance with §22.74 of this title (relating to Service of Pleadings and Documents), unless he or she has filed a statement under §22.106 of this title (relating to Statement of No Access).", "sourceNote": "Source Note: The provisions of this §22.103 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective January\r\n17, 1999, 24 TexReg 256; amended to be effective March 26, 2001, 26\r\nTexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472;\r\namended to be effective February 25, 2026, 51 TexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227696", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "F", "label": "PARTIES" }, "rule": { "number": "§22.104", "label": "Motions to Intervene" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86030", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Necessity for filing motion to intervene. Applicants, complainants, and respondents, as defined in §22.2 of this title (relating to Definitions), are necessary parties to proceedings which they have initiated or which have been initiated against them and need not file motions to intervene to participate as parties in such proceedings.(b) Time, content, and procedure for filing motion. Motions to intervene must be filed within 45 days from the date an application is filed with the commission, unless otherwise provided by statute, commission rule, or order of the presiding officer. (1) For an application for a certificate of convenience and necessity (CCN) filed under PURA §39.203(e) or an application for a CCN for a transmission facility subject to PURA §37.057, motions to intervene must be filed within 30 days from the date the application is filed with the commission. (2) The motion must include the name and email address of the person requesting to intervene unless the motion is accompanied by a statement of no access under §22.106 of this title (relating to Statement of No Access) and be served upon all parties to the proceeding and upon all persons that have pending motions to intervene in accordance with §22.74 of this title (relating to Service of Pleadings and Documents).(c) Rights of persons with pending motions to intervene. A person who has filed a motion to intervene has all the rights and obligations of a party pending the presiding officer's ruling on the motion to intervene.(d) Late intervention.(1) Criteria for granting late intervention. A motion to intervene that was not timely filed may be granted by the presiding officer. In acting on a late filed motion to intervene, the presiding officer will consider, in addition to the criteria for standing identified in §22.103(b) of this title (relating to Standing to Intervene):(A) any objections that are filed;(B) whether the movant had good cause for failing to file the motion within the time prescribed;(C) whether any prejudice to, or additional burdens upon, the existing parties might result from permitting the late intervention; (D) whether any disruption of the proceeding might result from permitting late intervention; and(E) whether the public interest is likely to be served by allowing the intervention.(2) Limitations on intervention. The presiding officer may impose limitations on the participation of an intervenor to avoid delay and prejudice to the other parties.(3) Record and procedural schedule. Except as otherwise ordered, an intervenor must accept the procedural schedule and the record of the proceeding as it existed at the time of filing the motion to intervene.(4) Intervention as a matter of right. In an electric licensing proceeding in which a utility did not provide direct notice to an owner of land directly affected by the requested certificate, late intervention will be granted as a matter of right to such a person, provided that the person files a motion to intervene within 15 days of actually receiving the notice. Such a person should be afforded sufficient time to prepare for and participate in the proceeding.(5) Late intervention after proposal for decision (PFD) or proposed order (PO) issued. For late interventions, other than those allowed by paragraph (4) of this subsection, the procedures in subparagraphs (A) and (B) of this paragraph apply:(A) Agenda ballot. Upon receipt of a motion to intervene after the PFD or PO has been issued, the commission's Office of Policy and Docket Management (OPDM) will send separate ballots to each commissioner to determine whether the motion to intervene will be considered at an open meeting. An affirmative vote by one commissioner is required for consideration of a motion to intervene at an open meeting. OPDM will notify the parties by letter whether a commissioner by individual ballot has added the motion to intervene to an open meeting agenda, but will not identify the requesting commissioner. (B) Denial. If after ten working days of the filing of a motion to intervene, which has been filed after the PFD or PO has been issued, no commissioner has by agenda ballot, placed the motion on the agenda of an open meeting, the motion is deemed denied. If any commissioner has balloted in favor of considering the motion, it will be placed on the agenda of the next regularly scheduled open meeting or such other meeting as the commissioners may direct by the agenda ballot. In the event two or more commissioners vote to consider the motion, but differ as to the date the motion will be heard, the motion will be placed on the latest of the dates specified by the ballots.", "sourceNote": "Source Note: The provisions of this §22.104 adopted\r\nto be effective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective March 1,\r\n1996, 21 TexReg 1393; amended to be effective July 15, 1999, 24 TexReg\r\n5186; amended to be effective March 26, 2001, 26 TexReg 2351; amended\r\nto be effective September 2, 2009, 34 TexReg 5907; amended to be effective\r\nDecember 4, 2016, 41 TexReg 9472; amended to be effective May 15,\r\n2024, 49 TexReg 3201; amended to be effective February 25, 2026, 51\r\nTexReg 1052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86030", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "F", "label": "PARTIES" }, "rule": { "number": "§22.105", "label": "Alignment of Parties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181323", "queryAsDate": "03/11/2026" }, "ruleBody": "Parties, except for the Office of Public Utility Counsel and the commission staff representing the public interest, may be aligned for the purposes of participating in a hearing or portions of a hearing if the parties have the same positions on issues of fact or law. To the extent alignment is determined to be necessary, the presiding officer shall order alignment of the parties at the earliest reasonable opportunity so as to avoid unnecessary duplication of effort and to allow aligned parties an adequate opportunity to prepare for hearing. The presiding officer may limit the number of representatives of aligned parties who conduct cross-examination of any particular witness during the hearing on the merits.", "sourceNote": "Source Note: The provisions of this §22.105 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective January 17, 1999, 24 TexReg 256; amended to be effective March 26, 2001, 26 TexReg 2351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181323", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "F", "label": "PARTIES" }, "rule": { "number": "§22.106", "label": "Statement of No Access" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8343&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8343", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Statement of no access. If a person or representative of a person has no access to the internet or to email, his or her first pleading in a docket shall include a signed statement that:(1) he or she has no access to the internet or to email; and(2) if circumstances change such that the person or representative gains access to the internet or to email, he or she agrees to:(A) promptly notify the commission in writing;(B) provide the commission with his or her email address; and(C) become subject to the commission rules governing service by email for those who have not provided a statement of no access.(b) Subsequent access. If a person who has provided the commission with a statement of no access as required by subsection (a) of this section subsequently obtains access to the internet or to email, he or she must provide an email address to the commission and will become subject to the commission rules governing service by email for those who have not provided a statement of no access.", "sourceNote": "Source Note: The provisions of this §22.106 adopted to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8343&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8343", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "G", "label": "PREHEARING PROCEEDINGS" }, "rule": { "number": "§22.121", "label": "Prehearing Conferences" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "32112", "queryAsDate": "03/11/2026" }, "ruleBody": "The presiding officer shall schedule prehearing conferences as necessary for the efficient management of the proceeding. The presiding officer shall conduct prehearing conferences for any appropriate purpose, including consideration of the following:(1) motions and other preliminary matters related to the proceeding, including notice, discovery, and procedural schedules;(2) settlement of the case, or clarification and simplification of the issues;(3) the necessity or desirability of amended pleadings;(4) the possibility of obtaining stipulations that would avoid the unnecessary introduction of evidence;(5) evidentiary matters, including a request for interim relief;(6) the specific procedures to be followed at the hearing;(7) the scheduling of the hearing on the merits; and(8) any other matters as may assist in the disposition of the proceeding in a fair and efficient manner.", "sourceNote": "Source Note: The provisions of this §22.121 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "32112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "G", "label": "PREHEARING PROCEEDINGS" }, "rule": { "number": "§22.122", "label": "Interim Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220427", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In general. The presiding officer shall issue interim orders covering procedural and discovery matters, requests for interim relief, and such other matters as may aid in the conduct of the hearing and the efficient and fair disposition of the proceeding. Interim orders shall be written or stated orally on the record.(b) Interim and bonded rates. Interim and bonded rates are governed not by this section, but by §22.125 and §22.126 of this title (relating to Interim Rate Relief; Bonded Rates).", "sourceNote": "Source Note: The provisions of this §22.122 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220427", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "G", "label": "PREHEARING PROCEEDINGS" }, "rule": { "number": "§22.123", "label": "Appeal of an Interim Order and Motions for Reconsideration of Interim Order Issued by the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61834", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Appeal of an interim order.(1) Availability of appeal. Appeals are available for any interim order of the presiding officer that immediately prejudices a substantial or material right of a party or materially affects the course of the hearing. Appeals are not available for evidentiary rulings. Interim orders are not subject to exceptions or motions for rehearing.(2) Procedure for appeal. If the presiding officer intends to reduce an oral ruling to a written order, the presiding officer must so indicate on the record at the time of the oral ruling and must promptly issue the written order. Any appeal to the commission from an interim order must be filed within ten days of the issuance of the written order or the appealable oral ruling when no written order is to be issued. The appeal must be served on all parties by hand delivery, electronic mail, or by overnight courier delivery.(3) Contents. An appeal must specify the reasons why the interim order is unjustified or improper and how it immediately prejudices a substantial or material right of a party or materially affects the course of the hearing.(4) Responses. Any response to an appeal must be filed within five working days of the filing of the appeal.(5) Motion for stay. Pending a ruling by the commissioners, the presiding officer may, upon motion, grant a stay of the interim order. A motion for a stay must specify the basis for a stay. Good cause must be shown for granting a stay. The mere filing of an appeal does not stay the interim order or any applicable procedural schedule.(6) Agenda ballot. Upon the filing of an appeal, the Office of Policy and Docket Management must send a separate ballot to each commissioner to determine whether the commission will consider the appeal at an open meeting. Untimely motions will not be balloted. The Office of Policy and Docket Management must notify the parties whether a commissioner by individual ballot has added the appeal to an open meeting agenda but will not identify the requesting commissioner or commissioners.(7) Denial or granting of appeal.(A) If no commissioner has placed an appeal on the agenda of an open meeting by agenda ballot within 20 days after the filing of an appeal, the appeal is deemed denied.(B) If any commissioner has voted by agenda ballot in favor of considering the appeal, the appeal will be placed on the agenda of the next regularly scheduled open meeting or such other meeting as the commissioner may direct by the agenda ballot. If two or more commissioners vote to consider the appeal, but differ as to the date the appeal will be heard, the appeal must be placed on the latest of the dates specified by the ballots. At the open meeting, the commission will either rule on the appeal or extend time to act on it.(8) Reconsideration of appeal by presiding officer. The presiding officer may treat an appeal as a motion for reconsideration and may withdraw or modify the order under appeal before a commission decision on the appeal. The presiding officer must notify the commission of its decision to treat the appeal as a motion for reconsideration.(b) Motion for reconsideration of interim order issued by the commission.(1) Availability of motion for reconsideration. Motions for reconsideration are available for any interim order of the commission that immediately prejudices a substantial or material right of a party or materially affects the course of the hearing. Motions for reconsideration may only be filed by a party to the proceeding and are not available for evidentiary rulings. Interim orders are not subject to exceptions or motions for rehearing.(2) Procedure for motion for reconsideration. If the commission does not intend to reduce an oral ruling to a written order, the commission will so indicate on the record at the time of the oral ruling. A motion for reconsideration of an interim order issued by the commission must be filed within five workings days of the issuance of the written interim order or the oral interim ruling. The motion for reconsideration must be served on all parties by delivery, electronic mail, or by overnight courier delivery.(3) Content. A motion for reconsideration must specify the reasons why the interim order is unjustified or improper.(4) Responses. Any response to a motion for reconsideration must be filed within five working days of the filing of the motion.(5) Agenda ballot. Upon the filing of a motion for reconsideration, the Office of Policy and Docket Management must send a separate ballot to each commissioner to determine whether the commission will consider the motion at an open meeting. The Office of Policy and Docket Management must notify the parties whether a commissioner by individual ballot has added the motion to an open meeting agenda but will not identify the requesting commissioner or commissioners.(6) Denial or granting of motion.(A) If no commissioner has placed a motion for reconsideration on the agenda for an open meeting by agenda ballot within 20 days after the filing of the motion, the motion is deemed denied.(B) If any commissioner has voted by agenda ballot in favor of considering the motion, the motion will be placed on the agenda for the next regularly scheduled open meeting or such other meeting as the commissioner may direct by the agenda ballot. If two or more commissioners vote to consider the motion, but differ as to the date the motion will be heard, the motion must be placed on the latest of the dates specified by the ballots. At the open meeting, the commission will either rule on the motion or extend time to act on it.", "sourceNote": "Source Note: The provisions of this §22.123 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective December 29, 1995, 20 TexReg 10766; amended to be effective January 17, 1999, 24 TexReg 256; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective September 5, 2024, 49 TexReg 6737." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61834", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "G", "label": "PREHEARING PROCEEDINGS" }, "rule": { "number": "§22.124", "label": "Statements of Position" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181346", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Statements of position required. Each party that has not prefiled direct testimony and, insofar as its prefiled direct testimony does not address issues that a party intends to litigate, each party that has prefiled direct testimony shall file a statement of position no later than three working days before the start of a hearing unless the presiding officer determines that such a requirement would add unjustified burden and expense to the proceeding, or that a different deadline should be imposed. Pursuant to §22.161 of this title (relating to Sanctions), the presiding officer may sanction any party who fails to comply with the requirement that a statement of position be filed.(b) Contents of statement of position. Unless otherwise provided by order of the presiding officer, the statement of position shall contain the following information:(1) a concise statement of the party's position in the proceeding;(2) a concise statement of each question of fact, law, or policy the party considers at issue; and(3) a concise statement of the party's position on each issue identified pursuant to paragraph (2) of this subsection.", "sourceNote": "Source Note: The provisions of this §22.124 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective January 17, 1999, 24 TexReg 256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181346", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "G", "label": "PREHEARING PROCEEDINGS" }, "rule": { "number": "§22.125", "label": "Interim Relief" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181347", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Availability. Interim relief is not available for tariff filings unless the tariff filing has been docketed.(b) Requests for interim relief. A request for interim relief shall be filed no later than 30 days before the interim relief is proposed to take effect, unless all parties agree to a later filing date.(c) Consideration of request for interim relief. Interim relief may be granted based on the agreement of all parties. The presiding officer may, after notice and opportunity for hearing, grant a contested request for interim relief only on a showing of good cause. In determining whether good cause exists, the presiding officer shall take into account:(1) The utility's ability to anticipate the need for and obtain final approval of relief prior to the time relief is reasonably needed;(2) other remedies available under law;(3) changed circumstances;(4) the effect of granting the request on the parties and the public interest;(5) whether interim relief is necessary to effect uniform system-wide rates; and(6) any other relevant factors as determined by the presiding officer.(d) Standard and burden of proof. In any proceeding involving a proposed interim change in rates, the burden of proof to show that the change proposed by the utility or existing rate is just and reasonable shall be on the utility.(e) Refunds and surcharges. Interim rates shall be subject to refund or surcharge to the extent the rates ultimately established differ from the interim rates.", "sourceNote": "Source Note: The provisions of this §22.125 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective January 17, 1999, 24 TexReg 256; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181347", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "G", "label": "PREHEARING PROCEEDINGS" }, "rule": { "number": "§22.126", "label": "Bonded Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181348", "queryAsDate": "03/11/2026" }, "ruleBody": "During the pendency of its rate proceeding, a utility seeking to implement rates under bond as allowed by PURA §36.110 or §53.110 or as allowed by TWC §13.187 or §13.1871 shall file the required number of copies of its application for approval of bond at least two weeks prior to the date the bonded rates are to be effective. The application shall conform to the requirements of subchapter E of this chapter (relating to Pleadings). The bond shall be in an amount equal to or greater than one-sixth of the annual difference between the utility's current rates and the bonded rates. The bond must be approved by the Commission Advising and Docket Management Division as to sufficiency based on the commission staff's review of the utility's application. Any decision by the Commission Advising and Docket Management Division either approving or disapproving a bond is appealable to the commission under §22.123 of this title (relating to Appeal of an Interim Order and Motions for Reconsideration of Interim Order Issued by the Commission).", "sourceNote": "Source Note: The provisions of this §22.126 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective January 17, 1999, 24 TexReg 256; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181348", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "G", "label": "PREHEARING PROCEEDINGS" }, "rule": { "number": "§22.127", "label": "Certification of an Issue to the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181327", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certification. The presiding officer may certify to the commission an issue that involves an ultimate finding of compliance with or satisfaction of a statutory standard the determination of which is committed to the discretion or judgment of the commission by law.(b) Issues eligible for certification. The following types of issues are appropriate for certification:(1) the commission's interpretation of its rules and applicable statutes;(2) which rules or statutes are applicable to a proceeding; or(3) whether commission policy should be established or clarified as to a substantive or procedural issue of significance to the proceeding.(c) Procedure for certification. The presiding officer shall submit the certified issue to the Commission Advising and Docket Management Division. The Commission Advising and Docket Management Division shall place the certified issue on the commission's agenda to be considered at the earliest time practicable that is not earlier than 20 days after its submission. Parties may file briefs on the certified issue within 13 days of its submission. The presiding officer may abate the proceeding while a certified issue is pending.(d) Commission action. The commission shall issue a written decision on the certified issue within thirty days of its submission. A commission decision on a certified issue is not subject to motion for rehearing.", "sourceNote": "Source Note: The provisions of this §22.127 adopted to be effective September 8, 1995, 20 TexReg 6627; amended to be effective January 17, 1999, 24 TexReg 256; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181327", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "H", "label": "DISCOVERY PROCEDURES" }, "rule": { "number": "§22.141", "label": "Forms and Scope of Discovery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. Parties may obtain discovery regarding any matter, not privileged or exempted under the Texas Rules of Civil Evidence, the Texas Rules of Civil Procedure, or other law or rule, that is relevant to the subject matter in the proceeding. Discoverable matters include the existence, description, nature, custody, condition, location and contents of any documents, including papers, books, accounts, drawings, graphs, charts, photographs, maps, email, audio or video recordings, and any other data compilations from which information can be obtained and translated, if necessary, by the person from whom information is sought, into reasonably usable form, and any other tangible things which constitute or contain matters relevant to the subject matter in the action, and the identity and location of persons having any knowledge of any discoverable matter. Discovery is not limited to tangible things, but may extend to knowledge, mental impressions, and opinions of persons who will testify; explanations of documents or tangible things, or information contained therein; and other relevant information within the knowledge or control of the entity from whom discovery is sought. A person is not required to produce a document or tangible thing unless it is within that person's constructive or actual possession, custody, or control. A person has possession, custody or control of a document or tangible thing as long as the person has a superior right to compel the production from a third party and can obtain possession of the document or tangible thing with reasonable effort.(b) Discovery methods. Parties may obtain discovery by requests for information, which include requests for inspection or production of documents or things, requests for admissions, and depositions by oral examination.(c) Stipulations regarding discovery procedure. The parties may, by written agreement:(1) provide that depositions may be taken at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions;(2) agree to extensions of time in which to respond to or object to a discovery request; and(3) modify the procedures provided by this chapter for other methods of discovery.", "sourceNote": "Source Note: The provisions of this §22.141 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214260", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "H", "label": "DISCOVERY PROCEDURES" }, "rule": { "number": "§22.142", "label": "Limitations on Discovery and Protective Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86020", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Limitation of discovery requests. The presiding officer may limit discovery, by order, to protect a party against unreasonable or unwarranted discovery requests.(1) The presiding officer may issue an order limiting discovery requests for good cause, including the following purposes:(A) Prevention of undue delay in the proceeding;(B) Protection from a request to provide information which is readily available to the requesting party at a reasonable cost;(C) Protection from unreasonably cumulative or duplicative discovery requests; or(D) Protection of a party or other person from undue burden, unnecessary expense, harassment or annoyance, or invasion of personal, constitutional, or property rights.(2) Any person from whom discovery is sought may file a motion for a protective order, specifying the grounds on which a protective order is justified. Motions or responses must include affidavits, discovery pleadings, or other pertinent documents to support the allegations made therein.(3) The presiding officer may order that:(A) Specific discovery not be sought in whole or in part, or that the extent or subject matter of discovery be limited, or that it not be undertaken at the time or place specified;(B) Discovery be undertaken only by such method or upon such terms and conditions or at the time and place directed by the presiding officer;(C) For good cause shown, results of discovery be sealed or otherwise adequately protected, that its distribution be limited, or that its disclosure be restricted;(D) Information or material be protected by any means consistent with the intent of this chapter; or(E) Information or material be protected in the interest of justice if necessary to protect the party from undue burden, unnecessary expense, harassment or annoyance, or invasion of personal, constitutional, or property rights.(4) The presiding officer may limit requests for information (RFIs) as set out in subsection (d) of this section.(b) Denial of right to discovery requests. The presiding officer may deny a party the right to continue discovery, by order, upon proof and a finding that the party abused the discovery process.(c) Protection of confidential or proprietary information. The presiding officer may issue a protective order governing the production of confidential or proprietary information as is appropriate in each proceeding before the commission. The order must be in the form adopted by the commission as the standard protective order. In addition, the parties may enter into agreements regarding protection of confidential or proprietary information. Entry of a protective order is not a determination that any documents produced under the protective order are proprietary or confidential.(d) Limitations on requests for information.(1) Before setting limitations on RFIs, the presiding officer must consider the factors set out in subparagraphs (A)-(K) of this paragraph.(A) The type of proceeding.(B) The number and complexity of the issues in the proceeding.(C) The cost of alternative forms of discovery for the party seeking discovery.(D) The comprehensiveness of the information provided in the application.(E) Any material deficiencies in the application.(F) The number of issues that the party seeking discovery is expected to address.(G) The novelty of the issues in the proceeding.(H) The number of answers required by requests, including subparts, propounded in similar proceedings.(I) Whether the number of questions is limited in other forms of discovery.(J) Whether the hearing on the merits will be shortened by virtue of questions that are answered.(K) Any jurisdictional deadlines.(2) For purposes of calculating the number of RFIs, each answer is considered a separate request for information.(3) If a party is not required to answer a question, that question may not be included in the calculation of whether the propounding party has reached its limit. However, if the presiding officer determines that a party is intentionally propounding frivolous, irrelevant, or otherwise objectionable requests, the question will be included in the calculation of a propounding party's limit.(4) To discourage duplicate RFIs, any party that does not use its entire allotment of RFIs directed toward another party may transfer, by written notice to the presiding officer, that portion of its allotment to any other party in the proceeding. The requirements of this paragraph do not apply to RFIs originating from commission staff or directed to commission staff.(5) The presiding officer may use discretion in determining whether to limit the number of RFIs that may be propounded upon commission staff or the Office of Public Utility Counsel by another party. In making this determination, the presiding officer must consider the limited resources available to each agency, and specifically that commission staff is required by law to represent the public interest in all proceedings before the commission.(6) The presiding officer may limit or expand the number of RFIs that commission staff may propound upon any other party, and must consider that commission staff is required by law to represent the public interest in all proceedings before the commission, and thus may require more questions than other parties to ensure that it adequately explores all of the issues presented in the case.", "sourceNote": "Source Note: The provisions of this §22.142 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective October 4, 1996, 21 TexReg 9159; amended to be effective August 13, 1998, 23 TexReg 8038; amended to be effective July 19, 2023, 48 TexReg 3899." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86020", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "H", "label": "DISCOVERY PROCEDURES" }, "rule": { "number": "§22.143", "label": "Depositions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83446", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Governing statute. The taking and use of depositions in any proceeding shall be governed by APA. A request to issue a commission for deposition shall be filed no later than five working days before the date of the deposition. Issuance of a commission for deposition is a ministerial act and does not preclude requests for issuance of a protective order pursuant to §22.142 of this title (relating to Limitations on Discovery and Protective Orders).(b) Deposition by agreement. Upon agreement of the parties, parties may waive the requirement of issuance of a commission. All parties shall be given no less than three working days notice of depositions, including the person to be deposed, the date, time, and place of the deposition, and the subject of the deposition.(c) Copy to be provided. Upon receipt of a transcript of the deposition by the party, the party conducting the deposition shall provide a copy of the transcript to commission staff .(d) Agreements. An agreement affecting a deposition upon oral examination is also enforceable if the agreement is recorded in the deposition transcript.", "sourceNote": "Source Note: The provisions of this §22.143 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective August 13, 1998, 23 TexReg 8038; amended to be effective March 26, 2001, 26 TexReg 2351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83446", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "H", "label": "DISCOVERY PROCEDURES" }, "rule": { "number": "§22.144", "label": "Requests for Information and Requests for Admission of Facts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8358", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Availability. At any time after an application is filed, and subject to the provisions of §22.141 of this title (relating to Forms and Scope of Discovery), any party may serve upon any other party written requests for information and requests for admission of fact.(b) Making requests for information.(1) Contents. A request under this section shall identify with reasonable particularity the information, documents or material sought. A request seeking inspection of documents or property shall describe with reasonable particularity the documents to be produced or the property to which access is requested, and shall set forth the items to be inspected by individual item or by category.(2) Service. A copy of each request for information shall be served upon all parties to the proceeding. Requests for information may be served by facsimile transmittal on the recipient of the request if the recipient has a facsimile machine available for use in the proceeding. Requests for information that are received after 3:00 p.m. shall be deemed to have been received the following business day. Responses to requests for information shall be served on the requesting party and any party that has requested, in writing, to be served.(c) Responding to requests for information.(1) Time for response. The party upon whom a request is served shall serve a full written response to the request within 20 days after receipt of the request. The presiding officer, on motion and for good cause shown, may extend or shorten the time for providing responses.(2) Requirements of response.(A) Each response to discovery under this subsection shall identify the preparer or person under whose direct supervision the response was prepared, and the sponsoring witness, if any.(B) Each request for information shall be answered separately. Responses to requests for information shall be preceded by the request to which the answer pertains.(C) Responses to requests for production of documents, property, or other items, shall state, for each item or category of items for which an objection has not been raised, that inspection or other requested action will be permitted at a mutually convenient time at the location where the documents, property, or other items are maintained. If compliance with the request is impossible, a written response shall be filed stating the reasons for the unavailability of the information.(D) Where the response to a request for information may be derived or ascertained from local public records, the responding party shall not be obligated to produce the documents for the requesting party. It shall be sufficient answer to identify with particularity the public records that contain the requested information.(E) Where a request may be answered by production of or reference to information that currently exists in the form of a document, computer record, or other existing tangible thing that is voluminous, as defined in subsection (h) of this section, it is a sufficient answer to the request to specify the records from which the answer may be derived or ascertained and to afford a reasonable opportunity to the requesting party to examine, to audit or to inspect such records and to allow the requesting party to make copies, compilations, abstracts or summaries from such records. The specification of records provided shall include sufficient detail to permit the requesting party to locate and to identify, as readily as can the responding party, the records from which the answers may be ascertained.(F) Responses to requests for information shall be filed under oath, unless the responding party stipulates in writing that responses to requests for information can be treated by all parties as if the answers were filed under oath.(d) Objections to requests for information. Parties shall negotiate diligently and in good faith concerning any discovery dispute prior to filing an objection. The objections shall include a statement that negotiations were conducted diligently and in good faith. If negotiation fails, objections to requests for information, if any, shall be filed within ten calendar days of receipt of the request for information. The objections shall state the date the request for information was received.(1) The objections shall be a separate pleading and entitled \"Objections of (name of objecting party) to (style of RFI objected to).\" The request for information to which an objection is being filed shall be stated and the specific grounds for the objection shall be separately listed for each question. If an objection pertains only to a part of a question, that part shall be clearly identified. All arguments upon which the objecting party relies shall be presented in full in the objection.(2) If the objection is founded upon a claim of privilege or exemption under the Texas Rules of Civil Procedure, the objecting party shall file within two working days of the filing of the objections, an index that lists, for each document: the date and title of the document; the preparer or custodian of the information; to whom the document was sent and from whom it was received; and the privilege(s) or exemption(s) that is claimed. A full and complete explanation of the claimed privilege or exemption shall be provided. The index shall be sufficiently detailed to enable the presiding officer to identify the documents from the list provided. The index and explanations shall be public documents and shall be served on all parties who are entitled to receive copies of responses to requests for information under subsection (b)(2) of this section. If a document is to be provided pursuant to the terms of a protective order, the responding party need not comply with the procedures of this paragraph.(3) A party raising objections on the grounds of relevance as well as grounds of privilege or exemption is not required to file an index to the privileged or exempt documents at the time the objections are filed. A party may instead include an objection to the filing of the index. The objections shall show good cause for postponement of the filing of the index. An index to the privileged or exempt documents shall be due within five working days of receipt of an order denying the relevance objection or overruling the objection to the filing of an index.(4) The requirement to respond to those requests, or portions thereof, to which objection is made shall be postponed until the objections are ruled upon and for such additional time thereafter as the presiding officer may direct.(5) In the interests of narrowing discovery disputes, the responding party may agree to provide certain information sought by a request while objecting to the provision of other information sought by the request.(e) Motions to compel. The party seeking discovery shall file a motion to compel no later than five working days after the objection is received. Absence of a motion to compel will be construed as an indication that the parties have resolved their dispute. The presiding officer may rule on the motion to compel based on written pleadings without allowing additional argument.(f) Responses to motions to compel. Responses to a motion to compel shall be filed within five working days after receipt of the motion, and shall include all factual and legal arguments the respondent wants to present regarding the motion.(g) In camera inspection. If an objection is founded on a claim of privilege or an exemption under the Texas Rules of Civil Procedure, the burden is on the objecting party to request an in camera inspection and to provide the documents for review. Any request shall be filed within three working days of the receipt of the motion to compel. The request shall contain the factual and legal basis to support the claimed exemption or privilege. The objecting party shall review the documents and note with specificity any portions to which the claimed privilege or exemption claim does not apply. The objecting party shall provide the documents to the presiding officer, under seal, no later than one working day after it requests an in camera inspection. Documents submitted for in camera review shall not be filed with the commission filing clerk. Documents submitted for in camera review shall be submitted to the presiding officer and enclosed in a sealed and labeled container accompanied by an explanatory cover letter. The cover letter shall identify the control number and style of the proceeding and explain the nature of the sealed materials. The container shall identify the control number, style of the case, name of the submitting party, and be marked \"IN CAMERA REVIEW\" in bold print at least one inch in size. Each page for which a privilege is asserted shall be marked \"privileged.\"(h) Production of voluminous material. The following procedures shall apply to production of voluminous materials:(1) Responses to particular questions that consist of less than 100 pages are not voluminous and shall be filed in full.(2) Subject to paragraph (3) of this subsection, the responding party shall make available all voluminous material provided in response to a request for information at a designated location in Austin.(3) A party will be released from its obligation to make available the requested voluminous material at a designated location in Austin, only if the volume of the material exceeds eight linear feet. In that event, the party shall make the material available where the material is located.(4) The party providing the voluminous material shall file with its response a detailed index of the voluminous material responsive to a particular question and shall organize the responses and material to enable parties to efficiently review the material, including labeling of material by request for information number and subparts and sequentially numbering the material responsive to a particular question. The index shall include:(A) information sufficient to locate each individual document by page number, file number, and box number;(B) the date of each document;(C) the title of the document, or, if none exists, a description of the document;(D) the name of the preparer of each document; and(E) the length of each document.(i) Duty to supplement. A responding party is under a continuing duty to supplement its discovery responses if that party acquires information upon the basis of which the party knows or should know that the response was incorrect or incomplete when made, or though correct or complete when made, is materially incorrect or incomplete. The responding party shall amend its prior response within five working days of acquiring the information.(j) Requests for admission of facts. Requests for admission of facts shall be made in accordance with the Texas Rules of Civil Procedure.(k) Modifications of deadlines. Modification of the deadlines for responses, objections, and motions to compel may be modified by agreement of the affected parties, by filing a letter or other document evidencing the agreement.", "sourceNote": "Source Note: The provisions of this §22.144 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective December 17, 2000, 25 TexReg 12381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8358", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "H", "label": "DISCOVERY PROCEDURES" }, "rule": { "number": "§22.145", "label": "Subpoenas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Issuance. Pursuant to APA, §2001.089, the presiding officer may issue a subpoena for the attendance of a witness or for the production of books, records, papers, or other objects. Motions for subpoenas to compel the production of books, records, papers, or other objects shall describe with reasonable particularity the objects desired and the material and relevant facts sought to be proved by them.(b) Service and Return. A subpoena may be addressed to the sheriff or any constable, who may serve the subpoena in any manner authorized by the Texas Rules of Civil Procedure; and service thereof may be accepted by any witness by a written memorandum, signed by such witness, attached to the subpoena, or by any other method authorized by the Texas Rules of Civil Procedure.(c) Fees. Subpoenas shall be issued by the presiding officer only after sums have been deposited to ensure payment of expense fees incident to the subpoenas. Payment of any such fees or expenses shall be made in the manner prescribed in APA, §2001.089 and §2001.103.(d) Motions to Quash. Motions to quash subpoenas shall be filed at least three working days before the date the witness is ordered to appear or the documents or other objects are ordered to be produced, unless the party ordered to respond to the subpoena shows that it was justifiably unable to file objections at that time.", "sourceNote": "Source Note: The provisions of this §22.145 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86021", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "I", "label": "SANCTIONS" }, "rule": { "number": "§22.161", "label": "Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220428", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Enforcement of subpoenas or commissions for depositions. If a person fails to comply with the subpoena or commission for deposition issued by the presiding officer, the commission or the party requesting the subpoena or commission for deposition may seek enforcement pursuant to APA. (b) Causes for imposition of sanctions. An administrative law judge, on the administrative law judge's own motion or on the motion of a party, after notice and an opportunity for a hearing, may impose appropriate sanctions against a party or its representative for: (1) filing a motion or pleading that was brought in bad faith, for the purpose of harassment, or for any other improper purpose, such as to cause unnecessary delay or needless increase in the cost of the proceeding; (2) abusing the discovery process in seeking, making or resisting discovery; (3) failing to obey an order of an administrative law judge or the commission. (c) Types of sanctions. A sanction imposed under subsection (b) of this section may include, as appropriate and justified, issuance of an order: (1) disallowing further discovery of any kind or a particular kind by the disobedient party; (2) charging all or any part of the expenses of discovery against the offending party or its representative; (3) holding that designated facts be deemed admitted for purposes of the proceeding; (4) refusing to allow the offending party to support or oppose a designated claim or defense or prohibiting the party from introducing designated matters in evidence; (5) disallowing in whole or in part requests for relief by the offending party and excluding evidence in support of such requests; (6) punishing the offending party or its representative for contempt to the same extent as a district court; (7) requiring the offending party or its representative to pay, at the time ordered by the administrative law judge, the reasonable expenses, including attorney's fees, incurred by other parties because of the sanctionable behavior; and (8) striking pleadings or testimony, or both, in whole or in part, or staying further proceedings until the order is obeyed. (d) Imposition of sanctions by the commission. In addition to the sanctions listed in subsection (c) of this section that may be imposed by an administrative law judge, except for Subsection (c)(6), any other presiding officer including the commission, after notice and opportunity for hearing, may impose sanctions including: (1) disallow the disobedient party's rights to participate in the proceeding; (2) dismiss the application with or without prejudice; (3) institute civil action; or (4) impose any other sanction available to the commission by law. (e) Procedure. A motion for sanctions may be filed at any time during the proceeding or may be initiated sua sponte by the presiding officer. A motion to compel discovery is not a prerequisite to the filing of a motion for sanctions. A motion should contain all factual allegations necessary to apprise the parties and the presiding officer of the conduct at issue, should request specific relief, and shall be verified by affidavit. A motion shall be served on all parties. Upon receipt of the motion, a hearing shall be held on the motion. Any order regarding sanctions issued by a presiding officer shall be appealable pursuant to §22.123 of this title (relating to Appeal of an Interim Order and Motions for Reconsideration of Interim Order Issued by the Commission). Any sanction imposed by the presiding officer shall be automatically stayed to allow the party to appeal the imposition of the sanction to the commission.", "sourceNote": "Source Note: The provisions of this §22.161 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 26, 2001, 26 TexReg 2351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220428", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "J", "label": "SUMMARY PROCEEDINGS" }, "rule": { "number": "§22.181", "label": "Dismissal of a Proceeding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "182299", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dismissal of a proceeding. Upon the motion of the presiding officer or the motion of any party, the presiding officer may recommend that the commission dismiss, with or without prejudice, any proceeding for any reason specified in this section.(b) Dismissal of issues within a proceeding. Upon the motion of the presiding officer or the motion of any party, the presiding officer may dismiss or may recommend that the commission dismiss, with or without prejudice, one or more issues within a proceeding for any reason specified in this section.(c) Dismissal without hearing. A dismissal under this section requires a hearing unless the facts necessary to support the dismissal are uncontested or are established as a matter of law.(d) Reasons for dismissal. Dismissal of a proceeding or one or more issues within a proceeding may be based on one or more of the following reasons:(1) lack of jurisdiction;(2) moot questions or obsolete petitions;(3) res judicata;(4) collateral estoppel;(5) unnecessary duplication of proceedings;(6) failure to prosecute;(7) failure to amend an application such that it is sufficient after repeated determinations that the application is insufficient;(8) failure to state a claim for which relief can be granted;(9) gross abuse of discovery consistent with §22.161(b)(2) of this title (relating to Sanctions);(10) withdrawal of an application consistent with subsection (g) of this section; or(11) other good cause shown.(e) Motion for dismissal, responses, and replies. Dismissal of a proceeding or one or more issues within a proceeding may be made upon the motion of the presiding officer or the motion of any party.(1) A party's motion for dismissal must specify at least one of the grounds for dismissal identified in subsection (d) of this section. The motion must include a statement that explains the basis for the dismissal and if necessary:(A) A statement that sets forth the material facts that support the motion; and(B) An affidavit that supports the motion and that includes evidence that is not found in the then-existing record.(2) A presiding officer's motion must be provided by written order or stated in the record and must specify one or more grounds for dismissal identified in subsection (d) of this section and a clear and concise statement of the material facts supporting the dismissal.(3) The party that initiated the proceeding and any other party has 20 days from the date of receipt to respond to a motion to dismiss unless the presiding officer specifies otherwise. The response must contain a statement of reasons the party contends the motion to dismiss should not be granted, and if necessary(A) A statement that refers to each material fact identified in the motion to dismiss as uncontested that the responding party contends is contested; and(B) An affidavit that supports the response to the motion to dismiss and that includes evidence the party relies upon to establish contested issues of fact. The affidavit may include evidence that is not found in the then-existing record.(4) Replies to a response to a motion to dismiss may be made only by leave of and as directed by the presiding officer.(f) Action on a motion to dismiss. Action on a motion to dismiss must conform to this subsection.(1) If a hearing on the motion to dismiss is held, that hearing must be confined to the issues raised by the motion to dismiss.(2) If the administrative law judge determines that all issues within a proceeding should be dismissed, the administrative law judge must prepare a proposal for decision in accordance with §22.261 of this title (relating to Proposals for Decision) to that effect, unless the reason for dismissal is solely one of the following:(A) the withdrawal of an application under subsection (g)(1), (2), or (3) of this section; or(B) either failure to prosecute under subsection (d)(6) of this section or failure to amend an application such that it is sufficient after repeated determinations that the application is insufficient under subsection (d)(7) of this section, or both, and the dismissal is without prejudice.(3) For dismissal under paragraphs (2)(A) and (2)(B) of this subsection, the administrative law judge may issue an order dismissing the proceeding. An order issued under this paragraph is a final order of the commission and is subject to motions for rehearing under §22.264 of this title (relating to Rehearing).(4) The commission will consider a proposal for decision recommending dismissal as soon as is practicable.(5) If the commission determines that all issues within a proceeding should be dismissed, the commission will issue an order subject to motions for rehearing under §22.264 of this title.(6) If the administrative law judge determines that one or more, but not all, issues within a proceeding should be dismissed, the administrative law judge may issue a proposal for interim decision or an interim order dismissing such issues. An interim order issued by the administrative law judge resulting in partial dismissal is subject to appeal or reconsideration under §22.123 of this title (relating to Appeal of an Interim Order and Motions for Reconsideration of Interim Order Issued by the Commission). If the commission determines that one or more, but not all, issues within a proceeding should be dismissed, the commission may issue an interim order dismissing such issues. An interim order issued by the commission resulting in partial dismissal is subject to appeal or reconsideration under §22.123 of this title.(g) Withdrawal of application. An application may be withdrawn only in accordance with this subsection.(1) A party that initiated a proceeding may withdraw its application without prejudice to refiling of same, at any time before that party has presented its direct case. A party may agree to withdraw its application with prejudice.(2) After the presentation of its direct case, but prior to the issuance of a proposed order or proposal for decision, a party may request to withdraw its application with or without prejudice, and withdrawal may be granted only upon a finding of good cause by the presiding officer.(3) The presiding officer may grant a request to withdraw an application with or without prejudice after a proposed order or proposal for decision has been issued if the request to withdraw is filed by the applicant and the applicant's application would be granted by the proposed order or proposal for decision.(4) A request to withdraw an application with or without prejudice after a proposed order or proposal for decision has been issued that is filed by an applicant to whom the result of the proposed order or proposal for decision is adverse may be granted only upon a finding of good cause by the commission. In ruling on the request, the commission will weigh the importance of the matter being addressed to the jurisprudence of the commission and the public interest.(5) A request to withdraw an application with or without prejudice after the application has been placed on an open meeting agenda for consideration of an appeal of an interim order, a request for certified issues, or a preliminary order with threshold legal or policy issues may be granted only upon a finding of good cause by the commission. In ruling on the request, the commission will weigh the importance of the matter being addressed to the jurisprudence of the commission and the public interest.(6) If a request to withdraw an application is granted, the presiding officer must issue an order of dismissal stating whether the dismissal is with or without prejudice. If the presiding officer finds good cause, the order of dismissal under this paragraph must not be with prejudice, unless the applicant requests dismissal with prejudice. Such order must, if applicable, specify the facts on which good cause is based and the basis of the dismissal and is the final order of the commission subject to motions for rehearing under §22.264 of this title.", "sourceNote": "Source Note: The provisions of this §22.181adopted to be effective January 5, 2017, 41 TexReg 10597; amended to be effective September 5, 2024, 49 TexReg 6737." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "182299", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "J", "label": "SUMMARY PROCEEDINGS" }, "rule": { "number": "§22.182", "label": "Summary Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181328", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Motion for summary decision. The presiding officer, on motion by any party, may grant a motion for summary decision on any or all issues to the extent that the pleadings, affidavits, materials obtained by discovery or otherwise, admissions, matters officially noticed in accordance with §22.222 of this title (relating to Official Notice), or evidence of record show that there is no genuine issue as to any material fact and that the moving party is entitled to a decision in its favor, as a matter of law, on the issues expressly set forth in the motion.(b) Filing and contents of motion. Any party to a proceeding may move for summary decision on any or all of the issues. The motion must be filed before the close of the hearing on the merits or before the issuance of a proposal for decision or proposed order if no hearing is held, unless the time to file is extended by order of the presiding officer. The party filing the motion shall demonstrate that the issue or issues may be resolved by summary decision in accordance with the standard set forth in subsection (a) of this section. Affidavits in support of the motion shall be based on personal knowledge and shall set forth such facts as would be admissible in evidence. A motion for summary decision shall specifically describe the facts upon which the request for summary decision is based, the information and materials which demonstrate those facts, and the laws or legal theories that entitle the movant to summary decision.(c) Response to motion. Any response to a motion for summary decision shall be filed within the time set by the presiding officer. A party opposing the motion shall show, by affidavits, materials obtained by discovery or otherwise, admissions, matters officially noticed, or evidence of record, that there is a genuine issue of material fact for determination at the hearing, or that summary decision is inappropriate as a matter of law.(d) Hearing on the motion. If appropriate, the presiding office shall set the motion for hearing.(e) No further hearing. No further evidentiary hearing shall be held on issues for which summary decision has been granted.(f) Action on the motion by administrative law judge. The administrative law judge must issue a proposal for decision if all issues will be resolved by summary decision. The administrative law judge may issue an interim order or a proposal for interim decision if some, but not all, issues will be resolved by summary decision. Such a partial summary decision may result if the motion for summary decision does not include all issues or, if the motion does include all issues, the administrative law judge grants summary decision on some issues and denies summary decision on other issues. Parties may file exceptions and replies to exceptions to a proposal for interim decision recommending resolution of issues by summary decision. An interim order issued by the administrative law judge granting partial summary decision is subject to appeal or reconsideration under §22.123 of this title (relating to Appeal of an Interim Order and Motions for Reconsideration of Interim Order Issued by the Commission).(g) Action on the motion by the commission. If all issues will be resolved by summary decision, the commission will issue an order that is subject to motions for rehearing under §22.264 of this title (relating to Motions for Rehearing). An interim order issued by the commission granting partial summary decision is subject to reconsideration under §22.123 of this title.", "sourceNote": "Source Note: The provisions of this §22.182 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective January 5, 2017, 41 TexReg 10597." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181328", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "J", "label": "SUMMARY PROCEEDINGS" }, "rule": { "number": "§22.183", "label": "Disposition by Default" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "452", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Default. A default occurs when a party who does not have the burden of proof fails to appear for a hearing or request a hearing within 30 days after service of notice of an opportunity for a hearing.(b) Default order. Upon default, the presiding officer may issue a default order - either a proposal for decision or a final order - disposing of the proceeding without a hearing. A default order requires adequate proof that:(1) The notice of the opportunity for a hearing included a disclosure in at least twelve-point, bold-face type, that the factual allegations listed in the notice could be deemed admitted, and the relief sought in the notice of hearing might be granted by default, if the defaulting party fails to timely request a hearing; and(2) The notice of opportunity for a hearing was sent by certified mail to:(A) the party's last known address in the commission's records, if the party has a license, certificate, or registration approved by the commission;(B) the registered agent for process for the party on file with the Secretary of State, if the party does not have a license, certificate, or registration approved by the commission and is registered with the Secretary of State; or(C) an address for the party identified after reasonable investigation, if subparagraphs (A) and (B) of this paragraph do not apply.(c) Exceptions and replies. Any party may file exceptions to a default proposal for decision and replies to exceptions under §22.261(d) of this title (relating to Proposals for Decision).(d) Motions for rehearing. Any party may file a motion for rehearing to a default final order under §22.264 of this title (relating to Rehearing).(e) Late hearing request. If a party requests a hearing after the deadline to request a hearing, but before a default order has become final, the presiding officer may grant the request for good cause shown.", "sourceNote": "Source Note: The provisions of this §22.183 adopted to be effective February 20, 2008, 33 TexReg 1321; amended to be effective September 28, 2011, 36 TexReg 6263; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "452", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "K", "label": "HEARINGS" }, "rule": { "number": "§22.201", "label": "Place and Nature of Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8361", "queryAsDate": "03/11/2026" }, "ruleBody": "All evidentiary hearings shall be held in Austin, unless the commission determines that it is in the public interest to hold a hearing elsewhere. The commission may, when it is in the public interest, hold regional hearings to obtain public comment.", "sourceNote": "Source Note: The provisions of this §22.201 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8361", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "K", "label": "HEARINGS" }, "rule": { "number": "§22.202", "label": "Presiding Officer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86038", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Presiding Officer to Conduct Hearings. Hearings in contested cases shall be conducted by one or more presiding officers. The presiding officer has the decision making authority set out in the commission rules, Government Code, APA, and PURA.(b) Commission May Preside Over Any Hearing. The commission has the authority to conduct any prehearing conference and hearing on any proceeding. The commission may conduct the entire hearing, or it may preside over a hearing in progress, in which case the commissioners shall read the record established to that date. Rulemaking hearings may be conducted by the commission or its designee.(c) Authority of Presiding Officer. The presiding officer has broad discretion in conducting the course, conduct, and scope of the hearing. The presiding officer's authority includes, but is not limited to, the power to administer oaths and affirmations; call and examine witnesses; receive evidence and testimony; rule upon the admissibility of evidence and amendments to pleadings; issue subpoenas; issue discovery, procedural, and scheduling orders; impose sanctions; compel the attendance of witnesses and the production of documents; authorize the taking of depositions; re-open the record, prior to the issuance of a proposal for decision, for additional evidence where it is necessary to make the record correct, accurate, and complete; make proposed findings of fact and conclusions of law; make proposed orders; issue interim orders; recess any hearing from time-to-time; abate a proceeding, and take any other action not prohibited by law or by commission rule which is necessary for an efficient and fair hearing.(d) Conduct of Hearing. The presiding officer shall rule expeditiously on all motions and objections made at the hearing. The presiding officer shall conduct the hearing in such a manner to secure fairness in administration, eliminate unjustifiable delay, and promote the development of the record consistent with the applicable laws. The presiding officer shall endeavor to limit the presentation of evidence that creates an unfair prejudice, confuses the issues, or causes undue delay or needless presentation of cumulative evidence, and may:(1) set reasonable times for a party to present evidence, including oral testimony of its own witnesses and cross-examination of other party's witnesses;(2) establish the order in which parties will present evidence and conduct cross-examination;(3) limit the number of witnesses to avoid cumulative or repetitious testimony;(4) limit the time allowed for cross-examination; and(5) order the presentation of cumulative evidence discontinued.(e) Replacement. If at any time a SOAH administrative law judge is unable to continue presiding over a case, SOAH may appoint a substitute administrative law judge who shall perform any function remaining to be performed without the necessity of repeating any previous proceedings. The substitute administrative law judge shall read the record of the proceedings that occurred prior to his or her appointment before issuing a Proposal for Decision or recommended findings of fact and conclusions of law.", "sourceNote": "Source Note: The provisions of this §22.202 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective October 27, 1998, 23 TexReg 10867." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86038", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "K", "label": "HEARINGS" }, "rule": { "number": "§22.203", "label": "Order of Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29874", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Opening the evidentiary hearing. The presiding officer shall open the hearing by making a concise statement of its scope and purposes and by taking appearances of each party or the party's authorized representative.(b) Order of procedure in evidentiary hearings.(1) The party with the burden of proof on the whole proceeding shall be entitled to open and to close. Parties shall be allowed to make opening statements. Following opening statements, if any, the party with the burden of proof shall be allowed to proceed with its direct case. Opposing parties shall be allowed to cross-examine each witness, consistent with any order aligning parties. Each party shall then present its case and witnesses will be subjected to cross-examination. Unless otherwise ordered by the presiding officer for good cause, the commission staff representing the public interest shall be the last party to present a direct case.(2) Redirect or recross examination will be limited to matters raised in the round of examination immediately preceding the redirect or recross examination.(3) The party with the burden of proof may rebut evidence presented by opposing parties after all parties have presented their direct cases. Rebuttal may be afforded other parties at the presiding officer's discretion, provided that the party with the burden of proof shall be entitled to make the closing presentation, which may include surrebuttal.(4) The presiding officer may allow supplemental rebuttal only to the extent that the party with the burden of proof could not have reasonably anticipated the need for such evidence in time to file it with the party's main rebuttal case. Oral supplemental rebuttal may be allowed, provided that the testimony is in response to matters first brought up in cross examination of a nonapplicant witness and only to the extent that the applicant could not have reasonably anticipated the need for such evidence in time to file it in written form. If a party intends to present supplemental rebuttal, it shall state in writing or on the record at the beginning of the presentation of its rebuttal case which witnesses will be presenting supplemental rebuttal, the general subject of the supplemental rebuttal, the evidence which the supplemental rebuttal is intended to rebut, and which rebuttal, if any, will be oral rather than written. Written supplemental rebuttal, if allowed, shall be filed no later than five working days after the date the evidence being rebutted was admitted. Oral supplemental rebuttal shall be limited to evidence offered to rebut evidence admitted less than five working days before the oral supplemental rebuttal is offered. Any exhibits offered during oral supplemental rebuttal shall be distributed to the presiding officer and the parties at the beginning of the applicant's rebuttal case, unless otherwise ordered by the presiding officer. A party may be exempted from the requirements of this subparagraph only upon a showing that compliance is not feasible.(5) After parties have completed the presentation of evidence, and have been afforded the opportunity to cross-examine the other parties' witnesses, closing statements shall be allowed. Such statements shall be made either in writing or orally at the presiding officer's discretion.(6) The presiding officer may question any witness testifying in a case. A party may raise an evidentiary objection to any question asked by the presiding officer, and the presiding officer shall rule on any such objection.(7) Subject to the requirements of APA, the presiding officer may call upon any party for further material or relevant evidence on any issue before issuing a proposal for decision. The additional evidence shall not be admitted without an opportunity for inspection, objection, and cross-examination by all parties, and rebuttal by the party with the burden of proof on the whole proceeding.", "sourceNote": "Source Note: The provisions of this §22.203 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective March 26, 2001, 26 TexReg 2351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29874", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "K", "label": "HEARINGS" }, "rule": { "number": "§22.204", "label": "Transcript and Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "453", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Preparation of Transcript. When requested by any party to a proceeding, a stenographic record of all proceedings before a presiding officer in any prehearing conference or hearing, including all evidence and argument, shall be made by an official reporter appointed by the commission. It is the responsibility of the party desiring the stenographic record to arrange for the official reporter to be present.(b) Purchase of Copies. A party may purchase a copy of the transcript from the official reporter at rates set by the commission.(c) Corrections to Transcript. Proposed written corrections of purported errors in a transcript shall be filed and served on each party of record, the official reporter, and the presiding officer within a reasonable time after the discovery of the error. The presiding officer may establish time limits for proposing corrections. If no party objects to the proposed corrections within 12 days after filing, the presiding officer may direct that the official reporter correct the transcript as appropriate. In the event that the presiding officer or a party disagrees on suggested corrections, the presiding officer may hold a posthearing conference and take evidence and argument to determine whether, and in what manner, the record shall be changed.(d) Filing of Transcript and Exhibits. The court reporter shall serve the transcript and exhibits in a proceeding on the presiding officer at the time the transcript is provided to the requesting party. The presiding officer shall maintain the transcript and exhibits until they are filed with the commission filing clerk. If no court reporter is requested by a party, the presiding officer shall maintain the official record and exhibits until they are filed with the commission filing clerk. The original record and exhibits shall be filed with the commission filing clerk promptly after issuance of a proposal for decision.(e) Contents of Record. The record in a contested case comprises those items specified in APA.", "sourceNote": "Source Note: The provisions of this §22.204 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "453", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "K", "label": "HEARINGS" }, "rule": { "number": "§22.205", "label": "Briefs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8356", "queryAsDate": "03/11/2026" }, "ruleBody": "Briefs shall conform, where practicable, to the requirements set forth for formatting pleadings in this chapter. Briefs in excess of 10 pages shall contain a table of contents with page numbers stated. The presiding officer may require parties to address certain issues, or address issues in a specific order or format. If the legal authority cited in the briefs is not contained in the commission library, a copy of the legal authority shall be provided at the time the brief is filed.", "sourceNote": "Source Note: The provisions of this §22.205 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8356", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "K", "label": "HEARINGS" }, "rule": { "number": "§22.206", "label": "Consideration of Contested Settlements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8362", "queryAsDate": "03/11/2026" }, "ruleBody": "Where some of the parties have reached a settlement of some or all of the issues, each party in the proceeding shall have the right to have a full hearing before a presiding officer on issues that remain in dispute and judicial review of issues that remain in dispute. An issue of fact raised by a nonsettling party cannot be waived by a settlement or stipulation of the other parties, and the nonsettling party may use the issue of fact raised by that party as the basis for judicial review.", "sourceNote": "Source Note: The provisions of this §22.206 adopted to be effective September 8, 1995, 20 TexReg 6627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8362", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "K", "label": "HEARINGS" }, "rule": { "number": "§22.207", "label": "Referral to State Office of Administrative Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8363", "queryAsDate": "03/11/2026" }, "ruleBody": "The utility division of the State Office of Administrative Hearings shall conduct hearings related to contested cases before the commission, other than a hearing conducted by one or more commissioners. At the time SOAH receives jurisdiction of a proceeding, the commission shall provide to the administrative law judge a list of issues or areas that must be addressed. In addition, the commission may identify and provide to the administrative law judge at any time additional issues or areas that must be addressed. The commission shall send a request for setting or hearing, or request for assignment of administrative law judge to SOAH in sufficient time to allow resolution of the proceeding prior to the expiration of any jurisdictional deadline. In order to give the commission sufficient time to consider a proposal for decision, the commission may specify the length of time prior to the expiration of a jurisdictional deadline by which the administrative law judge shall issue a proposal for decision.", "sourceNote": "Source Note: The provisions of this §22.207 adopted to be effective September 8, 1995, 20 TexReg 6627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8363", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "L", "label": "EVIDENCE AND EXHIBITS IN CONTESTED CASES" }, "rule": { "number": "§22.221", "label": "Rules of Evidence in Contested Cases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61826", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Rules of civil evidence apply. The Texas Rules of Civil Evidence as applied in nonjury civil cases in the courts of Texas shall be followed in contested cases. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. When necessary to ascertain facts not reasonably susceptible of proof under the Texas Rules of Civil Evidence, evidence not admissible under those rules may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.(b) Rules of privilege and exemption. The rules of privilege and exemption recognized by Texas law shall apply.(c) Objections. Objections to evidentiary offers may be made, shall be ruled upon, and shall be noted in the record. Failure to object to evidence at the time it is offered constitutes a waiver of all objections to the evidence.(d) Formal exceptions not required. Formal exceptions to rulings made by the presiding officer during a hearing are not required. It shall be sufficient that the party notified the presiding officer of the grounds for the objection and desired ruling.(e) Public comment. Public comment is not part of the evidentiary record of a contested case.", "sourceNote": "Source Note: The provisions of this §22.221 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61826", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "L", "label": "EVIDENCE AND EXHIBITS IN CONTESTED CASES" }, "rule": { "number": "§22.222", "label": "Official Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27852", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Facts noticeable. Official notice may be taken of judicially cognizable facts not subject to reasonable dispute in that they are generally known within the jurisdiction of the commission or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. In addition, official notice may be taken of generally recognized facts within the area of the commission's specialized knowledge.(b) Motions for Official Notice and Opportunity to Respond. If a party intends to rely on matters officially noticed as part of that party's direct case, the motion for official notice shall be made by the deadline established for that party to prefile direct testimony or as directed by the presiding officer. Otherwise, a party's motion for official notice shall be made prior to the conclusion of the evidentiary hearing unless made pursuant to §22.226(d) of this title (relating to Exhibits). Motions for official notice may be written or oral. The motion shall state with specificity the facts, material, records, or documents of which official notice is requested, and copies of such materials, records, or documents shall be provided to the presiding officer and all parties, unless otherwise ordered by the presiding officer on a showing of good cause. A party who opposes the motion shall have the opportunity to contest the requested action.(c) Notification of materials proposed to be noticed. The presiding officer may take official notice of facts, material, records or documents authorized by APA, §2001.090. The parties shall be notified of the facts, material, records or documents proposed to be officially noticed and shall be given the opportunity to contest the proposed action.(d) Judicial and Administrative Decisions, Commission Orders, Proposals for Decision, and Presiding Officer's Orders. Official notice shall not be taken of judicial and administrative decisions, commission orders, proposals for decision, and presiding officer's orders for the purpose of citing such documents as precedent or as legal support for a position. A party may cite any part of such decisions, orders and reports in its pleadings. Official notice may be taken of judicial and administrative decisions, commission orders, proposals for decision, and presiding officer's orders for evidentiary purposes.", "sourceNote": "Source Note: The provisions of this §22.222 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective February 11, 1999, 24 TexReg 689." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27852", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "L", "label": "EVIDENCE AND EXHIBITS IN CONTESTED CASES" }, "rule": { "number": "§22.223", "label": "Witnesses To Be Sworn" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8364", "queryAsDate": "03/11/2026" }, "ruleBody": "Oral testimony in contested cases shall be presented under oath or affirmation administered by the presiding officer or an official reporter.", "sourceNote": "Source Note: The provisions of this §22.223 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8364", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "L", "label": "EVIDENCE AND EXHIBITS IN CONTESTED CASES" }, "rule": { "number": "§22.224", "label": "Documentary Evidence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181329", "queryAsDate": "03/11/2026" }, "ruleBody": "A copy of a document may be admitted as evidence if authenticity is not questioned or is established by competent evidence. On request, parties shall have the opportunity to compare the copy with the original, unless it is not practicable or reasonable to do so. When numerous documents of a similar nature are offered, the presiding officer may limit those admitted to a number of documents which are representative, provided no party's rights are prejudiced thereby. The presiding officer may require a party to abstract or summarize data from documents and to present the abstract or summary in exhibit form. All parties shall have the opportunity to examine the documents from which the abstract or summary is prepared. Such abstract or summary shall be admitted into evidence in lieu of the documents from which it was prepared only if all parties agree that the abstract or summary is accurate.", "sourceNote": "Source Note: The provisions of this §22.224 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181329", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "L", "label": "EVIDENCE AND EXHIBITS IN CONTESTED CASES" }, "rule": { "number": "§22.225", "label": "Written Testimony and Accompanying Exhibits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181330", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prefiling of testimony, exhibits, and objections.(1) Unless otherwise ordered by the presiding officer upon a showing of good cause, the written direct and rebuttal testimony and accompanying exhibits of each witness shall be prefiled. Deposition testimony and responses to requests for information by an opposing party that a party plans to introduce as part of its direct case shall be filed at the time the party files its written direct testimony. The presiding officer shall establish a date for filing of deposition testimony and requests for information that an applicant plans to introduce as part of its direct case.(2) Deposition testimony and responses to requests for information that a party plans to introduce in support of its rebuttal case shall be filed at the time the party files its written rebuttal testimony.(3) A party is not required to prefile documents it intends to use during cross-examination except that the presiding officer may require parties to identify documents that may be used during cross examination if it is necessary for the orderly conduct of the hearing.(4) Objections to prefiled direct testimony and exhibits, including deposition testimony and responses to requests for information, shall be filed on dates established by the presiding officer and shall be ruled upon before or at the time the prefiled testimony and accompanying exhibits are offered. Objections to prefiled rebuttal testimony shall be filed according to the schedule ordered by the presiding officer.(5) Nothing in this section shall preclude a party from using discovery responses in its direct or rebuttal case even if such responses were not received prior to the applicable deadline for prefiling written testimony and exhibits.(6) The prefiled testimony schedule in a major rate proceeding shall be established as set out in this subsection.(A) Any utility filing an application to change its rates in a major rate proceeding shall file the written testimony and exhibits supporting its direct case on the same date that such statement of intent to change its rates is filed with the commission. As set forth in §22.243(b) of this title (relating to Rate Change Proceedings), the prefiled written testimony and exhibits shall be included in the rate filing package filed with the application.(B) Other parties in the proceeding shall prefile written testimony and exhibits according to the schedule set forth by the presiding officer. Except for good cause shown or upon agreement of the parties, the commission staff representing the public interest may not be required to file earlier than seven days prior to hearing.(C) The presiding officer shall establish dates for filing of rebuttal testimony.(7) For electric and telecommunication rate proceedings, the presiding officer shall establish a prefiled testimony schedule for PURA chapter 36, subchapter D or chapter 53, subchapter D rate cases and for cases other than major rate proceedings. In proceedings that are not major rate proceedings, notice of intent proceedings, applications for certificates of convenience and necessity for new generating plant, or applications for fuel reconciliations, the applicant is not required to prefile written testimony and exhibits at the time the filing is made unless otherwise required by statute or rule.(8) For all water and sewer matters filed under TWC chapters 12 or 13, the presiding officer shall establish a prefiled testimony schedule. The applicant is not required to prefile written testimony and exhibits at the time the filing is made unless otherwise required by statute or rule.(9) Utilities filing an application for construction of a transmission facility that has been designated by the Electric Reliability Council of Texas (ERCOT) independent system operator as critical to the reliability of the ERCOT system and to be considered on an expedited basis, shall file written testimony and exhibits supporting its direct case on the same date that the application is filed with the commission. This requirement shall also apply to transmission lines located in other reliability councils or administered by other independent system operators provided such councils have a process for designation of critical transmission lines.(10) The times for prefiling set out in this section may be modified upon a showing of good cause.(11) Late-filed testimony may be admitted into evidence if the testimony is necessary for a full disclosure of the facts and admission of the testimony into evidence would not be unduly prejudicial to the legal rights of any party. A party that intends to offer late-filed testimony into evidence shall, at the earliest opportunity, inform the presiding officer, who shall establish reasonable procedures and deadlines regarding such testimony.(b) Admission of prefiled testimony. Unless otherwise ordered by the presiding officer, direct and rebuttal testimony shall be received in written form. The written testimony of a witness on direct examination or rebuttal, either in narrative or question and answer form, may be received as an exhibit and incorporated into the record without the written testimony being read into the record. A witness who is offering written testimony shall be sworn and shall be asked whether the written testimony is a true and accurate representation of what the testimony would be if the testimony were to be given orally at the time the written testimony is offered into evidence. The witness shall submit to cross-examination, clarifying questions, redirect examination, and recross-examination. The presiding officer may allow voir dire examination where appropriate. Written testimony shall be subject to the same evidentiary objections as oral testimony. Timely prefiling of written testimony and exhibits, if required under this section or by order of the presiding officer, is a prerequisite for admission into evidence.(c) Supplementation of prefiled testimony and exhibits. Oral or written supplementation of prefiled testimony and exhibits may be allowed prior to or during the hearing provided that the witness is available for cross-examination. The presiding officer may exclude such testimony if there is a showing that the supplemental testimony raises new issues or unreasonably deprives opposing parties of the opportunity to respond to the supplemental testimony. The presiding officer may admit the supplemental testimony and grant the parties time to respond.(d) Tender and service. On or before the date the prefiled written testimony and exhibits are due, parties shall file the number of copies required by §22.71 of this title (relating to Filing of Pleadings, Documents and Other Materials), or other commission rule or order, of the testimony and exhibits with the commission filing clerk and shall serve a copy upon each party.(e) Withdrawal of evidence. Any exhibit offered and admitted in evidence may not be withdrawn except with the agreement of all parties and approval of the presiding officer.", "sourceNote": "Source Note: The provisions of this §22.225 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective February 11, 1999, 24 TexReg 689; amended to be effective March 26, 2001, 26 TexReg 2363; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181330", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "L", "label": "EVIDENCE AND EXHIBITS IN CONTESTED CASES" }, "rule": { "number": "§22.226", "label": "Exhibits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8365", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Form. Exhibits, other than maps, to be offered in evidence at a hearing shall be of a size which will not unduly encumber the record. Whenever practicable, exhibits shall conform to the size requirements established by §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission). The pages of each exhibit shall be consecutively numbered.(b) Marking and exchanging exhibits. Each exhibit offered in evidence shall be marked for identification by the presiding officer or official reporter, if one is present. Copies of the exhibit shall be furnished to the presiding officer and distributed to each party present at the hearing no later than the time the exhibit is offered in evidence, or at an earlier time if ordered by the presiding officer for the orderly conduct of the hearing.(c) Excluded exhibits. If the party offering an exhibit that has been identified, objected to and excluded wishes to withdraw the offer, the presiding officer shall permit the return of the exhibit to the party.(d) Late exhibits. Except as may otherwise be agreed to by the parties on the record prior to the close of the hearing, no exhibit shall be received in evidence in any proceeding after the hearing has been concluded except on the motion of the presiding officer or for good cause shown on written motion of the party offering the evidence. If the admission into evidence of a late-filed exhibit is proposed, copies shall be served on all parties of record. Parties shall file pleadings in opposition to admission of late-filed exhibits within five working days of the receipt of the motion requesting admission of the exhibit.", "sourceNote": "Source Note: The provisions of this §22.226 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8365", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "L", "label": "EVIDENCE AND EXHIBITS IN CONTESTED CASES" }, "rule": { "number": "§22.227", "label": "Offers of Proof" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8368", "queryAsDate": "03/11/2026" }, "ruleBody": "When the presiding officer excludes testimony or documentary evidence, the party offering the excluded material shall be permitted to make an offer of proof prior to the close of the hearing. The party may make the offer by dictating into the record or submitting in writing the substance of the proposed testimony or by tendering the documentary evidence for inclusion in the record. Except for cross-examination concerning matters relating to the admissibility of the testimony or documentary evidence, cross-examination on offers of proof shall be deferred until such time, if any, that the testimony is admitted into evidence. The presiding officer may direct that offers of proof be transcribed separately. Failure to make an offer of proof may constitute a waiver of any objection to the exclusion of the testimony or documentary evidence in question.", "sourceNote": "Source Note: The provisions of this §22.227 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8368", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "L", "label": "EVIDENCE AND EXHIBITS IN CONTESTED CASES" }, "rule": { "number": "§22.228", "label": "Stipulation of Facts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86043", "queryAsDate": "03/11/2026" }, "ruleBody": "No stipulation of facts between the parties or their authorized representatives shall be admitted into evidence unless it has been reduced to writing and signed by the parties or their authorized representatives or, upon leave of the presiding officer, dictated into the record during a prehearing conference or hearing at which all parties to the agreement are present, have waived the right to be present, or have received reasonable notice that the settlement will be read into the record at that prehearing conference or hearing.", "sourceNote": "Source Note: The provisions of this §22.228 adopted to be effective November 1, 1993, 18 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86043", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "M", "label": "PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS" }, "rule": { "number": "§22.241", "label": "Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181331", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Commission investigations. (1) The commission may at any time institute formal investigations on its own motion, or the motion of the commission's staff, . Orders and pleadings initiating investigations shall specify the matters to be investigated, and shall be served upon the person being investigated. (2) Notice of commission-instituted investigations of specific persons subject to commission regulation and investigative proceedings affecting such persons as a class will be served upon all affected persons under investigation. The commission shall post notice with the Texas Register of prehearing conferences and hearings. The presiding officer may require additional notice. (b) Show cause orders in complaint proceeding. The presiding officer, either upon his or her own motion or upon receipt of written complaint, may at any time after appropriate notice has been given, summon any person within the commission's jurisdiction to appear in a public hearing and show cause why such person should not be compelled to comply with any applicable statute, rule, regulation, or general order with which the person is allegedly not in compliance. All hearings in such show cause proceedings shall be conducted in accordance with the provisions of this chapter. (c) No limitations. Nothing in this section shall be construed to limit the commission's authority to investigate persons subject to the commission's jurisdiction.", "sourceNote": "Source Note: The provisions of this §22.241 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective May 11, 1999, 24 TexReg 3476; amended to be effective March 26, 2001, 26 TexReg 2351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181331", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "M", "label": "PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS" }, "rule": { "number": "§22.242", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181332", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Records of complaints. Any affected person may complain to the commission, either in writing or by telephone, setting forth any act or thing done or omitted to be done by any person under the jurisdiction of the commission in violation or claimed violation of any law which the commission has jurisdiction to administer or of any order, ordinance, rule, or regulation of the commission. The commission staff may request a complaint made by telephone be put in writing if necessary to complete investigation of the complaint. The commission shall keep information about each complaint filed with the commission. The commission shall retain the information in conformance with the agency's records retention schedule as approved by the Texas State Library and Archives Commission. The information shall include:(1) the date the complaint is received;(2) the name of the complainant;(3) the subject matter of the complaint;(4) a record of all persons contacted in relation to the complaint;(5) a summary of the results of the review or investigation of the complaint; and(6) for complaints for which the commission took no action, an explanation of the reason the complaint was closed without action.(b) Access to complaint records. The commission shall keep a file about each written complaint filed with the commission that the commission has the authority to resolve. The commission shall provide to the person filing the complaint and to the persons or entities complained about the commission's policies and procedures pertaining to complaint investigation and resolution. The commission, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person or entity complained of about the status of the complaint unless the notice would jeopardize an undercover investigation.(c) Informal resolution required in certain cases. A person must present a complaint to the commission for informal resolution before presenting the complaint to the commission.(1) Exceptions. A complainant may present a formal complaint to the commission, without first referring the complaint for informal resolution, if:(A) the complainant is commission staff, the Office of Public Utility Counsel, or any city;(B) the complaint is filed by a qualifying facility and concerns rates paid by an electric utility for power provided by the qualifying facility, the terms and conditions for the purchase of such power, or any other matter that affects the relations between an electric utility and a qualifying facility;(C) the complaint is filed by a person alleging that an electric utility or a telecommunications utility has engaged in anti-competitive practices;(D) the complaint has been the subject of a complaint proceeding conducted by a city;(E) the complaint is filed by a person alleging that a water or sewer utility has abandoned the service of the utility; or(F) the complaint is filed by a person alleging that a wholesale water or sewer provider has discontinued, reduced, or impaired its wholesale water or sewer service to its customers for reasons other than those specified in §24.88 of this title (relating to Discontinuance of Service).(2) For any complaint that is not listed in paragraph (1) of this subsection, the complainant may submit to the commission a written request for waiver of the requirement for attempted informal resolution. The complainant shall clearly state the reasons informal resolution is not appropriate. The commission staff may grant the request for good cause.(d) Termination of informal resolution. The commission staff shall attempt to informally resolve all complaints within 35 days of the date of receipt of the complaint. The commission staff shall notify, in writing, the complainant and the person against whom the complainant is seeking relief of the status of the dispute at the end of the 35-day period. If the dispute has not been resolved to the complainant's satisfaction within 35 days, the complainant may present the complaint to the commission. The commission staff shall notify the complainant of the procedures for formally presenting a complaint to the commission.(e) Formal Complaint. If an attempt at informal resolution fails, or is not required under subsection (c) of this section, the complainant may present a formal complaint to the commission.(1) Requirement to present complaint concerning electric, water, or sewer utility to a city. If a person receives electric, water, or sewer utility service or has applied to receive electric, water, or sewer utility service within the limits of a city that has original jurisdiction over the electric, water, or sewer utility providing service or requested to provide service, the person must present any complaint concerning the electric, water, or sewer utility to the city before presenting the complaint to the commission.(A) The person may present the complaint to the commission after:(i) the city issues a decision on the complaint; or(ii) the city issues a statement that it will not consider the complaint or a class of complaints that includes the person's complaint.(B) If the city does not act on the complaint within 30 days, the commission may send the city a letter requesting that the city act on the complaint. If the city does not respond or act within 30 days from the date of the letter, the complaint shall be deemed denied by the city and the commission shall consider the complaint.(2) The commission staff may permit a complainant to cure any deficiencies under this subsection and may waive any of the requirements of this subsection for good cause, if the waiver will not materially affect the rights of any other party. A formal complaint shall include the following information:(A) the name of the complainant or complainants;(B) the name of the complainant's representative, if any;(C) the address, telephone number, and facsimile transmission number, if available, and, unless the person has filed a statement under §22.106 of this title (relating to Statement of No Access), the email address of the complainant or the complainant's representative;(D) the name of the person against whom the complainant is seeking relief;(E) if the complainant is seeking relief against an electric, water, or sewer utility, a statement of whether the complaint relates to service that the complainant is receiving within the limits of a city;(F) if the complainant is seeking relief against an electric, water, or sewer utility within the limits of a city, a description of any complaint proceedings conducted by the city, including the outcome of those proceedings;(G) a statement of whether the complainant has attempted informal resolution through the commission staff and the date on which the informal resolution was completed or the time for attempting the informal resolution elapsed;(H) a description of the facts that gave rise to the complaint; and(I) a statement of the relief that the complainant is seeking.(f) Copies to be provided. A complainant shall file the required number of copies of the formal complaint as required by §22.71 of this title (relating to Filing of Pleadings, Documents, and Other Materials). A complainant shall provide a copy of the formal complaint to the person from whom relief is sought.(g) Docketing of complaints. Any complaint that substantially complies with the requirements of this section shall be docketed.(h) Continuation of service during processing of complaint. In any case in which a formal complaint has been filed and an allegation is made that a person is threatening to discontinue a customer's service, the presiding officer may, after notice and opportunity for hearing, issue an order requiring the person to continue to provide service during the processing of the complaint. The presiding officer may issue such an order for good cause, on such terms as may be reasonable to preserve the rights of the parties during the processing of the complaint.(i) List of cities without regulatory authority. The commission shall maintain and make available to the public a list of the municipalities that do not have exclusive original jurisdiction over all electric rates, operations, and services provided by an electric utility within its city or town limits and a list of the municipalities that have surrendered to the commission original jurisdiction over the rates charged by a utility for retail water or sewer service within the corporate boundaries of the municipality.", "sourceNote": "Source Note: The provisions of this §22.242 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective May 11, 1999, 24 TexReg 3476; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181332", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "M", "label": "PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS" }, "rule": { "number": "§22.243", "label": "Electric or Telecommunication Rate Change Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181333", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Statements of intent. No electric utility or public utility, other than an electric cooperative that has elected to be exempt from rate regulation under PURA chapter 36, may make changes in its rates except by filing a statement of intent with the regulatory authority having original jurisdiction at least 35 days prior to the effective date of the proposed change. The statement of intent shall include proposed revisions of tariffs and schedules and a statement specifying in detail each proposed change, the effect the proposed change is expected to have on the revenues of the electric utility or public utility, the effective date of the proposed rate change, the classes and numbers of utility ratepayers affected, and a description of the service for which a change is requested. For major rate proceedings, the expected change in revenues must be expressed as an annual dollar increase over adjusted test year revenues and as a percent increase over adjusted test year revenues.(b) Rate filing package. Any electric utility or public utility filing a statement of intent to change its rates in a major rate proceeding under PURA chapter 36, subchapter C or chapter 53, subchapter C shall file a rate filing package and supporting workpapers as required by the commission's current rate filing package at the same time it files a statement of intent. The rate filing package shall be securely bound under cover, and shall include all information required by the commission's rate filing package form in the format specified. Examination for sufficiency and correction of deficiencies in rate filing packages is governed by §22.75 of this title (relating to Examination and Correction of Pleadings and Documents).(c) Uncontested applications subject to administrative review. If no motion to intervene is filed by the deadline for filing motions to intervene, the application may be considered under the procedure set forth in §22.32 of this title (relating to Administrative Review).", "sourceNote": "Source Note: The provisions of this §22.243 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective May 11, 1999, 24 TexReg 3476; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181333", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "M", "label": "PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS" }, "rule": { "number": "§22.244", "label": "Review of Municipal Electric Rate Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contents of petitions. In addition to any information required by statute, petitions for review of municipal rate actions filed under PURA §33.052 or §§33.101-33.104 shall contain the original petition for review with the required signatures and following additional information.(1) Each signature page of a petition shall contain in legible form above the signatures the following:(A) A statement that the petition is an appeal of a specific rate action of the municipality in question;(B) The date of and a concise description of that rate action;(C) A statement designating a specific individual, group of individuals, or organization as the signatories' authorized representative; and(D) A statement that the designated representative is authorized to represent the signatories in all proceedings before the commission and appropriate courts of law and to do all things necessary to represent the signatories in those proceedings.(2) The printed or typed name, telephone number, street or rural route address, and facsimile transmission number, if available, of each signatory shall be provided. Post office box numbers are not sufficient. In appeals relating to PURA §§33.101-33.104, the petition shall list the address of the location where service is received if the address differs from the residential address of the signatory.(b) Signatures. A signature shall be counted only once, regardless of the number of bills the signatory receives. The signature shall be of the person in whose name service is provided or such person's spouse. The signature shall be accompanied by a statement indicating whether the signatory is appealing the municipal rate action as a qualified voter of that municipality under PURA §33.052, or as a customer of the municipality served outside the municipal limits under PURA §§33.101-33.104.(c) Validity of petition and correction of deficiencies. The petition shall include all of the information required by this section, legibly written, for each signature in order for the signature to be deemed valid. The presiding officer may allow the petitioner a reasonable time of up to 30 days from the date any deficiencies are identified to cure any defects in the petition.(d) Verification of petition. Unless otherwise provided by order of the presiding officer, the following procedures shall be followed to verify petitions appealing municipal rate actions filed under PURA §33.052 and §§33.101-33.104.(1) Within 15 days of the filing of an appeal of a municipal rate action, the Commission Advising and Docket Management Division shall send a copy of the petition to the respondent municipality with a directive that the municipality verify the signatures on the petition.(2) Within 30 days after receipt of the petition from the Commission Advising and Docket Management Division, the municipality shall file with the commission a statement of review, together with a supporting written affidavit sworn to by a municipal official.(3) The period for the municipality's review of the signatures on the petition may be extended by the presiding officer for good cause.(4) Failure of the municipality to timely submit the statement of review shall result in all signatures being deemed valid, unless any signature is otherwise shown to be invalid or is invalid on its face.(5) Objections by the municipality to the authenticity of signatures shall be set out in its statement of review and shall be resolved by the presiding officer.(e) Disputes. Any dispute over the sufficiency or legibility of a petition shall be resolved by the presiding officer by interim order.", "sourceNote": "Source Note: The provisions of this §22.244 adopted to be\r\neffective November 1, 1993, 18 TexReg 6641; amended to be effective\r\nSeptember 8, 1995, 20 TexReg 6627; amended to be effective May 11,\r\n1999, 24 TexReg 3476; amended to be effective March 26, 2001, 26 TexReg\r\n2351; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218018", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "M", "label": "PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS" }, "rule": { "number": "§22.246", "label": "Administrative Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168141", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. This section addresses enforcement actions related to administrative penalties or disgorgement of excess revenues only and does not apply to any other enforcement actions that may be undertaken by the commission or the commission staff.(b) Definitions. The following words and terms, when used in this section, have the following meanings unless the context indicates otherwise:(1) Affected wholesale electric market participant--An entity, including a retail electric provider (REP), municipally owned utility (MOU), or electric cooperative, that sells energy to retail customers and served load during the period of the violation.(2) Excess revenue--As defined in §25.503 of this title (relating to Oversight of Wholesale Market Participants).(3) Executive director--The executive director of the commission or the executive director's designee.(4) Person--Includes a natural person, partnership of two or more persons having a joint or common interest, mutual or cooperative association, and corporation.(5) Violation--Any activity or conduct prohibited by the Public Utility Regulatory Act (PURA), the Texas Water Code (TWC), commission rule, or commission order.(6) Continuing violation--Except for a violation of PURA chapter 17, 55, or 64, and commission rules or commission orders adopted or issued under those chapters, any instance in which the person alleged to have committed a violation attests that a violation has been remedied and was accidental or inadvertent and subsequent investigation reveals that the violation has not been remedied or was not accidental or inadvertent.(c) Amount of administrative penalty for violations of PURA or a rule or order adopted under PURA.(1) Each day a violation continues or occurs is a separate violation for which an administrative penalty can be levied, regardless of the status of any administrative procedures that are initiated under this subsection.(2) The administrative penalty for each separate violation of PURA or of a rule or order adopted under PURA may not exceed the limits established by §25.8 of this title (relating to Classification System for Violations of Statutes, Rules, and Orders Applicable to Electric Service Providers).(3) The amount of the administrative penalty must be based on:(A) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;(B) the economic harm to property or the environment caused by the violation;(C) the history of previous violations;(D) the amount necessary to deter future violations;(E) efforts to correct the violation;(F) adherence to an applicable voluntary mitigation plan approved by the commission under §25.504 of this title (relating to Wholesale Market Power in the Electric Reliability Council of Texas Power Region); and(G) any other matter that justice may require, including, but not limited to, the respondent's timely compliance with requests for information, completeness of responses, and the manner in which the respondent has cooperated with the commission during the investigation of the alleged violation.(d) Amount of administrative penalty for violations of the TWC or a rule or order adopted under chapter 13 of the TWC.(1) Each day a violation continues may be considered a separate violation for which an administrative penalty can be levied, regardless of the status of any administrative procedures that are initiated under this subsection.(2) The administrative penalty for each separate violation may be in an amount not to exceed $5,000 per day.(3) The amount of the penalty must be based on:(A) the nature, circumstances, extent, duration, and gravity of the prohibited acts or omissions;(B) the degree of culpability, including whether the violation was attributable to mechanical or electrical failures and whether the violation could have been reasonably anticipated and avoided;(C) the demonstrated good faith, including actions taken by the person, affiliated interest, or entity to correct the cause of the violation;(D) any economic benefit gained through the violations;(E) the amount necessary to deter future violations; and(F) any other matters that justice requires.(e) Initiation of investigation. Upon receiving an allegation of a violation or of a continuing violation, the executive director will determine whether an investigation should be initiated.(f) Report of violation or continuing violation. If, based on the investigation undertaken in accordance with subsection (e) of this section, the executive director determines that a violation or a continuing violation has occurred, the executive director may issue a report to the commission.(1) Contents of the report. The report must state the facts on which the determination is based and a recommendation on the imposition of an administrative penalty, including a recommendation on the amount of the administrative penalty and, if applicable under §25.503 of this title, a recommendation that excess revenue be disgorged.(2) Notice of report.(A) Within 14 days after the report is issued, the executive director will give written notice of the report to the person who is alleged to have committed the violation or continuing violation which is the subject of the report. The notice may be given by regular or certified mail.(B) For violations of the TWC or a rule or order adopted under chapter 13 of the TWC, within ten days after the report is issued, the executive director will, by certified mail, return receipt requested, give written notice of the report to the person who is alleged to have committed the violation or continuing violation which is the subject of the report.(C) The notice must include:(i) a brief summary of the alleged violation or continuing violation;(ii) a statement of the amount of the recommended administrative penalty;(iii) a statement recommending disgorgement of excess revenue, if applicable, under §25.503 of this title;(iv) a statement that the person who is alleged to have committed the violation or continuing violation has a right to a hearing on the occurrence of the violation or continuing violation, the amount of the administrative penalty, or both the occurrence of the violation or continuing violation and the amount of the administrative penalty;(v) a copy of the report issued to the commission under this subsection; and(vi) a copy of this section, §22.246 of this title (relating to Administrative Penalties).(D) If the commission sends written notice to a person by mail addressed to the person's mailing address as maintained in the commission's records, the person is deemed to have received notice:(i) on the fifth day after the date that the commission sent the written notice, for notice sent by regular mail; or(ii) on the date the written notice is received or delivery is refused, for notice sent by certified mail.(g) Options for response to notice of violation or continuing violation.(1) Opportunity to remedy.(A) This paragraph does not apply to a violation of PURA chapters 17, 55, or 64; PURA §35.0021 or §38.075; or chapter 13 of the TWC; or of a commission rule or commission order adopted or issued under those chapters or sections.(B) Within 40 days of the date of receipt of a notice of violation set out in subsection (f)(2) of this section, the person against whom the administrative penalty or disgorgement may be assessed may file with the commission proof that the alleged violation has been remedied and that the alleged violation was accidental or inadvertent. A person who claims to have remedied an alleged violation has the burden of proving to the commission both that an alleged violation was remedied before the 31st day after the date the person received the report of violation and that the alleged violation was accidental or inadvertent. Proof that an alleged violation has been remedied and that the alleged violation was accidental or inadvertent must be evidenced in writing, under oath, and supported by necessary documentation.(C) If the executive director determines that the alleged violation has been remedied, was remedied within 30 days, and that the alleged violation was accidental or inadvertent, no administrative penalty will be assessed against the person who is alleged to have committed the violation.(D) If the executive director determines that the alleged violation was not remedied or was not accidental or inadvertent, the executive director will make a determination as to what further proceedings are necessary.(E) If the executive director determines that the alleged violation is a continuing violation, the executive director will institute further proceedings, including referral of the matter for hearing under subsection (i) of this section.(2) Payment of administrative penalty, disgorged excess revenue, or both. Within 20 days after the date the person receives the notice set out in subsection (f)(2) of this section, the person may accept the determination and recommended administrative penalty and, if applicable, the recommended excess revenue to be disgorged through a written statement sent to the executive director. If this option is selected, the person must take all corrective action required by the commission. The commission by written order will approve the determination and impose the recommended administrative penalty and, if applicable, recommended disgorged excess revenue or order a hearing on the determination and the recommended penalty.(3) Request for hearing. Not later than the 20th day after the date the person receives the notice set out in subsection (f)(2) of this section, the person may submit to the executive director a written request for a hearing on any or all of the following:(A) the occurrence of the violation or continuing violation;(B) the amount of the administrative penalty; and(C) the amount of disgorged excess revenue, if applicable.(4) Failure to respond. If the person fails to timely respond to the notice set out in subsection (f)(2) of this section, the commission by order will approve the determination and impose the recommended penalty or order a hearing on the determination and the recommended penalty.(5) Opportunity to remedy a weather preparedness violation.(A) This paragraph applies to a violation of PURA §35.0021, §38.075, or a commission rule or order adopted or issued under those sections.(B) PURA §15.024(c), as written, does not apply to a violation of PURA §35.0021, §38.075, or a commission rule or order adopted or issued under those sections. This paragraph implements PURA §15.024(c), as modified by PURA §15.023(a), §35.0021(g), and §38.075(d), for violations of PURA §35.0021, §38.075, or a commission rule or order adopted or issued under those sections.(C) The commission may impose an administrative penalty against an entity regulated under PURA §35.0021 or §38.075 that violates those sections, or a commission rule or order adopted under those sections, except:(i) the commission will assess a penalty for a violation of PURA §35.0021, §38.075, or a commission rule adopted under those sections if the entity against which the penalty may be assessed does not remedy the violation within a reasonable amount of time; and,(ii) the commission will not assess a penalty for a violation of PURA §35.0021, §38.075, or a commission rule or order adopted or issued under those sections if the violation was accidental or inadvertent, and the entity against which the penalty may be assessed remedies the violation within a reasonable period of time.(D) For purposes of this paragraph, the following provisions apply unless a provision conflicts with a commission rule or order adopted under PURA §35.0021 or §38.075, in which case, the commission rule or order applies.(i) Not all violations to which this paragraph applies can be remedied. Subparagraph (C)(i) and (ii) of this paragraph do not apply to a violation that cannot be remedied.(ii) For purposes of subparagraph (C)(i) and (ii) of this paragraph, an entity that claims to have remedied an alleged violation and, if applicable, that the alleged violation was accidental or inadvertent has the burden of proving its claim to the commission. Proof that an alleged violation has been remedied and, if applicable, that the alleged violation was accidental or inadvertent must be evidenced in writing, under oath, and supported by necessary documentation.(iii) An entity that remedies a violation that is discovered during an inspection by the independent organization certified under PURA §39.151 for the ERCOT power region prior to the deadline provided to that entity by the independent organization in accordance with PURA §35.0021 or §38.075 is deemed to have remedied that violation in a reasonable period of time.(iv) If the independent organization certified under PURA §39.151 has not provided an entity with a deadline, the executive director will determine whether the deadline can be remedied and, if so, the deadline for remedying a violation within a reasonable period of time. The executive director will provide the entity with written notice of the violation and the deadline for remedying the violation within a reasonable period of time. This notice does not constitute notice under subsection (f)(2) of this section unless it fulfills the other requirements of that subsection. However, the provisions of subsection (f)(2)(D) of this section apply to notice under this clause.(v) The executive director will determine if and when a report should be issued to the commission under subsection (f) of this section and will make a determination as to what further proceedings are necessary.(vi) If the executive director determines that the alleged violation was not remedied within a reasonable period of time or is a continuing violation, the executive director will issue a report to the commission under subsection (f) of this section and will institute further proceedings, including referral of the matter for hearing under subsection (i) of this section.(vii) If the commission determines that the deadline for remedying a violation provided by the independent organization certified under PURA §39.151 or determined by the executive director is unreasonable, the commission will determine what the deadline should have been. The commission will use this updated deadline to determine the applicability of subparagraph (C)(i) and (ii) of this paragraph and, if appropriate, as a factor in determining the magnitude of administrative penalty to impose against the entity for the violation.(h) Settlement conference. A settlement conference may be requested by any party to discuss the occurrence of the violation or continuing violation, the amount of the administrative penalty, disgorged excess revenue if applicable, and the possibility of reaching a settlement prior to hearing. A settlement conference is not subject to the Texas Rules of Evidence or the Texas Rules of Civil Procedure; however, the discussions are subject to Texas Rules of Civil Evidence 408, concerning compromise and offers to compromise.(1) If a settlement is reached:(A) the parties must file a report with the executive director setting forth the factual basis for the settlement;(B) the executive director will issue the report of settlement to the commission; and(C) the commission by written order will approve the settlement.(2) If a settlement is reached after the matter has been referred to the State Office of Administrative Hearings, the matter will be returned to the commission. If the settlement is approved, the commission will issue an order memorializing commission approval and setting forth commission orders associated with the settlement agreement.(i) Hearing. If a person requests a hearing under subsection (g)(3) of this section, or the commission orders a hearing under subsection (g)(4) of this section, the commission will refer the case to SOAH under §22.207 of this title (relating to Referral to State Office of Administrative Hearings) and give notice of the referral to the person. For violations of the TWC or a rule or order adopted under chapter 13 of the TWC, if the person charged with the violation fails to timely respond to the notice, the commission by order will assess the recommended penalty or order a hearing to be held on the findings and recommendations in the report. If the commission orders a hearing, the case will then proceed as set forth in paragraphs (1) - (5) of this subsection.(1) The commission will provide the SOAH administrative law judge a list of issues or areas that must be addressed.(2) The hearing must be conducted in accordance with the provisions of this chapter and notice of the hearing must be provided in accordance with the Administrative Procedure Act.(3) The SOAH administrative law judge will promptly issue to the commission a proposal for decision, including findings of fact and conclusions of law, about:(A) the occurrence of the alleged violation or continuing violation;(B) whether the alleged violation was cured and was accidental or inadvertent for a violation of any chapter other than PURA chapters 17, 55, or 64; of a commission rule or commission order adopted or issued under those chapters; or of chapter 13 of the TWC; and(C) the amount of the proposed administrative penalty and, if applicable, disgorged excess revenue.(4) Based on the SOAH administrative law judge's proposal for decision, the commission may:(A) determine that a violation or continuing violation has occurred and impose an administrative penalty and, if applicable, disgorged excess revenue;(B) if applicable, determine that a violation occurred but that, as permitted by subsection (g)(1) of this section, the person remedied the violation within 30 days and proved that the violation was accidental or inadvertent, and that no administrative penalty will be imposed; or(C) determine that no violation or continuing violation has occurred.(5) Notice of the commission's order issued under paragraph (4) of this subsection must be provided under the Government Code, chapter 2001 and §22.263 of this title (relating to Final Orders) and must include a statement that the person has a right to judicial review of the order.(j) Parties to a proceeding. The parties to a proceeding under chapter 15 of PURA relating to administrative penalties or disgorgement of excess revenue will be limited to the person who is alleged to have committed the violation or continuing violation and the commission, including the independent market monitor. This does not apply to a subsequent proceeding under subsection (k) of this section.(k) Distribution of Disgorged Excess Revenues. Disgorged excess revenues must be remitted to an independent organization, as defined in PURA §39.151. The independent organization must distribute the excess revenue to affected wholesale electric market participants in proportion to their load during the intervals when the violation occurred to be used to reduce costs or fees incurred by retail electric customers. The load of any market participants that are no longer active at the time of the distribution will be removed prior to calculating the load proportions of the affected wholesale electric market participants that are still active. However, if the commission determines other wholesale electric market participants are affected or a different distribution method is appropriate, the commission may direct commission staff to open a subsequent proceeding to address those issues.(1) No later than 90 days after the disgorged excess revenues are remitted to the independent organization, the monies must be distributed to affected wholesale electric market participants active at the time of distribution, or the independent organization must, by that date, notify the commission of the date by which the funds will be distributed. The independent organization must include with the distributed monies a communication that explains the docket number in which the commission ordered the disgorged excess revenues, an instruction that the monies must be used to reduce costs or fees incurred by retail electric customers, and any other information the commission orders.(2) The commission may require any affected wholesale electric market participants receiving disgorged funds to demonstrate how the funds were used to reduce the costs or fees incurred by retail electric customers.(3) Any affected wholesale electric market participant receiving disgorged funds that is affiliated with the person from whom the excess revenue is disgorged must distribute all of the disgorged excess revenues directly to its retail customers and must provide certification under oath to the commission.", "sourceNote": "Source Note: The provisions of this §22.246 adopted to be effective September 12, 1996, 21 TexReg 8478; amended to be effective August 13, 1998, 23 TexReg 8038; amended to be effective March 15, 2000, 25 TexReg 2027; amended to be effective October 17, 2006, 31 TexReg 8510; amended to be effective November 8, 2012, 37 TexReg 8788; amended to be effective December 4, 2016, 41 TexReg 9472; amended to be effective January 5, 2020, 45 TexReg 147; amended to be effective March 17, 2022, 47 TexReg 1226; amended to be effective May 15, 2024, 49 TexReg 3202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168141", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "M", "label": "PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS" }, "rule": { "number": "§22.248", "label": "Retail Public Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225360", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. This section is intended to address proceedings related to retail public utilities, including applications related to certificates of convenience and necessity, rate proceedings, or appeals of rate actions.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:(1) 30 TAC Chapter 80--Texas Commission on Environmental Quality (TCEQ) rules relating to Contested Case Hearings, as the rules existed on August 31, 2014.(2) Retail public utility--A retail public utility as defined in Texas Water Code §13.002.(c) Transfer of proceedings.(1) On September 1, 2014, proceedings related to a retail public utility's certificate of convenience and necessity or rates shall be transferred to the commission in accordance with law.(2) The procedural rules of the commission shall be used in every retail public utility proceeding transferred to the commission as soon as practicable or as established by this section.(3) The presiding officer shall have authority to determine in accordance with this section whether the commission's procedural rules, the TCEQ's procedural rules as continued in force by this section, or any combination of those agencies' rules shall apply in each retail public utility proceeding transferred to the commission.(d) Specific procedures in transferred case. Every retail public utility proceeding transferred to the commission on September 1, 2014 shall be subject to this chapter as follows:(1) If a preliminary hearing has not been held and a scheduling order has not been issued in a proceeding transferred to the commission, then this chapter shall govern all aspects of the proceeding that have not been completed.(2) If a preliminary hearing has been held and a scheduling order has issued, but a hearing on the merits has not been held, then the presiding officer shall convene a prehearing conference to address and establish the following matters:(A) whether 30 TAC Chapter 80 or this chapter shall govern discovery;(B) whether the procedural schedule should be modified or the proceeding abated, or both, to allow a reasonable time for the staff of the commission to prepare and file testimony or to modify or adopt the testimony previously filed by the TCEQ;(C) to discuss the filing requirements of the commission under this chapter; and(D) to reconcile any other matters that may arise as a result of the transfer of the proceeding to the commission.(3) If a hearing on the merits has been completed, but a proposal for decision has not been delivered, the proposal for decision shall be delivered to the commission and this chapter shall govern the remainder of the proceeding.(4) If a proposal for decision has been issued, but the matter has not been decided, then:(A) the administrative and hearing record shall be transferred to the commission as expeditiously as possible;(B) if dates have not been set for exceptions and replies to exception to the proposal for decision, those dates shall be set and the parties notified of the dates; and(C) the matter shall be scheduled for an open meeting before the commission.(e) Motions for rehearing. Motions for rehearing for every proceeding transferred to the commission shall be governed by this chapter.(f) Proceedings initiated after September 1, 2014. Every retail public utility proceeding initiated at the commission after September 1, 2014 shall be governed by this chapter and by Chapter 24 of this title (relating to Substantive Rules Applicable to Water and Sewer Service Providers).(g) Continuation of TCEQ rules. The rules of the TCEQ related to the duties transferred to the commission regarding water and sewer utilities continue as rules of the commission until amended or replaced by this commission. This section is a replacement of those procedural rules, provided however, that the procedural rules of the TCEQ are continued for proceedings transferred to the commission to the extent not inconsistent with this section.", "sourceNote": "Source Note: The provisions of this §22.248 adopted to be effective August 4, 2014, 39 TexReg 5894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225360", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "M", "label": "PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS" }, "rule": { "number": "§22.251", "label": "Review of Electric Reliability Council of Texas (ERCOT) Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8374", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the procedure by which an entity, including commission staff and the Office of Public Utility Counsel (OPUC), may file a complaint regarding ERCOT's conduct as the independent organization certified under PURA §39.151 or any successor in interest to ERCOT.(b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Applicable ERCOT Procedures--the applicable sections of the ERCOT protocols that are available to challenge or modify ERCOT conduct, including Section 20 (Alternative Dispute Resolution Procedures, or ADR) and Section 21 (Process for Protocol Revision), and other participation in an applicable revision process.(2) Conduct--a decision, act, or omission.(3) Resource--refers to a generation resource, load resource, or an energy storage resource, as defined and used in the ERCOT protocols.(4) Resource entity--an entity that owns or controls a resource.(c) Scope of complaints. (1) The scope of permitted complaints includes ERCOT's performance as the independent organization certified under PURA §39.151, including ERCOT's promulgation and enforcement of standards and procedures relating to reliability, transmission access, customer registration, and the accounting of electricity production and delivery among generators and other market participants.(2) An affected entity may file a complaint with the commission, setting forth any ERCOT conduct that is alleged to be in violation of any law that the commission has jurisdiction to administer, any order or rule of the commission, or any protocol, procedure, or binding document adopted by ERCOT in accordance with any law that the commission has jurisdiction to administer.(3) A resource entity may file a complaint with the commission regarding a decision by ERCOT on the resource entity's exemption or extension request under §25.517 of this title (relating to Exemption Process for ERCOT Reliability Requirements) in accordance with this section, including the provisions in subsection (r) of this section. Any other affected entity may file a complaint with the commission regarding a decision by ERCOT on an exemption or extension request under §25.517 of this title as ERCOT conduct under the general provisions of this section. (d) ERCOT Protocols compliance prerequisite. An affected entity must attempt to challenge or modify ERCOT conduct using the Applicable ERCOT Procedures before filing a complaint with the commission under this section. If a complainant fails to use the Applicable ERCOT Procedures, the presiding officer may dismiss or abate the complaint to afford the complainant an opportunity to use the Applicable ERCOT Procedures.(1) A complainant may file a complaint with the commission directly, without first using the Applicable ERCOT Procedures, if:(A) the complainant is commission staff or OPUC;(B) the complainant is not required to comply with the Applicable ERCOT Procedures;(C) the complainant seeks emergency relief necessary to resolve health or safety issues;(D) compliance with the Applicable ERCOT Procedures would inhibit the ability of the affected entity to provide continuous and adequate service; or(E) the commission has granted a waiver of the requirement to use the Applicable ERCOT procedures in accordance with paragraph (2) of this subsection.(2) An affected entity may file with the commission a request for waiver of the Applicable ERCOT Procedures. The waiver request must be in writing and clearly state the reasons why the Applicable ERCOT Procedures are not appropriate. The commission may grant the waiver for good cause shown.(3) For complaints for which ADR proceedings have not been conducted at ERCOT, the presiding officer may require informal dispute resolution.(e) Formal complaint. (1) A formal complaint must be filed within 35 days of the ERCOT conduct that is the subject of the complaint, except as otherwise provided in this subsection. When an ERCOT ADR procedure has been timely commenced, a complaint concerning the ERCOT conduct or decision that is the subject of the ADR procedure must be filed no later than 35 days after the completion of the ERCOT ADR procedure. The presiding officer may extend the deadline, upon a showing of good cause, including the parties' agreement to extend the deadline to accommodate ongoing efforts to resolve the matter informally, and the complainant's failure to timely discover through reasonable efforts the injury giving rise to the complaint.(2) A formal complaint must include the following information: (A) a complete list of all complainants and the entities against whom the complainant seeks relief and the addresses and e-mail addresses of the parties or their counsel or other representatives;(B) a procedural and historical statement of the case that does not exceed two pages, as reasonably practicable, and does not discuss the facts. The statement must contain the following:(i) a concise description of any underlying proceeding or any prior or pending related proceedings;(ii) the identity of all entities or classes of entities that would be directly affected by the commission's decision, to the extent such entities or classes of entities can reasonably be identified;(iii) a concise description of the ERCOT conduct from which the complainant seeks relief;(iv) a statement of the ERCOT procedures, protocols, binding documents, by-laws, articles of incorporation, or law applicable to resolution of the dispute;(v) whether the complainant has used the Applicable ERCOT Procedures for challenging or modifying the complained-of ERCOT conduct or decision as described in subsection (d) of this section and, if not, the provision of subsection (d) of this section upon which the complainant relies to excuse its failure to use the Applicable ERCOT Procedures;(vi) a statement of whether the complainant seeks a suspension of the ERCOT conduct complained of while the complaint is pending; and(vii) a statement of the basis of the commission's jurisdiction, presented without argument.(C) a detailed and specific statement of all issues or points presented for commission review;(D) a concise statement of the relevant facts, presented without argument. Each fact must be supported by references to the record, if any;(E) a clear and concise argument for the contentions made, with appropriate citation to authorities and to the record, if any;(F) a statement of all questions of fact, if any, that the complainant contends require an evidentiary hearing;(G) a short conclusion that states the nature of the relief sought; and(H) a record consisting of a certified or sworn copy of any document constituting or evidencing the matter complained of. The record may also contain any other item relevant to the issues or points presented for review, including affidavits or other evidence on which the complainant relies.(3) If the complainant seeks to suspend the ERCOT conduct complained of while the complaint is pending, and all entities against whom the complainant seeks relief do not agree to the suspension, the complaint must include a statement of the harm that is likely to result to the complainant if the ERCOT conduct is not suspended.(A) Harm may include deprivation of an entity's ability to obtain meaningful or timely relief if a suspension is not entered. (B) A request for suspension of the ERCOT conduct must be reviewed in accordance with subsection (j) of this section.(4) All factual statements in the complaint must be verified by affidavit made on personal knowledge by an affiant who is competent to testify to the matters stated.(5) A complainant must file the formal complaint with the commission and serve a copy of the complaint and any other documents in accordance with §22.74 of this title (relating to Service of Pleadings and Documents) on:(A) ERCOT's general counsel;(B) each entity from whom relief is sought;(C) OPUC; and(D) any other party.(f) Notice. Within 14 days of receipt of the complaint, ERCOT must provide notice of the complaint by email to all qualified scheduling entities and, at ERCOT's discretion, all relevant ERCOT committees and subcommittees. Notice must consist of an attached electronic copy of the complaint, including the docket number, but may exclude the record required by subsection (e)(2)(H) of this section.(g) Response to complaint. ERCOT's response to a complaint is due within 28 days after receipt of the complaint by ERCOT. The deadline for other responses is 45 days after the date the complaint is filed. All responses must comply with the provisions of this subsection. (1) A response to a complaint must be confined to the issues or points raised in the complaint and must otherwise conform to the requirements for the complaint established under subsection (e) of this section except for the following items:(A) the list of parties and counsel unless necessary to supplement or correct the list contained in the complaint;(B) a procedural and historical statement of the case, a statement of the issues or points presented for commission review, or a statement of the facts, unless the responding party contests that portion of the complaint;(C) a statement of jurisdiction, unless the complaint fails to assert valid grounds for jurisdiction, in which case the reasons why the commission lacks jurisdiction must be concisely stated; and(D) any item already contained in a record filed by another party.(2) If the complainant seeks a suspension of the ERCOT conduct that is the subject of the complaint, the response to the complaint must state whether the responding party opposes the suspension and, if so, the basis for the opposition, specifically stating the harm likely to result if a suspension is ordered.(h) Comments by commission staff and motions to intervene. (1) Commission staff representing the public interest must file comments within 45 days after the date on which the complaint was filed. (2) Any party desiring to intervene in accordance with §22.103 of this title (relating to Standing to Intervene) must file a motion to intervene accompanied by a response to the complaint within 45 days after the date on which the complaint was filed.(i) Reply. The complainant may file a reply addressing any matter in a party's response or commission staff's comments. A reply, if any, must be filed within 55 days after the date on which the complaint was filed. The commission may consider and decide the complaint before a reply is filed.(j) Suspension of conduct. The ERCOT conduct that is the subject of the complaint remains in effect until the presiding officer issues an order suspending the conduct. (1) If the complainant seeks to suspend the ERCOT conduct that is the subject of the complaint while the complaint is pending and all entities against whom the complainant seeks relief do not agree to the suspension, the complainant must demonstrate that there is good cause for suspension. A good cause determination under this subsection will be based on the presiding officer's assessment of:(A) the harm that is likely to result to the complainant if a suspension is not ordered;(B) the harm that is likely to result to others if a suspension is ordered;(C) the likelihood of the complainant's success on the merits of the complaint; and(D) any other relevant factors as determined by the commission or the presiding officer.(2) The presiding officer may issue an order, for good cause, on such terms as may be reasonable to preserve the rights and protect the interests of the parties during the processing of the complaint, including requiring the complainant to provide reasonable security, assurances, or to take certain actions, as a condition for granting the requested suspension.(3) A party may appeal a decision of a presiding officer granting or denying a request for a suspension, in accordance with §22.123 of this title (relating to Appeal of an Interim Order and Motions for Reconsideration of Interim Orders Issued by the Commission).(k) Oral argument. If the facts are such that the commission may decide the matter without an evidentiary hearing on the merits, a party desiring oral argument must comply with the procedures set forth in §22.262(d) of this title (relating to Commission Action After a Proposal for Decision). In its discretion, the commission may decide a case without oral argument if the argument would not significantly aid the commission in determining the legal and factual issues presented in the complaint.(l) Extension or shortening of time limits.(1) The presiding officer may grant a request to extend or shorten the time periods established by this rule for good cause shown.(A) Any request or motion to extend or shorten the schedule must be filed prior to the date on which any affected filing would otherwise be due.(B) A request to modify the schedule must include a representation of whether all other parties agree with the request and a proposed schedule.(2) For cases to be determined after the making of factual determinations or through commission ADR as provided for in subsection (o) of this section, the presiding officer will issue a procedural schedule.(m) Standard for review. (1) If the factual determinations related to the ERCOT conduct complained of have not been provided or established in a manner that meets the procedural standards under paragraph (3) of this subsection, or if factual determinations necessary to the resolution of the matter have not been provided or established, the commission will resolve any factual issues on a de novo basis. (2) If the factual determinations supporting the ERCOT conduct complained of have been made in a manner that meets the procedural standards specified under paragraph (3) of this subsection, the commission will reverse a factual finding only if it is not supported by substantial evidence or is arbitrary and capricious. (3) Facts must be determined:(A) in a proceeding to which the parties have voluntarily agreed to participate; and(B) by an impartial third party under circumstances that are consistent with the guarantees of due process inherent in the procedures established by the Texas Government Code Chapter 2001 (Administrative Procedure Act).(n) Referral to the State Office of Administrative Hearings (SOAH). (1) If resolution of a complaint does not require determination of any factual issues, the commission may decide the issues raised by the complaint on the basis of the complaint, including any comments and responses. (2) If factual determinations must be made to resolve a complaint brought under this section, disposition by summary decision under §22.182 of this title (relating to Summary Decision) is not appropriate, and the parties do not agree to the making of all factual determinations in accordance with a procedure described in subsection (o) of this section, the matter may be referred to SOAH.(o) Availability of alternative dispute resolution. In accordance with Texas Government Code Chapter 2009 (Governmental Dispute Resolution Act), the commission will make available to the parties alternative dispute resolution procedures described by Civil Practices and Remedies Code Chapter 154, as well as combinations of those procedures. The use of these procedures before the commission for complaints brought under this section must be by agreement of the parties only.(p) Granting of relief. Where the commission finds merit in a complaint and that corrective action is required by ERCOT, the commission will issue an order granting the relief the commission deems appropriate. The commission order granting relief may include:(1) entering an order suspending the ERCOT conduct complained of;(2) ordering that appropriate protocol revisions be developed and implemented; or(3) providing guidance to ERCOT for further action, including guidance on the development and implementation of protocol revisions.(q) Notice of proceedings affecting ERCOT. (1) Within seven days of ERCOT receiving a pleading instituting a lawsuit against it concerning ERCOT's conduct as described in subsection (b) of this section, ERCOT must notify the commission of the lawsuit by filing with the commission, in the commission project number designated by the commission for such filings, a copy of the pleading instituting the lawsuit. (2) Within seven days of receiving notice of a proceeding at the Federal Energy Regulatory Commission in which relief is sought against ERCOT, ERCOT must notify the commission by filing with the commission, in the commission project number designated by the commission for such filings, a copy of the notice received by ERCOT.(r) Complaint related to a request for exemption from or extension for an ERCOT reliability requirement. In a complaint by a resource entity involving a decision by ERCOT on the resource entity's exemption or extension request under §25.517 of this title, the following additional provisions apply:(1) the complainant is not required to comply with the Applicable ERCOT Procedures prior to submitting a complaint to the commission;(2) a proceeding under this subsection is exempt from ADR or other informal dispute resolution procedures otherwise available in this section;(3) the complaint must include the resource's history of violations of reliability-related ERCOT protocols, operating guides, or other binding documents;(4) commission staff's comments under subsection (h) of this section may include consideration of the following, in addition to the specific claims by the complainant:(A) ERCOT's most relevant outlook for resource adequacy;(B) date of interconnection of the resource in question;(C) the potential impact to system reliability of new resources that have been approved for energization by ERCOT;(D) the resource's history of violations described in paragraph (3) of this subsection;(E) the complainant's cost to comply with the reliability requirement, or the cost to other affected entities as a result of a resource entity's being granted or denied an exemption; and(F) any condition related to the exemption.(5) Notwithstanding any other provision in this section or §25.517 of this title, the commission may grant or deny an extension or exemption, with or without conditions, if doing so is in the public interest. In making its determination, the commission may consider any relevant information, including evidence of reliability risks to the grid and operational or economic impacts to the resource entity. The commission may impose conditions on an extension or exemption as appropriate to protect the public interest.", "sourceNote": "Source Note: The provisions of this §22.251 adopted\r\nto be effective March 30, 2003, 28 TexReg 2489; amended to be effective\r\nJuly 10, 2025, 50 TexReg 3871." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8374", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "N", "label": "DECISION AND ORDERS" }, "rule": { "number": "§22.261", "label": "Proposals for Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220429", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirement and Contents of Proposal for Decision. In a contested case, if a majority of the commissioners has not heard the case or read the record, the commission may not issue a final order, if adverse to a party other than the Commission, until a proposal for decision is served on all parties. The proposal for decision shall be prepared by the presiding officer(s) who conducted the hearing or who have read the record. The proposal for decision shall include a proposed final order, a statement of the reasons for the proposed decision, and proposed findings of fact and conclusions of law in support of the proposed final order. Any party may file exceptions to the proposed decision in accordance with subsection (d) of this section. The presiding officer may supplement or amend a proposal for decision in response to the exceptions or replies submitted by the parties or upon the presiding officer's own motion. Making corrections or minor revisions of a proposal for decision is not considered issuance of an amended or supplemental proposal for decision.(b) Procedures Regarding Proposed Orders. If the presiding officer's recommendation is not adverse to any party, the recommendation may be made through a proposed order containing findings of fact and conclusions of law. The proposed order shall be served on all parties, and the presiding officer shall establish a deadline for submitting proposed corrections or clarifications.(c) Findings and Conclusions. The presiding officer may direct or authorize the parties to draft and submit proposed findings of fact and conclusions of law. The commission is not required to rule on findings of fact and conclusions of law that are not required or authorized.(d) Exceptions and Replies.(1) Who may file. Any party may file exceptions to the Proposal for Decision within the time period specified by the presiding officer. If any party files exceptions, the opportunity shall be afforded to all parties to respond within a time period set by the presiding officer.(2) Presentation. The presiding officer may require that issues be addressed in a specified order or according to a specified format. Proposed findings and conclusions may be submitted in conjunction with exceptions and replies. The evidence and law relied upon shall be stated with particularity, and any evidence or arguments relied upon shall be grouped under the exceptions or replies to which they relate.(3) Request for Extension. A request for extension of time within which to file exceptions or replies shall be filed with the commission filing clerk and served on all parties. The presiding officer may allow additional time for good cause shown. If additional time is allowed for exceptions, reasonable additional time shall be allowed for replies.", "sourceNote": "Source Note: The provisions of this §22.261 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220429", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "N", "label": "DECISION AND ORDERS" }, "rule": { "number": "§22.262", "label": "Commission Action After a Proposal for Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181335", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Commission Action. The commission may change a finding of fact or conclusion of law made by the administrative law judge or vacate or modify an order issued by the administrative law judge only if the commission:(1) determines that the administrative law judge:(A) did not properly apply or interpret applicable law, commission rules or policies, or prior administrative decisions; or(B) issued a finding of fact that is not supported by a preponderance of the evidence; or(2) determines that a commission policy or a prior administrative decision on which the administrative law judge relied is incorrect or should be changed.(b) Reasons to Be in Writing. The commission will state in writing the specific reason and legal basis for its determination under subsection (a) of this section.(c) Remand. The commission may remand the proceeding for further consideration.(1) The commission may direct that further consideration by an administrative law judge be accomplished with or without reopening the hearing and may limit the issues to be considered.(2) If additional evidence is admitted on remand that results in a substantial revision of the proposed decision or the underlying facts, an amended or supplemental proposal for decision or proposed order must be filed. If an amended or supplemental proposal for decision is filed, the provisions of §22.261(d) of this title (relating to Proposal for Decision) apply. Exceptions and replies must be limited to discussions, proposals, and recommendations in the supplemental proposal for decision.(d) Oral Argument Before the Commission.(1) Any party may request oral argument before the commission before the final disposition of any proceeding.(2) Oral argument may be allowed at the commission's discretion. The commission may limit the scope and duration of oral argument. The party bearing the burden of proof has the right to open and close oral argument.(3) A request for oral argument must be filed as a separate written pleading. The request must be filed no later than 3:00 p.m. seven days before the open meeting at which the commission is scheduled to consider the case.(4) Upon the filing of a motion for oral argument, the Office of Policy and Docket Management must send a separate ballot to each commissioner to determine whether the commission will hear oral argument at an open meeting. An affirmative vote by one commissioner is required to grant oral argument. Two days before the commission is scheduled to consider the case, the Office of Policy and Docket Management will file a notice to the parties regarding whether a request for oral argument has been granted.(5) The absence or denial of a request for oral argument does not preclude the commissioners from asking questions of any party present at the open meeting.(e) Commission Not Limited. This section does not limit the commission in the conduct of its meetings to the specific types of action outlined in this section.", "sourceNote": "Source Note: The provisions of this §22.262 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 10, 1999, 24 TexReg 1613; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective September 5, 2024, 49 TexReg 6737." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181335", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "N", "label": "DECISION AND ORDERS" }, "rule": { "number": "§22.263", "label": "Final Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181336", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Form and Content.(1) A final order of the commission shall be in writing and signed by a majority of the commissioners.(2) A final order shall include findings of fact and conclusions of law separately stated and may incorporate findings of fact and conclusions of law proposed within a proposal for decision.(3) Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.(4) The final order shall comply with the requirements of §22.262(b) of this title (relating to Commission Action After a Proposal for Decision).(b) Notice. Parties shall be notified of the commission's final order as required by APA.(c) Effective Date of Order. Unless otherwise stated, the date a final order is signed is the effective date of that order, and such date shall be stated therein.(d) Date That an Order is Signed. An order is signed on the date shown on the order. If a sworn motion filed under APA §2001.142(c) is granted, with or without commission action, then, regardless of the date shown on the order, the date that the commission's order is considered to be signed shall be the date specified in that sworn motion as the date that the movant received the order or obtained actual knowledge of the order. If more than one sworn motion is granted, then the date that the commission's order is considered to be signed is the latest date specified in any such granted motions.(e) Reciprocity of Final Orders Between States. After reviewing the facts and the issues presented, a final order may be adopted by the commission even though it is inconsistent with the commission's procedural or substantive rules provided that the final order, or the portion thereof that is inconsistent with commission rules, is a final order, or a part thereof, rendered by a regulatory agency of some state other than the State of Texas and provided further that the number of customers in Texas affected by the final order is no more than the lesser of either 1,000 customers or 10% of the total number of customers of the affected utility.", "sourceNote": "Source Note: The provisions of this §22.263 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181336", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "N", "label": "DECISION AND ORDERS" }, "rule": { "number": "§22.264", "label": "Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86050", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Motions for rehearing, replies thereto, and commission action on motions for rehearing shall be governed by APA. Only a party to a proceeding before the commission may file a motion for rehearing.(b) All motions for rehearing shall state the claimed error with specificity. If an ultimate finding of fact stated in statutory language is claimed to be in error, the motion for rehearing shall state all underlying or basic findings of fact claimed to be in error and shall cite specific evidence which is relied upon as support for the claim of error.(c) A motion for rehearing or a reply to a motion for rehearing is untimely if it is not filed by the deadlines specified in APA §2001.146 or, if the commission extends the time to file such motion or reply or approves a time agreed to by the parties, the date specified in the order of the commission extending time or approving the time.(d) A motion by a party to extend time related to a motion for rehearing must be filed no less than ten days before the end of the time period that the party seeks to extend or it is untimely. Such motion must state with specificity the reasons the extension is justified.(e) Upon the filing of a timely motion for rehearing or a timely motion to extend time, the Commission Advising and Docket Management Division shall send separate ballots to each commissioner to determine whether they will consider the motion at an open meeting. Untimely motions shall not be balloted. An affirmative vote by one commissioner is required for consideration of a motion for rehearing or a motion to extend time at an open meeting. If no commissioner votes to add a timely motion to extend time to an open meeting for consideration, the motion is overruled ten days after the motion is filed.(f) If the commission extends time to act on a motion for rehearing, the Commission Advising and Docket Management Division shall send separate ballots to each commissioner to determine whether they will consider the motion for rehearing at a subsequent open meeting. An affirmative vote by one commissioner is required to place the motion for rehearing on an open meeting agenda.(g) A party that files a motion for rehearing or a reply to a motion for rehearing shall deliver a copy of the motion or reply to every other party in the case.", "sourceNote": "Source Note: The provisions of this §22.264 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 10, 1999, 24 TexReg 1613; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86050", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "O", "label": "RULEMAKING" }, "rule": { "number": "§22.281", "label": "Initiation of Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29876", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Petition for Rulemaking. Any interested person may petition the commission requesting the adoption of a new rule or the amendment of an existing rule. (1) The petition shall be in writing and shall include a brief explanation of the rule, the reason(s) the new or amended rule should be adopted, the statutory authority for such a rule or amendment, and complete proposed text for the rule. The proposed text for the rule shall indicate by striking through the words, if any, to be deleted from the current rule and by underlining the words, if any, to be added to the current rule. (2) Upon receipt of a petition for rulemaking, the commission shall submit a notice for publication in the \"In Addition\" section of the Texas Register . The notice shall include a summary of the petition, the name of the individual, organization or entity that submitted the petition, and notification that a copy of the petition will be available for review and copying in the commission's central records. Comments on the petition shall be due 21 days from the date of publication of the notice. Failure to publish a notice of a petition for rulemaking in the Texas Register shall not invalidate any commission action on the petition for rulemaking. (3) Within 60 days after submission of a petition, the commission either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings. (b) Commission Initiated Rulemaking. The commission may initiate rulemaking proceedings on its own motion. Nothing in this section shall preclude the commission general counsel or commission staff from consideration or development of new rules or amendments to existing rules without express direction from the commission.", "sourceNote": "Source Note: The provisions of this §22.281 adopted to be effective November 1, 1993, 18 TexReg 6668; amended to be effective May 7, 1998, 23 TexReg 4253; amended to be effective March 26, 2001, 26 TexReg 2351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "O", "label": "RULEMAKING" }, "rule": { "number": "§22.282", "label": "Notice and Public Participation in Rulemaking Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27853", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial Comments. Prior to publishing a proposed rule or initiating a major amendment to an existing rule, the commission may solicit comments on the need for a rule and potential scope of the rule by publication of a notice of rulemaking project in the \"In Addition\" section of the Texas Register. A notice filed pursuant to this section shall contain a brief description and statement of the intended objective of the proposed rule and indicate if a draft of the proposed rule is available for review by interested persons. Unless otherwise prescribed by the commission, any comments concerning the rulemaking project shall be due within 30 days from the date of publication of the notice. The commission may hold workshops and/or public hearings on the rulemaking project.(b) Notice. The commission may initiate a rulemaking project by publishing notice of the proposed rule in accordance with APA, §§2001.021-2001.037.(c) Public Comments. Prior to the adoption of any rule, the commission shall afford all interested persons reasonable opportunity to submit data, views, or arguments in writing. Written comments must be filed within 30 days of the date the proposed rule is published in the Texas Register unless the commission establishes a different date for submission of comments. The commission may also establish a schedule for reply comments if it determines that additional comments would be appropriate or helpful in reaching a decision on the proposed rule.(d) Public Hearing. The commission may schedule workshops or public hearings on the proposed rule. An opportunity for public hearing shall be granted if requested by at least 25 persons, by a governmental subdivision or agency, or by an association having at least 25 members. The request for public hearing must be made no later than 30 days after the date the proposed rule is published in the Texas Register, unless the commission establishes a different date for requesting a public hearing.(e) Staff Recommendation. Staff's final recommendation shall be submitted to the commission and filed in central records at least seven days prior to the date on which the commission is scheduled to consider the matter, unless some other date is specified by the commission. Staff will notify all persons who have filed comments concerning the proposed rule of the filing of staff's final recommendation.(f) Final Adoption. Following consideration of comments, the commission will issue an order adopting, adopting as amended, or withdrawing the rule within six months after the date of publication of the proposed rule or the rule is automatically withdrawn.", "sourceNote": "Source Note: The provisions of this §22.282 adopted to be effective November 1, 1993, 18 TexReg 6668; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective May 7, 1998, 23 TexReg 4253." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27853", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "O", "label": "RULEMAKING" }, "rule": { "number": "§22.283", "label": "Emergency Adoption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8369", "queryAsDate": "03/11/2026" }, "ruleBody": "Notwithstanding any other provision of these rules, if the commission finds that an imminent peril to the public health, safety, or welfare or a requirement of state or federal law requires adoption of a rule on fewer than 30-days notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or on any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. The commission shall set forth the requisite finding in the preamble to the rule. An emergency rule adopted under the provisions of this section, and the commission's written reasons for the adoption, shall be filed in the office of the secretary of state for publication in the Texas Register. All of the requirements of APA, §2001.024, apply to this section.", "sourceNote": "Source Note: The provisions of this §22.283 adopted to be effective November 1, 1993, 18 TexReg 6668; amended to be effective September 8, 1995, 20 TexReg 6627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8369", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "O", "label": "RULEMAKING" }, "rule": { "number": "§22.284", "label": "Informal Information Gathering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178672", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission, or the commission staff may use informal conferences and consultations as a means of obtaining the viewpoints and advice of interested persons concerning a contemplated rulemaking.(b) The commission may create committees of employees, non-employees, or both to advise it with respect to any contemplated rulemaking or other issues of interest to the commission, utilities, ratepayers, or other members of the public. Powers of these committees are advisory only.", "sourceNote": "Source Note: The provisions of this §22.284 adopted to be effective November 1, 1993, 18 TexReg 6668; amended to be effective May 7, 1998, 23 TexReg 4253." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178672", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "P", "label": "EMERGENCY ORDERS FOR WATER UTILITIES" }, "rule": { "number": "§22.291", "label": "Purpose and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178673", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this subchapter is to prescribe procedures to implement the commission's authority under the Texas Water Code to issue emergency orders or to authorize emergency rates.(b) This subchapter applies to any request under the Texas Water Code for an emergency order or emergency rates.", "sourceNote": "Source Note: The provisions of this §22.291 adopted to be effective August 4, 2014, 39 TexReg 5894; amended to be effective July 3, 2016, 41 TexReg 4799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178673", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "P", "label": "EMERGENCY ORDERS FOR WATER UTILITIES" }, "rule": { "number": "§22.292", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178674", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meaning unless the context clearly indicates otherwise:(1) Emergency order--An order which must be issued immediately for one of the reasons provided in §24.14(a) of this title (relating to Emergency Orders and Emergency Rates).(2) TCEQ--Texas Commission on Environmental Quality.", "sourceNote": "Source Note: The provisions of this §22.292 adopted to be effective August 4, 2014, 39 TexReg 5894; amended to be effective July 3, 2016, 41 TexReg 4799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178674", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "P", "label": "EMERGENCY ORDERS FOR WATER UTILITIES" }, "rule": { "number": "§22.293", "label": "Notification of Emergency Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178675", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A retail public utility that requests, obtains, or is subject to an emergency order issued by the TCEQ shall notify the commission and all regulatory authorities having original jurisdiction over the retail public utility's rates and service policies as soon as reasonably possible by:(1) filing with the commission and all regulatory authorities having original jurisdiction over the retail public utility's rates and service policies a copy of the request or order; or(2) if the request or order is not available to the retail public utility, filing with the commission and all regulatory authorities having original jurisdiction over the retail public utility's rates and service policies a letter describing the facts and circumstances relating to the request or order.(b) A retail public utility may comply with subsection (a) of this section by providing the information required by subsection (a) of this section as part of a request for an emergency order under §22.295 of this title (relating to Request for Emergency Order) and by providing notice, if applicable, to all other regulatory authorities having original jurisdiction over the retail public utility's rates and service policies.(c) Upon issuance of an emergency order by the commission, the commission shall provide notice of issuance of the order to the affected retail public utility as soon as practicable. Notice of the commission's action under this subchapter is adequate if the notice or emergency order is delivered by registered or certified mail, return receipt requested, or hand-delivered, to the last known address of the retail public utility's headquarters.(d) After a retail public utility receives notice of the issuance of an emergency order by the commission under this subchapter, the retail public utility shall provide notice of issuance of the emergency order to all affected ratepayers, the TCEQ, and all regulatory authorities having original jurisdiction over the retail public utility's rates and service policies. If the emergency order is for a rate change pursuant to §24.14(a)(4) of this title (relating to Emergency Orders and Emergency Rates), the retail public utility will provide the notice within ten days of the issuance of the emergency order or before the next billing cycle in which the new rate will be imposed, whichever is first. Otherwise, the retail public utility will provide the notice within ten days of the issuance of the emergency order. A copy of the notice shall also be filed with the commission along with a signed affidavit as proof that the notice was provided. The notice shall include:(1) The name of the retail public utility for which the emergency order was issued, its corresponding certificate of public convenience and necessity number(s), and all relevant TCEQ issued public water system name(s) and identification number(s) and wastewater discharge permit name and identification number(s), if applicable;(2) The address of the office for the retail public utility identified in paragraph (1) of this subsection;(3) An emergency contact name and phone number(s) for the retail public utility identified in paragraph (1) of this subsection;(4) The start and end date of the emergency order; and(5) A brief statement explaining how the customers of the retail public utility identified in paragraph (1) of this subsection will be affected by the issuance of the emergency order.(e) If a retail public utility required to provide notice pursuant to subsection (d) of this section has abandoned operation of its facilities or the owner of such a retail public utility has abandoned the system, as described in Texas Water Code §13.412(a)(1) - (2) and (f), then the retail public utility's receiver appointed pursuant to Texas Water Code §13.412 or temporary manager authorized pursuant to Texas Water Code §13.4132 shall provide notice as required by subsection (d) of this section. If no receiver or temporary manager has been appointed or authorized, commission staff shall take reasonable efforts to ensure that customers are provided the notice required by subsection (d) of this section or other reasonable notice.", "sourceNote": "Source Note: The provisions of this §22.293 adopted to be effective August 4, 2014, 39 TexReg 5894; amended to be effective July 3, 2016, 41 TexReg 4799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178675", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "P", "label": "EMERGENCY ORDERS FOR WATER UTILITIES" }, "rule": { "number": "§22.295", "label": "Application for Emergency Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178676", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person seeking an emergency order under this subchapter shall submit a written request to the commission.(b) For a requesting person other than commission staff, the request must:(1) be sworn;(2) state whether the requesting person is also seeking or has obtained an emergency order from the TCEQ;(3) state the name, address, and telephone number of the requesting person, the person submitting the request on the requesting person's behalf, and the person signing the request on the requesting person's behalf;(4) state the name of the retail public utility, its corresponding certificate of public convenience and necessity number(s), and its corresponding TCEQ issued public water system name(s) and identification number(s) and wastewater discharge permit name and identification number(s), if applicable;(5) contain information sufficient to identify the facility(ies) and location(s) to be affected by the order;(6) describe the condition(s) of emergency or other condition(s) justifying the issuance of the order;(7) allege facts to support any findings required under this subchapter;(8) estimate the dates on which the proposed order should begin and end and the dates on which the activity proposed to be allowed, mandated, or prohibited should begin and end;(9) describe the action sought and the activity proposed to be allowed, mandated, or prohibited;(10) include any other statement or information required by this subchapter; and(11) shall be signed as follows:(A) For a corporation, the request shall be signed by an executive officer or by a corporate official who has been delegated appropriate authority by an executive officer.(B) For a partnership or sole proprietorship, the request shall be signed by a general partner or the proprietor, respectively.(C) For a municipality, state, federal, or other public agency, the request shall be signed by a person authorized to make the representation(s) contained in the request on behalf of the municipality or agency.(D) A person signing a request shall make the following certification: \"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the retail water or sewer system(s) or the retail public utility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.\"(c) For a request by commission staff, the request must:(1) contain the items specified in subsection (b)(2) - (10) of this section; and(2) be signed by commission staff.", "sourceNote": "Source Note: The provisions of this §22.295 adopted to be effective August 4, 2014, 39 TexReg 5894; amended to be effective July 3, 2016, 41 TexReg 4799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178676", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "P", "label": "EMERGENCY ORDERS FOR WATER UTILITIES" }, "rule": { "number": "§22.296", "label": "Additional Requirements for Emergency Rate Increases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an emergency rate increase is granted pursuant to §24.14(a)(4) of this title (relating to Emergency Orders and Emergency Rates), the commission shall schedule a hearing and establish a final rate prior to the expiration of the emergency rate order. The final rate must be established and implemented no more than 15 months after the emergency rate increase takes effect.(b) A utility is required to provide notice of the hearing to establish a final rate set pursuant to subsection (a) of this section to all customers at least ten days before the date of the hearing. A copy of the notice shall also be filed with the commission along with a signed affidavit as proof that the notice was provided.(c) A request for an emergency rate increase must be filed by the utility in accordance with, and must contain the information required by §22.295 of this title (relating to Request for Emergency Order) and must also contain the following:(1) the effective date of the rate increase;(2) sufficient information to support the computation of the proposed rates; and(3) any other information requested by the commission.(d) A utility receiving authorization for an emergency rate increase shall provide notice of the increase to each ratepayer within ten days of issuance of the order, or before the next billing cycle in which the rate will be in effect, whichever is first. The notice shall comply with the notice requirements set forth in §22.293(d) of this title (relating to Notification of Emergency Order) and shall also contain the following:(1) the utility's name and address, the previous rates, the emergency rates, the effective date of the rate increase, and the classes of utility customers affected; and(2) this statement: \"This emergency rate increase has been approved by the Public Utility Commission of Texas under authority granted by the Texas Water Code §13.4133 to ensure the provision of continuous and adequate service to the utility's customers. The commission is also required to schedule a hearing to establish a final rate within 15 months after the date on which the emergency rates take effect. The utility is required to provide notice of the hearing to all customers at least ten days before the date of the hearing. The additional revenues collected under this emergency rate increase are subject to refund if the commission finds that the rate increase was larger than necessary to ensure continuous and adequate service.\"", "sourceNote": "Source Note: The provisions of this §22.296 adopted to be effective August 4, 2014, 39 TexReg 5894; amended to be effective July 3, 2016, 41 TexReg 4799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178677", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "P", "label": "EMERGENCY ORDERS FOR WATER UTILITIES" }, "rule": { "number": "§22.297", "label": "Notice and Opportunity for Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178678", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An emergency order under this subchapter may be issued with or without notice and an opportunity for hearing in accordance with this subchapter.(b) A law under which the commission acts that requires notice of hearing or that prescribes procedures for the issuance of emergency orders does not apply to a hearing on an emergency order issued pursuant to the Texas Water Code, Chapter 13, Subchapter K-1 unless the law specifically requires notice for an emergency order. The commission shall give notice of the hearing as it determines is practicable under the circumstances.(c) If notice and opportunity for a hearing is practicable, the commission shall provide the notice not later than the tenth day before the date set for the hearing.(d) If notice and opportunity for a hearing is not practicable, an emergency order may be issued under this section without a hearing.(1) An emergency order issued without a hearing under this section is not subject to the requirements of the APA.(2) If an emergency order is issued without a hearing under this section, the commission shall schedule a hearing to affirm, modify, or set aside the emergency order pursuant to §22.299 of this title (relating to Hearing Required to Affirm, Modify, or Set Aside). Such a hearing will be conducted in accordance with the APA. Notice of such a hearing shall be given no later than the tenth day before the date of the hearing and shall provide that an affected person may:(A) participate in an evidentiary hearing to affirm, modify, or set aside the emergency order; and(B) waive the right to a hearing. The notice shall explain how such waiver may occur.", "sourceNote": "Source Note: The provisions of this §22.297 adopted to be effective August 4, 2014, 39 TexReg 5894; amended to be effective July 3, 2016, 41 TexReg 4799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178678", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "P", "label": "EMERGENCY ORDERS FOR WATER UTILITIES" }, "rule": { "number": "§22.298", "label": "Contents of Emergency Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178679", "queryAsDate": "03/11/2026" }, "ruleBody": "An emergency order issued under this subchapter shall contain at least the following:(1) the name and address of the requesting person, if any, and information sufficient to identify the facility(ies) or location(s) affected by the order;(2) a description of the condition(s) justifying the issuance of the order;(3) any finding(s) of fact(s) required under this subchapter;(4) a statement of the term of the order, including the dates on which it shall begin and end, in accordance with §24.14 of this title (relating to Emergency Orders and Emergency Rates);(5) a description of the action sought;(6) if the order was issued without a hearing, a statement to that effect and the procedure by which a person waives a right to a hearing, and if the emergency order was issued pursuant to §24.14(a)(2) - (3) of this title, a provision setting a time and place for a hearing before the commission or SOAH; and(7) any other statement or information required by this subchapter.", "sourceNote": "Source Note: The provisions of this §22.298 adopted to be effective August 4, 2014, 39 TexReg 5894; amended to be effective July 3, 2016, 41 TexReg 4799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178679", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "22", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "P", "label": "EMERGENCY ORDERS FOR WATER UTILITIES" }, "rule": { "number": "§22.299", "label": "Hearing Required to Affirm, Modify, or Set Aside" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181518", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A hearing shall be held either before or after the issuance of each emergency order, unless all persons affected by the order waive the right to a hearing. Notice of a hearing to affirm, modify, or set aside an emergency order shall be given in accordance with §22.297(d) of this title (relating to Notice and Opportunity for Hearing).(b) A hearing to affirm, modify, or set aside an emergency order under this subchapter is subject to the APA.(c) In a hearing to affirm, modify, or set aside an emergency order under this subchapter, the applicant shall be given the opportunity to:(1) present evidence under oath;(2) present rebuttal evidence under oath; and(3) cross-examine witnesses under oath.(d) If no hearing is held before the issuance of an emergency order, the commission or the executive director shall set a time and place for a hearing to be held before the commission or SOAH to affirm, modify, or set aside the order as soon as practicable after the order is issued. For emergency orders issued pursuant to §24.14(a)(2) or §24.14(a)(3) of this title (relating to Emergency Orders and Emergency Rates) without a hearing, the order shall set a time and place for a hearing before the commission or SOAH to affirm, modify, or set aside the order as soon as practicable after the order is issued.(e) At a hearing required under this section, or within a reasonable time after the hearing, the commission shall affirm, modify, or set aside the emergency order.", "sourceNote": "Source Note: The provisions of this §22.299 adopted to be effective August 4, 2014, 39 TexReg 5894; amended to be effective July 3, 2016, 41 TexReg 4799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181518", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.1", "label": "Purpose and Scope of this Chapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168152", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter is intended to establish a comprehensive regulatory system under Texas Water Code chapter 13 to ensure that rates, operations, and services are just and reasonable to the consumer and the retail public utilities, and to establish the rights and responsibilities of both the retail public utility and consumer. This chapter shall be given a fair and impartial construction to obtain these objectives and shall be applied uniformly regardless of race, color, religion, sex, or marital status. This chapter shall also govern the procedure for the institution, conduct and determination of all water and sewer rate causes and proceedings before the commission. These sections shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the commission or the substantive rights of any person.(b) A rule, form, policy, procedure, or decision of the Texas Commission on Environmental Quality (TCEQ) related to a power, duty, function, program, or activity transferred by House Bill 1600 and Senate Bill 567, 83rd Legislature, Regular Session (this Act), continues in effect as a rule, form, policy, procedure, or decision of the Public Utility Commission of Texas (commission) and remains in effect until amended or replaced by the commission. Any jurisdiction over a utility's rates, operations, and services ceded to the TCEQ continues in effect and shall be deemed to be ceded to the commission.(c) It is the responsibility of each retail public utility to ensure that it remains in compliance with all applicable rules and requirements, including those imposed by TCEQ or other agencies. Nothing in this chapter relieves a retail public utility from the obligation to file reports or otherwise provide notice and information to TCEQ of regulated activities as required by TCEQ rules.(d) An application received by the commission and file stamped in the commission's Central Records office shall be processed in accordance with the rules in effect on the date that the application was received by Central Records.", "sourceNote": "Source Note: The provisions of this §24.1 adopted to be effective September 1, 2014, 39 TexReg 5903; amended to be effective December 21, 2016, 41 TexReg 9895." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168152", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.2", "label": "Severability Clause" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209104", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The adoption of this chapter will in no way preclude the commission from altering or amending it in whole or in part, or from requiring any other or additional service, equipment, facility, or standard, either upon complaint or upon its own motion or upon application of any utility. Furthermore, this chapter will not relieve in any way a retail public utility or customer from any of its duties under the laws of this state or the United States. If any provision of this chapter is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable.(b) The commission may make exceptions to this chapter for good cause.", "sourceNote": "Source Note: The provisions of this §24.2 adopted to be effective September 1, 2014, 39 TexReg 5903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.3", "label": "Definitions of Terms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168154", "queryAsDate": "03/11/2026" }, "ruleBody": "In this chapter, the following definitions apply unless the context indicates otherwise.(1) Affected county--A county that:(A) Has a per-capita income that averaged 25% below the state average for the most recent three consecutive years for which statistics are available and an unemployment rate that averaged 25% above the state average for the most recent three consecutive years for which statistics are available;(B) Has an international border;(C) Is located in whole or in part within 100 miles of an international border and contains a majority of the area of a municipality with a population of more than 250,000; or(D) Has an economically distressed area which has a median household income that is not greater than 75% of the median state household income.(2) Affected person--Any landowner within an area for which a certificate of public convenience and necessity is filed, any retail public utility affected by any action of the regulatory authority, any person or corporation whose utility service or rates are affected by any proceeding before the regulatory authority, or any person or corporation that is a competitor of a retail public utility with respect to any service performed by the retail public utility or that desires to enter into competition.(3) Affiliated interest or affiliate--(A) any person or corporation owning or holding directly or indirectly 5.0% or more of the voting securities of a utility;(B) any person or corporation in any chain of successive ownership of 5.0% or more of the voting securities of a utility;(C) any corporation owning or holding 5.0% or more of the voting securities of which is owned or controlled directly or indirectly by a utility;(D) any corporation owning or holding 5.0% or more of the voting securities of which is owned or controlled directly or indirectly by any person or corporation that owns or controls directly or indirectly 5.0% or more of the voting securities of any utility or by any person or corporation in any chain of successive ownership of 5.0% of those utility securities;(E) any person who is an officer or director of a utility or of any corporation in any chain of successive ownership of 5.0% or more of voting securities of a public utility;(F) any person or corporation that the commission, after notice and hearing, determines actually exercises any substantial influence or control over the policies and actions of a utility or over which a utility exercises such control or that is under common control with a utility, such control being the possession directly or indirectly of the power to direct or cause the direction of the management and policies of another, whether that power is established through ownership or voting of securities or by any other direct or indirect means; or(G) any person or corporation that the commission, after notice and hearing, determines is exercising substantial influence over the policies and actions of the utility in conjunction with one or more persons or corporations with which they are related by ownership or blood relationship, or by action in concert, that together they are affiliated within the meaning of this section, even though no one of them alone is so affiliated.(4) Billing period--The period between meter-reading dates for which a bill is issue or, if usage is not metered, the period between bill issuance dates.(5) Class A Utility--A public utility that provides retail water or sewer utility service to 10,000 or more taps or active connections. If a public utility provides both water and sewer utility service, the number of active water connections determines how the utility is classified.(6) Class B Utility--A public utility that provides retail water or sewer utility service to 2,300 or more taps or active connections but fewer than 10,000 taps or active connections. If a public utility provides both water and sewer utility service, the number of active water connections determines how the utility is classified.(7) Class C Utility--A public utility that provides retail water or sewer utility service to 500 or more taps or active connections but fewer than 2,300 taps or active connections. If a public utility provides both water and sewer utility service, the number of active water connections determines how the utility is classified.(8) Class D Utility--A public utility that provides retail water or sewer utility service to fewer than 500 taps or active connections. If a public utility provides both water and sewer utility service, the number of active water connections determines how the utility is classified.(9) Commission--The Public Utility Commission of Texas.(10) Corporation--Any corporation, joint-stock company, or association, domestic or foreign, and its lessees, assignees, trustees, receivers, or other successors in interest, having any of the powers or privileges of corporations not possessed by individuals or partnerships, but does not include municipal corporations unless expressly provided in TWC chapter 13.(11) Customer--Any entity that purchases services from a retail public utility.(12) Customer class--A group of customers with similar cost-of-service characteristics that take utility service under a single set of rates.(13) Customer service line--The pipe connecting the water meter to the customer's point of use or the pipe that conveys sewage from the customer's premises to the service provider's service line.(14) District--District has the meaning assigned to it by TWC §49.001(a).(15) Facilities--All the plant and equipment of a retail public utility, including all tangible and intangible real and personal property without limitation, and any and all means and instrumentalities in any manner owned, operated, leased, licensed, used, controlled, furnished, or supplied for, by, or in connection with the business of any retail public utility.(16) Inactive connection--A water or wastewater connection is considered to be inactive when the ability to provide water or wastewater service is either physically removed or permanently closed.(17) Incident of tenancy--Water or sewer service provided to tenants of rental property for which no separate or additional service fee is charged other than the rental payment.(18) Landowner--An owner or owners of a tract of land.(19) Member--A person who holds a membership in a water supply or sewer service corporation and who is a record owner of a fee simple title to property in an area served by a water supply or sewer service corporation, or a person who is granted a membership and who either currently receives or will be eligible to receive water or sewer utility service from the corporation. In determining member control of a water supply or sewer service corporation, a person is entitled to only one vote regardless of the number of memberships the person owns.(20) Minimum Monthly Charge--The fixed amount billed to a customer each month even if the customer uses no water or wastewater.(21) Municipality--Cities organized under the general, home rule, or special laws of this state.(22) Municipally owned utility--Any retail public utility owned, operated, and controlled by a municipality or by a nonprofit corporation whose directors are appointed by one or more municipalities.(23) Nonfunctioning system or utility--A system that is operating as a retail public utility and:(A) is required to have a CCN and is operating without a CCN; or(B) is under supervision in accordance with §24.353 of this title (relating to Supervision of Certain Utilities); or(C) is under the supervision of a receiver, temporary manager, or has been referred for the appointment of a temporary manager or receiver, in accordance with §24.355 of this title (relating to Operation of Utility that Discontinues Operation or Is Referred for Appointment of a Receiver) and §24.357 of this title (relating to Operation of a Utility by a Temporary Manager).(24) Person--Natural persons, partnerships of two or more persons having a joint or common interest, mutual or cooperative associations, water supply or sewer service corporations, and corporations.(25) Point of use--The primary service connection point where water is used or sewage is generated.(26) Potable water--Water that is suitable for drinking.(27) Potential connections--Total number of active plus inactive connections.(28) Premises--A tract of land or real estate including buildings and other appurtenances thereon.(29) Rate--Every compensation, tariff, charge, fare, toll, rental, and classification or any of those items demanded, observed, charged, or collected, whether directly or indirectly, by any retail public utility, for any service, product, or commodity described in TWC §13.002(23), and any rules, regulations, practices, or contracts affecting that compensation, tariff, charge, fare, toll, rental, or classification.(30) Requested area--The area that a petitioner or applicant seeks to obtain, add to, or remove from a retail public utility's certificated service area.(31) Retail public utility--Any person, corporation, public utility, water supply or sewer service corporation, municipality, political subdivision or agency operating, maintaining, or controlling in this state facilities for providing potable water service or sewer service, or both, for compensation.(32) Retail water or sewer utility service--Potable water service or sewer service, or both, provided by a retail public utility to the ultimate consumer for compensation.(33) Service--Any act performed, anything furnished or supplied, and any facilities or lines committed or used by a retail public utility in the performance of its duties under TWC chapter 13 to its patrons, employees, other retail public utilities, and the public, as well as the interchange of facilities between two or more retail public utilities.(34) Service area--Area to which a retail public utility is obligated to provide retail water or sewer utility service.(35) Stand-by fee--A charge, other than a tax, imposed on undeveloped property:(A) with no water or wastewater connections; and(B) for which water, sanitary sewer, or drainage facilities and services are available; water supply, wastewater treatment plant capacity, or drainage capacity sufficient to serve the property is available; or major water supply lines, wastewater collection lines, or drainage facilities with capacity sufficient to serve the property are available.(36) Test year--The most recent 12-month period beginning on the first day of a calendar- or fiscal-year quarter for which operating data for a retail public utility are available.(37) Tract of land--An area of land that has common ownership and is not severed by other land under different ownership, whether owned by government entities or private parties; such other land includes roads and railroads. A tract of land may be acquired through multiple deeds or shown in separate surveys.(38) Water and sewer utility, utility, or public utility--Any person, corporation, cooperative corporation, affected county, or any combination of those persons or entities, other than a municipal corporation, water supply or sewer service corporation, or a political subdivision of the state, except an affected county, or their lessees, trustees, and receivers, owning or operating for compensation in this state equipment or facilities for the transmission, storage, distribution, sale, or provision of potable water to the public or for the resale of potable water to the public for any use or for the collection, transportation, treatment, or disposal of sewage or other operation of a sewage disposal service for the public, other than equipment or facilities owned and operated for either purpose by a municipality or other political subdivision of this state or a water supply or sewer service corporation, but does not include any person or corporation not otherwise a public utility that furnishes the services or commodity only to itself or its employees or tenants as an incident of that employee service or tenancy when that service or commodity is not resold to or used by others.(39) Water supply or sewer service corporation--Any nonprofit corporation organized and operating under TWC chapter 67, that provides potable water or sewer service for compensation and that has adopted and is operating in accordance with bylaws or articles of incorporation which ensure that it is member-owned and member-controlled. The term does not include a corporation that provides retail water or sewer utility service to a person who is not a member, except that the corporation may provide retail water or sewer utility service to a person who is not a member if the person only builds on or develops property to sell to another and the service is provided on an interim basis before the property is sold.(40) Water use restrictions--Restrictions implemented to reduce the amount of water that may be consumed by customers of the utility due to emergency conditions or drought.(41) Wholesale water or sewer service--Potable water service or sewer service, or both, provided to a person, political subdivision, or municipality who is not the ultimate consumer of the service.", "sourceNote": "Source Note: The provisions of this §24.3 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845; amended to be effective June 1, 2022, 47 TexReg 3119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168154", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.4", "label": "Cooperative Corporation Rebates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168158", "queryAsDate": "03/11/2026" }, "ruleBody": "Nothing in this chapter prevents a cooperative corporation from returning to its members the whole or any part of the net earnings resulting from its operations in proportion to their purchases from or through the corporation.", "sourceNote": "Source Note: The provisions of this §24.4 adopted to be effective September 1, 2014, 39 TexReg 5903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168158", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.5", "label": "Submission of Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168160", "queryAsDate": "03/11/2026" }, "ruleBody": "All documents to be considered by the commission under this chapter are subject to Chapter 22 of this title (relating to Procedural Rules).", "sourceNote": "Source Note: The provisions of this §24.5 adopted to be effective September 1, 2014, 39 TexReg 5903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168160", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.6", "label": "Signatories to Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192928", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applications shall be signed by a corporate officer, partner, proprietor, their attorney-at-law, or the principal executive officer or ranking elected official of a governmental entity, or other person having representative capacity to transact business on behalf of the retail public utility. If the signer is not a corporate officer, partner, proprietor, their attorney-at-law, or principal executive officer or ranking elected official of a governmental entity, the application must contain written proof that such signature is duly authorized.(b) Applications shall contain a certification stating that the person signing has personally examined and is familiar with the information submitted in the application and that the information is true, accurate, and complete.", "sourceNote": "Source Note: The provisions of this §24.6 adopted to be effective September 1, 2014, 39 TexReg 5903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192928", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.8", "label": "Administrative Completeness" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168155", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any application under chapter 24, except as otherwise noted by this chapter, shall be reviewed for administrative completeness within 30 calendar days from the date the application is file stamped by the commission's Central Records office. If the applicant is required to issue notice, the applicant shall be notified upon determination that the notice or application is administratively complete.(b) If the commission determines that any deficiencies exist in an application, statement of intent, or other requests for commission action addressed by this chapter, the application or filing may be rejected and the effective date suspended, as applicable, until the deficiencies are corrected.(c) In cases involving a proposed sale, transfer, merger, consolidation, acquisition, lease, or rental, of any water or sewer system or utility owned by an entity required by law to possess a certificate of convenience and necessity, the proposed effective date of the transaction must be at least 120 days after the date that an application is received and file stamped by the commission's Central Records office and public notice is provided, unless notice is waived for good cause shown.(d) Applications under subchapter H of chapter 24 are not considered filed until the commission makes a determination that the application is administratively complete.", "sourceNote": "Source Note: The provisions of this §24.8 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168155", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.9", "label": "Agreements to be in Writing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199148", "queryAsDate": "03/11/2026" }, "ruleBody": "No stipulation or agreement between the parties, their attorneys, or representatives, with regard to any matter involved in any proceeding before the commission shall be enforced, unless it shall have been reduced to writing and signed by the parties or representatives authorized by these sections to appear for them, or unless it shall have been dictated into the record by them during the course of a hearing, or incorporated into an order bearing their written approval. This section does not limit a party's ability to waive, modify, or stipulate any right or privilege afforded by this chapter, unless precluded by law.", "sourceNote": "Source Note: The provisions of this §24.9 adopted to be effective September 1, 2014, 39 TexReg 5903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199148", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.11", "label": "Financial Assurance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168157", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes criteria to demonstrate that an owner or operator of a retail public utility has the financial resources to operate and manage the utility and to provide continuous and adequate service to the current and proposed utility service area.(b) Application. This section applies to new and existing owners or operators of retail public utilities that are required to provide financial assurance under this chapter.(c) Financial assurance must be demonstrated by compliance with subsection (d) or (e) of this section, unless the commission requires compliance with both subsections (d) and (e) of this section.(d) Irrevocable stand-by letter of credit. Irrevocable stand-by letters of credit must be issued by a financial institution that is supervised or examined by the Board of Governors of the Federal Reserve System, the Office of the Controller of the Currency, or a state banking department, and where accounts are insured by the Federal Deposit Insurance Corporation. The retail public utility must use the standard form irrevocable stand-by letter of credit approved by the commission. The irrevocable stand-by letter of credit must be irrevocable for a period not less than five years, be payable to the commission, and permit a draw to be made in part or in full. The irrevocable stand-by letter of credit must permit the commission's executive director or the executive director's designee to draw on the irrevocable stand-by letter of credit if the retail public utility has failed to provide continuous and adequate service or the retail public utility cannot demonstrate its ability to provide continuous and adequate service.(e) Financial test.(1) An owner or operator may demonstrate financial assurance by satisfying the leverage and operations tests that conform to the requirements of this section, unless the commission finds good cause exists to require only one of these tests.(2) Leverage test. To satisfy this test, the owner or operator must meet one or more of the following criteria:(A) The owner or operator must have a debt to equity ratio of less than one, using long term debt and equity or net assets;(B) The owner or operator must have a debt service coverage ratio of more than 1.25 using annual net operating income before depreciation and non-cash expenses divided by annual combined long term debt payments;(C) The owner or operator must have sufficient unrestricted cash available as a cushion for two years of debt service. Restricted cash includes monetary resources that are committed as a debt service reserve which will not be used for operations, maintenance or other payables;(D) The owner or operator must have an investment-grade credit rating from Standard & Poor's Financial Services LLC, Moody's Investors Service, or Fitch Ratings Inc.; or(E) The owner or operator must demonstrate that an affiliated interest is capable, available, and willing to cover temporary cash shortages. The affiliated interest must be found to satisfy the requirements of subparagraphs (A), (B), (C), or (D) of this paragraph.(3) Operations test. The owner or operator must demonstrate sufficient cash is available to cover any projected operations and maintenance shortages in the first five years of operations. An affiliated interest may provide a written guarantee of coverage of temporary cash shortages. The affiliated interest of the owner or operator must satisfy the leverage test.(4) To demonstrate that the requirements of the leverage and operations tests are being met, the owner or operator must submit the following items to the commission:(A) An affidavit signed by the owner or operator attesting to the accuracy of the information provided. The owner or operator may use the Applicant's Oath adopted by the commission as part of an application filed under §24.233 of this title (relating to Contents of Certificate of Convenience and Necessity Applications) for the purpose of meeting the requirements of this subparagraph; and(B) A copy of one of the following:(i) the owner or operator's independently audited year-end financial statements for the most recent fiscal year including the \"unqualified opinion\" of the auditor; or(ii) compilation of year-end financial statements for the most recent fiscal year as prepared by a certified public accountant (CPA); or(iii) internally produced financial statements meeting the following requirements:(I) for an existing utility, three years of projections and two years of historical data including a balance sheet, income statement and an expense statement or evidence that the utility is moving toward proper accountability and transparency; or(II) for a proposed or new utility, start up information and five years of pro forma projections including a balance sheet, income statement and expense statement or evidence that the utility will be moving toward proper accountability and transparency during the first five years of operations. All assumptions must be clearly defined and the utility must provide all documents supporting projected lot sales or customer growth.(C) In lieu of meeting the leverage and operations tests, if the applicant utility is a city or district, the city or district may substantiate financial capability with a letter from the city's or district's financial advisor indicating that the city or district is able to issue debt (bonds) in an amount sufficient to cover capital requirements to provide continuous and adequate service and providing the document in subparagraph (B)(i) of this paragraph.(5) If the applicant is proposing service to a new CCN area or a substantial addition to its current CCN area requiring capital improvements in excess of $100,000, the applicant must provide the following:(A) The owner must submit loan approval documents indicating funds are available for the purchase of an existing system plus any improvements necessary to provide continuous and adequate service to the existing customers if the application is a sale, transfer, or merger; or(B) The owner must submit loan approval documents or firm capital commitments affirming funds are available to install:(i) the plant and equipment necessary to serve projected customers in the first two years of projections; or(ii) a new water system or substantial addition to an existing water system if the applicant is proposing service to a new CCN area or a new subdivision.(6) If the applicant is a nonfunctioning utility, as defined in §24.3(23) of this title (relating to Definitions of Terms), the commission may consider other information to determine if the proposed certificate holder is capable of meeting the leverage and operations tests.", "sourceNote": "Source Note: The provisions of this §24.11 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168157", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.12", "label": "Burden of Proof" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199546", "queryAsDate": "03/11/2026" }, "ruleBody": "In any proceeding involving any proposed change of rates, the burden of proof shall be on the provider of water and sewer services to show that the proposed change, if proposed by the retail public utility, or that the existing rate, if it is proposed to reduce the rate, is just and reasonable. In any other matters or proceedings, the burden of proof is on the moving party.", "sourceNote": "Source Note: The provisions of this §24.12 adopted to be effective September 1, 2014, 39 TexReg 5903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199546", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.14", "label": "Emergency Orders and Emergency Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168162", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may issue an emergency order in accordance with Texas Water Code (TWC) Chapter 13, Subchapter K-1 under Chapter 22, Subchapter P of this title (relating to Emergency Orders for Water and Sewer Utilities), with or without a hearing:(1) to appoint a person under §24.355 of this title (relating to Operation of Utility that Discontinues Operation or is Referred for Appointment of a Receiver), §24.357 of this title (relating to Operation of a Utility by a Temporary Manager), or TWC §13.4132 to temporarily manage and operate a utility that has discontinued or abandoned operations or that is being referred to the Office of the Texas Attorney General for the appointment of a receiver under TWC §13.412;(2) to compel a retail public utility that has obtained or is required to obtain a certificate of public convenience and necessity to provide continuous and adequate retail water service, sewer service, or both, if the discontinuance of the service is imminent or has occurred because of the retail public utility's actions or inactions;(3) to compel a retail public utility to provide an emergency interconnection with a neighboring retail public utility for the provision of temporary water or sewer service, or both, for not more than 90 days if discontinuance of service or serious impairment in service is imminent or has occurred;(4) to authorize an emergency rate increase if necessary to ensure the provision of continuous and adequate retail water or sewer service to the utility's customers under TWC §13.4133:(A) for a utility for which a person has been appointed under TWC §13.4132 to temporarily manage and operate the utility; or(B) for a utility for which a receiver has been appointed under TWC §13.412;(5) to establish, on an expedited basis, in response to a request by the Texas Commission on Environmental Quality (TCEQ), reasonable compensation for the temporary service required under TWC §13.041(h)(2) and to allow the retail public utility receiving the service to make a temporary adjustment to its rate structure to ensure proper payment;(6) to compel a retail public utility to make specified improvements and repairs to a water or sewer system owned or operated by the utility under TWC §13.253(b):(A) if the commission has reason to believe that improvements and repairs to a water or sewer service system are necessary to enable a retail public utility to provide continuous and adequate service in any portion of its service area;(B) after providing a retail public utility notice and an opportunity to be heard at an open meeting of the commission; and(C) if the retail public utility has provided financial assurance under Texas Health and Safety Code §341.0355 or TWC Chapter 13;(7) to order an improvement in service or an interconnection under TWC §13.253(a)(1)-(3).(b) The commission may establish reasonable compensation for temporary service ordered under subsection (a)(3) of this section and may allow the retail public utility receiving the service to make a temporary adjustment to its rate structure to ensure proper payment.(c) For an emergency order issued under subsection (a)(4) of this section:(1) the commission will coordinate with the TCEQ as needed;(2) an emergency rate increase may be granted for a period not to exceed 15 months from the date on which the increase takes effect;(3) the additional revenues collected under an emergency rate increase are subject to refund if the commission finds that the rate increase was larger than necessary to ensure continuous and adequate service;(4) the effective date of the emergency rates must be the first day of a billing cycle, unless otherwise authorized by the commission;(5) any emergency rate increase related to charges for actual consumption will be for consumption after the effective date. An increase or the portion of an increase that is not related to consumption may be billed at the emergency rate on the effective date or the first billing cycle after approval by the commission;(6) the utility must maintain adequate books and records for a period not less than 12 months to allow for the determination of a cost of service as set forth in §24.41 of this title (relating to Cost of Service); and(7) during the pendency of the emergency rate increase, the commission may require that the utility deposit all or part of the rate increase into an interest-bearing escrow account as set forth in §24.39 of this title (relating to Escrow of Proceeds Received under Rate Increase).(d) The costs of any improvements ordered under subsection (a)(6) of this section may be paid by bond or other financial assurance in an amount determined by the commission not to exceed the amount of the bond or financial assurance. After notice and hearing, the commission may require a retail public utility to obligate additional money to replace the financial assurance used for the improvements.(e) An emergency order issued under this subchapter does not vest any rights and expires in accordance with its terms or this subchapter.(f) An emergency order issued under this subchapter must be limited to a reasonable time as specified in the order. Except as otherwise provided by this chapter, the term of an emergency order may not exceed 180 days.(g) An emergency order may be renewed once for a period not to exceed 180 days, except an emergency order issued under subsection (a)(4) of this section.", "sourceNote": "Source Note: The provisions of this §24.14 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168162", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§24.15", "label": "Notice of Wholesale Water Supply Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220445", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A district or authority created under Texas Constitution, §52, Article III, or §59, Article XVI, a retail public utility, a wholesale water service, or other person providing a retail public utility with a wholesale water supply shall provide the commission with a certified copy of any wholesale water supply contract with a retail public utility within 30 days after the date of the execution of the contract.(b) The submission must include:(1) the amount of water being supplied;(2) term of the contract;(3) consideration being given for the water;(4) purpose of use;(5) location of use;(6) source of supply;(7) point of delivery;(8) limitations on the reuse of water;(9) a disclosure of any affiliated interest between the parties to the contract; and(10) any other condition or agreement relating to the contract.(c) The certified copy of the contract should be submitted to the commission.", "sourceNote": "Source Note: The provisions of this §24.15 adopted to be effective September 1, 2014, 39 TexReg 5903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220445", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.25", "label": "Form and Filing of Tariffs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223390", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Approved tariff. A utility may not directly or indirectly demand, charge, or collect any rate or charge, or impose any classifications, practices, rules, or regulations different from those prescribed in its approved tariff filed with the commission or with the municipality exercising original jurisdiction over the utility, except as follows: (1) A utility may charge the rates proposed under Texas Water Code (TWC) §§13.187, 13.1871, 13.18715, or 13.1872(c)(2) on or after the proposed effective date, unless the proposed effective date of the proposed rates is suspended or the regulatory authority sets interim rates. (2) The regulatory assessment fee required in TWC §5.701(n) does not have to be listed on the utility's approved tariff to be charged and collected but must be included in the tariff at the earliest opportunity.(3) A person who possesses facilities used to provide retail water utility service or a utility that holds a certificate of public convenience and necessity (CCN) to provide retail water service that enters into an agreement in accordance with TWC §13.250(b)(2), may collect charges for sewer services on behalf of another retail public utility on the same bill with its water charges and must at the earliest opportunity include a notation on its tariff that it has entered into such an agreement. (4) A utility may enter into a contract with a county to collect solid waste disposal fees and include those fees on the same bill with its water or sewer charges and must at the earliest opportunity include a notation on its tariff that it has entered into such an agreement.(b) Requirements as to size, form, identification, minor changes, and filing of tariffs. (1) Tariffs filed with applications for CCNs. (A) When applying to obtain or amend a CCN, or to add a new water or sewer system or subdivision to its certificated service area, each utility must file its proposed tariff with the commission and any regulatory authority with original rate jurisdiction over the utility. (i) For a utility that is under the original rate jurisdiction of the commission, the tariff must include schedules of all the utility's rates, rules, and regulations pertaining to all its utility services when it applies for a CCN to operate as a utility. The tariff must be on the form prescribed by the commission or another form acceptable to the commission. (ii) For a utility under the original rate jurisdiction of a municipality, the utility must file with the commission a copy of its tariff as approved by the municipality.(B) If a person applying for a CCN is not currently a retail public utility and would be under the original rate jurisdiction of the commission if the CCN application were approved, the person must file a proposed tariff with the commission. The person filing the proposed tariff must also: (i) provide a rate study supporting the proposed rates, which may include the costs of existing invested capital or estimates of future invested capital; (ii) provide all calculations supporting the proposed rates; (iii) provide all assumptions for any projections included in the rate study;(iv) provide an estimated completion date for the construction of the physical plant; (v) provide an estimate of the date service will begin for all phases of construction; and (vi) provide notice to the commission once billing for service begins.(C) A person under the original rate jurisdiction of the commission who has obtained an approved tariff for the first time must file a rate change application within 18 months from the date service begins to revise its rates to be based on a historic test year. Any dollar amount collected under the rates initially approved by the commission that exceeds the revenue requirement established by the commission during the rate change proceeding must be reflected as customer contributed capital going forward as an offset to rate base for ratemaking purposes. A Class D utility must file a rate change application under TWC §13.1872(c)(2) to satisfy the requirements of this subparagraph. (D) A water supply or sewer service corporation must file with the commission a complete tariff containing schedules of all its rates, rules, and regulations pertaining to all its utility services when it applies to operate as a retail public utility and to obtain or amend a CCN. (2) Minor tariff changes. Except for an affected county or a utility under the original rate jurisdiction of a municipality, a utility's approved tariff may not be changed or amended without commission approval. Changes to any fees charged by affiliates, the addition of a new extension policy to a tariff, or modification of an existing extension policy are not minor tariff changes. An affected county may change rates for retail water or sewer service without commission approval, but must file a copy of the revised tariff with the commission within 30 days after the effective date of the rate change. (A) The commission, or regulatory authority, as appropriate, may approve the following minor changes to utility tariffs: (i) service rules and policies; (ii) changes in fees for customer deposits, meter tests, return check charges, and late charges, provided they do not exceed the maximum allowed by commission rules;(iii) addition of the regulatory assessment fee payable to the Texas Commission on Environmental Quality (TCEQ) as a separate item or to be included in the currently authorized rate; (iv) addition of a provision allowing a utility to collect retail sewer service charges in accordance with TWC §13.250(b)(2) or §13.147(d); (v) rate adjustments to implement commission-authorized phased or multistep rates or downward rate adjustments to reconcile rates with actual costs; (vi) implementation of an energy cost adjustment clause under subsection (n) of this section; (vii) implementation or modification of a pass-through provision calculation in a tariff, as provided in subparagraphs (B)-(F) of this paragraph, which is necessary for the correct recovery of the actual charges from pass-through entities, including line loss; (viii) some surcharges as provided in subparagraph (G) of this paragraph;(ix) modifications, updates, or corrections that do not affect a rate may be made to the following information contained in the tariff: (I) the list of the cities, counties, and subdivisions in which service is provided;(II) the public water system name and corresponding identification number issued by the TCEQ; and (III) the sewer system names and corresponding discharge permit number issued by the TCEQ. (B) The commission, or other regulatory authority, as appropriate, may approve a minor tariff change for a utility to establish reduced rates for a minimal level of retail water service to be provided solely to a class of customers 65 years of age or older to ensure that those customers receive that level of retail water service at more affordable rates. The utility may establish a fund to receive donations to cover the cost of providing the reduced rates. A utility may not recover the cost of the reduced rates through charges to other customer classes. (i) To request approval of a rate as defined in this subparagraph, the utility must file a proposed plan for consideration by the commission. The plan must include: (I) A proposed plan for collection of donations to establish a fund to recover the costs of providing the reduced rates.(II) The account or subaccount name and number, as included in the system of accounts described in §24.127(1) of this title (relating to Financial Records and Reports--Uniform System of Accounts), in which the donations will be accounted for, and a clear definition of how the administrative costs of operation of the program will be accounted for and removed from the cost of service for rate making purposes. Any interest earned on donated funds will be considered a donation to the fund. (III) The proposed effective date of the program and an example of an annual accounting for donations received and a calculation of all lost revenues and the journal entries that transfer the funds from the account described in this subparagraph of this clause to the utility's revenue account. The annual accounting must be available for audit by the commission upon request.(IV) An example bill with the contribution line item, if receiving contributions from customers.(ii) For the purpose of clause (i) of this subparagraph, recovery of lost revenues from donations is limited to the lost revenues due to the difference in the utility's tariffed retail water rates and the reduced rates established by this subparagraph. (iii) The minimal level of retail water service requested by the utility must not exceed 3,000 gallons per month per connection. Additional gallons used must be billed at the utility's tariffed rates. (iv) For purposes of the provision in this subparagraph, a reduced rate authorized under this section does not: (I) Make or grant an unreasonable preference or advantage to any corporation or person; (II) Subject a corporation or person to an unreasonable prejudice or disadvantage; or (III) Constitute an unreasonable difference as to retail water rates between classes of service. (C) If a utility has provided notice as required in subparagraph (F) of this paragraph, the commission may approve a pass-through provision as a minor tariff change, even if the utility has never had an approved pass-through provision in its tariff. A pass-through provision may not be approved for a charge already included in the utility's cost of service used to calculate the rates approved by the commission in the utility's most recently approved rate change under TWC §§13.187, 13.1871, 13.18715, or 13.1872. A pass-through provision may only include passing through of the actual costs charged to the utility. Only the commission staff or the utility may request a hearing on a proposed pass-through provision or a proposed revision or change to a pass-through provision. A pass-through provision may be approved as follows: (i) A utility that purchases water or sewage treatment and whose rates are under the original jurisdiction of the commission may include a provision in its tariff to pass through to its customers changes in such costs. The provision must specify how it is calculated.(ii) A utility may pass through a temporary water rate provision implemented in response to mandatory reductions in water use imposed by a court, government agency, or other authority. The provision must specify how the temporary water rate provision is calculated. (iii) A utility may include the addition of a production fee charged by a groundwater conservation district, including a production fee charged in accordance with a groundwater reduction plan entered in to by a utility in response to a groundwater conservation district production order or rule, as a separate line item in the tariff. (iv) A utility may pass through the costs of changing its source of water if the source change is required by a governmental entity. The pass-through provision may not be effective prior to the date the conversion begins. The pass-through provision must be calculated using an annual true-up provision. (v) A utility subject to more than one pass-through cost allowable in this section may request approval of an overall combined pass-through provision that includes all allowed pass-through costs to be recovered in one provision under subparagraph (D) of this paragraph. The twelve calendar months (true-up period) for inclusion in the true-up must remain constant, e.g., January through December. (vi) A utility that has a combined pass-through provision in its approved tariff may request to amend its tariff to replace the combined pass-through provision with individual pass-through provisions if all revenues and expenses have been properly trued up in a true-up report and all overcollections have been credited back to the customers. A utility that has replaced its previously approved combined pass-through provision with individual provisions may not request another combined pass-through until three years after the replacement has been approved unless good cause is shown.(D) A change in the combined pass-through provision may be implemented only once per year. The utility must file a true-up report within one month after the end of the true-up period. The report must reconcile both expenses and revenues related to the combined pass-through charge for the true-up period. If the true-up report reflects an over-collection from customers, the utility must change its combined pass-through rate using the confirmed rate changes to charges being passed through and the over-collection from customers reflected in the true-up report. If the true-up report does not reflect an over-collection from the customers, the implementation of a change to the pass-through rate is optional. The change may be effective in a billing cycle within three months after the end of the true-up period as long as the true-up clearly shows the reconciliation between charges by pass-through entities and collections from the customers, and charges from previous years are reconciled. Only expenses charged by the pass-through provider may be included in the provision. The true-up report must include: (i) a list of all entities charging fees included in the combined pass-through provision, specifying any new entities added to the combined pass-through provision; (ii) a summary of each charge passed through in the report year, along with documentation verifying the charge assessed and showing the amount the utility paid; (iii) a comparison between annual amounts billed by all entities charging fees included in the pass-through provision with amounts billed for the usage by the utility to its customers in the pass-through period; (iv) all calculations and supporting documentation; (v) a summary report, by year, for the lesser of all years prior or five years prior to the pass-through period showing the same information as in clause (iii) of this subparagraph with a reconciliation to the utility's booked numbers, if there is a difference in any year; and(vi) any other documentation or information requested by the commission.(E) For any pass-through provision granted under this section, all charges approved for recovery of pass-through costs must be stated separately from all charges by the utility to recover the revenue requirement. Except for a combined pass-through provision, the calculation for a pass-through gallonage rate for a utility with one source of water may be made using the following equation, which is provided as an example: R=G /(1-L), where R is the utility's new proposed pass-through rate, G equals the new gallonage charge by source supplier or conservation district, and L equals the actual line loss reflected as a percentage expressed in decimal format (for example, 8.5% would be expressed as 0.085). Line loss will be considered on a case-by-case basis. (F) A utility that requests to revise or implement an approved pass-through provision must take the following actions prior to the beginning of the billing period in which the revision takes effect: (i) file a written notice with the commission that must include: (I) each affected CCN number; (II) a list of each affected subdivision public water system (including name and corresponding number issued by the TCEQ), and water quality system (including name and corresponding number issued by the TCEQ), if applicable;(III) a copy of the notice to the customers; (IV) documentation supporting the stated amounts of any new or modified pass-through costs; (V) historical documentation of line loss for one year;(VI) all calculations and assumptions for any true-up of pass-through costs;(VII) the calculations and assumptions used to determine the new rates; and (VIII) a copy of the pages of the utility's tariff that contain the rates that will change if the utility's application is approved; and(ii) e-mail (if the customer has agreed to receive communications electronically), mail, or hand-deliver notice to the utility's customers. Notice may be in the form of a billing insert and must contain: (I) the effective date of the change; (II) the present calculation of customer billings; (III) the new calculation of customer billings; (IV) an explanation of any corrections to the pass-through formula, if applicable; (V) the change in charges to the utility for purchased water or sewer treatment or ground water reduction fee or subsidence, if applicable; and (VI) the following language: \"This tariff change is being implemented in accordance with the minor tariff changes allowed by 16 Texas Administrative Code §24.25. The cost to you as a result of this change will not exceed the costs charged to your utility.\" (G) The following provisions apply to surcharges: (i) A surcharge is an authorized rate to collect revenues over and above the usual cost of service. (ii) If authorized by the commission or the municipality exercising original jurisdiction over the utility, a surcharge to recover the actual increase in costs to the utility may be collected over a specifically authorized time period without being listed on the approved tariff for: (I) sampling fees not already recovered by rates; (II) inspection fees not already recovered by rates; (III) production fees or connection fees not already recovered by rates charged by a groundwater conservation district; or (IV) other governmental requirements beyond the control of the utility.(iii) A utility must use the revenues collected through a surcharge approved by the commission to cover the costs listed in subparagraph (G)(ii) of this section or for any purpose noted in the order approving the surcharge. The utility may redirect or use the revenues for other purposes only after first obtaining the approval of the commission. (iv) The commission may require a utility to file periodic and/or final accounting information to show the collection and disbursement of funds collected through an approved surcharge.(3) Tariff revisions and tariffs filed with rate changes. (A) If the commission is the regulatory authority, the utility must file its revisions with the commission. If a proposed tariff revision constitutes an increase in existing rates of a particular customer class or classes, then the commission may require that notice be given. (B) Each revision must be accompanied by a copy of the original tariff and a red-lined copy of the proposed tariff revisions clearly showing the proposed changes.(4) Rate schedule. Each rate schedule must clearly state: (A) the name of each public water system and corresponding identification number issued by the TCEQ, or the name of each sewer system and corresponding identification number issued by the TCEQ for each discharge permit, to which the schedule is applicable; and (B) the name of each subdivision, city, and county in which the schedule is applicable. (5) Tariff pages. Tariff pages must be numbered consecutively. Each page must show section number, page number, name of the utility, and title of the section in a consistent manner.(c) Composition of tariffs. A utility's tariff, including those utilities operating within the corporate limits of a municipality, must contain sections setting forth: (1) a table of contents;(2) a list of the cities, counties, and subdivisions in which service is provided, along with each public water system name and corresponding identification number issued by the TCEQ and each sewer system name and corresponding discharge permit number(s) issued by the TCEQ to which the tariff applies;(3) each CCN number under which service is provided; (4) the rate schedules; (5) the service rules and regulations, including forms of the service agreements, if any, and customer service inspection forms to be completed as required by the TCEQ; (6) the extension policy; (7) an approved drought contingency plan as required by the TCEQ; and (8) the forms of payment to be accepted for utility services.(d) Tariff filings in response to commission orders. Tariff filings made in response to an order issued by the commission must include a transmittal letter stating that the tariff attached is in compliance with the order, giving the docket number, date of the order, a list of tariff pages filed, and any other necessary information. Any service rules proposed in addition to those listed on the commission's tariff form or any modifications of a rule in the tariff must be clearly noted. All tariff pages must comply with all other sections in this chapter and must include only changes ordered. The effective date and/or wording of the tariff must comply with the provisions of the order.(e) Availability of tariffs. Each utility must make available to the public at each of its business offices and designated sales offices within Texas all of its tariffs currently on file with the commission or regulatory authority, and its employees must lend assistance to persons requesting information and afford these persons an opportunity to examine any such tariffs upon request. The utility must also provide copies of any portion of the tariffs at a reasonable cost to a requesting party. (f) Rejection. Any tariff filed with the commission and found not to be in compliance with this section must be returned to the utility with a brief explanation of the reasons for rejection. (g) Change by other regulatory authorities. Each utility operating within the corporate limits of a municipality exercising original jurisdiction must file with the commission its current tariff that has been authorized by the municipality. If changes are made to the utility's tariff for one or more service areas under the jurisdiction of the municipality, the utility must file its tariff reflecting the changes along with the ordinance, resolution or order issued by the municipality to authorize the change.(h) Effective date. The effective date of a tariff change is the date of approval by the regulatory authority, unless otherwise specified by the regulatory authority, in a commission order, or by rule. The effective date of a proposed rate increase under TWC §§13.187, 13.1871, 13.18715, or 13.1872 is the proposed date on the notice to customers and the regulatory authority, unless suspended by the regulatory authority. (i) Tariffs filed by water supply or sewer service corporations. A water supply or sewer service corporation must file with the commission, for informational purposes only, its tariff showing all rates that are subject to the appellate jurisdiction of the commission and that are in force for any utility service, product, or commodity offered. The tariff must include all rates, rules, and regulations relating to utility service or extension of service, each CCN number under which service is provided, and all affected counties or cities. If changes are made to the water supply or sewer service corporation's tariff, the water supply or sewer service corporation must file the tariff reflecting the changes, along with a cover letter with the effective date of the change. Tariffs filed under this subsection must be filed in conformance with §22.71 of this title (relating to Filing of Pleadings, Documents, and Other Materials) and §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission).(j) Temporary water rate provision for mandatory water use reduction. (1) A utility's tariff may include a temporary water rate provision that will allow the utility to increase its retail customer rates during periods when a court, government agency, or other authority orders mandatory water use reduction measures that affect the utility customers' use of water service and the utility's water revenues. Implementation of the temporary water rate provision will allow the utility to recover revenues that the utility would otherwise have lost due to mandatory water use reductions. If a utility obtains an alternate water source to replace the required mandatory reduction during the time the temporary water rate provision is in effect, the temporary water rate provision must be adjusted to prevent over-recovery of revenues from customers. A temporary water rate provision may not be implemented if an alternative water supply is immediately available without additional cost. (2) The temporary water rate provision must be approved by the regulatory authority having original jurisdiction in a rate proceeding before it may be included in the utility's approved tariff or implemented as provided in this subsection. A proposed change in the temporary water rate provision must be approved in a rate proceeding. A utility that has filed a rate change within the last 12 months may file a request for the limited purpose of obtaining a temporary water rate provision.(3) A utility may request a temporary water rate provision for mandatory water use reduction using the formula in this paragraph to recover 50% or less of the revenues that would otherwise have been lost due to mandatory water use reductions. The formula for a temporary water rate provision for mandatory water use reduction under this paragraph isAttached Graphic(A) The utility must file a request for a temporary water rate provision for mandatory water use reduction and provide customer notice as required by the regulatory authority, but is not required to provide complete financial data to support its existing rates. Notice must include a statement of when the temporary water rate provision would be implemented, a list of all customer classes affected, the rates affected, information on how to protest or intervene in the rate change, the address of the regulatory authority, the time frame for protests, and any other information that is required by the regulatory authority. The utility's existing rates are not subject to review in this proceeding and the utility is only required to support the need for the temporary rate. A request for a temporary water rate provision for mandatory water use reduction under this paragraph is not considered a statement of intent to increase rates subject to the 12-month limitation in §24.29 of this title (relating to Time Between Filings). (B) The utility must establish that the projected revenues that will be generated by the temporary water rate provision are required by the utility to pay reasonable and necessary expenses that will be incurred by the utility during the time mandatory water use reductions are in effect.(4) A utility may request a temporary water rate provision for mandatory water use reduction using the formula in paragraph (3) of this subsection or any other method acceptable to the regulatory authority to recover up to 100% of the revenues that would otherwise have been lost due to mandatory water use reductions. (A) If the utility requests authorization to recover more than 50% of lost revenues, the utility must submit financial data to support its existing rates as well as the temporary water rate provision for mandatory water use reduction even if no other rates are proposed to be changed. The utility's existing rates are subject to review in addition to the temporary water rate provision for mandatory water use reduction. (B) The utility must establish that the projected revenues that will be generated by the temporary water rate provision for mandatory water use reduction are required by the utility to pay reasonable and necessary expenses that will be incurred by the utility during the time mandatory water use reductions are in effect; that the rate of return granted by the regulatory authority in the utility's last rate case does not adequately compensate the utility for the foreseeable risk that mandatory water use reductions will be ordered; and that revenues generated by existing rates do not exceed reasonable cost of service. (5) The utility may place the temporary water rate provision into effect only after: (A) it has been approved by the regulatory authority and included in the utility's approved tariff in a prior rate proceeding; (B) there is an action by a court, government agency, or other authority requiring mandatory water use reduction measures that affect the utility's customers' use of utility services; and (C) issuing notice as required by paragraph (7) of this subsection. (6) The utility may readjust its temporary water rate provision to respond to modifications or changes to the original required water use reductions by reissuing notice as required by paragraph (7) of this subsection. If the commission is the regulatory authority, only the commission or the utility may request a hearing on the proposed implementation.(7) A utility implementing a temporary water rate for mandatory water use reduction must take the following actions prior to the beginning of the billing period in which the temporary water rate provision takes effect: (A) submit a written notice, including a copy of the notice received from the court, government agency, or other authority requiring the reduction in water use, to the regulatory authority; and(B) e-mail, if the customer has agreed to receive communications electronically, or mail notice to the utility's customers. Notice may be in the form of a billing insert and must contain the effective date of the implementation and the new rate the customers will pay after the temporary water rate provision is implemented. If the commission is the regulatory authority, the notice must include the following language: \"This rate change is being implemented in accordance with the temporary water rate provision approved by the Public Utility Commission of Texas to recognize the loss of revenues due to mandatory water use reduction ordered by (name of entity issuing order). The new rates will be effective on (date) and will remain in effect until the mandatory water use reductions are lifted or expired. The purpose of the rate is to ensure the financial integrity of the utility. The utility will recover through the rate (the percentage authorized by the temporary rate) % of the revenues the utility would otherwise have lost due to mandatory water use reduction by increasing the volume charge from ($ per 1,000 gallons to $ per 1,000 gallons).\" (8) A utility must stop charging a temporary water rate provision as soon as is practicable after the order that required mandatory water use reduction is ended, but in no case later than the end of the billing period that was in effect when the order was ended. The utility must notify its customers of the date that the temporary water rate provision ends and that its rates will return to the level authorized before the temporary water rate provision was implemented. The notice provided to customers regarding the end of the temporary water rate provision must be filed with the commission. (9) If the regulatory authority initiates an inquiry into the appropriateness or the continuation of a temporary water rate provision, it may establish the effective date of its decision on or after the date the inquiry is filed.(k) Regional rates. The regulatory authority, where practicable, will consolidate the rates by region for applications submitted by a Class A, B, or C utility, or a Class D utility filing under TWC §13.1872(c)(2), with a consolidated tariff and rate design for more than one system.(l) Energy cost adjustment clause. (1) A utility that purchases energy (electricity or natural gas) that is necessary for the provision of retail water or sewer service may request the inclusion of an energy cost adjustment clause in its tariff to allow the utility to adjust its rates to reflect increases and decreases in documented energy costs.(2) A utility that requests the inclusion of an energy cost adjustment clause in its tariff must file a request with the commission. The utility must also give notice of the proposed energy cost adjustment clause by mail, either separately or accompanying customer billings, by e-mail, or by hand delivery to all affected utility customers at least 60 days prior to the proposed effective date. Proof of notice in the form of an affidavit stating that proper notice was delivered to affected customers and stating the date of such delivery must be filed with the commission by the utility as part of the request. Notice must be provided on a form prescribed by the commission and must contain the following information: (A) the utility name and address, a description of how the increase or decrease in energy costs will be calculated, the effective date of the proposed change, and the classes of utility customers affected. The effective date of the proposed energy cost adjustment clause must be the first day of a billing period, which should correspond to the day of the month when meters are typically read, and the clause may not apply to service received before the effective date of the clause; (B) information on how to submit comments regarding the energy cost adjustment clause, the address of the commission, and the time frame for comments; and (C) any other information that is required by the commission. (3) The commission's review of the utility's request is not subject to a contested case hearing. However, the commission will hold a public meeting if requested by a member of the legislature who represents an area served by the utility or if the commission determines that there is substantial public interest in the matter. (4) Once an energy cost adjustment clause has been approved, documented changes in energy costs must be passed through to the utility's customers within a reasonable time. The pass-through, whether an increase or decrease, must be implemented on at least an annual basis, unless the commission determines otherwise. Before making a change to the energy cost adjustment clause, notice must be provided as required by paragraph (5) of this subsection. Copies of notices to customers must be filed with the commission.(5) Before a utility implements a change in its energy cost adjustment clause as required by paragraph (4) of this subsection, the utility must take the following actions prior to the beginning of the billing period in which the implementation takes effect: (A) submit written notice to the commission, which must include a copy of the notice sent to the customers, proof that the documented energy costs have changed by the stated amount; and(B) e-mail, if the customer has agreed to receive communications electronically, mail, either separately or accompanying customer billings, or hand deliver notice to the utility's affected customers. Notice must contain the effective date of change and the increase or decrease in charges to the utility for documented energy costs. The notice must include the following language: \"This tariff change is being implemented in accordance with the utility's approved energy cost adjustment clause to recognize (increases) (decreases) in the documented energy costs. The cost of these charges to customers will not exceed the (increase) (decrease) in documented energy costs.\"(6) The commission may suspend the adoption or implementation of an energy cost adjustment clause if the utility has failed to properly file the request or has failed to comply with the notice requirements or proof of notice requirements. If the utility cannot clearly demonstrate how the clause is calculated, the increase or decrease in documented energy costs or how the increase or decrease in documented energy costs will affect rates, the commission may suspend the adoption or implementation of the clause until the utility provides additional documentation requested by the commission. If the commission suspends the adoption or implementation of the clause, the adoption or implementation will be effective on the date specified by the commission.(7) Energy cost adjustment clauses may not apply to contracts or transactions between affiliated interests.(8) A proceeding under this subsection is not a rate case under TWC §§13.187, 13.1871, 13.18715, or 13.1872.", "sourceNote": "Source Note: The provisions of this §24.25 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845; amended to be effective September 5, 2024, 49 TexReg 6741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223390", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.27", "label": "Notice of Intent and Application to Change Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199499", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section describes the requirements for the contents of an application to change rates and the requirements for the provision of notice of an application to change rates filed by a Class A, B, or C utility, or a Class D utility filing under Texas Water Code (TWC) §13.1872(c)(2).(b) Contents of the application. An application to change rates is initiated by the filing of the applicable rate filing package, a statement of intent to change rates, and the proposed form and method of notice to customers and other affected entities under subsection (c) of this section.(1) The application must include the commission's rate filing package form and include all required schedules.(2) The application must be based on a test year as defined in §24.3(36) of this title (relating to Definitions of Terms).(3) For an application filed by a Class A utility, the rate filing package, including each schedule, must be supported by pre-filed direct testimony. The pre-filed direct testimony must be filed at the same time as the application to change rates.(4) For an application filed by a Class B utility, Class C utility, or Class D utility filing under TWC §13.1872(c)(2), the applicable rate filing package, including each schedule, must be supported by affidavit. The affidavit must be filed at the same time as the application to change rates. The utility may file pre-filed direct testimony at the same time as the application to change rates. If the application is set for a hearing, the presiding officer may require the filing of pre-filed direct testimony at a later date.(5) Proof of notice. Proof of notice in the form of an affidavit stating that proper notice was mailed, e-mailed, or delivered to customers and affected municipalities and stating the dates of such delivery must be filed with the commission by the applicant utility as part of the rate change application.(c) Notice requirements specific to applications filed by a Class A Utility under TWC §13.187.(1) Notice of the application. In order to change rates under TWC §13.187, a utility must comply with the following requirements at least 35 days before the effective date of the proposed change.(A) The utility must file a statement of intent (notice) with the commission and provide a copy of the notice to all customers of the utility affected by the proposed rate change, to the appropriate offices of each municipality affected by the proposed rate change, and to the Office of Public Utility Counsel.(B) Notice must be provided using the commission-approved form and must include a description of the process by which a ratepayer may intervene in the proceeding.(C) This notice must state the docket number assigned to the rate application. Prior to the provision of notice, the utility must file a request for the assignment of a docket number for the rate application.(D) Notices to affected ratepayers may be mailed separately, e-mailed (if the customer has agreed to receive communications electronically), or may accompany customer billings.(E) Notice is considered to be completed upon mailing, e-mailing (if the customer has agreed to receive communications electronically), or hand delivery.(2) Notice of the hearing. After the rate application is set for a hearing, the commission will give reasonable notice of the hearing, including notice to the governing body of each affected municipality and county. The commission may require the utility to complete this notice requirement. The commission may delegate to an administrative law judge of the State Office of Administrative Hearings the responsibility and authority to give reasonable notice of the hearing, including notice to the governing body of each affected municipality and county.(d) Notice requirements specific to applications filed by Class B, C, and D utilities.(1) Notice of the application. In order to change rates, a Class B or C utility, or a Class D utility filing under TWC §13.1872(c)(2), must comply with the following requirements at least 35 days before the effective date of the proposed change.(A) The utility must file a notice with the commission and provide a copy of the notice to all customers of the utility affected by the proposed rate change, to the appropriate offices of each municipality affected by the proposed rate change, and to the Office of Public Utility Counsel.(B) Notice must be provided using the commission-approved form and must include a description of the process by which a ratepayer may file a protest under TWC §13.1871(i).(C) The notice must state the docket number assigned to the rate application. Prior to providing notice, a Class B or C utility, or a Class D utility filing under TWC §13.1872(c)(2), must file a request for the assignment of a docket number for the rate application.(D) Notices to affected ratepayers may be mailed separately, e-mailed (if the customer has agreed to receive communications electronically), or may accompany customer billings.(E) Notice is considered to be completed upon mailing, e-mailing (if the customer has agreed to receive communications electronically), or hand delivery.(2) Notice of the hearing. After the rate application is set for a hearing, the following notice requirements apply.(A) The commission will give reasonable notice of the prehearing conference, including notice to the governing body of each affected municipality and county. The commission may require the utility to provide this notice. The commission may delegate to an administrative law judge of the State Office of Administrative Hearings the responsibility and authority to give reasonable notice for the prehearing conference, including notice to the governing body of each affected municipality and county.(B) A Class B utility must mail notice of the prehearing conference to each affected ratepayer at least 20 days before the prehearing conference.(C) A Class C utility, or a Class D utility filing under TWC §13.1872(c)(2), must mail, e-mail, or hand deliver notice of the prehearing conference to each affected ratepayer at least 20 days before the prehearing conference.(D) A notice provided under subparagraph (B) or (C) of this paragraph must include a description of the process by which a ratepayer may intervene in the proceeding.(e) Line extension and construction policies. A request to approve or amend a utility's line extension and construction policy must be filed in a rate change application under TWC §§13.187, 13.1871, 13.18715, or 13.1872(c)(2). The application must include the proposed tariff and other information requested by the commission. The request may be made with a request to change one or more of the utility's other rates.(f) Capital improvements surcharge. In a rate proceeding under TWC §§13.187, 13.1871, 13.18715, or 13.1872(c)(2), the commission may approve a surcharge to collect funds for capital improvements necessary to provide facilities capable of providing continuous and adequate utility service, and for the preparation of design and planning documents.(g) Debt repayments surcharge. In a rate proceeding under TWC §§13.187, 13.1871, 13.18715, or 13.1872(c)(2), the commission may approve a surcharge to collect funds for debt repayments and associated costs, including funds necessary to establish contingency funds and reserve funds. Surcharge funds may be collected to meet all the requirements of the Texas Water Development Board regarding financial assistance from the Safe Drinking Water Revolving Fund.", "sourceNote": "Source Note: The provisions of this §24.27 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199499", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.29", "label": "Time Between Filings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192934", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The following provisions are applicable to utilities, including those with consolidated or regional tariffs, under common control or ownership with any utility that has filed a statement of intent to increase rates under TWC §§13.187, 13.1871, or 13.18715.(b) A utility, or two or more utilities under common control and ownership, may not file a statement of intent to increase rates more than once in a 12-month period except:(1) to implement an approved purchase water pass through provision;(2) to adjust the rates of a newly acquired utility system;(3) to comply with a commission order;(4) to adjust rates authorized by §24.25(b)(2) of this title (relating to Form and Filing of Tariffs);(5) when the regulatory authority requires the utility to deliver a corrected statement of intent; or(6) when the regulatory authority determines that a financial hardship exists. A utility may be considered to be experiencing a financial hardship if revenues are insufficient to:(A) cover reasonable and necessary operating expenses;(B) cover cash flow needs which may include regulatory sampling requirements, unusual repair and maintenance expenses, revenues to finance required capital improvements or, in certain instances, existing debt service requirements specific to utility operations; or(C) support a determination that the utility is able to provide continuous and adequate service to its existing service area.(c) A Class D utility under common control or ownership with a utility that has filed an application to change rates under TWC §§13.187, 13.1871, or 13.18715 within the preceding 12 months may not file an application to change rates under TWC §13.1872(c)(2) unless one of the exceptions listed in subsection (b) of this section applies.", "sourceNote": "Source Note: The provisions of this §24.29 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192934", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.31", "label": "Jurisdiction over Affiliated Interests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199500", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission has jurisdiction over affiliated interests having transactions with utilities under the jurisdiction of the commission to the extent of access to all accounts and records of those affiliated interests relating to such transactions, including, but not limited to, accounts and records of joint or general expenses, any portion of which may be applicable to those transactions.(b) The owner of a utility that supplies retail water service may not contract to purchase wholesale water service from an affiliated supplier for any part of that owner's systems unless:(1) the wholesale service is provided for not more than 90 days if service discontinuance or serious impairment in service is imminent or has occurred; or(2) the commission determines that the utility cannot obtain wholesale water service from another source at a lower cost than from the affiliate.", "sourceNote": "Source Note: The provisions of this §24.31 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199500", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.33", "label": "Suspension of the Effective Date of Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199501", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Regardless of, and in addition to, any period of suspension ordered under subsection (b) of this section, after written notice to the utility, the commission may suspend the effective date of a rate change for not more than:(1) 150 days from the date the proposed rates would otherwise be effective for an application filed under Texas Water Code (TWC) §13.187; or(2) 265 days from the date the proposed rates would otherwise be effective for an application filed under TWC §§13.1871, 13.18715, or 13.1872(c)(2).(b) Regardless of, and in addition to, any period of suspension ordered under subsection (a) of this section, the commission may suspend the effective date of a change in rates if the utility:(1) has failed to properly complete the rate application as required by §24.27 of this title (relating to Notice of Intent and Application to Change Rates), has failed to comply with the notice requirements and proof of notice requirements, or has for any other reason filed a request to change rates that is not deemed administratively complete until a properly completed request to change rates is accepted by the commission;(2) does not have a certificate of convenience and necessity or a completed application pending with the commission to obtain or to transfer a certificate of convenience and necessity until a completed application to obtain or transfer a certificate of convenience and necessity is accepted by the commission; or(3) is delinquent in paying the regulatory assessment fee and any applicable penalties or interest required by TWC §5.701(n) until the delinquency is remedied.(c) If the commission suspends the effective date of a requested change in rates under subsection (b) of this section, the requirement under §24.35(b)(1) of this title (relating to Processing and Hearing Requirements for an Application to Change Rates), to begin a hearing within 30 days of the effective date does not apply and the utility may not notify its customers of a new proposed effective date until the utility receives written notification from the commission that all deficiencies have been corrected.(d) A suspension ordered under subsection (a) of this section will be extended two days for each day a hearing on the merits exceeds 15 days.(e) If the commission does not make a final determination on the proposed rate before the expiration of the suspension period described by subsections (a) and (d) of this section, the proposed rate will be considered approved. This approval is subject to the authority of the commission thereafter to continue a hearing in progress.(f) The effective date of any rate change may be suspended at any time during the pendency of a proceeding, including after the date on which the proposed rates are otherwise effective.(g) For good cause shown, the commission may at any time during the proceeding require the utility to refund money collected under a proposed rate before the rate was suspended to the extent the proposed rate exceeds the existing rate.", "sourceNote": "Source Note: The provisions of this §24.33 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199501", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.35", "label": "Processing and Hearing Requirements for an Application to Change Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192937", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section describes the requirements for the processing of applications to change rates filed by a Class A, B, or C utility, or a Class D utility filing under Texas Water Code (TWC) §13.1872(c)(2).(b) Proceedings Under TWC §13.187. The following criteria apply to applications to change rates filed by Class A utilities under TWC §13.187.(1) Not later than the 30th day after the effective date of the change, the commission will begin a hearing to determine the propriety of the change.(2) The matter may be referred to the State Office of Administrative Hearings and the referral will be deemed to be the beginning of the hearing required by paragraph (1) of this subsection.(3) If the matter is not referred to the State Office of Administrative Hearings, an order establishing a date for a prehearing conference will be deemed to be the beginning of the hearing required by paragraph (1) of this subsection.(c) Proceedings Under TWC §13.1871. The following criteria apply to applications to change rates filed by a Class B, C, or D utility, using the procedures in TWC §13.1871.(1) The commission may set the matter for hearing on its own motion at any time within 120 days after the effective date of the rate change.(2) The commission will set the matter for a hearing if it receives a complaint from any affected municipality or protests from the lesser of 1,000 or 10 percent of the affected ratepayers of the utility over whose rates the commission has original jurisdiction, during the first 90 days after the effective date of the proposed rate change.(A) Ratepayers may file individual protests or joint protests. Each protest must contain the following information:(i) a clear and concise statement that the ratepayer is protesting a specific rate action of the water or sewer service utility in question; and(ii) the name and service address or other identifying information of each signatory ratepayer. The protest must list the address of the location where service is received if it differs from the residential address of the signatory ratepayer.(B) For the purposes of this subsection, each person receiving a separate bill is considered a ratepayer, but one person may not be considered more than one ratepayer regardless of the number of bills the person receives. The protest is properly signed if signed by a person, or the spouse of a person, in whose name utility service is carried.(3) Referral to the State Office of Administrative Hearings at any time during the pendency of the proceeding is deemed to be setting the matter for hearing as required by paragraphs (1) and (2) of this subsection.(4) If the matter is not referred to the State Office of Administrative Hearings, an order establishing a date for a prehearing conference is deemed to be the beginning of the hearing required by paragraph (2) of this subsection.(d) If, after hearing, the regulatory authority finds the rates currently being charged or those proposed to be charged are unreasonable or in violation of the law, the regulatory authority will determine the rates to be charged by the utility and will fix the rates by order served on the utility.(e) The utility may begin charging the proposed rates on the proposed effective date, unless the proposed rate change is suspended by the commission under §24.33 of this title (relating to Suspension of the Effective Date of Rates) or interim rates are set by the presiding officer under §24.37 of this title (relating to Interim Rates). Rates charged under a proposed rate during the pendency of a proceeding are subject to refund to the extent the commission ultimately approves rates that are lower than the proposed rates.", "sourceNote": "Source Note: The provisions of this §24.35 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192937", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.37", "label": "Interim Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may, on a motion by the commission staff or by the appellant under TWC, §13.043(a), (b), or (f), as amended, establish interim rates to remain in effect until a final decision is made.(b) At any time after the filing of a statement of intent to change rates under Chapter 13 of the TWC the commission staff may petition the commission to set interim rates to remain in effect until further commission action or a final rate determination is made. After a hearing is convened, any party may petition the judge or commission to set interim rates.(c) At any time during the proceeding, the commission may, for good cause, require the utility to refund money collected under a proposed rate before the rate was suspended or an interim rate was established to the extent the proposed rate exceeds the existing rate or the interim rate.(d) Interim rates may be established by the commission in those cases under the commission's original or appellate jurisdiction where the proposed increase in rates could result in an unreasonable economic hardship on the utility's customers, unjust or unreasonable rates, or failure to set interim rates could result in an unreasonable economic hardship on the utility.(e) In making a determination under subsection (d) of this section, the commission may limit its consideration of the matter to oral arguments of the affected parties and may:(1) set interim rates not lower than the authorized rates prior to the proposed increase nor higher than the requested rates;(2) deny interim rate relief; and(3) require that all or part of the requested rate increase be deposited in an escrow account in accordance with §24.39 of this title (relating to Escrow of Proceeds Received under Rate Increase).(f) The commission may also remand the request for interim rates to the State Office of Administrative Hearings for an evidentiary hearing on interim rates. The presiding officer shall issue a non-appealable interlocutory ruling setting interim rates to remain in effect until a final rate determination is made by the commission.(g) The establishment of interim rates does not preclude the commission from establishing, as a final rate, a different rate from the interim rate.(h) Unless otherwise agreed to by the parties to the rate proceeding, the retail public utility shall refund or credit against future bills all sums collected in excess of the rate finally ordered plus interest as determined by the commission in a reasonable number of monthly installments.(i) Unless otherwise agreed to by the parties to the rate proceeding, the retail public utility shall be authorized by the commission to collect the difference, in a reasonable number of monthly installments, from its customers for the amounts by which the rate finally ordered exceeds the interim rates.(j) The retail public utility shall provide a notice to its customers including the interim rates set by the commission or presiding officer with the first billing at the interim rates with the following wording: \"The commission (or presiding officer) has established the following interim rates to be in effect until the final decision on the requested rate change (appeal) or until another interim rate is established.\"", "sourceNote": "Source Note: The provisions of this §24.37 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192938", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.39", "label": "Escrow of Proceeds Received under Rate Increase" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200715", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Rates received during the pendency of a rate proceeding.(1) During the pendency of its rate proceeding, a utility may be required to deposit all or part of the rate increase into an interest-bearing escrow account with a federally insured financial institution, under such terms and conditions as determined by the commission.(2) The utility shall file a completed escrow agreement between the utility and the financial institution with the commission for review and approval.(3) If necessary to meet the utility's current operating expenses, or for other good cause shown, the commission may authorize the release of funds to the utility from the escrow account during the pendency of the proceeding.(4) The commission, except for good cause shown, shall give all parties-of-record at least 10 days notice of an intent to release funds from an escrow account. Any party may file a motion with the commission objecting to the release of escrow funds or to establish different terms and conditions for the release of escrowed funds.(5) Upon the commission's establishment of final rates, all funds remaining in the escrow account shall be released to the utility or ratepayers in accordance with the terms of the commission's order.(b) Surcharge revenues granted by commission order at the conclusion of a rate proceeding.(1) A utility may be required to deposit all or part of surcharge funds authorized by the commission into an interest-bearing escrow account with a federally insured financial institution, under such terms and conditions as determined by the commission.(2) Prior to collecting any surcharge revenues that are required to be escrowed, the utility shall submit for commission approval the completed escrow agreement between the utility and the financial institution. If the utility fails to promptly remedy any deficiencies in the agreement noted by the commission, the commission may suspend the collection of surcharge revenues until the agreement is properly amended.(3) In order to allow the utility to complete the improvements for which surcharge funds were granted, the commission may authorize the release of funds to the utility from the escrow account after receiving a written request including appropriate documentation.", "sourceNote": "Source Note: The provisions of this §24.39 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200715", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.41", "label": "Cost of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192940", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Components of cost of service. Rates are based upon a utility's cost of rendering service. The two components of cost of service are allowable expenses and return on rate base.(b) Allowable expenses. Only those expenses that are reasonable and necessary to provide service to the ratepayers may be included in allowable expenses. In computing a utility's allowable expenses, only the utility's test year expenses as adjusted for known and measurable changes will be considered. A change in rates must be based on a test year as defined in §24.3(37) of this title, relating to Definitions of Terms. Payments to affiliated interests for costs of service, or any property, right, or thing, or for interest expense are not allowed as an expense for cost of service except as provided in Texas Water Code (TWC) §13.185(e).(1) Components of allowable expenses. Allowable expenses, to the extent they are reasonable and necessary, may include, but are not limited to, the following general categories:(A) Operations and maintenance expense incurred in furnishing normal utility service and in maintaining utility plant used by and useful to the utility in providing such service.(B) Depreciation expense based on original cost and computed on a straight-line basis over the useful life of the asset as approved by the commission.(i) Depreciation expense is allowed on all currently used and useful depreciable utility property owned by the utility and depreciable utility plant, property and equipment retired by the utility, subject to the requirements of subparagraph (c)(2)(C) of this section. Depreciation expense is not allowed for property provided under explicit customer agreements or funded by customer contributions in aid of construction. Depreciation expense is allowed for all currently used and useful developer or governmental entity contributed property. A utility must calculate depreciation on a straight-line basis over the expected or remaining life of the asset, but is not required to use the remaining life method if salvage value is zero. A utility that does not use group depreciation and proposes to change the useful life of an asset with an accumulated depreciation balance must not change the accumulated depreciation balance and must adjust depreciation expense going forward based on the changed useful life.(ii) The depreciation accrual for all assets must account for expected net salvage value in the calculation of the depreciation rate and actual net salvage value related to retired plant. The utility must submit sufficient evidence with the application establishing that the estimated salvage value, including removal costs, is reasonable. For a utility that uses group accounting, salvage value will be applied to the asset group in depreciation studies. For a utility that uses itemized accounting, salvage value will be applied to specific assets.(C) Assessments and taxes other than income taxes.(D) Federal income taxes on a normalized basis. Federal income taxes must be computed according to the provisions of TWC §13.185(f), if applicable.(E) Funds expended in support of membership in professional or trade associations, provided such associations contribute toward the professionalism of their membership.(F) Advertising, contributions and donations. The actual test year expenditures for advertising, contributions, and donations may be allowed as a cost of service provided that the total sum of all such items allowed in the cost of service must not exceed three-tenths of 1.0% (0.3%) of the gross receipts of the utility for services rendered to the public. The following expenses are the only expenses that may be included in the calculation of the three-tenths of 1.0% (0.3%) maximum:(i) funds expended advertising methods of conserving water;(ii) funds expended advertising methods by which the consumer can achieve a savings in total utility bills; and(iii) funds expended advertising water quality protection.(G) Credit card and electronic payment processing fees. Expenditures or fees charged by banks or companies for accepting and processing credit card, debit card or other forms of electronic payment from customers for water and sewer utility service may be allowed as a cost of service.(2) Expenses not allowed. The following expenses are not allowed as a component of cost of service:(A) legislative advocacy expenses, whether made directly or indirectly, including, but not limited to, legislative advocacy expenses included in professional or trade association dues;(B) funds expended in support of political candidates;(C) funds expended in support of any political movement;(D) funds expended in promotion of political or religious causes;(E) funds expended in support of or membership in social, recreational, fraternal, or religious clubs or organizations;(F) funds promoting increased consumption of water;(G) funds expended to mail any parcel or letter containing any of the items mentioned in subparagraphs (A) - (F) of this paragraph;(H) interest expense of processing a refund or credit of sums collected in excess of the rate ordered by the commission;(I) any expenditure found by the commission to be unreasonable, unnecessary, or not in the public interest, including, but not limited to, executive salaries, advertising expenses, rate case expenses, legal expenses, penalties and interest on overdue taxes, criminal penalties or fines, and civil penalties or fines; and(J) the costs of purchasing groundwater from any source if:(i) the source of the groundwater is located in a priority groundwater management area; and(ii) a wholesale supply of surface water is available.(c) Return on rate base. The return on rate base is the rate of return times rate base.(1) Rate of return. The commission will allow each utility a reasonable opportunity to earn a reasonable rate of return, which is expressed as a percentage of invested capital, and will fix the rate of return in accordance with the following principles.(A) The return should be reasonably sufficient to assure confidence in the financial soundness of the utility and should be adequate, under efficient and economical management, to maintain and support its credit and enable it to raise the money necessary for the proper discharge of its public duties.(B) The commission will consider the utility's cost of capital, which is the composite of the cost of the various classes of capital used by the utility.(i) Debt capital. The cost of debt capital is the actual cost of debt, plus adjustments for premiums, discounts, and refunding and issuance costs.(ii) Equity capital. For companies with ownership expressed in terms of shares of stock, equity capital commonly consists of the following classes of stock.(I) Common stock capital. The cost of common stock capital must be based upon a fair return on its value.(II) Preferred stock capital. The cost of preferred stock capital is its annual dividend requirement, if any, plus an adjustment for premiums, discounts, and cost of issuance.(C) The commission will consider the efforts and achievements of the utility in the conservation of resources, the quality of the utility's services, the efficiency of the utility's operations, and the quality of the utility's management, along with other relevant conditions and practices.(D) The commission may consider inflation, deflation, the growth rate of the service area, and the need for the utility to attract new capital.(2) Rate base. The rate of return is applied to the rate base. Assets retired before June 19, 2009, must be removed from rate base before the rate of return is applied to the rate base. Components to be included in determining the rate base are as follows:(A) If a utility or its facilities were valued using the process for establishing fair market value in Texas Water Code (TWC) §13.305, the dollar value of the \"ratemaking rate base,\" as defined in TWC §13.305(a)(2) and §24.238(b)(4) of this title, relating to Fair Market Valuation, less accumulated depreciation.(i) The installation date of the ratemaking rate base is the filing date of the commission's final order approving the acquisition of the ratemaking rate base in an application filed under TWC §13.301.(ii) The ratemaking rate base will include an accrual for Allowance for Funds Used During Construction (AFUDC), as defined in §24.238(b)(2) of this title, relating to Fair Market Valuation, for any post-acquisition improvements to the ratemaking rate base. The accrual will begin on the date the improvement cost was incurred and end on the earlier of:(I) the fourth anniversary of the date the improvement was placed in service; or(II) the filing date of the commission order in which the ratemaking rate base is first approved by the commission as part of the rate base set in a base rate proceeding.(iii) For book and ratemaking purposes, depreciation on any post-acquisition improvement to the ratemaking rate base will be deferred and considered in the utility's next base rate proceeding.(iv) Transaction and closing costs associated with the acquisition will be reviewed in the acquiring utility's first base rate proceeding after the transaction has been concluded.(B) Original cost, less accumulated depreciation, of utility plant, property, and equipment used by and useful to the utility in providing service.(C) Original cost, less net salvage and accumulated depreciation at the date of retirement, of depreciable utility plant, property and equipment retired by the utility.(i) For original cost under this subparagraph or subparagraph (B) of this paragraph, the commission may adjust rate base and the rate of return on equity associated with the cost of plant and equipment that has been estimated by trending studies or other methods not based on or verified by historical records.(ii) Original cost in this subparagraph or subparagraph (B) of this paragraph is the actual money cost, or the actual money value of any consideration paid other than money, of the property at the time it was dedicated to public use, whether by the utility that is the current owner or by a predecessor. Assets may be booked in itemized or group accounting, but all accounting for assets and their retirements must be supported by an approved accounting system.(iii) On all assets retired from service, the original cost of an asset must be the book cost less net salvage value. If a utility calculates annual depreciation expense for an asset with allowance for salvage value, then it must account for the actual salvage amounts when the asset is actually retired. The utility must include the actual salvage calculation in its net plant calculation in the first full rate change application, excluding alternative rate method applications as described in §24.75 of this title, relating to Alternative Rate Methods, it files after the date on which the asset was removed from service, even if it was not retired during the test year. Recovery of investment on assets retired from service before the estimated useful life or remaining life of the asset must be combined with over-accrual of depreciation expense for those assets retired after the estimated useful life or remaining life and the net amount must be amortized over a reasonable period of time taking into account prudent regulatory principles.(iv) Accelerated depreciation is not allowed.(v) For a utility that uses group accounting, all mortality characteristics, both life and net salvage, must be supported by an engineering or economic based depreciation study for which the test year for the depreciation is no more than five years old in comparison to the rate case test year. The engineering or economic based depreciation study must include:(I) investment by homogenous category;(II) expected level of gross salvage by category;(III) expected cost of removal by category;(IV) the accumulated provision for depreciation as appropriately reflected on the company's books by category;(V) the average service life by category;(VI) the remaining life by category;(VII) the Iowa Dispersion Pattern by category; and(VIII) a detailed narrative identifying the specific factors, data, criteria and assumptions that were employed to arrive at the specific mortality proposal for each homogenous group of property.(vi) Reserve for depreciation under this subparagraph or subparagraph (B) of this paragraph is the accumulation of recognized allocations of original cost, representing recovery of initial investment, over the estimated useful life or remaining life of the asset. Depreciation must be computed on a straight-line basis over the expected useful life or remaining life of the item or facility regardless of whether the salvage value is zero or not zero.(I) If individual accounting is used, the following requirements apply to retirements:(-a-) Accumulated depreciation must be calculated based on book cost less net salvage value of the asset.(-b-) The utility must provide evidence establishing the original cost of the asset, the cost of removal, salvage value, any other amounts recovered; the useful life of the asset, or remaining life as may be appropriate; the date the asset was taken out of service; and the accumulated depreciation up to the date it was taken out of service.(-c-) The utility must show that it used due diligence in recovering maximum salvage value of a retired asset.(-d-) The utility must continue booking depreciation expense until the asset is actually retired, and the reserve for depreciation must include any additional depreciation expense accrued past the estimated useful or remaining life of the asset.(-e-) The retirement of a plant asset from service is accounted for by crediting the book cost to the utility plant account in which it is included. Accumulated depreciation must also be debited with the original cost and the cost of removal and credited with the salvage value and any other amounts recovered.(-f-) Retired assets must be specifically identified.(-g-) The requirements relating to the accounting for the reasonableness of retirement decisions for individual assets and the net salvage value calculations for individual assets apply only to a utility using itemized accounting.(II) For a utility that uses group accounting, the depreciation study must provide the information in subclause (I) except that retirements may be accounted for by category. Retired assets must be reported for the asset group in depreciation studies.(III) TWC §13.185(e) applies to utility business transactions with affiliated interests involved in the retirement, removal, or recovery of assets.(IV) For assets retired after June 19, 2009, the retired assets must be included in the utility's first application for a rate change after the date the asset was retired and must be specifically identified if the utility uses itemized accounting.(vii) the original cost of plant, property, and equipment acquired from an affiliated interest may not be included in invested capital except as provided in TWC §13.185(e);(viii) utility property funded by written customer agreements or customer contributions in aid of construction such as surcharges must not be included in original cost or invested capital.(D) Working capital allowance to be composed of, but not limited to the following:(i) reasonable inventories of materials and supplies held specifically for purposes of permitting efficient operation of the utility in providing normal utility service.(ii) reasonable prepayments for operating expenses. Prepayments to affiliated interests are subject to the standards set forth in TWC §13.185(e); and(iii) a reasonable allowance for cash working capital. The following will apply in determining the amount to be included in invested capital for cash working capital:(I) Cash working capital for utilities must not exceed one-eighth of total annual operations and maintenance expense, excluding amounts charged to operations and maintenance expense for materials, supplies, fuel, and prepayments.(II) For Class C and Class D utilities, one-eighth of operations and maintenance expense excluding amounts charged to operations and maintenance expense for materials, supplies, expenses recovered through a pass-through provision or through charges other than base rate and gallonage charges, and prepayments will be considered a reasonable allowance for cash working capital.(III) For Class B utilities, one-twelfth of operations and maintenance expense excluding amounts charged to operations and maintenance expense for materials, supplies, expenses recovered through a pass-through provision or charges other than base rate and gallonage charges, and prepayments will be considered a reasonable allowance for cash working capital.(IV) For Class A utilities, a reasonable allowance for cash working capital, including a request of zero, will be determined by the use of a lead-lag study. A lead-lag study will be performed in accordance with the following criteria:(-a-) The lead-lag study will use the cash method. All non-cash items, including but not limited to depreciation, amortization, deferred taxes, prepaid items, and return, including interest on long-term debt and dividends on preferred stock, will not be considered.(-b-) Any reasonable sampling method that is shown to be unbiased may be used in performing the lead-lag study.(-c-) The check clear date, or the invoice due date, whichever is later, will be used in calculating the lead-lag days used in the study. In those cases where multiple due dates and payment terms are offered by vendors, the invoice due date is the date corresponding to the terms accepted by the utility.(-d-) All funds received by the utility except electronic transfers will be considered available for use no later than the business day following the receipt of the funds in any repository of the utility, e.g., lockbox, post office box, branch office. All funds received by electronic transfer will be considered available the day of receipt.(-e-) The balance of cash and working funds included in the working cash allowance calculation will consist of the average daily bank balance of all non-interest bearing demand deposits and working cash funds.(-f-) The lead on federal income tax expense must be calculated by measurement of the interval between the mid-point of the annual service period and the actual payment date of the utility.(-g-) If the cash working capital calculation results in a negative amount, the negative amount must be included in rate base.(V) If cash working capital is required to be determined by the use of a lead-lag study under subclause (IV) of this clause and either the utility does not file a lead-lag study or the utility's lead-lag study is determined to be unreliable, in the absence of persuasive evidence that suggests a different amount of cash working capital, zero will be presumed to be the reasonable level of cash working capital.(VI) A lead lag study completed within five years of the application for a rate or tariff change is adequate for determining cash working capital unless sufficient persuasive evidence suggests that the study is no longer valid.(VII) Operations and maintenance expense does not include depreciation, other taxes, or federal income taxes, for purposes of subclauses (I), (II), (III) and (V) of this clause.(3) Deduction of certain items from rate base. In the consideration of applications filed under TWC §13.187 or §13.1871, the commission will deduct certain items from rate base, including but not limited to the following:(A) accumulated reserve for deferred federal income taxes;(B) unamortized investment tax credit to the extent allowed by the Internal Revenue Code;(C) contingency and property insurance reserves;(D) contributions in aid of construction; and(E) other sources of cost-free capital, as determined by the commission.(4) Construction work in progress (CWIP). The inclusion of CWIP is an exceptional form of relief. Under ordinary circumstances, the rate base consists only of those items that are used and useful in providing service to the public. Under exceptional circumstances, the commission may include CWIP in rate base to the extent that the utility has proven that:(A) the inclusion is necessary to the financial integrity of the utility; and(B) major projects under construction have been efficiently and prudently planned and managed.(5) Requirements for post-test year adjustments.(A) A post-test year adjustment to test year data for known and measurable rate base additions may be considered only if:(i) the addition represents a plant which would appropriately be recorded for investor-owned utilities in National Association of Regulatory Utility Commissioners (NARUC) account 101 or 102;(ii) the addition comprises at least 10% of the utility's requested rate base, exclusive of post-test year adjustments and CWIP;(iii) the addition is in service before the rate year begins; and(iv) the attendant impacts on all aspects of a utility's operations, including but not limited to, revenue, expenses and invested capital, can with reasonable certainty be identified, quantified and matched. Attendant impacts are those that reasonably result as a consequence of the post-test year adjustment being proposed.(B) Each post-test year plant adjustment described by subparagraph (A) of this paragraph will be included in rate base at the reasonable test year-end CWIP balance, if the addition is constructed by the utility, or the reasonable price, if the addition represents a purchase, subject to original cost requirements, as specified in TWC §13.185.(C) Post-test year adjustments to historical test year data for known and measurable rate base decreases will be allowed only if:(i) the decrease represents:(I) plant which was appropriately recorded in NARUC account 101 or 102;(II) plant held for future use;(III) CWIP, not including mirror CWIP; or(IV) an attendant impact of another post-test year adjustment.(ii) the decrease represents a plant that has been removed from service, sold, or removed from the utility's books prior to the rate year; and(iii) the attendant impacts on all aspects of a utility's operations, including but not limited to, revenue, expenses and invested capital, can with reasonable certainty be identified, quantified and matched. Attendant impacts are those that reasonably result as a consequence of the post-test year adjustment being proposed.(d) Recovery of positive acquisition adjustments.(1) When a utility acquires plant, property, or equipment for which commission approval is required under §24.239 of this title, relating to Sale, Transfer, Merger, Consolidation, Acquisition, Lease or Rental, a positive acquisition adjustment will be allowed to the extent that the acquiring utility proves that:(A) the property is used and useful in providing retail water or sewer service at the time of the acquisition or as a result of the acquisition;(B) reasonable, prudent, and timely investments will be made, if required, to bring the system into compliance with all applicable rules and regulations;(C) as a result of the transaction:(i) the customers of the system being acquired will receive higher quality or more reliable retail water or sewer service or that the acquisition was necessary so that customers of the acquiring utility's other systems could receive higher quality or more reliable retail water or sewer service;(ii) regionalization of retail public utilities, meaning a pooling of financial, managerial, or technical resources that achieve economies of scale or efficiencies of service, was achieved; or(iii) the acquiring utility will become financially stable and technically sound as a result of the acquisition, or the system being acquired that is not financially stable and technically sound will become a part of a financially stable and technically sound utility;(D) any and all transactions between the buyer and the seller entered into as a part or condition of the acquisition are fully disclosed to the commission and were conducted at arm's length;(E) the actual purchase price is reasonable in consideration of the condition of the plant, property, and equipment being acquired; the impact on customer rates if the acquisition adjustment is granted; the benefits to the customers; and the amount of contributions in aid of construction in the system being acquired; and(F) the rates charged by the acquiring utility to its pre-acquisition customers will not increase unreasonably because of the acquisition.(2) The owner of the acquired retail public utility and the final acquiring utility must not be affiliated. In a multi-stage transaction in which a purchase of voting stock or acquisition of controlling interest transaction under §24.243 of this title, relating to Purchase of Voting Stock or Acquisition of Controlling Interest in a Utility, is followed by a transfer of assets in what is essentially a single sales transaction, a positive acquisition adjustment is allowed only where the multi-stage transaction was fully disclosed to the commission in the application for approval of the initial stock or change of controlling interest transaction.(3) The amount of the acquisition adjustment approved by the regulatory authority must be amortized using a straight-line method over a period equal to the weighted average remaining useful life of the acquired plant, property, and equipment, at an interest rate equal to the rate of return determined under subsection (c) of this section. The acquisition adjustment may be treated as a surcharge and may be recovered using non-system-wide rates.(4) The authorization for and the amount of an acquisition adjustment will be determined only as a part of a rate change application.(5) The acquisition adjustment will be included in rates only as a part of a rate change application.(e) Negative acquisition adjustment. When a utility acquires plant, property, or equipment under §24.239 of this title, relating to Sale, Transfer, Merger, Consolidation, Acquisition, Lease or Rental, and the original cost of the acquired property less depreciation exceeds the actual purchase price, the utility must record the negative acquisition adjustment separately from the original cost of the acquired property. For purposes of ratemaking, the following will apply:(1) If a utility acquires plant, property, or equipment from a nonfunctioning retail public utility through a sale, transfer, or merger, receivership, or the utility is acting as a temporary manager, a negative acquisition adjustment must be recorded and amortized on the utility's books with no effect on the utility's rates.(2) If a utility acquires plant, property, or equipment from a retail public utility through a sale, transfer, or merger and paragraph (1) of this subsection does not apply, the commission may recognize the negative acquisition adjustment in the ratemaking proceeding, by ordering the amortization of the negative acquisition adjustment through a bill credit for a defined period of time or by other means determined appropriate by the commission. Except for good cause found by the commission, the negative acquisition adjustment will not be used to reduce the balance of invested capital.(3) Notwithstanding paragraph (2) of this subsection, the acquiring utility may show cause as to why the commission should not account for the negative acquisition adjustment in the ratemaking proceeding.(f) Subsections (d) and (e) of this section do not apply to plant, property, or equipment acquired through a transaction based on the fair market valuation process set forth in §24.238 of this title, relating to Fair Market Valuation.(g) Intangible assets will not be allowed in rate base unless the requirements in paragraphs (1), (2) and (3) of this subsection are met. If the requirements in paragraphs (1) and (2) of this subsection are met, but the requirement in paragraph (3) of this subsection is not met, the amount will be amortized over a reasonable period and the amortization will be allowed in the cost of service as a non-recurring expense. Unamortized amounts will not be included in rate base. The requirements are as follows:(1) The amount requested has been verified by documentation as to amount and exact nature;(2) Testimony establishes the reasonableness and necessity and benefit of the expense to the customers; and(3) Testimony establishes how the amount is properly considered an actual asset purchased or installed, or a source of supply, such as water rights.", "sourceNote": "Source Note: The provisions of this §24.41 adopted to be effective August 20, 2020, 45 TexReg 5627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192940", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.43", "label": "Rate Design" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196886", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. In fixing the rates of a utility, the commission shall fix its overall revenues at a level which will permit such utility a reasonable opportunity to earn a reasonable return on its invested capital used and useful in rendering service to the public, over and above its reasonable and necessary operating expenses (unless an alternative rate method is used as set forth in §24.75 of this title (relating to Alternative Rate Methods), and preserve the financial integrity of the utility.(b) Conservation.(1) In order to encourage the prudent use of water or promote conservation, water and sewer utilities shall not apply rate structures which offer discounts or encourage increased usage within any customer class.(2) After receiving final authorization from the regulatory authority through a rate change proceeding, a utility may implement a water conservation surcharge using an inclining block rate or other conservation rate structure. A utility may not implement such a rate structure to avoid providing facilities necessary to meet the TCEQ's minimum standards for public drinking water systems. A water conservation rate structure may generate revenues over and above the utility's usual cost of service:(A) to reduce water usage or promote conservation either on a continuing basis or in specified restricted use periods identified in the utility's approved drought contingency plan required by 30 TAC §288.20 (TCEQ rules relating to Drought Contingency Plans for Municipal Uses by Public Water Suppliers) included in its tariff in order to:(i) comply with mandatory reductions directed by a wholesale supplier or underground water district; or(ii) conserve water supplies, maintain acceptable pressure or storage, or other reasons identified in its approved drought contingency plan;(B) to generate additional revenues necessary to provide facilities for maintaining or increasing water supply, treatment, production, or distribution capacity.(3) All additional revenues over and above the utility's usual cost of service collected under paragraph (2) of this subsection:(A) must be accounted for separately and reported to the commission, as requested; and(B) are considered customer contributed capital unless otherwise specified in a commission order.(c) Volume charges. Charges for additional usage above the base rate shall be based on metered usage over and above any volume included in the base rate rounded up or down as appropriate to the nearest 1,000 gallons or 100 cubic feet, or the fractional portion of the usage.", "sourceNote": "Source Note: The provisions of this §24.43 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196886", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.44", "label": "Rate-case Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193100", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Recovery of rate-case expenses. A utility may recover rate-case expenses, including attorney fees, incurred as a result of filing a rate-change application pursuant to TWC §13.187 or TWC §13.1871, only if the expenses are reasonable and necessary.(b) Requirements for claiming recovery of or reimbursement for rate-case expenses. A utility requesting recovery of its rate-case expenses has the burden to prove the reasonableness of such rate-case expenses by a preponderance of the evidence. A utility seeking recovery of rate-case expenses must submit information that sufficiently details and itemizes all rate-case expenses, including, but not limited to, evidence verified by testimony or affidavit, showing:(1) the nature, extent, and difficulty of the work done by the attorney or other professional in the rate case;(2) the time and labor expended by the attorney or other professional;(3) the fees or other consideration paid to the attorney or other professional for the services rendered;(4) the expenses incurred for lodging, meals and beverages, transportation, or other services or materials;(5) the nature and scope of the rate case, including:(A) the size of the utility and number and type of consumers served;(B) the amount of money or value of property or interest at stake;(C) the novelty or complexity of the issues addressed;(D) the amount and complexity of discovery;(E) the occurrence and length of a hearing; and(6) the specific issue or issues in the rate case and the amount of rate-case expenses reasonably associated with each issue.(c) Criteria for review and determination of reasonableness. In determining the reasonableness of the rate-case expenses, the commission must consider the relevant factors listed in subsection (b) of this section and any other factor shown to be relevant to the specific case. The commission must decide whether and the extent to which the evidence shows that:(1) the fees paid, tasks performed, or time spent on a task were extreme or excessive;(2) the expenses incurred for lodging, meals and beverages, transportation, or other services or materials were extreme or excessive;(3) there was duplication of services or testimony;(4) the utility's proposal on an issue in the rate case had no reasonable basis in law, policy, or fact and was not warranted by any reasonable argument for the extension, modification, or reversal of commission precedent;(5) rate-case expenses as a whole were disproportionate, excessive, or unwarranted in relation to the nature and scope of the rate case addressed by the evidence pursuant to subsection (b)(5) of this section; or(6) the utility failed to comply with the requirements for providing sufficient information pursuant to subsection (b) of this section.(d) Unamortized rate-case expenses. Unamortized rate-case expenses may not be a component of invested capital for calculation of rate-of-return purposes.(e) Calculation of allowed or disallowed rate-case expenses.(1) Based on the factors and criteria in subsections (b) and (c) of this section, the commission must allow recovery of rate-case expenses equal to the amount shown in the evidentiary record to have been actually and reasonably incurred by the requesting utility. The commission must disallow recovery of rate-case expenses equal to the amount shown to have been not reasonably incurred under the criteria in subsection (c) of this section. A disallowance may be based on cost estimates in lieu of actual costs if reasonably accurate and supported by the evidence.(2) A disallowance pursuant to subsection (c)(5) of this section may be calculated as a proportion of a utility's requested rate-case expenses using the following ratio or an appropriate methodology:(A) the amount of the increase in revenue requirement requested by the utility that was denied, to(B) the total amount of the increase in revenue requirement requested in a proceeding by the utility.(3) If the evidence presented pursuant to subsection (b)(6) of this section does not enable the commission to determine the appropriate disallowance of rate-case expenses reasonably associated with an issue with certainty and specificity, then the commission may disallow or deny recovery of a proportion of a utility's requested rate-case expenses using the following ratio or an appropriate methodology:(A) the amount of the increase in revenue requirement requested by the utility in the rate case related to the issues not reasonably supported by evidence of certainty and specificity, to(B) the total amount of the increase in revenue requirement requested in a proceeding by the utility.", "sourceNote": "Source Note: The provisions of this §24.44 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective October 31, 2019, 44 TexReg 6363." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193100", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.45", "label": "Rates Charged by a Municipality to Certain Special Districts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A district created pursuant to Texas Constitution, Article XVI, §59, which district is located within the corporate limits or the extraterritorial jurisdiction of a municipality and which receives water or sewer service or whose residents receive water or sewer service from the municipality may by filing a petition with the commission appeal the rates charged by the municipality if the resolution, ordinance, or agreement of the municipality consenting to the creation of the district required the district to purchase water or sewer service from the municipality.(b) The commission shall hear the appeal de novo and the municipality shall have the burden of proof to establish that the rates are just and reasonable.(c) After the commission establishes just and reasonable rates, the municipality may not increase those rates without approval of the commission. A municipality desiring to increase rates must provide the commission with updated information in a format specified in the current rate data package developed by the Rates Section.", "sourceNote": "Source Note: The provisions of this §24.45 adopted to be effective September 1, 2014, 39 TexReg 5903; amended to be effective August 15, 2018, 43 TexReg5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193101", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.46", "label": "Fees Charged by a Municipality to a Public School District" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies only to fees charged by a municipality for water or sewer service to a public school district.(b) A municipally owned utility that provides retail water or sewer utility service to a public school district may not charge the district, in addition to the rates the utility charges for service, a fee based on the number of district students or employees.(c) Notwithstanding the provisions of a resolution, ordinance, or agreement, a public school district charged a fee that violates subsection (b) of this section may appeal the charge by filing a petition with the commission. The commission shall hear the appeal de novo, and the municipality charging the fee has the burden of proof to establish that the fee complies with subsection (b) of this section. The commission shall fix the fees to be charged by the municipality in accordance with this chapter, including subsection (b) of this section.", "sourceNote": "Source Note: The provisions of this §24.46 adopted to be effective August 15, 2018, 43 TexReg5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.47", "label": "Jurisdiction of Commission over Certain Water or Sewer Supply Corporations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211300", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notwithstanding any other law, the commission has the same jurisdiction over a water supply or sewer service corporation that the commission has under this chapter over a water and sewer utility if the commission finds, after notice and opportunity for hearing, that the water supply or sewer service corporation:(1) is failing to conduct annual or special meetings in compliance with TWC, §67.007; or(2) is operating in a manner that does not comply with the requirements for classification as a nonprofit water supply or sewer service corporation prescribed by TWC, §13.002(11) and (24).(b) The commission's jurisdiction provided by this section ends if:(1) the water supply or sewer service corporation voluntarily converts to a special utility district operating under TWC, Chapter 65;(2) the time period specified in the commission order expires; or(3) the water supply or sewer service corporation demonstrates that for the past 24 consecutive months it has conducted annual meetings as required by TWC, §67.007 and has operated in a manner that complies with the requirements for membership and nonprofit organizations as outlined in TWC, §13.002(11) and (24).", "sourceNote": "Source Note: The provisions of this §24.47 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211300", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.49", "label": "Application for a Rate Adjustment by a Class D Utility Under Texas Water Code §13.1872" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221511", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes procedures for a Class D utility to apply for an adjustment to its water or wastewater rates as allowed by Texas Water Code (TWC) §13.1872(c)(1).(b) Definitions. In this section, the term application means an application for a rate adjustment filed under this section and TWC §13.1872(c)(1).(c) Requirements for filing of the application. Subject to the limitations set out in subsection (g) of this section, a Class D utility may file an application with the commission.(1) The utility may request to increase its tariffed monthly fixed customer or meter charges and monthly gallonage charges by no more than five percent.(2) The application must be on the commission's form.(d) Determining whether the application is administratively complete.(1) If commission staff requires additional information in order to process the application, commission staff must file a notification to the utility within 14 days of the filing of the application requesting any necessary information.(2) An application may not be deemed administratively complete as required by §24.8 of this title (relating to Administrative Completeness) until after the utility has responded to commission staff's request under paragraph (1) of this subsection.(e) Staff recommendation. Within 30 days of the filing of the application, commission staff must file a recommendation stating whether the application should be deemed administratively complete as required by §24.8 of this title. If commission staff recommends that the application be deemed administratively complete, commission staff must also file a recommendation on final disposition, including:(1) The utility's rate adjustment information as follows:(A) Certificate of Convenience and Necessity (CCN) number;(B) Affected subdivision(s);(C) Existing and proposed base rate by meter size;(D) Existing and proposed gallonage rate by block;(E) Percentage increase of the rate adjustment;(F) Date by which notice is delivered; and(G) Effective date of the rate increase.(2) An updated tariff sheet reflecting the requested rate change; and(3) The proper notice of approved rates to be provided to the utility's ratepayers as described in subsection (f)(2) of this section.(f) Notice of Approved Rates.(1) A utility must send by mail, or by e-mail if the ratepayer has agreed to receive communications electronically, notice to each ratepayer describing the proposed rate adjustment. The notice must be sent after the utility receives a written order from the commission approving the application, and at least 30 days before the effective date of the approved change.(2) A notice of approved rates must include:(A) A statement that the utility requested an annual rate adjustment and specifying the percent amount requested;(B) The existing rate;(C) The approved rate;(D) A monthly billing comparison; and(E) A statement that the rate adjustment was requested under TWC §13.1872 and that a hearing will not be held for the request.(g) Time between filings. A Class D utility may adjust its rates under this section not more than once each calendar year and not more than four times between rate proceedings filed under TWC §13.1872(c)(2).", "sourceNote": "Source Note: The provisions of this §24.49 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective February 6, 2019, 44 TexReg 475; amended to be effective May 7, 2020, 45 TexReg 2845; amended to be effective December 20, 2022, 47 TexReg 8253." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221511", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "RATES AND TARIFFS" }, "rule": { "number": "§24.50", "label": "Rates for Certain Recreational Vehicle Parks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207118", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Nonsubmetered master metered utility service--Potable water service that is master metered but not submetered and wastewater service that is based on master metered potable water service.(2) Recreational vehicle--Includes a:(A) house trailer as that term is defined by Texas Transportation Code, §501.002; and(B) towable recreational vehicle as that term is defined by Texas Transportation Code, §541.201.(3) Recreational vehicle park--A commercial property that is designed primarily for recreational vehicle transient guest use and for which fees for site service connections for recreational vehicles, as defined by Texas Transportation Code, §522.004(b), are paid daily, weekly, or monthly.(b) A municipally owned utility that provides nonsubmetered master metered utility service to a recreational vehicle park must determine the rates for that service on the same basis the utility uses to determine the rates for other commercial businesses that serve transient customers and receive nonsubmetered master metered utility service from the utility, and must not charge a recreational vehicle park a fee that the utility does not charge other commercial businesses.(c) A retail public utility, other than a municipally owned utility to which subsection (b) of this section applies, that provides water or sewer service to a recreational vehicle park:(1) must ensure that billing for the service is based on actual water usage recorded by the retail public utility; and(2) is prohibited from imposing a surcharge based on the number of recreational vehicle or cabin sites in the recreational vehicle park.", "sourceNote": "Source Note: The provisions of this §24.50 adopted to be effective November 14, 2024, 49 TexReg 8877." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207118", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "ALTERNATIVE RATE METHODS" }, "rule": { "number": "§24.75", "label": "Alternative Ratemaking Methodologies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207119", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and application. This section establishes alternative ratemaking methodologies for utilities that provide water or sewer service. The commission may prescribe modified rate filing packages for these alternative ratemaking methodologies.(b) Multi-step rates. Multi-step rates allow a utility to implement one or more rates over time without filing multiple rate applications. Multi-step rates must be established in accordance with this subsection.(1) Multi-step rates must be established in a comprehensive rate proceeding under Texas Water Code (TWC) §§13.187, 13.1871, 13.18715, or 13.1872.(2) The commission may establish multi-step rates on its own motion or at the request of a utility or any other interested party.(3) Rates established in a comprehensive rate case under TWC §§13.187, 13.1871, 13.18715, or 13.1872 will replace any multi-step rates already in effect or previously approved by the commission to go into effect for that utility.(4) Multi-step rates may be established when a utility transitions from use of flat rates for unmetered service to use of volumetric rates for metered service.(A) Multi-step rates for a utility's transition to metered service must not be effective before the date that meters are installed and in operation for all of the utility's connections.(B) If the utility is seeking multi-step rates to transition to the use of volumetric rates for metered service, the utility must state in its notice of intent to change rates that it is seeking permission to use multi-step rates to transition to metered service with volumetric usage rates.(C) The utility must provide notice to its customers at least 30 days before the utility begins charging its volumetric usage rate for metered service and at least 30 days before implementation of each step of its commission-approved multi-step rate.(5) Multi-step rates may be established when a utility transitions from multiple rate schedules for different systems or service areas to consolidated rate schedules for regional or system-wide rates.(A) Different rates and a different timeline may be established for each step in the multi-step rates of each system or service area that is transitioning to a consolidated rate schedule provided that the final step for each system or service area is the same consolidated rate.(B) If the utility is seeking multi-step rates to transition to consolidated rate schedules, the utility must state in its notice of intent to change rates that it is seeking permission to use multi-step rates to transition from multiple rate schedules for different systems or service areas to consolidated rate schedules for regional or system-wide rates.(C) The utility must provide notice to its customers at least 30 days before implementation of each step of its commission-approved multi-step rate.(6) Multi-step rates may be established to moderate the effects of a rate increase on customers or if other good cause exists.(A) Different rates and a different timeline may be established for each step in the multi-step rates for each of a utility's systems or service areas provided that the final step for each system or service area is the same final rate.(B) If the utility is seeking multi-step rates under this paragraph, the utility must state in its notice of intent to change rates that it is seeking permission to use multi-step rates.(C) The utility must provide notice to its customers at least 30 days before implementation of each step of its commission-approved multi-step rate.(7) The notice requirements in paragraphs (4) - (6) of this subsection do not replace the standard statement of intent notice requirements under TWC §§13.187, 13.1871, 13.18715. or 13.1872.(8) The commission may place conditions on the implementation of a multi-step rate or on any step of a multi-step rate. For the purpose of ensuring just and reasonable rates, the commission may terminate a multi-step rate in a rate proceeding before completion of all steps of the multi-step rate.(c) Cash needs method. The commission may approve use of the cash needs method to establish a utility's revenue requirement in a comprehensive rate proceeding for a Class C or Class D utility under TWC §13.18715 or §13.1872 if use of the method is necessary for the utility to provide continuous and adequate service or other good cause exists to support the use of the cash needs method. Under the cash needs method, the allowable components of cost of service are operating expenses, debt service costs, and an additional margin consisting of either an operating margin or an incremental revenue amount.(1) Operating expenses. Only those operating expenses that are reasonable and necessary to provide service may be recovered, and these amounts must be based on the utility's test year expenses, adjusted for known and measurable changes.(2) Debt-service costs. Debt service costs include principal and interest payments on the utility's debt.(A) The debt must have reasonable terms and must finance facilities that will be used and useful in the provision of utility service.(B) If required by the commission, Texas Water Development Board, other state or federal agency, or financial institution, debt-service costs may include amounts placed in a debt-service reserve account or an escrow account.(C) Debt service costs may include owner-financed assets. Debt-service costs related to these assets must include debt repayments using a reasonable amortization schedule and must use the prime interest rate in effect at the time the application is filed.(3) Additional margin. An additional margin consists of either an operating margin or an incremental revenue amount. A utility requesting an additional margin must provide an explanation for the magnitude of the additional margin it requests.(A) If a utility requesting an additional margin in the form of an operating margin has filed its most recent required annual report and has a net plant (original cost of plant in service less accumulated depreciation) of less than 25 percent of the original cost of plant, an operating margin of up to five percent of operating expenses approved by the commission will be presumed reasonable and may be included in the utility's revenue requirement.(B) An additional margin consisting of an incremental revenue amount is calculated by adding an incremental amount to the debt service costs described in paragraph (c)(2)(A) of this section to achieve a reasonable total debt service coverage level above 1.0.(4) Restrictions. Rates established using the cash needs method under this subsection may not be subsequently set using cost of service calculated under §24.41 of this title (related to Cost of Service) for any comprehensive rate change application filed within five years after the date of the commission's order establishing rates using the cash needs method. If, after this five-year period, the utility has a comprehensive rate change proceeding based on a cost of service calculated under §24.41 of this title, the utility's rate base must exclude an amount equal to the principal paid on the debt service during the time that rates based on the cash needs method were in effect.(5) Subsequent acquisition. If a utility with rates established using the cash needs method is acquired by another utility while such rates are in effect, the acquiring utility is not subject to the restriction in paragraph (4) of this subsection on calculating cost of service. If the acquiring utility files a comprehensive rate change application based on a cost of service calculated under §24.41 of this title, the acquiring utility must exclude from rate base an amount equal to the principal paid on the debt service that was related to the acquired utility during the time that rates based on the cash needs method were in effect.(d) New customer classes. A utility may request the addition of a new customer class or classes as provided by this subsection.(1) Application. An application for new customer classes under this section must include:(A) a cost-of-service and rate design study for each new proposed customer class;(B) a definition for each proposed new customer class;(C) demonstration that the characteristics of each proposed new customer class are sufficiently different from the characteristics of all existing and other proposed new customer classes for different rate treatment;(D) a request for service from a customer in each proposed new customer class; and(E) if the utility wants to extend the 18-month deadline to file a comprehensive rate case under paragraph (3) of this subsection, documentation that the revenues to be recovered from each new customer class will be less than ten percent of the utility's total annual revenue.(2) Rates for new customer classes.(A) The rates for each new customer class must be based on cost-of-service and rate design studies.(B) On the effective date of the rates for each new customer class, common costs assigned to and recovered from the new customer classes must be removed from the rates of existing customer classes.(3) Rate case requirement.(A) A utility that has received commission approval for the creation of a new customer class or classes under this subsection must file a comprehensive rate case by filing a statement of intent under TWC §§13.187, 13.1871, 13.18715, or 13.1872 not later than 18 months from the date service begins to the new customer class or classes unless the utility has submitted documentation under subparagraph (1)(E) of this subsection demonstrating that each new customer class represents less than ten percent of the utility's total annual revenue required.(B) If the utility demonstrates to the commission that each new customer class represents less than ten percent of the utility's total annual revenue by submitting documentation under subparagraph (1)(E) of this subsection, a comprehensive rate case is not required until the earlier of six months following the date on which the revenues of any of the new the customer classes equals or exceeds ten percent of the utility's total annual revenue or five years following the date service to the new customer class or classes begins. The utility must, as an attachment to its annual report filed under §24.129 (relating to Water and Sewer Utilities Annual Reports), annually update its demonstration to show that the revenues of each new customer class remain less than ten percent of the utility's total annual revenue. A utility must continue to update its demonstration annually until the commission adopts a final order in a comprehensive rate case for that utility or the utility is no longer eligible to delay filing a comprehensive rate case under this paragraph.(C) If a utility fails to provide an annual update that shows the annual revenue of each new customer class remains less than ten percent of the utility's total annual revenue, the utility must file a comprehensive rate case within the earlier of six months from the date its annual report was due under §24.129(a) or five years from the date service to the new customer class or classes began.", "sourceNote": "Source Note: The provisions of this §24.75 adopted to be effective December 20, 2021, 46 TexReg 8696." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207119", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "ALTERNATIVE RATE METHODS" }, "rule": { "number": "§24.76", "label": "System Improvement Charge" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227096", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the requirements for a system improvement charge to ensure timely recovery of infrastructure investment.(b) Definitions. In this section, the following words and terms have the following meanings unless the context indicates otherwise.(1) Eligible plant -- Plant properly recorded in the National Association of Regulatory Utility Commissioners System of Accounts, accounts 304 through 339 for water utility service or accounts 354 through 389 for sewer utility service.(2) System improvement charge -- A charge for recovery of the portion of the cost of a utility's eligible plant that is not already included in the utility's rates.(c) System improvement charge.(1) A utility must have only one system improvement charge in effect for water and one system improvement charge in effect for sewer for each of its rate schedules at any time.(2) A utility may apply to establish or amend one or more system improvement charges in accordance with the requirements of this section. A utility must not adjust its rates under this section more than once each calendar year. A utility that is applying to establish or amend multiple system improvement charges in a calendar year must do so in a single application.(3) A utility may not apply to establish or amend a system improvement charge while it has a comprehensive rate proceeding under TWC §§13.187, 13.1871, 13.18715, or 13.1872 pending before the commission.(4) If a utility with a pending application to establish or amend a system improvement charge files an application to change rates under TWC §§13.187, 13.1871, 13.18715, or 13.1872, or the commission initiates a rate change review under TWC §13.186, the utility will be deemed to have withdrawn its application to establish or amend a system improvement charge and the presiding officer must dismiss the application.(5) The filing of applications as allowed by this section is limited to a specific quarter of the calendar year, and is based on the last two digits of a utility's certificate of convenience and necessity (CCN) number as outlined below, unless good cause is shown for filing in a different quarter. For a utility holding multiple CCNs, the utility may file an application in any quarter for which any of its CCN numbers is eligible.(A) Quarter 1 (January-March): CCNs ending in 00 through 27;(B) Quarter 2 (April-June): CCNs ending in 28 through 54;(C) Quarter 3 (July-September): CCNs ending in 55 through 81; and(D) Quarter 4 (October-December): CCNs ending in 82 through 99.(d) Application for a system improvement charge. An application to establish or amend a system improvement charge must include the following:(1) a description of the eligible plant for which cost recovery is sought through the system improvement charge, including the project or projects included in the request and an explanation of how each project has improved or will improve service;(2) a calculation of the system improvement charge in accordance with subsection (f) of this section and all supporting calculations and assumptions for each component of the system improvement charge;(3) information that sufficiently supports the eligible cost, such as invoices, receipts, and direct testimony, and that sufficiently addresses the exclusion of costs for plant provided by explicit customer agreements or funded by customer contributions in aid of construction;(4) a copy of the utility's most recent annual report filed with the commission, which must be the annual report most recently due for filing; and(5) an affidavit confirming that the application meets the requirements of this section.(e) Calculation of the system improvement charge. The revenue requirement for the system improvement charge must be calculated using the following formula: SIC RR = (Reconcilable Cost * ROR) + Federal Income Taxes + Depreciation + ad valorem taxes + other revenue related taxes.(1) SIC = the system improvement charge.(2) SIC RR = system improvement charge revenue requirement. (3) Reconcilable Cost = the original costs of eligible plant installed after the later of the ending date of the 2019 reporting period reflected in the utility's annual report filed under §24.19 (relating to Water and Sewer Utilities Annual Report) or the end of the test year used in the utility's most recent base-rate proceeding, less:(A) accumulated depreciation; and(B) any costs for plant provided by explicit customer agreements or funded by customer contributions in aid of construction.(4) Accumulated depreciation = depreciation accumulated for eligible plant after the date the eligible plant was placed in service.(5) ROR = after-tax overall rate of return as defined in paragraph (10) of this subsection.(6) Federal Income Taxes = current annual federal income tax, as related to eligible costs.(7) Depreciation = current annual depreciation expense for the eligible plant.(8) Ad Valorem Taxes = current annual amount of taxes based on the assessed value of the eligible cost.(9) Other Revenue Related Taxes = current annual amount of any additional taxes resulting from the utility's increased revenues related to the SIC.(10) The after-tax overall rate of return is one of the following:(A) if the final order approving the utility's overall rate of return (i.e., the company's weighted-average cost of capital) was filed less than three years before the date that the utility files an application for a SIC, the after-tax rate overall of return is the one approved by the commission in the utility's last base-rate case; or(B) if the final order approving the utility's overall rate of return (i.e., the company's weighted-average cost of capital) was filed three years or more before the date that the utility files an application for a SIC, the after-tax overall rate of return is the average of the commission's approved rates of return for water and sewer utilities in settled and fully litigated cases over the three years immediately preceding the filing of the SIC.(11) The SIC must be calculated based on annualized meter equivalents, derived using the most recent month's total customer meter equivalents multiplied by 12. The base SIC must be calculated as the SIC RR divided by annual meter equivalents. The SIC for each meter size must be calculated as the base SIC multiplied by the multiplier for that meter size.Attached Graphic(f) Notice. By the first business day after it files its application, the utility must send notice of its SIC application to all affected ratepayers by first class mail, e-mail (if the customer has agreed to receive communications electronically), bill insert, or hand delivery. The utility must include in the notice the docket number for the utility's SIC proceeding, the intervention deadline, and a brief explanation of how an affected ratepayer can intervene in the SIC proceeding and how intervention differs from protesting a rate increase. The intervention deadline is 25 days from the date service of notice is complete.(g) Commission processing of application. Upon the filing of an application to establish a SIC, the presiding officer must set a procedural schedule that will enable the commission to issue a final order within 120 days after the application is determined to be sufficient if no hearing is requested.(1) For good cause or by agreement of the parties, the presiding officer may set a schedule that will not enable issuance of a final order within 120 days after the application is determined to be sufficient. The deadlines established by the presiding officer will be extended as provided in this subsection.(2) After an application is determined to be sufficient, the applicant must respond to requests for information within 10 days. An applicant's failure to timely respond to requests for information constitutes good cause for extending the deadline for final action one day for each day that a response exceeds 10 days.(3) A request by an intervenor for hearing must be filed within 25 days after the application is determined to be sufficient. A request for hearing must state with specificity the issues to be addressed.(4) Unless an intervenor requests a hearing, commission staff must submit a recommendation on the application or request a hearing not later than 45 days after the application is determined to be sufficient unless commission staff requests additional time, not to exceed another 15 days unless good cause exists for a later date. If commission staff is granted additional time, the deadline for final action is extended day for day for each day of additional time.(5) If a hearing on the application is requested, the application will be referred to the State Office of Administrative Hearings (SOAH) for an evidentiary hearing. The presiding officer must set a procedural schedule that will enable the commission to issue a final order within 120 days after the application is referred to SOAH. For good cause, the presiding officer may set a procedural schedule that will not enable the commission to issue a final order within 120 days after the application is determined to be sufficient.(h) Scope of proceeding. The issue of whether eligible costs included in an application for a SIC or an amendment to a SIC are prudent, reasonable, or necessary, will not be addressed in a proceeding under this section unless the presiding officer finds that good cause exists to address these issues.(i) System improvement charge reconciliation. Costs recovered through a SIC are subject to reconciliation in the utility's next comprehensive rate case. Any amounts recovered through the SIC that are found to have been unreasonable, unnecessary, or imprudent, plus the corresponding return and taxes, must be refunded with carrying costs. The utility must pay to its customers carrying costs on these amounts calculated using the same rate of return that was applied to the recovered costs in establishing the SIC until the date the rates approved in the utility's next comprehensive rate case are effective. Thereafter, carrying costs must be calculated using the utility's rate of return authorized in the comprehensive rate case.(j) Rate case expenses. Recovery of rate case expenses may be requested and must be reviewed in the utility's next comprehensive base rate case and in accordance with §24.44 of this chapter (relating to Rate-case Expenses Pursuant to Texas Water Code §13.187 and §13.1871).(k) Requirement to file a rate case. A utility must file a comprehensive rate case under TWC §§13.187, 13.1871, 13.18715, or 13.1872 within the following times from the date the commission files an order approving the SIC.(1) Four years for a utility that was a Class A utility at the time of the order.(2) Six years for a utility that was a Class B utility at the time of the order.(3) Eight years for a utility that was a Class C or Class D utility at the time of the order.", "sourceNote": "Source Note: The provisions of this §24.76 adopted to be effective December 20, 2021, 46 TexReg 8696." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227096", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RATE-MAKING APPEALS" }, "rule": { "number": "§24.101", "label": "Appeal of Rate-making Decision, Pursuant to the Texas Water Code §13.043." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any party to a rate proceeding before the governing body of a municipality may appeal the decision of the governing body to the commission. This subsection does not apply to a municipally owned utility, but does include privately owned utilities operating within the corporate limits of a municipality. An appeal under this subsection may be initiated by filing with the commission a petition signed by a responsible official of the party to the rate proceeding or its authorized representative and by serving a copy of the petition on all parties to the original proceeding. The petition should be filed in accordance with Chapter 22 of this title (relating to Procedural Rules). The appeal must be initiated within 90 days after the date of notice of the final decision of the governing body, or within 30 days if the appeal relates to the rates of a Class A utility, by filing a petition for review with the commission and by serving a copy of the petition on all parties to the original rate proceeding.(b) An appeal under Texas Water Code (TWC) §13.043(b) must be initiated within 90 days after the effective date of the rate change or, if appealing under TWC §13.043(b)(2) or (5), within 90 days after the date on which the governing body of the municipality or affected county makes a final decision. An appeal is initiated by filing a petition for review with the commission and by sending a copy of the petition to the entity providing service and with the governing body whose decision is being appealed if it is not the entity providing service. The petition must be signed by the lesser of 10,000 or 10% of the ratepayers whose rates have been changed and who are eligible to appeal under subsection (c) of this section.(c) Retail ratepayers of the following entities may appeal the decision of the governing body of the entity affecting their water utility, sewer utility, or drainage rates to the commission: (1) a nonprofit water supply or sewer service corporation created and operating under TWC, Chapter 67;(2) a utility under the jurisdiction of a municipality inside the corporate limits of the municipality;(3) a municipally owned utility, if the ratepayers reside outside the corporate limits of the municipality, including a decision of a governing body that results in an increase in rates when the municipally owned utility takes over the provision of service to ratepayers previously served by another retail public utility;(A) A municipally owned utility must:(i) disclose to any person, on request, the number of ratepayer(s) who reside outside the corporate limits of the municipality; and (ii) subject to subparagraph (B) of this paragraph, provide to any person, on request, a list of the names and addresses of the ratepayers who reside outside the corporate limits of the municipality. (B) If a ratepayer has requested that a municipally owned utility keep the ratepayer's personal information confidential under Tex. Util. Code §182.052, the municipally owned utility may not disclose the address of the ratepayer under subparagraph (A)(ii) of this paragraph to any person. A municipally owned utility must inform ratepayers of their right to request that their personal information be kept confidential under Tex. Util. Code §182.052 in any notice provided under the requirement of TWC§13.043(i). (C) In complying with this subsection, the municipally owned utility:(i) may not charge a fee for disclosing the information under subparagraph (A)(i) of this paragraph;(ii) will provide information requested under subparagraph (A)(i) of this paragraph by telephone or in writing as preferred by the person making the request; and(iii) may charge a reasonable fee for providing information under subparagraph (A)(ii) of this paragraph.(D) Paragraph (3) of this subsection does not apply to a municipally owned utility that takes over the provision of service to ratepayers previously served by another retail public utility if the municipally owned utility:(i) takes over the service at the request of the ratepayer; (ii) takes over the service in the manner provided by TWC Chapter 13, Subchapter H; or (iii) is required to take over the service by state law, an order of the Texas Commission on Environmental Quality, or an order of the commission.(4) a district or authority created under Article III, §52, or Article XVI, §59 of the Texas Constitution, that provides water or sewer service to household users; (5) a utility owned by an affected county, if the ratepayers' rates are actually or may be adversely affected. For the purposes of this subchapter, ratepayers who reside outside the boundaries of the district or authority will be considered a separate class from ratepayers who reside inside those boundaries; and (6) in an appeal under this subsection, the retail public utility must provide written notice of hearing to all affected customers in a form prescribed by the commission.(d) In an appeal under TWC §13.043(b), each person receiving a separate bill is considered a ratepayer, but one person may not be considered more than one ratepayer regardless of the number of bills the person receives. The petition for review is considered properly signed if signed by a person, or the spouse of the person, in whose name utility service is carried. (e) The commission will hear an appeal under this section de novo and fix in its final order the rates the governing body should have fixed in the action from which the appeal was taken. The commission may:(1) in an appeal under TWC §13.043(a), include reasonable expenses incurred in the appeal proceedings;(2) in an appeal under TWC §13.043(b), include reasonable expenses incurred by the retail public utility in the appeal proceedings;(3) establish the effective date;(4) order refunds or allow surcharges to recover lost revenues;(5) consider only the information that was available to the governing body at the time the governing body made its decision and evidence of reasonable expenses incurred in the appeal proceedings; or (6) establish interim rates to be in effect until a final decision is made.(f) A retail public utility that receives water or sewer service from another retail public utility or political subdivision of the state, including an affected county, may appeal to the commission, a decision of the provider of water or sewer service affecting the amount paid for water or sewer service. An appeal under this subsection must be initiated within 90 days after notice of the decision is received from the provider of the service by filing a petition by the retail public utility. This subsection does not apply to a decision of a municipality regarding wholesale water or sewer service provided to another municipality.(g) An applicant requesting service from an affected county or a water supply or sewer service corporation may appeal to the commission a decision of the county or water supply or sewer service corporation affecting the amount to be paid to obtain service other than the regular membership or tap fees. An appeal under TWC §13.043(g) must be initiated within 90 days after written notice of the amount to be paid to obtain service is provided to the service applicant or member of the decision of an affected county or water supply or sewer service corporation affecting the amount to be paid to obtain service as requested in the applicant's initial request for that service.(1) If the commission finds the amount charged to be clearly unreasonable, it will establish the fee to be paid and will establish conditions for the applicant to pay any amount(s) due to the affected county or water supply or sewer service corporation. Unless otherwise ordered, any portion of the charges paid by the applicant that exceed the amount(s) determined in the commission's order must be refunded to the applicant within 30 days of the date the commission issues the order, at an interest rate determined by the commission.(2) In an appeal brought under this subsection, the commission will affirm the decision of the water supply or sewer service corporation if the amount paid by the applicant or demanded by the water supply or sewer service corporation is consistent with the tariff of the water supply or sewer service corporation and is reasonably related to the cost of installing on-site and off-site facilities to provide service to that applicant, in addition to the factors specified under subsection (i) of this section.(3) A determination made by the commission on an appeal from an applicant for service from a water supply or sewer service corporation under this subsection is binding on all similarly situated applicants for service, and the commission may not consider other appeals on the same issue until the applicable provisions of the tariff of the water supply or sewer service corporation are amended.(h) The commission may, on a motion by the commission staff or by the appellant under subsection (a), (b), or (f) of this section, establish interim rates to be in effect until a final decision is made.(i) In an appeal under this section, the commission will ensure that every appealed rate is just and reasonable. Rates must not be unreasonably preferential, prejudicial, or discriminatory but must be sufficient, equitable, and consistent in application to each class of customers. The commission will use a methodology that preserves the financial integrity of the retail public utility. To the extent of a conflict between this subsection and TWC §49.2122, TWC §49.2122 prevails.(j) A customer of a water supply corporation may appeal to the commission a water conservation penalty. The customer must initiate an appeal under TWC §67.011(b) within 90 days after the customer receives written notice of the water conservation penalty amount from the water supply corporation per its tariff. The commission will approve the water supply corporation's water conservation penalty if:(1) the penalty is clearly stated in the tariff;(2) the penalty is reasonable and does not exceed six times the minimum monthly bill in the water supply corporation's current tariff; and(3) the water supply corporation has deposited the penalty in a separate account dedicated to enhancing water supply for the benefit of all of the water supply corporation's customers.", "sourceNote": "Source Note: The provisions of this §24.101 adopted\r\nto be effective October 17, 2018, 43 TexReg 6826; amended to be effective\r\nOctober 4, 2023, 48 TexReg 5653; amended to be effective January 1,\r\n2026, 50 TexReg 8561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192945", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RATE-MAKING APPEALS" }, "rule": { "number": "§24.103", "label": "Contents of Petition Seeking Review of Rates Pursuant to the Texas Water Code, §13.043(b)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192946", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Petitions for review of rate actions filed pursuant to the TWC, §13.043(b), shall contain the original petition for review with the required signatures. Each signature page of a petition should contain in legible form the following information for each signatory ratepayer:(1) a clear and concise statement that the petition is an appeal of a specific rate action of the water or sewer service supplier in question as well as a concise description and date of that rate action;(2) the name, telephone number, and street or rural route address (post office box numbers are not sufficient) of each signatory ratepayer. The petition shall list the address of the location where service is received if it differs from the residential address of the signatory ratepayer;(3) the effective date of the decision being appealed;(4) the basis of the request for review of rates; and(5) any other information the commission may require.(b) A petition must be received from a total of 10,000 or 10% of the ratepayers whose rates have been changed and who are eligible to appeal, whichever is less.(c) A filing fee is not required for appeals or complaints filed under the TWC, §13.043(b).", "sourceNote": "Source Note: The provisions of this §24.103 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192946", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RATE-MAKING APPEALS" }, "rule": { "number": "§24.105", "label": "Refunds During Pendency of Appeal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192948", "queryAsDate": "03/11/2026" }, "ruleBody": "A utility which is appealing the action of the governing body of a municipality under the TWC, §13.043, shall not be required to make refunds of any over-collections during the pendency of the appeal.", "sourceNote": "Source Note: The provisions of this §24.105 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192948", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RATE-MAKING APPEALS" }, "rule": { "number": "§24.107", "label": "Seeking Review of Rates for Sales of Water Under the Texas Water Code §12.013" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Ratepayers seeking commission action under TWC §12.013 should include in a written petition to the commission, the following information:(1) the petitioner's name;(2) the name of the water supplier from which water supply service is received or sought;(3) the specific section of the code under which petitioner seeks relief, with an explanation of why petitioner is entitled to receive or use the water;(4) that the petitioner is willing and able to pay a just and reasonable price for the water;(5) that the party owning or controlling the water supply has water not contracted to others and available for the petitioner's use; and(6) that the party owning or controlling the water supply fails or refuses to supply the available water to the petitioner, or that the price or rental demanded for the available water is not just and reasonable or is discriminatory.(b) Water suppliers seeking commission action under TWC §12.013 should include in a written petition for relief to the commission, the following information:(1) petitioner's name;(2) the name of the ratepayers to whom water supply service is rendered;(3) the specific section of the code under which petitioner seeks relief, with an explanation of why petitioner is entitled to the relief requested;(4) that the petitioner is willing and able to supply water at a just and reasonable price; and(5) that the price demanded by petitioner for the water is just and reasonable and is not discriminatory.", "sourceNote": "Source Note: The provisions of this §24.107 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192949", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "RECORDS AND REPORTS" }, "rule": { "number": "§24.125", "label": "General Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199505", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Who shall file. The recordkeeping, reporting, and filing requirements listed in this section shall apply only to water and sewer utilities, unless otherwise noted in this subchapter.(b) Report attestation. All reports submitted to the commission shall be attested to by an officer or manager of the utility under whose direction the report is prepared, or if under trust or receivership, by the receiver or a duly authorized person, or if not incorporated, by the proprietor, manager, superintendent, or other official in responsible charge of the utility's operation.(c) Due dates of reports. All reports must be received by the commission on or before the dates specified.(d) Information omitted from reports. The commission may waive the reporting of any information required in this subchapter if it determines that it is either impractical or unduly burdensome on any utility to furnish the requested information. If any such information is omitted by permission of the commission, a written explanation of the omission must be stated in the report.(e) Special and additional reports. Each utility shall report on forms prescribed by the commission special and additional information as requested which relates to the operation of the business of the utility.(f) Report amendments. Corrections of reports resulting from new information or errors shall be filed on a form prescribed by the commission.(g) Penalty for refusal to file on time. In addition to penalties prescribed by law, the commission may disallow for rate making purposes the costs related to the activities for which information was requested and not timely filed.", "sourceNote": "Source Note: The provisions of this §24.125 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199505", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "RECORDS AND REPORTS" }, "rule": { "number": "§24.127", "label": "Financial Records and Reports--Uniform System of Accounts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199504", "queryAsDate": "03/11/2026" }, "ruleBody": "Each public utility, except a utility operated by an affected county, must keep uniform accounts as prescribed by the commission of all business transacted. The classification of utilities, index of accounts, definitions, and general instructions pertaining to each uniform system of accounts, as amended from time to time, must be adhered to at all times, unless provided otherwise by these sections or by rules of a federal regulatory body having jurisdiction over the utility, or unless specifically permitted by the commission.(1) System of accounts. For the purpose of accounting and reporting to the commission, each public utility must maintain its books and records in accordance with the commission's approved system of accounts, or if the commission has not approved a system of accounts, the following prescribed uniform system of accounts:(A) Class A Utility, as defined by §24.3(5) of this title (relating to Definitions of Terms); the uniform system of accounts as adopted and amended by the National Association of Regulatory Utility Commissioners (NARUC) for a utility classified as a NARUC Class A utility.(B) Class B Utility, as defined by §24.3(6) of this title; the uniform system of accounts as adopted and amended by NARUC for a utility classified as a NARUC Class B utility.(C) Class C Utility, as defined by §24.3(7) of this title; the uniform system of accounts as adopted and amended by for a utility classified as a NARUC Class C utility.(D) Class D Utility, as defined by §24.3(8) of this title; the uniform system of accounts as adopted and amended by a utility classified as a NARUC Class C utility.(2) Accounting period. Each utility must keep its books on a monthly basis so that for each month all transactions applicable thereto are entered in the books of the utility.", "sourceNote": "Source Note: The provisions of this §24.127 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199504", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "RECORDS AND REPORTS" }, "rule": { "number": "§24.129", "label": "Water and Sewer Utilities Annual Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192951", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each utility, except a utility operated by an affected county, must file a service, financial, and normalized earnings report by June 1 of each year.(b) Contents of report. The annual report must disclose the information required on the forms approved by the commission and may include any additional information required by the commission.(c) A Class D utility's normalized earnings must be equal to its actual earnings during the reporting period for the purposes of compliance with Texas Water Code §13.136.(d) For reporting year 2019 due on June 1, 2020, each utility, except a utility operated by an affected county, must file the report that corresponds to the Class A, B, or C classification that applied to the utility on August 31, 2019.", "sourceNote": "Source Note: The provisions of this §24.129 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192951", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "RECORDS AND REPORTS" }, "rule": { "number": "§24.131", "label": "Maintenance and Location of Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192952", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise permitted by the commission, all records required by these sections or necessary for the administration thereof shall be kept within the State of Texas at a central location or at the main business office located in the immediate area served. These records shall be available for examination by the commission or its authorized representative between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except holidays. The commission may consider alternate hours of inspection if the utility provides a written request 72 hours in advance of any scheduled inspection.", "sourceNote": "Source Note: The provisions of this §24.131 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192952", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "RECORDS AND REPORTS" }, "rule": { "number": "§24.133", "label": "Management Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199722", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission may inquire into the management and affairs of all utilities and the affiliated interests of those utilities in order to keep itself informed as to the manner and method in which they are conducted and may obtain all information to enable it to perform management audits. The utility and, if applicable, the affiliated interest shall report to the commission on the status of the implementation of the recommendations of the audit and shall file subsequent reports at the times the commission considers appropriate.", "sourceNote": "Source Note: The provisions of this §24.133 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199722", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "RECORDS AND REPORTS" }, "rule": { "number": "§24.134", "label": "Financial, Managerial, and Technical Reports Required for Water and Sewer Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192953", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to Class B, C, and D utilities.(b) Notification of violation. The Texas Commission on Environmental Quality (TCEQ) will notify the commission when a utility has violated a TCEQ final order by failing to:(1) provide system capacity greater than the state and federal required raw water or groundwater production rate or the anticipated daily demand of the system;(2) provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; or(3) maintain accurate or properly calibrated testing equipment or other means of monitoring the effectiveness of a chemical treatment or pathogen inactivation or removal process.(c) Notification to utility. Upon receiving notification from TCEQ under subsection (b) of this section, the commission will provide written notice to the utility of the requirement to file the report required under subsection (d) of this section.(d) Report required. Except as provided by subsection (e) of this section, a utility must file a report with the commission about the utility's financial, managerial, and technical ability to provide continuous and adequate service not later than three years after the date that the utility violated a final order of the TCEQ by failing to meet the requirements described in subsection (b)(1) - (3) of this section.(1) The report must include the following information:(A) a detailed description of the managerial and technical experience and qualifications of the utility in providing continuous and adequate service, including improvements to the experience and qualifications of its personnel since the date of the violation; and(B) financial assurance information required under §24.11 of this title (relating to Financial Assurance) demonstrating that the utility has the financial resources to operate and manage the utility and to provide continuous and adequate service.(2) For violations that occurred after September 1, 2019, the report must be filed not later than the third anniversary of the date of the violation, as reported by TCEQ, under subsection (b) of this section. For violations that occurred between September 1, 2016, and August 31, 2019, the report must be filed not later than the fifth anniversary of the date of the violation reported by TCEQ under subsection (b) of this section.(3) The report must be filed with the commission's central records under the commission-designated project number.(4) The commission will deliver a copy of a report received under this subsection to:(A) each state senator representing a legislative district that contains a portion of the service area of the utility that filed the report; and(B) each state representative representing a legislative district that contains a portion of the service area of the utility that filed the report.(e) No additional report required. A utility that has an existing obligation to file a report required by this section is not required to file a second report as a result of the occurrence of an additional violation for which notice to the commission was provided under subsection (b) of this section if the additional violation occurs before the date that the utility files the report required by subsection (d) of this section.(f) Failure to report. If a utility fails to file a report in accordance with this section, the commission will report such failure to:(1) the TCEQ;(2) each state senator representing a legislative district that contains a portion of the utility 's service area; and(3) each state representative representing a legislative district that contains a portion of the utility's service area.", "sourceNote": "Source Note: The provisions of this §24.134 adopted to be effective June 18, 2020, 45 TexReg 4001." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192953", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "RECORDS AND REPORTS" }, "rule": { "number": "§24.135", "label": "Regulatory Assessment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192955", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purpose of this section, utility service provider means a public utility, water supply or sewer service corporation as defined in the TWC, §13.002, or a district as defined in the TWC, §49.001.(b) Except as otherwise provided, a utility service provider which provides potable water or sewer utility service shall collect a regulatory assessment from each retail customer, as required by TWC, §5.701(n), and remit such fee to the TCEQ.(c) A utility service provider is prohibited from collecting a regulatory assessment from the state or a state agency or institution.(d) The utility service provider may include the assessment as a separate line item on a customer's bill or include it in the retail charge.(e) The utility service provider shall be responsible for keeping proper records of the annual charges and assessment collections for retail water and sewer service and provide such records to the commission upon request.", "sourceNote": "Source Note: The provisions of this §24.135 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192955", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.151", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192956", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise noted, this subchapter is applicable only to \"water and sewer utilities\" as defined under Subchapter A of this chapter (relating to General Provisions) and includes affected counties.", "sourceNote": "Source Note: The provisions of this §24.151 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192956", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.153", "label": "Customer Relations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192957", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Information to customers.(1) Upon receipt of a request for service or service transfer, the utility shall fully inform the service applicant or customer of the cost of initiating or transferring service. The utility shall clearly inform the service applicant which service initiation costs will be borne by the utility and which costs are to be paid by the service applicant. The utility shall inform the service applicant if any cost information is estimated. Also see §24.161 of this title (relating to Response to Requests for Service by a Retail Public Utility Within Its Certificated Area).(2) The utility shall notify each service applicant or customer who is required to have a customer service inspection performed. This notification must be in writing and include the applicant's or customer's right to get a second customer service inspection performed by a qualified inspector at their expense and their right to use the least expensive backflow prevention assembly acceptable under 30 TAC §290.44(h) (relating to Water Distribution) if such is required. The utility shall ensure that the customer or service applicant receives a copy of the completed and signed customer service inspection form and information related to thermal expansion problems that may be created if a backflow prevention assembly or device is installed.(3) Upon request, the utility shall provide the customer or service applicant with a free copy of the applicable rate schedule from its approved tariff. A complete copy of the utility's approved tariff must be available at its local office for review by a customer or service applicant upon request.(4) Each utility shall maintain a current set of maps showing the physical locations of its facilities. All facilities (production, transmission, distribution or collection lines, treatment plants, etc.) must be labeled to indicate the size, design capacity, and any pertinent information that will accurately describe the utility's facilities. These maps, and such other maps as may be required by the commission, shall be kept by the utility in a central location and must be available for commission inspection during normal working hours.(5) Each utility shall maintain a current copy of the commission's substantive rules of this chapter at each office location and make them available for customer inspection during normal working hours.(6) Each water utility shall maintain a current copy of 30 TAC Chapter 290, Subchapter D (relating to Rules and Regulations for Public Water Systems), at each office location and make them available for customer inspection during normal working hours.(b) Customer complaints. Customer complaints are also addressed in §24.155 of this title (relating to Resolution of Disputes).(1) Upon receipt of a complaint from a customer or service applicant, either in person, by letter or by telephone, the utility shall promptly conduct an investigation and report its finding(s) to the complainant.(2) In the event the complainant is dissatisfied with the utility's report, the utility shall advise the complainant of recourse through the Public Utility Commission of Texas complaint process. The commission encourages all complaints to be made in writing to assist the commission in maintaining records on the quality of service of each utility.(3) Each utility shall make an initial response to the commission within 15 days of receipt of a complaint from the commission on behalf of a customer or service applicant. The commission may require a utility to provide a written response to the complainant, to the commission, or both. Pending resolution of a complaint, the commission may require continuation or restoration of service.(4) The utility shall keep a record of all complaints for a period of two years following the final settlement of each complaint. The record of complaint must include the name and address of the complainant, the date the complaint was received by the utility, a description of the nature of the complaint, and the adjustment or disposition of the complaint.(c) Telephone number. For each of the systems it operates, the utility shall maintain and note on the customer's monthly bill either a local or toll free telephone number (or numbers) to which a customer can direct questions about their utility service.(d) Local office.(1) Unless otherwise authorized by the commission in response to a written request, each utility shall have an office in the county or immediate area (within 20 miles) of a portion of its utility service area in which it keeps all books, records, tariffs, and memoranda required by the commission.(2) Unless otherwise authorized by the commission in response to a written request, each utility shall make available and notify customers of a business location where applications for service can be submitted and payments can be made to prevent disconnection of service or to restore service after disconnection for nonpayment, nonuse, or other reasons specified in §24.167 of this title (relating to Discontinuance of Service). The business location must be located:(A) in each county where utility service is provided; or(B) not more than 20 miles from any residential customer if there is no location to receive payments in that county.(3) Upon request by the utility, the requirement for a local office may be waived by the commission if the utility can demonstrate that these requirements would cause a rate increase or otherwise harm or inconvenience customers. Unless otherwise authorized by the commission in response to a written request, such utility shall make available and notify customers of a location within 20 miles of each of its utility service facilities where applications for service can be submitted and payments can be made to prevent disconnection of service or restore service after disconnection for nonpayment, nonuse, or other reasons specified in §24.167 of this title.", "sourceNote": "Source Note: The provisions of this §24.153 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192957", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.155", "label": "Resolution of Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192958", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any customer or service applicant requesting the opportunity to dispute any action or determination of a utility under the utility's customer service rules shall be given an opportunity for a review by the utility. If the utility is unable to provide a review immediately following the customer's request, arrangements for the review shall be made for the earliest possible date. Service shall not be disconnected pending completion of the review. The commission may require continuation or restoration of service pending resolution of a complaint. If the customer will not allow an inspection or chooses not to participate in such review or not to make arrangements for such review to take place within five working days after requesting it, the utility may disconnect service for the reasons listed in §24.167 of this title (relating to Discontinuance of Service), provided notice has been given in accordance with that section.(b) In regards to a customer complaint arising out of a charge made by a public utility, if the commission finds that the utility has failed to make the proper adjustment to the customer's bill after the conclusion of the complaint process established by the commission, the commission may issue an order requiring the utility to make the adjustment. Failure to comply with the order within 30 working days of receiving the order is a violation for which the commission may impose an administrative penalty under TWC, §13.4151.", "sourceNote": "Source Note: The provisions of this §24.155 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192958", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.157", "label": "Refusal of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192959", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Grounds for refusal to serve. A utility may decline to serve a service applicant for the following reasons:(1) the service applicant is not in compliance with state or municipal regulations applicable to the type of service requested;(2) the service applicant is not in compliance with the rules and regulations of the utility governing the type of service requested which are in its approved tariff on file with the commission;(3) the service applicant is indebted to any utility for the same type of service as that requested. However, in the event the indebtedness of the service applicant is in dispute, the service applicant shall be served upon complying with the deposit requirements in §24.159 of this title (relating to the Service Applicant and Customer Deposit) and upon a demonstration that the service applicant has complied with all of the provisions of §24.165(l) of this title (relating to Billing);(4) the service applicant's primary point of use is outside the certificated area;(5) standby fees authorized under §24.165(p) of this title have not been paid for the specific property or lot on which service is being requested; or(6) the utility is prohibited from providing service under Vernon's Texas Civil Statutes, Local Government Code, §212.012 or §232.029.(b) Service Applicant's recourse. In the event the utility refuses to serve a service applicant under the provisions of these sections, the utility shall inform the service applicant in writing of the basis of its refusal and that the service applicant may file a complaint with the commission thereon.(c) Insufficient grounds for refusal to serve. The following shall not constitute sufficient cause for refusal of service to a present customer or service applicant:(1) delinquency in payment for service by a previous occupant of the premises to be served;(2) violation of the utility's rules pertaining to operation of nonstandard equipment or unauthorized attachments which interferes with the service of others, unless the customer has first been notified and been afforded reasonable opportunity to comply with said rules;(3) failure to pay a bill of another customer as guarantor thereof, unless the guarantee was made in writing to the utility as a condition precedent to service;(4) failure to pay the bill of another customer at the same address except where a change of customer identity is made to avoid or evade payment of a utility bill;(5) failure to pay for the restoration of a tap removed by the utility at its option or removed as the result of tampering or delinquency in payment by a previous customer;(6) the service applicant or customer chooses to use a type of backflow prevention assembly approved under 30 TAC §290.44(h) (relating to Water Distribution) even if the assembly is not the one preferred by the utility; or(7) failure to comply with regulations or rules for anything other than the type of utility service specifically requested including failure to comply with septic tank regulations or sewer hook-up requirements.", "sourceNote": "Source Note: The provisions of this §24.157 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192959", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.159", "label": "Service Applicant and Customer Deposit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192960", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Deposit on Tariff. Deposits may only be charged if listed on the utility's approved tariff.(1) Residential service applicants. If a residential service applicant does not establish credit to the satisfaction of the utility, the residential service applicant may be required to pay a deposit that does not exceed $50 for water service and $50 for sewer service.(2) Commercial and Nonresidential service applicants. If a commercial or nonresidential service applicant does not establish credit to the satisfaction of the utility, the service applicant may be required to make a deposit. The required deposit shall not exceed an amount equivalent to one-sixth of the estimated annual billings.(3) Commercial and Nonresidential Customers. If actual monthly billings of a commercial or nonresidential customer are more than twice the amount of the estimated billings at the time service was established, a new deposit amount may be calculated and an additional deposit may be required to be made within 15 days after the issuance of written notice.(b) Customers not disconnected. Current customers who have not been disconnected for nonpayment or other similar reasons in §24.167 of this title (relating to Discontinuance of Service) shall not be required to pay a deposit.(c) Applicants 65 years of age or older. No deposit may be required of a residential service applicant who is 65 years of age or older if the applicant does not have a delinquent account balance with the utility or another water or sewer utility.(d) Interest on deposits. Each utility shall pay a minimum interest on all customer deposits at an annual rate at least equal to a rate set each calendar year by the Public Utility Commission of Texas in accordance with the provisions of Texas Civil Statutes, Article 1440a. Payment of the interest to the customer shall be made annually if requested by the customer, or at the time the deposit is returned or credited to the customer's account. Inquiries about the appropriate interest rate to be paid each year a deposit is held may be directed to the commission(e) Landlords/tenants. In cases of landlord/tenant relationships, the utility may require both parties to sign an agreement specifying which party is responsible for bills and deposits. This agreement may be included as a provision of the utility's approved service application form. The utility shall not require the landlord to guarantee the tenant's customer deposit or monthly service bill as a condition of service. The utility may require the landlord to guarantee the payment of service extension fees under the utility's approved tariff if these facilities will remain in public service after the tenant vacates the leased premises. If the landlord signs a guarantee of payment for deposits or monthly service bills, the guarantee shall remain in full force and effect until the guarantee is withdrawn in writing and copies are provided to both the utility and the tenant.(f) Reestablishment of credit or deposit. Every service applicant who has previously been a customer of the utility and whose service has been discontinued for nonpayment of bills, meter tampering, bypassing of meter or failure to comply with applicable state and municipal regulations or regulations of the utility shall be required, before service is resumed, to pay all amounts due the utility or execute a deferred payment agreement, if offered, and may be required to pay a deposit if the utility does not currently have a deposit from the customer. The burden shall be on the utility to prove the amount of utility service received but not paid for and the reasonableness of any charges for such unpaid service, as well as all other elements of any bill required to be paid as a condition of service restoration.(g) Records of deposits.(1) The utility shall keep records to show:(A) the name and address of each depositor;(B) the amount and date of the deposit;(C) each transaction concerning the deposit; and(D) the amount of interest earned on customer deposit funds.(2) The utility shall issue a receipt of deposit to each service applicant or customer from whom a deposit is received.(3) A record of each unclaimed deposit shall be maintained for at least seven years, during which time the utility shall make a reasonable effort to return the deposit or may transfer the unclaimed deposit to the Texas Comptroller of Public Accounts. If not already transferred, after seven years, unclaimed deposits shall be transferred to the Texas Comptroller of Public Accounts.(h) Refund of deposit.(1) If service is not connected, or after disconnection of service, the utility shall promptly and automatically refund the service applicant's or customer's deposit plus accrued interest or the balance, if any, in excess of the unpaid bills for service furnished. The utility may refund deposits plus accumulated interest at any time prior to termination of utility service. The utility's policy for refunds to current customers must be consistent and nondiscriminatory.(2) When a residential customer has paid bills for service for 18 consecutive billings without being delinquent, the utility shall promptly refund the deposit with interest to the customer either by payment or credit to the customer's bill. Deposits from customers who do not meet this criteria may be retained until service is terminated.(i) Transfer of service. A transfer of service from one service location to another within the service area of the utility shall not be deemed a disconnection within the meaning of this section, and no additional deposit may be demanded unless permitted by this subchapter.", "sourceNote": "Source Note: The provisions of this §24.159 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192960", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.161", "label": "Response to Requests for Service by a Retail Public Utility Within Its Certificated Area" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided for in subsection (e) of this section, every retail public utility shall serve each qualified service applicant within its certificated area as soon as is practical after receiving a completed application. A qualified service applicant is an applicant who has met all of the retail public utility's requirements contained in its tariff, schedule of rates, or service policies and regulations for extension of service including the delivery to the retail public utility of any service connection inspection certificates required by law.(1) Where a new service tap is required, the retail public utility may require that the property owner make the request for the tap to be installed.(2) Upon request for service by a service applicant, the retail public utility shall make available and accept a completed written application for service.(3) Except for good cause, at a location where service has previously been provided the utility must reconnect service within one working day after the applicant has submitted a completed application for service and met any other requirements in the utility's approved tariff.(4) A request for service that requires a tap but does not require line extensions, construction, or new facilities shall be filled within five working days after a completed service application has been accepted.(5) If construction is required to fill the order and if it cannot be completed within 30 days, the retail public utility shall provide a written explanation of the construction required and an expected date of service.(b) Except for good cause shown, the failure to provide service within 30 days of an expected date or within 180 days of the date a completed application was accepted from a qualified applicant may constitute refusal to serve, and may result in the assessment of administrative penalties or revocation of the certificate of convenience and necessity or the granting of a certificate to another retail public utility to serve the applicant.(c) The cost of extension and any construction cost options such as rebates to the customer, sharing of construction costs between the utility and the customer, or sharing of costs between the customer and other applicants shall be provided to the customer in writing upon assessment of the costs of necessary line work, but before construction begins. Also see §24.153 (a)(1) of this title (relating to Customer Relations).(d) Easements.(1) Where recorded public utility easements on the service applicant's property do not exist or public road right-of-way easements are not available to access the property of a service applicant, the public utility may require the service applicant or land owner to grant a permanent recorded public utility easement dedicated to the public utility which will provide a reasonable right of access and use to allow the public utility to construct, install, maintain, inspect and test water and/or sewer facilities necessary to serve that applicant.(2) As a condition of service to a new subdivision, public utilities may require developers to provide permanent recorded public utility easements to and throughout the subdivision sufficient to construct, install, maintain, inspect, and test water and/or sewer facilities necessary to serve the subdivision's anticipated service demands upon full occupancy.(3) A district or water supply corporation may require an applicant for service to grant an easement as allowed under applicable law.(e) Service Extensions by a Water Supply or Sewer Service Corporation or Special Utility District.(1) A water supply or sewer service corporation or a special utility district organized under Chapter 65 of the code is not required to extend retail water or sewer utility service to a service applicant in a subdivision within its certificated area if it documents that:(A) the developer of the subdivision has failed to comply with the subdivision service extension policy as set forth in the tariff of the corporation or the policies of the special utility district; and(B) the service applicant purchased the property after the corporation or special utility district gave notice of its rules which are applicable to service to subdivisions in accordance with the notice requirements in this subsection.(2) Publication of notice, in substantial compliance with the form notice in Appendix A, in a newspaper of general circulation in each county in which the corporation or special utility district is certificated for utility service of the requirement to comply with the subdivision service extension policy constitutes notice under this subsection. The notice must be published once a week for two consecutive weeks on a biennial basis and must contain information describing the subdivision service extension policy of the corporation or special utility district. The corporation or special utility district must be able to provide proof of publication through an affidavit of the publisher of the newspaper that specifies each county in which the newspaper is generally circulated:Attached Graphic(3) As an alternative to publication of notice, a corporation or special utility district may demonstrate by any reasonable means that a developer has been notified of the requirement to comply with the subdivision service extension policy, including:(A) an agreement executed by the developer;(B) correspondence with the developer that sets forth the subdivision service extension policy; or(C) any other documentation that reasonably establishes that the developer should be aware of the subdivision service extension policy.(4) For purposes of this subsection:(A) \"Developer\" means a person who subdivides land or requests more than two water or sewer service connections on a single contiguous tract of land.(B) \"Service applicant\" means a person, other than a developer, who applies for water or sewer utility service.", "sourceNote": "Source Note: The provisions of this §24.161 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192961", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.163", "label": "Service Connections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192962", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Water Service Connections.(1) Tap Fees. The fees for initiation of service, where no service previously existed, shall be in accordance with the following:(A) The fee charged by a utility for connecting a residential service applicant's premises to the system shall be as stated on the approved tariff. In determining the reasonableness of a tap fee, the commission will consider the actual costs of materials, labor, and administrative costs for such service connections and road construction or impact fees charged by authorities with control of road use if typically incurred and may allow a reasonable estimate of tax liabilities. The commission may limit the tap fee to an amount equal to the average costs incurred by the utility.(B) Whether listed on the utility's approved tariff or not, the tap fee charged for all service connections requiring meters larger than 3/4 inch shall be limited to the actual cost of materials, labor and administrative costs for making the individual service connection and road construction or impact fees charged by authorities with control of road use and a reasonable estimate of tax liabilities. The service applicant shall be given an itemized statement of the costs.(C) An additional fee may be charged to a residential service applicant, if stated on the approved tariff, for a tap expense not normally incurred; for example, a road bore for customers outside of subdivisions or residential areas.(2) Installation and Service Connection.(A) The utility shall furnish and install, for the purpose of connecting its distribution system to the service applicant's property, the service pipe from its main to the meter location on the service applicant's property. See also paragraph (3) of this subsection. For all new installations, a utility-owned cut-off valve shall be provided on the utility side of the meter. Utilities without customer meters shall provide and maintain a cut-off valve on the customer's property as near the property line as possible. This does not relieve the utility of the obligation to comply with §24.169 of this title (relating to Meters).(B) The service applicant shall be responsible for furnishing and laying the necessary service line from the meter to the place of consumption and shall keep the service line in good repair. For new taps or for new service at a location with an existing tap, service applicants may be required to install a customer owned cut-off valve on the customer's side of the meter or connection. Customers who have damaged the utility's cut-off valve or curb stop through unauthorized use or tampering may be required to install a customer owned cut-off valve on the customer's side of the meter or connection within a reasonable time frame of not less than 30 days if currently connected or prior to restoration of service if the customer has been lawfully disconnected under these rules. The customer's responsibility shall begin at the discharge side of the meter or utility's cut-off valve if there are no meters. If the utility's meter or cut-off valve is not on the customer's property, the customer's responsibility will begin at the property line.(3) Location of meters. Meters shall be located on the customer's property, readily accessible for maintenance and reading and, so far as practicable, the meter shall be at a location mutually acceptable to the customer and the utility. The meter shall be installed so as to be unaffected by climatic conditions and reasonably secure from damage.(4) Relocation and conversion of meters. If an existing meter is moved to a location designated by the customer for the customer's convenience, the utility may not be responsible except for negligence. The customer may be charged the actual cost of relocating the meter. If the customer requests that an existing meter be replaced with a meter of another size or capacity, the customer may be charged the actual cost of converting the meter including enlarging the line from the main to the meter if necessary.(b) Sewer Service Connections.(1) Tap Fees. The fees for initiation of sewer service, where no service previously existed, shall be in accordance with the following:(A) The fee charged by a utility for connecting a residential service applicant's premises to the sewer system shall be as stated on the approved tariff. In determining the reasonableness of a tap fee, the commission will consider the actual costs of materials, labor, and administrative costs for such service connections and road construction or impact fees charged by authorities with control of road use if typically incurred and may allow a reasonable estimate of tax liabilities. The commission may limit the tap fee to an amount equal to the average costs incurred by the utility.(B) The fee charged for all commercial or nonstandard service connections shall be set at the actual cost of materials, labor and administrative costs for making the service connection and road construction or impact fees charged by authorities with control of road use and may include a reasonable estimate of tax liabilities. The service applicant shall be given an itemized statement of the costs.(C) A fee in addition to the standard tap fee may be charged for a new residential service connection which requires expenses not normally incurred if clearly identified on the approved tariff; for example, a road bore for service applicants outside of subdivisions or residential areas.(D) Tap fees for sewer systems designed to receive effluent from a receiving tank located on the customer's property, whether fed by gravity or pressure into the utility's sewer main, may include charges to install a receiving tank and appurtenances on the customer's property and service line from the tank to the utility's main which meets the minimum standards set by the utility and authorized by the commission. The tank may include grinder pumps, etc. to pump the effluent into the utility's main. Ownership of and maintenance responsibilities for the receiving tank and appurtenances shall be specified in the utility's approved tariff.(2) Installation and Service Connections.(A) The utility shall furnish and install, for the purpose of connecting its collection system to the service applicant's service line, the service pipe from its main to a point on the customer's property.(B) The customer shall be responsible for furnishing and laying the necessary customer service line from the utility's line to the residence.(3) Maintenance by Customer.(A) The customer service line and appurtenances installed by the customer shall be constructed in accordance with the laws and regulations of the State of Texas governing plumbing practices which must be at least as stringent and comprehensive as one of the following nationally recognized codes: the Southern Standard Plumbing Code, the Uniform Plumbing Code, and/or the National Standard Plumbing Code, or other standards as prescribed by the commission.(B) It shall be the customer's responsibility to maintain the customer service line and any appurtenances which are the customer's responsibility in good operating condition, such as, clear of obstruction, defects, leaks or blockage. If the utility can provide evidence of excessive infiltration or inflow into the customer's service line or failure to provide proper pretreatment, the utility may, with the written approval of the commission, require that the customer repair the line or eliminate the infiltration or inflow or take such actions necessary to correct the problem. If the customer fails to correct the problem within a reasonable time, the utility may disconnect the service after notice as required under §24.167 of this title (relating to Discontinuance of Service). Less than ten days notice may be given if authorized by the commission(C) If the customer retains ownership of receiving tanks and appurtenances located on the customer's property under the utility's tariff, routine maintenance and repairs are the customer's responsibility. The utility may require in its approved tariff that parts and equipment meet the minimum standards set by the utility to ensure proper and efficient operation of the sewer system but cannot require that the customer purchase parts or repair service from the utility.(c) Line extension and construction charges. Each utility shall file its extension policy with the commission as part of its tariff. The policy shall be consistent and nondiscriminatory. No contribution in aid of construction may be required of any service applicant except as provided for in the approved extension policy.(1) Contributions in aid of construction shall not be required of individual residential service applicants for production, storage, treatment, or transmission facilities unless that residential customer places unique, non-standard service demands upon the system, in which case, the customer may be charged the additional cost of extending service to and throughout his property, including the cost of all necessary collection or transmission facilities necessary to meet the service demands anticipated to be created by that property.(2) Developers may be required to provide contributions in aid of construction in amounts sufficient to reimburse the utility for:(A) existing uncommitted facilities at their original cost if the utility has not previously been reimbursed. A utility shall not be reimbursed for facilities in excess of the amount the utility paid for the facilities. A utility is not required to allocate existing uncommitted facilities to a developer for projected development beyond a reasonable planning period; or(B) additional facilities compliant with the commission's minimum design criteria for facilities used in the production, transmission, pumping, or treatment of water or the commission's minimum design criteria for wastewater collection and treatment facilities and to provide for reasonable local demand requirements. Income tax liabilities which may be incurred due to collection of contributions in aid of construction may be included in extension charges to developers. Additional tax liabilities due to collection of the original tax liability may not be collected unless they can be supported and are specifically noted in the approved extension policy.(3) For purposes of this subsection, a developer is one who subdivides or requests more than two water service connections or sewer service connections on a single contiguous tract of land.(d) Cost utilities and service applicants shall bear.(1) Within its certificated area, a utility shall be required to bear the cost of the first 200 feet of any water main or sewer collection line necessary to extend service to an individual residential service applicant within a platted subdivision unless the utility can document:(A) that the developer of the subdivision refused to provide facilities compatible with the utility's facilities in accordance with the utility's approved extension policy after receiving a written request from the utility; or(B) that the developer of the subdivision defaulted on the terms and conditions of a written agreement or contract existing between the utility and the developer regarding payment for services, extensions, or other requirements; or in the event the developer declared bankruptcy and was therefore unable to meet obligations; and(C) that the residential service applicant purchased the property from the developer after the developer was notified of the need to provide facilities to the utility.(2) A residential service applicant may be charged the remaining costs of extending service to his property; provided, however, that the residential service applicant may only be required to pay the cost equivalent to the cost of extending the nearest water main or wastewater collection line, whether or not that line has adequate capacity to serve that residential service applicant. The following criteria shall be considered to determine the residential service applicant's cost for extending service:(A) The residential service applicant shall not be required to pay for costs of main extensions greater than two inches in diameter for water distribution and pressure wastewater collection lines and six inches in diameter for gravity wastewater lines.(B) Exceptions may be granted by the commission if:(i) adequate service cannot be provided to the applicant using the maximum line sizes listed due to distance or elevation, in which case, it shall be the utility's burden to justify that a larger diameter pipe is required for adequate service;(ii) larger minimum line sizes are required under subdivision platting requirements or building codes of municipalities within whose corporate limits or extraterritorial jurisdiction the point of use is located; or(iii) the residential service applicant is located outside the CCN service area.(C) If an exception is granted, the utility must establish a proportional cost plan for the specific extension or a rebate plan which may be limited to seven years to return the portion of the applicant's costs for oversizing as new customers are added to ensure that future applicants for service on the line pay at least as much as the initial service applicant.(3) The utility shall bear the cost of any oversizing of water distribution lines or wastewater collection lines necessary to serve other potential service applicants or customers in the immediate area or for fire flow requirements unless an exception is granted under paragraph (2)(B) of this subsection.(4) For purposes of determining the costs that service applicants shall pay, commercial customers with service demands greater than residential customer demands in the certificated area, industrial, and wholesale customers may be treated as developers. A service applicant requesting a one inch meter for a lawn sprinkler system to service a residential lot is not considered nonstandard service.(e) Other Fees for Service Applicants. Except for an affected county, utilities shall not charge membership fees or application fees.", "sourceNote": "Source Note: The provisions of this §24.163 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192962", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.165", "label": "Billing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226073", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authorized rates. Bills must be calculated according to the rates approved by the regulatory authority and listed on the utility's approved tariff. Unless specifically authorized by the commission, a utility may not apply a metered rate to customers in a subdivision or geographically defined area unless all customers in the subdivision or geographically defined area are metered.(b) Due date.(1) The due date of the bill for utility service may not be less than 16 days after issuance unless the customer is a state agency. If the customer is a state agency, the due date for the bill may not be less than 30 days after issuance unless otherwise agreed to by the state agency. The postmark on the bill or the recorded date of mailing by the utility if there is no postmark on the bill, constitutes proof of the date of issuance. Payment for utility service is delinquent if the full payment, including late fees and regulatory assessments, is not received at the utility or at the utility's authorized payment agency by 5:00 p.m. on the due date. If the due date falls on a holiday or weekend, the due date for payment purposes is the next work day after the due date.(2) If a utility has been granted an exception to the requirements for a local office in accordance with §24.153(d)(3) of this title (relating to Customer Relations), the due date of the bill for utility service may not be less than 30 days after issuance.(c) Penalty on delinquent bills for retail service. Unless otherwise provided, a one-time penalty of either $5.00 or 10% for all customers may be charged for delinquent bills. If, after receiving a bill including a late fee, a customer pays the bill in full except for the late fee, the bill may be considered delinquent and subject to termination after proper notice under §24.167 of this title (relating to Discontinuance of Service). An additional late fee may not be applied to a subsequent bill for failure to pay the prior late fee. The penalty on delinquent bills may not be applied to any balance to which the penalty was applied in a previous billing. No such penalty may be charged unless a record of the date the utility mails the bills is made at the time of the mailing and maintained at the principal office of the utility. Late fees may not be charged on any payment received by 5:00 p.m. on the due date at the utility's office or authorized payment agency. The commission may prohibit a utility from collecting late fees for a specified period if it determines that the utility has charged late fees on payments that were not delinquent.(d) Deferred payment plan. A deferred payment plan is any arrangement or agreement between the utility and a customer in which an outstanding bill will be paid in installments. The utility shall offer a deferred payment plan to any residential customer if the customer's bill is more than three times the average monthly bill for that customer for the previous 12 months and if that customer has not been issued more than two disconnection notices at any time during the preceding 12 months. In all other cases, the utility is encouraged to offer a deferred payment plan to residential customers who cannot pay an outstanding bill in full but are willing to pay the balance in reasonable installments. A deferred payment plan may include a finance charge that may not exceed an annual rate of 10% simple interest. Any finance charges must be clearly stated on the deferred payment agreement.(e) Rendering and form of bills.(1) Bills for water and sewer service shall be rendered monthly unless otherwise authorized by the commission, or unless service is terminated before the end of a billing cycle. Service initiated less than one week before the next billing cycle begins may be billed with the following month's bill. Bills shall be rendered as promptly as possible following the reading of meters. One bill shall be rendered for each meter.(2) The customer's bill must include the following information, if applicable, and must be arranged so as to allow the customer to readily compute the bill with a copy of the applicable rate schedule:(A) if the meter is read by the utility, the date and reading of the meter at the beginning and at the end of the period for which the bill is rendered;(B) the number and kind of units metered;(C) the applicable rate class or code;(D) the total amount due for water service;(E) the amount deducted as a credit required by a commission order;(F) the amount due as a surcharge;(G) the total amount due on or before the due date of the bill;(H) the due date of the bill;(I) the date by which customers must pay the bill in order to avoid addition of a penalty;(J) the total amount due as penalty for nonpayment within a designated period;(K) a distinct marking to identify an estimated bill;(L) any conversions from meter reading units to billing units, or any other calculations to determine billing units from recording or other devices, or any other factors used in determining the bill;(M) the total amount due for sewer service;(N) the gallonage used in determining sewer usage; and(O) the local telephone number or toll free number where the utility can be reached.(3) Except for an affected county or for solid waste disposal fees collected under a contract with a county or other public agency, charges for nonutility services or any other fee or charge not specifically authorized by the Texas Water Code or these rules or specifically listed on the utility's approved tariff may not be included on the bill.(f) Charges for sewer service. Utilities are not required to use meters to measure the quantity of sewage disposed of by individual customers. When a sewer utility is operated in conjunction with a water utility that serves the same customer, the charge for sewage disposal service may be based on the consumption of water as registered on the customer's water meter. Where measurement of water consumption is not available, the utility shall use the best means available for determining the quantity of sewage disposal service used. A method of separating customers by class shall be adopted so as to apply rates that will accurately reflect the cost of service to each class of customer.(g) Consolidated billing and collection contracts.(1) This subsection applies to all retail public utilities.(2) A retail public utility providing water service may contract with a retail public utility providing sewer service to bill and collect the sewer service provider's fees and payments as part of a consolidated process with the billing and collection of the water service provider's fees and payments. The water service provider may provide that service only for customers who are served by both providers in an area covered by both providers' certificates of public convenience and necessity. If the water service provider refuses to enter into a contract under this section or if the water service provider and sewer service provider cannot agree on the terms of a contract, the sewer service provider may petition the commission to issue an order requiring the water service provider to provide that service.(3) A contract or order under this subsection must provide procedures and deadlines for submitting filing and customer information to the water service provider and for the delivery of collected fees and payments to the sewer service provider.(4) A contract or order under this subsection may require or permit a water service provider that provides consolidated billing and collection of fees and payments to:(A) terminate the water services of a person whose sewage services account is in arrears for nonpayment; and(B) charge a customer a reconnection fee if the customer's water service is terminated for nonpayment of the customer's sewage services account.(5) A water service provider that provides consolidated billing and collection of fees and payments may impose on each sewer service provider customer a reasonable fee to recover costs associated with providing consolidated billing and collection of fees and payments for sewage services.(h) Overbilling and underbilling. If billings for utility service are found to differ from the utility's lawful rates for the services being provided to the customer, or if the utility fails to bill the customer for such services, a billing adjustment shall be calculated by the utility. If the customer is due a refund, an adjustment must be made for the entire period of the overcharges. If the customer was undercharged, the utility may backbill the customer for the amount that was underbilled. The backbilling may not exceed 12 months unless such undercharge is a result of meter tampering, bypass, or diversion by the customer as defined in §24.169 of this title (relating to Meters). If the underbilling is $25 or more, the utility shall offer to such customer a deferred payment plan option for the same length of time as that of the underbilling. In cases of meter tampering, bypass, or diversion, a utility may, but is not required to, offer a customer a deferred payment plan.(i) Estimated bills. When there is good reason for doing so, a water or sewer utility may issue estimated bills, provided that an actual meter reading is taken every two months and appropriate adjustments made to the bills.(j) Prorated charges for partial-month bills. When a bill is issued for a period of less than one month, charges should be computed as follows.(1) Metered service. Service shall be billed for the base rate, as shown in the utility's tariff, prorated for the number of days service was provided; plus the volume metered in excess of the prorated volume allowed in the base rate.(2) Flat-rate service. The charge shall be prorated on the basis of the proportionate part of the period during which service was rendered.(3) Surcharges. Surcharges approved by the commission do not have to be prorated on the basis of the number of days service was provided.(k) Prorated charges due to utility service outages. In the event that utility service is interrupted for more than 24 consecutive hours, the utility shall prorate the base charge to the customer to reflect this loss of service. The base charge to the customer shall be prorated on the basis of the proportionate part of the period during which service was interrupted.(l) Disputed bills.(1) A customer may advise a utility that a bill is in dispute by written notice or in person during normal business hours. A dispute must be registered with the utility and a payment equal to the customer's average monthly usage at current rates must be received by the utility prior to the date of proposed discontinuance for a customer to avoid discontinuance of service as provided by §24.167 of this title.(2) Notwithstanding any other section of this chapter, the customer may not be required to pay the disputed portion of a bill that exceeds the amount of that customer's average monthly usage at current rates pending the completion of the determination of the dispute. For purposes of this section only, the customer's average monthly usage will be the average of the customer's usage for the preceding 12-month period. Where no previous usage history exists, consumption for calculating the average monthly usage will be estimated on the basis of usage levels of similar customers under similar conditions.(3) Notwithstanding any other section of this chapter, a utility customer's service may not be subject to discontinuance for nonpayment of that portion of a bill under dispute pending the completion of the determination of the dispute. The customer is obligated to pay any billings not disputed as established in §24.167 of this title.(m) Notification of alternative payment programs or payment assistance. Any time customers contact a utility to discuss their inability to pay a bill or indicate that they are in need of assistance with their bill payment, the utility or utility representative shall provide information to the customers in English and in Spanish, if requested, of available alternative payment and payment assistance programs available from the utility and of the eligibility requirements and procedure for applying for each.(n) Adjusted bills. There is a presumption of reasonableness of billing methodology by a sewer utility for winter average billing or by a water utility with regard to a case of meter tampering, bypassing, or other service diversion if any one of the following methods of calculating an adjusted bill is used:(1) estimated bills based upon service consumed by that customer at that location under similar conditions during periods preceding the initiation of meter tampering or service diversion. Such estimated bills must be based on at least 12 consecutive months of comparable usage history of that customer, when available, or lesser history if the customer has not been served at that site for 12 months. This subsection, however, does not prohibit utilities from using other methods of calculating bills for unmetered water when the usage of other methods can be shown to be more appropriate in the case in question;(2) estimated bills based upon that customer's usage at that location after the service diversion has been corrected;(3) calculation of bills for unmetered consumption over the entire period of meter bypassing or other service diversion, if the amount of actual unmetered consumption can be calculated by industry recognized testing procedures; or(4) a reasonable adjustment is made to the sewer bill if a water leak can be documented during the winter averaging period and winter average water use is the basis for calculating a customer's sewer charges. If the actual water loss can be calculated, the consumption shall be adjusted accordingly. If not, the prior year average can be used if available. If the actual water loss cannot be calculated and the customer's prior year's average is not available, then a typical average for other customers on the system with similar consumption patterns may be used.(o) Equipment damage charges. A utility may charge for all labor, material, equipment, and all other actual costs necessary to repair or replace all equipment damaged due to negligence, meter tampering or bypassing, service diversion, or the discharge of wastes that the system cannot properly treat. The utility may charge for all actual costs necessary to correct service diversion or unauthorized taps where there is no equipment damage, including incidents where service is reconnected without authority. An itemized bill of such charges must be provided to the customer. A utility may not charge any additional penalty or any other charge other than actual costs unless such penalty has been expressly approved by the commission and filed in the utility's tariff. Except in cases of meter tampering or service diversion, a utility may not disconnect service of a customer refusing to pay damage charges unless authorized to in writing by the commission.(p) Fees. Except for an affected county, utilities may not charge disconnect fees, service call fees, field collection fees, or standby fees except as authorized in this chapter.(1) A utility may only charge a developer standby fees for unrecovered costs of facilities committed to a developer's property under the following circumstances:(A) under a contract and only in accordance with the terms of the contract;(B) if service is not being provided to a lot or lots within two years after installation of facilities necessary to provide service to the lots has been completed and if the standby fees are included on the utility's approved tariff after a rate change application has been properly filed. The fees cannot be billed to the developer or collected until the standby fees have been approved by the commission; or(C) for purposes of this subsection, a manufactured housing rental community can only be charged standby fees under a contract or if the utility installs the facilities necessary to provide individually metered service to each of the rental lots or spaces in the community.(2) Except as provided in §24.167(h)(2) and §24.169(c) of this title other fees listed on a utility's approved tariff may be charged when appropriate. Return check charges included on a utility's approved tariff may not exceed the utility's documentable cost.(q) Payment with cash. When a customer pays any portion of a bill with cash, the utility shall issue a written receipt for the payment.(r) Voluntary contributions for certain emergency services.(1) A utility may implement as part of its billing process a program under which the utility collects from its customers a voluntary contribution including a voluntary membership or subscription fee, on behalf of a volunteer fire department or an emergency medical service. A utility that collects contributions under this section shall provide each customer at the time the customer first becomes a customer, and at least annually thereafter, a written statement:(A) describing the procedure by which the customer may make a contribution with the customer's bill payment;(B) designating the volunteer fire department or emergency medical service to which the utility will deliver the contribution;(C) informing the customer that a contribution is voluntary;(D) if applicable, informing the customer the utility intends to keep a portion of the contributions to cover related expenses; and(E) describing the deductibility status of the contribution under federal income tax law.(2) A billing by the utility that includes a voluntary contribution under this section must clearly state that the contribution is voluntary and that it is not required to be paid.(3) The utility shall promptly deliver contributions that it collects under this section to the designated volunteer fire department or emergency medical service, except that the utility may keep from the contributions an amount equal to the lesser of:(A) the utility's expenses in administering the contribution program; or(B) 5.0% of the amount collected as contributions.(4) Amounts collected under this section are not rates and are not subject to regulatory assessments, late payment penalties, or other utility related fees, are not required to be shown in tariffs filed with the regulatory authority, and non-payment may not be the basis for termination of service.", "sourceNote": "Source Note: The provisions of this §24.165 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226073", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.167", "label": "Discontinuance of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192964", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Disconnection with notice.(1) Notice requirements. Proper notice shall consist of a separate written statement which a utility must mail or hand deliver to a customer before service may be disconnected. The notice must be provided in English and Spanish if necessary to adequately inform the customer and must include the following information:(A) the words \"termination notice\" or similar language approved by the commission written in a way to stand out from other information on the notice;(B) the action required to avoid disconnection, such as paying past due service charges,(C) the date by which the required action must be completed to avoid disconnection. This date must be at least ten days from the date the notice is provided unless a shorter time is authorized by the commission;(D) the intended date of disconnection;(E) the office hours, telephone number, and address of the utility's local office;(F) the total past due charges;(G) all reconnect fees that will be required to restore water or sewer service if service is disconnected.(H) if notice is provided by a sewer service provider under subsection (e) of this section, the notice must also state:(i) that failure to pay past due sewer charges will result in termination of water service; and(ii) that water service will not be reconnected until all past due and currently due sewer service charges and the sewer reconnect fee are paid.(2) Reasons for disconnection. Utility service may be disconnected after proper notice for any of the following reasons:(A) failure to pay a delinquent account for utility service or failure to comply with the terms of a deferred payment agreement.(i) Payment which has been rejected for insufficient funds, closed account, or for which a stop payment order has been issued is not deemed to be payment to the utility.(ii) Payment at a utility's office or authorized payment agency is considered payment to the utility.(iii) The utility is not obligated to accept payment of the bill when an employee is at the customer's location to disconnect service;(B) violation of the utility's rules pertaining to the use of service in a manner which interferes with the service of others;(C) operation of non-standard equipment, if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation;(D) failure to comply with deposit or guarantee arrangements where required by §24.159 of this title (relating to Service Applicant and Customer Deposit);(E) failure to pay charges for sewer service provided by another retail public utility in accordance with subsection (e) of this section; and(F) failure to pay solid waste disposal fees collected under contract with a county or other public agency.(b) Disconnection without notice. Utility service may be disconnected without prior notice for the following reasons:(1) where a known and dangerous condition related to the type of service provided exists. Where reasonable, given the nature of the reason for disconnection, a written notice of the disconnection, explaining the reason service was disconnected, shall be posted at the entrance to the property, the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected;(2) where service is connected without authority by a person who has not made application for service;(3) where service has been reconnected without authority following termination of service for nonpayment under subsection (a) of this section;(4) or in instances of tampering with the utility's meter or equipment, bypassing the same, or other instances of diversion as defined in §24.169 of this title (relating to Meters).(c) Disconnection prohibited. Utility service may not be disconnected for any of the following reasons:(1) failure to pay for utility service provided to a previous occupant of the premises;(2) failure to pay for merchandise, or charges for non-utility service provided by the utility;(3) failure to pay for a different type or class of utility service unless the fee for such service is included on the same bill or unless such disconnection is in accordance with subsection (e) of this section;(4) failure to pay the account of another customer as guarantor thereof, unless the utility has in writing the guarantee as a condition precedent to service;(5) failure to pay charges arising from an underbilling due to any faulty metering, unless the meter has been tampered with or unless such underbilling charges are due under §24.169 of this title;(6) failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan, unless the utility is unable to read the meter due to circumstances beyond its control;(7) failure to comply with regulations or rules regarding anything other than the type of service being provided including failure to comply with septic tank regulations or sewer hook-up requirements;(8) refusal of a current customer to sign a service agreement; or,(9) failure to pay standby fees.(d) Disconnection due to utility abandonment. No public utility may abandon a customer or a certificated service area unless it has complied with the requirements of §24.247 of this title (relating to Requirement to Provide Continuous and Adequate Service) and obtained approval from the commission.(e) Disconnection of water service due to nonpayment of sewer charges.(1) Where sewer service is provided by one retail public utility and water service is provided by another retail public utility, the retail public utility that provides the water service shall disconnect water service to a customer who has not paid undisputed sewer charges if requested by the sewer service provider and if an agreement exists between the two retail public utilities regarding such disconnection or if an order has been issued by the commission specifying a process for such disconnections.(A) Before water service may be terminated, proper notice of such termination must be given to the customer and the water service provider by the sewer service provider. Such notice must be in conformity with subsection (a) of this section.(B) Water and sewer service shall be reconnected in accordance with subsection (h) of this section. The water service provider may not charge the customer a reconnect fee prior to reconnection unless it is for nonpayment of water service charges in accordance with its approved tariff. The water service provider may require the customer to pay any water service charges which have been billed but remain unpaid prior to reconnection. The water utility may require the sewer utility to reimburse it for the cost of disconnecting the water service in an amount not to exceed $50. The sewer utility may charge the customer its approved reconnect fee for nonpayment in addition to any past due charges.(C) If the retail public utilities providing water and sewer service cannot reach an agreement regarding disconnection of water service for nonpayment of sewer charges, the commission may issue an order requiring disconnections under specified conditions.(D) The commission will issue an order requiring termination of service by the retail public utility providing water service if either:(i) the retail public utility providing sewer service has obtained funding through the State or Federal government for the provision, expansion or upgrading of such sewer service; or,(ii) the commission finds that an order is necessary to effectuate the purposes of the Texas Water Code.(2) A utility providing water service to customers who are provided sewer service by another retail public utility may enter into an agreement to provide billing services for the sewer service provider. In this instance, the customer may only be charged the tariffed reconnect fee for nonpayment of a bill on the water service provider's tariff.(3) This section outlines the duties of a water service provider to an area served by a sewer service provider of certain political subdivisions.(A) This section applies only to an area:(i) that is located in a county that has a population of more than 1.3 million; and(ii) in which a customer's sewer service is provided by a municipality or conservation and reclamation district that also provides water service to other customers and the same customer's water service is provided by another entity.(B) For each person the water service provider serves in an area to which this section applies, the water service provider shall provide the municipality or district with any relevant customer information so that the municipality or district may bill users of the sewer service directly and verify the water consumption of users. Relevant customer information provided under this section includes the name, address, and telephone number of the customer of the water service provider, the monthly meter readings of the customer, monthly consumption information, including any billing adjustments, and certain meter information, such as brand, model, age, and location.(C) The municipality or district shall reimburse the water service provider for its reasonable and actual incremental costs for providing services to the municipality or district under this section. Incremental costs are limited to only those costs that are in addition to the water service provider's costs in providing its services to its customers, and those costs must be consistent with the costs incurred by other water utility providers. Only if requested by the wastewater provider, the water service provider must provide the municipality or district with documentation certified by a certified public accountant of the reasonable and actual incremental costs for providing services to the municipality or district under this section.(D) A municipality or conservation and reclamation district may provide written notice to a person to whom the municipality's or district's sewer service system provides service if the person has failed to pay for the service for more than 90 days. The notice must state the past due amount owed and the deadline by which the past due amount must be paid or the person will lose water service. The notice may be sent by First Class mail or hand-delivered to the location at which the sewer service is provided.(E) The municipality or district may notify the water service provider of a person who fails to make timely payment after the person receives notice under subparagraph (D) of this paragraph. The notice must indicate the number of days the person has failed to pay for sewer service and the total amount past due. On receipt of the notice, the water service provider shall discontinue water service to the person.(F) This subsection does not apply to a nonprofit water supply or sewer service corporation created under Texas Water Code, Chapter 67, or a district created under Texas Water Code, Chapter 65.(f) Disconnection for ill customers. No utility may discontinue service to a delinquent residential customer when that customer establishes that some person residing at that residence will become seriously ill or more seriously ill if service is discontinued. To avoid disconnection under these circumstances, the customer must provide a written statement from a physician to the utility prior to the stated date of disconnection. Service may be disconnected in accordance with subsection (a) of this section if the next month's bill and the past due bill are not paid by the due date of the next month's bill, unless the customer enters into a deferred payment plan with the utility.(g) Disconnection upon customer request. A utility shall disconnect service no later than the end of the next working day after receiving a written request from the customer.(h) Service restoration.(1) Utility personnel must be available during normal business hours to accept payment on the day service is disconnected and the day after service is disconnected, unless the disconnection is at the customer's request or due to the existence of a dangerous condition related to the type of service provided. Once the past due service charges and applicable reconnect fees are paid or other circumstances which resulted in disconnection are corrected, the utility must restore service within 36 hours.(2) Reconnect Fees.(A) A reconnect fee, or seasonal reconnect fee as appropriate, may be charged for restoring service if listed on the utility's approved tariff.(B) A reconnect fee may not be charged where service was not disconnected, except in circumstances where a utility representative arrives at a customer's service location with the intent to disconnect service because of a delinquent bill, and the customer prevents the utility from disconnecting the service.(C) Except as provided under §24.169(c) of this title when a customer prevents disconnection at the water meter or connecting point between the utility and customer sewer lines, a reconnect fee charged for restoring water or sewer service after disconnection for nonpayment of monthly charges shall not exceed $25 provided the customer pays the delinquent charges and requests to have service restored within 45 days. If a request to have service reconnected is not made within 45 days of the date of disconnection, the utility may charge its approved reconnect fee or seasonal reconnect fee.(D) A reconnect fee cannot be charged for reconnecting service after disconnection for failure to pay solid waste disposal fees collected under a contract with a county or other public agency.", "sourceNote": "Source Note: The provisions of this §24.167 adopted\r\nto be effective October 17, 2018, 43 TexReg 6826; amended to be effective\r\nOctober 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192964", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.169", "label": "Meters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192965", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Meter requirements.(1) Use of meter. All charges for water service shall be based on meter measurements, except where otherwise authorized in the utility's approved tariff.(2) Installation by utility. Unless otherwise authorized by the commission, each utility shall provide, install, own and maintain all meters necessary for the measurement of water provided to its customers.(3) Standard type. No utility shall furnish, set up, or put in use any meter which is not reliable and of a standard type which meets industry standards; provided, however, special meters not necessarily conforming to such standard types may be used for investigation or experimental purposes.(4) One meter is required for each residential, commercial, or industrial service connection. An apartment building, condominium, manufactured housing community, or mobile home park may be considered by the utility to be a single commercial facility for the purpose of these sections. The commission may grant an exception to the individual meter requirement if the plumbing of an existing multiple use or multiple occupant building would prohibit the installation of individual meters at a reasonable cost or would result in unreasonable disruption of the customary use of the property.(b) Meter readings.(1) Meter unit indication. In general, each meter shall indicate clearly the gallons of water or other units of service for which charge is made to the customer.(2) Reading of meters.(A) Service meters shall be read at monthly intervals, and as nearly as possible on the corresponding day of each month, but may be read at other than monthly intervals if authorized in the utility's approved tariff.(B) The utility shall charge for volume usage at the lowest block charge on its approved tariff when the meter reading date varies by more than two days from the normal meter reading date.(c) Access to meters and utility cutoff valves.(1) At the customer's request, utility employees must present information identifying themselves as employees of the utility in order to establish the right of access.(2) Utility employees shall be allowed access for the purpose of reading, testing, installing, maintaining and removing meters and using utility cutoff valves. Conditions that may hinder access include, but are not limited to, fences with locked gates, vehicles or objects placed on top of meters or meter boxes, and unrestrained animals.(3) When access is hindered on an ongoing basis, utilities may, but are not required to, make alternative arrangements for obtaining meter readings as described in paragraphs (4) and (5) of this subsection. Alternative arrangements for obtaining meter readings shall be made in writing with a copy provided to the customer and a copy filed in the utility's records on that customer.(4) If access to a meter is hindered and the customer agrees to read his own meter and provide readings to the utility, the utility may bill according to the customer's readings; provided the meter is read by the utility at regular intervals (not exceeding six months) and billing adjustments are made for any overcharges or undercharges.(5) If access to a meter is hindered and the customer does not agree to read their own meter, the utility may bill according to estimated consumption; provided the meter is read by the utility at regular intervals (not exceeding three months) and billing adjustments are made for any overcharges or undercharges.(6) If access to a meter is hindered and the customer will not arrange for access at regular intervals, the utility may relocate the meter to a more accessible location and may charge the customer for the actual cost of relocating the meter. Before relocating the meter, the utility shall provide the customer with written notice of its intent to do so. The notice required under this subparagraph shall include information on the estimated cost of relocating the meter, an explanation of the condition hindering access and what the customer can do to correct that condition, and information on how to contact the utility. The notice shall give the customer a reasonable length of time to arrange for utility access so the customer may avoid incurring the relocation cost. A copy of the notice given to the customer shall be filed with the utility's records on the customer's account.(7) If access to a meter, cutoff valve or sewer connection is hindered by the customer and the customer's service is subject to disconnection under §24.167 of this title (relating to Discontinuance of Service), the utility may disconnect service at the main and may charge the customer for the actual cost of disconnection and any subsequent reconnection. The utility shall document the condition preventing access by providing photographic evidence or a sworn affidavit. Before disconnecting service at the main, the utility shall provide the customer with written notice of its intent to do so. The notice required under this subparagraph shall include information on the estimated cost of disconnecting service at the main and reconnecting service and shall give the customer at least 72 hours to correct the condition preventing access and to pay any delinquent charges due the utility before disconnection at the main. The customer may also be required to pay the tariffed reconnect fee for nonpayment in addition to delinquent charges even if service is not physically disconnected. A copy of the notice given to the customer shall be filed with the utility's records on the customer's account.(d) Meter tests on request of customer.(1) Upon the request of a customer, each utility shall make, without charge a test of the accuracy of the customer's meter. If the customer asks to observe the test, the test shall be conducted in the customer's presence or in the presence of the customer's authorized representative. The test shall be made during the utility's normal working hours at a time convenient to the customer. Whenever possible, the test shall be made on the customer's premises, but may, at the utility's discretion, be made at the utility's testing facility.(2) Following the completion of any requested test, the utility shall promptly advise the customer of the date of the test, the result of the test, who made the test and the date the meter was removed if applicable.(3) If the meter has been tested by the utility or a testing facility at the customer's request, and within a period of two years the customer requests a new test, the utility shall make the test, but if the meter is found to be within the accuracy standards established by the American Water Works Association, the utility may charge the customer a fee which reflects the cost to test the meter, but this charge shall in no event be more than $25 for a residential customer.(e) Meter testing.(1) The accuracy of a water meter shall be tested by comparing the actual amount of water passing through it with the amount indicated on the dial. The test shall be conducted in accordance with the standards for testing cold water meters as prescribed by the American Water Works Association or other procedures approved by the commission.(2) The utility shall provide the necessary standard facilities, instruments, and other equipment for testing its meters in compliance with these sections. Any utility may be exempted from this requirement by the commission provided that satisfactory arrangements are made for testing its meters by another utility or testing facility equipped to test meters in compliance with these sections.(3) Measuring devices for testing meters may consist of a calibrated tank or container for volumetric measurement or a tank mounted upon scales for weight measurement. If a volumetric standard is used, it shall be accompanied by a certificate of accuracy from any standard laboratory as may be approved by the commission. The commission can also authorize the use of a volumetric container for testing meters without a laboratory certification when it is in the best interest of the customer and utility to reduce the cost of testing. If a weight standard is used, the scales shall be tested and calibrated periodically by an approved laboratory and a record maintained of the results of the test.(4) Standards used for meter testing shall be of a capacity sufficient to insure accurate determination of meter accuracy and shall be subject to the approval of the commission.(5) A standard meter may be provided and used by a utility for the purpose of testing meters in place. This standard meter shall be tested and calibrated at least once per year unless a longer period is approved by the commission to insure its accuracy within the limits required by these sections. A record of such tests shall be kept by the utility for at least three years following the tests.(f) Meter test prior to installation. No meter shall be placed in service unless its accuracy has been established. If any meter shall have been removed from service, it must be properly tested and adjusted before being placed in service again. No meter shall be placed in service if its accuracy falls outside the limits as specified by the American Water Works Association.(g) Bill adjustment due to meter error. If any meter is found to be outside of the accuracy standards established by the American Water Works Association, proper correction shall be made of previous readings for the period of six months immediately preceding the removal of such meter from service for the test, or from the time the meter was in service since last tested, but not exceeding six months, as the meter shall have been shown to be in error by such test, and adjusted bills shall be rendered. No refund is required from the utility except to the customer last served by the meter prior to the testing. If a meter is found not to register for any period, unless bypassed or tampered with, the utility shall make a charge for units used, but not metered, for a period not to exceed three months, based on amounts used under similar conditions during the period preceding or subsequent thereto, or during corresponding periods in previous years.(h) Meter tampering. For purposes of these sections, meter tampering, bypass, or diversion shall be defined as tampering with a water or sewer utility company's meter or equipment causing damage or unnecessary expense to the utility, bypassing the same, or other instances of diversion, such as physically disorienting the meter, objects attached to the meter to divert service or to bypass, insertion of objects into the meter, other electrical and mechanical means of tampering with, bypassing, or diverting utility service, removal or alteration of utility-owned equipment or locks, connection or reconnection of service without utility authorization, or connection into the service line of adjacent customers or of the utility. The burden of proof of meter tampering, bypass, or diversion is on the utility. Photographic evidence must be accompanied by a sworn affidavit by the utility when any action regarding meter tampering as provided for in these sections is initiated. A court finding of meter tampering may be used instead of photographic or other evidence, if applicable.", "sourceNote": "Source Note: The provisions of this §24.169 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192965", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.171", "label": "Continuity of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210598", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Service interruptions.(1) Every utility or water supply or sewer service corporation shall make all reasonable efforts to prevent interruptions of service. When interruptions occur, the utility shall reestablish service within the shortest possible time.(2) Each utility shall make reasonable provisions to meet emergencies resulting from failure of service, and each utility shall issue instructions to its employees covering procedures to be followed in the event of emergency in order to prevent or mitigate interruption or impairment of service.(3) In the event of national emergency or local disaster resulting in disruption of normal service, the utility may, in the public interest, interrupt service to other customers to provide necessary service to civil defense or other emergency service agencies on a temporary basis until normal service to these agencies can be restored.(b) Record of interruption. Except for momentary interruptions due to automatic equipment operations, each utility shall keep a complete record of all interruptions, both emergency and scheduled. This record shall show the cause for interruptions, date, time, duration, location, approximate number of customers affected, and, in cases of emergency interruptions, the remedy and steps taken to prevent recurrence.", "sourceNote": "Source Note: The provisions of this §24.171 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210598", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§24.173", "label": "Late Fees and Disconnections During an Extreme Weather Emergency for Nonpayment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192966", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to a retail public utility that is required to possess a certificate of convenience and necessity to provide retail water or sewer utility service under §24.225 of this title, (relating to Certificate of Convenience and Necessity (CCN) Required) an affiliate of such a retail public utility, and a district or affected county that provides retail water or sewer utility service.(b) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context indicates otherwise:(1) Affected customer--a customer of an entity to which this section applies that receives retail water or sewer service from that entity in an area experiencing an extreme weather emergency and has a bill due during the extreme weather emergency.(2) Extreme weather emergency--a period beginning when the previous day's highest temperature in an area did not exceed 28 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports for that area. For purposes of this section, an extreme weather emergency is over on the second business day the temperature exceeds 28 degrees Fahrenheit.(3) Payment schedule--an agreement between an entity to which this section applies and an affected customer that allows the customer to pay, in one or more installments, an unpaid bill due during an extreme weather emergency after its due date.(c) Prohibited actions. An entity to which this section applies is prohibited from imposing a late fee on, or disconnecting the retail water or sewer service of, an affected customer for nonpayment of a bill that is due during an extreme weather emergency until after the extreme weather emergency is over.(d) One-time notice. On or before January 31, 2023, an entity to which this section applies must provide to each water or sewer customer a one-time written notice of the requirements of this section.(1) The written notice must be in plain English and Spanish and inform the customer that its retail water or sewer service provider is:(A) prohibited from imposing late fees or disconnecting retail water or sewer service for nonpayment of bills that are due during an extreme weather emergency until after the emergency is over;(B) required to offer a payment schedule to a requesting affected customer for unpaid bills due during an extreme weather emergency; and(C) prohibited from disconnecting the retail water or sewer service for nonpayment of bills due during an extreme weather emergency of an affected customer that has requested a payment schedule until after the payment schedule has been offered and the affected customer has either declined to accept the payment schedule in a timely fashion or violated the terms of the payment schedule.(2) The written notice may be provided as a billing insert or a separate communication, and must be delivered by first class mail, hand delivered, or provided electronically to affected customers that have agreed to receive communications electronically.(3) Commission staff may develop standard notice language in English and Spanish and post the standard notice language on the commission's website. An entity may use this standard notice language as part of its written notice to comply with paragraph (1) of this subsection.(e) Payment schedule. An affected customer may request to establish a payment schedule for unpaid bills that are due during an extreme weather emergency. An entity to which this section applies that receives such a request within 30 days from the date the extreme weather emergency ends must offer the requesting affected customer a payment schedule and a deadline for accepting the payment schedule. A payment schedule may be established in person, by telephone, or online, but all payment schedules must be reduced to writing and provided to the customer.(1) A payment schedule offered under this subsection may:(A) include a finance charge, conspicuously stated on the payment schedule, for late fees on the payment schedule not to exceed an annual rate of 10 percent simple interest; and(B) require payment in one or more installments.(2) A payment schedule offered under this subsection must:(A) be written in plain language in English and, if requested, Spanish;(B) identify the total amount due, and, if payment is to be made in multiple installments, the number of installments and the amount of each installment;(C) the deadline for payment, or if payment is to be made in multiple installments, the deadline for each installment;(D) identify the dates the extreme weather event occurred, and the due dates and amounts owed of any bills that were due during the extreme weather event; and(E) include a statement, in a clear and conspicuous type, that states \"If you are not satisfied with this agreement, or if the agreement was made by telephone and you feel this does not reflect your understanding of that agreement, contact (insert name and contact information of service provider).\"(3) An entity to which this section applies is prohibited from disconnecting the retail water or sewer service for nonpayment of bills due during an extreme weather emergency of an affected customer that has requested a payment schedule until after the payment schedule has been offered and the customer has either declined to accept the payment schedule in a timely fashion or violated the terms of the payment schedule. Any preexisting disconnection notices issued to an affected customer for nonpayment of a bill due during an extreme weather emergency are suspended upon the timely request for a payment schedule under this subsection. If the affected customer does not timely accept the offered payment schedule or violates the terms of the payment schedule, any suspended disconnection notices are reinstated, and the entity may renegotiate the terms of the payment schedule or disconnect service on or after the disconnection date listed on the disconnection notice. If the affected customer does not timely accept the offered payment schedule or violates the terms of the payment schedule and there is not a preexisting disconnection notice, the entity must issue a disconnection notice under §24.167 of this title (related to Discontinuance of Service) prior to disconnecting the water or sewer service of the affected customer.(f) Enforcement. An entity that violates this section may be subject to civil penalties under §24.364 of this title (relating to Civil Penalties for Late Fees and Disconnections During an Extreme Weather Emergency for Nonpayment) and any other enforcement actions permitted by law.", "sourceNote": "Source Note: The provisions of this §24.173 adopted to be effective November 9, 2022, 47 TexReg 7405." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192966", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "G", "label": "QUALITY OF SERVICE" }, "rule": { "number": "§24.201", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192967", "queryAsDate": "03/11/2026" }, "ruleBody": "Except where otherwise noted, this chapter applies to retail public utilities as defined by §24.3 of this title (relating to Definitions of Terms) which possess or are required to possess a Certificate of Convenience and Necessity.", "sourceNote": "Source Note: The provisions of this §24.201 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192967", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "G", "label": "QUALITY OF SERVICE" }, "rule": { "number": "§24.203", "label": "Requirements by Others" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192968", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application of commission rules shall not relieve the retail public utility from abiding by the requirements of the laws and regulations of the state, local department of health, local ordinances, and all other regulatory agencies having jurisdiction over such matters.(b) The commission's rules in this chapter relating to rates, records and reporting, customer service and protection and quality of service shall apply to utilities operating within the corporate limits of a municipality exercising original rate jurisdiction, unless the municipality adopts its own rules.", "sourceNote": "Source Note: The provisions of this §24.203 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192968", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "G", "label": "QUALITY OF SERVICE" }, "rule": { "number": "§24.205", "label": "Adequacy of Water Utility Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192969", "queryAsDate": "03/11/2026" }, "ruleBody": "Sufficiency of service. Each retail public utility which provides water service shall plan, furnish, operate, and maintain production, treatment, storage, transmission, and distribution facilities of sufficient size and capacity to provide a continuous and adequate supply of water for all reasonable consumer uses.(1) The water system quantity and quality requirements of the TCEQ shall be the minimum standards for determining the sufficiency of production, treatment, storage, transmission, and distribution facilities of water suppliers and the safety of the water supplied for household usage. Additional capacity shall be provided to meet the reasonable local demand characteristics of the service area, including reasonable quantities of water for outside usage and livestock.(2) In cases of drought, periods of abnormally high usage, or extended reduction in ability to supply water due to equipment failure, to comply with a state agency or court order on conservation or other reasons identified in the utility's approved drought contingency plan required by 30 TAC §288.20 (relating to Drought Contingency Plans for Municipal Uses by Public Water Suppliers), restrictions may be instituted to limit water usage in accordance with the utility's approved drought contingency plan. For utilities, these temporary restrictions must be in accordance with an approved drought contingency plan. Unless specifically authorized by TCEQ, retail public utilities may not use water use restrictions in lieu of providing facilities which meet the minimum capacity requirements of 30 TAC Chapter 290 (relating to Public Drinking Water), or reasonable local demand characteristics during normal use periods, or when the system is not making all immediate and necessary efforts to repair or replace malfunctioning equipment.(A) A utility must file a copy of its TCEQ-approved drought contingency plan with the utility's approved tariff. The utility may not implement mandatory water use restrictions without an approved drought contingency plan unless authorized by the TCEQ. If TCEQ provides such authorization, the utility must provide immediate notice to the commission.(B) Temporary restrictions must be in accordance with the utility's approved drought contingency plan on file or specifically authorized by the TCEQ. The utility shall file a copy of any status report required to be filed with the TCEQ with the commission at the same time it is required to file the report with the TCEQ.(C) The utility must provide written notice to each customer in accordance with the drought contingency plan prior to implementing the provisions of the plan. The utility must provide written notice to the commission prior to implementing the provisions of the plan.(3) A retail public utility that possesses a certificate of public convenience and necessity that is required to file a planning report with the TCEQ under requirements in 30 TAC Chapter 290, Subchapter D (relating to Rules and Regulations for Public Water Systems) shall also file a copy of the planning report with the commission at the same time it is required to file the report with the TCEQ.(A) If the TCEQ waives or limits the reporting requirements, the utility shall file with the commission within ten days a notice that the reporting requirements have been waived or limited, including a copy of any order or other authorization.(B) A retail public utility shall file a copy of any updated or amended plan or report required to be filed under this section.(C) Submission of this report shall not relieve the retail public utility from abiding by the requirements of other regulatory agencies as set forth in §24.203 of this title (relating to Requirements by Others).(4) Each retail public utility which possesses or is required to possess a certificate of convenience and necessity shall furnish safe water which meets TCEQ's minimum quality criteria for drinking water.(5) Every retail public utility shall maintain its facilities to protect them from contamination, ensure efficient operation, and promptly repair leaks.", "sourceNote": "Source Note: The provisions of this §24.205 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192969", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "G", "label": "QUALITY OF SERVICE" }, "rule": { "number": "§24.207", "label": "Adequacy of Sewer Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192970", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sufficiency of service. Each retail public utility shall plan, furnish, operate, and maintain collection, treatment, and disposal facilities to collect, treat and dispose of waterborne human waste and waste from domestic activities such as washing, bathing, and food preparation. These facilities must be of sufficient size to meet TCEQ's minimum design criteria for wastewater facilities for all normal demands for service and provide a reasonable reserve for emergencies. Unless specifically authorized in a written service agreement, a retail public utility is not required to receive, treat and dispose of waste with high biological oxygen demand (BOD) or total suspended solids (TSS) characteristics that cannot be reasonably processed, or storm water, run-off water, food or food scraps not previously processed by a grinder or similar garbage disposal unit, grease or oils, except as incidental waste in the process or wash water used in or resulting from food preparation by sewer utility customers engaged in the preparation and/or processing of food for domestic consumption or sale to the public. Grease and oils from grease traps or other grease and/or oil storage containers shall not be placed in the wastewater system.(b) Sufficiency of treatment. Each retail public utility shall maintain and operate treatment facilities of adequate size and properly equipped to treat sewage and discharge the effluent at the quality required by the laws and regulations of the State of Texas.(c) Maintenance of facilities.(1) The retail public utility shall maintain its collection system and appurtenances to minimize blockages.(2) If the utility retains ownership of receiving tanks located on the customer's property or other facilities and appurtenances, it is the utility's responsibility and liability to perform routine maintenance and repair.", "sourceNote": "Source Note: The provisions of this §24.207 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192970", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "G", "label": "QUALITY OF SERVICE" }, "rule": { "number": "§24.209", "label": "Standards of Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192971", "queryAsDate": "03/11/2026" }, "ruleBody": "In determining standard practice, the commission will be guided by the provisions of the American Water Works Association, and such other codes and standards that are generally accepted by the industry, except as modified by this commission, or municipal regulations within their jurisdiction. Each system shall construct, install, operate, and maintain its plant, structures, equipment, and lines in accordance with these standards, and in such manner to best accommodate the public, and to prevent interference with service furnished by other retail public utilities insofar as practical.", "sourceNote": "Source Note: The provisions of this §24.209 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192971", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.225", "label": "Certificate of Convenience and Necessity Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210367", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise specified, a utility or a water supply or sewer service corporation may not in any way provide retail water or sewer utility service directly or indirectly to the public without first having obtained from the commission a certificate of convenience and necessity (CCN). Except as otherwise provided by this subchapter, a retail public utility may not provide, make available, or extend retail water or sewer utility service to any area to which retail water or sewer utility service is being lawfully provided by another retail public utility without first obtaining a CCN that includes the area in which the consuming facility is located.(b) A district may not provide services within the certificated service area of a retail public utility or within the boundaries of another district without the retail public utility's or district's consent, unless the district has a CCN to provide retail water or sewer utility service to that area.(c) Except as otherwise provided by this subchapter, a retail public utility may not provide retail water or sewer utility service within the boundaries of a district that provides the same type of retail water or sewer utility service without the district's consent, unless the retail public utility has a CCN to provide retail water or sewer utility service to that area.(d) A person that is not a retail public utility, a utility, or a water supply or sewer service corporation that is operating under provisions in accordance with TWC §13.242(c) may not construct facilities to provide retail water or sewer utility service to more than one service connection that is not on the property owned by the person and that is within the certificated service area of a retail public utility without first obtaining written consent from the retail public utility.(e) A supplier of wholesale water or sewer service may not require a purchaser to obtain a CCN if the purchaser is not otherwise required by this chapter to obtain a CCN.", "sourceNote": "Source Note: The provisions of this §24.225 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210367", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.227", "label": "Criteria for Granting or Amending a Certificate of Convenience and Necessity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192973", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In determining whether to grant or amend a certificate of convenience and necessity (CCN), the commission will ensure that the applicant possesses the financial, managerial, and technical capability to provide continuous and adequate service.(1) For retail water utility service, the commission will ensure that the applicant has:(A) a public water system approved by the Texas Commission on Environmental Quality (TCEQ) that is capable of providing drinking water that meets the requirements of Texas Health and Safety Code, chapter 341, TCEQ rules, and the TWC; and(B) access to an adequate supply of water or a long-term contract for purchased water with an entity whose system meets the requirement of paragraph (1)(A) of this subsection.(2) For retail sewer utility service, the commission will ensure that the applicant has:(A) a TCEQ-approved system that is capable of meeting TCEQ design criteria for sewer treatment plants, TCEQ rules, and the TWC; and(B) access to sewer treatment and/or capacity or a long-term contract for purchased sewer treatment and/or capacity with an entity whose system meets the requirements of paragraph (2)(A) of this subsection.(b) When applying for a new CCN or a CCN amendment for an area that would require construction of a physically separate water or sewer system, the applicant must demonstrate that regionalization or consolidation with another retail public utility is not economically feasible. To demonstrate this, the applicant must at a minimum provide:(1) for applications to obtain or amend a water CCN, a list of all retail public water and/or sewer utilities within one half mile from the outer boundary of the requested area;(2) for applications to obtain or amend a sewer CCN, a list of all retail public sewer utilities within one half mile from the outer boundary of the requested area;(3) copies of written requests seeking to obtain service from each of the retail public utilities referenced in paragraph (1) or (2) of this subsection or evidence that it is not economically feasible to obtain service from the retail public utilities referenced in paragraph (1) or (2) of this subsection;(4) copies of written responses from each of the retail public utilities referenced in paragraph (1) or (2) of this subsection from which written requests for service were made or evidence that they failed to respond within 30 days of the date of the request;(5) if a neighboring retail public utility has agreed to provide service to a requested area, then the following information must also be provided by the applicant:(A) a description of the type of service that the neighboring retail public utility is willing to provide and comparison with service the applicant is proposing;(B) an analysis of all necessary costs for constructing, operating, and maintaining the new facilities for at least the first five years of operations, including such items as taxes and insurance; and(C) an analysis of all necessary costs for acquiring and continuing to receive service from the neighboring retail public utility for at least the first five years of operations.(c) Notwithstanding any other provision of this chapter, a Class A utility may apply to the commission for an amendment of a water or sewer CCN held by a municipal utility district, other than a municipal utility district located wholly or partly inside of the corporate limits or extraterritorial jurisdiction of a municipality with a population of two million or more, to allow the Class A utility to have the same rights and powers under the CCN as the municipal utility district.(1) An application filed under this subsection must include:(A) information identifying the applicant;(B) the identifying number of the CCN to be amended;(C) the written consent of the municipal utility district that holds the certificate of convenience and necessity;(D) a written statement by the municipal utility district that the application is supported by a contract between the municipal utility district and the utility for the utility to provide services inside the certificated area and inside the boundaries of the municipal utility district; and(E) a description of the proposed service area by:(i) a metes and bounds survey certified by a licensed state land surveyor or a registered professional land surveyor;(ii) the Texas State Plane Coordinate System;(iii) verifiable landmarks, including roads, creeks, or railroad lines; or(iv) if a recorded plat of the area exists, lot and block number.(2) No later than the 60th day after the Class A utility files the application, the commission will review an application filed under this subsection and determine whether the application is sufficient.(3) Once the application is found sufficient, the commission will:(A) find that the amendment of the certificate is necessary for the service, accommodation, convenience, or safety of the public; and(B) grant the application and amend the certificate.(4) Chapter 2001 of the Texas Government Code does not apply to a petition filed under this subsection. The applicant, municipal utility district, or commission staff may file a motion for rehearing of the commission's decision on the same timeline that applies to other final orders of the commission. The commission's order ruling on the application may not be appealed.(5) The commission may approve an application filed under this subsection that requests to amend a CCN with area that is in the extraterritorial jurisdiction of a municipality without the consent of the municipality.(6) TWC §13.241(d) and §13.245 and subsections (e), (f), and (g) of this section do not apply to an application filed under this subsection.(d) The commission may approve applications and grant or amend a CCN only after finding that granting or amending the CCN is necessary for the service, accommodation, convenience, or safety of the public. The commission may grant or amend the CCN as applied for, or refuse to grant it, or grant it for the construction of only a portion of the contemplated facilities or extension thereof, or for only the partial exercise of the right or privilege and may impose special conditions necessary to ensure that continuous and adequate service is provided.(e) In considering whether to grant or amend a CCN, the commission will also consider:(1) the adequacy of service currently provided to the requested area;(2) the need for additional service in the requested area, including, but not limited to:(A) whether any landowners, prospective landowners, tenants, or residents have requested service;(B) economic needs;(C) environmental needs;(D) written application or requests for service; or(E) reports or market studies demonstrating existing or anticipated growth in the area;(3) the effect of granting or amending a CCN on the CCN recipient, on any landowner in the requested area, and on any retail public utility that provides the same service and that is already serving any area within two miles of the boundary of the requested area. These effects include but are not limited to regionalization, compliance, and economic effects;(4) the ability of the applicant to provide adequate service, including meeting the standards of the TCEQ and the commission, taking into consideration the current and projected density and land use of the requested area;(5) the feasibility of obtaining service from an adjacent retail public utility;(6) the financial ability of the applicant to pay for the facilities necessary to provide continuous and adequate service and the financial stability of the applicant, including, if applicable, the adequacy of the applicant's debt-equity ratio;(7) environmental integrity;(8) the probable improvement in service or lowering of cost to consumers in that area resulting from the granting of the new CCN or a CCN amendment; and(9) the effect on the land to be included in the requested area.(f) The commission may require an applicant seeking to obtain a new CCN or a CCN amendment to provide a bond or other form of financial assurance to ensure that continuous and adequate retail water or sewer utility service is provided. The commission will set the amount of financial assurance. The form of the financial assurance will be as specified in §24.11 of this title (relating to Financial Assurance). The obligation to obtain financial assurance under this chapter does not relieve an applicant from any requirements to obtain financial assurance in satisfaction of another state agency's rules.(g) Where applicable, in addition to the other factors in this chapter the commission will consider the efforts of the applicant to extend retail utility service to any economically distressed areas located within the applicant's certificated service area. For purposes of this subsection, \"economically distressed area\" has the meaning assigned in TWC §15.001.(h) For two or more retail public utilities that apply for a CCN to provide retail water utility service to an unserved area located in an economically distressed area as defined in TWC §15.001, the commission will conduct an assessment of the applicants to determine which applicant is more capable financially, managerially and technically of providing continuous and adequate service. The assessment will be conducted after the preliminary hearing and only if the parties cannot agree among themselves regarding who will provide service. The assessment will be conducted considering the following information:(1) all criteria from subsections (a) - (g) of this section;(2) source-water adequacy;(3) infrastructure adequacy;(4) technical knowledge of the applicant;(5) ownership accountability;(6) staffing and organization;(7) revenue sufficiency;(8) creditworthiness;(9) fiscal management and controls;(10) compliance history; and(11) planning reports or studies by the applicant to serve the proposed area.(i) Except as provided by subsection (j) of this section, a landowner who owns a tract of land that is at least 25 acres and that is wholly or partially located within the requested area may elect to exclude some or all of the landowner's property from the requested area by providing written notice to the commission before the 30th day after the date the landowner receives notice of an application for a CCN or for a CCN amendment. The landowner's election is effective without a further hearing or other process by the commission. If a landowner makes an election under this subsection, the requested area must be modified to remove the electing landowner's property. An applicant that has land removed from its requested area because of a landowner's election under this subsection may not be required to provide retail water or sewer utility service to the removed land for any reason, including a violation of law or commission rules.(1) The landowner's request to opt out of the requested area must be filed with the commission and must include the following information:(A) the commission docket number and CCN number if applicable;(B) the total acreage of the tract of land subject to the landowner's opt-out request; and(C) a metes and bounds survey for the tract of land subject to the landowner's opt-out request, that is sealed or embossed by either a licensed state land surveyor or registered professional land surveyor.(2) The applicant must file the following mapping information to address each landowner's opt-out request:(A) a detailed map identifying the revised requested area after removing the tract of land subject to each landowner's opt-out request. The map must also identify the outer boundary of each tract of land subject to each landowner's opt-out request, in relation to the revised requested area. The map must identify the tract of land and the requested area in reference to verifiable man-made and natural landmarks such as roads, rivers, and railroads;(B) digital mapping data in a shapefile (SHP) format georeferenced in either NAD 83 Texas State Plane Coordinate System (US Feet) or in NAD 83 Texas Statewide Mapping System (Meters) for the revised requested area after removing each tract of land subject to any landowner's opt-out request. The digital mapping data must include a single, continuous polygon record; and(C) the total acreage for the revised requested area after removing each tract of land subject to the landowner's opt-out requests. The total acreage for the revised requested area must correspond to the total acreage included with the digital mapping data.(j) If the requested area is located within the boundaries or extraterritorial jurisdiction of a municipality with a population of more than 500,000 and the municipality or a retail public utility owned by the municipality is the applicant, a landowner is not entitled to make an election under subsection (i) of this section but is entitled to file a request to intervene in order to contest the inclusion of the landowner's property in the requested area at a hearing regarding the application.", "sourceNote": "Source Note: The provisions of this §24.227 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective May 7, 2020, 45 TexReg 2845." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192973", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.229", "label": "Certificate of Convenience and Necessity Not Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192974", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Extension of Service.(1) Except for a utility or water supply or sewer service corporation that possesses a facilities-only certificate of convenience and necessity (CCN), a retail public utility is not required to obtain a CCN for:(A) an extension into territory contiguous to that already served by the retail public utility if:(i) the point of ultimate use is within one quarter mile of the outer boundary of its existing certificated service area;(ii) the area is not receiving similar service from another retail public utility; and(iii) the area is not located inside another retail public utility's certificated service area; or(B) an extension within or to territory already served by it or to be served by it under a CCN.(2) Whenever an extension is made under paragraph (1)(A) of this subsection, the utility or water supply or sewer service corporation making the extension must inform the commission of the extension by submitting within 30 days of the date service is commenced, a copy of a map of the service area clearly showing the extension, accompanied by a written explanation of the extension.(b) Construction of Facilities. A CCN is not required for the construction or upgrading of distribution facilities within the retail public utility's certificated service area, or for the purchase or condemnation of real property for use as facility sites or rights-of-way. Prior acquisition of facility sites or rights-of-way, and prior construction or upgrading of distribution facilities, does not entitle a retail public utility to be granted a CCN or CCN amendment without a showing that the proposed CCN or CCN amendment is necessary for the service, accommodation, convenience, or safety of the public.(c) Single Certification Under TWC §13.255. A municipality that has given notice under TWC §13.255 that it intends to provide retail water or sewer utility service to an area or to customers not currently being served is not required to obtain a CCN prior to commencing service in the area if the municipality:(1) provides a copy of the notice required in TWC §13.255 to the retail public utility;(2) files a copy of the notice with the commission; and(3) files an application for single certification as required by TWC §13.255 and §24.259 of this title (relating to Single Certification in Incorporated or Annexed Areas).(d) Municipal Systems in Unserved Area.(1) This subsection applies only to a home-rule municipality that is:(A) located in a county with a population of more than 1.75 million; and(B) adjacent to a county with a population of more than 1 million and has within its boundaries a part of a district.(2) If a district does not establish a fire department under TWC §49.352, a municipality that contains a part of the district inside its boundaries may by ordinance or resolution provide that a water system be constructed or extended into the area that is in both the municipality and the district for the delivery of potable water for fire flow that is sufficient to support the placement of fire hydrants and the connection of the water system to fire suppression equipment.(3) For purposes of this subsection, a municipality may obtain single certification in the manner provided by TWC §13.255, except that the municipality may file an application with the commission to grant single certification immediately after the municipality provides notice of intent to provide service as required by TWC §13.255(b).(e) Water Utility or Water Supply Corporation With Less Than 15 Potential Connections.(1) A water utility or water supply corporation is exempt from the requirement to possess a CCN to provide retail water utility service if it:(A) has less than 15 potential service connections;(B) is not owned by or affiliated with a retail public water utility, or any other entity, that provides potable water service;(C) is not located within the certificated service area of another retail public water utility; and(D) is not within the corporate boundaries of a district or municipality unless it receives written authorization from the district or municipality.(2) A water utility or water supply corporation with less than 15 potential connections currently operating under a CCN may request cancellation of the CCN at any time.(3) The commission may cancel the current CCN upon written request by the exempt utility or water supply corporation.(4) An exempt utility shall comply with the service rule requirements in the Exempt Utility Tariff Form prescribed by the commission which shall not be more stringent than those in §§24.151 - 24.171 of this title (relating to Customer Service and Protection).(5) The exempt utility shall provide a copy of its tariff to each future customer at the time service is requested and upon request to each current customer.(6) An applicant requesting registration status as an exempt utility shall comply with the mapping documents as prescribed in §24.257(a)(2) - (3) of this title (relating to Mapping Requirements for Certificate of Convenience and Necessity Applications).(7) Exempt-Utility Tariff and Rate Change Requirements. An exempt utility operating under registration status as an exempt utility:(A) must maintain a current copy of the exempt-utility's tariff with its current rates at its business location; and(B) may change its rates without following the requirements in §24.27 of this title (relating to Notice of Intent and Application to Change Rates Pursuant to Texas Water Code §13.187 or §13.1871) if it provides each customer with written notice of the rate change prior to the effective date of the rate change. The written notice shall indicate the old rates, the new rates, the effective date of the new rates, and the address of the commission along with a statement that written comments or requests to intervene may be filed with the commission at the following mailing address: Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. If the commission receives written comments or requests to intervene from at least 50% of the customers of an exempt utility within 90 days after the effective date of the rate change, the commission shall review the exempt utility's records or other information relating to the cost of providing service. After reviewing the information and any comments or requests to intervene from customers or the exempt utility, the commission shall establish the rates to be charged by the exempt utility. Those rates shall be effective on the date originally noticed by the exempt utility unless a different effective date is agreed to by the exempt utility and intervenors. These rates may not be changed for 12 months after the proposed effective date without authorization by the commission. The exempt utility shall refund any rates collected in excess of the rates established by the commission in accordance with the time frames or other requirements established by the commission.(C) The exempt utility or water supply corporation, Office of Public Utility Counsel, commission staff, or any affected customer may file a written motion for rehearing. The rates determined by the commission shall remain in effect while the commission considers the motion for rehearing.(8) Unless authorized in writing by the commission, an exempt water utility or a water supply corporation operating under these requirements may not cease operations. An exempt water utility may not discontinue service to a customer with or without notice except in accordance with its commission approved exempt-utility tariff and an exempt water supply corporation may not discontinue service to a customer for any reason not in accordance with its bylaws.(9) An exempt water utility or water supply corporation operating under this exemption which does not comply with the requirements of these rules or the minimum requirements of the exempt-utility tariff approved by the commission shall be subject to any and all enforcement remedies provided by this chapter and TWC chapter 13.", "sourceNote": "Source Note: The provisions of this §24.229 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192974", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.231", "label": "Applicant" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226408", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the responsibility of the owner of the utility, the utility's designated representative or authorized agent, the president of the board of directors or designated representative of the water supply or sewer service corporation, affected county as defined in §24.3(4) of this title (relating to Definitions of Terms), county, district, or municipality to file an application for a certificate of convenience and necessity (CCN) with the commission to obtain or amend a CCN.(b) The applicant shall have the continuing duty to submit information regarding any material change in the applicant's financial, managerial, or technical status that arises during the application review process.", "sourceNote": "Source Note: The provisions of this §24.231 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226408", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.233", "label": "Contents of Certificate of Convenience and Necessity Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214261", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. To obtain or amend a certificate of convenience and necessity (CCN), a person, public water or sewer utility, water supply or sewer service corporation, affected county as defined in §24.3(4) of this title (relating to Definitions of Terms), county, district, or municipality must file an application for a new CCN or a CCN amendment. Applications must contain the following materials, unless otherwise specified in the application form:(1) the appropriate application form prescribed by the commission, completed as instructed and properly executed;(2) mapping documents as prescribed in §24.257 of this title (relating to Mapping Requirements for Certificate of Convenience and Necessity Applications);(3) information to demonstrate a need for service in the requested area, including:(A) a copy of each written request for service received, if any; and(B) a map showing the location of each request for service, if any;(4) if applicable, a statement that the requested area overlaps with the corporate boundaries of a district, municipality, or other public authority, including:(A) a list of the entities that overlap with the requested area; and(B) evidence to show that the applicant has received the necessary approvals including any consents, franchises, permits, or licenses to provide retail water or sewer utility service in the requested area from the applicable municipality, district, or other public authority that:(i) currently provides retail water or sewer utility service in the requested area; (ii) is authorized to provide retail water or sewer service by enabling statute or order; or (iii) has an ordinance in effect that allows it to provide retail water or sewer service in the requested area, if any.(5) an explanation from the applicant demonstrating that issuance of a new CCN or a CCN amendment is necessary for the service, accommodation, convenience, or safety of the public;(6) if the infrastructure is not already in place or if existing infrastructure needs repairs and improvements to provide continuous and adequate service to the requested area, a capital improvement plan, including a budget and an estimated timeline for construction of all facilities necessary to provide full service to the requested area, keyed to a map showing where such facilities will be located to provide service;(7) a description of the sources of funding for all facilities that will be constructed to serve the requested area, if any;(8) disclosure of all affiliated interests as defined by §24.3 of this title;(9) to the extent known, a description of current and projected land uses, including densities;(10) a current financial statement of the applicant;(11) according to the tax roll of the central appraisal district for each county in which the requested area is located, a list of the owners of each tract of land that is:(A) at least 25 acres; and (B) wholly or partially located within the requested area;(12) if dual certification is being requested, a copy of the executed agreement that allows for dual certification of the requested area. Where such an agreement is not practicable, a statement of why dual certification is in the public interest;(13) if an amendment is being requested with the consent of the existing CCN holder, a copy of the executed agreement to amend the existing certificated service area;(14) for an application for a new water CCN or a CCN amendment that will require the construction of a new public drinking water system or facilities to provide retail water utility service, a copy of: (A) the approval letter for the plans and specifications issued by the TCEQ for the public drinking water system or facilities. Proof that the applicant has submitted plans and specifications for the proposed drinking water system is sufficient for a determination of administrative completeness. The applicant must notify the commission within ten days upon receipt of any TCEQ disapproval letter. If the applicant receives a TCEQ disapproval letter, the application for a new water CCN or a CCN amendment may be subject to dismissal without prejudice. Any approval letter for the proposed public drinking water system or facilities must be filed with the commission before the issuance of a new CCN or a CCN amendment. Failure to provide such approvals within a reasonable amount of time after the application is found administratively complete may result in dismissal of the application without prejudice. Plans and specifications are only required if the proposed change in the existing capacity is required by TCEQ rules;(B) other information that indicates the applicant is in compliance with §24.205 of this title (relating to Adequacy of Water Utility Service) for the system; or(C) a contract with a wholesale provider that meets the requirements in §24.205 of this title; (15) for an application for a new sewer CCN or CCN amendment that will require the construction of a new sewer system or new facilities to provide retail sewer utility service, a copy of:(A) a wastewater permit or proof that a wastewater permit application for the additional facility has been filed with the TCEQ. Proof that the applicant has submitted an application for a wastewater permit is sufficient for a determination of administrative completeness. The applicant must notify the commission within ten days upon receipt of any TCEQ disapproval letter. If the applicant receives a TCEQ disapproval letter, the application for a new sewer CCN or CCN amendment may be subject to dismissal without prejudice. Any approval letter for the permit application must be filed with the commission before the issuance of a new CCN or a CCN amendment. Failure to provide such approvals within a reasonable amount of time after the application is found administratively complete may result in the dismissal of the application without prejudice. Plans and specifications are only required if the proposed change in the existing capacity is required by TCEQ rules.(B) other information that indicates that the applicant is in compliance with §24.207 of this title (relating to Adequacy of Sewer Service) for the facility; or(C) a contract with a wholesale provider that meets the requirements in §24.207 of this title; and(16) any other item or information required by the commission.(b) If the requested area overlaps the boundaries of a district, and the district does not intervene in the docket by the intervention deadline after notice of the application is given, the commission will determine that the district is consenting to the applicant's request to provide service in the requested area.(c) Application within the municipal boundaries or extraterritorial jurisdiction of certain municipalities.(1) This subsection applies only to a municipality with a population of 500,000 or more.(2) Except as provided by paragraphs (3) - (8) of this subsection, the commission may not grant to a retail public utility a CCN for a requested area within the boundaries or extraterritorial jurisdiction of a municipality without the consent of the municipality. The municipality may not unreasonably withhold the consent. (3) If a municipality has not consented under paragraph (2) of this subsection before the 180th day after the date the municipality receives the retail public utility's application, the commission will grant the CCN without the consent of the municipality if the commission finds that the municipality:(A) does not have the ability to provide service; or(B) has failed to make a good faith effort to provide service on reasonable terms and conditions. (4) If a municipality has not consented under this subsection before the 180th day after the date a landowner or a retail public utility submits to the municipality a formal request for service according to the municipality's application requirements and standards for facilities on the same or substantially similar terms as provided by the retail public utility's application to the commission, including a capital improvement plan required by TWC §13.244(d)(3) or a subdivision plat, the commission may grant the new CCN or a CCN amendment without the consent of the municipality if:(A) the commission makes the findings required by paragraph (3) of this subsection;(B) the municipality has not entered into a binding commitment to serve the requested area before the 180th day after the date the formal request was made; and (C) the landowner or retail public utility that submitted the formal request has not unreasonably refused to:(i) comply with the municipality's service extension and development process; or(ii) enter into a contract for retail water or sewer utility service with the municipality.(5) If a municipality refuses to provide service in the requested area, as evidenced by a formal vote of the municipality's governing body or an official notification from the municipality, the commission is not required to make the findings otherwise required by this section and may grant the CCN to the retail public utility at any time after the date of the formal vote or receipt of the official notification.(6) The commission must include as a condition of a CCN granted under paragraph (4) or (5) of this subsection that for a service area within the boundaries of a municipality all water and sewer facilities be designed and constructed in accordance with the municipality's standards for water and sewer facilities.(7) The commission must include, as a condition of a CCN granted under this section for a service area within the extraterritorial jurisdiction of a municipality, that all water and sewer facilities be designed and constructed in accordance with:(A) the TCEQ's standards for water and sewer facilities applicable to water systems that serve greater than 250 connections; or(B) the TCEQ's standards for water and sewer facilities applicable to water systems that serve 250 or fewer connections, if the commission determines that:(i) standards for water and sewer facilities applicable to water systems that serve 250 or fewer connections are appropriate for the service area; and(ii) regionalization of the retail public utility or consolidation of the retail public utility with another retail public utility is not economically feasible under TWC §13.241(d).(8) Paragraphs (4) - (7) of this subsection do not apply to Cameron, Hidalgo, or Willacy Counties, or to a county: (A) with a population of more than 30,000 and less than 36,000 that borders the Red River; (B) with a population of more than 100,000 and less than 200,000 that borders a county described by subparagraph (A) of this paragraph;(C) with a population of 170,000 or more that is adjacent to a county with a population of 1.5 million or more that is within 200 miles of an international border; or(D) with a population of more than 40,000 and less than 50,000 that contains a portion of the San Antonio river.(E) The commission will maintain on its website a list of counties that are presumed to meet the requirements of this paragraph. (9) A commitment by a city to provide service must, at a minimum, provide that the construction of service facilities will begin within one year and will be substantially completed within two years after the date the retail public utility's application was filed with the municipality.(10) If the commission makes a decision under paragraph (3) of this subsection regarding the granting of a CCN without the consent of the municipality, the municipality or the retail public utility may appeal the decision to the appropriate state district court. (d) Extension beyond extraterritorial jurisdiction.(1) Except as provided by paragraph (2) of this subsection, if a municipality extends its extraterritorial jurisdiction to include an area in the certificated service area of a retail public utility, the retail public utility may continue and extend service in its certificated service area under the rights granted by its CCN and this chapter.(2) The commission may not extend a municipality's certificated service area beyond its extraterritorial jurisdiction if an owner of land that is located wholly or partly outside the extraterritorial jurisdiction elects to exclude some or all of the landowner's property within the requested area in accordance with TWC §13.246(h). This subsection does not apply to a sale, transfer, merger, consolidation, acquisition, lease, or rental of a CCN as approved by the commission.(3) Paragraph (2) of this subsection does not apply to an extension of extraterritorial jurisdiction in Cameron, Hidalgo, or Willacy Counties, or in a county:(A) with a population of more than 30,000 and less than 36,000 that borders the Red River; (B) with a population of more than 100,000 and less than 200,000 that borders a county described by subparagraph (A) of this paragraph;(C) with a population of 170,000 or more that is adjacent to a county with a population of 1.5 million or more that is within 200 miles of an international border; or(D) with a population of more than 40,000 and less than 50,000 that contains a portion of the San Antonio river.(E) The commission will maintain on its website a list of counties that are presumed to meet the requirements of this paragraph. (4) To the extent of a conflict between this subsection and TWC §13.245, TWC §13.245 prevails.(e) Area within municipality.(1) If an area is within the boundaries of a municipality, any retail public utility holding or entitled to hold a CCN under this chapter to provide retail water and/or sewer utility service or operate facilities in that area may continue and extend service in its certificated service area, unless the municipality exercises its power of eminent domain to acquire the property of the retail public utility under this subsection. Except as provided by TWC §13.255, a municipally owned or operated utility may not provide retail water and sewer utility service within the certificated service area of another retail public utility without first having obtained from the commission a CCN that includes the area to be served.(2) This subsection may not be construed as limiting the power of municipalities to incorporate or extend their boundaries by annexation, or as prohibiting any municipality from levying taxes and other special charges for the use of the streets as are authorized by Texas Tax Code §182.025.(3) In addition to any other rights provided by law, a municipality with a population of more than 500,000 may exercise the power of eminent domain in the manner provided by Texas Property Code, chapter 21, to acquire a substandard water or sewer system if all the facilities of the system are located entirely within the municipality's boundaries. The municipality must pay just and adequate compensation for the property. In this subsection, substandard water or sewer system means a system that is not in compliance with the municipality's standards for water and wastewater service.(A) A municipality must notify the commission no later than seven days after filing an eminent domain lawsuit to acquire a substandard water or sewer system and also notify the commission no later than seven days after acquiring the system.(B) With the notification of filing its eminent domain lawsuit, the municipality, in its sole discretion, may either request that the commission cancel the CCN of the acquired system or transfer the certificate to the municipality, and the commission will take such requested action upon notification of acquisition of the system.(f) Executive corrections. The executive director may make a correction to a CCN, at the discretion of the executive director or at the request of the CCN holder. (1) An executive correction may be issued under this subsection only:(A) to correct a clerical or typographical error;(B) to correct a mapping error in a CCN: (i) to reflect the metes and bounds of the certificated area on the map approved in a final order in a prior proceeding; or(ii) to correct a typographical or grammatical error on the map approved in a final order in a prior proceeding.(C) to change the name of an incorporated CCN holder on a CCN if:(i) an amendment to the to the CCN holder's articles of incorporation or certificate of formation is filed with the secretary of state that only changes the name of the CCN holder; and(ii) the CCN holder provides documentation from the secretary of state that the amendment only changed the name of the CCN holder.(2) Commission staff will open a dedicated project for processing executive corrections under this subsection. Unless directed otherwise by commission staff on behalf of the executive director, all filings related to executive corrections must be made in this dedicated project. (3) Request. A CCN holder may request the executive director make a correction under this subsection by filing a request for executive correction. The request must provide any information required for the executive director to determine whether to make the requested correction, including:(A) a precise description of the requested correction;(B) an explanation of the correction, including any applicable supporting documentation;(C) a justification for making the correction by executive action rather than other available proceedings; and(D) for a request to correct a mapping error under paragraph (1)(b) of this subsection:(i) a list of any persons or entities whose retail service may be directly affected by the correction; and(ii) a written agreement between the CCN holder any other retail water or sewer service provider whose service area is directly affected by the correction.(4) Notice. For a request to correct a mapping error under paragraph (1)(B) of this subsection, commission staff will review the request and provide the CCN holder with a notice document. The CCN holder must provide the notice to any water or sewer service customers whose retail service is directly affected by the proposed correction. After providing notice, the CCN holder must file an affidavit specifying every person and entity to whom notice was provided and the date the notice was provided. (5) Executive review. The executive director will issue an order granting, granting in part, or denying the requested executive correction. (A) The executive director has discretion to determine whether to make an executive correction under this subsection. In evaluating whether to make an executive correction, the executive director will consider whether the requested correction is supported by appropriate documentation, whether it is appropriate to bypass any proceedings that would otherwise be required to make the requested correction, and any other factor deemed relevant by the executive director. (B) The executive director must not make an executive correction to address a mapping error under paragraph (1)(B) of this subsection unless the CCN holder: (i) files a written agreement between the CCN holder and any other retail water or sewer service provider whose service area is directly affected by the correction; and(ii) provides notice of the correction to any water or sewer service customers whose retail service is directly affected by the correction.(C) The executive director, or commission staff on behalf of the executive director, may request any additional information from the CCN holder necessary to determine whether to issue an executive correction under this subsection.(D) The executive director's order may require commission staff or the CCN holder to take any actions or make any additional filings necessary to appropriately update the commission's records to accurately reflect the correction. (E) If the executive director issues an executive correction, commission staff must notify the CCN holder that the correction has been made.", "sourceNote": "Source Note: The provisions of this §24.233 adopted\r\nto be effective October 17, 2018, 43 TexReg 6826; amended to be effective\r\nAugust 14, 2024, 49 TexReg 5943; amended to be effective January 8,\r\n2025, 50 TexReg 113; amended to be effective October 22, 2025, 50\r\nTexReg 6875." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214261", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.235", "label": "Notice Requirements for Certificate of Convenience and Necessity Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192977", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an application to obtain or amend a certificate of convenience and necessity (CCN) is filed, the applicant will prepare the notice prescribed in the commission's application form, which will include the following:(1) all information outlined in the Administrative Procedure Act, Texas Government Code, Chapter 2001;(2) all information listed in the commission's instructions for completing a CCN application;(3) the following statement: \"Persons who wish to intervene in the proceeding or comment upon action sought should contact the Public Utility Commission, P.O. Box 13326, Austin, Texas 78711-3326, or call the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at 1-800-735-2989. The deadline for intervention in the proceeding is (30 days from the mailing or publication of notice, whichever occurs later, unless otherwise provided by the presiding officer). You must send a letter requesting intervention to the commission which is received by that date.\"; and(4) except for publication of notice, the notice must include a map showing the requested area.(b) After reviewing and, if necessary, modifying the proposed notice, the commission will provide the notice to the applicant for publication and/or mailing.(1) For applications for a new CCN or a CCN amendment, the applicant must mail the notice to the following:(A) cities, districts, and neighboring retail public utilities providing the same utility service whose corporate boundaries or certificated service area are located within two miles from the outer boundary of the requested area.(B) the county judge of each county that is wholly or partially included in the requested area; and(C) each groundwater conservation district that is wholly or partially included in the requested area.(2) Except as otherwise provided by this subsection, in addition to the notice required by subsection (a) of this section, the applicant must mail notice to each owner of a tract of land that is at least 25 acres and is wholly or partially included in the requested area. Notice required under this subsection must be mailed by first class mail to the owner of the tract of land according to the most current tax appraisal rolls of the applicable central appraisal district at the time the commission received the application for the CCN. Good faith efforts to comply with the requirements of this subsection may be considered adequate mailed notice to landowners. Notice under this subsection is not required for a matter filed with the commission under:(A) TWC §13.248 or §13.255; or(B) TWC Chapter 65.(3) Utilities that are required to possess a CCN but that are currently providing service without a CCN must provide individual mailed notice to all current customers. The notice must contain the current rates, the effective date of the current rates, and any other information required in the application or notice form or by the commission.(4) Within 30 days of the date of the notice, the applicant must file in the docket an affidavit specifying every person and entity to whom notice was provided and the date that the notice was provided.(c) The applicant must publish the notice in a newspaper having general circulation in the county where a CCN is being requested, once each week for two consecutive weeks beginning with the week after the proposed notice is approved by the commission. Proof of publication in the form of a publisher's affidavit must be filed with the commission within 30 days of the last publication date. The affidavit must state with specificity each county in which the newspaper is of general circulation.(d) The commission may require the applicant to deliver notice to other affected persons or agencies.(e) The recording in the county records required by this section must be completed not later than the 31st day after the date a CCN holder receives a final order from the commission that grants or amends a CCN and thus changes the CCN holder's certificated service area.", "sourceNote": "Source Note: The provisions of this §24.235 adopted to be effective October 17, 2018, 43 TexReg 6826; amended to be effective July 19, 2023, 48 TexReg 3899." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192977", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.237", "label": "Action on Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may conduct a public hearing on any application.(b) After proper notice, the commission may take action on an uncontested application at any time after the later of the expiration of the intervention period or for which all interventions are subsequently withdrawn.(c) If a hearing is requested, the application will be processed in accordance with Chapter 22 of this title (relating to Procedural Rules).", "sourceNote": "Source Note: The provisions of this §24.237 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220431", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.238", "label": "Fair Market Valuation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227097", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to a voluntary arm's length transaction between an acquiring utility and a retail public utility under TWC §13.305 for which approval is required under TWC §13.301. This section does not apply to a transaction between a utility and its affiliate.(b) Definitions. In this section, the following words and terms have the following meanings, unless the context indicates otherwise.(1) Acquiring utility--A Class A or Class B utility that is acquiring a selling utility, or the facilities of a selling utility.(2) Allowance for funds used during construction (AFUDC)--An accounting practice that recognizes the capital costs, including debt and equity funds, that are used to finance a transferee's construction costs of an improvement to a purchased asset.(3) Fair market value--The average of the three appraisals conducted under subsection (f) of this section.(4) Ratemaking rate base--The dollar value of the selling utility or the sold facilities of a selling utility that is incorporated into the rate base of the acquiring utility for post-acquisition purposes. The ratemaking rate base is the lesser of the purchase price negotiated by an acquiring utility and a selling utility or the fair market value. The ratemaking rate base does not include transaction and closing costs.(5) Selling utility--A retail public utility that is being purchased by an acquiring utility or is selling facilities to an acquiring utility.(c) List of qualified utility valuation experts. The commission will maintain a list of qualified utility valuation experts to perform appraisals to determine a fair market value of a selling utility or facilities of a selling utility.(1) A utility valuation expert may request to be included on the commission's list by submitting, under the control number designated for that purpose, the required information.(2) The request filed by the utility valuation expert must include:(A) The expert's name, mailing address, telephone number, and email address;(B) The name of the company with which the expert is employed or associated, or the name under which the expert conducts business;(C) The names of the principal officers of the company with which the expert is employed or associated, if applicable;(D) The name and mailing addresses of any affiliates of the company with which the expert is employed or associated, if applicable; and(E) A detailed description of the utility valuation expert's qualifications, such as professional licensing, certifications, training or past experience conducting economic evaluations of water and sewer utilities.(3) The utility valuation expert must update the information in its request on file with the commission within ten business days of a material change to the information.(4) A utility valuation expert who wishes to be removed from the list maintained by the commission under this subsection must file a letter with the commission requesting to be removed from the list. This letter must be filed under the control number designated for that purpose. The commission will acknowledge the removal request in writing.(d) Notice of intent to determine fair market value.(1) A selling utility and an acquiring utility that agree to use the fair market valuation process described in subsection (f) of this section must file a notice of intent to determine fair market value in the control number designated for that purpose.(2) The notice of intent must include the following:(A) The name and certificate of convenience and necessity (CCN) number of the acquiring utility. If the acquiring utility holds multiple CCN numbers, the acquiring utility must provide all the CCN numbers.(B) The name and contact information of the acquiring utility's representative.(C) The number of connections served by the acquiring utility.(D) The name and CCN number of the selling utility.(E) The name and contact information of the selling utility's representative.(F) The number of connections served by the selling utility.(G) The estimated closing date of the planned acquisition.(H) A list of the utility valuation experts on the commission's list of qualified experts who, as of the date of the notice of intent, are precluded under subsection (e)(2)(B) of this section from performing an appraisal of the transaction.(3) The notice of intent must not include the purchase price agreed upon by the acquiring utility and the selling utility.(e) Selection of utility valuation experts.(1) The commission's executive director or the executive director's designee will select three utility valuation experts from the list maintained under subsection (c) of this section no later than 30 days after the filing of a notice of intent to determine fair market value that meets the requirements of subsection (d) of this section.(2) The utility valuation experts selected under paragraph (1) of this subsection may not:(A) derive material or financial benefit from the sale other than fees for services rendered;(B) be or have been within the year preceding the date the service contract is executed a director, officer, or employee of the acquiring utility or the selling utility or an immediate family member of a director, officer, or employee of the acquiring utility or the selling utility; or(C) have received compensation under a contract for consulting or other services with the acquiring or selling utility, or executed a contract for consulting or other services with the acquiring or selling utility, within the year preceding the date the utility valuation expert is selected.(3) The commission's executive director or the executive director's designee will base the selection of utility valuation experts on the following:(A) Qualifications of the utility valuation expert.(B) Availability of the utility valuation expert during the required time frame.(C) Absence of conflicts of interest described in paragraph (2) of this subsection.(D) Other factors relevant to a utility valuation expert's ability to perform an appraisal under this section.(4) The acquiring utility must contract directly with the selected utility valuation experts and the commission will not be a party to the contract. Subsection (k)(2) of this section, which limits the amount of transaction and closing costs that may be recovered in rates, does not apply to the fees for service agreed to in the contract. If the acquiring utility and any of the utility valuation experts selected under subsection (e)(1) of this section are unable to reach agreement on the terms and conditions for performing the appraisal, including the amount of the service fee, the acquiring utility or utility valuation expert may submit a request for selection of a different utility valuation expert under the control number designated for that purpose. If the commission's executive director or the executive director's designee selects a different utility valuation expert, the time period for all utility valuation experts to submit a report under subsection (f)(5) of this section begins when the different utility valuation expert is selected.(f) Determination of fair market value.(1) The three utility valuation experts selected under subsection (e) of this section jointly must retain a licensed engineer to conduct an assessment of the tangible assets of the selling utility or the facilities to be sold to the acquiring utility.(A) The engineer may not be or have been within one year preceding the date the service contract is executed a director, officer, or employee of the acquiring utility or the selling utility or an immediate family member of a director, officer, or employee of the acquiring utility or the selling utility.(B) The engineer must provide the following information to the valuation experts:(i) Qualifications that demonstrate the engineer's ability to provide the requested assessment;(ii) The engineer's fees for other similar assessments; and(iii) Other relevant information requested by the utility valuation experts.(C) The engineer's assessment must include a separate assessment for each type of facility based on the applicable National Association of Regulatory Utility Commissioners (NARUC) account for the facility.(D) The fee charged by the engineer must be shared and paid equally by the three utility valuation experts and may be included as part of the utility valuation expert compensation under subsection (k) of this section.(2) Each utility valuation expert must perform an independent appraisal of the selling utility, including the valuation of intangible assets as appropriate, in compliance with Uniform Standards of Professional Appraisal Practice, using the cost, market, and income approaches in accordance with subsections (g) through (i) of this section.(3) The appraisal must not take into account the original sources of funding, including developer contributions or customer contributions in aid of construction, for any of the utility plant that is assessed by the engineer or the utility valuation experts.(4) The appraisal must not take into account the purchase price negotiated by the acquiring utility and the selling utility or methodologies or process used to arrive at the purchase price.(5) Each utility valuation expert must submit a completed report to the acquiring utility and the selling utility no later than 120 days after the date the commission's executive director or the executive director's designee selects the utility valuation expert under subsection (e) of this section. Before the submission of the report, the acquiring and selling utilities must review the report for mathematical and factual errors, and notify the utility valuation expert of any mathematical any factual errors they identify. The utility valuation expert may promptly revise the report in response to the utilities' notification.(6) The ratemaking rate base established under this section will be the rate base for the system or facilities acquired in the transaction.(g) Cost approach.(1) A cost approach appraisal performed under this section must be based on one of the following:(A) the investment required to replace or reproduce future service capability; or(B) the original cost of the facilities as adjusted for depreciation.(2) A cost approach appraisal performed under this section must:(A) incorporate the results of the assessment performed by the engineer selected under subsection (f)(1) of this section;(B) exclude from consideration overhead costs, future improvements, and going concern value; and(C) use a consistent rate of inflation for all classes of assets unless use of different rates is reasonably justified.(h) Income approach.(1) An income approach appraisal performed under this section must be based on one of the following:(A) capitalization of earnings or cash flow; or(B) the discounted cash flow method.(2) An income approach appraisal performed under this section must exclude consideration of the following:(A) going concern value;(B) future capital improvements; and(C) erosion of cash flow or erosion on return.(3) An income approach appraisal performed under this section must be supported by the following:(A) an explanation of how the capitalization rate was calculated, if a capitalization rate was used;(B) an explanation of the basis for the discount rates used; and(C) an explanation of the capital structure, cost of equity and cost of debt used.(i) Market approach.(1) A market approach appraisal performed under this section must be based on the following:(A) the current connection count of the selling utility at the time of the appraisal;(B) use of a proxy group that includes companies that have made acquisitions that were not based on a fair market valuation methodology; or(C) comparable sales that did not include the value of future capital improvement projects in the selling price.(2) A market approach appraisal performed under this section must not consider the following:(A) a net book financials multiplier or speculative growth adjustments;(B) the value of future capital improvement projects; or(C) a value or adjustment for the goodwill of the selling utility.(j) Contents of utility valuation expert report. A report submitted under paragraph (f)(5) of this section must include:(1) a copy of the service contract executed by the utility valuation expert and the acquiring and selling utilities;(2) the fee charged by the utility valuation expert along with documentation supporting the amount of the fee;(3) a copy of the engineer's report, including a detailed list of the utility plant assessed by the engineer;(4) an explanation of how the cost, market, and income approaches were incorporated into the calculation of the fair market value of the selling utility or the selling utility's facilities; and(5) a notarized affidavit stating that:(A) the appraisals described in the report were conducted in compliance with the most recent edition of the Uniform Standards of Professional Appraisal Practice;(B) the utility valuation expert will not derive material or financial benefit from the sale other than the fee for services rendered;(C) the utility valuation expert is not currently and was not within the year preceding the date of the contract for service executed between the utility valuation expert and the acquiring and selling utilities, a director, officer, or employee of the acquiring utility or the selling utility or an immediate family member of a director, officer, or employee of the acquiring utility or the selling utility; and(D) the utility valuation expert did not receive compensation under a contract for consulting or other services with the acquiring utility or selling utility, or execute a contract for consulting or other services with the acquiring or selling utility, within the year preceding the date the utility valuation expert was selected to perform the appraisal that is the subject of the report.(k) Transaction and closing costs.(1) A fee paid to a utility valuation expert to perform an appraisal under subsection (f) of this section may be included in the transaction and closing costs associated with a transaction approved under §24.239 of this title, relating to Sale, Transfer, Merger, Consolidation, Acquisition, Lease or Rental.(2) The commission will review the transaction and closing costs, including fees paid to utility valuation experts, in the rate case in which the acquiring utility requests rate recovery of those costs. The fee amounts included in transaction and closing costs that are recoverable in the acquiring utility's rates may not exceed the lesser of:(A) five percent of the fair market value; or(B) the fee amounts approved by the commission in the rate case in which the acquiring utility requests rate recovery of the transaction and closing costs.", "sourceNote": "Source Note: The provisions of this §24.238 adopted to be effective August 20, 2020, 45 TexReg 5627; amended to be effective September 5, 2024, 49 TexReg 6741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227097", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.239", "label": "Sale, Transfer, Merger, Consolidation, Acquisition, Lease, or Rental" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227098", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. A water supply or sewer service corporation or a water and sewer utility owned by an entity required to possess a certificate of convenience and necessity (CCN) must comply with this section. A municipality, district, or political subdivision may, but is not required to, comply with this section.(b) Notice and filing requirements for commission approval of the transaction to proceed. No later than 120 days before the effective date of any sale, transfer, merger, consolidation, acquisition, lease, or rental, an applicant must file an application with the commission and give public notice of the transaction in accordance with this section. Notice is considered given under this subsection on the later of:(1) the last date the applicant mailed the required notice as stated in the applicant's affidavit of notice; or(2) the last date of the publication of the notice in the newspaper as stated in the affidavit of publication, if required.(c) Transaction involving a municipal utility system. A transaction involving the sale of a municipal utility system to an entity to which this section applies must comply with this subsection. For purposes of this subsection, a municipal utility system means one or more retail water or sewer utility systems that comprise all or part of the facilities used by a municipally owned utility to provide retail water or sewer utility service. If the municipal utility system being acquired does not include all of the facilities used by the municipally owned utility to provide retail water or sewer utility service, the applicant must provide sufficient detail in its application to identify the specific retail water or utility systems and facilities being acquired. (1) A water supply or sewer service corporation or a water and sewer utility required to possess a CCN may purchase a municipal utility system if: (A) the sale has been authorized by a majority vote of the qualified voters of the municipality in an election held by the governing body of the municipality in the manner provided for bond elections in the municipality including, if applicable, Tex. Gov't Code Title 9, Subtitle C, Chapter 1251; or(B) the Texas Commission on Environmental Quality (TCEQ) has issued a notice of violation to the municipality for one or more of the retail water or sewer systems that comprise the municipal utility system, and the governing body of the municipality finds by official action that the municipality is either financially or technically unable to restore the retail water or sewer system or systems to compliance with the rules or statutes cited in the notice of violation. For purposes of this section, any official written notification from the TCEQ, such as a notice of violation letter, a notice of enforcement letter, or a field citation, that a retail water or sewer system is out of compliance with a rule or statute within the TCEQ's jurisdiction will be considered a notice of violation. (2) For a sale authorized under paragraph (1)(A) of this subsection, the applicant must include with its application documentation that the sale was authorized by a majority vote in compliance with the requirements of this section. (3) For a sale authorized under paragraph (1)(B) of this subsection, the applicant must provide notice to the TCEQ of the transaction in writing. For a sale authorized under paragraph (1)(B) of this subsection, the applicant must also include the following information to the commission as a part of its application:(A) a copy of the notice of violation issued by the TCEQ involving the municipal utility system;(B) a copy of the written notice provided to the TCEQ as required by this paragraph; and(C) documentation of the official action taken by the governing body of the municipality finding the municipality is financially or technically unable to restore the municipal utility system to compliance with the rules or statutes cited in the notice of violation.(d) Intervention period. The intervention period for an application filed under this section must not be less than 30 days. The presiding officer may order a shorter intervention period for good cause shown.(e) Notice. (1) Unless notice is waived by the commission, proper notice must be given to affected customers and to other affected parties as required by the commission on the form prescribed by the commission. The notice must include the following:(A) the name and business address of the utility currently holding the CCN (transferor) and the retail public utility or person that will acquire the facilities or CCN (transferee);(B) a description of the requested area;(C) the following statement: \"Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission, P.O. Box 13326, Austin, Texas 78711-3326, or call the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas at 1-800-735-2989. The deadline for intervention in the proceeding is (date 30 days from the mailing or publication of notice, whichever occurs later, unless otherwise provided by the presiding officer). If you wish to intervene, the commission must receive your letter requesting intervention or motion to intervene by that date; and(D) if the transferor is a nonfunctioning utility with a temporary rate in effect and the transferee is requesting that the temporary rate remain in effect under TWC §13.046(d), the following information:(i) the temporary rates currently in effect for the nonfunctioning utility; and(ii) the duration of time for which the transferee is requesting that the temporary rates remain in effect.(E) if the transferor is a municipality, the notice must also provide the following information as an attachment, as applicable: (i) If subsection (c)(1)(A) of this section applies, a statement describing the details of the authorizing election, including the date and outcome of the election and the text of the applicable ballot provision. (ii) If subsection (c)(1)(B) of this section applies, a statement:(I) indicating that the TCEQ has issued a notice of violation for one or more systems within the municipal utility system and that the governing board of the municipality has found that it is either financially or technically unable to restore the system to compliance with the applicable rules or statutes;(II) providing a basic description of the violations cited in the notice of violation, including the systems involved, the nature of the violations, and the rules or statutes cited in the notice of violation; and(III) describing the details of the official action of the governing board including the date and forum in which the official action was taken and how to locate a transcript or recording of the official action, if available.(2) The transferee must mail the notice to cities and neighboring retail public utilities providing the same utility service whose corporate limits or certificated service area boundaries are within two miles from the outer boundary of the requested area, and any city with an extraterritorial jurisdiction that overlaps the requested area. (3) The commission may require the transferee to publish notice once each week for two consecutive weeks in a newspaper of general circulation in each county in which the retail public utility being transferred is located. The commission may allow published notice in lieu of individual notice as required by paragraph (2) of this subsection. (4) The commission may waive published notice if the requested area does not include unserved area, or for good cause shown.(f) Fair market valuation. An application filed under this section for approval of a transaction that includes a fair market valuation of the transferee or the transferee's facilities must follow the process established in §24.238 of this title (relating to Fair Market Valuation).(g) A retail public utility or person that files an application under this section to purchase, transfer, merge, acquire, lease, rent, or consolidate a utility or system must demonstrate adequate financial, managerial, and technical capability for providing continuous and adequate service to the requested area and any area already being lawfully served by the transferee, including the area in the transferee's certificated service area, as required by §24.227(a) of this chapter (relating to Criteria for Granting or Amending a Certificate of Convenience and Necessity).(h) If the transferee cannot demonstrate adequate financial capability, the commission may require that the transferee provide financial assurance to ensure continuous and adequate retail water or sewer utility service is provided to both the requested area and any area already being served under the transferee's existing CCN. The commission will set the amount of financial assurance. The form of the financial assurance must meet the requirements of §24.11 of this title (relating to Financial Assurance). The obligation to obtain financial assurance under this title does not relieve an applicant from any requirements to obtain financial assurance to satisfy another state agency's rules.(i) The commission will, with or without a public hearing, investigate the sale, transfer, merger, consolidation, acquisition, lease, or rental to determine whether the transaction will serve the public interest. If the commission decides to hold a hearing, or if the transferee fails either to file the application as required or, except for an expedited application under subsection (u) of this section, to provide public notice, the transaction proposed in the application may not be completed unless the commission determines that the proposed transaction serves the public interest.(j) Before the expiration of the 120-day period described in subsection (b) of this section, the commission will determine whether to require a public hearing to determine if the transaction will serve the public interest. The commission will notify the transferee, the transferor, all intervenors, and the Office of Public Utility Counsel whether a hearing will be held. The commission may consider the following factors when determining whether a hearing is required:(1) the application filed with the commission or the public notice was improper; (2) the transferee has not demonstrated adequate financial, managerial, and technical capability for providing continuous and adequate service to the requested area and any area already being served under the transferee's existing CCN;(3) the transferee has a history of:(A) noncompliance with the requirements of the TCEQ, the commission, or the Texas Department of State Health Services; or (B) continuing mismanagement or misuse of revenues as a utility service provider; (4) the transferee cannot demonstrate the financial ability to provide the necessary capital investment to ensure the provision of continuous and adequate service to the requested area; or(5) there are concerns that the transaction does not serve the public interest based on consideration of the following factors:(A) the adequacy of service currently provided to the requested area; (B) the need for additional service in the requested area;(C) the effect of approving the transaction on the transferee, the transferor, and any retail public utility of the same kind already serving the area within two miles of the boundary of the requested area;(D) the ability of the transferee to provide adequate service;(E) the feasibility of obtaining service from an adjacent retail public utility; (F) the financial stability of the transferee, including, if applicable, the adequacy of the debt-equity ratio of the transferee if the transaction is approved;(G) environmental integrity; (H) the probable improvement of service or lowering of cost to consumers in the requested area resulting from approving the transaction; and(I) whether the transferor or the transferee has failed to comply with any commission or TCEQ order. The commission may refuse to approve a sale, transfer, merger, consolidation, acquisition, lease, or rental if conditions of a judicial decree, compliance agreement, or other enforcement order have not been substantially met.(k) If the commission does not require a public hearing, the sale, transfer, merger, consolidation, acquisition, lease, or rental may be completed as proposed:(1) at the end of the 120-day period described in subsection (a) of this section; or(2) at any time after the transferee receives notice from the commission that a hearing will not be required.(l) Within 30 days of the commission order that approves the sale, transfer, merger, consolidation, acquisition, lease, or rental to proceed as proposed, the transferee must provide a written update on the status of the transaction, and every 30 days thereafter, until the transaction is complete. The transferee must inform the commission of any material changes in its financial, managerial, and technical capability to provide continuous and adequate service to the requested area and the transferee's service area.(m) If there are outstanding customer deposits, within 30 days of the actual effective date of the transaction, the transferor and the transferee must file with the commission, the following information supported by a notarized affidavit: (1) the names and addresses of all customers who have a deposit on record with the transferor;(2) the date such deposit was made;(3) the amount of the deposit; and(4) the unpaid interest on the deposit. All such deposits must be refunded to the customer or transferred to the transferee, along with all accrued interest.(n) Within 30 days after the actual effective date of the transaction, the transferee and the transferor must file a signed contract, bill of sale, or other appropriate documents as evidence that the transaction has closed as proposed. The signed contract, bill of sale, or other documents, must be signed by both the transferor and the transferee. If there were outstanding customer deposits, the transferor and the transferee must also file documentation that customer deposits have been transferred or refunded to the customers with interest as required by this section.(o) Except as otherwise provided by this section, the commission order granting approval for the transaction to proceed expires 180 days after the date the order is issued. If the transaction has not been completed within the 180-day period, the commission's approval to proceed with the transaction will expire by operation of law unless, prior to the expiration of the 180-day period, the commission in writing extends the period.(p) If the commission does not require a hearing, and the transaction is completed as proposed, the commission may issue the final order approving the transaction.(q) A sale, transfer, merger, consolidation, acquisition, lease, or rental of any water or sewer system or retail public utility required by law to possess a CCN, or transfer of customers or service area, owned by an entity required by law to possess a CCN that is not completed in accordance with the provisions of TWC §13.301 is void.(r) The requirements of TWC §13.301 do not apply to:(1) the purchase of replacement property;(2) a transaction under TWC §13.255; or(3) foreclosure on the physical assets of a utility.(s) This subsection applies if a utility's facility or system is sold and the utility's facility or system was partially or wholly constructed with customer contributions in aid of construction derived from specific surcharges approved by the regulatory authority over and above revenues required for normal operating expenses and return. This subsection does not apply to a utility facility or system sold as part of a transaction where the transferor and transferee elected to use the fair market valuation process set forth in §24.238 of this title (relating to Fair Market Valuation).(1) The utility may not sell or transfer any of its assets, its CCN, or a controlling interest in an incorporated utility, unless the utility provides a written disclosure relating to the contributions to both the transferee and the commission before the date of the sale or transfer. (2) The disclosure must contain, at a minimum, the total dollar amount of the contributions and a statement that the contributed property or capital may not be included in invested capital or allowed depreciation expense by the regulatory authority in rate-making proceedings. (t) For any transaction subject to this section, the retail public utility that proposes to sell, transfer, merge, acquire, lease, rent, or consolidate its facilities, customers, service area, or controlling interest must provide the other party to the transaction a copy of this section before signing an agreement to sell, transfer, merge, acquire, lease, rent, or consolidate its facilities, customers, service area, or controlling interest.(u) Special requirements for certain transactions. For a transaction under this section that involves a nonfunctioning system to which a temporary manager has been appointed under §24.357 of this title (relating to Temporary Manager Appointment, Powers, and Duties), upon final commission approval of the transaction, the temporary manager's appointment and temporary manager's fee must be terminated.(v) Expedited acquisition of assets. An eligible applicant may apply for the expedited acquisition of the assets and, if applicable, the certificated service area of a utility in accordance with this subsection.(1) Eligibility. To be eligible for expedited acquisition under this subsection, an applicant must meet the criteria in subparagraphs (A) and (B) of this paragraph.(A) Prior to filing an application for expedited acquisition, an applicant must, for the utility being acquired, be either:(i) a person appointed by the commission or TCEQ as a temporary manager or supervisor; or(ii) appointed as a receiver at the request of the commission or TCEQ.(B) In addition to meeting one of the criteria under subparagraph (A) of this paragraph, an applicant must also be either:(i) a Class A utility;(ii) a Class B utility;(iii) a municipally owned utility;(iv) a county;(v) a water supply or sewer service corporation;(vi) a public utility agency; or(vii) a district or river authority.(2) Application. (A) An application filed by an eligible applicant under paragraph (1) of this subsection must comply with the requirements of this section, except that the following are waived:(i) any public notice requirements required by this chapter, regardless of whether the person elects to charge initial rates in accordance with §24.240 of this title or use a voluntary valuation determined under §24.238 of this title; and(ii) as applicable, any requirements of this chapter that do not apply to an entity over which the utility commission does not have original rate jurisdiction.(B) An applicant's appointment as a temporary manager, supervisor, or receiver of the utility subject to the application is sufficient to demonstrate adequate financial, managerial, and technical capability for providing continuous and adequate service to:(i) the service area to be acquired; and (ii) any areas currently certificated to the applicant or, as applicable to municipally owned utilities or districts, any areas being served by the applicant within jurisdictional boundaries.(3) Commission approval and effects of approval.(A) The commission will approve an application under this subsection if the commission considers the transaction to be in the public interest in accordance with the processes specified under Texas Water Code §13.246 and §13.301, and subsections (i) and (j) of this section. In determining whether the transaction is in the public interest, the commission may also consider whether the applicant is currently in compliance with commission rules, orders, and other applicable laws. (B) The commission will approve an application under this subsection without the signature of the owner of the utility being acquired that is required by other law if the utility owner has abandoned operation of the facilities that are the subject of the transaction and cannot be located, or does not respond to an application filed under this subsection.(C) Unless otherwise specified by §24.363 of this title (relating to Temporary Rates for Services Provided for a Nonfunctioning System), the applicant acquiring the utility may seek recovery of all used and useful invested capital and just and reasonable operations and maintenance costs incurred during the applicant's appointment term as a regulatory asset in the applicant's next comprehensive rate proceeding under §24.41 of this title (relating to Cost of Service) or system improvement charge application under §24.76 of this title (relating to System Improvement Charge).", "sourceNote": "Source Note: The provisions of this §24.239 adopted\r\nto be effective October 17, 2018, 43 TexReg 6826; amended to be effective\r\nAugust 20, 2020, 45 TexReg 5627; amended to be effective March 29,\r\n2023, 48 TexReg 1629; amended to be effective January 1, 2026, 50\r\nTexReg 8561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227098", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.240", "label": "Water and Sewer Utility Rates After Acquisition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to a person who files an application with the commission under Texas Water Code (TWC) §13.301(a) and a request for authorized acquisition rates under TWC §13.3011. For purposes of this section, the term \"transaction\" is used to align with its usage in the procedural provisions of §24.239 of this title (relating to Sale, Transfer, Merger, Consolidation, Acquisition, Lease, or Rental).(b) Definitions. In this section, the following definitions apply unless the context indicates otherwise.(1) Authorized acquisition rates--Initial rates that are in force and shown in a tariff filed with a regulatory authority for the transferee for another water or sewer system owned by the transferee on the date an application is filed for the acquisition of a water or sewer system under §24.239 of this title. (2) Existing rates--Rates a transferor charged its customers under a tariff filed with a regulatory authority prior to the water system or sewer system being acquired.(3) Initial rates--Rates charged by a transferee to the customers of an acquired water or sewer system upon final commission approval of the transaction. An initial rate may be an existing rate, an authorized acquisition rate, or a rate authorized by other applicable law.(c) Initial Rates.(1) A transferee must use existing rates as initial rates unless the commission authorizes, under this section or other applicable law, the use of different initial rates. (2) A transferee may request commission approval to charge authorized acquisition rates to the customers of the water or sewer system for which the transferee seeks approval to acquire as part of an application filed in accordance with §24.239 of this title. (3) If the transferee has in-force tariffs filed with multiple regulatory authorities, there is a rebuttable presumption that authorized acquisition rates should be based upon an in-force tariff that was approved by the same regulatory authority that has original jurisdiction over the rates charged to the acquired customers. (4) Phased-in rates. If the in-force tariff contains rates that are phased in over time, the provisions of this paragraph apply. (A) Unless determined otherwise by the commission, the schedule in the tariff for the effective period of each phase will be applied to the customers of the acquired water or sewer system. To moderate the effects of a rate increase on customers, the commission may approve authorized acquisition rates that start customers of the acquired water or sewer system on an earlier phase than is in place for the customers to which the tariff already applies or establish a different schedule for the effective period of each phase.(B) The transferee's application must include financial projections, rate schedules, and billing comparisons, consistent with the requirements of subsection (d) of this section, for each phase in the in-force tariff. (C) The commission's review of whether the authorized acquisition rates are just and reasonable under subsection (f) of this section will include an evaluation of whether the final phase of the requested rates are just and reasonable. (5) Public interest determination. If a transaction includes a request by the transferee to charge authorized acquisition rates, the commission will consider whether approving such rates would serve the public interest. (d) Application. In addition to other applicable requirements, a request for authorized acquisition rates in a §24.239 proceeding must include the following: (1) a rate schedule showing the existing rates and the requested authorized acquisition rates;(2) financial projections including a comparison of expected revenues under the acquired water or sewer system's existing rates and the requested authorized acquisition rates;(3) a billing comparison for usage of 5,000 and 10,000 gallons at existing rates and the requested authorized acquisition rates; (4) documentation from the most recent base rate case in which the rates that the transferee is requesting to use as authorized acquisition rates were approved; this documentation must be sufficient to allow the commission to evaluate what was included in the revenue requirement for the requested rates and, if available online, may consist solely of a web address where the documentation can be located and the applicable docket number or any other information required to locate the documentation; (5) a disclosure of whether the transferor and transferee are or have been affiliates in the five-year period before the proposed acquisition, and the nature of each applicable affiliate relationship;(6) additional explanation, including any applicable documentation, supporting the request to charge authorized acquisition rates, including:(A) that the requested authorized acquisition rates would be just and reasonable rates for the customers of the acquired system and for the transferee;(B) how approving the requested rates would change how the commission should evaluate whether the proposed transaction would serve the public interest; (C) if the transferee has multiple eligible in-force tariffs or rate schedules, a list of eligible tariffs or rate schedules and an explanation for the tariff or rate schedules the transferee proposes to use for authorized acquisition rates;(D) if the transferor and transferee are affiliates or have been affiliates in the five-year period before the proposed acquisition, the application must also include an explanation for why the transferee is requesting to charge authorized acquisition rates instead of using other available ratemaking proceedings. (e) Notice requirements. Unless the commission waives notice in accordance with other applicable law, a transferee requesting approval to charge authorized acquisition rates under this section must, as part of the notice provided under §24.239 of this title, also provide notice of the information outlined in this subsection. Commission staff must incorporate this information into the notice provided to the transferee for distribution after the application is determined to be administratively complete.(1) How intervention differs from protesting a rate increase.(2) A rate schedule showing the existing rates and the authorized acquisition rates.(3) A billing comparison for usage of 5,000 and 10,000 gallons at existing rates and authorized acquisition rates.(f) Commission review. The commission will, with or without a public hearing, investigate the request for authorized acquisition rates to determine whether the requested rates are just and reasonable for the acquired customers and the transferee. That a regulatory authority has determined that the requested rates are just and reasonable for a water or sewer system to which the rates already apply is not, in itself, sufficient to conclude that the requested rates are just and reasonable for the acquired water or sewer system. (1) Public hearing. As part of its determination on whether to require a public hearing on the proposed transaction under §24.239 of this title, the commission will also consider whether a hearing is required to determine if the requested authorized acquisition rates are just and reasonable. (A) If the commission requires a public hearing under this section or §24.239 of this title, the request to charge authorized acquisition rates will not be approved unless the commission determines that the requested rates are just and reasonable. (B) If the commission does not require a public hearing under this section or §24.239 of this title, and the transferee has complied with the notice provisions of this section, the request to charge authorized acquisition rates will be approved in the commission's order approving the transaction. This subparagraph does not apply if the commission does not approve the transaction. (2) Scope of rate review. The commission will determine whether the requested rates are just and reasonable based on the relevant facts and circumstances, subject to the limitations of subparagraph (A) of this paragraph. (A) The transferee is not required to support its request for authorized acquisition rates by initiating a rate proceeding, establishing the cost of service for the acquired water or sewer system, or establishing substantial similarity between the acquired water or sewer system and the water or sewer system to which the requested rates already apply. The transferee is also not required to defend the reasonableness of the requested rates, or any individual component of those rates, with respect to any water or sewer system to which the rates already apply.(B) The commission may consider whether any charges or significant components of the requested authorized acquisition rates (e.g., local or system-specific charges, pass throughs, etc.) would be unjust or unreasonable if applied to the acquired water or sewer system. The commission may also consider evidence of whether the customers of the acquired water or sewer system are currently receiving continuous and adequate service. The commission may also consider evidence of whether the requested rates are generally consistent with the rates charged to similar water or sewer systems. The commission's review is not limited to the factors enumerated in this subparagraph.", "sourceNote": "Source Note: The provisions of this §24.240 adopted\r\nto be effective April 10, 2024, 49 TexReg 2185; amended to be effective\r\nJanuary 1, 2026, 50 TexReg 8561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192979", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.241", "label": "Foreclosure and Bankruptcy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227099", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a utility that is required by law to possess a certificate of convenience and necessity (CCN) receives notice that all or a portion of the utility's or system's facilities or property used to provide utility service is being posted for foreclosure, the utility shall notify the commission in writing of that fact and shall provide a copy of the foreclosure notice to the commission not later than the tenth day after the date on which the retail public utility or system receives the notice.(b) A person other than a financial institution that forecloses on facilities used to provide utility service shall not charge or collect rates for providing retail public water or sewer service unless the person has a completed application for a CCN or to transfer the current CCN on file with the commission within 30 days after the foreclosure is completed.(c) A financial institution that forecloses on a utility or on any part of the utility's facilities or property that are used to provide utility service is not required to provide the 120-day notice prescribed by TWC §13.301, but shall provide written notice to the commission before the 30th day preceding the date on which the foreclosure is completed.(d) The financial institution may operate the utility for an interim period not to exceed 12 months before selling, transferring, merging, consolidating, acquiring, leasing, or renting its facilities or otherwise obtaining a CCN unless the commission in writing extends the time period for good cause shown. A financial institution that operates a utility during an interim period under this subsection is subject to each commission rule to which the utility was subject and in the same manner.(e) Not later than the 48th hour after a retail public utility files a bankruptcy petition, the retail public utility shall report this fact to the commission and the TCEQ in writing.", "sourceNote": "Source Note: The provisions of this §24.241 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227099", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.243", "label": "Purchase of Voting Stock or Acquisition of a Controlling Interest in a Utility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225406", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A utility may not purchase voting stock, and a person may not acquire a controlling interest, in a utility doing business in this state unless the utility or person files a written application with the commission no later than the 61st day before the date on which the transaction is to occur. A controlling interest is defined as: (1) a person or a combination of a person and the person's family members that possess at least 50% of a utility's voting stock; or (2) a person that controls at least 30% of a utility's voting stock and is the largest stockholder.(b) A person acquiring a controlling interest in a utility is required to demonstrate adequate financial, managerial, and technical capability for providing continuous and adequate service to the requested area and to the person's certificated service area, if any.(c) If the person acquiring a controlling interest cannot demonstrate adequate financial capability, the commission may require the person to provide financial assurance to ensure continuous and adequate utility service is provided to the service area. The commission will set the amount of financial assurance. The form of the financial assurance must be as specified in §24.11 of this title relating to Financial Assurance. The obligation to obtain financial assurance under this chapter does not relieve an applicant from any requirements to obtain financial assurance in satisfaction of another state agency's rules.(d) The commission may require a public hearing on the transaction if a criterion prescribed by §24.239 of this title relating to Sale, Transfer, Merger, Consolidation, Acquisition, Lease, or Rental applies.(e) Unless the commission requires that a public hearing be held, the purchase or acquisition may be completed as proposed:(1) at the end of the 60-day period; or(2) at any time after the commission notifies the person or utility that a hearing will not be required.(f) If a hearing is required or if the person or utility fails to make the application to the commission as required, the purchase of voting stock or acquisition of a controlling interest may not be completed unless the commission determines that the proposed transaction serves the public interest. A purchase or acquisition that is not completed in accordance with the provisions of this section is void.(g) The utility or person must notify the commission within 30 days after the date that the transaction is completed.(h) Within 30 days of the commission order that allows a utility's purchase of voting stock or a person's acquisition of a controlling interest to proceed as proposed, the utility purchasing voting stock or the person acquiring a controlling interest must file a written update on the status of the transaction. A written update must also be filed every 30 days thereafter, until the transaction has been completed. (i) Except as otherwise provided by this section, the commission order granting approval for the transaction to proceed expires 180 days after the date the order is issued. If the transaction has not been completed within the 180-day period, the commission's approval to proceed with the transaction will expire by operation of law unless, prior to the expiration of the 180-day period, the commission in writing extends the period.(j) Expedited acquisition of voting stock or controlling interest. An eligible applicant may apply for the expedited acquisition of the voting stock or controlling interest and, if applicable, the certificated service area of a utility in accordance with this subsection. (1) Eligibility. To be eligible for expedited acquisition under this subsection, an applicant must meet the criteria in subparagraphs (A) and (B) of this paragraph.(A) Prior to filing an application for expedited acquisition, an applicant must, for the utility being acquired, be either:(i) a person appointed by the commission or TCEQ as a temporary manager or supervisor; or(ii) appointed as a receiver at the request of the commission or TCEQ.(B) In addition to meeting one of the criteria under subparagraph (A) of this paragraph, an applicant must also be either:(i) a Class A utility;(ii) a Class B utility;(iii) a municipally owned utility;(iv) a county;(v) a water supply or sewer service corporation;(vi) a public utility agency; or(vii) a district or river authority.(2) Application. (A) An application filed by an eligible applicant under paragraph (1) of this subsection must comply with the requirements of this section, except that the following are waived:(i) any public notice requirements required by this chapter, regardless of whether the person elects to charge initial rates in accordance with §24.240 of this title (relating to Water and Sewer Utility Rates After Acquisition) or use a voluntary valuation determined under §24.238 of this title (relating to Fair Market Valuation); and(ii) as applicable, any requirements of this chapter that do not apply to an entity over which the commission does not have original rate jurisdiction.(B) An applicant's appointment as a temporary manager, supervisor, or receiver of the utility subject to the application is sufficient to demonstrate adequate financial, managerial, and technical capability for providing continuous and adequate service to:(i) the service area to be acquired; and (ii) any areas currently certificated to the applicant or, as applicable to municipally owned utilities or districts, any areas being served by the applicant.(3) Commission approval and effects of approval.(A) The commission will approve an application under this subsection if the commission considers the transaction to be in the public interest in accordance with the processes specified under Texas Water Code §13.246 and §13.301. In determining whether the transaction is in the public interest, the commission may also consider whether the applicant is currently in compliance with commission rules, orders, and other applicable law.(B) The commission will approve an application under this subsection without the signature of the owner of the utility being acquired that is required by other law if the utility owner has abandoned operation of the facilities that are the subject of the transaction and cannot be located, or does not respond to an application filed under this subsection.(C) Unless otherwise specified by §24.363 of this title (relating to Temporary Rates for Services Provided for a Nonfunctioning System), the applicant acquiring the utility may seek recovery of all used and useful invested capital and just and reasonable operations and maintenance costs incurred during the applicant's appointment term as a regulatory asset in the applicant's next comprehensive rate proceeding under §24.41 of this title (relating to Cost of Service) or system improvement charge application under §24.76 of this title (relating to System Improvement Charge).", "sourceNote": "Source Note: The provisions of this §24.243 adopted\r\nto be effective October 17, 2018, 43 TexReg 6826; amended to be effective\r\nAugust 20, 2020, 45 TexReg 5627; amended to be effective January 1,\r\n2026, 50 TexReg 8561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225406", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.245", "label": "Revocation of a Certificate of Convenience and Necessity or Amendment of a Certificate of Convenience and Necessity by Decertification, Expedited Release, or Streamlined Expedited Release" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192982", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to proceedings for revocation or amendment by decertification, expedited release, or streamlined expedited release of a certificate of convenience and necessity (CCN).(b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise:(1) Alternate retail public utility--The retail public utility from which a landowner plans to receive service after the landowner obtains expedited release under subsection (f) of this section. (2) Amendment--The change of a CCN to remove a portion of a service area by decertification amendment, expedited release, or streamlined expedited release.(3) Current CCN holder--An entity that currently holds a CCN to provide service to an area for which revocation or amendment is sought.(4) Decertification amendment--A process by which a portion of a certificated service area is removed from a CCN, other than expedited release or streamlined expedited release.(5) Expedited Release--Removal of a tract of land from a CCN area under Texas Water Code (TWC) §13.254(a-1).(6) Former CCN holder--An entity that formerly held a CCN to provide service to an area that was removed from the entity's service area by revocation or amendment.(7) Landowner--The owner of a tract of land who files a petition for expedited release or streamlined expedited release.(8) Prospective retail public utility--A retail public utility seeking to provide service to a removed area.(9) Removed area--Area that will be or has been removed under this section from a CCN.(10) Streamlined Expedited Release--Removal of a tract of land from a CCN area under TWC §13.2541.(c) Provisions applicable to all proceedings for revocation, decertification amendment, expedited release, or streamlined expedited release.(1) An order of the commission issued under this section does not transfer any property, except as provided under subsection (l) of this section.(2) A former CCN holder is not required to provide service within a removed area.(3) If the CCN of any retail public utility is revoked or amended by decertification, expedited release, or streamlined expedited release, the commission may by order require one or more other retail public utilities to provide service to the removed area, but only with the consent of each retail public utility that is to provide service.(4) A retail public utility, including an alternate retail public utility, may not in any way render retail water or sewer service directly or indirectly to the public in a removed area unless any compensation due has been paid to the former CCN holder and a CCN to serve the area has been obtained, if one is required.(d) Revocation or amendment by decertification.(1) At any time after notice and opportunity for hearing, the commission may revoke any CCN or amend any CCN by decertifying a portion of the service area if the commission finds that any of the circumstances identified in this paragraph exist.(A) The current CCN holder has never provided, is no longer providing, is incapable of providing, or has failed to provide continuous and adequate service in all or part of the certificated service area. If the current CCN holder opposes revocation or decertification amendment on one of these bases, it has the burden of proving that it is, or is capable of, providing continuous and adequate service.(B) The current CCN holder is in an affected county as defined in TWC §16.341, and the cost of providing service by the current CCN holder is so prohibitively expensive as to constitute denial of service. Absent other relevant factors, for commercial developments or residential developments started after September 1, 1997, the fact that the cost of obtaining service from the current CCN holder makes the development economically unfeasible does not render such cost prohibitively expensive.(C) The current CCN holder has agreed in writing to allow another retail public utility to provide service within its certificated service area or a portion of its service area, except for an interim period, without amending its CCN.(D) The current CCN holder failed to apply for a cease-and-desist order under TWC §13.252 and §24.255 of this title (relating to Content of Request for Cease and Desist Order by the Commission under TWC §13.252) within 180 days of the date that the current CCN holder became aware that another retail public utility was providing service within the current CCN holder's certificated service area, unless the current CCN holder proves that good cause exists for its failure to timely apply for a cease-and-desist order.(E) The current CCN holder has consented in writing to the revocation or amendment.(2) A retail public utility may file a written request with the commission to revoke its CCN or to amend its CCN by decertifying a portion of the service area.(A) The retail public utility must provide, at the time its request is filed, notice of its request to each customer and landowner within the affected service area of the utility.(B) The request must specify the area that is requested to be revoked or removed from the CCN area.(C) The request must address the effect of the revocation or decertification amendment on the current CCN holder, any existing customers, and landowners in the affected service area.(D) The request must include the mapping information required by §24.257 of this title (relating to Mapping Requirements for Certificate of Convenience and Necessity Applications).(E) The commission may deny the request to revoke or amend a CCN if existing customers or landowners will be adversely affected.(F) If a retail public utility's request for decertification amendment or revocation by consent under this paragraph is granted, the retail public utility is not entitled to compensation from a prospective retail public utility.(3) The commission may initiate a proceeding to revoke a CCN or decertify a portion of a service area on its own motion or upon request of commission staff.(4) The current CCN holder has the burden to establish that it is, or is capable of, providing continuous and adequate service and, if applicable, that there is good cause for failing to file a cease and desist action under TWC §13.252 and §24.255 of this title.(e) Decertification amendment for a municipality's service area. After notice to a municipality and an opportunity for a hearing, the commission may decertify an area that is located outside the municipality's extraterritorial jurisdictional boundary if the municipality has not provided service to the area on or before the fifth anniversary of the date the CCN was granted for the area. This subsection does not apply to an area that was transferred to a municipality's certificated service area by the commission and for which the municipality has spent public funds.(1) A proceeding to remove an area from a municipality's service area may be initiated by the commission with or without a petition.(2) A petition filed under this subsection must allege that a CCN was granted for the area more than five years before the petition was filed and the municipality has not provided service in the area.(3) A petition filed under this subsection must include the mapping information required by §24.257 of this title.(4) Notice of the proceeding to remove an area must be given to the municipality, landowners within the area to be removed, and other retail public utilities as determined by the presiding officer. (5) If the municipality asserts that it is providing service to the area, the municipality has the burden to prove that assertion.(f) Expedited release.(1) An owner of a tract of land may petition the commission for expedited release of all or a portion of the tract of land from a current CCN holder's certificated service area so that the area may receive service from an alternate retail public utility if all the following circumstances exist:(A) the tract of land is at least 50 acres in size;(B) the tract of land is not located in a platted subdivision actually receiving service;(C) the landowner has submitted a request for service to the current CCN holder at least 90 calendar days before filing the petition;(D) the alternate retail public utility possesses the financial, managerial, and technical capability to provide service as identified in the request for service provided under paragraph (5) of this subsection on a continuous and adequate basis; and(E) the current CCN holder:(i) has refused to provide service;(ii) cannot provide service as identified in the request for service provided under paragraph (5) of this subsection on a continuous and adequate basis; or(iii) conditions the provision of service on the payment of costs not properly allocable directly to the landowner's service request, as determined by the commission.(2) An owner of a tract of land may not file a petition under paragraph (1) of this subsection if the landowner's property is located in the boundaries of any municipality or the extraterritorial jurisdiction of a municipality with a population of more than 500,000 and the municipality or retail public utility owned by the municipality is the current CCN holder.(3) The landowner's desired alternate retail public utility must be:(A) an existing retail public utility; or(B) a district proposed to be created under article 16, §59 or article 3, §52 of the Texas Constitution.(4) The fact that a current CCN holder is a borrower under a federal loan program does not prohibit the filing of a petition under this subsection or authorizing an alternate retail public utility to provide service to the removed area. (5) The landowner must submit to the current CCN holder a written request for service. The request must be sent by certified mail, return receipt requested, or by hand delivery with written acknowledgement of receipt. For a request other than for standard residential or commercial service, the written request must identify the following:(A) the tract of land or portion of the tract of land for which service is sought;(B) the time frame within which service is needed for current and projected service demands in the tract of land;(C) the reasonable level and manner of service needed for current and projected service demands in the area;(D) the approximate cost for the alternate retail public utility to provide service at the same level, and in the same manner, that is requested from the current CCN holder;(E) the flow and pressure requirements and specific infrastructure needs, including line size and system capacity for the required level of fire protection requested, if any; and(F) any additional information requested by the current CCN holder that is reasonably related to determining the capacity or cost of providing service at the level, in the manner, and in the time frame, requested.(6) The landowner's petition for expedited release under this subsection must be verified by a notarized affidavit and demonstrate that the circumstances identified in paragraph (1) of this subsection exist. The petition must include the following:(A) the name of the alternate retail public utility;(B) a copy of the request for service submitted as required by paragraph (5) of this subsection;(C) a copy of the current CCN holder's response to the request for service, if any;(D) copies of deeds demonstrating ownership of the tract of land by the landowner; and(E) the mapping information described in subsection (k) of this section.(7) The landowner must mail a copy of the petition to the current CCN holder and the alternate retail public utility via certified mail on the day that the landowner files the petition with the commission. (8) The presiding officer will determine whether the petition is administratively complete. If the petition is determined not to be administratively complete, the presiding officer will issue an order describing the deficiencies in the petition and setting a deadline for the petitioner to address the deficiencies. When the petition is determined to be administratively complete, the presiding officer will establish a procedural schedule that is consistent with paragraphs (9) and (10) of this subsection. The presiding officer may recommend dismissal of the petition under §22.181(d) of this title if the petitioner fails to supplement or amend the petition within the required timeframe after the presiding officer has determined that the petition is not administratively complete.(9) The current CCN holder may file a response to the petition within a timeframe specified by the presiding officer, not to exceed 20 days from the date the petition is determined to be administratively complete. The response must be verified by a notarized affidavit.(10) The commission will grant the petition within 60 calendar days from the date the petition was found to be administratively complete unless the commission makes an express finding that the landowner failed to satisfy all of the requirements of this subsection and makes separate findings of fact and conclusions of law for each requirement based solely on the information provided by the landowner and the current CCN holder. The commission may condition the granting or denial of a petition on terms and conditions specifically related to the landowner's service request and all relevant information submitted by the landowner, the current CCN holder, and commission staff.(11) The commission will base its decision on the filings submitted by the current CCN holder, the landowner, and commission staff. Chapter 2001 of the Texas Government Code does not apply to any petition filed under this subsection. The current CCN holder or landowner may file a motion for rehearing of the commission's decision on the same timeline that applies to other final orders of the commission. The commission's order ruling on the petition may not be appealed.(12) If the current CCN holder has never made service available through planning, design, construction of facilities, or contractual obligations to provide service to the tract of land, the commission is not required to find that the alternate retail public utility can provide better service than the current CCN holder, but only that the alternate retail public utility can provide the requested service. This paragraph does not apply to Cameron, Willacy, and Hidalgo Counties or to a county that meets any of the following criteria: (A) the county has a population of more than 30,000 and less than 36,000 and borders the Red River;(B) the county has a population of more than 100,000 and less than 200,000 and borders a county described by subparagraph (A) of this paragraph;(C) the county has a population of 170,000 or more and is adjacent to a county with a population of 1.5 million or more that is within 200 miles of an international border; or(D) the county has a population of more than 40,000 and less than 50,000 and contains a portion of the San Antonio River.(13) If the alternate retail public utility is a proposed district, then the commission will condition the release of the tract of land and required CCN amendment or revocation on the final and unappealable creation of the district. The district must file a written notice with the commission when the creation is complete and provide a copy of the final order, judgment, or other document creating the district. (14) The commission may require an award of compensation to the former CCN holder under subsection (g) of this section. The determination of the amount of compensation, if any, will be made according to the procedures in subsection (g) of this section.(g) Determination of compensation to former CCN holder after revocation, decertification amendment or expedited release. The determination of the monetary amount of compensation to be paid to the former CCN holder, if any, will be determined at the time another retail public utility seeks to provide service in the removed area and before service is actually provided. This subsection does not apply to revocations or decertification amendments under subsection (d)(2) of this section or to streamlined expedited release under subsection (h) of this section.(1) After the commission has issued its order granting revocation, decertification, or expedited release, the prospective retail public utility must file a notice of intent to provide service. A notice of intent filed before the commission issues its order under subsection (d) or (f) of this section is deemed to be filed on the date the commission's order is signed.(2) The notice of intent must include the following information:(A) a statement that the filing is a notice of intent to provide service to an area that has been removed from a CCN under subsection (d) or (f) of this section;(B) the name and CCN number of the former CCN holder; and(C) whether the prospective retail public utility and former CCN holder have agreed on the amount of compensation to be paid to the former CCN holder.(3) If the former CCN holder and prospective retail public utility have agreed on the amount of compensation to be paid to the former CCN holder, they must make a joint filing with the commission within 60 days of the filing of the notice of intent to provide service. The filing must state the amount of the compensation to be paid.(4) If the former CCN holder and prospective retail public utility have not agreed on the compensation to be paid to the former CCN holder, the monetary amount of compensation must be determined by a qualified individual or firm serving as an independent appraiser as follows:(A) If the former CCN holder and prospective retail public utility have agreed on an independent appraiser, they must make a joint filing with the commission identifying the individual or firm who will be the independent appraiser and must file its appraisal with the commission within 60 days of the filing of the notice of intent. The costs of the independent appraiser must be borne by the prospective retail public utility. (B) If the former CCN holder and prospective retail public utility cannot agree on an independent appraiser within ten days of the filing of the notice of intent, the former CCN holder and prospective retail public utility must each engage its own appraiser at its own expense. Each appraiser must file its appraisal with the commission within 60 days of the filing of the notice of intent. After receiving the appraisals, the commission will appoint a third appraiser who must make a determination of compensation within 30 days. The determination by the commission-appointed appraiser may not be less than the lower appraisal or more than the higher appraisal of the appraisers engaged by the former CCN holder and prospective retail public utility. The former CCN holder and prospective retail public utility must each pay half the cost of the commission-appointed appraisal directly to the commission-appointed appraiser.(C) The appraisers must determine the amount of compensation in accordance with subsection (j) of this section.(5) The determination of compensation by the agreed-upon appraiser under paragraph (4)(A) of this subsection or the commission-appointed appraiser under paragraph (4)(B) of this subsection is binding on the commission, the landowner, the former CCN holder, and the prospective retail public utility.(6) If the former CCN holder fails to make a filing with the commission about the amount of agreed compensation, or to engage an appraiser, or to file an appraisal within the timeframes required by this subsection, the amount of compensation to be paid will be deemed to be zero. If the prospective retail public utility fails to make a filing with the commission about the amount of agreed compensation, or to engage an appraiser, or to file an appraisal within the timeframes required by this subsection, the presiding officer may recommend denial of the notice of intent to provide service to the removed area.(7) The commission will issue an order establishing the amount of compensation to be paid to the former CCN holder not later than 90 days after the date on which a retail public utility files its notice of intent to provide service to the decertified area.(h) Streamlined expedited release. (1) The owner of a tract of land may petition the commission for streamlined expedited release of all or a portion of the tract of land from the current CCN holder's certificated service area if all the following conditions are met:(A) the tract of land is at least 25 acres in size; (B) the tract of land is not receiving service of the type that the current CCN holder is authorized to provide under the applicable CCN; and (C) at least part of the tract of land is located in the current CCN holder's certificated service area and at least some of that part is located in a qualifying county.(2) A qualifying county under paragraph (1)(C) of this subsection:(A) has a population of at least 1.2 million;(B) is adjacent to a county with a population of at least 1.2 million, and does not have a population of more than 50,500 and less than 52,000; or(C) has a population of more than 200,000 and less than 233,500 and does not contain a public or private university that had a total enrollment in the most recent fall semester of 40,000 or more.(3) A landowner seeking streamlined expedited release under this subsection must file with the commission a petition and supporting documentation containing the following information and verified by a notarized affidavit:(A) a statement that the petition is being submitted under TWC §13.2541 and this subsection;(B) proof that the tract of land is at least 25 acres in size;(C) proof that at least part of the tract of land is located in the current CCN holder's certificated service area and at least some of that part is located in a qualifying county;(D) a statement of facts that demonstrates that the tract of land is not currently receiving service;(E) copies of deeds demonstrating ownership of the tract of land by the landowner;(F) proof that a copy of the petition was mailed to the current CCN holder via certified mail on the day that the landowner filed the petition with the commission; and(G) the mapping information described in subsection (k) of this section.(4) The presiding officer will determine whether the petition is administratively complete. If the petition is determined not to be administratively complete, the presiding officer will issue an order describing the deficiencies in the petition and setting a deadline for the petitioner to address the deficiencies. When the petition is determined to be administratively complete, the presiding officer will establish a procedural schedule that is consistent with paragraphs (5) and (6) of this subsection. The presiding officer may recommend dismissal of the petition if the petitioner fails to supplement or amend the petition within the required timeframe after the presiding officer has determined that the petition is not administratively complete. (5) The current CCN holder may file a response to the petition within a timeframe specified by the presiding officer, not to exceed 20 days from the date the petition is determined to be administratively complete. The response must be verified by a notarized affidavit.(6) The commission will issue a decision on a petition filed under this subsection no later than 60 calendar days after the presiding officer by order determines that the petition is administratively complete. The commission will base its decision on the information filed by the landowner, the current CCN holder, and commission staff. No hearing will be held.(7) The fact that a current CCN holder is a borrower under a federal loan program is not a bar to the release of a tract of land under this subsection. The CCN holder must not initiate an application to borrow money under a federal loan program after the date the petition is filed until the commission issues a final decision on the petition.(8) The commission may require an award of compensation by the landowner to the former CCN holder as specified in subsection (i) of this section.(i) Determination of compensation to former CCN holder after streamlined expedited release. The amount of compensation, if any, will be determined after the commission has granted a petition for streamlined expedited release filed under subsection (h) of this section. The amount of compensation, if any, will be decided in the same proceeding as the petition for streamlined expedited release.(1) If the former CCN holder and landowner have agreed on the amount of compensation to be paid to the former CCN holder, they must make a joint filing with the commission within 70 days after the commission has granted streamlined expedited release. The filing must state the amount of the compensation to be paid. (2) If the former CCN holder and landowner have not agreed on the compensation to be paid to the former CCN holder, the monetary amount of compensation must be determined by a qualified individual or firm serving as an independent appraiser under the following procedure.(A) If the former CCN holder and landowner have agreed on an independent appraiser, the former CCN holder and landowner must make a joint filing with the commission identifying the individual or firm who will be the independent appraiser after the commission grants streamlined expedited release under subsection (h) of this section. The costs of the independent appraiser must be borne by the landowner. The appraiser must file its appraisal with the commission within 70 days after the commission grants streamlined expedited release. (B) If the former CCN holder and landowner have not agreed on an independent appraiser within ten days after the commission grants streamlined expedited release under subsection (h) of this section, the former CCN holder and landowner must each engage its own appraiser at its own expense. Each appraiser must file its appraisal with the commission within 70 calendar days after the commission grants streamlined expedited release. After receiving the appraisals, the commission will appoint a third appraiser who must make a determination of compensation within 100 days after the date the commission grants streamlined expedited release. The determination by the commission-appointed appraiser may not be less than the lower appraisal or more than the higher appraisal made by the appraisers engaged by the former CCN holder and landowner. The former CCN holder and landowner must each pay half the cost of the commission-appointed appraisal directly to the commission-appointed appraiser.(C) The appraisers must determine the amount of compensation in accordance with subsection (j) of this section.(3) The determination of compensation by the agreed-upon appraiser under paragraph (2)(A) of this subsection or the commission-appointed appraiser under paragraph (2)(B) of this subsection is binding on the commission, former CCN holder, and landowner.(4) If the former CCN holder fails to make a filing with the commission about the amount of agreed compensation, or engage an appraiser, or file an appraisal within the timeframes required by this subsection, the amount of compensation to be paid will be deemed to be zero. If the landowner fails to make a filing with the commission about the amount of agreed compensation, or engage an appraiser, or file an appraisal within the timeframes required by this subsection, the commission will base the amount of compensation to be paid on the appraisal provided by the CCN holder.(5) The commission will issue an order establishing the amount of compensation to be paid and directing the landowner to pay the compensation to the former CCN holder not later than 60 days after the commission receives the final appraisal.(6) The landowner must pay the compensation to the former CCN holder not later than 90 days after the date the compensation amount is determined by the commission. The commission will not authorize a prospective retail public utility to serve the removed area until the landowner has paid to the former CCN holder any compensation that is required.(j) Valuation of real and personal property of the former CCN holder. (1) The value of real property must be determined according to the standards set forth in chapter 21 of the Texas Property Code governing actions in eminent domain.(2) The value of personal property must be determined according to this paragraph. The following factors must be used in valuing personal property:(A) the amount of the former CCN holder's debt allocable to service to the removed area; (B) the value of the service facilities belonging to the former CCN holder that are located within the removed area; (C) the amount of any expenditures for planning, design, or construction of the service facilities of the former CCN holder that are allocable to service to the removed area; (D) the amount of the former CCN holder's contractual obligations allocable to the removed area; (E) any demonstrated impairment of service or any increase of cost to consumers of the former CCN holder remaining after a CCN revocation or amendment under this section; (F) the impact on future revenues lost from existing customers; (G) necessary and reasonable legal expenses and professional fees, including costs incurred to comply with TWC §13.257(r); and(H) any other relevant factors as determined by the commission.(k) Mapping information.(1) For proceedings under subsections (f) or (h) of this section, the following mapping information must be filed with the petition:(A) a general-location map identifying the tract of land in reference to the nearest county boundary, city, or town; (B) a detailed map identifying the tract of land in reference to verifiable man-made and natural landmarks, such as roads, rivers, and railroads. If ownership of the tract of land is conveyed by multiple deeds, this map must also identify the location and acreage of land conveyed by each deed; and(C) one of the following for the tract of land:(i) a metes-and-bounds survey sealed or embossed by either a licensed state land surveyor or a registered professional land surveyor;(ii) a recorded plat; or (iii) GIS data in a shapefile (SHP) format georeferenced in either NAD 83 Texas State Plane Coordinate System (US feet) or in NAD 83 Texas Statewide Mapping System (meters). The GIS data must include a single, continuous polygon record.(2) Commission staff may request additional mapping information.(3) All maps must be filed in accordance with §22.71 and §22.72 of this title (relating to Filing of Pleadings, Documents and Other Materials and Formal Requisites of Pleadings and Documents to be filed with the Commission, respectively).(l) Additional conditions for decertification under subsection (d) of this section.(1) If the current CCN holder did not agree in writing to a revocation or amendment by decertification under subsection (d) of this section, then an affected retail public utility may request that the revocation or amendment be conditioned on the following:(A) ordering the prospective retail public utility to provide service to the entire service area of the current CCN holder; and(B) transferring the entire CCN of the current CCN holder to the prospective retail public utility.(2) If the commission finds that, as a result of revocation or amendment by decertification under subsection (d) of this section, the current CCN holder will be unable to provide continuous and adequate service at an affordable cost to the current CCN holder's remaining customers, then:(A) the commission will order the prospective retail public utility to provide continuous and adequate service to the remaining customers at a cost comparable to the cost of that service to the prospective retail public utility's other customers and will establish the terms under which service must be provided; and(B) the commission may order any of the following terms:(i) transfer of debt and other contract obligations;(ii) transfer of real and personal property;(iii) establishment of interim rates for affected customers during specified times; and(iv) other provisions necessary for the just and reasonable allocation of assets and liabilities.(3) The prospective retail public utility must not charge the affected customers any transfer fee or other fee to obtain service, except for the following:(A) the prospective retail public utility's usual and customary rates for monthly service, or (B) interim rates set by the commission, if applicable.(4) If the commission orders the prospective retail public utility to provide service to the entire service area of the current CCN holder, the commission will not order compensation to the current CCN holder, the commission will not make a determination of the amount of compensation to be paid to the current CCN holder, and the prospective retail public utility must not file a notice of intent under subsection (g) of this section.", "sourceNote": "Source Note: The provisions of this §24.245 adopted\r\nto be effective July 2, 2020, 45 TexReg 4321; amended to be effective\r\nAugust 14, 2024, 49 TexReg 5943; amended to be effective July 30,\r\n2025, 50 TexReg 4417." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192982", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.247", "label": "Requirement to Provide Continuous and Adequate Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192983", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any retail public utility which possesses or is required by law to possess a certificate of convenience and necessity or a person who possesses facilities used to provide utility service must provide continuous and adequate service to every customer and every qualified applicant for service whose primary point of use is within the certificated area and may not discontinue, reduce or impair utility service except for:(1) nonpayment of charges for services provided by the certificate holder or a person who possesses facilities used to provide utility service;(2) nonpayment of charges for sewer service provided by another retail public utility under an agreement between the retail public utility and the certificate holder or a person who possesses facilities used to provide utility service or under a commission order;(3) nonuse; or(4) other similar reasons in the usual course of business without conforming to the conditions, restrictions, and limitations prescribed by the commission.(b) After notice and hearing, the commission may:(1) order any retail public utility that is required by law to possess a certificate of public convenience and necessity or any retail public utility that possesses a certificate of public convenience and necessity and is located in an affected county as defined in TWC §16.341, to:(A) provide specified improvements in its service in a defined area if:(i) service in that area is inadequate as set forth in §24.205 and §24.207 of this title (relating to Adequacy of Water Utility Service; and Adequacy of Sewer Service); or(ii) is substantially inferior to service in a comparable area; and(iii) it is reasonable to require the retail public utility to provide the improved service; or(B) develop, implement, and follow financial, managerial, and technical practices that are acceptable to the commission to ensure that continuous and adequate service is provided to any areas currently certificated to the retail public utility if the retail public utility has not provided continuous and adequate service to any of those areas and, for a utility, to provide financial assurance of the retail public utility's ability to operate the system in accordance with applicable laws and rules as specified in §24.11 of this title (relating to Financial Assurance), or as specified by the commission. The obligation to obtain financial assurance under this chapter does not relieve an applicant from any requirements to obtain financial assurance in satisfaction of another state agency's rules;(2) order two or more public utilities or water supply or sewer service corporations to establish specified facilities for interconnecting service after TCEQ approves the interconnecting service pursuant to 30 TAC Chapter 290 (relating to Public Drinking Water) or 30 TAC 217 (relating to Design Criteria for Domestic Wastewater Systems);(3) order a public utility or water supply or sewer service corporation that has not demonstrated that it can provide continuous and adequate service from its drinking water source or sewer treatment facility to obtain service sufficient to meet its obligation to provide continuous and adequate service on at least a wholesale basis from another consenting utility service provider; or(4) issue an emergency order, with or without a hearing, under §24.14 of this title (relating to Emergency Orders).(c) If the commission has reason to believe that improvements and repairs to a water or sewer service system are necessary to enable a retail public utility to provide continuous and adequate service in any portion of its service area and the retail public utility has provided financial assurance under Texas Health and Safety Code, §341.0355, or under this chapter, the commission, after providing to the retail public utility notice and an opportunity to be heard by the commissioners at a commission meeting, may:(1) immediately order specified improvements and repairs to the water or sewer system, the costs of which may be paid by the financial assurance in an amount determined by the commission not to exceed the amount of the financial assurance. The order requiring the improvements may be an emergency order if it is issued after the retail public utility has had an opportunity to be heard by the commissioners at a commission meeting; and(2) require a retail public utility to obligate additional money to replace the financial assurance used for the improvements.", "sourceNote": "Source Note: The provisions of this §24.247 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192983", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.249", "label": "Cessation of Operations by a Retail Public Utility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192984", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any retail public utility that possesses or is required to possess a certificate of convenience and necessity (CCN) and seeks to discontinue, reduce, or impair retail water or sewer utility service, except under the conditions listed in TWC §13.250(b), must file a petition with the commission which sets out the following:(1) the action proposed by the retail public utility;(2) the proposed effective date of the actions, which must be at least 120 days after the petition is filed with the commission;(3) a concise statement of the reasons for proposing the action; and(4) the part of the petitioner's service area affected by the action, including maps as described by §24.257 of this title (relating to Mapping Requirements for Certificates of Convenience and Necessity Applications).(b) The petitioner shall file a proposed notice to customers and any other affected parties. The proposed notice shall include:(1) the name, CCN number, if any, mailing address, and business telephone number of the petitioner;(2) a description of the service area of the petitioner involved;(3) the anticipated effect of the cessation of operations on the rates and services provided to all customers; and(4) a statement that a person who wishes to intervene or comment should file a request to intervene or comments with the commission at the commission's mailing address: Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326.(c) After reviewing and, if necessary, modifying the proposed notice, the commission will provide the notice to the petitioner for mailing to:(1) cities and neighboring retail public utilities providing the same utility service within two miles of the outer boundary of the petitioner's certificated service area;(2) any city whose extraterritorial jurisdiction overlaps the petitioner's certificated service area;(3) the customers of the petitioner; and(4) any person that has requested service from the petitioner but that has not yet received service.(d) The petitioner may be required by the commission to publish notice once each week for two consecutive weeks in a newspaper of general circulation in the county(ies) of operation. In addition to the information specified in subsection (b) of this section, the notice shall include the following:(1) the sale price of the facilities;(2) the name, CCN number, if any, and mailing address of the petitioner's owner or authorized representative; and(3) the business telephone of the petitioner.(e) The commission may require the petitioner to deliver notice to other affected persons or agencies.(f) If no hearing is requested by the 30th day after the required notice has been mailed or published, whichever occurs later, the commission may consider the petition for final decision without further hearing.(g) If a hearing is requested, the petition will be processed in accordance with Chapter 22 of this title (relating to Procedural Rules).(h) Under no circumstance may any of the following entities cease operations without the approval of the regulatory authority: a retail public utility that possesses or is required to possess a CCN, a person who possesses facilities used to provide retail water or sewer utility service, or a water utility or water supply corporation with less than 15 connections that is operating without a CCN under §24.229 of this title (relating to Certificate of Convenience and Necessity Not Required).(i) In determining whether to authorize a retail public utility to discontinue, reduce, or impair retail water or sewer utility service, the commission shall consider, but is not limited to, the following factors:(1) the effect on the customers and landowners;(2) the costs associated with bringing the utility into compliance;(3) the applicant's diligence in locating alternative sources of service;(4) the applicant's efforts to sell the utility, such as running advertisements, contacting other retail public utilities, or discussing cooperative organization with the customers;(5) the asking price for purchase of the utility as it relates to the undepreciated original cost of the system for ratemaking purposes;(6) the relationship between the applicant and the original developer of the area services;(7) the availability of alternative sources of service, such as adjacent retail public utilities or groundwater; and(8) the feasibility of customers and landowners obtaining service from alternative sources, considering the costs to the customer, quality of service available from the alternative source, and length of time before full service can be provided.(j) If a utility discontinues or otherwise abandons operation of its facilities without commission authorization, the commission may appoint a temporary manager or place the utility under supervision to take over the utility's operations, management, finances, and facilities to ensure continuous and adequate retail water and/or sewer utility service.", "sourceNote": "Source Note: The provisions of this §24.249 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192984", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.251", "label": "Exclusiveness of Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192985", "queryAsDate": "03/11/2026" }, "ruleBody": "Any certificate granted under this subchapter shall not be construed to vest exclusive service or property rights in and to the area certificated. The commission may grant, upon finding that the public convenience and necessity requires additional certification to another retail public utility or utilities, additional certification to any other retail public utility or utilities to all or any part of the area previously certificated pursuant to this chapter.", "sourceNote": "Source Note: The provisions of this §24.251 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192985", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.253", "label": "Contracts Valid and Enforceable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192986", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If approved by the commission after notice and hearing, contracts between retail public utilities designating areas to be served and customers to be served by those retail public utilities are valid and enforceable and are incorporated into the corresponding certificates of convenience and necessity (CCNs). This section only applies to the transfer of certificated service area and customers between existing CCN holders. Nothing in this provision negates the requirements of TWC §13.301 to obtain a new CCN and document the transfer of assets and facilities between retail public utilities.(b) Retail public utilities may request approval of a contract by filing a written petition with the commission. The written petition shall include the following:(1) maps of the requested area in accordance with §24.257(a) of this title (relating to Mapping Requirements for Certificate of Convenience and Necessity Applications);(2) a copy of the executed contract or agreement;(3) the number of customers to be transferred, if any;(4) information described in subsection (c)(3) of this section; and(5) any other information required by the commission.(c) For the purpose of this section, notice under §24.235 of this title (relating to Notice Requirements for Certificate of Convenience and Necessity Applications) does not apply. Notice under this section shall be as follows:(1) If affected customers will be transferred as part of the contract, then individual notice shall be provided to the affected customers by mail, e-mail, or hand delivery. The notice must contain the current rates, the effective date those rates were instituted, and any other information required by the commission.(2) If the decision to enter into a contract under this section was discussed at a meeting of a city council, a water supply or sewer service corporation's board, district board, county commissioner's court, or other regulatory authority, a copy of the meeting agenda and minutes for the meeting during which the item was discussed may be considered sufficient notice.(3) If notice was provided in accordance with paragraph (1) or (2) of this subsection, both parties to the contract under this section shall ensure that the following are filed with the commission: an affidavit attesting to the date that notice was provided and copies of the notice that was sent.", "sourceNote": "Source Note: The provisions of this §24.253 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192986", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.255", "label": "Contents of Request for Cease and Desist Order by the Commission Under TWC §13.252" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225407", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a retail public utility in constructing or extending a line, plant, or system interferes or attempts to interfere with the operation of a line, plant, or system of any other retail public utility, or provides, makes available, or extends retail water or sewer utility service to any portion of the service area of another retail public utility that has been granted or is not required to possess a certificate of convenience and necessity (CCN), the commission may issue an order that prohibits the construction or extension of the interfering line, plant, or system or the provision of service or that prescribes terms and conditions for locating the line, plant, or system affected or for the provision of service. A request for a commission order shall include the following:(1) the name, CCN number, if applicable, e-mail address, phone number, and mailing address of the retail public utility making the request;(2) the name, CCN number, if applicable, mailing address, phone number, if known, and e-mail address, if known, of the retail public utility which is to be the subject of the order;(3) a description of the alleged interference or unlawful provision of service;(4) a map of the service area of the requesting utility that clearly shows the location of the alleged interference or unlawful provision of service;(5) copies of any other information or documentation which would support the position of the requesting utility; and(6) other information as required by the commission.(b) A request for a commission order under this section shall be filed with the commission in the form of a petition and shall contain the necessary information under subsection (a) of this section. The petition must be filed within 180 days from the date the petitioner becomes aware that another retail public utility is interfering or attempting to interfere with the operation of a line, plant or system or is providing retail water or sewer utility service within the service area of another retail public, unless the petitioner can demonstrate good cause for its failure to file such action within the 180 days.", "sourceNote": "Source Note: The provisions of this §24.255 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225407", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.257", "label": "Mapping Requirements for Certificate of Convenience and Necessity Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192988", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications to obtain or amend a certificate of convenience and necessity (CCN) must include the following mapping information:(1) a general location map identifying the requested area in reference to the nearest county boundary, city, or town; (2) a detailed map identifying the requested area in reference to verifiable man-made and natural landmarks, such as roads, rivers, and railroads;(3) one of the following for the requested area:(A) a metes and bounds survey sealed or embossed by either a licensed state land surveyor or a registered professional land surveyor;(B) a recorded plat; or (C) GIS data in a shapefile (SHP) format georeferenced in either NAD 83 Texas State Plane Coordinate System (US Feet) or in NAD 83 Texas Statewide Mapping System (Meters). The GIS data must include a single, continuous polygon record; and(4) if applicable, maps identifying any facilities for production, transmission, or distribution of services, customers, or area currently being served outside the certificated service area. Facilities must be identified on subdivision plats, engineering planning maps, or other large scale maps. Color coding may be used to distinguish the types of facilities identified. The location of any such facility must be described with such exactness that the facility can be located \"on the ground\" from the map and may be identified in reference to verifiable man-made and natural landmarks where necessary to show its actual location. (5) For any application or request for relief that requires the applicant to submit mapping information in accordance with paragraphs (1) - (3) of this subsection, the applicant must also provide a written and signed attestation confirming that the representative responsible for creating the mapping information has reviewed the commission's online mapping resources on the commission's CCN Mapping Resources webpage, including all video files. The attestation must be in the following format: \"I, {name}, serve as {employment title} of {applicant name}. I am responsible for creating mapping information required for this application. Before submitting mapping information in conjunction with the application, I reviewed the online mapping resources on the Public Utility Commission's CCN Mapping Resources webpage, including all video files.\"(b) All maps must be filed under §22.71 of this title (relating to Filing of Pleadings, Documents and Other Materials) and §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission).", "sourceNote": "Source Note: The provisions of this §24.257 adopted to be\r\neffective October 17, 2018, 43 TexReg 6826; amended to be effective\r\nJuly 30, 2025, 50 TexReg 4417." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192988", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "CERTIFICATES OF CONVENIENCE AND NECESSITY" }, "rule": { "number": "§24.259", "label": "Single Certification in Incorporated or Annexed Areas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192989", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to a requested area that also meets the following criteria:(1) the requested area has been incorporated or annexed by a municipality;(2) a retail public utility provides service to the requested area under a certificate of convenience and necessity (CCN); and(3) the retail public utility that holds the CCN under which the requested area is currently certificated is one of the following:(A) a water supply or sewer service corporation, a special utility district under chapter 65 of the Texas Water Code, or a fresh water supply district under chapter 53 of the Texas Water Code; or(B) not a water supply or sewer service corporation, and its service area is located entirely within the boundaries of a municipality that has a population of at least 1.7 million according to the most recent federal census.(b) Definitions. In this section, the following words and terms have the definitions provided by this subsection.(1) Impaired property--Property remaining in the ownership of the current CCN holder after single certification that would sustain damages from the transfer of property to the municipality.(2) Franchised utility--A retail public utility that has been granted a franchise by a municipality to provide service inside the municipal boundaries.(3) Current CCN holder--The retail public utility that holds a CCN to provide service to the municipality's requested area.(4) Transferred property--Property that the municipality has requested be transferred to it or to a franchised utility from the current CCN holder.(5) Useless or valueless property--Property that would be rendered useless or valueless to the current CCN holder by single certification.(c) Notice of intent to provide service in incorporated or annexed area. A municipality that intends to provide service itself or through a franchised utility to all or part of an annexed or incorporated area shall notify the current CCN holder in writing of the municipality's intent. The written notice to the current CCN holder shall specify the following information:(1) the municipality's requested area;(2) any transferred property;(3) the municipal ordinance or other action that annexed or incorporated the municipality's requested area;(4) what kind of service will be provided;(5) whether a municipally owned utility or franchised utility will provide the service; and(6) the municipally owned utility's or the franchised utility's identity and contact information.(d) Written agreement regarding service to area. The municipality and the current CCN holder may agree in writing that all or part of the area incorporated or annexed by the municipality may receive service from a municipally owned utility, a franchised utility, or the current CCN holder, or any combination of those entities.(1) If a franchised utility is to provide service to any part of the area, the franchised utility shall also be a party to the agreement.(2) The executed agreement may provide for single or dual certification of all or part of the area incorporated or annexed by the municipality, for the purchase of facilities or property, and may contain any other terms agreed to by the parties.(3) The executed agreement shall be filed with the commission. The commission shall incorporate the agreement's terms into the respective CCNs of the municipality, current CCN holder, and franchised utility, as appropriate.(e) Application for single certification. If an agreement is not executed within 180 calendar days after the municipality provides written notice under subsection (c) of this section and the municipality intends to provide service to the municipality's requested area, the municipality shall submit an application to the commission to grant single certification to a municipally owned utility or a franchised utility.(1) If a franchised utility will provide service to any part of the municipality's requested area, the franchised utility shall join the application.(2) The application shall include all of the information listed in this paragraph.(A) The application shall identify the municipal ordinance or other action that annexed or incorporated the municipality's requested area.(B) The application shall identify the type of service that will be provided to the municipality's requested area.(C) The application shall identify the municipally owned utility or franchised utility that will provide service to the municipality's requested area and, if each will serve part of the area, the area that each will serve.(D) The application shall identify contact information for the current CCN holder.(E) The application shall demonstrate compliance with the TCEQ's minimum requirements for public drinking water systems if the municipality owns a public drinking water system.(F) The application shall demonstrate that at least 180 calendar days have passed since the date that the municipality provided written notice under subsection (c) of this section.(G) The application shall identify with specificity any property that the municipality requests be transferred from the current CCN holder.(H) The application shall identify the boundaries of the municipality's incorporated area or extraterritorial jurisdiction by providing digital-mapping data in a shapefile (SHP) format georeferenced in either NAD 83 Texas State Plane Coordinate System (US feet) or in NAD 83 Texas Statewide Mapping System (meters). The digital mapping data shall include a single, continuous polygon record.(I) The application shall identify the municipality's requested area by providing mapping information to clearly identify the area the municipality is seeking in accordance with §24.257 of this title relating to Mapping Requirements for Certificate of Convenience and Necessity Application. Commission staff may request additional mapping information after the application is submitted.(3) Within 30 calendar days of the filing of the application, commission staff shall file a recommendation regarding whether the application meets the requirements of this subsection.(f) Notices for single-certification application. The applicant shall send a copy of the application to the current CCN holder by certified mail or hand-delivery on the same day that the applicant submits the application to the commission.(g) Response to single-certification application. The current CCN holder shall file a response to the application for single certification in conformance with this subsection.(1) The response shall be filed within 40 calendar days of the filing of the application.(2) The response shall state the following information:(A) whether the single certification is agreed to; and(B) if there is no agreement for single certification, any conditions that, if met, would cause the current CCN holder to agree to single certification.(3) In its response, the current CCN holder shall identify any useless or valueless property, or impaired property, that would result from certification of the municipality's requested area to the municipality.(4) There is a rebuttable presumption that there is no useless or valueless property or impaired property if the current CCN holder fails to timely respond as required under paragraph (1) of this subsection. Upon motion and proof of service consistent with the requirements of subsection (f) of this section, the presiding officer may issue an order determining that there is no useless or valueless property or impaired property.(h) Referral to SOAH.(1) Within 50 calendar days of the filing of the application, a presiding officer shall determine whether an application for single certification meets the requirements of subsection (e) of this section.(2) If the presiding officer determines that the application meets the requirements of subsection (e) of this section, the application shall be referred to the State Office of Administrative Hearings (SOAH) for a hearing. SOAH shall fix a time and place for a hearing on the application and shall notify the current CCN holder, municipality, and franchised utility, if any, of the hearing.(3) Except as provided under paragraph (4) of this subsection, if the presiding officer determines that the application does not meet the requirements of subsection (e) of this section, the applicant shall supplement its application to correct the identified deficiencies within a timeframe, and under a process, established by the presiding officer.(4) The application shall be denied if the municipality fails to demonstrate compliance with the TCEQ's minimum requirements for public drinking water systems. This paragraph does not apply to a municipality that does not own a public drinking water system.(i) Hearing at SOAH.(1) The hearing at SOAH shall be limited to determining what property, if any, is useless or valueless property, impaired property, or transferred property.(2) The current CCN holder bears the burden to prove what property is useless or valueless property or impaired property.(3) The transferred property shall be limited to the specific property identified in the application.(4) The SOAH administrative law judge shall issue a proposal for decision for the commission's consideration.(j) Interim order. The commission shall issue an interim order identifying what property, if any, is useless or valueless property, impaired property, or transferred property.(k) Administrative Completeness. Section 24.8 of this title relating to Administrative Completeness does not apply to the determination of administrative completeness under this section. After the commission has issued its interim order under subsection (j) of this section, a presiding officer shall determine that the application for single certification is administratively complete and shall establish a procedural schedule that will allow total compensation for any property identified in the interim order to be determined not later than 90 calendar days after the application is determined to be administratively complete.(l) Valuation of real property. The value of real property that the commission identified in the interim order issued under subsection (j) of this section shall be determined according to the standards set forth in Texas Property Code, chapter 21, governing actions in eminent domain.(m) Valuation of personal property. The value of personal property that the commission identified in the interim order issued under subsection (j) of this section shall be determined according to this subsection.(1) This subsection is intended to ensure that the compensation to a current CCN holder is just and adequate as provided by these rules.(2) The following factors shall be used to value personal property that the commission identified in the interim order issued under subsection (j) of this section:(A) the impact on the current CCN holder's existing indebtedness and the current CCN holder's ability to repay that debt;(B) the value of the current CCN holder's service facilities located within the municipality's requested area;(C) the amount of any expenditures for planning, design, or construction of service facilities outside the incorporated or annexed area that are allocable to service to the municipality's requested area;(D) the amount of the current CCN holder's contractual obligations allocable to the municipality's requested area;(E) any demonstrated impairment of service or increase of cost to the current CCN holder's customers that remain after the single certification;(F) the impact on future revenues lost from existing customers;(G) necessary and reasonable legal expenses and professional fees;(H) factors relevant to maintaining the current financial integrity of the current CCN holder; and(I) other relevant factors as determined by the commission.(n) Valuation Process.(1) For an area incorporated by a municipality, the valuation of property that the commission identified in the interim order issued under subsection (j) of this section shall be determined by a qualified individual or firm serving as an independent appraiser. The independent appraiser shall be limited to appraising the property that the commission identified in the interim order issued under subsection (j) of this section. The current CCN holder shall select the independent appraiser by the 21st calendar day after the date of the order determining that the application is administratively complete. The municipality shall pay the independent appraiser's costs. The independent appraiser shall file its appraisal with the commission by the 70th calendar day after the date of the order determining that the application is administratively complete. The valuation of property under this paragraph is binding on the commission.(2) For an area annexed by a municipality, the valuation of property that the commission identified in the interim order issued under subsection (j) of this section shall be determined by one or more independent appraisers under the process set forth in this paragraph. All independent appraisers shall be limited to appraising the property that the commission identified in the interim order issued under subsection (j) of this section. All independent appraisers shall be qualified individuals or firms.(A) If the current CCN holder and the municipality can agree on an independent appraiser within ten calendar days after the application is found administratively complete, the agreed-upon independent appraiser shall make a valuation of the property that the commission identified in the interim order issued under subsection (j) of this section.(i) The agreed-upon independent appraiser shall file its appraisal with the commission by the 70th calendar day after the date of the order determining that the application is administratively complete.(ii) A valuation of property under this subparagraph is binding on the commission.(B) If the current CCN holder and the municipality cannot agree on an independent appraiser within ten calendar days after the application is found administratively complete, the municipality shall notify the serving CCN holder in writing of the failure to agree.(i) If the parties still cannot agree within 11 calendar days of the written notification, on the 11th day, the current CCN holder and the municipality shall each file with the commission a letter appointing a qualified individual or firm to serve as an independent appraiser.(I) Within 10 business days of their appointment, the independent appraisers shall meet to reach an agreed valuation of property that the commission identified in the interim order issued under subsection (j) of this section.(II) If the independent appraisers reach an agreed valuation of property, the agreed valuation under this subclause is binding on the commission.(ii) If the appraisers cannot agree on a valuation before the 16th business day after the date of their first meeting under this subsection, then both parties shall file separate appraisals by that date, and either the current CCN holder or the municipality shall petition the commission to appoint a third appraiser to reconcile the two appraisals.(I) The commission may delegate authority to appoint the third appraiser.(II) The third appraiser shall file an appraisal that reconciles the two other appraisals by the 80th calendar day after the application is found administratively complete.(III) The third appraiser's valuation may not be less than the lower or more than the higher of the two original appraisals filed under subparagraph (B)(ii) of this paragraph.(IV) A valuation of property under this clause is binding on the commission.(C) The current CCN holder and the municipality shall each pay one-half of the costs of all of the appraisers appointed under this paragraph. Payment shall be made directly to the appraisers, and proofs of payment shall be separately filed by the current CCN holder and the prospective retail public utility within 30 calendar days of the date of the invoice.(o) Action after receipt of appraisals.(1) An order incorporating the valuation determined under subsection (n) of this section shall be issued by the 90th calendar day after the application is found administratively complete.(2) The commission shall deny the application if the municipality fails to demonstrate compliance with the TCEQ's minimum requirements for public drinking water systems. This paragraph does not apply to a municipality that does not own a public drinking water system.(3) If the commission does not deny the application, the commission shall do the following:(A) determine what property, if any, is useless or valueless property, impaired property, or transferred property;(B) determine the monetary amount that is adequate and just to compensate the current CCN holder for any such useless or valueless property, impaired property, and transferred property; and(C) grant single certification to the municipality or franchised utility.(4) The granting of single certification shall be effective on the date that(A) the municipality or franchised utility pays adequate and just compensation under a court order;(B) the municipality or franchised utility pays an amount into the registry of the court or to the current CCN holder under TWC §13.255(f); or(C) the Travis County district court's judgment becomes final, if the court's judgment provides that the current CCN holder is not entitled to any compensation.(5) The commission's order does not transfer any property, except as provided under subsection (u) of this section. Any other transfer of property under this section shall be obtained only by a court judgment rendered under TWC §13.255(d) or (e).(6) A presiding officer may issue an order under this section. Any such order shall be the final act of the commission subject to motions for rehearing under the commission's rules.(p) Appeal to district court, district court judgment, and transfer of property.(1) Under TWC §13.255(e), any party that is aggrieved by a final order of the commission under this section may file an appeal with the district court of Travis County within 30 days after the order becomes final.(2) Under TWC §13.255(d), if the commission's final order is not appealed within 30 days, the municipality may request the Travis County district court to enter a judgment consistent with the commission's order.(q) Withdrawal of application for single certification. A municipality or a franchised utility may withdraw an application for single certification without prejudice at any time before a court judgment becomes final, provided that the municipality or the franchised utility has not taken physical possession of property owned by the current CCN holder or made payment for the right to take physical possession under TWC §13.255(f).(r) Additional requirements regarding certain current CCN holders. The following subsection applies to proceedings under this section in which the current CCN holder meets the criteria of subsection (a)(3)(B) of this section.(1) The commission or a court, as appropriate, must determine that the service provided by the current CCN holder is substandard or its rates are unreasonable in view of the current CCN holder's reasonable expenses.(2) If the municipality abandons its application, the commission is authorized to award to the current CCN holder its reasonable expenses incurred to participate in the proceeding addressing the municipality's application, including attorney's fees.(3) Unless the current CCN holder otherwise agrees, the municipality shall take all of the current CCN holder's personal and real property that is used and useful to provide service or is eligible to be deemed so in a future rate case.(s) Notice of single certification. Within 60 days of a transfer of property under a court judgment, the municipality or franchised utility shall provide written notice to each customer within the service area that is now singly certificated. The written notice shall provide the following information: the identity of the municipality or franchised utility, the reason for the transfer, the rates to be charged by the municipality or franchised utility, and the effective date of those rates.(t) Provision of service.(1) A municipally owned utility or a franchised utility may provide service to all or a portion of an incorporated or annexed area on one of the following dates:(A) the date that the commission incorporates the terms of an executed agreement filed with the commission under subsection (d)(3) of this section into the CCNs of the municipality, current CCN holder, and franchised utility, if applicable; or(B) the date that the municipality or franchised utility:(i) pays adequate and just compensation under court order; or(ii) pays an amount into the registry of the court or to the current CCN holder under TWC §13.255(f).(2) If the court judgment provides that the current CCN holder is not entitled to any compensation, the grant of single certification shall go into effect when the court judgment becomes final.(u) Additional conditions.(1) If the current CCN holder did not agree in writing to a revocation or amendment sought under this section, then an affected retail public utility may request that the revocation or amendment be conditioned on the following:(A) ordering the municipality or franchised utility, as applicable, to provide service to the entire service area of the current CCN holder; and(B) transferring the entire CCN of the current CCN holder to the municipality or franchised utility, as applicable.(2) The commission shall order the municipality or franchised utility, as applicable, to provide service to the entire service area of the current CCN holder if the commission finds that the current CCN holder will be unable to provide continuous and adequate service at an affordable cost to the current CCN holder's remaining customers.(A) The commission shall order the municipality or franchised utility, as applicable, to provide continuous and adequate service to the remaining customers at a cost comparable to the cost of that service to the municipality's or franchised utility's other customers and shall establish the terms under which service must be provided.(B) The commission may order the following terms:(i) transfer of debt and other contract obligations;(ii) transfer of real and personal property;(iii) establishment of interim service rates for affected customers during specified times; and(iv) other provisions necessary for the just and reasonable allocation of assets and liabilities.(3) The municipality or franchised utility, as applicable, shall not charge the affected customers any transfer fee or other fee to obtain service, except(A) the municipality's or franchised utility's usual and customary rates for monthly service; or(B) interim rates set by the commission, if applicable.(4) If the commission orders the municipality or franchised utility, as applicable, to provide service to the entire service area of the current CCN holder, the proceeding shall not be referred to SOAH for a hearing to determine the useless or valueless property, impaired property, or transferred property, and the commission shall not order compensation to the current CCN holder.", "sourceNote": "Source Note: The provisions of this §24.259 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192989", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "WATER UTILITY SUBMETERING AND ALLOCATION" }, "rule": { "number": "§24.275", "label": "General Rules and Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192990", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and scope. The provisions of this subchapter are intended to establish a comprehensive regulatory system to assure that the practices involving submetered and allocated billing of dwelling units and multiple use facilities for water and sewer utility service are just and reasonable and include appropriate safeguards for tenants.(b) Application. The provisions of this subchapter apply to apartment houses, condominiums, multiple use facilities, and manufactured home rental communities billing for water and wastewater utility service on a submetered or allocated basis. The provisions of this subchapter do not limit the authority of an owner, operator, or manager of an apartment house, manufactured home rental community, or multiple use facility to charge, bill for, or collect rent, an assessment, an administrative fee, a fee relating to upkeep or management of chilled water, boiler, heating, ventilation, air conditioning, or other building system, or any other amount that is unrelated to water and sewer utility service costs.(c) Definitions. The following words and terms, when used in this subchapter, have the defined meanings, unless the context clearly indicates otherwise.(1) Allocated utility service--Water or wastewater utility service that is master metered to an owner by a retail public utility and allocated to tenants by the owner.(2) Apartment house--A building or buildings containing five or more dwelling units that are occupied primarily for nontransient use, including a residential condominium whether rented or owner occupied, and if a dwelling unit is rented, having rent paid at intervals of one month or more.(3) Condominium manager--A condominium unit owners' association organized under Texas Property Code §82.101, or an incorporated or unincorporated entity comprising the council of owners under Chapter 81, Property Code. Condominium Manager and Manager of a Condominium have the same meaning.(4) Customer service charge--A customer service charge is a rate that is not dependent on the amount of water used through the master meter.(5) Dwelling unit--One or more rooms in an apartment house or condominium, suitable for occupancy as a residence, and containing kitchen and bathroom facilities; a unit in a multiple use facility; or a manufactured home in a manufactured home rental community.(6) Dwelling unit base charge--A flat rate or fee charged by a retail public utility for each dwelling unit recorded by the retail public utility.(7) Manufactured home rental community--A property on which spaces are rented for the occupancy of manufactured homes for nontransient residential use and for which rental is paid at intervals of one month or longer.(8) Master meter--A meter used to measure, for billing purposes, all water usage of an apartment house, condominium, multiple use facility, or manufactured home rental community, including common areas, common facilities, and dwelling units.(9) Multiple use facility--A commercial or industrial park, office complex, or marina with five or more units that are occupied primarily for nontransient use and are rented at intervals of one month or longer.(10) Occupant--A tenant or other person authorized under a written agreement to occupy a dwelling.(11) Overcharge--The amount, if any, a tenant is charged for submetered or nonsubmetered master metered utility service to the tenant's dwelling unit after a violation occurred relating to the assessment of a portion of utility costs in excess of the amount the tenant would have been charged under this subchapter. Overcharge and Overbilling have the same meaning.(12) Owner--The legal titleholder of an apartment house, a manufactured home rental community, or a multiple use facility; and any individual, firm, or corporation expressly identified in the lease agreement as the landlord of tenants in the apartment house, manufactured home rental community, or multiple use facility. The term does not include the manager of an apartment home unless the manager is expressly identified as the landlord in the lease agreement.(13) Point-of-use submeter--A device located in a plumbing system to measure the amount of water used at a specific point of use, fixture, or appliance, including a sink, toilet, bathtub, or clothes washer.(14) Submetered utility service--Water utility service that is master metered for the owner by the retail public utility and individually metered by the owner at each dwelling unit; wastewater utility service based on submetered water utility service; water utility service measured by point-of-use submeters when all of the water used in a dwelling unit is measured and totaled; or wastewater utility service based on total water use as measured by point-of-use submeters.(15) Tenant--A person who owns or is entitled to occupy a dwelling unit or multiple use facility unit to the exclusion of others and, if rent is paid, who is obligated to pay for the occupancy under a written or oral rental agreement.(16) Undercharge--The amount, if any, a tenant is charged for submetered or nonsubmetered master metered utility service to the tenant's dwelling unit less than the amount the tenant would have been charged under this subchapter. Undercharge and Underbilling have the same meaning.(17) Utility costs--Any amount charged to the owner by a retail public utility for water or wastewater service. Utility Costs and Utility Service Costs have the same meaning.(18) Utility service--For purposes of this subchapter, utility service includes only drinking water and wastewater.", "sourceNote": "Source Note: The provisions of this §24.275 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192990", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "WATER UTILITY SUBMETERING AND ALLOCATION" }, "rule": { "number": "§24.277", "label": "Owner Registration and Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192991", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration. An owner who intends to bill tenants for submetered or allocated utility service or who changes the method used to bill tenants for utility service shall register with the commission in a form prescribed by the commission.(b) Water quantity measurement. Except as provided by subsections (c) and (d) of this section, a manager of a condominium or the owner of an apartment house, manufactured home rental community, or multiple use facility, on which construction began after January 1, 2003, shall provide for the measurement of the quantity of water, if any, consumed by the occupants of each unit through the installation of:(1) submeters, owned by the property owner or manager, for each dwelling unit or rental unit; or(2) individual meters, owned by the retail public utility, for each dwelling unit or rental unit.(c) Plumbing system requirement. An owner of an apartment house on which construction began after January 1, 2003, and that provides government assisted or subsidized rental housing to low or very low income residents shall install a plumbing system in the apartment house that is compatible with the installation of submeters for the measurement of the quantity of water, if any, consumed by the occupants of each unit.(d) Installation of individual meters. On the request by the property owner or manager, a retail public utility shall install individual meters owned by the utility in an apartment house, manufactured home rental community, multiple use facility, or condominium on which construction began after January 1, 2003, unless the retail public utility determines that installation of meters is not feasible. If the retail public utility determines that installation of meters is not feasible, the property owner or manager shall install a plumbing system that is compatible with the installation of submeters or individual meters. A retail public utility may charge reasonable costs to install individual meters.(e) Records. The owner shall make the following records available for inspection by the tenant or the commission or commission staff at the on-site manager's office during normal business hours in accordance with subsection (g) of this section. The owner may require that the request by the tenant be in writing and include:(1) a current and complete copy of TWC, Chapter 13, Subchapter M;(2) a current and complete copy of this subchapter;(3) a current copy of the retail public utility's rate structure applicable to the owner's bill;(4) information or tips on how tenants can reduce water usage;(5) the bills from the retail public utility to the owner;(6) for allocated billing:(A) the formula, occupancy factors, if any, and percentages used to calculate tenant bills;(B) the total number of occupants or equivalent occupants if an equivalency factor is used under §24.281(e)(2) of this title (relating to Charges and Calculations); and(C) the square footage of the tenant's dwelling unit or rental space and the total square footage of the apartment house, manufactured home rental community, or multiple use facility used for billing if dwelling unit size or rental space is used;(7) for submetered billing:(A) the calculation of the average cost per gallon, liter, or cubic foot;(B) if the unit of measure of the submeters or point-of-use submeters differs from the unit of measure of the master meter, a chart for converting the tenant's submeter measurement to that used by the retail public utility;(C) all submeter readings; and(D) all submeter test results;(8) the total amount billed to all tenants each month;(9) total revenues collected from the tenants each month to pay for water and wastewater service; and(10) any other information necessary for a tenant to calculate and verify a water and wastewater bill.(f) Records retention. Each of the records required under subsection (e) of this section shall be maintained for the current year and the previous calendar year, except that all submeter test results shall be maintained until the submeter is permanently removed from service.(g) Availability of records.(1) If the records required under subsection (e) of this section are maintained at the on-site manager's office, the owner shall make the records available for inspection at the on-site manager's office within three days after receiving a written request.(2) If the records required under subsection (e) of this section are not routinely maintained at the on-site manager's office, the owner shall provide copies of the records to the on-site manager within 15 days of receiving a written request from a tenant or the commission or commission staff.(3) If there is no on-site manager, the owner shall make copies of the records available at the tenant's dwelling unit at a time agreed upon by the tenant within 30 days of the owner receiving a written request from the tenant.(4) Copies of the records may be provided by mail if postmarked by midnight of the last day specified in paragraph (1), (2), or (3) of this subsection.", "sourceNote": "Source Note: The provisions of this §24.277 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192991", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "WATER UTILITY SUBMETERING AND ALLOCATION" }, "rule": { "number": "§24.279", "label": "Rental Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192992", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Rental agreement content. The rental agreement between the owner and tenant shall clearly state in writing:(1) the tenant will be billed by the owner for submetered or allocated utility services, whichever is applicable;(2) which utility services will be included in the bill issued by the owner;(3) any disputes relating to the computation of the tenant's bill or the accuracy of any submetering device will be between the tenant and the owner;(4) the average monthly bill for all dwelling units in the previous calendar year and the highest and lowest month's bills for that period;(5) if not submetered, a clear description of the formula used to allocate utility services;(6) information regarding billing such as meter reading dates, billing dates, and due dates;(7) the period of time by which owner will repair leaks in the tenant's unit and in common areas, if common areas are not submetered;(8) the tenant has the right to receive information from the owner to verify the utility bill; and(9) for manufactured home rental communities and apartment houses, the service charge percentage permitted under §24.281(d)(3) of this title (relating to Charges and Calculations) that will be billed to tenants.(b) Requirement to provide rules. At the time a rental agreement is discussed, the owner shall provide a copy of this subchapter or a copy of the rules to the tenant to inform the tenant of his rights and the owner's responsibilities under this subchapter.(c) Tenant agreement to billing method changes. An owner shall not change the method by which a tenant is billed unless the tenant has agreed to the change by signing a lease or other written agreement. The owner shall provide notice of the proposed change at least 35 days prior to implementing the new method.(d) Change from submetered to allocated billing. An owner shall not change from submetered billing to allocated billing, except after receiving written approval from the commission after a demonstration of good cause and if the rental agreement requirements under subsections (a), (b), and (c) of this section have been met. Good cause may include:(1) equipment failures; or(2) meter reading or billing problems that could not feasibly be corrected.(e) Waiver of tenant rights prohibited. A rental agreement provision that purports to waive a tenant's rights or an owner's responsibilities under this subchapter is void.", "sourceNote": "Source Note: The provisions of this §24.279 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192992", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "WATER UTILITY SUBMETERING AND ALLOCATION" }, "rule": { "number": "§24.281", "label": "Charges and Calculations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192993", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prohibited charges. Charges billed to tenants for submetered or allocated utility service may only include bills for water or wastewater from the retail public utility and must not include any fees billed to the owner by the retail public utility for any deposit, disconnect, reconnect, late payment, or other similar fees.(b) Dwelling unit base charge. If the retail public utility's rate structure includes a dwelling unit base charge, the owner shall bill each dwelling unit for the base charge applicable to that unit. The owner may not bill tenants for any dwelling unit base charges applicable to unoccupied dwelling units.(c) Customer service charge. If the retail public utility's rate structure includes a customer service charge, the owner shall bill each dwelling unit the amount of the customer service charge divided by the total number of dwelling units, including vacant units, that can receive service through the master meter serving the tenants.(d) Calculations for submetered utility service. The tenant's submetered charges must include the dwelling unit base charge and customer service charge, if applicable, and the gallonage charge and must be calculated each month as follows:(1) water utility service: the retail public utility's total monthly charges for water service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility to obtain an average water cost per gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption or the volumetric rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption;(2) wastewater utility service: the retail public utility's total monthly charges for wastewater service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility, multiplied by the tenant's monthly consumption or the volumetric wastewater rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption;(3) service charge for manufactured home rental community or the owner or manager of apartment house: a manufactured home rental community or apartment house may charge a service charge in an amount not to exceed 9% of the tenant's charge for submetered water and wastewater service, except when;(A) the resident resides in a unit of an apartment house that has received an allocation of low income housing tax credits under Texas Government Code, Chapter 2306, Subchapter DD; or(B) the apartment resident receives tenant-based voucher assistance under United States Housing Act of 1937 Section 8, (42 United States Code, §1437f); and(4) final bill on move-out for submetered service: if a tenant moves out during a billing period, the owner may calculate a final bill for the tenant before the owner receives the bill for that period from the retail public utility. If the owner is billing using the average water or wastewater cost per gallon, liter, or cubic foot as described in paragraph (1) of this subsection, the owner may calculate the tenant's bill by calculating the tenant's average volumetric rate for the last three months and multiplying that average volumetric rate by the tenant's consumption for the billing period.(e) Calculations for allocated utility service.(1) Before an owner may allocate the retail public utility's master meter bill for water and sewer service to the tenants, the owner shall first deduct:(A) dwelling unit base charges or customer service charge, if applicable; and(B) common area usage such as installed landscape irrigation systems, pools, and laundry rooms, if any, as follows:(i) if all common areas are separately metered or submetered, deduct the actual common area usage;(ii) if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there is an installed landscape irrigation system, deduct at least 25% of the retail public utility's master meter bill;(iii) if all water used for an installed landscape irrigation system is metered or submetered and there are other common areas such as pools or laundry rooms that are not metered or submetered, deduct at least 5% of the retail public utility's master meter bill; or(iv) if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there is no installed landscape irrigation system, deduct at least 5% of the retail public utility's master meter bill.(2) To calculate a tenant's bill:(A) for an apartment house, the owner shall multiply the amount established in paragraph (1) of this subsection by:(i) the number of occupants in the tenant's dwelling unit divided by the total number of occupants in all dwelling units at the beginning of the month for which bills are being rendered; or(ii) the number of occupants in the tenant's dwelling unit using a ratio occupancy formula divided by the total number of occupants in all dwelling units at the beginning of the retail public utility's billing period using the same ratio occupancy formula to determine the total. The ratio occupancy formula will reflect what the owner believes more accurately represents the water use in units that are occupied by multiple tenants. The ratio occupancy formula that is used must assign a fractional portion per tenant of no less than that on the following scale:(I) dwelling unit with one occupant = 1;(II) dwelling unit with two occupants = 1.6;(III) dwelling unit with three occupants = 2.2; or(IV) dwelling unit with more than three occupants = 2.2 + 0.4 per each additional occupant over three; or(iii) the average number of occupants per bedroom, which shall be determined by the following occupancy formula. The formula must calculate the average number of occupants in all dwelling units based on the number of bedrooms in the dwelling unit according to the scale below, notwithstanding the actual number of occupants in each of the dwelling unit's bedrooms or all dwelling units:(I) dwelling unit with an efficiency = 1;(II) dwelling unit with one bedroom = 1.6;(III) dwelling unit with two bedrooms = 2.8;(IV) dwelling unit with three bedrooms = 4 + 1.2 for each additional bedroom; or(iv) a factor using a combination of square footage and occupancy in which no more than 50% is based on square footage. The square footage portion must be based on the total square footage living area of the dwelling unit as a percentage of the total square footage living area of all dwelling units of the apartment house; or(v) the individually submetered hot or cold water usage of the tenant's dwelling unit divided by all submetered hot or cold water usage in all dwelling units;(B) a condominium manager shall multiply the amount established in paragraph (1) of this subsection by any of the factors under subparagraph (A) of this paragraph or may follow the methods outlined in the condominium contract;(C) for a manufactured home rental community, the owner shall multiply the amount established in paragraph (1) of this subsection by:(i) any of the factors developed under subparagraph (A) of this paragraph; or(ii) the area of the individual rental space divided by the total area of all rental spaces; and(D) for a multiple use facility, the owner shall multiply the amount established in paragraph (1) of this subsection by:(i) any of the factors developed under subparagraph (A) of this paragraph; or(ii) the square footage of the rental space divided by the total square footage of all rental spaces.(3) If a tenant moves in or out during a billing period, the owner may calculate a bill for the tenant. If the tenant moves in during a billing period, the owner shall prorate the bill by calculating a bill as if the tenant were there for the whole month and then charging the tenant for only the number of days the tenant lived in the unit divided by the number of days in the month multiplied by the calculated bill. If a tenant moves out during a billing period before the owner receives the bill for that period from the retail public utility, the owner may calculate a final bill. The owner may calculate the tenant's bill by calculating the tenant's average bill for the last three months and multiplying that average bill by the number of days the tenant was in the unit divided by the number of days in that month.(f) Conversion to approved allocation method. An owner using an allocation formula other than those approved in subsection (e) of this section shall immediately provide notice as required under §24.279(c) of this title (relating to Rental Agreement) and either:(1) adopt one of the methods in subsection (e) of this section; or(2) install submeters and begin billing on a submetered basis; or(3) discontinue billing for utility services.", "sourceNote": "Source Note: The provisions of this §24.281 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192993", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "WATER UTILITY SUBMETERING AND ALLOCATION" }, "rule": { "number": "§24.283", "label": "Billing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192994", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Monthly billing of total charges. The owner shall bill the tenant each month for the total charges calculated under §24.281 of this title (relating to Charges and Calculations). If it is permitted in the rental agreement, an occupant or occupants who are not residing in the rental unit for a period longer than 30 days may be excluded from the occupancy calculation and from paying a water and sewer bill for that period.(b) Rendering bill.(1) Allocated bills shall be rendered as promptly as possible after the owner receives the retail public utility bill.(2) Submeter bills shall be rendered as promptly as possible after the owner receives the retail public utility bill or according to the time schedule in the rental agreement if the owner is billing using the retail public utility's rate.(c) Submeter reading schedule. Submeters or point-of-use submeters shall be read within three days of the scheduled reading date of the retail public utility's master meter or according to the schedule in the rental agreement if the owner is billing using the retail public utility's rate.(d) Billing period.(1) Allocated bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period.(2) Submeter bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. If the owner uses the retail public utility's actual rate, the billing period may be an alternate billing period specified in the rental agreement.(e) Multi-item bill. If issued on a multi-item bill, charges for submetered or allocated utility service must be separate and distinct from any other charges on the bill.(f) Information on bill. The bill must clearly state that the utility service is submetered or allocated, as applicable, and must include all of the following:(1) total amount due for submetered or allocated water;(2) total amount due for submetered or allocated wastewater;(3) total amount due for dwelling unit base charge(s) or customer service charge(s) or both, if applicable;(4) total amount due for water or wastewater usage, if applicable;(5) the name of the retail public utility and a statement that the bill is not from the retail public utility;(6) name and address of the tenant to whom the bill is applicable;(7) name of the firm rendering the bill and the name or title, address, and telephone number of the firm or person to be contacted in case of a billing dispute; and(8) name, address, and telephone number of the party to whom payment is to be made.(g) Information on submetered service. In addition to the information required in subsection (f) of this section, a bill for submetered service must include all of the following:(1) the total number of gallons, liters, or cubic feet submetered or measured by point-of-use submeters;(2) the cost per gallon, liter, or cubic foot for each service provided; and(3) total amount due for a service charge charged by an owner of a manufactured home rental community, if applicable.(h) Due date. The due date on the bill may not be less than 16 days after it is mailed or hand delivered to the tenant, unless the due date falls on a federal holiday or weekend, in which case the following work day will be the due date. The owner shall record the date the bill is mailed or hand delivered. A payment is delinquent if not received by the due date.(i) Estimated bill. An estimated bill may be rendered if a master meter, submeter, or point-of-use submeter has been tampered with, cannot be read, or is out of order; and in such case, the bill must be distinctly marked as an estimate and the subsequent bill must reflect an adjustment for actual charges.(j) Payment by tenant. Unless utility bills are paid to a third-party billing company on behalf of the owner, or unless clearly designated by the tenant, payment must be applied first to rent and then to utilities.(k) Overbilling and underbilling. If a bill is issued and subsequently found to be in error, the owner shall calculate a billing adjustment. If the tenant is due a refund, an adjustment must be calculated for all of that tenant's bills that included overcharges. If the overbilling or underbilling affects all tenants, an adjustment must be calculated for all of the tenants' bills. If the tenant was undercharged, and the cause was not due to submeter or point-of-use submeter error, the owner may calculate an adjustment for bills issued in the previous six months. If the total undercharge is $25 or more, the owner shall offer the tenant a deferred payment plan option, for the same length of time as that of the underbilling. Adjustments for usage by a previous tenant may not be back billed to a current tenant.(l) Disputed bills. In the event of a dispute between a tenant and an owner regarding any bill, the owner shall investigate the matter and report the results of the investigation to the tenant in writing. The investigation and report must be completed within 30 days from the date the tenant gives written notification of the dispute to the owner.(m) Late fee. A one-time penalty not to exceed 5% may be applied to delinquent accounts. If such a penalty is applied, the bill must indicate the amount due if the late penalty is incurred. No late penalty may be applied unless agreed to by the tenant in a written lease that states the percentage amount of such late penalty.", "sourceNote": "Source Note: The provisions of this §24.283 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192994", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "WATER UTILITY SUBMETERING AND ALLOCATION" }, "rule": { "number": "§24.285", "label": "Complaint Jurisdiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192995", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Jurisdiction. The commission has exclusive jurisdiction for violations under this subchapter.(b) Complaints. If an apartment house owner, condominium manager, manufactured home rental community owner, or other multiple use facility owner violates a commission rule regarding utility costs, the person claiming the violation may file a complaint with the commission and may appear remotely for a hearing.", "sourceNote": "Source Note: The provisions of this §24.285 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192995", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "WATER UTILITY SUBMETERING AND ALLOCATION" }, "rule": { "number": "§24.287", "label": "Submeters or Point-of-Use Submeters and Plumbing Fixtures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192996", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Submeters or point-of-use submeters.(1) Same type submeters or point-of-use submeters required. All submeters or point-of-use submeters throughout a property must use the same unit of measurement, such as gallon, liter, or cubic foot.(2) Installation by owner. The owner shall be responsible for providing, installing, and maintaining all submeters or point-of-use submeters necessary for the measurement of water to tenants and to common areas, if applicable.(3) Submeter or point-of-use submeter tests prior to installation. No submeter or point-of-use submeter may be placed in service unless its accuracy has been established. If any submeter or point-of-use submeter is removed from service, it must be properly tested and calibrated before being placed in service again.(4) Accuracy requirements for submeters and point-of-use submeters. Submeters must be calibrated as close as possible to the condition of zero error and within the accuracy standards established by the American Water Works Association (AWWA) for water meters. Point-of-use submeters must be calibrated as closely as possible to the condition of zero error and within the accuracy standards established by the American Society of Mechanical Engineers (ASME) for point-of-use and branch-water submetering systems.(5) Location of submeters and point-of-use submeters. Submeters and point-of-use submeters must be installed in accordance with applicable plumbing codes and AWWA standards for water meters or ASME standards for point-of-use submeters, and must be readily accessible to the tenant and to the owner for testing and inspection where such activities will cause minimum interference and inconvenience to the tenant.(6) Submeter and point-of-use submeter records. The owner shall maintain a record on each submeter or point-of-use submeter which includes:(A) an identifying number;(B) the installation date (and removal date, if applicable);(C) date(s) the submeter or point-of-use submeter was calibrated or tested;(D) copies of all tests; and(E) the current location of the submeter or point-of-use submeter.(7) Submeter or point-of-use submeter test on request of tenant. Upon receiving a written request from the tenant, the owner shall either:(A) provide evidence, at no charge to the tenant, that the submeter or point-of-use submeter was calibrated or tested within the preceding 24 months and determined to be within the accuracy standards established by the AWWA for water meters or ASME standards for point-of-use submeters; or(B) have the submeter or point-of-use submeter removed and tested and promptly advise the tenant of the test results.(8) Billing for submeter or point-of-use submeter test.(A) The owner may not bill the tenant for testing costs if the submeter fails to meet AWWA accuracy standards for water meters or ASME standards for point-of-use submeters.(B) The owner may not bill the tenant for testing costs if there is no evidence that the submeter or point-of-use submeter was calibrated or tested within the preceding 24 months.(C) The owner may bill the tenant for actual testing costs (not to exceed $25) if the submeter meets AWWA accuracy standards or the point-of-use submeter meets ASME accuracy standards and evidence as described in paragraph (7)(A) of this subsection was provided to the tenant.(9) Bill adjustment due to submeter or point-of-use submeter error. If a submeter does not meet AWWA accuracy standards or a point-of-use submeter does not meet ASME accuracy standards and the tenant was overbilled, an adjusted bill must be rendered in accordance with §24.283(k) of this title (relating to Billing). The owner may not charge the tenant for any underbilling that occurred because the submeter or point-of-use submeter was in error.(10) Submeter or point-of-use submeter testing facilities and equipment. For submeters, an owner shall comply with the AWWA's meter testing requirements. For point-of-use meters, an owner shall comply with ASME's meter testing requirements.(b) Plumbing fixtures. After January 1, 2003, before an owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium may implement a program to bill tenants for submetered or allocated water service, the owner or manager shall adhere to the following standards:(1) Texas Health and Safety Code, §372.002, for sink or lavatory faucets, faucet aerators, and showerheads;(2) perform a water leak audit of each dwelling unit or rental unit and each common area and repair any leaks found; and(3) not later than the first anniversary of the date an owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a condominium begins to bill for submetered or allocated water service, the owner or manager shall:(A) remove any toilets that exceed a maximum flow of 3.5 gallons per flush; and(B) install toilets that meet the standards prescribed by Texas Health and Safety Code, §372.002.(c) Plumbing fixture not applicable. Subsection (b) of this section does not apply to a manufactured home rental community owner who does not own the manufactured homes located on the property of the manufactured home rental community.", "sourceNote": "Source Note: The provisions of this §24.287 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192996", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.301", "label": "Petition or Appeal Concerning Wholesale Rate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192997", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter sets forth substantive guidelines and procedural requirements concerning:(1) a petition to review rates charged for the sale of water for resale filed pursuant to TWC, Chapter 12; or(2) an appeal pursuant to TWC, §13.043(f) (appeal by retail public utility concerning a decision by a provider of water or sewer service).", "sourceNote": "Source Note: The provisions of this §24.301 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192997", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.303", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192998", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of this subchapter, the following definitions apply:(1) Petitioner--The entity that files the petition or appeal.(2) Protested rate--The rate demanded by the seller.(3) Cash Basis calculation of cost of service--A calculation of the revenue requirement to which a seller is entitled to cover all cash needs, including debt obligations as they come due. Basic revenue requirement components considered under the cash basis generally include operation and maintenance expense, debt service requirements, and capital expenditures which are not debt financed. Other cash revenue requirements should be considered where applicable. Basic revenue requirement components under the cash basis do not include depreciation.(4) Utility Basis calculation of cost of service--A calculation of the revenue requirement to which a seller is entitled which includes a return on investment over and above operating costs. Basic revenue requirement components considered under the utility basis generally include operation and maintenance expense, depreciation, and return on investment.", "sourceNote": "Source Note: The provisions of this §24.303 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192998", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.305", "label": "Petition or Appeal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192999", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The petitioner must file a written petition with the commission. The petitioner must serve a copy of the petition on the party against whom the petitioner seeks relief and other appropriate parties.(b) The petition must clearly state the statutory authority which the petitioner invokes, specific factual allegations, and the relief which the petitioner seeks. The petitioner must attach any applicable contract to the petition.(c) The petitioner must file an appeal pursuant to TWC, §13.043(f) in accordance with the time frame provided therein.", "sourceNote": "Source Note: The provisions of this §24.305 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192999", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.307", "label": "Commission's Review of Petition or Appeal Concerning Wholesale Rate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193000", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When a petition or appeal is filed, the commission shall determine within 30 days of the filing of the petition or appeal whether the petition contains all of the information required by this subchapter. For purposes of this section only, the initial review of probable grounds shall be limited to a determination whether the petitioner has met the requirements §24.305 of this title (relating to Petition or Appeal). If the commission determines that the petition or appeal does not meet the requirements of §24.305 of this title, the commission shall inform the petitioner of the deficiencies within the petition or appeal and allow the petitioner the opportunity to correct these deficiencies. If the commission determines that the petition or appeal does meet the requirements of §24.305 of this title, the commission shall forward the petition or appeal to the State Office of Administrative Hearings for an evidentiary hearing.(b) For a petition or appeal to review a rate that is charged pursuant to a written contract, the commission will forward the petition or appeal to the State Office of Administrative Hearings to conduct an evidentiary hearing on public interest.(c) For a petition or appeal to review a rate that is not charged pursuant to a written contract, the commission will forward the petition or appeal to the State Office of Administrative Hearings to conduct an evidentiary hearing on the rate.(d) If the seller and buyer do not agree that the protested rate is charged pursuant to a written contract, the administrative law judge shall abate the proceedings until the contract dispute over whether the protested rate is part of the contract has been resolved by a court of proper jurisdiction.", "sourceNote": "Source Note: The provisions of this §24.307 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193000", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.309", "label": "Evidentiary Hearing on Public Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193001", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the commission forwards a petition to the State Office of Administrative Hearings pursuant to §24.307(a) and (b) of this title (relating to Commission's Review of Petition or Appeal), the State Office of Administrative Hearings shall conduct an evidentiary hearing on public interest to determine whether the protested rate adversely affects the public interest.(b) Prior to the evidentiary hearing on public interest, discovery shall be limited to matters relevant to the evidentiary hearing on public interest.(c) The administrative law judge shall prepare a proposal for decision and order with proposed findings of fact and conclusions of law concerning whether the protested rate adversely affects the public interest, and shall submit this recommendation to the commission.(d) The seller and buyer may agree to consolidate the evidentiary hearing on public interest and the evidentiary hearing on cost of service. If the seller and buyer so agree the administrative law judge shall hold a consolidated evidentiary hearing.", "sourceNote": "Source Note: The provisions of this §24.309 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193001", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.311", "label": "Determination of Public Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193002", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall determine the protested rate adversely affects the public interest if after the evidentiary hearing on public interest the commission concludes at least one of the following public interest criteria have been violated:(1) the protested rate impairs the seller's ability to continue to provide service, based on the seller's financial integrity and operational capability;(2) the protested rate impairs the purchaser's ability to continue to provide service to its retail customers, based on the purchaser's financial integrity and operational capability;(3) the protested rate evidences the seller's abuse of monopoly power in its provision of water or sewer service to the purchaser. In making this inquiry, the commission shall weigh all relevant factors. The factors may include:(A) the disparate bargaining power of the parties, including the purchaser's alternative means, alternative costs, environmental impact, regulatory issues, and problems of obtaining alternative water or sewer service;(B) the seller's failure to reasonably demonstrate the changed conditions that are the basis for a change in rates;(C) the seller changed the computation of the revenue requirement or rate from one methodology to another;(D) where the seller demands the protested rate pursuant to a contract, other valuable consideration received by a party incident to the contract;(E) incentives necessary to encourage regional projects or water conservation measures;(F) the seller's obligation to meet federal and state wastewater discharge and drinking water standards;(G) the rates charged in Texas by other sellers of water or sewer service for resale; or(H) the seller's rates for water or sewer service charged to its retail customers, compared to the retail rates the purchaser charges its retail customers as a result of the wholesale rate the seller demands from the purchaser; or(4) the protested rate is unreasonably preferential, prejudicial, or discriminatory, compared to the wholesale rates the seller charges other wholesale customers.(b) The commission shall not determine whether the protested rate adversely affects the public interest based on an analysis of the seller's cost of service.", "sourceNote": "Source Note: The provisions of this §24.311 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193002", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.313", "label": "Commission Action to Protect Public Interest, Set Rate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193003", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If as a result of the evidentiary hearing on public interest the commission determines the protested rate does not adversely affect the public interest, the commission will deny the petition or appeal by final order. The commission must state in the final order that dismisses a petition or appeal the bases upon which the commission finds the protested rate does not adversely affect the public interest.(b) If the commission determines the protested rate adversely affects the public interest, the commission will remand the matter to the State Office of Administrative Hearings for further evidentiary proceedings on the rate. The remand order is not a final order subject to judicial review.(c) No later than 90 days after the petition or appeal is forwarded to the State Office of Administrative Hearings for an evidentiary hearing on the rate pursuant to subsection (b) of this section or §24.307(a) and (c) of this title (relating to Commission's Review of Petition or Appeal), the seller shall file with the commission a cost of service study and other information which supports the protested rate.(d) Prior to the evidentiary hearing on the rate, discovery shall be limited to matters relevant to the evidentiary hearing on the rate.(e) The administrative law judge shall prepare a proposal for decision and order with proposed findings of fact and conclusions of law recommending a rate and shall submit this recommendation to the commission. The commission shall set a rate consistent with the ratemaking mandates of TWC, Chapters 12 and 13. If the protested rate was charged pursuant to a written contract, the commission must state in a final order the bases upon which the commission finds the protested rate adversely affects the public interest.", "sourceNote": "Source Note: The provisions of this §24.313 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193003", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.315", "label": "Determination of Cost of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193004", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall follow the mandates of the TWC, Chapters 12 and 13, to calculate the annual cost of service. The commission shall rely on any reasonable methodologies set by contract which identify costs of providing service and/or allocate such costs in calculating the cost of service.(b) When the protested rate was calculated using the cash basis or the utility basis, and the rate which the protested rate supersedes was not based on the same methodology, the commission may calculate cost of service using the superseded methodology unless the seller establishes a reasonable basis for the change in methodologies. Where the protested rate is based in part upon a change in methodologies the seller must show during the evidentiary hearing the calculation of revenue requirements using both the methodology upon which the protested rate is based, and the superseded methodology. When computing revenue requirements using a new methodology, the commission may allow adjustments for past payments.", "sourceNote": "Source Note: The provisions of this §24.315 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193004", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.317", "label": "Burden of Proof" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193005", "queryAsDate": "03/11/2026" }, "ruleBody": "The petitioner shall have the burden of proof in the evidentiary proceedings to determine if the protested rate is adverse to the public interest. The seller of water or sewer service (whether the petitioner or not) shall have the burden of proof in evidentiary proceedings on determination of cost of service.", "sourceNote": "Source Note: The provisions of this §24.317 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193005", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.319", "label": "Commission Order to Discourage Succession of Rate Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193006", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the commission finds the protested rate adversely affects the public interest and sets rates on a cost of service basis, then the commission shall add the following provisions to its order:(1) If the purchaser files a new petition or appeal, and the commission forwards the petition or appeal to the State Office of Administrative Hearings pursuant to §24.307 of this title (relating to Commission's Review of Petition or Appeal), then the administrative law judge shall set an interim rate immediately. The interim rate shall equal the rate set by the commission in this proceeding where the commission granted the petition or appeal and set a cost of service rate.(2) The commission shall determine in the proceedings pursuant to the new petition or appeal that the protested rate adversely affects the public interest. The administrative law judge shall not hold an evidentiary hearing on public interest but rather shall proceed with the evidentiary hearing to determine a rate consistent with the ratemaking mandates of the TWC, Chapters 12 and 13.(b) The effective period for the provisions issued pursuant to subsection (a) of this section shall expire upon the earlier of three years after the end of the test year period, or upon the seller and purchaser entering into a new written agreement for the sale of water or sewer service which supersedes the agreement which was the subject of the proceeding where the commission granted the petition or appeal and set a cost of service rate. The provisions shall be effective in proceedings pursuant to a new petition or appeal if the petition or appeal is filed before the date of expiration.(c) For purposes of subsection (b) of this section, the \"test year period\" is the test year used by the commission in the proceeding where the commission granted the petition or appeal and set rates on a cost of service basis.", "sourceNote": "Source Note: The provisions of this §24.319 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193006", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "WHOLESALE WATER OR SEWER SERVICE" }, "rule": { "number": "§24.321", "label": "Filing of Rate Data" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193007", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of comparing the rates charged in Texas by providers of water or sewer service for resale, the commission may require each provider of water or sewer service for resale to report the retail and wholesale rates it charges to purchasers.(b) Within 30 days after receiving a written request from the commission, a provider of water or sewer service for resale shall file a report with the commission. The report must provide the information prescribed in a form prepared by the commission.", "sourceNote": "Source Note: The provisions of this §24.321 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193007", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP" }, "rule": { "number": "§24.351", "label": "Enforcement Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193008", "queryAsDate": "03/11/2026" }, "ruleBody": "If the commission has reason to believe that the failure of the owner or operator of a water utility to properly operate, maintain, or provide adequate facilities presents an imminent threat to human health or safety, the commission shall immediately:(1) notify the utility's representative; and(2) initiate enforcement action consistent with:(A) this subchapter; and(B) procedural rules adopted by the commission.", "sourceNote": "Source Note: The provisions of this §24.351 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193008", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP" }, "rule": { "number": "§24.353", "label": "Supervision of Certain Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193009", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may place a utility under supervision where:(1) the utility has exhibited gross or continuing mismanagement; or(2) the utility has exhibited gross or continuing noncompliance with Chapter 13 of the TWC or commission rules; or(3) the utility has exhibited noncompliance with commission orders; and(4) notice has been provided to the utility advising the utility of the proposed commission action, the reasons for the action and giving the utility an opportunity to request a hearing.(b) The commission may require the utility to abide by conditions and requirements, including but not limited to:(1) management requirements;(2) additional reporting requirements;(3) restrictions on hiring, salary or benefit increases, capital investment, borrowing, stock issuance or dividend declarations, and liquidation of assets;(4) a requirement that the utility place all or part of the utility's funds and revenues into an account in a financial institution approved by the commission and restricting use of funds in that account to reasonable and necessary expenses;(5) operational requirements;(6) priority order of payments or obligations; and(7) limitation of payment for owner's or owner's family member's expenses or salaries or payments to affiliates.(c) Any utility under supervision may be required to obtain the approval of the commission before taking any action that may be restricted under subsection (b) of this section. If the commission in its order has required prior approval, any action or transaction which occurs without that approval may be voided.", "sourceNote": "Source Note: The provisions of this §24.353 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193009", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP" }, "rule": { "number": "§24.355", "label": "Operation of Utility that Discontinues Operation or is Referred for Appointment of a Receiver" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227100", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After providing a utility with notice and an opportunity for a hearing, the commission may appoint a willing person, municipality, or political subdivision to temporarily manage and/or operate a utility that:(1) has discontinued or abandoned operations or the provision of services; or(2) is being referred to the attorney general for the appointment of a receiver under TWC §13.412 for:(A) having expressed an intent to abandon or abandoned operation of its facilities;(B) having violated a final order of the commission;(C) having allowed any property owned or controlled by it to be used in violation of a final order of the commission; or(D) having violated a final judgment issued by a district court in a suit brought by the attorney general under:(i) Chapter 13, Texas Water Code;(ii) Chapter 7, Texas Water Code; or(iii) Chapter 341, Texas Health and Safety Code.(b) Appointment under this section may be by emergency order under chapter 22, subchapter P of this title (relating to Emergency Orders for Water Utilities). A corporation may be appointed as a temporary manager.(c) Abandonment includes, but is not limited to:(1) failure to pay a bill or obligation owed to a retail public utility or to an electric or gas utility with the result that the utility service provider has issued a notice of discontinuance of necessary services;(2) failure to provide appropriate water or wastewater treatment so that a potential health hazard results;(3) failure to adequately maintain facilities or provide sufficient facilities resulting in potential health hazards, extended outages, or repeated service interruptions;(4) failure to provide customers adequate notice of a health hazard or potential health hazard;(5) failure to secure an alternative available water supply during an outage;(6) displaying a pattern of hostility toward or repeatedly failing to respond to the commission or the utility's customers; and(7) failure to provide the commission or its customers with adequate information on how to contact the utility for normal business and emergency purposes.(d) This section does not affect the authority of the commission to pursue an enforcement claim against a utility or an affiliated interest.", "sourceNote": "Source Note: The provisions of this §24.355 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227100", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP" }, "rule": { "number": "§24.357", "label": "Operation of a Utility by a Temporary Manager" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193011", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Person--a natural person, a partnership of two or more persons having a joint or common interest, a mutual or cooperative association, a water supply or sewer service corporation, a corporation, a municipally owned utility, a county, a public utility agency, or a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.(2) Temporary manager--a willing person appointed by the commission or the Texas Commission on Environmental Quality to temporarily manage and operate a utility.(b) The commission may appoint a willing person to temporarily manage and operate a utility that has discontinued or abandoned operations or the provision of service, or which has been or is being referred to the attorney general for the appointment of a receiver under TWC §13.412.(c) A person appointed under this section has the powers and duties necessary to ensure the continued operation of the utility and the provision of continuous and adequate service to customers, including the power and duty to:(1) read meters;(2) bill for utility services;(3) collect revenues;(4) disburse funds;(5) request rate increases if needed;(6) access all system components;(7) conduct required sampling;(8) make necessary repairs; and(9) perform other acts necessary to assure continuous and adequate utility service as authorized by the commission.(d) Upon appointment by the commission, the temporary manager will post financial assurance with the commission in an amount and type acceptable to the commission. The temporary manager or the executive director may request waiver of the financial assurance requirements or may request substitution of some other form of collateral as a means of ensuring the continued performance of the temporary manager.(e) The temporary manager must serve a term of 180 days, unless:(1) specified otherwise by the commission;(2) an extension is requested by the commission staff or the temporary manager and granted by the commission;(3) the temporary manager is discharged from his responsibilities by the commission; or,(4) a superseding action is taken by an appropriate court on the appointment of a receiver at the request of the attorney general.(f) Within 60 days after appointment, a temporary manager must return to the commission an inventory of all utility property. (g) Compensation for the temporary manager will come from utility revenues and will be set by the commission at the time of appointment. The commission may adjust the compensation for the temporary manager as it deems necessary.(h) The temporary manager must collect the assets and carry on the business of the utility and shall use the revenues and assets of the utility in the best interests of the customers to ensure that continuous and adequate utility service is provided. The temporary manager must give priority to expenses incurred in normal utility operations and for repairs and improvements made since being appointed temporary manager.(i) The temporary manager shall report to the commission on a monthly basis. This report shall include:(1) an income statement for the reporting period;(2) a summary of utility activities such as improvements or major repairs made, number of connections added, and amount of water produced or treated; and (3) any other information required by the commission.(j) During the period in which the utility is managed by the temporary manager, the certificate of convenience and necessity shall remain in the name of the utility owner; however, the temporary manager assumes the obligations for operating within all legal requirements.", "sourceNote": "Source Note: The provisions of this §24.357 adopted to be\r\neffective October 17, 2018, 43 TexReg 6826; amended to be effective\r\nJanuary 1, 2026, 50 TexReg 8561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193011", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP" }, "rule": { "number": "§24.359", "label": "Fines and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fines and penalties collected under TWC, Chapter 13, from a retail public utility that is not a public utility in other than criminal proceedings shall be paid to the commission and deposited in the general revenue fund.(b) The commission shall provide a reasonable period for a retail public utility that takes over a nonfunctioning system to bring the nonfunctioning system into compliance with commission rules, during which the commission may not impose a penalty for any deficiency in the system that is present at the time the retail public utility takes over the nonfunctioning system. The commission must consult with the retail public utility before determining the period and may grant an extension of the period for good cause.", "sourceNote": "Source Note: The provisions of this §24.359 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227101", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP" }, "rule": { "number": "§24.363", "label": "Temporary Rates for Services Provided for a Nonfunctioning System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210599", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notwithstanding other provisions of this chapter, upon sending written notice to the commission, a retail public utility other than a municipally owned utility or a water and sewer utility subject to the original rate jurisdiction of a municipality that takes over the provision of services for a nonfunctioning retail public water or sewer utility service provider may immediately begin charging the customers of the nonfunctioning system a temporary rate to recover the reasonable costs incurred for interconnection or other costs incurred in making services available and any other reasonable costs incurred to bring the nonfunctioning system into compliance with commission rules. (b) Notice of the temporary rate must be provided to the customers of the nonfunctioning system no later than the first bill which includes the temporary rates. (c) Within 90 days of receiving notice of the temporary rate increase, the commission will issue an order regarding the reasonableness of the temporary rates. In making the determination, the commission will consider information submitted by the retail public utility taking over the provision of service, the customers of the nonfunctioning system, or any other affected person.(d) At the time the commission approves an acquisition of a nonfunctioning retail water or sewer utility service provider under Texas Water Code (TWC) §13.301, the commission must:(1) determine the duration of the temporary rates to the retail public utility, which must be for a reasonable period; and(2) rule on the reasonableness of the temporary rates under subsection (a) of this section if the commission did not make a ruling before the application was filed under TWC §13.301.(e) Regulatory asset. This section applies only to an expedited sale, transfer, or merger application under §24.239 of this title (relating to Sale, Transfer, Merger, Consolidation, Acquisition, Lease, or Rental) or §24.243 of this title (relating to Purchase of Voting Stock or Acquisition of a Controlling Interest in a Utility).(1) If a temporary rate is adopted during the term of a person's temporary management, receivership, or supervision of a utility, then the person's used and useful invested capital and just and reasonable operations and maintenance costs that are incurred by the person during the person's appointment as temporary manager, receiver, or supervisor that are in excess of the costs covered by the temporary rate are considered to be a regulatory asset. (2) This regulatory asset is eligible for recovery in the person's next comprehensive rate proceeding or system improvement charge application and will be reviewed for prudence in the utility's next comprehensive base rate proceeding.", "sourceNote": "Source Note: The provisions of this §24.363 adopted\r\nto be effective October 17, 2018, 43 TexReg 6826; amended to be effective\r\nMay 7, 2020, 45 TexReg 2845; amended to be effective January 1, 2026,\r\n50 TexReg 8561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210599", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP" }, "rule": { "number": "§24.364", "label": "Civil Penalties for Late Fees and Disconnections During an Extreme Weather Emergency for Nonpayment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193014", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. This section establishes a classification system to be used by a court to impose civil penalties for violations of §24.173 of this title (relating to Late Fees and Disconnections During an Extreme Weather Emergency for Nonpayment). Definitions contained in §24.173 of this title apply to this section.(b) Classification system.(1) Class C violations.(A) Civil penalties for a Class C violation may not exceed §1,000 per violation per day.(B) The following are Class C violations:(i) failure to timely provide a customer with a one-time notice that complies with §24.173 of this title;(ii) failure to include all of the required information on a payment arrangement offered under §24.173 of this title.(2) Class B violations.(A) Civil penalties for a Class B violation may not exceed $5,000 per violation per day.(B) The following are Class B violations:(i) imposing a late fee on an affected customer for nonpayment of bills that are due during an extreme weather emergency in a manner that violates §24.173 of this title;(ii) including an undisclosed or noncompliant finance charge on a payment schedule issued to an affected customer under §24.173 of this title;(iii) failure to offer a payment schedule to an affected customer as required by §24.173 of this title; and(iv) any other violation of §24.173 of this title not specifically enumerated as a Class A or Class C violation.(3) Class A violations.(A) Penalties for a Class A violation may not exceed $50,000 per violation per day.(B) It is a Class A violation to disconnect an affected customer's water or sewer service in a manner that violates §24.173 of this title.(4) The civil penalty for each separate violation must be in an amount not to exceed the maximum penalty established in paragraphs (1)-(3) of this subsection and not less than $100. The amount of a civil penalty must also be based on:(A) the seriousness of the violation, including:(i) the nature, circumstances, extent, and gravity of the prohibited act; and(ii) the hazard or potential hazard created to the health, safety, or economic welfare of the public.(B) the history of previous violations;(C) the amount necessary to deter future violations;(D) efforts to correct the violation;(E) any other matter that justice may require, including as applicable:(i) the duration of the disconnection, both during the extreme weather emergency and afterwards;(ii) the impact of the disconnection on the health and finances of the affected customer; and(iii) the dollar amount of late fees issued to the affected customer, if late fees were improperly charged.(F) for violations by an investor-owned utility, any other matter that justice may require, including:(i) whether the disconnection was prohibited under §24.167(c) or (f) of this title (relating to Discontinuance of Service); and(ii) whether the affected customer was provided proper notice of the disconnection under §24.167 of this title.", "sourceNote": "Source Note: The provisions of this §24.364 adopted to be effective November 9, 2022, 47 TexReg 7405." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193014", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "PROVISIONS REGARDING MUNICIPALITIES" }, "rule": { "number": "§24.375", "label": "Jurisdiction of Municipality: Surrender of Jurisdiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193015", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The governing body of a municipality by ordinance may elect to have the commission exercise exclusive original jurisdiction over the utility rate, operation, and services of utilities, within the incorporated limits of the municipality. The governing body of a municipality that surrenders its jurisdiction to the commission may reinstate its jurisdiction by ordinance at any time after the second anniversary of the date on which the municipality surrendered its jurisdiction to the commission, except that the municipality may not reinstate its jurisdiction during the pendency of a rate proceeding before the commission. The municipality may not surrender its jurisdiction again until the second anniversary of the date on which the municipality reinstates jurisdiction.(b) The commission shall post on its website a list of municipalities that surrendered original jurisdiction to the commission.", "sourceNote": "Source Note: The provisions of this §24.375 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193015", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "PROVISIONS REGARDING MUNICIPALITIES" }, "rule": { "number": "§24.377", "label": "Applicability of Commission Service Rules Within the Corporate Limits of a Municipality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193016", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission's rules relating to service and response to requests for service will apply to utilities operating within the corporate limits of a municipality unless the municipality adopts its own rules. These rules include Subchapters F and G of this chapter (relating to Customer Service and Protection and Quality of Service).", "sourceNote": "Source Note: The provisions of this §24.377 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193016", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "PROVISIONS REGARDING MUNICIPALITIES" }, "rule": { "number": "§24.379", "label": "Notification Regarding Use of Revenue" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193017", "queryAsDate": "03/11/2026" }, "ruleBody": "At least annually, and before any rate increase, a municipality shall notify in writing each water and sewer retail customer of any service or capital expenditure, not water or sewer related, funded in whole or in part by customer revenue.", "sourceNote": "Source Note: The provisions of this §24.379 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193017", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "24", "label": "SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "PROVISIONS REGARDING MUNICIPALITIES" }, "rule": { "number": "§24.381", "label": "Fair Wholesale Rates for Wholesale Water Sales to a District" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100687", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A municipality that makes a wholesale sale of water to a special district created under §52, Article III, or §59, Article XVI, Texas Constitution, and that operates under Title 4 (General Law Districts), or under Chapter 36 (Groundwater Conservation Districts) shall determine the rates for that sale on the same basis as for other similarly situated wholesale purchasers of the municipality's water.(b) This section does not apply to a sale of water under a contract executed before September 1, 1997.", "sourceNote": "Source Note: The provisions of this §24.381 adopted to be effective October 17, 2018, 43 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100687", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§25.1", "label": "Purpose and Scope of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8408", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mission of the Public Utility Commission of Texas (commission). The mission of the commission is to assure the availability of safe, reliable, high quality services that meet the needs of all Texans at just and reasonable rates. To accomplish this mission, the commission shall regulate electric and telecommunications utilities as required while facilitating competition, operation of the free market, and customer choice.(b) This chapter is intended to establish a comprehensive system to accomplish the mission of the commission with respect to electric service and to establish the rights and responsibilities of the electric utilities, including transmission and distribution utilities, non-utility wholesale and retail market participants, and electric customers. This chapter shall be given a fair and impartial construction to obtain these objectives and shall be applied uniformly regardless of race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, or familial status.", "sourceNote": "Source Note: The provisions of this §25.1 adopted to be effective May 7, 1998, 23 TexReg 4259; amended to be effective March 12, 2003, 28 TexReg 2056." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8408", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§25.2", "label": "Cross-Reference Transition Provision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100688", "queryAsDate": "03/11/2026" }, "ruleBody": "A reference in a rule section or part of a section of Chapter 22 of this title (relating to Procedural Rules); Chapter 23 of this title (relating to Substantive Rules); Chapter 24 of this title (relating to Policy Statements); Chapter 25 of this title (relating to Substantive Rules Applicable to Electric Service Providers); or Chapter 26 of this title (relating to Substantive Rules Applicable to Telecommunications Service Providers) to another section or part of a section of Chapter 23 that was repealed after January 1, 1998, refers to the corresponding section in Chapter 25 or Chapter 26 that replaced the Chapter 23 section.", "sourceNote": "Source Note: The provisions of this §25.2 adopted to be effective May 7, 1998, 23 TexReg 4259." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100688", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§25.3", "label": "Severability Clause" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100689", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The adoption of this chapter does not preclude the Public Utility Commission of Texas (commission) from altering or amending any sections of this chapter in whole or in part, or from requiring any other or additional services, equipment, facilities, or standards, either upon complaint or upon its own motion or upon application of any person. Furthermore, this chapter will not relieve electric utilities, including transmission and distribution utilities, non-utility wholesale and retail market participants, or electric customers from any duties under the laws of this state or the United States. If any provision of this chapter is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable. This chapter shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the commission.(b) The commission may make exceptions to this chapter for good cause.", "sourceNote": "Source Note: The provisions of this §25.3 adopted to be effective May 7, 1998, 23 TexReg 4259; amended to be effective March 12, 2003, 28 TexReg 2056." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100689", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§25.4", "label": "Statement of Nondiscrimination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227102", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No electric utility or retail electric provider shall discriminate on the basis of race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, or familial status.(b) No electric utility or retail electric provider shall unreasonably discriminate on the basis of geographic location.", "sourceNote": "Source Note: The provisions of this §25.4 adopted to be effective May 7, 1998, 23 TexReg 4259; amended to be effective February 22, 2001, 26 TexReg 1492; amended to be effective March 12, 2003, 28 TexReg 2056." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227102", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§25.5", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156613", "queryAsDate": "03/11/2026" }, "ruleBody": "In this chapter, the following definitions apply unless the context indicates otherwise:(1) Above-market purchased power costs--Wholesale demand and energy costs that a utility is obligated to pay under an existing purchased power contract to the extent the costs are greater than the purchased power market value.(2) Affected person--means:(A) a public utility or electric cooperative affected by an action of a regulatory authority;(B) a person whose utility service or rates are affected by a proceeding before a regulatory authority; or(C) a person who:(i) is a competitor of a public utility with respect to a service performed by the utility; or(ii) wants to enter into competition with a public utility.(3) Affiliate--means:(A) a person who directly or indirectly owns or holds at least 5.0% of the voting securities of a public utility;(B) a person in a chain of successive ownership of at least 5.0% of the voting securities of a public utility;(C) a corporation that has at least 5.0% of its voting securities owned or controlled, directly or indirectly, by a public utility;(D) a corporation that has at least 5.0% of its voting securities owned or controlled, directly or indirectly, by:(i) a person who directly or indirectly owns or controls at least 5.0% of the voting securities of a public utility; or(ii) a person in a chain of successive ownership of at least 5.0% of the voting securities of a public utility;(E) a person who is an officer or director of a public utility or of a corporation in a chain of successive ownership of at least 5.0% of the voting securities of a public utility; or(F) a person determined to be an affiliate under Public Utility Regulatory Act (PURA) §11.006.(4) Affiliated electric utility--The electric utility from which an affiliated retail electric provider was unbundled in accordance with PURA §39.051.(5) Affiliated power generation company (APGC)--A power generation company that is affiliated with or the successor in interest of an electric utility certificated to serve an area.(6) Affiliated retail electric provider (AREP)--A retail electric provider that is affiliated with or the successor in interest of an electric utility certificated to serve an area.(7) Aggregation--Includes the following:(A) the purchase of electricity from a retail electric provider, a municipally owned utility, or an electric cooperative by an electricity customer for its own use in multiple locations, provided that an electricity customer may not avoid any non-bypassable charges or fees as a result of aggregating its load; or(B) the purchase of electricity by an electricity customer as part of a voluntary association of electricity customers, provided that an electricity customer may not avoid any non-bypassable charges or fees as a result of aggregating its load.(8) Aggregator--A person joining two or more customers, other than municipalities and political subdivision corporations, into a single purchasing unit to negotiate the purchase of electricity from retail electric providers. Aggregators may not sell or take title to electricity. Retail electric providers are not aggregators.(9) Ancillary service--A service necessary to facilitate the transmission of electric energy including load following, standby power, backup power, reactive power, and any other services the commission may determine by rule.(10) Base rate--Generally, a rate designed to recover the cost of service other than certain costs separately identified and recovered through a rider, rate schedule, or other schedule. For bundled utilities, these separately identified costs may include items such as a fuel factor, power cost recovery factor, and surcharge. Distribution service providers may have separately identified costs such as transition costs, the excess mitigation charge, transmission cost recovery factors, and the competition transition charge.(11) Bundled Municipally Owned Utilities/Electric Cooperatives (MOU/COOP)--A municipally owned utility/electric cooperative that is conducting both transmission and distribution activities and competitive energy-related activities on a bundled basis without structural or functional separation of transmission and distribution functions from competitive energy-related activities and that makes a written declaration of its status as a bundled municipally owned utility/electric cooperative pursuant to §25.275(o)(3)(A) of this title (relating to Code of Conduct for Municipally Owned Utilities and Electric Cooperatives Engaged in Competitive Activities).(12) Calendar year--January 1 through December 31.(13) Commission--The Public Utility Commission of Texas.(14) Competition transition charge (CTC)--Any non-bypassable charge that recovers the positive excess of the net book value of generation assets over the market value of the assets, taking into account all of the electric utility's generation assets, any above market purchased power costs, and any deferred debit related to a utility's discontinuance of the application of Statement of Financial Accounting Standards Number 71 (\"Accounting for the Effects of Certain Types of Regulation\") for generation-related assets if required by the provisions of PURA chapter 39. For purposes of PURA §39.262, book value shall be established as of December 31, 2001, or the date a market value is established through a market valuation method under PURA §39.262(h), whichever is earlier, and shall include stranded costs incurred under PURA §39.263. Competition transition charges also include the transition charges established pursuant to PURA §39.302(7) unless the context indicates otherwise.(15) Competitive affiliate--An affiliate of a utility that provides services or sells products in a competitive energy-related market in this state, including telecommunications services, to the extent those services are energy-related.(16) Competitive energy efficiency services--Energy efficiency services that are defined as competitive energy services under §25.341 of this title (relating to Definitions).(17) Competitive retailer--A retail electric provider; or a municipally owned utility or electric cooperative, that has the right to offer electric energy and related services at unregulated prices directly to retail customers who have customer choice, without regard to geographic location.(18) Congestion zone--An area of the transmission network that is bounded by commercially significant transmission constraints or otherwise identified as a zone that is subject to transmission constraints, as defined by an independent organization.(19) Control area--An electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to:(A) match, at all times, the power output of the generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the load within the electric power system(s);(B) maintain, within the limits of good utility practice, scheduled interchange with other control areas;(C) maintain the frequency of the electric power system(s) within reasonable limits in accordance with good utility practice; and(D) obtain sufficient generating capacity to maintain operating reserves in accordance with good utility practice.(20) Corporation--A domestic or foreign corporation, joint-stock company, or association, and each lessee, assignee, trustee, receiver, or other successor in interest of the corporation, company, or association, that has any of the powers or privileges of a corporation not possessed by an individual or partnership. The term does not include a municipal corporation or electric cooperative, except as expressly provided by PURA.(21) Critical loads--Loads for which electric service is considered crucial for the protection or maintenance of public health and safety; including but not limited to hospitals, police stations, fire stations, critical water and wastewater facilities, and customers with special in-house life-sustaining equipment.(22) Customer choice--The freedom of a retail customer to purchase electric services, either individually or through voluntary aggregation with other retail customers, from the provider or providers of the customer's choice and to choose among various fuel types, energy efficiency programs, and renewable power suppliers.(23) Customer class--A group of customers with similar electric-service characteristics (e.g., residential, commercial, industrial, sales for resale) taking service under one or more rate schedules. Qualified businesses as defined by the Texas Enterprise Zone Act, Texas Government Code, title 10, chapter 2303 may be considered to be a separate customer class of electric utilities.(24) Day-ahead--The day preceding the operating day.(25) Deemed savings--A pre-determined, validated estimate of energy savings and demand reduction attributable to an energy efficiency measure in a particular type of application that a utility may use instead of energy savings and demand reduction determined through measurement and verification activities.(26) Demand--The rate at which electric energy is delivered to or by a system at a given instant, or averaged over a designated period, usually expressed in kilowatts (kW) or megawatts (MW).(27) Demand savings--A quantifiable reduction in the rate at which energy is delivered to or by a system at a given instance, or averaged over a designated period, usually expressed in kilowatts (kW) or megawatts (MW).(28) Demand-side management (DSM)--Activities that affect the magnitude or timing of customer electrical usage, or both.(29) Demand-side resource or demand-side management--Equipment, materials, and activities that result in reductions in electric generation, transmission, or distribution capacity needs or reductions in energy usage or both. (30) Disconnection of service--Interruption of a customer's supply of electric service at the customer's point of delivery by an electric utility, a transmission and distribution utility, a municipally owned utility or an electric cooperative.(31) Distribution line--A power line operated below 60,000 volts, when measured phase-to-phase, that is owned by an electric utility, transmission and distribution utility, municipally owned utility, or electric cooperative.(32) Distributed resource--A generation, energy storage, or targeted demand-side resource, generally between one kilowatt and ten megawatts, located at a customer's site or near a load center, which may be connected at the distribution voltage level (below 60,000 volts), that provides advantages to the system, such as deferring the need for upgrading local distribution facilities.(33) Distribution service provider (DSP)--An electric utility, municipally-owned utility, or electric cooperative that owns or operates for compensation in this state equipment or facilities that are used for the distribution of electricity to retail customers including retail customers served at transmission voltage levels.(34) Economically distressed geographic area--Zip-code area in which the average household income is less than or equal to 60% of the statewide median income as reported in the most recently available United States Census data.(35) Electric cooperative--(A) a corporation organized under the Texas Utilities Code, Chapter 161 or a predecessor statute to Chapter 161 and operating under that chapter;(B) a corporation organized as an electric cooperative in a state other than Texas that has obtained a certificate of authority to conduct affairs in the State of Texas; or(C) a successor to an electric cooperative created before June 1, 1999, in accordance with a conversion plan approved by a vote of the members of the electric cooperative, regardless of whether the successor later purchases, acquires, merges with, or consolidates with other electric cooperatives.(36) Electric generating facility--A facility that generates electric energy for compensation and that is owned or operated by a person in this state, including a municipal corporation, electric cooperative, or river authority.(37) Electric generation equipment lessor or operator--A person who rents to, or operates for compensation on behalf of, a third party electric generation equipment that:(A) is used on a site of the third party until the third party is able to obtain sufficient electricity service;(B) produces electricity on site to be consumed by the third party and not resold; and(C) does not interconnect with the electric transmission or distribution system.(38) Electricity facts label--Information in a standardized format, as described in §25.475(f) of this title (relating to Information Disclosures to Residential and Small Commercial Customers), that summarizes the price, contract terms, fuel sources, and environmental impact associated with an electricity product.(39) Electricity product--A specific type of retail electricity service developed and identified by a REP, the specific terms and conditions of which are summarized in an electricity facts label that is specific to that electricity product.(40) Electric Reliability Council of Texas (ERCOT)--Refers to the independent organization and, in a geographic sense, refers to the area served by electric utilities, municipally owned utilities, and electric cooperatives that are not synchronously interconnected with electric utilities outside of the State of Texas.(41) Electric service identifier (ESI ID)--The basic identifier assigned to each point of delivery used in the registration system and settlement system managed by ERCOT or another independent organization.(42) Electric utility--Except as otherwise provided in this chapter, an electric utility is a person or river authority that owns or operates for compensation in this state equipment or facilities to produce, generate, transmit, distribute, sell, or furnish electricity in this state. The term includes a lessee, trustee, or receiver of an electric utility and a recreational vehicle park owner who does not comply with Texas Utilities Code, subchapter C, chapter 184, with regard to the metered sale of electricity at the recreational vehicle park. The term does not include:(A) a municipal corporation;(B) a qualifying facility;(C) a power generation company;(D) an exempt wholesale generator;(E) a power marketer;(F) a corporation described by PURA §32.053 to the extent the corporation sells electricity exclusively at wholesale and not to the ultimate consumer;(G) an electric cooperative;(H) a retail electric provider;(I) the state of Texas or an agency of the state; or(J) a person not otherwise an electric utility who:(i) furnishes an electric service or commodity only to itself, its employees, or its tenants as an incident of employment or tenancy, if that service or commodity is not resold to or used by others;(ii) owns or operates in this state equipment or facilities to produce, generate, transmit, distribute, sell or furnish electric energy to an electric utility, if the equipment or facilities are used primarily to produce and generate electric energy for consumption by that person; (iii) owns or operates in this state a recreational vehicle park that provides metered electric service in accordance with Texas Utilities Code, subchapter C, chapter 184;(iv) is an electric generation equipment lessor or operator; or(v) owns or operates in this state equipment used solely to provide electricity charging service for consumption by an alternatively fueled vehicle, as defined by section 502.004 of the Transportation Code. (43) Energy efficiency--Programs that are aimed at reducing the rate at which electric energy is used by equipment or processes. Reduction in the rate of energy used may be obtained by substituting technically more advanced equipment to produce the same level of end-use services with less electricity; adoption of technologies and processes that reduce heat or other energy losses; or reorganization of processes to make use of waste heat. Efficient use of energy by customer-owned end-use devices implies that existing comfort levels, convenience, and productivity are maintained or improved at a lower customer cost.(44) Energy efficiency measures--Equipment, materials, and practices that when installed and used at a customer site result in a measurable and verifiable reduction in either purchased electric energy consumption, measured in kilowatt-hours (kWh), or peak demand, measured in kW, or both.(45) Energy efficiency project--An energy efficiency measure or combination of measures installed under a standard offer contract or a market transformation contract that results in both a reduction in customers' electric energy consumption and peak demand, and energy costs.(46) Energy savings--A quantifiable reduction in a customer's consumption of energy.(47) ERCOT protocols--Body of procedures developed by ERCOT to maintain the reliability of the regional electric network and account for the production and delivery of electricity among resources and market participants. (48) ERCOT region--The geographic area under the jurisdiction of the commission that is served by transmission service providers that are not synchronously interconnected with transmission service providers outside of the state of Texas.(49) Exempt wholesale generator--A person who is engaged directly or indirectly through one or more affiliates exclusively in the business of owning or operating all or part of a facility for generating electric energy and selling electric energy at wholesale who does not own a facility for the transmission of electricity, other than an essential interconnecting transmission facility necessary to effect a sale of electric energy at wholesale.(50) Existing purchased power contract--A purchased power contract in effect on January 1, 1999, including any amendments and revisions to that contract resulting from litigation initiated before January 1, 1999.(51) Facilities--All the plant and equipment of an electric utility, including all tangible and intangible property, without limitation, owned, operated, leased, licensed, used, controlled, or supplied for, by, or in connection with the business of an electric utility.(52) Financing order--An order of the commission adopted under PURA §39.201 or §39.262 approving the issuance of transition bonds and the creation of transition charges for the recovery of qualified costs.(53) Freeze period--The period beginning on January 1, 1999, and ending on December 31, 2001.(54) Generation assets--All assets associated with the production of electricity, including generation plants, electrical interconnections of the generation plant to the transmission system, fuel contracts, fuel transportation contracts, water contracts, lands, surface or subsurface water rights, emissions-related allowances, and gas pipeline interconnections.(55) Generation service--The production and purchase of electricity for retail customers and the production, purchase, and sale of electricity in the wholesale power market.(56) Good utility practice--Any of the practices, methods, or acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods, or acts that, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety, and expedition. Good utility practice is not intended to be limited to the optimum practice, method, or act, to the exclusion of all others, but rather is intended to include acceptable practices, methods, and acts generally accepted in the region.(57) Hearing--Any proceeding at which evidence is taken on the merits of the matters at issue, not including prehearing conferences. (58) Independent organization--An independent system operator or other person that is sufficiently independent of any producer or seller of electricity that its decisions will not be unduly influenced by any producer or seller.(59) Independent system operator--An entity supervising the collective transmission facilities of a power region that is charged with non-discriminatory coordination of market transactions, systemwide transmission planning, and network reliability.(60) Installed generation capacity--All potentially marketable electric generation capacity, including the capacity of:(A) generating facilities that are connected with a transmission or distribution system;(B) generating facilities used to generate electricity for consumption by the person owning or controlling the facility; and(C) generating facilities that will be connected with a transmission or distribution system and operating within 12 months.(61) Interconnection agreement--The standard form of agreement that has been approved by the commission. The interconnection agreement sets forth the contractual conditions under which a company and a customer agree that one or more facilities may be interconnected with the company's utility system.(62) Licensing--The commission process for granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.(63) Load factor--The ratio of average load to peak load during a specific period of time, expressed as a percent. The load factor indicates to what degree energy has been consumed compared to maximum demand or utilization of units relative to total system capability.(64) Low-income customer--An electric customer who receives assistance under the Supplemental Nutrition Assistance Program (SNAP) from Texas Health and Human Services Commission (HHSC) or medical assistance from a state agency administering a part of the medical assistance program.(65) Low-Income List Administrator (LILA)--A third-party administrator contracted by the commission to administer aspects of the low-income customer identification process established under PURA §17.007. (66) Market power mitigation plan--A written proposal by an electric utility or a power generation company for reducing its ownership and control of installed generation capacity as required by PURA §39.154.(67) Market value--For nonnuclear assets and certain nuclear assets, the value the assets would have if bought and sold in a bona fide third-party transaction or transactions on the open market under PURA §39.262(h) or, for certain nuclear assets, as described by PURA §39.262(i), the value determined under the method provided by that subsection.(68) Master meter--A meter used to measure, for billing purposes, all electric usage of an apartment house or mobile home park, including common areas, common facilities, and dwelling units.(69) Municipality--A city, incorporated village, or town, existing, created, or organized under the general, home rule, or special laws of the state.(70) Municipally-owned utility (MOU)--Any utility owned, operated, and controlled by a municipality or by a nonprofit corporation whose directors are appointed by one or more municipalities.(71) Nameplate rating--The full-load continuous rating of a generator under specified conditions as designated by the manufacturer. (72) Native load customer--A wholesale or retail customer on whose behalf an electric utility, electric cooperative, or municipally-owned utility, by statute, franchise, regulatory requirement, or contract, has an obligation to construct and operate its system to meet in a reliable manner the electric needs of the customer.(73) Natural gas energy credit (NGEC)--A tradable instrument representing each megawatt of new generating capacity fueled by natural gas, as authorized by PURA §39.9044 and implemented under §25.172 of this title (relating to Goal for Natural Gas).(74) Net book value--The original cost of an asset less accumulated depreciation. (75) Net dependable capability--The maximum load in megawatts, net of station use, that a generating unit or generating station can carry under specified conditions for a given period of time without exceeding approved limits of temperature and stress.(76) Net-to-gross--A factor that is applied to convert gross program impacts into net program impacts. The factor is calculated by dividing net program savings by gross program savings and may account for variables that create differences between gross and net savings, such as free riders and spillover.(77) New on-site generation--Electric generation with capacity greater than ten megawatts capable of being lawfully delivered to the site without use of utility distribution or transmission facilities, which was not, on or before December 31, 1999, either:(A) A fully operational facility; or(B) A project supported by substantially complete filings for all necessary site-specific environmental permits under the rules of the Texas Commission on Environmental Quality (TCEQ) in effect at the time of filing.(78) Off-grid renewable generation--The generation of renewable energy in an application that is not interconnected to a utility transmission or distribution system.(79) Other generation sources--A competitive retailer's or affiliated retail electric provider's supply of generated electricity that is not accounted for by a direct supply contract with an owner of generation assets.(80) Person--Includes an individual, a partnership of two or more persons having a joint or common interest, a mutual or cooperative association, and a corporation, but does not include an electric cooperative.(81) Power cost recovery factor (PCRF)--A charge or credit that reflects an increase or decrease in purchased power costs not in base rates.(82) Power generation company (PGC)--A person that:(A) generates electricity that is intended to be sold at wholesale, including the owner or operator of electric energy storage equipment or facilities to which the Public Utility Regulatory Act, chapter 35, subchapter E applies;(B) does not own a transmission or distribution facility in this state, other than an essential interconnecting facility, a facility not dedicated to public use, or a facility otherwise excluded from the definition of \"electric utility\" under this section; and(C) does not have a certificated service area, although its affiliated electric utility or transmission and distribution utility may have a certificated service area.(83) Power marketer--A person who becomes an owner of electric energy in this state for the purpose of selling the electric energy at wholesale; does not own generation, transmission, or distribution facilities in this state and does not have a certificated service area.(84) Power region--A contiguous geographical area that is a distinct region of the North American Electric Reliability Council.(85) Pre-interconnection study--A study or studies that may be undertaken by a utility in response to its receipt of a completed application for interconnection and parallel operation with the utility system at distribution voltage. Pre-interconnection studies may include, but are not limited to, service studies, coordination studies, and utility system impact studies.(86) Premises--A tract of land or real estate or related commonly used tracts including buildings and other appurtenances thereon. (87) Price to beat (PTB)--A price for electricity, as determined under PURA §39.202, charged by an affiliated retail electric provider to eligible residential and small commercial customers in its service area.(88) Proceeding--A hearing, investigation, inquiry, or other procedure for finding facts or making a decision, including adopting, amending, or repealing a rule or setting a rate. The term includes a denial of relief or dismissal of a complaint. (89) Proprietary customer information--Any information obtained by a retail electric provider, an electric utility, or a transmission and distribution business unit as defined in §25.275(c)(16) of this title, on a customer in the course of providing electric service or by an aggregator on a customer in the course of aggregating electric service that makes possible the identification of any individual customer by matching such information with the customer's name, address, account number, type or classification of service, historical electricity usage, expected patterns of use, types of facilities used in providing service, individual contract terms and conditions, price, current charges, billing records, or any information that the customer has expressly requested not be disclosed. Information that is redacted or organized in such a way as to make it impossible to identify the customer to whom the information relates does not constitute proprietary customer information.(90) Provider of last resort (POLR)--A retail electric provider (REP) certified in Texas that has been designated by the commission to provide a basic, standard retail service package in accordance with §25.43 of this title (relating to Provider of Last Resort (POLR)). (91) Public retail customer--A retail customer that is an agency of this state, a state institution of higher education, a public school district, or a political subdivision of this state.(92) Public utility or utility--An electric utility as that term is defined in this section, or a public utility or utility as those terms are defined in PURA §51.002.(93) Public Utility Regulatory Act (PURA)--The enabling statute for the Public Utility Commission of Texas, located in the Texas Utilities Code Annotated, §§11.001 et. seq.(94) Purchased power market value--The value of demand and energy bought and sold in a bona fide third-party transaction or transactions on the open market and determined by using the weighted average costs of the highest three offers from the market for purchase of the demand and energy available under the existing purchased power contracts.(95) Qualified scheduling entity--A market participant that is qualified by ERCOT in accordance with section 16, Registration and Qualification of Market Participants of ERCOT's protocols, to submit balanced schedules and ancillary services bids and settle payments with ERCOT.(96) Qualifying cogenerator- As defined by 16 U.S.C. §796(18)(C). A qualifying cogenerator that provides electricity to the purchaser of the cogenerator's thermal output is not for that reason considered to be a retail electric provider or a power generation company.(97) Qualifying facility--A qualifying cogenerator or qualifying small power producer.(98) Qualifying small power producer- As defined by 16 U.S.C. §796(17)(D).(99) Rate--A compensation, tariff, charge, fare, toll, rental, or classification that is directly or indirectly demanded, observed, charged, or collected by an electric utility for a service, product, or commodity described in the definition of electric utility in this section and a rule, practice, or contract affecting the compensation, tariff, charge, fare, toll, rental, or classification that must be approved by a regulatory authority.(100) Rate class--A group of customers taking electric service under the same rate schedule.(101) Rate year--The 12-month period beginning with the first date that rates become effective. The first date that rates become effective may include, but is not limited to, the effective date for bonded rates or the effective date for interim or temporary rates.(102) Ratemaking proceeding--A proceeding in which a rate may be changed.(103) Registration agent--Entity designated by the commission to administer registration and settlement, premise data, and other processes concerning a customer's choice of retail electric provider in the competitive electric market in Texas.(104) Regulatory authority--In accordance with the context where it is found, either the commission or the governing body of a municipality.(105) Renewable demand side management (DSM) technologies--Equipment that uses a renewable energy resource (renewable resource) as defined in this section, that, when installed at a customer site, reduces the customer's net purchases of energy (kWh), electrical demand (kW), or both.(106) Renewable energy--Energy derived from renewable energy technologies.(107) Renewable energy credit (REC)--A tradable instrument representing the generation attributes of one MWh of electricity from renewable energy sources, as authorized by the PURA §39.904 and implemented under §25.173(e) of this title (relating to Goal for Renewable Energy).(108) Renewable energy credit account (REC account)--An account maintained by the renewable energy credits trading program administrator for the purpose of tracking the production, sale, transfer, purchase, and retirement of RECs by a program participant.(109) Renewable energy resource (renewable resource)--A resource that produces energy derived from renewable energy technologies. (110) Renewable energy technology--Any technology that exclusively relies on an energy source that is naturally regenerated over a short time and derived directly from the sun, indirectly from the sun, or from moving water or other natural movements and mechanisms of the environment. Renewable energy technologies include those that rely on energy derived directly from the sun, on wind, geothermal, hydroelectric, wave, or tidal energy, or on biomass or biomass-based waste products, including landfill gas. A renewable energy technology does not rely on energy resources derived from fossil fuels, waste products from fossil fuels, or waste products from inorganic sources.(111) Repowering--Modernizing or upgrading an existing facility in order to increase its capacity or efficiency.(112) Residential customer--Retail customers classified as residential by the applicable bundled utility tariff, unbundled transmission and distribution utility tariff or, in the absence of classification under a residential rate class, those retail customers that are primarily end users consuming electricity at the customer's place of residence for personal, family or household purposes and who are not resellers of electricity.(113) Retail customer--The separately metered end-use customer who purchases and ultimately consumes electricity.(114) Retail electric provider (REP)--A person that sells electric energy to retail customers in this state. A retail electric provider may not own or operate generation assets. The term does not include a person not otherwise a retail electric provider who owns or operates equipment used solely to provide electricity charging service for consumption by an alternatively fueled vehicle, as defined by Section 502.004, Transportation Code. (115) Retail electric provider (REP) of record--The REP assigned to the electric service identifier (ESI ID) in ERCOT's database. There can be no more than one REP of record assigned to an ESI ID at any specific point in time.(116) Retail stranded costs--That part of net stranded cost associated with the provision of retail service.(117) Retrofit--The installation of control technology on an electric generating facility to reduce the emissions of nitrogen oxide, sulfur dioxide, or both.(118) River authority--A conservation and reclamation district created under the Texas Constitution, article 16, section 59, including any nonprofit corporation created by such a district pursuant to the Texas Water Code, chapter 152, that is an electric utility.(119) Rule--A statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the commission. The term includes the amendment or repeal of a prior rule, but does not include statements concerning only the internal management or organization of the commission and not affecting private rights or procedures.(120) Savings-to-investment ratio (SIR)--The ratio of the present value of a customer's estimated lifetime electricity cost savings from energy efficiency measures to the present value of the installation costs of those energy efficiency measures, which include the cost of any incidental repairs.(121) Separately metered--Metered by an individual meter that is used to measure electric energy consumption by a retail customer and for which the customer is directly billed by a utility, retail electric provider, electric cooperative, or municipally owned utility.(122) Service--Has its broadest and most inclusive meaning. The term includes any act performed, anything supplied, and any facilities used or supplied by an electric utility in the performance of its duties under PURA to its patrons, employees, other public utilities or electric utilities, an electric cooperative, and the public. The term also includes the interchange of facilities between two or more public utilities or electric utilities.(123) Spanish-speaking person--A person who speaks any dialect of the Spanish language exclusively or as their primary language.(124) Standard meter--The minimum metering device necessary to obtain the billing determinants required by the transmission and distribution utility's tariff schedule to determine an end-use customer's charges for transmission and distribution service.(125) Stranded cost--The positive excess of the net book value of generation assets over the market value of the assets, taking into account all of the electric utility's generation assets, any above-market purchased-power costs, and any deferred debit related to a utility's discontinuance of the application of Statement of Financial Accounting Standards Number 71 (\"Accounting for the Effect of Certain Types of Regulation\") for generation-related assets if required by the provisions of PURA Chapter 39. For purposes of PURA §39.262, book value shall be established as of December 31, 2001, or the date a market value is established through a market valuation method under PURA §39.262(h), whichever is earlier, and shall include stranded costs incurred under PURA §39.263.(126) Submetering--Metering of electricity consumption on the customer side of the point at which the electric utility measures electricity consumption for billing purposes.(127) Summer net dependable capability--The net capability of a generating unit in megawatts (MW) for daily planning and operational purposes during the summer peak season, as determined in accordance with requirements of the reliability council or independent organization in which the unit operates.(128) Supply-side resource--A resource, including a storage device, that provides electricity from fuels or renewable resources.(129) System emergency--A condition on a utility's system that is likely to result in imminent, significant disruption of service to customers or is imminently likely to endanger life or property.(130) Tariff--The schedule of a utility, municipally-owned utility, or electric cooperative containing all rates and charges stated separately by type of service, the rules and regulations of the utility, and any contracts that affect rates, charges, terms or conditions of service.(131) Termination of service--The cancellation or expiration of a sales agreement or contract by a retail electric provider by notification to the customer and the registration agent.(132) Tenant--A person who is entitled to occupy a dwelling unit to the exclusion of others and who is obligated to pay for the occupancy under a written or oral rental agreement.(133) Test year--The most recent 12 months for which operating data for an electric utility, electric cooperative, or municipally-owned utility are available and shall commence with a calendar quarter or a fiscal year quarter.(134) Texas jurisdictional installed generation capacity--The amount of an affiliated power generation company's installed generation capacity properly allocable to the Texas jurisdiction. Such allocation shall be calculated pursuant to an existing commission-approved allocation study, or other such commission-approved methodology, and may be adjusted as approved by the commission to reflect the effects of divestiture or the installation of new generation facilities.(135) Transition bonds--Bonds, debentures, notes, certificates, of participation or of beneficial interest, or other evidences of indebtedness or ownership that are issued by an electric utility, its successors, or an assignee under a financing order, that have a term not longer than 15 years, and that are secured or payable from transition property.(136) Transition charges--Non-bypassable amounts to be charged for the use or availability of electric services, approved by the commission under a financing order to recover qualified costs, that shall be collected by an electric utility, its successors, an assignee, or other collection agents as provided for in a financing order.(137) Transmission and distribution business unit (TDBU)--The business unit of a municipally owned utility/electric cooperative, whether structurally unbundled as a separate legal entity or functionally unbundled as a division, that owns or operates for compensation in this state equipment or facilities to transmit or distribute electricity at retail, except for facilities necessary to interconnect a generation facility with the transmission or distribution network, a facility not dedicated to public use, or a facility otherwise excluded from the definition of electric utility in a qualifying power region certified under PURA §39.152. Transmission and distribution business unit does not include a municipally owned utility/electric cooperative that owns, controls, or is an affiliate of the transmission and distribution business unit if the transmission and distribution business unit is organized as a separate corporation or other legally distinct entity. Except as specifically authorized by statute, a transmission and distribution business unit shall not provide competitive energy-related activities.(138) Transmission and distribution utility (TDU)--A person or river authority that owns, or operates for compensation in this state equipment or facilities to transmit or distribute electricity, except for facilities necessary to interconnect a generation facility with the transmission or distribution network, a facility not dedicated to public use, or a facility otherwise excluded from the definition of \"electric utility\", in a qualifying power region certified under PURA §39.152, but does not include a municipally owned utility or an electric cooperative. The TDU may be a single utility or may be separate transmission and distribution utilities.(139) Transmission line--A power line that is operated at 60 kilovolts (kV) or above, when measured phase-to-phase.(140) Transmission service--Service that allows a transmission service customer to use the transmission and distribution facilities of electric utilities, electric cooperatives and municipally owned utilities to efficiently and economically utilize generation resources to reliably serve its loads and to deliver power to another transmission service customer. Includes construction or enlargement of facilities, transmission over distribution facilities, control area services, scheduling resources, regulation services, reactive power support, voltage control, provision of operating reserves, and any other associated electrical service the commission determines appropriate, except that, on and after the implementation of customer choice in any portion of the ERCOT region, control area services, scheduling resources, regulation services, provision of operating reserves, and reactive power support, voltage control and other services provided by generation resources are not transmission service.(141) Transmission service customer--A transmission service provider, distribution service provider, river authority, municipally-owned utility, electric cooperative, power generation company, retail electric provider, federal power marketing agency, exempt wholesale generator, qualifying facility, power marketer, or other person whom the commission has determined to be eligible to be a transmission service customer. A retail customer, as defined in this section, may not be a transmission service customer.(142) Transmission service provider (TSP)--An electric utility, municipally-owned utility, or electric cooperative that owns or operates facilities used for the transmission of electricity.(143) Transmission system--The transmission facilities at or above 60 kilovolts (kV) owned, controlled, operated, or supported by a transmission service provider or transmission service customer that are used to provide transmission service.", "sourceNote": "Source Note: The provisions of this §25.5 adopted to\r\nbe effective September 16, 1998, 23 TexReg 9310; amended to be effective\r\nMay 23, 1999, 24 TexReg 3708; amended to be effective February 24,\r\n2000, 25 TexReg 1357; amended to be effective June 20, 2001, 26 TexReg\r\n4440; amended to be effective March 12, 2003, 28 TexReg 2056; amended\r\nto be effective May 19, 2004, 29 TexReg 4756; amended to be effective\r\nMarch 8, 2007, 32 TexReg 1286; amended to be effective November 30,\r\n2011, 36 TexReg 7980; amended to be effective May 13, 2018, 43 TexReg\r\n3001; amended to be effective May 10, 2020, 45 TexReg 2865; amended\r\nto be effective June 1, 2022, 47 TexReg 3122; amended to be effective\r\nJanuary 1, 2026, 50 TexReg 8576." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156613", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§25.6", "label": "Cost of Copies of Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218019", "queryAsDate": "03/11/2026" }, "ruleBody": "The rules set forth in 1 TAC §70.3 (relating to Costs of Copies of Public Information) will apply to copies of public records made at the commission.", "sourceNote": "Source Note: The provisions of this §25.6 adopted to be effective May 27, 1999, 24 TexReg 3846; amended to be effective June 12, 2012, 37 TexReg 4194." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218019", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§25.8", "label": "Classification System for Violations of Statutes, Rules, and Orders Applicable to Electric Service Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165700", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this rule is to establish a classification system for violations of the Public Utility Regulatory Act (PURA) and related commission rules and orders, and to establish a range of penalties that may be assessed for each class of violations.(b) Classification system.(1) Class C violations.(A) Penalties for Class C violations must not exceed $1,000 per violation per day.(B) The following violations are Class C violations:(i) failure to file a report or provide information required to be submitted to the commission under this chapter within the timeline required;(ii) failure by an electric utility, retail electric provider, or aggregator to investigate a customer complaint and appropriately report the results within the timeline required;(iii) failure to update information relating to a registration or certificate by the commission within the timeline required; and(iv) a violation of the Electric no-call list.(2) Class B violations.(A) Penalties for Class B violations must not exceed $5,000 per violation per day.(B) All violations not specifically enumerated as a Class C, Class A, or special violations are Class B violations.(3) Class A violations.(A) Penalties for Class A violations must not exceed $25,000 per violation per day.(B) The following types of violations are Class A violations if they create economic harm in excess of $5,000 to a person or persons, property, or the environment, or create an economic benefit to the violator in excess of $5,000; create a hazard or potential hazard to the health or safety of the public; or cause a risk to the reliability of a transmission or distribution system or a portion thereof.(i) A violation related to the wholesale electric market, including protocols and other requirements established by an independent organization;(ii) A violation related to electric service quality standards or reliability standards established by the commission or an independent organization;(iii) A violation related to the code of conduct between electric utilities and their competitive affiliates;(iv) A violation related to prohibited discrimination in the provision of electric service;(v) A violation related to improper disconnection of electric service;(vi) A violation related to fraudulent, unfair, misleading, deceptive, or anticompetitive business practices;(vii) Conducting business subject to the jurisdiction of the commission without proper commission authorization, registration, licensing, or certification;(viii) A violation committed by ERCOT;(ix) A violation not otherwise enumerated in this paragraph (3)(B) of this subsection that creates a hazard or potential hazard to the health or safety of the public;(x) A violation not otherwise enumerated in this paragraph (3)(B) of this subsection that creates economic harm to a person or persons, property, or the environment in excess of $5,000, or creates an economic benefit to the violator in excess of $5,000; and(xi) A violation not otherwise enumerated in this paragraph (3)(B) of this subsection that causes a risk to the reliability of a transmission or distribution system or a portion thereof.(4) Special violations.(A) \"Special violations\" does not constitute a class of violations for purposes of PURA §15.023(d).(B) The following types of violations are special violations for which a penalty must not exceed $1,000,000 per violation per day.(i) A violation of PURA §39.157(a) or §25.503(g)(7) of this title (relating to Oversight of Wholesale Market Participants) in conjunction with not adhering to an applicable voluntary mitigation plan adopted under PURA §15.023(f) or §25.504 of this title (relating to Wholesale Market Power in the Electric Reliability Council of Texas Power Region);(ii) A violation of PURA §35.0021 or a commission rule or order adopted under PURA §35.0021; and(iii) A violation of PURA §38.075 or a commission rule or order adopted under PURA §38.075.(c) Application of enforcement provisions of other rules. To the extent that PURA or other rules in this chapter establish a range of administrative penalties that are inconsistent with the penalty ranges provided for in subsection (b) of this section, the other provisions control with respect to violations of those rules.(d) Assessment of administrative penalties. In addition to the requirements of §22.246 of this title (relating to Administrative Penalties), a notice of violation recommending administrative penalties will indicate the class of violation.", "sourceNote": "Source Note: The provisions of this §25.8 adopted to be effective October 17, 2006, 31 TexReg 8511; amended to be effective March 17, 2022, 47 TexReg 1234; amended to be effective May 15, 2024, 49 TexReg 3206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165700", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.21", "label": "General Provisions of Customer Service and Protection Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "64048", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Unless the context clearly indicates otherwise, in this subchapter the term \"electric utility\" applies to all electric utilities that provide retail electric utility service in Texas. It does not apply to municipal utilities.(b) Purpose. The purpose of the rules in this subchapter is to establish minimum customer service standards that electric utilities must follow in providing electric service to the public. Nothing in these rules should be interpreted as preventing an electric utility from adopting less restrictive policies for all customers or for differing groups of customers, as long as those policies do not discriminate based on race, color, sex, nationality, religion, or marital status.(c) Definitions. The following words and terms when used in this subchapter shall have the following meanings, unless the context indicates otherwise.(1) Applicant--A person who applies for service for the first time or reapplies after disconnection of service.(2) Burned Veteran--A customer who is a military veteran who a medical doctor certifies has a significantly decreased ability to regulate the body temperature because of severe burns received in combat.(3) Customer--A person who is currently receiving service from an electric utility in the person's own name or the name of the person's spouse.(4) Days--Unless the context clearly indicates otherwise, in this subchapter the term \"days\" shall refer to calendar days.", "sourceNote": "Source Note: The provisions of this §25.21 adopted to be effective May 6, 1999, 24 TexReg 3315; amended to be effective January 9, 2014, 39 TexReg 212." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "64048", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.22", "label": "Request for Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "64049", "queryAsDate": "03/11/2026" }, "ruleBody": "Every electric utility shall initiate service to each qualified applicant for service within its certificated area in accordance with this section.(1) Applications for new electric service not involving line extensions or construction of new facilities shall be filled within seven working days after the applicant has met the credit requirements as provided for in §25.24 of this title (relating to Credit Requirements and Deposits) and complied with all applicable state and municipal regulations.(2) An electric utility may require a residential applicant for service to satisfactorily establish credit in accordance with §25.24 of this title (relating to Credit Requirements and Deposits), but such establishment of credit shall not relieve the customer from complying with rules for prompt payment of bills.(3) Requests for new residential service requiring construction, such as line extensions, shall be completed within 90 days or within a time period agreed to by the customer and electric utility if the applicant has met the credit requirements as provided for in §25.24 of this title; and made satisfactory payment arrangements for construction charges; and has complied with all applicable state and municipal regulations. For this section, facility placement which requires a permit for a road or railroad crossing will be considered a line extension.(4) If facilities must be constructed, then the electric utility shall contact the customer within ten working days of receipt of the application, and give the customer an estimated completion date and an estimated cost for all charges to be incurred by the customer.(5) The electric utility shall explain any construction cost options such as rebates to the customer, sharing of construction costs between the electric utility and the customer, or sharing of costs between the customer and other applicants following the assessment of necessary line work.(6) Unless the delay is beyond the reasonable control of the electric utility, a delay of more than 90 days shall constitute failure to serve, unless the customer and electric utility have agreed to a longer term. The commission may revoke or amend an electric utility's certificate of convenience and necessity (or other certificate) for such failures to serve, or grant the certificate to another electric utility to serve the applicant, and the electric utility may be subject to administrative penalties pursuant to the Public Utility Regulatory Act §15.023 and §15.024.(7) If an electric utility must provide a line extension to or on the customer's premises and the utility will require that customer to pay a Contribution in Aid to Construction (CIAC), a prepayment, or sign a contract with a term of one year or longer, the electric utility shall provide the customer with information about on-site renewable energy and distributed generation technology alternatives. The information shall comply with guidelines established by the commission, and shall be provided to the customer at the time the estimate of the CIAC or prepayment is given to the customer. If no CIAC or prepayment is required, the information shall be given to the customer before a contract is signed. The information is intended to educate the customer on alternate options that are available.(8) As part of their initial contact, electric utility employees shall give the applicant a copy of the \"Your Rights as a Customer\" brochure, and inform an applicant of the right to file a complaint with the commission pursuant to §25.30 of this title (relating to complaints) if the applicant thinks the applicant has been treated unfairly.", "sourceNote": "Source Note: The provisions of this §25.22 adopted to be effective May 6, 1999, 24 TexReg 3315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "64049", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.23", "label": "Refusal of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176669", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acceptable reasons to refuse service. An electric utility may refuse to serve an applicant until the applicant complies with state and municipal regulations and the utility's rules and regulations on file with the commission or for any of the reasons identified below.(1) Applicant's facilities inadequate. The applicant's installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given, or the applicant's facilities do not comply with all applicable state and municipal regulations.(2) Violation of an electric utility's tariffs. The applicant fails to comply with the electric utility's tariffs pertaining to operation of nonstandard equipment or unauthorized attachments which interfere with the service of others. The electric utility shall provide the applicant notice of such refusal and afford the applicant a reasonable amount of time to comply with the utility's tariffs.(3) Failure to pay guarantee. The applicant has acted as a guarantor for another customer and failed to pay the guaranteed amount, where such guarantee was made in writing to the electric utility and was a condition of service.(4) Intent to deceive. The applicant applies for service at a location where another customer received, or continues to receive, service and the electric utility bill is unpaid at that location, and the electric utility can prove the change in identity is made in an attempt to help the other customer avoid or evade payment of an electric utility bill. An applicant may request a supervisory review as specified in §25.30 of this title (relating to Complaints) if the electric utility determines that the applicant intends to deceive the electric utility and refuses to provide service.(5) For indebtedness. The applicant owes a debt to any electric utility for the same kind of service as that being requested. In the event an applicant's indebtedness is in dispute, the applicant shall be provided service upon paying a deposit pursuant to §25.24 of this title (relating to Credit Requirements and Deposits).(6) Refusal to pay a deposit. Refusing to pay a deposit if applicant is required to do so under §25.24 of this title.(b) Applicant's recourse. If an electric utility has refused to serve an applicant under the provisions of this section, the electric utility must inform the applicant of the reason for its refusal and that the applicant may file a complaint with the commission as described in §25.30 of this title.(c) Insufficient grounds for refusal to serve. The following are not sufficient cause for refusal of service to an applicant:(1) delinquency in payment for service by a previous occupant of the premises to be served;(2) failure to pay for merchandise or charges for non-regulated services, including but not limited to insurance policies, Internet service, or home security services, purchased from the electric utility;(3) failure to pay a bill that includes more than the allowed six months of underbilling, unless the underbilling is the result of theft of service; or(4) failure to pay the bill of another customer at the same address except where the change in identity is made to avoid or evade payment of an electric utility bill.", "sourceNote": "Source Note: The provisions of this §25.23 adopted to be effective May 6, 1999, 24 TexReg 3315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176669", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.24", "label": "Credit Requirements and Deposits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Credit requirements for permanent residential applicants.(1) An electric utility may require a residential applicant for service to establish and maintain satisfactory credit as a condition of providing service.(A) Establishment of credit shall not relieve any customer from complying with the electric utility's requirements for prompt payment of bills.(B) The credit worthiness of spouses established during shared service in the 12 months prior to their divorce will be equally applied to both spouses for 12 months immediately after their divorce.(2) A residential applicant can demonstrate satisfactory credit using any one of the criteria listed in subparagraphs (A) through (C) of this paragraph.(A) The residential applicant:(i) has been a customer of any electric utility for the same kind of service within the last two years;(ii) is not delinquent in payment of any such electric utility service account;(iii) during the last 12 consecutive months of service was not late in paying a bill more than once;(iv) did not have service disconnected for nonpayment; and(v) is encouraged to obtain a letter of credit history from the applicant's previous electric utility, and electric utilities are encouraged to provide such information with the final bill.(B) The residential applicant demonstrates a satisfactory credit rating by appropriate means, including, but not limited to, the production of:(i) generally acceptable credit cards;(ii) letters of credit reference;(iii) the names of credit references which may be quickly and inexpensively contacted by the electric utility; or(iv) ownership of substantial equity that is easily liquidated.(C) The residential applicant is 65 years of age or older and does not have an outstanding account balance incurred within the last two years with the electric utility or another electric utility for the same type of utility service.(3) If satisfactory credit cannot be demonstrated by the residential applicant using these criteria, the applicant may be required to pay a deposit pursuant to subsection (c) of this section.(b) Credit requirements for non-residential applicants. For non-residential service, if an applicant's credit has not been demonstrated satisfactorily to the electric utility, the applicant may be required to pay a deposit.(c) Initial deposits.(1) A residential applicant or customer who is required to pay an initial deposit may provide the electric utility with a written letter of guarantee pursuant to subsection (j) of this section, instead of paying a cash deposit.(2) An initial deposit may not be required from an existing customer unless the customer was late paying a bill more than once during the last 12 months of service or had service disconnected for nonpayment. The customer may be required to pay this initial deposit within ten days after issuance of a written termination notice that requests such deposit. Instead of an initial deposit, the customer may pay the total amount due on the current bill by the due date of the bill, provided the customer has not exercised this option in the previous 12 months.(d) Additional deposits.(1) An additional deposit may be required if:(A) the average of the customer's actual billings for the last 12 months are at least twice the amount of the original estimated annual billings; and(B) a disconnection notice has been issued for the account within the previous 12 months.(2) An electric utility may require that an additional deposit be paid within ten days after the electric utility has issued a written disconnection notice and requested the additional deposit.(3) Instead of an additional deposit, the customer may pay the total amount due on the current bill by the due date of the bill, provided the customer has not exercised this option in the previous 12 months.(4) The electric utility may disconnect service if the additional deposit is not paid within ten days of the request, provided a written disconnection notice has been issued to the customer. A disconnection notice may be issued concurrently with either the written request for the additional deposit or current usage payment.(e) Deposits for temporary or seasonal service and for weekend residences. The electric utility may require a deposit sufficient to reasonably protect it against the assumed risk for temporary or seasonal service or weekend residences, as long as the policy is applied in a uniform and nondiscriminatory manner. These deposits shall be returned according to guidelines set out in subsection (k) of this section.(f) Amount of deposit. The total of all deposits shall not exceed an amount equivalent to one-sixth of the estimated annual billing.(g) Interest on deposits. Each electric utility requiring deposits shall pay interest on these deposits at an annual rate at least equal to that set by the commission on or before December 1 of the preceding calendar year, pursuant to Texas Utilities Code §183.003 (relating to Rate of Interest). If a deposit is refunded within 30 days of the date of deposit, no interest payment is required. If the electric utility keeps the deposit more than 30 days, payment of interest shall be made retroactive to the date of deposit.(1) Payment of the interest to the customer shall be made annually, if requested by the customer, or at the time the deposit is returned or credited to the customer's account.(2) The deposit shall cease to draw interest on the date it is returned or credited to the customer's account.(h) Notification to customers. When a deposit is required, the electric utility shall provide the applicant or customer written information about deposits by providing the \"Your Rights as a Customer\" brochure, which contains the relevant information.(i) Records of deposits.(1) The electric utility shall keep records to show:(A) the name and address of each depositor;(B) the amount and date of the deposit; and(C) each transaction concerning the deposit.(2) The electric utility shall issue a receipt of deposit to each applicant paying a deposit and shall provide means for a depositor to establish a claim if the receipt is lost.(3) A record of each unclaimed deposit must be maintained for at least four years.(4) The electric utility shall make a reasonable effort to return unclaimed deposits.(j) Guarantees of residential customer accounts.(1) A guarantee agreement between an electric utility and a guarantor must be in writing and shall be for no more than the amount of deposit the electric utility would require on the applicant's account pursuant to subsection (f) of this section. The amount of the guarantee shall be clearly indicated in the signed agreement.(2) The guarantee shall be voided and returned to the guarantor according to the provisions of subsection (k) of this section.(3) Upon default by a residential customer, the guarantor of that customer's account shall be responsible for the unpaid balance of the account only up to the amount agreed to in the written agreement.(4) The electric utility shall provide written notification to the guarantor of the customer's default, the amount owed by the guarantor, and the due date for the amount owed.(A) The electric utility shall allow the guarantor 16 days from the date of notification to pay the amount owed on the defaulted account. If the sixteenth day falls on a holiday or weekend, the due date shall be the next workday.(B) The electric utility may transfer the amount owed on the defaulted account to the guarantor's own service bill provided the guaranteed amount owed is identified separately on the bill as required by §25.25(c)(10) of this title (relating to the Issuance and Format of Bills).(5) The electric utility may disconnect service to the guarantor for nonpayment of the guaranteed amount only if the disconnection was included in the terms of the written agreement, and only after proper notice as described by paragraph (4) of this subsection, and §25.29(b)(5) of this title (relating to Disconnection of Service).(k) Refunding deposits and voiding letters of guarantee.(1) If service is not connected, or is disconnected, the electric utility shall promptly void and return to the guarantor all letters of guarantee on the account or provide written documentation that the contract has been voided, or refund the customer's deposit plus accrued interest on the balance, if any, in excess of the unpaid bills for service furnished. A transfer of service from one premise to another within the service area of the electric utility is not a disconnection, and no additional deposit may be required.(2) When the customer has paid bills for service for 12 consecutive residential billings or for 24 consecutive non-residential billings without having service disconnected for nonpayment of a bill and without having more than two occasions in which a bill was delinquent, and when the customer is not delinquent in the payment of the current bills, the electric utility shall promptly refund the deposit plus accrued interest to the customer, or void and return the guarantee or provide written documentation that the contract has been voided. If the customer does not meet these refund criteria, the deposit and interest or the letter of guarantee may be retained.(l) Re-establishment of credit. Every applicant who previously has been a customer of the electric utility and whose service has been disconnected for nonpayment of bills or theft of service (meter tampering or bypassing of meter) shall be required, before service is reconnected, to pay all amounts due the utility or execute a deferred payment agreement, if offered, and reestablish credit. The electric utility must prove the amount of utility service received but not paid for and the reasonableness of any charges for the unpaid service, and any other charges required to be paid as a condition of service restoration.(m) Upon sale or transfer of utility or company. Upon the sale or transfer of any electric utility or any of its operating units, the seller shall provide the buyer all required deposit records.", "sourceNote": "Source Note: The provisions of this §25.24 adopted to be effective May 6, 1999, 24 TexReg 3315; amended to be effective March 10, 2016, 41 TexReg 1681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143865", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.25", "label": "Issuance and Format of Bills" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "64052", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Frequency of bills. An electric utility shall issue bills monthly, unless otherwise authorized by the Public Utility Commission, or unless service is provided for a period less than one month. Bills shall be issued as promptly as possible after reading meters.(b) Billing information. The electric utility shall provide free to the customer a breakdown of charges at the time the service is initially installed or modified and upon request by the customer as well as the applicable rate schedule.(c) Bill content. Each customer's bill shall include all the following information:(1) if the meter is read by the electric utility, the date and reading of the meter at the beginning and at the end of the billing period;(2) the due date of the bill, as specified in §25.28 of this title (relating to Bill Payment and Adjustments);(3) the number and kind of units metered;(4) the applicable rate schedule and title or code should be provided upon request by the customer;(5) the total amount due after addition of any penalty for nonpayment within a designated period. The terms \"gross bill\" and \"net bill\" or other similar terms implying the granting of a discount for prompt payment shall be used only when an actual discount for prompt payment is granted. The terms shall not be used when a penalty is added for nonpayment within a designated period;(6) the word \"Estimated\" prominently displayed to identify an estimated bill;(7) any conversions from meter reading units to billing units, or any other calculations to determine billing units from recording or other devices, or any other factors used in determining the bill; and(8) any amount owed under a written guarantee contract provided the guarantor was previously notified in writing by the electric utility as required by §25.24 of this title (relating to Credit Requirements and Deposits).(9) To the extent that a utility applies a charge to the customer's bill that is consistent with one of the terms set out in this paragraph, the term shall be used in identifying charges on customer's bills, and the definitions in this paragraph shall be easily located on the utility's website. A utility may not use a different term for a charge that is defined in this paragraph.(A) Advanced metering charge--A charge to recover the costs of an advanced metering system;(B) Energy Charge--Any charge, other than a tax or other fee, that is assessed on the basis of the customer's energy consumption.(C) Energy Efficiency Cost Recovery Factor--A charge approved by the Public Utility Commission to recover the electric utility's cost of providing energy efficiency programs.(D) Fuel Charge--A charge approved by the Public Utility Commission for the recovery of the utility's costs for the fuel used to generate electricity.(E) Meter Number--The number assigned by the utility to the customer's meter.(F) Meter Charge--A charge approved by the Public Utility Commission for metering a customer's consumption.(G) Miscellaneous Gross Receipts Fee--A fee assessed to recover the miscellaneous gross receipts tax imposed on utilities operating in an incorporated city or town having a population of more than 1,000.(H) Municipal Franchise Fee--A fee assessed to compensate municipalities for the utility's use of public rights-of-way.(I) Nuclear Decommissioning Fee--A charge approved by the Public Utility Commission to provide funds for decommissioning of nuclear generating sites.(J) PUC Assessment--A fee assessed to recover the statutory fee for administering the Public Utility Regulatory Act.(K) Sales tax--Sales tax collected by authorized taxing authorities, such as the state, cities, and special purpose districts.(10) To the extent that a utility uses the concepts identified in this paragraph in a customer's bill, it shall use the term set out in this paragraph, and the definitions in this paragraph shall be easily located on the utility's website. A utility may not use a different term for a charge that is defined in this paragraph.(A) Current Meter Read--The meter reading at the end of the period for which the customer is being billed;(B) kW--Kilowatt, the standard unit for measuring electricity demand, equal to 1,000 watts;(C) kWh--Kilowatt-hour, the standard unit for measuring electricity energy consumption, equal to 1,000 watt-hours; and(D) Previous Meter Read--The reading on the beginning the period for which the customer is being billed.(d) Estimated bills.(1) An electric utility may submit estimated bills for good cause provided that an actual meter reading is taken no less than every third month. In months where the meter reader is unable to gain access to the premises to read the meter on regular meter reading trips, or in months when meters are not read, the electric utility must provide the customer with a postcard and request the customer to read the meter and return the card to the electric utility. If the postcard is not received by the electric utility in time for billing, the electric utility may estimate the meter reading and issue a bill.(2) If an electric utility has a program in which customers read their own meters and report their usage monthly and no meter reading is submitted by a customer the electric utility may estimate the customer's usage and issue a bill. However, the electric utility must read the meter if the customer does not submit readings for three consecutive months so that a corrected bill may be issued.(e) Record retention. Each electric utility shall maintain monthly billing records for each account for at least two years after the date the bill is mailed. The billing records shall contain sufficient data to reconstruct a customer's billing for a given month. Copies of a customer's billing records may be obtained by that customer on request.(f) Transfer of delinquent balances. If the customer has an outstanding balance due from another account in the same customer class, then the utility may transfer that balance to the customer's current account. The delinquent balance and specific account shall be identified as such on the bill.", "sourceNote": "Source Note: The provisions of this §25.25 adopted to be effective May 6, 1999, 24 TexReg 3315; amended to be effective January 6, 2010, 35 TexReg 78." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "64052", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.26", "label": "Spanish Language Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87095", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to each electric utility that serves a county where the number of Spanish speaking persons as defined in §25.5 of this title (relating to Definitions) is 2000 or more according to the most current U.S. Census of Population (Bureau of Census, U.S. Department of Commerce, Census of Population and Housing).(b) Written plan.(1) Requirement. Each electric utility shall have a commission-approved written plan that describes how a Spanish-speaking person is provided, or will be provided, reasonable access to the utility's programs and services.(2) Minimum elements. The written plan required by paragraph (1) of this subsection shall include a clear and concise statement as to how the electric utility is doing or will do the following, for each part of its entire system:(A) inform Spanish-speaking applicants how they can get information contained in the utility's plan in the Spanish language;(B) inform Spanish-speaking applicants and customers of their rights contained in this subchapter;(C) inform Spanish-speaking applicants and customers of new services, discount programs, and promotions;(D) allow Spanish-speaking persons to request repair service;(E) ballot Spanish-speaking customers for services requiring a vote by ballot;(F) allow access by Spanish-speaking customers to services specified in subchapter F of this chapter (relating to Metering);(G) inform its service and repair representatives of the requirements of the plan.", "sourceNote": "Source Note: The provisions of this §25.26 adopted to be effective May 6, 1999, 24 TexReg 3315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87095", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.27", "label": "Retail Electric Service Switchovers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165699", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Right to switchover.(1) General principles. A consumer has the right to switch retail electric service to any electric or municipally owned utility that has the right to provide service in the area in which the consumer's consuming facility is located, subject to the terms of any contract for electric service entered into pursuant to the disconnecting utility's tariff. Because a consuming facility for which a switchover is sought can obtain electric service from the disconnecting utility prior to the switchover, an electric or municipally owned utility shall give a switchover a lower priority than the elimination of outages and requests for service to consuming facilities that do not have service. Nevertheless, a switchover shall be performed as soon as reasonably possible, and the disconnecting and connecting utilities shall strive to take the actions required below more quickly than the deadlines listed below. In addition, the disconnecting and connecting utilities shall minimize any outages related to making a switchover.(2) Options and availability. This section provides two switchover options: partial switchover and full switchover. All subsections of this section apply to electric utilities, while only subsections (a), (c), (e), and (g) of this section apply to municipally owned utilities. The partial switchover option is not available in a particular area prior to September 1, 1999 and prior to such time as both the disconnecting and connecting utilities have approved tariffs for transmission service at the transmission and primary and secondary distribution voltage levels. Until the utilities have such approved tariffs, subsections (d) and (e) of this section do not apply. In addition, the partial switchover option is not available to the extent that it would reduce the state's jurisdiction over a utility. The provisions for full switchovers in this section become effective for a particular area once the electric utilities that have a right to provide service in the area have tariffs in effect that are consistent with this section.(3) Limitations and refunds. A consuming facility may not be switched more than once every 12 months. A consumer or connecting utility who pays a switchover fee does not waive the right to seek a refund on the basis that the switchover fee was excessive. In addition, a connecting utility or consumer who buys facilities pursuant to this section waives the right to seek a refund only if it expressly agrees to waive that right.(b) Definitions. As used in this section, the following terms have the following meanings.(1) Idle facilities--The disconnecting utility's facilities that are used to serve only the consuming facility being switched, as well as the easements for these facilities. For consuming facilities served above 480 volts, idle facilities also include costs, or a portion of costs, pertaining to the upgrade of transmission and distribution facilities that were necessary to serve the consuming facility, if the current or prior owner of the consuming facility agreed to pay the costs upon switching. In all other respects, idle facilities do not include facilities that were installed or are being used to serve more than one consuming facility, including: facilities that were designed with a capacity greater than necessary to serve the consuming facility being switched in order that additional consuming facilities could be served using the facilities in the future; and upgrades that were made to common facilities in order to serve the consuming facility being switched.(2) Common facilities--The disconnecting utility's facilities that are used, installed, or designed to serve more than one consuming facility, except as specified in the definition of idle facilities.(c) Documentation. The requests, notices, offers, agreements, and switchover requests provided for in this section must be in writing, unless otherwise indicated.(d) Notice of switchover options. Upon receiving an oral switchover request, the disconnecting utility shall at that time orally describe the two switchover options, including stating that there is no charge for a partial switchover, stating that there will be a switchover fee for a full switchover, stating that switchover requests must be in writing, stating that written general information on switchover fees will be provided within two working days, and providing a fax number and mailing address to send the switchover request. Within two working days of a switchover request that does not specify whether a partial or full switchover is being requested, the disconnecting utility shall provide the consumer a document describing the two switchover options, including a statement that there is no charge for a partial switchover, specifying for a full switchover the base charge and base charge adder and stating that the facilities recovery charge will vary depending on the circumstances, and providing the deadlines prescribed in subsection (f)(2)(C) of this subsection for the disconnecting utility to notify the connecting utility after payment of the switchover fee that the full switchover can proceed.(e) Partial switchover.(1) Description. Under the partial switchover option, the connecting utility provides power to the consuming facility using the disconnecting utility's transmission and/or distribution facilities. The disconnecting utility shall provide the connecting utility transmission service to the same point of delivery that the disconnecting utility provided electricity to the consuming facility prior to the switchover. Except where necessary or where the connecting utility requests it, all of the disconnecting utility's facilities needed to serve the consuming facility prior to the switchover shall remain in place. The disconnecting utility may not charge a switchover fee for a partial switchover, except that it may charge the connecting utility a cost-based fee where the connecting utility requests that the disconnecting utility remove facilities that were needed by the disconnecting utility to serve the consuming facility prior to the switchover. In addition, the disconnecting utility may charge a switching customer any account closing fee that applies to all departing customers, not just switching customers.(2) Procedure for partial switchover. The disconnecting utility shall contact the connecting utility within three working days of receiving a request for a partial switchover in order to coordinate the switchover. The switchover shall occur within eight working days of the disconnecting utility's receipt of the request, unless the consumer agrees to a longer schedule or unless good cause exists for not completing the switchover within eight working days. If the switchover will not be completed within eight working days, then the disconnecting utility must notify the consumer, with copies to the commission's Office of Customer Protection and to the connecting utility, providing the reasons why the switchover has been delayed and when the switchover will be completed. This notice must be provided as soon as possible, by fax to the commission's Office of Customer Protection, connecting utility, and, if possible, the consumer.(f) Full switchover. A full switchover involves the disconnecting utility disconnecting its facilities and the connecting utility installing and/or purchasing transmission and/or distribution facilities to serve the consuming facility. If the consumer is a tenant, the consumer must obtain the clear and specific agreement of the owner or owner's agent to switch over the consuming facility and must provide it to the disconnecting utility as an attachment to a notarized affidavit stating that the consumer has obtained the owner's or owner's agent's agreement. This subsection does not apply within municipalities exercising original jurisdiction that enacted switchover rules by August 28, 1998 that provide for more expeditious full switchovers than provided by this subsection.(1) Switchover fee. The switchover fee applies regardless of whether the consumer requesting the switchover has ever received service from the disconnecting utility at the consuming facility. The fee consists of a base charge and, where applicable, a base charge adder and facilities recovery charge. The disconnecting utility may not include in the switchover fee a charge for general administrative expenses related to closing the consumer's account. However, the disconnecting utility shall charge a switching customer any account closing fee that applies to all departing customers, not just switching customers. Where the disconnecting utility is allowed to charge for the original cost of facilities, it must deduct contributions in aid of construction that apply to those facilities. Accumulated depreciation shall be calculated using the depreciation rates that are currently used to book depreciation. Upon the payment of the switchover fee or purchase, or refusal of an offer to purchase, under the circumstances described in subparagraph (B)(i) of this paragraph, any construction charges owed by the consumer, pursuant to a contract entered into after the effective date of this subsection, for idle facilities used to provide service to the consuming facility being switched are extinguished.(A) Base charge and base charge adder. A base charge applies to the switchover of a consuming facility served at 480 volts or less. The base charge is equal to the cost of removing any meter and drop line used to serve the consuming facility, and shall be specified in the disconnecting utility's tariff. The switchover fee shall not include the original cost less depreciation and gross salvage of the meter and drop line for switchovers for which the base charge applies. A base charge adder that is less than the base charge must also be specified in the tariff to cover the situation where a consumer switches more than one consuming facility on the same premises at the same time. The base charge adder is equal to the cost of removing any meter and drop line used to serve each additional consuming facility.(B) Facilities recovery charge. The purpose of the facilities recovery charge is to recover costs related to idle facilities, other than meter and drop line costs covered by a base charge or base charge adder.(i) Availability of facilities recovery charge. The disconnecting utility may not impose a facilities recovery charge for idle facilities if the connecting utility or consumer purchases the idle facilities at a price equal to net book value and signs an agreement indemnifying the disconnecting utility from liability for the facilities after the purchase of the facilities. Before a consumer can purchase the facilities, it must prove that it has the financial resources to protect the disconnecting utility from liability risks resulting from the sale. Where more than one consumer requests a switchover, the disconnecting utility may not impose a facilities recovery charge for idle facilities if the connecting utility purchases the idle facilities and the common facilities used to serve the consuming facilities being switched, but not used to serve any consuming facilities not being switched, at a price equal to replacement cost less depreciation and signs an indemnity agreement. Replacement cost is equal to: the average original cost of like facilities installed in the most recent full calendar year for which information is available, that would be necessary to serve the consuming facilities being switched if facilities were first installed to serve the consuming facilities at the time of the switchover requests; plus the cost of easements for the facilities if the easements were obtained at the time of the switchover requests. The disconnecting utility also may not impose a facilities recovery charge if it refuses an offer to purchase under the conditions described in this subparagraph.(ii) Components of facilities recovery charge. The facilities recovery charge consists of the net book value (original cost less depreciation) less net salvage (gross salvage less cost of removal) of the idle facilities. In determining the net book value of the facilities, the original cost of the specific facilities should be used. If the original cost of the specific facilities is not available, the installation date of the facilities shall be determined or estimated and the average original cost of like facilities installed by the disconnecting utility in that year shall be used. If average original cost information is not available for the year in which the idle facilities were installed, then the average original cost of like facilities installed in the most recent full calendar year for which information is available shall be used and shall be deflated to the installation date of the idle facilities. Where average original cost information is used, the average original cost information shall be determined using the information for the operating division in which the consuming facility to be switched is located, if the disconnecting utility maintains original cost information by division.(C) Labor charges. Labor charges for removing facilities are limited to a reasonable estimate of the direct labor cost (salary, insurance, pension, payroll taxes, etc.) for the time of persons needed to remove the facilities. No allocation of general overhead labor is allowed, but any necessary supervisory or engineering labor specific to the removal of the facilities may be included.(D) Quantification of charges. The calculation of the base charge, base charge adder, and facilities recovery charge may involve the making of estimates. To the extent that there is a range of reasonable estimates for a particular charge, the estimate at the low end of the range should be used, so that the amount of the switchover fee will be minimized, but still be reasonable and in conformance with this section. Unless the consumer agrees otherwise, there will be no refund or surcharge if the actual cost of performing the switchover is less than or greater than the switchover fee. Instead of a utility-specific base charge and base charge adder, the commission may, through the issuance of an order, establish a single base charge and a single base charge adder to be used by all electric utilities. Likewise, the commission may, through the issuance of an order, establish fixed dollar charges for components of the facilities recovery charge.(E) Payment of switchover fee and other charges. Before the connecting utility provides service, the disconnecting utility has the right to receive payment of the switchover fee and any other outstanding charges. The connecting utility shall not reimburse the consumer for the switchover fee, and may pay the switchover fee only if the consumer agrees prior to the connecting utility's payment of the fee that the consumer will reimburse the connecting utility for the fee. The agreement must contain a plan for the payment of the fee within a reasonable period of time.(2) Procedure for full switchover.(A) Notice of switchover fee and procedure. Upon receiving a request for a full switchover, the disconnecting utility must provide the consumer a document that quantifies the switchover fee within 15 working days. This document must be in 12 point, non-bold type and must itemize the base charge, base charge adder, and the facilities recovery charge of the switchover fee. In addition, the document must itemize the components of the facilities recovery charge, including a description of the idle facilities, the installation dates of the idle facilities, the original cost of the idle facilities, the accumulated depreciation associated with the idle facilities, the depreciation rates used to calculate the accumulated depreciation, transportation charges for removing the idle facilities, labor rates, labor hours for removing the idle facilities, and the gross salvage value of the idle facilities. The document must also state immediately below these itemizations, in bold, and in not less than 12 point type: \"(Disconnecting utility) may not impose a facilities recovery charge under the circumstances described in Public Utility Commission of Texas Substantive Rule §25.27(f)(1)(B)(i). On request, you will be provided a copy of Rule §25.27.\"(B) Sale of both common and idle facilities. If a group of consumers request switchovers, the switchovers may necessitate that the connecting utility acquire common and idle facilities in that case. Within 15 working days of receipt of a request from the connecting utility, the disconnecting utility must provide by fax and mail a detailed, reasonable estimate of replacement cost less depreciation for the idle facilities and the common facilities used to serve the consuming facilities to be switched, but not used to serve any consuming facilities not being switched.(C) Offer to purchase facilities. Within five working days of receipt of an offer to purchase idle and/or common facilities under the conditions described in paragraph (1)(B)(i) of this subsection, the disconnecting utility must notify the connecting utility by fax, with copies by mail or fax to the consumers, whether it accepts or rejects the offer. If the disconnecting utility rejects the offer, it must also provide revised switchover fees that delete the facilities recovery charges, at the same time that it provides notice of rejection of the offer.(D) Payment of switchover fee and outstanding balances. Until the switchover fee and all outstanding balances are paid to the disconnecting utility, neither the disconnecting utility nor the connecting utility is under any obligation to take steps to make the switchover, and the connecting utility must not provide service to the consuming facility being switched until it receives notice from the disconnecting utility that the switchover can proceed. The disconnecting utility must within the following deadlines from the receipt of payment, notify the connecting utility by fax that the switchover can proceed: two working days for payment by cash, money order, cashier's check, or, if accepted by the disconnecting utility for bill payment, credit card, and five working days for payment by personal check or other forms of payment.(E) Deadline for full switchover. Once the disconnecting utility notifies the connecting utility that the switchover can proceed and once the connecting utility notifies the disconnecting utility by fax that the consumer has satisfied the conditions for service from the connecting utility, the switchover must be completed within ten working days unless the consumer agrees to a longer schedule, good cause exists for the disconnecting utility not being able to complete the switchover within ten working days, or the connecting utility needs more time to install facilities, so long as the connecting utility complies with the rules concerning responses to requests for service that apply regardless of whether the request relates to a switchover. If the disconnecting utility does not meet the deadline, then the disconnecting utility must notify the consumer, with copies to the commission's Office of Customer Protection and the connecting utility, providing the reasons why the switchover has been delayed and when the switchover will be completed. This notice must be provided as soon as possible, by fax to the commission's Office of Customer Protection, the connecting utility and, if possible, the consumer.(F) Consumer's failure to pay. The consumer may continue to incur charges for retail electric service from the disconnecting utility after the consumer pays the switchover fee and outstanding balances, and may have an unfulfilled contractual obligation that requires future payment of charges to the disconnecting utility. The disconnecting utility has the right to payment of these charges consistent with §23.45 of this title (relating to Billing). If the consumer has not paid the charges within the appropriate time, the disconnecting utility may notify the connecting utility of the consumer's failure to pay and request that the consumer be disconnected, and must at the same time provide a copy of the notice to the consumer, by fax if possible. Upon receipt of such notification and request and upon receipt from the disconnecting utility of an agreement indemnifying the connecting utility from liability for improper cause for disconnection of service, the connecting utility must disconnect the consumer's service in compliance with the procedures in §23.46 of this title (relating to Discontinuance of Service). Immediately upon verification of the consumer's correction of its failure, the disconnecting utility must notify the connecting utility by fax that the consumer's failure has been corrected, and the connecting utility must immediately reconnect service. The connecting utility shall charge a switching customer any disconnection or reconnection fee that applies to all disconnected customers, not just those who have been disconnected pursuant to this subparagraph.(g) Complaint concerning a switchover. A consumer complaint to the commission concerning a switchover shall be handled according to §23.41(c) of this title (relating to Customer Relations), with the following modification. The commission will forward a complaint that it receives to both the disconnecting utility and the connecting utility, and both utilities must provide an initial response within the deadline specified in §23.41(c).(h) Compliance tariff provisions. An electric utility that has the right to serve in an area for which another utility also has the right to provide retail electric service shall include in its tariff a section entitled \"Retail Electric Service Switchovers\". Immediately below this title, the tariff shall state: \"A request to switch service to a consuming facility to another utility that has the right to serve the facility shall be handled pursuant to Public Utility Commission of Texas Substantive Rule §25.27, a copy of which will be provided upon request.\" Immediately below this statement, the tariff must specify the electric utility's base charge and base charge adder. The electric utility's tariff shall not include any other information addressing retail electric service switchovers.", "sourceNote": "Source Note: The provisions of this §25.27 adopted to be effective March 2, 1999, 24 TexReg 1368." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165699", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.28", "label": "Bill Payment and Adjustments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164785", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Bill due date. The bill provided to the customer shall include the payment due date which shall not be less than 16 days after issuance. The issuance date is the postmark date on the envelope or the issuance date on the bill if there is no postmark on the envelope. A payment for electric utility service is delinquent if not received at the electric utility or at the electric utility's authorized payment agency by the close of business on the due date. If the sixteenth day falls on a holiday or weekend, then the due date shall be the next work day after the sixteenth day.(b) Penalty on delinquent bills for retail service. A one-time penalty not to exceed 5.0% may be charged on a delinquent commercial or industrial bill. The 5.0% penalty on delinquent bills may not be applied to any balance to which the penalty has already been applied. An electric utility providing any service to the state of Texas shall not assess a fee, penalty, interest, or other charge to the state for delinquent payment of a bill.(c) Overbilling. If charges are found to be higher than authorized in the utility's tariffs, then the customer's bill shall be corrected.(1) The correction shall be made for the entire period of the overbilling.(2) If the utility corrects the overbilling within three billing cycles of the error, it need not pay interest on the amount of the correction.(3) If the utility does not correct the overcharge within three billing cycles of the error, it shall pay interest on the amount of the overcharge at the rate set by the commission each year.(A) The interest rate shall be based on an average of prime commercial paper rates for the previous 12 months.(B) Interest on overcharges that are not adjusted by the electric utility within three billing cycles of the bill in error shall accrue from the date of payment or from the date of the bill in error.(C) All interest shall be compounded monthly based on the annual rate.(D) Interest shall not apply to leveling plans or estimated billings.(d) Underbilling. If charges are found to be lower than authorized by the utility's tariffs, or if the electric utility failed to bill the customer for service, then the customer's bill may be corrected.(1) The electric utility may backbill the customer for the amount that was underbilled. The backbilling shall not collect charges that extend more than six months from the date the error was discovered unless the underbilling is a result of theft of service by the customer.(2) The electric utility may disconnect service if the customer fails to pay underbilled charges.(3) If the underbilling is $50 or more, the electric utility shall offer the customer a deferred payment plan option for the same length of time as that of the underbilling. A deferred payment plan need not be offered to a customer whose underpayment is due to theft of service.(4) The utility shall not charge interest on underbilled amounts unless such amounts are found to be the result of theft of service (meter tampering, bypass, or diversion) by the customer, as defined in §25.126 of this title (relating to Adjustments Due to Non-Compliant Meters and Meter Tampering in Areas Where Customer Choice Has Been Introduced). Interest on underbilled amounts shall be compounded monthly at the annual rate and shall accrue from the day the customer is found to have first stolen (tampered, bypassed or diverted) the service.(e) Disputed bills.(1) If there is a dispute between a customer and an electric utility about a bill for service, the electric utility shall investigate and report the results to the customer. If the dispute is not resolved, the electric utility shall inform the customer of the complaint procedures of the commission pursuant to §25.30 of this title (relating to Complaints).(2) A customer's service shall not be disconnected for nonpayment of the disputed portion of the bill until the dispute is completely resolved by the electric utility.(3) If the customer files a complaint with the commission, a customer's service shall not be disconnected for nonpayment of the disputed portion of the bill before the commission completes its informal complaint resolution process and informs the customer of its determination.(4) The customer is obligated to pay any billings not disputed.(f) Notice of alternate payment programs or payment assistance. When a customer contacts an electric utility and indicates inability to pay a bill or a need for assistance with the bill payment, the electric utility shall inform the customer of all alternative payment and payment assistance programs available from the electric utility, such as deferred payment plans, disconnection moratoriums for the ill, payment assistance program for veterans severely burned in combat, or energy assistance programs, as applicable, and of the eligibility requirements and procedure for applying for each.(g) Level and average payment plans. Electric utilities with seasonal usage patterns or seasonal demands are encouraged to offer a level or average payment plan.(1) The payment plan may use one of the following methods:(A) A level payment plan allowing residential customers to pay one-twelfth of that customer's estimated annual consumption at the appropriate customer class rates each month, with provisions for annual adjustments as may be determined based on actual electric use.(B) An average payment plan allowing residential customers to pay one-twelfth of the sum of that customer's current month's consumption plus the previous 11 months consumption (or an estimate, for a new customer) at the appropriate customer class rates each month, plus a portion of any unbilled balance.(2) If a customer for electric utility service does not fulfill the terms and obligations of a level payment agreement or an average payment plan, the electric utility shall have the right to disconnect service to that customer pursuant to §25.29 of this title (relating to Disconnection of Service).(3) The electric utility may require a customer deposit from all customers entering into level payment plans or average payment plans pursuant to the requirements §25.24 of this title (relating to Credit Requirements and Deposits). The electric utility shall pay interest on the deposit and may retain the deposit for the duration of the level or average payment plan.(h) Payment arrangements. A payment arrangement is any agreement between the electric utility and a customer that allows a customer to pay the outstanding bill after its due date but before the due date of the next bill. If the utility issued a disconnection notice before the payment arrangement was made, that disconnection should be suspended until after the due date for the payment arrangement. If a customer does not fulfill the terms of the payment arrangements, the electric utility may disconnect service after the later of the due date for the payment arrangement or the disconnection date indicated in the disconnection notice, pursuant to §25.29 of this title without issuing an additional disconnection notice.(i) Deferred payment plans. A deferred payment plan is any written arrangement between the electric utility and a customer that allows a customer to pay an outstanding bill in installments that extend beyond the due date of the next bill. A deferred payment plan may be established in person or by telephone, and all deferred payment plans shall be put in writing.(1) The electric utility shall offer a deferred payment plan to any residential customer, including a guarantor of any residential customer, who has expressed an inability to pay all of the bill, if that customer has not been issued more than two disconnection notices during the preceding 12 months.(2) Every deferred payment plan shall provide that the delinquent amount may be paid in equal installments lasting at least three billing cycles.(3) When a customer has received service from its current electric utility for less than three months, the electric utility is not required to offer a deferred payment plan if the customer lacks:(A) sufficient credit; or(B) a satisfactory history of payment for service from a previous utility.(4) Every deferred payment plan offered by an electric utility:(A) shall state, immediately preceding the space provided for the customer's signature and in boldface type no smaller than 14 point size, the following: \"If you are not satisfied with this contract, or if agreement was made by telephone and you feel this contract does not reflect your understanding of that agreement, contact the electric utility immediately and do not sign this contract. If you do not contact the electric utility, or if you sign this agreement, you may give up your right to dispute the amount due under the agreement except for the electric utility's failure or refusal to comply with the terms of this agreement.\" In addition, where the customer and the electric utility representative or agent meet in person, the electric utility representative shall read the preceding statement to the customer. The electric utility shall provide information to the customer in English and Spanish as necessary to make the preceding boldface language understandable to the customer;(B) may include a 5.0% penalty for late payment but shall not include a finance charge;(C) shall state the length of time covered by the plan;(D) shall state the total amount to be paid under the plan;(E) shall state the specific amount of each installment;(F) shall allow the electric utility to disconnect service if the customer does not fulfill the terms of the deferred payment plan, and shall state the terms for disconnection;(G) shall not refuse a customer participation in such a program on the basis of race, color, sex, nationality, religion, or marital status;(H) shall be signed by the customer and a copy of the signed plan must be provided to the customer. If the agreement is made over the telephone, then the electric utility shall send a copy of the plan to the customer for signature; and(I) shall allow either the customer or the electric utility to initiate a renegotiation of the deferred payment plan if the customer's economic or financial circumstances change substantially during the time of the deferred payment plan.(5) An electric utility may disconnect a customer who does not meet the terms of a deferred payment plan. However, the electric utility may not disconnect service until a disconnection notice has been issued to the customer indicating that the customer has not met the terms of the plan. The notice and disconnection shall conform with the disconnection rules in §25.29 of this title. The electric utility may renegotiate the deferred payment plan agreement prior to disconnection. If the customer did not sign the deferred payment plan, and is not otherwise fulfilling the terms of the plan, and the customer was previously provided a disconnection notice for the outstanding amount, no additional disconnection notice shall be required.(j) Recovery of costs associated with burned veteran payment assistance program.(1) An electric utility shall be allowed to recover a cost or expense of the bill payment assistance program established for military veterans when a medical doctor has certified that the veteran has significantly decreased ability to regulate the body temperature because of severe burns received in combat.(2) The electric utility is entitled to:(A) Fully recover all costs and expenses related to the bill payment assistance program;(B) Defer each cost or expense related to the bill payment assistance program not explicitly included in base rates; and(C) Apply carrying charges at the utility's weighted average cost of capital to the extent related to the bill payment assistance program. Carrying charges shall be calculated by multiplying the balance of deferred costs and expenses of the bill payment assistance program by the utility's weighted-average cost of capital (WACC) as established for the utility in a final commission order in a base rate case, provided that the order was filed within three years prior to the initiation of the bill payment assistance program. Otherwise, a proxy WACC shall be used, with a cost of equity of 10%; and the capital structure and cost of debt as reported in the utility's most recent Earnings Monitoring Report filed pursuant to §25.73 of this title (relating to Financial and Operating Reports), adjusted for known and measurable changes.", "sourceNote": "Source Note: The provisions of this §25.28 adopted to be effective May 6, 1999, 24 TexReg 3315; amended to be effective January 9, 2014, 39 TexReg 212." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164785", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.29", "label": "Disconnection of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213335", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Disconnection policy. If an electric utility chooses to disconnect a customer, it must follow the procedures below, or modify them in ways that are more generous to the customer in terms of the cause for disconnection, the timing of the disconnection notice, and the period between notice and disconnection. Each electric utility is encouraged to develop specific policies for disconnection that treat its customers with dignity and respect its customers' or members' circumstances and payment history, and to implement those policies in ways that are consistent and non-discriminatory. Disconnection is an option allowed by the commission, not a requirement placed upon the utility by the commission.(b) Disconnection with notice. Electric utility service may be disconnected after proper notice for any of these reasons:(1) failure to pay a bill for electric utility service or make deferred payment arrangements by the date of disconnection;(2) failure to comply with the terms of a deferred payment agreement;(3) violation of the electric utility's rules on using service in a manner which interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation;(4) failure to pay a deposit as required by §25.24 of this title (relating to Credit Requirements and Deposits); or(5) failure of the guarantor to pay the amount guaranteed, when the electric utility has a written agreement, signed by the guarantor, that allows for disconnection of the guarantor's service.(c) Disconnection without prior notice. Electric utility service may be disconnected without prior notice for any of the following reasons:(1) where a known dangerous condition exists for as long as the condition exists. Where reasonable, given the nature of the hazardous condition, the electric utility shall post a notice of disconnection and the reason for the disconnection at the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected;(2) where service is connected without authority by a person who has not made application for service;(3) where service was reconnected without authority after termination for nonpayment; or(4) where there has been tampering with the electric utility company's equipment or evidence of theft of service.(d) Disconnection prohibited. Electric utility service may not be disconnected for any of the following reasons:(1) delinquency in payment for electric utility service by a previous occupant of the premises;(2) failure to pay for merchandise, or charges for non-electric utility service, including but not limited to insurance policies or home security systems, provided by the electric utility;(3) failure to pay for a different type or class of electric utility service unless charges for such service were included on that account's bill at the time service was initiated;(4) failure to pay charges arising from an underbilling, except theft of service, more than six months prior to the current billing;(5) failure to pay disputed charges, except for the required average billing payment, until a determination as to the accuracy of the charges has been made by the electric utility or the commission and the customer has been notified of this determination;(6) failure to pay charges arising from an underbilling due to any faulty metering, unless the meter has been tampered with or unless such underbilling charges are due under §25.126 of this title (relating to Adjustments Due to Non-Compliant Meters and Meter Tampering in Areas Where Customer Choice Has Been Introduced); or(7) failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan, unless the electric utility is unable to read the meter due to circumstances beyond its control.(e) Disconnection on holidays or weekends. Unless a dangerous condition exists or the customer requests disconnection, service shall not be disconnected on holidays or weekends, or the day immediately preceding a holiday or weekend, unless utility personnel are available on those days to take payments and reconnect service.(f) Disconnection due to electric utility abandonment. No electric utility may abandon a customer or a certified service area without written notice to its customers and all similar neighboring utilities, and approval from the commission.(g) Disconnection of ill and disabled. No electric utility may disconnect service at a permanent, individually metered dwelling unit of a delinquent customer when that customer establishes that disconnection of service will cause some person residing at that residence to become seriously ill or more seriously ill.(1) Each time a customer seeks to avoid disconnection of service under this subsection, the customer must accomplish all of the following by the stated date of disconnection:(A) have the person's attending physician (for purposes of this subsection, the term \"physician\" shall mean any public health official, including medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) call or contact the electric utility by the stated date of disconnection;(B) have the person's attending physician submit a written statement to the electric utility; and(C) enter into a deferred payment plan.(2) The prohibition against service termination provided by this subsection shall last 63 days from the issuance of the electric utility bill or a shorter period agreed upon by the electric utility and the customer or physician.(h) Disconnection of energy assistance clients. No electric utility may terminate service to a delinquent residential customer for a billing period in which the electric utility receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue service.(i) Disconnection during extreme weather. An electric utility cannot disconnect a customer anywhere in its service territory on a day when:(1) the previous day's highest temperature did not exceed 32 degrees Fahrenheit, and the temperature is predicted to remain at or below that level for the next 24 hours, according to the nearest National Weather Service (NWS) reports; or(2) the NWS issues a heat advisory for any county in the electric utility's service territory, or when such advisory has been issued on any one of the preceding two calendar days.(j) Disconnection of master-metered apartments. When a bill for electric utility services is delinquent for a master-metered apartment complex:(1) The electric utility shall send a notice to the customer as required in subsection (k) of this section. At the time such notice is issued, the electric utility shall also inform the customer that notice of possible disconnection will be provided to the tenants of the apartment complex in six days if payment is not made before that time.(2) At least six days after providing notice to the customer and at least four days before disconnecting, the electric utility shall post a minimum of five notices in conspicuous areas in the corridors or other public places of the apartment complex. Language in the notice shall be in large type and shall read: \"Notice to residents of (name and address of apartment complex): Electric utility service to this apartment complex is scheduled for disconnection on (date), because (reason for disconnection).\"(k) Disconnection notices. Any disconnection notice issued by an electric utility to a customer must:(1) not be issued before the first day after the bill is due, to enable the utility to determine whether the payment was received by the due date. Payment of the delinquent bill at the electric utility's authorized payment agency is considered payment to the electric utility.(2) be a separate mailing or hand delivered with a stated date of disconnection with the words \"disconnection notice\" or similar language prominently displayed.(3) have a disconnection date that is not a holiday or weekend day, not less than ten days after the notice is issued.(4) be in English and in Spanish.(5) include a statement notifying the customer that if they need assistance paying their bill by the due date, or are ill and unable to pay their bill, they may be able to make some alternate payment arrangement, establish deferred payment plan, or possibly secure payment assistance. The notice shall also advise the customer to contact the electric utility for more information.(l) Electric service disconnection of a non-submetered master metered multifamily property.(1) In this subsection, \"non-submetered master metered multifamily property\" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service that is master metered but not submetered.(2) An electric utility in an area where customer choice has not been introduced shall send a written notice of service disconnection to a municipality before disconnecting service to a non-submetered master metered multifamily property for nonpayment if:(A) the property is located in the municipality; and(B) the municipality establishes an authorized representative to receive the notice as described by paragraph (3) of this subsection.(3) No later than January 1st of every year, a municipality wishing to receive notice of disconnection of electric service to a non-submetered master metered multifamily property shall provide the commission with the contact information for the municipality's authorized representative referenced by paragraph (2) of this subsection by submitting that person's name, title, direct mailing address, telephone number, and email address in a P.U.C. Project Number to be established annually for that purpose. The email address provided by the municipality may be for a general mailbox accessible by the authorized representative established for the purpose of receiving such notices.(4) After January 1st, but no later than January 15th of every year, the commission shall post on its public website the contact information received from every municipality pursuant to paragraph (3) of this subsection. The contact information posted by the commission shall remain in effect during the subsequent 12-month period of February 1 through January 31 for the purpose of the written notice of disconnection required by paragraph (2) of this subsection.(5) The electric utility shall email the written notice required by this subsection to the municipality's authorized representative not later than the 10th day before the date electric service is scheduled for disconnection. Additional notice may be provided by third-party commercial carrier delivery or certified mail.(6) The customer safeguards provided by this subsection are in addition to safeguards provided by other law or agency rules.(7) This subsection does not prohibit a municipality or the commission from adopting customer safeguards that exceed the safeguards provided by this chapter.", "sourceNote": "Source Note: The provisions of this §25.29 adopted to be effective May 6, 1999, 24 TexReg 3315; amended to be effective December 11, 2013, 38 TexReg 8819." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213335", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.30", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214262", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints to the electric utility. A customer or applicant may file a complaint in person, by letter, or by telephone with the electric utility. The electric utility must promptly investigate and advise the complainant of the results within 21 days.(b) Supervisory review by the electric utility. Any electric utility customer or applicant has the right to request a supervisory review if they are not satisfied with the electric utility's response to their complaint.(1) If the electric utility is unable to provide a supervisory review immediately following the customer's request, then arrangements for the review must be made for the earliest possible date.(2) Service must not be disconnected before completion of the review. If the customer chooses not to participate in a review, then the company may disconnect service, providing proper notice has been issued under the disconnect procedures in §25.29 of this title (relating to Disconnection of Service).(3) The results of the supervisory review must be provided in writing to the customer within ten days of the review, if requested.(4) Customers who are dissatisfied with the electric utility's supervisory review must be informed of their right to file a complaint with the commission.(c) Complaints to the commission.(1) If the complainant is dissatisfied with the results of the electric utility's complaint investigation or supervisory review, the electric utility must advise the complainant of the commission's informal complaint resolution process. The electric utility must also provide the customer the following contact information for the commission: Public Utility Commission of Texas, Office of Customer Protection, P.O. Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512)936-7003, e-mail address: customer@puc.texas.gov, internet address: www.puc.texas.gov, and Relay Texas (toll-free) 1-800-735-2989.(2) The electric utility must investigate all complaints and advise the commission in writing of the results of the investigation within 15 days after the complaint is forwarded to the electric utility. For complaints filed with the commission before September 1, 2023, the deadline is 21 days after the complaint is forwarded.(3) The electric utility must keep a record for two years after determination by the commission of all complaints forwarded to it by the commission. This record must show the name and address of the complainant, the date, nature and adjustment or disposition of the complaint. Protests regarding commission-approved rates or charges must require no further action by the electric utility need not be recorded.", "sourceNote": "Source Note: The provisions of this §25.30 adopted to be effective May 6, 1999, 24 TexReg 3315; amended to be effective April 26, 2023, 48 TexReg 2089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214262", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.31", "label": "Information to Applicants and Customers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148513", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Information to applicants. Each electric utility must provide this information to applicants when they request new service or transfer existing service to a new location:(1) the electric utility's lowest-priced alternatives available at the applicant's location. The information must begin with the lowest-priced alternative and give full consideration to applicable equipment options and installation charges;(2) the electric utility's alternate rate schedules and options, including time of use rates and renewable energy tariffs if available; and(3) the customer information packet described in subsection (c) of this section. This is not required for the transfer of existing service.(b) Information regarding rate schedules and classifications and electric utility facilities.(1) Each utility must notify customers affected by a change in rates or schedule of classifications.(2) Each electric utility must maintain copies of its rate schedules and rules in each office where applications are received.(3) Each electric utility must post a notice in a conspicuous place in each office where applications are received, informing the public that copies of the rate schedules and rules relating to the service of the electric utility, as filed with the commission, are available for inspection.(4) Each electric utility must maintain a current set of maps showing the physical locations of its facilities that includes an accurate description of all facilities (substations, transmission lines, etc.). These maps must be kept by the electric utility in a central location and will be available for commission inspection during normal working hours. Each business office or service center must have available up-to-date maps, plans, or records of its immediate service area, with other information as may be necessary to enable the electric utility to advise applicants, and others entitled to the information, about the facilities serving that locality.(c) Customer information packets.(1) The information packet must be entitled \"Your Rights as a Customer\". Cooperatives may use the title, \"Your Rights as a Member\".(2) The information packet, containing the information required by this section, must be mailed to all customers on at least every other year at no charge to the customer.(3) The information must be written in plain, non-technical language.(4) The information must be provided in English and Spanish; however, an electric utility is exempt from the Spanish language requirement if 10% or fewer of its customers are exclusively Spanish-speaking. If the utility is exempt from the Spanish language requirement, it must notify all customers through a statement in both English and Spanish, in the packet, that the information is available in Spanish from the electric utility, both by mail and at the electric utility's offices.(5) The information packet must include all of the following:(A) the customer's right to information concerning rates and services and the customer's right to inspect or obtain at reproduction cost a copy of the applicable tariffs and service rules;(B) the electric utility's credit requirements and the circumstances under which a deposit or an additional deposit may be required, how a deposit is calculated, the interest paid on deposits, and the time frame and requirement for return of the deposit to the customer;(C) the time allowed to pay outstanding bills;(D) grounds for disconnection of service;(E) the steps that must be taken before an electric utility may disconnect service;(F) the steps for resolving billing disputes with the electric utility and how disputes affect disconnection of service;(G) information on alternative payment plans offered by the electric utility, including, but not limited to, deferred payment plans, level billing programs, average payment plans, as well as a statement that a customer has the right to request these alternative payment plans;(H) the steps necessary to have service reconnected after involuntary disconnection;(I) the customer's right to file a complaint with the electric utility, the procedures for a supervisory review, and right to file a complaint with the commission, regarding any matter concerning the electric utility's service. The commission's contact information: Public Utility Commission of Texas, Office of Customer Protection, P.O. Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512) 936-7003, e-mail address: customer@puc.state.tx.us, internet address: www.puc.state.tx.us, and Relay Texas (toll-free) 1-800-735-2989, must accompany this information;(J) the hours, addresses, and telephone numbers of electric utility offices and any authorized locations where bills may be paid and information may be obtained or a toll-free telephone number that would provide the customer with this information;(K) a toll-free telephone number or the equivalent (such as WATS or collect calls) where customers may call to report service problems or make billing inquiries;(L) a statement that electric utility services are provided without discrimination as to a customer's race, color, sex, nationality, religion, or marital status, and a summary of the company's policy regarding the provision of credit history based upon the credit history of a customer's former spouse;(M) notice of any special services such as readers or notices in Braille, if available, and the telephone number of the text telephone for the deaf at the commission;(N) how customers with physical disabilities, and those who care for them, can identify themselves to the electric utility so that special action can be taken to inform these persons of their rights.(O) the customer's right to have his or her meter tested without charge under §25.124 of this title (relating to Meter Testing);(P) the customer's right to be instructed by the utility how to read his or her meter, if applicable;(Q) a statement that funded financial assistance may be available for persons in need of assistance with their electric utility payments, and that additional information may be obtained by contacting the local office of the electric utility, Texas Department of Housing and Community Affairs, or the Public Utility Commission of Texas. The main office telephone number (toll-free number, if available) and address for each state agency must also be provided; and(R) information that explains how a residential customer can be recognized as a critical load customer, the benefits of being a critical load customer in an emergency situation, and the process for being placed on the critical load list. For the purposes of this section a \"critical load residential customer\" is defined as a residential customer who has a critical need for electric service because a resident on the premises requires electric service to maintain life.", "sourceNote": "Source Note: The provisions of this §25.31 adopted to be effective May 6, 1999, 24 TexReg 3315; amended to be effective July 19, 2023, 48 TexReg 3900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148513", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.33", "label": "Prompt Payment Act" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190910", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to billing by an electric utility (utility) to a \"governmental entity\" as defined in Texas Government Code Chapter 2251, the Prompt Payment Act (PPA). This section controls over other sections of this chapter to the extent that they conflict.(b) Time for payment by a governmental entity. A payment by a governmental entity subject to the PPA shall become overdue as provided in the PPA.(c) Disputed bills. If there is a billing dispute between a governmental entity and a utility about any bill for utility service, the dispute shall be resolved as provided in the PPA.(d) Interest on overdue payment. Interest on an overdue governmental entity payment shall be calculated by the governmental entity pursuant to the terms of the PPA and remitted to the utility with the overdue payment. However, pursuant to §25.28(b) of this title (relating to Bill Payment and Adjustments), a governmental entity that is also a state agency is not subject to a fee, penalty, interest, or other charge for delinquent payment of a bill.(e) Notice. A utility shall provide written notice to all of its non-residential customers of the applicability of the PPA to the utility's service to governmental entities. This notice shall be completed within six months of the effective date of this section for existing non-residential customers and, within three months of the effective date of this section, shall be provided to a new customer at or before the time that the terms of service are provided to the customer. A utility's failure to provide this notice does not give rise to any independent claim under the PPA, nor does this notice initiate or terminate any party's rights or obligations under the PPA.(1) The failure of a utility to provide written notice in accordance with this subsection may be considered in a PPA billing complaint.(2) The failure of a governmental entity to inform the utility of its status as a governmental entity may be considered in a PPA billing complaint.", "sourceNote": "Source Note: The provisions of this §25.33 adopted to be effective October 3, 2010, 35 TexReg 8906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190910", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.41", "label": "Price to Beat" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210852", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all affiliated retail electric providers (REPs) and transmission and distribution utilities, except river authorities. This section does not apply to an electric utility subject to Public Utility Regulatory Act (PURA) §39.102(c) until the end of the utility's rate freeze.(b) Purpose. The purpose of this section is to promote the competitiveness of the retail electric market through the establishment of the price to beat that affiliated REPs must offer to retail customers beginning on January 1, 2002 pursuant to PURA §39.202.(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context indicates otherwise:(1) Affiliated electric utility--The electric utility from which an affiliated REP was unbundled in accordance with PURA §39.051. (2) Competitive retailer--A REP or a municipally owned utility or distribution cooperative that offers customer choice in the restructured competitive electric power market or any other entity authorized to sell electric power and energy at retail in Texas.(3) Headroom--The difference between the average price to beat (in cents per kilowatt hour (kWh)) and the sum of the average non-bypassable charges or credits approved by the commission in a proceeding pursuant to PURA §39.201, or PURA Subchapter G (in cents per kWh) and the representative power price (in cents per kWh). Headroom may be a positive or negative number. A separate headroom number shall be calculated for the typical residential customer and the typical small commercial customer. The calculation for the typical residential customer shall assume 1,000 kWh per month in usage. The calculation of the typical small commercial customer shall assume 35 kilowatts (kW) of demand and 15,000 kWh per month in usage.(4) Nonaffiliated REP--Any competitive retailer conducting business in a transmission and distribution utility's (TDU's) certificated service territory that is not affiliated with that TDU unless the competitive retailer is a successor in interest to a retail electric provider affiliated with that TDU.(5) Peak demand--The highest 15-minute or 30-minute demand recorded during a 12-month period.(6) Price to beat period--The price to beat period shall be from January 1, 2002 to January 1, 2007. In a power region outside the Electric Reliability Council of Texas (ERCOT) if customer choice is introduced before the date the commission certifies the power region pursuant to PURA §39.152(a) are met, the price to beat period continues, unless changed by the commission in accordance with PURA Chapter 39, until the later of 60 months after the date customer choice is introduced in the power region or the date the commission certifies the power region as a qualified power region.(7) Provider of last resort (POLR)--As defined in §25.43 of this title (relating to Provider of Last Resort).(8) Representative power price--The simple average of the results of:(A) a request for proposals (RFP) for full-requirements service of 10% of price to beat load for a duration of three years expressed in cents per kWh; and(B) the price resulting from the capacity auctions of the affiliated power generation company (PGC) required by §25.381 of this title (relating to Capacity Auctions) for baseload capacity entitlements auctioned in the ERCOT zone where the majority of price to beat customers reside, expressed in cents per kWh. The calculation of the price resulting from the capacity auctions shall assume dispatch of 100% of the entitlement and shall use the most recent auction of a 12-month forward strip of entitlements, or the most recent aggregated forward 12 months of entitlements. The affiliated REP, at its option, may conduct an RFP or purchase auction for an amount equivalent to the amount, in MWs, of the affiliated PGC's capacity auction for the September 2001 12-month forward strip baseload entitlements.(9) Residential customer--Retail customers classified as residential by the applicable transmission and distribution utility tariff or, in the absence of classification under a residential rate class, those retail customers that are primarily end users consuming electricity for personal, family or household purposes and who are not resellers of electricity.(10) Small commercial customer--A non-residential retail customer having a peak demand of 1,000 kilowatts (kW) or less. For purposes of this section, the term small commercial customer refers to a metered point of delivery. Additionally, any non-residential, non-metered point of delivery with peak demand of less than 1,000 kW shall also be considered a small commercial customer. For purposes of subsection (i) of this section, unmetered guard and security lights are not considered small commercial customers unless such an account has historically been treated as a separate customer for billing purposes. (11) Transmission and distribution utility--As defined in §25.5 of this title (relating to Definitions), except for purposes of this section, this term does not include a river authority.(d) Price to beat offer.(1) Beginning with the first billing cycle of the price to beat period and continuing through the last billing cycle of the price to beat period, an affiliated REP shall make available to residential and small commercial customers of its affiliated transmission and distribution utility rates that, subject to the exception listed in subsection (f)(2)(A) of this section, on a bundled basis, are 6.0% less than the affiliated electric utility's corresponding average residential and small commercial rates that were in effect on January 1, 1999, adjusted to reflect the fuel factor determined in accordance with subsection (f)(3)(D) of this section and adjusted for any base rate reduction as stipulated to by an electric utility in a proceeding for which a final order had not been issued by January 1, 1999.(2) Unless specifically required by commission rule, an affiliated REP may only sell electricity to price to beat customers labeled or marketed as \"green,\" \"renewable,\" \"interruptible,\" \"experimental,\" \"time of use,\" \"curtailable,\" or \"real time,\" if and only if such a tariff option existed on January 1, 1999 and only for service under the price to beat rate that was developed from that tariff.(e) Eligibility for the price to beat. The following criteria shall be used in determining eligibility for the price to beat:(1) Residential customers. All current and future residential customers, as defined by this section, shall be eligible for the price to beat rate(s) for which they meet the eligibility criteria in the applicable price to beat tariffs for the duration of the price to beat period. An affiliated REP may not refuse service under the price to beat to a residential customer except as provided by §25.477 of this title (relating to Refusal of Service). An affiliated REP may not require residential customers to enter into service agreements with a term of service as a condition of obtaining service under the price to beat, nor may an affiliated REP provide any inducements to encourage customers to agree to a term of service in conjunction with service under the price to beat.(2) Small commercial customers.(A) A non-residential customer taking service from the affiliated electric utility on December 31, 2001, shall be considered a small commercial customer under this section and shall be eligible for service under price to beat tariffs if that customer's peak demand during the 12 consecutive months ending on September 30, 2001, does not exceed 1,000 kilowatts (kW). A non-residential customer with a peak demand in excess of 1,000 kW during the 12 months ending September 30, 2001, or during the price to beat period, shall no longer be considered a small commercial customer under this section. However, any non-residential customer whose peak demand does not exceed 1,000 kW for any period of 12 consecutive months after it became ineligible to be a small commercial customer under this section shall be considered a small commercial customer for billing periods going forward for purposes of this section.(B) All small commercial customers, as defined by this section, shall be eligible for the price to beat rate(s) for which they meet the eligibility criteria in the applicable price to beat tariffs for the duration of the price to beat period. An affiliated REP may not refuse service under the price to beat to a small commercial customer, except as provided by §25.477 of this title. An affiliated REP may not require small commercial customers to enter into service agreements with a term of service as a condition to obtaining service under the price to beat, nor may an affiliated REP provide any inducements to encourage customers to agree to a term of service in conjunction with service under the price to beat.(f) Calculation of the price to beat.(1) Rates to be used for price to beat calculation. The following criteria shall be used in determining the rates to be used for the price to beat calculation.(A) Residential. A price to beat rate shall be calculated for each rate and service rider under which a residential customer was taking service on January 1, 1999, except as approved by the commission pursuant to subparagraph (C) of this paragraph. A price to beat rate shall not be calculated for any new service or tariff option granted to an affiliated electric utility pursuant to PURA §39.054, or any other rate or tariff option not in effect on January 1, 1999.(i) Beginning with the first full billing cycle of the price to beat period, residential customers served by the affiliated REP shall be placed on the price to beat rate derived from the rate under which they were taking service on December 31, 2001.(ii) Beginning with the first full billing cycle of the price to beat period, residential customers served by the affiliated REP who were taking service under a rate for which a price to beat rate was not developed, shall be placed on the price to beat rate derived from any eligible residential rate that was or would have been available to the customer on January 1, 1999.(iii) New residential customers after December 31, 2001, may choose any price to beat rate for which they meet the eligibility requirements as detailed in the applicable price to beat tariff.(iv) Residential customers who return to the affiliated REP after being served by a non-affiliated REP may choose any price to beat for which they meet the eligibility requirements as detailed in the applicable price to beat tariff(s).(v) Notwithstanding clauses (i)-(iv) of this subparagraph, residential customers may request service under any price to beat rate for which they are eligible. Selection of the most advantageous rate shall be the sole responsibility of the residential customer.(B) Small commercial. A price to beat rate shall be calculated for each rate and service rider under which a small commercial customer was taking service on January 1, 1999, except as approved by the commission pursuant to subparagraph (C) of this paragraph. A price to beat rate shall not be calculated for any new service or tariff option granted to an affiliated electric utility pursuant to PURA §39.054, or for any rate of tariff option not in effect on January 1, 1999.(i) Beginning with the first full billing cycle of the price to beat period, small commercial customers served by the affiliated REP shall be placed on the price to beat rate derived from the rate under which they were taking service on December 31, 2001.(ii) Beginning with the first full billing cycle of the price to beat period, small commercial customers served by the affiliated REP beginning in January of 2002, who were taking service under a rate for which a price to beat rate was not developed, shall be placed on a price to beat rate derived from an eligible rate that was or would have been available to the customer on January 1, 1999.(iii) New small commercial customers after December 31, 2001, may choose any price to beat rate for which they meet the eligibility requirements as detailed in the applicable price to beat tariff.(iv) Small commercial customers who return to the affiliated REP after being served by a non-affiliated REP may choose any price to beat rate for which they meet the eligibility requirements as detailed in the price to beat tariff(s).(v) Notwithstanding clauses (i)-(iv) of this subparagraph, small commercial customers may request service under any price to beat tariff for which they are eligible. Selection of the most advantageous rate shall be the sole responsibility of the small commercial customer.(C) An electric utility, on behalf of its future affiliated REP, shall file within 60 days of the effective date of this section, price to beat tariffs and supporting workpapers for the price to beat rates developed in accordance with subparagraphs (A) and (B) of this paragraph. At the time of this filing, the affiliated REP may request that a price to beat rate not be developed from a particular rate of service rider along with justification for the request. The electric utility shall provide notice to all customers currently taking service under such rates or service riders of the utility's request.(2) Base rate component of price to beat. For the eligible rates identified in paragraph (1) of this subsection, the affiliated REP shall reduce each base rate component including any purchased power cost recovery factor (PCRF), in effect for the affiliated electric utility on January 1, 1999, by 6.0% in order to determine the base rate component of the price to beat, with the following exceptions:(A) If base rates for the affiliated electric utility were reduced by more than 12% as the result of a final order issued by the commission after October 1, 1998, then the price to beat shall be the rate in effect as a result of a settlement approved by the commission after January 1, 1999.(B) For affiliated REPs operating in a region defined by PURA §39.401, the commission may reduce rates by less than 6.0% if the commission determines a lesser reduction is necessary and consistent with the capital requirements needed to develop the infrastructure necessary to facilitate competition among electric generators.(C) Except as provided in subparagraphs (A) and (B) of this paragraph, for any affiliated electric utility that has stipulated to rate reductions in a proceeding for which a final order had not been issued by January 1, 1999, such rate reductions shall be deducted from the base rates in effect on January 1, 1999, in addition to the 6.0% reduction. Such rate credits shall also be applied to the rates of the transmission and distribution utility.(3) Fuel factor component of price to beat.(A) Each affiliated electric utility shall file an application to establish one or more fuel factors, to be effective on January 1, 2002, according to the following schedule:(i) April 1, 2001 - Reliant Houston Lighting & Power;(ii) May 1, 2001 - TXU Electric Company;(iii) June 1, 2001 - Texas-New Mexico Power Company and Central Power & Light Company;(iv) July 1, 2001 - Entergy Gulf States, Inc. and West Texas Utilities;(v) August 1, 2001 - Southwestern Electric Power Company and Southwestern Public Service Company.(B) The rate year for the filing shall be calendar year 2002. The affiliated electric utility shall follow the requirements of §25.237(a)(1), (b), (c) and (e) of this title (relating to Fuel Factors) and the Fuel Factor Filing Package of November 23, 1993, for the filing of its fuel factor(s). To the extent that the commission has issued an order for a utility that includes provisions relating to the price to beat fuel factor, the price to beat fuel factor shall be set consistent with such an order.(C) Subject to the limitations in clause (i) and (ii) of this subparagraph, affiliated electric utilities may utilize seasonal fuel factors to reflect the expected differences in the cost of the market price of electricity throughout the year.(i) Affiliated electric utilities with seasonal fuel factors in effect on or before March 1, 2001, may request seasonal fuel factors for their residential and small commercial price to beat customers provided the level of seasonality is identical to that reflected in its commission-approved fuel factors on March 1, 2001. (ii) Affiliated electric utilities without seasonal fuel factors in effect on or before March 1, 2001, may request seasonal fuel factors to be applicable to small commercial price to beat customers only. Any request for seasonal fuel factors under this clause must demonstrate that the average small commercial customer will receive, on an annual basis, a 6.0% reduction from the average bundled rate in effect on January 1, 1999, adjusted for the final fuel factor determined under subparagraph (D) of this paragraph; provided, however, that a utility subject to the exception in paragraph (2)(A) of this subsection must demonstrate that the average small commercial customer will receive, on an annual basis, the average bundled rate in effect as the result of a settlement approved by the commission after January 1, 1999, adjusted for the final fuel factor determined under subparagraph (D) of this paragraph.(D) Each affiliated electric utility shall file additional information on October 1, 2001, to reflect changes in the price of natural gas for the rate year of 2002. The affiliated electric utility shall also file information necessary to determine the initial headroom that exists under the price to beat as a result of the setting of the initial price to beat fuel factor pursuant to this subparagraph. The adjustment shall be calculated using the following methodology:(i) For the ten-day period ending on September 15, 2001, an average price shall be calculated for each month of 2002 in the closing forward NYMEX Henry Hub natural gas prices, as reported in the Wall Street Journal.(ii) All other inputs into the calculation of the fuel factors will be the same as those used to calculate the fuel factor in subparagraphs (B) and (C) of this paragraph.(iii) Except for affiliated electric utilities whose base rates were reduced by more than 12% as the result of a final order issued by the commission after October 1, 1998, the fuel factor(s) to be used at the beginning of the price to beat period shall be the fuel factor in effect on January 1, 1999, reduced by 6.0%, plus the difference between the fuel factor(s) established pursuant to this subparagraph and the fuel factor in effect on January 1, 1999.(iv) The fuel factor(s) for affiliate electric utilities whose base rates were reduced by more than 12% as the result of a final order issued by the commission after October 1, 1998, to be used at the beginning of the price to beat period shall be the fuel factor(s) established pursuant to this subparagraph.(E) For a non-generating investor-owned utility with no fuel factor as of January 1, 1999, its PCRF in effect on January 1, 1999, shall be the equivalent to a fuel factor for purposes of calculating its price to beat rates and future fuel cost adjustments under subsection (g) of this section. Upon expiration of a purchased power contract of an affiliated REP unbundled from such a utility, the affiliated REP may request a change in its PCRF to account for any difference in purchased power costs.(g) Adjustments to the price to beat.(1) Fuel factor adjustments. An affiliated REP may request that the commission adjust the fuel factor(s) established under subsection (f)(3) of this section upward or downward not more than twice in a calendar year if the affiliated REP demonstrates that the existing fuel factor(s) do not adequately reflect significant changes in the market price of natural gas and purchased energy used to serve retail customers. As part of a filing made pursuant to this paragraph, an affiliated REP may also request an adjustment to the seasonality imparted to the fuel factor in accordance with subsection (f)(3)(C) of this section. Alternatively, the commission may, as part of its approval of an adjustment to the fuel factor, impose a change in the seasonality imparted to the fuel factor. The methodology for calculating the adjustment to the fuel factor(s) shall be the following:(A) For each day of the 20 trading-day period ending no later than two days before the filing of a fuel factor adjustment application, an average of the closing forward 12-month NYMEX Henry Hub natural gas prices, as reported by the Wall Street Journal (either in print or on-line), is calculated.(B) The average forward price for each trading day calculated in subparagraph (A) of this paragraph will then be averaged to determine a 20 trading-day rolling price.(C) The percentage difference between the averaged 20 trading-day rolling price calculated under subparagraphs (A) and (B) of this paragraph and the averaged price used to calculate the current fuel factor(s) is calculated. If the current fuel factor was calculated through an adjustment under subparagraph (E) of this paragraph, then the averaged 20 trading-day rolling price calculated concurrent with that adjustment shall be used. If the percentage difference is 5.0% or more, then the current fuel factor(s) may be adjusted, unless the filing is made after November 15 of a calendar year, in which event the percentage difference must be 10% or more.(D) If the absolute value of the percentage difference calculated in subparagraph (C) of this paragraph meets or exceeds 5.0% (or 10% if applicable), then the current fuel factors are deemed to be unreflective of significant changes in the market price of natural gas and purchased energy. To adjust the current fuel factor(s), the percentage difference calculated in subparagraph (C), either positive or negative, is added to one and then multiplied by the current factor(s). The results are the adjusted fuel factor(s) that will be implemented according to the procedural schedule in clause (i) and (ii) of this subparagraph:(i) if no hearing is requested within 15 days after the petition has been filed, a final order shall be issued within 20 days, or as soon as practicable thereafter, after the petition is filed;(ii) if a hearing is requested within 15 days after the petition is filed, a final order shall be issued within 45 days, or as soon as practicable thereafter, after the petition is filed. The 45 day timeline for issuance of an order may be extended upon mutual agreement of the parties. Such agreement may provide for interim rate relief.(E) In addition to the adjustment permitted under subparagraphs (A)-(D) of this paragraph, an affiliated REP may also request an adjustment to the fuel factor if the headroom under the price to beat decreases as a result of significant changes in the price of purchased energy. In making a request under this subparagraph:(i) an affiliated REP shall demonstrate that:(I) the representative power price has changed such that the headroom under the price to beat has decreased; and(II) the adjustment to the fuel factor is necessary to restore the amount of headroom that existed at the time that the initial price to beat fuel factor was set by the commission using then current forecasts of the representative power price.(III) an affiliated REP making an adjustment under this subparagraph shall also file the gas price calculation in subparagraphs (A) and (B) of this paragraph for purposes of subsequent adjustments to the fuel factor based on changes in natural gas prices.(ii) the commission will issue a final order on an application filed under this subparagraph within 60 days, or as soon as practicable thereafter, after the application is filed. The 60 day timeline for issuance of an order may be extended upon mutual agreement of the parties. Such agreement may provide for interim rate relief.(F) The commission shall, upon a showing made by an interested party, that a sufficiently liquid electricity commodity trading hub (or hubs) or index has developed for the affiliated REP's relevant geographic or power region, allow an affiliated REP to transition to the use of electricity commodity futures prices at that hub or index to adjust the fuel factor to adequately reflect significant changes in the price of purchased energy. After the commission has made a finding that a sufficiently liquid electricity commodity trading hub or index has developed, the affiliated REP shall be required to perform an additional adjustment under subparagraphs (A) through (D) or (E) of this paragraph before utilization of the futures prices at that trading hub or index to change the fuel factor so that a benchmark electricity price can be established. Subsequent changes to the fuel factor shall be based on the percentage change in the electricity commodity index using the same methodology for the natural gas price adjustment under subparagraphs (A) - (D) of this paragraph. (2) Adjustment for financial integrity. Upon a finding that an affiliated REP will be unable to maintain its financial integrity if it complies with subsection (f) of this section, the commission shall set the affiliated REP's price to beat at the minimum level that will allow the affiliated REP to maintain its financial integrity. However, in no event shall the price to beat exceed the level of rates, on a bundled basis, charged by the affiliated electric utility on September 1, 1999, adjusted for fuel.(3) True-up adjustment. The commission shall adjust the price to beat following the true-up proceedings under PURA §39.262. The commission shall consider the following adjustments to the price to beat on a schedule consistent with the processing of the TDU rate adjustment application pursuant to §25.263(n) of this title (relating to True-up Proceeding):(A) Fuel factor adjustment. A 20 trading-day rolling price shall be calculated in accordance with paragraph (1)(A)-(D) of this subsection. If the 20 trading-day rolling price is less than the price used to calculate the then-current fuel factor (i.e. The percentage difference is negative), then the price to beat fuel factor shall be adjusted downward by the percentage difference in the prices. An adjustment required to be made in accordance with this subparagraph shall not be considered a request by an affiliated REP under paragraph (1) of this subsection.(B) Base rate adjustment. Using the typical residential and small commercial usage calculations described in subsection (c)(3) of this section, the base rate components of the price to beat shall be adjusted, either upward or downward, such that the difference between the average price to beat base rate and the average non-bypassable charges that exist following the proceeding pursuant to §25.263(n) of this title is the same as existed on January 1, 2002. Each component of the base rates for each residential price to beat base rate tariff shall be adjusted in the same proportion in complying with this section. Each component of the base rates for each small commercial price to beat base rate tariff shall be adjusted in the same proportion in complying with this section(C) Filing by affiliated REP. An affiliated REP shall make filings necessary to implement subparagraphs (A) and (B) of this paragraph on a schedule to be determined by the commission.(h) Non-price to beat offers.(1) Offers to residential customers. An affiliated REP may not offer any rates other than the price to beat rates to residential customers within the affiliated electric utility's service area until the earlier of 36 months after the date customer choice is introduced, or when the commission determines that an affiliated REP has met or exceeded the threshold target for residential customers described in subsection (i) of this section.(2) Offers to small commercial customers. An affiliated REP may not offer rates other than the price to beat rates to small commercial customers until the earlier of 36 months after the date customer choice is introduced, or when the commission determines that an affiliated REP has met or exceeded the threshold target for small commercial customers described in subsection (i) of this section.(3) Offers to aggregated small commercial load. Notwithstanding paragraph (2) of this subsection, an affiliated REP may charge rates different from the price to beat for service to aggregated loads having an aggregated peak demand in excess of 1,000 kW provided that all affected customers are commonly owned or are franchisees of the same franchisor.(A) If aggregated customers whose loads are served by an affiliated REP in accordance with this subsection disaggregate, those individual customers may resume service under the applicable price to beat rate(s), provided that those customers meet the eligibility requirements of subsection (e) of this section.(B) Any usage removed from the threshold calculation in subsection (i)(1)(B) of this section due to aggregation shall be added back into the threshold calculation upon disaggregation of the aggregated load.(i) Threshold targets.(1) Calculation of threshold targets.(A) Residential target. The residential threshold target shall be equal to 40% of the total number of kilowatt-hours (kWh) consumed by residential customers served by the affiliated electric utility during the calendar year 2000.(B) Small commercial target. The small commercial threshold target shall be equal to 40% of the following difference: the total number of kWh consumed by small commercial customers served by the affiliated electric utility during the calendar year 2000 minus the aggregated load served by the affiliated REP that complies with the requirements of subsection (h)(3) of this section. The kWh associated with a customer who becomes ineligible for the price to beat because the customer's peak demand exceeds 1,000 kW shall also be removed from the threshold target.(2) Meeting of threshold targets. Upon a showing by the affiliated transmission and distribution utility that the electric power consumption of the relevant customer group served by nonaffiliated REPs meets or exceeds the targets determined by the calculation in paragraph (1) of this subsection, the affiliated REP may offer rates other than the price to beat.(A) Calculation of residential consumption. The amount of electric power of residential customers served by nonaffiliated REPs shall equal the number of residential customers served by nonaffiliated REPs, except customers that the affiliated REP has dropped to the POLR, times the average annual consumption of residential customers served by the affiliated utility during the calendar year 2000. (i) The number of customers served by nonaffiliated REPs shall be determined by summing the number of customers in the transmission and distribution utility's certificated service area with a designated REP other than the affiliated REP in the registration database maintained by the registration agent. Customers dropped to the POLR by the affiliated REP shall not count as load served by a nonaffiliated REP.(ii) The average annual consumption shall be calculated by dividing the total kWh consumed by residential customers during the calendar year 2000 by the average number of residential customers during the calendar year 2000. The average number of residential customers during the calendar year 2000 shall be calculated by dividing the sum of the total number of such customers for each month of the year 2000 by 12.(B) Calculation of small commercial consumption. The amount of electric power consumed by small commercial customers served by nonaffiliated REPs shall be determined using the following criteria, except that customers served by the POLR shall not count as load served by a nonaffiliated REP: (i) The amount of electric power of small commercial customers with peak demand less than 20 kW consumed by nonaffiliated REPs shall be equal to the number of small commercial customers with peak demand less than 20 kW served by nonaffiliated REPs times the average annual consumption of small commercial customers with peak demand less than 20 kW served by the affiliated electric utility during the calendar year 2000.(I) The number of customers served by nonaffiliated REPs shall be determined by summing the number of small commercial customers with peak demands less than 20 kW served in the transmission and distribution utility's certificated service area with a designated REP other than the affiliated REP in the registration database maintained by the registration agent.(II) The average annual consumption shall be calculated by dividing the total kWh consumed by small commercial customers with peak demand of less than 20 kW during the calendar year 2000 by the average number of small commercial customers with peak demand of less than 20 kW during the calendar year 2000. The average number of small commercial customers with peak demand of less than 20 kW shall be calculated by dividing the total number of such customers for each month of 2000 by 12.(ii) The amount of electric power consumed by small commercial customers with peak demand in excess of 20 kW shall be the actual usage of those customers during the calendar year 2000. (I) If less than 12 months of consumption history exists for such a customer during the calendar year 2000, the available calendar year 2000 usage history shall be supplemented with the most recent prior history of service at that customer's location for the unavailable months.(II) For customers with service to a new location, the annual consumption shall be deemed to be equal to the estimated maximum annual demand used by the affiliated transmission and distribution utility in sizing the facilities installed to serve that customer multiplied by the product of 8,760 hours and the average annual load factor for small commercial customers with peak demand greater than 20 kW for the year 2000.(j) Prohibition on incentives to switch. An affiliated REP may not provide an incentive to switch to a nonaffiliated REP, promote any nonaffiliated REP, or exchange customers with any nonaffiliated REP in order to meet the requirements of subsection (f) of this section. Non-affiliated REPs may not provide an incentive to return to the price to beat.(k) Disclosure of price to beat rate. An affiliated retail electric provider shall disclose to customers, the price to beat in accordance with §25.471 (relating to General Provisions of Customer Protection Rules). In addition, if an affiliated REP offers a rate greater than the price to beat, the price to beat rate must be disclosed along with a statement that the customer is eligible for the price to beat. This disclosure must appear on all written authorizations, Internet authorizations, the electricity facts label and Terms of Service document. It must also be disclosed during telephone solicitations before the customer authorizes service.(l) Filing requirements.(1) On determining that its affiliated retail electric provider has met the requirements of subsection (i) of this section, an electric utility or transmission and distribution utility shall make a filing with the commission attesting under oath to the fact that those requirements have been met and that the restrictions of subsection (h) of this section as well as the true-up in PURA §39.262(e) are no longer applicable. (2) An electric utility or transmission and distribution utility shall file a progress report with the commission after its affiliated REP has met the requirements of subsection (i) of this section using a 35% threshold target in lieu of a 40% threshold. Such progress reports(s) shall be filed no later than 30 days after the 35% threshold has been met and shall contain the same information required in this subsection.(3) No later than December 31, 2001, each transmission and distribution utility shall determine the power consumption threshold targets under subsection (i) of this section for residential and small commercial customers within its certificated service area and shall file this information with the commission and shall also make this information publicly available through its Internet website. Each transmission and distribution utility, together with its affiliated REP, shall update the small commercial power consumption threshold as needed to reflect additional small commercial load that has met the requirements of subsection (h)(3) of this section and therefore is appropriately removed from the calculation of the threshold target. Concurrent with this update, the transmission and distribution utility, together with its affiliated REP, shall provide, for each group of aggregated customers that have been removed from the calculation of the threshold target, the customers' names, electric service identifiers, size of the customers' loads (individually and in the aggregate), and how the customers meet the requirements of subsection (h)(3) of this section. Such information may be filed under confidential seal. All certificated REPs shall be deemed to have standing to review such filings.(4) Any application filed pursuant to this subsection shall contain the following information:(A) a detailed explanation of how the relevant customer group has met or exceeded the threshold consumption targets in subsection (i) of this section;(B) calculation of the power consumption threshold target under subsection (i) of this section for the relevant customer group and the date such target was met;(C) verification of the meeting of the threshold target in the following manner:(i) for the residential customer class, independent verification from the registration agent verifying the number of customers in the residential customer class within the transmission and distribution utility's certificated service area that are committed to be served by non-affiliated REPs. (ii) for the small commercial class, an affidavit detailing the number of customers in the small commercial class with peak demand below 20 kW within the transmission and distribution utility's certificated service area committed to be served by non-affiliated REPs and the customers with peak demand in excess of 20 kW with their actual usage calculated in accordance with subsection (i)(2)(B)(ii) of this section within the transmission and distribution utility's certificated service area that are committed to be served by non-affiliated REPs.(iii) For purposes of this subsection, a residential and small commercial customer has committed to be served by a nonaffiliated retail electric provider if the registration agent has received a switch request for that customer and any mandated cancellation period pursuant to applicable commission rule has expired.(5) The commission staff shall review all applications filed under this subsection and shall make a recommendation to the commission within ten days after the application is filed to approve or reject the application. If a filing has insufficient information from which the commission can make a determination, the commission may reject the filing without prejudice for refiling the application. The commission shall issue an order approving or rejecting the application within 30 days after the application is filed. An electric utility or transmission and distribution utility filing an application under this subsection shall not charge rates different from the price to beat until the earlier of 36 months after the date customer choice is introduced or the date such application has been approved by the commission.", "sourceNote": "Source Note: The provisions of this §25.41 adopted to be effective April 10, 2001, 26 TexReg 2680; amended to be effective April 23, 2003, 28 TexReg 3249; amended to be effective May 13, 2018, 43 TexReg 3001." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210852", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.43", "label": "Provider of Last Resort (POLR)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167100", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the requirements for Provider of Last Resort (POLR) service and ensures that it is available to any requesting retail customer and any retail customer who is transferred to another retail electric provider (REP) by the Electric Reliability Council of Texas (ERCOT) because the customer's REP failed to provide service to the customer or failed to meet its obligations to the independent organization.(b) Application. The provisions of this section relating to the selection of REPs providing POLR service apply to all REPs that are serving retail customers in transmission and distribution utility (TDU) service areas. This section does not apply when an electric cooperative or a municipally owned utility (MOU) designates a POLR provider for its certificated service area. However, this section is applicable when an electric cooperative delegates its authority to the commission in accordance with subsection (r) of this section to select a POLR provider for the electric cooperative's service area. All filings made with the commission pursuant to this section, including filings subject to a claim of confidentiality, must be filed with the commission's Filing Clerk in accordance with the commission's Procedural Rules, Chapter 22, Subchapter E, of this title (relating to Pleadings and other Documents).(c) Definitions. The following terms when used in this section have the following meanings, unless the context indicates otherwise: (1) Affiliate--As defined in §25.107 of this title (relating to Certification of Retail Electric Providers (REPs).(2) Basic firm service--Electric service that is not subject to interruption for economic reasons and that does not include value-added options offered in the competitive market. Basic firm service excludes, among other competitively offered options, emergency or back-up service, and stand-by service. For purposes of this definition, the phrase \"interruption for economic reasons\" does not mean disconnection for non-payment.(3) Billing cycle--A period bounded by a start date and stop date that REPs and TDUs use to determine when a customer used electric service.(4) Billing month--Generally a calendar accounting period (approximately 30 days) for recording revenue, which may or may not coincide with the period a customer's consumption is recorded through the customer's meter. (5) Business day--As defined by the ERCOT Protocols.(6) Large non-residential customer--A non-residential customer who had a peak demand in the previous 12-month period at or above one megawatt (MW).(7) Large service provider (LSP)--A REP that is designated to provide POLR service pursuant to subsection (j) of this section.(8) Market-based product - A month-to-month product that is either offered to or matches the rate of a product offered to non-POLR customers of the REP for the same TDU territory and customer class. A month-to-month contract may not contain a termination fee or penalty. For purposes of this section, a rate for residential customers that is derived by applying a positive or negative multiplier to the rate described in subsection (m)(2) of this section is not a market-based product.(9) Mass transition--The transfer of customers as represented by ESI IDs from a REP to one or more POLR providers pursuant to a transaction initiated by the independent organization that carries the mass transition (TS) code or other code designated by the independent organization. (10) Medium non-residential customer--A non-residential retail customer who had a peak demand in the previous 12-month period of 50 kilowatt (kW) or greater, but less than 1,000 kW.(11) POLR area--The service area of a TDU in an area where customer choice is in effect.(12) POLR provider--A volunteer retail electric provider (VREP) or LSP that may be required to provide POLR service pursuant to this section. (13) Residential customer--A retail customer classified as residential by the applicable TDU tariff or, in the absence of classification under a tariff, a retail customer who purchases electricity for personal, family, or household purposes.(14) Transitioned customer--A customer as represented by ESI IDs that is served by a POLR provider as a result of a mass transition under this section.(15) Small non-residential customer--A non-residential retail customer who had a peak demand in the previous 12-month period of less than 50 kW.(16) Voluntary retail electric provider (VREP)--A REP that has volunteered to provide POLR service pursuant to subsection (i) of this section.(d) POLR service. (1) There are two types of POLR providers: VREPs and LSPs.(2) For the purpose of POLR service, there are four classes of customers: residential, small non-residential, medium non-residential, and large non-residential. (3) A VREP or LSP may be designated to serve any or all of the four customer classes in a POLR area. (4) A POLR provider must offer a basic, standard retail service package to customers it is designated to serve, which is limited to: (A) Basic firm service; and (B) Call center facilities available for customer inquiries. (5) A POLR provider must, in accordance with §25.108 of this title (relating to Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges), fulfill billing and collection duties for REPs that have defaulted on payments to the servicer of transition bonds or to TDUs.(6) Each LSP's customer billing for residential customers taking POLR service under a rate prescribed by subsection (m)(2) of this section must contain notice to the customer that other competitive products or services may be available from the LSP or another REP. The notice must also include contact information for the LSP, and the Power to Choose website, and must include a notice from the commission in the form of a bill insert or a bill message with the header \"An Important Message from the Public Utility Commission Regarding Your Electric Service\" addressing why the customer has been transitioned to an LSP, a description of the purpose and nature of POLR service, and explaining that more information on competitive markets can be found at www.powertochoose.org, or toll-free at 1-866-PWR-4-TEX (1-866-797-4839). (e) Standards of service.(1) An LSP designated to serve a class in a given POLR area must serve any eligible customer requesting POLR service or assigned to the LSP pursuant to a mass transition in accordance with the Standard Terms of Service in subsection (f)(1) of this section for the provider customer's class. However, in lieu of providing terms of service to a transitioned customer under subsection (f) of this section and under a rate prescribed by subsection (m)(2) of this section an LSP may at its discretion serve the customer pursuant to a market-based month-to-month product, provided it serves all transitioned customers in the same class and POLR area pursuant to the product.(2) A POLR provider must abide by the applicable customer protection rules as provided for under Subchapter R of this chapter (relating to Customer Protection Rules for Retail Electric Service), except that if there is an inconsistency or conflict between this section and Subchapter R of this chapter, the provisions of this section apply. However, for the medium non-residential customer class, the customer protection rules as provided for under Subchapter R of this chapter do not apply, except for §25.481 of this title (relating to Unauthorized Charges), §25.485(a) - (b) of this title (relating to Customer Access and Complaint Handling), and §25.495 of this title (relating to Unauthorized Change of Retail Electric Provider).(3) An LSP that has received commission approval to designate one of its affiliates to provide POLR service on behalf of the LSP pursuant to subsection (k) of this section must retain responsibility for the provision of POLR service by the LSP affiliate and remains liable for violations of applicable laws and commission rules and all financial obligations of the LSP affiliate associated with the provisioning of POLR service on its behalf by the LSP affiliate. (f) Customer information.(1) The Standard Terms of Service prescribed in subparagraphs (A) - (D) of this paragraph apply to POLR service provided by an LSP under a rate prescribed by subsection (m)(2) of this section. (A) Standard Terms of Service, POLR Provider Residential Service: Attached Graphic(B) Standard Terms of Service, POLR Provider Small Non-Residential Service: Attached Graphic(C) Standard Terms of Service, POLR Provider Medium Non-Residential Service: Attached Graphic(D) Standard Terms of Service, POLR Provider Large Non-Residential Service:Attached Graphic(2) An LSP providing service under a rate prescribed by subsection (m)(2) of this section must provide each new customer the applicable Standard Terms of Service. Such Standard Terms of Service must be updated as required under §25.475(f) of this title (relating to General Retail Electric Provider Requirements and Information Disclosures to Residential and Small Commercial Customers).(g) General description of POLR service provider selection process.(1) Each REP must provide information to the commission in accordance with subsection (h)(1) of this section. Based on this information, the commission's designated representative will designate REPs that are eligible to serve as POLR providers in areas of the state in which customer choice is in effect, except that the commission will not designate POLR providers in the service areas of MOUs or electric cooperatives unless an electric cooperative has delegated to the commission its authority to designate the POLR provider, in accordance with subsection (r) of this section. (2) POLR providers must serve two-year terms. The initial term for POLR service in areas of the state where retail choice is not in effect as of the effective date of the rule must be set at the time POLR providers are initially selected in such areas. (h) REP eligibility to serve as a POLR provider. In each even-numbered year, the commission will determine the eligibility of certified REPs to serve as POLR providers for a term scheduled to commence in January of the next year. (1) Each REP must provide information to the commission necessary to establish its eligibility to serve as a POLR provider for the next term. A REP must file, by July 10th of each even-numbered year, by service area, information on the classes of customers it provides service to, and for each customer class, the number of ESI IDs the REP serves and the retail sales in megawatt-hours for the annual period ending March 31 of the current year. As part of that filing, a REP may request that the commission designate one of its affiliates to provide POLR service on its behalf pursuant to subsection (k) of this section in the event that the REP is designated as an LSP. The independent organization must provide to the commission the total number of ESI ID and total MWh data for each class. Each REP must also provide information on its technical capability and financial ability to provide service to additional customers in a mass transition. The commission's determination regarding eligibility of a REP to serve as POLR provider under the provisions of this section will not be considered confidential information.(2) Eligibility to be designated as a POLR provider is specific to each POLR area and customer class. A REP is eligible to be designated a POLR provider for a particular customer class in a POLR area, unless:(A) A proceeding to revoke or suspend the REP's certificate is pending at the commission, the REP's certificate has been suspended or revoked by the commission, or the REP's certificate is deemed suspended pursuant to §25.107 of this title (relating to Certification of Retail Electric Providers (REPs));(B) The sum of the numeric portion of the REP's percentage of ESI IDs served and percentage of retail sales by MWhs in the POLR area, for the particular class, is less than 1.0;(C) The commission does not reasonably expect the REP to be able to meet the criteria set forth in subparagraph (B) of this paragraph during the entirety of the term;(D) On the date of the commencement of the term, the REP or its predecessor will not have served customers in Texas for at least 18 months;(E) The REP does not serve the applicable customer class, or does not have an executed delivery service agreement with the service area TDU;(F) The REP is certificated as an Option 2 REP under §25.107 of this title;(G) The REP's customers are limited to its own affiliates; (H) A REP files an affidavit stating that it does not serve small or medium non-residential customers, except for the low-usage sites of the REP's large non-residential customers, or commonly owned or franchised affiliates of the REP's large non-residential customers and opts out of eligibility for either, or both of the small or medium non-residential customer classes; or(I) The REP does not meet minimum financial, technical and managerial qualifications established by the commission under §25.107 of this title.(3) For each term, the commission will publish the names of all REPs eligible to serve as a POLR provider under this section for each customer class in each POLR area and will provide notice to REPs determined to be eligible to serve as a POLR provider. A REP may challenge its eligibility determination within five business days of the notice of eligibility by filing with the commission additional documentation that includes the specific data, the specific calculation, and a specific explanation that clearly illustrate and prove the REP's assertion. Commission staff will verify the additional documentation and, if accurate, reassess the REP's eligibility. Commission staff will notify the REP of any change in eligibility status within 10 business days of the receipt of the additional documentation. A REP may then appeal to the commission through a contested case if the REP does not agree with the staff determination of eligibility. The contested status will not delay the designation of POLR providers.(4) A standard form may be created by the commission for REPs to use in filing information concerning their eligibility to serve as a POLR provider.(5) If ERCOT or a TDU has reason to believe that a REP is no longer capable of performing POLR responsibilities, ERCOT or the TDU must make a filing with the commission detailing the basis for its concerns and must provide a copy of the filing to the REP that is the subject of the filing. If the filing contains confidential information, ERCOT or the TDU must file the confidential information in accordance with §22.71 of this title (relating to Filing of Pleadings, Documents, and Other Materials). Commission staff will review the filing, and will request that the REP demonstrate that it still meets the qualifications to provide the service. The commission staff may initiate a proceeding with the commission to disqualify the REP from providing POLR service. No ESI IDs will be assigned to a POLR provider after the commission staff initiates a proceeding to disqualify the POLR provider, unless the commission by order confirms the POLR provider's designation.(i) VREP list. Based on the information provided in accordance with this subsection and subsection (h) of this section, the commission will post the names of VREPs on its webpage, including the aggregate customer count offered by VREPs. A REP may submit a request to be a VREP no earlier than June 1, and no later than July 31, of each even-numbered year unless otherwise determined by the executive director. This filing must include a description of the REP's capabilities to serve additional customers as well as the REP's current financial condition in enough detail to demonstrate that the REP is capable of absorbing a mass transition of customers without technically or financially distressing the REP and the specific information set out in this subsection. The commission's determination regarding eligibility of a REP to serve as a VREP, under the provisions of this section, will not be considered confidential information.(1) A VREP must provide to the commission the name of the REP, the appropriate contact person with current contact information, which customer classes the REP is willing to serve within each POLR area, and the number of ESI IDs the REP is willing to serve by customer class and POLR area in each transition event. (2) A REP that has met the eligibility requirements of subsection (h) of this section and provided the additional information set out in this subsection is eligible for designation as a VREP.(3) Commission staff will make an initial determination of the REPs that are to serve as a VREP for each customer class in each POLR area and publish their names. A REP may challenge its eligibility determination within five business days of the notice of eligibility by submitting to commission staff additional evidence of its capability to serve as a VREP. Commission staff will reassess the REP's eligibility and notify the REP of any change in eligibility status within 10 business days of the receipt of the additional documentation. A REP may then appeal to the commission through a contested case if the REP does not agree with the staff determination of eligibility. The contested status will not delay the designation of VREPs.(4) A VREP may file a request at any time to be removed from the VREP list or to modify the number of ESI IDs that it is willing to serve as a VREP. If the request is to increase the number of ESI IDs, it must provide information to demonstrate that it is capable of serving the additional ESI IDs, and the commission staff will make an initial determination, which is subject to an appeal to the commission, in accordance with the timelines specified in paragraph (3) of this subsection. If the request is to decrease the number of ESI IDs, the request must be effective five calendar days after the request is filed with the commission; however, after the request becomes effective the VREP must continue to serve ESI IDs previously acquired through a mass transition event as well as ESI IDs the VREP acquires from a mass transition event that occurs during the five-day notice period. If in a mass transition a VREP is able to acquire more customers than it originally volunteered to serve, the VREP may work with commission staff and ERCOT to increase its designation. Changes approved by commission staff will be communicated to ERCOT and must be implemented for the current allocation if possible.(5) ERCOT or a TDU may challenge a VREP's eligibility. If ERCOT or a TDU has reason to believe that a REP is no longer capable of performing VREP responsibilities, ERCOT or the TDU must make a filing with the commission detailing the basis for its concerns and must provide a copy of the filing to the REP that is the subject of the filing. If the filing contains confidential information, ERCOT or the TDU must file it in accordance with §25.71 of this title (relating to General Procedures, Requirements and Penalties). Commission staff will review the filing of ERCOT and if commission staff concludes that the REP should no longer provide VREP service, it will request that the REP demonstrate that it still meets the qualifications to provide the service. The commission staff may initiate a proceeding with the commission to disqualify the REP from providing VREP service. No ESI IDs will be assigned to a VREP after the commission staff initiates a proceeding to disqualify the VREP, unless the commission by order confirms the VREP's designation.(j) LSPs. This subsection governs the selection and service of REPs as LSPs.(1) The REPs eligible to serve as LSPs must be determined based on the information provided by REPs in accordance with subsection (h) of this section. However, for new TDU service areas that are transitioned to competition, the transition to competition plan approved by the commission may govern the selection of LSPs to serve as POLR providers.(2) In each POLR area, for each customer class, the commission will designate up to 15 LSPs. The eligible REPs that have the greatest market share based upon retail sales in megawatt-hours, by customer class and POLR area must be designated as LSPs. Commission staff will designate the LSPs by October 15th of each even-numbered year, based upon the data submitted to the commission under subsection (h) of this section. Designation as a VREP does not affect a REP's eligibility to also serve as an LSP.(3) For the purpose of calculating the POLR rate for each customer class in each POLR area, an EFL must be completed by the LSP that has the greatest market share in accordance with paragraph (2) of this subsection. The Electricity Facts Label (EFL) must be supplied to commission staff electronically for placement on the commission webpage by the 10th of each month. Where REP-specific information is required to be inserted in the EFL, the LSP supplying the EFL must note that such information is REP-specific. (4) An LSP serving transitioned residential and small non-residential customers under a rate prescribed by subsection (m)(2) of this section must move such customers to a market-based month-to-month product, with pricing for such product to be effective no later than either the 61st day of service by the LSP or beginning with the customer's next billing cycle date following the 60th day of service by the LSP. For each transition event, all such transitioned customers in the same class and POLR area must be served pursuant to the same product terms, except for those customers specified in subparagraph (B) of this paragraph. (A) The notice required by §25.475(d) of this title to inform the customers of the change to a market-based month-to-month product may be included with the notice required by subsection (t)(3) of this section or may be provided 14 days in advance of the change. If the §25.475(d) notice is included with the notice required by subsection (t)(3) of this section, the LSP may state that either or both the terms of service document and EFL for the market-based month-to-month product will be provided at a later time, but no later than 14 days before their effective date. (B) The LSP is not required to transfer to a market-based product any transitioned customer who is delinquent in payment of any charges for POLR service to such LSP as of the 60th day of service. If such a customer becomes current in payments to the LSP, the LSP must move the customer to a market-based month-to-month product as described in this paragraph on the next billing cycle that occurs five business days after the customer becomes current. If the LSP does not plan to move customers who are delinquent in payment of any charges for POLR service as of the 60th day of service to a market-based month-to-month product, the LSP must inform the customer of that potential outcome in the notice provided to comply with §25.475(d) of this title. (5) Upon a request from an LSP and a showing that the LSP will be unable to maintain its financial integrity if additional customers are transferred to it under this section, the commission may relieve an LSP from a transfer of additional customers. The LSP must continue providing continuous service until the commission issues an order relieving it of this responsibility. In the event the requesting LSP is relieved of its responsibility, the commission staff designee will, with 90 days' notice, designate the next eligible REP, if any, as an LSP, based upon the criteria in this subsection. (k) Designation of an LSP affiliate to provide POLR service on behalf of an LSP.(1) An LSP may request the commission designate an LSP affiliate to provide POLR service on behalf of the LSP either with the LSP's filing under subsection (h) of this section or as a separate filing in the current term project. The filing must be made at least 30 days prior to the date when the LSP affiliate is to begin providing POLR service on behalf of the LSP. To be eligible to provide POLR service on behalf of an LSP, the LSP affiliate must be certificated to provide retail electric service; have an executed delivery service agreement with the service area TDU; and meet the requirements of subsection (h)(2) of this section, with the exception of subsection (h)(2)(B), (C), (D), and (E) of this section as related to serving customers in the applicable customer class.(2) The request must include the name and certificate number of the LSP affiliate, information demonstrating the affiliation between the LSP and the LSP affiliate, and a certified agreement from an officer of the LSP affiliate stating that the LSP affiliate agrees to provide POLR service on behalf of the LSP. The request must also include an affidavit from an officer of the LSP stating that the LSP will be responsible and indemnify any affected parties for all financial obligations of the LSP affiliate associated with the provisioning of POLR service on behalf of the LSP in the event that the LSP affiliate defaults or otherwise does not fulfill such financial obligations.(3) Commission staff will make an initial determination of the eligibility of the LSP affiliate to provide POLR service on behalf of an LSP and publish their names. The LSP or LSP affiliate may challenge commission staff's eligibility determination within five business days of the notice of eligibility by submitting to commission staff additional evidence of its capability to provide POLR service on behalf of the LSP. Commission staff will reassess the LSP affiliate's eligibility and notify the LSP and LSP affiliate of any change in eligibility status within 10 business days of the receipt of the additional documentation. If the LSP or LSP affiliate does not agree with staff's determination of eligibility, either or both may then appeal the determination to the commission through a contested case. The LSP must provide POLR service during the pendency of the contested case. (4) ERCOT or a TDU may challenge an LSP affiliate's eligibility to provide POLR service on behalf of an LSP. If ERCOT or a TDU has reason to believe that an LSP affiliate is not eligible or is not performing POLR responsibilities on behalf of an LSP, ERCOT or the TDU must make a filing with the commission detailing the basis for its concerns and must provide a copy of the filing to the LSP and the LSP affiliate that are the subject of the filing. If the filing contains confidential information, ERCOT or the TDU must file it in accordance with §25.71 of this title (relating to General Procedures, Requirements and Penalties). Commission staff will review the filing and if commission staff concludes that the LSP affiliate should not be allowed to provide POLR service on behalf of the LSP, it will request that the LSP affiliate demonstrate that it has the capability. The commission staff will review the LSP affiliate's filing and may initiate a proceeding with the commission to disqualify the LSP affiliate from providing POLR service. The LSP affiliate may continue providing POLR service to ESI IDs currently receiving the service during the pendency of the proceeding; however, the LSP must immediately assume responsibility to provide service under this section to customers who request POLR service, or are transferred to POLR service through a mass transition, during the pendency of the proceeding. (5) Designation of an affiliate to provide POLR service on behalf of an LSP must not change the number of ESI IDs served or the retail sales in megawatt-hours for the LSP for the reporting period nor does such designation relieve the LSP of its POLR service obligations in the event that the LSP affiliate fails to provide POLR service in accordance with the commission rules. (6) The designated LSP affiliate must provide POLR service and all reports as required by the commission's rules on behalf of the LSP.(7) The methodology used by a designated LSP affiliate to calculate POLR rates must be consistent with the methodology used to calculate LSP POLR rates in subsection (m) of this section.(8) If an LSP affiliate designated to provide POLR service on behalf of an LSP cannot meet or fails to meet the POLR service requirements in applicable laws and Commission rules, the LSP must provide POLR service to any ESI IDs currently receiving the service from the LSP affiliate and to ESI IDs in a future mass transition or upon customer request. (9) An LSP may elect to reassume provisioning of POLR service from the LSP affiliate by filing a reversion notice with the commission and notifying ERCOT at least 30 days in advance.(l) Mass transition of customers to POLR providers. The transfer of customers to POLR providers must be consistent with this subsection. (1) ERCOT must first transfer customers to VREPs, up to the number of ESI IDs that each VREP has offered to serve for each customer class in the POLR area. ERCOT must use the VREP list to assign ESI IDs to the VREPs in a non-discriminatory manner, before assigning customers to the LSPs. A VREP must not be assigned more ESI IDs than it has indicated it is willing to serve pursuant to subsection (i) of this section. To ensure non-discriminatory assignment of ESI IDs to the VREPs, ERCOT must:(A) Sort ESI IDs by POLR area;(B) Sort ESI IDs by customer class;(C) Sort ESI IDs numerically;(D) Sort VREPs numerically by randomly generated number; and(E) Assign ESI IDs in numerical order to VREPs, in the order determined in subparagraph (D) of this paragraph, in accordance with the number of ESI IDs each VREP indicated a willingness to serve pursuant to subsection (i) of this section. If the number of ESI IDs is less than the total that the VREPs indicated that they are willing to serve, each VREP must be assigned an equal number of ESI IDs, up to the number that each VREP indicated it was willing to serve for a given class and POLR area.(2) If the number of ESI IDs exceeds the amount the VREPs are designated to serve, ERCOT must assign remaining ESI IDs to LSPs in a non-discriminatory fashion, in accordance with their percentage of market share based upon retail sales in megawatt-hours, on a random basis within a class and POLR area, except that a VREP that is also an LSP that volunteers to serve at least 1% of its market share for a class of customers in a POLR area must be exempt from the LSP allocation up to 1% of the class and POLR area. To ensure non-discriminatory assignment of ESI IDs to the LSPs, ERCOT must:(A) Sort the ESI IDs in excess of the allocation to VREPs, by POLR area;(B) Sort ESI IDs in excess of the allocation to VREPs, by customer class;(C) Sort ESI IDs in excess of the allocation to VREPs, numerically;(D) Sort LSPs, except LSPs that volunteered to serve 1% of their market share as a VREP, numerically by MWhs served; (E) Assign ESI IDs that represent no more than 1% of the total market for that POLR area and customer class less the ESI IDs assigned to VREPs that volunteered to serve at least 1% of their market share for each POLR area and customer class in numerical order to LSPs designated in subparagraph (D) of this paragraph, in proportion to the percentage of MWhs served by each LSP to the total MWhs served by all LSPs; (F) Sort LSPs, including any LSPs previously excluded under subparagraph (D) of this paragraph; and (G) Assign all remaining ESI IDs in numerical order to LSPs in proportion to the percentage of MWhs served by each LSP to the total MWhs served by all LSPs.(3) Each mass transition must be treated as a separate event.(m) Rates applicable to POLR service.(1) A VREP must provide service to customers using a market-based, month-to-month product. The VREP must use the same market-based, month-to-month product for all customers in a mass transition that are in the same class and POLR area.(2) Subparagraphs (A) - (C) of this paragraph establish the maximum rate for POLR service charged by an LSP. An LSP may charge a rate less than the maximum rate if it charges the lower rate to all customers in a mass transition that are in the same class and POLR area.(A) Residential customers. The LSP rate for the residential customer class must be determined by the following formula: LSP rate (in $ per kWh) = (Non-bypassable charges + LSP customer charge + LSP energy charge) / kWh used, where:(i) Non-bypassable charges must be all TDU charges and credits for the appropriate customer class in the applicable service territory and other charges including ERCOT administrative charges, nodal fees or surcharges, reliability unit commitment (RUC) capacity short charges attributable to LSP load, and applicable taxes from various taxing or regulatory authorities, multiplied by the level of kWh and kW used, where appropriate.(ii) LSP customer charge must be $0.09 per kWh.(iii) Beginning on the 10th of each month, an LSP energy charge must be the average of the actual Real-Time Settlement Point Prices (RTSPPs) for the applicable load zone for the preceding calendar month (the historical average RTSPP) multiplied by the number of kWhs the customer used during that billing period and further multiplied by 120%. The LSP energy charge must not exceed 160%of the preceding calendar month's LSP energy charge. The applicable load zone will be the load zone located partially or wholly in the customer's TDU service territory with the highest average under the historical average RTSPP calculation. (iv) \"Number of kWhs the customer used\" is based on usage data provided to the POLR by the TDU.(B) Small and medium non-residential customers. The LSP rate for the small and medium non-residential customer classes must be determined by the following formula: LSP rate (in $ per kWh) = (Non-bypassable charges + LSP customer charge + LSP energy charge) / kWh used, where:(i) Non-bypassable charges must be all TDU charges and credits for the appropriate customer class in the applicable service territory, and other charges including ERCOT administrative charges, nodal fees or surcharges, RUC capacity short charges attributable to LSP load, and applicable taxes from various taxing or regulatory authorities, multiplied by the level of kWh and kW used, where appropriate. (ii) LSP customer charge must be $0.09 per kWh.(iii) Beginning on the 10th of each month, LSP energy charge must be the average of the actual RTSPPs for the applicable load zone for the preceding calendar month multiplied by the number of kWhs the customer used during that billing period and further multiplied by 125%. The LSP energy charge must not exceed 160% of the preceding calendar month's LSP energy charge. The applicable load zone will be the load zone located partially or wholly in the customer's TDU service territory with the highest average under the historical average RTSPP calculation. (iv) \"Number of kWhs the customer used\" is based on usage data provided to the POLR by the TDU.(C) Large non-residential customers. The LSP rate for the large non-residential customer class must be determined by the following formula: LSP rate (in $ per kWh) = (Non-bypassable charges + LSP customer charge + LSP demand charge + LSP energy charge) / kWh used, where:(i) Non-bypassable charges must be all TDU charges and credits for the appropriate customer class in the applicable service territory, and other charges including ERCOT administrative charges, nodal fees or surcharges, RUC capacity short charges attributable to LSP load, and applicable taxes from various taxing or regulatory authorities, multiplied by the level of kWh and KW used, where appropriate. (ii) LSP customer charge must be $2,897.00 per month.(iii) LSP demand charge must be $6.00 per kW, per month.(iv) LSP energy charge must be the appropriate RTSPP, determined on the basis of 15-minute intervals, for the customer multiplied by 125%, multiplied by the level of kilowatt-hours used. The energy charge must have a floor of $7.25 per MWh.(3) If in response to a complaint or upon its own investigation, the commission determines that an LSP failed to charge the appropriate rate prescribed by paragraph (2) of this subsection, and as a result overcharged its customers, the LSP must issue refunds to the specific customers who were overcharged.(4) On a showing of good cause by an affected person, the commission may direct an LSP to adjust the rate prescribed by paragraph (2) of this subsection, if necessary to ensure that the rate is consistent with prevailing market conditions. Notwithstanding any other commission rule to the contrary, such rates may be adjusted on an interim basis for good cause shown and after at least 10 business days' notice and an opportunity for hearing on the request for interim relief. Any adjusted rate must be applicable to all LSPs charging the rate prescribed by paragraph (2) of this subsection to the specific customer class, within the POLR area that is subject to the adjustment. (5) For transitioned customers, the customer and demand charges associated with the rate prescribed by paragraph (3) of this subsection must be pro-rated for partial month usage if a large non-residential customer switches from the LSP to a REP of choice.(n) Challenges to customer assignments. A POLR provider is not obligated to serve a customer within a customer class or a POLR area for which the REP is not designated as a POLR provider, after a successful challenge of the customer assignment. A POLR provider must use the ERCOT market variance resolution tool to challenge a customer class assignment with the TDU. The TDU must make the final determination based upon historical usage data and not premise type. If the customer class assignment is changed and a different POLR provider for the customer is determined appropriate, the customer must then be served by the appropriate POLR provider. Back dated transactions may be used to correct the POLR assignment.(o) Limitation on liability. A POLR provider must make reasonable provisions to provide service under this section to any ESI IDs currently receiving the service and to ESI IDs obtained in a future mass transition or served upon customer request; however, liabilities not excused by reason of force majeure or otherwise must be limited to direct, actual damages. (1) Neither the customer nor the POLR provider must be liable to the other for consequential, incidental, punitive, exemplary, or indirect damages. These limitations apply without regard to the cause of any liability or damage.(2) In no event will ERCOT or a POLR provider be liable for damages to any REP, whether under tort, contract or any other theory of legal liability, for transitioning or attempting to transition a customer from such REP to the POLR provider to carry out this section, or for marketing, offering or providing competitive retail electric service to a customer taking service under this section from the POLR provider.(p) REP obligations in a transition of customers to POLR service. (1) A customer may initiate service with an LSP by requesting such service at the rate prescribed by subsection (m)(2) of this section with any LSP that is designated to serve the requesting customer's customer class within the requesting customer's service area. An LSP cannot refuse a customer's request to make arrangements for POLR service, except as otherwise permitted under this title.(2) The POLR provider is responsible for obtaining resources and services needed to serve a customer once it has been notified that it is serving that customer. The customer is responsible for charges for service under this section at the rate in effect at that time.(3) If a REP terminates service to a customer, or transitions a customer to a POLR provider, the REP is financially responsible for the resources and services used to serve the customer until it notifies the independent organization of the termination or transition of the service and the transfer to the POLR provider is complete.(4) The POLR provider is financially responsible for all costs of providing electricity to customers from the time the transfer or initiation of service is complete until such time as the customer ceases taking service under this section.(5) A defaulting REP whose customers are subject to a mass transition event must return the customers' deposits within seven calendar days of the initiation of the transition.(6) ERCOT must create a single standard file format and a standard set of customer billing contact data elements that, in the event of a mass transition, must be used by the exiting REP and the POLRs to send and receive customer billing contact information. The process, as developed by ERCOT must be tested on a periodic basis. Each REP must submit timely, accurate, and complete files, as required by ERCOT in a mass transition event, as well as for periodic testing. The commission will establish a procedure for the verification of customer information submitted by REPs to ERCOT. ERCOT must notify the commission if any REP fails to comply with the reporting requirements in this subsection.(7) When customers are to be transitioned or assigned to a POLR provider, the POLR provider may request usage and demand data, and customer contact information including email, telephone number, and address from the appropriate TDU and from ERCOT, once the transition to the POLR provider has been initiated. Customer proprietary information provided to a POLR provider in accordance with this section must be treated as confidential and must only be used for mass transition related purposes.(8) Information from the TDU and ERCOT to the POLR providers must be provided in Texas SET format when Texas SET transactions are available. However, the TDU or ERCOT may supplement the information to the POLR providers in other formats to expedite the transition. The transfer of information in accordance with this section must not constitute a violation of the customer protection rules that address confidentiality.(9) A POLR provider may require a deposit from a customer that has been transitioned to the POLR provider to continue to serve the customer. Despite the lack of a deposit, the POLR provider is obligated to serve the customer transitioned or assigned to it, beginning on the service initiation date of the transition or assignment, and continuing until such time as any disconnection request is effectuated by the TDU. A POLR provider may make the request for deposit before it begins serving the customer, but the POLR provider must begin providing service to the customer even if the service initiation date is before it receives the deposit - if any deposit is required. A POLR provider must not disconnect the customer until the appropriate time period to submit the deposit has elapsed. For the large non-residential customer class, a POLR provider may require a deposit to be provided in three calendar days. For the residential customer class, the POLR provider may require a deposit to be provided after 15 calendar days of service if the customer received 10 days' notice that a deposit was required. For all other customer classes, the POLR provider may require a deposit to be provided in 10 calendar days. The POLR provider may waive the deposit requirement at the customer's request if deposits are waived in a non-discriminatory fashion. If the POLR provider obtains sufficient data, it must determine whether a residential customer has satisfactory credit based on the criteria the POLR provider routinely applies to its other residential customers. If the customer has satisfactory credit, the POLR provider must not request a deposit from the residential customer. (A) At the time of a mass transition, the executive director or staff designated by the executive director will distribute available proceeds from an irrevocable stand-by letter of credit in accordance with the priorities established in §25.107(f)(6) of this title. For a REP that has obtained a current list from the Low Income List Administrator (LILA) that identifies low-income customers, these funds must first be used to provide deposit payment assistance for that REP's transitioned low-income customers. The Executive Director or staff designee will, at the time of a transition event, determine the reasonable deposit amount up to $400 per customer ESI ID, unless good cause exists to increase the level of the reasonable deposit amount above $400. Such reasonable deposit amount may take into account factors such as typical residential usage and current retail residential prices, and, if fully funded, must satisfy in full the customers' initial deposit obligation to the VREP or LSP. (B) For a REP that has obtained a current list from the LILA that identifies low-income customers, the Executive Director or the staff designee will distribute available proceeds pursuant to §25.107(f)(6) of this title to the VREPs proportionate to the number of customers they received in the mass transition, who at the time of the mass transition were identified as low-income customers by the current LILA list, up to the reasonable deposit amount set by the Executive Director or staff designee. If funds remain available after distribution to the VREPs, the remaining funds must be distributed to the appropriate LSPs by dividing the amount remaining by the number of low income customers as identified in the LILA list that are allocated to LSPs, up to the reasonable deposit amount set by the Executive Director or staff designee. (C) If the funds distributed in accordance with §25.107(f)(6) of this title do not equal the reasonable deposit amount determined, the VREP and LSP may request from the customer payment of the difference between the reasonable deposit amount and the amount distributed. Such difference must be collected in accordance with §25.478(e)(3) of this title (relating to Credit Requirements and Deposits). (D) Notwithstanding §25.478(d) of this title, 90 days after the transition date, the VREP or LSP may request payment of an amount that results in the total deposit held being equal to what the VREP or LSP would otherwise have charged a customer in the same customer class and service area in accordance with §25.478(e) of this title, at the time of the transition.(10) On the occurrence of one or more of the following events, ERCOT must initiate a mass transition to POLR providers, of all of the customers served by a REP:(A) Termination of the Load Serving Entity (LSE) or Qualified Scheduling Entity (QSE) Agreement for a REP with ERCOT;(B) Issuance of a commission order recognizing that a REP is in default under the TDU Tariff for Retail Delivery Service;(C) Issuance of a commission order de-certifying a REP;(D) Issuance of a commission order requiring a mass transition to POLR providers;(E) Issuance of a judicial order requiring a mass transition to POLR providers; and(F) At the request of a REP, for the mass transition of all of that REP's customers.(11) A REP must not use the mass transition process in this section as a means to cease providing service to some customers, while retaining other customers. A REP's improper use of the mass transition process may lead to de-certification of the REP.(12) ERCOT may provide procedures for the mass transition process, consistent with this section.(13) A mass transition under this section must not override or supersede a switch request made by a customer to switch an ESI ID to a new REP of choice, if the request was made before a mass transition is initiated. If a switch request has been made but is scheduled for any date after the next available switch date, the switch must be made on the next available switch date.(14) ERCOT must identify customers who are mass transitioned for a period of 60 calendar days. The identification must terminate at the first completed switch or at the end of the 60-day period, whichever is first. If necessary, ERCOT system changes or new transactions must be implemented no later than 14 months from the effective date of this section to communicate that a customer was acquired in a mass transition and is not charged the out-of-cycle meter read pursuant to paragraph (16) of this subsection. (15) In the event of a transition to a POLR provider or away from a POLR provider to a REP of choice, the switch notification notice detailed in §25.474(l) of this title (relating to Selection of Retail Electric Provider) is not required.(16) In a mass transition event, the ERCOT initiated transactions must request an out-of-cycle meter read for the associated ESI IDs for a date two calendar days after the calendar date ERCOT initiates such transactions to the TDU. If an ESI ID does not have the capability to be read in a fashion other than a physical meter read, the out-of-cycle meter read may be estimated. An estimated meter read for the purpose of a mass transition to a POLR provider must not be considered a break in a series of consecutive months of estimates, but must not be considered a month in a series of consecutive estimates performed by the TDU. A TDU must create a regulatory asset for the TDU fees associated with a mass transition of customers to a POLR provider pursuant to this subsection. Upon review of reasonableness and necessity, a reasonable level of amortization of such regulatory asset must be included as a recoverable cost in the TDU's rates in its next rate case or such other rate recovery proceeding as deemed necessary. The TDU must not bill as a discretionary charge, the costs included in this regulatory asset, which must consist of the following:(A) fees for out-of-cycle meter reads associated with the mass transition of customers to a POLR provider; and (B) fees for the first out-of-cycle meter read provided to a customer who transfers away from a POLR provider, when the out-of-cycle meter read is performed within 60 calendar days of the date of the mass transition and the customer is identified as a transitioned customer. (17) In the event the TDU estimates a meter read for the purpose of a mass transition, the TDU must perform a true-up evaluation of each ESI ID after an actual meter reading is obtained. Within 10 days after the actual meter reading is obtained, the TDU must calculate the actual average kWh usage per day for the time period from the most previous actual meter reading occurring prior to the estimate for the purpose of a mass transition to the most current actual meter reading occurring after the estimate for the purpose of mass transition. If the average daily estimated usage sent to the exiting REP is more than 50% greater than or less than the average actual kWh usage per day, the TDU must promptly cancel and re-bill both the exiting REP and the POLR using the average actually daily usage.(q) Termination of POLR service provider status.(1) The commission may revoke a REP's POLR status after notice and opportunity for hearing:(A) If the POLR provider fails to maintain REP certification; (B) If the POLR provider fails to provide service in a manner consistent with this section;(C) The POLR provider fails to maintain appropriate financial qualifications; or(D) For other good cause. (2) If an LSP defaults or has its status revoked before the end of its term, after a review of the eligibility criteria, the commission staff designee will, as soon as practicable, designate the next eligible REP, if any, as an LSP, based on the criteria in subsection (j) of this section.(3) At the end of the POLR service term, the outgoing LSP must continue to serve customers who have not selected another REP.(r) Electric cooperative delegation of authority. An electric cooperative that has adopted customer choice may select to delegate to the commission its authority to select POLR providers under PURA §41.053(c) in its certificated service area in accordance with this section. After notice and opportunity for comment, the commission will, at its option, accept or reject such delegation of authority. If the commission accepts the delegation of authority, the following conditions apply:(1) The board of directors must provide the commission with a copy of a board resolution authorizing such delegation of authority; (2) The delegation of authority must be made at least 30 calendar days prior to the time the commission issues a publication of notice of eligibility; (3) The delegation of authority must be for a minimum period corresponding to the period for which the solicitation must be made;(4) The electric cooperative wishing to delegate its authority to designate a continuous provider must also provide the commission with the authority to apply the selection criteria and procedures described in this section in selecting the POLR providers within the electric cooperative's certificated service area; and(5) If there are no competitive REPs offering service in the electric cooperative certificated area, the commission must automatically reject the delegation of authority.(s) Reporting requirements. Each LSP that serves customers under a rate prescribed by subsection (m)(2) of this section must file the following information with the commission on a quarterly basis beginning January of each year in a project established by the commission for the receipt of such information. Each quarterly report must be filed within 30 calendar days of the end of the quarter.(1) For each month of the reporting quarter, each LSP must report the total number of new customers acquired by the LSP under this section and the following information regarding these customers: (A) The number of customers from whom a deposit was requested pursuant to the provisions of §25.478 of this title, and the average amount of deposit requested;(B) The number of customers from whom a deposit was received, including those who entered into deferred payment plans for the deposit, and the average amount of the deposit; (C) The number of customers whose service was physically disconnected pursuant to the provisions of §25.483 of this title (relating to Disconnection of Service) for failure to pay a required deposit; and(D) Any explanatory data or narrative necessary to account for customers that were not included in either subparagraph (B) or (C) of this paragraph.(2) For each month of the reporting quarter each LSP must report the total number of customers to whom a disconnection notice was issued pursuant to the provisions of §25.483 of this title and the following information regarding those customers:(A) The number of customers who entered into a deferred payment plan, as defined by §25.480(j) of this title (relating to Bill Payment and Adjustments) with the LSP;(B) The number of customers whose service was physically disconnected pursuant to §25.483 of this title; (C) The average amount owed to the LSP by each disconnected customer at the time of disconnection; and (D) Any explanatory data or narrative necessary to account for customers that are not included in either subparagraph (A) or (B) of this paragraph.(3) For the entirety of the reporting quarter, each LSP must report, for each customer that received POLR service, the TDU and customer class associated with the customer's ESI ID, the number of days the customer received POLR service, and whether the customer is currently the LSP's customer.(t) Notice of transition to POLR service to customers. When a customer is moved to POLR service, the customer must be provided notice of the transition by ERCOT, the REP transitioning the customer, and the POLR provider. The ERCOT notice must be provided within two days of the time ERCOT and the transitioning REP know that the customer must be transitioned and customer contact information is available. If ERCOT cannot provide notice to customers within two days, it must provide notice as soon as practicable. The POLR provider must provide the notice required by paragraph (3) of this subsection to commission staff at least 48 hours before it is provided to customers, and must provide the notice to transitioning customers as soon as practicable. The POLR provider must email the notice to the commission staff members designated for receipt of the notice.(1) ERCOT notice methods must include a post-card, containing the official commission seal with language and format approved by the commission. ERCOT must notify transitioned customers with an automated phone-call and email to the extent the information to contact the customer is available pursuant to subsection (p)(6) of this section. ERCOT must study the effectiveness of the notice methods used and report the results to the commission. (2) Notice by the REP from which the customer is transferred must include:(A) The reason for the transition;(B) A contact number for the REP;(C) A statement that the customer will receive a separate notice from the POLR provider that must disclose the date the POLR provider must begin serving the customer;(D) Either the customer's deposit plus accrued interest, or a statement that the deposit must be returned within seven days of the transition;(E) A statement that the customer can leave the assigned service by choosing a competitive product or service offered by the POLR provider, or another competitive REP, as well as the following statement: \"If you would like to see offers from different retail electric providers, please access www.powertochoose.org, or call toll-free 1-866-PWR-4-TEX (1-866-797-4839) for a list of providers in your area;\"(F) For residential customers, notice from the commission in the form of a bill insert or a bill message with the header \"An Important Message from the Public Utility Commission Regarding Your Electric Service\" addressing why the customer has been transitioned to another REP, the continuity of service purpose, the option to choose a different competitive provider, and information on competitive markets to be found at www.powertochoose.org, or toll-free at 1-866-PWR-4-TEX (1-866-797-4839);(G) If applicable, a description of the activities that the REP will use to collect any outstanding payments, including the use of consumer reporting agencies, debt collection agencies, small claims court, and other remedies allowed by law, if the customer does not pay or make acceptable payment arrangements with the REP; and(H) Notice to the customer that after being transitioned to POLR service, the customer may accelerate a switch to another REP by requesting a special or out-of-cycle meter read.(3) Notice by the POLR provider must include:(A) The date the POLR provider began or will begin serving the customer and a contact number for the POLR provider;(B) A description of the POLR provider's rate for service. In the case of a notice from an LSP that applies the pricing of subsection (m)(2) of this section, a statement that the price is generally higher than available competitive prices;(C) The deposit requirements of the POLR provider and any applicable deposit waiver provisions and a statement that, if the customer chooses a different competitive product or service offered by the POLR provider, a REP affiliated with the POLR provider, or another competitive REP, a deposit may be required;(D) A statement that the additional competitive products or services may be available through the POLR provider, a REP affiliated with the POLR provider, or another competitive REP, as well as the following statement: \"If you would like to choose a different retail electric provider, please access www.powertochoose.org, or call toll-free 1-866-PWR-4-TEX (1-866-797-4839) for a list of providers in your area;\"(E) The applicable Terms of Service and Electricity Facts Label (EFL); and(F) For residential customers that are served by an LSP under a rate prescribed by subsection (m)(2) of this section, a notice to the customer that after being transitioned to service from a POLR provider, the customer may accelerate a switch to another REP by requesting a special or out-of-cycle meter read.(u) Market notice of transition to POLR service. ERCOT must notify all affected Market Participants and the Retail Market Subcommittee (RMS) email listserv of a mass transition event within the same day of an initial mass-transition call after the call has taken place. The notification must include the exiting REP's name, total number of ESI IDs, and estimated load.(v) Disconnection by a POLR provider. The POLR provider must comply with the applicable customer protection rules as provided for under Subchapter R of this chapter, except as otherwise stated in this section. To ensure continuity of service, service under this section must begin when the customer's transition to the POLR provider is complete. A customer deposit is not a prerequisite for the initiation of service under this section. Once service has been initiated, a customer deposit may be required to prevent disconnection. Disconnection for failure to pay a deposit may not occur until after the proper notice and after that appropriate payment period detailed in §25.478 of this title has elapsed, except where otherwise noted in this section.(w) Deposit payment assistance. (1) The commission staff designee will distribute the deposit payment assistance monies to the appropriate POLRs on behalf of customers as soon as practicable.(2) The executive director or staff designee will use best efforts to provide written notice to the appropriate POLRs of the following on or before the second calendar day after the transition: (A) a list of the ESI IDs identified by the LILA that have been or will be transitioned to the applicable POLR (if available); and(B) the amount of deposit payment assistance that will be provided on behalf of a POLR customer identified by the LILA (if available).(3) Amounts credited as deposit payment assistance pursuant to this section must be refunded to the customer in accordance with §25.478(j) of this title.", "sourceNote": "Source Note: The provisions of this §25.43 adopted to be effective September 12, 2002, 27 TexReg 8428; amended to be effective July 31, 2006, 31 TexReg 5910; amended to be effective June 4, 2009, 34 TexReg 3361; amended to be effective March 8, 2010, 35 TexReg 1980; amended to be effective August 19, 2012, 37 TexReg 6006; amended to be effective February 12, 2014, 39 TexReg 627; amended to be effective May 13, 2018, 43 TexReg 3001; amended to be effective January 6, 2022, 46 TexReg 9242; amended to be effective November 23, 2022, 47 TexReg 7669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167100", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.44", "label": "Privacy of Advanced Metering System Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195712", "queryAsDate": "03/11/2026" }, "ruleBody": "An electric utility shall not sell, share, or disclose information generated, provided, or otherwise collected from an advanced metering system or meter information network, including information used to calculate charges for service, historical load data, and any other customer information; except the utility may share such information with an affiliated corporation as defined in §25.5 of this title (relating to Definitions), or other third-party entity, if the information is to be used only for the purpose of:(1) Providing electric utility service to the customer; or(2) Other customer-approved services.", "sourceNote": "Source Note: The provisions of this §25.44 adopted to be effective May 7, 2014, 39 TexReg 3585." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195712", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§25.45", "label": "Low-Income List Administrator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to define the responsibilities of the Low-Income List Administrator (LILA) to establish and maintain a list of eligible low-income customers and to specify the process for a retail electric provider (REP) who voluntarily seeks to obtain the low-income customer identification service from the LILA pursuant to Public Utility Regulatory Act (PURA) §17.007.(b) Application. This section applies to the LILA, which has been contracted by the commission to administer aspects of the low-income customer identification process established under PURA §17.007 in cooperation with the Texas Health and Human Services Commission (HHSC). This section also applies to REPs that provide retail electric service in an area that has been opened to customer choice and that voluntarily seek to obtain the low-income customer identification service from the LILA.(c) Customer identification process. The LILA must identify eligible low-income customers through a monthly automatic identification process in cooperation with the HHSC.(1) Automatic identification is an electronic process to identify customers eligible for the low-income list by matching client data from the HHSC with residential customer-specific data from participating REPs.(A) The HHSC must provide client information to the LILA in accordance with subsection (d)(1) of this section.(B) REPs must provide customer information to the LILA in accordance with subsection (d)(3) of this section.(C) The LILA shall compare the customer information from the HHSC and REPs, create files of matching customers and notify the REPs of their eligible customers.(2) Automatically identified customers shall continue to be included on the LILA's list of eligible low-income customers as long as the customers receive qualifying HHSC benefits. Once a customer no longer receives qualifying HHSC benefits, the customer will no longer be identified by the LILA's process as an eligible low-income customer that is sent to the customer's REP.(d) Responsibilities. In addition to the requirements established in this section, program responsibilities for the LILA may be established in the commission's contract with the LILA; program responsibilities for tasks undertaken by the HHSC may be established in the memorandum of understanding between the commission and the HHSC.(1) HHSC's responsibilities. The HHSC must assist in the implementation and maintenance of the automatic enrollment process by providing a database of customers receiving qualifying HHSC benefits as detailed in the memorandum of understanding between the HHSC and the commission.(2) The LILA's responsibilities. The LILA must:(A) receive customer lists from participating REPs on at least a monthly basis through data transfer;(B) retrieve the database of clients from the HHSC on at least a monthly basis;(C) establish a list of eligible customers, by comparing customer lists from the REPs with HHSC databases and identifying customer records that reasonably match;(D) make available to each participating REP, on a date prescribed by the commission on at least a monthly basis, a list of eligible low-income customers; and(E) protect the confidentiality of the customer information provided by the REPs and the client information provided by the HHSC.(3) A participating REP's responsibilities. A REP that voluntarily seeks to obtain a list of eligible low-income customers must:(A) provide residential customer information to the LILA through data transfer on a date prescribed by the commission on at least a monthly basis. The customer information shall include, to the greatest extent possible, each full name of the primary and secondary customer on each account, billing and service addresses, primary and secondary social security numbers, primary and secondary telephone numbers, Electric Service Identifier (ESI ID), service provider account number, and premise code;(B) retrieve from the LILA the list of eligible low-income customers; and(C) assist the LILA in working to resolve issues concerning customer eligibility.(e) Confidentiality of information.(1) The data acquired from HHSC pursuant to this section is subject to a HHSC confidentiality agreement.(2) All data transfers from REPs to the LILA pursuant to this section shall be conducted under the terms and conditions of a standard confidentiality agreement to protect customer privacy and REPs' competitively sensitive information.(3) The LILA may use information obtained pursuant to this section only for purposes prescribed by commission rule.(f) Delegation of authority. The commission may delegate to the executive director the authority to contract with a third-party vendor to administer aspects of the low-income customer identification process established under PURA §17.007 in cooperation with HHSC, and to negotiate the LILA's annual fee for the provision of the low-income customer identification service.(g) REP annual election process. REPs may elect to obtain the low-income customer identification service from the LILA on an annual basis.(1) Not later than May 1 of each year, commission staff must open a project in which a REP may request the low-income customer identification service for the upcoming fiscal year beginning September 1. Commission staff must file notice in the project of the total annual cost of the service at the time the project is opened or as soon as practicable.(2) Not later than July 31 of each year, a REP must file its request for the low-income customer identification service in the project opened for that purpose. The filing must include the REP's certificate number. In its filing, the REP must state that it agrees to reimburse the commission for its allocated share of the total cost of providing the service.(3) Not later than August 31 of each year, if the commission has received a request from one or more REPs under paragraph (2) of this subsection, the commission will enter an order listing the name of each REP that filed a request, and establishing the amount that each REP will pay as determined under paragraph (4) of this subsection.(4) The total cost of the low-income customer identification service will be allocated equally among the REPs that have filed a request under paragraph (2) of this subsection unless otherwise provided by the commission based on the agreement of REPs requesting the low-income customer identification service.(5) Provided that at least one REP requests the low-income customer identification service in a program year in accordance with paragraph (2) of this subsection, a REP that is newly certificated after July 31 may obtain the low-income customer identification service at no cost to the REP until the next program year, when the REP has the opportunity to submit a timely request under paragraph (2) of this subsection. To obtain the low-income customer identification service, the newly-certificated REP must file a request in the project opened under paragraph (1) of this subsection.", "sourceNote": "Source Note: The provisions of this §25.45 adopted to be effective May 13, 2018, 43 TexReg 3001; amended to be effective July 4, 2019, 44 TexReg 3259." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "485", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.51", "label": "Power Quality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224343&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224343", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Voltage variation.(1) Standard nominal voltages to be adopted. In addition to the nominal voltages that each electric utility has already adopted, each nominal voltage adopted by an electric utility after approval of this rule shall be a voltage indicated by the version of the American National Standards Institute, Incorporated (ANSI) Standard C84.1, Electrical Power Systems and Equipment-Voltage Ratings (60Hz), or equivalent ANSI standard as later amended, in effect at the time of adoption of the nominal voltages. An electric utility may adopt different nominal voltages to serve specific customers if such action does not compromise prudent transmission and distribution system operation.(2) Nominal voltage limitations. So far as technologically practicable, each electric utility shall maintain its standard distribution system nominal voltages within the limits specified in the current version of ANSI Standard C84.1, or equivalent ANSI standard as later amended. Each electric utility offering service at transmission voltages to customers who have their own transformation equipment shall maintain such voltages within a range of plus or minus 10% of its adopted nominal voltages. Variations in distribution system voltage in excess of the limits specified in ANSI C84.1 and transmission system voltages in excess of plus or minus 10% caused by action of the elements and infrequent and unavoidable fluctuations of short duration due to station or system operation shall not be considered violations of this subsection.(b) Frequency variation. Each electric utility supplying alternating current shall adopt a standard frequency of 60 Hertz. This frequency shall be maintained within the limits stated in the current version of the North American Electric Reliability Council (NERC) operating manual, or succeeding NERC document that may subsequently replace the operating manual.(c) Harmonics. In 60 Hertz electric power systems, a harmonic is a sinusoidal component of the 60 Hertz fundamental wave having a frequency that is an integral multiple of the fundamental frequency. \"Excessive harmonics,\" in this subsection, shall mean levels of current or voltage distortion at the point of common coupling between the electric utility and the customer outside the levels recommended in the IEEE standard referenced in paragraph (1) of this subsection. Each electric utility shall assist every customer affected with problems caused by excessive harmonics and customers affected in exceptional cases as described in paragraph (5) of this subsection.(1) Applicable standards. In addressing harmonics problems, the electric utility and the customer shall implement to the extent reasonably practicable and in conformance with prudent operation the practices outlined in IEEE Standard 519-1992, IEEE Recommended Practices and Requirements for Harmonic Control in Electric Power Systems, or any successor IEEE standard, to the extent not inconsistent with law, including state and federal statutes, orders, and regulations, and applicable municipal regulations.(2) Investigation. After notice by a customer that it is experiencing problems caused by harmonics, or if an electric utility otherwise becomes aware of harmonics conditions adversely affecting a customer, the electric utility shall determine whether the condition constitutes excessive harmonics. If so, the electric utility shall investigate and determine the cause of the excessive harmonics.(3) Excessive harmonics created by customer. If an electric utility determines that a customer has created excessive harmonics that causes or are reasonably likely to cause another customer to receive unsafe, unreliable or inadequate electric service, the electric utility shall provide written notice to the customer creating excessive harmonics. The notice shall state that the utility has determined that the customer has created an excessive harmonics condition and that the utility has explained the source and consequences of the harmonics problem. The notice shall give the customer two options to cure the problem.(A) The electric utility may cure the problem by working on the customer's electric facilities at a mutually agreeable time and assess the repair costs to the customer.(B) The customer may elect to cure the problem at its option and its cost, but the remedy must occur within a reasonable time, which will be specified in the notice.(4) Failure of the customer to remedy the problem. Failure of the customer to remedy the problem may require the electric utility to disconnect the customer's service. The electric utility shall then remedy the excessive harmonics condition, or the electric utility may determine that the customer has remedied the condition within the time specified. In the event the customer refuses to allow the electric utility to remedy the problem and does not stop creating excessive harmonics within the time specified, the electric utility may disconnect the customer's service. Before disconnecting pursuant to this subsection, the electric utility must provide written notice of its intent to disconnect at least five working days before doing so, unless the customer grants the utility access to its electric facilities or ceases creating excessive harmonics. The electric utility may disconnect the customer five working days after providing the notice, unless the customer grants the electric utility access to its electric facilities or ceases creating excessive harmonics.(5) Excessive harmonics created by an electric utility or third party. If an electric utility determines that its operation or facilities, or the operations or facilities of a third party other than a customer, created excessive harmonics that causes or is reasonably likely to cause a customer to receive unsafe, unreliable or inadequate electric service, the electric utility shall remedy the excessive harmonics condition at the earliest practical date.(6) Excessive total harmonic distortion created by two or more harmonic sources within IEEE 519 limits. If, in its investigation of a harmonics problem, an electric utility determines that two or more customers' harmonic loads are individually within IEEE 519 limits but the sum of the loads are in excess of the IEEE 519 limits, the utility may require each customer to reduce its harmonic levels beyond the limits specified in IEEE 519.(7) Cost responsibility.(A) Customer-created excessive harmonics. Electric utilities that remedy a customer-created excessive harmonics condition shall assess that customer a fee for the investigation and repair of the condition. Where a customer has remedied the condition, the electric utility shall assess the customer a fee for investigating the problem. The electric utility shall charge all applicable fees if required to disconnect the customer. An electric utility fee for investigation and repair of customer-created excessive harmonics conditions must be reasonable under the circumstances, and shall equal the electric utility's actual costs incurred, including its reasonable administrative costs.(B) Electric utility-created and third party-created excessive harmonics. Each electric utility that created an excessive harmonics condition, or that investigated or remedied an excessive harmonics condition created by a third party other than a customer, must bear the costs incurred in investigating and remedying the condition, and shall not assess any fees to the affected customer.(8) Cooperatives. In fulfilling any of the responsibilities described in this subsection, a retail distribution cooperative that is a member of a generation and transmission (G & T) cooperative may request the G & T cooperative's assistance. The retail distribution cooperative bears full responsibility for ensuring that this subsection's requirements are fulfilled.(d) Power quality monitoring. Each electric utility shall provide, maintain, calibrate, and use appropriate power monitoring instruments to investigate power quality complaints from its customers and to determine the cause of disturbances and power quality problems on the utility's system. In addressing power quality monitoring, each electric utility shall implement to the extent reasonably practicable and in conformance with prudent operation the practices outlined in IEEE Standard 1159-1995, IEEE Recommended Practice for Monitoring Electric Power Quality, or any successor IEEE standard, to the extent not inconsistent with law, including state and federal statutes, orders, and regulations, and applicable municipal regulations.(e) Voltmeters and voltage surveys.(1) Voltmeters. Each electric utility shall provide, maintain, and use portable voltmeters for testing voltage regulation, and electric utilities serving more than 250 meters shall provide, maintain, and use one or more portable recording voltmeters. These instruments shall be of a type and capacity suited to the voltage supplied.(2) Voltage surveys. Each electric utility shall make a sufficient number of voltage surveys to adequately measure the character of service furnished its customers and to satisfy the commission of its compliance with the voltage requirements. Electric utilities having recording voltmeters shall keep at least one of these voltmeters in continuous service for the same purpose.", "sourceNote": "Source Note: The provisions of this §25.51 adopted to be effective June 11, 1998, 23 TexReg 6204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224343&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224343", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.52", "label": "Reliability and Continuity of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227105", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to all electric utilities as defined by §25.5 of this title (relating to Definitions) and all transmission and distribution utilities as defined by §25.5 of this title. When specifically stated, this section also applies to electric cooperatives and municipally-owned utilities (MOUs). The term \"utility\" as used in this section means an electric utility and a transmission and distribution utility. (b) General. (1) Every utility must make all reasonable efforts to prevent interruptions of service. When interruptions occur, the utility must reestablish service within the shortest possible time. (2) Each utility must make reasonable provisions to manage emergencies resulting from failure of service, and each utility must issue instructions to its employees covering procedures to be followed in the event of emergency in order to prevent or mitigate interruption or impairment of service. (3) In the event of national emergency or local disaster resulting in disruption of normal service, the utility may, in the public interest, interrupt service to other customers to provide necessary service to civil defense or other emergency service entities on a temporary basis until normal service to these agencies can be restored. (4) Each utility must maintain adequately trained and experienced personnel throughout its service area so that the utility is able to fully and adequately comply with the service quality and reliability standards. (5) With regard to system reliability, a utility must not neglect any local neighborhood or geographic area, including rural areas, communities of less than 1,000 persons, and low-income areas. (6) Each utility that provides distribution service to retail customers must maintain an accurate and publicly available online outage tracker or outage map on its website.(A) An online outage tracker or outage map must contain a map of the utility's distribution service territory that identifies, for each active outage impacting retail distribution customers, the approximate location of the outage, the date and time the outage was reported or otherwise identified, an estimated restoration time, the general status of the restoration effort, and the date and time the outage and restoration status information was most recently updated. Information provided by the outage tracker or outage map under this subparagraph must be updated to include new or updated service addresses in the utility's service territory as soon as practicable, and be available in English and Spanish, as applicable. (B) If a utility's outage tracker or outage map is scheduled to be taken offline or may otherwise become unavailable due to maintenance or upgrades, the utility must post details of the scheduled activity on its website and provide notice of the scheduled activity to the commission's Consumer Protection and Critical Infrastructure Security and Risk Management divisions no later than seven days prior to the scheduled activity. A utility must, as soon as reasonably practicable, notify the commission in writing if the utility's outage tracker or outage map unexpectedly becomes unavailable or if the utility determines that maintenance is required within the next seven days. (C) An outage tracker or outage map must provide or link to information that indicates the different methods a customer may use to report an outage or hazardous condition and provide or link to information on how a customer may request to receive updates on the status of outages and outage restoration efforts. The outage tracker or outage map must include at least one digital means for a customer to report an outage to the utility.(D) Each utility must comply with each of the requirements of this paragraph upon the effective date of this rule except as provided in this subparagraph. A that utility requires additional time to upgrade its outage tracker or outage map to comply with one or more requirements of this paragraph must file an update in this project no later than five working days after the effective date of this rule identifying which requirements it is not capable of complying with, a brief explanation for why immediate compliance is infeasible, and a projected compliance date that is no later than June 1, 2025. A utility may delay compliance with any requirement described in a filing under this subparagraph until the earlier of its projected compliance date and June 1, 2025. (c) Definitions. The following words and terms, when used in this section, have the following meanings unless the context indicates otherwise. (1) Critical loads--Loads for which electric service is considered crucial for the protection or maintenance of public safety; including but not limited to hospitals, police stations, fire stations, critical water and wastewater facilities, and customers with special in-house life-sustaining equipment. (2) Critical natural gas facility--A facility designated as a critical customer by the Railroad Commission of Texas under §3.65(b) of this title (relating to Critical Designation of Natural Gas Infrastructure) unless the facility has obtained an exception from its critical status. Designation as a critical natural gas facility does not guarantee the uninterrupted supply of electricity. (3) Energy emergency--Any event that results in or has the potential to result in firm load shed required by the reliability coordinator of a power region in Texas.(4) Interruption classifications: (A) Forced--Interruptions, exclusive of major events, that result from conditions directly associated with a component requiring that it be taken out of service immediately, either automatically or manually, or an interruption caused by improper operation of equipment or human error. (B) Scheduled--Interruptions, exclusive of major events, that result when a component is deliberately taken out of service at a selected time for purposes of construction, preventative maintenance, or repair. If it is possible to defer an interruption, the interruption is considered a scheduled interruption. (C) Outside causes--Interruptions, exclusive of major events, that are caused by influences arising outside of the distribution system, such as generation, transmission, or substation outages. (D) Major events--Interruptions that result from a catastrophic event that exceeds the design limits of the electric power system, such as an earthquake or an extreme storm. These events must include situations where there is a loss of power to 10% or more of the customers in a region over a 24-hour period and with all customers not restored within 24 hours.(5) Interruption, momentary--Single operation of an interrupting device which results in a voltage zero and the immediate restoration of voltage. (6) Interruption, sustained--All interruptions not classified as momentary.(7) Interruption, significant--An interruption of any classification lasting one hour or more and affecting the entire system, a major division of the system, a community, a critical load, or service to interruptible customers; and a scheduled interruption lasting more than four hours that affects customers that are not notified in advance. A significant interruption includes a loss of service to 20% or more of the system's customers, or 20,000 customers for utilities serving more than 200,000 customers. A significant interruption also includes interruptions adversely affecting a community such as interruptions of governmental agencies, military bases, universities and schools, major retail centers, and major employers. (8) Reliability indices: (A) System Average Interruption Frequency Index (SAIFI)--The average number of times that a customer's service is interrupted. SAIFI is calculated by summing the number of customers interrupted for each event and dividing by the total number of customers on the system being indexed. A lower SAIFI value represents a higher level of service reliability. (B) System Average Interruption Duration Index (SAIDI)--The average amount of time a customer's service is interrupted during the reporting period. SAIDI is calculated by summing the restoration time for each interruption event times the number of customers interrupted for each event and dividing by the total number of customers. SAIDI is expressed in minutes or hours. A lower SAIDI value represents a higher level of service reliability. (d) Record of interruption. Each utility must keep complete records of sustained interruptions of all classifications. Where possible, each utility must keep a complete record of all momentary interruptions. These records must show the type of interruption, the cause for the interruption, the date and time of the interruption, the duration of the interruption, the number of customers interrupted, the substation identifier, and the transmission line or distribution feeder identifier. In cases of emergency interruptions, the remedy and steps taken to prevent recurrence must be recorded. Each utility must retain records of interruptions for five years. (e) Notice of significant interruptions. (1) Initial notice. A utility must notify the commission, in a method prescribed by the commission, as soon as reasonably possible after it has determined that a significant interruption has occurred. The initial notice must include the general location of the significant interruption, the approximate number of customers affected, the cause if known, the time of the event, and the estimated time of full restoration. The initial notice must also include the name and telephone number of the utility contact person and must indicate whether local authorities and media are aware of the event. If the duration of the significant interruption is greater than 24 hours, the utility must update this information daily and file a summary report. (2) Summary report. Within five working days after the end of a significant interruption lasting more than 24 hours, the utility must submit a summary report to the commission. The summary report must include the date and time of the significant interruption; the date and time of full restoration; the cause of the interruption, the location, substation and feeder identifiers of all affected facilities; the total number of customers affected; the dates, times, and numbers of customers affected by partial or step restoration; and the total number of customer-minutes of the significant interruption (sum of the interruption durations times the number of customers affected).(f) Priorities for power restoration to certain medical facilities. (1) A utility must give the same priority that it gives to a hospital in the utility's emergency operations plan for restoring power after an extended power outage, as defined by Texas Water Code, §13.1395, to the following: (A) An assisted living facility, as defined by Texas Health and Safety Code, §247.002; (B) A facility that provides hospice services, as defined by Texas Health and Safety Code, §142.001; (C) A nursing facility, as defined by Texas Health and Safety Code, §242.301; and(D) An end stage renal disease facility, as defined by Texas Health and Safety Code, §251.001. (2) The utility may use its discretion to prioritize power restoration for a facility after an extended power outage in accordance with the facility's needs and with the characteristics of the geographic area in which power must be restored. (g) System reliability. Reliability standards apply to each utility and are limited to the Texas jurisdiction. A \"reporting year\" is the 12-month period beginning January 1 and ending December 31 of each year. (1) System-wide standards. The standards must be unique to each utility based on the utility's performance and may be adjusted by the commission if appropriate for weather or improvements in data acquisition systems. The standards will be the average of the utility's performance from the later of reporting years 1998, 1999, and 2000, or the first three reporting years the utility is in operation. (A) SAIFI. Each utility must maintain and operate its electric distribution system so that its SAIFI value does not exceed its system-wide SAIFI standard by more than 5.0%. (B) SAIDI. Each utility must maintain and operate its electric distribution system so that its SAIDI value does not exceed its system-wide SAIDI standard by more than 5.0%. (2) Distribution feeder performance. The commission will evaluate the performance of distribution feeders with ten or more customers after each reporting year. Each utility must maintain and operate its distribution system so that no distribution feeder with ten or more customers sustains a SAIDI or SAIFI value for a reporting year that is more than 300% greater than the system average of all feeders during any two consecutive reporting years. (3) Enforcement. The commission may take appropriate enforcement action, including action against a utility, if the system and feeder performance is not operated and maintained in accordance with this subsection. In determining the appropriate enforcement action, the commission will consider: (A) the feeder's operation and maintenance history; (B) the cause of each interruption in the feeder's service; (C) any action taken by a utility to address the feeder's performance; (D) the estimated cost and benefit of remediating a feeder's performance; and (E) any other relevant factor as determined by the commission.(h) Critical natural gas facilities. In accordance with §3.65 of this title, critical natural gas standards apply to each facility in this state designated as a critical customer under §3.65 of this title. In this subsection, the term \"utility\" includes MOUs, electric cooperatives, and entities considered utilities under subsection (a) of this section. (1) Critical customer information. (A) In accordance with §3.65 of this title, the operator of a critical natural gas facility must provide critical customer information to the entities listed in clauses (i) and (ii) of this subparagraph. The critical customer information must be provided by email using Form CI-D and any attachments, as prescribed by the Railroad Commission of Texas. (i) The utility from which the critical natural gas facility receives electric delivery service; and(ii) For critical natural gas facilities located in the ERCOT region, the independent organization certified under PURA §39.151. (B) The commission will maintain on its website a list of utility email addresses to be used for the provision of critical customer information under subparagraph (A) of this paragraph. Each utility must ensure that the email address listed on the commission's website is accurate. If the utility's email address changes or is inaccurate, the utility must provide the commission with an updated email address within five business days of the change or of becoming aware of the inaccuracy. (C) Within ten business days of receipt, the utility must evaluate the critical customer information for completeness and provide written notice to the operator of the critical natural gas facility regarding the status of its critical natural gas designation.(i) If the information submitted is incomplete, the utility's notice must specify what additional information is required and provide a deadline for response that is no sooner than five business days from when the critical natural gas facility receives the written notice. If the utility does not receive the additional information in a timely fashion, the utility may use its discretion to determine if it is possible to treat the natural gas facility as critical for load shed and power restoration purposes. (ii) If the information submitted is complete, the utility's notice must notify the operator of the facility's critical natural gas status, the date of its designation, any additional classifications assigned to the facility by the utility, and notice that its critical status does not constitute a guarantee of an uninterrupted supply of energy.(iii) A utility must provide an additional notice to the operator of the critical natural gas facility regarding any changes to the information provided in the notice required under clause (i) of this subparagraph. Notice must be provided within ten business days of the effective date of the change. (D) A utility or an independent system operator receiving or sending critical customer information regarding a critical natural gas facility under this subsection must not release critical customer information to any person unless authorized by the commission or the operator of the critical natural gas facility. This prohibition does not apply to the release of such information to the commission, the Railroad Commission of Texas, the utility from which the critical natural gas facility receives electric delivery service, the designated transmission operator, or the independent system operator or reliability coordinator for the power region in which the critical natural gas facility is located. This prohibition also does not apply if the critical customer information is redacted, aggregated, or organized in such a way as to make it impossible to identify the critical natural gas facility to which the information applies. (2) Prioritization of critical natural gas facilities. A critical natural gas facility is a critical load during an energy emergency. A utility must incorporate critical natural gas facilities into its load-shed and restoration planning. For purposes of this paragraph, a utility may also treat a natural gas facility that self-designated as critical using the Application for Critical Load Serving Electric Generation and Cogeneration form as a critical natural gas facility, as circumstances require. (A) A utility must prioritize critical natural gas facilities for continued power delivery during an energy emergency. (B) A utility may use its discretion to prioritize power delivery and power restoration among critical natural gas facilities and other critical loads on its system, as circumstances require.(C) A utility must consider any additional guidance or prioritization criteria provided by the commission, the Railroad Commission of Texas, or the reliability coordinator for its power region to prioritize among critical natural gas facilities and other critical loads during an energy emergency.(D) Compliance with directives of a regional transmission organization having authority over a utility outside of the ERCOT power region will be deemed compliance for that utility.", "sourceNote": "Source Note: The provisions of this §25.52 adopted\r\nto be effective December 6, 1998, 23 TexReg 11921; amended to be effective\r\nDecember 29, 1999, 24 TexReg 11712; amended to be effective January\r\n7, 2010, 35 TexReg 88; amended to be effective November 6, 2012, 37\r\nTexReg 8796; amended to be effective December 20, 2021, 46 TexReg\r\n8706; amended to be effective March 5, 2025, 50 TexReg 1663." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227105", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.53", "label": "Electric Service Emergency Operations Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166821", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to an electric utility, transmission and distribution utility, power generation company (PGC), municipally owned utility, electric cooperative, and retail electric provider (REP), and to the Electric Reliability Council of Texas (ERCOT).(b) Definitions.(1) Annex--a section of an emergency operations plan that addresses how an entity plans to respond in an emergency involving a specified type of hazard or threat.(2) Drill--an operations-based exercise that is a coordinated, supervised activity employed to test an entity's EOP or a portion of an entity's EOP. A drill may be used to develop or test new policies or procedures or to practice and maintain current skills.(3) Emergency--a situation in which the known, potential consequences of a hazard or threat are sufficiently imminent and severe that an entity should take prompt action to prepare for and reduce the impact of harm that may result from the hazard or threat. The term includes an emergency declared by local, state, or federal government, or ERCOT or another reliability coordinator designated by the North American Electric Reliability Corporation and that is applicable to the entity.(4) Entity--an electric utility, transmission and distribution utility, PGC, municipally owned utility, electric cooperative, REP, or ERCOT.(5) Hazard--a natural, technological, or human-caused condition that is potentially dangerous or harmful to life, information, operations, the environment, or property, including a condition that is potentially harmful to the continuity of electric service.(6) Threat--the intention and capability of an individual or organization to harm life, information, operations, the environment, or property, including harm to the continuity of electric service.(c) Filing requirements. (1) Except as provided by paragraph (3) of this subsection, an entity must file an emergency operations plan (EOP) and executive summary under this section by March 15 of every calendar year. Each individual entity is responsible for compliance with the requirements of this section. An entity filing a joint EOP or other joint document under this section on behalf of one or more entities over which it has control is jointly responsible for each entity's compliance with the requirements of this section.(A) An entity must file with the commission:(i) an executive summary that:(I) describes the contents and policies contained in the EOP;(II) includes a reference to specific sections and page numbers of the entity's EOP that correspond with the requirements of this rule; (III) includes a comprehensive list of affiliated generation assets and facilities for PGCs that are included in the EOP including changes in facilities from the previous year such as sale of assets, relinquishments, and name changes; (IV) includes the record of distribution required under paragraph (4)(A) of this subsection; (V) contains the affidavit required under paragraph (4)(C) of this subsection; and(VI) follows the executive summary template posted on PUCT website.(ii) a complete copy of the EOP with all confidential portions removed.(B) For an entity with operations within the ERCOT region, the entity must submit its unredacted EOP in its entirety to ERCOT.(C) ERCOT must designate an unredacted EOP submitted by an entity as Protected Information under the ERCOT Protocols.(D) An entity must make its unredacted EOP available in its entirety to commission staff on request through an encrypted electronic method designated by commission staff, such as a secure file sharing method selected by an entity in consultation with commission staff.(E) An entity may file a joint EOP on behalf of itself and one or more other entities over which it has control provided that:(i) the executive summary required under subparagraph (A)(i) of this paragraph identifies which sections of the joint EOP apply to each entity; and(ii) the joint EOP satisfies the requirements of this section for each entity as if each entity had filed a separate EOP.(F) An entity filing a joint EOP under subparagraph (E) of this paragraph may also jointly file one or more of the documents required under paragraph (4) of this subsection provided that each joint document satisfies the requirements for each entity to which the document applies.(G) An entity that is required to file similar annexes for different facility types under subsection (e) of this section, such as a pandemic annex for both generation facilities and transmission and distribution facilities, may file a single combined annex addressing the requirement for multiple facility types. The combined annex must conspicuously identify the facilities to which it applies.(2) A person seeking registration as a PGC or certification as a REP must meet the filing requirements under paragraph (1)(A) of this subsection at the time it applies for registration or certification with the commission and must submit the EOP to ERCOT if it will operate in the ERCOT region, no later than ten days after the commission approves the person's registration or certification.(3) An entity must continuously maintain its EOP in between the annual updates required under this paragraph. No later than March 15 of each calendar year, an entity that has previously filed an EOP must submit an update in accordance with the provisions of this paragraph, except that an entity must file its EOP in full in accordance with paragraph (1) of this subsection at least once every three calendar years. (A) An entity that in the previous calendar year made a change to its EOP that materially affects how the entity would respond to an emergency must:(i) file with the commission an executive summary that:(I) describes the changes to the contents or policies contained in the EOP;(II) includes an updated reference to specific sections and page numbers of the entity's EOP that correspond with the requirements of this rule; (III) includes a comprehensive list of affiliated generation assets and facilities for PGCs that are included in the EOP including changes in facilities from the previous year such as sale of assets, relinquishments, and name changes;(IV) includes the record of distribution required under paragraph (4)(A) of this subsection; (V) contains the affidavit required under paragraph (4)(C) of this section; and(VI) follows the executive summary template posted on PUCT website.(ii) file with the commission a complete, revised copy of the EOP with all confidential portions removed; and(iii) submit to ERCOT its revised unredacted EOP in its entirety if the entity operates within the ERCOT region.(B) An entity that in the previous calendar year did not make a change to its EOP that materially affects how the entity would respond to an emergency must file with the commission:(i) a pleading that documents any changes to the list of emergency contacts as provided under paragraph (4)(B) of this subsection; (ii) an attestation from the entity's highest-ranking representative, official, or officer with binding authority over the entity stating the entity did not make a change to its EOP that materially affects how the entity would respond to an emergency; and(iii) the affidavit described under paragraph (4)(C) of this subsection.(C) An entity must update its EOP or other documents required under this section if commission staff determines that the entity's EOP or other documents do not contain sufficient information to determine whether the entity can provide adequate electric service through an emergency. If directed by commission staff, the entity must file its revised EOP or other documentation, or a portion thereof, with the commission and, for entities with operations in the ERCOT region, with ERCOT. (D) ERCOT must designate any revised unredacted EOP submitted by an entity as Protected Information under the ERCOT Protocols. (E) An entity must make a revised unredacted EOP available in its entirety to commission staff on request through an encrypted electronic method designated by commission staff, such as a secure file sharing method selected by an entity in consultation with commission staff.(F) The requirements for joint and combined filings under paragraph (1) of this subsection apply to revised joint and revised combined filings under this paragraph.(4) In accordance with the deadlines prescribed by paragraphs (1) and (3) of this subsection, an entity must also file with the commission the following documents:(A) A record of distribution that contains the following information in table format:(i) titles and names of persons in the entity's organization receiving access to and training on the EOP; and(ii) dates of access to or training on the EOP, as appropriate.(B) A list of primary and, if possible, backup emergency contacts for the entity, including identification of specific individuals who can immediately address urgent requests and questions from the commission during an emergency.(C) An affidavit from the entity's highest-ranking representative, official, or officer with binding authority over the entity affirming the following:(i) relevant operating personnel are familiar with and have received training on the applicable contents and execution of the EOP, and such personnel are instructed to follow the applicable portions of the EOP except to the extent deviations are appropriate as a result of specific circumstances during the course of an emergency;(ii) the EOP has been reviewed and approved by the appropriate executives;(iii) drills have been conducted to the extent required by subsection (f) of this section;(iv) the EOP or an appropriate summary has been distributed to local jurisdictions as needed;(v) the entity maintains a business continuity plan that addresses returning to normal operations after disruptions caused by an incident; and(vi) the entity's emergency management personnel who are designated to interact with local, state, and federal emergency management officials during emergency events have received the latest IS-100, IS-200, IS-700, and IS-800 National Incident Management System training.(5) Notwithstanding the other requirements of this subsection, ERCOT must maintain its own current EOP in its entirety, consistent with the requirements of this section and available for review by commission staff.(d) Information to be included in the emergency operations plan. An entity's EOP must address both common operational functions that are relevant across emergency types and annexes that outline the entity's response to specific types of emergencies, including those listed in subsection (e) of this section. An EOP may consist of one or multiple documents. Each entity's EOP must include the information identified below, as applicable. If a provision in this section does not apply to an entity, the entity must include in its EOP an explanation of why the provision does not apply.(1) An approval and implementation section that:(A) introduces the EOP and outlines its applicability;(B) lists the individuals responsible for maintaining and implementing the EOP, and those who can change the EOP; (C) provides a revision control summary that lists the dates of each change made to the EOP since the initial EOP filing pursuant to paragraph (1) of this subsection;(D) provides a dated statement that the current EOP supersedes previous EOPs; and(E) states the date the EOP was most recently approved by the entity.(2) A communication plan.(A) An entity with transmission or distribution service operations must describe the procedures during an emergency for handling complaints and for communicating with the public; the media; customers; the commission; the Office of Public Utility Counsel (OPUC); local and state governmental entities, officials, and emergency operations centers, as appropriate in the circumstances for the entity; the reliability coordinator for its power region; and critical load customers directly served by the entity.(B) An entity with generation operations must describe the procedures during an emergency for communicating with the media; the commission; OPUC; fuel suppliers; local and state governmental entities, officials, and emergency operations centers, as appropriate in the circumstances for the entity; and the applicable reliability coordinator.(C) A REP must describe the procedures for communicating during an emergency with the public, media, customers, the commission, and OPUC, and the procedures for handling complaints during an emergency. (D) ERCOT must describe the procedures for communicating, in advance of and during an emergency, with the public, the media, the commission, OPUC, governmental entities and officials, the state emergency operations center, and market participants.(3) A plan to maintain pre-identified supplies for emergency response.(4) A plan that addresses staffing during emergency response.(5) A plan that addresses how an entity identifies weather-related hazards, including tornadoes, hurricanes, extreme cold weather, extreme hot weather, drought, and flooding, and the process the entity follows to activate the EOP.(6) Each relevant annex presented in its full and comprehensive version, as detailed in subsection (e) of this section and other annexes applicable to an entity. (e) Annexes to be included in the emergency operations plan. (1) An electric utility, a transmission and distribution utility, a municipally owned utility, and an electric cooperative must include in its EOP for its transmission and distribution facilities the following annexes:(A) A weather emergency annex that includes:(i) operational plans for responding to a cold or hot weather emergency, distinct from the weather preparations required under §25.55 of this title (relating to Weather Emergency Preparedness); and(ii) a checklist for transmission or distribution facility personnel to use during cold or hot weather emergency response that includes lessons learned from past weather emergencies to ensure necessary supplies and personnel are available through the weather emergency;(B) A load shed annex that must include:(i) procedures for controlled shedding of load;(ii) priorities for restoring shed load to service; and(iii) a procedure for maintaining an accurate registry of critical load customers, as defined under 16 TAC §25.5(22) of this title (relating to Definitions), §25.52(c)(1) and (2) of this title (relating to Reliability and Continuity of Service) and §25.497 of this title (relating to Critical Load Industrial Customers, Critical Load Public Safety Customers, Critical Care Residential Customers, and Chronic Condition Residential Customers), and TWC §13.1396 (relating to Coordination of Emergency Operations), directly served, if maintained by the entity. The registry must be updated as necessary but, at a minimum, annually. The procedure must include the processes for providing assistance to critical load customers in the event of an unplanned outage, for communicating with critical load customers during an emergency, coordinating with government and service agencies as necessary during an emergency, and for training staff with respect to serving critical load customers;(C) A pandemic and epidemic annex;(D) A wildfire annex;(E) A hurricane annex that includes evacuation and re-entry procedures if facilities are located within a hurricane evacuation zone, as defined by the Texas Division of Emergency Management (TDEM);(F) A cyber security annex;(G) A physical security incident annex; (H) A flood annex; and(I) Any additional annexes as needed or appropriate to the entity's particular circumstances.(2) A transmission and distribution utility that leases or operates facilities under PURA §39.918(b)(1) or procures, owns, and operates facilities under PURA §39.918(b)(2) must include an annex that details its plan for the use of those facilities.(3) A PGC or an electric cooperative, an electric utility, or a municipally owned utility that operates a generation resource in Texas must include the following annexes for its generation resources: (A) A weather emergency annex that includes:(i) operational plans for responding to a cold or hot weather emergency, distinct from the weather preparations required under §25.55 of this title;(ii) verification of the adequacy and operability of fuel switching equipment, if installed; and(iii) a checklist for generation resource personnel to use during a cold or hot weather emergency response that includes lessons learned from past weather emergencies to ensure necessary supplies and personnel are available through the weather emergency;(B) A water shortage annex that addresses supply shortages of water used in the generation of electricity;(C) A restoration of service annex that identifies plans intended to restore to service a generation resource that failed to start or that tripped offline due to a hazard or threat;(D) A pandemic and epidemic annex;(E) A hurricane annex that includes evacuation and re-entry procedures if facilities are located within a hurricane evacuation zone, as defined by TDEM;(F) A cyber security annex;(G) A physical security incident annex; (H) A flood annex; and(I) Any additional annexes as needed or appropriate to the entity's particular circumstances.(4) A REP must include in its EOP the following annexes:(A) A pandemic and epidemic annex;(B) A hurricane annex that includes evacuation and re-entry procedures if facilities are located within a hurricane evacuation zone, as defined by TDEM;(C) A cyber security annex;(D) A physical security incident annex; and(E) Any additional annexes as needed or appropriate to the entity's particular circumstances.(5) ERCOT must include the following annexes:(A) A pandemic and epidemic annex;(B) A weather emergency annex that addresses ERCOT's plans to ensure continuous market and grid management operations during weather emergencies, such as tornadoes, wildfires, extreme cold weather, extreme hot weather, and flooding;(C) A hurricane annex that includes evacuation and re-entry procedures if facilities are located within a hurricane evacuation zone, as defined by TDEM;(D) A cyber security annex;(E) A physical security incident annex; and(F) Any additional annexes as needed or appropriate to ERCOT's particular circumstances.(f) Drills. An entity must conduct or participate in at least one drill each calendar year to test its EOP. Following an annual drill the entity must assess the effectiveness of its emergency response and revise its EOP as needed. If the entity operates in a hurricane evacuation zone as defined by TDEM, at least one of the annual drills must include a test of its hurricane annex. An entity conducting an annual drill must, at least 30 days prior to the date of at least one drill each calendar year, notify commission staff, using the method and form prescribed by commission staff on the commission's website, and the appropriate TDEM District Coordinators, by email or other written form, of the date, time, and location of the drill. An entity that has activated its EOP in response to an emergency is not required, under this subsection, to conduct or participate in a drill in the calendar year in which the EOP was activated.(g) Reporting requirements. Upon request by commission staff during an activation of the State Operations Center by TDEM, an affected entity must provide updates on the status of operations, outages, and restoration efforts. Updates must continue until all incident-related outages of customers able to take service are restored or unless otherwise notified by commission staff. After an emergency, commission staff may require an affected entity to provide an after action or lessons learned report and file it with the commission by a date specified by commission staff.", "sourceNote": "Source Note: The provisions of this §25.53 adopted to be\r\neffective March 20, 2022, 47 TexReg 1240; amended to be effective\r\nJanuary 1, 2026, 50 TexReg 8604." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166821", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.54", "label": "Cease And Desist Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210413", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section is applicable to electric utilities, transmission and distribution utilities, power generation companies, retail electric providers, municipally owned utilities, electric cooperatives, the independent system operator, and any other person regulated under the Public Utility Regulatory Act (PURA) Subtitle B, collectively referred to as \"market participants,\" and shall refer to the definitions provided in PURA §11.003 and §31.002.(b) Authority to issue order. The commission or the executive director, who has been authorized pursuant to subsection (c) of this section, may issue a cease and desist order if the commission or executive director determines that the alleged conduct of a market participant meets one or more of the following conditions:(1) The conduct poses a threat to continuous and adequate electric service;(2) The conduct is hazardous;(3) The conduct creates an immediate danger to the public safety; or(4) The conduct is causing or can be reasonably expected to cause an immediate injury to a customer of electric services and that the injury is incapable of being repaired or rectified by monetary compensation.(c) Delegation of authority. The commission may delegate the authority to issue a cease and desist order to the executive director. The authority to issue a cease and desist order shall be delegated at an open meeting and may remain in effect for up to two years.(d) Procedure. The commission must provide notice and opportunity for a hearing before issuing a cease and desist order if such notice is practicable. If such notice is not practicable, the commission may issue a cease and desist order without providing notice and opportunity for a hearing.(1) If notice and opportunity for a hearing is practicable. If notice and opportunity for a hearing is practicable, the commission shall follow these procedures:(A) Notice and Opportunity for Hearing. The commission shall provide notice and opportunity for hearing pursuant to Chapter 2001, Texas Government Code. The notice shall include a description of the violation(s) of PURA or this chapter that the market participant's conduct is alleged to violate and specific facts that support each allegation as reasonably believed by commission staff and a proposed order that contains a statement of the charges. Notice of a proposed order shall be given not later than the 10th day before the date set for a hearing.(B) Hearing. A hearing on a cease and desist order is a contested case under Chapter 2001, Texas Government Code. The commission may hold a hearing on a cease and desist order or may refer the case to be heard by the State Office of Administrative Hearings.(C) Service of Cease and Desist Order. If, after notice and opportunity for a hearing, the commission issues a cease and desist order, then the commission shall serve the cease and desist order by registered or certified mail, return receipt requested, to the market participant's last known address. A cease and desist order is effective upon the earlier of receipt of actual notice or three days after the order is mailed.(D) Content of Cease and Desist Order. A cease and desist order shall be served upon the market participant affected by that order and shall:(i) Contain a statement of the charges and a description of the alleged violation(s) of PURA or this chapter that the market participant's conduct has been found to have violated and specific facts that support each violation; and(ii) Require the market participant immediately to cease and desist from the acts, methods, or practices stated in the order.(2) Notice and opportunity for a hearing not practicable. If notice and opportunity for a hearing is not practicable, the commission shall follow these procedures:(A) Contents of order. A cease and desist order shall be served upon the market participant affected by that order and shall:(i) Contain a statement of the charges and a description of the alleged violation(s) of PURA or this chapter that the market participant's conduct has been found to have violated and specific facts that support each violation as reasonably believed by commission staff;(ii) Require the market participant immediately to cease and desist from the acts, methods, or practices stated in the order;(iii) Notify the market participant that a request for a hearing to affirm, modify, or set aside the order must be submitted not later than the 30th day after the date the market participant receives the order; and(iv) Contain a statement indicating that notice and an opportunity for a hearing was not practicable and state the specific reasons why notice and an opportunity for a hearing was not practicable.(B) Service. Chapter 2001, Texas Government Code, does not apply to the issuance of a cease and desist order issued by the commission when notice and an opportunity for a hearing is not practicable.(i) The commission shall serve the cease and desist order by registered or certified mail, return receipt requested, to the market participant's last known address.(ii) A cease and desist order is effective upon the earlier of receipt of actual notice or three days after the order is mailed.(C) Hearing Requested. The market participant affected by the cease and desist order may request a hearing to affirm, modify, or set aside the order. A request must be submitted not later than the 30th day after the date the market participant receives the order.(i) If the market participant affected by a cease and desist order requests a hearing, the commission shall set the hearing date not later than the 10th day after the date the commission receives a request for a hearing or agreed to by the market participant and the commission.(I) A hearing conducted after the issuance of a cease and desist order is a contested case under Chapter 2001, Texas Government Code. The commission may hold a hearing on a cease and desist order or may refer the case to be heard by the State Office of Administrative Hearings.(II) Pending a hearing on a cease and desist order, the cease and desist order continues in effect unless stayed by the commission.(III) At or following the hearing, the commission shall wholly or partly affirm, modify, or set aside the cease and desist order.(ii) If the market participant affected by a cease and desist order does not request a hearing and the commission does not hold a hearing on the order, the order is affirmed without further action by the commission.", "sourceNote": "Source Note: The provisions of this §25.54 adopted to be effective April 17, 2014, 39 TexReg 2847." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210413", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.55", "label": "Weather Emergency Preparedness" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227655", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to the Electric Reliability Council of Texas, Inc. (ERCOT) and to generation entities and transmission service providers (TSPs) in the ERCOT power region.(1) A generation resource with an ERCOT-approved notice of suspension of operations for the summer season or winter season is not required to comply with this section until the return to service date identified in its notice of change of generation resource designation required under the ERCOT protocols.(2) A new or repowered resource scheduled to begin commercial operations during the summer season or winter season or a transmission facility scheduled for initial energization during the summer season or winter season must meet the requirements of this section prior to either the commissioning date established in the ERCOT interconnection process for generation resources or initial energization for transmission facilities, as applicable.(b) Definitions. In this section, the following definitions apply unless the context indicates otherwise.(1) Energy storage resource--An energy storage system registered with ERCOT as an energy storage resource for the purpose of providing energy or ancillary services to the ERCOT grid and associated facilities controlled by the generation entity that are behind the system's point of interconnection, necessary for the operation of the system, and not part of a manufacturing process that is separate from the generation of electricity.(2) Generation entity--An ERCOT-registered resource entity acting on behalf of an ERCOT-registered generation resource or energy storage resource.(3) Generation resource--A generator registered with ERCOT as a generation resource and capable of providing energy or ancillary services to the ERCOT grid, as well as associated facilities controlled by the generation entity that are behind the generator's point of interconnection, necessary for the operation of the generator, and not part of a manufacturing process that is separate from the generation of electricity.(4) Inspection--Activities that ERCOT employees, commission staff, and designated contractors engage in to determine whether a generation entity is in compliance with all or parts of subsection (c) of this section or whether a TSP is in compliance with all or parts of subsection (f) of this section. An inspection may include site visits, assessments of procedures, interviews, and review of information provided by a generation entity or TSP in response to a request by ERCOT, including review of evaluations conducted by the generation entity or TSP or its contractor.(5) Major weather-related forced interruption of service of a resource -(A) The failure of a resource to start, following one or more attempts, for 12 or more continuous hours as a result of a weather emergency; or(B) The loss of 50% or more of the capacity reflected in a resource's seasonal net maximum sustainable rating for 12 or more continuous hours as a result of a weather emergency.(6) Major weather-related forced interruption of service of a transmission facility--A non-momentary transmission service outage caused by damage to, or the inoperability of, a transmission facility as a result of a weather emergency.(7) Repeated weather-related forced interruption of service--Three or more of any combination of the following occurrences as a result of separate weather emergencies within any three-year period:(A) The failure of a resource to start;(B) The loss of 50% or more of the capacity reflected in a resource's seasonal net maximum sustainable rating for 30 minutes or more; or(C) The loss or derate of 50% or more of a transmission facility's rating.(8) Resource--A generation resource or energy storage resource.(9) Summer season--June 1 to September 30 each year.(10) Transmission facility--A transmission-voltage element inside the fence surrounding a TSP's high-voltage switching station or substation owned or operated by the TSP.(11) Weather critical component--Any component of a resource or transmission facility that is susceptible to fail as a result of a weather emergency, the occurrence of which failure is likely to significantly hinder the ability of the resource or transmission facility to function as intended or, for a resource, is likely to lead to a trip, derate of more than five percent of the capacity represented in the resource's seasonal net maximum sustainable rating or of the transmission facility's rating, or failure to start.(12) Weather emergency--A situation resulting from a summer or winter weather event that produces significant risk for a TSP that firm load must be shed or a situation for which ERCOT issues an Emergency Notice to market participants involving an operating condition in which the safety or reliability of the ERCOT system is compromised or threatened by summer or winter weather.(13) Weather emergency preparation measures--Measures that a generation entity or TSP takes to support the function of a resource or transmission facility during a weather emergency.(14) Winter season--December 1 to February 28 of the following year.(c) Weather emergency preparedness reliability standards for a generation entity.(1) Winter season preparations. By December 1 each year, a generation entity must complete the following winter weather emergency preparation measures for each resource under its control. A generation entity must maintain these measures throughout the winter season and complete any ongoing or monthly requirements at the appropriate time. If necessary to come into compliance, a generation entity must update its winter weather emergency preparation measures no later than one year after ERCOT files a historical weather study report under subsection (i) of this section.(A) Implement weather emergency preparation measures that could reasonably be expected to ensure the sustained operation of all cold weather critical components during winter weather conditions. Where appropriate, such measures may be implemented using either personnel or automated systems. Such measures include, as appropriate for the resource:(i) Installation and maintenance of adequate wind breaks for resources susceptible to outages or derates caused by wind;(ii) Installation and maintenance of insulation and enclosures for all cold weather critical components;(iii) Inspection of existing thermal insulation and associated forms of water-proofing for damage or degradation, and repair of damaged or degraded insulation and associated forms of water-proofing;(iv) Arrange and provide for the availability and appropriate safekeeping of sufficient chemicals, auxiliary fuels, and other materials necessary for sustained operations during a winter weather emergency;(v) Plan for and maintain the operability of instrument air moisture prevention systems;(vi) Maintenance of freeze protection equipment for all cold weather critical components, including fuel delivery systems controlled by the generation entity, and testing or verifying the functionality of freeze protection equipment prior to and on a monthly basis during the winter season; and(vii) Monitoring of all cold weather critical components, including circuitry that provides freeze protection or prevents instrument air moisture;(B) Beginning in 2023, implement weather emergency preparation measures by December 1 each year, in addition to the weather emergency preparation measures required by subparagraph (A) of this paragraph, that could reasonably be expected to ensure sustained operation of the resource at the 95th percentile minimum average 72-hour wind chill temperature reported in ERCOT's historical weather study, required under subsection (i) of this section, for the weather zone in which the resource is located.(C) Review the adequacy of staffing plans to be used during a winter weather emergency and revise the staffing plans, as appropriate.(D) Train relevant operational personnel on winter weather preparations and operations.(E) Beginning in 2023, create a list of all cold weather critical components, review the list at least annually prior to the beginning of the winter season, and update the list as necessary.(2) Summer season preparations. By June 1 each year, a generation entity must complete the following summer weather emergency preparation measures for each resource under its control. A generation entity must maintain these measures throughout the summer season and complete any ongoing or monthly requirements at the appropriate time. If necessary to come into compliance, a generation entity must update its summer weather emergency preparation measures no later than one year after ERCOT files a historical weather study report under subsection (i) of this section.(A) Implement weather emergency preparation measures that could reasonably be expected to ensure the sustained operation of all hot weather critical components during summer weather conditions. Where appropriate, such measures may be implemented using either personnel or automated systems. Such measures include, as appropriate for the resource:(i) Identification of regulatory and legal limitations of cooling capacity, water withdrawal, maximum discharge temperatures, and rights for additional water supply;(ii) Arrange and plan for the provision and storage of adequate water supplies for cooling towers, reservoirs, heat exchangers, and adequate cooling capacity of the water supplies used in the cooling towers, reservoirs, and heat exchangers;(iii) Arrange and plan for the provision and storage of availability and appropriate safekeeping of adequate equipment to remove heat and moisture from all hot weather critical components;(iv) Arrange and provide for the availability of sufficient chemicals, coolants, auxiliary fuels, and other materials necessary for sustained operations during a summer weather emergency;(v) Maintenance of all hot weather critical components, including air flow or cooling systems, and verifying the functionality of all components prior to and on a monthly basis during the summer season; and(vi) Monitoring of all hot weather critical components.(B) Beginning in 2023, implement weather emergency preparation measures by June 1 each year, in addition to the weather emergency preparation measures required by subparagraph (A) of this paragraph, that could reasonably be expected to ensure sustained operation of the resource during the greater of the maximum ambient temperature at which the resource has experienced sustained operations or the 95th percentile maximum average 72-hour temperature reported in ERCOT's historical weather study, required under subsection (i) of this section, for the weather zone in which the resource is located.(C) Review the adequacy of staffing plans to be used during a summer weather emergency and revise the staffing plans, as appropriate.(D) Train relevant operational personnel on summer weather preparations and operations.(E) Beginning in 2023, create a list of all hot weather critical components, review the list at least annually prior to the beginning of the summer season, and update the list as necessary.(3) Declaration of preparedness. A generation entity must submit to ERCOT, on a form prescribed by ERCOT, the following declarations of weather preparedness:(A) No earlier than November 1 and no later than December 1 of each year, a generation entity must submit a declaration of winter weather preparedness for the upcoming winter season that:(i) Identifies every resource under the entity's control for which the declaration is being submitted;(ii) Summarizes all activities engaged in by the generation entity to complete the requirements of paragraph (1) of this subsection;(iii) Provides the minimum ambient temperature at which each resource has experienced sustained operations, as measured at the resource site or the weather station nearest to the resource site;(iv) Includes any additional information required by the ERCOT protocols in effect as of October 1 of the year in which the declaration is submitted; and(v) Includes a notarized attestation sworn to by the generation entity's highest-ranking representative, official, or officer with binding authority over the generation entity attesting to the completion of all applicable activities described in paragraph (1) of this subsection, and to the accuracy and veracity of the information described in subparagraph (A) of this paragraph.(B) No earlier than May 1 and no later than June 1 of each year, a generation entity must submit a declaration of summer weather preparedness for the upcoming summer season that at a minimum:(i) Identifies every resource under the generation entity's control for which the declaration is being submitted;(ii) Summarizes all activities engaged in by the generation entity to complete the requirements of paragraph (2) of this subsection;(iii) Provides the maximum ambient temperature at which each resource has experienced sustained operations, as measured at the resource site or the weather station nearest to the resource site;(iv) Includes any additional information required by the ERCOT protocols in effect as of April 1 of the year in which the declaration is submitted; and(v) Includes a notarized attestation sworn to by the generation entity's highest-ranking representative, official, or officer with binding authority over the generation entity attesting to the completion of all applicable activities described in paragraph (2) of this subsection, and to the accuracy and veracity of the information described in this subparagraph.(C) A generation entity must submit the appropriate declaration of preparedness to ERCOT prior to returning a mothballed, outaged, or decommissioned resource to service during the winter or summer season. For any new or repowered resource, a generation entity must submit the appropriate declaration of preparedness prior to the resource commissioning date established in the ERCOT interconnection process for resources.(4) No later than December 20 of each year, ERCOT must file with the commission a compliance report that addresses whether each generation entity has submitted the declaration of winter weather preparedness required by paragraph (3)(A) of this subsection for each resource under the generation entity's control.(5) No later than June 20 of each year, ERCOT must file with the commission a compliance report that addresses whether each generation entity has submitted the declaration of summer weather preparedness required by paragraph (3)(B) of this subsection for each resource under the generation entity's control.(6) ERCOT will treat declarations of preparedness and associated information submitted by a generation entity as Protected Information as defined by the ERCOT protocols(d) ERCOT inspection of resources.(1) ERCOT must conduct inspections of resources and may prioritize inspections based on factors such as whether a resource is critical for electric grid reliability; the length of time since the resource was last inspected; has experienced a forced outage, forced derate, or failure to start related to weather emergency conditions; or has other vulnerabilities related to weather emergency conditions. ERCOT must determine, in consultation with commission staff, the number, extent, and content of inspections, provided that every resource interconnected to the ERCOT power region must be inspected at least once every three years. ERCOT must develop, in consultation with commission staff, a winter weather inspection checklist and a summer weather inspection checklist for use during resource inspections. Inspections may be conducted by ERCOT's employees or contractors.(A) ERCOT must provide each generation entity at least 72 hours' written notice of an inspection unless otherwise agreed by the generation entity and ERCOT. The written notice must identify each ERCOT employee, commission staff member, or designated contractor participating in the inspection. Within 24 hours of receiving notice of inspection, a generation entity must provide ERCOT, commission staff, and designated contractors all generation entity requirements for facility access. Upon provision of the required written notice, a generation entity must grant access to its facility to ERCOT and to commission staff, including an employee of a contractor designated by ERCOT or the commission to conduct, oversee, or observe the inspection.(B) During the inspection, a generation entity must provide ERCOT, commission staff, or designated contractors access to any part of the facility upon request. ERCOT, commission staff, and designated contractors must comply with all applicable safety and security regulations, including those maintained by the generation entity, during the inspection. A generation entity must provide access to inspection, maintenance, and other records associated with weather emergency preparation measures and must make the generation entity's staff available to answer questions. A generation entity may escort ERCOT, commission staff, and designated contractors at all times during an inspection. During the inspection, ERCOT, commission staff, or designated contractors may take photographs or video recordings of any part of the facility except control rooms and may conduct interviews of facility personnel designated by the generation entity. Documents, photographs, and video recordings collected or generated by ERCOT, commission staff, or designated contractors during or related to the inspection will be treated as confidential information under applicable state or federal laws and regulations.(2) ERCOT inspection report.(A) ERCOT must provide a written report on its inspection of a resource to the generation entity. The written inspection report must address whether the generation entity has complied with the requirements in subsection (c)(1) or (2) of this section.(B) If the generation entity has not complied with a requirement in subsection (c)(1) or (2) of this section, ERCOT must provide the generation entity a reasonable period to cure the identified deficiencies.(i) The cure period determined by ERCOT must consider what weather emergency preparation measures the generation entity may be reasonably expected to have taken before ERCOT's inspection, the reliability risk of the resource's noncompliance, and the complexity of the measures needed to cure the deficiency.(ii) The generation entity may request ERCOT provide a longer period to cure the identified deficiencies. The request must be accompanied by documentation that supports the request.(iii) ERCOT, in consultation with commission staff, will determine the revised cure period after considering a request for a longer period to cure the identified deficiencies.(C) ERCOT must report to commission staff any generation entity that does not remedy the deficiencies identified under subparagraph (A) of this paragraph within the cure period determined by ERCOT under subparagraph (B) of this paragraph.(D) A generation entity reported by ERCOT to commission staff under subparagraph (C) of this paragraph will be subject to enforcement investigation under §22.246 of this title (relating to Administrative Penalties). A violation of this section is a Class A violation under §25.8(b)(3)(A) of this title (relating to Classification System for Violations of Statutes, Rules, and Orders Applicable to Electric Service Providers) and may be subject to a penalty not to exceed $1,000,000 per violation per day.(e) Weather-related failures by a generation entity to provide service. ERCOT must notify a generation entity and commission staff of the generation entity's repeated or major weather-related forced interruption of service. Upon notification from ERCOT, the generation entity must contract with a qualified professional engineer to assess its weather emergency preparation measures, plans, procedures, and operations. The qualified professional engineer must not be an employee of the generation entity or its affiliate. The qualified professional engineer must not have participated in previous assessments for the resource for at least five years, unless the generation entity provides documentation that no other qualified professional engineers are reasonably available for engagement. The qualified professional engineer must conduct a root cause analysis of the failure and develop a corrective action plan to address any weather-related causes of the failure. The generation entity must submit the qualified professional engineer's assessment to the commission and ERCOT within 15 calendar days of receiving the assessment. A generation entity to which this subsection applies may be subject to additional inspections by ERCOT. ERCOT must refer to commission staff for investigation any generation entity that does not comply with a provision of this subsection.(f) Weather emergency preparedness reliability standards for a TSP.(1) Winter season preparations. By December 1 each year, a TSP must complete the following winter weather preparation measures for its transmission facilities. A TSP must maintain these measures throughout the winter season and complete any ongoing requirements at the appropriate time. If necessary to come into compliance, a TSP must update its winter weather preparation measures no later than one year after ERCOT files a historical weather study report under subsection (i) of this section.(A) Implement weather emergency preparation measures that could reasonably be expected to ensure the sustained operation of all cold weather critical components during winter weather conditions. Where appropriate, such measures may be implemented using either personnel or automated systems. Such measures include, as appropriate for the facility:(i) Confirmation of the operability of all systems and subsystems containing all cold weather critical components;(ii) Confirmation that the sulfur hexafluoride gas in breakers and metering and other electrical equipment is at the correct pressure and temperature to operate safely during winter weather emergencies, and perform annual maintenance that tests sulfur hexafluoride breaker heaters and supporting circuitry to assure that they are functional; and(iii) Confirmation of the operability of power transformers and auto transformers in winter weather emergencies by:(I) Inspecting heaters in the control cabinets;(II) Verification that main tank oil levels are appropriate for actual oil temperature;(III) Inspecting bushing oil levels;(IV) Inspecting the nitrogen pressure, if necessary; and(V) Verification of proper oil quality such that moisture and dissolved gases are within acceptable ranges for winter weather conditions.(B) Beginning in 2023, implement weather emergency preparation measures by December 1 each year, in addition to the weather emergency preparation measures required by subparagraph (A) of this paragraph, that could reasonably be expected to ensure the sustained operation of the TSP's transmission facilities at the 95th percentile minimum average 72-hour wind chill temperature reported in ERCOT's historical weather study, required under subsection (i) of this section, for the weather zone in which the facility is located.(C) Review the adequacy of staffing plans to be used during a winter weather emergency and revise the staffing plans, as appropriate.(D) Train relevant operational personnel on winter weather preparations and operations.(E) Beginning in 2023, create a list of all cold weather critical components, review the list at least annually prior to the beginning of the winter season, and update the list as necessary.(2) Summer season preparations. By June 1 each year, a TSP must complete the following summer weather preparation measures for its transmission facilities. A TSP must maintain these measures throughout the summer season and complete any ongoing, monthly, or regular requirements at the appropriate time. If necessary to come into compliance, a TSP must update its summer weather preparation measures no later than one year after ERCOT files a historical weather study report under subsection (i) of this section.(A) Implement weather emergency preparation measures that could reasonably be expected to ensure the sustained operation of all hot weather critical components during summer weather conditions. Where appropriate, such measures may be implemented using either personnel or automated systems. Such measures include, as appropriate for the facility:(i) Inspecting transformer cooling systems prior to and on a monthly basis during the summer season;(ii) Cleaning transformer cooling systems prior to and on a regular basis during the summer season;(iii) Verifying proper functioning of cooling fans and pump controls;(iv) Arrange and provide for the availability of sufficient chemicals, coolants, and other materials necessary for sustained operations during a summer weather emergency; and(v) Confirmation that sufficient chemicals, coolants, and other materials necessary for sustained operations during a summer weather emergency are protected from heat and drought.(B) Beginning in 2023, implement weather emergency preparation measures by June 1 each year, in addition to the weather emergency preparation measures required by subparagraph (A) of this paragraph on, that could reasonably be expected to ensure the sustained operation of the TSP's transmission facilities during the greater of the maximum ambient temperature at which the facility has experienced sustained operations or the 95th percentile maximum average 72-hour temperature reported in ERCOT's historical weather study, required under subsection (i) of this section, for the weather zone in which the facility is located.(C) Review the adequacy of staffing plans to be used during a summer weather emergency and revise the staffing plans, as appropriate.(D) Train relevant operational personnel on summer weather preparations and operations.(E) Beginning in 2023, create a list of all hot weather critical components, review the list at least annually prior to the beginning of the summer season, and update the list as necessary.(3) Declaration of preparedness. A TSP must submit to ERCOT, on a form prescribed by ERCOT, the following declarations of weather preparedness:(A) No earlier than November 1 and no later than December 1 of each year, a TSP must submit a declaration of winter weather preparedness for the upcoming winter season that:(i) Identifies each transmission substation or switchyard maintained by the TSP for which the declaration is being submitted;(ii) Summarizes all activities engaged in by the TSP to complete the requirements of paragraph (1) of this subsection for the upcoming winter season,(iii) Provides the minimum ambient temperature at which each transmission facility has experienced sustained operations, as measured at the substation or switchyard or the weather station nearest to the substation or switchyard;(iv) Includes any additional information required by the ERCOT protocols in effect as of October 1 of the year in which the declaration is submitted; and(v) Includes a notarized attestation sworn to by the TSP's highest-ranking representative, official, or officer with binding authority over the TSP, attesting to the completion of all activities described in paragraph (1) of this subsection, except activities required to be completed after December 1, and to the accuracy and veracity of the information described in subparagraph (A) of this paragraph.(B) No earlier than May 1 and no later than June 1 of each year, a TSP must submit a declaration of summer weather preparedness for the upcoming summer season that at a minimum:(i) Identifies each transmission substation or switchyard maintained by the TSP for which the declaration is being submitted;(ii) Summarizes all activities engaged in by the TSP to complete the requirements of paragraph (2) of this subsection;(iii) Provides maximum ambient temperature at which each transmission facility has experienced sustained operations, as measured at the substation or switchyard or the weather station nearest to the substation or switchyard;(iv) Includes any additional information required by the ERCOT protocols in effect as of April 1 of the year in which the declaration is submitted; and(v) Includes a notarized attestation sworn to by the TSP's highest-ranking representative, official, or officer with binding authority over the TSP attesting to the completion of all activities described in paragraph (2) of this subsection, except activities required to be completed after June 1, and to the accuracy and veracity of the information described in subparagraph (B) of this paragraph.(4) No later than December 20 of each year, ERCOT must file with the commission a compliance report that addresses whether each TSP has submitted the declaration of winter weather preparedness required by paragraph (3)(A) of this subsection for each transmission substation or switchyard maintained by the TSP.(5) No later than June 20 of each year, ERCOT must file with the commission a compliance report that addresses whether each TSP has submitted the declaration of summer weather preparedness required by paragraph (3)(B) of this subsection for each transmission substation or switchyard maintained by the TSP.(6) ERCOT will treat declarations of preparedness and associated information submitted by a TSP as Protected Information as defined by the ERCOT protocols.(g) ERCOT inspections of transmission facilities.(1) ERCOT must conduct inspections of transmission facilities and may prioritize inspections based on factors such as the length of time since the transmission facility was last inspected; whether a transmission facility is critical for electric grid reliability; has experienced a forced outage or other failure related to weather emergency conditions; or has other vulnerabilities related to weather emergency conditions. ERCOT must determine, in consultation with commission staff, the number, extent, and content of inspections, as well as develop a risk-based methodology for selecting at least ten percent of substations or switchyards providing transmission service to be inspected at least once every three years. ERCOT must develop, in consultation with commission staff, a winter weather inspection checklist and a summer weather inspection checklist for use during facility inspections. Inspections may be conducted by ERCOT's employees or contractors.(A) ERCOT must provide each TSP at least 72 hours' written notice of an inspection unless otherwise agreed by the TSP and ERCOT. The written notice must identify each ERCOT employee, commission staff member, or designated contractor participating in the inspection. Within 24 hours of receiving notice of inspection, a TSP must provide ERCOT, commission staff, and designated contractors all TSP requirements for facility access. Upon provision of the required written notice, a TSP must grant access to its facility to ERCOT and commission staff, including an employee of a contractor designated by ERCOT or the commission to conduct, oversee, or observe the inspection.(B) During the inspection, a TSP must provide ERCOT, commission staff, and designated contractors access to any part of the facility upon request. ERCOT, commission staff, and designated contractors must comply with all applicable safety and security regulations, including those maintained by the TSP, during the inspection. A TSP must provide access to inspection, maintenance, and other records associated with weather preparation measures, and must make the TSP's staff available to answer questions. A TSP may escort ERCOT, commission staff, and designated contractors at all times during an inspection. During the inspection, ERCOT, commission staff, and designated contractors may take photographs and video recordings of any part of the facility except control rooms and may conduct interviews of facility personnel designated by the TSP. Documents, photographs, and video recordings collected or generated by ERCOT, commission staff, or designated contractors during or related to the inspection will be treated as confidential information under applicable state or federal laws and regulations.(2) ERCOT inspection report.(A) ERCOT must provide a written report on its inspection of a transmission system or facility to the TSP. The written inspection report must address whether the TSP has complied with the requirements in subsection(f)(1) or (2) of this section.(B) If the TSP has not complied with a requirement in subsection (f)(1) or (2) of this section, ERCOT must provide the TSP a reasonable period to cure the identified deficiencies.(i) The cure period determined by ERCOT must consider what weather emergency preparation measures the TSP may be reasonably expected to have taken before ERCOT's inspection, the reliability risk of the TSP's noncompliance, and the complexity of the measures needed to cure the deficiency.(ii) The TSP may request ERCOT provide a longer period to cure the identified deficiencies. The request must be accompanied by documentation that supports the request.(iii) ERCOT, in consultation with commission staff, will determine the revised cure period after considering a request for a longer period to cure the identified deficiencies.(C) ERCOT must report to commission staff any TSP that does not remedy the deficiencies identified under subparagraph (A) of this paragraph within the cure period determined by ERCOT under subparagraph (B) of this paragraph.(D) A TSP reported by ERCOT to commission staff under subparagraph (C) of this paragraph will be subject to enforcement investigation under §22.246 of this title. A violation of this section is a Class A violation under §25.8(b)(3)(A) of this title and may be subject to a penalty not to exceed $1,000,000 per violation per day.(h) Weather-related failures by a TSP to provide service. ERCOT must notify a TSP and commission staff of the TSP's repeated or major-weather related forced interruption of service. Upon notification from ERCOT, the TSP must contract with a qualified professional engineer to assess its weather emergency preparation measures, plans, procedures, and operations. The qualified professional engineer must not be an employee of the TSP or its affiliate. The qualified professional engineer must not have participated in previous assessments for this facility for at least five years, unless the TSP provides documentation that no other qualified professional engineers are reasonably available for engagement. The qualified professional engineer must conduct a root cause analysis of the failure and develop a corrective action plan to address any weather-related causes of the failure. The TSP must submit the qualified professional engineer's assessment to the commission and ERCOT within 15 calendar days of receiving the assessment. A TSP to which this subsection applies may be subject to additional inspections by ERCOT. ERCOT must refer to commission staff for investigation any TSP that violates this subsection.(i) ERCOT historical weather study. ERCOT must study historical weather data across each weather zone classified in the ERCOT protocols. ERCOT must file with the commission a report summarizing the results of the study at least once every five years, beginning no later than November 1, 2026.(1) At a minimum, ERCOT must calculate the 90th, 95th, and 99th percentiles of:(A) the daily minimum temperature in each weather zone;(B) the daily maximum temperature in each weather zone;(C) the maximum sustained wind speed in each weather zone;(D) the minimum average 72-hour temperature in each weather zone;(E) the maximum average 72-hour temperature in each weather zone; and(F) the minimum average wind chill in each weather zone.(2) ERCOT may add additional parameters to the historical weather study.(3) ERCOT must take into consideration weather predictions produced by the office of the state climatologist when preparing the historical weather study.", "sourceNote": "Source Note: The provisions of this §25.55 adopted to be effective October 20, 2022, 47 TexReg 6826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227655", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.56", "label": "Temporary Emergency Electric Energy Facilities (TEEEF)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209226", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and applicability. This section establishes the requirements for a transmission and distribution utility (TDU) to lease, operate, and recover costs associated with a temporary emergency electric energy facility (TEEEF). This section applies to a TDU that operates facilities in the Electric Reliability Council of Texas (ERCOT) region to serve distribution customers.(b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Affected generator or load resource--a generator or load resource that:(A) is registered with ERCOT for purposes of settlement; and(B) is located within the portion of the grid that is isolated from the bulk power system and where a TEEEF is energized to restore power. (2) Significant power outage--an event that:(A) causes ERCOT to order a TDU to shed load; (B) the Texas Division of Emergency Management, ERCOT, or the executive director of the commission determines is a significant power outage; or(C) results in a loss of electric power that:(i) affects a significant number of a TDU's distribution customers, and has lasted, or is expected to last, for at least six hours; (ii) affects distribution customers of a TDU in an area for which the governor has issued a disaster or emergency declaration; (iii) affects distribution customers served by a radial transmission or distribution facility, creates a risk to public health or safety, and has lasted, or is expected to last for, at least 12 hours; or(iv) creates a risk to public health or safety because it affects a critical infrastructure facility that serves the public such as a hospital, health care facility, law enforcement facility, fire station, or water or wastewater facility.(3) Temporary emergency electric energy facility (TEEEF)--a facility that provides electric energy to distribution customers on a temporary basis. (c) TEEEF requirements. A TDU must not enter into, renew, or extend any lease involving a TEEEF, unless the TEEEF:(1) has a maximum generation capacity of five megawatts or less;(2) is mobile;(3) is capable of being moved from its staged location in less than 12 hours; and(4) is capable of generating electric energy within three hours after being connected to a demand source.(d) Lease requirements. A TDU must not enter into, renew, or extend any lease involving a TEEEF, except as provided in this subsection.(1) With prior authorization. After receiving authorization under subsection (e) of this section, a TDU may enter into, renew, or extend one or more leases for TEEEF, simultaneously or consecutively, provided that the capacity and characteristics of the entire portion of the TDU's leased TEEEF fleet that is authorized under subsection (e) of this section complies with the authorization provided at all times.(2) Without prior authorization.(A) Lease with alteration provision. Notwithstanding an emergency lease under subparagraph (B) of this paragraph, a TDU may only enter into, renew, or extend a lease involving a TEEEF without prior authorization from the commission if:(i) the lease contains:(I) a provision that allows alteration or termination of the lease based on commission order or rule;(II) a provision in which the parties of the lease acknowledge that the commission may, at any time, initiate a proceeding to order alteration or termination of the lease;(III) a provision stating that the commission retains, without restriction, the right to investigate, request access to, and review the lease, including the subject matter and parties of the lease, at any time; and(IV) a provision stating that any party to the lease agrees to the terms described in this clause and consents to the commission's jurisdiction in any investigation or proceeding to alter or terminate the lease.(ii) Not later than 14 days after entering into the lease, the TDU files, in a control number designated for this purpose by commission staff, a public notice that:(I) discloses the number of leased TEEEF, the generating capacity and intended function of each leased TEEEF, and the lease term; and(II) includes a statement that affirms the lease contains the provisions required under clause (i) of this subparagraph.(B) Emergency lease.(i) A TDU may enter into a lease involving a TEEEF without prior authorization from the commission and without complying with the requirements of subparagraph (A) of this paragraph if:(I) the TDU lacks the leased TEEEF generating capacity necessary to aid in restoring power to its distribution customers, consistent with subsection (g) of this section;(II) the leased amount of TEEEF generating capacity does not exceed the amount of megawatts necessary to restore electric service to its distribution customers by more than a reasonable amount; and(III) the lease term does not exceed the length of time necessary to restore electric service to its distribution customers by more than a reasonable amount.(ii) A TDU that enters into a lease under this subparagraph must provide during its next base-rate proceeding sufficient documentation to support the reasonableness, necessity, and prudence of the leased TEEEF generating capacity and any costs associated with the lease.(3) Competitive bidding process. Except for an emergency lease entered into under paragraph (2)(B) of this subsection, a TDU must use a competitive bidding process to lease a TEEEF.(A) In any proceeding in which the commission is reviewing the reasonableness, necessity, or prudence of the costs associated with leasing a TEEEF under this section, the commission may also consider whether the contracts the TDU entered into to lease TEEEF were reasonable relative to other bids that were available to the TDU, if any. (B) In any proceeding in which a TDU is requesting recovery of costs associated with a TEEEF that was leased without using a competitive bidding process, the TDU must demonstrate that the TEEEF was leased under paragraph (2)(B) of this subsection.(C) A TDU may not enter into a lease for TEEEF with a competitive affiliate of the TDU unless that lease was subject to a competitive bidding process.(4) If requested by a commissioner or commission staff, a TDU must allow for the inspection of any lease entered into under this section. If the commissioner or commission staff retains a copy of the lease, the lease will be treated as a confidential document if so requested by the TDU. (e) Prior authorization to lease TEEEF. A TDU may apply for commission authorization to lease a TEEEF in accordance with this subsection.(1) Application. An application must include: (A) The TDU's history with TEEEF, including:(i) Whether the TDU is currently or has previously been authorized by the commission to lease TEEEF, the details of existing or prior authorizations, and each docket number in which the authorization was granted;(ii) A description of all TEEEF the TDU has under lease at the time of the application, including the total capacity the TDU has under lease, the length of the lease or leases, a description of the capacity, intended functions, and relevant characteristics of each leased unit, and whether each leased unit has been energized to aid in restoring power during a significant power outage; (iii) A description of any previous emergency leases of TEEEF or prior use of another TDU's TEEEF under a mutual assistance agreement or program. A TDU must include an explanation for the necessity of each use of TEEEF under an emergency lease or mutual assistance agreement or program;(iv) A copy of every after-action report submitted by the TDU to the commission under this section during the five years prior to the date on which the application was filed, including a cover page with summary statistics on significant power outages and TEEEF energizations in the TDU's service territory; and (v) The interchange item number of the TDU's most recently filed emergency operations plan filed in project no. 53385.(B) The total capacity of TEEEF the TDU is requesting authorization to lease, each function the requested TEEEF will serve (e.g. to restore power to individual facilities, to restore power to feeders to assist in load rotation, etc.) and how much of the requested capacity is requested for each function, and the length of time for which the TDU is requesting authorization. In support of its request, the TDU must include the following:(i) A description of any necessary characteristics a TEEEF unit must have to perform each of the functions for which authorization is requested. These characteristics should be identified with enough specificity to allow the commission to evaluate, in a subsequent proceeding, whether the TDU's leased TEEEF fleet complies with the commission's authorization. These characteristics should include, as applicable, the capacity or range of capacities of individual units, the mobility of individual units, the types of connections the units must be compatible with, such as mid-span or point-of-use, fuel type, and whether the units can fulfill the function individually or with multiple units working in tandem; (ii) An explanation with any necessary supporting documentation that the functions the TEEEF is being requested to perform are reasonable and necessary to aid in the restoration of power under this section. This supporting documentation must include, at minimum, historical data on significant power outages that occurred in the TDU's service territory and would have qualified for TEEEF deployment for the five-year period preceding the date of the application, including:(I) the start and end date of the outage and information on how long customers were affected by the outage;(II) a description of the events that caused the outage; (III) the number of affected distribution customers and amount of load, in megawatts, that were affected by the outage; and(IV) the number and type of critical load, critical care customers, or other critical infrastructure facilities as defined in §25.497 of this title (relating to Critical Load Industrial Customers, Critical Load Public Safety Customers, Critical Care Residential Customers, and Chronic Condition Residential Customers) affected by the outage.(iii) A description of any additional measures being implemented or scheduled for implementation that may mitigate the need for TEEEF, such as the TDU's implementation of a resiliency plan measure under §25.62 of this chapter, relating to Transmission and Distribution System Resiliency Plans.(C) As appropriate, data provided under this section must be filed in a format native to Microsoft Excel and must permit basic data manipulation functions, such as copying and pasting of data.(2) Commission processing. An application will be processed in a contested case proceeding as follows.(A) Sufficiency. An application is sufficient if it includes the information required by paragraph (1) of this subsection and the TDU has filed proof that notice has been provided in accordance with this subsection.(i) Within 30 calendar days of the TDU filing its application, commission staff must file a recommendation on sufficiency of the application. If commission staff recommends the application be found deficient, commission staff must identify the deficiencies in its recommendation. The TDU will have five working days to file a response, which may include an amendment to the application to attempt to cure the deficiency. (ii) If the presiding officer determines the application is deficient, the presiding officer will file a notice of deficiency and cite the particular requirements with which the application does not comply. The presiding officer must provide the TDU an opportunity to amend its application. Commission staff must file a recommendation on sufficiency within 10 working days after the filing of an amended application, when the amendment is filed in response to a notice of deficiency.(iii) If the presiding officer has not filed a written order concluding that the application is deficient within 10 working days after a deadline for a recommendation on sufficiency, the application is deemed sufficient.(B) Notice and intervention. Within one working day after the TDU files its application, the TDU must provide notice of its filed application, including the docket number assigned to the application and the deadline for intervention in accordance with this paragraph. The intervention deadline is 30 days from the date service of notice is complete. The notice must be provided using a reasonable method of notice to: (i) all municipalities in the TDU's service area that have retained original jurisdiction; (ii) all parties in the TDU's last base-rate proceeding; (iii) each retail electric provider that provides service in the TDU's service area; and(iv) the Office of Public Utility Counsel.(3) Commission evaluation and decision. (A) The commission will authorize a TDU to lease TEEEF under this subsection if it determines that leasing the requested TEEEF is reasonable and necessary to aid in restoring power to the TDU's distribution customers during a significant power outage that qualifies for TEEEF energization. (B) The commission's final order will include the total TEEEF capacity the TDU is authorized to lease, the capacity of TEEEF the TDU is authorized to lease for each function the TEEEF fleet will perform, and the date or dates the authorization expires (i.e., TEEEF leases must not extend past this date). The commission may include additional requirements related to the characteristics of the TEEEF the TDU is authorized to lease.(f) Alteration or termination of a TEEEF lease. The commission, on its own motion or on the motion of commission staff, may initiate a contested case proceeding to review a lease entered into under subsection (d)(2)(A) of this section to determine whether the public interest requires the alteration or termination of the lease.(1) Parties and notice.(A) Commission staff, the TDU, OPUC, any other parties to the lease, and anyone granted intervenor status by the presiding officer may participate in the proceeding as parties.(B) Commission staff must provide notice, using a reasonable method of notice, of the proceeding to the TDU, OPUC, and any other parties to the lease. The TDU must facilitate the provision of notice to other parties to the lease by assisting commission staff in identifying and contacting these parties, as requested. The notice must include the docket number of the proceeding, identify the lease and TEEEF at issue, and state the factual and legal basis for initiating the proceeding.(2) Commission evaluation and decision. If the commission determines the lease is not in the public interest, the commission may order the alteration or termination of the lease. In evaluating the public interest, the commission may consider any factors it deems appropriate, including compliance with the requirements of PURA, this section, and any other applicable law; operational failures; deployment history; and the size, characteristics, and deployment history of the TDU's leased TEEEF fleet.(A) As appropriate, the commission will provide the TDU a reasonable amount of time to renegotiate the lease. The commission may open a compliance docket for this purpose.(B) The commission's decision on whether to order the alteration or termination of a TEEEF lease is not, in itself, a determination on the prudence of the TDU entering into the lease. (3) Nothing in this subsection prevents the parties to a lease from terminating a lease the commission orders altered in accordance with applicable law.(g) Energization of TEEEF.(1) A TDU may energize TEEEF to aid in restoring power to its distribution customers during an event that a TDU reasonably determines is a significant power outage in which:(A) ERCOT has ordered the TDU to shed load; or (B) the TDU's distribution facilities are not being fully served by the bulk power system under normal operations.(2) A TDU may loan its leased TEEEF to other TDUs or otherwise utilize its leased TEEEF in another TDU's service territory under a mutual assistance agreement or program, provided that all costs and reimbursements associated with such a loan or utilization are properly accounted for and reconciled.(3) A TDU that leases a TEEEF must not sell energy or ancillary services from the facility.(4) A TEEEF must:(A) be operated in isolation from the bulk power system; and(B) not be included in locational marginal price calculations, pricing, or reliability models developed by ERCOT.(5) Notice. A TDU must issue notices under subparagraphs (A), (B), (C), and (D) of this paragraph to ERCOT and all operators of affected generators or load resources. Notice under this paragraph is not required if the area isolated from the bulk power system does not contain any affected generators or load resources. (A) Prior to isolation. For an isolation from the bulk power system due to circumstances within a TDU's control in which TEEEF will be energized, a TDU must issue notice at least 10 minutes prior to isolation of an affected area from the bulk power system. For an isolation from the bulk power system due to circumstances beyond a TDU's control in which TEEEF will be energized, a TDU must issue notice as soon as is reasonably practicable. Notices prior to isolation of an affected area from the bulk power system must include:(i) identification of each substation and modeled load associated with customer load that will be served by TEEEF; (ii) the total amount of load expected to be served by TEEEF;(iii) the time the affected area is anticipated to be isolated from the bulk power system;(iv) the time the affected area is anticipated to be reconnected to the bulk power system; (v) identification of each generator or load resource that will be an affected generator or load resource following the energization of TEEEF; and(vi) a statement that any energy produced by an affected generator during the time it is isolated from the bulk power system will not be settled through ERCOT.(B) Upon isolation. For an isolation from the bulk power grid due to circumstances within a TDU's control in which TEEEF will be energized, a TDU must issue notice immediately upon isolation of an affected area from the bulk power system. For an isolation from the bulk power system due to circumstances beyond a TDU's control in which TEEEF will be energized, a TDU must issue notice as soon as is reasonably practicable. A notice issued under this subparagraph must state the time an affected area's isolation from the bulk power system was completed.(C) Prior to reconnection. A TDU must issue notice at least 10 minutes prior to the reconnection of an affected area to the bulk power system. A notice issued under this subparagraph must state the anticipated time that an affected area will be reconnected to the bulk power system.(D) Upon reconnection. A TDU must issue notice immediately after the reconnection of an affected area to the bulk power system has been completed. A notice issued under this subparagraph must state the time the reconnection of an affected area to the bulk power system was completed.(E) If a TDU has issued notice under subparagraphs (A) or (C) of this paragraph, and coordination with ERCOT under paragraph (6) of this subsection results in a delay in the anticipated time of isolation or reconnection, the TDU must notify operators of affected generators and load resources of such delay.(6) Coordination with ERCOT.(A) TDUs. The requirements of this subparagraph apply only to energizations of TEEEF that occur outside of an energy emergency declared by ERCOT. A TDU's isolation or reconnection of load associated with an energization of TEEEF must be coordinated with ERCOT according to the following timeframes if the total amount of load at any single substation that would be isolated or reconnected exceeds 20 megawatts.(i) For isolations of load from the bulk power system due to circumstances within a TDU's control, a TDU should coordinate with ERCOT within a period of 10 minutes.(ii) For isolations of load from the bulk power system due to circumstances beyond a TDU's control, a TDU should coordinate with ERCOT as soon as is reasonably practicable.(B) Affected generators and load resources.(i) Upon receiving notice from a TDU that an affected area will be isolated from the bulk power system, an operator of an affected generator or load resource that is required by ERCOT protocols to provide status telemetry to ERCOT must, at the expected time of isolation as indicated in the TDU's notice, update its real-time status telemetry and current operating plan information to reflect that the affected generator or load resource is disconnected from the ERCOT system, is unavailable for dispatch by ERCOT, and will be unavailable for dispatch by ERCOT for the time period specified by the TDU in its notice.(ii) Upon receiving notice from a TDU that an affected area has been reconnected to the bulk power system, the operator of any affected generator or load resource must update its real-time status telemetry and current operating plan information to reflect the appropriate status of the affected generator or load resource.(7) A TDU's liability related to the provision of service using a TEEEF is governed by §25.214 of this title, relating to Terms and Conditions of Retail Delivery Service Provided by Investor-Owned Transmission and Distribution Utilities.(8) A TDU will ensure, to the extent reasonably practicable, that:(A) A retail distribution customer's usage during the TDU's operation of a TEEEF is excluded or removed from the electric usage reported to ERCOT for final settlement and to retail electric providers (REPs) for customer billing; and(B) Energy generated in an area isolated from the bulk power system in accordance with this section, including any energy generated by an affected generator, is excluded or removed from the generation reported to ERCOT for final settlement purposes. (9) During an energy emergency declared by ERCOT, the amount of any load shed by a TDU for the area operated in isolation from the bulk power system during TEEEF energization must be accounted for net of any generation in the affected area that was online and producing before the area was isolated from the bulk power system. (10) After-action report. After each significant power outage in a TDU's service territory that meets the criteria for TEEEF energization under paragraph (1) of this subsection, a TDU that has leased TEEEF must file an after-action report with the commission. The report must be filed within 30 days from the last day of the significant power outage. The report must include, as applicable:(A) A description of the events that resulted in the significant power outage within the TDU's service territory, including the dates and times the significant power outage began and ended;(B) The estimated number of affected distribution customers and estimated amount of load, in megawatts, that were affected by the significant power outage in the TDU's service territory and the estimated number of which that were served by TEEEF;(C) The estimated number and type of critical load, critical care customers or other critical infrastructure facilities as defined in §25.497 of this title, affected by the significant power outage and the estimated number that were served by TEEEF. A TDU must also include available details on the duration of service interruptions for these customers; (D) The total nameplate generating capacity in megawatts and the total number of affected generators or load resources that were isolated from the bulk power system for TEEEF energization;(E) A description of any TEEEF energizations, including the capacity, fuel type, connection configuration, mobile capability, and lease type (i.e., with prior commission authorization or without prior commission authorization) of each TEEEF unit that was energized, the function each TEEEF unit was performing, the date and time each TEEEF unit was energized, and the duration that the affected area was isolated from the bulk power system;(F) A list of TEEEF that was not energized, including the capacity, fuel type, connection configuration, mobile capability, and lease type (i.e., with prior commission authorization or without prior commission authorization) of each TEEEF unit that was not energized and a brief summary explaining why each TEEEF unit was not energized; and(G) A description of any TEEEF units leased under subsection (d)(2)(B) of this section or utilized under a mutual assistance agreement or program. A TDU must include an explanation for the necessity of entering into the emergency lease or utilizing the mutual assistance agreement or program.(h) Emergency operations annex. A TDU that leases TEEEF under this section must include a detailed plan on the use of the TDU's leased TEEEF in the TDU's emergency operations plan filed with the commission, as required by §25.53 of this title, relating to Electric Service Emergency Operations Plans, that is updated, as necessary, on an ongoing basis. (i) Eligible costs.(1) Costs to obtain and operate a TEEEF. Reasonable and necessary costs of leasing and operating a TEEEF, including the present value of future payments required under the lease, are eligible for recovery under this section. A lease involving a TEEEF must be treated as a capital lease or finance lease for ratemaking purposes, regardless of its classification under generally accepted accounting principles or other accounting frameworks.(2) Return. Reasonable and necessary costs under this section include a return on investment, including the present value of future payments required under the lease, using the rate of return on investment established in the commission's final order in a TDU's most recent comprehensive base-rate proceeding. (j) Deferred recovery of certain eligible costs. A TDU may create a regulatory asset to defer the following for recovery in a future ratemaking proceeding:(1) The reasonable and necessary incremental operations and maintenance expenses, not otherwise included in any of the TDU's rates; and(2) The return, not otherwise included in any of the TDU's rates.(k) Cost recovery. Eligible costs under this section may be recovered as follows. (1) Ratemaking proceedings. A TDU may request recovery of eligible costs, including any deferred expenses, through a standalone TEEEF rider proceeding, a proceeding under §25.243 of this title, relating to Distribution Cost Recovery Factor (DCRF), or in another ratemaking proceeding where it is appropriate to recover distribution invested capital and associated costs. A river authority may request recovery of eligible costs, including any deferred expenses, through a ratemaking proceeding where it is appropriate to recover distribution invested capital and associated costs or through a standalone TEEEF rider proceeding. (A) A TDU must provide notice to REPs of the approved rates not later than the 45th day prior to the effective date of the approval. (B) TEEEF costs must not be allocated to, or collected from, retail transmission service customers or wholesale transmission service at transmission voltage customers. (C) Notwithstanding the provisions of §25.243 of this title, an allocation of TEEEF costs among distribution-level rate classes, based on substation-level class non-coincident peak demand, regardless of the time at which the class demand occurs, from the TDU's current or most recent base-rate proceeding, is presumed to be reasonable. (D) TEEEF rates may not be established on a per-kilowatt-hour basis for any customer class that includes demand charges.(E) Upon any amendment to a lease under this section that would reduce the rate of cost recovery necessary for a TEEEF, a TDU must submit an application to reflect the reduced rate of cost recovery necessary, by the earlier of three months from the lease amendment or the TDU's next DCRF proceeding.(F) TEEEF costs must not be included in base rates. All TEEEF costs must be recovered through a single rider associated with TEEEF. A TDU with a previously established TEEEF rider may recover additional TEEEF costs by updating the existing TEEEF rider. (G) TEEEF costs will not be reviewed for reasonableness, necessity, or prudence in a proceeding other than a base-rate proceeding, unless the presiding officer finds good cause to review them in another proceeding.(H) In any proceeding in which TEEEF costs are reviewed for reasonableness, necessity, or prudence, the application must include the after-action reports for significant power outages during the period for which costs are being reviewed. The application must also include the leases, filed confidentially, for any leased TEEEF for which costs are being reviewed.(I) A TDU that, prior to the effective date of this rule, received commission approval in a contested case proceeding for an amount of TEEEF generating capacity may request approval of reductions of that capacity through a subsequent standalone TEEEF rider proceeding made in accordance with this paragraph. (2) Notice. The notice for any ratemaking proceeding in which eligible TEEEF costs are sought must specifically identify those eligible costs.(3) Affiliate contracts. For any contract between a TDU and an affiliate, the TDU bears the burden of proof to show that the terms to the TDU were reasonable and necessary and did not exceed the prices charged by the supplying affiliate to its other affiliates or divisions or to unaffiliated persons within the same market area or having the same market conditions. In addition, all affiliate payments must comply with the requirements of PURA §36.058.(4) Reconciliation. If TEEEF rates include any eligible costs that have not been reviewed for reasonableness, necessity, and prudence, any rates to recover any portion of those costs are temporary rates that must be reconciled in the TDU's next base-rate proceeding, including to determine whether the costs are reasonable, necessary, and prudent. (A) In reconciling TEEEF costs, all revenues received associated with TEEEF programs, including actual rate revenues and mutual assistance reimbursements, must be applied to offset reasonable, necessary, and prudent TEEEF costs as these costs and revenues were incurred and received.(B) A TDU must provide comprehensive testimony and workpapers supporting the reconciliation of all eligible costs and associated rate revenues as part of any base-rate proceeding application. Any amounts recovered through rates approved under this subsection that are found to have been unreasonable, unnecessary, or imprudent, plus the corresponding return, taxes, and carrying costs, must either be refunded or applied as an offset to any outstanding regulatory asset associated with eligible costs. In any proceeding in which the commission determines that a TDU has included in rates any amounts deemed unreasonable, unnecessary, or imprudent, or that the TDU has otherwise over-recovered costs, the commission may order a compliance proceeding to determine the amounts and manner of any necessary refunds to ratepayers or the proper accounting of over-recovered amounts as an offset to any outstanding regulatory assets associated with eligible costs. Carrying costs will be determined as follows:(i) For the time period beginning with the date on which over-recovery is determined to have begun to the effective date of the TDU's base rates set in the base-rate proceeding in which the costs are reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the same rate of return that was applied to the TDU's rate base included in base rates in effect when the over-recovery began.(ii) For the time period beginning with the effective date of the TDU's rates set in the base-rate proceeding in which the costs are reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the TDU's rate of return authorized in that base-rate proceeding.(5) As part of the reconciliation of TEEEF costs, the commission may consider whether the leased TEEEF had the characteristics required to perform the functions authorized by the commission, whether the TEEEF was properly utilized to restore power during significant power outages, including appropriate pre-outage preparations such as positioning and securing fuel or the units, or any other factor relevant to the prudence or reasonableness of the TDU's procurement or operation of TEEEF.", "sourceNote": "Source Note: The provisions of this §25.56 adopted\r\nto be effective January 8, 2025, 50 TexReg 117; amended to be effective\r\nMarch 1, 2026, 51 TexReg 1079." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209226", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.57", "label": "Power Outage Alert Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223263", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and Applicability. This section establishes criteria for the activation, content, and termination of regional and statewide power outage alerts as required by Tex. Gov't Code §411.301(b). This section applies to the Electric Reliability Council of Texas (ERCOT) and to transmission service providers in power regions in Texas other than the ERCOT region.(b) Definitions.(1) Load shed instructions--Directives given by a reliability coordinator to a transmission service provider or its agent to reduce firm load along its systems by a prescribed amount.(2) System-wide--The entirety of a power region.(c) Issuance and termination of a power outage alert. The executive director may recommend the Texas Department of Public Safety issue, update, or terminate a power outage alert. A designee may act on behalf of the executive director under this section.(1) The executive director may recommend the Texas Department of Public Safety issue a power outage alert statewide or for one or more specific power regions in Texas. The issuance of a power outage alert may be recommended for power regions in which system-wide load shed instructions have been issued or are likely to be issued because the system-wide power supply is likely to be inadequate to meet demand.(2) In determining whether to recommend the issuance of a power outage alert, the executive director will consider the likelihood of system-wide load shed instructions being issued, the expected length of time the load shed instructions will be in effect, and any other relevant information. In determining whether to recommend the issuance of a power outage alert in the ERCOT region, the executive director will consider information received from ERCOT under subsection (d) of this section. In determining whether to recommend the issuance of a power outage alert in a power region other than the ERCOT region, the executive director will consider information received from transmission service providers in that power region under subsection (e) of this section.(3) The executive director may recommend the termination of a power outage alert when the conditions that led to the issuance of the power outage alert are no longer applicable and are unlikely to recur in the near future.(d) Power outage alerts for the ERCOT region.(1) ERCOT must notify the executive director when:(A) ERCOT's forecasts indicate system-wide generation supply is likely to be insufficient to meet demand within the next 48 hours; or(B) ERCOT issues system-wide load shed instructions.(2) A notice under paragraph (1) of this subsection must include any available, relevant information to assist the executive director in determining whether to recommend the issuance of a power outage alert and what information should be included in the power outage alert. The notice must include, but is not limited to:(A) Whether system-wide load shed instructions have been issued;(B) Whether system-wide power supply is forecasted to be insufficient to meet demand and, if so, an estimated time when load shed instructions may be issued;(C) If applicable and known, an estimated time when load shed instructions may be recalled; and(D) If applicable and known, the initiating event or circumstances that prompted or might prompt the issuance of load shed instructions.(3) ERCOT must notify the executive director when system-wide load shed instructions have been recalled or when, in ERCOT's judgment, there are material changes in ERCOT's forecasts. This notice must include information on any of the remaining conditions listed under paragraph (1) of this subsection that are still applicable.(4) ERCOT must establish a procedure, in consultation with commission staff, to provide the executive director with notifications required under this subsection.(5) Upon request by the executive director, ERCOT must provide additional information and updates.(e) Power outage alerts for power regions other than the ERCOT region.(1) A transmission service provider in a power region other than the ERCOT region must notify the executive director when it has received system-wide load shed instructions from the applicable reliability coordinator.(2) The transmission service provider must notify the executive director when the applicable reliability coordinator has recalled the system-wide load shed instructions. The transmission service provider's notice must include a summary of any available information regarding power outages and the expectation for power restoration within its service territory.(3) A transmission service provider subject to this subsection must establish a procedure, in consultation with commission staff, to provide the executive director with notifications required under this subsection. Commission staff may develop a form, internet portal, or other standardized process for providing the executive director with notifications required under this subsection. If commission staff develops such a standardized process, a transmission service provider's procedure must utilize this standardized process.(4) Upon request by the executive director, a transmission service provider must provide additional information and updates.(f) Power outage alert content. When known and as applicable, the power outage alert must provide the following information or instructions on how to obtain the following information:(1) Whether system-wide load shed is occurring or expected to occur imminently;(2) A statement that an electricity customer may experience a power outage;(3) Where an electricity customer can seek assistance while the electricity customer's power may be out; and(4) Any other information deemed relevant and of assistance to electricity customers.", "sourceNote": "Source Note: The provisions of this §25.57 adopted to be effective June 15, 2022, 47 TexReg 3449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223263", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.59", "label": "Long Lead-Time Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226917", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section provides that a transmission and distribution utility (TDU) may procure, own, operate, and recover costs of long lead-time facilities. This section applies to a TDU that operates distribution facilities in the Electric Reliability Council of Texas (ERCOT) region to serve distribution customers.(b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Long lead-time facilities--transmission and distribution facilities that would aid in restoring power to the TDU's distribution customers following a significant power outage and that the TDU reasonably anticipates will require at least six months to obtain. These facilities may not include energy storage equipment or facilities as described under Public Utility Regulatory Act (PURA), Chapter 35, Subchapter E.(2) Significant power outage--an event that:(A) causes ERCOT to order a TDU to shed load;(B) the Texas Division of Emergency Management, ERCOT, or the executive director of the commission determines should be classified as a significant power outage; or(C) results in a loss of electric power that:(i) affects a significant number of a TDU's distribution customers and has lasted, or is expected to last, for at least six hours;(ii) affects a TDU's distribution customers in an area for which the governor has issued a disaster or emergency declaration;(iii) affects a TDU's distribution customers served by a radial transmission or distribution facility, creates a risk to public health or safety, and has lasted, or is expected to last, for at least 12 hours; or(iv) creates a risk to public health or safety because it affects a critical infrastructure facility that serves the public such as a hospital, health care facility, law enforcement facility, fire station, or water or wastewater facility.(c) Contracts for long lead-time facilities. A TDU may enter into contracts to procure, own, and operate long lead-time facilities. Such contractual arrangements may include cooperative agreements with another TDU or procurement subscriptions with a transmission and distribution equipment supply service company or other third party as described under this section.(1) Cooperative agreements. A TDU may enter into a cooperative agreement with another TDU to:(A) jointly procure, own, and operate long lead-time facilities;(B) maintain inventories of long lead-time transmission and distribution equipment; or(C) engage in transfers of such facilities or equipment following a significant power outage.(2) Procurement subscriptions. A TDU may subscribe with a transmission and distribution equipment supply service to access and utilize an inventory of transmission and distribution equipment for the construction, modification, or operation of long lead-time facilities.(d) Emergency operations annex. A TDU that procures, owns, and operates long lead-time facilities under this section must include these facilities in the TDU's emergency operations plan filed with the commission, as required by §25.53 of this title (relating to Electric Service Emergency Operations Plans), on an ongoing basis.(e) Eligible costs.(1) Costs to procure, own, and operate long lead-time facilities. Reasonable and necessary costs of procuring, owning, and operating long lead-time facilities, including costs incurred under a cooperative agreement or procurement subscription, are eligible for recovery under this section, to the extent these costs are not otherwise included in the TDU's rates.(2) Return. Reasonable and necessary costs under this section include a return on investment using the rate of return on investment established in the commission's final order in the TDU's most recent comprehensive base-rate proceeding . The return may be applied beginning on the date that a long lead-time facility is procured.(f) Deferred recovery of certain eligible costs. A TDU may create a regulatory asset to defer to a future ratemaking proceeding the recovery of incremental operations and maintenance expenses and the return, not otherwise recovered in a rate proceeding, associated with the procurement, ownership, maintenance, and operation of long lead-time facilities. These costs may be recorded, in order to be requested for recovery in a future proceeding, beginning on the date the long lead-time facility is procured.(g) Cost recovery. Eligible costs under this section may be recovered as follows.(1) Ratemaking proceedings.(A) A TDU may:(i) request recovery of eligible costs, including any deferred expenses, pertaining to distribution invested capital and its associated costs through a proceeding under §25.243 of this title (relating to Distribution Cost Recovery Factor (DCRF)), or in another ratemaking proceeding appropriate to recover distribution-invested capital and its associated costs; and(ii) A TDU may request recovery of eligible costs under this section, including any deferred expenses, pertaining to transmission-invested capital and its associated costs through a proceeding under §25.192(h) of this title (relating to Interim Update of Transmission Rates) or in another ratemaking proceeding appropriate to recover transmission-invested capital and its associated costs.(B) A TDU seeking cost recovery under this section must include sufficient documentation in its filing to support a determination that the facilities procured meet the definition of long lead-time facilities under subsection (b)(1) of this section.(2) Notice. The notice for any ratemaking proceeding in which eligible costs addressed in this section are sought must specifically identify those eligible costs. Notice under this paragraph is required for all costs that have not been reconciled on or before the effective date of this rule.(3) Affiliate contracts. For any contract between the TDU and an affiliate, the TDU bears the burden of proof that the terms to the TDU were reasonable, necessary, prudent, and did not exceed the prices charged by the supplying affiliate to its other affiliates or divisions or to unaffiliated persons within the same market area or having the same market condition. In addition, all affiliate payments must comply with the requirements of PURA §36.058.(4) Temporary rates and reconciliation. If any rates include eligible costs that have not been reviewed for prudence, reasonableness, and necessity, the rates to recover those costs are temporary rates that must be reconciled in the TDU's next base-rate proceeding.(A) A TDU must provide comprehensive testimony and workpapers supporting the reconciliation of all eligible costs and associated rate revenues as part of any base-rate proceeding application. Any amounts recovered through rates approved under this subsection that are found to have been unreasonable, unnecessary, or imprudent, plus the corresponding return, taxes, and carrying charges, must either be refunded or applied as an offset to any outstanding regulatory asset associated with eligible costs.(B) In any proceeding in which the commission determines that a TDU has included in rates any amounts deemed unreasonable, unnecessary, or imprudent, or that the TDU has otherwise over-recovered costs, the commission may order a compliance proceeding to determine the amounts and manner of any necessary refunds to ratepayers or the proper accounting of over-recovered amounts as an offset to any outstanding regulatory assets associated with eligible costs. Carrying costs will be determined as follows:(i) For the time period beginning with the date on which over-recovery is determined to have begun to the effective date of the TDU's base rates set in the base-rate proceeding in which the costs are reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the same rate of return that was applied to the TDU's rate base included in base rates in effect when the over-recovery began.(ii) For the time period beginning with the effective date of the TDU's rates set in the base-rate proceeding in which the costs are reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the TDU's rate of return authorized in that base-rate proceeding.", "sourceNote": "Source Note: The provisions of this §25.59 adopted to be effective January 8, 2025, 50 TexReg 117." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226917", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.60", "label": "Transmission and Distribution Wildfire Mitigation Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216502", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to each electric utility, municipally owned utility, and electric cooperative that owns a transmission or distribution facility in this state. (b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise. (1) Entity--an electric utility, a municipally owned utility, or an electric cooperative operating in this state. (2) Wildfire--an unplanned fire spreading through vegetative fuels, occurring primarily on wildland or in a wildland-urban interface area. The term does not include a fire that constitutes controlled burning within the meaning of Section 28.01, Penal Code.(3) Wildfire risk area--an area determined, under subsection (c)(1) of this section, to be at an elevated risk for wildfire.(4) Wildland--an area in which development is limited to roads, railroads, power lines, and similar transportation or utility structures.(c) Wildfire risk area determination. (1) A determination of elevated risk of wildfire may be made by the Texas Division of Emergency Management (TDEM) or an entity that owns a transmission or distribution facility within that area.(2) An area that is determined to be a wildfire risk area by an entity that owns a transmission or distribution facility within that area is only considered to be a wildfire risk area under this section with respect to the entity that made the determination.(3) An entity that owns a transmission or distribution facility in an area that TDEM determines is a wildfire risk area must file with the commission an acknowledgement of that determination as soon as practicable after the determination is made, using the control number designated by commission staff under subsection (e)(1) of this section.(d) Filing entity. An entity that owns a transmission or distribution facility in a wildfire risk area of this state must comply with the filing requirements of this section.(1) Authorization of alternative filing entity. An entity that owns, but does not operate, a transmission or distribution facility in a wildfire risk area of this state may authorize the entity that operates the facility to make filings required under this section on its behalf. The entity that owns the transmission or distribution facility retains responsibility for compliance with the requirements of this section. (2) Joint filing. Two or more entities subject to the filing requirements of this section may jointly submit filings required by this section, provided that the joint application or filing satisfies the requirements of this section for each entity as if each entity had filed separately. The executive summary required under subsection (f)(2)(A) of this section must identify which sections of the joint application apply to each entity. Each entity retains individual responsibility for compliance with the requirements of this section.(e) Notice of intent. An entity required to file an application under this section must file a notice of intent not later than 60 calendar days prior to the entity's estimated application filing date.(1) Filing requirements. The notice of intent must be filed in a control number designated for this purpose by commission staff.(2) Content. The notice of intent must include:(A) A description of the entity's wildfire risk area(s), and whether the area was determined to be a wildfire risk area by TDEM or the entity; (B) A description of the transmission and distribution facilities the entity owns in the wildfire risk area(s);(C) If applicable, the approximate number of transmission and distribution customers served by the entity, and the approximate number of transmission and distribution customers served by the entity that are located in the wildfire risk area(s);(D) A statement that the entity is preparing to file an application under this section, including the entity's estimated application filing date;(E) A statement of whether the entity intends to use a pro forma plan developed under subsection (l) of this section when assembling its application;(F) A statement of whether the entity intends to file a joint application with one or more other entities and an explanation for the joint filing; and(G) A statement of whether the entity is filing an application on its own behalf or if the entity is an authorized alternative filing entity under subsection (d)(1) of this section.(f) Application for approval of a wildfire mitigation plan. (1) Filing requirements. (A) Initial application. (i) Prior to May 1, 2026, an entity that has filed a notice of intent in accordance with subsection (e) of this section must file its application on the date scheduled by the commission under subsection (h)(1) of this section. (ii) After May 1, 2026, an entity that has filed a notice of intent in accordance with subsection (e) of this section may file an application on its estimated application filing date, as provided by the entity's notice of intent, unless the commission schedules the filing for a different date under subsection (h)(1) of this section.(B) Subsequent application. An entity with an approved wildfire mitigation plan under subsection (j) of this section must file an application for reapproval of its plan:(i) not later than three years after the plan's approval date; and (ii) upon making a material change to the approved plan. A material change is one that will impact how an entity will monitor, respond to, or mitigate for the risk of wildfire in its wildfire risk area(s), such as the elimination of an approved plan measure, the reduction of approved frequencies of infrastructure inspections or vegetation management practices, the introduction of a new plan measure, or a significant update to the entity's wildfire risk modeling methodologies. An application filed under this clause should describe in the executive summary under paragraph (2)(A) of this subsection the material change made to the approved plan.(2) Contents.(A) Executive summary. An entity's application must include the following in an executive summary or comprehensive chart:(i) A description of the contents of the application;(ii) A reference to specific sections and page numbers of the application that correspond with the requirements of this paragraph; (iii) A description and map, in reference to the nearest county boundary, city, or town, of each area of this state to which the entity provides transmission or distribution service that is in the wildfire risk area at issue in the application and a description of how the entity identified each wildfire risk area. If practicable, the entity must also provide the map in GIS format, such as a geodatabase feature class or shapefile;(iv) A description of wildfires that impacted or were caused by the entity's infrastructure in its wildfire risk area(s) in the preceding 10 years, or to the extent known or available, including the date, implicated TDEM disaster districts, and known impacts of each wildfire to the entity's infrastructure;(v) A description of the environmental and operational risks that the entity's wildfire mitigation plan is designed to address (e.g., low-moisture, high-temperature, or high-wind conditions or events, the presence of salt moisture or other contaminants on transmission or distribution facilities or equipment, dry or high-volumes of vegetation, etc.); and(vi) An explanation of how the entity's wildfire mitigation plan sufficiently mitigates for wildfire risk in the entity's wildfire risk area(s).(B) Wildfire mitigation plan. An entity's application must include the following in a wildfire mitigation plan:(i) A description of the entity's process for periodically inspecting its transmission and distribution facilities in its wildfire risk area(s), including, if applicable, a description of the entity's use of geospatial or remote sensing technologies (such as Light Detection and Ranging (LiDAR), satellite, etc.) or risk-modeling tools;(ii) A detailed plan for vegetation management in the entity's wildfire risk area(s), including, if applicable, a description of the entity's use of geospatial or remote sensing technologies (such as LiDAR, satellite, etc.) or risk-modeling tools;(iii) A detailed operations plan for reducing the likelihood of wildfire ignition from the entity's transmission and distribution facilities and responding to a wildfire in the entity's wildfire risk area(s), including, if applicable, a description of the entity's use of automated fault detection devices or programs (such as microprocessor-based relays, Supervisory Control and Data Acquisition (SCADA), etc.);(iv) A description of the entity's procedures for restoring its transmission or distribution system during and after a wildfire, including contact information for the entity that may be used for coordination with TDEM and first responders;(v) A community outreach and public awareness plan regarding wildfire risks, actual wildfire events, and service interruptions or outages caused by, or initiated to mitigate for, wildfire events, that affect the entity's service territory or transmission or distribution system. The entity must include in its community and public awareness plan a specific communications plan for responding to a wildfire event;(vi) A description of the entity's procedures for de-energizing power lines and disabling reclosers to either mitigate for potential wildfires or implement a public safety power shut-off plan. The entity must include, as applicable, a description of its procedures for coordinating those measures with its regional transmission organization, independent system operator, or other reliability coordinator and other transmission operators and distribution service providers; and(vii) A description of the procedures, measures, and standards that the entity will use to inspect and operate its transmission and distribution infrastructure to mitigate for wildfire risks in its wildfire risk area(s).(C) Independent expert analysis. An application must include an analysis of the entity's wildfire mitigation plan prepared by an independent expert with not less than five years of professional experience in electric utility fire risk mitigation, including in wildfire operations, electric transmission and distribution operations, and risk analysis methods. (i) Qualifications may be met in aggregate by a team of multiple independent experts, each with different areas of expertise, provided that each independent expert has not less than five years of relevant professional experience and the team designates a lead independent expert to be responsible for preparing the analysis.(ii) The independent expert's analysis must include:(I) supporting documentation that the independent expert meets the required qualifications and an attestation that the independent expert was not involved in designing the entity's wildfire mitigation plan or its component programs;(II) a description of the independent expert's methodology for analyzing the entity's wildfire mitigation plan; and(III) a technical assessment of the adequacy and appropriateness of the contents of the entity's wildfire mitigation plan, relative to the size and complexity of the entity's transmission and distribution system, wildfire risks in the entity's wildfire risk area(s), applicable industry standards and best practices, and any reasonable alternative wildfire mitigation measures.(D) Additional application requirements.(i) An application must include a description of how the entity will monitor implementation and compliance with the wildfire mitigation plan.(ii) An application must include any other infrastructure report, maintenance report, transmission or distribution pole maintenance plan, or information that the entity is required to submit under PURA, other commission rules, North American Electric Reliability Corporation or other federal standards, or ERCOT protocols or operating guides that the entity determines is relevant to its wildfire mitigation efforts and would assist the commission in making a public interest determination on the entity's wildfire mitigation plan. An entity submitting a report, plan, or other information under this clause must submit the report, plan, or other information in its entirety and include a summary of how the report, plan, or other information relates to, or impacts, the entity's wildfire mitigation efforts.(3) Substantially similar information. An entity may fulfill the requirements of paragraph (2)(B) of this subsection by submitting any information required under other law that is substantially similar to the information required by paragraph (2)(B) of this subsection. An entity must clearly identify in its application the requirement the submitted information is intended to fulfill and include a description of why the entity believes the submitted information is substantially similar to that requirement. (4) Inapplicable requirements. For any requirement under paragraph (2)(B) of this subsection that an entity determines is inapplicable to its application, the entity must clearly identify in its application the requirement that is inapplicable and include a description of why the entity believes the requirement is inapplicable to its application.(g) Notice and intervention deadline.(1) Not later than the working day following the filing of an application, an entity must use a reasonable method to provide notice of the filed application and intervention deadline to, as applicable: (A) all municipalities in the entity's service area that have retained original jurisdiction;(B) all parties in the entity's most recent base-rate proceeding;(C) the Office of Public Utility Counsel; and (D) the entity's regional transmission operator, independent system operator, or other reliability coordinator.(2) The notice required by this subsection must include the docket number assigned to the application and a copy of the application and state the deadline for intervention. Notwithstanding the standard intervention deadline specified in §22.104(b), relating to Motions to Intervene, the intervention deadline is 30 calendar days from the date service of notice is complete.(h) Commission processing of application.(1) Application filing schedules.(A) The commission will establish an initial filing schedule for applications, based on notices of intent that were filed by entities under subsection (e) of this section prior to March 1, 2026. However, the commission may schedule individual filings prior to this initial filing schedule on an as-needed basis.(B) The commission may establish, at the recommendation of commission staff or commission counsel, subsequent filing schedules for individual or multiple applications.(2) Sufficiency of application. An entity's application is sufficient if the entity has filed a notice of intent as required by subsection (e) of this section, the application includes the information required by subsection (f)(2) of this section, and the entity has filed proof that notice has been provided in accordance with subsection (g) of this section. (A) Unless otherwise ordered by the presiding officer, commission staff must review each application for sufficiency and file a recommendation on sufficiency within 30 days after the application is filed. If commission staff recommends the application be found deficient, the deficiencies must be identified in the recommendation. The entity will have seven calendar days to file a response. (B) If the presiding officer concludes the application is deficient, the presiding officer will file a notice of deficiency and cite the particular requirements with which the application does not comply. The presiding officer must provide the entity an opportunity to amend its application. Unless otherwise ordered by the presiding officer, commission staff must file a recommendation on sufficiency within 10 days after the filing of an amended application, when the amendment is filed in response to a notice of deficiency in the application. (3) Procedural schedule. The commission will approve or deny an application or approve a modified wildfire mitigation plan not later than 180 days after a sufficient application is filed. The presiding officer must establish a procedural schedule that will enable the commission to approve or deny an application or approve a modified wildfire mitigation plan not later than 180 days after a sufficient application is filed. An application is not sufficient if it has been deemed insufficient by the presiding officer.(i) Commission review of application. In determining whether to approve or deny an application, or approve a modified application, the commission will consider whether an entity's wildfire mitigation plan is in the public interest. The commission will not approve an application for a plan that is not in the public interest. In evaluating the public interest of a plan, the commission may consider:(1) the extent to which the plan will:(A) mitigate the wildfire risks present in an entity's wildfire risk area(s);(B) reduce the potential frequency or duration of service interruptions or outages, or potential damages to utility infrastructure, that are attributable to wildfires in the entity's wildfire risk area(s); and(C) improve the entity's communication and coordination before, during, and after a wildfire in the entity's wildfire risk area(s) with:(i) the entity's customers;(ii) the commission;(iii) if applicable, the entity's regional transmission operator, independent system operator, or other reliability coordinator and other transmission operators or distribution service providers;(iv) first responders; and(v) TDEM.(2) whether there are more reasonable or effective means of preventing, withstanding, mitigating for, or responding to wildfire risks addressed by the plan; or(3) other factors deemed relevant by the commission. (j) Commission decision on application.(1) Denial.(A) The commission's denial of an entity's application is not a finding on the prudence or imprudence of the contents of the entity's wildfire mitigation plan. Upon denial of an application, an entity may file a revised application for review and approval by the commission under this subsection.(B) Commission denial of a joint application constitutes a denial for all entities that are applicants in the joint application.(2) Approval.(A) The Commission may approve an entity's application with or without modification.(B) Commission approval of an entity's application is effective until the earlier of:(i) the fifth anniversary of the date the application was approved; or(ii) the date the entity receives commission approval of a subsequent application.(C) Commission approval of a joint application constitutes an approval for all entities that are applicants in the joint application. (k) Reports.(1) Annual report. An entity with an approved wildfire mitigation plan must file an annual report on its plan by May 1 of each year, beginning the year after the plan is approved. An entity's annual report must include information on the entity's implementation of the plan. (2) After-action report. In the event of a wildfire that impacts or involves an entity's transmission or distribution facilities or assets, the commission, the executive director of the commission, or a designee of the executive director may require the entity to file an after-action or lessons-learned report with the commission by a specified date.(l) Pro forma plan. (1) Development. Commission staff may develop one or more pro forma wildfire mitigation plans. Commission staff may designate the size or characteristics of the entities or systems for which each pro forma plan is appropriate. (2) Use. An entity that uses a pro forma plan must adapt the details of the plan to the characteristics of its transmission or distribution system and the wildfire risks to which its system is exposed. Additionally, an entity that uses a pro forma plan must include in the executive summary under subsection (f)(2)(A) of this section a description of the entity's modifications to the pro forma plan to adapt the plan to its system and include in the independent expert analysis under subsection (f)(2)(C) of this section an assessment of whether the pro forma plan has been appropriately adapted to the entity's system and wildfire risks.", "sourceNote": "Source Note: The provisions of this §25.60 adopted\r\nto be effective December 4, 2025, 50 TexReg 7698." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216502", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.62", "label": "Transmission and Distribution System Resiliency Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227236", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and applicability. This section allows an electric utility that owns and operates a transmission or distribution system to file a resiliency plan to enhance the resiliency of the electric utility's transmission and distribution system. The requirements of this section will be construed, to the extent practicable, to reflect the following: (1) Each transmission and distribution system has different system characteristics and faces different resiliency events and resiliency-related risks. The ability to precisely define, measure, and address these events and risks varies. Terms such as \"event,\" \"risk,\" \"criteria,\" and \"metric\" will be construed pragmatically to provide each utility with the flexibility to develop a well-tailored and systematic approach to improving the resiliency of its system. (2) A utility seeking approval of a resiliency plan bears the burden of proof on each aspect of its resiliency plan. Nothing in this section categorically limits the type of evidence that a utility may use to meet this burden. The weight given to each piece of evidence will be determined by the commission on a case-by-case basis based on the relevant facts and circumstances. Provisions contained in this section addressing the weight of certain types of evidence are advisory only. (b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise. (1) Distribution invested capital -- The parts of the electric utility's invested capital that are categorized or properly functionalized as distribution plant and, once they are placed into service, are properly recorded in Federal Energy Regulatory Commission (FERC) Uniform System of Accounts 303, 352, 353, 360 through 374, 391, and 397. Distribution invested capital includes only costs: for plant that has been placed into service or will be placed into service prior to rates going into effect; that comply with PURA, including §36.053 and §36.058; and that are prudent, reasonable, and necessary. Distribution invested capital does not include: generation-related costs; transmission-related costs, including costs recovered through rates set pursuant to §25.192 of this title (relating to Transmission Service Rates), §25.193 of this title (relating to Distribution Service Provider Transmission Cost Recovery Factors (TCRF)), or §25.239 of this title (relating to Transmission Cost Recovery Factor for Certain Electric Utilities); indirect corporate costs; capitalized operations and maintenance expenses; and distribution invested capital recovered through a separate rate, including a surcharge, tracker, rider, or other mechanism. (2) Resiliency cost recovery rider (RCRR) billing determinant -- Each rate class's annual billing determinant (kilowatt-hour, kilowatt, or kilovolt-ampere) for the most recent 12 months ending no earlier than 90 days prior to an application for a Resiliency Cost Recovery Rider, weather-normalized and adjusted to reflect the number of customers at the end of the period.(3) Resiliency event -- an event involving extreme weather conditions, wildfires, cybersecurity threats, or physical security threats that poses a material risk to the safe and reliable operation of an electric utility's transmission and distribution systems. A resiliency event is not primarily associated with resource adequacy or an electric utility's ability to deliver power to load under normal operating conditions. (4) Resiliency-related distribution invested capital -- Distribution invested capital associated with a resiliency plan approved under this section that will be placed into service before or at the time the associated rates become effective under this section, and that are not otherwise included in a utility's rates. (5) Resiliency-related net distribution invested capital -- Resiliency-related distribution invested capital that is: (A) adjusted for accumulated depreciation and any changes in accumulated deferred federal income taxes, including changes to excess accumulated deferred federal income taxes, associated with all resiliency-related distribution invested capital included in the electric utility's RCRR;(B) reduced by the amount of net plant investment associated with any distribution invested capital included in a utility's rates that is retired or replaced, at the time the associated rates become effective under this section, by resiliency-related distribution invested capital; and(C) further adjusted to remove accumulated depreciation and accumulated deferred federal income taxes associated with distribution invested capital included in a utility's rates that is retired or replaced, at the time the associated rates become effective under this section, by resiliency-related distribution invested capital.(6) Weather-normalized -- Adjusted for normal weather using weather data for the most recent ten-year period prior to the year from which the RCRR billing determinants are derived.(c) Resiliency Plan. An electric utility may file a plan to prevent, withstand, mitigate, or more promptly recover from the risks posed by resiliency events to its transmission and distributions systems. A resiliency plan may be updated, but the updated plan must not take effect earlier than three years from the date of approval of the electric utility's most recently approved resiliency plan. (1) Resiliency measures. A resiliency plan is comprised of one or more measures designed to prevent, withstand, mitigate, or more promptly recover from the risks posed to the electric utility's transmission and distribution systems by resiliency events, as described in subsection (d) of this section. Each measure must utilize one or more of the following methods: (A) hardening electric transmission and distribution facilities; (B) modernizing electric transmission and distribution facilities; (C) undergrounding certain electric distribution lines; (D) lightning mitigation measures; (E) flood mitigation measures; (F) information technology; (G) cybersecurity measures;(H) physical security measures; (I) vegetation management; or(J) wildfire mitigation and response.(2) Contents of the resiliency plan. The resiliency plan must be organized by measure, including a description of any activities, actions, standards, services, procedures, practices, structures, or equipment associated with each measure.(A) The resiliency plan must identify, for each measure, one or more risks posed by resiliency events that the measure is intended to prevent, withstand, mitigate, or more promptly recover from. (i) The resiliency plan must explain the electric utility's prioritization of the identified resiliency event and, if applicable, the prioritization of the particular geographic area, system, or facilities where the measure will be implemented. (ii) The resiliency plan must include evidence of the effectiveness of the measure in preventing, withstanding, mitigating, or more promptly recovering from the risks posed by the identified resiliency event. The commission will give greater weight to evidence that is quantitative, performance-based, or provided by an independent entity with relevant expertise. (iii) A resiliency plan must explain the expected benefits of the resiliency measures including, as applicable, reduced system restoration costs, reduction in the frequency or duration of outages for customers. and any improvement in the overall service reliability for customers, including the classes of customers served and any critical load designations.(iv) The electric utility must identify if a resiliency measure is a coordinated effort with federal, state, or local government programs or may benefit from any federal, state, or local government funding opportunities. (v) The resiliency plan must explain the selection of each measure over any reasonable and readily-identifiable alternatives. The resiliency plan must contain sufficient analysis and evidence, such as cost or performance comparisons, to support the selection of each measure. In selecting between measures, whether a measure would support the plan's systematic approach may be considered.(vi) The resiliency plan must identify any measures that may require a transmission system outage to implement. The electric utility must coordinate with its independent system operator before implementing these measures. Upon request, the electric utility must provide its independent system operator, using mutually-agreed to transfer and data security procedures, a complete copy of its resiliency plan. (B) Resiliency events. (i) A resiliency plan must define identify and describe each type of resiliency event and any associated resiliency-related risks the plan is designed to prevent, withstand, mitigate, or more promptly recover from. A resiliency event may be defined using an established definition (e.g., a hurricane) or a plan- or measure-specific definition based on the risks posed by that type of event to the electric utility's systems (e.g. flooding of a specified depth). Each type of resiliency event must be defined with sufficient detail to allow the electric utility or commission to determine whether an actual set of circumstances qualifies as a resiliency event of that type. (ii) If appropriate, one or more magnitude thresholds must be included in the definition of a resiliency event type based on the risks posed to the electric utility's systems by that type of event. A resiliency plan may establish multiple magnitude thresholds for a single type of resiliency event (e.g., categories of hurricanes) when necessary to conduct a more granular analysis of the risks posed by the event and the options available to prevent, withstand, mitigate, or more promptly recover from them. (iii) The resiliency plan must include a description of the system characteristics that make the electric utility's transmission and distribution systems susceptible to each identified resiliency event type. (iv) A resiliency plan must provide sufficient evidence to support the presence of and risk posed by each identified resiliency event. The resiliency plan must provide historical evidence of the electric utility's experience with, if applicable, and forecasted risk of the identified event type, including whether the forecasted risk is specific to a particular system or geographic area. In assessing the presence and risk posed by each resiliency event, the commission will give great weight to any studies conducted by an independent system operator or independent entity with relevant expertise. (C) Evaluation metric or criteria. Each measure in the resiliency plan must include a proposed metric or criteria for evaluating the effectiveness of that measure in preventing, withstanding, mitigating, or more promptly recovering from the risks associated with the resiliency event it is designed to address. (i) The resiliency plan must explain the appropriateness of the selected evaluation metric or criteria. (ii) For an evaluation metric or criteria that is not quantitative, the resiliency plan must explain why quantitative evaluation of the effectiveness of that measure is not possible. (iii) The resiliency plan must also include an estimate or analysis of the expected effectiveness of each measure using the selected evaluation metric or criteria. (D) If a resiliency plan includes measures that are similar to other existing programs or measures, such as a storm hardening plan under §25.95 of this title (relating to Electric Utility Infrastructure Storm Hardening) or a vegetation management plan under §25.96 of this title (relating to Vegetation Management), or programs or measures otherwise required by law, the electric utility must distinguish the measures in the resiliency plan from these programs and measures and, if appropriate, explain how the related items work in conjunction with one another. (E) A resiliency plan must be implemented using a systematic approach over a period of at least three years. The resiliency plan must explain this systematic approach and provide implementation details for each of the plan's measures, including estimated capital costs, estimated operations and maintenance expenses, an estimated timeline for completion, and, when practicable and appropriate, estimated net salvage value (value of the retired asset less depreciation and cost of removal) and remaining service lives of any assets expected to be retired or replaced by resiliency-related investments. The resiliency plan should identify relevant cost drivers (e.g., line miles, frequency of inspections, frequency of trim cycles, etc.) that would affect the estimates.(F) A utility may deviate from the implementation schedule specified in an approved plan if its independent system operator has not approved an outage that would be required to timely implement the plan.(G) The resiliency plan must include an executive summary or comprehensive chart that explains the plan objectives, the resiliency events or related risks the plan is designed to address, the plan's proposed resiliency measures, the proposed metrics or criteria for evaluating the plans' effectiveness, the plan's cost and benefits, and how the overall plan is in the public interest.(3) An electric utility may designate portions of the resiliency plan as critical energy infrastructure information, as defined by applicable law, and file such portions confidentially. (d) Commission processing of resiliency plan.(1) Notice and intervention deadline. By the day after it files its application, the electric utility must provide notice of its filed resiliency plan, including the docket number assigned to the resiliency plan and the deadline for intervention, in accordance with this paragraph. The intervention deadline is 30 days from the date service of notice is complete. The notice must be provided using a reasonable method of notice, to: (A) all municipalities in the electric utility's service area that have retained original jurisdiction;(B) all parties in the electric utility's base-rate proceeding;(C) if the resiliency plan is filed by an electric utility operating in an area in Texas that is open to competition and includes a request for a resiliency cost recovery rider, each retail electric provider that is authorized by the registration agent to provide service in the electric utility's service area;(D) the Office of Public Utility Counsel. Notice delivered to the Office of Public Utility Counsel must include a copy of the resiliency plan, excluding critical energy infrastructure information; and (E) the independent system operator. Notice delivered to the utility's independent system operator must include a copy of the resiliency plan, excluding critical energy infrastructure information. (2) Sufficiency of resiliency plan. An application is sufficient if it includes the information required by subsection (c) of this section and the electric utility has filed proof that notice has been provided in accordance with this subsection. (A) Commission staff must review each resiliency plan for sufficiency and file a recommendation on sufficiency within 28 calendar days after the resiliency plan is filed. If commission staff recommends the resiliency plan be found deficient, commission staff must identify the deficiencies in its recommendation. The electric utility will have seven calendar days to file a response. (B) If the presiding officer concludes the resiliency plan is deficient, the presiding officer will file a notice of deficiency and cite the particular requirements with which the resiliency plan does not comply. The presiding officer must provide the electric utility an opportunity to amend its resiliency plan. Commission staff must file a recommendation on sufficiency within 10 calendar days after the filing of an amended resiliency plan, when the amendment is filed in response to an order concluding that material deficiencies exist in the resiliency plan. (C) If the presiding officer has not filed a written order concluding that material deficiencies exist in the resiliency plan within 14 working days after a deadline for a recommendation on sufficiency, the resiliency plan is deemed sufficient.(3) The commission will approve, modify, or deny a resiliency plan not later than 180 days after a complete resiliency plan is filed. A resiliency plan is complete once it is deemed sufficient in accordance with this subsection. The presiding officer must establish a procedural schedule that will enable the commission to approve, modify, or deny the plan not later than 180 days after a complete plan is filed. If the resiliency plan is determined to be materially deficient, the presiding officer must toll the 180-day deadline until a complete application is filed. (4) Commission review of resiliency plan. In determining whether to approve, deny, or modify a plan, the commission will consider: (A) the extent to which the plan is expected to enhance system resiliency, including whether the plan prioritizes areas of lower performance;(B) the estimated costs of implementing the measures proposed in the plan; and(C) whether the plan is in the public interest. The commission will not approve a plan that is not in the public interest. In evaluating the public interest, the commission may consider:(i) the extent to which the plan is expected to enhance system resiliency, including:(I) the verifiability and severity of the resiliency risks posed by the resiliency events the resiliency plan is designed to address;(II) the extent to which the plan will enhance resiliency of the electric utility's system, mitigate system restoration costs, reduce the frequency or duration of outages, or improve overall service reliability for customers during and following a resiliency event; (III) the extent to which the resiliency plan prioritizes areas of lower performance;(IV) the extent to which the resiliency plan prioritizes critical load as defined in §25.52 of this title (relating to Reliability and Continuity of Service); (ii) the estimated time and costs of implementing the measures proposed in the resiliency plan;(iii) whether there are more efficient, cost-effective, or otherwise superior means of preventing, withstanding, mitigating, or more promptly recovering from the risks posed by the resiliency events addressed by the resiliency plan; or(iv) other factors deemed relevant by the commission. (5) The commission's denial of a resiliency plan is not a finding on the prudence or imprudence of a measure or estimated cost in the resiliency plan. Upon denial of a resiliency plan, an electric utility may file a revised resiliency plan for review and approval by the commission.(e) Good cause exception. An electric utility must implement each measure in its most recently approved resiliency plan unless the commission grants a good cause exception to implementing one or more measures in the plan. The commission may grant a good cause exception if the electric utility demonstrates that operational needs, business needs, financial conditions, or supply chain or labor conditions dictate the exception, or if the electric utility has a pending application for a revised resiliency plan that addresses the same resiliency events.(f) Resiliency Plan Cost Recovery. A utility may request cost recovery for costs associated with a resiliency plan approved under this section that are not otherwise included in the utility's rates. If a utility that files a resiliency plan with the commission does not apply for a rider or rates to recover resiliency plan costs under paragraph (1) of this subsection, after commission review and approval of the resiliency plan, the utility may defer all or a portion of the distribution-related costs relating to the implementation of the resiliency plan for recovery as a regulatory asset under paragraph (2) of this subsection, or in a base-rate proceeding. The regulatory asset may include associated depreciation expense and carrying costs at the utility's weighted average cost of capital established in the commission's final order in the utility's most recent base-rate proceeding in a manner consistent with PURA Chapter 36. (1) Resiliency Cost Recovery Rider. This paragraph provides a mechanism for an electric utility to request to recover certain resiliency-related costs through a resiliency cost recovery rider (RCRR) outside of a base-rate proceeding or a distribution cost recovery proceeding as part of a resiliency plan approved under this section, consistent with Public Utility Regulatory Act (PURA) §38.078(i). (A) RCRR Requirements. The RCRR rate for each rate class, and any other terms or conditions related to those rates, will be specified in a rider to the utility's tariff.(i) An electric utility must not have more than one RCRR.(ii) An electric utility with an existing RCRR may apply to amend the RCRR to include additional costs associated with an updated resiliency plan under PURA §38.078(g).(iii) An electric utility may request an RCRR established under this section take effect at any time, except that before an RCRR established under this section may take effect:(I) all distribution investment included in the RCRR must be providing service to the electric utility's customers, and (II) the commission must approve RCRR rates in accordance with clause (iv) of this subparagraph. (iv) An electric utility must submit a separate application requesting RCRR rates. (I) The utility must provide notice of its application, using a reasonable method of notice, to the parties listed in subsection (d)(1) of this section. (II) The RCRR rate request must include: the final amount of resiliency-related distribution invested capital closed to plant and in service to be included in the RCRR rates, values necessary to calculate RCRR rates, attachments demonstrating the calculation of RCRR rates consistent with this section, and workpapers supporting the application. (III) The commission will enter a final order on the application for RCRR rates under this section not later than the 60th day after the date the complete updated request is filed. The commission may extend the deadline for not more than 30 days for good cause.(v) An electric utility must provide notice, using a reasonable method of notice, of the approved rates and effective date of the approved rates to retail electric providers that are authorized by the registration agent to provide service in the electric utility's distribution service area not later than the 45th day before the date the rates take effect.(vi) As part of its next base-rate proceeding or distribution cost recovery factor proceeding for the electric utility, the electric utility may request to include its remaining unrecovered costs included in its RCRR in that proceeding and must request that RCRR rates be set to zero as of the effective date of rates resulting from that proceeding.(B) Calculation of RCRR Rates. The RCRR rate for each rate class must be calculated according to the provisions of this subparagraph and subparagraphs (C) and (D) of this paragraph.(i) The RCRR rate for each rate class will be calculated using the following formula: RCRRCLASS = RRCLASS / BDC-CLASS (ii) The values of the terms used in this paragraph will be calculated as follows:(I) RRCLASS = RRTOT * ALLOCC-CLASS (II) RRTOT = ((RND­C­ * RORRC ) + RDDEPR + RNDCFIT + RDOT) - IDCCR(III) ALLOCC-CLASS = ALLOCRC-CLASS * (BDC-CLASS / BDRC-CLASS ) / &Sgr (ALLOCRC-CLASS * (BDC-CLASS / BDRC-CLASS ))(IV) IDCCR = &Sgr (DISTREVRC-CLASS * %GROWTHCLASS ) - DCRFLGA(V) DISTREVRC-CLASS = (DICRC-CLASS * RORAT ) + DEPRRC-CLASS + FITRC-CLASS + OTRC-CLASS with the variables in this formula as defined in §25.243 of this title.(VI) %GROWTHCLASS = The greater of ((BDC-CLASS - BDRC-CLASS ) / BDRC-CLASS ) or zero.(iii) The terms used in this paragraph represent or are defined as follows:(I) Descriptions of calculated values.(-a-) RCRRCLASS -- RCRR rate for a rate class.(-b-) RRCLASS -- RCRR class revenue requirement.(-c-) RRTOT -- Total RCRR Texas retail revenue requirement.(-d-) ALLOCC-CLASS -- RCRR class allocation factor for a rate class.(-e-) IDCCR -- Incremental distribution capital cost recovery.(-f-) DISTREVRC-CLASS -- Distribution Revenues by rate class based on Net Distribution Invested Capital from the most recently completed comprehensive base-rate proceeding. (-g-) %GROWTHCLASS - Growth in billing determinants by class.(II) RCRR billing determinants and distribution investment values.(-a-) BDC-CLASS -- RCRR billing determinants.(-b-) RNDC -- Resiliency-related net distribution invested capital.(-c-) RDDEPR -- Resiliency-related distribution invested capital depreciation expense.(-d-) RNDCFIT -- Federal income tax expense associated with the return on the resiliency-related net distribution invested capital.(-e-) RDOT -- Other revenue-related tax expense associated with the resiliency-related net distribution invested capital as well as appropriate associated ad valorem tax expense.(III) Baseline values. The following values are based on those values used to establish rates in the electric utility's most recent base-rate proceeding or distribution cost recovery factor proceeding, or if an input to the RCRR calculation from the electric utility's most recently completed base-rate proceeding is not separately identified in that proceeding, it will be derived from information from that proceeding:(-a-) BDRC-CLASS -- Rate class billing determinants used to establish distribution base rates in the most recently completed base-rate proceeding. Energy-based billing determinants will be used for those rate classes that do not include any demand charges, and demand-based billing determinants will be used for those rate classes that include demand charges.(-b-) RORRC -- After-tax rate of return approved by the commission in the electric utility's most recently completed base-rate proceeding.(-c-) ALLOCRC-CLASS -- Rate class allocation factor value determined under the provisions of subparagraph (C) of this paragraph.(-d-) DCRFLGA -- The value of &Sgr(DISTREVRC-CLASS * %GROWTHCLASS ) in the most recent distribution cost recovery factor proceeding for the utility since its most recently completed base-rate proceeding, or zero if there are no distribution cost recovery factor proceedings since the utility's most recently completed base-rate proceeding.(C) Class allocation factors. For calculating RCRR rates, the baseline rate-class allocation factors used to allocate distribution invested capital in the most recently completed base-rate proceeding will be used.(D) Customer classification. For the purposes of establishing RCRR rates, customers will be classified according to the rate classes established in the electric utility's most recently completed base-rate proceeding.(2) Distribution Cost Recovery Factor. This paragraph provides a mechanism for an electric utility to request to recover certain resiliency-related costs deferred as a regulatory asset as part of a distribution cost recovery factor proceeding under §25.243 of this title (relating to Distribution Cost Recovery Factor (DCRF)), consistent with PURA §38.078(k).(A) Notwithstanding the existing requirements of §25.243 of this title, a utility eligible to request a distribution cost recovery factor under §25.243 of this title must, as part of an application under §25.243 of this title, request to include any resiliency-related costs deferred as a regulatory asset under this subsection in its DCRF rates.(B) DCRF rates established consistent with this paragraph must be calculated in a manner identical to the DCRF rates described in §25.234 of this title, with the exception that the DCRF rate for each rate class must be calculated using the following formula: ((DICC - DICRC ) * RORAT ) + (DEPRC - DEPRRC ) + (FITC - FITRC ) + (OTC - OTRC ) + RAMORT - &Sgr (DISTREVRC-CLASS * %GROWTHCLASS )] * ALLOCCLASS / BDC-CLASS Where the value of RAMORT must be equal to a reasonable annual amortization amount of the resiliency-related regulatory asset.(C) Upon the establishment of an DCRF rate under this paragraph, the resiliency-related regulatory asset balance will be reduced at an annual rate by the value of RAMORT.(3) Reconciliation.(A) Resiliency-related amounts recovered through rates approved under this subsection are subject to reconciliation in the first base-rate proceeding for the electric utility that is filed after the effective date of the rates. As part of the reconciliation, the commission will determine if the resiliency-related costs are reasonable, necessary, and prudent.(B) Any amounts recovered through rates approved under this subsection that are found to have been unreasonable, unnecessary, or imprudent, plus the corresponding return and taxes, must be refunded with carrying costs. In any proceeding in which the commission determines that a utility has included in rates any amounts deemed unreasonable, unnecessary, or imprudent, the commission may order a compliance proceeding to determine the amounts and manner of any necessary refunds to ratepayers, including carrying costs. Carrying costs will be determined as follows:(i) For the time period beginning with the date on which over-recovery is determined to have begun to the effective date of the electric utility's base rates set in the base-rate proceeding in which the costs are reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the same rate of return that was applied to the resiliency costs included in rates.(ii) For the time period beginning with the effective date of the electric utility's rates set in the base-rate proceeding in which the costs are reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the electric utility's rate of return authorized in that base-rate proceeding.(D) In any base-rate proceeding in which resiliency-related costs are being reconciled, the electric utility must separately include as part of its base-rate application testimony, schedules and workpapers sufficient to enable a comprehensive review of all resiliency-related costs included in each and every rider under this subsection that have not yet been reconciled. Such information must include, but is not limited to, the dates when the individual resiliency-related projects began providing service to the public, as well as the costs associated with the individual resiliency-related projects.(g) Reporting requirements. An electric utility with a commission-approved resiliency plan must file an annual resiliency plan report by May 1 of each year, beginning the year after the plan is approved. The annual resiliency plan report must include the following information:(1) until the resiliency plan is fully implemented, an implementation status update consisting of:(A) a list of each resiliency plan measure completed in the prior calendar year, and the actual capital costs and operations and maintenance expenses incurred in the prior year attributable to each measure; (B) a list of each resiliency plan measure scheduled for completion in the upcoming year, and an estimate of capital costs and operations and maintenance expenses for each resiliency plan measure scheduled for completion in the upcoming calendar year; and (C) an explanation for any material changes in the implementation timeline or costs associated with implementing the resiliency plan; and(2) until the third anniversary of the plan being fully implemented, a resiliency benefit update consisting of: (A) a report on the occurrence of any resiliency events the resiliency plan or a previously-implemented resiliency plan was intended to address, including a comparison of the frequency and magnitude of these events with any projections contained in the resiliency plan or a resiliency plan previously-implemented by the electric utility;(B) an evaluation of the effectiveness of each implemented resiliency plan measure in preventing, withstanding, mitigating, or more promptly recovering from the risks posed by any resiliency events that measure was implemented to address. This evaluation must include an analysis using the metric or criteria contained in the resiliency plan for that measure, and a comparison of the measure's actual effectiveness with its projected effectiveness. (C) an update on the expected impact of implemented resiliency plan measures, as appropriate for each measure, on system restoration costs, reduction in the frequency or duration of outages for customers at the location for which a resiliency plan was implemented, and any improvement in the overall service reliability for customers. (3) When submitting an updated resiliency plan, the utility must include in the evidence supporting the plan, any information from prior resiliency benefit updates related to previously-approved measures designed to address the same or similar resiliency risks. (4) An electric utility is required to maintain records associated with the information referred to in this subsection for five years, beginning the year after the plan is approved. Upon request by commission staff an electric utility must provide any additional information and updates on the status of the resiliency plan submitted.", "sourceNote": "Source Note: The provisions of this §25.62 adopted to be effective February 8, 2024, 49 TexReg 522." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227236", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§25.65", "label": "Firming Program Requirements for Electric Generation Facilities in the ERCOT Region" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "79495", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. The performance requirements set forth in this section apply to an electric generation facility in the ERCOT region: (1) for which an original standard generation interconnection agreement is signed on or after January 1, 2027; and (2) that has been in operation for at least one year prior to the beginning of a season.(b) Definitions. The following words and terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Baseline period--A daily set of hours encompassing all seasonal morning and evening ramp hours, as determined by ERCOT, and any additional high-risk hours identified in each season as part of ERCOT's annual North American Electric Reliability Corporation (NERC) Probabilistic Assessment.(2) Electric generation facility--A generation resource, as that term is defined in the ERCOT protocols. (3) Distribution energy storage resource--A distribution energy storage resource, as that term is defined in the ERCOT protocols. (4) Distribution generation resource--A distribution generation resource, as that term is defined in the ERCOT protocols. (5) Energy storage resource--An energy storage resource, as that term is defined in the ERCOT protocols.(6) In operation--The date when ERCOT approves the electric generation facility for commercial operation. (7) Interval--Each instance in which security constrained economic dispatch (SCED) runs.(8) Load resource--A load resource, as that term is defined in the ERCOT protocols. (9) Low operation reserve hour--An hour within the baseline period when the physical responsive capability (PRC) falls below 3,000 MW for at least 15 minutes.(10) Owner or operator--A resource entity that owns or operates an electric generation facility represented by a qualified scheduling entity.(11) Qualified scheduling entity (QSE)--A qualified scheduling entity, as that term is defined in the ERCOT protocols, that represents an electric generation facility on behalf of an owner or operator for operational and settlement purposes.(12) Season--Winter (December 1 through February 29), Spring (March 1 through May 31), Summer (June 1 through September 30), and Fall (October 1 through November 30).(13) Seasonal average generation capability--The seasonal rated capacity of the electric generation facility at the beginning of the relevant season multiplied by the lesser of 0.75 and the average of the ratio of real-time telemetered high sustained limit (HSL) to the seasonal rated capacity of the electric generation facility across all intervals of the same season during the prior five years. (14) Seasonal rated capacity--The maximum generating capability of an electric generation facility, expressed in MW, that an electric generation facility can sustain under expected ambient conditions for a given season, as determined by ERCOT at the start of that season, according to the value that the electric generation facility reported to ERCOT. (15) Self-generator--An entity registered with the commission as a self-generator.(16) Settlement-only generator--A settlement-only generator, as that term is defined in the ERCOT protocols. (c) Pre-season calculation and notices. (1) Seasonal average generation capability calculation. (A) ERCOT must calculate the seasonal average generation capability for each electric generation facility subject to the performance requirements under this section using the following formula:Attached Graphic(i) Where: (ii) SAGC = seasonal average generation capability. (iii) HSL = high sustained limit.(iv) SRC = seasonal rated capacity. (v) The first term in the minimum function calculates the ratio of real-time telemetered HSL and SRC across all intervals (i) that occurred during the prior five years of the same season ( denotes the total number of such intervals); if less than five years of operating data exists, all available data from the same season must be used. The minimum of this ratio and 0.75 is multiplied by the SRC at the start of the compliance season (SRCt ) to determine SAGC. The second term in the minimum function (0.75) effectively creates an upper bound on the resulting SAGC.(B) The seasonal average generation capability must be specific to each electric generation facility and not a uniform value applied to all electric generation facilities. (2) Notice of seasonal average generation capability. Prior to each season, ERCOT must notify the QSE representing an electric generation facility of the facility's seasonal average generation capability for the upcoming season. (3) Notice of baseline period. Prior to each season, ERCOT must provide public notice of the baseline period for the upcoming season.(d) Performance requirement. Each season, an electric generation facility must operate or be available to operate at or above the facility's seasonal average generation capability when called on for dispatch during a low operation reserve hour that occurs within a baseline period. The low operation reserve hours are limited to a maximum of 15 hours per season. There is no performance requirement in a season that does not experience a low operation reserve hour. The performance requirements set forth in this subsection do not apply to:(1) an energy storage resource;(2) a resource that operates as a must-run alternative unit, as that term is defined in the ERCOT protocols;(3) a resource that operates as a reliability must-run unit, as that term is defined in the ERCOT protocols;(4) a resource that is contracted with ERCOT to provide capacity under ERCOT Protocol Section 6.5.1.1;(5) a settlement-only generator;(6) a self-generator; or(7) an electric generation facility that is co-located with a load in a private use network provided that more than 50% of the electric generation facility's nameplate capacity is dedicated to serving the load within the private use network.(e) Firming.(1) Firming to meet performance requirement. The owner or operator of an electric generation facility may satisfy the facility's performance requirements under this section by entering into a trade arrangement with a firming resource. A trade arrangement may be for a firming resource represented by the same QSE that represents the electric generation facility that is subject to the performance requirements or for a firming resource represented by a QSE that is different from the QSE that represents the electric generation facility that is subject to the performance requirements. Firming resources may be located on-site at the electric generation facility or off-site. The following resource types are eligible to provide firming service: (A) another electric generation facility; (B) an energy storage resource; (C) a distribution generation resource that is registered with ERCOT;(D) a distribution energy storage resource that is registered with ERCOT; or(E) a load resource.(2) Capacity available to provide firming service. (A) An electric generation facility, including an existing electric generation facility that is not subject to the performance requirements under this section, may provide firming service equal to the facility's average high sustained limit in a given hour, across all intervals in which the facility was available (i.e., showing any status other than OUT), less the facility's own seasonal average generation capability. (B) An energy storage resource, a distribution generation resource that is registered with ERCOT, and a distribution energy storage resource that is registered with ERCOT may provide firming service equal to the resource's average high sustained limit in a given hour, across all intervals in which the facility was available (i.e., showing any status other than OUT).(C) A load resource may provide firming service equal to its average consumption in a low operation reserve hour, adjusted for any ERCOT deployments, less its low power consumption in that hour.(3) Firming obligation. A QSE representing a firming resource that provides firming service for an electric generation facility that is subject to the performance requirements under this section assumes a firming obligation, including the financial penalties associated with the performance requirements for that obligation.(4) Disclosure to ERCOT. A QSE that satisfies the performance requirements under this section by providing firming service to an electric generation facility through a trade arrangement must disclose the arrangement to ERCOT and provide ERCOT with any additional information reasonably required for ERCOT to perform its duties under this section, including confirmation by both parties to the arrangement. (f) Financial penalty and financial incentive. (1) Financial penalty. ERCOT must impose a financial penalty on a QSE representing an electric generation facility that fails to satisfy its performance requirements under this section. The QSE representing a firming resource that assumes a firming obligation is subject to a financial penalty if the firming resource fails to satisfy the performance requirements subject to the obligation. (A) A financial penalty imposed by ERCOT must be 20% of the system-wide offer cap that is in effect for each MWh of deficiency. (B) In seasons in which more than 15 low operation reserve hours occur during the seasonal baseline period, only the 15 low operation reserve hours with the lowest levels of PRC are subject to the financial penalty under this section.(2) Financial penalty exemption.(A) An electric generation facility is exempt from assignment of a financial penalty under this section if the facility is unavailable during the applicable hour due to:(i) a planned maintenance outage, opportunity outage, or derate that was approved by ERCOT; (ii) a transmission outage; (iii) a market suspension, as that term is defined in the ERCOT protocols; or (iv) a derate or outage to satisfy environmental compliance requirements. (B) A switchable generation resource that is committed to a neighboring independent system operator or regional transmission operator for the applicable hour is exempt from assignment of a financial penalty under this section for that hour. (C) The portion of capacity of an electric generation facility that is awarded energy or ancillary services in the day ahead market is exempt from assignment of a financial penalty during the applicable hour. (D) An electric generation facility that is awarded an ancillary service or reliability service that has an associated penalty or claw back for failure to perform during the applicable hour is exempt from assignment of a financial penalty under this section for the portion of capacity that is awarded an ancillary service or reliability service.(E) A firming obligation assumed by a firming resource through a trade arrangement with the owner or operator of an electric generation facility that is subject to the performance requirements under this section is not eligible for a financial penalty exemption for the hour that the resource has taken on that obligation. (3) Financial incentive. ERCOT must provide a financial incentive to the QSE representing an electric generation facility that is subject to the performance requirements of this section if the electric generation facility operates or is available to operate above the seasonal average generation capability when called on for dispatch during a low operation reserve hour that occurs within a baseline period, as required under subsection (d) of this section. (A) The total financial incentives provided under this subsection each season must not exceed the total financial penalties imposed each season for low operation reserve hours occurring within the baseline period. No financial incentives may be awarded in a season in which no financial penalties are imposed by ERCOT.(B) A financial incentive provided to the QSE representing an eligible electric generation facility must be based on the total financial penalties imposed divided by the sum of all MWh exceeding the performance requirements of eligible electric generation facilities and allocated to the QSE representing an eligible electric generation facility based on the facility's share of the MWh that exceed the performance requirements. The financial incentive that is provided to the QSE representing an eligible electric generation facility must not exceed $1,000 per MWh that exceed the performance requirements. The financial incentive must be calculated using the following formula:Attached Graphic(i) Where:(ii) FIj= financial incentive provided to the QSE representing an eligible electric generation facility (j).(iii) TFP (Total Financial Penalties) = the sum of all financial penalties imposed by ERCOT during a season.(iv) &dgrj= MWh exceeding the performance requirement by an eligible electric generation facility (j).(v) ∆ = the sum of all &dgrj for each eligible electric generation facility.(C) An electric generation facility that is not subject to the performance requirements under this section is not eligible for assignment of a financial incentive for that facility's performance under this subsection.(D) An electric generation facility that also serves as a firming resource to satisfy the performance requirements of another electric generation facility is not eligible for assignment of a financial incentive for any over-performance used to satisfy its firming obligation as a firming resource.(E) If the amount of financial penalties collected from QSEs representing electric generation facilities under subsection (f)(1) of this section exceeds the amount paid out in financial incentives, any excess funds must be allocated to load serving entities based on each load serving entity's average load ratio share across the season.(g) Tracking Mechanism. ERCOT must develop a tracking mechanism that allows a QSE representing an electric generation facility that is subject to the performance requirements under this section to meet those performance requirements with a firming resource that assumes a firming obligation for that electric generation facility. (1) ERCOT must develop processes to confirm a trade arrangement by which a firming resource assumes a firming obligation. (2) If ERCOT is unable to confirm a trade arrangement by which a firming resource assumes a firming obligation, ERCOT must notify the parties to the arrangement. (3) The obligation to meet the performance requirements and the risk for financial penalty under this section remains with the original electric generation facility required to meet the performance requirements if ERCOT cannot confirm the trade arrangement by which the firming resource assumes a firming obligation for the electric generation facility subject to the performance requirements.(h) Financial settlement. ERCOT must settle with the QSE that represents the electric generation facility that is subject to the performance requirements under this section or the QSE that represents the firming resource that assumes a firming obligation under this section. After each season, ERCOT must:(1) notify the QSE representing an electric generating facility under this section if the electric generation facility was long or short, net of trade arrangements disclosed to ERCOT during the low operation reserve hours that occurred within the baseline period in the prior season;(2) impose financial penalties on the QSEs representing electric generating facilities that are net short; and (3) provide financial incentives to the QSEs representing electric generating facilities that are net long in a season in which financial penalties are imposed. (i) Post-season report. Not later than 75 days after each season in which there were low operation reserve hours and the performance requirements were triggered, ERCOT must file a post-season report with the commission summarizing qualifying hours, settled financial penalties and financial incentives, and predominant causes for exemptions. ERCOT may file the post-season report with the quarterly reports that ERCOT is required to file under §25.362(i)(3) (relating to Electric Reliability Council of Texas (ERCOT) Governance).(j) Protocols. ERCOT must develop protocols in consultation with commission staff to implement this rule before the effective date that the statute requires an electric generation facility to begin complying with the performance requirements set forth in this section. The protocols developed by ERCOT must identify how performance will be validated for a distribution generation resource, an energy storage resource, and a load resource that assumes a firming obligation.", "sourceNote": "Source Note: The provisions of this §25.65 adopted to be\r\neffective January 8, 2026, 51 TexReg 68." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "79495", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.71", "label": "General Procedures, Requirements and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "96016", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Who shall file. The record-keeping, reporting, and filing requirements listed in this subchapter shall apply to all electric utilities operating in the State of Texas. This subchapter does not apply to municipally owned utilities or electric cooperatives unless otherwise specified. Moreover, the provisions of this subchapter are applicable to all services provided by the reporting entity.(b) Initial reporting. Unless otherwise specified in a section of this subchapter, periodic reporting shall commence as follows:(1) Quarterly reporting. For records, reports and other required information under this chapter, reporting shall begin with an initial filing for the first fiscal quarter for which information is available.(2) Annual Reporting. For all reports and other required information under this chapter, reporting shall begin with an initial filing for the most recent fiscal year ending on or prior to April 30 of the first year the record, report or other required information must be filed with the commission.(c) Maintenance and location of records. Records, books, accounts, or memoranda required of an electric utility, as defined in the Public Utility Regulatory Act, §31.002(6), may be kept outside the State of Texas so long as those records, books, accounts, or memoranda are returned to the state for any inspection by the commission that is authorized by the Public Utility Regulatory Act.(d) Report attestation. All reports submitted to the commission shall be attested to by an officer or manager of the electric utility or electric cooperative under whose direction the report is prepared, or if under trust or receivership, by the receiver or a duly authorized person, or if not incorporated, by the proprietor, manager, superintendent, or other official in responsible charge of the electric utility's or the electric cooperative's operation.(e) Information omitted from reports. The commission may waive the reporting of any information required in this subchapter if it determines that it is either impractical or unduly burdensome for any electric utility or electric cooperative to furnish the requested information. If any such information is omitted by permission of the commission, a written explanation of the omission must be included in the report.(f) Due dates of reports. All periodic reports must be received by the commission on or before the following due dates unless otherwise specified in this subchapter.(1) Monthly reports: 45 days after the end of the reported period.(2) Quarterly reports other than shareholder reports: 45 days after the end of the reported period.(3) Semi-annual reports: 45 days after the end of the reported period.(4) Annual earnings report: May 15 of each year.(5) Shareholder annual reports: seven days from the date of mailing the same to shareholders.(6) Securities and Exchange Commission Filings: 15 days from the initial filing date with the Securities and Exchange Commission.(7) Special or additional reports: as may be prescribed by the commission.(8) Annual reports required by §25.76 of this title (relating to Gross Receipts Assessment Report) shall be due August 15 of each year and shall reflect transactions for the previous July 1 through June 30 reporting period.(9) Annual reports required by §25.77 of this title (relating to Payments, Compensation, and Other Expenditures) shall be due June 1 of each year and shall reflect the transactions for the most recent calendar year.(g) Special and additional reports. Each electric utility shall report, on forms prescribed by the commission, special and additional information, as requested, that relates to the operation of the business of the electric utility. Electric cooperatives and municipally owned utilities may be required to file special or additional reports to the extent such information is necessary and is within the jurisdiction of the commission.(h) Penalty for refusal to file on time. In addition to penalties prescribed by law, and §22.246 of the title (relating to Administrative Penalties) the commission may disallow for rate making purposes the costs related to the activities for which information was requested and not timely filed.", "sourceNote": "Source Note: The provisions of this §25.71 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective June 28, 2000, 25 TexReg 6099." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "96016", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.72", "label": "Uniform System of Accounts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "79502", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each electric utility and electric cooperative shall keep uniform accounts, in accordance with this section, of all business transacted. The classification of electric utilities and electric cooperatives, index of accounts, definitions, and general instructions pertaining to each uniform system of accounts as amended from time to time shall be adhered to at all times, unless provided otherwise by these rules, or specifically permitted by the commission.(b) Classification. For the purposes of accounting and reporting to the commission under this subchapter, each electric utility or electric cooperative shall be classified as follows:(1) Major: electric utilities or electric cooperatives that had in each of the last three consecutive years sales or transmission service that exceeded any one or more of the following:(A) one million megawatt-hours of total sales;(B) 100 megawatt-hours of sales for resale;(C) 500 megawatt-hours of gross interchange out; or(D) 500 megawatt-hours of wheeling for others (deliveries plus losses).(2) Nonmajor: electric utilities or electric cooperatives that are not classified as \"major\" as defined in paragraph (1) of this subsection.(c) System of accounts. For the purpose of accounting and reporting to the commission, each electric utility and electric cooperative shall maintain its books and records in accordance with the following prescribed uniform system of accounts:(1) Major: uniform system of accounts as adopted and amended by the Federal Energy Regulatory Commission (FERC) for major electric utilities and electric cooperatives or other commission-approved system of accounts as will be adequately informative for all regulatory purposes.(2) Nonmajor: uniform system of accounts as adopted and amended by the FERC for nonmajor electric utilities and electric cooperatives or other commission-approved system of accounts as will be adequately informative for all regulatory purposes.(d) Other system of accounts. When an electric utility or electric cooperative has adopted a uniform system of accounts required or approved by a state or federal agency other than the FERC (e.g., United States Department of Agriculture - Rural Utilities Service), that system of accounts may be adopted by the electric utility or electric cooperative after notification to the commission.(e) Merchandise accounting. Each electric utility and electric cooperative shall keep separate accounts to show all revenues and expenses resulting from the sale or lease of appliances, fixtures, equipment, directory advertising, or other merchandise.(f) Accounting period. Each electric utility and electric cooperative shall keep its books on a monthly basis so that for each month all transactions applicable thereto shall be entered in the books of the electric utility or electric cooperative.(g) Rules related to capitalization of construction costs. Each electric utility and electric cooperative shall accrue allowance for funds used during construction on construction work in progress to the extent not included in rate base. In the event construction work in progress is included in rate base pursuant to the rules in §25.231(c)(2)(D) of this title (relating to Cost of Service), capitalization of allowance for funds used during construction for electric utilities and electric cooperatives shall be discontinued to the extent construction work in progress is included.", "sourceNote": "Source Note: The provisions of this §25.72 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective June 28, 2000, 25 TexReg 6099; amended to be effective August 19, 2002, 27 TexReg 7520." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "79502", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.73", "label": "Financial and Operating Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "153209", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Annual reports.(1) Each electric utility shall file with the commission the same annual report required by the Federal Energy Regulatory Commission (FERC). Such annual reports shall be filed with the commission on the same dates as required to be filed with the FERC. Major electric utilities that are not required to file such reports shall file with the commission an annual report on the form prescribed by the FERC.(2) Each electric utility holding company subject to annual reporting to the Securities and Exchange Commission and each electric utility shall file with the commission three copies of its annual report to shareholders and customers. Unless included in the annual report to shareholders and customers, each electric utility shall file concurrently with the filing of such report three copies of any audited financial statements that may have been prepared on its behalf.(b) Annual earnings report. Each electric utility not required to file an Annual Report pursuant to the Public Utility Regulatory Act (PURA) §39.257 shall file with the commission, on commission-prescribed forms, an earnings report providing the information required to enable the commission to properly monitor electric utilities within the state. Each transmission service provider shall file with the commission a report that will permit the commission to monitor its transmission costs and revenues pursuant to §25.193(a)(5) of this title (relating to Procedures for Modifying Transmission Rates).(1) Each electric utility shall report information related to the most recent calendar year as specified in the instructions to the report.(2) Each electric utility shall file three copies of the commission-prescribed earnings report and shall electronically transmit one copy of the report no later than the date prescribed in §25.71(f)(4) of this title (relating to General Procedures, Requirements and Penalties).(c) Securities and Exchange Commission reports. Each electric utility and electric utility holding company subject to reporting requirements of the Securities and Exchange Commission shall file three copies of each required report with the commission. Three copies of each such report including 10-Ks, 10-Qs, 8-Ks, Annual Reports, and Registration Statements filed with the Securities and Exchange Commission shall be submitted to the commission no later than 15 days from the initial filing date with the Securities and Exchange Commission.(d) Duplicate information. An electric utility shall not be required to file with the commission forms or reports which duplicate information already on file with the commission.", "sourceNote": "Source Note: The provisions of this §25.73 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective June 28, 2000, 25 TexReg 6099." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "153209", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.74", "label": "Report on Change in Control, Sale of Property, Purchase of Stock, or Loan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Public Utility Regulatory Act (PURA) §39.262(l) - (m) and §39.915, an electric utility must report to and obtain approval of the commission before closing any transaction in which:(1) the electric utility will be merged or consolidated with another electric utility;(2) at least 50% of the stock of the electric utility will be transferred or sold; or(3) a controlling interest or operational control of the electric utility will be transferred.(b) Pursuant to PURA §14.101(a)(1), an electric utility shall not sell, acquire, or lease a plant as an operating unit or system in the State of Texas for a total consideration of more than $10 million unless the electric utility reports such transaction to the commission at least one commission working day before the transaction closes. Pursuant to PURA §37.154, if the transaction involves the sale, assignment, or lease of a certificate of convenience and necessity (CCN) or a right obtained under a CCN, the electric utility must obtain commission approval of such CCN transfer.(c) An electric utility shall not purchase voting stock in another public utility doing business in the State of Texas unless the electric utility reports such purchase to the commission at least one commission working day before the transaction closes.(d) An electric utility shall not loan money, stocks, bonds, notes, or other evidence of indebtedness to any person who directly or indirectly owns or holds 5% or more of the stock of the electric utility unless the electric utility reports such transaction to the commission at least one commission working day before the transaction closes. A properly filed tariff or energy efficiency plan with respect to energy conservation loans available to customers will be considered adequate reporting to the commission.(e) This section does not apply to activities addressed by PURA §14.101(d) and §39.452(e).(f) This section applies to any transaction addressed by this section that has not closed, except for a transaction addressed by PURA §39.262(n) or §39.915(c).", "sourceNote": "Source Note: The provisions of this §25.74 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective June 28, 2000, 25 TexReg 6099; amended to be effective October 8, 2007, 32 TexReg 7045; amended to be effective October 11, 2011, 36 TexReg 6727." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226432", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.75", "label": "Annual Report on Dispatchable and Non-dispatchable Generation Facilities." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "79501", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This rule applies to all transmission service providers (TSPs) operating in the ERCOT region.(b) Report. Each TSP must annually submit to the commission costs to interconnect electric generating facilities, including battery storage facilities, and retail loads connected to the ERCOT transmission system at transmission level voltage as prescribed by a commission approved form. For 2025, each TSP must submit the required information by filing it on the interchange filer located on the commission's website by October 31, 2025. Starting in 2026, the required information must be submitted by October 15th of each year using the commission's compliance reporting portal unless another method of submission is provided by commission staff.", "sourceNote": "Source Note: The provisions of this §25.75 adopted to be\r\neffective October 22, 2025, 50 TexReg 6875." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "79501", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.76", "label": "Gross Receipts Assessment Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8414", "queryAsDate": "03/11/2026" }, "ruleBody": "Each electric utility, electric cooperative, and retail electric provider subject to the jurisdiction of the commission shall file a gross receipts assessment report with the state comptroller reflecting those gross receipts subject to the assessment as required by the Public Utility Regulatory Act on a form prescribed by the state comptroller. This report shall be required on an annual basis for those companies that have elected to remit their assessment annually and on a quarterly basis for those companies that have elected to remit their assessment quarterly. Such reports and assessments shall be remitted in accordance with the Public Utility Regulatory Act, Chapter 16, Subchapter A.", "sourceNote": "Source Note: The provisions of this §25.76 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective June 28, 2000, 25 TexReg 6099." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8414", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.77", "label": "Payments, Compensation, and Other Expenditures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26333", "queryAsDate": "03/11/2026" }, "ruleBody": "An annual report shall be filed with the commission providing information for each of the following classes of payments, compensation (other than salary or wages subject to the withholding of federal income tax) and expenditures made relating to matters in Texas, and detailing (by payee) each expenditure (and for the purposes of this section any series of expenditures) made to a single payee exceeding $500 for:(1) business gifts and entertainment;(2) institutional, consumption-inducing, and other advertising expenses;(3) public relations expenses;(4) legislative matters, including advocacy before any legislative body;(5) representation before any governmental agency or body, including municipalities;(6) legal expenses not accounted for in other categories of this subsection;(7) charitable, civic, religious, and political contributions and donations;(8) all dues or membership fees paid, including an identification of that portion of those dues or membership fees paid to a trade association, industry group, or other organization formed to advance, or whose activities are or become primarily directed toward advancing, utility interests, which relate to activities listed in paragraphs (1)-(7) of this section if known following reasonable inquiry by the utility; and(9) other expenses as deemed appropriate by the commission.", "sourceNote": "Source Note: The provisions of this §25.77 adopted to be effective September 8, 1998, 23 TexReg 9039." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26333", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.78", "label": "State Agency Utility Account Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "80179", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The requirements of this section shall apply to any electric utility, including a municipally-owned electric utility.(b) In this section, \"State agency\" shall have the following meaning:(1) any board, commission, department, office, or other agency in the executive branch of state government that is created by the constitution or a statute of the state;(2) an institution of higher education as defined by the Education Code §61.003, other than a public junior college;(3) the legislature or a legislative agency; or(4) the Supreme Court of Texas, the Court of Criminal Appeals of Texas, a court of civil appeals, a state judicial agency, or the State Bar of Texas.(c) An electric utility shall provide the information required in subsection (e) of this section for each state agency account in the prescribed form and medium. The electric utility shall obtain from the General Services Commission or its designee a copy of the field layouts and electronic format that the electric utility shall use. The General Services Commission or its designee shall notify the electric utility of any changes to the field layouts and electronic format with sufficient time for the electric utility to submit the information required by this subsection in a timely manner. Such form and medium must make the reports easy to compile and analyze in a manner which is not unreasonably costly, and to the extent possible, the General Services Commission or its designee will accommodate the electric utilities' electronic formats.(d) An electric utility shall retain all billing records for each state agency account for at least four years from the billing date, notwithstanding any other commission rule relating to the retention of billing records that may provide for a shorter retention period.(e) An electric utility shall:(1) each year file the monthly billing information for each state agency account required by this subsection within 45 days after the end of the reporting period for the six months ending with the February billing period and for the six months ending with the August billing period.(2) provide in the prescribed form the following information for each state agency account:(A) Utility name: name of the electric utility providing service;(B) Account Name: name of the state agency receiving service from the electric utility;(C) Account Number;(D) Account Address: the address of the facility being served by the electric utility, or, if that is not available, the service location;(E) SIC Code: Standard Industrial Code number applicable to facilities served at the account, if available;(F) Account Description: descriptive information available to the electric utility regarding the nature of the facilities served at the account (e.g., office building, traffic signal, etc.) if available;(G) Rate Class: name of the rate class under which service is provided (e.g., Residential, General Service, Highway Safety Lighting, etc.);(H) Rate Code: the code number used by the electric utility to identify the rate class under which service is provided;(I) Service Voltage: the specific service voltage (e.g., 480 volts, 12,470, 69,000, etc.) if available, otherwise provide general voltage level (e.g., secondary, primary, transmission);(J) Read Date: the date on which the meter was read during the billing period;(K) Kilowatt-Hour Meter Number: the serial number for the kilowatt-hour meter;(L) Kilowatt-Hour Multiplier: the multiplier used to determine kilowatt-hour consumption based on the meter reading;(M) Monthly kWh: the number of kilowatt-hours used for billing purposes;(N) Demand Meter Number: the serial number for the demand meter if different from that of the kilowatt-hour meter;(O) Demand Meter Multiplier: the multiplier used to determine demand based on the meter reading;(P) Demand Reading: the reading taken from the demand meter, stated in kilowatts or kilovolt-amperes;(Q) Billing Demand: the demand amount used for billing purposes, in kilowatts or kilovolt-amperes;(R) Metered Demand: the demand amount measured during the billing period, stated in kilowatts or kilovolt-amperes;(S) KVAR: reactive power measurement for the billing period, if available;(T) Power Factor: the ratio of real power (kW) to apparent power (kVa), if available;(U) Customer Revenue: the portion of the bill related to the monthly customer charge or facilities charge, if available;(V) Power Cost Recovery Factor (PCRF): the PCRF rate for the period that is assessed based on energy usage; the PCRF rate for the period that is assessed based on demand (if applicable); and the total PCRF charge for the period;(W) Energy Revenue: the portion of the bill related to the monthly energy charge(s), if available;(X) Demand Revenue: the portion of the bill related to the monthly demand charge(s), if available;(Y) Base Revenue: the portion of the bill related to the non-fuel charges, including customer, energy, and demand charges, if available;(Z) Fuel Revenue: the portion of the bill related to fuel and/or purchased power;(AA) Other Revenue: the portion of the bill related to taxes or other miscellaneous charges;(BB) Other Charges/Credits: the amount of any non-recurring charges or other credits, such as fuel credits and margin credits;(CC) Explanation: an explanation of the nature of the charge/credit included in Other Charges/Credits;(DD) Total Revenue: the total monthly bill, including base, fuel, and other charges;(EE) Load Factor: the ratio of the average demand during the billing period to the maximum demand; and(FF) Cost Per Kilowatt-Hour: the total cost during the billing period divided by the number of kilowatt-hours.(3) provide the information required by this section to the General Services Commission or its designee by electronic transfer, if feasible, or, otherwise, by diskette. Only in cases of extreme undue hardship will it be permissible for an electric utility to provide the information in paper documents.(f) Information provided pursuant to this section shall be subject to any protections of the Texas Government Code, Public Information Act, Chapter 552. Any request for information required by this section shall be filed with the Office of the Attorney General or its designee.(g) The commission, electric utilities, and the Office of the Attorney General's designee, as well as representatives of interested state agencies, shall continue to evaluate the effectiveness and efficiency of the public monitoring and verification system for state agency customers provided in this section.(h) An electric utility shall make a good faith effort to provide all the information required by this section. It is a violation of this section for any information to be omitted from the report unless a good faith reason exists for less than full compliance. Examples of good faith reasons for not providing a complete report include: technical limitations that cannot be corrected without undue expense, unavailability of the particular information on an electric utility's billing system or database, information that cannot reasonably be made available in the form requested, waiver by commission order, or written waiver by the Office of the Attorney General or its designee. Unless otherwise challenged in a complaint proceeding by the Office of the Attorney General as set forth herein, an electric utility is presumed to have made a good faith effort to provide the required information and is not required to seek any type of advance waiver. In the event an electric utility does not provide a complete report, the Office of the Attorney General may file a complaint with the commission. In any such complaint proceeding, the electric utility shall have the burden of showing the omission was in good faith.", "sourceNote": "Source Note: The provisions of this §25.78 adopted to be effective September 8, 1998, 23 TexReg 9039." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "80179", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.79", "label": "Equal Opportunity Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "80180", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The term \"minority group members,\" when used within this section, shall include only members of the following groups:(1) African-Americans;(2) American Indians;(3) Asian-Americans;(4) Hispanic-Americans and other Americans of Hispanic origin; and(5) women.(b) Each electric utility that files any form with local, state or federal governmental agencies relating to equal employment opportunities for minority group members, (e.g., EEOC Form EEO-1, FCC Form 395, RUS Form 268, etc.) shall file copies of such completed form with the commission. If such form submitted by a multi-jurisdictional electric utility does not indicate Texas-specific numbers, the electric utility shall also prepare, and file with the commission, a form indicating Texas-specific numbers, in the same format and based on the numbers contained in the form previously filed with local, state or federal governmental agencies. Each electric utility shall also file copies of any other forms required to be filed with local, state or federal governmental agencies, which contain the same or similar information, such as personnel data identifying numbers and occupations of minority group members employed by the electric utility, and employment goals relating to them , if any.(c) Any additional information relating to the matters described in this section may be submitted at the electric utility's option.(d) Any electric utility filing with the commission any documents described in subsections (b) and (c) of this section shall file four copies of such documents with the commission's filing clerk under the project number assigned by the Public Utility Commission's Central Records Office for that year's filings. Utilities shall obtain the project number by contacting Central Records.(e) An electric utility that files a report with local, state or federal governmental agencies and that is required by this section to file such report with the commission, must file the report by December 30 of the year it is filed with the local, state or federal agencies.", "sourceNote": "Source Note: The provisions of this §25.79 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective July 30, 2000, 25 TexReg 7140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "80180", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.80", "label": "Annual Report on Historically Underutilized Businesses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "79497", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In this section, \"historically underutilized business\" has the same meaning as in Texas Government Code, §481.191, as it may be amended.(b) Every electric utility shall report its use of historically underutilized businesses (HUBs) to the commission on a form approved by the commission. An electric utility may submit the report on paper, or on paper and on a diskette (in Lotus 1-2-3 (*utility name.wk*) or Microsoft Excel (*utility name.xl*) format).(1) Each electric utility shall on or before December 30 of each year submit to the commission a comprehensive annual report detailing its use of HUBs for the four quarters ending on September 30 of the year the report is filed, using the Large Utilities HUB Report form.(2) Each electric utility wishing to report indirect HUB procurements or HUB procurements made by the contractor of the utility may use the Supplemental HUB report form.(3) Each electric utility shall submit a text description of how it determined which of its vendors is a HUB.(4) Each electric utility that has more than 1,000 customers in a state other than Texas, or which purchases more than 10% of its goods and services (other than fuel, purchased power, and wheeling) from vendors not located in Texas, shall separately report by total and category all electric utility purchases, all electric utility purchases from Texas vendors, and all electric utility purchases from Texas HUB vendors. A vendor is considered a Texas vendor if its physical location is situated within the boundaries of Texas.(5) Each electric utility shall also file any other documents it believes appropriate to convey an accurate impression of its use of HUBs.(c) This section may not be used to discriminate against any citizen on the basis of race, nationality, color, religion, sex, or martial status.(d) This section does not create a new cause of action, either public or private.", "sourceNote": "Source Note: The provisions of this §25.80 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective July 30, 2000, 25 TexReg 7140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "79497", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.81", "label": "Service Quality Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=23364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "23364", "queryAsDate": "03/11/2026" }, "ruleBody": "Each electric utility shall submit annual service quality reports no later than February 14 of each year on a form prescribed by the commission.", "sourceNote": "Source Note: The provisions of this §25.81 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective December 29, 1999, 24 TexReg 11712; amended to be effective June 28, 2000, 25 TexReg 6099." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=23364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "23364", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.82", "label": "Fuel Cost and Use Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "97109", "queryAsDate": "03/11/2026" }, "ruleBody": "Copies of all presently effective and future fuel purchase or sale contracts shall be available for examination or filed with the commission on request. Each generating electric utility, including municipally owned generating electric utilities, shall file monthly fuel reports on forms prescribed by the commission.", "sourceNote": "Source Note: The provisions of this §25.82 adopted to be effective September 8, 1998, 23 TexReg 9039." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "97109", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.83", "label": "Transmission Construction Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=70867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "70867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. Each electric utility constructing a facility that requires reporting to the commission under §25.101 of this title (relating to Certification Criteria) shall file the reports on the commission-prescribed forms. The commission may require additional facts or information other than those required in commission forms or this section. Nothing in this section should be construed as a limitation of the commission's authority as set forth in the Public Utility Regulatory Act. All reports required in this section shall be filed in a project established by the commission. Projects that shall be reported include:(1) projects that require a Certificate of Convenience and Necessity (CCN) under §25.101(b)(3) of this title;(2) projects that do not require a CCN as identified in §25.101(c)(3) and (5) of this title; and(3) other transmission related projects with an estimated cost exceeding $250,000.(b) Reporting of projects that require a certificate. Projects that require a CCN under §25.101(b)(3) of this title shall be included in the next scheduled monthly construction progress report following the filing of a CCN application and in all subsequent construction progress reports until the final project costs have been reported.(c) Reporting of projects not requiring a certificate. The following information is required to be reported for projects that do not require a CCN under §25.101(c)(5) of this title.(1) Construction progress report. Project information shall be filed in a scheduled monthly construction progress report no fewer than 45 days before construction begins and in all subsequent construction progress reports until the final project costs have been reported.(2) Consent. Proof of written consent where required by §25.101(c)(5) of this title, shall be filed with the construction progress report no fewer than 45 days before construction begins. Proof of consent shall be established by an affidavit affirming that written consent was obtained from each required landowner. Construction shall not begin until such affidavit has been received by the commission.(3) Notice. Direct notice shall be provided by first-class mail at least 45 days prior to the start of construction of the facilities. Notice is required to all utilities whose certificated service area is crossed by the facilities unless the facilities are being constructed to serve a utility that is singly certificated to the area where the facilities are to be constructed. Notice is required to all landowners whose property is crossed by projects that do not require a CCN under §25.101(c)(5) of this title, except notice is not required to landowners that have provided written consent. For projects that require new or additional rights-of-way, notice is required to all landowners with a habitable structure within 300 feet of the centerline of a transmission project of 230 kV or less, or within 500 feet of the centerline of a transmission project greater than 230 kV as identified on the current county tax rolls. In addition, direct mail notice is required to owners of parks and recreation areas within 1,000 feet, and airports within 10,000 feet, of the centerline of the proposed project. The direct mail notice shall include a description of the activities and contact information for both the utility and the commission.(A) Proof of notice shall be established by an affidavit affirming that direct mail notice was sent to each required entity. The affidavit affirming notice shall be filed with the construction progress report no fewer than 45 days before construction begins. Construction shall not begin until such affidavit has been received by the commission.(B) In the event that the utility finds that any landowner has not been notified, the utility shall immediately provide notice in the manner required by this paragraph and shall immediately notify the commission that such supplemental notice has been provided. Construction shall not commence until all issues related to notice have been resolved.(d) Reporting requirements for emergency projects. The repair or reconstruction of a transmission facility due to emergency situations shall proceed without delay or prior approval of the commission. When emergency repairs with estimated costs exceeding $250,000 have been performed and power has been restored, the affected utility shall file a report describing the work performed and the estimated associated costs. This information shall be included as a project reported in a regularly scheduled construction progress report within 45 days of the completion of the repair and in all subsequent construction progress reports until the final costs have been reported.", "sourceNote": "Source Note: The provisions of this §25.83 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective June 28, 2000, 25 TexReg 6099; amended to be effective January 1, 2003, 27 TexReg 10016." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=70867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "70867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.84", "label": "Reporting of Affiliate Transactions for Electric Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "80181", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes reporting requirements for transactions between utilities and their affiliates.(b) Application. This section applies to:(1) electric utilities operating in the State of Texas as defined in the Public Utility Regulatory Act (PURA) §31.002(6), and transactions or activities between electric utilities and their affiliates, as defined in PURA §11.003(2); and(2) transmission and distribution utilities operating in a qualifying power region in the State of Texas as defined in PURA §31.002(19) upon commission certification of a qualifying power region pursuant to PURA §39.152, and transactions or activities between transmission and distribution utilities and their affiliates, as defined in PURA §11.003(2).(c) Definitions. Any terms defined in §25.272 of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates) have the same meanings herein.(d) Annual report of affiliate activities. A \"Report of Affiliate Activities\" shall be filed annually with the commission. Using forms approved by the commission, a utility shall report activities among itself and its affiliates in accordance with the requirements in this section. The report shall be filed by June 1, and shall encompass the period from January 1 through December 31 of the preceding year.(e) Copies of contracts or agreements. A utility shall reduce to writing and file with the commission copies of any contracts or agreements it has with its affiliates. The requirements of this subsection are not satisfied by the filing of an earnings report. All contracts or agreements shall be filed by June 1 of each year as attachments to the Report of Affiliate Activities required in subsection (d) of this section. In subsequent years, if no significant changes have been made to the contract or agreement, an amendment sheet may be filed in lieu of refiling the entire contract or agreement.(f) Tracking migration of employees. A utility shall track and document the movement between the utility and its competitive affiliates of all employees engaged in transmission or distribution system operations, including persons employed by a service company affiliated with the utility who are engaged in transmission or distribution system operations on a day-to-day basis or have knowledge of transmission or distribution system operations. Employee migration information shall be included in the utility's Report of Affiliate Activities. The tracking information shall include an identification code for the migrating employee, the respective titles held while employed at each entity, and the effective dates of the migration.(g) Annual reporting of informal complaint resolution. A utility shall report to the commission information regarding the nature and status of informal complaints handled in accordance with the utility's procedures developed pursuant to §25.272(i)(4) of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates). The information reported shall include the name of the complainant and a summary report of the complaint, including all relevant dates, companies involved, employees involved, the specific claim, and any actions taken to address the complaint. Such information on all informal complaints that were initiated or remained unresolved during the reporting period shall be included in the utility's Report of Affiliate Activities.(h) Reporting of deviations from the code of conduct. A utility shall report information regarding the instances in which deviations from the code of conduct were necessary to ensure public safety and system reliability pursuant to §25.272(d)(4) of this title. The information reported shall include the nature of the circumstances requiring the deviation, the action taken by the utility and the parties involved, and the date of the deviation. Within 30 days of each deviation, the utility shall report this information to the commission and shall conspicuously post the information on its Internet site or a public electronic bulletin board for 30 consecutive calendar days. Such information shall be summarized in the utility's Report of Affiliate Activities.(i) Annual update of compliance plans. Initial plans for compliance with §25.272 of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates) shall be supplied as a part of the utility's unbundling plan filed pursuant to PURA §39.051. The utility shall post a conspicuous notice of newly created affiliates and file any related updates to the utility's compliance plan on a timely basis pursuant to §25.272(i)(2) of this title. Additionally, the utility shall ensure that its annual Report of Affiliate Activities reflects all approved changes to its compliance plans, including those changes that result from the creation of new affiliates.", "sourceNote": "Source Note: The provisions of this §25.84 adopted to be effective January 10, 1999, 24 TexReg 136; amended to be effective December 20, 1999, 24 TexReg 11274." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "80181", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.85", "label": "Report of Workforce Diversity and Other Business Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102116", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes annual reporting requirements for electric utilities to report its progress and efforts to improve workforce diversity and contracting opportunities for small and historically underutilized businesses from its five-year plan filed pursuant to the Public Utility Regulatory Act (PURA) §39.909(b).(b) Application. This section applies to electric utilities, as defined in PURA §31.002(6) and subject to the requirements of PURA §39.909(c), doing business in the State of Texas.(c) Terminology. In this section, \"small business\" and \"historically underutilized business\" have the meanings assigned by Texas Government Code §481.191.(d) Annual progress report of workforce and supplier contracting diversity. An \"Annual Progress Report on Five-Year Plan to Enhance Supplier and Workforce Diversity\" shall be filed annually with the commission. The report shall be filed on or before December 30 of each year for the four prior quarters ending on September 30 of the year the report is filed.(e) Filing requirements. Four copies of the Annual Progress Report on Five Year Plan to Enhance Supplier and Workforce Diversity shall be filed with the commission's filing clerk under the project number assigned by the Public Utility Commission's Central Records Office for that year's filings. Electric utilities shall obtain the project number by contacting Central Records. A copy of the annual report shall also be sent to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the African-American and Hispanic Caucus offices of the Texas Legislature.(f) Contents of the report. The annual report filed with the commission pursuant to this section may be filed using the Workforce and Supplier Contracting Diversity form or an alternative format and shall contain at a minimum the following information:(1) An illustration of the diversity of the electric utility's workforce at the time of the report. If the electric utility is required to file an Equal Opportunity Report pursuant to §25.79 of this title (relating to Equal Opportunity Reports), a copy of that document may be attached to this report to satisfy the requirements of this paragraph.(2) A description of the specific progress made under the workforce diversity plan filed pursuant to PURA §39.909(b), including:(A) the specific initiatives, programs, and activities undertaken during the preceding year; and(B) an assessment of the success of each of those initiatives, programs, and activities.(3) An explanation of the electric utility's level of contracting with small and historically underutilized businesses.(4) The extent to which the electric utility has carried out its initiatives to facilitate opportunities for contracts or joint ventures with small and historically underutilized businesses.(5) A description of the initiatives, programs, and activities the electric utility will pursue during the next year to increase the diversity of its workforce and contracting opportunities for small and historically underutilized businesses.(g) This section may not be used to discriminate against any citizen on the basis of race, nationality, color, religion, sex, or marital status.(h) This section does not create a new cause of action, either public or private.", "sourceNote": "Source Note: The provisions of this §25.85 adopted to be effective July 30, 2000, 25 TexReg 7140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.88", "label": "Retail Market Performance Measure Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "79499", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes reporting requirements to allow the commission to obtain information to be used for evaluation of the performance of the retail electric market in Texas.(b) Application. This section applies to:(1) Electric Reliability Council of Texas (ERCOT) as defined in Public Utility Regulatory Act (PURA) §31.002(5) and §25.5 of this title (relating to Definitions);(2) Retail electric providers (REPs) as defined in PURA §31.002(17) and §25.5 of this title (relating to Definitions); and(3) Transmission and distribution utilities (TDUs) operating in a qualifying power region in the State of Texas where customer choice has been introduced as defined in PURA §31.002(19) and §25.5 of this title (relating to Definitions), except transmission service providers that provide only wholesale transmission.(c) Filing requirements. Using forms prescribed by the commission, a reporting entity shall report activities as required by this section. Such reports shall be filed with the commission under the project number assigned by the commission's central records office for all filings required each calendar year.(1) Each entity shall file four copies of the printed report and any attachments in accordance with §22.71 of this title (related to Filing of Pleadings, Documents, and Other Material). Additionally, each entity shall file an electronic version of its report consistent with the commission's electronic filing standards set forth in §22.72(h) of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission).(2) A quarterly report shall be filed no later than the 45th day following the end of the preceding quarterly reporting period. Quarterly periods shall begin on January 1, April 1, July 1, and October 1.(3) The reporting entity may designate information that it considers to be confidential. A reporting entity must file as confidential any information relating specifically to any other entity unless the commission has determined that such information is not competitively sensitive or the disclosing entity has given the reporting entity express written permission to release such information publicly. Information designated as confidential shall be processed in accordance with §22.71 of this title and the requirements of commission rules pertaining to information received from ERCOT.(d) Key performance indicators. Reporting entities shall report on the following key performance indicators on a quarterly basis:(1) Competitive market indicators. These measures will allow the commission to assess the activity in the competitive market through the number of customers and corresponding load served by non-affiliated REPs and the number of active REPs.(2) Technical market mechanics. These measures will allow the commission to assess whether the technical systems of the reporting entities are functioning properly to perform market transactions necessary for a customer to select a REP and to receive timely electric service with accurate and timely bills for that service.(e) Supporting documentation. Each performance measures report shall include:(1) Analysis. The reporting entity shall include an analysis of its data and performance for the reporting period with a comparison to performance in the previous period.(2) Report attestation. All reports submitted to the commission shall be attested to by an owner, partner, officer, or manager of the reporting entity under whose direction the report is prepared. The attestation shall also verify that an internal review was conducted to confirm the accuracy of the information contained in the performance measures report.(3) Supporting documents available for inspection. All supporting documents, including records, books, and memoranda shall be made available at the reporting entity's main office for inspection by the commission or its designee upon request. Supporting documents shall be maintained for a period of 24 months after the report date. Supporting documents may be kept outside the State of Texas so long as those records are returned to the State for any inspection requested by the commission or its designee.(4) Waiver of certain information. The commission may waive the reporting of any information required in this subchapter if it determines that it is either impractical or unduly burdensome for the reporting entity to furnish the requested information. If any such information is omitted by commission waiver, a written explanation of the omission and a copy of the waiver must be included in the report.(f) Other reports. Reporting entities may be required to submit special reports to allow the commission to analyze the changing dynamics of the retail electric market or to obtain information on specific issues that may require additional diagnostic review.(1) Supplemental information requested by the commission. Upon request by the commission or its designee, a reporting entity shall provide any special and additional information that relates to its performance measures report. Such request shall specify a time for the reporting entity to respond that is reasonable in consideration of the information requested.(2) Additional reports requested through ERCOT. Reporting entities may be required to provide to ERCOT, or groups operating under the authority of ERCOT, special and additional information that relates to market performance for specific analytical or diagnostic purposes.(g) Enforcement by the commission.(1) Failure to timely file accurate report. The commission may impose all applicable administrative penalties pursuant to PURA, Chapter 15, Subchapter B, consistent with §22.246 of this title (relating to Administrative Penalties) for failure of a reporting entity to timely file an accurate performance measures report.(2) Technical market mechanics.(A) Prohibited conduct. Each entity shall complete within the parameters set forth in the ERCOT Protocols and/or the Standard Tariff for Retail Delivery Service pursuant to §25.214 of this title (relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities), at least 98% of all its technical market transactions in each transaction category identified in the filing package.(B) Performance-improvement plan. Prior to imposing any penalty for a violation of subparagraph (A) of this paragraph, the commission or its designee shall meet with the reporting entity and develop a performance-improvement plan. The performance-improvement plan shall contain specific goals and timeframes for improving performance and shall be reasonable in view of all relevant circumstances.(C) Penalties. If a reporting entity violates subparagraph (A) of this paragraph and fails to meet the performance required in a performance-improvement plan, the commission may impose the following penalties, as appropriate:(i) Administrative penalties under PURA, Chapter 15, Subchapter B, consistent with §22.246 of this title;(ii) Any penalty against ERCOT as established by commission rule and as authorized by PURA §39.151; or(iii) Suspension, revocation, or amendment of a REP's certificate or registration as authorized by PURA §39.356 and §25.107 of this title (relating to Certification of Retail Electric Providers (REPs)).(3) Factors to be considered. In assessing penalties pursuant to paragraphs (1) and (2) of this subsection, the commission shall consider the following factors:(A) The reporting entity's prior history of performance;(B) The reporting entity's efforts to improve performance;(C) Whether the penalty is likely to improve performance; and(D) Such other factors deemed appropriate and material to the particular circumstances.(h) Public information. The commission may produce a summary report on the performance measures using the information collected as a result of these reporting requirements. Any such report shall be public information. The commission may provide the reports to any interested entity and post the reports on the commission's Internet website.(i) Commission review. The commission may evaluate the reporting requirements as necessary to determine if modifications to the performance measures are necessary due to changing market conditions. Such evaluation process shall include notice and opportunity for public comment.", "sourceNote": "Source Note: The provisions of this §25.88 adopted to be effective May 11, 2003, 28 TexReg 3823." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "79499", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.89", "label": "Report of Loads and Resources" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "80864", "queryAsDate": "03/11/2026" }, "ruleBody": "Each transmission service customer that submits an annual report of loads and resources to the Electric Reliability Council of Texas independent system operator pursuant to §25.198(l) of this title (relating to Initiating Transmission Service) or other reliability council shall file a copy with the commission and maintain a copy of supporting documentation for five years. If no such annual report is prepared, the transmission service customer shall maintain a record of the load and resource documents prepared in the normal course of its activities for five years.", "sourceNote": "Source Note: The provisions of this §25.89 adopted to be effective September 8, 1998, 23 TexReg 9039; amended to be effective June 28, 2000, 25 TexReg 6099." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "80864", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.90", "label": "Market Power Mitigation Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "80863", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. An electric utility or power generation company that the commission determines owns and controls more than 20% of the installed generation capacity located in, or capable of delivering electricity to, a power region shall file a market power mitigation plan with the commission not later than December 1, 2000. An electric utility or power generation company that the commission determines owns and controls more than 20% of the installed generation capacity located in, or capable of delivering electricity to, a power region after January 1, 2002, shall file a market power mitigation plan as directed by the commission. The commission may, for good cause, waive or modify the requirement to file a market power mitigation plan, in accordance with Public Utility Regulatory Act (PURA) §39.154(b). This section does not apply to an electric utility subject to PURA §39.102(c) until the end of the utility's rate freeze.(b) Initial information filing. Each utility or power generation company that owns and controls, either separately or in combination with its affiliates, more than 10,000 megawatts (MW) of electric generation capacity located in a power region that is partly or entirely within the state shall file a calculation by September 5, 2000, detailing the installed generation for its power region expected as of January 1, 2002, and showing its percentage share of the installed generation capacity located in, or capable of delivering electricity to, the power region, plus the capacity expected to be interconnected to the transmission system by January 1, 2002, less the capacity to be auctioned off pursuant to PURA §39.153, and any grandfathered facilities capacity pursuant to PURA §39.154(e). The calculation shall be made pursuant to the requirements of §25.401 of this title (relating to Share of Installed Generation Capacity). The filing shall include detailed information that will allow the commission to replicate the calculation. At a minimum, the filing must include an itemized list of all generating units that are located in, or capable of delivering electricity to, the power region and are owned and controlled by the utility or power generation company and its affiliates in the power region or capable of delivering electricity to the power region. Generating units should be identified by name, capacity rating, ownership, location, and reliability council. Capacity shall be rated according to the method established in §25.91(f) of this title (relating to Generating Capacity Reports). The filing shall also include the transmission import capacity amounts that are to be included in the numerator and the denominator of the calculation prescribed by §25.401 of this title and an explanation of how the transmission capacity amounts were determined. Any interested parties may respond to the utility filings by filing comments with the commission by September 29, 2000. By October 20, 2000, the commission will indicate which utilities, if any, exceed the 20% threshold and are required to file a market power mitigation plan on or before December 1, 2000.(c) Market power mitigation plan. A market power mitigation plan is a written proposal by an electric utility or a power generation company for reducing its ownership and control of installed generation capacity as required by PURA §39.154. A market power mitigation plan may provide for:(1) the sale of generation assets to a nonaffiliated person;(2) the exchange of generation assets with a nonaffiliated person located in a different power region;(3) the auctioning of generation capacity entitlements as part of a capacity auction required by PURA §39.153;(4) the sale of the right to capacity to a nonaffiliated person for at least four years; or(5) any reasonable method of mitigation.(d) Filing requirements. The plan shall include all supporting information necessary for the commission to fully understand and evaluate the plan. On a case-by-case basis, the commission may require the electric utility or power generation company to provide any additional information the commission finds necessary to evaluate the plan. The plan submitted should incorporate information addressing the determinations listed in subsection (f) of this section.(e) Procedure. The commission shall approve, modify, or reject a plan within 180 days after the date of filing. The commission may not modify the plan to require divestiture by the electric utility or power generation company.(f) Commission determinations. In reaching its determination under subsection (e) of this section, the commission shall consider:(1) the degree to which the electric utility's or power generation company's stranded costs, if any, are minimized;(2) whether on disposition of the generation assets the reasonable value is likely to be received;(3) the effect of the plan on the electric utility's or power generation company's federal income taxes;(4) the effect of the plan on current and potential competitors in the generation market;(5) whether the plan provides adequate mitigation of market power; and(6) whether the plan is consistent with the public interest.(g) Request to amend or repeal mitigation plan. An electric utility or power generation company with an approved mitigation plan may request to amend or repeal its plan. On a showing of good cause, the commission may modify or repeal the mitigation plan.(h) Approval date. If an electric utility's or power generation company's market power mitigation plan is not approved before January 1 of the year it is to take effect, the commission may order the electric utility or power generation company to auction generation capacity entitlements according to PURA §39.153, subject to commission approval, of any capacity exceeding the maximum allowable capacity prescribed by PURA §39.154 until the mitigation plan is approved. An auction held under this subsection shall be held not later than 60 days after the date the order is entered.", "sourceNote": "Source Note: The provisions of this §25.90 adopted to be effective August 31, 2000, 25 TexReg 8377." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "80863", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.91", "label": "Generating Capacity Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "153676", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to each person, power generation company, municipally owned utility, electric cooperative, and river authority that owns generation facilities and offers electricity for sale in this state. This section does not apply to an electric utility subject to Public Utility Regulatory Act (PURA) §39.102(c) until the end of the utility's rate freeze.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.(1) Nameplate rating - The full-load continuous rating of a generator under specified conditions as designated by the manufacturer.(2) Summer net dependable capability - The net capability of a generating unit in megawatts (MW) for daily planning and operational purposes during the summer peak season, as determined in accordance with requirements of the reliability council or independent organization in which the unit operates.(c) Filing requirements. Reporting parties shall file reports of generation capacity with the commission by the last working day of February each year, based on the immediately preceding calendar year. Filings shall be made using a form prescribed by the commission.(d) Report attestation. A report submitted pursuant to this section shall be attested to by an owner, partner, or officer of the reporting party under whose direction the report was prepared.(e) Confidentiality. The reporting party may designate information that it considers to be confidential. Information designated as confidential will be treated in accordance with the standard protective order issued by the commission applicable to generating capacity reports.(f) Capacity ratings. Generating unit capacity will be reported at the summer net dependable capability rating, except as follows:(1) Renewable resource generating units that are not dispatchable will be reported at the actual capacity value during the most recent peak season, and the report will include data supporting the determination of the actual capacity value;(2) Generating units that will be connected to a transmission or distribution system and operating within 12 months will be rated at the nameplate rating.(g) Reporting requirements.(1) Each reporting party shall provide the following information concerning its generation capacity (in MW) and sales (in megawatt-hours (MWh)) on a power region-wide basis and for that portion of a power region in the state:(A) total capacity of generating facilities that are connected with a transmission or distribution system;(B) total capacity of generating facilities used to generate electricity for consumption by the person owning or controlling the facility;(C) total capacity of generating facilities that will be connected with a transmission or distribution system and operating within 12 months;(D) total affiliate installed generation capacity;(E) total amount of capacity available for sale to others;(F) total amount of capacity under contract to others;(G) total amount of capacity dedicated to its own use;(H) total amount of capacity that has been subject to auction as approved by the commission;(I) total amount of capacity that will be retired within 12 months;(J) annual capacity sales to affiliated retail electric providers (REPs);(K) annual wholesale energy sales;(L) annual retail energy sales; and(M) annual energy sales to affiliate REPs;(2) Each reporting party shall provide the following information for each generating unit it owns in whole or in part:(A) Name;(B) Location by county, utility service area, power region, reliability council, and, if applicable, transmission zone;(C) Capacity rating (MW) as specified in subsection (f) of this section;(D) Annual generation (MWh);(E) Type of fuel or nonfuel energy resource;(F) Technology of natural gas generator; and(G) Date of commercial operation.(3) Each reporting party shall identify the name and capacity rating of each generating unit that it owns that is partly owned by other parties. For each such unit, it shall identify the other owners and their respective ownership percentages.(4) Each reporting party shall identify the name and capacity rating of each generating unit that it owns but does not control. For each such unit, it shall identify the controlling party and briefly explain the nature of the other party's control of the unit.(5) Each reporting party shall identify the name and capacity rating of each generating unit that it owns that is located on the boundary between two power regions and able to deliver electricity directly into either power region, and shall report the total sales from each such unit for the preceding year by power region.(6) Each reporting party that is subject to the PURA §39.154(e) shall identify the name and capacity rating of each \"grandfathered\" generating unit that it owns in an ozone non-attainment area. Each reporting party shall also provide copies of any applications to the Texas Natural Resources Conservation Commission (TNRCC) for a permit for the emission of air contaminants related to the grandfathered units, and it shall also provide a description of the progress it has made since its last Generating Capacity Report on achieving approval of each such TNRCC permit.(7) Each reporting party shall identify the amount of transmission import capability that it has reserved and is available to import electricity during the summer peak into the power region from generating facilities that are owned by the reporting party or its affiliate in another power region.(h) Upon written request by the person responsible for the commission's market oversight program, a reporting party shall provide within 15 days any information deemed necessary by that person to investigate a potential market power abuse as defined in PURA §39.157(a). In addition, the commission may request reporting parties to provide any information deemed necessary by the commission to assess market power or the development of a competitive retail market in the state, pursuant to §39.155(a). A reporting party may designate information provided to the commission as confidential in accordance with subsection (e) of this section.", "sourceNote": "Source Note: The provisions of this §25.91 adopted to be effective August 31, 2000, 25 TexReg 8377." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "153676", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.93", "label": "Wholesale Electricity Transaction Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purposes of this section are to:(1) Deter market power abuses and anticompetitive behavior by increasing wholesale market transparency with respect to bilateral contracts for delivery of electricity; and(2) Improve the commission's ability to investigate allegations of market power abuse and anticompetitive behavior that may arise with respect to the wholesale electricity market.(b) Application.(1) This section applies to any person, municipally owned utility, electric cooperative and river authority that owns electric generation facilities and offers electricity for sale in this state. This section also applies to power marketers as defined in §25.5 of this title (relating to Definitions).(2) This section applies to all wholesale transactions for the sale of electricity that begin or terminate in Texas, or occur entirely within Texas, including areas of the state not served by the Electric Reliability Council of Texas (ERCOT).(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context indicates otherwise:(1) Contract--An agreement for the wholesale provision of energy or capacity under specified prices, terms, and conditions. A contract governs the financial aspects of an electricity transaction.(2) Full Report--A Wholesale Transaction Report that contains all information required by this rule including information that the Wholesale Seller of Electricity claims is confidential or Protected Information. If the Wholesale Seller of Electricity does not claim confidentiality or Protected Information status for any of the information in its Full Report then the Full Report will be treated as a Public Report.(3) Transaction--The provision of a specific quantity of energy or the commitment of a specific amount of generating capacity for a specific period of time from a wholesale seller of electricity to a customer, whether pursuant to a contract, a market operated by an independent organization as defined in the Public Utility Regulatory Act §39.151(b), or any other provision of electricity or commitment of reserve capacity.(4) Protected information--Information contained in a Wholesale Electricity Transaction Report that comports with the requirements for exception from disclosure under the Texas Public Information Act (TPIA).(5) Public Report--A Wholesale Transaction Report that contains all information required by this rule except information that the Wholesale Seller of Electricity claims is confidential or Protected Information.(6) Wholesale seller of electricity--Any power generation company, power marketer, municipally owned utility, electric cooperative, river authority, or other entity that sells power at wholesale.(d) Wholesale Electricity Transaction Reports.(1) Wholesale sellers of electricity shall retain information related to all wholesale electricity transactions with a point of delivery or point of receipt in Texas, including intermediate transactions involving electricity generated in Texas or electricity ultimately delivered to customers in Texas, and file with the commission, within 45 days of a request by the Executive Director or the Executive Director's designee, information related to all wholesale electricity transactions, or a requested subset of this information, for a specified period of time. Wholesale sellers of electricity shall retain information related to all wholesale electricity transactions for three years, as specified in §25.503 of this title (relating to Oversight of Wholesale Market Participants). Nothing in this section limits the ability of the commission to obtain information, or the deadline for an entity to provide information, pursuant to an investigation, contested case proceeding, or any other rule.(2) Reports shall provide contact information for the reporting entity, information on each wholesale electricity contract, and information on each transaction of electricity from the reporting entity to another party.(A) Contact information shall include company name, address, telephone number, and facsimile machine number, if available; name, position, and telephone number of person attesting to the report; and the time period covered by the report.(B) Each wholesale seller of electricity must file information on each contract for electricity that is in effect during the reporting period, including those that will continue to be in effect past the end of the reporting period. Information shall include the name of purchaser, contract execution and termination dates, time period over which the contract is in effect, product type, price, and applicable information about where the power was generated, delivered, and received.(C) Each wholesale seller of electricity must file information on each transaction. Information shall include the time period over which the transaction was conducted; applicable information about where the power was generated, delivered, and received; product name; transaction quantity; price; total transaction charges; and cross-reference to a contract reported under subparagraph (B) of this paragraph. If the period of a transaction extends outside of the reporting period, the report shall include only the portion of the transaction that occurred during the reporting period.(D) Reporting parties may aggregate the following types of transactions:(i) A municipally owned utility may aggregate data on the portion of its generation that it used to serve its native load. The aggregated number should be in total MWh for the reporting period, and need not include price.(ii) A generation cooperative may aggregate data on cost-based sales to a distribution cooperative. The aggregated number should be in total MWh sold to each distribution cooperative for the reporting period, and need not include price.(iii) A river authority may aggregate data on cost-based sales to a wholesale customer. The aggregated number should be in total MWh sold to each wholesale customer for the reporting period, and need not include price.(iv) A qualifying facility may aggregate data on sales of electricity to a wholesale customer. The aggregated number should be in total MWh sold to each wholesale customer for the reporting period, and need not include price.(v) Any reporting entity may aggregate data on sales of electricity or capacity to an independent system operator for balancing energy service, ancillary capacity services, or other services required by the independent system operator. This subparagraph includes sales by an entity that is qualified to sell the reporting entity's capacity and electricity to the independent system operator. The aggregated number should be in total MWh provided under each type of service for the reporting period, and need not include price.(e) Filing procedures. Wholesale sellers of electricity shall file the Wholesale Electricity Transaction Reports using forms, templates, and procedures approved by the commission. The commission may also approve the use of forms and templates issued by federal agencies for reporting information similar to that required under this section. Reports shall be filed according to §22.71 of this title (relating to Filing of Pleadings, Documents and Other Materials) and §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission) except as specified in this subsection.(1) A Full Report shall be submitted on standard-format compact disks (two copies) without a paper hard copy.(2) If a Full Report is filed containing information that the Wholesale Seller of Electricity claims is confidential or is Protected Information, a Public Report shall also be submitted on standard-format compact disks (two copies).(3) Information required under subsection (d)(2)(A) of this section along with attestations and other necessary documents shall be filed in hard copy form (two copies).", "sourceNote": "Source Note: The provisions of this §25.93 adopted to be effective September 8, 2003, 28 TexReg 7687; amended to be effective September 19, 2004, 29 TexReg 8991; amended to be effective November 21, 2011, 36 TexReg 7863." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143866", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.94", "label": "Report on Infrastructure Improvement and Maintenance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146812", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This rule applies to all electric utilities.(b) Reports. By May 1st of each year, an electric utility shall file with the commission a report that contains the information described in subsection (c) of this section for the previous calendar year.(c) The utility shall include in the report a description of the utility's activities related to:(1) Identifying areas in its service territory that are susceptible to damage during severe weather and hardening transmission and distribution facilities in those areas;(2) Vegetation management; and(3) Inspecting distribution poles.(d) Each electric utility shall include in a report required under subsection (b) of this section a summary of the utility's activities related to preparing for emergency operations.", "sourceNote": "Source Note: The provisions of this §25.94 adopted to be effective January 3, 2010, 35 TexReg 91." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146812", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.95", "label": "Electric Utility Infrastructure Storm Hardening" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160095", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section is intended to ensure that each electric utility has developed a Storm Hardening Plan that provides for the implementation of cost-effective strategies to increase the ability of its transmission and distribution facilities to withstand extreme weather conditions.(b) Application. This section applies to all electric utilities.(c) Definition. The following term when used in this section shall have the following meaning, unless the context indicates otherwise. Storm hardening--All activities related to improved resiliency and restoration times, including but not limited to emergency planning, construction standards, vegetation management, or other actions before, during, or after extreme weather events.(d) Storm Hardening Plan Summary. By May 1, 2011, a utility shall file with the commission a summary of its Storm Hardening Plan. The summary shall describe in detail the utility's current and future storm hardening plans over a five-year period beginning January 1, 2011. By May 1 of each subsequent year, the utility shall file a detailed summary of any material revisions to the Plan and a detailed summary of its progress in implementing the Plan. A full copy of the Plan shall be provided to the commission or commission staff upon request.(e) Updating and contents of Storm Hardening Plan. A utility's Storm Hardening Plan shall be updated at least every five years and shall include, at a minimum, the utility's:(1) Construction standards, policies, procedures, and practices employed to enhance the reliability of utility systems, including overhead and underground transmission and distribution facilities;(2) Vegetation Management Plan for distribution facilities, including a tree pruning methodology and pruning cycle, hazard tree identification and mitigation plans, and customer education and notification practices related to vegetation management;(3) Plans and procedures to consider infrastructure improvements for its distribution system based on smart grid concepts that provide enhanced outage resilience, faster outage restoration, and/or grid self-healing;(4) Plans and procedures to enhance post storm damage assessment, including enhanced data collection methods for damaged poles and fallen trees;(5) Transmission and distribution pole construction standards, pole attachment policies, and pole testing schedule;(6) Distribution feeder inspection schedule;(7) Plans and procedures to enhance the reliability of overhead and underground transmission and distribution facilities through the use of transmission and distribution automation;(8) Plans and procedures to comply with the most recent National Electric Safety Code (NESC) wind loading standards in hurricane prone areas for new construction and rebuilds of the transmission and distribution system;(9) Plans and procedures to review new construction and rebuilds to the distribution system to determine whether they should be built to NESC Grade B (or equivalent) standards;(10) Plans and procedures to develop a damage/outage prediction model for the transmission and distribution system;(11) Plans and procedures for use of structures owned by other entities in the provision of distribution service, such as poles owned by telecommunications utilities; and(12) Plans and procedures for restoration of service to priority loads and for consideration of targeted storm hardening of infrastructure used to serve priority loads.(f) Comments. Interested entities may file comments to the commission staff within 30 days of a utility's filing pursuant to subsection (d) of this section.", "sourceNote": "Source Note: The provisions of this §25.95 adopted to be effective July 13, 2010, 35 TexReg 6065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160095", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.96", "label": "Vegetation Management" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198458", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to an electric utility's (utility) distribution assets.(b) Definitions. The following terms when used in this section shall have the following meaning, unless the context indicates otherwise.(1) Distribution assets--The utility's facilities operating at less than 60 kilovolts (kV), excluding substations, underground facilities, and service drops, for which the utility needs to perform vegetation maintenance.(2) Right-of-way (ROW)--Land on which electric lines are located and that the utility has the right to access for the purpose of maintaining its distribution system and managing vegetation.(3) Scheduled vegetation maintenance--The anticipated vegetation management activities a utility expects to conduct during a particular budget cycle, including trimming, spraying, and removal activities.(4) Tree risk management--Planning for, assessing, monitoring, and mitigating structurally unsound trees that could threaten a utility's distribution assets.(5) Unscheduled vegetation maintenance--Responsive vegetation maintenance that can include, but is not limited to, customer-requested and utility-requested maintenance.(c) Vegetation management requirements under other provisions. Compliance with this section fully satisfies the vegetation management planning and reporting requirements of §25.94(c)(2) of this title (relating to Report on Infrastructure Improvement and Maintenance) and §25.95(e)(2) of this title (relating to Electric Utility Infrastructure Storm Hardening).(d) Utility conformance to standards of the industry. For any mandatory provision of any standard specified in paragraphs (1) - (3) of this subsection to which a utility's vegetation management policies do not conform, the utility shall provide a brief explanation for the deviation in its Vegetation Management Report:(1) American National Standards Institute (ANSI) Standard Z133.1, Arboricultural Operations - Pruning, or successor standard;(2) ANSI Standard A300 (Part 1) - Tree, Shrub, and Other Woody Plant Management - Standard Practices (Pruning); (Part 7) - Integrated Vegetation Management a. Utility Rights-of-way practices; and (Part 9) - Tree Risk Assessment a. Tree Structure Assessment; or successor standards; and(3) National Electrical Safety Code Section 218, or successor standard.(e) Vegetation Management Plan. Each utility shall maintain a Vegetation Management Plan (Plan) that describes the utility's objectives, practices, procedures, and work specifications for its distribution assets. A full copy of the Plan shall be provided to the commission or commission staff within ten days of receipt of the request. A utility shall review and update its Plan by December 31 of each year. The Plan shall include, at a minimum, a description of the utility's:(1) tree pruning methodology, trimming clearances, and scheduling approach;(2) methods used to mitigate threats posed by vegetation to applicable distribution assets;(3) tree risk management program;(4) participation in continuing education by the utility's internal vegetation management personnel;(5) estimate of the miles of circuits along which vegetation is to be trimmed or method for planning trimming work for the coming year;(6) plan to remediate vegetation-caused issues on feeders which are on the worst vegetation-caused performing feeder list for the preceding calendar year's System Average Interruption Duration Index (SAIDI) and System Average Interruption Frequency Index (SAIFI); and(7) customer education, notification, and outreach practices related to vegetation management.(f) Vegetation Management Report. A utility shall file with the commission by May 1 of each year a Vegetation Management Report (Report) summarizing its Vegetation Management Plan for the current calendar year and its progress in implementing its Plan for the preceding calendar year. The Report filed May 1, 2013 does not need to contain the information required by paragraph (2) of this subsection. The Report shall include, at a minimum, the following components:(1) A Vegetation Management Plan summary including, at a minimum, a summary of the utility's:(A) vegetation maintenance goals and the method the utility employs to measure its progress;(B) trimming clearances and scheduling approach;(C) plan to remediate vegetation-caused issues on feeders that are on the vegetation-caused, worst performing feeder list for the preceding calendar year's SAIDI and SAIFI;(D) tree risk management program;(E) approach to monitoring, preparing for, and responding to adverse environmental conditions such as drought and wildfire danger that may impact its vegetation management policies and practices;(F) total overhead distribution miles in its system, excluding service drops;(G) total number of electric points of delivery;(H) amount of vegetation-related work it plans to accomplish in the current calendar year to achieve its vegetation management goals described in subparagraph (A) of this paragraph; and(I) vegetation management budget, divided into the categories listed in clauses (i) - (iv) of this subparagraph. The utility should, within the confines of its own budgeting practices, assign subcategories and list them under these categories where appropriate. If a utility does not budget amounts under any specific category, the utility shall provide a brief explanation of why it does not do so. The utility shall title the budget with the dates it covers and provide a total for each category or subcategory. (i) scheduled vegetation maintenance;(ii) unscheduled vegetation maintenance;(iii) tree risk management; and(iv) emergency and post-storm activities.(2) An implementation summary for the preceding calendar year including, at a minimum, a description of:(A) whether the utility met its vegetation maintenance goals and how its goals have changed for the coming calendar year based on the results;(B) successes and challenges with the utility's strategy, including obstacles faced, such as property owner interference, and methods employed to overcome them;(C) the progress and obstacles to remediating issues on the vegetation-caused, worst performing feeders list as submitted in the preceding year's Report;(D) the number of continuing education hours logged for the utility's internal vegetation management personnel, if applicable; (E) the amount of vegetation management work the utility accomplished to achieve its vegetation management goals described in paragraph (1)(A) of this subsection;(F) the separate SAIDI and SAIFI scores for vegetation-caused interruptions for each month and as reported for the calendar year in its Service Quality Report filed pursuant to §25.52 of this title (relating to Reliability and Continuity of Service) and §25.81 of this title (relating to Service Quality Reports), at both the feeder and company level;(G) the vegetation management budget, including, at a minimum:(i) a single table with columns representing:(I) the budget for each category and subcategory that the utility provided in the preceding year pursuant to paragraph (1)(I) of this subsection, with totals for each category and subcategory;(II) the actual expenditures for each category and subcategory listed pursuant to subclause (I) of this clause, with totals for each category or subcategory;(III) the percentage of actual expenditures over or under the budget for each category or subcategory listed pursuant to subclause (I) of this clause; and(IV) the actual expenditures for the preceding reporting year for each category and subcategory listed pursuant to subclause (I) of this clause, with totals for each category or subcategory;(ii) an explanation of the variation from the preceding year's vegetation management budget where actual expenditures in any category or subcategory fell below 98 percent or increased above 110 percent of the budget for that category;(iii) the total vegetation management expenditures divided by the number of electric points of delivery on the utility's system, excluding service drops;(iv) the total vegetation management expenditures, including expenditures from the storm reserve, divided by the number of customers the utility served; and(v) the vegetation management budget from the utility's last base-rate case.", "sourceNote": "Source Note: The provisions of this §25.96 adopted to be effective January 2, 2013, 37 TexReg 10204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198458", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.97", "label": "Line Inspection and Safety" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225294", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements the reporting requirements in Public Utility Regulatory Act (PURA) §38.102.(b) Applicability. This section applies to electric utilities, municipally owned utilities, and electric cooperatives that own or operate overhead transmission or distribution assets.(c) Definition. When used in this section, the term \"affected entity\" means an electric utility, electric cooperative, or municipally owned utility that owns or operates overhead transmission or distribution assets.(d) Employee Training Report.(1) Not later than May 1, 2020, each affected entity must submit to the Commission a report that includes:(A) a summary description of hazard recognition training documents provided by the affected entity to its employees related to overhead transmission and distribution facilities; and(B) a summary description of training programs provided to employees by the affected entity related to the National Electrical Safety Code (NESC) for construction of electric transmission and distribution lines.(2) An affected entity must submit an updated report not later than the 30th day after the date the affected entity finalizes a material change to a document or training program included in a report submitted under paragraph (1) of this subsection.(e) Five-Year Report.(1) Not later than May 1 every five years, each affected entity that owns or operates overhead transmission facilities greater than 60 kilovolts must submit to the commission a report for the five-year period ending on December 31 of the preceding calendar year that includes:(A) the percentage of overhead transmission facilities greater than 60 kilovolts inspected for compliance with the NESC relating to vertical clearance in the reporting period; and(B) the percentage of the overhead transmission facilities greater than 60 kilovolts anticipated to be inspected for compliance with the NESC relating to vertical clearance during the five-year period beginning on January 1 of the year in which the report is submitted.(2) The first report submitted under this subsection must be submitted not later than May 1, 2020.(f) Annual Report. Not later than May 1 of each year, each affected entity must make a report to the commission for the preceding calendar year.(1) For each affected entity that owns or operates overhead transmission facilities greater than 60 kilovolts, the report must include the following information related to those facilities:(A) the number of identified occurrences of noncompliance with PURA §38.004 regarding vertical clearance requirements of the NESC for overhead transmission facilities;(B) whether the affected entity has actual knowledge that any portion of the affected entity's transmission system is not in compliance with PURA §38.004 regarding vertical clearance requirements of the NESC for overhead transmission facilities; and(C) whether the affected entity has actual knowledge of any violations of easement agreements with the United States Army Corps of Engineers relating to PURA §38.004 regarding the vertical clearance requirements of the NESC for overhead transmission facilities.(2) For each affected entity that owns or operates overhead transmission facilities greater than 60 kilovolts or distribution facilities greater than 1 kilovolt, the report must include the following information related to those facilities:(A) the number of fatalities or injuries of individuals other than employees, contractors, or other persons qualified to work in proximity to overhead high voltage lines involving transmission or distribution assets related to noncompliance with the requirements of PURA §38.004; and(B) a description of corrective actions taken or planned to prevent the reoccurrence of fatalities or injuries described by subparagraph (A) of this paragraph.(3) Violations resulting from, and incidents, fatalities, or injuries attributable to a violation resulting from, a natural disaster, weather event, or man-made act or force outside of an affected entity's control are not required to be included in the report under this subsection.(g) Reporting Form. An affected entity must make a report required by this section on a form prescribed by the commission.(h) Report Filing. An affected entity filing a report required under this subsection must include the project number designated by the commission for the report on the first page of the report and submit the correct number of copies of the report to the commission's central records for filing.(i) Reports Publicly Available. Not later than September 1 each year, the commission will make the reports submitted under this section publicly available on the commission's Internet website.", "sourceNote": "Source Note: The provisions of this §25.97 adopted to be effective March 5, 2020, 45 TexReg 1392." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225294", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§25.98", "label": "Permian Basin Reliability Plan Reporting Requirements and Monitor." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211301", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section sets forth the requirements for a transmission service provider (TSP) to report information to the commission using the commission's compliance reporting portal and establishes the duties of the commission's monitor to oversee the completion of the PBRP. (b) Applicability. This section applies to a TSP that is responsible for the ownership, construction, and operation of a Permian Basin Reliability Plan (PBRP) project. The requirements in this section apply to PBRP projects at the Upgrade ID level and are in addition to the reporting requirements set forth in §25.83 of this title (relating to Transmission Construction Reports). A PBRP project means: (1) a common local project approved by the commission's order issued on October 7, 2024, in Project No. 55718, relating to Reliability Plan for the Permian Basin Under PURA §39.167, or (2) an import path approved by the commission's second order issued on April 24, 2025, in Project No. 55718. (c) Initial implementation schedule requirements. Using the commission's compliance reporting portal, the TSP must file an initial implementation schedule by July 15, 2025 or 30 days after a commission order identifying a TSP as responsible for the ownership, construction, and operation of a PBRP project, whichever is later. The implementation schedule must identify the following information: (1) name of the PBRP project; (2) PBRP project ID, as identified in the ERCOT Permian Basin Reliability Plan Study Report; (3) upgrade ID; (4) transmission upgrade; (5) voltage; (6) facilities; (7) counties affected; (8) the initial estimated start and completion dates for each of the following milestones, as applicable: (A) CCN application, (B) right-of-way and land acquisition, (C) engineering and design, (D) materials and equipment procurement, and (E) construction of facilities; and (9) the initial estimated energization date of the PBRP project. (d) Quarterly progress report requirements. The first of January, April, July, and October is the start of a new quarter. Using the commission's compliance reporting portal, the TSP must file, by the fifteenth day of each new quarter, a report with the commission in accordance with this subsection, detailing each PBRP project's progress during the previous quarter, through energization of the PBRP project. (1) PBRP projects that require a certificate of convenience and necessity (CCN). For each PBRP project that requires a CCN, a TSP must file a quarterly progress report with the commission beginning the fifteenth day of a new quarter following the date of a commission order approving the TSP's CCN application for the PBRP project and quarterly thereafter. (2) PBRP projects that do not require a CCN. For each PBRP project that does not require a CCN, a TSP must file a quarterly progress report with the commission six months before construction is scheduled to begin and on a quarterly basis thereafter. (3) PBRP project description and summary. For each PBRP project, a TSP must provide a description and summary of the PBRP project in its quarterly progress report that identifies the following, as applicable: (A) name of the PBRP project; (B) assigned docket number that is associated with the TSP's CCN application for the PBRP project; (C) PBRP project ID, as identified in the ERCOT Permian Basin Reliability Plan Study Report; (D) upgrade ID; (E) transmission upgrade; (F) voltage; (G) facilities; (H) counties affected; (I) a brief summary of the PBRP project progress to date; (J) the estimated percentage of engineering and design that is complete to date; (K) the estimated percentage of procurement that is complete to date; and(L) the estimated percentage of construction that is complete to date. (4) Costs. For each PBRP project, a TSP must identify in its quarterly progress report current cost estimates using the most up-to-date information available during the reported quarter and actual costs incurred during the reported quarter for each of the following, as applicable: (A) CCN acquisition; (B) right-of-way and land acquisition; (C) engineering and design; (D) material and equipment procurement; (E) construction of facilities; and (F) the total to complete the PBRP project. (5) Implementation schedule. For each PBRP project, a TSP must identify in its quarterly progress report estimated dates, using the most up-to-date information available, and actual dates for each of the following milestones, as applicable: (A) start and completion of right-of-way and land acquisition; (B) start and completion of engineering and design; (C) start and completion of materials and equipment procurement; (D) start and completion of construction of facilities; and (E) PBRP project energization. (e) Reporting significant changes. Fifteen working days after a TSP determines that a significant change to the information provided in the TSP's first quarterly progress report for a PBRP project is likely to occur or has occurred, the TSP must provide a detailed explanation of the reasons for the significant change and report that information to the commission's monitor in writing. A significant change means: (1) an increase of more than 10 percent to the total cost estimate at the Upgrade ID level; (2) an initial change of more than 60 days to the estimated date to complete a milestone under subsection (d)(5) of this section or for a project that the TSP has previously reported a significant change of more than 60 days, an additional change of more than 15 days from an adjusted estimated date reported under this paragraph; (3) a delay to the TSP's energization date of a PBRP project that is caused by the incomplete status of another PBRP project; or (4) new circumstances that pose a material risk to the energization date of a PBRP project, such that there is a substantial likelihood that a project's energization date will not occur or will be delayed by more than 30 days. (f) Requests for additional information. Within 10 working days of receiving a request from commission staff or the commission's monitor for additional information relating to the progress or implementation of a PBRP project, a TSP must provide responsive information to the requestor, including applicable supporting documentation. A TSP may seek, and the requestor may agree to, an extension to the deadline for a TSP to provide responsive information. (g) Confidential information. Information that is submitted confidentially must be included in a redacted and unredacted form. The redacted form must be redacted only to the minimum extent necessary to ensure confidentiality. The unredacted form must include a memorandum prescribed by the commission that specifies the reasons and legal basis for submitting the information confidentially. Information submitted confidentially may be accessed by commission staff or the monitor upon signing a confidentiality agreement or as otherwise authorized by applicable commission rules.(h) Monitor. The commission delegates authority to the executive director to award, negotiate pricing and performance requirements, and execute and administer a contract for a third-party monitor for the PBRP. Before commencing its duties, the monitor must sign a confidentiality agreement o access confidential information submitted by a TSP under this section. The monitor's duties include: (1) monitoring and reviewing the reports that TSPs are required to file under this section; (2) communicating with TSPs as needed to fulfill the monitor's responsibilities under this section; (3) requesting additional information directly related to a TSP's designated PBRP project, as needed;(4) providing regular status updates to the commission; (5) informing commission staff of a significant change to a PBRP project; and (6) any other function deemed appropriate by the executive director or the executive director's designee to oversee completion of the PBRP. (i) Monitor cost assignment and apportionment. A TSP identified through a commission order as responsible for the ownership, construction, and operation of a PBRP project must pay the invoiced costs approved by the executive director or the executive director's designee for the monitor. (1) The funding of the monitor must be sufficient to ensure the selection of a monitor in accordance with the scope and activities set forth in subsection (h) of this section. (2) The executive director or executive director's designee will determine a monthly cost to invoice each TSP based on the factors that include:(A) the total number of PBRP projects;(B) the total number of PBRP projects that each TSP is responsible for owning, constructing, and operating; and(C) the monthly costs of the monitor to perform the duties described in subsection (h) of this section.(3) A TSP may seek recovery of the amounts paid under this paragraph as part of the overall PBRP project costs. (j) Agency record. Notwithstanding any other commission rule, the official agency record for filings under this section is the compliance reporting portal.", "sourceNote": "Source Note: The provisions of this §25.98 adopted to be\r\neffective June 26, 2025, 50 TexReg 3636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211301", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.101", "label": "Certification Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "97110", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, have the following meanings unless the context indicates otherwise:(1) Construction or extension--Does not include the purchase or condemnation of real property for use as facility sites or right-of-way. Acquisition of right-of-way must not be deemed to entitle an electric utility to the grant of a certificate of convenience and necessity without showing that the construction or extension is necessary for the service, accommodation, convenience, or safety of the public.(2) Generating unit--Any electric generating facility. This section does not apply to any generating unit that is ten megawatts or less and is built for experimental purposes only.(3) Habitable structures--Structures normally inhabited by humans or intended to be inhabited by humans on a daily or regular basis. Habitable structures include, but are not limited to: single-family and multi-family dwellings and related structures, mobile homes, apartment buildings, commercial structures, industrial structures, business structures, churches, hospitals, nursing homes, and schools.(4) Municipal Power Agency (MPA)--Agency or group created under Texas Utilities Code, Chapter 163 - Joint Powers Agencies.(5) Municipal Public Entity (MPE)--A municipally owned utility (MOU) or a municipal power agency.(6) Prudent avoidance--The limiting of exposures to electric and magnetic fields that can be avoided with reasonable investments of money and effort.(7) Tie line--A facility to be interconnected to the Electric Reliability Council of Texas (ERCOT) transmission grid by a person, including an electric utility or MPE, that would enable additional power to be imported into or exported out of the ERCOT power grid.(b) Certificates of convenience and necessity for new service areas and facilities. Except for certificates granted under subsection (e) of this section, the commission will grant an application and issue a certificate only if it finds that the certificate is necessary for the service, accommodation, convenience, or safety of the public, and complies with the statutory requirements in the Public Utility Regulatory Act (PURA) §37.056. The commission may issue a certificate as applied for, or refuse to issue it, or issue it for the construction of a portion of the contemplated system or facility or extension thereof, or for the partial exercise only of the right or privilege. The commission will render a decision approving or denying an application for a certificate within one year of the date of filing of a complete application for such a certificate, unless good cause is shown for exceeding that period. A certificate, or certificate amendment, is required for the following:(1) Change in service area. Any certificate granted under this section must not be construed to vest exclusive service or property rights in and to the area certificated.(A) Uncontested applications: An application for a certificate under this paragraph must be approved administratively within 80 days from the date of filing a complete application if:(i) no motion to intervene has been filed or the application is uncontested;(ii) all owners of land that is affected by the change in service area and all customers in the service area being changed have been given direct mail notice of the application; and(iii) commission staff has determined that the application is complete and meets all applicable statutory criteria and filing requirements, including, but not limited to, the provision of proper notice of the application.(B) Minor boundary changes or service area exceptions: Applications for minor boundary changes or service area exceptions must be approved administratively within 45 days of the filing of the application provided that:(i) every utility whose certificated service area is affected agrees to the change;(ii) all customers within the affected area have given prior consent; and(iii) commission staff has determined that the application is complete and meets all applicable statutory criteria and filing requirements, including, but not limited to, the provision of proper notice of the application.(2) Generation facility.(A) In a proceeding involving the purchase of an existing electric generating facility by an electric utility that operates solely outside of ERCOT, the commission will issue a final order on a certificate for the facility not later than the 181st day after the date a request for the certificate is filed with the commission under PURA §37.058(b).(B) In a proceeding involving a newly constructed generating facility by an electric utility that operates solely outside of ERCOT, the commission will issue a final order on a certificate for the facility not later than the 366th day after the date a request for the certificate is filed with the commission under PURA §37.058(b).(C) An electric utility operating solely outside of the ERCOT region may, but is not required to, obtain a certificate to install, own, or operate a generation facility with a capacity of 10 megawatts or less.(3) Electric transmission line. All new electric transmission lines must be reported to the commission in accordance with §25.83 of this title (relating to Transmission Construction Reports). This reporting requirement is also applicable to new electric transmission lines to be constructed by an MPE seeking to directly or indirectly construct, install, or extend a transmission facility outside of its applicable boundaries. For an MOU, the applicable boundaries are the municipal boundaries of the municipality that owns the MOU. For an MPA, the applicable boundaries are the municipal boundaries of the public entities participating in the MPA.(A) Determination of need:(i) Economic projects. Except as otherwise stated in this subparagraph, the following must be met for a transmission line in the ERCOT region. The applicant must present an economic cost-benefit study that analyzes the transmission project under a congestion cost savings test and a production cost savings test. The commission will give great weight to such a study if it is conducted by the ERCOT independent system operator. Adequately quantifiable and ongoing direct and indirect costs and benefits to the transmission system attributable to the project may be included in the cost-benefit study.(I) Congestion cost savings test. ERCOT, in consultation with commission staff, must develop a congestion cost savings test.(-a-) The congestion cost savings test must include an analysis of whether the levelized ERCOT-wide annual congestion cost savings attributable to the proposed project are equal to or greater than the average of the first three years annual revenue requirement of the proposed project of which the transmission line is a part.(-b-) Prior to the effective date of the test developed by ERCOT under this subclause ERCOT may immediately, without updating its current protocols, utilize the generator revenue reduction test, effective Dec. 1, 2011 under ERCOT Nodal Protocols §3.11.2(6), as the congestion cost benefit test required under this clause. ERCOT may continue to rely upon completed calculations using the generator revenue reduction test to evaluate ongoing applications after the effective date of the test developed under this subclause.(II) Production cost savings test. The production cost savings test must include an analysis of whether the levelized ERCOT-wide annual production cost savings attributable to the proposed project are equal to or greater than the first-year annual revenue requirement of the proposed project of which the transmission line is a part.(III) Economic cost-benefit analysis must be studied for the projected in-service date of the project using the study case identified in the ERCOT planning guide.(IV) ERCOT may recommend, and the commission may approve, a transmission line in the ERCOT region that demonstrates a savings under either a congestion cost savings test or a production cost savings test.(ii) Reliability projects.(I) The requirements of clause (i) of this subparagraph do not apply to an application for a transmission line that is necessary to meet state or federal reliability standards, including: a transmission line needed to interconnect a transmission service customer or end-use customer; or needed due to the requirements of any federal, state, county, or municipal government body or agency for purposes including, but not limited to, highway transportation, airport construction, public safety, or air or water quality.(II) For a transmission line not addressed by clause (i) of this subparagraph, the commission will consider, among other factors, the needs of the interconnected transmission systems to support a reliable and adequate network and to facilitate robust wholesale competition. When evaluating reliability for a proposed project in the ERCOT region, the commission will consider and any review conducted by ERCOT must incorporate the historical load, forecasted load growth, and additional load currently seeking interconnection. The forecasted load growth and additional load currently seeking interconnection must be substantiated by quantifiable evidence of projected load growth. The commission will give great weight to:(-a-) the recommendation of an organization that meets the requirement of PURA §39.151; and/or(-b-) written documentation provided by a transmission service provider to ERCOT that the transmission line is needed to interconnect transmission service or retail customers.(iii) Resiliency. ERCOT may recommend, and the commission may approve, a transmission project that is submitted as an economic or reliability project and does not demonstrate sufficient economic savings or reliability benefits to merit approval on those grounds if ERCOT determines the line would address a resiliency issue identified in the grid reliability and resiliency assessment required by subparagraph (E) of this paragraph. In determining whether to approve such a project the commission will consider:(I) the margin by which the transmission project was unable to demonstrate sufficient economic savings or reliability benefits to merit approval on those grounds;(II) whether the resiliency benefits the transmission project would provide by reducing the impacts to customers of potential outages caused by regional extreme weather scenarios are sufficient to compensate for the project's inability to demonstrate sufficient economic savings or reliability benefits to merit approval on those grounds.(III) the cost effectiveness of the transmission project's ability to address the resiliency issue identified by ERCOT compared to other possible solutions,(IV) other factors listed in PURA §37.056(c), as appropriate.(B) Routing: An application for a new transmission line must address the criteria in PURA §37.056(c) and considering those criteria, engineering constraints, and costs, the line must be routed to the extent reasonable to moderate the impact on the affected community and landowners unless grid reliability and security dictate otherwise. The following factors must be considered in the selection of the utility's alternative routes unless a route is agreed to by the utility, the landowners whose property is crossed by the proposed line, and owners of land that contains a habitable structure within 300 feet of the centerline of a transmission project of 230 kV or less, or within 500 feet of the centerline of a transmission project greater than 230 kV, and otherwise conforms to the criteria in PURA §37.056(c):(i) whether the routes parallel or utilize existing compatible rights-of-way for electric facilities, including the use of vacant positions on existing multiple- circuit transmission lines;(ii) whether the routes parallel or utilize other existing compatible rights-of- way, including roads, highways, railroads, or telephone utility rights-of-way;(iii) whether the routes parallel property lines or other natural or cultural features; and(iv) whether the routes conform with the policy of prudent avoidance.(C) Uncontested transmission lines: An application for a certificate for a transmission line will be approved administratively within 80 days from the date of filing a complete application if:(i) no motion to intervene has been filed or the application is uncontested; and(ii) commission staff has determined that the application is complete and meets all applicable statutory criteria and filing requirements, including, but not limited to, the provision of proper notice of the application.(D) Projects deemed critical to reliability. Applications for transmission lines which have been formally designated by a PURA §39.151 organization as critical to the reliability of the system will be considered by the commission on an expedited basis. The commission will render a decision approving or denying an application for a certificate under this subparagraph within 180 days of the date of filing a complete application for such a certificate unless good cause is shown for extending that period.(E) Grid reliability and resiliency assessment. ERCOT must conduct a biennial assessment of the ERCOT power grid's reliability and resiliency in extreme weather scenarios. Each assessment must:(i) consider the impact of different levels of thermal and renewable generation availability;(ii) identify areas of the state that face significant grid reliability and resiliency issues, taking into account the impact of potential outages caused by regional extreme weather scenarios on customers, including multiple element outage analysis when appropriate, and(iii) recommend transmission projects that may increase the grid's reliability or resiliency in extreme weather scenarios.(4) Tie line. An application for a tie line must include a study of the tie line by ERCOT. The study must include, at a minimum, an ERCOT-approved reliability assessment of the proposed tie line. If an independent system operator intends to conduct a study to evaluate a proposed tie line or intends to provide confidential information to another entity to permit the study of a proposed tie line, the independent system operator must file notice with the commission at least 45 days prior to the commencement of such a study or the provision of such information.(c) Projects or activities not requiring a certificate. A certificate, or certificate amendment, is not required for the following:(1) An extension of facilities as described in PURA §37.052(a) and (b);(2) A new electric high voltage switching station, or substation;(3) The repair or reconstruction of a transmission facility due to emergencies. The repair or reconstruction of a transmission facility due to emergencies should proceed without delay or prior approval of the commission and must be reported to the commission in accordance with §25.83 of this title;(4) The construction or upgrading of distribution facilities within the electric utility's service area;(5) Routine activities associated with transmission facilities that are conducted by transmission service providers. Nothing contained in the following subparagraphs should be construed as a limitation of the commission's authority as set forth in PURA. Any activity described in the following subparagraphs must be reported to the commission in accordance with §25.83 of this title. The commission may require additional facts or call a public hearing thereon to determine whether a certificate of convenience and necessity is required. Routine activities are defined as follows:(A) The modification, construction, or extension of a transmission line that connects existing transmission facilities to a substation or metering point provided that:(i) the transmission line modification, construction, or extension does not exceed:(I) three miles if the line connects to a load-serving substation or metering point; or(II) two miles if the line connects to a generation substation or metering point; and(ii) all rights-of-way necessary for the modification, construction, or extension have been acquired, and(iii) all landowners whose property is directly affected by the transmission line, as defined in §22.52(a)(3) of this title, have given written consent for the modification, construction, or extension. If the transmission line modification, construction, or extension does not exceed one mile to provide service to a substation or metering point, written consent is only required by landowners whose property is crossed by the transmission line.(B) The rebuilding, replacement, or respacing of structures along an existing route of the transmission line; upgrading to a higher voltage not greater than 230 kV; bundling of conductors or reconductoring of an existing transmission facility, provided that:(i) no additional right-of-way is required; or(ii) if additional right-of-way is required, all landowners of property crossed by the electric facilities have given prior written consent.(C) The installation, on an existing transmission line, of an additional circuit not previously certificated, provided that:(i) the additional circuit is not greater than 230 kV; and(ii) all landowners whose property is crossed by the transmission facilities have given prior written consent.(D) The relocation of all or part of an existing transmission facility due to a request for relocation, provided that:(i) the relocation is to be done at the expense of the requesting party; and(ii) the relocation is solely on a right-of-way provided by the requesting party.(E) The relocation or alteration of all or part of an existing transmission facility to avoid or eliminate existing or impending encroachments, provided that all landowners of property crossed by the electric facilities have given prior written consent.(F) The relocation, alteration, or reconstruction of a transmission facility due to the requirements of any federal, state, county, or municipal governmental body or agency for purposes including, but not limited to, highway transportation, airport construction, public safety, or air and water quality, provided that:(i) all landowners of property crossed by the electric facilities have given prior written consent; and(ii) the relocation, alteration, or reconstruction is responsive to the governmental request.(6) Upgrades to an existing transmission line by an MPE that do not require any additional land, right-of-way, easement, or other property not owned by the MOU;(7) The construction, installation, or extension of a transmission facility by an MPE that is entirely located not more than 10 miles outside of an MOU's certificated service area that occurs before September 1, 2021; or(8) A transmission facility by an MOU placed in service after September 1, 2015, that is developed to interconnect a new natural gas generation facility to the ERCOT transmission grid and for which, on or before January 1, 2015, an MOU was contractually obligated to purchase at least 190 megawatts of capacity.(d) Standards of construction and operation. In determining standard practice, the commission will be guided by the provisions of the American National Standards Institute, Incorporated, the National Electrical Safety Code, and such other codes and standards that are generally accepted by the industry, except as modified by this commission or by municipal regulations within their jurisdiction. Each electric utility must construct, install, operate, and maintain its plant, structures, equipment, and lines in accordance with these standards, and in such manner to best accommodate the public, and to prevent interference with service furnished by other public utilities insofar as practical.(1) The standards of construction apply to, but are not limited to, the construction of any new electric transmission facilities, rebuilding, upgrading, or relocation of existing electric transmission facilities.(2) For electric transmission line construction requiring the acquisition of new rights-of-way, an electric utility must include in the easement agreement, at a minimum, a provision prohibiting the new construction of any above-ground structures within the right-of-way. For this purpose, new construction of above-ground structures does not include necessary repairs to existing structures, farm or livestock facilities, storage barns, hunting structures, small personal storage sheds, or similar structures. A utility may negotiate appropriate exceptions in instances where the electric utility is subject to a restrictive agreement being granted by a governmental agency or within the constraints of an industrial site. Any exception to this paragraph must meet all applicable requirements of the National Electrical Safety Code.(3) Measures must be applied when appropriate to mitigate the adverse impacts of the construction of any new electric transmission facilities, and the rebuilding, upgrading, or relocation of existing electric transmission facilities. Mitigation measures must be adapted to the specifics of each project and may include such requirements as:(A) selective clearing of the right-of-way to minimize the amount of flora and fauna disturbed;(B) implementation of erosion control measures;(C) reclamation of construction sites with native species of grasses, forbs, and shrubs; and(D) returning site to its original contours and grades.(e) Certificates of convenience and necessity for existing service areas and facilities. For purposes of granting these certificates for those facilities and areas in which an electric utility was providing service on September 1, 1975, or was actively engaged in the construction, installation, extension, improvement of, or addition to any facility actually used or to be used in providing electric utility service on September 1, 1975, unless found by the commission to be otherwise, the following provisions prevail for certification purposes:(1) The electrical generation facilities and service area boundary of an electric utility having such facilities in place or being actively engaged in the construction, installation, extension, improvement of, or addition to such facilities or the electric utility's system as of September 1, 1975, must be limited, unless otherwise provided, to the facilities and real property on which the facilities were actually located, used, or dedicated as of September 1, 1975.(2) The transmission facilities and service area boundary of an electric utility having such facilities in place or being actively engaged in the construction, installation, extension, improvement of, or addition to such facilities or the electric utility's system as of September 1, 1975, must be, unless otherwise provided, the facilities and a corridor extending 100 feet on either side of said transmission facilities in place, used or dedicated as of September 1, 1975.(3) The facilities and service area boundary for the following types of electric utilities providing distribution or collection service to any area, or actively engaged in the construction, installation, extension, improvement of, or addition to such facilities or the electric utility's system as of September 1, 1975, must be limited, unless otherwise found by the commission, to the facilities and the area which lie within 200 feet of any point along a distribution line, which is specifically deemed to include service drop lines, for electrical utilities.(f) Transferability of certificates. Any certificate granted under this section is not transferable without approval of the commission and remains in force until further order of the commission.(g) Certification forms. All applications for certificates of convenience and necessity must be filed on commission-prescribed forms so that the granting of certificates, both contested and uncontested, may be expedited. Forms may be obtained from Central Records.(h) Commission authority. Nothing in this section is intended to limit the commission's authority to recommend or direct the construction of transmission under PURA §§35.005, 36.008, or 39.203(e).", "sourceNote": "Source Note: The provisions of this §25.101 adopted to be effective January 1, 2003, 27 TexReg 10016; amended to be effective May 25, 2011, 36 TexReg 3182; amended to be effective April 4, 2012, 37 TexReg 2167; amended to be effective May 7, 2014, 39 TexReg 3588; amended to be effective May 7, 2015, 40 TexReg 2411; amended to be effective July 5, 2016, 41 TexReg 4805; amended to be effective December 20, 2022, 47 TexReg 8254." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "97110", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.102", "label": "Coastal Management Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213336", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Consistency requirement. If a transmission service provider or electric utility's request for a certificate of convenience and necessity includes transmission or generation facilities located, either in whole or in part, within the coastal management program boundary as defined in 31 T.A.C. §503.1, the transmission service provider or electric utility shall state in its initial application that: \"This application includes facilities located within the coastal management program boundary as defined in 31 T.A.C. §503.1.\" In addition, the transmission service provider or electric utility shall indicate in its application whether any part of the proposed facilities are seaward of the Coastal Facility Designation Line as defined in 31 T.A.C. §19.2(a)(21) and identify the type (or types) of Coastal Natural Resource Area (or Areas) using the designations in 31 T.A.C. §501.3(b), that will be impacted by any part of the proposed facilities. The commission may grant a certificate for the construction of generating or transmission facilities within the coastal boundary as defined in 31 T.A.C. §503.1 only when it finds that the proposed facilities are consistent with the applicable goals and policies of the Coastal Management Program specified in 31 T.A.C. §501.14(a), or that the proposed facilities will not have any direct and significant impacts on any of the applicable coastal natural resource areas specified in 31 T.A.C. §501.3(b).(b) Thresholds for review. If the proposed facilities exceed the thresholds for referral to the Coastal Coordination Council established in this section, then, in its order approving the certificate of convenience and necessity, the commission shall describe the proposed facilities and their probable impact on the applicable coastal resources specified in 31 T.A.C. §501.14(a) in the findings of fact and conclusion of law. These findings should also identify the goals and policies applied and an explanation of the basis for the commission's determination that the proposed facilities are consistent with the goals and policies of the Coastal Management Program or why the action does not adversely affect any applicable coastal natural resource specified in 31 T.A.C. §501.14(a).(1) Generating facilities. In accordance with 31 T.A.C. §505.26, certificates for generating facilities subject to subsection (a) of this section may be referred to the Coastal Coordination Council for review pursuant to 31 T.A.C. §505.32 if any part of the generating facilities certificated are located seaward of the Coastal Facility Designation Line as defined in 31 T.A.C. §19.2(a)(21) and within:(A) coastal historic areas as defined in 31 T.A.C. §501.3(b)(2);(B) coastal preserve as defined in 31 T.A.C. §501.3(b)(3);(C) coastal shore areas as defined in 31 T.A.C. §501.3(b)(4);(D) coastal wetlands as defined in 31 T.A.C. §501.3(b)(5);(E) critical dune areas as defined in 31 T.A.C. §501.3(b)(6);(F) critical erosion areas as defined in 31 T.A.C. §501.3(b)(7);(G) Gulf beaches as defined in 31 T.A.C. §501.3(b)(8);(H) hard substrate reefs as defined in 31 T.A.C. §501.3(b)(9);(I) oyster reefs as defined in 31 T.A.C. §501.3(b)(10);(J) submerged lands as defined in 31 T.A.C. §501.3(b)(12);(K) submerged aquatic vegetation as defined in 31 T.A.C. §501.3(b)(13); or(L) tidal sand and mud flats as defined in 31 T.A.C. §501.3(b)(14).(2) Transmission facilities. In accordance with 31 T.A.C. §505.26, certificates for transmission facilities subject to subsection (a) of this section may be referred to the Coastal Coordination Council for review pursuant to 31 T.A.C. §505.32 if any part of the transmission facilities certificated are located within Coastal Barrier Resource System Units or Otherwise Protected Areas seaward of the Coastal Facility Designation Line as defined in 31 T.A.C. §19.2(a)(21) and within:(A) coastal wetlands as defined in 31 T.A.C. §501.3(b)(5);(B) critical dune areas as defined in 31 T.A.C. §501.3(b)(6);(C) Gulf beaches as defined in 31 T.A.C. §501.3(b)(8);(D) hard substrate reefs as defined in 31 T.A.C. §501.3(b)(9);(E) oyster reefs as defined in 31 T.A.C. §501.3(b)(10);(F) special hazard areas as defined in 31 T.A.C. §501.3(b)(11);(G) submerged aquatic vegetation as defined in 31 T.A.C. §501.3(b)(13); or(H) tidal sand and mud flats as defined in 31 T.A.C. §501.3(b)(14).(c) Register of certificates subject to the Coastal Management Program. The executive director of the commission or the executive director's designee shall maintain a record of all certificates subject to the Coastal Management Program and provide a copy of the record to the Coastal Coordination Council on a quarterly basis.(d) Notice.(1) Notice of receipt. When publishing notice of receipt of an application identified by the applicant as subject to the Coastal Management Program, the commission shall include the following statement: \"This application includes facilities subject to the Coastal Management Program and must be consistent with the Coastal Management Program goals and policies.\"(2) Notice to the Coastal Coordination Council. The commission shall place the secretary of the Coastal Coordination Council on the service list for any proceeding involving an application subject to the Coastal Management Program.", "sourceNote": "Source Note: The provisions of this §25.102 adopted to be effective March 25, 1999, 24 TexReg 1999; amended to be effective January 1, 2003, 27 TexReg 10016." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213336", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.105", "label": "Registration by Power Marketers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213337", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section contains the registration and renewal of registration requirements for a power marketer. A person must be registered as a power marketer with the commission in order to participate in the Texas wholesale market as a power marketer. The registration of a person already registered as a power marketer as of the effective date of this section expires on January 1, 2024 unless the person files a new registration in compliance with the requirements of this section.(b) Registration information. To register as a power marketer, a person must submit the following information in the manner established by the commission.(1) The registrant's contact information, including the registrant's:(A) physical and business mailing address;(B) business telephone number; and(C) business e-mail address.(2) The name of the current regulatory contact, and the contact's e-mail address and telephone number.(3) The addresses of any facilities used by the registrant in Texas.(4) A description of the activities the registrant will participate in, and services provided.(5) As applicable, copies of all information filed with the Federal Energy Regulatory Commission (FERC) relating to the registrant's FERC registration to sell electric energy at market-based rates.(6) An affidavit signed by a representative, official, officer, or other authorized person with binding authority over the registrant affirming that the registrant qualifies as a power marketer. The affidavit must also include the following information:(A) the business name of any affiliated entity registered with the commission and the type of commission registration associated with each affiliated entity;(B) whether each affiliate buys or sells electricity at wholesale in Texas; sells electricity at retail in Texas; or is an electric cooperative or municipally owned utility in Texas; and(C) the business name of any affiliated qualified scheduling entity.(c) Update of registration. A power marketer must update, in a manner established by the commission, its registration within 30 days of a change to information listed under subsection (b) of this section.(d) Renewal of registration. A power marketer must renew its registration on or before November 1 of each calendar year by submitting, in a manner established by the commission, the information required by subsection (b) of this section or by submitting a statement that the power marketer's registration information on file with the commission is current.(1) Commission staff will send one notice to the regulatory contact listed for a power marketer that has not submitted its registration renewal by November 1st. Commission staff's failure to send this notice does not excuse a power marketer from complying with any of the requirements of this section.(2) A power marketer registration that is not renewed by December 31st of each calendar year expires.(3) Commission staff will notify Electric Reliability Council of Texas of a power marketer whose registration has expired.(4) A person may not continue to operate as a power marketer in Texas after its registration has expired.(5) A person whose power marketer registration is expired may apply for a new registration at any time.(e) Commission list of power marketers. The commission will maintain a list of power marketers registered in Texas on the commission's website. A power marketer that fails to renew its registration under subsection (d) of this section may be listed as \"Expired\" on the commission's list of power marketers.", "sourceNote": "Source Note: The provisions of this §25.105 adopted to be effective April 26, 2023, 48 TexReg 2089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213337", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.107", "label": "Certification and Obligations of Retail Electric Providers (REPs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "80447", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) This section contains the certification and reporting requirements applicable to a retail electric provider (REP).(A) A person must obtain a REP certificate under this section before purchasing, taking title to, or reselling electricity to provide retail electric service. A person may certify as an Option 1 REP, Option 2 REP, or Option 3 REP under this section. Certification must be maintained on an ongoing basis by timely reporting and updating the certification information in accordance with subsections (i) and (h) of this section.(B) A person that does not purchase, take title to, or resell electricity to provide electric service to a retail customer is not a REP and must not act as a REP without obtaining a certificate under this section. A REP that outsources retail electric service functions is responsible for those functions in accordance with all applicable laws and commission rules for all activities conducted on its behalf by any third-party provider.(C) A person who owns or operates equipment used solely to provide electricity charging service for consumption by an alternatively fueled vehicle, as defined by Transportation Code, Section 502.004, is not, for that reason, required to be certified as a REP.(2) This section also applies, where specifically stated, to an independent system operator or transmission and distribution utility (TDU).(3) A person certified as an Option 1 REP via an application submitted prior to the effective date of this section must come into compliance with the requirements of this section by March 5, 2024. Prior to March 5, 2024, a person certified as an Option 1 REP via an application submitted prior to the effective date of this section must meet the requirements of this section as it was in effect on April 1, 2023.(A) A REP must complete and file a commission approved compliance update form that demonstrates the REP is in compliance with this section on or before March 5, 2024.(B) A REP who does not demonstrate compliance with this section on or before March 5, 2024, may be subject to a suspension of acquiring new customers under subsection (l) of this section.(b) Definitions. The following words and terms when used in this section have the following meanings unless the context indicates otherwise.(1) Affiliate--As defined in §25.5 of this title (relating to Definitions).(2) Assumed name--Has the meaning assigned in Chapter 71 of the Texas Business and Commerce Code.(3) Continuous and reliable electric service--Retail electric service provided by a REP that is consistent with the customer's terms and conditions of service and uninterrupted by the unlawful or unjustified action or inaction of the REP.(4) Control--The term control (including the terms controlling, controlled by and under common control with) means the direct or indirect possession of binding authority to direct or cause the direction of the management, policies, operations, or decision-making of a person, whether through ownership of voting securities, by contract, formation documents, or otherwise. A principal is a controlling person. A third-party provider may be a controlling person.(5) Default--As defined in a TDU tariff for retail delivery service, Electric Reliability Council of Texas (ERCOT) qualified scheduling entity (QSE) agreement, or ERCOT load serving entity (LSE) agreement, ERCOT standard form market participant agreement (SFA), or any similar agreement with an applicable independent organization other than ERCOT.(6) Executive officer--An entity's president, any vice president in charge of a principal business unit, division or function (such as sales, administration or finance), any other officer who performs a policy making function, or any other person who performs similar policy making functions. Executive officers of subsidiaries may be deemed executive officers of the entity if they perform such policy making functions for the entity.(7) Guarantor--A person that provides an irrevocable guaranty agreement using the standard form approved by the commission under this section.(8) Investment-grade credit rating--A long-term unsecured credit rating issued by the bond credit rating companies Moody's Investors' Service (Moody's), Standard & Poor (S&P), or Fitch of at least \"Baa3\" from Moody's or \"BBB-\" from S&P or Fitch.(9) Option 1 REP--A REP that provides its service offerings to any customer class based on geographic service area.(10) Option 2 REP--A REP that limits its service offerings to specifically identified customers, each of whom contracts for one megawatt or more of capacity.(11) Option 3 REP--A REP that sells electricity exclusively to a retail customer, other than a small commercial or residential customer, from a distributed generation facility owned by a power generation company (PGC) that has registered in accordance with §25.109 of this title (relating to Registration of Power Generation Companies and Self-Generators) located on the same geographic site as the customer. (12) Person--An individual or any business entity, including and without limitation, a limited liability company, a partnership of two or more persons having a joint or common interest, a mutual or cooperative association, or a corporation. Person does not include an electric cooperative or a municipal corporation.(13) Principal--Includes:(A) A sole proprietor;(B) A partner of a partnership;(C) An executive of a company (e.g., a president, chief executive officer, chief operating officer, chief financial officer, general counsel, or equivalent position);(D) A manager, managing member, or a member vested with the management authority of a limited liability company or limited liability partnership;(E) A shareholder with more than 10% equity of the REP, if a public company; or(F) A person who exercises control and has apparent or actual authority to exercise such control over either the REP or a principal that is otherwise described by this subsection. A consultant, third-party provider, or fiduciary of a company such as the board of directors, is a principal if it has apparent or actual authority to exercise control over the REP or principals of the REP, and exercises such control.(14) Shareholder--The legal or beneficial owner of any of the equity of any business entity as the context and applicable business entity requires, including, stockholders of corporations, members of limited liability companies and equity partners of partnerships. (15) Tangible net worth--Total shareholders' equity, determined in accordance with generally accepted accounting principles, less intangible assets other than goodwill.(16) Third-party provider--An entity to which a REP outsources or plans to outsource any retail or wholesale electric functions. A contractor, consultant, agent, or any other person not directly employed by the REP can be a third-party provider. A third-party provider is a principal if it has apparent or actual authority to exercise control over the REP or principals of the REP, and exercises such control.(c) Application processing.(1) A person can apply to certify as a REP or amend a REP certification by submitting a complete application on a form approved by the commission. Commission staff will review each application for sufficiency and submit a recommendation to the presiding officer within 20 days after the application is filed. The presiding officer will make a determination of sufficiency of the application within ten days of receipt of commission staff's recommendation. If the presiding officer finds that the application is deficient, the presiding officer must notify the applicant. The applicant will have ten days from the issuance of the notice to cure the deficiencies. If the deficiencies are not cured within ten days, the presiding officer may notify the applicant that the certification request is rejected without prejudice.(2) While an application for certification or amendment is pending, an applicant must notify the commission of any material change to the information provided in the application within ten days of any such change in accordance with subsection (h)(2) of this section.(3) Except where good cause exists to extend the time for review, the presiding officer will issue an order approving, rejecting, or approving with modifications, an application within 90 days of finding an application sufficient.(4) For applications to certify as an Option 1 REP, the presiding officer will deny an application if the configuration of the proposed geographic area would unduly discriminate in the provision of electric service to any customer because of race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, disability, or familial status; because the customer is located in an economically distressed geographic area or qualifies for low income affordability or energy efficiency services; or because of any other reason prohibited by law.(5) An Option 2 REP application for certification that meets all other requirements of this section except for the provision of customer affidavits under subparagraph (d)(2)(I) may be conditionally granted by the presiding officer. If such an application is conditionally granted, the applicant must, within 30 days from the date the application is granted, file in the docket the affidavit or affidavits required by subsection (d)(2)(I). The application will be withdrawn and the application denied with respect to each customer for whom the applicant fails to timely file the required affidavit. Within 45 days after the application is conditionally granted, commission staff must file a status report indicating whether each of the required affidavits were timely filed. The presiding officer will then issue a follow-up order confirming the approval of the application as to each customer for whom the required affidavit was filed and denying the application as to each customer for whom the required affidavit was not filed.(6) Document format. If a provision of this subsection specifies a certain format for a document that must be filed with or submitted to the commission, an applicant must file or submit that document in the native format specified. A document filed in its native format must permit basic data manipulation functions, such as copying and pasting of data.(d) Basic requirements.(1) A REP must maintain its certification by complying with the following subparagraphs on an ongoing basis.(A) Only provide retail electric service under the name or names set forth in an approved application for certification or subsequent amendment application. A REP's certificate must contain the REP's legal business name and all assumed names under which it proposes to provide service.(B) Not use more than five assumed names in the REP's regular course of business.(C) Maintain an active business registration with the Texas Secretary of State.(D) Maintain current and accurate contact information including:(i) the applicant's primary contact name and title, street and mailing address, business telephone number and toll-free number, business e-mail address, and applicant's web address;(ii) for the pendency of the application or amendment, the authorized representative's name, title, street and mailing address, telephone number, e-mail address, and web address;(iii) regulatory contact name, title, street and mailing address, telephone number, e-mail address and web address;(iv) customer complaint contact name, title, street and mailing address, telephone number including a toll-free number, e-mail address and web address;(v) emergency contact's name, title, telephone number, and e-mail address, and web address; and(E) Maintain current and accurate office information including:(i) An office that has street address located within Texas that is open during normal business hours for the purpose of providing customer service and making available to commission staff books and records sufficient to establish the REP's compliance with Public Utility Regulatory Act (PURA) and commission rules; the office must have the following contact information where the REP's staff can be directly reached:(I) a business telephone number and toll-free number,(II) a business e-mail address and web address, and(III) a business postal address that is not a post office box.(ii) The applicant's state of formation or incorporation, and the address of the applicant's primary business office; and(iii) A mailing address, if different from the applicant's Texas office address or primary business office address; and(iv) The name and address of the applicant's registered agent for the purpose of receiving service of process.(F) Comply with all applicable scheduling, operating, planning, reliability, customer registration, and settlement policies, protocols, guidelines, procedures, and other protocols established by the applicable independent organization including any independent organization requirements for 24-hour coordination with control centers for scheduling changes, reserve implementation, curtailment orders, and interruption plan implementation.(G) Comply with the registration and certification requirements of the applicable independent organization and its system rules and protocols, or each contract for services with a third-party provider that is required to be registered with or certified by the applicable independent organization.(H) Maintain adequate staffing and employee training to meet all service level commitments.(I) Respond within five working days to any commission or commission staff request for information, unless otherwise provided by the commission, commission staff, or other applicable law.(2) An applicant must provide the following information to the commission to certify as a REP under this section.(A) An application for certification or amendment to a certificate must be made on a form approved by the commission, specify whether the applicant seeks to obtain or amend a REP certificate, and be accompanied by a signed, notarized affidavit attesting that all material provided in the application is true, correct, and complete. The affidavit must be signed by an executive officer of the applicant.(B) Information related to the applicant's status as a legal entity, including information related to its tax status and authority to do business in Texas to verify the information required under paragraphs (1)(A)-(C) of this subsection. The following information must be provided:(i) A copy of the applicant's Texas Secretary of State registration and filing numbers associated with the registration. A business name must not be deceptive, misleading, vague, otherwise contrary to §25.272 of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates), or duplicative of a name previously approved for use by a REP certificate holder.(ii) The applicant's Texas Comptroller of Public Accounts tax identification number, and all other relevant or other applicable certification or file numbers.(C) The applicant's current contact information required under paragraph (1)(D) of this subsection.(D) The applicant's current office information required under paragraph (1)(E) of this subsection.(E) Information on the applicant, including:(i) a list of the applicant's subsidiaries and parent companies up to the ultimate corporate parent, and any sister companies that are registered or certified with the commission. Each company must be identified by name and, if applicable, type of commission registration or certification.(ii) an ownership and corporate structure chart that includes ownership percentages. The chart must be as detailed as practicable, but must contain, at minimum, the entities listed under clause (i) of this subparagraph and any entities with more than ten percent ownership of the REP or any of the REP's parent companies with a controlling interest in the REP.(iii) a list of all principals, provided in Microsoft Excel format;(iv) a list of all executive officers, provided in Microsoft Excel format.(F) A statement affirming compliance with paragraphs (1)(F) - (I) of this subsection and a short summary describing how the applicant has complied, or for paragraph (1)(I) of this subsection how the applicant will comply, with each subparagraph.(G) The control number and item number where the applicant has filed its Emergency Operations Plan as required under §25.53 of this title (relating to Electric Service Emergency Operations Plans).(H) An applicant for an Option 1 REP certificate must designate one of the following categories as its geographic service area:(i) The geographic area of the entire state of Texas;(ii) A specific geographic area (indicating the zip codes applicable to that area);(iii) The service area of one or more specific TDUs, municipal utilities, or electric cooperatives in which competition is offered; or(iv) The geographic area of ERCOT or other independent organization to the extent it is within Texas.(I) An applicant for an Option 2 REP certificate must include a signed, notarized affidavit stating that it will only contract with customers to provide one megawatt or more of energy. Within 30 days of conditional commission approval of the application and before an Option 2 REP begins serving a customer, the Option 2 REP must file with the commission a signed, notarized affidavit from each customer with which it has contracted to provide one megawatt or more of energy. The affidavit may be submitted by the applicant while the application for an Option 2 REP certificate is pending. Each customer affidavit must state that the customer understands and accepts the REP's ability to provide continuous and reliable electric service based on the applicant's financial, managerial, and technical resources.(J) An applicant for an Option 3 REP certificate must:(i) identify the name of the PGC that owns the distributed generation facilities and affirm that the PGC is registered under §25.109 of this title; and(ii) provide a signed, notarized affidavit from an executive officer of the PGC confirming:(I) the PGC operating the distributed generation facility conforms to the requirements of §25.211 of this title (relating to Interconnection of On-Site Distributed Generation (DG)) and §25.212 of this title (relating to Technical Requirements for Interconnection and Parallel Operation of On-Site Distributed Generation);(II) the distributed generation facility is installed by a licensed electrician, consistent with the requirements of the Texas Department of Licensing and Regulation; and(III) the distributed generation facility is installed in accordance with the National Electric Safety Code as adopted by the Texas Department of Licensing and Regulation and otherwise complies with all applicable local and regional building codes.(e) Technical and managerial requirements. An Option 1 REP must have the technical and managerial resources and ability to provide continuous and reliable retail electric service to customers, in accordance with its customer contracts, PURA, commission rules, applicable independent organization protocols, and other applicable laws. This subsection does not apply to an Option 2 or Option 3 REP.(1) Technical and managerial resource requirements. The following are technical and managerial resource requirements a REP must maintain on an ongoing basis.(A) One or more principals or employees in managerial positions whose combined experience in the competitive electric industry or competitive gas industry equals or exceeds 15 years. A third-party provider's experience may not be used to meet this requirement.(B) One executive officer or employee in a managerial position who has five years of experience in energy commodity risk management of a substantial energy portfolio. Alternatively, the REP may enter into a contract for a term not less than two years with a third-party provider of commodity risk management services that has been providing such services for a substantial energy portfolio for at least five years. A substantial energy portfolio means managing electricity or gas market risks with a minimum value of at least $10,000,000. (C) If providing retail electric service in the ERCOT region, compliance with all applicable ERCOT requirements, including:(i) execution of a service agreement with a QSE;(ii) maintaining the capability and effective procedures to be the primary point of contact for retail electric customers for distribution system service in accordance with applicable commission rules, including procedures for relaying outage reports to the TDU on a 24-hour basis;(iii) providing outage notifications in accordance with § 25.53 of this title; and(iv) completing ERCOT flight test obligations.(D) A customer service plan that describes how the REP complies with the commission's customer protection and anti-discrimination rules.(2) Technical and managerial documentation requirements. The following information must be provided by an applicant to demonstrate compliance with the technical and managerial requirements under paragraph (1) of this subsection.(A) A list of all third-party providers accompanied by a description of each third-party provider's responsibilities and delegation of authority, provided in Microsoft Excel format.(B) Resumes showing prior experience of one or more of the applicant's principals or managerial employees in the competitive retail electric industry or competitive gas industry to demonstrate at least 15 years of experience and, if applicable, a resume showing one of the applicant's executive officers or managerial employees possess at least five years' experience in commodity risk management.(C) If relying upon a third-party provider for commodity risk management services to satisfy the requirement for paragraph (1)(B) of this subsection, a copy of the executed contract is required.(D) Any complaint history, disciplinary record and compliance record during the ten years immediately preceding the filing of the application regarding the applicant, the applicant's corporate parents, all sister companies and subsidiaries of the applicant, and affiliates of the foregoing that provide utility-like services such as telecommunications, internet, broadband, electric, gas, water, or cable service; the applicant's principals; and any person that merged with any of the preceding persons.(i) The complaint history, disciplinary record, and compliance record must include information from any federal agency including the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission; any self-regulatory organization relating to the sales of securities, financial instruments, physical or financial transactions in commodities, or other financial transactions; state public utility commissions, state attorney general offices, or other regulatory agencies in states where the applicant is doing business or has conducted business in the past including state securities boards or commissions, the Texas Secretary of State, Texas Comptroller's Office, and Office of the Texas Attorney General. Relevant information must include the type of complaint, status of complaint, resolution of complaint, and the number of customers in each state where complaints occurred.(ii) The applicant may request to limit the inclusion of this information if it would be unduly burdensome to provide, so long as the information provided is adequate for the commission to assess the applicant's and the complaint history of the applicant's principals and affiliates, disciplinary record, and compliance record.(iii) Any complaint information on file at the commission may also be considered when reviewing the application.(E) The following statements must be supported by a signed notarized affidavit made by an executive officer of the applicant. (i) A statement indicating whether the applicant or the applicant's principals are currently under investigation or have been penalized by an attorney general or any state or federal regulatory agency for violation of any deceptive trade or consumer protection laws or regulations.(ii) A statement that identifies whether the applicant or applicant's principals have been convicted or found liable for fraud, theft, larceny, deceit, or violations of any securities laws, customer protection laws, or deceptive trade laws in any state.(iii) A statement that the applicant will register with or be certified by the applicable independent organization and that the applicant will comply with the technical and managerial requirements of this subsection; and that third-party providers with whom the applicant has a contractual relationship are registered with or certified by the independent organization, as appropriate, and will comply with all system rules and protocols established by the applicable independent organization.(iv) A statement that identifies and, if applicable, describes the applicant's relationship with any of the following persons. (I) Identification of all of the applicant's principals, executive officers, employees, and third-party providers that:(-a-) exercised direct or indirect control over a REP that experienced a mass transition of the REP's customers under §25.43 of this title (relating to Provider of Last Resort (POLR)) at any time within the six months prior to the mass transition;(-b-) exercised direct or indirect control over a market participant at any time within the six months prior to a market participant having had its ERCOT SFA terminated or a similar agreement for an applicable independent organization other than ERCOT terminated;(-c-) exercised direct or indirect control of a market participant within the prior six months of a market participant having exited an electricity or gas market with outstanding payment obligations that remain outstanding; or(-d-) have been barred, in any way, participation by commission order.(II) If a relationship exists as described in subclause (I) of this clause, the applicant must include in the affidavit for each such relationship:(-a-) the name of the person;(-b-) the name of the REP that experienced a mass transition of its customers under §25.43 of this title or market participant whose ERCOT SFA or similar agreement for an applicable independent organization was terminated or exited a market with outstanding payment obligations;(-c-) details about the person's relationship with the REP or market participant;(-d-) factual statements about the events that necessitated this response, including, if applicable, whether and, if so, how the REP that experienced a mass transition of its customers under §25.43 of this title settled all outstanding payment obligations;(-e-) the person's current relationship or position with the applicant; and(-f-) the extent of the person's apparent or actual authority to act in such a way that may be perceived as having direct or indirect control over the applicant.(v) A statement affirming that the persons listed under paragraph (g)(1) of this section do not control the applicant and are not relied upon to meet the requirements of subsection (e)(1)(A) and (B) of this section.(F) To document compliance with subsection (e)(1)(C) of this section, an applicant must provide:(i) all relevant information related to each service agreement executed with a QSE, including:(I) the term of the service agreement and date the service agreement began;(II) the name of the QSE;(III) the QSE's contact name and title;(IV) the QSE's physical address;(V) the QSE's e-mail address and web address; and(VI) the QSE's business telephone number and toll-free number;(ii) a confirmation that applicant has the capability and effective procedures to be the primary point of contact for retail electric customers for distribution system service in accordance with applicable commission rules, including procedures for relaying outage reports to the TDU on a 24-hour basis;(iii) a confirmation that applicant will provide outage notifications in accordance with §25.53 of this title; and(iv) a confirmation that applicant has or will soon complete ERCOT's flight test obligation.(f) Financial requirements. An Option 1 REP must, on an ongoing basis, maintain compliance with paragraph (1) of this subsection and, as applicable, paragraph (2) and (3) of this subsection. This subsection does not apply to an Option 2 or Option 3 REP.(1) Access to capital. A REP must maintain the requirements of subparagraph (A) or (B) of this paragraph on an ongoing basis.(A) A REP may maintain an executed version of the commission approved standard form irrevocable guaranty agreement.(i) The guarantor must be:(I) One or more affiliates of the REP;(II) A financial institution with an investment-grade credit rating; or(III) A provider of wholesale power supply for the REP, or one of such power provider's affiliates, with whom the REP has executed a power purchase agreement.(ii) The guarantor must have:(I) An investment-grade credit rating; or(II) Tangible net worth greater than or equal to $100 million, a minimum current ratio (defined as current assets divided by current liabilities) of 1.0, and a debt to total capitalization ratio not greater than 0.60, where all calculations exclude unrealized gains and losses resulting from valuing to market the power contracts and financial instruments used as supply hedges to serve load.(B) A REP may maintain an irrevocable stand-by letter of credit with a face value as determined in clause (i) of this subparagraph, based on the number of electronic service identifiers (ESI IDs) the REP serves in the manner prescribed by clauses (ii) and (iii) of this subparagraph. Additionally, for the first 24 months a REP is serving load it must maintain not less than one million dollars in shareholders' equity in accordance with clauses (iv) and (v) of this subparagraph.(i) Attached Graphic(ii) The number of ESI IDs includes all customer classes to which a REP provides retail electric service.(iii) As the number of ESI IDs served by the REP increases, the irrevocable stand-by letter of credit must be adjusted to reflect the required value as determined in clause (i) of this subparagraph. As the number of ESI IDs served by the REP decreases, the irrevocable stand-by letter of credit may be adjusted to reflect the required value as determined in clause (i) of this subparagraph.(iv) For the first 24 months a REP is serving load, a REP must not make any distribution or other payment to any shareholders, affiliates, or corporate parent's affiliates if, after giving effect to the distribution or other payment, the REP's shareholders' equity is less than one million dollars. Distributions or other payments include dividend distributions, redemptions and repurchases of equity securities, and loans to shareholders or affiliates.(v) After a REP has continuously served load for 24 months, a prescribed amount of maintained shareholders' equity is no longer required.(2) Customer deposits and prepayments. A REP certified to collect customer deposits must comply with this paragraph and the requirements of §25.478 of this title (relating to Credit Requirements and Deposits). A REP certified to collect customer prepayments must comply with this paragraph and the requirements of §25.498 of this title (relating to Prepaid Service).(A) A REP must maintain customer deposits and prepayments in an escrow account, segregated cash account, or provide an irrevocable stand-by letter of credit.(i) If a REP is certified to collect both customer deposits and prepayments then the REP must use and maintain either an escrow account, segregated cash account, or irrevocable stand-by letter of credit to protect customer deposits and prepayments. If a REP uses an escrow account or segregated cash account, the same account must be used for customer deposits and prepayments. More than one irrevocable stand-by letter of credit can be provided to protect customer deposits and prepayments.(ii) For customer deposits, the escrow account, segregated cash account, or an irrevocable stand-by letter of credit must be adjusted, as necessary, to maintain a minimum of 100% coverage of the REP's outstanding customer deposits held at the close of each calendar month.(iii) For customer prepayments, a REP must maintain, at minimum, protection for all customer prepayments that equals or exceeds $50. The balance of an escrow account, segregated cash account, or an irrevocable stand-by letter of credit must be adjusted, as necessary, to maintain a minimum of 100% coverage of customer prepayment funds equal to or exceeding $50 held at the close of each calendar month.(B) Any irrevocable stand-by letter of credit provided under this paragraph must be in addition to the irrevocable stand-by letter of credit required by paragraph (1)(B) of this subsection.(3) Bankruptcy disclosure. If a REP files a petition for bankruptcy, is the subject of an involuntary bankruptcy proceeding, or in any other manner becomes insolvent, including being in default with the applicable independent organization or with a TDU:(A) The REP must notify the commission within three working days of this event and must file with the commission a summary of the nature of the event; and(B) The notification must be filed in the commission control number established for notices prescribed under this paragraph. If the REP has filed a petition for bankruptcy, then the REP must include in its filing the petition that initiated the bankruptcy.(4) Financial documentation requirements. The following must be provided by an applicant to demonstrate compliance with the financial requirements under paragraphs (1), (2), and (3) of this subsection, as applicable. Additionally, the applicant must provide the month and last day of the applicant's reporting fiscal year or, if the applicant has a guarantor, the guarantor's reporting fiscal year. The applicant must also provide a summary of any history of insolvency, bankruptcy, dissolution, merger, or acquisition of the applicant or any predecessors in interest during the 60 calendar months immediately preceding the filing of the application.(A) Investment-grade credit ratings must be documented by reports from a credit reporting agency. The report the applicant provides must be the most recently released report by the credit reporting agency.(B) Tangible net worth, current ratio, and debt to capitalization ratio calculations must be supported by a signed, notarized affidavit from an executive officer of the guarantor that attests to the accuracy of the calculations and be documented by audited or unaudited financial statements of the guarantor for the most recently completed quarter.(i) Audited financial statements must include the independent auditor's report and accompanying notes.(ii) Unaudited financial statements must include a signed, notarized affidavit, in addition to any other provided affidavits, which attests to the accuracy, in all material respects, of the information provided in the unaudited financial statements.(iii) Three consecutive months of monthly statements may be submitted in lieu of quarterly statements, if quarterly statements are not available.(iv) The requirement for financial statements may be satisfied by filing a copy of, or providing an electronic link, to the guarantor's most recent financial statements filed with any agency of the federal government, including the U.S. Securities and Exchange Commission.(C) Shareholders' equity must be documented by the audited or unaudited financial statements of the applicant for the most recently completed quarter.(i) Audited financial statements must include the independent auditor's report and accompanying notes.(ii) Unaudited financial statements must include a signed, notarized affidavit, in addition to any other provided affidavits, which attests to the accuracy, in all material respects, of the information provided in the unaudited financial statements.(iii) Three consecutive months of monthly statements may be submitted in lieu of quarterly statements, if quarterly statements are not available.(iv) The requirement for financial statements may be satisfied by filing a copy of, or providing an electronic link, to the REP's most recent financial statements filed with any agency of the federal government, including the U.S. Securities and Exchange Commission.(D) Segregated cash accounts must be documented by a current account statement and the executed agreement with an unaffiliated person that controls the segregated cash account.(i) The account statement must clearly identify:(I) the name of the financial institution where the applicant has established the account;(II) the account number; and(III) the account name, which must clearly indicate the account is designated for containing only customer deposits, prepayments, or both.(ii) The account must be maintained at a financial institution that is supervised or examined by the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, or a state banking department and is a:(I) U.S. domestic bank; or(II) a domestic office of a foreign bank with an investment-grade credit rating.(iii) A REP must provide an executed agreement with a provider of credit that governs the control and management of the account. The provider of credit must not be affiliated with the applicant or the applicant's corporate parent. If the segregated cash account contains customer deposits, the agreement must specify that the customer deposits are not the property of the REP or in the REP's control, unless, if allowed by the REP's terms of service, the customer deposits are applied to a final bill or to satisfy unpaid amounts.(E) Escrow accounts must be documented by a current account statement and the executed escrow account agreement.(i) The account statement must clearly identify:(I) the name of the financial institution where the applicant has established the account;(II) the account number; and(III) the account name, which must clearly indicate the account is designated for containing only customer deposits, prepayments, or both.(ii) The account must be maintained at a financial institution that is supervised or examined by the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, or a state banking department and is a:(I) U.S. domestic bank; or(II) a domestic office of a foreign bank with an investment-grade credit rating.(iii) The escrow account agreement must provide that the account holds only customer deposits, prepayments, or both, and that the customer deposits will be held in trust by the escrow agent and will not be the property of the REP or in the REP's control, unless, if allowed by the REP's terms of service, the customer deposits are applied to a final bill or to satisfy unpaid amounts.(F) Irrevocable stand-by letters of credit provided under paragraphs (1) and (2) of this subsection must use the standard form irrevocable stand-by letter of credit template approved by the commission. The original document of the irrevocable stand-by letter of credit must be provided in a manner established by the commission.(i) The irrevocable stand-by letter of credit must be maintained at a financial institution that is supervised or examined by the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, or a state banking department and is a:(I) U.S. domestic bank; or(II) a domestic office of a foreign bank with an investment-grade credit rating.(ii) The irrevocable stand-by letter of credit must:(I) be irrevocable for a period not less than twelve months;(II) automatically renew, and only expire if prior notice is provided to the commission at least 90 days before the expiration and commission staff signs the notice of non-renewal to acknowledge that the notice was received 90 days before the expiration;(III) be payable to the commission;(IV) permit a draw to be made in part or in full;(V) permit a draw to be made with the return of the original document or a photocopy;(VI) permit a draw to be made, among other ways, through over-night mail;(VII) permit the commission's executive director or the executive director's designee to draw on the irrevocable stand-by letter of credit; and(VIII) require commission staff approve all amendment requests to decrease the value of the irrevocable stand-by letter of credit prior the value of the irrevocable stand-by letter of credit decreasing. Amendments to decrease the value of the irrevocable stand-by letter of credit must be accompanied by a notarized affidavit signed by an executive officer of the REP and include, as applicable, the current number of ESI IDs the REP serves, the value of customer deposits and prepayments the REP is liable for.(G) Irrevocable guaranty agreements must be executed on the commission approved standard form irrevocable guaranty agreement and must obligate the guarantor to meet commission's demands on behalf of the applicant. A copy of the executed irrevocable guaranty agreement must be provided in the manner established by the commission.(i) The guarantor's obligation to satisfy a commission demand for payment must be in an amount not less than $1,500,000 and must be absolute, and the guarantor may not avoid its obligation for any reason.(ii) The irrevocable guaranty agreement must automatically renew and only expire if prior notice is provided to the commission at least 90 days before expiration. Commission staff must sign a notice of non-renewal to acknowledge that the notice was received at least 90 days prior to the date of expiration. Any notices or amendments must be provided to the commission in a commission approved method. Until the 90 days advance notice has elapsed or until an amendment to the REP's financial qualifications is approved, whichever occurs first, the guarantor must remain completely and absolutely liable to the extent provided by the terms of the agreement.(H) A power purchase agreement must be documented by providing a copy of the executed agreement between the applicant and the guarantor.(5) Commission draw on financial instruments. The commission may seek full or partial funds from a REP's financial resources in any of the following circumstances:(A) An applicable independent organization performs a mass transition of a REP's customers under §25.43 of this title;(B) The commission issues an order revoking a REP's certificate;(C) ERCOT terminates a REP's SFA or the applicable independent organization terminates a similar agreement and the REP's financial resource expires in 30 days less; or(D) The commission's executive director determines that a REP has failed to satisfy its financial obligations under PURA, the commission's substantive rules, or the applicable independent organization's protocols; and the financial resource expires in 30 days or less.(6) Proceeds from financial instruments.(A) Proceeds from an irrevocable stand-by letter of credit or irrevocable guaranty agreement provided under this subsection may be used to satisfy the following obligations of a REP, in the following order of priority:(i) first, if available, to assist in the payment of residential customer deposits to retail electric providers that volunteer to provide service in a mass transition event under §25.43 of this title of low-income customers as identified by the Low-Income List Administrator under §25.45 of this title (relating to Low-Income List Administrator);(ii) second, if available, to assist in the payment of residential customer deposits to retail electric providers that are designated to provide service in a mass transition event under §25.43 of this title of low-income customers as identified by the Low-Income List Administrator under §25.45 of this title;(iii) third, if available, to assist in the payment of residential customer deposits to retail electric providers that volunteer to provider service in a mass transition event under §25.43 of this title, and to retail electric providers that are designated to provide service in a mass transition event under §25.43 of this title;(iv) fourth, for services provided by the independent organization related to serving customer load;(v) fifth, for services provided by a TDU; and(vi) sixth, for administrative penalties assessed under Chapter 15 of PURA or commission rules.(B) Proceeds from an irrevocable stand-by letter of credit or irrevocable guaranty agreement provided under this subsection must, to the extent that the proceeds are not needed to satisfy an obligation set out in subparagraph (A) of this paragraph, be paid to the applicable entity identified as the Applicant on the irrevocable stand-by letter of credit or the Guarantor on the irrevocable guaranty agreement.(g) Persons prohibited from exercising control. An Option 1 REP must maintain compliance with this subsection at all times. This subsection does not apply to an Option 2 or Option 3 REP.(1) In no instance may any of the following persons control the REP or be relied upon to meet the requirements of subsections (d) and (e) of this section:(A) A person who was a principal of a market participant, at any time within the six months prior to the market participant:(i) experiencing a mass transition of the REP's customers under §25.43 of this title;(ii) having their ERCOT SFA, or similar agreement for an independent organization other than ERCOT terminated; or(iii) exiting an electricity or gas market with outstanding payment obligations that, at the time of the application or amendment, remain outstanding; or(B) A person who, by commission order, is prohibited from serving as a principal for any commission-regulated entity.(2) If an independent organization or TDU is aware that a person who is otherwise barred from exercising direct or indirect control over a REP is acting in violation of this section or other commission substantive rules, the independent organization or TDU has an affirmative duty to report this information to the division of the commission charged with enforcement of the commission's substantive rules.(h) Update or relinquishment of certification. A REP must maintain and update the information required by subsections (d), (e), and (f) of this section, as applicable, on an ongoing basis.(1) A REP must electronically submit updated information in the manner established by the commission within five working days of any change to its contact information as identified in subsection (d)(1)(D) or this section.(2) A REP must apply to amend its certification within ten working days from the occurrence of a material change to its certification. A REP may apply for the commission to approve a material change by filing an application to amend its certification before the material change is anticipated to occur. A material change includes:(A) a change in control of the REP including a change in the controlling owner, a corporate restructuring that involves the REP, a transfer of a REP certificate, or a change in the persons that have a minimum of ten percent ownership of the REP or a controlling parent of the REP, but not including a change in the ownership percentages of individual owners;(B) a name change (including addition or deletion of assumed names);(C) for Option 1 REPs, a change in service area;(D) for Option 1 REPs, a change in technical or managerial qualifications, including(i) any information previously provided or attested to under the technical and managerial requirements of subsection (e)(1)(A) and (B) of this section that correspond with the documentation requirements under subsection (e)(2)(B) and (C), and (E)(iv) and (v) of this section. Such information includes:(ii) personnel relied upon for experience, and(iii) changes, termination, or expiration of a contract to provide commodity risk management services;(iv) a change in identification of any of the applicant's principals, executive officers, employees, and third-party providers that meet the criteria under subsection (e)(2)(E)(iv)(I) of this section, or a change in the applicant's relationship with such persons under subsection(e)(2)(E)(iv)(II) of this section, if such a relationship exists; and(v) a change necessitating an updated statement affirming that the persons identified under subsection (g)(1) of this section do not control the REP and are not relied upon to meet the requirements of subsection (e)(1)(A) and (B) of this section; and(E) for Option 1 REPs, a change in financial qualifications, including:(i) the REP's certificated method for maintaining its access to capital requirement of subsection (f)(1) of this section, including terminations made to the irrevocable guaranty agreement or power purchase agreement;(ii) the certificated method for protecting its customer deposits and prepayments, and(iii) the approved account for protecting customer deposits and prepayments;(F) a change in REP's type of certification as an Option 1, Option 2, or Option 3 REP; and(G) for Option 2 REPs, the addition or removal of customers served by the Option 2 REP.(3) A REP that no longer serves customers may relinquish its REP certificate by filing an application for relinquishment on a form prescribed by the commission. A REP that does not serve customers for two consecutive years must relinquish its certificate. Prior to relinquishing its certificate, the REP must no longer serve any customers. At least 45 days prior to ceasing operations, a REP that intends to cease operations as a REP and is not seeking to relinquish its REP certificate must file a notice in the commission control number established under this paragraph to notify the commission of a REP ceasing operations. A REP must not cease operations as a REP without prior notice of at least 45 days to each of the REP's customers to whom the REP is providing service on the planned date of cessation of operations. The REP must also notify, the Low Income Discount Administrator, the applicable independent organization, and all TDUs and the providers of last resort for service territories in which the REP serves customers. As applicable, a REP must also notify all electric cooperatives and municipally owned utilities in whose service territory the REP serves customers. If a REP improperly transfers customers without providing adequate notice, under §25.493 of this title (relating to Acquisition and Transfer of Customers from One Retail Electric Provider to Another) then the REP may be subject to enforcement proceedings even after relinquishment of its certificate. Within the application to relinquish its certificate a REP must include a statement explaining whether customers' deposits were refunded to the customers or transferred to an alternative REP. The statement must be supported by a signed, notarized affidavit from an executive officer of the REP.(4) A REP that applies to amend its certification must:(A) state the effective date of each material change that prompted the amendment application; and(B) identify whether it is currently providing service to customers in Texas.(i) Reporting requirements. An Option 1 REP must file with the commission an annual and a semi-annual report each year. Option 2 and Option 3 REPs do not have reporting obligations under this section.(1) The annual report is due on March 5, or(A) 65 days after the end of the REP's fiscal year; or(B) if the REP elects to maintain an executed version of the commission approved standard form irrevocable guaranty agreement as its access to capital requirement under subsection (f)(1)(A) of this section, then 65 days after the end of the guarantor's fiscal year.(2) The semi-annual report is due on August 15, or(A) 225 days after the end of the REP's fiscal year; or(B) if the REP elects to maintain an executed version of the commission approved standard form irrevocable guaranty agreement as its access to capital requirement under subsection (f)(1)(A) of this section, then 225 days after the end of the guarantor's fiscal year.(3) The annual and semi-annual report must include the following information.(A) A signed, notarized affidavit from an executive officer affirming that the certificate holder is not in material violation of any of the requirements of its certificate under this section and that the information reported in the entire report is true and correct.(B) Any changes in ownership, control, corporate restructuring, or transfer of a REP certificate.(C) Any changes in management, experience, and persons relied on for certification in subsection (e) of this section including the person or third-party provider acting as the REP's risk manager.(D) A list of all principals, provided in Microsoft Excel format.(E) A list of all executive officers, provided in Microsoft Excel format.(F) A list of all third-party providers and a description of their responsibilities and delegation of authority, provided in Microsoft Excel format.(G) For a REP providing retail electric service in the ERCOT region, a copy of the REP's current LSE contact information kept on file with ERCOT, including a copy of each Notice of Change of Information submitted to ERCOT since the REP's last annual or semi-annual report was filed. If the REP's designated QSE is the same entity as the REP or an affiliate of the REP or REP's corporate parent, the REP must also include a copy of the current QSE and counter party contact information kept on file with ERCOT, including a copy of all notices of change of information submitted to ERCOT in the time since the REP's last annual or semi-annual report was filed.(H) Demonstration of ongoing compliance with the financial requirements of subsection (f) of this section.(i) This can include:(I) calculations demonstrating a guarantor's adequate tangible net worth and financial ratios,(II) proof that a REP maintains adequate shareholders' equity,(III) a statement of the value of customer deposits and prepayments the REP is currently liable for, and(IV) a current account statement demonstrating that the balance of the account in which customer deposits and prepayments are held 100% covers the value of customer deposits and prepayments the REP is liable for.(ii) A REP must submit relevant documentation as required by subsection (f)(4) of this section to demonstrate its ongoing compliance with the financial requirements of subsection (f)(1) and (2) of this section.(iii) Financial statements provided as part of the annual and semi-annual report must be as of the end of the most recent fiscal quarter.(4) In addition to the information required in paragraph (3) of this subsection, the annual report must also include the following information.(A) Any changes in a REP's contact information identified in subsection (d)(1)(D) of this section.(B) A list of aggregators with whom the REP has conducted business in the reporting period, and the commission registration number for each aggregator.(C) The information required by §25.491 of this title (relating to Record Retention and Reporting Requirements) and other commission rules, as applicable.(5) Reporting under this subsection does not change the requirement for a REP to amend its certification to reflect the change in accordance with subsection (h) of this section.(j) Protection of TDU financial integrity.(1) A TDU must not require a deposit from a REP except to secure the payment of transition charges as provided in §25.108 of this title (relating to Financial Standards for Retail Electric Providers Regarding Billing and Collection of Transition Charges), or if the REP has defaulted on one or more payments to the TDU. A TDU may impose credit conditions on a REP that has defaulted to the extent specified in its statewide standardized tariff for retail delivery service and as allowed by commission substantive rules.(2) A TDU must create a regulatory asset for bad debt expenses, net of collateral posted under paragraph (1) of this subsection and bad debt already included in its rates, resulting from a REP's default on its obligation to pay delivery charges to the TDU. Upon a review of reasonableness and necessity, a reasonable level of amortization of such regulatory asset will be included as a recoverable cost in the TDU's rates in its next rate case or such other rate recovery proceeding as deemed necessary.(k) Revocation of a REP certificate. A certificate granted under this section may be revoked for a significant violation of PURA, commission substantive rules, or protocols adopted by the applicable independent organization. The revocation of a REP's certificate requires the cessation of all REP activities in the state of Texas, in accordance with commission order. The commission may impose an administrative penalty on a person for a violation of PURA, commission substantive rules, or protocols adopted by an independent organization. Significant violations include, but are not limited to:(1) Providing false or misleading information to the commission, including a failure to disclose any information required by this section;(2) Engaging in fraudulent, unfair, misleading, deceptive, or anticompetitive practices, or unlawful discrimination;(3) Switching, or causing to be switched, the REP for a customer without first obtaining the customer's permission;(4) Billing an unauthorized charge, or causing an unauthorized charge to be billed, to a customer's retail electric service bill;(5) Failure to maintain continuous and reliable electric service to a customer or customers under this section;(6) Failure to maintain financial resources in accordance with subsection (f) of this section;(7) The inability to meet financial obligations on a reasonable and timely basis;(8) Failure to timely remit payment for invoiced charges to an independent organization;(9) Failure to observe any applicable scheduling, operating, planning, reliability, and settlement policies, protocols, guidelines, procedures, and other protocols established by an applicable independent organization;(10) A pattern of not responding to commission inquiries or customer complaints in a timely fashion;(11) Suspension or revocation of a registration, certification, or license by any state or federal authority;(12) Termination of the REP's SFA with ERCOT or similar agreements with an applicable independent organization other than ERCOT;(13) Conviction of a felony by the certificate holder, a person controlling the certificate holder, or principal employed by the certificate holder, or any crime involving fraud, theft, or deceit related to the certificate holder's service;(14) Failure to provide retail electric service to a customer or customers within 24 months of the certificate being granted by the commission or ceasing to provide retail electric service for a period of 24 months;(15) Failure to serve as a POLR if required to do so by the commission under §25.43 of this title;(16) Failure to timely remit payment for invoiced charges to a TDU under §25.214, of this title (relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities);(17) Erroneously imposing switch-holds or failing to remove switch-holds within the timeline described in §25.480 of this title (relating to Bill Payment and Adjustments);(18) Failure to comply with the terms of a suspension under subsection (l) of this section;(19) Failure to comply with §25.272 of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates); and(20) Other significant violations or a pattern of failures to meet the requirements of PURA, commissions rules or orders, or protocols adopted by the applicable independent organization.(l) Suspension of a REP's ability to acquire new customers. The commission may suspend a REP's ability to acquire new customers for a significant violation, as described by subsection (k) of this section. A suspension of a REP's ability to acquire new customers may be limited to specific customer classes. The suspension order may also impose administrative penalties or other conditions for reinstatement on a REP whose ability to acquire new customers has been suspended.(1) Commission staff may initiate a proceeding for suspension of a REP's ability to acquire new customers under this subsection by filing a petition for suspension.(A) Commission staff must provide reasonable notice of a petition for suspension to the affected REP in accordance with §22.54 of this title (relating to Notice to Be Provided by the Commission).(B) The REP may submit a request for hearing on the petition for suspension within 20 days after the date the REP receives notice of the petition. Notice is deemed to have been received upon the earlier of receipt of actual notice or three days after the order is mailed. A request for hearing received more than 20 days after the date the petition is received by the REP will be denied by the presiding officer.(C) If the REP does not submit a request for hearing within 20 days after receiving notice of the petition for suspension, the presiding officer may administratively approve the petition for suspension under §22.35 of this title (relating to Informal Disposition). The commission delegates authority to the presiding officer to approve a petition for suspension under this subsection with a notice of approval in accordance with §22.35(b)(1) of this title.(2) The executive director may suspend a REP's ability to acquire new customers without prior notice or opportunity for a hearing in the form of a cease and desist order if the executive director determines that providing notice and an opportunity for a hearing is impracticable and that the conduct of the REP meets the criteria for issuing such an order under PURA §15.104(a)(2). In determining the practicability of providing notice and an opportunity for hearing, the executive director may consider, among other relevant factors, whether immediate action is necessary to ensure the REP is able to provide continuous and reliable service to its current or potential customers, reduce the risk of the REP exposing its current or potential customers to a mass transition event, or otherwise ensure the REP is able to meet its financial obligations. For purposes of determining whether the criteria of PURA §15.104(a)(2) are met, the statutory term continuous and adequate electric service includes continuous and reliable electric service as defined in this section. If the executive director issues a cease and desist order suspending a REP's ability to acquire new customers without prior notice or opportunity for a hearing, the procedural provisions of §25.54(d)(2) of this title (relating to Cease and Desist Orders) apply.(3) In addition to any other applicable requirements, an order suspending a REP's ability to acquire new customers must describe the conduct of the of the REP and the significant violations that support the issuance of the order. The order must also describe any conditions the REP must meet for reinstatement.(4) If appropriate, an order suspending a REP's ability to acquire new customers may also include specific, verifiable conditions for expedited reinstatement. The conditions for expedited reinstatement may require actions beyond those required to come into compliance with applicable law and may include verification from commission staff that the conditions for expedited reinstatement have been met, verification that commission staff has not identified any reasons the suspension should remain in effect, or a deadline for meeting one or more of the conditions. Expedited reinstatement is not appropriate if the basis for the suspension cannot be redressed by the fulfillment of specific, predetermined remedial actions, if the pattern of conduct giving rise to the suspension supports a general concern about the REP's ability to comply with applicable law or provide customers with continuous and reliable service, or if there is evidence that may support additional grounds for suspension. If appropriate, a compliance docket will be opened for filings relevant to this paragraph. If the REP fulfills the conditions for expedited reinstatement and files all required supporting documentation, commission staff must lift the suspension, notify ERCOT of the reinstatement, and file a notice of reinstatement as soon as practicable. If commission staff verification is required and commission staff does not agree that expedited reinstatement is appropriate under the terms of the suspension order, the REP may seek reinstatement under paragraph (6) of this subsection.(5) A REP that has its ability to acquire new customers suspended must cease, within three working days, the solicitation or enrollment of new customers and the applicable independent organization will be directed to report to commission staff, on a weekly basis, any new customers that have been added by the REP. In this subparagraph, the term \"enrollment\" means the act of executing a contract with an applicant for the provision of electric service but does not include renewing the contract of an existing customer.(6) A REP may request reinstatement by filing a petition for reinstatement. The commission delegates authority to the presiding officer to approve a petition for reinstatement under this subsection with a notice of approval in accordance with §22.35(b)(1) of this title. In determining whether to lift the suspension, the presiding officer may consider, as appropriate, whether:(A) the REP has resolved all violations underlying the suspension and fulfilled all conditions for reinstatement;(B) the REP is in compliance with all or specific individual technical, managerial, and financial requirements in this section; and(C) there exist any additional grounds that would support the suspension of the REPs ability to acquire new customers under this subsection.(7) A REP subject to suspension of acquiring new customers under this section must continue to serve existing customers and maintain compliance with PURA, commission substantive rules, and protocols adopted by the applicable independent organization. Suspension of the ability to acquire new customers does not impact a REP's obligation to timely initiate service to a customer that completed enrollment with the REP prior to the effective date of the suspension, even if the scheduled service initiation date falls within the suspension period.(8) Nothing in this subsection limits the commission's ability to revoke a REP's certificate, proceed with a draw on a REP's financial instruments, or impose administrative penalties. Commission staff retains the discretion to seek to revoke the certificate of a REP subject to suspension.", "sourceNote": "Source Note: The provisions of this §25.107 adopted to be effective April 26, 2023, 48 TexReg 2089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "80447", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.108", "label": "Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213338", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to any retail electric provider (REP) or any other entity responsible for billing and collecting transition charges serving customers in a transmission and distribution utility (TDU) service area subject to a financing order issued by the commission under Public Utility Regulatory Act (PURA) §39.303. (b) Definitions. (1) Financing order - An order of the commission adopted under PURA §39.201 or §39.262 approving the issuance of transition bonds and the creation of transition charges for the recovery of qualified costs. (2) Indenture trustee - An entity that administers the indenture related to transition bonds. (3) Servicer - The entity responsible for carrying out obligations related to transition bonds under a servicing agreement. (4) Servicing agreement - The agreement that details the obligations of the servicer related to the imposition, collection, and remittance of transition charges. (5) Special purpose entity (SPE) - An entity formed by an electric utility, pursuant to a financing order, for the limited purpose of acquiring transition property, issuing transition bonds, and performing other activities relating thereto or otherwise authorized by a financing order. (6) Transition bonds - Bonds, debentures, notes, certificates, of participation or of beneficial interest, or other evidences of indebtedness or ownership that are issued by an electric utility, its successors, or an assignee under a financing order, that have a term not longer than 15 years, and that are secured or payable from transition property. (7) Transition charges - Nonbypassable amounts to be charged for the use or availability of electric services, approved by the commission under a financing order to recover qualified costs, that shall be collected by an electric utility, its successors, an assignee, or other collection agents as provided for in a financing order. (c) Applicability of REP standards. Beginning on the date of customer choice for any retail customers, the servicer of the transition bonds will bill the transition charges for those customers to each retail customer's REP and the REP will collect transition charges from its retail customers. The standards in this section are the most stringent that can be imposed on REPs by any servicer of transition bonds . The standards relate only to the billing and collection of transition charges authorized by a financing order and do not apply to the collection of any other non-bypassable charges, or any other charges. The standards apply to all REPs other than REPs that have contracted with the transmission and distribution company to bill and collect transition charges from retail customers. REPs may contract with parties other than the transmission and distribution company to bill and collect transition charges from retail customers, but such REPs shall remain subject to the standards in this section. (d) REP standards. The REP standards for transition charges are: (1) Rating, deposit, and related requirements. A REP that does not have or maintain the requisite long-term, unsecured credit rating may select which alternate form of deposit, credit support, or combination thereof it will utilize, in its sole discretion. The indenture trustee shall be the beneficiary of any affiliate guarantee, surety bond or letter of credit. The provider of any affiliate guarantee, surety bond, or letter of credit must have and maintain a long-term, unsecured credit ratings of not less than \"BBB-\" and \"Baa3\" (or the equivalent) from Standard & Poor's (\"S&P\") and Moody's Investors Service (\"Moody's\"), respectively. Each REP must: (A) have a long-term, unsecured credit rating of not less than \"BBB-\" and \"Baa3\" (or the equivalent) from S&P and Moody's , respectively; or (B) provide: (i) a deposit of two months' maximum expected transition charge collections in the form of cash, (ii) an affiliate guarantee, surety bond, or letter of credit providing for payment of such amount of transition-charge collections in the event that the REP defaults in its payment obligations, or (iii) a combination of clause (i) and (ii) of this subparagraph. (2) Loss of credit rating. If the long-term, unsecured credit rating from either S&P or Moody's of a REP that did not previously provide the alternate form of deposit, credit support, or combination thereof or of any provider of an affiliate guarantee, surety bond, or letter of credit is suspended, withdrawn, or downgraded below \"BBB-\" or \"Baa3\" (or the equivalent), the REP must provide the alternate form of deposit, credit support, or combination thereof, or new forms thereof, in each case from providers with the requisite ratings, within ten business days following such suspension, withdrawal, or downgrade. A REP failing to make such provision must comply with the provisions set forth in paragraph (5) of this subsection. (3) Computation of deposit. The computation of the size of a required deposit shall be agreed upon by the servicer and the REP, and reviewed during the first month of each calendar quarter to ensure that the deposit accurately reflects two months' maximum collections. If the REP provides a cash deposit, then within ten business days following such review, the REP shall remit to the indenture trustee the amount of any shortfall in such required deposit, or the servicer shall instruct the indenture trustee to remit to the REP any amount in excess of such required deposit. If the REP provides security in the form of a letter of credit or surety bond then within ten business days following such review, the REP shall submit replacement letters of credit or surety bonds in the amount determined pursuant to the review. A REP failing to so remit any such shortfall or failing to submit replacement letters of credit or surety bonds, as applicable, must comply with the provisions set forth in paragraph (5) of this subsection. REP cash deposits shall be held by the indenture trustee, as a collateral agent for the REP and the indenture trustee (in its capacity as indenture trustee) and shall be maintained in a segregated account which shall not be part of the trust estate, and invested in short-term high quality investments, as permitted by the rating agencies rating the transition bonds. Investment earnings on REP cash deposits shall be considered part of such cash deposits so long as they remain on deposit with the indenture trustee. At the instruction of the servicer, cash deposits will be remitted with investment earnings to the REP at the end of the term of the transition bonds unless otherwise utilized for the payment of the REP's obligations for transition bond payments. Once the deposit is no longer required, the servicer shall promptly (but not later than 30 calendar days) instruct the indenture trustee to remit the amounts in the segregated accounts to the REP. (4) Payment of transition charges. Payments of transition charges less the charge-off allowance described in paragraph (9) of this subsection are due 35 calendar days following each billing by the servicer to the REP, without regard to whether or when the REP receives payment from its retail customers. The servicer shall accept payment by electronic funds transfer, wire transfer, and/or check. Payment will be considered received the date the electronic funds transfer or wire transfer is received by the servicer, or the date the check clears. A 5.0% penalty is to be charged on amounts received after 35 calendar days; however, a ten calendar-day grace period will be allowed before the REP is considered to be in default. A REP in default must comply with the provisions set forth in paragraph (5) of this subsection. The 5.0% penalty will be a one-time assessment measured against the current amount overdue from the REP to the servicer. The \"current amount\" consists of the total unpaid transition charges existing on the 36th calendar day after billing by the servicer. Any and all such penalty payments will be made to the indenture trustee to be applied against transition charge obligations. A REP shall not be obligated to pay the overdue transition charges of another REP. If a REP agrees to assume the responsibility for the payment of overdue transition charges as a condition of receiving the customers of another REP that has decided to terminate service to those customers for any reason, the new REP shall not be assessed the 5.0% penalty upon such transition charges; however, the prior REP shall not be relieved of the previously-assessed penalties. (5) Remedies upon default. After the ten calendar-day grace period (the 45th calendar day after the billing date) referred to in paragraph (4) of this subsection, the servicer shall have the option to seek recourse against any cash deposit, affiliate guarantee, surety bond, letter of credit, or combination thereof provided by the REP, and to avail itself of such legal remedies as may be appropriate to collect any remaining unpaid transition charges and associated penalties due the servicer after the application of the REP's deposit or alternate form of credit support. In addition, a REP that is in default with respect to the requirements set forth in paragraphs (2), (3), or (4) of this subsection shall select and implement one of the options listed in subparagraphs (A), (B), or (C) of this paragraph. If a REP that is in default fails to immediately select and implement one of these options or, after so selecting one of the options, fails to adequately meet its responsibilities thereunder, then the servicer shall immediately implement the option in subparagraph (A) of this paragraph. Upon re-establishment of compliance with the requirements set forth in paragraphs (2), (3), or (4) of this subsection, and the payment of all past-due amounts and associated penalties, the REP will no longer be required to comply with this paragraph. (A) Allow the Provider of Last Resort (\"POLR\") or a qualified REP of the customer's choosing to immediately assume the responsibility for the billing and collection of transition charges. (B) Immediately implement other mutually suitable and agreeable arrangements with the servicer. It is expressly understood that the servicer's ability to agree to any other arrangements will be limited by the terms of the securitization Servicing Agreement and requirements of each of the rating agencies that have rated the transition bonds necessary to avoid a suspension, withdrawal, or downgrade of the ratings on the transition bonds. (C) Arrange that all amounts owed by retail customers for services rendered by the REP be timely billed and will immediately be paid directly into a lock-box controlled by the servicer with such amounts to be applied first to pay transition charges and other non-bypassable delivery charges before the remaining amounts are released to the REP. All costs associated with this mechanism will be borne solely by the REP. (6) Billing by providers of last resort. The initial POLR appointed by the commission, or any commission-appointed successor to the POLR, must meet the minimum credit rating or deposit/credit support requirements described in paragraph (1) of this subsection in addition to any other standards that may be adopted by the commission. If the POLR defaults or is not eligible to provide such services, responsibility for billing and collection of transition charges will immediately be transferred to and assumed by the servicer until a new POLR can be named by the commission or the customer requests the services of a certified REP. If the POLR or a qualified REP assumes responsibility for billing and collecting transition charges under paragraph (5) of this subsection or servicer assumes such responsibility under this paragraph, the POLR, replacement REP, or servicer, as applicable shall bill all transition charges which have not been billed as of the date it assumes such responsibility and shall be subject to the provisions of the financing order. (For example, if a REP which bills on a calendar month basis goes into default and is replaced by the POLR on April 20, the initial transition charge bill rendered by the POLR would cover all transition charges attributable to periods since March 31, the last date for which the original REP had rendered bills). Retail customers may never be re-billed by the successor REP, the POLR, or the servicer for any amount of transition charges they have paid their REP (although future transition charges shall reflect REP and other system-wide charge-offs). Additionally, if the amount of the penalty detailed in paragraph (4) of this subsection is the sole remaining past-due amount after the 45th calendar day, the REP shall not be required to comply with paragraph (5)(A), (B) or (C) of this subsection, unless the penalty is not paid within an additional 30 calendar days. (7) Dispute resolution. In the event that a REP disputes any amount of billed transition charges, the REP shall pay the disputed amount under protest according to the timelines detailed in paragraph (4) of this subsection. The REP and servicer shall first attempt to informally resolve the dispute, but if they fail to do so within 30 calendar days, either party may file a complaint with the commission. If the REP is successful in the dispute process (informal or formal), the REP shall be entitled to interest on the disputed amount paid to the servicer at the commission-approved interest rate. Disputes about the date of receipt of transition charge payments (and penalties arising thereof) or the size of a required REP deposit will be handled in a like manner. It is expressly intended that any interest paid by the servicer on disputed amounts shall not be recovered through transition charges if it is determined that the servicer's claim to the funds is clearly unfounded. No interest shall be paid by the servicer if it is determined that the servicer has received inaccurate metering data from another entity providing competitive metering services pursuant to PURA §39.107. (8) Metering data. If the servicer is providing the metering, metering data will be provided to the REP at the same time as the billing. The REP will be responsible for providing the servicer accurate metering data (including meter identification information) for all REP's customers whose meters are not read by the servicer at the time the data is provider to the independent organization (as defined in PURA §39.151(b)) under the independent organization's protocols for settlement. (9) Charge-off allowances. The REP will be allowed to hold back an allowance for charge-offs in its payments to the servicer. Such charge-off rate will be recalculated each year in connection with the annual true-up procedure. In the initial year, REPs will be allowed to remit payments based on the same system-wide charge-off percentage then being used by the servicer to remit payments to the indenture trustee for the holders of transition bonds; thereafter the charge-off percentage will be calculated based upon each REP's prior year charge-off experience. On an annual basis in connection with the true-up process, the REP and the servicer will be responsible for reconciling the amounts held back with amounts actually written off as uncollectible in accordance with the terms agreed to by the REP and the servicer, provided that: (A) The REP's right to reconciliation for charge-offs will be limited to customers whose service has been permanently terminated and whose entire accounts (i.e. , all amounts due the REP for its own account as well as the portion representing transition charges) have been written off. (B) If the REP's actual charge-offs are greater than the allowance for charge-offs, the REP may collect the difference, with interest, from the date the review was completed, in 12 equal monthly installments beginning in the month that the transition charges are adjusted to reflect the new charge off percentages. The REP's recourse will be limited to a credit against future transition charge payments unless the REP and the servicer agree to alternative arrangements, but in no event will the REP have recourse to the indenture trustee, the \"SPE\" or the SPE's funds for such payments and the indenture trustee and SPE shall not be liable for such amounts. If the REP's actual charge-offs are less than the allowance for charge-offs, the REP shall pay the difference, with interest, from the date the review was completed, in 12 equal monthly installments beginning in the month that the transition charges are adjusted to reflect the new charge-off percentages. The interest rate on amounts due to or from the REP under this paragraph shall be the interest rate in effect pursuant to Texas Utilities Code §183.003 on the date the annual reconciliation is made. REP and servicer shall each have the unilateral right to prepay any amounts due hereunder and thus avoid continued accrual of interest. (C) The REP shall provide ' the servicer a list of all charge-offs qualifying for reconciliation under subparagraph (A) of this paragraph, and documentation permitting servicer to verify that service to the customer has been terminated and all amounts due the REP from such customers have been written off. The information shall be provided not later than 30 days prior to the date on which the annual true-up adjustment is to be filed and shall cover the most recent 12-month period for which data is available at the time of submission. The information to be provided by the REP shall include data demonstrating that the REP has not collected any amounts the REP claimed as charge-offs in prior periods, or, if any amount previously charged-off has been collected, quantifying the revenues. The REP's rights to credits will not take effect until adjusted transition charges reflecting the REPs charge-off experience have been implemented. (10) Service termination. In the event that the servicer is billing customers for transition charges, the servicer shall have the right to terminate transmission and distribution service to the end-use customer (or if the servicer is not the transmission and distribution utility to direct the transmission and distribution utility to terminate service to the end-use customer) for non-payment by the end-use customer pursuant to applicable commission rules. In the event that a REP or the POLR is billing customers for transition charges, the REP shall have the right to transfer the customer to the POLR (or to another certified REP) or to direct the transmission and distribution utility to terminate transmission and distribution service to the end-use customer for non-payment by the end-use customer pursuant to applicable commission rules. In the event that the POLR is billing customers for transition charges, the POLR shall have the right to direct the transmission and distribution utility to terminate transmission and distribution service to the end-use customer for non-payment by the end-use customer pursuant to applicable commission rules. (11) Precedence and modifications of REP standards in a financing order. (A) Compliance with financing order standards. If the REP standards in the applicable financing order are in direct conflict with the standards in this section, then the REP must comply with the REP standards stated in the financing order, instead of the standards stated in this section, unless the standards of the financing order have been modified and approved according to subparagraph (B) of this paragraph. (B) Commission modification of standards. The commission may impose standards on REPs that are different from those in the applicable financing order but only if the commission receives prior written confirmation from each rating agency that rated the transition bonds authorized by that financing order that the proposed modifications will not cause a suspension, withdrawal, or downgrade of ratings on the transition bonds.", "sourceNote": "Source Note: The provisions of this §25.108 adopted to be effective August 15, 2000, 25 TexReg 7639." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213338", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.109", "label": "Registration of Power Generation Companies and Self-Generators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "79505", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section contains the registration and renewal of registration requirements for a power generation company (PGC) as defined by §25.5 of this title (relating to Definitions) and a self-generator.(1) A person that owns an electric generating facility, including a Qualifying Facility (QF) as defined by §25.5 of this title, must register under this section as a PGC before the first day it generates electricity.(2) A person that owns an electric generating facility rated at one megawatt (MW) or more, but is not a PGC, must register as a self-generator before the first day it generates electricity. A QF that does not sell electricity or provides electricity only to the purchaser of the facility's thermal output must register as a self-generator.(3) A person already certified as a PGC or self-generator as of the effective date of this section must come into compliance with the requirements of this section no later than June 1, 2023.(A) A PGC or self-generator must complete and file a commission approved form that demonstrates the PGC or self-generator is in compliance with this section on or before June 1, 2023.(B) A PGC or self-generator who does not demonstrate compliance with this section on or before June 1, 2023, may be subject to revocation of the PGC's or self-generator's commission registration under subsection (i) of this section.(b) Definitions. In this section, the following definitions apply unless the context indicates otherwise.(1) Generating facility--all generating units located at, or providing power to, the electricity-consuming equipment at an entire facility or location.(2) Principal--includes:(A) A sole proprietor of a sole proprietorship;(B) A partner of a partnership;(C) An executive of a company (e.g., a president, chief executive officer, chief operating officer, chief financial officer, general counsel, or equivalent position);(D) A manager, managing member, or a member vested with the management authority of a limited liability company or limited liability partnership;(E) A shareholder with more than 10% equity of the person, if a public company; or(F) A person who exercises control and has apparent or actual authority to exercise such control over either the person or a principal that is otherwise described by this subsection. A fiduciary of a company, such as the board of directors, is a principal if it has apparent or actual authority to exercise control over the person or a principal of the person, and exercises such control.(c) Initial registration information. To register as a PGC or a self-generator a person must use the registration form prescribed by the commission. A person registering as a PGC or a self-generator must provide the following information.(1) Contact information of the registrant and the registrant's primary and secondary emergency contacts, which includes:(A) a legal business name;(B) a physical and business mailing address;(C) a business telephone number; and(D) a business e-mail address.(2) The name of the current regulatory contact, the contact's e-mail address and telephone number, and if the regulatory contact is an internal staff member of the registrant.(3) For each generating facility operated by the registrant:(A) the name, address, county and power region of operation of each generating facility;(B) whether the generating facility is an electric storage facility;(C) the name of the transmission service providers interconnecting the generating facility; and(D) the capacity rating for each generating unit following the rating method established in §25.91(f) of this title (relating to Generating Capacity Reports).(4) A description of the types of services provided by the registrant that relate to the generation of electricity.(5) An affidavit signed by a representative, official, officer, or other authorized person with binding authority over the registrant attesting that none of the registrant's principals:(A) were principals of a commission-regulated person whose license was revoked by commission order within the prior six months of when they were a principal;(B) were principals of any person registered with the Electric Reliability Council of Texas (ERCOT) whose standard form market participant agreement was terminated by ERCOT for misconduct within the prior six months of when they were a principal; or(C) are otherwise prohibited by commission order from acting as a principal of a commission-regulated entity.(d) Additional information required for PGC registration. In addition to the information required under subsection (c) of this section, a person registering as a PGC must also submit the following information to the commission.(1) An affidavit signed by a representative, official, officer, or other authorized person with binding authority over the registrant attesting that the registrant:(A) generates electricity that is intended to be sold at wholesale;(B) does not own a transmission or distribution facility in this state other than an essential interconnecting facility, a facility not dedicated to public use, or a facility otherwise excluded from the definition of \"electric utility\" under §25.5 of this title (related to Definitions); and(C) does not have a certified service area.(2) The name of the registrant's corporate parent.(3) A list of affiliates of the registrant's and the registrant's corporate parent identified by name that buy and sell electricity at wholesale in Texas, sell electricity at retail in Texas, or is an electric cooperative or municipally owned utility in Texas.(4) The applicable control number and item number that the registrant has filed its initial Emergency Operations Plan in as required under §25.53 of this title (relating to Electric Service Emergency Operations Plans).(5) As applicable, copies of the registrant's Federal Energy Regulatory Commission registration as a QF or an EWG.(e) Additional information required for self-generator registration. In addition to the information required under subsection (c) of this section, a person registering as a self-generator must also submit an affidavit signed by a representative, official, officer, or other authorized person with binding authority over the registrant attesting:(1) that the registrant is not a power generation company and does not intend to generate electricity intended to be sold at wholesale; or(2) if the registrant is a QF, the registrant either does not sell electricity or provides electricity only to the purchaser of the facility's thermal output.(f) Update or relinquishment of registration. A PGC or self-generator may update or relinquish its registration.(1) A PGC must complete the commission form to amend its registration within 30 days of a change to any information reported in response to subsections (c)(2) - (4) and (d)(2) of this section.(2) A self-generator must complete the commission form to amend its registration within in 30 days of a change to any of the information reported in response to subsection (c)(2) - (4) of this section.(3) A PGC and self-generator must update, in a manner established by the commission, its contact information listed in subsection (c)(1) of this section within 30 days of a change.(g) Review of registration of PGC or self-generator. Commission staff will review the submitted or updated registration form for sufficiency and submit a written recommendation to the presiding officer within 30 days from the date the registration was filed.(1) If commission staff recommends the registration form be found insufficient, commission staff will file a statement indicating the deficiencies as part of its recommendation. If the presiding officer finds the registration form to be insufficient, the presiding officer will notify the registrant in writing of the finding and the specific deficiencies. The registrant will have 20 days from the issuance of the notice to cure the deficiencies. Commission staff will have 15 days to review the supplemental information submitted by the registrant and file a statement indicating whether any deficiencies remain. If the presiding officer determines that the deficiencies have not been cured within 20 days of the issuance of the notice, the presiding officer will reject the registration request without prejudice and notify the registrant of the rejection.(2) Upon finding the registration sufficient, the presiding officer will approve the registration and issue a registration number to the PGC or self-generator.(h) Renewal of registration. A PGC or self-generator must renew its registration on or before February 28 of every other calendar year by submitting the information required by subsection (c) and, as applicable, (d) and (e) of this section by submitting a statement that the PGC or self-generator's registration information on file with the commission is current and correct.(1) A PGC or self-generator whose commission registration number is an even number must submit its registration renewal on all even number years.(2) A PGC or self-generator whose commission registration number is an odd number must submit its registration renewal on all odd number years.(i) Revocation of registration and administrative penalty. Registration of a PGC under this section is subject to revocation for a significant violation of statute or commission rules. The commission may impose an administrative penalty on a person for a violation of PURA, commission rules, or rules adopted by an independent organization, including:(1) failure to comply with the reliability standards and operational criteria duly established by the independent organization certified under PURA §39.151 for the ERCOT power region;(2) failure to observe any scheduling, operating, planning, reliability, or settlement policy, rule, guideline, or procedure established by ERCOT;(3) providing false or misleading information to the commission, commission staff, or ERCOT;(4) engaging in fraudulent, unfair, misleading, deceptive or anti-competitive practices;(5) a pattern of failure to meet the requirements of statute, this section, or other commission rules, regulations or orders;(6) suspension or revocation of a registration, certification, or license by any state or federal authority;(7) failure to operate within the applicable legal parameters established by PURA §39.351, or other applicable provisions of PURA, commission rules, or ERCOT Protocols; and(8) failure to timely respond to commission or commission staff inquiries or customer complaints.", "sourceNote": "Source Note: The provisions of this §25.109 adopted to be effective April 26, 2023, 48 TexReg 2089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "79505", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.111", "label": "Registration of Aggregators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199326", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Any person, municipality, political subdivision, or political subdivision corporation that aggregates the loads of two or more electric service customers for purposes of purchasing electricity services shall register with the Public Utility Commission of Texas (commission) pursuant to this section. A single electricity customer, including a municipality or political subdivision, negotiating service in multiple locations for its own use, does not need to register with the commission.(b) Purpose statement. The role of an aggregator in the restructured electric market is to be a buyer's agent for customer groups. An entity that joins customers together as a single purchasing unit and negotiates on their behalf for the purchase of electricity service in Texas is considered an aggregator and must register pursuant to this section. In contrast, an entity that sells electricity is a retail electric provider (REP) and is subject to other commission rules. This section sets out conditions for registering and operating as an aggregator, including the condition that the aggregator, a buyer's agent, may not be affiliated with a REP or other seller's agent representing the REP.(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context indicates otherwise:(1) Aggregation - to join two or more electricity customers into a purchasing unit to negotiate the purchase of electricity by the electricity customer as part of a voluntary association of electricity customers, provided that an electricity customer may not avoid any non-bypassable charges or fees as a result of aggregating its load.(2) Aggregator - An entity is an aggregator, as opposed to a consultant, if it conducts any activity that joins two or more customers into a purchasing unit to negotiate the purchase of electricity from retail electric providers (REPs). If an entity conducts activities only in the capacity of advisor to a customer or set of customers, without contact with REPs specific to that customer or customer group, then it is a consultant that does not need to register pursuant to this section. An aggregator that provides aggregation services to Texas electricity customers must meet one of the following definitions:(A) Class I aggregator - a person joining two or more customers, other than municipalities and political subdivision corporations, into a single purchasing unit to negotiate the purchase of electricity from REPs.(B) Class II aggregator - a person or municipality or other political subdivision that provides aggregation services to municipalities or other political subdivisions in the manner stated below:(i) A person authorized by two or more municipal governing bodies to join the bodies into a single purchasing unit to negotiate the purchase of electricity from REPs or a municipality aggregating under Local Government Code, Chapter 303.(ii) A person or political subdivision corporation authorized by two or more political subdivision governing bodies to join the bodies into a single purchasing unit or multiple purchasing units to negotiate the purchase of electricity from REPs for the facilities of the aggregated political subdivisions or a person or political subdivision aggregating under Local Government Code, Chapter 303.(3) Person - an individual, a partnership of two or more persons having a joint or common interest, a mutual or cooperative association, or a corporation, but not including a municipal corporation or an electric cooperative. For purposes of this section, a political subdivision or political subdivision corporation is not a person.(4) Political subdivision - a county, municipality, hospital district, or any other political subdivision receiving electric service from an entity that has implemented customer choice.(5) Political subdivision corporation - an entity consisting of two or more political subdivisions created to act as an agent, or otherwise, to negotiate the purchase of electricity for the use of the respective public facilities in accordance with Local Government Code §303.001.(6) Proprietary customer information - any information compiled by an aggregator on a customer in the normal course of aggregating electric service that makes possible the identification of any individual customer by matching such information with the customer's name, address, account number, type or classification of service, historical electricity usage, expected patterns of use, types of facilities used in providing service, individual contract terms and conditions, price, current charges, billing records, or any other information that the customer has expressly requested not be disclosed. Information that is redacted or organized in such a way as to make it impossible to identify the customer to whom the information relates does not constitute propriety customer information.(7) Revocation - the cessation of all aggregation business operations in the state of Texas, pursuant to commission order.(8) Suspension - the cessation of all aggregation business operations in the state of Texas associated with obtaining new customers, pursuant to commission order.(d) Types of aggregator registrations required.(1) Entities seeking to aggregate electricity customers may not provide aggregation services in the state unless they have registered with the commission. Such registration may be sought after September 1, 2000.(2) There are two types of registration available to aggregators. An entity seeking to aggregate under the terms and conditions set forth in the Public Utility Regulatory Act (PURA) §39.353 shall register as a \"Class I aggregator.\" An entity seeking to aggregate under the terms and conditions set forth in PURA §39.354 or §39.3545, or both, shall register as a \"Class II aggregator.\" The Class II category of registration has four subclasses, A through D. The terms of eligibility and operational requirements for each type of aggregator are specified in paragraphs (3) and (4) of this subsection. The registering party must indicate the Class and subclass, if any, under which it wishes to register. If a person is eligible and wishes to perform aggregation services under more than one class of registration, it shall obtain all applicable registrations.(3) Registration of Class I aggregators. A Class I aggregator may join at least two voluntary customers into a single purchasing unit to negotiate the purchase of electricity from REPs. A Class I aggregator shall:(A) be a person and not a REP;(B) not be an affiliate of a REP;(C) not include municipalities, political subdivisions, or political subdivision corporations among the customers of an aggregation;(D) not take title to electricity, and not accept any money associated with payment or prepayment for electric service, as distinguished from aggregation services, unless it does so under contract with a REP, consistent with any rules adopted by the commission relating to customer billing as an independent billing agent for a REP;(E) comply with the customer protection rules, disclosure requirements, and marketing guidelines of PURA and this title;(F) comply with any other terms and conditions established by the commission to regulate reliability and integrity of aggregators.(4) Registration of Class II aggregators. A Class II aggregator shall not be a REP or an affiliate of a REP and shall register pursuant to at least one of the following sets of eligibility and operational requirements:(A) Class II.A: Person that aggregates municipalities, political subdivisions, or both. A person registered as a Class II.A aggregator pursuant to this subparagraph may join two or more authorizing municipal governing bodies into a single purchasing unit to negotiate the purchase of electricity from REPs, or it may join two or more authorizing political subdivision governing bodies, including municipal governing bodies, into single or multiple purchasing units to negotiate the purchase of electricity from REPs for the facilities of the aggregated political subdivisions. A person aggregating political subdivisions pursuant to this subparagraph may not take title to electricity. The authorizations shall be written and may specify the buyer's agent role of the aggregator to the extent desired by the political subdivision.(B) Class II.B: Political subdivision corporation aggregating political subdivisions. A political subdivision corporation registered as a Class II.B aggregator pursuant to this subparagraph may join two or more authorizing political subdivision governing bodies, including municipal governing bodies, into single or multiple purchasing units to negotiate the purchase of electricity from REPs for the facilities of the aggregated political subdivisions. A political subdivision corporation aggregating political subdivisions pursuant to this subparagraph may take title to electricity.(C) Class II.C: Public body that aggregates its citizens. A municipality or other political subdivision registered as a Class II.C aggregator pursuant to this subparagraph may negotiate for the purchase of electricity and energy services on behalf of each affirmatively requesting citizen of the municipality in accordance with Local Government Code §303.002, with the option to contract with a third party or another aggregator for the administration of the aggregation of the purchased services. An affirmatively requesting citizen is a resident of the political subdivision who voluntarily agrees to participate in the aggregation by a means that may be verified after the fact. If the Class II.C aggregator contracts for the administration function with a third party that is a person, other than its own employee, the person must be a registered Class II.D aggregator.(D) Class II.D: Administrator of citizen aggregation. A person registered as a Class II.D aggregator pursuant to this subparagraph may administer the aggregation of electricity and energy services purchased for each requesting citizen of a municipality or other political subdivision in accordance with Local Government Code §303.002 pursuant to a contract with the municipality or political subdivision. An affirmatively requesting citizen is a resident of the political subdivision who voluntarily agrees to participate in the aggregation by a means that may be verified after the fact. A Class II.D aggregator must have verifiable authorization from the political subdivision to administer its citizen aggregation program. The authorization shall be written and may include conditions on the administrator's transactions with its affiliated REP, if any, when so specified by the political subdivision. The Class II.D registration authorizes its holder to administer a citizen aggregation program on behalf of the political subdivision but does not authorize its holder to negotiate for the purchase of electricity and energy services on behalf of the citizens of the political subdivision. An administrator of citizen aggregation must register pursuant to this subparagraph when the administrator meets the definition of \"person\" under this section, except when the administrator is an individual employed by the political subdivision conducting citizen aggregation pursuant to Local Government Code §303.002. A Class II.D aggregator may not take title to electricity and may not be a REP or an affiliate of a REP.(e) Requirements for public bodies seeking to register as Class II.B or II.C aggregators. A municipality, other political subdivision, or political subdivision corporation seeking to register and operate as a Class II.B or Class II.C aggregator in accordance with this section shall provide the following information on a registration form approved by the commission. This subsection does not apply to registering parties who are persons, as defined in this section.(1) The legal name of the registering party as well as any trade or commercial name(s) under which the registering party intends to operate;(2) The registering party's Texas business address and principal place of business;(3) The names and business addresses of the registering party's principal officers;(4) The names of the registering party's affiliates and subsidiaries, if applicable;(5) Telephone number of the customer service department or the name, title and telephone number of the customer service contact person;(6) Name, physical business address, telephone number, fax number, and e-mail address for a regulatory contact person and for an agent for service of process, if a different person;(7) The types of electricity customers that the registering party intends to aggregate; and(8) Any other information required of public bodies on a registration form approved by the commission.(f) Requirements for persons seeking to register as a Class I or Class II.A or Class II.D aggregator. A person seeking any registration under this section shall provide evidence of competency and experience in providing the scope and nature of its proposed services by providing the information listed in either paragraph (1) or (2) of this subsection on a registration form approved by the commission. This subsection does not apply to registering parties who are municipalities, other political subdivisions, or political subdivision corporations.(1) Standard registration.(A) The legal name(s) of the registering party. A registering party may operate under a maximum of five trade or commercial names. At the time of registration, the registering party shall provide all names to the commission and an explanation of its plan for disclosing the names to its customers;(B) The Texas business address and principal place of business of the registering party;(C) The name, title, business address, and phone number of each of the registering party's directors, officers, or partners;(D) Address and telephone number for the customer or member service department or the name, title and telephone number of the customer service contact person;(E) Name, physical business address, telephone number, fax number, and e-mail address for a Texas regulatory contact person and for an agent for service of process, if a different person;(F) The types of electricity customers that the registering party intends to aggregate;(G) Applicable information on file with the Texas Secretary of State, including, but not limited to, the registering party's endorsed certificate of incorporation certified by the Texas Secretary of State, a copy of the registering party's certificate of good standing, or other business registration on file with the Texas Secretary of State;(H) Disclosure of delinquency with taxing authorities in the state of Texas;(I) A description of prior experience, if any, of the registering party or one or more of the registering party's principals or employees in the retail electric industry or a related industry;(J) The names of the affiliates and subsidiaries, if any, of the registering party that provide utility-related services, such as telecommunications, electric, gas, water or cable service;(K) Disclosure of any affiliate or agency relationships and the nature of any affiliate or agency agreements with REPs or transmission and distribution utilities, and an explanation of plans for disclosure to customers and REPs with whom it does business, of its agency relationships with REPs;(L) A list of other states, if any, in which the registering party and registering party's affiliates and subsidiaries that provide utility-related services, such as telecommunications, electric, gas, water, or cable service, currently conduct or previously conducted business;(M) Disclosure of the registering party's known or anticipated sources of compensation for aggregation services, and an explanation of plans for disclosure to its customers of the sources of compensation for aggregation services;(N) Disclosure of the history of bankruptcy or liquidation proceedings of the registering party or any predecessors in interest in the three calendar years immediately preceding the registration request;(O) Disclosure of whether the registering party, a predecessor, an officer, director or principal has been convicted or found liable for fraud, theft or larceny, deceit, or violations of any customer protection or deceptive trade laws in any state;(P) A statement indicating whether the registering party is currently under investigation, either in this state or in another state or jurisdiction for violation of any customer protection law or regulation;(Q) The following information regarding the registering party's complaint history during the three years preceding the application:(i) Any complaint history regarding the registering party, registering party's affiliates or subsidiaries that provide utility-related services, such as telecommunications, electric, gas, water, or cable service, the registering party's predecessors in interest, and principals with public utility commissions or public service commissions in other states where the registering party is doing business or has done business in the past. Relevant information shall include, but not be limited to, the number of complaints, the type of complaint, status of complaint, resolution of complaint and the number of customers in each state where complaints occurred. The Office of Customer Protection shall provide similar complaint information on file at the commission for review.(ii) Any complaint history regarding the registering party, registering party's affiliates or subsidiaries that provide utility-related services, such as telecommunications, electric, gas, water or cable service, the registering party's predecessors in interest, and principals on file with the Texas Secretary of State, Texas Comptroller's Office, Office of the Texas Attorney General, and the Attorney General in other states where the registering party is doing business.(R) For a person registering as a Class II.A aggregator, pending authorizations, if any, from public entities for the registering party to aggregate their loads.(S) Any other information required of persons on a registration form approved by the commission.(2) Alternative limited registration. A person seeking registration pursuant to this paragraph may aggregate only customers who seek to contract for 250 kilowatts or more, per customer, of peak demand electricity. Requirements for registration under this paragraph are as follows:(A) The person shall provide the commission a signed, notarized affidavit stating that it possesses a written consent from each customer it wishes to serve, authorizing the person to provide aggregation services for that customer;(B) The person shall complete applicable portions of the registration form other than the information prescribed in paragraph (1)(J), (K), (L), (M) and (Q) of this subsection;(C) The person shall meet financial requirements of this section, if applicable;(D) A person registering on the basis of this paragraph is subject to the applicable post-registration requirements of subsection (i) of this section.(g) Financial requirements for certain persons. A person registering under this section who intends to take any deposits or other advance payments from electricity customers for aggregation services, as distinguished from electric services, shall demonstrate financial resources necessary to protect customers from the loss of deposits or other advance payments through fraud, business failure or other causes. Aggregation services are distinct from retail electric services. A person registered initially on the basis of not accepting customer deposits or other advance payments for aggregation services shall amend its registration with a showing to the commission that it is able to comply with the requirements of this subsection in advance of accepting deposits or other advance payments for aggregation services.(1) Standard financial qualifications. The amount of required financial resources shall equal the registering person's cumulative obligations to customers arising from deposits or other advance payments for aggregation services made by customers prior to the delivery of aggregation services. A person registering under this paragraph shall disclose its methodology for calculating required financial resources on the registration form.(A) Financial evidence. A aggregator may use any of the financial instruments listed below, as well as any other financial instruments approved in advance by the commission, in order to satisfy the financial requirements established by this rule.(i) Cash or cash equivalent, including cashier's check or sight draft;(ii) A certificate of deposit with a bank or other financial institution;(iii) A letter of credit issued by a bank or other financial institution, irrevocable for a period of at least 15 months;(iv) A line of credit or other loan issued by a bank or other financial institution, including a bond in a form approved by the commission, irrevocable for a period of at least 15 months;(v) A loan issued by a subsidiary or affiliate of the applicant or a corporation holding controlling interest in the applicant, irrevocable for a period of at least 15 months;(vi) A guaranty issued by a shareholder or principal of the applicant; a subsidiary or affiliate of the applicant or a corporation holding controlling interest in the applicant irrevocable for period of at least 15 months.(B) Loans or guarantees. To the extent that it relies upon a loan or guaranty described in subparagraph (A)(v) or (vi) of this paragraph, the aggregator shall provide financial evidence sufficient to demonstrate that the lender or guarantor possesses the financial resources needed to fund the loan or guaranty.(C) Unencumbered resources. All cash and other instruments listed in subparagraph (A) of this paragraph as evidence of financial resources shall be unencumbered by pledges for collateral. These financial resources shall be subject to verification and review prior to registration of the aggregator and at any time after registration in which the aggregator relies on the cash or other financial instrument to meet the requirements under this subsection. The resources available to the aggregator must be authenticated by independent, third party documentation.(D) Credit ratings. To meet the requirements of this paragraph, a aggregator may rely upon either its own investment grade credit rating, or a bond, guaranty, or corporate commitment of an affiliate or another company, if the entity providing such security is also rated investment grade. The determination of such investment grade quality will be based on the ratings of either Standard & Poors (S&P) or Moody's Investor Services (Moody's). If the investment grade credit rating of either S&P or Moody's is suspended or withdrawn, the REP must provide alternative financial evidence consistent with this paragraph within ten days of the credit downgrade.(E) Disclosure to financial backers. A person registering under this paragraph shall provide evidence that a copy of this rule has been provided to any party providing, either directly or indirectly, financial resources necessary to protect customers pursuant to this paragraph.(F) Ongoing Responsibilities. A person registering under this paragraph is subject to the ongoing financial requirements and other applicable post-registration requirements of subsection (i) of this section.(2) Alternative financial qualifications for limited registration. A person seeking registration pursuant to this paragraph is limited to aggregating only customers who seek to contract for 250 kilowatts or more, per customer, of peak demand electricity. Requirements for registration on this limited basis are as follows:(A) The person shall provide the commission a signed, notarized affidavit indicating that it has a written consent from each customer it wishes to serve, stating that the customer is satisfied that the aggregator can provide aggregation services without establishing the cash and credit resources prescribed in paragraph (1) of this subsection.(B) The person shall complete portions of the registration request form other than the information prescribed in paragraph (1) of this subsection;(C) A person registering on the basis of this paragraph is subject to the applicable post-registration requirements of subsection (i) of this section.(h) Registration procedures. The following procedures apply to all entities seeking to register pursuant to this section:(1) A registration request shall be made on the form approved by the commission, verified by oath or affirmation, and signed by a registering party owner or partner, or an officer of the registering party. The form may be obtained from the Central Records division of the commission or from the commission's Internet site. Each registering party shall file its form to request registration with the commission's Filing Clerk in accordance with the commission's procedural rules, Chapter 22 of this title, Subchapter E (relating to Pleadings and Other Documents).(2) The registering party may identify certain information or documents submitted that it believes to contain proprietary or confidential information. Registering parties may not designate the entire registration request as confidential. Information designated as proprietary or confidential will be treated in accordance with the standard protective order issued by the commission applicable to requests to register as an aggregator. If and when a public information request is received for information designated as confidential, the registering party has the burden of establishing that information filed pursuant to this rule is proprietary or confidential.(3) An application shall be processed as follows:(A) The registering party shall immediately inform the commission of any material change in the information provided in the registration request while the request is pending.(B) The commission staff shall review the submitted form for completeness. Within 15 business days of receipt of an incomplete request, the commission staff shall notify the registering party in writing of the deficiencies in the request. The registering party shall have ten business days from the issuance of the notification to cure the deficiencies. If the deficiencies are not cured within ten business days, the staff will notify the registering party that the registration request is rejected without prejudice.(C) Based upon the information provided pursuant to subsections (e), (f), and (g) of this section, the commission shall determine whether a registering party is capable of fulfilling customer protection provisions, disclosure requirements, and marketing guidelines of PURA.(D) The commission shall determine whether to accept or reject the registration request within 60 days of the receipt of a complete application. Unacceptable registrations will be rejected without prejudice to refiling.(i) Post-registration requirements.(1) An aggregator may not refuse to provide aggregation services or otherwise discriminate in the provision of aggregation services to any customer because of race, creed, color, national origin, ancestry, sex, marital status, source or level of income, disability, or familial status; or refuse to provide aggregation services to a customer because the customer is located in an economically distressed geographic area or qualifies for low-income affordability or energy efficiency services; or otherwise unreasonably discriminate on the basis of the geographic location of a customer.(2) An aggregator shall comply with the commission's education, disclosure, and marketing guidelines and rules, including those pertaining to customer protection and the filing of regular reports on customer complaints. An aggregator may not release proprietary customer information to any person unless the customer authorizes the release in a manner approved by the commission. An aggregator shall disclose to customers, when a customer requests aggregation services, all of its trade or commercial names, any agency relationships with REPs, and its sources of compensation for the provision of aggregation services.(3) An aggregator shall update any changes to business name, address, or phone number within ten business days from the date of the change.(4) An aggregator shall notify the commission within 30 days of any material change to its registration request, or if the registrant ceases to meet any commission requirements.(5) An aggregator may amend its registration by providing only the information relevant to the amendment on the registration form. The amendment shall be submitted pursuant to subsection (h)(1) of this section.(6) An aggregator shall file an annual report with the commission on September 1 of each year on a form approved by the commission.(7) An aggregator that is required to demonstrate financial qualifications specified in subsection (g)(1) of this section are subject to the following ongoing conditions:(A) The aggregator shall maintain records on an on-going basis for any advance payments received from customers. Financial resources required under subsection (g)(1)(A)-(C) of this section, shall be maintained at levels sufficient to demonstrate that the registrant can cover all advanced payments that are outstanding at any given time.(B) The aggregator shall file a sworn affidavit demonstrating compliance with subsection (g)(1)(A)-(D) of this section within 90 days of receiving the first payment for aggregation services before those services are rendered.(C) Financial obligations to customers shall be payable to them within 30 business days from the date the aggregator notifies the commission that it intends to withdraw its registration or is deemed by the commission not able to meet its current customer obligations. Customer payment obligations shall be settled before registration is withdrawn.(D) Financial resources required pursuant to subsection (g)(1) of this section shall not be reduced by the aggregator without the advance approval of the commission.(E) The annual update required by paragraph (6) of this subsection shall include a sworn affidavit attesting to compliance with subsection (g)(1) of this section, and an explanation of the methodology for that compliance.(F) The aggregator shall maintain records on an ongoing basis of authorizations from the public entities that have authorized it to provide aggregation services.(8) A person that initially received its registration on the basis of not accepting payments for aggregation services, and was therefore not subject to subsection (g) of this section, shall amend its registration with a showing to the commission that it is able to comply with the requirements of subsection (g) of this section in advance of accepting payments.(9) Persons registered pursuant to the alternative requirements for limited registration specified in subsections (f)(2) and (g)(2) of this section shall make available to the commission the written consent of individual customers, if requested.(10) A registered aggregator that ceases to provide aggregation services may withdraw its registration by notifying the commission 30 days prior to ceasing operations and providing proof of refund of any monies owed to customers. An aggregator that withdraws its registration is not required to comply with paragraphs (1)-(9) of this subsection, following such a withdrawal.(11) A registration shall not be transferred without prior commission approval. The transferee shall submit an application for registration in accordance with this section. The commission shall determine whether to approve the transfer within 60 days of the receipt of a complete application submitted in accordance with subsection (h) of this section.(j) Suspension and revocation of registration and administrative penalty. Pursuant to PURA §39.356, registrations granted pursuant to this section are subject to suspension and revocation for significant violations of PURA or other rules adopted by the commission. At its discretion, the commission may also impose an administrative penalty for a significant violation. Significant violations include, but are not limited to, the following:(1) providing false or misleading information to the commission;(2) engaging in fraudulent, unfair, misleading, deceptive or anti-competitive practices;(3) failing to maintain the minimum level of financial resources required under subsection (g)(1) of this section, if applicable;(4) a pattern of failure to meet the conditions of this section, other commission rules, or orders;(5) bankruptcy, insolvency, or failure to meet its financial obligations on a timely basis;(6) suspension or revocation of a registration, certification, or license by any state or federal authority;(7) conviction of a felony by the registrant or a principal or officer employed by the registrant, of any crime involving fraud, theft or deceit related to the registrant's aggregation service;(8) failure to operate within the applicable legal parameters established by PURA §§39.353, 39.354, 39.3545, and Local Government Code Chapter 303;(9) failure to respond to commission inquiries or customer complaints in a timely fashion;(10) switching or causing to be switched the REP of a customer without first obtaining the customer's authorization; or(11) billing an unauthorized charge, or causing an unauthorized charge to be billed to a customer's retail electric service bill.(k) Sunset of affiliate limitation. The provisions of this section that speak to a prohibition on aggregators from affiliating with REPs cease to be effective July 1, 2003. When this occurs, the agency disclosures required in subsections (f)(1)(K) and (i)(2) of this section shall also include a requirement to disclose any affiliate relationships between the aggregator and REPs.", "sourceNote": "Source Note: The provisions of this §25.111 adopted to be effective June 28, 2000, 25 TexReg 6103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199326", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.112", "label": "Registration of Brokers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "99188", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration required. A person must not provide brokerage services, including brokerage services offered online, in this state for compensation or other consideration unless the person is registered with the commission as a broker. A broker is responsible for all activities conducted on its behalf by any subcontractor or agent. A retail electric provider (REP) is not permitted to register as a broker and must not knowingly provide bids or offers to a person who provides brokerage services in this state for compensation or other consideration and is not registered as a broker. A REP may rely on the publicly available list of registered brokers posted on the commission's website to determine whether a broker is registered with the commission.(b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise:(1) Broker--A person that provides brokerage services.(2) Brokerage services--Providing advice or procurement services to, or acting on behalf of, a retail electric customer regarding the selection of a REP, or a product or service offered by a REP.(c) Requirements for a person seeking to register as a broker. A person seeking to register under this section must provide the information listed in this subsection.(1) All business names of the registrant limited to five business names;(2) The mailing address, telephone number, and email address of the principal place of business of the registrant;(3) The name, title, business mailing address, telephone number, and email address for the registrant's commission contact person;(4) The name, title, business mailing address, telephone number, and email address of the registrant's customer service contact person;(5) The name, title, business mailing address, telephone number, and email address of the registrant's commission complaint contact person;(6) The form of business being registered (e.g., corporation, partnership, or sole proprietor); and(7) An affidavit from the owner, partner, or officer of the registrant affirming that the registrant is authorized to do business in Texas under all applicable laws and is in good standing with the Texas Secretary of State; that all statements made in the application are true, correct, and complete; that any material changes in the information will be provided in a timely manner; and that the registrant understands and will comply with all applicable law and rules.(d) Registration procedures. The following procedures apply to a person seeking to register as a broker:(1) A registration application must be made on the form approved by the commission, verified by notarized oath or affirmation, and signed by an owner, partner, or officer of the registrant. The form may be obtained from the central records division of the commission or from the commission's Internet site. Each registrant must file its registration application form with the commission's filing clerk in accordance with the commission's procedural rules.(2) The registrant must promptly inform the commission of any material change in the information provided in the registration application while the application is being processed.(3) An application will be processed as follows:(A) Commission staff will review the submitted form for completeness. Within 20 working days of receipt of an application, the commission staff will notify the registrant by mail or e-mail of any deficiencies in the application. The registrant will have ten working days from the issuance of the notification to cure the deficiencies. If the deficiencies are not cured within ten working days, commission staff will notify the registrant that the registration application is rejected without prejudice.(B) Commission staff will determine whether to accept or reject the application within 60 days of the receipt of a complete application.(C) An applicant may contest commission staff's rejection of its application by filing a petition for formal review of the registration application in accordance with the commission's procedural rules. The registrant has the burden of proof to establish that its application meets the requirements of PURA and commission rules.(e) Registration Update. Unless updated, a broker registration expires three years after the date of the assignment of a broker registration number or the registration's most recent update. Each registrant must submit the information required to update its registration with the commission not less than 90 days prior to the expiration date of the current registration. An expired registration is no longer valid, and the broker will be removed from the broker list on the commission's website.(f) Registration Amendment. A broker must amend its registration to reflect any changes in the information previously submitted, including business name, mailing address, email address, or telephone number within 30 calendar days from the date of the change. This amendment is an update under (e) of this section.(g) Suspension and Revocation of Registration and Administrative Penalty. The commission may impose an administrative penalty for violations of PURA or commission rules. The commission may also suspend or revoke a broker's registration for significant violations of PURA or commission rules. Significant violations include, but are not limited to, the following:(1) providing false or misleading information to the commission;(2) engaging in fraudulent, unfair, misleading, deceptive or anti-competitive practices;(3) a pattern of failure to meet the requirements of PURA, commission rules, or commission orders;(4) failure to respond to commission inquiries or customer complaints in a timely fashion;(5) switching or causing to be switched the REP of a customer without first obtaining the customer's authorization; or(6) billing an unauthorized charge or causing an unauthorized charge to be billed to a customer's retail electric service bill.", "sourceNote": "Source Note: The provisions of this §25.112 adopted to be effective May 24, 2020, 45 TexReg 3264." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "99188", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.113", "label": "Municipal Registration of Retail Electric Providers (REPs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222536", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to municipalities that require retail electric providers (REPs) to register in accordance with the Public Utility Regulatory Act (PURA) §39.358 and to all REPs with a certificate granted by the commission pursuant to PURA §39.352(a) and §25.107 of this title (relating to Certification of Retail Electric Providers).(b) Purpose. A municipality may require a REP to register as a condition of serving residents of the municipality, in accordance with PURA §39.358. This section establishes an optional \"safe-harbor\" process for municipal registration of REPs to standardize notice and filing procedures, deadlines, and registration information and fees. The \"safe-harbor\" registration process simplifies and provides certainty to both municipalities and REPs, thereby facilitating the development of a competitive retail electric market in Texas. If a municipality enacts a registration ordinance that is consistent with this section, the ordinance shall be deemed to comply with PURA §39.358. A municipality may exercise its authority under PURA §39.358 and adopt an ordinance that is not consistent with this section; however, such ordinance could be subject to an appeal to the commission under PURA §32.001(b).(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Resident--Any electric customer located within the municipality, except the municipality itself, regardless of customer class.(2) Revocation--The cessation of all REP business operations within a municipality, pursuant to municipal order.(3) Suspension--The cessation of all REP business operations within a municipality associated with obtaining new customers, pursuant to municipal order.(d) Non-discrimination in REP registration requirements. A municipality shall not establish registration requirements that are different for any REP or type of REP or that impose any disadvantage or confer any preference on any REP or type of REP. However, a municipality may exclude from its registration requirement a REP that provides service only to the municipality's own electric accounts and not to any residents of the municipality.(e) Notice. A municipality that enacts an ordinance adopting the standard registration process under this section shall file only the ordinance or section of ordinance, including the effective date, with the commission at least 30 days before the effective date of the ordinance. The filing shall not exceed ten pages. The filing of such a municipality's ordinance in accordance with §22.71 of this title (relating to Filing of Pleadings, Documents, and Other Materials) shall serve as notice to all REPs of the requirement to submit a registration to the municipality.(f) Standards for registration of REPs. A municipality that adopts a \"safe-harbor\" ordinance in accordance with this section shall process a REP's registration request as follows:(1) A REP shall register with a municipality that adopts an ordinance in accordance with this section within 30 days after the ordinance requiring registration becomes effective or 30 days after providing retail electric service to any resident of the municipality, whichever is later.(2) A REP shall register with a municipality that adopts an ordinance in accordance with this section by completing a form approved by the commission, and signed by an owner, partner, officer, or other authorized representative of the registering REP. Forms may be submitted to a municipality by mail, facsimile, or online where online registration is available. Registration forms may be obtained from the commission's Central Records division during normal business hours, or from the commission's website.(3) The municipality shall review the REP's submitted form for completeness, including the remittance of the registration fee. Within 15 business days of receipt of an incomplete registration, the municipality shall notify the registering REP in writing of the deficiencies in the registration. The registering REP shall have 20 business days from the issuance of the notification to cure the deficiencies. If the deficiencies are not cured within 20 business days, the municipality shall immediately send a rejection notice to the registering REP that the registration is rejected without prejudice. Absent such notification of rejection, the registration shall be deemed to have been accepted.(4) A municipality shall not deny a REP's request for registration based upon investigations into the fitness or capability of a REP that has a current certificate from the commission.(5) A municipality shall not require a REP to undergo a hearing before the municipality for the purposes of registration, nor require the REP to send a representative to the municipality for purposes of processing the registration form.(g) Information. A municipality may require a REP to provide only the information set forth below. A REP shall provide all of the following information on the commission's prescribed form to a municipality that has adopted a \"safe-harbor\" ordinance under this section:(1) The legal name(s) of the retail electric provider and all trade or commercial names;(2) The registering REP's certificate number, as approved under §25.107 of this title and the docket number under which the certification was granted by the commission;(3) The Texas business address, mailing address, and principal place of business of the registering REP. The business address provided shall be a physical address that is not a post office box;(4) The name, physical business address, telephone number, fax number, and e-mail address for a Texas regulatory contact person and for an agent for service of process, if a different person;(5) Toll-free telephone number for the customer service department or the name, title and telephone number of the customer service contact person;(6) The types of electric customer classes that the REP intends to serve within the municipality; and(7) The location of each office maintained by the registering REP within the municipal boundaries, including postal address, physical address, telephone number, hours of operation, and listing of the services available through each office.(h) Registration fees. A municipality adopting the \"safe-harbor\" registration process may require REPs to pay a reasonable administrative fee for the purpose of registration only.(1) A one-time registration fee of not more than $25 shall be deemed reasonable.(2) A municipality may require a REP to pay a one-time late fee, which shall not exceed $15, only if the REP fails to register within 30 days after the ordinance requiring registration becomes effective or 30 days after providing retail electric service to any resident of the municipality, whichever is later.(i) Post-registration requirements and re-registration.(1) A REP shall notify municipalities adopting the \"safe-harbor\" registration within 30 days of any change in information provided in its registration. In addition, a REP shall notify a municipality within ten days if it discontinues offering service to residents of the municipality.(2) A municipality shall not require REPs to file periodic reports regarding complaints, or any other matter, as part of the registration process.(3) A municipality shall not require a periodic re-registration process or fee.(4) A municipality shall not require a REP to re-register unless a REP's registration is revoked and the REP subsequently cures its defects and resumes operations. In that circumstance, the REP may register in the same manner as a new REP.(j) Suspension and revocation. A municipality may suspend or revoke a REP's registration and authority to operate within the municipality only upon a commission finding that the REP has committed significant violations of PURA Chapter 39 or rules adopted under that chapter. A municipality shall not suspend or revoke the registration of the affiliated REP or provider of last resort (POLR) serving residents in the municipality. A municipality shall not take any action against a REP other than suspension or revocation of a REP's registration and authority to operate in the municipality, or imposition of a late fee in accordance with subsection (h)(2) of this section.(1) A municipality may provide a REP with a warning prior to seeking to suspend or revoke a REP's registration.(2) A municipality seeking to suspend or revoke a REP's registration shall provide the REP with at least 30 calendar days written notice, informing the REP that its registration and authority to operate shall be suspended or revoked. The notice shall specify the reason(s) for such suspension or revocation.(3) A municipality may order that the REP's registration be suspended or revoked only after the notice period has expired.(4) In its suspension order, a municipality shall specify the reasons for the suspension and provide a date certain or provide conditions that a REP must satisfy to cure the suspension. Once the suspension period has expired or the reasons for the suspension have been rectified, the suspension shall be lifted.(5) In its revocation order, a municipality shall specify the reasons for the revocation.(6) A REP may appeal a municipality's suspension or revocation order to the commission.", "sourceNote": "Source Note: The provisions of this §25.113 adopted to be effective January 12, 2003, 28 TexReg 469." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222536", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§25.114", "label": "Registration of Virtual Currency Mining Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130184", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration required. A person operating a virtual currency mining facility receiving retail electric service in the Electric Reliability Council of Texas (ERCOT) region at either transmission or distribution voltage must, not later than one working day after the date the facility begins receiving retail electric service, register the facility as a large flexible load if the facility requires a total load of more than 75 megawatts (MW) and the facility's interruptible load equals 10 percent or more of the actual or anticipated annual peak demand of the facility. A person operating a virtual currency mining facility that is required to register as a large flexible load under this section and began receiving retail electric service prior to the effective date of this rule must register no later than February 1, 2025. (b) Definitions. The following terms, when used in this section, have the following meanings. (1) Virtual currency--has the meaning assigned by Section 12.001, Business & Commerce Code. (2) Virtual currency mining facility--a facility that uses electronic equipment to add virtual currency transactions to a distributed ledger. (3) Interruptible load--the portion of the facility's load that the facility operator can choose to interrupt due to locational marginal prices, load zone prices, response to the ERCOT coincident peak demand for the months of June, July, August and September (4CP), or due to external grid conditions. (c) A registrant must provide the information listed in this subsection in a format established by the commission.(1) The registrant's legal business name, the name of the registrant's corporate parent or parents, the name of the registrant's principals, and all business names of the registrant.(2) A mailing address, telephone number, and e-mail address of the principal place of business of the registrant.(3) The current name, title, business mailing address, telephone number, and e-mail address for the registrant's regulatory contact person, and whether the regulatory contact is an internal staff member of the registrant.(4) The form of business being registered (e.g., corporation, partnership, or sole proprietor). (5) Applicable information on file with the Texas Secretary of State, including, the registrant's endorsed certificate of incorporation certified by the Texas Secretary of State, a copy of the registrant's certificate of fact - status or other business registration on file with the Texas Secretary of State. (6) For each virtual currency mining facility operated by the registrant: (A) the name, address, and county of operation of each facility; (B) the identity of the property owner and lessor or facility host; (C) the size of the facility in square feet and a description of the infrastructure, including whether it is fixed or movable, open or enclosed; (D) the names of the transmission and distribution service providers serving the facility and the load zone the facility is located in; (E) the Electric Service Identifier (ESIID) or equivalent unique premise identifier assigned to the facility; (F) the anticipated peak load, in MWs, from the facility for each year of the five-year period beginning on the date of the registration; (G) the percentage of the site load that meets the definition of interruptible load in subsection (b)(3) of this section; and (H) the actual peak load in MWs and total power consumption in MWhs for the prior calendar year, if the facility took retail electric service at any time during the prior calendar year.(7) An affidavit signed by a representative, official, officer, or other authorized person with binding authority over the registrant affirming that: (A) the registrant is authorized to do business in Texas under all applicable laws and is in good standing with the Texas Secretary of State; (B) that all statements made in the registration submission are true, correct, and complete; (C) that any changes in the information will be provided in a timely manner; (D) that the registrant has provided notice of its compliance with this rule to transmission distribution service providers serving its registered facilities; and (E) that the registrant understands and will comply with all applicable law and rules. (d) Update of registration. A registrant must amend its registration with the commission within 30 days of a change to the information required by subsection (c) of this section. (e) Renewal of registration. A virtual currency mining facility registration expires and must be renewed on or before March 1 of every calendar year by either submitting the information required by subsection (c) of this section or by submitting updated information required by subsections (c)(6)(F) and (H) of this section and a statement that the rest of the facility's registration information on file with the commission is current and correct. (1) By December 31 of each calendar year, commission staff must identify each virtual currency mining facility registration that has not been renewed. (2) Commission staff will provide ERCOT a list of each virtual currency mining facility that has been identified under paragraph (1) of this subsection by January 31 each year. (f) Administrative penalty. The commission may impose an administrative penalty on a person for a violation of the Public Utility Regulatory Act, commission rules, or rules adopted by an independent organization, including failure to timely respond to commission or commission staff inquiries. A violation of this section is a Class A violation under §25.8 of this title, relating to Classification System for Violations of Statutes, Rules, and Orders Applicable to Electric Service Providers.", "sourceNote": "Source Note: The provisions of this §25.114 adopted to be\r\neffective December 11, 2024, 49 TexReg 9967" }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130184", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.121", "label": "Meter Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8416", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Use of meter. All electricity consumed or demanded by an electric customer shall be charged for by meter measurements, except where otherwise provided for by the applicable rate schedule or contract.(b) Installation. Unless otherwise authorized by the commission, each electric utility shall provide and install and shall continue to own and maintain all meters necessary for the measurement of electric energy to its customers.(c) Standard type. All meters shall be of a standard type that meets industry standards. Advanced meters shall meet the standards in this section and §25.130 of this title (relating to Advanced Metering). Special meters used for investigation or experimental purposes are not required to conform to these standards.(d) Location of meters.(1) Meters and service switches in conjunction with the meter shall be installed in accordance with the latest revision of American National Standards Institute (ANSI), Incorporated, Standard C12 (American National Code for Electricity Metering), or other standards as may be prescribed by the commission, and will be readily accessible for reading, testing, and inspection, where such activities will cause minimum interference and inconvenience to the customer.(2) Customer shall provide, without cost to the electric utility, at a suitable and easily accessible location:(A) sufficient and proper space for installation of meters and other apparatus of electric utility;(B) meter board;(C) meter loop;(D) safety service switches when required; and(E) an adequate anchor for service drops.(3) All meters installed after December 21, 1999, shall be located as set forth in this section, provided that, where installations are made to replace meters removed from service, this section shall not operate to require any change in meter locations which were established prior to this date, unless the electric utility finds that the old location is no longer suitable or proper, or the customer desires that the location be changed.(4) Where the meter location on the customer's premises is changed at the request of the customer, or due to alterations on the customer's premises, the customer shall provide and have installed at his expense, all wiring and equipment necessary for relocating the meter.(5) If provisions of this section are inconsistent with §25.214 of this title (relating to Tariff for Retail Delivery Service), the provisions of the Tariff shall control this section.(e) Accuracy requirements.(1) No meter that violates the test calibration limits as set by the American National Standards Institute, Incorporated, shall be placed in service or left in service. Whenever on installation, periodic, or other tests, a meter is found to violate these limits, it shall be adjusted or replaced.(2) Meters shall be adjusted as closely as practicable to the condition of zero error.(f) Notwithstanding any other commission rule, as a condition of receiving electric service or electric delivery service, the customer is deemed to have consented to the provision of meter data to the customer's electric utility, its retail electric provider, and the independent organization or regional transmission organization.(g) If provisions of this subchapter are inconsistent with §25.214 of this title, the provisions of the Tariff shall control this subchapter.", "sourceNote": "Source Note: The provisions of this §25.121 adopted to be effective June 11, 1998, 23 TexReg 6207; amended to be effective May 30, 2007, 32 TexReg 2836." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8416", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.122", "label": "Meter Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130185", "queryAsDate": "03/11/2026" }, "ruleBody": "Each electric utility shall keep the following records:(1) Meter equipment record. Each electric utility shall keep a record of all of its meters, showing the customer's address and date of the last test. For special meters used for investigation or experimental purposes, the record shall state the purpose of the investigation or experiment.(2) Records of meter tests. All meter tests shall be properly referenced to the meter record provided in paragraph (1) of this section. The record of each test made on customer's premises or on request of a customer shall show the identifying number and constants of the meter, the standard meter and other measuring devices used, the date and kind of test made, who conducted the test, the error (or percentage of accuracy) at each load tested, and sufficient data to permit verification of all calculations.", "sourceNote": "Source Note: The provisions of this §25.122 adopted to be effective June 11, 1998, 23 TexReg 6207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130185", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.123", "label": "Meter Readings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "488", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Meter unit indication. Each meter display shall indicate clearly the kilowatt-hours or other units of service for which a charge is made to the utilities' customer.(b) Reading of standard meters. As a matter of general practice, service meters shall be read at monthly intervals, and as nearly as possible on the corresponding day of each meter reading period, but may be read at other than monthly intervals if the circumstances warrant. The electric utility shall notify the customer of any changes to the customer's meter reading cycle. This subsection does not apply to advanced metering systems.(c) Reading of advanced meters. Advanced meters shall be read by the electric utility at intervals required by the Applicable Legal Authorities defined in §25.214(d)(1) of this title (relating to Tariff for Retail Delivery Service).(d) Customer-read program. For meters other than advanced meters, an electric utility in an area where retail competition has not been introduced, may use a customer-read program in which customers read their own meters and report their usage monthly. Such readings shall be considered an actual meter reading by the electric utility for billing purposes. However, an electric utility shall read the meters of customers on a customer-read program at least every six months to verify the accuracy of the electric utility's records.", "sourceNote": "Source Note: The provisions of this §25.123 adopted to be effective June 11, 1998, 23 TexReg 6207; amended to be effective May 30, 2007, 32 TexReg 2836." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "488", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.124", "label": "Meter Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146057", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Meter tests prior to installation. No permanently installed meter shall be placed in service unless its accuracy has been established. If any permanently installed meter is removed from actual service and replaced by another meter for any purpose, it shall be properly tested and adjusted before being placed back in service unless such meter is monitored by a test program approved by the commission.(b) Testing of meters in service. Meter test periods for all types of meters shall conform to the latest edition of American National Standards Institute, Incorporated (ANSI) Standard C12 unless specified otherwise by the commission.(c) Meter tests on request of customer.(1) Each electric utility shall, upon the request of a customer, test the accuracy of the customer's meter at no charge to the customer. The test shall be made during the electric utility's normal working hours and shall be scheduled to accommodate the customer or the customer's authorized representative, if the customer desires to observe the test. The test should be made on the customer's premises, but may, at the electric utility's discretion, be made at the electric utility's test laboratory.(2) If the meter has been tested by the electric utility, or by an authorized agency, at the customer's request, and within a period of four years the customer requests a new test, the electric utility shall make the test. However, if the subsequent test finds the meter to be within ANSI's accuracy standards, the electric utility may charge the customer a fee, which represents the cost of testing at a rate specified in the electric utility's approved tariffs.(3) Following the completion of any requested test, the electric utility shall promptly advise the customer of the date of removal of the meter, the date of the test, the result of the test, and who made the test.(d) Meter testing facilities and equipment.(1) Laboratory equipment. Each electric utility furnishing metered electric service shall, either with its own facilities or a standardizing laboratory of recognized standing, provide such meter laboratory, standard meters, instruments and other equipment and facilities as may be necessary to make the meter tests required by these rules. Such equipment and facilities shall generally conform to ANSI Standard C12, unless otherwise prescribed by the commission, and shall be available at all reasonable times for inspection by the commission's authorized representatives.(2) Portable test equipment. Each electric utility furnishing metered electric service shall provide portable test instruments for testing billing meters.(3) Reference standards. Each electric utility shall provide or have access to suitable indicating electrical instruments as reference standards for insuring the accuracy of shop and portable instruments used for testing billing meters.(4) Testing of reference standards. Reference standards of all kinds shall be submitted once each year or on a scheduled basis approved by the commission to a standardizing laboratory of recognized standing, for the purpose of test and adjustment.(5) Calibration of test equipment. All shop and portable instruments used for testing billing meters shall be calibrated by comparing them with a reference standard at least every 120 days during the time such test instruments are being regularly used. Test equipment shall at all times be accompanied by a certified calibration card signed by the proper authority, giving the date when it was last certified and adjusted. Records of certifications and calibrations shall be kept on file in the office of the electric utility.", "sourceNote": "Source Note: The provisions of this §25.124 adopted to be effective June 11, 1998, 23 TexReg 6207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146057", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.125", "label": "Adjustments Due to Non-Compliant Meters and Meter Tampering in Areas Where Customer Choice Has Not Been Introduced" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146058", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to an electric utility in an area in which customer choice has not been introduced and shall take effect July 1, 2010.(b) Back-billing and meter tampering charges. If any meter is found not to be in compliance with the accuracy standards required by §25.121(e) of this title (relating to Meter Requirements), readings for the time the meter was in service since last tested shall be corrected only as allowed below, and adjusted bills shall be rendered, except that previous readings shall not be corrected for any period in which the current customer was not the customer. The utility shall also bill the customer for any tampering, meter repair, or restoration charges due to meter tampering, if the current customer was the customer when the meter tampering began. Eligibility for an extended payment plan for back-billed amounts relating to meter tampering shall be determined under the applicable commission rules provided that, for back-billed amounts exceeding double the amount of a deposit permitted under §25.24 of this title (relating to Credit Requirements and Deposits), the utility shall offer repayment over no less than six equal monthly installments.(c) Calculation of charges. The charge for any period in which the meter was not in compliance with the accuracy standard shall be based on an estimate of consumption under conditions similar to the conditions when the meter was not registering accurately, during a prior or subsequent period for that location or a similar location, to the extent such information is available.(d) Burden of proof. If a customer challenges the utility's determination of meter tampering or the imposition of charges based on any such determination in a contested case proceeding before the commission, the utility bears the burden of proof that meter tampering occurred.(e) Additional requirements. By April 1 of each calendar year, each utility shall file with the commission a report detailing the following for the previous calendar year concerning meter tampering:(1) Total number of customers for which meter tampering was determined by the utility;(2) The number of customers back-billed and the average of the following charges per customer:(A) utility delivery and energy charges, and(B) meter tampering, repair, and restoration charges; and(3) Total number of cases referred to law enforcement for prosecution that included photographs, a descriptive incident report, affidavit, and notification to law enforcement of the availability of physical evidence in the case.", "sourceNote": "Source Note: The provisions of this §25.125 adopted to be effective July 1, 2010, 35 TexReg 4669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146058", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.126", "label": "Adjustments Due to Non-Compliant Meters and Meter Tampering in Areas Where Customer Choice Has Been Introduced" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "32119", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to a transmission and distribution utility (TDU) and a retail electric provider (REP) in an area in which customer choice is available. The implementation of this section shall take effect on July 1, 2010. This section does not limit a TDU's or REP's right to seek redress for meter tampering through civil and criminal proceedings. (b) Back-billing and meter tampering charges. (1) If any meter is found to be non-compliant with the accuracy standards required by §25.121(e) of this title (relating to Meter Requirements), or if the TDU has provided incorrect consumption or billing data to the REP, then consumption or billing data shall be corrected, and adjusted bills shall be rendered. The TDU shall not back-bill for any period in which the current customer was not the customer of record, or the current REP was not the REP of record. The TDU shall not assess any meter tampering fees, meter repair charges, or restoration charges due to meter tampering, if the current customer was not the customer of record when the meter tampering began, or if the current REP was not the REP of record when the meter tampering began. (2) Back-billing under this subsection shall not exceed a period of: (A) three months, if the TDU discovers a non-compliant meter or other equipment that has not been affected by meter tampering and the back-billing would result in additional electricity charges to the customer; or (B) six months, if the TDU discovers a non-compliant meter that has been affected by meter tampering and the back-billing would result in additional charges or fees to the customer. (3) The back-billing shall not be limited if the TDU discovers a non-compliant meter that has not been affected by meter tampering or has provided incorrect meter readings that are unrelated to meter tampering and the back-billing would result in a credit to the customer. (4) In instances where the TDU finds it appropriate, the TDU may assess charges for services received by the customer prior to the six months back-billed to the REP, and the charges assessed beyond six months shall be sent to the end-use customer directly by the TDU. Charges assessed by the TDU pursuant to this paragraph may extend to periods in which the current REP of Record was not the REP of record. Energy charges shall be determined using the ERCOT-wide bus average hub price as calculated by the independent system operator for the applicable time periods. The utility shall notify the current REP of record of the charges assessed to the customer beyond six months. The TDU shall pay the current REP of record 50% of the energy charges collected for the period of time in which that REP was the REP of record. The TDU shall provide the energy charges to the REP pursuant to a method agreed to by the REP and the TDU. (c) Calculation of charges. The charge for any period in which the meter was not in compliance with the accuracy standard shall be based on an estimate using the standards for calculation as stated in the Tariff for Retail Delivery Service, Section 4.8.1.4, adopted pursuant to §25.214 of this title (relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities). (d) TDU responsibilities concerning metering accuracy. A TDU shall undertake all reasonable efforts to minimize losses associated with inaccurate meters and meter tampering, including the prompt detection and investigation of circumstances in which a meter is not accurately recording and reporting consumption. The TDU shall also take the steps necessary to deter meter tampering and to mitigate the adverse impacts of inaccurate meters on the metering and billing of electricity consumption. (1) Once meter tampering is determined to have taken place, the TDU shall restore normal meter registration and reading within three business days. If the tampering involves a bypass of the meter, and the TDU cannot eliminate the bypass, the TDU shall, within this period, disconnect service to the premises. (2) Following disconnection, the TDU shall provide written notice of disconnection to the customer of record and notice to the REP using a standard market process. (3) The TDU shall, concurrent with the back-billing, supply the REP with the revised estimated meter read resulting from consumption at the premises that the TDU has determined was not previously billed as a result of the meter tampering. The electronic transaction transmitting the estimated meter read to the REP shall clearly denote that the meter read is an estimate and shall state the reason for the estimation. (4) All applicable meter repair and restoration charges shall be sent in a single transaction by the TDU and shall not be spread over several months. The TDU shall send corresponding back-billing transactions concurrently with the transaction for meter repair and restoration charges. (5) The TDU shall investigate, and remedy if necessary, all instances of meter tampering reported under this section within ten business days from the date the tampering was reported to the TDU. (6) The TDU may not invoice the current REP for any back-billed TDU charges related to meter tampering or for any meter repair and restoration charges, until the TDU has placed a switch-hold on the affected ESI pursuant to subsection (g) of this section and collected and prepared the following information in support of a determination of meter tampering. The TDU shall make the information specified in this paragraph electronically and readily available to the REP of record through a secure method, without requiring the REP of record to first request the information. The TDU shall also provide the affected customer this information within five business days of the customer's request. The TDU shall provide reasonable and timely access to the physical items specified in subparagraph (D) of this paragraph to any requesting REP of record or customer. (A) Photographs of the premises including a general photograph of the residence/business (showing address number if available), a wide shot photograph of the meter against the wall or where attached to the premises, and close-ups of the meter and/or diversion evidence (prior to removing the meter cover if the tampering is obvious and after removing the meter cover if the damage is inside the meter), and any other relevant evidence that can be photographed; (B) A detailed description of the detection and investigation methodology employed by the TDU; (C) Documentation of the methodology or rationale used by the TDU to determine the date or approximate date upon which the meter ceased accurately registering consumption at the premises and the detailed calculation and methodology for estimating consumption subject to back-billing, and the methodology used to calculate the back-billing; (D) The affected meter and other metering equipment that the TDU may need to remove from the premises because the tampering involved an unauthorized alteration, manipulation, change or modification of that equipment, and any available object used for meter tampering; (E) Any other reliable and credible information that supports its conclusion that the meter was tampered with, while maintaining confidentiality of anonymous tips provided to the TDU; and (F) A sworn affidavit from an employee or other representative of the TDU attesting to the veracity of the information. (7) The information specified in paragraph (6) of this subsection shall be retained by the TDU for 24 months from the date the TDU invoices the REP pursuant to paragraph (6) of this subsection and, if a legal proceeding is initiated during those 24 months, the information shall be retained by the TDU until the final resolution of that proceeding, or 24 months, whichever is later. (e) Notification of meter tampering. The TDU shall notify the REP within one business day, upon a determination that meter tampering has occurred through a standard market process. The TDU shall also notify the customer within two business days of the determination of meter tampering. (1) The notice to the customer shall be either provided to the customer in the form of a door hanger, or mailed to the premises address assigned to the ESI ID or an address provided by the REP if there is no valid postal premises address assigned to the ESI ID. (2) The notice shall include the following information in the same format as follows: Attached Graphic(f) Burden of Proof. If a retail customer challenges the TDU's determination of meter tampering, or the imposition of charges based on any such determination, in a contested case proceeding before the commission, the TDU shall bear the burden of proof that meter tampering occurred. (g) Switch-hold and disconnection of service. Upon determination by the TDU that tampering has occurred at a premises, the TDU shall on the same day place a switch-hold on the ESI ID, which shall prevent a switch or move-in transaction from being completed for the ESI ID. If the REP exercises its right to disconnect service for non-payment pursuant to §25.483 of this title (relating to Disconnection of Service), the switch-hold shall continue to remain in place. The switch-hold shall remain in effect until the REP of record notifies the TDU to remove the switch-hold because the customer has satisfied its payment obligations for back-billings and meter repair charges due to tampering, or until such time as removal of the switch-hold is otherwise authorized by this section. The TDU shall create and maintain a secure list of ESI IDs with switch-holds that REPs may access. The list shall not include any customer information other than the ESI ID and date the switch-hold was placed. The list shall be updated daily, and made available through a secure means by the TDU. The TDU may provide this list in a secure format through the web portal developed as part of its AMS deployment. (1) The REP via a standard market process shall submit a request to remove the switch-hold once satisfactory payment is received from the retail customer for the back-billings and meter repair and restoration charges. (2) For a customer receiving service under §25.498 of this title (relating to Retail Electric Service Using a Customer Prepayment Device or System), a TDU shall disconnect service within one day of its receipt of the REP's request for disconnection if the TDU has determined that tampering with the customer's meter has occurred. (3) At the time of a mass transition, the TDU shall remove the switch-hold for any ESI ID that is transitioned to a provider of last resort (POLR). No later than the business day following the completion of the last mass transition switch, the TDU shall provide all POLR providers a list of ESI IDs previously subject to a switch-hold. (4) When the REP of record issues a move-out request for an ESI ID under a switch-hold, the REP of record's relationship with the ESI ID is terminated and the switch-hold shall be removed. (h) Move-ins with a valid switch-hold. (1) If a retail applicant for electric service selects a REP and the selected REP submits a move-in transaction for an ESI ID that has an existing switch-hold as defined in subsection (g) of this section due to meter tampering, the TDU shall notify the selected REP that the move-in transaction is rejected via a standard market process. If the selected REP determines the applicant's premise has an existing switch-hold, the selected REP may request removal of the switch-hold prior to submitting a move-in transaction. (2) The selected REP shall use best efforts to promptly determine whether the applicant for electric service is a new occupant not associated with the customer for which the switch-hold was imposed and, if so, obtain adequate documentation that the move-in request is legitimate. Adequate documentation shall include a copy of a signed lease, an affidavit of a landlord, closing documents, a certificate of occupancy, a utility bill dated within the past two months from a different premise, or other comparable documentation in the name of the retail applicant for electric service, and shall include a signed statement from the applicant stating that the applicant is a new occupant of the premises and is not associated with the preceding occupant. (3) Upon receipt of such information from the applicant, the selected REP shall ensure that the applicant's financial information, driver's license number, and social security number and federal tax ID number are protected from improper release. Another REP or a TDU that receives such information from the selected REP shall also protect such information from release. (4) The selected REP shall initiate the use of ERCOT's MarkeTrak issue process to request removal of the switch-hold and provide the supporting documentation to the TDU. This request and supporting documentation shall be subsequently provided to the current REP of record through the MarkeTrak process. (5) The current REP of record may submit other information in response to the supporting documentation submitted by the selected REP, using the MarkeTrak process. This additional information shall be made available to the TDU and the selected REP through the MarkeTrak process. Within four business hours of receiving the request to remove the switch-hold and supporting documentation, the TDU shall determine whether the switch-hold should be removed by confirming the documentation provided under subsection (h)(2) of this section is adequate. In making this decision, the TDU shall take into consideration any additional information submitted by the current REP of record. If the TDU determines the documentation is inadequate, the selected REP and the current REP of record shall be immediately notified through the MarkeTrak process that the request to remove the switch-hold is rejected, and the switch-hold shall remain in effect pursuant to subsection (g) of this section. If the TDU concludes that the documentation is adequate, it shall immediately grant the request to remove the switch-hold and both the selected REP and current REP record shall be immediately notified of the removal through the MarkeTrak process. After being notified of the removal of the switch-hold, the selected REP shall resubmit the move-in transaction to initiate the move-in request. (6) A TX SET transaction or process developed specifically for the purpose of addressing the treatment of switch-holds in the context of move-in transactions shall be used as a substitute for the equivalent process described in this subsection once that TX SET transaction becomes available. The Electric Reliability Council of Texas (ERCOT) shall develop this TX SET transaction process as soon as possible. (7) For a move-in transaction indicating that the ESI ID is subject to a continuous service agreement, the TDU shall remove any switch-hold on that ESI ID and complete the move-in. (i) Additional requirements. (1) By April 1 of each calendar year, each TDU shall file with the commission a report detailing the following for the previous calendar year concerning meter tampering: (A) Total number of customers for which meter tampering was determined by the TDU; (B) The number of customers back-billed and the average of the following charges per customer: (i) utility delivery charges; and (ii) meter repair, and restoration charges. (C) Total number of cases referred to law enforcement for prosecution that included photographs, a descriptive incident report, affidavit, and notification to law enforcement of the availability of physical evidence in the case; (D) Total number of cases prosecuted; (E) Switch-hold statistics, including the number of ESI IDs for which a switch-hold was placed, the number of ESI IDs placed under a switch hold for three months, six months, one year, or longer; and (F) The number of premises for which a TDU assessed charges directly to the customer pursuant to subsection (b)(4) of this section. (2) The utility shall maintain adequate staff responsible for monitoring suspicious activity related to meter tampering in its service territory. The utility shall establish a process for REPs and customers to report meter tampering. The TDU shall also include a customer hotline telephone number or email address on its website, prominently displayed on its front page for electric service. (3) The utility shall maintain a record of meter tampering investigations. The record shall include a timeline by ESI ID, starting with the date information is reported by a REP, landlord, TDU employee or other individual on meter tampering, the date the TDU completed the investigation, and the date the TDU issued the back-billing to the REP. The utility shall make this information available to the commission upon request. (4) The utility shall engage in a customer information campaign to educate customers on the safety hazards associated with electricity theft, diversion, and meter tampering. (j) Proprietary Customer Information. The prohibition against the release of proprietary customer information in §25.472 of this title (relating to Privacy of Customer Information) does not prohibit the release of customer proprietary information to the registration agent, a REP, a POLR provider, or a TDU when the information is necessary to complete a market transaction described in this section. Customer proprietary information provided in accordance with this section shall be treated as confidential, shall be securely destroyed by the current REP of record after 24 months, and shall be used only for the purposes of evaluating whether to lift a switch-hold and cannot be used for any other purpose, including but not limited to marketing or sales efforts by the current REP.", "sourceNote": "Source Note: The provisions of this §25.126 adopted to be effective July 1, 2010, 35 TexReg 4669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "32119", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.127", "label": "Generating Station Meters, Instruments, and Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8427", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Generating station meters. Instruments and meters shall be installed and maintained at each generating station as may be necessary to obtain a record of the output as required, and to show the character of service being rendered from the generating station.(b) Record of station output and purchases of energy. Each electric utility shall keep a daily record of the load and a monthly record of the output of its plants.", "sourceNote": "Source Note: The provisions of this §25.127 adopted to be effective June 11, 1998, 23 TexReg 6207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8427", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.128", "label": "Interconnection Meters and Circuit Breakers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89823", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each electric utility purchasing electric energy shall ensure that all instruments and meters are maintained as may be necessary to obtain full information as to purchases, unless this information is metered and furnished by the electric utility supplying the energy.(b) Record of automatic circuit breaker operations. Each electric utility shall keep monthly records of the number and cause, if known, of the operations of every automatic circuit breaker in service on its transmission and distribution systems.", "sourceNote": "Source Note: The provisions of this §25.128 adopted to be effective June 11, 1998, 23 TexReg 6207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89823", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.129", "label": "Pulse Metering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199163", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to facilitate customer access to electrical pulse (pulse) as defined in §25.341 of this title (relating to Definitions) under terms and conditions specified in subsection (c) of this section.(b) Application. This section applies to transmission and distribution (T&D) utilities, except river authorities. Each T&D utility shall provide access to pulse from the revenue meter and shall provide pulse access in accordance with an Agreement and Terms and Conditions for Pulse Metering Equipment Installation (PMEI agreement), as approved by the commission for all requesting customers.(c) Commission approved pulse metering agreement. Each T&D utility shall provide pulse metering equipment pursuant to the PMEI agreement as approved by the commission.(d) Filing requirements for tariffs. No later than 15 days after the effective date of this section, each T&D utility that does not have a tariff that contains a schedule detailing the charges for providing pulse metering equipment, installation and replacement and, if offered, equipment maintenance shall file a tariff or tariffs containing a schedule detailing the charges for providing pulse metering equipment, installation, and replacement and, if offered, equipment maintenance. The tariff shall conform to the commission rules and the PMEI agreement. Concurrent with the tariff filing in this section, each T&D utility that does not have an approved tariff that contains a schedule detailing the charges for providing pulse metering equipment, installation and, if offered, equipment maintenance shall submit all supporting data for the charges. No later than 15 days after the effective date of this section, each utility shall submit the PMEI agreement as described in subsection (c) of this section and approved by the commission.", "sourceNote": "Source Note: The provisions of this §25.129 adopted to be effective October 22, 2001, 26 TexReg 8345." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199163", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.130", "label": "Advanced Metering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=101615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "101615", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section addresses the deployment, operation, and cost recovery for advanced metering systems.(b) Applicability. This section is applicable to all electric utilities, including transmission and distribution utilities. Any requirement applicable to an electric utility in this section that relates to retail electric providers (REPs) or REPs of record is applicable only to electric utilities operating in areas open to customer choice.(c) Definitions. As used in this section, the following terms have the following meanings, unless the context indicates otherwise:(1) Advanced meter -- Any new or appropriately retrofitted meter that functions as part of an advanced metering system and that has the minimum system features specified in this section, except to the extent the electric utility has obtained a waiver of a minimum feature from the commission.(2) Advanced Metering System (AMS) -- A system, including advanced meters and the associated hardware, software, and communications systems, including meter information networks, that collects time-differentiated energy usage and performs the functions and has the features specified in this section.(3) Deployment Plan -- An electric utility's plan for deploying advanced meters in accordance with this section and either filed with the commission as part of the Notice of Deployment or approved by the commission following a Request for Approval of Deployment.(4) Enhanced advanced meter -- A meter that contains features and functions in addition to the AMS features in the deployment plan approved by the commission.(5) Web portal -- The website made available on the internet in compliance with this section by an electric utility or a group of electric utilities through which secure, read-only access to AMS usage data is made available to the customer, the customer's REP of record, and entities authorized by the customer.(d) Deployment and use of advanced meters.(1) Deployment and use of an AMS by an electric utility is voluntary unless otherwise ordered by the commission. However, deployment and use of an AMS for which an electric utility seeks a surcharge for cost recovery must be consistent with this section, except to the extent that the electric utility has obtained a waiver from the commission.(2) Six months prior to initiating deployment of an AMS or as soon as practicable after the effective date of this section, whichever is later, an electric utility that intends to deploy an AMS must file a statement of AMS functionality, and either a notice of deployment or a request for approval of deployment. An electric utility may request a surcharge under subsection (k) of this section in combination with a notice of deployment or a request for approval of deployment, or separately. A proceeding that includes a request to establish or amend a surcharge will be a ratemaking proceeding and a proceeding involving only a request for approval of deployment will not be a ratemaking proceeding.(3) The statement of AMS functionality must:(A) state whether the AMS meets the requirements specified in subsection (g) of this section and what additional features, if any, it will have;(B) describe any variances between technologies and meter functions within the electric utility's service territory; and(C) state whether the electric utility intends to seek a waiver of any provision of this section in its request for surcharge.(4) A deployment plan must contain the following information:(A) Type of meter technology;(B) Type and description of communications equipment in the AMS;(C) Systems that will be developed during the deployment period;(D) A timeline for the web portal development or integration into an existing web portal;(E) A deployment schedule by specific area (geographic information); and(F) A schedule for deployment of web portal functionalities.(5) An electric utility must file with the deployment plan, testimony and other supporting information, including estimated costs for all AMS components, estimated net operating cost savings expected in connection with implementing the deployment plan, and the contracts for equipment and services associated with the deployment plan, that prove the reasonableness of the plan.(6) Competitively sensitive information contained in the deployment plan and the monthly progress reports required under paragraph (9) of this subsection may be filed confidentially. An electric utility's deployment plan must be maintained and made available for review on the electric utility's website. Competitively sensitive information contained in the deployment plan must be maintained and made available at the electric utility's offices in Austin. Any REP that wishes to review competitively sensitive information contained in the electric utility's deployment plan available at its Austin office may do so during normal business hours upon reasonable advanced notice to the electric utility and after executing a non-disclosure agreement with the electric utility.(7) If the request for approval of a deployment plan contains the information described in paragraph (4) of this subsection and the AMS features described in subsection (g)(1) of this section, then the commission will approve or disapprove the deployment plan within 150 days, but this deadline may be extended by the commission for good cause.(8) An electric utility's treatment of AMS, including technology, functionalities, services, deployment, operations, maintenance, and cost recovery must not be unreasonably discriminatory, prejudicial, preferential, or anticompetitive.(9) Each electric utility must provide progress reports on a monthly basis following the filing of its deployment plan with the commission until deployment is complete. Upon filing of such reports, an electric utility operating in an area open to customer choice must notify all REPs of the filing through standard market notice procedures. A monthly progress report must be filed within 15 days of the end of the month to which it applies, and must include the following information:(A) the number of advanced meters installed, listed by electric service identifier for meters in the Electric Reliability Council of Texas (ERCOT) region. Additional deployment information if available must also be provided, such as county, city, zip code, feeder numbers, and any other easily discernable geographic identification available to the electric utility about the meters that have been deployed;(B) significant delays or deviation from the deployment plan and the reasons for the delay or deviation;(C) a description of significant problems the electric utility has experienced with an AMS, with an explanation of how the problems are being addressed;(D) the number of advanced meters that have been replaced as a result of problems with the AMS; and(E) the status of deployment of features identified in the deployment plan and any changes in deployment of these features.(10) If an electric utility has received approval of its deployment plan from the commission, the electric utility must obtain commission approval before making any changes to its AMS that would affect the ability of a customer, the customer's REP of record, or entities authorized by the customer to utilize any of the AMS features identified in the electric utility's deployment plan by filing a request for amendment to its deployment plan. In addition, an electric utility may request commission approval for other changes in its approved deployment plan. The commission will act upon the request for an amendment to the deployment plan within 45 days of submission of the request, unless good cause exists for additional time. If an electric utility filed a notice of deployment, the electric utility must file an amendment to its notice of deployment at least 45 days before making any changes to its AMS that would affect the ability of a customer, the customer's REP of record, or entities authorized by the customer to utilize any of the AMS features identified in the electric utility's notice of deployment. This paragraph does not in any way preclude the electric utility from conducting its normal operations and maintenance with respect to the electric utility's transmission and distribution system and metering systems.(11) During and following deployment, any outage related to normal operations and maintenance that affects a REP's ability to obtain information from the system must be communicated to the REP through the outage and restoration notice process according to Applicable Legal Authorities, as defined in §25.214(d)(1) of this title (relating to Tariff for Retail Delivery Service). Notification of any planned or unplanned outage that affects access to customer usage data must be posted on the electric utility's web portal home page.(12) An electric utility subject to §25.343 of this title (relating to Competitive Energy Services) must not provide any advanced metering equipment or service that is deemed a competitive energy service under that section. Any functionality of the AMS that is a required feature under this section or that is included in an approved deployment plan or otherwise approved by the commission does not constitute a competitive energy service under §25.343 of this title.(13) An electric utility's deployment and provision of AMS services and features, including but not limited to the features required in subsection (g) of this section, are subject to the limitation of liability provisions found in the electric utility's tariff.(e) Technology requirements. Except for pilot programs, an electric utility must not deploy AMS technology that has not been successfully installed previously with at least 500 advanced meters in North America, Australia, Japan, or Western Europe.(f) Pilot programs. An electric utility may deploy AMS with up to 10,000 meters that do not meet the requirements of subsection (g) of this section in a pilot program, to gather additional information on metering technologies, pricing, and management techniques, for studies, evaluations, and other reasons. A pilot program may be used to satisfy the requirement in subsection (e) of this section. An electric utility is not required to obtain commission approval for a pilot program. Notice of the pilot program and opportunity to participate must be sent by the electric utility to all REPs and all entities authorized by a customer to have read-only access to the customer's advanced meter data.(g) AMS features.(1) An AMS must provide or support the following minimum system features:(A) automated or remote meter reading;(B) two-way communications between the meter and the electric utility;(C) remote disconnection and reconnection capability for meters rated at or below 200 amps.(D) time-stamped meter data;(E) access to customer usage data by the customer, the customer's REP of record, and entities authorized by the customer provided that 15-minute interval or shorter data from the electric utility's AMS must be transmitted to the electric utility's or a group of electric utilities' web portal on a day-after basis;(F) capability to provide on-demand reads of a customer's advanced meter through the graphical user interface of an electric utility's or a group of electric utilities' web portal when requested by a customer, the customer's REP of record, or entities authorized by the customer subject to network traffic such as interval data collection, market orders if applicable, and planned and unplanned outages;(G) for an electric utility that provides access through an application programming interface, the capability to provide on-demand reads of a customer's advanced meter data, subject to network traffic such as interval data collection, market orders if applicable, and planned and unplanned outages;(H) on-board meter storage of meter data that complies with nationally recognized non-proprietary standards such as in American National Standards Institute (ANSI) C12.19 tables or International Electrotechnical Commission (IEC) DLMS-COSEM standards;(I) open standards and protocols that comply with nationally recognized non-proprietary standards such as ANSI C12.22, including future revisions;(J) for an electric utility in the ERCOT region, the capability to communicate with devices inside the premises, including, but not limited to, usage monitoring devices, load control devices, and prepayment systems through a home area network (HAN), based on open standards and protocols that comply with nationally recognized non-proprietary standards such as ZigBee, Home-Plug, or the equivalent through the electric utility's AMS. This requirement applies only to a HAN device paired to a meter and in use at the time that the version of the web portal approved in Docket Number 47472 was implemented and terminates when the HAN device is disconnected at the request of the customer or a move-out transaction occurs for the customer's premises; and(K) the ability to upgrade these features as the need arises.(2) A waiver from any of the requirements of paragraph (1) of this subsection may be granted by the commission if it would be uneconomic or technically infeasible to implement or there is an adequate substitute for that particular requirement. The electric utility must meet its burden of proof in its waiver request.(3) In areas where there is not a commission-approved independent regional transmission organization, standards referred to in this section for time tolerance and data transfer and security may be approved by a regional transmission organization approved by the Federal Energy Regulatory Commission or, if there is no approved regional transmission organization, by the commission.(4) Once an electric utility has deployed its advanced meters, it may add or enhance features provided by AMS, as technology evolves. The electric utility must notify the commission and REPs of any such additions or enhancements at least three months in advance of deployment, with a description of the features, the deployment and notification plan, and the cost of such additions or enhancements, and must follow the monthly progress report process described in subsection (d)(9) of this section until the enhancement process is complete.(h) Discretionary Meter Services. An electric utility that operates in an area that offers customer choice must offer, as discretionary services in its tariff, installation of enhanced advanced meters and advanced meter features.(1) A REP may request the electric utility to provide enhanced advanced meters, additional metering technology, or advanced meter features not specifically offered in the electric utility's tariff, that are technically feasible, generally available in the market, and compatible with the electric utility's AMS.(2) The REP must pay the reasonable differential cost for the enhanced advanced meters or features and system changes required by the electric utility to offer those meters or features.(3) Upon request by a REP, an electric utility must expeditiously provide a report to the REP that includes an evaluation of the cost and a schedule for providing the enhanced advanced meters or advanced meter features of interest to the REP. The REP must pay a reasonable discretionary services fee for this report. This discretionary services fee must be included in the electric utility's tariff.(4) If an electric utility deploys enhanced advanced meters or advanced meter features not addressed in its tariff at the request of the REP, the electric utility must expeditiously apply to amend its tariff to specifically include the enhanced advanced meters or meter features that it agreed to deploy. Additional REPs may request the tariffed enhanced advanced meters or advanced meter features under the process described in this paragraph of this subsection.(i) Tariff. All discretionary AMS features offered by the electric utility must be described in the electric utility's tariff.(j) Access to meter data.(1) A customer may authorize its meter data to be available to an entity other than its REP. An electric utility must provide a customer, the customer's REP of record, and other entities authorized by the customer read-only access to the customer's advanced meter data, including meter data used to calculate charges for service, historical load data, and any other proprietary customer information. The access must be convenient and secure, and the data must be made available no later than the day after it was created.(2) The requirement to provide access to the data begins when the electric utility has installed 2,000 advanced meters for residential and non-residential customers. If an electric utility has already installed 2,000 advanced meters by the effective date of this section, the electric utility must provide access to the data in the timeframe approved by the commission in either the deployment plan or request for surcharge proceeding. If only a notice of deployment has been filed, access to the data must begin no later than six months from the filing of the notice of deployment with the commission.(3) An electric utility's or group of electric utilities' web portal must use appropriate and reasonable standards and methods to provide secure access for the customer, the customer's REP of record, and entities authorized by the customer to the meter data. The electric utility must have an independent security audit conducted within one year of providing that access to meter data. The electric utility must promptly report the audit results to the commission.(4) The independent organization, regional transmission organization, or regional reliability entity must have access to information that is required for wholesale settlement, load profiling, load research, and reliability purposes.(k) Cost recovery for deployment of AMS.(1) Recovery Method. The commission will establish a nonbypassable surcharge for an electric utility to recover reasonable and necessary costs incurred in deploying AMS to residential customers and nonresidential customers other than those required by the independent system operator to have an interval data recorder meter. The surcharge must not be established until after a detailed deployment plan is filed under subsection (d) of this section. In addition, the surcharge must not ultimately recover more than the AMS costs that are spent, reasonable and necessary, and fully allocated, but may include estimated costs that will be reconciled pursuant to paragraph (6) of this subsection. As indicated by the definition of AMS in subsection (c)(2) of this section, the costs for facilities that do not perform the functions and have the features specified in this section must not be included in the surcharge provided for by this subsection unless an electric utility has received a waiver under subsection (g)(2) of this section. The costs of providing AMS services include those costs of AMS installed as part of a pilot program under this section. Costs of providing AMS for a particular customer class must be surcharged only to customers in that customer class.(2) Carrying Costs. The annualized carrying-cost rate to be applied to the unamortized balance of the AMS capital costs must be the electric utility's authorized weighted-average cost of capital (WACC). If the commission has not approved a WACC for the electric utility within the last four years, the commission may set a new WACC to apply to the unamortized balance of the AMS capital costs. In each subsequent rate proceeding in which the commission resets the electric utility's WACC, the carrying-charge rate that is applied to the unamortized balance of the utility's AMS costs must be correspondingly adjusted to reflect the new authorized WACC.(3) Surcharge Proceeding. In the request for surcharge proceeding, the commission will set the surcharge based on a levelized amount, and an amortization period based on the useful life of the AMS. The commission may set the surcharge to reflect a deployment of advanced meters that is up to one-third of the electric utility's total meters over each calendar year, regardless of the rate of actual AMS deployment. The actual or expected net operating cost savings from AMS deployment, to the extent that the operating costs are not reflected in base rates, may be considered in setting the surcharge. If an electric utility that requests a surcharge does not have an approved deployment plan, the commission in the surcharge proceeding may reconcile the costs that the electric utility already spent on AMS in accordance with paragraph (6) of this subsection and may approve a deployment plan.(4) General Base Rate Proceeding while Surcharge is in Effect. If the commission conducts a general base rate proceeding while a surcharge under this section is in effect, then the commission will include the reasonable and necessary costs of installed AMS equipment in the base rates and decrease the surcharge accordingly, and permit reasonable recovery of any non-AMS metering equipment that has not yet been fully depreciated but has been replaced by the equipment installed under an approved deployment plan.(5) Annual Reports. An electric utility must file annual reports with the commission updating the cost information used in setting the surcharge. The annual reports must include the actual costs spent to date in the deployment of AMS and the actual net operating cost savings from AMS deployment and how those numbers compare to the projections used to set the surcharge. During the annual report process, an electric utility may apply to update its surcharge, and the commission may set a schedule for such applications. For a levelized surcharge, the commission may alter the length of the surcharge collection period based on review of information concerning changes in deployment costs or operating costs savings in the annual report or changes in WACC. An annual report filed with the commission will not be a ratemaking proceeding, but an application by the electric utility to update the surcharge must be a ratemaking proceeding.(6) Reconciliation Proceeding. All costs recovered through the surcharge must be reviewed in a reconciliation proceeding on a schedule to be determined by the commission. Notwithstanding the preceding sentence, the electric utility may request multiple reconciliation proceedings, but no more frequently than once every three years. There is a presumption that costs spent in accordance with a deployment plan or amended deployment plan approved by the commission are reasonable and necessary. Any costs recovered through the surcharge that are found in a reconciliation proceeding not to have been spent or properly allocated, or not to be reasonable and necessary, must be refunded to electric utility's customers. In addition, the commission will make a final determination of the net operating cost savings from AMS deployment used to reduce the amount of costs that ultimately can be recovered through the surcharge. Accrual of interest on any refunded or surcharged amounts resulting from the reconciliation must be at the electric utility's WACC and must begin at the time the under or over recovery occurred.(7) Cross-subsidization and fees. The electric utility must account for its costs in a manner that ensures there is no inappropriate cost allocation, cost recovery, or cost assignment that would cause cross-subsidization between utility activities and non-utility activities. The electric utility shall not charge a disconnection or reconnection fee that was approved by the commission prior to the effective date of this rule, for a disconnection or reconnection that is effectuated using the remote disconnection or connection capability of an advanced meter.", "sourceNote": "Source Note: The provisions of this §25.130 adopted to be effective May 30, 2007, 32 TexReg 2836; amended to be effective May 10, 2020, 45 TexReg 2865." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=101615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "101615", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.131", "label": "Load Profiling and Load Research" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146059", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section allocates responsibilities for obtaining load research information necessary to support the load profiling activities of the Electric Reliability Council of Texas (ERCOT), provides for access to that load profile research data by retail electric providers (REPs), and provides a method for recovery of costs by a person who successfully requests a new load profile.(b) Applicability. This section applies to ERCOT, each transmission and distribution utility (TDU) that has a service territory within ERCOT, and each REP certified by the commission. For the purposes of this section, the term person may include a municipally owned utility or electric cooperative.(c) Load research responsibility. Each TDU shall perform load research to support ERCOT's load profiling activities, as directed by ERCOT.(1) ERCOT shall be responsible for load research sample design and sample point selection for ERCOT-directed load profiling and load research samples. ERCOT shall coordinate with each TDU to optimize load research programs of both ERCOT and the TDU. The same samples shall be used to support both the TDU's load research activities and ERCOT's load profile research needs whenever reasonably possible. Each TDU shall coordinate with ERCOT to synchronize its load research cycles and sample replacement with those of ERCOT.(2) ERCOT, in consultation with TDUs, shall specify the manner of data collection for ERCOT load profile research samples and the means and frequency of transmission of such information to ERCOT. Each TDU shall adhere to the specifications for data collection and transmission specified by ERCOT.(3) A TDU may recover its reasonable and necessary costs incurred in performing load profile research as required by this section.(4) This section shall not be interpreted to require a TDU to redeploy any existing samples that were deployed less than five years before the effective date of this section, although this section shall also not be interpreted as addressing the appropriateness of continued deployment of existing TDU samples apart from an ERCOT request to do so. Notwithstanding the foregoing, the TDU shall deploy additional samples as requested by ERCOT in order to support ERCOT's load profiling activities.(d) Availability of load research data. ERCOT shall make load profile research data collected under its direction for accepted load profiles available to all certified REPs.(1) Notwithstanding the foregoing, a municipally-owned utility or electric cooperative that conducts load research activities shall have access to load research data maintained by ERCOT only if it shares statistically valid load research data from its own service territory with ERCOT in accordance with the provisions of subparagraphs (A)-(C) of this paragraph.(A) A municipally-owned electric utility or electric cooperative may submit load research data only if it is obtained in a manner consistent with the Association of Edison Illuminating Companies (AEIC) load research standards and provided in the form and manner specified by ERCOT pursuant to subsection (c)(2) of this section.(B) The municipally-owned electric utility or electric cooperative shall provide to ERCOT information concerning its load research sample design and any other relevant information required by ERCOT.(C) ERCOT shall determine whether the load research data submitted by a municipally owned utility or electric cooperative is statistically valid sample data compiled in a manner consistent with the AEIC Load Profiling Guidelines.(2) ERCOT shall make available customer level data collected under its direction for accepted load profiles for all customers as provided in this subsection, unless ERCOT concludes that, due to the size, usage characteristics, or location of a sample, or other factors, there is a significant risk that release of customer level data for a sample would lead to the disclosure of the identity of the customer being sampled. ERCOT shall make available, as provided in this subsection, all other load profile research data on an aggregated basis, unless ERCOT determines that there is significant risk that disclosure of such aggregated data would lead to the disclosure of the identity of one or more sampled customers. In no event shall the location, name, account number, zip code, or electric service identifier (ESI-ID) of an individual customer in a load profile research sample be made available. The following information shall be made available for load profile research data provided on either an individualized or aggregated basis:(A) customer class;(B) TDU service area;(C) weather zone; and(D) interval usage, or average interval usage for aggregated data.(3) ERCOT may not assess a charge to access the data specified in paragraph (2) of this subsection.(e) New load profiles and fee for use of load profiles. ERCOT may establish new load profiles at the request of a REP or another person.(1) A request for a new or modified load profile must include the requested information detailed in ERCOT's Load Profiling Guide.(2) Any costs associated with developing the supporting data and documentation that is necessary for ERCOT's evaluation of the proposed profile change shall be the responsibility of the person initially requesting the profile change.(3) Within six months of the effective date of this section, ERCOT shall establish and implement a process to collect a fee from any REP who seeks to assign customers to a non-ERCOT sponsored profile. The process shall include a method for other REPs who use the profile to compensate the original requester of the new profile and for ERCOT to notify TDUs which REPs are authorized to use the new profile. A TDU shall not, without authorization, assign a customer to a profile for which a REP or another person has paid the costs of developing the new profile.", "sourceNote": "Source Note: The provisions of this §25.131 adopted to be effective April 16, 2003, 28 TexReg 3047." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146059", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.132", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199164", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of this subchapter, the following terms have the following meanings unless the context indicates otherwise:(1) Meter tampering or tampering--any unauthorized alteration, manipulation, change, or modification of a meter or metering equipment, the diversion or bypass of the meter so that consumption is not properly registered and recorded, interference with or obstruction of meter communications, or alteration of meter data that could adversely affect the integrity of billing data or the electric utility's ability to collect, record, and process the data needed for billing or settlement. Meter tampering includes, but is not limited to, harming or defacing the electric utility's metering facilities, physically or electronically disorienting the meter, attaching objects to the meter, inserting objects into the meter, altering billing or settlement data, construction of electrical pathways that bypass the meter in whole or part, or other electrical or mechanical means of preventing the metering equipment from accurately registering, recording, and reporting accurate consumption information.(2) Meter repair and restoration charges--any fees or charges for replacing a meter, repairing a meter, restoring the condition of and securing metering facilities, removing any device that permits the meter to be bypassed, or repairing any other damage to the utility's facilities as authorized by the electric utility's tariff, including all other costs associated with the investigation and correction of the unauthorized use.", "sourceNote": "Source Note: The provisions of this §25.132 adopted to be effective July 1, 2010, 35 TexReg 4669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199164", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "METERING" }, "rule": { "number": "§25.133", "label": "Non-Standard Metering Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150781", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section allows a customer to choose to receive electric service through a non-standard meter from an electric utility that has deployed or is requesting to deploy advanced meters under a commission-approved deployment plan or notice of deployment and authorizes the electric utility to assess fees to recover the costs associated with this section from a customer who elects to receive electric service through a non-standard meter.(b) Applicability. This section is applicable to an electric utility, including a transmission and distribution utility, that has deployed or is requesting to deploy advanced meters under a commission-approved deployment plan or notice of deployment. Any requirement in this section that relates to retail electric providers (REPs) is applicable only to REPs and electric utilities that operate in areas open to customer choice.(c) Definitions. As used in this section, the following terms have the following meanings, unless the context indicates otherwise:(1) Advanced meter -- As defined in §25.130 of this title (relating to Advanced Metering).(2) Non-standard meter -- A meter that does not function as an advanced meter.(3) Non-standard metering service -- Provision of electric service through a non-standard meter from an electric utility that has deployed or is requesting to deploy advanced meters under a commission-approved deployment plan or notice of deployment.(d) Initiation and termination of non-standard metering service.(1) Initiation of non-standard metering service. An electric utility that has deployed or is requesting to deploy advanced meters under a commission-approved deployment plan or notice of deployment must offer non-standard metering service to customers.(A) An electric utility filing a deployment plan or notice of deployment under §25.130 of this title after the effective date of this section must include non-standard metering service as a part of the plan or notice.(i) Within 30 days of the date of commission approval of an electric utility's deployment plan or the filing of a notice of deployment, the electric utility must provide information on its website that describes its non-standard metering service, the process under this section to request non-standard metering service, and all the costs associated with the service.(ii) An electric utility must provide a statement that non-standard metering service is available and provide a hyperlink to the information required under clause (i) of this subparagraph in all notices and messages delivered to a customer relating to the deployment date of advanced meters in the customer's geographic area.(B) An electric utility must provide notice to a customer consistent with subparagraph (C) of this paragraph within seven days of the customer's request for non-standard metering service, using an appropriate means of service.(C) An electric utility must notify a customer that requests non-standard metering service of the following through a written acknowledgement.(i) The customer will be required to pay the costs associated with the initiation(n of non-standard metering service and the ongoing costs associated with the manual reading of the meter, and other fees and charges that may be assessed by the electric utility that are associated with the non-standard metering service;(ii) The current one-time fees and monthly fee for non-standard metering service;(iii) The customer may be required to wait up to 45 days to switch the customer's REP of record;(iv) The customer may experience longer restoration times in case of a service interruption or outage;(v) The customer may be required by the customer's REP of record to choose a different product or service before initiation of the non-standard metering service, subject to any applicable charges or fees required under the customer's existing contract, if the customer is currently enrolled in a product or service that relies on an advanced meter; and(vi) For a customer that does not currently have an advanced meter, the date (60 days after service of the notice) by which the customer must provide a signed, written acknowledgement and payment of the one-time fee to the electric utility prescribed by subsection (f)(3) of this section. If the signed, written acknowledgement and payment are not received within 60 days, the electric utility will install an advanced meter on the customer's premises.(D) The electric utility must retain the signed, written acknowledgement for at least two years after the non-standard meter is removed from the premises. The commission may adopt a form for the written acknowledgement.(E) An electric utility must offer non-standard metering through the following means:(i) disabling communications technology in an advanced meter if feasible;(ii) if applicable, allowing the customer to continue to receive metering service using the existing meter if the electric utility determines that it meets applicable accuracy standards;(iii) if commercially available, an analog meter that meets applicable meter accuracy standards; and(iv) a digital, non-communicating meter.(F) The electric utility must not initiate the process to provide non-standard metering service before it has received the customer's payment and signed, written acknowledgement. The electric utility must initiate the approved standard market process to notify the customer's REP of record within three days of the electric utility's receipt of the customer's payment and signed, written acknowledgement. Within 30 days of receipt of the payment of the one-time fee and the signed written acknowledgement from the customer, the electric utility, using the approved standard market process, must notify the customer's REP of record of the date the non-standard metering service was initiated.(2) Termination of non-standard metering service. A customer receiving non-standard metering service may terminate that service by notifying the customer's electric utility. The customer will remain responsible for all costs related to non-standard metering service.(e) Other electric utility obligations.(1) When an electric utility completes a move-out transaction for a customer who was receiving non-standard metering service, the electric utility must install or activate an advanced meter at the premises.(2) An electric utility must read a non-standard meter monthly. In order for the electric utility to maintain a non-standard meter at the customer's premises, the customer must provide the electric utility with sufficient access to properly operate and maintain the meter, including reading and testing the meter.(f) Cost recovery and compliance tariffs. All costs incurred by an electric utility to implement this section must be borne only by customers who choose non-standard metering service. A customer receiving non-standard metering service must be charged a one-time fee and a recurring monthly fee.(1) An electric utility's application for approval of its non-standard metering service tariff or amended tariff must be fully supported with testimony and documentation. The application must include one-time fees and a monthly fee for non-standard metering service and must also include the fees for other discretionary services performed by the electric utility that are affected by the customer's selection of non-standard metering service. The commission will allow the electric utility to recover the reasonable rate case expenses that it incurs under this paragraph as part of the one-time fee, the monthly fee, or both. The application must describe the extent to which the back-office costs that are new and fixed vary depending on the number of customers receiving non-standard metering service. Unless otherwise ordered, the electric utility must serve notice of the approved rates and the effective date of the approved rates within five working days of the filing of the commission's final order to REPs that are authorized by the registration agent to provide service in the electric utility's service area. Notice to REPs under this paragraph may be served by email and must be served at least 45 days before the effective date of the rates.(2) An electric utility must have a single recurring monthly fee for non-standard metering service and several one-time fees, one of which must apply to the customer depending on the customer's circumstances. A one-time fee must be charged to a customer that does not have an advanced meter at the customer's premises and will continue receiving metering service through the meter currently at the premises. For a customer that currently has an advanced meter at the premises, the fee will vary depending on the type of meter that is installed to provide non-standard metering service, and the fee must include the cost to remove the advanced meter and subsequently re-install an advanced meter once non-standard metering service is terminated. The one-time fee must recover costs to initiate non-standard metering service. The monthly fee must recover ongoing costs to provide non-standard metering service, including costs for meter reading and billing. Fixed costs not related to the initiation of non-standard metering service may be allocated between the one-time and monthly fees and recovered through the monthly fee over a shortened period of time.(g) Retail electric product compatibility. After receipt of the notice prescribed by subsection (d)(1)(C) of this section, if the customer's current product is not compatible with non-standard metering service, the customer's REP of record must work with the customer to either promptly transition the customer to a product that is compatible with non-standard metering service or transfer the customer to another REP, subject to any applicable charges or fees required under the customer's existing contract. If the customer is unresponsive, the customer's REP of record may transition the customer without the customer's affirmative consent to a market-based, month-to-month product that is compatible with non-standard metering service. Alternatively, if the customer is unresponsive, the customer's REP of record may transfer the customer to another REP under §25.493 (relating to Acquisition and Transfer of Customers from One Retail Electric Provider or Another) so long as the new REP serves the customer using a market-based, month-to-month product with a rate (excluding charges for non-standard metering service or other discretionary services) no higher than one of the tests prescribed by §25.498(c)(15)(A) - (C) of this title (relating to Prepaid Service). The customer's REP of record must promptly provide the customer notice that the customer has been transferred to a new product and, if applicable, to a new REP, and must also promptly provide the new Terms of Service and Electricity Facts Label.", "sourceNote": "Source Note: The provisions of this §25.133 adopted to be effective September 1, 2013, 38 TexReg 5452; amended to be effective May 10, 2020, 45 TexReg 2865." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150781", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "G", "label": "SUBMETERING" }, "rule": { "number": "§25.141", "label": "Central System or Non-submetered Master Metered Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162159", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements Texas Utilities Code §184.052.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Apartment house--One or more buildings containing two or more dwelling units rented primarily for nontransient use with rent paid at intervals of one week or longer.(2) Apartment house owner--The legal titleholder of an apartment house or an individual, firm, or corporation purporting to be the landlord of tenants in the apartment house.(3) Central system utilities--Electricity consumed by a central air conditioning system, central heating system, central hot water system, or central chilled water system in an apartment house. The term does not include utilities directly consumed by a dwelling unit.(4) Customer--The individual, firm, or corporation in whose name a master meter is connected by a utility or that is served by a retail electric provider.(5) Dwelling unit--One or more rooms that are suitable for occupancy as a residence and that contain kitchen and bathroom facilities.(6) Nonsubmetered master metered utility service--Electric utility service that is master metered for an apartment house but is not submetered.(7) Utility--A public, private, or member-owned utility furnishing electricity service to an apartment house served by a master meter.(c) Records and reports.(1) The apartment house owner shall maintain and make available for inspection by the tenant during normal business hours:(A) the billing from the utility to the apartment house owner for the current month and the 12 preceding months; and(B) the calculation of the average cost per kilowatt-hour for the current month and the 12 preceding months which was used in assessing tenant utility billings. The average cost per kilowatt-hour shall be equal to the charges for the electric service plus applicable tax, less any penalties charged by the utility or retail electric provider to the apartment house owner for disconnect, and reconnect, late payment or other similar service charges, divided by the total number of billing units.(2) All records shall be made available to the commission upon request.(3) Records shall be made available at the resident manager's office during reasonable business hours or, if there is no resident manager, at the dwelling unit of the tenant at the convenience of both the apartment house owner and the tenant.(d) Calculation of costs. Central system utilities costs shall be calculated based on metered kilowatt-hour of the central system during the same billing period as that of the utility. The metered kilowatt-hour of the central system shall be multiplied by the average cost per billing calculated according to all applicable industry standards. The cost of nonsubmetered master metered utilities shall be the total charges for electric service to the apartment house less any penalties charged by the utility or the retail electric provider to the apartment house owner for disconnect, reconnect, late payment or other similar service charges.(e) Billing. All rental agreements between the apartment house owner and the tenants shall provide a clear written description of the method of the allocation of central system utilities or non-submetered master metered utilities for the apartment house. The method of allocation may be changed only after 90 days notice of the change to the tenants. The rental agreement for each apartment unit shall contain a statement of the average monthly bill for the previous calendar year for that apartment unit. If there is no rental agreement, apartment house owners shall provide the method of allocation in a separate written document.(1) Rendering and form of bill.(A) Bills shall be rendered for the same billing period as that of the utility or retail electric provider, generally monthly, unless service is rendered for less than that period.(B) The allocation of central system utilities costs or nonsubmetered master metered utilities costs to tenants shall be based on one or a combination of the following methods.(i) the total square footage living area of the dwelling unit as a percentage of the total square footage living area of all dwelling units of the apartment house and all heated and/or air-conditioned common areas. This percentage shall be stated in the rental agreement for each dwelling unit; and(ii) the individually metered or submetered utility usage of the dwelling unit as a percentage of the sum of the individually metered or submetered usage of all dwelling units.(C) Methods to allocate central system utility costs or nonsubmetered master metered utilities to tenants, other than the method outlined in this section, must be approved by the commission.(D) Billings to the tenant shall not be included as part of the rental payment or as part of billings for any other service to the tenant. A separate billing must be issued or, if issued on a multi-item bill, utility billing information must be separate and distinct from any other charges on the bill. The bill may not include a deposit, late penalty, reconnect charge, or any other charges unless otherwise provided for by this chapter. A one-time penalty not to exceed 5.0% may be made on delinquent accounts. If such penalty is applied, the bill shall indicate the amount due if paid by the due date and the amount due if the late penalty is incurred. No late penalty may be applied unless agreed to by the tenant in a written lease which states the exact dollar or percentage amount of such late penalty.(E) An apartment house owner may not impose additional charges on a tenant in excess of the actual charges imposed on the apartment house owner for utility consumption by the apartment house.(2) Due date. The due date of the bill shall not be less than seven days after issuance. A bill for service is delinquent if not received by the party indicated on the bill by the due date. The postmark date, if any, on the envelope of the bill or on the bill itself shall constitute proof of the date of issuance. An issuance date on the bill shall constitute proof of the date of issuance if there is no postmark on the envelope or bill. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next workday after the due date.(3) Overbilling and underbilling. If billings are found to be in error, the apartment house owner shall calculate a billing adjustment. If the tenant is due a refund, an adjustment shall be made for the entire period of the overcharges. If the tenant was undercharged, the apartment house owner may backbill the tenant for the amount which was underbilled. The backbilling is not to exceed six months unless the apartment house owner can produce records to identify and justify the additional amount of backbilling. If the underbilling is $25 or more, the apartment house owner shall offer to such tenant a deferred payment plan option, for the same length of time as that of the underbilling. Furthermore, adjustments for usage by a previous tenant may not be backbilled to the current tenant.(4) Discontinuance of electric service. Disconnection of a dwelling unit by the apartment house owner is governed by Texas Property Code §92.008(b). Disconnection of electric service by a retail electric provider is governed by §25.483(k) of this title (relating to Disconnection of Service). Disconnection of service by an electric utility that is not a transmission and distributed utility is governed by §25.29(j) of this title (relating to Disconnection of Service).(5) Disputed bills and complaints. In the event of a dispute between the tenant and the apartment house owner regarding any bill, the apartment house owner shall immediately make such investigation as shall be required by the particular case, and report the results thereof to the tenant. The investigation and report shall be completed within 30 days from the date the tenant notified the apartment house owner of the dispute. If the tenant is dissatisfied with the results of the investigation, the apartment house owner shall inform the tenant of the Public Utility Commission of Texas complaint process, giving the tenant the address and telephone number of the commission's Office of Customer Protection.", "sourceNote": "Source Note: The provisions of this §25.141 adopted to be effective June 22, 1999, 24 TexReg 4551; amended to be effective January 6, 2011, 35 TexReg 11854." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162159", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "G", "label": "SUBMETERING" }, "rule": { "number": "§25.142", "label": "Submetering for Apartments, Condominiums, and Mobile Home Parks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=71120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "71120", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements Texas Utilities Code §184.014.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Apartment house--One or more buildings containing more than five dwelling units, each of which is rented primarily for non-transient use with rent paid at intervals of one week or longer. The term includes a rented or owner-occupied residential condominium.(2) Dwelling unit--One or more rooms suitable for occupancy as a residence and that contain kitchen and bathroom facilities, or a mobile home in a mobile home park.(3) Master meter--A meter used to measure, for billing purposes, all electric usage of an apartment house or mobile home park, including common areas, common facilities, and dwelling units.(4) Month or monthly--The period between any two consecutive meter readings by the utility, either actual or estimated, at approximately 30-day intervals.(5) Owner--Any owner, operator, or manager of any apartment house or mobile home park engaged in electric submetering.(6) Electric submetering--Individual dwelling unit metering of electric service performed by the owner.(c) Records and reports.(1) The owner shall maintain and make available for inspection by the tenant the following records:(A) the billing from the utility or retail electric provider to the apartment owner for the current month and the 12 preceding months;(B) the calculation of the average cost per billing unit, i.e., kilowatt-hour for the current month and the 12 preceding months;(C) all submeter readings and tenant billings for the current month and the 12 preceding months;(D) all submeter test results for the current month and the 12 preceding months.(2) Records shall be made available at the resident manager's office during reasonable business hours or, if there is no resident manager, at the dwelling unit of the tenant at the convenience of both the apartment owner and tenant.(3) All records shall be made available to the commission upon request.(d) Billing. All rental agreements between the owner and the tenants shall clearly state that the dwelling unit is submetered, that the bills will be issued thereon, that electrical consumption charges for all common areas and common facilities will be the responsibility of the owner and not of the tenant, and that any disputes relating to the computation of the tenant's bill and the accuracy of the submetering device will be between the tenant and the owner. Each owner shall provide a tenant, at the time the lease is signed, a copy of this section or a narrative summary as approved by the commission to assure that the tenant is informed of his rights and the owner's responsibilities under this section.(1) Rendering and form of bill.(A) Bills shall be rendered for the same billing period as that of the electric utility, generally monthly, unless service is rendered for less than that period. Bills shall be rendered as promptly as possible following the reading of the submeters. The submeters shall be read within three days of the scheduled reading date of the electric utility's master meter.(B) The billing unit shall be that used by the electric utility in its billing to the owner.(C) The owner shall be responsible for determining that the energy billed to any dwelling unit shall be only for that submetered and consumed within that unit.(D) Submetered billings shall not be included as part of the rental payment or as part of billings for any other service to the tenant. A separate billing must be issued or, if issued on a multi-item bill, submetered billing information must be separate and distinct from any other charges on the bill and conform to information required in subparagraph (H) of this paragraph. The submetered bill must clearly state \"submetered electricity.\"(E) The bill shall reflect only submetered usage. Utility consumption at all common facilities will be the responsibility of the owner and not of the tenant. Allocation of central systems for air conditioning, heating and hot water is not prohibited by this section as set forth in §25.141 of this title (relating to Central System or Non-submetered Master Metered Utilities).(F) The owner shall not impose any extra charges on the tenant over and above those charges which are billed by the retail electric provider or utility to the owner. The bill may not include a deposit, late penalty, reconnect charge, or any other charges unless otherwise provided for by these sections.(i) A one-time penalty not to exceed 5.0% may be made on delinquent accounts. If the penalty is applied, the bill shall indicate the amount due if paid by the due date and the amount due if the late penalty is incurred. No late penalty may be applied unless agreed to by the tenant in a written lease which states the exact dollar or percentage amount of the late penalty.(ii) In a mobile home park a reconnect fee may be applied for a mobile home not leased by the mobile home park owner if service to the pad site tenant is disconnected for non-payment of submetered bills in accordance with subsection (e)(1) of this section. Such reconnect fee shall be calculated based on the average actual cost to the owner for the expenses associated with the reconnection, but under no circumstances shall exceed $10. No reconnect charge may be applied unless agreed to by the tenant in a written lease which states the exact dollar amount of such reconnect charge.(G) The tenant's submeter bills shall be calculated in the following manner: after the electric bill is received from the utility or retail electric provider, the owner shall divide the net total charges for electrical consumption, plus applicable tax, by the total number of kilowatt-hours to obtain an average cost per kilowatt-hour. The average kilowatt-hour cost shall then be multiplied by each tenant's kilowatt-hour consumption to obtain the charge to the tenant. The computation of the average cost per kilowatt-hour shall not include any penalties charged by the utility or the retail electric provider to the owner for disconnect, reconnect, late payment, or other similar service charges.(H) The tenant's electric submeter bill shall show all of the following information:(i) the date and reading of the submeter at the beginning and at the end of the period for which the bill is rendered;(ii) the number of billing units metered;(iii) the computed rate per billing unit;(iv) the total amount due for electricity used;(v) a clear and unambiguous statement that the bill is not from the utility or retail electric provider, which shall be named in the statement;(vi) the name and address of the tenant to whom the bill is applicable;(vii) the name of the firm rendering the submetering bill and the name or title, address, and telephone number of the person or persons to be contacted in case of a billing dispute;(viii) the date by which the tenant must pay the bill; and(ix) the name, address, and telephone number of the party to whom payment is to be made.(2) Due date. The due date of the bill shall not be less than seven days after issuance. A bill for submetered service is delinquent if not received by the party indicated on the bill by the due date. The postmark date, if any, on the envelope of the bill or on the bill itself shall constitute proof of the date of issuance. An issuance date on the bill shall constitute proof of the date of issuance if there is no postmark on the envelope or bill. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next work day after the due date.(3) Disputed bills. In the event of a dispute between the tenant and the owner regarding any bill, the owner shall promptly make an investigation as shall be required by the particular case, and report the results to the tenant. The investigation and report shall be completed within 30 days from the date the tenant notified the owner of the dispute.(4) Tenant access to records. The tenants of any dwelling unit whose electrical consumption is submetered shall be allowed by the owner to review and copy the master billing for the current month's billing period and for the 12 preceding months, and all submeter readings of the entire apartment house or mobile home park for the current month and for the 12 preceding months.(5) Estimated bills. Estimated bills shall not be rendered unless the meter has been tampered with or is out of order, and shall be distinctly marked \"estimated bill\".(6) Overbilling and underbilling. If submetered billings are found to be in error, the owner shall calculate a billing adjustment. If the tenant is due a refund, an adjustment shall be made for the entire period of the overcharges. If the tenant was undercharged, the owner may backbill the tenant for the amount which was underbilled. The backbilling is not to exceed six months unless the owner can produce records to identify and justify the additional amount of backbilling. If the underbilling is $50 or more, the owner shall offer to the tenant a deferred payment plan option, for the same length of time as that of the underbilling. However, in a mobile home park, the mobile home park owner may not disconnect electric service to a mobile home not leased by the mobile home park owner if the pad site tenant fails to pay charges arising from an underbilling more than six months prior to the date the tenant was initially notified of the amount of the undercharges and the total additional amount due. Furthermore, adjustments for usage by a previous tenant may not be backbilled to the current tenant.(7) Level and average payment plans. An owner may offer a level payment plan or average payment plan consistent with this paragraph.(A) The payment plan may be one of the following methods:(i) A level payment plan allowing eligible tenants to pay on a monthly basis a fixed billing rate of one-twelfth of that tenant's estimated annual consumption at the appropriate rates, with provisions for quarterly adjustments as may be determined based on actual usage.(ii) An average payment plan allowing tenants to pay on a monthly basis one-twelfth of the sum of that tenant's current month's consumption plus the previous 11 month's consumption (or an estimate thereof, for a new customer) at the appropriate customer class rates, plus a portion of any unbilled balance. Provisions for annual adjustments as may be determined based on actual usage shall be provided. If at the end of a year the owner determines that he has collected an amount different than he has been charged by the utility or retail electric provider, the owner must refund any overcollection and may surcharge any undercollection over the next year.(B) Under either of the plans outlined in subparagraph (A) of this paragraph the owner is prohibited from charging the tenant any interest that may accrue. Any seasonal overcharges or undercharges will be carried by the owner of the complex.(C) A mobile home park owner may disconnect service to a mobile home not leased by the mobile home park owner, pursuant to subsection (e) of this section, if the pad site tenant does not fulfill the terms of a level payment plan or an average payment plan.(D) The owner may collect a deposit from all tenants entering into level payment plans or average payment plans; the deposit will not exceed an amount equivalent to one-sixth of the estimated annual billing. Notwithstanding any other provision in these sections, the owner may retain said deposit for the duration of the level or average payment plan; however, the owner shall pay interest on the deposit as is provided in §25.24 of this title (relating to Credit Requirements and Deposits).(e) Discontinuance of electric service.(1) Application. This subsection applies only to mobile homes in a mobile home park that are not leased by the mobile home park owner. Disconnection of any other dwelling unit by the owner is governed by Texas Property Code §92.008(b).(2) Disconnection for delinquent bills.(A) Electric service may be disconnected only for nonpayment of electric bills. A pad site tenant's electric service may be disconnected if a bill has not been paid within 12 days from the date of issuance and proper notice has been given. Proper notice shall consist of a separate mailing or hand delivery at least five days prior to a stated date of disconnection, with the words \"termination notice\" or similar language prominently displayed on the notice. The notice shall include the office or street address where a tenant can go during normal working hours to make arrangements for payment of the bill and for reconnection of service.(B) Under these provisions, a pad site tenant's electric service may be discontinued only for nonpayment of electric service.(3) Disconnection on holidays or weekends. Unless a dangerous condition exists, or unless the pad site tenant requests disconnection, electric service shall not be disconnected on a day, or on a day immediately preceding a day, when personnel of the mobile home park are not available for the purpose of making collections and reconnecting electric service.(4) Disconnection under special circumstances.(A) Disconnection of ill and disabled. A mobile home park owner shall not disconnect electric service to a pad site tenant when that tenant establishes that disconnection of electric service will cause some person residing at the tenant's mobile home to become seriously ill or more seriously ill;(i) Each time a pad site tenant seeks to avoid disconnection of electric service under this subparagraph, the tenant must accomplish all of the following by the stated date of disconnection:(I) have the person's attending physician (for purposes of this subsection, the term \"physician\" shall mean any public health official, including medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) call or contact the mobile home park owner by the stated date of disconnection;(II) have the person's attending physician submit a written statement to the mobile home park owner; and(III) enter into a deferred payment plan.(ii) The prohibition against electric service termination provided by this subparagraph shall last 63 days from the issuance of the electric bill or a shorter period agreed upon by the mobile home park owner and the customer or physician.(B) Disconnection of energy assistance clients. A mobile home park owner shall not disconnect electric service to a pad site tenant for a billing period in which the mobile home park owner receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue service; and(C) Disconnection during extreme weather. A mobile home park owner shall not disconnect electric service to a pad site tenant on a day when:(i) the previous day's highest temperature did not exceed 32 degrees Fahrenheit, and the temperature is predicted to remain at or below that level for the next 24 hours, according to the nearest National Weather Service (NWS) reports; or(ii) the NWS issues a heat advisory for any county in which the mobile home park is located, or when such advisory has been issued on any one of the preceding two calendar days.(f) Submeters.(1) Submeter requirements.(A) Use of submeter. All electrical energy sold by an owner shall be charged for by meter measurements.(B) Installation by owner. Unless otherwise authorized by the commission, each owner shall be responsible for providing, installing, and maintaining all submeters necessary for the measurement of electrical energy to its tenants.(2) Submeter records. Each owner shall keep the following records:(A) Submeter equipment record. Each owner shall keep a record of all of its submeters, showing the tenant's address and date of the last test.(B) Records of submeter tests. All submeter tests shall be properly referenced to the submeter record provided in this section. The record of each test made shall show the identifying number of the submeter, the standard meter and other measuring devices used, the date and kind of test made, by whom made, the error (or percentage of accuracy), and sufficient data to permit verification of all calculations.(3) Submeter unit indication. Each meter shall indicate clearly the kilowatt-hours consumed by the tenant.(4) Submeter tests on request of tenant. Each owner shall, upon the request of a tenant, and if the tenant so desires, in the tenant's or the tenant's authorized representative's presence, make a test of the accuracy of the tenant's submeter. The test shall be made during reasonable business hours at a time convenient to the tenant desiring to observe the test. If the submeter tests within the accuracy standards for self-contained watt-hour meters as established by the latest edition of American National Standards Institute, Incorporated, (ANSI), Standard C12 (American National Code for Electricity Metering), a charge of up to $15 may be charged the tenant for making the test. However, if the submeter has not been tested within a period of one year, or if the submeter's accuracy is not within the appropriate accuracy standards, no charge shall be made to the tenant for making the test. Following completion of any requested test, the owner shall promptly advise the tenant of the results of the test.(5) Bill adjustment due to submeter error. If any submeter is found not to be within the accuracy standards in subsection (f)(4) of this section proper correction shall be made of previous readings. An adjusted bill shall be rendered in accordance with subsection (d)(6) of this section. If a submeter is found not to register for any period, unless bypassed or tampered with, the owner may make a charge for units used, but not metered, for a period not to exceed one month based on amounts used under similar conditions during periods preceding or subsequent thereto, or during the corresponding period in previous years.(6) Bill adjustment due to conversion. If, during the 90-day period preceding the installation of meters or submeters, an owner increases rental rates, and such increase is attributable to increased costs of electric service, then such owner shall immediately reduce the rental rate by the amount of such increase and shall refund all of the increase that has previously been collected within the 90-day period.(7) Location of submeters. Submeters, service switches, or cut-off valves in conjunction with the submeters shall be installed in accordance with the latest edition of ANSI, Standard C12, and will be readily accessible for reading, testing, and inspection, with minimum interference and inconvenience to the tenant.(8) Submeter testing facilities and equipment.(A) Qualified expert. Each owner engaged in electric submetering shall engage an independent qualified expert to provide such instruments and other equipment and facilities as may be necessary to make the submeter tests required by this section. Such equipment and facilities shall generally conform to the ANSI, Standard C12, unless otherwise prescribed by the commission, and shall be available at all reasonable times for the inspection by its authorized representatives.(B) Portable standards. Each owner engaged in electrical submetering shall, unless specifically excused by the commission, provide or utilize a testing firm which provides portable test instruments as necessary for testing billing submeters.(C) Reference standards. Each owner shall provide or have access to suitable indicating instruments as reference standards for insuring the accuracy of shop and portable instruments used for testing billing submeters.(D) Testing of reference standards. All reference standards shall be submitted once each year or on a scheduled basis approved by the commission to a standardizing laboratory of recognized standing, for the purpose of testing and adjustment.(E) Calibration of test equipment. All shop and portable instruments used for testing billing submeters shall be calibrated by comparing them with a reference standard at least every 120 days during the time such test instruments are being regularly used. Test equipment shall at all times be accompanied by a certified calibration card signed by the proper authority, giving the date when it was last certified and adjusted. Records of certifications and calibrations shall be kept on file in the office of the owner.(9) Accuracy requirements for submeters.(A) Limits. No submeter that exceeds the test calibration limits for self-contained watt-hour meters as set by the ANSI, Standard C12, shall be placed in service or left in service. All electrical current transformers, potential transformers, or other such devices used in conjunction with an electric submeter shall be considered part of the submeter and must also meet test calibration and phase angle limits set by the ANSI Standard C12 and the ANSI Standard C57.13 for revenue billing. A nameplate shall be attached to each transformer and shall include or refer to calibration and phase angle data and other information required by the ANSI Standard C12 and the ANSI Standard C57.13 for revenue billing. Whenever on installation, periodic, or other tests, an electric submeter or transformer is found to exceed these limits, it shall be adjusted, repaired, or replaced.(B) Adjustments. Submeters shall be adjusted as closely as possible to the condition of zero error. The tolerances are specified only to allow for necessary variations.(10) Submeter tests prior to installation. No submeter shall be placed in service unless its accuracy has been established. If any submeter is removed from actual service and replaced by another submeter for any purpose whatsoever, it shall be properly tested and adjusted before being placed in service again.(11) Testing of electric submeters in service. Standard electromechanical single stator watt-hour meters with permanent braking magnets shall be tested in accordance with the ANSI Standard C12 for periodic, variable interval, or statistical sampling testing programs. All other types of submeters shall be tested at least annually unless specified otherwise by the commission.(12) Restriction. Unless otherwise provided by the commission, no dwelling unit in an apartment house or mobile home park may be submetered unless all dwelling units are submetered.(13) Same type meters required. All submeters which are served by the same master meter shall be of the same type, such as induction or electronic.", "sourceNote": "Source Note: The provisions of this §25.142 adopted to be effective August 11, 1999, 24 TexReg 6031; amended to be effective January 6, 2011, 35 TexReg 11854; amended to be effective June 10, 2013, 38 TexReg 3568." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=71120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "71120", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "ELECTRICAL PLANNING" }, "rule": { "number": "§25.172", "label": "Goal for Natural Gas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215842", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to a power generation company, municipally owned utility, or electric cooperative that installs new generation capacity in this state after January 1, 2000. The provisions of subsection (g) of this section shall apply to a municipally owned utility or an electric cooperative only if it has adopted customer choice pursuant to the Public Utility Regulatory Act (PURA) §40.051(a) or §41.051(a) respectively. This section does not apply to an electric utility not subject to PURA Chapter 39, pursuant to §39.102(c), until the expiration of its freeze period. (b) Purpose. The purpose of this section is to encourage, to the extent permitted by law, owners of new generating capacity, other than capacity from renewable energy technologies, to use natural gas as their primary fuel source. The commission shall institute a natural gas energy credits trading program to ensure that 50% of all new generating capacity except, capacity from renewable energy technologies, installed in this state after January 1, 2000, uses natural gas as its primary fuel. (c) Definitions. (1) New generating capacity - Nameplate generating capacity of a facility installed in this state after January 1, 2000, except capacity based on a renewable energy technology. This definition of new generating capacity does not include modifications to previously installed generating facilities that merely increase the efficiency of, or reduce emissions from, such facilities. For the purposes of this section the phrase \"new generating capacity purchased\" refers to the purchase of all or part of an installed unit, and not to the purchase of capacity or energy from an installed unit. (2) Natural gas energy credit (NGEC) - A NGEC shall be granted for each megawatt of new generating capacity fueled by natural gas. The commission shall issue NGECs to each power generation company, municipally owned utility, or electric cooperative that installs new, gas- fired generating capacity. Each credit shall be issued once and shall be valid so long as the plant meets reasonable performance standards; if a plant no longer meets reasonable performance standards or is retired, its associated NGECs shall be revoked. (3) Reasonable performance standards - Those standards which, when applied to new natural gas-fired capacity, would reasonably be expected to maximize energy output consistent with industry standards widely accepted at the time of installation and for the technology employed. (d) Natural gas energy credit requirement. Upon activation of the NGEC trading program the number of NGECs required to be owned or held by each power generation company, municipally owned utility, and electric cooperative in this state shall not be less than its new non-gas-fired generating capacity in megawatts. Upon retirement of new non-gas-fired generating capacity, the NGEC requirement shall be reduced by the capacity of the facility that is retired. (1) The requirements of this section may be satisfied by owning new generating capacity fired primarily by natural gas, for which NGECs have not been sold to a third party, or by holding NGECs acquired from third parties, either in connection with purchasing capacity or on a stand-alone basis, or by any combination thereof. (2) A power generation company, municipally owned utility, or electric cooperative that does not own new generation capacity shall not be required to obtain any natural gas credits. (e) Program activation. The commission shall activate the natural gas energy credits trading program if it determines that within three years from the date of the evaluation, new generating capacity in Texas that is fueled primarily by natural gas may fall below 55% of all new generating capacity. However, the commission may accelerate or delay implementation of individual NGEC requirements in the event the commission determines that such action is in the public interest. This analysis shall be based on the annual reports filed pursuant to subsection (h) of this section. If the commission activates the program, it shall: (1) require power generators, municipally owned utilities, and electric cooperatives to demonstrate that for each megawatt of new non-gas fired generating capacity it owns or holds natural gas energy credits equal to that amount of capacity; and (2) Within 240 days, adopt rules that will determine the conditions for compliance and penalties for noncompliance with this section for each power generator, municipally owned utility, and electric cooperative. (f) Natural gas energy credit trading. The commission shall be responsible for issuing, tracking and assigning serial numbers to NGECs in accordance with this section. The total number of NGECs at any time shall equal the amount of new gas-fired generating capacity (MW) that uses natural gas as its primary fuel source, less any NGECs revoked to reflect plant retirements or poor performance relative to the standards referred to in subsection (c)(4) of this section. NGECs may be traded among power generators, municipally owned utilities, electric cooperatives, and other interested parties. (g) Environmental benefits and \"green\" electricity. Each retail electric provider, municipally owned utility, or electric cooperative that has adopted customer choice: (1) may emphasize that natural gas produced in this state is the cleanest burning fossil fuel; (2) may market electricity generated using natural gas produced in this state as environmentally beneficial and may label such generation as \"green\" electricity under this section if such electricity is generated exclusively from generating capacity based on natural gas technologies that use natural gas produced in this state. The use of fuel oil in a generating facility that otherwise relies on natural gas as its sole fuel shall not preclude labeling output from the facility as \"green\" if the fuel oil is used for: (A) emergency backup; (B) periodic testing; or (C) a lubricant in de minimus amounts; and (3) shall provide sufficient proof, upon request, that any marketing representation that it makes that its electricity is \"green\" are consistent with this section. (h) Annual reports. (1) Beginning in 2001, no later than February 14th of each year, each registered power generation company, municipally owned utility, and electric cooperative shall file with the commission on a form prescribed by the commission, the following information regarding new generating facilities it owns or operates in Texas: (A) For each unit of new generating capacity: (i) plant location and name; (ii) nameplate capacity (in megawatts) of each unit; (iii) ownership share of each unit; (iv) primary fuel type of new generating capacity; (v) Texas Natural Resource Conservation Commission turbine or boiler permit number and date; and (vi) date that commercial operation began. (B) Forecasted generation additions by fuel type for the next three calendar years (for the next five calendar years if the fuel type is coal, lignite, or nuclear): (i) plant location and name; (ii) nameplate capacity (MW) of each unit; (iii) ownership share of each unit; (iv) primary fuel type of new generating capacity; (v) Texas Natural Resource Conservation Commission turbine or boiler permit number and date; and (vi) date that commercial operation will begin. (C) Data on holdings of natural energy gas credits: (i) current holdings of credits by serial number; and (ii) any purchase or sale of credits by serial number during the previous calendar year. (2) Based on the annual reports, not later that April 15th of each year, the commission shall award NGECs for new-gas fired capacity installed in the previous year. (3) Beginning in 2001, and no later than May 15th of each year, the commission shall publish, in aggregate form only, the information submitted in compliance with this rule, including calculations that show whether the prior year's generating capacity in Texas is in compliance with this section and whether capacity for the following three years is likely to be in compliance with the natural gas usage goals, based on the forecast information submitted. (i) Texas natural gas - market conditions. The commission shall consult with the Railroad Commission of Texas, which shall monitor the Texas natural gas industry and conduct appropriate market studies to determine whether an adequate supply of Texas natural gas for power generation exists. If necessary, the commission shall develop additional safeguards to ensure that natural gas produced in this state remains the preferred fuel for power generation.", "sourceNote": "Source Note: The provisions of this §25.172 adopted to be effective December 29, 1999, 24 TexReg 11716." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215842", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "ELECTRICAL PLANNING" }, "rule": { "number": "§25.173", "label": "Renewable Energy Credit Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178683", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purposes of this section are to:(1) Establish a solar renewable portfolio standard pursuant to Section 53 of House Bill 1500, enacted by the 88th Texas Legislature, Regular Session, to be phased out by September 1, 2025; and(2) Direct the independent organization certified under PURA §39.151 for the ERCOT region to continue to administer a renewable energy credit (REC) trading program on a voluntary basis.(b) Application. This section applies to power generation companies as defined in §25.5 of this title (relating to Definitions), and retail entities as defined in subsection (c) of this section.(c) Definitions.(1) Compliance period--A calendar year beginning January 1 and ending December 31 in which renewable energy credits are generated.(2) Compliance premium--A premium awarded by the program administrator in conjunction with a solar renewable energy credit that is generated by a renewable energy source that meets the criteria of subsection (e)(2)(A) of this section. For the purpose of the solar renewable energy portfolio standard requirements, one compliance premium is equal to one solar renewable energy credit.(3) Designated representative--A person authorized by the owners or operators of a renewable resource to register that resource with the program administrator. The designated representative must have the authority to represent and legally bind the owners and operators of the renewable resource in all matters pertaining to the renewable energy credit trading program.(4) Existing facilities--Renewable energy generators placed in service before September 1, 1999.(5) Generation offset technology--Any renewable technology that reduces the demand for electricity at a site where a customer consumes electricity. An example of this technology is solar water heating.(6) Microgenerator--A customer who owns one or more eligible renewable energy generating units with a rated capacity of less than one megawatt (1 MW) operating on the customer's side of the utility meter.(7) New facilities--Solar renewable energy generators placed in service on or after September 1, 1999. A new facility includes the incremental capacity and associated energy from an existing renewable facility achieved through repowering activities undertaken on or after September 1, 1999.(8) Off-grid generation--The generation of renewable energy in an application that is not interconnected to a utility transmission or distribution system.(9) Opt-out notice--Written notice submitted to the commission by a transmission-level voltage customer.(10) Program administrator--The entity responsible for carrying out the administrative responsibilities related to the REC trading program and the solar renewable portfolio standard as set forth in this section. In accordance with PURA §39.9113, the program administrator is the independent organization certified under PURA §39.151 for the ERCOT region.(11) REC aggregator--An entity managing the participation of two or more microgenerators in the REC trading program.(12) REC offset (offset)--A REC offset represents one megawatt-hour (MWh) of renewable energy from an existing facility that is not eligible to earn renewable energy credits or compliance premiums.(13) Renewable energy credit (REC)--A REC represents one MWh of renewable energy that is physically metered and verified in Texas and meets the requirements set forth in subsection (e)(1)(A) of this section.(14) Renewable energy credit account (REC account)--An account maintained by the program administrator for the purpose of tracking the production, sale, transfer, purchase, and retirement of RECs, solar RECs, or compliance premiums by a program participant.(15) Renewable energy credit trading program (trading program)--The process of awarding, trading, tracking, and submitting RECs as a means of meeting the renewable energy requirements set out in subsection (g) of this section.(16) Renewable energy resource (renewable resource)--A resource that produces energy derived from renewable energy technologies.(17) Renewable energy technology--Any technology that exclusively relies on an energy source that is naturally regenerated over a short time and derived directly from the sun, indirectly from the sun, or from moving water or other natural movements and mechanisms of the environment. Renewable energy technologies include those that rely on energy derived directly from the sun, wind, geothermal, hydroelectric, wave, or tidal energy, or on biomass or biomass-based waste products, including landfill gas. A renewable energy technology does not rely on energy resources derived from fossil fuels, waste products from fossil fuels, or waste products from inorganic sources.(18) Repowered facility--An existing facility that has been modernized or upgraded to use renewable energy technology to produce electricity consistent with this rule.(19) Retail entity--Municipally-owned utilities, generation and transmission cooperatives and distribution cooperatives that offer customer choice, retail electric providers (REPs), and investor-owned utilities that have not unbundled under PURA Chapter 39.(20) Settlement period--The period following a compliance period in which the settlement process for that compliance period takes place as set forth in subsection (i) of this subsection.(21) Small producer--A renewable resource that is less than ten megawatts (10 MW) in size.(22) Solar renewable energy credit (solar REC)--A REC representing one MWh of renewable energy that is physically metered and verified in Texas and meets the requirements set forth in subsection (e)()(2) of this section.(23) Solar renewable portfolio standard (solar RPS) - The amount of solar capacity required in subsection (e)(2) of this section to implement Section 53 of House Bill 1500 enacted by the 88th Texas Legislature, Regular Session.(24) Transmission-level voltage customer--A customer that receives electric service at 60 kilovolts (kV) or higher or that receives electric service directly through a utility-owned substation that is connected to the transmission network at 60 kV or higher.(d) Certification of renewable energy facilities. The commission will certify all renewable facilities that will produce either REC offsets, RECs, solar RECs, or compliance premiums for sale in the trading program. To be awarded REC offsets, RECs, solar RECs, or compliance premiums, a power generator must complete the certification process described in this subsection. The program administrator must not award REC offsets, RECs, solar RECs, or compliance premiums for energy produced by a power generator before it has been certified by the commission.(1) The designated representative of the generating facility must file an application with the commission on a form approved by the commission for each renewable energy generation facility. At a minimum, the application must include the location, owner, technology, and rated capacity of the facility, and must demonstrate that the facility meets the resource eligibility criteria in subsection (e) of this section. Any subsequent changes to the information in the application must be filed with the commission within 30 days of such changes.(2) No later than 30 days after the designated representative files the certification form with the commission, the commission will inform both the program administrator and the designated representative whether the renewable facility has met the certification requirements. At that time, the commission will either certify the renewable facility as eligible to receive REC offsets, RECs, solar RECs, or compliance premiums or describe any insufficiencies to be remedied. If the application is contested, the time for acting is extended for such time as is necessary for commission action.(3) Upon receiving notice of certification of new facilities, the program administrator will create a REC account for the designated representative of the renewable resource.(4) The commission or program administrator may make on-site visits to any certified facility, and the commission will decertify any facility if it is not in compliance with the provisions of this subsection.(5) A decertified renewable generator may not be awarded RECs, solar RECs, or compliance premiums. However, any RECs, solar RECs, REC offsets, or compliance premiums awarded by the program administrator and transferred to a retail entity prior to the decertification remain valid.(6) Participants that were registered and certified to participate in the trading program prior to the effective date of this rule continue to be registered and certified under this subsection and are not required to re-register or be recertified to participate in the trading program.(e) Renewable energy credits, solar renewable energy credits, and compliance premiums.(1) Renewable energy credits (RECs).(A) Facilities eligible for producing RECs in the trading program. For a renewable facility to be eligible to produce RECs for the trading program it must be either a new facility, a small producer, or a repowered facility as defined in subsection (c) of this section and must also meet the requirements of this subsection.(i) A renewable energy resource must not be ineligible under subparagraph (B) of this paragraph and must be certified under subsection (d) of this section.(ii) For a renewable energy technology that requires fossil fuel, the facility's use of fossil fuel must not exceed 25.0% of the total annual fuel input on a British thermal unit (BTU) or equivalent basis.(iii) For a renewable energy technology that requires the use of fossil fuel that exceeds 2.0% of the total annual fuel input on a BTU or equivalent basis, RECs can only be earned on the renewable portion of the production. A renewable energy resource using a technology described by this clause must comply with the following requirements:(I) A meter must be installed and periodic tests of the heat content of the fuel must be conducted to measure the amount of fossil fuel input on a British thermal unit (BTU) or equivalent basis that is used at the facility;(II) The renewable energy resource must calculate the electricity generated by the unit in MWh, based on the BTUs (or equivalent) produced by the fossil fuel and the efficiency of the renewable energy resource, subtract the MWh generated with fossil fuel input from the total MWh of generation and report the renewable energy generated to the program administrator;(III) The renewable energy resource must report the generation to the program administrator in the measurements, format, and frequency prescribed by the program administrator, which may include a description of the methodology for calculating the non-renewable energy produced by the resource; and(IV) The renewable energy resource is subject to audit to verify the accuracy of the data submitted to the program administrator and compliance with this section, to be conducted by the program administrator or an independent third party as requested by the program administrator. If the program administrator requires a third party audit, the audit must be performed at the expense of the renewable energy resource.(iv) The output of the facility must be readily capable of being physically metered and verified in Texas by the program administrator. Energy from a renewable facility that is delivered into a transmission system where it is commingled with electricity from non-renewable resources before being metered cannot be verified as delivered to Texas customers. A facility is not ineligible if the facility is a generation-offset, off-grid, or on-site distributed renewable facility and it otherwise meets the requirements of this subparagraph.(v) For a municipally owned utility operating a gas distribution system, any production or acquisition of landfill gas that is directly supplied to the gas distribution system is eligible to produce RECs based upon the conversion of the thermal energy in BTUs to electric energy in kWh using for the conversion factor the systemwide average heat rate of the gas-fired units of the combined utility's electric system as measured in BTUs per kWh.(vi) For industry-standard thermal technologies, the RECs can be earned only on the renewable portion of energy production.(B) Facilities not eligible for producing RECs in the trading program. A renewable facility is not eligible to produce RECs if it is:(i) A renewable energy capacity addition associated with an emissions reductions project described in Health and Safety Code §382.05193, that is used to satisfy the permit requirements in Health and Safety Code §382.0519; or(ii) An existing facility that is not a small producer as defined in subsection (c) of this section or has not been repowered as permitted under subparagraph (A) of this paragraph.(2) Solar renewable energy credits (solar RECs) for solar RPS.(A) Facilities eligible for producing solar RECs and compliance premiums for the solar RPS. For a renewable facility to be eligible to produce solar RECs and compliance premiums for the solar RPS, it must be either a new facility, a small producer, or a repowered facility as defined in subsection (c) of this section and must also meet the requirements of this paragraph:(i) A renewable energy resource must not be ineligible under subparagraph (B) of this paragraph and must register under subsection (d) of this section.(ii) A facility must only use renewable energy technologies that exclusively rely on an energy source that is naturally regenerated, over a short time and derived directly from the sun.(iii) The output of the facility must be readily capable of being physically metered and verified in Texas by the program administrator. Energy from a solar renewable facility that is delivered into a transmission system where it is commingled with electricity from non-solar renewable resources before being metered cannot be verified as delivered to Texas customers. A facility is not ineligible by virtue of the fact that the facility is a generation-offset, off-grid, or on-site distributed solar renewable facility if it otherwise meets the requirements of this subparagraph.(iv) For repowered facilities, a facility is eligible to earn solar RECs on all renewable energy produced up to a capacity of 150 MW. A repowered facility with a capacity greater than 150 MW may earn solar RECs for the energy produced in proportion to 150 divided by nameplate capacity.(B) Facilities not eligible for producing solar RECs and compliance premiums for use in the solar RPS. A renewable facility is not eligible to produce solar RECs and compliance premiums for use in the solar RPS if it is:(i) A renewable energy capacity addition associated with an emissions reductions project described in Health and Safety Code §382.05193, that is used to satisfy the permit requirements in Health and Safety Code §382.0519; or(ii) An existing facility that is not a small producer as defined in subsection (c) of this section or has not been repowered as permitted under this subsection.(3) Compliance premiums. The program administrator will award compliance premiums to solar REC generators certified by the commission under subsection (d) of this section.(A) For eligible solar technologies as set forth in paragraph (2)(A)(ii) of this subsection, one compliance premium will be created and awarded in conjunction with each solar REC generated January 1, 2008 through December 31, 2024. Compliance premiums will not be created or awarded after December 31, 2024.(B) Except as provided in this paragraph, the award, retirement, trade, and registration of compliance premiums must follow the requirements of paragraph (4) of this subsection and subsections (f) and (i) of this section.(C) A compliance premium may be used by any retail entity toward its solar RPS requirement under subsection (f)(2) of this section.(D) A compliance premium may not be used by any retail entity toward the RPS requirement after the settlement period for 2024 compliance period.(E) The program administrator must increase the statewide RPS requirement calculated under subsection (f)(2)(A) of this section by the number of compliance premiums retired during the previous compliance period.(4) Production, transfer, and expiration of RECs and solar RECs. The production, transfer, and expiration of RECs and solar RECs must follow the requirements of this paragraph. RECs and solar RECs issued through December 31, 2023, continue to exist and retire consistent with their issuance.(A) The owner of a renewable resource will earn one REC or solar REC when a MWh is metered at that renewable resource. The program administrator will record the energy in metered MWh and credit the REC account of the renewable resource that generated the energy on a quarterly basis. Quarterly production must be rounded to the nearest whole MWh, with fractions of 0.5 MWh or greater rounded up.(B) The transfer of RECs or solar RECs between parties is effective only when the transfer is recorded by the program administrator.(C) The program administrator will require that RECs or solar RECs be adequately identified prior to recording a transfer and must issue an acknowledgement of the transaction to parties upon provision of adequate information. At a minimum, the following information must be provided:(i) identification of the parties;(ii) REC or solar REC serial number, REC or solar REC issue date, and the renewable resource that produced the REC or solar REC;(iii) the number of RECs or solar RECs to be transferred; and(iv) the transaction date.(D) A retail entity must surrender RECs or solar RECs to the program administrator for retirement from the market for a compliance period. The program administrator will document all REC and solar REC retirements annually.(E) On or after each April 1, the program administrator will retire RECs and solar RECs that have not been retired by retail entities and have reached the end of their compliance life.(F) The program administrator may establish a procedure to ensure that the award, transfer, and retirement of RECs and solar RECs are accurately recorded.(G) The issue date of RECs or solar RECs generated by renewable energy resources will coincide with the compliance period in which the credits are created. All RECs and solar RECs will have a compliance life of three compliance periods, after which the program administrator will retire them from the trading program.(H) Each REC or solar REC that is not used in the compliance period in which it was created may be banked and is valid for the next two compliance periods. For purposes of this subparagraph, calendar year 2023 counts as a single compliance period.(f) Solar renewable portfolio standard (solar RPS).(1) Solar RECs may be generated, transferred, and retired by renewable energy power generators certified under subsection (d) of this section, retail entities, and other market participants as set forth in subsection (e)(4) of this section. Solar RECs generated by renewable energy resources in the calendar year 2025 may be used by any retail entity toward the solar RPS requirement for the compliance period beginning January 1, 2025, or on a voluntary basis in the subsequent years.(A) The program administrator will allocate a solar RPS requirement among all retail entities as a percentage of the retail sales of each retail entity as set forth in paragraph (2) of this subsection. Each retail entity is responsible for retiring sufficient solar RECs as set forth in paragraph (2) of this subsection and subsection (e)(4) of this section for the 2024 and 2025 compliance periods. The requirement to retire solar RECs to comply with this section becomes effective on the date a retail entity begins serving retail electric customers in Texas or, for an electric utility, as specified by law.(B) Solar RECs will be credited on an energy basis as set forth in subsection (e)(4) of this section.(C) A municipally-owned utility or distribution cooperative possessing renewable resources that meet the requirements of subsection (e)(2)(A) of this section may sell solar RECs generated by such a resource to retail entities as set forth in subsection (e)(4) of this section.(D) Except where specifically stated, the provisions of this section apply uniformly to all participants in the trading program.(E) The solar RPS end on September 1, 2025.(2) Allocation of solar RPS requirement to retail entities. The program administrator must allocate solar RPS requirements among retail entities. The solar RPS terminates September 1, 2025, but is subject to the settlement period following that termination date. The program administrator must use the following methodology to determine the total annual solar RPS requirement for a given year and the final solar RPS allocation for individual retail entities:(A) The total statewide solar RPS requirement for each applicable compliance period must be calculated in terms of MWh and must be equal to the applicable capacity requirement set forth in this paragraph multiplied by 8,760 hours for the 2024 compliance period and 5,840 hours for the 2025 compliance period, multiplied by the appropriate capacity conversion factor set forth in paragraph (3) of this subsection. The solar renewable energy capacity requirements for the compliance periods beginning January 1, 2024, and January 1, 2025, respectively are:(i) 1,310 MW of resources from New Facilities in the 2024 compliance period; and(ii) 655 MW of resources from New Facilities in the 2025 compliance period.(B) The final solar RPS allocation for an individual retail entity for a compliance period must be calculated as follows:(i) Prior to the preliminary solar RPS allocation, each retail entity's total retail energy sales are reduced to exclude the consumption of customers that opt out in accordance with paragraph (4) of this subsection. Each retail entity's preliminary solar RPS allocation is determined by dividing its total retail energy sales in Texas by the total retail sales in Texas of all retail entities and multiplying that percentage by the total statewide solar RPS requirement for that compliance period.(ii) The adjusted solar RPS allocation for each retail entity that is entitled to an offset is determined by reducing its preliminary solar RPS allocation by the offsets to which it qualifies, as determined under paragraph (5) of this subsection, with the maximum reduction equal to the retail entity's preliminary solar RPS allocation. The total reduction for all retail entities is equal to the total usable offsets for that compliance period.(iii) Each retail entity's final solar RPS allocation for a compliance period must be increased to recapture the total usable offsets calculated under clause (ii) of this subparagraph. The additional solar RPS allocation must be calculated by dividing the retail entity's preliminary RPS allocation by the total preliminary solar RPS allocation of all retail entities. This fraction must be multiplied by the total usable offsets for that compliance period and this amount must be added to the retail entity's adjusted solar RPS allocation to produce the retail entity's final solar RPS allocation for the compliance period.(C) Concurrent with determining final individual solar RPS allocations for the current compliance period in accordance with this subsection, the program administrator must recalculate the final solar RPS allocations for the previous compliance periods, taking into account corrections to retail sales resulting from resettlements. The difference between a retail entity's corrected final solar RPS allocation and its original final solar RPS allocation for the previous compliance periods must be added to or subtracted from the retail entity's final solar RPS allocation for the current compliance period.(3) Calculation of capacity conversion factor. The capacity conversion factor used by the program administrator to allocate solar RECs to retail entities must be calculated during the first quarter of the 2024 compliance period and will be utilized through the end of the solar RPS. The capacity conversion factor must:(A) Be based on actual generator performance data for the previous two years for solar renewable resources in the trading program during that period for which at least 12 months of performance data are available;(B) Represent a weighted average of generator performance; and(C) Use all actual generator performance data that is available for each solar renewable resource, excluding data for testing periods.(4) Opt-out notice.(A) A customer receiving electrical service at transmission-level voltage who submits an opt-out notice to the commission for the applicable compliance period must have its load excluded from the solar RPS calculation. Any opt-out notice submitted under the RPS as it existed prior to the effective date of this section continues to apply to the solar RPS for the compliance period as specified in this subsection.(B) An investor-owned utility that is subject to the solar RPS requirement under this section must not collect costs attributable to the solar RPS from an eligible customer who has submitted an opt-out notice. An investor-owned utility whose rates include the cost of solar RECs must file a tariff to implement this paragraph, not later than 30 days after the effective date of this section.(C) A customer opt-out notice must be filed in the commission-designated project number before the beginning of a compliance period for the notice to be effective for that period. Each opt-out notice must include the name of the individual customer opting out, the customer's ESI IDs, the retail entities serving those ESI IDs, and the term for which the notice is effective, which may not exceed two years. The customer opting out must also provide the information included in the opt-out notice directly to ERCOT and may request that ERCOT protect the customer's ESI ID and consumption as confidential information. A customer may revoke a notice under this paragraph at any time prior to the end of a compliance period by filing a letter in the designated project number and providing notice to ERCOT.(5) Nomination and award of REC offsets.(A) A REP, municipally-owned utility, G&T cooperative, distribution cooperative, or an affiliate of a REP, municipally-owned utility, or distribution cooperative, may apply offsets to meet all or a portion of its solar RPS requirement, as calculated in paragraph (2) of this subsection, only if those offsets were nominated in a filing with the commission by June 1, 2001.(B) The program administrator must award offsets consistent with the commission's actions to verify designations of REC offsets and with this section.(C) REC offsets must be equal to the average annual MWh output of an existing resource for the years 1991-2000 or the entire life of the existing resource, whichever is less.(D) REC offsets qualify for use in a compliance period under paragraph (2) of this subsection only to the extent that:(i) The resource producing the REC offset has continuously since September 1, 1999, been owned by or its output has been committed under contract to a utility, municipally-owned utility, or cooperative (or successor in interest) nominating the resource under subparagraph (A) of this paragraph or, if the resource has been committed under a contract that expired after September 1, 1999, and before January 1, 2002, it was owned by or its output was committed under contract to a utility, municipally-owned utility, or cooperative on January 1, 2002; and(ii) The facility producing the REC offsets is operated and producing energy during the compliance period in a manner consistent with historic practice.(E) If the production of energy from a facility that is eligible for an award of REC offsets ceases for any reason, or if the power purchase agreement with the facility's owner (or successor in interest) that is referred to in subparagraph (D)(i) of this paragraph has lapsed or is no longer in effect, the retail entity must no longer be awarded REC offsets related to the facility.(F) REC offsets must not be traded.(g) Renewable energy credits trading program. The program administrator must maintain a voluntary banking and accreditation system to facilitate a voluntary renewable energy credit trading program. The program administrator must maintain the records, accounts, RECs, and compliance premiums from the trading program as it existed prior to August 31, 2023, and prior to the effective date of this section, as applicable.(1) RECs may be generated, transferred, and retired by renewable energy power generators certified under subsection (d) of this section, retail entities, and other market participants as set forth in this section. For purposes of this subsection, there is no distinction between RECs and solar RECs.(A) A power generating company may participate in the trading program and may generate RECs and buy or sell RECs as set forth in subsection (e)(4) of this section.(B) RECs must be credited on an energy basis as set forth in subsection (e)(4) of this section.(C) A municipally-owned utility or distribution cooperative possessing renewable resources that meet the requirements of subsection (e)(1)(A) and (e)(2)(A) of this section may sell RECs generated by such a resource to retail entities as set forth in subsection (e)(4) of this section.(2) The program administrator may assign additional attributes to RECs, such as more precise REC generation timestamps, to allow buyers to distinguish between RECs.(h) Responsibilities of the program administrator. At a minimum, the program administrator must perform the following functions:(1) Create and maintain accounts that track RECs, solar RECs, and compliance premiums for each participant in the trading program;(2) Award RECs, solar RECs, or compliance premiums to certified renewable energy facilities on a quarterly basis based on verified meter reads;(3) Award offsets to retail entities on an annual basis based on a nomination submitted by the retail entity under subsection (f)(5) of this section;(4) Annually record the retirement of RECs, solar RECs, and compliance premiums that each retail entity submits;(5) Retire RECs, solar RECs, and compliance premiums at the end of each REC, solar REC, or compliance premium's compliance life;(6) Maintain public information on its website that provides trading program information to interested buyers and sellers of RECs, solar RECs, or compliance premiums;(7) Create an exchange procedure where persons may purchase and sell RECs, solar RECs, or compliance premiums. The exchange must ensure the anonymity of persons purchasing or selling RECs, solar RECs, or compliance premiums. The program administrator may delegate this function to an independent third party, subject to commission approval;(8) Make public each month the total energy sales of retail entities in Texas for the previous month;(9) Perform audits of generators participating in the trading program to verify accuracy of metered production data;(10) Allocate the RPS requirement to each retail entity in accordance with subsection (f)(2) of this section; and(11) Submit an annual report to the commission. The program administrator must submit a report to the commission on or before May 15 of each calendar year. The report must contain information pertaining to renewable energy power generators and retail entities. At a minimum, the report must contain:(A) the amount of existing and new renewable energy capacity in MW installed in the state by technology type, the owner/operator of each facility, the date each facility began to produce energy, the amount of energy generated in megawatt-hours (MWh) each quarter for all capacity participating in the trading program or that was retired from service; and(B) a listing of all retail entities participating in the trading program, each retail entity's solar RPS requirement, the number of offsets used by each retail entity, the number of solar RECs retired by each retail entity, the number of compliance premiums retired by each retail entity, a listing of all retail entities that were in compliance with the solar RPS requirement, a listing of all retail entities that failed to comply with the solar RPS requirement, and the deficiency of each retail entity that failed to retire sufficient solar RECs or compliance premiums to meet its solar RPS requirement.(i) Settlement process. The 90 days following the compliance period is the settlement period during which the following actions will occur:(1) 30 days after the end of the compliance period, the program administrator will notify each retail entity of its total solar RPS requirement for the previous compliance period as determined under subsection (f)(2) of this section.(2) 90 days after the end of the compliance period, each retail entity must submit solar RECs or compliance premiums to the program administrator from its account equivalent to its solar RPS requirement for the previous compliance period. If the retail entity does not submit sufficient solar RECs or compliance premiums to satisfy its obligation, the retail entity is subject to the penalty provisions in subsection (j) of this section.(3) The program administrator may request the commission to adjust the deadlines set forth in this section if changes to the ERCOT settlement calendar or other factors affect the availability of reliable retail sales data.(j) Penalties and enforcement. If by April 1 of the year following a compliance period in which the solar RPS was in effect the program administrator determines that a retail entity has not retired sufficient solar RECs or compliance premiums to satisfy its allocation of the solar RPS, the retail entity is subject to an administrative penalty, under PURA §15.023, of $50 per MWh that is deficient.(k) Microgenerators and REC aggregators. A REC aggregator may manage the participation of multiple microgenerators in the trading program. The program administrator will assign to the REC aggregator all RECs or solar RECs accrued by the microgenerators who are under a REC management contract with the REC aggregator.(1) The microgenerator's units must be installed and connected to the grid in compliance with commission Substantive Rules, applicable interconnection standards adopted under the commission Substantive Rules, and federal rules.(2) Notwithstanding subsection (e)(1)(A)(iii) of this section, a REC aggregator may use any of the following methods for reporting generation to the program administrator, as long as the same method is used for each microgenerator in an aggregation unit, as defined by the REC aggregator. A REC aggregator may have more than one aggregation and may choose any of the methods listed below for each aggregation unit.(A) The REC aggregator may provide the program administrator with production data that is measured and verified by an electronic meter that meets ANSI C12 standards and that will be separate from the aggregator's billing meter for the service address and for which the billing data and the renewable energy data are separate and verifiable data. Such actual data must be collected and transmitted within a reasonable time and is subject to verification by the program administrator. REC aggregators using this method will be awarded one REC for every MWh generated.(B) The REC aggregator may provide the program administrator with sufficient information for the program administrator to estimate with reasonable accuracy the output of each unit, based on known or observed information that correlates closely with the generation output. REC aggregators using this method will be awarded one REC for every 1.25 MWh generated. After installing the unit, the certified technician must provide the microgenerator, the REC aggregator, and the program administrator the information required by the program administrator under this paragraph.(C) A generating unit may have a meter that transmits actual generation data to the program administrator using applicable protocols and procedures. Such protocols and procedures must require that actual data be collected and transmitted within a reasonable time. REC aggregators using this method will be awarded one REC for every MWh generated.(3) REC aggregators must register with the commission and the program administrator and must also register to participate in the trading program.(4) A microgenerator participating in the trading program individually without the assistance of a REC aggregator must comply with the requirements of this subsection.(5) REC aggregators and microgenerators that were registered and certified to participate in the trading program prior to the effective date of this section continue to be registered and certified under this subsection and are not required to re-register or be recertified to participate in the trading program.(l) Effective date. This section is effective January 1, 2024. The version of this rule that existed prior to January 1, 2024 applies through December 31, 2023, including the settlement of the 2023 compliance period, except that the 2023 compliance period ended on August 31, 2023, and RPS calculation must use 5,832 hours rather than 8,760 hours.", "sourceNote": "Source Note: The provisions of this §25.173 adopted to be effective January 1, 2024, 48 TexReg 7505." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178683", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "ELECTRICAL PLANNING" }, "rule": { "number": "§25.174", "label": "Competitive Renewable Energy Zones" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227103", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Competitive Renewable Energy Zone Transmission Projects. In considering an application for a certificate of convenience and necessity (CCN) or CCN amendment for the addition of a second 345-kilovolt (kV) circuit on the Alibates-AJ Swope-Windmill-Ogallala-Tule Canyon transmission line, the commission is not required to consider the factors under Public Utility Regulatory Act (PURA) §37.056(c)(1) and (2).(b) Designation of Competitive Renewable Energy Zones. The designation of Competitive Renewable Energy Zones (CREZs) pursuant to PURA §39.904(g) shall be made through one or more contested-case proceedings initiated by commission staff, for which the commission shall establish a procedural schedule. The commission shall consider the need for proceedings to determine CREZs in 2007.(1) Commission staff shall initiate a contested case proceeding upon receiving the information required by paragraph (2) of this subsection. Any interested entity that participates in the contested case may nominate a region for CREZ designation. An entity may submit any evidence it deems appropriate in support of its nomination, but it shall include information prescribed in paragraph (2)(A) - (C) of this subsection.(2) By December 1, 2006, the Electric Reliability Council of Texas (ERCOT) shall provide to the commission a study of the wind energy production potential statewide, and of the transmission constraints that are most likely to limit the deliverability of electricity from wind energy resources. ERCOT shall consult with other regional transmission organizations, independent organizations, independent system operators, or utilities in its analysis of regions of Texas outside the ERCOT power region. At a minimum, the study submitted by ERCOT shall include:(A) a map and geographic descriptions of regions that can reasonably accommodate at least 1,000 megawatts (MW) of new wind-powered generation resources;(B) an estimate of the maximum generating capacity in MW that each zone can reasonably accommodate and an estimate of the zone's annual production potential;(C) a description of the improvements necessary to provide transmission service to the region, a preliminary estimate of the cost, and identification of the transmission service provider (TSP) or TSPs whose existing transmission facilities would be directly affected;(D) an analysis of any potential combinations of zones that, in ERCOT's estimation, would result in significantly greater efficiency if developed together; and(E) the amount of generating capacity already in service in the zone, the amount not in service but for which interconnection agreements (IAs) have been executed, and the amount under study for.(3) The Texas Department of Parks and Wildlife may provide an analysis of wildlife habitat that may be affected by renewable energy development in any candidate zone, and may submit recommendations for mitigating harmful impacts on wildlife and habitat.(4) In determining whether to designate an area as a CREZ and the number of CREZs to designate, the commission shall consider:(A) whether renewable energy resources and suitable land areas are sufficient to develop generating capacity from renewable energy technologies;(B) the level of financial commitment by generators; and(C) any other factors considered appropriate by the commission as provided by PURA, including, but not limited to, the estimated cost of constructing transmission capacity necessary to deliver to electric customers the electric output from renewable energy resources in the candidate zone, and the estimated benefits of renewable energy produced in the candidate zone.(5) The commission shall issue a final order within six months of the initiation by commission staff of a CREZ proceeding, unless it finds good cause to extend the deadline. For each new CREZ it orders, the commission shall specify:(A) the geographic extent of the CREZ;(B) major transmission improvements necessary to deliver to customers the energy generated by renewable resources in the CREZ, in a manner that is most beneficial and cost-effective to the customers, including new and upgraded lines identified by voltage level and a general description of where any new lines will interconnect to the existing grid;(C) an estimate of the maximum generating capacity that the commission expects the transmission ordered for the CREZ to accommodate; and(D) any other requirement considered appropriate by the commission as provided by PURA.(6) The commission may direct a utility outside of ERCOT to file a plan for the development of a CREZ in or adjacent to its service area. The plan shall include the maximum generating capacity that each potential CREZ can reasonably accommodate; identify the transmission improvements needed to provide service to each CREZ; and include the cost of the improvements and a timetable for complying with all applicable federal transmission tariff requirements.(c) Level of financial commitment by generators for designating a CREZ.(1) A renewable energy developer's existing renewable energy resources, and pending or signed IAs for planned renewable energy resources, leasing agreements with landowners in a proposed CREZ, and letters of credit representing dollars per MW of proposed renewable generation resources, posted with ERCOT, that the developer intends to install and the area of interest are examples of financial commitment by developers to a CREZ. The commission may also consider projects for which a TSP, ERCOT, or another independent system operator is conducting an interconnection study; and any other factors for which parties have provided evidence as indications of financial commitment.(2) A non-utility entity's commitment to build and own transmission facilities dedicated to delivering the output of renewable energy resources in a proposed CREZ to the transmission system of a TSP in Texas or a deposit or payment to secure or fund the construction of such transmission facilities by an electric utility or a transmission utility to deliver the output of a renewable generation project in Texas is an indication of the entity's financial commitment to a CREZ.(d) Plan to develop transmission capacity.(1) After the issuance of a final order in accordance with subsection (b)(5) of this section, entities interested in constructing the transmission improvements shall submit expressions of interest to the commission. The commission shall select the entity or entities responsible for constructing the transmission improvements, establish a schedule by which the improvements shall be completed, and specify any additional reporting requirements or other measures deemed appropriate by the commission to ensure that entities complete the ordered improvements in a timely manner.(2) The commission shall develop a plan to construct transmission capacity necessary to deliver to electric customers, in a manner that is most beneficial and cost-effective to the customers, the electric output from renewable energy technologies in the CREZ.(3) In developing the transmission capacity plan, the commission may consider:(A) the estimated cost of constructing transmission capacity necessary to deliver to electric customers the electric output from renewable energy resources in the candidate zone;(B) the estimated cost of additional ancillary services; and(C) any other factors considered appropriate by the commission as provided by PURA.(e) Certificates of convenience and necessity.(1) Not later than three years after a commission final order designating a CREZ, each TSP selected to build and own transmission facilities for that CREZ shall file all required CREZ CCN applications. The commission may grant an extension to this deadline for good cause. The commission may establish a filing schedule for the CCN applications.(2) A CCN application for a transmission project intended to serve a CREZ, except an application filed pursuant to paragraph (1) of this subsection or subsection (a) of this section, shall address all the criteria in PURA §37.056, including the criteria in PURA §37.056(c)(1) and (2).(3) In determining whether financial commitment for a CREZ is sufficient under PURA §39.904(g)(3) to grant CCNs for transmission facilities for the CREZ, the commission shall consider the following evidence of financial commitment by renewable generators:(A) capacity represented by installed generation located in one or more of the counties that lie in whole or in part within the CREZ;(B) capacity represented by generation projects under construction that are located in one or more of the counties that lie in whole or in part within the CREZ and that will be operational within six months of the final order in a financial commitment proceeding. Evidence that the project will be operational within six months may include documentation showing that a construction contractor has been hired, that preliminary site work has begun, that the project financing has closed, or similar indicators of the status of the project;(C) capacity represented by planned generation projects that are located in one or more of the counties that lie in whole or in part within the CREZ and that have a signed IA with a TSP that has been defined in subsection (a)(2)(E) of this section designated to build and own transmission facilities for that CREZ; and(D) capacity represented by collateral posted by generators for the CREZ that complies with paragraph (7) of this subsection.(4) Financial commitment for a CREZ is sufficient under PURA §39.904(g)(3) to grant CCNs for transmission facilities for the CREZ if the sum of the renewable generating capacity under any combination of paragraph (3)(A), (B), (C), and (D) of this subsection is at least 50% of the designated generating capacity for the CREZ. Fifty percent of the designated generating capacity for the Panhandle A CREZ approved by the commission in Docket Number 33672 shall be considered to be 1,595.5 MW. Fifty percent of the designated generating capacity for the Panhandle B CREZ approved by the commission in Docket Number 33672 shall be considered to be 1,196.5 MW.(5) Installed renewable generation, renewable generation projects under construction, and planned renewable generation projects with signed IAs in the McCamey, Central, and Central West CREZs approved by the commission in Docket Number 33672 satisfy the financial commitment test set forth in paragraph (4) of this subsection for those CREZs and therefore financial commitment by renewable generators for those CREZs is sufficient under PURA §39.904(g)(3) to grant CCNs for transmission facilities for those CREZs. This finding of sufficient financial commitment shall be recognized in the CCN proceedings for transmission facilities for those CREZs and shall not be addressed further in those proceedings.(6) Commission staff shall initiate a single proceeding for the commission to determine whether there is sufficient financial commitment under PURA §39.904(g)(3) by renewable generators for the Panhandle A and Panhandle B CREZs approved by the commission in Docket Number 33672 to grant CCNs for transmission facilities for those CREZs. If the commission determines that there is sufficient financial commitment for one of those CREZs, that finding shall be recognized in the CCN proceedings for transmission facilities for that CREZ, as identified in the commission's order in the proceeding initiated pursuant to this paragraph, and shall not be addressed further in the CCN proceedings. If the commission determines that the Panhandle A or Panhandle B CREZ does not satisfy the financial commitment test in paragraph (4) of this subsection, the commission may:(A) consider other evidence of financial commitment that the commission finds relevant under PURA §39.904(g)(3);(B) find that the financial commitment requirement for that CREZ has been met if the commission determines that significant financial commitment exists in that CREZ and that the CREZ is sufficiently interrelated with a CREZ that has satisfied the financial commitment test;(C) delay the filing of CREZ CCN applications for that CREZ until the commission conducts a subsequent proceeding in which it finds sufficient financial commitment for that CREZ in accordance with the financial commitment provisions of this subsection; or(D) take other appropriate action.(7) A renewable generator that elects to post collateral pursuant to paragraph (3)(D) of this subsection shall comply with the following requirements:(A) The renewable generator shall provide a letter of intent to post collateral in a proceeding conducted pursuant to paragraph (6) of this subsection. The renewable generator shall then post the collateral no later than 30 days after the commission issues an interim order finding sufficient financial commitment by renewable generators for the CREZ. If the renewable generators post sufficient collateral, the commission may enter a final order with findings that reflect the adequacy of the financial commitment for the CREZ. If the renewable generators do not post sufficient collateral, the commission may enter a final order with findings that reflect the inadequacy of the financial commitments for the CREZ.(B) A renewable generator shall post collateral equal to $15,350 per MW of its planned project capacity, or $10,000 per MW if the capacity is supported by leasing agreements with landowners that convey a right or option for a period of at least 20 years to develop and operate a renewable energy project based on a conversion factor of 60 acres per MW for a wind energy project.(C) A renewable generator planning to build a project in a CREZ shall post collateral with the TSP with which it will interconnect in the CREZ or, if the TSP with which it will interconnect has not been determined, with any TSP that has been designated to build and own transmission facilities for that CREZ.(D) A renewable generator may post collateral by providing a cash deposit, letter of credit, or guaranty agreement from an entity with an investment-grade credit rating. A TSP shall require a renewable generator that posts a guaranty agreement to provide another form of collateral if the guarantor loses its investment-grade credit rating or declares bankruptcy. If the renewable generator does not provide another form of collateral, the commission may take appropriate action including seeking administrative penalties.(8) A TSP that receives collateral from a renewable generator pursuant to paragraph (7) of this subsection shall handle that collateral in accordance with the following provisions.(A) If a renewable generator signs an IA with the TSP and posts any collateral required by the TSP to secure the construction of collection facilities, the TSP shall return to the generator all collateral received from that generator.(B) If a renewable generator does not sign an IA with the TSP and post any collateral required by the TSP to secure the construction of collection facilities within 90 days after the TSP notifies it that the transmission system is capable of accommodating the renewable generator's renewable energy facility, the TSP shall retain the collateral received from the generator as an offset to the cost of the transmission facilities the TSP constructs for the CREZ and shall take all reasonable measures to execute any non-cash collateral.(9) In a CREZ CCN application, a TSP may propose modifications to the transmission facilities described in a CREZ order if such improvements would reduce the cost of transmission or increase the amount of generating capacity that transmission improvements for the CREZ can accommodate. The commission may direct ERCOT to review modifications proposed by the TSP.(10) Findings in Docket Numbers 33672, 35665, and 36146 and the commission's finding in paragraph (5) of this subsection establish that the level of financial commitment is sufficient under PURA §39.904(g)(3) to grant CCNs for transmission facilities designated as a Default Project in ordering paragraph 1 of the Order in Docket Number 36146 and for transmission facilities designated as a Priority Project in finding of fact 136 in the Order on Rehearing in Docket Number 33672. This finding of sufficient financial commitment shall be recognized in all pending and future CCN proceedings for Default and Priority Projects and shall not be addressed further in those proceedings.(f) Excess development in a CREZ. If the aggregate level of renewable energy capacity for which transmission service is requested for a CREZ exceeds the maximum level of renewable capacity specified in the CREZ order, and if the commission determines that the security constrained economic dispatch mechanism used in the power region to establish a priority in the dispatch of CREZ resources is insufficient to resolve the congestion caused by excess development, the commission may initiate a proceeding and may consider limiting interconnection to and/or establishing dispatch priorities regarding the transmission system in the CREZ, and identifying the developers whose projects may interconnect to the transmission system in the CREZ under special protection schemes.", "sourceNote": "Source Note: The provisions of this §25.174 adopted to be effective January 4, 2007, 31 TexReg 10783; amended to be effective November 4, 2009, 34 TexReg 7629; amended to be effective July 5, 2016, 41 TexReg 4805." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227103", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "ELECTRICAL PLANNING" }, "rule": { "number": "§25.181", "label": "Energy Efficiency Goal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227104", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to ensure that:(1) electric utilities administer energy efficiency incentive programs in a market-neutral, nondiscriminatory manner and do not offer competitive services, except as permitted in §25.343 of this title (relating to Competitive Energy Services) or this section;(2) all customers, in all eligible customer classes and all areas of an electric utility's service area, have a choice of and access to the utility's portfolio of energy efficiency programs that allow each customer to reduce energy consumption, summer and winter peak demand, or energy costs; and (3) each electric utility annually provides, through market-based standard offer programs, targeted market-transformation programs, or utility self-delivered programs, program incentive payments sufficient for residential and commercial customers, retail electric providers, and energy efficiency service providers to acquire additional cost-effective energy efficiency, subject to EECRF caps established in §25.182(d)(7) of this title (relating to Energy Efficiency Cost Recovery Factor), for the utility to achieve the goals in subsection (e) of this section.(b) Application. This section applies to electric utilities and the Electric Reliability Council of Texas, Inc. (ERCOT).(c) Definitions. The following terms, when used in this section and in §25.182 of this title, have the following meanings unless the context indicates otherwise:(1) Affiliate --(A) A person who directly or indirectly owns or holds at least 5.0% of the voting securities of an energy efficiency service provider;(B) A person in a chain of successive ownership of at least 5.0% of the voting securities of an energy efficiency service provider;(C) A corporation that has at least 5.0% of its voting securities owned or controlled, directly or indirectly, by an energy efficiency service provider;(D) A corporation that has at least 5.0% of its voting securities owned or controlled, directly or indirectly, by:(i) a person who directly or indirectly owns or controls at least 5.0% of the voting securities of an energy efficiency service provider; or(ii) a person in a chain of successive ownership of at least 5.0% of the voting securities of an energy efficiency service provider; or(E) A person who is an officer or director of an energy efficiency service provider or of a corporation in a chain of successive ownership of at least 5.0% of the voting securities of an energy efficiency service provider;(F) A person who actually exercises substantial influence or control over the policies and actions of an energy efficiency service provider;(G) A person over which the energy efficiency service provider exercises the control described in subparagraph (F) of this paragraph;(H) A person who exercises common control over an energy efficiency service provider, where \"exercising common control over an energy efficiency service provider\" means having the power, either directly or indirectly, to direct or cause the direction of the management or policies of an energy efficiency service provider, without regard to whether that power is established through ownership or voting of securities or any other direct or indirect means; or(I) A person who, together with one or more persons with whom the person is related by ownership, marriage or blood relationship, or by action in concert, actually exercises substantial influence over the policies and actions of an energy efficiency service provider even though neither person may qualify as an affiliate individually.(2) Baseline--A relevant condition that would have existed in the absence of the energy efficiency project or program being implemented, including energy consumption that would have occurred. Baselines are used to calculate program-related demand and energy savings. Baselines can be defined as either project-specific baselines or performance standard baselines (e.g., building codes). (3) Claimed savings--Values reported by an electric utility after the energy efficiency activities have been completed, but prior to the time an independent, third-party evaluation of the savings is performed. As with projected savings estimates, these values may utilize results of prior evaluations or values in technical reference manuals. However, they are adjusted from projected savings estimates by correcting for any known data errors and actual installation rates and may also be adjusted with revised values for factors such as per-unit savings values, operating hours, and savings persistence rates. Can be indicated as first year, annual demand or energy savings, or lifetime energy or demand savings values. Can be indicated as gross savings or net savings values.(4) Commercial customer--A non-residential customer taking service at a point of delivery at a distribution voltage under an electric utility's tariff during the prior program year or a non-profit customer or government entity, including an educational institution. For purposes of this section, each point of delivery must be considered a separate customer.(5) Conservation load factor--The ratio of the annual energy savings goal, in kilowatt hours (kWh), to the peak demand goal for the year, measured in kilowatts (kW) and multiplied by the number of hours in the year. (6) Deemed savings calculation--An industry-wide engineering algorithm used to calculate energy or demand savings of the installed energy efficiency measure that has been developed from common practice that is widely considered acceptable for the measure and purpose, and is applicable to the situation being evaluated. May include stipulated assumptions for one or more parameters in the algorithm, but typically requires some data associated with actual installed measure. An electric utility may use the calculation with documented measure-specific assumptions, instead of energy and peak demand savings determined through measurement and verification activities or the use of deemed savings.(7) Deemed savings value--An estimate of energy or demand savings for a single unit of an installed energy efficiency measure that has been developed from data sources and analytical methods that are widely considered acceptable for the measure and purpose, and is applicable to the situation being evaluated. An electric utility may use deemed savings values instead of energy or peak demand savings determined through measurement and verification activities.(8) Eligible customers--Residential and commercial customers. In addition, to the extent that they meet the criteria for participation in load management standard offer programs developed for industrial customers and implemented prior to May 1, 2007, industrial customers are eligible customers solely for the purpose of participating in such programs.(9) Energy efficiency program--The aggregate of the energy efficiency activities carried out by an electric utility under this section or a set of energy efficiency projects carried out by an electric utility under the same name and operating rules.(10) Energy efficiency service provider- A person or other entity that installs energy efficiency measures or performs other energy efficiency services under this section. An energy efficiency service provider may be a retail electric provider or commercial customer, provided that the commercial customer has a peak load equal to or greater than 50 kW. An energy efficiency service provider may also be a governmental entity or a non-profit organization, but may not be an electric utility.(11) Estimated useful life (EUL)--The number of years until 50% of installed measures are still operable and providing savings, and is used interchangeably with the term \"measure life\". The EUL determines the period of time over which the benefits of the energy efficiency measure are expected to accrue.(12) Evaluated savings--Savings estimates reported by the evaluation, measurement and verification (EM&V) contractor after the energy efficiency activities and an impact evaluation have been completed. Differs from claimed savings in that the EM&V contractor has conducted some of the evaluation or verification activities. These values may rely on claimed savings for factors such as installation rates and the Technical Reference Manual for values such as per unit savings values and operating hours. These savings estimates may also include adjustments to claimed savings for data errors, per unit savings values, operating hours, installation rates, savings persistence rates, or other considerations. Can be indicated as first year, annual demand or energy savings, or lifetime energy or demand savings values. Can be indicated as gross savings or net savings values.(13) Evaluation--The conduct of any of a wide range of assessment studies and other activities aimed at determining the effects of a program; or aimed at understanding or documenting program performance, program or program-related markets and market operations, program-induced changes in energy efficiency markets, levels of demand or energy savings, or program cost-effectiveness. Market assessment, monitoring, and evaluation, and measurement and verification (M&V) are aspects of evaluation.(14) Free driver--Customers who do not directly participate in an energy efficiency program, but who undertake energy efficiency actions in response to program activity.(15) Free rider--A program participant who would have implemented the program measure or practice in the absence of the program. Free riders can be total, in which the participant's activity would have completely replicated the program measure; partial, in which the participant's activity would have partially replicated the program measure; or deferred, in which the participant's activity would have completely replicated the program measure, but at a time after the time the program measure was implemented.(16) Growth in demand--The annual increase in demand in the Texas portion of an electric utility's service area at time of peak demand, as measured in accordance with this section. (17) Gross savings--The change in energy consumption or demand that results directly from program-related actions taken by participants in an efficiency program, regardless of why they participated. (18) Hard-to-reach- A customer that meets one of the following criteria:(A) is located in a county, city, or unincorporated area with fewer than 2,000 housing units or a total population of 5,000 or less; or(B) is a residential or commercial customer that the utility has been unable to serve in at least one of the past five years due to lack of available energy efficiency contractors or energy efficiency service providers--the commercial customer must have a peak load less than 50 kW, not be a government entity, and not be a subsidiary of a corporation; or(C) has a low income as defined in (25) of this subsection. (19) Impact evaluation--An evaluation of the program-specific, directly induced changes (e.g., energy or demand reduction) attributable to an energy efficiency program.(20) Industrial customer--A for-profit entity engaged in an industrial process taking electric service at transmission voltage, or a for-profit entity engaged in an industrial process taking electric service at distribution voltage that qualifies for a tax exemption under Tax Code §151.317 and has submitted an identification notice under subsection (u) of this section.(21) Inspection--Examination of a project to verify that an energy efficiency measure has been installed, is capable of performing its intended function, and is producing an energy savings or demand reduction equivalent to the energy savings or demand reduction reported towards meeting the energy efficiency goals of this section.(22) Installation rate--The percentage of measures that receive a program incentive payment under an energy efficiency program that are actually installed in a defined period of time. The installation rate is calculated by dividing the number of measures installed by the number of measures that receive a program incentive payment under an efficiency program in a defined period of time.(23) Lifetime energy (demand) savings--The energy (demand) savings over the lifetime of an installed measure, project, or program. May include consideration of measure estimated useful life, technical degradation, and other factors. Can be gross or net savings.(24) Load management--Activities that result in a reduction in peak demand, or a shifting of energy usage from a peak to an off-peak period or from high-price periods to lower price periods.(25) Low-income--A customer who:(A) meets the criteria for \"low-income\" as determined by the United States Department of Housing and Urban Development (HUD) or the United States Department of Health and Human Services (HHS) (i.e., resides in a household with an income level at or under 80% of the area median income based on family size, as calculated by HUD, or resides in a household with an income at or under 200% of the federal poverty guidelines based on family size, as calculated by HHS); or(B) resides in a household in which at least one person receives economic assistance through a program listed in the Texas technical reference manual for the applicable program year; or(C) resides in a HUD-designated low-income housing qualifying census tract or census block.(26) Market transformation program--Strategic programs intended to induce lasting structural or behavioral changes in the market that result in increased adoption of energy efficient technologies, services, and practices, as described in this section.(27) Measurement and verification (M&V)--A subset of program impact evaluation that is associated with the documentation of energy or demand savings at individual sites or projects using one or more methods that can involve measurements, engineering calculations, statistical analyses, or computer simulation modeling. M&V approaches are defined in the International Performance Measurement and Verification Protocol.(28) Net savings--The total change in load that is attributable to an energy efficiency program. This change in energy or demand use must include, implicitly or explicitly, consideration of appropriate factors. These factors may include free ridership, participant and non-participant spillover, induced market effects, changes in the level of energy service, or other non-program causes of changes in energy use or demand.(29) Non-participant spillover--Energy savings that occur when a program non-participant installs energy efficiency measures or applies energy savings practices as a result of a program's influence. (30) Off-peak period--Period during which the demand on an electric utility system is not at or near its maximum. For the purpose of this section, the off-peak period includes all hours that are not in the peak period. (31) Participant spillover--The additional energy savings that occur when a program participant independently installs incremental energy efficiency measures or applies energy savings practices after having participated in the efficiency program as a result of the program's influence. (32) Peak demand--A distribution utility's highest annual retail demand at the source, used to determine the utility's annual energy efficiency goal. (33) Peak period--For the purpose of this section, the peak period consists of the hours from one p.m. to seven p.m. during the months of June, July, August, and September, and the hours of six a.m. to ten a.m. and six p.m. to ten p.m. during the months of December, January, and February.(34) Program incentive payment--Payment made by a utility to an energy efficiency service provider, an end-use customer, or third-party contractor to implement or attract customers to energy efficiency programs, including standard offer, market transformation and self-delivered programs.(35) Program year--A year in which an energy efficiency incentive program is implemented, beginning January 1 and ending December 31.(36) Projected savings--Estimated program demand reduction or energy savings reported by an electric utility for planning purposes. (37) Self-delivered program--A program developed by a utility in an area in which customer choice is not offered that provides incentives directly to customers. The utility may use internal or external resources to design and administer the program.(38) Spillover--Reductions in energy consumption or demand caused by the presence of an energy efficiency program, beyond the program-related gross savings of the participants and without financial or technical assistance from the program. There can be participant or non-participant spillover.(39) Spillover rate--Estimate of energy savings attributable to spillover expressed as a percent of savings installed by participants through an energy efficiency program.(40) Standard offer contract--A contract between an energy efficiency service provider and a participating utility or between a participating utility and a commercial customer specifying standard payments based upon the amount of energy and peak demand savings achieved through energy efficiency measures, the measurement and verification protocols, and other terms and conditions, consistent with this section.(41) Standard offer program--A program under which a utility administers standard offer contracts between the utility and energy efficiency service providers.(42) Technical reference manual (TRM)--A resource document compiled by the commission's EM&V contractor that includes information used in program planning and reporting of energy efficiency programs. It can include savings values for measures, engineering algorithms to calculate savings, impact factors to be applied to calculated savings (e.g., net-to-gross values), protocols, source documentation, specified assumptions, and other relevant material to support the calculation of measure and program savings.(43) Verification--An independent assessment that a program has been implemented in accordance with the program design. The objectives of measure installation verification are to confirm the installation rate, that the installation meets reasonable quality standards, and that the measures are operating correctly and have the potential to generate the predicted savings. Verification activities are generally conducted during on-site surveys of a sample of projects. Project site inspections, participant phone and mail surveys or implementer and participant documentation review are typical activities associated with verification. Verification is also a subset of evaluation.(d) Cost-effectiveness standard. An energy efficiency program is deemed to be cost-effective if the cost of the program to the utility is less than or equal to the benefits of the program. Utilities are encouraged to achieve demand reduction and energy savings through a portfolio of cost-effective programs that exceed each utility's energy efficiency goals while staying within the cost caps established in §25.182(d)(7) of this title.(1) The cost of a program includes the cost of program incentive payments, EM&V contractor costs, utility incentive, and actual or allocated research and development and administrative costs. The benefits of the program consist of the value of the demand reductions and energy savings, measured in accordance with the avoided costs prescribed in this subsection. The present value of the program benefits must be calculated over the projected life of the measures installed or implemented under the program.(2) The avoided cost of capacity must be established in accordance with this paragraph.(A) By November 1 of each year, commission staff must file the avoided cost of capacity for the upcoming year, including supporting data, in the commission's central records under the control number for the energy efficiency implementation project.(i) Staff must calculate the avoided cost of capacity from the base overnight cost using the lower of a new conventional combustion turbine or a new advanced combustion turbine, as reported by the United States Department of Energy's Energy Information Administration's (EIA) Cost and Performance Characteristics of New Central Station Electricity Generating Technologies associated with EIA's Annual Energy Outlook. If EIA cost data that reflects current conditions in the industry does not exist, staff may establish an avoided cost of capacity using another data source.(ii) If the EIA base overnight cost of a new conventional or an advanced combustion turbine, whichever is lower, is less than $700 per kW, the avoided cost of capacity will be $80 per kW-year. If the base overnight cost of a new conventional or advanced combustion turbine, whichever is lower, is at or between $700 and $1,000 per kW, the avoided cost of capacity will be $100 per kW-year. If the base overnight cost of a new conventional or advanced combustion turbine, whichever is lower, is greater than $1,000 per kW, the avoided cost of capacity will be $120 per kW-year.(iii) The avoided cost of capacity calculated by staff may be challenged only by the filing of a petition within 45 days of the date the avoided cost of capacity is filed in the commission's central records under the control number for the energy efficiency implementation project described by paragraph (2)(A) of this subsection. The petition must clearly describe the reasons commission's staff's avoided cost calculation is incorrect, include supporting data and calculations, and state the relief sought.(B) A utility in an area in which customer choice is not offered may petition the commission for authorization to use an avoided cost of capacity different from the avoided cost determined according to subparagraph (A) of this paragraph by filing a petition no later than 45 days after the date the avoided cost of capacity calculated by staff is filed in the commission's central records under the control number for the energy efficiency implementation project described by paragraph (2)(A) of this subsection. The petition must clearly describe the reasons a different avoided cost should be used, include supporting data and calculations, and state the relief sought. The avoided cost of capacity proposed by the utility must be based on a generating resource or purchase in the utility's resource acquisition plan and the terms of the purchase or the cost of the resource must be disclosed in the filing.(3) The avoided cost of energy must be established in accordance with this paragraph.(A) By April 1 of each year, ERCOT must file its calculation of the avoided cost of energy for the upcoming calendar year for the ERCOT region under the control number for the energy efficiency implementation project. ERCOT must calculate the avoided cost of energy by determining the load-weighted average of the competitive load zone settlement point prices for the peak periods covering the seven previous winter and summer peaks, except for the winter peak period from December 2020 through February 2021. The avoided cost of energy calculated by ERCOT may be challenged only by the filing of a petition within 45 days of the date the avoided cost of capacity is filed by ERCOT in the commission's central records under the control number for the energy efficiency implementation project described by paragraph (2)(A) of this subsection. The petition must clearly describe the reasons ERCOT's avoided cost of energy calculation is incorrect, include supporting data and calculations, and state the relief sought.(B) A utility in an area in which customer choice is not offered may petition the commission for authorization to use an avoided cost of energy other than that otherwise determined according to this paragraph. The avoided cost of energy may be based on peak period energy prices in an energy market operated by a regional transmission organization if the utility participates in that market and the prices are reported publicly. If the utility does not participate in such a market, the avoided cost of energy may be based on the expected heat rate of the gas-turbine generating technology specified in this subsection, multiplied by a publicly reported cost of natural gas.(e) Annual energy efficiency goals.(1) An electric utility must administer a portfolio of energy efficiency programs to acquire, at a minimum, the following:(A) Until the trigger described in subparagraph (B) of this paragraph is reached, the utility must acquire a 30% reduction of its annual growth in demand of residential and commercial customers.(B) If the demand reduction goal to be acquired by a utility under subparagraph (A) of this paragraph is equivalent to at least four-tenths of 1% of its summer weather-adjusted peak demand for the combined residential and commercial customers for the previous program year, the utility must meet the energy efficiency goal described in subparagraph (C) of this paragraph for each subsequent program year.(C) Once the trigger described in subparagraph (B) of this paragraph is reached, the utility must acquire four-tenths of 1% of its summer weather-adjusted peak demand for the combined residential and commercial customers for the previous program year. (D) Except as adjusted in accordance with subsection (u) of this section, a utility's demand reduction goal in any year must not be lower than its goal for the prior year, unless the commission establishes a goal for a utility under paragraph (2) of this subsection.(2) The commission may establish for a utility a lower goal than the goal specified in paragraph (1) of this subsection, a higher administrative spending cap than the cap specified under subsection (g) of this section, or an EECRF greater than the cap specified in §25.182(d)(7) of this title if the utility demonstrates that compliance with that goal, administrative spending cap, or EECRF cost cap is not reasonably possible and that good cause supports the lower goal, higher administrative spending cap, or higher EECRF cost cap. To be eligible for a lower goal, higher administrative spending cap, or a higher EECRF cost cap, the utility must request a good cause exception as part of its EECRF application under §25.182 of this title. If approved, the good cause exception is limited to the program year associated with the EECRF application.(3) Each utility's demand-reduction goal must be calculated as follows:(A) Each year's historical demand for residential and commercial customers must be adjusted for weather fluctuations, using weather data for the most recent ten years. The utility's growth in residential and commercial demand is based on the average growth in retail load in the Texas portion of the utility's service area, measured at the utility's annual system peak. The utility must calculate the average growth rate for the prior five years.(B) The demand goal for energy-efficiency savings for a year under paragraph (1)(A) of this subsection is calculated by applying the percentage goal to the average growth in peak demand, calculated in accordance with subparagraph (A) of this paragraph. The annual demand goal for energy efficiency savings under paragraph (1)(C) of this subsection is calculated by applying the percentage goal to the utility's summer weather-adjusted five-year average peak demand for the combined residential and commercial customers. This annual peak demand goal at the source is then converted to an equivalent goal at the meter by applying reasonable line loss factors.(C) A utility may submit for commission approval an alternative method to calculate its growth in demand, for good cause. (D) If a utility's prior five-year average load growth, calculated under subparagraph (A) of this paragraph, is negative, the utility must use the demand reduction goal calculated using the alternative method approved by the commission beginning with the 2013 program year or, if the commission has not approved an alternative method, the utility must use the previous year's demand reduction goal.(E) A utility must not claim savings obtained from energy efficiency measures funded through settlement orders or count towards the utility incentive any savings obtained from grant funds that have been awarded directly to the utility for energy efficiency programs.(F) Demand reduction achieved through programs for hard-to-reach customers must be no less than 5.0% of the utility's total demand reduction goal. (G) Utilities may apply demand reduction and energy savings on a per project basis to summer or winter peak, but not to both summer and winter peaks.(4) An electric utility must administer a portfolio of energy efficiency programs designed to meet an energy savings goal calculated from its demand savings goal, using a 20% conservation load factor.(5) Electric utilities must administer a portfolio of energy efficiency programs to effectively and efficiently achieve the goals set out in this section.(A) Program incentive payments may be made under standard offer contracts, market transformation contracts, or as part of a self-delivered program for energy savings and demand reductions. Each electric utility must establish standard program incentive payments to achieve the objectives of this section.(B) Projects or measures under a standard offer, market transformation, or self-delivered program are not eligible for program incentive payments or compensation if:(i) A project would achieve demand or energy reduction by eliminating an existing function, shutting down a facility or operation, or would result in building vacancies or the re-location of existing operations to a location outside of the area served by the utility conducting the program, except for an appliance recycling program consistent with this section.(ii) A measure would be adopted even in the absence of the energy efficiency service provider's proposed energy efficiency project, except in special cases, such as hard-to-reach and weatherization programs, or where free riders are accounted for using a net to gross adjustment of the avoided costs, or another method that achieves the same result. (iii) A project results in negative environmental or health effects, including effects that result from improper disposal of equipment and materials. (C) Ineligibility under subparagraph (B) of this paragraph does not apply to standard offer, market transformation, and self-delivered programs aimed at energy code adoption, implementation, compliance, and enforcement under subsection (k) of this section, nor does it preclude standard offer, market transformation, or self-delivered programs promoting energy efficiency measures also required by energy codes to the degree such codes do not achieve full compliance rates.(D) A utility in an area in which customer choice is not offered may achieve the goals of paragraphs (1) and (2) of this subsection by: (i) providing a rebate or program incentive payment directly to eligible residential and commercial customers for programs implemented under this section; or(ii) developing, subject to commission approval, new programs other than standard offer programs and market transformation programs, to the extent that the new programs satisfy the same cost-effectiveness standard as standard offer programs and market transformation programs using the process outlined in subsection (q) of this section.(E) For a utility in an area in which customer choice is offered, the utility may achieve the goal of this section in rural areas by providing a rebate or program incentive payment directly to customers after demonstrating to the commission in a contested case hearing that the goal requirement cannot be met through the implementation of programs by retail electric providers or energy efficiency service providers in the rural areas.(f) Program incentive payments. The program incentive payments for each customer class must not exceed 100% of avoided cost, as determined in accordance with this section. The program incentive payments must be set by each utility with the objective of achieving its energy and demand savings goals at the lowest reasonable cost per program. Different program incentive levels may be established for areas that have historically been underserved by the utility's energy efficiency programs or for other appropriate reasons. Utilities may adjust program incentive payments during the program year, but such adjustments must be clearly publicized in the materials used by the utility to set out the program rules and describe the programs to participating energy efficiency service providers.(g) Utility administration. The cost of administration in a program year must not exceed 15% of a utility's total program costs for that program year. The cost of research and development in a program year must not exceed 10% of a utility's total program costs for that program year. The cumulative cost of administration and research and development must not exceed 20% of a utility's total program costs, unless a good cause exception filed under subsection (e)(2) of this section is granted. Any portion of these costs that is not directly assignable to a specific program must be allocated among the programs in proportion to the program incentive costs. Any utility incentive awarded by the commission must not be included in program costs for the purpose of applying these limits.(1) Administrative costs include all reasonable and necessary costs incurred by a utility in carrying out its responsibilities under this section, including:(A) conducting informational activities designed to explain the standard offer programs and market transformation programs to energy efficiency service providers, retail electric providers, and vendors;(B) for a utility offering self-delivered programs, internal utility costs to conduct outreach activities to customers and energy efficiency service providers will be considered administration; (C) providing informational programs to improve customer awareness of energy efficiency programs and measures;(D) reviewing and selecting energy efficiency programs in accordance with this section;(E) providing regular and special reports to the commission, including reports of energy and demand savings; (F) a utility's costs for an EECRF proceeding conducted under §25.182(d) of this title;(G) the costs paid by a utility pursuant to PURA §33.023(b) for an EECRF proceeding conducted under §25.182(d) of this title; however, these costs are not included in the administrative caps applied in this paragraph; and (H) any other activities that are necessary and appropriate for successful program implementation.(2) A utility must adopt measures to foster competition among energy efficiency service providers for standard offer, market transformation, and self-delivered programs, such as limiting the number of projects or level of program incentive payments that a single energy efficiency service provider and its affiliates is eligible for and establishing funding set-asides for small projects.(3) A utility may establish funding set-asides or other program rules to foster participation in energy efficiency programs by municipalities and other governmental entities.(4) Electric utilities offering standard offer, market transformation, and self-delivered programs must use standardized forms, procedures, and program templates. The electric utility must file any standardized materials, or any change to it, with the commission at least 60 days prior to its use. In filing such materials, the utility must provide an explanation of changes from the version of the materials that was previously used. For standard offer, market transformation, and self-delivered programs, the utility must provide relevant documents to retail electric providers and energy efficiency service providers and work collaboratively with them when it changes program documents, to the extent that such changes are not considered in the energy efficiency implementation project described in subsection (q) of this section.(5) Each electric utility in an area in which customer choice is offered must conduct programs to encourage and facilitate the participation of retail electric providers and energy efficiency service providers in the delivery of efficiency and demand response programs, including:(A) Coordinating program rules, contracts, and program incentive payments to facilitate the statewide marketing and delivery of the same or similar programs by retail electric providers;(B) Setting aside amounts for programs to be delivered to customers by retail electric providers and establishing program rules and schedules that will give retail electric providers sufficient time to plan, advertise, and conduct energy efficiency programs, while preserving the utility's ability to meet the goals in this section; and(C) Working with retail electric providers and energy efficiency service providers to evaluate the demand reductions and energy savings resulting from time-of-use prices; home-area network devices, such as in-home displays; and other programs facilitated by advanced meters to determine the demand and energy savings from such programs.(h) Standard offer programs. A utility's standard offer program must be implemented through program rules and standard offer contracts that are consistent with this section. Standard offer contracts will be available to any energy efficiency service provider that satisfies the contract requirements prescribed by the utility under this section and demonstrates that it is capable of managing energy efficiency projects under an electric utility's energy efficiency program.(i) Market transformation programs. Market transformation programs are strategic efforts, including, but not limited to, program incentive payments and education designed to reduce market barriers for energy efficient technologies and practices. Market transformation programs may be designed to obtain energy savings or peak demand reductions beyond savings that are reasonably expected to be achieved as a result of current compliance levels with existing building codes applicable to new buildings and equipment efficiency standards or standard offer programs. Market transformation programs may also be specifically designed to express support for early adoption, implementation, and enforcement of the most recent version of the International Energy Conservation Code for residential or commercial buildings by local jurisdictions, express support for more effective implementation and enforcement of the state energy code and compliance with the state energy code, and encourage utilization of the types of building components, products, and services required to comply with such energy codes. The existence of federal, state, or local governmental funding for, or encouragement to utilize, the types of building components, products, and services required to comply with such energy codes does not prevent utilities from offering programs to supplement governmental spending and encouragement. Utilities should cooperate with the retail electric providers, and, where possible, leverage existing industry-recognized programs that have the potential to reduce demand and energy consumption in Texas and consider statewide administration where appropriate. Market transformation programs may operate over a period of more than one year and may demonstrate cost-effectiveness over a period longer than one year.(j) Self-delivered programs. A utility may use internal or external resources to design, administer, and deliver self-delivered programs. The programs must be tailored to the unique characteristics of the utility's service area in order to attract customer and energy efficiency service provider participation. The programs must meet the same cost effectiveness requirements as standard offer and market transformation programs.(k) Requirements for standard offer, market transformation, and self-delivered programs. A utility's standard offer, market transformation, and self-delivered programs must meet the requirements of this subsection. A utility may conduct information and advertising campaigns to foster participation in standard offer, market transformation, and self-delivered programs.(1) Standard offer, market transformation, and self-delivered programs:(A) must describe the eligible customer classes and allocate funding among the classes on an equitable basis;(B) may offer standard program incentive payments and specify a schedule of payments that are sufficient to meet the goals of the program, which must be consistent with this section, or any revised payment formula adopted by the commission. The program incentive payments may include both payments for energy and demand savings, as appropriate;(C) must not permit the provision of any product, service, pricing benefit, or alternative terms or conditions to be conditioned upon the purchase of any other good or service from the utility, except that only customers taking transmission and distribution services from a utility can participate in its energy efficiency programs;(D) must provide for a complaint process that allows:(i) an energy efficiency service provider to file a complaint with the commission against a utility; and(ii) a customer to file a complaint with the utility against an energy efficiency service provider;(E) may permit the use of distributed renewable generation, geothermal, heat pump, solar water heater and combined heat and power technologies, involving installations of ten megawatts or less; (F) may factor in the estimated level of enforcement and compliance with existing energy codes in determining energy and peak demand savings; and(G) may require energy efficiency service providers to provide the following:(i) a description of how the value of any program incentive payment will be passed on to customers;(ii) evidence of experience and good credit rating;(iii) a list of references;(iv) all applicable licenses required under state law and local building codes;(v) evidence of all building permits required by governing jurisdictions; and(vi) evidence of all necessary insurance.(2) Standard offer and self-delivered programs:(A) must require energy efficiency service providers to identify peak demand and energy savings for each project in the proposals they submit to the utility;(B) must be neutral with respect to specific technologies, equipment, or fuels. Energy efficiency projects may lead to switching from electricity to another energy source, provided that the energy efficiency project results in overall lower energy costs, lower energy consumption, and the installation of high efficiency equipment. Utilities may not issue program incentive payments for a customer to switch from gas appliances to electric appliances except in connection with the installation of high efficiency combined heating and air conditioning systems;(C) must require that all projects result in a reduction in purchased energy consumption, or peak demand, or a reduction in energy costs for the end-use customer;(D) must encourage comprehensive projects incorporating more than one energy efficiency measure;(E) must be limited to projects that result in consistent and predictable energy or peak demand savings over an appropriate period of time based on the life of the measure; and(F) may permit a utility to use poor performance, including customer complaints, as a criterion to limit or disqualify an energy efficiency service provider or its affiliate from participating in a program.(3) A market transformation program must identify:(A) program goals;(B) market barriers the program is designed to overcome;(C) key intervention strategies for overcoming those barriers;(D) estimated costs and projected energy and capacity savings;(E) a baseline study that is appropriate in time and geographic region. In establishing a baseline, the study must consider the level of regional implementation and enforcement of any applicable energy code;(F) program implementation timeline and milestones;(G) a description of how the program will achieve the transition from extensive market intervention activities toward a largely self-sustaining market;(H) a method for measuring and verifying savings; and(I) the period over which savings must be considered to accrue, including a projected date by which the market will be sufficiently transformed so that the program should be discontinued.(4) A market transformation program must be designed to achieve energy or peak demand savings, or both, and lasting changes in the way energy efficient goods or services are distributed, purchased, installed, or used over a defined period of time. A utility must use fair competitive procedures to select energy efficiency service providers to conduct a market transformation program, and must include in its annual report the justification for the selection of an energy efficiency service provider to conduct a market transformation program on a sole-source basis.(5) A load-control standard-offer program must not permit an energy efficiency service provider to receive program incentive payments under the program for the same demand reduction benefit for which it is compensated under a capacity-based demand response program conducted by an independent organization, independent system operator, or regional transmission operator. The qualified scheduling entity representing an energy efficiency service provider is not prohibited from receiving revenues from energy sold in ERCOT markets in addition to any program incentive payment for demand reduction offered under a utility load-control standard offer program. (6) Utilities offering load management programs must work with ERCOT and energy efficiency service providers to identify eligible loads and must integrate such loads into the ERCOT markets to the extent feasible. Such integration must not preclude the continued operation of utility load management programs that cannot be feasibly integrated into the ERCOT markets or that continue to provide separate and distinct benefits. (l) Energy efficiency plans and reports (EEPR). Each electric utility must file by April 1 of each year an energy efficiency plan and report in a project annually designated for this purpose, as described in this subsection and §25.183(d) of this title. The plan and report must be filed as a searchable pdf document and in Excel format for all included tables, with formulas intact, according to the commission's file format standards in §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission). The utility's plan and report must include a completed attachment based on the commission-prescribed Excel template.(1) Each electric utility's energy efficiency plan and report must describe how the utility intends to achieve the goals set forth in this section and comply with the other requirements of this section. The plan and report must be based on program years. The plan and report must propose an annual budget sufficient to reach the goals specified in this section.(2) Each electric utility's plan and report must include:(A) the utility's total actual and weather-adjusted peak demand and actual and weather-adjusted peak demand for residential and commercial customers for the previous five years, measured at the source;(B) the demand goal calculated in accordance with this section for the current year and the following year, including documentation of the demand, weather adjustments, and the calculation of the goal;(C) the utility's customers' total actual and weather-adjusted energy consumption and actual and weather-adjusted energy consumption for residential and commercial customers for the previous five years;(D) the energy goal calculated in accordance with this section, including documentation of the energy consumption, weather adjustments, and the calculation of the goal;(E) a description of existing energy efficiency programs and an explanation of the extent to which these programs will be used to meet the utility's energy efficiency goals;(F) a description of each of the utility's energy efficiency programs that were not included in the previous year's plan, including measurement and verification plans if appropriate, and any baseline studies and research reports or analyses supporting the value of the new programs;(G) an estimate of the energy and peak demand savings to be obtained through each separate energy efficiency program;(H) a description of the customer classes targeted by the utility's energy efficiency programs, specifying the size of the hard-to-reach, residential, and commercial classes, and the methodology used for estimating the size of each customer class;(I) the proposed annual budget required to implement the utility's energy efficiency programs, broken out by program for each customer class, including hard-to-reach customers, and any set-asides or budget restrictions adopted or proposed in accordance with this section. The proposed budget must detail the program incentive payments and utility administrative costs, including specific items for research and information and outreach to energy efficiency service providers, and other major administrative costs, and the basis for estimating the proposed expenditures;(J) a discussion of the types of informational activities the utility plans to use to encourage participation by customers, energy efficiency service providers, and retail electric providers to participate in energy efficiency programs, including the manner in which the utility will provide notice of energy efficiency programs, and any other facts that may be considered when evaluating a program;(K) the utility's performance in achieving its energy goal and demand goal for the prior five years, as reported in annual energy efficiency reports filed in accordance with this section;(L) a comparison of projected savings (energy and demand), reported savings, and verified savings for each of the utility's energy efficiency programs for the prior two years;(M) a description of the results of any market transformation program, including a comparison of the baseline and actual results and any adjustments to the milestones for a market transformation program;(N) a description of self-delivered programs;(O) expenditures for the prior five years for energy and demand program incentive payments and program administration, by program and customer class;(P) funds that were committed but not spent during the prior year, by program;(Q) a comparison of actual and budgeted program costs, including an explanation of any increase or decreases of more than 10% in the cost of a program;(R) information relating to energy and demand savings achieved and the number of customers served by each program by customer class;(S) the utility's most recent EECRF, the revenue collected through the EECRF, the utility's forecasted annual energy efficiency program expenditures in excess of the actual energy efficiency revenues collected from base rates as described in §25.182(d)(2) of this title, and the control number under which the most recent EECRF was established;(T) the amount of any over- or under-recovery of energy efficiency program costs whether collected through base rates or the EECRF;(U) a list of any counties that in the prior year were under-served by the energy efficiency program;(V) a description of new or discontinued programs, including pilot programs that are planned to be continued as full programs. For programs that are to be introduced or pilot programs that are to be continued as full programs, the description must include the budget and projected demand and energy savings;(W) a link to the program manuals for the current program year; and(X) the calculations supporting the adjustments to restate the demand goal from the source to the meter and to restate the energy efficiency savings from the meter to the source.(m) Review of programs. Commission staff may initiate a proceeding to review a utility's energy efficiency programs. In addition, an interested entity may request that the commission initiate a proceeding to review a utility's energy efficiency programs.(n) Inspection, measurement and verification. Each standard offer, market transformation, and self-delivered program must include use of an industry-accepted evaluation or measurement and verification protocol, such as the International Performance Measurement and Verification Protocol or a protocol approved by the commission, to document and verify energy and peak demand savings to ensure that the goals of this section are achieved. A utility must not provide an energy efficiency service provider final compensation until the provider establishes that the work is complete and evaluation or measurement and verification in accordance with the protocol verifies that the savings will be achieved. However, a utility may provide an energy efficiency service provider that offers behavioral programs incremental compensation as work is performed. If inspection of one or more measures is a part of the protocol, a utility must not provide an energy efficiency service provider final compensation until the utility has conducted its inspection on at least a sample of measures and the inspections confirm that the work has been done. A utility must provide inspection reports to commission staff within 20 days of staff's request.(1) The energy efficiency service provider, or for self-delivered programs, the utility, is responsible for the determination and documentation of energy and peak demand savings using the approved evaluation and/or measurement and verification protocol, and may utilize the services of an independent third party for such purposes.(2) Commission-approved deemed energy and peak demand savings may be used in lieu of the energy efficiency service provider's measurement and verification, where applicable. The deemed savings approved by the commission before December 31, 2007 are continued in effect, unless superseded by commission action.(3) Where installed measures are employed, an energy efficiency service provider must verify that the measures contracted for were installed before final payment is made to the energy efficiency service provider, by obtaining the customer's signature certifying that the measures were installed, or by other reasonably reliable means approved by the utility.(4) For projects involving over 30 installations, a statistically significant sample of installations will be subject to on-site inspection in accordance with the protocol for the project to verify that measures are installed and capable of performing their intended function. Inspection must occur within 30 days of notification of measure installation.(5) Projects of less than 30 installations may be aggregated and a statistically significant sample of the aggregate installations will be subject to on-site inspection in accordance with the protocol for the projects to ensure that measures are installed and capable of performing their intended function. Inspection must occur within 30 days of notification of measure installation.(6) Where installed measures are employed, the sample size for on-site inspections may be adjusted for an energy efficiency service provider under a particular contract, based on the results of prior inspections.(o) Evaluation, measurement, and verification (EM&V). The following defines the evaluation, measurement, and verification (EM&V) framework. The goal of this framework is to ensure that the programs are evaluated, measured, and verified using a consistent process that allows for accurate estimation of energy and demand impacts. (1) EM&V objectives include: (A) Documenting the impacts of the utilities' individual energy efficiency and load management portfolios, comparing their performance with established goals, and determining cost-effectiveness; (B) Providing feedback for the commission, commission staff, utilities, and other stakeholders on program portfolio performance; and (C) Providing input into the utilities' and ERCOT's planning activities.(2) The principles that guide the EM&V activities in meeting the primary EM&V objectives are:(A) Evaluators follow ethical guidelines. (B) Important and relevant assumptions used by program planners and administrators are reviewed as part of the EM&V efforts. (C) All important and relevant EM&V assumptions and calculations are documented and the reliability of results is indicated in evaluation reports.(D) The majority of evaluation expenditures and efforts are in areas of greatest importance or uncertainty.(3) The commission must select an entity to act as the commission's EM&V contractor and conduct evaluation activities. The EM&V contractor must operate under the commission's supervision and oversight, and the EM&V contractor must offer independent analysis to the commission in order to assist in making decisions in the public interest. (A) Under the oversight of the commission staff and with the assistance of utilities and other parties, the EM&V contractor will evaluate specific programs and the portfolio of programs for each utility. (B) The EM&V contractor must have the authority to request data it considers necessary to fulfill its evaluation, measurements, and verification responsibilities from the utilities. A utility must make good faith efforts to provide complete, accurate, and timely responses to all EM&V contractor requests for documents, data, information and other materials. The commission may on its own volition or upon recommendation by staff require that a utility provide the EM&V contractor with specific information.(4) Evaluation activities will be conducted by the EM&V contractor to meet the evaluation objectives defined in this section. Activities must include, but are not limited to:(A) Providing appropriate planning documents.(B) Impact evaluations to determine and document appropriate metrics for each utility's individual evaluated programs and portfolio of all programs, annual portfolio evaluation reports, and additional reports and services as defined by commission staff to meet the EM&V objectives.(C) Preparation of a statewide technical reference manual (TRM), including updates to such manual as defined in this subsection.(5) The impact evaluation activities may include the use of one or more evaluation approaches. Evaluation activities may also include, or just include, verification activities on a census or sample of projects implemented by the utilities. Evaluations may also include the use of due-diligence on utility-provided documentation as well as surveys of program participants, non-participants, contractors, vendors, and other market actors.(6) The following apply to the development of a statewide TRM by the EM&V contractor.(A) The EM&V contractor must use existing Texas, or other state, deemed savings manual(s), protocols, and the work papers used to develop the values in the manual(s), as a foundation for developing the TRM. The TRM must include applicability requirements for each deemed savings value or deemed savings calculation. The TRM may also include standardized EM&V protocols for determining or verifying energy and demand savings for particular measures or programs. Utilities may apply TRM deemed savings values or deemed savings calculations to a measure or program if the applicability criteria are met.(B) The TRM must be reviewed by the EM&V contractor at least annually, under a schedule determined by commission staff, with the intention of preparing an updated TRM, if needed. In addition, any utility or other stakeholder may request additions to or modifications to the TRM at any time with the provision of documentation for the basis of such an addition or modification. At the discretion of commission staff, the EM&V contractor may review such documentation to prepare a recommendation with respect to the addition or modification.(C) Commission staff must approve any updated TRMs through the energy efficiency implementation project. The approval process for any TRM additions or modifications, not made during the regular review schedule determined by commission staff, must include a review by commission staff to determine if an addition or modification is appropriate before an annual update. TRM changes approved by staff may be challenged only by the filing of a petition within 45 days of the date that staff's approval is filed in the commission's central records under the control number for the energy efficiency implementation project described by subsection (d)(2)(A) of this section. The petition must clearly describe the reasons commission staff should not have approved the TRM changes, include supporting data and calculations, and state the relief sought.(D) Any changes to the TRM must be applied prospectively to programs offered in the appropriate program year.(E) The TRM must be publicly available.(F) Utilities must utilize the values contained in the TRM, unless the commission indicates otherwise.(i) For program year 2026, a utility must estimate a peak period using the calculation method contained in the TRM adopted in November 2025.(ii) Starting with program year 2027, a utility must estimate a peak period using the calculation method contained in the most recently adopted TRM.(7) The utilities must prepare projected savings estimates and claimed savings estimates. The utilities must conduct their own EM&V activities for purposes such as confirming any program incentive payments to customers or contractors and preparing documentation for internal and external reporting, including providing documentation to the EM&V contractor. The EM&V contractor must prepare evaluated savings for preparation of its evaluation reports and a realization rate comparing evaluated savings with projected savings estimates or claimed savings estimates. (8) Baselines for preparation of TRM deemed savings values or deemed savings calculations or for other evaluation activities must be defined by the EM&V contractor and commission staff must review and approve them. When common practice baselines are defined for determining gross energy or demand savings for a measure or program, common practice may be documented by market studies. Baselines must be defined by measure category as follows (deviations from these specifications may be made with justification and approval of commission staff):(A) Baseline is existing conditions for the estimated remaining lifetime of existing equipment for early replacement of functional equipment still within its current useful life. Baseline is applicable code, standard or common practice for remaining lifetime of the measure past the estimated remaining lifetime of existing equipment; (B) Baseline is applicable code, standard or common practice for replacement of functional equipment beyond its current useful life;(C) Baseline is applicable code, standard or common practice for unplanned replacements of failed equipment; and(D) Baseline is applicable code, standard or common practice for new construction or major tenant improvements.(9) Relevant recommendations of the EM&V contractor related to program design and reporting should be addressed in the Energy Efficiency Implementation Project (EEIP) and considered for implementation in future program years. The commission may require a utility to implement the EM&V contractor's recommendations in a future program year.(10) The utilities must be assigned the EM&V costs in proportion to their annual program costs and must pay the invoices approved by the commission. The commission must at least biennially review the EM&V contractor's costs and establish a budget for its services sufficient to pay for those services that it determines are economic and beneficial to be performed.(A) The funding of the EM&V contractor must be sufficient to ensure the selection of an EM&V contractor in accordance with the scope of EM&V activities outlined in this subsection.(B) EM&V costs must be itemized in the utilities' annual reports to the commission as a separate line item. The EM&V costs must not count against the utility's cost caps or administration spending caps.(11) For the purpose of analysis, the utility must grant the EM&V contractor access to data maintained in the utilities' data tracking systems, including, but not limited to, the following proprietary customer information: customer identifying information, individual customer contracts, and load and usage data in accordance with §25.272(g)(1)(A) of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates). Such information must be treated as confidential information.(A) The utility must maintain records for three years that include the date, time, and nature of proprietary customer information released to the EM&V contractor.(B) The EM&V contractor must aggregate data in such a way as to protect customer, retail electric provider, and energy efficiency service provider proprietary information in any non-confidential reports or filings the EM&V contractor prepares. (C) The EM&V contractor must not utilize data provided or received under commission authority for any purposes outside the authorized scope of work the EM&V contractor performs for the commission.(D) The EM&V contractor providing services under this section must not release any information it receives related to the work performed unless directed to do so by the commission.(p) Targeted low-income energy efficiency program.(1) Each unbundled transmission and distribution utility must include at least one targeted low-income energy efficiency program in its energy efficiency plan, and a utility in an area in which customer choice is not offered may include a targeted low-income energy efficiency program in its energy efficiency plan.(A) Savings achieved by the program must count toward the utility's energy efficiency goal.(B) A utility's targeted low-income program must incorporate a whole-house assessment that will evaluate all applicable energy efficiency measures for which there are commission-approved deemed savings. The cost-effectiveness of measures eligible to be installed and the overall program must be evaluated using the Savings-to-Investment ratio.(C) Any funds that are not obligated after July of a program year may be made available for use in a hard-to-reach program. However, such funds may not be used to satisfy the expenditure requirement under paragraph (2)(A) of this subsection.(D) Demand reduction achieved through a targeted low-income energy efficiency program may not be used to satisfy the hard-to-reach demand reduction requirement under subsection (e)(3)(F) of this section.(2) Elements of the targeted low-income energy efficiency program required only for unbundled transmission and distribution utilities.(A) Annual expenditures for a targeted low-income energy efficiency program must be at least 10% of the utility's energy efficiency budget for the program year.(B) The targeted low-income energy efficiency program must comply with requirements listed in PURA §39.905(f):(i) a targeted low-income energy efficiency program must comply with the same audit requirements that apply to federal weatherization subrecipients;(ii) the Texas Department of Housing and Community Affairs must participate in an energy efficiency cost recovery factor proceeding related to expenditures under this subsection to ensure that a targeted low-income energy efficiency program is consistent with federal weatherization programs and adequately funded; and(ii) in an energy efficiency cost recovery factor proceeding related to expenditures under this subsection, the commission will make findings of fact regarding whether the utility meets requirements as described in this subsection.(q) Energy Efficiency Implementation Project - EEIP. The commission will use the EEIP to develop best practices in standard offer market transformation, self-directed, pilot, or other programs, modifications to programs, standardized forms and procedures, protocols, deemed savings estimates, program templates, and the overall direction of the energy efficiency program established by this section. Utilities must provide timely responses to questions posed by other participants relevant to the tasks of the EEIP. Any recommendations from the EEIP process must relate to future years as described in this subsection. (1) The following functions may also be undertaken in the EEIP:(A) development, discussion, and review of new statewide standard offer programs;(B) identification, discussion, design, and review of new market transformation programs;(C) determination of measures for which deemed savings are appropriate and participation in the development of deemed savings estimates for those measures;(D) review of and recommendations on the commission EM&V contractor's reports;(E) review of and recommendations on program incentive payment levels and their adequacy to induce the desired level of participation by energy efficiency service providers and customers; (F) review of and recommendations on a utility's annual energy efficiency plans and reports; (G) utility program portfolios and proposed energy efficiency spending levels for future program years;(H) periodic reviews of the cost-effectiveness methodology; and(I) other activities as identified by commission staff.(2) The EEIP projects must be conducted by commission staff. The commission's EM&V contractor's reports must be filed in the project at a date determined by commission staff.(3) A utility that intends to launch a program that is substantially different from other programs previously implemented by any utility affected by this section must file a program template and must provide notice of such to EEIP participants. Notice to EEIP participants need not be provided if a program description or program template for the new program is provided through the utility's annual energy efficiency report. Following the first year in which a program was implemented, the utility must include the program results in the utility's annual energy efficiency report.(4) Participants in the EEIP may submit comments and reply comments in the EEIP on dates established by commission staff.(5) Any new programs or program redesigns must be submitted to the commission in a petition in a separate proceeding. The approved changes must be available for use in the utilities' next EEPR and EECRF filings. If the changes are not approved by the commission by November 1 in a particular year, the first time that the changes must be available for use is the second EEPR and EECRF filings made after commission approval.(6) Any interested entity that participates in the EEIP may file a petition to the commission for consideration regarding changes to programs.(r) Retail providers. Each utility in an area in which customer choice is offered must conduct outreach and information programs and otherwise use its best efforts to encourage and facilitate the involvement of retail electric providers as energy efficiency service companies in the delivery of efficiency and demand response programs.(s) Customer protection. Each energy efficiency service provider that provides energy efficiency services to end-use customers under this section must provide the disclosures and include the contractual provisions required by this subsection, except for commercial customers with a peak load exceeding 50 kW. Paragraph (1) of this subsection does not apply to behavioral energy efficiency programs that do not require a contract with a customer.(1) Clear disclosure to the customer must be made of the following:(A) the customer's right to a cooling-off period of three business days, in which the contract may be canceled, if applicable under law;(B) the name, telephone number, and street address of the energy efficiency service provider and any subcontractor that will be performing services at the customer's home or business;(C) the fact that program incentive payments are made to the energy efficiency services provider through a program funded by utility customers, manufacturers or other entities and the amount of any program incentives provided by the utility;(D) the amount of any program incentive payment that will be provided to the customer;(E) notice of provisions that will be included in the customer's contract, including warranties;(F) the fact that the energy efficiency service provider must measure and report to the utility the energy and peak demand savings from installed energy efficiency measures;(G) the liability insurance to cover property damage carried by the energy efficiency service provider and any subcontractor;(H) the financial arrangement between the energy efficiency service provider and customer, including an explanation of the total customer payments, the total expected interest charged, all possible penalties for non-payment, and whether the customer's installment sales agreement may be sold;(I) the fact that the energy efficiency service provider is not part of or endorsed by the commission or the utility; and(J) a description of the complaint procedure established by the utility under this section, and toll-free numbers for the Consumer Protection Division of the Public Utility Commission of Texas, and the Office of Attorney General's Consumer Protection Hotline.(2) The energy efficiency service provider's contract with the customer, where such a contract is employed, must include:(A) work activities, completion dates, and the terms and conditions that protect residential customers in the event of non-performance by the energy efficiency service provider;(B) provisions prohibiting the waiver of consumer protection statutes, performance warranties, false claims of energy savings and reductions in energy costs; (C) a disclosure notifying the customer that consumption data may be disclosed to the EM&V contractor for evaluation purposes; and(D) a complaint procedure to address performance issues by the energy efficiency service provider or a subcontractor.(3) When an energy efficiency service provider completes the installation of measures for a customer, it must provide the customer an \"All Bills Paid\" affidavit to protect against claims of subcontractors. (t) Grandfathered programs. An electric utility that offered a load management standard offer program for industrial customers prior to May 1, 2007 must continue to make the program available, at 2007 funding and participation levels, and may include additional customers in the program to maintain these funding and participation levels. (u) Industrial customer opt-out. An industrial customer taking electric service at distribution voltage may submit a notice identifying the distribution accounts for which it qualifies under subsection (c)(20) of this section. The identification notice must be submitted directly to the customer's utility. An identification notice submitted under this section must be renewed every three years. Each identification notice must include the name of the industrial customer, a copy of the customer's Texas Sales and Use Tax Exemption Certification (under Tax Code §151.317), a description of the industrial process taking place at the consuming facilities, and the customer's applicable account number or ESID number. The identification notice is limited solely to the metered point of delivery of the industrial process taking place at the consuming facilities. The account number or ESID number identified by the industrial customer under this section must not be charged for any costs associated with programs provided under this section, including any utility incentive awarded; nor must the identified facilities be eligible to participate in utility-administered energy efficiency programs during the term. Notices must be submitted not later than February 1 to be effective for the following program year. A utility's demand reduction goal must be adjusted to remove any load that is lost as a result of this subsection.(v) Administrative penalty. The commission may impose an administrative penalty or other sanction if the utility fails to meet a goal for energy efficiency under this section. Factors, to the extent they are outside of the utility's control, that may be considered in determining whether to impose a sanction for the utility's failure to meet the goal include:(1) the level of demand by retail electric providers and energy efficiency service providers for program incentive payments made by the utility through its programs;(2) changes in building energy codes; and(3) changes in government-imposed appliance or equipment efficiency standards.", "sourceNote": "Source Note: The provisions of this §25.181 adopted\r\nto be effective May 4, 2008, 33 TexReg 3585; amended to be effective\r\nDecember 1, 2010, 35 TexReg 7747; amended to be effective January\r\n1, 2013, 37 TexReg 8512; amended to be effective March 30, 2017, 42\r\nTexReg 1399; amended to be effective May 13, 2018, 43 TexReg 3001;\r\namended to be effective April 4, 2019, 44 TexReg 1569; amended to\r\nbe effective January 1, 2026, 50 TexReg 8576." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "ELECTRICAL PLANNING" }, "rule": { "number": "§25.182", "label": "Energy Efficiency Cost Recovery Factor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194512", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §39.905 and establish:(1) an energy efficiency cost recovery factor (EECRF) that enables an electric utility to timely recover the reasonable costs of providing a portfolio of cost-effective energy efficiency programs that complies with this section and §25.181 of this title (relating to Energy Efficiency Goal). (2) a utility incentive to reward an electric utility that exceeds its demand and energy reduction goals under the requirements of §25.181 of this title at a cost that does not exceed the cost caps established in subsection (d)(7) of this section. (b) Application. This section applies to electric utilities. (c) Definitions. The definitions provided in §25.181(c) of this title also apply in this section. The following terms, when used in this section, have the following meaning unless the context indicates otherwise:(1) Billing determinants--The measures of energy consumption or load used to calculate a customer's bill or to determine the aggregate revenue from rates from all customers.(2) Rate class--For the purpose of calculating EECRF rates, a utility's rate classes are those retail rate classes approved in the utility's most recent base-rate proceeding, excluding non-eligible customers.(d) Cost recovery. A utility must establish an EECRF that complies with this subsection to timely recover the reasonable costs of providing a portfolio of cost-effective energy efficiency programs under §25.181 of this title. Each utility must file its application according to the commission's file format standards in §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission).(1) The EECRF must be calculated based on the following:(A) The utility's forecasted annual energy efficiency program expenditures, the preceding year's over- or under-recovery including interest and municipal and utility EECRF proceeding expenses, any utility incentive earned under subsection (e) of this section, and evaluation, measurement, and verification (EM&V) contractor costs allocated to the utility by the commission for the preceding year under §25.181 of this title. (B) For a utility that collects any amount of energy efficiency costs in its base rates, the amounts described in subparagraph (A) of this paragraph in excess of the actual energy efficiency revenues collected from base rates as described in paragraph (2) of this subsection. (2) The commission may approve an EECRF for each eligible rate class. The costs must be directly assigned to each rate class that received services under the programs to the maximum extent reasonably possible. In its EECRF proceeding, a utility may request a good cause exception to combine one or more rate classes, each containing fewer than 20 customers, with a similar rate class that received services under the same energy efficiency programs in the preceding year. For each rate class, the under- or over-recovery of the energy efficiency costs must be the difference between actual EECRF revenues and actual costs for that class that comply with paragraph (12) of this subsection, including interest applied on such over- or under-recovery calculated by rate class and compounded on an annual basis for a two-year period using the annual interest rates authorized by the commission for over- and under-billing for the year in which the over- or under-recovery occurred and the immediately subsequent year. Where a utility collects energy efficiency costs in its base rates, actual energy efficiency revenues collected from base rates consist of the amount of energy efficiency costs expressly included in base rates, adjusted to account for changes in billing determinants from the test year billing determinants used to set rates in the last base rate proceeding.(3) A proceeding conducted under this subsection is a ratemaking proceeding for purposes of PURA §33.023 and §36.061. EECRF proceeding expenses must be included in the EECRF calculated under paragraph (1) of this subsection as follows:(A) For a utility's EECRF proceeding expenses, the utility may include only its expenses for the immediately previous EECRF proceeding conducted under this subsection.(B) For municipalities' EECRF proceeding expenses, the utility may include only expenses paid or owed for the immediately previous EECRF proceeding conducted under this subsection for services reimbursable under PURA §33.023(b).(4) Base rates must not be set to recover energy efficiency costs. (5) If a utility recovers energy efficiency costs through base rates, the EECRF may be changed in a general rate proceeding. If a utility is not recovering energy efficiency costs through base rates, the EECRF may be adjusted only in an EECRF proceeding under this subsection.(6) For residential customers and for non-residential rate classes whose base rates do not provide for demand charges, the EECRF rates must be designed to provide only for energy charges. For non-residential rate classes whose base rates provide for demand charges, the EECRF rates must provide for energy charges or demand charges, but not both. Any EECRF demand charge must not be billed using a demand ratchet mechanism. (7) The total EECRF costs outlined in paragraph (1) of this subsection, excluding EM&V costs, excluding municipal EECRF proceeding expenses, and excluding any interest amounts applied to over- or under-recoveries, must not exceed the amounts prescribed in this paragraph unless a good cause exception filed under §25.181(e)(2) of this title is granted.(A) For residential customers for program year 2018, $0.001263 per kWh increased or decreased by a rate equal to the 2016 calendar year's percentage change in the South urban consumer price index (CPI), as determined by the Federal Bureau of Labor Statistics; and(B) For commercial customers for program year 2018, rates designed to recover revenues equal to $0.000790 per kWh increased or decreased by a rate equal to the 2016 calendar year's percentage change in the South urban CPI, as determined by the Federal Bureau of Labor Statistics times the aggregate of all eligible commercial customers' kWh consumption.(C) For the 2019 program year and thereafter, the residential and commercial cost caps must be calculated to be the prior period's cost caps increased or decreased by a rate equal to the most recently available calendar year's percentage change in the South urban CPI, as determined by the Federal Bureau of Labor Statistics. (8) Not later than May 1 of each year, a utility in an area in which customer choice is not offered must apply to adjust its EECRF effective January 1 of the following year. Not later than June 1 of each year, a utility in an area in which customer choice is offered must apply to adjust its EECRF effective March 1 of the following year. If a utility is in an area in which customer choice is offered in some but not all parts of its service area and files one energy efficiency plan and report covering all of its service area, the utility must apply to adjust the EECRF not later than May 1 of each year, with the EECRF effective January 1 in the parts of its service area in which customer choice is not offered and March 1 in the parts of its service area in which customer choice is offered. (9) Upon a utility's filing of an application to establish a new EECRF or adjust an EECRF, the presiding officer must set a procedural schedule that will enable the commission to issue a final order in the proceeding required by subparagraphs (A), (B), and (C) of this paragraph as follows:(A) For a utility in an area in which customer choice is not offered, the presiding officer must set a procedural schedule that will enable the commission to issue a final order in the proceeding prior to the January 1 effective date of the new or adjusted EECRF, except where good cause supports a different procedural schedule.(B) For a utility in an area in which customer choice is offered, the effective date of a new or adjusted EECRF must be March 1. The presiding officer must set a procedural schedule that will enable the utility to file an EECRF compliance tariff consistent with the final order within ten days of the date of the final order. The procedural schedule must also provide that the compliance filing date will be at least 45 days before the effective date of March 1. The effective date of any new or adjusted EECRF must occur at least 45 days after the utility files a compliance tariff consistent with a final order approving the new or adjusted EECRF. The utility must serve notice of the approved rates and the effective date of the approved rates by the working day after the utility files a compliance tariff consistent with the final order approving the new or adjusted EECRF to retail electric providers that are authorized by the registration agent to provide service in the utility's service area. Notice under this subparagraph may be served by email. The procedural schedule may be extended for good cause, but the effective date of any new or adjusted EECRF must occur at least 45 days after the utility files a compliance tariff consistent with a final order approving the new or adjusted EECRF. The utility may not serve notice of the approved rates and the effective date of the approved rates to retail electric providers that are authorized by the registration agent to provide service in the utility's service area more than one working day after the utility files the compliance tariff.(C) For a utility in an area in which customer choice is offered in some but not all parts of its service area and that files one energy efficiency plan and report covering all of its service area, the presiding officer must set a procedural schedule that will enable the commission to issue a final order in the proceeding prior to the January 1 effective date of the new or adjusted EECRF for the areas in which customer choice is not offered, except where good cause supports a different schedule. For areas in which customer choice is offered, the effective date of the new or adjusted EECRF must be March 1. The presiding officer must set a procedural schedule that will enable the utility to file an EECRF compliance tariff consistent with the final order within ten days of the date of the final order. The procedural schedule must also provide that the compliance filing date will be at least 45 days before the effective date of March 1. The effective date of any new or adjusted EECRF must occur at least 45 days after the utility files a compliance tariff consistent with a final order approving the new or adjusted EECRF. The utility must serve notice of the approved rates and the effective date of the approved rates by the working day after the utility files a compliance tariff consistent with the final order approving the new or adjusted EECRF to retail electric providers that are authorized by the registration agent to provide service in the utility's service area. Notice under this subparagraph of this paragraph may be served by email. The procedural schedule may be extended for good cause, but the effective date of any new or adjusted EECRF must occur at least 45 days after the utility files a compliance tariff consistent with a final order approving the new or adjusted EECRF. The utility may not serve notice of the approved rates and the effective date of the approved rates to retail electric providers that are authorized by the registration agent to provide service in the utility's service area more than one working day after the utility files the compliance tariff.(D) If no hearing is requested within 30 days of the filing of the application, the presiding officer must set a procedural schedule that will enable the commission to issue a final order in the proceeding within 90 days after a sufficient application was filed; or(E) If a hearing is requested within 30 days of the filing of the application, the presiding officer must set a procedural schedule that will enable the commission to issue a final order in the proceeding within 180 days after a sufficient application was filed. If a hearing is requested, the hearing will be held no earlier than the first working day after the 45th day after a sufficient application is filed.(10) A utility's application to establish or adjust an EECRF must include the utility's most recent energy efficiency plan and report, consistent with §25.181(l) and §25.183(d) of this title, as well as testimony and schedules, in Excel format with formulas intact, showing the following, by rate class, for the prior program year and the program year for which the proposed EECRF will be collected as appropriate: (A) the utility's forecasted energy efficiency costs; (B) the actual base rate recovery of energy efficiency costs, adjusted for changes in load and usage subsequent to the last base rate proceeding, with supporting calculations;(C) a calculation showing whether the utility qualifies for a utility incentive and the amount that it calculates to have earned for the prior year; (D) any adjustment for past over- or under-recovery of energy efficiency revenues, including interest; (E) information concerning the calculation of billing determinants for the preceding year and for the year in which the EECRF is expected to be in effect; (F) the direct assignment and allocation of energy efficiency costs to the utility's eligible rate classes, including any portion of energy efficiency costs included in base rates, provided that the utility's actual EECRF expenditures by rate class may deviate from the projected expenditures by rate class, to the extent doing so does not exceed the cost caps in paragraph (7) of this subsection; (G) information concerning calculations related to the requirements of paragraph (7) of this subsection;(H) the program incentive payments by the utility, by program, including a list of each energy efficiency administrator or service provider receiving more than 5% of the utility's overall program incentive payments and the percentage of the utility's program incentive payments received by those providers. Such information may be treated as confidential; (I) the utility's administrative costs, including any affiliate costs and EECRF proceeding expenses and an explanation of both; (J) the actual EECRF revenues by rate class for any period for which the utility calculates an under- or over-recovery of EECRF costs; (K) the utility's bidding and engagement process for contracting with energy efficiency service providers, including a list of all energy efficiency service providers that participated in the utility programs and contractors paid with funds collected through the EECRF. Such information may be treated as confidential; (L) the estimated useful life used for each measure in each program, or a link to the information if publicly available; and (M) any other information that supports the determination of the EECRF.(11) The following factors must be included in the application, as applicable, to support the recovery of energy efficiency costs under this subsection. (A) the costs are less than or equal to the benefits of the programs, as calculated in §25.181(d) of this title;(B) the program portfolio was implemented in accordance with recommendations made by the commission's EM&V contractor and approved by the commission and the EM&V contractor has found no material deficiencies in the utility's administration of its portfolio of energy efficiency programs under §25.181 of this title. This subparagraph does not preclude parties from examining and challenging the reasonableness of a utility's energy efficiency program expenses nor does it limit the commission's ability to address the reasonableness of a utility's energy efficiency program expenses;(C) if a utility is in an area in which customer choice is offered and is subject to the requirements of PURA §39.905(f), the utility met its targeted low-income energy efficiency requirements under §25.181 of this title;(D) existing market conditions in the utility's service territory affected its ability to implement one or more of its energy efficiency programs or affected its costs;(E) the utility's costs incurred and achievements accomplished in the previous year or estimated for the year the requested EECRF will be in effect are consistent with the utility's energy efficiency program costs and achievements in previous years notwithstanding any recommendations or comments by the EM&V contractor;(F) changed circumstances in the utility's service area since the commission approved the utility's budget for the implementation year that affect the ability of the utility to implement any of its energy efficiency programs or its energy efficiency costs;(G) the number of energy efficiency service providers operating in the utility's service territory affects the ability of the utility to implement any of its energy efficiency programs or its energy efficiency costs;(H) customer participation in the utility's prior years' energy efficiency programs affects customer participation in the utility's energy efficiency programs in previous years or its proposed programs underlying its EECRF request and the extent to which program costs were expended to generate more participation or transform the market for the utility's programs;(I) the utility's energy efficiency costs for the previous year or estimated for the year the requested EECRF will be in effect are comparable to costs in other markets with similar conditions; and(J) the utility has set its program incentive payments with the objective of achieving its energy and demand goals under §25.181 of this title at the lowest reasonable cost per program.(12) The scope of an EECRF proceeding includes the extent to which the costs recovered through the EECRF complied with PURA §39.905, this section, and §25.181 of this title; the extent to which the costs recovered were reasonable and necessary to reduce demand and energy growth; and a determination of whether the costs to be recovered through an EECRF are reasonable estimates of the costs necessary to provide energy efficiency programs and to meet or exceed the utility's energy efficiency goals. The proceeding will not include a review of program design to the extent that the programs complied with the energy efficiency implementation project (EEIP) process defined in §25.181(q) of this title. The commission will not allow recovery of expenses that are designated as non-recoverable under §25.231(b)(2) of this title (relating to Cost of Service).(13) Notice of a utility's filing of an EECRF application is reasonable if the utility provides in writing a general description of the application and the docket number assigned to the application within seven days of the application filing date to: (A) All parties in the utility's most recent completed EECRF docket;(B) All retail electric providers that are authorized by the registration agent to provide service in the utility's service area at the time the EECRF application is filed; (C) All parties in the utility's most recent completed base-rate proceeding; and(D) The state agency that administers the federal weatherization program. (14) The utility must file an affidavit attesting to the completion of notice within 14 days after the application is filed.(15) The commission may approve a utility's request to establish an EECRF revenue requirement or EECRF rates that are lower than the amounts otherwise determined under this section.(e) Utility incentive. To receive a utility incentive, a utility must exceed its demand and energy reduction goals established in §25.181 of this title at a cost that does not exceed the cost caps established in subsection (d)(7) of this section. The utility incentive must be based on the utility's energy efficiency achievements for the previous program year. The utility incentive calculation must not include demand or energy savings that result from programs other than programs implemented under §25.181 of this title.(1) The utility incentive allows a utility to receive a share of the net benefits realized in exceeding its demand reduction goal established according to §25.181 of this title.(2) Net benefits are calculated as the sum of total avoided cost associated with the eligible programs administered by the utility minus the sum of all program costs. Program costs include the cost of program incentive payments, incurred EM&V contractor costs, any utility incentive awarded to the utility, and actual or allocated research and development and administrative costs, but do not include any interest amounts applied to over- or under-recoveries. Total avoided costs and program costs must be calculated in accordance with this section and §25.181 of this title.(3) If a utility exceeds 100% of its demand and energy reduction goals, it will receive a utility incentive. The utility incentive is calculated as 1% of the applicable program year's net benefits for every 2% that the demand reduction goal has been exceeded, with a maximum of 5% of the utility's total net benefits. (4) The commission may reduce the utility incentive otherwise permitted under this subsection for a utility with a lower goal, higher administrative spending cap, or higher EECRF cost cap established by the commission under §25.181(e)(2) of this title. The utility incentive will be considered in the EECRF proceeding in which the utility incentive is requested.(5) In calculating net benefits to determine a utility incentive, a discount rate equal to the utility's weighted average cost of capital of the utility and an escalation rate of 2% must be used. The utility must provide documentation for the net benefits calculation, including, but not limited to, the weighted average cost of capital, useful life of equipment or measure, and quantity of each measure implemented.(6) The utility incentive must be allocated in proportion to the program costs associated with meeting the demand and energy goals under §25.181 of this title and allocated to eligible customers on a rate class basis.(7) A utility incentive earned under this section must not be included in the utility's revenues or net income for the purpose of establishing a utility's rates or commission assessment of its earnings.", "sourceNote": "Source Note: The provisions of this §25.182 adopted\r\nto be effective April 4, 2019, 44 TexReg 1569; amended to be effective\r\nJanuary 1, 2026, 50 TexReg 8576." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194512", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "ELECTRICAL PLANNING" }, "rule": { "number": "§25.183", "label": "Reporting and Evaluation of Energy Efficiency Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223116", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish reporting requirements sufficient for the commission, in cooperation with Energy Systems Laboratory of Texas A&M University (Laboratory), to quantify, by county, the reductions in energy consumption, peak demand and associated emissions of air contaminants achieved from the programs implemented under §25.181 of this title (relating to the Energy Efficiency Goal).(b) Application. This section applies to electric utilities administering energy efficiency programs implemented under the Public Utility Regulatory Act (PURA) §39.905 and pursuant to §25.181 of this title, and independent system operators (ISO) and regional transmission organizations (RTO).(c) Definitions. The definitions provided in §25.181(c) of this title shall also apply to this section, unless the context indicates otherwise.(d) Reporting. Each electric utility shall file by April 1, of each program year an annual energy efficiency plan and report. The annual energy efficiency plan and report shall include the information required under §25.181(l) of this title and paragraphs (1) - (5) of this subsection in a format prescribed by the commission.(1) Load data within the applicable service area. If such information is available from an ISO or RTO in the power region in which the electric utility operates, then the ISO or RTO shall provide this information to the commission instead of the electric utility.(2) The reduction in peak demand attributable to energy efficiency programs implemented under §25.181 of this title, in kW by county, by type of program and by funding source.(3) The reduction in energy consumption attributable to energy efficiency programs implemented under §25.181 of this title, in kWh by county, by type of program and by funding source.(4) Any data to be provided under this section that is proprietary in nature shall be filed in accordance with §22.71(d) of this title (relating to Filing of Pleadings, Documents and Other Materials).(5) Any other information determined by the commission to be necessary to quantify the air contaminant emission reductions.(e) Evaluation. Annually the commission, in cooperation with the Laboratory, shall provide the Texas Commission on Environmental Quality (TCEQ) a report, by county, that compiles the data provided by the utilities affected by this section and quantifies the reductions of energy consumption, peak demand and associated air contaminant emissions.(1) The Laboratory shall ensure that all data that is proprietary in nature is protected from disclosure.(2) The commission and the Laboratory shall ensure that the report does not provide information that would allow market participants to gain a competitive advantage.", "sourceNote": "Source Note: The provisions of this §25.183 adopted to be effective December 3, 2001, 26 TexReg 9849; amended to be effective January 1, 2003, 27 TexReg 9736; amended to be effective April 4, 2019, 44 TexReg 1569." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "H", "label": "ELECTRICAL PLANNING" }, "rule": { "number": "§25.186", "label": "Goal for Average Total Residential Load Reduction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87262", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to the independent organization certified under PURA §39.151 for the Electric Reliability Council of Texas (ERCOT) region, a transmission and distribution utility (TDU), and a retail electric provider (REP) providing demand response using a responsive device program to residential customers.(b) Definition. When used in this section, the term \"smart responsive appliance or device\" has the following meaning unless the context indicates otherwise. An appliance or device that may be enabled to allow its electric usage or electric usage of connected appliances or devices to be adjusted remotely.(c) Responsive Device Program. A REP may offer a responsive device program that offers an incentive to residential customers with smart responsive appliances or devices to reduce electricity consumption.(1) A REP may contract with a demand response provider to provide a responsive device program.(2) A responsive device program must:(A) allow demand response participation by residential customers where reasonably available, including during the summer and winter seasons;(B) be capable of responding to an emergency energy alert issued by the independent organization certified under Public Utility Regulatory Act (PURA) §39.151 for the ERCOT region;(C) ensure that the program does not adversely impact the needs of a critical care residential customer or chronic condition residential customer as those terms are defined in §25.497 of this title, relating to Critical Load Industrial Customers, Critical Load Public Safety Customers, Critical Care Residential Customers, and Chronic Condition Residential Customers; and(D) not allow participation of a residential customer that is enrolled in an emergency program such as the Emergency Response Service under §25.507 of this title, relating to Electric Reliability Council of Texas (ERCOT) Emergency Response Service (ERS), or a TDU load management program under §§25.181-183 of this title.(E) specify that participation in the responsive device program expires:(i) if participation in the responsive device program is offered or included as part of a product or plan for retail electric service, with the term of the contract; or(ii) if the responsive device program is offered as a separate product or plan or as an additional service, on the date consistent with the REP's disclosures to the customer regarding the term of the responsive device program, but must end when the REP that enrolled the retail customer is no longer the REP of record for that customer.(d) Average total residential load reduction goal.(1) No later than 45 days following the end of each calendar quarter, a REP providing a responsive device program within the ERCOT region must submit to ERCOT, on a form prescribed by ERCOT, the following information for each calendar month in the quarter:(A) the electric service identifier (ESI ID) for each residential customer with smart appliances or devices enrolled in each responsive device program offered by the REP; and(B) the date of each demand response event, including each demand response event start time and stop time and the ESI IDs deployed for each event.(2) No later than March 31 of each calendar year, for each daily ERCOT peak demand period and each ERCOT energy emergency alert period, ERCOT must publicly file with the commission the following information for the twelve-month period ending on November 30 of the previous calendar year. For purposes of this paragraph, the load associated with any premise with behind-the-meter photovoltaic (PV) generation will be calculated as the sum of the premise's import from the grid plus any PV generation less any export to the grid.(A) the date of the period, the time of the period, and the hourly and 15-minute interval values of load and net load during the period;(B) the aggregated hourly and 15-minute interval actual metered load of all the residential customers enrolled in a responsive device program during the ERCOT peak demand period or energy emergency alert period; and(C) for each day for which ERCOT has received notice of a REP responsive device program deployment and for each ERCOT energy emergency alert period:(i) the estimated hourly and 15-minute interval load reduction by all residential customers enrolled in a responsive device program during the ERCOT peak demand period or energy emergency alert period;(ii) the estimated hourly and 15-minute interval load reduction by all customers identified in clause (i) of this subparagraph that were deployed at any point during the ERCOT peak demand period or energy emergency alert period;(iii) the aggregated hourly and 15-minute interval actual metered load of all customers enrolled in a responsive device program that were deployed at any point during the ERCOT peak demand period or energy emergency alert period; and(iv) the total number of customers deployed at any point during each interval.(3) The average total residential load reduction goal is 0.25 (i.e., a 20 percent reduction in load by participating residential customers).(A) The goal is calculated as a ratio by dividing the load reduced by all responsive device programs during an ERCOT peak demand period by the total amount of demand of all residential customers participating in a responsive device program during that ERCOT peak demand period.(B) On or before June 30 of each even-numbered year, commission staff will review the data received from ERCOT under paragraph (2) of this subsection to assess the effectiveness of the responsive device programs offered by REPs and whether the average total residential load reduction goal under paragraph (3) of this subsection is being achieved. Commission staff will file a recommendation in Project 56966 on whether the commission should adjust the goal.(C) The commission will consider commission staff's recommendation under subparagraph (B) of this paragraph and determine whether to update the goal.(4) For the purposes of this section, an ERCOT peak demand period is an hour with the daily peak value of net load, where net load is calculated as defined in ERCOT protocols.(e) Confidentiality. ERCOT must treat the information submitted by a REP under subsection (d) of this section as protected information as defined by the ERCOT protocols. The requirements of this section neither authorize nor require a REP to publicly disclose proprietary customer information.(f) Funding. A REP may receive funding for a responsive device program through an energy efficiency incentive program established under §25.181 of this title, relating to Energy Efficiency Goal, if the responsive device program complies with the evaluation, measurement, and verification requirements of §25.181 of this title, and if the smart responsive appliances or devices meet the requirements of subsection (c) of this section. A transmission and distribution utility required to provide an energy efficiency incentive program under PURA §39.905 may use up to 10 percent of its demand response budget for responsive device programs offered by a REP under subsection (c) of this section.(g) Additional information. Commission staff may request additional data from REPs and ERCOT regarding the responsive device program under subsection (c) of this section to assist in evaluating and revising the goal under subsection (d) of this section.", "sourceNote": "Source Note: The provisions of this §25.186 adopted to be effective January 1, 2025, 49 TexReg 10629." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87262", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.191", "label": "Transmission Service Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211302", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of Subchapter I, Division 1 of this chapter (relating to Transmission and Distribution), is to clearly state the terms and conditions that govern transmission access in order to:(1) facilitate competition in the sale of electric energy in Texas;(2) preserve the reliability of electric service; and(3) enhance economic efficiency in the production and consumption of electricity.(b) Applicability. Unless otherwise explicitly provided, Division 1 of this subchapter (relating to Open-Access Comparable Transmission Service for Electric Utilities in the Electric Reliability Council of Texas) applies to transmission service providers (TSPs), as defined in §25.5 of this title (relating to Definitions), which include river authorities and other electric utilities, municipally-owned utilities, and electric cooperatives. The transmission service standards described in Division 1 of this subchapter also apply to transmission service to, from, and over the direct-current interconnections between the Electric Reliability Council of Texas (ERCOT) region and areas outside of the ERCOT region (DC ties), to the extent that tariffs for such service incorporating the terms of Division 1 of this subchapter are approved for the transmission providers that own an interest in the interconnections. Some provisions of Division 1 explicitly apply to distribution service providers (DSPs), as defined in §25.5 of this title.(c) Nature of transmission service. Transmission service allows for power delivery from generation resources to serve loads, inside and outside of the ERCOT region. Service provided pursuant to Division 1 of this subchapter permits municipally-owned utilities, electric cooperatives, power marketers, power generation companies, qualifying scheduling entities, retail electric providers (REPs), qualifying facilities, and distribution service providers (DSPs) to use the transmission systems of the TSPs in ERCOT. Transmission service shall be provided pursuant to Division 1 of this subchapter, commission-approved tariffs, the ERCOT protocols and, for TSPs subject to Federal Energy Regulatory Commission (FERC) jurisdiction, FERC requirements. Transmission service under Division 1 of this subchapter includes the provision of transmission service to an entity that is scheduling the export or import of power from the ERCOT region across a DC tie. The rules in Division 1 of this subchapter do not require a municipally owned utility or electric cooperative that has not opted for customer choice to provide transmission service to a retail electric provider or retail customer in connection with the retail sale of electricity in its exclusive service area.(d) Obligation to provide transmission service. Each TSP in ERCOT shall provide transmission service in accordance with the provisions of Division 1 of this subchapter.(1) Where a TSP has contracted for another person to operate its transmission facilities, the person assigned to operate the facilities shall carry out the operating responsibilities of the TSP under Division 1 of this subchapter.(2) The obligation to provide comparable transmission service applies to a TSP, even if the TSP's interconnection with the transmission service customer is through distribution, rather than transmission facilities. An electric cooperative that has not opted for customer choice or a municipally owned utility that has not opted for customer choice shall provide wholesale transmission service at distribution voltage when necessary to serve a wholesale customer.(A) A TSP or a DSP that owns facilities for the delivery of electricity to a transmission service customer purchasing electricity at wholesale using facilities rated at less than 60 kilovolts shall provide the customer access to its facilities on a non-discriminatory basis.(B) A TSP or DSP shall provide access to its facilities at the distribution level to a transmission service customer, in order to transmit power to a retail customer in an area in which the transmission service customer has the right to provide retail electric service. Such service shall be provided on a non-discriminatory basis and in accordance with PURA §39.203(h).(C) A DSP shall file a tariff with the commission for wholesale transmission service at distribution level voltage if:(i) The DSP is currently providing wholesale transmission service at distribution voltage; or(ii) The DSP receives a valid request to provide wholesale transmission service at distribution voltage. The DSP shall file the tariff within 30 days of receiving the request.(3) A TSP shall interconnect its facilities with new generating sources and construct facilities needed for such an interconnection, in accordance with Division 1 of this subchapter. A TSP shall use all reasonable efforts to communicate promptly with a power generation company to resolve any questions regarding the requests for service in a non-discriminatory manner. If a TSP or a power generation company is required to complete activities or to negotiate agreements as a condition of service, each party shall use due diligence to complete these actions within a reasonable time.", "sourceNote": "Source Note: The provisions of this §25.191 adopted to be effective April 13, 1999, 24 TexReg 2874; amended to be effective June 20, 2001, 26 TexReg 4440." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211302", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.192", "label": "Transmission Rates for Export from ERCOT" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148710", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Tariffs. Each transmission service provider (TSP) shall file a tariff for transmission service to establish its rates and other terms and conditions and shall apply its tariffs and rates on a non-discriminatory basis. The tariff shall apply to all distribution service providers (DSPs) and any entity scheduling the export of power from the Electric Reliability Council of Texas (ERCOT) region. The tariff shall not apply to any entity engaging in wholesale storage as described by §25.501(m) of this title (relating to Wholesale Market Design for the Electric Reliability Council of Texas) (storage entity).(b) Charges for transmission service delivered within ERCOT. DSPs, excluding storage entities, shall incur transmission service charges pursuant to the tariffs of the TSP.(1) A TSP's transmission rate shall be calculated as its commission-approved transmission cost of service divided by the average of ERCOT coincident peak demand for the months of June, July, August and September (4CP), excluding the portion of coincident peak demand attributable to wholesale storage load. A TSP's transmission rate shall remain in effect until the commission approves a new rate. The TSP's annual rate shall be converted to a monthly rate. The monthly transmission service charge to be paid by each DSP is the product of each TSP's monthly rate as specified in its tariff and the DSP's previous year's average of the 4CP demand that is coincident with the ERCOT 4CP.(2) Payments for transmission services shall be consistent with commission orders, approved tariffs, and §25.202 of this title (relating to Commercial Terms for Transmission Service).(c) Transmission cost of service. The transmission cost of service for each TSP shall be based on the expenses in Federal Energy Regulatory Commission (FERC) expense accounts 560-573 (or accounts with similar contents or amounts functionalized to the transmission function) plus the depreciation, federal income tax, and other associated taxes, and the commission-allowed rate of return based on FERC plant accounts 350-359 (or accounts with similar contents or amounts functionalized to the transmission function), less accumulated depreciation and accumulated deferred federal income taxes, as applicable.(1) The following facilities are deemed to be transmission facilities:(A) power lines, substations, reactive devices, and associated facilities, operated at 60 kilovolts or above, including radial lines operated at or above 60 kilovolts, except the step-up transformers and a protective device associated with the interconnection from a generating station to the transmission network;(B) substation facilities on the high side of the transformer, in a substation where power is transformed from a voltage higher than 60 kilovolts to a voltage lower than 60 kilovolts;(C) the portion of the direct-current interconnections with areas outside of the ERCOT region (DC ties) that are owned by a TSP in the ERCOT region, including those portions of the DC tie that operate at a voltage lower than 60 kilovolts; and(D) capacitors and other reactive devices that are operated at a voltage below 60 kilovolts, if they are located in a distribution substation, the load at the substation has a power factor in excess of 0.95 as measured or calculated at the distribution voltage level without the reactive devices, and the reactive devices are controlled by an operator or automatically switched in response to transmission voltage.(E) As used in subparagraphs (A) - (D) of this paragraph, reactive devices do not include generating facilities.(2) For municipally owned utilities, river authorities, and electric cooperatives, the commission may permit the use of the cash flow method or other reasonable alternative methods of determining the annual transmission revenue requirement, including the return element of the revenue requirement, consistent with the rate actions of the rate-setting authority for a municipally owned utility.(3) For municipally owned utilities, river authorities, and electric cooperatives, the return may be determined based on the TSP's actual debt service and a reasonable coverage ratio. In determining a reasonable coverage ratio, the commission will consider the coverage ratios required in the TSP's bond indentures or ordinances and the most recent rate action of the rate setting authority for the TSP.(4) A municipally owned utility that is required to apply for a certificate of public convenience and necessity to construct, install, or extend a transmission facility within ERCOT pursuant to §25.101 of this title (relating to Certification Criteria) is entitled to recover, through the utility's wholesale transmission rate, reasonable payments made to a taxing entity in lieu of ad valorem taxes on that transmission facility, provided that:(A) The utility enters into a written agreement with the governing body of the taxing entity related to the payments;(B) The amount paid is the same as the amount the utility would have to pay to the taxing entity on that transmission facility if the facility were subject to ad valorem taxation;(C) The governing body of the taxing entity is not the governing body of the utility; and(D) The utility provides the commission with a copy of the written agreement and any other information that the commission considers necessary in relation to the agreement.(5) The commission may adopt rate-filing requirements that provide additional details concerning the costs that may be included in the transmission costs and how such costs should be reported in a proceeding to establish transmission rates.(d) Billing units. No later than December 1 of each year, ERCOT shall determine and file with the commission the current year's average 4CP demand for each DSP, or the DSP's agent for transmission service billing purposes, as appropriate, excluding the portion of coincident peak demand attributable to wholesale storage load. This demand shall be used to bill transmission service for the next year. The ERCOT average 4CP demand shall be the sum of the coincident peak of all of the ERCOT DSPs, excluding the portion of coincident peak demand attributable to wholesale storage load, for the four intervals coincident with ERCOT system peak for the months of June, July, August, and September, divided by four. As used in this section, a DSP's average 4CP demand is determined from the total demand, coincident with the ERCOT 4CP, of all customers connected to a DSP, including load served at transmission voltage, but excluding the load of wholesale storage entities. The measurement of the coincident peak shall be in accordance with commission-approved ERCOT protocols.(e) Transmission rates for exports from ERCOT. A transmission service charge for exports of power from ERCOT must be assessed to transmission service customers for transmission service within the boundaries of the ERCOT region, in accordance with this section and the ERCOT protocols.(1) A transmission service customer must be assessed a transmission service charge for the use of the ERCOT transmission system in exporting power from ERCOT based on scheduled exports and the rates established under subsections (c) and (d) of this section. The intervals must consist of one hour.(2) The hourly transmission rate for exports from ERCOT will be the TSP's annual rate established under subsections (c) and (d) of this section divided by 8760.(3) The entity scheduling the export of power over a DC tie is solely responsible to the TSP for payment of transmission service charges under this subsection.(4) Beginning with the January 2023 reporting month, ERCOT must file a public report with the commission stating the total amount of energy imported and the total amount of energy exported over each DC tie for the calendar month. The report must also include the total amount of energy exported from the ERCOT region during the reporting month and each of the preceding 11 calendar months, reported by scheduling entity. Each report must be filed within 45 days of the end of the reporting month.(f) Transmission revenue. Revenue from the transmission of electric energy out of the ERCOT region over the DC ties that is recovered under subsection (e) of this section shall be credited to all transmission service customers as a reduction in the transmission cost of service for TSPs that receive the revenue.(g) Revision of transmission rates. Each TSP in the ERCOT region shall periodically revise its transmission service rates to reflect changes in the cost of providing such services. Any request for a change in transmission rates shall comply with the filing requirements established by the commission under this section.(h) Interim Update of Transmission rates.(1) Frequency. Each TSP in the ERCOT region may apply to update its transmission rates on an interim basis not more than once per calendar year to reflect changes in its invested capital. Upon the effective date of an amendment to §25.193 pursuant to an order in Project Number 37909, Rulemaking Proceeding to Amend P.U.C. Subst. R. 25.193, Relating to Distribution Service Provider Transmission Cost Recovery factors (TCRF), that allows a distribution service provider to recover, through its transmission cost recovery factor, all transmission costs charged to the distribution service provider by TSPs, each TSP in the ERCOT region may apply to update its transmission rates on an interim basis not more than twice per calendar year to reflect changes in its invested capital. If the TSP elects to update its transmission rates, the new rates shall reflect the addition and retirement of transmission facilities and include appropriate depreciation, federal income tax and other associated taxes, and the commission authorized rate of return on such facilities as well as changes in loads. If the TSP does not have a commission-authorized rate of return, an appropriate rate of return shall be used.(2) Reconciliation. An update of transmission rates under paragraph (1) of this subsection shall be subject to reconciliation at the next complete review of the TSP's transmission cost of service, at which time the commission shall review the costs of the interim transmission plant additions to determine if they were reasonable and necessary. Any amounts resulting from an update that are found to have been unreasonable or unnecessary, plus the corresponding return and taxes, shall be refunded with carrying costs determined as follows: for the time period beginning with the date on which over-recovery is determined to have begun to the effective date of the TSP's rates set in that complete review of the TSP's transmission cost of service, carrying costs shall be calculated using the same rate of return that was applied to the transmission investments included in the update. For the time period beginning with the effective date of the TSP's rates set in that complete review of the TSP's transmission cost of service, carrying costs shall be calculated using the TSP's rate of return authorized in that complete review.(3) Future consideration of effect on TSP's financial risk and rate of return. For a TSP that has increased its rates pursuant to paragraph (1) of this subsection, the commission may, in setting rates in the next complete review of the TSP's transmission cost of service, expressly consider the effects of reduced regulatory lag resulting from the interim updates to the TSP's rates and the concomitant impact on the TSP's financial risk and rate of return.(4) Commission processing of application. The commission shall process an application filed pursuant to paragraph (1) of this subsection in the following manner.(A) Notice and intervention deadline. The applicant shall provide notice of its application to all parties in the applicant's last complete review of the applicant's transmission cost of service and all of the distribution service providers listed in the last docket in which the commission set the annual transmission service charges for the Electric Reliability Council of Texas. The intervention deadline shall be 21 days from the date service of notice is completed.(B) Sufficiency of application. A motion to find an application materially deficient shall be filed no later than 21 days after an application is filed. The motion shall be served on the applicant by hand delivery, facsimile transmission, or overnight courier delivery, or by e-mail if agreed to by the applicant or ordered by the presiding officer. The motion shall specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The applicant's response to a motion to find an application materially deficient shall be filed no later than five working days after such motion is received. If within ten working days after the deadline for filing a motion to find an application materially deficient, the presiding officer has not filed a written order concluding that material deficiencies exist in the application, the application is deemed sufficient.(C) Review of application. A proceeding initiated pursuant to paragraph (1) of this subsection is eligible for disposition pursuant to §22.35(b)(1) of this title (relating to Informal Disposition). If the requirements of §22.35 of this title are met, the presiding officer shall issue a notice of approval within 60 days of the date a materially sufficient application is filed unless good cause exists to extend this deadline or the presiding officer determines that the proceeding should be considered by the commission.(5) Filing Schedule. The commission may prescribe a schedule for providers of transmission services to file proceedings to revise the rates for such services.(6) DSP's right to pass through changes in wholesale rates. A DSP may expeditiously pass through to its customers changes in wholesale transmission rates approved by the commission, pursuant to §25.193 of this title (relating to Distribution Service Provider Transmission Cost Recovery Factors (TCRF)).(7) Reporting requirements. TSPs shall file reports that will permit the commission to monitor their transmission costs and revenues, in accordance with any filing requirements and schedules prescribed by the commission.", "sourceNote": "Source Note: The provisions of this §25.192 adopted to be effective April 13, 1999, 24 TexReg 2874; amended to be effective September 30, 1999, 24 TexReg 8162; amended to be effective December 29, 1999, 24 TexReg 11722; amended to be effective June 20, 2001, 26 TexReg 4440; amended to be effective August 25, 2010, 35 TexReg 7195; amended to be effective April 18, 2012, 37 TexReg 2613; amended to be effective July 5, 2016, 41 TexReg 4805; amended to be effective December 20, 2022, 47 TexReg8267." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148710", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.193", "label": "Distribution Service Provider Transmission Cost Recovery Factors (TCRF)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216891", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The provisions of this section apply to all investor-owned distribution service providers (DSPs) providing distribution service within the Electric Reliability Council of Texas (ERCOT) region to retail electric providers and other customers of the distribution system. (b) TCRF authorized. (1) A DSP subject to this section that is billed for transmission service by a transmission service provider (TSP) pursuant to §25.192 of this title (relating to Transmission Service Rates) shall be allowed to include within its tariff a TCRF clause that authorizes the DSP to charge or credit its customers for the amount of wholesale transmission cost changes approved or allowed by the commission to the extent that such costs vary from the transmission service cost utilized to fix the base rates of the DSP. The DSP shall update its TCRF twice per year on March 1 and September 1 to pass through the wholesale transmission cost changes billed by a TSP. For the March 1 update, the DSP shall file a request to update its TCRF no later than December 1; and for the September 1 update, no later than June 1. Within 45 days after a DSP files a request to update its TCRF, the commission shall issue an order establishing the amount of the revised TCRF and suspend the effective date of the revised TCRF as necessary so that the new TCRF charges will take effect on March 1 or September 1, as applicable. (2) A DSP shall include in its TCRF update calculation: (A) the cost of wholesale transmission cost changes approved or allowed by the commission to the extent that such costs vary from the transmission service cost utilized to fix the rates of the DSP; and (B) an adjustment amount, which shall equal: (i) the actual costs paid by the DSP during the review period to TSPs as a result of increases in the TSPs' wholesale transmission rates above the wholesale transmission rates of the TSPs used to develop the retail transmission charges of the DSP in the DSP's last rate case; minus (ii) the revenues recovered through the DSP's TCRF minus the portion of the adjustments approved by the commission in the DSP's most recent two TCRF filings that were in effect during the review period. (iii) For a March 1 TCRF update, the adjustment shall reflect the six-month period beginning with the preceding May 1 and continuing through October 31 (review period); for a September 1 update, the adjustment shall reflect the six-month period beginning with the preceding November 1 and continuing through April 30 (review period). In no event shall a DSP's TCRF clause result in the DSP recovering more than its actual cost of wholesale transmission service included in the TCRF. (c) TCRF Formula. The TCRF for each class shall be computed pursuant to the following formula: Attached Graphic(d) TCRF charges. A DSP's TCRF charge shall remain in effect until adjusted under this section or until the DSP's delivery rates change pursuant to a commission order in a rate proceeding. (e) Reports. The DSP shall maintain and provide to the commission semi-annual reports containing all information required to monitor the costs recovered through the TCRF clause. This information includes, but is not limited to, the total estimated TCRF cost for each month, the actual TCRF cost on a cumulative basis, the amount of transmission costs included in base rates, total revenues resulting from the TCRF, and the calculation of the amount to be recovered under subsection (b)(2) of this section. The reports shall be filed by March 31 and September 30 of each year.", "sourceNote": "Source Note: The provisions of this §25.193 adopted to be effective June 20, 2001, 26 TexReg 4440; amended to be effective July 17, 2003, 28 TexReg 5531; amended to be effective October 25, 2010, 35 TexReg 9491." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216891", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.195", "label": "Terms and Conditions for Transmission Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to the provision of transmission service in the Electric Reliability Council of Texas (ERCOT) region by transmission service providers (TSPs) to transmission service customers. This section also applies to ERCOT.(b) Definitions. The following terms have the following meanings unless context indicates otherwise.(1) Transmission-level generator--a transmission service customer that is an electric generating facility under §25.5 of this title (relating to Definitions), is interconnected to a TSP's system at or above 60 kilovolts (kV), and is located behind one or more unique points of interconnection.(2) Transmission system upgrade--any additional transmission facilities or modifications beyond what is required to interconnect a transmission-level generator to the transmission system. The construction of a new substation or modifications to an existing substation is not a transmission-system upgrade if necessary to interconnect a transmission-level generator.(c) Interconnection agreement. As a condition of obtaining transmission service, a transmission service customer that owns electrical facilities in the ERCOT region must execute an interconnection agreement with the TSP to which it is physically interconnected. The commission-approved standard generation interconnection agreement (SGIA) must be used for the interconnection of a new transmission service customer that is a transmission-level generator. The SGIA may be modified by mutual agreement of the parties to address specific facts presented by a particular interconnection request provided that the modifications do not frustrate the goal of expeditious, nondiscriminatory interconnection and are not otherwise inconsistent with the principles underlying the commission-approved SGIA. The SGIA must not be modified to relieve a transmission-level generator's responsibility for all costs of installing interconnection facilities that are incurred by the TSP that exceed the allowance under subsection (f) of this section.(d) Transmission service provider responsibilities. The TSP must plan, construct, operate, and maintain its transmission system in accordance with good utility practice to provide transmission service customers with transmission service over its transmission system in accordance with Division 1 of this subchapter (relating to Open-Access Comparable Transmission Service for Electric Utilities in the Electric Reliability Council of Texas). The TSP must, consistent with good utility practice, endeavor to construct and place into service sufficient transmission capacity to ensure adequacy and reliability of the network to deliver power to transmission service customer loads. The TSP must plan, construct, operate, and maintain facilities that are needed to relieve transmission constraints, as recommended by ERCOT and approved by the commission, in accordance with Division 1 of this subchapter. The construction of facilities requiring commission issuance of a certificate of convenience and necessity is subject to such commission approval.(e) Construction of new facilities. If new transmission facilities or interconnections between TSPs are needed to provide transmission service in response to a request for such service, the TSPs must construct or acquire transmission facilities necessary to provide the transmission service in accordance with good utility practice, unless ERCOT identifies an alternative means of providing the transmission service that is less costly, is operationally sound, and is as effective as the new transmission facilities would be at providing the requested transmission service.(1) An affected TSP may require the transmission service customer to pay a reasonable deposit or provide another means of security, to cover the costs of planning, licensing, and constructing any new transmission facilities that will be required in order to provide the requested service. Any repayment of a cash deposit under subparagraph (A) or (B) of this paragraph must include interest at a commercially reasonable rate based on that portion of the deposit being returned.(A) If the new transmission service customer's interconnection is completed and the transmission service customer begins to take the requested transmission service, the TSP must return the deposit or security to the transmission service customer.(B) If the new transmission service customer's interconnection is not completed and the new transmission facilities are not required, the TSP may retain as much of the deposit or security as is required to cover the costs the TSP incurred in planning, licensing, and construction activities related to the planned new transmission facilities.(2) If the TSP's acquisition or construction of the new transmission facilities would impair the tax-exempt status of obligations issued by the TSP then the TSP may require a contribution in aid of construction (CIAC) from the transmission service customer to cover all or part of the cost of acquiring and constructing the new transmission facilities.(3) For a transmission service customer that is not a transmission-level generator, the TSP is responsible for the cost of installing any new transmission facilities, other than those provided for in paragraph (2) of this subsection, in a contractual agreement between the TSP and the customer, or in a commission-approved transmission service tariff.(4) For a transmission-level generator, the costs of installing new transmission facilities must be borne in accordance with subsection (f) of this section.(f) Cost responsibilities to interconnect transmission-level generators at transmission voltage.(1) A new transmission-level generator seeking interconnection to a TSP's transmission network is responsible for the cost of installing step-up transformers and protective devices at the point of interconnection capable of electrically isolating the transmission-level generator.(2) If the SGIA between the transmission-level generator and the TSP is executed on or before December 31, 2025, then the TSP is responsible for the cost of installing any new transmission facilities.(3) If the SGIA between a transmission-level generator and TSP is executed after December 31, 2025, then the interconnecting transmission-level generator is responsible for all costs of installing interconnection facilities that are incurred by the TSP that exceed the allowance established in accordance with this paragraph. The TSP is responsible for the costs of installing any transmission system upgrades deemed necessary by the TSP.(A) The allowance will be calculated by the commission as follows:(i) For a transmission-level generator interconnecting at a transmission voltage of 138 kV or less, the allowance beginning on January 1, 2026, is based on the 2024 amount of $14,000,000 adjusted for subsequent years consistent with clause (ii) of this subparagraph. For a transmission-level generator interconnecting at a transmission voltage higher than 138kV, the allowance beginning on January 1, 2026, is based on the 2024 amount of $20,000,000 adjusted for subsequent years consistent with clause (ii) of this subparagraph.(ii) The commission will increase or decrease the allowance on or before January 1 of each calendar year in accordance with this clause. The commission will publish the new values of the allowance to be used in the subsequent calendar year on or around November 1 of each calendar year.(I) The annual adjustment will be proportional to the third quarter to third quarter percentage change in the national Consumer Price Index (CPI) published by the United States Department of Labor, Bureau of Labor Statistics.(II) The executive director must designate a substitute index to be used as a reference for adjustments under this clause if the index referenced by subclause (I) of this clause becomes unavailable.(B) A transmission-level generator that seeks to interconnect an energy storage resource is only eligible to receive the allowance described under this subsection and not additional allowances provided to interconnect load, such as may be provided under a tariff.(C) The amount of the allowance that a transmission-level generator is provided to complete the interconnection is the amount that was in effect on the date the notice to proceed with the interconnection was issued by the transmission-level generator to the TSP in accordance with the executed SGIA. A TSP's costs to procure, design, and construct or upgrade interconnection facilities that exceed the allowance must be directly billed to and collected from the transmission-level generator that caused the costs to be incurred by the TSP. The TSP may collect such costs as a contribution in aid to construction prior to procuring, designing, and constructing or upgrading the interconnection facilities.(D) Notwithstanding any payments made by a transmission-level generator under this section, an interconnecting TSP retains ownership and control of its transmission facilities.(E) After the completion and energization of the initial interconnection, the responsibility for costs incurred by a TSP for new or upgraded interconnection facilities due to modifications or expansions made by the interconnected transmission-level generator will be borne in accordance with this subparagraph.(i) For the ten calendar years following the date of energization for the initial interconnection of the transmission-level generator, and to the extent that the costs of the new or upgraded interconnection facilities needed due to modifications made by the transmission-level generator exceed the remainder of the allowance calculated under paragraph (3) of this subsection, the current owner of the transmission-level generator that is listed in the new or amended SGIA is responsible for the interconnection costs incurred by the TSP, where:(I) the allowance is the amount that was in effect on the date the notice to proceed with the initial interconnection was issued in accordance with paragraph (3) of this subsection and the executed SGIA; and(II) the remainder is the difference between the allowance described under subclause (I) of this clause and the actual costs that a TSP incurred to construct, design, and upgrade interconnection facilities to initially interconnect the transmission-level generator. The remainder will be adjusted by the TSP in accordance with the methodology in subparagraph (A)(ii) of this paragraph.(ii) After ten calendar years from the date of energization for the initial interconnection, the transmission-level generator is eligible for a new allowance determined in accordance with paragraph (3)(A) of this subsection for the costs of new or upgraded interconnection facilities necessary to accommodate modifications made by the transmission-level generator at the same point of interconnection.(F) Beginning on or around May 1, 2029, and at least every five calendar years thereafter, the commission will open a project and request comments on whether the allowance or annual allowance adjustment methodology described in paragraph (3)(A) of this subsection should be modified. If the commission determines the allowance or the annual allowance adjustment methodology should be adjusted, the commission will initiate a rulemaking proceeding.(g) Curtailment of service. In an emergency situation, as determined by ERCOT and at its direction, a TSP may interrupt transmission service on a non-discriminatory basis, if necessary, to preserve the stability of the transmission network and service to customers. Such curtailments must be carried out in accordance with §25.200 of this title (relating to Load Shedding, Curtailments, and Redispatch) and in accordance with ERCOT protocols.(h) Filing of contracts. An electric utility must file with the commission each new, and all amendments to, interconnection agreements within 30 days of execution, including a cover letter explaining any deviations from the commission-approved SGIA. An interconnection agreement is subject to commission review and approval upon request by any party to the agreement. Appropriate portions of the filings may be filed confidentially and be subject to provisions of confidentiality to protect competitively sensitive commercial or financial information.(i) Transmission-level generator interconnection costs report. ERCOT must, in consultation with commission staff, include as part of the ERCOT Generation Interconnection Status report or any successor report the generation interconnection costs for each new transmission-level generator interconnected in each calendar month based on date of energization, including the total cost of the interconnection, any CIAC paid by the transmission-level generator, and any above-allowance costs incurred by the transmission-level generator.(1) Beginning in January 2026, within 90 calendar days from the end of each calendar month the TSP must provide to ERCOT the information described in this subsection for each new transmission-level generator interconnection to the TSP's system in that calendar month.(2) Beginning in April 2027 and every calendar year thereafter, ERCOT will publish the information described in this subsection in a separate report for each new transmission-level generator interconnection to the ERCOT transmission system in the prior calendar year. ERCOT will, at a minimum, provide the information described in this subsection and total amounts for the prior calendar year.", "sourceNote": "Source Note: The provisions of this §25.195 adopted to be effective April 13, 1999, 24 TexReg 2874; amended to be effective June 20, 2001, 26 TexReg 4440; amended to be effective March 6, 2024, 49 TexReg 1262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.196", "label": "Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87267", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to transmission service provider (TSP), as defined in §25.5 (relating to Definitions), that:(1) is not required by the Public Utility Regulatory Act (PURA) §39.051 to unbundle generation and transmission activities; and(2) has retail sales of total metered electric energy for the average of the three most recent calendar years that is greater than 6,000,000 megawatt hours.(b) Standards of conduct. Each TSP subject to this section shall comply with the following standards:(1) The employees of a TSP who are engaged in wholesale merchant functions (that is, the purchase or sale of electric energy at wholesale), other than purchases required under the Public Utility Regulatory Policies Act, shall not:(A) conduct transmission system operations or reliability functions;(B) have preferential access to the TSP's system control center and other facilities, beyond the access that is available to other market participants; or(C) have preferential access to information about the TSP's transmission system that is not available to users of the electronic information network established in accordance with Division 1 of this subchapter.(2) To the maximum extent practicable, employees of a TSP engaged in transmission system operations must function independently of employees engaged in wholesale merchant functions of the TSP. Employees engaged in transmission system operations may disclose information to employees of the TSP, or of an affiliate, who are engaged in wholesale merchant functions only through the electronic information network, if the information relates to the TSP's transmission system or offerings of ancillary services, including calculations of available transmission capacity and information concerning curtailments. Employees engaged in transmission system operations may not disclose to employees of the TSP, or of an affiliate, who are engaged in wholesale merchant functions, any information that is not publicly available concerning activities of any competitors of the TSP or any of its affiliates including requests for interconnection by a transmission service customer or requests by the Electric Reliability Council of Texas (ERCOT) for comments on the scope of a system security screening study.(3) Information concerning transfers of persons between an organizational unit that is responsible for transmission system operations and a unit that is responsible for wholesale merchant functions shall be provided to the commission on a monthly basis and shall be made available, on request, to any market participant.(4) If an employee of a TSP discloses or obtains information in a manner that is inconsistent with the requirements in this subsection, the TSP shall post a notice and details of the disclosure on the information network.(5) Employees of a TSP engaged in transmission operations shall apply the rules in Division 1 of this subchapter and any tariffs relating to transmission service in a fair and impartial manner.(6) Provisions of this section that allow no discretion shall be strictly applied, and where discretion is allowed, it shall be exercised in a non-discriminatory manner.(7) This subsection shall not apply to data that do not relate to transmission service operations such as information on human resource policies.", "sourceNote": "Source Note: The provisions of this §25.196 adopted to be effective April 13, 1999, 24 TexReg 2874; amended to be effective June 20, 2001, 26 TexReg 4440." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87267", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.198", "label": "Initiating Transmission Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119676", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initiating service. Where a transmission service customer uses the transmission facilities in the Electric Reliability Council of Texas (ERCOT), whether its own facilities or those of another transmission service provider (TSP), to serve load or to make sales of energy to a third party, it shall apply for transmission service pursuant to this section, the ERCOT protocols, and commission-approved tariffs. (b) Conditions precedent for receiving service. Subject to the terms and conditions of this section and in accordance with the ERCOT protocols and commission-approved tariffs, the TSP will provide transmission service to any transmission service customer as that term is defined in §25.5 of this title (relating to Definitions), provided that: (1) the transmission service customer has complied with the applicable provisions of the ERCOT protocols; (2) the transmission service customer and the TSP have completed the technical arrangements set forth in subsection (e) of this section; and (3) if the transmission service customer operates electrical facilities that are interconnected to the facilities of a TSP, it has executed an interconnection agreement for service under this section or requested in writing that the TSP file a proposed unexecuted agreement with the commission. (c) Procedures for initiating transmission service. A transmission service customer requesting transmission service under this section must comply with the ERCOT protocols and commission-approved tariffs. (1) The transmission service customer shall provide all information deemed necessary by ERCOT to evaluate the transmission service. (2) ERCOT must acknowledge the request within ten days of receipt. When the request is complete, the acknowledgment must include a date by which a response will be sent to the transmission service customer and a statement of any fees associated with responding to the request (e.g., system studies). (3) If a transmission service customer fails to provide ERCOT with all information deemed necessary, then ERCOT shall notify the transmission service customer requesting service within 15 business days of receipt and specify the reasons for such failure. Wherever possible, ERCOT will attempt to remedy deficiencies in the application through informal communications with a transmission service customer. (4) If ERCOT determines that a system security screening study is required, upon approval of the requesting transmission service customer, ERCOT will initiate such a study. If this study concludes that the transmission system is adequate to accommodate the request for service, either in whole or in part, or that no costs are likely to be incurred for new transmission facilities or upgrades, the transmission service will be initiated or tendered, within 15 business days of completion of the system security screening study. (5) If ERCOT determines as a result of the system security screening study that additions or upgrades to the transmission system are needed to supply the transmission service customer's forecasted transmission requirements, the TSP will, upon the approval of the requesting transmission service customer, initiate a facilities study. When completed, a facilities study will include an estimate of the cost of any required facilities or upgrades and the time required to complete such construction and initiate the requested service. (6) When a transmission service customer requests transmission service for a new resource under this section, ERCOT shall establish the scope of any system security screening study. The study will be used to determine the feasibility of integrating such new resource into the TSPs' transmission system, and whether any upgrades of facilities providing transmission are needed. ERCOT will perform the system security screening study. (A) ERCOT shall complete the system security screening study and provide the results to the transmission service customer within 90 days after the receipt of an executed study agreement and receipt from the transmission service customer of all the data necessary to complete the study. In the event ERCOT is unable to complete the study within the 90-day period, it will provide the transmission service customer a written explanation of when the study will be completed and the reasons for the delay. (B) The requesting transmission service customer shall be responsible for the cost of the system security screening study and shall be provided with the results thereof, including relevant work papers to the extent such results and workpapers do not contain protected competitive information as reasonably determined by ERCOT. (C) ERCOT will use a methodology consistent with good utility practice to conduct the system security screening study and shall coordinate with affected TSPs as needed in determining the most efficient means for all TSPs in the ERCOT region to assure feasibility of transmission service. (d) Facilities study. Based on the results of the system security screening study, the TSP shall perform, pursuant to an executed facilities study agreement with the transmission service customer, a facilities study addressing the detailed engineering, design and cost of transmission facilities required to provide the requested transmission service. (1) The facilities study will be completed as soon as reasonably practicable. If the TSP may charge a contribution in aid of construction under §25.195 of this title (relating to Terms and Conditions for Transmission Service), the TSP shall notify the transmission service customer whether it considers that a contribution in aid of construction is appropriate and the amount of the contribution. The TSP shall base its request on the information in the system security screening study, the facilities study, good utility practice, and §25.195 of this title. (2) The transmission service customer shall be responsible for the reasonable cost of the facilities study pursuant to the terms of the facilities study agreement and shall be provided with the results of the facility study, including relevant workpapers. (3) Pursuant to §25.195(c)(2) of this title, the TSP shall be responsible for the costs of any planning, designing, and constructing of facilities of the TSP associated with its addition of new facilities used to provide transmission service. (e) Technical arrangements to be completed prior to commencement of service. Service under this section shall not commence until the installation has been completed of all equipment specified under the interconnection agreement, consistent with guidelines adopted by the national reliability organization and ERCOT, except that the TSP shall provide the requested transmission service, to the extent that such service does not impair the reliability of other transmission service. The TSP shall exercise reasonable efforts, in coordination with the transmission service customer, to complete such arrangements as soon as practical prior to the service commencement date. (f) Transmission service customer facilities. The provision of transmission service shall be conditioned upon the transmission service customer's constructing, maintaining and operating the facilities on its side of each point of interconnection that are necessary to reliably interconnect and deliver power from a resource to the transmission system and from the transmission system to the transmission service customer's loads. (g) Transmission arrangements for resources located outside of the ERCOT region. If a transmission service customer intends to import power from outside the ERCOT region, it shall make any transmission arrangements necessary for delivery of capacity and energy from the resource to an interconnection with ERCOT. (h) Changes in service requests. A transmission service customer's decision to cancel or delay the addition of a new resource shall not relieve the transmission service customer of the obligation to pay for any study conducted in accordance with this section. (i) Annual load and resource information updates. A transmission service customer shall provide ERCOT with annual updates of load and resource forecasts for the following five-year period. The transmission service customer also shall provide ERCOT with timely written notice of material changes in any other information provided in its application relating to the transmission service customer's load, resources, or other aspects of its facilities or operations affecting the TSP's ability to provide reliable service under Division 1 of this subchapter. (j) Termination of transmission service. A transmission service customer may terminate transmission service after providing ERCOT and the appropriate TSP with written notice of its intention to terminate. A transmission service customer's provision of notice to terminate service under this section shall not relieve the transmission service customer of its obligation to pay TSPs any rates, charges, or fees, including contributions in aid of construction, for service previously provided under the applicable interconnection service agreement, and which are owed to TSPs as of the date of termination.", "sourceNote": "Source Note: The provisions of this §25.198 adopted to be effective April 13, 1999, 24 TexReg 2874; amended to be effective December 29, 1999, 24 TexReg 11722; amended to be effective June 20, 2001, 26 TexReg 4440." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119676", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.199", "label": "Transmission Planning, Licensing and Cost-Recovery for Utilities within the Electric Reliability Council of Texas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87268", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to prescribe the procedures and criteria under which the commission may require an electric utility or a transmission and distribution utility to construct or enlarge facilities to ensure safe, reliable service and to reduce transmission constraints within the Electric Reliability Council of Texas (ERCOT) in a cost-effective manner.(b) Applicability. This section applies to all electric utilities, transmission and distribution utilities and ERCOT. This section does not apply to an electric utility or transmission and distribution utility located outside of the ERCOT region. For the purpose of this section, an electric utility includes a municipally-owned utility and an electric cooperative.(c) Eligibility for filing a request under this section. Any interested party in the ERCOT electric market may file a request for an order under this section.(d) Filing requirements. Sections 22.251(d) - (f) of this title (relating to Review of ERCOT Conduct) shall apply to proceedings under this section, except as otherwise provided. In accordance with §22.251(f) of this title, ERCOT shall file a response to the application within 14 days after it receives the notice required under subsection (g) of this section. ERCOT shall include as part of the response all existing, non-privileged documents that support ERCOT's position on the issues identified by the applicant.(e) Standard for review. The commission may require an electric utility or a transmission and distribution utility to construct or enlarge transmission facilities to ensure safe and reliable service for the state's electric markets and to reduce transmission constraints within ERCOT in a cost-effective manner where the constraints are such that they are not being resolved through Chapter 37 or the ERCOT transmission planning process. An applicant bears the burden of persuading the commission that the facilities are necessary to ensure safe and reliable service for the state's electric markets or to reduce transmission constraints within ERCOT in a cost-effective manner.(f) Threshold requirements. In its request, the applicant must plead facts that are sufficient, if proven, to show that the request is likely to be granted under the standards of this section.(1) The applicant must provide sufficient information for the presiding officer to determine that the transmission constraints are not being resolved through Chapter 37 or the ERCOT transmission planning process. In particular, the applicant shall demonstrate that:(A) the facilities are not the subject of a pending application for a certificate of convenience and necessity; and(B) the facilities have been presented to and considered in the ERCOT transmission planning process and have been rejected, or have been approved with one or more conditions that are tantamount to rejection, either in the regional planning process or by the board of directors, or ERCOT has not acted upon the application within a reasonable amount of time.(2) Within 20 days after ERCOT has filed its response to the complaint pursuant to subsection (d) of this section, the presiding officer shall make a recommendation as to whether the applicant has shown that the facts alleged, if proved, would warrant granting the application. The recommendation shall be submitted to the commission for its consideration and action at an open meeting.(g) Notice. An applicant shall serve copies of its complaint and other documents, in accordance with §22.74 of this title (relating to Service of Pleadings and Documents), and in particular shall serve a copy of the complaint on ERCOT's General Counsel, every other entity from whom relief is sought, the Office of Public Utility Counsel, and any other party as may be appropriate. The notice required by ERCOT under §22.251(e) of this title shall also be provided to all transmission service providers in ERCOT.(h) Cost effectiveness. Prior to granting a request filed pursuant to this section, the commission, together with the applicant or other parties as appropriate, may undertake a comprehensive cost-benefit analysis to consider both quantitative and qualitative costs and benefits of the proposed facilities. The analysis should consider at a minimum:(1) capital costs;(2) projected operation and maintenance costs;(3) carrying costs of the proposed upgrade;(4) a comparison of the cost of the proposed transmission project to other congestion-management techniques, such as system re-dispatch;(5) system reliability; and(6) impact on wholesale power costs in the ERCOT region.(i) Commission order. If the commission concludes that the applicant has demonstrated that the facilities are needed to ensure safe and reliable service for the state's electric markets or to reduce transmission constraints within ERCOT in a cost-effective manner and that the constraints are not being resolved through Chapter 37 or the ERCOT transmission planning process, it shall order an electric or transmission and distribution utility or utilities to construct or enlarge the requested facilities.(1) The commission shall issue the final order in a proceeding initiated under this section not later than the 180th day after the filing of a complete, non-deficient request. Notwithstanding the foregoing, however, the 180-day deadline may be extended by the commission for good cause.(2) An order adopted under this section:(A) except in the case of a municipally-owned utility, shall be contingent on the successful outcome of the subsequent certificate of convenience and necessity proceeding for the proposed facilities;(B) except in the case of a municipally-owned utility, shall include a date, appropriate for the required construction, by which the electric utility or transmission and distribution utility ordered to construct the facilities will be required to file an application for a certificate of convenience and necessity, which may be extended by the commission for good cause;(C) shall provide that the electric utility or transmission and distribution utility need not prove in any proceeding filed under PURA Chapter 37 that the construction or upgrade ordered is necessary for the convenience, accommodation, convenience or safety of the public, and need not address the factors listed in PURA §§37.056(c)(1)-(3) and (4)(E);(D) except in the case of a municipally-owned utility, shall provide that in any proceeding filed under PURA Chapter 37 the electric utility or transmission and distribution utility shall present evidence regarding reasonable times for planning, licensing and constructing the line, so that an appropriate timeline may be included in any commission final order granting a certificate for a line; and,(E) shall provide that the electric utility or transmission and distribution utility ordered to construct or enlarge the requested facilities may request the inclusion of construction work in progress (CWIP) in the electric utility or transmission and distribution utility's transmission cost of service rate proceeding. The commission will grant CWIP in accordance with §25.231 of this title (relating to Cost of Service).", "sourceNote": "Source Note: The provisions of this §25.199 adopted to be effective April 13, 2005, 30 TexReg 2055." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87268", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.200", "label": "Load Shedding, Curtailments, and Redispatch" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87269", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Procedures. The Electric Reliability Council of Texas (ERCOT) shall direct non-discriminatory emergency load shedding and curtailment procedures for responding to emergencies on the transmission system in accordance with ERCOT protocols.(b) Congestion management principles. ERCOT shall develop and implement market mechanisms to manage transmission congestion in accordance with ERCOT protocols.(c) Transmission constraints. During any period when ERCOT determines that a transmission constraint exists on the transmission system, and such constraint may impair the reliability of a transmission service provider's (TSP's) system or adversely affect the operations of either a TSP or a transmission service customer, ERCOT will take actions, consistent with good utility practice and the ERCOT protocols, that are reasonably necessary to maintain the reliability of the TSP's system and avoid interruption of service. ERCOT shall notify affected TSPs and transmission service customers of the actions being taken. In these circumstances, TSPs and transmission service customers shall take such action as ERCOT directs.(1) Service to all transmission service customers shall be restored as quickly as reasonably possible.(2) To the extent ERCOT determines that the reliability of the transmission system can be maintained by redispatching resources, or when redispatch arrangements are necessary to facilitate generation and transmission transactions for a transmission service customer, a transmission service customer will initiate procedures to redispatch resources, as directed by ERCOT.(3) To the greatest extent possible, any redispatch shall be made on a least-cost non-discriminatory basis. Except in emergency situations, any redispatch under this section will provide for equal treatment among transmission service customers.(4) ERCOT shall keep records of the circumstances requiring redispatch and the costs associated with each redispatch and file annual reports with the commission, describing costs, frequency and causes of redispatch. Costs for relieving capacity constraints shall be allocated in a manner consistent with the ERCOT protocols.(d) System reliability. Notwithstanding any other provisions of this section, a TSP may, consistent with good utility practice and on a non-discriminatory basis, interrupt transmission service for the purpose of making necessary adjustments to, changes in, or repairs to its lines, substations and other facilities, or where the continuance of transmission service would endanger persons or property. In exercising this power, a TSP's liability shall be governed by §25.214 of this title (relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities). In addition, notwithstanding any other provisions of this section, ERCOT may cause the interruption of transmission service for the purpose of maintaining ERCOT system stability and safety. In exercising this power, ERCOT shall not be liable for its ordinary negligence but may be liable for its gross negligence or intentional misconduct when legally due.(1) In the event of any adverse condition or disturbance on the TSP's system or on any other system directly or indirectly interconnected with the TSP's system, the TSP, consistent with good utility practice, may interrupt transmission service on a non-discriminatory basis in order to limit the extent of damage from the adverse condition or disturbance, to prevent damage to generating or transmission facilities, or to expedite restoration of service. The TSP shall consult with ERCOT concerning any interruption in service, unless an emergency situation makes such consultation impracticable.(2) The TSP will give ERCOT, affected transmission service customers, and affected suppliers of generation as much advance notice as is practicable in the event of an interruption.(3) If a transmission service customer fails to respond to established emergency load shedding and curtailment procedures to relieve emergencies on the transmission system, the transmission service customer shall be deemed to be in default. Any dispute over a transmission service customer's default shall be referred to alternative dispute resolution under §25.203 (relating to Alternative Dispute Resolution (ADR)) and may subject the transmission service customer to an assessment of an administrative penalty by the commission under Public Utility Regulatory Act §15.023.(4) ERCOT shall report interruptions to the commission, together with a description of the events leading to each interruption, the services interrupted, the duration of the interruption, and the steps taken to restore service.(e) Transition provision on priority for transmission service and ancillary services. Subsection (b) of this section is effective upon implementation of a single control area in the ERCOT region. Until that date, the current rules for priority of planned transmission service will continue, as provided by this subsection.(1) Any redispatch under this section will provide for equal treatment among transmission service customers, subject to the priorities set out by this paragraph. Planned transmission service shall have priority over unplanned transmission service, and annual planned transmission service shall have priority over planned transmission service of a shorter duration.(A) Subject to the foregoing priorities, for applications for planned or unplanned transmission service, complete applications filed earlier with the independent system operator shall have priority over applications that are filed later. Timely requests for annual planned transmission service will be accorded equal priority.(B) Where a transmission service customer is using annual planned transmission service for a resource that becomes unavailable due to an unplanned outage or the expiration of a power supply contract, the transmission service customer shall have priority, in using the same transmission capacity to transmit power from a replacement resource, over other requests for unplanned transmission service or planned transmission service of a shorter duration.(2) The price for redispatch services for annual planned transactions shall be based on the cost of providing the service, which shall be allocated among transmission service customers in proportion to each customer's share of the transmission cost of service, as determined by the commission under §25.192 of this title (relating to Transmission Service Rates). For redispatch required to accommodate an annual planned transaction, the electric utility providing the redispatch service shall provide information documenting the costs incurred to provide the service to the independent system operator. This information shall be available to affected persons.(3) The cost of redispatch services for other transactions (including planned transmission service of a duration of less than a year) shall be borne by the transmission service customer for whose benefit the redispatch is made. Electric utilities shall provide binding advance bids for redispatch services for unplanned transactions. The participants in unplanned transactions shall be promptly notified by the independent system operator that their transactions may be or have been continued through redispatch; shall be informed of the cost of the redispatch measures; and shall have the opportunity to abandon or curtail their transactions to avoid additional redispatch costs.(4) Electric utilities that have tariffs for ancillary services on the effective date of this section shall continue to provide services under those tariffs until ERCOT implements a single control area in the ERCOT region.(5) The following words and terms, when used in this subsection, shall have the following meanings unless the context indicates otherwise:(A) Planned resources - Generation resources owned, controlled, or purchased by a transmission customer, and designated as planned resources for the purpose of serving load.(B) Planned transmission service - A service that permits a transmission service customer to use the transmission service providers' transmission systems for the delivery of power from planned resources to loads on the same basis as the transmission service providers use their transmission systems to reliably serve their native load customers.(C) Unplanned transmission service - A service that permits a transmission service customer to use the transmission service providers' transmission systems to deliver energy to its loads from resources that have not been designated as the transmission service customer's planned resources.", "sourceNote": "Source Note: The provisions of this §25.200 adopted to be effective April 13, 1999, 24 TexReg 2874; amended to be effective June 20, 2001, 26 TexReg 4440." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87269", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.202", "label": "Commercial Terms for Transmission Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Billing and payment. Within a reasonable time after the first day of each month, transmission service providers (TSPs) shall issue invoices for the prior month's transmission service to distribution service providers (DSPs) and customers responsible for the export of power from the Electric Reliability Council of Texas (ERCOT) region.(1) An invoice for transmission service shall be paid so that the TSP will receive the funds by the 35th calendar day after the date of issuance of the invoice, unless the TSP and the transmission service customer agree on another mutually acceptable deadline. All payments shall be made in immediately available funds payable to the TSP, or by wire transfer to a bank named by the service provider or by other mutually acceptable terms.(2) Interest on any unpaid amount shall be calculated by using the interest rate applicable to overbillings and underbillings, set by the commission, and compounded monthly. Interest on delinquent amounts shall be calculated from the due date of the bill to the date of payment. When payments are made by mail, bills shall be considered as having been paid on the date of receipt by the TSP.(3) In the event the transmission service customer fails, for any reason other than a billing dispute as described in subparagraph (A) of this paragraph, to make payment to the TSP on or before the due date, and such failure of payment is not corrected within 30 calendar days after the TSP notifies the customer to cure such failure, the customer shall be deemed to be in default.(A) Upon the occurrence of a default, the TSP may initiate a proceeding with the commission to terminate service. If the commission finds that a default has occurred, the transmission service customer shall pay to the TSP an amount equal to two times the amount of the payment that the customer failed to pay, in addition to any other remedy ordered by the commission. In the event of a billing dispute between the TSP and the transmission service customer, the TSP will continue to provide service during the pendency of the proceeding, as long as the customer:(i) continues to make all payments not in dispute; and(ii) pays into an independent escrow account the portion of the invoice in dispute, pending resolution of such dispute.(B) If the transmission service customer fails to meet the requirements in subparagraph (A) of this paragraph, then the TSP will provide notice to the customer and to the commission of its intention to terminate service.(C) Any dispute arising in connection with the termination or proposed termination of service shall be referred to the alternative dispute resolution process described in §25.203 of this title (relating to Alternative Dispute Resolution (ADR)).(b) Indemnification and liability.(1) Neither a transmission service customer nor TSP shall be liable to the other for damages for any act that is beyond such party's control, including any event that is a result of an act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, a curtailment, order, regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, or by the making of necessary repairs upon the property or equipment of either party.(2) Notwithstanding the provisions of paragraph (1) of this subsection, a transmission service customer and TSP shall assume all liability for, and shall indemnify each other for, any losses resulting from negligence or other fault in the design, construction, or operation of their respective facilities. Such liability shall include a transmission service customer or TSP's monetary losses, costs and expenses of defending an action or claim made by a third person, payments for damages related to the death or injury of any person, damage to the property of the TSP or transmission service customer, and payments for damages to the property of a third person, and damages for the disruption of the business of a third person. This paragraph does not create a liability on the part of a TSP or transmission service customer to a retail customer or other third person, but requires indemnification where such liability exists. The indemnification required under this paragraph does not include responsibility for the TSP's or transmission service customer's costs and expenses of prosecuting or defending an action or claim against the other, or damages for the disruption of the business of the service provider or customer. The limitations on liability set forth in this subsection do not apply in cases of gross negligence or intentional wrongdoing.(c) Creditworthiness for transmission service. For the purpose of determining the ability of a transmission service customer to meet its obligations related to transmission and any other obligation in Division 1 of this subchapter (relating to Open-Access Comparable Transmission Service for Electric Utilities in the Electric Reliability Council of Texas), a TSP may require reasonable credit review procedures. This review shall be made in accordance with standard commercial practices.(1) The TSP may require a transmission service customer to provide and maintain in effect during the term of service, an unconditional and irrevocable letter of credit in a reasonable amount as security to meet its responsibilities and obligations under Division 1 of this subchapter or an alternative form of security proposed by the customer and acceptable to the service provider and consistent with commercial practices established by the Uniform Commercial Code that reasonably protects the TSP against the risk of non-payment. Credit worthiness standards must be applied to all transmission service customers on a non-discriminatory basis.(2) If a transmission service customer is creditworthy, no letter of credit or alternative form of security shall be required.", "sourceNote": "Source Note: The provisions of this §25.202 adopted to be effective April 13, 1999, 24 TexReg 2874; amended to be effective June 20, 2001, 26 TexReg 4440." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87270", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.203", "label": "Alternative Dispute Resolution (ADR)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "182187", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Obligation to use alternative dispute resolution. Subject to the right to seek direct commission review pursuant to subsection (f) of this section, in the event that a dispute arises under Division 1 of this subchapter (relating to Open-Access Comparable Transmission Service for Electric Utilities in the Electric Reliability Council of Texas) and the dispute is not subject to the alternative dispute resolution procedures established in the commission-approved Electric Reliability Council of Texas (ERCOT) protocols, the parties to the dispute shall engage in mediation or other alternative means for resolving the dispute, prior to filing a complaint with the commission.(b) Referral to senior representatives. Such disputes shall be referred for resolution to a designated senior representative of each of the parties to the dispute. The senior dispute representative shall be an individual who has authority to resolve the dispute. The senior dispute representatives shall make a good faith effort to resolve the dispute on an informal basis as promptly as practicable.(c) Mediation or arbitration. In the event the parties are unable to resolve the dispute under subsection (b) of this section, the parties shall either:(1) refer the matter to arbitration in accordance with procedures in subsection (d) of this section; or(2) upon agreement of all parties, engage in mediation with the assistance of a neutral third party, mutually selected by all parties concerned, who has training or experience in mediation.(d) Arbitration. If the parties choose to refer the matter to arbitration, pursuant to subsection (c) of this section:(1) The commission shall maintain a commission-approved list of qualified persons available to serve on arbitration panels who are knowledgeable in electric utility matters, including electricity transmission and bulk power issues. The commission shall also maintain a separate list of qualified persons experienced in arbitration that may be available to chair the arbitration panels.(2) A party shall initiate arbitration by filing a letter with the commission requesting that arbitration be scheduled. A copy of the letter shall be served upon the other party to the dispute at the same time the letter is filed with the commission.(3) Only parties to the dispute may participate in the arbitration.(4) Arbitration panel. Any arbitration initiated under this section shall be conducted before a three-member arbitration panel. Each party shall choose one arbitrator from the commission-approved list of panel members. In the event there are more than two parties to the dispute, the parties shall jointly select the two arbitrators. The two arbitrators chosen by the parties shall choose the chairman of the arbitration panel. If the two arbitrators chosen by the parties are unable to agree on the selection of a chairman, they will be dismissed and the parties shall select two different arbitrators from the approved list. The arbitrators are not required to choose the chairman from the names of persons on the commission's list of panel members so long as the person chosen is qualified as an arbitrator. Panel members chosen shall not have any current or past substantial business or financial relationships with any party to the arbitration (other than previous arbitration experience). The chairman of the panel shall make all necessary arrangements for arbitration to commence within ten working days of completion of the panel.(5) Procedures. The arbitrators shall provide each of the parties an opportunity to be heard and, except as otherwise provided herein, shall generally conduct the arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and any applicable commission rules. The panel may request that the parties provide additional technical information relevant to the dispute. The arbitration panel shall render a decision within 30 calendar days from the closing of the evidentiary record of the arbitration and shall notify the parties in writing of such decision and the reasons therefore. The decision shall not be considered precedent in any future proceeding.(6) Basis for decision. The arbitrators shall be authorized only to interpret and apply the provisions of the commission's rules relating to transmission services, the commission-approved ERCOT protocols, the transmission service provider's (TSP) transmission tariff, and any service agreement entered into under that tariff. The arbitrators shall have no power to modify or change any of the above in any manner. The arbitrators may agree with the positions of one or more of the parties, or may recommend a compromise position.(7) If any party to the arbitration files a complaint before the commission, the arbitration panel decision shall be filed in the commission's Central Records and shall be considered by the commission in preparing a Preliminary Order in the complaint proceeding. The complaint shall be docketed and may be referred to the State Office of Administrative Hearings. The decision may be admitted in evidence in any such complaint proceeding.(8) Costs. Each party shall be responsible for the following costs, if applicable:(A) its own costs incurred during the arbitration process;(B) its pro rata share of the costs of the three arbitrators, pooled and shared evenly among the parties.(e) Effect of pending alternative dispute resolution. The transaction which is the subject of the dispute shall be allowed to go forward pending the resolution of the dispute to the extent system reliability is not affected.(f) Effect on rights under law. Nothing in this section shall restrict the rights of any party to file a complaint with the commission under relevant provisions of the Public Utility Regulatory Act or with the Federal Energy Regulatory Commission under the Federal Power Act or the right of a TSP to seek changes in the rates or terms for transmission, following the completion of the alternative dispute resolution procedures in this section.(1) Use or application of the arbitration provisions in this subsection does not affect the jurisdiction of the commission over any matters arising under this section.(2) Nothing in this section shall restrict the right of a market participant to file a petition seeking direct relief from the commission without first utilizing the alternative dispute resolution process where an action by a TSP, distribution service provider (DSP), or ERCOT might inhibit the ability of a transmission service customer to provide continuous and adequate service to its customers.(3) Because of the imminent threat to the health and welfare of a TSP's customers in the event of a reliability problem, a petitioner's dispute will be heard by the commission in an emergency session except in those instances where a quorum of the commission is not present. In those instances where a quorum is not present, the chairman of the commission shall have the authority to issue an interim order to resolve the dispute so as to protect the reliability of the system, with the order remaining in effect until such time as a quorum is present.", "sourceNote": "Source Note: The provisions of this §25.203 adopted to be effective April 13, 1999, 24 TexReg 2874; amended to be effective June 20, 2001, 26 TexReg 4440." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "182187", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.211", "label": "Interconnection of On-Site Distributed Generation (DG)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=70703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "70703", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Unless the context indicates otherwise, this section and §25.212 of this title (relating to Technical Requirements for Interconnection and Parallel Operation of On-Site Distributed Generation) apply to an electric utility for all purposes except to the extent preempted by federal law. The only part of this section that applies to electric cooperatives is subsection (o) of this section.(b) Purpose. The purpose of this section includes stating the terms and conditions that govern the interconnection and parallel operation of both on-site distributed generation in order to implement Public Utility Regulatory Act (PURA) §39.101(b)(3) and a natural gas distributed generation facility in order to implement PURA §35.036. Sales of power by on-site distributed generation and natural gas distributed generation in the intrastate wholesale market are subject to §§25.191-25.203 of this title (relating to Open-Access Comparable Transmission Service for Electrical Utilities in the Electric Reliability Council of Texas).(c) Definitions. The following words and terms when used in this section and §25.212 of this title shall have the following meanings, unless the context indicates otherwise:(1) Application for interconnection and parallel operation or application--The form of application prescribed in subsection (q) of this section.(2) Company--An electric utility operating a distribution system.(3) Customer--Any entity interconnected to the company's utility system for the purpose of receiving or exporting electric power from or to the company's utility system.(4) Distributed natural gas generation facility--A facility installed on the customer's side of the meter that uses natural gas to generate not more than 2,000 kilowatts of electricity. (5) Facility--An electrical generating installation consisting of one or more on-site distributed generation units, including a distributed natural gas generation facility. The total capacity of the installation's on-site distributed generation units may exceed ten megawatts (MW); however, no more than ten MW of the installation's capacity will be interconnected at any point in time at the point of common coupling under this section.(6) Interconnection--The physical connection of distributed generation to the utility system in accordance with the requirements of this section so that parallel operation can occur.(7) Interconnection agreement--The form of agreement prescribed in subsection (p) of this section. The interconnection agreement sets forth the contractual conditions under which a company and a customer agree that one or more facilities may be interconnected with the company's utility system.(8) Inverter-based protective function--A function of an inverter system, carried out using hardware and software, that is designed to prevent unsafe operating conditions from occurring before, during, and after the interconnection of an inverter-based static power converter unit with a utility system. For purposes of this definition, unsafe operating conditions are conditions that, if left uncorrected, would result in harm to personnel, damage to equipment, unacceptable system instability or operation outside legally established parameters affecting the quality of service to other customers connected to the utility system.(9) Network service--Network service consists of two or more utility primary distribution feeder sources electrically tied together on the secondary (or low voltage) side to form one power source for one or more customers. The service is designed to maintain service to the customers even after the loss of one of these primary distribution feeder sources.(10) On-site distributed generation (or distributed generation)--An electrical generating facility located at a customer's point of delivery (point of common coupling) of ten megawatts (MW) or less and connected at a voltage less than 60 kilovolts (kV) which may be connected in parallel operation to the utility system.(11) Parallel operation--The operation of on-site distributed generation while the customer is connected to the company's utility system.(12) Point of common coupling--The point where the electrical conductors of the company utility system are connected to the customer's conductors and where any transfer of electric power between the customer and the utility system takes place, such as switchgear near the meter.(13) Pre-certified equipment--A specific generating and protective equipment system or systems that have been certified as meeting the applicable parts of this section relating to safety and reliability by an entity approved by the commission.(14) Pre-interconnection study--A study or studies that may be undertaken by a company in response to its receipt of a completed application for interconnection and parallel operation with the utility system. Pre-interconnection studies may include, but are not limited to, service studies, coordination studies and utility system impact studies.(15) Stabilized--A company utility system is considered stabilized when, following a disturbance, the system returns to the normal range of voltage and frequency for a duration of two minutes or a shorter time as mutually agreed to by the company and customer.(16) Tariff for interconnection and parallel operation of distributed generation--The tariff for interconnection and parallel operation of distributed generation prescribed in subsection (q) of this section.(17) Unit--A power generator.(18) Utility system--A company's distribution system below 60 kV to which the generation equipment is interconnected.(d) Terms of Service.(1) Distribution line charge. No distribution line charge shall be assessed to a customer for exporting energy to the utility system.(2) Interconnection operations and maintenance costs. No charge for operation and maintenance of a utility system's facilities shall be assessed against a customer for exporting energy to the utility system.(3) Transmission charges. No transmission charges shall be assessed to a customer for exporting energy. For purposes of this paragraph, the term transmission charges means transmission access and line charges, transformation charges, and transmission line loss charges.(4) New or amended interconnection agreements. A new or amended interconnection agreement entered into 30 or more days after the commission's approval of an electric utility's compliance tariff filed pursuant to paragraph (5) of this subsection shall meet the requirements of this section.(5) Tariffs. Not later than 30 days after the effective date of this amended section, an electric utility shall file with the commission for approval tariff amendments to comply with this amended section, including subsections (p) and (q) of this section. An electric utility shall include in its tariff the fees for interconnection studies. An electric utility that sells electricity shall also include back-up, supplemental, and maintenance power services for distributed generation in its tariff.(e) Disconnection and reconnection. A utility may disconnect a distributed generation unit from the utility system under the following conditions:(1) Expiration or termination of interconnection agreement. The interconnection agreement specifies the effective term and termination rights of company and customer. Upon expiration or termination of the interconnection agreement with a customer, in accordance with the terms of the agreement, the utility may disconnect customer's facilities.(2) Non-compliance with the technical requirements specified in §25.212 of this title. A utility may disconnect a distributed generation facility if the facility is not in compliance with the technical requirements specified in §25.212 of this title. Within two business days from the time the customer notifies the utility that the facility has been restored to compliance with the technical requirements of §25.212 of this title, the utility shall have an inspector verify such compliance. Upon such verification, the customer in coordination with the utility may reconnect the facility. (3) System emergency. A utility may temporarily disconnect a customer's facility without prior written notice in cases where continued interconnection will endanger persons or property. During the forced outage of a utility system, the utility shall have the right to temporarily disconnect a customer's facility to make immediate repairs on the utility's system. When possible, the utility shall provide the customer with reasonable notice and reconnect the customer as quickly as reasonably practical.(4) Routine maintenance, repairs, and modifications. A utility may disconnect a customer or a customer's facility with seven business days prior written notice of a service interruption for routine maintenance, repairs, and utility system modifications. The utility shall reconnect the customer as quickly as reasonably possible following any such service interruption.(5) Lack of approved application and interconnection agreement. In order to interconnect distributed generation to a utility system, a customer must first submit to the utility an application for interconnection and parallel operation with the utility system and execute an interconnection agreement on the forms prescribed by the commission. The utility may refuse to connect or may disconnect the customer's facility if such application has not been received and approved.(f) Incremental demand charges. During the term of an interconnection agreement a utility may require that a customer disconnect its distributed generation unit and/or take it off-line as a result of utility system conditions described in subsection (e)(3) and (4) of this section. Incremental demand charges arising from disconnecting the distributed generator as directed by company during such periods shall not be assessed by company to the customer.(g) Pre-interconnection studies for non-network interconnection of distributed generation. A utility may conduct a service study, coordination study or utility system impact study prior to interconnection of a distributed generation facility. In instances where such studies are deemed necessary, the scope of such studies shall be based on the characteristics of the particular distributed generation facility to be interconnected and the utility's system at the specific proposed location. By agreement between the utility and its customer, studies related to interconnection of on-site distributed generation on the customer's premises may be conducted by a qualified third party.(1) Distributed generation facilities for which no pre-interconnection study fees may be charged. A utility may not charge a customer a fee to conduct a pre-interconnection study for pre-certified distributed generation units up to 500 kW that export not more than 15% of the total load on a single radial feeder and contribute not more than 25% of the maximum potential short circuit current on a single radial feeder.(2) Distributed generation facilities for which pre-interconnection study fees may be charged. Prior to the interconnection of a distributed generation facility not described in paragraph (1) of this subsection, a utility may charge a customer a fee to offset its costs incurred in the conduct of a pre-interconnection study. In those instances where a utility conducts an interconnection study the following shall apply:(A) The conduct of such pre-interconnection study shall take no more than four weeks;(B) A utility shall prepare written reports of the study findings and make them available to the customer;(C) The study shall consider both the costs incurred and the benefits realized as a result of the interconnection of distributed generation to the company's utility system; and(D) The customer shall receive an estimate of the study cost before the utility initiates the study.(h) Network interconnection of distributed generation. Certain aspects of secondary network systems create technical difficulties that may make interconnection more costly to implement. In instances where customers request interconnection to a secondary network system, the utility and the customer shall use best reasonable efforts to complete the interconnection and the utility shall utilize the following guidelines:(1) A utility shall approve applications for distributed generation facilities that use inverter-based protective functions unless total distributed generation (including the new facility) on affected feeders represents more than 25% of the total load of the secondary network under consideration.(2) A utility shall approve applications for other on-site generation facilities whose total generation is less than the local customer's load unless total distributed generation (including the new facility) on affected feeders represents more than 25% of the total load of the secondary network under consideration.(3) A utility may postpone processing an application for an individual distributed generation facility under this section if the total existing distributed generation on the targeted feeder represents more than 25% of the total load of the secondary network under consideration. If that is the case, the utility should conduct interconnection and network studies to determine whether, and in what amount, additional distributed generation facilities can be safely added to the feeder or accommodated in some other fashion. These studies should be completed within six weeks, and application processing should then resume.(4) A utility may reject applications for a distributed generation facility under this section if the utility can demonstrate specific reliability or safety reasons why the distributed generation should not be interconnected at the requested site. However, in such cases the utility shall work with the customer to attempt to resolve such problems to their mutual satisfaction.(5) A utility shall make all reasonable efforts to seek methods to safely and reliably interconnect distributed generation facilities that will export power. This may include switching service to a radial feed if practical and if acceptable to the customer.(i) Pre-Interconnection studies for network interconnection of distributed generation. Prior to charging a pre-interconnection study fee for a network interconnection of distributed generation, a utility shall first advise the customer of the potential problems associated with interconnection of distributed generation with its network system. For potential interconnections to network systems there shall be no pre-interconnection study fee assessed for a facility with inverter systems under 20 kW. For all other facilities the utility may charge the customer a fee to offset its costs incurred in the conduct of the pre-interconnection study. In those instances where a utility conducts an interconnection study, the following shall apply:(1) The conduct of such pre-interconnection studies shall take no more than four weeks;(2) A utility shall prepare written reports of the study findings and make them available to the customer;(3) The studies shall consider both the costs incurred and the benefits realized as a result of the interconnection of distributed generation to the utility's system; and(4) The customer shall receive an estimate of the study cost before the utility initiates the study.(j) Communications concerning proposed distributed generation projects. In the course of processing applications for interconnection and parallel operation and in the conduct of pre-interconnection studies, customers shall provide the utility detailed information concerning proposed distributed generation facilities. Such communications concerning the nature of proposed distributed generation facilities shall be made subject to the terms of §25.84 of this title (relating to Annual Reporting of Affiliate Transactions for Electric Utilities), §25.272 of this title (relating to Code of Conduct for Electric Utilities and their Affiliates), and §25.273 of this title (relating to Contracts between Electric Utilities and their Competitive Affiliates). A utility and its affiliates shall not use such knowledge of proposed distributed generation projects submitted to it for interconnection or study to prepare competing proposals to the customer that offer either discounted rates in return for not installing the distributed generation, or offer competing distributed generation projects.(k) Equipment pre-certification.(1) Entities performing pre-certification. The commission may approve one or more entities that shall pre-certify equipment as defined pursuant to this section.(2) Standards for entities performing pre-certification. Testing organizations and/or facilities capable of analyzing the function, control, and protective systems of distributed generation units may request to be certified as testing organizations.(3) Effect of pre-certification. Distributed generation units which are certified to be in compliance by an approved testing facility or organization as described in this subsection shall be installed on a company utility system in accordance with an approved interconnection control and protection scheme without further review of their design by the utility.(l) Designation of utility contact persons for matters relating to distributed generation interconnection. (1) Each electric utility shall designate a person or persons who will serve as the utility's contact for all matters related to distributed generation interconnection.(2) Each electric utility shall identify to the commission its distributed generation contact person.(3) Each electric utility shall provide convenient access through its internet web site to the names, telephone numbers, mailing addresses and electronic mail addresses for its distributed generation contact person.(m) Time periods for processing applications for interconnection and parallel operation. In order to apply for interconnection the customer shall provide the utility a completed application for interconnection and parallel operation. The interconnection of distributed generation shall take place within the following schedule:(1) For a facility with pre-certified equipment, interconnection shall take place within four weeks of the utility's receipt of a completed application.(2) For other facilities, interconnection shall take place within six weeks of the utility's receipt of a completed application.(3) If interconnection of a particular facility will require substantial capital upgrades to the utility system, the company shall provide the customer an estimate of the schedule and customer's cost for the upgrade. If the customer desires to proceed with the upgrade, the customer and the company will enter into a contract for the completion of the upgrade. The interconnection shall take place no later than two weeks following the completion of such upgrades, except in situations in which a customer is not able to connect within two weeks following the completion of such upgrades, this time may be extended by agreement of the electric utility and the customer. The utility shall employ best reasonable efforts to complete such system upgrades in the shortest time reasonably practical.(4) A utility shall use best reasonable efforts to interconnect facilities within the time frames described in this subsection. If in a particular instance, a utility determines that it cannot interconnect a facility within the time frames stated in this subsection, it will notify the applicant in writing of that fact. The notification will identify the reason or reasons interconnection could not be performed in accordance with the schedule and provide an estimated date for interconnection.(5) All applications for interconnection and parallel operation shall be processed by the utility in a non-discriminatory manner. Applications shall be processed in the order that they are received. It is recognized that certain applications may require minor modifications while they are being reviewed by the utility. Such minor modifications to a pending application shall not require that it be considered incomplete and treated as a new or separate application.(n) Reporting requirements. Each electric utility shall maintain records concerning applications received for interconnection and parallel operation of distributed generation. Such records will include the name of the applicant, the business address of the applicant, and the location of the proposed facility by county, the capacity rating of the facility in kilowatts, whether the facility is a renewable energy resource as defined in §25.173 of this title (relating to Goal for Renewable Energy), the date each application is received, documents generated in the course of processing each application, correspondence regarding each application, and the final disposition of each application. The owner of a distributed generation facility that is interconnected under this section shall report to the utility any change in ownership of the facility and the cessation of operations of a facility within 14 days of such change. By March 30 of each year, every electric utility shall file with the commission a distributed generation interconnection report for the preceding calendar year that identifies each distributed generation facility interconnected with the utility's distribution system. The report shall list the new distributed generation facilities interconnected with the system since the previous year' report, any change in ownership or the cessation of operations of any distributed generation that has been reported to the electric utility and not included in the previous report, the capacity of each facility and whether it is a renewable energy resource, and the feeder or other point on the company's utility system where the facility is connected. The annual report shall also identify all applications for interconnection received during the previous one-year period, and the disposition of such applications. (o) Distributed natural gas generation facility. This subsection, as well as the other subsections of this section, apply to a distributed natural gas generation facility. This subsection does not require an electric cooperative to transmit electricity to a retail point of delivery in the certificated area of the electric cooperative if the electric cooperative has not adopted customer choice. If there is a conflict between this subsection and another subsection of this section, this subsection controls.(1) Transmission.(A) Electric utilities. At the request of the owner or operator of a distributed natural gas generation facility, an electric utility shall allow the owner or operator of the facility to interconnect with and use transmission and distribution facilities to transmit electricity to another entity that is acceptable to the owner or operator in accordance with this section and the commission's rules for open-access comparable transmission service for electric utilities in ERCOT, §§25.191 - 25.203 of this title, or a tariff approved by the Federal Energy Regulatory Commission (FERC).(B) Electric cooperatives. At the request of the owner or operator of a distributed natural gas generation facility, an electric cooperative shall allow the owner or operator of the facility to use transmission and distribution facilities to transmit the electric power to another entity that is acceptable to the owner or operator in accordance with the commission's rules for open-access comparable transmission service for electric utilities in ERCOT, §§25.191 - 25.203 of this title, or a tariff approved by FERC.(2) Interconnection Disputes. If an electric utility or electric cooperative seeks to recover from the owner or operator of a distributed natural gas generation facility an amount that exceeds the amount in the estimate provided under PURA §35.036(e) by more than 5%, the commission shall resolve the dispute at the request of the owner or operator of the facility.(p) Agreement for Interconnection and Parallel Operation of Distributed Generation.Attached Graphic(q) Tariff for Interconnection and Parallel Operation of Distributed Generation.Attached Graphic", "sourceNote": "Source Note: The provisions of this §25.211 adopted to be effective December 21, 1999, 24 TexReg 11300; amended to be effective January 8, 2001, 26 TexReg 93; amended to be effective June 11, 2012, 37 TexReg 4195; amended to be effective March 26, 2014, 39 TexReg 2067; amended to be effective January 5, 2017, 41 TexReg 10600." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=70703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "70703", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.212", "label": "Technical Requirements for Interconnection and Parallel Operation of On-Site Distributed Generation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166562", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to describe the requirements and procedures for safe and effective connection and operation of distributed generation.(1) A customer may operate 60 Hertz (Hz), three-phase or single-phase generating equipment, whether qualifying facility (QF) or non-QF, in parallel with the utility system pursuant to an interconnection agreement, provided that the equipment meets or exceeds the requirements of this section.(2) This section describes typical interconnection requirements. Certain specific interconnection locations and conditions may require the installation and use of more sophisticated protective devices and operating schemes, especially when the facility is exporting power to the utility system.(3) If the utility concludes that an application for parallel operation describes facilities that may require additional devices and operating schemes, the utility shall make those additional requirements known to the customer at the time the interconnection studies are completed.(4) Where the application of the technical requirements set forth in this section appears inappropriate for a specific facility, the customer and utility may agree to different requirements, or a party may petition the commission for a good cause exception, after making every reasonable effort to resolve all issues between the parties.(b) General interconnection and protection requirements.(1) The customer's generation and interconnection installation must meet all applicable national, state, and local construction and safety codes.(2) The customer's generator shall be equipped with protective hardware and software designed to prevent the generator from being connected to a de-energized circuit owned by the utility.(3) The customer's generator shall be equipped with the necessary protective hardware and software designed to prevent connection or parallel operation of the generating equipment with the utility system unless the utility system service voltage and frequency is of normal magnitude.(4) Pre-certified equipment may be installed on a company's utility systems in accordance with an approved interconnection control and protection scheme without further review of their design by the utility. When the customer is exporting to the utility system using pre-certified equipment, the protective settings and operations shall be those specified by the utility.(5) The customer will be responsible for protecting its generating equipment in such a manner that utility system outages, short circuits or other disturbances including zero sequence currents and ferroresonant over-voltages do not damage the customer's generating equipment. The customer's protective equipment shall also prevent unnecessary tripping of the utility system breakers that would affect the utility system's capability of providing reliable service to other customers.(6) For facilities greater than two megawatts (MW), the utility may require that a communication channel be provided by the customer to provide communication between the utility and the customer's facility. The channel may be a leased telephone circuit, power line carrier, pilot wire circuit, microwave, or other mutually agreed upon medium.(7) Circuit breakers or other interrupting devices at the point of common coupling must be capable of interrupting maximum available fault current. Facilities larger than two MW and exporting to the utility system shall have a redundant circuit breaker unless a listed device suitable for the rated application is used.(8) The customer will furnish and install a manual disconnect device that has a visual break that is appropriate to the voltage level (a disconnect switch, a draw-out breaker, or fuse block), and is accessible to the utility personnel, and capable of being locked in the open position. The customer shall follow the utility's switching, clearance, tagging, and locking procedures, which the utility shall provide for the customer.(c) Prevention of interference. To eliminate undesirable interference caused by operation of the customer's generating equipment, the customer's generator shall meet the following criteria:(1) Voltage. The customer will operate its generating equipment in such a manner that the voltage levels on the utility system are in the same range as if the generating equipment were not connected to the utility's system. The customer shall provide an automatic method of disconnecting the generating equipment from the utility system if a sustained voltage deviation in excess of +5.0 % or -10% from nominal voltage persists for more than 30 seconds, or a deviation in excess of +10% or - 30% from nominal voltage persists for more than ten cycles. The customer may reconnect when the utility system voltage and frequency return to normal range and the system is stabilized.(2) Flicker. The customer's equipment shall not cause excessive voltage flicker on the utility system. This flicker shall not exceed 3.0% voltage dip, in accordance with Institute of Electrical and Electronics Engineers (IEEE) 519 as measured at the point of common coupling.(3) Frequency. The operating frequency of the customer's generating equipment shall not deviate more than +0.5 Hertz (Hz) or -0.7 Hz from a 60 Hz base. The customer shall automatically disconnect the generating equipment from the utility system within 15 cycles if this frequency tolerance cannot be maintained. The customer may reconnect when the utility system voltage and frequency return to normal range and the system is stabilized.(4) Harmonics. In accordance with IEEE 519 the total harmonic distortion (THD) voltage shall not exceed 5.0% of the fundamental 60 Hz frequency nor 3.0% of the fundamental frequency for any individual harmonic when measured at the point of common coupling with the utility system.(5) Fault and line clearing. The customer shall automatically disconnect from the utility system within ten cycles if the voltage on one or more phases falls below - 30% of nominal voltage on the utility system serving the customer premises. This disconnect timing also ensures that the generator is disconnected from the utility system prior to automatic re-close of breakers. The customer may reconnect when the utility system voltage and frequency return to normal range and the system is stabilized. To enhance reliability and safety and with the utility's approval, the customer may employ a modified relay scheme with delayed tripping or blocking using communications equipment between customer and company.(d) Control, protection and safety equipment requirements specific to single phase generators of 50 kilowatts (kW) or less connected to the utility's system. Exporting to the utility system may require additional operational or protection devices and will require coordination of operations with the host utility. The necessary control, protection, and safety equipment specific to single-phase generators of 50 kW or less connected to secondary or primary systems include an interconnect disconnect device, a generator disconnect device, an over-voltage trip, an under-voltage trip, an over/under frequency trip, and a synchronizing check for synchronous and other types of generators with stand- alone capability.(e) Control, protection and safety equipment requirements specific to three-phase synchronous generators, induction generators, and inverter systems. This subsection specifies the control, protection, and safety equipment requirements specific to three phase synchronous generators, induction generators, and inverter systems. Exporting to the utility system may require additional operational or protection devices and will require coordination of operations with the utility.(1) Three phase synchronous generators. The customer's generator circuit breakers shall be three-phase devices with electronic or electromechanical control. The customer is solely responsible for properly synchronizing its generator with the utility. The excitation system response ratio shall not be less than 0.5. The generator's excitation system(s) shall conform, as near as reasonably achievable, to the field voltage versus time criteria specified in American National Standards Institute Standard C50.13-1989 in order to permit adequate field forcing during transient conditions. For generating systems greater than two MW the customer shall maintain the automatic voltage regulator (AVR) of each generating unit in service and operable at all times. If the AVR is removed from service for maintenance or repair, the utility's dispatching office shall be notified.(2) Three-phase induction generators and inverter systems. Induction generation may be connected and brought up to synchronous speed (as an induction motor) if it can be demonstrated that the initial voltage drop measured on the utility system side at the point of common coupling is within the visible flicker stated in subsection (c)(2) of this section. Otherwise, the customer may be required to install hardware or employ other techniques to bring voltage fluctuations to acceptable levels. Line-commutated inverters do not require synchronizing equipment. Self-commutated inverters whether of the utility-interactive type or stand-alone type shall be used in parallel with the utility system only with synchronizing equipment. Direct-current generation shall not be operated in parallel with the utility system.(3) Protective function requirements. The protective function requirements for three phase facilities of different size and technology are listed below.(A) Facilities rated ten kilowatts (kW) or less must have an interconnect disconnect device, a generator disconnect device, an over-voltage trip, an under-voltage trip, an over/under frequency trip, and a manual or automatic synchronizing check (for facilities with stand alone capability).(B) Facilities rated in excess of 10 kW but not more than 500 kW must have an interconnect disconnect device, a generator disconnect device, an over- voltage trip, an under-voltage trip, an over/under frequency trip, a manual or automatic synchronizing check (for facilities with stand alone capability), either a ground over-voltage trip or a ground over-current trip depending on the grounding system if required by the company, and reverse power sensing if the facility is not exporting (unless the generator is less than the minimum load of the customer).(C) Facilities rated more than 500 kW but not more than 2,000 kW must have an interconnect disconnect device, a generator disconnect device, an over- voltage trip, an under-voltage trip, an over/under frequency trip, either a ground over-voltage trip or a ground over-current trip depending on the grounding system if required by the company, an automatic synchronizing check (for facilities with stand alone capability) and reverse power sensing if the facility is not exporting (unless the facility is less than the minimum load of the customer). If the facility is exporting power, the power direction protective function may be used to block or delay the under frequency trip with the agreement of the utility.(D) Facilities rated more than 2,000 kW but not more than 10,000 kW must have an interconnect disconnect device, a generator disconnect device, an over- voltage trip, an under-voltage trip, an over/under frequency trip, either a ground over-voltage trip or a ground over-current trip depending on the grounding system if required by the company, an automatic synchronizing check and AVR for facilities with stand alone capability, and reverse power sensing if the facility is not exporting (unless the facility is less than the minimum load of the customer). If the facility is exporting power, the power direction protective function may be used to block or delay the under frequency trip with the agreement of the utility. A telemetry/transfer trip may also be required by the company as part of a transfer tripping or blocking protective scheme.(f) Facilities not identified. In the event that standards for a specific unit or facility are not set out in this section, the company and customer may interconnect a facility using mutually agreed upon technical standards.(g) Requirements specific to a facility paralleling for sixty cycles or less (closed transition switching). The protective devices required for facilities ten MW or less which parallel with the utility system for 60 cycles or less are an interconnect disconnect device, a generator disconnect device, an automatic synchronizing check for generators with stand alone capability, an over-voltage trip, an under-voltage trip, an over/under frequency trip, and either a ground over-voltage trip or a ground over-current trip depending on the grounding system, if required by the utility.(h) Inspection and start-up testing. The customer shall provide the utility with notice at least two weeks before the initial energizing and start-up testing of the customer's generating equipment and the utility may witness the testing of any equipment and protective systems associated with the interconnection. The customer shall revise and re-submit the application with information reflecting any proposed modification that may affect the safe and reliable operation of the utility system.(i) Site testing and commissioning. Testing of protection systems shall include procedures to functionally test all protective elements of the system up to and including tripping of the generator and interconnection point. Testing will verify all protective set points and relay/breaker trip timing. The utility may witness the testing of installed switchgear, protection systems, and generator. The customer is responsible for routine maintenance of the generator and control and protective equipment. The customer will maintain records of such maintenance activities, which the utility may review at reasonable times. For generation systems greater than 500 kW, a log of generator operations shall be kept. At a minimum, the log shall include the date, generator time on, and generator time off, and megawatt and megavar output. The utility may review such logs at reasonable times.(j) Metering. Consistent with Chapter 25, Subchapter F of this title (relating to Metering), the utility may supply, own, and maintain all necessary meters and associated equipment to record energy purchases by the customer and energy exports to the utility system. The customer shall supply at no cost to the utility a suitable location on its premises for the installation of the utility's meters and other equipment. If metering at the generator is required in such applications, metering that is part of the generator control package will be considered sufficient if it meets all the measurements criteria that would be required by a separate stand alone meter.", "sourceNote": "Source Note: The provisions of this §25.212 adopted to be effective December 21, 1999, 24 TexReg 11300." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166562", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.213", "label": "Metering for Distributed Renewable Generation and Certain Qualifying Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167895", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to transmission and distribution utilities, excluding river authorities; an electric utility subject to Public Utility Regulatory Act (PURA) Chapter 39, Subchapter L; distributed renewable generation owners as defined in §25.217 of this title (relating to Distributed Renewable Generation); and the entity responsible for settlement.(b) Metering.(1) Upon request by a customer that has, or is in the process of installing distributed renewable generation with a capacity of less than 50 kilowatts (kW) on the retail electric customer's side of the meter and that desires to measure the generation's out-flow production, an electric utility shall provide metering at the point of common coupling using one or two meters that separately measure both the customer's electricity consumption from the distribution network and the out-flow that is delivered from the customer's side of the meter to the distribution network and separately report each metered value to the transmission and distribution utility. The two metered values shall be separately accounted for by the entity responsible for settlement.(2) Upon request by a retail electric customer that has, or is in the process of installing distributed renewable generation with a capacity equal to or greater than 50 kW up to 2,000 kW on the retail electric customer's side of the meter, an electric utility shall provide one or two interval data recorders at the point of common coupling that separately measure both the customer's electricity consumption from the distribution network and the out-flow that is delivered from the retail electric customer's side of the meter to the distribution network and separately report each metered value to the transmission and distribution utility. The two metered values shall be separately accounted for by the entity responsible for settlement.(3) Upon request by a retail electric customer that has, or is in the process of installing distributed renewable generation with a capacity of less than 50 kW on the retail electric customer's side of the meter and that does not desire to measure the generation's out-flow production, an electric utility shall provide metering in accordance with paragraph (1) of this subsection or, at the electric utility's option, install a meter that measures the customer's electricity consumption from the distribution network but does not measure the out-flow that is delivered from the retail electric customer's side of the meter to the distribution network. Unless an existing distributed renewable generation owner requests to have the existing meter replaced, the electric utility may, at its option and expense, replace an existing distributed renewable generation owner's meter with a meter of a type specified in this rule.(4) Pursuant to the applicable schedule in its tariff, an electric utility shall charge for the customer's electricity consumption from the distribution network as measured by the metering installed pursuant to paragraph (1), (2) or (3) of this subsection.(5) An electric utility shall not provide metering for purposes of PURA §39.914(d) and PURA §39.916(f), that is inconsistent with paragraph (1), (2) or (3) of this subsection, unless ordered by the commission.(6) The distributed renewable generation owner shall pay any significant differential cost of the metering.(7) Electric utilities shall file tariffs for metering under this section within 60 days of its effective date.(8) Distributed renewable generation owners may begin selling out-flow at any time. Electric utilities are required to comply with paragraphs (1), (2) and (3) of this subsection, as they relate to reporting the two metered values. The entity responsible for settlement is required to accept the meter data provided pursuant to paragraph (1), (2) or (3) of this subsection.(9) The entity responsible for settlement shall have a process for settlement of electricity consumption and out-flow that reflects time of generation.(c) Metering Provisions Specific to an Electric Utility Subject to PURA Chapter 39, Subchapter L.(1) This subsection applies to an electric utility subject to PURA Chapter 39, Subchapter L.(2) An electric utility shall provide the additional option of interconnection through a single meter that runs forward and backward for a customer that is either:(A) an apartment house occupied by low-income elderly tenants that qualifies for master metering under Texas Utilities Code §184.012(b) and the distributed renewable generation is reasonably expected to generate not less than 50 percent of the apartment house's annual electricity use; or(B) has a qualifying facility with a design capacity of 50 kW or less and that uses a renewable energy resource.(3) The net metering option provided by paragraph (2) of this subsection is available only if the distributed renewable generation or qualifying facility is rated to produce an amount of electricity that is less than or equal to:(A) the customer's estimated annual kilowatt-hour consumption for a new apartment house or qualifying facility; or(B) the amount of electricity the customer consumed in the year before installation of the distributed renewable generation or qualifying facility.(4) Measured net consumption shall be billed under the electric utility's standard tariff schedule applicable to the customer. Measured net production shall be purchased in accordance with §25.217 of this title.(5) The electric utility shall credit the payments to the customer's monthly electric service bill, and specify in the bill the amount of non-firm energy purchased in kilowatt hours. If the payment for non-firm energy supplied to the electric utility exceeds the total of the owner's monthly electric service bill, a credit balance of not more than $50 shall be carried forward to the owner's next monthly bill. The electric utility shall refund to the customer a credit balance that is not carried forward, or the portion of a credit balance that exceeds $50, if the credit balance is carried forward.(6) An electric utility shall install, maintain, and retain ownership of the meter(s) and metering equipment installed for purposes of this subsection and may install load research metering equipment on the premises of the owner, at no expense to the owner.(7) At the request of an electric utility, the customer shall:(A) provide and install a meter socket, a metering cabinet, or both a socket and cabinet at a location designated by the electric utility on the premises of the owner; and(B) provide, at no expense to the electric utility, a suitable location for the electric utility to install meters and equipment associated with billing and load research.", "sourceNote": "Source Note: The provisions of this §25.213 adopted to be effective May 14, 2008, 33 TexReg 3735; amended to be effective March 26, 2014, 39 TexReg 2074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167895", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.214", "label": "Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89456", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §39.203 as it relates to the establishment of non-discriminatory terms and conditions of retail delivery service, including delivery service to a Retail Customer at transmission voltage, provided by a transmission and distribution utility (TDU), and to standardize the terms of service among TDUs. A TDU shall provide retail delivery service in accordance with the terms and conditions set forth in this section to those Retail Customers participating in the pilot project pursuant to PURA §39.104 on and after June 1, 2001, and to all Retail Customers on and after January 1, 2002. By clearly stating these terms and conditions, this section seeks to facilitate competition in the sale of electricity to Retail Customers and to ensure reliability of the delivery systems, customer safeguards, and services. (b) Application. This section, which includes the pro-forma tariff set forth in subsection (d) of this section, governs the terms and conditions of retail delivery service by all TDUs in Texas. The terms and conditions contained herein do not apply to the provision of transmission service by non-ERCOT utilities to retail customers. (c) Tariff. Each TDU in Texas shall file with the commission a tariff to govern its retail delivery service using the pro-forma tariff in subsection (d) of this section. The provisions of this tariff are requirements that shall be complied with and offered to all REPs and Retail Customers unless otherwise specified. TDUs may add to or modify only Chapters 2 and 6 of the tariff, reflecting individual utility characteristics and rates, in accordance with commission rules and procedures to change a tariff; however the only modifications the TDU may make to 6.1.2.1 are to insert the commission-approved rates. Additionally, in Company specific discretionary service filings, Company shall propose timelines for discretionary services to the extent applicable and practical. Chapters 1, 3, 4, and 5 of the pro-forma tariff shall be used exactly as written. These chapters can be changed only through the rulemaking process. If any provision in Chapter 2 or 6 conflicts with another provision of Chapters 1, 3, 4, and 5, the provision found in Chapters 1, 3, 4, and 5 shall apply, unless otherwise specified in Chapters 1, 3, 4, and 5. (d) Pro-forma Retail Delivery Tariff. Tariff for Retail Delivery Service. Attached Graphic", "sourceNote": "Source Note: The provisions of this §25.214 adopted to be effective February 12, 2001, 26 TexReg 1310; amended to be effective May 31, 2001, 26 TexReg 3743; amended to be effective November 27, 2003, 28 TexReg 10435; amended to be effective May 11, 2006, 31 TexReg 3668; amended to be effective January 24, 2008, 33 TexReg 555; amended to be effective July 5, 2009, 34 TexReg 4306; amended to be effective July 1, 2010, 35 TexReg 4669; amended to be effective January9, 2011, 35 TexReg 11858; amended to be effective November 28, 2011, 36 TexReg 7982; amended to be effective September 1, 2013, 38 TexReg 5452; amended to be effective January 15, 2015, 39 TexReg 5354." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89456", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.215", "label": "Terms and Conditions of Access by a Competitive Retailer to the Delivery System of a Municipally Owned Utility or Electric Cooperative that has Implemented Customer Choice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137055", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §39.203 as it relates to the establishment of non-discriminatory terms and conditions of access by competitive retailers to the delivery systems of municipally owned utilities and electric cooperatives that have implemented customer choice. Retail delivery service, including delivery service to a retail customer at transmission voltage, shall be provided directly to retail customers by a municipally owned utility or an electric cooperative that has implemented customer choice. A municipally owned utility or an electric cooperative that has implemented customer choice shall provide retail delivery service in accordance with the rates, terms and conditions set forth in the delivery service tariffs promulgated by the municipally owned utility or an electric cooperative.(b) Application. This section and the pro-forma access tariff set forth in subsection (d) of this section govern the terms and conditions of access by competitive retailers at the point of supply to retail customers connected to the delivery systems of municipally owned utilities and electric cooperatives that have implemented customer choice.(c) Access tariff. Not later than the 90th day before the date customer choice is offered, each municipally owned utility or electric cooperative in Texas shall file with the Public Utility Commission of Texas (commission) its access tariff governing access by competitive retailers to retail customers connected to the delivery system of the municipally owned utility or electric cooperative using the pro-forma access tariff in subsection (d) of this section. A municipally owned utility or an electric cooperative may add to or modify only Chapters 2 and 5 of the access tariff, reflecting individual characteristics and rates. Chapters 1, 3, and 4 of the pro-forma access tariff shall be used exactly as written; these Chapters can be changed only through the rulemaking process. The access tariff, however, shall contain the name of the municipally owned utility or electric cooperative in lieu of \"(Utility)\".(d) Pro-forma access tariff. The commission adopts by reference the form \"Tariff for Competitive Retailer Access,\" effective date of August 23, 2001. This form is available in the commission's Central Records division and on the commission's website at www.puc.state.tx.us.", "sourceNote": "Source Note: The provisions of this §25.215 adopted to be effective October 10, 2001, 26 TexReg 7825." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137055", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.216", "label": "Selection of Transmission Service Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156615", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to any transmission service provider (TSP), or entity seeking to become a TSP, that submits an application to construct, operate, and maintain one or more competitive renewable energy zone (CREZ) Transmission Plan (CTP) Facilities.(b) Purpose. The purpose of this section is to state the requirements that govern the selection and performance of one or more TSPs, or entities seeking to become TSPs, that will be responsible for the construction, operation, and maintenance of CTP Facilities.(c) Definitions. The following words and terms when used in this section have the following meaning unless the context indicates otherwise:(1) CREZ Transmission Plan (CTP)--The transmission capacity plan required by §25.174(c)(2) of this title (relating to Competitive Renewable Energy Zones).(2) CTP Facility--A transmission line with or without a substation or any other transmission facility as identified in the CTP and designated by the commission.(3) CTP Proposal--An application to serve as a Designated TSP for one or more CTP Facilities that is submitted by an Interested TSP.(4) Designated TSP--An Interested TSP that the commission has designated to construct, operate, and maintain one or more CTP Facilities.(5) Interested TSP--An entity seeking status as a Designated TSP that meets the definition of a TSP as defined by §25.5(143) of this title (relating to Definitions) or that commits to meeting such definition as necessary to fulfill its obligations as a Designated TSP.(6) Funds from operations--Net income from continuing operations, depreciation and amortization, deferred income taxes, and other non-cash items.(7) Total debt--Long-term debt, current maturities, commercial paper, and other short-term borrowings.(8) Historically underutilized business--Defined by Texas Government Code §481.191, as it may be amended.(9) Interest--Gross interest without subtracting capitalized interest and interest income.(d) Selection process. The following steps outline the process the commission will employ to select Designated TSPs.(1) The commission will initiate a proceeding that will invite each Interested TSP to file a CTP Proposal. The presiding officer shall set a procedural schedule that will enable the commission to decide the issues in the proceeding within 180 days after the deadline to file CTP Proposals unless good cause exists for setting a different schedule. The presiding officer may sever issues or CTP Proposals into separate proceedings.(2) For each existing CTP Facility requiring an upgrade or modification, the commission will select the owner of the facility to be the Designated TSP for the CTP Facility, unless the owner requests that a different Interested TSP be selected or good cause exists to select another transmission service provider.(3) For each new CTP Facility, the commission will select a Designated TSP pursuant to subsection (e) of this section.(e) Selection of Designated TSP. The commission will evaluate each CTP Proposal received by considering, at a minimum, the current and expected capabilities of the Interested TSP to finance, license, construct, operate, and maintain the CTP Facility or Facilities in the most beneficial and cost-effective manner and the expertise of the Interested TSP's staff, the Interested TSP's projected capital costs and operating and maintenance costs for each CTP Facility, the Interested TSP's proposed schedule for development and completion of each CTP Facility, the Interested TSP's financial resources, the Interested TSP's expected use of historically underutilized businesses unless the Interested TSP is an electric cooperative or municipally owned utility, and the Interested TSP's understanding of the specific requirements to implement the CTP Facilities in its CTP Proposal and, if applicable, the Interested TSP's previous transmission experience and the Interested TSP's historical operating and maintenance costs for its existing transmission facilities.(1) Each Interested TSP shall submit with its CTP Proposal the following information:(A) A description of the process that the Interested TSP will use for the preparation of any required application for a certificate of convenience and necessity (CCN).(B) For each CTP Facility transmission line, a general description of the proposed structure types (lattice, monopole, etc.) and composition (wood, steel, concrete, hybrid, etc.), conductor size and type, and right-of-way (ROW) width.(C) The projected in-service date of each CTP Facility.(D) A discussion of the type of resources, including relevant capability and experience (in-house labor, contractors, other TSPs, etc.) contemplated for use by the Interested TSP for the licensing, design, engineering, material and equipment procurement, ROW and land acquisition, construction, and project management related to the construction of each CTP Facility.(E) A discussion of the type of resources contemplated by the Interested TSP for operating and maintaining each CTP Facility after it is placed in-service.(F) A discussion of the capability and experience of the Interested TSP that would enable it to comply with all on-going scheduling, operating, and maintenance activities required for each CTP Facility, including those required by policies, rules, guidelines, and procedures established by the Electric Reliability Council of Texas independent system operator or other independent organization, if applicable.(G) Resumes for key management personnel that will be involved in obtaining a transmission CCN and constructing, operating, and maintaining each CTP Facility.(H) A discussion of the Interested TSP's business practices that demonstrates that its business practices are consistent with good utility practices for proper licensing, designing, ROW acquisition, constructing, operating, and maintaining CTP Facilities. The Interested TSP shall also provide the following information for the current calendar year and the five calendar years immediately preceding its filing under subsection (d)(1) of this section.(i) A summary of law violations by the Interested TSP found by federal regulatory agencies, state public utility commissions, other regulatory agencies, or attorneys general.(ii) A summary of any instances in which the Interested TSP is currently under investigation or is a defendant in a proceeding involving an attorney general or any state or federal regulatory agency, for violation of any laws, including regulatory requirements.(I) For each CTP Facility transmission line, the estimated direct costs in current dollars to construct (including design, engineering, materials, labor, transportation and other necessary expenses but excluding ROW and land acquisition) representative tangent, 30-degree, and 90-degree structures suitable for the type of conductor that would be used. The estimated costs shall be provided for each type of structure that might be used such as lattice, monopole, etc.(J) For each CTP Facility transmission line, a detailed explanation and estimate of the Interested TSP's anticipated average annual operating and maintenance cost-per-mile in current dollars for the line for the first 10 years of operation. Also, the Interested TSP shall provide the actual average direct operating and maintenance cost-per-mile incurred by the Interested TSP for each of the last five calendar years for all transmission lines owned and operated by the Interested TSP that have the same voltage as the CTP Facility transmission line.(K) The Interested TSP's overhead rate for managing third-parties, if the Interested TSP contemplates the use of third-parties to perform any function related to the licensing, construction, operation, or maintenance of the CTP Facility and the willingness of the Interested TSP to maintain the overhead rate for the managing of the third-party operation and maintenance for a fixed period of time after the CTP Facility has been energized.(L) The Interested TSP's preexisting procedures and historical practices for acquiring ROW and land and managing ROW and land acquisition for transmission facilities. If the Interested TSP does not have such preexisting procedures, it shall provide a detailed description of its plan for acquiring ROW and land and managing ROW and land acquisition.(M) The Interested TSP's preexisting procedures and historical practices for mitigating the impact of transmission facilities on affected landowners and for addressing public concerns regarding transmission facilities. If the Interested TSP does not have such preexisting procedures, it shall provide a detailed description of its plan for mitigating the impacts on affected landowners and addressing public concerns regarding CTP Facilities.(N) A proposed financial plan that confirms that:(i) adequate capital resources are available to the Interested TSP to allow the Interested TSP to finance the CTP Facilities, and(ii) no significant negative impact on the creditworthiness or financial condition of the Interested TSP, as demonstrated in paragraph (2)(A) - (D) of this subsection, will occur as a result of the Interested TSP's construction, operation, and maintenance of the CTP Facilities. In evaluating an Interested TSP's financial plan the commission will consider the terms of the proposed financing available to the Interested TSP including variable and fixed cost financing, short-term and long-term maturities and an Interested TSP's willingness and ability to fix the cost of financing for a fixed period of time.(O) An affidavit by an officer of the Interested TSP stating that the information in the application is true and that the Interested TSP will comply with the applicable rules in this title and with the Public Utility Regulatory Act (PURA).(P) Other evidence, at the discretion of the Interested TSP, which supports its selection as a Designated TSP.(Q) Unless the Interested TSP is an electric cooperative or municipally owned utility, a description of the Interested TSP's use of historically underutilized businesses for the last five calendar years and expected use of historically underutilized businesses.(R) Subparagraphs (A) - (N) of this paragraph do not apply to a CTP Proposal that is supported or unopposed by all parties in the proceeding by the deadline to file the CTP Proposal.(2) The Interested TSP must establish that it has adequate financial resources as described in subparagraphs (A) - (G) of this paragraph.(A) The Interested TSP holds a CCN issued by the commission for electric transmission facilities, or the Interested TSP holds a CCN issued by the commission to provide retail electric service and operates electric transmission facilities in Texas;(B) The Interested TSP or its parent company or controlling shareholder or another company providing a bond guaranty or corporate commitment to the Interested TSP under subparagraph (E) of this paragraph must demonstrate an investment-grade credit rating as defined in subparagraph (E) of this paragraph; or(C) The Interested TSP must establish that it has:(i) assets less any goodwill but including regulatory assets in excess of liabilities of at least 40% of the projected total cost of the CTP Facility on its most recent audited financial statements; and(ii) the following minimum financial ratios, adjusted to exclude transition bonds of subsidiaries, obtained from the Interested TSP's most recent audited financial statements:(I) funds from operations-to-interest coverage of 1.5x;(II) funds from operations-to-total debt of 10%; and(III) total debt-to-total capital no greater than 65%. However, the commission may choose not to require compliance with the minimum financial ratios if the Interested TSP cannot meet them because of non-recurring events that are projected to be favorable to ratepayers and the Interested TSP's long-term operations and financial condition, such as a large asset addition to its rate base.(D) Notwithstanding subparagraphs (A) - (C) of this paragraph, the commission may determine that an Interested TSP is eligible for selection as a Designated TSP if the Interested TSP provides evidence satisfactory to the commission that it has the capability to finance the proposed CTP Facility it proposes to construct, operate, and maintain.(E) For an Interested TSP to establish its investment-grade credit rating, it may rely upon its own investment-grade credit rating or a bond, guaranty, or corporate commitment of an investment-grade rated company. The determination of such investment-grade quality will be based on the credit ratings provided by Standard & Poor's (S&P), Moody's Investor Services (Moody's), or any other nationally recognized rating agency. The minimum investment credit ratings that will satisfy the requirements of this paragraph include \"BBB-\" for S&P, \"Baa3\" for Moody's, or their financial equivalent. If the relied-upon rating agency suspends or withdraws the investment grade credit rating, the Interested TSP shall provide alternative financial evidence within ten days of such suspension or withdrawal.(F) To the extent an Interested TSP is an electric utility as defined in PURA §31.002(6) and relies on an affiliated transmission and distribution utility for credit, investment, or other financing arrangements, it shall demonstrate that any such arrangement complies with §25.272(d)(7) of this title (relating to Code of Conduct for Electric Utilities and their Affiliates).(G) The Interested TSP shall provide a summary of any history of bankruptcy, dissolution, merger, or acquisition of the Interested TSP or any predecessors in interest for the current calendar year and the five calendar years immediately preceding its filing under this subsection (d)(1) of this section.(f) Performance of Designated TSP.(1) If the commission determines that a Designated TSP has failed to submit a CCN application in compliance with the order designating it for a CTP Facility, the commission may revoke the designation awarded to it, and select another entity for the CTP Facility.(2) Within six months of the date the commission grants the CCN for CTP Facilities, the Designated TSP shall, based on the latest available information, file with the commission the following information.(A) The estimated total cost for each CTP Facility in the following categories:(i) CCN acquisition;(ii) ROW and land acquisition;(iii) engineering and design;(iv) procurement of material and equipment; and(v) construction of facilities.(B) An implementation schedule for each CTP Facility that provides start and completion dates for the following four major functions:(i) engineering and design;(ii) ROW and land acquisition;(iii) material and equipment procurement; and(iv) construction of facilities. The implementation schedule shall also include the estimated in-service date of the CTP Facilities.(3) During implementation of each CTP Facility, the Designated TSP shall, within 30 days of becoming aware of any implementation schedule change that is greater than 60 days for the estimated dates provided pursuant to paragraph (2)(B) of this subsection, file with the commission a detailed explanation of the reasons for the change.(4) If the commission determines that the Designated TSP has failed to comply with the CCN order for the CTP Facility, the commission may revoke the CCN.(5) Each Designated TSP shall file an updated total cost for each of its CTP Facilities requiring a CCN, one year after CCN approval and annually thereafter until the CTP Facility is placed in-service.(g) Filing requirements.(1) Notwithstanding §25.174(c)(4) of this title, the commission may establish and amend a filing schedule for the submission of CCN applications for CTP Facilities.(2) A Designated TSP shall use the commission form entitled \"Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line Pursuant to P.U.C. Subst. R. 25.174\" when filing a CCN application for a CTP Facility.(3) A Designated TSP filing a CCN application for a CTP Facility shall also file all direct testimony in support of the application at the time the application is filed.", "sourceNote": "Source Note: The provisions of this §25.216 adopted to be effective July 9, 2008, 33 TexReg 5301." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156615", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.217", "label": "Distributed Renewable Generation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208468", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to owners of distributed renewable generation, retail electric providers (REPs), the program administrator for the renewable energy credits trading program pursuant to §25.173 of this title (relating to Goal for Renewable Energy), and electric utilities, including transmission and distribution utilities (TDUs), but excludes river authorities that are electric utilities.(b) Definitions. The following terms when used in this section have the following meanings, unless the context indicates otherwise:(1) Distributed renewable generation (DRG)--Electric generation equipment with a capacity of not more than 2,000 kilowatts provided by a renewable energy technology, as defined by Public Utility Regulatory Act §39.904(d), installed on a retail electric customer's side of the meter.(2) Distributed renewable generation owner (DRGO)--A person who owns DRG; a retail electric customer on whose side of the meter DRG is installed and operated, regardless of whether the customer takes ownership of the distributed renewable generation; or a person who by contract is assigned ownership rights to energy produced from DRG located at the premises of the customer on the customer's side of the meter.(3) Independent school district solar generation (ISD-SG)--Solar electric generation equipment installed on the customer's side of the meter at a building or other facility owned or operated by an independent school district, irrespective of the level of generation capacity.(4) Independent school district solar generation owner (ISD-SG Owner)--A person who owns ISD-SG.(5) Interconnection--The physical connection of DRG or ISD-SG to an electric utility distribution system in accordance with this section and §25.211 of this title (relating to Interconnection of On-Site Distributed Generation (DG)), §25.212 of this title (relating to Technical Requirements for Interconnection and Parallel Operation of On-Site Distributed Generation), and §25.213 of this title (relating to Metering for Distributed Renewable Generation).(6) Out-flow--Energy produced by DRG or ISD-SG and delivered to an electric utility distribution system.(c) Interconnection.(1) An electric utility shall permit interconnection of DRG or ISD-SG if:(A) the DRGO provides credible tangible proof that the DRG to be interconnected has or had an original manufacturer's warranty against breakdown or undue degradation for at least five years;(B) the rated capacity of the DRG or ISD-SG does not exceed the electric utility's service capacity; and(C) the DRG or ISD-SG is in compliance with applicable requirements of §25.211 and §25.212 of this title.(2) An electric utility may disconnect a DRG or ISD-SG pursuant to §25.211(e) of this title.(3) An electric utility shall not require a DRGO or ISD-SG Owner whose generation capacity is not more than 2,000 kilowatts and whose DRG or ISD-SG meets the standards established by this section to purchase an amount, type, or classification of liability insurance the DRGO or ISD-SG Owner would not have in the absence of the DRG or ISD-SG.(4) An existing or prospective DRGO or ISD-SG Owner may request interconnection by submitting an application for interconnection with the electric utility. The application shall be on a form approved by the commission and processed by the electric utility in accordance with §25.211 and §25.212 of this title.(5) Metering is addressed by §25.213 of this title and, for certain qualifying facilities, by §25.242(h)(4) of this title (relating to Arrangements Between Qualifying Facilities and Electric Utilities).(d) Renewable Energy Credits (RECs). A DRGO or ISD-SG is subject to the certification requirements in §25.173 of this title to be eligible to receive RECs. Any RECs or compliance premiums resulting from the operation of DRG or ISD-SG are the property of the DRGO or ISD-SG Owner unless sold or otherwise transferred by the DRGO or ISD-SG Owner. The REC program administrator shall award the RECs or compliance premiums to the DRGO or ISD-SG Owner pursuant to §25.173 of this title. The purchase of out-flows does not automatically confer any rights of REC ownership on the purchaser.(e) Sale of out-flows by an ISD-SG Owner.(1) In areas of the state in which customer choice has not been introduced, the electric utility serving the load of an ISD-SG Owner shall buy all ISD-SG out-flows at a value consistent with §25.242 of this title.(2) In areas in which customer choice has been introduced, ISD-SG Owners who choose to sell out-flows shall sell out-flows to the REP that serves the premises at which the ISD-SG is located, at a value to which both parties agree.(3) If a REP's service to an ISD-SG Owner is terminated, any outstanding amounts due to the ISD-SG Owner may be used to offset outstanding bill amounts but in all cases shall be remitted by the REP no later than 30 days after the REP receives the usage data and any related invoices for non-bypassable charges.(f) Sale of out-flows by a DRGO.(1) In areas in which customer choice has not been introduced, the electric utility serving the DRGO's load shall buy all DRG out-flows at a value consistent with the requirements of §25.242 of this title.(2) In areas in which customer choice has been introduced, DRGOs who choose to sell out-flows shall sell their out-flows to the REP that serves the premises at which the DRG is located at a value to which both parties agree.(3) If a REP's service to a DRGO is terminated, any outstanding amounts due to the DRGO may be used to offset outstanding bill amounts but in all cases shall be remitted by the REP no later than 30 days after the REP receives the usage data and any related invoices for nonbypassable charges.(g) Transition provision. Electric utilities and REPs shall make reasonable efforts to inform existing and potential DRGOs and ISD-SG Owners of their rights and obligations pursuant to this chapter, and shall change existing metering and purchase arrangements to conform to this section. However, a metering or purchase arrangement that is required by a contract that exists on the effective date of this section shall be changed to conform to this section effective the date the contract expires. The expiration date of such a contract may be extended by the DRGO or ISD-SG Owner if the existing terms of the contract give the DRGO or ISD-SG Owner the unilateral right to extend the expiration date. Notwithstanding the foregoing provisions of this subsection, a roll-back meter must be replaced no later than the date customer choice is offered in the area in which the roll-back meter is located.(h) Authority to act on behalf of a customer. If any person purports to act on behalf of the retail customer pursuant to this section or §§25.211, 25.212 or 25.213 of this title, such person must demonstrate contractual authority to do so by letter of agency or otherwise.(i) Exemptions. Neither a retail electric customer that uses distributed renewable generation nor the owner of the distributed renewable generation that the retail electric customer uses is an electric utility, power generation company, or retail electric provider for the purposes of this chapter and is not required to register with or be certified by the commission if at the time distributed renewable generation is installed, the estimated annual amount of electricity to be produced by the distributed renewable generation is less than or equal to the retail electric customer's estimated annual electricity consumption.", "sourceNote": "Source Note: The provisions of this §25.217 adopted to be effective January 8, 2009, 34 TexReg 187; amended to be effective June 11, 2012, 37 TexReg 4195." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208468", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.218", "label": "Middle Mile Broadband Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213192", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and application. This section implements Public Utility Regulatory Act (PURA) Chapter 43, permitting an electric utility to implement middle mile broadband service for excess fiber capacity. This section applies to an electric utility, including a transmission and distribution utility, regardless of whether the utility is offering customer choice under PURA Chapter 39.(b) Definitions. The following terms, when used in this section, have the following meanings, unless the context indicates otherwise.(1) Affected property owner--an owner of real property that is burdened by an easement or other property right owned or leased by an electric utility that will be affected by the installation or operation of middle mile broadband service on an electric delivery system or other facilities of the electric utility. A state or local government body that owns a public right of way and a property owner whose real property is burdened by an existing easement or other property right that permits the provision of third-party middle mile broadband service on an electric utility delivery system are not affected property owners.(2) Affiliated internet service provider--an internet service provider that is an affiliate of the electric utility that provides or intends to provide a plan for middle mile broadband service under this section.(3) Broadband service--retail internet service provided by a commercial internet service provider with the capability of providing a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second.(4) Electric delivery system--the power lines and related transmission and distribution facilities constructed to deliver electric energy to the electric utility's customers.(5) Excess fiber capacity--fiber capacity neither utilized nor reserved for current or planned electric utility operations.(6) Internet service provider--a commercial entity that provides internet services to end-user customers on a retail basis.(7) Middle mile broadband service--the provision of excess fiber capacity on an electric utility's electric delivery system or other facilities to an internet service provider to provide broadband service. The term does not include provision of internet service to end-use customers on a retail basis.(8) Underserved area--means one or more census blocks that are not an unserved area and in which 80 percent or more of end-user addresses in each census block either lack access to broadband service with a download speed not less than 100 megabits per second and an upload speed not less than 20 megabits per second, or lack access to reliable broadband service with those speeds as determined using Federal Communications Commission mapping criteria, if available.(9) Unserved area--means one or more census blocks, in which 80 percent or more of the end-user addresses in each census block either have no access to broadband service, or lack access to reliable broadband service as determined using Federal Communications Commission mapping criteria, if available.(c) Authorization for middle mile broadband service.(1) An electric utility may own, construct, maintain, and operate fiber optic cables and other facilities for providing middle mile broadband service to an internet service provider for the purpose of providing broadband service in unserved and underserved areas consistent with the requirements of this section. The electric utility has the right to decide, in its sole discretion, whether to implement middle mile broadband service and may not be penalized for deciding to implement or not to implement that service.(2) An electric utility that elects to provide middle mile broadband service must determine on a nondiscriminatory basis which internet service providers may access excess fiber capacity on the electric utility's electric delivery system or other facilities and provide access points to allow connection between the electric utility's electric delivery system or other facilities and the systems of those internet service providers. An electric utility is prohibited from leasing excess fiber capacity to provide middle mile broadband service to an affiliated internet service provider.(3) The electric utility must provide access to excess fiber capacity only on reasonable and nondiscriminatory terms and conditions that assure the electric utility the unimpaired ability to comply with and enforce all applicable federal and state requirements regarding the safety, reliability, and security of the electric delivery system.(4) Nothing in this section is intended to restrict an electric utility from owning, constructing, maintaining, or operating fiber optic cables or a broadband system for the electric utility's own use to support the operation of the electric utility's electric delivery system or for other lawful purposes.(d) Charges. An electric utility that owns and operates facilities to provide middle mile broadband service may lease excess fiber capacity on the electric utility's electric delivery system or other facilities to an internet service provider on a wholesale basis and must charge the internet service provider for the use of the electric utility's system for all costs directly attributable to providing middle mile broadband service. The rates, terms, and conditions of a lease of excess fiber capacity described by this section must be nondiscriminatory. An electric utility may not lease excess fiber capacity to provide middle mile broadband service to an affiliated internet service provider.(e) Participation by electric utility.(1) An electric utility may install and operate facilities to provide middle mile broadband service on any part of its electric delivery system or other facilities for internet service providers but may not construct new electric delivery facilities for the purpose of expanding the electric utility's middle mile broadband service.(2) An electric utility that owns and operates middle mile broadband service:(A) may lease excess fiber capacity on the electric utility's electric delivery system or other facilities to an internet service provider on a wholesale basis; and(B) may not provide internet service to end-use customers on a retail basis.(f) Commission review of electric utility middle mile broadband service plan.(1) Filing requirements. An electric utility that plans to deploy middle mile broadband service must submit to the commission a written plan that includes:(A) a demonstration that the middle mile broadband service will be used only for unserved and underserved areas based on a broadband availability map developed by the Broadband Development Office or Federal Communications Commission, to the extent that such a broadband availability map is available, accurate, and developed using criteria reasonably consistent with this section; in the absence of an appropriate map, an electric utility may demonstrate that an area is unserved or underserved using other available and necessary information;(B) a sworn statement by a cybersecurity expert attesting that the electric utility's cybersecurity has been properly addressed for implementing and providing middle mile broadband service, a copy of the cybersecurity expert's resume or curriculum vitae, and a description of the expert's cybersecurity expertise;(C) the route of the middle mile broadband service infrastructure proposed for the project;(D) the location of the electric utility's infrastructure that will be used in connection with the project;(E) an estimate of potential unserved or underserved broadband customers that would be served by the internet service provider;(F) the capacity, number of fiber strands, and any other facilities of the middle mile broadband service that will be available to lease to internet service providers;(G) the estimated cost of the project, including an itemization of engineering costs, construction costs, permitting costs, right-of-way costs, a reasonable allowance for funds used during construction, and all other costs associated with the lease and use of the electric utility's system for middle mile broadband service by internet service providers;(H) the proposed schedule of construction for the project;(I) a copy of the lease with the internet service provider for middle mile broadband service and a statement attesting that the lease is in compliance with subsections (c)(2) and (3), and subsection (d) of this section;(J) a copy of the final order and the docket number for the electric utility's last comprehensive base-rate case proceeding;(K) a disclosure of all state and federal funds, including but not limited to, subsidies, grants, and tax benefits, credits, or deductions, utilized by the electric utility and internet service provider in association with the provision of middle mile broadband service;(L) a demonstration that the revenues received from the provision of middle mile broadband service under the plan offset all costs directly attributable to the middle mile broadband service, including but not limited to, construction, maintenance, operations, taxes, other costs, and return;(M) testimony, exhibits, and other evidence that demonstrate the project will allow for the provision and maintenance of middle mile broadband service to unserved and underserved areas with a sworn statement attesting compliance with subsection (e) of this section;(N) unless otherwise specified, testimony, exhibits, or other evidence that fully support the information required by subparagraphs (A) - (M) of this paragraph; and(O) any other information that the applicant considers relevant.(2) Notice and intervention deadline. On or before the day after an electric utility files its plan, the electric utility must provide notice in accordance with this paragraph. The notice must include the docket number assigned to the electric utility's filed written plan. Within 10 days of the date service of notice is completed, an electric utility must file, in the docket assigned to its written plan, proof of notice to the persons or entities specified under subparagraphs (A) and (B) of this paragraph and a list of such parties by name specifying whether the person or entity qualifies as an affected property owner under subsection (b)(1) of this section. Failure by an electric utility to provide timely notice, as determined by the presiding officer, will toll the intervention deadline under subparagraph (E) of this paragraph until the date timely notice is issued. Affected property owners automatically qualify as intervenors for proceedings under this section.(A) Notice to affected property owners under this section must:(i) Be sent by first class mail to the last known address of each affected property owner whose property is listed on the most recent tax roll of each county authorized to levy property taxes against the property and, if available, by electronic service.(ii) Conspicuously state in plain language:(I) that the electric utility has determined the recipient is an affected property owner as defined under 16 Texas Administrative Code §25.218(b)(1) and that the mailing is a notice of intent to use the utility's easement for middle mile broadband implementation;(II) the recipient's status as an affected property owner means the utility's easement or other property right planned by the utility for the provision of third-party middle mile broadband service does not include language permitting middle mile broadband service;(III) that under PURA Chapter 43 and 16 Texas Administrative Code §25.218, a utility may implement middle mile broadband service without modifying or expanding the easement if the affected property owner does not submit a timely written protest;(IV) that a written protest may be submitted electronically in the docket for the middle mile broadband proceeding using the interchange on the commission's website or mailed with reference to the docket to Commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326;(V) the project number for the filing of notice of written plans and the docket number for utility's specific middle mile broadband plan;(VI) that a written protest can be filed for any reason;(VII) that a written protest is considered timely if submitted not later than the 60th day from the postmarked date of the notice;(VIII) that a submitted written protest can be retracted at any time by the recipient through a mailed or electronic filing with the commission in the specified docket, or resolved by written agreement with the electric utility;(IX) that other legal authorization could override the written protest;(X) an estimated schedule for construction with a statement that the schedule is subject to change;(XI) the recipient qualifies as an intervenor and may seek to intervene in the docket, and that intervention is not the same as a written protest;(XII) specify the intervention deadline in accordance with subparagraph (E) of this paragraph; and(XIII) a link or website address for the commission website for public participation.(iii) State whether any new fiber optic cables used for middle mile broadband service will be located above or below ground in the easement or other property right.(B) Notice to the following persons or entities must be sent by first class mail to the last known address of the person or entity or by electronic service:(i) all parties in the electric utility's last comprehensive base-rate proceeding;(ii) property owners whose property is listed on the most recent tax roll of each county authorized to levy property taxes against the property and whose real property is burdened by an existing easement, right-of-way or other property right that permits the provision of third-party middle mile broadband service on an electric utility delivery system;(iii) the Office of Public Utility Counsel; and(iv) municipalities crossed by or within five miles of the planned project and counties that are crossed by the planned project.(C) Notice to the parties described under subparagraph (B) of this paragraph must conspicuously state in plain language:(i) that the electric utility has determined the recipient is not an affected property owner as defined under Chapter 16, Texas Administrative Code §25.218(b)(1), that the mailing is a notice of intent to use the utility's easement for implementation of middle mile broadband service, and that the electric utility's determination may be challenged in the docket listed in the notice if the person or entity files a motion to intervene in the proceeding and that motion to intervene is granted by the presiding officer;(ii) the intervention deadline in accordance with subparagraph (E) of this paragraph; and(iii) a link or website address for the commission website for public participation.(D) The electric utility must file a notice of written middle mile broadband plan proceeding and must include in the notice the docket number for the proceeding. The commission will designate a project number for the filing of notice of plans under this section. This filing serves as notice to all other interested parties.(E) The intervention deadline is 45 days from the date the utility files its notice of written middle mile broadband plan proceeding in accordance with subparagraph (D) of this paragraph. The lapse of the intervention deadline does not prevent an affected property owner from submitting a written protest under subparagraph (F) of this paragraph.(F) Protest by affected property owner.(i) Not later than the 60th day after the postmarked date an electric utility mails notice to affected property owners in accordance with subparagraph (A) of this paragraph, an affected property owner may submit to the electric utility a written protest of the intended use of the easement or other property right for middle mile broadband service by filing the protest with the commission in the docket assigned to the middle mile broadband plan proceeding. For purposes of this section, an electric utility is deemed to have received a written protest filed with the commission in the appropriate docket number.(ii) If an electric utility receives a written protest directly from an affected property owner, the electric utility must file the protest with the commission within three working days of receipt.(iii) An electric utility that receives a timely written protest from an affected property owner must not use the easement or other property right for middle mile broadband service unless that use is authorized by law or the protester later retracts its protest or agrees in writing to that use.(iv) An electric utility that receives a timely written protest from an affected property owner regarding the proposed middle mile broadband plan may cancel the project at any time.(v) An electric utility that receives any timely written protests must file an update with the commission that any applicable protests have been resolved in accordance with clause (iii) of this subparagraph before implementing its middle mile broadband plan.(vi) If an affected property owner fails to submit a timely written protest, an electric utility may proceed with a commission-approved plan to provide middle mile broadband service without modifying or expanding the easement for the property owner.(3) Commission processing of electric utility's plan.(A) The commission must approve, modify, or reject an electric utility's middle mile broadband plan submitted to the commission under this section not later than the 181st day after the date all information necessary for the plan to be deemed materially sufficient was filed.(B) Following the filing of a plan by an electric utility under this section, the commission may review the electric utility's plan for middle mile broadband service under subsection (f) of this section or refer the application to the State Office of Administrative Hearings (SOAH). Upon referral to SOAH:(i) The commission delegates authority to the presiding officer to deem plans sufficient, approve plans, and modify approved plans filed under this subsection through a notice of approval under §22.35(b)(1) (relating to Informal Disposition) of this title.(ii) The presiding officer will review for sufficiency the electric utility's plan for middle mile broadband service under paragraph (1) of this subsection and notice to potential intervenors under paragraph (2) of this subsection.(iii) The presiding officer must establish a procedural schedule that will enable the commission to, approve, modify, or reject the plan not later than the 181st day after the date all information necessary for the plan to be deemed materially sufficient was filed.(C) A motion to find a plan filing materially deficient must be filed no later than seven days after the intervention deadline. The motion must specify the nature of the deficiency, the relevant portions of the plan, and cite the particular requirement under paragraph (1) of this subsection with which the plan is alleged not to comply. The electric utility's response to a motion to find a plan materially deficient must be filed no later than five working days after such motion is received.(D) An approved plan may be updated or amended subject to commission approval in accordance with this subsection.(g) Cost recovery for deployment of middle mile broadband facilities.(1) An electric utility's investment in facilities installed by that electric utility to provide middle mile broadband service under a plan approved by the commission under this section is eligible for inclusion in the electric utility's invested capital.(2) In a proceeding under PURA Chapter 36, revenue received by an electric utility from an internet service provider for the use of middle mile broadband service must be applied as a revenue credit to customers in proportion to the customers' funding of the underlying infrastructure. For purposes of this paragraph, the term ‘customers' refers to ‘rate classes.'(3) An electric utility submitting a plan must ensure that revenues received by the electric utility from the provision of middle mile broadband service offset all costs directly attributable to the middle mile broadband service, including but not limited to, construction, maintenance, operations, taxes, other costs, and return.(4) If revenues received by an electric utility from an internet service provider for the use of middle mile broadband service are insufficient to offset the costs under paragraph (3) of this subsection, the utility must ensure that its regulated rates prevent ratepayer cross-subsidization.(h) Reliability of electric systems maintained.(1) An electric utility that installs and operates facilities to provide middle mile broadband service must employ all reasonable measures to ensure that the operation of the middle mile broadband service does not interfere with or diminish the reliability of the electric utility's electric delivery system.(2) If a disruption in the provision of electric service occurs, the electric utility is governed by the terms and conditions of the retail electric delivery service tariff.(3) The electric utility may take all necessary actions regarding its middle mile broadband service and the facilities required in the provision of that service to address circumstances that may pose health, safety, security, or reliability concerns.(4) At all times, the provision of broadband service is secondary to the reliable provision of electric delivery services.(5) Except as provided by contract or tariff, an electric utility is not liable to any person, including an internet service provider, for any damages, including direct, indirect, physical, economic, exemplary, or consequential damages, including loss of business, loss of profits or revenue, or loss of production capacity caused by a fluctuation, disruption, or interruption of middle mile broadband service that is caused in whole or in part by:(A) force majeure; or(B) the electric utility's provision of electric delivery services, including actions taken by the electric utility to ensure the reliability and security of the electric delivery system and actions taken in response to address all circumstances that may pose health, safety, security, or reliability concerns.", "sourceNote": "Source Note: The provisions of this §25.218 adopted to be effective April 21, 2022, 47 TexReg 1993." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213192", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.219", "label": "Terms and Conditions of Access by a Competitive Retailer to the Delivery System of a Municipally Owned Utility or Electric Cooperative that Implements Customer Choice after May 1, 2023" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and Application. This section and the pro-forma access tariff set forth in subsection (c) of this section establish and govern the non-discriminatory terms and conditions of access by competitive retailers to the delivery system of a municipally owned utility or electric cooperative that implements customer choice after May 1, 2023. This section applies to a municipally owned utility or electric cooperative that implements, or is preparing to implement, customer choice after May 1, 2023. For purposes of this section, the date a municipally owned utility or electric cooperative opens its territory to retail competition is the date it implements customer choice. A municipally owned utility or electric cooperative that implements customer choice after May 1, 2023 is not required to comply with §25.215 of this title (relating to Terms and Conditions of Access by a Competitive Retailer to the Delivery System of a Municipally Owned Utility or Electric Cooperative that has Implemented Customer Choice). (b) A municipally owned utility or electric cooperative that has implemented customer choice after May 1, 2023 must provide retail delivery service, including delivery service to a retail customer at transmission voltage, to retail customers. Retail delivery service must be provided in accordance with the rates, terms, and conditions set forth in the delivery service tariffs promulgated by the municipally owned utility or electric cooperative. (c) Access tariff. Not later than the 90th day before the date a municipally owned utility or electric cooperative to which this rule applies implements customer choice, the municipally owned utility or electric cooperative must file with the commission its tariff governing access by competitive retailers to retail customers connected to the delivery system of the municipally owned utility or electric cooperative using the pro-forma access tariff in subsection (d) of this section. A municipally owned utility or an electric cooperative may add to or modify only Chapters 2 and 5 of the access tariff, reflecting individual characteristics and rates. Chapters 1, 3, and 4 of the pro-forma access tariff must be used exactly as written; these Chapters can be changed only through the rulemaking process. The access tariff, however, must contain the name of the municipally owned utility or electric cooperative in lieu of \"[Utility]\".(d) Pro-Forma Retail Access Tariff. Tariff for Retail Access. Attached Graphic", "sourceNote": "Source Note: The provisions of this §25.219 adopted to be effective April 12, 2023, 48 TexReg 1822." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "494", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.221", "label": "Electric Cost Separation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to identify the costs incurred by electric utilities that provide retail electric utility service, and to separate such costs into four categories: generation service, transmission service, distribution service, and customer service. This section establishes procedures for cost separation.(b) Application. This section shall apply to electric utilities that provide retail electric service in Texas. This section shall not apply to municipal utilities.(c) Definitions. As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise:(1) Affected utilities--Shall refer to all utilities to which this section applies.(2) Customer service--A service that consists of metering, billing, tariff administration, energy service, and related services. Customer service does not include generation service, transmission service, or distribution service; however, it does include all retail customer interaction necessary for the administration of tariffs that include charges for generation service, transmission service, and distribution service.(3) Distribution service--A service that ensures safe and reliable delivery of electric power from the transmission system to retail customers, generally, but not exclusively, below 60 kilovolts. Distribution service does not include generation service, transmission service, or customer service.(4) Generation service--The production and purchase of electricity for retail customers and the production, purchase, and sale of electricity in the wholesale power market.(5) Transmission service--As defined in §25.5 of this title (relating to Definitions). For the purpose of this section, ancillary service, as defined in §25.5 of this title, is a component of transmission service.(6) Working day--A day on which the commission is open for the conduct of business.(d) Cost separation. Affected utilities shall maintain a cost-accounting and records system based on the Federal Energy Regulatory Commission chart of accounts system, as it may be updated, to ensure that the costs associated with generation service, transmission service, distribution service, and customer service are accurately and separately identified. Affected utilities shall create and maintain any additional accounts necessary to identify and separate costs incurred to provide retail electric utility service. Within the customer service category, the utility shall separate its costs on its books in sufficient detail to track costs specific to unique services, activities, or functions. The commission may adopt cost separation guidelines to assist affected utilities in separating their costs.(e) Compliance filing.(1) Affected utilities shall report to the commission on strategies to comply with the cost separation requirements of this section in accordance with the commission cost separation guidelines. The filing shall provide a narrative that discusses the types of distribution and customer service costs and activities that the utility will begin to track separately to comply with this section. The narrative shall explain the changes needed in accounting procedures, activity tracking, timekeeping, and other management functions necessary to track the newly segregated costs, including a list that identifies costs that the utility will begin to track separately.(2) Compliance filing date. Affected utilities shall make a compliance filing according to the following schedule:(A) Investor-owned electric utilities shall file by December 31, 1998.(B) All other affected utilities shall file by December 31, 1999.", "sourceNote": "Source Note: The provisions of this §25.221 adopted to be effective September 16, 1998, 23 TexReg 9316." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27865", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "TRANSMISSION AND DISTRIBUTION" }, "rule": { "number": "§25.223", "label": "Unbundling of Energy Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226918", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to identify all energy services, and determine which energy services must be provided by tariff and which energy services are currently provided in competition with non-utility suppliers. This section also allows the commission to set forth the terms and conditions for public access to non-proprietary utility information.(b) Application. This section applies to electric utilities that provide retail electric service in Texas. This section does not apply to municipal utilities.(c) Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:(1) Accessible utility information--Information compiled by an affected utility during the normal course of providing electric service. This includes, but is not limited to, information used to prepare electric tariffs, to provide electric service to customers, or to market, sell, or demonstrate any electric or energy-related service or product. Accessible utility information does not include:(A) administrative information necessary for the operation of the affected utility;(B) proprietary customer information;(C) trade secrets; or(D) information that the affected utility demonstrates is competitively sensitive.(2) Affected utilities--Refers to all utilities to which this section applies.(3) Customer service--As defined in §25.221 of this title (relating to Electric Cost Separation).(4) Distribution service--As defined in §25.221 of this title.(5) Energy service--A service provided by an affected utility that is related to the provision of electric service by the affected utility. Energy service may be a component of either customer service or distribution service, or may be a separate, competitively-available service. Energy service includes, but is not limited to:(A) explanation of tariff options and determination of the appropriate rate schedule for a retail customer and related software and services;(B) administration of commission-authorized demand-side resource contracts;(C) administration of commission-authorized low-income programs and activities;(D) sale, financing, installation, operation, warranty, or repair of energy-consuming, customer-premise equipment;(E) the provision of energy efficiency and load management services;(F) the provision of technical assistance relating to any customer-premises process or device that consumes electricity, including energy audits;(G) sale, financing, installation, operation, warranty, or repair of customer-premises power quality and reliability equipment and related diagnostic services;(H) the provision of anything of value to trade groups, builders, developers, financial institutions, architects and engineers, landlords, and other persons involved in making decisions relating to investments in energy-consuming equipment or buildings on behalf of the ultimate retail electricity customer;(I) sale, financing, installation, operation, warranty, or repair of customer-premises power-generation equipment and related services;(J) the provision of information relating to customer usage other than as required for the rendering of a monthly electric bill, including electrical pulse service;(K) communications services related to any energy service not essential for the retail sale of electricity;(L) home and property security services;(M) non-roadway, outdoor security lighting;(N) building or facility design and related engineering services, or analysis and design of energy-related industrial processes;(O) hedging and risk management services;(P) propane and other energy-based services;(Q) retail marketing, selling, demonstration, and merchant activities;(R) customer education, including school programs and community education activities;(S) advertising, including safety advertising;(T) economic development and community affairs; and(U) other activities identified by the commission.(6) Proprietary customer information--Any information compiled by an electric utility on a customer in the normal course of providing electric service which makes possible the identification of any individual customer by matching such information with the customer's name, address, account number, type or classification of service, historical electricity usage, expected patterns of use, types of facilities used in providing service, individual contract terms and conditions, price, current charges, billing records, or any other information that the customer has expressly requested not be disclosed. Information that is aggregated, redacted, or organized in such a way as to make it impossible to identify the customer to whom the information relates does not constitute proprietary customer information.(d) Review of energy services. The commission will review the energy services of affected utilities through the filing procedures set forth in this section.(e) Accessible utility information. All affected utilities shall make accessible utility information available on the following terms:(1) Public access. Affected utilities shall file service regulations that allow non-discriminatory public access to accessible utility information. The service regulations shall describe the information, available formats, procedures for obtaining access, and the charges, if any, for accessing this information. The service regulations shall comply with the confidentiality and disclosure protections of this section. Individual customer information shall be eliminated from the data as necessary to comply with this section, and customer information shall be aggregated only to the extent necessary to protect proprietary customer information, except where a customer has waived in writing the protection of proprietary customer information.(2) Access plan. Affected utilities shall submit to the commission a plan relating to the creation and maintenance of accessible utility information. The plan shall indicate the utility operating unit responsible for the information, the access required by other operating units, the type of information to be maintained, and the type of information to be created and maintained in the future. The utility shall indicate whether any accessible utility information has been destroyed during the past three years.(3) Historic information. Information relating to the period prior to the effective date of this section shall include a description of the information and the year to which it relates. Such information shall be made available according to the following schedule:(A) Non-customer-specific load-research data, hourly-load-profile data, appliance- and equipment-saturation surveys, and market surveys shall be made available within 60 days of the effective date of this section. This subparagraph applies to the most recent data of each type.(B) All other accessible utility information shall be made available upon request.(4) New information. Accessible utility information collected subsequent to the effective date of this section shall be described in separate service regulations. Internet accessibility is encouraged to provide equal access to the other operating units of the affected utility, to interested persons, and to affiliates of the utility.(5) Protection of information. This section does not require a utility to divulge competitively-sensitive information, proprietary customer information, corporate support service information, or trade secrets.(f) Filing. Affected utilities shall file descriptions of the energy services provided by the utility on forms provided by the commission, their plan for accessible utility information, and any new service regulations relating to accessible utility information. The commission shall review these materials and notify the utility of acceptance within 120 days. Affected utilities shall make a filing for this section according to the following schedule:(1) Affected utilities with more than one million meters on the effective date of this rule and any electric utility affiliated with such utilities shall file within 30 days of the effective date of this section.(2) Affected utilities with more than 100,000 meters but fewer than one million meters on the effective date of this rule and any electric utility affiliated with such utilities shall file within 45 days of the effective date of this section.(3) All other affected utilities shall file within 60 days of the effective date of this section.", "sourceNote": "Source Note: The provisions of this §25.223 adopted to be effective November 26, 1998, 23 TexReg 11798." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226918", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.231", "label": "Cost of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "75116", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Components of cost of service. Except as provided for in subsection (c)(2) of this section, relating to invested capital; rate base, and §23.23(b) of this title, (relating to Rate Design), rates are to be based upon an electric utility's cost of rendering service to the public during a historical test year, adjusted for known and measurable changes. The two components of cost of service are allowable expenses and return on invested capital.(b) Allowable expenses. Only those expenses which are reasonable and necessary to provide service to the public will be included in allowable expenses. In computing an electric utility's allowable expenses, only the electric utility's historical test year expenses as adjusted for known and measurable changes will be considered, except as provided for in any section of these rules dealing with fuel expenses. (1) Components of allowable expenses. Allowable expenses, to the extent they are reasonable and necessary, and subject to this section, may include, but are not limited to the following general categories: (A) Operations and maintenance expense incurred in furnishing normal electric utility service and in maintaining electric utility plant used by and useful to the electric utility in providing such service to the public. Payments to affiliated interests for costs of service, or any property, right or thing, or for interest expense will not be allowed as an expense for cost of service except as provided in the Public Utility Regulatory Act §36.058.(B) Depreciation expense based on original cost and computed on a straight line basis as approved by the commission. Other methods of depreciation may be used when it is determined that such depreciation methodology is a more equitable means of recovering the cost of the plant.(C) Assessments and taxes other than income taxes.(D) Federal income taxes on a normalized basis. Federal income taxes must be computed according to the provisions of the Public Utility Regulatory Act §36.060.(E) Advertising, contributions and donations. The actual expenditures for ordinary advertising, contributions, and donations may be allowed as a cost of service provided that the total sum of all such items allowed in the cost of service must not exceed three-tenths of 1.0% (0.3%) of the gross receipts of the electric utility for services rendered to the public. The following expenses must be included in the calculation of the three-tenths of 1.0% (0.3%) maximum:(i) funds expended advertising methods of conserving energy;(ii) funds expended advertising methods by which the consumer can effect a savings in total electric utility bills;(iii) funds expended advertising methods to shift usage off of system peak; and(iv) funds expended promoting renewable energy.(F) Nuclear decommissioning expense. The following restrictions must apply to the inclusion of nuclear decommissioning costs that are placed in an electric utility's cost of service.(i) An electric utility owning or leasing an interest in a nuclear-fueled generating unit must include its cost of nuclear decommissioning in its cost of service. Funds collected from ratepayers for decommissioning must be deposited monthly in irrevocable trusts external to the electric utility, in accordance with §25.301 of this title (relating to Nuclear Decommissioning Trusts). All funds held in short-term investments must bear interest. The level of the annual cost of decommissioning for ratemaking purposes will be determined in each rate case based on an allowance for contingencies of 10% of the cost of decommissioning, the most current information reasonably available regarding the cost of decommissioning, the balance of funds in the decommissioning trust, anticipated escalation rates, the anticipated return on the funds in the decommissioning trust, and other relevant factors. The annual amount for the cost of decommissioning determined pursuant to the preceding sentence must be expressly included in the cost of service established by the commission's order.(ii) In the event that an electric utility implements an interim rate increase, including an increase filed under bond, an incremental change in decommissioning funding must be included in the increase.(iii) An electric utility's decommissioning fund and trust balances will be reviewed in general rate cases. In the event that an electric utility does not have a rate case within a five-year period, the commission, on its own motion or on the motion of commission staff, the Office of Public Utility Counsel, or any affected person, may initiate a proceeding to review the electric utility's decommissioning cost study and plan, and the balance of the trust.(iv) An electric utility must perform, or cause to be performed, a study of the decommissioning costs of each nuclear generating unit that it owns or in which it leases an interest. A study or a redetermination of the previous study must be performed at least every five years. The study or redetermination should consider the most current information reasonably available on the cost of decommissioning. A copy of the study or redetermination must be filed with the commission and a copy provided to the Office of Public Utility Counsel. An electric utility's most recent decommissioning study or redeterminations must be filed with the commission within 30 days of the effective date of this subsection. The five-year requirement for a new study or redetermination must begin from the date of the last study or redetermination. (G) Accruals credited to reserve accounts for self-insurance under a self-insurance plan requested by an electric utility and approved by the commission. The commission may consider approval of a self- insurance plan in a rate case in which expenses or rate base treatment are requested for a such a plan. For the purposes of this section, a self- insurance plan is a plan providing for accruals to be credited to reserve accounts. The reserve accounts are to be charged with losses that are not paid or reimbursed with commercial insurance and are either property and liability losses which occur, and which could not have been reasonably anticipated and included in operating and maintenance expenses, or liability losses resulting from personal injury or property damage caused by a wildfire. The reserve accounts must not be charged for liability losses resulting from personal injury or property damage caused by a wildfire that the utility caused intentionally, recklessly, or with gross negligence. The commission will approve a self-insurance plan to the extent it finds it to be in the public interest; that ratepayers will receive the benefits of any savings; and the electric utility must present a cost benefit analysis performed by a qualified independent insurance consultant who demonstrates that either, with consideration of all costs, self-insurance is a lower-cost alternative than commercial insurance, that commercial insurance alone is insufficient to cover potential liability losses, damages, or catastrophic property loss, or the electric utility cannot obtain commercial insurance for a reasonable premium. The cost benefit analysis must present a detailed analysis of the appropriate limits of self-insurance, an analysis of the appropriate annual accruals to build a reserve account for self-insurance, and the level at which further accruals should be decreased or terminated. In approving a self-insurance plan under this section, the commission will prioritize the consideration of the presence and potential extent of wildfire losses, including historical data, actuarial studies and analyses, and the risk of the electric utility's exposure to losses from multiple types of disasters occurring within the utility's service territory. (H) Postretirement benefits other than pensions (known in the electric utility industry as \"OPEB\"). For ratemaking purposes, expense associated postretirement benefits other than pensions (OPEB) must be treated as follows:(i) OPEB expense must be included in an electric utility's cost of service for ratemaking purposes based on actual payments made.(ii) An electric utility may request a one-time conversion to inclusion of current OPEB expense in cost of service for ratemaking purposes on an accrual basis in accordance with generally accepted accounting principles (GAAP). Rate recognition of OPEB expense on an accrual basis must be made only in the context of a full rate case.(iii) An electric utility will not be allowed to recover current OPEB expense on an accrual basis until GAAP requires that electric utility to report OPEB expense on an accrual basis.(iv) For ratemaking purposes, the transition obligation must be amortized over 20 years.(v) OPEB amounts included in rates must be placed in an irrevocable external trust fund dedicated to the payment of OPEB expenses. The trust must be established no later than six months after the order establishing the OPEB expense amount included in rates. The electric utility must make deposits to the fund at least once per year. Deposits on the fund must include, in addition to the amount included in rates, an amount equal to fund earnings that would have accrued if deposits had been made monthly. The funding requirement can be met with deposits made in advance of the recognition of the expense for ratemaking purposes. The electric utility must, to the extent permitted by the Internal Revenue Code, establish a postretirement benefit plan that allows for current federal income tax deductions for contributions and allows earnings on the trust funds to accumulate tax free.(vi) When an electric utility terminates an OPEB trust fund established pursuant to clause (v) of this subparagraph, it must notify the commission in writing. If excess assets remain after the OPEB trust fund is terminated and all trust related liabilities are satisfied, the electric utility must file, for commission approval, a proposed plan for the distribution of the excess assets. The electric utility must not distribute any excess assets until the commission approves the disbursement plan.(2) Expenses not allowed. The following expenses must never be allowed as a component of cost of service:(A) legislative advocacy expenses, whether made directly or indirectly, including, but not limited to, legislative advocacy expenses included in professional or trade association dues;(B) funds expended in support of political candidates;(C) funds expended in support of any political movement;(D) funds expended promoting political or religious causes;(E) funds expended in support of or membership in social, recreational, fraternal, or religious clubs or organizations;(F) funds promoting increased consumption of electricity;(G) additional funds expended to mail any parcel or letter containing any of the items mentioned in subparagraphs (A)-(F) of this paragraph;(H) payments, except those made under an insurance or risk-sharing arrangement executed before the date of the loss, made to cover costs of an accident, equipment failure, or negligence at an electric utility facility owned by a person or governmental body not selling power within the State of Texas;(I) costs, including, but not limited to, interest expense, of processing a refund or credit of sums collected in excess of the rate finally ordered by the commission in a case where the electric utility has put bonded rates into effect, or when the electric utility has otherwise been ordered to make refunds;(J) any expenditure found by the commission to be unreasonable, unnecessary, or not in the public interest, including but not limited to executive salaries, advertising expenses, legal expenses, penalties and interest on overdue taxes, criminal penalties or fines, and civil penalties or fines.(c) Return on invested capital. The return on invested capital is the rate of return times invested capital.(1) Rate of return. The commission will allow each electric utility a reasonable opportunity to earn a reasonable rate of return, which is expressed as a percentage of invested capital, and will fix the rate of return in accordance with the following principles. (A) The return should be reasonably sufficient to assure confidence in the financial soundness of the electric utility and should be adequate, under efficient and economical management, to maintain and support its credit and enable it to raise the money necessary for the proper discharge of its public duties. A rate of return may be reasonable at one time and become too high or too low because of changes affecting opportunities for investment, the money market, and business conditions generally. (B) The commission will consider efforts by the electric utility to comply with the statewide integrated resource plan, the efforts and achievements of the electric utility in the conservation of resources, the quality of the electric utility's services, the efficiency of the electric utility's operations, and the quality of the electric utility's management, along with other applicable conditions and practices. (C) The commission may, in addition, consider inflation, deflation, the growth rate of the service area, and the need for the electric utility to attract new capital. The rate of return must be high enough to attract necessary capital but need not go beyond that. In each case, the commission will consider the electric utility's cost of capital, which is the weighted average of the costs of the various classes of capital used by the electric utility. (i) Debt capital. The cost of debt capital is the actual cost of debt at the time of issuance, plus adjustments for premiums, discounts, and refunding and issuance costs. (ii) Equity capital. For companies with ownership expressed in terms of shares of stock, equity capital commonly consists of the following classes of stock. (I) Common stock capital. The cost of common stock capital must be based upon a fair return on its market value. (II) Preferred stock capital. The cost of preferred stock capital is the actual cost of preferred stock at the time of issuance, plus an adjustment for premiums, discounts, and refunding and issuance costs. (2) Invested capital; rate base. The rate of return is applied to the rate base. The rate base, sometimes referred to as invested capital, includes as a major component the original cost of plant, property, and equipment, less accumulated depreciation, used and useful in rendering service to the public. Components to be included in determining the overall rate base are as set out in subparagraphs (A)-(F) of this paragraph. (A) Original cost, less accumulated depreciation, of electric utility plant used by and useful to the electric utility in providing service. (i) Original cost must be the actual money cost, or the actual money value of any consideration paid other than money, of the property at the time it would have been dedicated to public use, whether by the electric utility which is the present owner or by a predecessor. (ii) Reserve for depreciation is the accumulation of recognized allocations of original cost, representing recovery of initial investment, over the estimated useful life of the asset. Depreciation must be computed on a straight line basis or by such other method approved under subsection (b)(1)(B) of this section over the expected useful life of the item or facility. (iii) Payments to affiliated interests must not be allowed as a capital cost except as provided in the Public Utility Regulatory Act §36.058. (B) Working capital allowance to be composed of, but not limited to the following: (i) Reasonable inventories of materials, supplies, and fuel held specifically for purposes of permitting efficient operation of the electric utility in providing normal electric utility service. This amount excludes appliance inventories and inventories found by the commission to be unreasonable, excessive, or not in the public interest. (ii) Reasonable prepayments for operating expenses. Prepayments to affiliated interests will be subject to the standards set forth in the Public Utility Regulatory §36.058. (iii) A reasonable allowance for cash working capital. The following applies in determining the amount to be included in invested capital for cash working capital: (I) Cash working capital for electric utilities must in no event be greater than one-eighth of total annual operations and maintenance expense, excluding amounts charged to operations and maintenance expense for materials, supplies, fuel, and prepayments. (II) For electric cooperatives, river authorities, and investor-owned electric utilities that purchase 100% of their power requirements, one-eighth of operations and maintenance expense excluding amounts charged to operations and maintenance expense for materials, supplies, fuel, and prepayments will be considered a reasonable allowance for cash working capital. (III) Operations and maintenance expense does not include depreciation, other taxes, or federal income taxes, for purposes of subclauses (I), (II), and (V) of this clause. (IV) For all investor-owned electric utilities a reasonable allowance for cash working capital, including a request of zero, will be determined by the use of a lead-lag study. A lead-lag study will be performed in accordance with the following criteria: (-a-) The lead-lag study will use the cash method; all non-cash items, including but not limited to depreciation, amortization, deferred taxes, prepaid items, and return (including interest on long-term debt and dividends on preferred stock), will not be considered. (-b-) Any reasonable sampling method that is shown to be unbiased may be used in performing the lead-lag study. (-c-) The check clear date, or the invoice due date, whichever is later, will be used in calculating the lead-lag days used in the study. In those cases where multiple due dates and payment terms are offered by vendors, the invoice due date is the date corresponding to the terms accepted by the electric utility. (-d-) All funds received by the electric utility except electronic transfers must be considered available for use no later than the business day following the receipt of the funds in any repository of the electric utility (e.g. lockbox, post office box, branch office). All funds received by electronic transfer will be considered available the day of receipt. (-e-) For electric utilities the balance of cash and working funds included in the working cash allowance calculation must consist of the average daily bank balance of all non-interest bearing demand deposits and working cash funds. (-f-) The lead on federal income tax expense must be calculated by measurement of the interval between the mid-point of the annual service period and the actual payment date of the electric utility. (-g-) If the cash working capital calculation results in a negative amount, the negative amount must be included in rate base. (V) If cash working capital is required to be determined by the use of a lead-lag study under the previous subclause and either the electric utility does not file a lead lag study or the electric utility's lead-lag study is determined to be so flawed as to be unreliable, in the absence of persuasive evidence that suggests a different amount of cash working capital, an amount of cash working capital equal to negative one-eighth of operations and maintenance expense including fuel and purchased power will be presumed to be the reasonable level of cash working capital.(C) Deduction of certain items which include, but are not limited to, the following: (i) accumulated reserve for deferred federal income taxes; (ii) unamortized investment tax credit to the extent allowed by the Internal Revenue Code; (iii) contingency and/or property insurance reserves; (iv) contributions in aid of construction; (v) customer deposits and other sources of cost-free capital; (D) Construction work in progress (CWIP). The inclusion of construction work in progress is an exceptional form of rate relief. Under ordinary circumstances the rate base must consist only of those items which are used and useful in providing service to the public. Under exceptional circumstances, the commission will include construction work in progress in rate base to the extent that: (i) the electric utility has proven that: (I) the inclusion is necessary to the financial integrity of the electric utility; and (II) major projects under construction have been efficiently and prudently planned and managed. However, construction work in progress must not be allowed for any portion of a major project which the electric utility has failed to prove was efficiently and prudently planned and managed; or (ii) for a project ordered by the commission under §25.199 of this title (relating to Transmission Planning, Licensing and Cost-recovery for Utilities within the Electric Reliability Council of Texas), if the commission determines that conditions warrant the inclusion of CWIP in rate base, the project is being efficiently and prudently planned and managed, and there will be a significant delay between initial investment and the initial cost recovery for a transmission project.(E) Self-insurance reserve accounts. If a self insurance plan is approved by the commission, any shortages to the reserve account will be an increase to the rate base and any surpluses will be a decrease to the rate base. The electric utility must maintain appropriate books and records to permit the commission to properly review all charges to the reserve account and determine whether the charges being booked to the reserve account are reasonable and correct. (F) Requirements for post test year adjustments. (i) Post test year adjustments for known and measurable rate base additions (increases) to historical test year data will be considered only as set out in subclauses (I)-(IV) of this clause. (I) Where the addition represents plant which would appropriately be recorded: (-a-) for investor-owned electric utilities in FERC account 101 or 102; (-b-) for electric cooperatives, the equivalent of FERC accounts 101 or 102. (II) Where each addition comprises at least 10% of the electric utility's requested rate base, exclusive of post test year adjustments and CWIP. (III) Where the plant addition is deemed by this commission to be in-service before the rate year begins. (IV) Where the attendant impacts on all aspects of a utility's operations (including but not limited to, revenue, expenses and invested capital) can with reasonable certainty be identified, quantified and matched. Attendant impacts are those that reasonably follow as a consequence of the post test year adjustment being proposed. (ii) Each post test year plant adjustment will be included in rate base at: (I) the reasonable test year-end CWIP balance, if the addition is constructed by the electric utility; or, (II) the reasonable price, if the addition represents a purchase, subject to original cost requirements, as specified in Public Utility Regulatory Act §36.053. (iii) Post test year adjustments for known and measurable rate base decreases to historical test year data will be allowed only when clause (i)(IV) of this subparagraph and the criteria described in subclauses (I) and (II) of this clause are satisfied. (I) The decrease represents: (-a-) plant which was appropriately recorded in the accounts set forth in clause (i)(I) of this subparagraph; (-b-) plant held for future use; (-c-) CWIP (mirror CWIP is not considered CWIP); or (-d-) an attendant impact of another post test year adjustment. (II) Plant that has been removed from service, mothballed, sold, or removed from the electric utility's books prior to the rate year.", "sourceNote": "Source Note: The provisions of this §25.231\r\nadopted to be effective March 1, 1999, 24 TexReg 1377; amended to\r\nbe effective April 13, 2005, 30 TexReg 2055; amended to be effective\r\nJuly 19, 2023, 48 TexReg 3900; amended to be effective December 4,\r\n2025, 50 TexReg 7698." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "75116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.232", "label": "Adjustment for House Bill 11, Acts of 72nd Legislature, First Called Special Session 1991" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "75118", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each electric utility that is subject to the commission's rate setting jurisdiction, pays state franchise taxes, and has not had a rate proceeding under the Public Utility Regulatory Act §36.103 and §36.151, in which the effects of House Bill 11 were considered when setting the rates, shall be subject to this subsection. Except as provided in the following sentence, on or before December 1 of each year, each electric utility subject to this subsection shall file with the commission a tariff sheet, or tariff sheets, applicable to each rate class setting forth an interim House Bill 11 tax adjustment factor. If an electric utility chooses not to request an increase under this subsection or if the electric utility has otherwise limited itself by agreement to recovering tax changes that are the subject of this subsection by a method different from that prescribed in this subsection, the electric utility need not file tariff sheets but shall make an informational filing showing its calculations, including an explanation and all underlying supporting documentation showing the effect of House Bill 11 on its taxes. If the adjustment is a decrease that amounts to less than $1.00 per customer for electric utilities on an annual basis, the tariff shall not include a factor, but shall state that the reduction will be applied against the adjustment for future years. In all other tariffs, the factors set forth in the tariff sheets shall be calculated as set forth in the following paragraphs. Electric utilities that are required to file tariff sheets shall include an explanation of how the interim factor was calculated and showing all the calculations.(b) If the adjustment is a decrease requiring a factor, or the electric utility affirmatively requests that an adjustment be made to its billings to account for the effect of House Bill 11 on its state taxes, the tariff filing will be docketed and will automatically go into effect on January 1 of the year following the filing. If the adjustment is a decrease being carried forward to future years, the filing will be treated as a tariff filing except that it shall take effect on January 1 of the year following the filing. An electric utility may amend a tariff filed under this subsection to make mid-course corrections as necessary. For all amended filings, all tariffs will take effect on the date specified by the electric utility, but in no event earlier than ten days after the filing.(c) The interim House Bill 11 tax adjustment factor shall be calculated by allocating the effect on the electric utility's state taxes for the next calendar year of House Bill 11 as provided in subsection (f) of this section. The effect on the electric utility's state taxes for the coming calendar year shall be calculated by subtracting the estimated state taxes attributable to the calendar year if the law prior to House Bill 11 were still in effect, from the estimated state taxes due or attributable to the calendar year under House Bill 11. In calculating the state taxes that would be due during the calendar year if the law prior to House Bill 11 were still in effect, four-twelfths of the franchise tax paid or that would have been paid in the previous year and eight-twelfths of the franchise tax that would have been paid in the calendar year in question will be considered attributable to the calendar year in question. In performing the calculation, the various fees imposed by House Bill 11 will not be considered taxes. In calculating the taxes that are estimated to be paid, changes resulting from audits or amended returns for previous periods that were covered by this rule shall be considered. The state franchise tax imposed by House Bill 11 will be considered to be a franchise tax and not an income tax regardless of the method of calculation.(d) If an interim factor goes into effect, it shall be subject to surcharge or refund to the extent it differs from the factor finally set by the commission. If a surcharge or refund is necessary, a credit or surcharge will be made to the existing customers' bills. If the refund or surcharge amount is less than either $10,000 in total or $1.00 per customer, calculated by dividing the total refund or surcharge by the total number of customers, the electric utility may make the refund or surcharge by carrying it forward until a year when the cumulative total refund or surcharge is not less than either $10,000 or $1.00 per customer. Simple interest will be added to the amount due at the rate set by the commission for overbillings and underbillings starting at the beginning of the month in which the obligation accrued and ending on the last day of the month preceding the refund or surcharge. The month, or months, in which the obligation accrues will be determined by comparing the collections each month under the tariff filed by the electric utility with the amount that should have been collected had the electric utility been able to precisely predict its tax bill and its sales. The number of days in each month shall be considered for purposes of the interest calculation. Interest will be added to decreases that are carried to future years and will be calculated by the same method.(e) The electric utility shall file, on or before the first business day after March 1 of the year following the year when a particular factor was in effect, testimony supporting the final adjustment factor that it is requesting to account for the effect of House Bill 11 on its state taxes for that year. The electric utility's filing will include a copy of the Franchise Tax Return filed with the Comptroller's Office and the details of their computation of the tax that would have been due had House Bill 11 not been enacted. The hearing on the merits for purposes of setting the final factor, if necessary, shall be convened no earlier than 45 days after the filing of the electric utility's testimony and shall be strictly limited to issues under this subsection. For purposes of administrative efficiency, the presiding officer assigned to a case may grant an electric utility's request that the final hearing on a particular year's factor be delayed for up to three years; however, if such a request is granted, any interest to be paid by the electric utility shall be at the utility's cost of capital as determined in the electric utility's last rate case. Requests to delay the final hearing on a particular year's factor shall be filed with the testimony supporting the final adjustment factor.(f) The billing adjustment should apply over the entire year; however, if the adjustment necessary to account for the effect of House Bill 11 is so small that it would be difficult to apply on a monthly basis, the electric utility may make the billing adjustment during a single month. Cost allocation and rate design are as follows.(1) If the adjustment factor results in a lower cost to the ratepayers, the revenue decrease shall be allocated to the customers on the same basis as the franchise taxes were allocated in the electric utility's last rate case.(2) If the adjustment factor results in a greater cost to the ratepayers, the revenue increase will be allocated to the customers in the same manner as were federal income taxes in the electric utility's last rate case.(3) The factor for each customer within a class will then be calculated based on expected kilowatt-hour (kwh) sales and charged on a per kwh basis, except that the factor for each customer within an industrial class served at transmission-level voltage will be calculated as a percentage of the base revenues (excluding fuel, any applicable power cost recovery factor (PCRF) charges, and add-on revenue taxes) received from that class during the most recent 12-month period.", "sourceNote": "Source Note: The provisions of this §25.232 adopted to be effective March 1, 1999, 24 TexReg 1377." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "75118", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.234", "label": "Rate Design" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227237", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Rates shall not be unreasonably preferential, prejudicial, or discriminatory, but shall be sufficient, equitable, and consistent in application to each class of customers, and shall be based on cost.(b) Rates will be determined using revenues, billing and usage data for a historical test year adjusted for known and measurable changes, and costs of service as defined in §25.231 of this title (relating to Cost of Service).", "sourceNote": "Source Note: The provisions of this §25.234 adopted to be effective July 5, 1999, 24 TexReg 4998." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227237", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.235", "label": "Fuel Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227238", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The commission will set an electric utility's rates at a level that will permit the electric utility a reasonable opportunity to earn a reasonable return on its invested capital and to recover its reasonable and necessary expenses, including the cost of fuel and purchased power. The commission recognizes that it is in the interests of both electric utilities and their ratepayers to adjust charges in a timely manner to account for changes in certain fuel and purchased-power costs. In accordance with Public Utility Regulatory Act (PURA) §36.203 this section establishes a procedure for setting and revising fuel factors and a procedure for regularly reviewing the reasonableness of the fuel expenses recovered through fuel factors.(b) Notice of fuel proceedings. In addition to the notice required by the Administrative Procedure Act (APA) to be given by the commission, the electric utility is required to give notice of a fuel proceeding at the time the petition is filed. The term \"rate class\" as used in this subsection means all customers taking service under the same tariffed rate or schedule, or a group of seasonal agricultural customers as identified by the electric utility.(1) Method of notice. Notice of fuel proceedings must be posted to the utility's website and provided to OPUC by electronic mail. Notice must also be provided by the electric utility as follows, as applicable:(A) Notice in all proceedings involving refunds or surcharges (an interim fuel adjustment) under §25.236 of this title (relating to Recovery of Fuel Costs), or a proposal to change the fuel factor under §25.237 of this title (relating to Fuel Factor), must be by individual notice to each customer and by individual notice to all parties in the electric utility's most recent fuel reconciliation proceeding.(B) Notice in all fuel reconciliation proceedings must be by:(i) publication once each week for two consecutive weeks in a newspaper having general circulation in each county of the service area of the electric utility; and (ii) by individual notice to each customer and to all parties in the electric utility's most recent fuel reconciliation proceeding.(2) Contents of notice.(A) All notices required by this section must provide the following information:(i) the date the petition was filed;(ii) a general description of the customers, customer classes (for fuel factors) or rate classes (for interim fuel adjustments), and territories affected by the petition;(iii) the relief requested;(iv) a statement substantially similar to the following: \"Persons with questions or who want more information on this petition may contact (utility name) at (utility address) or call (utility toll-free telephone number) during normal business hours. A complete copy of this petition is available for inspection at the address listed above or at the following website [direct link to notice on the utility's website]\"; and(v) a statement substantially similar to the following: \"Persons who wish to formally participate in this proceeding, or who wish to express their comments concerning this petition should contact the Public Utility Commission of Texas, Consumer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326, or call (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals may contact the commission through Relay Texas (toll-free) at 1-800-735-2989.\" (B) Notices to revise fuel factors must also state the proposed fuel factors by type of voltage and the period for which the proposed fuel factors are expected to be in effect.(C) Notices for an interim fuel adjustment for a refund or surcharge, or to revise fuel factors, must contain:(i) a statement substantially similar to the following: \"these changes will be subject to final review by the commission in the electric utility's next fuel reconciliation proceeding,\" unless the change is a result of a reconciliation proceeding; (ii) an explanation of the notice recipient's right to file a protest in a fuel factor or interim fuel adjustment proceeding; and(iii) for interim fuel adjustments under §25.236 of this title:(I) a statement substantially similar to the following detailing the appropriate scope of the protest: \"A protest must identify whether the person submitting the protest is a customer of the utility. Except for prudence of costs, a protest may address any aspects of the interim fuel adjustment petition, including the adequacy of notice or whether the refund or surcharge is appropriate. As required by Public Utility Regulatory Act §36.203, in response to a protest of an interim fuel adjustment, if the commission finds that the electric utility is in a state of material under-collection or over-collection of the utility's reasonably stated eligible fuel and purchased power costs and is projected to remain in that state on an ongoing basis, the commission will order the utility to establish or modify an interim fuel adjustment to address the under-collection or over-collection.\" (II) a statement substantially similar to the following detailing the recipient's right to request a hearing: \"If a hearing is sought, a protest of an interim fuel adjustment must include a request for a hearing. If a hearing is not requested in the protest, it will be presumed that a hearing is not sought. Requesting a hearing does not guarantee that a hearing will be held. A hearing is only required to be held if the commission determines that an interim fuel adjustment (1) would or is anticipated to result in a total bill increase of 10 percent or more for an average customer in any rate class compared to the total bill in the month before implementation; or (2) a utility has a material under-collected balance that is the result of extraordinary electric fuel and purchased power costs that are unlikely to continue.\"(iv) for fuel factor revisions under §25.237 of this title(I) a statement substantially similar to the following detailing the appropriate scope of the protest: \"A protest must identify whether the person submitting the protest is a customer of the utility. As required by Public Utility Regulatory Act §36.203, the scope of a protest on a fuel factor is whether the factor reasonably reflects costs the electric utility will incur so that the utility will not substantially under-collect or over-collect the utility's reasonably stated fuel and purchased power costs on an ongoing basis. The commission may adjust the utility's fuel factor based on its determination on that issue. A protest of a fuel factor is prohibited from raising the prudence of costs as an issue.\"(II) a statement substantially similar to the following detailing the recipient's right to request a hearing: \"If a hearing is sought, a protest of a fuel factor must include a request for a hearing. If a hearing is not requested in the protest, it will be presumed that a hearing is not sought. Requesting a hearing does not guarantee that a hearing will be held. The commission has total discretion to hold or not hold a hearing in a fuel factor proceeding.\"(D) Notices for fuel reconciliation proceedings must also state the period for which final reconciliation is sought.(E) Notices for an interim fuel adjustment must indicate, for each rate class:(i) whether the adjustment is for a refund or surcharge;(ii) the amount of the proposed refund or surcharge;(iii) the period for which the proposed refund or surcharge is applicable (i.e., January to March); (iv) if the adjustment is for a surcharge, whether the surcharge would or is anticipated to result in a total bill increase of 10 percent or more for an average customer in any rate class compared to the total bill in the month before implementation; and(v) the time period and manner in which the surcharge or refund will be implemented.(c) Reports; confidentiality of information. Matters related to submitting reports and confidential information will be handled as follows:(1) The commission will monitor each electric utility's actual and projected fuel-related costs and revenues on a monthly basis. Each electric utility must maintain and provide to the commission, in a format specified by the commission, monthly reports containing all information required to monitor monthly fuel-related costs and revenues, including generation mix, fuel consumption, fuel costs, purchased power quantities and costs, and system and off-system sales revenues.(2) Contracts for the purchase of fuel, fuel storage, fuel transportation, fuel processing, or power are discoverable in fuel proceedings, subject to appropriate confidentiality agreements or protective orders.(3) The electric utility must prepare a confidentiality disclosure agreement to be included as part of the fuel reconciliation petition. The format for the agreement must be the same as that contained in the commission-approved rate filing package. In addition to the agreement itself, Attachment 1 of the agreement must present a complete listing of the information required to be filed which the electric utility alleges is confidential. Upon request and execution of the confidentiality agreement, the electric utility must provide any information which it alleges is confidential. If the electric utility fails to file a confidentiality agreement, the deadline for a commission final order in the case is tolled until a protective order is entered or a confidentiality agreement is filed. Use of the confidentiality disclosure agreement does not constitute a finding that any information is proprietary or confidential under law, or alter the burden of proof on that issue. The form of agreement contained in the commission approved rate filing package does not bind the examiner or the commission to accept the language of the agreement in the consideration of any subsequent protective order that may be entered.(4) A party that cannot view a confidential document without receiving advantage as a competitor or bidder may hire outside counsel and consultants to view the document subject to a protective order.", "sourceNote": "Source Note: The provisions of this §25.235 adopted\r\nto be effective July 5, 1999, 24 TexReg 4998; amended to be effective\r\nJanuary 8, 2026, 51 TexReg 96." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227238", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.236", "label": "Recovery of Fuel Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligible fuel expenses. Eligible fuel expenses include expenses properly recorded in the Federal Energy Regulatory Commission Uniform System of Accounts, numbers 501, 502, 503, 509, 518, 536, 547, 555, and 559.3 as modified in this subsection, as of April 1, 2025, and the items specified in paragraph (8) of this subsection. Any later amendments to the System of Accounts are not incorporated into this subsection. Subject to the commission finding special circumstances under paragraph (7) of this subsection, eligible fuel expenses are limited to:(1) For any account, the electric utility may not recover, as part of eligible fuel expense, costs incurred after fuel is delivered to the generating plant site, for example, but not limited to, operation and maintenance expenses at generating plants, costs of maintaining and storing inventories of fuel at the generating plant site, unloading and fuel handling costs at the generating plant, and expenses associated with the disposal of fuel combustion residuals. Further, the electric utility may not recover maintenance expenses and taxes on rail cars owned or leased by the electric utility, regardless of whether the expenses and taxes are incurred or charged before or after the fuel is delivered to the generating plant site. The electric utility may not recover an equity return or profit for an affiliate of the electric utility, regardless of whether the affiliate incurs or charges the equity return or profit before or after the fuel is delivered to the generating plant site. In addition, all affiliate payments must satisfy the Public Utility Regulatory Act (PURA) §36.058.(2) For Accounts 501 and 547, the only eligible fuel expenses are the delivered cost of fuel to the generating plant site excluding fuel brokerage fees. For Account 501, revenues associated with the disposal of fuel combustion residuals will also be excluded.(3) For Account 502, the only eligible fuel expenses are environmental consumables that are: properly recorded in the Account as chemicals; required to comply with applicable state or federal emission reduction statutes, orders, and regulations; and whose use is directly proportional to the fuel consumed to generate electricity.(4) For Account 509, the only eligible fuel expenses are allowances expensed concurrent with the monthly emissions of sulfur dioxide and nitrogen oxides.(5) For Accounts 518 and 536, the only eligible fuel expenses are the expenses properly recorded in the Account excluding brokerage fees. For Account 503, the only eligible fuel expenses are the expenses properly recorded in the Account, excluding brokerage fees, return, non-fuel operation and maintenance expenses, depreciation costs and taxes. (6) For Account 555, the electric utility may not recover demand or capacity costs.(7) Upon demonstration that such treatment is justified by special circumstances, an electric utility may recover as eligible fuel expenses fuel or fuel related expenses otherwise excluded in paragraphs (1) - (6) of this subsection. In determining whether special circumstances exist, the commission will consider, in addition to other factors developed in the record of the reconciliation proceeding, whether the fuel expense or transaction giving rise to the ineligible fuel expense resulted in, or is reasonably expected to result in, increased reliability of supply or lower fuel expenses than would otherwise be the case, and that such benefits received or expected to be received by ratepayers exceed the costs that ratepayers otherwise would have paid or otherwise would reasonably expect to pay.(8) Eligible fuel expenses are prohibited from being offset by revenues by affiliated companies for the purpose of equalizing or balancing the financial responsibility of differing levels of investment and operation costs associated with transmission assets. In addition to the expenses designated in paragraphs (1) - (7) of this subsection, unless otherwise specified by the commission, eligible fuel expenses must be offset by:(A) revenues from steam sales included in Accounts 504 and 456 to the extent expenses incurred to produce that steam are included in Account 503;(B) revenues from off-system sales in their entirety, except as permitted in paragraph (9) of this subsection; and (C) revenues from disposition of allowances properly recorded in Account 411.8.(9) Shared margins from off-system sales. An electric utility may retain 10 percent of the margins from an off-system energy sale that is made between the utility and a third-party buyer if the commission finds that the transaction is in the interests of the electric utility's retail customers and that margin sharing is in the public interest.(b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Materially or material -- the cumulative amount of over- or under-recovery, including interest, is greater than or equal to 4.0 percent of the annual actual fuel cost figures on a rolling 12-month basis, as reflected in the utility's monthly fuel cost reports as filed by the utility with the commission.(2) Rate class -- all customers taking service under the same tariffed rate or schedule, or a group of seasonal agricultural customers as identified by the electric utility.(c) Reconciliation of fuel expenses.(1) Each electric utility must file a petition for reconciliations on a periodic basis such that the petition:(A) contains at least one year and no more than two years of reconcilable data; and(B) is filed no later than 180 days after the end of the period to be reconciled.(2) To the extent a reconciliation results in a material change to the electric utility's under-collected or over-collected fuel balance, that change may be incorporated into an interim fuel adjustment under subsection (f) of this section as directed by the commission through the issuance of a written order.(d) Fuel reconciliation petitions. In addition to the commission-prescribed reconciliation application, a fuel reconciliation petition filed by an electric utility must be accompanied by a summary and supporting evidence that includes the following information:(1) a summary of significant, atypical events that occurred during the reconciliation period that affected the economic dispatch of the electric utility's generating units, including but not limited to transmission line constraints, fuel use or deliverability constraints, unit operational constraints, and system reliability constraints;(2) a general description of typical constraints that limit the economic dispatch of the electric utility's generating units, including but not limited to transmission line constraints, fuel use or deliverability constraints, unit operational constraints, and system reliability constraints;(3) the reasonableness and necessity of the electric utility's eligible fuel expenses and its mix of fuel used during the reconciliation period;(4) a summary table that lists all the fuel cost elements which are covered in the electric utility's fuel cost recovery request, the dollars associated with each item, and where to find the item in the prefiled testimony;(5) tables and graphs which show generation (MWh), capacity factor, fuel cost (cents per kWh and cents per MMBtu), variable cost and heat rate by plant and fuel type, on a monthly basis; and(6) a summary and narrative of the next-day and intra-day surveys of the electricity markets and a comparison of those surveys to the electric utility's marginal generating costs.(7) copies of each monthly fuel cost report required under §25.235(c)(1) of this title (relating to Fuel Costs) that the utility filed in the past 24-month period covered by the fuel reconciliation organized in chronological order. (A) A utility is required to file corrected reports with its fuel reconciliation petition if information in previously filed reports becomes erroneous based on actual verified data.(B) If the utility submits corrected fuel cost reports as part of its fuel reconciliation, the utility must also file the same corrected fuel cost reports in the relevant commission project assigned for such reports.(e) Fuel reconciliation proceedings. The burden of proof and scope of a fuel reconciliation proceeding are as follows:(1) In a proceeding to reconcile fuel factor revenues and expenses, an electric utility has the burden of proving that:(A) its eligible fuel expenses during the reconciliation period were reasonable and necessary expenses incurred to provide reliable electric service to retail customers and the materiality of any over- or under-recovery;(B) if its eligible fuel expenses for the reconciliation period included an item or class of items supplied by an affiliate of the electric utility, the prices charged by the supplying affiliate to the electric utility were reasonable and necessary and no higher than the prices charged by the supplying affiliate to its other affiliates or divisions or to unaffiliated persons or corporations for the same item or class of items; and(C) it has properly accounted for the amount of fuel-related revenues collected in accordance with the fuel factor during the reconciliation period.(2) The scope of a fuel reconciliation proceeding includes any issue related to determining the reasonableness and necessity of the electric utility's fuel expenses during the reconciliation period and reviewing whether the electric utility has materially over- or under-recovered its reasonable fuel expenses through interim fuel adjustments under subsection (f) of this section. (f) Interim fuel adjustments. An electric utility must apply for an interim fuel adjustment in the time frame specified by subsection (h)(2)(B) of this section if the utility is in a state of material under-collection or over-collection of the utility's reasonably stated eligible fuel and purchased power costs.(1) Adjustment factor. If the commission determines in the interim fuel adjustment proceeding that the utility is in a state of material under-collection or over-collection, except as provided for under subsection (g)(3) of this section, each rate class must be credited or assessed a refund or surcharge, as applicable, using an adjustment factor. The adjustment factor will be applied to the kilowatt-hour usage of each rate class until the total amount has been collected or refunded.(A) The adjustment factor will be determined by dividing the amount of refund or surcharge properly allocated to each rate class by projected kilowatt-hour usage for the applicable rate class during the period in which the refund or surcharge will be made.(B) Notwithstanding subparagraph (A) of this paragraph, each retail customer who receives service at transmission voltage levels, each wholesale customer, and any groups of seasonal agricultural customers as identified by the electric utility must be given a one-time credit or assessed a surcharge made on a monthly basis over a period not to exceed 12 months through a bill charge, based on their individual actual historical usage recorded during each month of the period in which the cumulative under- or over-recovery occurred, adjusted for line losses if necessary.(2) Refunds and surcharges. Refunds and surcharges must be issued and recovered by the electric utility, as applicable, in the following manner for each rate class:(A) All refunds must be made through a bill credit and be issued no later than 90 days after the refund balance is accrued. A refund may be made by check to a municipally-owned utility if requested by that utility. (B) All surcharges must be assessed on a monthly basis and paid by customers no later than 90 days from the date the surcharge balance is accrued except in the following circumstances:(i) If the commission determines that an interim fuel adjustment would or is anticipated to result in a total bill increase of 10 percent or more for an average customer in any rate class compared to the total bill in the month before implementation, the surcharge must be collected over a time period ending not later than a date ordered by the commission. Such a time period must be at least 90 days after the date the balance is accrued.(ii) If the commission determines that a utility has a material under-collected balance that is the result of extraordinary electric fuel and purchased power costs that are unlikely to continue, the commission may approve a surcharge in an interim fuel adjustment proceeding that would defer recovery to occur over a period exceeding 90 days from the date the surcharge balance is accrued.(C) Unless otherwise ordered by the commission in an electric utility's fuel reconciliation proceeding, in calculating rate class fuel balances for purposes of a refund or surcharge, the total of the utility's eligible electric fuel and purchased power costs for a calendar month must be allocated among jurisdictions based on the actual historical calendar month kilowatt-hour usage, adjusted for line losses using the same commission-approved loss factors that were used in the electric utility's applicable fixed or interim fuel factor. The resulting monthly Texas retail jurisdiction costs must be allocated among rate classes based on the actual historical calendar month kilowatt-hour usage, adjusted for line losses using the same commission-approved loss factors that were used in the electric utility's applicable fixed or interim fuel factor.(D) Intraclass allocations of refunds and surcharges depend on the voltage level at which the customer receives service from the electric utility. Retail customers who receive service at transmission voltage levels, all wholesale customers, and any groups of seasonal agricultural customers as identified by the electric utility must be given refunds or assessed surcharges based on their individual actual historical kilowatt-hour usage recorded during each month of the period in which the cumulative under- or over-recovery occurred, adjusted for line losses where necessary. All other customers must be given refunds or assessed surcharges based on the historical kilowatt-hour usage of their rate class.(3) Prudence review prohibited. The prudence of costs will not be considered in an interim fuel adjustment. The prudence of costs may only be reviewed in a fuel reconciliation proceeding under subsection (e) of this section or another appropriate proceeding.(4) Interim relief.(A) An interim fuel adjustment is eligible for interim relief under §22.125 of this title (relating to Interim Relief) to ensure refunds and surcharges are issued or recovered in accordance with the timelines specified under paragraphs (2)(A) and (B) of this section.(B) A party to an interim fuel adjustment proceeding may file a motion for interim relief in accordance with the procedural schedule established by the presiding officer.(C) Notwithstanding the requirements of §22.125 of this title, the presiding officer may order interim relief without a hearing on a finding of good cause:(i) on their own motion;(ii) in response to a motion filed under subparagraph (B) of this paragraph; or(iii) in response to a written protest filed by an eligible person in accordance with subsection (h)(3)(B) of this section.(D) In determining whether good cause exists for interim relief under this subparagraph, the presiding officer may consider one or more of the factors prescribed by §22.125 of this title, but the primary consideration is whether the interim relief is consistent with the substantive requirements of this section and will ensure compliance with applicable deadlines. A showing of good cause may be supported by affidavit and without testimony or hearing.(g) Interest calculations for fuel proceedings. For a fuel proceeding under subsection (e) or (f) of this section, interest must be calculated for each rate class on the cumulative monthly ending under- or over-recovery balance for that rate class at the rate established annually by the commission for overbilling and underbilling in §25.28 of this title (relating to Bill Payment and Adjustments). Interest must be calculated for each rate class based on principles set out in paragraphs (1) - (5) of this subsection:(1) Interest must be compounded by using an effective monthly interest factor.(2) The effective monthly interest factor must be determined by using the algebraic calculation x = (1 + i)(1/12) - 1; where i = commission-approved annual interest rate, and x = effective monthly interest factor. (3) Interest accrues on a monthly basis. The monthly interest amount is calculated by applying the effective monthly interest factor to the previous month's ending cumulative under- or over-recovery balance.(4) The monthly interest amount must be added to the cumulative principal and interest under- or over-recovery balance.(5) In calculating the amounts to be refunded or surcharged, interest must be calculated through the end of the month of the refund or surcharge.(h) Procedural schedule. (1) Procedural schedule for fuel reconciliation proceedings. Upon the filing of a petition to reconcile fuel expenses, the presiding officer will set a procedural schedule that will enable the commission to issue a final order in the proceeding within one year after the presiding officer determines that the petition is administratively complete. However, if two or more electric utilities file petitions to reconcile fuel expenses within 45 days of each other, the presiding officers will schedule the cases in a manner to allow the commission to accommodate the workload of the cases irrespective of whether the procedural schedule enables the commission to issue a final order in each of the cases within one year after the presiding officer determines that the petition is administratively complete(2) Procedural schedule for interim fuel adjustments. To the extent that there are variations between the fuel costs incurred and the revenues collected, it may be necessary to refund over-collections or surcharge under-collections.(A) Refunds or surcharges may be made without changing an electric utility's fuel factor.(i) an electric utility may file a petition for an interim fuel adjustment to issue a surcharge any time it has materially under-collected its fuel costs and projects that it will continue to be in a state of material under-collection.(ii) an electric utility must file a petition for an interim fuel adjustment to make a refund any time it has materially over-collected its fuel costs and projects that it will continue to be in a state of material over-collection.(B) A utility seeking an interim fuel adjustment to surcharge or refund a fuel under- or over-recovery balance must file its interim fuel adjustment petition and issue notice within five working days from the date the material fuel under- or over-recovery balance accrues, which is either:(i) 75 days from the last day of the month for which the utility seeks recovery (month end close); or(ii) when the utility has verified, actual data for that month.(C) Each month for which a utility seeks recovery must correspond with the utility's monthly fuel cost and use report filed with the commission in accordance §25.82 of this title (relating to Fuel Cost and Use Information)..(D) Upon a utility filing its petition, the presiding officer will set a procedural schedule that will enable the utility to issue a refund or collect a surcharge within the applicable time period specified in subsection (f)(2)(A) or (B) of this section;(E) A hearing is required for an interim fuel adjustment if the presiding officer determines that :(i) the interim fuel adjustment sought would result in a total bill increase of 10 percent or more for an average customer in any rate class as described under subsection (f)(2)(B)(i) of this section; or (ii) the utility has a materially under-collected balance that is the result of extraordinary electric fuel and purchased power costs as described under subsection (f)(2)(B)(ii) of this section.(3) Protest of interim fuel adjustment. (A) Only a customer of the utility, a municipality with original jurisdiction over the utility, or OPUC is eligible to protest an interim fuel adjustment under this paragraph. (i) A protest of an interim fuel adjustment must identify the eligibility of the person to submit the protest. (ii) The commission will review a protest of an interim fuel adjustment to determine whether the utility is in a state of material under-collection or over-collection of the utility's reasonably stated eligible fuel and purchased power costs and is projected to remain in that state on an ongoing basis.(iii) The commission will not consider issues related to the prudence of costs raised in a protest.(iv) If a hearing is sought, a protest must include a request for a hearing and the basis for the request.(B) In response to a protest filed under this paragraph, the presiding officer may order interim relief, as deemed appropriate.(C) If it is determined that the utility is in a state of material under-collection or over-collection and is projected to remain as such on an ongoing basis, the utility will be ordered to establish or modify an interim fuel adjustment to address the under-collection or over-collection.(D) Unless a hearing is otherwise required under this section, the determination to hold a hearing on a protest is at the presiding officer's discretion. In a hearing on a protest, any evidence found by the presiding officer to be appropriate and in the public interest may be considered.(E) A protest of an interim fuel adjustment may be processed and reviewed in a manner deemed administratively efficient by the presiding officer.(F) Discovery in an interim fuel adjustment proceeding will be conducted in accordance with the commission's rules, except as modified by the presiding officer.", "sourceNote": "Source Note: The provisions of this §25.236 adopted\r\nto be effective July 5, 1999, 24 TexReg 4998; amended to be effective\r\nSeptember 30, 1999, 24 TexReg 8162; amended to be effective May 16,\r\n2001, 26 TexReg 3486; amended to be effective June 10, 2014, 39 TexReg\r\n4421; amended to be effective January 8, 2026, 51 TexReg 96." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227239", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.237", "label": "Fuel Factors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214268", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Use and calculation of fuel factors. An electric utility's fuel costs will be recovered from the electric utility's customers by the use of a fuel factor that will be charged for each kilowatt-hour (kWh) consumed by the customer.(1) An electric utility may determine its fuel factor in dollars per kilowatt-hour in accordance with either subparagraph (A) or (B) of this paragraph. Fuel factors must account for system losses and for the difference in line losses corresponding to the voltage at which the electric service is provided. An electric utility may have different fuel factors for different times of the year to account for seasonal variations. A different method of calculation may be allowed upon a showing of good cause by the electric utility.(A) Fuel factors may be determined by dividing the electric utility's projected net eligible fuel expenses, as defined in §25.236(a) of this title (relating to Recovery of Fuel Costs), by the corresponding projected kilowatt-hour sales for the period in which the fuel factors are expected to be in effect.(B) Fuel factors may be determined using a commission-approved, utility-specific fuel factor formula. Fuel factor formulas may be approved or revised only in a general rate change proceeding or a proceeding to consider an application to establish a fuel factor formula with notice and an opportunity for a hearing.(2) An electric utility may initiate a change to its fuel factor as follows:(A) In accordance with subsection (a)(1)(A) of this section, an electric utility may petition to adjust its fuel factor as often as once every four months according to the schedule set out in subsection (d) of this section.(B) In accordance with subsection (a)(1)(B) of this section, an electric utility may petition to adjust its fuel factor in accordance with its approved fuel factor formula no sooner than four months after the filing of its most recent fuel factor adjustment petition.(C) Notwithstanding subsection (a)(2)(A) of this section, an electric utility may petition to change its fuel factor at times other than provided in the schedule if an emergency exists as described in subsection (f) of this section.(D) An electric utility's fuel factor may be changed in any general rate proceeding.(3) Fuel factors are temporary rates, and the electric utility's collection of revenues by fuel factors is subject to the following adjustments:(A) The reasonableness of the fuel costs that an electric utility has incurred will be periodically reviewed in a reconciliation proceeding, as described in §25.236 of this title, and any disallowed costs resulting from a reconciliation proceeding will be reflected in the calculation of the utility's recoverable fuel and over- or under- collections.(B) To the extent that there are variations between the fuel costs incurred and the revenues collected, it may be necessary to refund material over-collections or surcharge material under-collections through an interim fuel adjustment under §25.236 of this title in the time and manner required by that section. Refunds or surcharges may be made without changing an electric utility's fuel factor.(C) The terms \"materially\" or \"material,\" as used in this section, mean that the cumulative amount of over- or under-recovery, including interest, is greater than or equal to 4.0 percent of the annual actual fuel cost figures on a rolling 12-month basis, as reflected in the utility's monthly fuel cost reports as filed by the utility with the commission.(b) Petitions to revise fuel factors.(1) An electric utility using the fuel factor methodology established in accordance with subsection (a)(1)(A) of this section may file a petition requesting revised fuel factors in accordance with subsection (a)(2)(A) of this section during the first five working days of the months specified in subsection (d) of this section. A copy of the complete petition package must be served on each party in the utility's most recent fuel reconciliation and on OPUC. Service must be accomplished in accordance with §22.74 of this title (relating to Service of Pleadings and Documents). Each complete fuel factor filing package must include the petition, a tariff sheet reflecting the proposed fuel factors, and supporting testimony that includes the following information:(A) For each month of the period in which the fuel-factor has been in effect and has not been reconciled up to the most recent month for which information is available,(i) the revenues collected in accordance with fuel factors by customer class;(ii) any other items that to the knowledge of the electric utility have affected fuel factor revenues and eligible fuel expenses; and(iii) the difference, by customer class, between the revenues collected in accordance with fuel factors and the eligible fuel expenses incurred.(B) To the extent that there are variations between the fuel costs incurred and the revenues collected, it may be necessary or convenient to refund overcollections or surcharge undercollections. Refunds or surcharges may be made without changing an electric utility's fuel factor. Nothwithstanding §25.236(e)(6) of this title, an electric utility may petition for a surcharge any time it has materially undercollected its fuel costs and projects that it will continue to be in a state of material undercollection. Notwithstanding §25.236(e)(6) of this title, an electric utility shall petition to make a refund any time it has materially overcollected its fuel costs and projects that it will continue to be in a state of material overcollection. \"Materially\" or \"material,\" as used in this section, shall mean that the cumulative amount of over- or under-recovery, including interest, is greater than or equal to 4.0% of the annual actual fuel cost figures on a rolling 12-month basis, as reflected in the utility's monthly fuel cost reports as filed by the utility with the commission.(2) An electric utility using the fuel factor formula methodology established in accordance with subsection (a)(1)(B) of this section may file a petition requesting revised fuel factors in accordance with subsection (a)(2)(B) of this section at least 15 days prior to the first billing cycle in the billing month in which the proposed fuel factors are requested to become effective. A copy of the complete petition package must be served on each party in the utility's most recent fuel reconciliation and on OPUC. Service must be accomplished in accordance with §22.74 of this title (relating to Service of Pleadings and Documents). Each complete fuel factor filing package must include:(A) a tariff sheet reflecting the proposed fuel factors;(B) workpapers (in native Excel format with formulas intact; and proof and verification of natural gas prices, including copies of data used to calculate the natural gas prices) supporting the calculation of the revised fuel factors;(C) calculations underlying any differentiation of fuel factors to account for differences in line losses corresponding to the voltage at which the electric service is provided; and(D) any computer generated documents must be provided in their native electronic format with all cells and internal formulas disclosed.(c) Fuel factor revision proceeding. The burden of proof and the scope of a fuel factor revision proceeding are as follows:(1) In a proceeding to revise fuel factors in accordance with subsection (a)(1)(A) of this section, an electric utility has the burden of proving that:(A) the expenses proposed to be recovered through the fuel factors are reasonable estimates of the electric utility's eligible fuel expenses during the period that the fuel factors are expected to be in effect;(B) the electric utility's estimated monthly kilowatt-hour system sales and off-system sales are reasonable estimates for the period that the fuel factors are expected to be in effect; and(C) the proposed fuel factors are reasonably differentiated to account for line losses corresponding to the voltage at which the electric service is provided.(2) The scope of a fuel factor revision proceeding under subsection (a)(1)(B) of this section is limited to the issue of whether the petitioning electric utility has appropriately calculated its proposed fuel factors. In a proceeding to revise fuel factors in accordance with subsection (a)(1)(B) of this section, an electric utility has the burden of proving that:(A) the electric utility has calculated its proposed fuel factors in compliance with the commission-approved fuel factor formula; and(B) the proposed fuel factors utilize a commission-approved adjustment to account for line losses corresponding to the voltage at which the electric service is provided.(3) The prudence of costs will not be considered in a fuel factor proceeding. The prudence of costs may only be reviewed in a fuel reconciliation proceeding under §25.236 of this title or another appropriate proceeding.(d) Schedule for filing petitions to revise fuel factors. A petition to revise fuel factors or to initiate or revise a fuel factor formula may be filed with any general rate proceeding or in accordance with paragraph (1) of this subsection.(1) Except as provided by subsection (f) of this section which addresses emergencies, petitions by an electric utility to revise fuel factors in accordance with subsection (a)(1)(A) of this section may only be filed in accordance with the following schedule:(A) February, June, and October: El Paso Electric Company; (B) March, July, and November: Entergy Texas, Inc.;(C) April, August, and December: Southwestern Public Service Company;(D) May, September, and January: Southwestern Electric Power Company; and(E) March, July, and November: any other electric utility not named in this subsection that uses one or more fuel factors.(2) Petitions by an electric utility to revise fuel factors in accordance with subsection (a)(1)(B) of this section may be filed in any month except December.(e) Procedural schedules.(1) Upon the filing of a petition to revise fuel factors in accordance with subsection (a)(1)(A) of this section, the presiding officer will set a procedural schedule that will enable the commission to issue a final order in the proceeding as follows:(A) within 60 days after the petition was filed, if no hearing is requested within 30 days of the petition; and(B) within 90 days after the filing of an administratively complete petition, if a hearing is requested within 30 days of the petition. If a hearing is requested, the hearing will be held no earlier than the first working day after the 45th day after the petition was filed.(2) Upon the filing of a petition to revise fuel factors in accordance with subsection (a)(1)(B) of this section, the presiding officer will set a procedural schedule as follows:(A) the presiding officer will issue an order approving the proposed fuel factors on an interim basis no later than 12 days after the date the petition was filed, if no objection to interim approval is filed within 10 days after the date the petition was filed;(B) if no hearing is requested within 30 days after the petition was filed, the presiding officer will, after submission of proof of notice by the electric utility, issue an order approving the fuel factors without hearing or action by the commission; and(C) if a hearing is requested within 30 days after the petition was filed, the hearing will be held no earlier than the first working day after the 45th day after the petition was filed and a final order will be issued within 90 days after the petition was filed, subject to submission of proof of notice by the electric utility.(f) Emergency revisions to the fuel factor. If fuel curtailments, equipment failure, strikes, embargoes, sanctions, or other reasonably unforeseeable circumstances have caused a material under-recovery of eligible fuel costs, the electric utility may file a petition with the commission requesting an emergency interim fuel factor. Such emergency requests must state the nature of the emergency, the magnitude of change in fuel costs resulting from the emergency circumstances, and other information required to support the emergency interim fuel factor. The commission will issue an interim order within 30 days after such petition is filed to establish an interim emergency fuel factor. If within 120 days after implementation, the emergency interim factor is found by the commission to have been excessive, the electric utility must refund all excessive collections with interest calculated on the cumulative monthly ending material under- or over-recovery balance in the manner and at the rate established by the commission for overbilling and underbilling in §25.28(c) and (d) of this title (relating to Bill Payment and Adjustments Billing). If, after full investigation, the commission determines that no emergency condition existed, a penalty of up to 10 percent of such over-collections may also be imposed on investor-owned electric utilities.(g) Protest of fuel factor.(1) Only a customer of the utility, a municipality with original jurisdiction over the utility, or OPUC is eligible to protest a fuel factor under this subsection. (A) A protest of a fuel factor must identify the eligibility of the person to submit the protest. (B) The commission will review a protest of a fuel factor to determine whether the utility's fuel factor reasonably reflects costs the utility will incur such that the utility will not substantially under-collect or over-collect the utility's reasonably stated fuel and purchased power costs on an ongoing basis.(C) The commission will not consider issues related to the prudence of costs raised in a protest.(D) If a hearing is sought, a protest must include a request for a hearing and the basis for the request.(2) If it is determined that a fuel factor is anticipated to result in a substantial under- or over-collection of costs by the utility, the utility's fuel factor will be adjusted to address the under-collection or over-collection in a manner consistent with this section.(3) The presiding officer may hold a hearing on a protest of a fuel factor and may consider any evidence that is appropriate and in the public interest.(4) A protest of a fuel factor may be processed and reviewed in a manner deemed administratively efficient by the presiding officer.(5) Discovery in a fuel factor or fuel factor formula revision proceeding will be conducted in accordance with the commission's rules, except as modified by the presiding officer.", "sourceNote": "Source Note: The provisions of this §25.237 adopted\r\nto be effective July 5, 1999, 24 TexReg 4998; amended to be effective\r\nDecember 30, 1999, 24 TexReg 11727; amended to be effective September\r\n4, 2008, 33 TexReg 7155; amended to be effective January 8, 2026,\r\n51 TexReg 96." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214268", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.238", "label": "Purchased Power Capacity Cost Recovery Factor (PCRF)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134381", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to an electric utility that sells electricity.(b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Class billing determinants -- Kilowatt-hours (kWh) for each class that is not billed using a demand charge, and kilowatts (kW) for each class that is billed using a demand charge.(2) Cost year -- the most recent historical 12-month period for which data are available at the time a utility prepares an application to establish, adjust, or terminate a PCRF. (3) Net production capacity invested capital -- Production capacity invested capital costs recorded in Federal Energy Regulatory Commission (FERC) Uniform System of Accounts 303, 310 - 317, 320 - 326, 330 - 337, and 340 - 347, less accumulated depreciation and adjusted for any changes in production capacity-related accumulated deferred federal income taxes and excluding any impact associated with Financial Accounting Standards Board Interpretation No. 48.(c) Establishment, adjustment, and termination of a PCRF.(1) A utility may apply for establishment of a PCRF rider only if all of the following conditions are met:(A) the utility's most recent comprehensive base-rate proceeding established sufficient information to allow for the determination of values for the parameters in subsection (h) of this section;(B) no more than two years have passed since the final order in the utility's most recent comprehensive base-rate proceeding;(C) the utility has not had a PCRF in effect within the last year; and(D) no PCRF has been in effect for the utility since the final order in the utility's most recent comprehensive base-rate proceeding.(2) The application in which the utility applies for the establishment, adjustment, or termination of a PCRF rider must be limited to issues related to the establishment, adjustment, or termination of the PCRF rider.(3) The PCRF must not include:(A) the cost of capacity purchased directly or indirectly from an affiliate, as defined in §25.5(3) of this title (relating to Definitions), of the utility, including, without limitation, whether such capacity is acquired through one or more intermediaries or pursuant to a FERC approved agreement or tariff of a Regional Transmission Organization or Independent System Operator, unless such affiliate-related purchases have been previously approved by the commission in a proceeding under subsection (d) of this section;(B) the cost of capacity owned by the utility;(C) any costs recoverable by the utility under §25.236 of this title (relating to Recovery of Fuel Costs), including purchases of firm energy;(D) any costs for purchases made through day-ahead or real-time markets of a Regional Transmission Organization or Independent System Operator.(4) Upon the establishment of a utility's PCRF, the utility must annually file an application for an adjustment of the PCRF. The cost year used in an annual PCRF adjustment must be the 12-month period that immediately follows the cost year used to set the existing PCRF. In addition, the utility must file the application to adjust the PCRF promptly after the relevant cost-year data become available. The commission may establish a schedule for the filing of such applications.(5) A utility may terminate its PCRF as part of any annual PCRF adjustment proceeding. The final order including the termination of a PCRF must specify the date by which the utility must be required to file an application for the final reconciliation of the costs and revenues associated with the terminated PCRF.(6) Commission staff may petition at any time to terminate a utility's PCRF.(7) A utility's request to establish, adjust, terminate, or reconcile a PCRF must include the utility's direct testimony supporting the request.(d) Pre-approval of purchased power agreements.(1) The commission may pre-approve a utility's executed agreement for the purchase of power capacity from an affiliate if it finds that the agreement is reasonable, and the utility may thereafter seek to include the capacity costs incurred under such a commission-approved agreement in its PCRF rider.(2) Though not required for inclusion in a PCRF rider, a utility may seek commission review of the reasonableness of a utility's executed agreement for the purchase of power capacity from a non-affiliate, and the utility may seek to include the capacity costs incurred under such a commission-approved agreement in its PCRF rider.(3) Agreements under paragraphs (1) and (2) of this subsection may include an agreement for the purchase of capacity to be delivered in the future that relies on the construction of a generating unit or units.(4) An application in which the utility applies for pre-approval of purchased power capacity agreements under this subsection must be limited to issues related to the pre-approval of such agreements. (5) A utility may apply for pre-approval of purchased power agreements under this subsection no more than once per year, and no more than three times between comprehensive base-rate proceedings. (e) Notice of PCRF proceeding. (1) Within one commission working day of filing an application limited to establishing, adjusting, or terminating a PCRF, a utility must provide notice of the application in accordance with the following:(A) Method of notice.(i) The utility must serve notice of the application on the parties to the utility's last PCRF reconciliation proceeding or, if there has been no PCRF reconciliation proceeding, on the parties to the utility's last comprehensive base-rate proceeding.(ii) The utility must issue a news release and post the news release on its website.(B) Content of notice. Notice provided pursuant to paragraph (1) of this subsection must include the following:(i) The date the application was filed;(ii) A description of the application, including the relief requested;(iii) The date of the intervention and hearing request deadline. The date of the intervention and hearing request deadline must be 30 days after the application was filed, except that if the date would fall on a day that is not a commission working day, the intervention and hearing request deadline must be the first commission working day after the 30th day after the application was filed;(iv) To the extent applicable, the existing PCRF and the proposed PCRF by rate class, and the percentage difference between the two;(v) For an application seeking to establish or adjust a PCRF, the following statement: \"The PCRF is subject to final review in the next PCRF reconciliation.\"(vi) The statement, \"Persons with questions or who want more information on this application may contact (utility name) at (utility address) or call (utility toll-free telephone number) during normal business hours. A complete copy of this application is available for inspection at the address listed above\"; and(vii) The statement, \"Persons who wish to intervene in the proceeding for this application, or who wish to provide their comments concerning this application, should contact the Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326, or call (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals may use Relay Texas (toll-free) 1-800-735-2989.\"(C) Proof of notice. Within five commission working days from the filing of the application limited to establishing or adjusting a PCRF, the utility must file proof in the form of an affidavit that it complied with this paragraph.(2) If a utility applies to reconcile a PCRF in a base-rate proceeding, the appropriate method and proof of notice set forth in §22.51 of this title (relating to Notice for Public Utility Regulatory Act, Chapter 36, Subchapters C-E; Chapter 51, §51.009; and Chapter 53, Subchapters C-E Proceedings) must apply. The notice must include a description of the requested change to the PCRF.(3) If a utility applies to reconcile a PCRF outside of a base-rate proceeding, the method of notice set forth in §25.235(b)(1)(B) of this title (relating to Fuel Costs-General) applies. The proof of notice set forth in §25.235(b)(3) of this title must apply. The notice must include a description of the requested reconciliation of the PCRF.(f) Procedural schedule. Upon the filing of an application limited to the annual adjustment of a PCRF pursuant to this section, the presiding officer must set a procedural schedule that will enable the commission to issue a final order in the proceeding as follows, except where good cause supports a different procedural schedule:(1) within 60 days after a sufficient application was filed, if no hearing is requested within 30 days of the filing of the application; or (2) within 120 days after a sufficient application was filed, if a hearing is requested within 30 days of the filing of the application. If a hearing is requested, the hearing will be held no earlier than the first working day after the 45th day after a sufficient application was filed.(g) Exclusion from fuel factor. Costs that are recovered through a PCRF must be excluded in calculating the utility's fixed fuel factor as defined in §25.237 of this title (relating to Fuel Factors).(h) PCRF formula.(1) The PCRF for each rate class must be calculated using the following formula:Attached Graphic(2) Where the cost year used in setting a PCRF includes a change in base rates due to a comprehensive base-rate proceeding, parameters in the PCRF formula that refer to values from the utility's last comprehensive base-rate proceeding must be calculated by prorating the values from the relevant base rate-proceedings across the cost-year.(i) True-up. After establishment of an initial PCRF, a subsequent PCRF cost year is expected to contain portions of two different PCRF rate years. Therefore, for purposes of calculating class over- or under-recoveries for use in a proceeding to adjust the PCRF, previous PCRF revenue requirements from PCRF rate years in effect during the cost year must be prorated across the cost year. For each rate class, the difference between the prorated cost-year PCRF revenue requirement that previous PCRFs were set to recover from that class and the actual cost-year PCRF revenues recovered from that class, with interest on the balance calculated at the rate established annually by the commission pursuant to §25.28(c) and (d) of this title (relating to Bill Payment and Adjustments), must be credited or charged to that class when calculating the adjusted PCRF. In the event that a PCRF rider is terminated, any over- or under-recovery amounts, with interest applied, must be included in a separate rider.(j) Reconciliation of PCRF expenses.(1) The reasonableness and necessity of expenses recovered through the PCRF must be reviewed, and such costs and corresponding PCRF revenues must be reconciled, as part of any proceeding initiated under §25.236(b) of this title. Upon motion and showing of good cause, a PCRF reconciliation proceeding may be severed from or consolidated with other proceedings.(2) In a proceeding in which PCRF costs are being reconciled, the electric utility has the burden of showing that:(A) its expenses recovered through the PCRF during the reconciliation period were reasonable and necessary expenses incurred to provide reliable electric service to retail customers; and(B) it has properly accounted for the amount of purchased power capacity-related revenues collected pursuant to the PCRF and corresponding to costs reviewed during the reconciliation period.(3) Any refunds or surcharges resulting from a PCRF reconciliation, with interest applied, must, in the annual PCRF proceeding immediately subsequent to the filing of the final order in the reconciliation proceeding, be incorporated into the true-up balances described in subsection (i) of this section. In the event that no PCRF rider is in effect subsequent to a PCRF reconciliation, such refunds or surcharges, with interest applied, must be included in a separate rider.(k) Transition Issues. For a utility subject to a commission order to transition to retail competition as of the effective date of this section, the utility's existing power cost recovery factor in its tariff approved under the prior rule continues to be effective until the effective date of new unbundled retail delivery tariffs for the utility, at which time the power cost recovery factor must be terminated. Any over- or under-recovery amounts, with interest applied, must be included in a separate rider to the utility's retail delivery tariffs to be established in the proceeding that approves such tariffs and must be credited or charged to customers as appropriate. The utility must file monthly reports with the commission showing all such amounts until no remaining amounts remain to be credited or charged, at which time the utility must file a final report with the commission.", "sourceNote": "Source Note: The provisions of this §25.238 adopted to be effective June 12, 2013, 38 TexReg 3568; amended to be effective July 19, 2023, 48 TexReg 3900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134381", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.239", "label": "Transmission Cost Recovery Factor for Certain Electric Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214269", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The provisions of this section apply to an electric utility that operates solely outside of the Electric Reliability Council of Texas in areas of Texas included in the Southwest Power Pool or the Western Electricity Coordinating Council and that owns or operates transmission facilities. (b) Definitions. (1) Approved transmission charges (ATC)--Wholesale transmission charges approved by a federal regulatory authority that are not being recovered through the electric utility's other retail or wholesale rates and that are appropriately allocated to Texas retail customers. The charges may relate to the use of transmission facilities owned and operated by another transmission service provider or regional transmission organization, including transmission-related administrative fees but not including dispatch fees, congestion charges, costs incurred to hedge congestion charges, or ancillary service charges.(2) Transmission invested costs (TIC)--The net change in the electric utility's transmission investment costs including additions, upgrades, and retirements as booked in FERC accounts 350-359, and accumulated depreciation.(c) Recovery authorized. The commission, after notice and hearing, may allow an electric utility to recover its reasonable and necessary costs for transmission infrastructure improvement and changes in wholesale transmission charges to the electric utility under a tariff approved by a federal regulatory authority to the extent that the costs or charges have not otherwise been recovered and are incurred after December 31, 2005. Any such recovery shall be made through the use of a transmission cost recovery factor (TCRF) approved by an order of the commission. The TCRF shall be calculated pursuant to subsection (d) of this section. If a utility has not had a base rate case with a final order issued after December 2005, the utility shall not be eligible for recovery under this provision without first obtaining a final order in a base rate case.(d) Transmission cost recovery factor (TCRF). The TCRF shall be determined by the following formula:Attached Graphic(e) Transmission cost recovery factor revenue requirement (RR). For an electric utility subject to this section, the transmission cost recovery factor revenue requirement (RR) shall be calculated by using the following formula: Attached Graphic(f) Setting and amending the TCRF. An electric utility that is subject to this section may file an application to set or amend a TCRF. The commission staff may also file an application to amend a TCRF. An electric utility may not apply to amend its TCRF more frequently than once each calendar year, but a TCRF shall be reviewed or amended at least once every three years. Upon completion of a base rate case for a utility, the TCRF shall be set to zero. In a docket in which the TCRF is reviewed or amended, the commission may order the refund of any previous over-recovery, but the commission shall not order the surcharge of any under-recovery. An over-recovery shall be considered to have occurred if the revenues from the TCRF were greater than the costs that the TCRF was intended to recover. (g) TCRF forms. The commission may develop forms for TCRF applications and for monitoring the revenues from a TCRF. If the commission develops and approves such forms, an electric utility shall use the forms as required by the instructions accompanying the form.", "sourceNote": "Source Note: The provisions of this §25.239 adopted to be effective January 2, 2008, 32 TexReg 9953." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214269", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.240", "label": "Contribution Disclosure Statements in Appeals of Municipal Utility Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "75124", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Chapter 33, Subchapter D. Each party to an appeal proceeding under the Public Utility Regulatory Act (PURA), Chapter 33, Subchapter D must file a statement with the commission disclosing all expenditures made by that party and all contributions made to that party, whether the expenditures or contributions are financial or in-kind, related to preparation of and filing of a petition for appeal, the preparation of expert testimony, and legal representation in the proceeding. The municipality whose rates are the subject of the appeal, commission staff, and the Office of Public Utility Counsel are not required to file a statement. The statement must list with particularity the name and address of each contributor and provide a description of each contribution. The statement will be available to the public. The statement must be filed within 30 days after a final appealable order is entered by the commission or the petition of appeal is withdrawn.(b) Pursuant to PURA §33.123. Any party that brings an appeal under PURA §33.123 (appellant) must file within 30 days after filing the appeal with the commission and within each 30 days thereafter, a statement that discloses with particularity each and every contribution, whether financial or in-kind, made to the appellant in support of the appeal. This obligation will continue until a statement is filed that includes all contributions made up until the commission has entered a final appealable order. The statement will list the name and address of each contributor and provide a description of each contribution.(c) Hearings on statements. Upon motion by any party or upon the commission's own motion, the commission may conduct a hearing on the statements to make such determinations as may be necessary under PURA, Chapter 33, Subchapter D or §33.123.", "sourceNote": "Source Note: The provisions of this §25.240 adopted to be effective March 10, 1999, 24 TexReg 1614; amended to be effective July 19, 2023, 48 TexReg 3900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "75124", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.241", "label": "Form and Filing of Tariffs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139495", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to all electric utilities.(b) Effective tariff. No utility shall directly or indirectly offer any service, collect any rate or charge, give any compensation or discount to a customer, or impose any classification, practice, or regulation different from that which is prescribed in its effective tariff filed with the commission. The tariff may include mathematical formulas that express the pricing terms for service. Every contract for electric service between an electric utility and a customer shall be deemed to be part of the effective tariff, and shall be filed with the commission upon request.(c) Requirements as to size, form, identification and filing of tariffs.(1) Every public utility shall file with the commission filing clerk five copies of its tariff containing schedules of all its rates, tolls, charges, rules, and regulations pertaining to all of its utility service . It shall also file five copies of each subsequent revision. Each revision shall be accompanied by a cover page which contains a list of pages being revised, a statement describing each change, its effect if it is a change in an existing rate, and a statement as to impact on rates of the change by customer class, if any. If a proposed tariff revision constitutes an increase in existing rates of a particular customer class or classes, then the commission may require that notice be given.(2) All tariffs shall be in loose-leaf form of size 8 1/2 inches by 11 inches and shall be plainly printed or reproduced on paper of good quality. The front page of the tariff shall contain the name of the utility and location of its principal office and the type of service rendered (telephone, electric, etc.).(3) Each rate schedule must clearly state the territory, city, county, or exchange wherein said schedule is applicable.(4) Tariff sheets are to be numbered consecutively per schedule. Each sheet shall show an effective date, a revision number, section number, sheet number, page number, name of the utility, the name of the tariff, and title of the section in a consistent manner. Sheets issued under new numbers are to be designated as original sheets. Sheets being revised should show the number of the revision, and the sheet numbers shall be the same.(d) Composition of tariffs. The tariff shall contain sections and subsections setting forth:(1) a table of contents;(2) a list of the cities and counties in which service is provided;(3) a brief description of the utility's operations;(4) the rate schedules; and(5) the service regulations, including the service agreement forms.(e) Tariff filings in response to commission orders. Tariff filings made in response to an order issued by the commission shall include a transmittal letter stating that the tariffs attached are in compliance with the order, giving the docket number, date of the order, a list of tariff sheets filed, and any other necessary information. The tariff sheets shall comply with all other rules in this chapter and shall include only changes ordered. The effective date and/or wording of said tariffs shall comply with the provisions of the order.(f) Symbols for changes. Each proposed tariff sheet shall contain notations in the right-hand margin indicating each change made on these sheets. Notations to be used are: (C) to denote a change in regulations; (D) to denote discontinued rates or regulations; (E) to denote the correction of an error made during a revision (the revision which resulted in the error must be one connected to some material contained in the tariff prior to the revision); (I) to denote a rate increase; (N) to denote a new rate or regulation; (R) to denote a rate reduction; and (T) to denote a change in text, but no change in rate or regulation. In addition to symbols for changes, each changed provision in the tariff shall contain a vertical line in the right-hand margin of the page, which clearly shows the exact number of lines being changed.(g) Availability of tariffs. Each utility shall make available to the public at each of its business offices or designated sales offices within Texas all of its tariffs currently on file with the commission, and its employees shall lend assistance to persons seeking information on its tariffs and afford inquirers an opportunity to examine any tariff upon request. The utility also shall provide copies of any portion of its tariffs at a reasonable cost.(h) Rejection. If a tariff filed with the commission is found not to be in compliance with these sections, commission Staff shall file a brief explanation of the reasons for rejection.(i) Effective date of tariff change. No jurisdictional tariff change may take effect prior to 35 days after filing without commission approval. The requested date will be assumed to be 35 days after filing unless a different date is requested in the application. The commission may suspend the effective date of the tariff change for 120 days after the requested effective date and may extend that suspension another 30 days if required for final determination. In the case of an actual hearing on the merits of a case that exceeds 15 days, the suspension date is extended two days for each one day of actual hearing in excess of 15 actual hearing days.(j) Compliance. Electric utilities that file new tariffs or tariff revisions shall comply with the 1998 amendments to this section with respect to the new or revised tariffs.", "sourceNote": "Source Note: The provisions of this §25.241 adopted to be effective June 22, 1999, 24 TexReg 4551." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139495", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.242", "label": "Arrangements Between Qualifying Facilities and Electric Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "153211", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to regulate the arrangements between qualifying facilities, retail electric providers with the price to beat obligation (PTB REPs), and electric utilities as required by federal and state law in a manner consistent with the development of a competitive wholesale power market.(b) Application. This section applies to all PTB REPs and to all electric utilities, including transmission and distribution utilities. The provisions of this section concerning purchase or sale of electricity between an electric utility and a qualifying facility do not apply to a transmission and distribution utility. This section does not apply to municipal utilities, river authorities, or electric cooperatives.(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Avoided costs--The incremental costs to a PTB REP, or electric utility of electric energy, which, but for the purchase from the qualifying facility or qualifying facilities, such PTB REP or electric utility would generate itself or purchase from another source.(2) Back-up power--Electric energy or capacity supplied to replace energy or capacity ordinarily generated by a qualifying facility's own generation equipment during an unscheduled outage of the qualifying facility.(3) Cost of decremental energy--The cost savings to a utility associated with the utility's ability to back-down some of its units or to avoid firing units, or to avoid purchases of power from another source because of purchases of power from qualifying facilities.(4) Electric utility--For purposes of this section, an integrated investor-owned utility that has not unbundled in accordance with Public Utility Regulatory Act §39.051.(5) Firm power--From a qualifying facility, power or power-producing capacity that is available pursuant to a legally enforceable obligation for scheduled availability over a specified term.(6) Host utility--The utility with which the qualifying facility is directly interconnected.(7) Maintenance power--Electric energy or capacity supplied during scheduled outages of the qualifying facility.(8) Market price--The market-clearing price of energy (MCPE) in the balancing energy market for the Electric Reliability Council of Texas (ERCOT) congestion zone in which the power is produced, minus any administrative costs, including an appropriate share of ERCOT-assessed penalties and fees typically applied to power generators.(9) Non-firm power from a qualifying facility--Power provided under an arrangement that does not guarantee scheduled availability, but instead provides for delivery as available.(10) Parallel operation--A mode of operation which enables a qualifying facility to export automatically any electric capacity which is not consumed by the qualifying facility or the user of the qualifying facility's output. Parallel operation results in three possible states of operation at any point in time:(A) The qualifying facility is generating an amount of capacity that is less than the customer's load. The customer is therefore a net consumer.(B) The qualifying facility is generating an amount of capacity that is more than the customer's load. The customer is therefore a net producer.(C) The qualifying facility is generating an amount of capacity that is equal to the customer's load. The customer is therefore neither a net producer nor a net consumer.(11) Purchase--The purchase of electric energy or capacity or both from a qualifying facility by a PTB REP or electric utility.(12) Purchasing utility--The electric utility that is purchasing a qualifying facility's capacity and/or energy.(13) Quality of firmness of a qualifying facility's power--The degree to which the capacity offered by the qualifying facility is an equivalent quality substitute for firm purchased power or an electric utility's own generation. At a minimum the following factors should be considered in determining quality of firmness:(A) reliability of generation and interconnection;(B) forced outage rate;(C) availability during peak periods;(D) the terms of any contract or other legally enforceable obligation, including, but not limited to, the duration of the obligation, performance guarantees, termination notice requirements, and sanctions for noncompliance;(E) maintenance scheduling;(F) availability for system emergencies, including the ability to separate the qualifying facility's load from its generation;(G) the individual and aggregate value of energy and capacity from qualifying facilities on the electric utility's system;(H) other dispatch characteristics;(I) reliability of primary and secondary fuel supplies used by the qualifying facility; and(J) impact on utility system stability.(14) Retail electric provider with the price to beat obligation (PTB REP)--A REP that makes available a PTB pursuant to PURA §39.202.(15) Sale--The sale of electric energy or capacity or both supplied to a qualifying facility.(16) Supplementary power--Electric energy or capacity regularly used by a qualifying facility in addition to that which the facility generates itself.(17) System emergency--A condition on a utility's system that is likely to result in imminent significant disruption of service to customers or is imminently likely to endanger life or property.(18) Transmission and distribution utility (TDU)--As defined in §25.5 of this title (relating to Definitions).(d) Negotiation and filing of rates.(1) Negotiated rates or terms. Nothing in this section shall:(A) limit the authority of any PTB REP or electric utility or any qualifying facility to agree to a rate for any purchase, or terms or conditions relating to any purchase, which differs from the rate or terms or conditions that would otherwise be required by this section; or(B) affect the validity of any contract entered into between a qualifying facility and a PTB REP or electric utility for any purchase before the adoption of this section.(2) Filing of rates. All rates for sales to qualifying facilities, contractual or otherwise, shall be contained in the schedule of rates of the electric utility filed with the commission.(e) Availability of electric utility system cost data.(1) Applicability. Paragraph (2) of this subsection applies to large electric utilities whose total sales of electric energy for purposes other than resale exceeded 500 million kilowatt-hours during any calendar year beginning after December 31, 1975, and before the immediately preceding calendar year. Paragraph (3) of this subsection applies to all other electric utilities.(2) Data request for large electric utilities. Large utilities shall file the following data:(A) the estimated avoided cost on the electric utility's system, solely with respect to the energy component, for various levels of purchases from qualifying facilities. Such levels of purchases shall be stated in blocks of one, ten and 100 megawatts or not more than 10% of the system peak demand for systems of less than 1,000 megawatts. The avoided cost shall be stated on a cents-per-kilowatt-hour basis, during daily and seasonal peak and off-peak periods, by year, for the current calendar year and each of the next nine years.(B) the electric utility's plan for the addition of capacity by amount and type, for purchases of firm energy and capacity, and for capacity retirements for each year during the succeeding nine years.(C) for the current year and each of the next nine years, the estimated capacity costs at completion of the planned capacity additions and planned capacity purchases, on the basis of dollars-per-kilowatt, and the associated energy costs of each unit, expressed in cents per kilowatt-hour. These costs shall be expressed in terms of individual generating units and of individual planned firm purchases. Such information shall be submitted in accordance with the Federal Energy Regulatory Commission Regulations, 18 Code of Federal Regulations, §292.302 and shall be sufficient for qualifying facilities to reasonably estimate the utility's avoided cost. Accompanying each filing pursuant to this rule shall be a detailed explanation of how the data was determined, including sources and assumptions employed.(3) Special requirements for small electric utilities. Affected utilities shall, upon request:(A) provide to an interested person comparable data to that required under paragraph (2) of this subsection to enable qualifying facilities to estimate the electric utility's avoided costs; or(B) with regard to an electric utility that is legally obligated to obtain all its requirements for electric energy and capacity from another electric utility, provide to an interested person the data of its supplying utility and the rates at which it currently purchases such energy and capacity.(4) Filing date. By February 15 each year, large electric utilities shall file with the commission and shall maintain for public inspection the data set forth in paragraph (2) of this subsection.(f) PTB REP and electric utility obligations.(1) Obligation to purchase from qualifying facilities.(A) In accordance with this subsection and subsection (g) of this section, each PTB REP and electric utility shall purchase any energy that is made available from a qualifying facility:(i) directly to the PTB REP or electric utility; or(ii) indirectly to the PTB REP or electric utility in accordance with paragraph (4) of this subsection.(B) Each electric utility shall purchase energy from a qualifying facility with a design capacity of 100 kilowatts or more within 90 days of being notified by the qualifying facility that such energy is or will be available, provided that the electric utility has sufficient interconnection facilities available. If an agreement to purchase energy is not reached within 90 days after the qualifying facility provides such notification, the agreement, if and when achieved, shall bear a retroactive effective date for the purchase of energy delivered to the electric utility correspondent with the 90th day following such notice. If the electric utility determines that adequate interconnection facilities are not available, the electric utility shall inform the qualifying facility within 30 days after being notified for distribution interconnection, or within 60 days for transmission interconnection, giving the qualifying facility a description of the additional facilities required as well as cost and schedule estimates for construction of such facilities. If an agreement to purchase energy is not reached upon completion of construction of the interconnection facilities or 90 days after notification by the qualifying facility that such energy is or will be available, the agreement, if and when achieved, shall bear a retroactive effective date for the purchase of energy delivered to the electric utility correspondent with the time of interconnection or the 90th day, whichever is later. Nothing in this subsection shall be construed in a manner that would preclude a qualifying facility from notifying and contracting for energy with a utility for sale of energy prior to 90 days before delivery of such energy.(C) Each PTB REP shall purchase energy from a qualifying facility with a design capacity of 100 kilowatts or more within a timely fashion after being notified by the qualifying facility that such energy is or will be available.(2) Obligation to sell to qualifying facilities. In accordance with subsection (k) of this section, each electric utility shall sell any energy and capacity requested to any qualifying facility located within the electric utility's service area. Each PTB REP shall also sell any energy requested to any qualifying facility; however, those sales shall be at market based rates. Nothing shall restrict the ability of any qualifying facility to purchase energy from any REP.(3) Interconnection. Interconnection by a qualifying facility is addressed by Subchapter I, Division 1, of this chapter (relating to Transmission and Distribution) if the interconnection is to a transmission system and by §25.211 of this title (relating to Interconnection of On-site Distributed Generation) if the interconnection is to a distribution system, except if the interconnection is regulated by the Federal Energy Regulatory Commission.(4) Transmission to other electric utilities. Transmission service provided by an electric utility in the ERCOT power region to a qualifying facility shall be governed by Subchapter I of this chapter.(5) PTB REP and scheduling with qualifying facilities. A PTB REP shall use dynamic resource scheduling or responsibility transfer in ERCOT with any qualifying facility that requests such scheduling, as permitted by ERCOT. The PTB REP's cost of using dynamic resource scheduling or responsibility transfer attributable solely to purchases from qualifying facilities shall be charged to qualifying facilities that use such scheduling. If a qualifying facility uses static scheduling, the qualifying facility shall bear the costs for any imbalances resulting from the qualifying facility's failure to submit a schedule or to comply with the schedule.(g) Rates for purchases from a qualifying facility.(1) Rates for purchases of energy and capacity from any qualifying facility shall be just and reasonable to the customers of the electric utility or PTB REP and in the public interest, and shall not discriminate against qualifying cogeneration and small power production facilities.(2) Rates for purchases of energy and capacity from any qualifying facility shall not exceed avoided cost. Rates for purchase shall be based upon a market-based determination of avoided costs over the specific term of the contract or other legally enforceable obligation, the rates for such purchase do not violate this subsection if the rates for such purchase differ from avoided cost at the time of delivery. Payments which do not exceed avoided cost shall be found to be just and reasonable operating expenses of the electric utility.(3) A QF may agree to commit, on a day-ahead basis, to deliver firm power for the next day to a PTB REP. Rates for purchase of this power shall be based on prices for the day that the power was actually delivered as reported or published in an independent third party index or survey of trades of commonly traded power products in ERCOT, provided that the index or survey is ERCOT-specific and is based upon enough transactions to represent a liquid market, and the commitment to deliver shall correspond with the relevant hours of delivery of those products.(h) Standard rates for purchases from qualifying facilities with a design capacity of 100 kilowatts or less.(1) There shall be included in the tariffs of each electric utility standard rates for purchases from qualifying facilities with a design capacity of 100 kilowatts or less. The rates for purchases under this paragraph:(A) shall be consistent with subsection (g) of this section, as it concerns purchases from a qualifying facility;(B) shall consider the aggregate capacity value provided by multiple qualifying facilities with a design capacity of 100 kilowatts or less; and(C) may differentiate among qualifying facilities using various technologies on the basis of the supply characteristics of the different technologies.(2) Terms and conditions unique to qualifying facilities with a design capacity of 100 kilowatts or less such as metering arrangements, safety equipment requirements, liability for injury or equipment damage, access to equipment and additional administrative costs, if any, shall be included in a standard tariff.(3) The standard tariff shall offer at least the following options:(A) parallel operation with interconnection through a single meter that measures net consumption;(i) net consumption for a given billing period shall be billed in accordance with the standard tariff applicable to the customer class to which the user of the qualifying facility's output belongs;(ii) net production will not be metered or purchased by the utility and therefore there will be no additional customer charge imposed on the qualifying facility;(B) parallel operation with interconnection through two meters with one measuring net consumption and the other measuring net production;(i) net consumption for a given billing period shall be billed in accordance with the standard tariff applicable to the customer class to which the user of the qualifying facility's output belongs;(ii) net production for a given billing period shall be purchased at the standard rate provided for in paragraph (1)(A) and (B) of this subsection;(C) interconnection through two meters with one measuring all consumption by the customer and the other measuring all production by the qualifying facility;(i) all consumption by the customer for a given billing period shall be billed in accordance with the standard tariff applicable to the customer class to which the customer would belong in the absence of the qualifying facility;(ii) all production by the qualifying facility for a given billing period shall be purchased at the standard rate provided for in paragraph (1)(A) and (B) of this subsection.(4) In addition, each electric utility shall offer qualifying facilities using renewable resources with an aggregate design capacity of 50 kilowatts or less the option of interconnecting through a single meter that runs forward and backward.(A) Any consumption for a given billing period shall be billed in accordance with the standard tariff applicable to the customer class to which the user of the qualifying facility's output belongs.(B) Any production for a given billing period shall be purchased at the standard rate provided for in paragraph (1)(A) of this subsection.(C) This option is not available if a contract for interconnection or the purchase of electricity is executed after December 31, 2008.(5) Interconnection requirements necessary to permit interconnected operations between the qualifying facility and the utility and the costs associated with such requirements shall be dealt with in a manner consistent with Subchapter I of this chapter.(6) The rates, terms and conditions contained in the standard tariff for qualifying facilities with a design capacity of 100 kilowatts or less shall be subject to review and revision by the commission.(7) Except for qualifying facilities subject to §25.217 of this title (relating to Distributed Renewable Generation) requirements for the provision of insurance under this subsection shall be of a type commonly available from insurance carriers in the region of the state where the customer is located and for the classification to which the customer would belong in the absence of the qualifying facility. An enhancement to a standard homeowner's or farm and ranch owner's policy containing adequate liability coverage and having the effect of adding the electric utility as an additional insured or named insured is one means of satisfying the requirements of this paragraph. Such policies shall in each instance be on a form approved or promulgated by the Texas Department of Insurance and issued by a property or casualty insurer licensed to do business in the State of Texas.(i) Tariffs setting out the methodologies for purchases of nonfirm power from a qualifying facility. Tariffs setting out the methodologies for purchases of nonfirm power from a qualifying facility shall be filed with the commission based on one of the following approaches:(1) Rates for purchases of nonfirm power may, by agreement of both the electric utility and the qualifying facility, be based on the utility's average avoided energy costs. Administrative, billing, and metering costs shall be recovered through a monthly customer charge to the qualifying facility.(2) PTB REPs and QFs may mutually agree to rates for purchases of nonfirm power that differ from the rates described in paragraph (4) of this subsection. Any such agreements shall be made on a nondiscriminatory basis. Such agreements may include provisions to prevent the potential for arbitrage.(3) Rates for purchases of nonfirm power may, at the option of the qualifying facility, be based on the full cost at the time of delivery of decremental energy that would have been incurred by the electric utility had the qualifying facility not been in operation.(A) The following factors should be considered in the calculation of the cost of decremental energy:(i) fuel costs;(ii) variable operating and maintenance costs;(iii) line losses;(iv) heat rates;(v) cost of purchases from other sources;(vi) other energy-related costs;(vii) capacity costs, if, as a class, qualifying facilities providing nonfirm energy offer some predictable capacity; and(viii) for short term energy purchases, the time and quantity of energy furnished.(B) If practical, the avoided cost should be determined by calculating by time period, using the utility's economic dispatch model (or comparable methodology), the difference between the cost of the total energy furnished by both the qualifying facility and the utility, computed as though the energy furnished by the qualifying facility had been furnished by the utility, and the actual cost of energy furnished by the utility.(C) The economic dispatch model should take into consideration the following factors:(i) fuel costs;(ii) variable operating and maintenance costs;(iii) line losses;(iv) heat rates;(v) purchased power opportunity;(vi) system stability; and(vii) operating characteristics.(D) Time periods should be hourly if the utility has an automated economic dispatch model available; otherwise the shortest reasonable time period for which costs can be determined should be used.(E) Administrative, billing, and metering costs shall be recovered through a monthly customer charge to the qualifying facility.(4) Rates for purchases of nonfirm power shall be based on the market price of energy at the time of sale from the QF unless other arrangements have been made in accordance with paragraph (2) of this subsection. Administrative, billing, and metering costs shall be recovered through a monthly customer charge to the qualifying facility. Such agreements may include provisions to prevent the potential for arbitrage.(j) Periods during which purchases not required.(1) Any PTB REP or electric utility which gives notice to each affected qualifying facility in time for the qualifying facility to cease delivery of energy or capacity to the PTB REP, or electric utility will not be required to purchase electric energy or capacity during any period during which, due to operational circumstances, including resource ramp rate limitations that could cause imbalances or the amount of energy put by the QF exceeds the PTB REP's load, purchases from qualifying facilities will result in costs greater than those which the electric utility would incur if it did not make such purchases, but instead generated an equivalent amount of energy itself, provided, however, that this subsection does not override contractual obligations of the PTB REP or electric utility to purchase from a qualifying facility.(2) Any PTB REP or electric utility which fails to give notice to each affected qualifying facility in time for the qualifying facility to cease the delivery of energy or capacity to the PTB REP or electric utility will be required to pay the same rate for such purchase of energy or capacity as would be required had the period of greater costs not occurred.(3) A claim by PTB REP or an electric utility that such a period has occurred or will occur is subject to such verification by the commission either before or after the occurrence.(k) Rates for sales to qualifying facilities.(1) General rules.(A) Rates for sales to qualifying facilities shall be just and reasonable and in the public interest, and shall not discriminate against any qualifying facility in comparison to rates for sales to other customers served by the electric utility. Rates for standby or other supplementary service shall be based on the amount of capacity contracted for between the qualifying facility and the electric utility, and shall not penalize electric utilities that also purchase power from qualifying facilities. The need for and cost responsibility for special equipment or system modifications shall be determined by application of Subchapter I of this chapter.(B) Rates for sales that are based on accurate data and consistent system-wide costing principles shall not be considered to discriminate against any qualifying facility to the extent that such rates apply to the electric utility's other customers with similar load or other cost-related characteristics.(2) Additional services to be provided to qualifying facilities.(A) Upon request of a qualifying facility within its service area, each electric utility shall provide:(i) supplementary power;(ii) back-up power;(iii) maintenance power; and(iv) interruptible power.(B) An electric utility shall not be required to provide supplementary power, back-up power, or maintenance power to a qualifying facility if the commission finds that provision of such power will:(i) impair the electric utility's ability to render adequate service to its customers; or(ii) place an undue burden on the electric utility.(3) Rates for sales of back-up power and maintenance power. The rate for sales of back-up power or maintenance power:(A) shall not be based upon an assumption (unless supported by factual data) that forced outages or other reductions in electric output by all qualifying facilities on an electric utility's system will occur simultaneously, or during the system peak, or both; and(B) shall take into account the extent to which scheduled outages of the qualifying facilities can be usefully coordinated with scheduled outages of the utility's facilities.(l) System emergencies.(1) Qualifying facility obligation to provide power during system emergencies. A qualifying facility shall be required to provide energy or capacity to an electric utility during a system emergency only to the extent:(A) provided by agreement between such qualifying facility and electric utility; or(B) ordered under the Federal Power Act, §202(c).(2) Discontinuance of purchases and sales during system emergencies. During any system emergency, an electric utility may discontinue:(A) purchases from a qualifying facility if such purchases would contribute to such emergency; and(B) sales to a qualifying facility, provided that such discontinuance is on a nondiscriminatory basis.(m) Enforcement. A proceeding to resolve a dispute between an electric utility, PTB REP and a qualifying facility arising under this section may be instituted by filing of a petition with the commission. Electric utilities, PTB REPs, and qualifying facilities are encouraged to engage in alternative dispute resolution prior to the filing of a complaint.", "sourceNote": "Source Note: The provisions of this §25.242 adopted to be effective May 24, 1999, 24 TexReg 3846; amended to be effective July 14, 2002, 27 TexReg 5966; amended to be effective January 8, 2009, 34 TexReg 187." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "153211", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.243", "label": "Distribution Cost Recovery Factor (DCRF)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156616", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and application. This section implements Public Utility Regulatory Act (PURA) §36.210. This section applies to electric utilities, including transmission and distribution utilities (TDUs), that provide wholesale or retail distribution service. (b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise. (1) Capitalized operations and maintenance expenses--Expenses that have been deferred or amortized as a regulatory asset or liability. (2) DCRF proceeding--A proceeding conducted pursuant to this section in which creation or amendment of a DCRF is considered on application of an electric utility to the commission pursuant to subsection (c)(1) of this section. (3) Distribution invested capital--The parts of the electric utility's invested capital, as described in PURA §36.053, that are categorized as distribution plant, distribution-related intangible plant, and distribution-related communication equipment and networks properly recorded in Federal Energy Regulatory Commission (FERC) Uniform System of Accounts 303, 352, 353, 360 through 374, 391, and 397. Distribution invested capital includes only costs: for plant that has been placed into service; that comply with PURA, including §36.053 and §36.058; and that are prudent, reasonable, and necessary. Distribution invested capital does not include: generation-related costs; transmission-related costs, including costs recovered through rates set pursuant to §25.192 of this title (relating to Transmission Service Rates), §25.193 of this title (relating to Distribution Service Provider Transmission Cost Recovery Factors (TCRF)), or §25.239 of this title (relating to Transmission Cost Recovery Factor for Certain Electric Utilities); indirect corporate costs; capitalized operations and maintenance expenses; and distribution invested capital recovered through a separate rate, including a surcharge, tracker, rider, or other mechanism. In a DCRF proceeding, an electric utility may elect not to seek recovery of certain distribution invested capital, but may not exclude all of the distribution invested capital in one of the accounts identified above unless the electric utility can prove that the distribution invested capital in the account reduced by the related accumulated depreciation is greater than the distribution invested capital in the account reduced by the related accumulated depreciation used in setting rates in the electric utility's last comprehensive base-rate proceeding. (4) Net distribution invested capital--Distribution invested capital less accumulated depreciation and adjusted for any changes in distribution-related accumulated deferred federal income taxes and excluding any impact associated with Financial Accounting Standards Board Interpretation No. 48 (FIN 48). (5) Weather-normalized--Adjusted for normal weather using weather data for the most recent ten calendar years. (c) Application for a DCRF. (1) General requirements. (A) Filing of application. An electric utility may apply for inclusion of a DCRF in its tariffs for wholesale and retail distribution service. To implement a DCRF, an electric utility shall file the application for the DCRF simultaneously with all regulatory authorities having original jurisdiction over the electric utility's distribution service area. (B) Municipal proceedings. A municipality's governing body with original jurisdiction over an application for a DCRF shall make a final decision on the application within 60 days after the application was filed. If the governing body does not make a final decision within 60 days after the application was filed, the application is deemed denied by the governing body. On the 60th day after the application is filed, the electric utility is deemed to appeal the governing body's final decision to the commission, regardless of whether the governing body approves or denies the application, and the appeal is deemed at that time to be consolidated with the electric utility's DCRF proceeding before the commission. In addition, the governing body's interim and final decisions are deemed automatically suspended at the times they took effect. (C) Frequency of DCRF proceedings. An electric utility may have no more than one DCRF (including a DCRF amendment) become effective each calendar year pursuant to an application filed pursuant to this paragraph. An electric utility may change its rates pursuant to a DCRF no more than four times between comprehensive base-rate proceedings. An electric utility shall not apply for a DCRF while a comprehensive base-rate proceeding for the electric utility is pending. In addition, the presiding officer shall dismiss an electric utility's application for a DCRF if the electric utility or commission initiates a comprehensive base-rate proceeding within 145 days after the electric utility filed the application for a DCRF. (2) Requirements applicable to TDUs. A TDU may file an application for a DCRF only during the period April 1 through April 8. A TDU shall not file an application for a DCRF after April 8 of a year even if April 8 is not a working day, as defined by §22.2(44) of this title (relating to Definitions). (3) Requirements applicable to other electric utilities. An electric utility that does not offer customer choice may file an application for a DCRF at any time other than in April and May. (d) Calculation of DCRF. (1) DCRF formula. The DCRF for each rate class shall be calculated using the following formula: Attached Graphic(2) Return on invested capital. The electric utility's rate of return is the rate of return approved by the commission in the electric utility's last comprehensive base-rate proceeding if the final order (which may be an order on rehearing) approving the rate of return was filed less than three years before the application for a DCRF was filed. If the final order approving the rate of return was filed three years or more before the application for a DCRF was filed, the rate of return is the lesser of the rate of return in the final order or the alternative rate of return calculated as follows: The alternative rate of return shall be calculated using a 10% cost of equity, the capital structure approved by the commission in the electric utility's last comprehensive base-rate proceeding, and the cost of debt as reported in the electric utility's most recent Earnings Monitoring Report filed pursuant to §25.73 of this title (relating to Financial and Operating Reports). (3) Determination of Distribution Invested Capital. The electric utility must clearly identify any costs included as distribution invested capital because of a change in accounting rules or practices since the test year in the electric utility's most recent comprehensive base-rate proceeding. The commission shall exclude such costs if the electric utility does not prove that the costs are appropriate for recovery through the DCRF. (e) Procedures for DCRF proceeding. (1) Filing requirements. To file an application for a DCRF, an electric utility shall use the commission-prescribed form and include a sworn statement from an appropriate employee of the electric utility that the application complies with the electric utility's tariff and this section, including that the distribution invested capital in the application includes only costs: for plant that has been placed into service; that comply with PURA, including §36.053 and §36.058; and that are prudent, reasonable, and necessary. In addition, the sworn statement shall state that the application is true and correct to the best of the employee's knowledge, information, and belief. Furthermore, the electric utility shall include in its application an earnings monitoring report for the immediately preceding calendar year prepared in accordance with §25.73(b) of this title. (2) Notice and intervention deadline. By the day after it files its application, the electric utility shall provide notice of its application, using a reasonable method of notice, to all parties in the electric utility's last comprehensive base-rate proceeding and, if applicable, last DCRF proceeding, and shall include in the notice the docket number for the new proceeding. The intervention deadline is 30 days from the date service of notice is completed. (3) Parties. The Office of Public Utility Counsel and affected parties may participate as parties in a DCRF proceeding. (4) Denial due to earnings. The commission shall deny an electric utility's application for a DCRF if the earnings monitoring report included in the electric utility's application shows that the electric utility is earning more than its authorized rate of return using weather-normalized data. In making this determination, the commission shall correct the calculation of the earned rate of return in the earnings monitoring report to the extent that the calculation does not comply with §25.73(b) of this title and any form adopted to implement that subsection. (5) Scope of proceeding. The issues of whether distribution invested capital included in an application for a DCRF or DCRF adjustment complies with PURA, including §36.053 and §36.058, and is prudent, reasonable, and necessary shall not be addressed in a DCRF proceeding unless the presiding officer finds that good cause exists to address these issues. (6) Commission processing of application. (A) Sufficiency of application. A motion to find an application materially deficient shall be filed no later than 30 days after service of notice is completed. The motion shall be served on the electric utility by hand delivery, facsimile transmission, or overnight courier delivery, or by e-mail if agreed to by the electric utility or ordered by the presiding officer. The motion shall specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The electric utility's response to a motion to find an application materially deficient shall be filed no later than five working days after such motion is received. If within ten working days after the deadline for filing a motion to find an application materially deficient, the presiding officer has not issued a written order concluding that material deficiencies exist in the application, the application is deemed sufficient. (B) Discovery. Each party, other than commission staff, may serve no more than 20 requests for information and requests for admissions of fact pursuant to §22.144 of this title (relating to Requests for Information and Requests for Admission of Facts), except where the presiding officer finds good cause for a party to serve additional requests. Except for a request by commission staff, a request shall not include subparts or multiple questions, and requests shall be sequentially numbered, regardless of whether the requests are served at the same time or on different parties. A response to a request shall be served no later than ten working days after receipt of the discovery request. An objection to a request shall be filed no later than five working days from receipt of the request. A request for which an objection is filed does not count towards a party's request limit. A party may request a technical conference by the intervention deadline, and shall identify the topics that it wants to discuss. An electric utility shall hold the technical conference in Austin, Texas five working days after the intervention deadline, unless the electric utility and the parties who requested the technical conference agree to a different date. The technical conference shall be held at the location designated by the electric utility, unless the commission staff designates a location. The electric utility shall have appropriate persons attend the technical conference to answer questions. A party may take a deposition only if authorized by the presiding officer. (C) System-wide rates and effective date of DCRF. The presiding officer shall approve the DCRF for an electric utility on a system-wide basis and set the effective date of the DCRF for a TDU as September 1 unless good cause exists for a later date. The presiding officer shall make a final decision on a DCRF application made by a TDU at least 46 days before the effective date of the approved rates, even if this requirement results in an effective date after September 1. For an electric utility that does not offer customer choice, the presiding officer shall set the effective date of the DCRF to be 145 days after the application was filed unless good cause exists for a later date. (D) Review of application. A DCRF proceeding is eligible for disposition pursuant to §22.35(b)(1) of this title (relating to Informal Disposition). (E) Notice of approved rates. Unless otherwise ordered, a TDU shall serve notice of the approved rates and the effective date of the approved rates by the working day after the presiding officer's final decision, to retail electric providers that are authorized by the registration agent to provide service in the TDU's distribution service area. Notice under this subparagraph of this paragraph may be served by email. (f) DCRF reconciliation. The commission shall reconcile investments recovered through a DCRF in the electric utility's next comprehensive base-rate proceeding to the extent such reconciliation did not already occur in a DCRF proceeding pursuant to subsection (e)(5) of this section. The reconciliation shall be limited to the issues of the extent to which the investments complied with PURA, including §36.053 and §36.058, and this section and were prudent, reasonable, and necessary. To the extent that the commission determines that the investments did not comply with PURA and this section or were not prudent, reasonable, and necessary, the electric utility shall refund all revenues related to the investments that it improperly recovered through rates, and shall also pay its customers carrying charges on these revenues. The carrying charges shall be determined as follows: For the time period beginning with the date on which over-recovery is determined to have begun to the effective date of the new base rates, carrying costs shall be calculated using the same rate of return that was applied to the investments in the DCRF proceedings that resulted in the over-recovery. For the time period beginning with the effective date of the new base rates, carrying costs shall be calculated using the electric utility's rate of return authorized in the comprehensive base-rate proceeding. (g) DCRF's effect on electric utility's financial risk and rate of return. In setting the rate of return for an electric utility with a DCRF, the commission may expressly consider the effect of the DCRF on the electric utility's financial risk and rate of return. (h) Reports. An electric utility with a DCRF shall file reports that will permit the commission to monitor its DCRF revenues, in accordance with any filing requirements and schedules prescribed by the commission pursuant to §25.73 of this title or this section. (i) Expiration. This section expires upon the expiration of PURA §36.210. Any DCRF in effect at that time shall remain in effect until the electric utility's next comprehensive base-rate proceeding.", "sourceNote": "Source Note: The provisions of this §25.243 adopted to be effective October 13, 2011, 36 TexReg 6728." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156616", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.244", "label": "Billing Demand for Certain Utility Customers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168344", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to a transmission and distribution utility (TDU) that provides retail distribution service.(b) Definitions. The following terms, when used in this section, have the following meanings, unless the context indicates otherwise.(1) Demand ratchet--A provision in a TDU's tariff for retail distribution service that allows a customer to be billed based on the greater of the peak demand by that customer in the current month or some fixed percentage of the peak demand for that customer during previous months.(2) Nonresidential secondary voltage service customer--A nonresidential customer that is billed demand charges for retail distribution service and that receives retail distribution service at secondary voltage through one point of delivery and that is measured using one meter.(c) Rates. In a proceeding in which base rates are set for nonresidential secondary voltage service customers, the base rates set for nonresidential secondary voltage service customers shall provide that these customers shall be billed on a kilowatt-hour (kWh), kilowatt (kW), or kilovolt-amperes (kVA) basis, and that if a demand ratchet is utilized, the demand ratchet shall not apply to a nonresidential secondary voltage service customer that has an annual load factor less than or equal to 25 percent. This subsection does not require the use of demand ratchets for any customers. This subsection shall not be applied in a manner that would shift costs to other customer classes.(d) Annual Verification. Upon the implementation of base rates consistent with subsection (c) of this section, a TDU shall determine annually for each of its nonresidential secondary service customers whether to apply a demand ratchet. In addition, by January 15 of each year following the commission's final order in a proceeding described by subsection (c) of this section, a TDU shall file an affidavit certifying that it has accurately identified and billed nonresidential secondary service customers who under subsection (c) of this section cannot be charged a demand ratchet. In addition, the TDU shall attach to the affidavit a thorough description of the procedures that it uses to ensure that these customers are accurately identified and billed.", "sourceNote": "Source Note: The provisions of this §25.244 adopted to be effective June 12, 2012, 37 TexReg 4209." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168344", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.245", "label": "Rate-Case Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179067", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to utilities requesting recovery of expenses for ratemaking proceedings (rate-case expenses) pursuant to Public Utility Regulatory Act (PURA) §36.061(b)(2) and to municipalities requesting reimbursement for rate-case expenses pursuant to PURA §33.023(b).(b) Requirements for claiming recovery of or reimbursement for rate-case expenses. A utility or municipality requesting recovery of or reimbursement for its rate-case expenses shall have the burden to prove the reasonableness of such rate-case expenses by a preponderance of the evidence. A utility or municipality seeking recovery of or reimbursement for rate-case expenses shall file sufficient information that details and itemizes all rate-case expenses, including, but not limited to, evidence verified by testimony or affidavit, showing:(1) the nature, extent, and difficulty of the work done by the attorney or other professional in the rate case;(2) the time and labor required and expended by the attorney or other professional;(3) the fees or other consideration paid to the attorney or other professional for the services rendered;(4) the expenses incurred for lodging, meals and beverages, transportation, or other services or materials;(5) the nature and scope of the rate case, including:(A) the size of the utility and number and type of consumers served;(B) the amount of money or value of property or interest at stake;(C) the novelty or complexity of the issues addressed;(D) the amount and complexity of discovery;(E) the occurrence and length of a hearing; and(6) the specific issue or issues in the rate case and the amount of rate-case expenses reasonably associated with each issue.(c) Criteria for review and determination of reasonableness. In determining the reasonableness of the rate-case expenses, the presiding officer shall consider the relevant factors listed in subsection (b) of this section and any other factor shown to be relevant to the specific case. The presiding officer shall decide whether and the extent to which the evidence shows that:(1) the fees paid to, tasks performed by, or time spent on a task by an attorney or other professional were extreme or excessive;(2) the expenses incurred for lodging, meals and beverages, transportation, or other services or materials were extreme or excessive;(3) there was duplication of services or testimony;(4) the utility's or municipality's proposal on an issue in the rate case had no reasonable basis in law, policy, or fact and was not warranted by any reasonable argument for the extension, modification, or reversal of commission precedent;(5) rate-case expenses as a whole were disproportionate, excessive, or unwarranted in relation to the nature and scope of the rate case addressed by the evidence pursuant to subsection (b)(5) of this section; or(6) the utility or municipality failed to comply with the requirements for providing sufficient information pursuant to subsection (b) of this section.(d) Calculation of allowed or disallowed rate-case expenses.(1) Based on the factors and criteria in subsections (b) and (c) of this section, the presiding officer shall allow or recommend allowance of recovery of rate-case expenses equal to the amount shown in the evidentiary record to have been actually and reasonably incurred by the requesting utility or municipality. The presiding officer shall disallow or recommend disallowance of recovery of rate-case expenses equal to the amount shown to have been not reasonably incurred under the criteria in subsection (c) of this section. A disallowance may be based on cost estimates in lieu of actual costs if reasonably accurate and supported by the evidence.(2) A disallowance pursuant to subsection (c)(5) of this section may be calculated as a proportion of a utility's or municipality's requested rate-case expenses using the following methodology or any other appropriate methodology:(A) For utilities, the ratio of:(i) the amount of the increase in revenue requirement requested by the utility that was denied, to(ii) the total amount of the increase in revenue requirement requested in a proceeding by the utility.(B) For municipalities, the ratio of:(i) the amount of the increase in revenue requirement requested by the utility unsuccessfully challenged by the municipality, to(ii) the total amount of the increase in revenue requirement challenged by the municipality.(3) If the evidence presented pursuant to subsection (b)(6) of this section does not enable the presiding officer to determine the appropriate disallowance of rate-case expenses reasonably associated with an issue with certainty and specificity, then the presiding officer may disallow or deny recovery of a proportion of a utility's or municipality's requested rate-case expenses using the following methodology or any other appropriate methodology:(A) For utilities, the ratio of:(i) the amount of the increase in revenue requirement requested by the utility in the rate case related to the issue(s) not reasonably supported by evidence of certainty and specificity, to(ii) the total amount of the increase in revenue requirement requested in a proceeding by the utility.(B) For municipalities, the ratio of:(i) the amount of the increase in revenue requirement requested by the utility in the rate case challenged by the municipality relating to the issue(s) not reasonably supported by evidence of certainty and specificity, to(ii) the total amount of the increase in revenue requirement challenged by the municipality.", "sourceNote": "Source Note: The provisions of this §25.245 adopted to be effective August 26, 2014, 39 TexReg 6434." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179067", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.246", "label": "Rate Filing Standards and Procedures for Non-ERCOT Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193234", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The provisions of this section apply only to an electric utility that operates solely outside of the Electric Reliability Council of Texas.(b) Adjustments to test year information.(1) Definitions.(A) Test year--The period defined in §25.5(134) of this title (relating to Definitions).(B) Update period--For a utility that elects to file under paragraph (2)(B) of this subsection, the period beyond the end of the test year, for which period the electric utility initially submits estimated information and later submits actual information to be used in establishing its base rates. The update period chosen by the utility must end on the last day of a calendar or fiscal year quarter, and not later than the 30th day before the date the applicable rate proceeding is filed.(2) Test year election. In establishing the base rates of an electric utility under the Public Utility Regulatory Act (PURA), Chapter 36, Subchapter C or D, the commission shall determine the utility's revenue requirement based on, at the election of the utility:(A) information submitted for a test year; or(B) information submitted for a test year updated to include actual information for the update period regarding increases and decreases in the utility's cost of service, including expenses, capital investment, cost of capital, and sales.(3) Requirements for test year update. The updated information authorized to be submitted by paragraph (2)(B) of this subsection shall be subject to the following additional standards:(A) expenses authorized by §25.231(b) of this title (relating to Cost of Service) for inclusion in revenue requirement shall reflect the 12-month period ending on the final day of the update period;(B) components of rate base as defined by §25.231(c)(2) of this title shall be included through the end of the update period;(C) the electric utility's cost of capital shall be updated to reflect any transactions affecting those items that occur between the end of the test year and the end of the update period; and(D) the utility's sales revenues, customer count, and billing determinants shall reflect the 12-month period ending on the final day of the update period.(4) Use of estimates; supplementation of information.(A) An electric utility that includes estimated information for the update period in the initial filing of a rate proceeding shall supplement that filing with actual information not later than the 45th day after the date the initial filing was made. The update must provide actual information for all information originally estimated. The utility shall update every component of its cost of service that changed, including flow-through effects and attendant impacts of changes. The utility need not, however, update or refile every piece of information in the originally filed case. The utility shall file the entire update on a single business day.(B) The commission shall extend the deadline for concluding the rate proceeding for a period of time equal to the period between the date the initial filing of the proceeding was made and the date of the supplemental filing made under subparagraph (A) of this paragraph, except that the extension period may not exceed 45 days.(5) Known and measurable changes. In establishing the base rates of an electric utility, an electric utility that makes an election under paragraph (2) of this subsection is not precluded from proposing known and measurable adjustments to the utility's historical rate information as permitted by PURA and the commission's rules.(6) Post-test year adjustment for newly constructed or acquired natural-gas-fired power plant. In addition to the test year update authorized by paragraph (2)(B) of this subsection, and without limiting the availability of known and measurable adjustments otherwise permitted by PURA and commission rules, the commission shall allow an electric utility to make a known and measurable adjustment for a newly constructed or acquired natural-gas-fired generation facility.(A) The commission is required to allow a known and measurable adjustment under this paragraph only if the natural-gas-fired generation facility is in service before the effective date of new rates.(B) A known and measurable adjustment under this paragraph shall include the utility's prudent capital investment in the facility, a reasonable return on such capital investment, depreciation expense, reasonable and necessary operating expenses, and all attendant impacts associated with the newly constructed or acquired natural-gas-fired generation facility, including any offsetting revenue, as determined by the commission.(C) Notwithstanding the requirements of §25.231(c)(2)(F)(i)(II) of this title, the commission shall allow an adjustment under this paragraph regardless of whether the investment is less than 10% of the utility's rate base before the date of the adjustment.(c) Requirement to initiate rate proceeding.(1) Timing. An electric utility is required to make filings with regulatory authorities as required by PURA, Chapter 33, Subchapter B, and shall file a rate-filing package under PURA, Chapter 36, Subchapter D, to initiate a comprehensive base rate proceeding before all of the utility's regulatory authorities in the following circumstances:(A) on or before the fourth anniversary of the date of the final order in the utility's most recent comprehensive base rate proceeding; or(B) if the commission determines, before the deadline described in subparagraph (A) of this paragraph, that the utility has earned materially more than the utility's authorized rate of return on investment, on a weather-normalized basis, in the utility's two most recent consecutive commission earnings monitoring reports.(C) If a rate-filing package is required to be submitted under this subsection, the utility's rate filing shall reflect a test year, which at the election of the utility may be updated pursuant to subsection (b)(2)(B) of this section, and may be otherwise adjusted for known and measurable changes as permitted by PURA and commission rules.(2) Extension of rate-case-filing deadline. A utility is required to make a rate filing by the deadline set forth in paragraph (1)(A) of this subsection unless the commission grants an extension of the deadline. The commission may extend the deadline set forth in paragraph (1)(A) of this subsection and set a new deadline if the commission determines that a comprehensive base rate case would not result in materially different rates. The utility shall have the burden to prove that a delay in the rate-case-filing deadline is warranted and shall submit all requisite information to meet such burden.(A) On or before the third anniversary of the date of the final order in the utility's most recent comprehensive base rate proceeding, the utility shall submit a filing to the commission indicating whether the utility seeks an extension to the deadline described in paragraph (1)(A) of this subsection. If the utility seeks an extension, at the time of such filing it shall provide all relevant information to meet its burden in showing that an extension is justified. The commission shall give interested parties a reasonable opportunity to present materials and argument before making a determination under this paragraph; the Administrative Law Judge(s) assigned to the docket concerning the extension shall set procedural guidelines, including discovery limits and deadlines allowing the commission sufficient time to provide notice pursuant to paragraph (3)(A)(i) of this subsection.(B) Standard of review. In determining whether to extend the time period for the filing of a base rate proceeding, the commission may consider matters such as the following:(i) the results of recent earnings monitoring reports for the utility, including such adjustments to those reports as may be found appropriate by the commission;(ii) recent and expected levels of expenses, sales revenues, and capital investment for the utility;(iii) recent and projected financial results for the utility;(iv) continued appropriateness of the utility's allocation of costs and rate design;(v) capital market conditions;(vi) whether there has been a material change in circumstances since the utility's base rates were last established by the commission; and(vii) any other factors the commission deems relevant to its determination.(3) Notice.(A) Notice to the utility. The utility must make the filings described in paragraph (1) of this subsection not later than the 120th day after the date the commission provides written notice to the utility:(i) that a filing under paragraph (1)(A) of this subsection will be required; or(ii) that the condition of material over-earning described by paragraph (1)(B) of this subsection exists. The 120-day period provided by this subsection may be extended by the commission for good cause.(B) Notice to parties. If the utility seeks an extension to the filing deadline pursuant to paragraph (2) of this subsection, the utility shall provide, at the time the utility submits its filing to the commission requesting an extension, notice to all persons who were parties to the utility's most recent base rate proceeding.(d) Relation back of rates.(1) In a rate proceeding under PURA, Chapter 36, Subchapter D, or if requested by an electric utility in the utility's statement of intent initiating a rate proceeding under PURA, Chapter 36, Subchapter C, notwithstanding PURA §36.109(a), the final rate set in the proceeding, whether a rate increase or rate decrease, shall be made effective for consumption on and after the 155th day after the date the rate-filing package is filed. Unless the commission approves temporary rates under PURA §36.109(a), the utility's new rates will not be implemented until the commission issues its final order approving new rates.(2) The commission shall:(A) require the electric utility to refund to customers money collected in excess of the rate finally ordered on or after the 155th day after the date the rate-filing package is filed; or(B) authorize the electric utility to collect a surcharge from customers to recover the amount by which the money collected on or after the 155th day after the utility files its rate-filing package is less than the money that would have been collected under the rate finally ordered.(3) The commission may require refunds or surcharges of amounts determined under paragraph (2) of this subsection over a period not to exceed 18 months, along with appropriate carrying costs. The commission shall make any adjustments necessary to prevent over-recovery of amounts reflected in riders in effect for the electric utility during the pendency of the rate proceeding. Customers who receive service at transmission voltage levels, as well as any groups of seasonal agricultural customers as identified by the electric utility, shall be subject to refund or surcharge rates calculated based upon their individual historical usage and demand recorded during each month in the period in which the refund or surcharge obligation arose, adjusted for line losses if necessary. All other customers shall be subject to refund or surcharge rates calculated based upon the historical usage and demand of all customers served under the same tariffed rate schedule recorded during each month in the period in which the refund or surcharge obligation arose, adjusted for line losses if necessary.(4) An electric utility may not assess more than one surcharge authorized by paragraph (2)(B) of this subsection at the same time.", "sourceNote": "Source Note: The provisions of this §25.246 adopted to be effective July 31, 2016, 41 TexReg 5415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193234", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.247", "label": "Rate Review Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200472", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to investor-owned electric utilities and non-investor-owned transmission service providers operating inside the Electric Reliability Council of Texas (ERCOT).(b) Filing requirements for investor-owned electric utilities.(1) Each investor-owned electric utility in the ERCOT region must file for a comprehensive rate review within 48 months of the order setting rates in its most recent comprehensive rate proceeding or other proceeding in which the commission approved a settlement agreement reflecting a rate modification that allowed the electric utility to avoid the filing of such a rate case. For an investor-owned transmission and distribution utility, the filing must include information necessary for the review of both transmission and distribution rates.(2) On a year-to-year basis, the commission shall issue an order extending the filing requirements under paragraph (1) of this subsection by one year if the following conditions are met:(A) for an investor-owned electric utility providing transmission-only service, the utility's most recent earnings monitoring report, as of 180 days before its scheduled filing date established by this section, filed in compliance with commission rules and instructions or as adjusted by the commission to conform with the rules and instructions, shows that it is earning, on a weather-normalized basis using weather data for the most recent ten calendar years, less than 50 basis points above the average of the most recent commission-approved rate of return on equity for each investor-owned transmission-only utility operating in ERCOT; or(B) for an investor-owned transmission and distribution utility, the utility's most recent earnings monitoring report, as of 180 days before its scheduled filing date established by this section, filed in compliance with commission rules and instructions or as adjusted by the commission to conform with the rules and instructions, shows that it is earning, on a weather-normalized basis using weather data for the most recent ten calendar years, less than 50 basis points above the average of the most recent commission-approved rate of return on equity for each investor-owned transmission and distribution utility operating in ERCOT with at least 175,000 metered customers.(3) The commission may extend the scheduled filing deadline under paragraphs (1) and (2) of this subsection for good cause shown or because of resource constraints of the commission.(4) An investor-owned electric utility qualifying for an extension under paragraph (2) of this subsection shall submit notice in the same project as the filing of its most recent earnings monitoring report at least 180 days before the fourth anniversary of the order in its most recent comprehensive rate proceeding or other proceeding in which the commission approved a settlement agreement reflecting a rate modification that allowed the electric utility to avoid the filing of such a rate case.(5) Nothing in this section limits the commission's authority to initiate a rate proceeding at any time under this title on the basis of other criteria that the commission determines are in the public interest, including but not limited to the information provided in an investor-owned electric utility's earnings monitoring report.(c) Transition issues for investor-owned electric utilities. (1) If an investor-owned electric utility has a comprehensive rate proceeding pending on the effective date of this rule, the electric utility is required to file, after the commission's final order in that pending proceeding, a comprehensive rate proceeding in accordance with subsection (b) of this section. If the pending proceeding is withdrawn, dismissed, or otherwise resolved without a final order, the investor-owned electric utility shall be subject to the transition timelines in paragraph (2) of this subsection unless the commission orders otherwise.(2) All investor-owned electric utilities shall make their initial filings under subsection (b) of this section on or before the later of:(A) 48 months from the order in the investor-owned electric utility's last comprehensive rate proceeding or other proceeding in which the commission approved a settlement agreement reflecting a rate modification that allowed the electric utility to avoid the filing of such a rate case; or(B) the following dates:Attached Graphic(d) Filing requirements for non-investor-owned transmission service providers.(1) After complying with applicable provisions under subsection (e) of this section, and on an ongoing basis thereafter, each non-investor-owned transmission service provider is required to submit a complete application for either a comprehensive transmission cost of service review under §25.192(g) of this title (relating to Transmission Service Rates) or an interim update under §25.192(h) of this title within:(A) 48 months of the date of the provider's order for its most recently approved change in transmission service rates under §25.192 of this title if the provider's approved wholesale transmission service revenue requirement is equal to or greater than one percent of the amount of the total ERCOT wholesale transmission charges determined by the commission in the most recent annual update, as of the date of the provider's order, of the ERCOT four coincident peak (4CP) demand in accordance with §25.192(b) of this title; or(B) 96 months of the date of the provider's order for its most recently approved change in transmission service rates under §25.192 of this title if the provider's approved wholesale transmission service revenue requirement is less than one percent of the amount of the total ERCOT wholesale transmission charges determined by the commission in the most recent annual update, as of the date of the provider's order, of the ERCOT four coincident peak (4CP) demand in accordance with §25.192(b) of this title.(2) Nothing in this section limits the commission's authority to initiate a rate proceeding at any time under this title on the basis of other criteria that the commission determines are in the public interest, including but not limited to the information provided in a non-investor-owned transmission service provider's earnings monitoring report.(e) Transition period for filings by non-investor-owned transmission service providers. As of the effective date of this subsection, for a non-investor-owned transmission service provider that has not since January 1, 2017, had a commission-approved change to its transmission service rates under §25.192 of this title or does not have a rate proceeding pending under §25.192 of this title, the following deadlines apply for submitting a complete application for either a comprehensive transmission cost of service review under §25.192(g) of this title or a complete application for an interim update under §25.192(h) of this title:Attached Graphic", "sourceNote": "Source Note: The provisions of this §25.247 adopted to be effective May 6, 2018, 43 TexReg 2763; amended to be effective November 28, 2018, 43 TexReg 7672." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200472", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.248", "label": "Generation Cost Recovery Rider" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207061", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section provides a mechanism for an electric utility to request to recover investment in a power generation facility through a generation cost recovery rider (GCRR) outside of a base-rate proceeding. This section applies only to an electric utility that operates solely outside of the Electric Reliability Council of Texas.(b) Definitions. The following terms, when used in this section, have the following meanings unless context indicates otherwise.(1) GCRR billing determinant--Each rate class's annual billing determinant (kilowatt-hour, kilowatt, or kilovolt-ampere) for the previous calendar year.(2) Generation invested capital--The parts of the electric utility's invested capital for a power generation facility that will be functionalized as generation plant properly recorded in Federal Energy Regulatory Commission (FERC) Uniform System of Accounts 303 through 347, 352, and 353 when the generation facility is placed into service.(3) Power generation facility--A discrete facility or facilities constructed or purchased by an electric utility for use in generating electricity for public service by the electric utility, and the cost of which is not included in the electric utility's base rates. The term \"facility\" may encompass different parts of a single generation facility that begins providing service to the electric utility's customers on the same date.(4) Power generation facility invested capital--Generation invested capital associated with a power generation facility included in the electric utility's GCRR that will be placed into service before or at the time the GCRR becomes effective under subsection (g) of this section.(5) Power generation facility net invested capital--Power generation facility invested capital that is adjusted for accumulated depreciation and any changes in accumulated deferred federal income taxes, including changes to excess accumulated deferred federal income taxes, associated with all power generation facilities included in the electric utility's GCRR.(6) Weather-normalized--Adjusted for normal weather using weather data for the most recent ten-year period prior to the year from which the GCRR billing determinants are derived.(c) GCRR Requirements. The GCRR rate for each rate class, and any other terms or conditions related to those rates, will be specified in a rider to the utility's tariff.(1) An electric utility must not have more than one GCRR.(2) An electric utility with an existing GCRR may apply to amend the GCRR to include the electric utility's actual capital investment in a power generation facility and additional power generation facilities.(3) Any GCRR established under this section will take effect on the date the power generation facility begins providing service to the electric utility's customers. Any amendment to an existing GCRR for an additional power generation facility will take effect on the date that the additional power generation facility begins providing service to the electric utility's customers.(4) As part of the next base-rate proceeding for the electric utility, the electric utility must request to move all investment being recovered in a GCRR into base rates and the GCRR will be set to zero.(d) Calculation of GCRR Rates. The GCRR rate for each rate class must be calculated according to the provisions of this subsection and subsections (e) and (f) of this section.(1) The GCRR rates will not take into account changes in the number of the electric utility's customers and the effects that energy consumption and energy demand have on the amount of revenue recovered through the electric utility's base rates.(2) The GCRR rates must not include estimated costs.(3) The GCRR rate for each rate class will be calculated using the following formula: GCRRCLASS = RRCLASS / BDC-CLASS (4) The values of the terms used in this subsection will be calculated as follows:(A) RRCLASS = RRTOT * ALLOCC-CLASS (B) RRTOT = TRAF * ((PGFIC * RORRC ) + PGFDEPR + PGFFIT + PGFOT)(C) ALLOCC-CLASS = ALLOCRC-CLASS * (BDC-CLASS / BDRC-CLASS ) / Σ (ALLOCRC-CLASS * (BDC-CLASS / BDRC-CLASS ))(5) The terms used in this subsection represent or are defined as follows:(A) Descriptions of calculated values.(i) GCRRCLASS --GCRR rate for a rate class.(ii) RRCLASS --GCRR class revenue requirement.(iii) RRTOT --Total GCRR revenue requirement.(iv) ALLOCC-CLASS --GCRR class allocation factor for a rate class.(B) GCRR billing determinants and power generation facility values.(i) BDC-CLASS --GCRR billing determinants that are weather-normalized.(ii) PGFIC--Power generation facility net invested capital.(iii) PGFDEPR--Power generation facility depreciation expense.(iv) PGFFIT--Federal income tax expense associated with the return on the power generation facility net invested capital, reduced by any tax credits related to the power generation facility that are not returned to customers as a credit or other offset to eligible fuel expense.(v) PGFOT--Other tax expense associated with the power generation facility.(C) Baseline values. The following values are based on those values used to establish rates in the electric utility's most recent base-rate proceeding, or if an input to the GCRR calculation from the electric utility's last base-rate proceeding is not separately identified in that proceeding, it will be derived from information from that proceeding:(i) TRAF--Texas retail jurisdiction production allocation factor value used to establish rates in the electric utility's last base-rate proceeding determined under the provisions of subsection (e) of this section.(ii) BDRC-CLASS --Rate class billing determinants used to establish generation base rates in the last base-rate proceeding. Energy-based billing determinants will be used for those rate classes that do not include any rate demand charges, and demand-based billing determinants will be used for those rate classes that include rate demand charges.(iii) RORRC --After-tax rate of return approved by the commission in the electric utility's last base-rate proceeding.(iv) ALLOCRC-CLASS --Rate class allocation factor value determined under the provisions of subsection (e) of this section.(e) Jurisdictional and class allocation factors. For calculating GCRR rates, the baseline jurisdictional and rate-class allocation factors used to allocate generation invested capital in the last base-rate proceeding will be used.(f) Customer classification. For the purposes of establishing GCRR rates, customers will be classified according to the rate classes established in the electric utility's most recently completed base-rate proceeding.(g) GCRR application. An electric utility may file an application for a GCRR before the electric utility places a power generation facility in service. An electric utility may include only one discrete power generation facility in an application for a GCRR. An electric utility may file an application to amend its GCRR to include another discrete power generation facility even if it has another application to amend its GCRR pending before the commission. The proceeding for a GCRR application must conform to the requirements of this subsection. (1) Scope of proceeding. The issues of whether generation invested capital included in an application for a GCRR complies with PURA and is prudent, reasonable, and necessary will not be addressed in a GCRR proceeding.(2) Notice. The applicant must notify all parties in the applicant's last base-rate proceeding that an application was filed. The notice must be provided by first-class mail and mailed the same day the application is filed. The notice must specify the docket number assigned to the application and a copy of the application must be included with the notice.(3) Parties and intervention. Requests to intervene must be filed no later than 10 calendar days after the date the application is filed. Objections to a request to intervene must be filed no later than five working days after the request is filed. All requests to intervene must be ruled upon no later than 21 calendar days after the application is filed.(4) GCRR forms. If the commission adopts a form for GCRR applications, an electric utility must file its application using that form.(5) Sufficiency of application. A motion to find the application materially deficient must be filed no later than 10 calendar days after the application is filed. A motion to find an amended application deficient, when the amendment is in response to an order issued under this paragraph, must be filed no later than five working days after the amended application is filed. The motion must specify the nature of any alleged deficiency and, if the commission has adopted a form for a GCRR application, the particular requirements of the form for which the application is alleged to be out of compliance. The applicant's response to such motion must be filed no later than five working days after the motion is filed. Within five working days of the applicant's response, the presiding officer must issue an order finding the application sufficient or deficient, and if deficient must specify the deficiencies and the time within which the applicant must amend its application to cure the deficiencies. If the presiding officer has not issued a written order within 35 calendar days of the filing of the application, or 25 calendar days of the filing of an amended application, concluding that material deficiencies exist in the application, the application is sufficient.(6) Action on application. If the requirements of §22.35 of this title are met, the presiding officer must issue a notice of approval within 60 calendar days of the date an application is found to be sufficient by order or rule. The presiding officer may extend this time if a party demonstrates that additional time is needed to review the application or the presiding officer needs additional time to prepare the notice of approval. Further, if the presiding officer determines that the application should be considered by the commission, the presiding officer must issue a proposed order for consideration by the commission at the next available open meeting.(h) Update of generation invested capital. Within 60 calendar days after a power generation facility included in a GCRR begins providing service to the electric utility's customers, the electric utility may file an application to update the GCRR to reflect the electric utility's actual capital investment in the power generation facility. An application to update the GCRR under this subsection is subject to the requirements in subsection (g) of this section. Any update to the GCRR made under this subsection must include carrying costs on the amount of investment in excess of the investment initially approved for recovery under subsection (g) of this section. Carrying costs will accrue monthly from the date the power generation facility began providing service to the electric utility's customers through the date the adjustment is approved and must be calculated using the rate of return approved by the commission in the electric utility's most recent base-rate proceeding.(i) Reconciliation.(1) Amounts recovered through a GCRR approved under this section are subject to reconciliation in the first base-rate proceeding for the electric utility that is filed after the effective date of the GCRR. The reconciliation will true up the total amount actually recovered through the GCRR approved under this section with the total revenue requirement that the approved GCRR was designed to recover. As part of the reconciliation, the commission will determine if the amounts recovered through the GCRR are reasonable and necessary.(2) Any amounts recovered through the GCRR that are found to have been unreasonable, unnecessary, or imprudent, plus the corresponding return and taxes, must be refunded with carrying costs. Carrying costs will be determined as follows:(A) For the time period beginning with the date on which over-recovery is determined to have begun to the effective date of the electric utility's base rates set in the base-rate proceeding in which the GCRR is reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the same rate of return that was applied to the investments included in the GCRR.(B) For the time period beginning with the effective date of the electric utility's rates set in the base-rate proceeding in which the GCRR is reconciled, carrying costs will accrue monthly and will be calculated using an effective monthly interest rate based on the electric utility's rate of return authorized in that base-rate proceeding.(j) Threshold to initiate base-rate proceeding. If a GCRR approved under this section includes cumulative incremental recovery for a power generation facility or power generation facilities where the amount of generation invested capital is greater than $200 million on a Texas jurisdictional basis, the electric utility must initiate a base-rate proceeding at the commission not later than 18 months after the date the GCRR takes effect.", "sourceNote": "Source Note: The provisions of this §25.48 adopted to be effective July 28, 2020, 45 TexReg 5156." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207061", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.251", "label": "Renewable Energy Tariff" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=81691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "81691", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section allows electric utilities to offer a renewable energy tariff to all retail customers. The purpose of the renewable energy tariff is to use market-based methods to promote the use of renewable energy technologies to supply electricity to Texas, to protect and enhance the quality of Texas' environment, and to respond to customers' expressed preferences for renewable resources. (b) Application. This section applies to electric utilities as defined in the Public Utility Regulatory Act (PURA) §31.002(1) choosing to offer a tariff under this section. (c) Definitions. (1) Existing renewable resources--Renewable resources that are in operation on the effective date of this rule. (2) New resources--Renewable resources placed in service after the effective date of this rule. (3) Renewable energy--Energy derived from renewable energy technologies as defined in §25.5 of this title (relating to Definitions). (4) Renewable energy premium--The sum of the purchase cost per kWh of renewable energy acquired to serve customers under this tariff minus the average embedded cost per kWh of the utility's existing generation and purchased resources outside this tariff, plus the appropriate per kWh cost of renewable energy tariff marketing and administrative activities pursuant to subsection (l)(1) of this section. (5) Renewable energy price--The sum of the utility's average delivered retail cost per kWh for its embedded mix of energy and capacity from all resources excluding those acquired for this tariff, and the renewable energy premium as defined in paragraph (4) of this subsection. (d) Eligible renewable resources. Except where specifically noted, renewable resources that are acceptable under this tariff shall meet the following requirements: (1) Renewable energy resource. A renewable energy resource eligible under this tariff must meet the requirements of subsection (c)(3) of this section. (2) New and existing resources. A new or existing resource is eligible if its costs have not been placed in any utility's rates or in a purchase power cost recovery factor (PCRF) as of the effective date of this rule. (3) Repowered or retrofitted projects. The incremental energy achieved from renewable energy projects that are repowered or retrofitted to improve the overall efficiency of the facility would qualify as a new resource under this section. (4) Affiliated purchases. Any renewable resources obtained from an affiliate of the regulated utility must be secured through an arm's-length, competitive solicitation. (e) Renewable energy tariff requirements. All electric utilities choosing to offer a renewable resource tariff under this section shall submit for commission review and approval a tariff that implements the provisions of this section. No utility may conduct any sales or marketing activities under a renewable energy program until a renewable energy tariff has been filed and approved by the commission. Each tariff submitted shall, at a minimum, contain the following provisions: (1) Definitions. This section shall define all relevant terms and concepts in a manner that is simple and easy to understand. (2) Rates and charges. This section shall clearly identify the charges that the participants will incur for participating at various levels in the program. The tariff shall allow participation at a variety of monthly costs or energy demand volume levels and will clearly state how much renewable energy a given monthly charge will buy, or alternatively, the cost to buy a given number of kWh from a renewable resource. (f) Tariff attributes and operation. A renewable energy tariff enables a utility's customers to receive all or part of their energy needs from renewable energy resources. All tariffs filed shall contain the following attributes: (1) All retail customers shall be given the opportunity to purchase all or a portion of their energy requirements under this tariff. (2) The renewable energy price must be cost-based. The relationship between the renewable energy price and the cost of the acquired resource must be demonstrated in the utility's initial tariff-filing package. The tariff must identify with specificity the elements of the price, including the portion of the price that is attributable to the cost of the renewable energy, and the utility's profit, if any. The filing shall identify the utility's projections of renewable energy demand in kWh and renewable marketing and advertising costs that underlie the per kWh marketing and advertising cost included in the total renewable energy price, and show that it meets the limits identified in subsection (l)(1) of this section. (3) No utility may sell existing renewable energy under a tariff pursuant to this section until it has made a commitment to acquire renewable energy from new resources. These new resources shall be deployed within 24 months of tariff approval. (4) A utility may not charge customers for any more kWh of renewable energy provided under this tariff than it has specifically received to serve customers under this tariff. (g) Marketing. (1) Marketing plan. Each utility shall include a description of its marketing plan with its initial tariff filing package. Included in this description shall be an explanation of how the utility intends to provide customers with clear information regarding how they may obtain the service(s). (2) Disclosure of resource location. Each utility shall disclose the location of the renewable resource offered under the tariff on all advertising, educational, or promotional materials in a bold and conspicuous manner. (h) Accountability. Each utility shall provide a report to renewable energy tariff subscribers on the status of the program and use of funds. This report shall contain information that will allow customers to review the benefits they have received as a result of the costs they have voluntarily incurred to buy renewable energy under the tariff. (1) Contents. The report required by this section shall be organized to clearly convey the following information to tariff subscribers and other interested customers: (A) The number of program participants. (B) The total revenues collected through the renewable energy tariff, total expenditures under the tariff, and how renewable energy tariff revenues were spent for the calendar year. (C) The amount of renewable energy sold to subscribers under the tariff and the amount of new renewable resources acquired. (D) The unit cost of the new renewable resource acquisition (by renewable technology if appropriate), and how it compares to benchmark prices for the utility's current resource mix and to new non-renewable resources. (E) The location, technology, and providers of new and existing renewable energy provided to customers under the tariff. (F) The amount of generation-related air emissions that have been avoided as a result of the program. (G) Information regarding any local demonstration or education projects (e.g., school photovoltaic installations) to support either the renewable energy tariff or the education program. (2) Information shall be provided to renewable energy tariff subscribers annually and shall be filed with the commission and the Texas Natural Resource Conservation Commission on the same date the information is provided to subscribers. (i) Tariff approval process. The commission will review and approve or deny each utility's tariff filed under this section within 90 days of filing. It will consider the following matters in its review: (1) Cost analysis. Each utility shall file supporting analysis showing that the proposed cost of renewable energy is reasonable and meets the requirements of subsection (f)(2) of this section. (2) Program marketing and administrative costs analysis. Each utility shall develop a marketing plan for its renewable energy tariff that explains how the utility will publicize, market, and advertise the tariff. The plan shall include the schedule of renewable energy prices, and itemized costs to execute the marketing plan. Disclosure of this material may be subject to a protective order if the commission determines it involves confidential competitive business information. (3) Relevant assumptions. Each utility shall explain all relevant assumptions, including the cost of non-renewable electric resources. (4) Resource procurement plan. The utility shall explain how it intends to secure the renewable energy needed to meet its projected customer demand for the first two years the tariff is in effect; disclosure of this material may be protected if the commission determines it involves confidential competitive business information. (j) Education program. Each utility that offers a renewable energy tariff shall also design and implement a customer education program about renewable energy. The utility shall provide educational materials to all of its customers on renewable resources as supply-side options and as demand-side options. Each utility shall inform its customers of the utility's generation mix and generation emissions. This information shall be comprehensible and succinct. Customer educational materials shall be sent to customers during the initial tariff offering in conjunction with the initial renewable energy marketing materials, and shall be distributed at least annually. (k) Criteria for educational materials. (1) Educational materials may include the utility's name and the name of the utility's commission-approved program with information on how to participate, but shall otherwise not be used to promote the utility or any of its other service offerings in any way. (2) Educational materials should include information on renewable energy technology applications as defined in §25.5 of this title, as well as information regarding the potential for renewable energy technology development in the State of Texas. It should include information on renewable resources both for supply- and demand-side applications, including off-grid and peak-shaving uses. (3) The utility's generation mix shall be disclosed to all customers in table form as a component of the tariff's educational campaign. Disclosure statements shall indicate the utility's generation mix in percentages rounded to the nearest whole number for the previous calendar year using the following categories: coal and lignite, natural gas, nuclear fuel, renewable resource, and fuel oil and other. (4) The utility's generation emissions, as well as nuclear waste, shall be disclosed in total and shall include emissions associated with the utility's power purchases to the extent that this information is available. Disclosure statements shall indicate the utility's average monthly generation emissions or average nuclear waste per customer for each customer class and by MWh generated for the previous calendar year, based on the average emissions or nuclear waste by fuel type, for: nitrogen oxide (NOx ), sulfur dioxide (SO2), carbon dioxide (CO2), particulate matter, and nuclear waste. (5) Each utility shall file these materials with the commission as part of its tariff-filing package for approval. (l) Cost recovery. Utilities shall be allowed to recover costs incurred through the tariff in the following manner: (1) Marketing and administration costs. Program marketing and administration costs may be included within the premium for renewable energy, and shall not exceed 20% of the total revenues collected from the renewable energy price in the first two years that the tariff is in effect and 10% in subsequent years. Prudently incurred marketing and administration costs in excess of these limits may be recoverable through base rates pursuant to §23.21(c)(1)(E) of this title (relating to Cost of Service). (2) Education program costs. All prudently incurred costs of commission approved customer education materials and activities shall be recoverable and allocated among all customers through base rates. (m) Commission review. The commission will periodically review each utility's renewable energy tariff and activities to ensure that new renewable energy resources are deployed in/or next to the State of Texas and that program participants are receiving appropriate benefits from participation.", "sourceNote": "Source Note: The provisions of this §25.251 adopted to be effective November 19, 1998, 23 TexReg 11633." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=81691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "81691", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.261", "label": "Stranded Cost Recovery of Environmental Cleanup Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "125567", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to: (1) establish the procedures and criteria for determining the amount of stranded cost recovery electric utilities and affiliated power generation companies shall receive for environmental cleanup costs incurred to improve air quality in the state pursuant to Public Utility Regulatory Act (PURA) §39.263; and (2) minimize stranded costs associated with the implementation of PURA §39.264. (b) Applicability. This section applies to: (1) electric utilities that seek to recover capital costs incurred during the period January 1, 1999 to April 30, 2003 to improve air quality; and (2) affiliated power generation companies that seek to recover capital costs incurred during the period January 1, 2002, to April 30, 2003 to improve air quality. (c) Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: (1) Conservation Commission - The Texas Natural Resource Conservation Commission. (2) Cost of replacement generating capacity - The cost of replacing generating capacity lost through retirement of an electric generating facility. The annual cost of replacement generating capacity will be calculated using the following equation:Attached Graphic(3) Electric generating facility - A facility that generates electric energy for compensation and that is owned or operated by a person in this state, including a municipal corporation, electric cooperative, or river authority. (4) Expected remaining life - The estimated life in whole years of the generating facility from May 1, 2003 as estimated by the utility at the time of filing its application for approval of its cost-effectiveness determination plan. (5) Net book value - The original cost of an asset less accumulated depreciation. (6) Offset - The allocation of emission allowances or credits from one facility to another facility in the same region. (7) Operations and maintenance (O&M) escalator - The applicable operations and maintenance (O & M) escalator set forth in the unbundling cost of service rate filing package. The O& M escalator for a gas-fired electric generating unit shall be 2.0% and the O & M escalator for a coal-fired electric generating unit shall be 1.0%. Notwithstanding the foregoing, the O & M escalator for TNP One shall be 1.5%. (8) Region - The East Texas Region, West Texas Region, or El Paso Region, as defined by the conservation commission at 30 TAC §101.330. (9) Retirement - The permanent removal from service of an electric generating facility. (10) Retrofit - The installation of control technology on an electric generating facility to reduce the emissions of nitrogen oxide, sulfur dioxide, or both. (11) Retrofit Cost - The net present value of the total capital cost and operating and maintenance cost to operate an electric generating facility after installation of a retrofit. The cost of a retrofitted unit shall be expressed in net present value dollars as of 2003 using the equation VALUE = (ECCR + O & M+ FUEL + O & M R + OE), where: (A) VALUE = net present value in 2003 over the expected remaining life of a retrofitted unit; (B) ECCR = net present value of the estimated capital cost of retrofit as of 2003 and the net present value as of 2003 of the expected capital cost of environmental controls installed no later than 2010 to meet future regulations for emissions. The commission will adopt a methodology for calculating the capital cost of environmental controls to meet future regulations for emissions. (C) O & M= net present value as of 2003 of operation and maintenance cost of unit without retrofit, calculated as O & M= (((average of plant non-fuel fixed O & M cost reported for the most current five calendar years on FERC Form 1) x ((maximum generator nameplate rating as reported for the unit on Form EIA-411 or if not available on Form EIA-411, then the rating as reported to the commission) / (sum of the maximum generator nameplate rating as reported for all units comprising the plant at which such unit is located on Form EIA-411 or if not available on Form EIA-411, then the rating as reported to the commission))) + ((average of plant non-fuel variable O & M cost, expressed in $/MWh, reported for the most current five calendar years on FERC Form 1) x (unit generation for 2003, calculated as the average generation in MWh for the most current five years as reported on Form EIA-767 or if not available on Form EIA-767, then the generation as reported to the commission, declining for the years 2004 and thereafter at the rate of 2.0% per year)) escalated by the O & M Escalator for each year subsequent to the year in which the cost effectiveness determination was filed; (D) FUEL = Cost of fuel, calculated as net present value as of 2003, over the expected remaining life of the retrofitted unit, using the equation FUEL = HR x G x Gas where: (i) HR = unit heat rate, calculated as the average of the heat rate reported for the most current five calendar years on Form EIA-411 or if not available on Form EIA-411, then the heat rate as reported to the commission, expressed in mmBtu/MWh; (ii) G = unit generation, calculated for 2003 as the average generation in MWh reported for the three most current calendar years on Form EIA-767 or if not available on Form EIA-767, then the generation as reported to the commission, declining for the years 2004 and thereafter at the rate of 2.0% per year; and (iii) Gas = forward natural gas prices as adopted for the ECOM model in August, 2000 by the commission; (E) O & MR = Net present value as of 2003 of estimated additional operating and maintenance cost resulting from the retrofit, beginning with costs for calendar year 2003 and escalated each year at 2.0% per year and the net present value as of 2003 of the expected operating and maintenance cost of environmental controls to meet future regulations for emissions beginning with costs for the estimated year of installation and escalated each year through 2010 at 2.0% per year. The commission will adopt a methodology for calculating the O & MR cost of environmental controls to meet future regulations for emissions; (F) OE = Ownership effect, calculated as the net present value as of 2003, over the expected remaining life of the retrofitted unit, using the equation OE = VALUE(PT + PI + CAPIMP - OMTA - CAPIMPDEP - DEPTAXBEN) where: (i) PT = annual property tax, adjusted for income tax benefit = (applicable property tax rate) x (ADJECCR) x (1 - income tax rate) where ADJECCR is equal to ECCR reduced to reflect any property tax exemption for which the unit might qualify; (ii) PI = annual property insurance, adjusted for income tax benefit = (applicable property insurance rate) x (ECCR) x (1 - income tax rate); (iii) CAPIMP = annual continuing capital improvements, adjusted for income tax benefit = (1.25% of the sum of the net book value plus improvements) x (1- income tax rate); (iv) OMTA = annual income tax benefit on O & MR = (income tax rate) x (estimated additional operating and maintenance cost of the retrofit for the applicable year); (v) CAPIMPDEP = annual tax depreciation on CAPIMP; and (vi) DEPTAXBEN = (income tax rate) x (annual tax depreciation on ECCR). (12) Transportation equipment - A rail spur at a lignite-fired electric generating facility installed to receive deliveries of western coal. Transportation equipment does not include rail cars and unloading facilities. (d) Requirements. (1) Qualifying retrofit costs. To be eligible for recovery as invested capital pursuant to PURA §39.263, a retrofit cost must be: (A) reasonable and prudent; (B) incurred in carrying out the most cost-effective alternative for improving air quality as approved pursuant to this section; (C) incurred to reduce or offset emissions by an amount and at a location that is consistent with the air quality goals and policies of the conservation commission; (D) incurred to offset or reduce the emission of airborne contaminants from an electric generating facility, where: (i) the emission reduction or offset is determined by the conservation commission to be an essential component in achieving compliance with a national ambient air quality standard. For purposes of this section, any emission reduction or offset achieved by an electric utility or affiliated power generation company to comply with conservation commission regulations at 30 TAC Chapter 117 is deemed to have been determined by the conservation commission to be an essential component in achieving compliance with a national ambient air quality standard; or (ii) the reduction or offset is necessary for an unpermitted electric generating facility to obtain a permit in the manner provided by PURA §39.264; and (E) associated with the engineering, procurement, or installation of pollution control equipment or transportation equipment, or the purchase of emissions allowances. (2) Qualifying retirement costs. Retirement costs may be included in the electric generating facility's stranded cost determination if retirement of the facility is the most cost-effective alternative, taking into account the cost of replacement generating capacity. Recoverable retirement costs are the net book value of the facility, including retirement costs, less salvage value. (3) When costs incurred. For purposes of this section, the electric utility or affiliated power generation company has incurred costs if it has expended funds or has committed to expend funds under the terms of a written agreement. (4) Operating and maintenance costs. This section does not authorize the recovery of operating and maintenance costs or the capital cost of a new electric generating facility. (5) Apportionment of reductions. As provided in this paragraph, the commission may apportion the capital invested to reduce emissions of nitrogen oxides, sulfur dioxide, or both, among one or more entities owning facilities located in the same region. The capital investments for which recovery is sought must have been incurred pursuant to a written agreement between the entities executed prior to the date any such costs were incurred. The commission may not apportion capital costs under this provision unless the criteria of paragraph (1) of this subsection are met for each electric generating facility seeking capital cost recovery. Capital costs shall be apportioned by prorating the total capital invested between entities on the basis of reductions of nitrogen oxides, sulfur dioxide, or both, realized at each participating entity's facilities in the region. (e) Request for approval of cost-effectiveness determination. (1) Application. On or before January 10, 2003, an electric utility or affiliated power generation company that seeks recovery of capital costs pursuant to this section shall file an application for a determination that its plan for meeting the requirements of PURA §39.264 and the regulatory programs designed to achieve compliance with national ambient air quality standards are cost-effective under this section. No more than one application may be filed for generating facilities owned by the same electric utility or affiliated power generation company in the same region. The application shall include the information specified in subparagraphs (A) - (H) of this paragraph. (A) Description. A general description of the generating facility, including but not limited to: (i) net generating capacity in megawatts; (ii) type of fuel used for electric generation; (iii) the county and region in which each facility addressed in the application is located; (iv) average capacity factor for the three most current calendar years as reported to the commission; (v) generation in megawatt-hours for the three most current calendar years, as reported on Form EIA-767 or if not available on Form EIA-767, then as reported to the Public Utility Commission of Texas; (vi) the expected remaining life of the facility; and (vii) any other information required to perform the analysis prescribed by this section. (B) Total emissions. The total annual emissions (in tons) of nitrogen oxides and sulfur dioxide: (i) for the year 1997; (ii) for the most recent calendar year for which data is available; (iii) that is expected for the first calendar year after the implementation of the air quality improvement strategies for which cost recovery will be requested; and (iv) for the calendar years 2003 through 2005. (C) Allocated emissions allowances. The number of emission allowances allocated to the electric generating facility by the conservation commission. (D) Capital cost estimate. The total amount of qualifying capital costs for each option evaluated by the electric utility or affiliated power generation company. (E) Alternatives. A decision analysis for all electric generating facilities owned by a utility or affiliated power generation company in the same region comparing the cost-effectiveness of the retirement option with retrofit options and all other possible options considered by the electric utility or affiliated power company. Other options shall include: (i) offsetting emissions at the electric generating facility by installing control technology at another facility, consistent with the rules of the conservation commission; and (ii) switching fuel used for electricity generation at the electric generating facility. (F) Comparative cost analysis. The net present value of the capital, operating, and maintenance costs of each option considered pursuant to subparagraph (E) of this paragraph. The period of the analysis shall begin on May 1, 2003, and extend for a period of 15 years. The discount rate used in the analysis and the cost of capital associated with each option shall be calculated differently. Both shall start with the capital structure and cost of capital as they are reported for the end of 1999 in the utility's annual report made pursuant to PURA §39.257. The discount rate shall be the after-tax weighted cost of capital, while the cost of capital associated with each option shall be taken directly from the annual report, except for the cost of debt. The cost of debt for this purpose shall be the average cost of debt for the months of October, November, and December 1999 as reported by Moody's Investors Service for utilities with the same Moody's bond rating as the utility making the filing adjusted to reflect any tax-exemption benefits for which a particular option might qualify. All assumptions used in the analysis shall be provided. If the lowest-cost alternative is not selected as the most cost-effective, an explanation of why it was not selected shall be provided. Where an electric generating facility is required to remain active to ensure reliability, retrofit shall be deemed to be the most cost-effective alternative for that facility. The commission shall give great weight to the recommendation of the Electric Reliability Council of Texas (ERCOT) Independent System Operator (ISO) in determining whether a facility is needed for reliability purposes. (G) Retrofit. The retrofit alternative analysis shall include calculation of retrofit cost and an estimate of the total cost per ton of pollutant reduced for each option considered. The retrofit alternative analysis shall also include the time-discounted, probability-adjusted cost of environmental retrofits that are reasonably foreseeable to require air quality improvement compliance no later than 2010. If the expected remaining life of the generating facility is less than 15 years, the retrofit analysis shall include the net present value of all relevant costs of retirement for those years remaining after the retirement date. (H) Retirement. The retirement analysis shall include the net present value of all relevant costs of retirement for each electric generating facility, including: (i) the cost of replacement generating capacity in dollars as defined in subsection (c)(2) of this section. The amount of replacement generating capacity shall be the generating capacity of the unit retired adjusted, when appropriate and depending upon the size of the unit, to reflect energy savings or additions attributable to energy efficiency, transmission upgrades, distributed generation, and other similar measures; and (ii) the net book value of the facility, including retirement costs and offsetting salvage value, which includes but is not limited to the market value of the land after the facility is retired, and the value of water rights, pollution credits or benefits associated with the facility, and other infrastructure. (2) Notice. Notice of an application for approval of a cost-effectiveness determination shall be provided through newspaper publication once a week for two consecutive weeks in a newspaper of general circulation throughout the service area of each electric generating facility addressed in the application. Such newspaper notice shall state in plain language: (A) the purpose of the application; (B) the electric generating facilities addressed in the application; (C) the air quality improvement strategy proposed for each electric generating facility addressed in the application; and (D) the date the application will be deemed approved if no objection is filed with the commission. (3) Approval of an application for determination of cost-effectiveness. An application shall be deemed approved without further commission action if no objection to the application is filed with the commission within 60 days after the application was filed and adequate notice has been completed. (4) Decision. If an application for approval of an emissions reduction plan is not approved under paragraph (3) of this subsection, the commission shall render a decision approving or denying the application within 180 days from the date of filing of a complete application unless good cause is shown for extending the 180-day period. (f) Reconciliation of environmental cleanup costs during the true-up proceedings. The commission's final determination of recoverable environmental cleanup costs under PURA §39.263 shall be made during the true-up proceedings under PURA §39.262, subject to the provisions of this paragraph: (1) Burden of proof for recovery of costs. (A) Burden of proof. In determining the amount of environmental cleanup costs that the electric utility may recover as invested capital under PURA §39.263, the electric utility or affiliated power generation company has the burden of showing that its qualifying costs during the period were prudent, reasonable, and necessary and were incurred to implement the most cost-effective alternative. (B) Benchmarks. For those electric generating facilities where their owners can show that retrofitting the facilities is more cost effective than retiring them, the commission presumes that costs for retrofitting a natural gas-fired electric generating facility that are no more than $7.00 per kilowatt for nitrogen oxide combustion control technology and $25 per kilowatt for technology that reduces nitrogen oxide emissions by 80% or more are reasonable and prudent. Likewise, the commission presumes that costs for retrofitting a coal-fired electric generating facility that are no more than $10 per kilowatt for nitrogen oxide combustion control technology and $50 per kilowatt for technology that reduces nitrogen oxide emissions by 80% or more are reasonable and prudent. For actual costs that exceed these per-kilowatt benchmarks, the utility must establish that those costs were reasonably incurred. Costs that the utility estimates and the commission affirms as the estimated costs of each plant's environmental retrofit, as determined in a proceeding under subsection (e) of this section, shall be aggregated as the maximum reasonable and prudent investment for the fleet retrofit, and the costs in excess of the fleet total are not recoverable through stranded costs. (2) Scope. Any issue related to determining the prudence and reasonableness of the environmental clean-up costs which the electric utility or affiliated power generation company is seeking recovery as invested capital shall be within the scope of the proceeding. The prudence and reasonableness of the alternative selected for each electric generating facility is not within the scope of this proceeding.", "sourceNote": "Source Note: The provisions of this §25.261 adopted to be effective October 1, 2000, 25 TexReg 9447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "125567", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.263", "label": "True-up Proceeding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102776", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose.(1) The purpose of the true-up proceeding is to quantify and reconcile the amount of stranded costs, the differences in the price of power obtained through the capacity auctions and the power costs used in the excess costs over market (ECOM) model; the results of the annual reports; the level of excess revenues, net of nonbypassable delivery charges, from customers who continue to pay the price to beat (PTB); the reasonable regulatory assets not previously approved in a rate order that are being recovered through competition transition charges (CTCs) or transition charges (TCs); and the final fuel balances. The purpose of the true-up proceeding is also to provide for the recovery of regulatory assets not already approved for securitization that were to be considered in future proceedings pursuant to a commission financing order in a securitization case.(2) An electric utility, together with its affiliated retail electric provider (AREP), its affiliated power generation company (APGC), and its affiliated transmission and distribution utility (TDU), shall not be permitted to over-recover stranded costs through the application of the measures provided in the Public Utility Regulatory Act (PURA), Chapter 39, or under the procedures established in PURA §39.262 and this section. (b) Application. This section applies to all investor-owned transmission and distribution utilities established pursuant to PURA §39.051, their APGCs, and their AREPs. In addition, the reporting requirements of subsection (j)(6) of this section apply to all retail electric providers (REPs) serving residential and small commercial customers.(c) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context indicates otherwise:(1) Capacity auction total price of power ($/MWh)--The total (fuel plus non-fuel) capacity auction revenues for entitlements to capacity for the years 2002 and 2003 divided by the total capacity auction energy (expressed in MWh) scheduled to be delivered for those entitlements over the same time period.(2) Independent third party--The party designated by the commission to perform the duties described in subsection (j) of this section.(3) Mitigation--The total excess earnings and redirected depreciation applied to generation assets pursuant to PURA §39.254 and §39.256 or a commission order issued after 1996 that approved a utility's transition case.(4) Net mitigation--Any mitigation that has not been reversed or refunded as of the date of the final order in the true-up proceeding.(5) Net value realized--All compensation paid by a buyer for generation assets, including the buyer's assumption of debt, less any costs of sale such as legal fees, broker fees, and other reasonable transaction costs.(6) Projected stranded costs--The value produced by the ECOM model and approved by the commission in the proceeding conducted pursuant to PURA §39.201.(7) Regulatory assets--The generation-related portion of the Texas jurisdictional portion of the amount reported by the electric utility in its 1998 annual report on Securities and Exchange Commission Form 10-K as regulatory assets and liabilities, offset by the applicable portion of generation-related investment tax credits permitted under the Internal Revenue Code of 1986.(8) Residential market price of electricity--The volume-weighted average price, less average nonbypassable charges (each expressed in cents per kilowatt-hour (kWh)), calculated by the independent third party for residential electric service provided by non-affiliated retail electric providers and non-provider of last resort (POLR) service providers competing in the TDU region. The price determined by the independent third party shall be based upon pricing disclosures pursuant to §25.475(e) of this title (relating to Information Disclosures to Residential and Small Commercial Customers) and other information provided to the independent third party.(9) Residential net price to beat--The average residential PTB rate (expressed in cents per kWh) less the average nonbypassable charges (expressed in cents per kWh) applicable to residential customers.(10) Small commercial market price of electricity--The volume-weighted average price, less average nonbypassable charges (each expressed in cents per kWh), calculated by the independent third party for small commercial electric service provided by non-AREPs and non-POLR service providers competing in the TDU region. The price determined by the independent third party shall be based upon pricing disclosures pursuant to §25.475(e) of this title and other information provided to the independent third party.(11) Small commercial net price to beat--The average small commercial PTB rate (expressed in cents per kWh) less the average nonbypassable charges (expressed in cents per kWh) applicable to small commercial customers. (12) Transferee corporation--A separate affiliated or non-affiliated company to whom an electric utility or its APGC transfers generation assets. (13) Transmission and distribution utility (TDU)--A transmission and distribution utility that, pursuant to PURA §39.051, is the successor in interest of an electric utility certificated to serve an area.(14) Transmission and distribution utility region (TDU region)--The affiliated transmission and distribution utility's service territory.(d) Obligation to file a true-up proceeding.(1) Each TDU, its APGC, and its AREP shall jointly file a true-up application pursuant to subsection (e) of this section.(2) Each TDU that is a successor in interest of any utility that was reported by the commission to have positive ECOM, denoted as the \"base case\" for the amount of stranded costs before full retail competition in 2002 with respect to its Texas jurisdiction in the April 1998 Report to the Texas Senate Interim Committee on Electric Utility Restructuring entitled \"Potentially Strandable Investment (ECOM) Report: 1998 Update,\" and such TDU's, APGC's, and AREP's, shall file the true-up application as required by subsections (f) - (k) of this section.(3) All TDUs not described in paragraph (2) of this subsection, their APGCs, and their AREPs shall file the applications required by subsections (h) and (j) of this section.(e) True-up filing procedures.(1) Each TDU, APGC, and AREP shall file all testimony and schedules on which they intend to rely for their direct case in accordance with the true-up filing package prescribed by the commission.(A) Within 20 calendar days of the filing of a true-up application, commission staff or any intervenor may file a motion stating that the filing is materially deficient. Any such motion shall include a detailed explanation of the claimed material deficiencies.(B) If the presiding officer determines that an application is materially deficient, the TDU, APGC, and AREP shall correct the deficiencies within 30 calendar days. The deadline for final commission order shall be extended day for day from the date of initial filing until the corrections are filed with the commission.(2) At least 90 days prior to the filing of the first true-up application scheduled by the commission, a utility's APGC shall file a notification of intent with the commission if it intends to utilize PURA §39.262(i) to determine the amount of its stranded costs for nuclear assets.(3) The commission may initiate a generic proceeding to determine true-up issues that are common to multiple TDUs, APGCs, and AREPs. This proceeding may include updates to the ECOM model required by subsection (f)(2)(B) of this section, in the event a notification of intent is filed pursuant to paragraph (2) of this subsection. The commission may order further updates to any order approved in a generic proceeding pursuant to this section for any utility whose customers are not offered competition on January 1, 2002.(4) As part of the true-up proceeding, the commission shall make a determination with respect to whether the TDU, the APGC, and the AREP have complied with PURA §39.252(d). If the commission finds that the TDU, the APGC, or the AREP have failed, individually or in combination, to fully comply with their obligations under PURA §39.252(d), the commission may reduce the net book value of the APGC's generation assets or take other measures it deems appropriate in the true-up proceeding filed under this section. In making a determination as to compliance with PURA §39.252(d), the commission shall not substitute its judgment for a market valuation of generation assets determined under PURA §39.262(h) or (i).(5) The State Office of Administrative Hearings shall employ expedited procedures during discovery in the true-up proceedings.(6) The commission shall issue the final order for each proceeding filed under this section not later than the 150th day after the filing of a complete, non-deficient application. Notwithstanding the foregoing, however, the 150-day deadline may be extended by the commission for good cause.(f) Quantification of market value of generation assets.(1) Market value of generation assets shall be quantified using one or more of the following methods:(A) Sale of assets method. If an electric utility or its APGC sells some or all of its generation assets after December 31, 1999, in a bona fide third-party transaction under a competitive offering, the total net value realized from the sale shall establish the market value of the generation assets sold. Within 30 days of closing, the utility or its APGC shall provide to the commission a detailed explanation, which may be filed confidentially, of the transaction and a description of the generating unit, property boundaries, fuel and parts, emission allowances, and other general categories of items associated with the sale, including any ancillary items related to the assets. (B) Stock valuation method. The following method of market valuation without using a control premium may be used to value generation assets.(i) If, at any time after December 31, 1999, an electric utility or its APGC has transferred some or all of its generation assets, including, at the election of the electric utility or the APGC, any fuel and fuel transportation contracts related to those assets, to one or more separate affiliated or nonaffiliated corporations, not less than 51% of the common stock of each corporation is spun off and sold to public investors through a national stock exchange, and the common stock has been traded for not less than one year, the resulting average daily closing price of the common stock over 30 consecutive trading days chosen by the commission out of the last 120 consecutive trading days before the true-up filing required by this section establishes the market value of the common stock equity in each transferee corporation.(ii) The average book value of each transferee corporation's debt and preferred stock securities during the 30-day period chosen by the commission to determine the market value of common stock shall be added to the market value of its stock.(iii) The market value of each transferee corporation's assets that is determined as the sum of clauses (i) and (ii) of this subparagraph shall be reduced by the corresponding net book value of the assets acquired by the transferee corporation from any entity other than the affiliated electric utility or APGC.(iv) The market value of the assets determined from the procedures required by clauses (i), (ii), and (iii) of this subparagraph establishes the market value of the generation assets transferred by the affiliated electric utility or APGC to each separate corporation.(C) Partial stock valuation method. The following method of market valuation using a control premium may be used to value generation assets. (i) If, at any time after December 31, 1999, an electric utility or its APGC has transferred some or all of its generation assets, including, at the election of the electric utility or the APGC, any fuel and fuel transportation contracts related to those assets, to one or more separate affiliated or nonaffiliated corporations, at least 19%, but less than 51%, of the common stock of each corporation is spun off and sold to public investors through a national stock exchange, and the common stock has been traded for not less than one year, the resulting average daily closing price of the common stock over 30 consecutive trading days chosen by the commission out of the last 120 consecutive trading days before the filing establishes the market value of the common stock equity in each transferee corporation.(ii) The commission may accept the market valuation to conclusively establish the value of the common stock equity in each transferee corporation or convene a valuation panel of three independent financial experts to determine whether the per-share value of the common stock sold is fairly representative of the per-share value of the total common stock equity or whether a control premium exists for the retained interest.(iii) Should the commission elect to convene a valuation panel, the panel must consist of financial experts chosen from proposals submitted in response to commission requests from the top ten nationally recognized investment banks with demonstrated experience in the United States electric industry, as indicated by the dollar amount of public offerings of long-term debt and equity of United States investor-owned electric companies over the immediately preceding three years as ranked by the publication \"Securities Data\" or \"Institutional Investor.\"(iv) If the panel determines that a control premium exists for the retained interest, the panel shall determine the amount of the control premium, and the commission shall adopt the determination, but may not use the control premium to increase the value of the assets by more than 10%. (v) The costs and expenses of the panel, as approved by the commission, shall be paid by each transferee corporation.(vi) The determination of the commission, based on the finding of the panel and other admitted evidence, conclusively establishes the value of the common stock of each transferee corporation.(vii) The average book value of each transferee corporation's debt and preferred stock securities during the 30-day period chosen by the commission to determine the market value of common stock shall be added to the market value of its stock.(viii) The market value of each transferee corporation's assets shall be reduced by the corresponding net book value of the assets acquired by the transferee corporation from any entity other than the electric utility or its APGC.(ix) The market value of the assets resulting from the procedures required by clauses (i) - (viii) of this subparagraph establishes the market value of the generation assets transferred by the electric utility or APGC to each transferee corporation.(D) Exchange of assets method. If, at any time after December 31, 1999, an electric utility or its APGC transfers some or all of its generation assets, including any fuel and fuel transportation contracts related to those assets, in a bona fide third-party exchange transaction, the stranded costs related to the transferred assets shall be the difference between the net book value and the market value of the transferred assets at the time of the exchange, taking into account any other consideration received or given.(i) The market value of the transferred assets may be determined through an appraisal by a nationally recognized independent appraisal firm, if the market value is subject to a market valuation by means of an offer of sale in accordance with this subparagraph.(ii) To obtain a market valuation by means of an offer of sale, the owner of the asset shall offer it for sale to other parties under procedures that provide broad public notice of the offer and a reasonable opportunity for other parties to bid on the asset. The owner of the asset shall provide to the commission copies of all documentation explaining and attesting to the utility's sale proposal.(iii) The owner of the asset may establish a reserve price for any offer based on the sum of the appraised value of the asset and the tax impact of selling the asset, as determined by the commission.(iv) Within 30 days of closing, the utility or its APGC shall provide to the commission a detailed explanation, which may be filed confidentially, of the transaction and a description of the generating unit, property boundaries, fuel and parts, emission allowances, and other general categories of items associated with the transfer, including any ancillary items related to the assets.(2) ECOM Method. Unless an electric utility or its APGC combines all its remaining generation assets into one or more transferee corporations pursuant to paragraph (1)(B) or (C) of this subsection, the electric utility shall quantify its stranded costs for nuclear assets using the ECOM method. (A) The ECOM method is the estimation model prepared for and described by the commission's April 1998 Report to the Texas Senate Interim Committee on Electric Restructuring entitled \"Potentially Strandable Investment (ECOM) Report: 1998 Update.\" The methodology used in the model must be the same as that used in the 1998 report to determine the \"base case.\"(B) As part of the filing specified in subsection (d) of this section, the electric utility shall rerun the ECOM model using updated company specific inputs required by the model, updating the market price of electricity, and using updated natural gas price forecasts and the capacity cost based on the long-run marginal cost of the most economic new generation technology then available, as approved by the commission pursuant to subsection (e)(3) of this section. Natural gas price projections used in the model shall be forward prices of Houston Ship Channel natural gas.(C) Growth rates in generating plant operations and maintenance costs and allocated administrative and general costs shall be benchmarked by comparing those costs to the best available information on cost trends for comparable generating plants.(D) Capital additions shall be benchmarked using the 1.5% limitation set forth in PURA §39.259(b). (g) Quantification of net book value of generation assets. (1) For purposes of this section, the net book value of generation assets shall be established as of December 31, 2001, or the date a market value is established through a market valuation method under subsection (f) of this section, whichever is earlier.(2) Net book value of generation assets consists of:(A) The generation-related electric plant in service, less accumulated depreciation (exclusive of depreciation related to mitigation), plus generation-related construction work in progress, plant held for future use, and nuclear, coal, and lignite fuel inventories, reduced by:(i) net mitigation;(ii) the net book value of nuclear generation assets if quantification of ECOM related to those nuclear generation assets is determined pursuant to PURA §39.262(i); and(iii) any generation-related invested capital recoverable through a CTC, exclusive of related carrying costs, projected to be collected through the date of the final order in the true-up proceeding.(B) Above-market purchased power costs arising from contracts in effect before January 1, 1999, including any amendments and revisions to such contracts resulting from litigation initiated before January 1, 1999. (i) The purchased power market value of the demand and energy included in the purchased power contracts shall be determined by using the weighted average costs of the highest three offers from a bona fide third-party transaction or transactions on the open market.(ii) The bona fide third-party transaction or transactions on the open market shall be structured so that the above-market purchased power costs are determined pursuant to subclause (I) or (II) of this clause. (I) A transaction may be structured so the electric utility pays a third party to assume the utility's obligations under the purchased power contract. The weighted average of the three highest offers received in the transaction establishes the above-market purchased power costs.(II) A transaction may be structured so a third party pays the utility to take power under the purchased power contract. The difference between the net present value of obligations under the existing contracts at the utility's cost of capital and the weighted average of the three highest offers received in the transaction establishes the above-market purchased power costs.(C) Deferred debits, to the extent they have not been securitized, related to a utility's discontinuance of the application of SFAS No. 71 (\"Accounting for the Effects of Certain Types of Regulation\") for generation-related assets if required by PURA Chapter 39.(D) Capital costs incurred before May 1, 2003 to improve air quality to the extent they have been approved by the commission pursuant to §25.261 of this title (relating to Stranded Cost Recovery of Environmental Cleanup Costs).(E) Any adjustments resulting from the commission's review of the TDU's, APGC's, and AREP's efforts pursuant to subsection (e)(4) of this section.(h) True-up of final fuel balance.(1) An APGC shall reconcile the former electric utility's final fuel balance determined under PURA §39.202(c).(2) The final fuel balance shall be reduced by any revenues collected by the AREP under any commission-approved fuel surcharge, from the date of introduction of competition to the utility's customers through the date of the true-up filing under this section, so long as the fuel surcharge is associated with fuel costs incurred during the time period covered by the final reconcilable fuel balance.(3) If an electric utility or its TDU or APGC is assessed by another utility in Texas a fuel surcharge after 2001 for under-recoveries occurring through the end of 2001, the surcharged utility shall add the amount of surcharges and any associated carrying costs paid after 2001 to its final fuel balance.(4) The final fuel balance, as adjusted by paragraphs (2) and (3) of this subsection, shall include carrying costs on the positive or negative fuel balance equal to:(A) the weighted-average cost of capital approved in the company's unbundled cost of service (UCOS) proceeding, if the period until the date of the final true-up order is greater than one year; or(B) the rate approved in §25.236 of this title (relating to Recovery of Fuel Costs) if the period until the date of the final true-up order is one year or less.(i) True-up of capacity auction proceeds.(1) For purposes of the true-up required by PURA §39.262(d)(2), and as provided for under §25.381(h)(1) of this title (relating to Capacity Auctions), the APGC shall compute the difference between the price of power obtained through the capacity auctions conducted for the years 2002 and 2003 and the power cost projections for the same time period as used in the determination of ECOM for that utility in the proceeding under PURA §39.201. The difference shall be calculated according to the following formula: (ECOM market revenues - ECOM fuel costs) - ((capacity auction price x total 2002 and 2003 busbar sales) - actual 2002 and 2003 fuel costs). For purposes of this paragraph: (A) \"ECOM market revenues\" shall be the sum of rows 12 through 14 for the years 2002 and 2003 in the \"Plant Economics\" worksheet of the ECOM model underlying the commission-approved ECOM estimate in the company's UCOS proceeding;(B) \"ECOM fuel costs\" shall be the sum of rows 33 through 35 for the years 2002 and 2003 in the \"Cost Partition\" worksheet of the ECOM model underlying the commission-approved ECOM estimate in the company's UCOS proceeding;(C) The \"capacity auction price\" shall be the APGC's total capacity auction revenues derived from the capacity auctions conducted for the years 2002 and 2003 divided by that APGC's total MWh sales of capacity auction products for the years 2002 and 2003.(2) If, as a result of not having participated in capacity auctions pursuant to §25.381(h)(1) of this title, an APGC is unable to determine a company-specific capacity auction price, the APGC may request in its true-up application a method using prevailing capacity auction prices from other APGCs for the calculation in paragraph (1) of this subsection. (j) True-up of PTB revenues. This subsection specifies how the PTB will be compared to prevailing market prices pursuant to PURA §39.262(e). For purposes of this subsection, the term \"small commercial customer\" does not include unmetered lighting accounts unless such an account has historically been treated as a separate customer for billing purposes.(1) An AREP is not required to perform the reconciliation described in PURA §39.262(e) for the residential or small commercial customer class if the commission has determined that the AREP has reached the applicable 40% threshold requirements prior to January 1, 2004, pursuant to filing requirements listed in §25.41(l) of this title (relating to Price to Beat) applicable to that class.(2) If an AREP has not reached the applicable 40% threshold requirements prior to January 1, 2004, for either the residential or the small commercial class, or both, the net PTB for each such class must be compared to the market price of electricity for that class in the TDU region for the period January 1, 2002 through January 1, 2004 as provided in paragraphs (3) and (4) of this subsection.(3) The independent third party shall compute the difference between the residential net PTB and the residential market price of electricity on the last day of each calendar-year quarter for the years 2002 and 2003. The price differential for each quarter shall be multiplied by the total kWh consumed by residential PTB customers of the AREP for that quarter. The results shall be summed over the eight quarters within the period from January 1, 2002 through January 1, 2004.(4) The independent third party shall compute the difference between the small commercial net PTB and the small commercial market price of electricity on the last day of each calendar-year quarter for the years 2002 and 2003. The price differential for each quarter shall be multiplied by the total kWh consumed by small commercial PTB customers of the AREP for that quarter. The results shall be summed over the eight quarters within the period from January 1, 2002 through January 1, 2004.(5) For each of the residential and small commercial classes, the AREP shall credit the TDU the lesser of the amounts calculated in subparagraphs (A) and (B) of this paragraph:(A) $150 multiplied by (the difference between the number of residential or small commercial customers, as applicable, in the TDU Region taking PTB service from the AREP on January 1, 2004 and the number of residential or small commercial customers, as applicable, outside the TDU region being served by the AREP on January 1, 2004, provided that such customers are not receiving POLR service from the AREP); or(B) the total differential between the net PTB and the market price of electricity calculated for the applicable class under paragraph (3) or (4) of this subsection.(6) All REPs shall provide information to the independent third party as needed for the performance of calculations set forth in paragraphs (3) and (4) of this subsection. All data used in the calculations performed by the independent third party will remain confidential but shall be subject to audit by the commission.(7) The functions of the independent third party shall be funded by the AREPs through one or more assessments made by the commission.(k) Regulatory assets. To the extent that any amount of regulatory assets included in a TC or CTC exceeds the amount of regulatory assets approved in a rate order which became effective on or before September 1, 1999, the commission shall conduct a review during the true-up proceeding to determine any such amounts that were not appropriately calculated or that did not constitute reasonable and necessary costs. In addition, to the extent that any amount of regulatory assets approved for securitization in a commission financing order was not subsequently included in an issuance of transition bonds, that amount of regulatory assets shall be included in the TDU/APGC true-up balance under subsection (l) of this section.(l) TDU/APGC True-up balance.(1) The formula to establish the true-up balance between the TDU and APGC is shown in the following table. TDUs described in subsection (d)(3) of this section and their APGCs shall insert zero for all inputs in this equation except the input entitled \"Final fuel balance calculated pursuant to subsection (h).\" Attached Graphic(2) For TDUs described in subsection (d)(2) of this section, the TDU/APGC true-up balance shall be compared to projected stranded costs as provided in subparagraphs (A) - (C) of this paragraph. For TDUs described in subsection (d)(3) of this section, the TDU/APGC true-up balance shall be treated as provided in subparagraph (D) of this paragraph.(A) If the TDU/APGC true-up balance is positive, and greater than projected stranded costs, then the commission shall increase the CTC (or establish a CTC, if no CTC has previously been approved for the utility), extend the time for the collection of the CTC, or both, to enable the TDU to collect the TDU/APGC true-up balance. The utility may seek to securitize any or all of the amounts determined under this subparagraph under PURA Chapter 39, Subchapter G.(B) If the TDU/APGC true-up balance is positive, but less than projected stranded costs, then the commission shall reduce nonbypassable delivery rates in the amount of the difference by:(i) reducing any CTC established under PURA §39.201;(ii) reversing, in whole or in part, the depreciation expense that has been redirected under PURA §39.256;(iii) reducing the TDU's rates; or(iv) any combination of clauses (i), (ii), and (iii) of this subparagraph.(C) If the TDU/APGC true-up balance is negative, then(i) any CTC established under PURA §39.201 shall be eliminated; (ii) net mitigation shall be reversed until exhausted or until a zero true-up balance is achieved, and the amount of net mitigation reversed shall be returned to ratepayers by the APGC through an excess mitigation credit; and(iii) if net mitigation is exhausted and some amount of the negative true-up balance remains, then for companies that have securitized regulatory assets, a negative CTC shall be established based upon the lesser of the absolute value of the remaining negative true-up balance or the securitization amount on which any TCs are based. If the company has been issued a financing order by the commission authorizing the securitization of regulatory assets but securitization has not yet occurred, then the negative CTC will be implemented at the time the securitization bonds are issued. If the company has not received a financing order from the commission authorizing securitization of regulatory assets, then no negative CTC shall be established for purposes of this subsection. (D) If the TDU/APGC true-up balance is positive, then a CTC shall be imposed to enable the APGC to recover any positive fuel balance. If the TDU/APGC true-up balance is negative, then a fuel credit shall be implemented to return the over-recovered fuel balance to ratepayers.(3) The TDU shall be allowed to recover, or shall be liable for, carrying costs on the true-up balance. This provision shall apply to all amounts the commission has authorized to be collected under this section that have not been securitized. Carrying costs on the unrecovered true-up balance shall be calculated from January 1, 2002, until the true-up balance is fully recovered. Based on the filing described below that is made within 30 days of the effective date of this rule, carrying costs shall be calculated using an interest rate determined as follows.(A) The TDU shall file an application to adjust the carrying costs and amend its CTC tariff on a prospective basis in conformance with this paragraph within 30 days of the effective date of an amendment to this paragraph. The establishment of the interest rate used to calculate carrying charges shall be based upon the following:(i) The weighted average of the TDU's unadjusted historical cost of debt (HC) and an adjusted form of the TDU's marginal cost of debt (MC), with the weightings based on the utility's most recently authorized capital structure. The HC component shall be the cost of debt as determined in a final commission order, provided that the order was entered within three years of the effective date of this rule, for a rate proceeding in which the TDU's cost of debt was explicitly addressed or can be determined based upon the order's authorized weighted-average cost of capital (overall rate of return on invested capital), proportions of debt and equity, and allowed return on equity. The MC component shall be based upon the average yield for long-term bonds of public utilities with the TDU's current credit rating during the three-month period preceding the filing, as published in Moody's Credit Perspectives (or a similar publication if Moody's Credit Perspectives is not available). Additionally, the MC component shall be adjusted--i.e., grossed-up--for the effects of federal income taxes. The following formula shall be used to determine the weighted-average carrying cost described above: CTC Carrying Charge Rate = MC * Equity Proportion of Most Recently Authorized Capital Structure * 1/(1-Tax Rate) + HC * Debt Proportion of Most Recently Authorized Capital Structure.(ii) If the commission, within three years prior to the effective date of this rule, did not enter a final order in a rate proceeding that addresses the TDU's cost of debt, the HC component used in the interest rate determination described in the preceding clause shall be based upon the cost of debt reported in the utility's most recent Earnings Monitoring Report filed pursuant to §25.73 of this title (relating to Financial and Operating Reports), adjusted for known and measurable changes.(B) In each rate case for the TDU, the calculation of carrying costs on the TDU's unsecuritized true-up balance shall be reviewed and adjusted to reflect authorized changes in the TDU's capital structure and cost of debt. Further, to reflect the effect of the CTC carrying charge rate across the entirety of the TDU's recoverable regulated assets, a composite rate of return incorporating the CTC carrying charge rate may be applied to both the unsecuritized true-up balance and the TDU rate base. The composite rate of return shall be calculated as follows: Composite Pre-Tax Rate of Return = CTC Carrying Charge Rate * Unsecuritized True-up Balance / (Unsecuritized True-up Balance + TDU Rate Base) + TDU Authorized Pre-Tax Weighted-Average Cost of Capital * TDU Rate Base / (Unsecuritized True-up Balance + TDU Rate Base).(m) TDU/AREP true-up balance. The TDU shall bill the AREP for, and the AREP shall remit to the TDU, the amount calculated pursuant to subsection (j) of this section, plus carrying costs. Carrying costs shall be calculated in accordance with subsection (l) of this section and shall be calculated for the period of time from the date of the true-up final order until fully recovered. The commission may reduce the TDU's rates to reflect the amounts due from the AREP.(n) Proceeding subsequent to the true-up.(1) The TDU shall file an application to adjust its rates within 60 days following the issuance of a final, appealable order in its true-up proceeding. In the proceeding, the commission may adjust the TDU's rates and any CTC, in accordance with PURA §39.262(g), and any excess mitigation credit. The commission may also allocate the recovery responsibility for such rates and any CTC to the TDU's customer classes.(2) In the proceeding, the commission shall also consider adopting remittance standards, if necessary, with respect to the credits or bills as among the TDU, the APGC, and the AREP.", "sourceNote": "Source Note: The provisions of this §25.263 adopted to be effective December 24, 2001, 26 TexReg 10498; amended to be effective August 7, 2003, 28 TexReg 5993; amended to be effective June 2, 2004, 29 TexReg 5338; amended to be effective July 20, 2006, 31 TexReg 5603." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102776", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.264", "label": "Quantification of Stranded Costs of Nuclear Generation Assets" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "75135", "queryAsDate": "03/11/2026" }, "ruleBody": "The market value of an affiliated power generation company's nuclear assets may be established by compliance with any of the four methods of quantification specified in Public Utility Regulatory Act (PURA) §39.262(h) and related requirements specified in §25.263 of this title (relating to True-up Proceeding). If the electric utility or its affiliated power generation company values some of its assets using the sale of assets or an exchange of assets, any remaining assets shall be combined in one or more transferee corporations as described in PURA §39.262(h)(2) and (3) for purposes of determining their market value, or the electric utility or its affiliated power generation company shall quantify its stranded costs for remaining nuclear assets using the \"excess costs over market\" or ECOM method.", "sourceNote": "Source Note: The provisions of this §25.264 adopted to be effective June 12, 2003, 28 TexReg 4416." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=75135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "75135", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§25.265", "label": "Securitization by River Authorities and Electric Cooperatives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to securitization transactions carried out by a river authority or electric cooperative. A river authority or electric cooperative may adopt and use securitization provisions having the effect of the provisions provided by the Public Utility Regulatory Act (PURA), Chapter 39, Subchapter G, to recover its stranded costs in accordance with this section.(b) Definition of stranded costs.(1) For electric cooperatives, the term \"stranded costs\" when used in this section shall mean \"stranded investment\" as defined in PURA §41.002(3).(2) For river authorities, the term \"stranded costs\" when used in this section shall mean the positive excess of the combined net book value of generation assets over the combined market value of the assets, taking into account all of the river authority's generation assets, any above market purchased power costs, and any deferred debit related to a utility's discontinuance of the application of Statement of Financial Accounting Standards Number 71 (\"Accounting for the Effects of Certain Types of Regulation\") for generation-related assets.(c) Quantification of stranded costs. Only those river authorities and electric cooperatives having positive stranded costs as determined by this section may securitize such costs.(1) For electric cooperatives, the board of directors has the exclusive jurisdiction to reasonably determine the amount of the electric cooperative's stranded investments.(2) For river authorities, the governing body shall determine the amount of stranded costs using an administrative model or other reasonable methodology, and such determinations shall be subject to review and approval by the commission.(d) Demonstration of tangible and quantifiable benefits to ratepayers. A river authority or electric cooperative may not utilize securitization financing to recover stranded costs unless it demonstrates that securitization provides tangible and quantifiable benefits to ratepayers greater than would have been achieved absent the issuance of transition bonds. Such demonstration shall be performed on an asset-by-asset basis.(e) Limit on amount of qualified costs to be securitized. The amount securitized may not exceed the sum of:(1) the present value, calculated using a discount rate equal to the proposed interest rate on the transition bonds, of the revenue requirement over the life of the proposed transition bonds associated with the stranded costs sought to be securitized, and(2) the costs of issuing, supporting, and servicing the transition bonds and any costs of retiring and refunding existing debt of the river authority or electric cooperative.(f) Use of proceeds. The proceeds of the transition bonds shall be used solely for the purpose of reducing the amount of recoverable stranded costs as determined pursuant to this section, through the refinancing or retirement of debt of the river authority or electric cooperative.(g) True-up in the event of sale. A river authority or electric cooperative shall not overrecover its stranded costs. If the recovery of an asset has been securitized through a sale of transition bonds, and the asset is subsequently sold in a bona fide third-party transaction, then that asset shall be subject to true-up. To the extent the total net value received from the sale of such asset exceeds its remaining book value, the river authority or electric cooperative shall make refunds of the entire overcollected amounts, with interest, to its ratepayers through an appropriate mechanism.(h) Recovery of stranded costs. An electric cooperative or river authority may recover its securitized stranded costs and the reasonable costs of issuing, supporting, and servicing the transition bonds through a transition charge.(1) Electric Cooperatives. An electric cooperative may recover its stranded costs through transition charges from all existing or future customers, including the facilities, premises and loads of those customers taking service from the cooperative as of May 1, 1999. An electric cooperative's board of directors has the exclusive jurisdiction to establish non-discriminatory transition charges reasonably designed to recover the stranded costs over an appropriate period of time consistent with this section.(2) River Authorities. A river authority may recover its qualified costs, as defined in PURA, Chapter 39, Subchapter G, including its stranded costs as defined herein, through transition charges reasonably designed to recover the stranded costs over an appropriate period of time consistent with this section. Payment of transition charges shall be made by customers taking service from the river authority as of May 1, 1999 or those customers' successors or assigns. Transition charges of a river authority in a financing order adopted pursuant to this section shall be collected by the river authority, and such charges shall not be subject to challenge provided that a river authority's determination as to the existence and amount of stranded costs has been approved under subsections (b) and (c) of this section.(3) Transition charges for both electric cooperatives and river authorities.(A) The transition charge shall be sufficient to recover the stranded costs at the level, up to 100%, deemed appropriate by the electric cooperative or river authority.(B) Any transition charges adopted in accordance with this section shall constitute property rights, as described in PURA, Chapter 39, Subchapter G, and otherwise conform in all material respects to the transition charges provided by PURA, Chapter 39, Subchapter G.(C) A river authority or electric cooperative may recover a transition charge notwithstanding the expiration of a wholesale contract.(i) Financing order. A cooperative or river authority which chooses to adopt and use securitization provisions shall adopt a financing order consistent with this section.(1) The financing order shall contain a finding that the present value total amount of revenues to be collected under the financing order is less than the present value of the revenue requirement that would be recovered over the remaining life of the stranded costs using conventional financing methods.(2) The financing order shall have the effects of the provisions provided by PURA, Chapter 39, Subchapter G. The effects shall be detailed in the financing order and shall include, but are not limited to, provisions regarding property rights, set-off, security interests, no bypass, true-up, true sale, and security interests.(3) The financing order shall detail the stranded costs to be recovered and the period over which the nonbypassable transition charges shall be recovered, which period may not exceed 15 years.(4) The financing order shall detail how the proceeds from the transition bond are being used to refinance or retire river authority or cooperative debt as prescribed by subsection (f) of this section.(5) The financing order shall contain findings detailing the tangible and quantifiable benefits as prescribed by subsection (d) of this section.(6) The financing order shall contain a finding that the amount to be securitized does not exceed the limit on qualified costs as prescribed in subsection (e) of this section.(7) The financing order shall detail the allocation of the stranded costs to applicable classes and the corresponding design of transition charges.(8) The financing order shall provide for a structure and pricing of the transition bonds that results in the lowest transition charges consistent with market conditions.(9) The financing order shall include a mechanism requiring that transition charges be reviewed and adjusted at least annually, within 45 days of the anniversary date of the issuance of the transition bonds, to correct any overcollections or undercollections of the preceding 12 months and to ensure the expected recovery of amounts sufficient to timely provide all payments of debt service and other required amounts and charges in connection with the transition bonds.(10) The financing order shall become effective in accordance with its terms, and the financing order, together with the transition charges, shall thereafter be irrevocable and not subject to reduction, impairment, or adjustment by further action of the cooperative, river authority or the commission, except for periodic true-ups as specified in this section.(11) Findings made by the governing body of the electric cooperative or river authority under the rules and procedures described in this section shall be conclusive, subject to the provisions of subsection (c)(2) of this section.", "sourceNote": "Source Note: The provisions of this §25.265 adopted to be effective March 1, 2000, 25 TexReg 1595." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "RELATIONSHIPS WITH AFFILIATES" }, "rule": { "number": "§25.271", "label": "Foreign Utility Company Ownership by Exempt Holding Companies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167774", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certification to Securities and Exchange Commission. Upon request by a holding company which is exempt under §3 of the Public Utility Holding Company Act of 1935, codified at 15 United States Code 79, the commission may certify to the Securities and Exchange Commission (SEC) that the commission has the authority and resources to protect ratepayers and that it intends to exercise its authority over holding companies owning both a jurisdictional electric utility and a foreign utility company (FUCO) under the safe harbor provisions of subsection (c) of this section or the case-by-case review provisions of subsection (d) of this section. The commission may also notify the SEC that a previously-issued certification regarding a requesting holding company will be ineffective prospectively.(b) Policy goals. The commission will seek to protect the public interest in having electricity service available to all citizens of the state at just, fair, and reasonable rates that are unaffected by investments by exempt holding companies in foreign utility companies (FUCOs), while avoiding strictures that would place exempt holding companies at a competitive disadvantage in international markets. The commission will consider these policy goals in each decision whether to issue a certification or to notify the SEC that a previously-issued certification is prospectively withdrawn.(c) Safe harbor investments. The following safe harbor provisions apply to investments in FUCOs by exempt holding companies that are affiliated with electric utilities subject to the regulatory jurisdiction of the commission:(1) The commission must certify to the SEC that the commission has the authority and resources to protect ratepayers subject to its jurisdiction and that it intends to exercise its authority, provided that all holding companies of electric utilities that are subject to the regulatory jurisdiction of this commission must have filed with the commission corporate undertakings, signed under oath by an authorized executive officer of the holding company agreeing to adhere to the covenants and to make the filings specified in paragraph (2) of this subsection.(2) The holding company must adhere to the following covenants:(A) That any indebtedness incurred in relation to the acquisition by the holding company, or by any affiliate of the electric utility, of an ownership interest in a FUCO will be without recourse to the electric utility;(B) That the electric utility, the holding company, or any affiliate of the electric utility will not enter into any agreements under the terms of which the electric utility is obligated to commit funds in order to maintain the financial viability of a FUCO or an affiliate of the electric utility investing in a FUCO;(C) That the electric utility will not provide, directly or indirectly, any guarantees or other forms of credit support for any funds borrowed by the holding company or an affiliate of the electric utility in connection with the acquisition of any ownership interest in a FUCO;(D) That the electric utility, the holding company, or any affiliate of the electric utility will not make any investment in a FUCO under circumstances in which the electric utility would be liable for the debts and/or liabilities of the FUCO incurred as a result of acts or omissions of the FUCO;(E) That the electric utility will maintain and provide a copy to the commission of its accounting policies and procedures that assure that the electric utility is adequately and fairly compensated by the holding company or an affiliate of the electric utility for any use of the electric utility's assets or personnel in furtherance of a FUCO;(F) That the holding company provides the commission reasonable access to books and records and financial statements, or copies thereof, of the FUCO or other affiliate doing business with the FUCO, in English and stated in United States dollars, as the commission may request to:(i) review transactions between the electric utility and such FUCO or affiliate pursuant to the Public Utility Regulatory Act §14.154; and(ii) review transactions between any affiliate and the FUCO if such affiliate also has transactions directly or indirectly with the electric utility;(G) That the holding company will file with the commission quarterly a report listing the total amount of the aggregate investments by the holding company and its subsidiaries and the percentage of the holding company's consolidated net worth, from the company's most recent SEC form 10-Q, represented by such investments;(i) \"Aggregate investment\" means all amounts invested, or committed to be invested, in exempt wholesale generators located outside the United States (foreign EWGs) and FUCOs, for which there is recourse, directly or indirectly, to the holding company. Among other things, the term must include preliminary development expenses that culminate in the acquisition of a foreign EWG or a FUCO.(ii) Such report must be filed no later than ten days following the filing of the 10-Q for the quarter.(H) That in the event the holding company anticipates making any investment in a FUCO that would result in the aggregate investment as defined in subparagraph (G) of this paragraph of such holding company exceeding 30% of the consolidated net worth of such holding company, the holding company must so advise the commission before a final commitment to ownership of such FUCO is made;(I) That the electric utility will provide, by March 31 of each year, a copy of the electric utility's three-year cash flow forecast;(J) That the holding company will provide to the commission all SEC forms for reporting information related to foreign EWG and FUCO investments, no later than ten days after such forms are provided to the SEC;(K) That the holding company will promptly notify the commission whenever any of the following occurs:(i) It is unable to provide the certifications, undertakings, or documents provided for in this paragraph;(ii) The aggregate investment exceeds 30% of consolidated net worth;(iii) The holding company's operating losses attributable to its direct or indirect investments in foreign EWGs and FUCOs exceeded 5.0% of consolidated retained earnings during the previous four quarters; and(L) That the holding company will comply with the informational filing requirements of subsection (d) of this section in connection with a contemplated investment in a FUCO, unless the commission finds good cause not to require the holding company to provide such additional information.(d) Other investments. For any occasion for which a holding company has undertaken to notify the commission of an event specified in subsection (c)(2)(H) or (K) of this section, the following provisions apply:(1) The holding company must provide the following information, to the extent such information is reasonably available at the time of submission of the filing, at least 30 days before the date when it anticipates making a final commitment to ownership of a FUCO not already covered by a certification letter:(A) A description of the proposed investment, including a description of the FUCO assets being acquired, their geographical location, the form of the investment (partnership, joint venture, direct purchase, etc.), the holding company's percentage share of the investment, a description of how the investment will fit into the corporate subsidiary structure, and any other information reasonably necessary in the opinion of the holding company to provide a complete overview of the nature of the proposed investment;(B) Any financial requirements and/or commitments by the holding company or the electric utility that will be made or assumed as a result of this investment; this information should include, but is not limited to, an estimate of the amount of equity capital to be invested;(C) Any debt obligations resulting from this investment which will provide recourse to the holding company or the electric utility;(D) The holding company's general corporate objectives regarding diversification and foreign utility investments, and the specific objectives of the proposed FUCO investment;(E) A statement that the electric utility has effective written policies and accounting procedures which insure that any use by the FUCO of assets or personnel of an affiliate of the electric utility, or other transactions between the FUCO and an affiliate of the electric utility will not negatively affect Texas ratepayers; and a statement that the electric utility will demonstrate in each subsequent rate proceeding before the commission, and each subsequent audit, that no FUCO investment increased the cost of capital or revenue requirement of the electric utility;(F) A calculation, based on the holding company's most recent SEC Form 10-Q, of aggregate consolidated holding company investments as defined in subsection (c)(2)(G) of this section as a percentage of consolidated holding company net worth, stated both before and after all asset transfers from any affiliate of the electric utility to FUCOs at fair market value;(G) A statement that the holding company will provide to the commission all SEC forms for reporting information related to foreign EWG and FUCO investments, no later than ten days after such forms are provided to the SEC; and(H) Responses to questions, if any, contained on a commission prescribed form.(2) The notification prescribed in this subsection may be submitted less than 30 days before the date when the holding company anticipates making a final commitment to ownership of a FUCO not already covered by a certification letter upon a showing of good cause. Good cause for purposes of the preceding sentence must be deemed to include, without limitation, a representation that the holding company lacked the information required to make a submission at an earlier date or a representation that making the submission at an earlier date would have unreasonably jeopardized the ability of the holding company to go forward with the contemplated investment.(3) In its review of the information provided pursuant to this section, the commission will consider, among other things, the number and magnitude of prior FUCO investments by the holding company, including the diversity among the countries in which such investments are located and other differences between such investments, and the magnitude of the proposed investment and its effect on the diversity of the portfolio.(e) Post-investment reporting. The electric utility must comply with the following post-investment reporting obligations:(1) With respect to any investment in a FUCO for which an informational filing was made pursuant to subsection (d)(1) of this section, the electric utility or holding company must notify the commission no later than ten days after the holding company makes a final commitment to ownership of a FUCO that such a commitment has been made. Such notice must include any material corrections, additions, and supplementation of previously-provided information; and(2) For any FUCO investment covered by a certification, the electric utility or holding company must notify the commission no later than 30 days after any material change in the circumstances or nature of an investment in a FUCO. Such notice must include all appropriate corrections, additions, and supplementation of previously-provided information. A material change would include, but is not limited to, any change that would have an adverse impact of greater than 1.0% of consolidated net worth most recently reported; full or partial divestiture of the investment; a catastrophic event that destroys a significant amount of FUCO property or results in loss of life that could result in a significant liability claim; a change in the laws or government policy having a material impact on the FUCO; or an event which would place a significant restriction on the repatriation of earnings of the FUCO.(3) Unless included in SEC reports, each exempt utility holding company which directly or indirectly holds an interest in FUCOs or foreign EWGs must provide the following information: A consolidating statement of income of the exempt holding company and its subsidiary companies for the last calendar year, together with a consolidating balance sheet of the exempt holding company and its subsidiary companies as of the close of such calendar year.(A) The information must be provided in English, monetary amounts in U.S. dollars, and according to generally accepted accounting principles.(B) Such information must be received by the commission annually no later than March 15.(f) Commission standards for granting or maintaining certification.(1) In general, the commission will issue and continue certification when the aggregate investment in FUCOs and foreign EWGs is less than 30% of the holding company's consolidated net worth, and the company has satisfactorily provided the information and assurances set out in the preceding subsections.(2) With respect to any investment in a FUCO for which an informational filing was made pursuant to subsection (d)(1) of this section, the commission must determine on a case-by-case basis whether to issue a certification to the SEC or maintain a previously issued certification. The commission must endeavor to make such a determination prior to the date when the holding company anticipates having to make a final commitment to ownership of the FUCO. If the commission determines that it does not intend to continue certification, it may inform the SEC that maintaining a previously-issued certification would be inappropriate.(3) The commission must notify the holding company requesting the certification or retention of certification of its decision within 45 days of receiving the request. If no action is taken by the commission within 45 days of receiving the request, the certification is deemed granted or affirmed.(4) Any information submitted by a holding company pursuant to this section may be submitted by the holding company under seal. Each page tendered under seal must have the words \"Confidential Information\" typed or stamped on its face. The holding company must clearly identify each portion of the application alleged to be Confidential Information; identify the exemption to the Public Information Act, Texas Government Code Annotated, Chapter 552 (Vernon Supp. 1998), applicable to the alleged Confidential Information; and provide a detailed explanation of why the alleged Confidential Information is exempt from public disclosure under the Public Information Act. If the commission receives a Public Information Act request for disclosure of Confidential Information, then the Executive Director must promptly so notify the holding company. The Executive Director must timely request an Attorney General's opinion as to whether the information falls within any of the exemptions identified in Subchapter C of the Public Information Act. The Executive Director must promptly provide to the holding company a copy of an Attorney General opinion regarding the claim of confidentiality. If an Attorney General opinion recommends disclosure of Confidential Information, either in whole or in part, then the Executive Director must not release such information for ten calendar days, in order to allow the holding company time to pursue any legal remedies that it may have. The holding company may require the execution of an appropriate confidentiality agreement prior to providing access to such confidential information to commission staff or any other interested party. The form of any such confidentiality agreement must be approved by commission staff legal counsel prior to filing and included with the informational filing.", "sourceNote": "Source Note: The provisions of this §25.271 adopted to be effective April 15, 1999, 24 TexReg 2926; amended to be effective July 19, 2023, 48 TexReg 3900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167774", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "RELATIONSHIPS WITH AFFILIATES" }, "rule": { "number": "§25.272", "label": "Code of Conduct for Electric Utilities and Their Affiliates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=70702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "70702", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section establish safeguards to govern the interaction between utilities and their affiliates, both during the transition to and after the introduction of competition, to avoid potential market-power abuses and cross-subsidization between regulated and unregulated activities.(b) Application.(1) General application. This section applies to:(A) electric utilities operating in the State of Texas as defined in the Public Utility Regulatory Act (PURA) §31.002(6), and transactions or activities between electric utilities and their affiliates, as defined in PURA §11.003(2); and(B) transmission and distribution utilities operating in a qualifying power region in the State of Texas as defined in PURA §31.002(19) upon commission certification of a qualifying power region pursuant to PURA §39.152, and transactions or activities between transmission and distribution utilities and their affiliates, as defined in PURA §11.003(2).(2) No circumvention of the code of conduct. An electric utility, transmission and distribution utility, or competitive affiliate shall not circumvent the provisions or the intent of PURA §39.157 or any rules implementing that section by using any affiliate to provide information, services, products, or subsidies between a competitive affiliate and an electric utility or a transmission and distribution utility.(3) Notice of conflict and/or petition for waiver. Nothing in this section is intended to affect or modify the obligation or duties relating to any rules or standards of conduct that may apply to a utility or the utility's affiliates under orders or regulations of the Federal Energy Regulatory Commission (FERC) or the Securities and Exchange Commission (SEC). A utility shall file with the commission a notice of any provision in this section that conflict with FERC or SEC orders or regulations. A utility that is subject to statutes or regulations in any state that conflict with a provision of this section may petition the commission for a waiver of the conflicting provision on a showing of good cause.(c) Definitions. The following words and terms when used in this section shall have the following meaning unless the context clearly indicates otherwise:(1) Arm's length transaction--The standard of conduct under which unrelated parties, each acting in its own best interest, would carry out a particular transaction. Applied to related parties, a transaction is at arm's length if the transaction could have been made on the same terms to a disinterested third party in a bargained transaction.(2) Competitive affiliate--An affiliate of a utility that provides services or sells products in a competitive energy-related market in this state, including telecommunications services, to the extent those services are energy-related.(3) Confidential information--Any information not intended for public disclosure and considered to be confidential or proprietary by persons privy to such information. Confidential information includes but is not limited to information relating to the interconnection of customers to a utility's transmission or distribution systems, proprietary customer information, trade secrets, competitive information relating to internal manufacturing processes, and information about a utility's transmission or distribution system, operations, or plans for expansion.(4) Corporate support services--Services shared by a utility, its parent holding company, or a separate affiliate created to perform corporate support services, with its affiliates of joint corporate oversight, governance, support systems, and personnel. Examples of services that may be shared, to the extent the services comply with the requirements prescribed by PURA §39.157(d) and (g) and rules implementing those requirements, include human resources, procurement, information technology, regulatory services, administrative services, real estate services, legal services, accounting, environmental services, research and development unrelated to marketing activity and/or business development for the competitive affiliate regarding its services and products, internal audit, community relations, corporate communications, financial services, financial planning and management support, corporate services, corporate secretary, lobbying, and corporate planning. Examples of services that may not be shared include engineering, purchasing of electric transmission facilities and service, transmission and distribution system operations, and marketing, unless such services are provided by a utility, or a separate affiliate created to perform such services, exclusively to affiliated regulated utilities and only for provision of regulated utility services.(5) Proprietary customer information--Any information compiled by an electric utility on a customer in the normal course of providing electric service that makes possible the identification of any individual customer by matching such information with the customer's name, address, account number, type or classification of service, historical electricity usage, expected patterns of use, types of facilities used in providing service, individual contract terms and conditions, price, current charges, billing records, or any other information that the customer has expressly requested not be disclosed. Information that is redacted or organized in such a way as to make it impossible to identify the customer to whom the information relates does not constitute proprietary customer information.(6) Similarly situated--The standard for determining whether a non-affiliate is entitled to the same benefit a utility offers, or grants upon request, to its competitive affiliate for any product or service. For purposes of this section, all non-affiliates serving or proposing to serve the same market as a utility's competitive affiliate are similarly situated to the utility's competitive affiliate.(7) Transaction--Any interaction between a utility and its affiliate in which a service, good, asset, product, property, right, or other item is transferred or received by either a utility or its affiliate.(8) Utility--An electric utility as defined in PURA §31.002(6) or a transmission and distribution utility as defined in PURA §31.002(19). For purposes of this section, a utility does not include a river authority operating a steam generating plant on or before January 1, 1999, or a corporation authorized by Chapter 245, Acts of the 67th Legislature, Regular Session, 1981 (Article 717 p, Vernon's Texas Civil Statutes). In addition, with respect to a holding company exempt under the Public Utility Holding Company Act (PUHCA) §3(a)(2), the term \"utility,\" as used in this section, means the division or business unit through which the holding company conducts utility operations and not the holding company as a legal entity.(d) Separation of a utility from its affiliates.(1) Separate and independent entities. A utility shall be a separate, independent entity from any competitive affiliate.(2) Sharing of employees, facilities, or other resources. Except as otherwise allowed in paragraph (3), (4), (5), or (7) of this subsection, a utility shall not share employees, facilities, or other resources with its competitive affiliates unless the utility can prove to the commission prior to such sharing that the sharing will not compromise the public interest. Such sharing may be allowed if the utility implements adequate safeguards precluding employees of a competitive affiliate from gaining access to information in a manner that would allow or provide a means to transfer confidential information from a utility to an affiliate, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidization of affiliates.(3) Sharing officers and directors, property, equipment, computer systems, information systems, and corporate services. A utility and a competitive affiliate may share common officers and directors, property, equipment, computer systems, information systems and corporate support services, if the utility implements safeguards that the commission determines are adequate to preclude employees of a competitive affiliate from gaining access to information in a manner that would allow or provide a means to transfer confidential information from a utility to an affiliate, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidization of affiliates(4) Employee transfers and temporary assignments. A utility shall not assign, for less than one year, utility employees engaged in transmission or distribution system operations to a competitive affiliate unless the employee does not have knowledge of confidential information. Utility employees engaged in transmission or distribution system operations, including persons employed by a service company affiliated with the utility who are engaged in transmission system operations on a day-to-day basis or have knowledge of transmission or distribution system operations and are transferred to a competitive affiliate, shall not remove or otherwise provide or use confidential property or information gained from the utility or affiliated service company in a discriminatory or exclusive fashion, to the benefit of the competitive affiliate or to the detriment of non-affiliated electric suppliers. Movement of an employee engaged in transmission or distribution system operations, including a person employed by a service company affiliated with the utility who is engaged in transmission or distribution system operations on a day-to-day basis or has knowledge of transmission or distribution system operations from a utility to a competitive affiliate or vice versa, may be accomplished through either the employee's termination of employment with one company and acceptance of employment with the other, or a transfer to another company, as long as the transfer of an employee from the utility to an affiliate results in the utility bearing no ongoing costs associated with that employee. Transferring employees shall sign a statement indicating that they are aware of and understand the restrictions and penalties set forth in this section. The utility also shall post a conspicuous notice of such a transfer on its Internet site or other public electronic bulletin board within 24 hours and for at least 30 consecutive calendar days. The exception to this provision is that employees may be temporarily assigned to an affiliate or non-affiliated utility to assist in restoring power in the event of a major service interruption or assist in resolving emergency situations affecting system reliability. Consistent with §25.84(h) of this title (relating to Reporting of Affiliate Transactions for Electric Utilities), however, within 30 days of such a deviation from the code of conduct, the utility shall report this information to the commission and shall conspicuously post the information on its Internet site or other public electronic bulletin board for 30 consecutive calendar days.(5) Sharing of office space. A utility's office space shall be physically separate from that of its competitive affiliates, where physical separation is accomplished by having office space in separate buildings or, if within the same building, by a method such as having offices on separate floors or with separate access, unless otherwise approved by the commission.(6) Separate books and records. A utility and its affiliates shall keep separate books of accounts and records, and the commission may review records relating to a transaction between a utility and an affiliate.(A) In accordance with generally accepted accounting principles or state and federal guidelines, as appropriate, a utility shall record all transactions with its affiliates, whether they involve direct or indirect expenses.(B) A utility shall prepare financial statements that are not consolidated with those of its affiliates.(C) A utility and its affiliates shall maintain sufficient records to allow for an audit of the transactions between the utility and its affiliates. At any time, the commission may, at its discretion, require a utility to initiate, at the utility's expense, an audit of transactions between the utility and its affiliates performed by an independent third party.(7) Limited credit support by a utility. A utility may share credit, investment, or financing arrangements with its competitive affiliates if it complies with subparagraphs (A) and (B) of this paragraph.(A) The utility shall implement adequate safeguards precluding employees of a competitive affiliate from gaining access to information in a manner that would allow or provide a means to transfer confidential information from a utility to an affiliate, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidization of affiliates.(B) The utility shall not allow an affiliate to obtain credit under any arrangement that would include a specific pledge of any assets in the rate base of the utility or a pledge of cash reasonably necessary for utility operations. This subsection does not affect a utility's obligations under other law or regulations, such as the obligations of a public utility holding company under §25.271(c)(2) of this title (relating to Foreign Utility Company Ownership by Exempt Holding Companies).(e) Transactions between a utility and its affiliates.(1) Transactions with all affiliates. A utility shall not subsidize the business activities of any affiliate with revenues from a regulated service. In accordance with PURA and the commission's rules, a utility and its affiliates shall fully allocate costs for any shared services, including corporate support services, offices, employees, property, equipment, computer systems, information systems, and any other shared assets, services, or products.(A) Sale of products or services by a utility. Unless otherwise approved by the commission and except for corporate support services, any sale of a product or service by a utility shall be governed by a tariff approved by the commission. Products and services shall be made available to any third party entity on the same terms and conditions as the utility makes those products and services available to its affiliates.(B) Purchase of products, services, or assets by a utility from its affiliate. Products, services, and assets shall be priced at levels that are fair and reasonable to the customers of the utility and that reflect the market value of the product, service, or asset.(C) Transfers of assets. Except for asset transfers implementing unbundling pursuant to PURA §39.051, asset valuation in accordance with PURA §39.262, and transfers of property pursuant to a financing order issued under PURA, Chapter 39, Subchapter G, assets transferred from a utility to its affiliates shall be priced at levels that are fair and reasonable to the customers of the utility and that reflect the market value of the assets or the utility's fully allocated cost to provide those assets.(D) Transfer of assets implementing restructuring legislation. The transfer from a utility to an affiliate of assets implementing unbundling pursuant to PURA §39.051, asset valuation in accordance with PURA §39.262, and transfers of property pursuant to a financing order issued under PURA, Chapter 39, Subchapter G will be reviewed by the commission pursuant to the applicable provisions of PURA, and any rules implementing those provisions.(2) Transactions with competitive affiliates. Unless otherwise allowed in this subsection, transactions between a utility and its competitive affiliates shall be at arm's length. A utility shall maintain a contemporaneous written record of all transactions with its competitive affiliates, except those involving corporate support services and those transactions governed by tariffs. Such records, which shall include the date of the transaction, name of affiliate involved, name of a utility employee knowledgeable about the transaction, and a description of the transaction, shall be maintained by the utility for three years. In addition to the requirements specified in paragraph (1) of this subsection, the following provisions apply to transactions between utilities and their competitive affiliates.(A) Provision of corporate support services. A utility may engage in transactions directly related to the provision of corporate support services with its competitive affiliates. Such provision of corporate support services shall not allow or provide a means for the transfer of confidential information from the utility to the competitive affiliate, create the opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidization of the competitive affiliate.(B) Purchase of products or services by a utility from its competitive affiliate. Except for corporate support services, a utility may not enter into a transaction to purchase a product or service from a competitive affiliate that has a per unit value of $75,000 or more, or a total value of $1 million or more, unless the transaction is the result of a fair, competitive bidding process formalized in a contract subject to the provisions of §25.273 of this title (relating to Contracts Between Electric Utilities and Their Competitive Affiliates).(C) Transfers of assets. Except for asset transfers facilitating unbundling pursuant to PURA §39.051, asset valuation in accordance with PURA §39.262, and transfers of property pursuant to a financing order issued under PURA, Chapter 39, Subchapter G, any transfer from a utility to its competitive affiliates of assets with a per unit value of $75,000 or more, or a total value of $1 million or more, must be the result of a fair, competitive bidding process formalized in a contract subject to the provisions of §25.273 of this title.(f) Safeguards relating to provision of products and services.(1) Products and services available on a non-discriminatory basis. If a utility makes a product or service, other than corporate support services, available to a competitive affiliate, it shall make the same product or service available, contemporaneously and in the same manner, to all similarly situated entities, and it shall apply its tariffs, prices, terms, conditions, and discounts for those products and services in the same manner to all similarly situated entities. A utility shall process all requests for a product or service from competitive affiliates or similarly situated non-affiliated entities on a non-discriminatory basis. If a utility's tariff allows for discretion in its application, the utility shall apply that provision in the same manner to its competitive affiliates and similarly situated non-affiliates, as well as to their respective customers. If a utility's tariff allows no discretion in its application, the utility shall strictly apply the tariff. A utility shall not use customer-specific contracts to circumvent these requirements, nor create a product or service arrangement with its competitive affiliate that is so unique that no competitor could be similarly situated to utilize the product or service.(2) Discounts, rebates, fee waivers, or alternative tariff terms and conditions. If a utility offers its competitive affiliate or grants a request from its competitive affiliate for a discount, rebate, fee waiver, or alternative tariff terms and conditions for any product or service, it must make the same benefit contemporaneously available, on a non-discriminatory basis, to all similarly situated non-affiliates. The utility shall post a conspicuous notice on its Internet site or public electronic bulletin board for at least 30 consecutive calendar days providing the following information: the name of the competitive affiliate involved in the transaction; the rate charged; the normal rate or tariff condition; the period for which the benefit applies; the quantities and the delivery points involved in the transaction (if any); any conditions or requirements applicable to the benefit; documentation of any cost differential underlying the benefit; and the procedures by which non-affiliates may obtain the same benefit. The utility shall maintain records of such information for a minimum of three years, and shall make such records available for third party review within 72 hours of a written request, or at a time mutually agreeable to the utility and the third party. A utility shall not create any arrangement with its competitive affiliate that is so unique that no competitor could be similarly situated to benefit from the discount, rebate, fee waiver, or alternative tariff terms and conditions.(3) Tying arrangements prohibited. Unless otherwise allowed by the commission through a rule or tariff prior to a utility's unbundling pursuant to PURA §39.051, a utility shall not condition the provision of any product, service, pricing benefit, or alternative terms or conditions upon the purchase of any other good or service from the utility or its competitive affiliate.(g) Information safeguards.(1) Proprietary customer information. A utility shall provide a customer with the customer's proprietary customer information, upon request by the customer. Unless a utility obtains prior affirmative written consent or other verifiable authorization from the customer as determined by the commission, or unless otherwise permitted under this subsection, it shall not release any proprietary customer information to a competitive affiliate or any other entity, other than the customer, an independent organization as defined by PURA §39.151, or a provider of corporate support services for the sole purpose of providing corporate support services in accordance with subsection (e)(2)(A) of this section. The utility shall maintain records that include the date, time, and nature of information released when it releases customer proprietary information to another entity in accordance with this paragraph. The utility shall maintain records of such information for a minimum of three years, and shall make the records available for third party review within 72 hours of a written request, or at a time mutually agreeable to the utility and the third party. When the third party requesting review of the records is not the customer, commission, or Office of Public Utility Counsel, the records may be redacted in such a way as to protect the customer's identity. If proprietary customer information is released to an independent organization or a provider of corporate support services, the independent organization or entity providing corporate support services is subject to the rules in this subsection with respect to releasing the information to other persons.(A) Exception for law, regulation, or legal process. A utility may release proprietary customer information to another entity without customer authorization where authorized or requested to do so by the commission or where required to do so by law, regulation, or legal process.(B) Exception for release to governmental entity. A utility may release proprietary customer information without customer authorization to a federal, state, or local governmental entity or in connection with a court or administrative proceeding involving the customer or the utility; provided, however, that the utility shall take all reasonable actions to protect the confidentiality of such information, including, but not limited to, providing such information under a confidentiality agreement or protective order, and shall also promptly notify the affected customer in writing that such information has been requested.(C) Exception to facilitate transition to customer choice. In order to facilitate the transition to customer choice, a utility may release proprietary customer information to its affiliated retail electric provider or providers of last resort without authorization of those customers only during a period prescribed by the commission.(D) Exception for release to providers of last resort. On or after January 1, 2002, a utility may provide proprietary customer information to a provider of last resort without customer authorization for the purpose of serving customers who have been switched to the provider of last resort.(E) Exception for release to State of Texas' Division of Emergency Management. Beginning January 1, 2011, a utility may provide proprietary customer information to the State of Texas' Division of Emergency Management, upon that agency's request for purposes of identifying the customer as a critical care residential customer pursuant to §25.497 of this title (relating to Critical Load Industrial Customers, Critical Load Public Safety Customers, Critical Care Residential Customers, and Chronic Condition Residential Customers).(2) Nondiscriminatory availability of aggregate customer information. A utility may aggregate non-proprietary customer information, including, but not limited to, information about a utility's energy purchases, sales, or operations or about a utility's energy-related goods or services. However, except in circumstances solely involving the provision of corporate support services in accordance with subsection (e)(2)(A) of this section, a utility shall aggregate non-proprietary customer information for a competitive affiliate only if the utility makes such aggregation service available to all non-affiliates under the same terms and conditions and at the same price as it is made available to any of its affiliates. In addition, no later than 24 hours prior to a utility's provision to its competitive affiliate of aggregate customer information, the utility shall post a conspicuous notice on its Internet site or other public electronic bulletin board for at least 30 consecutive calendar days, providing the following information: the name of the competitive affiliate to which the information will be provided, the rate charged for the information, a meaningful description of the information provided, and the procedures by which non-affiliates may obtain the same information under the same terms and conditions. The utility shall maintain records of such information for a minimum of three years, and shall make such records available for third party review within 72 hours of a written request, or at a time mutually agreeable to the utility and the third party.(3) No preferential access to transmission and distribution information. A utility shall not allow preferential access by its competitive affiliates to information about its transmission and distribution systems.(4) Other limitations on information disclosure. Nothing in this rule is intended to alter the specific limitations on disclosure of confidential information in the Texas Utilities Code, the Texas Government Code, Chapter 552, or the commission's substantive and procedural rules.(5) Other information. Except as otherwise allowed in this subsection, a utility shall not share information, except for information required to perform allowed corporate support services, with competitive affiliates unless the utility can prove to the commission that the sharing will not compromise the public interest prior to any such sharing. Information that is publicly available, or that is unrelated in any way to utility activities, may be shared.(h) Safeguards relating to joint marketing and advertising.(1) Joint marketing, advertising, and promotional activities.(A) A utility shall not:(i) provide or acquire leads on behalf of its competitive affiliates;(ii) solicit business or acquire information on behalf of any of its competitive affiliates;(iii) give the appearance of speaking or acting on behalf of any of its competitive affiliates;(iv) share market analysis reports or other proprietary or non-publicly available reports, with its competitive affiliates;(v) represent to customers or potential customers that it can offer competitive retail services bundled with its tariffed services; or(vi) request authorization from its customers to pass on information exclusively to its competitive affiliate.(B) A utility shall not engage in joint marketing, advertising, or promotional activities of its products or services with those of a competitive affiliate in a manner that favors the affiliate. Such joint marketing, advertising, or promotional activities include, but are not limited to, the following activities:(i) acting or appearing to act on behalf of a competitive affiliate in any communications and contacts with any existing or potential customers;(ii) joint sales calls;(iii) joint proposals, either as requests for proposals or responses to requests for proposals:(iv) joint promotional communications or correspondence, except that a utility may allow a competitive affiliate access to customer bill advertising inserts according to the terms of a commission-approved tariff so long as access to such inserts is made available on the same terms and conditions to non-affiliates offering similar services as the competitive affiliate that uses bill inserts;(v) joint presentation at trade shows, conferences, or other marketing events within the State of Texas; and(vi) providing links between any of a utility's websites and social media platforms, and any of the websites and social media platforms of its competitive affiliates.(C) At a customer's unsolicited request, a utility may participate in meetings with a competitive affiliate to discuss technical or operational subjects regarding the utility's provision of transmission or distribution services to the customer, but only in the same manner and to the same extent the utility participates in such meetings with unaffiliated electric or energy services suppliers and their customers. The utility shall not listen to, view, or otherwise participate in any way in a sales discussion between a customer and a competitive affiliate or an unaffiliated electric or energy services supplier.(2) Requests for specific competitive affiliate information. If a customer or potential customer makes an unsolicited request to a utility for information specifically about any of its competitive affiliates, the utility may refer the customer or potential customer to the competitive affiliate for more information. Under this paragraph, the only information that a utility may provide to the customer or potential customer is the competitive affiliate's address and telephone number. The utility shall not transfer the customer directly to the competitive affiliate's customer service office via telephone or provide any other electronic link whereby the customer could contact the competitive affiliate through the utility. When providing the customer or potential customer information about the competitive affiliate, the utility shall not promote its competitive affiliate's products or services, nor shall it offer the customer or potential customer any opinion regarding the service of the competitive affiliate or any other service provider.(3) Requests for general information about products or services offered by competitive affiliates and their competitors. If a customer or potential customer request general information from a utility about products or services provided by its competitive affiliate or its affiliate's competitors, the utility shall not promote its competitive affiliate or its affiliate's products or services, nor shall the utility offer the customer or potential customer any opinion regarding the service of the competitive affiliate or any other service provider. The utility may direct the customer or potential customer to a telephone directory or to the commission, or provide the customer with a recent list of suppliers developed and maintained by the commission, but the utility may not refer the customer or potential customer to the competitive affiliate except as provided for in paragraph (2) of this subsection.(i) Remedies and enforcement.(1) Internal codes of conduct for the transition period. During the transition to competition, including the period prior to and during utility unbundling pursuant to PURA §39.051, each utility shall implement an internal code of conduct consistent with the spirit and intent of PURA §39.157(d) and with the provisions of this section. Such internal codes of conduct are subject to commission review and approval in the context of a utility's unbundling plan submitted pursuant to PURA §39.051(e); however, such internal codes of conduct shall take effect, on an interim basis, on January 10, 2000. The internal codes of conduct shall be developed in good faith by the utility based on the extent to which its affiliate relationships are known by January 10, 2000, and then updated as necessary to ensure compliance with PURA and commission rules. A utility exempt from PURA Chapter 39 pursuant to PURA §39.102(c) shall adopt an internal code of conduct that is consistent with its continued provision of bundled utility service during the period of its exemption.(2) Ensuring compliance for new affiliates. A utility and a new affiliate are bound by the code of conduct immediately upon creation of the new affiliate. Upon the creation of a new affiliate, the utility shall immediately post a conspicuous notice of the new affiliate on its Internet site or other public electronic bulletin board for at least 30 consecutive calendar days. Within 30 days of creation of the new affiliate, the utility shall file an update to its internal code of conduct and compliance plan, including all changes due to the addition of the new affiliate. The utility shall ensure that any interaction with the new affiliate is in compliance with this section.(3) Compliance Audits. No later than one year after the utility has unbundled pursuant to PURA §39.051, or acquires a competitive affiliate, and, at a minimum, every third year thereafter, the utility shall have an audit prepared by independent auditors that verifies that the utility is in compliance with this section. For a utility that has no competitive affiliates, the audit may consist solely of an affidavit stating that the utility has no competitive affiliates. The utility shall file the results of each said audit with the commission within one month of the audit's completion. The cost of the audits shall not be charged to utility ratepayers.(4) Informal complaint procedure. A utility shall establish and file with the commission a complaint procedure for addressing alleged violations of this section. This procedure shall contain a mechanism whereby all complaints shall be placed in writing and shall be referred to a designated officer of the utility. All complaints shall contain the name of the complainant and a detailed factual report of the complaint, including all relevant dates, companies involved, employees involved, and the specific claim. The designated officer shall acknowledge receipt of the complaint in writing within five working days of receipt. The designated officer shall provide a written report communicating the results of the preliminary investigation to the complainant within thirty days after receipt of the complaint, including a description of any course of action that will be taken. In the event the utility and the complainant are unable to resolve the complaint, the complainant may file a formal complaint with the commission. The utility shall notify the complainant of his or her right to file a formal complaint with the commission, and shall provide the complainant with the commission's address and telephone number. The utility and the complainant shall make a good faith effort to resolve the complaint on an informal basis as promptly as practicable. The informal complaint process shall not be a prerequisite for filing a formal complaint with the commission, and the commission may, at any time, institute a complaint against a utility on its own motion.(5) Enforcement by the commission. A violation or series or set of violations of this section that materially impairs, or is reasonably likely to materially impair, the ability of a person to compete in a competitive market shall be deemed an abuse of market power.(A) In addition to other methods that may be available, the commission may enforce the provisions of this rule by:(i) seeking an injunction or civil penalties to eliminate or remedy the violation or series or set of violations;(ii) suspending, revoking, or amending a certificate or registration as authorized by PURA §39.356; or(iii) pursuing administrative penalties under PURA, Chapter 15, Subchapter B.(B) The imposition of one penalty under this section does not preclude the imposition of other penalties as appropriate for the violation or series or set of violations.(C) In assessing penalties, the commission shall consider the following factors:(i) the utility's prior history of violations;(ii) the utility's efforts to comply with the commission's rules, including the extent to which the utility has adequately and physically separated its office, communications, accounting systems, information systems, lines of authority, and operations from its affiliates, and efforts to enforce these rules;(iii) the nature and degree of economic benefit gained by the utility's competitive affiliate;(iv) the damages or potential damages resulting from the violation or series or set of violations;(v) the size of the business of the competitive affiliate involved;(vi) the penalty's likely deterrence of future violations; and(vii) such other factors deemed appropriate and material to the particular circumstances of the violation or series or set of violations.(6) No immunity from antitrust enforcement. Nothing in these affiliate rules shall confer immunity from state or federal antitrust laws. Sanctions imposed by the commission for violations of this rule do not affect or preempt antitrust liability, but rather are in addition to any antitrust liability that may apply to the anti-competitive activity. Therefore, antitrust remedies also may be sought in federal or state court to cure anti-competitive activities.(7) No immunity from civil relief. Nothing in these affiliate rules shall preclude any form of civil relief that may be available under federal or state law, including, but not limited to, filing a complaint with the commission consistent with this subsection.(8) Preemption. This rule supersedes any procedures or protocols adopted by an independent organization as defined by PURA §39.151, or similar entity, that conflict with the provisions of this rule.", "sourceNote": "Source Note: The provisions of this §25.272 adopted to be effective December 20, 1999, 24 TexReg 11274; amended to be effective January 9, 2011, 35 TexReg 11858; amended to be effective June 26, 2014, 39 TexReg 4753." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=70702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "70702", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "RELATIONSHIPS WITH AFFILIATES" }, "rule": { "number": "§25.273", "label": "Contracts Between Electric Utilities and Their Competitive Affiliates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86067", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the requirements for the implementation of contracts between utilities and their competitive affiliates resulting from a fair, competitive bidding process.(b) Application.(1) General application. This section applies to:(A) electric utilities operating in the State of Texas as defined in the Public Utility Regulatory Act (PURA) §31.002(6), and transactions or activities between electric utilities and their affiliates, as defined in PURA §11.003(2); and(B) transmission and distribution utilities operating in a qualifying power region in the State of Texas as defined in PURA §31.002(19) upon commission certification of a qualifying power region pursuant to PURA §39.152, and transactions or activities between transmission and distribution utilities and their affiliates, as defined in PURA §11.003(2).(2) No circumvention of the code of conduct. An electric utility, transmission and distribution utility, or competitive affiliate shall not circumvent the provisions or the intent of PURA §39.157 or any rules implementing that section by using any affiliate to provide information, services, products, or subsidies between the electric utility, transmission and distribution utility, and a competitive affiliate.(3) Notice of conflicts and/or petition for waiver. Nothing in this section is intended to affect or modify the obligation or duties relating to any rules or standards of conduct that may apply to a utility or the utility's affiliates under orders or regulations of the Federal Energy Regulatory Commission (FERC) or the Securities and Exchange Commission (SEC). A utility shall file with the commission a notice of any provision in this section that conflicts with FERC or SEC orders or regulations. A utility that is subject to statutes or regulations in any state that conflict with a provision of this section may petition the commission for a waiver of the conflicting provision on a showing of good cause.(c) Definitions. Any terms defined in §25.272 of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates) have the same meanings herein.(d) Competitive bidding required. A utility shall conduct competitive bidding, as required by §25.272 of this title, to procure products and services, other than corporate support services, that are offered by an competitive affiliate or to sell to any competitive affiliate assets that have a per unit value of more than $75,000, or a total value of more than $1 million. This section does not apply to transfers that facilitate unbundling under PURA §39.051 or asset valuation under PURA §39.262.(1) Notice. The utility shall provide reasonable notice of any request for proposals required pursuant to this section. Such notice shall include:(A) notice by publication in trade journals or newspapers as appropriate;(B) notice by mail to persons who previously requested to be notified of the request for proposals; and(C) conspicuous notice on the utility's Internet site or other public electronic bulletin board.(2) Independent evaluator. The utility shall use an independent evaluator when a competitive affiliate's bid is included among the bids to be evaluated. If an independent evaluator is required, the utility shall maintain a record of communications with the independent evaluator. The independent evaluator shall identify in writing the bids that are most advantageous and warrant negotiation and contract execution, in accordance with the criteria set forth in the request for proposals. The utility retains responsibility for final selection of products or services.(3) Competitive bidding procedures. The utility shall make a request for proposals available to interested persons by conspicuously posting the request on its Internet site or other public electronic bulletin board.(A) The request for proposals must clearly set forth the eligibility and selection criteria and shall specify the weight to be given to any non-cost selection criteria.(B) The utility shall strictly enforce the criteria specified in the request for proposals.(4) Evaluation of bids. The utility or independent evaluator, as appropriate, shall evaluate each bid submitted in accordance with the criteria specified in the request for proposals. The utility or independent evaluator may not give preferential treatment or consideration to any bid.(5) Rejection of bids. The utility is not required to accept a bid and may reject any or all bids in accordance with the selection criteria specified in the request for proposals.(e) Contracts. A utility shall file with the commission a signed copy of any contracts entered into with a competitive affiliate as the result of the fair, competitive bidding process described in this section. A contract shall include, at a minimum, the following provisions:(1) the effective date of the agreement and parties to the agreement;(2) the term of the agreement;(3) a narrative describing the products or services provided to the utility, including a list by specific service of all the affiliated companies who provide or receive these services, or a narrative describing the assets being sold by the utility to the competitive affiliate;(4) the obligations of the parties;(5) the price for those products, services, or assets governed by the contract; and(6) billing and payment procedures.", "sourceNote": "Source Note: The provisions of this §25.273 adopted to be effective December 20, 1999, 24 TexReg 11274." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86067", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "K", "label": "RELATIONSHIPS WITH AFFILIATES" }, "rule": { "number": "§25.275", "label": "Code of Conduct for Municipally Owned Utilities and Electric Cooperatives Engaged in Competitive Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. To protect against anticompetitive practices, consistent with the provisions of the Public Utility Regulatory Act (PURA) §39.157(e) and Chapters 40 and 41, the provisions of this section establish safeguards to govern the interaction between the transmission and distribution business unit (TDBU), as defined in subsection (c) of this section, of a municipally owned utility (MOU) or electric cooperative (COOP) and its competitive affiliates, and establish specific anticompetitive standards to apply to the activities of Bundled MOU/COOPS, as defined in subsection (c) of this section. It is intended by this section that no MOU/COOP subject to this section shall engage in the following anticompetitive practices:(1) Subsidize competitive activities directly or indirectly through rates charged for the provision of electric service;(2) Allow discriminatory access to transmission and distribution products and services;(3) Allow preferential access to transmission and distribution-related information;(4) Allow unauthorized access to confidential customer information; and(5) Allow employees performing transmission and distribution functions to provide leads to or promote the products of competitive affiliates or any persons providing competitive energy-related activities on behalf of a Bundled MOU/COOP.(b) Application.(1) General application. This section applies to the TDBU of a municipally owned utility or an electric cooperative (collectively referred to as MOU/COOP) operating in the State of Texas, and the transactions or activities between the TDBU and its competitive affiliates, and to an MOU/COOP that is conducting the activities of a TDBU and of a competitive affiliate on a bundled basis, provided that each of the following conditions is met:(A) The MOU/COOP has chosen to participate in customer choice pursuant to PURA §40.051(b) or PURA §41.051(b).(B) The competitive affiliate of an MOU/COOP or a Bundled MOU/COOP is providing electric energy at retail to consumers in Texas outside its certificated retail service area. For the purposes of this section, an MOU/COOP shall not be considered to be providing electric energy to retail consumers outside its certificated retail service area if:(i) the MOU/COOP was serving the area prior to the date of customer choice;(ii) after receiving notice that the MOU/COOP or its affiliate is selling electric energy at retail outside its retail service area, which identifies the service location, the MOU/COOP or its affiliate promptly investigates and thereafter takes reasonable steps to cease the provision of service outside its service area as soon as reasonably practicable; or(iii) there is a dispute concerning the service area boundary and no commission order resolving the dispute has become final or the commission's order is subject to appeal.(2) Effect of unbundling on application. Pursuant to PURA §40.055 and §41.055 it is the discretion of the governing body of the MOU/COOP to determine whether to unbundle any energy-related activities, and whether to do so structurally or functionally. The MOU/COOP shall file with the commission, in conjunction with the filing required by subsections (n)(1)(A) or (o)(3)(A) of this section, a written declaration of whether it chooses to structurally or functionally unbundle or whether it will provide services in a competitive market on a bundled basis. The written declaration may be amended from time to time but no amendment shall be effective before it is filed with the commission. The MOU/COOP shall comply with this section as follows:(A) A structurally or functionally unbundled MOU/COOP shall comply with the provisions of this subsection, as applicable to entities of its size. Subsection (o) of this section is not applicable to a functionally or structurally unbundled MOU/COOP.(B) A Bundled MOU/COOP shall comply with the requirements of paragraphs (5) and (7)-(9) of this subsection, subsection (n)(2)-(10), and subsection (o) of this section.(3) Small TDBU. A small unbundled TDBU is subject to the following provisions of this section only:(A) paragraphs (1) and (5)-(9) of this subsection, application;(B) subsection (i)(4) of this section, separate books and records;(C) subsection (j)(1) of this section, transactions with competitive affiliates; however, transactions provided for under subsection (j)(1) of this section shall be conducted at pricing levels that are fair and reasonable to the customers of the small TDBU and that reflect not less than the book value of the assets and the cost of employee time determined on the basis of aggregate percentage of time devoted by the employee to the competitive function or transmission and distribution function and do not include any discounts, rebates, fee waivers or alternative tariff terms and conditions;(D) subsection (k)(1) of this section, tying arrangements prohibited;(E) subsection (k)(2) of this section, products and services available on a non-discriminatory basis; and(F) subsection (n) of this section, remedies and enforcement.(4) Mid-size TDBU. A mid-size unbundled TDBU is subject to the following provisions of this section only:(A) paragraphs (1) and (5)-(9) of this subsection, application;(B) subsection (d) of this section, annual report of code-related activities; however, a mid-size TDBU shall report only with respect to the activities for which it is subject to regulation under this section;(C) subsection (e) of this section, copies of contracts or agreements;(D) subsection (f) of this section, tracking migration and sharing of employees;(E) subsection (g) of this section, reporting deviations from the code of conduct; however, a mid-sized TDBU shall only report deviations with respect to the activities for which it is subject to regulation under this section;(F) subsection (h) of this section, ensuring compliance for new competitive affiliates;(G) subsection (i) of this section, separation of a TDBU from its competitive affiliates; however, sharing of employees, facilities, or other resources with competitive affiliates shall be allowed, and the safeguards shall be deemed achieved through compliance with the transactional, information transfer, and marketing and advertising standards applicable to a mid-size TDBU under subsections (j), (k), and (l) of this section;(H) subsection (j)(1) of this section, transactions with competitive affiliates; however, transactions provided for under subsection (j)(1) of this section shall be conducted at pricing levels that are fair and reasonable to the customers of the mid-size TDBU and that reflect not less than the book value of the assets and the cost of employee time determined on the basis of aggregate percentage of time devoted by the employee to the competitive function or transmission and distribution function and do not include any discounts, rebates, fee waivers or alternative tariff terms and conditions;(I) subsection (j)(2) of this section, records of transactions;(J) subsection (j)(3) of this section, provision of corporate support services, except to the extent that sharing of confidential information may not practicably be avoided due to cross-functional responsibilities of employees;(K) subsection (k)(1) of this section, tying arrangements prohibited;(L) subsection (k)(2) of this section, products and services available on a non-discriminatory basis;(M) subsection (l)(1) of this section, proprietary customer information;(N) subsection (1)(2) of this section, nondiscriminatory availability of aggregate customer information. A mid-size TDBU shall make aggregate customer information available to all non-affiliates under the same terms and conditions and at the same price or fully allocated cost that it is made available to any of its competitive affiliates, but is not otherwise subject to the reporting requirements in subsection (l)(2) of this section.(O) subsection (l)(3) of this section, no preferential access to transmission and distribution information. A mid-size TDBU shall comply with this paragraph except to the extent preferential access may not practicably be avoided due to cross-functional responsibilities of employees or other operating constraints as reasonably determined by the mid-size TDBU;(P) instead of the restrictions in subsection (m)(2) of this section, a mid-sized TDBU may participate in joint marketing, advertising, and promotional activities with a competitive affiliate, provided that the mid-size TDBU informs the customer that the competitive energy services to which the promotional activities are directed are available from other providers as well as the mid-size TDBU and makes available to the customer upon request a copy of the most recent list of competitive energy service providers as developed and maintained by the commission;(Q) instead of the restrictions in subsections (m)(3) and (m)(4) of this section, if a customer or potential customer of a mid-size TDBU makes an unsolicited request for distribution service, competitive service, or information relating to such services, the mid-size TDBU shall inform the customer that competitive energy-related activities are available not only from the mid-size TDBU but also from other providers. The mid-size TDBU shall make available to a customer upon request a copy of the most recent list of competitive energy service providers as developed and maintained by the commission and may make available telephone numbers and other commonly available information; and(R) subsection (n) of this section, remedies and enforcement.(5) Duration of code application. This section applies to a TDBU and a Bundled MOU/COOP, regardless of whether it is classified as large, mid-size or small, only so long as each of the conditions of paragraph (1) of this subsection continue to be met.(6) Report of energy system sales and declaration of code applicability. A report of total metered electric energy (MWh) delivered through the TDBU's system for sale at retail and wholesale, for the average of the three most recent calendar years, shall be filed annually with the commission by each MOU/COOP subject to the provisions of this section. The initial report shall be filed in conjunction with subsection (n)(1) of this section. After the initial report filing, the report of energy system sales shall be filed annually by June 1, and shall encompass the period from January 1 through December 31 of the preceding year. The annual report of energy system sales shall be filed under a control number designated by the commission for each calendar year. Both the initial and annual reports of energy sales shall include a statement from the MOU/COOP affirming that it is classified as either a small, mid-size, or large TDBU.(A) In the event that the MWhs delivered through the TDBU's system increase so that a TDBU is reclassified to a larger size, the TDBU shall notify the commission through the annual report of energy system sales. The TDBU shall have one year from the date of the reclassification to implement the applicable provisions of this section.(B) Petition for exception to reclassification. Any TDBU may petition the commission for exception to the size determination. Upon request, if a small TDBU is reclassified as a mid-sized TDBU, the commission may consider an adjustment for growth based upon total Texas retail sales.(7) No circumvention of the code of conduct. An MOU/COOP shall not circumvent the provisions of PURA §39.157(e) or this section by using any affiliate to provide information, services, products, or subsidies that would be prohibited by this section between a competitive affiliate and a TDBU. A Bundled MOU/COOP shall not circumvent the provisions of PURA §39.157(e) or this section by using any persons to provide information, services, products, or subsidies that would be prohibited by this section between persons providing transmission and distribution service on behalf of the Bundled MOU/COOP and persons providing competitive energy-related activities on behalf of the Bundled MOU/COOP.(8) Good cause exception. An MOU/COOP that is or may become subject to this section may petition the commission at any time for an exception or waiver of any provision of this section on a showing of good cause. Good cause may be demonstrated by showing that the cost or difficulty of achieving compliance outweighs the benefit to be achieved or that there are other alternative actions that are likely to produce reasonable results under the circumstances.(9) Notice of conflict with other regulation and petition for waiver. Nothing in this section shall affect or modify the obligation or duties relating to any rules or standards of conduct that may apply to an MOU/COOP or its affiliates, whether competitive or noncompetitive, under orders or regulations of the Federal Energy Regulatory Commission (FERC), Securities and Exchange Commission (SEC), or shall violate PURA, Chapters 40 and 41, subchapter C. An MOU/COOP shall file with the commission a notice of any provision in this section that conflicts with FERC or SEC orders or regulations. An MOU/COOP that is subject to statutes or regulations in any state that conflict with a provision of this section may petition the commission for a waiver of the conflicting provision on a showing of good cause.(c) Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:(1) Affiliate--An entity, including a business unit or division, that controls, is controlled by, or is under common control with, an MOU/COOP. Control means the power and authority to direct the management or policies of an entity through directly or indirectly owning or holding at least a 5.0% voting or ownership interest. Affiliate includes an entity determined to be an affiliate by the commission after notice and hearing based on criteria parallel to those prescribed in PURA §11.006.(2) Bundled MOU/COOP--An MOU/COOP that is conducting both transmission and distribution activities and competitive energy-related activities on a bundled basis without structural or functional separation of transmission and distribution functions from competitive energy-related activities and that makes a written declaration of its status as a Bundled MOU/COOP pursuant to subsection (o)(3)(A) of this section.(3) Competitive affiliate--An affiliate of an MOU/COOP that provides services or sells products at retail in a competitive energy-related market in this state, including telecommunications services to the extent those services are energy-related. An affiliate of an MOU/COOP that is selling energy only in the capacity of a provider of last resort within the scope of PURA §40.053(c) and (d) or PURA §41.053 (c) and (d) is not a competitive affiliate under this definition. The term competitive affiliate shall include both competitive divisions and competitive subsidiaries.(4) Competitive division (CD)--A competitive affiliate that is organized as a division or other part of an MOU/COOP.(5) Competitive energy-related activities--Services or products that are sold at retail in a competitive energy-related market in this state, including telecommunications services to the extent those services are energy-related.(6) Competitive subsidiary (CS)--A competitive affiliate that is organized as a corporation or other legally distinct entity.(7) Confidential information--Any information not intended for public disclosure and considered to be confidential or proprietary by persons privy to such information. Confidential information includes, but is not limited to, information relating to the interconnection of customers to an MOU/COOP's transmission or distribution systems, proprietary customer information, trade secrets, competitive information relating to internal manufacturing processes, and information about an MOU/COOP's transmission or distribution system, operations, or plans for expansion.(8) Corporate support services--Services shared by a TDBU, or an affiliate created to perform corporate support services, with the MOU/COOP's affiliates of joint corporate oversight, governance, support systems, and personnel. For a Bundled MOU/COOP, \"corporate support services\" includes governance, support systems, and personnel.(A) Examples of services that may be shared, to the extent the services comply with this section, include human resources, procurement, information technology, regulatory services, administrative services, real estate services, legal services, accounting, environmental services, research and development unrelated to marketing activity and/or business development for the competitive affiliate regarding its services and products, internal audit, community relations, corporate communications, financial services, financial planning and management support, corporate services, corporate secretary, lobbying, corporate planning, and community economic development if the economic development activities are within the MOU/COOP's certificated retail service area.(B) Examples of services that may not be shared, except as otherwise allowed under the terms of this section, include engineering, purchasing of electric transmission facilities and service, transmission and distribution system operations, and marketing.(9) Fully allocated cost--The cost of a product, service, or asset based on book values for the component elements established through generally accepted accounting principles (GAAP); or alternatively, an internal transfer price based upon the actual or expected (budgeted) operating and maintenance expenses and a capital component, as appropriate, divided by the expected or actual units for the service or product produced. Such transfer prices may be set as needed but shall not be used beyond a three year period without review. The operating and maintenance expenses shall be fully loaded with applicable overheads. The capital component shall consider the original cost of the associated assets and a reasonable return. Such internal prices may include an allowance for transfers to a municipal general fund at the discretion of the municipality.(10) Large transmission and distribution business unit (TDBU)--A TDBU that:(A) delivers total metered electric energy through its system for sale at retail for the average of the three most recent calendar years greater than 6,000,000 MWh; and(B) is otherwise subject to the provisions of this section as provided in subsection (b)(1) of this section.(11) Mid-size transmission and distribution business unit (TDBU)--A TDBU that:(A) delivers total metered electric energy through its system for sale at retail for the average of the three most recent calendar years that is less than or equal to 6,000,000 MWh and is greater than 500,000 MWh; and(B) is otherwise subject to the provisions of this section as provided in subsection (b)(1) and (b)(4) of this section.(12) Municipally owned utility/electric cooperative (MOU/COOP)--A municipally owned utility (MOU) as defined in PURA §11.003(11) or an electric cooperative (COOP) as defined in PURA §11.003(9). As used in this section, MOU/COOP does not include a competitive affiliate but does include an MOU, a COOP, or a river authority that has an affiliate relationship with a TDBU that is a division or part of the MOU/COOP.(13) Proprietary customer information--Any information compiled by a TDBU on a customer in the normal course of providing electric service that makes possible the identification of any individual customer by matching such information with the customer's name, address, account number, type or classification of service, historical electricity usage, expected patterns of use, types of facilities used in providing service, individual contract terms and conditions, price, current charges, billing records, or any other information that the customer has expressly requested not be disclosed. Information that is redacted or organized in such a way as to make it impossible to identify the customer to whom the information relates does not constitute proprietary customer information.(14) Small transmission and distribution business unit (TDBU)--A TDBU that:(A) delivers total metered electric energy through its system for sale at retail of less than 500,000 MWh for the average of the three most recent calendar years; and(B) is otherwise subject to the provisions of this section as provided in subsection (b)(1) and (b)(3) of this section.(15) Transaction--Any interaction between a TDBU and its competitive affiliates in which a service, asset, product, property, right, or other item is transferred or received by either the TDBU or its competitive affiliates.(16) Transmission and distribution business unit (TDBU)--The business unit of an MOU/COOP, whether structurally unbundled as a separate legal entity or functionally unbundled as a division, that owns or operates for compensation in this state equipment or facilities to transmit or distribute electricity at retail, except for facilities necessary to interconnect a generation facility with the transmission or distribution network, a facility not dedicated to public use, or a facility otherwise excluded from the definition of electric utility in a qualifying power region certified under PURA §39.152. TDBU does not include an MOU/COOP that owns, controls, or is an affiliate of the TDBU if the TDBU is organized as a separate corporation or other legally distinct entity. Except as specifically authorized by statute, a TDBU shall not provide competitive energy-related activities.(d) Annual report of code-related activities. A report of activities related to this section shall be filed annually with the commission. Using forms approved by the commission, a TDBU shall report activities among itself and its competitive affiliates in accordance with the requirements of this section. The report shall be filed by June 1, and shall encompass the period from January 1 through December 31 of the preceding year during which the MOU/COOP was subject to this section.(e) Copies of contracts or agreements. A TDBU shall reduce to writing and file with the commission copies of any contracts or agreements it has with its competitive affiliates. The filing of an earnings report does not satisfy the requirements of this section. All contracts or agreements shall be filed by June 1 of each year as attachments to the annual report of code-related activities required in subsection (d) of this section. In subsequent years, if no significant changes have been made to the contract or agreement, an amendment sheet may be filed in lieu of refiling the entire contract or agreement.(f) Tracking migration and sharing of employees. An MOU/COOP shall track and document the movement between the TDBU and its competitive affiliates of all employees engaged in transmission or distribution system operations, including persons employed by the MOU/COOP who are engaged in transmission or distribution system operations on a day-to-day basis or who have knowledge of transmission or distribution system operations. An MOU/COOP shall also document the assignment of shared employees engaged in both transmission or distribution system operations and competitive energy-related activities, if any. Employee migration and sharing information shall be included in the MOU/COOP's annual report of code-related activities. For migrating employees, the tracking information shall include an identification code, the respective titles held while employed at the TDBU and the competitive affiliate, and the effective dates of the migration. For shared employees, the tracking information shall include the employees' name, job title, scope of activities, and allocation of time to transmission and distribution functions and competitive energy-related activities.(g) Reporting deviations from the code of conduct. A TDBU shall report information regarding the instances in which deviations from this section were necessary to ensure public safety or system reliability pursuant to this section. The information reported shall include the nature of the circumstances involved and the date of the deviation. Within 30 days of each deviation relating to a competitive affiliate, the MOU/COOP shall report this information to the commission and shall conspicuously post the information on its Internet site or a public electronic bulletin board for 30 consecutive calendar days. Information regarding a deviation shall be summarized in the MOU/COOP's annual report of code-related activities.(h) Ensuring compliance for new competitive affiliates. An MOU/COOP and a new competitive affiliate are bound by this code of conduct, to the extent applicable, immediately upon creation of the new competitive affiliate. The MOU/COOP shall post a conspicuous notice of any newly created competitive affiliates on its Internet site or a public electronic bulletin board for 30 consecutive calendar days. Additionally, the MOU/COOP shall ensure that its annual report of code-related activities reflects all changes that result from the creation of new competitive affiliates.(i) Separation of a TDBU from its competitive affiliates.(1) Sharing of employees, officers and directors, property, equipment, computer and information systems, other resources, and corporate support services. An MOU/COOP and its competitive affiliate may share common employees, officers and trustees/directors, property, equipment, computer and information systems, other resources, and corporate support services, if the TDBU implements safeguards that the commission determines are adequate to preclude employees of a competitive affiliate from gaining access to confidential information in a manner that would allow or provide a means to transfer confidential information from the TDBU to the competitive affiliate, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidization of a competitive affiliate.(2) Employee transfers and temporary assignments.(A) An MOU/COOP shall not assign to a competitive affiliate for less than one year employees engaged in transmission or distribution system operations unless safeguards are in place to prevent transfer of confidential information. TDBU employees engaged in transmission or distribution system operations, including persons employed by a structurally unbundled service company affiliate of the TDBU who are engaged on a day-to-day basis in or have knowledge of transmission or distribution system operations and are transferred to a competitive affiliate, shall not remove or otherwise provide or use confidential information or information gained from the TDBU or affiliated service company, in a discriminatory or exclusive fashion to the benefit of the competitive affiliate or to the detriment of non-affiliated electric suppliers.(B) Movement of employees to a competitive affiliate may be accomplished either through the employee's termination of employment with the TDBU and acceptance of employment with the CS or through a transfer to the CD as long as the transfer results in the TDBU bearing no ongoing costs associated with that employee.(C) Transferring employees shall sign a statement indicating that they are aware of and understand the restrictions set forth in this section. The TDBU also shall post a conspicuous notice of such a transfer on its Internet site or other public electronic bulletin board within 24 hours and for at least 30 consecutive calendar days.(D) Employees may be temporarily assigned to an affiliate or non-affiliated TDBU to assist in restoring power in the event of a major service interruption or to assist in resolving emergency situations affecting system reliability. Any such deviation shall be reported and posted on the TDBU's Internet site or other public electronic bulletin board within 24 hours and for at least 30 consecutive calendar days.(3) Sharing of office space. A TDBU's office space shall be physically separate from the office space of its competitive affiliates. Physical separation is accomplished by having office space in separate buildings or, if within the same building, by a method such as having offices on separate floors or with separate access.(4) Separate books and records. A TDBU shall maintain separate books of accounts and records from those of any CS. In a proceeding under subsection (n)(3) of this section, the commission may review records relating to a transaction between a TDBU and a CS. Costs of CDs, other than those costs related to corporate support services, shall be segregated by account.(A) In accordance with generally accepted accounting principles, a TDBU shall record all transactions with its CS whether they involve direct or indirect expenses, and all transactions with CDs that relate to the transmission and distribution function.(B) A TDBU shall prepare financial statements that are not consolidated with those of a CS.(5) Limitations on credit support by a TDBU for a competitive affiliate. A TDBU and its affiliates may share credit, investment, or financing arrangements with a competitive affiliate if the TDBU implements adequate safeguards precluding employees of a competitive affiliate from gaining access to information in a manner that would allow or provide a means to transfer confidential information from the TDBU to the competitive affiliate or lead to customer confusion. Nothing in this section shall impair existing contracts, covenants, or obligations between an MOU/COOP and its lenders and holders of bonds issued on behalf of or by an MOU/COOP.(A) MOU. In issuing debt related to competitive affiliates, an MOU shall be governed by and maintained, operated, and managed in accordance with the laws of the State of Texas, including the ordinances and resolutions authorizing the issuance of any form of indebtedness and the provisions thereof, which require that funds reasonably necessary for operation and maintenance expenses (including TDBU operation and maintenance expenses) have priority in any pledge of gross revenues of the municipally owned utility system.(B) COOP. A COOP TDBU shall not allow a competitive affiliate to obtain credit under any arrangement that would include a specific pledge of assets reasonably necessary for TDBU operations or a pledge of gross revenues of the TDBU.(j) Transactions between a TDBU and its competitive affiliates.(1) Transactions with competitive affiliates. Except for transfers implementing unbundling, transfers of property pursuant to a rate order having the effect of a financing order, credit support, and corporate support services provided by a TDBU to its competitive affiliate, any transaction between a TDBU and its competitive affiliate shall be accomplished at pricing levels that are fair and reasonable to the customers of the TDBU and that reflect the approximate market value of the assets or the fully allocated cost of the assets, services, or products, and that do not include any preferential discounts, rebates, fee waivers or alternative tariff terms and conditions. Such transfers include, but are not limited to, the following:(A) sale or provision of products or services by a TDBU to its competitive affiliate;(B) purchase or acquisition of products, services, or assets by a TDBU from a competitive affiliate; or(C) assets transferred from a TDBU to a competitive affiliate.(2) Records of transactions. Each transaction between a TDBU and its competitive affiliates, other than those involving corporate support services or transactions governed by tariffs of general applicability filed at the commission or approved by the TDBU's governing body, shall be reflected in a contemporaneous written record of the transaction including the date of the transaction, name of the competitive affiliate, name of a TDBU employee knowledgeable about the transaction, and description of the transaction. Such records shall be maintained for three years.(3) Provision of corporate support services. A TDBU may engage in transactions directly related to the provision of corporate support services with its competitive affiliate. Such transactions shall be carried out in such a way as to not allow or provide the means for the transfer of confidential information from the TDBU to the competitive affiliate, the opportunity for preferential treatment or unfair competitive advantage, customer confusion, or significant opportunities for cross-subsidization of the competitive affiliate.(k) Safeguards relating to provision of products and services.(1) Tying arrangements prohibited. A TDBU shall not condition the provision of any product, service, pricing benefit, or alternative terms or conditions upon the purchase of any other good or service from the TDBU or its competitive affiliate.(2) Products and services available on a non-discriminatory basis. Any product or service, other than corporate support services or credit arrangements, made available by a TDBU to its competitive affiliate shall be made available to all similarly situated entities at the same price and on the same basis and manner that the product or service was made available to the competitive affiliate, provided however, that such provision does not violate PURA §40.104 or §41.104, or the Texas Constitution, Article III, section 52. Any service required to be provided in compliance with PURA §39.203 shall be provided in a non-discriminatory manner and in accordance with the tariffs developed pursuant to any commission rule implementing that section.(l) Information safeguards.(1) Proprietary customer information. Upon request by the customer, a TDBU shall provide a customer with the customer's proprietary customer information. Unless a TDBU obtains prior affirmative written consent or other verifiable authorization from the customer as determined by the commission, or unless otherwise permitted under this subsection, it shall not release any proprietary customer information to a competitive affiliate or to any other entity, other than the customer, an independent organization as defined by PURA §39.151, or a provider of corporate support services for the sole purpose of providing corporate support services in accordance with subsection (j)(3) of this section. The TDBU shall maintain records that include the date, time, and nature of information released when it releases customer proprietary information to another entity in accordance with this paragraph. The TDBU shall maintain records of such information for a minimum of three years and shall make the records available for third party review within three business days of a written request or at a time mutually agreeable to the TDBU and the third party. When the third party requesting review of the records is not the customer, commission, or Office of Public Utility Counsel, the records may be redacted in such a way as to protect the customer's identity. If proprietary customer information is released to an independent organization or a provider of corporate support services, the independent organization or entity providing corporate support services is subject to the rules in this subsection with respect to releasing the information to other persons.(A) Exception for law, regulation, or legal process. A TDBU may release proprietary customer information to another entity without customer authorization where authorized or requested to do so by the commission or by law, regulation, or legal process. Nothing in this rule requires disclosure of information that may be withheld from disclosure under Texas Government Code, Chapter 552.(B) Exception for release to governmental entity. Without customer authorization, a TDBU may release proprietary customer information to a federal, state, or local governmental entity or in connection with a court or administrative proceeding involving the customer or the TDBU, provided however, that the TDBU shall take all reasonable actions to protect the confidentiality of such information, including, but not limited to, providing such information under a confidentiality agreement or protective order, and shall also promptly notify the affected customer in writing that such information has been requested.(C) Exception to facilitate transition to customer choice. In order to facilitate the transition to customer choice, an MOU/COOP may release proprietary customer information to its competitive affiliate without authorization of those customers, where either entity will be exercising the function of retail electric provider or provider of last resort, provided however, that such information may be released only during the six-month period prior to implementation of customer choice, during the six-month period prior to implementation or expansion of a pilot project, or such additional periods as may be prescribed by the commission.(D) Exception for release to providers of last resort. On or after January 1, 2002, a TDBU may provide proprietary customer information to a provider of last resort without customer authorization for the purpose of serving customers who have been switched to the provider of last resort.(E) Exception for release to customer's selected competitive retailer. Subject to demonstration by the competitive retailer that the customer has selected that competitive retailer, a TDBU shall release proprietary customer information for a particular customer to the competitive retailer chosen by that customer in connection with provision of metering data or otherwise in compliance with the Access Tariff applicable to the TDBU under PURA §39.203.(2) Nondiscriminatory availability of aggregate customer information. A TDBU may aggregate non-proprietary customer information, including, but not limited to, information about a TDBU's energy-related goods or services. However, except in circumstances solely involving the provision of corporate support services in accordance with subsection (j)(3) of this section, a TDBU shall aggregate non-proprietary customer information for a competitive affiliate only if the TDBU makes such aggregation service available to all non-affiliates under the same terms and conditions and at the same price or fully allocated cost as it is made available to any of its competitive affiliates. In addition, no later than 24 hours prior to a TDBU's provision to its competitive affiliate of aggregate customer information, the TDBU shall post a conspicuous notice on its Internet site or other public electronic bulletin board for at least 30 consecutive calendar days, providing the following information: the name of the competitive affiliate to which the information will be provided, the rate charged or cost allocated for the information, a meaningful description of the information provided, and the procedures by which non-affiliates may obtain the same information under the terms and conditions. The TDBU shall maintain records of such disclosure information for a minimum of three years and shall make such records available for third party review within three business days of a written request or at a time mutually agreeable to the TDBU and the third party.(3) No preferential access to transmission and distribution information. A TDBU shall not allow preferential access by its competitive affiliates to information about its transmission and distribution systems.(4) Other limitations on information disclosure. Nothing in this rule is intended to alter the specific limitations on disclosure of confidential information in the Texas Utilities Code, the Texas Government Code, Chapter 552, or the commission's substantive and procedural rules.(5) Other information. Except as otherwise allowed in this subsection, a TDBU shall not share information with competitive affiliates, except for information required to perform allowed corporate support services unless the TDBU can prove to the commission that the sharing will not compromise the public interest prior to any such sharing. Information that is publicly available, or that is unrelated in any way to utility activities, may be shared.(m) Safeguards relating to joint marketing and advertising.(1) Name and logo. A TDBU may not, prior to September 1, 2005, allow the use of its corporate trademark, name, brand, or logo by a CS on employee business cards or in any written or auditory advertisements of specific services to existing or potential residential or small commercial customers located within the TDBU's certificated service area, whether through radio or television, Internet-based, or other electronic format accessible to the public unless the CS includes a disclaimer with its use of the TDBU's corporate trademark, name, brand, or logo. Such disclaimer of the corporate trademark, name, brand, or logo in the material distributed must be written in a bold and conspicuous manner or clearly audible, as appropriate for the communication medium, and shall state the following: \"{Name of CS} is not the same entity as {name of TDBU} and you do not have to buy {name of CS}'s products to continue to receive quality services from {name of TDBU}.\" A TDBU may allow the use of its corporate name, brand, or logo by a CD in any context.(2) Joint marketing, advertising, and promotional activities.(A) A TDBU shall not:(i) provide or acquire leads on behalf of its competitive affiliates;(ii) solicit business or acquire information on behalf of its competitive affiliates;(iii) give the appearance of speaking or acting on behalf of any of its competitive affiliates in connection with any marketing, advertising or promotional activities, other than community economic development activities;(iv) share market analysis reports or other types of proprietary or non-publicly available reports relating to retail energy sales, including, but not limited to, market forecast, planning, or strategic reports with its competitive affiliates; or(v) request authorization from its customers to pass on information exclusively to its competitive affiliate.(B) A TDBU shall not engage in joint marketing, advertising, or promotional activities of its products or services with those of a competitive affiliate in a manner that favors the competitive affiliate. Such joint marketing, advertising, or promotional activities include, but are not limited to, the following activities:(i) acting or appearing to act on behalf of a competitive affiliate in any communications and contacts with any existing or potential customers;(ii) joint sales calls;(iii) joint proposals, either as requests for proposals or responses to requests for proposals;(iv) joint promotional communications or correspondence, except that a TDBU may allow a competitive affiliate access to customer bill advertising inserts so long as access to such inserts is made available on the same terms and conditions to non-affiliates offering similar services as the competitive affiliate that uses bill inserts;(v) joint presentations at trade shows, conferences, or other marketing events within the state of Texas; and(vi) providing links from a TDBU's Internet web site to a competitive affiliate's Internet web site.(C) At a customer's unsolicited request, a TDBU may participate in meetings with a competitive affiliate to discuss technical or operational subjects regarding the TDBU's provision of transmission or distribution services to the customer but only in the same manner and to the same extent the TDBU participates in such meetings with unaffiliated electric or energy services suppliers and their customers. Representatives of a TDBU may be present during a sales discussion between a customer and the TDBU's competitive affiliate but shall not participate in the discussion or purport to act on behalf of the competitive affiliate.(3) Requests for specific competitive affiliate information. If a customer or potential customer makes an unsolicited request to a TDBU for information specifically about any of its competitive affiliates, the TDBU may refer the customer or potential customer to the competitive affiliate for more information. Under this paragraph, the only information that a TDBU may provide to the customer or potential customer is the competitive affiliate's address and telephone number. The TDBU shall not transfer the customer directly to the competitive affiliate's customer service office via telephone or provide any other electronic link whereby the customer could contact the competitive affiliate through the TDBU. When providing the customer or potential customer information about the competitive affiliate, the TDBU shall not promote its competitive affiliate or its competitive affiliate's products or services, nor shall it offer the customer or potential customer any opinion regarding the service of the competitive affiliate or any other service provider.(4) Requests for general information about products or services offered by competitive affiliates and their competitors. If a customer or potential customer requests general information from a TDBU about products or services provided by its competitive affiliate or the competitors of its CS or CD, the TDBU shall not promote its competitive affiliate or its competitive affiliate's products or services, nor shall the TDBU offer the customer or potential customer any opinion regarding the service of the competitive affiliate or any other service provider. The TDBU may direct the customer or potential customer to a telephone directory or to the commission, or provide the customer with a recent list of suppliers developed and maintained by the commission, but the TDBU may not refer the customer or potential customer to the competitive affiliate except as provided for in paragraph (3) of this subsection.(n) Remedies and enforcement.(1) Code implementation filing.(A) Not later than 120 days prior to the implementation of customer choice by an MOU/COOP, a TDBU shall file with the commission its plan for implementing the provisions of this section, addressing all applicable requirements of this section in the context of its operations as they will be conducted in the competitive retail market. The TDBU shall post notice of its filing on its Internet site or a public electronic bulletin board for 30 consecutive days and shall provide copies of the filing to requesting parties. Interested parties may file comments on the filing with the commission within 30 days following the filing and shall provide copies of such comments to the TDBU. Commission staff shall review the code implementation filing and provide to the TDBU its comments and recommendations as to any suggested changes in the filing within 60 days following the date of the filing. The TDBU may amend its initial filing based on the comments and recommendations and shall file any such amendments not later than 75 days following the date of the initial filing. The filing provided for in this paragraph is not subject to the contested hearings process, except upon complaint by an interested party or the commission staff.(B) In lieu of the implementation filing provided for in subparagraph (A) of this paragraph, an MOU/COOP may file with the commission a statement that it does not at this time intend to provide electric energy at retail to consumers in Texas outside its certificated retail service area as provided for in subsection (b)(1)(B) of this section. Subsequently, if an MOU/COOP intends to provide electric energy at retail to consumers in Texas outside its certificated retail service area as provided for in subsection (b)(1)(B) of this section, it shall file with the commission the implementation filing provided for in subparagraph (A) of this paragraph not later than 120 days prior to the time it provides retail electric energy in Texas outside its certificated retail service area.(2) Informal complaint procedure. A TDBU or a Bundled MOU/COOP shall establish and file with the commission a complaint procedure for addressing alleged violations of this section. This procedure shall contain a mechanism whereby all complaints shall be placed in writing and shall be referred to a designated officer or other person employed by the TDBU or the Bundled MOU/COOP.(A) All complaints shall contain:(i) the name of the complainant;(ii) a detailed factual report of the complaint, including all relevant dates, entities or divisions involved, employees involved, and the specific claim.(B) A complaint must be filed with the TDBU or the Bundled MOU/COOP within 90 days of the date the complaining party knew, or with diligent investigation should have known, that the violation occurred, but in no event may a complaint be filed more than three years after the violation occurred.(C) The designated officer shall acknowledge receipt of the complaint in writing within five working days of receipt. The designated officer shall provide a written report communicating the results of the preliminary investigation to the complainant within 30 days after receipt of the complaint, including a description of any course of action that will be taken.(D) In the event the TDBU or the Bundled MOU/COOP and the complainant are unable to resolve the complaint, the complainant may file a formal complaint with the commission. In the event the complainant advises the TDBU or the Bundled MOU/COOP that the complainant does not consider the complaint fully resolved by the course of action proposed by the TDBU or the Bundled MOU/COOP then the TDBU or the Bundled MOU/COOP shall notify the complainant of his or her right to file a formal complaint with the commission and shall provide the complainant with the commission's address and telephone number. The informal complaint process shall be a prerequisite for filing a formal complaint with the commission.(E) A large TDBU or Bundled MOU/COOP shall report to the commission regarding the nature and status of informal complaints handled in accordance with this paragraph in its annual report of code-related activities filed pursuant to subsection (d) of this section. The information reported to the commission shall include the name of the complainant and a summary report of the complaint, including all relevant dates, companies involved, employees involved, the specific claim, and any actions taken to address the complaint. Such information on all informal complaints that were initiated or remained unresolved during the reporting period shall be included in the annual report of code-related activities of the large TDBU or Bundled MOU/COOP.(3) Filing a complaint. Following the informal process, a formal complaint may be filed with the commission alleging a violation of this section. No complaint shall be valid unless filed with the commission within 30 days after the designated officer or employee of the TDBU or the Bundled MOU/COOP mails its written report communicating the results of the preliminary investigation to the complainant. Each complaint shall contain the name of the complainant and a detailed factual report of the complaint, including all relevant dates, entities or divisions involved, employees involved, and the specific claim. Additionally, each complaint shall identify the specific provisions of this section that are alleged to have been violated, contain a sworn affidavit that the facts alleged are true and correct to the best of the affiant's knowledge and belief, and if the complainant is a corporation, a statement from a corporate officer that he or she is authorized to file the complaint.(4) Notification of complaint and opportunity to respond. The commission shall provide a copy of the complaint to the TDBU or the Bundled MOU/COOP. The TDBU or the Bundled MOU/COOP shall respond to the complaint in writing within 15 days. The TDBU or the Bundled MOU/COOP and the complainant shall make a good faith effort to resolve the complaint on an informal basis as promptly as practicable.(5) Settlement conference. Upon request by the MOU/COOP subject to the complaint, commission staff shall conduct a settlement conference. At such settlement conference, each party, including the commission staff, shall recommend what steps are necessary to cure any violation that it believes has occurred. Discussions at the settlement conference, including the recommendations to cure the violation, shall not be admissible at a hearing on the complaint.(6) Opportunity to cure. The MOU/COOP shall have three months to cure the violation in accordance with an agreement arising from the settlement conference or following a hearing. An MOU/COOP may cure the violation in any reasonable manner as set forth in the settlement agreement or hearing, including taking action designed to prevent recurrence of the violation or amending the rule or order.(7) Enforcement by the commission. In the event the commission finds there has been a violation which has not been reasonably cured, the commission may enforce the provisions of this section.(A) The commission may recommend actions to be taken by the MOU/COOP within a prescribed time, and if such actions are not taken, the commission may:(i) seek an injunction to eliminate or remedy the violation or series or set of violations; or(ii) limit or prohibit retail service outside the certificated retail service area of the TDBU or the Bundled MOU/COOP until the violation or violations are adequately remedied. This remedy shall not be applied in a manner that would interfere with or abrogate the rights or obligations of parties to a lawful contract.(B) In assessing enforcement remedies, the commission shall consider the following factors:(i) the prior history of violations by the TDBU or the Bundled MOU/COOP, if any, found by the commission after hearing;(ii) the efforts made by the TDBU or the Bundled MOU/COOP to comply with the commission's rules;(iii) the nature and extent of economic benefit gained by the TDBU's competitive affiliate or the Bundled MOU/COOP;(iv) the damages or potential damages resulting from the violation or series or set of violations;(v) the size of the business of the competitive affiliate involved; and(vi) such other factors deemed appropriate and material to the particular circumstances of the violation or series or set of violations.(C) The commission may conduct a compliance audit of affiliate activities to ensure compliance with the code of conduct.(8) No immunity from antitrust enforcement. Nothing in these affiliate rules shall confer immunity from state or federal antitrust laws. Enforcement actions by the commission for violations of this section do not affect or preempt antitrust liability, but rather are in addition to any antitrust liability that may apply to the anti-competitive activity. Therefore, antitrust remedies may also be sought in federal or state court to cure anti-competitive activities.(9) No immunity from civil relief. Nothing in these affiliate rules shall preclude any form of civil relief that may be available under federal or state law, including, but not limited to, filing a complaint with the commission consistent with this subsection.(10) Preemption. This section supersedes any procedures or protocols adopted by an independent organization as defined by PURA §39.151, or similar entity, that conflict with the provisions of this section.(o) Provisions for Bundled MOU/COOPs.(1) Transactional safeguards relating to provision of products and services. To protect against anticompetitive activities, the provisions of this subsection apply to all Bundled MOU/COOPs meeting the qualifications set forth in subsection (b)(1)(A) and (B) of this section, regardless of whether the MOU/COOP has any affiliates or competitive affiliates.(A) Tying arrangements prohibited. A Bundled MOU/COOP shall not condition the provision of any transmission or distribution product, service, pricing benefit, or alternative terms or conditions upon the purchase of any other good or service from the Bundled MOU/COOP.(B) Products and services available on a non-discriminatory basis. Any product or service, other than corporate support services or credit arrangements, made available by a Bundled MOU/COOP to any third party or any persons providing competitive energy-related activities on behalf of the Bundled MOU/COOP, shall be made available to all similarly situated entities at the same price and on the same basis and manner that the product or service was made available to any persons providing competitive energy-related activities on behalf of the Bundled MOU/COOP, provided however, that such provision does not violate PURA §40.104 or §41.104, or the Texas Constitution, Article III, section 52. Any service required to be provided in compliance with PURA §39.203 shall be provided in a non-discriminatory manner and in accordance with the tariffs developed pursuant to any commission rule implementing that section.(C) Cross-subsidization prohibited. A Bundled MOU/COOP shall not create significant opportunities for cross subsidization of competitive energy-related activities with revenues from distribution and transmission rates.(D) Records of transactions involving competitive energy-related activities. A Bundled MOU/COOP shall maintain segregated accounts and records of all transactions regarding the provision of competitive energy-related activities consistent with the FERC chart of accounts or a comparable tracking method. In accordance with generally accepted accounting principles, a Bundled MOU/COOP shall separately record all transactions regarding the provision of competitive energy-related activities and all transactions relating to the transmission and distribution function. Such records shall include all expenses, whether direct or indirect, and at the fully allocated cost to provide such competitive energy service. Such expenses shall not be included in the Bundled MOU/COOP's transmission and distribution rates.(E) Transfer or use of assets or products to provide competitive energy-related activities. A Bundled MOU/COOP shall implement procedures and safeguards to ensure that the transfer or use of assets or products by a person providing competitive energy-related activities on behalf of the Bundled MOU/COOP shall be accomplished at pricing levels that are fair and reasonable to the customers of the transmission and distribution system of the Bundled MOU/COOP and at pricing levels that do not include any preferential discounts, rebates, fee waivers or alternative tariff terms and conditions.(F) Provision of corporate support services. The provision of corporate support services by a Bundled MOU/COOP to provide competitive energy-related activities shall be carried out in such a way as to comply with the provisions of paragraph (2)(A)-(D) of this subsection, thereby preventing the opportunity for preferential treatment or unfair competitive advantage, customer confusion, or significant opportunities for cross-subsidization.(G) No preferential access to transmission and distribution information. A Bundled MOU/COOP shall not allow preferential access by any person providing competitive energy-related activities on behalf of the Bundled MOU/COOP to information about its transmission and distribution systems. Such information shall be provided as required in paragraph (2)(D) of this subsection.(H) Sharing of personnel, facilities, and resources. A Bundled MOU/COOP shall implement procedures and safeguards governing the sharing of personnel, facilities, officers and directors, equipment, and corporate support services with persons providing competitive energy-related activities on behalf of the Bundled MOU/COOP to ensure that confidential information is protected, that there are no opportunities for preferential treatment or unfair competitive advantage, that undue customer confusion will be prevented, and that no significant opportunities for cross-subsidization are created. A Bundled MOU/COOP shall document the assignment of shared employees engaged in both transmission or distribution system operations and the provision of competitive energy-related activities. For shared employees, the tracking documentation shall include the employees' name, job title, scope of activities, and allocation of time to the transmission and distributions functions and competitive energy-related activities. The tracking documentation for shared employees shall be filed annually with the annual report of code-related activities required by paragraph (3)(B) of this subsection.(I) Marketing and advertising. A Bundled MOU/COOP shall implement procedures and safeguards relating to the marketing and advertising of the Bundled MOU/COOP's competitive energy-related activities to prevent favoritism being shown to the competitive energy-related activities provided by the Bundled MOU/COOP, to prevent customer confusion, to prevent the inappropriate sharing of customer information, and to prevent significant opportunities for cross-subsidization.(2) Informational safeguards. The following provisions apply to Bundled MOU/COOPs.(A) Sharing of customer information. A Bundled MOU/COOP shall implement adequate safeguards to preclude any persons providing competitive energy-related activities on behalf of the Bundled MOU/COOP, or any other entities, from gaining access to information in a manner that would allow or provide a means to transfer confidential information, create an opportunity for preferential treatment or unfair competitive advantage, lead to customer confusion, or create significant opportunities for cross-subsidization. Non-proprietary information possessed by the Bundled MOU/COOP that is made available to any persons providing competitive energy-related activities provided by the Bundled MOU/COOP shall likewise be made available to third parties providing competitive energy-related activities at the Bundled MOU/COOP's cost to produce such information for the third party.(B) Proprietary customer information. Upon request by the customer, a Bundled MOU/COOP shall provide a customer with the customer's proprietary customer information. Unless a Bundled MOU/COOP obtains prior affirmative written consent or other verifiable authorization from the customer as determined by the commission, or unless otherwise permitted under this subparagraph, it shall not release any proprietary customer information to a person providing competitive energy-related activities on behalf of the Bundled MOU/COOP or to any other entity, other than the customer, an independent organization as defined by PURA §39.151, or a provider of corporate support services for the sole purpose of providing corporate support services. The Bundled MOU/COOP shall be permitted to release proprietary customer information under the same terms and conditions as a TDBU as set forth in subsections (l)(1)(A)-(E) of this section.(C) Nondiscriminatory availability of aggregate customer information. A Bundled MOU/COOP may aggregate non-proprietary customer information, including, but not limited to, information about a Bundled MOU/COOP's energy-related goods or services. However, except in circumstances solely involving the provision of corporate support services, a Bundled MOU/COOP shall aggregate non-proprietary customer information for a third party or any person providing competitive energy-related activities only if the Bundled MOU/COOP makes such aggregation service available to all non-affiliates and third parties under the same terms and conditions and at the same price or fully allocated cost as it is made available to any person providing competitive energy-related activities on behalf of the Bundled MOU/COOP.(D) Requests for information. If a customer or potential customer of a Bundled MOU/COOP makes an unsolicited request for distribution service, competitive energy-related activities, products or services provided by an Bundled MOU/COOP, or for information relating to such products or services, the Bundled MOU/COOP shall inform the customer that competitive energy-related activities are available not only from the Bundled MOU/COOP, but also from other providers. If the Bundled MOU/COOP provides the customer or potential customer with information about competitive energy-related activities offered by the Bundled MOU/COOP, the Bundled MOU/COOP must record and allocate the costs associated with the provision of such information in the same manner as transactions involving the provision of competitive energy related activities, in accordance with paragraph (1)(C) of this subsection. The Bundled MOU/COOP shall not offer the customer or potential customer any opinion regarding the service of any other competitive energy service provider. Upon request, the Bundled MOU/COOP shall make available to a customer a copy of the most recent list of competitive energy service providers as developed and maintained by the commission and may make available telephone numbers and other commonly available information. Such information shall also be made available by the Bundled MOU/COOP to its transmission and distribution customers at the time the Bundled MOU/COOP undertakes marketing to those customers of its competitive energy-related activities.(3) Reporting and auditing requirements. A Bundled MOU/COOP shall maintain and file the following information so the commission can ensure that the Bundled MOU/COOP is not engaging in any anticompetitive activities as a result of its competitive energy-related activities being bundled with the transmission and distribution operation.(A) Code implementation filing.(i) Not later than 120 days prior to the implementation of customer choice by a Bundled MOU/COOP, the Bundled MOU/COOP shall file with the commission a written declaration that it will operate as a Bundled MOU/COOP and its plan for implementing the provisions of this section. The plan shall address all applicable requirements of this section in the context of operations as they will be conducted in the competitive retail market. The Bundled MOU/COOP shall post notice of its filing on its Internet site or a public electronic bulletin board for 30 consecutive days and shall provide copies of the plan to requesting parties. The code implementation plan proposed by the Bundled MOU/COOP shall be subject to a contested hearing process. Interested parties may file comments on the filing with the commission. The commission shall issue an order either approving the code implementation plan, approving the plan with modifications, or rejecting the plan within 120 days.(ii) In lieu of the implementation filing provided for in clause (i) of this subparagraph, a Bundled MOU/COOP may file with the commission a statement that it does not at this time intend to provide electric energy at retail to customers in Texas outside its certificated retail service area as provided for in subsection (b)(1)(B) of this section. Subsequently, if a Bundled MOU/COOP intends to provide electric energy at retail to consumers in Texas outside its certificated retail service area as provided for in subsection (b)(1)(B) of this section, it shall file the implementation filing provided for in clause (i) of this subparagraph with the commission not later than 120 days prior to the time it intends to provide retail electric energy in Texas outside its certificated retail service area.(B) Annual report of code-related activities. A report of activities related to this subsection shall be filed annually with the commission under a control number designated by the commission. The report shall be filed by June 1 and shall encompass the period from January 1 through December 31 of the preceding year. The report shall contain detailed information on how the Bundled MOU/COOP met each of the provisions of paragraphs (1) and (2) of this subsection and any deviations from the actions set forth in the initial code compliance filing. Commission staff shall review the annual report of code-related activities. The filing provided for in this paragraph is not subject to the contested hearings process, except upon complaint by an interested party or the commission staff.(C) Copies of contracts or agreements. A Bundled MOU/COOP shall reduce to writing and file with the commission copies of any contracts or agreements it has with any persons providing competitive energy-related activities on behalf of the Bundled MOU/COOP. The Bundled MOU/COOP does not have to produce any contracts it has with third parties if such contracts were negotiated on an arm's length basis. The requirements of this section are not satisfied by the filing of an earnings report. All contracts or agreements shall be filed by June 1 of each year as attachments to the annual report of code-related activities required in subparagraph (B) of this paragraph. In subsequent years, if no significant changes have been made to the contract or agreement, an amendment sheet may be filed in lieu of refiling the entire contract or agreement.(D) Compliance audits. No later than one year after the Bundled MOU/COOP becomes subject to this section as set forth in subsection (b)(1) and (2) of this section, and, at a minimum, every third year thereafter, the Bundled MOU/COOP shall have an audit prepared by independent auditors that verifies that the Bundled MOU/COOP is in compliance with this section. The Bundled MOU/COOP shall file the results of each audit with the commission within one month of the audit's completion.(4) Remedies and enforcement. Bundled MOU/COOPs shall be subject to the provisions of subsection (n)(2)-(10) of this section on the same terms and conditions as the TDBU.", "sourceNote": "Source Note: The provisions of this §25.275 adopted to be effective March 28, 2001, 26 TexReg 2364." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214270", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "NUCLEAR DECOMMISSIONING" }, "rule": { "number": "§25.301", "label": "Nuclear Decommissioning Trusts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117411", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Duties of electric utilities.(1) Each electric utility collecting funds for a nuclear decommissioning trust must assure that the nuclear decommissioning trust is managed so that the funds are secure and earn a reasonable return; and, that the funds provided from the utility's cost of service, plus the amounts earned from investment of the funds, will be available at the time of decommissioning.(2) Each electric utility collecting funds for a nuclear decommissioning trust must place the funds in an external, irrevocable trust fund. The utility must appoint an institutional trustee and may appoint an investment manager(s). Unless otherwise specified in subsection (b) of this section, the Texas Trust Code controls the administration and management of the nuclear decommissioning trusts, except that the appointed trustee(s) need not be qualified to exercise trust powers in Texas.(3) The utility must retain the right to replace the trustee with or without cause. In appointing a trustee, the electric utility must have the following duties, which will be of a continuing nature:(A) A duty to determine whether the trustee's fee schedule for administering the trust is reasonable, when compared to other institutional trustees rendering similar services, and meets the requirement of subsection (c)(2)(A) of this section;(B) A duty to investigate and determine whether the past administration of trusts by the trustee has been reasonable;(C) A duty to investigate and determine whether the financial stability and strength of the trustee is adequate;(D) A duty to investigate and determine whether the trustee has complied with the trust agreement and this section as it relates to trustees; and,(E) A duty to investigate any other factors which may bear on whether the trustee is suitable.(4) The utility must retain the right to replace the investment manager with or without cause. In appointing an investment manager, the utility must have the following duties, which will be of a continuing nature:(A) A duty to determine whether the investment manager's fee schedule for investment management services is reasonable, when compared to other such managers, and meets the requirement of subsection (c)(2)(A) of this section;(B) A duty to investigate and determine whether the past performance of the investment manager in managing investments has been reasonable;(C) A duty to investigate and determine whether the financial stability and strength of the investment manager is adequate for purposes of liability;(D) A duty to investigate and determine whether the investment manager has complied with the investment management agreement and this section as it relates to investments; and,(E) A duty to investigate any other factors which may bear on whether the investment manager is suitable.(b) Agreements between the electric utility and the institutional trustee or investment manager.(1) The utility must execute an agreement with the institutional trustee. The agreement must include the restrictions in subparagraphs (A) - (E) of this paragraph and may include additional restrictions on the trustee. An electric utility must not grant the trustee powers that are greater than those provided to trustees under the Texas Trust Code or that are inconsistent with the limitations of this section.(A) The interest earned on the corpus of the trust becomes part of the trust corpus. A trustee owes the same duties with regard to the interest earned on the corpus as are owed with regard to the corpus of the trust.(B) A trustee must have a continuing duty to review the trust portfolio for compliance with investment guidelines and governing regulations.(C) A trustee must not lend funds from the decommissioning trust with itself, its officers, or its directors.(D) A trustee must not invest or reinvest decommissioning trust funds in instruments issued by the trustee, except for time deposits, demand deposits, or money market accounts of the trustee. However, investments of a decommissioning trust may include mutual funds that contain securities issued by the trustee if the securities of the trustee constitute no more than five percent of the fair market value of the assets of such mutual funds at the time of the investment.(E) The agreement must comply with all applicable requirements of the Nuclear Regulatory Commission.(2) The utility must execute an agreement with the investment manager. (If the trustee performs investment management functions, the contractual provisions governing those functions must be included in either the trust agreement or a separate investment management agreement.) The agreement must include the restrictions set forth in subparagraphs (A) - (E) of this paragraph and may include additional restrictions on the manager. An electric utility must not grant the manager powers that are greater than those provided to trustees under the Texas Trust Code or that are inconsistent with the limitations of this section.(A) An investment manager must, in investing and reinvesting the funds in the trust, comply with subsection (c) of this section.(B) The interest earned on the corpus of the trust becomes part of the trust corpus. An investment manager owes the same duties with regard to the interest earned on the corpus as are owed with regard to the corpus of the trust.(C) An investment manager must have a continuing duty to review the trust portfolio to determine the appropriateness of the investments.(D) An investment manager must not invest funds from the decommissioning trust with itself, its officers, or its directors.(E) The agreement must comply with all applicable requirements of the Nuclear Regulatory Commission.(3) A copy of the trust agreement, any investment management agreement, and any amendments must be filed with the commission within 30 days after the execution or modification of the agreement, and copies provided to the commission's Legal Division and Rate Regulation Division and the Office of Public Utility Counsel. All previously executed agreements and amendments must be filed within 30 days of the effective date of this section.(4) Within 90 days after the effective date of this section, a utility that is a party to a trust agreement or an investment management agreement that is not in compliance with this section must revise the agreement to comply with this section.(c) Trust investments.(1) Investment portfolio goals. The funds should be invested consistent with the following goals. The utility may apply additional prudent investment goals to the funds so long as they are not inconsistent with the stated goals of this subsection.(A) The funds should be invested with a goal of earning a reasonable return commensurate with the need to preserve the value of the assets of the trusts.(B) In keeping with prudent investment practices, the portfolio of securities held in the decommissioning trust must be diversified to the extent reasonably feasible given the size of the trust.(C) Asset allocation and the acceptable risk level of the portfolio should take into account market conditions, the time horizon remaining before the commencement and completion of decommissioning, and the funding status of the trust. While maintaining an acceptable risk level consistent with the goal in subparagraph (A) of this paragraph, the investment emphasis when the remaining life of the liability, as defined in paragraph (2)(F)(iv) of this subsection, exceeds five years should be to maximize net long-term earnings. The investment emphasis in the remaining investment period of the trust should be on current income and the preservation of the fund's assets.(D) In selecting investments, the impact of the investment on the portfolio's volatility and expected return net of fees, commissions, expenses and taxes should be considered.(2) General requirements. The following requirements must apply to all decommissioning trusts. Where a utility has multiple trusts for a single generating unit, the restrictions contained in this subsection apply to all trusts in the aggregate for that generating unit. For purposes of this section, a commingled fund is defined as a professionally managed investment fund of fixed-income or equity securities established by an investment company regulated by the Securities Exchange Commission or a bank regulated by the Office of the Comptroller of the Currency.(A) Fees limitation. The total trustee and investment manager fees paid on an annual basis by the utility for the entire portfolio including commingled funds must not exceed 0.7% of the entire portfolio's average annual balance.(B) Diversification. For the purpose of this subparagraph, a commingled or mutual fund is not considered a security; rather, the diversification standard applies to all securities, including the individual securities held in commingled or mutual funds. Once the portfolio of securities (including commingled funds) held in the decommissioning trust(s) contains securities with an aggregate value in excess of $20 million, it must be diversified such that:(i) no more than 5.0 % of the securities held may be issued by one entity, with the exception of the federal government, its agencies and instrumentalities, and;(ii) the portfolio must contain at least 20 different issues of securities. Municipal securities and real estate investments must be diversified as to geographic region.(C) Qualified trusts. The utility may invest the decommissioning funds by means of qualified or unqualified nuclear decommissioning trusts; however, the utility must, to the extent permitted by the Internal Revenue Service, invest its decommissioning funds in \"qualified\" nuclear decommissioning trusts, in accordance with the Internal Revenue Service Code §468A.(D) Derivatives. The use of derivative securities in the trust is limited to those whose purpose is to enhance returns of the trust without a corresponding increase in risk or to reduce risk of the portfolio. Derivatives may not be used to increase the value of the portfolio by any amount greater than the value of the underlying securities. Prohibited derivative securities include, but are not limited to, mortgage strips; inverse floating rate securities; leveraged investments or internally leveraged securities; residual and support tranches of Collateralized Mortgage Obligations; tiered index bonds or other structured notes whose return characteristics are tied to non-market events; uncovered call/put options; large counter-party risk through over-the-counter options, forwards and swaps; and instruments with similar high-risk characteristics.(E) The use of leverage (borrowing) to purchase securities or the purchase of securities on margin for the trust is prohibited.(F) Investment limits in equity securities. The following investment limits must apply to the percentage of the aggregate market value of all non-fixed income investments relative to the total portfolio market value.(i) Except as noted in clause (ii), when the weighted average remaining life of the liability exceeds 5 years, the equity cap is 60%;(ii) When the weighted average remaining life of the liability ranges between 5 years and 2.5 years, the equity cap must be 30%. Additionally, during all years in which expenditures for decommissioning the nuclear units occur, the equity cap must also be 30%;(iii) When the weighted average remaining life of the liability is less than 2.5 years, the equity cap must be 0%;(iv) For purposes of this subparagraph, the weighted average remaining life in any given year is defined as the weighted average of years between the given year and the years of each decommissioning outlay, where the weights are based on each year's expected decommissioning expenditures divided by the amount of the remaining liability in that year; and(v) Should the market value of non-fixed income investments, measured monthly, exceed the appropriate cap due to market fluctuations, the utility must, as soon as practicable, reduce the market value of the non-fixed income investments below the cap. Such reductions may be accomplished by investing all future contributions to the fund in debt securities as is necessary to reduce the market value of the non-fixed income investments below the cap, or if prudent, by the sale of equity securities.(G) A decommissioning trust must not invest in securities issued by the electric utility collecting the funds or any of its affiliates; however, investments of a decommissioning trust may include commingled funds that contain securities issued by the electric utility if the securities of the utility constitute no more than 5.0% of the fair market value of the assets of such commingled funds at the time of the investment.(3) Specific investment restrictions. The following restrictions must apply to all decommissioning trusts. Where a utility has multiple trusts for a single generating unit, the restrictions contained in this subsection apply to all trusts in the aggregate for that generating unit.(A) Fixed-income investments. A decommissioning trust must not invest trust funds in corporate or municipal debt securities that have a bond rating below investment grade (below \"BBB-\" by Standard and Poor's Corporation or \"Baa3\" by Moody's Investor's Service) at the time that the securities are purchased and must reexamine the appropriateness of continuing to hold a particular debt security if the debt rating of the company in question falls below investment grade at some time after the debt security has been purchased. Commingled funds may contain some below investment grade bonds; however, the overall portfolio of debt instruments must have a quality level, measured quarterly, not below a \"AA\" grade by Standard and Poor's Corporation or \"Aa2\" by Moody's Investor's Service. In calculating the quality of the overall portfolio, debt securities issued by the federal government must be considered as having a \"AAA\" rating.(B) Equity investments.(i) At least 70% of the aggregate market value of the equity portfolio, including the individual securities in commingled funds, must have a quality ranking from a major rating service such as the earnings and dividend ranking for common stock by Standard and Poor's or the quality rating of Ford Investor Services. Further, the overall portfolio of ranked equities must have a weighted average quality rating equivalent to the composite rating of the Standard and Poor's 500 index assuming equal weighting of each ranked security in the index. If the quality rating, measured quarterly, falls below the minimum quality standard, the utility must as soon as practicable and prudent to do so, increase the quality level of the equity portfolio to the required level.(ii) A decommissioning trust must not invest in equity securities where the issuer has a capitalization of less than $100 million.(C) Commingled funds. The following guidelines must apply to the investments made through commingled funds. Examples of commingled funds appropriate for investment by nuclear decommissioning trust funds include United States equity-indexed funds, actively managed United States equity funds, balanced funds, bond funds, real estate investment trusts, and international funds.(i) The commingled funds should be selected consistent with the goals specified in paragraph (1) and the requirements in paragraph (2) of this subsection.(ii) In evaluating the appropriateness of a particular commingled fund, the utility has the following duties, which must be of a continuing nature:(I) A duty to determine whether the fund manager's fee schedule for managing the fund is reasonable, when compared to fee schedules of other such managers;(II) A duty to investigate and determine whether the past performance of the investment manager in managing the commingled fund has been reasonable relative to prudent investment and utility decommissioning trust practices and standards; and(III) A duty to investigate the reasonableness of the net after-tax return and risk of the fund relative to similar funds, and the appropriateness of the fund within the entire decommissioning trust investment portfolio.(iii) The payment of load fees must be avoided.(iv) Commingled funds focused on specific market sectors or concentrated in a few holdings must be used only as necessary to balance the trust's overall investment portfolio mix.", "sourceNote": "Source Note: The provisions of this §25.301 adopted to be effective June 18, 1998, 23 TexReg 6222; amended to be effective July 19, 2023, 48 TexReg 3900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117411", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "NUCLEAR DECOMMISSIONING" }, "rule": { "number": "§25.303", "label": "Nuclear Decommissioning Following the Transfer of Texas Jurisdictional Nuclear Generating Plant Assets" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165703", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this rule is to:(1) delineate the rights and obligations of the transferor and the Transferee Companies involved in a transfer of Texas jurisdictional nuclear generating plant assets for which decommissioning funds will continue to be collected from retail customers pursuant to Public Utility Regulatory Act (PURA) §39.205, as well as the obligations of the utility responsible for collecting the decommissioning funds;(2) prescribe a utility's continuing responsibility for collecting funds through its rates for nuclear decommissioning trust funds for the benefit of the Transferee Company;(3) protect the nuclear decommissioning trust funds so that the funds collected from customers through the Collecting Utility's nonbypassable charge, plus the amounts earned from investment of the funds, will be available for decommissioning, in the event of a transfer of the nuclear decommissioning trust funds;(4) minimize the amounts collected from customers for nuclear decommissioning by maximizing net earnings on the nuclear decommissioning trust funds through prudent investment of such funds, in accordance with the guidelines set out in subsection (e)(3)(A)(iii) of this section, and achieving optimum tax efficiency, in accordance with subsection (e)(3)(B)(iii) of this section.(b) Application. This rule supersedes §25.231(b)(1)(F) of this title (relating to Cost of Service) and §25.301 of this title (relating to Nuclear Decommissioning Trusts) for electric utilities that have completed their business separation pursuant to PURA §39.051 or that otherwise transfer Texas jurisdictional nuclear generating plant assets, including the associated nuclear decommissioning trust funds, to another entity. This rule applies to:(1) an electric utility or a power generation company that transfers its Texas jurisdictional nuclear generating plant assets, including any associated nuclear decommissioning trust funds, to another entity;(2) a utility that is responsible for collecting revenue for the decommissioning of Texas jurisdictional nuclear generating plant assets that have been transferred to another entity; and(3) a Transferee Company.(c) Definitions.(1) Transferor Company--An electric utility, its successor in interest, or any power generation company that transfers Texas jurisdictional nuclear generating plant assets, including any associated nuclear decommissioning trust funds collected from customers.(2) Transferee Company--An entity or its successor in interest to which Texas jurisdictional nuclear decommissioning generating plant assets, including the associated nuclear decommissioning trust funds, are transferred from a Transferor Company. For purposes of this section, a municipality or an electric cooperative may be a Transferee Company.(3) Collecting Utility--The electric utility or transmission and distribution utility responsible for collecting the decommissioning funds from customers and depositing them into the nuclear decommissioning trust funds. The Collecting Utility may or may not be the Transferor Company.(4) Nuclear Decommissioning Trust Funds--Funds that are contained in one or more external and irrevocable trusts created for the purpose of protecting and holding revenue collected under cost-of-service rate regulation to cover the costs of decommissioning a Texas jurisdictional nuclear generating plant at the end of its useful life.(5) Decommissioning Funds Collection Agreement--An agreement between or agreements among the Collecting Utility, the Transferor Company (if different from the Collecting Utility), and the Transferee Company that govern the transfer of responsibility for administration of the nuclear decommissioning trust funds, the collection of decommissioning revenues from utility customers, and the remittance of the funds to the nuclear decommissioning trust.(d) Transfer of Nuclear Decommissioning Trust Funds.(1) Prior to the closing of any transaction involving the transfer of nuclear decommissioning trust funds:(A) The Collecting Utility, the Transferor Company (if different from the Collecting Utility), and the Transferee Company shall jointly submit for the commission's review the proposed decommissioning funds collection agreement(s) and the proposed agreements with the institutional trustee and investment manager(s) of the decommissioning trust, and copies shall be provided to the commission's Legal and Enforcement Division and Financial Review Division. The Collecting Utility or Transferee Company may request the transfer of responsibility for administration of the nuclear decommissioning trust funds to the Transferee Company in a contested case proceeding pursuant to subsection (d)(6)(E) of this section at the time of submission of such agreements or anytime thereafter.(B) In connection with the submission required in subparagraph (A) of this paragraph, the Transferee Company shall submit an affidavit, signed under oath by an authorized officer of the Transferee Company, certifying that once the transfer of administration of the Nuclear Decommissioning Trust Funds is ordered by the commission, the transferred funds and the future contributions to the funds will be administered in accordance with subsection (e) of this section and that the company will not challenge the authority of the commission to enforce its rules that shall be adopted from time to time relating to the collection, investment and use of the funds provided by Collecting Utility customers for nuclear decommissioning.(2) For transfers of Nuclear Decommissioning Trust Funds that occurred before this rule took effect, the executed decommissioning funds collection agreement(s) and agreements with the institutional trustee and investment manager(s) shall be filed at the commission within 15 days of the effective date of this rule, unless such agreements have previously been filed with the commission. If such agreements must be amended to comply with this section, the amended agreements must take effect on or before the Collecting Utility's next general rate proceeding or a rate proceeding under subsection (g) of this section, whichever occurs first.(3) Prior to executing an amended decommissioning funds collection agreement or amended agreement with the institutional trustee or investment managers, the proposed amended agreement shall be filed at the commission for review along with a redlined version showing all changes made since the document was reviewed by the commission, and copies shall be provided to the commission's Legal and Enforcement Division and Financial Review Division.(4) A Transferee Company shall maintain one or more irrevocable trusts external to the Transferee Company for the purpose of receiving the nuclear decommissioning revenues collected under cost-of-service rate regulation. The Transferee Company shall be named as beneficiary of each such trust. If the Transferee Company has an existing trust for the same generating unit in which an interest is being transferred that is funded by a set of ratepayers entirely distinct from that of the Collecting Utility's ratepayers, or funded by other sources, a separate trust or separate subaccount shall be maintained that will segregate the decommissioning funds received from the Collecting Utility, and any earnings thereon, from the nuclear decommissioning trust funds received from other sources. There shall be no commingling of any decommissioning funds received from the Collecting Utility with any other trust or subaccount containing nuclear decommissioning trust funds received from any other set of ratepayers or other sources. If a single trust with subaccounts is utilized to hold the decommissioning funds, the Transferee Company shall cause to be performed an independent audit of all said subaccounts and shall otherwise act to recognize the interests of different sets of ratepayers as may reasonably be requested by the commission.(5) The Collecting Utility, the Transferor Company (if different from the Collecting Utility) and the Transferee Company shall execute a decommissioning funds collection agreement. The agreement shall provide that the Transferor Company's rights to accumulated and future decommissioning funds and the responsibilities for decommissioning of the nuclear plant shall be transferred to the Transferee Company upon closing of the transaction. The decommissioning funds collection agreement may provide for the remittance by the Collecting Utility of levelized periodic payments based on the most recent annual decommissioning funding amount approved by the commission or the actual amounts of nonbypassable decommissioning charges collected by the Collecting Utility during each applicable remittance period, or for such other remittance arrangement as the commission concludes is reasonable and consistent with the purposes of this section. In the selection of a remittance arrangement, the parties to the decommissioning funds collection agreement shall consider the impact on optimum tax efficiency pursuant to subsection (e)(3)(B)(iii).(6) After the Collecting Utility, the Transferor Company (if different from the Collecting Utility), and Transferee Company have filed a request for a commission review of the agreements filed pursuant to subsection (d)(1)(A) or (d)(3) of this section:(A) The commission staff will recommend approval, amendment, or disapproval of the agreements within 60 days of receipt of the request.(B) If the commission staff recommends approval, and no motions for intervention have been filed, the commission shall promptly approve the request;(C) If the commission staff recommends amendment, within 14 days after staff's recommendation the filing parties shall either file amended agreements incorporating the amendments, request review of alternative language, or request a hearing.(D) If the applicants file amended agreements incorporating the staff recommendations, and there is no motion to intervene filed, the commission shall promptly approve the amended request.(E) If the commission staff recommends denial, if the applicants request a hearing, or if the applicants do not file amended agreements incorporating staff's recommendations within 14 days pursuant to subsection (d)(6)(C), the request shall be docketed as a contested case proceeding to approve, modify, or reject the agreements. The commission will issue an order within 120 days of the initiation of a contested case proceeding. In considering whether or not to approve the decommissioning funds collection agreement, the commission may consider the impact on customers including any impact on federal income taxes related to the nuclear decommissioning trust funds, the ability of the Transferee Company to administer the trust, any investment restrictions on the Transferee Company, the ability of the commission to enforce its rules over the administrator of the funds, and any other relevant factors.(F) An agreement filed pursuant to subsection (d)(1)(A) and (d)(3) of this section shall be filed at the commission within 15 days of the execution of the agreement.(7) Absent a commission order to the contrary, the Collecting Utility shall be the administrator of the nuclear decommissioning trust funds established or maintained by the Transferee Company and shall be responsible for administering the funds in accordance with subsection (e) of this section.(8) Upon the issuance of an order from the commission releasing the Collecting Utility from the obligation to administer the nuclear decommissioning trust funds, the Transferee Company that owns the nuclear decommissioning trust funds shall become the administrator of such funds in accordance with subsection (e) of this section.(e) Administration of the Nuclear Decommissioning Trust Funds.(1) Duties of funds administrator.(A) Each funds administrator of Nuclear Decommissioning Trust Funds shall assure that the Nuclear Decommissioning Trust Funds are managed so that the funds are secure and are invested consistent with the goals in this subsection; and so that the funds provided from the Collecting Utility's nonbypassable charge, plus the amounts earned from investment of the funds, will be available at the time of decommissioning.(B) The funds administrator shall appoint one or more institutional trustees and may appoint one or more investment managers. Unless otherwise specified in paragraph (2) of this subsection, the Texas Trust Code controls the administration and management of the Nuclear Decommissioning Trust Funds, except that the appointed trustees need not be qualified to exercise trust powers in Texas. If the Collecting Utility is the acting funds administrator, the selection or replacement of such trustees and investment managers shall be made in consultation with the Transferee Company. The agreements with such trustees and investment managers shall require that any reports regarding the trust funds given to the fund administrator shall also be given to the Transferee Company, if different from the fund administrator.(C) The funds administrator shall retain the right to replace the trustees with or without cause. In appointing a trustee, the funds administrator shall have the following duties, which will be of a continuing nature:(i) A duty to determine whether the trustee's fee schedule for administering the trust is reasonable, when compared to other institutional trustees rendering similar services, and meets the requirement of paragraph (3)(B)(i) of this subsection;(ii) A duty to investigate and determine whether the past administration of trusts by the trustee has been reasonable;(iii) A duty to investigate and determine whether the financial stability and strength of the trustee is adequate;(iv) A duty to investigate and determine whether the trustee has complied with the trust agreement and this section as it relates to trustees; and,(v) A duty to investigate any other factors which may bear on whether the trustee is suitable.(D) The funds administrator shall retain the right to replace the investment managers with or without cause. In appointing an investment manager, the funds administrator shall have the following duties, which will be of a continuing nature:(i) A duty to determine whether the investment manager's fee schedule for investment management services is reasonable, when compared to other such managers, and meets the requirement of paragraph (3)(B)(i) of this subsection;(ii) A duty to investigate and determine whether the past performance of the investment manager in managing investments has been reasonable;(iii) A duty to investigate and determine whether the financial stability and strength of the investment manager is adequate for purposes of liability;(iv) A duty to investigate and determine whether the investment manager has complied with the investment management agreement and this section as it relates to investments; and,(v) A duty to investigate any other factors which may bear on whether the investment manager is suitable.(2) Agreements between the fund administrator and the institutional trustee or investment manager.(A) The fund administrator shall execute an agreement with each institutional trustee. The agreement shall include the restrictions in subparagraphs (A)(i)-(v) of this paragraph and may include additional restrictions on the trustee. A fund administrator shall not grant such trustee powers that are greater than those provided to trustees under the Texas Trust Code or that are inconsistent with the limitations of this section.(i) The interest earned on the corpus of the trust becomes part of the trust corpus. A trustee owes the same duties with regard to the interest earned on the corpus as are owed with regard to the corpus of the trust.(ii) A trustee shall have a continuing duty to review the trust portfolio for compliance with investment guidelines and governing regulations.(iii) A trustee shall not lend funds from the decommissioning trust to itself, its officers, or its directors.(iv) A trustee shall not invest or reinvest decommissioning trust funds in instruments issued by the trustee, except for time deposits, demand deposits, or money market accounts of the trustee. However, investments of a decommissioning trust may include mutual funds that contain securities issued by the trustee if the securities of the trustee constitute no more than five percent of the fair market value of the assets of such mutual funds at the time of the investment.(v) The agreement shall comply with all applicable requirements of the Nuclear Regulatory Commission.(B) The fund administrator shall execute an agreement with each investment manager. (If the trustee performs investment management functions, the contractual provisions governing those functions must be included in either the trust agreement or a separate investment management agreement.) The agreement shall include the restrictions set forth in subparagraphs (B)(i)-(v) of this paragraph and may include additional restrictions on the manager. A funds administrator shall not grant the manager powers that are greater than those provided to trustees under the Texas Trust Code or that are inconsistent with the limitations of this section.(i) An investment manager shall, in investing and reinvesting the funds in the trust, comply with paragraph (3) of this subsection.(ii) The interest earned on the corpus of the trust becomes part of the trust corpus. An investment manager owes the same duties with regard to the interest earned on the corpus as are owed with regard to the corpus of the trust.(iii) An investment manager shall have a continuing duty to review the trust portfolio to determine the appropriateness of the investments.(iv) An investment manager shall not invest funds from the decommissioning trust with itself, its officers, or its directors.(v) The agreement shall comply with all applicable requirements of the Nuclear Regulatory Commission.(3) Trust investments.(A) Investment portfolio goals. The Nuclear Decommissioning Trust Funds should be invested consistent with the following goals. The funds administrator may apply additional prudent investment goals to the funds so long as they are not inconsistent with the stated goals of this subsection.(i) The funds should be invested with a goal of earning a reasonable return commensurate with the need to preserve the value of the assets of the trusts.(ii) In keeping with prudent investment practices, the portfolio of securities held in the decommissioning trust shall be diversified to the extent reasonably feasible given the size of the trust.(iii) Asset allocation and the acceptable risk level of the portfolio should take into account market conditions, the time horizon remaining before the commencement and completion of decommissioning, and the funding status of the trust. While maintaining an acceptable risk level consistent with the goal in subparagraph (A)(i) of this paragraph, the investment emphasis when the remaining life of the liability, as defined in subparagraph (B)(vi)(IV) of this paragraph, exceeds five years should be to maximize net long-term earnings. The investment emphasis in the remaining investment period of the trust should be on current income and the preservation of the fund's assets.(iv) In selecting investments, the impact of the investment on the portfolio's volatility and expected return net of fees, commissions, expenses, and taxes should be considered.(B) General requirements. The following requirements shall apply to all Nuclear Decommissioning Trust Funds. Where a Transferee Company has multiple Nuclear Decommissioning Trust Funds for a single generating unit, the restrictions contained in this subsection apply to all such trusts in the aggregate for that generating unit. For purposes of this section, a commingled fund is defined as a professionally managed investment fund of fixed-income or equity securities established by an investment company regulated by the Securities Exchange Commission or a bank regulated by the Office of the Comptroller of the Currency.(i) Fees limitation. The total trustee and investment manager fees paid on an annual basis by the fund administrator from the trust for the entire portfolio including commingled funds shall not exceed 0.7% of the entire portfolio's average annual balance.(ii) Diversification. For the purpose of this subparagraph, a commingled or mutual fund is not considered a security; rather, the diversification standard applies to all securities, including the individual securities held in commingled or mutual funds. Once the portfolio of securities (including commingled funds) held in the decommissioning trust(s) contains securities with an aggregate value in excess of $20 million, it shall be diversified such that:(I) no more than 5.0% of the securities held may be issued by one entity, with the exception of the federal government, its agencies and instrumentalities, and;(II) the portfolio shall contain at least 20 different issues of securities. Municipal securities and real estate investments shall be diversified as to geographic region.(iii) Optimum tax efficiency. The fund administrator may invest the decommissioning funds by means of tax exempt, \"qualified\" or \"unqualified\" nuclear decommissioning trusts; however, the fund administrator shall, to the extent permitted by the Internal Revenue Service, invest any taxable decommissioning funds in \"qualified\" nuclear decommissioning trusts, in accordance with the Internal Revenue Code §468A (or any successor thereto). The fund administrator shall avoid, whenever possible, the investment of taxable decommissioning funds in \"unqualified\" nuclear decommissioning trusts.(iv) Derivatives. The use of derivative securities in the trust is limited to those whose purpose is to enhance returns of the trust without a corresponding increase in risk or to reduce risk of the portfolio. Derivatives may not be used to increase the value of the portfolio by any amount greater than the value of the underlying securities. Prohibited derivative securities include, but are not limited to, mortgage strips; inverse floating rate securities; leveraged investments or internally leveraged securities; residual and support tranches of Collateralized Mortgage Obligations; tiered index bonds or other structured notes whose return characteristics are tied to non-market events; uncovered call/put options; large counter-party risk through over-the-counter options, forwards and swaps; and instruments with similar high-risk characteristics.(v) The use of leverage (borrowing) to purchase securities or the purchase of securities on margin for the trust is prohibited.(vi) Investment limits in equity securities. The following investment limits shall apply to the percentage of the aggregate market value of all non-fixed income investments relative to the total portfolio market value.(I) Except as noted in subclause (II) of this clause, when the weighted average remaining life of the liability exceeds five years, the equity cap is 60%.(II) When the weighted average remaining life of the liability ranges between five years and two and a half years, the equity cap shall be 30%. Additionally, during all years in which expenditures for decommissioning the nuclear units occur, the equity cap shall also be 30%.(III) When the weighted average remaining life of the liability is less than two and a half years, the equity cap shall be 0%.(IV) For purposes of this subparagraph, the weighted average remaining life in any given year is defined as the weighted average of years between the given year and the years of each decommissioning outlay, where the weights are based on each year's expected decommissioning expenditures divided by the amount of the remaining liability in that year.(V) Should the market value of non-fixed income investments, measured monthly, exceed the appropriate cap due to market fluctuations, the fund administrator shall, as soon as practicable, reduce the market value of the non-fixed income investments below the cap. Such reductions may be accomplished by investing all future contributions to the fund in debt securities as is necessary to reduce the market value of the non-fixed income investments below the cap, or if prudent, by the sale of equity securities.(vii) A decommissioning trust shall not invest in securities issued by the Transferee Company or the Collecting Utility collecting the funds or any of their respective affiliates; however, investments of a decommissioning trust may include commingled funds that contain securities issued by the Transferee Company or Collecting Utility if the securities of such company or utility constitute no more than 5.0% of the fair market value of the assets of such commingled funds at the time of the investment.(C) Specific investment restrictions. The following restrictions shall apply to all decommissioning trusts. Where a Transferee Company has multiple Nuclear Decommissioning Trust Funds for a single generating unit, the restrictions contained in this subsection apply to all such trusts in the aggregate for that generating unit.(i) Fixed-income investments. A decommissioning trust shall not invest trust funds in corporate or municipal debt securities that have a bond rating below investment grade (below \"BBB-\" by Standard and Poor's Corporation or \"Baa3\" by Moody's Investor's Service) at the time that the securities are purchased and shall reexamine the appropriateness of continuing to hold a particular debt security if the debt rating of the company in question falls below investment grade at some time after the debt security has been purchased. Commingled funds may contain some below-investment-grade bonds; however, the overall portfolio of debt instruments shall have a quality level, measured quarterly, not below an \"AA\" grade by Standard and Poor's Corporation or \"Aa2\" by Moody's Investor's Service. In calculating the quality of the overall portfolio, debt securities issued by the federal government shall be considered as having an \"AAA\" rating.(ii) Equity investments.(I) At least 70% of the aggregate market value of the equity portfolio, including the individual securities in commingled funds, shall have a quality ranking from a major rating service, such as the earnings and dividend ranking for common stock by Standard and Poor's or the quality rating of Ford Investor Services. Further, the overall portfolio of ranked equities shall have a weighted average quality rating equivalent to the composite rating of the Standard and Poor's 500 index assuming equal weighting of each ranked security in the index. If the quality rating, measured quarterly, falls below the minimum quality standard, the fund administrator shall as soon as practicable and prudent to do so, increase the quality level of the equity portfolio to the required level.(II) A decommissioning trust shall not invest in equity securities where the issuer has a capitalization of less than $100 million.(iii) Commingled funds. The following guidelines shall apply to the investments made through commingled funds. Examples of commingled funds appropriate for investment by nuclear decommissioning trust funds include United States equity-indexed funds, actively managed United States equity funds, balanced funds, bond funds, real estate investment trusts, and international funds.(I) The commingled funds should be selected consistent with the goals specified in paragraph (1) and the requirements in paragraph (2) of this subsection.(II) In evaluating the appropriateness of a particular commingled fund, the fund administrator has the following duties, which shall be of a continuing nature:(-a-) A duty to determine whether the fund manager's fee schedule for managing the fund is reasonable, when compared to fee schedules of other such managers;(-b-) A duty to investigate and determine whether the past performance of the investment manager in managing the commingled fund has been reasonable relative to prudent investment and utility decommissioning trust practices and standards; and(-c-) A duty to investigate the reasonableness of the net after-tax return and risk of the fund relative to similar funds, and the appropriateness of the fund within the entire decommissioning trust investment portfolio.(III) The payment of load fees shall be avoided.(IV) Commingled funds focused on specific market sectors or concentrated in a few holdings shall be used only as necessary to balance the trust's overall investment portfolio mix.(f) Periodic Reviews of Decommissioning Costs and Nuclear Decommissioning Trust Funds.(1) Following a transfer of Texas jurisdictional nuclear generating plant assets, including the associated Nuclear Decommissioning Trust Funds, any remaining costs associated with nuclear decommissioning obligations shall remain subject to cost-of-service regulation based on a periodic review of such costs pursuant to subsections (f)(3) or (g)(4) of this section. The reasonable and necessary nuclear decommissioning costs as periodically approved by the commission shall continue to be included as a nonbypassable charge of the Collecting Utility associated with the Texas jurisdictional nuclear plant asset. Subsection (g) of this section shall apply to such charges by a Collecting Utility.(2) The Transferee Company shall periodically perform, or cause to be performed, a study of the decommissioning costs of each Texas jurisdictional nuclear generating unit it owns or in which it leases an interest. A study or re-determination of the previous study shall be performed at least every five years, starting from the date of the most recent decommissioning cost study for the plant on file with the commission. The study or re-determination shall consider the most current and reasonably available information on the cost of decommissioning. A copy of the study or re-determination along with an updated funding analysis shall be filed with the commission and copies provided to the commission's Financial Review Division and the Office of Public Utility Counsel. The funding analysis shall be based on the most current information reasonably available for the cost of decommissioning, an allowance for contingencies of 10% of the cost of decommissioning, the balance of funds in the decommissioning trusts, anticipated escalation rates, the anticipated after-tax return on the funds in the trust, and other relevant factors. The funding analysis shall be accompanied by a description of the assumptions used in the analysis and shall calculate the required annual funding amount necessary to ensure sufficient funds to decommission the nuclear generating plant at the end of its useful life.(3) The commission, on its own motion or on the motion of the Legal and Enforcement Division, the Office of Public Utility Counsel, or any affected person, may initiate a proceeding to review the Transferee Company's trust balances, compliance with this section, or the annual funding amount. The Transferee Company shall provide any information required to conduct the review upon request in accordance with the commission's procedural rules.(4) During each periodic review of decommissioning costs, the following evidence shall be provided:(A) The Transferee Company shall file the periodic cost study described in paragraph (2) of this subsection, along with an updated decommissioning funding analysis described in paragraph (2) of this subsection, within 90 days of completion of the periodic cost study. The cost study and funding analysis shall be accompanied by a report or testimony supporting the analyses and the requested annual funding amount.(B) The Nuclear Decommissioning Trust Funds administrator shall demonstrate that the decommissioning funds are being invested prudently and in compliance with the investment guidelines in subsection (e) of this section.(C) To the extent the Transferee Company is subject to investment restrictions that are more restrictive than the decommissioning investment guidelines in subsection (e) of this section, the Transferee Company (or the funds administrator and the Transferee Company, if different) shall demonstrate their efforts to obtain relief from such investment restrictions in order to permit investments in accordance with the guidelines in subsection (e) of this section.(D) The Transferee Company (or the funds administrator and the Transferee Company, if different) shall demonstrate efforts to achieve optimum tax efficiency as defined in subsection (e)(3)(B)(iii) of this section, including, as applicable, maintenance of tax-exempt status or efforts to achieve \"qualified\" status in accordance with Internal Revenue Code §468A (or any successor thereto) with respect to its taxable nuclear decommissioning trust funds.(5) Within 90 days after completion of decommissioning the nuclear generating plant, the Transferee Company shall file a request for a final reconciliation proceeding at the commission. Any funds remaining in the trust after the completion of decommissioning shall be refunded to customers in a manner determined by the commission. If the reasonable and necessary costs of decommissioning exceed the amount available in the trust, the excess costs will be recovered through a nonbypassable charge approved by the commission if the Transferee Company has substantially complied with this section and prudently managed the decommissioning process.(6) The Transferee Company shall file an annual report on May 15 of each year to report the status of the decommissioning trust fund using a form approved by the commission.(7) The Collecting Utility, as part of its annual earnings report, shall report the amounts and dates of the deposits into the Nuclear Decommissioning Trust Funds and, if different, the revenues received from customers for the time intervals corresponding to each deposit.(g) Collecting Utility rate proceedings for decommissioning charges.(1) A Collecting Utility that has decommissioning expenses embedded as part of a bundled rate shall apply to have its current level of decommissioning funding removed from its general rates and stated as a separate nonbypassable charge.(A) In the case of a transfer of Texas jurisdictional nuclear generating plant assets to a non-affiliated entity, the request shall be made no later than 30 days following the closing of the transaction. The nonbypassable charge shall be based on the funding level and the rate class allocation methodology as approved in the Collecting Utility's last general rate proceeding. Such proceeding to remove the decommissioning charge from the Collecting Utility's general rates and state it as a separate nonbypassable charge will not constitute a general rate case.(B) In the case of a transfer of Texas jurisdictional nuclear generating plant assets to an affiliated power-generating company, the request for a separate nonbypassable charge shall be made during the first general rate case following the transfer.(2) The Collecting Utility shall deposit the decommissioning revenues into the Nuclear Decommissioning Trust Funds consistent with the terms of the decommissioning funds collection agreement on file with the commission and the most recent commission order authorizing decommissioning collections from customers.(A) The commission may on its own motion or on the motion of the Legal and Enforcement Division, the Office of Public Utility Counsel or any other affected person, initiate a proceeding to discontinue the deposit of decommissioning revenues to the Nuclear Decommissioning Trust Funds if the Transferee Company substantially or repeatedly fails to comply with any provision of this section.(B) If levelized deposits are made into the fund, the following provisions apply.(i) The Collecting Utility shall keep records of its daily receipts from customers once a separate nonbypassable charge is set by the commission.(ii) Once the Collecting Utility has implemented a separate nonbypassable charge, it shall request an adjustment in the nonbypassable charge if there is, and is projected to continue to be, a material cumulative over- or under-collection of revenues, including interest, greater than or equal to 15% of the most recent annual nuclear decommissioning funding amount approved by the commission. The request shall be based on the difference between the actual cumulative decommissioning charge revenues collected from customers and the cumulative amount authorized to be collected since the last rate adjustment, including interest calculated in accordance with §25.236(e)(1) of this title (relating to Recovery of Fuel Costs). The calculated over- or under-recovery amount will be applied to the commission-authorized annual amount to determine the required nonbypassable charge.(C) If deposits to the nuclear decommissioning trust funds are less frequent than weekly, an implied interest calculation shall be used in setting the decommissioning charge to account for the Collecting Utility's short term use of the funds.(3) Upon the issuance of a commission order under subsection (f)(3) or (g)(4) of this section in which the commission determines that the annual funding amount required for nuclear decommissioning for a particular plant has increased or decreased and should be adjusted, the Collecting Utility shall file a rate application within 45 days solely to adjust the nonbypassable charge. The filing shall provide sales data, a proposed allocation methodology, a proposed tariff, and any other information necessary to implement the commission's order. The commission will issue a final order within 120 days of receipt of the filing. Such rate proceeding will be conducted separately from the Collecting Utility's general rate proceedings.(4) The Transferee Company may elect to request a change in the decommissioning funding level during a general rate case of the Collecting Utility. The Collecting Utility shall give the Transferee Company at least 90 days' notice of an anticipated rate application for its general rates to allow the Transferee Company to prepare a funding analysis to be filed jointly with the Collecting Utility's application.(h) Good cause exception. Upon a showing of good cause, an applicant under this section may request that the commission waive or grant an exception to any requirement of this section.", "sourceNote": "Source Note: The provisions of this §25.303 adopted to be effective October 26, 2004, 29 TexReg 9835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165703", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "NUCLEAR DECOMMISSIONING" }, "rule": { "number": "§25.304", "label": "Nuclear Decommissioning Funding and Requirements for Power Generation Companies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130168", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish the terms for power generation companies (PGCs) that are licensed by the Nuclear Regulatory Commission for using a PGC decommissioning trust to satisfy the financial assurance requirements for decommissioning a nuclear generating unit and to delineate the rights and obligations of PGCs electing to use a commission-approved method for providing funds from Texas customers for decommissioning a nuclear generating unit, as a means of complying with nuclear decommissioning financial assurance requirements.(1) A PGC is not required to use the methods set out in this section and may discontinue the use of the methods set out in this section, if it chooses to satisfy the financial assurance requirements of the federal Nuclear Regulatory Commission by using other methods acceptable to the Nuclear Regulatory Commission.(2) A PGC decommissioning trust established in accordance with this section is separate from a Nuclear Decommissioning Trust created under §25.303 of this title (relating to Nuclear Decommissioning Following the Transfer of Texas Jurisdictional Nuclear Generating Plant Assets).(b) Applicability. A PGC owning all or a portion of a qualifying nuclear generating unit may use a PGC decommissioning trust as an external sinking fund in compliance with this section, provided that the use of the methods of financial assurance set out in this section shall be available only to the first six nuclear generating units the construction of which begins on or after January 1, 2013, and before January 1, 2033, that elect to use a PGC decommissioning trust.(c) Definitions.(1) Decommissioning--includes the safe decommissioning and decontamination of a nuclear generating unit, equipment, and materials consistent with federal Nuclear Regulatory Commission requirements.(2) PGC decommissioning trust--Funds that are contained in one or more external and irrevocable trusts created for the purpose of protecting and holding revenue collected from a PGC to cover the costs of decommissioning a Texas jurisdictional nuclear generating plant at the end of its useful life. A PGC decommissioning trust is a type of external sinking fund that is established and maintained by setting aside funds periodically in an account segregated from the PGC's assets and outside the PGC's administrative control in which the total amount of funds would be sufficient to pay decommissioning costs at the time termination of operations is expected.(3) Retail electric customer--A retail electric customer in a geographic area of Texas in which retail customer choice has been implemented, or a retail electric customer of a municipally-owned utility or electric cooperative that has an agreement to purchase power from a nuclear generating unit.(4) Under construction--A nuclear generating unit for which the PGC has initiated the pouring of safety-related concrete for the reactor building.(d) Application. If a PGC elects to use a PGC decommissioning trust, the PGC shall submit an application to the commission for an order establishing the amount of annual decommissioning funding and approving trust agreements. A PGC may combine applications for more than one qualifying nuclear generating unit. An application must contain the following information:(1) Identification of each nuclear generating unit included in the application;(2) Quantification of the PGC's percentage of ownership of each unit;(3) Decommissioning cost study using the most currently available information on the cost of decommissioning each unit as set out in subsection (h)(2) of this section;(4) Funding analysis identifying the expected amount of annual decommissioning funding determined as set out in subsection (i) of this section;(5) Description of the method to be used to satisfy the state assurance obligation set forth in subsection (k) of this section, including any guarantee agreements, support agreements, credit agreements, or letters of credit or surety bonds;(6) Agreements with an institutional trustee and investment manager to manage the PGC decommissioning trust that are consistent with this section and the terms and conditions required by the federal Nuclear Regulatory Commission; and(7) Projected date for beginning funding of the PGC decommissioning trust, which must be prior to the commencement of initial fuel load and commercial operation of the nuclear generating unit.(e) Commission Review.(1) The commission staff will endeavor to recommend approval, amendment, or disapproval of an application setting annual decommissioning funding and financial agreements to implement the trust requirements within 120 days of receipt of a sufficient application, unless a hearing on the application is required.(2) A request for hearing shall be filed by the date specified by the presiding officer which shall be no more than 60 days after the filing of the application. If a hearing is scheduled, the commission will endeavor to issue a final order within 180 days after the filing of a request for hearing.(3) If no hearing is requested, the commission staff concludes that the application setting annual decommissioning funding and the trust agreements meet all requirements of this section, and the commission staff recommends approval, the application may be approved administratively or informally pursuant to §22.35 of this title (relating to Informal Disposition).(4) If the commission staff recommends an amendment to the funding or trust agreements, within 14 days after filing of staff's recommendation, the PGC shall either file an amended application incorporating the staff's proposed amendments or request a hearing.(5) If no hearing is requested and the PGC files an amended application that meets all requirements of this section and incorporates the staff recommendations, the application may be approved administratively or informally pursuant to §22.35 of this title.(6) If the commission staff recommends denial and the PGC requests a hearing, or if the PGC does not file an amended application incorporating staff's recommendations within 14 days, the request shall be docketed as a contested case proceeding to approve, modify, or reject the application.(f) Order. An order approving the application shall establish the amount of annual funding necessary to meet the decommissioning obligations for the nuclear generating unit over the unit's operating license period as established by the federal Nuclear Regulatory Commission or over a shorter period of time at the election of the PGC.(g) Annual Reports. On or before May 1 of each year, each PGC for which the commission has approved a funding amount and trust agreements under this section shall file an annual report for the prior year using a form approved by the commission. The report shall provide the status of the PGC's decommissioning trusts and any changes in the administration of the trusts, an update of its ability to fund the PGC decommissioning trust; and other information specified by the commission in the form.(h) Periodic Commission Review. At least once every three years the PGC shall file a decommissioning cost study and funding analysis or updates of previous studies using the most current information reasonably available to the PGC.(1) The commission shall review the studies submitted by a PGC and other currently available information using the procedure provided in subsection (e) of this section.(2) During the initial and each periodic review of decommissioning costs, the following information shall be provided:(A) The decommissioning cost study and funding analysis accompanied by a report and testimony supporting the analysis and the requested annual funding amount. The funding analysis shall be based on the most current information reasonably available concerning the cost of decommissioning, an allowance for contingencies of not more than 10% of the cost of decommissioning, the balance of funds in the decommissioning trusts, anticipated escalation rates, the anticipated after-tax return on the funds in the trust, and other relevant factors. In no event will the cost estimate for basic radiological decommissioning be less than the minimum amount required by the federal Nuclear Regulatory Commission. The funding analysis shall be accompanied by a description of the assumptions used in the analysis and shall calculate the required annual funding amount necessary to ensure sufficient funds to decommission the nuclear generating plant at the end of its useful life.(B) A demonstration that the decommissioning funds are being or will be invested prudently and in compliance with the investment guidelines in subsection (o) of this section.(C) A demonstration of efforts to achieve optimum tax efficiency as defined in subsection (o)(2)(C) of this section, including, as applicable, maintenance of tax-exempt status or efforts to achieve \"qualified\" status in accordance with Internal Revenue Code §468A (or any successor thereto) with respect to the PGC's taxable PGC decommissioning trusts.(D) Confirmation that the federal Nuclear Regulatory Commission either has made, or will make, a finding that there is reasonable assurance of the financial qualifications of the PGC, as required by federal regulations.(E) Compliance with the state funding assurance obligation set forth in subsection (k) of this section.(3) The commission shall ensure that the amount of annual decommissioning funding is consistent with the most recent decommissioning cost study and funding analysis, and that the PGC decommissioning trust is adequately funded. The PGC shall update its state assurance obligation to reflect changes in the annual decommissioning funding amount.(i) Annual Decommissioning Funding Amount. The amount of annual decommissioning funding for a PGC decommissioning trust shall be an amount that, based on such factors as the balance of funds in the decommissioning trust, anticipated escalation rates, and anticipated after-tax return on funds in the decommissioning trust, will cover the cost of decommissioning a nuclear generating unit at the end of its operating license period. The amount shall be calculated based on the most current reasonably available information, consistent with the most recent decommissioning cost study, and divided by the remaining years of the license or a shorter period of time at the election of the PGC. The decommissioning cost study and funding analysis shall include the information required by subsection (h)(2)(A) of this section. The commission, on its own motion or on the motion of the commission staff, may initiate a proceeding to review the PGC's trust balances or the annual funding amount. The PGC shall provide any information required to conduct the review in accordance with the commission's procedural rules.(j) Creditworthiness of PGC. For the purposes of the initial application under this section, creditworthiness of the PGC will be established primarily through satisfying the State Assurance Obligation as provided for in subsection (k) of this section.(k) State Assurance Obligation. A PGC using a commission approved PGC decommissioning trust shall provide additional financial assurances that funds will be available to satisfy 16 years of annual decommissioning funding, based on the most recent annual decommissioning funding amount approved by the commission (the state assurance obligation amount). If the remaining funding contribution period is less than 16 years, the state assurance obligation will be based on the remaining number of years of annual decommissioning funding. The state assurance obligation amount will be the discounted value of annual decommissioning funding for the relevant period up to 16 years. Any arrangement for satisfying the state assurance obligation shall permit the trustee of a decommissioning trust to demand payment by any company holding funds or providing an assurance and require the company holding funds or providing an assurance to remit funds to the trust, in accordance with this section. The PGC shall include in its annual report a demonstration of compliance with the requirements of this subsection. The state assurance may be used to provide assurance required by state or federal law for other similar purposes relating to the operation of the facility, such as assurance for the funding to cover estimated operation costs, provided that adequate terms are included to replenish the amounts available under the assurance mechanism if funds are withdrawn for any such other purpose. The state assurance obligation may be accomplished by using one or more of the following methods at the election of the PGC, in the form approved by the commission:(1) A PGC may satisfy the state assurance obligation by depositing the required amount of funds into an escrow account, a government fund, a nuclear decommissioning trust subject to the commission's investment standards set out in this title, or other type of acceptable agreement with an entity whose operations are regulated and examined by a federal or State agency.(2) A PGC may satisfy the state assurance obligation by obtaining a written guarantee or financial support agreement from a direct or higher-tier parent corporation or a corporation with a substantial business relationship with the PGC or by meeting the following standards itself. The guarantee or financial support agreement must be payable to the PGC decommissioning trust. The parent or supporting corporation, or PGC must meet one of the following standards:(A) The parent or supporting corporation, or PGC must have:(i) Tangible net worth of at least 10 times the state assurance amount, excluding the net book value of the nuclear units subject to the state assurance obligation;(ii) Tangible net worth of at least $500 million;(iii) Net working capital of at least 10 times the annual decommissioning funding amount; and(iv) Assets located in the United States amounting to at least 90% of the total assets or at least 10 times the state assurance amount.(B) The parent or supporting corporation, or PGC must be otherwise financially qualified, based upon a finding by the commission that there is reasonable assurance that the parent or supporting corporation will be able to meet its obligations under the guarantee or other agreement.(3) A PGC may satisfy the state assurance obligation by providing an adequate surety, insurance, or other guarantee method that meets the following minimum requirements:(A) A guarantee that the state assurance obligation will be paid to the PGC decommissioning trust upon any default by the PGC in satisfying its annual funding obligation.(B) A surety method may be in the form of a surety bond, letter of credit, or line of credit. Any surety method or insurance used to satisfy the state assurance obligation must contain the following conditions:(i) The surety method or insurance must be open-ended, or, if written for a specified term, such as five years, must be renewed automatically, unless 90 days or more prior to the renewal day the issuer notifies the commission and the PGC of its intention not to renew. The surety or insurance must also provide that the full face amount will be paid to the PGC decommissioning trust automatically prior to the expiration without proof of forfeiture if the PGC fails to provide a replacement acceptable to the commission within 30 days after receipt of notification of cancellation.(ii) The issuer must have a minimum rating of A- by Standard and Poor's Corporation, A3 by Moody's Investor's Service or the equivalent rating from A.M. Best.(iii) The surety or insurance must be payable to the PGC decommissioning trust.(4) A PGC may satisfy the state assurance obligation using any other method acceptable to the commission considering the relative risk factors and creditworthiness attributes of the applicant's financial characteristics to minimize exposure of retail electric customers to default by power generation companies.(5) A PGC shall notify the commission within 10 days of the date of any material change in its ability to meet its state assurance obligation and provide a plan to cure any deficiency if the material change results in a PGC's inability to meet the state assurance obligation. Upon receipt of such notice, the commission may initiate a formal proceeding to review the PGC's ability to meet the state assurance obligation, or take any other action it deems appropriate. The PGC shall provide any information required to conduct the review in accordance with the commission's procedural rules.(l) Annual Funding Obligation. A PGC using a PGC decommissioning trust shall remit annually to the fund the most recent annual decommissioning funding amount required by the commission. A PGC shall make periodic payments according to a schedule submitted to the commission and shall notify the trustee of the decommissioning trust and the commission within 10 days of the date of any failure to make a scheduled payment. The commission shall not consider a PGC to be in default of its annual funding obligation unless it fails to remit the necessary amounts within 60 days of notice of potential default. If a PGC is in default of its annual funding obligation, it shall notify the trustee of the decommissioning trust and the commission within 10 days of the date of the default. If the PGC fails to cure its failure to make scheduled payment within 60 days of the commission notice, the commission may direct the trustee to request that any entity providing state assurance remit annually to the fund the most recent annual decommissioning funding amount required by the commission in accordance with the schedule approved by the commission, including any payments that the PGC has failed to make, until the PGC is not in default or until the assurance is depleted.(m) Funding Shortfall and Unspent Funds.(1) If the PGC fails to meet its annual funding requirements and if the state assurance obligations are insufficient to meet the annual funding obligations or are otherwise not honored, the commission shall determine the manner in which any shortfall in the cost of decommissioning a nuclear generating unit shall be recovered from retail electric customers in the state. For retail electric customers of a municipally-owned utility or an electric cooperative that has an agreement to purchase power from a nuclear generating unit, the amount of the shortfall in the cost of decommissioning the nuclear generating unit that the customers are responsible for is limited to a portion of that shortfall that bears the same proportion to the total shortfall as the amount of electric power generated by the nuclear generating unit and purchased by the municipally-owned utility or electric cooperative bears to the total amount of power generated by the nuclear generating unit.(2) Decommissioning funds that remain unspent after decommissioning of the nuclear generating unit is complete shall be returned to the PGC and the retail electric customers based on the proportionate amount, in real terms, that the PGC and retail electric customers paid into the fund.(3) While the nuclear generating unit is operational, as a condition of operating the generating unit, the PGC or any new owner shall repay the costs the electric customers incurred in a manner determined by the commission. The PGC shall be responsible for accounting for the need for repayment of any decommissioning shortfall amounts paid by customers and shall report such amounts pursuant to subsection (g) of this section. The PGC shall submit a proposal to repay shortfall amounts paid by customers pursuant to subsection (h) of this section. The commission shall review this information using the procedure described in subsection (e) of this section.(n) Administration of the PGC Decommissioning Trust Funds.(1) The PGC shall assure that the PGC decommissioning trust is managed so that the funds are secure and earn a reasonable return; and that the funds provided from the PGC's operating revenues, plus the amounts earned from investment of the funds, will be available at the time of decommissioning.(2) The PGC shall appoint an institutional trustee and may appoint one or more investment managers. Unless otherwise specified in this section, the Texas Trust Code controls the administration and management of the PGC decommissioning trusts, except that the appointed trustees need not be qualified to exercise trust powers in Texas.(3) The PGC shall retain the right to replace the trustee with or without cause. In appointing a trustee, the PGC shall have the following duties, which will be of a continuing nature:(A) A duty to determine whether the trustee's fee schedule for administering the trust is reasonable, when compared to other institutional trustees rendering similar services, and meets the requirement of this section;(B) A duty to investigate and determine whether the past administration of trusts by the trustee has been reasonable;(C) A duty to investigate and determine whether the financial stability and strength of the trustee is adequate;(D) A duty to investigate and determine whether the trustee has complied with the trust agreement and this section as it relates to trustees; and(E) A duty to investigate any other factors that may bear on whether the trustee is suitable.(4) The PGC shall retain the right to replace the investment manager with or without cause. In appointing an investment manager, the PGC shall have the following duties, which will be of a continuing nature:(A) A duty to determine whether the investment manager's fee schedule for investment management services is reasonable, when compared to other such managers, and meets the requirement of this section;(B) A duty to investigate and determine whether the past performance of the investment manager in managing investments has been reasonable;(C) A duty to investigate and determine whether the financial stability and strength of the investment manager is adequate for purposes of liability;(D) A duty to investigate and determine whether the investment manager has complied with the investment management agreement and this section as it relates to investments; and(E) A duty to investigate any other factors which may bear on whether the investment manager is suitable.(5) The PGC shall execute an agreement with the institutional trustee. The agreement shall be consistent with this section and may include additional restrictions on the trustee. A PGC shall not grant the trustee powers that are greater than those provided to trustees under the Texas Trust Code or that are inconsistent with the limitations of this section. The agreement shall include the restrictions set forth in this section and may include additional restrictions on the trustee.(A) The interest or other earnings of the trust become part of the trust corpus.(B) A trustee owes the same duties with regard to the interest and other earnings of the trust as are owed with regard to the corpus of the trust.(C) A trustee shall have a continuing duty to review the trust portfolio for compliance with investment guidelines and governing regulations.(D) A trustee shall not lend funds from the PGC decommissioning trust to itself, its officers, or its directors.(E) A trustee shall not invest or reinvest PGC decommissioning trusts in instruments issued by the trustee, except for time deposits, demand deposits, or money market accounts of the trustee. However, investments of a PGC decommissioning trust may include mutual funds that contain securities issued by the trustee if the securities of the trustee constitute no more than 5% of the fair market value of the assets of such mutual funds at the time of the investment.(F) The agreement shall comply with all applicable requirements of the federal Nuclear Regulatory Commission.(6) The PGC shall execute an agreement with the investment manager. If the trustee performs investment management functions, the contractual provisions governing those functions must be included in either the trust agreement or a separate investment management agreement. A PGC shall not grant the manager powers that are greater than those provided to trustees under the Texas Trust Code or that are inconsistent with the limitations of this section. The agreement shall include the restrictions set forth in this section and may include additional restrictions on the manager.(A) An investment manager shall, in investing and reinvesting the funds in the trust, comply with this section.(B) The interest and other earnings of the trust become part of the trust corpus.(C) An investment manager owes the same duties with regard to the interest and other earnings of the trust as are owed with regard to the corpus of the trust.(D) An investment manager shall have a continuing duty to review the trust portfolio to determine the appropriateness of the investments.(E) An investment manager shall not invest funds from the PGC decommissioning trust with itself, its officers, or its directors.(F) The agreement shall comply with all applicable requirements of the federal Nuclear Regulatory Commission.(7) Prior to executing an amended agreement with the institutional trustee or investment managers, the proposed amended agreement shall be filed at the commission for review along with a redlined version showing all changes made since the document was reviewed by the commission, and copies shall be provided to the commission's Legal Division and Rate Regulation Division or successor divisions.(8) A copy of the trust agreement, any investment management agreement, and any amendments shall be filed with the commission within 30 days after the execution or modification of the agreement, and copies shall be provided to appropriate commission staff and the Office of Public Utility Counsel.(o) Trust investments.(1) The funds in a PGC decommissioning trust should be invested consistent with the following goals. The PGC may apply additional prudent investment goals to the funds so long as they are not inconsistent with the stated goals of this subsection.(A) The funds should be invested with a goal of earning a reasonable return commensurate with the need to preserve the value of the assets of the trusts.(B) In keeping with prudent investment practices, the portfolio of securities held in the PGC decommissioning trust shall be diversified to the extent reasonably feasible given the size of the trust.(C) Asset allocation and the acceptable risk level of the portfolio should take into account market conditions, the time horizon remaining before the commencement and completion of decommissioning, and the funding status of the trust. While maintaining an acceptable risk level consistent with the goal in this section, the investment emphasis when the remaining life of the liability exceeds five years should be to maximize net long-term earnings. The investment emphasis in the remaining investment period of the trust should be on current income and the preservation of the fund's assets.(D) In selecting investments, the impact of the investment on the portfolio's volatility and expected return net of fees, commissions, expenses and taxes should be considered.(2) The following requirements shall apply to all PGC decommissioning trusts under this section. Where a PGC has multiple trusts for a single generating unit, the restrictions contained in this subsection apply to all trusts in the aggregate for that generating unit. For purposes of this section, a commingled fund is defined as a professionally managed investment fund of fixed-income or equity securities established by an investment company regulated by the Securities Exchange Commission or a bank regulated by the Office of the Comptroller of the Currency.(A) The total trustee and investment manager fees paid on an annual basis by the PGC for the entire portfolio including commingled funds shall not exceed 0.7% of the entire portfolio's average annual balance.(B) For the purpose of this subsection, a commingled or mutual fund is not considered a security; rather, the diversification standard applies to all securities, including the individual securities held in commingled or mutual funds. Once the portfolio of securities (including commingled funds) held in the PGC decommissioning trusts contains securities with an aggregate value in excess of $20 million, it shall be diversified such that:(i) no more than 5.0% of the securities held may be issued by one entity, with the exception of the federal government, its agencies and instrumentalities, and(ii) the portfolio shall contain at least 20 different issues of securities. Municipal securities and real estate investments shall be diversified as to geographic region.(C) The PGC may invest the decommissioning funds by means of qualified or unqualified PGC decommissioning trusts; however, the PGC shall, to the extent permitted by the Internal Revenue Service, invest its decommissioning funds in \"qualified\" PGC decommissioning trusts, in accordance with the Internal Revenue Service Code §468A. The PGC shall avoid, whenever possible, the investment of taxable decommissioning funds in \"unqualified\" PGC decommissioning trusts.(D) The use of derivative securities in the trust is limited to those whose purpose is to enhance returns of the trust without a corresponding increase in risk or to reduce risk of the portfolio. Derivatives may not be used to increase the value of the portfolio by any amount greater than the value of the underlying securities. Prohibited derivative securities include, but are not limited to, mortgage strips; inverse floating rate securities; leveraged investments or internally leveraged securities; residual and support tranches of Collateralized Mortgage Obligations; tiered index bonds or other structured notes whose return characteristics are tied to non-market events; uncovered call/put options; large counter-party risk through over-the-counter options, forwards and swaps; and instruments with similar high-risk characteristics.(E) The use of leverage (borrowing) to purchase securities or the purchase of securities on margin for the trust is prohibited.(F) The following investment limits shall apply to the percentage of the aggregate market value of all non-fixed income investments relative to the total portfolio market value.(i) Except as noted in clause (ii) of this subparagraph, when the weighted average remaining life of the liability exceeds five years, the equity cap is 60%;(ii) When the weighted average remaining life of the liability ranges between five years and 2.5 years, the equity cap shall be 30%;(iii) When the weighted average remaining life of the liability is less than 2.5 years, the equity cap shall be 0%. Additionally, during all years in which expenditures for decommissioning the nuclear units occur, the equity cap shall also be 0%;(iv) For purposes of this subsection, the weighted average remaining life in any given year is defined as the weighted average of years between the given year and the years of each decommissioning outlay, where the weights are based on each year's expected decommissioning expenditures divided by the amount of the remaining liability in that year; and(v) Should the market value of non-fixed income investments, measured monthly, exceed the appropriate cap due to market fluctuations, the PGC shall, as soon as practicable, reduce the market value of the non-fixed income investments below the cap. Such reductions may be accomplished by investing all future contributions to the fund in debt securities as is necessary to reduce the market value of the non-fixed income investments below the cap, or if prudent, by the sale of equity securities.(vi) A PGC decommissioning trust shall not invest in securities issued by the PGC collecting the funds or any of its affiliates or any company providing security for the state assurance obligation; however, investments of a PGC decommissioning trust may include commingled funds that contain securities issued by the PGC if the securities of the PGC constitute no more than 5.0% of the fair market value of the assets of such commingled funds at the time of the investment.(3) The following restrictions shall apply to all PGC decommissioning trusts. Where a PGC has multiple trusts for a single generating unit, the restrictions contained in this subsection apply to all trusts in the aggregate for that generating unit.(A) A PGC decommissioning trust shall not invest trust funds in corporate or municipal debt securities that have a bond rating below investment grade (below \"BBB-\" by Standard and Poor's Corporation or \"Baa3\" by Moody's Investor's Service) at the time that the securities are purchased and shall reexamine the appropriateness of continuing to hold a particular debt security if the debt rating of the company in question falls below investment grade at any time after the debt security has been purchased. Commingled funds may contain some below investment grade bonds; however, the overall portfolio of debt instruments shall have a quality level, measured quarterly, that is not below a \"AA\" grade by Standard and Poor's Corporation or \"Aa2\" by Moody's Investor's Service. In calculating the quality of the overall portfolio, debt securities issued by the federal government shall be considered as having a \"AAA\" rating.(B) At least 70% of the aggregate market value of the equity portfolio, including the individual securities in commingled funds, shall have a quality ranking from a major rating service such as the earnings and dividend ranking for common stock by Standard and Poor's or the quality rating of Ford Investor Services. Further, the overall portfolio of ranked equities shall have a weighted average quality rating equivalent to the composite rating of the Standard and Poor's 500 index, assuming equal weighting of each ranked security in the index. If the quality rating, measured quarterly, falls below the minimum quality standard, the PGC shall as soon as practicable and prudent to do so, increase the quality level of the equity portfolio to the required level. A PGC decommissioning trust shall not invest in equity securities where the issuer has a capitalization of less than $100 million.(C) The following guidelines shall apply to the investments made through commingled funds. Examples of commingled funds appropriate for investment by PGC decommissioning trusts include equity-indexed funds, actively managed equity funds, balanced funds, bond funds, and real estate investment trusts.(i) The commingled funds should be selected consistent with the goals of this section.(ii) In evaluating the appropriateness of a particular commingled fund, the PGC has the following duties, which shall be of a continuing nature:(I) A duty to determine whether the fund manager's fee schedule for managing the fund is reasonable, when compared to fee schedules of other such managers;(II) A duty to investigate and determine whether the past performance of the investment manager in managing the commingled fund has been reasonable relative to prudent investment and PGC decommissioning trust practices and standards; and(III) A duty to investigate the reasonableness of the net after-tax return and risk of the fund relative to similar funds, and the appropriateness of the fund within the entire PGC decommissioning trust investment portfolio.(iii) The payment of load fees shall be avoided.(iv) Commingled funds focused on specific foreign countries, industries, or market sectors or concentrated in a few holdings shall be used only as necessary to balance the trust's overall investment portfolio mix.", "sourceNote": "Source Note: The provisions of this §25.304 adopted to be effective March 19, 2008, 33 TexReg 2288; amended to be effective January 9, 2014, 39 TexReg 217." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130168", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "M", "label": "COMPETITIVE METERING" }, "rule": { "number": "§25.311", "label": "Competitive Metering Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104607", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the terms and conditions for competitive metering services to be offered to commercial and industrial customers served by an investor-owned transmission and distribution utility (TDU) beginning on January 1, 2004, as required by Public Utility Regulatory Act (PURA) §39.107(a), in areas where customer choice has been introduced. In areas where customer choice has been delayed, this section shall establish terms and conditions for competitive metering services to begin on a date determined by the commission, following the introduction of customer choice.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.(1) Commercial and industrial customers--Those customers that do not receive electric service under a residential distribution tariff.(2) Data management--Includes validation, estimation, editing, extraction of billing components, support of retail transactions described in the Electric Reliability Council of Texas (ERCOT) protocols, and transfer of meter reading data to the settlement agent and other approved entities specified by the ERCOT protocols.(3) Maintenance--Activities necessary to maintain a meter in proper working order, including failure investigation, equipment repair, and replacement.(4) Meter owner--Entity that owns the settlement and TDU billing meter that is used for the measurement of electric energy delivered to a particular location.(5) Metering services--Activities relating to the measurement, for the purpose of settlement and TDU billing, of electricity provided to a retail customer, including, but not limited to ownership, installation and removal, maintenance, testing and calibration, data collection, and data management.(6) Meter tampering--In areas where competitive metering has been introduced, meter tampering, bypass, or diversion is defined as tampering with a settlement and TDU billing meter or equipment, bypassing the same, or other instances of diversion, such as physically disorienting the meter; attaching objects to the meter to divert or bypass service; inserting objects into the meter; and other electrical and mechanical means of tampering with, bypassing, or diverting electrical service.(7) Testing--Activities as defined in §25.124 of this title (relating to Meter Testing).(c) Meter ownership. A commercial or industrial retail customer may choose a meter owner. The meter owner may be, at the option of the retail customer:(1) the retail customer;(2) a retail electric provider (REP);(3) the TDU; or(4) other person authorized by the customer.(d) Data ownership. The current retail customer shall own all meter data related to the premise occupied by that customer, regardless of whether the meter owner is the customer, the owner of the premise, or a third party. A third-party owner of the meter shall have access to the meter data. To the extent that data integrity is not compromised, the current retail customer shall have the right to physical access to the meter to obtain such meter data when technically feasible. The current retail customer shall have the right and capability, including necessary security passwords, to assign access to meter data related to the premise occupied by that customer.(e) Metering equipment.(1) No later than 60 days after the effective date of this section, ERCOT shall develop a process to establish, and periodically revise, a list of meters that shall be considered qualifying competitive meters for the purposes of this section. Each qualifying competitive meter shall meet commission-approved standards and shall be capable of providing the data necessary for billing in accordance with the TDU's delivery tariff and for settlement in accordance with the settlement agent's protocols.(2) Requests for installation or removal shall be made to the TDU pursuant to the TDU's tariff.(f) Conformance with metering standards.(1) A meter that fails to meet commission-approved standards for accuracy shall not be placed in service or left in service. A meter found to violate these standards shall be adjusted or replaced in accordance with this subsection at the time the violation is discovered.(2) Meters shall be adjusted as closely as practicable to the condition of zero error.(3) If a meter owned by the TDU is found not to meet commission-approved standards for accuracy, the TDU shall install a replacement meter in accordance with its tariffs.(4) If a meter that is not owned by the TDU is found not to meet commission-approved standards for accuracy, the TDU shall install a temporary replacement meter. The temporary replacement meter shall be capable of providing the data necessary for billing in accordance with the TDU's tariff, and shall also provide settlement data in accordance with the settlement agent's protocols. The TDU shall notify the customer and the meter owner that the meter does not meet commission-approved standards for accuracy and shall take reasonable measures to safeguard the meter until the meter owner takes possession of it. The meter owner shall be responsible for the associated charges, in accordance with the TDU's tariff.(g) Testing of meters. Costs for meter tests requested by the customer, REP, competitive meter owner, or TDU shall be the responsibility of the requesting party in accordance with the TDU's tariff, except that when a request is made to test a meter that is subsequently found not to meet commission-approved standards for accuracy, the cost of the meter test shall be the responsibility of the meter owner.(1) Upon request for a meter test by a retail customer, a REP shall request that a meter be tested in accordance with the TDU's applicable tariff.(2) A REP may request that a meter be tested in accordance with the TDU's applicable tariff.(3) A meter owner other than the retail customer may request that a meter be tested in accordance with the TDU's applicable tariff.(4) If the TDU suspects a meter malfunction, it shall promptly test the meter in accordance with its tariff.(5) Following the completion of any meter test, the TDU shall promptly advise the requestor, and the retail customer's REP of the date of removal of the meter, the date of the test, the result of the test, and who made the test.(h) Use of meter data for settlement and TDU billing.(1) Both the TDU and the REP shall have the right and capability, including necessary security passwords, to access meter data for the purpose of rendering a bill, complying with settlement rules of an independent organization, and for load research and load profiling purposes. The TDU is responsible for the security of the data used for settlement and TDU billing and shall maintain the meter programming password capable of altering such billing parameters.(2) No entity other than the TDU shall have the right, capability, or meter programming password to alter the data collected by the meter for the purpose of TDU billing.(3) A TDU's requirements for load research shall not have the effect of limiting the type or frequency of meter data available to an end-use customer.(i) Competitive metering service credit. A TDU shall file with the commission a tariff that provides a competitive metering service credit to the REP of a customer that selects a meter owner other than the TDU. Such tariff shall be accompanied by workpapers demonstrating the derivation of the credit.", "sourceNote": "Source Note: The provisions of this §25.311 adopted to be effective June 19, 2003, 28 TexReg 4545; amended to be effective May 30, 2007, 32 TexReg 2836." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104607", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.341", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104800", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in Division 1 of this subchapter (relating to Unbundling and Market Power), shall have the following meanings, unless the context clearly indicates otherwise:(1) Advanced metering--Includes any metering equipment or services that are not transmission and distribution utility metering system services as defined in this section.(2) Additional retail billing services--Retail billing services necessary for the provision of services as prescribed under Public Utility Regulatory Act (PURA) §39.107(e) but not included in the definition of transmission and distribution utility billing system services under this section.(3) Competitive energy services--Customer energy services business activities that are capable of being provided on a competitive basis in the retail market. Examples of competitive energy services include, but are not limited to the marketing, sale, design, construction, installation, or retrofit, financing, operation and maintenance, warranty and repair of, or consulting with respect to:(A) energy-consuming, customer-premises equipment;(B) the provision of energy efficiency services, the control of dispatchable load management services, and other load-management services;(C) the provision of technical assistance relating to any customer-premises process or device that consumes electricity, including energy audits;(D) customer- or facility-specific energy efficiency, energy conservation, power quality, and reliability equipment and related diagnostic services provided, however, that this does not include reasonable diagnostic actions by an electric utility when responding to service complaints;(i) reasonable diagnostic actions include actions necessary to determine if a power quality problem resides with the customer's equipment or with the utility's equipment and to notify the customer that the problem has been attributed to either the utility's equipment or the customer's equipment;(ii) reasonable diagnostic actions do not include recommendations or actions to correct problems related to equipment on the customer's side of the delivery point that is owned by the customer or by a third-party entity that is not an electric utility;(E) the provision of anything of value other than tariffed services to trade groups, builders, developers, financial institutions, architects and engineers, landlords, and other persons involved in making decisions relating to investments in energy-consuming equipment or buildings on behalf of the ultimate retail electricity customer;(F) except as provided in §25.343(f) and (g) of this title (relating to Competitive Energy Services), transformation equipment, power-generation equipment, protection equipment, or other electric apparatus and infrastructure located on the customer's side of the point of delivery that is owned by the customer or by a third-party entity that is not an electric utility. For purposes of this subparagraph, point of delivery means the point at which electric power and energy leave the utility's delivery system;(G) the provision of information relating to customer usage other than as required for the rendering of a monthly electric bill, including electrical pulse service, provided however that the provision of access to pulses from a meter used to measure electric service for billing in accordance with §25.129 of this title (relating to Pulse Metering), shall not be considered a competitive energy service;(H) communications services related to any energy service not essential for the retail sale of electricity;(I) home and property security services;(J) non-roadway, outdoor security lighting; however, an electric utility may, pursuant to an approved fully unbundled, embedded-cost tariff:(i) continue to maintain lighting facilities installed prior to September 1, 2000 and lighting facilities installed as a petitioned service by the utility. Maintenance service includes the installation of replacement lighting fixtures on such lighting facilities; and(ii) install and maintain utility-approved lighting fixtures that are owned by and provided to the utility by a retail customer or a retail electric provider, provided that the lighting fixtures are installed on utility-owned poles that are suitable for this purpose;(K) building or facility design and related engineering services, including building shell construction, renovation or improvement, or analysis and design of energy-related industrial processes;(L) hedging and risk management services;(M) propane and other energy-based services;(N) retail marketing, selling, demonstration, and merchant activities;(O) facilities operations and management;(P) controls and other premises energy management systems, environmental control systems, and related services;(Q) customer-premises energy or fuel storage facilities;(R) performance contracting (commercial, institutional, and industrial);(S) indoor air quality products (including, but not limited to air filtration, electronic and electrostatic filters, and humidifiers);(T) duct sealing and duct cleaning;(U) air balancing;(V) customer-premise metering equipment and related services other than as required for the measurement of electric energy necessary for the rendering of a monthly electric bill or to comply with the rules and procedures of an independent organization; and(W) other activities determined to be a competitive energy service by the commission by rule or order.(4) Discretionary service--Service that is related to, but not essential to, the transmission and distribution of electricity from the point of interconnection of a generation source or third-party electric grid facilities, to the point of interconnection with a retail customer or other third-party facilities. This term also includes emergency services provided by an electric utility on customer facilities pursuant to §25.343(g) of this title.(5) Distribution--For purposes of §25.344(g)(2)(C) of this title (relating to Cost Separation Proceedings), distribution relates to system and discretionary services associated with facilities below 60 kilovolts necessary to transform and move electricity from the point of interconnection of a generation source or third-party electric grid facilities, to the point of interconnection with a retail customer or other third-party facilities, and related processes necessary to perform such transformation and movement. Distribution does not include activities related to transmission and distribution utility billing services, additional billing services, transmission and distribution utility metering services, and transmission and distribution customer services as defined by this section.(6) Electrical pulse (or pulse)--The impulses or signals generated by pulse metering equipment, indicating a finite value, such as energy, registered at a point of delivery as defined in the Tariff for Retail Delivery Service.(7) Electrical pulse service--Use of pulses for any purpose other than for billing, settlement, and system operations and planning.(8) Electronic data interchange--The computer-application-to-computer-application exchange of business information in a standard format.(9) Energy service--As defined in §25.223 of this title (relating to Unbundling of Energy Service).(10) Generation--For purpose of §25.344(g)(2)(A) of this title, generation includes assets, activities, and processes necessary and related to the production of electricity for sale. Generation begins with the acquisition of fuels and their conversion to electricity and ends where the generation company's facilities tie into the facilities of the transmission and distribution system.(11) Pulse metering equipment--Any device, mechanical or electronic, connected to a meter, used to measure electric service for billing, which initiates pulses, the number of which are proportional to the quantity being measured, and which may include external protection devices. Except as otherwise provided in §25.311 of this title (relating to Competitive Metering Services), pulse metering equipment shall be considered advanced metering equipment that shall be owned, installed, operated, and maintained by a transmission and distribution utility and such ownership, installation, operation and maintenance shall not be a competitive energy service.(12) Stranded cost charges--Competition transition charges as defined in §25.5 of this title (relating to Definitions) and transition charges established pursuant to PURA §39.302(7).(13) System service--Service that is essential to the transmission and distribution of electricity from the point of interconnection of a generation source or third-party electric grid facility, to the point of interconnection with a retail customer or other third-party facility. System services include, but are not limited to, the following:(A) the regulation and control of electricity in the transmission and distribution system;(B) planning, design, construction, operation, maintenance, repair, retirement, or replacement of transmission and distribution facilities, equipment, and protective devices;(C) transmission and distribution system voltage and power continuity;(D) response to electric delivery problems, including outages, interruptions, and voltage variations, and restoration of service in a timely manner;(E) commission-approved public education and safety communication activities specific to transmission and distribution that do not preferentially benefit an affiliate of a utility;(F) transmission and distribution utility standard metering and billing services as defined by this section;(G) commission-approved administration of energy savings incentive programs in a market-neutral, nondiscriminatory manner, through standard offer programs or limited, targeted market transformation programs; and(H) line safety, including tree trimming.(14) Transmission--For purposes of §25.344(g)(2)(B) of this title, transmission relates to system and discretionary services associated with facilities at or above 60 kilovolts necessary to transform and move electricity from the point of interconnection of a generation source or third-party electric grid facilities, to the point of interconnection with distribution, retail customer or other third-party facilities, and related processes necessary to perform such transformation and movement. Transmission does not include activities related to transmission and distribution utility billing system services, additional billing services, transmission and distribution utility metering system services, and transmission and distribution utility customer services as defined by this section.(15) Transmission and distribution utility billing system services--For purposes of §25.344(g)(2)(E) of this title, transmission and distribution utility billing system services relate to the production and remittance of a bill to a retail electric provider for the transmission and distribution charges applicable to the retail electric provider's customers as prescribed by PURA §39.107(d), and billing for wholesale transmission service to entities that qualify for such service. Transmission and distribution utility billing system services may include, but are not limited to, the following:(A) generation of billing charges by application of rates to customer's meter readings, as applicable;(B) presentation of charges to retail electric providers for the actual services provided and the rendering of bills;(C) extension of credit to and collection of payments from retail electric providers;(D) disbursement of funds collected;(E) customer account data management;(F) customer care and call center activities related to billing inquiries from retail electric providers;(G) administrative activities necessary to maintain retail electric provider billing accounts and records; and(H) error investigation and resolution.(16) Transmission and distribution utility customer services--For purposes of §25.344(g)(2)(G) of this title, transmission and distribution customer services relate to system and discretionary services associated with the utility's energy efficiency programs, demand-side management programs, public safety advertising, tariff administration, economic development programs, community support, advertising, customer education activities, and any other customer services.(17) Transmission and distribution utility metering system services--For purposes of §25.344 of this title, services that relate to the installation, maintenance, and polling of an end-use customer's standard meter. Transmission and distribution utility metering system services may include, but are not limited to, the following:(A) ownership of standard meter equipment and meter parts;(B) storage of standard meters and meter parts not in service;(C) measurement or estimation of the electricity consumed or demanded by a retail electric consumer during a specified period limited to the customer usage necessary for the rendering of a monthly electric bill;(D) meter calibration and testing;(E) meter reading, including non-interval, interval, and remote meter reading;(F) individual customer outage detection and usage monitoring;(G) theft detection and prevention;(H) installation or removal of metering equipment;(I) the operation of meters and provision of information to an independent organization, as required by its rules and protocols; and(J) error investigation and re-reads.", "sourceNote": "Source Note: The provisions of this §25.341 adopted to be effective February 9, 2000, 25 TexReg 720; amended to be effective October 22, 2001, 26 TexReg 8345; amended to be effective October 9, 2003, 28 TexReg 8586." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104800", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.342", "label": "Electric Business Separation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "120438", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to identify the competitive electric industry business activities that must be separated from the regulated transmission and distribution utility and performed by a power generation company (PGC), a retail electric provider (REP), or some other business unit pursuant to the Public Utility Regulatory Act (PURA) §39.051. This section establishes procedures for the separation of such business activities.(b) Application. This section shall apply to electric utilities, as defined in §25.5 of this title (relating to Definitions).(c) Compliance and timing.(1) The commission shall prescribe a schedule for the filing of a business separation plan prior to the introduction of customer choice for an electric utility that is subject to PURA §39.102(c) or §39.402. Pursuant to such schedule, an affected electric utility shall separate from its regulated utility activities its customer energy services business activities and shall separate its business activities in accordance with subsection (d) of this section.(2) Upon review of the filing, the commission shall adopt the electric utility's plan for business separation, adopt the plan with changes, or reject the plan and require the electric utility to file a new plan.(d) Business separation.(1) An electric utility may not offer competitive energy services; however, an electric utility may petition the commission pursuant to §25.343(d) of this title (relating to Competitive Energy Services) for authority to provide to its Texas customers or some subset of its customers any service otherwise identified as a competitive energy service.(2) Each electric utility shall separate its business activities and related costs into the following units: power generation company; retail electric provider; and transmission and distribution utility company. An electric utility may accomplish this separation either through the creation of separate nonaffiliated companies or separate affiliated companies owned by a common holding company or through the sale of assets to a third party. An electric utility may create separate transmission utility and distribution utility companies.(3) Each electric utility, subject to PURA §39.157(d), shall comply with this section in a manner that provides for a separation of personnel, information flow, functions, and operations, consistent with PURA §39.157(d) and §25.272 of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates).(4) All transfers of assets and liabilities to separate affiliated or nonaffiliated companies, a power generation company, retail electric provider, or a transmission and distribution utility company during the initial business separation process shall be recorded at book value.(5) The commission, in approving a plan under subsection (c) of this section, may prescribe dates for the discontinuation of competitive energy services and the separation of business activities.(e) Business separation plans. Each electric utility subject to PURA §39.051(e) that has not separated its business functions shall file a business separation plan with the commission according to a commission-approved Business Separation Plan Filing Package (BSP-FP) on a date prescribed by the commission. An electric utility for which the commission has previously approved a business separation plan is not required to file an additional plan under this section. If necessary, however, the commission may require such electric utility to file updated information or modifications to its existing business separation plan.(1) The business separation plan shall include, but shall not be limited to, the following:(A) A description of the financial and legal aspects of the business separation, the functional and operational separations, physical separation, information systems separation, asset transfers during the initial unbundling, separation of books and records, and compliance with §25.272 of this title both during and after the transition period.(B) A description of all services provided by the corporate support services company, as well as any corporate support services provided by another separate affiliate including pricing methodologies.(C) A proposed internal code of conduct that addresses the requirements in §25.272 of this title and the spirit and intent of PURA §39.157. The internal code of conduct shall address each provision of §25.272 of this title, and shall provide detailed rules and procedures, including employee training, enforcement, and provisions for penalties for violations of the internal code of conduct.(D) A description of each competitive energy service provided within Texas by the electric utility, including a detailed plan for completely and fully separating these competitive energy services, as set forth in §25.343 of this title.(E) Descriptions of all system services, discretionary services, and other services pursuant to subsection (f) of this section to be provided within Texas by the transmission and distribution utility.(2) To the extent that not all of the detailed information required to be filed on the date prescribed by the commission is available, the electric utility shall provide a firm schedule for supplemental filings. The commission shall approve only portions of the business separation plan for which complete information is provided.(f) Separation of transmission and distribution utility services.(1) Classification of services. Each service offered, or potentially offered, by a transmission and distribution utility shall be classified as one of the following:(A) System service. The costs associated with providing system service are system-wide costs that are borne by the retail electric provider serving all transmission and distribution customers.(B) Discretionary service.(i) The cost associated with each discretionary service is customer-specific and should be borne only by the retail electric provider serving the transmission and distribution customer who purchases the discretionary service.(ii) Each discretionary service shall be provided by the transmission and distribution utility on a nondiscriminatory basis pursuant to a commission-approved embedded cost-based tariff.(iii) The costs associated with providing discretionary services are tracked separately from costs associated with providing system services.(iv) A discretionary service is not a competitive energy service as defined by §25.341 of this title (relating to Definitions).(C) Petitioned service. Service in which a petition to provide a specific competitive energy service has been granted by the commission pursuant to §25.343(d)(1) of this title.(D) Other service.(i) The offering of any other services shall be limited to those services which:(I) maximize the value of transmission and distribution system service facilities; and(II) are provided without additional personnel and facilities other than those essential to the provision of transmission and distribution system services.(ii) If the transmission and distribution utility offers a service under clause (i) of this subparagraph, the transmission and distribution utility shall:(I) track revenues and to the extent possible the costs for each service separately;(II) offer the service on a non-discriminatory-basis, and if the commission determines that it is appropriate, pursuant to a commission-approved tariff, and;(III) credit all revenues received from the offering of this service during the test year after known and measurable adjustments are made to lower the revenue requirement of the transmission and distribution utility on which the rates are based.(2) Competitive energy services. A transmission and distribution utility shall not provide competitive energy services as defined by §25.341 of this title except as permitted pursuant to §25.343 of this title.", "sourceNote": "Source Note: The provisions of this §25.342 adopted to be effective February 9, 2000, 25 TexReg 720; amended to be effective October 9, 2003, 28 TexReg 8586." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "120438", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.343", "label": "Competitive Energy Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to identify competitive energy services, as defined in §25.341 of this title (relating to Definitions), that shall not be provided by affected electric utilities.(b) Application. This section applies to electric utilities, as defined by the Public Utility Regulatory Act (PURA) §31.002(6), which include transmission and distribution utilities as defined by PURA §31.002(19). This section shall not apply to an electric utility under PURA §39.102(c) until the termination of its rate freeze period. This section shall not apply to an electric utility subject to PURA §39.402 until customer choice begins in the utility's service area.(c) Competitive energy service separation. An electric utility shall not provide competitive energy services, except for the administration of energy efficiency programs as specifically provided elsewhere in this chapter, and except as provided in subsections (f) and (g) of this section.(d) Petitions relating to the provision of competitive energy services.(1) Petition by an electric utility to provide a competitive energy service. A utility may petition the commission to provide on an unbundled-tariffed basis a competitive energy service that is not widely available to customers in an area. The utility has the burden to prove to the commission that the service is not widely available in an area. The utility's petition may be filed jointly with an affected person or with commission staff.(A) Review of petition. In reviewing an electric utility's petition to provide a competitive energy service, the commission may consider, but is not limited to, the following:(i) geographic and demographic factors;(ii) number of vendors providing a similar or closely related competitive energy service in the area;(iii) whether an affiliate of the electric utility offers a similar or closely-related competitive energy service in the area;(iv) whether the approval of the petition would create or perpetuate a market barrier to entry for new providers of the competitive energy service.(B) Petition deemed approved. A petition shall be deemed approved without further commission action on the effective date specified in the petition if no objection to the petition is filed with the commission and adequate notice has been completed at least 30 days prior to the effective date. The specified effective date must be at least 60 days after the date the petition is filed with the commission. Notice shall be provided to all entities that have requested notice of petitions by filing such request in a project to be established by the commission, to all retail electric providers in Texas that are certified at the time of the petition, and through a newspaper publication once a week for two consecutive weeks in a newspaper in general circulation throughout the service area for which the petition is requested. Such notice shall state in plain language:(i) the purpose of the petition;(ii) the competitive energy service that is the subject of the petition; and(iii) the date on which the petition will be deemed approved if no objection is filed with the commission.(C) Approval of petition.(i) If a petition under this paragraph is granted, the utility shall provide the petitioned service pursuant to a fully unbundled, embedded cost-based tariff.(ii) The utility's petition to offer the competitive energy service terminates three years from the date the petition is granted by the commission, unless the commission approves a new petition from the utility to continue providing the competitive energy service.(iii) The costs associated with providing this service shall be tracked separately from other transmission and distribution utility costs.(2) Petition to classify a service as a competitive energy service or to end the designation of a competitive energy service as a petitioned service. An affected person or the commission staff may petition the commission to classify a service as a competitive energy service or to end the designation of a competitive energy service as a petitioned service. The commission may consider factors including, but not limited to, the factors in paragraph (1) of this subsection (where applicable) when reviewing a petition under this paragraph.(e) Filing requirements.(1) An electric utility shall file the following as part of its business separation plan pursuant to §25.342 of this title (relating to Electric Business Separation):(A) descriptions of each competitive energy service provided by the utility;(B) detailed plans for completely and fully separating competitive energy services; and(C) petitions, if any, with associated unbundled tariffs to provide a competitive energy service(s) pursuant to subsection (d)(1) of this section. As part of this filing, affected utilities shall provide all supporting workpapers and documents used in the calculation of the charges for the petitioned services.(2) An electric utility shall file complete cost information related to paragraph (1) of this subsection pursuant to §25.344 of this title (relating to Cost Separation Proceedings) and the Unbundled Cost of Service Rate Filing Package (UCOS-RFP).(f) Exceptions related to certain competitive energy services. An electric utility may not own, operate, maintain or provide other services related to equipment of the type described in §25.341(3)(F) of this title, except in any of the following instances or as otherwise provided in this subchapter or by commission order.(1) An electric utility may provide equipment, maintenance, and repair services in an emergency situation as set forth in subsection (g) of this section.(2) An electric utility may provide maintenance service to high-voltage protection equipment and other equipment located on the customer's side of delivery point that is an integral part of the utility's delivery system. For purposes of this subsection, the point of delivery means the point at which electric power and energy leave a utility's delivery system.(3) An electric utility may own equipment located on the customer's side of the point of delivery that is necessary to support the operation of electric-utility-owned facilities, including, but not limited to, billing metering equipment, batteries and chargers, system protection apparatus and relays, and system control and data acquisition equipment.(4) Until the earlier of January 1, 2008, or the date the commission grants a petition by an affected person to discontinue facilities-rental service provided by an electric utility under this subsection, an electric utility may, pursuant to a commission-approved tariff, continue to own and lease to a customer distribution-voltage facilities on the customer's side of the point of delivery, if the customer was receiving facilities-rental service under a commission-approved tariff prior to September 1, 2000, and the customer elects to continue to lease the facilities. Facilities-rental service shall be provided in accordance with the following requirements.(A) If the customer elects to continue to lease the facilities from the electric utility, the customer will retain the options of purchasing the rented facilities, renting additional facilities at that same point of delivery, or terminating the facilities-rental arrangement.(B) Once all of the facilities formerly leased by the electric utility to the customer have been removed from the customer's side of the point of delivery or have been acquired by the customer, the electric utility may no longer offer facilities-rental service at that point of delivery.(C) The electric utility may continue to operate and maintain the leased facilities pursuant to a commission-approved tariff.(D) No later than March 1, 2007, an electric utility that provides facilities-rental service shall file with the commission a report on the status of affected facilities and market conditions for this service. At that time, the electric utility shall also file either a plan to discontinue providing facilities-rental service or a petition pursuant to subsection (d)(1) of this section to continue such service.(E) An affected person or the commission staff may file a petition under subsection (d)(2) of this section to have facilities-rental service classified as a competitive energy service. If the commission grants such a petition, the affected electric utility shall discontinue facilities-rental service pursuant to a schedule determined by the commission.(5) An electric utility may operate and maintain a distribution system located behind the electric utility's point of delivery on a military base, whether that distribution system is owned by the military base or a third party. In addition, an electric utility may own such a distribution system. For purposes of this subsection, \"point of delivery\" means the point at which electric power and energy are metered. The provision of such services by an electric utility shall be considered discretionary services and shall not be considered competitive energy services.(g) Emergency provision of certain competitive energy services.(1) Emergency situation. Notwithstanding subsection (c) of this section, in an emergency situation, an electric utility may provide transformation and protection equipment and transmission and substation repair services on customer facilities. For purposes of this subsection, an \"emergency situation\" means a situation in which there is a significant risk of harm to the health or safety of a person or damage to the environment. In determining whether to provide the competitive energy service in an emergency situation, the utility shall consider the following criteria:(A) whether the customer's facilities are impaired or are in jeopardy of failing, and the nature of the health, safety, or environmental hazard that might result from the impairment or failure of the facilities; and(B) whether the customer has been unable to procure, or is unable to procure within a reasonable time, the necessary transformation and protection equipment or the necessary transmission or substation repair services from a source other than the electric utility.(C) whether provision of the emergency service to the customer would interfere with the electric utility's ability to meet its system needs.(2) Notification and due diligence. Prior to providing an emergency service as set forth in paragraph (1) of this subsection, the electric utility shall inform the customer that the requested service is a competitive energy service and that the utility is not permitted to provide the service unless it is an emergency situation. The utility must determine, based on information provided from the customer or by other methods, whether the situation is an emergency situation, as defined in paragraph (1) of this section.(3) Record keeping and reporting.(A) Not later than three business days after the determination of an emergency situation, the electric utility shall attempt to obtain from the customer a written statement explaining the emergency situation and indicating that the customer is aware that the service provided by the utility is a competitive energy service.(B) The electric utility shall maintain for a period of three years a record of correspondence between the customer and the utility pertaining to the emergency provision of a competitive energy service in accordance with this subsection, including the statement required by subparagraph (A) of this paragraph.(C) The electric utility shall include in a clearly identified manner the following information for the prior calendar year (January 1 through December 31) in its service quality report filed under §25.81 of this title (relating to Service Quality Reports):(i) the number of instances in which the utility provided a competitive energy service pursuant to this subsection in the prior calendar year; and(ii) a brief description of each event, excluding any customer-specific information, and the utility's action to respond to the emergency situation.(4) Discretionary service charge for provision of competitive energy services in emergency situation. The charge for providing service pursuant to this subsection shall be based on a fully unbundled, embedded cost-based discretionary service tariff. An electric utility that seeks to provide emergency service under this subsection shall file with the commission an updated discretionary service rate schedule to implement this subsection. Notwithstanding other provisions in this chapter, an electric utility may directly bill the requesting entity for emergency service provided under this subsection.(5) Commission review. Upon request, an electric utility shall make available to the commission all required records regarding the provision of competitive energy services pursuant to this subsection.(h) Evaluation of competitive energy services. Every two years beginning in October 2005 or as otherwise determined by the commission, the commission shall evaluate the degree of competition for the competitive energy services described in §25.341 of this title to determine if they are widely available in areas throughout Texas.(i) Sale of non-roadway security lighting assets. Prior to the execution of a sale of an electric utility's non-roadway security lighting assets described in §25.341(3)(J)(i) and (ii) of this title, the electric utility shall provide the commission reasonable notice of the proposed transaction.", "sourceNote": "Source Note: The provisions of this §25.343 adopted to be effective February 9, 2000, 25 TexReg 720; amended to be effective October 9, 2003, 28 TexReg 8586; amended to be effective July 11, 2005, 30 TexReg 3990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.344", "label": "Cost Separation Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "73279", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish the procedure by which affected utilities will comply with the Public Utility Regulatory Act (PURA) §39.201.(b) Application. This section shall apply to all utilities subject to PURA §39.201.(c) Compliance and timing.(1) All electric utilities must file a cost separation case under this section on or before April 1, 2000 according to a unbundled cost of service rate filing package (UCOS-RFP) approved by the commission. Each electric utility shall, in its cost separation filing, file proposed tariffs for its proposed transmission and distribution utility. The filings shall include supporting cost data for the determination of the utility's non-bypassable delivery charges, which shall be the sum of transmission charges, distribution charges, metering system service charges, billing system service charges, customer service system charges (if any), municipal franchise charges, nuclear decommissioning charges (if any), and a competition transition charge (if any).(2) Notwithstanding any other provision in this section, an electric utility not subject to this section until the expiration of the exemption set forth in PURA §39.102(c), must file its cost separation case on or before 170 days prior to the expiration of the exemption.(d) Test year. A historic test year shall be used to determine a forecast test year, defined as follows:(1) Historic year--for utilities filing a cost separation case on or before April 1, 2000, the historic year shall be the 12-month period ended September 30, 1999. For a utility filing a cost separation case after April 1, 2000, the historic year shall be a 12-month period deemed reasonable by the commission.(2) Forecast year--for utilities filing a cost separation case on or before April 1, 2000, the forecast year shall be the projected 12-month period ended December 31, 2002. For a utility filing a cost separation case after April 1, 2000, the forecast year shall be a 12-month period deemed reasonable by the commission.(e) Rate of return. Each electric utility shall file a rate of return that is based on its weighted average cost of capital as determined by one of the alternative methods indicated in the Unbundled Cost of Service Rate Filing Package (UCOS-RFP) approved by the commission.(f) Separation of affiliate costs and functional cost separation.(1) Affiliate costs.(A) Separation of affiliate costs. The affiliate schedules accompanying the UCOS-RFP shall provide sufficient detail to enable the commission to evaluate the necessity and reasonableness of the affiliate expenses and the \"no higher than\" cost provisions of PURA §36.058 (relating to Consideration of Payment to Affiliate); §25.272 of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates); and §25.273 of this title (relating to Contracts Between Electric Utilities and Their Affiliates). The schedules shall provide the net total amount of affiliate expense requested for each of the historic and forecast years. This information shall be provided by class of items for all affiliate transactions between the transmission and distribution utility and its affiliates including the affiliated power generation company and the affiliated retail electric provider.(B) Affiliated service company. If there is an affiliated service company providing support to the regulated transmission and distribution utility and the other affiliates, then the UCOS-RFP shall include the transactions between the service company, the regulated transmission and distribution utility, the power generation company, the retail electric provider, and all the other affiliates pursuant to PURA §14.154. The UCOS-RFP shall include detailed information on allocation formulas as defined by the reporting schedules.(C) Compliance with affiliate rules. The affiliate transactions reported in the UCOS-RFP shall comply with the code of conduct rules as promulgated in §§25.84 of this title (relating to Annual Reporting of Affiliate Transactions for Electric Utilities), 25.272 of this title, and 25.273 of this title.(2) Functional cost separation. All electric utilities shall separate their costs into nine categories, relating to the following functions, as defined by §25.341 of this title (relating to Definitions):(A) generation;(B) transmission;(C) distribution;(D) transmission and distribution utility metering system services;(E) transmission and distribution utility billing system services;(F) additional retail billing services;(G) transmission and distribution utility customer service;(H) competitive energy service; and(I) other unregulated services.(3) Method of cost separation. Costs shall be assigned to the nine functions using the following three-tier process. No common costs shall be assigned to regulated functions by default. If the utility cannot meet its burden of proof, the costs in question shall be assigned to competitive functions.(A) For each Federal Energy Regulatory Commission (FERC) account, costs shall be directly assigned to functions to the extent possible, and all relevant workpapers provided.(B) The utility shall provide detailed workpapers documenting the nature of any costs that cannot be directly assigned. For adequately documented costs, the utility may derive an account-specific functionalization factor based on the directly assigned costs or appropriate cost causation principles. The utility must justify the assignment of common costs to regulated functions, and must present evidence to support any such assignment.(C) If adequately documented costs remain for which direct assignment or account-specific functionalization cannot be identified, an appropriate functionalization factor as described in the UCOS-RFP may be used. These functionalization factors should only be used as a last resort. If a utility deems a functionalization factor other than the functionalization factor prescribed in the UCOS-RFP to be necessary, the utility shall provide a detailed justification for the chosen functionalization factor.(g) Jurisdiction and Texas retail class allocation. Allocation of each of the functions comprising the transmission and distribution system services revenue requirement to the existing rate classes shall be based on forecasted 2002 test year load data. Costs related to other functions may be allocated based on a test year ending September 30, 1999.(1) Jurisdictional allocation. Functionalized total company costs for the forecast year shall be allocated to the Texas retail jurisdiction. Jurisdictional allocators shall be based on either the methodology approved by the Federal Energy Regulatory Commission (FERC), or the methodology used in the last commission-approved cost of service study.(2) Texas retail class allocation. Total Texas retail jurisdiction costs for each of the nine categories shall be allocated among existing rate classes. Consolidation of classes shall be done only during the rate design process.(A) Transmission revenue requirement (system services). Electric Reliability Council of Texas (ERCOT) utilities shall allocate the total transmission revenue requirement based on the average of the four coincident peaks for each existing rate class at the time of ERCOT peak, if that data is available. If that data is not available, the utility may use the average of the four coincident peaks for each existing rate class at the time of the transmission and distribution utility's system peak. Non-ERCOT utilities shall allocate transmission revenue requirement based on either the FERC-approved methodology or the methodology approved in the last commission-approved cost of service study.(B) Distribution revenue requirement (system services). Costs purely related to demand or customers shall be allocated based on the methodology used in the last cost of service study unless otherwise determined by the commission. Other costs shall be allocated based on allocators analogous to those used during the functionalization process, or appropriate cost-causation principles.(C) Generation costs. Total generation costs shall be allocated to the existing rate classes based on the methodology used to allocate generation costs in the last cost of service study.(D) Retail electric provider costs. Total costs of services which will be provided by the retail electric provider as approved in the business separation plan shall be allocated among classes based on the allocators used in the last cost of service study.(E) Decommissioning costs. Costs associated with nuclear decommissioning obligations shall be allocated based on the methodology used in the last cost of service study unless otherwise approved by the commission. Total costs shall be reported in the unbundled cost of service studies as a separate line item (or subaccount) in each account where such costs occur.(h) Determination of ERCOT and Non-ERCOT transmission costs.(1) ERCOT transmission costs.(A) The transmission cost of service for an electric utility in ERCOT shall be as described in §25.192(b) of this title (relating to Transmission Service Rates).(B) The UCOS-RFP adopted by the commission for the cost separation filings shall be used by the electric utilities filing under this section.(C) Any redirection of transmission depreciation expense to production by an electric utility in ERCOT pursuant to PURA §39.256 should not affect the utility's wholesale transmission cost of service that is used for determining the ERCOT postage stamp rate.(2) Non-ERCOT transmission costs. For an electric utility in Texas operating outside ERCOT, the utility's open access transmission tariff approved by FERC will be used to determine the utility's transmission cost and rates in Texas.(i) Rate design. Utilities shall consolidate existing rate classes into the minimum number of classes needed to recognize differences in usage of the transmission and distribution systems. Class consolidation shall not materially disadvantage any customer class.", "sourceNote": "Source Note: The provisions of this §25.344 adopted to be effective February 9, 2000, 25 TexReg 720; amended to be effective May 13, 2018, 43 TexReg 3001." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "73279", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.345", "label": "Recovery of Stranded Costs Through Competition Transition Charge (CTC)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130169", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish the rules, regulations and procedures by which affected utilities will comply with Public Utility Regulatory Act (PURA), Chapter 39, Subchapter F relating to Recovery of Stranded Costs Through Competition Transition Charge, PURA §39.201, relating to Cost of Service Tariffs and Charges, and PURA, Chapter 39, Subchapter G relating to Securitization in order to establish a competition transition charge (CTC) as a non-bypassable charge.(b) Application. This section shall apply to all electric utilities as defined in PURA §31.002 which have stranded costs as described in PURA §39.251.(c) Definitions. As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise:(1) New on-site generation--Electric generation capacity greater than ten megawatts capable of being lawfully delivered to the site without use of utility distribution or transmission facilities, which was not, on or before December 31, 1999, either:(A) A fully operational facility, or(B) A project supported by substantially complete filings for all necessary site-specific environmental permits under the rules of the Texas Natural Resource Conservation Commission (TNRCC) in effect at the time of filing.(2) Eligible generation--Any electric generation facility that falls into one or more of the following categories:(A) A fully operational qualifying facility that lawfully served a retail customer's load before September 1, 2001, and for which substantially complete filings were made on or before December 31, 1999, for all necessary site-specific environmental permits under the rules of the TNRCC in effect at the time of filing, so long as such facility serves the same end-user it was serving on September 1, 2001.(B) An on-site power production facility with a rated capacity of ten megawatts or less;(C) Any generation facility that lawfully served a retail customer's actual load which is capable of lawfully delivering power to the site without use of utility distribution or transmission facilities and which is not new on-site generation including but not limited to facilities described in subparagraphs (A) and (B) of this paragraph, so long as the facility continues to serve the same end-user or users it was serving on December 31, 1999 if it was fully operational at that time or the end-user or users who first took power from the facility when it became operational if it become operational after December 31, 1999.(d) Right to recover stranded costs. An electric utility is allowed to recover all of its net, verifiable, nonmitigable stranded costs incurred in purchasing power and providing electric generation service. Recovery of retail stranded costs by an electric utility shall be from all existing or future retail customers, including the facilities, premises, and loads of those retail customers, within the utility's geographical certificated service area as it existed on May 1, 1999. A retail customer may not avoid stranded cost recovery charges by switching to on-site generation except as provided by subsection (i) of this section. In multiply certificated areas, a retail customer may not avoid stranded cost recovery charges by switching to another electric utility, electric cooperative, or municipally owned utility after May 1, 1999.(e) Recovery of stranded cost from wholesale customers. Nothing in this section shall alter the rights of utilities to recover wholesale stranded costs from wholesale customers. If the utility decides not to recover some or all stranded costs from its wholesale customers, it shall not recover these costs from retail customers through non-bypassable charges or otherwise.(f) Quantification of stranded costs. An electric utility seeking to recover its stranded costs shall submit the necessary information in compliance with the unbundled cost of service rate filing package (UCOS-RFP) approved by the commission.(g) Recovery of stranded costs through securitization. An electric utility that seeks to recover regulatory assets and stranded costs through securitization financing pursuant to PURA, Chapter 39, Subchapter G shall request a separate competition transition charge for that purpose.(1) An electric utility that seeks to securitize its regulatory assets or stranded costs pursuant to PURA §39.201(i)(1) shall file an application using the commission-approved form.(2) An electric utility may seek to securitize its regulatory assets under PURA §39.201(i) any time after September 1, 1999.(3) An electric utility that seeks to securitize its stranded costs under PURA §39.201(i) must obtain a determination by the commission of its revised estimate of stranded costs prior to submitting its application.(4) The amount of regulatory assets eligible for securitization as determined by the commission in a proceeding pursuant to §39.201(i)(1) shall be considered in the quantification of stranded costs in subsection (f) of this section.(h) Allocation of stranded costs. Allocation of stranded costs and calculation of CTC per customer class shall be part of the cost separation proceedings as defined in §25.344 of this title (relating to Cost Separation Proceedings). The utility shall submit information in accordance with the instructions contained in the UCOS-RFP.(1) Jurisdictional allocation. Costs shall be allocated to the Texas retail jurisdiction in accordance with the jurisdictional allocation methodology used to allocate the costs of the underlying assets in the electric utility's most recent commission order addressing rate design.(2) Allocation among Texas customer classes. Stranded costs shall be allocated in the following manner.(A) Any capital costs incurred by an electric utility to improve air quality under PURA §39.263 or §39.264 that are included in a utility's invested capital in accordance with those sections shall be allocated among customer classes as follows: 50% of those costs shall be allocated in accordance with the methodology used to allocate the costs of the underlying assets in the electric utility's most recent commission order addressing rate design; and the remainder shall be allocated on the basis of the energy consumption of the customer classes.(B) All other retail stranded costs shall be allocated among retail customer classes in the following manner:(i) The allocation to the residential class shall be determined by allocating to all customer classes 50% of the stranded costs in accordance with the methodology used to allocate the costs of the underlying assets in the electric utility's most recent commission order addressing rate design and allocating the remainder of the stranded costs on the basis of the energy consumption of the classes.(ii) After the allocation to the residential class required by clause (i) of this subparagraph has been calculated, the remaining stranded costs shall be allocated to the remaining customer classes in accordance with the methodology used to allocate the costs of the underlying assets in the electric utility's most recent commission order addressing rate design. Non-firm industrial customers shall be allocated stranded costs equal to 150% of the amount allocated to that class.(iii) After the allocation to the residential class required by clause (i) of this subparagraph and the allocation to the nonfirm industrial class required by clause (ii) of this subparagraph have been calculated, the remaining stranded costs shall be allocated to the remaining customer classes in accordance with the methodology used to allocate the costs of the underlying assets in the electric utility's most recent commission order addressing rate design.(iv) Notwithstanding any other provision of this section, to the extent that the total retail stranded costs, including regulatory assets, of investor-owned utilities exceed $5 billion on a statewide basis, any stranded costs in excess of $5 billion shall be allocated among retail customer classes in accordance with the methodology used to allocate the costs of the underlying assets in the electric utility's most recent commission order addressing rate design.(v) The energy consumption of the customer classes used in subparagraph (A) of this paragraph and clause (i) of this subparagraph shall be based on the data for the test year ending May 1, 1999 adjusted only for line losses and weather.(vi) For the rate classes which were not treated as a separate class in the utility's last cost of service study, the generation portion of the base revenues shall be used to develop a demand allocator. For the rate classes that have been determined as discounted rate schedules by the commission, the base revenues used to determine the demand allocator for these rate classes should include imputed revenue.(i) Applicability of CTC to customers receiving power from new on-site generation or eligible generation. A retail customer receiving power from new on-site generation or eligible generation to serve its internal electrical requirements may not avoid payment of stranded costs except as provided in this subsection. A customer's responsibility for payment of stranded costs shall be determined as follows:(1) No CTC. An end-user whose actual load is lawfully served by eligible generation and who does not receive any electrical service that requires the delivery of power through the facilities of a transmission and distribution utility is not responsible for payment of any stranded cost charges.(2) CTC for eligible generation. A retail customer whose actual load is lawfully served by eligible generation who also receives electrical service that requires the delivery of power through the facilities of a transmission and distribution utility shall be responsible for payment of stranded cost charges based solely on the services that are actually provided by the transmission and distribution utility, if any, to the customer after the eligible generation facility became fully operational, such as delivery of supplemental, standby, or backup service. Such charges may not include any costs associated with the service that the customer was receiving from the electric utility or its affiliated transmission and distribution utility under their tariffs before the operation of the eligible generation. A customer who changes the type of service received from the electric utility or its affiliated transmission and distribution utility after the customer commences taking energy from eligible generation will pay stranded cost charges associated with the service it is actually receiving from the transmission and distribution utility.(3) CTC for new on-site generation. A retail customer who commences taking power from new on-site generation that represents a material reduction in the customer's use of energy delivered through the utility's facilities shall be responsible for payment of stranded cost charges that are calculated by multiplying the output of the new on-site generation utilized to meet the internal electrical requirements of the customer each month by the sum of the applicable stranded cost charges in effect for that month. The applicable CTC for such customer shall be the CTC associated with the service that the customer was receiving from the electric utility prior to switching to new on-site generation. These stranded cost charges shall be paid in addition to the stranded cost charges applicable to energy actually delivered to the customer through the transmission and distribution utility's facilities. A customer who commences taking power from new on-site generation that does not represent a material reduction in the customer's use of energy delivered through the transmission and distribution utility's facilities shall pay the CTC calculated as set forth in paragraph (2) of this subsection for that portion of the customer's load served by the new on-site generation.(4) Material reduction. For purposes of this subsection, a material reduction shall be a reduction of 12.5% or more of the retail customer's use of energy delivered through the utility's transmission and distribution facilities. The reduction shall be calculated by comparing the customer's monthly use of energy attributable to new on-site generation to the customer's average monthly use of energy delivered through the utility's facilities for the 12-month period immediately preceding the date on which the customer commenced taking energy from the new on-site generation.(5) Multiple on-site power production facilities. A retail customer may designate any number of on-site power production facilities located on a single site as eligible generation under subsection (c)(2)(B) of this section as long as the sum of rated capacities of such facilities does not exceed ten megawatts. Stranded cost charges for any on-site power production facility with a rated capacity of ten megawatts or less, not designated as eligible generation under this paragraph, shall be calculated in accordance with the methodology set forth in paragraph (3) of this subsection for new-on-site generation that results in a material reduction in the retail customer's use of energy delivered through the utility's transmission and distribution facilities. For purposes of determining whether the installation of multiple on-site power production facilities under this paragraph has caused a material reduction in the customer's use of energy under paragraph (4) of this subsection, all of the energy delivered to the customer from such facilities will be taken into account. A customer may not create separate entities on a single site for the purpose of gaining exemptions under this paragraph. A retail customer may change the designation of such an on-site power production facility:(A) No sooner than one year after the facility's initial designation;(B) No sooner than one year after the facility's subsequent designation; or(C) Upon addition or retirement of any such on-site power production facility being used to serve the customer's load.(6) Reporting requirements. Persons owning or operating new on-site generation or eligible on-site generation shall submit the information required by §25.105 of this title (relating to Registration and Reporting by Power Marketers, Exempt Wholesale Generators, and Qualifying Facilities). Those persons shall also comply with procedures and reporting requirements described in the transmission and distribution utility's tariffs related to the assignment and collection of the CTC from eligible and new on-site generation and any other commission rule or regulation related to the implementation of this section.(7) Adjustment to overall CTC. On and after January 1, 2005, the commission will periodically review the overall allocation of the CTC among customers and/or customer classes to incorporate the loss of contribution due to customers taking advantage of the specific statutorily granted exceptions under this section and adjust the charges prospectively. To the extent these are known and measurable at the time of the April 2000 filing, sufficient information shall be provided by the filing utility to allow for calculation of the CTC.(j) Collection and rate design of CTC charges. These charges shall be billed to a customer's retail electric provider. The CTC shall recover the amount of stranded costs as defined in PURA, Chapter 39, Subchapter F that are reasonably projected to exist on the last day of the freeze period. Utilities shall consolidate existing rate classes into the minimum number of classes needed to sufficiently recognize differences in usage of the underlying generation assets. Customers shall be classified into no fewer than the following classes: Residential, Commercial, Firm Industrial, Non-firm, and Back-up Service. No customer classes shall be materially disadvantaged by class consolidation.", "sourceNote": "Source Note: The provisions of this §25.345 adopted to be effective February 9, 2000, 25 TexReg 720." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130169", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.346", "label": "Separation of Electric Utility Metering and Billing Service Costs and Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156707", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to identify and separate electric utility metering and billing service activities and costs for the purposes of unbundling.(b) Application. This section shall apply to electric utilities as defined in Public Utility Regulatory Act (PURA) §31.002 in areas where customer choice is in effect.(c) Separation of transmission and distribution utility billing system service costs.(1) Transmission and distribution utility billing system services shall include costs related to the billing services described in §25.341(15) of this title (relating to Definitions).(2) Charges for transmission and distribution utility billing system services shall not include any additional capital costs, operation and maintenance expenses, and any other expenses associated with billing services as prescribed by PURA §39.107(e).(d) Separation of transmission and distribution utility billing system service activities.(1) Transmission and distribution utility billing system services as defined in §25.341 of this title shall be provided by the transmission and distribution utility.(2) The transmission and distribution utility may provide additional retail billing services pursuant to PURA §39.107(e).(3) Additional retail billing services pursuant to PURA §39.107(e) shall be provided on an unbundled discretionary basis pursuant to a commission-approved embedded cost-based tariff.(4) The transmission and distribution utility may not directly bill an end-use retail customer for services that the transmission and distribution utility provides except when the billing is incidental to providing retail billing services at the request of a retail electric provider pursuant to PURA §39.107(e).(e) Uncollectibles and customer deposits.(1) The retail electric provider is responsible for collection of its charges from retail customers and measures to secure payment.(2) For the purposes of functional cost separation in §25.344 of this title (relating to Cost Separation Proceedings), retail customer uncollectibles and deposits shall be assigned to the unregulated function, as prescribed by §25.344(g)(2)(I) of this title.(f) Separation of transmission and distribution utility metering system service costs. Transmission and distribution utility metering system services shall include costs related to the transmission and distribution utility metering system services as defined in §25.341 of this title.(g) Separation of transmission and distribution utility metering system service activities.(1) Prior to the introduction of customer choice, metering service shall be provided in accordance with Subchapter F of this chapter (relating to Metering). An electric utility shall continue to provide metering services pursuant to commission rules and regulations, but shall not engage in the provision of competitive energy services as defined by §25.341 of this title and prescribed by §25.343 of this title (relating to Competitive Energy Services).(2) On the introduction of customer choice in a service area, metering services as described by §25.341(17) of this title for the area shall continue to be provided by the transmission and distribution utility affiliate (or successor in interest) of the electric utility that was serving the area before the introduction of customer choice, but the transmission and distribution utility shall not engage in the provision of competitive energy services as defined by §25.341 of this title and prescribed by §25.343 of this title.(A) Standard meter service shall be provided in accordance with this subparagraph. Advanced meter service shall be provided in accordance with §25.130 of this title (relating to Advanced Metering).(i) The standard meter shall be owned, installed, and maintained by the transmission and distribution utility except as prescribed by §25.311 of this title (relating to Competitive Metering Services).(ii) The transmission and distribution utility shall bill a retail electric provider for non-bypassable charges based upon the measurements obtained from each end-use customer's standard meter.(iii) If the retail electric provider requests the replacement of the standard meter with an advanced meter, the transmission and distribution utility shall charge the retail electric provider the incremental cost for the replacement of the standard meter with an advanced meter owned, operated, and maintained by the transmission and distribution utility.(iv) Without authorization from the retail electric provider, the transmission and distribution utility's use of advanced meter data shall be limited to that energy usage information necessary for the calculation of transmission and distribution charges in accordance with that end-use customer's transmission and distribution rate schedule.(B) Nothing in this section precludes the retail electric provider from accessing the transmission and distribution utility's standard meter for the purposes of determining an end-use customer's energy usage.(C) Nothing in this section precludes the end-use customer or the retail electric provider from owning, installing, and maintaining metering equipment in addition to the standard meter.(h) Competitive energy services.(1) Nothing in this section is intended to affect the provision of competitive energy services, including those that require access to the customer's meter.(2) An electric utility shall not provide any service that is deemed a competitive energy service under §25.341 of this title except as provided under §25.343 of this title.(i) Electronic data interchange.(1) All transmission and distribution utilities, retail electric providers, power generation companies, power marketers, and electric utilities shall transmit data in accordance with standards and procedures adopted by the commission or the independent organization.(2) All transmission and distribution utilities, retail electric providers, power generation companies, power marketers, and electric utilities shall abide by the settlement procedures adopted by the commission or the independent organization.(3) Transmission and distribution utilities shall be allowed to recover such costs as prudently incurred in abiding by this subsection, to the extent not collected elsewhere, such as through the administrative fee of an independent organization.", "sourceNote": "Source Note: The provisions of this §25.346 adopted to be effective February 9, 2000, 25 TexReg 720; amended to be effective October 22, 2001, 26 TexReg 8345; amended to be effective October 9, 2003, 28 TexReg 8586; amended to be effective May 30, 2007, 32 TexReg 2836." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156707", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.361", "label": "Electric Reliability Council of Texas (ERCOT)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167773", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to the Electric Reliability Council of Texas (ERCOT). It also applies to transmission service providers (TSPs) and transmission service customers, as defined in §25.5 of this title (relating to Definitions), with respect to interactions with ERCOT. For the purpose of this section and §25.362 of this title (relating to Electric Reliability Council of Texas (ERCOT) Governance), an ERCOT rule is a market protocol, operating guide, market guide, or other procedure that constitutes a statement of general policy and that has an impact on the governance of the organization or on reliability, settlement, customer registration, or access to the transmission system in the ERCOT region.(b) Functions. ERCOT shall perform the functions of an independent organization under the Public Utility Regulatory Act (PURA) §39.151 to ensure access to the transmission and distribution systems for all buyers and sellers of electricity on nondiscriminatory terms; ensure the reliability and adequacy of the regional electrical network; ensure that information relating to a customer's choice of retail electric provider is conveyed in a timely manner to the persons who need that information; and ensure that electricity production and delivery are accurately accounted for among the generators and wholesale buyers and sellers in the region. ERCOT shall:(1) administer, on a daily basis, the operational and market functions of the ERCOT system, including procuring and deploying ancillary services, scheduling resources and loads, and managing transmission congestion, as set forth in this chapter, commission orders, and ERCOT rules;(2) administer settlement and billing for services provided by ERCOT, including assessing creditworthiness of market participants and establishing and enforcing reasonable security requirements in relation to their responsibilities under ERCOT rules;(3) serve as the single point of contact for the initiation of transmission services;(4) maintain the reliability and security of the ERCOT region's electrical network, including the instantaneous balancing of ERCOT generation and load and monitoring the adequacy of resources to meet demand;(5) provide for non-discriminatory access to the transmission system, consistent with this chapter, commission orders, and ERCOT rules;(6) accept and supervise the processing of all requests for interconnection to the ERCOT transmission system from owners of new generating facilities;(7) coordinate and schedule planned transmission facility outages;(8) perform system screening security studies, with the assistance of affected TSPs;(9) plan the ERCOT transmission system, in accordance with this section;(10) establish and administer procedures for the registration of market participants;(11) manage and operate the customer registration system;(12) administer the renewable energy program, unless the commission designates a different person to administer the program;(13) monitor generation planned outages;(14) disseminate information relating to market operations, market prices, and the availability of services, in accordance with this chapter, commission orders, and the ERCOT rules;(15) operate an electronic transmission information network; and(16) perform any additional duties required under this chapter, commission orders, and ERCOT rules.(c) Liability. ERCOT shall not be liable in damages for any act or event that is beyond its control and which could not be reasonably anticipated and prevented through the use of reasonable measures, including, but not limited to, an act of God, act of the public enemy, war, insurrection, riot, fire, explosion, labor disturbance or strike, wildlife, unavoidable accident, equipment or material shortage, breakdown or accident to machinery or equipment, or good faith compliance with a then valid curtailment, order, regulation or restriction imposed by governmental, military, or lawfully established civilian authorities.(d) Planning. ERCOT shall conduct transmission system planning and exercise comprehensive authority over the planning of bulk transmission projects that affect the transfer capability of the ERCOT transmission system. ERCOT shall supervise and coordinate the other planning activities of TSPs.(1) ERCOT shall evaluate and make a recommendation to the commission as to the need for any transmission facility over which it has comprehensive transmission planning authority.(2) A TSP shall coordinate its transmission planning efforts with those of other TSPs, insofar as its transmission plans affect other TSPs.(3) ERCOT shall submit to the commission any revisions or additions to the planning guidelines and procedures prior to adoption. ERCOT may seek input from the commission as to the content and implementation of its guidelines and procedures as it deems necessary.(e) Information and coordination. Transmission service providers and transmission service customers shall provide such information as may be required by ERCOT to carry out the functions prescribed by this chapter, commission orders, and ERCOT rules. ERCOT shall maintain the confidentiality of competitively sensitive information and other protected information, as specified in §25.362 of this title. Providers of transmission and ancillary services shall maintain the confidentiality of competitively sensitive information entrusted to them by ERCOT or a transmission service customer.(f) Interconnection standards. ERCOT may prescribe reliability and security standards for the interconnection of generating facilities that use the ERCOT transmission network. Such standards shall not adversely affect or impede manufacturing or other internal process operations associated with such generating facilities, except to the minimum extent necessary to assure reliability of the ERCOT transmission network.(g) ERCOT administrative fee. ERCOT shall charge an administrative fee, and the fees it charges are subject to commission approval, in accordance with this chapter.(h) Reports. Each TSP and transmission service customer in the ERCOT region shall on an annual basis provide to ERCOT historical information concerning peak loads and resources connected to the TSP's system.(i) Anti-trust laws. The existence of ERCOT is not intended to affect the application of any state or federal anti-trust laws.(j) Decertification. ERCOT shall be subject to decertification as an independent organization in accordance with §25.364 of this title (relating to Decertification of an Independent Organization).(k) Pilot Projects.(1) ERCOT may conduct pilot projects to provide a temporary platform to evaluate resources, technologies, services, and processes that demonstrate the potential to advance the operational and market functions of the ERCOT system. The pilot projects will allow ERCOT to validate performance claims of alternative technologies, evaluate the extent to which new technologies or processes can provide services that comply with federal and state reliability standards, and review how resources perform in various operational and market scenarios. As part of a pilot project, ERCOT may grant temporary exceptions from ERCOT rules, as necessary to effectuate the purposes of the pilot project. ERCOT may use information gained from pilot projects to inform the development of permanent changes to ERCOT rules.(2) Process for Development and Approval of Pilot Projects. ERCOT may conduct a pilot project upon approval of the scope and purposes of the pilot project by the governing board of ERCOT. Proposals for approval of pilot projects shall be made to the governing board only by ERCOT staff, after consultation with affected market participants and commission staff designated by the executive director. The ERCOT governing board shall ensure that there is an opportunity for adequate stakeholder review and comment on any proposed pilot project. Pilot project proposals approved by the ERCOT governing board shall include:(A) The scope and purposes of the pilot project;(B) Designation of temporary exceptions from ERCOT rules that ERCOT expects to authorize as part of the pilot project;(C) Criteria and reporting mechanisms to determine whether and when ERCOT should propose changes to ERCOT rules based upon results of a pilot project;(D) An estimate of costs ERCOT will incur attributable to the pilot project; and(E) An estimated date of completion for the pilot project.(3) Participation in a pilot project shall not be required as a condition to the deployment of any resource, technology, or process that complies with existing ERCOT rules. The existence of a pilot project does not prohibit any market participant from proposing changes to ERCOT rules that are not dependent on the outcome of the pilot project.(4) A decision of the ERCOT governing board approving a pilot project pursuant to this subsection constitutes \"ERCOT conduct\" for purposes of appeal to the commission pursuant to §22.251 of this title (relating to Review of Electric Reliability Council of Texas (ERCOT) Conduct).", "sourceNote": "Source Note: The provisions of this §25.361 adopted to be effective June 20, 2001, 26 TexReg 4440; amended to be effective March 30, 2003, 28 TexReg 2496; amended to be effective October 19, 2009, 34 TexReg 7197; amended to be effective March 22, 2011, 36 TexReg 1817; amended to be effective June 20, 2012, 37 TexReg 4410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167773", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.362", "label": "Electric Reliability Council of Texas (ERCOT) Governance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167896", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section provides standards for the governance of an independent organization within the ERCOT region.(b) Application. This section applies to ERCOT or any other organization within the ERCOT region that qualifies as an independent organization under PURA §39.151.(c) Adoption of rules by ERCOT and commission review. ERCOT shall adopt and comply with procedures concerning the adoption and revision of ERCOT rules.(1) The procedures shall provide for advance notice to interested persons, an opportunity to file written comments or participate in public discussions, and, in the case of market protocols, operating guides, planning guides, and market guides, an evaluation by ERCOT of the costs and benefits to the organization and the operation of electricity markets.(2) ERCOT staff, the independent market monitor, and the commission's reliability monitor may comment on any proposed change in ERCOT rules that affects the operation and competitiveness of markets operated by ERCOT or reliability of the electric network in ERCOT.(3) If the findings of a commission-mandated audit of ERCOT operations or governance indicate the need for a change in operating practices or procedures or governance rules, ERCOT shall develop and submit to the commission a plan for implementing the changes. ERCOT shall implement the plan, as approved by the commission. Commission-mandated audits, as contemplated in PURA §39.151(d) and (d-1), shall be funded by ERCOT and do not require approval by the governing board of ERCOT.(4) The commission may review a provision of ERCOT's articles of incorporation or by-laws, or a new or amended ERCOT rule on the application of an interested person, including commission staff and the Office of Public Utility Counsel.(5) The commission shall process requests for review of a provision of ERCOT's articles of incorporation or by-laws, a new or amended ERCOT rule, or ERCOT decision in accordance with §22.251 of this title (relating to Review of Electric Reliability Council of Texas (ERCOT) Conduct). A request for review under this subsection initiated by the commission, commission staff, or the Office of Public Utility Counsel is not subject to the alternative dispute resolution requirements in §22.251(c) of this title, which requires the use of Section 20 of the ERCOT Protocols (Alternative Dispute Resolution Procedures), Section 21 of the Protocols (Process for Protocol Revision), or other applicable ERCOT procedures. In addition, the commission may, for good cause, waive the requirement that a complaint be filed within the time prescribed in §22.251(d) of this title.(d) Access to meetings. ERCOT shall adopt and comply with procedures for providing access to its meetings to market participants and the general public. These procedures shall include provisions on advance notice of the time, place, and topics to be discussed during open and closed portions of the meetings, and making and retaining a record of the meetings. Records of meetings of the governing board shall be retained permanently, and ERCOT shall establish reasonable retention periods, but not less than five years, for records of other meetings.(e) Access to information. This subsection governs access to information held by ERCOT.(1) ERCOT shall adopt and comply with procedures that allow persons to request and obtain access to records that ERCOT has or has access to relating to the governance and budget of the organization, market operations, reliability, settlement, customer registration, and access to the transmission system. ERCOT shall make these procedures publicly available. Information that is available for public disclosure pursuant to ERCOT procedures shall normally be provided within ten business days of the receipt of a request for the information. If a response requires more than ten business days, ERCOT shall notify the requester of the expected delay and the anticipated date that the information may be available. ERCOT's procedures regarding access to records shall be consistent with this chapter and commission orders.(A) Information submitted to or collected by ERCOT pursuant to requirements of ERCOT rules shall be protected from public disclosure only if it is designated as Protected Information pursuant to ERCOT rules, except as otherwise provided in this subsection.(B) ERCOT shall promptly respond to a request from the commission, a commissioner, a commissioner's designee, the commission executive director, or the executive director's designee for information that ERCOT collects, creates or maintains, in order to provide the commission access to information that the commission, a commissioner, a commissioner's designee, the executive director, or the executive director's designee determines is necessary to carry out the commission's responsibilities for oversight of ERCOT and the wholesale and retail markets.(C) In the absence of a request for information under the Texas Public Information Act, Texas Government Code Annotated, the commission staff may seek to release information that the commission has in its possession or has access to that has been designated as Protected Information under ERCOT rules, and the commission may determine the validity of the asserted claim of confidentiality through a contested-case proceeding. In a contested-case proceeding conducted by the commission pursuant to this subsection, the staff, the entity that provided the information to the commission, and ERCOT will have an opportunity to present information or comment to the commission on whether the information is subject to protection from disclosure under law.(D) In connection with any challenge to the confidentiality of information under subparagraph (C) of this paragraph, any person who asserts a claim of confidentiality with respect to the information must, at a minimum, state in writing the specific reasons why the information is subject to protection from public disclosure and provide legal authority in support of the assertion.(2) Commission employees, consultants, agents, and attorneys who have access to Protected Information pursuant to this section shall not disclose such information except as provided in the Texas Public Information Act.(f) Conflicts of interest. ERCOT shall adopt policies to ensure that its operations are not affected by conflicts of interests relating to its employees' outside employment and financial interests and its contractors' relationships with other businesses. These policies shall include an obligation to protect confidential information obtained by virtue of employment or a business relationship with ERCOT.(g) Qualifications, selection, and removal of members of the governing board. ERCOT shall establish and implement criteria for an individual to serve as a member of its governing board, procedures to determine whether an individual meets these criteria, and procedures for removal of an individual from service if the individual ceases to meet the criteria.(1) The qualification criteria shall include:(A) Definitions of the market sectors;(B) Levels of activity in the electricity business in the ERCOT region that an organization in a market sector must meet, in order for a representative of the organization to serve as a member of the governing board;(C) Standards of good standing that an organization must meet, in order for a representative of the organization to serve as a member of the governing board; and(D) Standards of good standing that an individual must meet, in order for the individual to serve as a member of the governing board.(2) The procedures for removal of a member from service on the governing board shall include:(A) Procedures for determining whether an organization or individual meets the criteria adopted under paragraph (1) of this subsection; and(B) Procedures for the removal of an individual from the governing board if the individual or the organization that the individual represents no longer meets the criteria adopted under paragraph (1) of this subsection or violates an ERCOT rule, including a written ERCOT policy adopted under this section, or commission rule, or applicable statute.(3) The procedures adopted under paragraph (2) of this subsection shall:(A) Permit any interested party to present information that relates to whether an individual or organization meets the criteria specified in paragraph (1) of this subsection or has violated an ERCOT rule, including a written ERCOT policy adopted under this section, or commission rule, or applicable statute; and(B) Specify how decisions concerning the qualification of an individual or whether an individual has violated an ERCOT rule or written ERCOT policy or procedure adopted under this section, or commission rule, or applicable statute will be made.(4) A decision concerning an individual or organization's qualification or an individual's removal from the governing board is subject to review by the commission.(5) ERCOT shall notify the commissioners when a vacancy occurs for an unaffiliated member of the governing board. ERCOT shall provide information to the commissioners concerning the process for selecting a new member, the candidates who have been identified and their qualifications, any recommendation that will be made to the governing board, and any other information requested by a commissioner. The selection of an unaffiliated member of the governing board is subject to approval by the commission. A person who is selected may not serve as a member of the governing board until the commission approves the selection. An unaffiliated board member whose three-year term has expired shall, if reappointed by the ERCOT governing board, cease serving as a member of the governing board until the reappointment is approved by the commission. The commission may remove an unaffiliated member of the governing board for cause. Compensation, per diem and travel reimbursements to be paid to unaffiliated members of the governing board shall be subject to commission review and approval. As used in this paragraph, \"cause\" shall mean:(A) a violation of a commission rule or applicable statute, an ERCOT rule, or written ERCOT policy or procedure adopted under this section;(B) a director is indicted or charged with a felony or is convicted of a misdemeanor involving moral turpitude;(C) conduct inconsistent with a director's fiduciary duty to ERCOT or that may reflect poorly upon the board or ERCOT; or(D) a fundamental disagreement with the commission as to the policies or procedures that ERCOT shall adopt, in each case as determined by the commission at its sole discretion.(6) A member of the governing board of ERCOT appointed after the effective date of this paragraph who serves as an unaffiliated member may not represent a market participant before the governing board of ERCOT, the ERCOT technical advisory committee, or any of its subcommittees or working groups, for a period of one year after the person ceases to serve as a member of the governing board.(h) Chief executive officer. The appointment of the chief executive officer of ERCOT is subject to commission approval. ERCOT shall notify the commissioners when a vacancy occurs for the chief executive officer. ERCOT shall provide information to the commissioners concerning the process for selecting a new chief executive officer, the candidates who have been identified and their qualifications, any recommendation that will be made to the governing board, and any other information requested by a commissioner. A person may not seek the position of the ERCOT chief executive officer while serving as a commissioner. Compensation to be paid to the ERCOT chief executive officer shall be subject to commission review and approval.(i) Required reports and other information. ERCOT shall file with the commission the reports and provide the information required by this subsection.(1) The qualification criteria shall include:(A) Definitions of the market sectors;(B) Levels of activity in the electricity business in the ERCOT region that an organization in a market sector must meet, in order for a representative of the organization to serve as a member of the governing board;(C) Standards of good standing that an organization must meet, in order for a representative of the organization to serve as a member of the governing board; and(D) Standards of good standing that an individual must meet, in order for the individual to serve as a member of the governing board.(2) Operations report and plan. No later than January 15 of each year, ERCOT shall file an operations report and plan. The commission may initiate a review of the plan, at its discretion. The report and plan shall contain the following information:(A) A copy of an independent audit of ERCOT's market operation for the report year;(B) A summary of key market operations statistics, including prices and quantities of energy and capacity purchased in the markets operated by ERCOT;(C) A summary of key reliability statistics;(D) A summary of transmission planning and generation interconnection activities and the most recent report on capacity, demand and reserves;(E) A description of ERCOT's roles and responsibilities within the electric market in Texas, including system reliability, operation of energy and capacity markets, managing transmission congestion, transmission planning and interconnection of new generating plants, and a description of how ERCOT's roles and responsibilities relate to the roles and responsibilities of the transmission and distribution utilities and retail electric providers and to the North American Electric Reliability Corporation and Texas Reliability Entity;(F) A risk management plan that identifies any significant risks to system reliability, the operation of ERCOT's energy and capacity markets, its management of transmission congestion, and any other risks that would significantly disrupt the sale and delivery of electricity within the ERCOT region, and the measures that might be taken to mitigate such risks;(G) An emergency communications plan that describes how ERCOT will communicate with the public, media, governmental entities, and market participants concerning events that affect the bulk electric system;(H) An assessment of the reliability and adequacy of the ERCOT system during extremely cold or extremely hot weather conditions, or drought, for which purpose ERCOT has the right, upon reasonable notice, to conduct generator site visits to review compliance with weatherization plans and has the right to obtain from generators any information concerning water supplies for generation purposes, including contracts, water rights, and other information; and(I) Identification of existing and potential transmission constraints, and the need for additional transmission, generation or demand response resources within the ERCOT region. The report shall include projections of changes in demand, the capability of generation, energy storage, and demand response resources, projected reserve margins, alternatives for meeting system needs, and recommendations for meeting system needs.(3) Quarterly reports. ERCOT shall file quarterly reports no later than 45 days after the end of each quarter, which shall include:(A) Any internal audit reports that were produced during the reporting quarter;(B) A report on performance measures, as prescribed by the commission;(C) By account item as established in the fee-filing package prescribed by the commission under §22.252 of this title (relating to Procedures for Approval of ERCOT Fees and Rates) a report of:(i) ERCOT fees and other rates, funds allocated, funds encumbered, and funds expended;(ii) An explanation for expenditures deviating from the original funding allocation for the particular account item;(iii) For the report covering the fourth quarter of ERCOT's fiscal year, a detailed explanation of how unexpended funds will be expended in the subsequent year; and(D) Any other information the commission may deem necessary.(4) Emergency reports. If ERCOT management becomes aware of any event or situation that could reasonably be anticipated to adversely affect the reliability of the regional electric network; the operation or competitiveness of the ERCOT market; ERCOT's performance of activities related to the customer registration function; or the public's confidence in the ERCOT market or in ERCOT's performance of its duties, ERCOT management shall immediately notify the chairman of the commission, or the chairman's designee, and the executive director of the commission, or the executive director's designee, by telephone. Additionally, ERCOT shall file a written report of the facts involved by the end of the following business day after becoming aware of such event or situation, unless the executive director specifies, in writing, that the report may be delayed. The executive director may not authorize a delay of more than 30 days for filing the required written report. For good cause, the commission may grant further delays in filing the required report. If it determines that additional reports are necessary, the commission may establish a schedule for the filing of additional reports after the initial written report by ERCOT. As a part of any additional written report, ERCOT may be required to fully explain the facts and to disclose any actions it has taken, or will take, in order to prevent a recurrence of the events that led to the need for filing an emergency report.(5) Meeting Periodicity Report. Beginning with the effective date of this section, ERCOT shall recommend annually to the commission the periodicity of governing board meetings. ERCOT's recommendation shall be based on an examination of the frequency of meetings conducted by similar organizations and shall include an estimate of the costs associated with meeting more frequently than once per quarter.(j) Compliance with rules or orders. ERCOT shall inform the commission with as much advance notice as is practical if ERCOT realizes that it will not be able to comply with PURA, any provision of this chapter, or a commission order. If ERCOT fails to comply with PURA, any provision of this chapter, or a commission order, the commission may, after notice and opportunity for hearing, adopt the measures specified in this subsection or such other measures as it determines are appropriate.(1) The commission may require ERCOT to submit, for commission approval, a proposal that details the actions ERCOT will undertake to remedy the non-compliance.(2) The commission may require ERCOT to begin submitting reports, in a form and at a frequency determined by the commission, that demonstrate ERCOT's current performance in the areas of non-compliance.(3) The commission may require ERCOT to undergo an audit performed by an appropriate independent third party.(4) The commission may assess administrative penalties under PURA Chapter 15, Subchapter B.(5) The commission may suspend or revoke ERCOT's certification under PURA §39.151(c) or deny a request for change in the terms associated with such certification.(6) Nothing in this section shall preclude any form of civil relief that may be available under federal or state law.(k) Priority of commission rules. This section supersedes any protocols or procedures adopted by ERCOT that conflict with the provisions of this section. The adoption of this section does not affect the validity of any rule or procedure adopted or any action taken by ERCOT prior to the adoption of this section.", "sourceNote": "Source Note: The provisions of this §25.362 adopted to be effective March 30, 2003, 28 TexReg 2496; amended to be effective November 3, 2003, 28 TexReg 9526; amended to be effective December 28, 2004, 29 TexReg 11967; amended to be effective March 22, 2011, 36 TexReg 1817; amended to be effective March 6, 2013, 38 TexReg 1359; amended to be effective June 26, 2014, 39 TexReg 4743." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167896", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.363", "label": "ERCOT Budget and Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142852", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. This section applies to the budget of and all fees and rates levied or charged by the Electric Reliability Council of Texas (ERCOT) in its role as an independent organization under PURA §39.151.(1) A fee or rate that was in effect on the effective date of this section shall remain in effect and shall not be changed, except as provided in this section.(2) ERCOT shall not implement any new or modified budget, rate or fee without commission approval, except as otherwise provided by this section.(3) ERCOT shall not incur expenses or capital outlays in any year that exceed the amounts approved by the commission, except in the case of an emergency that impairs its ability to conduct is functions.(4) ERCOT shall not incur debt, defer scheduled principal repayments of debt, or refinance existing debt without commission approval. ERCOT shall seek approval of any loan or agreement to provide a line of credit from a bank or other institution, the issuance of bonds or notes, and any arrangements that would permit it to issue bonds or permit the issuance of bonds on its behalf at a later date. The commission may approve, disapprove, or modify a proposal made pursuant to this paragraph. This paragraph does not require approval of a contract to lease equipment or other property used in normal operations, approval of a loan or draw on an existing line of credit or other credit arrangement that has been approved by the commission, or renewal of an existing working capital line of credit that has been approved by the commission.(b) System of accounts and reporting. For the purpose of accounting and reporting to the commission, ERCOT shall maintain its books and records in accordance with Generally Accepted Accounting Principles. ERCOT shall establish a standard chart of accounts and employ it consistently from year to year. The standard chart of accounts shall be used for the purpose of reporting to the commission and shall be consistent with the long-term operations plan prescribed by §25.362 of this title (relating to Electric Reliability Council of Texas (ERCOT) Governance). The accounts shall show all revenues resulting from the various fees charged by ERCOT and reflect all expenses in a manner that allows the commission to determine the sources of the costs incurred for each major activity conducted by ERCOT.(c) Allowable expenses. Expenses and capital outlays in the budget shall be based upon ERCOT's expected cost of performing its required functions as described in PURA §39.151(a) and this chapter. To determine whether the costs are reasonable and necessary, the commission may consider the budget justification provided by ERCOT, the ERCOT long-term operations plan, costs incurred by market participants and other independent system operators for similar activities, costs incurred in prior years, capital projects identified in the budget, and to any other information and data considered appropriate by the commission.(1) Only those expenses that are reasonable and necessary to carry out the functions described in PURA §39.151 and this chapter shall be included in allowable expenses.(2) Allowable expenses, to the extent they are reasonable and necessary, may include, but are not limited to, the following general categories:(A) Operating expenses, which include salaries and related benefits, direct advertising for the specific purpose of recruiting employees, legal and consulting services, hardware and software maintenance and licensing, insurance, employee training and travel, and depreciation;(B) Facility and equipment costs, and other long-lived investments;(C) Debt service (interest plus principal reduction) and other reasonable and necessary costs of capital to fund investments in property and facilities, and other capital expenditures that are used and useful in performing the functions of an independent organization;(D) Expenses associated with fees and dues charged by organizations setting electric or energy business practices and communications standards (e.g., North American Electric Reliability Council, North American Energy Standards Board, and ISO/RTO Council) of which ERCOT is a member; and(E) Actual expenditures for public service announcements and community education efforts.(3) The following are not allowable as a component of expenses:(A) Legislative advocacy expenses, whether made directly or indirectly;(B) Funds expended in support of political candidates, movements or causes;(C) Funds expended promoting religious causes;(D) Funds expended in support of or in acquiring membership in social, recreational, or fraternal clubs or organizations;(E) Funds expended for advertising, marketing, or other promotions, which includes, but is not limited to:(i) promotional goods;(ii) efforts to increase name recognition;(iii) radio, television, newspaper or other media advertising; except as otherwise expressly authorized; and(F) Any expenditure found by the commission to be unreasonable, unnecessary, not in the public interest, or not sufficiently supported by the fee-filing package and accompanying evidence.(d) Budget Submission. ERCOT shall submit its proposed budget for commission review as specified in the commission order approving its previous budget. As part of its application for approval of its proposed budget, ERCOT shall include all information necessary for the commission to evaluate the proposed budget, including all information required under this section. The commission shall provide public notice of ERCOT's proposed budget and allow a reasonable opportunity for the public to comment on the ERCOT's proposed budget. The review and approval of a proposed budget or a proceeding to authorize and set the range for the amount of the fee under this section is not a contested case for purposes of Chapter 2001 of the Texas Government Code.(e) Commission review and action. The ERCOT annual budget and any change in the system administration fee are subject to review by the commission either annually or biennially, at the commission's discretion. Prior to the submission of a proposed budget or change in the system administration fee to the governing board for its approval, ERCOT shall consult with commission staff designated by the executive director in connection with the development of the budget and shall provide to the staff information concerning budget strategies, staffing requirements, categories of expenses, capital outlays, exceptional expenses and capital items, and proposals to incur additional debt. ERCOT shall file with the commission its board-approved budget, budget strategies, and staffing needs, with a justification for all expenses, capital outlays, additional debt, and staffing requirements. The commission may approve, disapprove, or modify any item included in the proposed budget and budget strategies. After approving ERCOT's budget, the commission shall authorize ERCOT to charge a system administration fee, within a range determined by the commission, that is reasonable and competitively neutral to fund ERCOT's budget. ERCOT shall closely match actual revenues generated by the system administration fee and other sources of revenue with revenue necessary to fund the budget, taking into account the effect of a fee change on market participants and consumers, to ensure that the budget year does not end with a surplus or insufficient funds. Any change to the fee approved by the commission or made during the course of an annual or biennial budget cycle will be noticed through standard market processes at least 45 days before implementation. ERCOT shall file with the commission, upon request, a report comparing actual expenditures with budgeted expenditures. Such reports shall be filed at least once per year.(f) Performance measures. ERCOT shall develop proposed performance measures to track its operations. Such measures shall be submitted for commission review and approval at the time ERCOT submits its proposed budget. ERCOT shall provide an explanation for any performance measure whose value for any of the preceding three calendar years was not within 5% of the commission-approved target. The commission will review ERCOT's performance as part of the budget review process. The commission shall prepare a report evaluating ERCOT's performance at the time the commission approves ERCOT's budget and shall submit the report to the Lieutenant Governor, the Speaker of the House of Representatives, and each house and senate standing committee that has jurisdiction over electric utility issues.(g) User Fees. ERCOT may charge reasonable user fees for services provided by ERCOT to any market participant or other entity. User fees do not include the system administration fee and the ERCOT nodal implementation surcharge. A new or revised user fee may be approved by the ERCOT governing board. Any affected entity, including the commission staff and the public counsel, may file an appeal of the establishment or revision of a user fee, in accordance with §22.251 of this title (relating to Review of Electric Reliability Council of Texas (ERCOT) Conduct), except that the provisions of §22.251(c) of this title (which requires the use of Section 20 of the ERCOT Protocols (Alternative Dispute Resolution Procedures), or Section 21 of the Protocols (Process for Protocol Revision), or other Applicable ERCOT Procedures) shall not apply.", "sourceNote": "Source Note: The provisions of this §22.363 adopted to be effective November 3, 2003, 28 TexReg 9526; amended to be effective March 22, 2011, 36 TexReg 1817; amended to be effective July 15, 2014, 39 TexReg 5381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142852", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.364", "label": "Decertification of an Independent Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the procedures for the decertification of an independent organization and the transfer of assets to a successor organization pursuant to Public Utility Regulatory Act (PURA) §39.151(d).(b) Applicability. This section applies to any organization that the commission has certified as an independent organization pursuant to PURA §39.151.(c) Initiation of proceeding to decertify. The commission may initiate a proceeding to revoke an independent organization's certification. Prior to initiating a proceeding to revoke a certification, the commission may conduct an audit or study of the performance of an independent organization with respect to its efficiency and effectiveness in carrying out the duties of an independent organization under PURA and this title. Any such audit or study may be conducted or supervised by the commission and shall be funded by the independent organization.(d) Standard for decertification. The commission may issue an order decertifying an independent organization if it finds that the organization has committed significant violations of PURA or commission rules or failed to efficiently and effectively carry out the duties of an independent organization.(e) Order revoking certification. The commission's order revoking certification shall ensure continuity of operations of the independent organization and shall designate the successor organization that will assume the functions of the independent organization. The commission order revoking certification will provide for the independent organization to transfer its assets and liabilities to the successor independent organization designated by the commission.(f) Selection of successor organization. Prior to the decertification of an independent organization, the commission shall designate, and certify pursuant to PURA §39.151(c), a successor independent organization from among persons that have submitted proposals in response to the commission's request. To the extent that there are duties performed by the current independent organization that are not required by statute, organizations other than a successor independent organization may be designated to assume those functions.(g) Transfer of assets. The transfer of assets and liabilities from a decertified independent organization to its successor organization shall be made in a way that ensures that the functions of the independent organization continue to be provided reliably and without interruption. The commission may impose specific conditions or requirements upon the transfer of assets and liabilities.(h) Continuity of operations. To ensure that all of the required functions of the independent organization continue to be carried out during the decertification and transfer process, the commission, upon its own initiative, may order the independent organization or its successor organization, or both, to perform or continue certain acts related to the organization's operation. These include, but are not limited to, capital investment projects, financing, meeting or renegotiating contractual obligations, and employment of essential personnel.", "sourceNote": "Source Note: The provisions of this §25.364 adopted to be effective October 19, 2009, 34 TexReg 7197." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129949", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.365", "label": "Independent Market Monitor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144250", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to define the responsibilities and authority of the independent market monitor (IMM) for the ERCOT wholesale markets, establish the standards for funding the IMM, specify the staffing requirements and qualifications for the IMM, and establish ethics standards for the IMM. This section also specifies the relationship of the IMM to the commission, to ERCOT, and to market participants. The IMM shall operate under the commission's supervision and oversight, but the IMM shall offer independent analysis to the commission to assist in making judgments in the public interest.(b) Definitions. The following words and terms when used in this section shall have the following meaning, unless the context indicates otherwise:(1) Independent Market Monitor (IMM)--Depending on the context, the office of the IMM or the director of the IMM and its staff.(2) Market--The course of commercial activity by which the exchange of goods or services is effected. As used in this section, the term may refer to an entire market or a portion of a market.(3) Market participant--Any person or entity participating in the power region's wholesale markets, or engaging in any activity that is in whole or in part the subject of the ERCOT protocols, regardless of whether the person or entity has executed an agreement with ERCOT. This definition includes, but is not limited to, a load-serving entity (including a municipally-owned utility and an electric cooperative), a retail electric provider, a qualified scheduling entity, a power marketer, a transmission and distribution utility, a power generation company, a qualifying facility, an exempt wholesale generator, a load acting as a resource, and any entity conducting planning, scheduling, or operating activities on behalf of such market participants.(c) Objectives of market monitoring. The IMM shall monitor wholesale market activities so as to:(1) Detect and prevent market manipulation strategies and market power abuses; and(2) Evaluate the operations of the wholesale market and the current market rules and proposed changes to the market rules, and recommend measures to enhance market efficiency.(d) Responsibilities of the IMM. The IMM shall gather and analyze information and data as needed for its market monitoring activities. The duties and responsibilities of the IMM may include:(1) Monitoring all markets in the power region for energy, capacity services, and congestion revenue rights, and the ERCOT protocols and related procedures and practices that affect supply, demand, and the efficient functioning of such markets;(2) Developing and regularly monitoring market screens and indices to identify abnormal events in the power region's wholesale markets;(3) Analyzing events that fail the screens and other abnormal activities and market events, using computer simulation and advanced quantitative tools as necessary;(4) Developing and regularly monitoring performance measures to evaluate market participants' and ERCOT's compliance with the ERCOT protocols and operating guides;(5) Assessing the effectiveness of ERCOT's management of the energy, ancillary capacity services, and congestion rights markets operated by ERCOT, and evaluating the effectiveness of congestion management by ERCOT;(6) Conducting market power tests and other analyses related to market power determination;(7) Analyzing the ERCOT protocols and other market rules and proposed changes to those rules to identify opportunities for strategic manipulation and other economic inefficiencies, as well as potential areas of improvement;(8) Conducting investigations of specific market events;(9) Providing expert testimony services relating to the IMM's independent analysis, findings, and expertise, as part of the commission staff's case in enforcement proceedings initiated by the executive director in accordance with §22.246 of this title (relating to Administrative Penalties) or other commission proceedings;(10) Maintaining a market oversight website to share market information with the public;(11) Preparing market monitoring reports as required under subsection (k) of this section;(12) Recommending to the commission measures to enhance the efficiency of the wholesale market and methods to correct market design flaws it has identified; and(13) Performing any additional duties required by the commission within the scope of the Public Utility Regulatory Act §39.1515.(e) Authority of the IMM.(1) The IMM has the authority to conduct monitoring, analysis, reporting, and related activities but has no enforcement authority.(2) The IMM has the authority to question a market participant about activities that may violate commission rules or ERCOT protocols or may be potential market manipulations. The IMM may inform a market participant that its activities may be in violation of commission rules or ERCOT protocols or operating guides, subject to the restrictions established by subsection (j)(2) of this section.(3) The IMM has the authority to require submission of any information and data it considers necessary to fulfill its monitoring and investigative responsibilities by ERCOT and by market participants. Market participants and ERCOT shall provide complete, accurate, and timely responses to all IMM requests for documents, data, information, and other materials.(4) The IMM may require that each market participant designate one or more points of contact that can answer questions the IMM may have regarding a market participant's operations or market activities.(f) Selection of the IMM. ERCOT and the commission shall contract with an entity selected by the commission to act as the commission's wholesale market monitor. The IMM shall be established as an office independent from ERCOT, and is not subject to the supervision of ERCOT with respect to its monitoring and investigative activities.(g) Funding of the IMM. The budget and expenditures of the IMM are subject to commission supervision and oversight. Financial controls and reporting procedures shall be implemented by the IMM and ERCOT to ensure that expenditures are consistent with the budget that was approved by the commission, and with this section.(1) ERCOT shall fund the operations of the IMM using money from the rate authorized by PURA §39.151.(2) The funding of the IMM shall be sufficient to ensure that the IMM has the resources and expertise necessary to monitor the wholesale electric market effectively, as determined by the commission.(3) ERCOT shall maintain separate accounts of expenditures in support of the IMM.(4) ERCOT shall directly assign costs arising from the IMM function to the IMM whenever possible. To the extent overhead and shared expenses cannot be directly assigned, ERCOT shall allocate such expenses to the IMM based on appropriate cost causation factors. ERCOT shall maintain all records and work papers necessary to substantiate all direct charges and allocations to the IMM.(h) Staffing requirements and qualification of IMM director and staff.(1) The director of the IMM shall have the qualifications necessary to oversee performance of the duties and responsibilities in subsection (c) of this section. The staff of the IMM shall have the qualifications needed to perform the market monitoring functions in subsection (c) of this section. The IMM director and staff shall be subject to background security checks as determined by the commission.(2) The staff of the IMM shall collectively possess a set of technical skills necessary to perform market monitoring functions, which typically includes economics, with a focus on market analysis and market competitiveness; power engineering; statistics and programming; and modeling, with a focus on optimization modeling.(i) Ethics standards governing the IMM director and staff.(1) During the period of a person's service with the IMM, the IMM director and an IMM employee shall not:(A) have a professional or financial interest in a market participant or an affiliate of a market participant; or own shares in a company that provides consulting services to a market participant;(B) serve as an officer, director, partner, owner, employee, attorney, or consultant for ERCOT or a market participant or an affiliate of a market participant;(C) directly or indirectly own or control securities in a market participant, an affiliate of a market participant, or direct competitor of a market participant or affiliate, except that it is not a violation of this rule if the IMM director or an IMM employee indirectly owns an interest in a retirement system, institution or fund that in the normal course of business invests in diverse securities independently of the control of the IMM director or employee; or(D) accept a gift, gratuity, or entertainment from ERCOT, a market participant, affiliate of a market participant, or an employee or agent of a market participant or affiliate of a market participant.(2) The IMM director or an IMM employee shall not directly or indirectly solicit, request from, suggest, or recommend to a market participant or affiliate of a market participant, or an employee or agent of a market participant or affiliate of a market participant, the employment of a person by a market participant or affiliate.(3) The commission may impose post employment restrictions for the IMM and its employees.(j) Confidentiality standards governing the IMM director and staff.(1) The IMM shall protect confidential information and data in accordance with the confidentiality standards established in PURA, the ERCOT protocols, commission rules, and other applicable laws. The requirements related to the level of protection to be afforded information protected by these laws and rules are incorporated in this section.(2) Unless otherwise notified by the commission legal staff, the IMM may not communicate with a market participant or with an ERCOT board member, officer, or employee, or with any other entity concerning a particular subject matter once the commission legal staff notifies the IMM that the subject matter is the subject of an investigation or enforcement proceeding.(k) Reporting requirement. All reports prepared by the IMM shall reflect the IMM's independent analysis, findings, and expertise. The IMM shall provide periodic updates to market participants regarding the operation of the ERCOT wholesale market. In addition, the IMM shall prepare and submit to the commission the following reports:(1) Daily, monthly, and quarterly reports on prices and congestion;(2) An annual report on the state of the market, which will include an assessment of the competitiveness of the market; an assessment of the efficiency of ERCOT's management of the balancing energy, ancillary services, and congestion rights markets; an evaluation of the effectiveness of congestion management by ERCOT; an evaluation of whether there are inappropriate incentives, flaws, inefficiencies, and opportunities for manipulation in the market design; and any recommendations for improving the market design; and(3) Periodic or special reports on market conditions or specific events as directed by the commission.(l) Communication between the IMM and the commission.(1) The personnel of the IMM may communicate with commission staff on any matter without restriction.(2) The IMM shall:(A) Immediately report directly to the commission any potential market manipulations, including market power abuse, and any discovered or potential violations of commission rules or ERCOT protocols or operating guides;(B) Periodically report abnormal bids, offers, operational activities, and market behavior that have not been reported in accordance with paragraph (1) of this subsection or subsection (k) of this section.(C) Regularly communicate with the commission and commission staff, and keep the commission updated regarding its activities, findings, and observations;(D) Coordinate with the commission to identify priorities; and(E) Coordinate with the commission to assess the resources and methods for monitoring the wholesale market effectively, including consulting needs.(m) ERCOT's responsibilities and support role. ERCOT and the IMM shall jointly develop procedures and interfaces to ensure that the IMM director and staff have full access to ERCOT's operations centers, staff, and records relating to operations, settlement, and reliability. ERCOT shall designate liaisons to facilitate communications with the IMM on ERCOT's operations and information technology.(1) ERCOT shall develop and operate an information system to collect and to store data required by the ERCOT protocols, and shall provide adequate communication equipment and necessary software packages to enable the IMM to establish electronic access to the information system and to facilitate the development and application of quantitative tools necessary for the market monitoring function. Data from ERCOT's source systems must be capable of being replicated in near real time and available for query by the IMM until data are archived and archived data are accessible for high-speed information searches. When an IT system failure prohibits \"near real time\" replication of data, ERCOT shall replicate the data as expeditiously as possible. Data archives must be designed to accommodate remote access by the IMM and the commission staff at any time.(2) On an ongoing basis, ERCOT shall implement necessary procedures for the accurate collection and storage of data in the data archives and accurate communication of those data for use by the commission staff and the IMM.(3) The IMM may review the catalogs describing information and data, and may review data collection verification criteria developed by ERCOT. The IMM may propose changes, additions, or deletions to the catalogs and criteria to facilitate the market monitoring function. In so doing, the IMM may require database items or evaluation criteria for inclusion in the pertinent catalogs.(4) ERCOT shall establish procedures to ensure that the IMM may access all data maintained by ERCOT relating to operations, settlements, and reliability.(5) ERCOT may provide administrative support and goods and services to the IMM, such as office space, payroll, and related services, and information technology support.(n) Liability of the IMM. The IMM, and its directors, officers, employees and agents, shall not be liable to any person or entity for any act or omission, other than an act or omission constituting gross negligence or intentional misconduct, arising under or relating to this section, including but not limited to liability for any financial loss, loss of economic advantage, opportunity cost, or actual, direct, indirect or consequential damages of any kind resulting from or attributable to any such act or omission of the IMM as long as such act or omission arose from or related to matters within the scope of the IMM's authority.(o) Contractual Provisions.(1) Effective July 1, 2007, ERCOT shall include the following provision in any new or re-negotiated agreement it has with an entity that engages in any activity that is in whole or in part the subject of the ERCOT Protocols: The IMM, and its directors, officers, employees, and agents, shall not be liable to any person or entity for any act or omission, other than an act or omission constituting gross negligence or intentional misconduct, including but not limited to liability for any financial loss, loss of economic advantage, opportunity cost, or actual, direct, indirect, or consequential damages of any kind resulting from or attributable to any such act or omission of the IMM, as long as such act or omission arose from or is related to matters within the scope of the IMM's authority arising under or relating to PURA §39.1515 and Public Utility Commission Substantive Rule §25.365, relating to Independent Market Monitor.(2) Not later than 15 months after this subsection takes effect, ERCOT shall include the provision set out in paragraph (1) of this subsection in every agreement it has with an entity that engages in any activity that is in whole or in part the subject of the ERCOT Protocols.", "sourceNote": "Source Note: The provisions of this §25.365 adopted to be effective May 11, 2006, 31 TexReg 3705; amended to be effective April 29, 2007, 32 TexReg 2355." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144250", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.366", "label": "Internet Broadcasting of Public Meetings of an Independent Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199524", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the requirements for the Internet broadcasting of public meetings of an independent organization pursuant to Public Utility Regulatory Act (PURA) §39.1511(c).(b) Applicability. This section applies to any organization that the commission has certified as an independent organization pursuant to PURA §39.151.(c) Internet Broadcasting. An independent organization shall make publicly accessible without charge live Internet video of all public meetings for viewing from a link posted to the organization's Internet website. For purposes of this subsection, public meetings are meetings of the governing body of an independent organization, and meetings of any committee or subcommittee of the governing body of the independent organization but do not include meetings of the governing body of a regional reliability entity operating under the authority of the Energy Policy Act of 2005. A governing body or a committee or a subcommittee subject to this section may enter into executive session closed to the public and without live Internet video to address sensitive matters such as confidential information related to personnel matters, contracts, or lawsuits, competitively sensitive information, information related to the security of the regional electrical network, or other information that is required to be protected from release to the public.(d) Cost Recovery by the Independent Organization. The independent organization may recover the costs of complying with this section through fees approved by the commission.", "sourceNote": "Source Note: The provisions of this §25.366 adopted to be effective February 4, 2010, 35 TexReg 864." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199524", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.367", "label": "Cybersecurity Monitor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227656", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes requirements for the commission's cybersecurity coordination program, the cybersecurity monitor program, the cybersecurity monitor, and participation in the cybersecurity monitor program; and establishes the methods to fund the cybersecurity monitor.(b) Applicability. This section is applicable to all electric utilities, including transmission and distribution utilities; corporations described in Public Utility Regulatory Act (PURA) §32.053; municipally owned utilities; electric cooperatives; and the Electric Reliability Council of Texas (ERCOT).(c) Definitions. The following words and terms when used in this section have the following meanings, unless the context indicates otherwise:(1) Cybersecurity monitor -- The entity selected by the commission to serve as the commission's cybersecurity monitor and its staff.(2) Cybersecurity coordination program -- The program established by the commission to monitor the cybersecurity efforts of all electric utilities, municipally owned utilities, and electric cooperatives in the state of Texas.(3) Cybersecurity monitor program -- The comprehensive outreach program for monitored utilities managed by the cybersecurity monitor.(4) Monitored utility -- A transmission and distribution utility; a corporation described in PURA §32.053; a municipally owned utility or electric cooperative that owns or operates equipment or facilities in the ERCOT power region to transmit electricity at 60 or more kilovolts; or an electric utility, municipally owned utility, or electric cooperative that operates solely outside the ERCOT power region that has elected to participate in the cybersecurity monitor program.(d) Selection of the Cybersecurity Monitor. The commission and ERCOT will contract with an entity selected by the commission to act as the commission's cybersecurity monitor. The cybersecurity monitor must be independent from ERCOT and is not subject to the supervision of ERCOT. The cybersecurity monitor operates under the supervision and oversight of the commission.(e) Qualifications of Cybersecurity Monitor.(1) The cybersecurity monitor must have the qualifications necessary to perform the duties and responsibilities under subsection (f) of this section.(2) The cybersecurity monitor must collectively possess technical skills necessary to perform cybersecurity monitoring functions, including the following:(A) developing, reviewing, and implementing cybersecurity risk management programs, cybersecurity policies, cybersecurity strategies, and similar documents;(B) working knowledge of North American Electric Reliability Corporation Critical Infrastructure Protection (NERC CIP) standards and implementation of those standards; and(C) conducting vulnerability assessments.(3) The cybersecurity monitor staff are subject to background security checks as determined by the commission.(4) Every cybersecurity monitor staff member who has access to confidential information must each have a federally-granted secret level clearance and maintain that level of security clearance throughout the term of the contract.(f) Responsibilities of the cybersecurity monitor. The cybersecurity monitor will gather and analyze information and data provided by ERCOT and voluntarily disclosed by monitored utilities and cybersecurity coordination program participants to manage the cybersecurity coordination program and the cybersecurity monitor program.(1) Cybersecurity Coordination Program. The cybersecurity coordination program is available to all electric utilities, municipally owned utilities, and electric cooperatives in the state of Texas. The cybersecurity coordination program must include the following functions:(A) guidance on best practices in cybersecurity;(B) facilitation of sharing cybersecurity information among utilities;(C) research and development of best practices regarding cybersecurity;(D) guidance on best practices for cybersecurity controls for supply chain risk management of cybersecurity systems used by utilities, which may include, as applicable, best practices related to:(i) software integrity and authenticity;(ii) vendor risk management and procurement controls, including notification by a vendor of incidents related to the vendor's products and services; and(iii) vendor remote access.(2) Cybersecurity Monitor Program. The cybersecurity monitor program is available to all monitored utilities. The cybersecurity monitor program must include the functions of the cybersecurity coordination program listed in paragraph (1) of this subsection in addition to the following functions:(A) holding regular meetings with monitored utilities to discuss emerging threats, best business practices, and training opportunities;(B) reviewing self-assessments of cybersecurity efforts voluntarily disclosed by monitored utilities; and(C) reporting to the commission on monitored utility cybersecurity preparedness.(g) Authority of the Cybersecurity Monitor.(1) The cybersecurity monitor has the authority to conduct monitoring, analysis, reporting, and other activities related to information voluntarily provided by monitored utilities.(2) The cybersecurity monitor has the authority to request, but not to require, information from a monitored utility about activities that may be potential cybersecurity threats.(h) Ethics standards governing the Cybersecurity Monitor.(1) During the period of a person's service with the cybersecurity monitor, the person must not:(A) have a direct financial interest in the provision of electric service in the state of Texas; or have a current contract to perform services for any entity as described by PURA §31.051 or a corporation described by PURA §32.053.(B) serve as an officer, director, partner, owner, employee, attorney, or consultant for ERCOT or any entity as described by PURA §31.051 or a corporation described by PURA §32.053;(C) directly or indirectly own or control securities in any entity, an affiliate of any entity, or direct competitor of any entity as described by PURA §31.051 or a corporation described by PURA §32.053, except that it is not a violation of this rule if the person indirectly owns an interest in a retirement system, institution or fund that in the normal course of business invests in diverse securities independently of the control of the person; or(D) accept a gift, gratuity, or entertainment from ERCOT, any entity, an affiliate of any entity, or an employee or agent of any entity as described by PURA §31.051 or a corporation described by PURA §32.053.(2) The cybersecurity monitor must not directly or indirectly solicit, request from, suggest, or recommend to any entity, an affiliate of any entity, or an employee or agent of any entity as described by PURA §31.051 or a corporation described by PURA §32.053, the employment of a person by any entity as described by PURA §31.051 or a corporation described by PURA §32.053 or an affiliate.(3) The commission may impose post-employment restrictions for the cybersecurity monitor and its staff.(i) Confidentiality standards. The cybersecurity monitor and commission staff must protect confidential information and data in accordance with the confidentiality standards established in PURA, the ERCOT protocols, commission rules, and other applicable laws. The requirements related to the level of protection to be afforded information protected by these laws and rules are incorporated in this section.(j) Reporting requirement. All reports prepared by the cybersecurity monitor must reflect the cybersecurity monitor's independent analysis, findings, and expertise. The cybersecurity monitor must prepare and submit to the commission:(1) monthly, quarterly, and annual reports; and(2) periodic or special reports on cybersecurity issues or specific events as directed by the commission or commission staff.(k) Communication between the Cybersecurity Monitor and the commission.(1) The personnel of the cybersecurity monitor may communicate with the commission and commission staff on any matter without restriction consistent with confidentiality requirements.(2) The cybersecurity monitor must:(A) immediately report directly to the commission and commission staff any cybersecurity concerns that the cybersecurity monitor believes would pose a threat to continuous and adequate electric service or create an immediate danger to the public safety, and notify the affected utility or utilities of the information reported to the commission or commission staff;(B) regularly communicate with the commission and commission staff, and keep the commission and commission staff apprised of its activities, findings, and observations;(C) coordinate with the commission and commission staff to identify priorities; and(E) coordinate with the commission and commission staff to assess the resources and methods for cybersecurity monitoring, including consulting needs.(l) ERCOT's responsibilities and support role. ERCOT must provide to the cybersecurity monitor any access, information, support, or cooperation that the commission determines is necessary for the cybersecurity monitor to perform the functions described by subsection (f) of this section.(1) ERCOT must conduct an internal cybersecurity risk assessment, vulnerability testing, and employee training to the extent that ERCOT is not otherwise required to do so under applicable state and federal cybersecurity and information security laws.(2) ERCOT must submit an annual report to the commission on ERCOT's compliance with applicable cybersecurity and information security laws by January 15 of each year or as otherwise determined by the commission.(3) Information submitted in the report under paragraph (2) of this subsection is confidential and not subject to disclosure under chapter 552, Government Code, and must be protected in accordance with the confidentiality standards established in PURA, the ERCOT protocols, commission rules, and other applicable laws.(m) Participation in the cybersecurity monitor program.(1) A transmission and distribution utility, a corporation described in PURA §32.053, and a municipally owned utility or electric cooperative that owns or operates equipment or facilities in the ERCOT power region to transmit electricity at 60 or more kilovolts must participate in the cybersecurity monitor program.(2) An electric utility, municipally owned utility, or electric cooperative that operates solely outside the ERCOT power region may elect to participate in the cybersecurity monitor program.(A) An electric utility, municipally owned utility, or electric cooperative that elects to participate in the cybersecurity monitor program must annually:(i) file with the commission its intent to participate in the program and to contribute to the costs of the cybersecurity monitor's activities in the project established by commission staff for this purpose; and(ii) complete and submit to ERCOT the participant agreement form available on the ERCOT website to furnish information necessary to determine and collect the monitored utility's share of the costs of the cybersecurity monitor's activities under subsection (n) of this section.(B) The cybersecurity monitor program year is the calendar year. An electric utility, municipally owned utility, or electric cooperative that elects to participate in the cybersecurity monitor program must file its intent to participate and complete the participant agreement form under subparagraph (A) of this subsection for each calendar year that it intends to participate in the program.(i) Notification of intent to participate and a completed participant agreement form may be submitted at any time during the program year, however, an electric utility, municipally owned utility, or electric cooperative that elects to participate in an upcoming program year is encouraged to complete these steps by December 1 prior to the program year in order to obtain the benefit of participation for the entire program year.(ii) The cost of participation is determined on an annual basis and will not be prorated.(iii) A monitored utility that operates solely outside of the ERCOT power region may discontinue its participation in the cybersecurity monitor program at any time but is required to pay the annual cost of participation for any calendar year in which the monitored utility submitted a notification of intent to participate.(3) Each monitored utility must designate one or more points of contact who can answer questions the Cybersecurity Monitor may have regarding a monitored utility's cyber and physical security activities.(n) Funding of the Cybersecurity Monitor.(1) ERCOT must use funds from the rate authorized by PURA §39.151(e) to pay for the cybersecurity monitor's activities.(2) A monitored utility that operates solely outside of the ERCOT power region must contribute to the costs incurred for the cybersecurity monitor's activities.(A) On an annual basis, ERCOT must calculate the non-refundable, fixed fee that a monitored utility that operates solely outside of the ERCOT power region must pay in order to participate in the cybersecurity monitor program for the upcoming calendar year.(B) ERCOT must file notice of the fee in the project designated by the commission for this purpose and post notice of the fee on the ERCOT website by October 1 of the preceding program year.(C) Before filing notice of the fee as required by paragraph (2)(B) of this subsection, ERCOT must obtain approval of the fee amount and calculation methodology from the commission's executive director.", "sourceNote": "Source Note: The provisions of this §25.367 adopted to be effective June 4, 2020, 45 TexReg 3620." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227656", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.370", "label": "ERCOT Large Load Forecasting Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "103463", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish criteria for including the load of a large load customer in ERCOT's load forecasts used for identifying transmission planning needs and performing resource adequacy assessments.(b) Definitions. The following words and terms, when used in this section, have the following meanings unless the context indicates otherwise:(1) Contracted peak demand--The total peak demand that a large load customer requests be served at a site as stated in an agreement.(2) Large load customer--An entity requesting a new or expanded interconnection where the customer's total expected non-coincident peak demand at a single site is equal to or greater than 75 megawatts (MW).(c) Criteria for inclusion in ERCOT load forecast. A DSP must not submit a large load customer's forecasted demand for purposes of inclusion in an ERCOT load forecast used for identifying transmission planning needs or performing resource adequacy assessments unless the large load customer executed an interconnection agreement as required under §25.194 of this Title (relating to Large Load Interconnection Standards) and provided all of the disclosures and financial commitments required for such an agreement under §25.194 of this Title. ERCOT must not include a large load customer's forecasted demand in a load forecast used for identifying transmission planning needs or performing resource adequacy assessments unless the large load customer executed an interconnection agreement as required under §25.194 of this Title and provided all of the disclosures and financial commitments required for such an agreement under §25.194 of this Title. (d) Submission of forecasted load data to ERCOT. A DSP may submit load data to ERCOT only for a large load customer that is located or seeks interconnection at a location that is in the DSP's certificated service area. At the time that a DSP submits its load data to ERCOT through a mechanism designated by ERCOT, the DSP must also submit to ERCOT a notarized attestation sworn to by the DSP's representative, official, officer, or other authorized person with binding authority over the DSP, attesting that each large load customer included in the DSP's load data meets the criteria for an interconnection agreement as set forth in §25.194 of this Title. (1) In its submission to ERCOT, a DSP must include load data that is received from a transmission service provider (TSP) and is associated with a large load customer that is located or seeks interconnection at a location that is in the DSP's certificated service area unless the DSP reasonably determines that the load data is not valid or is duplicative. The DSP must notify the TSP when the load data that was submitted by the TSP is provided to ERCOT, whether any load data submitted by the TSP is excluded, and the basis for exclusion, if applicable. (2) A TSP that submits load data to a DSP under this section must submit to the DSP a notarized attestation sworn to by the TSP's representative, official, officer, or other authorized representative with binding authority over the TSP, attesting that each large load customer included in the load data submitted by the TSP meets the criteria for an interconnection agreement as set forth in §25.194 of this Title and provided all of the disclosures and financial commitments required for such an agreement under §25.194 of this Title.(3) A DSP may designate another electric utility, municipally owned utility, or electric cooperative to submit the load data to ERCOT on its behalf.(e) ERCOT load forecast. ERCOT must use the load data provided by DSPs under this section, subject to any adjustments made in accordance with this subsection, to develop load forecasts used in transmission planning studies and resource adequacy assessments for the ERCOT region, including Regional Planning Group project submissions after the effective date of this section. (1) Validation of load data. ERCOT and commission staff may access information collected by a DSP or TSP to ensure compliance with this section and validate the accuracy of load data submitted by a DSP. If the accuracy of load data submitted by a DSP cannot be validated, ERCOT may exclude the data from the load forecast developed by ERCOT in accordance with subsection (e)(2) of this section. (2) Adjustments to load data. (A) ERCOT may make adjustments to the load data provided by the DSP under this section to correct errors in load data or to account for the withdrawal or cancellation of a large load customer's request for interconnection if the DSP agrees with the adjustments. Commission approval is not required for any mutually agreed adjustment to correct errors in load data or to account for the withdrawal or cancellation of a large load customer's request for interconnection. For any adjustment that a DSP does not agree to, ERCOT must request commission approval under subsection (e)(2)(B) of this section.(B) ERCOT, in consultation with commission staff, must request commission approval to adjust the load data provided by DSPs under this section for any adjustment not made under subsection (e)(2)(A) of this section. The commission may approve ERCOT's request to adjust the load data if the adjustment is supported by actual historical realization rates or other objective, credible, independent information. ERCOT must file its request with the commission and publish market notice of the requested adjustment not less than 30 days before the commission's consideration at an open meeting. The commission may, at its discretion, consider the matter at an earlier open meeting. ERCOT's filed request must provide in detail the data, methodology, and calculations used for the recommended adjustment to the load data, and the specific reasoning behind the requested adjustment. Public comment related to the requested adjustment must be filed not later than 14 days after ERCOT's filed request, unless the commission establishes a different deadline. (3) Use of load forecasts. ERCOT may use different forecasts to accommodate differences in study scope, time horizon, scenarios, and modeling details in developing its transmission planning and resource adequacy reports. (4) Annual assessment. ERCOT must file an annual assessment with the commission that: (A) compares past forecasts to actual outcomes;(B) identifies sources of error; and(C) provides recommendations for improvement in the forecasting process. (f) Confidential information. Customer-specific or competitively sensitive information obtained under this section is confidential and not subject to disclosure under Chapter 552 of the Texas Government Code.(g) ERCOT compliance. ERCOT must develop the necessary protocols to ensure its transmission planning studies and resource adequacy assessments comply with this section. If ERCOT cannot timely implement the protocols to ensure the 2026 Regional Transmission Plan (RTP) complies with this section, then ERCOT, in consultation with commission staff, must submit a compliance plan to the commission, detailing how it will ensure the 2026 RTP substantially complies with this section. The 2026 RTP compliance plan must ensure that load data is submitted to ERCOT not later than April 1, 2026 and that a large load customer included in the load data has executed an agreement that meets the criteria described below.(1) A large load customer must disclose whether the large load customer is pursuing a separate request for electric service, the approval of which would result in the customer materially changing, delaying, or withdrawing the interconnection request; and if so, the location, size, anticipated timing of energization, and the electric utility, municipally owned utility, or electric cooperative associated with such request.(2) A large load customer must demonstrate site control for the proposed load location through one of the following interests:(A) a signed and executed lease agreement for the proposed load location for a duration of at least five years from the date the large load customer is expected to reach the contracted peak demand; or(B) a deed for the proposed load location.(3) A large load customer must provide a load ramping schedule, if applicable; (4) A large load customer must demonstrate financial commitment by means of one of the following:(A) posting of security in the amount of $100,000 per MW of contracted peak demand;(B) posting of financial security to the DSP or TSP in an amount equal to the DSP and TSP's expected costs for equipment with a lead time of at least six months and services necessary to interconnect the large load; or(C) payment of contribution in aid of construction (CIAC) in an amount that is equal to the DSP and TSP's expected costs to interconnect the large load customer that are directly attributable to interconnecting the large load customer. The costs for CIAC must be remitted through a direct cash payment and include the following:(i) costs associated with one or more new transmission lines built to interconnect the large load customer to the existing transmission network, including substation upgrades necessary to interconnect the new large load customer; and (ii) costs associated with system upgrades that would not be required but for the interconnecting large load customer. (5) Security posted under this subsection must be remitted in one of the following forms:(A) cash collateral;(B) a letter of credit issued by a major U.S. commercial bank, or a U.S. branch office of a major foreign commercial bank, with a credit rating of at least \"A-\" by Standard & Poor's or \"A3\" by Moody's Investor Service; or(C) corporate or parental guaranty, only if the corporation or parent has a credit rating equivalent of BBB-/Baa3 or higher from Standard & Poor's or Moody's.(h) Effective date. ERCOT must use load data submitted for the 2026 RTP in its transmission planning studies or resource adequacy assessments, including Regional Planning Group project submissions until ERCOT constructs new planning cases with the load data submitted by DSPs using the criteria in subsection (c) of this section. For all transmission planning studies and resource adequacy assessments that are conducted before the implementation of any protocols or compliance plan adopted under subsection (g) of this section, ERCOT must continue to use its load forecast practices in effect immediately prior to the effective date of this section.", "sourceNote": "Source Note: The provisions of this §25.370 adopted to be\r\neffective March 1, 2026, 51 TexReg 1091." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "103463", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.381", "label": "Capacity Auctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "80867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all affiliated power generation companies (PGCs) as defined in this section in Texas. This section does not apply to electric utilities subject to the Public Utility Regulatory Act (PURA) §39.102(c) until the end of the utility's rate freeze. It is recognized that certain commission orders issued during 2001 have effectively delayed competition in the service territories of Southwestern Electric Power Company (SWEPCO) and Entergy Gulf States, Inc. (EGSI). This section shall apply to auctions conducted after 2001 by SWEPCO and/or EGSI only when competition is implemented in their respective service territories. (b) Purpose. The purpose of this section is to promote competitiveness in the wholesale market through increased availability of generation and increased liquidity by requiring electric utilities and their affiliated PGCs to sell at auction entitlements to at least 15% of the affiliated PGC's Texas jurisdictional installed generation capacity, describing the form of products required to be auctioned, prescribing the auction process, and prescribing a true- up procedure, in accordance with PURA §39.262(d)(2). (c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context indicates otherwise: (1) Affiliated power generation company (PGC)--Any affiliated power generation company that is unbundled from the electric utility in accordance with PURA §39.051. (2) Assigned units--The PGC-specific generating units that form the block of capacity from which an entitlement is sold. (3) Auction start date--The date on which an auction begins. (4) Business day--Any day on which the affiliated PGC's corporate offices are open for business and that is not a banking holiday. (5) Capacity auction product--One of the following: \"baseload\", \"gas-intermediate\", \"gas-cyclic\", or \"gas-peaking\". Each capacity auction product is further described in subsections (f) and (g) of this section. (6) Close of business--5:00 p.m., central prevailing time. (7) Congestion zone--An area of the transmission network that is bounded by commercially significant transmission constraints or otherwise identified as a zone that is subject to transmission constraints, as defined by an independent organization. (8) Credit rating--A credit rating on an entity's senior unsecured debt, the entity's corporate credit rating, or the entity's issuer rating. (9) Daily gas price--The index posting for the date of flow in the Financial Times energy publication \"Gas Daily\" under the heading \"Daily Price Survey\" for East-Houston- Katy, Houston Ship Channel. For EGSI gas entitlements in the eastern congestion zone, the daily gas price will utilize the \"Gas Daily\" index posting for Henry Hub. For EGSI gas entitlements in the western congestion zone, the daily gas price will be an average of the \"Gas Daily\" index posting for East-Houston-Katy, Houston Ship Channel. (10) Day-ahead--The day preceding the operating day. (11) Entitlement or capacity entitlement--The right to purchase and receive, under the applicable capacity auction master agreement, a block of 25 megawatts (MW) of electrical capacity and energy from the assigned units for a specific capacity auction product for one calendar month. (12) Forced outage--An unplanned component failure or other condition that requires the unit be removed from service before the end of the next weekend. (13) Holder--A person or entity that has acquired ownership of an entitlement under the terms of the applicable capacity auction Master Agreement. (14) Installed generation capacity--All potentially marketable electric generation capacity owned by an affiliated PGC, including the capacity of: (A) Generating facilities that are connected with a transmission or distribution system; (B) Generating facilities used to generate electricity for consumption by the person owning or controlling the facility; and (C) Generating facilities that will be connected with a transmission or distribution system and operating within 12 months. (15) Master Agreement or Agreement--The applicable Capacity Auction EEI/NEMA Master Power Purchase & Sale Agreement. (16) Starts--Direction by the holder of an entitlement to dispatch a previously idle entitlement. (17) Texas jurisdictional installed generation capacity--The amount of an affiliated PGC's installed generation capacity properly allocable to the Texas jurisdiction. Such allocation shall be calculated pursuant to an existing commission-approved allocation study, or other such commission-approved methodology, and may be adjusted as approved by the commission to reflect the effects of divestiture or the installation of new generation facilities. (d) General requirements. Subject to the qualifications for auction entitlements and the auction process described in subsections (e) and (h) of this section, each affiliated PGC subject to this section shall sell at auction capacity entitlements equal to at least 15% of the affiliated PGC's Texas jurisdictional installed generation capacity. Divestiture of a portion of an affiliated PGC's Texas jurisdictional installed generation capacity will be counted toward satisfaction of the affiliated PGC's capacity auction requirement only if the divestiture is made pursuant to a commission order in a business combination proceeding pursuant to PURA §14.101, and after the transfer of the assets and operations to a third party. (e) Product types and characteristics. (1) Available entitlements and amounts. The following products, defined separately in subsection (f) of this section for Electric Reliability Council of Texas, Inc. (ERCOT) and in subsection (g) of this section for non-ERCOT areas, shall be auctioned as capacity entitlements under subsection (d) of this section. Upon showing of good cause by the affiliated PGC and approval by the commission, an affiliated PGC may propose to auction entitlements different from those described in this section, including unit-specific capacity. Each affiliated PGC shall auction an amount of each applicable product in proportion to the amount of Texas jurisdictional installed generating capacity on the affiliated PGC's system that are the respective type of generating units. An affiliated PGC that owns generation in multiple congestion zones shall auction entitlements for delivery in each congestion zone. The amount of each product auctioned in each zone shall be in proportion to the amount of the respective type of generating units located in that zone, but the total shall not be less than 15% of the affiliated PGC's Texas jurisdictional installed generation capacity. The available entitlements for the months of March, April, May, October, and November of each year may be reduced in proportion to the average annual planned outage rate for the group of generating units associated with each type of entitlement. Entitlements shall be for system capacity. (2) Forced outages. For any given congestion zone: (A) For all entitlements except those described in subparagraph (B) of this paragraph, if all units providing capacity to an entitlement product experience a forced outage or an emergency condition prevents or restricts the ability of an affiliated PGC to dispatch a particular entitlement product, the entitlements of that product may be reduced in proportion to the percentage reduction in capacity of the units assigned to that entitlement; provided that such reductions in availability of any single entitlement do not exceed 2.0% of the total monthly energy available from the entitlement. (B) For entitlements that are supported by two or fewer generating units, if one or more of the units providing capacity to an entitlement product experiences a forced outage or an emergency condition that prevents or restricts the ability of an affiliated PGC to dispatch a particular entitlement product, the entitlements of that product may be reduced in proportion to the percentage reduction in capacity of the units assigned to that entitlement; provided that such reductions in availability of any single entitlement do not exceed the most recent three-year rolling average of the forced outage rate for the unit(s) supporting the entitlement. The three-year rolling average of the forced outage rate applicable to entitlements under this subparagraph shall be included in the notice of capacity available for auction, under subsection (h)(2)(B)(ii)(II) of this section. (C) Notification of any such reductions will take place as soon as possible, but in any event, at least one hour prior to the hour-ahead scheduling period applicable to when the reduction is to take place. (3) Planned outage. The total MW reduction for planned outages is determined by calculating the average MW of monthly planned outage for the generating plants associated with a product over the previous three calendar years, multiplied by 12. The resulting planned outage hours are then rounded down to the nearest whole entitlement (25 MW block). These \"outage entitlements\" can then be removed from any of the five specified outage months (March, April, May, October, and November) in any combination. (4) Generation units offered. If an affiliated PGC changes the assignment of a power generation unit to one of the four available product entitlements (baseload, gas- intermediate, gas-cyclic, or gas-peaking), then the affiliated PGC shall file with the commission the proposed changes in its assignment of each of its power generation units to one of the four available product entitlements and the resulting amount of each type of entitlement to be auctioned. As part of this filing, the affiliated PGC shall provide planned outage histories for the years 1998, 1999, and 2000 for each generating unit to be used to calculate the average annual planned outage rate for each group of generating units. Interested parties shall have 30 days in which to provide comments on the affiliated PGC's proposed changed assignments. If no comments are received, the affiliated PGC's proposed assignment shall be deemed appropriate. If any party objects to the affiliated PGC's proposed assignments, then the commission shall determine the appropriate assignment considering the manner in which the affiliated PGC expects to use such generation units. (5) Obligations of affiliated PGC. The affiliated PGC shall dispatch entitlements only as directed by the holder of the entitlement in accordance with the applicable product description. The affiliated PGC may not refuse to dispatch the entitlement and may not curtail the dispatch of an entitlement unless expressly authorized by this section or by the applicable Master Agreement, or unless directed to do so by the independent organization in order to alleviate a system emergency. The affiliated PGC shall specify in its notice provided pursuant to subsection (h)(2)(B) of this section the point on the transmission system where energy from each entitlement is delivered to the entitlement holder. (6) Entitlement holder receives no possessory interest or obligations. (A) No possessory interest. The entitlements sold at auction shall include no possessory interest in the unit or units from which the power is produced. (B) No possessory obligations. The entitlements sold at auction shall include no obligation of a possessory owner of an interest in the unit or units from which the power is produced. (C) Scheduling. The entitlement holder shall have the right to designate the dispatch of the entitlement, subject to other provisions of this subsection and the scheduling limitations provided for in the applicable Agreement. (7) Credit requirements. (A) Standards. Entities submitting bids and all entitlement holders shall satisfy one of the following credit standards: (i) The entity holds an investment grade credit rating (BBB- or Baa3 from Standard and Poor's or Moody's respectively or an equivalent); (ii) The entity provides an escrowed deposit equal to the capacity price for the shorter of the duration of the entitlement or three months plus the amount that would be paid to exercise the entitlement for the shorter of the duration of the entitlement or three months at the assumed dispatch provided in either subsection (h)(6)(A)(iii) or subsection (h)(6)(C)(vi) of this section; (iii) The entity provides a letter of credit or surety bond equal to the capacity price for the shorter of the duration of the entitlement or three months plus the amount that would be paid to exercise the entitlement for the shorter of the duration of the entitlement or three-months at the assumed dispatch provided in either subsection (h)(6)(A)(iii) or subsection (h)(6)(C)(vi) of this section, irrevocable for the duration of the entitlement; (iv) The entity provides a guaranty from another entity with an investment grade credit rating; or (v) The entity makes other suitable arrangements with the affiliated PGC, provided that the affiliated PGC makes such arrangements available on a non-discriminatory basis. (B) Unsecured credit. To be eligible for unsecured credit, entities submitting bids shall satisfy the criteria in either clause (i), (ii), or (iii) of this subparagraph, with the amount of unsecured credit to be provided to such entities to be determined as follows: (i) For bidders with an investment grade credit rating. The amount of credit available to a bidder relying on an investment grade credit rating of itself or its guarantor will be determined according to procedures set out below. If the bidding entity or its guarantor has an investment grade credit rating and minimum equity of $100 million, the amount of credit available will be determined using the lesser of $125 million, or the applicable percentage of the bidder's stockholder equity set out in the following table, except that the amount of credit will be reduced to the extent appropriate to take into account any outstanding commitments that a bidder has for existing capacity auction entitlements. Attached Graphic(ii) If the bidder is a municipality or cooperative not publicly rated. If the bidder is a municipality or electric cooperative that is not publicly rated but has a minimum equity (patronage capital) of $25 million, a minimum times-interest-earned ratio (TIER) of 1.05, a minimum debt service coverage (DSC) ratio of 1.00, and a minimum equity- to-assets ratio of 0.15, then the amount of credit will be the lesser of $125 million or 5.0% of the bidder's unencumbered assets, except that the amount of credit will be reduced to the extent appropriate to take into account any outstanding commitments that a bidder has for existing capacity auction entitlements. (iii) If the bidder is a privately-held entity not publicly rated. If the bidder is a privately-held entity that is not publicly rated, but has a minimum equity of $100 million, a minimum tangible net worth of $100 million, a minimum current ratio of 1.0, a maximum debt-to- capital ratio of 0.60, and a minimum ratio of earnings before interest, taxes, depreciation, and amortization (EBITDA) to interest and current maturities of long term debt (CMLTD) of 2.0, then the amount of credit will be the lesser of $125 million or 1.80% of the bidder's stockholder equity, except that the amount of credit will be reduced to the extent appropriate to take into account any outstanding commitments that a bidder has for existing capacity auction entitlements. (C) All cash and other instruments used as credit security shall be unencumbered by pledges for collateral. (D) If a bidder or entitlement holder chooses to use a surety bond to satisfy its credit requirements, then the form of such surety bond will be negotiated in good faith between the bidder or entitlement holder and the affiliated PGC and reasonably acceptable by an issuer of surety bonds. (E) In the event the holder of the entitlement initially relied on its investment grade credit rating but subsequently loses it during the entitlement period, the holder of the entitlement shall provide alternative financial evidence within three business days. (F) The holder of the entitlement shall notify the affiliated PGC of any material changes that impact its compliance with the financial requirements it relied on in meeting the credit standards in this section. (G) In the event the holder or seller of the entitlement fails to meet or continue to meet its security requirement, or an Event of Default results in the termination of the Agreement, the entitlement shall revert to the affiliated PGC and shall be auctioned in the next auction for which notice can be provided of the sale of the entitlement pursuant to subsection (h)(2)(B) of this section. (H) If an entitlement holder's creditworthiness or financial security materially and adversely changes after the auction is completed, as a result of an event specified in the Agreement, the affiliated PGC shall provide the entitlement holder with written notice requesting additional credit support or performance assurance in a commercially reasonable manner, as set forth in the Agreement. The seller's credit requirements shall clearly identify objective criteria that would trigger a request for additional security and the methods and time frame in which an entitlement holder must satisfy such a request. The affiliated PGC may suspend delivery of any capacity or energy for which the affiliated PGC has not already received payment until the performance assurance is received, in accordance with the Agreement. (I) If at any time after the auction is completed, there shall occur a downgrade event with respect to the credit standing of the seller, then the entitlement holder may require the seller to provide a credit assurance in an amount determined by the entitlement holder in a commercially reasonable manner. In the event the seller fails to provide a commercially reasonable performance assurance or guarantee within three business days of the receipt of notice, then an event of default shall be deemed to have occurred, and the entitlement holder will be entitled to suspend performance under the Agreement and withhold payments for energy not yet delivered, and may ultimately terminate the Agreement after the suspension period as prescribed in the Agreement. (f) Product descriptions for capacity auctions in ERCOT. The provisions in this subsection apply to capacity auctions in ERCOT. Subsection (g) of this section contains provisions applicable to capacity auctions in non-ERCOT areas. (1) Definitions. (A) The following words and terms, when used in this subsection shall have the following meanings, unless the context indicates otherwise. (i) Balancing energy service down deployed--The number of megawatt- hours (MWh) of balancing energy service down deployed by ERCOT from an entitlement. (ii) Balancing energy service up deployed--The number of MWh of balancing energy service up deployed by ERCOT from an entitlement. (iii) Daily capacity commitment--The amount of capacity scheduled by an entitlement holder that an affiliated PGC must make available from an entitlement for the provision of energy or permitted ancillary services for an operating day from an entitlement. (iv) Day-ahead schedule--A schedule submitted by an entitlement holder to an affiliated PGC of the entitlement holder's scheduled usage of the entitlement for the following operating day. (v) Default qualifying scheduling entity (QSE)--The QSE that is designated by the entitlement holder to ERCOT as its default QSE. (vi) Energy scheduled--The final schedule for energy, for each settlement interval, that an entitlement holder submits to an affiliated PGC, subject to the limits on timing and amounts of schedules contained in the capacity auction product descriptions. (vii) Energy deployed down--The sum of regulation energy down energy deployed and balancing energy service down energy deployed. (viii) Energy deployed up--The sum of regulation energy up energy deployed, responsive energy deployed, non-spinning energy deployed, and balancing energy service up energy deployed. (ix) Grouped entitlements--All of the entitlements from an affiliated PGC that an entitlement holder holds for a particular entitlement month. (x) Grouped ancillary services--The amount of each type of ancillary service available from each entitlement grouped by: (I) Type of ancillary service; (II) Type of capacity auction product; and (III) Congestion zone for those ancillary services that are, or may be, dispatched by congestion zone. (xi) Hour-ahead schedule--A schedule other than a day-ahead schedule submitted by an entitlement holder to an affiliated PGC no later than one hour before the end of an adjustment period of the entitlement holder's scheduled use of the entitlement for the operating hour corresponding to that adjustment period. (xii) Non-spinning energy deployed--Energy deployed by ERCOT from the non-spinning reserve service as determined under the procedures in paragraph (2)(B) of this subsection. (xiii) Product--Electric capacity, energy, capacity auction products or other product(s) related thereto as specified in a transaction by reference to a product listed in the Agreement or as otherwise specified by the parties in a transaction. (xiv) Regulation energy down deployed--Energy deployed down by ERCOT from the regulation energy service as determined under the procedures of paragraph (2)(B) of this subsection. (xv) Regulation energy up deployed--Energy deployed up by ERCOT from the regulation service as determined under the procedures of paragraph (2)(B) of this subsection. (xvi) Responsive energy deployed--Energy deployed by ERCOT from the responsive reserve service as determined under the procedures of paragraph (2)(B) of this subsection. (xvii) Two-day-ahead schedule--A schedule submitted by the entitlement holder to the affiliated PGC of the entitlement holder's scheduled usage of the entitlement for the operating day two days in the future. (B) The following terms have the respective meanings given to them in the ERCOT protocols as amended from time to time: (i) Ancillary services; (ii) Balancing energy service; (iii) Congestion zone; (iv) Non-spinning reserve service; (v) Operating day; (vi) Operating hour; (vii) Regulation service; (viii) Responsive reserve service; (ix) Settlement interval; and (x) Zonal market clearing price. (2) General provisions. (A) Responsibility transfers. (i) The entitlement holder may not use an entitlement for the provision of balancing energy service until a responsibility transfer (RT) between the entitlement holder's QSE and the affiliated PGC's QSE is established and operated in accordance with the ERCOT protocols for the deployment of balancing energy service. The entitlement holder shall establish a separate RT with the affiliated PGC for each congestion zone from which the entitlement holder desires to provide balancing energy service. (ii) When ERCOT has developed the details and specifications of RTs between QSEs, including without limitation, mechanics, settlement, and communication, then, at the request of the entitlement holder, the parties shall negotiate in good faith to transfer responsibility between their respective QSEs to: (I) Allow the entitlement holder to provide balancing energy service from the entitlement; and (II) Allocate the cost of establishing that capability. (iii) The entitlement holder's QSE shall act as the controller of RTs used for balancing energy service from an entitlement. The entitlement holder's QSE shall use RTs to provide instructions regarding balancing energy service to the affiliated PGC's QSE. These instructions shall comply with all the limitations in the applicable capacity auction product description. (iv) Both the entitlement holder's QSE and the affiliated PGC's QSE shall enter an inter-QSE trade in accordance with the ERCOT protocols to represent an RT before any operating hour in which the entitlement holder deploys balancing energy service from an entitlement. (v) The affiliated PGC's QSE is only responsible for complying with RTs sent by the entitlement holder's QSE and is not responsible for ERCOT instructions sent to the entitlement holder. (vi) The affiliated PGC and the entitlement holder shall rely upon any integration of the RT over each settlement interval performed by ERCOT. If ERCOT does not perform that integration, then the integration shall be performed in a manner mutually agreed to by both parties. (vii) The entitlement holder is deemed not to have provided any balancing energy service from an entitlement if the affiliated PGC loses or does not receive the balancing energy service signal from ERCOT. The affiliated PGC will promptly notify the entitlement holder if it does not receive or loses the balancing energy service signal from ERCOT. (B) Deployment of energy from ancillary services. Subject to the limitations and conditions set out in this subsection, and except when the affiliated PGC is excused from hierarchical dispatch by ERCOT of ancillary services under clause (i) or (v) of this subparagraph, ERCOT shall be deemed to have dispatched ancillary services from the entitlements in the entitlement group in a hierarchical order according to the requirements of this subsection. Otherwise, ancillary services shall be dispatched for each entitlement in an entitlement group independently. (i) Notice of grouped entitlements. Not later than five days before the beginning of an entitlement month, the entitlement holder shall notify the affiliated PGC of all entitlements from the affiliated PGC that are held by the entitlement holder for that entitlement month. The list shall contain sufficient detail for the affiliated PGC to identify the entitlements held by the entitlement holder for that month, including without limitation any unique entitlement number assigned by the affiliated PGC to the entitlement and listed on the letter confirmation for the entitlement. If the affiliated PGC does not timely receive this notice, then the affiliated PGC is excused from its obligation to dispatch ancillary services on a hierarchical basis under this section. (ii) Amount of ancillary services scheduled from entitlements. (I) The affiliated PGC shall track the amount of each ancillary service for each operating hour and the amount of each ancillary service scheduled by the entitlement holder for each operating hour, both for individual entitlements and for each grouped entitlement. (II) For ancillary services other than the balancing energy service, which is determined by an RT, the amount of ancillary service scheduled from each entitlement and for each grouped entitlement for an operating hour is the amount stated in the final timely schedule submitted by the entitlement holder to the affiliated PGC for that operating hour for each entitlement or the entitlement group. (iii) Deployed ancillary services. (I) For balancing energy service, the amount of energy that ERCOT is deemed to have deployed is determined by the integration described in subparagraph (A) of this paragraph. (II) For all ancillary services other than balancing energy service, the affiliated PGC shall track the deployment of ancillary services from the entitlement group by each grouped ancillary service for each hour in the entitlement month, except for hours in which the affiliated PGC is excused from dispatching ancillary services on a hierarchical basis under clause (i) or (v) of this subparagraph. The total amount of each grouped ancillary service deployed in an hour shall be calculated by the product of: (-a-) The ratio of the amount of the grouped ancillary service scheduled by the entitlement holder from its grouped entitlements to the total amount of that specific ancillary service scheduled from resources in the affiliated PGC's QSE; (-b-) The amount of energy deployed out of that grouped ancillary service in a particular congestion zone or in ERCOT as a whole, whichever is applicable. (III) For all ancillary services other than balancing energy service, the amount of each ancillary service that ERCOT is deemed to have deployed from each entitlement, for hours in which the affiliated PGC is excused from dispatching ancillary services on a hierarchical basis under clause (i) or (v) of this subparagraph, shall be calculated by the product of: (-a-) The ratio of the amount of that ancillary service scheduled by the entitlement holder from the entitlement to the total amount of that specific ancillary service scheduled from resources in the affiliated PGC's QSE; (-b-) The amount of energy deployed by ERCOT out of that ancillary service in a particular congestion zone or in ERCOT as a whole, whichever is applicable. (iv) Hierarchical deployment of grouped ancillary services. (I) For determination of the contract price for each entitlement in a grouped entitlement, ERCOT is deemed to have first deployed grouped ancillary services that are deployed by congestion zone pursuant to subclause (III) of this clause with the amount for each entitlement spread proportionally among the entitlement holder's entitlements of that type in that congestion zone. (II) After deploying grouped ancillary services by congestion zone pursuant to subclause (I) of this clause, ERCOT is deemed to have deployed the remainder of each grouped ancillary service pursuant to subclause (III) of this clause, with the amount for each type of entitlement spread proportionally among the entitlement holder's entitlements of that type in ERCOT. (III) Deployed energy shall be assigned to the entitlement holder's entitlements that scheduled those ancillary services on a hierarchical basis as follows: (-a-) For incremental deployments: (-1-) First: Baseload entitlements, with the highest priority given to the Baseload entitlements with the lowest energy price; (-2-) Second: Gas-intermediate entitlements; (-3-) Third: Gas-cyclic entitlements; and (-4-) Fourth: Gas-peaking entitlements. (-b-) For decremental deployments: (-1-) First: Gas-peaking entitlements; (-2-) Second: Gas-cyclic entitlements; (-3-) Third: Gas-intermediate entitlements; and (-4-) Fourth: Baseload entitlements, with the highest priority given to the Baseload entitlements with the highest energy price. (v) Exception to dispatching on hierarchical basis. The affiliated PGC is not required to dispatch ancillary services from the entitlement group on a hierarchical basis if the affiliated PGC does not have the information necessary to dispatch ancillary services from the entitlement group in a hierarchical fashion. Necessary information includes, but is not limited to, the signal from ERCOT deploying balancing energy service or the signal from ERCOT deploying other ancillary services. (3) Baseload product. (A) Baseload scheduling. (i) Schedule types. The entitlement holder shall submit a day-ahead schedule for the entitlement. The entitlement holder shall submit a two-day-ahead schedule for the entitlement if notified to do so by ERCOT. (ii) Timing of scheduling. All of the times for scheduling referred to in this subparagraph are based on the times in the ERCOT protocols. If the times in the ERCOT protocols are changed, then the times in this subparagraph will be considered to have changed to equitably accommodate the changes in the ERCOT protocols. (I) The entitlement holder shall submit day-ahead or two-day-ahead schedules for the entitlement to the affiliated PGC no later than 8:00 a.m. The entitlement holder shall submit hour- ahead schedules for ancillary services from the entitlement to the affiliated PGC no later than one hour before the deadline for the affiliated PGC's QSE to submit hour-ahead schedules to ERCOT. (II) On days that ERCOT allows QSEs to change their day-ahead or two-day-ahead schedules to ERCOT by 1:00 p.m. for congestion or capacity insufficiency, the entitlement holder may submit a revised day-ahead or two-day-ahead schedule for energy from the entitlement to the affiliated PGC no later than noon. (III) The entitlement holder may submit to the affiliated PGC a revised day-ahead or two-day-ahead schedule for the non- spinning reserve ancillary services from the entitlement no later than 1:45 p.m. The entitlement holder cannot change the amount of energy scheduled in a revised schedule for the non-spinning reserve ancillary services. (IV) No hour-ahead schedules are permitted for energy from baseload entitlements. Hour-ahead schedules are permitted for ancillary services from baseload entitlements. (iii) Schedule content. Each schedule shall specify, for each settlement interval, the MW of energy scheduled to be delivered to the entitlement holder from the entitlement and the MW of each permitted ancillary service to be scheduled from the entitlement, subject to the scheduling limits in clause (iv) of this subparagraph. (iv) Scheduling limits. (I) Minimum energy. The entitlement holder may not schedule energy at less than 20 MW from the entitlement at any time during the month. (II) Ancillary services. The entitlement holder may use a baseload entitlement to provide responsive reserve service at a level of one MW, and non-spinning reserve service, up to a combined total of three MW. The baseload entitlement may not be used for any other ancillary service. Non- spinning reserve service may be provided from the entitlement in 30 minutes, and responsive reserve service may be provided from the entitlement in ten minutes. (III) Maximum changes. Subject to the minimum energy rate specified in subclause (I) of this clause, the rate at which the entitlement holder schedules energy in each hour generally cannot change more than plus or minus two MW. The following additional restrictions apply. (-a-) If the entitlement holder schedules or reserves any ancillary services in an hour, then the level of energy scheduled shall be the same in each settlement interval of the hour. (-b-) The maximum change in ancillary services scheduled from the first settlement interval in one hour to the first settlement interval of the next hour is plus or minus three MW. (-c-) The maximum change in energy scheduled from the first settlement interval in one hour to the first settlement interval in the next hour is plus or minus two MW. (-d-) The maximum change in energy scheduled from one settlement interval to the next is plus or minus one MW. (IV) Starts. The entitlement holder shall schedule energy from a baseload entitlement for every settlement interval and may not direct any starts of the entitlement. (V) Default schedule. If the entitlement holder does not submit a timely day-ahead or two-day ahead schedule, as applicable, then the schedule for the applicable operating day is deemed to be 20 MW of energy and zero MW of ancillary services to be delivered to the entitlement holder's designated default QSE in every settlement interval of the applicable operating day. (B) Contract price for baseload. The items included in the contract price between the entitlement holder and the affiliated PGC for the entitlement shall include: (i) Capacity payment. The capacity payment from the entitlement holder to the affiliated PGC is the capacity price in dollars per MW specified in the letter confirmation for the entitlement times 25 MW. (ii) Energy payment. The fuel cost owed to the affiliated PGC by the entitlement holder for the dispatched baseload power will be the average cost of coal, lignite, and nuclear fuel (in dollars per MWh), as applicable to the appropriate congestion zone in which the underlying generation units are located, based on the affiliated PGC's final excess cost over market (ECOM) model as determined pursuant to PURA §39.201. Affiliated PGCs of the electric utilities without an ECOM determination in their proceeding conducted pursuant to PURA §39.201 shall propose, for commission review, an average cost of fuel in a similar manner. The energy payment from the entitlement holder to the affiliated PGC is the fuel cost in dollars per MWh for the entitlement times the greater of: (I) The sum of the total energy scheduled from the entitlement during the entitlement month plus energy deployed up from the entitlement during the entitlement month; or (II) An amount of MWh equal to 20 MW times the number of hours in the entitlement month. (iii) Ancillary services payment. For baseload entitlements, the ancillary services payment to be paid by the entitlement holder to the affiliated PGC is zero. (iv) Energy deployed up reimbursement payment. For energy deployed up, for all settlement intervals in the entitlement month, the affiliated PGC shall pay the entitlement holder the sum of the zonal market clearing price of energy (MCPE) in dollars per MWh paid by ERCOT for that settlement interval times the energy deployed up in that settlement interval. (v) Energy deployed down reimbursement payment. For energy deployed down for all settlement intervals in the entitlement month, the entitlement holder shall pay the affiliated PGC the sum of the MCPE in dollars per MWh paid to ERCOT for that settlement interval times the energy deployed down in that settlement interval. (C) Timing of payment of contract price. The entitlement holder shall pay the affiliated PGC the capacity payment portion of the contract price not less than five days before the beginning of the entitlement month or 20 days after receiving an invoice for the capacity payment from the affiliated PGC, whichever is later. The entitlement holder shall pay the remainder of the contract price to the affiliated PGC after receiving an invoice for that amount in accordance with the other terms of the applicable Agreement. If the affiliated PGC owes the entitlement holder any net amount under the contract price calculation, it will pay that amount to the entitlement holder in accordance with the other terms of the Agreement. (4) Gas-intermediate product. (A) Gas-intermediate scheduling. (i) Schedule types. The entitlement holder shall submit a day-ahead schedule for the entitlement and may submit hour-ahead schedules. The entitlement holder shall submit a two-day-ahead schedule for the entitlement if notified to do so by ERCOT. (ii) Timing of scheduling. All of the times for scheduling referred to in this subparagraph are based on the times in the ERCOT protocols. If the times in the ERCOT protocols are changed, then the times in this subparagraph will be considered to have changed to equitably accommodate the changes in the ERCOT protocols. (I) The entitlement holder shall submit day-ahead or two-day-ahead schedules for the entitlement to the affiliated PGC no later than 8:00 a.m. The daily capacity commitment is determined for a gas-intermediate entitlement by the 8:00 a.m. schedule. The entitlement holder shall submit hour- ahead schedules for ancillary services for the entitlement to the affiliated PGC no later than one hour before the deadline for the affiliated PGC's QSE to submit hour-ahead schedules to ERCOT. (II) The entitlement holder may submit to the affiliated PGC a revised day-ahead or two-day-ahead schedule for energy from the entitlement no later than 10:00 a.m., subject to the limit on maximum energy in clause (iv)(I)(-b-) of this subparagraph. (III) On days that ERCOT allows QSEs to change their day-ahead or two-day-ahead schedules to ERCOT by 1:00 p.m. for congestion or capacity insufficiency, the entitlement holder may submit a revised day-ahead or two-day-ahead schedule for energy from the entitlement to the affiliated PGC no later than noon, subject to the limit on maximum energy in clause (iv)(I)(-b-) of this subparagraph. (IV) The entitlement holder may submit to the affiliated PGC a revised day-ahead or two-day-ahead schedule for ancillary services from the entitlement no later than 1:45 p.m. The entitlement holder cannot change the amount of energy scheduled in a revised schedule for ancillary services. (V) No hour-ahead schedules are permitted for energy from gas- intermediate entitlements. Hour-ahead schedules are permitted for ancillary services from gas-intermediate entitlements. (iii) Schedule content. Each schedule shall specify: (I) For each settlement interval, the MW of energy scheduled to be delivered to the entitlement holder from the entitlement; and (II) For each hour, the MW scheduled to be reserved for the entitlement holder's use of each ancillary service from the entitlement. The entitlement holder shall include any MW bid (but not pricing) for the balancing energy up and balancing energy down ancillary services on the schedule. (iv) Scheduling limits. (I) Total. Generally, the rate at which energy is scheduled cannot change more than plus or minus six MW and the rate at which ancillary services is reserved or scheduled by the entitlement holder in each hour cannot change more than plus or minus six MW. The restrictions in items (-a-) and (-b-) of this subclause apply. (-a-) Minimum energy. The entitlement holder may not schedule energy at less than eight MW from the entitlement at any time during the month, unless the entitlement holder has elected the gas-intermediate Start Option, in which case the entitlement holder may reduce energy below eight MW as specified in subclause (IV)(-a-) of this clause. (-b-) Maximum energy. The entitlement holder may not schedule energy at any level greater than the daily capacity commitment in any settlement interval. (II) Maximum changes. Subject to the limitations specified in subclause (I) of this clause: (-a-) Generally, the rate at which energy is scheduled by the entitlement holder in each hour cannot change more than plus or minus six MW and the rate at which ancillary services are scheduled or reserved by the entitlement holder in each hour cannot change more than plus or minus six MW. The restrictions in items (-b-) and (-c-) apply. (-b-) Energy. Subject to the maximum change specified in item (-a-) of this subclause: (-1-) The maximum change in energy scheduled from the first settlement interval in one hour to the first settlement interval of the next hour is plus or minus six MW. (-2-) Subject to the limitation in subitem (-1-) of this item, the maximum change in energy scheduled from one settlement interval to the next is plus or minus two MW. (-c-) Ancillary services. Subject to the maximum change specified in item (-a-) of this subclause, the maximum change in ancillary services scheduled from the first settlement interval in one hour to the first settlement interval of the next hour is plus or minus six MW. (III) Ancillary services. Subject to the limitations in subclauses (I) and (II) of this clause: (-a-) The total MW of non-spinning reserve service, regulation service up, regulation service down, responsive reserve service, and balancing energy service up and balancing energy service down from the entitlement in one hour shall not exceed ten MW; (-b-) Subject to the limitations in item (-a-) of this subclause, the total MW of regulation service up, regulation service down, responsive reserve service, and bids for balancing energy service up and balancing energy service down from the entitlement in one hour shall not exceed: (-1-) Four MW if the entitlement holder schedules any two-MW changes in the levels of energy within the hour; (-2-) Five MW if the entitlement holder schedules any one-MW, but not two-MW changes in the levels of energy within the hour; or (-3-) Six MW if the entitlement holder does not schedule any changes in the levels of energy within the hour. (-c-) In addition to the limitations in items (-a-) and (-b-) of this subclause, the total MW of non-spinning reserve service, regulation service up, responsive reserve service, and balancing energy service up from the entitlement in a settlement interval shall not exceed an amount of MW equal to the daily capacity commitment for the settlement interval minus the energy scheduled for that settlement interval. (-d-) In addition to the limitations in items (-a-), (-b-), and (-c-) of this subclause, the total MW of regulation service down and balancing energy service down from the entitlement in a settlement interval shall not exceed an amount of MW equal to the energy scheduled for that settlement interval minus eight MW. (-e-) In addition to the limitations in items (-a-), (-b-), and (-c-) of this subclause, if the energy schedule is at zero as permitted under subclause (IV)(-a-) of this clause, then the entitlement holder may not schedule any ancillary services from the gas-intermediate entitlement. (-f-) Non-spinning reserve service may be provided from the entitlement in 30 minutes, and other permitted ancillary services may be provided from the entitlement in ten minutes. (IV) Starts, minimum off time, and minimum run time. (-a-) The entitlement holder may reduce the energy schedule from the gas-intermediate entitlement to zero MW two times during the entitlement month. (-b-) Once the energy schedule is reduced to zero, it shall remain at zero for not less than 48 hours. (-c-) If the entitlement holder increases the energy schedule from zero, then energy shall be scheduled at a minimum of eight MW, and the energy schedule may not be reduced to zero again for at least 72 hours after the energy schedule increased from zero. (v) Default schedule. If the entitlement holder does not submit a timely day-ahead or two-day ahead schedule, as applicable, then the schedule, for the applicable operating day is deemed to be, in every settlement interval of the applicable operating day, eight MW for the daily capacity commitment, eight MW of energy to be delivered to the entitlement holder's designated default QSE, and zero MW of ancillary services, and that deemed schedule may not be changed in any hour-ahead schedule. However, if the entitlement holder has used up its allowable starts for the entitlement month, then the schedule for the applicable operating day is deemed to be, in every settlement interval of the applicable operating day, zero MW for the daily capacity commitment. (B) Gas-intermediate ancillary services. Subject to the scheduling limits in subparagraph (A) of this paragraph, the entitlement holder may use the entitlement in any one hour for one or more of these ancillary services: regulation service up, regulation service down, responsive reserve service, non-spinning reserve service, balancing energy service up, and balancing energy service down. When ERCOT requires mandatory balancing energy down bids, then the affiliated PGC shall so notify the entitlement holder, and the entitlement holder shall then submit a balancing energy down bid to ERCOT in the same percentage that ERCOT requires of the affiliated PGC, subject to the MW limits for gas-intermediate in the applicable Schedule CA of the applicable Agreement. (C) Contract price for gas-intermediate. The items included in the contract price between the entitlement holder and the affiliated PGC for the entitlement shall include: (i) Capacity payment. The capacity payment from the entitlement holder to the affiliated PGC is the capacity price in dollars per MW specified in the letter confirmation for the entitlement times 25 MW. (ii) Energy payment. (I) The energy payment from the entitlement holder to the affiliated PGC for each settlement interval in the entitlement month, is the sum of the minimum energy payment and the excess energy payment. (-a-) The minimum energy payment is the product of the number of hours in the entitlement month at which the energy level is not zero as permitted under subparagraph (A)(iv)(IV)(-a-) of this paragraph, times eight MWh, times the minimum fuel price. (-b-) The excess energy payment for each settlement interval is the excess fuel price defined in subclause (II)(-b-) of this clause, times (energy scheduled minus two MWh plus energy deployed up minus energy deployed down). (II) Fuel price. (-a-) The minimum fuel price is a heat rate equal to 9.9 Million British Thermal Units (MMBtu) per MWh times the daily gas price. (-b-) The excess fuel price is a heat rate equal to 9.9 MMBtu per MWh times the daily gas price. (iii) Ancillary services payment. (I) The ancillary services cost adjustment payment to be paid by the entitlement holder to the affiliated PGC is the ancillary services cost defined in subclause (II) of this clause times the difference, for each settlement interval of the entitlement, between the daily capacity commitment and energy scheduled. (II) The ancillary services cost is a heat rate adjustment equal to 1.015 MMBtu per MW times the daily gas price. (iv) Energy deployed up reimbursement payment. For energy deployed up for all settlement intervals in the entitlement month, the affiliated PGC shall pay the entitlement holder the MCPE in dollars per MWh paid by ERCOT for a settlement interval times the energy deployed up in a settlement interval. (v) Energy deployed down reimbursement payment. For energy deployed down for all settlement intervals in the entitlement month, the entitlement holder shall pay the affiliated PGC the MCPE in dollars per MWh paid to ERCOT for a settlement interval times the energy deployed down in a settlement interval. (D) Timing of payment of contract price. The entitlement holder shall pay the affiliated PGC the capacity payment portion of the contract price not less than five days before the beginning of the entitlement month or 20 days after receiving an invoice for the capacity payment from the affiliated PGC, whichever is later. The entitlement holder shall pay the remainder of the contract price after receiving an invoice for that amount in accordance with the Agreement. If the affiliated PGC owes the entitlement holder any net amount under the contract price calculation, it will pay that amount to the entitlement holder in accordance with the Agreement. (5) Gas-cyclic. (A) Gas-cyclic scheduling. (i) Schedule types. The entitlement holder shall submit a day-ahead schedule for the entitlement and may submit hour-ahead schedules for both energy and ancillary services. The entitlement holder shall submit a two-day-ahead schedule for the entitlement if notified to do so by ERCOT. (ii) Timing of scheduling. All of the times for scheduling referred to in this subparagraph are based on the times in the ERCOT protocols. If the times in the ERCOT protocols are changed, then the times in this subparagraph will be considered to have changed to equitably accommodate the changes in the ERCOT protocols. (I) The entitlement holder shall submit day-ahead or two-day-ahead schedules for the entitlement to the affiliated PGC no later than 8:00 a.m. The daily capacity commitment is determined for a gas-cyclic entitlement by the 8:00 a.m. schedule, unless the entitlement holder notifies the affiliated PGC, in the schedule, that it is exercising its option to set the daily capacity commitment in the last schedule submitted before the gas-cyclic start deadline defined in subclause (V) of this clause. The entitlement holder shall submit hour-ahead schedules for the entitlement to the affiliated PGC no later than one hour before the deadline for the affiliated PGC's QSE to submit hour-ahead schedules to ERCOT. (II) The entitlement holder may submit to the affiliated PGC a revised day-ahead or two-day-ahead schedule for energy from the entitlement no later than 10:00 a.m. (III) On days that ERCOT allows QSEs to change their day-ahead or two-day ahead schedules to ERCOT by 1:00 p.m. for congestion or capacity insufficiency, the entitlement holder may submit a revised day-ahead or two-day-ahead schedule for energy from the entitlement to the affiliated PGC no later than noon. (IV) The entitlement holder may submit to the affiliated PGC a revised day-ahead or two-day-ahead schedule for ancillary services from the entitlement no later than 1:45 p.m. (V) The gas-cyclic start deadline for declaring the daily capacity commitment for each settlement interval in an operating hour is 14 hours before the end of the adjustment period for that operating hour. (iii) Schedule content. Each schedule shall specify: (I) For each settlement interval, the MW of energy scheduled to be delivered to the entitlement holder from the entitlement; and (II) For each hour, the MW scheduled to be reserved for the entitlement holder's use of each ancillary service from the entitlement. The entitlement holder shall include any MW bid (but not pricing) for the balancing energy up and balancing energy down ancillary services on the schedule. (iv) Scheduling limits. (I) Total. Generally, the rate at which energy is scheduled cannot change more than plus or minus six MW and the rate at which ancillary services is reserved or scheduled by the entitlement holder in each hour cannot change more than plus or minus six MW. The restrictions in items (-a-) and (-b-) of this subclause apply. (-a-) Minimum energy. The entitlement holder may not schedule energy at any level between zero MW and five MW from the entitlement at any time during the month. (-b-) Maximum energy. The entitlement holder may not schedule energy at any level greater than the daily capacity commitment in any settlement interval after the entitlement holder designates its daily capacity commitment. (II) Maximum changes. Subject to the limits specified in subclause (I) of this clause: (-a-) The maximum change in the rate at which energy is scheduled from the first settlement interval in one hour to the first settlement interval in the next hour is plus or minus six MW; (-b-) Subject to the limitation in item (-a-) of this subclause, the maximum change in the rate at which energy is scheduled from one settlement interval to the next is plus or minus two MW; and (-c-) Subject to the limitation specified in item (-a-) of this subclause, the maximum change in ancillary services scheduled from the first settlement interval in one hour to the first settlement interval of the next hour is plus or minus six MW. (III) Ancillary services. Subject to the limitations in subclauses (I) and (II) of this clause: (-a-) The total MW of non-spinning reserve service, regulation service up, regulation service down, responsive reserve service, and balancing energy service up and balancing energy service down from the entitlement in one hour shall not exceed ten MW; (-b-) Subject to the limitations in item (-a-) of this subclause, the total MW of regulation service up, regulation service down, responsive reserve service, and bids for balancing energy service up and balancing energy service down from the entitlement in one hour shall not exceed: (-1-) Four MW if the entitlement holder schedules any two-MW changes in the levels of energy within the hour; (-2-) Five MW if the entitlement holder schedules any one-MW, but not two-MW changes in the levels of energy within the hour; or (-3-) Six MW if the entitlement holder does not schedule any changes in the levels of energy within the hour. (-c-) In addition to the limitations in items (-a-) and (-b-) of this subclause, the total MW of non-spinning reserve service, regulation service up, responsive reserve service, and balancing energy service up from the entitlement in a settlement interval shall not exceed an amount of MW equal to the daily capacity commitment for the settlement interval minus the energy scheduled for that settlement interval. (-d-) In addition to the limitations in items (-a-), (-b-), and (-c-) of this subclause, the total MW of regulation service down and balancing energy service down from the entitlement in a settlement interval shall not exceed an amount of MW equal to the energy scheduled for that settlement interval minus five MW. (-e-) Non-spinning reserve service may be provided from the entitlement in 30 minutes, and other permitted ancillary services may be provided from the entitlement in ten minutes. (IV) Starts. Subject to the limits specified in subclause (I) - (III) of this clause, the entitlement holder may not direct more than 20 starts during the month of the entitlement, and the entitlement holder may not direct more than one start per day. A start occurs every time a schedule increases the MW of energy from zero MW. Once 20 starts have occurred during the entitlement, the energy scheduled by the entitlement holder may not be lower than a rate of five MW unless that level is lowered to zero MW, at which time the level may not be raised above zero MW for the remainder of the entitlement. (v) Default schedule. If the entitlement holder does not submit a timely day-ahead or two-day ahead schedule, as applicable, then the schedule for the applicable operating day is deemed to be, in every settlement interval of the applicable operating day, zero MW for the daily capacity commitment, zero MW of energy, and zero MW of ancillary services. This deemed schedule may not be changed in any hour-ahead schedule. (B) Gas-cyclic ancillary services. Subject to the scheduling limits in subparagraph (A) of this paragraph, the entitlement holder may use the entitlement in any one hour for one or more of these ancillary services: regulation service up, regulation service down, responsive reserve service, non-spinning reserve service, balancing energy service up, and balancing energy service down. When ERCOT requires mandatory balancing energy service down bids, then the affiliated PGC shall so notify the entitlement holder, and the entitlement holder shall then submit a balancing energy service down bid in the same percentage that ERCOT requires of the affiliated PGC, subject to the MW limits for gas-cyclic in this paragraph. (C) Contract price for gas-cyclic. The items to be included in the contract price between the entitlement holder and the affiliated PGC for the entitlement shall include: (i) Capacity payment. The capacity payment from the entitlement holder to the affiliated PGC is the capacity price in dollars per MW specified in the letter confirmation for the entitlement times 25 MW. (ii) Energy payment. (I) The energy payment for each settlement interval from the entitlement holder to the affiliated PGC is the fuel price defined in subclause (II) of this clause times (energy scheduled plus energy deployed up minus energy deployed down.) (II) Fuel price. (-a-) The fuel price, for the portion of the daily capacity commitment that is designated by the entitlement holder by 8:00 a.m. in the day-ahead or two-day- ahead schedule, is a heat rate equal to 12.100 MMBtu per MWh times the daily gas price. (-b-) The fuel price, for the portion of the daily capacity commitment that is not released or committed at 8:00 a.m., but is committed before the gas-cyclic start deadline, is a heat rate equal to 12.100 MMBtu per MWh times (the sum of the daily gas price plus $ .25.) (iii) Ancillary services payment. (I) The ancillary services payment to be paid by the entitlement holder to the affiliated PGC is the product of the ancillary services cost defined in subclause (II) of this clause times the difference, for each settlement interval of the entitlement, between the daily capacity commitment and energy scheduled. (II) The ancillary services cost is a heat rate adjustment equal to 1.622 MMBtu per MW times the daily gas price. (iv) Energy deployed up reimbursement payment. For energy deployed up, for all settlement intervals in the entitlement month, the affiliated PGC shall pay the entitlement holder the MCPE in dollars per MWh paid by ERCOT for a settlement interval times the energy deployed up in a settlement interval. (v) Energy deployed down reimbursement payment. For energy deployed down for all settlement intervals in the entitlement month, the entitlement holder shall pay the affiliated PGC the MCPE in dollars per MWh paid to ERCOT for a settlement interval times the energy deployed down in a settlement interval. (D) Timing of payment of contract price. The entitlement holder shall pay the affiliated PGC the capacity payment portion of the contract price not less than five days before the beginning of the entitlement month or 20 days after receiving an invoice for the capacity payment from the affiliated PGC, whichever is later. The entitlement holder shall pay the remainder of the contract price after receiving an invoice for that amount in accordance with the other terms of the Agreement. If the affiliated PGC owes the entitlement holder any net amount under the contract price calculation, it will pay that amount to the entitlement holder in accordance with the other terms of the Agreement. (6) Gas-peaking. (A) Gas-peaking scheduling. (i) Schedule types. The entitlement holder shall submit a day-ahead schedule for the entitlement and may submit hour-ahead schedules. The entitlement holder shall submit a two-day-ahead schedule for the entitlement if notified to do so by ERCOT. (ii) Timing of scheduling. All of the times for scheduling referred to in this subparagraph are based on the times in the ERCOT protocols. If the times in the ERCOT protocols are changed, then the times in this subparagraph will be considered to have changed to equitably accommodate the changes in the ERCOT protocols. (I) The entitlement holder shall submit day-ahead or two-day-ahead schedules for the entitlement to the affiliated PGC no later than 8:00 a.m. The daily capacity commitment is determined for a gas-peaking entitlement by the 8:00 a.m. schedule, unless the entitlement holder notifies the affiliated PGC, in the schedule, that it is exercising its option to set the daily capacity commitment in the last schedule submitted before the gas-peaking start deadline defined in subclause (V) of this clause. The entitlement holder shall submit hour-ahead schedules for the entitlement to the affiliated PGC no later than one hour before the deadline for the affiliated PGC's QSE to submit hour-ahead schedules to ERCOT. (II) The entitlement holder may submit to the affiliated PGC a revised day-ahead or two-day-ahead schedule for energy from the entitlement no later than 10:00 a.m. (III) On days that ERCOT allows QSEs to change their day-ahead or two-day ahead schedules to ERCOT by 1:00 p.m. for congestion or capacity insufficiency, the entitlement holder may submit a revised day-ahead or two-day-ahead schedule for energy from the entitlement to the affiliated PGC no later than noon. (IV) The entitlement holder may submit to the affiliated PGC a revised day-ahead or two-day-ahead schedule for the non- spinning reserve service from the entitlement no later than 1:45 p.m. (V) The gas-peaking start deadline for declaring the daily capacity commitment for each settlement interval in an operating hour is one hour before the end of the adjustment period for that operating hour. (iii) Schedule content. Each schedule shall specify: (I) For each settlement interval, the MW of energy scheduled to be delivered to the entitlement holder from the entitlement; and (II) For each hour, the MW scheduled to be reserved for the entitlement holder's use of the non-spinning reserve service from the entitlement. (iv) Scheduling limits. (I) Total. (-a-) The rate at which energy is scheduled or ancillary services reserved or scheduled by the entitlement holder in each settlement interval during an hour shall be either zero MW or 25 MW and cannot change during the hour. (-b-) Subject to the requirement of item (-a-) of this subclause, if the entitlement holder schedules any energy from the entitlement in an hour, the rate at which energy is scheduled shall continue uninterrupted at a level of 25 MW for not less than four hours. (-c-) Subject to the requirements of items (-a-) and (-b-) of this subclause, when the entitlement holder decreases a schedule for energy to zero MW from the entitlement in an hour, the rate at which energy is scheduled or at which ancillary services is scheduled or reserved shall continue uninterrupted at a level of zero MW for not less than two hours. (II) Starts. The number of starts of the entitlement is not limited. (v) Default schedule. If the entitlement holder does not submit a timely day-ahead or two-day ahead schedule, as applicable, then the schedule, for the applicable operating day is deemed to be, in every settlement interval of the applicable operating day, zero MW for the daily capacity commitment, zero MW of energy, and zero MW of the non-spinning reserve service. This deemed schedule may not be changed in any revised day-ahead or two-day ahead schedule, or in any hour-ahead schedule. (B) Gas-peaking ancillary services. The entitlement holder may not use the entitlement for any ancillary service except the non-spinning reserve service. (C) Contract price for gas-peaking. The items to be included in the contract price between the entitlement holder and the affiliated PGC for the entitlement shall include: (i) Capacity payment. The capacity payment from the entitlement holder to the affiliated PGC is the capacity price in dollars per MW specified in the letter confirmation for the entitlement times 25 MW. (ii) Energy payment. (I) The energy payment for each settlement interval, from the entitlement holder to the affiliated PGC is the fuel price defined in subclause (II) of this clause times (energy scheduled plus non-spinning energy deployed plus non- spinning energy instructed deviation.) (II) Fuel price. (-a-) The fuel price, for operating days for which the entitlement holder designated its daily capacity commitment by 8:00 a.m. in the day-ahead or two- day ahead schedule, is a heat rate equal to 14.100 MMBtu per MWh times the daily gas price. (-b-) The fuel price, for operating days for which the entitlement holder exercises its option to designate its daily capacity commitment after 8:00 a.m. and before the gas-peaking start deadline, is a heat rate equal to 14.100 MMBtu per MWh times the sum of the daily gas price plus $ .25. (iii) Ancillary services payment. The ancillary services payment to be paid by the entitlement holder to the affiliated PGC is the product of $1.00 per MW times the total number of MW of non-spinning reserve service scheduled during each hour of the entitlement month. (iv) Ancillary services reimbursement payment. The ancillary services reimbursement payment from the affiliated PGC to the entitlement holder is the sum of the MCPE for energy in dollars per MWh paid by ERCOT for each MWh of non-spinning energy deployed and the price that ERCOT pays for uninstructed deviations for each MWh of non-spinning energy uninstructed deviation. (D) Timing of payment of contract price. The entitlement holder shall pay the affiliated PGC the capacity payment portion of the contract price not less than five days before the beginning of the entitlement month or 20 days after receiving an invoice for the capacity payment from the affiliated PGC, whichever is later. The entitlement holder shall pay the remainder of the contract price after receiving an invoice for that amount in accordance with the other terms of the Agreement. If the affiliated PGC owes the entitlement holder any net amount under the contract price calculation, it will pay that amount to the entitlement holder in accordance with the other terms of the Agreement. (g) Product descriptions for capacity in non-ERCOT areas. The provisions in this subsection apply to capacity auctions in non-ERCOT areas. Subsection (f) of this section contains provisions applicable to capacity auctions in ERCOT. (1) Definitions. The following words and terms when used in this subsection shall have the following meanings unless the context indicates otherwise: (A) Daily capacity commitment--The amount of capacity scheduled by the entitlement holder that a seller shall make available for the provision of energy from an entitlement. (B) Day ahead schedule--A schedule submitted by the entitlement holder to a seller of the entitlement holder's scheduled usage of the entitlement for the following operating day. (C) Energy scheduled--For each settlement interval, the final schedule for energy that the entitlement holder submits to a seller, subject to the limits on timing and amounts of schedules contained in this subsection. (D) Grouped entitlements--All of the entitlements from a seller that the entitlement holder holds for a particular entitlement month. (E) Hour-ahead schedule--A schedule other than a day-ahead schedule submitted by the entitlement holder to a seller of the entitlement holder's scheduled usage of the entitlement for the following operating hour. (2) Baseload product. (A) Description. For each baseload capacity entitlement, the scheduled power shall be provided to the entitlement holder during the month of the entitlement seven days per week and 24 hours per day, in accordance with the scheduling requirements and limitations provided in subparagraph (E) of this paragraph. (B) Block size. Each baseload capacity entitlement shall be 25 MW in size. (C) Fuel price. The fuel cost owed to the affiliated PGC by the entitlement holder for the dispatched baseload power will be the average cost of coal, lignite, and nuclear fuel, in dollars per MWh, based on the company's final ECOM model as determined in the proceeding pursuant to PURA §39.201 as projected for the relevant time period. Electric utilities without an ECOM determination in their proceeding conducted pursuant to PURA §39.201 shall propose for commission review an average cost of fuel in a similar manner. (D) Starts per month. The entitlement holder of a baseload capacity entitlement shall take power from the entitlement seven days per week and 24 hours per day and is therefore not permitted to direct the affiliated PGC to make any starts of baseload capacity entitlements. (E) Baseload scheduling. (i) Schedule types. The entitlement holder shall submit a day-ahead schedule for the entitlement. (ii) Timing of scheduling. (I) The entitlement holder shall submit day-ahead schedules for the entitlement to the seller no later than 8:00 a.m. The daily capacity commitment is determined for a baseload entitlement by the 8:00 a.m. schedule. (II) The entitlement holder may submit to the seller a revised day- ahead schedule for energy from the entitlement no later than noon, subject to the limit on maximum energy in clause (iv)(II) of this subparagraph. (III) No hour-ahead schedules are permitted for energy from baseload entitlements. (iii) Schedule content. Each schedule shall specify, for each scheduling interval, subject to the scheduling limits in clause (iv) of this subparagraph, the energy scheduled to be delivered to the entitlement holder from the entitlement. (iv) Scheduling limits. (I) Minimum energy. The entitlement holder may not schedule energy at less than 20 MW from the entitlement at any time during the month. (II) Maximum energy. The entitlement holder may not schedule energy at any level greater than the daily capacity commitment in any scheduling interval. (III) Maximum changes. Subject to the minimum energy rate specified in subclause (I) of this clause: (-a-) Total. Generally, the rate at which energy is scheduled by the entitlement holder in each hour cannot change more than plus or minus two MW. (-b-) Energy. Subject to the maximum change specified in item (-a-) of this subclause, the maximum change in energy scheduled from one scheduling interval to the next scheduling interval cannot exceed plus or minus two MW. (v) Default schedule. If the entitlement holder does not submit a timely day-ahead schedule, as applicable, then the schedule for the applicable operating day shall be deemed to be, in every settlement interval of the applicable operating day, a total of 20 MW for the daily capacity commitment. (F) Contract price for baseload. The items to be included in the contract price between the entitlement holder and the affiliated PGC for the entitlement shall include: (i) Capacity payment. The capacity payment from the entitlement holder to the affiliated PGC is the capacity price in dollars per MW specified in the letter confirmation for the entitlement times 25 MW. (ii) Energy payment. The fuel price is as specified on the letter confirmation for the entitlement. The energy payment from the entitlement holder to the affiliated PGC is the fuel price in dollars per MWh specified in the letter confirmation for the entitlement times the greater of: (I) The total energy scheduled from the entitlement during the entitlement month; or (II) An amount of MWh equal to 20 MW times the number of hours in the entitlement month. (G) Timing of payment of contract price. The entitlement holder shall pay the affiliated PGC the capacity payment portion of the contract price not less than five days before the beginning of the entitlement month or 20 days after receiving an invoice for the capacity payment from the affiliated PGC, whichever is later. The entitlement holder shall pay the remainder of the contract price to the affiliated PGC after receiving an invoice for that amount in accordance with the other terms of the Agreement. If the affiliated PGC owes the entitlement holder any net amount under the contract price calculation, it will pay that amount to the entitlement holder in accordance with the other terms of the Agreement. (3) Gas-intermediate product. (A) Description. For each gas-intermediate capacity entitlement, not less than 30% of the entitlement shall be provided to the entitlement holder at any time when any of the entitlement is being scheduled by the entitlement holder , with the remainder of the block scheduled as day-ahead shaped power in accordance with the scheduling requirements and limitations provided in subparagraph (E) of this paragraph. (B) Block size. Each gas-intermediate capacity entitlement shall be 25 MW in size. (C) Fuel price. (i) Except as specified otherwise in clause (ii) of this subparagraph, the fuel cost owed to the affiliated PGC by the entitlement holder for the gas-intermediate capacity dispatched will be 10.850 MMBtu per MWh heat rate times the minimum MWh that shall be taken for gas-intermediate capacity as required in subparagraph (A) of this paragraph times the first-of-the-month index posted in the publication \"Inside FERC\" for the Houston Ship Channel for the month of the entitlement. For power dispatched above the minimum MWh required, the additional fuel price owed to the affiliated PGC will be 10.850 MMBtu per MWh times the MWh of gas-intermediate power dispatched pursuant to the entitlement above the minimum requirement times the daily gas price. (ii) EGSI. (I) For EGSI gas-intermediate capacity in the eastern congestion zone, the fuel cost owed to its affiliated PGC by the capacity entitlement holder for the gas-intermediate capacity dispatched will be 10.850 MMBtu per MWh heat rate times the minimum MWh that shall be taken for gas- intermediate capacity as required in subparagraph (A) of this paragraph times the first-of-the-month index posted in the publication \"Inside FERC\" for Henry Hub for the month of the entitlement. For power dispatched above the minimum MWh required, the additional fuel price owed to the affiliated PGC will be 10.850 MMBtu per MWh times the MWh of gas-intermediate power dispatched pursuant to the entitlement above the minimum requirement times the Henry Hub daily gas price. (II) For EGSI gas-intermediate capacity in the western congestion zone, the fuel cost owed to its affiliated PGC by the capacity entitlement holder for the gas-intermediate capacity dispatched will be 10.850 MMBtu per MWh heat rate times the minimum MWh that shall be taken for gas- intermediate capacity as required in subparagraph (A) of this paragraph times the average of the first-of-the-month index posted in the publication \"Inside FERC\" for Henry Hub for the month of the entitlement and the first-of-the- month index posted in the publication \"Inside FERC\" for the Houston Ship Channel for the month of the entitlement. For power dispatched above the minimum MWh required, the additional fuel price owed to the affiliated PGC will be 10.850 MMBtu per MWh times the MWh of gas- intermediate power dispatched pursuant to the entitlement above the minimum requirement times the average of the Henry Hub daily gas price and the Houston Ship Channel daily gas price. (D) Starts per month. The entitlement holder of gas-intermediate capacity shall take a minimum of 30% of the power from the entitlement in each interval and is therefore not permitted to direct the affiliated PGC to make any starts of gas intermediate capacity entitlements. (E) Gas-intermediate scheduling. (i) Schedule types. The entitlement holder shall submit a day-ahead schedule for the entitlement. (ii) Timing of scheduling. (I) The entitlement holder shall submit day-ahead schedules for the entitlement to the seller no later than 8:00 a.m. The daily capacity commitment is determined for a gas-intermediate entitlement by the 8:00 a.m. schedule. (II) The entitlement holder may submit to seller a revised day- ahead schedule for energy from the entitlement no later than noon, subject to the limit on maximum energy in clause (iv)(II) of this subparagraph. (III) No hour-ahead schedules are permitted for energy from gas- intermediate entitlements. (iii) Schedule content. Each schedule shall specify, for each scheduling interval, the energy scheduled to be delivered to the entitlement holder from the entitlement. (iv) Scheduling limits. (I) Minimum energy. The entitlement holder may not schedule energy at less than eight MW from the entitlement at any time during the month. (II) Maximum energy. The entitlement holder may not schedule energy at a level greater than the daily capacity commitment in any scheduling interval. (III) Maximum changes. Subject to the minimum energy rate specified in subclause (I) of this clause and the maximum energy rate specified in subclause (II) of this clause, the energy scheduled by the entitlement holder in each hour cannot change more than plus or minus six MW. (v) Default schedule. If the entitlement holder does not submit a timely day-ahead schedule, as applicable, then the schedule for the applicable operating day shall be deemed to be, in every settlement interval of the applicable operating day, a total of eight MW for the daily capacity commitment. This deemed schedule may not be changed in any hour-ahead schedule. (F) Contract price for gas-intermediate. The items to be included in the contract price between the entitlement holder and the affiliated PGC for the entitlement shall include: (i) Capacity payment. The capacity payment from the entitlement holder to the affiliated PGC is the capacity price in dollars per MW specified in the letter confirmation for the entitlement times 25 MW. (ii) Energy payment. (I) The energy payment from the entitlement holder to the affiliated PGC is the sum, for each settlement interval in the entitlement month, of the minimum energy payment and the excess energy payment. (-a-) The minimum energy payment is the product of eight MWh times the minimum fuel price. (-b-) The excess energy payment is the product, for each settlement interval, of the excess fuel price defined in subclause (II)(-b-) of this clause times energy scheduled. (II) Fuel price. (-a-) The minimum fuel price is the product of a heat rate equal to 10.850 MMBtu per MWh times the daily gas price. (-b-) The excess fuel price is the product of a heat rate equal to 10.850 MMBtu per MWh times the daily gas price. (G) Timing of payment of contract price. The entitlement holder shall pay the affiliated PGC the capacity payment portion of the contract price not less than five days before the beginning of the entitlement month or 20 days after receiving an invoice for the capacity payment from the affiliated PGC, whichever is later. The entitlement holder shall pay the remainder of the contract price after receiving an invoice for that amount in accordance with the terms of the Agreement. If the affiliated PGC owes the entitlement holder any net amount under the contract price calculation, it will pay that amount to the entitlement holder in accordance with the terms of the Agreement. (4) Gas-cyclic product. (A) Description. The gas-cyclic entitlement shall be flexible day-ahead shaped power. (B) Block size. Each gas-cyclic capacity entitlement shall be 25 MW in size. (C) Fuel price. (i) Except as specified otherwise in clause (ii) of this subparagraph, the fuel price owed to the affiliated PGC by the capacity entitlement holder for gas-cyclic capacity dispatched will be 12.100 MMBtu per MWh times the MWh of the gas-cyclic power dispatched under the entitlement times the daily gas price. (ii) EGSI. (I) For EGSI gas-cyclic capacity in the eastern congestion zone, the fuel cost owed to its affiliated PGC by the capacity entitlement holder for the gas-cyclic capacity dispatched will be 12.100 MMBtu per MWh times the MWh of gas- cyclic power dispatched under the entitlement times the Henry Hub daily gas price. (II) For EGSI gas-cyclic capacity in the western congestion zone, the fuel cost owed to its affiliated PGC by the capacity entitlement holder for the gas-cyclic capacity dispatched will be 12.100 MMBtu per MWh times the MWh of gas- cyclic power dispatched under the entitlement times the average of the Henry Hub daily gas price and the Houston Ship Channel daily gas price. (D) Starts per month and associated costs. The entitlement holder of gas-cyclic capacity shall be entitled to direct the selling affiliated PGC to make up to the amount of starts per month of each entitlement of gas-cyclic capacity allowed pursuant to subparagraph (E)(v) of this paragraph. (E) Gas-cyclic scheduling. (i) Schedule types. The entitlement holder shall submit a day-ahead schedule for the entitlement. (ii) Timing of scheduling. (I) The entitlement holder shall submit day-ahead schedules for the entitlement to seller no later than 8:00 a.m. The daily capacity commitment is determined for a gas-cyclic entitlement by the 8:00 a.m. schedule, unless the entitlement holder notifies seller, in the schedule, that it is exercising its option to set the daily capacity commitment in the last schedule submitted before the gas-cyclic start deadline pursuant to subclause (IV) of this clause. (II) The entitlement holder may submit to seller a revised day- ahead schedule for energy from the entitlement no later than noon, subject to the limit on maximum energy in clause (iv)(II) of this subparagraph. (III) No hour-ahead schedules are permitted for energy from gas- cyclic entitlements. (IV) The gas-cyclic start deadline for declaring the daily capacity commitment for each settlement interval in an operating hour is 15 hours before the start of the operating hour. (iii) Schedule content. Each schedule shall specify, for each scheduling interval, the energy scheduled to be delivered to the entitlement holder from the entitlement. (iv) Scheduling limits. (I) Minimum energy. The entitlement holder may not schedule energy at any level between zero MW and five MW from the entitlement at any time during the month. (II) Maximum energy. The entitlement holder may not schedule energy at any level greater than the daily capacity commitment in any scheduling interval. (III) Maximum changes. Subject to the minimum energy rate specified in subclause (I) of this clause and the maximum energy rate specified in subclause (II) of this clause, the energy scheduled by the entitlement holder in each hour cannot change more than plus or minus six MW. (v) Starts. The entitlement holder shall not direct more than 20 starts during the month of the entitlement, and the entitlement holder shall not direct more than one start per day. A start occurs every time a schedule increases the MW of energy from zero MW. Once the maximum number of starts have occurred during the entitlement, the energy scheduled by the entitlement holder may not be lower than a rate of five MW unless that level is lowered to zero MW, at which time the level may not be raised above zero MW for the remainder of the month. (vi) Default schedule. If the entitlement holder does not submit a timely day-ahead schedule as applicable, then the schedule for the applicable operating day is deemed to be, in every settlement interval of the applicable operating day, zero MW for the daily capacity commitment and zero MW of energy. This deemed schedule may not be changed. (F) Contract price for gas-cyclic. The items to be included in the contract price between the entitlement holder and the affiliated PGC for the entitlement shall include: (i) Capacity payment. The capacity payment from the entitlement holder to the affiliated PGC is the capacity price in dollars per MW specified in the letter confirmation for the entitlement times 25 MW. (ii) Energy payment. (I) The energy payment for each settlement interval from the entitlement holder to the affiliated PGC is the product, of the fuel price defined in subclause (II) of this clause times energy scheduled. (II) Fuel price. (-a-) The fuel price, for the portion of the daily capacity commitment that is designated by the entitlement holder by 8:00 a.m. in the day-ahead schedule, is the product of a heat rate equal to 12.100 MMBtu per MWh times the daily gas price. (-b-) The fuel price for the portion of the daily capacity commitment that is not released or committed at 8:00 a.m., but committed before the gas-cyclic start deadline, is the product of a heat rate equal to 12.100 MMBtu per MWh times (the sum of the daily gas price plus $ 0.25.) (G) Timing of payment of contract price. The entitlement holder shall pay the affiliated PGC the capacity payment portion of the contract price not less than five days before the beginning of the entitlement month or 20 days after receiving an invoice for the capacity payment from the affiliated PGC, whichever is later. The entitlement holder shall pay the remainder of the contract price after receiving an invoice for that amount in accordance with the terms of the Agreement. If the affiliated PGC owes the entitlement holder any net amount under the contract price calculation, it will pay that amount to the entitlement holder in accordance with the terms of the Agreement. (5) Gas-peaking product. (A) Description. The gas-peaking entitlement shall be intra-day power. (B) Block size. Each gas-peaking capacity entitlement shall be 25 MW in size. (C) Fuel price. (i) Except as specified in clause (ii) of this subparagraph, the fuel price owed to the affiliated PGC by the entitlement holder for gas- peaking capacity dispatched will be 14.100 MMBtu per MWh times the MWh of the gas-peaking power dispatched under the entitlement times the daily gas price. (ii) EGSI. (I) For EGSI gas-peaking capacity in the eastern congestion zone, the fuel cost owed to its affiliated PGC by the capacity entitlement holder for the gas-peaking capacity dispatched will be 14.100 MMBtu per MWh times the MWh of gas- peaking power dispatched under the entitlement times the Henry Hub daily gas price. (II) For EGSI gas-peaking capacity in the western congestion zone, the fuel cost owed to its affiliated PGC by the capacity entitlement holder for the gas-peaking capacity dispatched will be 14.100 MMBtu per MWh times the MWh of gas- peaking power dispatched under the entitlement times the average of the Henry Hub daily gas price and the Houston Ship Channel daily gas price. (D) Starts per month and associated costs. The entitlement holder of gas-peaking capacity shall be entitled to direct the selling affiliated PGC to make unlimited starts per month of each entitlement of gas-peaking capacity. (E) Gas-peaking scheduling. (i) Schedule types. The entitlement holder shall submit a day-ahead schedule for the entitlement and may submit hour-ahead schedules. (ii) Timing of scheduling. (I) The entitlement holder shall submit day-ahead schedules for the entitlement to the seller no later than 8:00 a.m. The daily capacity commitment is determined for a gas-peaking entitlement by the 8:00 a.m. schedule, unless the entitlement holder notifies the seller, in the schedule, that it is exercising its option to set the daily capacity commitment in the last schedule submitted before the gas-peaking start deadline defined in subclause (III) of this clause. The entitlement holder shall submit hour-ahead schedules for the entitlement to the seller no later than one hour before the start of the operating hour. (II) The entitlement holder may submit to the seller a revised day- ahead schedule for energy from the entitlement no later than noon. (III) The gas-peaking start deadline for declaring the daily capacity commitment for each operating hour is two hours before the beginning of the operating hour. (iii) Schedule content. Each schedule shall specify, for each scheduling interval, the energy scheduled to be delivered to the entitlement holder from the entitlement. (iv) Scheduling limits. (I) The rate at which energy is scheduled by the entitlement holder in each scheduling interval during one hour shall be either zero MW or 25 MW and cannot change during the hour. (II) Subject to the requirement of subclause (I) of this clause, if the entitlement holder schedules any energy from the entitlement in one hour, the rate at which energy is scheduled shall continue uninterrupted at a level of 25 MW for not less than four hours. (III) Subject to the requirements of subclause (I) and (II) of this clause, when the entitlement holder decreases a schedule for energy to zero MW from the entitlement in one hour, the energy scheduled shall continue uninterrupted at a level of zero MW for not less than two hours. (v) Default Schedule. If the entitlement holder does not submit a timely day-ahead schedule then the schedule for the applicable operating day shall be deemed to be, in every settlement interval of the applicable operating day, zero MW for the daily capacity commitment and zero MW of energy. This deemed schedule may not be changed in any revised day-ahead schedule, or in any hour- ahead schedule. (F) Contract price for gas-peaking. The items to be included in the contract price between the entitlement holder and the affiliated PGC for the entitlement shall include: (i) Capacity payment. The capacity payment from the entitlement holder to the affiliated PGC is the capacity price in dollars per MW specified in the letter confirmation for the entitlement times 25 MW. (ii) Energy payment. (I) The energy payment for each settlement interval from the entitlement holder to the affiliated PGC is the product of the fuel price defined in subclause (II) of this clause times energy scheduled. (II) Fuel price. (-a-) The fuel price, for operating days for which the entitlement holder designated its daily capacity commitment by 8:00 a.m. in the day-ahead schedule, is the product of a heat rate equal to 14.100 MMBtu per MWh times the daily gas price. (-b-) The fuel price, for operating days for which the entitlement holder exercised its option to designate its daily capacity commitment after 8:00 a.m. and before the gas-peaking start deadline, is the product of a heat rate equal to 14.100 MMBtu per MWh times (the sum of the daily gas price plus $ .25). (G) Timing of payment of contract price. The entitlement holder shall pay the affiliated PGC the capacity payment portion of the contract price not less than five days before the beginning of the entitlement month or 20 days after receiving an invoice for the capacity payment from the affiliated PGC, whichever is later. The entitlement holder shall pay the remainder of the contract price after receiving an invoice for that amount in accordance with the terms of the Agreement. If the affiliated PGC owes the entitlement holder any net amount under the contract price calculation, it will pay that amount to the entitlement holder in accordance with the terms of the Agreement. (6) Scheduling discrepancies. If the entitlement holder submits a schedule to seller for an entitlement that violates any of the scheduling requirements for that capacity auction product type, the schedule shall be deemed a non-conforming schedule for a scheduled hour. The schedule for that non-conforming scheduled hour shall then be deemed to be the same as the schedule for the nearest preceding hour for which the schedule was not a non-conforming schedule. The seller shall promptly notify the entitlement holder of a non-conforming schedule. (7) Ancillary services. Until such time that all ancillary services issues are addressed and resolved within the context of a Federal Energy Regulatory Commission (FERC) approved regional transmission organization, entitlements will include rights only to energy and capacity as described in this subsection and specifically exclude any ancillary services rights. Such exclusion is consistent with subsection (e)(1) of this section, which allows products other than those described in this subsection to be offered with good cause. In the interim, the affiliated PGC shall provide the required ancillary services to eligible customers at the current FERC- approved rates. (h) Auction process. (1) Timing issues. (A) Frequency of auctions. (i) Auction dates. Capacity auctions shall begin on March 10, July 10, September 10, and November 10 of each year. If the date for an auction start falls on a weekend or banking holiday, then that auction shall begin on the first business day after the weekend or banking holiday. (ii) Simultaneous auctions. Auctions for a product will be held simultaneously by all affiliated PGCs of entitlements within the respective North American Electric Reliability Council (NERC) regions in Texas. For example, ERCOT and non-ERCOT auctions can be held at different times and dates. (iii) Termination of the capacity auction process. The obligation of an affiliated PGC to auction entitlements shall continue until the earlier of 60 months after the date customer choice is introduced or the date the commission determines that 40% or more of the electric power consumed by residential and small commercial customers within the affiliated transmission and distribution utility's certificated service area before the onset of customer choice is provided by nonaffiliated retail electric providers. The determination of the 40% threshold shall be as prescribed by the commission's rule relating to the price to beat. (B) Auction conclusion. (i) Receipt of bids. In order for an affiliated PGC that is auctioning capacity to consider a bid, the bid must be received by that affiliated PGC by close of the round for which the bid is to be submitted. (ii) Concluding each individual auction. The affiliated PGC shall provide notice of the winning bid(s) to auction participants and the commission by the close of business on the first day after the auction closes that is not a weekend or banking holiday. (iii) Confidentiality and posting of bids. The affiliated PGC shall designate non-marketing personnel to evaluate the bids, and persons reviewing the bids shall not disclose the bids to any person engaged in marketing activities for the affiliated PGC or use any competitively sensitive information received in the bidding process. Upon announcement of the winning bids, the affiliated PGC shall provide the commission and all auction participants information on the quantity of each product requested by bidders during each round of an auction, but shall not divulge the identity of any particular bidders. Upon specific request by the commission, and under standard protective order procedures, the utility shall provide the identity of the bidders to the commission. (iv) The affiliated PGC shall be deemed to have met the 15% requirement if it offered products in a product category (for example, gas- intermediate) and successfully sold, at least, all of the entitlements offered in one particular month, in that product category. If there is no month in which all of the products in a product category are sold, the affiliated PGC shall comply with the provisions of paragraph (7)(C) of this subsection. (2) Auction administration. (A) Each auction shall be administered by the affiliated PGC selling the entitlement. An affiliated PGC or group of affiliated PGCs may retain the services of a qualified third-party to perform the auction administration functions. (B) Notice of capacity available for auction. (i) Method of notice. At least 60 days before each auction start date, each affiliated PGC offering capacity entitlements at auction shall file with the commission notice of the pending auction. Within 20 days of the filing of the notice, interested parties may provide comments on the affiliated PGC's proposed notice. If no comments are received, the affiliated PGC's proposed notice shall be deemed appropriate. If any party objects to the affiliated PGC's proposed notice, then the commission shall administratively approve, reject, or approve the notice with modifications. With respect to the September 10, 2003 auction: (I) Affiliated PGC's shall include a reference to Project Number 27826, Rulemaking Proceeding to Require Another Set of Two-Year Strips Under the Capacity Auction Rule, §25.381 , in their 60-day notice with a statement that the products to be auctioned in the September 2003 auction will not be fully known until after the commission finalizes Project Number 27826; and (II) Within five days after the rule amendment in Project Number 27826 becomes effective, affiliated PGC's shall revise their notice, with sufficient explanation, to accurately reflect the products to be auctioned. (ii) Contents of notice. (I) The auction notice shall include the auction start date, the date and time by which bids must be received for the first round, and the types, quantity (number of blocks), congestion zone, and term of each entitlement available in that auction. The notice shall also include the following range of bid increments for each product type to be used to adjust the price of entitlements between rounds of the auction: (-a-) Baseload - $ .05 to $ .75; (-b-) Gas-intermediate - $ .02 to $ .30; (-c-) Gas-cyclic - $ .02 to $ .30; (-d-) Gas-peaking - $ .02 to $ .30. (II) The affiliated PGC shall also specify which power generation units will be used to meet the entitlement for each type of entitlement to be auctioned. If baseload entitlements are being auctioned, the utility shall also specify the fuel cost prescribed in subsections (f)(3)(B)(ii) and (g)(2)(F)(ii) of this section at the time of the auction. If an entitlement to be auctioned is subject to the forced outage provision in subsection (e)(2)(B) of this section, then the notice must include the applicable three-year rolling average of the forced outage rate. (iii) The affiliated PGCs shall publish their respective notices and application forms on their web sites no later than 45 calendar days before the start of each auction. Each entity that intends to bid in an affiliated PGC's auction shall complete the forms, which include the first page of the cover sheet to the Agreement, and submit them to the affiliated PGC at least 20 business days before the auction starts, to allow enough time for evaluation and approval of credit. Potential bidders may submit the required documents after that time, but at the risk of not having credit and document approval in time for them to participate in the auction. (iv) Credit approval for entities bidding on capacity auction products in ERCOT or in non-ERCOT areas of Texas will be performed pursuant to subsection (e)(7) of this section. (v) The affiliated PGC shall notify an approved bidder of its available credit and send the approved bidder a completed capacity auction- specific version of the applicable Agreement, executed by the affiliated PGC, within ten business days after the bidder has submitted the required information. The approved bidder should attempt to execute and return the executed Agreement to the affiliated PGC no later than five business days before the auction starts. The executed Agreement shall be received by the affiliated PGC no later than two business days before the auction starts. The affiliated PGC shall provide a password or passwords to the approved bidder to allow access to the auction web site and to allow it to bid no later than one business day before the auction starts. An approved bidder may not request or receive additional credit after the auction starts. (vi) Specific information on how to place bids and navigate the auction sites will be provided by the affiliated PGCs to their qualified bidders prior to the beginning of the capacity auction. (3) Term of auctioned capacity. (A) Initial auction. For the initial auction in September 2001, each entitlement was one month in duration, with: (i) Approximately 20% of the entitlements auctioned as two one-year strips with the strips auctioned jointly (the 12 months of 2002 and 2003), (ii) Approximately 30% of the entitlements as one-year strips (the 12 months of 2002), and (iii) Approximately 20% of the entitlements as discrete months for each of the 12 months of 2002 (January through December of 2002) (iv) Approximately 30% of the entitlements as discrete months for the first four months of 2002 (January through April of 2002). (v) Reductions in the amounts of entitlements available during the months of March, April, May, October, and November of each calendar year shall be accounted for in the entitlements offered as discrete months. (B) Schedule of subsequent auctions. (i) The auction in March of a year will auction approximately 30% of the entitlements as the discrete months of May through August of that year. (ii) The auction in July of a year will auction approximately 30% of the entitlements as the discrete months of September through December of that year. (iii) The auction in September of a year will auction: (I) Approximately 50% of the entitlements as the one-year strips for the next year; and (II) Approximately 20% of the entitlements as discrete months for each of the 12 calendar months of the next year. (iv) The auction in November of a year will auction approximately 30% of the entitlements as the discrete months of January through April of the next year. (v) Reductions in the amounts of entitlements available during the months of March, April, May, October, and November of each calendar year shall be accounted for in the entitlements offered as discrete months. (vi) The commission will periodically evaluate the need to sell one-year and two-year strips and make appropriate adjustments to the terms of the auctions. (C) Modification of term. If the auction is for a one-year or two-year strip term and the affiliated retail electric provider (REP) expects to reach the 40% load loss threshold in paragraph (1)(A)(iii) of this subsection, the affiliated PGC may request a shorter term strip by providing evidence of the loss of customer load. Similarly, prior to an auction for the next four available months, an affiliated PGC may request to not auction months in which it projects reaching the 40% threshold. Such filings shall be made 90 days before the auction start date. An affiliated PGC that will satisfy its auction requirements through divestiture, as described in subsection (d) of this section may petition the commission to set an appropriate term for entitlements. The affiliated PGC may not adjust the amount or length of an entitlement to be auctioned except as authorized by the commission. (4) Quantity to be auctioned. (A) Block size and number of blocks. The block size of the auctioned capacity entitlement is 25 MW. The affiliated PGC shall divide the amount determined for each product referenced in subsection (e)(1) of this section by 25 to determine the number of blocks of each type to be auctioned. (B) Divisibility. If the amount to be auctioned for an affiliated PGC for a particular product is not evenly divisible by 25, any remainder shall be added to the product most highly valued in the immediately preceding auction for products of the same duration and shall increase by one the number of entitlements of that product. (C) Total amount. The sum of the blocks of capacity auctioned shall total no less than 15% of the affiliated PGC's Texas jurisdictional installed generation capacity. (5) Bidders. For each auction, potential bidders shall pre-qualify by demonstrating compliance with the credit requirements in subsection (e)(7) of this section in advance of submission of a bid. (6) Bidding procedures. For purposes of this section, the term \"set of entitlements\" shall refer to all of a seller's products of the same type and period. For example, a quantity of baseload products sold as a one-year strip for 2002 would be a set of baseload-annual 2002 entitlements, while a quantity of baseload products sold as the discrete month of July 2002 would be a set of baseload-July 2002 entitlements. (A) Method of auction for affiliated PGCs within ERCOT. Each auction shall be a simultaneous, multiple round, auction that includes procedures that allow switching by bidders between affiliated PGCs and product types. (i) Auction duration. Once a product auction commences it will continue through each business day until that auction concludes. (ii) Round duration. Each auction's first round will begin promptly at 8:00 a.m. and each round will last for 30 minutes with 30 minutes between rounds. For example, the first round of bidding will start at 8:00 a.m. and end at 8:30 a.m., the second round will start at 9:00 a.m. and end at 9:30 a.m., etc. No round may start later than 4:00 p.m. All times are in central prevailing time. (iii) Credit calculation. An entitlement bidder's credit limit shall be adjusted during the auction based on the value of the entitlements bid upon, and will be determined by using an assumed fuel price stated by the entitlement seller, and the capacity price for the lesser of three months or the duration of the entitlement plus the amount that would be paid to exercise the entitlement for the lesser of three months or the duration of the entitlement at the assumed dispatch for each product as follows: Attached Graphic(B) Mechanism for auction for affiliated PGCs within ERCOT. Each affiliated PGC shall conduct the auction over the Internet on a secure web page and shall assign a password and bidder's number to each entity that has satisfied the credit requirements in this section. (C) Method of auction for affiliated PGCs in non-ERCOT areas. Each auction shall be a simultaneous, multiple round, open bid auction. (i) First round. For the first round of the auction, the affiliated PGC will post the opening bid price determined in accordance with paragraph (7) of this subsection for each set of entitlements available for purchase at the auction. Each bidder will specify the number of entitlements it wishes to purchase of each set of entitlements at the opening bid price(s). If the total demand for a set of entitlements is less than the available quantity of the set of entitlements, the price for each of the entitlements in the set will be the opening bid price and each bidder in the round will receive all of the entitlements in the set they demanded. Any remaining entitlements of the set will be held for future auction as noticed by the affiliated PGC in accordance with its notice given pursuant to paragraph (7) of this subsection. (ii) Subsequent rounds. If the total demand for a set of entitlements in any round is more than or equal to the available quantity, the affiliated PGC will adjust the price upward within the range for each specific product type as noticed according to paragraph (2)(B)(ii)(I) of this subsection. Bidders shall then submit bids for the quantities they wish to purchase of each set of entitlements at the new price. Subsequent rounds shall continue until demand is less than supply for each set of entitlements. The auction then closes and the market clearing price for each set of entitlements is set at the last price for which demand equaled or exceeded supply. Bidders shall then be awarded the entitlements they demanded in the final round, plus a pro-rata share of any entitlements they demanded in the next to last round as described in clause (iii) of this paragraph. (iii) Pro-rata entitlement allocation. The pro-rata allocation of entitlements will be implemented by determining a bid differential between the next-to-last round bid and the number of awarded entitlements based on the last round and awarding the remaining entitlement to the bidder with the largest differential. The awarded entitlement will then be subtracted from that bidder's differential and the process will iterate until all entitlements have been awarded. In the event that the differential between two or more bidders is the same, the tie will be broken based on the timestamp of each bidder's last bid submitted in the next-to-last round. For example, 14 baseload one-year strip entitlements are available and bidders A, B, C, and D are bidding. In the last round, demand was only 11 entitlements and bidder D did not bid. Attached GraphicAttached GraphicAttached GraphicAttached Graphic(iv) Auction duration. Once a product auction commences it will continue through each business day until that auction concludes. (v) Round duration. Each auction's first round will begin promptly at 8:00 a.m. and each round will last for 30 minutes with 30 minutes between rounds. For example, the first round of bidding will start at 8:00 a.m. and end at 8:30 a.m., the second round will start at 9:00 a.m. and end at 9:30 a.m., etc. No round may start later than 4:00 p.m. All times are in central prevailing time. (vi) Credit calculation. An entitlement holder's credit limit shall be adjusted during the auction based on the value of the entitlements awarded to the holder, which will be determined by using an assumed fuel price stated by the entitlement seller, and the capacity price for the lesser of three months or the duration of the entitlement plus the amount that would be paid to exercise the entitlement for the lesser of three months or the duration of the entitlement at the assumed dispatch for each product as follows: Attached Graphic(D) Activity rules for affiliated PGCs in non-ERCOT areas. (i) A bidder must bid in the first round for a particular entitlement to participate in subsequent rounds. (ii) A bidder may not bid a greater quantity than it bid in a previous round for a particular entitlement. (E) Mechanism for auction for affiliated PGCs in non-ERCOT areas. Each affiliated PGC shall conduct the auction over the Internet on a secure web page and shall assign a password and bidder's number to each entity that has satisfied the credit requirements in this section. (7) Establishment of opening bid price. (A) If an affiliated PGC intends to change the minimum opening bid prices that would otherwise be applicable under subparagraph (B) of this paragraph, it shall file with the commission, not less than 90 days before the auction start date on which the change is proposed to be applicable, a methodology for determining an opening bid price for each type of entitlement, if needed, based on the affiliated PGC's expected variable cost of operation, but excluding any return on equity. The opening price may not include any cost included in the fuel price to be paid by entitlement holders, nor any cost being recovered by its affiliated transmission and distribution utility through non-bypassable delivery charges, but may recover variable costs not included in the fuel prices, such as fuel service costs and start up fees. Parties shall have 30 days after filing to challenge the methodology. If no challenges are received, the affiliated PGC's proposed methodology shall be deemed appropriate. If any party objects to the affiliated PGC's proposed methodology, then the commission shall determine the appropriate methodology. (B) Minimum opening bids for entitlements shall be the same as the minimum opening bids used in the most recent auction that included those entitlements, except that sellers with plants that have been affected by congestion zone changes since the most recent auction may use minimum opening bids that are different than the minimum opening bids in the most recent auction, provided that the seller maintains the same weighted- average, by MW, of the most recent auction's minimum bids, for all of its plants of the same product type in all congestion zones, to compute the new minimum opening bids for each product type. Nothing in this subparagraph shall prevent the commission from ordering a different methodology for a seller, if the seller proves that good cause exists for the change. (C) In the notice provided pursuant to paragraph (2)(B)(i) of this subsection, the affiliated PGC may make available an opening bid price calculated pursuant to the commission-approved methodology for each type of entitlement to be offered for sale at auction. The affiliated PGC shall not be obligated to accept any bid for a product less than the opening bid price, but shall notify the commission that the opening bid price was not met. The affiliated PGC shall be deemed to have met the 15% requirement if it offered products in a product category (for example, gas-intermediate) and successfully sold, at least, all of the entitlements offered in one particular month, in that product category. If there is an auction where there is no month in which all of the entitlements of a particular product are sold, then the affiliated PGC shall, in its notice pursuant to paragraph (2)(B)(i) of this subsection, make a proposal to the commission in order to comply with the 15% requirement. The affiliated PGC's proposal may include revisions to the product category, product price, or offer alternative products for auction. (8) Results of the auction. The results of the auction shall be simultaneously announced to all bidders by posting on the affiliated PGC's auction web site with posting of the market clearing price for each set of entitlements. (i) Resale of entitlement. (1) Compliance with provisions. An entitlement may be assigned, sold or transferred by the entitlement holder only by following the provisions of this section. Any purported assignment, sale, or transfer of an entitlement that does not follow the provisions of this section is void and ineffective against the affiliated PGC. (2) Eligible entities. An entitlement holder may assign, sell, or transfer an entitlement to any person or entity other than an affiliated REP, but the entitlement holder may dispatch the output of the entitlement to an affiliated REP. (3) Obligations. An entitlement that is assigned, sold, or transferred under this section remains subject to the provisions of the Agreement under which it originated, and the assignee of that entitlement succeeds to all of the rights and obligations of the assignor with respect to that entitlement. (4) Liability. Neither the assignor nor any previous entitlement holder that has remained liable for payments due to the affiliated PGC in connection with the entitlement as a result of a previous assignment, sale, or transfer is released from liability to the affiliated PGC for payments due in connection with the entitlement unless: (A) At least 14 days before the effective date of the assignment, sale, or transfer, assignee has provided security to the affiliated PGC that is equal to or greater than the security originally given to the affiliated PGC for the entitlement; and (B) At least ten days before the effective date of the assignment, sale, or transfer, the affiliated PGC has notified both assignor and assignee in writing that the security has been approved and accepted by the affiliated PGC. (5) Requests to approve security. The affiliated PGC shall respond to written requests to approve security to be offered by a prospective assignee within 14 days after receipt of that request. Approval shall not be unreasonably withheld. (6) Effective date. No assignment, transfer, or sale of the entitlement by a party is binding on the non-assigning party until the non-assigning party receives written notice of the assignment, sale, or transfer and a copy of the executed assignment, sale, or transfer document, and the assignment, sale, or transfer is not effective unless such notice is received at least three days before the beginning of the entitlement month. (j) True-up process. (1) Process. For 2002 and 2003, the affiliated PGC shall reconcile, and either credit or bill to the transmission and distribution utility, any difference between the price of power obtained through the capacity auctions under this section and the power cost projections that were employed for the same time period in the ECOM model to estimate stranded costs for the affiliated PGC in the PURA §39.201 proceeding. (2) PGCs without stranded costs. An affiliated PGC that does not have stranded costs described by PURA §39.254 is not required to comply with paragraph (1) of this subsection. (3) Any order by the commission that finally resolves an affiliated PGC's stranded costs, prior to true-up, supersedes this subsection. (k) True-up process for electric utilities with divestiture. If an affiliated PGC meets its capacity auction requirements through a divestiture as allowed by subsection (d) of this section, the proceeds of the divestiture shall be used for purposes of the true-up calculation. (l) Modification of auction procedures or products. Upon a finding by the commission that the auction procedures or products require modification to better value the products or to better suit the needs of the competitive market, the commission may, by order, modify the procedures or products detailed in this section. (m) Contract terms. (1) Standard agreement. Parties shall utilize the Agreement in the form prepared by the Edison Electric Institute (Version 2.1). The Cover Sheet to the Agreement shall provide for credit terms that are based upon objective credit standards determined by the commission. There may be different versions of the Agreement applicable to sales of capacity auction products in different regions in Texas. For example, ERCOT and the non-ERCOT areas may have different versions of the Agreement. (2) Applicability. The terms and conditions set forth in any Agreement apply only to the entitlements obtained in the capacity auctions under this section. (3) Electronic scheduling. The Agreement shall require that, if the affiliated PGC provides an electronic scheduling interface for the dispatch of entitlements, then the entitlement holder shall schedule the dispatch of its entitlements using that electronic interface. (4) Scheduling discrepancies. If an entitlement holder submits a non-conforming schedule to the affiliated PGC for an entitlement that violates any of the scheduling requirements for that capacity auction product type for a scheduled hour, then the schedule for that hour is deemed to be the same as the schedule for the hour most closely preceding that scheduled hour that was not a non- conforming schedule. The affiliated PGC shall promptly notify the entitlement holder of a non-conforming schedule. However, the requirements of this paragraph are subject to the default scheduling requirements for baseload and gas- intermediate products delineated in subsections (f)(3)(A)(iv)(V) and (f)(4)(A)(v) of this section for ERCOT areas, and subsections (g)(2)(E)(v) and (g)(3)(E)(v) of this section for non-ERCOT areas. (5) Alternative dispute resolution. Alternative dispute resolution shall be a condition precedent to any right of any legal action regarding a dispute arising under, or in connection with, the standard agreement adopted by the commission. The parties may mutually agree to dispute resolution procedures. If the parties are unable to agree upon such procedures within five days after such dispute arises, the parties shall use the alternative dispute resolution procedures contained in the ERCOT protocols. (6) Seller's failure to fulfill obligation. If an entitlement holder is assessed for imbalanced schedules, failure to procure ancillary services, or any other charges from ERCOT due to the failure of the affiliated PGC to fulfill the auctioned obligation, the affiliated PGC shall be responsible for these costs incurred by the entitlement holder.", "sourceNote": "Source Note: The provisions of this §25.381 adopted to be effective January 4, 2001, 25 TexReg 12961; amended to be effective August 1, 2002, 27 TexReg 5982; amended to be effective July 31, 2003, 28 TexReg 5873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=80867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "80867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.401", "label": "Share of Installed Generation Capacity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The provisions of this section apply to power generation companies.(b) Share of installed generation capacity. The percentage share of installed generation capacity for a power generation company will be determined by dividing the installed generation capacity owned and controlled by the power generation company in, or capable of delivering electricity to, a power region by the total installed generation capacity located in, or capable of delivering electricity to, the power region.(c) Capacity ratings. For purposes of this section, generating unit capacity ratings shall be consistent with §25.91(f) of this title (relating to Generating Capacity Reports). The commission may revise reported capacity ratings if they are found to be incorrect.(d) Installed generation capacity of a power generation company.(1) In determining the percentage shares of installed generation capacity under the PURA §39.154, the commission shall combine capacity owned and controlled by a power generation company and any entity that is affiliated with that power generation company within the power region, reduced by the installed generation capacity of those facilities that are made subject to capacity auctions under PURA §39.153(a) and (d).(2) In determining the percentage shares of installed generation capacity, the commission shall increase the installed generation capacity owned and controlled by a power generation company by the transmission import capability that is available for importing electricity during the summer peak season into the power region from generating facilities that are owned by the power generation company or an affiliate in another power region.(3) In determining the percentage shares of installed generation capacity owned and controlled by a power generation company under PURA §39.154 and §39.156, the commission shall, for purposes of calculating the numerator, reduce the installed generation capacity owned and controlled by that power generation company by the installed generation capacity of any \"grandfathered facility\" within an ozone nonattainment area as of September 1, 1999, for which that power generation company has commenced complying or made a binding commitment to comply with PURA §39.264. This paragraph applies only to a power generation company that is affiliated with an electric utility that owned and controlled more than 27% of the installed generation capacity in the power region on January 1, 1999. The commission will consider a permit application to the Texas Natural Resource Conservation Commission (TNRCC) to be adequate evidence that the power generation company has commenced complying or made a binding commitment to comply with PURA §39.264. However, the commission will review the progress that has been made on achieving an approved an TNRCC permit, when it reviews and updates market share percentages, and if adequate progress has not been made, the commission may choose to include the grandfathered capacity in the numerator.(e) Total installed generation. The total installed generation will consist of the installed generation capacity that is located in, or capable of delivering electricity to, a power region.(1) Installed generation capacity will include all potentially marketable electric generation capacity. Except as provided in paragraph (2) of this subsection, installed generation capacity will include:(A) generating facilities that are connected with a transmission or distribution system;(B) generating facilities used to generate electricity for consumption by the person owning or controlling the facility;(C) generating facilities that will be connected with a transmission or distribution system and operating within 12 months; and(D) generating facilities that are located on the boundary between two power regions and are able to deliver electricity directly into either power region, except that the capacity of such facility shall be allocated between the power regions based on the share of its total electric energy that the facility sold in each power region during the preceding year.(2) Installed generation capacity will not include generating facilities that have a nameplate rating equal to or less than 1 megawatt (MW).(3) The amount of installed generation capacity that is capable of delivering electricity to a power region will be determined by:(A) the import transmission capacity during the summer peak period of the alternating current transmission interconnections between the power region at issue and other power regions; and(B) the import capacity during the summer peak period of the reliable direct current interconnections between the power region at issue and other power regions.", "sourceNote": "Source Note: The provisions of this §25.401 adopted to be effective August 31, 2000, 25 TexReg 8377." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.421", "label": "Transition to Competition for a Certain Area Outside the Electric Reliability Council of Texas Region" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "126374", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to address the process and the sequence of events for the introduction of retail competition in the portions of Texas served by El Paso Electric Company (EPE).(b) Application. This section shall apply to an electric utility that is subject to Public Utility Regulatory Act (PURA) §39.102(c), namely EPE.(c) Readiness for retail competition. The commission determines that the power region in which EPE is located will be unable to offer fair competition and reliable service to all retail customer classes in Texas upon the expiration of its system-wide rate freeze period in August 2005. Therefore, pursuant to PURA §39.103, the introduction of retail competition for the portions of the power region in Texas is delayed until this region can offer fair competition and reliable service to all retail customer classes.(d) Cost-of-service regulation. Until the date on which EPE is authorized by the commission to implement retail competition pursuant to this section, its rates are subject to regulation under Chapter 36 of PURA.(e) Transition to competition. The sequence of events set forth in paragraphs (1) through (5) of this subsection shall be followed to introduce retail competition in EPE's service territory. All the listed items in each stage must be completed before the next stage is initiated. Unless stated otherwise in the rule, each of the activities will be conducted by the commission in conjunction with EPE and other interested parties. Full retail competition will not begin in EPE's service territory until completion of the fifth stage.(1) The first stage consists of the following activities:(A) Develop and obtain approval of a regional transmission organization for the EPE region by the Federal Energy Regulatory Commission and commence independent operation of the transmission network under the approved regional transmission organization.(B) Develop retail market protocols to facilitate retail competition.(C) Complete an expedited proceeding to develop non-bypassable delivery rates for the customer choice pilot project to be implemented under paragraph (2)(A) of this subsection.(2) The second stage consists of the following activities:(A) Initiate the customer choice pilot project pursuant to PURA §39.104 and §25.431 of this title (relating to Retail Competition Pilot Projects).(B) Develop a balancing energy market, market for ancillary services, and market-based congestion management system for the wholesale market in the region in which the regional transmission organization operates.(C) Implement a seams agreement with adjacent power regions to reduce barriers to entry and facilitate competition.(3) The third stage consists of the following activities:(A) EPE shall:(i) Prepare and file with the commission an application for business separation pursuant to PURA §39.051 and §25.342 of this title (relating to Electric Business Separation);(ii) Prepare and file with the commission an application for unbundled transmission and distribution rates pursuant to PURA §39.201 and §25.344 of this title (relating to Cost Separation Proceedings);(iii) Prepare and file with the commission an application for certification of a qualified power region pursuant to PURA §39.152; and(iv) Prepare and file with the commission an application for price-to-beat rates pursuant to PURA §39.202 and §25.41 of this title (relating to Price to Beat).(B) The activities to be completed by the commission in the third stage are to:(i) Approve a business separation plan;(ii) Set unbundled transmission and distribution rates;(iii) Certify a qualified power region, which includes conducting a formal evaluation of wholesale market power in the region, pursuant to PURA §39.152;(iv) Set price-to-beat rates for EPE; and(v) Determine which competitive energy services must be separated from regulated utility activities pursuant to PURA §39.051 and §25.343 of this title (relating to Competitive Energy Services).(C) The activity to be completed by the regional transmission organization, the statewide registration agent and market participants in the third stage is testing of retail and wholesale systems, including those systems necessary for switching customers to the retail electric provider of their choice and for settlement of wholesale market transactions.(4) The fourth stage consists of the following activities:(A) The commission shall evaluate the results of the pilot project pursuant to §25.431 of this title.(B) EPE shall initiate capacity auctions pursuant to PURA §39.153 and §25.381 of this title (relating to Capacity Auctions) at a time to be determined by the commission.(C) EPE shall separate competitive energy services from its regulated utility activities, in accordance with the commission order approving the separation of competitive energy services.(5) The fifth stage consists of the commission evaluating whether the power region can offer fair competition and reliable service to all retail customer classes. If the commission concludes that the power region can offer fair competition and reliable service to all retail customer classes, it shall issue an order initiating retail competition and directing EPE to complete the business separation and unbundling.(f) Applicability of energy efficiency and renewable energy requirements. Beginning January 1, 2006, EPE shall be subject to the energy efficiency requirements under PURA §39.905 and §25.181 of this title (relating to Energy Efficiency Goal) and the renewable energy credit requirements under PURA §39.904 and §25.173 of this title (relating to Goal for Renewable Energy).(1) EPE shall begin administering the energy efficiency programs prescribed in §25.181 of this title by January 1, 2006. EPE shall meet, at a minimum, 5.0% of its growth in demand through energy efficiency savings resulting from these programs by January 1, 2007 and 10% of its growth in demand by January 1, 2008, and each year thereafter.(2) EPE shall obtain, at a minimum, renewable energy credits in an amount sufficient to meet the requirements for the compliance period beginning January 1, 2006, and for each compliance period thereafter.(g) Applicability of other rules. This section governs the implementation of PURA Chapter 39 requirements as applied to EPE. If there is an inconsistency or conflict between this section and other rules in this Chapter (relating to Substantive Rules Applicable to Electric Service Providers), the provisions of this section shall control.(h) Good cause. Upon a finding of good cause, as determined by the commission, the sequence for retail competition set forth in subsection (e) of this section may be modified by commission order.", "sourceNote": "Source Note: The provisions of this §25.421 adopted to be effective November 7, 2004, 29 TexReg 10099." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "126374", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "UNBUNDLING AND MARKET POWER" }, "rule": { "number": "§25.422", "label": "Transition to Competition for Certain Areas within the Southwest Power Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190916", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to address the process and the sequence of events for the introduction of retail competition in the Southwestern Electric Power Company service area in Texas (SWEPCO) and in the Southwest Power Pool portion of the AEP Texas North Company service area in Texas (Texas North-SPP).(b) Application. This section shall apply to SWEPCO and Texas North-SPP (collectively referred to as \"the utilities\"). In the event that the customers, facilities, and the service area of Texas North-SPP are transferred to SWEPCO, the requirements of this section shall apply to the combined company.(c) Readiness for retail competition. The commission determines that the power region in which SWEPCO and Texas North-SPP are located will be unable to offer fair competition and reliable service to all retail customer classes in Texas until January 1, 2011, at the earliest. Therefore, pursuant to Public Utility Regulatory Act (PURA) §39.103, the introduction of full retail competition for these portions of the power region in Texas shall be further delayed until this region can offer fair competition and reliable service to all retail customer classes, subject to the terms and conditions established in this section.(d) Cost-of-service regulation. Until the date authorized by the commission for the implementation of full retail competition in SWEPCO and Texas North-SPP pursuant to this section, the rates of the utilities are subject to regulation under PURA Chapter 36. Until full retail competition begins, the utilities shall file Annual Earnings Reports as required by §25.73 of this title (relating to Financial and Operations Reports) in lieu of the Annual Report required by PURA §39.257.(e) Transition to competition. Full retail competition shall not be introduced in the utilities' service areas before January 1, 2011. In addition, the introduction of retail competition in the utilities' service areas shall be conditioned on successful fulfillment of the sequence of events and activities set forth in paragraphs (1) - (5) of this subsection. All the listed items in each stage must be completed before the next stage is initiated. Unless stated otherwise in this section, each of the activities will be conducted by the commission in conjunction with SWEPCO and Texas North-SPP and other interested parties. Full retail competition will not begin in SWEPCO and Texas North-SPP until completion of the fourth stage.(1) Completed Activities. The stages outlined below assume that the following activities have been completed, by SWEPCO and Texas North-SPP:(A) The initiation of a pilot program, including the establishment of rates for the pilot program.(B) The filing of a business separation plan and unbundled cost of service.(C) The separation of competitive energy services.(D) Approval by the Federal Energy Regulatory Commission (FERC) of a regional transmission organization for the power region containing the utilities' service areas and the commencement of independent operation of the transmission network that ensures non-discriminatory access, by the approved regional transmission organization.(2) Stage one. The first stage consists of the following activities:(A) The utilities will continue the operation of the pilot projects to a point that competitive retail electric providers are providing service to a reasonable number of customers for all major customer classes in the pilot program offered in the utilities' service areas;(B) The utilities will file a plan for the development of retail market protocols to facilitate retail competition;(C) The utilities will file a plan for the development of a balancing energy market, market for ancillary services, and market-based congestion management system for the wholesale market in the region in which the regional transmission organization operates; and(D) A seams agreement will be implemented with adjacent power regions to reduce barriers to entry and facilitate competition.(3) Stage two. The second stage consists of the following activities:(A) The utilities shall file a transition to competition plan identifying how they intend to achieve full customer choice, including:(i) certification of a qualified power region under PURA §39.152;(ii) auctioning rights to generating capacity;(iii) the establishment of a price to beat for eligible residential and commercial customers, including all necessary information for the derivation of the price to beat;(iv) the retail market protocols that will be applicable in the utilities' service areas;(v) a plan, developed with the regional transmission organization, the statewide registration agent, and market participants, for testing retail and wholesale systems, including those systems necessary for switching customers to the retail electric provider of their choice and for settlement of wholesale market transactions;(vi) any necessary amendments to the previously filed business separation plan; and(vii) an unbundled cost of service rate filing package.(B) The activities to be completed by the commission in the second stage are to:(i) Approve, modify, or reject the transition to competition plan within 180 days after the date of filing unless a hearing is requested. If a hearing is requested, the 180-day deadline shall be extended one day for each day of hearing;(ii) Approve a business separation plan or amendments to the business separation plan;(iii) Set unbundled transmission and distribution rates;(iv) Certify a qualified power region for an area that includes the utilities, pursuant to PURA §39.152; and(v) Set price-to-beat rates for the utilities' service areas.(4) Stage three. The third stage consists of the following activities:(A) The commission shall evaluate the results of the pilot projects pursuant to §25.431 of this title (relating to Retail Competition Pilot Projects), including whether the pilot project has progressed to a point that competitive retail electric providers are providing service to a reasonable number of customers for all major customer classes in the pilot programs offered in the utilities' service areas and whether the retail and wholesale systems have been tested and are performing adequately.(B) The utilities shall initiate capacity auctions pursuant to PURA §39.153 and §25.381 of this title (relating to Capacity Auctions) at a time to be determined by the commission, and consistent with the transition to competition plan.(5) Stage four. The fourth stage consists of the following activities:(A) The utilities shall file a request for approval to commence competition, consistent with the procedures and standards developed in the previous stages. This filing should be made at least 180 days before the anticipated date of the commencement of competition.(B) The commission shall evaluate whether the power region can offer fair competition and reliable service to all retail customer classes, and whether there are any outstanding items in the competition plan that must be completed prior to the commencement of full competition. If the commission concludes that the power region can offer fair competition and reliable service to all retail customer classes, it shall issue an order initiating retail competition consistent with the approved transition to competition plan.(f) Annual Report. If full retail competition has not been implemented by January 1, 2011, the utilities shall file a report with the commission by January 31, 2011, identifying the items required by this section that have not yet been completed and an estimate of when completion of each item is anticipated. The utilities shall make a similar filing each year on January 31 until full retail competition in their service areas is authorized by the commission or the commission rules that no further reports are necessary.(g) Pilot Project Continuation. Notwithstanding the provisions of subsection (e) of this section, the pilot projects in the utilities' service areas shall continue. However, so long as the utilities can effectively administer customer registrations and convey information relating to a customer's choice of retail electric provider and meter information to persons who need such information, they may continue to perform these functions, subject to the codes of conduct.(h) Protection of Contractual Rights. The transition to competition plan in the utilities' service areas shall not adversely affect the rights or obligations of an electric cooperative under a wholesale generation or transmission agreement.(i) Energy efficiency and renewable energy requirements. Effective January 1, 2007, SWEPCO and Texas North-SPP shall:(1) Be subject to requirements of PURA §39.905 and §25.181 of this title (relating to Energy Efficiency Goal) and shall continue to participate in the required energy efficiency programs.(2) Be subject to the requirements of PURA §39.904 and §25.173 of this title (relating to Goal for Renewable Energy) and shall continue to participate in the renewable energy credits program.(j) Applicability of other sections. This section governs the implementation of PURA Chapter 39 requirements as applied to SWEPCO and Texas North-SPP. If there is an inconsistency or conflict between this section and other sections in this Chapter (relating to Substantive Rules Applicable to Electric Service Providers), the provisions of this section shall control.(k) Good cause. Upon a finding of good cause, as determined by the commission, the sequence for retail competition set forth in subsection (e) of this section may be modified by commission order.", "sourceNote": "Source Note: The provisions of this §25.422 adopted to be effective September 18, 2006, 31 TexReg 7983." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190916", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "PILOT PROJECTS" }, "rule": { "number": "§25.431", "label": "Retail Competition Pilot Projects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the parameters under which an electric utility shall offer customer choice for 5.0% of the load in its Texas service area beginning on June 1, 2001, through the implementation of retail competition pilot projects. The commission may use these pilot projects to evaluate the ability of each power region to implement full customer choice on January 1, 2002, including the operational readiness of support systems. The pilot projects conducted under this section also will serve to encourage participation in a competitive retail market and to inform customers about customer choice.(b) Application.(1) This section applies to an electric utility as defined in the Public Utility Regulatory Act (PURA) §31.002(6). An electric utility exempt from PURA Chapter 39 in accordance with PURA §39.102(c) may conduct a customer choice pilot project consistent with the requirements of this section upon expiration of its exemption. A pilot project commencing before the adoption of this section may fulfill portions of the requirements of this section, as determined by the commission.(2) Other entities, including retail electric providers (REPs) certified by the commission, and aggregators, power generation companies, and power marketers registered with the commission may participate in the pilot projects under the terms and conditions established by this section.(c) Intent of pilot projects. Pilot projects conducted under this section are intended to implement customer choice for all applicable customers in the same manner in which full customer choice will be offered starting January 1, 2002, to the extent practicable. Unless determined otherwise through a subsequent commission proceeding, or unless stated otherwise in this section, all pilot project participants who are not retail customers shall abide by all applicable commission rules, including but not limited to, rules relating to customer protection and transmission and distribution terms and conditions, and all rules of an independent organization as defined in PURA §39.151.(1) Utility's obligation to serve. A utility shall continue to provide electric service in accordance with PURA and the commission's substantive rules to requesting customers in its certificated service area who do not wish to take service from a REP.(2) Indemnification. Market participants, including utilities, shall be held harmless for any damages resulting from any non-willful system or process failures during the pilot project.(3) Performance standards.(A) Call center performance may be compromised by potential large increases of customer inquiries generated because of the customer education program and pilot project activities. For the period February 1, 2001 through December 31, 2001, as applicable to each utility,(i) a reduction of five percentage points will be applied to the percentage of calls to be answered in the allowable time; or(ii) 5.0% of the calls with the longest wait time will be subtracted from the calculation of average answer time.(B) An affected utility shall track and report such performance during the pilot project in accordance with applicable commission rules and orders. An affected utility does not waive any rights to request an adjustment or waiver of performance standards directly affected by the customer education program or pilot project.(4) Effect of pre-existing service agreements or contracts.(A) To the extent a customer is otherwise eligible to participate in a pilot project in accordance with this section, a utility shall not challenge a customer's right to participate:(i) based upon a claimed failure to provide notice of cancellation in accordance with the requirements of an existing service agreement, contract, or tariff; or(ii) in the event that the customer's service agreement or contract is beyond its primary term.(B) To the extent a customer is otherwise eligible to participate in a pilot project in accordance with this section, customers in the primary term of a service agreement or contract shall have the right to participate in the pilot project subject to a challenge by the utility based upon a service agreement or contractual issue other than failure to provide notice of cancellation in compliance with an existing service agreement, contract, or tariff. The procedure for any such challenge shall be as follows:(i) A utility contending that a customer that has been otherwise selected to participate in the pilot project is not eligible to participate, because of an existing service agreement or contract in its primary term, shall inform the customer not later than seven days after the date scheduled for the lottery for the applicable class in the event the class is oversubscribed or the date the customer requests participation in the event the class is undersubscribed.(ii) If the customer wishes to dispute the utility's contention, the customer must, within seven days of receipt of the utility's notification, so inform the utility. Pending resolution of the dispute, the utility shall reserve a place for that customer on the participant list.(iii) The customer shall be entitled to participate in the pilot project unless the utility informs the commission of the pilot project eligibility dispute within seven days of receipt of the customer's notification to the utility disputing the claim of ineligibility. Upon receipt by the commission of timely notice of the dispute, the commission will resolve the dispute within 30 days after filing, and may do so administratively.(iv) If the commission determines that the customer is eligible to participate, the customer will be included within the pilot project as soon as practicable after the decision.(5) Right to withdraw from pilot project. For any reason, and at a customer's request, the REP and the incumbent utility shall restore a residential customer's account to pre-pilot project services and rates. In the event a customer's REP ceases to do business in Texas during the pilot project, the incumbent utility shall restore any customer's account to pre-pilot project services and rates at the customer's request.(6) Application of renewable energy rule. To encourage access to energy generated from renewable resources by customers participating in the pilot projects, the renewable energy mandate provisions of §25.173 of this title (relating to Goal for Renewable Energy) will be extended on a voluntary basis during the pilot projects to the competitive portion of the market, with the following changes:(A) Each REP may acquire and retire renewable energy credits (RECs) consistent with its share of retail kilowatt-hour sales during the pilot period (June 1, 2001 through December 31, 2001), at a rate consistent with REC obligations for the year 2002, and in the manner specified in §25.173(h) of this title;(B) Each REC retired for the pilot period will reduce the REC obligations of the REP for the year 2002 compliance period;(C) The voluntary settlement period for the pilot project renewable energy program will commence January 1, 2002 and end March 31, 2002; and(D) Penalty provisions of §25.173(o) of this title are not applicable.(7) End of pilot projects. The pilot projects will end on December 31, 2001, unless determined otherwise by the commission in accordance with subsection (j) of this section. For an electric utility exempt from PURA Chapter 39 in accordance with PURA §39.102(c), the pilot project, if undertaken, will begin and end on dates deemed reasonable by the commission. A customer will remain with the REP by which he or she was served on the last day of the pilot project until the customer or the REP elects otherwise. By participating in the pilot project, a customer does not waive any right to take service under the price to beat in accordance with PURA §39.202.(d) Definitions. The following terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:(1) Aggregation--includes the purchase of electricity from a retail electric provider, a municipally owned utility, or an electric cooperative by an electricity customer for its own use in multiple locations or as part of a voluntary association of electricity customers. An electricity customer may not avoid any non-bypassable charges or fees as a result of aggregating its load.(2) Customer class--a grouping of customers, specific to the pilot projects, for the purpose of allocating loads available for customer choice during the pilot projects. The five customer classes used in the pilot projects are:(A) Residential--all customers identified by an electric service identifier (ESI) who purchase electricity under a utility's residential rate schedule.(B) Non-residential, non-demand metered--all customers identified by an ESI who:(i) do not purchase electricity under a utility's residential rate schedule; and(ii) do not purchase electricity under a utility's municipal or school rate schedule; and(iii) do not purchase electricity under a utility's rate schedule that is based on metered or estimated demand during the twelve month period ending December 31, 2000.(C) Industrial demand-metered--all customers identified by an ESI who:(i) do not purchase electricity under a utility's residential rate schedule; and(ii) purchase electricity under a utility's rate schedule that is based on a metered demand; and(iii) purchase electricity under a utility's industrial rate schedules (or are identified as industrial by the utility's rate code if the utility does not have industrial rate schedules) or have filed a manufacturing or processing tax exemption certificate with the utility.(D) Commercial and all other demand-metered--all customers identified by an ESI who:(i) do not purchase electricity under a utility's residential rate schedule; and(ii) do not come within the definition of the industrial demand metered customer class; and(iii) purchase electricity under a utility's rate schedule that is based on a metered demand.(E) Other--The other customer class is composed of all customers identified by an ESI who:(i) purchase electricity under a utility's rate schedule that is based on known usage patterns, not actual metered data (i.e., unmetered loads); or(ii) purchase electricity under a utility's municipal or school rate schedules; or(iii) purchase electricity under utility rate schedules applicable to seasonal agricultural use, such as cotton gins, irrigation, or grain elevators.(3) Electric service identifier (ESI)--premise-based identifier assigned to each electric service delivery point between a transmission and distribution utility and an end-use load, which is used in the Texas customer registration system and the Electric Reliability Council of Texas (ERCOT) settlement system.(4) Lottery--fair process in which ESIs or aggregator packets of ESIs are selected for participation in a pilot project by using standard statistical methods for simple random sampling; each ESI or aggregator packet of ESIs should have an equal chance of actually being selected.(5) Participation--occurs when the customer takes service from a retail electric provider that is not the incumbent, integrated utility.(e) Requirements for participants that are not retail customers.(1) A REP must be certified by the commission pursuant to §25.107 of this title (relating to Certification of Retail Electric Providers) prior to participating in pilot projects established pursuant to this section. An affiliated REP shall not participate in the certificated service area of the electric utility with which it is affiliated.(2) An aggregator, other than a self-aggregator, must be registered with the commission pursuant to §25.111 of this title (relating to Registration of Aggregators) prior to participating in pilot projects established pursuant to this section.(3) A power generation company must be registered with the commission pursuant to §25.109 of this title (relating to Registration of Power Generation Companies) prior to participating in pilot projects established pursuant to this section. A utility need not be registered as a power generation company in order to generate power for sale during the pilot projects.(4) A power marketer must be registered with the commission pursuant to §25.105 of this title (relating to Registration and Reporting by Power Marketers) prior to participating in pilot projects established pursuant to this section.(5) An independent transmission organization outside of ERCOT may require a market participant to register with that organization in order to become a wholesale buyer and seller of energy across the transmission system.(f) Customer education. Customer education for the pilot projects shall be conducted as part of the statewide customer education campaign for introducing customer choice. Included in this campaign will be announcements regarding the opportunity to participate in the pilot project and instructions on obtaining further information about the pilot project. The commission shall mail information written in English and in Spanish explaining the pilot project to eligible non-residential customers no later than March 1, 2001, and to eligible residential customers no later than April 15, 2001. The utility shall provide the commission or its designee with customer information necessary to implement this subsection. For purposes of this subsection, §25.272(g)(1) of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates) does not apply with regard to proprietary customer information released to the commission or its designee. The mailing may contain information including, but not limited to:(1) a description of the pilot project;(2) the commission's central call center phone number and Internet website operating to respond to customer questions and requests for information;(3) a list of REPs certified as of a date certain, including the telephone number and, if available, Internet website address for each REP, and a statement disclosing that the REP list is continually updated and how the customer can obtain an updated list; and(4) a clear, plain language description of customer choice and the price to beat.(g) Customer choice during pilot projects. The following procedures shall be used for customers to participate in the pilot projects within the designated time periods for each applicable customer class.(1) Administration. For all customer classes, a REP shall submit requests to switch customers participating in the pilot projects to the registration agent beginning on May 31, 2001, and power delivery in conjunction with the pilot projects may begin on June 1, 2001. For purposes of this section, any electronic submission to the utility shall be executed using a standard electronic data interface (EDI) protocol (814) to be included in the utility's compliance filing.(A) Except where explicitly stated otherwise in this section, a REP shall electronically submit switch requests to the utility for counting and validation purposes prior to submitting such requests to the registration agent. The utility shall maintain a weekly updated list of non-matching, rejected ESIs on its pilot project Internet website.(B) Except for the industrial demand-metered class, there shall be no out-of-cycle meter reading requests submitted for purposes of the pilot project before July 1, 2001.(C) Members of the non-residential customer classes may elect to waive the verification and recision process of the registration agent.(D) A participating customer shall have the right to change from one REP to another REP in accordance with the switching procedures adopted by the commission.(E) Beginning April 16, 2001, a REP shall electronically report to the utility any switch request for a customer or an aggregation packet with a listing of the ESIs to be switched to the REP as set forth in this paragraph. After the utility confirms that a non-residential ESI or aggregation packet is on the associated participant list, the utility shall submit the ESI to the registration agent. The registration agent shall keep a record of all the ESIs identified by the utility for participation in the pilot. The REP shall be responsible for submitting to the registration agent the ESIs associated with the switch request to serve. If the ESI identified by the REP matches an ESI identified by the utility, then the registration agent shall allow the registration process to continue.(F) Because the utility is assigned the responsibility to administer the pilot project, except for complaints arising under §25.272 of this title, which may be made in accordance with procedures established under that section, a claim by any party of unreasonableness associated with the administration of the pilot project will first be addressed by the pilot implementation working group established by subsection (j)(4) of this section. If the complaint is not resolved within ten working days of initial notification to the pilot implementation working group, the complaint may be filed with the commission.(2) Residential customer class.(A) Determination of the 5.0% load available for customer choice. For residential customers, the load available for customer choice shall be determined by calculating 5.0% of the number of ESIs in this customer class as of December 31, 2000. No later than January 31, 2001, the utility shall determine the amount of load available for this customer class and shall make that information publicly available through its pilot project Internet website. For this customer class, 20% of the 5.0% load available for customer choice shall be initially set aside for each customer class (hereafter referred to as the 1.0% set-aside) for aggregated loads.(B) Initiating switching. Beginning February 15, 2001, a REP may accept authorizations to switch providers from residential customers. A REP shall notify the utility of such authorizations for residential customers.(C) Reaching the 5.0% load limit. For purposes of this subparagraph the total number of ESIs eligible to switch determined in subparagraph (A) of this paragraph, less the number of ESIs that have already authorized a switch, shall be referred to as the amount of available load.(i) As each customer in this class authorizes a switch to another provider, the amount of available load shall be decremented by one.(ii) When the amount of available load reaches zero, no more switch authorizations shall be accepted.(3) Non-residential customer classes.(A) Determination of the 5.0% load available for customer choice. No later than January 31, 2001, the utility shall make the results of the following calculations for each non-residential customer class publicly available through its pilot project Internet website. For each non-residential customer class, 20% of the 5.0% load available for customer choice shall be initially set aside for each customer class (hereafter referred to as the 1.0% set-aside) for aggregated loads.(i) Non-residential, non-demand metered customers. For non-residential, non-demand metered customers, the load available for customer choice shall be determined by calculating 5.0% of the number of ESIs in that customer class as of December 31, 2000.(ii) Industrial demand-metered customers; commercial and all other demand-metered customers. For each of the demand metered customer classes, the load available for customer choice shall be determined by calculating 5.0% of the sum of the kilowatts invoiced by the utility to all ESIs in each customer class for meter reading dates during the utility's peak demand month in the year 2000. In addition, the utility shall determine the individual ESI load caps for each demand metered customer class by calculating 20% of the load available for the pilot project in each demand-metered customer class.(iii) Other customers as defined in subsection (d)(2)(E) of this section. For all other customers, the load available for customer choice shall be determined by calculating 5.0% of the sum of the kilowatt-hours for which all ESIs in this customer class were invoiced by the utility during the twelve month period ending December 31, 2000. In addition, the utility shall determine the individual ESI load caps for this customer class by calculating 20% of the kilowatt-hours available for the pilot project in this customer class.(B) Amount of available load. For purposes of this paragraph, the total load available for customer choice determined in subparagraph (A) of this paragraph, less the amount of the customer's ESI load used for calculation in subparagraph (A) of this paragraph, shall be referred to as the amount of available load for each non-residential customer class. For an ESI that was not included in the calculation in subparagraph (A) of this paragraph, hereinafter called a new ESI, the customer's ESI load shall be determined as follows:(i) For the non-residential, non-demand metered class, a new ESI shall count as one ESI against the total number of ESIs.(ii) For the demand-metered classes, the demand allocated to a new ESI shall be 95% of the utility-estimated demand for the new ESI.(iii) For the other class as defined in subsection (d)(2)(E) of this section, the energy allocated to a new ESI shall be 95% of the utility-estimated annual kilowatt-hours for the new ESI.(C) Open interest period. Beginning February 15, 2001, and continuing through March 15, 2001, interested customers may request the opportunity to participate in a utility's pilot project by submitting to the utility through its pilot project Internet website the account number and zip code information necessary to determine the customer's ESI. An eligible ESI is one that does not exceed the individual ESI load cap established in subparagraph (A) of this paragraph. By March 21, 2001, the utility shall determine if the non-residential customer classes are either oversubscribed or undersubscribed, including the amount of load oversubscribed or undersubscribed, and shall make such information publicly available through its pilot project Internet website.(i) Participant list. The utility shall create a list of customers eligible to participate in the pilot project, referred to as the participant list. The participant list shall include each ESI and related service address, the name in which the customer is billed, and customer class as defined in this section. No later than March 21, 2001, the utility shall make available its integrated voice response (IVR) system or its pilot project Internet website to allow a customer having an ESI in the lottery to determine whether its ESI has been selected for the participant list. The participant list for each customer class shall be provided to the commission no later than March 21, 2001.(ii) Oversubscription. On March 21, 2001, if a non-residential customer class is oversubscribed, the utility shall use a lottery to develop the participant list. As each ESI is selected through the lottery, the ESI's load used for the calculation in subparagraph (A) of this paragraph shall be subtracted from the total amount of load available for customer choice as determined in subparagraph (A) of this paragraph. The ESI that causes the 4.0% load limit (i.e., the 5.0% load limit less the 1.0% set-aside) to be reached shall be the final ESI selected through the lottery; the 4.0% limit may be exceeded only for the purpose of accommodating the entire load associated with the final ESI selected, except that such excess shall not cause the amount of load available for customer choice to be greater than 4.1%. Once the 4.0% load limit is reached, the selected ESIs shall be included on the participant list.(iii) Undersubscription. If a non-residential customer class is undersubscribed, all eligible ESIs submitted shall be included on the participant list. Beginning March 21, 2001, any unsubscribed load will be available for subscription by customers in that customer class on a first come, first served basis.(D) Negotiation period. Between March 21, 2001 and May 10, 2001, customers on the participant list may negotiate and contract with REPs. A REP shall notify the utility of execution of a contract. If a customer has not entered into a confirmed REP contract for a specific ESI by May 10, 2001, that ESI shall be removed from the participant list, and the load associated with that ESI shall be added to the amount of available load. On May 11, 2001, the utility shall post, on its pilot project Internet website, a list of submitted ESIs that do not match a customer on the participant list. REPs shall have until May 14, 2001 to correct any ESI listed by the utility on May 11, 2001. On May 17, 2001, the utility shall determine the amount of available load for each non-residential customer class and shall make such determination publicly available through its pilot project Internet website.(E) Monitoring and adjusting the amount of available load. Following the negotiation period, participation shall be allowed on a first come, first served basis.(i) As each non-residential customer in a class executes a contract, the amount of available load for that class shall be decremented by the amount of the customer's ESI load used for the calculation in subparagraph (A) of this paragraph.(ii) The ESI that causes the amount of available load to reach zero shall be the final ESI selected; the amount of available load may drop below zero only for the purpose of accommodating the entire load associated with the final ESI selected, subject to the limitations described in subparagraph (C)(ii) of this paragraph.(4) Aggregated load set-aside. Customers participating in customer choice may use aggregation to the extent they choose, and may participate by self aggregation or multiple customer aggregation. For purposes of pilot project administration, aggregators must submit to the utility their groupings of utility account numbers and associated zip codes, or ESIs if available, for participation in the pilot project subject to the 1.0% set-aside. Such groupings (hereafter referred to as aggregation packets) shall be submitted by customer class as defined in subsection (d) of this section with a listing of utility account numbers and associated zip codes.(A) Set-aside cap. No single aggregation packet may contain an ESI or ESIs that represent more than 20% of the 1.0% set-aside for that customer class, with the exception of the residential class.(B) Registration dates. Aggregators may register non-residential customer class aggregation packets, subject to the limitation in subparagraph (A) of this paragraph, with the utility beginning February 15, 2001. Aggregators may register residential aggregation packets beginning March 1, 2001.(C) Undersubscription for all non-residential customer classes. If an aggregation packet contains non-residential ESIs from a class that is undersubscribed as of April 2, 2001, then that aggregation packet shall have a reserved allotment of the 1.0% set-aside until May 21, 2001. If by May 31, 2001, the 1.0% set-aside for aggregation in any non-residential class is undersubscribed, then the utility shall determine the unused class capacity and add it to the amount of available load for that class. No later than June 10, 2001, the utility shall make the updated amount of available load publicly available through the utility's pilot project Internet website.(D) Aggregation selection process for customer classes. The eligibility for the 1.0% set-aside for each customer class shall be determined as follows:(i) Residential customer class. Beginning on March 1, 2001, an aggregator may accept authorizations from residential customers to switch providers as a part of an aggregation packet. Aggregators shall submit aggregated utility account numbers and associated service address zip codes to the utility for tracking the 1.0% set-aside on a first come, first served basis. Aggregation packets shall be accepted until either the 1.0% set-aside is reached or June 15, 2001, whichever comes first. If the 1.0% set-aside is not fully subscribed by June 15, 2001, the utility shall determine the unused class capacity and add that unused capacity to the total amount of available load for the residential class.(ii) Non-residential customer classes. The initial set-aside for each of the non-residential customer classes shall be 1.0% of the eligible load by customer class. To be eligible for the aggregation participant list, an aggregator must provide utility account number and service address zip code information, or ESIs if available, to the utility by April 2, 2001.(I) Oversubscription for the non-residential, non-demand metered customer class. If the total number of ESIs in aggregation packets submitted for the pilot for a non-residential, non-demand class as of April 2, 2001 exceeds the 1.0% set-aside, then the utility shall use a lottery to determine the aggregation participant list for this class. Aggregation packets eligible for the aggregation participant list shall be selected by the utility by April 5, 2001. As each aggregation packet is selected through the lottery, the ESI count shall be subtracted from the total number of ESI available for the 1.0% set-aside. Aggregation packets shall be selected until none of the 1.0% set-aside is left. If the last aggregation packet selected causes the 1.0% set-aside to be exceeded, the selection of the final aggregation packet for this class shall be done in accordance with subparagraph (E) of this paragraph. By April 6, 2001, the utility shall determine whether an aggregation packet has been selected, and shall make such information publicly available through its pilot project Internet website.(II) Oversubscription for the industrial demand-metered and commercial and all other demand-metered classes. If the total combined load of all aggregation packets submitted for each of the industrial demand-metered and commercial and all other demand-metered classes exceeds the 1.0% set-aside as of April 2, 2001, then the utility shall use a lottery to determine the aggregation participant list for each customer class. Aggregation packets eligible for the aggregation participant list shall be selected by the utility by April 5, 2001. As an aggregation packet is selected through the lottery, the demand for that ESI used to determine the available capacity for that customer class shall be subtracted from the total demand amount available for the 1.0% set-aside. Aggregation packets shall be selected until none of the 1.0% set-aside is left. If the last aggregation packet selected causes the 1.0% set-aside to be exceeded, the selection of the final aggregation packet for the class shall be done in accordance with subparagraph (E) of this paragraph. No later than April 6, 2001, the utility shall make the list of ESIs eligible for the pilot project publicly available through its pilot project Internet website.(III) Oversubscription for the other customer class as defined in subsection (d)(2)(e) of this section. If the total combined load of all aggregation packets submitted for the other class exceeds the 1.0% set-aside as of April 2, 2001, then the utility shall use a lottery to determine the aggregation participant list for this class. Aggregation packets eligible for the aggregation participant list shall be selected by the utility by April 5, 2001. As each aggregation packet is selected through the lottery, the energy in kilowatt-hours for that ESI used to determine the size of the customer class shall be subtracted from the total amount of energy available for the 1.0% set-aside. Aggregation packets shall be selected until none of the 1.0% set-aside is left. If the last aggregation packet selected causes the 1.0% set-aside to be exceeded, the selection of the final aggregation packet for the class shall be done in accordance with subparagraph (E) of this paragraph. No later than April 6, 2001, the utility shall make the list of ESIs eligible for the pilot project for the class publicly available through its pilot project Internet website.(E) Non-residential customer classes oversubscription lottery selection of last aggregation packet. If the final aggregation packet chosen in a customer class lottery causes the 1.0% set-aside for that customer class to be exceeded by more than 10%, that is, if that aggregation packet increases the size of the customer class to greater than 1.1%, that aggregation packet shall be rejected and another aggregation packet shall be chosen if available. If no other aggregation packet is available to fill each non-residential customer class without exceeding the 10% overage limit, that remaining increment of capacity set-aside will not be subscribed, but will be added to the amount of available capacity for aggregation for that non-residential customer class and will be available on a first come, first served basis. An aggregation packet that does not exceed the 10% overage limit will be allowed. When the results of the oversubscription lottery are posted by the utility, the utility shall also make publicly available the information concerning this available capacity through its pilot project Internet website.(F) Contract notification due date for non-residential customer classes. By May 21, 2001, a REP must submit verification of executed supply contracts with ESIs and associated zip code to the utility. Any ESI that has not been validated by a REP by this date will relinquish its reserved allotment on the aggregation participant list. The relinquished allotment will then be available for aggregation in that customer class on a first come, first served basis.(G) Notification of executed contract for non-residential customer classes. The REP shall document the existence of an executed contract for service by electronically submitting a list of ESIs representing executed contracts to the utility. The utility may rely on receipt of this list as proof of the existence of an executed contract. The REP shall file a signed affidavit with the commission attesting to the accuracy of the ESIs on the list.(H) Electronic submissions by aggregators. All submittals required by this section by aggregators to a utility shall be made in electronic format using a Microsoft Excel spreadsheet using a spreadsheet template posted on the utility's pilot project Internet website. A utility will post its templates by January 31, 2001.(I) New ESIs. For an ESI that was not included in the calculation in paragraph (3)(A) of this subsection, hereinafter called a new ESI, the customer's ESI load shall be determined as follows:(i) For the non-residential non-demand metered classes, a new ESI shall count as one ESI against the total number of ESIs.(ii) For the demand-metered classes, the demand allocated to a new ESI shall be 95% of the utility-estimated demand for the new ESI.(iii) For the other class as defined in subsection (d)(2)(E) of this section, the energy allocated to a new ESI shall be 95% of the utility-estimated annual kilowatt-hours for the new ESI.(h) Transmission and distribution rates and tariffs.(1) Utilities within ERCOT. In connection with a utility's pilot project, the utility shall provide transmission service and distribution service in accordance with the rates for non-bypassable delivery charges approved by the commission, on an interim basis for application during the utility's pilot project, in the utility's unbundled cost of service case filed pursuant to PURA §39.201. Notwithstanding the provisions of §22.125 of this title (relating to Interim Relief), such interim rates shall not be subject to surcharge or refund if the rates ultimately established differ from the interim rates.(2) Utilities outside of ERCOT.(A) Jurisdiction of other regulatory bodies. Processes utilized by non-ERCOT participants shall support the settlement of traditional wholesale markets and shall conform to all Federal Energy Regulatory Commission (FERC) rules and regulations.(B) Transmission service. In connection with a utility's pilot project, the utility shall provide transmission service in accordance with the rates and delivery charges approved by the FERC. A utility in transition to an independent transmission company (ITC) model shall maintain on file with the commission a copy of its current FERC-approved open access transmission tariff (OATT), as well as any proposed amendments to the OATT submitted to FERC.(C) Distribution service. In connection with a utility's pilot project, the utility shall provide distribution service in accordance with the rates for non-bypassable delivery charges approved by the commission, on an interim basis for application during the utility's pilot project, in the utility's unbundled cost of service case filed pursuant to PURA §39.201. Notwithstanding the provisions of §22.125 of this title, such interim rates shall not be subject to surcharge or refund if the rates ultimately established differ from the interim rates.(3) Approval of tariffs. Tariffs implementing pilot project rates must be filed within ten days following the commission's determination of those rates. The commission shall approve such tariffs by May 31, 2001, and may do so administratively.(i) Billing requirements.(1) A utility shall bill a customer's REP for non-bypassable delivery charges in accordance with the tariffs established pursuant to subsection (h) of this section. The REP must pay these charges.(2) A REP shall be responsible for ensuring that its retail customers are billed for electric service provided. A utility may bill retail customers at the request of a REP, provided that any such billing service shall be offered by the utility on comparable terms and conditions for any requesting REP.(j) Evaluation of the pilot projects by the commission; reporting. The commission shall evaluate the pilot projects and the operational readiness of each power region, including its support systems, for customer choice.(1) Evaluation criteria.(A) Criteria for determining the readiness of a power region for customer choice may include the following:(i) whether a power region's operational support systems were tested, and any problems that surfaced during the pilot project were adequately rectified;(ii) whether electric system reliability was significantly affected in an adverse way; and(iii) any other criteria the commission determines appropriate.(B) Criteria for determining whether commission rules may need modifications or whether certain aspects of retail competition may require more detailed monitoring by the commission may include the following:(i) whether participants in the pilot projects represented a broad base of customers of diverse demographic characteristics;(ii) whether customers were aware of their rights and responsibilities with respect to customer choice, and whether such awareness increased for customers as a whole over the duration of the pilot projects;(iii) whether a broad range of electric services and products were offered;(iv) whether the quality of customer service with respect to retail customers was affected; and(v) any other criteria the commission determines appropriate.(2) Information used for evaluation of pilot projects. Evaluation of the pilot projects shall be based on information including, but not limited to:(A) reports filed in accordance with paragraph (3) of this subsection;(B) surveys of retail customers conducted in connection with the commission's customer education program; and(C) the quantity and nature of complaints or inquiries regarding the pilot project received by the commission's Office of Customer Protection.(3) Reporting by market participants and independent organizations. Each market participant and independent organization shall file two status reports with the commission under a single project number as designated by the commission's central records division. The first status report shall be filed on November 15, 2001, and the second no later than 30 days following the conclusion of the pilot project. In addition, a utility subject to PURA Chapter 39, Subchapter I, shall file semi-annual reports with the commission for the duration of its pilot project to permit the commission to monitor whether proportional representation is achieved in accordance with subsection (l)(3)(B) of this section.(A) Reporting by utilities. Each status report from a utility shall include:(i) The percent of load switched by month and cumulatively, for each customer class as defined in this section, including supporting data;(ii) The number of customers that have withdrawn from the pilot project, by customer class;(iii) A summary of any technical problems encountered during the reporting period, including resolutions or proposed resolutions, as appropriate, and supporting data;(iv) A summary of all complaints related to the pilot project received by the utility during the reporting period, including a description of the resolution of the complaints;(v) For a utility in transition to an ITC model, a progress report on the transition to the ITC, including any updates to the initial compliance filing; and(vi) Any other information the utility believes will assist the commission in evaluating the pilot projects and the readiness of a power region for implementation of full customer choice.(B) Reporting by REPs. Each status report from a REP shall include:(i) A summary of any technical problems encountered during the reporting period, including resolutions or proposed resolutions, as appropriate, and supporting data;(ii) A summary of all complaints related to the pilot project received by the REP during the reporting period, including a description of the resolution of the complaints; and(iii) Any other information the REP believes will assist the commission in evaluating the pilot projects and the readiness of a power region for implementation of full customer choice.(C) Reporting by an independent organization. Each status report from an independent organization shall include:(i) Data from the registration agent regarding the average time elapsed between a switch request and the time the switch became effective;(ii) Data from the registration agent, categorized by residential and non-residential customers, listing the total number of switch requests for each month, as well as the average number of switch requests per day for each month, and the total number of switch requests by zip code;(iii) Data from the registration agent regarding the number of rejected switch requests resulting from the anti-slamming verification process;(iv) A summary of all complaints, categorized by REP and by utility, related to the pilot project captured in the registration agent's systems during the reporting period, including a description of the resolution of the complaints;(v) A summary from the registration agent and the independent organization, as applicable, of any technical problems encountered during the reporting period, including resolutions or proposed resolutions, as appropriate, and supporting data; and(vi) An analysis by the independent transmission organization of system reliability during the pilot projects.(D) Other reporting. At any time, a pilot project participant who is neither a utility nor a REP may provide the commission with any information the participant believes will assist the commission in evaluating the pilot projects and the readiness of a power region for implementation of full customer choice.(4) Pilot implementation working group. The commission will establish a pilot implementation working group to oversee the pilot projects. The commission or its designee, based upon a recommendation of the pilot implementation working group, may revise the operational requirements of the pilot projects in order to resolve technical problems encountered by market participants.(5) Extension of pilot projects. Should the commission determine that it is necessary to delay competition and extend the pilot projects, it must make such determination by December 31, 2001, except as otherwise authorized by PURA §39.405.(k) Pilot project administration and recovery of associated costs.(1) Each utility shall be responsible for administering the pilot project for its service area. Costs incurred by the utility to administer the pilot project may include expenses for required communications, third-party outsourcing for any or all administration tasks, enrollment process, or lottery administration.(2) The utility may request recovery from the commission of pilot project administrative costs through:(A) inclusion in the annual report filed pursuant to PURA §39.257; or(B) deferral to future retail transmission or distribution rates.(3) Parties do not waive the right to challenge the utility's ability to seek cost recovery for costs associated with the pilot projects at the time that such relief is sought. In addition, nothing in this section shall be construed as resolving the legal issue of whether utilities may recover costs associated with the pilot projects.(l) Compliance filings.(1) Timing and review. Each utility shall file a pilot project implementation plan with the commission under a project number designated by the commission's central records division. An implementation plan filed under this section shall be reviewed administratively to determine whether it is consistent with the principles, instructions and requirements set forth in this section.(A) Each utility shall file its implementation plan within 45 days of the commission's adoption of this section. Such filings do not constitute contested case proceedings, but are designed to describe the particular application of this section to the filing utility for the purpose of providing information to the public and the commission.(B) No later than 15 days after filing, interested parties may file comments on the implementation plan.(C) No later than 25 days after filing, commission staff may file a recommendation concerning the implementation plan.(D) Unless the commission or presiding officer determines otherwise, an implementation plan filed under this section shall be deemed approved on the thirtieth day after filing. If the implementation plan is not approved, the utility shall resubmit its plan following consultation with commission staff under a deadline established by the presiding officer.(2) Content. The compliance filing shall address each provision of this section with a brief narrative explaining how the utility intends to implement that provision, including the utility's pilot project Internet website address and other contact information, as applicable. Numerical and formulaic data shall also be provided where applicable. Specifically, the compliance filing shall detail the calculation of the 5.0% load available for each customer class, including the 1.0% set-aside, and demonstrate the calculation with sample data. The final calculations containing actual data shall be filed with the commission by January 31, 2001.(3) Additional requirements for non-ERCOT utilities.(A) A utility subject to PURA Chapter 39, Subchapter I, shall include in its transition plan filed pursuant to PURA §39.402, a plan for extending its pilot project beyond January 1, 2002. The plan for extension of the pilot project shall contain:(i) The utility's proposed increase(s) in pilot project participation beyond 5.0%, and proposed timing for such increase(s), including supporting data and workpapers; and(ii) A report to the commission on market conditions in the utility's power region, including an analysis of the level of competition that the region can support and all relevant data and workpapers.(B) A utility subject to PURA Chapter 39, Subchapter I, shall include in its compliance filing, a plan to ensure proportional representation in its pilot project between customers receiving service from the utility in an area that is certificated solely to the utility and those customers of the utility located in multiply certificated areas.(C) A utility in transition to an ITC model shall include in its compliance filing:(i) a narrative of how its plan for transition to an ITC is expected to affect the pilot project, including relevant supporting data and workpapers; and(ii) an explanation of any requirements of market participants that are unique to its service area (e.g., registration with ITC, data aggregation requirements).", "sourceNote": "Source Note: The provisions of this §25.431 adopted to be effective September 3, 2000, 25 TexReg 8391; amended to be effective May 13, 2018, 43 TexReg 3001." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.471", "label": "General Provisions of Customer Protection Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129548", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This subchapter applies to aggregators and retail electric providers (REPs). In addition, where specifically stated, these rules apply to transmission and distribution utilities (TDUs), the registration agent, brokers and power generation companies. These rules specify when certain provisions are applicable only to some, but not all, of these providers.(1) Affiliated REP customer protection rules, to the extent the rules differ from those applicable to all REPs or those that apply to the provider of last resort (POLR), do not apply to the affiliated REP when serving customers outside the geographic area served by its affiliated transmission and distribution utility. The affiliated REP customer protection rules apply until the price-to-beat obligation ends in the affiliated REPs' affiliated TDU service territory.(2) Requirements applicable to a POLR apply to a REP only in its provision of service as a POLR.(3) The rules in this subchapter are minimum, mandatory requirements that must be offered to or complied with for all customers unless otherwise specified. Except for the provisions of §25.495 of this title (relating to Unauthorized Change of Retail Electric Provider), §25.481 of this title (relating to Unauthorized Charges), §25.485(a) - (b) of this title (relating to Customer Access and Complaint Handling), and §25.499 (relating to Acknowledgement of Risk Requirements for Certain Commercial Contracts), a customer other than a residential or small commercial class customer, or a non-residential customer whose load is part of an aggregation in excess of 50 kilowatts, may agree to terms of service that reflect either a higher or lower level of customer protections than would otherwise apply under these rules. Any agreements containing materially different protections from those specified in these rules must be reduced to writing and provided to the customer. Additionally, copies of such agreements must be provided to the commission upon request.(4) The rules of this subchapter control over any inconsistent provisions, terms, or conditions of a REP's terms of service or other documents describing service offerings for customers in Texas.(5) For purposes of this subchapter, a municipally owned utility or electric cooperative is subject to the same provisions as a REP where the municipally owned utility or electric cooperative sells retail electricity service outside its certificated service area.(b) Purpose. The purposes of this subchapter are to:(1) provide minimum standards for customer protection. An aggregator or REP may adopt higher standards for customer protection, provided that the prohibition on discrimination set forth in subsection (c) of this section is not violated;(2) provide customer protections and disclosures established by other state and federal laws and rules including but not limited to the Fair Credit Reporting Act (15 U.S.C. §1681, et seq.) and the Truth in Lending Act (15 U.S.C. §1601, et seq.). Such protections are applicable where appropriate, whether or not it is explicitly stated in these rules;(3) provide customers with sufficient information to make informed decisions about electric service in a competitive market; and(4) prohibit fraudulent, unfair, misleading, deceptive, or anticompetitive acts and practices by aggregators, REPs, and brokers in the marketing, solicitation and sale of electric service, in the administration of any terms of service for electric service and in providing advice or procurement services to, or acting on behalf of, a retail electric customer regarding the selection of a retail electric provider, or a product or service offered by a retail electric provider.(c) Prohibition against discrimination. This subchapter prohibits REPs from unduly refusing to provide electric service or otherwise unduly discriminating in the marketing and provision of electric service to any customer because of race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location of customer in an economically distressed geographic area, or qualification for low-income or energy efficiency services.(d) Definitions. For the purposes of this subchapter the following words and terms have the following meaning, unless the context indicates otherwise:(1) Applicant--A person who applies for electric service via a move-in or switch with a REP that is not currently the person's REP of record or applies for aggregation services with an aggregator from whom the person is not currently receiving aggregation services.(2) Burned Veteran--A customer who is a military veteran who a medical doctor certifies has a significantly decreased ability to regulate body temperature because of severe burns received in combat.(3) Competitive energy services--As defined in §25.341 of this title (relating to Definitions).(4) Customer--A person who is currently receiving retail electric service from a REP in the person's own name or the name of the person's spouse, or the name of an authorized representative of a partnership, corporation, or other legal entity, including a person who is changing premises but is not changing their REP.(5) Electric service--Combination of the transmission and distribution service provided by a transmission and distribution utility, municipally owned utility, or electric cooperative, metering service provided by a TDU or a competitive metering provider, and the generation service provided to an end-use customer by a REP. This term does not include optional competitive energy services, as defined in §25.341 of this title, that are not required for the customer to obtain service from a REP.(6) Energy service--As defined in §25.223 of this title (relating to Unbundling of Energy Service).(7) Enrollment--The process of obtaining authorization and verification for a request for service that is a move-in or switch in accordance with this subchapter.(8) In writing--Written words memorialized on paper or sent electronically.(9) Move-in--A request for service to a new premise where a customer of record is initially established or to an existing premise where the customer of record changes.(10) Retail electric provider (REP)--Any entity as defined in §25.5 of this title (relating to Definitions). For purposes of this rule, a municipally owned utility or an electric cooperative is only considered a REP where it sells retail electric power and energy outside its certified service territory. An agent of the REP may perform all or part of the REP's responsibilities pursuant to this subchapter. For purposes of this subchapter, the REP will be responsible for the actions of the agent.(11) Small commercial customer--A non-residential customer that has a peak demand of less than 50 kilowatts during any 12-month period, unless the customer's load is part of an aggregation program whose peak demand is in excess of 50 kilowatts during the same 12- month period.(12) Switch--The process by which a person changes REPs without changing premises.(13) Termination of service--The cancellation or expiration of a service agreement or contract by a REP or customer.", "sourceNote": "Source Note: The provisions of this §25.471 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective May 19, 2004, 29 TexReg 4756; amended to be effective January 9, 2014, 39 TexReg 212; amended to be effective June 4, 2020, 45 TexReg 3627; amended to be effective January 6, 2022, 46 TexReg 9242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129548", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.472", "label": "Privacy of Customer Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129549", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mass customer lists. Prior to the commencement of retail competition, an electric utility shall release a mass customer list to certificated retail electric providers (REPs) and registered aggregators.(1) A mass customer list shall consist of the name, billing address, rate classification, monthly kilowatt-hour usage for the most recent 12-month period, meter type, and account number or electric service identifier (ESI-ID). All customers eligible for the price to beat pursuant to the Public Utility Regulatory Act (PURA) §39.202 shall be included on the mass customer list, except a customer who opts not to be included on the list pursuant to paragraph (2) of this subsection.(2) Prior to the release of a mass customer list, an electric utility shall mail a notice to all customers who may be included on the list. The notice shall:(A) explain the issuance of the mass customer list;(B) provide the customer with the option of not being included on the list and allow the customer at least 30 days to exercise that option;(C) inform the customer of the availability of the no call lists pursuant to §25.484 of this title (relating to Texas Electric No-Call List) and §26.37 of this title (relating to Texas No-Call List), and provide the customer with information on how to request placement on the list;(D) provide a toll free telephone number and an Internet website address to notify the electric utility of the customer's desire to be excluded from the mass customer list.(3) The commission will require the electric utility to release a mass customer list no later than 120 days before the commencement of customer choice.(4) The mass customer list shall be issued, at no charge, to all REPs certified by, and aggregators registered with, the commission that will be providing retail electric or aggregation services to residential or small commercial customers.(5) A REP shall not use the list for any purpose other than marketing electric service and verifying a customer's authorized selection of a REP prior to submission of the customer's enrollment to the registration agent.(b) Individual customer and premise information.(1) A REP or aggregator shall not release proprietary customer information, as defined in §25.272(c)(5) of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates), to any other person, including an affiliate of the REP, without obtaining the customer's or applicant's verifiable authorization by means of one of the methods authorized in §25.474 of this title (relating to Selection of Retail Electric Provider). This prohibition shall not apply to the release of such information by a REP or aggregator to:(A) the commission in pursuit of its regulatory oversight or the investigation and resolution of customer complaints involving REPs or aggregators;(B) an agent, vendor, partner, or affiliate of the REP or aggregator engaged to perform any services for or functions on behalf of the REP or aggregator, including marketing of the REP's or aggregator's own products or services, or products or services offered pursuant to joint agreements between the REP or aggregator and a third party;(i) All such agents, vendors, partners, or affiliates of the REP or aggregator shall be required to sign a confidentiality agreement with the REP or aggregator and agree to be held to the same confidentiality standards as the REP or aggregator pursuant to this section; and(ii) In the event that a REP shares proprietary customer information with a third party for the purpose of marketing such party's products or services to the REP's customer, prior to the release of information to any such agent, partner or affiliate, a REP or aggregator shall provide the customer an opportunity to opt-out of the release of their information for such marketing purposes by either of the following methods:(I) send a notice to customers explaining the issuance of the each information release and the reason for the information release and provide the customer with the option of not being included in the information release and allow the customer at least 30 days to exercise that option; or(II) include an opportunity for the customer to make a choice as to whether or not the customer wants to be included in all future marketing of other products and services by the REP or its agent, partner, or affiliate. Such opportunity may be provided during the authorization and verification process detailed in §25.474 or via a separate notice and mailing to customers.(C) a consumer reporting agency as defined by the Federal Trade Commission;(D) an energy assistance agency to allow a customer or an applicant to qualify for and obtain other financial assistance provided by the agency. A REP may rely on the representations of an entity claiming to provide energy assistance;(E) local, state, and federal law enforcement agencies;(F) the transmission and distribution utility (TDU) within whose geographic service territory the customer or applicant is located, pursuant to the provisions of the TDU's commission-approved Tariff for Retail Electric Delivery Service;(G) the Office of the Public Utility Counsel, upon request pursuant to PURA §39.101(d);(H) conduct activities required by subsection (a) of this section;(I) the registration agent, another REP, a provider of last resort (POLR), or TDU as necessary to complete a required market transaction, under terms approved by the commission; or(J) the registration agent or a TDU in order to effectuate a customer's move-in, transfer, or switch.(2) Under no circumstances shall a REP or aggregator sell, make available for sale, or authorize the sale of any customer-specific information or data obtained.(3) Upon receiving authorization from a customer or applicant, a REP shall request from the TDU the monthly usage of the customer's or applicant's premise for the previous 12 months. The TDU, upon receipt of a written request or other proof of authorization, shall provide the requested information to the requesting REP or to the customer or applicant no later than three business days after the request or proof of authorization is submitted.(4) A REP shall, upon the request of an energy assistance agency, provide a 12-month billing history free of charge that includes both usage data and the dollar amount of each monthly billing. If 12 months of billing data are not available from the REP, the REP shall estimate the amount billed using the REP's residential rate. The history shall also clearly designate estimated amounts. A residential billing history requested by an energy assistance agency shall be provided by the end of the next business day after the request is made. A residential billing history requested by a customer shall be provided within five business days of the customer request.(5) Upon the request of a customer, a REP shall notify a third person chosen by the customer of any pending disconnection of electric service with respect to the customer's account.", "sourceNote": "Source Note: The provisions of this §25.472 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective December 17, 2002, 27 TexReg 11742; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective December 8, 2005, 30 TexReg 8059; amended to be effective March 8, 2007, 32 TexReg 1286." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129549", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.473", "label": "Non-English Language Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183112", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to retail electric providers (REPs), aggregators, and the registration agent.(b) Retail electric providers (REPs). A REP shall provide the following information to an applicant or customer in English, Spanish, or the language used in the marketing of service, as designated by the applicant or customer.(1) Terms of service documents, Electricity Facts Label, customer bills, and customer bill notices;(2) information on the availability of new electric services, discount programs, and promotions; and(3) access to customer service, including the restoration of electric service and response to billing inquiries.(c) Aggregators. An aggregator shall provide the following information to a customer in English, Spanish, or the language used to market the aggregator's products and services, as designated by the customer or the applicant:(1) terms of service documents required by this subchapter;(2) the availability of electric discount programs; and(3) access to customer service.(d) Dual language requirement. The following documents shall be provided to all customers in both English and Spanish, unless a customer has designated a language other than English or Spanish as the language in which they will receive the information described in subsection (b) of this section, in which case the documents described in paragraphs (1) and (3) of this subsection shall be provided in English and the other language designated by the customer.(1) Your Rights as a Customer disclosure;(2) the enrollment notification notice provided by the registration agent pursuant to §25.474(l) of this title (relating to Selection of Retail Electric Provider); and(3) a disconnection notice.(e) Prohibition on mixed language. Unless otherwise noted in this subchapter, if any portion of a printed advertisement, electronic advertising over the Internet, direct marketing material, billing statement, terms of service document, or Your Rights as a Customer disclosure is translated into another language, then all portions shall be translated into that language. A single informational statement advising how to obtain the same printed advertisements, electronic advertising over the Internet, direct marketing material, billing statement, terms of service documents, or Your Rights as a Customer disclosure in a different language is permitted.", "sourceNote": "Source Note: The provisions of this §25.473 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.474", "label": "Selection of Retail Electric Provider" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207416", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to retail electric providers (REPs) and aggregators seeking to enroll applicants or customers for retail electric service. In addition, where specifically stated, this section applies to transmission and distribution utilities (TDUs) and the registration agent.(b) Purpose. The provisions of this section establish procedures for enrollment of applicants or customers by a REP and ensure that all applicants and customers in this state are protected from an unauthorized switch from the applicant's or customer's REP of choice or an unauthorized move-in. A contested switch in providers shall be presumed to be unauthorized unless the REP provides proof, in accordance with the requirements of this section, of the applicant's or customer's authorization and verification.(c) Initial REP selection process.(1) In conjunction with the commission's customer education campaign, the commission may issue to customers for whom customer choice will be available an explanation of the REP selection process. The customer education information issued by the commission may include, but is not limited to:(A) an explanation of retail electric competition;(B) a list of all REPs certified to provide electric service to the customer;(C) a form that allows the customer to contact or select one or more of the listed REPs from which the customer desires to receive information or to be contacted; and(D) information on how a customer may designate whether the customer would like to be placed on the statewide Do Not Call List and indicate the fee for such placement.(2) Any affiliated REP assigned to serve a customer that is entitled to receive the price-to-beat rate, pursuant to the Public Utility Regulatory Act (PURA) §39.202(a), shall issue to a customer, either as a bill insert or through a separate mailing, no later than 30 days after the commencement of customer choice:(A) A terms of service document that includes an explanation of the price-to-beat rate;(B) Your Rights as a Customer disclosure; and (C) An Electricity Facts Label for the price to beat, which may, at the discretion of the REP, be in a separate document or contained in the terms of service document.(3) An electric utility whose successor affiliated REP will continue to serve customers not eligible for the price-to-beat rate, pursuant to PURA §39.102(b), shall issue to the customer a terms of service document on a date prescribed by the commission. Such a document shall contain an explanation of the price the customer will be charged by the affiliated REP. (d) Enrollment via the Internet. For enrollments of applicants via the Internet, a REP or aggregator shall obtain authorization and verification of the move-in or switch request from the applicant in accordance with this subsection. (1) The website (or websites) shall clearly and conspicuously identify the legal name of the aggregator and its registration number to provide aggregation services or REP and its certification number to sell retail electric service, its address, and telephone number.(2) The website shall include a means of transfer of information, such as electronic enrollment, renewal, and cancellation information between the applicant or customer and the REP or aggregator that is an encrypted transaction using Secure Socket Layer or similar encryption standard to ensure the privacy of customer information.(3) The website shall include an explanation that a move-in or a switch can only be made by the electric service applicant or the applicant's authorized agent. (4) The entire enrollment process shall be in plain, easily understood language. The entire enrollment shall be the same language. Nothing in this section is meant to prohibit REPs or aggregators from utilizing multiple enrollment procedures or websites to conduct enrollments in multiple languages.(5) Required authorization disclosures. Prior to requesting confirmation of the move-in or switch request, a REP or aggregator shall clearly and conspicuously disclose the following information:(A) the name of the new REP;(B) the name of the specific electric service package or plan for which the applicant's assent is attained;(C) the ability of an applicant to select to receive information in English, Spanish, or the language used in the marketing of service to the applicant. The REP or aggregator shall provide a means of documenting a customer's language preference;(D) the price of the product or plan, including the total price stated in cents per kilowatt-hour, for electric service;(E) term or length of the term of service;(F) the presence or absence of early termination fees or penalties, and applicable amounts;(G) any requirement to pay a deposit and the estimated amount of that deposit, or the method in which the deposit will be calculated. An affiliated REP or provider of last resort (POLR) shall also notify the applicant of the right to post a letter of guarantee in lieu of a deposit in accordance with §25.478(i) of this title (relating to Credit Requirements and Deposits);(H) any fees to the applicant for switching to the REP pursuant to subsection (n) of this section; (I) in the case of a switch request, the applicant's right, pursuant to subsection (j) of this section, to review and rescind the terms of service within three federal business days, after receiving the terms of service, without penalty; (J) a statement that the applicant will receive a copy of the terms of service document via email or, upon request, via regular US mail, that will explain all the terms of the agreement and how to exercise the right of rescission, if applicable; and(K) if the customer is being enrolled for prepaid service as defined by §25.498(b)(7) of this title (relating to Prepaid Service), that the customer will not receive a bill and may request a summary of usage and payment.(6) The applicant shall be required to check a box affirming that the applicant has read and understands the disclosures and terms of service required by paragraph (5) of this subsection.(7) The REP or aggregator shall provide access to the complete terms of service document that is being agreed to by the applicant on the website such that the applicant may review the terms of service prior to enrollment. A prompt shall also be provided for the applicant to print or save the terms of service document to which the applicant assents, and shall inform the application of the option to request that a written copy of the terms of service document be sent by regular U.S. mail by contacting the REP. (8) The REP or aggregator shall also provide a toll-free telephone number, Internet website address, and e-mail address for contacting the REP or aggregator throughout the duration of the applicant's or customer's agreement. The REP or aggregator shall also provide the appropriate toll-free telephone number that the customer can use to report service outages.(9) Applicant authorizations shall adhere to any state and federal guidelines governing the use of electronic signatures.(10) Verification of authorization for Internet enrollment. Prior to final verification by the applicant of enrollment with the REP or aggregator, the REP or aggregator shall:(A) obtain or confirm the applicant's email address, billing name, billing address, service address, and name of any authorized representative; (B) obtain or confirm the applicant's electric service identifier (ESI-ID), if available;(C) affirmatively inquire whether the applicant has decided to establish new service or change from the current REP to the new REP; (D) affirmatively inquire whether the applicant designates the new REP to perform the necessary tasks to complete a switch or move in for the applicant's service with the new REP; and(E) obtain or confirm one of the following account access verification data: last four digits of the social security number, mother's maiden name, city or town of birth, month and day of birth, driver's license or government issued identification number. For non-residential applicants, the REP may obtain the applicant's federal tax identification number.(11) After enrollment, the REP or aggregator shall send a confirmation, by email, of the applicant's request to select the REP. The confirmation email shall include:(A) in the case of a switch, a clear and conspicuous notice of the applicant's right, pursuant to subsection (j) of this section, to review and rescind the terms of service within three federal business days, after receiving the terms of service without penalty and offer the applicant the option of exercising this right by toll-free number, email, Internet website, facsimile transmission or regular mail. This notice shall be accessible to the applicant without need to open an attachment or link to any other document; and(B) the terms of service and Your Rights as a Customer documents. These may be documents attached to the confirmation email, or the REP or aggregator may include a link to an Internet webpage containing the documents.(e) Written enrollment. For enrollments of customers via a written letter of authorization (LOA), a REP or aggregator shall obtain authorization and verification of the switch or move-in request from the applicant in accordance with this subsection. (1) All LOAs for move-in or switch orders shall be in plain, easily understood language. The entire enrollment shall be in the same language.(2) The LOA shall be a separate or easily separable document containing the requirements prescribed by this subsection for the sole purpose of authorizing the REP to initiate a switch request. The LOA is not valid unless it is signed and dated by the customer requesting the move-in or switch.(3) The LOA may contain a description of inducements associated with enrolling with the REP; however, the actual inducement itself shall not be either included on or as part of the LOA, or constitute the LOA by itself.(4) The LOA shall be legible and shall contain clear and unambiguous language.(5) Required authorization disclosures. The LOA shall disclose the following information:(A) the name of the new REP;(B) the name of the specific electric service package or plan for which the applicant's assent is attained;(C) the ability of an applicant to select to receive information in English, Spanish, or the language used in the marketing of service to the applicant. The REP shall provide a means of documenting an applicant's language preference;(D) the price of the product or plan, including the total price stated in cents per kilowatt-hour, for electric service;(E) term or length of the term of service;(F) the presence or absence of early termination fees or penalties, and applicable amounts;(G) any requirement to pay a deposit and the estimated amount of that deposit, or the method in which the deposit will be calculated. An affiliated REP or POLR shall also notify the applicant of the right to post a letter of guarantee in lieu of a deposit in accordance with §25.478(i) of this title;(H) any fees to the applicant for switching to the REP pursuant to subsection (n) of this section; (I) in the case of a switch, the applicant's right, pursuant to subsection (j) of this section, to review and rescind the terms of service within three federal business days, after receiving the terms of service, without penalty; (J) a statement that the applicant will receive a written copy of the terms of service document that will explain all the terms of the agreement and how to exercise the right of rescission, if applicable; and (K) if the customer is being enrolled for prepaid service as defined by §25.498(b)(7) of this title, that the customer will not receive a bill and may request a summary of usage and payment.(6) Verification of authorization of written enrollment. A REP or aggregator shall, as part of the LOA:(A) obtain or confirm the applicant's billing name, billing address, and service address;(B) obtain or confirm the applicant's ESI-ID, if available; (C) affirmatively inquire whether the applicant has decided to establish new service or change from their current REP to the new REP;(D) affirmatively inquire whether the applicant designates the new REP to perform the necessary tasks to complete a switch or move in for the applicant's service with the new REP; and(E) obtain one of the following account access verification data: last four digits of the social security number, mother's maiden name, city or town of birth, month and day of birth, driver's license or government issued identification number. For non-residential applicants, the REP may obtain the applicant's federal tax identification number.(7) The following LOA form meets the requirements of this subsection if modified as appropriate for the requirements of paragraph (5)(G) of this subsection. Other versions may be used, but shall contain all the information and disclosures required by this subsection.Attached Graphic(8) Before obtaining a signature from a customer, a REP shall:(A) provide to the applicant a reasonable opportunity to read the terms of service, Electricity Facts Label, Prepaid Disclosure Statement (PDS), if applicable, and any written materials accompanying the terms of service document; and(B) answer any questions posed by any applicant about information contained in the documents.(9) Upon obtaining the applicant's signature, a REP or aggregator shall immediately provide the applicant a legible copy of the signed LOA, and shall distribute or mail the terms of service document, Electricity Facts Label, PDS, if applicable, and Your Rights as a Customer disclosure. If a written solicitation by a REP contains the terms of service document, any tear-off portion that is submitted by the applicant to the REP to obtain electric service shall allow the applicant to retain the terms of service document.(10) The applicant's signature on the LOA shall constitute an authorization of the move-in or switch request if the LOA complies with the provisions of this section and the terms of service comply with the requirements of §25.475(d) of this title (relating to General Retail Electric Provider Requirements and Information Disclosures to Residential and Small Commercial Customers).(f) Enrollment via door-to-door sales. A REP or aggregator that engages in door-to-door marketing at an applicant's or customer's residence shall comply with the following requirements:(1) Solicitation requirements. A REP or aggregator that engages in door-to-door marketing at an applicant's residence shall comply with the following requirements:(A) The REP or aggregator shall provide the disclosures required by this section and the three-day right of rescission required by the Federal Trade Commission's Trade Regulation Rule Concerning Cooling Off Period for Sales Made at Homes or at Certain Other Locations (16 C.F.R. Part 429).(B) The individual who represents the REP or aggregator shall wear a clear and conspicuous identification of the REP or aggregator on the front of the individual's outer clothing or on an identification badge worn by the individual. In addition, the individual shall wear an identification badge that includes the individual's name and photograph, the REP or aggregator's certification or registration number, and a toll-free telephone number maintained by the REP or aggregator that the applicant may call to verify the door-to-door representative's identity during specified business hours. The company name displayed shall conform to the name on the REP's certification or aggregator's registration obtained from the commission and the name that appears on all of the REP's or aggregator's contracts and terms of service documents in possession of the individual.(C) The REP or aggregator shall affirmatively state that it is not a representative of the applicant's transmission and distribution utility or any other REP or aggregator. The REP's or aggregator's clothing and sales presentation shall be designed to avoid the impression by a reasonable person that the individual represents the applicant's transmission and distribution utility or any other REP or aggregator.(D) The REP or aggregator shall not represent that an applicant or customer is required to switch service in order to continue to receive power.(E) Door-to-door representatives shall adhere to all local city/subdivision guidelines concerning door-to-door solicitation.(2) Use of a portable electronic device (PED) in door-to-door sales. A REP or aggregator may use a PED to conduct door-to-door sales at an applicant's or customer's residence. For the purpose of this section, a PED is defined as a nonstationary light-weight, electrically-powered device that is capable of communications, data storage and processing, and accessing, directly or indirectly, the REP or aggregator network. Examples of PEDs include, but are not limited to: laptop computers, tablets, tablet computers, personal digital assistants, and smart phones.(A) The REP or aggregator is responsible for ensuring that the PED complies with the requirements of this section.(B) The PED shall be owned, rented, or leased by the REP, aggregator, or third-party vendor retained by the REP or aggregator. The PED shall not be owned by an individual employee of the REP, aggregator, or vendor that has been retained by the REP or aggregator.(C) The entire enrollment process shall be in plain, easily understood language, and be consistent with the requirements of §25.473 of this title (relating to Non-English Language Requirements.) The entire solicitation and enrollment process shall be conducted in the same language. The REP or aggregator shall provide a means of documenting the applicant's language preference.(D) All information disclosed to the applicant or customer on the PED must be easily readable and clearly disclosed.(E) The PED shall:(i) be secure from unauthorized access;(ii) have the means to protect any applicant and customer data should the device be lost or stolen, such as for example, remote data wipe capabilities; and(iii) have enabled mobile locating and tracking capabilities that allows the REP or aggregator to track the time and location of each customer enrollment, subject to the availability of industry standard communications signals such as cellular or Wi-Fi at the specific time of enrollment.(F) Any applicant or customer specific information entered into the PED shall be transferred within one business day to the REP or aggregator's systems using Secure Socket Layer or similar encryption standard to ensure privacy of applicant or customer information. Once the transfer of data has been verified, any such applicant or customer specific information retained on the PED shall be removed.(G) The REP or aggregator is responsible for the protection of all applicant or customer information. (3) Required authorization disclosures. Prior to requesting verification of the applicant's authorization to enroll, a REP or aggregator shall comply with all of the authorization disclosure requirements in either subsections (e)(5) or (h)(1) - (4) of this section. (A) A REP or aggregator may provide the disclosures required by subsection (e)(5) of this section using a PED; however, if an applicant expresses an inability to read or understand the disclosure information on the PED, the REP or aggregator shall either provide the required disclosures pursuant to subsection (e)(5) of this section in paper format, provide the disclosures pursuant to subsection (h)(1) - (4) of this section, or advise the applicant that they will not be able to complete enrollment.(B) If a REP or aggregator provides the disclosures using a PED, the REP or aggregator shall:(i) provide the applicant a reasonable opportunity to read the terms of service, Electricity Facts Label (EFL), Prepaid Disclosure statements (PDS), if applicable, and any written or electronic materials disclosed;(ii) accurately and truthfully answer any questions posed by the applicant about information contained in the documents;(iii) advise the applicant that if the applicant is under contract with another REP, termination fees for that contract may apply; and(iv) obtain an electronic signature from the applicant that adheres to Texas and federal guidelines or, alternatively, require unassisted direct entry of a uniquely identifiable input by the applicant affirming that the applicant has read and understands the disclosures, terms of service, EFL, PDS, if applicable, and all written or electronic materials disclosed prior to verification of authorization.(4) Verification of authorization for door-to-door enrollment. A REP, or an independent third party retained by the REP, shall telephonically obtain and record all required verification information from the applicant to verify the applicant's decision to enroll with the REP in accordance with this paragraph, unless verification is obtained using a PED as specified in paragraph (5) of this subsection. If verification is obtained using a PED as specified in paragraph (5) of this subsection, the REP or aggregator has the option, with applicant consent, to complete the verification of authorization requirement utilizing the process defined in paragraph (5) of this subsection. (A) Electronically record on audiotape, a wave sound file, or other recording device the entirety of an applicant's verification. The verification call shall comply with the requirements in subsection (h)(5) of this section. (B) Inform the applicant that the verification of authorization call is being recorded.(C) Verification shall be conducted in the same language as that used in the sales transaction and authorization.(D) Automated systems shall provide the applicant with the option of exiting the system and nullifying the enrollment at any time during the call.(E) A REP or its sales representative initiating a three-way call or a call through an automated verification system shall not participate in the verification process.(F) The REP shall not submit a move-in or switch request until it has obtained a recorded telephonic verification of the enrollment. (5) Verification of authorization for door-to-door enrollments using a PED. (A) The REP or aggregator shall obtain affirmation from the applicant that the applicant is authorized to perform the enrollment and consents to the enrollment being verified using a PED. If the applicant does not consent to the enrollment being verified using a PED or expresses an inability to read or understand the verification of authorization information on the PED at any time, the representative shall verify authorization of enrollment pursuant to paragraph (4) of this subsection or advise the applicant that they will not be able to complete enrollment.(B) If the applicant consents to verification being conducted using a PED, the REP or aggregator shall:(i) obtain or confirm the applicant's email address or other agreed upon means of communication, billing name, billing address, service address, and name of any authorized representative;(ii) obtain or confirm the applicant's electric service identifier (ESI-ID), if available;(iii) obtain or confirm at least one of the following account access verification data for the applicant: last four digits of the social security number, mother's maiden name, city or town of birth, month and day of birth, driver's license number or government issued identification number. For non-residential applicants, the REP may obtain the applicant's federal tax identification number; and(iv) obtain applicant's electronic signature that adheres to Texas and federal guidelines or, alternatively, require unassisted direct entry of a uniquely identifiable input by the applicant matching the input obtained pursuant to paragraph (3) of this subsection affirming that the customer or applicant is authorized to select or change REPs for the service address and authorizes the new REP to perform necessary tasks to complete a switch or move-in for the customer's or applicant's service with the new REP.(C) The REP shall not submit a move-in or switch request until it has obtained the applicant's verification of the enrollment.(D) After enrollment, the REP or aggregator shall send a confirmation by first class mail, email, or other agreed upon means of communication to the applicant of the applicant's request to select the REP. The REP or aggregator may assume that any delivery of the confirmation deposited first class within the United States Postal service will be received within three federal business days. The confirmation shall include:(i) a clear and conspicuous notice in the body of the confirmation of the customer's three-day right of rescission required by the Federal Trade Commission's Trade Regulation Rule Concerning Cooling Off Period for Sales Made at Homes or Certain Other Locations (16 C.F.R. Part 429). The notice shall state that the customer may exercise their right to rescission within three federal business days after receiving the terms of service without penalty and offer the customer the option of exercising this right by toll-free number, email, Internet website, facsimile transmission, or regular mail. If conveyed electronically, the notice shall be accessible to the applicant without need to open an attachment or link to any other document; and(ii) the terms of service document, EFL, PDS, if applicable, and Your Rights as a Customer disclosure, or links thereto.(6) Nothing in this subsection is intended to limit the use of PEDs in the context of other forms of enrollment to the extent those enrollments otherwise comply with the applicable rule requirements.(g) Personal solicitations other than door-to-door marketing. A REP or aggregator that engages in personal solicitation at a location other than a customer's residence (such as malls, fairs, or places of business) shall comply with all requirements for written enrollments and LOA requirements detailed in subsection (e) of this section. In addition, the REP or aggregator shall comply with the following additional requirements:(1) For transactions occurring at a place other than the REP or aggregator's place of business, the REP or aggregator shall provide the three-day right of rescission required by the Federal Trade Commission's Trade Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations (16 C.F.R. Part 429).(2) For solicitations of residential customers, the individual who represents the REP or aggregator shall wear a clear and conspicuous identification of the REP or aggregator on the front of the individual's outer clothing or on an identification badge worn by the individual. The company name displayed shall conform to the name on the REP's certification or aggregator's registration obtained from the commission and the name that appears on all of the REP's or aggregator's contracts and terms of service documents in possession of the individual.(3) The individual who represents the REP or aggregator shall not state or imply that it is a representative of the customer's transmission and distribution utility or any other REP or aggregator. The REP's or aggregator's clothing and sales presentation shall be designed to avoid the impression by a reasonable person that the individual represents the applicant's transmission and distribution utility or any other REP or aggregator.(4) The REP or aggregator shall not represent that an applicant is required to switch service in order to continue to receive power.(h) Telephonic enrollment. For enrollments of applicants via telephone solicitation, a REP or aggregator shall obtain authorization and verification of the move-in or switch request from the applicant in accordance with this subsection.(1) A REP or aggregator shall electronically record on audio tape, a wave sound file, or other recording device the entirety of an applicant's authorization and verification. Automated systems shall provide the customers with either the option of speaking to a live person at any time during the call, or the option to exit the call and cancel the enrollment.(2) The REP or aggregator shall inform the customer that the authorization and verification portions of the call are being recorded. (3) Authorizations and verifications shall be conducted in the same language as that used in the sales transaction.(4) Required authorization disclosures. Prior to requesting verification of the move-in or switch request, a REP or aggregator shall clearly and conspicuously disclose the following information:(A) the name of the new REP;(B) the name of the specific electric service package or plan for which the applicant's assent is attained;(C) the price of the product or plan, including the total price stated in cents per kilowatt-hour, for electric service;(D) term or length of the term of service;(E) the presence or absence of early termination fees or penalties, and applicable amounts;(F) any requirement to pay a deposit and the estimated amount of that deposit, or the method in which the deposit will be calculated or the method in which the deposit will be calculated. An affiliated REP or POLR shall also notify the applicant of the right to post a letter of guarantee in lieu of a deposit in accordance with §25.478(i) of this title;(G) any fees to the applicant for switching to the REP pursuant to subsection (n) of this section; (H) in the case of a switch, the applicant's right, pursuant to subsection (j) of this section, to review and rescind the terms of service within three federal business days, after receiving the terms of service, without penalty; (I) a statement that the applicant will receive a written copy of the terms of service document that will explain all the terms of the agreement and how to exercise the right of rescission, if applicable; and(J) if the customer is being enrolled for prepaid service as defined by §25.498(b)(7) of this title, that the customer will not receive a bill and may request a summary of usage and payment.(5) Verification of authorization of telephonic enrollment. (A) A REP or aggregator shall electronically record on audio tape, a wave sound file, or other recording device the entirety of an applicant's verification of the authorization. The REP or aggregator shall inform the applicant that the verification call is being recorded. (B) Prior to final confirmation by the applicant that they wish to enroll with the REP, the REP shall, at a minimum:(i) obtain or confirm the applicant's billing name, billing address, and service address;(ii) obtain or confirm the applicant's ESI-ID, if available; (iii) for a move-in request, ask the applicant, \"do you agree to become a customer with (REP) and allow (REP) to complete the tasks required to start your electric service?\" and the applicant must answer affirmatively; or(iv) for a switch request, ask the applicant, \"do you agree to become a (REP) customer and allow us to complete the tasks required to switch your electric service from your current REP to (REP)?\" and the applicant must answer affirmatively; (v) ask the applicant, \"do you want to receive information in English, Spanish (or the language used in the marketing of service to the applicant)?\" The REP shall provide a means of documenting the applicant's language preference; and(vi) obtain or confirm one of the following account access verification data: last four digits of the social security number, mother's maiden name, city or town of birth, or month and day of birth, driver's license or government issued identification number. For non-residential applicants, a REP may obtain the applicant's federal tax identification number.(C) In the event the applicant does not consent to or does not provide any of the information listed in subparagraph (B) of this paragraph, the enrollment shall be deemed invalid and the REP shall not submit a switch or move-in request for the applicant's service.(D) If a REP has solicited service for prepaid service, an actual pre-payment by a customer may be substituted for a telephonic verification, provided that the pre-payment is not taken at the time of the solicitation by the sales representative that has obtained the authorization from the customer, and the REP has obtained a written LOA from the customer and can produce documentation of the pre-payment. The REP shall not submit a move-in or switch request until it has received the prepayment from the customer. (i) Record retention.(1) A REP or aggregator shall maintain non-public records of each applicant's authorization and verification of enrollment for 24 months from the date of the REP's initial enrollment of the applicant and shall provide such records to the applicant, customer, or commission staff, upon request. (2) A REP or an aggregator shall submit copies of its sales script, terms of service document, and any other materials used to obtain a customer's authorization or verification to the commission staff upon request. In the event commission staff request documents under this subsection, the requested records must be delivered to the commission staff within 15 days of the written request, unless otherwise agreed to by commission staff.(3) In the event an applicant or customer disputes an enrollment or switch, the REP shall provide to the applicant or customer proof of the applicant's or customer's authorization within five business days of the request.(j) Right of rescission. A REP shall promptly provide the applicant with the terms of service document after the applicant has authorized the REP to provide service to the applicant and the authorization has been verified. For switch requests, the REP shall offer the applicant a right to rescind the terms of service without penalty or fee of any kind for a period of three federal business days after the applicant's receipt of the terms of service document. The provider may assume that any delivery of the terms of service document deposited first class with the United States Postal Service will be received by the applicant within three federal business days. Any REP receiving an untimely notice of rescission from the applicant shall inform the applicant that the applicant has a right to select another REP and may do so by contacting that REP. The REP shall also inform the applicant that the applicant will be responsible for charges from the REP for service provided until the applicant switches to another REP. The right of rescission is not applicable to an applicant requesting a move-in.(k) Submission of an applicant's switch or move-in request to the registration agent. A REP shall submit a move-in or switch request to the registration agent so that the move-in or switch will be processed on the approximate scheduled date agreed to by the applicant and as allowed by the tariff of the TDU, municipally owned utility, or electric cooperative. A REP shall submit an applicant's switch request to the registration agent as a standard switch. In the alternative, the REP shall submit an applicant's switch request as a self-selected switch if the applicant requests a specific date for a switch, consistent with the applicable transmission and distribution tariff. A REP may submit an applicant's switch request to the registration agent prior to the expiration of the rescission period prescribed by subsection (j) of this section, provided that if the customer makes a timely request to cancel service the REP shall take action to ensure that the switch is canceled or the customer is promptly returned to its chosen REP without inconvenience or additional cost to the customer. The applicant shall be informed of the approximate scheduled date that the applicant will begin receiving electric service from the REP, and of any delays in meeting that date, if known by the REP.(l) Duty of the registration agent.(1) When the registration agent receives a move-in or switch request from a REP, the registration agent shall process that request in accordance with this section and its protocols, to the extent that the protocols are consistent with this section. The registration agent shall send a switch notification notice to the applicant that shall:(A) be worded in English and Spanish consistent with §25.473(d) of this title (relating to Non-English Language Requirements);(B) identify the REP that initiated the switch request; and(C) provide the names and telephone numbers for the gaining and losing REP.(2) The registration agent shall direct the TDU to implement any switch, move-in, or transfer to the REP or the POLR in accordance with this section and its protocols.(m) Exemptions for certain transfers. The provisions of this section relating to authorization and right of rescission are not applicable when the applicant's or customer's electric service is: (1) transferred to the POLR pursuant to §25.43 of this title (relating to Provider of Last Resort (POLR)) when the customer's REP of record defaults or otherwise ceases to provide service. Nothing in this subsection implies that the customer is accepting a contract with the POLR for a specific term; (2) transferred to the competitive affiliate of the POLR pursuant to §25.43(o) of this title;(3) transferred to another REP in accordance with section §25.493 of this title (relating to Acquisition and Transfer of Customers from One Retail Electric Provider to Another); or (4) transferred from one premise to another premise without a change in REP and without a material change in the terms of service. (n) Fees. A REP, other than a municipally owned utility or an electric cooperative, shall not charge a fee to an applicant to switch to, select, or enroll with the REP unless an applicant without a Provisioned Advanced Meter requests an out-of-cycle meter read for the purpose of a self-selected switch. The registration agent shall not charge a fee to the end-use customer for the switch or enrollment process performed by the registration agent. The TDU shall not charge a fee for a review or adjustment described in subsection (p)(2) of this section. To the extent that the TDU assesses a REP a properly tariffed charge for connection of service, out-of-cycle meter read for self-selected switch requests, service order cancellations, or changes associated with the switching of service or the establishment of new service, any such fee may be passed on to the applicant or customer by the REP. A TDU shall not assess to a REP or an applicant any costs associated with a switch cancellation, including inadvertent gain fees, that results from the applicant's exercise of the three-day right of rescission. The TDU shall include such costs in the cost recovery mechanism described in subsection (o) of this section.(o) TDU cost recovery. The TDU may recover the reasonable costs associated with performing meter reads for purposes of a standard switch through one of the following two options at the TDU's discretion:(1) TDU costs associated with performing standard meter reads for the purpose of switches, to the extent not reflected in base rates, shall be considered costs incurred in deploying advanced metering functionality and are to be considered in setting a surcharge established under PURA §39.107 (h) and §25.130 of this title (relating to Advanced Metering). The costs shall be included in the annual reports filed pursuant to §25.130(k)(5) of this title as actual costs spent to date in the deployment of Advanced Metering Systems (AMS) and shall be considered in setting, reconciling and or updating the AMS surcharge pursuant to §25.130(k) of this title; or,(2) a TDU shall create a regulatory asset for the expenses associated with performing standard meter reads for the purpose of switches pursuant to this subsection. Upon review of reasonableness and necessity, a reasonable level of amortization of such a regulatory asset, including carrying charges, shall be included as a recoverable cost in the TDU's rates in its next rate case or such other rate recovery proceeding as deemed necessary.(p) Meter reads for the purpose of a standard switch.(1) Beginning December 1, 2009, a TDU shall perform actual, as opposed to estimated, meter reads for at least 80% of meter reads for the purpose of a standard switch in any given month, and at least 95% of meter reads for the purpose of a standard switch in any calendar year, exclusive of remote meter reads using advanced meters. Until December 1, 2009, a TDU may perform estimated meter reads for standard switch requests only for residential customers, exclusive of customers with meters that have remote read capability. A TDU shall use best efforts to perform as many actual reads as possible for standard switches.(2) Notwithstanding §25.214 of this title (relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities), an estimated meter read for the purpose of a standard switch is not subject to adjustment, except as provided in subparagraph (A) or (B) of this paragraph. A customer is obligated to pay a bill based upon an estimated meter read for the purpose of a switch, including any adjustment made pursuant to subparagraph (A) or (B) of this paragraph.(A) The TDU shall adjust the estimated meter read if the losing REP's billed usage is greater than the total kilowatt-hours used by the customer in the TDU monthly meter read cycle during which the estimate was made.(B) Only upon the receipt of a customer dispute of the estimated usage to either the gaining or losing REP, either REP may request the TDU to review the estimate. In reviewing the estimate, the TDU shall promptly calculate the average actual kWh usage per day for the time period from the actual meter reading occurring prior to the estimated reading to the actual meter reading occurring after the estimated reading. The TDU shall determine whether the usage per day for the estimated period prior to the switch is at least 25% greater than, or 25% less than, the average actual kWh usage per day. If so, the TDU shall promptly adjust the estimated meter read. The TDU may adjust an estimate that does not meet this 25% threshold, on a non-discriminatory basis.(C) The TDU shall apply a reasonable methodology in making adjustments pursuant to subparagraphs (A) and (B) of this paragraph and shall make the methodology available to REPs. Consistent with any meter read adjustments, the TDU shall adjust its invoices to the affected REP or REPs.(3) A TDU shall file performance reports with the commission as part of the information filed under §25.88 of this title (relating to Retail Market Performance Measure Reporting). These reports shall show by month the number and percentages of actual and estimated meter reads for the purpose of switches, and whether that month's performance was in compliance with paragraph (1) of this subsection.(q) Scheduled switch date. Once a TDU notifies the REPs of a scheduled switch date, the TDU shall perform an actual or estimated read of the customer's meter for that date.", "sourceNote": "Source Note: The provisions of this §25.474 adopted to be effective August 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective July 5, 2009, 34 TexReg 4306; amended to be effective November 28, 2011, 36 TexReg 7982; amended to be effective March 8, 2017, 42 TexReg 1011." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207416", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.475", "label": "General Retail Electric Provider Requirements and Information Disclosures to Residential and Small Commercial Customers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "140227", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. The requirements of this section apply to retail electric providers (REPs) in connection with the provision of service and marketing to residential and small commercial customers. When specifically stated, the requirements of this section apply to brokers, aggregators, and transmission and distribution utilities (TDUs). The requirements for an additional notice to residential customers of contract expiration is effective for contracts entered into on or after September 1, 2021. REPs must comply with the requirements set forth in §25.475(e)(2)(B)(ii), (e)(2)(C)(iii), (v), (vi), (vii), (h)(4), (h)(6)(C), and the requirements set forth under §25.475(e)(1) for contracts entered into with small commercial customers by April 1, 2022. Contracts entered into prior to the effective date of these provisions must comply with the provisions of this section in effect at the time the contracts were executed.(b) Definitions. The definitions set forth in §25.5 (relating to Definitions) and §25.471(d) (relating to General Provisions of Customer Protection Rules) of this title apply to this section. In addition, the following words and terms, when used in this section have the following meanings, unless the context indicates otherwise.(1) Contract--The terms of service document, the Electricity Facts Label (EFL), Your Rights as a Customer document (YRAC), and the documentation of enrollment pursuant to §25.474 of this title (relating to Selection of Retail Electric Provider), and, if applicable, Prepaid Disclosure Statement (PDS).(2) Contract documents--The terms of service, EFL, YRAC, and, if applicable, PDS.(3) Contract expiration--The time when the initial term contract is completed. A new contract is initiated when the customer begins receiving service pursuant to the new EFL.(4) Contract term--The time period the contract is in effect.(5) Fixed rate product--A retail electric product with a term of at least three months for which the price (including all recurring charges and ancillary service charges) for each billing period of the contract term is the same throughout the contract term, except that the price may vary from the disclosed amount solely to reflect actual changes in TDU charges, changes to the Electric Reliability Council of Texas (ERCOT) or Texas Regional Entity, Inc. administrative fees charged to loads or changes resulting from federal, state or local laws that impose new or modified fees or costs on a REP that are beyond the REP's control. The price may not vary from the disclosed amount to reflect changes in ancillary service charges unless the commission expressly designates a specific type of ancillary service product as incurring charges beyond the REP's control for a customer's existing contract.(6) Indexed product--A retail electric product for which the price, including recurring charges, can vary according to a pre-defined pricing formula that is based on publicly available indices or information and is disclosed to the customer, and to reflect actual changes in TDU charges, changes to the ERCOT or Texas Regional Entity administrative fees charged to loads or changes resulting from federal, state or local laws or regulatory actions that impose new or modified fees or costs on a REP that are beyond the REPs control. An indexed product may be for a term of three months or more, or may be a month-to-month contract.(7) Month-to-month contract--A contract with a term of 31 days or less. A month-to-month contract may not contain a termination fee or penalty.(8) Price--The cost for a retail electric product that includes all recurring charges, including the cost of ancillary services, excluding state and local sales taxes, and reimbursement for the state miscellaneous gross receipts tax.(9) Recurring charge--A charge for a retail electric product that is expected to appear on a customer's bill in every billing period or appear in three or more billing periods in a twelve month period. A charge is not considered recurring if it will be billed by the TDU and passed on to the customer and will either not be applied to all customers of that class within the TDU territory, or cannot be known until the customer enrolls or requests a specific service.(10) Term contract--A contract with a term in excess of 31 days.(11) Variable price product--A retail product for which price may vary according to a method determined by the REP, including a product for which the price, can increase no more than a defined percentage as indexed to the customer's previous billing month's price. For residential customers, a variable price product can be only a month-to-month contract.(12) Wholesale Indexed Product--A retail electric product in which the price a customer pays for electricity includes a direct pass-through of real-time settlement point prices determined by the independent organization certified under the Public Utility Regulatory Act (PURA) §39.151 for the ERCOT power region.(c) General Retail Electric Provider requirements.(1) General Disclosure Requirements.(A) All written, electronic, and oral communications, including advertising, websites, direct marketing materials, billing statements, terms of service, EFLs, YRACs, and, if applicable, PDSs distributed by a REP or aggregator must be clear and not misleading, fraudulent, unfair, deceptive, or anti-competitive. Prohibited communications include, but are not limited to:(i) Using the term or terms \"fixed\" to market a product that does not meet the definition of a fixed rate product.(ii) Suggesting, implying, or otherwise leading someone to believe that a REP or aggregator has been providing retail electric service prior to the time the REP or aggregator was certified or registered by the commission.(iii) Suggesting, implying or otherwise leading someone to believe that receiving retail electric service from a REP will provide a customer with better quality of service from the TDU.(iv) Falsely suggesting, implying or otherwise leading someone to believe that a person is a representative of a TDU or any REP or aggregator.(v) Falsely suggesting, implying or otherwise leading someone to believe that a contract has benefits for a period of time longer than the initial contract term.(B) Written and electronic communications must not refer to laws, including commission rules without providing a link or website address where the text of those rules are available. All printed advertisements, electronic advertising over the Internet, and websites, must include the REP's certified name or commission authorized business name, or the aggregator's registered name, and the number of the certification or registration.(C) The terms of service, EFL, YRAC , and, if applicable, PDS must be provided to each customer upon enrollment. Each document must be provided to the customer whenever a change is made to the specific document and upon a customer's request, at any time free of charge.(D) A REP must retain a copy of each version of the terms of service, EFL, YRAC, and, if applicable, PDS during the time the plan is in effect for a customer and for four years after the contract ceases to be in effect for any customer. REPs must provide such documents at the request of the commission or its staff.(2) General contracting requirements.(A) Each terms of service, EFL, and YRAC must be complete, be written in language that is clear, plain and easily understood, and be printed in paragraphs of no more than 250 words in a font no smaller than 10 point. References to laws including commission rules in these documents must include a link or website address to the full text of the applicable law or rule.(B) Each contract document must be available to the commission to post on its customer education website if the REP chooses to post offers to the website.(C) A contract is limited to service to a customer at a location specified in the contract. If the customer moves from the location, the customer is under no obligation to continue the contract at another location. The REP may require a customer to provide evidence that it is moving to another location. There must be no early termination fee assessed to the customer as a result of the customer's relocation if the customer provides a forwarding address and, if required, reasonable evidence that the customer no longer occupies the location specified in the contract.(D) A terms of service document and EFL must disclose the type of product being described, using one of the following terms: fixed rate product or a variable price product.(E) A REP must not use a credit score, a credit history, or utility payment data as the basis for determining the price for electric service for a product with a contract term of 12 months or less for an existing residential customer or in response to an applicant's request to become a residential customer.(F) In any dispute between a customer and a REP concerning the terms of a contract, any vagueness, obscurity, or ambiguity in the contract will be construed in favor of the customer.(G) For a variable price product, the REP must disclose on the REP's website and through a toll-free number the current price and, for residential customers, one year price history, or history for the life of the product, if it has been offered less than one year. A REP must not rename a product in order to avoid disclosure of price history. The EFL of a variable price product must include a notice of how the current price and, if applicable, historical price information may be obtained by a customer.(H) A REP must comply with its contracts.(3) Specific contract requirements.(A) The contract term must be conspicuously disclosed.(B) The start and end dates of the contract must be available to the customer upon request. If the REP cannot determine the start date, the REP may estimate the start date. After the start date is known, the REP must specify the end date of the contract by:(i) specifying a calendar date; or(ii) reference to the first meter read on or after a specific calendar date.(C) If a REP specifies a calendar date as the end date, the REP may bill the term contract price through the first meter read on or after the end date of the contract.(D) Each contract for service must include the terms of the default renewal product that the customer will be automatically enrolled in if the customer does not select another retail electric product before the expiration of the contract term after the customer has received all required expiration notices.(E) If a REP does not provide proper notice of the expiration of a fixed rate contract and the customer does not select another REP before expiration of the contract term, the REP must continue to serve the customer under the pricing terms of the fixed rate product until the REP provides notice in accordance with applicable requirements of subsection I(2)(A)(i) or (ii) or the customer selects another retail electric product.(F) A REP, aggregator, or broker is prohibited from offering:(i) an indexed product to a residential or small commercial customer on or after February 1, 2022; or(ii) a wholesale indexed product to a residential or small commercial customer on or after September 1, 2021.(4) Website requirements.(A) Each REP that offers residential retail electric products for enrollment on its website must prominently display the EFL for any products offered without a person having to enter any personal information other than zip code and information that allows determination of the type of offer the consumer wishes to review. Person-specific information must not be required.(B) The EFL for each product must be printable in no more than a two-page format. The EFL, terms of service, YRAC, and, if applicable, PDS for any products offered for enrollment on the website must be available for viewing or downloading.(d) Changes in contract and price and notice of changes. A REP may make changes to the terms and conditions of a contract or to the price of a product as provided for in this section. Changes in term (length) of a contract require the customer to enter into a new contract and may not be made by providing the notice described in paragraph (3) of this subsection.(1) Contract changes other than price.(A) A REP may not change the price (other than as allowed by paragraph (2) of this subsection) or contract term of a term contract for a retail electric product, during its term; but may change any other provision of the contract, with notice under paragraph (3) of this subsection.(B) A REP may not change the terms and conditions of a variable price month-to-month product unless it provides notice under paragraph (3) of this subsection.(2) Price changes.(A) A REP may only change the price of a fixed rate product or a variable product consistent with the definitions in this section and according to the product's EFL. Such price changes do not require notice under paragraph (3) of this subsection.(B) For a fixed rate product, each bill must either show the price changes on one or more separate line items, or must include a conspicuous notice stating that the amount billed may include price changes allowed by law or regulatory actions.(C) Each residential bill for a variable price product must include a statement informing the customer how to obtain information about the price that will apply on the next bill.(3) Notice of changes to terms and conditions. A REP must provide written notice to its customers at least 14 days in advance of the date that the change in the contract will be applied to the customer's bill or take effect. Notice is not required for a change that benefits the customer.(4) Contents of the notice to change terms and conditions. The notice must:(A) be provided in or with the customer's bill or in a separate document;(B) include the following statement, \"Important notice regarding changes to your contract\" clearly and conspicuously in the notice;(C) identify the change and the specific contract provisions that address the change;(D) clearly specify what actions the customer needs to take if the customer does not accept the proposed changes to the contract;(E) state in bold lettering that if the new terms are not acceptable to the customer, the customer may terminate the contract and no termination penalty may apply for 14 days from the date that the notice is sent to the customer but may apply if action is taken after the 14 days have expired. No such statement is required if the customer would not be subject to a termination penalty under any circumstances; and(F) state in bold lettering that establishing service with another REP may take up to seven business days.(e) Contract expiration and renewal offers.(1) Notice Timeline for Expiration of a Fixed Rate Product.(A) For fixed rate products, the REP must provide the customer with at least three written notices of the date the fixed rate product will expire. The notices must be provided during the last third of the fixed rate contract period and in intervals that allow for, as practicable, even distribution of the notices throughout the last third of the fixed rate contract period. For contracts with a period of 12 months or longer, the first notice may be provided up to three months prior to the contract end date. For fixed rate contracts for a period:(i) Of more than four months, the final notice must be provided at least 30 days before the date the fixed rate contact will expire.(ii) Of four or fewer months, the final notice must be provided at least 15 days before the date the fixed rate contract will expire.(iii) For a small commercial customer, the final notice must be provided at least 14 days before the fixed rate contract will expire.(B) The notices must be provided to the customer by mail at the customer's billing address, unless the customer has opted to receive communications electronically from the REP.(C) If a REP does not provide the required notice of the expiration of a customer's fixed rate contract and the customer does not select another retail electric product before expiration of the fixed rate contract term, the REP must continue serving the customer under the terms of the fixed rate contract until the REP provides notice in accordance with applicable requirements of subsection (e)(1)(A)(i) or (ii), or until the customer selects another retail electric product.(2) Contract Expiration.(A) If a customer takes no action in response to the final notice of contract expiration for the continued receipt of retail electric service upon the contract's expiration, the REP must serve the customer pursuant to a default renewal product that is a month-to-month product that the customer may cancel at any time without a fee. The month-to-month product price may vary between billing cycles based on clear terms designed to be easily understood by the average customer.(B) Written notice of contract expiration must be provided in or with the customer's bill, or in a separate document.(i) If notice is provided with a residential customer's bill, the notice must be printed on a separate page. A statement must be included in a manner readily visible on the outside of the envelope sent to a residential customer's billing address by mail and in the subject line on the e-mail (if the REP sends the notice by e-mail) that states, \"Contract Expiration Notice. See Enclosed.\"(ii) If the notice is provided in or with a small commercial customer's bill, the REP must include a statement in a manner readily visible on the outside of the billing envelope or in the subject line of an electronic bill that states, \"Contract Expiration Notice\" or \"Contract Expiration Notice. See Enclosed.\"; or(iii) For residential and small commercial customers, if notice is provided in a separate document, a statement must be included in a manner readily visible on the outside of the envelope and in the subject line of the e-mail (if customer has agreed to receive official documents by e-mail) that states, \"Contract Expiration Notice. See Enclosed.\"(C) A written notice of contract expiration (whether with the bill or in a separate envelope) must set out the following:(i) The date, in boldfaced and underlined text, as provided for in subsection (c)(3)(B) of this section that the existing contract will expire.(ii) If the REP provided a calendar date as the end date for the contract, a statement in bold lettering no smaller than 12 point font that no termination penalty must apply to residential and small commercial customers 14 days prior to the date stated as the expiration date in the notice. In addition, a description of any fees or charges associated with the early termination of a residential customer's fixed rate product that would apply before 14 days prior to the date stated as the expiration date in the notice must be provided. No such statements are required if the original contract did not contain a termination fee.(iii) If the REP defined the contract end date by reference to the first meter read on or after a specific calendar date, a statement in bold lettering no smaller than 12 point font that no termination penalty applies to residential customers for 14 days prior to the date provided as the \"on or after\" date included in connection with the first meter read language referenced in the notice, or that no termination penalty applies to small commercial customers for 14 days prior to the contract end date. No such statement is required if the original contract did not contain a termination fee.(iv) A description of any renewal offers the REP chooses to make available to the customer and the location of the terms of service and EFL for each of those products and a description of actions the customer needs to take to continue to receive service from the REP under the terms of any of the described renewal offers and the deadline by which actions must be taken.(v) The final notice provided pursuant to subsection (e)(2) must include a copy of the EFL for the default renewal product if the customer takes no action or if the EFL is not included with the contract expiration notice, the REP must provide the EFL to the customer at least 14 days before the expiration of the contract using the same delivery method as was used for the notice. The contract expiration notice must specify how and when the EFL will be made available to the customer.(vi) The final notice provided pursuant to subsection (e)(2) must include a statement that if the customer takes no action, service to the customer will continue pursuant to the EFL for the default renewal product that must be included as part of the notice of contract expiration. The terms of service for the default renewal product must be included as part of the notice, unless the terms of service applicable to the customer's existing service also applies to the default renewal product.(vii) The final notice provided pursuant to subsection (e)(2) must include a statement that the default service is month-to month and may be cancelled at any time with no fee.(3) Affirmative consent. A customer that is currently receiving service from a REP may be re-enrolled with the REP for service with the same product under which the customer is currently receiving service, or a different product, by conducting an enrollment pursuant to §25.474 of this title or by obtaining the customer's consent in a recording, electronic document, or written letter of authorization consistent with the requirements of this subsection. Affirmative consent is not required when a REP serves the customer under a default renewal product pursuant to paragraph (1) of this subsection. Each recording, electronic document, or written consent form must:(A) Indicate the customer's name, billing address, service address (for small commercial customers, the ESI ID may be used rather than the service address);(B) Indicate the identification number of the terms of service and EFL under which the customer will be served;(C) Indicate if the customer has received, or when the customer will receive copies of the terms of service, EFL, YRAC, and, if applicable, PDS;(D) Indicate the price(s) which the customer is agreeing to pay;(E) Indicate the date or estimated date of the re-enrollment, the contract term, and the estimated start and end dates of contract term;(F) Affirmatively inquire whether the customer has decided to enroll for service with the product, and contain the customer's affirmative response; and(G) Be entirely in plain, easily understood language, in the language that the customer has chosen for communications.(f) Terms of service document. The following information must be conspicuously contained in the terms of service:(1) Identity and contact information. The REP's certified name and business name (dba) (if applicable), mailing address, e-mail and Internet address (if applicable), certification number, and a toll-free telephone number (with hours of operation and time-zone reference).(2) Pricing and payment arrangements.(A) Description of the amount of any routine non-recurring charges resulting from a move-in or switch that may be charged to the customer, including but not limited to an out-of-cycle meter read, and connection or reconnection fees;(B) For small commercial customers, a description of the demand charge and how it will be applied, if applicable;(C) An itemization, including name and cost, of any non-recurring charges for services that may be imposed on the customer for the retail electric product, including an application fee, charges for default in payment or late payment, and returned checks charges;(D) A description of any collection fees or costs that may be assessed to the customer by the REP and that cannot be quantified in the terms of service; and(E) A description of payment arrangements and bill payment assistance programs offered by the REP.(3) Deposits. If the REP requires deposits from its customers:(A) a description of the conditions that will trigger a request for a deposit;(B) the maximum amount of the deposit or the manner in which the deposit amount will be determined;(C) a statement that interest will be paid on the deposit at the rate approved by the commission, and the conditions under which the customer may obtain a refund of a deposit;(D) an explanation of the conditions under which a customer may establish satisfactory credit pursuant to §25.478 of this title (relating to Credit Requirements and Deposits); and(E) if applicable, the customer's right to post a letter of guarantee in lieu of a deposit pursuant to §25.478(i) of this title.(4) Rescission, Termination and Disconnection.(A) In a conspicuous and separate paragraph or box:(i) A description of the right of a customer, for switch requests, to rescind service without fee or penalty of any kind within three federal business days after receiving the terms of service, pursuant to §25.474 of this title; and(ii) Detailed instructions for rescinding service, including the telephone number and, if available, facsimile number or e-mail address that the customer may use to rescind service.(B) A statement as to how service can be terminated and any penalties that may apply;(C) A statement of the customer's ability to terminate service without penalty if the customer moves to another premises and provides evidence that it is moving, if required, and a forwarding address; and(D) If the REP has disconnection authority, pursuant to §25.483 of this title (relating to Disconnection of Service), a statement that the REP may order disconnection of the customer for non-payment.(5) Antidiscrimination. A statement informing the customer that the REP cannot deny service or require a prepayment or deposit for service based on a customer's race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location of a customer in a economically distressed geographic area, or qualification for low income or energy efficiency services. For residential customers, a statement informing the customer that the REP cannot use a credit score, a credit history, or utility payment data as the basis for determining the price for electric service for a product with a contract term of 12 months or less.(6) Other terms. Any other material terms and conditions, including exclusions, reservations, limitations of liability, or special equipment requirements, that are a part of the contract for the retail electric product.(7) Contract expiration notice. For a term contract, the terms of service must contain a statement informing the customer that a contract expiration notice will be sent at least 14 days prior to the end of the initial contract term. The terms of service must also state that if the customer fails to take action to ensure the continued receipt of retail electric service upon the contract's expiration, the customer will continue to be served by the REP automatically pursuant to a default renewal product, which must be a month-to-month product.(8) A statement describing the conditions under which the contract can change and the notice that will be provided if there is a change.(9) Version number. A REP must assign an identification number to each version of its terms of service, and must publish the number on the terms of service document.(g) Electricity Facts Label. The EFL must be unique for each product offered and must include the information required in this subsection. Nothing in this subsection precludes a REP from charging a price that is less than its EFL would otherwise provide.(1) Identity and contact information. The REP's certified name and business name (dba) (if applicable), mailing address, e-mail and Internet address (if applicable), certification number, and a toll-free telephone number (with hours of operation and time-zone reference).(2) Pricing disclosures. Pricing information must be disclosed by a REP in an EFL. The EFL must state specifically whether the product is a fixed rate or variable price product.(A) For a fixed rate product, the EFL must provide the total average price for electric service reflecting all recurring charges, excluding state and local sales taxes, and reimbursement for the state miscellaneous gross receipts tax, to the customer.(B) For a variable price product, the EFL must provide the total average price for electric service for the first billing cycle reflecting all recurring charges, including any TDU charges that may be passed through and excluding state and local sales taxes, and reimbursement for the state miscellaneous gross receipts tax, to the customer. Actual changes in TDU charges, changes to the ERCOT or Texas Regional Entity administrative fees charge to loads or changes resulting from federal, state or local laws or regulatory actions that impose new or modified fees or costs on a REP that were not implemented prior to the issuance of the EFL and were not included in the average price calculation may be directly passed through to customers beginning with the customer's first billing cycle.(C) The total average price for electric service must be expressed in cents per kilowatt hour, rounded to the nearest one-tenth of one cent for the following usage levels:(i) For residential customers, 500, 1,000 and 2,000 kilowatt hours per month; and(ii) For small commercial customers, 1,500, 2,500, and 3,500 kilowatt hours per month. If demand charges apply assume a 30 percent load factor.(D) If a REP combines the charges for retail electric service with charges for any other product, the REP must:(i) If the electric product is sold separately from the other products, disclose the total price for electric service separately from other products; and(ii) If the REP does not permit a customer to purchase the electric product without purchasing the other products or services, state the total charges for all products and services as the price of the total electric service. If the product has a one-time cost up front, for the purposes of the average price calculation, the cost of the product may be figured in over a 12-month period with 1/12 of the cost being attributed to a single month.(E) The following must be included on the EFL for specific product types:(i) For a variable price product that increases no more than a defined percentage as indexed to the customer's previous billing month's price, a notice in bold type no smaller than 12 point font: \"Except for price changes allowed by law or regulatory action, this price is the price that will be applied during your first billing cycle; this price may increase by no more than {insert percentage} percent from month-to-month.\" For residential customers, the following additional statement is required: \"Please review the historical price of this product available at {insert specific website address and toll-free telephone number}.\" In the disclosure chart, the box describing whether the price can change during the contract period must include the following statement: \"The price applied in the first billing cycle may be different from the price in this EFL if there are changes in TDSP charges; changes to the Electric Reliability Council of Texas or Texas Regional Entity, Inc. administrative fees charged to loads; or changes resulting from federal, state or local laws or regulatory actions that impose new or modified fees or costs that are outside our control.\"(ii) For all other variable price products, a notice in bold type no smaller than 12 point font: \"Except for price changes allowed by law or regulatory action, this price is the price that will be applied during your first billing cycle; this price may change in subsequent months at the sole discretion of {insert REP name}. In the disclosure chart, the box describing whether the price can change during the contract period must include the following statement: \"The price applied in the first billing cycle may be different from the price in this EFL if there are changes in TDSP charges; changes to the Electric Reliability Council of Texas or Texas Regional Entity administrative fees charged to loads; or changes resulting from federal, state or local laws or regulatory actions that impose new or modified fees or costs that are outside our control.\" For residential customers, the following additional statement is required: \"Please review the historical price of this product available at {insert specific website address and toll-free telephone number}.\"(3) Fee Disclosures.(A) If customer may be subject to a special charge for underground service or any similar charge that applies only in a part of the TDU service area, the EFL must include a statement in the electricity price section that some customers will be subject to a special charge that is not included in the total average price for electric service and must disclose how the customer can determine the price and applicability of the special charge.(B) A listing of all fees assessed by the REP that may be charged to the customer and whether the fee is included in the recurring charges.(4) Term Disclosure. EFL must include disclosure of the length of term, minimum service term, if any, and early termination penalties, if any.(5) Renewable Energy Disclosures. The EFL must include the percentage of renewable energy of the electricity product and the percentage of renewable energy of the statewide average generation mix.(6) Format of Electricity Facts Label. REPs must use the following format for the EFL with the pricing chart and disclosure chart shown. The additional language is for illustrative purposes. It does not include all reporting requirements as outlined above. Such subsections should be referred to for determination of the required reporting items on the EFL. Each EFL must be printed in type no smaller than ten points in size, unless a different size is specified in this section, and must be formatted as shown in this paragraph:Attached Graphic(7) Version number. A REP must assign an identification number to each version of its EFL, and must publish the number on the EFL.(h) Your Rights as a Customer disclosure. The information set out in this section must be included in a REP's \"Your Rights as a Customer\" document in plain language, to summarize the standard customer protections provided by this subchapter or additional protections provided by the REP.(1) A YRAC document must be consistent with the terms of service for the retail product.(2) The YRAC document must inform the customer of the REP's complaint resolution policy pursuant to §25.485 of this title (relating to Customer Access and Complaint Handling) and payment arrangements and deferred payment policies pursuant to §25.480 of this title (relating to Bill Payment and Adjustments).(3) The YRAC document must inform the customer of the REP's procedures for reporting outages and the steps necessary to have service restored or reconnected after an involuntary suspension or disconnection.(4) The YRAC must provide information the REP has received from the TDU pursuant to PURA §17.003(e) regarding the TDU's procedures for implementing involuntary load shedding initiated by the independent organization certified under PURA §39.151 for the ERCOT power region, and, if applicable, where any additional details regarding those procedures or relevant updates may be located. The REP may fulfill this requirement by providing a website address with the required information. Each TDU must develop such information and resources by September 1, 2021 and make the website address where such information can be viewed available to REPs. A REP may provide this information at a website address other than the website addresses made available by the TDUs. A TDU or other entity providing a website address is required to update this information within 30 days of any material change in the information.(5) The YRAC document must inform the customer of the customer's right to have the meter tested pursuant to §25.124 of this title (relating to Meter Testing), or in accordance with the tariffs of a transmission and distribution utility, a municipally owned utility, or an electric cooperative, as applicable, and the REP's ability in all cases to make that request on behalf of the customer by a standard electronic market transaction, and the customer's right to be instructed on how to read the meter, if applicable.(6) The YRAC document must inform the customer of the availability of:(A) Financial and energy assistance programs for residential customers;(B) Any special services such as readers or notices in Braille or TTY;(C) Special policies or programs available to residential customers designated as chronic condition or critical care under §25.497 of this title and the procedure for a customer to apply to be considered for such designations; and(D) Any available discounts that may be offered by the REP for qualified low-income residential customers. A REP may comply with this requirement by providing the customer with instructions for how to inquire about such discounts.(7) The YRAC document must inform the customer of the following customer rights and protections:(A) Unauthorized switch protections applicable under §25.495 of this title (relating to Unauthorized Change of Retail Electric Provider);(B) The customer's right to dispute unauthorized charges on the customer's bill as set forth in §25.481 of this title (relating to Unauthorized Charges);(C) Protections relating to disconnection of service pursuant to §25.483 of this title;(D) Non-English language requirements pursuant to §25.473 of this title (relating to Non-English Language Requirements);(E) Availability of a Do Not Call List pursuant to §25.484 of this title (relating to Electric No-Call List) and §26.37 of this title (relating to Texas No-Call List); and(F) Privacy rights regarding customer proprietary information as provided by §25.472 of this title (relating to Privacy of Customer Information).(8) Identity and contact information. The REP's certified name and business name (dba), certification number, mailing address, e-mail and Internet address (if applicable), and a toll-free telephone number (with hours of operation and time-zone reference) at which the customer may obtain information concerning the product.(i) Advertising claims. If a REP or aggregator advertises or markets the specific benefits of a particular electric product, the REP or aggregator must provide the name of the electric product offered in the advertising or marketing materials to the commission or its staff, upon request. All advertisements and marketing materials distributed by or on behalf of a REP or aggregator must comply with this section. REPs and aggregators are responsible for representations to customers and prospective customers by employees or other agents of the REP concerning retail electric service that are made through advertising, marketing or other means.(1) Print advertisements. Print advertisements and marketing materials, including direct mail solicitations that make any claims regarding price, savings, or environmental quality for an electricity product of the REP compared to a product offered by another REP must include the EFL of the REP making the claim. In lieu of including an EFL, the following statement must be provided: \"You can obtain important standardized information that will allow you to compare this product with other offers. Contact (name, telephone number, and Internet address (if available) of the REP).\" If the REPs phone number or website address is included on the advertisement, such phone number or website address is not required in the disclaimer statement. Upon request, a REP must provide to the commission the contract documents relating to a product being advertised and any information used to develop or substantiate comparisons made in the advertisement.(2) Television, radio, and internet advertisements. A REP must include the following statement in any television, Internet, or radio advertisement that makes a specific claim about price, savings, or environmental quality for an electricity product of the REP compared to a product offered by another REP: \"You can obtain important standardized information that will allow you to compare this product with other offers. Contact (name, telephone number and website (if available) of the REP).\" If the REPs phone number or website address is included on the advertisement, such phone number or website address is not required in the disclaimer statement. This statement is not required for general statements regarding savings or environmental quality, but must be provided if a specific price is included in the advertisement, or if a specific statement about savings or environmental quality compared to another REP is made. Upon request, a REP must provide to the commission the contract documents relating to a product being advertised and any information used to develop or substantiate comparisons made in the advertisement.(3) Outdoor advertisements. A REP must include, in a font size and format that is legible to the intended audience, its certified name or commission authorized business name, certification number, telephone number and Internet address (if available).(4) Renewable energy claims. A REP must authenticate its sales of renewable energy in accordance with §25.476 of this title (relating to Renewable and Green Energy Verification). If a REP relies on supply contracts to authenticate its sales of renewable energy, it must file a report with the commission, not later than March 15 of each year demonstrating its compliance with this paragraph and §25.476 of this title.", "sourceNote": "Source Note: The provisions of this §25.475 adopted to be effective March 16, 2009, 34 TexReg 1806; amended to be effective April 1, 2010, 35 TexReg 221; amended to be effective May 13, 2018, 43 TexReg 3001; amended to be effective January 6, 2022, 46 TexReg 9242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "140227", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.476", "label": "Renewable and Green Energy Verification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111341", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish the procedures by which retail electric providers (REPs) calculate and compose their renewable content pursuant to §25.475 of this title (relating to General Retail Electric Provider Requirements and Information Disclosures to Residential and Small Commercial Customers) and to establish guidelines and verification for claims of \"green\" products. (b) Application. (1) This section applies to all REPs. Additionally, some of the reporting requirements established in this section apply to the registration agent and to all owners of generation assets as defined in subsection (c) of this section. (2) Nothing in this section shall be construed as protecting a REP against prosecution under deceptive trade practices statutes. (3) In accordance with the Public Utility Regulatory Act (PURA) §39.001(b)(4), the commission and the registration agent will ensure the confidentiality of competitively sensitive information, reported to the commission or the registration agent under this section. (c) Definitions. The definitions set forth in §25.471(d) of this title (relating to General Provisions of Customer Protection Rules) apply to this section. In addition, the following words and terms, when used in this section, shall have the following meanings unless the context indicates otherwise: (1) Default scorecard--The estimated fuel mix and environmental impact of all electricity in Texas that is not authenticated by retiring renewable energy credits (RECs). (2) Generation owner--A power generation company, river authority, municipally owned utility, electric cooperative, or any other entity that owns electric generating facilities in the state of Texas. (3) Generator scorecard--The aggregated fuel mix and environmental impact of all generating facilities located in Texas that are owned by the same generation owner. (4) New product--An electricity product during the first year it is marketed to customers. (5) Renewable energy credit offset (REC offset)--A non-tradable allowance as defined and created by §25.173 of this title (relating to Goal for Renewable Energy). For the purposes of this section, a REC offset authenticates the renewable attributes, but not the quantity, of generation produced by its associated facility. (d) Marketing standards for \"green\" and \"renewable\" electricity products. (1) A REP may market an electricity product as \"green\" if: (A) All of the product's fuel mix is renewable energy as defined in PURA §39.904(d), Texas natural gas as specified in PURA §39.904(d)(2), or a combination thereof; and (B) All statements representing the product as \"green,\" if not containing 100% renewable energy, as defined in PURA §39.904(d), include a footnote, parenthetical note, or other obvious disclaimer that \"A 'green' product may include Texas natural gas and renewable energy.\" (2) A REP may market an electricity product as \"renewable\" or label an electricity product on the EFL as \"renewable\" only if: (A) All of the product's fuel mix is renewable energy as defined in PURA §39.904(d); or (B) All statements representing the product as \"renewable\" use the format \"x% renewable,\" where \"x\" is the product's renewable energy fuel mix percentage. (3) If a REP makes marketing claims about a product's \"green\" content on the basis of its use of natural gas as a fuel, the REP must include with the report required under subsection (f)(1) of this section proof that the natural gas used to generate the electricity was produced in Texas. (e) Compilation of scorecard data. (1) The registration agent shall create and maintain a database of generator scorecards reflecting each generation owner's company-wide fuel mix and environmental impact data based on generating facilities located in Texas. (2) Each generation owner's fuel mix and environmental impact data for the preceding calendar year shall be published on the registration agent's Internet web site by April 1 of each year and shall state: (A) the percentage of MWhs generated from each of the following fuel sources: coal and lignite, natural gas, nuclear, renewable energy, and other sources; and (B) the MWh-weighted average annual emissions rates in pounds per 1,000 kWh for the aggregate generation sources of the generation owner for carbon dioxide, nitrogen oxides, particulates, sulfur dioxide, and spent nuclear fuel produced (with spent nuclear fuel annualized using standard industry conversion factors). (3) Not later than March 1 of each year, each generation owner shall report to the registration agent the following data for the preceding calendar year: net generation in MWh from each of its generating units in Texas; the type of fuel used by each of its generating units in Texas; and the MWh-weighted average annual emissions rate, on an aggregate basis for all of its generating units in Texas (in pounds per 1,000 kWh) for carbon dioxide, nitrogen oxides, particulates, sulfur dioxide, and nuclear waste. For purposes of calculating its average emissions rates, each generation owner shall rely upon emissions data that it submits to the United States Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), or the best available data if the generation owner does not submit pertinent data to the EPA or TCEQ. A generation owner shall not be required to submit information to the registration agent regarding the net generation of its generating units located within the Electric Reliability Council of Texas (ERCOT) region if, upon request, the registration agent advises the owner of generation assets that it already has such information available from its polled settlement meter data. (4) Not later than April 1 of each year, the registration agent shall calculate and publish on its Internet website a state average fuel mix, statewide system average emission rates for each type of emission, and a default scorecard to account for all electric generation in the state that is not authenticated as defined in subsection (c)(1) of this section. (A) The default fuel mix shall be the percentage of total MWh of generation not authenticated that has been obtained from each fuel type. (B) Default emission rates for each type of emission shall be calculated by dividing total pounds of emissions or waste by total MWh, using data only for generation not authenticated. (f) Calculating renewable generation and authenticating \"green\" claims. (1) Not later than March 15 of each year, each REP shall report to the registration agent attestations from power generators that the natural gas used to generate electricity supplied to the REP was produced in Texas, if during the preceding calendar year and the current calendar year the REP markets \"green\" electricity on the basis of that power. (2) For power purchased from sources outside of Texas, a supply contract between a REP and the owner of a generating facility may be used to authenticate the fuel mix for electricity generated at that facility and sold at retail in Texas. (A) The contract must identify a specific generating facility from which the REP has obtained electricity that it sold to retail customers in Texas during the preceding calendar year. (B) A REP that intends to rely upon a supply contract with an out-of-state generator to authenticate fuel mix shall submit a report to the registration agent for the specified generating facility no later than March 1 of each year that reports the facility's annual fuel mix. (3) For the purposes of EFL disclosures, the retirement of RECs shall be the only method of authenticating generation for which a REC has been issued under §25.173 of this title. The retirement of a REC shall be equivalent to one megawatt-hour of generation from renewable resources. The use of RECs to authenticate the use of renewable fuels must be consistent with REC account information maintained by the Renewable Energy Credits Trading Program Administrator. A REC offset may be used to authenticate the renewable attributes of the current MWh output from its associated supply contract. (4) In determining the renewable content percentages to be disclosed on the EFL for a product pursuant to §25.475 of this title, the REP shall rely upon the following sources of information: the Texas State Average Fuel Mix published by the registration agent under subsection (e) of this section; retired RECs; and actual energy production during the calendar year from resources that are awarded REC offsets by the REC program administrator. The REP may also rely on power purchased from sources outside of Texas, if it has a supply contract with the owner of a generating facility and submits a report to the registration agent concerning the fuel mix of the facility, in accordance with this section. (5) If a REP offers multiple electricity products that differ with regard to renewable energy content the REP: (A) may apply any supply contract to the calculation of any product EFL as long as the sum of MWh applied does not exceed the MWh acquired under the contract; and (B) may apply any number of RECs to the calculation of any product EFL as long as: (i) the number of RECs applied to all product EFLs is consistent with the number of RECs the retailer has retired with the REC Trading Program Administrator; and (ii) the number of RECs applied to each product EFL results in a renewable energy content for each product that is equal to or greater than a benchmark to be calculated from data maintained by the REC Trading Program Administrator. The benchmark shall be defined on an annual basis as: Attached Graphic(6) Any REP may anticipate the renewable content of a new product. The EFL shall state that the renewable content is an estimate that will be verified. (g) Fuel Mix for Renewable Energy. (1) The fuel mix percentage for renewable energy shall be disclosed on the EFL for the product pursuant to §25.475 of this title. The percentage used shall be rounded to the nearest whole number. (2) Renewable energy claims. A REP may authenticate its sales of renewable energy by requesting that the program administrator of the renewable energy credits trading program established pursuant to §25.173(d) of this title retire a renewable energy credit for each megawatt-hour of renewable energy sold to its customers. (h) Annual update. Each REP shall update its EFL for each of its currently offered products or products offered during the preceding calendar year no later than July 1 of each year, so that the EFL displays the renewable energy percentages determined pursuant to this section and reported to the registration agent for that product for generation purchased during the preceding calendar year. (i) Compliance and enforcement. (1) Upon request from the commission staff, a REP shall provide a detailed explanation or accounting of the means by which it has authenticated any renewable or \"green\" energy claims in an EFL or any information used for marketing a product. (2) The commission shall coordinate its enforcement efforts regarding the prosecution of fraudulent, misleading, deceptive, and anticompetitive business practices with the Office of the Attorney General, Consumer Protection Division in order to ensure consistent treatment of specific alleged violations.", "sourceNote": "Source Note: The provisions of this §25.476 adopted to be effective October 16, 2001, 26 TexReg 8026; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 16, 2009, 34 TexReg 1806." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111341", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.477", "label": "Refusal of Electric Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190918", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acceptable reasons to refuse electric service. A retail electric provider (REP) may refuse to provide electric service to an applicant or customer for one or more of the reasons specified in this subsection:(1) Customer's or applicant's inadequate facilities. The customer's or applicant's installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given, or the customer's or applicant's facilities do not comply with all applicable state and municipal regulations.(2) Use of prohibited equipment or attachments. The customer or applicant fails to comply with the transmission and distribution utility's, municipally owned utility's, or electric cooperative's tariff pertaining to operation of nonstandard equipment or unauthorized attachments that interfere with the service of others.(3) Intent to deceive. The applicant applies for service at a location where another customer received, or continues to receive, service and the REP can reasonably demonstrate that the change of account holder and billing name is made to avoid or evade payment of a bill owed to the REP.(4) For indebtedness. The applicant or customer owes a bona fide debt to the REP for electric service. An affiliated REP or provider of last resort (POLR) shall offer the applicant or customer an opportunity to pay the outstanding debt to receive service. In the event the applicant's or customer's indebtedness is in dispute, the applicant or customer shall be provided service upon paying the undisputed debt amount and a deposit pursuant to §25.478 of this title (relating to Credit Requirements and Deposits).(5) Failure to pay guarantee. An applicant or customer has acted as a guarantor for another applicant or customer and failed to pay the guaranteed amount, where such guarantee was made in writing and was a condition of service.(6) Failure to comply with credit requirements. The applicant or customer fails to comply with the credit and deposit requirements set forth in §25.478 of this title.(7) Other acceptable reasons to refuse electric service. In addition to the reasons specified in paragraphs (1) - (6) of this subsection, a REP other than the affiliated REP or POLR may refuse to provide electric service to an applicant or customer for any other reason that is not otherwise discriminatory pursuant to §25.471(c) of this title (relating to General Provisions of Customer Protection Rules).(b) Insufficient grounds for refusal to serve. The following reasons are not sufficient cause for refusal of service to an applicant or customer by a REP:(1) delinquency in payment for electric service by a previous occupant of the premises to be served;(2) failure to pay for any charge that is not related to electric service, including a competitive energy service, merchandise, or other services that are optional and are not included in electric service;(3) failure to pay a bill that includes more than the allowed six months of underbilling, unless the underbilling is the result of theft of service; and(4) failure to pay the unpaid bill of another customer for usage incurred at the same address, except where the REP has reasonable and specific grounds to believe that the applicant or customer that currently receives service has applied for service to avoid or evade payment of a bill issued to a current occupant of the same address.(c) Disclosure upon refusal of service.(1) A REP that denies electric service to an applicant or customer shall inform the applicant or customer of the reason for the denial. Upon the applicant's or customer's request, this disclosure shall be furnished in writing to the applicant or customer. This disclosure may be combined with any disclosures required by applicable federal or state law, such as the Equal Credit Opportunity Act (15 U.S.C. §1691(d), et seq.) or the Fair Credit Reporting Act (15 U.S.C. §1681(m), et seq.).(2) A written disclosure is not required when the REP notifies the applicant or customer verbally that the applicant's or customer's premise is not located in a geographic area served by REP, does not have the type of usage characteristics served by the REP, or is not part of a customer class served by the REP.(3) Specifically, the REP shall inform the applicant or customer:(A) of the specific reasons for the refusal of service;(B) that the applicant or customer may be eligible for service if the applicant or customer remedies the reasons for refusal and complies with the REP's terms and conditions of service;(C) that the REP cannot refuse service based on the prohibited grounds set forth in §25.471(c) of this title;(D) that an applicant or customer who is dissatisfied may submit a complaint with the commission pursuant to §25.485 of this title (relating to Customer Access and Complaint Handling); and(E) of the possible availability or existence of other providers and the toll-free telephone number designated by the commission to allow the applicant or customer to contact the available REPs.(d) This section is effective June 1, 2004.", "sourceNote": "Source Note: The provisions of this §25.477 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective June 1, 2004, 29 TexReg 4756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190918", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.478", "label": "Credit Requirements and Deposits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207417", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Credit requirements for residential customers. A retail electric provider (REP) may require a residential customer or applicant to establish and maintain satisfactory credit as a condition of providing service pursuant to the requirements of this section.(1) Establishment of satisfactory credit shall not relieve any customer from complying with the requirements for payment of bills by the due date of the bill.(2) The credit worthiness of spouses established during shared service in the 12 months prior to their divorce will be equally applied to both spouses for 12 months immediately after their divorce.(3) A residential customer or applicant seeking to establish service with an affiliated REP or provider of last resort (POLR) can demonstrate satisfactory credit using one of the criteria listed in subparagraphs (A) through (E) of this paragraph.(A) A residential customer or applicant may be deemed as having established satisfactory credit if the customer or applicant:(i) has been a customer of any REP or an electric utility within the two years prior to the request for electric service;(ii) is not delinquent in payment of any such electric service account; and(iii) during the last 12 consecutive months of service was not late in paying a bill more than once.(B) A residential customer or applicant may be deemed as having established satisfactory credit if the customer or applicant possesses a satisfactory credit rating obtained through a consumer reporting agency, as defined by the Federal Trade Commission.(C) A residential customer or applicant may be deemed as having established satisfactory credit if the customer or applicant is 65 years of age or older and the customer is not currently delinquent in payment of any electric service account.(D) A residential customer or applicant may be deemed as having established satisfactory credit if the customer or applicant has been determined to be a victim of family violence as defined in the Texas Family Code §71.004, by a family violence center as defined in Texas Human Resources Code §51.002, by treating medical personnel, by law enforcement personnel, by the Office of a Texas District Attorney or County Attorney, by the Office of the Attorney General, or by a grantee of the Texas Equal Access to Justice Foundation. This determination shall be evidenced by submission of a certification letter developed by the Texas Council on Family Violence. The certification letter may be submitted directly by use of a toll-free fax number to the affiliated REP or POLR.(E) A residential customer or applicant seeking to establish service may be deemed as having established satisfactory credit if the customer is medically indigent. In order for a customer or applicant to be considered medically indigent, the customer or applicant must make a demonstration that the following criteria are met. Such demonstration must be made annually:(i) the customer's or applicant's household income must be at or below 150% of the poverty guidelines as certified by a governmental entity or government funded energy assistance program provider; and(ii) the customer or applicant or the spouse of the customer or applicant must have been certified by that person's physician as being unable to perform three or more activities of daily living as defined in 22 TAC §224.4, or the customer's or applicant's monthly out-of-pocket medical expenses must exceed 20% of the household's gross income. For the purposes of this subsection, the term \"physician\" shall mean any medical doctor, doctor of osteopathy, nurse practitioner, registered nurse, state-licensed social workers, state-licensed physical and occupational therapists, and an employee of an agency certified to provide home health services pursuant to 42 U.S.C. §1395 et seq.(4) A residential customer or applicant seeking to establish service with a REP other than an affiliated REP or POLR can demonstrate satisfactory credit using one of the criteria listed in subparagraphs (A) through (B) of this paragraph. Notice of these options for customers or applicants shall be included in any written or oral notice to a customer or applicant when a deposit is requested. A REP other than an affiliated REP or POLR may establish additional methods by which a customer or applicant not meeting the criteria of subparagraphs (A) or (B) of this paragraph can demonstrate satisfactory credit, so long as such criteria are not discriminatory pursuant to §25.471(c) of this title (relating to General Provisions of Customer Protection Rules).(A) The residential customer or applicant is 65 years of age or older and the customer is not currently delinquent in payment of any electric service account.(B) The customer or applicant has been determined to be a victim of family violence as defined in the Texas Family Code §71.004, by a family violence center as defined in Texas Human Resources Code §51.002, by treating medical personnel, by law enforcement personnel, by the Office of a Texas District Attorney or County Attorney, by the Office of the Attorney General, or by a grantee of the Texas Equal Access to Justice Foundation. This determination shall be evidenced by submission of a certification letter developed by the Texas Council on Family Violence. The certification letter may be submitted directly by use of a toll-free fax number to the REP.(5) The REP may obtain payment history information from any REP that has served the applicant in the previous two years or from a consumer reporting agency, as defined by the Federal Trade Commission. The REP shall obtain the customer's or applicant's authorization prior to obtaining such information from the customer's or applicant's prior REP. A REP shall maintain payment history information for two years after a customer's electric service has been terminated or disconnected in order to be able to provide credit history information at the request of the former customer.(b) Credit requirements for non-residential customers. A REP may establish nondiscriminatory criteria pursuant to §25.471(c) of this title to evaluate the credit requirements for a non-residential customer or applicant and apply those criteria in a nondiscriminatory manner. If satisfactory credit cannot be demonstrated by the non-residential customer or applicant using the criteria established by the REP, the customer may be required to pay an initial or additional deposit. No such deposit shall be required if the customer or applicant is a governmental entity.(c) Initial deposits for applicants and existing customers.(1) If satisfactory credit cannot be demonstrated by a residential applicant, a REP may require the applicant to pay a deposit prior to receiving service.(2) An affiliated REP or POLR shall offer a residential customer or applicant who is required to pay an initial deposit the option of providing a written letter of guarantee pursuant to subsection (i) of this section, instead of paying a cash deposit.(3) A REP shall not require an initial deposit from an existing customer unless the customer was late paying a bill more than once during the last 12 months of service or had service terminated or disconnected for nonpayment during the last 12 months of service. The customer may be required to pay this initial deposit within ten days after issuance of a written disconnection notice that requests such deposit. The disconnection notice may be combined with or issued concurrently with the request for deposit. The disconnection notice shall comply with the requirements in §25.483(m) of this title (relating to Disconnection of Service).(d) Additional deposits by existing customers.(1) A REP may request an additional deposit from an existing customer if:(A) the average of the customer's actual billings for the last 12 months are at least twice the amount of the original average of the estimated annual billings; and(B) a termination or disconnection notice has been issued or the account disconnected within the previous 12 months.(2) A REP may require the customer to pay an additional deposit within ten days after the REP has requested the additional deposit.(3) A REP may disconnect service if the additional deposit is not paid within ten days of the request, provided a written disconnection notice has been issued to the customer. A disconnection notice may be combined with or issued concurrently with the written request for the additional deposit. The disconnection notice shall comply with the requirements in §25.483(m) of this title.(e) Amount of deposit.(1) The total of all deposits, initial and additional, required by a REP from any residential customer or applicant:(A) shall not exceed an amount equivalent to the greater of:(i) one-fifth of the customer's estimated annual billing; or(ii) the sum of the estimated billings for the next two months.(B) A REP may base the estimated annual billing for initial deposits for applicants on a reasonable estimate of average usage for the customer class. If a REP requests additional or initial deposits from existing customers, the REP shall base the estimated annual billing on the customer's actual historical usage, to the extent that the historical usage is available. After 12 months of service with a REP, a customer may request that a REP recalculate the required deposit based on actual historical usage of the customer.(2) For the purpose of determining the amount of the deposit, the estimated billings shall include only charges for electric service that are disclosed in the REP's terms of service document provided to the customer or applicant.(f) Interest on deposits. A REP that requires a deposit pursuant to this section shall pay interest on that deposit at an annual rate at least equal to that set by the commission on or before December 1 of the preceding calendar year, pursuant to Texas Utilities Code §183.003 (relating to Rate of Interest). If a deposit is refunded within 30 days of the date of deposit, no interest payment is required. If the REP keeps the deposit more than 30 days, payment of interest shall be made from the date of deposit.(1) Payment of the interest to the customer shall be made annually, if requested by the customer, or at the time the deposit is returned or credited to the customer's account.(2) The deposit shall cease to draw interest on the date it is returned or credited to the customer's account.(g) Notification to customers. When a REP requires a customer to pay a deposit, the REP shall provide the customer written information about the provider's deposit policy, the customer's right to post a guarantee in lieu of a cash deposit if applicable, how a customer may be refunded a deposit, and the circumstances under which a provider may increase a deposit. These disclosures shall be included either in the Your Rights as a Customer disclosure or the REP's terms of service document.(h) Records of deposits.(1) A REP that collects a deposit shall keep records to show:(A) the name and address of each depositor;(B) the amount and date of the deposit; and(C) each transaction concerning the deposit.(2) A REP that collects a deposit shall issue a receipt of deposit to each customer or applicant paying a deposit or reflect the deposit on the customer's bill statement. A REP shall provide means for a depositor to establish a claim if the receipt is lost.(3) A REP shall maintain a record of each unclaimed deposit for at least four years.(4) A REP shall make a reasonable effort to return unclaimed deposits.(i) Guarantees of residential customer accounts. A guarantee agreement in lieu of a cash deposit issued by any REP, if applicable, shall conform to the following requirements:(1) A guarantee agreement between a REP and a guarantor shall be in writing and shall be for no more than the amount of deposit the provider would require on the customer's account pursuant to subsection (e) of this section. The amount of the guarantee shall be clearly indicated in the signed agreement. The REP may require, as a condition of the continuation of the guarantee agreement, that the guarantor remain a customer of the REP, have no past due balance, and have no more than one late payment in a 12-month period during the term of the guarantee agreement.(2) The guarantee shall be voided and returned to the guarantor according to the provisions of subsection (j) of this section.(3) Upon default by a residential customer, the guarantor of that customer's account shall be responsible for the unpaid balance of the account only up to the amount agreed to in the written agreement.(4) If the guarantor ceases to be a customer of the REP or has more than one late payment in a 12-month period during the term of the guarantee agreement, the provider may treat the guarantee agreement as in default and demand a cash deposit from the residential customer as a condition of continuing service.(5) The REP shall provide written notification to the guarantor of the customer's default, the amount owed by the guarantor, and the due date for the amount owed.(A) The REP shall allow the guarantor 16 days from the date of notification to pay the amount owed on the defaulted account. If the sixteenth day falls on a holiday or weekend, the due date shall be the next business day.(B) The REP may transfer the amount owed on the defaulted account to the guarantor's own electric service bill provided the guaranteed amount owed is identified separately on the bill as required by §25.479 of this title (relating to Issuance and Format of Bills).(6) The REP may initiate disconnection for nonpayment of the guaranteed amount only if the disconnection of service was disclosed in the written guarantee agreement, and only after proper notice as described by paragraph (5) of this subsection or §25.483 of this title.(j) Refunding deposits and voiding letters of guarantee.(1) A deposit held by a REP shall be refunded when the customer has paid bills for service for 12 consecutive residential billings or for 24 consecutive non-residential billings without having any late payments. A REP may refund the deposit to a customer via a bill credit. REPs shall comply with this provision as soon as practicable, but no later than August 31, 2004.(2) Once the REP is no longer the REP of record for a customer or if service is not established with the REP, the REP shall either transfer the deposit plus accrued interest to the customer's new REP or promptly refund the deposit plus accrued interest to the customer, as agreed upon by the customer and both REPs. The REP may subtract from the amount refunded any amounts still owed by the customer to the REP. If the REP obtained a guarantee, such guarantee shall be cancelled to the extent that it is not needed to satisfy any outstanding balance owed by the customer. Alternatively, the REP may provide the guarantor with written documentation that the contract has been cancelled to the extent that the guarantee is not needed to satisfy any outstanding balance owed by the customer.(3) If a customer's or applicant's service is not connected, or is disconnected, or the service is terminated by the customer, the REP shall promptly void and return to the guarantor all letters of guarantee on the account or provide written documentation that the guarantee agreement has been voided, or refund the customer's or applicant's deposit plus accrued interest on the balance, if any, in excess of the unpaid bills for service furnished. Similarly, if the guarantor's service is not connected, or is disconnected, or the service is terminated by the customer, the REP shall promptly void and return to the guarantor all letters of guarantee or provide written documentation that the guarantees have been voided. This provision does not apply when the customer or guarantor moves or changes the address where service is provided, as long as the customer or guarantor remains a customer of the REP.(4) A REP shall terminate a guarantee agreement when the customer has paid its bills for 12 consecutive months without service being disconnected for nonpayment and without having more than two delinquent payments.(k) Re-establishment of credit. A customer or applicant who previously has been a customer of the REP and whose service has been terminated or disconnected for nonpayment of bills or theft of service by that customer (meter tampering or bypassing of meter) may be required, before service is reinstated, to pay all amounts due to the REP or execute a deferred payment agreement, if offered, and reestablish credit.(l) Upon sale or transfer of company. Upon the sale or transfer of a REP or the designation of an alternative POLR for the customer's electric service, the seller or transferee shall provide the legal successor to the original provider all deposit records.", "sourceNote": "Source Note: The provisions of this §25.478 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective September 12, 2002, 27 TexReg 8428; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective April 25, 2005, 30 TexReg 2386; amended to be effective March 23, 2006, 31 TexReg 2143; amended to be effective July 2, 2006, 31 TexReg 5279; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective August 19, 2012, 37 TexReg 6006; amended to be effective March 10, 2016, 41 TexReg 1681; amended to be effective May 13, 2018, 43TexReg 3001." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207417", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.479", "label": "Issuance and Format of Bills" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190920", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to a retail electric provider (REP) that is responsible for issuing electric service bills to retail customers, unless the REP is issuing a consolidated bill (both energy services and transmission and distribution services) on behalf of an electric cooperative or municipally owned utility. This section does not apply to a municipally owned utility or electric cooperative issuing bills to its customers in its own service territory.(b) Frequency and delivery of bills.(1) A REP must issue a bill monthly to each customer unless service is provided for a period of less than one month. A REP may issue a bill less frequently than monthly if both the customer and the REP agree to such an arrangement.(2) A bill must be issued no later than 30 days after the REP receives the usage data and any related invoices for non-bypassable charges, unless validation of the usage data and invoice received from a transmission and distribution utility by the REP or other efforts to determine the accuracy of usage data or invoices delay billing by a REP past 30 days. The number of days to issue a bill must be extended beyond 30 days to the extent necessary to support agreements between REPs and customers for less frequent billing, as provided in paragraph (1) of this subsection or for consolidated billing.(3) A REP must issue bills to residential customers in writing and delivered via the United States Postal Service. REPs may provide bills to a customer electronically in lieu of written mailings if both the customer and the REP agree to such an arrangement. An affiliated REP or a provider of last resort must not require a customer to agree to such an arrangement as a condition of receiving electric service.(4) A REP must not charge a customer a fee for issuing a standard bill, which is a bill delivered via U.S. mail that complies with the requirements of this section. The customer may be charged a fee or given a discount for non-standard billing in accordance with the terms of service document.(c) Bill content.(1) Each customer's bill must include the following information:(A) The certified name and address of the REP and the number of the license issued to the REP by the commission;(B) A toll-free telephone number, in bold-face type, which the customer can call during specified hours for inquiries and to make complaints to the REP about the bill;(C) A toll-free telephone number that the customer may call 24 hours a day, seven days a week, to report power outages and concerns about the safety of the electric power system;(D) The service address, electric service identifier (ESI), and account number of the customer;(E) The service period for which the bill is rendered;(F) The date on which the bill was issued;(G) The payment due date of the bill and, if different, the date by which payment from the customer must be received by the REP to avoid a late charge or other collection action;(H) The current charges for electric service as disclosed in the customer's terms of service document, including applicable taxes and fees labeled \"current charges.\" If the customer is on a level or average payment plan, the level or average payment due must be clearly shown in addition to the current charges;(I) A calculation of the average unit price for electric service for the current billing period, labeled, \"The average price you paid for electric service this month.\" The calculation of the average price for electric service must reflect the total of all fixed and variable recurring charges, but not include state and local sales taxes, reimbursement for the state miscellaneous gross receipts tax, and any nonrecurring charges or credits, divided by the kilowatt-hour consumption, and must be expressed as a cents per kilowatt-hour amount rounded to the nearest one-tenth of one cent.(J) The identification and itemization of charges other than for electric service as disclosed in the customer's terms of service document;(K) The itemization and amount of any non-recurring charge, including late fees, returned check fees, restoration of service fees, or other fees disclosed in the REP's terms of service document provided to the customer;(L) The balances from the preceding bill, payments made by the customer since the preceding bill, and the amount the customer is required to pay by the due date, labeled \"amount due;\"(M) A notice that the customer has the opportunity to voluntarily donate money to the bill payment assistance program, pursuant to §25.480(g)(2) of this title ( relating to Bill Payment and Adjustments);(N) If available to the REP on a standard electronic transaction, if the bill is based on kilowatt-hour (kWh) usage, the following information:(i) the meter reading at the beginning of the period for which the customer is being billed, labeled \"previous meter read,\" and the meter reading at the end of the period for which the customer is being billed, labeled \"current meter read,\" and the dates of such readings;(ii) the kind and number of units measured, including kWh, actual kilowatts (kW), or kilovolt ampere (kVa);(iii) if applicable, billed kW or kVa;(iv) whether the bill was issued based on estimated usage; and(v) any conversions from meter reading units to billing units, or any other calculations to determine billing units from recording or other devices, or any other factors used in determining the bill, unless the customer is provided conversion charts;(O) Any amount owed under a written guarantee agreement, provided the guarantor was previously notified in writing by the REP of an obligation on a guarantee as required by §25.478 of this title (relating to Credit Requirements and Deposits);(P) A conspicuous notice of any services or products being provided to the customer that have been added since the previous bill;(Q) Notification of any changes in the customer's prices or charges due to the operation of a variable rate feature previously disclosed by the REP in the customer's terms of service document;(R) The notice required by §25.481(d) of this title (relating to Unauthorized Charges); and(S) For residential customers, on the first page of the bill in at least 12-point font the phrase, \"for more information about residential electric service please visit www.powertochoose.com.\"(2) If a REP separately identifies a charge defined by one of the terms in this paragraph on the customer's bill, then the term in this paragraph must be used to identify that charge, and such term and its definition must be easily located on the REP's website and available to a customer free of charge upon request. Nothing in this paragraph precludes a REP from aggregating transmission and distribution utility (TDU) or REP charges. For any TDU charge(s) listed in this paragraph, the amount billed by the REP must not exceed the amount of the TDU tariff charge(s). The label for any TDU charge(s) may also identify the TDU that issued the charge(s). A REP may use a different term than a defined term by adding or deleting a suffix, by adding the word \"total\" to a defined term, where appropriate, changing the use of lower­case or capital letters or punctuation, or using the acceptable abbreviation specified in this paragraph for a defined term. If an abbreviation other than the acceptable abbreviation is used for the term, then the term must also be identified on the customer's bill.(A) Advanced metering charge--A charge assessed to recover a TDU's charges for Advanced Metering Systems, to the extent that they are not recovered in a TDU's standard metering charge. Acceptable abbreviation: Advanced Meter.(B) Competition Transition Charge--A charge assessed to recover a TDU's charges for nonsecuritized costs associated with the transition to competition. Acceptable abbreviation: Competition Transition.(C) Energy Efficiency Cost Recovery Factor--A charge assessed to recover a TDU's costs for energy efficiency programs, to the extent that the TDU charge is a separate charge exclusively for that purpose that is approved by the Public Utility Commission. Acceptable abbreviation: Energy Efficiency.(D) Late Payment Penalty--A charge assessed for late payment in accordance with Public Utility Commission rules.(E) Meter Charge--A charge assessed to recover a TDU's charges for metering a customer's consumption, to the extent that the TDU charge is a separate charge exclusively for that purpose that is approved by the Public Utility Commission.(F) Miscellaneous Gross Receipts Tax Reimbursement--A fee assessed to recover he miscellaneous gross receipts tax imposed on retail electric providers operating in an incorporated city or town having a population of more than 1,000. Acceptable abbreviation: Gross Receipts Reimb.(G) Nuclear Decommissioning Fee--A charge assessed to recover a TDU's charges for decommissioning of nuclear generating sites. Acceptable abbreviation: Nuclear Decommission.(H) PUC Assessment--A fee assessed to recover the statutory fee for administering the Public Utility Regulatory Act.(I) Sales tax--Sales tax collected by authorized taxing authorities, such as the state, cities and special purpose districts.(J) TDU Delivery Charges--The total amounts assessed by a TDU for the delivery of electricity to a customer over poles and wires and other TDU facilities not including discretionary charges.(K) Transmission Distribution Surcharges--One or more TDU surcharge(s) on a customer's bill in any combination. Surcharges include charges billed as tariff riders by the TDU. Acceptable abbreviation: TDU Surcharges.(L) Transition Charge--A charge assessed to recover a TDU's charges for securitized costs associated with the transition to competition.(3) If the REP includes any of the following terms in its bills, the term must be applied in a manner consistent with the definitions, and such term and its definition must be easily located on the REP's website and available to a customer free of charge upon request:(A) Base Charge--A charge assessed during each billing cycle without regard to the customer's demand or energy consumption.(B) Demand Charge--A charge based on the rate at which electric energy is delivered to or by a system at a given instant, or averaged over a designated period, during the billing cycle.(C) Energy Charge--A charge based on the electric energy (kWh) consumed.(4) A REP must provide an itemization of charges, including non-bypassable charges, to the customer upon the customer's request and, to the extent that the charges are consistent with the terms set out in paragraph (2), of this subsection, the terms must be used in the itemization.(5) A customer's electric bill must not contain charges for electric service from a service provider other than the customer's designated REP.(6) A REP must include on each residential and small commercial billing statement, in boldfaced and underlined type, the date, as provided for in §25.475(c)(3)(B) of this title (relating to General Retail Electric Provider Requirements and Information Disclosure to Residential and Small Commercial Customers) that a fixed rate product will expire.(7) To the extent that a REP uses the concepts identified in this paragraph in a customer's bill, it must use the term set out in this paragraph, and the definitions in this paragraph must be easily located on the REP's website. A REP may not use a different term for a concept that is defined in this paragraph.(A) kW--Kilowatt, the standard unit for measuring electricity demand, equal to 1,000 watts;(B) kWh--Kilowatt-hour, the standard unit for measuring electricity energy consumption, equal to 1,000 watt-hours; and(8) Notice of contract expiration may be provided in a bill in accordance with §25.475 of this title.(d) Public service notices. A REP must, as required by the commission after reasonable notice, provide brief public service notices to its customers. The REP must provide these public service notices to its customers on its billing statements, as a separate document issued with its bill, by electronic communication, or by other acceptable mass communication methods, as approved by the commission. Additionally, in April and October of each year, or as otherwise directed by the commission, the REP must provide information to each customer along with the customer's bill about:(1) The electric utility's procedures for implementing involuntary load shedding initiated by the independent organization certified for the ERCOT power region under PURA §39.151;(2) The types of customers who may be considered critical care residential customers, critical load industrial customers, or critical load according to commission rules adopted under PURA §38.076;(3) The procedure for a customer to apply to be considered a critical care customer, a critical load industrial customer, or critical load according to commission rules adopted under PURA §38.076; and(4) Reducing electricity use at times when involuntary load shedding events may be implemented.(e) Estimated bills. If a REP is unable to issue a bill based on actual meter reading due to the failure of the TDU, the registration agent, municipally owned utility or electric cooperative to obtain or transmit a meter reading or an invoice for non-bypassable charges to the REP on a timely basis, the REP may issue a bill based on the customer's estimated usage and inform the customer of the reason for the issuance of the estimated bill.(f) Non-recurring charges. A REP may pass through to its customers all applicable non-recurring charges billed to the REP by a TDU, municipally owned utility, or electric cooperative as a result of establishing, switching, disconnecting, reconnecting, or maintaining service to an applicant or customer. In the event of a meter test, the TDU, municipally owned utility, electric cooperative, and REP must comply with the requirements of §25.124 of this title (relating to Meter Testing) or with the requirements of the tariffs of a TDU, municipally owned utility, or electric cooperative, as applicable. The TDU, municipally owned utility, or electric cooperative must maintain a record of all meter tests performed at the request of a REP or a REP's customers.(g) Record retention. A REP must maintain monthly billing and payment records for each account for at least 24 months after the date the bill is mailed. The billing records must contain sufficient data to reconstruct a customer's billing for a given period. A copy of a customer's billing records may be obtained by that customer on request, and may be obtained once per 12-month period, at no charge.(h) Transfer of delinquent balances or credits. If the customer has an outstanding balance or credit owed to the customer's current REP that is due from a previous account in the same customer class, then the customer's current REP may transfer that balance to the customer's current account. The delinquent balance and specific account or address must be identified as such on the bill. There must be no balance transfers between REPs, other than transfer of a deposit, as specified in §25.478(j)(2) of this title.", "sourceNote": "Source Note: The provisions of this §25.479 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective January 6, 2010, 35 TexReg 78; amended to be effective May 13, 2018, 43 TexReg 3001; amended to be effective January 6, 2022, 46 TexReg 9242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190920", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.480", "label": "Bill Payment and Adjustments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129554", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to a retail electric provider (REP) that is responsible for issuing electric service bills to retail customers, unless the REP is issuing a consolidated bill (both energy services and transmission and distribution services) on behalf of an electric cooperative or municipally owned utility. In addition, this section applies to a transmission and distribution utility (TDU) where specifically stated. This section does not apply to a municipally owned utility or electric cooperative issuing bills to its customers in its own service territory.(b) Bill due date. A REP shall state a payment due date on the bill which shall not be less than 16 days after issuance. A bill is considered to be issued on the issuance date stated on the bill or the postmark date on the envelope, whichever is later. A payment for electric service is delinquent if not received by the REP or at the REP's authorized payment agency by the close of business on the due date. If the 16th day falls on a holiday or weekend, then the due date shall be the next business day after the 16th day.(c) Penalty on delinquent bills for electric service. A REP may charge a one-time penalty not to exceed 5.0% on a delinquent bill for electric service. No such penalty shall apply to residential or small commercial customers served by the provider of last resort (POLR). The one-time penalty, not to exceed 5.0%, may not be applied to any balance to which the penalty has already been applied.(d) Overbilling. If charges are found to be higher than authorized in the REP's terms and conditions for service or other applicable commission rules, then the customer's bill shall be corrected.(1) The correction shall be made for the entire period of the overbilling.(2) If the REP corrects the overbilling within three billing cycles of the error, it need not pay interest on the amount of the correction.(3) If the REP does not correct the overcharge within three billing cycles of the error, it shall pay interest on the amount of the overcharge at the rate set by the commission.(A) Interest on overcharges that are not adjusted by the REP within three billing cycles of the bill in error shall accrue from the date of payment by the customer.(B) All interest shall be compounded monthly at the approved annual rate set by the commission.(C) Interest shall not apply to leveling plans or estimated billings.(4) If the REP rebills for a prior billing cycle, the adjustments shall be identified by account and billing date or service period.(e) Underbilling by a REP. If charges are found to be lower than authorized by the REP's terms and conditions of service, or if the REP fails to bill the customer for service, then the customer's bill may be corrected.(1) The customer shall not be responsible for corrected charges billed by the REP unless such charges are billed by the REP within 180 days from the date of issuance of the bill in which the underbilling occurred The REP may backbill a customer for the amount that was underbilled beyond the timelines provided in this paragraph if:(A) the underbilling is found to be the result of meter tampering by the customer; or(B) the TDU bills the REP for an underbilling as a result of meter error as provided in §25.126 of this title (relating to Adjustments Due to Non-Compliant Meters and Meter Tampering in Areas Where Customer Choice Has Been Introduced).(2) The REP may disconnect service pursuant to §25.483 of this title (relating to Disconnection of Service) if the customer fails to pay the additional charges within a reasonable time.(3) If the underbilling is $50 or more, the REP shall offer the customer a deferred payment plan option for the same length of time as that of the underbilling. A deferred payment plan need not be offered to a customer when the underpayment is due to theft of service.(4) The REP shall not charge interest on underbilled amounts unless such amounts are found to be the result of theft of service (meter tampering, bypass, or diversion) by the customer. Interest on underbilled amounts shall be compounded monthly at the annual rate, as set by the commission. Interest shall accrue from the day the customer is found to have first stolen the service.(5) If the REP adjusts the bills for a prior billing cycle, the adjustments shall be identified by account and billing date or service period.(f) Disputed bills. If there is a dispute between a customer and a REP about the REP's bill for any service billed on the retail electric bill, the REP shall promptly investigate and report the results to the customer. The REP shall inform the customer of the complaint procedures of the commission pursuant to §25.485 of this title (relating to Customer Access and Complaint Handling).(g) Alternate payment programs or payment assistance.(1) Notice required. When a customer contacts a REP and indicates inability to pay a bill or a need for assistance with the bill payment, the REP shall inform the customer of all applicable payment options and payment assistance programs that are offered by or available from the REP, such as bill payment assistance, deferred payment plans, disconnection moratoriums for the ill, or low-income energy assistance programs, and of the eligibility requirements and procedure for applying for each.(2) Bill payment assistance programs.(A) All REPs shall implement a bill payment assistance program for residential electric customers. At a minimum, such a program shall solicit voluntary donations from customers through the retail electric bills.(B) A REP shall obtain a commitment from an assistance agency selected to disburse bill payment assistance funds that the agency will not discriminate in the distribution of such funds to customers based on the customer's race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, disability, familial status, location of customer in an economically distressed geographic area, or qualification for low-income affordability or energy efficiency services.(3) A REP shall provide, in a project established by the commission, information about its voluntary bill payment assistance program for burned veterans. This information shall include the REP's name, the REP's certification number, and a toll free telephone number and website address where customers can obtain additional information. The commission will publish such information on the commission website.(h) Level and average payment plans. A REP shall make a level or average payment plan available to its customers consistent with this subsection. A customer receiving service from a provider of last resort (POLR) may be required to select a competitive product offered by the POLR REP to receive the level or average payment plan.(1) A REP shall make a level or average payment plan available to a customer who is not currently delinquent in payment to the REP. A customer is delinquent in payment in the following circumstances:(A) A customer whose normal billing arrangement provides for payment after the rendition of service is delinquent if the date specified for payment of a bill has passed and the customer has not paid the full amount due.(B) A customer whose normal billing arrangement provides for payment before the rendition of service is delinquent if the customer has a negative balance on the account for electric service.(2) A REP shall reconcile any over- or under-payment consistent with the applicable terms of service, which shall provide for reconciliation at least every twelve months. For a customer with an average payment plan, a REP may recalculate the average consumption or average bill and adjust the customer's required minimum payment as frequently as every billing period. A REP may collect under-payments associated with a level payment plan from a customer over a period no less than the reconciliation period or upon termination of service to the customer. A REP shall credit or refund any over-payments associated with a level payment plan to the customer at each reconciliation and upon termination of service to the customer. A REP may initiate its normal collection activity if a customer fails to make a timely payment according to such a level or average payment plan. All details concerning a level or average payment program shall be disclosed in the customer's terms of service document.(3) If the customer is delinquent in payment when the level or average payment plan is established, the REP may require the customer to pay no greater than 50% of the delinquent amount due. The REP may require the remaining delinquent amount to be paid by the customer in equal installments over at least five billing cycles unless the customer agrees to fewer installments or may include the remaining delinquent amount in the calculation of the level or average payment amount. If the REP requires installment payments, the REP shall provide the customer a copy of the deferred payment plan in writing as described in subsection (j)(5) of this section.(4) If the amount of the deferred balance does not appear on each bill the customer receives, the REP shall inform the customer that the customer may call the REP at any time to determine the amount that must be paid to be removed from the level or average payment plan.(5) If the customer is delinquent in payment when the level or average payment plan is established, the REP may apply a switch-hold at that time.(6) Before the REP applies a switch-hold to a customer on a level or average payment plan, the REP shall provide orally or in writing a clear explanation of the switch-hold process to the customer, prior to the customer's agreement to the plan. The explanation shall inform the customer as follows: \"If you enter into this plan concerning your past due amount, we will put a switch-hold on your account. A switch-hold means that you will not be able to buy electricity from other companies until you pay the total deferred balance. If we put a switch-hold on your account, it will be removed after your deferred balance is paid and processed. While a switch-hold applies, if you are disconnected for not paying, you will need to pay {us or company name}, to get your electricity turned back on.\"(7) If the customer is not delinquent in payment when the level or average payment plan is established, a switch-hold shall not be applied unless the plan is established pursuant to subsection (j)(2)(B)(ii) of this section.(8) The REP, through a standard market process, shall submit a request to remove the switch-hold, pursuant to subsection (m) of this section, when the customer satisfies either subparagraph (A) or (B) of this paragraph, whichever occurs earlier. On the date the REP submits the request to remove the switch-hold, the REP shall notify or send notice to the customer that the customer has satisfied the obligation to pay any deferred balance owed and the removal of the switch-hold is being processed.(A) The customer's deferred balance, including any deferred delinquent amount described in paragraph (4) of this subsection, is either zero or in an over-payment status.(B) The customer satisfies the terms of any deferred delinquent amount described in paragraph (4) of this subsection and has paid bills for 12 consecutive billings without having been disconnected and without having more than one late payment.(i) Payment arrangements. A payment arrangement is any agreement between the REP and a customer that allows a customer to pay the outstanding bill after its due date, but before the due date of the next bill. If the REP issues a disconnection notice before a payment arrangement was made, that disconnection should be suspended until after the due date for the payment arrangement. If a customer does not fulfill the terms of the payment arrangement, service may be disconnected after the later of the due date for the payment arrangement or the disconnection date indicated in the notice, without issuing an additional disconnection notice.(j) Deferred payment plans and other alternate payment arrangements.(1) A deferred payment plan is an agreement between the REP and a customer that allows a customer to pay an outstanding balance in installments that extend beyond the due date of the current bill. A deferred payment plan may be established in person, by telephone, or online, but all deferred payment plans shall be confirmed in writing by the REP in accordance with paragraph (5) of this subsection. Before the REP applies a switch-hold to a customer on a deferred payment plan, the REP shall provide a clear explanation of the switch-hold process to the customer. The explanation shall inform the customer as follows: \"If you enter into this plan concerning your past due amount, we will put a switch-hold on your account. A switch-hold means that you will not be able to buy electricity from other companies until you pay the total deferred balance. If we put a switch-hold on your account, it will be removed after your deferred balance is paid and processed. While a switch-hold applies, if you are disconnected for not paying, you will need to pay {us or company name}, to get your electricity turned back on.\"(A) A REP shall offer a deferred payment plan to customers, upon request, for bills that become due during an extreme weather emergency, pursuant to §25.483(j) of this title.(B) As directed by the commission, during a state of disaster declared by the governor pursuant to Texas Government Code §418.014, a REP shall offer a deferred payment plan to customers, upon request, in the area covered by the declaration.(C) A REP shall offer a deferred payment plan to a customer who has been underbilled, pursuant to subsection (e) of this section.(2) A REP shall make a payment plan available, upon request, to a residential customer that meets the requirements of subparagraph (A) of this paragraph for a bill that becomes due in July, August, or September. A REP shall make a payment plan available, upon request, to a residential customer that meets the requirements of subparagraph (A) of this paragraph for a bill that becomes due in January or February if in the prior month a TDU notified the commission pursuant to §25.483(j) of this title of an extreme weather emergency for the residential customer's county in the TDU service area for at least five consecutive days during the month. A REP is not required to offer a payment plan to a customer pursuant to this paragraph if the customer is on an existing deferred, level, or average payment plan.(A) The following residential customers are eligible for a payment plan under this paragraph:(i) customers designated as Critical Care Residential Customers or Chronic Condition Residential Customers under §25.497 of this title (relating to Critical Load Industrial Customers, Critical Load Public Safety Customers, Critical Care Residential Customers, and Chronic Condition Residential Customers); or(ii) customers who have expressed an inability to pay unless the customer:(I) has been disconnected during the preceding 12 months;(II) has submitted more than two payments during the preceding 12 months that were found to have insufficient funds available; or(III) has received service from the REP for less than three months, and the customer lacks:(-a-) sufficient credit; or(-b-) a satisfactory history of payment for electric service from a previous REP or utility.(B) The REP shall make available, at the customer's option, the plans described in clauses (i) and (ii) of this subparagraph.(i) A deferred payment plan with the initial payment amount no greater than 50% of the amount due. The deferred amount shall be paid by the customer in equal installments over at least five billing cycles unless the customer agrees to fewer installments.(ii) A level or average payment plan instead of requiring the balance due to be paid. The level or average payment plan shall be offered subject to the requirements of subsection (h) of this section.(C) The REP shall not seek an additional deposit as a result of a customer's entering into a deferred payment plan under this paragraph.(3) A REP shall not refuse customer participation in a deferred payment plan on any basis set forth in §25.471(c) of this title (relating to General Provisions of Customer Protection Rules).(4) A REP may voluntarily offer a deferred payment plan to customers who have expressed an inability to pay.(5) A copy of the deferred payment plan shall be provided to the customer and:(A) shall include a statement, in a clear and conspicuous type, that states \"If you are not satisfied with this agreement, or if the agreement was made by telephone and you feel this does not reflect your understanding of that agreement, contact (insert name and contact number of REP).\";(B) if a switch-hold will apply, shall include a statement, in a clear and conspicuous type, that states \"By entering into this agreement, you understand that {company name} will put a switch-hold on your account. A switch-hold means that you will not be able to buy electricity from other companies until you pay this past due amount. The switch-hold will be removed after your final payment on this past due amount is processed. While a switch-hold applies, if you are disconnected for not paying, you will need to pay {us or company name}, to get your electricity turned back on.\";(C) where the customer and the REP's representative or agent meets in person, the representative shall read the statements in subparagraph (A) and, if applicable, subparagraph (B) of this paragraph to the customer;(D) may include the one-time penalty in accordance with subsection (c) of this section but shall not include a finance charge;(E) shall state the length of time covered by the plan;(F) shall state the total amount to be paid under the plan;(G) shall state the specific amount of each installment;(H) shall state whether the amount of the deferred balance will appear on each bill the customer receives and that the customer may call the REP at any time to determine the amount that must be paid to satisfy the terms of the deferred payment plan; and(I) shall state whether there may be a disconnection of service if the customer does not fulfill the terms of the deferred payment plan, and shall state the terms for disconnection.(6) A REP may pursue disconnection of service if a customer does not meet the terms of a deferred payment plan. However, service shall not be disconnected until appropriate notice has been issued, pursuant to §25.483 of this title, notifying the customer that the customer has not met the terms of the plan. The requirements of paragraph (2) of this subsection shall not apply with respect to a customer who has defaulted on a deferred payment plan.(7) A REP may apply a switch-hold while the customer is on a deferred payment plan.(8) The REP, through a standard market process, shall submit a request to remove the switch-hold, pursuant to subsection (m) of this section, after the customer's payment of the deferred balance owed to the REP. On the day the REP submits the request to remove the switch-hold, the REP shall notify or send notice to the customer that the customer has satisfied the obligation to pay any deferred balance owed and the removal of the switch-hold is being processed.(k) Allocation of partial payments. A REP shall allocate a partial payment by the customer first to the oldest balance due for electric service, followed by the current amount due for electric service. When there is no longer a balance for electric service, payment may be applied to non-electric services billed by the REP. Electric service shall not be disconnected for non-payment of non-electric services.(l) Switch-hold.(1) A REP may request that the TDU place a switch-hold on an ESI ID to the extent allowed by subsection (h) or (j) of this section, which shall prevent a switch transaction from being completed for the ESI ID and shall prevent a move-in transaction from being completed pending documentation that the applicant for electric service is a new occupant not associated with the customer for which the switch-hold was imposed. If the REP exercises its right to disconnect service for non-payment pursuant to §25.483 of this title, the switch-hold shall continue to remain in place. The TDU shall create and maintain a secure list of ESI IDs with switch-holds that REPs may access. The list shall not include any customer information other than the ESI ID and date the switch-hold was placed. The list shall be updated daily, and made available through a secure means by the TDU. The TDU may provide this list in a secure format through the web portal developed as part of its AMS deployment.(A) The REP via a standard market process may request a switch-hold.(B) The REP shall submit a request to remove the switch-hold as required by subsections (h)(9) and (j)(8) of this section.(C) When the REP of record issues a move-out request for the flagged ESI ID, the REP of record's relationship with the ESI ID is terminated and the switch-hold shall be removed.(D) At the time of a mass transition, the TDU shall remove the switch-hold flag for any ESI ID that is transitioned to a provider of last resort (POLR) provider.(E) When the applicant for electric service is shown to be a new occupant not associated with the customer for which the switch-hold was imposed using the switch-hold process described in §25.126 of this title, the switch-hold flag shall be removed.(F) For a move-in transaction indicating that the ESI ID is subject to a continuous service agreement, the TDU shall remove any switch-hold on that ESI ID and complete the move-in.(2) In the first TX SET release after January 1, 2011, market transactions shall be developed that support the following requirements.(A) REPs may request a switch-hold as allowed by subsection (h) or (j) of this section.(B) TDUs shall provide indication of which ESI IDs have switch-holds so that during a move-in enrollment a REP can identify whether a switch-hold applies and that specific documentation must be submitted to have the switch-hold removed.(C) A move-in subject to a switch-hold can be submitted for processing when the customer initially requests the move-in and such transaction will be held in the system for final processing depending on the approval or rejection of the move-in documentation. The TDU shall notify the submitting REP that there is a switch-hold on the ESI ID.(3) The requirements of §25.475 of this title (relating to General Retail Electric Provider Requirements and Information Disclosures to Residential and Small Commercial Customers) shall continue to apply while a customer is subject to a switch-hold. The notice required by §25.475(e) of this title shall include a statement reminding the customer that if a switch-hold is in effect, the balance deferred must be paid in full before the customer will be able to change to a new provider.(4) A customer who is subject to a switch-hold shall not be charged any separate fees for a switch-hold or any customer service or administrative fees related to the switch-hold.(5) A REP shall not discriminate against any customer that is on a switch-hold in the provision of services or pricing of products. A customer on a switch-hold shall be eligible for all services and products generally available to the REPs other customers.(6) If a REP applies a switch-hold to a customer account and the customer's contract expires while under the switch-hold, the REP shall provide notice of the contract expiration as required by §25.475 of this title. Unless a customer affirmatively chooses a different product with the REP, a customer whose term product expires while the customer is subject to a switch-hold shall be moved to the lowest priced month-to-month product currently offered by the REP to new applicants, or, if the REP does not offer month-to-month products to new applicants, shall be served on a month-to-month basis at the price equivalent to the lowest price of the shortest term fixed product currently offered by the REP to new applicants. Otherwise, the REP shall request the removal of the switch-hold in compliance with subsection (m) of this section. The offers shall include those made on www.powertochoose.com. If the customer does not affirmatively choose a product, the customer shall not be required by the REP to enter into another contract term so long as the switch-hold remains on the customer account and no early termination fees shall be applied to the customer's account.(m) Placement and Removal of Switch-Holds.(1) A REP may request a switch-hold only as allowed under this section.(2) A REP shall be responsible for requesting that the TDU remove a switch-hold after the customer's obligation to the REP related to the switch-hold is satisfied. If a customer's obligation to the REP is satisfied by 10:00 p.m. on a business day, the REP shall send a request to the TDU to remove the switch-hold by Noon (12:00 p.m.) of the next business day. If the TDU receives the request by 1:00 p.m. on a business day, the TDU shall remove the switch-hold by 8:00 p.m. of the same business day in which it receives the request to remove the switch-hold from the REP.(3) The REP shall submit a request to remove a switch-hold pursuant to subsection (l)(6) of this section to the TDU, such that the TDU will remove the switch-hold on or before the customer's contract expiration date.(4) If a REP erroneously places a switch-hold flag on an ESI ID, thus preventing a legitimate switch, or does not remove the switch-hold within the timeline described in paragraph (2) of this subsection, the REP shall be considered to have committed a Class B Violation (as defined in §25.8(b) of this title (relating to Classification System for Violations of Statutes, Rules, and Orders Applicable to Electric Service Providers)) for purposes of any administrative penalties imposed by the commission.(n) Annual reporting requirement. In its annual report filed pursuant to §25.107 of this title (relating to Certification of Retail Electric Providers (REPs)) and §25.491 of this title (relating to Record Retention and Reporting Requirements), each REP shall include:(1) A statement summarizing any low-income payment options and low-income payment assistance programs that are offered by or available from the REP;(2) Information regarding a REP's bill payment assistance program created pursuant to subsection (g) of this section shall include:(A) the total amount of customer donations;(B) the amount of money set aside for bill payment assistance;(C) the assistance agency or agencies selected to disburse funds to residential customers;(D) the amount of money disbursed by the REP or provided to each assistance agency to disburse funds to residential customers; and(E) the number of customers who had a switch-hold applied during the year.(3) A statement confirming whether the REP, at the time of filing its annual report, has obtained the low-income customer identification service from the Low Income List Administrator (LILA) in accordance with §25.45 of this title, and whether the REP, at the time of filing its annual report, intends to obtain the low-income identification service from the LILA in the next fiscal year.", "sourceNote": "Source Note: The provisions of this §25.480 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective Spetember 12, 2002, 27 TexReg 8428; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective June 1, 2011, 35 TexReg 9232; amended to be effective January 9, 2014, 39 TexReg 212; amended to be effective May 13, 2018, 43 TexReg 3001." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129554", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.481", "label": "Unauthorized Charges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148514", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authorization of charges. Any services offered by the retail electric provider (REP) that will be billed on the customer's electric bill shall be authorized by the customer consistent with this section.(b) Requirements for billing charges. A REP shall meet all of the following requirements before including any charges on the customer's electric bill:(1) The REP shall inform the customer of the product or service being offered, including all associated charges, and explicitly inform the customer that the associated charges for the product or service will appear on the customer's electric bill.(2) The customer must clearly and explicitly consent to obtaining the product or service offered and to having the associated charges appear on the customer's electric bill. The REP shall document the authorization in accordance with §25.474 of this title (relating to Selection of Retail Electric Provider). The documentation of the authorization shall be maintained by the REP for at least 24 months.(3) The REP shall provide the customer with a toll-free telephone number the customer may call and an address to which the customer may write to resolve any billing dispute and to answer questions.(c) Responsibilities for unauthorized charges.(1) If a REP charges a customer's electric bill for any product or service without proper customer authorization, the REP shall promptly, but not later than 45 days thereafter:(A) discontinue providing the product or service to the customer and cease charging the customer for the unauthorized product or service;(B) remove the unauthorized charge from the customer's bill;(C) refund or credit to the customer the money that has been paid by the customer for any unauthorized charge, and if any unauthorized charge that has been paid is not refunded or credited within three billing cycles, pay interest at an annual rate established by the commission pursuant to §25.478(f) of this title (relating to Credit Requirements and Deposits) on the amount of any unauthorized charge until it is refunded or credited; and(D) upon the customer's request, provide the customer, free of charge, with all billing records under its control related to any unauthorized charge within 15 business days after the date of the removal of the charge from the customer's electric bill.(2) A REP shall not:(A) seek to disconnect electric service to any customer for nonpayment of an unauthorized charge;(B) file an unfavorable credit report against a customer who has not paid charges that the customer has alleged were unauthorized unless the dispute regarding the unauthorized charges is ultimately resolved against the customer. The customer remains obligated to pay any charges that are not in dispute; or(C) re-bill the customer for any unauthorized charge.(3) In the event that a REP erroneously files an unfavorable credit report against a customer who has not paid charges that the customer has alleged were unauthorized, the REP must correct the credit report without delay.(4) A REP shall maintain for at least 24 months a record of every customer who has experienced any unauthorized charge for a product or service on the customer's electric bill and has notified the REP of the unauthorized charge. The record shall contain for each unauthorized charge:(A) the date the customer requested that the REP remove the unauthorized charge from the customer's electric bill;(B) the date the unauthorized charge was removed from the customer's electric bill; and(C) the date the customer was refunded or credited any money that the customer paid for the unauthorized charges.(d) Notice to customers. Any bill sent to a residential and small commercial customer from a REP shall include a statement, prominently located on the bill, that if the customer believes the bill includes unauthorized charges, the customer should contact the REP to dispute such charges and, if not satisfied with the REP's review may file a complaint with the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or toll-free in Texas at (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.(e) Compliance and enforcement.(1) A REP shall provide proof of the customer's authorization and verification to the customer and/or the commission upon request.(2) A REP shall provide a copy of records maintained under the requirements of subsection (c)(4) of this section to the commission or commission staff upon request.", "sourceNote": "Source Note: The provisions of this §25.481 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148514", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.482", "label": "Prompt Payment Act" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214272", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to billing by an aggregator or a retail electric provider (REP) to a \"governmental entity\" as defined in Texas Government Code, Chapter 2251, the Prompt Payment Act (PPA). This section controls over other sections of this chapter to the extent that they conflict.(b) Time for payment by a governmental entity. A payment by a governmental entity subject to the PPA shall become overdue as provided in the PPA.(c) Disputed bills. If there is a billing dispute between a governmental entity and an aggregator or a REP about any bill for aggregator or REP service, the dispute shall be resolved as provided in the PPA.(d) Interest on overdue payment. Interest on an overdue governmental entity payment shall be calculated by the governmental entity pursuant to the terms of the PPA and remitted to the ESP with the overdue payment.(e) Notice. An aggregator or REP shall provide written notice to all of its non-residential customers of the applicability of the PPA to the aggregator's or REP's service to governmental entities. This notice shall be completed within six months of the effective date of this section for existing non-residential customers and, within three months of the effective date of this section, shall be provided to a new customer at or before the time that the terms of service are provided to the customer. An aggregator's or REP's failure to provide this notice does not give rise to any independent claim under the PPA, nor does this notice initiate or terminate any party's rights or obligations under the PPA.(1) The failure of an aggregator or REP to provide written notice in accordance with this subsection may be considered in a PPA billing complaint.(2) The failure of a governmental entity to inform the aggregator or REP of its status as a governmental entity may be considered in a PPA billing complaint.", "sourceNote": "Source Note: The provisions of this §25.482 adopted to be effective October 3, 2010, 35 TexReg 8906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214272", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.483", "label": "Disconnection of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "125313", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Disconnection and reconnection policy. Only a transmission and distribution utility (TDU), municipally owned utility, or electric cooperative may perform physical disconnections and reconnections. Unless otherwise stated, it is the responsibility of a retail electric provider (REP) to request such action from the appropriate TDU, municipally owned utility, or electric cooperative in accordance with that entity's relevant tariffs, in accordance with the protocols established by the registration agent, and in compliance with the requirements of this section. If a REP chooses to have a customer's electric service disconnected, it must comply with the requirements in this section. Nothing in this section requires a REP to request that a customer's service be disconnected.(b) Disconnection authority.(1) Any REP may authorize the disconnection of a medium non-residential or large non-residential customer, as that term is defined in §25.43 of this title (relating to Provider of Last Resort (POLR)).(2) Except as provided in subsection (d) of this section, all REPs may authorize the disconnection of residential and small non-residential customers pursuant to commission rules. Prior to authorizing disconnections for non-payment in accordance with this paragraph, a REP must:(A) test all necessary electronic transactions related to disconnections and reconnections of service; and(B) file an affidavit from an officer of the company, in a project established by the commission for this purpose, affirming that the REP understands and has trained its personnel on the commission's rule requirements related to disconnection and reconnection, and has adequately tested the transactions described in subparagraph (A) of this paragraph.(c) Disconnection with notice. A REP having disconnection authority under the provisions of subsection (b) of this section, including the POLR, may authorize the disconnection of a customer's electric service after proper notice and not before the first day after the disconnection date in the notice for any of the following reasons:(1) failure to pay any outstanding bona fide debt for electric service owed to the REP or to make deferred payment arrangements by the date of disconnection stated on the disconnection notice. Payment of the delinquent bill at the REP's authorized payment agency is considered payment to the REP;(2) failure to comply with the terms of a deferred payment agreement made with the REP;(3) violation of the REP's terms and conditions on using service in a manner that interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation;(4) failure to pay a deposit as required by §25.478 of this title (relating to Credit Requirements and Deposits); or(5) failure of the guarantor to pay the amount guaranteed, when the REP has a written agreement, signed by the guarantor, which allows for disconnection of the guarantor's service.(d) Disconnection without prior notice. Any REP or TDU may, at any time, authorize disconnection of a customer's electric service without prior notice for any of the following reasons:(1) Where a known dangerous condition exists for as long as the condition exists. Where reasonable, given the nature of the hazardous condition, the REP or its agent must post a notice of disconnection and the reason for the disconnection at the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected;(2) Where service is connected without authority by a person who has not made application for service;(3) Where service is reconnected without authority after disconnection for nonpayment;(4) Where there has been tampering with the equipment of the transmission and distribution utility, municipally owned utility, or electric cooperative; or(5) Where there is evidence of theft of service.(e) Disconnection prohibited. A REP having disconnection authority under the provisions of subsection (b) of this section must not authorize a disconnection for nonpayment of a customer's electric service for any of the following reasons:(1) Delinquency in payment for electric service by a previous occupant of the premises;(2) Failure to pay for any charge that is not for electric service regulated by the commission, including competitive energy service, merchandise, or optional services;(3) Failure to pay for a different type or class of electric service unless charges for such service were included on that account's bill at the time service was initiated;(4) Failure to pay charges resulting from an underbilling, except theft of service, more than six months prior to the current billing;(5) Failure to pay disputed charges, except for the amount not under dispute, until a determination as to the accuracy of the charges has been made by the REP or the commission, and the customer has been notified of this determination;(6) Failure to pay charges arising from an underbilling due to any faulty metering, unless the meter has been tampered with or unless such underbilling charges are due under §25.126 of this title (relating to Adjustments Due to Non-Compliant Meters and Meter Tampering in Areas Where Customer Choice Has Been Introduced); or(7) Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan, unless the bill is based on an estimated meter read by the TDU.(f) Disconnection on holidays or weekends.(1) A REP having disconnection authority under the provisions of subsection (b) of this section must not request disconnection of a customer's electric service for nonpayment on a holiday or weekend, or the day immediately preceding a holiday or weekend, unless the REP's personnel are available on those days to take payments, make payment arrangements with the customer, and request reconnection of service.(2) Unless a dangerous condition exists or the customer requests disconnection, a TDU must not disconnect a customer's electric service on a holiday or weekend, or the day immediately preceding a holiday or weekend, unless the personnel of the TDU are available to reconnect service on all of those days.(g) Disconnection of Critical Care Residential Customers. A REP having disconnection authority under the provisions of subsection (b) of this section must not authorize a disconnection for nonpayment of electric service at a permanent, individually metered dwelling unit of a delinquent Critical Care Residential Customer when that customer establishes that disconnection of service will cause some person at that residence to become seriously ill or more seriously ill.(1) Each time a Critical Care Residential Customer seeks to avoid disconnection of service under this subsection, the customer must accomplish all of the following by the stated date of disconnection:(A) Have the person's attending physician (for purposes of this subsection, the \"physician\" means any public health official, including medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar medical professional) contact the REP to confirm that the customer is a Critical Care Residential Customer;(B) Have the person's attending physician submit a written statement to the REP confirming that the customer is a Critical Care Residential Customer; and(C) Enter into a deferred payment plan.(2) The prohibition against service disconnection of a Critical Care Residential Customer provided by this subsection lasts 63 days from the issuance of the bill for electric service or a shorter period agreed upon by the REP and the customer, emergency (secondary) contact listed on the commission-approved application form, or attending physician. If the Critical Care Residential Customer does not accomplish the requirements of paragraph (1) of this subsection:(A) The REP must provide written notice to the Critical Care Residential Customer and the emergency contact listed on the commission-approved application form of its intention to disconnect service not later than 21 days prior to the date that service would be disconnected. Such notice must be a separate mailing or hand delivered notice with a stated date of disconnection with the words \"disconnection notice\" or similar language prominently displayed. If the REP has offered and the customer has agreed for the customer and/or emergency contact to receive disconnection notices from the REP by email, a separate email with the words \"disconnection notice\" or similar language in the subject line must be sent in addition to the separate mailing or hand delivered notice. Except as provided in this subsection, the notice must comply with the requirements of subsections (l) and (m) of this section; and(B) Prior to disconnecting a Critical Care Residential Customer, a TDU must contact the customer and the emergency contact listed on the commission-approved application form. If the TDU does not reach the customer and emergency contact by phone, the TDU must visit the premises, and, if there is no response, must leave a door hanger containing the pending disconnection information and information on how to contact the REP and TDU.(3) If, in the normal performance of its duties, a TDU obtains information that a customer scheduled for disconnection may qualify for delay of disconnection pursuant to this subsection, and the TDU reasonably believes that the information may be unknown to the REP, the TDU must delay the disconnection and promptly communicate the information to the REP. The TDU must disconnect such customer if it subsequently receives a confirmation of the disconnect notice from the REP. Nothing herein should be interpreted as requiring a TDU to assess or to inquire as to the customer's status before performing a disconnection when not otherwise required.(4) If a TDU refuses to disconnect a Critical Care Residential Customer pursuant to this subsection, it must cease charging all transmission and distribution charges and surcharges, except securitization-related charges, for that premises to the REP.(h) Disconnection of Chronic Condition Residential Customers. A REP having disconnection authority under the provisions of subsection (b) of this section must not authorize a disconnection for nonpayment of electric service at a permanent, individually metered dwelling unit of a delinquent customer when that customer has been designated as a Chronic Condition Residential Customer pursuant to §25.497 of this title (relating to Critical Load Industrial Customers, Critical Load Public Safety Customers, Critical Care Residential Customers, and Chronic Condition Residential Customers), except as provided in this subsection. The REP must notify the Chronic Condition Residential Customer and the emergency contact listed on the commission-approved application form with a written notice of its intention to disconnect service not later than 21 days prior to the date that service would be disconnected. Such notice must be a separate mailing or hand delivered notice with a stated date of disconnection with the words \"disconnection notice\" or similar language prominently displayed. If the REP has offered and the customer has agreed for the customer and/or emergency contact to receive disconnection notices from the REP by email, a separate email with the words \"disconnection notice\" or similar language in the subject line must be also be sent in addition to the separate mailing or hand delivered notice. Except as provided in this subsection, the notice must comply with the requirements of subsections (l) and (m) of this section.(i) Disconnection of energy assistance clients.(1) A REP having disconnection authority under the provisions of subsection (b) of this section must not authorize a disconnection for nonpayment of electric service to a delinquent residential customer for a billing period in which the REP receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue service provided that such pledge, letter of intent, purchase order, or other notification is received by the due date stated on the disconnection notice, and the customer, by the due date on the disconnection notice, either pays or makes payment arrangements to pay any outstanding debt not covered by the energy assistance provider.(2) If an energy assistance provider has requested monthly usage data pursuant to §25.472(b)(4) of this title (relating to Privacy of Customer Information), the REP must extend the final due date on the disconnection notice, day for day, from the date the usage data was requested until it is provided.(3) A REP must allow at least 45 days for an energy assistance provider to honor a pledge, letter of intent, purchase order, or other notification before submitting the disconnection request to the TDU.(4) A REP may request disconnection of service to a customer if payment from the energy assistance provider's pledge is not received within the time frame agreed to by the REP and the energy assistance provider, or if the customer fails to pay any portion of the outstanding balance not covered by the pledge.(j) Disconnection during extreme weather. A REP having disconnection authority under the provisions of subsection (b) of this section must not authorize a disconnection for nonpayment of electric service for any customer in a county in which an extreme weather emergency occurs. A REP must offer residential customers a deferred payment plan upon request by the customer that complies with the requirements of §25.480 of this title (relating to Bill Payment and Adjustments) for bills that become due during the weather emergency.(1) The term \"extreme weather emergency\" means a day when:(A) the previous day's highest temperature did not exceed 32 degrees Fahrenheit, and the temperature is predicted to remain at or below that level for the next 24 hours anywhere in the county, according to the nearest National Weather Service (NWS) reports; or(B) the NWS issues a heat advisory for a county, or when such advisory has been issued on any one of the preceding two calendar days in a county.(2) A TDU must notify the commission of an extreme weather emergency in a method prescribed by the commission, on each day that the TDU has determined that an extreme weather emergency has been issued for a county in its service area. The initial notice must include the county in which the extreme weather emergency occurred and the name and telephone number of the utility contact person.(k) Disconnection of master-metered apartments. When a bill for electric service is delinquent for a master-metered apartment complex:(1) The REP having disconnection authority under the provisions of subsection (b) of this section must send a notice to the customer as required by this subsection. At the time such notice is issued, the REP, or its agents, must also inform the customer that notice of possible disconnection will be provided to the tenants of the apartment complex in six days if payment is not made before that time.(2) At least six days after providing notice to the customer and at least four days before disconnecting, the REP must post a minimum of five notices in English and Spanish in conspicuous areas in the corridors or other public places of the apartment complex. Language in the notice must be in large type and must read: \"Notice to residents of (name and address of apartment complex): Electric service to this apartment complex is scheduled for disconnection on (date), because (reason for disconnection).\"(l) Disconnection notices. A disconnection notice for nonpayment must:(1) not be issued before the first day after the bill is due;(2) be a separate mailing or hand delivered notice with a stated date of disconnection with the words \"disconnection notice\" or similar language prominently displayed or, if the REP has offered and the customer has agreed to receive disconnection notices from the REP by email, be a separate email with the words \"disconnection notice\" or similar language in the subject line. The REP may send the disconnection notice concurrently with the request for a deposit;(3) have a disconnection date that is not a holiday, weekend day, or day that the REP's personnel are not available to take payments, and is not less than ten days after the notice is issued; and(4) include a statement notifying the customer that if the customer needs assistance paying the bill by the due date, or is ill and unable to pay the bill, the customer may be able to make some alternate payment arrangement, establish a deferred payment plan, or possibly secure payment assistance. The notice must also advise the customer to contact the provider for more information.(m) Contents of disconnection notice. Any disconnection notice must include the following information:(1) The reason for disconnection;(2) The actions, if any, that the customer may take to avoid disconnection of service;(3) The amount of all fees or charges which will be assessed against the customer as a result of the default;(4) The amount overdue;(5) A toll-free telephone number that the customer can use to contact the REP to discuss the notice of disconnection or to file a complaint with the REP, and the following statement: \"If you are not satisfied with our response to your inquiry or complaint, you may file a complaint by calling or writing the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326; Telephone: (512) 936-7120 or toll-free in Texas at (888) 782-8477. Hearing and speech impaired individuals may contact the commission through Relay Texas at 1-800-735-2989. Complaints may also be filed electronically at www.puc.texas.gov/ocp/complaints/complain.cfm;\"(6) If a deposit is being held by the REP on behalf of the customer, a statement that the deposit will be applied against the final bill (if applicable) and the remaining deposit will be either returned to the customer or transferred to the new REP, at the customer's designation and with the consent of both REPs;(7) The availability of deferred payment or other billing arrangements, from the REP, and the availability of any state or federal energy assistance programs and information on how to get further information about those programs; and(8) A description of the activities that the REP will use to collect payment, including the use of consumer reporting agencies, debt collection agencies, small claims court, and other remedies allowed by law, if the customer does not pay or make acceptable payment arrangements with the REP.(n) Reconnection of service. Upon a customer's satisfactory correction of the reasons for disconnection, the REP must request the TDU, municipally owned utility, or electric cooperative to reconnect the customer's electric service as quickly as possible. The REP must inform the customer when reconnection is expected to occur in accordance with the timelines set forth in this subsection and in §25.214 of this title (relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities). For premises without a provisioned advanced meter with remote disconnect/reconnect capabilities, if a REP submits a standard reconnect request and the TDU completes the reconnect the same day, the TDU may assess a standard reconnect fee. A TDU may assess a same-day reconnect fee only when the REP expressly requests a same-day reconnect and a REP may pass through a same-day reconnect fee to the customer only when the customer expressly requests a same-day reconnect. A REP must send a reconnection request no later than the timelines in this subsection. The TDU must complete the reconnection in accordance with the timelines in §25.214 of this title.(1) For payments made before 12:00 p.m. on a business day, a REP must send a reconnection request to the TDU no later than 2:00 p.m. on the same day.(2) For payments made after 12:00 p.m. but before 5:00 p.m. on a business day, a REP must send a reconnection request to the TDU by 7:00 p.m. on the same day.(3) For payments made after 5:00 p.m. but before 7:00 p.m. on a business day, a REP must send a reconnection request to the TDU by 9:00 p.m. on the same day.(4) For payments made after 7:00 p.m. on a business day, a REP must send a reconnection request to the TDU by 2:00 p.m. on the next business day.(5) For payments made on a weekend day or a holiday, a REP must send a reconnection request to the TDU by 2:00 p.m. on the first business day after the payment was made.(6) In no event must a REP fail to send a reconnection notice within 48 hours after the customer's satisfactory correction of the reasons for disconnection as specified in the disconnection notice.(o) Electric service disconnection of a non-submetered master metered multifamily property.(1) In this subsection, \"non-submetered master metered multifamily property\" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service that is master metered but not submetered.(2) A REP must send a written notice of service disconnection to a municipality before authorizing disconnection of service to a non-submetered master metered multifamily property for nonpayment if:(A) the property is located in the municipality; and(B) the municipality establishes an authorized representative to receive the notice as described by paragraph (3) of this subsection.(3) No later than January 1st of every year, a municipality wishing to receive notice of disconnection of electric service to a non-submetered master metered multifamily property must provide the commission with the contact information for the municipality's authorized representative referenced by paragraph (2) of this subsection by submitting that person's name, title, direct mailing address, telephone number, and email address in a P.U.C. Project Number to be established annually for that purpose. The email address provided by the municipality may be for a general mailbox accessible by the authorized representative established for the purpose of receiving such notices.(4) After January 1st, but no later than January 15th of every year, the commission must post on its public website the contact information received from every municipality pursuant to paragraph (3) of this subsection. The contact information posted by the commission must remain in effect during the subsequent 12-month period of February 1 through January 31 for the purpose of the written notice of disconnection required by paragraph (2) of this subsection.(5) The retail electric provider must email the written notice required by this subsection to the municipality's authorized representative not later than the 10th day before the date electric service is scheduled for disconnection. Additional notice may be provided by third-party commercial carrier delivery or certified mail.(6) The customer safeguards provided by this subchapter are in addition to safeguards provided by other law or agency rules.(7) This subsection does not prohibit a municipality or the commission from adopting customer safeguards that exceed the safeguards provided by this chapter.", "sourceNote": "Source Note: The provisions of this §25.483 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective Spetember 12, 2002, 27 TexReg 8428; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective January 1, 2011, 35 TexReg 9232; amended to be effective December 6, 2012, 37 TexReg 9619; amended to be effective December 11, 2013, 38 TexReg 8819; amended to be effective July 19, 2023, 48 TexReg 3900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "125313", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.484", "label": "Electric No-Call List" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213339", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements the Public Utility Regulatory Act (PURA) §39.1025, relating to Limitations on Telephone Solicitation, and the Texas Business & Commerce Code Annotated (Bus. & Comm. Code) §44.103 relating to rules, customer information, and isolated violations of the Texas no-call list.(b) Application. This section applies to retail electric providers (REPs) as defined in §25.5 of this title (relating to Definitions). A REP acting as a telemarketer, as defined by §26.37 of this title (relating to Texas No-Call List), is also subject to the provisions of §26.37 of this title.(c) Definitions. The following words and terms, when used in this section shall have the following meanings, unless the context clearly indicates otherwise.(1) Consumer good or service--For purposes of this section, consumer good or service has the same meaning as Business & Commerce Code §44.002(3) relating to Definitions.(2) Electric no-call database--Database administered by the commission or its designee that contains the names, addresses, telephone numbers and dates of registration for all electric no-call registrants. Lists or other information generated from the electric no-call database shall be deemed to be a part of the database for purposes of enforcing this section.(3) Electric no-call list--List that is published and distributed as required by subsection (f)(2) of this section.(4) Electric no-call registrant--A person who is either:(A) An electric customer who registered prior to May 27, 2005, by application and payment of accompanying fee, for the electric no-call list; or(B) A nonresidential electric customer who registered on or after May 27, 2005, by application and payment of accompanying fee, for the electric no-call list.(5) Established business relationship--A prior or existing relationship that has not been terminated by either party, and that was formed by voluntary two-way communication between a person and a consumer regardless of whether consideration was exchanged, regarding consumer goods or services offered by the person.(6) Telemarketing call--An unsolicited telephone call made to:(A) solicit a sale of a consumer good or service;(B) solicit an extension of credit for a consumer good or service; or(C) obtain information that may be used to solicit a sale of a consumer good or service or to extend credit for sale.(7) Telephone call--A call or other transmission that is made to or received at a telephone number within an exchange in the state of Texas, including but not limited to:(A) a call made by an automatic dial announcing device (ADAD); or(B) a transmission to a facsimile recording device.(8) Telemarkete--A person who makes or causes to be made a telemarketing call that is made to a telephone number in an exchange in the state of Texas.(d) Requirement of REPs.(1) A REP shall not make or cause to be made a telemarketing call to a telephone number that has been published for more than 60 calendar days on the electric no-call list.(2) A REP shall purchase each published version of the electric no-call list unless:(A) the entirety of the REP's business is comprised of telemarketing calls that are exempt pursuant to subsection (e) of this section;(B) a REP has a written contractual agreement with another telemarketer to make telemarketing calls on behalf of the REP and that telemarketer is contractually obligated to comply with all requirements of this section. In the absence of a written contract that requires the telemarketer to comply with all requirements of this section, the REP and the telemarketer making telemarketing calls on behalf of the REP are both liable for violations of this section.(e) Exemptions. This section shall not apply to a telemarketing call made:(1) By an electric no-call registrant that is the result of a solicitation by a REP or in response to general media advertising by direct mail solicitations that clearly, conspicuously, and truthfully make all disclosures required by federal or state law;(2) In connection with:(A) An established business relationship; or(B) A business relationship that has been terminated, if the call is made before the later of:(i) the date of publication of the first electric no-call list on which the electric no-call registrant's telephone number appears; or(ii) one year after the date of termination; or(3) To collect a debt.(f) Electric no-call database.(1) Administrator. The commission or its designee shall establish and provide for the operation of the electric no-call database.(2) Distribution of database.(A) Timing. Beginning on April 1, 2002, the administrator of the electric no-call database will update and publish the entire electric no-call list on January 1, April 1, July 1, and October 1 of each year;(B) Fees. The electric no-call list shall be made available to subscribing REPs for a set fee not to exceed $75 per list per quarter;(C) Format. The commission or its designee will make the electric no-call list available to subscribing REPs by:(i) electronic internet access in a downloadable format;(ii) Compact Disk Read Only Memory (CD-ROM) format;(iii) paper copy, if requested by the REP; and(iv) any other format agreed upon by the current administrator of the no-call database and the subscribing REP.(3) Intended use of the electric no-call database and electric no-call list.(A) The electric no-call database shall be used only for the intended purposes of creating an electric no-call list and promoting and furthering statutory mandates in accordance with PURA §39.1025 and the Business & Commerce Code, Chapter 44 relating to Telemarketing. Neither the electric no-call database nor a published electric no-call list shall be transferred, exchanged or resold to a non-subscribing entity, group, or individual, regardless of whether compensation is exchanged.(B) The no-call database is not open to public inspection or disclosure.(C) The administrator shall take all necessary steps to protect the confidentiality of the no-call database and prevent access to the no-call database by unauthorized parties.(4) Penalties for misuse of information. Improper use of the electric no-call database or a published electric no-call list by the administrator, REPs, or any other person, regardless of the method of attainment, shall be subject to administrative penalties and enforcement provisions contained in §22.246 of this title (relating to Administrative Penalties).(g) Notice. A REP shall provide notice of the electric no-call list to its customers as specified by this subsection. In addition to the required notice, the REP may engage in other forms of customer notification.(1) Content of notice. A REP shall provide notice in compliance with §25.473 of this title (relating to Non-English Language Requirements) that, at a minimum, clearly explains the following:(A) Beginning January 1, 2002, customers may add their name, address and telephone number to a state-sponsored electric no-call list that is intended to limit the number of telemarketing calls received relating to the customer's choice of REPs;(B) When a customer who registers for inclusion on the electric no-call list can expect to stop receiving telemarketing calls on behalf of a REP;(C) A customer must pay a fee to register for the electric no-call list;(D) Registration of a telephone number on the electric no-call list expires on the fifth anniversary of the date the number is first published on the list;(E) Registration of a telephone number on the electric no-call list can be accomplished via the United States Postal Service, Internet, or telephonically;(F) The customer registration fee, which cannot exceed five dollars per term, must be paid by credit card when registering online or by telephone. When registering by mail, the fee must be paid by credit card, check or money order;(G) The toll-free telephone number, website address, and mailing address for registration; and(H) A customer that registers for inclusion on the electric no-call list may continue to receive calls from telemarketers other than REPs, and a statement that the customer may instead or may also register for the Texas no-call list that is intended to limit telemarketing calls regarding consumer goods and services in general, including electric service.(2) Publication of notice. A REP shall include notice in its Terms of Service document or Your Rights as a Customer disclosure. The notice shall be easily legible, prominently displayed and comply with the requirements listed in paragraph (1) of this subsection.(3) Records of customer notification. A REP shall provide a copy of records maintained under the requirements of this subsection as specified by §25.491 of this title (relating to Record Retention and Reporting Requirements).(h) Violations.(1) Separate occurrence. Each telemarketing call to a telephone number on the electric no-call list shall be deemed a separate occurrence.(2) Isolated occurrence. A telemarketing call made to a number on the electric no-call list is not a violation of this section if the telemarketer complies with section (d)(2) and the telemarketing call is determined by the commission to be an isolated occurrence.(A) An isolated occurrence is an event, action, or occurrence that arises unexpectedly and unintentionally, and is caused by something other than a failure to implement or follow reasonable procedures. An isolated occurrence may involve more than one separate occurrence, but it does not involve a pattern or practice.(B) The burden to prove that the telemarketing call was made in error and was an isolated occurrence rests upon the REP who made (or caused to be made) the call. In order for a REP to assert as an affirmative defense that a potential violation of this section was an isolated occurrence, the REP must provide evidence of the following:(i) The REP has purchased the most recently published update to the electric no-call list, unless the entirety of the REP's business is comprised of making or causing to be made telemarketing calls that are exempt pursuant to subsection (e) of this section and the REP can provide sufficient proof of such;(ii) The REP has adopted and implemented written procedures to ensure compliance with this section and effectively prevent telemarketing calls that are in violation of this section, including taking corrective actions when appropriate;(iii) The REP has trained its personnel in the established procedures; and(iv) The telemarketing call that violated this section was made contrary to the policies and procedures established by the REP.(i) Record retention; Provision of records; Presumptions.(1) A REP shall maintain a record of all telephone numbers it has attempted to contact for telemarketing purposes, a record of all telephone numbers it has contacted for telemarketing purposes, and the date of each, for a period of not less than 24 months from the date the telemarketing call was attempted or completed.(2) Upon request from the commission or commission staff, a REP shall provide, within 21 calendar days, all information in its possession and upon which it relies to demonstrate compliance with this section, relating to the commission's investigation of potential violations of the no-call list including, but not limited to, the call logs or phone records described in subsection (i)(1).(3) Failure by a REP to respond, or to produce all information in its possession and upon which it relies to demonstrate compliance with this section, within the time specified in paragraph (2) of this subsection establishes a violation of this section.(4) In response to a request from the commission pursuant to paragraph (2) of this subsection, a REP's failure to produce all telemarketing information in its possession and upon which it relies to demonstrate compliance with this section and, if applicable, to establish an affirmative defense pursuant to subsection (h)(2)(B) of this section, within the time specified in paragraph (2) of this subsection establishes a violation of this section.(j) Evidence. Evidence provided by the customer that meets the standards set out in Texas Government Code §2001.081, including, but not limited to, one or more affidavits from the recipient of a telemarketing call is admissible to enforce the provisions of this section.(k) Enforcement and penalties. The commission has jurisdiction to investigate REP violations of this section, as specified in §25.492 of this title (relating to Non-Compliance with Rules or Orders; Enforcement by the Commission).", "sourceNote": "Source Note: The provisions of this §25.484 adopted to be effective June 17, 2002, 27 TexReg 5187; amended to be effective September 27, 2004, 29 TexReg 9175; amended to be effective July 2, 2006, 31 TexReg 5283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213339", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.485", "label": "Customer Access and Complaint Handling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section contains a customer's entitlement to reasonable access to a retail electric provider's (REP) or aggregator's representatives and identifies a customer's ability make a complaint against a REP or aggregator. REPs and aggregators are subject to processes of this section to ensure that retail electric customers have the opportunity for impartial and prompt resolution of disputes with REPs or aggregators.(b) Customer access.(1) A retail electric provider (REP) or aggregator must ensure that customers have reasonable access to its service representatives to make inquiries and complaints, discuss charges on customer's bills, terminate competitive service, and transact any other pertinent business.(2) Telephone access must be toll-free and must afford customers a prompt answer during normal business hours.(3) A REP must provide a 24-hour automated telephone message instructing the caller how to report any service interruptions or electrical emergencies.(4) A REP or aggregator must employ 24-hour capability for accepting a customer's rescission of the terms of service by telephone, under rights of cancellation in §25.474(j) of this title (relating to Selection of Retail Electric Provider).(c) Complaint handling. A residential or small commercial customer has the right to make a formal or informal complaint to the commission, and a terms of service agreement cannot impair this right. A REP or aggregator must not require a residential or small commercial customer as part of the terms of service to engage in alternative dispute resolution, including requiring complaints to be submitted to arbitration or mediation by third parties. A customer other than a residential or small commercial customer may agree as part of the terms of service to engage in alternative dispute resolution, including requiring complaints to be submitted to arbitration or mediation by third parties. However, nothing in this subsection is intended to prevent a customer other than a residential or small commercial customer from filing an informal or formal complaint with the commission if dissatisfied with the results of the alternative dispute resolution.(d) Complaints to REPs or aggregators. A customer or applicant for service may submit a complaint in person, or by letter, facsimile transmission, e-mail, or by telephone to a REP or aggregator. The REP or aggregator must promptly investigate and advise the complainant of the results within 21 days. A customer who is dissatisfied with the REP's or aggregator's review must be informed of the right to file a complaint with the REP's or aggregator's supervisory review process, if available, and, if not available, with the commission and the Office of Attorney General, Consumer Protection Division. Any supervisory review conducted by the REP or aggregator must result in a decision communicated to the complainant within ten business days of the request. If the REP or aggregator does not respond to the customer's complaint in writing, the REP or aggregator must orally inform the customer of the ability to obtain the REP's or aggregator's response in writing upon request.(e) Complaints to the commission.(1) Informal complaints. If a complainant is dissatisfied with the results of a REP's or aggregator's complaint investigation or supervisory review, the REP or aggregator must advise the complainant of the commission's informal complaint resolution process and the following contact information for the commission: Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326; (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512) 936-7003, e-mail address: customer@puc.texas.gov, Internet website address: www.puc.texas.gov, and Relay Texas (toll-free) 1-800-735-2989.(A) Requirements applicable to informal complaints.(i) A complaint must include sufficient information to identify the complainant and the company for which the complaint is made and describe the issue specifically. The following information must be included in the complaint:(I) The account holder's name, billing and service addresses, and telephone number;(II) The name of the REP or aggregator;(III) The customer account number or electric service identifier (ESI-ID);(IV) An explanation of the facts relevant to the complaint;(V) The complainant's requested resolution; and(VI) Any documentation that supports the complaint, including copies of bills or terms of service documents.(ii) All REPs and aggregators must provide the commission an email address to receive notification of customer complaints from the commission.(iii) The REP or aggregator must investigate all informal complaints and advise the commission in writing of the results of the investigation within 15 days after the complaint is forwarded to the REP or aggregator. For complaints filed with the commission before September 1, 2023, the deadline is 21 days after the complaint is forwarded.(iv) The commission must review the complaint information and the REP or aggregator's response and notify the complainant of the results of the commission's investigation.(B) Prohibited activities during pendency of informal complaint. While an informal complaint process is pending:(i) The REP or aggregator must not initiate collection activities, including disconnection of service or report the customer's delinquency to a credit reporting agency with respect to the disputed portion of the bill.(ii) A customer must pay any undisputed portion of the bill and the REP may pursue disconnection of service for nonpayment of the undisputed portion after appropriate notice.(C) Informal complaint record retention. The REP or aggregator must keep a record for two years after closure by the commission of all informal complaints forwarded to it by the commission. This record must show the name and address of the complainant, the date, nature and adjustment or disposition of the complaint. Protests regarding commission-approved rates or rates and charges that are not regulated by the commission, but which are disclosed to the customer in the terms of service disclosures, need not be recorded.(2) Formal complaints. If the complainant is not satisfied with the results of the informal complaint process, the complainant may file a formal complaint with the commission within two years of the date on which the commission closes the informal complaint. This process may include the formal docketing of the complaint as provided in §22.242 of this title (related to Complaints).", "sourceNote": "Source Note: The provisions of this §25.485 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective April 26, 2023, 48 TexReg 2089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214271", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.486", "label": "Customer Protections for Brokerage Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "103494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all brokers.(b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise:(1) Broker--As defined in §25.112 of this title (relating to Registration of Brokers).(2) Brokerage services--As defined in §25.112 of this title.(3) Client--A person who receives or solicits brokerage services from a broker.(4) Client agent--A broker who has the legal right and authority to act on behalf of a client regarding the selection of, enrollment for, or contract execution of a product or service offered by a retail electric provider (REP), including electric service.(5) Proprietary client information--Any information that is compiled by a broker on a client or retail electric customer that makes possible the identification of any individual client or retail electric customer by matching such information with the client's or customer's name, address, retail electric account number, type or classification of retail electric service, historical electricity usage, expected patterns of use, types of facilities used in providing service, individual retail electric or brokerage services contract terms and conditions, price, current charges, billing records, or any information that the client or customer has expressly requested not be disclosed. Information that is redacted or organized in such a way as to make it impossible to identify the client or customer to whom the information relates does not constitute proprietary client information.(c) Voluntary Alteration of Customer Protections. A client other than a residential or small commercial class customer or applicant, or a non-residential customer or applicant whose load is part of an aggregation in excess of 50 kilowatts, may agree to a different level of customer protections related to the provision of brokerage services than is required by this section. Any such agreements do not change the level of customer protections a client is entitled to relating to the provision of retail electric service. Any agreements containing a different level of protections from those required by this section must be in writing and provided to the client. Copies of such agreements must be provided to commission staff upon request.(d) Broker Communications.(1) All written, electronic, and oral communications, including advertising, websites, direct marketing materials, and billing statements produced by a broker must be clear and not misleading, fraudulent, unfair, deceptive, or anti-competitive. Prohibited communications include, but are not limited to:(A) Stating, suggesting, implying or otherwise leading a client to believe that receiving brokerage services will provide a customer with more reliable service from a transmission and distribution utility (TDU);(B) Falsely suggesting, implying or otherwise leading a client to believe that a person is a representative of a TDU, REP, aggregator, or another broker;(C) Falsely stating or suggesting that brokerage services are being provided without compensation; and(D) Falsely claiming to be the client agent of a customer or applicant.(2) All printed advertisements, electronic advertising over the Internet, and websites must include the broker's registered name.(e) Language Requirements. A broker must offer customer service and any information required by this section to a client in the language used to market the broker's products and services to that client.(f) Required Disclosures. A broker must inform a client of the following prior to the initiation of brokerage services, the renewal of those services, or a material change in the services provided, or the terms and conditions of those services:(1) The broker's registered name, business mailing address, and contact information;(2) The broker's commission registration number;(3) The registered name of any REP that is an affiliate of the broker;(4) A clear description of the services the broker will provide for the client.(5) The duration of the agreement to provide brokerage services, if applicable;(6) A description of how the broker will be compensated for providing brokerage services and by whom;(7) How the client can terminate the agreement to provide brokerage services, if applicable;(8) The amount of any fee or other cost the client will incur for terminating the agreement to provide brokerage services, if applicable; and(9) The commission's telephone number and email address for complaints and inquiries.(g) Client Agent Requirements.(1) An agreement between a broker and a client that authorizes the broker to act as a client agent for the client must be in writing.(2) In addition to the requirements of subsection (f) of this section, a broker that acts as a client agent for the client must inform the client of the following:(A) A clear description of the actions the broker is authorized to take on the client's behalf;(B) The duration of the agency relationship;(C) How the client can terminate the agency agreement;(D) The amount of any fee or other cost the client will incur for terminating the agency agreement; and(E) How the client's customer data, including proprietary client information, and account access information will be used, protected, and retained by the broker and disposed of at the conclusion of the agency relationship.(3) A broker that is authorized to act as a client agent for the client must provide evidence of that authority upon request of the client, commission staff, or a REP with which the broker seeks to enroll the client.(4) For purposes of §25.474 of this title (relating to Selection of Retail Electric Provider), a REP may rely upon the representations made by a client agent provided that the client agent is registered with the commission and provides evidence of agency authority.(h) Unauthorized Charges and Unauthorized Changes of Retail Electric Provider.(1) Unauthorized charges. A broker must not bill an unauthorized charge or cause an unauthorized charge to be billed to a customer's retail electric service bill.(2) Unauthorized service changes. A broker must not switch or cause to be switched the REP of a customer without first obtaining the customer's authorization.(i) Discrimination Prohibited. A broker must not unduly refuse to provide brokerage services or otherwise unduly discriminate in the provision of brokerage services to any client because of race, creed, color, national origin, ancestry, sex, marital status, source or level of income, disability, or familial status; or refuse to provide brokerage services to a client because the client is located in an economically distressed geographic area or qualifies for low-income affordability or energy efficiency services; or otherwise unreasonably discriminate on the basis of the geographic location of a client.(j) Proprietary Client Information.(1) A broker must not release proprietary client information to any person unless the client authorizes the release in writing. This prohibition does not apply to the release of such information to the commission.(2) A broker is not permitted to sell, make available for sale, or authorize the sale of any client-specific information or data obtained unless the client authorizes the sale in writing.(k) Client Access and Complaint Handling.(1) Client Access. Each broker must ensure that clients have reasonable access to its service representatives to make inquiries and complaints, discuss charges on bills or any other aspect of the brokerage services provided to the client by the broker, terminate an agreement to provide services, and transact any other pertinent business. A broker must promptly investigate client complaints and advise the complainant of the results. A broker must inform the complainant of the commission's informal complaint resolution process and the following contact information for the commission within 21 days of receiving the complaint: Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326; (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512) 936-7003, e-mail address: customer@puc.texas.gov, Internet website address: www.puc.texas.gov, and Relay Texas (toll-free) 1-800-735-2989.(2) Complaint Handling. A client has the right to make a formal or informal complaint to the commission. A broker may not use a written or verbal agreement with a client to impair this right for a client that is a residential or small commercial customer. A broker must not require a client that is a residential or small commercial customer to engage in alternative dispute resolution, including requiring complaints to be submitted to arbitration or mediation by third parties.(3) Informal Complaints.(A) A person may file an informal complaint with the commission by contacting the commission at: Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326; (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512) 936-7003, e-mail address: customer@puc.texas.gov, Internet website address: www.puc.texas.gov, and Relay Texas (toll-free) 1-800-735-2989.(B) A complaint should include the following information, as applicable:(i) The complainant's name, billing and service address, telephone number and email address, if any;(ii) The name of the broker;(iii) The broker's registration number;(iv) The name of any relevant REP;(v) The customer account number or electric service identifier;(vi) An explanation of the facts relevant to the complaint;(vii) The complainant's requested resolution; and(viii) Any documentation that supports the complaint.(C) The commission will forward the informal complaint to the broker.(D) The broker must investigate each informal complaint forwarded to the broker by the commission and advise the commission in writing of the results of the investigation within 21 days after the complaint is forwarded to the broker by the commission.(E) The commission will review the complaint information and the broker's response and notify the complainant of the results of the commission's investigation.(F) The broker must keep a record for two years after receiving notification by the commission that the complaint has been closed. This record must show the name and address of the complainant, the date, nature, and outcome of the complaint.(G) While an informal complaint process is pending, the broker must not initiate collection activities, including a report of the customer's delinquency to a credit reporting agency, with respect to the disputed portion of the bill.(4) Formal Complaints. If the complainant is not satisfied with the results of the informal complaint process, the complainant may file a formal complaint with the commission within two years of the date on which the commission closes the informal complaint. Formal complaints will be docketed as provided in the commission's procedural rules.(l) Record Retention.(1) A broker must establish and maintain records and data that are sufficient to:(A) Verify its compliance with the requirements of any applicable commission rules; and(B) Support any investigation of customer complaints.(2) All records required by this section must be retained for no less than two years, unless otherwise specified.(3) Unless otherwise prescribed by the commission or its authorized representative, all records required by this subchapter must be provided to the commission within 15 calendar days of its request.", "sourceNote": "Source Note: The provisions of this §25.486 adopted to be effective May 24, 2020, 45 TexReg 3264; amended to be effective July 19, 2023, 48 TexReg 3900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "103494", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.487", "label": "Obligations Related to Move-In Transactions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all retail electric providers (REPs).(b) Definition. For this section, the term \"safety-net process\" means a process developed and implemented by the market participants in the Texas retail electric market in 2002 to ensure that a customer who moves into a premise receives electric service in a timely manner. The safety-net process should be used for legitimate purposes and not to bypass standard rules and processes.(c) Standard move-in request. A REP shall submit a move-in transaction to the registration agent electronically, in accordance with applicable protocols and guidelines of the independent organization to establish service for a new customer.(d) Safety-net move-in request. In the event a REP does not receive a confirmation that the transmission and distribution utility (TDU) has received the appropriate move-in request transaction from the Electric Reliability Council of Texas (ERCOT), and does not receive a valid move-in rejection, the REP shall submit the move-in request using the safety-net process by noon on the business day prior to the customer's move-in date.(1) In submitting a move-in request using the safety-net process, the REP establishes its right to serve the customer at the premise identified by the electric service identifier (ESI ID) from the date the TDU executes the move-in by connecting service to the premise. The date the TDU executes the move-in by connecting service to the premise is the effective date for all wires charges and fees associated with that ESI ID. This date will also be the effective date for the move-in when the applicable move-in electronic transactions are processed. The TDU may bill monthly wires charges and fees to the REP commencing with the effective date, but may not issue wires charges and fees or consumption records until the REP submits the electronic transaction.(2) The REP shall ensure that the standard electronic move-in transaction is submitted to ERCOT in accordance with applicable protocols on or before the fifth business day after submitting the move-in through the safety net process, even if the physical move-in has already taken place as a result of being submitted through the safety net process. The REP, ERCOT, and the TDU shall work to ensure that the appropriate premise information and enrollment response transaction is sent to and received by the new REP and that the appropriate drop (due to switch request) transaction is sent to the losing REP of record as shown in ERCOT's systems.(e) Sunset provision for review of safety-net process. By March 1, 2004, the commission shall, after input provided by market participants, review the safety-net process and determine whether it should be continued.", "sourceNote": "Source Note: The provisions of this §25.487 adopted to be effective August 4, 2003, 28 TexReg 6005." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129557", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.488", "label": "Procedures for a Premise with No Service Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "103496", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all retail electric providers (REPs).(b) Service to premise with no service agreement. If a REP finds that a current occupant at a premise for which the provider is shown as the REP of record in the ERCOT or TDU system is not the customer with whom the REP currently has a service agreement for retail electric service or the occupant is a customer whose prior service agreement has expired or is no longer in effect:(1) the REP may establish service with the occupant. The REP shall obtain verification of the occupant's authorization to establish service with the REP consistent with the requirements of §25.474 of this title (relating to Selection or Change of Retail Electric Provider); or(2) the REP with disconnection authority may issue a disconnection notice to the current occupant. The notice shall contain the following:(A) The date the disconnection will occur, provided that the date shall not be sooner than ten days from the date the notice is issued;(B) What actions the occupant must take if that occupant believes the notice is in error or desires to establish service with the REP; and(C) A statement that informs the occupant of the right to obtain service from another licensed REP and that information about other REPs can be obtained from the commission.", "sourceNote": "Source Note: The provisions of this §25.488 adopted to be effective August 4, 2003, 28 TexReg 6005; amended to be effective March 8, 2007, 32 TexReg 1286." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "103496", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.489", "label": "Treatment of Premises with No Retail Electric Provider of Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "103497", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all transmission and distribution utilities (TDUs) and retail electric providers (REPs) in areas open to retail customer choice. (b) Definition. For this section, the term \"no REP of record\" means a premise that is receiving electricity equal to or greater than 150 kilowatt-hours (kWh) in a single meter reading cycle, but for which no REP is designated as serving the premise in the TDU's system. (c) Obligation of TDUs to identify premises with no REP of record. Each TDU shall implement the following procedures to identify those premises that have no REP of record: (1) Each TDU shall prepare a No REP of Record List on a monthly basis, identifying all premises with consumption equal to or greater than 150 kilowatt hours (kWh) in a single meter reading cycle, but no REP of record in the TDU's Customer Information System; (2) Each TDU shall delete a premise from the list if there is evidence of erroneous meter reads for the premise; (3) Each TDU shall cross reference the list with ERCOT's pending orders to identify any move-in transactions that indicate that a REP is initiating service at a premise on the list and remove such premises from the list; (4) Each TDU shall review safety-net move-in requests to initiate service and remove such premises from the list; and (5) Each TDU shall review its internal systems for pending transactions and any correspondence from REPs claiming that a premise should be assigned to the REP. Any corresponding matches of premises shall be removed from the list. (d) Submission of No REP of Record List to REPs. (1) Each TDU shall send the No REP of Record List to all REPs offering service in its service area each month; (2) Within five business days after the TDU sends the list, a REP shall inform the TDU in writing if it has a contract with a customer for a location on the list. The TDU shall delete all claimed premises from the list. (3) Nothing in this section is meant to absolve a REP of its responsibilities under §25.474 of this title (relating to Selection or Change of Retail Electric Provider). (e) Customer notification. TDUs shall provide notice to all remaining premises in a standardized bilingual (English and Spanish) format consistent with subsection (g) of this section. TDUs may either provide notice by placing door hangers at each premise or by mailing notice to each premise. (f) Wires charges billed to customer with no REP of record. A premise with no REP of record shall not constitute unauthorized use of service under the TDU's tariff for retail delivery service approved pursuant to §25.214 of this title (relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities). (g) Format of notice. The notice provided by the TDU to a customer on the final list of accounts with no REP of record shall have the identifying code #999 printed in bold letters to enable the REPs to identify customers contacting them as premises on the No REP of Record List and shall comply with the content requirements of this subsection. (1) The notice shall include the following information and be formatted as follows: Attached Graphic(2) A comprehensive list of REPs serving residential customers in the TDU's territory, including each REP's toll-free number and website address (if available), shall be listed on the notice provided to residential premises. A comprehensive list of REPs serving commercial customers in the TDU's territory, including each company's toll-free number and website address (if available), shall be listed on the notice provided to commercial premises. (h) REP obligation to submit move-in transaction. A REP that enrolls a premise in response to the TDU notice shall submit a move-in transaction, not a switch transaction, to the registration agent in accordance with the requirements of §25.487 of this title (relating to Obligations Related to Move-In Transactions). (i) Disconnection of premise with no REP of record. Each TDU may disconnect a premise with no REP of record no earlier than ten days after the customer receives the TDU's notification required by this section. Prior to disconnecting the service for a premise with no REP of record, each TDU shall repeat the procedures listed in subsection (c) of this section (other than issuing notice) to prevent the disconnection of a customer who has initiated service with a REP. A TDU shall not disconnect any premise that has been claimed by a REP in accordance with this section. (j) Expedited reconnection of premise. If a TDU disconnects a premise in error, the TDU shall reconnect a premise on an expedited basis in accordance with its tariff and commission rules, whichever process is shorter.", "sourceNote": "Source Note: The provisions of this §25.489 adopted to be effective August 4, 2003, 28 TexReg 6005." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "103497", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.490", "label": "Moratorium on Disconnection on Move-Out" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190921", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to all transmission and distribution utilities (TDUs) with respect to residential customers.(b) Moratorium on disconnection on move-out. A TDU shall not disconnect a residential premise after receiving a move-out transaction unless the requirements of subsection (d) of this section have been met.(c) Reporting requirement.(1) A TDU shall report monthly to the commission its success rate in processing standard electronic move-in requests for residential customers. The success rate shall be measured based on whether the meter read and energizing of the premise is accomplished on the scheduled date. The report shall omit backdated move-in requests.(2) A TDU shall also report to the commission its success rate in processing requests for reconnection of electric service. The success rate shall be measured based on whether the re-energizing of the premise is accomplished on the scheduled date.(3) The reports shall be filed with the commission on or before the 15th day of the month following the last day of the reporting month.(d) Relaxation of moratorium on disconnection. Upon approval from commission staff, a TDU may disconnect residential premises after receiving a move-out transaction, as defined in the ERCOT protocols. To achieve approval, the TDU must demonstrate through reports filed in accordance with subsection (c) of this section that it has for three consecutive months or more processed 95% or greater of all move-ins and requests for reconnection of electric service no later than the scheduled date. If a TDU's success rate falls below 95% for two consecutive months or below 90% in any one month, the TDU shall immediately notify commission staff in writing, and commission approval shall be automatically revoked.(e) Elimination of reporting requirement. Once a TDU demonstrates a 95% success rate in completing reconnections and move-ins on the scheduled date for 12 consecutive months, it shall no longer be required to submit monthly reports, as required by subsection (c) of this section. However, upon request by the commission, a TDU shall file a report on its current success rate.(f) Notice of moratorium status. The TDU shall notify each REP in its service territory each time it changes its status, pursuant to subsection (d) of this section, concerning the moratorium on move-out disconnections. The TDU shall not disconnect any residential premise prior to completion of this notice.", "sourceNote": "Source Note: The provisions of this §25.490 adopted to be effective August 4, 2003, 28 TexReg 6005." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190921", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.491", "label": "Record Retention and Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "84024", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section does not apply to a municipally owned utility where it offers retail electric power or energy outside its certificated service territory or to a retail electric provider (REP) that is an electric cooperative.(b) Record retention.(1) Each REP and aggregator shall establish and maintain records and data that are sufficient to:(A) Verify its compliance with the requirements of any applicable commission rules; and(B) Support any investigation of customer complaints.(2) All records required by this subchapter shall be retained for no less than two years, unless otherwise specified.(3) Unless otherwise prescribed by the commission or its authorized representative, all records required by this subchapter shall be provided to the commission within 15 calendar days of its request.(c) Annual reports. In its annual report, a REP shall report the information required by §25.107 of this title (relating to Certification of Retail Electric Providers (REPs)) to the commission and the Office of Public Utility Counsel (OPUC) and the following additional information on a form approved by the commission for the 12-month period ending December 31 of the prior year:(1) The number of residential customers served, by nine-digit zip code and census tract, by month;(2) The number of written denial of service notices issued by the REP, by month, by customer class, by nine-digit zip code and census tract;(3) The number and total aggregated dollar amount of deposits held by the REP, by month, by customer class, by nine-digit zip code and census tract;(4) Information relating to the REP's bill payment assistance program for residential electric customers required by §25.480(n)(1) of this title (relating to Bill Payment and Adjustments);(5) The number of complaints received by the REP from residential customers for the following categories by month, by nine-digit zip code and census tract:(A) Refusal of electric service, which shall include all complaints pertaining to the implementation of §25.477 of this title (relating to Refusal of Electric Service);(B) Marketing and quality of customer service, which shall include complaints relating to the interfaces between the customer and the REP, such as, but not limited to, call center hold time, responsiveness of customer service representatives, and implementation of §25.472 of this title (relating to Privacy of Customer Information), §25.475 of this title (relating to General REP Requirements and Information Disclosures to Residential and Small Commercial Customers), §25.473 of this title (relating to Non-English Language Requirements), §25.476 of this title (relating to Renewable and Green Energy Verification ), and §25.484 of this title (relating to Texas Electric No-Call List), and which shall not include issues for which the REP is not responsible, such as, but not limited to, power quality, outages, or technical failures of the registration agent;(C) Unauthorized charges, which shall encompass all complaints pertaining to §25.481 of this title (relating to Unauthorized Charges);(D) Enrollment, which shall encompass all complaints pertaining to the implementation of §25.474 of this title (relating to the Selection of Retail Electric Provider), §25.478 of this title (relating to Credit Requirements and Deposits), and §25.495 of this title (relating to Unauthorized Change of Retail Electric Provider);(E) Accuracy of billing services, which shall encompass all complaints pertaining to the implementation of §25.479 of this title (relating to Issuance and Format of Bills); and(F) Collection and service termination, and disconnection, which shall encompass all complaints pertaining to the implementation of §25.480 of this title, and §25.483 of this title (relating to Disconnection of Service).(6) In reporting the number of informal complaints received pursuant to paragraph (4) of this subsection, a REP may identify the number of complaints in which it has disputed categorization or assignment pursuant to the provisions set forth in §25.485 of this title (relating to Customer Access and Complaint Handling).(d) Information regarding payment options and payment assistance programs. With its annual report, a REP shall include a statement containing the information described in §25.480(n) of this title to the extent such information is not included in the form approved by the commission pursuant to subsection (c) of this section.(e) Additional information. Upon written request by the commission, a REP or aggregator shall provide within 15 days any information, including but not limited to marketing information, necessary for the commission to investigate an alleged discriminatory practice prohibited by §25.471(c) of this title (relating to General Provisions of the Customer Protection Rules).", "sourceNote": "Source Note: The provisions of this §25.491 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective November 3, 2009, 34 TexReg 7647; amended to be effective May 13, 2018, 43 TexReg 3001." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "84024", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.492", "label": "Non-Compliance with Rules or Orders; Enforcement by the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129559", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Noncompliance. An aggregator or retail electric provider (REP) that fails to comply with the Public Utility Regulatory Act (PURA) or commission order may, after notice and opportunity for hearing, be subject to any and all of the following available under the law, including, but not limited to:(1) assessment of civil and administrative penalties under PURA §15.023;(2) civil penalties under PURA §15.028;(3) suspension or revocation of the applicable certification or registration or denial of a request for renewal or change in the terms associated with a certification; and(4) such other relief directed to affected customers as allowed by law.(b) Commission investigation. The commission may initiate a compliance or other enforcement proceeding upon its own initiative, after an incident has occurred, or a complaint has been filed, or a staff notice of probable noncompliance has been served. The commission shall coordinate this investigation with any investigation that may be or has been undertaken by the Office of the Attorney General.(c) Suspension and revocation of certification. The commission may initiate a proceeding to seek either suspension or revocation of a REP's certification consistent with §25.107(j) of this title (relating to Certification of Retail Electric Providers), or an aggregators registration consistent with §25.111(j) of this title (relating to the Registration of Aggregators).", "sourceNote": "Source Note: The provisions of this §25.492 adopted to be effective January 15, 2001, 26 TexReg 125." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129559", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.493", "label": "Acquisition and Transfer of Customers from one Retail Electric Provider to Another" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213340", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies when a retail electric provider (REP) acquires customers from another REP due to acquisition, merger, bankruptcy, or other similar reason.(b) Notice requirement. Any REP other than a provider of last resort (POLR) that will acquire customers from another REP due to acquisition, merger, bankruptcy, or any other similar reason, shall provide notice the notice required by subsection (c) or (d) of this section to every affected customer. The notice may be in a billing insert or separate mailing, at least 30 days prior to the transfer. If legal or regulatory constraints prevent the sending of advance notice, the notice shall be sent promptly after all legal and regulatory impediments have been removed. The POLR shall comply with the requirements of §25.43 of this title (relating to Provider of Last Resort (POLR)). Transferring customers from one REP to another does not require advance commission approval, unless the transfer is due to abandonment of a REP. The acquiring REP shall also inform the commission or commission staff of the acquisition of customers.(c) Contents of notice for adverse changes in terms of service. If the transfer of a customer will materially change the terms of service for the affected customer in an adverse manner, the notice shall:(1) identify the current and acquiring REP;(2) explain the reasons for the transfer of the customer's account to the new REP;(3) explain that the customer may select another REP without penalty due to the adverse change in the terms of service, and if the customer desires to do so, that they should contact another REP;(4) identify the date that customers will be or were transferred to the acquiring REP;(5) provide the new terms of service, including the Electricity Facts Label of the acquiring REP; and(6) provide a toll-free number for a customer to call for additional information and the identity of the party being called.(d) Contents of notice for transfers with no adverse change in terms of service. If a transfer of a customer will not result in a material adverse change to the terms of service for the affected customer, the notice is not required to contain the information required by subsection (c)(3) of this section.(e) Process to transfer customers. The registration agent shall develop procedures to facilitate the expeditious transfer of large numbers of customers from one REP to another.", "sourceNote": "Source Note: The provisions of this §25.493 adopted to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213340", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.495", "label": "Unauthorized Change of Retail Electric Provider" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190922", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Process for resolving unauthorized change of retail electric provider (REP). If a REP is serving a customer without proper authorization under §25.474 of this title (relating to Selection of Retail Electric Provider), the REP, registration agent, and transmission and distribution utility (TDU) must follow the procedures set forth in this subsection.(1) Either the original REP or switching REP must notify the registration agent of the unauthorized change of REP as promptly as possible, using the process approved by the registration agent.(2) As promptly as possible following receipt of notice by the REP, the registration agent must facilitate the prompt return of the customer to the original REP, or REP of choice in the case of a move-in.(3) The affected REPs, the registration agent, and the TDU must take all actions necessary to return the customer to the customer's original REP, or REP of choice in the case of a move-in, as quickly as possible. The original REP does not need to obtain an additional authorization from the customer under§25.474 of this title in order to effectuate the provision of this section.(4) The affected REPs, the registration agent, and the TDU must take all actions necessary to bill correctly all charges, so that the end result is that:(A) the REP that served the customer without proper authorization must pay all transmission and distribution charges associated with returning the customer to its original REP, or REP of choice in the case of a move-in;(B) the original REP has the right to bill the customer under §25.480 of this title (relating to Bill Payment and Adjustments) at the price disclosed in its terms of service from either:(i) the date the customer is returned to the original REP; or(ii) any prior date chosen by the original REP for which the original REP had the authorization to serve the customer.(C) the REP that served the customer without proper authorization must refund all charges paid by the customer for the time period for which the original REP ultimately bills the customer within five business days after the customer is returned to the original REP, or REP of choice in the case of a move-in;(D) the customer will pay no more than the price at which the customer would have been billed had the unauthorized switch or move-in not occurred;(E) the TDU has the right to seek collection of non-bypassable charges from the REP that ultimately bills the customer under subparagraph (B) of this paragraph; and(F) the REP that ultimately bills the customer under subparagraph (B) of this paragraph is responsible for non-bypassable charges and wholesale consumption for the customer.(5) The original REP must provide the customer all benefits or gifts associated with the service that would have been awarded had the unauthorized switch or move-in not occurred, upon receiving payment for service provided during the unauthorized change.(6) The affected REPs must communicate with the customer as appropriate throughout the process of returning the customer to the original REP or REP of choice and resolving any associated billing issues.(7) In a circumstance where paragraph (4) of this subsection is not applicable or its requirements cannot be effectuated, the market participants involved must work together in good faith to rectify the unauthorized switch or move-in in a manner that affords the customer and market participants involved a level of protection comparable to that required in this subsection.(b) Customer complaints, record retention and enforcement.(1) A customer may file a complaint with the commission, under §25.485 of this title (relating to Customer Access and Complaint Handling), against a REP for an alleged failure to comply with the provisions of this section.(2) Upon receipt of a customer complaint, a REP must:(A) respond to the commission within 15 calendar days after receiving the complaint from the commission. For complaints submitted to the commission before September 1, 2023, the deadline is 21 days after the complaint is received from the commission. The response to the complaint must provide to the commission all documentation relied upon by the REP and related to the:(i) authorization and verification to switch the customer's service; and(ii) corrective actions taken to date, if any.(B) cease any collection activity related to the alleged unauthorized switch or move-in until the complaint has been resolved by the commission.", "sourceNote": "Source Note: The provisions of this §25.495 adopted to be effective June 1, 2004, 29 TexReg 4756; amended to be effective April 26, 2023, 48 TexReg 2089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190922", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.497", "label": "Critical Load Industrial Customers, Critical Load Public Safety Customers, Critical Care Residential Customers, and Chronic Condition Residential Customers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207418", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context indicates otherwise.(1) Critical Load Public Safety Customer--A customer for whom electric service is considered crucial for the protection or maintenance of public safety, including but not limited to hospitals, police stations, fire stations, and critical water and wastewater facilities.(2) Critical Load Industrial Customer--An industrial customer for whom an interruption or suspension of electric service will create a dangerous or life-threatening condition on the retail customer's premises, is a \"critical load industrial customer.\"(3) Chronic Condition Residential Customer--A residential customer who has a person permanently residing in his or her home who has been diagnosed by a physician as having a serious medical condition that requires an electric-powered medical device or electric heating or cooling to prevent the impairment of a major life function through a significant deterioration or exacerbation of the person's medical condition. If that serious medical condition is diagnosed or re-diagnosed by a physician as a life-long condition, the designation is effective under this section for the shorter of one year or until such time as the person with the medical condition no longer resides in the home. Otherwise, the designation or re-designation is effective for 90 days.(4) Critical Care Residential Customer--A residential customer who has a person permanently residing in his or her home who has been diagnosed by a physician as being dependent upon an electric-powered medical device to sustain life. The designation or redesignation is effective for two years under this section.(b) Eligibility for protections. In order to be considered for designation under this section, an application for designation must be submitted by or on behalf of the customer.(1) To be designated as a Critical Care Residential Customer or Chronic Condition Residential Customer, the commission-approved application form must be submitted to the TDU by a physician, in accordance with provisions of this section.(2) To be designated as a Critical Load Public Safety Customer or a Critical Load Industrial Customer, the customer must notify the TDU. To be eligible for the protections provided under this section, the customer must have a determination of eligibility pending with or approved by the TDU. Eligibility shall be determined through a collaborative process among the customer, REP, and TDU, but in the event that the customer, REP and TDU are unable to agree on the designation, the TDU has the authority to make or decline to make the designation.(c) Benefits for Critical Load Public Safety Customers, Critical Load Industrial Customers, Critical Care Residential Customers, and Chronic Condition Residential Customers.(1) A Critical Load Public Safety Customer or a Critical Load Industrial Customer qualifies for notifications of interruptions or suspensions of service as provided in Sections 4.2.5, 5.2.5, and 5.3.7.1 of the TDU's tariff for retail delivery service.(2) A Critical Care Residential Customer or Chronic Condition Residential Customer qualifies for notification of interruptions or suspensions of service, as provided in Sections 4.2.5, 5.2.5, and 5.3.7.1, and for Critical Care Residential Customers protections against suspension or disconnection, as provided in Section 5.3.7.4(1)(D) and (E), of the TDU's tariff for retail delivery service.(3) A Critical Care Residential Customer or Chronic Condition Residential Customer is also eligible for certain protections as described in §25.483 (relating to Disconnection of Service).(4) Designation as a Critical Load Customer, Critical Care Residential Customer, or Chronic Condition Residential Customer does not guarantee the uninterrupted supply of electricity.(d) Notice to customers concerning Critical Care Residential Customer and Chronic Condition Residential Customer status.(1) A REP shall notify each residential applicant for service of the right to apply for Critical Care Residential Customer or Chronic Condition Residential Customer designation. This notice to an applicant for residential service shall be included in the Your Rights as a Customer document.(2) All REPs that serve residential customers shall provide information about Critical Care Residential Customer and Chronic Condition Residential Customer designations to each residential customer two times a year.(3) Upon a customer's request, the REP shall provide to the customer the application form for Critical Care Residential Customer and Chronic Condition Residential Customer designation.(e) Procedure for obtaining Critical Care Residential Customer or Chronic Condition Residential Customer designation.(1) The commission-approved application form shall instruct the customer to have the physician submit the application form by facsimile or other electronic means to the TDU. If the physician submits the form to the REP, the REP shall forward it to the TDU electronically no later than two business days from receipt of the form. The application form shall include a telephone number for reaching a person at the TDU who is capable of responding to questions from a physician or customer about the form during regular business hours.(2) After the TDU receives the form, it shall evaluate the form for completeness. If the form is incomplete, no later than two business days after receiving the form, the TDU shall mail the form to the customer and explain in writing what information is needed to complete the form.(3) If the TDU has returned the form as incomplete or has not finished processing the form within two business days from receipt of the form, the customer shall be designated as a Critical Care Residential Customer or Chronic Condition Residential Customer on a temporary basis pending final designation by the TDU. The temporary designation shall be based on the designation selected by the physician on the form if such designation was included; otherwise, the temporary designation shall be as a Critical Care Residential Customer. The TDU shall notify the customer's REP of such temporary designation using a standard market transaction. If the form is returned to the customer as incomplete, the temporary designation shall remain in effect for 14 days, after which the temporary designation shall expire and the application process must start over.(4) Reasons that a TDU shall consider a form incomplete for an application for Critical Care Residential Customer or Chronic Condition Residential Customer designation include the omission of the name of the person for whom the protection is sought, contact information, physician signature, the designation as a Critical Care Residential Customer or Chronic Condition Residential Customer, and medical board license number of the customer's physician. Any additional mandatory information required for completeness shall be clearly identified on the commission-approved application form. A customer may, but it is not required to, include an emergency (secondary) contact in the application.(5) The TDU shall not challenge the physician's determination of the customer's status, but shall apply the physician's designation of the customer as a Critical Care Residential Customer or Chronic Condition Residential Customer consistent with the information provided on the form and the definitions in this section. The TDU may verify the physician's identity and signature and may deny an application for designation, if it determines that the identity or signature of the physician is not authentic.(6) The TDU shall notify the customer's REP using a standard market transaction and the customer of the final status of the application process, including whether the customer has been designated for Critical Care Residential Customer or Chronic Condition Residential Customer status. The TDU shall also notify the customer of the date a designation, if any, will expire, and whether the customer will receive a renewal notice. The TDU shall provide the emergency contact information (if applicable) to the REP using a standard market transaction. If the customer switches to a different REP, the TDU shall provide the new REP with information on the customer's status and the emergency contact information (if applicable) using a standard market transaction.(7) At the same time the TDU notifies the customer the final status of the customer's application, the TDU shall inform the customer of the customer's right to file a complaint with the commission pursuant to §22.242 of this title (relating to Complaints).(8) The TDU shall notify Critical Care Residential Customers and Chronic Condition Residential Customers of the expiration of their designation in accordance with this subsection. The TDU shall notify the customer's REP using a standard market transaction when a customer is no longer designated as a Critical Care Residential Customer or a Chronic Condition Residential Customer.(9) The TDU shall mail a renewal notice to a Chronic Condition Residential Customer whose designation was for a period longer than 90 days or a Critical Care Residential Customer, at least 45 days prior to the expiration date of the customer's designation. The renewal notice shall also be mailed to the emergency contact included on the commission-approved application form (if applicable). The renewal notice shall include the application form and an explanation of how to reapply for Critical Care Residential Customer or Chronic Condition Residential Customer designation. The renewal notice shall inform the customer that the current designation will expire unless the application form is returned by the expiration date of the existing designation.(f) Effect of Critical Care Residential Customer or Chronic Condition Residential Customer status on payment obligations. A Critical Care Residential Customer or Chronic Condition Residential Customer designation pursuant to this section does not relieve a customer of the obligation to pay the REP for services provided, and a customer's service may be disconnected pursuant to §25.483 of this title.(g) TX SET changes. In the first TX SET release after the effective date of this section, market transactions shall be included to address the requirements of this section.(h) Effective date. The effective date of this section is January 1, 2011.(i) TDU annual report. A TDU shall report to the commission by March 1 of each year beginning in 2012, the number of customers for each type of customer defined in subsection (a) of this section as of December 31 of the previous calendar year. The TDU report shall also include for the previous calendar year, for each type of customer defined in subsection (a) of this section, the number of applications that were rejected as a result of incomplete forms, the number of requests from REPs for disconnection, and the number of disconnections and reconnections completed. An interim report shall be filed by the TDU on April 1, 2011 for the time period from January 1, 2011 through March 1, 2011.", "sourceNote": "Source Note: The provisions of this §25.497 adopted to be effective January 1, 2011, 35 TexReg 9274; amended to be effective June 11, 2012, 37 TexReg 4220; amended to be effective May 13, 2018, 43 TexReg 3001." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207418", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.498", "label": "Prepaid Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207419", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to retail electric providers (REPs) that offer a payment option in which a customer pays for retail service prior to the delivery of service and to transmission and distribution utilities (TDUs) that have installed advanced meters and related systems. A REP may not offer prepaid service to residential or small commercial customers unless it complies with this section. The following provisions do not apply to prepaid service, unless otherwise expressly stated:(1) §25.479 of this title (relating to Issuance and Format of Bills);(2) §25.480(b), (e)(3), (h), (i), (j), and (k) of this title (relating to Bill Payment and Adjustments); and(3) §25.483 of this title (relating to Disconnection of Service), except for §25.483(b)(2)(A) and (B), (d), and (e)(1)-(6) of this title.(b) Definitions. The following terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Connection balance--A current balance, not to exceed $75 for a residential customer, required to establish prepaid service or reconnect prepaid service following disconnection.(2) Current balance--An account balance calculated consistent with subsection (c)(6) of this section.(3) Customer prepayment device or system (CPDS)--A device or system that includes metering and communications capabilities that meet the requirements of this section, including a device or system that accesses customer consumption information from a TDU's advanced metering system (AMS). The CPDS may be owned by the REP, and installed by the TDU consistent with subsection (c)(2)-(4) of this section.(4) Disconnection balance--An account balance, not to exceed $10 for a residential customer, below which the REP may initiate disconnection of the customer's service.(5) Landlord--A landlord or property manager or other agent of a landlord.(6) Postpaid service--A payment option offered by a REP for which the customer normally makes a payment for electric service after the service has been rendered.(7) Prepaid service--A payment option offered by a REP for which the customer normally makes a payment for electric service before service is rendered.(8) Prepaid disclosure statement (PDS)--A document described by subsection (e) of this section.(9) Summary of usage and payment (SUP)--A document described by subsection (h) of this section.(c) Requirements for prepaid service.(1) A REP must file with the commission a notice of its intent to provide prepaid service prior to offering such service. The notice of intent must include a description of the type of CPDS the REP will use, and the initial Electricity Facts Label (EFL), terms of service, and PDS for the service. Except as provided in subsection (m) of this section, a REP-controlled CPDS or TDU settlement provisioned meter is required for any prepaid service.(2) A CPDS that relies on metering equipment other than the TDU meter must conform to the requirements and standards of §25.121(e) of this title (relating to Meter Requirements), §25.122 of this title (relating to Meter Records), and section 4.7.3 of the tariff for retail electric delivery service, which is prescribed by §25.214 of this title (relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities). (3) A TDU may, consistent with its tariff, install CPDS equipment, including meter adapters and collars on or near the TDU's meters. Such installation does not constitute competitive energy services as this term is defined in §25.341(3) of this title (relating to Definitions).(4) A CPDS must not cause harmful interference with the operation of a TDU's meter or equipment, or the performance of any of the TDU's services. If a CPDS interferes with the TDU's meter or equipment, or TDU's services, the CPDS must be promptly corrected or removed. A CPDS that relies on communications channels other than those established by the TDU must protect customer information in accordance with §25.472 of this title (relating to Privacy of Customer Information).(5) A REP may choose the means by which it communicates required information to a customer, including an in-home device at the customer's premises, United States Postal Service, email, telephone, mobile phone, or other electronic communications. The means by which the REP will communicate required information to a customer must be described in the terms of service and the PDS.(A) A REP must communicate time-sensitive notifications required by paragraph (7)(B), (D), and (E) of this subsection by telephone, mobile phone, or electronic means.(B) A REP must, as required by the commission after reasonable notice, provide brief public service notices to its customers. The REP must provide these public service notices to its customers by electronic communication, or by other acceptable mass communication methods, as approved by the commission.(6) A REP must calculate the customer's current balance by crediting the account for payments received and reducing the account balance by known charges and fees that have been incurred, including charges based on estimated usage as allowed in paragraph (11)(E) of this subsection.(A) The REP may also reduce the account balance by:(i) estimated applicable taxes; and(ii) estimated TDU charges that have been incurred in serving the customer and that, pursuant to the terms of service, will be passed through to the customer.(B) If the customer's balance reflects estimated charges and taxes authorized by subparagraph (A) of this paragraph, the REP must promptly reconcile the estimated charges and taxes with actual charges and taxes, and credit or debit the balance accordingly within 72 hours after actual consumption data or a statement of charges from the TDU is available.(C) A REP may reverse a payment for which there are insufficient funds available or that is otherwise rejected by a bank, credit card company, or other payor.(D) If usage sent by the TDU is estimated or the REP estimates consumption according to paragraph (11)(E) of this subsection, the REP must promptly reconcile the estimated consumption and associated charges with the actual consumption and associated charges within 72 hours after actual consumption data is available to the REP.(7) A REP must:(A) on the request of the customer, provide the customer's current balance calculated pursuant to paragraph (6) of this subsection, including the date and time the current balance was calculated and the estimated time or days of paid electricity remaining; and(B) make the current balance available to the customer either:(i) continuously, via the internet, phone, or an in-home device; or(ii) within two hours of the REP's receipt of a customer's balance request, by the means specified in the Terms of Service for making such a request.(C) communicate to the customer the current price for electric service calculated as required by §25.475(g)(2)(A)-(E) of this title (relating to General Retail Electric Provider Requirements and Information Disclosures to Residential and Small Commercial Customers); (D) provide a warning to the customer at least one day and not more than seven days before the customer's current balance is estimated by the REP to drop to the disconnection balance;(E) provide a confirmation code when the customer makes a payment by credit card, debit card, or electronic check. A REP is not required to provide a confirmation code or receipt for payment sent by mail or electronic bill payment system. The REP must provide a receipt showing the amount paid for payment in person. At the customer's request, the REP must confirm all payments by providing to the customer the last four digits of the customer's account number or Electric Service Identifier (ESI ID), payment amount, and the date the payment was received;(F) ensure that a CPDS controlled by the REP does not impair a customer's ability to choose a different REP or any electric service plans offered by the REP that do not require prepayment. When the REP receives notice that a customer has chosen a new REP, the REP must take any steps necessary to facilitate the switch on a schedule that is consistent with the effective date stated on the Electric Reliability Council of Texas (ERCOT) enrollment transaction and ERCOT's rules for processing such transactions; and(G) refund to the customer or an energy assistance agency, as applicable, any unexpended balance from the account within ten business days after the REP receives the final bill and final meter read from the TDU.(i) In the case of unexpended funds provided by an energy assistance agency, the REP must refund the funds to the energy assistance agency and identify the applicable customer and the customer's address associated with each refund.(ii) In the case of unexpended funds provided by the customer that are less than five dollars, the REP must communicate the unexpended balance to the customer and state that the customer may contact the REP to request a refund of the balance. Once the REP has received the request for refund from the customer, the REP must refund the balance within ten business days.(8) Nothing in this subsection limits a customer from obtaining a SUP.(9) The communications provided under paragraph (7)(A)-(D) of this subsection and any confirmation of payment as described in paragraph (7)(E) of this subsection, except a receipt provided when the payment is made in person at a third-party payment location, must be provided in English or Spanish, at the customer's election.(10) A REP must cooperate with energy assistance agencies to facilitate the provision of energy assistance payments to requesting customers.(11) A REP must not:(A) tie the duration of an electric service contract to the duration of a tenant's lease;(B) require, or enter into an agreement with a landlord requiring, that a tenant select the REP as a condition of a lease;(C) require a connection balance in excess of $75 for a residential customer;(D) require security deposits for electric service; or(E) base charges on estimated usage, other than usage estimated by the TDU or estimated by the REP in a reasonable manner for a time period in which the TDU has not provided actual or estimated usage data on a web portal within the time prescribed by §25.130(g) of this title (relating to Advanced Metering) and in which the TDU-provided portal does not provide the REP the ability to obtain on-demand usage data.(12) A REP providing service must not charge a customer any fee for:(A) transitioning from a prepaid service to a postpaid service, but notwithstanding §25.478(c)(3) of this title (relating to Credit Requirements and Deposits), a REP may require the customer to pay a deposit for postpaid service consistent with §25.478(b) or (c)(1) and (2) of this title and may:(i) require the deposit to be paid within ten days after issuance of a written disconnection notice that requests a deposit; or(ii) bill the deposit to the customer.(B) the removal of equipment; or(C) the switching of a customer to another REP, or otherwise cancelling or discontinuing taking prepaid service for reasons other than nonpayment, but may charge and collect early termination fees pursuant to §25.475 of this title.(13) If a customer owes a debt to the REP for electric service, the REP may reduce the customer's account balance by the amount of the debt. Before reducing the account balance, the REP must notify the customer of the amount of the debt and that the customer's account balance will be reduced by the amount of the debt no sooner than 10 days after the notice required by this paragraph is issued.(14) In addition to the connection balance, a REP may require payment of applicable TDU fees, if any, prior to establishing electric service or reconnecting electric service.(15) A REP that provides prepaid service to a residential customer must not charge an amount for electric service that is higher than the price charged by the POLR in the applicable TDU service territory. The price for prepaid service to a residential customer calculated as required by §25.475(g)(2)(A)-(E) of this title must be equal to or lower than the maximum POLR rate for the residential customer class at the 500 kilowatt-hour (kWh), 1,000 kWh, and 2,000 kWh usage levels as shown on the POLR EFL posted on the commission's website for the applicable TDU service territory. When an updated POLR EFL is posted on the commission's website, the REP, at the REP's option, may continue to reference the prior POLR EFL to ensure compliance with this paragraph for prepaid service prices charged during the first 30 days, beginning the date that the updated POLR EFL is posted. For a fixed rate product, the REP must show that the prepaid service prices calculated under §25.475(g)(2)(A), (D)-(E) of this title are equal to or lower than the test described in this paragraph at the time the REP makes the offer and provided that the customer accepts the offer within 30 days.(d) Customer acknowledgement. As part of the enrollment process, a REP must obtain the applicant's or customer's acknowledgement of the following statement: \"The continuation of electric service depends on your prepaying for service on a timely basis and if your balance falls below {insert dollar amount of disconnection balance}, your service may be disconnected with little notice. Some electric assistance agencies may not provide assistance to customers that use prepaid service.\" The REP must obtain this acknowledgement using any of the authorization methods specified in §25.474 of this title (relating to Selection of Retail Electric Provider).(e) Prepaid disclosure statement (PDS). A REP must provide a PDS contemporaneously with the delivery of the contract documents to a customer pursuant to §25.474 of this title and as required by subsection (f) of this section. A REP must also provide a PDS contemporaneously with any advertisement or other marketing materials not addressed in subsection (f) of this section that include a specific price or cost for prepaid service. The commission may adopt a form for a PDS. The PDS must be a separate document and must be at a minimum written in 12-point font, and must:(1) provide the following statement: \"The continuation of electric service depends on you prepaying for service on a timely basis and if your current balance falls below the disconnection balance, your service may be disconnected with little notice.\";(2) inform the customer of the following:(A) the connection balance that is required to initiate or reconnect electric service;(B) the acceptable forms of payment, the hours that payment can be made, instructions on how to make payments, any requirement to verify payment and any fees associated with making a payment;(C) when service may be disconnected and the disconnection balance;(D) that prepaid service is not available to critical care or chronic condition residential customers as these terms are defined in §25.497 of this title (relating to Critical Load Industrial Customers, Critical Load Public Safety Customers, Critical Care Residential Customers and Chronic Condition Residential Customers);(E) the means by which the REP will communicate required information;(F) the availability of deferred payment plans and, if a REP reserves the right to apply a switch-hold while the customer is subject to a deferred payment plan, that a switch-hold may apply until the customer satisfies the terms of the deferred payment plan, and that a switch-hold means the customer will not be able to buy electricity from other companies while the switch-hold is in place;(G) the availability of energy bill payment assistance, including the disclosure that some electric assistance agencies may not provide assistance to customers that use prepaid service and the statement \"If you qualify for low-income status or low-income assistance, have received energy assistance in the past, or you think you will be in need of energy assistance in the future, you should contact the billing assistance program to confirm that you can qualify for energy assistance if you need it.\"; and(H) an itemization of any non-recurring REP fees and charges that the customer may be charged.(3) be prominently displayed in the property management office of any multi-tenant commercial or residential building at which the landlord is acting as an agent of the REP.(f) Marketing of prepaid services.(1) This paragraph applies to advertisements conveyed through print, television, radio, outdoor advertising, prerecorded telephonic messages, bill inserts, bill messages, and electronic media other than Internet websites. If the advertisement includes a specific price or cost, the advertisement must include in a manner that is clear and conspicuous to the intended audience:(A) any non-recurring fees, and the total amount of those fees, that will be deducted from the connection balance to establish service;(B) the following statement, if applicable: \"Utility fees may also apply and may increase the total amount that you pay.\";(C) the maximum fee per payment transaction that may be imposed by the REP; and(D) the following statement: \"You can obtain important standardized information that will allow you to compare this product with other offers. Contact (name, telephone number, and Internet address (if available) of the REP).\" If the REP's phone number or website address is already included on the advertisement, the REP need not repeat the phone number or website as part of this required statement. The REP must provide the PDS and EFL to a person who requests standardized information for the product.(2) This paragraph applies to all advertisements and marketing that include a specific price or cost conveyed through Internet websites, direct mail, mass e-mails, and any other media not addressed by paragraphs (1), (3), and (4) of this subsection. In addition to meeting the requirements of §25.474(d)(7) of this title, a REP must include the PDS and EFL on Internet websites and in direct mail, mass e-mails, and any other media not addressed by paragraphs (1), (3), and (4) of this subsection. For electronic communications, the PDS and EFL may be provided through a hyperlink.(3) This paragraph applies to outbound telephonic solicitations initiated by the REP. A REP must disclose the following:(A) information required by paragraph (1)(A)-(C) of this subsection;(B) when service may be disconnected, the disconnection balance, and any non-TDU disconnection fees;(C) the means by which the REP will communicate required information; and(D) the following statement: \"You have the right to review standardized documents before you sign up for this product.\" The REP must provide the PDS and EFL to a person who requests standardized information for the product.(4) This paragraph applies to solicitations in person. In addition to meeting the requirements of §25.474(e)(8) of this title, before obtaining a signature from an applicant or customer who is being enrolled in prepaid service, a REP must provide the applicant or customer a reasonable opportunity to read the PDS.(g) Landlord as customer of record. A REP offering prepaid service to multiple tenants at a location may designate the landlord as the customer of record for the purpose of transactions with ERCOT and the TDU.(1) For each ESI ID for which the REP chooses to designate the landlord as the customer of record, the REP must provide to the TDU the name, service and mailing addresses, and ESI ID, and keep that information updated as required in the TDU's Tariff for Retail Delivery Service.(2) The REP must treat each end-use consumer as a customer for purposes of this subchapter, including §25.471 of this title (relating to General Provisions of Customer Protection Rules). Nothing in this subsection affects a REP's responsibility to provide customer billing contact information to ERCOT in the format required by ERCOT.(h) Summary of usage and payment (SUP).(1) A REP must provide a SUP to each customer upon the customer's request within three business days of receipt of the request. The SUP must be delivered by an electronic means of communications that provides a downloadable and printable record of the SUP or, if the customer requests, by the United States Postal Service. If a customer requests a paper copy of the SUP, a REP may charge a fee for the SUP, which must be specified in the terms of service and PDS provided to the customer. For purposes of the SUP, a billing cycle must conform to a calendar month.(2) A SUP must include the following information:(A) the certified name and address of the REP and the number of the license issued to the REP by the commission;(B) a toll-free telephone number, in bold-face type, that the customer can call during specified hours for questions and complaints to the REP about the SUP;(C) the name, meter number, account number, ESI ID of the customer, and the service address of the customer;(D) the dates and amounts of payments made during the period covered by the summary;(E) a statement of the customer's consumption and charges by calendar month during the period covered by the summary;(F) an itemization of non-recurring charges, including returned check fees and reconnection fees; and(G) the average price for electric service for each calendar month included in the SUP. The average price for electric service must reflect the total of all fixed and variable recurring charges, but not including state and local sales taxes, reimbursement for the state miscellaneous gross receipts tax, and any nonrecurring charges or credits, divided by the kilowatt-hour consumption, and must be expressed as a cents per kilowatt-hour amount rounded to the nearest one-tenth of one cent.(3) If a REP separately identifies a charge defined by one of the terms in this paragraph on the customer's SUP, then the term in this paragraph must be used to identify the charge, and such term and its definition must be easily located on the REP's website and available to a customer free of charge upon request. Nothing in the paragraph precludes a REP from aggregating TDU or REP charges. For any TDU charge(s) listed in this paragraph, the amount billed by the REP must not exceed the amount of the TDU charge(s). The label for any TDU charge(s) may also identify the TDU that issued the charge(s). A REP may use a different term than a defined term by adding or deleting a suffix, adding the word \"total\" to a defined term, where appropriate, changing the use of lower-case or capital letters or punctuation, or using the acceptable abbreviation specified in this paragraph for a defined term. If an abbreviation other than the acceptable abbreviation is used for the term, then the term must also be identified on the customer's SUP.(A) Advanced metering charge--A charge assessed to recover a TDU's charges for Advanced Metering Systems, to the extent that they are not recovered in a TDU's standard metering charge. Acceptable abbreviation: Advanced Meter.(B) Competition Transition Charge--A charge assessed to recover a TDU's charges for nonsecuritized costs associated with the transition to competition. Acceptable abbreviation: Competition Transition.(C) Energy Efficiency Cost Recovery Factor--A charge assessed to recover a TDU's costs for energy efficiency programs, to the extent that the TDU charge is a separate charge exclusively for that purpose that is approved by the Public Utility Commission. Acceptable abbreviation: Energy Efficiency.(D) Late Payment Penalty--A charge assessed for late payment in accordance with Public Utility Commission rules.(E) Meter Charge--A charge assessed to recover a TDU's charges for metering a customer's consumption, to the extent that the TDU charge is a separate charge exclusively for that purpose that is approved by the Public Utility Commission.(F) Miscellaneous Gross Receipts Tax Reimbursement--A fee assessed to recover the miscellaneous gross receipts tax imposed on retail electric providers operating in an incorporated city or town having a population of more than 1,000. Acceptable abbreviation: Gross Receipts Reimb.(G) Nuclear Decommissioning Fee--A charge assessed to recover a TDU's charges for decommissioning of nuclear generating sites. Acceptable abbreviation: Nuclear Decommission.(H) PUC Assessment--A fee assessed to recover the statutory fee for administering the Public Utility Regulatory Act.(I) Sales tax--Sales tax collected by authorized taxing authorities, such as the state, cities and special purpose districts.(J) TDU Delivery Charges--The total amounts assessed by a TDU for the delivery of electricity to a customer over poles and wires and other TDU facilities not including discretionary charges.(K) Transmission Distribution Surcharges--One or more TDU surcharge(s) on a customer's bill in any combination. Surcharges include charges billed as tariff riders by the TDU. Acceptable abbreviation: TDU Surcharges.(L) Transition Charge--A charge assessed to recover a TDU's charges for securitized costs associated with the transition to competition.(4) If the REP includes any of the following terms in its SUP, the term must be applied in a manner consistent with the definitions, and such term and its definition must be easily located on the REP's website and available to a customer free of charge upon request:(A) Base Charge--A charge assessed during each billing cycle of service without regard to the customer's demand or energy consumption.(B) Demand Charge--A charge based on the rate at which electric energy is delivered to or by a system at a given instant, or averaged over a designated period during the billing cycle.(C) Energy Charge--A charge based on the electric energy (kWh) consumed.(5) Unless a shorter time period is specifically requested by the customer, information provided must be for the most recent 12 months, or the longest period available if the customer has taken prepaid service from the REP for less than 12 months.(6) In accordance with §25.472(b)(1)(D) of this title, a REP must provide a SUP to an energy assistance agency within one business day of receipt of the agency's request, and must not charge the agency for the SUP.(i) Deferred payment plans. A deferred payment plan for a customer taking prepaid service is an agreement between the REP and a customer that requires a customer to pay a negative current balance over time. A deferred payment plan may be established in person, by telephone, or online, but all deferred payment plans must be confirmed in writing by the REP to the customer.(1) The REP must place a residential customer on a deferred payment plan, at the customer's request:(A) when the customer's current balance reflects a negative balance of $50 or more during an extreme weather emergency, as defined in §25.483(j)(1) of this title, if the customer makes the request within one business day after the weather emergency has ended; or(B) during a state of disaster declared by the governor pursuant to Texas Government Code §418.014 if the customer is in an area covered by the declaration and the commission directs that deferred payment plans be offered.(2) The REP must offer a deferred payment plan to a residential customer who has been underbilled by $50 or more for reasons other than theft of service.(3) The REP may offer a deferred payment plan to a customer who has expressed an inability to pay.(4) The deferred payment plan must include both the negative current balance and the connection balance.(5) The customer has the right to satisfy the deferred payment plan before the prescribed time.(6) The REP may require that:(A) no more than 50% of each transaction amount be applied towards the deferred payment plan; or(B) an initial payment of no greater than 50% of the amount due be made, with the remainder of the deferred amount paid in installments. The REP must inform the customer of the right to pay the remaining deferred balance by reducing the deferred balance by five equal monthly installments. However, the customer can agree to fewer or more frequent installments. The installments to repay the deferred balance must be applied to the customer's account on a specified day of each month.(7) The REP may initiate disconnection of service if the customer does not meet the terms of a deferred payment plan or if the customer's current balance falls below the disconnection balance, excluding the remaining deferred amount. However, the REP must not initiate disconnection of service unless it has provided the customer at least one day's notice that the customer has not met the terms of the plan or, pursuant to subsection (c)(7)(D) of this section, a timely notice that the customer's current balance was estimated to fall below the disconnection balance, excluding the remaining deferred amount.(8) The REP may apply a switch-hold while the customer is on a deferred payment plan.(9) A copy of the deferred payment plan must be provided to the customer.(A) The plan must include a statement, in clear and conspicuous type, that states, \"If you have any questions regarding the terms of this agreement, or if the agreement was made by telephone and you believe this does not reflect your understanding of that agreement, contact (insert name and contact number of REP).\"(B) If a switch-hold will apply, the plan must include a statement, in a clear and conspicuous type, that states \"By entering into this agreement, you understand that {company name} will put a switch-hold on your account. A switch-hold means that you will not be able to buy electricity from other companies until you pay this past due amount. The switch-hold will be removed after your final payment on this past due amount is processed. While a switch-hold applies, if you are disconnected for not paying, you will need to pay {us or company name}, to get your electricity turned back on.\"(C) If the customer and the REP's representative or agent meet in person, the representative must read to the customer the statement in subparagraph (A) of this paragraph and, if applicable, the statement in subparagraph (B) of this paragraph.(D) The plan may include a one-time penalty in accordance with §25.480(c) of this title, but must not include a finance charge.(E) The plan must include the terms for payment of deferred amounts, consistent with paragraph (6) of this subsection.(F) The plan must state the total amount to be paid under the plan.(G) The plan must state that a customer's electric service may be disconnected if the customer does not fulfill the terms of the deferred payment plan, or if the customer's current balance falls below the disconnection balance, excluding the remaining deferred amount.(10) The REP must not charge the customer a fee for placing the customer on a deferred payment plan.(11) The REP, through a standard market process, must submit a request to remove the switch-hold, pursuant to §25.480(m)(2) of this title if the customer pays the deferred balance owed to the REP. On the day the REP submits the request to remove the switch-hold, the REP must notify the customer that the customer has satisfied the deferred payment plan and that the switch-hold is being removed.(j) Disconnection of service. As provided by subsection (a)(4) of this section, §25.483 (b)(2)(A) and (B), (d), (e)(1) - (6), and the definition of extreme weather in §25.483(j)(1) of this title apply to prepaid service. In addition to those provisions, this subsection applies to disconnection of a customer receiving prepaid service.(1) Prohibition on disconnection. A REP must not initiate disconnection for a customer's failure to maintain a current balance above the disconnection balance on a weekend day or during any period during which the mechanisms used for payments specified in the customer's PDS are unavailable; or during an extreme weather emergency, as this term is defined in §25.483 of this title, in the county in which the service is provided.(2) Initiation of disconnection. A REP may initiate disconnection of service when the current balance falls below the disconnection balance, but only if the REP provided the customer a timely warning pursuant to subsection (c)(7)(D) of this section; or when a customer fails to comply with a deferred payment plan, but only if the REP provided the customer a timely warning pursuant to subsection (i)(7) of this section. A REP may initiate disconnection if the customer's current balance falls below the disconnection balance due to reversal of a payment found to have insufficient funds available or is otherwise rejected by a bank, credit card company, or other payor.(3) Pledge from electric assistance agencies. If a REP receives a pledge, letter of intent, purchase order, or other commitment from an energy assistance agency to make a payment for a customer, the REP must immediately credit the customer's current balance with the amount of the pledge.(A) The REP must not initiate disconnection of service if the pledge from the energy assistance agency (or energy assistance agencies) establishes a current balance above the customer's disconnection balance or, if the customer has been disconnected, must request reconnection of service if the pledge from the energy assistance agency establishes a current balance for the customer that is at or above the customer's connection balance required for reconnection.(B) The REP may initiate disconnection of service if payment from the energy assistance agency is not received within 45 days of the REP's receipt of the commitment or if the payment is not sufficient to satisfy the customer's disconnection balance in the case of a currently energized customer, or the customer's connection balance if the customer has been disconnected for falling below the disconnection balance.(4) Reconnection of service. Within one hour of a customer establishing a connection balance or any otherwise satisfactory correction of the reasons for disconnection, the REP must request that the TDU reconnect service or, if the REP disconnected service using its CPDS, reconnect service. The REP's payment mechanism may include a requirement that the customer verify the payment using a card, code, or other similar method in order to establish a connection balance or current balance above the disconnection balance when payment is made to a third-party processor acting as an agent of the REP.(k) Service to Critical Care Residential Customers and Chronic Condition Residential Customers. A REP must not knowingly provide prepaid service to a customer who is a critical care residential customer or chronic condition residential customer as those terms are defined in §25.497 of this title. In addition, a REP must not enroll an applicant who states that the applicant is a critical care residential customer or chronic condition residential customer.(1) If the REP is notified by the TDU that a customer receiving prepaid service is designated as a critical care residential customer or chronic condition residential customer, the REP must diligently work with the customer to promptly transition the customer to postpaid service or another REP in a manner that avoids a service disruption. The REP must not charge the customer a fee for the transition, including an early termination or disconnection fee.(2) If the customer is unresponsive, the REP must transfer the customer to a competitively offered, month-to-month postpaid product at a rate no higher than the rate calculated pursuant to §25.43(l)(2)(A) of this title. The REP must provide the customer notice that the customer has been transferred to a new product and must provide the customer the new product's Terms of Service and EFL.(l) Compliance period. No later than October 1, 2011, prepaid service offered by a REP pursuant to a new contract to a customer being served using a \"settlement provisioned meter,\" as that term is defined in Chapter 1 of the TDU's tariff for retail delivery service, or using a REP-controlled collar or meter must comply with this section. Before October 1, 2011, prepaid service offered by a REP to a customer served using a settlement provisioned meter or REP-controlled collar or meter must comply with this section as it currently exists or as it existed in 2010, except as provided in subsection (m) of this section. (m) Transition of Financial Prepaid Service Customers. A REP may continue to provide a financial prepaid service (i.e., one that does not use a settlement provisioned meter or REP-controlled collar or meter) only to its customer that was receiving financial prepaid service at a particular location on October 1, 2011. A customer who is served by a financial prepaid service must be transitioned to a service that complies with the other subsections of this section by the later of October 1, 2011 or sixty days after the customer begins to be served using either a settlement provisioned meter or a REP-controlled collar or meter. The customer must be notified by the REP that the customer's current prepaid service will no longer be offered as of a date specified by the REP by the later of either October 1, 2011 or sixty days after the customer begins to be served using either a settlement provisioned meter or REP-controlled collar or meter, as applicable. The REP must provide the notification no sooner than 60 days and not less than 30 days prior to the termination of the customer's current prepaid service. The customer must be notified that the customer will be moved to a new prepaid service, and the REP must transmit an EFL and PDS to the customer with the notification, if the customer does not choose another service or REP.", "sourceNote": "Source Note: The provisions of this §25.498 adopted to be effective May 17, 2011, 36 TexReg 3079; amended to be effective August 19, 2012, 37 TexReg 6006; amended to be effective May 13, 2018, 43 TexReg 3001; amended to be effective January 6, 2022, 46 TexReg 9242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207419", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.499", "label": "Acknowledgement of Risk Requirements for Certain Commercial Contracts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes requirements for the offering of wholesale indexed products and products containing separate assessment of ancillary services costs to a customer other than a residential or small commercial customer.(b) Application. This section applies to all retail electric providers (REPs), aggregators and brokers. The Acknowledgement of Risk (AOR) for wholesale indexed products required by this section is effective for enrollments or re-enrollments entered into on or after September 1, 2021. The AOR required for other product types required under this section are effective for enrollments or re-enrollments entered into on or after April 1, 2021. REPs are not required to modify contract documents related to contracts or enrollments entered into before this date.(c) Definitions. The definitions set forth in §25.5 (relating to Definitions) and §25.471(d) (relating to General Provisions of Customer Protection Rules) of this title apply to this section. In addition, wholesale indexed product, when used in this section, means a retail electric product in which the price a customer pays for electricity includes a direct pass-through of real-time settlement point prices determined by the independent organization certified under the Public Utility Regulatory Act (PURA) §39.151 for the ERCOT power region.(d) Acknowledgement of Risk (AOR). Before a customer other than a residential or small commercial customer is enrolled in a wholesale indexed product, or a product that contains a separate assessment of ancillary service charges, an aggregator, broker, or REP must obtain an AOR, signed by the customer, verifying that the customer accepts the potential price risks associated with the product.(1) For Wholesale Indexed Products, the AOR must include the following statement in clear, boldfaced text: \"I understand that the volatility and fluctuation of wholesale energy pricing may cause my energy bill to be multiple times higher in a month in which wholesale energy prices are high. I understand that I will be responsible for charges caused by fluctuations in wholesale energy prices.\"(2) For products that contain a separate assessment of ancillary service charges the AOR must include the following statement in clear, boldfaced text: \"I understand that my energy bill may include a separate assessment of ancillary service charges, which may cause my energy bill to be multiple times higher in a month in which ancillary services charges are high. I understand that I will be responsible for charges caused by fluctuations in ancillary service charges.\"(3) An AOR may be included as an addendum to a contract.(4) A REP, aggregator, or broker must retain a record of the AORs for each customer during the time the applicable plan is in effect and for four years after the contract ceases to be in effect for any customer. A REP must provide such documents at the request of the commission or its staff.", "sourceNote": "Source Note: The provisions of this §25.499 adopted to be effective January 6, 2022, 46 TexReg 9242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167101", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS" }, "rule": { "number": "§25.500", "label": "Privacy of Advanced Metering System Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155983", "queryAsDate": "03/11/2026" }, "ruleBody": "A transmission and distribution utility shall not sell, share, or disclose information generated, provided, or otherwise collected from an advanced metering system or meter information network, including information used to calculate charges for service, historical load data, and any other customer information; except the transmission and distribution utility may share such information with an affiliated corporation as defined in §25.5 of this title (relating to Definitions), or other third-party entity, if the information is to be used only for the purpose of:(1) Providing electric utility service to the customer; or(2) Other customer-approved services.", "sourceNote": "Source Note: The provisions of this §25.500 adopted to be effective May 7, 2014, 39 TexReg 3585." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155983", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.501", "label": "Wholesale Market Design for the Electric Reliability Council of Texas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197139", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. The protocols and other rules and requirements of the Electric Reliability Council of Texas (ERCOT) that implement this section shall be developed with consideration of microeconomic principles and shall promote economic efficiency in the production and consumption of electricity; support wholesale and retail competition; support the reliability of electric service; and reflect the physical realities of the ERCOT electric system. Except as otherwise directed by the commission, ERCOT shall determine the market clearing prices of energy and other ancillary services that it procures through auctions and the congestion rents that it charges or credits, using economic concepts and principles such as: shadow price of a constraint, marginal cost pricing, and maximizing the sum of consumer and producer surplus.(b) Bilateral markets and default provision of energy and ancillary capacity services. ERCOT shall permit market participants to self-arrange (self-schedule or bilaterally contract for) energy and ancillary capacity services, except to the extent that doing so would adversely impact ERCOT's ability to maintain reliability. To the extent that a market participant does not self-arrange the energy and ancillary capacity services necessary to meet its obligations or to the extent that ERCOT determines that the market participant's self-arranged ancillary services will not be delivered, ERCOT shall procure energy and ancillary capacity services on behalf of the market participant to cover the shortfall and charge the market participant for the services provided.(c) Day-ahead energy market. ERCOT shall operate a voluntary day-ahead energy market, either directly or through contract.(d) Adequacy of operational information. ERCOT shall require resource-specific bid curves for energy and ancillary capacity services that it competitively procures in the day-ahead or operating day, and ERCOT shall use these bid curves or ex-ante mitigated bid curves to address market failure, as appropriate, in its operational decisions and financial settlements.(e) Congestion pricing.(1) ERCOT shall directly assign all congestion rents to those resources that caused the congestion.(2) ERCOT shall be considered to have complied with paragraph (1) of this subsection if it complies with this paragraph. ERCOT shall settle each resource imbalance at its nodal locational marginal price (LMP) calculated pursuant to subsection (f) of this section; each load imbalance at its zonal price calculated pursuant to subsection (h) of this section; and congestion rents on each scheduled transaction for a resource and load pair at the difference between the nodal LMP at the resource injection location calculated pursuant to subsection (f) of this section and the zonal price at the load withdrawal location calculated pursuant to subsection (h) of this section.(f) Nodal energy prices for resources. ERCOT shall use nodal energy prices for resources. Nodal energy prices for resources shall be the locational marginal prices, consistent with subsection (e) of this section, resulting from security-constrained, economic dispatch.(g) Energy trading hubs. ERCOT shall provide information for energy trading hubs by aggregating nodes and calculating an average price for each aggregation, for each financial settlement interval.(h) Zonal energy prices for loads. ERCOT shall use zonal energy prices for loads that consist of an aggregation of either the individual load node energy prices within each zone or the individual resource node energy prices within each zone. Individual load node or resource node energy prices shall be the locational marginal prices, consistent with subsection (e) of this section, resulting from security-constrained, economic dispatch. ERCOT shall maintain stable zones and shall notify market participants in advance of zonal boundary changes in order that the market participants will have an appropriate amount of time to adjust to the changes.(i) Congestion rights. ERCOT shall provide congestion revenue rights (CRRs), but shall not provide physical transmission rights. ERCOT shall auction all CRRs, using a simultaneous combinatorial auction, except as otherwise ordered by the commission for any preassigned CRRs approved by the commission. CRRs shall not be subject to \"use-it-or-lose-it\" or \"schedule-it-or-lose-it\" restrictions and shall be tradable.(j) Pricing safeguards. ERCOT shall apply pricing safeguards to protect against market failure, including market power abuse, consistent with direction provided by the commission.(k) Simultaneous optimization of ancillary capacity services. For ancillary capacity services that it competitively procures in the day-ahead or operating day, ERCOT shall use simultaneous optimization and shall set prices for each service to the corresponding shadow price.(l) Multi-settlement system for procuring energy and ancillary capacity services. For any energy and ancillary capacity services that it competitively procures in the day-ahead or operating day, ERCOT shall set a separate market clearing price for each procurement of a particular service.(m) Energy Storage.(1) For a storage facility that has more than one delivery point, ERCOT shall net the impact of those delivery points on the ERCOT system for settlement purposes.(2) Wholesale storage occurs when electricity is used to charge a storage facility; the storage facility is separately metered from all other facilities including auxiliary facilities; and energy from the electricity is stored in the storage facility and subsequently re-generated and sold at wholesale as energy or ancillary services. Wholesale storage is wholesale load and ERCOT shall settle it accordingly, except that ERCOT shall settle wholesale storage using the nodal energy price at the electrical bus that connects the storage facility to the transmission system, or if the storage facility is connected at distribution voltage, the nodal price of the nearest electrical bus that connects to the transmission system. Wholesale storage is not subject to retail tariffs, rates, and charges or fees assessed in conjunction with the retail purchase of electricity. Wholesale storage shall not be subject to ERCOT charges and credits associated with ancillary service obligations, or other load ratio share or per megawatt-hour based charges and allocations. The owner or operator of electric storage equipment or facilities shall not make purchases of electricity for storage during a system emergency declared by ERCOT unless ERCOT directs that such purchases occur.", "sourceNote": "Source Note: The provisions of this §25.501 adopted to be effective October 13, 2003, 28 TexReg 8901; amended to be effective November 18, 2004, 29 TexReg 10504; amended to be effective April 18, 2012, 37 TexReg 2613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.502", "label": "Pricing Safeguards in Markets Operated by the Electric Reliability Council of Texas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204037", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to protect the public from harm when wholesale electricity prices in markets operated by the Electric Reliability Council of Texas (ERCOT) in the ERCOT power region are not determined by the normal forces of competition. (b) Applicability. This section applies to any entity, either acting alone or in cooperation with others, that buys or sells at wholesale energy, capacity, or any other wholesale electric service in a market operated by ERCOT in the ERCOT power region; any agent that represents such an entity in such activities; and ERCOT. This section does not limit the commission's authority to ensure reasonable ancillary energy and capacity service prices and to address market power abuse.(c) Definitions. The following terms, when used in this section, have the following meanings, unless the context indicates otherwise.(1) Competitive constraint--A transmission element on which prices to relieve congestion are moderated by the normal forces of competition between multiple, unaffiliated resources.(2) Generation entity--An entity that owns or controls a generation resource.(3) Market location--The location for purposes of financial settlement of a service (e.g., congestion management zone in a zonal market design or a node in a nodal market design).(4) Must-run alternative (MRA) service--A service that ERCOT may procure as an alternative to reliability must-run service.(5) Noncompetitive constraint--A transmission element on which prices to relieve congestion are not moderated by the normal forces of competition between multiple, unaffiliated resources.(6) Reliability must-run (RMR) service--A service provided by a generation resource to meet a reliability need resulting from the planned suspension of operation of that generation resource for a period of greater than 180 calendar days. (7) Resource--A generation resource, or a load capable of complying with ERCOT instructions to reduce or increase the need for electrical energy or to provide an ancillary service (i.e., a \"load acting as a resource\").(8) Resource entity--An entity that owns or controls a resource.(9) Suspension date--The date specified by a generation entity in a notice to ERCOT as the date on which it intends to suspend operation of a generation resource for a period of greater than 180 calendar days.(d) Control of resources. Each resource entity must inform ERCOT as to each resource that it controls, and provide proof that is sufficient for ERCOT to verify control. In addition, the resource entity must notify ERCOT of any change in control of a resource that it controls no later than 14 calendar days prior to the date that the change in control takes effect, or as soon as possible in a situation where the resource entity cannot meet the 14 calendar day notice requirement. For purposes of this section, \"control\" means ultimate decision-making authority over how a resource is dispatched and priced, either by virtue of ownership or agreement, and a substantial financial stake in the resource's profitable operation. If a resource is jointly controlled, the resource entities must inform ERCOT of any right to use an identified portion of the capacity of the resource. Resources under common control will be considered affiliated.(e) RMR resources. Except for the occurrence of a forced outage, a generation entity must submit to ERCOT in writing a notice of suspension of operation no later than 150 calendar days prior to the suspension date. If a generation resource is to be mothballed on a seasonal basis in accordance with ERCOT protocols, the generation entity must submit in writing a notice of suspension of operation no later than 90 calendar days prior to the suspension date. ERCOT must issue a final determination of the need for RMR service within 60 calendar days of ERCOT's receipt of the notice. If ERCOT determines that the generation resource is not needed for RMR service, the generation entity may suspend operation of the generation resource before the suspension date, subject to ERCOT approval. Unless ERCOT has determined that a generation entity's generation resource is not required for ERCOT reliability, determined that the resource is needed for reliability but is not a cost-effective solution to the reliability concern, or entered into an MRA service agreement as an alternative to an RMR service agreement, the generation entity must not terminate its registration of the generation resource with ERCOT unless it has transferred the generation resource to a generation entity that has a current resource-entity agreement with ERCOT and the transferee registers that generation resource with ERCOT at the time of the transfer. (1) Complaint with the commission. If, by the suspension date, ERCOT has not notified the generation entity that the continued operation of the generation resource is not required for reliability or is not a cost-effective solution to the reliability need, and has not entered into an RMR service agreement with the generation entity for the generation resource or an MRA service agreement as an alternative to an RMR service agreement, then the generation entity may file a complaint with the commission against ERCOT, under §22.251 of this title (relating to Review of Electric Reliability Council of Texas (ERCOT) conduct).(A) The generation entity will have the burden of proof.(B) As required by §22.251(d) of this title, absent a showing of good cause to the commission to justify a later deadline, the generation entity's deadline to file the complaint is 35 calendar days after the suspension date. (C) The dispute underlying the complaint is not subject to ERCOT's alternative dispute resolution procedures.(D) In its complaint, the generation entity may request interim relief under §22.125 of this title (relating to Interim Relief), an expedited procedural schedule, and identify any special circumstances pertaining to the generation resource at issue. (E) As required by §22.251(f) of this title, ERCOT must file a response to the generation entity's complaint and must include as part of the response all existing, non-privileged documents that support ERCOT's position on the issues identified by the generation entity as required by §22.251(d)(1)(C) of this title.(F) The scope of the complaint may include the need for the RMR service; the reasonable compensation and other terms for the RMR service; the length of the RMR service, including any appropriate RMR exit options; and any other issue pertaining to the RMR service. (G) Any compensation ordered by the commission will be effective the first calendar day after the suspension date. If there is a pre-existing RMR service agreement concerning the generation resource, the compensation ordered by the commission will not become effective until the termination of the pre-existing agreement, unless the commission finds that the pre-existing RMR service agreement is not in the public interest. (H) If the generation entity does not file a complaint with the commission, the generation entity will be deemed to have accepted ERCOT's most-recent offer as of the suspension date.(2) Out-of-merit-order dispatch. The generation entity must maintain the generation resource so that it is available for out-of-merit-order dispatch instruction by ERCOT until: (A) ERCOT determines that the generation resource is not required for ERCOT reliability; (B) any RMR service agreement takes effect; (C) the commission determines that the generation resource is not required for ERCOT reliability; or (D) a commission order requiring the generation entity to provide RMR service takes effect.(3) RMR exit strategy. Unless otherwise ordered by the commission, the implementation of an RMR exit strategy in conformance with the ERCOT Protocols is not affected by the filing of a complaint under this subsection. (4) Evaluation of RMR and MRA service. ERCOT may decline to enter into an RMR or MRA service agreement based on an evaluation that considers the costs and benefits of the RMR or MRA service, subject to the requirements of paragraph (5) of this subsection. ERCOT may enter into an MRA service agreement if it identifies a resource or group of resources that will address a reliability need resulting from a planned suspension of operation of a generation resource in a more cost-effective manner than entering into an RMR service agreement, subject to the requirements of paragraph (5) of this subsection. ERCOT may incorporate the economic value of lost load into its evaluation.(5) Approval of RMR and MRA service agreements. All recommendations by ERCOT staff to enter into an RMR or MRA service agreement will be subject to approval by the ERCOT governing board. If ERCOT identifies a reliability need for RMR or MRA service but recommends against entering into an RMR or MRA service agreement, ERCOT staff's recommendation will be subject to approval by the ERCOT governing board. In its request for governing board approval, ERCOT staff must present information that justifies its recommendation. (6) Refund of payments for capital expenditures. A resource entity that owns or controls a resource providing RMR or MRA service must refund payments for capital expenditures made by ERCOT in connection with the RMR or MRA service agreement if the resource participates in the energy or ancillary service markets at any time following the termination of the agreement. ERCOT may require less than the entire original amount of capital expenditures to be refunded to reflect the depreciation of capital over time.(7) Implementation. ERCOT, through its stakeholder process, must establish protocols and procedures to implement this subsection.(f) Noncompetitive constraints. ERCOT, through its stakeholder process, must develop protocols to mitigate the price effects of congestion on noncompetitive constraints. (1) The protocols must specify a method by which noncompetitive constraints may be distinguished from competitive constraints. (2) Competitive constraints and noncompetitive constraints must be designated annually prior to the corresponding auction of annual congestion revenue rights. A constraint may be redesignated on an interim basis. (3) The protocols must be designed to ensure that a noncompetitive constraint will not be treated as a competitive constraint.", "sourceNote": "Source Note: The provisions of this §25.502 adopted to be effective January 9, 2005, 29 TexReg 12166; amended to be effective September 13, 2006, 31 TexReg 7317; amended to be effective August 12, 2010, 35 TexReg 6823; amended to be effective January 1, 2018, 42 TexReg 5671; amended to be effective December 5, 2019, 44 TexReg 7376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204037", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.503", "label": "Oversight of Wholesale Market Participants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226870", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish the standards that the commission will apply in monitoring the activities of entities participating in the wholesale electricity markets, including markets administered by the Electric Reliability Council of Texas (ERCOT), and enforcing the Public Utility Regulatory Act (PURA) and ERCOT procedures relating to wholesale markets. The standards contained in this rule are necessary to:(1) protect customers from unfair, misleading, and deceptive practices in the wholesale markets, including ERCOT-administered markets;(2) ensure that ancillary services necessary to facilitate the reliable transmission of electric energy are available at reasonable prices;(3) afford customers safe, reliable, and reasonably priced electricity;(4) ensure that all wholesale market participants observe all scheduling, operating, reliability, and settlement policies, rules, guidelines, and procedures established in the ERCOT procedures;(5) clarify prohibited activities in the wholesale markets, including ERCOT-administered markets;(6) monitor and mitigate market power as authorized by the Public Utility Regulatory Act (PURA) §39.157(a) and prevent market power abuses;(7) clarify the standards and criteria the commission will use when reviewing wholesale market activities;(8) clarify the remedies for non-compliance with the Protocols relating to wholesale markets; and(9) prescribe ERCOT's role in enforcing ERCOT procedures relating to the reliability of the regional electric network and accounting for the production and delivery among generators and all other market participants and monitoring and obtaining compliance with operating standards within the ERCOT regional network.(b) Application. This section applies to all market entities, as defined in subsection (c) of this section.(c) Definitions. The following words and terms when used in this section have the following meaning, unless the context indicates otherwise:(1) Artificial congestion--Congestion created when multiple foreseeable options exist for scheduling, dispatching, or operating a resource, and a market participant chooses an option that is not the most economical, that foreseeably creates or exacerbates transmission congestion, and that results in the market participant being paid to relieve the congestion it caused.(2) Efficient operation of the market--Operation of the markets administered by ERCOT, consistent with reliability standards, that is characterized by the fullest use of competitive auctions to procure ancillary services, minimal cost socialization, and the most economical utilization of resources, subject to necessary operational and other constraints.(3) ERCOT procedures--Documents that contain the scheduling, operating, planning, reliability, and settlement procedures, standards, and criteria that are public and in effect in the ERCOT power region, including the ERCOT Protocols, ERCOT Operating Guides, and Other Binding Documents as amended from time to time but excluding ERCOT's internal administrative procedures. The Protocols generally govern when there are inconsistencies between the Protocols and the Operating Guides, except when ERCOT staff, consistent with subsection (i) of this section, determines that a provision contained in the Operating Guides is technically superior for the efficient and reliable operation of the electric network.(4) Excess Revenue--Revenue in excess of the revenue that would have occurred absent a violation of PURA §39.157 or this section.(5) Market entity--Any person or entity participating in the ERCOT-administered wholesale market, including, but not limited to, a load serving entity (including a municipally owned utility and an electric cooperative,) a power marketer, a transmission and distribution utility, a power generation company, a qualifying facility, an exempt wholesale generator, ERCOT, and any entity conducting planning, scheduling, or operating activities on behalf of, or controlling the activities of, such market entities.(6) Market participant--A market entity other than ERCOT.(7) Reliability Monitor--A person or entity selected by the commission to monitor compliance with all state reliability-related laws, rules, and ERCOT procedures including protocols, processes and any other operating standards applicable to the ERCOT Region.(8) Resource--Facilities capable of providing electrical energy or load capable of reducing or increasing the need for electrical energy or providing short-term reserves into the ERCOT system. This includes generation and load resources.(d) Standards and criteria for enforcement of ERCOT procedures and PURA. The commission will monitor the activities of market entities to determine if such activities are consistent with ERCOT procedures; whether they constitute market power abuses or are unfair, misleading, or deceptive practices affecting customers; and whether they are consistent with the proper accounting for the production and delivery of electricity among generators and other market participants. When reviewing the activities of a market entity, the commission will consider whether the activity was conducted in a manner that:(1) adversely affected customers in a material way through the use of unfair, misleading, or deceptive practices;(2) materially reduced the competitiveness of the market, including whether the activity unfairly impacted other market participants in a way that restricts competition;(3) disregarded its effect on the reliability of the ERCOT electric system; or(4) interfered with the efficient operation of the market.(e) Guiding ethical standards. Each market participant is expected to:(1) observe all applicable laws and rules;(2) schedule, bid, and operate its resources in a manner consistent with ERCOT procedures to support the efficient and reliable operation of the ERCOT electric system; and(3) not engage in activities and transactions that create artificial congestion or artificial supply shortages, artificially inflate revenues or volumes, or manipulate the market or market prices in any way.(f) Duties of market entities.(1) Each market participant must be knowledgeable about ERCOT procedures.(2) A market participant must comply with ERCOT procedures and any official interpretation of the Protocols issued by ERCOT or the commission.(A) If a market participant disagrees with any provision of the Protocols or any official interpretation of the Protocols, it may seek an amendment of the Protocols as provided for in the Protocols, appeal an ERCOT official interpretation to the commission, or both.(B) A market participant appealing an official interpretation of the Protocols or seeking an amendment to the Protocols must comply with the Protocols unless and until the interpretation is officially changed or the amendment is officially adopted.(C) A market participant may be excused from compliance with ERCOT instructions or Protocol requirements only if such non-compliance is due to communication or equipment failure beyond the reasonable control of the market participant; if compliance would jeopardize public health and safety or the reliability of the ERCOT transmission grid, or create risk of bodily harm or damage to the equipment; if compliance would be inconsistent with facility licensing, environmental, or legal requirements; if required by applicable law; or for other good cause. A market participant is excused under this subparagraph only for so long as the condition continues.(3) Whenever the Protocols require that a market participant make its \"best effort\" or a \"good faith effort\" to meet a requirement, or similar language, the market participant must act in accordance with the requirement unless:(A) it is not technically possible to do so;(B) doing so would jeopardize public health and safety or the reliability of the ERCOT transmission grid, or would create a risk of bodily harm or damage to the equipment;(C) doing so would be inconsistent with facility licensing, environmental, or legal requirements; or(D) other good cause exists for excusing the requirement.(4) When a market participant is not able to comply with a Protocol requirement or official interpretation of a requirement, or honor a formal commitment to ERCOT, the market participant has an obligation to notify ERCOT immediately upon learning of such constraints and to notify ERCOT when the problem ceases. A market participant who does not comply with a Protocol requirement or official interpretation of a requirement, or honor a formal commitment to ERCOT, has the burden to demonstrate, in any commission proceeding in which the failure to comply is raised, why it cannot comply with the Protocol requirement or official interpretation of the requirement, or honor the commitment.(5) The commission staff may request information from a market participant concerning a notification of failure to comply with a Protocol requirement or official interpretation of a requirement, or honor a formal commitment to ERCOT. The market participant must provide a response that is detailed and reasonably complete, explaining the circumstances surrounding the alleged failure, and must provide documents and other materials relating to such alleged failure to comply. The response must be submitted to the commission staff within five business days of a written request for information, unless commission staff agrees to an extension.(6) A market participant's bids of energy and ancillary services must be from resources that are available and capable of performing, and must be feasible within the limits of the operating characteristics indicated in the resource plan, as defined in the Protocols, and consistent with the applicable ramp rate, as specified in the Protocols.(7) All statements, data and information provided by a market participant to market publications and publishers of surveys and market indices for the computation of an industry price index must be true, accurate, reasonably complete, and must be consistent with the market participant's activities, subject to generally accepted standards of confidentiality and industry standards. Market participants must exercise due diligence to prevent the release of materially inaccurate or misleading information.(8) A market entity has an obligation to provide accurate and factual information and must not submit false or misleading information, or omit material information, in any communication with ERCOT or with the commission. Market entities must exercise due diligence to ensure adherence to this provision throughout the entity.(9) A market participant must comply with all reporting requirements governing the availability and maintenance of a generating unit or transmission facility, including outage scheduling reporting requirements. A market participant must immediately notify ERCOT when capacity changes or resource limitations occur that materially affect the availability of a unit or facility, the anticipated operation of its resources, or the ability to comply with ERCOT dispatch instructions.(10) A market participant must comply with requests for information or data by ERCOT as specified by the Protocols or ERCOT instructions within the time specified by ERCOT instructions, or such other time agreed to by ERCOT and the market participant.(11) When a Protocol provision or its applicability is unclear, or when a situation arises that is not contemplated under the Protocols, a market entity seeking clarification of the Protocols must use the Nodal Protocol Revision Request (NPRR) process provided in the Protocols. If the NPRR process is impractical or inappropriate under the circumstances, the market entity may use the process for requesting formal Protocol clarifications or interpretations described in subsection (i) of this section. This provision is not intended to discourage day to day informal communication between market participants and ERCOT staff.(12) A market participant operating in the ERCOT markets or a member of the ERCOT staff who identifies a provision in the ERCOT procedures that produces an outcome inconsistent with the efficient and reliable operation of the ERCOT-administered markets must call the provision to the attention of ERCOT staff and the appropriate ERCOT subcommittee. All market participants must cooperate with the ERCOT subcommittees, ERCOT staff, and the commission staff to develop Protocols that are clear and consistent.(13) A market participant must establish and document internal procedures that instruct its affected personnel on how to implement ERCOT procedures according to the standards delineated in this section. Each market participant must establish clear lines of accountability for its market practices.(g) Prohibited activities. Any act or practice of a market participant that materially and adversely affects the reliability of the regional electric network or the proper accounting for the production and delivery of electricity among market participants is considered a \"prohibited activity.\" The term \"prohibited activity\" in this subsection excludes acts or practices expressly allowed by the Protocols or by official interpretations of the Protocols and acts or practices conducted in compliance with express directions from ERCOT or commission rule or order or other legal authority. The term \"prohibited activity\" includes, but is not limited to, the following acts and practices that have been found to cause prices that are not reflective of competitive market forces or to adversely affect the reliability of the electric network:(1) A market participant must not schedule, operate, or dispatch its generating units in a way that creates artificial congestion.(2) A market participant must not execute pre-arranged offsetting trades of the same product among the same parties, or through third party arrangements, which involve no economic risk and no material net change in beneficial ownership.(3) A market participant must not offer reliability products to the market that cannot or will not be provided if selected.(4) A market participant must not conduct trades that result in a misrepresentation of the financial condition of the organization.(5) A market participant must not engage in fraudulent behavior related to its participation in the wholesale market.(6) A market participant must not collude with other market participants to manipulate the price or supply of power, allocate territories, customers or products, or otherwise unlawfully restrain competition. This provision should be interpreted in accordance with federal and state antitrust statutes and judicially-developed standards under such statutes regarding collusion.(7) A market participant must not engage in market power abuse. Withholding of production, whether economic withholding or physical withholding, by a market participant who has market power, constitutes an abuse of market power.(h) Defenses. The term \"prohibited activity\" in subsection (g) of this section excludes acts or practices that would otherwise be included, if the market entity establishes that its conduct served a legitimate business purpose consistent with prices set by competitive market forces; and that it did not know, and could not reasonably anticipate, that its actions would inflate prices, adversely affect the reliability of the regional electric network, or adversely affect the proper accounting for the production and delivery of electricity; or, if applicable, that it exercised due diligence to prevent the excluded act or practice. The defenses established in this subsection may also be asserted in instances in which a market participant is alleged to have violated subsection (f) of this section. A market entity claiming an exclusion or defense under this subsection, or any other type of affirmative defense, has the burden of proof to establish all of the elements of such exclusion or defense.(i) Official interpretations and clarifications regarding the Protocols. A market entity seeking an interpretation or clarification of the Protocols must use the NPRR process contained in the Protocols whenever possible. If an interpretation or clarification is needed to address an unforeseen situation and there is not sufficient time to submit the issue to the NPRR process, a market entity may seek an official Protocol interpretation or clarification from ERCOT in accordance with this subsection.(1) ERCOT must develop a process for formally addressing requests for clarification of the Protocols submitted by market participants or issuing official interpretations regarding the application of Protocol provisions and requirements. ERCOT must respond to the requestor within ten business days of ERCOT's receipt of the request for interpretation or clarification with either an official Protocol interpretation or a recommendation that the requestor take the request through the NPRR process.(2) ERCOT must designate one or more ERCOT officials who will be authorized to receive requests for clarification from, and issue responses to market participants, and to issue official interpretations on behalf of ERCOT regarding the application of Protocol provisions and requirements.(3) The designated ERCOT official must provide a copy of the clarification request to commission staff upon receipt. The ERCOT official must consult with ERCOT operational or legal staff as appropriate and with commission staff before issuing an official Protocol clarification or interpretation.(4) The designated ERCOT official may decide, in consultation with the commission staff, that the language for which a clarification is requested is ambiguous or for other reason beyond ERCOT's ability to clarify, in which case the ERCOT official shall inform the requestor, who may take the request through the NPRR process provided for in the Protocols.(5) All official Protocol clarifications or interpretations that ERCOT issues in response to a market participant's formal request or upon ERCOT's own initiative must be sent out in a market bulletin with the appropriate effective date specified to inform all market participants, and a copy of the clarification or interpretation must be maintained in a manner that is accessible to market participants. Such response must not contain information that would identify the requesting market participant.(6) A market participant may freely communicate informally with ERCOT employees, however, the opinion of an individual ERCOT staff member not issued as an official interpretation of ERCOT pursuant to this subsection may not be relied upon as an affirmative defense by a market participant.(j) Role of ERCOT in enforcing operating standards. ERCOT must monitor material occurrences of non-compliance with ERCOT procedures, which means occurrences that have the potential to impede ERCOT operations or represent a risk to system reliability. Non-compliance indicators monitored by ERCOT must include, but are not limited to, material occurrences of failing resource performance measures as established by ERCOT, failure to follow dispatch instructions within the required time, failure to meet ancillary services obligations, failure to submit mandatory bids or offers, and other instances of non-compliance of a similar magnitude.(1) ERCOT must keep a record of all such material occurrences of non-compliance with ERCOT procedures and must develop a system for tracking recurrence of such material occurrences of non-compliance.(2) ERCOT must promptly provide information to and respond to questions from market participants to allow the market participant to understand and respond to alleged material occurrences of non-compliance with ERCOT procedures. However, this requirement does not relieve the market participant's operator from responding to the ERCOT operator's instruction in a timely manner and shall not be interpreted as allowing the market participant's operator to argue with the ERCOT operator as to the need for compliance.(3) ERCOT must keep a record of the resolution of such material occurrences of non-compliance and of remedial actions taken by the market participant in each instance.(4) ERCOT must promptly provide information to and respond to questions posed by the Reliability Monitor and the commission.(5) ERCOT must provide to the Reliability Monitor and the commission the support and cooperation the commission determines is necessary for the Reliability Monitor and the commission to perform their functions.(6) If directed by the commission, ERCOT must assume all or part of the duties and responsibilities of the Reliability Monitor under subsection (k) of this section. ERCOT must assume these duties and responsibilities, including establishing appropriate safeguards to prevent conflicts of interest and ensure the independence and objectivity of ERCOT personnel with respect to the duties and responsibilities assumed, in the manner prescribed by the commission.(k) Responsibilities of the Reliability Monitor. The Reliability Monitor must gather and analyze information and data as needed for its reliability monitoring activities. The Reliability Monitor works under the direction and supervision of the commission. The Reliability Monitor must protect confidential information and data in accordance with the confidentiality standards established in PURA, the ERCOT protocols, commission rules, and other applicable laws. The requirements related to the level of protection to be afforded information protected by these laws and rules are incorporated into this section. The duties and responsibilities of the Reliability Monitor may include, but are not limited to:(1) Monitoring, investigating, auditing, and reporting to the commission regarding compliance with reliability-related ERCOT procedures, including Protocols, Operating Guides, and Other Binding Documents, the reliability-related provisions of the commission's rules, and reliability-related provisions of PURA by market entities;(2) Providing reliability-related subject-matter advice, expertise, and assistance to the commission in the conduct of the commission's oversight and enforcement activities; and(3) Providing expert advice, analysis, reports, and testimony services relating to the Reliability Monitor's analysis and findings as part of the commission staff's case in enforcement proceedings.(l) Selection of the Reliability Monitor. The commission may select an entity to act as the Reliability Monitor. If the commission selects an entity other than ERCOT to act as the Reliability Monitor, the Reliability Monitor must be independent from ERCOT and is not subject to the supervision of ERCOT with respect to its monitoring and investigative activities. If the commission selects an entity other than ERCOT to act as the Reliability Monitor, the commission and ERCOT will enter into a contract with the selected entity. In selecting the Reliability Monitor, the commission must consider whether the Reliability Monitor satisfies the following criteria:(1) Independence, objectivity, and the absence of potential conflicts of interest;(2) Experience performing compliance monitoring of reliability-related laws;(3) Familiarity with the ERCOT Region and understanding of reliability-related ERCOT protocols, procedures, and other operating standards;(4) Ability to manage confidential information appropriately; and(5) Cost effectiveness.(m) Funding of the Reliability Monitor. ERCOT must fund the operations of the Reliability Monitor from the fee authorized by PURA §39.151.(n) Standards for record keeping.(1) A market participant who schedules through a qualified scheduling entity (QSE) that submits schedules to ERCOT on behalf of more than one market participants must maintain records to show scheduling, offer, and bidding information for all schedules, offers, and bids that its QSE has submitted to ERCOT on its behalf, by interval.(2) All market participants and ERCOT must maintain records relative to market participants' activities in the ERCOT-administered markets to show:(A) information on transactions, as defined in §25.93(c)(3) of this title (relating to Quarterly Wholesale Electricity Transaction Reports), including the date, type of transaction, amount of transaction, and entities involved;(B) information and documentation of all planned, maintenance, and forced generation and transmission outages including all documentation necessary to document the reason for the outage;(C) information described under this subsection including transaction information, information on pricing, settlement information, and other information that would be relevant to an investigation under this section, and that has been disclosed to market publications and publishers of surveys and price indices, including the date, information disclosed, and the name of the employees involved in providing the information as well as the publisher to whom it was provided; and(D) reports of the market participant's financial information given to external parties, including the date, financial results reported, and the party to whom financial information was reported, if applicable.(3) After the effective date of this section, all records referred to in this subsection except verbal dispatch instructions (VDIs) must be kept for a minimum of three years from the date of the event. ERCOT must keep VDI records for a minimum of two years. All records must be made available to the commission for inspection upon request.(4) A market participant must, upon request from the commission, provide the information referred to in this subsection to the commission, and may, if applicable, provide it under a confidentiality agreement or protective order pursuant to §22.71(d) of this title (relating to Filing of Pleadings, Documents, and Other Material).(o) Investigation. The commission staff may initiate an informal fact-finding review based on a complaint or upon its own initiative to obtain information regarding facts, conditions, practices, or matters that it may find necessary or proper to ascertain in order to evaluate whether any market entity has violated any provision of this section.(1) The commission staff will contact the market entity whose activities are in question to provide the market entity an opportunity to explain its activities. The commission staff may require the market entity to provide information reasonably necessary for the purposes described in this subsection.(2) If the market entity asserts that the information requested by commission staff is confidential, the information must be provided to commission staff as confidential information related to settlement negotiations or other asserted bases for confidentiality pursuant to §22.71(d)(4) of this title.(3) If after conducting its fact-finding review, the commission staff determines that a market entity may have violated this section, the commission staff may request that the commission initiate a formal investigation against the market entity pursuant to §22.241 of this title (relating to Investigations).(4) If, as a result of its investigation, commission staff determines that there is evidence of a violation of this section by a market entity, the commission staff may request that the commission initiate appropriate enforcement action against the market entity. A notice of violation requesting administrative penalties or disgorgement of excess revenues must comply with the requirements of §22.246 of this title (relating to Administrative Penalties). Adjudication of a notice of violation requesting both an administrative penalty and disgorgement of excess revenues may be conducted within a single contested case proceeding. Additionally, for alleged violations that have been reviewed in the informal procedure established by this subsection, the commission staff must include as part of its prima facie case:(A) a statement either that--(i) the commission staff has conducted the investigation allowed by this section; or(ii) the market entity has failed to comply with the requirements of paragraph (5) of this subsection;(B) a summary of the evidence indicating to the commission staff that the market entity has violated one of the provisions of this section;(C) a summary of any evidence indicating to the commission staff that the market entity benefited from the alleged violation or materially harmed the market; and(D) a statement that the staff has concluded that the market entity failed to demonstrate, in the course of the investigation, the applicability of an exclusion or affirmative defense under subsection (h) of this section.(5) A market entity subject to an informal fact-finding review or a formal investigation by the commission staff has an obligation to fully cooperate with the investigation, to make its company representatives available within a reasonable period of time to discuss the subject of the investigation with the commission staff, and to respond to the commission staff's requests for information within a reasonable time frame as requested by the commission staff.(6) The procedure for informal fact-finding review established in this subsection does not prevent any person or commission staff from filing a formal complaint with the commission pursuant to §22.242 of this title (relating to Complaints) or pursuing other relief available by law.(7) If, in the course of its investigation under this subsection, commission staff determines that formal enforcement action is not warranted, the commission staff may work with the market entity to ensure any issues of concern are addressed and appropriate remedial actions have been taken.(p) Remedies. If the commission finds that a market entity is in violation of this section, the commission may seek or impose any legal remedy it determines appropriate for the violation involved, provided that the remedy of disgorgement of excess revenues will be imposed for violations and continuing violations of PURA §39.157 and may be imposed for other violations of this section.", "sourceNote": "Source Note: The provisions of this §25.503 adopted to be effective February 29, 2004, 29 TexReg 1899; amended to be effective November 8, 2012, 37 TexReg 8797; amended to be effective September 13, 2015, 40 TexReg 5776; amended to be effective March 4, 2021, 46 TexReg 1372." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.504", "label": "Wholesale Market Power in the Electric Reliability Council of Texas Power Region" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to all generation entities in the Electric Reliability Council of Texas (ERCOT). This section defines the term \"market power,\" as that term is used in §25.503 of this title (relating to Oversight of Wholesale Market Participants).(b) Definitions. The following terms, when used in this section, shall have the following meanings, unless the context or specific language of a section indicates otherwise:(1) Generation entity--An entity that controls a generation resource. An entity affiliated with a generation entity shall be considered part of that generation entity.(2) Market power--The ability to control prices or exclude competition in a relevant market.(3) Market power abuse--Practices by persons possessing market power that are unreasonably discriminatory or tend to unreasonably restrict, impair, or reduce the level of competition, including practices that tie unregulated products or services to regulated products or services or unreasonably discriminate in the provision of regulated services. Market power abuses include predatory pricing, withholding of production, precluding entry, and collusion.(c) Withholding of production. Prices offered by a generation entity with market power may be a factor in determining whether the entity has withheld production. A generation entity with market power that prices its services substantially above its marginal cost may be found to be withholding production; offering prices that are not substantially above marginal cost does not constitute withholding of production.(d) Voluntary mitigation plan. Any generation entity may submit to the commission a voluntary mitigation plan relating to compliance with §25.503(g)(7) of this title or with the Public Utility Regulatory Act (PURA) §39.157(a). Adherence to a commission-approved voluntary mitigation plan must be considered in a proceeding to determine whether the generation entity violated PURA §39.157 or §25.503(g)(7) of this title and, if so, the amount of the administrative penalty to be assessed for the violation. (1) The commission will approve the voluntary mitigation plan only if it finds that the plan is in the public interest.(2) A generation entity or commission staff may apply to amend a voluntary mitigation plan that applies to the generation entity.(3) The parties to a proceeding related to the approval or amendment of a voluntary mitigation plan are limited to the generation entity applying for the mitigation plan, commission staff, and the independent market monitor.(4) Termination of voluntary mitigation plan. (A) The commission, on its own motion, may terminate, in whole or in part, a voluntary mitigation plan approved under this subsection. The executive director or the executive director's designee may also terminate a voluntary mitigation plan, in whole or in part, under the following conditions:(i) The executive director or the executive director's designee must determine that continuation of the plan is no longer in the public interest.(ii) The executive director or the executive director's designee must provide notice of the termination to the applicable generation entity and file a notice of termination in the same control number in which the plan was approved at least three working days prior to the effective date of the termination. The executive director or the executive director's designee may withdraw the notice of termination at any point prior to the effective date of the termination. (iii) The commission must affirm or set aside the executive director or the executive director's designee's termination of a voluntary mitigation plan as soon as practicable after the effective date of the termination.(B) A generation entity with a commission-approved voluntary mitigation plan may terminate the plan. The generation entity must provide the executive director or executive director's designee notice of the termination and file a notice of termination in the same control number in which the plan was approved at least three working days prior to the effective date of the termination. The generation entity may withdraw its notice of termination at any point prior to the effective date of the termination.(e) Review of voluntary mitigation plans.(1) The commission will review each effective voluntary mitigation plan adopted under subsection (d) of this section to determine whether the plan remains in the public interest at least once every two years and not later than 90 days after the implementation date of a wholesale market design change. Commission staff, in consultation with the independent market monitor, will determine when a wholesale market design change requiring the review of voluntary mitigation plans has occurred. (A) In determining whether a change in a commission or ERCOT regulation constitutes a wholesale market design change for purposes of this subsection, commission staff and the independent market monitor must consider whether the change could materially increase the ability of a generation entity with an existing voluntary mitigation plan to exercise market power. (B) If, at the time a proposed change in a commission or ERCOT regulation is being considered for approval by the commission, commission staff has determined that the proposed change would, if implemented, constitute a wholesale market design change, commission staff may include its determination in a filing addressing the proposed change (e.g., as part of a staff memo recommending commission approval of a change in the ERCOT protocols). (C) Commission staff must provide notice, using a reasonable method of notice, to a generation entity with an existing voluntary mitigation plan when its voluntary mitigation plan is under review. This notice must be provided no later than the date commission staff files its recommendation under paragraph (2) of this subsection. (D) Nothing in this paragraph prevents the commission, on its own motion, from determining that a change in a commission or ERCOT regulation constitutes a wholesale market design change for purposes of this subsection and directing commission staff, in consultation with the independent market monitor, to provide a recommendation on whether each existing voluntary mitigation plan remains in the public interest. (2) At least 40 days prior to a deadline established by paragraph (1) of this subsection, commission staff must file a recommendation and draft order addressing whether each voluntary mitigation plan remains in the public interest. Commission staff's recommendation must include the date of the deadline established by paragraph (1) of this subsection and, if applicable, the details and implementation date of the applicable wholesale market design change. As part of its recommendation, for each voluntary mitigation plan adopted prior to September 1, 2023, commission staff must also address whether the plan complies with PURA §15.023(f) and this section. (3) If the commission determines that all or a part of the plan is no longer in the public interest, the commission will terminate any part of the plan that it determines is no longer in the public interest. The generation entity may propose an amended plan for the commission's consideration.", "sourceNote": "Source Note: The provisions of this §25.504 adopted\r\nto be effective September 13, 2006, 31 TexReg 7317; amended to be\r\neffective May 15, 2024, 49 TexReg 3207; amended to be effective November\r\n26, 2025, 50 TexReg 7545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208829", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.505", "label": "Resource Adequacy Reporting Requirements in the Electric Reliability Council of Texas Power Region" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225216", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following terms, when used in this section, have the following meanings, unless the context indicates otherwise:(1) Generation entity--an entity that owns or controls a generation resource.(2) Generation resource--a generator capable of providing energy or ancillary services to the ERCOT grid and that is registered with ERCOT as a generation resource.(3) Load entity--an entity that owns or controls a load resource.(4) Load resource--a load capable of providing ancillary service to the ERCOT system or energy in the form of demand response and is registered with ERCOT as a load resource.(5) Resource entity--an entity that is a generation entity or a load entity.(b) Resource adequacy reports. ERCOT must publish a resource adequacy report by December 31 of each year that projects, for at least the next five years, the capability of existing and planned electric generation resources and load resources to reliably meet the projected system demand in the ERCOT power region. ERCOT may publish other resource adequacy reports or forecasts as it deems appropriate. ERCOT must prescribe requirements for generation entities and transmission service providers (TSPs) to report their plans for adding new facilities, upgrading existing facilities, and mothballing or retiring existing facilities. ERCOT also must prescribe requirements for load entities to report their plans for adding new load resources or retiring existing load resources.(c) Daily assessment of system adequacy. Each day, ERCOT must publish a report that includes the following information for each hour for the seven days beginning with the day the report is published:(1) system-wide load forecast; and(2) aggregated information on the availability of resources, by ERCOT load zone, including load resources.(d) Filing of resource and transmission information with ERCOT. ERCOT must prescribe reporting requirements for resource entities and TSPs for the preparation of the assessment required by subsection (c) of this section. At a minimum, the following information must be reported to ERCOT.(1) TSPs will provide ERCOT with information on planned and existing transmission outages.(2) Generation entities will provide ERCOT with information on planned and existing generation outages.(3) Load entities will provide ERCOT with information on planned and existing availability of load resources, specified by type of ancillary service.(4) Generation entities will provide ERCOT with a complete list of generation resource availability and performance capabilities, including, but not limited to:(A) the net dependable capability of generation resources;(B) projected output of non-dispatchable resources such as wind turbines, run-of-the-river hydro, and solar power; and(C) output limitations on generation resources that result from fuel or environmental restrictions.(5) Load serving entities (LSEs) will provide ERCOT with complete information on load response capabilities that are self-arranged or pursuant to bilateral agreements between LSEs and their customers.(e) Operating Reserve Demand Curve (ORDC) report. ERCOT must publish, by November 1 of every even numbered year, a report analyzing the efficacy, utilization, related costs, and contribution of the ORDC to grid reliability in the ERCOT power region.(f) Development and implementation. ERCOT must use a stakeholder process, in consultation with commission staff, to develop and implement rules that comply with this section. Nothing in this section prevents the commission from taking actions necessary to protect the public interest, including actions that are otherwise inconsistent with the other provisions in this section.", "sourceNote": "Source Note: The provisions of this §25.505 adopted to be effective May 11, 2022, 47 TexReg 2742." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225216", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.506", "label": "Publication of Resource and Load Information in the Electric Reliability Council of Texas Power Region" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209824", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements. To increase the transparency of the ERCOT-administered markets, ERCOT must post the information required in this section at a publicly accessible location on its website. In no event will ERCOT disclose competitively sensitive consumption data. The information released must be made available to all market participants.(b) ERCOT will post the following information in aggregated form, for each settlement interval and for each area where available, two calendar days after the day for which the information is accumulated: (1) quantities and prices of offers for energy and each type of ancillary capacity service, in the form of supply curves;(2) self-arranged energy and ancillary capacity services, for each type of service;(3) actual resource output;(4) load and resource output for all entities that dynamically schedule their resources;(5) actual load; and(6) energy bid curves, cleared energy bids, and cleared load.(c) ERCOT will post the following information in entity-specific form, for each settlement interval, 60 calendar days after the day for which the information is accumulated, except where inapplicable or otherwise prescribed. Resource-specific offer information must be linked to the name of the resource (or identified as a virtual offer), the name of the entity submitting the information, and the name of the entity controlling the resource. If there are multiple offers for the resource, ERCOT must post the specified information for each offer for the resource, including the name of the entity submitting the offer and the name of the entity controlling the resource. ERCOT will use §25.502(d) of this title (relating to Pricing Safeguards in Markets Operated by the Electric Reliability Council of Texas) to determine the control of a resource and must include this information in its market operations data system.(1) Offer curves (prices and quantities) for each type of ancillary service and for energy in the real time market, except that, for the highest-priced offer selected or dispatched for each interval on an ERCOT-wide basis, ERCOT will post the offer price and the name of the entity submitting the offer three calendar days after the day for which the information is accumulated.(2) If the clearing prices for energy or any ancillary service exceeds a calculated value that is equal to 50 times a natural gas price index selected by ERCOT for each operating day, expressed in dollars per megawatt-hour (MWh) or dollars per megawatt per hour, during any interval, the portion of every market participant's price-quantity offer pairs for balancing energy service and each other ancillary service that is at or above a calculated value that is equal to 50 times a natural gas price index selected by ERCOT for each operating day, expressed in dollars per MWh or dollars per megawatt per hour, for that service and that interval must be posted seven calendar days after the day for which the offer is submitted.(3) Other resource-specific information, as well as self-arranged energy and ancillary capacity services, and actual resource output, for each type of service and for each resource at each settlement point.(4) The load and generation resource output, for each entity that dynamically schedules its resources.(5) For each hour, transmission flows, voltages, transformer flows, voltages and tap positions (i.e., State Estimator data). Notwithstanding the provisions of this paragraph and the provisions of paragraphs (1) through (4) of this subsection, ERCOT must release relevant State Estimator data earlier than 60 days after the day for which the information is accumulated if, in its sole discretion, it determines the release is necessary to provide a complete and timely explanation and analysis of unexpected market operations and results or system events, including but not limited to pricing anomalies, recurring transmission congestion, and system disturbances. ERCOT's release of data in this event must be limited to intervals associated with the unexpected market or system event as determined by ERCOT. The data released must be made available simultaneously to all market participants.(d) Reporting on forced generation outages and derates.(1) For purposes of this subsection, a forced outage or forced derate is the unavailability of all or a portion of a generation resource's or energy storage resource's capacity, based on its seasonal net maximum sustainable rating provided through ERCOT's resource registration process, that is required to be entered into the ERCOT outage scheduler and was not planned and scheduled in advance with ERCOT.(2) An owner or operator of a generation resource or energy storage resource must submit to ERCOT, in a manner consistent with ERCOT protocols, the following information related to each forced outage or forced derate of a generation resource or energy storage resource:(A) the name of the resource;(B) the resource's applicable seasonal net maximum sustainable rating, in megawatts;(C) the resource's available capacity during the resource's forced outage or forced derate, in megawatts;(D) the effective reduction to the resource's applicable seasonal net maximum sustainable rating due to the resource's forced outage or forced derate, in megawatts;(E) the start date and time of the resource's forced outage or forced derate;(F) the anticipated end date and time of the resource's forced outage or forced derate;(G) the actual end date and time of the resource's unplanned outage or derate;(H) the reason for the resource's forced outage or forced derate; and(I) any other applicable information required under the ERCOT protocols.(3) Not later than the third business day after a forced outage or forced derate under paragraph (1) of this subsection ends, ERCOT must post the information received under paragraph (2) of this subsection, in resource-specific form, for each operating day.(e) Development and implementation. ERCOT must use a stakeholder process, in consultation with commission staff, to develop and implement rules that comply with this section. Nothing in this section prevents the commission from taking actions necessary to protect the public interest, including actions that are otherwise inconsistent with the other provisions in this section.", "sourceNote": "Source Note: The provisions of this §25.506 adopted to be\r\neffective May 11, 2022, 47 TexReg 2742; amended to be effective May\r\n28, 2025, 50 TexReg 3120." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209824", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.507", "label": "Electric Reliability Council of Texas (ERCOT) Emergency Response Service (ERS)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220837", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to promote reliability through provisions that provide ERCOT flexibility in the implementation and administration of ERS.(b) ERS procurement. ERCOT must procure ERS, a special emergency response service to be deployed by ERCOT to help prevent or alleviate an actual or anticipated Energy Emergency Alert (EEA) event.(1) ERCOT will determine the ERS standard contract terms under which ERS resources are obligated to provide ERS, including renewal of ERS contract periods ERCOT deems necessary due to the depletion of available ERS.(2) ERCOT may spend a maximum of $75 million in a 12-month period on ERS, unless otherwise determined by the commission. During that 12-month period, ERCOT may exceed the $75 million maximum by up to an additional $25 million for ERS contract renewals under subsection (d)(9) of this section during a period where ERS has been exhausted. ERCOT may determine cost limits for each ERS standard contract term in order to ensure that the ERS expenditure cap is not exceeded. To minimize the cost of ERS, ERCOT may reject any offer that ERCOT determines to be unreasonable or outside of the parameters of an acceptable offer. ERCOT may also reject any offer placed on behalf of any ERS resource if ERCOT determines that it lacks a sufficient basis to verify whether the ERS resource complied with ERCOT-established performance standards in an ERS deployment event during the preceding ERS standard contract term.(c) Definitions.(1) ERS contract period--A period defined by ERCOT for which an ERS resource is obligated to provide ERS, consisting of all or part of the hours in an ERS standard contract term.(2) ERS resource--A resource contracted to provide ERS that meets one of the following descriptions:(A) A load or aggregation of loads; or(B) A dispatchable generator that is not registered with ERCOT as a Generation Resource, or an aggregation of such generators.(3) ERS standard contract term--Periods for which ERCOT may procure ERS.(4) ERS time period--Set of hours designated by ERCOT within an ERS standard contract term.(d) Participation in ERS. In addition to requirements established by ERCOT, the following requirements apply for the provision of ERS:(1) An ERS resource must be represented by a qualified scheduling entity (QSE).(2) Offers must be submitted to ERCOT through a QSE.(A) An offer may be submitted for one or more ERS time periods within an ERS contract period.(B) QSEs representing ERS resources may aggregate multiple loads to reach the minimum capacity offer requirement established by ERCOT. Such aggregations will be considered a single ERS resource for purposes of submitting offers.(3) ERCOT must establish qualifications for QSEs and ERS resources to participate in ERS.(4) A resource must not commit to provide ERS if it is separately obligated to provide response with the same capacity during any of the same hours.(5) ERCOT must establish performance criteria for QSEs and ERS resources.(6) When dispatched by ERCOT, an ERS resource must deploy consistent with its obligations and must remain deployed until recalled by ERCOT.(7) ERCOT may deploy ERS as necessary, subject to the annual expenditure cap.(8) Deployment of an ERS resource must be limited to the number of hours for which the service was contracted, up to a maximum of 24 cumulative hours in an ERS contract period. However, if an instruction causes the cumulative total ERS deployment time to exceed the number of hours contracted within an ERS contract period, each ERS resource must remain deployed until permitted by ERCOT procedures or by ERCOT instructions to return from deployment.(9) Upon exhaustion of an ERS resource's obligation in any ERS contract period, ERCOT may renew that obligation, subject to the consent of the ERS resource and its QSE. ERCOT may renew the obligation on each occasion that the resource's obligation is exhausted. ERCOT may limit the renewal quantity to manage the overall cost of the service or for reliability needs.(10) ERCOT must establish procedures for testing of ERS resources.(11) A resource with a pre-existing obligation to provide ERS may submit a proposal to serve as an alternative to a resource subject to reliability must-run (RMR) service for the same period. If the resource is selected, ERCOT must appropriately modify or terminate the resource's pre-existing ERS obligation to allow the resource to participate as an RMR alternative.(e) ERS payment and charges.(1) ERCOT must make a payment to each QSE representing an ERS resource on an as-bid basis, a market clearing price mechanism, or such other mechanism as ERCOT deems appropriate, subject to modifications determined by ERCOT based on the ERS resource's availability during an ERS standard contract term and the ERS resource's performance in any deployment event.(2) ERCOT must charge each QSE a charge for ERS based upon its load ratio share during the relevant ERS time period and ERS standard contract term.(3) ERCOT must settle an ERS contract period within 80 days following the completion of the ERS standard contract term.(f) Compliance.(1) A QSE representing an ERS resource is subject to administrative penalties for noncompliance with this rule or any related ERCOT Protocols, Operating Guides, or other ERCOT standards, by the QSE or the ERS resource it represents.(2) ERCOT must establish criteria for reducing a QSE's payment, suspending a QSE from participation in ERS, or both, for failure to meet its ERS obligations, and must also establish criteria for subsequent reinstatement.(3) ERCOT must establish criteria under which an ERS resource will be suspended for noncompliance with this rule or any related ERCOT Protocols, Operating Guides, or other ERCOT standards, and must also establish criteria for subsequent reinstatement.(4) ERCOT must notify the commission of all instances of noncompliance with this rule or any related ERCOT Protocols, Operating Guides, or other ERCOT standards.(5) ERCOT must maintain records relating to any alleged noncompliance with this rule or any related ERCOT Protocols, Operating Guides, or other ERCOT standards.(g) Reporting. Prior to the start of an ERS standard contract term, ERCOT must report publicly the number of megawatts (MW) procured per ERS time-period, the number and type of ERS resources providing the service, and the projected total cost of the service for that ERS standard contract term. ERCOT must review the effectiveness and benefits of ERS and report its findings to the commission annually by April 15 of each calendar year. The report must contain, at a minimum, the number of MW procured in each period, the total dollar amount spent, the number and duration of deployments, and the circumstances that led to each deployment.(h) Implementation. ERCOT must develop, in consultation with commission staff, additional procedures, guides, technical requirements, protocols, or other standards that are consistent with this section and that ERCOT finds necessary to implement ERS, including, but not limited to, developing a standard form ERS Agreement and specific performance guidelines and grace periods for ERS resources.(i) Self Provision. ERCOT must establish procedures for self-provision of ERS by any QSE.", "sourceNote": "Source Note: The provisions of this §25.507 adopted to be effective April 12, 2012, 37 TexReg 2394; amended to be effective April 19, 2017, 42 TexReg 1999; amended to be effective August 4, 2022, 47 TexReg 4971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220837", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.508", "label": "Reliability Standard for the Electric Reliability Council of Texas (ERCOT) Region" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216428", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context indicates otherwise.(1) Exceedance tolerance--the maximum acceptable percentage of simulations in which the modeled ERCOT system experiences a loss of load event that exceeds the threshold for a given criterion of the reliability standard.(2) Loss of load event--an occurrence when the system-wide firm load plus minimum operating reserves required to avoid an energy emergency alert level three event is greater than the available resource capacity to serve that load, resulting in involuntary load shed.(3) Transmission operator--has the same meaning as defined in the ERCOT protocols.(4) Weatherization effectiveness--the assumed percentage reduction in the amount of weather-related unplanned outages for generation resources and energy storage resources included in the model, due to compliance with the weatherization standards in §25.55 of this title (relating to Weather Emergency Preparedness).(b) Reliability standard for the ERCOT region. The bulk power system for the ERCOT region meets the reliability standard if an ERCOT probability-based model simulation demonstrates that the system meets each of the criteria provided in this subsection.(1) Frequency. The expected loss of load events for the ERCOT region must be equal to or less than one event per ten years on average, i.e., 0.1 loss of load expectation (LOLE).(2) Duration. The maximum expected length of a loss of load event for the ERCOT region, measured in hours, must be less than 12 hours, with a 1.00 percent exceedance tolerance.(3) Magnitude. The expected highest level of load shed during a loss of load event for the ERCOT region, measured as the average lost load for a given hour, must be less than the maximum number of megawatts of load shed that can be safely rotated during a loss of load event, as determined by ERCOT, in consultation with commission staff and the transmission operators, with a 1.00 percent exceedance tolerance. Beginning in 2024, on or before December 1 of each year, ERCOT must file the maximum number of megawatts of load shed that can be safely rotated during a loss of load event and a summary of the methodology used to calculate this value.(c) Reliability assessment. Beginning January 1, 2026, ERCOT must initiate an assessment to determine whether the bulk power system for the ERCOT region is meeting the reliability standard and is likely to continue to meet the reliability standard for the three years following the date of assessment. The assessment must be conducted at least once every three years.(1) Modeling assumptions.(A) Before conducting the assessment, ERCOT must file a comprehensive list of proposed modeling assumptions to be used in the reliability assessment. The proposed assumptions must include:(i) the number of historic weather years that will be included in the modeling;(ii) the amount of new resources and retirements, in megawatts, listed by resource type;(iii) the weatherization effectiveness; and(iv) any other assumptions that would impact the modeling results, along with an explanation of the possible impact of the additional assumptions.(B) Commission staff will provide interested persons with at least 30 days from the date ERCOT files its proposed modeling assumptions to file comments recommending modifications to ERCOT's proposed modeling assumptions. Commission staff may include filing requirements or additional questions for comment.(C) After reviewing filed comments, ERCOT, in consultation with commission staff, must file its final recommended modeling assumptions for commission review. Commission staff may provide a separate recommendation on ERCOT's final recommended modeling assumptions for the commission's consideration.(2) Assessment components.(A) ERCOT's assessment must include review and analysis of the resource fleet, loads, and other system characteristics for the ERCOT region for the following points in time:(i) the current year's system configuration; and(ii) the expected system configuration three years from the date of the current year's system analysis.(B) The assessment results must include, at a minimum, the following metrics for each point in time:(i) the LOLE;(ii) the probability of a loss of load event exceeding the duration threshold established in subsection (b)(2) of this section;(iii) the probability of a loss of load event exceeding the magnitude threshold established in subsection (b)(3) of this section;(iv) the expected unserved energy; and(v) the normalized expected unserved energy.(3) Commission review and determination.(A) ERCOT must file its assessment with the commission, including any information required under subparagraph (C)(i) of this paragraph.(B) Commission staff will provide interested persons with at least 30 days from the date ERCOT files its assessment to file comments on ERCOT's assessment. Commission staff may include filing requirements or additional questions for comment.(C) If the assessment shows that any reviewed system fails to meet the reliability standard described in subsection (b) of this section:(i) ERCOT must provide the commission with a summary explanation of any identified deficiencies and its supporting analysis. ERCOT must also provide the commission with a menu of proposed recommended market design changes, including a primary recommendation, that are intended to address the identified deficiencies. ERCOT must provide the commission with the expected system costs associated with each of its proposed recommended changes;(ii) the independent market monitor must conduct an independent review of ERCOT's proposed recommended market design changes, including associated expected system costs for each proposed recommended change, and file its review no later than the deadline established in subparagraph (B) of this paragraph; and(iii) commission staff must provide a recommendation to the commission, considering expected system costs and reliability benefits, on whether any market design changes or other changes may be necessary to address the deficiency.(D) The commission will review ERCOT's assessment and any recommendations, the independent market monitor's review, commission staff's recommendations, and stakeholder comments to determine whether any market design changes may be necessary.", "sourceNote": "Source Note: The provisions of this §25.508 adopted to be effective September 29, 2024, 49 TexReg 7843." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216428", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.509", "label": "Scarcity Pricing Mechanism for the Electric Reliability Council of Texas Power Region" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220838", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following terms, when used in this section, have the following meanings, unless the context indicates otherwise:(1) Emergency operations--ERCOT entering into any level of Energy Emergency Alert.(2) Generation entity--an entity that owns or controls a generation resource.(3) Generation resource--a generator capable of providing energy or ancillary services to the ERCOT grid and that is registered with ERCOT as a generation resource.(4) Load entity--an entity that owns or controls a load resource.(5) Load resource--a load capable of providing ancillary service to the ERCOT system or energy in the form of demand response and is registered with ERCOT as a load resource.(6) Resource entity--an entity that is a generation entity or a load entity.(b) Scarcity Pricing Mechanism (SPM). ERCOT will administer the SPM. The SPM will operate as follows:(1) The SPM will operate on a calendar year basis.(2) For each day, the peaking operating cost (POC) will be 10 times the natural gas price index value determined by ERCOT. The POC is calculated in dollars per megawatt-hour (MWh).(3) For the purpose of this section, the real-time energy price (RTEP) will be measured as an average system-wide price as determined by ERCOT.(4) Beginning January 1 of each calendar year, the peaker net margin will be calculated as: ∑((RTEP - POC) * (number of minutes in a settlement interval / 60 minutes per hour)) for each settlement interval when RTEP - POC >0.(5) Each day, ERCOT will post at a publicly accessible location on its website the updated value of the peaker net margin, in dollars per megawatt (MW).(6) System-Wide Offer Caps.(A) The low system-wide offer cap (LCAP) will be set at $2,000 per MWh for energy offers and $2,000 per MW per hour for ancillary service offers.(B) The high system-wide offer cap (HCAP) will be $5,000 per MWh for energy offers and $5,000 per MW per hour for ancillary service offers.(C) The system-wide offer cap will be set equal to the HCAP at the beginning of each calendar year and maintained at this level until the peaker net margin during a calendar year exceeds a threshold of three times the cost of new entry of new generation plants.(D) If the peaker net margin exceeds the threshold established in subparagraph (C) of this paragraph during a calendar year, the system-wide offer cap will be set to the LCAP for the remainder of that calendar year. In this event, ERCOT will continue to apply the operating reserve demand curve and the reliability deployment price adder for the remainder of that calendar year. Energy prices, exclusive of congestion prices, will not exceed the LCAP plus $1 for the remainder of that calendar year.(7) Reimbursement for Operating Losses when the LCAP is in Effect. When the system-wide offer cap is set to the LCAP, ERCOT must reimburse resource entities for any actual marginal costs in excess of the larger of the LCAP or the real-time energy price for the resource. ERCOT must utilize existing settlement processes to the extent possible to verify the resource entity's costs for reimbursement.(c) Emergency Pricing Program (EPP). ERCOT will administer the EPP. The EPP will operate as follows.(1) Activation of the EPP. The EPP must be activated if the system-wide energy price, as determined by ERCOT, has been at the HCAP for 12 hours within a rolling 24-hour period.(2) Emergency Offer Cap (ECAP). While the EPP is active, the system-wide offer cap will be set to the ECAP for both energy and ancillary service offers. The ECAP will be set equal to the value of the LCAP.(3) Duration of the EPP. The EPP will remain in effect until the later of:(A) 24 hours after the activation of the EPP; or(B) if ERCOT has entered into or remained in emergency operations while the EPP is activated, 24 hours after ERCOT exits emergency operations without re-entering emergency operations.(4) Market Notice. ERCOT will issue a notice both when the EPP is activated and when the EPP is terminated. The notice must include the date and time of the activation or termination of the EPP.(5) Reimbursement for Costs That Exceed the ECAP.(A) While the EPP is active, ERCOT must reimburse resource entities for any actual marginal costs in excess of the larger of the ECAP or the real-time energy price for the resource. ERCOT must utilize existing settlement processes to the extent practicable to verify the resource entity's costs for reimbursement.(B) For reimbursement of actual marginal costs in excess of the HCAP, a resource entity must submit a reimbursement request in the manner prescribed by ERCOT. If a resource entity fails to provide information to ERCOT in its reimbursement request, as required by this subparagraph, ERCOT must not approve the reimbursement of the resource entity's fuel costs. This reimbursement request must include:(i) for a resource entity requesting recovery of fuel costs, an attestation that the costs submitted for recovery are solely related to the provision of fuel or services directly related to the provision of the purchased fuel; and(ii) any additional documents or information requested by ERCOT, including fuel purchase contracts.(C) ERCOT must allocate costs associated with this paragraph on a load ratio share basis.(6) Report.(A) Within 10 working days from the date the EPP is terminated, ERCOT must file an initial report with the commission that contains the following information:(i) a summary of the event that triggered the EPP; and(ii) an analysis of the EPP's performance while the program was active.(B) Within 90 calendar days from the date the EPP is terminated, ERCOT must file a final report with the commission that contains the following information:(i) a final summary of the event that triggered the EPP;(ii) a final analysis of the EPP's performance while the program was active;(iii) the number of generators that filed for cost recovery under paragraph (5) of this subsection;(iv) the total dollar amount of costs submitted and costs recovered under paragraph (5) of this subsection, including the fuel type, MW per hour, and number of units associated with recovered costs; and(v) any recommendations to modify or improve the EPP.(7) Immediate Implementation. ERCOT must implement the EPP immediately. Notwithstanding any conflicting language in this subsection, ERCOT may utilize a manual process to activate the EPP and may consider the real-time energy price, exclusive of any congestion, to determine the system-wide energy price, until any system and protocol changes are complete. ERCOT must issue a market notice when it transitions from a manual to an automated EPP activation process.(d) Review of System-Wide Offer Cap Programs. Beginning January 1, 2026, and every five years thereafter, the commission will review each of the system-wide offer cap programs to determine whether to update aspects of each program.(e) Development and Implementation. ERCOT must use a stakeholder process, in consultation with commission staff, to develop and implement rules that comply with this section. Nothing in this section prevents the commission from taking actions necessary to protect the public interest, including actions that are otherwise inconsistent with the other provisions in this section.", "sourceNote": "Source Note: The provisions of this §25.509 adopted to be effective May 11, 2022, 47 TexReg 2742; amended to be effective December 20, 2023, 48 TexReg 7518." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220838", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.510", "label": "Texas Energy Fund In-ERCOT Generation Loan Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §§34.0104, 34.0106, and 34.0108, which establish requirements and terms for loans to finance dispatchable electric generating facilities within the ERCOT region.(b) Definitions. The following words and terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Borrower--An applicant to the Texas Energy Fund who is successfully awarded a loan under this section and executes a loan agreement with the commission.(2) Commercial operations date--The resource commissioning date, as defined in the ERCOT protocols, for the last generation resource that is part of an electric generating facility financed by a loan under this section. (3) Generation resource--has the same meaning as defined in the ERCOT protocols.(4) 12-Month performance availability factor (PAF) --A metric calculated with ERCOT availability and real time (RT) telemetered data for each generation resource in an electric generating facility financed by a loan under this section. The PAF is computed as the average ratio of each generation resource's RT high sustainable limit (HSL) and its obligated capacity over a 12-month measurement period, expressed as a percentage. Intervals that occurred during an approved planned outage of a generation resource are excluded. The PAF is calculated as follows: Attached Graphic(5) 12-Month planned outage factor (POF)--A metric calculated with ERCOT data for each generation resource in an electric generating facility financed by a loan under this section. The POF is computed as the percentage of time each generation resource spent in planned outages over a 12-month measurement period. The POF is calculated as follows: Attached Graphic(c) Eligibility.(1) A power generation company, municipally owned utility (MOU), electric cooperative, or river authority is eligible for a loan under this section. An electric utility other than a river authority is not eligible for a loan under this section.(2) The following are eligible for a loan under this section:(A) New construction of an electric generating facility having at least 100 megawatts (MW) of nameplate capacity with an output that can be controlled primarily by forces under human control. For purposes of this section, new construction of an electric generating facility means that the facility site has no existing point of interconnection to the ERCOT power region.(B) An upgrade to an existing electric generating facility that results in a net increase of at least 100 MW of nameplate capacity for the facility with an output that can be controlled primarily by forces under human control. For purposes of this section, an existing electric generating facility already has a point of interconnection to the ERCOT power region, and the upgrade does not require an additional point of interconnection to enable delivery of energy from the increased capacity.(C) A new or upgraded electric generating facility that is serving or will serve an industrial load or PUN, provided that the electric generating facility meets the following conditions: the portion of new nameplate capacity that will serve the industrial load or PUN must be less than 50 percent of the facility's total new nameplate capacity, and the remainder of new capacity serving the ERCOT market must be greater than 100 MW. (3) In addition, to be eligible for a loan under this section, a proposed electric generating facility must:(A) be designed to interconnect and provide power to the ERCOT region;(B) be designed to participate in the ERCOT wholesale market; (C) consist of one or more generation resources that interconnect to the ERCOT region through a single point of interconnection; and(D) be eligible to interconnect to the ERCOT region based on the attributes of the owners of the facility, according to the requirements in the Lone Star Infrastructure Protection Act (codified at Texas Business and Commerce Code §117.002).(4) The following activities are not eligible for a loan under this section:(A) Construction or operation of an electric energy storage facility.(B) Construction or operation of a natural gas transmission pipeline. For the purposes of this section, only the infrastructure necessary to connect an electric generating facility to a natural gas supply system may be considered part of the cost of the facility and eligible for a loan. Only those costs in support of new or upgraded capacity that is exclusively provided to the ERCOT region are eligible.(C) Construction of an electric generating facility that met the planning model requirements necessary to be included in the capacity, demand, and reserves report issued by ERCOT before June 1, 2023.(D) Construction or upgrade of an electric generating facility that will provide more than 50 percent of its nameplate capacity to an industrial load or PUN.(E) Construction or upgrade of an electric generating facility that is capable of switching service at its point of interconnection between ERCOT and another power region.(d) Notice of intent to apply.(1) No earlier than May 1, 2024 and no later than May 31, 2024, an applicant must submit a notice of intent to apply in the manner prescribed by the commission. A corporate sponsor or parent may submit the notice of intent on behalf of a subsidiary applicant. Except as provided in paragraph (2) of this subsection, information submitted to the commission as part of the notice of intent to apply is confidential and not subject to disclosure under Chapter 552, Government Code. The notice of intent to apply must include:(A) The applicant's legal name and the proposed name of the electric generating facility for which it seeks a loan;(B) The anticipated nameplate capacity of each generation resource in an electric generating facility proposed to be financed with a loan under this section, and if the proposed facility will serve an industrial load or PUN, the net nameplate capacity of each generation resource that will be dedicated to ERCOT;(C) The anticipated commercial operations date of each generation resource in the electric generating facility;(D) The amount of the loan requested; and(E) For each electric generating facility, if an applicant anticipates contributing equity in its application, a non-binding attestation demonstrating that the applicant, or a corporate sponsor or parent on the applicant's behalf, is capable of financing project-related costs not financed by a loan under this section.(2) Concurrent with the notice of intent to apply, the applicant, or a corporate sponsor or parent of the applicant, must separately file a letter with the commission stating the applicant's legal name and the MW capacity that the requested loan amount will finance.(e) Application requirements and process. A loan application must be submitted in the form and in the manner prescribed by the commission. The application portal will be open for an eight-week window, beginning on June 1, 2024, at 12:00 a.m., and closing on July 27, 2024, at 11:59 p.m. The executive director may extend the application window by providing public notice of the extension at least 30 days prior to the previously announced closing date. The executive director may also open additional application windows if necessary to achieve the objectives of this section. A corporate sponsor or parent may submit an application on behalf of a subsidiary applicant. Information submitted to the commission as part of the loan application process is confidential and not subject to disclosure under Chapter 552, Government Code. An application must include each of the requirements detailed in this subsection. An applicant may withdraw an application at any time while under commission review.(1) The applicant's legal name and the proposed name of the electric generating facility for which it requests a loan.(2) Amount of the loan requested.(3) The anticipated nameplate capacity of each generation resource in an electric generating facility proposed to be financed with a loan under this section, and in the case of an electric generating facility that will serve an industrial load or PUN, the nameplate capacity of each generation resource that is proposed to be dedicated to ERCOT and the anticipated maximum non-coincident peak demand of the industrial load or PUN.(4) Applicant information.(A) A copy of any information submitted to ERCOT regarding the applicant's attestation of market participant citizenship, ownership, or headquarters, if submitted, or a direct attestation of market participant citizenship, ownership, or headquarters, if such information has not yet been submitted to ERCOT;(B) Evidence of the applicant's experience with siting, permitting, financing, constructing, commissioning, operating, and maintaining electric generating facilities to provide reliable electric service in competitive energy markets;(C) Evidence of the applicant's creditworthiness, including: (i) A binding equity commitment letter, if the applicant proposes to fund any project costs using equity, or a binding letter with information regarding the applicant's other funding sources, demonstrating the ability to fund the balance of project costs separate from the loan under this section plus the required three percent construction escrow deposit amount; and(ii) Audited financial statements for each of the previous five fiscal years of the applicant's operations, or if not available, audited financial statements of the applicant's corporate sponsor or parent company. Statements must include total assets, total liabilities, and net worth; and, if available for the applicant, its corporate sponsor or parent, or both, credit ratings issued by major credit rating agencies.(5) Project information.(A) A narrative explanation that details how the facility will contribute to reliably meeting peak winter and summer load in the ERCOT region, including the project's plans for ensuring adequate fuel supplies and preparations for compliance with §25.55 of this title (relating to Weather Emergency Preparedness);(B) Demonstration of the project's eligibility under subsection (c) of this section, including a statement indicating whether any generation resource in the electric generating facility will serve an industrial load or PUN;(C) Project-specific information that will allow the TEF administrator to evaluate the viability and attributes of the electric generating facility, and each individual generation resource, including:(i) A table with the resource operation attributes, including nameplate capacity, heat rate, seasonal net maximum sustainable ratings during winter and summer, cold and hot temperature start times, resource ramp rate, and the original equipment manufacturer's estimated equivalent availability factor (EAF) calculation.(ii) If any generation resource in the electric generating facility will serve an industrial load or PUN, an attestation of the net nameplate capacity of each generation resource that will be dedicated to ERCOT and nameplate capacity that will serve the industrial load or PUN, a description of how the electric generating facility will primarily serve and benefit the ERCOT bulk power system given its relationship to an industrial load or PUN, including details of all obligations or commitments of the electric generating facility to provide energy or capacity to the industrial load or PUN, and whether the proposed electric generating facility's generation capacity would be available to the ERCOT bulk power system during any Energy Emergency Alert, and a copy of any information submitted to ERCOT regarding PUN net generation capacity availability;(iii) One-line diagrams of the proposed project for both transmission planning and the facility;(iv) Evidence of site control, consistent with applicable ERCOT planning guide requirements;(v) An up-to-date phase I environmental site assessment, conducted in accordance with standards identified in 40 C.F.R. Part 312;(vi) A description of the electrical interconnection plan, including evidence that the proposed project is in the interconnection queue with ERCOT; a copy of the ERCOT screening study, if completed; and a copy of the full interconnection study with the interconnecting transmission service provider, if completed;(vii) A description of the fuel and water supply arrangements, including copies of applicable fuel and water supply agreements, if available, and evidence of receipt of necessary water rights and applicable permits;(viii) A description of the operations and maintenance staffing plan, organizational structure, and operating programs and procedures for the proposed project, including copies of operations and maintenance agreements, if available, and organizational charts;(ix) A list of all required environmental, construction, and operating permits with current approval status;(x) A description of the air emissions compliance plan, including evidence of receipt of any required air emissions credits;(xi) A detailed financial forecast of cash available for debt service, covering a period equal to the repayment period of the loan, including sources of revenue, capital, and an annual operating and maintenance budget; and(xii) A proposed project schedule with anticipated dates for major project milestones, such as the start date for project engineering, construction start date, submission of available interconnection documents with ERCOT, completion date of the ERCOT screening study, completion date of the full interconnection study, execution of the standard generation interconnection agreement, if applicable, submission of applicable registration documents with ERCOT and the commission, and commercial operations date.(6) Estimated costs. A description of estimated project costs, which includes:(A) Development, construction, and capital commitments required for the project to reach completion;(B) Permitting-related costs;(C) Development fees;(D) Land acquisition and lease costs;(E) Legal fees;(F) Up-front fees;(G) Commitment fees;(H) Interest accrued and capitalized during construction;(I) Ancillary credit facility fees, if applicable;(J) Title insurance; and(K) Interconnection costs.(f) Evaluation Criteria. The commission will approve or deny an application based on the criteria and TEF administrator evaluations outlined in this subsection. Evaluations and other recommendations provided by the TEF administrator are advisory only. All final decisions on whether to approve or deny each application will be made by the commission.(1) The TEF administrator will evaluate an application under this section based on:(A) The applicant's or its corporate sponsor or parent's:(i) Quality of services and management and proposed organizational structure for the project for which the applicant seeks a loan;(ii) Efficiency of operations, as shown by the applicant's existing generation resources and asset management practices;(iii) History of electricity generation operations in this state and this country;(iv) Resource operation attributes, including fuel type and heat rate, seasonal net maximum sustainable ratings for winter and summer, cold and hot temperature start times, resource ramp rate, and the original equipment manufacturer's estimated EAF; (v) Ability to address regional and reliability needs;(vi) Access to resources essential for operating the facility for which the loan is requested, such as land, water, and reliable infrastructure, as applicable;(vii) Evidence of creditworthiness and ability to repay the loan on the terms established in the loan agreement, including the applicant's total assets, total liabilities, net worth, and credit ratings issued by major credit rating agencies;(B) The nameplate capacity, total forecasted revenues, and total estimated costs of the facility for which the loan is requested; and(C) The completeness of the application.(2) The TEF administrator may also consider the following criteria:(A) The suitability of the facility site to support the construction, operation, and maintenance of the proposed facility and to provide sufficient access to utilities;(B) The sufficiency of the various construction and equipment supply contracts necessary to construct the facility;(C) Whether and to what extent the proposed facility will serve an industrial load or PUN;(D) The commercial feasibility of the facility's construction schedule, including the projected commercial operations date;(E) The facility's proposed environmental permits and commitments;(F) The reasonableness of the applicant's forecast of non-fuel operating and maintenance costs;(G) The methodology used to construct the facility's financial forecast of projected net revenues, expenses, and cash flows;(H) The sufficiency of the applicant's proposed sources of equity or other funding sources to cover the costs of the facility not funded through a loan provided under this section;(I) Whether the facility can achieve the applicant's EAF and capacity projections over the life of the loan agreement; and(J) The basis for the total projected construction costs, including project contingencies.(3) The TEF administrator will conduct due diligence on each application to gauge the feasibility of the project. Each applicant must submit an independent engineer's report, signed and sealed by a professional engineer licensed in the state of Texas, at the applicant's own expense, that assesses the feasibility of the project, its location, and all supporting commercial agreements relating to fuel, water, site control, and interconnection. The TEF administrator may request that an applicant provide additional information it determines necessary to conduct a complete evaluation of the project proposal. (g) Loan Structure. An approved loan will have the following characteristics:(1) Consist of no more than 60 percent of the estimated cost of the electric generating facility to be completed, or in the case of an electric generating facility that serves an industrial load or PUN, consist of no more than 60 percent of a percentage of total estimated facility costs equal to the percentage of the total capacity of the facility that is dedicated to ERCOT;(2) Be the senior debt secured by: (A) the electric generating facility to be completed; or(B) with regard to an MOU or river authority, the revenues of the applicant's utility system into which the electric generating facility will be incorporated and made a part of;(3) Have a term of 20 years;(4) Be payable starting on the third anniversary of the estimated commercial operations date of the electric generating facility as stated in the application;(5) Be payable ratably on terms on which the TEF administrator and the applicant have agreed, based on the applicant's expectation of cash flows from the project and the TEF administrator's assessment of the applicant's cash flows; and(6) With respect to a borrower other than an MOU or river authority, be structured as senior debt secured by a first lien security interest in the assets and revenues of the project.(7) Notwithstanding paragraph (1) through (6) of this subsection, a loan accepted by a borrower that is an MOU or river authority may be in the form of a public security, as defined in Chapter 1201, Government Code, issued under Texas laws governing MOU or river authority financing, provided that the MOU or river authority, at its own expense, presents documentation of indebtedness satisfactory to the commission.(h) Loan Terms and Agreements. A borrower must enter into one or more agreements with the commission that include the terms of this section.(1) Credit agreement--the primary agreement between the borrower and the commission that will govern the terms and conditions under which the commission will loan funds to the borrower. The credit agreement will include the following key terms:(A) Performance covenant--each generation resource in an electric generating facility that is financed by a loan under this section must maintain a PAF of at least 85 percent and a POF no greater than 15 percent, evaluated monthly, over the trailing 12-month period, throughout the term of the loan.(B) Loan facility--a senior secured first lien loan facility will be advanced to the borrower in one or more drawdowns after the closing date of the credit agreement and upon satisfaction of any conditions precedent, and may continue until the project achieves commercial operation. Amortization schedules for the loan facilities will be determined during due diligence and specified in the credit agreement.(i) Upon initial closing of the credit agreement and after the borrower has met the conditions precedent outlined in the loan agreement, the borrower may request an initial loan disbursement for up to 60 percent of qualifying and documented incurred expenses that are part of the total estimated cost of construction for the project, as verified by the TEF administrator. Equity may be funded pro rata with TEF debt or may be required in its entirety prior to funding of TEF debt, based on the credit quality of the application and discretion of the commission and as outlined in the loan agreement.(ii) During the period of construction, the borrower may request loan disbursements for up to 60 percent of the documented project construction and commissioning costs. (iii) For all loan disbursements, the borrower must submit a construction drawdown certificate in the form specified by the commission. The TEF administrator will review the construction drawdown certificate and, upon the TEF administrator's approval, will instruct the Texas Treasury Safekeeping Trust Company to disburse funds.(C) Other capital contributions. The TEF administrator will verify the borrower's ability, or the ability of the borrower's corporate sponsor, to fund the required commitment of the balance of no less than 40 percent of the construction and commissioning costs.(D) Interest on the loan amounts disbursed under the credit agreement will accrue daily at a fixed annual rate of three percent, starting at initial disbursement and continuing throughout the term of the loan.(E) Voluntary prepayment--the borrower may voluntarily prepay the loan amount under the credit agreement in whole or in part at any time without premium or penalty, except that the loan agreement may require that borrowers pay any breakage costs associated with the loan, and the borrower must agree to adhere to the terms of the performance covenant for the duration of the 20-year term.(F) Collateral--to secure the indebtedness under the credit agreement, the borrower, other than an MOU or river authority, will grant the commission a first priority security interest in all of its existing and after-acquired real and personal property related to the facility and in all of the outstanding equity interests of the borrower in the facility.(G) Registration--prior to the initial loan disbursement, the borrower must register with the commission as a power generation company, unless the borrower is an MOU, electric cooperative, or river authority. The borrower must also agree to register each generation resource in the electric generating facility with ERCOT, according to ERCOT's registration requirements in its protocols for generation resources.(H) A change of ownership and control occurs if greater than 50 percent of the equity interest in the project is sold to a third party. The borrower and the third party must submit an application for change of ownership and control commission, that meets the eligibility requirements of subsections (c) and (e) of this section. The acquiring third party must agree to adhere to the terms of the performance covenant in paragraph (1)(A) of this subsection and compliance and audit covenant in paragraph (1)(I) of this subsection for the remainder of the 20-year term of the borrower's loan. A change of ownership and control will require the commission's approval, and such approval will not be unreasonably withheld. Upon approval of a change of ownership and control, the acquiring third party must update the power generation company registration and the generation resource registration to reflect the change of ownership and control. The commission's determination on a change of ownership does not impact any person's obligations under PURA §39.158. (I) Compliance and audit covenants--the credit agreement will include debt covenants requiring the borrower to meet all statutory requirements for loan application eligibility and a debt covenant requiring that the borrower submit annual financial audits and credit assessments throughout the term of the loan. If the borrower's electric generating facility serves an industrial load or PUN, the borrower must also submit an annual accounting, at the generation resource level, showing the capacity made available exclusively to the ERCOT bulk power system during the performance year. The annual accounting must consist of a comparison between the sum of the nameplate capacity of each generation resource in the electric generating facility and the maximum non-coincident peak demand of the associated industrial load or PUN. Annual financial audits, credit assessments, and electric generating facility performance assessments submitted under this section are confidential and not subject to disclosure under Chapter 552, Government Code.(2) Depositary agreement--an agreement between the borrower and commission that will give the commission, as lender, control over the borrower's deposit accounts and securities accounts to perfect the commission's security interest in those accounts.(3) Security agreement--an agreement between the borrower and the commission that will authorize the commission, as lender, to take control of and transfer all material project assets in the event of a default on the credit agreement, subject to the applicable procedures and approvals identified in PURA §34.0108.(4) Pledge agreement--an agreement between the borrower and the commission that will create a security interest in the equity interests of the project in favor of the commission as the senior secured party.(5) Deposit agreement--an agreement between the borrower and the commission in which the borrower will agree to a deposit described in subsection (i) of this section.(6) Events of default--the borrower must agree to specified events of default, which include:(A) Failure to pay principal, interest, or other amounts due;(B) Breach of a covenant in any agreement that has not been remedied within the time prescribed by the loan agreement;(C) Inaccuracy of representations in any agreement;(D) Bankruptcy or insolvency of the borrower; and(E) Abandonment.(7) Remedies for events of default--the borrower must agree to the remedies described in PURA §34.0108 following an event of default.(8) Subordination and other agreements--to the extent that the project is to be financed by debt other than a loan under this section, each other creditor must agree that a loan under this section will be the senior debt secured by the facility. The borrower will be responsible for the preparation and costs associated with any agreement necessary to maintain the senior position of the loan under this section.(9) With respect to a borrower that is an MOU or river authority, the forms by which the requirements of paragraph (1) through (8) of this subsection are accomplished can be substituted by documentation satisfactory to the commission that is customarily used in connection with the issuance of public securities that are subject to approval by the Office of the Texas Attorney General or satisfied by reference to applicable Texas law. An MOU or river authority that presents documentation in accordance with this paragraph will be responsible for the preparation and costs of that documentation. (i) Deposits.(1) The borrower must deposit in an escrow account held by the Texas Comptroller of Public Accounts or provide in a standby letter of credit an amount equal to three percent of the estimated cost of the project for which the loan is provided. The terms of a standby letter of credit must permit a draw in full upon a commission determination that withdrawal of a borrower's deposit is not authorized under paragraph (4) of this subsection. The borrower must deposit the required funds or provide the standby letter of credit before the initial loan amount is disbursed.(A) Standby letters of credit provided under paragraph (1) of this subsection must use the standard form standby letter of credit template approved by the commission. The original document of the standby letter of credit must be provided in a manner established by the commission. (B) The standby letter of credit must be issued by a financial institution that is supervised by the Board of Governors of the Federal Reserve system, the Office of the Comptroller of the Currency, or a state banking department and is a:(i) U.S. domestic bank with an investment-grade credit rating; or(ii) U.S. domestic office of a foreign bank with an investment-grade credit rating.(2) The borrower may not withdraw the deposit from the escrow account or terminate its standby letter of credit unless authorized by the commission.(A) For deposits related to the construction of new facilities, the commission will authorize the borrower's withdrawal of its deposit funds or the release of the borrower's standby letter of credit, as applicable, if the facility for which the loan was provided is interconnected in the ERCOT region:(i) before the fourth anniversary of the date the initial loan funds were disbursed; or(ii) after the fourth anniversary but before the fifth anniversary of the date the initial loan funds were disbursed, if the commission finds that extenuating circumstances caused the delay.(B) For deposits related to upgrades to existing facilities, the commission will authorize the borrower's withdrawal of its deposit funds or the release of the borrower's standby letter of credit, as applicable, if the facility for which the loan was provided is completed: (i) before the third anniversary of the date the initial loan funds were disbursed; or(ii) after the third anniversary but before the fourth anniversary of the date the initial loan funds were disbursed, if the commission finds that extenuating circumstances caused a delay in the completion of the project.(C) For the purpose of this subsection, interconnection occurs when the last generation resource that is part of an electric generating facility financed by a loan under this section is issued a resource commissioning date, as defined in the ERCOT protocols.(3) Upon the occurrence of an event that entitles the borrower to withdraw its deposit or request termination of its standby letter of credit--interconnection or completion of its project--the borrower will file a notice of satisfaction with the commission stating that the borrower requests the return of the deposit. The notice must state:(A) A description of the event that the borrower asserts as justification for withdrawal of the deposit or termination of the standby letter of credit, including the date on which the event occurred and any relevant evidence required to support the assertion;(B) The date of initial loan disbursement; and(C) A detailed statement of extenuating circumstances, if any, that support the borrower's request for a late withdrawal of the deposit resulting from a delayed interconnection or completion of the project, as described in paragraph (2)(A)(ii) or (B)(ii) of this subsection.(4) The commission will evaluate each notice of satisfaction to determine whether the borrower is entitled to withdrawal of its deposit or release of its standby letter of credit. If the borrower demonstrates that it has satisfied the requirements for withdrawal, then the commission will instruct the comptroller to return the deposit to the borrower or will release the borrower's standby letter of credit. If the commission determines that withdrawal is not authorized, including if the borrower fails to file a timely notice of satisfaction, then it will instruct the comptroller to transfer the deposit to the Texas Energy Fund or will direct a draw on the borrower's standby letter of credit and deposit the funds in the Texas Energy Fund.(j) No Contested Case or Appeal. None of an application for a loan, a request for withdrawal of a deposit, or a request for approval of a change of ownership is a contested case. Commission decisions on a loan application or request for withdrawal of deposit are not subject to motions for rehearing or appeal under the commission's procedural rules.(k) Expiration. This section expires September 1, 2050.", "sourceNote": "Source Note: The provisions of this §25.510 adopted to be effective April 23, 2024, 49 TexReg 2463; amended to be effective October 2, 2024, 49 TexReg 7855." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218021", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.511", "label": "Texas Energy Fund Completion Bonus Grant Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224344", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §34.0105 and §34.0106 and establish:(1) Procedures for submitting an application to be eligible for a completion bonus grant award;(2) The process by which an applicant may receive an annual grant payment; and(3) Performance standards for electric generating facilities for which an applicant seeks a completion bonus grant payment.(b) Definitions. The following words and terms, when used in this section, have the following meanings unless the context indicates otherwise.(1) Assessed hours--the 100 hours during the test period with the least quantity of operating reserves, as determined by the highest values of peak net load, where peak net load is calculated as gross load minus wind, solar, and storage injection. (2) Availability reliability factor (ARF)--a metric calculated with ERCOT data for each generation resource for which the commission awards a completion bonus grant under this section. The ARF is computed as the proportion of time that each generation resource was available (i.e., not in a planned outage) during the assessed hours. The ARF is calculated as follows: \"Total evaluated period intervals\" is equal to the total number of intervals during the assessed hours, excluding any that occurred during an approved planned outage of the generation resource. \"Total period intervals\" is equal to the total number of intervals during the assessed hours. Attached Graphic(3) Interconnection date -- the resource commissioning date, as defined in the ERCOT protocols, for the last generation resource in an electric generating facility for which an applicant seeks a completion bonus grant award. The new electric generating facility or new generation resources at an existing electric generating facility must meet the eligibility criteria described in subsection (c) of this section. (4) Performance reliability factor (PRF) -- a metric calculated with ERCOT availability and real time (RT) telemetered data for each generation resource for which the commission awards a completion bonus grant under this section. The PRF is computed as the average ratio of each generation resource's RT high sustainable limit (HSL) and its obligated capacity over the assessed hours. Intervals that occurred during an approved planned outage of a generation resource are excluded. The PRF is calculated as follows: \"RT Telemetered HSL\" is the HSL telemetered by the generation resource in real time. \"Available Flag\" is a binary flag that is equal to the minimum of a current operating plan (COP) available flag and a RT available flag. \"COP available flag\" is a binary flag that equals one if each hourly check of the generation resource's COP for the hour that includes the interval in question indicates that the generation resource will be available in that interval (i.e., any status other than OUT or EMRSWGR), with such hourly checks starting at 14:30 on the day before the relevant interval; otherwise, the flag equals zero. \"RT available flag\" is a binary flag that equals one if the RT telemetered resource status code indicates the generation resource is available (i.e., any status other than OUT or EMRSWGR); otherwise, the flag equals zero. For a generation resource that provides capacity to an industrial load or private use network (PUN), obligated capacity is equal to the net capacity that is dedicated to ERCOT, as of the interconnection date. For all other generation resources, obligated capacity is equal to the adjusted seasonal net max sustainable rating (defined as the registered ERCOT Seasonal Net Max Sustainable Rating adjusted for planned derates). \"Total evaluated period intervals\" is equal to the total number of intervals during the assessed hours, excluding any that occurred during an approved planned outage of the generation resource.Attached Graphic(5) Test period -- the one-year period starting on June 1 of one year and ending on May 31 of the following year.(c) Eligibility. To be eligible for a completion bonus grant award under this section, an applicant must construct at least 100 MW of new nameplate capacity, either as new generation resources in a new electric generating facility, or new generation resources at an existing electric generating facility, and the generation resources for which a completion bonus grant is sought must also: (1) interconnect to and provide power for the ERCOT region;(2) be dispatchable with an output that can be controlled primarily by forces under human control;(3) not be an electric energy storage facility;(4) participate in the ERCOT wholesale market;(5) consist of one or more generation resources physically capable of interconnecting to the ERCOT region through a single point of interconnection;(6) be eligible to interconnect to the ERCOT region based on the attributes of the owners of the electric generating facility, according to the requirements in the Lone Star Infrastructure Protection Act (codified at Texas Business and Commerce Code §117.002);(7) not meet the planning model requirements necessary to be included in an ERCOT capacity, demand, and reserves report for the ERCOT region before June 1, 2023 for the construction or addition of any generation resource;(8) operate in such a manner that the electric generating facility that is serving an industrial load or PUN must meet the following conditions: the portion of nameplate capacity that will serve the maximum non-coincident peak demand of the industrial load or PUN must be less than 50 percent of the facility's total nameplate capacity, and the remaining capacity serving the ERCOT market must be greater than 100 MW; and(9) meet the interconnection deadlines described in subsection (e)(2) of this section.(d) Determination of eligibility for completion bonus grant award.(1) Eligibility application. No earlier than January 1, 2025, and no later than 180 days after the interconnection date of the electric generating facility for which an applicant requests a completion bonus grant award, an applicant must submit an electronic application in the form and manner prescribed by the commission. The application must include:(A) the applicant's legal name and the proposed name of each generation resource in the electric generating facility for which it seeks a completion bonus grant award. A corporate sponsor or parent may submit the application on behalf of its subsidiary applicant; (B) information describing the applicant's quality of services and management;(C) information describing the applicant's efficiency of operations;(D) a record of the applicant's history of electric generation operations in this state and this country, including information demonstrating the applicant's experience operating and maintaining dispatchable electric generating facilities;(E) a description of the operational attributes of the electric generating facility; if any generation resource in the electric generating facility will serve an industrial load or PUN, a description of the manner in which it will serve the industrial load or PUN, how the electric generating facility will primarily serve and benefit the ERCOT bulk power system given its relationship to a PUN or industrial load, the total nameplate capacity of the electric generating facility, the anticipated or actual maximum non-coincident peak demand of the associated industrial load or PUN, whether the electric generating facility's generation capacity would be available to the ERCOT bulk power system during any Energy Emergency Alert, and a copy of any information submitted to ERCOT regarding PUN net generation capacity availability;(F) a description of the electric generating facility's ability to address regional and reliability needs;(G) for electric generating facilities not yet interconnected to the ERCOT region:(i) a proposed project schedule with anticipated dates for completion of construction, submission of registration documents with ERCOT and the commission, and anticipated interconnection date;(ii) the anticipated nameplate capacity of the electric generating facility when commercial operations begin; and(iii) the estimated construction costs of the electric generating facility.(H) for electric generating facilities already interconnected to the ERCOT region:(i) the actual construction costs of the electric generating facility, listed by generation resource;(ii) the interconnection date of the newly constructed electric generating facility or of the last new generation resource added to an existing electric generating facility;(iii) the total nameplate capacity of each generation resource in the electric generating facility that meets the eligibility requirement described in subsection (c)(7) of this section; and(iv) the name of each generation resource in the electric generating facility and the name of the electric generating facility on ERCOT's market participant list.(I) a statement describing when each generation resource in the electric generating facility met the planning model requirements necessary to be included in an ERCOT capacity, demand, and reserves report with an identification of the first appearance of the electric generating facility, or any generation resource in the electric generating facility, in an ERCOT capacity, demand, and reserves report;(J) a statement of whether the applicant applied for a loan under §25.510 of this title (relating to Texas Energy Fund In-ERCOT Generation Loan Program) and the commission's determination on the loan application, if known;(K) if applicable, a statement asserting that extenuating circumstances support the extension of any deadline described in subsection (e)(2) of this section, including the facts surrounding those extenuating circumstances;(L) documentation that the applicant has registered or will register with the commission as a power generation company, unless the applicant is an MOU, electric cooperative, or river authority; (M) documentation that the applicant has registered or will register its generation resources according to ERCOT's registration requirements; and(N) a narrative explanation of the applicant's preparations for compliance with §25.55 of this title (relating to Weather Emergency Preparedness).(2) The commission will evaluate the information provided in an application to determine whether an applicant is eligible to receive a completion bonus grant award. Determination of eligibility to receive a completion bonus grant award does not entitle an applicant to a grant payment.(A) The commission will issue a notice of eligibility for an applicant it determines is eligible to receive a completion bonus grant award. The notice of eligibility will state the completion bonus grant award amount based on the actual or projected capacity of each generation resource in the electric generating facility and its actual or projected interconnection date. The award amount is calculated for each generation resource, and these amounts are added together, if applicable, to reach a total award amount for the electric generating facility. For a project that has not reached its interconnection date at the time the application is submitted, the applicant must subsequently submit to the TEF administrator documentation demonstrating that the interconnection date satisfies the applicable deadline in subsection (e)(2) of this section and demonstrate adherence to the criteria described in subsection (c) of this section. If the actual nameplate capacity or interconnection date differs from estimates, the commission may revise the eligible applicant's completion bonus grant award amount to reflect actual information and amend the notice of eligibility accordingly.(B) For the ten successive test periods following a qualifying electric generating facility's interconnection date, an eligible applicant is authorized to receive an annual completion bonus grant payment for each test period in which its generation resource or resources meet the performance standard established in this section.(C) An eligible applicant must enter into a grant agreement in the form and manner specified by the commission whereby the eligible applicant commits to adhere to the requirements described in subsection (c) of this section for the duration of any test period for which it may receive a completion bonus grant payment. Failure to enter into a grant agreement or breach of the executed grant agreement will be grounds for the commission to determine that an applicant is ineligible to obtain any future completion bonus grant payment. (3) Information submitted to the commission in a completion bonus grant application is confidential and not subject to disclosure under Chapter 552 of the Texas Government Code.(4) An applicant must separately file a statement indicating that an application for a completion bonus grant award has been presented to the commission for review with the date of application submission.(e) Completion bonus grant award amount.(1) The amount of a completion bonus grant award is based on program funding availability, and either;(A) the combined capacity of each new generation resource and interconnection date of the new electric generating facility; or(B) the combined capacity of each new generation resource and interconnection date of the last new generation resource added to an existing electric generating facility.(2) Unless the commission determines that extenuating circumstances justify extension of the deadlines under this subsection, the commission may approve a completion bonus grant award for an applicant considered eligible to receive a completion bonus grant award in an amount not to exceed:(A) $120,000 per MW of applicable capacity that is interconnected to the ERCOT region before June 1, 2026; or(B) $80,000 per MW of applicable capacity that is interconnected to the ERCOT region on or after June 1, 2026, and before June 1, 2029.(3) The applicable capacity for use in paragraph (1)(A) and (1)(B) of this subsection is:(A) the combined nameplate capacity of all new generation resources, if the newly constructed electric generating facility provides all capacity exclusively to the ERCOT power region;(B) the increase in nameplate capacity attributable to the addition of one or more new generation resources at an existing electric generating facility; or(C) the net nameplate capacity that exclusively serves the ERCOT region, as determined by the maximum non-coincident peak demand of the industrial load or PUN, if the electric generating facility serves an industrial load or PUN.(f) Grant payment process.(1) For each test period, the TEF administrator will disburse a grant payment to an applicant eligible to receive a completion bonus grant award. A grant payment is one-tenth of an applicant's total completion bonus grant award, subject to the performance standards and discount methodology prescribed under subsections (g) and (h) of this section.(2) No later than 45 days following the end of each test period, ERCOT must determine and provide to the TEF administrator the assessed hours, the median and optimal performance levels of the generation resources in the reference group, the PRF and ARF for each generation resource in an electric generating facility under this section, and the amount of payment each eligible applicant is entitled to for that test period, based on the performance of each of its generation resources. The TEF administrator will provide each eligible applicant the assessed hours, the median and optimal performance levels, the eligible applicant's PRF and ARF, and the eligible applicant's calculated completion bonus grant payment amount. (3) ERCOT's determination of a generation resource's PRF and ARF and the calculation of the applicant's completion bonus award payment following a test period are subject to review under Section 20 of the ERCOT protocols (alternative dispute resolution procedure) as modified by this subsection. To seek review of ERCOT's determination of PRF, ARF, or payment amount, an eligible applicant must submit a written request for an alternative dispute resolution proceeding to ERCOT no later than 30 days after the date the TEF administrator provides PRF and ARF determinations and payment calculations to the eligible applicant for the test period. The eligible applicant must simultaneously notify the TEF administrator in writing in the manner prescribed by the commission that it has invoked review of ERCOT's determination of PRF or ARF or payment calculations. An eligible applicant may appeal the outcome of the ERCOT review in accordance with §22.251(d) of this title (relating to Review of Electric Reliability Council of Texas (ERCOT) Conduct). The only parties to an appeal of the ERCOT review are the eligible applicant, ERCOT, and commission staff.(4) Thirty-five days after the TEF administrator provides the PRF, ARF, and completion bonus grant payment amount to each eligible applicant, the TEF administrator will instruct the Texas Treasury Safekeeping Trust Company to disburse the grant payment to the eligible applicant and notify the eligible applicant of the disbursement, unless the eligible applicant requests review of the determination of PRF or ARF under paragraph (3) of this subsection. Upon resolution of a requested review, the TEF administrator will instruct the Texas Treasury Safekeeping Trust Company to disburse the grant payment, if appropriate. (g) Performance standards. An electric generating facility's performance is based on the PRF and ARF of each generation resource in the facility during the test period. The generation resource's PRF will be compared against the PRF of a reference group of non-grant recipient generation resources in the ERCOT region. ERCOT, in consultation with commission staff, must select a reference group comprising at least 30 resources randomly sampled from all dispatchable, interconnected, thermal generation resources with a nameplate capacity of at least 50 MW that were first interconnected to the ERCOT region on or after January 1, 2004. A grant payment may be discounted based on the formula prescribed in subsection (h) of this section. The performance standards for any test period are as follows:(1) Optimal performance standard is determined by the 90th percentile of PRF scores achieved by resources in the reference group during the assessed hours.(2) Median performance standard is determined by the 50th percentile of PRF scores achieved by resources in the reference group during the assessed hours.(h) Grant payment discount formula. A grant payment equals one-tenth of an applicant's completion bonus grant award as stated in the applicant's notice of eligibility, subject to discount or withholding. Grant payments are calculated per generation resource. Each generation resource's performance is computed separately, and a grant payment for that generation resource calculated accordingly. The total grant payment is summed from the individual generation resources' grant payments, if applicable. The formula for any discount of an annual grant payment is as follows: Attached Graphic(1) Discount or withholding of payment.(A) The TEF administrator will not apply any discount to a grant payment if the generation resource meets or exceeds the optimal PRF performance standard established under subsection (g)(1) of this section and achieves an ARF of between 0.9 and one.(B) The TEF administrator will disburse a discounted grant payment if the PRF of the generation resource for which the grant was provided is above the median performance standard established under subsection (g)(2) of this section but less than an optimal performance standard established under subsection (g)(1) of this section, or if the ARF of the generation resource is less than 0.9.(C) The TEF administrator will withhold a grant payment if the PRF of the generation resource is equal to or below the median performance standard established under subsection (g)(2) of this section, or if the generation resource's calculation according to the formula in this subsection returns a value less than or equal to zero.(2) Example. An applicant would receive the following grant payments for hypothetical test periods 1, 2, and 3 based on a $12,000,000 completion bonus grant award described in a notice of eligibility for a 100 MW generation resource interconnected on March 1, 2026. The table below represents an example of hypothetical test period PRF distributions. Attached Graphic(i) No Contested Case or Appeal. An application for completion bonus grant eligibility is not a contested case. A commission decision on completion bonus grant program eligibility is not subject to a motion for rehearing or appeal under the commission's procedural rules.(j) Expiration. This section expires December 1, 2040.", "sourceNote": "Source Note: The provisions of this §25.511 adopted to be effective May 15, 2024, 49 TexReg 3210." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224344", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.512", "label": "Texas Energy Fund Grants for Facilities outside of the ERCOT Region" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215566", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §34.0103 and §34.0106 and establish requirements and terms for grants to finance modernization, weatherization, reliability and resiliency enhancements, and vegetation management for transmission and distribution infrastructure and electric generating facilities in this state outside of the ERCOT region.(b) Eligibility.(1) Applicant eligibility. To be eligible for a grant under this section, an applicant must:(A) be an electric utility, electric cooperative, municipally owned utility, or river authority that owns or manages transmission or distribution infrastructure or one or more electric generating facilities in this state outside of the ERCOT region; or(B) own a qualifying facility as defined by the Public Utility Regulatory Policies Act of 1978 (PURPA) §201, codified at 16 U.S.C.A. §§796(17) and (18); and (C) be compliant with the requirements in the Lone Star Infrastructure Protection Act (codified at Texas Business and Commerce Code §117.002).(2) Project eligibility. A project consists of one or more measures that share a specific objective over a defined duration. A measure may be an action or series of actions, acquisition of equipment, or construction of infrastructure. Measures that are inter-dependent must be submitted within the same project.(3) Objectives. To be eligible for a grant under this section, a project must meet one of the following objectives. Only projects within the subcategories listed for each objective in subparagraphs (A) - (D) of this paragraph are eligible for a grant under this section.(A) Facility modernization. This objective relates to upgrading or replacing infrastructure or equipment and improvements to facility or system situational awareness. Advanced metering installation and analytics, substation automation, water conservation, cooling system upgrades, and installation of heat-resistant technologies are subcategories of the facility modernization objective.(B) Facility weatherization. This objective relates to measures that protect, strengthen, or improve the energy efficiency, operational parameters, or safety of a structure against the natural elements. Elevation of critical equipment, drainage system improvements, structure reinforcement, insulation and heating of critical areas and equipment, installation of advanced irrigation systems, and installation of weather-resistant equipment and fire or flood barriers are subcategories of the facility weatherization objective.(C) Reliability and resiliency. This objective relates to helping transmission and distribution infrastructure and electric generating facilities prevent, withstand, mitigate, or more promptly recover from power outages and events involving extreme weather conditions, uncontrolled events, cyber and physical attacks, cascading failures, or unanticipated loss of system components that pose a material threat to the safe and reliable operation of an eligible applicant's transmission, distribution, and generation systems. Fortification against flooding, undergrounding, pole upgrading, electric transmission and distribution infrastructure hardening, battery storage or generation resource that serves to maintain or restore energization of transmission or distribution infrastructure, onsite fuel storage capacity increases, generation uprates, cybersecurity enhancements, and fortification against physical threats are subcategories of the reliability and resiliency objective.(D) Vegetation management. This objective relates to capital costs for vegetation management not already included in the eligible applicant's rate base to prevent or curtail vegetation from interfering with electric transmission and distribution infrastructure. New data-driven trimming and removal scheduling technology, new GIS-based vegetation mapping technology, drought-resistant vegetation installation, and capital costs to prevent the growth of trees, shrubs, and other vegetation are subcategories of the vegetation management objective.(4) Funding exclusions. Proceeds of a grant received under this section must not be used for the following:(A) compliance with weatherization standards adopted before December 1, 2023;(B) debt payments;(C) upgrades to or operation of an electric generating facility that will be used primarily to serve an industrial load or private use network (PUN), as described by paragraph (5) of this subsection; (D) construction of, upgrades to, or operation of transmission and distribution infrastructure that serves an industrial load or PUN and is on the customer's side of the settlement meter;(E) construction or operation of a natural gas transmission pipeline, or any project related to natural gas transmission or distribution infrastructure;(F) construction of a new electric generation resource, including any battery storage project, that will be used to sell electricity or ancillary services at wholesale or to serve end user load; (G) operations expenses associated with a project funded by a grant under this section;(H) construction of or upgrades to a facility that is not geographically located within Texas; (I) any proposed project that will not provide the majority of its benefits to consumers of electricity that are located in Texas and outside of the ERCOT region; or(J) any proposed project that is included as a measure in a resiliency plan approved under §25.62 of this title.(5) For purposes of this section, an electric generating facility does not primarily serve an industrial load or PUN if that electric generating facility operates in such a manner that the portion of nameplate capacity that will serve the maximum non-coincident peak demand of the industrial load or PUN is less than 50 percent of the facility's total nameplate capacity.:(c) Application. An eligible applicant may submit one or more applications for a grant under this section. Each application may contain multiple projects. An applicant must not submit an application containing a project with an objective, as described in subsection (b)(3) of this section, within 24 months of the date the applicant entered into a grant agreement for a project with that objective. Each application must be submitted electronically in a form and manner prescribed by the commission and contain the information required by this subsection. (1) Applicant. An application must be submitted at the highest entity level (e.g., most senior parent or owner) that holds a Texas certificate of convenience and necessity, if applicable. An entity eligible under subsection (b)(1) of this section that is not required to hold a Texas certificate of convenience and necessity must submit its application at the highest entity level that operates the electric generating facility or transmission and distribution infrastructure that is the subject of the application. An application for a project with multiple owners must be submitted by the highest level of the entity with managing authority (e.g., owner with controlling interest, managing partner, or cooperative). A joint application for a project must be submitted by a single prime applicant with partner applicants listed as sub-applicants. (A) Applicant information. Each application must include applicant information, including:(i) the applicant's legal name;(ii) the applicant's form of organization; and(iii) the applicant's primary contact name and title, mailing address, business telephone number, business e-mail address, and web address.(B) Applicant experience. Each application must include information on the applicant's history and experience, including: (i) the applicant's history of transmission, distribution, and electric generation operations in this state and this country; (ii) information describing the applicant's quality of services and management;(iii) information describing the applicant's efficiency of operations;(iv) evidence that the applicant is in good standing with financial institutions and is meeting all compliance requirements; and(v) evidence of past grant management and administration.(2) Project. An application must be organized by project and objective. Each application must include the following information for each project: (A) Project information, including:(i) proposed project name;(ii) project objective and subcategory, as specified in subsection (b)(3) of this section;(iii) grant amount requested for the project;(iv) description of the proposed project;(v) demonstration of the project's eligibility under subsection (b) of this section;(vi) a description of the operational attributes of the transmission or distribution infrastructure or electric generating facility for which the applicant is requesting a grant;(vii) the name, location, owner, and applicable share of ownership of the transmission or distribution infrastructure or electric generating facilities included in the project; and(viii) the priority of the project relative to any other projects also proposed under this section by the same applicant.(B) Expected benefits of the proposed project receiving a grant under this section, including:(i) a description of the expected benefits for the entire project, including the location and magnitude of the expected benefits, and, if applicable, a description of the expected benefits for each state and power region in which the project will provide benefits;(ii) a description of the project's ability to address regional and reliability needs;(iii) evidence of past performance of similarly sized and scoped projects, as applicable; and(iv) an explanation for why this project should be funded by a grant under this section, as opposed to other available funding sources.(C) Project implementation details, including:(i) a proposed project schedule with anticipated dates for major project milestones;(ii) evidence of the technical feasibility of the project, including staffing plans, material contracts, and required permits, as applicable;(iii) evidence of how any assets purchased with a grant under this section will be maintained through the depreciable life of the asset; and(iv) performance metrics and targets for the project.(D) Budget information and a description of estimated project costs, including, as applicable:(i) capital costs, such as equipment, hardware, software, development, construction, and capital commitments required for the project to reach completion;(ii) operating expenses in conjunction with the project and that result from the project, such as maintenance;(iii) estimated timing requirements of the funds; (iv) the portions of the proposed budget funded by:(I) this grant program, limited to capital costs;(II) applicant cost-share; and(III) other sources, including federal grants; and (v) in the case of a joint application, a proposed allocation of the award to each involved entity.(3) Information submitted to the commission in an application for a grant under this section is confidential and not subject to disclosure under Government Code chapter 522. (4) An applicant must separately file a statement indicating that an application for a grant award has been presented to the commission for review with the date of the application submission, the eligible objective and project, and the total grant amount requested per objective. (d) Application review. The commission will approve in full, approve in part, or deny each project in an application based on the screening and evaluation criteria outlined in this subsection. Evaluations and other recommendations provided by the TEF administrator are advisory only. All final decisions on whether to approve or deny each project will be made by the commission.(1) Applications will be reviewed in the order in which the commission receives them. (2) Applications and proposed projects will be screened for eligibility under subsection (b) of this section.(3) Each eligible project will be evaluated to determine whether it is reasonable. The following factors may also be considered in the evaluation:(A) the applicant's past performance, personnel, and resources to implement the project;(B) the project's expected benefits; (C) the project's ability to address regional and reliability needs; (D) the applicant's stated priority level for the project;(E) the project's attributes;(F) the project's cost; and(G) any other factors the commission deems appropriate.(4) The TEF administrator may request that an applicant provide any additional information necessary to screen and evaluate any project in an application.(e) Grant award amount. (1) The amount of a grant award is based on program funding availability and application evaluation by the TEF administrator. Applications may be funded entirely, or the commission may fund a portion of the proposed application.(2) If a project is expected to benefit multiple states or power regions, the amount of grant funding will be based on the percentage of the project's benefits that are expected to be provided to areas in Texas and outside of the ERCOT region.(3) If a project is awarded for an electric generating facility that serves an industrial load or PUN, the amount of grant funding will be based on the percentage of that electric generating facility's capacity that exclusively serves the power region or grid in which the electric generating facility is located.(4) Grants will be awarded only to fund eligible capital costs to implement a project in an approved application. Any costs funded by a grant under this section must not be included in rates, or otherwise collected from customers. (5) A single applicant will not be awarded more than $200 million in grants under this section. For purposes of this paragraph, grant funds awarded to joint applicants will be allocated to each applicant based on terms in the grant agreement mutually agreed to by the joint applicants and the TEF administrator.(6) To receive a grant payment under this section, an applicant must enter into a grant agreement in the form and manner specified by the commission. The TEF administrator may separate or combine projects across applications into one or more grant agreements. An uncured breach of the executed grant agreement will be grounds for the TEF administrator to determine that an applicant is ineligible to obtain any future grant payments under this section. The TEF administrator may tailor any applicable reporting requirements, period of performance, milestones, performance metrics and targets, deliverables, and payment schedules for individual projects, all of which will be included in the grant agreement.(f) Grant payment terms.(1) Payment terms for each project will be determined by the TEF administrator and specified in the corresponding grant agreement. A grantee must comply with all terms and conditions outlined in the grant agreement, including all reporting requirements, and all federal or state statutes, rules, regulations, or guidance applicable to the grant award to be eligible for grant fund disbursement. (2) A grantee may receive grant funds in advance of incurring costs, as specified in the grant agreement. (3) The commission will withhold or require the return of payments for costs that are found ineligible, or if a grantee fails to comply with the requirements described in paragraph (1) of this subsection.(g) Period of performance.(1) Each project's period of performance will be stated in the respective grant agreement based on the project schedule provided in the grantee's application. The grant agreement will specify project milestones.(2) Activities related to eligible costs of the project must commence within 12 months of execution of the grant agreement. Project deadlines will be specified in the grant agreement.(h) No contested case or appeal. An application for a grant under this section is not a contested case. A commission decision on a grant award is not subject to a motion for rehearing or appeal under the commission's procedural rules. (i) Project monitoring. Reporting and monitoring requirements for each grantee will be specified in the grant agreement. Asset performance and maintenance will be monitored for a period specified in the grant agreement for any asset funded by a grant under this section. The TEF administrator must track each grantee's project progress and provide the commission with regular updates. (j) Expiration. This section expires September 1, 2050.", "sourceNote": "Source Note: The provisions of this §25.512 adopted to be effective March 5, 2025, 50 TexReg 1669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215566", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.515", "label": "Texas Backup Power Package Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225361", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Advisory committee -- the advisory committee convened under the authority described in the Public Utility Regulatory Act (PURA) §34.0203.(2) Texas backup power package -- a stand-alone, behind-the-meter, multiday backup power source that can be used for islanding.(b) Purpose and duties. The advisory committee is established to recommend criteria for the commission to employ in making a grant or loan under PURA chapter 34, subchapter B. The advisory committee must:(1) No later than October 1, 2024, submit, in writing, recommendations for the types of Texas backup power package projects that should be funded by loans and the types of Texas backup power package projects that should be funded by grants.(2) No later than October 1, 2024, submit, in writing, a report to the commission with recommendations for procedures for the application for and awarding of a grant or loan in accordance with PURA chapter 34, subchapter B.(3) Make any other recommendation to the commission regarding matters associated with PURA chapter 34, subchapter B that the advisory committee finds appropriate.(4) Record minutes of each advisory committee meeting and provide a copy of those minutes to the commission.(5) Publicly file all written recommendations, reports, and minutes produced by the committee on the commission interchange.(c) Composition and membership. The advisory committee will consist of no fewer than three and no more than nine members. The executive director is authorized to solicit candidates, evaluate their qualifications, and make an appointment to the advisory committee to fill any open position on the advisory committee. The executive director will select members of the advisory committee after reviewing qualifications of potential members. Persons interested in serving on the advisory committee may submit a resume and statement of interest to the executive director at TexasBackupPower@puc.texas.gov.(d) Membership term. An advisory committee member's term begins when the executive director files notice of the member's appointment on the commission's filing interchange. Each member will serve on the advisory committee until the member resigns or is removed. A member may resign by submitting written notice of resignation to the executive director. The executive director may recommend the removal of a member. The commission may remove an advisory committee member for lack of participation or any other reason. The executive director must notify the removed member and the presiding officer of the committee of the member's removal.(e) Reimbursement. Members of the advisory committee will not be reimbursed for expenses.(f) Meetings. The first advisory committee meeting will be called by the executive director. At this first meeting, the advisory committee members must designate a presiding officer to preside over the advisory committee and report to the commission. The presiding officer must call all subsequent meetings of the advisory committee as frequently as necessary to carry out the advisory committee's purpose. A majority of seated members will constitute a quorum necessary for carrying out advisory committee business. The advisory committee may seek and incorporate the input of any person while carrying out its duties.(g) Duration. The advisory committee will automatically be abolished on the earlier of 180 days after the date the advisory committee delivers the reports described in subsection (b) of this section or four years after the effective date of this rule.", "sourceNote": "Source Note: The provisions of this §25.515 adopted to be effective November 23, 2023, 48 TexReg 6740." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225361", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.517", "label": "Exemption Process for ERCOT Reliability Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227657", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and applicability. This section outlines a process at the Electric Reliability Council of Texas (ERCOT) for a resource entity to request an exemption from an ERCOT reliability requirement that applies to existing resources. This section does not modify or otherwise preempt existing exemptions or exemption processes contained in commission rules or ERCOT protocols, as that term is defined in §25.5 of this title (relating to Definitions). This section also does not prohibit ERCOT from adopting specific exemption processes for an individual reliability requirement that is not designated as a requirement for which an exemption under this section is available or create a presumption that any individual reliability requirement applies to an existing resource.(1) ERCOT must designate during the development of a reliability requirement whether the exemption process outlined in this section is available for that reliability requirement. This designation must appear in the text of the approved reliability requirement.(A) A reliability requirement designated under this paragraph must include a reasonable deadline by which a resource entity must submit its exemption request to ERCOT. ERCOT may extend this deadline. (B) An exemption to a reliability requirement designated under this paragraph is available only for a resource that had a resource commissioning date, as defined in the ERCOT protocols, before the date a reliability requirement takes effect. An existing load resource is one that completed Ancillary Service Qualification Testing, as defined in the ERCOT protocols, before the date a reliability requirement takes effect. (2) This section also applies to a reliability requirement that is already in effect on the effective date of this section and for which ERCOT has accepted notices of intent to request an exemption, but for which ERCOT has not yet defined the standards by which those exemption requests will be evaluated. (3) A threshold reliability risk described in subsection (b) of this section applies only to the assessment of an exemption request under this section and does not apply to reliability criteria in other ERCOT protocols. (b) Definitions. The following words and terms, when used in this section, have the following meanings unless the context indicates otherwise:(1) Feasible--describes an available modification or upgrade that can be made to a resource.(2) Reliability requirement--a mandatory technical standard adopted by ERCOT to support the reliability of electric service that is included in the ERCOT protocols.(3) Resource--refers to a generation resource, load resource, or an energy storage resource, as defined and used in the ERCOT protocols.(4) Resource entity--an entity that owns or controls a resource.(5) Technical limitation--a technical restriction preventing a resource from complying with a reliability requirement, based on the resource's documented inability to comply with the reliability requirement.(6) Threshold reliability risk--one or more of the following:(A) instability, cascading outages, or uncontrolled separation;(B) loss of generation capacity equal to or greater than 500 megawatts in aggregate from one or more resources other than the resource for which the exemption is requested;(C) loss of load equal to or greater than 300 megawatts; or(D) equipment damage.(c) Exemption Request. If a technical limitation prevents a resource from complying with a reliability requirement, a resource entity may submit to ERCOT an exemption request in accordance with this section by the deadline established by ERCOT under subsection (a) of this section. ERCOT must treat information submitted as part of an exemption request as protected information. The exemption request must be submitted in a manner prescribed by ERCOT that, at a minimum, requires the following:(1) a description of the applicable reliability requirement from which the resource entity seeks an exemption, including cross-references to ERCOT protocols where the applicable reliability requirement is contained;(2) a succinct description, with supporting documentation, of the resource entity's efforts to comply with the applicable reliability requirement, and an explanation of the resource entity's inability to comply;(3) documentation describing all feasible modifications, replacements, or upgrades the resource entity could implement, but has not yet implemented, to improve the performance of the resource toward meeting the applicable reliability requirement;(4) models that accurately represent expected resource performance and reflect the actual, as-built resource equipment and settings, with all technical limitations, before and after maximizing the resource's operational capability, if applicable, and if not already submitted to ERCOT. Each model must include a description of any technical limitation the resource entity cannot accurately represent in that model; (5) a plan to comply with each specific element of the applicable reliability requirement to the maximum extent possible. A plan under this paragraph must include:(A) a proposed completion deadline for each proposed modification, replacement, or upgrade;(B) proposed dates for the resource entity to provide updates to ERCOT on its progress;(C) any supporting documentation relevant to plan implementation; and(D) potential mitigation options, if applicable;(6) whether any other exemption request has been submitted for the resource, in accordance with this section or otherwise, including the outcome of each request; (8) the resource's interconnection date, including a copy of the resource's interconnection agreement and any amendments, if not already submitted to ERCOT; and(9) whether the resource entity is seeking an exemption, an extension, or both.(d) ERCOT assessment of exemption requests.(1) Assessment process. ERCOT must assess the ERCOT system to determine whether an exemption granted to one resource or several resources would result in a threshold reliability risk to the ERCOT system . ERCOT must identify the resource's interconnecting TSP and send the TSP all studies and substantive communications related to the exemption request and ERCOT's assessment and may consider input from the interconnecting TSP, as appropriate. The assessment must consider at least the following:(A) steady state and dynamic stability of the ERCOT system;(B) resource and system performance under a reasonable set of operating conditions (e.g., peak summer, peak winter, high wind low load, and nighttime conditions);(C) reasonable and expected topology, equipment status, and dispatch used in the assessment;(D) any contingencies ERCOT deems critical based on engineering judgment, including contingencies from any applicable North American Electric Reliability Corporation reliability standard, such as any allowed steady state system adjustments for contingencies, or from the ERCOT planning guide;(E) any technical limitations described in the request that are not included in the models provided by the resource entity under subsection (c)(4) of this section, the effect of which will be assessed by analyzing the expected impact based on ERCOT's engineering judgment;(F) ERCOT's most relevant outlook for resource adequacy;(G) the potential impact to system reliability of new resources that have been approved for energization by ERCOT;(H) any mitigation options included in the exemption request under subsection (c)(5)(D) of this section; and(I) any other information ERCOT deems necessary to assess the reliability impact of an exemption based on ERCOT's engineering judgment.(2) Process to determine mitigation options. Before making a final decision to grant an exemption or extension with conditions or deny an exemption or extension, ERCOT must make a reasonable effort to work with the resource entity that made the request to identify any technical or operational options that are mutually acceptable to ERCOT and the resource entity to mitigate any threshold reliability risk caused by the resource's continued operation. ERCOT may request and consider additional information from the resource entity during this process, including costs of an individual option. Failure to identify a mutually acceptable option does not prevent ERCOT from making a final decision on the requested exemption or extension based on its assessment.(3) Assessment outcomes. ERCOT may grant an exemption, grant an exemption with conditions, grant an extension, or deny an exemption. ERCOT must provide the resource entity with a written explanation for its decision that includes information on its assessment, including which models ERCOT used in the assessment, a list of assumptions that were used in the assessment, and which factors were varied to run any sensitivities.(A) ERCOT must grant an exemption if its assessment identifies that no threshold reliability risks would result from granting the exemption or, if applicable, granting several exemptions requested by multiple resource entities. (B) ERCOT may grant an exemption with conditions (e.g., curtailment of the resource's output under certain circumstances, a congestion management plan, or other remedial action) if doing so would no longer result in a threshold reliability risk.(C) ERCOT may grant an extension or an extension with conditions if it determines that a feasible solution acceptable to both it and the resource entity will become available within a reasonable time.(D) ERCOT must deny the exemption request if its assessment identifies that a threshold reliability risk would result from granting the exemption or, if applicable, granting several exemptions requested by multiple resources entities, that cannot be eliminated by imposing conditions.(4) An exemption under this section may be limited to a period identified by ERCOT in granting the exemption.(5) If ERCOT denies an exemption request, ERCOT may specify in its written explanation a reasonable amount of time for the resource to come into compliance with the reliability requirement from which the resource entity was seeking an exemption.(e) ERCOT inspections. ERCOT may inspect a resource owned and operated by a resource entity to verify the need for an exemption or perform field verification of modeling parameters, using employees or ERCOT-designated contractors.(1) ERCOT must provide the resource entity at least 72 hours' written notice of a field visit unless otherwise agreed by that resource entity and ERCOT. The written notice must identify each ERCOT employee, commission staff member, or designated contractor participating in the inspection. Within 24 hours of receiving notice of inspection, a resource entity must provide ERCOT, commission staff, and designated contractors all resource entity requirements for facility access. Upon provision of the required written notice, a resource entity must grant access to its facility to ERCOT and to commission staff, including an employee of a contractor designated by ERCOT to conduct, oversee, or observe the inspection.(2) During the inspection, a resource entity must provide ERCOT, commission staff, or designated contractors access to any part of the facility upon request. ERCOT, commission staff, and designated contractors must comply with all applicable safety and security regulations, including those maintained by the resource entity, during the inspection. A resource entity must provide access to inspection, maintenance, and other records associated with the applicable reliability requirement and must make the resource entity's staff available to answer questions. A resource entity may escort ERCOT, commission staff, and designated contractors at all times during an inspection. During the inspection, ERCOT, commission staff, or designated contractors may take photographs or video recordings of any part of the facility, except control rooms, and may conduct interviews of facility personnel designated by the resource entity. Documents, photographs, and video recordings collected or generated by ERCOT, commission staff, or designated contractors during or related to the inspection will be treated as confidential information under applicable state or federal laws and regulations. ERCOT may require additional documentation from the resource or conduct its own verifications, as ERCOT deems necessary.(f) Complaint to commission. If a resource entity is not satisfied with ERCOT's determination of that resource entity's request under subsection (d) of this section, the resource entity may file a complaint under §22.251 of this title (relating to Review of Electric Reliability Council of Texas (ERCOT) Conduct).(g) Validity and revocation. An exemption may become invalid, or ERCOT may revoke or modify an exemption, under the circumstances listed in this subsection. ERCOT must notify the resource entity's interconnecting TSP of any changes to the status of an exemption.(1) Expiration. An exemption is valid for the period identified by ERCOT in granting the exemption or the period in the commission's order ruling on an exemption under §22.251 of this title. If an exemption expires, the resource entity may request an extension of the exemption, and ERCOT may grant an extension, provided that granting the extension does not result in a threshold reliability risk. ERCOT may develop procedures to implement this provision, including establishing extension request deadlines for a group of exemptions to a reliability requirement that will expire at the same time. ERCOT may request any information reasonable and necessary to evaluate a request under this paragraph.(2) Resource modification. An exemption is no longer valid if a modification described in this paragraph is made to the resource. After such a modification, the resource must meet the latest reliability requirements in the ERCOT protocols. (A) A modification that involves changing the inverter, turbine, generator, battery modules, or power converter associated with a facility with an aggregate real power rating of ten MW or greater, unless the replacement is in kind.(B) A modification that involves changing the specific equipment with the technical limitation, unless the replacement is in kind.(3) Revocation. An exemption or extension may be revoked or modified if an anticipated or actual system disturbance or a reliability study indicates that the resource's continued operation with the exemption or extension results in a threshold reliability risk. (A) If the exemption or extension was granted by ERCOT under this section, then the following provisions apply: (i) If ERCOT determines that it is necessary to revoke or modify an exemption or extension, it must inform the resource entity, the resource entity's interconnecting TSP, and the commission of its determination, in writing, and this notice must include a justification for the action. (ii) Before revoking or modifying an exemption or extension, ERCOT must make reasonable efforts as described under subsection (d)(2) of this section to find mutually acceptable mitigation solutions to avoid a threshold reliability risk. However, if necessary to ensure the reliability of the grid, ERCOT may temporarily suspend an exemption or extension, or impose temporary mitigation measures, pending its final decision under this subparagraph. (iii) After making reasonable efforts as described under subsection (d)(2) of this section, ERCOT must issue a final decision whether to revoke, modify, or continue the exemption or extension. If ERCOT revokes or modifies the exemption or extension, ERCOT must share the information required under subsection (d)(3) of this section with the resource entity, the resource entity's interconnecting TSP, and the commission, in writing, and give the resource entity a reasonable period in which to come into compliance with the reliability requirement or implement necessary mitigatory actions. (iv) If a resource entity is unsatisfied with ERCOT's final decision under this subparagraph, it may contest the decision by filing a complaint with the commission consistent with the procedure in subsection (f) of this section. For purposes of this clause, the resource entity's complaint will be treated like a complaint relating to a decision made by ERCOT under subsection (d) of this section. (B) If the exemption or extension was granted by the commission in response to a complaint filed under §22.251 of this title, the following provisions apply: (i) If an anticipated or actual system disturbance or a reliability study indicates that continued operation of a resource with an exemption or extension results in a threshold reliability risk, ERCOT may file a petition with the commission to revoke or modify the extension or exemption. ERCOT must provide notice of this petition to all of the parties in the proceeding in which the exemption or extension was granted by the commission. (ii) ERCOT may request interim relief during the pendency of the petition for good cause to ensure the reliability of the grid. ERCOT may temporarily suspend an exemption or extension, or impose temporary mitigation measures, for fifteen days or until the presiding officer rules on its request for interim relief, whichever is shorter. (iii) The commission may grant ERCOT's petition if doing so is in the public interest. In making its determination, the commission may consider any relevant information, including evidence of reliability risks or operational or economic impacts to the resource entity. (4) The commission may initiate a review of an exemption or extension on its own motion or in response to a filing by ERCOT.(h) Nothing in this section reduces or otherwise adversely affects ERCOT's authority to prudently operate the grid, regardless of whether a resource has been granted an exemption.", "sourceNote": "Source Note: The provisions of this §25.517 adopted to be\r\neffective July 10, 2025, 50 TexReg 3879." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227657", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "25", "label": "SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS" }, "subchapter": { "number": "S", "label": "WHOLESALE MARKETS" }, "rule": { "number": "§25.520", "label": "Firm Fuel Supply Service (FFSS)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to promote reliability through the procurement of FFSS for deployment during, or in preparation for, a natural gas curtailment or other fuel supply disruption during extreme cold weather conditions.(b) Definitions. The following words and terms, when used in this section, have the following meanings unless the context indicates otherwise:(1) Firm gas storage agreement--An agreement for firm off-site storage of natural gas, as the term is defined in ERCOT protocols. (2) Firm transportation agreement--An agreement for firm transportation of natural gas to a resource from an off-site storage facility, as the term is defined in ERCOT protocols.(3) FFSS obligation period--The period from November 15 through March 15 for which a procured resource is obligated to provide FFSS. (4) FFSS resource--A generation resource that ERCOT procures for FFSS.(5) Market clearing price--The dollar amount per megawatt (MW) that is awarded for an FFSS resource that ERCOT procures for an FFSS obligation period.(6) Non-procurement costs--The fuel restocking payments to FFSS resources following a deployment during the FFSS obligation period.(7) Offer cap--The maximum dollar amount per MW that a qualified scheduling entity (QSE) representing a resource may offer into the FFSS program for the applicable FFSS category. (8) Procurement costs--The standby payments to FFSS resources for an FFSS obligation period.(c) Resource requirements for FFSS eligibility. A resource that meets the requirements for one of the three FFSS categories under this subsection is eligible and may be selected by ERCOT in the procurement process to provide FFSS for an FFSS obligation period.(1) On-site FFSS category. An FFSS resource that provides on-site FFSS must successfully demonstrate dual fuel capability, have the ability to establish and burn an alternative on-site stored fuel, and have on-site fuel storage capability. (2) Resource-controlled FFSS category. An FFSS resource that provides resource-controlled FFSS must have an on-site natural gas or fuel oil storage capability or off-site natural gas storage where the resource or QSE owns and controls both the natural gas storage facility and the pipeline to deliver the required amount of reserved natural gas to the resource from the storage facility.(3) Contractual off-site FFSS category. An FFSS resource that provides contractual off-site FFSS must have a firm gas storage agreement with a storage provider for firm storage of the natural gas at the storage facility and have a firm transportation agreement with a natural gas pipeline that is a critical natural gas facility, as defined in §25.52 of this title (relating to Reliability and Continuity of Service) for firm transportation of the natural gas from the storage facility to the FFSS resource. The natural gas pipeline providing firm transportation of the natural gas from the storage facility to the FFSS resource must be:(A) subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act (15 U.S.C. §717 et seq);(B) an intrastate natural gas pipeline that is not operated by a gas utility, as defined in Title 3 of the Texas Utilities Code; or(C) an intrastate natural gas pipeline that is owned or operated by a gas utility, as defined in Title 3 of the Texas Utilities Code. An intrastate natural gas pipeline that is owned or operated by a gas utility must: (i) provide only transmission service in accordance with its gas utility tariff;(ii) certify that, if the gas utility reduces firm deliveries to customers pursuant to §7.455 of this title (relating to Curtailment Standards), the intrastate pipeline will have sufficient operational capacity, including sufficient pipeline pressure, to provide the volume of gas required for the transportation path between the storage facility and FFSS resource to provide continuous service in the event of a curtailment; and(iii) certify that the pipeline has not curtailed deliveries of gas, under §7.455 of this title or an order issued by the Railroad Commission of Texas, to a resource that was subject to a firm transportation agreement during a curtailment event that occurred after January 1, 2021.(d) FFSS procurement. ERCOT must procure FFSS ahead of each FFSS obligation period to help maintain reliability during, or in preparation for, a natural gas curtailment or other fuel supply disruption.(1) ERCOT may spend a maximum of $54 million in procurement costs during a single FFSS obligation period. ERCOT may reject an offer that a QSE submits on behalf of a resource if ERCOT determines that: (A) the offer is unreasonable;(B) the offer is an outlier when evaluating the parameters of an acceptable offer; (C) the offer exceeds the applicable offer cap;(D) ERCOT lacks a sufficient basis to verify whether the resource complied with ERCOT established performance standards in an event in which the resource was deployed by ERCOT during the preceding FFSS obligation period; (E) the QSE representing the resource fails to reserve sufficient fuel for the first deployment for the FFSS obligation period; or(F) the QSE representing the resource fails to reserve sufficient emissions allowances or credits to meet at least three deployments for the FFSS obligation period.(2) ERCOT must allocate a combined amount of at least 70% of the $54 million budget to procure resources under the on-site FFSS category and the resource-controlled FFSS category, unless insufficient offers were submitted for resources under those categories. If insufficient offers were submitted for resources under the on-site FFSS category and the resource-controlled FFSS category to allocate 70% of the budget to those resources, then ERCOT may reallocate the remainder of that portion of the budget to resources under the contractual off-site FFSS category.(e) Offer caps. Before the start of an FFSS obligation period, ERCOT must administratively set the offer cap for each category of eligible resources. The offer cap must be calculated as a function of maximum hours per deployment (hours), heat rate (MMBtu/MWh), and fuel price ($/MMBtu), using the following equation: Offer cap ($/MW) = hours * heat rate * fuel price(1) The fuel price for resources eligible to provide FFSS under the on-site FFSS category and the resource-controlled FFSS category must be based on the projected price of fuel oil for the upcoming FFSS obligation period.(2) The fuel price for resources eligible to provide FFSS under the contractual off-site FFSS category must be based on the projected price of natural gas for the upcoming FFSS obligation period.(3) ERCOT must establish a heat rate for each of the three categories of resources that are eligible to provide FFSS under subsection (c) of this section. The heat rate for each category must be based on the characteristics of the resources that are eligible to provide FFSS under that category.(f) FFSS program requirements. The following minimum requirements apply to the FFSS program.(1) An FFSS resource must be represented by a QSE.(2) ERCOT must establish qualifications for a QSE to represent an FFSS resource.(3) ERCOT must establish performance criteria for an FFSS resource and a QSE representing an FFSS resource.(4) An FFSS resource's offer must be submitted to ERCOT through a QSE representing the FFSS resource.(5) ERCOT may deploy FFSS as necessary throughout the FFSS obligation period. (6) When deployed by ERCOT, an FFSS resource must deploy consistent with its obligations and must remain deployed until the earlier of:(A) exhaustion of the fuel reserved to generate at the MW level and for the specified duration associated with the FFSS award, including any fuel that was restocked following approval or instruction by ERCOT;(B) the fuel supply disruption no longer exists; or(C) ERCOT determines the FFSS deployment is no longer needed.(7) ERCOT may limit the restocking of fuel to manage the overall cost of the service or for reliability needs.(8) ERCOT must develop protocols to establish procedures for testing FFSS resources.(g) FFSS payment and charges. (1) ERCOT must establish a single market clearing price mechanism for resources eligible to provide FFSS under the on-site FFSS category and the resource-controlled FFSS category. ERCOT must establish a separate market clearing price mechanism for resources eligible to provide FFSS under the contractual off-site FFSS category. (2) ERCOT must make a payment to each QSE representing an FFSS resource based on the appropriate market clearing price mechanism, subject to modifications determined by ERCOT based on the FFSS resource's availability during an FFSS obligation period and the FFSS resource's performance in a deployment event. (3) ERCOT must charge each load serving entity (LSE) for FFSS procurement costs based upon the LSE's load ratio share during the relevant FFSS obligation period. (4) Non-procurement costs may be charged to an LSE based on the LSE's load ratio share during the FFSS resource's deployment.(h) Compliance.(1) ERCOT must establish criteria to reduce a QSE's payment, claw back a QSE's payment, suspend a QSE from participation in FFSS, or any combination thereof, based on the QSE's failure to meet its FFSS obligation under this section or a related ERCOT protocol. ERCOT must also establish criteria for subsequent reinstatement. (2) ERCOT must establish criteria to suspend an FFSS resource based on noncompliance with this section or a related ERCOT protocol. ERCOT must also establish criteria for subsequent reinstatement. (3) ERCOT must notify the commission of all alleged instances of noncompliance with this section or a related ERCOT protocol. (4) ERCOT must maintain records relating to any alleged noncompliance with this section or a related ERCOT protocol.(i) Reporting. Prior to the start of each FFSS obligation period, ERCOT must publicly report the number and category of FFSS resources providing the service, the market clearing prices, the amount of reserved fuel associated with each FFSS award, the highest and lowest offers, the number of MW associated with each FFSS award, and the projected total cost to procure FFSS for that obligation period. (j) Implementation. ERCOT must develop, in consultation with commission staff, additional procedures, guides, technical requirements, protocols, or other standards that are consistent with this section and that ERCOT finds necessary to implement FFSS, including development of a standard FFSS agreement and specific performance guidelines.", "sourceNote": "Source Note: The provisions of this §25.520 adopted to be\r\neffective February 25, 2026, 51 TexReg 1113." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8431", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.1", "label": "Purpose and Scope of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8434", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mission of the Public Utility Commission of Texas (PUC). The mission of the PUC is to assure the availability of safe, reliable, high quality services that meet the needs of all Texans as just and reasonable rates. To accomplish this mission, the PUC shall regulate electric and telecommunications utilities as required while facilitating competition, operation of the free market, and customer choice.(b) This chapter is intended to establish a comprehensive system to accomplish the mission of the PUC and to establish the rights and responsibilities of both the utility service providers and the consumer. This chapter shall be given a fair and impartial construction to obtain these objectives and shall be applied uniformly regardless of race, nationality, color, religion, sex, or marital status.", "sourceNote": "Source Note: The provisions of this §26.1 adopted to be effective May 7, 1998, 23 TexReg 4260." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8434", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.3", "label": "Severability Clause" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83444", "queryAsDate": "03/11/2026" }, "ruleBody": "The adoption of this chapter will in no way preclude the Public Utility Commission of Texas from altering or amending any sections of this chapter in whole or in part, or from requiring any other or additional service, equipment, facility, or standard, either upon complaint or upon its own motion or upon application of any utility. Furthermore, this chapter will not relieve in any way a utility or customer from any of its duties under the laws of this state or the United States. If any provision of this chapter is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable. This chapter shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the commission or the substantive rights of any person. The commission may make exceptions to this chapter for good cause.", "sourceNote": "Source Note: The provisions of this §26.3 adopted to be effective May 7, 1998, 23 TexReg 4260." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83444", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.4", "label": "Statement of Nondiscrimination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215843", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No telecommunications provider shall discriminate on the basis of race, nationality, color, religion, sex, marital status, income level, or source of income.(b) No telecommunications provider shall unreasonably discriminate on the basis of geographic location.(c) Nothing in this section shall be construed to abridge the rights of low-income customers to receive benefits through pending or operating programs in effect as of May 25, 1999.", "sourceNote": "Source Note: The provisions of this §26.4 adopted to be effective May 7, 1998, 23 TexReg 4260; amended to be effective December 17, 2000, 25 TexReg 12383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215843", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.5", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "64072", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter have the following meanings, unless the context indicates otherwise:(1) Access customer--Any user of access services which are obtained from a certificated telecommunications utility (CTU). (2) Access services--CTU services which provide connections for or are related to the origination or termination of intrastate telecommunications services that are generally, but not limited to, interexchange services. (3) Administrative review--A process under which an application may be approved without a formal hearing. (4) Affected person--(A) a public utility affected by an action of a regulatory authority; (B) a person whose utility service or rates are affected by a proceeding before a regulatory authority; or (C) a person who: (i) is a competitor of a public utility with respect to a service performed by the utility; or (ii) wants to enter into competition with a public utility. (5) Affiliate--(A) a person who directly or indirectly owns or holds at least 5.0% of the voting securities of a public utility; (B) a person in a chain of successive ownership of at least 5.0% of the voting securities of a public utility; (C) a corporation that has at least 5.0% of its voting securities owned or controlled, directly or indirectly, by a public utility; (D) a corporation that has at least 5.0% of its voting securities owned or controlled, directly or indirectly, by: (i) a person who directly or indirectly owns or controls at least 5.0% of the voting securities of a public utility; or (ii) a person in a chain of successive ownership of at least 5.0% of the voting securities of a public utility; (E) a person who is an officer or director of a public utility or of a corporation in a chain of successive ownership of at least 5.0% of the voting securities of a public utility; or (F) a person determined to be an affiliate under Public Utility Regulatory Act §11.006. (6) Aggregate customer proprietary network information (CPNI)--A configuration of customer proprietary network information that has been collected by a telecommunications utility and organized such that none of the information will identify an individual customer. (7) Alternate 9-1-1 routing--The routing of 9-1-1 calls to a designated alternate location if all dedicated 9-1-1 trunks to a primary public safety answering point are busy or out of service. (8) Assumed name--Has the meaning assigned by Texas Business and Commerce Code, §36.10. (9) Automatic dial announcing device (ADAD)--Any automated equipment used for telephone solicitation or collection that: (A) is capable of storing numbers to be called, or has a random or sequential number generator capable of producing numbers to be called; and (B) alone or in conjunction with other equipment, can convey a prerecorded or synthesized voice message to the number called without the use of a live operator. (10) Automatic location identification (ALI)--The automatic display at a public safety answering point of a caller's telephone number, the address/location of the telephone number, and supplementary emergency services information for the location from which a call originates. (11) Automatic number identification (ANI)--The telephone number associated with an access line, connection, or station from which a call originates that is automatically transmitted by the local switching system to an interexchange or other communications carrier or to the operator of a 9-1-1 system. (12) Base rate area--A specific area within an exchange area, as set forth in the dominant certificated telecommunications utilities' tariffs, maps or descriptions, wherein local exchange service is furnished at uniform rates without extra mileage charges. (13) Basic local telecommunications service--Flat rate residential and business local exchange telephone service, including primary directory listings; tone dialing service; access to operator services; access to directory assistance services; access to 911 service where provided by a local authority or dual party relay service; the ability to report service problems seven days a week; lifeline services; and any other service the commission, after a hearing, determines should be included in basic local telecommunications service. (14) Basic network services (BNS)--Those services identified in Public Utility Regulatory Act §58.051. (15) Baud--Unit of signaling speed reflecting the number of discrete conditions or signal elements transmitted per second. (16) Bellcore--Bell Communications Research, Inc. (17) Billing agent--Any entity that submits charges to a billing telecommunications utility on behalf of itself or any service provider. (18) Billing telecommunications utility--Any telecommunications provider, as defined in the Public Utility Regulatory Act §51.002 that issues a bill directly to a customer for any telecommunications product or service. (19) Bit Error Ratio (BER)--The ratio of the number of bits received in error to the total number of bits transmitted in a given time interval. (20) Bit Rate--The rate at which data bits are transmitted over a communications path, normally expressed in bits per second. (21) Bona fide request--A written request to an incumbent local exchange company (ILEC) from a CTU or an enhanced service provider, requesting that the ILEC unbundle its network/services to the extent ordered by the Federal Communications Commission. A bona fide request indicates an intent to purchase the service subject to the purchaser being able to obtain acceptable rates, terms, and conditions. (22) Business service--A telecommunications service provided a customer where the use is primarily of a business, professional, institutional or otherwise occupational nature. (23) Busy hour--The clock hour each day during which the greatest usage occurs. (24) Busy season--That period of the year during which the greatest volume of traffic is handled in a switching office. (25) Call aggregator--Any person or entity that owns or otherwise controls telephones intended to be utilized by the public, which control is evidenced by the authority to post notices on and/or unblock access at the telephone. (26) Call splashing--Call transferring (whether caller-requested or operator service provider-initiated) that results in a call being rated and/or billed from a point different from that where the call originated. (27) Call transferring--Handing off a call from one operator service provider (OSP) to another OSP. (28) Caller identification materials (caller ID materials)--Any advertisements, educational materials, training materials, audio and video marketing devices, and any information disseminated about caller ID services. (29) Caller identification service (caller ID service)--A service offered by a telecommunications provider that provides calling party information to a device capable of displaying the information. (30) Calling area--The area within which telecommunications service is furnished to customers under a specific schedule of exchange rates. A \"local\" calling area may include more than one exchange area. (31) Calling party information--(A) the telephone listing number and/or name of the customer from whose telephone instrument a telephone number is dialed; or (B) other information that may be used to identify the specific originating number or originating location of a wire or electronic communication transmitted by a telephone instrument. (32) Capitalization--Long-term debt plus total equity. (33) Carrier of choice--An option that allows an individual to choose an interexchange carrier for long distance calls made through Telecommunications Relay Service. (34) Carrier-initiated change--A change in the telecommunications utility serving a customer that was initiated by the telecommunications utility to which the customer is changed, whether the switch is made because a customer did or did not respond to direct mail solicitation, telemarketing, or other actions initiated by the carrier. (35) Central office--A switching unit in a telecommunications system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting customer lines and trunks or trunks only. (36) Census block group (CBG)--A United States Census Bureau geographic designation that generally contains between 250 and 550 housing units. (37) Certificated service area--The geographic area within which a company has been authorized to provide basic local telecommunications services pursuant to a certificate of convenience and necessity (CCN), a certificate of operating authority (COA), or a service provider certificate of operating authority (SPCOA) issued by the commission. (38) Certificated telecommunications utility--A telecommunications utility that has been granted either a CCN, a COA, or a SPCOA. (39) Class of service or customer class--A description of utility service provided to a customer which denotes such characteristics as nature of use (business or residential) or type of rate (flat rate or message rate). Classes may be further subdivided into grades, denoting individual or multiparty line or denoting quality of service. (40) Commercial mobile radio service (CMRS)--(A) As defined in 47 C.F.R. §20.3, a mobile service that is: (i) provided for profit with, i.e., the intent of receiving compensation or monetary gain; (ii) an interconnected service; and (iii) available to the public, or to such classes of eligible users as to be effectively available to a substantial portion of the public; or (B) the functional equivalent of such a mobile service described in subparagraph (A) of this paragraph. (41) Commission--The Public Utility Commission of Texas. (42) Commission on State Emergency Communications (CSEC)--The state commission with the responsibilities and authority as specified in Texas Health and Safety Code, Chapter 771. (43) Competitive exchange service--Any of the following services, when provided on an inter- or intrastate basis within an exchange area: central office based PBX-type services for systems of 75 stations or more; billing and collection services; high speed private line services of 1.544 megabits or greater; customized services; private line and virtual private line services; resold or shared local exchange telephone services if permitted by tariff; dark fiber services; non-voice data transmission service when offered as a separate service and not as a component of basic local telecommunications service; dedicated or virtually dedicated access services; services for which a local exchange company has been granted authority to engage in pricing flexibility pursuant to §26.211 of this title (relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges); any service initially provided within an exchange after October 26, 1992, if first provided by an entity other than the incumbent local exchange company (companies) certificated to provide service within that exchange; and any other service the commission declares is not local exchange telephone service. (44) Competitive services (CS)--Those services as defined in Public Utility Regulatory Act §58.151, and any other service the commission subsequently categorizes as a competitive service. (45) Completed call--A call that is answered by the called party. (46) Complex service--The provision of a circuit requiring special treatment, special equipment, or special engineering design, including but not limited to private lines, WATS, PBX trunks, rotary lines, and special assemblies. (47) Consumer good or service--(A) Real property or tangible or intangible personal property that is normally used for personal, family, or household purposes, including personal property intended to be attached to or installed in any real property; (B) A cemetery lot; (C) A time-share estate; or (D) A service related to real or personal property. (48) Consumer telephone call--An unsolicited call made to a residential telephone number to: (A) solicit a sale of a consumer good or service; (B) solicit an extension of credit for a consumer good or service; or (C) obtain information that will or may be used to directly solicit a sale of a consumer good or service or to extend credit for the sale. (49) Cooperative--An incumbent local exchange company that is a cooperative corporation. (50) Cooperative corporation--(A) An electric cooperative corporation organized and operating under the Electric Cooperative Corporation Act, Texas Utilities Code Annotated, Chapter 161, or a predecessor statute to Chapter 161 and operating under that chapter; or (B) A telephone cooperative corporation organized under the Telephone Cooperative Act, Texas Utilities Code, Chapter 162, or a predecessor statute to Chapter 162 and operating under that chapter. (51) Corporate name--Has the meaning assigned by Texas Business Corporation Act, Article §2.05. (52) Corporation--A domestic or foreign corporation, joint-stock company, or association, and each lessee, assignee, trustee, receiver or other successor in interest of the corporation, company, or association, that has any of the powers or privileges of a corporation not possessed by an individual or partnership. The term does not include a municipal corporation, except as expressly provided by the Public Utility Regulatory Act. (53) Custom calling-type services--Call management services available from a central office switching system including, but not limited to, call forwarding, call waiting, caller ID, or automatic recall. (54) Customer access line--A unit of measurement representing a telecommunications circuit or, in the case of ISDN, a telecommunications channel designated for a particular customer. One customer access line shall be counted for each circuit which is capable of generating usage on the line side of the switched network or a private line circuit, regardless of the quantity or ownership of customer premises equipment connected to each circuit. In the case of multiparty lines, each party shall be counted as a separate customer access line. (55) Customer-initiated change--A change in the telecommunications utility serving a customer that is initiated by the customer and is not the result of direct mail solicitation, telemarketing, or other actions initiated by the carrier. (56) Customer premises equipment (CPE)--Telephone terminal equipment located at a customer's premises. This does not include overvoltage protection equipment, inside wiring, coin-operated (or pay) telephones, \"company-official\" equipment, mobile telephone equipment, \"911\" equipment, equipment necessary for provision of communications for national defense, or multiplexing equipment used to deliver multiple channels to the customer. (57) Customer proprietary network information (CPNI), customer-specific--Any information compiled about a customer by a telecommunications utility in the normal course of providing telephone service that identifies the customer by matching such information with the customer's name, address, or billing telephone number. This information includes, but is not limited to: line type(s), technical characteristics (e.g., rotary service), class of service, current telephone charges, long distance billing record, local service billing record, directory assistance charges, usage data, and calling patterns. (58) Customer trouble report--Any oral or written report from a customer or user of telecommunications service received by any telecommunications utility relating to a physical defect, difficulty, or dissatisfaction with the service provided by the telecommunications utility's facilities. Each telephone or PBX switchboard position reported in trouble shall be counted as a separate report when several items are reported by one customer at the same time, unless the group of troubles so reported is clearly related to a common cause. (59) dBrn--A unit used to express noise power relative to one Pico watt (-90 dBm). (60) dBrnC--Noise power in dBrn, measured with C-message weighting. (61) dBrnCO--Noise power in dBrnC referred to or measured at a zero transmission level point. (62) D-Channel--The integrated-services-digital-network out-of-band signaling channel. (63) Dedicated signaling transport--Transmission of out-of-band signaling information between an access customer's common channel signaling network and a CTU's signaling transport point on facilities dedicated to the use of a single customer. (64) Dedicated 9-1-1 trunk--Refers to either: (A) a single purpose telephone circuit, or Internet Protocol (IP) equivalent, that originates at a CTU's (CTU's) switching office or point of presence and connects to a port of termination at an E9-1-1 selective router, 9-1-1 tandem, IP-based 9-1-1 system, or next generation 9-1-1 system, as described to the CTU by the appropriate 9-1-1 administrative entity or entities in its 9-1-1 service arrangement requirements for each applicable rate center (direct dedicated 9-1-1 trunk); or (B) any other single purpose telephone circuit, or IP equivalent, that is used by a CTU to provide 9-1-1 service consistent with the 9-1-1 administrative entity's or entities' 9-1-1 service arrangement requirements that does not connect directly to a port of termination as described in subparagraph (A) of this paragraph (indirect dedicated 9-1-1 trunk). A direct dedicated 9-1-1 trunk includes transport, port usage, and termination. (65) Default routing--The capability to route a 9-1-1 call to a designated public safety answering point when the incoming 9-1-1 call cannot be selectively routed due to an automatic number identification failure or other cause. (66) Depreciation expenses--The charges based on the depreciation accrual rates designed to spread the cost recovery of the property over its economic life. (67) Deregulated company--An incumbent local exchange company (ILEC) for which all of the company's markets have been deregulated. (68) Direct-trunked transport--Transmission of traffic between the serving wire center and another CTU's office, without intermediate switching. It is charged on a flat-rate basis. (69) Disconnection of telephone service--The event after which a customer's telephone number is deleted from the central office switch and databases. (70) Discretionary services (DS)--Those services as defined in the Public Utility Regulatory Act §58.101, and any other service the commission subsequently categorizes as a discretionary service. (71) Distance learning--Instruction, learning, and training that is transmitted from one site to one or more sites by telecommunications services that are used by an educational institution predominantly for such instruction, learning, or training--including: video, data, voice, and electronic information. (72) Distribution lines--Those lines from which the end user may be provided direct service. (73) Dominant carrier--A provider of a communication service provided wholly or partly over a telephone system who the commission determines has sufficient market power in a telecommunications market to control prices for that service in that market in a manner adverse to the public interest. The term includes a provider who provided local exchange telephone service within certificated exchange areas on September 1, 1995, as to that service and as to any other service for which a competitive alternative is not available in a particular geographic market. In addition with respect to: (A) intraLATA long distance message telecommunications service originated by dialing the access code \"1-plus,\" the term includes a provider of local exchange telephone service in a certificated exchange area for whom the use of that access code for the origination of \"1-plus\" intraLATA calls in the exchange area is exclusive; and (B) interexchange services, the term does not include an interexchange carrier that is not a certificated local exchange company. (74) Dominant certificated telecommunications utility (DCTU)--A CTU that is also a dominant carrier. Unless clearly indicated otherwise, the rules applicable to a DCTU apply specifically to only those services for which the DCTU is dominant. (75) Dual-party relay service--A service using oral and printed translations, by either a person or an automated device, between hearing- or speech-impaired individuals who use telecommunications devices for the deaf, computers, or similar automated devices, and others who do not have such equipment. (76) Educational institution--Accredited primary or secondary schools owned or operated by state and local government entities or by private entities; institutions of higher education as defined by the Texas Education Code, §61.003(13); the Texas Education Agency, its successors and assigns; regional education service centers established and operated pursuant to the Texas Education Code, Chapter 8; and the Texas Higher Education Coordinating Board, its successors and assigns. (77) Electing local exchange company (LEC)--A CTU electing to be regulated under the terms of the Public Utility Regulatory Act, Chapter 58. (78) Electric utility--Except as provided in Chapter 25, Subchapter I, Division 1 of this title (relating to Open-Access Comparable Transmission Service for Electrical Utilities in the Electric Reliability Council of Texas), an electric utility is: A person or river authority that owns or operates for compensation in this state equipment or facilities to produce, generate, transmit, distribute, sell, or furnish electricity in this state. The term includes a lessee, trustee, or receiver of an electric utility and a recreational vehicle park owner who does not comply with Texas Utilities Code, Chapter 184, Subchapter C, with regard to the metered sale of electricity at the recreational vehicle park. The term does not include: (A) a municipal corporation; (B) a qualifying facility; (C) a power generation company; (D) an exempt wholesale generator; (E) a power marketer; (F) a corporation described by Public Utility Regulatory Act §32.053 to the extent the corporation sells electricity exclusively at wholesale and not to the ultimate consumer; (G) an electric cooperative; (H) a retail electric provider; (I) the state of Texas or an agency of the state; or (J) a person not otherwise an electric utility who: (i) furnishes an electric service or commodity only to itself, its employees, or its tenants as an incident of employment or tenancy, if that service or commodity is not resold to or used by others; (ii) owns or operates in this state equipment or facilities to produce, generate, transmit, distribute, sell or furnish electric energy to an electric utility, if the equipment or facilities are used primarily to produce and generate electric energy for consumption by that person; or (iii) owns or operates in this state a recreational vehicle park that provides metered electric service in accordance with Texas Utilities Code, Chapter 184, Subchapter C. (79) Element--Unbundled network elements, including: interconnection, physical-collocation, and virtual-collocation elements. (80) Eligible telecommunications provider (ETP) service area--The geographic area, determined by the commission, containing high cost rural areas which are eligible for Texas Universal Service Funds support under §26.403 or §26.404 of this title (relating to Texas High Cost Universal Service Plan (THCUSP) and Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan). (81) Embedded customer premises equipment--All customer premises equipment owned by a telecommunications utility, including inventory, which was tariffed or subject to the separations process of January 1, 1983. (82) Emergency service number (ESN)--A three to five digit number representing a unique combination of emergency service agencies designated to serve a specific range of addresses within a particular geographic area. The ESN facilitates any required selective routing and selective transfer to the appropriate public safety answering point and the dispatching of the proper service agencies. (83) Emergency service zone (ESZ)--A geographic area that has common law enforcement, fire, and emergency medical services personnel that respond to 9-1-1 calls. (84) End user choice--A system that allows the automatic routing of interexchange, operator-assisted calls to the billed party's chosen carrier without the use of access codes. (85) Enhanced service provider--A company that offers computer-based services over transmission facilities to provide the customer with value-added telephone services. (86) Entrance facilities--The transmission path between the access customer's (such as an interexchange carrier) point of demarcation and the serving wire center. (87) Equal access--Access which is equal in type, quality and price to Feature Group C, and which has unbundled rates. From an end user's perspective, equal access is characterized by the availability of \"1-plus\" dialing with the end user's carrier of choice. (88) Exchange area--The geographic territory delineated as an exchange area by official commission boundary maps. An exchange area usually embraces a city or town and its environs. There is usually a uniform set of charges for telecommunications service within the exchange area. An exchange area may be served by more than one central office and/or one certificated telephone utility. An exchange area may also be referred to as an exchange.(89) Exempt Carrier--A nondominant telecommunications utility that satisfies any of the criteria of PURA §52.154. (90) Expenses--Costs incurred in the provision of services that are expensed, rather than capitalized, in accordance with the Uniform System of Accounts applicable to the carrier. (91) Experimental service--A new service that is proposed to be offered on a temporary basis for a specified period not to exceed one year from the date the service is first provided to any customer. (92) Extended area service (EAS)--A telephone switching and trunking arrangement which provides for optional calling service by DCTUs within a local access and transport area and between two contiguous exchanges or between an exchange and a contiguous metropolitan exchange local calling area. For purposes of this definition, a metropolitan exchange local calling area shall include all exchanges having local or mandatory EAS calling throughout all portions of any of the following exchanges: Austin metropolitan exchange, Corpus Christi metropolitan exchange, Dallas metropolitan exchange, Fort Worth metropolitan exchange, Houston metropolitan exchange, San Antonio metropolitan exchange, or Waco metropolitan exchange. EAS is provided at rate increments in addition to local exchange rates, rather than at toll message charges. (93) Extended local calling service (ELCS)--Service provided pursuant to §26.219 and §26.221 of this title (relating to Administration of Expanded Local Calling Requests; and Applications to Establish or Increase Expanded Local Calling Service Surcharges). (94) E911 or E9-1-1--9-1-1 service that is capable of providing automatic number identification, automatic location identification, selective routing, and selective transfer. (95) Facilities--All the plant and equipment of a public utility, including all tangible and intangible real and personal property without limitation, and any and all means and instrumentalities in any manner owned, operated, leased, licensed, used, controlled, furnished, or supplied for, by, or in connection with the business of any public utility, including any construction work in progress allowed by the commission. (96) Facilities-based provider--A telecommunications provider that provides telecommunications services using facilities that it owns or leases or a combination of facilities that it owns and leases, including unbundled network elements. (97) Foreign exchange (FX)--Exchange service furnished by means of a circuit connecting a customer's station to a primary serving office of another exchange. (98) Foreign serving office (FSO)--Exchange service furnished by means of a circuit connecting a customer's station to a serving office of the same exchange but outside of the serving office area in which the station is located. (99) Forward-looking common costs--Economic costs efficiently incurred in providing a group of elements or services that cannot be attributed directly to individual elements or services. (100) Forward-looking economic cost--The sum of the total element long-run incremental cost of an element and a reasonable allocation of its forward-looking common costs. (101) Forward-looking economic cost per unit--The forward-looking economic cost of the element as defined in this section, divided by a reasonable projection of the sum of the total number of units of the element that the DCTU is likely to provide to requesting telecommunications carriers and the total number of units of the element that the DCTU is likely to use in offering its own services, during a reasonable time period. (102) Geographic scope--The geographic area in which the holder of a COA or of a SPCOA is authorized to provide service. (103) Grade of service--The number of customers a line is designated to serve. (104) Health Center--A federally qualified health center service delivery site. (105) Hearing--Any proceeding at which evidence is taken on the merits of the matters at issue, not including prehearing conferences. (106) Hearing carryover--A technology that allows an individual who is speech-impaired to hear the other party in a telephone conversation and to use specialized telecommunications devices to send communications through the telecommunications relay service operator. (107) High cost area--A geographic area for which the costs established using a forward-looking economic cost methodology exceed the benchmark levels established by the commission. (108) High cost assistance (HCA)--A program administered by the commission in accordance with the provisions of §26.403 of this title. (109) Identity--The name, address, telephone number, and/or facsimile number of a person, whether natural, partnership, municipal corporation, cooperative corporation, corporation, association, governmental subdivision, or state agency and the relationship of the person to the entity being represented. (110) Impulse noise--Any momentary occurrence of the noise on a channel significantly exceeding the normal noise peaks. It is evaluated by counting the number of occurrences that exceed a threshold. This noise degrades voice and data transmission. (111) Incumbent local exchange company (ILEC)--A local exchange company that had a CCN on September 1, 1995. (112) Informational notice--Notice that is filed in connection with nonbasic services, new service offerings, and pricing and packaging flexibility if required by Public Utility Regulatory Act Chapter 52, 58, or 59. (113) Information sharing program--Instruction, learning, and training that is transmitted from one site to one or more sites by telecommunications services that are used by a library predominantly for such instruction, learning, or training, including video, data, voice, and electronic information. (114) Integrated services digital network (ISDN)--A digital network architecture that provides a wide variety of communications services, a standard set of user-network messages, and integrated access to the network. Access methods to the ISDN are the Basic Rate Interface (BRI) and the Primary Rate Interface (PRI). (115) Interactive multimedia communications--Real-time, two-way, interactive voice, video, and data communications conducted over networks that link geographically dispersed locations. This definition includes interactive communications within or between buildings on the same campus or library site. (116) Intercept service--A service arrangement provided by the local exchange carrier whereby calls placed to a disconnected or discontinued telephone number are intercepted and the calling party is informed by an operator or by a recording that the called telephone number has been disconnected, discontinued, changed to another number, or otherwise is not in service. (117) Interconnection--Generally means: The point in a network where a customer's transmission facilities interface with the dominant carrier's network under the provisions of this section. More particularly it means: The termination of local traffic including basic telecommunications service as delineated in §26.403 of this title or integrated services digital network (ISDN) as defined in this section and/or EAS/ELCS traffic of a CTU using the local access lines of another CTU, as described in §26.272(d)(4)(A) of this title (relating to Interconnection). Interconnection shall include non-discriminatory access to signaling systems, databases, facilities and information as required to ensure interoperability of networks and efficient, timely provision of services to customers without permitting access to network proprietary information or customer proprietary network information, as defined in this section, unless otherwise permitted in §26.272 of this title. (118) Interconnector--A customer that interfaces with the dominant carrier's network under the provisions of §26.271 of this title (relating to Expanded Interconnection). (119) Interexchange carrier (IXC)--A carrier providing any means of transporting intrastate telecommunications messages between local exchanges, but not solely within local exchanges, in the State of Texas. The term may include a CTU or CTU affiliate to the extent that it is providing such service. An entity is not an IXC solely because of: (A) the furnishing, or furnishing and maintenance of a private system; (B) the manufacture, distribution, installation, or maintenance of customer premises equipment; (C) the provision of services authorized under the FCC's Public Mobile Radio Service and Rural Radio Service rules; or (D) the provision of shared tenant service. (120) Internet Protocol (IP)--A data communication protocol used in communicating data from one computer to another on the Internet or other networks. (121) Internet Protocol enabled service--A service, capability, functionality, or application that uses Internet Protocol or a successor protocol to allow an end user to send or receive a data, video, or voice communication in Internet Protocol or a successor protocol. (122) Interoffice trunks--Those communications circuits which connect central offices. (123) IntraLATA equal access--The ability of a caller to complete a toll call in a local access and transport area (LATA) using his or her provider of choice by dialing \"1\" or \"0\" plus an area code and telephone number. (124) Intrastate--Refers to communications which both originate and terminate within Texas state boundaries. (125) Least cost technology--The technology or mix of technologies that would be chosen in the long run as the most economically efficient choice. The choice of least cost technologies, however, shall: (A) be restricted to technologies that are currently available on the market and for which vendor prices can be obtained; (B) be consistent with the level of output necessary to satisfy current demand levels for all services using the basic network function in question; and (C) be consistent with overall network design and topology requirements. (126) License--The whole or part of any commission permit, certificate, approval, registration, or similar form of permission required by law. (127) Licensing--The commission process respecting the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. (128) Lifeline Service--A program certified by the Federal Communications Commission to provide for the reduction or waiver of the federal subscriber line charge for residential consumers. (129) Line--A circuit or channel extending from a central office to the customer's location to provide telecommunications service. One line may serve one customer, or all customers served by a multiparty line. (130) Local access and transport area (LATA)--A geographic area established for the provision and administration of communications service. It encompasses one or more designated exchanges, which are grouped to serve common social, economic and other purposes. For purposes of these rules, market areas, as used and defined in the Modified Final Judgment and the GTE Final Judgment, are encompassed in the term local access and transport area. (131) Local call--A call within the certificated telephone utility's toll-free calling area including calls which are made toll-free through a mandatory EAS or expanded local calling (ELC) proceeding. (132) Local calling area--The area within which telecommunications service is furnished to customers under a specific schedule of exchange rates. A local calling area may include more than one exchange area. (133) Local exchange carrier (LEC)--A telecommunications utility that has been granted either a certificate of convenience and necessity or a COA to provide local exchange telephone service, basic local telecommunications service, or switched access service within the state. A local exchange company is also referred to as a local exchange carrier. (134) Local exchange telephone service or local exchange service--A telecommunications service provided within an exchange to establish connections between customer premises within the exchange, including connections between a customer premises and a long distance provider serving the exchange. The term includes tone dialing service, service connection charges, and directory assistance services offered in connection with basic local telecommunications service and interconnection with other service providers. The term does not include the following services, whether offered on an intra-exchange or inter-exchange basis: (A) central office based PBX-type services for systems of 75 stations or more; (B) billing and collection services; (C) high-speed private line services of 1.544 megabits or greater; (D) customized services; (E) private line or virtual private line services; (F) resold or shared local exchange telephone services if permitted by tariff; (G) dark fiber services; (H) non-voice data transmission service offered as a separate service and not as a component of basic local telecommunications service; (I) dedicated or virtually dedicated access services;(J) a competitive exchange service; or (K) any other service the commission determines is not a \"local exchange telephone service.\" (135) Local message--A completed call between customer access lines located within the same local calling area. (136) Local message charge--The charge that applies for a completed telephone call that is made when the calling customer access line and the customer access line to which the connection is established are both within the same local calling area, and a local message charge is applicable. (137) Local service charge--The charge for furnishing facilities to enable a customer to send or receive telecommunications within the local calling area. This local calling area may include more than one exchange area. (138) Local telecommunications traffic--(A) Telecommunications traffic between a DCTU and a telecommunications carrier other than a commercial mobile radio service (CMRS) provider that originates and terminates within the mandatory single or multi-exchange local calling area of a DCTU including the mandatory EAS areas served by the DCTU; or (B) Telecommunications traffic between a DCTU and a CMRS provider that, at the beginning of the call, originates and terminates within the same major trading area. (139) Long distance telecommunications service--That part of the total communication service rendered by a telecommunications utility which is furnished between customers in different local calling areas in accordance with the rates and regulations specified in the utility's tariff. (140) Long run--A time period long enough to be consistent with the assumption that the company is in the planning stage and all of its inputs are variable and avoidable. (141) Long run incremental cost (LRIC)--The change in total costs of the company of producing an increment of output in the long run when the company uses least cost technology. The LRIC should exclude any costs that, in the long run, are not brought into existence as a direct result of the increment of output. (142) Mandatory minimum standards--The standards established by the Federal Communications Commission, outlining basic mandatory telecommunication relay services. (143) Market--An exchange in which an incumbent local exchange company provides residential local exchange telephone service. (144) Master street address guide (MSAG)--A database maintained by each 9-1-1 administrative entity of street names and house number ranges within their associated communities defining emergency service zones and their associated emergency service numbers to enable proper routing of 9-1-1 calls. (145) Meet point billing--An access billing arrangement for services to access customers when local transport is jointly provided by more than one CTU. (146) Message--A completed customer telephone call. (147) Message rate service--A form of local exchange service under which all originated local messages are measured and charged for in accordance with the utility's tariff. (148) Minor rate change--A change, including the restructuring of rates of existing services, that decreases the rates or revenues of the small local exchange company (SLEC) or that, together with any other rate or proposed or approved tariff changes in the 12 months preceding the date on which the proposed change will take effect, results in an increase of the SLEC's total regulated intrastate gross annual revenues by not more than 5.0%. Further, with regard to a change to a basic local access line rate, a minor change may not, together with any other change to that rate that went into effect during the 12 months preceding the proposed effective date of the proposed change, result in an increase of more than 50%. (149) Municipality--A city, incorporated village, or town, existing, created, or organized under the general, home rule, or special laws of the state. (150) National integrated services digital network (ISDN)--The standards and services promulgated for integrated services digital network by Bellcore. (151) Negotiating party--A CTU or other entity with which a requesting CTU seeks to interconnect in order to complete all telephone calls made by or placed to a customer of the requesting CTU. (152) Next generation 9-1-1 system (NG9-1-1 system)--A system of securely managed IP-based 9-1-1 networks and elements that augment and are capable of interoperating with present-day E9-1-1 features and functions and add new capabilities. NG9-1-1 may replace or complement the present E9-1-1 system. NG9-1-1 is designed to provide access to emergency services from all sources, and to provide multimedia data capabilities for public safety answering positions and other emergency service organizations. (153) New service--Any service not offered on a tariffed basis prior to the date of the application relating to such service and specifically excludes basic local telecommunications service including local measured service. If a proposed service could serve as an alternative or replacement for a service offered prior to the date of the new-service application and does not provide significant improvements (other than price) over, or significant additional services not available under, a service offered prior to the date of such application, it shall not be considered a new service. (154) Nonbasic services--Those services identified in Public Utility Regulatory Act §58.151, including any service reclassified by the commission pursuant to Public Utility Regulatory Act §58.024. (155) Non-discriminatory--Type of treatment that is not less favorable than that an interconnecting CTU provides to itself or its affiliates or other CTUs. (156) Non-dominant certificated telecommunications utility (NCTU)--A CTU that is not a DCTU and has been granted a CCN (after September 1, 1995, in an area already certificated to a DCTU), a COA, or a SPCOA to provide local exchange service. (157) Nondominant carrier--(A) An interexchange telecommunications carrier (including a reseller of interexchange telecommunications services). (B) Any of the following that is not a dominant carrier: (i) a specialized communications common carrier; (ii) any other reseller of communications; (iii) any other communications carrier that conveys, transmits, or receives communications in whole or in part over a telephone system; or (iv) a provider of operator services that is not also a subscriber. (C) A deregulated company that holds a COA. (158) North American Numbering Plan (NANP)--Use of 10-digit dialing in the format of a 3-digit \"NPA\" followed by a 3-digit \"NXX\" and a 4-digit line number, NPA-NXX-XXX. (159) Numbering plan area (NPA)--The first three digits of a ten-digit North American Numbering Plan (NANP) local telephone number uniquely identifying a Numbering Plan area. Generally referred to as the area code of a NANP telephone number. (160) NXX--A 3-digit code in which N is any digit 2 through 9 and X is any digit 0 through 9. Typically used in describing the \"Exchange Code\" fields of a North American Numbering Plan telephone number. (161) Open network architecture--The overall design of an ILEC's network facilities and services to permit all users of the network, including the enhanced services operations of an ILEC and its competitors, to interconnect to specific basic network functions on an unbundled and non-discriminatory basis. (162) Operator service--Any service using live operator or automated operator functions for the handling of telephone service, such as local collect, toll calling via collect, third number billing, credit card, and calling card services. The transmission of \"1-800\" and \"1-888\" numbers, where the called party has arranged to be billed, is not operator service. (163) Operator service provider (OSP)--Any person or entity that provides operator services by using either live or automated operator functions. When more than one entity is involved in processing an operator service call, the party setting the rates shall be considered to be the OSP. However, subscribers to customer-owned pay telephone service shall not be deemed to be OSPs. (164) Originating line screening (OLS)--A two digit code passed by the local switching system with the automatic number identification (ANI) at the beginning of a call that provides information about the originating line. (165) Out-of-service trouble report--An initial customer trouble report in which there is complete interruption of incoming or outgoing local exchange service. On multiple line services a failure of one central office line or a failure in common equipment affecting all lines is considered out of service. If an extension line failure does not result in the complete inability to receive or initiate calls, the report is not considered to be out of service. (166) P.01 grade of service--A standard of service quality intended to measure the probability (P), expressed as a decimal fraction, of a telephone call being blocked. P.01 is the grade of service reflecting the probability that one call out of one hundred during the average busy house will be blocked. (167) Packaged Service--The combination of any regulated service with any other regulated or unregulated service or with any service of an affiliate, offered to customers at a packaged rate or rates. (168) Partial deregulation--The ability of a cooperative to offer new services on an optional basis and/or change its rates and tariffs under the provisions of the Public Utility Regulatory Act, §§53.351 - 53.359. (169) Pay-per-call-information services--Services that allow a caller to dial a specified 1-900-XXX-XXXX or 976-XXXX number. Such services routinely deliver, for a predetermined (sometimes time-sensitive) fee, a pre-recorded or live message or interactive program. Usually a telecommunications utility will transport the call and bill the end-user on behalf of the information provider. (170) Pay telephone access service (PTAS)--A service offered by a CTU which provides a two-way, or optionally, a one-way originating-only business access line composed of the serving central office line equipment, all outside plant facilities needed to connect the serving central office with the customer premises, and the network interface; this service is sold to pay telephone service providers. (171) Pay telephone service (PTS)--A telecommunications service utilizing any coin, coinless, credit card reader, or cordless instrument that can be used by members of the general public, or business patrons, employees, and/or visitors of the premises' owner, provided that the end user pays for local or toll calls from such instrument on a per call basis. Pay per call telephone service provided to inmates of confinement facilities is PTS. For purposes of this section, coinless telephones provided in guest rooms by a hotel/motel are not pay telephones. A telephone that is primarily used by business patrons, employees, and/or visitors of the premises' owner is not a pay telephone if all local calls and \"1-800\" and \"1-888\" type calls from such telephone are free to the end user. (172) Per-call blocking--A telecommunications service provided by a telecommunications provider that prevents the transmission of calling party information to a called party on a call-by-call basis. (173) Per-line blocking--A telecommunications service provided by a telecommunications utility that prevents the transmission of calling party information to a called party on every call, unless the calling party acts affirmatively to release calling party information. (174) Percent interstate usage (PIU)--An access customer-specific ratio or ratios determined by dividing interstate access minutes by total access minutes. The specific ratio shall be determined by the CTU unless the CTU's network is incapable of determining the jurisdiction of the access minutes. A PIU establishes the jurisdiction of switched access usage for determining rates charged to switched access customers and affects the allocation of switched access revenue and costs by CTUs between the interstate and intrastate jurisdictions. (175) Person--Any natural person, partnership, municipal corporation, cooperative corporation, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. (176) Pleading--A written document submitted by a party, or a person seeking to participate in a proceeding, setting forth allegations of fact, claims, requests for relief, legal argument, and/or other matters relating to a proceeding. (177) Prepaid local telephone service (PLTS)--Prepaid local telephone service means: (A) voice grade dial tone residential service consisting of flat rate service or local measured service, if chosen by the customer and offered by the DCTU; (B) if applicable, mandatory services, including EAS, extended metropolitan service, or ELCS; (C) tone dialing service; (D) access to 911 service; (E) access to dual party relay service; (F) the ability to report service problems seven days a week; (G) access to business office;(H) primary directory listing; (I) toll blocking service; and (J) non-published service and non-listed service at the customer's option. (178) Premises--A tract of land or real estate including buildings and other appurtenances thereon. (179) Pricing flexibility--Discounts and other forms of pricing flexibility may not be preferential, prejudicial, or discriminatory. Pricing flexibility includes: (A) customer specific contracts; (B) volume, term, and discount pricing; (C) zone density pricing, with zone to be defined as an exchange; (D) packaging of services; and (E) other promotional pricing flexibility. (180) Primary interexchange carrier (PIC)--The provider chosen by a customer to carry that customer's toll calls. (181) Primary interexchange carrier (PIC) freeze indicator--An indicator that the end user has directed the CTU to make no changes in the end user's PIC. (182) Primary rate interface (PRI) integrated services digital network (ISDN)--One of the access methods to ISDN, the 1.544-Mbps PRI comprises either twenty-three 64 Kbps B-channels and one 64 Kbps D-channel (23B+D) or twenty-four 64 Kbps B-channels (24B) when the associated call signaling is provided by another PRI in the group. (183) Primary service--The initial provision of voice grade access between the customer's premises and the switched telecommunications network. This includes the initial connection to a new customer or the move of an existing customer to a new premises but does not include complex services. (184) Print translations--The temporary storage of a message in an operator's screen during the actual process of relaying a conversation. (185) Privacy issue--An issue that arises when a telecommunications provider proposes to offer a new telecommunications service or feature that would result in a change in the outflow of information about a customer. The term privacy issue is to be construed broadly. It includes, but is not limited to, changes in the following: (A) the type of information about a customer that is released; (B) the customers about whom information is released; (C) the entity or entities to whom the information about a customer is released; (D) the technology used to convey the information; (E) the time at which the information is conveyed; and (F) any other change in the collection, use, storage, or release of information. (186) Private line--A transmission path that is dedicated to a customer and that is not connected to a switching facility of a telecommunications utility, except that a dedicated transmission path between switching facilities of interexchange carriers shall be considered a private line. (187) Proceeding--A hearing, investigation, inquiry, or other procedure for finding facts or making a decision. The term includes a denial of relief or dismissal of a complaint. It may be rulemaking or non-rulemaking; rate setting or non-rate setting. (188) Promotional rate--A temporary tariff, fare, toll, rental or other compensation charged by a certificated telecommunications utility (CTU) to new or new and existing customers and designed to induce customers to test a service. A promotional rate shall incorporate a reduction or a waiver of some rate element in the tariffed rates of the service, or a reduction or waiver of the service's installation charge and/or service connection charges, and shall not incorporate any charge for discontinuance of the service by the customer. Such rates may not be offered for basic local telecommunications service, including local measured service. (189) Promotional Service--A service offered to customers at a promotional rate or rates. (190) Provider of pay telephone service--The entity that purchases PTAS from a CTU and registers with the Public Utility Commission as a provider of PTS to end users.(191) Public safety answering point (PSAP)--A continuously operated communications facility established or authorized by local government authorities that answers 9-1-1 calls originating within a given service area, as further defined in Texas Health and Safety Code Chapters 771 and 772. The term includes an emergency communications center.(192) Public utility or utility--A person or river authority that owns or operates for compensation in this state equipment or facilities to convey, transmit, or receive communications over a telephone system as a dominant carrier. The term includes a lessee, trustee, or receiver of any of those entities, or a combination of those entities. The term does not include a municipal corporation. A person is not a public utility solely because the person: (A) furnishes or furnishes and maintains a private system; (B) manufactures, distributes, installs, or maintains customer premises communications equipment and accessories; or (C) furnishes a telecommunications service or commodity only to itself, its employees, or its tenants as an incident of employment or tenancy, if that service or commodity is not resold to or used by others. (193) Public Utility Regulatory Act (PURA)--The enabling statute for the Public Utility Commission of Texas, located in the Texas Utilities Code Annotated, §§11.001 - 66.016 (West 2007, Supplement 2013). (194) Qualifying low-income consumer--A consumer that participates in one of the following programs: Medicaid, food stamps, Supplemental Security Income, federal public housing assistance, or Low-Income Home Energy Assistance Program. (195) Qualifying services--(A) residential flat rate basic local exchange service; (B) residential local exchange access service; and (C) residential local area calling usage. (196) Rate--Includes: (A) any compensation, tariff, charge, fare, toll, rental, or classification that is directly or indirectly demanded, observed, charged, or collected by a public utility for a service, product, or commodity, described in the definition of utility in the Public Utility Regulatory Act §31.002 or §51.002; and (B) a rule, practice, or contract affecting the compensation, tariff, charge, fare, toll, rental, or classification. (197) Reciprocal compensation--An arrangement between two carriers in which each of the two carriers receives compensation from the other carrier for the transport and termination on each carrier's network facilities of local telecommunications traffic that originates on the network facilities of the other carrier. (198) Reclassification area--The geographic area within the electing ILEC's territory, consisting of one or more exchange areas, for which it seeks reclassification of a service. (199) Redirect the call--A procedure used by operator service providers (OSPs) that transmits a signal back to the originating telephone instrument that causes the instrument to disconnect the OSP's connection and to redial the digits originally dialed by the caller directly to the local exchange carrier's network. (200) Regional planning commission--The meaning established in Texas Health and Safety Code §771.001(10). (201) Regulatory authority--In accordance with the context where it is found, either the commission or the governing body of a municipality. (202) Relay Texas Advisory Committee (RTAC)--The committee authorized by the Public Utility Regulatory Act, §56.110 and 1997 Texas General Laws Chapter 149. (203) Relay Texas--The name by which telecommunications relay service in Texas is known. (204) Relay Texas administrator--The individual employed by the commission to oversee the administration of statewide telecommunications relay service. (205) Repeated trouble report--A customer trouble report regarding a specific line or circuit occurring within 30 days or one calendar month of a previously cleared trouble report on the same line or circuit. (206) Residual charge--The per-minute charge designed to account for historical contribution to joint and common costs made by switched transport services. (207) Retail service--A telecommunications service is considered a retail service when it is provided to residential or business end users and the use of the service is other than resale. Each tariffed or contract offering which a customer may purchase to the exclusion of other offerings shall be considered a service. For example: the various mileage bands for standard toll services are rate elements, not services; however, individual optional calling plans that can be purchased individually and which are offered as alternatives to each other are services, not rate elements. (208) Return-on-assets--After-tax net operating income divided by total assets. (209) Reversal of partial deregulation--The ability of a minimum of 10% of the members of a partially deregulated cooperative to request, in writing, that a vote be conducted to determine whether members prefer to reverse partial deregulation. Ten percent shall be calculated based upon the total number of members of record as of the calendar month preceding receipt of the request from members for reversal of partial deregulation. (210) Rule--A statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the commission. The term includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management or organization of the commission and not affecting private rights or procedures. (211) Rulemaking proceeding--A proceeding conducted pursuant to the Administrative Procedure Act, Texas Government Code, Chapter 2001, Subchapter B, to adopt, amend, or repeal a commission rule. (212) Rural incumbent local exchange company (ILEC)--An ILEC that qualifies as a \"rural telephone company\" as defined in 47 United States Code §3(37) and/or 47 United States Code §251(f)(2). (213) Selective routing--The feature provided with 9-1-1 or 311 service by which 9-1-1 or 311 calls are automatically directed to the appropriate answering point for serving the location from which the call originates. (214) Selective transfer--A public safety answering point initiating the routing of a 9-1-1 call to a response agency by operation of one of several buttons typically designated as police, fire, and emergency medical, based on the emergency service number of the caller. (215) Separation--The division of plant, revenues, expenses, taxes, and reserves applicable to exchange or local service if these items are used in common to provide public utility service to both local exchange telephone service and other service, such as interstate or intrastate toll service. (216) Service--Has its broadest and most inclusive meaning. The term includes any act performed, anything supplied, and any facilities used or supplied by a public utility in the performance of the utility's duties under the Public Utility Regulatory Act to its patrons, employees, other public utilities, and the public. The term also includes the interchange or facilities between two or more public utilities. The term does not include the printing, distribution, or sale of advertising in a telephone directory. (217) Service connection charge--A charge designed to recover the costs of non-recurring activities associated with connection of local exchange telephone service. (218) Service order system--The system used by a telecommunications provider that, among other functions, tracks customer service requests and billing data. (219) Service provider--Any entity that offers a product or service to a customer and that directly or indirectly charges to or collects from a customer's bill an amount for the product or service on a customer's bill received from a billing telecommunications utility. (220) Service provider certificate of operating authority (SPCOA) reseller--A holder of a service provider certificate of operating authority that uses only resold telecommunications services provided by an ILEC or by a COA holder or by a SPCOA holder. (221) Service restoral charge--A charge applied by the DCTU to restore service to a customer's telephone line after it has been suspended by the DCTU. (222) Serving wire center (SWC)--The CTU designated central office which serves the access customer's point of demarcation. (223) Signaling for tandem switching--The carrier identification code (CIC) and the OZZ code or equivalent information needed to perform tandem switching functions. The CIC identifies the interexchange carrier and the OZZ digits identify the call type and thus the interexchange carrier trunk to which traffic should be routed. (224) Small certificated telecommunications utility (CTU)--A CTU with fewer than 2.0% of the nation's subscriber lines installed in the aggregate nationwide.(225) Small local exchange company (SLEC)--Any incumbent CTU as of September 1, 1995, that has fewer than 31,000 access lines in service in this state, including the access lines of all affiliated incumbent local exchange companies within the state, or a telephone cooperative organized pursuant to the Telephone Cooperative Act, Texas Utilities Code Annotated, Chapter 162. (226) Small incumbent local exchange company (Small ILEC)--An ILEC that is a cooperative corporation or has, together with all affiliated ILECs, fewer than 31,000 access lines in service in Texas. (227) Spanish speaking person--A person who speaks any dialect of the Spanish language exclusively or as their primary language. (228) Special access--A transmission path connecting customer designated premises to each other either directly or through a hub or hubs where bridging, multiplexing or network reconfiguration service functions are performed and includes all exchange access not requiring switching performed by the dominant carrier's end office switches. (229) Specialized Telecommunications Assistance Program (STAP)--The program described in §26.415 of this title (relating to Specialized Telecommunications Assistance Program (STAP)). (230) Specialized Telecommunications Assistance Program (STAP) voucher--A voucher issued by the Texas Department of Assistive and Rehabilitative Services under the equipment distribution program, in accordance with its rules, that an eligible individual may use to acquire eligible specialized telecommunications devices from a vendor of such equipment. (231) Stand-alone costs--The stand-alone costs of an element or service are defined as the forward-looking costs that an efficient entrant would incur in providing only that element or service. (232) Station--A telephone instrument or other terminal device. (233) Study area--An incumbent local exchange company's (ILEC's) existing service area in a given state. (234) Supplemental services--Telecommunications features or services offered by a CTU for which analogous services or products may be available to the customer from a source other than a DCTU. Supplemental services shall not be construed to include optional extended area calling plans that a DCTU may offer pursuant to §26.217 of this title (relating to Administration of Extended Area Service (EAS) Requests), or pursuant to a final order of the commission in a proceeding pursuant to the Public Utility Regulatory Act, Chapter 53. (235) Suspension of service--That period during which the customer's telephone line does not have dial tone but the customer's telephone number is not deleted from the central office switch and databases. (236) Switched access--Access service that is provided by CTUs to access customers and that requires the use of CTU network switching or common line facilities generally, but not necessarily, for the origination or termination of interexchange calls. Switched access includes all forms of transport provided by the CTU over which switched access traffic is delivered. (237) Switched access demand--Switched access minutes of use, or other appropriate measure where not billed on a minute of use basis, for each switched access rate element, normalized for out of period billings. For the purposes of this section, switched access demand shall include minutes of use billed for the local switching rate element. (238) Switched access minutes--The measured or assumed duration of time that a CTU's network facilities are used by access customers. Access minutes are measured for the purpose of calculating access charges applicable to access customers. (239) Switched transport--Transmission between a CTU's central office (including tandem-switching offices) and an interexchange carrier's point of presence. (240) Tandem-switched transport--Transmission of traffic between the serving wire center and another CTU office that is switched at a tandem switch and charged on a usage basis. (241) Tariff--The schedule of a utility containing all rates, tolls, and charges stated separately by type or kind of service and the customer class, and the rules and regulations of the utility stated separately by type or kind of service and the customer class. (242) Telecommunications provider--As defined in the Public Utility Regulatory Act §51.002(10). (243) Telecommunications relay service (TRS)--A service using oral and print translations by either live or automated means between individuals who are hearing-impaired or speech-impaired who use specialized telecommunications devices and others who do not have such devices. Unless specified in the text, this term shall refer to intrastate telecommunications relay service only. (244) Telecommunications relay service (TRS) carrier--The telecommunications carrier selected by the commission to provide statewide telecommunications relay service. (245) Telecommunications utility--(A) a public utility; (B) an interexchange telecommunications carrier, including a reseller of interexchange telecommunications services; (C) a specialized communications common carrier; (D) a reseller of communications; (E) a communications carrier who conveys, transmits, or receives communications wholly or partly over a telephone system; (F) a provider of operator services as defined by §55.081, unless the provider is a subscriber to customer-owned PTS; and (G) a separated affiliate or an electronic publishing joint venture as defined in the Public Utility Regulatory Act, Chapter 63. (246) Telephones intended to be utilized by the public--Telephones that are accessible to the public, including, but not limited to, pay telephones, telephones in guest rooms and common areas of hotels, motels, or other lodging locations, and telephones in hospital patient rooms. (247) Telephone solicitation--An unsolicited telephone call. (248) Telephone solicitor--A person who makes or causes to be made a consumer telephone call, including a call made by an automatic dialing/announcing device. (249) Test year--The most recent 12 months, beginning on the first day of a calendar or fiscal year quarter, for which operating data for a public utility are available. (250) Texas Universal Service Fund (TUSF)--The fund authorized by the Public Utility Regulatory Act, §56.021 and 1997 Texas General Laws Chapter 149. (251) Tier 1 local exchange company--A local exchange company with annual regulated operating revenues exceeding $100 million. (252) Title IV-D Agency--The office of the attorney general for the state of Texas. (253) Toll blocking--A service provided by telecommunications carriers that lets consumers elect not to allow the completion of outgoing toll calls from their telecommunications channel. (254) Toll control--A service provided by telecommunications carriers that allows consumers to specify a certain amount of toll usage that may be incurred on their telecommunications channel per month or per billing cycle. (255) Toll limitation--Denotes both toll blocking and toll control. (256) Total element long-run incremental cost (TELRIC)--The forward-looking cost over the long run of the total quantity of the facilities and functions that are directly attributable to, or reasonably identifiable as incremental to, such element, calculated taking as a given the CTU's provision of other elements. (257) Transitioning company--An incumbent local exchange company for which at least one, but not all, of the company's markets has been deregulated. (258) Transport--The transmission and/or any necessary tandem and/or switching of local telecommunications traffic from the interconnection point between the two carriers to the terminating carrier's end office switch that directly serves the called party, or equivalent facility provided by a carrier other than a DCTU. (259) Trunk--A circuit facility connecting two switching systems. (260) Two-primary interexchange carrier (Two-PIC) equal access--A method that allows a telephone subscriber to select one carrier for all 1+ and 0+ interLATA calls and the same or a different carrier for all 1+ and 0+ intraLATA calls. (261) Unauthorized charge--Any charge on a customer's telephone bill that was not consented to or verified in compliance with §26.32 of this title (relating to Protection Against Unauthorized Billing Charges (\"Cramming\")). (262) Unbundling--The disaggregation of the ILEC's network/service to make available the individual network functions or features or rate elements used in providing an existing service. (263) Unit cost--A cost per unit of output calculated by dividing the total long run incremental cost of production by the total number of units. (264) Usage sensitive blocking--Blocking of a customer's access to services which are charged on a usage sensitive basis for completed calls. Such calls shall include, but not be limited to, call return, call trace, and auto redial. (265) Virtual private line--Circuits or bandwidths, between fixed locations, that are available on demand and that can be dynamically allocated. (266) Voice carryover--A technology that allows an individual who is hearing-impaired to speak directly to the other party in a telephone conversation and to use specialized telecommunications devices to receive communications through the telecommunications relay service operator. (267) Voice over Internet Protocol (VoIP)--The technology used to transmit voice communications using Internet Protocol. (268) Voice over Internet Protocol service--A service that: (A) uses Internet Protocol or a successor protocol to enable a real-time, two-way voice communication that originates from or terminates to the user's location in Internet Protocol or a successor protocol; (B) requires a broadband connection from the user's location; and (C) permits a user generally to receive a call that originates on the public switched telephone network and to terminate a call to the public switched telephone network. (269) Volume insensitive costs--The costs of providing a basic network function (BNF) that do not vary with the volume of output of the services that use the BNF. (270) Volume sensitive costs--The costs of providing a basic network function (BNF) that vary with the volume of output of the services that use the BNF. (271) Wireless provider--A provider that: (A) provides commercial mobile radio service as defined in paragraph (40) of this section; or (B) utilizes fixed wireless technology to provide local exchange service. (272) Wholesale service--A telecommunications service is considered a wholesale service when it is provided to a telecommunications utility and the use of the service is to provide a retail service to residence or business end-user customers. (273) Working capital requirements--The additional capital required to fund the increased level of accounts receivable necessary to provide telecommunications service. (274) \"0-\" call--A call made by the caller dialing the digit \"0\" and no other digits within five seconds. A \"0-\" call may be made after a digit (or digits) to access the local network is (are) dialed. (275) \"0+\" call--A call made by the caller dialing the digit \"0\" followed by the terminating telephone number. On some automated call equipment, a digit or digits may be dialed between the \"0\" and the terminating telephone number. (276) 311 answering point--A communications facility that: (A) is operated, at a minimum, during normal business hours; (B) is assigned the responsibility to receive 311 calls and, as appropriate, to dispatch the non-emergency police or other governmental services, or to transfer or relay 311 calls to the governmental entity; (C) is the first point of reception by a governmental entity of a 311 call; and (D) serves the jurisdictions in which it is located or other participating jurisdictions. (277) 311 service--A telecommunications service provided by a certificated telecommunications provider through which the end user of a public telephone system has the ability to reach non-emergency police and other governmental services by dialing the digits 3-1-1. 311 service must contain the selective routing feature or other equivalent state-of-the-art feature. (278) 311 service request--A written request from a governmental entity to a CTU requesting the provision of 311 service. A 311 service request must: (A) be in writing; (B) contain an outline of the program the governmental entity will pursue to adequately educate the public on the 311 service; (C) contain an outline from the governmental entity for implementation of 311 service; (D) contain a description of the likely source of funding for the 311 service (i.e., from general revenues, special appropriations, etc.); and(E) contain a listing of the specific departments or agencies of the governmental entity that will actually provide the non-emergency police and other governmental services. (279) 311 system--A system of processing 311 calls. (280) 9-1-1 administrative entity--A regional planning commission as defined in Texas Health and Safety Code §771.001(10) or an emergency communication district as defined in Texas Health and Safety Code §771.001(3). (281) 9-1-1 database management services provider--An entity designated by a 9-1-1 administrative entity to provide 9-1-1 database management services that support the provision of 9-1-1 services. (282) 9-1-1 database services--Services purchased by a 9-1-1 administrative entity that accepts, processes, and validates subscriber record information of telecommunications providers for purposes of selective routing and automatic location identification, and that may also provide statistical performance measures. (283) 9-1-1 network services--Services purchased by a 9-1-1 administrative entity that routes 9-1-1 calls from an E9-1-1 selective router, 9-1-1 tandem, next generation 9-1-1 system, Internet Protocol-based 9-1-1 system or its equivalent to public safety answering points or a public safety answering point network. (284) 9-1-1 network services provider--A CTU designated by the appropriate 9-1-1 administrative entity to provide 9-1-1 network services in a designated area. (285) 911 system--A system of processing emergency 911 calls, as defined in Texas Health and Safety Code §772.001, as may be subsequently amended. (286) 9-1-1 selective routing tandem switch--A switch located in a telephone central office that is equipped to accept, process, and route 9-1-1 calls to a predetermined, specific location. Also known as E9-1-1 control office or E9-1-1 selective router. (287) 9-1-1 service--As defined in Texas Health and Safety Code §771.001(6) and §772.001(6). (288) 9-1-1 service agreement--A contract addressing the 9-1-1 service arrangements for a local area that the appropriate 9-1-1 administrative entity enters into. (289) 9-1-1 service arrangement--Each particular arrangement for 9-1-1 emergency service specified by the appropriate 9-1-1 administrative entity for the relevant rate centers within its jurisdictional area and that is subject to a 9-1-1 service agreement.", "sourceNote": "Source Note: The provisions of this §26.5 adopted to be effective September 16, 1998, 23 TexReg 9322; amended to be effective March 28, 1999, 24 TexReg 2006; amended to be effective April 19, 1999, 24 TexReg 3068; amended to be effective August 10, 1999, 24 TexReg 6035; amended to be effective November 18, 1999, 24 TexReg 10052; amended to be effective October 23, 2000, 25 TexReg 10516; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective November 14, 2010, 35 TexReg 9871; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "64072", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.6", "label": "Cost of Copies of Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "62567", "queryAsDate": "03/11/2026" }, "ruleBody": "The rules set forth in 1 TAC §§111.61-111.70 (relating to Costs of Copies of Public Information) will apply to copies of public records made at the commission.", "sourceNote": "Source Note: The provisions of this §26.6 adopted to be effective May 27, 1999, 24 TexReg 3858." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "62567", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.7", "label": "Local Exchange Company Assessment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=127626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "127626", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Amount of assessment. Each local exchange company subject to the jurisdiction of the commission shall pay an annual per-access-line assessment. The commission shall establish the assessment rate annually according to projected Public Utility Commission and Office of Public Utility Counsel expenditures for the current fiscal year related to implementation of the provisions of the Public Utility Regulatory Act (PURA) §52.060 and §53.308, divided by total industry access lines. The assessment shall be based upon access lines in existence during the preceding calendar year.(b) Notice of assessment. Each year the commission shall calculate the assessment due from each local exchange company and so advise each company. The commission shall also advise companies of the address to which payments should be made and any identification or markings necessary for the payment to be properly credited.(c) Payment of assessment. All assessments required by this section shall be due and payable to the State of Texas on or before December 10th of each year.", "sourceNote": "Source Note: The provisions of this §26.7 adopted to be effective February 18, 1999, 24 TexReg 940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=127626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "127626", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.9", "label": "Classification System for Violations of Statutes, Rules, and Orders Applicable to Telecommunications Service Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83657", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this rule is to establish a classification system for violations of certain provisions of the Business and Commerce Code, the Public Utility Regulatory Act (PURA), and related commission rules and orders, and to establish a range of penalties that may be assessed for each class of violations.(b) Classification system.(1) Class C violations.(A) Penalties for Class C violations may not exceed $1,000 per violation per day.(B) The following violations are Class C violations:(i) Failure to file a report or provide information required to be submitted to the commission under this chapter within the timeline required;(ii) Failure by a certificated telecommunications utility to investigate a complaint by a customer and appropriately report the results within the timeline required;(iii) Failure to update information relating to a registration or certificate by the commission within the timeline required;(iv) Failure to comply with the requirements for the use and permitting of an automatic dial announcing device (ADAD); and(v) A violation of the Texas no-call list.(2) Class B violations.(A) Penalties for Class B violations may not exceed $5,000 per violation per day.(B) All violations not specifically enumerated as a Class C or Class A violation shall be considered Class B violations.(3) Class A violations.(A) Penalties for Class A violations may not exceed $25,000 per violation per day.(B) The following types of violations are Class A violations if they create economic harm in excess of $5,000 to a person or persons, property, or the environment, or create an economic benefit to the violator in excess of $5,000; create a hazard or potential hazard to the health or safety of the public; or cause a risk to the reliability of the telecommunications network or a portion thereof.(i) A violation related to service quality, service objectives, or performance benchmarks;(ii) A violation related to prohibited discrimination in the provision of telecommunications service;(iii) A violation related to prohibited discrimination by a cable service provider or video service provider that has been granted a state-issued certificate of franchise authority;(iv) Engaging in acts that adversely affect the integrity of the state's 9-1-1 system relating to network interoperability, service quality standards and database integrity standards;(v) A violation relating to improper suspension or disconnection of a customer;(vi) A violation related to fraudulent, unfair, misleading, deceptive, or anticompetitive business practices;(vii) Conducting business subject to the jurisdiction of the commission without proper commission authorization, registration, licensing, or certification;(viii) A violation not otherwise enumerated in this paragraph (3)(B) of this subsection that creates a hazard or potential hazard to the health or safety of the public;(ix) A violation not otherwise enumerated in this paragraph (3)(B) of this subsection that creates economic harm to a person or persons, property, or the environment in excess of $5,000, or creates an economic benefit to the violator in excess of $5,000; and(x) A violation not otherwise enumerated in this paragraph (3)(B) of this subsection that causes a risk to the reliability of the telecommunications network or a portion thereof.(c) Application of enforcement provisions of other rules. To the extent that the Business and Commerce Code, PURA, or other rules in this chapter establish a range of administrative penalties that are inconsistent with the penalty ranges provided for in subsection (b) of this section, the other provisions control with respect to violations of those rules.(d) Assessment of administrative penalties. In addition to the requirements of §22.246 of this title (relating to Administrative Penalties), a notice of violation recommending administrative penalties shall indicate the class of violation.", "sourceNote": "Source Note: The provisions of this §26.9 adopted to be effective October 17, 2006, 31 TexReg 8514." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83657", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.21", "label": "General Provisions of Customer Service and Protection Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166738", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of the rules in this subchapter is to ensure certain customer protections in the provision of local telecommunications service by certificated telecommunications utilities (CTUs) and to establish minimum customer service standards that a CTU shall meet in providing telecommunications service to the public. Nothing in these rules should be interpreted as preventing a CTU from adopting stronger customer protection policies for all customers or for differing groups of customers, as long as those policies do not violate the prohibitions against discrimination in subsection (b) of this section. (b) Prohibition against discrimination. (1) This subchapter prohibits CTUs from discrimination based on race, nationality, color, religion, sex, marital status, income level, source of income, and from unreasonable discrimination on the basis of geographic location. (2) CTUs shall establish an anti-discrimination policy and shall maintain all appropriate information needed to demonstrate compliance. (3) Upon request by a customer or the commission, a CTU shall provide its anti-discrimination policy and all information necessary to demonstrate compliance with anti-discrimination requirements. (c) Other prohibitions. No CTU shall engage in any fraudulent, unfair, misleading, deceptive, or anti-competitive practice. (d) Protections. All customer protections and disclosures established by the Fair Credit Reporting Act (15 U.S.C. §§1681, et seq. ) and the Truth in Lending Act (15 U.S.C. §§1601, et seq. ) are applicable where appropriate whether or not explicitly stated in the rules. (e) Definitions. The following words and terms when used in this subchapter shall have the following meanings, unless the context indicates otherwise. (1) Applicant--A person who applies for service for the first time or reapplies after disconnection of service. (2) Customer--A person who is currently receiving service from a CTU in the person's own name or the name of the person's spouse. (3) Days--Refers to calendar days. (4) In writing--Written words memorialized on paper or sent electronically.", "sourceNote": "Source Note: The provisions of this §26.21 adopted to be effective December 27, 2000, 25 TexReg 12653." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166738", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.22", "label": "Request for Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166739&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166739", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dominant certificated telecommunications utility (DCTU).(1) Every DCTU shall provide local telecommunications service to each qualified applicant for service and to each of its customers within its certificated area in accordance with §26.54(c)(1) of this title (relating to Service Objectives and Performance Benchmarks). A deregulated company that holds a certificate of operating authority is not obligated to be a provider of last resort. A transitioning company is not obligated to be a provider of last resort in a deregulated market.(2) If construction, such as line extensions or facilities, is required for installation of local telecommunications service:(A) the DCTU shall complete the construction within 90 days or within a time period agreed to by the customer and the DCTU after the applicant has established satisfactory credit in accordance with §26.24 of this title (relating to Credit Requirements and Deposits), made satisfactory payment arrangements for construction charges, and complied with state and municipal regulations;(B) the DCTU shall contact the applicant for service within ten work days of receipt of the application and give the applicant an estimated completion date and an estimated cost for all charges to be incurred by the applicant; and(C) following the assessment of any necessary construction, the DCTU shall explain to the applicant any construction cost options such as rebates, sharing of construction costs between the DCTU and the applicant, or sharing of costs between the applicant and other applicants.(3) A DCTU may require an applicant for service to establish satisfactory credit or to pay a deposit in accordance with §26.24 of this title.(b) Nondominant certificated telecommunications utility (NCTU).(1) This subsection does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under PURA §52.154.(2) Every NCTU shall provide local telecommunications service to applicants within its certificated area who have accepted the NCTU's terms and conditions of service and in accordance with the customer safeguards in §26.272(i) of this title (relating to Interconnection).(3) If construction, such as line extensions or facilities, is required for installation of local telecommunications service:(A) the NCTU shall contact the applicant for service within ten work days of receipt of the application and give the applicant an estimated completion date and an estimated cost for all charges to be incurred by the applicant; and(B) following the assessment of any necessary construction, the NCTU shall explain to the applicant any construction cost options such as rebates, sharing of construction costs between the NCTU and the applicant, or sharing of costs between the applicant and other applicants.", "sourceNote": "Source Note: The provisions of this §26.22 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166739&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166739", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.23", "label": "Refusal of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176671", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dominant certificated telecommunications utility (DCTU).(1) A DCTU is relieved of its provider of last resort (POLR) obligations in a market if the market has been deregulated pursuant to Public Utility Regulatory Act Chapter 65. A DCTU with POLR obligations may refuse to provide an applicant with basic local telecommunications service only for one or more of the following reasons:(A) Applicant's facilities inadequate. The applicant's installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given.(B) Use of prohibited equipment or attachments. The applicant fails to comply with the DCTU's tariffs pertaining to operation of nonstandard equipment or unauthorized attachments that interfere with the service of others.(C) Failure to pay guarantee. The applicant has acted as a guarantor for another customer of the DCTU and fails to pay the guaranteed amount, where such guarantee was made in writing to the DCTU and was a condition of service.(D) Intent to deceive. The applicant requests service at a location where another customer received or continues to receive service, the other customer's bill from the DCTU is unpaid at that location, and the DCTU can prove that the change of account holder and billing name is made to avoid or evade payment of an outstanding bill owed to the DCTU.(E) For indebtedness.(i) If a residential applicant owes a debt to any DCTU for:(I) tariffed local telecommunications service, except as provided in §26.29 of this title (relating to Prepaid Local Telephone Service (PLTS)); or(II) long distance charges after toll blocking was imposed as provided in §26.28 of this title (relating to Suspension or Disconnection of Service).(ii) If a non-residential applicant owes a debt to any DCTU for tariffed non-residential local telecommunications service, including long distance charges.(iii) If an applicant's indebtedness is in dispute, basic local telecommunications service shall be provided upon the applicant's compliance with the deposit requirements in §26.24 of this title (relating to Credit Requirements and Deposits).(F) Refusal to pay a deposit. The applicant refuses to pay a deposit if the applicant is required to do so under §26.24 of this title.(G) Failure to comply with regulations. The applicant fails to comply with all applicable state and municipal regulations.(2) Applicant's recourse.(A) If a DCTU has refused to serve a residential applicant, the DCTU must send the applicant notice in writing within five work days of the determination to refuse service:(i) of the reason or reasons for its refusal;(ii) that the applicant will be eligible for service if the applicant remedies the reason or reasons for refusal and complies with the DCTU's tariffs and terms and conditions of service;(iii) that the applicant may request a supervisory review by the DCTU and may file a complaint with the commission as described in §26.30 of this title (relating to Complaints); and(iv) that no telecommunications utility is permitted to:(I) refuse service on the basis of race, color, sex, nationality, religion, marital status, income level, or source of income; nor(II) unreasonably refuse service on the basis of geographic location.(B) Additionally, the DCTU must inform applicants eligible for prepaid local telephone service under §26.29 of this title that this service is available if they are not otherwise eligible for basic local telecommunications service.(3) Insufficient grounds for refusal to serve. The following are not sufficient grounds for refusal of basic local telecommunications service to an applicant by a DCTU:(A) delinquency in payment for service by a previous occupant of the premises to be served;(B) failure to pay for any charges that are not provided in the DCTU's tariffs on file at the commission;(C) failure to pay a bill that includes more than six months of underbilling unless the underbilling is the result of theft of service by the applicant;(D) failure to pay the bill of another customer at the same address except where the change of account holder and billing name is made to avoid or evade payment of that bill; and(E) failure of a residential applicant to pay for any charges other than for local telecommunications service except for long distance charges incurred after toll blocking was imposed as provided in §26.28 of this title.(b) Nondominant certificated telecommunications utility (NCTU).(1) This subsection does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under PURA §52.154.(2) An NCTU may refuse to provide an applicant with basic local telecommunications service for:(A) the applicant's failure to comply with all applicable federal, state, and municipal regulations; or(B) any other reason that does not violate applicable federal, state, or municipal statutes, rules, or regulations.(3) Applicant's recourse.(A) If an NCTU who offers residential service has refused to provide a residential applicant with basic local telecommunications service, the NCTU must inform the applicant of the determination to refuse service:(i) of the reason or reasons for its refusal; and(ii) that the applicant will be eligible for service if the applicant remedies the reason or reasons for refusal and complies with the NCTU's terms and conditions of service.(B) The information required by subparagraph (A) of this paragraph shall be sent to the applicant in writing within five working days, if required by the federal Equal Credit Opportunity Act, 15 U.S.C. §1691 et seq., or if it is requested by the applicant. The NCTU shall inform the applicant that the applicant may request a supervisory review by the NCTU and may file a complaint with the commission as described in §26.30 of this title.(4) Insufficient grounds for refusal to serve. The following are not sufficient grounds for refusal of basic local telecommunications service to an applicant by an NCTU:(A) delinquency in payment for service by a previous occupant of the premises to be served;(B) failure to pay for any charges that are not provided in the NCTU's tariffs;(C) failure to pay a bill that includes more than six months of underbilling unless the underbilling is the result of theft of service by the applicant;(D) failure to pay the bill of another customer at the same address except where the change of account holder and billing name is made to avoid or evade payment of that bill; and(E) failure of a residential applicant to pay for any charges other than for local telecommunications service except for long distance charges incurred after toll blocking was imposed as provided in §26.28 of this title.", "sourceNote": "Source Note: The provisions of this §26.23 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176671", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.24", "label": "Credit Requirements and Deposits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166740", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dominant certificated telecommunications utility (DCTU).(1) Credit requirements for permanent residential applicants.(A) A DCTU may require a residential applicant for local telecommunications service to establish and maintain satisfactory credit as a condition of providing service.(i) Establishment of credit or payment of a deposit shall not relieve any customer from complying with the DCTU's requirements for prompt payment of bills.(ii) The creditworthiness of spouses established during the last 12 months of shared service prior to their divorce will be equally applied to both spouses for 12 months immediately after their divorce.(B) A residential applicant can demonstrate satisfactory credit using one of the criteria listed in clauses (i) - (iv) of this subparagraph.(i) Payment record. The residential applicant:(I) has been a customer of any DCTU for residential local telecommunications service within the last two years;(II) is not delinquent in payment of any residential DCTU service;(III) during the last 12 consecutive months of service was not late in paying a bill more than once and did not have service disconnected for nonpayment; and(IV) upon request, shall receive a letter of credit history from the applicant's previous DCTU. DCTUs are required to keep payment history for two years after termination of service to a customer.(ii) Other means. The residential applicant demonstrates a satisfactory credit rating by appropriate means, including, but not limited to, the production of:(I) generally accepted credit history;(II) letters of credit reference;(III) the names of credit references which may be quickly and inexpensively contacted by the utility; or(IV) ownership of substantial equity that is easily liquidated.(iii) Senior applicant. The residential applicant is 65 years of age or older and does not have an outstanding residential service account balance incurred within the last two years with a DCTU.(iv) Victim of family violence: The residential applicant has been determined to be a victim of family violence as defined in Texas Family Code §71.004, by a family violence center as defined in Texas Human Resources Code §51.002, by treating medical personnel, by law enforcement personnel, by the Office of a Texas District Attorney or County Attorney, by the Office of the Attorney General, or by a grantee of the Texas Equal Access to Justice Foundation. This determination shall be evidenced by submission of a certification letter developed by the Texas Council on Family Violence.(C) The DCTU may require the applicant to pay a deposit only if the applicant does not demonstrate satisfactory credit using the criteria in subparagraph (B) of this paragraph.(2) Credit requirements for non-residential applicants. The DCTU may require a non-residential applicant to pay a deposit if the applicant's credit for service has not been demonstrated satisfactorily to the DCTU.(3) Credit requirements for temporary or seasonal service and for weekend residences. The DCTU may establish credit policy and deposit requirements to reasonably protect it against the assumed risk for temporary or seasonal service or service to a weekend residence, as long as the policy and requirements are applied in a uniform and nondiscriminatory manner. The DCTU shall return deposits according to guidelines set out in paragraph (11) of this subsection.(4) Initial deposits.(A) A residential applicant or customer who is required to pay an initial deposit may provide the DCTU with a written letter of guarantee instead of paying a cash deposit.(B) A DCTU shall not require an initial deposit from an existing customer unless the customer was late paying a bill more than once during the last 12 months of service or had service disconnected for nonpayment. The customer may be required to pay this initial deposit within ten days after issuance of a written disconnection notice that requests such deposit. Instead of an initial deposit, the customer may pay the total amount due on the current bill by the due date of the bill, provided the customer has not exercised this option in the previous 12 months.(5) Additional deposits.(A) During the first 12 months of service, the DCTU may request an additional deposit if the customer's actual usage:(i) is at least three times estimated usage (or three times average usage of the three most recent bills);(ii) exceeds $150; and(iii) exceeds 150% of the security held.(B) A DCTU may also require an additional deposit if:(i) actual billings of a residential customer are at least twice the amount of the estimated billings after two billing periods;(ii) actual billings of a non-residential customer are at least twice the amount of the estimated billings; and(iii) a suspension or disconnection notice was issued for the account within the previous 12 months.(C) A DCTU may require an additional deposit be paid within ten days after issuing written notice of suspension or disconnection and requesting an additional deposit.(D) Instead of an additional deposit, a residential customer may elect to pay the total amount due on the current bill by the due date of the bill, provided the customer has not exercised this option in the previous 12 months.(E) The DCTU may disconnect service if the additional deposit or the current usage payment is not paid within ten days of request provided a written suspension or disconnection notice has been issued to the customer. A suspension or disconnection notice may be issued concurrently with the written request for the additional deposit or current usage payment.(6) Amount of deposit. When a DCTU requires a deposit:(A) The total of all deposits, initial and additional, shall not exceed an amount equivalent to one-sixth of the estimated annual billing, except as provided in §26.29 of this title (relating to Prepaid Local Telephone Service).(B) The estimated annual billings shall not include charges that are not in a DCTU's tariff.(C) For residential applicants and customers:(i) estimated annual billings:(I) shall not include long distance charges from other service providers;(II) may include charges for tariffed local telecommunications services;(III) may include charges for intraLATA toll only if the DCTU or its affiliate is providing this service to the customer; and(IV) may include charges for interLATA toll only if the DCTU or its affiliate is providing this service to the customer.(ii) the deposit amount related to local telecommunications service and long distance service shall be separately identified.(iii) the deposit amount related only to basic local telecommunications service may be required as a condition for providing basic local telecommunications services.(D) For non-residential applicants and customers, estimated annual billings may include long distance charges only when the DCTU bills those charges.(7) Interest on deposits.(A) Each DCTU requiring deposits shall pay interest, compounded annually, on these deposits. The annual rate shall be at least equal to that set by the commission on or before December 1 of the preceding calendar year, pursuant to Texas Utilities Code Annotated §183.003 (relating to Rate of Interest).(i) If a deposit is refunded within 30 days of receipt, no interest payment is required.(ii) If the utility keeps the deposit more than 30 days, payment of interest shall be made retroactive to the date of deposit.(B) Payment of the interest to the customer shall be made annually, if requested by the customer, or at the time the deposit is returned or credited to the customer's account.(C) The deposit shall draw interest until the date it is returned or credited to the customer's account.(8) Notification to applicants and customers. When a deposit is required, the DCTU shall explain to applicants or customers the terms and conditions related to deposits and refunds.(9) Records of deposits. The DCTU shall:(A) Keep records to show:(i) the name and address of each depositor;(ii) the amount and date of the deposit; and(iii) each transaction concerning the deposit;(B) Issue a receipt of deposit to each applicant or customer paying a deposit and provide means for a depositor to establish claim if the receipt is lost;(C) Keep deposit records for one year after a deposit is refunded;(D) Maintain each unclaimed deposit for at least four years;(E) Make a reasonable effort to return an unclaimed deposit;(F) Upon the sale or transfer of any DCTU or any of its operating units, provide the buyer with all deposit records.(10) Guarantees of residential customer accounts.(A) A guarantee between a DCTU and a guarantor must be in writing and shall be for no more than the amount of deposit the DCTU would require on the customer's account pursuant to paragraph (6) of this subsection. The amount of the guarantee shall be clearly indicated in the signed agreement.(B) The guarantee shall be voided and returned to the guarantor according to the provisions of paragraph (11) of this subsection.(C) Upon default by a residential customer, the guarantor of that customer's account shall be responsible for the unpaid balance of the account only up to the amount in the written agreement.(D) The DCTU shall provide written notification to the guarantor of the customer's default, the amount owed by the guarantor, and the due date for the amount owed.(i) The DCTU shall allow the guarantor 16 days from the date of notification to pay the amount owed on the defaulted account. If the sixteenth day falls on a holiday or weekend, the due date shall be the next work day.(ii) The DCTU may transfer the amount owed on the defaulted account to the guarantor's own service bill provided the guaranteed amount owed is identified separately on the bill.(E) The DCTU may disconnect service to the guarantor for nonpayment of the guaranteed amount only if the disconnection was included in the terms of the written agreement and only after proper notice as described by subparagraph (D) of this paragraph, and §26.28 of this title (relating to Suspension or Disconnection of Service).(11) Refunding deposits and voiding letters of guarantee.(A) If service is not connected, or is disconnected, the DCTU shall:(i) promptly void and return to the guarantor all letters of guarantee on the account; or(ii) provide written documentation that the contract has been voided; or(iii) refund the applicant's or customer's deposit plus accrued interest on the balance in excess of the unpaid bills for service furnished.(B) If residential service is disconnected, the DCTU shall ensure that the deposit amount for local telecommunications service is applied first to local telecommunications service charges.(C) A transfer of service from one premise to another within the service area of the DCTU is not a disconnection.(D) The DCTU shall promptly refund the deposit plus accrued interest to the customer, or void and return the guarantee, or provide written documentation that the contract has been voided, when the customer:(i) paid bills for 12 consecutive residential billings or for 24 consecutive non-residential billings without having service disconnected for nonpayment;(ii) was not late in paying a bill more than twice in the last 12 consecutive billings (24 for non-residential); and(iii) is not delinquent in the payment of the current bill.(E) If the customer does not meet the refund criteria in subparagraph (D) of this paragraph, the DCTU may retain the deposit and interest or the letter of guarantee.(12) Re-establishment of credit.(A) Before service is reconnected, the DCTU may require an applicant whose service was previously disconnected for nonpayment or theft of service, to reestablish credit and to pay:(i) all amounts due the DCTU; or(ii) execute a deferred payment agreement, if offered.(B) The DCTU must prove that the amount due for services furnished and any other charges required as a condition of local service restoration are correct.(C) The DCTU may require a residential applicant to pay or execute a deferred payment agreement only for the total amount due for tariffed local telecommunications service in order to receive basic local telecommunications service.(13) Customer credit and deposit information. A DCTU shall safeguard customer credit and deposit information in accordance with §26.122 of this title (relating to Customer Propriety Network Information).(b) Non-dominant certificated telecommunications utility (NCTU).(1) Credit requirements for permanent residential applicants. An NCTU may require a residential applicant for local telecommunications service to establish and maintain satisfactory credit as a condition of providing service.(A) Establishment of credit or payment of a deposit shall not relieve any customer from complying with the NCTU's requirements for prompt payment of bills.(B) The creditworthiness of spouses established during the last 12 months of shared service prior to their divorce will be equally applied to both spouses for 12 months immediately after their divorce.(2) Amount of deposit. When an NCTU requires a deposit:(A) The total of all deposits, initial and additional, shall not exceed an amount equivalent to one-sixth of the estimated annual billing.(B) For residential applicants and customers:(i) estimated annual billings shall not include long distance charges from other non-affiliated service providers;(ii) the deposit amount related to local telecommunications service and long distance service shall be separately identified; and(iii) the deposit amount related only to basic local telecommunications service may be required as a condition for providing basic local telecommunications services.(3) Interest on deposits.(A) Each NCTU requiring deposits shall pay interest, compounded annually, on these deposits. The annual rate shall be at least equal to that set by the commission on or before December 1 of the preceding calendar year, pursuant to Texas Utilities Code Annotated §183.003 (relating to Rate of Interest).(i) If a deposit is refunded within 30 days of receipt, no interest payment is required.(ii) If the utility keeps the deposit more than 30 days, payment of interest shall be made retroactive to the date of deposit.(B) Payment of interest shall be made at the time a deposit is returned or credited to the customer's account.(C) The deposit shall draw interest until the day it is returned or credited to the customer's account.(4) Notification to applicants and customers. When a deposit is required, the NCTU shall explain to applicants or customers the terms and conditions related to deposits and refunds.(5) Records of deposits. The NCTU shall:(A) Keep records to show:(i) the name and address of each depositor;(ii) the amount and date of the deposit; and(iii) each transaction concerning the deposit;(B) Issue a receipt of deposit to each applicant or customer paying a deposit and provide means for a depositor to establish claim if the receipt is lost;(C) Keep deposit records for one year after a deposit is refunded;(D) Maintain each unclaimed deposit for at least four years;(E) Make a reasonable effort to return an unclaimed deposit; and(F) Upon the sale or transfer of any NCTU or any of its operating units, provide the buyer with all deposit records.(6) Refunding deposits.(A) If service is not connected, or is disconnected, the NCTU shall promptly refund the customer's deposit plus accrued interest on the balance in excess of the unpaid bills for service furnished.(B) If residential service is disconnected, the NCTU shall ensure that the deposit amount for local telecommunications service is applied first to local telecommunications service charges.(C) An NCTU shall refund the deposit and interest when the customer meets the NCTU's refund criteria.(7) Customer credit and deposit information. An NCTU shall safeguard customer credit and deposit information in accordance with §26.122 of this title.(c) NCTU implementation. NCTUs shall implement this section no later than March 1, 2001.", "sourceNote": "Source Note: The provisions of this §26.24 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective April 25, 2005, 30 TexReg 2389; amended to be effective March 10, 2016, 41 TexReg 1681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166740", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.25", "label": "Issuance and Format of Bills" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83661", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The provisions of this section apply to residential-customer bills issued by all certificated telecommunications utilities (CTUs). Only subsections (d)(3), (e)(1)(C) and (e)(7) of this section apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under PURA §52.154.(b) Purpose. The purpose of this section is to specify the information that should be included in a user-friendly, simplified format for residential customer bills that include charges for local exchange telephone service.(c) Frequency of bills and billing detail. Bills of CTUs shall be issued monthly for any amount unless the bill covers service that is for less than one month, or unless through mutual agreement between the company and the customer a less frequent or more frequent billing interval is established. Through mutual agreement with the CTU, a customer may request and receive a bill with more detailed or less detailed information than otherwise would be required by the provisions of this section if the CTU also will provide the customer with detailed information on request.(d) Billing information.(1) All residential customers shall receive their bills via the United States mail, or other mail service, unless the customer agrees with the CTU to receive a bill through different means, such as electronically via the Internet.(2) Customer billing sent through the United States mail, or other mail service, shall be sent in an envelope or by any other method that ensures the confidentiality of the customer's telephone number and/or account number.(3) A CTU shall maintain by billing cycle the billing records for each of its accounts for at least two years after the date the bill is mailed. The billing records shall contain sufficient data to reconstruct a customer's billing for a given month. A copy of a customer's billing records may be obtained by the customer on request.(e) Bill content requirements. The following requirements apply to bills sent via the U.S. mail, or other mail service. Bills rendered via the Internet shall provide the information specified in this subsection in a readily discernible manner.(1) The first page of each residential customer's bill containing charges for local exchange telephone service shall include the following information, clearly and conspicuously displayed:(A) the grand total amount due for all services being billed;(B) the payment due date; and(C) a notification of any change in the identity of a service provider. The notification should describe the nature of the relationship with the customer, including the description of whether the new service provider is the presubscribed local exchange or interexchange carrier. For purposes of this subparagraph, \"new service provider\" means a service provider that did not bill the customer for services during the service provider's last billing cycle. This definition shall include only providers that have continuing relationships with the customer that will result in periodic charges on the customer's bill, unless the service is subsequently canceled. This notification may be accomplished with a sentence that directs the customers to details of this change located elsewhere on the bill.(D) If possible, the first page of the bill shall list each applicable telephone number or account number for which charges are being summarized on the bill. If such inclusion is not possible, the first page shall show the main telephone number or account number, and subsequent pages shall clearly identify the additional numbers.(2) Each residential customer's bill shall include the following information in a clear and conspicuous manner that provides customers sufficient information to understand the basis and source of the charges in the bill:(A) the service descriptions and charges for local service provided by the billing CTU;(B) the service descriptions and charges for non-local services provided by the billing CTU;(C) the service description, service provider's name, and charges for any services provided by parties other than the billing CTU, with a separate line for each different provider;(D) applicable taxes, fees and surcharges, showing the specific amount associated with each charge;(E) the billing period or billing end date; and(F) an identification of those charges for which non-payment will not result in disconnection of basic local telecommunications service, along with an explicit statement that failure to pay these charges will not result in the loss of basic local service; or an identification of those charges that must be paid to retain basic local telecommunications service, along with an explicit statement that failure to pay these charges will result in the loss of basic local service.(3) Charges must be accompanied by a brief, clear, non-misleading, plain-language description of the service being rendered. The description must be sufficiently clear in presentation and specific enough in content to enable customers to accurately assess the services for which they are being billed. Additionally, explanations shall be provided for any non-obvious abbreviations, symbols, or acronyms used to identify specific charges. The CTU shall use the term or acceptable abbreviation, in paragraph (7) of this subsection to the extent they apply to the customer's bill. If an abbreviation other than the acceptable abbreviation is used for the term, then the term must also be identified on the customer's bill. Terms and abbreviations may be completely capitalized, partially capitalized, not capitalized, hyphenated, or not hyphenated.(4) Charges for bundled-service packages that include basic local telecommunications service are not required to be separately stated. However, a brief, clear, non-misleading, plain-language description of the services included in a bundled-service package is required to be provided either in the description or as a footnote.(5) Each customer's bill shall include specific per-call detail for time-sensitive charges, itemized by service provider and by telephone or account number (if the customer's bill is for more than one such number). Each customer's bill shall include the rate and specific number of billing occurrences for per-use services, itemized by service provider and by telephone or account number. Additionally, time-sensitive charges and per-use charges may be displayed as subtotals in summary sections of the bill.(6) Bills shall provide a clear and conspicuous toll-free number that a customer can call to resolve disputes and obtain information from the CTU. If the CTU is billing the customer for any services from another service provider, the bill shall identify the name of the service provider and provide a toll-free number that the customer can call to resolve disputes or obtain information from that service provider.(7) Defined terms.(A) Federal excise tax--Federal tax assessed on non-usage sensitive basic local service that is billed separately from long distance service. Acceptable abbreviation: Fed excise tax.(B) Federal subscriber line charge--A charge that the Federal Communications Commission (FCC) allows a CTU to impose on its customers to recover costs associated with interstate access to the local telecommunications networks. The FCC does not require a CTU company to impose this charge, and the CTU does not remit the charge to the federal government. The charge may be used by the CTU to pay for a part of the cost of lines, wires, poles, conduit, equipment and facilities that provide interstate access to the local telecommunications network. Acceptable abbreviation: Fed subscriber line chg.(C) Federal universal service fee--A federal fee for a fund that supports affordable basic phone service to all Americans, including low-income customers, schools, libraries, and rural health care providers. CTUs impose this fee to cover their required support for the fund. The fee is set by the FCC. Acceptable abbreviation: Fed universal svc fee.(D) Municipal right-of-way fee--A fee used to compensate municipalities for the use of their rights-of-way. Acceptable abbreviation: Municipal ROW fee.(E) Texas universal service--A state fee for a fund that supports affordable service to customers in high-cost rural areas, funds the Relay Texas service and related assistance for the hearing-disabled, and funds telecommunications services discounts for low-income customers (Lifeline). The fee is set by the Public Utility Commission.(F) 9-1-1 fee--A fee used to fund the 9-1-1 telephone network that allows callers to reach a public safety agency when they dial the digits \"9-1-1.\" The amount of the fee varies by region and is set by the Texas Commission on State Emergency Communications.(G) 9-1-1 equalization fee--A fee used to provide financial support for regions where the 9-1-1 fee does not fully offset the cost of 9-1-1 service. The fee is imposed on each customer receiving intrastate long-distance service. The fee is set by the Texas Commission on State Emergency Communications.(f) Compliance review of bill formats. A CTU shall file for review a copy of any portion of its bill format that has not previously been reviewed and approved by the commission pursuant to this section. The CTU will be advised if the format does or does not comply with the requirements of this section. Two alternative projects will be established for such reviews. CTUs may submit new or altered bill formats in either of these projects as follows:(1) Expedited review. The commission staff shall establish a project for expedited reviews. CTUs may submit proposed new bills or bill format changes prior to implementation in the expedited review project. A notice of sufficiency or a notice of deficiency will be issued to the CTU within 15 business days. The CTU may appeal a notice of deficiency by requesting its submission be docketed for further review or may respond with a revised submission that corrects the deficiency within ten business days of the deficiency notice. The CTU's revised submission will be reviewed and either a notice of sufficiency or a notice of deficiency will be issued within 15 business days. This process will be repeated until the CTU's submission has received a notice of sufficiency or the CTU has requested that its submission be docketed as a contested case. A contested case may also be requested by commission staff to resolve disputes regarding the CTU's submission.(2) Annual review. The commission staff shall establish a project for annual reviews. CTUs may choose to file bill format changes in the annual review project. If the CTU's bill format change has already been approved pursuant to paragraph (1) of this subsection, the CTU does not need to file the same changes under the annual review process. Submissions for annual review must be made between September 1st and October 1st each year. All submissions shall be responded to with a notice of sufficiency or deficiency issued no later than November 15th of that year. A CTU may appeal a notice of deficiency by requesting its submission be docketed for further review or may respond with a revised submission that corrects the deficiency within ten business days of the deficiency notice. Revised submissions will be reviewed within 15 business days and a new notice of either sufficiency or deficiency will be issued. This process will be repeated until the CTU's submission has received a notice of sufficiency or the CTU has requested that its submission be docketed as a contested case. A contested case may also be requested by commission staff to resolve disputes regarding the CTU's submission.(g) Effective date. The effective date of this section is June 1, 2010.", "sourceNote": "Source Note: The provisions of this §26.25 adopted to be effective August 15, 2000, 25 TexReg 7665; amended to be effective October 17, 2002, 27 TexReg 9568; amended to be effective June 1, 2010, 34 TexReg 8496; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83661", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.26", "label": "Foreign Language Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176672", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notification requirement. A certificated telecommunications utility (CTU) shall inform Spanish-speaking applicants and customers how they can get the information in subsection (b)(1), (2), (3), and (6) of this section in Spanish. This may be accomplished by an informational sentence (tagline) in English and Spanish indicating that the information is available in Spanish, upon request.(b) Spanish information requirement. A CTU shall provide the following in Spanish, upon the request of an applicant or customer:(1) applicant and customer rights information contained in this subchapter;(2) information on rates, key terms and conditions;(3) new services, discount programs, and promotions;(4) access to repair service and customer service;(5) answers to billing inquiries; and(6) ballots for services requiring a vote by ballot.(c) Additional information requirement. A CTU that advertises, promotes, or markets a service or product in any language other than English or Spanish shall provide the information in subsection (b) of this section related to that service or product in that language, upon the request of an applicant or customer.(d) Non-dominant certificated telecommunications utility (NCTU) implementation. NCTUs shall implement this section no later than March 1, 2001.", "sourceNote": "Source Note: The provisions of this §26.26 adopted to be effective December 27, 2000, 25 TexReg 12653." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176672", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.27", "label": "Bill Payment and Adjustments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166742", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dominant certificated telecommunications utility (DCTU).(1) Bill due date. The bill provided to the customer shall include the payment due date, which shall not be less than 16 days after issuance.(A) The issuance date is the postmark date on the envelope containing the bill or the issuance date on the bill if there is no postmark or envelope.(B) Payment for service is delinquent if not received at the DCTU or at the DCTU's authorized payment agency by close of business on the due date.(C) If the sixteenth day falls on a holiday or weekend, then the due date shall be the next work day after the sixteenth day.(2) Penalty on delinquent bills for retail service. A DCTU providing any service to the state, including service to an agency in any branch of government, shall not assess a fee, penalty, interest, or other charge to the state for delinquent payment of a bill.(3) Billing adjustments.(A) Service interruptions. In the event a customer's service is interrupted other than by the negligence or willful act of the customer, and it remains interrupted for 24 hours or longer after being reported and after access to the premises is made available, an appropriate refund shall be made to the customer.(i) The amount of refund shall be:(I) determined on the basis of the known period of interruption, generally beginning from the time the service interruption is first reported; and(II) the refund to the customer shall be the proportionate part of the month's flat rate charges for the period of days and that portion of the service facilities rendered useless or inoperative.(ii) The refund may be made by a credit on a subsequent bill.(B) Overbilling. If charges are found to be higher than authorized by the DCTU's tariffs or the terms and conditions of service, an appropriate refund shall be made to the customer.(i) The refund shall be made for the entire period of the overbilling.(ii) If the overbilling is corrected within three billing cycles of the initial bill in error, interest is not required to be paid on the overcharge.(iii) If the overbilling is not corrected within three billing cycles of the initial bill in error, interest shall be paid on the amount of the overcharges. The minimum interest to be paid shall be based on the rate set by the commission on or before December 1 of the preceding calendar year, compounded monthly, and accruing from the date of payment or the initial date of the bill in error.(iv) The refund may be made by a credit on a subsequent bill, unless the customer requests otherwise.(C) Underbilling. If charges are found to be lower than authorized by the DCTU's tariffs or terms and conditions of service, or if the DCTU failed to bill the customer for service, then:(i) The customer may be backbilled for the amount that was underbilled for no more than six months from the date the error was discovered unless underbilling is a result of theft of service by the customer.(ii) Service may be disconnected if the customer fails to pay charges arising from an underbilling.(iii) If the underbilling is $50 or more, the DCTU shall offer the customer a deferred payment plan option for the same length of time as that of the underbilling. A deferred payment plan need not be offered to a customer whose underpayment is due to theft of service.(iv) Interest on underbilled amounts shall:(I) not be charged unless such amounts are found to be the result of theft of service by the customer; and(II) not exceed an amount based on the rate set by the commission on or before December 1 of the preceding calendar year, compounded monthly, and accruing from the day the customer is found to have first tampered with, bypassed, or diverted service.(4) Disputed bills. If there is a dispute between a customer and a DCTU about any bill for DCTU service, the DCTU shall:(A) investigate and report the results to the customer; and(B) inform the customer of the complaint procedures of the commission in accordance with §26.30 of this title (relating to Complaints), if the dispute is not resolved.(5) Notice of alternative payment programs or payment assistance. When a customer contacts a DCTU and indicates inability to pay a bill or need of assistance with payment, the DCTU shall inform the customer of all alternative payment options and payment assistance programs available from the DCTU, such as payment arrangements, deferred payment plans, and disconnection moratoriums for the ill, as applicable, and of the eligibility requirements and application procedure for each.(6) Payment arrangement. A payment arrangement is any agreement between the DCTU and a customer that allows the customer to pay the outstanding bill after its due date but before the due date of the next bill.(A) A payment arrangement may be established in person or by telephone.(B) If the DCTU issued a suspension or disconnection notice before the payment arrangement was made, that suspension or disconnection shall be suspended until after the due date for the payment arrangement.(C) If a customer does not fulfill the obligations of the payment arrangement, the DCTU may suspend or disconnect service after the later of the due date for the payment arrangement or the suspension or disconnection date indicated in the notice in accordance with §26.28 of this title (relating to Suspension or Disconnection of Service), without issuing an additional notice.(7) Deferred payment plan. A deferred payment plan is any written agreement between the DCTU and a customer that allows a customer to pay an outstanding bill in installments that extend beyond the due date of the next bill.(A) The terms of a deferred payment plan may be established in person or by telephone, but must be put in writing to be effective.(B) The DCTU shall offer a deferred payment plan to any residential customer, including a guarantor of any residential customer, who has expressed an inability to pay all of the bill, if that customer has not been issued more than two suspension or disconnection notices during the preceding 12 months.(C) Every deferred payment plan shall provide that the delinquent amount may be paid in equal installments over at least three billing cycles.(D) When a residential customer has received service from its current DCTU for less than three months, the DCTU is not required to offer a deferred payment plan if the residential customer lacks:(i) sufficient credit; or(ii) a satisfactory history of payment for service from a previous DCTU.(E) Every deferred payment plan offered by a DCTU:(i) shall state, immediately preceding the space provided for the customer's signature and in boldface type no smaller than 14 point size, the following: \"THIS IS A BINDING CONTRACT\" followed by \"If you are not satisfied with this contract, or if agreement was made by telephone and you feel this contract does not reflect your understanding of that agreement, contact the utility immediately and do not sign this contract. If you do not contact the utility, or if you sign this agreement, you may give up your right to dispute the amount due under the agreement except for the utility's failure or refusal to comply with the terms of this agreement.\"(I) In addition, if the customer and the DCTU representative or agent meet in person, the DCTU representative shall read the preceding statement to the customer.(II) The DCTU shall provide information to the customer as necessary in accordance with §26.26 of this title (relating to Foreign Language Requirements) to make the preceding statement understandable to the customer;(ii) may include a 5.0% penalty for late payment but shall not include a finance charge;(iii) shall state the length of time covered by the plan;(iv) shall state the total amount to be paid;(v) shall state the specific amount of each installment;(vi) shall allow the DCTU to disconnect service if a customer does not fulfill the terms of the deferred payment plan;(vii) shall not refuse a customer participation in such a program on the basis of race, nationality, religion, color, sex, marital status, income level, or source of income and shall not unreasonably refuse a customer participation in such a program on the basis of geographic location;(viii) shall be signed by the customer and a copy of the signed plan shall be provided to the customer; and(ix) shall allow either the customer or the DCTU to renegotiate the deferred payment plan, if the customer's economic or financial circumstances change substantially during the time of the plan.(F) A DCTU may disconnect a customer who does not meet the terms of a deferred payment plan.(i) The DCTU may not disconnect service until a disconnection notice in accordance with §26.28 of this title has been issued to the customer indicating that the customer has not met the terms of the plan.(ii) The DCTU may renegotiate the deferred payment plan agreement before disconnection.(iii) No additional notice is required if the customer:(I) did not sign the deferred payment plan;(II) is not otherwise fulfilling the terms of the plan; and(III) was previously provided a disconnection notice for the outstanding amount.(8) Residential partial payments. Residential service payment shall first be allocated to basic local telecommunications service.(b) Nondominant certificated telecommunications utility (NCTU).(1) Application: Only paragraphs (3), (5) and (6) of this subsection apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under PURA §52.154.(2) Bill due date. The bill provided to the customer shall include the payment due date, which shall not be less than 16 days after issuance.(A) The issuance date is the postmark date on the envelope containing the bill or the issuance date on the bill if there is no postmark or envelope.(B) Payment for service is delinquent if not received at the NCTU or at the NCTU's authorized payment agency by close of business on the due date.(C) If the sixteenth day falls on a holiday or weekend, then the due date shall be the next work day after the sixteenth day.(D) If the due date shown on the bill falls on a holiday or weekend, an NCTU shall include a statement on the bill or in the terms and conditions of service that informs the customer that the due date is extended to the next work day.(3) Penalty on delinquent bills for retail service. An NCTU providing any service to the state, including service to an agency in any branch of government, shall not assess a fee, penalty, interest, or other charge to the state for delinquent payment of a bill.(4) Billing adjustments.(A) Overbilling. If charges are higher than the NCTU's tariff, schedule, or price list terms and conditions of service, or a customer-specific contract, an appropriate refund shall be made to the customer:(i) The refund shall be made for the entire period of the overbilling.(ii) If the overbilling is corrected within three billing cycles of the initial bill in error, interest is not required to be paid on the overcharge.(iii) If the overbilling is not corrected within three billing cycles of the initial bill in error, interest shall be paid on the amount of the overcharges. The minimum interest to be paid shall be based on the rate set by the commission on or before December 1 of the preceding calendar year, compounded monthly, and accruing from the date of payment or the initial date of the bill in error.(iv) The refund may be made by a credit on a subsequent bill, unless the customer requests otherwise.(B) Underbilling. If charges are found to be lower than authorized by the NCTU's tariff, schedule, or price list, terms and conditions of service, or a customer-specific contract, or if the NCTU failed to bill the customer for service, then:(i) The customer may be backbilled for the amount that was underbilled for no more than six months from the date the initial error was discovered unless underbilling is a result of theft of service by the customer.(ii) Service may be disconnected if the customer fails to pay charges arising from an underbilling.(iii) If the underbilling is $50 or more, the NCTU shall offer the customer a payment plan option for the same length of time as that of the underbilling. A payment plan need not be offered to a customer whose underpayment is due to theft of service.(iv) Interest on underbilled amounts shall:(I) not be charged unless such amounts are found to be the result of theft of service by the customer; and(II) not exceed an amount based on the rate set by the commission on or before December 1 of the preceding calendar year, compounded monthly, and accruing from the day the customer is found to have first tampered with, bypassed, or diverted service.(5) Disputed bills. If there is a dispute between a customer and an NCTU about any bill for NCTU service, the NCTU shall:(A) investigate and report the results to the customer; and(B) inform the customer of the complaint procedures of the commission in accordance with §26.30 of this title if the dispute is not resolved.(6) Notice of alternative payment programs or payment assistance. When a customer contacts an NCTU and indicates inability to pay a bill or need of assistance with payment, the NCTU shall inform the customer of any alternative payment options and payment assistance programs available to the customer.(7) Residential partial payments. Residential service payment shall first be allocated to basic local telecommunications service.(c) NCTU implementation. NCTUs shall implement this section no later than March 1, 2001.", "sourceNote": "Source Note: The provisions of this §26.27 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective March 10, 2016, 41 TexReg 1681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166742", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.28", "label": "Suspension or Disconnection of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155908", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dominant certificated telecommunications utility (DCTU).(1) Suspension or disconnection policy. If a DCTU chooses to suspend or disconnect a customer's basic local telecommunications service, it must follow the procedures in this subsection or modify them in ways that are more generous to the customer in terms of the cause for suspension or disconnection, the timing of the suspension or disconnection notice, and the period between notice and suspension or disconnection. Each DCTU is encouraged to develop specific policies for suspension and disconnection that treat its customers with dignity and respect for customers' or members' circumstances and payment history, and to implement those policies in ways that are consistent and non-discriminatory. Suspension or disconnection are options allowed by the commission, not requirements placed upon the DCTU by the commission.(2) Suspension or disconnection with notice. After proper notice pursuant to paragraph (7) of this subsection, a DCTU may suspend or disconnect basic local telecommunications service for any of the following reasons:(A) failure to pay tariffed charges for local telecommunications services or make deferred payment arrangements by the date of suspension or disconnection;(B) failure of a residential customer to pay long distance charges incurred after toll blocking was imposed;(C) failure of a non-residential customer to pay long distance charges only where the DCTU bills those charges to the customer pursuant to its tariffs or billing and collection contracts, or make deferred payment arrangements by the date of suspension or disconnection;(D) failure to comply with the terms of a deferred payment agreement except as provided in §26.29 of this title (relating to Prepaid Local Telephone Service (PLTS));(E) violation of the DCTU's rules on the use of service in a manner which interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer has a reasonable opportunity to remedy the situation;(F) failure to pay a deposit pursuant to §26.24 of this title (relating to Credit Requirements and Deposits); or(G) failure of the guarantor to pay the amount guaranteed, when the DCTU has a written agreement, signed by the guarantor, that allows for disconnection of the guarantor's service for nonpayment.(3) Suspension or disconnection without notice. Basic local telecommunications service may be suspended or disconnected without notice, except as provided in §26.29 of this title, for any of the following reasons:(A) where service is connected without authority;(B) where service was reconnected without authority; or(C) where there are instances of tampering with the DCTU's equipment, evidence of theft of service, or other acts to defraud the DCTU.(4) Suspension or disconnection prohibited. Basic local telecommunications service may not be suspended or disconnected for any of these reasons:(A) failure to pay for any charges that are not provided for in a DCTU's tariffs;(B) failure to pay for a different type or class of utility service unless charges were included on the bill at the time service was initiated;(C) failure to pay charges resulting from underbilling that is more than six months before the current billing, except for theft of service;(D) failure to pay disputed charges until a determination is made on the accuracy of the charges; or(E) failure of a residential customer to pay for any charges other than for tariffed residential local telecommunications services, except for the nonpayment of long distance charges incurred after toll blocking was imposed.(5) Suspension or disconnection on holidays or weekends. A DCTU shall not suspend or disconnect service on holidays or weekends, or the day before a holiday or weekend, unless DCTU personnel are available on those days to take payments and reconnect service. A DCTU may suspend or disconnect service on holidays or weekends, or the day before a holiday or weekend, when:(A) a dangerous condition exists;(B) notice is not required pursuant to paragraph (3) of this subsection; or(C) the customer requests disconnection.(6) Suspension or disconnection for ill and disabled. No DCTU may suspend or disconnect service at the permanent residence of a delinquent customer if that customer establishes that such action will prevent the customer from summoning emergency medical help for someone who is seriously ill residing at that residence.(A) Each time a customer seeks to avoid suspension or disconnection of service under this subsection, the customer before the date of suspension or disconnection shall:(i) have the person's attending physician (for purposes of this subsection, the term \"physician\" shall mean any public health official, including, but not limited to, medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) contact the DCTU by the stated date of disconnection;(ii) have the person's attending physician submit a written statement to the DCTU; and(iii) enter into a deferred payment plan.(B) The prohibition against suspension or disconnection provided by this subsection shall last 63 days from the issuance of the DCTU bill or a shorter period agreed upon by the DCTU and the customer or physician.(7) Suspension and disconnection notices. Any suspension or disconnection notice issued by a DCTU to a customer shall:(A) not be issued to the customer before the first day after the bill is due. Payment of the delinquent bill at a DCTU's authorized payment agency is considered payment to the DCTU;(B) be a separate mailing or hand delivery or sent electronically if requested by the customer, with a stated date of suspension or disconnection and with the words \"suspension notice,\" or \"disconnection notice,\" or similar language prominently displayed on the notice;(C) have a suspension or disconnection date that is not less than ten days after the notice is issued;(D) be in English and Spanish;(E) for residential customers, indicate the specific amount owed for tariffed local telecommunications services required to maintain basic local telecommunications service; and(F) include a statement notifying customers that if they need assistance paying their bill, or are ill and unable to pay their bill, they may be able to make some alternative payment arrangement or establish a deferred payment plan. The notice shall advise customers to contact the DCTU for more information.(8) Residential customer payment allocations. Payment allocations related to basic local telecommunications service suspension or disconnection are as follows:(A) Payments shall first be allocated to basic local telecommunications service.(B) If services are bundled, the rate of basic local telecommunications service shall be the DCTU's charge for stand-alone basic local telecommunications service.(9) Toll blocking.(A) The DCTU may toll block a residential customer for the nonpayment of long distance charges.(B) Access to toll-free numbers. Where technically capable, toll blocking shall allow access to toll-free numbers.(C) Nondiscriminatory application. The DCTU shall not apply toll blocking in an unreasonably preferential, prejudicial, or discriminatory manner.(D) Notice requirement. The DCTU shall notify the customer within 24 hours of initiating toll blocking.(10) Release of telephone line.(A) Upon a request to switch a current customer to another local service provider, the DCTU shall release the customer's telephone line and number to the preferred provider in a manner to expedite the switch without disruption in service.(B) Upon a request to switch a suspended customer to another local service provider, the DCTU shall release the customer's telephone line and number within five days after the request is received. Upon a request to switch a disconnected customer to another local service provider, the DCTU shall release the customer's telephone line within five days after the request is received.(C) A DCTU shall not refuse to release a customer's telephone line and number due to the non-payment of a bill.(b) Nondominant certificated telecommunications utility (NCTU).(1) Application. Only paragraphs (2) - (4), (7)(A) - (D) and (10) of this subsection apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under PURA §52.154.(2) Suspension or disconnection policy. If an NCTU chooses to suspend or disconnect a customer's basic local telecommunications service, it must follow the procedures in this subsection or modify them in ways that are more generous to the customer in terms of the cause for suspension or disconnection, the timing of the suspension or disconnection notice, and the period between notice and suspension or disconnection. Each NCTU is encouraged to develop specific policies for suspension and disconnection that treat its customers with dignity and respect for customers' or members' circumstances and payment history, and to implement those policies in ways that are consistent and non-discriminatory. Suspension or disconnection are options allowed by the commission, not requirements placed upon the NCTU by the commission.(3) Suspension or disconnection with notice. After proper notice pursuant to paragraph (7) of this subsection, an NCTU may suspend or disconnect basic local telecommunications service for any legal reason that is clearly disclosed in the customer's terms and conditions of service.(4) Suspension or disconnection without notice. Basic local telecommunications service may be suspended or disconnected without notice for any of the following reasons:(A) where service is connected without authority;(B) where service was reconnected without authority; or(C) where there are instances of tampering with the NCTU's equipment, evidence of theft of service, or other acts to defraud the NCTU.(5) Suspension or disconnection prohibited. Basic local telecommunications service may not be suspended or disconnected for any of the following reasons:(A) failure to pay for any charges that are not provided for in an NCTU's tariff, schedule, list, terms and conditions of service, or customer-specific contract;(B) failure to pay for a different type or class of utility service unless charges were included on the bill at the time service was initiated;(C) failure to pay charges resulting from underbilling that is more than six months before the current billing, except for theft of service;(D) failure to pay disputed charges until a determination is made on the accuracy of the charges; or(E) failure of a residential customer to pay for any charges other than for residential local telecommunications services, except for the nonpayment of long distance charges incurred after toll blocking was imposed.(6) Suspension or disconnection on holidays or weekends. An NCTU shall not suspend or disconnect on holidays or weekends, or the day before a holiday or weekend, unless NCTU personnel are available on those days to take payments and reconnect service. An NCTU may suspend or disconnect service on holidays or weekends, or the day before a holiday or weekend, when:(A) a dangerous condition exists;(B) notice is not required pursuant to paragraph (4) of this subsection; or(C) the customer requests disconnection.(7) Suspension and disconnection notices. Any suspension or disconnection notice issued by an NCTU to a customer must:(A) not be issued to the customer before the first day after the bill is due. Payment of the delinquent bill at an NCTU's authorized payment agency is considered payment to the NCTU;(B) be a separate mailing or hand delivery or sent electronically if requested by the customer, with a stated date of suspension or disconnection and with the words \"suspension notice,\" or \"disconnection notice,\" or similar language prominently displayed on the notice;(C) have a suspension or disconnection date that is not less than ten days after the notice is issued;(D) be in English and Spanish; and(E) for residential customers, indicate the specific amount owed for local telecommunications services required to maintain basic local telecommunications service.(8) Residential customer payment allocations. Payment allocations related to basic local telecommunications service suspension or disconnection are as follows:(A) Payments shall first be allocated to basic local telecommunications service.(B) If services are bundled, the rate of basic local telecommunications service shall be the NCTU's charge for stand-alone basic local telecommunications service.(9) Toll blocking.(A) The NCTU may toll block a residential customer for the nonpayment of long distance charges.(B) Access to toll-free numbers. Where technically capable, toll blocking shall allow access to toll-free numbers.(C) Nondiscriminatory application. The NCTU shall not apply toll blocking in an unreasonably preferential, prejudicial, or discriminatory manner.(D) Notice requirement. The NCTU shall notify the customer within 24 hours of initiating toll blocking.(10) Release of telephone line.(A) Upon a request to switch a current customer to another local service provider, the NCTU shall release, or cause to release, the customer's telephone line and number to the preferred provider in a manner to expedite the switch without disruption in service.(B) Upon a request to switch a suspended customer to another local service provider, the NCTU shall release, or cause to release, the customer's telephone line and number within five days after the request is received. Upon a request to switch a disconnected customer to another local service provider, the NCTU shall release, or cause to release, the customer's telephone line within five days after the request is received.(C) An NCTU shall not refuse to release a customer's or former customer's telephone line and number due to the non-payment of a bill.(c) NCTU implementation. NCTUs shall implement this section no later than March 1, 2001.", "sourceNote": "Source Note: The provisions of this §26.28 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155908", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.29", "label": "Prepaid Local Telephone Service (PLTS)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215844", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. The provisions of this section shall apply to all dominant certificated telecommunications utilities (DCTUs) unless specifically indicated otherwise. A DCTU shall provide prepaid local telephone service (PLTS) as required by this section and shall not refuse to provide PLTS to an applicant for such service because the applicant is indebted to any DCTU or other telecommunications carrier for telecommunication services, including the carriage charges of interexchange carriers where the DCTU bills those charges under tariffs or contracts.(b) Eligible customers.(1) Former customers. In cases where a DCTU would refuse to provide service to an applicant for residential telephone service because of indebtedness to any DCTU or other telecommunications carrier, the applicant is eligible to receive PLTS as required by this section.(2) Current customers. A current residential customer who has not been disconnected but who has received a notice following suspension of service for non-payment for services is eligible to receive PLTS as required by this section.(3) Applicant previously disconnected from PLTS by a DCTU. Any applicant who was previously disconnected from PLTS by a DCTU, pursuant to subsection (e)(6) of this section, does not have the right to receive PLTS from that DCTU again.(4) Business customers shall not be eligible for PLTS.(c) Requirements for notifying customers about PLTS. A DCTU shall provide notice to its customers about PLTS as required by this subsection.(1) Timing of notice.(A) If the DCTU's standard practice is to suspend a customer's service for non-payment of charges before disconnecting service, it shall notify the customer of the availability of PLTS in the suspension notice.(B) If the DCTU's standard practice is to disconnect a customer's service without suspension, the DCTU shall notify such customer of the availability of PLTS within three days after disconnection.(2) Content of notice. The notice provided by a DCTU offering PLTS shall be reviewed in the DCTU's compliance filing and shall notify customers of the rates, terms, and conditions of PLTS, as described in subsection (e) of this section, including:(A) a customer's eligibility to enter into the PLTS plan;(B) a description of the PLTS plan including its features, charges, and options;(C) a customer's responsibility to make an initial payment for PLTS and any applicable service connection charges, as defined in subsection (e)(2)(A) of this section;(D) a customer's responsibility to make the initial deferred payment, if applicable, in the third billing cycle and every month thereafter, for up to 12 months;(E) a customer's responsibility not to incur additional charges for calls, including long distance or other usage-sensitive services that will be charged on the local telephone bill, nor to subscribe to any services other than those included in PLTS, as defined in §26.5 of this title (relating to Definitions);(F) a customer's violation of the terms and conditions of the PLTS plan may result in disconnection;(G) if a customer is disconnected for violation of the terms and conditions of the PLTS plan, a DCTU has the right to retain and apply any credit in the PLTS account to the customer's outstanding balances for telecommunications services;(H) If a customer is disconnected for violation of the terms and conditions of the PLTS plan, that customer does not have the right to receive PLTS from that DCTU again;(I) the customer's responsibility to subscribe to PLTS within a certain time period in order to defer service restoration or connection charges as described in subsection (e)(1)(B) of this section; and(J) the customer's right to receive basic local telephone service without entering PLTS if the customer does not owe for basic local telephone charges. (This right shall be prominently displayed on the notice and shall be communicated to a customer anytime the utility notifies a customer of the rates and conditions of PLTS).(d) Subscription to PLTS.(1) Customer request to subscribe to PLTS. To subscribe to PLTS, an eligible customer must contact the DCTU during regular business hours to request PLTS.(2) Confirmation letter. Within 24 hours after a customer requests PLTS, the DCTU shall mail the customer a confirmation letter in English or Spanish as necessary, explaining the PLTS plan, including the customer's rights and responsibilities upon enrollment and information about the rates, terms, and conditions of service under the PLTS plan.(e) Rates, terms, and conditions of PLTS. A DCTU shall offer PLTS under the following terms and conditions:(1) Rates for PLTS.(A) The monthly rate for PLTS shall include only:(i) the applicable residential tariffed rate (or lifeline rates, if applicable) for services included in the PLTS definition in §26.5 of this title;(ii) tariffed charges for non-listed and non-published service, if requested by the customer; and(iii) surcharges and fees authorized by a governmental entity that are billed by the DCTU, including 911, subscriber line charges, sales tax, and municipal fees.(B) Non-recurring rates.(i) If a DCTU does not suspend basic local service before disconnection, the DCTU must defer service connection charges until the customer returns to basic local telecommunications service. However, if a customer does not subscribe to PLTS within ten days from the date the DCTU mailed a termination notice containing notice of PLTS eligibility, the DCTU may charge service connection charges when subscribing to PLTS.(ii) If a DCTU suspends basic local service prior to disconnection, the DCTU must defer service restoration charges until the subscribing customer returns to basic local telecommunications service.(C) Late charges. The DCTU shall not assess late charges on a PLTS customer.(2) Payments under PLTS.(A) A DCTU may require the residential PLTS customer to make an initial payment for service, which shall not exceed:(i) the rates as described in paragraph (1)(A) of this subsection for up to two months of service; and(ii) applicable non-recurring service connection charges.(B) A DCTU shall not require subsequent monthly payments that exceed the rates for one month of PLTS. The due date of monthly payments shall be based on the DCTU's regular monthly billing cycle.(C) A customer may be required to make payments under the deferred payment plan according to paragraph (4) of this subsection.(3) Toll blocking. PLTS subscribers shall have mandatory toll blocking and usage sensitive blocking placed on the telephone lines.(A) Customer responsibility. A customer subscribing to PLTS shall not place or receive calls, including long distance or other usage-sensitive services, for which additional charges are billed to the customer's telephone number, nor subscribe to any services other than those included in PLTS.(B) DCTU responsibility. The DCTU shall notify the customers of their responsibilities under PLTS when the customer inquires about the service in the confirmation letter.(4) Deferred payment plan under PLTS. As a condition of subscribing to PLTS, the DCTU may require an applicant to enter into a deferred payment plan for any outstanding debt owed to the DCTU for basic local telephone service. The DCTU shall not require an applicant to enter into a deferred payment plan to pay any outstanding debt for any services that the customer cannot use under PLTS including long distance services. If the DCTU is unable to determine the amount of outstanding debt, the DCTU shall not require an applicant to enter into a deferred payment plan.(A) Determination of deferred payment plan amount. To determine the deferred payment plan amount, the DCTU shall:(i) determine the amount the customer owes for basic local telephone service;(ii) apply any undesignated partial payment made by the customer before subscribing to PLTS to past debt for local telecommunications service; and(iii) not reallocate any undesignated partial payments assigned under clause (ii) of this subparagraph to amounts not yet incurred for basic local telecommunications service.(B) Monthly payments under the deferred payment plan.(i) A deferred payment plan for past due charges shall not require the applicant to make monthly payments which exceed $10 per month or one-twelfth of the outstanding debt as determined in subparagraph (A) of this paragraph, whichever is greater.(ii) If the DCTU and PLTS customer enter into a deferred payment, the initial deferred payment shall be billed beginning with the third billing cycle after initiation of service and on a monthly basis thereafter.(5) Customer deposit. No deposit shall be required from any residential applicant for PLTS.(6) Disconnection of PLTS.(A) Disconnection with notice. A DCTU may disconnect PLTS after notice for any of the following reasons:(i) failure to comply with the terms of a deferred payment plan for PLTS;(ii) upon conclusion of all periods for which an advance payment has been applied to the PLTS account and when the customer's PLTS account has a zero balance; or(iii) violation of the DCTU's rules on using PLTS in a manner which interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer has a reasonable opportunity to remedy the situation.(B) Disconnection without notice. A DCTU may immediately disconnect PLTS without notice:(i) if the customer accrues new charges for toll or other services on the telephone bill as described in paragraph (3) of this subsection;(ii) where a known dangerous condition exists for as long as the condition exists; or(iii) where service is connected without authority by a person who has not applied for the service or who has reconnected service without authority after termination.(C) Notice after disconnection. If a PLTS customer is disconnected under subparagraph (A) or (B) of this paragraph, a DCTU shall send a final notice stating that the customer is permanently disconnected from PLTS and that the customer shall not be eligible for PLTS from that DCTU. That notice shall also state the terms and conditions that the customer must satisfy before the customer can return to basic local telecommunications service.(f) Return to basic local telecommunications service.(1) A customer subscribing to PLTS may return to basic local telecommunications service if the customer has paid:(A) all outstanding debt to the DCTU, including the carriage charges of interexchange carriers where the DCTU bills those charges pursuant to tariffs or contracts; and(B) bills for PLTS.(2) When a customer completes the obligations identified in paragraph (1) of this subsection, a DCTU shall notify the customer of the:(A) eligibility requirements for returning to basic local telecommunications services;(B) option of receiving basic local telecommunications service with toll blocking and/or usage sensitive blocking; and(C) requirement to contact the DCTU if the customer wants to return to basic local telecommunications service.(3) If the customer is eligible to return to basic local telecommunications service, the customer shall:(A) request basic local telecommunications service from the DCTU; and(B) pay the service restoration fee, if applicable.(g) Customer education.(1) The commission shall provide information about the PLTS plan to customers.(2) A DCTU subject to the requirements of this section shall provide information about the PLTS plan annually in customers' bills. This information shall be subject to review during the DCTU's compliance filing.(3) A DCTU or its affiliate publishing a white pages directory on behalf of the DCTU shall disclose in clear language the availability, terms, and conditions of the PLTS plan in the section of the directory stating the rights of a customer.(h) Toll and usage sensitive blocking capability.(1) The DCTU shall provide toll blocking and usage sensitive blocking to its maximum technical capability.(A) If the DCTU's tariffs reflect its maximum technical capability, it shall provide toll blocking and usage sensitive blocking as stated in those tariffs.(B) If the DCTU's tariffs do not reflect its maximum technical blocking capability, it shall inform the commission of the maximum level of blocking it is required to provide under PLTS in its compliance filings.(C) If the DCTU does not have a tariff for toll or usage sensitive blocking but has such technical capability, it shall inform the commission of the maximum level of blocking it is required to provide under PLTS in its compliance filings.(D) As the DCTU's blocking capability increases, it shall notify the commission and provide such enhanced blocking under PLTS.(2) Where technically capable, toll blocking shall not deny access to toll-free numbers.(3) When imposing a toll or usage sensitive services block, the DCTU shall do so in a manner that is not unreasonably preferential, prejudicial, or discriminatory.(i) Waiver request.(1) A DCTU may request exemption from the requirements of this section, on a wire-center by wire-center basis, if it cannot meet the toll blocking and/or usage sensitive requirements.(2) A DCTU requesting a waiver shall fully document in its compliance filings the technical reasons for its inability to toll and/or usage sensitive block and indicate when such technical capability will be available in the wire center.(3) A waiver shall expire when the DCTU acquires the capability to block toll and/or usage sensitive services or when the DCTU is required to acquire the capability to toll and/or usage sensitive block by federal or state law or regulations, whichever comes first. The DCTU shall notify the commission in writing within 30 days of acquiring or being required to acquire the capability.(j) Interexchange carrier (IXC) notification. A DCTU serving 31,000 or more access lines and that is not a cooperative corporation shall:(1) Within 24 hours after a customer subscribes to PLTS, include a notice in the Customer Access Record Exchange (CARE) or similar report if developed by the DCTU, and the Line Identification Database (LIDB) indicating that the customer is subscribed to PLTS and any number changes;(2) Make access to the information contained in LIDB available to all IXCs serving the customer's area; and(3) If CARE, or similar report if developed by the DCTU, and LIDB are not available, the DCTU shall specify in its tariffs a comparable method of providing such notice to IXCs serving the area indicating a customer's subscription to PLTS; and(4) This subsection should not be interpreted as expanding access to CARE, or similar report if developed by the DCTU, to IXCs other than the customers' presubscribed carriers.", "sourceNote": "Source Note: The provisions of this §26.29 adopted to be effective May 6, 1999, 24 TexReg 3329; amended to be effective December 29, 1999, 24 TexReg 11728; amended to be effective April 4, 2012, 37 TexReg 2178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215844", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.30", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215845", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints to a certificated telecommunications utility (CTU). A customer or applicant for a service may submit a complaint to a CTU either in person, by letter, telephone, or by any other means determined by the CTU. For purposes of this section, a complainant is a customer or applicant for a service that has submitted a complaint to a CTU or to the commission.(1) Initial investigation. The CTU must investigate the complaint and advise the complainant of the results of the investigation within 21 days of receipt of the complaint. A CTU must inform customers of the right to receive these results in writing.(2) Supervisory review by the CTU. If a complainant is not satisfied with the initial response to the complaint, the complainant may request a supervisory review by the CTU.(A) A CTU supervisor must conduct the supervisory review and inform the complainant of the results of the review within ten days of receipt of the complainant's request for a review. A CTU must inform customers of the right to receive these results in writing.(B) A complainant who is dissatisfied with a CTU's supervisory review must be informed of:(i) the right to file a complaint with the commission;(ii) the commission's informal complaint resolution process;(iii) the following contact information for the commission:(I) Mailing Address: PUCT, Consumer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326;(II) Phone Number: (512) 936-7120 or in Texas (toll-free) 1-888-782-8477;(III) FAX: (512) 936-7003;(IV) E-mail address: consumer@puc.texas.gov;(V) Internet address: http.//www.puc.texas.gov;(VI) Relay Texas (toll-free): 1-800-735-2989.(b) Complaints to the commission. The commission may only review a complaint of a retail or wholesale customer against a deregulated company or exempt carrier that is within the scope of the commission's authority provided in Public Utility Regulatory Act (PURA) §65.102.(1) Informal complaints.(A) The complaint to the commission should include:(i) The complainant's name, address, and telephone number.(ii) The name of the CTU or subsidiary company against which the complaint is being made.(iii) The customer's account or phone number.(iv) An explanation of the facts relevant to the complaint.(v) Any other information or documentation which supports the complaint.(B) Upon receipt of a complaint from the commission, a CTU must investigate and advise the commission in writing of the results of its investigation within 15 days of the date the complaint was forwarded by the commission.(C) The commission will:(i) review the CTU's investigative results;(ii) determine a resolution for the complaint; and(iii) notify the complainant and the CTU in writing of the resolution.(D) While any informal complaint process is ongoing at the commission:(i) basic local telecommunications service must not be suspended or disconnected for the nonpayment of disputed charges; and(ii) a customer is obligated to pay any undisputed portion of the bill.(E) The CTU must keep a record of any informal complaint forwarded to it by the commission for two years after the determination of that complaint.(i) This record must show the name and address of the complainant, and the date, nature, and adjustment or disposition of the complaint.(ii) A CTU is not required to keep records of protests regarding commission-approved rates or charges that require no further action by the CTU.(2) Formal complaints. If the complainant is not satisfied with the results of the informal complaint process, the complainant may file a formal complaint with the commission. This process may include the formal docketing of the complaint as provided by §22.242 of this title (relating to Complaints).", "sourceNote": "Source Note: The provisions of this §26.30 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215845", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.31", "label": "Disclosures to Applicants and Customers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215846", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Subsection (b)(4)(C)(viii) of this section does not apply to a deregulated company holding a certificate of operating authority, or to an exempt carrier that meets the criteria of Public Utility Regulatory Act (PURA) §52.154.(b) Certificated telecommunications utilities (CTU). The disclosure requirements of this subsection only apply to residential customers and business customers with five or fewer customer access lines.(1) Promotional requirements. Promotions, including advertising and marketing, conducted by a CTU must comply with the following:(A) If any portion of a promotion is translated into another language, then all portions of the promotion must be translated into that language. Promotions containing a single informational line or sentence in another language to advise a person on how to obtain the same promotional information in a different language are exempt from this requirement.(B) Promotions must not be fraudulent, unfair, misleading, deceptive, or anti-competitive as prohibited by federal and state law.(2) Prior to acceptance of service. A CTU must provide the following information to an applicant before the applicant accepts service:(A) notice that the customer will receive the information packet described in paragraphs (3) and (4) of this subsection;(B) an explanation of each product or service being offered;(C) a description of how each charge will appear on the telephone bill;(D) any applicable minimum contract service terms;(E) disclosure of all money that must be paid prior to installation of a new service or transfer of an existing service to a new location, and whether the money is refundable;(F) disclosure of construction charges in accordance with §26.22 of this title (relating to Request for Service);(G) information about any necessary change in the applicant's telephone number;(H) disclosure of the company's cancellation policy; and(I) information on whom to call and a working toll-free number for customer inquiries.(3) Terms and conditions of service. A CTU must provide information regarding terms and conditions of service to customers in writing and free of charge at the initiation of service. Upon request, a customer is entitled to receive an additional copy of the terms and conditions of service free of charge from the CTU every calendar year. Any contract offered by a CTU must include the terms and conditions of service. A CTU is prohibited from offering a customer a contract or terms and conditions of service that waives the customer's rights under federal or state law, or commission rule.(A) The information must be:(i) sent to the new customer before payment for a full bill is due;(ii) clearly labeled to indicate it contains the terms and conditions of service;(iii) provided in a readable format written in plain, non-technical language; and(iv) provided in the same language in which the CTU markets the service.(B) The following information must be included:(i) each rate and charge as it will appear on the telephone bill;(ii) an itemization of each charge that may be imposed on the customer, including charges for late payments and returned checks;(iii) a full description of each product or service to which the customer has subscribed;(iv) any applicable minimum contract service terms and fees for cancellation or early termination;(v) all money that must be paid prior to installation of new service or transfer of existing service to a new location and whether the money is refundable;(vi) applicable construction charges in accordance with §26.22 of this title;(vii) any necessary change in the applicant's telephone number;(viii) the company's cancellation or early termination policy;(ix) an operational toll-free number for customer service; and(x) the provider's legal business name used for providing telecommunications services in the state.(4) Customer rights. At the initiation of service, a CTU must provide to a customer information regarding customer rights in writing and free of charge.(A) The informational disclosures relating to customer protections required by subparagraph (C) of this paragraph must be:(i) sent to the new customer before payment for a full bill is due;(ii) clearly labeled to indicate the customer protection disclosures contain information regarding customer rights;(iii) provided in a readable format and written in plain, non-technical language; and(iv) provided in the same language in which the CTU markets the service.(B) The CTU must also provide:(i) the information in subparagraph (C) of this paragraph to each customer at least every other year at no charge; or(ii) a printed statement on the bill or a billing insert identifying where the information in subparagraph (C) of this paragraph can be obtained. The statement must be provided to each customer every six months.(C) The following informational disclosures relating to customer protections must be provided by the CTU:(i) the CTU's customer credit requirements and the circumstances under which a customer deposit or an additional deposit may be required, the manner in which a deposit and interest paid on deposits are calculated, the time frame and requirements for return of the deposit to the customer, and any other terms and conditions related to deposits;(ii) the time period for payment of outstanding bills without incurring a penalty and the amount and conditions under which a penalty may be applied to delinquent bills;(iii) the grounds for suspension or disconnection of service;(iv) the requirements a CTU must meet to suspend or disconnect service;(v) the requirements a CTU must meet for resolving billing disputes and how disputes affect suspension or disconnection of service;(vi) information on alternative payment plans offered by the CTU, including payment arrangements and deferred payment plans. A CTU must provide to each customer a statement that the customer has the right to request these alternative payment plans;(vii) the requirements to have the customer's service restored or reconnected after involuntary suspension or disconnection;(viii) a customer's right to continue local service as long as full payment for local service is timely made;(ix) information regarding protections against unauthorized billing charges (\"cramming\") and selection of telecommunications utilities (\"slamming\") as required by §26.32 of this title (relating to Protection Against Unauthorized Billing Charges (\"Cramming\")) and §26.130 of this title (relating to Selection of Telecommunications Utilities), respectively;(x) the customer's right to file a complaint with the CTU, the procedures for a supervisory review, and the customer's right to file a complaint with the commission regarding any matter concerning the CTU's service. The commission's contact information: PUCT, Consumer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, e-mail address: consumer@puc.texas.gov, Internet address: www.puc.texas.gov, and Relay Texas (toll-free) 1-800-735-2989, must accompany this information;(xi) the hours, addresses, and telephone numbers of each CTU office where bills may be paid and customer service information may be obtained, or a toll-free number at which the customer may obtain such information;(xii) a toll-free telephone number or equivalent, such as the use of wide area telephone service or acceptance of collect calls, that a customer may call to report service problems or make billing inquiries;(xiii) a statement that each CTU service is provided without discrimination as to a customer's race, color, sex, nationality, religion, marital status, income level, source of income, or from unreasonable discrimination on the basis of geographic location;(xiv) a summary of the company's policy regarding the provision of credit history based upon the credit history of a customer's former spouse;(xv) notice of any special services such as readers or notices in Braille, if available, the phone number for Relay Texas: 1-800-735-2989, and any teletypewriter or text telephone service offered by the CTU;(xvi) how a customer with a physical disability, and those who care for them, can identify themselves to the CTU so that special action can be taken to appropriately inform these persons of their rights; and(xvii) if a CTU is offering Lifeline Service in accordance with §26.412 (relating to Lifeline Service Program), how information about customers who qualify for Lifeline Service may be shared between each relevant state agency and the customer's phone service provider.(5) Notice of changes. A CTU must provide each customer written notice between 30 and 60 calendar days in advance of a material change in the terms and conditions of service or customer rights and must give each customer the option to decline any material change in the terms and conditions of service and cancel service without penalty due to the material change in the terms and conditions of service. This paragraph does not apply to changes that are beneficial to the customer such as a price decrease or changes required by law.(6) Right of cancellation.(A) A CTU must provide each residential applicant and customer the right of rescission in accordance with applicable law.(B) If a residential applicant or customer enrolls in a contract with a minimum duration exceeding 31 days, a CTU must promptly provide the applicant or customer with the terms and conditions of service after the applicant or customer has provided authorization to CTU. The CTU must offer the applicant or customer a right to cancel the contract without penalty or fee for a period of six working days after the terms and conditions of service are mailed or sent electronically to the applicant or customer.(c) Dominant certificated telecommunications utility (DCTU). In addition to the requirements of subsection (b) of this section, the following requirements apply to residential customers and business customers with five or fewer customer access lines.(1) Prior to acceptance of service. Before an applicant signs a contract for service, or a DCTU accepts any money for new residential service or transfers a customer's existing residential service to a new location, the DCTU must provide to each applicant the following:(A) information relating to the DCTU's residential service alternatives, beginning with the lowest-priced option, and the range of service offerings available within the applicant's service area with full consideration to the cost associated with applicable equipment options and installation charges; and(B) a statement written in plain English or Spanish that clearly informs the applicant about the availability of Lifeline Service.(2) Customer rights.(A) If a DCTU provides the same information as required by subsection (b)(4)(C) of this section in the telephone directories provided to each customer in accordance with §26.128 of this title (relating to Telephone Directories), the DCTU must provide a printed statement on each customer's bill or a billing insert identifying the location of the information within the telephone directory. The statement or billing insert must be provided to customers at least every six months.(B) The information required by subsection (b)(4)(C) of this section and this subsection must be provided in plain English and Spanish; however, a DCTU is exempt from the Spanish language requirement if 10% or fewer of its customers are exclusively Spanish-speaking. If the DCTU is exempt from the Spanish language requirement, it must notify each customer through a statement provided in plain English and Spanish, in the customer rights disclosures that the information is available in Spanish from the DCTU, by mail or from the DCTU's offices.(C) The information required in subsection (b)(4)(C) of this section must also include:(i) the customer's right to information about rates and services;(ii) the customer's right to inspect or obtain at reproduction cost a copy of the applicable tariffs and service rules;(iii) information on prohibitions for disconnection of local service for the ill and disabled;(iv) information on the availability of prepaid local telephone service as required by §26.29 of this title (relating to Prepaid Local Telephone Service (PLTS)); and(v) information regarding privacy issues as required by §26.121 of this title (relating to Privacy Issues).", "sourceNote": "Source Note: The provisions of this §26.31 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215846", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.32", "label": "Protection Against Unauthorized Billing Charges (\"Cramming\")" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148512", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section are intended to ensure that each customer in this state is protected from unauthorized charges on a customer's telecommunications utility bill. This section establishes the requirements necessary to obtain and verify customer consent for charges for any product or service before the associated charges appear on the customer's telephone bill.(b) Application. This section applies to all \"billing agents,\" \"billing telecommunications utilities,\" and \"service providers\" as those terms are defined in §26.5 of this title (relating to Definitions) or the Public Utility Regulatory Act (PURA). This section does not apply to:(1) an unauthorized change in a customer's local or long distance service provider, which is addressed under §26.130 of this title (relating to Selection of Telecommunications Utilities);(2) message telecommunications charges that are initiated by dialing 1+, 0+, 0-, 1010XXX, or collect calls and charges for video services, if the service provider has the necessary call record detail to establish the billing for the call or service; and(3) a provider of commercial mobile radio service as defined in PURA §51.003(5).(c) Definition. The term \"customer,\" when used in this section, means the account holder, including the account holder's spouse, in whose name the telephone service is billed, including individuals, governmental units at all levels of government, corporate entities, and any other entity or person with the legal capacity to request to be billed for telephone service.(d) Requirements for billing authorized charges. A service provider or billing agent must comply with this subsection before submitting charges for any product or service for billing on a customer's telephone bill:(1) Inform the customer. The service provider offering the product or service must thoroughly inform each customer of the product or service being offered, including each charge associated with the product or service, and must inform each customer that the associated charges for the product or service will appear on the customer's telephone bill.(2) Obtain customer consent. The service provider must obtain clear and explicit consent from the customer, verified in accordance with subsection (f) of this section, to obtain the product or service being offered and to have each charge associated with the service appear on the customer's telephone bill. A record of the customer's verified consent must be maintained by the service provider offering the product or service for at least 24 months immediately after the verified consent was obtained.(3) Provide contact information. The service provider offering the product or service, and any billing agent for the service, must provide each customer with a toll-free telephone number that the customer may call, and an address to which the customer may write, to resolve any billing dispute and to obtain answers to any questions.(4) Provide business information. The service provider, other than the billing telecommunications utility, and its billing agent must provide the billing telecommunications utility with the service provider's name, business address, and business telephone number.(5) Obtain billing telecommunications utility authorization. The service provider and its billing agent must execute a written agreement with the billing telecommunications utility to bill for a product or service on the billing telecommunications utility's telephone bill. Record of this agreement must be maintained by: (A) the service provider;(B) any billing agent for the service provider; and(C) the billing telecommunications utility for as long as the billing for the product or service continues, and for the 24 months immediately following the permanent discontinuation of the billing for that product or service.(e) Post-termination billing. A service provider must not bill a customer for a product or service after the termination or cancellation date for that product or service unless the bill is for a product or service provided prior to the termination or cancellation date; or the service provider subsequently obtains customer consent and verification of that consent in accordance with this section.(f) Verification requirements.(1) Verification of a customer's consent for an order of a product or service must include:(A) the date of the customer's consent;(B) the date of the customer's verification of consent;(C) the name and telephone number of the customer; and(D) the exact name of the service provider as it will appear on the customer's bill.(2) Verification of a customer's consent for an order of a product or service may not include discussion of any incentives that were or may have been offered by the service provider and must be limited to, without explanation, the identification of:(A) each offered product or service;(B) applicable charges;(C) how a product or service can be cancelled, including any charges associated with terminating the product or service; and(D) how the charge will appear on the customer's telephone bill.(3) During any communication with a customer to verify that the customer's consent for a product or service, the independent third-party verifier or the sales representative, of the service provider must, after sufficient inquiry, ensure that the customer is authorized to order the product or service and obtains the explicit acknowledgment from the customer that charges for the product or service ordered by the customer will be assessed on the customer's telephone bill.(4) Except in customer-initiated transactions with a certificated telecommunications utility for which the service provider has the appropriate documentation obtained in accordance with subsection (d) of this section, verification of customer consent to an order for a product or service must be verified by one or more of the following methods:(A) Written or electronically signed documentation.(i) Written or electronically signed verification of consent must be provided in a separate document containing only the information required by paragraphs (1) and (2) of this subsection for the sole purpose of verifying the consent for a product or service on the customer's telephone bill. A customer must be provided the option of using another form of verification as an alternative to an electronically signed verification.(ii) The document must be signed and dated by the customer. Any electronically signed verification must include the customer disclosures required by the Electronic Signatures in Global and National Commerce Act 47 United States Code §7001(c).(iii) The document must not be combined with inducements of any kind on the same document, screen, or webpage.(iv) If any portion of the document, screen or webpage is translated into another language, then all portions of the document must be translated into that language. Every document must be translated into the same language as any promotional materials, or oral or written descriptions or instructions provided with the document, screen, or webpage.(B) Toll-free electronic verification placed from the telephone number that is the subject of the product or service, except in exchanges where automatic number identification (ANI) from the local switching system is not technically possible. The service provider must:(i) ensure that the electronic verification confirms the information required by paragraphs (1) and (2) of this subsection for the sole purpose of verifying the customer's consent for a product or service on the customer's telephone bill; and(ii) establish one or more toll-free telephone numbers exclusively for the purpose of verifying the customer's consent of charges for the product or service so that the customer calling the toll-free number will reach a voice response unit or similar mechanism regarding the customer consent for the product or service and automatically records the ANI from the local switching system.(iii) Automated systems must provide customers the option of speaking with a live person at any time during the call.(C) Voice recording by service provider.(i) The recorded conversation with a customer must be clear and easy-to-understand, and must contain the information required by paragraphs (1) and (2) of this subsection.(ii) The recording must be clear and audible.(iii) The recording must include the entire and actual conversation with the customer on audio tape, a wave sound file, or other recording device that is compatible with the commission's equipment. (iv) The recording must be dated and include a clear and conspicuous confirmation that the customer consented to recording the conversation and authorized the charges for a product or service on the customer's telephone bill.(D) Independent Third-Party Verification. Independent third-party verification of consent must meet the following requirements: (i) Verification must be given to an independent and appropriately qualified third party with no participation by a service provider, except as provided in clause (vii) of this subparagraph. (ii) Verification must be recorded.(iii) The recorded conversation with a customer must contain explicit customer consent to record the conversation, be in a clear and easy-to-understand manner and must comply with each of the requirements of paragraphs (1) and (2) of this subsection for the sole purpose of verifying the customer's consent of the charges for a product or service on the customer's telephone bill.(iv) The recording must be clear and audible.(v) The independent third-party verification must be conducted in the same language used in the sales transaction.(vi) Automated systems must provide customers the option of speaking with a live person at any time during the call.(vii) A service provider or its sales representative initiating a three-way call or a call through an automated verification system must disconnect from the call once a three-way connection with the third-party verifier has been established unless the service provider meets the following requirements:(I) the service provider files a sworn written certification with the commission that the sales representative is unable to disconnect from the sales call after initiating third party verification. Such certification should provide sufficient information describing the reasons for the inability of the sales agent to disconnect from the line after the third-party verification is initiated. The service provider is exempt from this requirement for a period of two years from the date the certification was filed with the commission;(II) the service provider seeking to extend its exemption from this clause must, before the end of the two-year period, and every two years thereafter, recertify to the commission its continued inability to comply with this clause.(III) The independent third party verification must immediately terminate if the sales agent of an exempt service provider, in accordance with subclause (I) of this clause, responds to a customer inquiry, speaks after third party verification has begun, or in any manner prompts one or more of the customer's responses.(viii) The independent third party must:(I) not be owned, managed, directed or directly controlled by the service provider or the service provider's marketing agent;(II) not have financial incentive to verify the consent to charges; and (III) operate in a location that is physically separate from the service provider or the service provider's marketing agent.(ix) The recording must include the entire and actual conversation with the customer on audio tape, a wave sound file, or other recording device that is compatible with the commission's equipment. (x) The recording must be dated and include clear and conspicuous confirmation that the customer authorized the charges for a product or service on the customer's telephone bill.(5) Any other verification method approved by the FCC.(6) A record of the verification required by subsection (f) of this section must be maintained by the service provider offering the product or service for at least 24 months immediately after the verification was obtained from the customer.(g) Expiration of consent and verification.(1) If a customer consents to obtain a product or service but that product or service is not provided within 60 calendar days from the date of customer consent:(A) The customer's consent is null and void, and(B) Before the charge may appear on the customer's bill, the service provider must obtain new consent and verification of that new consent in accordance with this section.(2) Paragraphs (1)(A) and (B) of this subsection do not apply to a verification of consent relating to multi-line or multi-location business customers that have entered into negotiated agreements with a service provider for a product or service provisioned under, and during the term of, the agreement. The verified consent must be valid for the period specified in the agreement.(h) Unauthorized charges.(1) Responsibilities of the billing telecommunications utility for unauthorized charges. If a customer is charged for any product or service without proper customer verified consent in compliance with this section, the telecommunications utility that billed the customer must promptly, but not later than 45 calendar days upon becoming aware an unauthorized charge meet the following requirements:(A) A billing telecommunications utility must:(i) notify the service provider to immediately cease charging the customer for the unauthorized product or service;(ii) remove the unauthorized charge from the customer's bill;(iii) refund or credit to the customer all money that has been paid by the customer for any unauthorized charge, and if any unauthorized charge that has been paid is not refunded or credited within three billing cycles, must pay interest at an annual rate established by the commission in accordance with §26.27 of this title (relating to Bill Payment and Adjustments) on the amount of any unauthorized charge until it is refunded or credited;(iv) upon the customer's request, provide the customer with all billing records under its control related to any unauthorized charge within 15 working days after the date of the removal from the customer's telephone bill;(v) provide the service provider with the date the customer requested that the unauthorized charge be removed from the customer's bill and the dates of the actions required by clauses (ii) and (iii) of this subparagraph, and(vi) maintain on an ongoing basis, a rolling 24 month record of every customer who has experienced any unauthorized charge for a product or service on the customer's telephone bill and has notified the billing telecommunications utility of the unauthorized charge. The record must contain for each alleged unauthorized charge:(I) the name of the service provider that offered the product or service;(II) each affected telephone number and address;(III) the date each customer requested that the billing telecommunications utility remove the unauthorized charge from the customer's telephone bill;(IV) the date the unauthorized charge was removed from the customer's telephone bill; and(V) the date the customer was refunded or credited any money that the customer paid for the unauthorized charges.(B) A billing telecommunications utility must not:(i) suspend or disconnect telecommunications service to any customer for nonpayment of an unauthorized charge; or(ii) file an unfavorable credit report against a customer who has not paid charges that the customer has alleged were unauthorized unless the dispute regarding the unauthorized charges is ultimately resolved against the customer. The customer must remain obligated to pay any charges that are not in dispute, and this paragraph does not apply to those undisputed charges.(2) Responsibilities of the service provider for unauthorized charges. The service provider responsible for placing any unauthorized charge on a customer's telephone bill must:(A) immediately cease billing upon notice from the customer or the billing telecommunications utility for a product or service that a charge for such product or service has not been authorized by the customer;(B) for at least 24 months following the completion of the steps required by paragraph (1)(A) of this subsection, maintain a record for every disputed charge for a product or service on the customer's telephone bill. Each record must contain:(i) each affected telephone number and address;(ii) the date the customer requested that the billing telecommunications utility remove the unauthorized charge from the customer's telephone bill;(iii) the date the unauthorized charge was removed from the customer's telephone bill; and(iv) the date that action was taken to refund or credit to the customer any money that the customer paid for the unauthorized charges; and(C) not resubmit any unauthorized charge to the billing telecommunications utility for any past or future period.(i) Notice of customer rights.(1) Each notice, as provided under paragraph (2) of this subsection, must also contain the billing telecommunications utility's name, address, and a working, toll-free telephone number for customer contacts.(2) Every billing telecommunications utility must provide the following notice, verbatim, to each of the utility's customers:Attached Graphic(3) Distribution and timing of notice.(A) Each billing telecommunications utility must mail the notice as provided under paragraph (2) of this subsection to each of its residential and business customers within 60 calendar days after the effective date of this section, or by inclusion in the next publication of the utility's telephone directory following 60 calendar days after the effective date of this section. Each billing telecommunications utility must send the notice to new customers at the time service is initiated or upon customer request.(B) Every telecommunications utility that prints its own telephone directory must print the notice in the white pages of the directory, in nine point print or larger, beginning with the first publication of the directory after 60 calendar days following the effective date of this section. Subsequently, the notice must appear in the white pages of each telephone directory published by or for the telecommunications utility.(4) Any bill sent to a customer from a telecommunications utility must include a statement, prominently located on the bill, that if the customer believes the bill includes unauthorized charges, the customer may contact: Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or toll-free in Texas at (888) 782-8477. Hearing and speech-impaired individuals may contact the commission through Relay Texas at 1-800-735-2989.(5) Each billing telecommunications utility must, as necessary to adequately inform the customer, make available to its customers the notice as set out in paragraph (2) of this subsection in both plain English and Spanish. The commission may exempt a billing telecommunications utility from the requirement that the information be provided in Spanish upon an application showing that:(A) 10% or fewer of its customers are exclusively Spanish-speaking; and (B) a confirmation that the billing telecommunications utility will notify all customers through an addendum to the notice that states, in plain English and Spanish, that the information is available in Spanish from the telecommunications utility, both by mail and at the utility's offices.(6) The customer notice requirements in paragraphs (1) and (2) of this subsection may be combined with the notice requirements of §26.130(g)(3) of this title if the information required by each is in the combined notice.(7) The customer notice requirements in paragraph (4) of this subsection may be combined with the notice requirements of §26.130(i)(4) of this title if the information required by each is in the combined notice. (j) Complaints to the commission. A customer may file a complaint with the commission's Consumer Protection Division (CPD) against a service provider, billing agent or billing telecommunications utility for any reason related to the provisions of this section.(1) Customer complaint information. CPD may request, at a minimum, the following information:(A) the customer's name, address, and telephone number;(B) a brief description of the facts of the complaint;(C) a copy of the customer's and spouse's legal signature; and(D) a copy of the most recent phone bill and any prior phone bill that show the alleged unauthorized product or service.(2) Service provider's, billing agent's or billing telecommunications utility's response to complaint. After review of a customer's complaint, CPD must forward the complaint to the service provider, billing agent or billing telecommunications utility named in that complaint. The service provider, billing agent or telecommunications utility must respond to CPD within 15 calendar days after CPD forwards the complaint. The response must include, to the extent it is within the custody or control of the service provider, billing agent or billing telecommunications utility, the following:(A) all documentation related to verification of customer consent used to charge the customer for the product or service; and(B) all corrective actions taken as required by subsection (h) of this section, if the customer's consent for the charge for the product or service was not verified in accordance with subsection (f) of this section.(k) Compliance and enforcement.(1) Records of customer verifications. A service provider, billing agent or billing telecommunications utility must provide a copy of records maintained under the requirements of subsections (d) and (f) of this section to the commission staff within 21 calendar days of a request for such records.(2) Records of disputed charges. A billing telecommunications utility or a service provider must provide a copy of records maintained under the requirements of subsection (h) of this section to the commission staff within 21 calendar days of a request for such records.(3) Failure to provide thorough response. The proof of verified consent as required under subsection (j)(2)(A) of this section must establish a verified authorized charge in the manner prescribed by subsection (f) of this section. Failure to timely submit a response that addresses the complainant's assertions within the time specified in subsections (j)(2), (k)(1), and (k)(2) of this section establishes a violation of this section.(4) Administrative penalties. If the commission finds that a billing telecommunications utility has violated any provision of this section, the commission will order the utility to take corrective action, as necessary, and the utility may be subject to administrative penalties and other enforcement actions in accordance with PURA, Chapter 15 and §22.246 of this title (relating to Administrative Penalties). (5) Evidence. Evidence provided by the customer that meets the standards established by Texas Government Code §2001.081, including, one or more affidavits from a customer challenging the charge, is admissible in a proceeding to enforce the provisions of this section. (6) Additional Corrective Action. If the commission finds that any other service provider or billing agent subject to PURA, Chapter 17, Subchapter D, or Chapter 64, Subchapter D has violated any provision of this section or has knowingly provided false information to the commission on matters subject to PURA, Chapter 17, Subchapter D, or Chapter 64, Subchapter D, the commission will order the service provider or billing agent to take corrective action, as appropriate, and the commission may enforce the provisions of PURA, Chapter 15 and §22.246 of this title, against the service provider or billing agent as if the service provider or billing agent were regulated by the commission. (7) Certificate suspension, restriction or revocation. If the commission finds that a billing telecommunications utility or a service provider has repeatedly violated this section and, if consistent with the public interest, the commission may suspend, restrict, or revoke the registration or certificate of the telecommunications service provider denying the service provider the right to provide service in this state. The commission may not revoke a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority of a telecommunications utility except as provided by PURA §54.008.(8) Termination of billing and collection services. If the commission finds that a service provider or billing agent has repeatedly violated any provision of PURA, Chapter 17, Subchapter D, or Chapter 64, Subchapter D, the commission may order the billing telecommunications utility to terminate billing and collection services for that service provider or billing agent. (9) Coordination with Office of Attorney General. The commission will coordinate its enforcement efforts regarding the prosecution of fraudulent, unfair, misleading, deceptive, and anticompetitive business practices with the Office of the Attorney General to ensure consistent treatment of specific alleged violations.", "sourceNote": "Source Note: The provisions of this §26.32 adopted to be effective September 15, 2004, 29 TexReg 8797; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148512", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.33", "label": "Prompt Payment Act" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215847", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to billing by a certificated telecommunication utility (CTU) to a \"governmental entity\" as defined in Texas Government Code Chapter 2251, the Prompt Payment Act (PPA). This section controls over other sections of this chapter to the extent that they conflict.(b) Time for payment by a governmental entity. A payment by a governmental entity shall become overdue as provided in the PPA.(c) Disputed bills. If there is a billing dispute between a governmental entity and a CTU about any bill for CTU service, the dispute shall be resolved as provided in the PPA.(d) Interest on overdue payment. Interest on an overdue governmental entity payment shall be calculated by the governmental entity pursuant to the terms of the PPA and remitted to the CTU with the overdue payment. However, pursuant to §26.27(a)(2) of this title (relating to Bill Payment and Adjustments), a governmental entity that is also an agency in any branch of government is not subject to a fee, penalty, interest, or other charge to the state for delinquent payment of a bill from a dominant certificated telecommunications utility.(e) Notice. A CTU shall provide written notice to all of its non-residential customers of the applicability of the PPA to the CTU's service to governmental entities. This notice shall be completed within six months of the effective date of this section for existing non-residential customers and, within three months of the effective date of this section, shall be provided to a new customer at or before the time that the terms of service are provided to the customer. A CTU's failure to provide this notice does not give rise to any independent claim under the PPA, nor does this notice initiate or terminate any party's rights or obligations under the PPA.(1) The failure of a CTU to provide written notice in accordance with this subsection may be considered in a PPA billing complaint.(2) The failure of a governmental entity to inform the CTU of its status as a governmental entity may be considered in a PPA billing complaint.", "sourceNote": "Source Note: The provisions of this §26.33 adopted to be effective October 3, 2010, 35 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215847", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.34", "label": "Telephone Prepaid Calling Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "125328", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section are intended to prescribe standards for the information a prepaid calling services provider must disclose to customers regarding the rates and terms of service for prepaid calling services offered in this state.(b) Application. This section applies to any \"telecommunications utility\" as defined by §26.5 of this title, relating to Definitions. This section does not apply to a deregulated company holding a certificate of operating authority, or to an exempt carrier utility that meets the criteria of Public Utility Regulatory Act (PURA) §52.154. This section also does not apply to a credit calling card in which a customer pays for a service after use and receives a monthly bill for such use.(c) Liability. A prepaid calling services company is responsible for ensuring, either through its contracts with its network provider, distributors and marketing agents or other means, that:(1) end-user purchased prepaid calling service remains usable in accordance with the requirements of this section; and(2) compliance requirements of all disclosure provisions of this section are met.(d) Definitions. The following terms used in this section have the following meanings, unless the context indicates otherwise:(1) Access telephone number--The number that allows a prepaid calling services customer to access the services of a telecommunications utility to place telephone calls.(2) Billing increment--A unit of time used to charge customers for prepaid calling services.(3) Personal identification number (PIN)--A number assigned as an authorization code that ensures system security for a prepaid calling services customer and allows the prepaid calling services company to track minutes used.(4) Prepaid calling services account--An amount of money paid by a customer in advance to access the services of a telecommunications utility to place telephone calls. When the customer makes completed telephone calls, the value of the account decreases at a predetermined rate.(5) Prepaid calling card--A card or any other device purchased to establish a prepaid calling services account.(6) Prepaid calling services--Any telecommunications transaction in which:(A) a customer pays in advance for telecommunications services;(B) the customer's prepaid calling services account is depleted at a predetermined rate as the customer uses the service; and(C) the customer must use a PIN and an access telephone number to use the telecommunications services.(7) Prepaid calling services company--A company that provides prepaid calling or other telecommunications services to the public using its own telecommunications network or resold telecommunications services, or distributors who purchase PINs or telecommunications services to resell to the end-user customer.(8) Recharge--A transaction in which the value of the prepaid calling services account is renewed. The customer must be informed verbally or electronically of the new rates and surcharges at the time of recharge.(9) Surcharge--any fee or cost charged against a prepaid calling services account in addition to a per-minute rate or billing increment including connection, payphone, and maintenance fees.(e) Billing requirements for prepaid calling services.(1) Billing increments must be defined and disclosed in the prepaid calling services company's published tariffs or price list on file with the commission, on any display at the point of sale, on any prepaid calling card, or on any prepaid calling card packaging.(2) A prepaid calling services account may be decreased only for a completed call. Station busy signals and unanswered calls are not completed calls and must not be charged against the account.(3) A surcharge must not be levied more than once on a given call.(4) Prepaid calling services companies must not reduce the value of a prepaid calling services account by more than the company's published domestic tariffs or price list on file with the commission and any surcharges filed at the commission. Domestic rates and surcharges must be disclosed at the time of purchase. Current international rates must be disclosed at the time of purchase with an explanation, if applicable, that these prices may be subject to change.(5) The prepaid calling services account may be recharged by the customer at a different domestic rate from the original domestic rate or the last domestic recharge rate provided that the new domestic rate and any domestic or international surcharges conform with the company's published tariff or price list on file with the commission at the time of recharge. The customer must be informed of the rates at the time of recharge. A prepaid calling services company must keep internal records of changes to its international rates and must provide customers with the appropriate international rate information through a toll-free telephone number. International prepaid calling services rates must be updated annually in accordance with §26.89 of this title, relating to Information Regarding Rates and Services of Nondominant Carriers.(6) Upon verbal or written request, prepaid calling services companies must be capable of providing a customer the following call detail data information at no charge:(A) Dialing and signaling information that identifies the inbound access telephone number called;(B) The number of the originating telephone;(C) The date and time the call originated;(D) The date and time the call terminated;(E) The called telephone number; and(F) The PIN or account number associated with the call.(7) Prepaid calling services companies must maintain call detail data records for at least two years.(f) Written disclosure requirements for all prepaid calling services.(1) Information required on prepaid calling cards. Cards must be issued with all information required by subparagraphs (A) and (B) of this paragraph in at least the same language in which the card is marketed. Bilingual cards are permitted provided that the information required by subparagraphs (A) and (B) of this paragraph is printed in both languages.(A) At a minimum, a card must contain the following information printed in a legible font no smaller than eight-point:(i) The toll-free number as required by subsection (i) of this section;(ii) The maximum rate per minute must be shown for local, intrastate, and interstate calls. International call prices must be provided to the customer through a toll-free number printed on the card. If the cost for a one minute call is higher than the maximum rate per minute, it must be printed on the prepaid calling card; and(iii) The words \"VOID\" or \"SAMPLE\" or sequential numbers, such as \"999999999\" on both sides of the card if the card was produced as a \"non-active\" card so that it is obvious to the customer that the card is not useable. If the card is not so labeled, the card is considered active and the issuing company must honor it.(B) At a minimum, a card must contain the following information printed in legible font no smaller than five-point:(i) The value of the card and any applicable surcharges must be expressed in the same format such as a card whose value is expressed in minutes must express surcharges in minutes. If the value of a card is expressed in minutes, the minutes must be identified as domestic or international and the identification must be printed on the same line or next line as the value of the card in minutes;(ii) The prepaid calling services company's name as registered with the commission. A \"doing business as\" name may only be used if officially filed with the commission. The language must clearly indicate that the company is providing the prepaid calling services;(iii) Instructions on using the card correctly; and(iv) Expiration date or policy, if the card cannot be used after a date certain. If an expiration date or policy is not disclosed on the card, it will be considered active indefinitely.(2) Information required at a point of sale. All the following information must be legibly printed on or in any packaging in a minimum eight point font and displayed visibly in a prominent area at the point of sale so that the customer may make an informed decision before purchase. Bilingual information may be made available provided that the information in subparagraphs (A)-(I) of this paragraph is printed in both languages.(A) A listing of applicable surcharges;(B) The company's name as registered with the commission. A \"doing business as\" name may only be used if officially filed with the commission. The language must clearly indicate that the company is providing the prepaid calling card services;(C) The toll-free number as required by subsection (i) of this section;(D) The billing increment expressed in minutes or fractions of minutes and maximum charge per billing increment for prepaid calling card services for local, intrastate, interstate, and international calls will be provided to the customer through a toll-free number printed on the card;(E) The expiration policy, if the card cannot be used after a date certain. If an expiration date is not disclosed at the time of purchase, the prepaid calling services will be considered active until the prepaid calling services account is completely depleted;(F) The recharge policy, if applicable. If an expiration date is not disclosed at the time prepaid calling services are recharged, the services will be considered active until the prepaid calling services account is completely depleted;(G) The policy for rounding billing increments, if applicable;(H) A statement that if a customer is unable to resolve a complaint with the company that the customer has the right to contact the state regulatory agency which has jurisdiction within the state where the prepaid calling services were purchased; and(I) A statement that:(i) Notifies a customer of the customer's extent of liability for lost or stolen cards, if there is liability; and(ii) Warns a customer to safeguard the card against loss or theft.(3) If a customer asks a prepaid calling services company how to file a complaint, the company must provide the following contact information: PUCT, Consumer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326; phone: (512) 936-7120 or in Texas (toll-free) 1-888-782-8477;; e-mail address: consumer@puc.texas.gov; Internet address: www.puc.texas.gov; and Relay Texas (toll-free): 1-800-735-2989.(g) Verbal disclosure requirements for prepaid calling services. Prepaid calling services companies must provide an announcement:(1) At the beginning of each call indicating the domestic minutes, billing increments, or dollars remaining on the prepaid calling services account or prepaid calling card; and(2) When the prepaid account or card balance is about to be completely depleted. This announcement must be made at least one minute or billing increment before the time expires.(h) Registration requirements for prepaid calling services companies. All prepaid calling services companies must register with the commission in accordance with §26.107 of this title (relating to Registration of Interexchange Carriers (IXCs), Prepaid Calling Services Companies (PPC), and Other Nondominant Telecommunications Carriers.(i) Business and technical assistance requirements for prepaid calling services companies. A prepaid calling services company must provide a toll-free number with a live operator to answer incoming calls 24 hours a day, seven days a week or electronically voice record customer inquiries or complaints. A combination of live operators or recorders may be used. If a recorder is used, the prepaid calling services company must attempt to contact each customer no later than the next working day following the date of the recording. Personnel must be sufficient in number and expertise to resolve customer inquiries and complaints. If an immediate resolution is not possible, the prepaid calling services company must resolve the inquiry or complaint by calling the customer or, if the customer requests, in writing within ten working days of the original request. In the event a complaint cannot be resolved within ten days of the request, the prepaid calling services provider must advise the complainant in writing of the status and subsequently complete the investigation within 21 days of the original request.(j) Requirements for refund of unused balances. If a prepaid calling services company fails to provide service at the rates disclosed at the time of initial purchase or at the time an account is recharged, or fails to meet technical standards, the prepaid calling services company must either refund the customer for each unused prepaid calling service or provide equivalent service.(k) Requirements when a prepaid calling services company terminates operations in this state.(1) When a prepaid calling services company expects to terminate operations in this state for any reason, the company must at least 30 days prior to the termination of operations:(A) Notify the commission in writing:(i) That operations will be ending;(ii) Of the date of the termination of operations; and(iii) That the company certifies that the actions required by this subsection have been completed;(B) Notify each customer at the address on file with the company, if applicable, that operations will be ending the date of the termination of operations, and explain how customers may receive a refund or equivalent services for any unused services;(C) Announce the termination of operations at the beginning of each call, including the date of termination and a toll-free number to call for more information; and(D) Provide to customers via its toll-free customer service number the procedure for obtaining refunds and continue to provide this information for at least 60 days after the date the company terminates operations.(2) Within 24 hours after ceasing operations, the prepaid calling services company must deliver to the commission a list of names, if known, and account numbers of all customers with unused balances. For each customer, the list must include the following:(A) The identification number used by the company for billing and debit purposes; and,(B) The unused time, stated in minutes, as applicable, and the unused dollar amount of the prepaid calling services account.(l) Date of compliance for prepaid calling card services companies. Prepaid calling service offered for sale in the state of Texas and each prepaid calling services company must be in compliance with this rule within six months of the effective date of this section.(m) Compliance and enforcement.(1) Administrative penalties. If the commission finds that a prepaid calling services company has violated any provision of this section, the commission will order the company to take corrective action, as necessary, and the company may be subject to administrative penalties and other enforcement actions under PURA, Chapter 15.(2) Enforcement. The commission will coordinate its enforcement efforts against a prepaid calling services company for fraudulent, unfair, misleading, deceptive, or anticompetitive business practices with the Office of the Attorney General to ensure consistent treatment of specific alleged violations.", "sourceNote": "Source Note: The provisions of this §26.34 adopted to be effective August 15, 2000, 25 TexReg 7679; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "125328", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "CUSTOMER SERVICE AND PROTECTION" }, "rule": { "number": "§26.37", "label": "Texas No-Call List" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166746", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements the Texas Business & Commerce Code Annotated §44.103 (Bus. & Com. Code) relating to rules, customer information, and isolated violations of the Texas no-call list.(b) Application. This section is applicable to:(1) Certificated telecommunications utilities (CTUs), as defined by §26.5 of this title (relating to Definitions), that provide local exchange telephone service to residential customers in Texas; and(2) Telemarketers, as defined in subsection (c)(9) of this section including, but not limited to, retail electric providers as defined in §25.5 of this title (relating to Definitions).(c) Definitions. The following words and terms, when used in this section shall have the following meanings, unless the context clearly indicates otherwise.(1) Consumer good or service--For purposes of this section, consumer good or service has the same meaning as Bus. & Com. Code §44.002(3), relating to Definitions.(2) Established business relationship--A prior or existing relationship that has not been terminated by either party, and that was formed by voluntary two-way communication between a person and a consumer regardless of whether consideration was exchanged, regarding consumer goods or services offered by the person.(3) No-call database--Database administered by the commission or its designee that contains the names, addresses, non-business telephone numbers and dates of registration for all Texas no-call registrants. Lists or other information generated from the no-call database shall be deemed to be a part of the database for purposes of enforcing this section.(4) No-call list--A combined list that is published and distributed as required by subsection (f)(2) of this section and consists of the name and telephone numbers of each consumer in the state who has requested to be on that list and of each person in the portion of the national do-not-call registry maintained by the United States government that relates to this state.(5) No-call registrant--A telephone customer who has registered, by application and, if required, payment of accompanying fee, for the Texas no-call list.(6) State licensee--A person licensed by a state agency under a law of this state that requires the person to obtain a license as a condition of engaging in a profession or business.(7) Telemarketing call--An unsolicited telephone call made to:(A) solicit a sale of a consumer good or service;(B) solicit an extension of credit for a consumer good or service; or(C) obtain information that may be used to solicit a sale of a consumer good or service or to extend credit for sale.(8) Telephone call--A call or other transmission that is made to or received at a telephone number within an exchange in the state of Texas, including but not limited to:(A) a call made by an automatic dial announcing device (ADAD); or(B) a transmission to a facsimile recording device.(9) Telemarketer-A person who makes or causes to be made a telemarketing call that is made to a telephone number in an exchange in the state of Texas.(d) Requirement of telemarketers.(1) A telemarketer shall not make or cause to be made a telemarketing call to a telephone number that has been published for more than 60 calendar days on the Texas no-call list.(2) A telemarketer shall purchase each published version of the no-call list unless:(A) the entirety of the telemarketer's business is comprised of telemarketing calls that are exempt pursuant to subsection (e) of this section; or(B) a telemarketer has a written contractual agreement with a second telemarketer to make telemarketing calls on behalf of the first telemarketer and the second telemarketer is contractually obligated to comply with all requirements of this section. In the absence of a written contract that requires the second telemarketer to comply with all requirements of this section, the first telemarketer and the second telemarketer making telemarketing calls on behalf of the first telemarketer are both liable for violations of this section.(e) Exemptions. This section shall not apply to a telemarketing call made:(1) By a no-call registrant that is the result of a solicitation by a seller or telemarketer or in response to general media advertising by direct mail solicitations that clearly, conspicuously, and truthfully make all disclosures required by federal or state law;(2) In connection with:(A) An established business relationship; or(B) A business relationship that has been terminated, if the call is made before the later of:(i) the date of publication of the first Texas no-call list on which the no-call registrant's telephone number appears; or(ii) one year after the date of termination;(3) Between a telemarketer and a business, other than by a facsimile solicitation, unless the business informed the telemarketer that the business does not wish to receive telemarketing calls from the telemarketer;(4) To collect a debt;(5) By a state licensee if:(A) The call is not made by an ADAD;(B) The solicited transaction is not completed until a face-to-face sales presentation by the seller, and the consumer is not required to pay or authorize payment until after the presentation; and(C) The consumer has not informed the telemarketer that the consumer does not wish to receive telemarketing calls from the telemarketer; or(6) By a person who is not a telemarketer, as defined in subsection (c)(9) of this section.(f) No-call database.(1) Administrator. The commission or its designee shall establish and provide for the operation of the no-call database.(2) Distribution of database.(A) Timing. Beginning on April 1, 2002, the administrator of the no-call database will update and publish the entire Texas no-call list on January 1, April 1, July 1, and October 1 of each year;(B) Fees. The no-call list shall be made available to subscribing telemarketers for a set fee not to exceed $75 per list per quarter;(C) Format. The commission or its designee will make the no-call list available to subscribing telemarketers by:(i) electronic internet access in a downloadable format;(ii) Compact Disk Read Only Memory (CD-ROM) format;(iii) paper copy, if requested by the telemarketer; and(iv) any other format agreed upon by the current administrator of the no-call database and the subscribing telemarketer.(3) Intended use of the no-call database and no-call list.(A) The no-call database shall be used only for the intended purposes of creating a no-call list and promoting and furthering statutory mandates in accordance with the Bus. & Com. Code, Chapter 44, relating to Telemarketing. Neither the no-call database nor a published no-call list shall be transferred, exchanged or resold to a non-subscribing entity, group, or individual regardless of whether compensation is exchanged.(B) The no-call database is not open to public inspection or disclosure.(C) The administrator shall take all necessary steps to protect the confidentiality of the no-call database and prevent access to the no-call database by unauthorized parties.(4) Penalties for misuse of information. Improper use of the no-call database or a published no-call list by the administrator, telemarketers, or any other person regardless of the method of attainment, shall be subject to administrative penalties and enforcement provisions contained in §22.246 of this title (relating to Administrative Penalties).(g) Notice. A CTU shall provide notice of the no-call list to each of its residential customers as specified by this subsection. In addition to the required notice, the CTU may engage in other forms of customer notification.(1) Content of notice. A CTU shall provide notice in compliance with §26.26 of this title (relating to Foreign Language Requirements) that, at a minimum, clearly explains the following:(A) Beginning January 1, 2002, residential customers may add their name, address and non-business telephone number to a state-sponsored no-call list that is intended to limit the number of telemarketing calls received;(B) When a customer who registers for inclusion on the no-call list can expect to stop receiving telemarketing calls;(C) A customer must pay a fee to register for the no-call list unless the customer registers via the commission's internet website address, in which case there is no charge;(D) Registration of a non-business telephone number on the no-call list expires on the third anniversary of the date the number is first published on the list;(E) Registration of a telephone number on the no-call list can be accomplished via the United States Postal Service, Internet, or telephonically;(F) The customer registration fee, which cannot exceed three dollars per term, must be paid by credit card when registering by telephone. When registering by mail, the fee must be paid by credit card, check or money order;(G) The toll-free telephone number, website address, and mailing address for registration; and(H) A customer that registers for inclusion on the no-call list may continue to receive calls from groups, organizations, and persons who are exempt from compliance with this section, including a listing of the entities exempted as specified in subsection (e) of this section.(2) Publication of notice.(A) Telephone directory. A CTU that publishes, or has an affiliate that publishes, a residential telephone directory may include in the directory a prominently displayed Internet website address, toll-free number and mailing address, established by the commission, through which a person may request a form for, or request to be placed on, the Texas no-call list in order to avoid unwanted telemarketing calls.(B) Notice to individual customers. A CTU shall provide notice of the Texas no-call list to each of its residential customers in Texas by one or more of the methods listed in clauses (i) - (v) of this subparagraph.(i) an insert in the customer's billing statement. Electronic notification is permissible for a customer who, during the notification period, is receiving billing statements from the CTU in an electronic format;(ii) a bill message;(iii) separate direct mailing;(iv) customer newsletter; or(v) Customer Rights disclosure as provided in §26.31(a)(4) of this title (relating to Disclosures to Applicants and Customers).(3) Timing of notice. Beginning in 2002, a CTU shall provide notice of the Texas no-call list to its residential customers using one of the methods listed in paragraph (2)(B)(i) - (v) of this subsection.(A) A CTU that uses a notification method listed in paragraph (2)(B)(i) - (iv) of this subsection, shall provide the notice annually beginning in 2002. The annual notice shall be easily legible, prominently displayed, and comply with the requirements listed in paragraph (1) of this subsection.(B) A CTU that elects the Customer Rights disclosure as its notification method as allowed in paragraph (2)(B)(v) of this subsection shall comply with the timing of distribution requirement in §26.31(a)(4) of this title. The no-call list information provided in the Customer Rights disclosure shall comply with paragraph (1) of this subsection.(4) Records of customer notification. Upon commission request, a CTU shall provide a copy of records maintained under the requirements of this subsection to the commission. A CTU shall retain records maintained under the requirements of this subsection for a period of two years.(h) Violations.(1) Separate occurrence. Each telemarketing call to a telephone number on the no-call list shall be deemed a separate occurrence. Upon request from the commission or commission staff, a telemarketer shall provide, within 21 days of receipt of such a request, all information relating to the commission's investigation of complaints regarding alleged violations of the no-call list such as call logs or phone records.(2) Isolated occurrence. A telemarketing call made to a number on the no-call list is not a violation of this section if the telemarketer complies with subsection (d)(2) and the telemarketing call is determined to be an isolated occurrence.(A) An isolated occurrence is an event, action, or occurrence that arises unexpectedly and unintentionally, and is caused by something other than a failure to implement or follow reasonable procedures. An isolated occurrence may involve more than one separate occurrence, but it does not involve a pattern or practice.(B) The burden to prove that the telemarketing call was made in error and was an isolated occurrence rests upon the telemarketer who made (or caused to be made) the call. In order for a telemarketer to assert as an affirmative defense that an alleged violation of this section was an isolated occurrence, the telemarketer must provide evidence of the following:(i) The telemarketer has purchased the most recently published version of the Texas no-call list, unless the entirety of the telemarketer's business is comprised of telemarketing calls that are exempt pursuant to subsection (e) of this section and the telemarketer can provide sufficient proof of such;(ii) The telemarketer has adopted and implemented written procedures to ensure compliance with this section and effectively prevent telemarketing calls that are in violation of this section, including taking corrective actions when appropriate;(iii) The telemarketer has trained its personnel in the established procedures; and(iv) The telemarketing call that violated this section was made contrary to the policies and procedures established by the telemarketer.(i) Record retention; Provision of records; Presumptions.(1) A telemarketer shall maintain a record of all telephone numbers it has attempted to contact for telemarketing purposes, a record of all telephone numbers it has contacted for telemarketing purposes, and the date of each, for a period of not less than 24 months from the date the telemarketing call was attempted or completed.(2) Upon request from the commission or commission staff, a telemarketer shall provide, within 21 calendar days of receipt of such request, all information in its possession and upon which it relies to demonstrate compliance with this section, relating to the commission's investigation of alleged violations of the no-call list including, but not limited to, the call logs or phone records described in subsection (i)(1) of this section.(3) Failure by the telemarketer to respond, or to provide all information in its possession and upon which it relies to demonstrate compliance with subsections (d) and (i) of this section within the time specified in paragraph (2) of this subsection establishes a violation of this section.(4) Failure of a telemarketer to provide all telemarketing information in its possession and upon which it relies to demonstrates compliance with this section and, if applicable, to establish an affirmative defense pursuant to subsection (h)(2)(B) of this section within the time specified in paragraph (2) of this subsection establishes a violation of this section.(j) Evidence. Evidence provided by the customer that meets the standards set out in Texas Government Code §2001.081, including, but not limited to, one or more affidavits from a customer, is admissible in a proceeding to establish a violation of this section.(k) Enforcement and penalties.(1) State licensees. A state agency that issues a license to a state licensee may receive and investigate complaints concerning violations of this section by the state licensee.(2) Telecommunications providers. The commission has jurisdiction to investigate violations of this section made by telecommunications providers, as defined in the Public Utility Regulatory Act (PURA) §51.002.(3) Retail electric providers. The commission has jurisdiction to investigate violations of this section made by retail electric providers (REPs) as specified in §25.492 of this title (relating to Non-Compliance with Rules or Orders; Enforcement by the Commission).(4) Other Telemarketers. A telemarketer, other than a state licensee or telecommunications provider, that violates this section shall be subject to enforcement action pursuant to §22.246 of this title.", "sourceNote": "Source Note: The provisions of this §26.37 adopted to be effective June 17, 2002, 27 TexReg 5193; amended to be effective September 22, 2004, 29 TexReg 8992; amended to be effective July 2, 2006, 31 TexReg 5283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166746", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§26.51", "label": "Reliability of Operations of Telecommunications Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215848", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Unless the context clearly indicates otherwise, in this section the term \"utility,\" insofar as it relates to telecommunications utilities, shall refer to local exchange companies that are facilities-based providers, as defined in §26.5 of this title (relating to Definitions). This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Regulatory Act (PURA) §52.154. This section also does not apply to the retail services of an electing company, as defined by PURA §58.002, or to the retail nonbasic services offered by a transitioning company, as defined by PURA §65.002.(b) Emergency Operations Plan. Each utility shall file with the commission a copy of its emergency operations plan or a comprehensive summary of its emergency operations plan by May 1, 2008.(1) Filing requirements. The filing shall include an affidavit from the utility's operations officer indicating that all relevant operating personnel within the utility are familiar with the contents of the emergency operations plan; and such personnel are committed to following the plans and the provisions contained therein in the event of a system-wide or local emergency that arises from natural or manmade disasters, except to the extent deviations are appropriate under the circumstances during the course of an emergency. To the extent the utility makes changes in its emergency operations plan, the utility shall file the revised plan or a revision to the comprehensive summary that appropriately addresses the changes to the plan no later than 30 days after such changes take effect.(2) Information to be included in the emergency operations plan. Each emergency operations plan maintained by a utility shall include, but is not limited to, the following:(A) A communications plan that describes the procedures for contacting the media, customers, and service users as soon as reasonably possible either before or at the onset of an emergency. The communications plan should also:(i) address how the utility's telephone system and complaint-handling procedures will be augmented during an emergency;(ii) identify key personnel and equipment that will be required to implement the plan when an emergency occurs;(B) priorities for restoration of service;(C) a plan for disaster recovery and continuity of operations;(D) a plan to provide continuous and adequate service during a pandemic; and(E) a hurricane plan, including evacuation and re-entry procedures (for a utility providing service within a hurricane evacuation zone, as defined by the Governor's Division of Emergency Management).(3) Drills. Each utility is required to train its operating personnel in the proper procedures for implementing its emergency plan. Each utility shall conduct or participate in an annual drill to test its emergency procedures unless it has implemented its emergency procedures in response to an actual event within the last 12 months. If a utility is in a hurricane evacuation zone (as defined by the Governor's Division of Emergency Management), this drill shall also test its hurricane plan/storm recovery plan. The commission should be notified no later than 21 days prior to the date of the drill. Following the annual drill, the utility shall assess the effectiveness of the drill and modify it emergency operations plan as needed.(4) Emergency contact information. Each utility shall submit emergency contact information in a form prescribed by commission staff by May 1 of each calendar year. Notification to commission staff regarding changes to the emergency contact list shall be made within 30 days. This information will be used to contact utilities prior to and during an emergency event.(5) Reporting requirements. Upon request by the commission staff during a SOC inquiry or declared emergency event, affected utilities shall provide updates on the status of operations, outages and restoration efforts. Updates shall continue until all event-related outages are restored or unless otherwise notified by commission staff.(6) Copy available for inspection. A complete copy of the above plans shall be made available at the utility's main office for inspection by the commission or commission staff upon request.(c) Continuity of service.(1) Every utility shall make all reasonable efforts to prevent interruptions of service. When interruptions occur, the utility shall restore service as soon as practicable, with priority of restoration taking into account such matters as the extent of repairs necessary, needs of the community and minimization of danger to the public, emergency personnel and the utility's workers.(2) Each utility shall make reasonable provisions to manage emergencies resulting from failure of service.(3) In the event of a national emergency or local disaster resulting in disruption of normal service, the utility may, in the public interest, deliberately interrupt service to selected customers to provide necessary service for the civil defense or other emergency service agencies temporarily until normal service to these agencies can be restored.(d) Record of interruption. Except for momentary interruptions caused by automatic equipment operations, each utility shall keep a complete record of all interruptions, both emergency and scheduled. This record shall show the cause for interruptions, date, time, duration, location, approximate number of customers affected, and, in cases of emergency interruptions, the remedy and steps taken to prevent recurrence.(e) Report to commission. The following guidelines are a minimum basis for reporting service interruptions. Any report of service interruption shall state the cause(s) of the interruption. Utilities should report major outages lasting less than four hours in a timely manner or as soon as reasonably possible. Utilities shall notify the commission in a timely manner in writing of interruptions in service lasting four or more hours affecting:(1) 50% of the toll circuits serving an exchange;(2) 50% of the extended area service circuits serving an exchange;(3) 50% of a central office;(4) 20% or more of an exchange's access lines; or(5) any component of the 9-1-1 system that results in an outage to the 9-1-1 service.(f) Change in character of service.(1) If any change is planned or made by the utility in the type of service rendered by the utility that would adversely affect the efficiency or operation of the customer equipment connected to the utility's network, the utility shall notify the affected customer at least 60 days in advance of the change or within a reasonable time as practicable.(2) This paragraph applies only to local exchange companies that are dominant carriers, as defined in §26.5 of this title. Where change in service requires dominant carriers to adjust or replace standard equipment, these changes shall be made to permit use under such changed conditions, adjustment shall be made by the dominant carrier without charge to the customers, or in lieu of such adjustments or replacements, the dominant carrier may make cash or credit allowances based on the duration of the change and the degree of efficiency loss.", "sourceNote": "Source Note: The provisions of this §26.51 adopted to be effective January 24, 2008, 33 TexReg 569; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215848", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§26.52", "label": "Emergency Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215849", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to the retail services of an electing company, as defined by the Public Utility Regulatory Act (PURA) §58.002, or to the retail nonbasic services offered by a transitioning company, as defined by PURA §65.002.(b) Emergency power requirements.(1) Each dominant certificated telecommunications utility's (DCTU) central office not equipped with permanently installed standby generators must contain adequate provisions for emergency power, including four hours of battery reserve without voltage falling below the level required for proper operation of all equipment.(2) In central offices without installed emergency power facilities, there must be a mobile power unit available that can be delivered and connected on short notice.(3) As applicable, each DCTU must comply with the backup power obligations prescribed by federal law or other applicable regulations, including the requirements of 47 Code of Federal Regulations §9.20.(c) In exchanges exceeding 5,000 lines, a permanent auxiliary power unit must be installed.", "sourceNote": "Source Note: The provisions of this §26.52 adopted to be effective May 15, 2000, 25 TexReg 4319; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215849", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§26.53", "label": "Inspections and Tests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215850", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to the retail services of an electing company, as defined by Public Utility Regulatory Act (PURA) §58.002, or to the retail nonbasic services offered by a transitioning company, as defined by PURA §65.002.(b) Each dominant certificated telecommunications utility (DCTU) must adopt a program of periodic tests, inspections, and preventive maintenance aimed at achieving efficient operation of its system and rendition of safe, adequate, and continuous service.(c) Each DCTU must maintain or have access to test facilities enabling it to determine the operating and transmission capabilities of all equipment and facilities. The actual transmission performance of the network must be monitored to determine if the service objectives in this chapter are met. This monitoring function must include circuit order tests prior to placing trunks in service, routine periodic trunk maintenance tests, tests of actual switched trunk connections, periodic noise tests of a sample of customer loops in each exchange, and special transmission surveys of the network.(d) Each central office serving more than 300 customer access lines must be equipped with a 1,000 +/- 20 hertz, one milliwatt test signal generator and a 900 Ohm balanced termination device wired to telephone numbers so that they may be accessed for dial test purposes. Upon commission request, each DCTU must provide the commission the numbers assigned for these test terminations.", "sourceNote": "Source Note: The provisions of this §26.53 adopted to be effective May 15, 2000, 25 TexReg 4319; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215850", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§26.54", "label": "Service Objectives and Performance Benchmarks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141325", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section establishes service objectives for a dominant certificated telecommunications utility (DCTU), as applicable. A deregulated company that holds a certificate of operating authority or a transitioning company in a market that is deregulated, is exempt from complying with the retail quality of service standards and reporting requirements in this section.(1) This section outlines performance benchmark levels for each exchange. If service quality falls below the applicable performance benchmark for an exchange, that indicates a need for the utility to investigate, take appropriate corrective action, and provide a report of such action to the commission.(2) The objective service levels are based on monthly averages, except for dial service and transmission requirements, which are based on specific samples. DCTUs must make measurements to determine the level of service quality for each item included in this section.(3) Upon commission request, a DCTU must provide the commission with the measurements and summaries for any of the service or performance benchmarks provided by this section. Records of these measurements and summaries must be retained by the DCTU as specified by the commission.(4) For purposes of this section, an \"answer\" means that the operator, interactive voice system, or representative, is ready to render assistance or ready to accept information necessary to process the call. An acknowledgment that the customer is waiting on the line does not constitute an answer.(b) Each DCTU must comply with the service quality objectives established below in providing the basic telecommunications service to its end-use customers and must file its service quality performance report on a quarterly basis. The report must include its monthly performance for each category of performance objectives and provide a summary of its corrective action plan for each exchange in which the performance falls below the benchmark. Additionally, the corrective action plan must include, at a minimum, details outlining how the necessary improvements will be implemented within three months from the filing of the service quality performance report and will result in performance at or above the applicable benchmark.(1) Installation of service. Unless otherwise provided by the commission:(A) Ninety-five percent of the DCTU's service orders for installing primary service must be completed within five working days, excluding those orders where a later date was specifically requested by the customer. Performance Benchmark Applicable for Corrective Action: If the performance is below 95% in any exchange area for a period of three consecutive months, the DCTU must provide a detailed corrective action plan for such an exchange or wire center.(B) Ninety percent of the DCTU's service orders for regular service installations must be completed within five working days, excluding those orders where a later date was specifically requested by the customer. This includes orders for any primary service, installation, move, change, or other service, except for any complex service. Performance Benchmark for Corrective Action: If the performance is below 90% in any exchange area for a period of three consecutive months the DCTU must provide a detailed corrective action plan for such an exchange or wire center.(C) Ninety-nine percent of the DCTU's service orders for service installations must be completed within 30 days. Performance Benchmark for Corrective Action: If the performance is below 99% in any exchange area for a period of three consecutive months, the DCTU must provide a detailed corrective action plan for such an exchange or wire center.(D) One-hundred percent of the DCTU's service orders for service installations must be completed within 90 days.(E) Each DCTU must establish and maintain installation time commitment guidelines for the various complex services contained in the DCTU's tariff. Those guidelines should be available for public review and should be applied in a nondiscriminatory manner.(F) The installation interval measurements outlined in subparagraphs (A) - (D) and (H) of this paragraph must commence by either the date of application or the date on which the applicant qualifies for service, whichever is later.(G) The DCTU must provide to the customer a commitment date on which the requested installation or change will be made. If a customer requests that the installation or change be performed on a regular working day later than the date proposed by the DCTU, then the customer's requested date will be the commitment date. If a premises visit is required, the DCTU must schedule an appointment period with the customer for the morning or afternoon, not to exceed a four hour time period, on the commitment date. If the DCTU is unable to keep the appointment, the DCTU must attempt to notify the customer by a telephone call and schedule a new appointment. If unable to gain access to the customer's premises during the scheduled appointment period, the DCTU's carrier representative must leave a notice at the customer's premises advising the customer how to reschedule the work.(H) Ninety percent of the DCTU's commitments to customers for the date of installation of service orders must be met, excepting customer-caused delays. Performance Benchmark Applicable for Corrective Action: If the performance is below 90% in any exchange area for a period of three consecutive months, the DCTU must submit a list of missed commitments to the commission and provide a detailed corrective action plan for such an exchange or wire center.(I) The installation interval and commitment requirements of subparagraphs (A) - (D) and (H) of this paragraph do not include service orders either to disconnect service or to make only record changes on a customer's account.(J) A held regrade order means an order not filled within 30 days after the customer has submitted an application for a different grade of service, except where the customer requests a later date. In the event of the DCTU's inability to so fill such an order, the customer must be advised and told when the DCTU can fulfill the order. The number of held regrade orders must not exceed 1.0% of the total number of customer access lines served.(2) Operator-handled calls. For each exchange, a DCTU must, on a monthly basis, maintain adequate personnel to provide an average operator answering performance as follows:(A) Eighty-five percent of toll and assistance operator calls answered within ten seconds, or average answer time must not exceed 3.3 seconds. Benchmark for Corrective Action: If the performance is either below 85% within ten seconds or if the average exceeds 3.3 seconds at any answering location in any given month, the DCTU must provide a detailed corrective action plan for such an exchange or wire center.(B) Ninety percent of repair service calls must be answered within 20 seconds or average answer time must not exceed 5.9 seconds. Benchmark for Corrective Action: If the performance is below 90% within 20 seconds or the average answer time exceeds 5.9 seconds at any answering location for a period of five days within any given month, the DCTU must provide a detailed corrective action plan for such an exchange or wire center.(C) Eighty-five percent of directory assistance calls must be answered within ten seconds or the average answer time must not exceed 5.9 seconds. Benchmark for Corrective Action: If the performance is either below 85% within ten seconds or if the average answer time exceeds 5.9 seconds at any answering location in any given month, the DCTU must provide a detailed corrective action plan for such an exchange or wire center.(D) DCTUs may measure answer time on a toll center or operating unit basis as an alternative to measuring answer time in each exchange unless specifically requested by the commission.(3) Local dial service. Sufficient central office capacity and equipment must be utilized to meet the following requirements:(A) dial tone within three seconds on 98% of calls. For record-keeping and reporting purposes, 96% in three seconds during average busy season or busy hour complies with this requirement;(B) completion of 98% of calls originating and terminating within the same central office building (intraoffice calls) without encountering network congestion or blockage, or equipment irregularities;(C) for every switch that serves a customer, the availability factor for stored program controlled digital and analog switching facilities must be 99.99%, or the total unscheduled outage for each switch must not exceed 53 minutes per year.(D) For any exchange that falls below the established performance objective level, a report detailing the cause and proposed corrective action for the local dial service measures must be submitted to the commission.(4) Local interoffice dial service.(A) Each DCTU must provide and maintain interoffice trunks on its portion of the local exchange service network so that 97% of the interoffice local calls excluding calls between central offices in the same building are completed without encountering equipment busy conditions or equipment failures. For a DCTU's testing, record-keeping, and reporting purposes, the DCTU is not required to separate local dial service results from local interoffice dial service results unless specifically requested by the commission.(B) The availability factor for stored program controlled digital and analog switching and interoffice transmission facilities for end-to-end transmission must be 99.93%, or the total unscheduled outage must not exceed 365 minutes per year.(C) For any exchange that falls below the established performance objective level, a report detailing the cause and proposed corrective action for the local dial service measures, must be submitted to the commission.(5) Direct distance dial service. Engineering and maintenance of the trunk and related switching components in the toll network must permit 97% completion on properly dialed calls, without encountering failure because of network congestion or blockages, or equipment irregularities. For any exchange that falls below the established performance objective level, the DCTU must submit to the commission a report detailing the cause and proposed corrective action for the direct distance dial service measure.(6) Customer trouble reports.(A) A DCTU that serves more than 10,000 access lines must maintain its network service in a manner that ensures the DCTU receives no more than three customer trouble reports on a company-wide basis, excluding customer premises equipment (CPE) reports, per 100 customer access lines per month on average. Performance Benchmark Applicable for Corrective Action: If the customer trouble report exceeds 3.0%, or three per 100 access lines, for a large exchange or 6.0%, or six per 100 access lines, for a small exchange for three consecutive months, the DCTU must provide a detailed corrective action plan for such an exchange or wire center. For purposes of this section, a large exchange is defined as an exchange serving 10,000 or more access lines and a small exchange is defined as an exchange serving less than 10,000 access lines.(B) A DCTU that serves 10,000 or less access lines must maintain its network service in a manner that ensures the DCTU receives no more than six customer trouble reports on a company-wide basis, excluding CPE reports, per 100 customer access lines per month on average. Performance Benchmark Applicable for Corrective Action. If the customer trouble report exceeds 6.0%, or six per 100 access lines per exchange for three consecutive months, the DCTU must provide a detailed corrective action plan for such an exchange or wire center.(C) The DCTU must provide to the customer a commitment date by which the trouble will be cleared. If a premises visit is required, the DCTU must schedule an appointment period with the customer for the morning or afternoon, not to exceed a four hour time period, on the commitment date. If the DCTU cannot keep an appointment, the DCTU must attempt to notify the customer by a telephone call and schedule a new appointment. If unable to gain access to the customer's premises during the scheduled appointment period, the DCTU representative must leave a notice at the premises advising the customer how to reschedule the work.(D) At least 90% of out-of-service trouble reports on service provided by a DCTU must be cleared within eight hours, except where access to the customer's premises is required but unavailable or where interruptions are caused by a force majeure affecting large groups of customers. Performance Benchmark Applicable for Corrective Action: If the performance is below 90% in any exchange area for a period of three consecutive months, the DCTU must provide a detailed corrective action plan for such an exchange or wire center.(E) Each DCTU must establish procedures to ensure the prompt investigation and correction of trouble reports so that the percentage of repeated trouble reports on residence and single line business lines does not exceed 22% of the total customer trouble reports on those lines. Performance Benchmark Applicable for Corrective Action: If repeat reports exceed 22% of the total customer trouble report in any exchange for three consecutive months, the DCTU must provide a detailed corrective action plan for such an exchange or wire center.(7) Transmission requirements. All voice-grade trunk facilities must conform to accepted transmission design factors and must be maintained to meet the following objectives when measured from line terminals of the originating central office to the line terminals of the terminating central office. A periodic report for central offices or exchanges as requested by the commission staff must be provided by the DCTU to demonstrate compliance with the following objectives.(A) Interoffice local exchange service calls. Excluding calls between central offices in the same building, 95% of the measurements on the network of a DCTU should have a C-message weighting between two to ten decibels loss at 1000+20 hertz and no more than 30 decibels above reference noise level.(B) Direct distance dialing. Ninety-five percent of the transmission measurements should have a C-message weighting from three to 12 decibels loss at 1000+20 hertz and no more than 33 decibels above reference noise level.(C) Subscriber lines. All newly constructed and rebuilt subscriber lines must be designed for a transmission loss of no more than eight decibels from the serving central office to the customer premises network interface. All subscriber lines must be maintained so that transmission loss does not exceed ten decibels. Subscriber lines must in addition be constructed and maintained so that metallic noise does not exceed a C-message weighting of 30 decibels above reference noise level on 90% of the lines. Metallic noise must not exceed a C-message weighting of 35 decibels above reference noise level on any subscriber line.(D) Private Branch Exchange (PBX), key, and multiline trunk circuits. PBX, key, and multiline trunk circuits must be designed and maintained so that transmission loss at the subscriber station does not exceed eight decibels. If the PBX or other terminating equipment is customer-owned and, if transmission loss exceeds eight decibels, the DCTU's responsibility is limited to providing a trunk circuit with no more than five decibels loss from the central office to the point of connection with the customer's facilities.(E) Impulse Noise Limits. The requirements for impulse noise limits are as follows:(i) For switching offices, the noise level count must not exceed five pulses above the threshold in any continuous five minute period on 50% of test calls. The reference noise level threshold must be less than: 54 decibels above reference noise with C-message weighting (dBrnC) for a Crossbar switch, 59 dBrnC for a step-by-step switch, and 47 dBrnC for a electronic or digital switch.(ii) For trunks, the noise level count must not exceed five pulses above the threshold in any continuous five minute period on 50% of trunks in a group. The reference noise level threshold must be less than 54 dBrnC at a zero transmission level point (dBrnC0) for voice frequency trunks, and 62 dBrnC0 for digital trunks.(iii) For loop facilities, the noise level count must not exceed 15 pulses above the threshold in any continuous 15 minute period on any loop. The reference noise level threshold must be less than 59 dBrnC when measured at the central office, or referred to the central office through 1004 Hz loss.", "sourceNote": "Source Note: The provisions of this §26.54 adopted to be effective May 15, 2000, 25 TexReg 4319; amended to be effective August 14, 2005, 30 TexReg 4473; amended to be effective November 29, 2007, 32 TexReg 8468; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141325", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "C", "label": "INFRASTRUCTURE AND RELIABILITY" }, "rule": { "number": "§26.57", "label": "Requirements for a Certificate Holder's Use of an Alternate Technology to Meet Its Provider of Last Resort Obligation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133204", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the requirements that apply when a certificate holder uses an alternate technology to meet its provider of last resort (POLR, sometimes also referred to as a carrier of last resort in other parts of this chapter) obligations.(b) Definitions. The following terms used in this section shall have the following meanings, unless the context indicates otherwise.(1) Alternate technology--a technology other than traditional wireline or landline technologies.(2) Certificate holder--a holder of a certificate of convenience and necessity or a certificate of operating authority.(c) Application of this section. A certificate holder may use an alternate technology to meet its POLR obligations only after the commission approves the use of that alternate technology by the certificate holder pursuant to this section. A certificate holder must obtain approval for each type of alternate technology used to meet its POLR obligations. Unless determined otherwise by the commission, upon receiving approval to use an alternate technology to meet its POLR obligations, a certificate holder may use that technology anywhere in its service territory to meet its POLR obligations. If, as of the effective date of this rule, a certificate holder has deployed an alternate technology to meet its POLR obligations and obtained commission approval for that alternate technology, the certificate holder is not required to obtain approval for that alternative technology pursuant to this section unless it seeks changes to what was approved by the commission.(d) Standards for meeting POLR obligations using an alternate technology. In using an alternate technology to meet its POLR obligations, a certificate holder shall comply with the following standards.(1) Quality of service. Unless determined otherwise by the commission, the certificate holder shall meet applicable minimum quality of service standards comparable to the following requirements.(A) §26.52 of this title (relating to Emergency Operations);(B) §26.53 of this title (relating to Inspections and Tests); and(C) §26.54 of this title (relating to Service Objectives and Performance Benchmarks).(2) 911 Service. The certificate holder shall meet the following 911 service requirements.(A) A certificate holder shall provide 911 services comparable to the requirements established for traditional wireline or landline technologies; and(B) A certificate holder providing 911 service to a fixed location shall include validated address location as part of the Automatic Location Identification.(3) Price. The service provided by the certificate holder to meet its POLR obligations in an exchange shall be offered at a price comparable to the monthly service charge for comparable services in that exchange or in the certificate holder's nearest exchange.(e) Application to meet its POLR obligations using an alternate technology. A certificate holder shall file a detailed application demonstrating that the certificate holder meets the standards set forth in subsection (d) of this section.(f) Commission processing of application.(1) Notice.(A) The commission shall provide notice in the Texas Register.(B) Not later than two working days after filing an application, the applicant shall notify the Commission on State Emergency Communications by providing it a copy of the application.(C) The applicant shall provide additional notice as required by the commission.(2) Sufficiency of application. A motion to find an application materially deficient shall be filed no later than 15 working days after an application is filed. The motion shall be served on the applicant such that the applicant receives it by the day after it is filed. The motion shall specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The applicant's response to a motion to find an application materially deficient shall be filed no later than five working days after such motion is received. If within 26 working days after the filing of the application, the presiding officer has not filed a written order concluding that material deficiencies exist in the application, the application is deemed sufficient. The presiding officer shall notify the parties of any material deficiencies by written order and the applicant must cure the deficiencies within 30 days of receipt of the order.(3) Review of application. If the requirements of §22.35 of this title (relating to Informal Disposition) are met, the presiding officer shall issue a notice of approval or proposed order within 60 days of the date a materially sufficient application is filed unless good cause exists to extend this deadline. If the requirements of §22.35 of this title are not met, the presiding officer shall establish a procedural schedule that provides for the resolution of the issues in the proceeding.", "sourceNote": "Source Note: The provisions of this §26.57 adopted to be effective July 30, 2009, 34 TexReg 4863." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133204", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.71", "label": "General Procedures, Requirements and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8437", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Who shall file. The record keeping, reporting, and filing requirements listed in this subchapter shall apply to all public utilities operating in the State of Texas, excluding municipally owned utilities, unless otherwise specified. Unless otherwise specified in this subchapter the term \"public utility\" or \"utility,\" insofar as it relates to telecommunications utilities, shall refer to dominant carriers. Moreover, the provisions of this subchapter are applicable to all services provided by such carriers.(b) Initial reporting. Unless otherwise specified in a section of this subchapter, periodic reporting shall commence as follows:(1) Quarterly reporting. For all public utilities and other persons required to file records, reports and other required information under this chapter, who are not already filing quarterly with the commission as of the effective date of this section, reporting shall begin with an initial filing for the first fiscal quarter for which information is available.(2) Annual Reporting. For all public utilities and other persons required to file records, reports and other required information under this chapter, who are not already filing annually with the commission as of the effective date of this section, reporting shall begin with an initial filing for the most recent fiscal year ending on or prior to April 30 of the first year the record, report or other required information must be filed with the commission.(c) Maintenance and location of records. All records, books, accounts, or memoranda required of a public utility, as defined in the Public Utility Regulatory Act, §51.002(8) may be kept outside the State of Texas so long as those records, books, accounts, or memoranda are returned to the state for any inspection by the commission that is authorized by the Public Utility Regulatory Act.(d) Report attestation. All reports submitted to the commission shall be attested to by an officer or manager of the utility under whose direction the report is prepared, or if under trust or receivership, by the receiver or a duly authorized person, or if not incorporated, by the proprietor, manager, superintendent, or other official in responsible charge of the utility's operation.(e) Information omitted from reports. The commission may waive the reporting of any information required in the sections of this subchapter if it determines that it is either impractical or unduly burdensome on any utility to furnish the requested information. If any such information is omitted by permission of the commission, a written explanation of the omission must be stated in the report.(f) Due dates of reports. All periodic reports must be received by the commission on or before the following due dates unless otherwise specified in this subchapter.(1) Monthly reports: 45 days after the end of the reported period.(2) Quarterly reports other than shareholder reports: 45 days after the end of the reported period.(3) Annual earnings report: May 15 of each year.(4) Special or additional reports: as may be prescribed by the commission.(5) Annual reports required by §26.76 of this title (relating to Gross Receipts Assessment Report) shall be due August 15 of each year and shall reflect transactions for the previous July 1 through June 30 reporting period.(6) Periodic Certificate of Operating Authority report: Due as set forth in the commission order granting the certificate.(g) Special and additional reports. Each utility, including municipally owned utilities, shall report on forms prescribed by the commission special and additional information as requested which relates to the operation of the business of the utility.(h) Penalty for refusal to file on time. In addition to penalties prescribed by law, and §22.246 of the title (relating to Administrative Penalties) the commission may disallow for rate making purposes the costs related to the activities for which information was requested and not timely filed.", "sourceNote": "Source Note: The provisions of this §26.71 adopted to be effective September 8, 1998, 23 TexReg 9046; amended to be effective November 29, 2007, 32 TexReg 8468." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8437", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.72", "label": "Uniform System of Accounts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215851", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In this section the term \"utility,\" insofar as it relates to telecommunications utilities, shall refer to dominant carriers. Moreover, the provisions of this section are applicable to all services provided by such carriers. Every utility shall keep uniform accounts as prescribed by the commission of all business transacted. The classification of utilities, index of accounts, definitions, and general instructions pertaining to each uniform system of accounts as amended from time to time shall be adhered to at all times, unless provided otherwise by these rules, or specifically permitted by the commission.(b) Classification. For the purposes of accounting and reporting to the commission, each public utility shall be classified as follows:(1) Class A: utilities with annual regulated operating revenues exceeding $100 million.(2) Class B: utilities with annual regulated operating revenues less than $100 million.(c) System of accounts. For the purpose of accounting and reporting to the commission, each public utility shall maintain its books and records in accordance with the following prescribed uniform system of accounts:(1) Class A: uniform system of accounts as adopted and amended by the Federal Communications Commission for Class A utilities or other commission-approved system of accounts as will be adequately informative for all regulatory purposes.(2) Class B: uniform system of accounts as adopted and amended by the Federal Communications Commission for Class B utilities or other commission-approved system of accounts as will be adequately informative for all regulatory purposes.(d) Other system of accounts. When a utility has adopted a uniform system of accounts as may be required by a state or federal agency other than those previously mentioned in this section (e.g. United States Department of Agriculture-Rural Utilities Service), that system of accounts may be adopted by the utility after notification to the commission.(e) Merchandise accounting. Each utility shall keep separate accounts to show all revenues and expenses resulting from the sale or lease of appliances, fixtures, equipment, directory advertising, or other merchandise.(f) Accounting period. Each utility shall keep its books on a monthly basis so that for each month all transactions applicable thereto shall be entered in the books of the utility.(g) Rules related to capitalization of construction costs. Each public utility shall accrue interest during construction on both short-term (on an off-book basis, if necessary) and long-term telephone plant under construction to the extent not included in rate base. In the event construction work in progress is included in rate base pursuant to the rules in subsection §23.21(c)(2)(D) of this title (relating to Cost of Service), interest during construction for public utilities shall be discontinued to the extent construction work in progress or telephone plant under construction is allowed.", "sourceNote": "Source Note: The provisions of this §26.72 adopted to be effective September 8, 1998, 23 TexReg 9046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215851", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.73", "label": "Annual Earnings Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154783", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each utility must file with the commission, on commission-prescribed forms available on the commission's website, an earnings report providing the information required to enable the commission to properly monitor public utilities within the state. A deregulated or transitioning company is not required to file an earnings report with the commission unless the company is receiving support from the Texas High Cost Universal Service Plan.(1) Each utility must report information related to the most recent calendar year as specified in the instructions to the report.(2) Each utility must file a copy of the commission-prescribed earnings report with the commission no later than May 15th of each year.(3) A utility with a rate proceeding pending before the commission on the due date of the annual earnings report, under Public Utility Regulatory Act (PURA), Chapter 53, in which a rate filing package is required, or who had a final order issued in such a proceeding within the previous 12 months, is exempt from filing the report.(b) In addition to the utilities required to file under subsection (a) of this section, a telecommunications provider must file with the commission the provider's annual earnings report if the provider:(1) Is not a local exchange company subject to a total support reduction plan under §26.403 of this title (relating to the Texas High Cost Universal Service Plan) or that has made an election under PURA §56.023(l);(2) Serves greater than 31,000 access lines; and(3) Receives support under a plan established under PURA §56.021(1).(c) A report filed under this section is confidential and not subject to disclosure under the Texas Government Code, Public Information Act, Chapter 552.", "sourceNote": "Source Note: The provisions of this §26.73 adopted to be effective September 8, 1998, 23 TexReg 9046; amended to be effective May 3, 2007, 32 TexReg 2358; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154783", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.74", "label": "Reports on Sale of Property and Mergers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8440", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except for a local exchange company exempted in subsection (e) of this section a dominant carrier shall not sell, acquire, lease or rent any plant as an operating unit or system in the State of Texas for a total consideration in excess of $10 million unless the public utility reports such transaction to the commission while pending or within 30 days after closing.(b) Except for a local exchange company exempted in subsection (e) of this section a dominant carrier shall not merge or consolidate with another public utility or electric utility operating in the State of Texas unless the public utility reports such transaction to the commission while pending or within 30 days after closing.(c) Dominant carriers shall not purchase voting stock in another public utility or electric utility doing business in the State of Texas, unless the utility reports such purchase to the commission while pending or within 30 days after closing.(d) Dominant carriers shall not loan money, stocks, bonds, notes or other evidences of indebtedness to any corporation or person owning or holding directly or indirectly any stock of the public utility unless the public utility reports such transaction to the commission while pending or within 30 days after closing.(e) Incumbent local exchange companies electing under the Public Utility Regulatory Act, Chapter 58, are exempt from the requirements of subsections (a) and (b) of this section.(f) For dominant carriers, investigations by the commission, with or without public hearing, of the transactions described in subsection (a) and (b) of this section must be completed within 180 days after the date of notification by the dominant carrier. If an order is not entered within that time, the utility's action is considered consistent with the public interest.", "sourceNote": "Source Note: The provisions of this §26.74 adopted to be effective September 8, 1998, 23 TexReg 9046; amended to be effective February 2, 2012, 37 TexReg 317." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8440", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.75", "label": "Reports on Sale of 50% or More of Stock" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8436", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All transactions involving the sale of 50% or more of the stock of a dominant carrier except a local exchange company exempted in subsection (b) of this section, shall be reported to the commission while pending or within 30 days after closing.(b) Incumbent local exchange companies electing under the Public Utility Regulatory Act, Chapter 58, are exempt from the requirements of this subsection.(c) For dominant carriers, investigations by the commission, with or without public hearing, of the transactions described in this section must be completed within 180 days after the date of notification by the dominant carrier. If an order is not entered within that time, the utility's action is considered consistent with the public interest.", "sourceNote": "Source Note: The provisions of this §26.75 adopted to be effective September 8, 1998, 23 TexReg 9046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8436", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.76", "label": "Gross Receipts Assessment Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215852", "queryAsDate": "03/11/2026" }, "ruleBody": "All telecommunications utilities subject to the jurisdiction of the commission shall file a gross receipts assessment report with the state comptroller reflecting those gross receipts subject to the assessment as required by the Public Utility Regulatory Act on a form prescribed by the state comptroller. These reports shall be required on an annual basis for those companies that have elected to remit their assessment annually and on a quarterly basis for those companies that have elected to remit their assessment quarterly. Such reports and assessments shall be remitted in accordance with the Public Utility Regulatory Act, Chapter 16, Subchapter A.", "sourceNote": "Source Note: The provisions of this §26.76 adopted to be effective September 8, 1998, 23 TexReg 9046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215852", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.79", "label": "Equal Opportunity Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215853", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to a deregulated company that holds a certificate of operating authority or to an exempt carrier under Public Utility Regulatory Act (PURA) §52.154.(b) The term \"minority group members,\" when used within this section, must include only members of the following groups:(1) African-Americans;(2) American Indians;(3) Asian-Americans;(4) Hispanic-Americans and other Americans of Hispanic origin; and(5) women.(c) Each utility that files any form with local, state or federal governmental agencies relating to equal employment opportunities for minority group members, (e.g., EEOC Form EEO-1, FCC Form 395, RUS Form 268, etc.) must file a copy of such completed forms with the commission. If such a form submitted by a multi-jurisdictional utility does not indicate Texas-specific numbers, the utility must also prepare, and file with the commission, a form indicating Texas-specific numbers, in the same format and based on the numbers contained in the form previously filed with local, state or federal governmental agencies. Each utility must also file with the commission copies of any other forms required to be filed with local, state or federal governmental agencies which contain the same or similar information, such as personnel data identifying numbers and occupations of minority group members employed by the utility, and employment goals relating to them, if any.(d) Any additional information relating to the matters described in this section may be submitted at the utility's option.(e) Any utility filing with the commission any documents described in subsections (c) and (d) of this section must file a copy of such documents with the commission under the project number assigned for that year's filings. Utilities may obtain the project number by contacting Central Records.(f) A utility that files a report with local, state or federal governmental agencies and that is required by this section to file such a report with the commission, must file the report by December 30 of the same calendar year it is filed with the local, state or federal agencies.(g) A utility that files a report in accordance with §26.85(f)(1) of this title (relating to Report of Workforce Diversity and Other Business Practices) satisfies the requirements of subsection (c) of this section.", "sourceNote": "Source Note: The provisions of this §26.79 adopted to be effective September 8, 1998, 23 TexReg 9046; amended to be effective July 30, 2000, 25 TexReg 7142; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215853", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.80", "label": "Annual Report on Historically Underutilized Businesses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to a company that holds a certificate of operating authority, a company that holds a service provider certificate of operating authority, a registered interexchange carrier, or an exempt carrier that meets the criteria of Public Utility Regulatory Act (PURA) §52.154.(b) In this section, \"historically underutilized business\" has the same meaning as defined by Title 10, Subtitle D, Chapter 2161 of the Texas Government Code.(c) Every utility must report its use of historically underutilized businesses (HUBs) to the commission on the form prescribed by the commission. A utility may submit the report physically or digitally in Microsoft Excel format.(1) Each small local exchange company and telephone cooperative utility must, on or before December 30 of each calendar year, submit to the commission a comprehensive annual report detailing its use of HUBs for the four quarters ending on September 30 of the calendar year the report is filed, using the form prescribed by the commission.(2) Every utility other than those specified in paragraph (1) of this subsection, must, on or before December 30 of each calendar year, submit to the commission a comprehensive annual report detailing its use of HUBs for the four prior quarters ending on September 30 of the calendar year the report is filed, using the form prescribed by the commission.(3) Each utility that reports indirect HUB procurements or HUB procurements made by a contractor of the utility report such procurements separately on the form prescribed by the commission .(4) Each utility must submit a text description of how it determined which of its vendors meets the criteria for a HUB.(5) Each utility that has more than 1,000 customers in a state other than Texas or that purchases more than 10% of its goods and services from vendors not located in Texas must separately report, by total and category, all utility purchases, all utility purchases from Texas vendors, and all utility purchases from Texas HUB vendors. A vendor is a Texas vendor if the vendor is physically located within the boundaries of Texas.(6) Each utility must also file any other information necessary to accurately assess the utility's use of HUBs.(d) A utility is prohibited from utilizing information gathered to comply with this section to discriminate against any citizen on the basis of race, nationality, color, religion, sex, or marital status.(e) This section does not create a new private or public cause of action", "sourceNote": "Source Note: The provisions of this §26.80 adopted to be effective September 8, 1998, 23 TexReg 9046; amended to be effective July 30, 2000, 25 TexReg 7142; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.81", "label": "Service Quality Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215854", "queryAsDate": "03/11/2026" }, "ruleBody": "Service quality reports shall be submitted quarterly on a form prescribed by the commission.", "sourceNote": "Source Note: The provisions of this §26.81 adopted to be effective September 8, 1998, 23 TexReg 9046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215854", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.85", "label": "Report of Workforce Diversity and Other Business Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215855", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes annual reporting requirements for a telecommunications utility to report its progress and efforts to improve workforce diversity and contracting opportunities for small and historically underutilized businesses from its five-year plan filed in accordance with the Public Utility Regulatory Act (PURA) §52.256(b).(b) Application. This section applies to a telecommunications utility, as defined in PURA §51.002(11), doing business in the State of Texas. This section does not apply to a company that holds a certificate of operating authority, a company that holds a service provider certificate of operating authority, a registered interexchange carrier, or an exempt carrier that meets the criteria of PURA §52.154.(c) Terminology. In this section, \"small business\" and \"historically underutilized business\" have the meaning assigned by the Texas Government Code §481.191.(d) Annual progress report of workforce and supplier contracting diversity. An \"Annual Progress Report on Five-Year Plan to Enhance Supplier and Workforce Diversity\" must be filed annually with the commission. The report must be filed on or before December 30 of each year for the four prior quarters ending on September 30 of the year the report is filed. A telecommunication utility that was not operational on January 1, 2000, and is required to file in accordance with PURA §52.256(b), must file a plan in Project Number 21170 by December 30 of the year in which an annual report is due under this subsection.(e) Filing requirements. Four copies of the Annual Progress Report on Five-Year Plan to Enhance Supplier and Workforce Diversity must be filed with the commission's filing clerk under the project number assigned by the Public Utility Commission's Central Records Office for that year's filings. A Telecommunications utility must obtain the project number by contacting Central Records. A copy of the report must also be sent to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the African-American and Hispanic Caucus offices of the Texas Legislature.(f) Contents of the report. The annual report filed with the commission in accordance with this section must be filed using the Workforce and Supplier Contracting Diversity form or an alternative format prescribed by the commission and must contain the following information:(1) An illustration of the diversity of the telecommunications utility's workforce in the State of Texas at the time of the report. If the telecommunications utility is required to file an Equal Opportunity Report in accordance with §26.79 of this title (relating to Equal Opportunity Reports), a copy of that document may be attached to this report to satisfy the requirements of this paragraph.(2) A description of the specific progress made under the workforce diversity plan filed in accordance with PURA §52.256(b), including:(A) the specific initiatives, programs, and activities undertaken during the preceding year; and(B) an assessment of the success of each of those initiatives, programs, and activities.(3) An explanation of the telecommunications utility's level of contracting with small and historically underutilized businesses in the State of Texas.(4) The extent to which the telecommunications utility has carried out its initiatives to facilitate opportunities for contracts or joint ventures with small and historically underutilized businesses.(5) A description of the initiatives, programs, and activities the telecommunications utility will pursue during the next year to increase the diversity of its workforce and contracting opportunities for small and historically underutilized businesses in the State of Texas.(g) This section may not be used to discriminate against any citizen on the basis of race, nationality, color, religion, sex, or marital status.(h) This section does not create a new cause of action, either public or private.(i) Waiver. A telecommunications utility that has less than sixteen employees in the State of Texas satisfies the requirements of this rule by completing subsection (f)(1) of this section.", "sourceNote": "Source Note: The provisions of this §26.85 adopted to be effective July 30, 2000, 25 TexReg 7142; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215855", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "D", "label": "RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION" }, "rule": { "number": "§26.89", "label": "Nondominant Carriers' Obligations Regarding Information on Rates and Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154784", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Filing of tariff by nondominant carrier. A nondominant carrier, including a nondominant carrier holding a certificate of operating authority or a service provider certificate of operating authority may, but is not required to file with the commission the information listed under paragraphs (1)-(3) of this subsection. If filed, such information must be updated and kept current at all times.(1) A description of each type of telecommunications service provided;(2) For each service listed in response to paragraph (1) of this subsection, the locations in the state by city in which service is originated or terminated. If a service is provided statewide, the carrier must specify either origination or termination; and(3) A tariff, schedule, or list showing each rate for each service, product, or commodity offered by the nondominant carrier. A tariff must include a cover letter that lists each rule that relates to or affects a rate of the nondominant carrier, or a utility service, product, or commodity furnished by the nondominant carrier.(b) Annual tariff update. By June 30 of each calendar year, each nondominant carrier that, during the previous 12 months, has not filed changes to the information specified by subsection (a) of this section must file with the commission a letter informing the commission that no changes have occurred. An uncertificated nondominant carrier that fails to file either this letter or the updates specified by subsection (a) of this section during the 12 month period ending on June 30 will no longer be registered with the commission.(c) Filing of nondominant carrier tariff by affiliate or trade association. An affiliate of a nondominant carrier or trade association may file the information listed under subsection (a)(1)-(3) and (b) of this section on behalf of a nondominant carrier.(1) For each filing, the nondominant carrier must authorize the affiliate of the nondominant carrier or trade association, via written affidavit filed with the commission, to file such information on its behalf.(2) The authorization specified by paragraph (1) of this subsection may be included in the filing by the affiliate of the nondominant carrier or trade association.(3) The filing by affiliate of the nondominant carrier or trade association must comply with the requirements of this section and other applicable law.(d) Registration requirement for nondominant carriers. A nondominant carrier must comply with the registration requirements of §26.107 of this title (relating to Registration of Interexchange Carriers (IXCs), Prepaid Calling Services Companies (PPC), and Other Nondominant Telecommunications Carriers).(e) Exceptions. A nondominant carrier:(1) may, but is not required to, maintain on file with the commission each tariff, price list, or customer service agreement that governs the terms of providing service;(2) may cross-reference its federal tariff in its state tariff if its intrastate switched access rates are the same as its interstate switched access rate;(3) may withdraw a tariff, price list, or customer service agreement not required to be filed or maintained with the commission under this section if the nondominant carrier:(A) files written notice of the withdrawal with the commission; and(B) notifies each of its customers of the withdrawal and posts each current and applicable tariff, price list, or customer service agreement on its Internet website.(4) is not required to obtain advance approval for a filing with the commission or a posting on the nondominant carrier's Internet website that adds, modifies, withdraws, or grandfathers a retail service or the rates, terms, or conditions of such a service;(5) is not subject to any rule or regulatory practice that is not imposed on:(A) a holder of a certificate of convenience and necessity serving the same area; or(B) a deregulated company that:(i) has 500,000 or more access lines in service at the time it becomes a deregulated company; or(ii) serves an area also served by the nondominant telecommunications utility.", "sourceNote": "Source Note: The provisions of this §26.89 adopted to be effective December 6, 1998, 23 TexReg 11932; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154784", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§26.101", "label": "Certificate of Convenience and Necessity Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "149539", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and Purpose. The commission may grant a certificate of convenience and necessity (CCN) to provide local exchange telephone service, basic local telecommunications service or switched access service pursuant to Public Utility Regulatory Act (PURA), Chapter 54, Subchapter B. (b) Certificates of Convenience and Necessity for new service areas and facilities. (1) The commission may issue a CCN only if it finds that the CCN is necessary for the service, accommodation, convenience, or safety of the public and complies with the requirements in PURA §54.054 (relating to Grant or Denial of Certificate). (2) The commission may grant a CCN as requested, refuse to grant it, or grant it for the construction of a portion of the requested system, facility, or extension, or for the partial exercise of the requested right or privilege. (c) Non-exclusivity of CCN. A CCN granted under this section shall not be construed to vest exclusive service or property rights in the area certificated. The commission may grant additional certification to another utility or utilities for all or any part of the area certificated under this section, upon a finding of public convenience and necessity. (d) Name on Certification. All local exchange telephone service, basic local telecommunications service, and switched access service provided under a CCN shall be provided in the names or assumed names under which certification is granted by the commission. (1) The applicant must provide the following information from its registration with the Office of the Secretary of State or from its corporate registration in another state or county, as applicable: (A) Form of business being registered (e.g., corporation, limited liability company, partnership, sole proprietorship, etc.); (B) Any assumed names; (C) Certification/file number; and (D) Date business was registered. (2) The requested certificate names shall not be deceptive, misleading, vague, inappropriate, confusing or duplicative of an existing Certificated Telecommunications Utility (CTU). (3) Any name in which the applicant proposes to do business will be reviewed for compliance with paragraph (2) of this subsection. If the presiding officer determines that any requested name does not meet the requirements of paragraph (2) of this subsection, the presiding officer shall notify the applicant that the requested name may not be used by the applicant. The applicant will be required to amend its application to provide at least one suitable name in order to be certificated. (e) Amending a CCN. The commission may amend any certificate issued under this section if it finds that the public convenience and necessity requires such amendment. (1) Pursuant to PURA Chapter 54 Subchapter B, CCNs holders must amend their certificates for: (A) A change in the name of the holder of the CCN, including a change of the corporate name or assumed name of the certificate holder. (B) A change in the boundary of a service area. (C) CCNs for Non-Chapter 58 utilities are not transferable without approval of the commission and continue in force except as ordered by the commission. The CCN amendment must be filed jointly by the utilities involved and comply with the requirements set forth in PURA §14.101 and §51.010 (relating to Report of Certain Transactions; Commission Consideration and Commission Investigation of Sale, Merger, or Certain Other Actions). (2) Minor service area boundary amendment applications are applications that involve less than 5% of the customers of an exchange. An application for an amendment for a minor service area boundary change must be jointly filed by the affected CCN holders and, at a minimum, contain the following information: (A) Legal name and all assumed names under which the applicant conducts its business; (B) Business office address, primary telephone number, fax number, website address and primary email address; (C) Business regulatory contact(s), including business address, primary phone number and primary email address; (D) Reason(s) for the proposed amendment; (E) Clear and concise written description of the geographic location of the proposed amendment; (F) Maps (minimum size of 8 1/2\" x 11\") of the proposed amendment identifying the existing and proposed boundaries clearly and conspicuously. At a minimum, the applicant must provide a county map and expanded view(s) that clearly and conspicuously identifies the boundary change. Each map must clearly and conspicuously illustrate the location of the area for which the amendment is being requested, including but not limited to, geographic landmarks, municipal and county boundary lines, streets, roads, highways, railroad tracks, and any other readily identifiable points of reference, unless no such references exist for the geographic area. The maps of the proposed amendment must be submitted in hard copy and, upon request by Staff, in compatible electronic format; and (G) Notice of the proceeding and notice to customers. Customers being transferred from one utility to another shall be given notice in accordance with §26.130(k) of this title (relating to Selection of Telecommunications Utilities). (f) Sale, transfer, merger. A notice must be filed for the sale, transfer, or merger (STM) of at least 50% of the utility, or sale, acquisition or lease of facilities as an operating unit or system for a total consideration of more than $10 million. (1) Chapter 58 electing utilities must file a written notification with the commission no later than 30 days after the STM has closed. (2) Chapter 59 electing utilities must comply with the requirements set forth in PURA §14.101 and §51.010. (g) Reporting requirements. (1) Contact Information. Each CCN holder must maintain accurate contact information with the commission. At a minimum, the CCN holder is required to report a current regulatory contact person, complaint contact person, primary and secondary emergency contact, operation and policy migration contact, business physical address, primary business telephone number, toll-free customer service number, and primary email address. Additional information for tertiary emergency contact, separate mailing address, and additional company contact information is optional. (A) After January 1st and before April 30th of each year, a CCN holder must electronically submit its current contact information to the commission, in the manner established by the commission. (B) Contact information must be updated not later than the 30th day after the date of any change to the required information in paragraph (1) of this subsection, in the manner established by the commission. (2) Termination/Disconnection Notice. CCN holders must file a copy of the termination/disconnection notice sent to certified telecommunications providers (CTP) within five business days following the issuance of the notice. The service termination/disconnection notice must be filed in the project established for this purpose. (3) Bankruptcy Notification. CCN holders that have filed a petition of bankruptcy must file a notice of bankruptcy in a project established for this purpose. The notice must be filed not later than the fifth business day after the filing of a bankruptcy petition. The notice of bankruptcy must include, at a minimum, the following information: (A) The name of the certificated company filing for bankruptcy, date and state in which the bankruptcy proceeding was filed, type of bankruptcy (e.g., Chapter 7, 11, 13), the bankruptcy case number; and (B) The number of affected customers, the type of service being provided to the affected customers, and name of the provider(s) of last resort associated with the affected customers. (4) Required Reports. A certificate holder shall file all reports required by PURA and other sections in this title, including but not limited to: §26.51 of this title (relating to Reliability of Operations of Telecommunications Providers); §26.73 of this title (relating to Annual Earnings Report); §26.76 of this title (relating to Gross Receipts Assessment Report); §26.80 of this title (relating to Annual Report on Historically Underutilized Businesses); §26.81 of this title (relating to Service Quality Reports), §26.85 of this title (relating to Report of Workforce Diversity and Other Business Practices); §26.465 of this title (relating to Methodology for Counting Access Lines and Reporting Requirements for Certified Telecommunications Providers); and §26.467 of this title (relating to Rates, Allocation, Compensation, Adjustments and Reporting).", "sourceNote": "Source Note: The provisions of this §26.101 adopted to be effective December 13, 2010, 35 TexReg 10945; amended to be effective February 2, 2012, 37 TexReg 317." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "149539", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§26.102", "label": "Registration of Pay Telephone Service Providers (PTS)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "149540", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and Purpose. This section applies to the registration of pay telephone service (PTS) providers pursuant to Public Utility Regulatory Act (PURA) Chapter 55, Subchapter H, §§55.171 - 55.180 (relating to Pay Telephones) and Chapter 26, Subchapter N, §§26.341 - 26.347 of this title (relating to Pay Telephone Services).(b) Registration Requirement. All PTS providers (except CCN holders) must submit a PTS registration before providing pay telephone services in the State of Texas. If the PTS registration holder has any change to the information provided in the registration, then the PTS registration holder must update its registration information within 30 days of the change.(c) Re-registration. PTS registrations expire on August 1st of each year. Each PTS provider must renew its registration with the commission by electronically submitting the required form in the manner established by the commission. A registration that is renewed during the period from January 1 to July 31 is extended one year. A registration that is not renewed is no longer valid.(d) Disclosure of location. Registration requires disclosure of the location of each of the registrant's pay telephones by county. If a registrant asserts confidentiality of information related to the physical location of pay telephones, it must file this information in accordance with §22.71 of this title (relating to Filing of Pleadings, Documents, and Other Material).(e) Network access. Certificated Telecommunications Utilities (CTUs) shall provide pay telephone access service (PTAS) to a PTS provider that provides its commission-issued PTS registration number to the CTU.(f) Revocation or suspension. If the commission finds that a PTS provider is in violation of PURA, commission rules, or rules of the Federal Communications Commission, the commission may suspend or revoke the PTS registration and may direct all CTUs to discontinue provision of pay telephone access service to the PTS provider.(g) Reporting requirements. Each PTS provider must maintain accurate contact information.", "sourceNote": "Source Note: The provisions of this §26.102 adopted to be effective December 13, 2010, 35 TexReg 10945." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "149540", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§26.107", "label": "Registration of Interexchange Carriers (IXCs), Prepaid Calling Services Companies (PPC), and Other Nondominant Telecommunications Carriers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215856", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and Purpose. This section applies to the registration of telecommunications utilities (i.e., providers of intralata and interlata long distance telecommunications services, prepaid calling services companies pursuant to §26.34 of this title (relating to Telephone Prepaid Calling Services), and other telecommunications services that do not require certification pursuant to the Public Utility Regulatory Act (PURA) Chapter 54, Subchapter C (relating to Certificate of Operating Authority); except as noted in PURA §51.002(10) (relating to Definitions)).(b) Registration Requirement. Each telecommunications utility not holding a certificate of operating authority (COA) or service provider certificate of operating authority (SPCOA) shall file with the commission the information set forth in paragraphs (1) - (5) of this subsection no later than the 30th day after commencing service in the State of Texas. A registered telecommunications utility must report to the commission any changes to the information provided in its registration within 30 days of the change. (1) Registered Name. A telecommunications utility may register in only one name: (A) The applicant shall provide the date the requested name was accepted, the certification/file number assigned to the applicant and any assumed names registered with the Office of the Secretary of State or the registration of assumed names in another state or county, as applicable. (B) The requested name shall not be deceptive, misleading, vague, or duplicative of an existing certificated telecommunications utility (CTU) or other existing registrants. (C) Commission staff will review any name in which the applicant proposes to do business. If staff determines that any requested name does not meet the requirements of subparagraph (B) of this paragraph, it shall notify the applicant that the requested name may not be used by the applicant. The applicant will be required to provide at least one suitable name in order to be registered. (2) Registration Number. The commission will assign a PUC registration number to each new registrant upon completion of the registration process; (3) Contact Information. Contact information must include, but not be limited to: business office information (contact's name, contact's title, business and mailing address, primary phone number, fax number and primary email address), complaint contact, regulatory contact, primary and secondary emergency contacts and a toll-free customer service number; (4) Federal Carrier Identification. Registrant must provide the FCC Carrier Identification Code (CIC) or National Exchange Carriers Association (NECA) Operating Carrier Numbers (OCNs), if available; and (5) Telecommunications Affiliates. Registrant must provide a list of all telecommunications affiliates that operate in Texas with a description of the relationship to the registrant, and an organizational chart, if available.(c) Re-Registration. Registrations subject to this section expire on May 1st of each odd-numbered year. Each registrant subject to this section must re-register with the commission between January 1st and April 30th of each odd-numbered year by electronically submitting the required form in the manner established by the commission. A registration that is renewed during the period from January 1 to April 30 of an odd-numbered year is extended for another two years. A registration that is not renewed is no longer valid.(d) Amendments to Registration. (1) Name change. If a registrant proposes to change its name, it must file a written notification and provide at a minimum: its current registered name and registration number, the new registered name, and an explanation for the requested name change. (2) Cancellation of a Registration. If a registrant proposes to cancel its registration it must file a written notification and provide at a minimum: its current registered name, registration number, and explanation of the requested cancellation. The explanation of the cancellation must include the disposition of all affected customers, whether notice was provided to customers, a copy of the notice provided to customers, whether any credits or deposits are outstanding, and the disposition of credits or deposits.(e) Required Reports. (1) Updates to contact information. All registrants subject to this section shall annually submit updated contact information in the manner established by the commission. (2) All registrants subject to this section shall comply with the reporting requirements in PURA and other sections of this title, including but not limited to: §26.89 of this title (relating to Information Regarding Rates and Services of Nondominant Carriers).(f) Revocation or Suspension. The commission may suspend or revoke the registration pursuant to PURA Chapter 17, if the commission finds that a registrant is in violation of PURA or commission rules.", "sourceNote": "Source Note: The provisions of this §26.107 adopted to be effective December 13, 2010, 35 TexReg 10945." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215856", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "E", "label": "CERTIFICATION, LICENSING AND REGISTRATION" }, "rule": { "number": "§26.111", "label": "Certificate of Operating Authority (COA) and Service Provider Certificate of Operating Authority (SPCOA) Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133416", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and purpose. This section applies to the certification of a person or entity to provide local exchange telephone service, basic local telecommunications service, and switched access service as holders of certificates of operating authority (COAs) and service provider certificates of operating authority (SPCOA) established in the Public Utility Regulatory Act (PURA), Chapter 54, Subchapters C and D.(b) Definitions.(1) Affiliate--An affiliate of, or a person affiliated with, a specified person, is a person that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person specified.(2) Annual Report--A report that includes, at a minimum, the certificate holder's primary business telephone number, toll-free customer service number, email address, authorized company contact, regulatory contact, complaint contact, primary and secondary emergency contacts and operation and policy migration contacts which is submitted to the commission every calendar year. Each provided contact must include the contact's company title.(3) Application - An application for a new COA or SPCOA certificate or an amendment to an existing COA or SPCOA certificate.(4) Control--The term control, including the terms controlling, controlled by and under common control with, means the power, either directly or indirectly through one or more affiliates, to direct or cause the direction of the management or policies of a person, whether through ownership of voting securities, by contract, or otherwise.(5) Executive officer--When used in reference to a person, means its president or chief executive officer, a vice-president serving as its chief financial officer, or a vice-president serving as its chief accounting officer, or any other officer of the person who performs any of the foregoing functions for the person.(6) Facilities-based certification--Certification that authorizes the certificate holder to provide service using its own equipment, unbundled network elements, or E9-1-1 database management associated with selective routing services.(7) Permanent employee--An individual that is fully integrated into the certificate holder's business. A consultant is not a permanent employee.(8) Person--An individual and any business entity, including a limited liability company, a partnership of two or more persons having a joint or common interest, a mutual or cooperative association, but does not include a municipal corporation.(9) Principal--A person or member of a group of persons that controls the person in question.(10) Shareholder--As context indicates and the applicable business entity requires, the legal or beneficial owner of any of the equity in a business entity, including , stockholders of corporations, members of limited liability companies and partners of partnerships.(c) Ineligibility for certification.(1) An applicant is ineligible for a COA or SPCOA if the applicant is a municipality.(2) An applicant is ineligible for a COA if the applicant has not created a proper separation of business operations between itself and an affiliated holder of a certificate of convenience and necessity, as required by PURA §54.102.(3) An applicant is ineligible for an SPCOA if the applicant, and affiliates of the applicant, in the aggregate have more than 6.0% of the total intrastate switched access minutes of use as measured for the most recent 12-month period.(4) The commission will not grant an SPCOA to a holder of a:(A) CCN for the same territory; or(B) COA for the same territory.(d) Application for COA or SPCOA certification. A person or entity is prohibited from providing local exchange telephone service, basic local telecommunications service, or switched access service unless the person or entity obtains a certificate of convenience and necessity in accordance with §26.101 of this title (relating to Certificate of Convenience and Necessity Criteria), or a certificate of operating authority or a service provider certificate of operating authority in accordance with this section.(1) An applicant for COA or SPCOA certification must demonstrate the capability of complying with this section. An applicant who obtains a COA or SPCOA, or who receives a certificate under this section must maintain compliance with this section.(2) An application must be made on the form prescribed by the commission, verified by oath or affirmation, and signed by an executive officer of the applicant.(3) Except where good cause exists to extend the time for review, the presiding officer must issue an order finding whether the application is deficient or complete within 20 days of filing. Deficient applications, including those without necessary supporting documentation, will be rejected without prejudice.(4) While an application is pending, an applicant must inform the commission of any material change in the information provided in the application within five working days of any such change.(5) Except where good cause exists to extend the time for review, the presiding officer will enter an order approving, rejecting, or approving with modifications, an application within 60 days of the filing of the application.(6) While an application is pending, an applicant must respond to any request for information from commission staff within ten days after receipt of the request by the applicant.(e) Standards for granting certification to COA and SPCOA applicants. The commission may grant a COA or SPCOA to an applicant that demonstrates eligibility in accordance with subsection (c) of this section, has the technical and financial qualifications required by this section, has the ability to meet the commission's quality of service requirements to the extent required by PURA and this title, and the applicant and its executive officers and principals do not have a history of violations of rules or misconduct such that granting the application would be inconsistent with the public interest. In determining whether to grant a certificate, the commission will consider whether the applicant has satisfactorily provided the information required under this section in the application.(f) Financial requirements. To obtain COA or SPCOA certification, an applicant must demonstrate shareholders' equity as required by this subsection.(1) To obtain facilities-based certification, an applicant must demonstrate shareholders' equity of not less than $100,000. To obtain resale-only or data-only certification, an applicant must demonstrate shareholders' equity of not less than $25,000.(2) For the period beginning on the date of certification and ending one year after the date of certification, the certificate holder must not make any distribution or other payment to any shareholders or affiliates if, after giving effect to the distribution or other payment, the shareholders' equity of the certificate holder is less than the amount required by this paragraph. The restriction on distributions or other payments contained in this paragraph includes dividend distributions, redemptions and repurchases of equity securities, loans, or loan repayments to shareholders or affiliates.(3) Shareholders' equity must be documented by an audited or unaudited balance sheet for the applicant's most recent quarter. The audited balance sheet must include the independent auditor's report. The unaudited balance sheet must include a sworn statement from an executive officer of the applicant attesting to the accuracy, in all material respects, of the information provided in the unaudited balance sheet.(g) Technical and managerial requirements. To obtain COA or SPCOA certification, an applicant must have and maintain the technical and managerial resources and ability to provide continuous and reliable service in accordance with PURA, commission rules, and other applicable laws.(1) To obtain facilities-based certification, an applicant must have principals, consultants or permanent employees in managerial positions whose combined experience in the telecommunications industry equals or exceeds five years. To obtain resale-only or data-only certification, an applicant must have principals or permanent employees in managerial positions whose combined experience in the telecommunications industry equals or exceeds one year.(2) To support technical qualification, an applicant must provide the following documentation: the name, title, number of years of telecommunications or related experience, and a description of the experience for each principal, consultant and/or permanent employee that the applicant will rely upon to demonstrate the experience required by paragraph (1) of this subsection.(3) An applicant must include the following in its application for COA or SPCOA certification:(A) Any complaint history, disciplinary record and compliance record during the 60 months immediately preceding the filing of the application regarding: the applicant; the applicant's affiliates that provide utility-like services such as telecommunications, electric, gas, water, or cable service; the applicant's principals; and any person that merged with any of the preceding persons;(i) The complaint history, disciplinary record, and compliance record must include information from any federal agency including the U.S. Securities and Exchange Commission; any self-regulatory organization relating to the sales of securities, financial instruments, or other financial transactions; state public utility commissions, state attorney general officers, or other regulatory agencies in states where the applicant is doing business or has conducted business in the past including state securities boards or commissions, the Texas Secretary of State, Texas Comptroller's Office, and Office of the Texas Attorney General. Relevant information includes the type of complaint, status of complaint, resolution of complaint, and the number of customers in each state where complaints occurred.(ii) The applicant may request to limit the inclusion of this information if it would be unduly burdensome to provide, so long as the information provided is adequate for the commission to assess the complaint history, disciplinary record, and compliance record of the applicant and the principals and affiliates of the applicant.(iii) The commission may also consider any complaint information on file at the commission.(B) A summary of any history of insolvency, bankruptcy, dissolution, merger, or acquisition of the applicant or any predecessors in interest during the 60 months immediately preceding the application;(C) A statement indicating whether the applicant or the principals of the applicant are currently under investigation or have been penalized by an attorney general or any state or federal regulatory agency for violation of any deceptive trade or consumer protection laws or regulations; and(D) Disclosure of whether the applicant or principals of the applicant have been convicted or found liable for fraud, theft, larceny, deceit, or violations of any securities laws, customer protection laws, or deceptive trade laws in any state.(4) Quality of service and customer protection.(A) The applicant must affirm that it will meet the commission's applicable quality-of-service standards as listed on the quality of service questionnaire contained in the application. The quality-of-service standards include E9-1-1 compliance and local number portability capability. Data-only providers are not subject to the requirements for E9-1-1 and local number portability compliance as applicable to switched voice services.(B) The applicant must affirm that it is aware of and will comply with the applicable customer protection rules and disclosure requirements as set forth in Chapter 26, Subchapter B, of this title (relating to Customer Service and Protection).(5) Limited scope of COAs and SPCOAs. If, after considering the factors in this subsection, the commission finds it to be in the public interest to do so, the commission may:(A) Limit the geographic scope of the COA.(B) Limit the scope of an SPCOA's service to facilities-based, resale-only, data-only, geographic scope, or some combination of the preceding list.(h) Certificate Name. All local exchange telephone service, basic local telecommunications service, and switched access service provided under a COA or SPCOA must be provided in the name under which certification was granted by the commission. The commission will grant the COA or SPCOA certificate in only one name.(1) The applicant must provide the following information from its registration with the Texas Secretary of State or registration with another state or county, as applicable:(A) Form of business being registered (e.g., corporation, company, partnership, sole proprietorship, etc.);(B) Any assumed names;(C) Certification or file number; and(D) Date business was registered.(2) Business names must not be deceptive, misleading, inappropriate, confusing or duplicative of existing name currently in use or previously approved for use by a certificated telecommunications provider (CTU).(3) Any name in which the applicant proposes to do business will be reviewed for compliance with paragraph (2) of this subsection. If the presiding officer determines that any requested name does not meet the requirements of paragraph (2) of this subsection, the presiding officer must notify the applicant that the requested name may not be used by the applicant. The applicant will be required to amend its application to provide at least one suitable name to be certificated.(i) Amendment of a COA or SPCOA Certificate.(1) A person or entity granted a COA or SPCOA in accordance with this section must file an application to amend a COA or an SPCOA certificate in a commission approved format to:(A) Change the corporate name or assumed name of the certificate holder.(i) Name change amendments may be granted via administrative approval if the holder is in compliance with applicable commission rules and no hearing is requested.(ii) Commission staff will review any name in which the applicant proposes to do business. If staff determines that any requested name is deceptive, misleading, vague, inappropriate, or duplicative, it must notify the applicant that the requested name is prohibited for use by the applicant. An applicant is required to provide at least one suitable name or the amendment will be denied by the presiding officer.(B) Change the geographic scope of a COA or an SPCOA.(C) Sell, transfer, assign, or lease a controlling interest in the COA or SPCOA or sell, transfer or lease a controlling interest in the entity holding the COA or the SPCOA. An application for this type of amendment must:(i) be filed at least 60 days prior to the occurrence of the transaction;(ii) be jointly filed by the transferor and transferee;(iii) comply with the requirements for certification; and(iv) comply with applicable commission rules.(D) Change of type of provider from resale-only, facilities-based only or data-only on a SPCOA certificate.(E) Discontinuation of service and relinquishment of certificate, or discontinuation of an optional service by a deregulated company holding a certificate of operating authority or an exempt carrier.(i) A deregulated company holding a certificate of operating authority or an exempt carrier must provide the information in subclauses (I)-(III) of this clause for the discontinuation of service and relinquishment of its certificate. The requirements for the discontinuation of optional services do not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier.(I) Certification that the carrier will send customers whose service is being discontinued a notification letter providing a minimum of 61 days of notice of termination of service and clearly stating the date of termination of service;(II) A statement regarding the disposition of customer credits and deposits; and(III) Certification that the carrier will comply with §26.24 of this title (relating to Credit Requirements and Deposits).(ii) A carrier that does not meet the criteria of clause (i) of this subparagraph must comply with subsections (m) and (n) of this section to discontinue service, relinquish a certificate, or discontinue an optional service.(2) If the application to amend the COA or SPCOA certificate is for a corporate restructuring, a change in internal ownership, or an internal change in controlling interest, the applicant may file an abbreviated amendment application, unless the ownership or controlling interest involves an uncertificated company, significant changes in management personnel, or changes to the underlying financial qualifications of the certificate holder that were previously approved by the commission. If commission staff cannot determine continued compliance with the applicable substantive rules based on the information provided on the abbreviated amendment application, then a full amendment application must be filed by the applicant.(3) When a certificate holder acquires or merges with another certificate holder, other than a CCN holder, the acquiring entity must file a notice within 30 calendar days of the closing of the acquisition or merger in a project established by staff. Staff will have ten working days to review the notice and determine whether a full amendment application will be required. If staff has not filed, within ten working days, a request to docket the proceeding and determination that a full amendment application is required, a notice of approval may be issued. Notice to the commission must include but not be limited to:(A) A joint filing statement;(B) Certificated entity names, certificate numbers, contact information, and statements of compliance; and(C) An affidavit from each certificated entity attesting to compliance with COA or SPCOA certification requirements, as applicable.(4) No later than five working days after filing an application or amendment with the commission, the applicant must provide a copy of the application or amendment to the Commission on State Emergency Communications and, in accordance with paragraph (3) of this subsection, notice to all affected 9-1-1 administrative entities. The applicant may provide the amendment application and notice via electronic mail.(5) If the application to amend requests any change other than a name change, the factors as set forth in subsections (c) and (d) of this section may be considered by the commission in determining whether to approve an amendment to a COA or SPCOA.(j) Non-use of certificates. Applicants must use their COA or SPCOA certificates expeditiously.(1) A certificate holder that has discontinued providing service for a period of 12 consecutive months after the date the certificate holder has initially begun providing service must file an affidavit on an annual basis attesting that it continues to possess the required technical and financial resources necessary to provide the level of service proposed in its initial application.(2) A certificate holder that has not provided service within 24 months of being granted the certificate by the commission may have its certificate suspended or revoked.(k) Renewal of certificates. Each COA and SPCOA holder must file with the commission a renewal of its certification once every ten years. The commission may, prior to the ten year renewal requirement, require each COA and SPCOA holder to file a renewal of its certification.(1) The certification renewal must include:(A) the certificate holder's name;(B) the certificate holder's address; and(C) the most recent version of the annual report the commission requires the certificate holder to submit to comply with subsection (l)(1) of this section, to the extent required by PURA and this title.(2) A certification renewal must be filed on or before June 1, 2014, and every ten years thereafter.(3) COA or SPCOA holders will have an automatic extension of the filing deadline until October 1 of each reporting year to comply with paragraph (1) of this subsection. Commission staff will send three notices to each COA and SPCOA holder that has not submitted its certification renewal by June 1. The first notice will be sent on or before July 1, the second notice will be sent on or before August 1, and the third notice will be sent on or before September 1. Failure to send any of these notices by commission staff or failure to receive any of these notices by a COA or SPCOA holder must not affect the requirement to renew a certificate under this section by October 1 of the renewal period.(4) Failure to timely file the annual renewal required in paragraph (1) of this subsection on or before October 1 of each reporting year will automatically render the certificate of the COA or SPCOA invalid and therefore no longer in compliance with PURA §54.001.(5) COA or SPCOA holders that continue to provide regulated telecommunications services under an invalid COA or SPCOA may be subject to administrative penalties and other enforcement actions.(6) A certificate holder whose COA or SPCOA certificate is invalid may obtain a new certificate only by complying with the requirements prescribed for obtaining an original certificate.(l) Reporting Requirements.(1) Each COA or SPCOA holder must provide and maintain accurate contact information via the annual report to the extent required by PURA and this title. At a minimum, the COA or SPCOA holder must maintain a current regulatory contact person, complaint contact person, primary and secondary emergency contact, operation and policy migration contact, business physical and mailing address, primary business telephone number, toll-free customer service number, and primary email address. The COA or SPCOA holder must submit the required information in the manner established by the commission.(2) The applicable annual report is due on or before April 30 of each calendar year. The COA or SPCOA holder must electronically submit the required information in a manner established by the commission.(3) When terminating or disconnecting service to another CTU, a COA or an SPCOA holder must file a copy of the termination or disconnection notice with the commission not later than two working days after the notice is sent to the CTU. The service termination or disconnection notice must be filed in a project established for that purpose.(4) COA and SPCOA holders must file a notice of the initiation of a bankruptcy in a project number established for that purpose. The notice must be filed not later than five working days after the filing of the bankruptcy petition. The notice of bankruptcy must also include, at a minimum, the following information:(A) The name of the certificated company that is the subject of the bankruptcy petition, the date and state in which bankruptcy petition was filed, type of bankruptcy such as Chapter 7, 11, or 13, and whether the bankruptcy is voluntary or involuntary, the bankruptcy case number; and(B) The number of affected customers, the type of service provided to the affected customers, and the name of each provider of last resort associated with the affected customers.(5) Reports.(A) A certificate holder must file all reports to the extent required by PURA and this title, including §26.51 of this title (relating to Reliability of Operations of Telecommunications Providers); §26.76 of this title (relating to Gross Receipts Assessment Report); §26.80 of this title (relating to Annual Report on Historically Underutilized Businesses); §26.85 of this title (relating to Report of Workforce Diversity and Other Business Practices); §26.89 of this title (relating to Nondominant Carriers' Obligations Regarding Information on Rates and Services); §26.465 of this title (relating to Methodology for Counting Access Lines and Reporting Requirements for Certified Telecommunications Providers); and §26.467 of this title (relating to Rates, Allocation, Compensation, Adjustments and Reporting).(B) An amendment for certification must include a copy of the applicant's most recent tariff that has been approved by the commission in accordance with §26.207 of this title (relating to Form and Filing of Tariffs), §26.208 of this title (relating to General Tariff Requirements), and other commission rules as applicable or specified by those provisions. A tariff that has not been approved but is currently under review by the commission may be used to satisfy this requirement.(i) A control number for the project associated with the applicant's most recently approved tariff or tariff that is currently under review by the commission may be provided as an alternative to providing a copy.(ii) An entity subject to §26.89 of this title (Relating to Nondominant Carriers' Obligations Regarding Information on Rates and Services) may, but is not required to, comply with this paragraph.(m) Standards for cessation of operations and relinquishment of certification. A COA or SPCOA holder may cease operations in the state only if authorized by the commission in accordance with this subsection. A COA or SPCOA holder that ceases operations and relinquishes its certification must comply with PURA §54.253. This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier.(1) Before the certificate holder ceases operations, it must give notice of the intended action to the commission, each affected customer, the Commission on State Emergency Communications (CSEC), each affected 9-1-1 administrative entity, the Office of Public Utility Counsel (OPUC), each wholesale provider of telecommunications facilities or services from which the certificate holder purchased facilities or services, the Texas Comptroller of Public Accounts, the Texas Secretary of State and the administrator of the Texas Universal Service Fund.(A) The notification letter must clearly state the intent of the certificate holder to cease providing service.(B) The notification letter must provide each customer a minimum of 61 days of notice of termination of service, and the date of the termination of service must be clearly stated in the notification letter.(C) The notification letter must inform each customer of the carrier of last resort or make other arrangements to provide service as approved by each customer.(2) A COA or SPCOA holder that intends to cease operations must file with the commission an application to cease operations and relinquish its certificate, and provide a copy of the application to CSEC. The application must provide the following information:(A) Name, address, and phone number of the certificate holder;(B) COA or SPCOA certificate number being relinquished;(C) The commission control number in which the COA or SPCOA was granted;(D) A description of the areas in which service will be discontinued and whether basic local telecommunications service is available from other certificate holders in these areas;(E) A description of any contractual arrangements with customers that will not be honored, as a consequence of the cessation of operations; and(F) A statement regarding the disposition of customer credits and deposits, and a sworn statement stating the authority to relinquish certification, that proper notice of the relinquishment has been provided to all customers, and that the information provided in the application is true and correct.(3) All customer deposits and credits must be returned within 60 days of notification to cease operations and relinquish certification.(4) Any switchover fees that will be charged to affected customers as a consequence of the cessation of operations must be paid by the certificate holder relinquishing the certificate.(5) Commission approval of the cessation of operations does not relieve the COA or SPCOA of obligations to its customers under contract or other applicable law.(n) Standards for discontinuing optional services. A COA or SPCOA holder discontinuing an optional service must comply with PURA §54.253. This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier.(1) The COA or SPCOA holder must file an application with the commission to discontinue optional services, which must provide the following information:(A) Name, address, and phone number of the certificate holder;(B) COA or SPCOA certificate number being amended;(C) The commission control number in which the COA or SPCOA was granted;(D) A description of the optional services that will be discontinued and whether such services are available from other certificate holders in the areas served by the certificate holder;(E) A description of any contractual arrangements with customers that will not be honored, as a consequence of the discontinuation of optional services; and(F) A sworn statement stating the authority to discontinue service options, that proper notice of the discontinuation of service has been provided to all customers, and that the information provided in the amended application is true and correct.(2) Notification to each customer receiving optional services is required, and must comply with the following requirements:(A) The notification letter must clearly state the intent of the certificate holder to cease an optional service and a copy of the letter must be provided to the commission and OPUC.(B) The notification letter must give customers a minimum of 61 days of notice of the discontinuation of optional services.(3) All customer deposits and credits associated with a discontinued optional service must be returned within 30 days of the discontinuation.(4) The certificate holder must maintain the optional services until it has obtained commission authorization to cease the optional services.(5) If the amendment application requests any change other than a name change, the factors as set forth in subsections (c) and (d) of this section may be considered by the commission in determining whether to approve an amendment to a COA or an SPCOA.(o) Revocation or suspension. A certificate granted in accordance with this section is subject to amendment, suspension, or revocation by the commission for violation of PURA or commission rules or if the commission determines that holder of the certificate does not meet the requirements under this section to the extent required by PURA and this title. A suspension of a COA or an SPCOA certificate requires the cessation of all activities associated with obtaining new customers in the state of Texas for a product or service that require a COA or an SPCOA. A revocation of a COA or SPCOA certificate requires the cessation of activities in the state of Texas that require a COA or an SPCOA in accordance with commission order. The commission may also impose an administrative penalty on a person for a violation of PURA or commission substantive rules. Commission Staff or any affected person may bring a complaint seeking to amend, suspend, or revoke a COA or an SPCOA certificate. Grounds for initiating an investigation that may result in the suspension or revocation include the following:(1) Non-use of approved certificate for a period of 24 months, without re-qualification prior to the expiration of the 24-month period;(2) Providing false or misleading information to the commission;(3) Failure to meet financial obligations on a timely basis, or the inability to obtain or maintain the financial resources needed to provide adequate service;(4) Violation of any state law applicable to the certificate holder that affects the certificate holders' ability to provide telecommunications services;(5) Failure to meet commission reporting requirements to the extent required by PURA and this title;(6) Engaging in fraudulent, unfair, misleading, deceptive, or anti-competitive practices or unlawful discrimination in providing telecommunications service;(7) Switching, or causing a customer's telecommunications service to be switched, without first obtaining the customer's permission;(8) Billing an unauthorized charge, or causing an unauthorized charge to be billed, to a customer's telecommunications service bill;(9) Failure to maintain financial resources in accordance with subsection (f)(1) of this section;(10) A pattern of not responding to commission inquiries or customer complaints in a timely fashion;(11) Suspension or revocation of a registration, certification, or license by any state or federal authority;(12) Conviction of a felony by the certificate holder, a person controlling the certificate holder, or principal employed by the certificate holder, or any crime involving theft, fraud, or deceit related to the certificate holder's service;(13) Failure to serve as a provider of last resort if required to do so by the commission;(14) Failure to provide required services to customers under the federal or Texas Universal Service Fund;(15) Failure to comply with the rules of the federal or Texas Universal Service Fund; and(16) Violations of PURA or any commission rule or order applicable to the certificate holder.", "sourceNote": "Source Note: The provisions of this §26.111 adopted to be effective December 13, 2010, 35 TexReg 10945; amended to be effective April 7, 2014, 39 TexReg 2564; amended to be effective November 13, 2014, 39 TexReg 8687; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133416", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.121", "label": "Privacy Issues" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215857", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Unless the context clearly indicates otherwise, in this section the term \"utility\" shall refer to all dominant certificated telecommunications utilities as defined in §26.5 of this title (relating to Definitions).(b) Purpose. It is commission policy that customers of all dominant certificated telecommunications utilities should be permitted to control the outflow of information about themselves.(c) Lost privacy. Any dominant certificated telecommunications utility proposing to offer a new service or a new feature to an existing service under the provisions of §26.207 of this title (relating to Form and Filing of Tariffs), §26.209 of this title (relating to New and Experimental Services), §26.210 of this title (relating to Promotional Rates for Local Exchange Company Services), §26.211 of this title (relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges), or §26.227 of this title (relating to Procedures Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic Services for Chapter 58 Companies) for which the commission finds diminished customer privacy, and for which the dominant certificated telecommunications utility has not shown good cause pursuant to subsections (d)(2)(B)(ii) and (d)(2)(D) of this section, must, in a manner ordered by the commission:(1) provide a means of restoring the lost privacy at no charge to customers; and(2) educate all customers as to the means to regain the lost privacy.(d) New services or features. For all dominant certificated telecommunications utility applications filed pursuant to §26.207 of this title, §26.209 of this title, §26.210 of this title, §26.211 of this title, or §26.227 of this title, the dominant certificated telecommunications utility must identify all privacy issues, as that term is defined in §26.5 of this title, that result from the implementation of the new service or feature, and all privacy issues that could diminish customers' privacy.(1) Identification of privacy issues. The dominant certificated telecommunications utility shall identify all privacy issues that result from the implementation of the new service or feature. Identification of privacy issues shall include, but not be limited to:(A) identification and description of the type of information that is released as a result of the new service or feature;(B) identification of the category of customers about whom information will be released;(C) identification of the category of entities to whom information about a customer will be released;(D) identification and description of the change in the technology used to convey the information;(E) identification and description of the change in the time at which the information is conveyed; and(F) identification and description of any other change in the collection, use, storage, or release of information.(2) Lost degree of privacy. For each privacy issue identified pursuant to paragraph (1) of this subsection, the dominant certificated telecommunications utility shall identify all circumstances under which a customer of the dominant certificated telecommunications utility may experience diminished privacy as a result of the implementation of the new service or feature proposed in the application, including, but not limited to, whether a customer's name, address, or telephone number will be provided to a called party or to any other third party, and for each such circumstance identified:(A) state whether the lost degree of privacy can be restored by the affected customers and how such customers can restore it;(B) state whether the dominant certificated telecommunications utility will charge the affected customers for restoring the lost degree of privacy and, if applicable:(i) state what such charge will be; and(ii) show good cause for such charge;(C) state how the dominant certificated telecommunications utility will educate the affected customers as to the implications for privacy and, if applicable, the means by which such customers can restore the lost degree of privacy; and(D) show good cause, if applicable, for not offering the affected customers a means by which the lost degree of privacy can be restored.(3) Staff review. Staff shall review all applications submitted by a dominant carrier under the provisions of §26.207 of this title, §26.209 of this title, §26.210 of this title, §26.211 of this title, or §26.227 of this title for privacy issues and privacy issues resulting in a lost degree of privacy.(e) Notice of number delivery over 800, 888, and other toll-free prefixes and 900 services. The dominant certificated telecommunications utilities shall print in the white pages of their telephone directories, and send as a billing insert annually to all of their customers, the statement: \"Per-line or per-call blocking does not prevent transmission of your telephone number when you call a company using an 800, 888 or 900 number. Therefore, your number may be available to that company's service representative before your call is answered.\" The statement must appear in all telephone directories published for the dominant certificated telecommunications utility subsequent to the effective date of this section. The statement must appear annually as a billing insert for each dominant certificated telecommunications utility.", "sourceNote": "Source Note: The provisions of this §26.121 adopted to be effective November 15, 1998, 23 TexReg 11642; amended to be effective November 29, 2007, 32 TexReg 8468." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215857", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.123", "label": "Caller Identification Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155912", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Unless the context clearly indicates otherwise, this section applies to all telecommunications utilities and providers of commercial mobile radio services otherwise herein referred to as \"Providers of Caller ID.\" This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Regulatory Act (PURA) §52.154.(b) Caller identification services (\"caller ID\").(1) Application. This subsection does not apply to:(A) an identification service that is used within the customer's own system, including a central office based PBX-type system;(B) information that is used on a public agency's emergency telephone line or on a line that receives the primary emergency telephone number (9-1-1, or E9-1-1);(C) information passed between telecommunications utilities, enhanced service providers, or other entities that is necessary for the set-up, processing, transmission, or billing of telecommunications or related services;(D) information provided in compliance with applicable law or legal process; or(E) an identification service provided in connection with a \"700,\" \"800,\" \"888,\" \"900,\" or similar access code telecommunications service.(2) Caller ID blocking.(A) Per-call blocking. All providers of caller ID must provide per-call blocking at no charge to each telephone subscriber in the specific area in which caller ID is offered.(B) Per-line blocking.(i) A provider of caller ID may offer and provide per-line blocking to any customer at any time without any notification to the commission by the customer or the provider. The telecommunications provider is encouraged to notify the customer by mail of the effective date that per-line blocking will be instituted.(ii) All providers of caller ID, except commercial mobile radio service providers, must provide per-line blocking at no charge to a particular customer in the specific area in which caller ID is offered if the commission receives from the customer written certification that the customer has a compelling need for per-line blocking. Commercial mobile radio service providers must provide per-line blocking to a particular customer in the specific area in which caller ID is offered if the commission receives from the customer written certification that the customer has a compelling need for per-line blocking.(I) When a customer requests per-line blocking through the commission, the provider of caller ID must notify the customer by mail of the effective date that per-line blocking will be instituted.(II) The commission may prescribe and assess fees and assessments from providers of caller ID in an amount sufficient to cover the additional expenses incurred by the commission in implementing the customer certification provisions of this clause.(III) Reports, records, and information received under this clause by the commission or by a provider of caller ID are confidential and may be used only for the purposes of administering this subparagraph.(iii) A provider of caller ID may assess a service order charge relating to administrative costs to reinstate per-line blocking on a line, if the customer initially received the per-line block at no charge and then later asked the provider to remove it. The service charge authorized by this clause must be approved by the commission except where the provider of Caller ID is a commercial mobile radio service provider.(3) Blocking failures and provider responsibilities. When a provider of caller ID service to a customer originating a call becomes aware of a failure to block the delivery of calling party information from a line equipped with per-line blocking or per-call blocking, and the caller had attempted to block the call, it must report such failure to the Caller ID Consumer Education Panel, the commission, and the affected customer if that customer did not report the failure. The provider must report such failure to the commission by contacting the commission liaison to the panel. A reasonable effort must be made to notify the affected customer within 24 hours after the provider becomes aware of such failure.(4) Public policy statement. A provider of caller ID services must inform all of its telephone subscribers of how the subscriber can unblock a line equipped with per-line blocking.(5) Filing of caller ID materials. A provider of caller ID services must file all caller ID materials in Project 14505.(c) Usage of calling party information in other services. A dominant certificated telecommunications utility may not use calling party information to allow the called party to contact the calling party, when that calling party had indicated a desire for privacy in the initial call by blocking the delivery of his or her calling party information through the use of either a per-call or per-line blocking option, as those terms are defined in §26.5 of this title (relating to Definitions).", "sourceNote": "Source Note: The provisions of this §26.123 adopted to be effective November 15, 1998, 23 TexReg 11642; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155912", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.124", "label": "Pay-Per-Call Information Services Call Blocking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164787", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Free blocking. Within 90 days of being declared a dominant carrier, all dominant certificated telecommunications utilities (DCTUs) are required, upon request from the end user only, to block access to all pay-per-call information services when a call is placed to a 1-900-XXX-XXXX or 976-XXXX number. There will be no charge to the end user for the first blocking request when pay-per-call information service blocking is first installed on the end user's line. However, there may be a non-recurring charge applicable for subsequent blocking requests, if prior blocking has been removed and is being reinstated.(b) Subscription to blocking.(1) End users not currently receiving blocking. To restrict access to pay-per-call information services, end users must order blocking either orally or by using a written ballot. Within 60 days of being declared a DCTU, each DCTU must notify its end users of the free blocking opportunity and send a post-paid ballot to all existing end users (either through bill inserts or a separate mailing) allowing them to choose whether they want to restrict access to pay-per-call information services.(2) New end users must be offered free blocking of pay-per-call information service calls at the time of their service order. There will be no charge to the end user for the first blocking request, but there may be a non-recurring charge applicable for subsequent blocking requests.(3) End users electing not to restrict access to pay-per-call information services will have access to all 900 and 976 pay-per-call information services available in their service area.(c) Mandatory blocking. In areas where restricting access to pay-per-call information services on a selective, per-line basis is not technically possible, all access to the pay-per-call information services must be blocked.(1) End users whose access to pay-per-call information services is blocked pursuant to this provision shall be notified prior to the time of the blocking that such blocking will take place, the fact that such blocking is being done pursuant to this section, and that such blocking is required due to the fact that restriction of access to such services is not technically possible at that time.(2) Once an area that has been mandatorily blocked attains the technological capability to provide per-line blocking, the DCTU shall provide the notice and balloting procedures set out in subsections (a) and (b) of this section. A blocking request from the end user received thereafter by the DCTU shall be treated as an initial blocking request and implemented without charge.(d) Disconnection. A DCTU may not disconnect an end user's local telephone service for nonpayment of charges for pay-per-call information service. A DCTU may implement involuntary blocking of pay-per-call information service for nonpayment of charges for pay-per-call information service.(e) Compliance. Each DCTU that is subject to rate of return regulation under Public Utility Regulatory Act, Chapter 53 shall file tariffs in compliance with this section. The compliance tariffs will be reviewed by staff. Within 35 days of the date of filing of the tariffs, the tariffs will either be approved or the effective date of the tariff will be suspended for further review.", "sourceNote": "Source Note: The provisions of this §26.124 adopted to be effective December 30, 1999, 24 TexReg 11742; amended to be effective April 4, 2012, 37 TexReg 2178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164787", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.125", "label": "Automatic Dial Announcing Devices (ADADs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215858", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to regulate the use of ADADs. (b) Application. The provisions of this section apply to an ADAD used to make a telephone call that originates or terminates in the state of Texas. (c) Requirements for use of an ADAD. A person who operates an ADAD to make a telephone call in which the device plays a recorded message when a connection is completed to a telephone number must comply with the following requirements. (1) An ADAD operator must obtain a permit from the commission and give written notice specifying the type of device to be connected to each telecommunications utility over whose system the device is to be used. (2) The device must not be used for random number dialing or to dial numbers by successively increasing or decreasing integers. In addition, the device must not be used in a way such that two or more telephone lines of a multi-line business are engaged simultaneously. (3) Within the first 30 seconds of the call, the ADAD message must clearly state the nature of the call, the identity of the business, individual, or other entity initiating the call, and the telephone number (other than that of the ADAD which placed the call) or address of the business, individual, or entity. This paragraph does not apply to the ADAD if the ADAD is used: (A) for debt collection purposes in compliance with applicable federal law and regulations; and (B) by a live operator for automated dialing for hold announcement purposes. (4) The entire ADAD message must be delivered in a single language. (5) The device must disconnect from the called person's line no later than five seconds after the call is terminated by either party or, if the device cannot disconnect within that period, a live operator must introduce the call and receive the oral consent of the called person before beginning the message. In addition, the device must comply with the line seizure requirements in 47 Code of Federal Regulations §68.318(c). (6) The device, when used for solicitation purposes, must have a message shorter than 30 seconds or have the technical capacity to recognize a telephone answering device on the called person's line and terminate the call within 30 seconds. (7) For calls terminating in Texas, the device must not be used to make a call: (A) for solicitation before noon or after 9:00 p.m. on a Sunday or before 9:00 a.m. or after 9:00 p.m. on a weekday or a Saturday; or (B) for collection purposes at an hour at which collection calls would be prohibited under the federal Fair Debt Collection Practices Act (15 United States Code §1692, et seq.). (8) Calls may not be made to emergency telephone numbers of hospitals, fire departments, law enforcement offices, medical physician or service offices, health care facilities, poison control centers, \"911\" lines, or other entities providing emergency service. In addition, calls may not be made to telephone numbers of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment, any telephone numbers assigned to paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier, or any service for which the called party is charged for the call. (9) If during a call a cross-promotion or reference to a pay-per-call information service is made, the call must include: (A) a statement that a charge will be incurred by a caller who makes a call to a pay-per-call information services telephone number; (B) the amount of the flat-rate or cost-per-minute charge that will be incurred or the amount of both if both charges will be incurred; and (C) the estimated amount of time required to receive the entire information offered by the service during a call. (d) Permit to operate an ADAD. (1) An application for a permit to use one or more ADADs must be made using a form prescribed by the commission and must be accompanied by a fee of $50. A permit is valid for one year after its date of issuance. An application for a renewal permit shall be filed using the form prescribed by the commission, accompanied by a fee of $15, not less than 90 days prior to the expiration date of the current permit. (2) Each application for the issuance or renewal of a permit under this section must contain the telephone number of each ADAD that will be used and the physical address from which the ADAD will operate in the format required by the commission. If the telephone number of an ADAD or the physical address from which the ADAD operates changes, the owner or operator of the ADAD shall notify the commission by certified mail in the required format of each new number or address not later than the 48th hour before the hour at which the ADAD will begin operating with the new telephone number or at the new address. If the owner or operator of an ADAD fails to notify the commission as required by this subsection within the period prescribed by this subsection, the permit is automatically invalid. (3) In determining if a permit should be issued or renewed, the commission will consider the compliance record of the owner or operator of the ADAD. The commission may deny an application for the issuance or renewal of a permit because of the applicant's compliance record. (4) A local exchange company (LEC) may obtain, on request to the commission, a copy of a permit issued under this section and of any changes relating to the permit. (5) The commission may revoke a permit to operate an ADAD for failure to comply with this section. (e) Exceptions. This section does not apply to the use of an ADAD to make a telephone call: (1) relating to an emergency or a public service under a program developed or approved by the emergency management coordinator of the county in which the call was received; (2) made by a public or private primary or secondary school system to locate or account for a truant student; (3) made by a municipality or a person calling on behalf of a municipality to deliver information to citizens of the municipality regarding public health, safety, or welfare issues; or (4) made by an organization to a member of the organization. (f) Complaints, investigation, and enforcement. (1) If the commission determines that a person has violated the requirements of this section, the telecommunications utility providing service to the user of the ADAD shall comply with a commission order to disconnect service to the person. The telecommunications utility may reconnect service to the person only on a determination by the commission that the person will comply with this section. The telecommunications utility shall give notice to the person using the ADAD of the telecommunications utility's intent to disconnect service not later than the third day before the date of the disconnection, except that if the ADAD is causing network congestion or blockage, the notice may be given on the day before the date of disconnection. (2) A telecommunications utility may, without an order by the commission or a court, disconnect or refuse to connect service to a person using or intending to use an ADAD if the telecommunications utility determines that the device would cause or is causing network harm. (3) A LEC that receives a complaint relating to the use of an ADAD shall send the complaint to the commission according to the following guidelines: (A) the complaint shall be recorded on a form prescribed by the commission; (B) the LEC shall inform the complainant that the complaint, including the identity of the complainant and other information relevant to the complaint, will be forwarded to the commission; (C) the complaint form and any written complaint shall be forwarded to the commission within three business days of its receipt by the LEC. (g) Permit suspension/child support enforcement. In consideration of the Texas Family Code Annotated, Chapter 232, as it may be subsequently amended, which provides for the suspension of state-issued licenses for failure to pay child support, the commission shall follow the procedures set out in this subsection. (1) Provision of information to a Title IV-D agency. Upon request, the commission shall provide a Title IV-D agency with the name, address, social security number, license renewal date, and other identifying information for each person who holds, applies for, or renews an ADAD permit issued by the commission. This information shall be provided in a format agreed to between the Title IV-D agency and the commission. (2) Suspension of permit. Upon receipt of a final order issued by a court or a Title IV-D agency suspending an ADAD permit under the provisions of the Texas Family Code, Chapter 232, the commission shall immediately: (A) record the suspension of the permit in the commission's files; and (B) notify the telecommunications utility providing service to the user of an ADAD that the permit has been suspended. (3) Service disconnection. Upon receipt of notification by the commission that a permit has been suspended under the provisions of this subsection, the telecommunications utility providing service to that user of an ADAD shall immediately disconnect service to that person. (4) Refund of fees. A person who holds, applies for, or renews an ADAD permit issued by the commission that is suspended under the provisions of this subsection is not entitled to a refund of any fees paid under subsection (d) of this section. (5) Reinstatement. The commission may not modify, remand, reverse, vacate, or reconsider the terms of a final order issued by the court or a Title IV-D agency suspending a permit under the provisions of the Texas Family Code, Chapter 232. However, upon receipt of an order by the court or Title IV-D agency vacating or staying an order suspending a person's permit to operate an ADAD, the commission shall promptly issue or re-issue the affected permit to that person if that person is otherwise qualified for the permit and has paid the applicable fees as set out in subsection (d) of this section. (h) Penalties. A person who operates an ADAD without a valid permit, with an expired permit, or with a permit that has been suspended under the provisions of subsection (g) of this section or who otherwise operates the ADAD in violation of this section or a commission order, is subject to an administrative penalty of not more than $1,000 for each day or portion of a day during which the ADAD was operating in violation of this section. However, nothing in this subsection is intended to limit the commission's authority under the Public Utility Regulatory Act §15.021, et seq.", "sourceNote": "Source Note: The provisions of this §26.125 adopted to be effective September 16, 1998, 23 TexReg 9335; amended to be effective February 24, 2000, 25 TexReg 1363; amended to be effective July 10, 2002, 27 TexReg 6009; amended to be effective December 11, 2013, 38 TexReg 8826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215858", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.127", "label": "Abbreviated Dialing Codes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215859", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Code assignments. The following abbreviated dialing codes may be used in Texas:(1) 211--Community Information and Referral Services;(2) 311--Non-Emergency Governmental Service;(3) 411 --(A) Directory Assistance; and(B) Directory Assistance Call Completion;(4) 511--Traffic and Transportation Information;(5) 611--Repair Service;(6) 711--Telecommunications Relay Service;(7) 811--One Call Excavation Notification; and(8) 911--Emergency Service.(b) Use only as directed. A certificated telecommunications utility (CTU) within the State of Texas may assign or use N11 dialing codes only as directed by the commission. (c) Limitations. The following limitations apply to a CTU's use of N11 dialing codes for internal business and testing purposes: (1) use may not interfere with the assignment of such numbers by the FCC and the North American Numbering Plan (NANP); and(2) use of an N11 dialing code must be discontinued on short notice if the number is reassigned on a statewide or nationwide basis. (d) 211 service. (1) Application. This subsection applies to the assignment, provision, and termination of 211 service.(2) Definitions. The following words and terms, when used in this subsection, have the following meanings unless the context indicates otherwise: (A) Alliance of Information and Referral Systems (AIRS)--A professional organization whose mission is to unite and serve the field and to advance the profession of information and referral as a vital means of bringing people and services together. AIRS has developed national quality standards and methods of evaluating information and referral services. (B) Area Information Center (AIC)--An entity that serves as regional coordinator for health and human services information for a specified geographical area or region. (C) Community resource--A for profit or nonprofit resource that provides health or human services in a designated geographic area. (D) Information and referral service--A service whose primary purpose is to maintain information about human service resources in the community and to link people who need assistance with appropriate service providers or to supply descriptive information about the agencies or organizations which offer services.(E) Selective routing--The feature provided with 211 service by which 211 calls are automatically routed to the 211 answering point for serving the place from which the call originates. (F) Texas Information and Referral Network (Texas I & R Network)--A program of the Health and Human Services Commission (HHSC) that is responsible for the development, coordination, and implementation of the statewide information and referral network. (G) 211 answering point--An AIC that: (i) provides 24 hour, seven day a week operations;(ii) is assigned by HHSC the responsibility to receive 211 calls;(iii) serves the area or region designated by HHSC; and(iv) performs the roles and responsibilities of an AIC.(H) 211 service--A telecommunications service provided by a CTU to a designated area information center through which the end user of a public phone system can access services providing free information and referrals regarding community service organizations.(3) Role and responsibilities of the Texas Health and Human Services Commission (HHSC). (A) To designate an AIC as a 211 provider for a particular geographical area; (B) HHSC and the AICs educate the populace about the use of 211 service from its inception through termination; (C) HHSC is responsible for dispute resolution should a conflict regarding the selection of an AIC occur; and(D) HHSC may terminate an AIC's designation for good cause and is responsible for ensuring prompt and efficient selection of a new AIC for continuation of service. (4) Use of the 211 system.(A) 211 calls may not be completed over the 311 or 911 networks or use the 311 or 911 databases. (B) The 211 network must not be used for commercial advertisements.(5) Privacy policy. To preserve the privacy of callers who wish to use the 211 service anonymously, an AIC which uses Automatic Number Identification (ANI), Automatic Location Identification (ALI) service or other equivalent non-blockable information-gathering features for the provision of 211 service must establish an in-house procedure that is consistent with the AIRS national standards and the standards set forth by HHSC that allows access to the 211 service while honoring the caller's call and line-blocking preferences, or caller anonymity.(6) Fee. Neither an AIC nor a CTU may charge end users a fee on a per-call or per-use basis for using the 211 system.(e) 311 service.(1) Scope and purpose. This subsection applies to the assignment, provision, and termination of 311 service. Through this subsection, the commission strives to strengthen the 911 system by alleviating congestion on the 911 system through the establishment of a framework for governmental entities to implement a 311 system for non-emergency police and other governmental services. (2) Definition. The term \"governmental entity\" when used in this subsection means any county, municipality, emergency communication district, regional planning commission, appraisal district, or any other subdivision or district that provides, participates in the provision of, or has authority to provide fire-fighting, law enforcement, ambulance, medical, 911, or other emergency service as defined in Texas Health & Safety Code §771.001, as may be subsequently amended. (3) A CTU must have a commission-approved application to provide 311 service.(4) Requirements of application by CTU.(A) Applications, tariffs, and notices filed under this subsection must be written in plain language, must contain sufficient detail to give customers, governmental entities, and other affected parties adequate notice of the filing, and must conform to the requirements of §26.209 of this title (relating to New and Experimental Services) or §26.211 of this title (relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges), whichever is applicable. (B) A CTU must provide a copy of the text of the proposed notice to notify the public of the request for 311 service with the filing of an application for regulatory approval of the CTU's provision of 311 service. (C) No application for 311 service allowing the governmental entity to charge its citizens a fee on a per-call or per-use basis for using the 311 system must be approved. (D) All applications for 311 service must include the governmental entity's plan to educate its populace about the use of 311 at the inception of 311 service and its plan to educate its populace at the termination of the governmental entity's provision of 311 service. (5) Notice. The presiding officer will determine the appropriate level of notice to be provided and may require additional notice to the public. (A) The CTU must file with the commission a copy of the text of the proposed notice to notify the public of the request for 311 service and the filing of an application for regulatory approval of the CTU's provision of 311 service. This copy of the proposed notice must be filed with the commission not later than ten days after the CTU receives the 311 service request; and(B) The proposed notice must include the identity of the governmental entity, the geographic area to be affected if the new 311 service is approved, and the following language: \"Persons who wish to comment on this application should notify the commission by (specified date, 30 days after notice is published in the Texas Register ). Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711‑3326, or you may call the PUCT Consumer Protection Division at (512) 936-7120 or toll free at (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at 1-800-735-2989.\" (6) A CTU is authorized to provide 311 service only to governmental entities.(7) A 311 service request must initiate the six-month deadline to \"take any necessary steps to complete 311 calls\" as required by the Federal Communications Commission's Order In the Matter of the Use of N11 Codes and Other Abbreviated Dialing Arrangements, CC Docket No. 92-105, FCC 97-51, 12 F.C.C.R. 5572 (February 19, 1997). (8) 311 calls must not be completed over the 911 network or use the 911 database. (9) The 311 network must not be used for commercial advertisements. (10) To preserve the privacy of callers who wish to use the governmental entity's non-emergency service anonymously, a CTU which uses Automatic Number Identification (ANI) service, Automatic Location Identification (ALI) service or other equivalent non-blockable information-gathering features for the provision of 311 service must establish a non-abbreviated phone number that will access the same non-emergency police and governmental services as the 311 service while honoring callers' call- and line-blocking preference. When publicizing the availability of the 311 service, the governmental entity must inform the public if its 311 service has caller or number identification features, and must publicize the availability of the non-abbreviated phone number that offers the same service with caller anonymity. When a CTU uses a Caller Identification service or other equivalent features to provide 311 service, relevant provisions of the commission's substantive rules and of the Public Utility Regulatory Act apply.(11) The commission has the authority to limit the use of 311 abbreviated dialing codes to applications that are found to be in the public interest. (12) The commission has the authority to decide which governmental entity must provide 311 service when there are conflicting requests for concurrent 311 service for the same geographic area, to the extent that negotiations between or among the affected governmental entities fail. The commission will consider the following factors in determining conflicting requests for 311 service: (A) the nature of the service, including the proposed public education portion to be provided by the governmental entity; and(B) the potential magnitude of use of the requested 311 service, such as the number of residents served by the governmental entity and their potential frequency of access to the governmental agencies wishing to use the 311 service.(13) When termination of 311 service is desired, the CTU must file a notice of termination with the commission that contains: (A) proposed notice to the affected area of the termination of 311 service; and(B) the program to educate the affected public of the termination of 311 service. (14) The commission, after receiving the CTU's proposed notice of termination of 311 service and approving the proposed notice through an administrative review, will cause the approved notice to be published in the Texas Register. (f) 811 service.(1) Scope and purpose. This subsection applies to the assignment, provision, and termination of 811 service. Through this subsection, the commission implements the Federal Communications Commission's requirements in Use of N11 Codes and Other Abbreviated Dialing Arrangements, Sixth Report and Order, CC Docket No. 92-105, FCC 05-59 (Mar. 14, 2005), that designated 811 as the national abbreviated dialing code to be used by state One Call notification systems for providing advanced notice of excavation activities to underground facility operators in compliance with the Pipeline Safety Improvement Act of 2002. The commission intends to reduce the possibility of disruptions to underground facilities by implementing 811 service. Implementation of 811 service will facilitate advance notice by excavators of planned excavations to facility operators, allowing facility operators to mark and prepare their facilities before excavation.(2) Authority. Authority for One Call Excavation Notification resides with the Texas Underground Facility Notification Corporation (TUFNG), doing business as One Call Board of Texas and in accordance with Chapter 251 of the Texas Utilities Code.(3) Customer Responsibility. TUFNG is a customer of 811 service. Telecommunications providers whose 811 service is regulated by the commission may require TUFNG to provide 60-days written notice for any call center number additions or changes to ensure timely numbered translations by the 811 service providers.(4) Limitations of liability. Telecommunications providers whose 811 service is regulated by the commission may limit their liability for the provision of 811 service through the inclusion of liability limitations in their tariffs. Liability for gross negligence or willful misconduct cannot be limited.", "sourceNote": "Source Note: The provisions of this §26.127 adopted to be effective April 19, 1999, 24 TexReg 3068; amended to be effective April 16, 2001, 26 TexReg 2828; amended to be effective November 6, 2006, 31 TexReg 9023; amended to be effective August 12, 2010, 35 TexReg 6824; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215859", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.128", "label": "Telephone Directories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=81943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "81943", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The provisions of this section applies to all telephone directory providers to the extent outlined by this section. This section does not apply to a deregulated company holding a certificate of operating authority, or to an exempt carrier that meets the criteria of Public Utility Regulatory Act (PURA) §52.154. For purposes of this section, the term \"a private for-profit publisher\" means a publisher, other than a telecommunications utility or its affiliate, of a telephone directory that contains residential listings and is distributed to the public at minimal or no cost.(b) Telephone directory requirements for all providers. A private, for-profit publisher, and a telecommunications utility or affiliate of a telecommunications utility that publishes a residential telephone directory must comply with the following requirements:(1) A telephone directory must contain a listing of each toll-free and local telephone number for each of the following:(A) state agencies;(B) state public services; and(C) elected state officials who represent all or part of the geographical area for which the directory contains listings.(2) The directory must include the information required in paragraph (1) of this subsection from the most current edition of the Capitol Complex Telephone System Directory prepared and issued by the Department of Information Resources and those modifications to the Capitol Complex Telephone System Directory that are available upon request from the Department of Information Resources.(3) All publishers must contact the Department of Information Resources in writing to determine which issue of the Capitol Complex Telephone System Directory is most current and to obtain the modifications referred to in paragraph (2) of this subsection. The Department of Information Resources will respond within 30 days of receiving the request.(4) The listings required by paragraph (1) of this subsection:(A) may be located at the front of the directory or, if not located at the front of the directory, must be referenced clearly on the inside page of the cover or on the first page following the cover before the main listing of residential and business telephone numbers;(B) must be labeled \"GOVERNMENT OFFICES - STATE\" in 24 point type;(C) must be bordered or shaded in such a way, on the three unbound sides with a border, that will distinguish the state listings from the other listings;(D) must be included in the directory at no cost to the agency or official;(E) must comply with the categorization developed by the Records Management Interagency Coordinating Council. The categorization must be available upon request from the Department of Information Resources. The listings must be arranged in the following manner:(i) alphabetically by subject matter of state agencies; or(ii) alphabetically by agency and public service name;(F) must include the telephone number for state of Texas government information: (512) 463-4630.(c) Private for-profit publisher. Any private for-profit publisher that publishes a residential telephone directory must include in the directory a prominently displayed toll-free number and Internet mail address, established by the commission, through which a person may order a form to request to be placed on the Texas no-call list in order to avoid unwanted telemarketing calls.(d) Additional requirement for telecommunications utilities or affiliates that publish telephone directories.(1) A telecommunications utility or an affiliate of that utility that publishes a business telephone directory that is distributed to the public must publish a listing of each toll-free and local telephone number of each elected official who represents all or part of the geographical area for which the directory contains listings.(2) A telecommunications utility or an affiliate of that utility that publishes and causes to be distributed to the public a residential or business telephone directory must prominently list in the directory the following information: \"The Specialized Telecommunications Assistance Program (STAP) provides financial assistance to help Texas residents with disabilities purchase basic specialized equipment or services needed to access the telephone network. For more information, contact the Texas Department of Health and Human Services at (512) 438-4880. Hearing and speech-impaired individuals may contact the Texas Department of Health and Human Services through Relay Texas at 1-800-735-2989 or https://www.hhs.texas.gov/services/disability/deaf-hard-hearing/stap-services. This program is open to all individuals who are residents of Texas and have a disability.\"(e) Requirements for telecommunications utilities found to be dominant. This subsection applies to a telecommunications utility found to be dominant as to local exchange telephone service or affiliate of a telecommunications utility that publishes a directory on behalf of the telecommunications utility.(1) Annual publication. Telephone directories must be published every calendar year. Except for customers who request that information be unlisted, directories must list the names, addresses, and telephone numbers of all customers receiving local phone service, including customers of other certificated telecommunications utilities (CTUs) in the geographic area covered by that directory. Numbers of pay telephones need not be listed.(2) Distribution. Upon issuance, a copy of each directory must be distributed at no charge for each customer access line served by the telecommunications utility in the geographic area covered by that directory and, if requested, one extra copy per customer access line must be provided at no charge. Notwithstanding any other law, a telecommunications provider or telecommunications utility may publish on its website a telephone directory or directory listing instead of providing for general distribution to the public of printed directories or listings. A provider or utility that publishes a telephone directory or directory listing electronically must provide a print or digital copy of the directory or listing to a customer on request. If a provider or utility chooses to publish its telephone directory or directory listings electronically, it must notify its customers that the first print or digital copy requested by a customer in each calendar year will be provided at no charge to the customer. A printed or digital copy of each directory must be furnished to the commission. A telecommunications utility must also distribute copies of directories in accordance with any agreement reached with another CTU.(3) Front cover requirements. The name of the telecommunications utility, an indication of the area included in the directory, and the month and the year of issue must appear on the front cover. Information pertaining to emergency calls such as for the police and fire departments must appear conspicuously in the front part of the directory pages.(4) Required instructions. The directory must contain instructions concerning:(A) placing local and long distance calls on the network of the telecommunications utility for which the directory is issued;(B) calls to the telecommunications utility's repair and directory assistance services, and locations; and(C) telephone numbers of the business offices of the telecommunications utility as may be appropriate to the area served by the directory.(5) Customer addresses. At the customer's election the directory must list either the customer's street address, a post office box number, or no address. A charge may be imposed upon those customers who desire more than one address listing.(f) References to other sections relating to directory notification. The requirements of this section are in addition to the requirements of the provisions referenced in paragraphs (1) - (4) of this subsection, and other law.(1) Section 26.29 of this title (relating to Prepaid Local Telephone Service (PLTS)) concerning consumer education;(2) Section 26.31 of this title (relating to Disclosures to Applicants and Customers) concerning information to customers;(3) Section 26.121 of this title (relating to Privacy Issues) concerning notice of number delivery over 800, 888, and other toll-free prefixes and 900 services;(4) Section 26.130 of this title (relating to Selection of Telecommunications Utilities) concerning notice of customer rights.(g) Additional requirements. The following requirements apply to telecommunications utilities found to be dominant as to local exchange telephone service or its affiliate that publishes a directory on behalf of such telecommunications utility.(1) Directory assistance. Each telecommunications utility must list each customer with its directory assistance within 72 hours after service connection, except those numbers excluded from listing in subsection (e)(1) of this section, to facilitate the provision of the requested telephone numbers based on customer names and addresses by the directory assistance operators.(2) Non-assigned numbers. All non-assigned telephone numbers in central offices serving more than 300 customer access lines must be intercepted unless otherwise approved by the commission.(3) Disconnected numbers. Disconnected residence telephone numbers must not be reassigned for 30 days and disconnected business numbers must not be reassigned, unless requested by the customer, for 30 days or the life of the directory, whichever is longer, unless no other numbers are available to provide service to new customers.(4) Incorrect listings. If a customer's number is incorrectly listed in the directory and if the incorrect number is a working number and if the customer to whom the incorrect number is assigned requests, the number of the customer to whom the incorrect number is assigned must be changed at no charge. If the incorrect number is not a working number and is a usable number, the customer's number must be changed to the listed number at no charge if requested.(5) Changing telephone numbers to a group of customers. When additions or changes in plant or changes to any other CTU's operations necessitate changing telephone numbers to a group of customers, at least 30 days' written notice must be given to all customers so affected even though the addition or changes may be coincident with a directory issue.", "sourceNote": "Source Note: The provisions of this §26.128 adopted to be effective January 20, 1999, 24 TexReg 301; amended to be effective January 10, 2002, 27 TexReg 381; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=81943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "81943", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.129", "label": "Standards for Access to Provide Telecommunications Services at Tenant Request" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215860", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §§54.259, 54.260, and 54.261 regarding the non-discriminatory treatment of a telecommunications utility by the property owner upon a tenant's request for telecommunications services. (b) Application. (1) This section applies to the following entities: (A) \"Telecommunications utilities\" or \"telecommunications utility\" as defined in PURA §51.002(11), that hold a consent, franchise, or permit as determined to be the appropriate grants of authority by the municipality and hold a certificate if required by PURA; (B) Public or private property owners of commercial property and the property owner's authorized representative(s); and (C) Public or private property owners of commercially operated residential property with four or more dwelling units and the property owner's authorized representative(s). (2) This section does not apply to institutions of higher education as set forth by PURA §54.259(b).(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Conduit - A pipe installed on the property, in a building between floors, attached to walls, between buildings, located in the ceiling or floor space of a building, located on a customer's premise, or from a public right of way into a property for the purposes of containing and protecting cable. (2) Property - A building or buildings that are under common ownership and which are located on a single tract of land or tracts of land that are adjoining or would be in the absence of streets or other public rights-of-ways. (3) Property owner - The owner of the property or its authorized representative(s). (4) Requesting carrier - A telecommunications utility seeking access to space on the property for the purpose of providing telecommunications services to one or more tenants who have requested such services. (5) Space - Area of the property for which access is being requested by the requesting carrier, which will be used to install the telecommunications equipment needed to provide telecommunications services to a requesting tenant on the property. Space includes conduit and may be located in or on the rooftop of a building or buildings on the property. (6) Telecommunications equipment - The equipment installed or used by the requesting carrier to provide telecommunications services to a requesting tenant. (7) Tenant - Any occupant of a building or buildings on the property under the terms of a lease with the property owner which has a remaining term of more than six months and who is not subject to filed bona fide eviction proceedings under such lease with the property owner, or an authorized subtenant of such occupant whose occupancy is subject to the terms of the primary lease which has a remaining term of more than six months.(d) Rights of parties. (1) Tenant's right to choose requesting carrier. A tenant is entitled to choose the provider of its telecommunications services. (2) Property owner's rights to manage access. The requirements of this subsection are not intended to eliminate or restrict the property owner's rights to manage access to public or private property pursuant to PURA §§54.259, 54.260, and 54.261.(A) A property owner may: (i) impose a condition on the requesting carrier that is reasonably necessary to protect: (I) the safety, security, appearance, and condition of the property; and (II) the safety and convenience of other persons; (ii) impose a reasonable limitation on the time at which the requesting carrier may have access to the property to install telecommunications equipment; (iii) impose a reasonable limitation on the number of such requesting carriers that have access to the property, if the property owner can demonstrate a space constraint that requires the limitation; (iv) require a requesting carrier to agree to indemnify the property owner for damage caused installing, operating, or removing telecommunications equipment; (v) require a tenant or requesting carrier to bear the entire cost of installing, operating, or removing telecommunications equipment; and (vi) require requesting carrier to pay compensation that is reasonable and nondiscriminatory among such telecommunications utilities. (B) A property owner may not: (i) prevent the requesting carrier from installing telecommunications equipment on the property upon a tenant request; (ii) interfere with the requesting carrier's installation of telecommunications equipment on the property upon a tenant request; (iii) discriminate against such requesting carrier regarding installation, terms, or compensation of telecommunications equipment to a tenant on the property; (iv) demand or accept an unreasonable payment of any kind from a tenant or the requesting carrier for allowing the requesting carrier on or in the property; or (v) discriminate in favor of or against a tenant in any manner, including rental charge discrimination, based on the identity of a telecommunications utility from which a tenant receives telecommunications services. (3) Requesting carrier's right to access. (A) Upon a tenant request, the requesting carrier has the right to install telecommunications equipment on the property in order to provide telecommunications services to the requesting tenant: (i) for a period no longer than the remaining term of the requesting tenant's lease unless otherwise agreed to by the requesting carrier and the property owner. Should the requesting tenant's lease renew, the agreement between the requesting carrier and the property owner automatically continues, without the need for renegotiation, for the term of the requesting tenant's renewal; (ii) without interference from the property owner, except as provided in this subsection; and (iii) at terms, conditions, and compensation rates which are non- discriminatory. (B) The requesting carrier shall comply with all applicable federal, state, and local codes and standards, e.g. , fire codes, electrical codes, safety codes, building codes, elevator codes. (4) Restriction on exclusive agreement. A telecommunications utility shall not enter into an agreement, contract, pact, understanding or other like arrangement with the property owner to be the sole or exclusive provider of telecommunications services to actual or prospective tenants on the property.(e) Procedures upon tenant request. (1) Tour of property. (A) Upon receiving a request for telecommunications services from a tenant, but prior to or concurrently with providing the property owner with notice of intent to install telecommunications equipment as described in paragraph (3) of this subsection, the requesting carrier may request, in writing, a tour of the property to determine an appropriate location for the telecommunications equipment needed to provide the telecommunications services requested by such tenant. This request shall identify the requesting tenant and be sent by certified mail, return receipt requested to the property's on-site manager, or designee, and to the person identified in the tenant's lease to receive notices.(B) The property owner shall provide such property tour within ten business days of receipt of the requesting carrier's written request. (C) The requesting carrier and the property owner may agree, in writing, to extend the timelines prescribed by this subsection. (2) Request for technical drawings. (A) In its written request for a tour of the property, the requesting carrier may request that the property owner provide computer aided design (CAD) drawings or similarly detailed drawings of the mechanical room(s), risers and other common spaces, if available, in order to assist the requesting carrier in developing plans and specifications for placement of telecommunications equipment. (B) Such drawings should be provided to the requesting carrier, within ten business days of the property owner's receipt of the requesting carrier's written request. The requesting carrier will bear the reasonable actual cost of providing the requested drawings. (C) The requesting carrier and the property owner may agree, in writing, to extend the timelines prescribed by this subsection. (3) Notice of intent to install telecommunications equipment. (A) Upon receiving a request for telecommunications services from a tenant, the requesting carrier shall notify the property owner not fewer than 30 calendar days before the proposed date on which installation of telecommunications equipment needed to provide the telecommunications services requested by a tenant is to commence. (B) Such notice shall be sent by certified mail, return receipt requested, to the property's on-site manager, or designee, and to the person identified in the tenant's lease to receive notices. (C) The requesting carrier shall include, but is not limited to, the following in its notice of intent: (i) the identity of the requesting tenant; (ii) the property address and building number (if applicable); (iii) the proposed timeline for the installation of telecommunications equipment; (iv) the type of telecommunications equipment to be installed; (v) the proposed location, space requirements, proposed engineering drawings, and other specifications of the telecommunications equipment; (vi) the conduit requirements, if any; and (vii) a copy of PURA §§54.259, 54.260, and 54.261 and this section (Substantive Rule §26.129). (D) The requesting carrier and the property owner may agree, in writing, to extend the timelines prescribed by this subsection. (f) Requirement to negotiate for 30 days. (1) Upon receipt of the requesting carrier's notice of intent to install telecommunications equipment, the property owner and the requesting carrier shall attempt to reach a mutually acceptable agreement regarding the installation of the requesting carrier's telecommunications equipment and reasonable compensation due the property owner as a result of such installation. (2) If such an agreement is not reached within 30 calendar days of the property owner's receipt of the requesting carrier's notice of intent, either party may file for resolution pursuant to subsection (i) of this section. (3) The requesting carrier and the property owner may agree, in writing, to extend the period of negotiation prescribed by this subsection. (g) Parameters for installation of telecommunications equipment. The property owner shall not deny the requesting carrier access to space, except due to inadequate space or safety concerns. (1) Inadequate space. (A) Property owner's denial due to inadequate space. The property owner may deny access to space if it does so within ten business days of its receipt of the requesting carrier's notice of intent to install telecommunications equipment, where the space and/or conduit required for installation is not sufficient to accommodate the requesting carrier's request. (B) Demonstration of inadequate space. (i) In the event the property owner denies access to space, the property owner shall demonstrate that there is insufficient space and/or conduit to accommodate the requesting carrier's request for space. The property owner shall allow the requesting carrier to inspect the space and/or conduit to which it is denied access; or it may utilize any other method of proof mutually agreed upon by the property owner and the requesting carrier. (ii) Such demonstration shall be completed within ten business days of the requesting carrier's receipt of the property owner's denial. (iii) Following such demonstration or other agreed upon method of proof, the requesting carrier shall have ten business days to dispute the property owner's assertion that a space limitation exists by pursuing resolution pursuant to subsection (i) of this section. (C) The requesting carrier and the property owner may agree, in writing, to extend the timelines prescribed by this subsection. (2) Safety concerns. (A) Property owner's denial due to safety concern. The property owner may deny access to space if it does so within ten business days of its receipt of the requesting carrier's notice of intent to install telecommunications equipment, where the installation of the requesting carrier's telecommunications equipment would cause an unreasonable circumstance that would compromise the safety of the property and/or persons on the property. (B) Demonstration of safety concern. (i) In the event the property owner denies access to space, the property owner shall demonstrate that an unreasonable safety hazard that requires the denial of access to space exists. The property owner shall specify the alleged safety hazard and cite any applicable codes and/or standards. The property owner shall allow the requesting carrier to inspect the space and/or conduit to which it is denied access, or it may utilize any other method of proof mutually agreed upon by the property owner and the requesting carrier. (ii) Such demonstration shall be completed within ten business days of the requesting carrier's receipt of the property owner's denial. (iii) Following such demonstration or other agreed upon method of proof, the requesting carrier shall have ten business days to dispute the property owner's assertion that a safety hazard exists by pursuing resolution pursuant to subsection (i) of this section. (C) The requesting carrier and the property owner may agree, in writing, to extend the timelines prescribed by this subsection. (h) Parameters for determining reasonable compensation for access. (1) The property owner and the requesting carrier shall attempt to reach a mutually acceptable agreement regarding reasonable and non-discriminatory compensation due the property owner as a result of the requesting carrier's installation of telecommunications equipment required to provide telecommunications services to a requesting tenant. (2) The property owner shall not impose a fee on the requesting carrier unrelated to the requesting carrier's usage of space and/or provision of telecommunications services to a requesting tenant, except as provided by agreement of the property owner and the requesting carrier. (3) The property owner and the requesting carrier shall negotiate terms and conditions concerning the removal of the requesting carrier's telecommunications equipment upon the departure of a tenant served by such requesting carrier or the end of the service agreement between a tenant and the requesting carrier. (4) The property owner may require a security deposit not to exceed an amount equal to one month of fees or rents as determined by the agreement between the requesting carrier and the property owner. The requesting carrier and property owner may agree, in writing, to a security deposit of a differing amount than prescribed by this subsection. (i) Failure to reach negotiated agreement. (1) Alternative Dispute Resolution. As an alternative to petitioning the commission for resolution of a dispute, upon agreement of both parties, parties may voluntarily submit any controversy or claim under this section to settlement by alternative dispute resolution. This alternative dispute resolution shall be conducted under the alternative dispute resolution procedures of the Texas Government Code, Administrative Procedure Act, Chapter 2009, and the Texas Civil Practice and Remedies Code, Chapter 154. (2) Petition to commission for resolution of dispute. If a mutually acceptable agreement regarding the installation of the requesting carrier's telecommunications equipment, the reasonable compensation due the property owner as a result of such installation, or other disputed issues is not reached within 30 calendar days of the property owner's receipt of the requesting carrier's notice of intent to install telecommunications equipment, either the property owner or the requesting carrier may petition the commission for resolution. The petition shall include proof of the requesting carrier's proper service of notice of intent to the property owner in the form of an affidavit and attached copy of return receipt. (3) Types of disputes and information required for each. (A) Installation dispute. (i) The property owner may deny access consistent with subsection (g) of this section. (ii) The property owner and the requesting carrier shall each provide the commission with information specifying the space or safety related installation dispute(s) that is preventing a negotiated agreement. (iii) The property owner and the requesting carrier shall each provide the commission with information supporting its position in the dispute(s). (B) Reasonable compensation dispute. (i) The property owner shall provide the commission with the amount of compensation being sought and the basis for such claim, including information supporting the factors listed in clause (iii) of this subparagraph. (ii) The requesting carrier shall provide the commission with information supporting the amount of compensation it deems reasonable to compensate the property owner for installation of its telecommunications equipment. (iii) In determining a reasonable amount of compensation due the property owner for installation of the requesting carrier's telecommunications equipment, the commission may consider, but is not limited to, the following: (I) the location and amount of space occupied by installation of the requesting carrier's telecommunications equipment; (II) evidence that the property owner has a specific alternative use for any space which would be occupied by the requesting carrier's telecommunications equipment and which would result in a specific quantifiable loss to the property owner; (III) the value of the property before and after the installation of the requesting carrier's telecommunications equipment and the methods used to determine such values; (IV) possible interference of the requesting carrier's telecommunications equipment with the use and occupancy of the property which would cause a decrease in the rental or resale value of the property; (V) actual costs incurred by the property owner directly related to installation of the requesting carrier's telecommunications equipment; (VI) the market rate for similar space used for installation of telecommunications equipment in a similar property; and (VII) the market rate for tenant leaseable space in the property or a similar property. (C) Other disputed issues. (i) The property owner and the requesting carrier shall each provide the commission with information specifying any other dispute(s) preventing a negotiated agreement. (ii) The property owner and the requesting carrier shall each provide the commission with information supporting its position regarding these other dispute(s). (4) Procedure. (A) Upon the proper filing of a petition, as set forth in paragraph (1) of this subsection, the commission may proceed to resolution of a dispute pursuant to the commission's procedural rules as set forth in Chapter 22 of this title (relating to Practice and Procedure). (B) In addition to the requirements set forth in paragraph (1) of this subsection, all petitions shall comply with the requirements of Chapter 22, Subchapter D of this title (relating to Notice) and Chapter 22, Subchapter E of this title (relating to Pleadings and Other Documents). (C) The commission may grant interim relief, subject to true-up, so as not to impair or delay, the right of the requesting carrier to install, maintain, and remove its telecommunications equipment, or to provide telecommunications services to a requesting tenant, during the pendency of the proceeding. (j) Administrative penalties. The provisions set forth in §22.246 of this title (relating to Administrative Penalties) shall apply to any violation of this section whether by a property owner, property manager, or telecommunications utility.", "sourceNote": "Source Note: The provisions of this §26.129 adopted to be effective October 10, 2000, 25 TexReg 10133." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215860", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.130", "label": "Selection of Telecommunications Utilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104156", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and Application.(1) Purpose. The provisions of this section are intended to ensure that all customers in this state are protected from an unauthorized change in a customer's local or long-distance telecommunications utility. (2) Application. This section, including any references in this section to requirements in 47 Code of Federal Regulations (C.F.R.) Subpart K (entitled \"Changing Long Distance Service\"), applies to a \"telecommunications utility,\" as that term is defined in §26.5 of this title (relating to Definitions). This section does not apply to an unauthorized charge unrelated to a change in preferred telecommunications utility. Requirements related to proper authorization for a billing charge by a telecommunication utility are addressed by §26.32 of this title (relating to Protection Against Unauthorized Billing Charges (\"Cramming\")).(b) Definitions. The following words and terms when used in this section have the following meanings unless the context indicates otherwise:(1) Authorized telecommunications utility--Any telecommunications utility that submits a change request, after obtaining customer authorization with verification, in accordance with the requirements of this section.(2) Customer--Any person, including the person's spouse, in whose name telephone service is billed, including individuals, governmental units at all levels of government, corporate entities, and any other entity with legal capacity to request a change in local service or telecommunications utilities.(3) Executing telecommunications utility--Any telecommunications utility that effects a request that a customer's preferred telecommunications utility be changed. A telecommunications utility may be treated as an executing telecommunications utility, however, if it is responsible for any unreasonable delays in the execution of telecommunications utility changes or for the execution of unauthorized telecommunications utility changes, including fraudulent authorizations.(4) Submitting telecommunications utility--Any telecommunications utility that requests on behalf of a customer that the customer's preferred telecommunications utility be changed.(5) Unauthorized telecommunications utility--Any telecommunications utility that submits a change request that is not in accordance with the requirements of this section.(c) Changes in preferred telecommunications utility.(1) Changes by a telecommunications utility. A telecommunications utility is prohibited from submitting or executing a change on the behalf of a customer in the customer's selection of a provider of telecommunications service except in accordance with this section. Before a change order is processed by the executing telecommunications utility, the submitting telecommunications utility must obtain authorization from the customer that such change is desired for each affected telephone line and ensure that verification of the authorization is obtained in accordance with 47 C.F.R. Subpart K. In the case of a change by written solicitation, the submitting telecommunications utility must obtain verification as specified in 47 C.F.R. Subpart K, and subsection (d) of this section. A change order must be verified by one of the following methods:(A) Written or electronically signed authorization from the customer in a form that meets the requirements of subsection (d) of this section. A customer must be provided the option of using another authorization method as an alternative to an electronically signed authorization.(B) Electronic authorization placed from the telephone number which is the subject of the change order, except in exchanges where automatic recording of the automatic number identification (ANI) from the local switching system is not technically possible. To verify the electronic authorization, the submitting telecommunications utility must:(i) ensure that the electronic authorization confirms the information described in subsection (d)(3) of this section; and(ii) establish one or more toll-free telephone numbers exclusively for the purpose of verifying the change so that a customer calling toll-free number will reach a voice response unit or similar mechanism that records the required information regarding the change and automatically records the ANI from the local switching system.(C) Oral authorization by the customer for the change that meets the following requirements:(i) The customer's authorization must be given to an appropriately qualified and independent third party that obtains appropriate verification data including, at a minimum, the customer's month and year of birth, the customer's month and day of birth, mother's maiden name, or the last four digits of the customer's social security number. A corporation or partnership may provide its federal Employer Identification Number, or last six digits thereof, and the name and job title of the authorized representative for the corporation or partnership to satisfy this subparagraph.(ii) The entirety of the customer's authorization and the customer's verification of authorization must be electronically recorded on audio tape, a wave sound file, or other recording device that is compatible with the commission's equipment.(iii) The recordings must be dated and include clear and conspicuous confirmation that the customer authorized the change in telephone service provider.(iv) The third party verification must elicit, at a minimum, the identity of the customer, confirmation that the person on the call is authorized to make the change in service, the name of each telecommunications utility affected by the change but not including the name of the displaced carrier, each telephone number to be switched, and the type of service involved. The third party verifier must not market or advertise the telecommunications utility's services by providing additional information, including information regarding preferred carrier freeze procedures.(v) The third party verification must be conducted in the same language used in the sales transaction.(vi) Automated systems must provide customers the option of speaking with a live person at any time during the call.(vii) A telecommunications utility or its sales representative initiating a three-way call or a call through an automated verification system must drop off the call once a three-way connection with the third party verifier has been established unless: (I) the telecommunications utility files sworn written certification with the commission that the sales representative is unable to drop off the sales call after initiating a third party verification. Such certification should provide sufficient information as to each reason for the inability of the sales agent to drop off the line after the third party verification is initiated. A carrier is exempt from this requirement for a period of two years from the date the carrier's certification was filed with the commission;(II) a telecommunications utility that seeks to extend the exemption provided under subclause (I) of this clause must, before the end of the two-year period, and every two years thereafter, recertify to the commission the utility's continued inability to comply with this clause. (viii) The third party verification must immediately terminate if the sales agent of a telecommunications utility that has filed a sworn written certification in accordance with clause (vii) of this subparagraph responds to a customer inquiry or speaks after third party verification has begun.(ix) The independent third party must:(I) not be owned, managed, directed or controlled by the telecommunications utility or the telecommunications utility's marketing agent;(II) not have financial incentive to confirm change orders; and (III) operate in a location physically separate from the telecommunications utility and the telecommunications utility's marketing agent.(2) Changes by customer request directly to the local exchange company. If a customer requests a change in the customer's current preferred telecommunications utility by contacting the local exchange company directly, and that local exchange company is not the chosen carrier or affiliate of the chosen carrier, the verification requirements in paragraph (1) of this subsection do not apply. The customer's current local exchange company must maintain a record of the customer's request for 24 months.(d) Letters of Agency (LOA). A written or electronically signed authorization from a customer for a change of telecommunications utility must use a letter of agency (LOA) as specified in this subsection: (1) The LOA must be a separate or easily separable document or located on a separate screen or webpage containing only the authorization and verification language described in paragraph (3) of this subsection for the sole purpose of authorizing the telecommunications utility to initiate a telecommunications utility change. The LOA must be fully completed, signed and dated by the customer requesting the telecommunications utility change. An LOA submitted with an electronically signed authorization must include the consumer disclosures required by the Electronic Signatures in Global and National Commerce Act 47 United States Code §7001(c).(2) The LOA must not be combined with inducements of any kind on the same document, screen, or webpage, except that the LOA may be combined with a check as specified in subparagraphs (A) and (B) of this paragraph:(A) An LOA combined with a check may contain only the language set out in paragraph (3) of this subsection, and the necessary information to make the check a negotiable instrument.(B) A check combined with an LOA must not contain any promotional language or material but must contain on the front and back of the check in easily readable, bold-faced type near the signature line, a notice similar in content to the following: \"By signing this check, I am authorizing (name of the telecommunications utility) to be my new telephone service provider for (the type of service that will be provided).\"(3) LOA language.(A) At a minimum, the LOA must be clearly legible, printed in a text not smaller than 12-point type, and must contain clear and unambiguous language that includes and confirms:(i) the customer's billing name and address and each telephone number to be covered by the preferred telecommunications utility change order;(ii) the decision to change preferred carrier from the current telecommunications utility to the new telecommunications utility;(iii) the name of the new telecommunications utility and that the customer designates the new telecommunications utility to act as the customer's agent for the preferred carrier change;(iv) that the customer understands that only one preferred telecommunications utility may be designated for each type of service, such as local, intraLATA, and interLATA service, for each telephone number. The LOA must contain separate statements regarding those choices, although a separate LOA for each service is not required;(v) that the customer understands that any preferred carrier selection the customer chooses may involve a one-time charge to the customer for changing the customer's preferred telecommunications utility and that the customer may consult with the carrier as to whether a fee applies to the change; and(vi) appropriate verification data, including, at a minimum, the customer's month and year of birth, the customer's month and day of birth, mother's maiden name, or the last four digits of the customer's social security number. A corporation or partnership may provide a federal Employer Identification Number, or last six digits thereof, and the name and job title of the authorized representative of the corporation or partnership to satisfy the requirements of this subparagraph.(B) Any telecommunications utility designated in a LOA as the customer's preferred and authorized telecommunications utility must be the carrier directly setting rates for the customer.(C) The following LOA form meets the requirements of this subsection. Other versions may be used, but must comply with all of the requirements of this subsection.Attached Graphic(4) The LOA must not require or suggest that a customer take some action to retain the customer's current telecommunications utility.(5) If any portion of an LOA is translated into another language, then all portions of the LOA must be translated into that language. Every LOA must be translated into the same language as promotional materials, oral descriptions or instructions provided with the LOA.(6) The submitting telecommunications utility must submit a change order on behalf of a customer within 60 days after obtaining a written or electronically signed LOA from the customer except LOAs relating to multi-line and/or multi-location business customers that have entered into negotiated agreements with a telecommunications utility to add presubscribed lines to their business locations during the course of a term agreement must be valid for the period specified in the term agreement. (e) Notification of alleged unauthorized change.(1) When a customer informs an executing telecommunications utility of an alleged unauthorized telecommunications utility change, the executing telecommunications utility must immediately notify both the authorized and alleged unauthorized telecommunications utility of the incident.(2) Any telecommunications utility, executing, authorized, or alleged unauthorized, that is informed of an alleged unauthorized telecommunications utility change must direct the customer to contact the Public Utility Commission of Texas for resolution of the complaint.(3) The alleged unauthorized telecommunications utility must remove all unpaid charges pending a determination of whether an unauthorized change occurred.(4) The alleged unauthorized telecommunications utility may challenge a complainant's allegation of an unauthorized change by notifying the complainant in writing to file a complaint with the Public Utility Commission of Texas within 30 days after the customer's assertion of an unauthorized switch to the alleged unauthorized telecommunications utility. If the complainant does not file a complaint within 30 days, the unpaid charges may be reinstated.(5) The alleged unauthorized telecommunications utility must take all actions within its control to facilitate the customer's prompt return to the original telecommunications utility within three working days of the customer's request.(6) The alleged unauthorized telecommunications utility must also be liable to the customer for any charges assessed to change the customer from the authorized telecommunications utility to the alleged unauthorized telecommunications utility in addition to charges assessed for returning the customer to the authorized telecommunications utility.(f) Unauthorized changes.(1) Responsibilities of the telecommunications utility that initiated the change. If a customer's telecommunications utility is changed without verification consistent with this section, the telecommunications utility that initiated the unauthorized change must:(A) take all actions within its control to facilitate the customer's prompt return to the original telecommunications utility within three working days of the customer's request;(B) pay all charges associated with returning the customer to the original telecommunications utility within five working days of the customer's request;(C) provide all billing records to the original telecommunications utility related to the unauthorized change of services within ten working days of the customer's request;(D) pay, within 30 working days of the customer's request, the original telecommunications utility any amount paid to it by the customer that would have been paid to the original telecommunications utility if the unauthorized change had not occurred;(E) return to the customer within 30 working days of the customer's request:(i) any amount paid by the customer for charges incurred during the first 30 calendar days after the date of an unauthorized change; and(ii) any amount paid by the customer after the first 30 calendar days in excess of the charges that would have been charged if the unauthorized change had not occurred;(F) remove all unpaid charges; and(G) pay the original telecommunications utility for any billing and collection expenses incurred in collecting charges from the unauthorized telecommunications utility.(2) Responsibilities of the original telecommunications utility. The original telecommunications utility must:(A) inform the telecommunications utility that initiated the unauthorized change of the amount that would have been charged for identical services if the unauthorized change had not occurred, within ten working days of the receipt of the billing records required under paragraph (1)(C) of this subsection;(B) where possible, provide to the customer all benefits associated with the service, such as frequent flyer miles, that would have been awarded had the unauthorized change not occurred, upon receiving payment for service provided during the unauthorized change;(C) maintain a record of customers that experienced an unauthorized change in telecommunications utilities that contains:(i) the name of the telecommunications utility that initiated the unauthorized change;(ii) each telephone number affected by the unauthorized change;(iii) the date the customer asked the telecommunications utility that made the unauthorized change to return the customer to the original telecommunications utility; and(iv) the date the customer was returned to the original telecommunications utility; and(D) not bill the customer for any charges incurred during the first 30 calendar days after the unauthorized change, but may bill the customer for unpaid charges incurred after the first 30 calendar days based on what it would have charged if the unauthorized change had not occurred.(g) Notice of customer rights.(1) Each telecommunications utility must make available to its customers the notice set out in paragraph (3) of this subsection.(2) Each notice provided under paragraph (5)(A) of this subsection must contain the name, address and telephone numbers where a customer can contact the telecommunications utility.(3) Customer notice. The notice must state:Attached Graphic(4) The customer notice requirements in paragraph (3) of this subsection may be combined with the notice requirements of §26.32(g)(1) and (2) of this title (relating to Protection Against Unauthorized Billing Charges (\"Cramming\")) if all of the information required by each is in the combined notice.(5) Language, distribution and timing of notice.(A) Telecommunications utilities must send the notice to new customers at the time service is initiated, and upon customer request.(B) Each telecommunications utility must print the notice in the white pages of its telephone directories, beginning with any directories published 30 calendar days after the effective date of this section and thereafter. The notice that appears in the directory is not required to list the information contained in paragraph (2) of this subsection.(C) The notice must be in plain English and Spanish as necessary to adequately inform the customer. The commission may exempt a telecommunications utility from the Spanish requirement if the telecommunications utility shows that 10% or fewer of its customers are exclusively Spanish-speaking, and that the telecommunications utility will notify all customers through a statement in plain English and Spanish that the information is available in Spanish by mail from the telecommunications utility or at the utility's offices.(h) Compliance and enforcement.(1) Records of customer verifications and unauthorized changes.(A) The submitting telecommunications utility must maintain records of all change orders, including verifications of customer authorizations, for a period of 24 months and must provide such records to the customer, if the customer challenges the change.(B) A telecommunications utility must provide a copy of records maintained under the requirements of subsections (c), (d), and (f)(2)(C) of this section to the commission staff 21 calendar days from the date the records were requested by commission staff.(C) The proof of authorization and verification of authorization as required from the alleged unauthorized telecommunications utility in accordance with subparagraph (B) of this paragraph and paragraph (2)(A) of subsection (l) must establish a valid authorized telecommunications utility change as defined by subsections (c) and (d) of this section. Failure by the alleged unauthorized telecommunications utility to timely submit a response that addresses the complainant's assertions, relating to an unauthorized change, within the time specified in subparagraph (B) of this paragraph or paragraph (2) of subsection (l) establishes a violation of this section.(2) Administrative penalties. If the commission finds that a telecommunications utility is in violation of this section, the commission will order the utility to take corrective action as necessary, and the utility may be subject to administrative penalties in accordance with Public Utility Regulatory Act (PURA) §15.023 and §15.024.(3) Evidence. Evidence supplied by the customer that meets the standards set out in Texas Government Code §2001.081, including one or more affidavits from a customer challenging the change, is admissible in a proceeding to enforce the provisions of this section.(4) Certificate revocation. The commission may suspend, restrict, deny, or revoke the registration or certificate, including an amended certificate, of a telecommunications utility, denying the telecommunications utility the right to provide service in this state, in accordance with the provisions of either PURA §17.052 or PURA §55.306. (5) Coordination with the office of the attorney general. The commission will coordinate its enforcement efforts regarding the prosecution of fraudulent, unfair, misleading, deceptive, and anticompetitive business practices with the Office of the Attorney General to ensure consistent treatment of specific alleged violations.(i) Notice of identity of a customer's telecommunications utility. Any bill for telecommunications services must contain the following information in clear, bold type in each bill sent to a customer. Where charges for multiple lines are included in a single bill, this information must appear on the first page of the bill if possible, or be displayed prominently elsewhere in the bill:(1) The name and telephone number of the telecommunications utility providing local exchange service if the bill is for local exchange service.(2) The name and telephone number of the primary interexchange carrier if the bill is for interexchange service.(3) The name and telephone number of the local exchange and interexchange providers if the local exchange provider is billing for the interexchange carrier. The commission may, for good cause, waive this requirement in exchanges served by incumbent local exchange companies serving 31,000 access lines or less.(4) A statement that customers who believe they have been slammed may contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or in Texas (toll-free) 1 (888) 782-8477, e-mail address: consumer@puc.texas.gov. Hearing and speech-impaired individuals may contact the commission through Relay Texas at 1-800-735-2989. This statement may be combined with the statement requirements of §26.32(g)(4) of this title if all of the information required by each is in the combined statement. (j) Preferred telecommunications utility freezes.(1) Purpose. A preferred telecommunications utility freeze (\"freeze\") prevents a change in a customer's preferred telecommunications utility selection unless the customer consents to the local exchange company that implemented the freeze.(2) Nondiscrimination. All local exchange companies that offer freezes must offer freezes on a nondiscriminatory basis to all customers regardless of the customer's telecommunications utility selection except for local telephone service.(3) Type of service. Customer information on freezes must clearly distinguish between intraLATA and interLATA telecommunications services. The local exchange company offering a freeze must obtain separate authorization for each service for which a freeze is requested.(4) Freeze information. All information provided by a telecommunications utility about freezes have the sole purpose of educating customers and providing information in a neutral way to allow the customer to make an informed decision, and must not market or induce the customer to request a freeze. The freeze information provided to customers must include:(A) a clear, neutral explanation of what a freeze is and what services are subject to a freeze;(B) instructions on lifting a freeze that make it clear that these steps are in addition to required verification for a change in preferred telecommunications utility;(C) an explanation that the customer will be unable to make a change in telecommunications utility selection unless the customer lifts the freeze, including information describing the specific procedures by which the freeze may be lifted; and(D) a statement that there is no charge to the customer to impose or lift a freeze.(5) Freeze verification. A local exchange company must not implement a freeze unless the customer's request is verified using one of the following procedures:(A) A written and signed or electronically signed authorization that meets the requirements of paragraph (6) of this subsection.(B) An electronic authorization placed from the telephone number on which a freeze is to be imposed. The electronic authorization must confirm appropriate verification data including the customer's month and year of birth, the customer's month and day of birth, mother's maiden name, or the last four digits of the customer's social security number and the information required in paragraph (6)(G) of this subsection. A corporation or partnership may provide a federal Employer Identification Number, or last six digits thereof, and the name and job title of the authorized representative of the corporation or partnership to satisfy the requirements of this subparagraph. The local exchange company must establish one or more toll-free telephone numbers exclusively for this purpose. Calls to the number will connect the customer to a voice response unit or similar mechanism that records the information including the originating ANI.(C) An appropriately qualified independent third party obtains the customer's oral authorization to submit the freeze that includes and confirms appropriate verification data as required by subparagraph (B) of this paragraph. This must include clear and conspicuous confirmation that the customer authorized a freeze. The independent third party must:(i) not be owned, managed, or directly controlled by the local exchange company or the local exchange company's marketing agent;(ii) not have financial incentive to confirm freeze requests; and(iii) operate in a location physically separate from the local exchange company and its marketing agent.(D) Any other method approved by Federal Communications Commission rule or order granting a waiver.(6) Written authorization. A written freeze authorization must:(A) be a separate or easily separable document with the sole purpose of imposing a freeze;(B) be signed and dated by the customer;(C) not be combined with inducements of any kind;(D) be completely translated into another language if any portion is translated;(E) be translated into the same language as any educational materials, oral descriptions, or instructions provided with the written freeze authorization;(F) be printed with readable type of sufficient size to be clearly legible; and(G) contain clear and unambiguous language that confirms:(i) the customer's name, address, and each telephone number to be covered by the freeze;(ii) the decision to impose a freeze on each telephone number and the particular service with a separate statement for each service to be frozen;(iii) that the customer understands that a change in telecommunications utility cannot be made unless the customer lifts the freeze; and(iv) that the customer understands that there is no charge for imposing or lifting a freeze.(7) Lifting freezes. A local exchange company that executes a freeze request must allow customers to lift a freeze by:(A) written and signed or electronically signed authorization stating the customer's intent to lift a freeze;(B) oral authorization stating an intent to lift a freeze confirmed by the local exchange company with appropriate confirmation verification data as indicated in paragraph (5)(B) of this subsection;(C) a three-way conference call with the local exchange company, the telecommunications utility that will provide the service, and the customer with appropriate confirmation verification data from the customer as indicated in paragraph (5)(B) of this subsection; or(D) any other method approved by Federal Communications Commission rule or order granting a waiver.(8) No customer charge. The customer must not be charged for imposing or lifting a freeze.(9) Local service freeze prohibition. A local exchange company must not impose a freeze on local telephone service.(10) Marketing prohibition. A local exchange company must not initiate any marketing of its services during the process of implementing or lifting a freeze.(11) Freeze records retention. A local exchange company must maintain records of all freezes and verifications for a period of 24 months and must provide these records to customers and to the commission staff upon request.(12) Suggested freeze information language. A telecommunications utility that informs a customer about freezes may use the following language. Other versions may be used, but must comply with all of the requirements of paragraph (4) of this subsection.(13) Suggested freeze authorization form. The following form is recommended for written authorization from a customer requesting a freeze. Other versions may be used, but must comply with all of the requirements of paragraph (6) of this subsection.Attached Graphic(14) Suggested freeze lift form. The following form is recommended for written authorization to lift a freeze. Other versions may be used, but must comply with all of the requirements of paragraph (7) of this subsection.Attached Graphic(k) Transferring customers from one telecommunications utility to another.(1) A telecommunications utility may acquire, through a sale or transfer, either part or all of another telecommunications utility's customer base without obtaining each customer's authorization and verification in accordance with subsection (c)(1) of this section, provided that the acquiring utility complies with this section. Any telecommunications utility that will acquire customers from another telecommunications utility that will no longer provide service due to acquisition, merger, bankruptcy or any other reason, must provide notice to each affected customer. The notice must be in a billing insert or separate mailing at least 30 calendar days prior to the transfer of any customer. If legal or regulatory constraints prevent sending the notice at least 30 calendar days prior to the transfer, the notice must be sent promptly after all legal and regulatory conditions are met. The notice must:(A) identify the current and acquiring telecommunications utilities;(B) explain why the customer will not be able to remain with the current telecommunications utility;(C) explain that the customer has a choice of selecting a service provider and may select the acquiring telecommunications utility or any other telecommunications utility and that the customer may incur a charge if the customer selects another telecommunications utility;(D) explain that if the customer wants another telecommunications utility, the customer should contact that telecommunications utility or the local telephone company;(E) explain the time frame for the customer to make a selection and what will happen if the customer makes no selection;(F) identify the effective date that customers will be transferred to the acquiring telecommunications utility;(G) provide the rates and conditions of service of the acquiring telecommunications utility and how the customer will be notified of any changes;(H) explain that the customer will not incur any charges associated with the transfer;(I) explain whether the acquiring carrier will be responsible for handling complaints against the transferring carrier; and(J) provide a toll-free telephone number for a customer to call for additional information.(2) The acquiring telecommunications utility must provide the commission with a copy of the notice when it is sent to customers.(l) Complaints to the commission. A customer may file a complaint with the commission's CPD against a telecommunications utility for any reasons related to the provisions of this section.(1) Customer complaint information. CPD may request, at a minimum, the following information: (A) the customer's name, address, and telephone number;(B) a brief description of the facts of the complaint;(C) a copy of the customer's and spouse's legal signature; and(D) a copy of the most recent phone bill and any prior phone bill that shows the switch in carrier.(2) Telecommunications utility's response to complaint. After review of a customer's complaint, CPD must forward the complaint to the telecommunications utility. The telecommunications utility must respond to CPD within 21 calendar days after CPD forwards the complaint. The telecommunications utility's response must include the following:(A) all documentation related to the authorization and verification used to switch the customer's service; and(B) all corrective actions taken as required by subsection (f) of this section, if the switch in service was not verified in accordance with subsections (c) and (d) of this section.(3) CPD investigation. CPD must review all of the information related to the complaint and make a determination on whether or not the telecommunications utility complied with the requirements of this section. CPD must inform the complainant and the alleged unauthorized telecommunications utility of the results of the investigation and identify any additional corrective actions that may be required. CPD must also inform, if known, the authorized telecommunications utility if there was an unauthorized change in service.(m) Additional requirements for changes involving certain telecommunications utilities.(1) Definitions. The following words and terms, when used in this subsection, have the following meanings unless the context clearly indicates otherwise.(A) Local service provider (LSP)--the certified telecommunications utility chosen by a customer to provide local exchange service to that customer.(B) Old local service provider (old LSP)--The local service provider immediately preceding the change to a new local service provider.(C) New local service provider (new LSP)--The local service provider from which the customer requests new service.(D) Primary interexchange carrier (PIC)--the provider chosen by a customer to carry that customer's toll calls. For the purposes of this subsection, any reference to primary interexchange carrier refers to both interLATA and intraLATA toll carriers.(E) Old primary interexchange carrier (old PIC)--The primary interexchange carrier immediately preceding the change to a new primary interexchange carrier.(F) New primary interexchange carrier (new PIC)--The primary interexchange carrier from which the customer requests new service or continuing service after changing local service providers.(G) Change execution--means the date the LSP initially has knowledge of the PIC or LSP change in the switch.(2) Contents and delivery of notice required by paragraphs (3) and (4) of this subsection.(A) Notice must contain at least:(i) the effective date of the change in the switch;(ii) the customer's billing name, address, and number; and(iii) any other information necessary to implement the change.(B) If an LSP does not otherwise have the appropriate contact information for notifying a PIC, then the LSP's notification to the PIC must be deemed complete upon delivery of the notice to the PIC's address, facsimile number or e-mail address listed in the appropriate utility directory maintained by the commission.(3) Notification requirements for change in PIC only. The LSP must notify the old PIC and the new PIC of the PIC change within five working days of the change execution.(A) The new PIC must initiate billing the customer for presubscribed services within five working days after receipt of such notice.(B) The old PIC must discontinue billing the customer for presubscribed services within five working days after receipt of such notice.(4) Notification requirements for change in LSP.(A) Requirement of the new LSP to notify the old LSP. Within five working days of the change execution, the new LSP must notify the old LSP of the change in the customer's LSP.(B) Requirement of the new LSP to notify the new PIC. Within five working days of the change execution, the new LSP must notify the new PIC of the customer's selection of such PIC as the customer's PIC.(C) Requirement of the old LSP to notify the old PIC. Within five working days of the old LSP's receipt of notice in accordance with to subparagraph (A) of this paragraph, the old LSP must notify the old PIC that the old LSP is no longer the customer's LSP.(5) Requirements of the new PIC to initiate billing customer. If the new PIC receives notice in accordance with paragraph (4)(B) of this subsection, within five working days after receipt of such notice, the new PIC must initiate billing the customer for presubscribed services.(6) Requirements of the old PIC to discontinue billing customer. If the old PIC receives notice in accordance with paragraph (4)(C) of this subsection that the old LSP is no longer the customer's LSP, the old PIC must discontinue billing the customer for presubscribed services within seven working days after receipt of such notice, unless the new LSP notifies the old PIC that it is the new PIC in accordance with paragraph (4)(B) of this subsection.", "sourceNote": "Source Note: The provisions of this §26.130 adopted to be effective February 21, 1999, 24 TexReg 941; amended to be effective July 13, 2000, 25 TexReg 6491; amended to be effective July 9, 2002, 27 TexReg 6010; amended to be effective October 21, 2002, 27 TexReg 9758; amended to be effective May 20, 2004, 29 TexReg 4852; amended to be effective November 29, 2007, 32 TexReg 8468; amended to be effective February 21, 2012, 37 TexReg 909; amended to be effective December 21, 2024, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104156", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.131", "label": "Competitive Local Exchange Carrier (CLEC)-to-CLEC and CLEC-to-Incumbent Local Exchange Carrier (ILEC) Migration Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166756", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish standardized procedures, general business rules, and privacy protocols governing end user or customer migrations between CLECs, or between a CLEC and an ILEC that serves 31,000 or more access lines in the state, to ensure that: (1) customers can migrate from one CLEC to another or from a CLEC to an ILEC in a seamless manner without encountering abnormal delays, service interruptions, and cumbersome procedures; (2) customers are not switched from one telecommunications provider to another without their permission pursuant to §26.130 of this title (relating to Selection of Telecommunications Utilities); and (3) customers do not have unauthorized charges placed on their bills pursuant to §26.32 of this title (relating to Protection Against Unauthorized Billing Charges (\"Cramming\")). (b) Application. This section applies to all CLECs and to all ILECs with 31,000 or more access lines in the state. This section does not apply to Digital Subscriber Line (DSL) services, line sharing, or line splitting arrangements as defined by the Federal Communications Commission (FCC) or the commission, or to migrations resulting from a CLEC's exit from the Texas market or a major segment of the Texas market. (c) Terminology. In this section, \"CLEC\" means a holder of either a certificate of operating authority (COA) or a service provider certificate of authority (SPCOA). (d) Migration guidelines. All CLECs and applicable ILECs shall follow the Texas CLEC-to-CLEC and CLEC-to-ILEC Migration Guidelines when an end user or customer migrates from one CLEC to another or from a CLEC to an ILEC. These guidelines may only be changed through the rulemaking process.Attached Graphic", "sourceNote": "Source Note: The provisions of this §26.131 adopted to be effective September 7, 2003, 28 TexReg 7695." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166756", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.133", "label": "Business and Marketing Code of Conduct for Certificated Telecommunications Utilities (CTUs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155914", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish a code of conduct in order to implement Public Utility Regulatory Act (PURA) §51.001 and §64.001 relating to fair business practices and safeguards against fraudulent, unfair, misleading, deceptive, or anticompetitive practices in order to ensure quality service and a competitive market.(b) Application. This section applies to all certificated telecommunications utilities (CTUs), as defined in §26.5 of this title (relating to Definitions), and CTU employees. This section also applies to all authorized agents of the CTU. This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Regulatory Act (PURA) §52.154.(c) Communications.(1) A CTU employee or authorized agent shall conduct communications with competitors and competitors' end-user customers with the same degree of professionalism, courtesy, and efficiency as that performed on behalf of their employer and end-user customers.(2) A CTU employee or authorized agent, while engaged in the installation of equipment or the rendering of services (including the processing of an order for the installation, repair or restoration of service, or engaged in the actual repair or restoration of service) on behalf of a competitor shall not make statements regarding the service of any competitor and shall not promote any of the CTU's services to the competitor's end-user customers.(d) Corporate advertising and marketing.(1) A CTU, CTU employee or authorized agent shall not engage in false, misleading or deceptive practices, advertising or marketing with respect to the offering of any telecommunications service.(2) A CTU, CTU employee or authorized agent shall not falsely state or falsely imply that the services provided by the CTU on behalf of a competitor are superior when purchased directly from the CTU.(3) A CTU, CTU employee or authorized agent shall not falsely state or falsely imply that the services offered by a competitor cannot be reliably rendered, or that the quality of service provided by a competitor is of a substandard nature.(4) A CTU, CTU employee or authorized agent shall not falsely state nor falsely imply to any end-user customer that the continuation of any telecommunications service provided by the CTU is contingent upon ordering any other telecommunications service offered by the CTU. This section is not intended to prohibit a CTU from offering, or enforcing the terms of, any bundled or packaged service or any other form of pricing flexibility permitted by PURA and commission rules.(e) Information sharing and disclosure.(1) Pursuant to the federal Telecommunications Act §222(a), each CTU has a duty to protect the confidentiality of proprietary information of, and relating to, other CTUs.(2) Pursuant to the federal Telecommunications Act §222(b), each CTU that receives or obtains proprietary information from another CTU for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts or any other unauthorized purpose.(f) References to other Chapter 26 substantive rules. The following commission rules also affect the conduct of CTU employees and authorized agents. All CTU employees and agents must be trained to comply with the specific substance of these rules which affect their employment responsibilities. Copies of specific commission rules shall be made available by the CTU to any employee or agent upon their request. The applicability of each of the following sections is unaffected by the reference in this section and does not relieve any CTU of its responsibility to abide by other applicable commission rules.(1) Section 26.21 of this title (relating to General Provisions of Customer Service and Protection Rules);(2) Section 26.31 of this title (relating to Disclosures to Applicants and Customers);(3) Section 26.32 of this title (relating to Protection Against Unauthorized Billing Charges (\"Cramming\"));(4) Section 26.37 of this title (relating to Texas No-Call List); and(5) Section 26.130 of this title (relating to Selection of Telecommunications Utilities).(g) Adoption and dissemination.(1) Every CTU or authorized agent shall formally adopt and implement all applicable provisions of this section as company policy, or modify existing company policy as needed to incorporate all applicable provisions, within 90 days of the effective date of this section. A CTU shall provide a copy of its internal code of conduct required by this section to the commission upon request.(2) Every CTU or authorized agent shall disseminate the applicable provisions of this section to all existing and new employees and agents, and take appropriate actions to both train employees and enforce compliance with this section on an ongoing basis. Every CTU shall document every employee's and agent's receipt and acknowledgement of its internal policies required by this section, and every CTU shall make such documentation available to the commission upon request.(h) Investigation and enforcement.(1) Administrative penalties. If the commission finds that a CTU has violated any provision of this section, the commission shall order the utility to take corrective action, as necessary, and the utility may be subject to administrative penalties and other enforcement actions pursuant to PURA, Chapter 15.(2) Certificate revocation. If the commission finds that a CTU is repeatedly in violation of this section, and if consistent with the public interest, the commission may suspend, restrict, or revoke the registration or certificate of the CTU.(3) Coordination with the Office of the Attorney General. The commission shall coordinate its enforcement efforts regarding the prosecution of fraudulent, misleading, deceptive, and anticompetitive business practices with the Office of the Attorney General in order to ensure consistent treatment of specific alleged violations.", "sourceNote": "Source Note: The provisions of this §26.133 adopted to be effective October 13, 2003, 28 TexReg 8934; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155914", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "F", "label": "REGULATION OF TELECOMMUNICATIONS SERVICE" }, "rule": { "number": "§26.134", "label": "Market Test to be Applied in Determining if Markets with Populations Less than 100,000 Should Remain Regulated" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish the market tests to be applied in determining if markets with populations less than 100,000 should remain regulated.(b) Application. This section applies to all incumbent local exchange companies (ILECs), as defined in §26.5 of this title (relating to Definitions).(c) Market Test. Markets as defined in PURA §65.002 with a population of less than 100,000 shall be deregulated only if the ILEC providing services to such a market submits evidence demonstrating that the population in the market is less than 100,000 and in addition to the ILEC there are at least two competitors operating in all or part of the market that:(1) are unaffiliated with the ILEC; and(2) provide voice communications service without regard to the delivery technology, including through:(A) Internet Protocol or a successor protocol;(B) satellite; or(C) a technology used by a wireless provider or a commercial mobile service provider, as that term is defined by PURA §64.201.(d) Market Test Procedures.(1) An ILEC may petition the commission to deregulate a market of the ILEC that the commission previously determined should remain regulated.(2) Only the ILEC may initiate a proceeding to deregulate one of its markets. Not later than the 90th day after the date the commission receives the petition, the commission shall:(A) determine whether the regulated market should remain regulated; and(B) issue a final order classifying the market in accordance with this section.(3) If the commission deregulates a market that results in a regulated or transitioning company no longer meeting the definition of a regulated or transitioning company, the commission shall issue an order reclassifying the company as a transitioning company or deregulated company, as those terms are defined by PURA §65.002.(e) Rural Exemption Waiver. In the event that an ILEC seeking deregulation of a market area with a population of less than 100,000 has a rural exemption as provided for in 47 U.S.C §251(f)(1) \"Exemption For Certain Rural Telephone Companies\" of the Communications Act of 1934, a petition for the removal of that rural exemption for that market must be approved by the commission in order for the market in question not to remain regulated. In addition, any such market must meet the conditions of the market test set forth in subsection (c) of this section.(f) Timing.(1) After September 1, 2011, an ILEC petitioning for deregulation of a market with a population of less than 100,000 shall submit with its petition the evidence in compliance with subsection (c) of this section and, if applicable, subsection (e) of this section.(2) A market deregulated as of September 1, 2011, shall remain deregulated.(3) The commission may not reregulate a market or company that has been deregulated.", "sourceNote": "Source Note: The provisions of this §26.134 adopted to be effective July 12, 2006, 31 TexReg 5453; amended to be effective April 4, 2012, 37 TexReg 2178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "G", "label": "ADVANCED SERVICES" }, "rule": { "number": "§26.141", "label": "Distance Learning, Information Sharing Programs, and Interactive Multimedia Communications and Private Network Services to Certain Entities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166758&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166758", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context indicates otherwise.(1) Distance learning--Instruction, learning, and training that is transmitted from one site to one or more sites by telecommunications services that are used by an educational institution predominantly for such instruction, learning, or training, including video, data, voice, and electronic information.(2) Educational institution--Accredited primary or secondary schools owned or operated by state and local government entities or by private entities; institutions of higher education as defined by the Education Code, §61.003(13); the Texas Education Agency, its successors and assigns; regional education service centers established and operated pursuant to the Education Code, Chapter 8; and the Texas Higher Education Coordinating Board, its successors and assigns.(3) Health center--A federally qualified health center delivery site.(4) Information sharing program--Instruction, learning, and training that is transmitted from one site to one or more sites by telecommunications services that are used by a library predominantly for such instruction, learning, or training, including video, data, voice, and electronic information.(5) Interactive multimedia communications--Real-time, two-way, interactive voice, video, and data communications conducted over networks that link geographically dispersed locations. This definition includes interactive communications within or between buildings on the same campus or library site.(6) Library--Public library or regional library system as defined by Government Code, §441.122, or a library operated by an institution of higher education or a school district.(b) Distance Learning Information Sharing Programs and Interactive Multimedia Communications.(1) Telecommunications services eligible for reduced rates.(A) Any tariffed service, if used predominantly for distance learning purposes by an educational institution or for information sharing program purposes by a library, is eligible for reduced rates, as set forth in this section.(B) A service is used predominantly for distance learning purposes by an educational institution or for information sharing program purposes by a library when over 50% of the traffic carried, whether in video, data, voice, and/or electronic information, is identified for such use pursuant to the requirements of paragraph (3) of this subsection.(2) Coordination with federal discounts(A) For any discount received pursuant to §26.216 of this title (relating to Educational Percentage Discount Rates (E-Rates)), an eligible school, library or consortia may apply such discount prior to any discount received under paragraph (3) or (4) of this subsection. Any subsequent discount received under this section shall apply to the discounted E-Rate and not the tariffed rate.(B) Any discount received under §26.216 of this title will be applied subsequent to the rate obtained for services offered pursuant to paragraph (5) of this subsection. For purposes of determining the rate to which a discount pursuant to §26.216 of this title will apply, the rates offered under subsection (b)(5) of this section qualify as the lowest corresponding price.(3) Process by which an educational institution or library qualifies for reduced rates other than through a customer-specific contract. To qualify for a discounted rate, an educational institution or library, as defined in subsection (a) of this section, must provide a sworn affidavit to the dominant certificated telecommunications utility account representative or, if no account representative is assigned, to the business office of the utility.(A) The affidavit shall:(i) specify the requested service(s) to be discounted;(ii) quantify, if applicable, the requested service(s) to be discounted;(iii) state that the discounted service(s) will be used predominantly for distance learning purposes or information sharing program purposes; and(iv) specify the intended use(s) of the discounted service(s).(B) The affidavit shall be signed by the administrative head of the institution (e.g., principal, president, chancellor) or library, or a designee given the task and authority to execute the affidavit on behalf of the educational institution or library requesting the discounted rates.(C) No other special form needs to be provided as part of the application process.(D) The educational institution or library shall provide an affidavit each time it orders services that will be used predominantly for distance learning purposes or information sharing program purposes.(4) Interactive multimedia communications services. Any dominant certificated telecommunications utility that provides interactive multimedia communications services may file a tariff to establish rates at levels necessary, using sound rate-making principles, to recover costs associated with providing such services to educational institutions or libraries. Those interactive multimedia communications services used predominantly for distance learning or information sharing program purposes, however, shall qualify for a 25% discount pursuant to paragraph (3) of this subsection.(5) Customer-specific contracts. When a service is provided to an educational institution or library pursuant to §26.211 of this title (relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges), the dominant certificated telecommunications utility shall price those components of the service used predominantly for distance learning or an information sharing program no greater than 110%, including installation, of the customer-specific long-run incremental cost.(6) Cost determination. Notwithstanding paragraph (3) and (4) of this subsection, once the commission develops cost determination rules for telecommunications services generally, a reduced rate approved under this section shall recover the service-specific long-run incremental costs. In the case of interactive multimedia communications services, however, the commission may allow a rate to be set lower than the long-run incremental cost of a specific service if such is determined to be in the public interest.(c) Private Network Services for Certain Entities. A PURA Chapter 58 or 59 electing company shall provide network services to an educational institution; a library, defined as a public library or regional library system as defined by Government Code §441.122, or a library operated by an institution of higher education or a school district; a nonprofit telemedicine center; a public or not-for-profit hospital; a legally constituted consortium or group of these entities listed herein; or a health center.(1) Priority shall be given to rural areas, areas designated as critically underserved either medically or educationally, and educational institutions with high percentages of economically disadvantaged students.(2) An electing company shall provide private network services under a customer-specific contract.(3) An electing company shall offer private network service contracts under PURA Chapter 58, Subchapter G at 110% of the long run incremental cost of providing the private network service, including installation.(4) An electing company shall file a flat monthly tariff rate for point-to-point intraLATA 1.544 megabits a second service. The tariff rate shall not be distance sensitive or higher than 110% of the service's statewide average long run incremental cost, including installation.(5) On request of an entity listed in this subsection, an electing company shall provide point-to-point 45 megabits a second intraLATA services. The rate for the service shall not be higher than 110% of the service's long run incremental cost, including installation, and must be provided under a customer-specific contract except that any interoffice portion of the service must be recovered on a statewide average basis that is not distance sensitive.(6) An electing company shall provide to an entity listed in this subsection, broadband digital special access service to interexchange carriers, and the rate for the service shall not be higher than 110% of the service's long run incremental cost, including installation.(7) On request of an entity listed in subsection (c) of this section, an electing company shall provide expanded interconnection (virtual collocation).(8) On request of an educational institution or library in an exchange of an electing company serving more than five million access lines in which toll-free access to the Internet is not available, an electing company shall make available a toll-free connection or toll-free dialing arrangement that the institution or library may use to obtain access to the Internet in an exchange in which toll-free access to the Internet is available at no charge until Internet access becomes available in the exchange of the requesting institution or library. The electing company is not required to arrange for Internet access or to pay Internet charges for the requesting institution or library.(9) The private network services provided under PURA Chapter 58, Subchapter G may be interconnected with other similar networks for distance learning, telemedicine, and information-sharing purposes.", "sourceNote": "Source Note: The provisions of this §26.141 adopted to be effective May 5, 1998, 23 TexReg 4260; amended to be effective November 29, 2007, 32 TexReg 8468; amended to be effective April 4, 2012, 37 TexReg 2178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166758&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166758", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "G", "label": "ADVANCED SERVICES" }, "rule": { "number": "§26.143", "label": "Provision of Advanced Services in Rural Areas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215871", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §55.014 regarding the provision of advanced services to facilitate connection of end users to the Internet. This section is also intended to promote the policy, pursuant to PURA §51.001(g), that customers in all regions of this state have access to advanced telecommunications and information services. (b) Application. This section applies to a company electing under PURA Chapter 58 or a company that holds a certificate of operating authority (COA) or service provider certificate of operating authority (SPCOA). This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under PURA §52.154. (c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Advanced services provider--Any entity that offers or deploys advanced services, such as a holder of a certificate of convenience and necessity, a COA, a SPCOA, a cable company, a fixed wireless company, a satellite company, or any other provider of an advanced service. (2) Advanced telecommunications services--Any retail telecommunications services that, regardless of transmission medium or technology, are capable of originating and receiving data transmissions for the purpose of accessing the Internet with a speed of at least 200 kilobits per second in the last mile in one direction and with a speed of at least 128 kilobits a second in the last mile in the opposite direction. (3) Advanced services--Any retail services that, regardless of transmission medium or technology, are capable of originating and receiving data transmissions for the purpose of accessing the Internet with a speed of at least 200 kilobits per second in the last mile in one direction and with a speed of at least 128 kilobits a second in the last mile in the opposite direction. An advanced service includes any advanced telecommunications service. (4) Company--A telecommunications utility electing under PURA Chapter 58 or an entity that holds a COA or a SPCOA that provides advanced telecommunications services in urban areas of this state and provides local exchange telephone services in a rural area seeking provision of advanced services. (5) Reasonably comparable or similar services--Any services that meet the definition of an advanced service. Each advanced service is substitutable for any other advanced service. (6) Rural area or rural service area--Any community located in a county not included within any Metropolitan Statistical Area (MSA) boundary, as defined by the United States Office of Management and Budget, and any community within an MSA with a population of 20,000 or fewer not adjacent to the primary MSA city. (7) Urban area or urban service area--A municipality in this state with a population of more than 190,000. (d) Provision of advanced services. (1) Requirement to provide an advanced service. (A) A company that provides advanced telecommunications services within the company's urban service areas shall, on a Bona Fide Retail Request for service, provide in rural areas served by the company advanced services that are reasonably comparable to the advanced telecommunications services provided in urban areas. The company shall provide such advanced services to the retail customer(s) seeking service through a Bona Fide Retail Request determined by the commission under this section: (i) at reasonably comparable prices, terms, and conditions to the prices, terms, and conditions for similar advanced telecommunications services provided by the company in proximate urban areas; and (ii) within 15 months after notice of the Bona Fide Retail Request for those services is published in the Texas Register. (B) A company that provides advanced services in a rural area pursuant to a Bona Fide Retail Request shall provide advanced services to any subsequent retail customer(s) located within 14,000 26-gauge cable feet or its equivalent of the same central office as determined for the original Bona Fide Retail Request under this section: (i) at reasonably comparable prices, terms, and conditions to the prices, terms and conditions for similar advanced services provided by the company in proximate urban areas; and (ii) within a reasonably comparable period of time as the period of time a company provides advanced telecommunications services to the company's subsequent retail advanced services customers located in proximate urban areas. (C) A company meets the requirement of providing a reasonably comparable advanced service if the company has provided the requested or a reasonably comparable advanced service in accordance with this section either: (i) directly; or (ii) through a business arrangement with an advanced services provider. (D) A company shall not be required to provide advanced services in a rural area when an advanced services provider is already providing advanced services in the rural area seeking an advanced service at the time of the Bona Fide Retail Request or within 15 months after notice of the Bona Fide Retail Request is published in the Texas Register. When determining if another provider is already providing an advanced service in a rural area, the commission shall, with information available to the public, consider: (i) whether an advanced services provider is actively marketing an advanced service in the rural area; (ii) whether an advanced services provider is offering, directly or indirectly, installation and repair services for facilities and equipment necessary for the provision of the advanced service; (iii) whether customers in the rural area are able to receive installation and repair services necessary for facilities and equipment; (iv) whether the price of installation and repair services are reasonably comparable to prices in proximate urban areas; and (v) whether an advanced services provider or distributor is located within or near the rural area. (E) The absence of an Internet service provider is a factor to be considered, but necessarily an exception, when requiring a company to provide advanced services in a rural area. (F) This section may not be construed to require a company to: (i) begin providing services in a rural area in which the company does not provide local exchange telephone service; (ii) provide advanced services in a rural area of this state unless the company provides advanced telecommunications services in urban areas of this state; or (iii) provide a specific advanced service or technology in a rural area. (2) Reasonably comparable price, terms, and conditions. Advanced services provided by a company to a rural area pursuant to paragraph (1) of this subsection must be provided at prices, terms, and conditions that are reasonably comparable to the prices, terms, and conditions for similar advanced telecommunications services provided by the company in proximate urban areas. (A) Reasonably comparable prices. (i) If a monthly retail price for an advanced service is within 140% of the monthly retail price of the advanced telecommunications service offered in the same company's proximate urban service area, there shall be a rebuttable presumption that the price is reasonably comparable. A promotional rate for an advanced telecommunications service shall not be considered a monthly retail price if it is offered for less than four months. (ii) When considering whether a price is reasonably comparable, the commission shall consider the distance, terrain, and features of the rural area seeking the advanced service. (iii) A company may rebut the 140% presumption by showing that a higher price is necessary to recover its reasonable costs in providing the advanced service. (iv) Any interested person may rebut the 140% presumption by showing that a lower price will allow a company to recover its reasonable costs in providing the advanced service. (v) Any company or interested person seeking to rebut the 140% presumption by showing that a higher or lower price is warranted must do so during the Commission Selection Proceeding under subsection (f)(4) of this section. Any dispute regarding a company's reasonably comparable price must be resolved during the Commission Selection Proceeding under subsection (f)(4) of this section. (B) Reasonably comparable terms and conditions. (i) Reasonably comparable terms and conditions are those terms and conditions applicable to the provision of advanced services in a rural area that are similar to the terms and conditions for advanced telecommunications services provided by the same company in proximate urban areas. (ii) A company may require a term commitment for all persons seeking advanced services under a Bona Fide Retail Request. When considering whether a term commitment is reasonably comparable, the commission shall consider the distance, terrain, and features of the rural area seeking the advanced service. (e) Requesting competitive response for provision of advanced services. A person(s) in a rural area seeking provision of an advanced service shall first submit a request for a competitive response for provision of those services. The request need not conform to the requirements of a Bona Fide Retail Request unless the requesting person(s) intends to seek provision of an advanced service under the Bona Fide Retail Request process in subsection (f) of this section. (1) Requesting advanced services. (A) Any person(s) in a rural area seeking the provision of advanced services shall submit a written request to the commission for posting on the commission website. (B) The written request must include the name, address, and telephone number of a contact person. (C) Within five working days after receipt, the commission shall post the request for advanced services on the commission's website. (D) The commission shall post on the commission website: (i) the name, address, and telephone number of the contact person; (ii) the number of lines requested; (iii) the number of customers requesting service; (iv) the location of the rural area seeking the advanced service; and (v) any other information the commission deems relevant. (2) Competitive response. (A) After posting on the website, any company or advanced service provider may submit to the contact person a proposal to provide advanced services to the person(s) seeking advanced services. (B) Proposals must be submitted to the contact person within 50 days after the request was posted and provide for deployment of the advanced service within 15 months after the request was posted by the commission. (C) The person(s) seeking advanced services may negotiate with and select a provider based upon all of the proposals received. (D) If no advanced services provider has committed to provide advanced services to the person(s) submitting a request within 60 days after the request was posted by the commission, the contact person shall notify the commission. Upon notification, the contact person may ask that the commission establish a proceeding to determine that the request is a Bona Fide Retail Request. (f) Bona Fide Retail Request process. (1) Commission proceeding to determine a Bona Fide Retail Request. (A) Upon request under subsection (e)(2)(D) of this section, the commission shall determine whether a request is a Bona Fide Retail Request. This request may be processed administratively. (B) Any interested person may present written comments or objections, setting forth the basis of any facts in dispute, regarding whether the request is a Bona Fide Retail Request under this section. (2) Bona Fide Retail Request. A Bona Fide Retail Request must: (A) include a written request for at least 150 lines for service within 14,000 26-gauge cable feet or its equivalent of the same central office in a rural area; (B) contain the name, address, telephone number, and signature of the retail customer(s) seeking service, the advanced service(s) requested, and the date of the request; (C) contain the name, address, and telephone number of a contact person; (D) state whether an advanced services provider is already providing, is contracted to provide, or is willing to provide advanced services in the rural area seeking the advanced service; and (E) state whether an Internet service provider is providing or commits to provide functional Internet connectivity in the rural area seeking the advanced service. (3) Notice of Bona Fide Retail Request. After determination that a request is a Bona Fide Retail Request, the commission shall: (A) notify electronically or by mail all companies electing under PURA Chapter 58 and all COA and SPCOA holders of the Bona Fide Retail Request; (B) post notice of the Bona Fide Retail Request on the commission website; and (C) publish notice of the Bona Fide Retail Request in the Texas Register. (D) The commission shall include in the notification, post on the commission website, and publish in the Texas Register: (i) the name, address, and telephone number of the contact person; (ii) the number of lines requested; (iii) the number of customers requesting service; (iv) the location of the rural area; and (v) any other information the commission deems relevant. (4) Commission selection proceeding. After notification of the Bona Fide Retail Request, the commission shall establish a proceeding to select the company or companies obligated to provide an advanced service. (A) Company response. Each company subject to this section for the rural area seeking advanced services shall submit a proposal for the provision of one or more advanced services to the retail customer(s) seeking service through the Bona Fide Retail Request determined by the commission under this section. (i) Each company shall submit its proposal within 30 days after publication of the Bona Fide Retail Request notice in the Texas Register. (ii) All proposals shall comply with the requirements of subsection (d) of this section. (iii) A company required to submit a proposal may contest the obligation to serve by setting forth the basis of its challenge. The company must, however, file its proposal as required by this subsection. (B) Company response exemption. A company subject to this section for the rural area seeking advanced services is presumed to be exempt from the requirements of this subsection and is not required to submit a proposal for the provision of advanced services if, at the time the Bona Fide Retail Request is published in the Texas Register, the company served fewer than 150 local exchange telephone service lines within 14,000 26-gauge cable feet or its equivalent of the same central office as determined for the Bona Fide Retail Request under this section in the last month of the most recent quarterly reporting period submitted to the commission pursuant to Local Government Code, Chapter 283. (C) Commission determination. Within 150 days after notice of the Bona Fide Retail Request is published in the Texas Register, the commission shall determine the selected company or companies obligated to serve the retail customer(s) seeking service through the Bona Fide Retail Request determined by the commission under this section. (D) Selection criteria. When selecting the company or companies obligated to serve, among other factors the commission may deem relevant, the commission shall consider: (i) the overall quality of telecommunications service in the rural area; (ii) the characteristics and attributes of network facilities in the rural area; (iii) the terrain and geographic features of the rural area; (iv) the number of local exchange telephone service providers in the rural area; (v) the population and population density of the rural area; (vi) the number of local exchange telephone service customers the company serves in the rural area; (vii) the manner or method by which the company provides local exchange telephone service in the rural area; (viii) whether a company that provides local exchange service through resale or unbundled network element platform can purchase advanced services through resale or unbundled network element platform in the rural area; (ix) the extent to which the selection may prohibit or have the practical effect of prohibiting the ability of any company to provide local exchange telephone service in rural areas; (x) a company's planned response for subsequent requests for service within 14,000 26-gauge cable feet or its equivalent of the same central office as determined for the original Bona Fide Retail Request under this section; (xi) the method by which the company would provide an advanced service in the rural area; and (xii) whether a company provides service in proximate urban areas to the rural area seeking advanced services.", "sourceNote": "Source Note: The provisions of this §26.143 adopted to be effective May 15, 2002, 27 TexReg 3994; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215871", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "ALTERNATIVE REGULATION" }, "rule": { "number": "§26.171", "label": "Small Incumbent Local Exchange Company Regulatory Flexibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69155", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and application.(1) Purpose. The purpose of this section is to establish procedures and pricing guidelines that small incumbent local exchange companies (ILECs), because of their special characteristics, may use to expedite commission approval of services and rates in accordance with the Public Utility Regulatory Act (PURA), Chapter 53, Subchapter G. Through this section, the commission encourages the provision of adequate and efficient telecommunications service by facilitating the ability of small ILECs' to offer technologically advanced services that are generally available in metropolitan areas from large ILECs.(2) Application. This section applies to any small ILEC as that term is defined in §26.5 of this title (relating to Definitions), except that this section does not apply to a cooperative corporation partially deregulated under PURA, Chapter 53, Subchapter H. Nothing in this section precludes a small ILEC from offering a packaged service, new service, or promotional service or proposing a change in rates under other applicable sections of the PURA. Nothing in this section prohibits the commission from conducting a review in accordance with PURA, Chapter 53, Subchapter D. Notwithstanding limitations contained within §26.121 of this title (relating to Privacy Issues), §26.121 of this title applies to notices to the commission (commission notices) filed under this section.(b) Definition. The term \"affected customer\" when used in this section means a customer that is in the class of customers and in the exchange or exchanges affected by the notice filed in accordance with the provisions of this section.(c) Filing. By following procedures outlined in this section, a small ILEC may offer extended local calling service, a packaged service, a promotional service, or a new service on an optional basis or make a minor change in its rates or tariffs.(1) Notice. At least ten calendar days before the effective date of the proposed change, the small ILEC must file notice with the commission and the Office of Public Utility Counsel. Such notice must include:(A) a copy of the customer notice required by subsection (d) of this section;(B) a sufficient description of how notice was or will be provided to the customers to allow the presiding officer to rule on the sufficiency of the notice;(C) any request for a good cause waiver to the requirements of this section, and sufficient justification for the good cause exception to allow the presiding officer to rule on the request;(D) a copy of the resolution adopted by the small ILEC's board of directors approving the proposed change;(E) the proposed effective date of the change;(F) a description of the affected services and the category of customers affected by the proposed change;(G) a copy of the proposed tariff;(H) the number of access lines the small ILEC and each of its affiliates has in service in the state;(I) the amount by which the small ILEC's total regulated intrastate gross annual revenues will increase or decrease as a result of the proposed change, and, if the proposal is for a rate change, sufficient information to demonstrate that the proposed change is a minor change;(J) a statement affirming that the rates are just and reasonable, are not unreasonably preferential, prejudicial, or discriminatory, and are sufficient, equitable, and consistent in application to each class of customers, in accordance with PURA §53.003;(K) information required by §26.121 of this title (relating to Privacy Issues); and(L) any other information the small ILEC wants considered in connection with the notice.(2) Response to the commission notice. No later than ten calendar days after the small ILEC files the commission notice, the presiding officer assigned to the project will notify the small ILEC of any deficiencies in the commission notice, whether the notice to the customers is approved, and whether a waiver request, if any, is granted.(d) Notice. A small ILEC satisfies the notice requirements in paragraphs (1)-(4) of this subsection by completing notice to the affected customers no later than 10 days before the proposed effective date of the tariff sheets. If notice is not completed as required, the proposed effective date will be postponed for as many days as completion of notice is delayed.(1) Extended local calling service, packaged service, promotional service or new service. For extended local calling service, a packaged service, promotional service or a new service, notice must be provided to each affected customer.(2) Good cause exceptions. The presiding officer may require for good cause that notice be provided in addition to notice proposed by the small ILEC for a proposed new service or may waive for good cause the notice requirement prescribed by this section.(3) Contents of notice. Each notice must include:(A) a description of each service affected by the proposed change;(B) a list of rates affected by the commission notice and how the rates affect each category of affected customers;(C) the proposed effective date of the change;(D) an explanation of the affected customer's right to petition the commission for review under subsection (g)(2) of this section, including the number of affected persons required to petition before commission review will occur and the date by which the petition must be received by the commission, which date must be 30 calendar days following the completion of notice;(E) an explanation of the affected customer's right to obtain from the small ILEC a copy of the proposed tariff and instructions on how to do so; and(F) the amount by which the small ILEC's total regulated intrastate gross annual revenues will increase as a result of the proposed change.(4) Proof of customer notice. No later than seven calendar days following completion of notice, the small ILEC or a representative of the small ILEC must file one or more affidavits establishing proof of notice to customers as required by this subsection.(e) New service availability. If the commission notice concerns a new service, as defined in §26.5 of this title, that will not be offered system-wide, the small ILEC must explain separately for each telephone exchange why the new service cannot be offered system-wide.(f) Rates and revenues. The following requirements apply to a commission notice filed under this section:(1) Minor change. A proposed rate change must be a minor change as defined in §26.5 of this title.(2) Limitation on rate increases. Except for good cause shown, a rate will not be increased more than once in any 12-month period.(3) Rate-setting principles. A rate established under this section must be in accordance with the rate-setting principles of PURA, Chapter 53, except that a small ILEC may provide to its board members, officers, employees, or agents free or reduced rates for services.(g) Review.(1) Effective date. A proposed tariff filed under this section is effective on the date proposed by the small ILEC, unless the effective date is suspended.(2) Suspension of tariff. The proposed tariff may be suspended up to 150 calendar days to provide the commission an opportunity to review the commission notice. Additionally, the presiding officer will suspend the tariff if within 30 calendar days following the completion of the customer notice:(A) the commission receives a complaint relating to the proposed change signed by the lesser of 5.0% or 1,500 of the affected local service customers to which the proposed change applies. Five percent will be calculated based upon the total number of affected customers of record as of the calendar month preceding receipt of the complaint; or(B) the commission receives a complaint relating to the proposed change from either an affected intrastate access customer or a group of affected intrastate access customers that, in the preceding 12 months, the small ILEC billed more than 10% of its total intrastate gross access revenues; or(C) the proposed change is not a minor change; or(D) the proposed change is not consistent with the commission's written substantive policies; or(E) the small ILEC has not complied with the procedural requirements of this section.(h) Docketing. Following suspension of the effective date of the proposed tariff, the presiding officer will provide a small ILEC a reasonable opportunity to modify its commission notice to address conditions that exist, if any, under subsection (g)(2) of this section. If conditions under subsection (g)(2) of this section are not resolved during the suspension period, the presiding officer may docket the project. If the project is docketed, the effective date of the proposed tariff will be automatically suspended and the commission will review the commission notice in accordance with the commission's procedural rules applicable to docketed cases.", "sourceNote": "Source Note: The provisions of this §26.171 adopted to be effective April 5, 2000, 25 TexReg 2804; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69155", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "ALTERNATIVE REGULATION" }, "rule": { "number": "§26.172", "label": "Voting Procedures for Partial Deregulation or Reversal of Partial Deregulation of Telephone Cooperatives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215872", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. A cooperative seeking to partially deregulate or to reverse partial deregulation shall utilize the voting procedures required in this section.(b) Definition. The term \"majority vote\" shall mean a vote of more than 50% of the valid ballots returned by the cooperative's members.(c) Balloting. Balloting by a cooperative shall comply with the requirements in this subsection.(1) A ballot and a postage-paid return envelope, or a ballot on a postage-paid postcard addressed to the cooperative, and instructions shall be provided to each member of the cooperative.(2) Materials required in paragraph (1) of this subsection may be provided as bill inserts or as a separate mailing.(3) The ballot shall be printed as a separate form on paper that is a different color from any other paper contained in the same mailing and shall be contained on one page or postcard.(4) Ballots shall be written in English and in Spanish if §26.26 of this title (relating to Spanish Language Requirements) is applicable.(5) The ballot shall be entitled:(A) \"BALLOT SEEKING THE PARTIAL DEREGULATION OF (NAME OF COOPERATIVE)\" if the ballot is one for partial deregulation; or(B) \"BALLOT SEEKING TO REVERSE THE PARTIAL DEREGULATION OF (NAME OF COOPERATIVE)\" if the ballot is one to reverse partial deregulation.(6) Each ballot shall:(A) provide brief instructions to mark with an \"X\" either the box \"FOR\" or \"AGAINST\" the action that is the subject of the balloting;(B) provide in boldface type that is larger than surrounding text the date certain by which the ballot must be postmarked for tabulation; and(C) contain a box labeled \"FOR Authorizing the Partial Deregulation of the (Name of the Cooperative)\" and a box labeled \"AGAINST Authorizing the Partial Deregulation of the (Name of the Cooperative)\" if the ballot is one to partially deregulate, or contain a box labeled \"FOR Authorizing the Reversal of Partial Deregulation of the (Name of the Cooperative)\" and a box labeled \"AGAINST Authorizing the Reversal of Partial Deregulation of the (Name of the Cooperative)\" if the ballot is one to reverse partial deregulation.(7) Ballots must include the statement \"By signing this ballot, I affirm that I am the member to whom this ballot was addressed\" and must provide, following the statement, lined spaces for the member to provide his or her printed name, address, telephone number, and signature.(8) Ballots shall not contain any statement regarding how a member should cast a vote on the action that is the subject of the balloting.(d) Instructions for balloting. Instructions for balloting by a cooperative shall comply with the requirements in this subsection.(1) Instructions for balloting shall accompany each ballot provided to a member of the cooperative.(2) Instructions shall be printed as a form separate from the ballot and any other insert provided in the same mailing and shall be provided in English and in Spanish, if §26.26 of this title (relating to Spanish Language Requirements) is applicable.(3) Instructions shall be entitled:(A) \"INSTRUCTIONS FOR BALLOT SEEKING THE PARTIAL DEREGULATION OF (NAME OF COOPERATIVE)\" if the ballot is one for partial deregulation; or(B) \"INSTRUCTIONS FOR BALLOT SEEKING TO REVERSE THE PARTIAL DEREGULATION OF (NAME OF COOPERATIVE)\" if the ballot is one to reverse partial deregulation.(4) Instructions shall explain in plain language the meaning of:(A) partial deregulation and the effects of partial deregulation, if the vote is one to partially deregulate; or(B) reversal of partial deregulation and the effects of reversal of partial deregulation, if the vote is one to reverse partial deregulation.(5) Instructions must state in boldface type that is larger than surrounding text the date certain by which the ballot must be postmarked for tabulation.(6) Instructions shall explain that a ballot must be returned for tabulation via U.S. mail.(7) Instructions shall not contain any statement regarding how a member should cast a vote on the action that is the subject of the balloting.(8) Instructions shall define majority vote and shall explain that a majority vote is required in order to achieve the action that is the subject of the balloting.(e) Tabulation of ballots.(1) A ballot will be tabulated if it:(A) contains a mark in the box either \"FOR\" or \"AGAINST\" the action being sought;(B) is postmarked for tabulation within 45 days following the date that ballots are mailed to members; and(C) is returned via U.S. mail.(2) The following votes will not be tabulated:(A) a ballot for which neither a \"FOR\" nor an \"AGAINST\" vote is cast;(B) a ballot for which both a \"FOR\" and an \"AGAINST\" vote is cast;(C) a ballot that represents a second vote for the member;(D) a ballot for which the procedures required by this section are not followed;(E) a ballot for which the envelope or postcard bears a postmark later than the 45th day following the date the ballot or postcard was mailed to the member.(F) a ballot that represents a vote from a non-member customer.(G) a ballot which represents a proxy vote.(H) a ballot for which the envelope or postcard bears no legible postmark from the U.S. Postal Service unless it is received by the cooperative via the U.S. mail within 45 days following the date the ballot or postcard was mailed to the member.(f) Retention of Ballots.(1) A cooperative shall retain for 90 days after the end of the 45 day voting period all ballots and envelopes returned by the members in the voting process.(2) During the 90 day retention period a cooperative shall produce the ballots and envelopes to the commission for inspection if so requested by the commission.(g) Reporting Requirement. Any telephone cooperative deregulated prior to the effective date of this section shall file a letter with the commission within 30 days from the effective date of this section. Any telephone cooperative deregulated or reversing its deregulation after the effective date of this section shall file a letter with the commission within 30 days of deregulation or reversal of deregulation. The letter shall state whether the cooperative is partially deregulating or reversing deregulation, the date of the change, and whether its members approved the change. The letter shall be filed in Project Number 21122.", "sourceNote": "Source Note: The provisions of this §26.172 adopted to be effective November 28, 1999, 24 TexReg 10526." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215872", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "I", "label": "ALTERNATIVE REGULATION" }, "rule": { "number": "§26.175", "label": "Reclassification of Telecommunications Services for Electing Incumbent Local Exchange Companies (ILECs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "62526", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section:(1) establish the minimum criteria and standards for reclassifying a basic network service as a discretionary service or competitive service; or a discretionary service as a competitive service, in accordance with the Public Utility Regulatory Act (PURA) §58.024; and(2) to establish the procedures to be followed in petitioning for reclassification.(b) Application. This section applies to electing ILECs.(c) General standards for reclassification of a service. The following conditions must be satisfied to reclassify a service.(1) Prerequisite for reclassification of a service. The commission may reclassify a service only if each competitive safeguard prescribed by PURA Chapter 60, Subchapters B through H, is fully implemented.(2) Designation of reclassification area. An electing ILEC must designate the exchange areas for which it is seeking to reclassify each service. A reclassification area must contain the entire territory of each exchange area designated.(3) Identification of services to be reclassified. An electing ILEC must identify each service which it is seeking to reclassify and must specify for each service whether the service is for residential lines, business lines, or both.(4) Public interest standard. The reclassification of the service is just and reasonable, is not unreasonably preferential, prejudicial, or discriminatory, or predatory or anti-competitive, and is in the public interest.(5) Rate changes. Rate changes must be contemplated by the commission, in a separate proceeding, after reclassification has occurred.(d) Standards for reclassification of a basic network service as a discretionary service. In addition to meeting the requirements of subsection (c) of this section, the following conditions must be satisfied to reclassify a basic network service as a discretionary service:(1) The service is not necessary to complete a telephone call; and(2) Public policy determines that the service does not need to remain in a basic network service classification.(e) Standards for reclassification of a basic network service or discretionary service as a competitive service. In addition to meeting the requirements of subsection (c), the following conditions must be satisfied to reclassify a basic network service as a competitive service, or to reclassify a discretionary service as a competitive service:(1) There is an alternative facilities-based provider offering the same, equivalent, or substitutable service at comparable rates, terms, and conditions in the reclassification area;(2) At least 60% of access lines of the type, either residential, business, or both, for which the service is provided that are located in the reclassification area have access to alternative, facilities-based providers;(3) Substantial barriers to entry do not exist for the relevant market;(4) The existing competitors have or can easily obtain additional capacity, or new competitors may easily enter the market in response to an increase in price of the electing ILEC's rates; and(5) The electing ILEC does not have market power sufficient to control the price of the service in the reclassification area in a manner that is adverse to the public interest.(f) Requirements for notice and contents of the application in compliance with this section.(1) Notice of Application. The electing ILEC must provide direct notice to all certificate of convenience and necessity, service provider certificate of operating authority, and certificate of operating authority holders offering service in the reclassification area and issue notice to each customer of the ILEC in the reclassification area. The notice must include a description of the requested reclassification, the service, the proposed rates, the reclassification area, other terms of the service, the types of customers likely to be affected if the application is approved, the proposed effective date for the application, and the following language: \"Persons who wish to comment on this application should notify the commission by (specified date, ten days before the proposed effective date), and (any other item required by the presiding officer). Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the PUCT Consumer Protection Division at (512) 936-7120 or toll free at (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at 1-800-735-2989.\"(2) Contents of application for each electing ILEC seeking a service reclassification. In addition to the commission's filing requirements, one copy of the application must be delivered to commission staff and one copy must be delivered to the Office of Public Utility Counsel (OPUC). The application must contain the following:(A) A showing by the electing ILEC that the competitive safeguards in PURA, Chapter 60, Subchapters B through H have been met;(B) For each exchange in the reclassification area, a description of the reclassification sought, each service, the rates, terms, and conditions under which each service is currently provided, how the proposed reclassification of each service is just and reasonable and is not unreasonably preferential, prejudicial, discriminatory, predatory or anti-competitive;(C) A description of the reclassification area, specifying the exchange area or areas, for which the reclassification is requested;(D) The proposed effective date of the reclassification;(E) A statement detailing the method and content of the notice, if any, the utility has provided or intends to provide to the public regarding the application and a brief statement explaining why the electing ILEC's notice proposal is reasonable and that the electing ILEC's notice proposal complies with applicable law;(F) A copy of the text of the notice, if any;(G) A showing that the relevant standards required under subsection (d) or (e) of this section, whichever is applicable, have been satisfied for each exchange in the reclassification area;(i) An estimate of the number and size of alternative facilities-based providers offering the service to be reclassified for each exchange in the reclassification area;(ii) The total number and percentage of the electing ILEC's subscribers of the service in the reclassification area, for each exchange, measured by number of customers and access lines;(iii) An estimate of the electing ILEC's market share for the service, for each exchange, measured by number of customers and access lines; and(H) An explanation of how the reclassification of the service advances the public interest for each exchange in the reclassification area.(g) Commission processing of application.(1) Administrative review. An application considered under this section is eligible for administrative review unless the electing ILEC requests the application be docketed or the presiding officer, for good cause, determines at any point during the review that the application should be docketed.(A) The operation of the proposed rate schedule may be suspended for 35 days after the effective date of the reclassification. The effective date must be no earlier than 30 days after the filing date of the application or 30 days after public notice is completed, whichever is later.(B) The application must be reviewed for sufficiency. If the presiding officer concludes that material deficiencies exist in the application, the applicant must be notified within ten working days of the filing date of the specific deficiency in its application, and the earliest possible effective date of the reclassification will be no less than 30 days after the filing of a sufficient application with substantially complete information as required by the presiding officer. Thereafter, any deadlines will be determined 30 days from the day after the filing of the sufficient application and information or from the effective date if the presiding officer extends that date.(C) While the application is under administrative review, the commission staff and the staff of OPUC may submit requests for information to the electing ILEC. A copy of all answers to such requests for information must be filed with central records and must be provided to OPUC within ten days after receipt of the request by the electing ILEC.(D) No later than 20 days after the filing date of the sufficient application, interested persons may provide to the commission staff written comments or recommendations concerning the application. Commission staff will and OPUC may file with the presiding officer written comments or recommendations concerning the application.(E) No later than 35 days after the effective date of the reclassification, the presiding officer will issue an order approving, denying, or docketing the electing ILEC's application.(2) Approval or denial of application. The application will be approved by the presiding officer if the proposed reclassification complies with each requirement of this section. If, based on the administrative review, the presiding officer determines that one or more of the requirements not waived have not been met, the presiding officer must docket the application.(3) Standards for docketing. The application may be docketed in accordance with§22.33(b) of this title (relating to Tariff Filings).(4) Review of the application after docketing. If the application is docketed, the deadline is automatically suspended to 120 days after the applicant has filed all direct testimony and exhibits, or 155 days after the effective date of the reclassification, whichever is later. Affected persons may move to intervene in the docket, and the presiding officer may schedule a hearing on the merits. The application must be processed in accordance with the commission's rules applicable to docketed cases.", "sourceNote": "Source Note: The provisions of this §26.175 adopted to be effective March 28, 1999, 24 TexReg 2017; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "62526", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.201", "label": "Cost of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "62528", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Unless the context clearly indicates otherwise, in this section the term \"utility,\" insofar as it relates to telecommunications utilities, shall refer to dominant certificated telecommunications utilities (DCTUs).(b) Components of cost of service. Except as provided for in the Public Utility Regulatory Act (PURA), Chapters 58 and 59, or subsection (d)(2) of this section, relating to invested capital; rate base, rates are to be based upon a utility's cost of rendering service to the public during a historical test year, adjusted for known and measurable changes. The two components of cost of service are allowable expenses and return on invested capital.(c) Allowable expenses. Only those expenses which are reasonable and necessary to provide service to the public shall be included in allowable expenses. In computing a utility's allowable expenses, only the utility's historical test year expenses as adjusted for known and measurable changes will be considered.(1) Components of allowable expenses. Allowable expenses, to the extent they are reasonable and necessary, and subject to the rules in this section, may include, but are not limited to, the following general categories:(A) Operations and maintenance expense incurred in furnishing normal utility service and in maintaining utility plant used by and useful to the utility in providing such service to the public. Payments to affiliated interests for costs of service, or any property, right or thing, or for interest expense shall not be allowed as an expense for cost of service except as provided in the PURA §53.058.(B) Depreciation expense based on original cost and computed on a straight line basis as approved by the commission.(C) Assessments and taxes other than income taxes.(D) Federal income taxes on a normalized basis. Federal income taxes shall be computed according to the provisions of PURA §53.060.(E) Advertising, contributions and donations. The actual expenditures for ordinary advertising, contributions, and donations may be allowed as a cost of service provided that the total sum of all such items allowed in the cost of service shall not exceed three-tenths of 1.0% (0.3%) of the gross receipts of the utility for services rendered to the public. Funds expended advertising methods by which the consumer can effect a savings in total utility bills shall be included in the calculation of the three-tenths of 1.0% (0.3%) maximum.(F) Accruals credited to reserve accounts for self insurance under a plan requested by a utility and approved by the commission. The commission shall consider approval of a self insurance plan in a rate case in which expenses or rate base treatment are requested for such a plan. For the purposes of this rule, a self insurance plan is a plan providing for accruals to be credited to reserve accounts. The reserve accounts are to be charged with property and liability losses which occur, and which could not have been reasonably anticipated and included in operating and maintenance expenses, and are not paid or reimbursed by commercial insurance. The commission will approve a self insurance plan to the extent it finds it to be in the public interest. In order to establish that the plan is in the public interest, the utility must present a cost benefit analysis performed by a qualified independent insurance consultant that demonstrates that, with consideration of all costs, self insurance is a lower cost alternative than commercial insurance and that the ratepayers will receive the benefits of the self insurance plan. The cost benefit analysis shall present a detailed analysis of the appropriate limits of self insurance, an analysis of the appropriate annual accruals to build a reserve account for self insurance, and the level at which further accruals should be decreased or terminated.(G) Postretirement benefits other than pensions (known in the utility industry as \"OPEB\"). For ratemaking purposes, expense associated postretirement benefits other than pensions (OPEB) shall be treated as follows:(i) OPEB expense shall be included in a utility's cost of service for ratemaking purposes based on actual payments made.(ii) A utility may request a one-time conversion to inclusion of current OPEB expense in cost of service for ratemaking purposes on an accrual basis in accordance with generally accepted accounting principles (GAAP). Rate recognition of OPEB expense on an accrual basis shall be made only in the context of a full rate case.(iii) A utility shall not be allowed to recover current OPEB expense on an accrual basis until GAAP requires that utility to report OPEB expense on an accrual basis.(iv) For ratemaking purposes, the transition obligation shall be amortized over 20 years.(v) OPEB amounts included in rates shall be placed in an irrevocable external trust fund dedicated to the payment of OPEB expenses. The trust shall be established no later than six months after the order establishing the OPEB expense amount included in rates. The utility shall make deposits to the fund no less frequently than annually. Deposits on the fund shall include, in addition to the amount included in rates, an amount equal to fund earnings that would have accrued if deposits had been made monthly. The funding requirement can be met with deposits made in advance of the recognition of the expense for ratemaking purposes. The utility shall, to the extent permitted by the Internal Revenue Code, establish a postretirement benefit plan that allows for current federal income tax deductions for contributions and allows earnings on the trust funds to accumulate tax free.(vi) When a utility terminates an OPEB trust fund established pursuant to clause (v) of this subparagraph, it shall notify the commission in writing. If excess assets remain after the OPEB trust fund is terminated and all trust related liabilities are satisfied, the utility shall file, for commission approval, a proposed plan for the distribution of the excess assets. The utility shall not distribute any excess assets until the commission approves the disbursement plan.(2) Expenses not allowed. The following expenses shall never be allowed as a component of cost of service:(A) legislative advocacy expenses, whether made directly or indirectly, including but not limited to legislative advocacy expenses included in professional or trade association dues;(B) funds expended in support of political candidates;(C) funds expended in support of any political movement;(D) funds expended in promotion of political or religious causes;(E) funds expended in support of or membership in social, recreational, fraternal, or religious clubs or organizations;(F) additional funds expended to mail any parcel or letter containing any of the items mentioned in subparagraphs (A)-(E) of this paragraph;(G) costs, including, but not limited to, interest expense, of processing a refund or credit of sums collected in excess of the rate finally ordered by the commission in a case where the utility has put bonded rates into effect, or when the utility has otherwise been ordered to make refunds;(H) any expenditure found by the commission to be unreasonable, unnecessary, or not in the public interest, including but not limited to executive salaries, advertising expenses, legal expenses, penalties and interest on overdue taxes, criminal penalties or fines, and civil penalties or fines.(d) Return on invested capital. The return on invested capital is the rate of return times invested capital.(1) Rate of return. The commission shall allow each utility a reasonable opportunity to earn a reasonable rate of return, which is expressed as a percentage of invested capital, and shall fix the rate of return in accordance with the following principles.(A) The return should be reasonably sufficient to assure confidence in the financial soundness of the utility and should be adequate, under efficient and economical management, to maintain and support its credit and enable it to raise the money necessary for the proper discharge of its public duties. A rate of return may be reasonable at one time and become too high or too low because of changes affecting opportunities for investment, the money market, and business conditions generally.(B) The commission shall consider the efforts and achievements of the utility in the conservation of resources, the quality of the utility's services, the efficiency of the utility's operations, and the quality of the utility's management, along with other applicable conditions and practices.(C) The commission may, in addition, consider inflation, deflation, the growth rate of the service area, and the need for the utility to attract new capital. The rate of return must be high enough to attract necessary capital but need not go beyond that. In each case, the commission shall consider the utility's cost of capital, which is the weighted average of the costs of the various classes of capital used by the utility.(i) Debt capital. The cost of debt capital is the actual cost of debt at the time of issuance, plus adjustments for premiums, discounts, and refunding and issuance costs.(ii) Equity capital. For companies with ownership expressed in terms of shares of stock, equity capital commonly consists of the following classes of stock.(I) Common stock capital. The cost of common stock capital shall be based upon a fair return on its market value.(II) Preferred stock capital. The cost of preferred stock capital is the actual cost of preferred stock at the time of issuance, plus an adjustment for premiums, discounts, and refunding and issuance costs.(2) Invested capital; rate base. The rate of return is applied to the rate base. The rate base, sometimes referred to as invested capital, includes as a major component the original cost of plant, property, and equipment, less accumulated depreciation, used and useful in rendering service to the public. Components to be included in determining the overall rate base are as set out in subparagraphs (A)-(F) of this paragraph.(A) Original cost, less accumulated depreciation, of utility plant used by and useful to the utility in providing service.(i) Original cost shall be the actual money cost, or the actual money value of any consideration paid other than money, of the property at the time it shall have been dedicated to public use, whether by the utility which is the present owner or by a predecessor.(ii) Reserve for depreciation is the accumulation of recognized allocations of original cost, representing recovery of initial investment, over the estimated useful life of the asset. Depreciation shall be computed on a straight line basis.(iii) Payments to affiliated interests shall not be allowed as a capital cost except as provided in PURA §53.058.(B) Working capital allowance to be composed of, but not limited to the following:(i) Reasonable inventories of materials and supplies held specifically for purposes of permitting efficient operation of the utility in providing normal utility service. This amount excludes inventories found by the commission to be unreasonable, excessive, or not in the public interest.(ii) Reasonable prepayments for operating expenses. Prepayments to affiliated interests shall be subject to the standards set forth in PURA §53.058.(iii) A reasonable allowance for cash working capital. The following shall apply in determining the amount to be included in invested capital for cash working capital:(I) Cash working capital for all DCTUs shall in no event be greater than one-twelfth of total annual operations and maintenance expense, excluding amounts charged to operations and maintenance expense for materials, supplies, and prepayments.(II) For telephone cooperatives, one-twelfth of operations and maintenance expense excluding amounts charged to operations and maintenance expense for materials, supplies, and prepayments will be considered a reasonable allowance for cash working capital.(III) Operations and maintenance expense does not include depreciation, other taxes, or federal income taxes, for purposes of subclauses (I), (II), (V), and (VI) of this clause.(IV) For all telephone DCTUs with 31,000 or more access lines, a reasonable allowance for cash working capital, including a request of zero, will be determined by the use of a lead-lag study. A lead- lag study will be performed in accordance with the following criteria:(-a-) The lead-lag study will use the cash method; all non-cash items, including but not limited to depreciation, amortization, deferred taxes, prepaid items, and return (including interest on long-term debt and dividends on preferred stock), will not be considered.(-b-) Any reasonable sampling method that is shown to be unbiased may be used in performing the lead-lag study.(-c-) The check clear date, or the invoice due date, whichever is later, will be used in calculating the lead-lag days used in the study. In those cases where multiple due dates and payment terms are offered by vendors, the invoice due date is the date corresponding to the terms accepted by the utility.(-d-) All funds received by the utility except electronic transfers shall be considered available for use no later than the business day following the receipt of the funds in any repository of the utility (e.g. lockbox, post office box, branch office). All funds received by electronic transfer will be considered available the day of receipt.(-e-) For utilities the balance of cash and working funds included in the working cash allowance calculation shall consist of the average daily bank balance of all non- interest bearing demand deposits and working cash funds.(-f-) The lead on federal income tax expense shall be calculated by measurement of the interval between the mid-point of the annual service period and the actual payment date of the utility.(-g-) If the cash working capital calculation results in a negative amount, the negative amount shall be included in rate base.(V) If cash working capital is required to be determined by the use of a lead-lag study under the previous subclause and either the utility does not file a lead lag study or the utility's lead-lag study is determined to be so flawed as to be unreliable, in the absence of persuasive evidence that suggests a different amount of cash working capital, an amount of cash working capital equal to negative one-twelfth of operations and maintenance expense will be presumed to be the reasonable level of cash working capital.(VI) For all investor-owned telephone DCTUs with fewer than 31,000 access lines, cash working capital shall be calculated by any method that the commission determines to be reasonable, subject to subclause (III) of this clause.(C) Deduction of certain items which include, but are not limited to, the following:(i) accumulated reserve for deferred federal income taxes;(ii) unamortized investment tax credit to the extent allowed by the Internal Revenue Code;(iii) contingency and/or property insurance reserves;(iv) contributions in aid of construction;(v) customer deposits and other sources of cost-free capital;(D) Construction work in progress. The inclusion of construction work in progress is an exceptional form of rate relief. Under ordinary circumstances the rate base shall consist only of those items which are used and useful in providing service to the public. Under exceptional circumstances, the commission will include construction work in progress in rate base to the extent that the utility has proven that:(i) the inclusion is necessary to the financial integrity of the utility; and(ii) major projects under construction have been efficiently and prudently planned and managed. However, construction work in progress shall not be allowed for any portion of a major project which the utility has failed to prove was efficiently and prudently planned and managed.(E) Self insurance reserve accounts. If a self insurance plan is approved by the commission, any shortages to the reserve account will be an increase to the rate base and any surpluses will be a decrease to the rate base. The utility shall maintain appropriate books and records to permit the commission to properly review all charges to the reserve account and determine whether the charges being booked to the reserve account are reasonable and correct.(F) Requirements for post test year adjustments.(i) Post test year adjustments for known and measurable rate base additions (increases) to historical test year data will be considered only as set out in subclauses (I)-(IV) of this clause.(I) Where the addition represents plant which would appropriately be recorded:(-a-) for telecommunications utilities in USOA account 2001; or(-b-) for telecommunications cooperatives, the equivalent of USOA account 2001.(II) Where each addition comprises at least 10% of the utility's requested rate base, exclusive of post test year adjustments and construction work in progress (CWIP).(III) Where the plant addition is deemed by this commission to be in-service before the rate year begins.(IV) Where the attendant impacts on all aspects of a utility's operations (including, but not limited to, revenue, expenses and invested capital) can with reasonable certainty be identified, quantified and matched. Attendant impacts are those that reasonably follow as a consequence of the post test year adjustment being proposed.(ii) Each post test year plant adjustment will be included in rate base at:(I) the reasonable test year-end CWIP balance, if the addition is constructed by the utility; or,(II) the reasonable price, if the addition represents a purchase, subject to original cost requirements, as specified in PURA §53.053.(iii) Post test year adjustments for known and measurable rate base decreases to historical test year data will be allowed only when subclause IV of clause (i) of this subparagraph and the criteria described in subclauses (I) and (II) of this clause are satisfied.(I) The decrease represents:(-a-) plant which was appropriately recorded in the accounts set forth in subclause (I) of clause (i) of this subparagraph;(-b-) plant held for future use;(-c-) CWIP (mirror CWIP is not considered CWIP); or(-d-) an attendant impact of another post test year adjustment.(II) Plant that has been removed from service, mothballed, sold, or removed from the utility's books prior to the rate year.", "sourceNote": "Source Note: The provisions of this §26.201 adopted to be effective March 1, 1999, 24 TexReg 1383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "62528", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.203", "label": "Rate Policies for Small Local Exchange Companies (SLECs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155918", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subsection applies to small local exchange carriers as defined in §26.5 of this title (relating to Definitions).(b) Notwithstanding §26.201(a)-(c) of this title (relating to Cost of Service) , a SLEC's future construction plans and operational changes may be considered in evaluating the overall reasonableness of the SLEC's current rates.(c) The commission may not initiate an inquiry under the Public Utility Regulatory Act (PURA) §53.151 into the overall reasonableness of the current rates of a SLEC more frequently than every three years from the date of a commission order setting reasonable rates under PURA §53.151 or §53.102.", "sourceNote": "Source Note: The provisions of this §26.203 adopted to be effective March 1, 1999, 24 TexReg 1383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155918", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.205", "label": "Rates for Intrastate Access Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "64911", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. Dominant certificated telecommunications utility (DCTU) rates for intrastate access services shall be established in accordance with the provisions of this section. Nothing in this section precludes a DCTU from offering new, experimental, promotional, or competitive services in accordance with other provisions of this part authorizing such offerings.(b) Access services. Each DCTU's tariff must include the recurring and nonrecurring charges for all access services offered by the DCTU. A DCTU may cross-reference its federal tariff in its state tariff if its intrastate switched access rates are the same as its interstate switched access rates. A DCTU is not required to include in its access tariff any access service that its network is technologically incapable of providing. A DCTU must include in its access tariff any access service which is provided on a special assembly basis if the service is provided to more than three customers or if the service is provided at more than three locations. DCTUs are prohibited from charging intrastate end user common line charges, intrastate subscriber line charges, or similar intrastate end user charges.(c) Access rates. The structure and rates for all DCTUs' intrastate switched access services shall be established in accordance with the following requirements.(1) Terminating common carrier line (CCL). Each DCTU's terminating CCL rate shall not exceed $.08 per premium terminating rated access minute of use.(2) Premium rates. The requirements of this paragraph apply to Southwestern Bell Telephone Company effective December 14, 1994 unless otherwise ordered by the commission. Premium access rates shall apply only to those switched access minutes that:(A) terminate via Feature Group B;(B) originate or terminate via Feature Group C;(C) originate from an equal access end office via any switched access feature group;(D) terminate to an equal access end office via any switched access feature group; or(E) originate from a non-equal access end office and are routed over Feature Group D tandem connections.(3) Local switching. There shall be one premium local switching rate element.(4) Local transport rate structure and pricing. Local transport rates shall not contain unreasonable distance sensitivity. Each DCTU shall comply with subparagraphs (A) - (I) of this paragraph, unless indicated otherwise.(A) Transport services. Each DCTU that is subject to this subparagraph shall offer transport services that consist of the following elements: entrance facilities, direct-trunked transport, tandem-switched transport, dedicated signaling transport, and a residual charge.(B) Entrance facilities.(i) All access customers that use the DCTU's facilities between the customer-designated point of demarcation and the serving wire center (SWC) shall be assessed a flat-rated entrance facilities charge based upon the service level ordered. Dominant certificated telecommunications utilities shall offer entrance facilities at voicegrade, DS1 and DS3 service levels.(ii) Rates for entrance facilities shall be set no lower than 105% of the long run incremental cost (LRIC) for each service level stated in clause (i) of this subparagraph.(iii) The DCTU may charge distance-sensitive rates for entrance facilities as enumerated in subparagraph (H) of this paragraph. Mileage shall be measured as airline mileage between the point of demarcation and the SWC.(C) Direct-trunked transport.(i) All access customers that use the DCTU's direct-trunked transport facilities shall be assessed a flat-rated direct-trunked transport charge based upon the service level ordered. Dominant certificated telecommunications utilities shall offer direct trunked transport at voice grade, DS1 and DS3 service levels.(ii) Rates for direct-trunked transport facilities shall be set no lower than 105% of the LRIC for each service level in clause (i) of this subparagraph. Additionally, these rates shall be set consistent with the requirement in subparagraph (G) of this paragraph.(iii) The DCTU may charge distance sensitive rates for direct-trunked transport, as enumerated in subparagraph (H) of this paragraph. Mileage shall be measured as airline mileage between the SWC and end office or between customer-designated points.(iv) Centralized equal access providers are not required to provide direct-trunked transport services. DCTUs that do not have measurement and billing capabilities at their end offices are not required to provide direct-trunked transport services at those end offices.(D) Tandem-switched transport.(i) All access customers that use the DCTU's tandem-switched transport facilities shall be assessed the following rates:(I) a per access minute tandem switching charge; and(II) a per access minute tandem-switched transmission charge.(ii) The rates for tandem-switched transport facilities shall be set no lower than 105% of the LRIC. Additionally, these rates shall be set consistent with the requirements in subparagraph (G) of this paragraph.(iii) The DCTU may charge distance-sensitive rates for tandem-switched transmission elements, as enumerated in subparagraph (H) of this paragraph. Mileage shall be measured as airline mileage between the SWC and the end office, unless the customer has ordered tandem-switched transport between the tandem office and the end office, in which case mileage shall be measured as airline mileage between the tandem office and the end office.(E) Dedicated Signaling Transport: Dedicated signaling transport shall be provided in accordance with the following requirements:(i) Dedicated signaling transport shall consist of two subelements, a signaling link charge and a signaling transfer point (STP) port termination charge.(ii) A flat-rated signaling link charge per unit of capacity shall be assessed upon all access customers that use facilities between the access customer's common channel signaling network and the DCTU's signaling transfer point or equivalent facilities. If the DCTU charges distance-sensitive rates for the signaling link, mileage shall be measured as airline mileage between the access customer's common channel signaling network and the DCTU's signaling transfer point.(iii) A flat-rated STP port termination charge per port shall be assessed upon all access customers that use dedicated signaling transport.(iv) Rates for dedicated signaling transport facilities shall be set no lower than 105% of the LRIC.(F) Residual charge. The DCTU shall assess only one residual charge for each local switching access minute of use sold to those customers interconnecting with the DCTU's switched access network by ordering from the DCTU's access tariff.(G) Transport rate differences. The rate differences between tandem-switched transport, DS1 direct-trunked transport and DS3 direct-trunked transport, shall be reasonable. The difference between the rate and 105% of the LRIC for DS1 direct-trunked transport shall not exceed 150% of the difference between the rate and 105% of the LRIC for DS3 direct-trunked transport, on an equivalent unit of capacity basis. The difference between the rate and 105% of the LRIC for DS0 direct-trunked transport shall not exceed 150% of the difference between the rate and 105% of the LRIC for DS3 direct-trunked transport, on an equivalent unit of capacity basis. The difference between the rate and 105% of the LRIC for tandem-switched transport shall not exceed 150% of the difference between the rate and 105% of the LRIC for DS3 direct-trunked transport, on an equivalent unit of capacity basis. To determine the rate and LRIC relationships between the transport options, the tandem switch LRIC must be included in the LRIC for the tandem-switched transport option.(H) Distance sensitive rates. If the DCTU employs distance-sensitive rates for entrance facilities, direct-trunked transport and/or tandem-switched transmission elements, they shall be assessed in the following manner:(i) a distance-sensitive component shall be charged for the use of the transmission facilities, including intermediate transmission circuit equipment between the end points of the transmission link; and(ii) a nondistance-sensitive component shall be charged for the use of the circuit equipment at the ends of the transmission link.(I) Tariff provisions.(i) Tariffs shall not contain resale or sharing restrictions for switched transport services.(ii) Initial tariffs filed in compliance with this section may be filed pursuant to §26.209 of this title (relating to New and Experimental Services). Initial tariff amendments shall not be permitted to become effective before expanded interconnection for switched transport services becomes available from the DCTU for those DCTUs subject to substantive rule §26.271 of this title (relating to Expanded Interconnection).(iii) DCTUs not subject to substantive rule §26.215 of this title (relating to Long Run Incremental Cost Methodology for Dominant Certificated Telecommunications Utility (DCTU) Services) may propose charges that are the same as the charges in effect for the carrier's interstate provision of the same service or adopt the switched transport rates of another DCTU that are developed pursuant to the requirements of this section.(iv) Within 120 days after the completion of LRIC cost studies required by substantive rule §26.215 of this title, any DCTU subject to that rule shall file tariff amendments in order to revise its local transport rates in conformity with this section based upon the new LRIC cost studies.(5) Lower rates. Nothing in this subsection prevents a DCTU from charging a lower rate for any rate element than the amount specified herein; however, no DCTU shall charge any rate for switched access that is not contained in its switched access tariff.(6) Rounding. The rates for all access services shall be assessed using conventional rounding of fractional units of applicable billing units, i.e., a fraction equal to or greater than 0.5 of one unit will be rounded up to the next higher whole unit, while fractions less than 0.5 of one unit will be rounded down to the next lower whole unit, except that local transport mileage may be rounded up to the next whole mile.(d) Administrative provisions. The intrastate access service tariff of all DCTUs must contain, at a minimum, the requirements stated in paragraph (1) - (3) of this subsection, relating to percent interstate usage (PIU).(1) Jurisdictional determination capability. If the DCTU possesses the network capability to determine the jurisdiction of an access service, a monthly PIU, based upon the actual jurisdictional determination of access services used by the access customer, must be calculated by the DCTU and applied to the monthly bill for each access customer.(2) No jurisdictional determination capability. If a DCTU's network facilities are incapable of making a determination of the jurisdiction of an access service, such DCTU shall establish guidelines in its access tariff that permit an access customer to self-report. PIUs may be self-reported by access customers to DCTUs if all of the requirements of subparagraphs (A) - (F) of this paragraph are met.(A) A DCTU must request and receive written representation from the self-reporting access customer that the access customer possesses a network technology or has established other reasonable methods which it can accurately determine the jurisdiction of each access service used by the access customer.(B) The DCTU must request and receive a written representation from the access customer that the access customer calculates self-reported PIUs based upon the actual jurisdiction of each access service used by the access customer.(C) The DCTU must request and receive from the access customer, at a minimum, an annual report supporting the self-reported PIUs.(D) The DCTU's intrastate access tariff must establish a monitoring procedure for the annual monitoring of all self-reported PIUs and an auditing procedure for timely auditing of questionable self-reported PIUs.(E) The DCTU's intrastate access service tariff must contain an adjustment procedure for the correction of up to 12 months of access service bills which were based upon an erroneous PIU as determined through a PIU audit.(F) The DCTU's intrastate access tariff must specify that the DCTU is responsible for verifying the accuracy of the PIU report and the access customer is responsible for the accuracy of self-reported PIUs.(3) Default PIU. If the DCTU's network facilities are incapable of determining call jurisdiction and the access customer fails to exercise its self-reporting option under paragraph (2) of this subsection, the DCTU must provide written notice to the access customer by certified mail that, if the customer fails to exercise one of its options within 30 days of receipt of such notice, a PIU will be established at 50%. Nothing in this paragraph prohibits the DCTU from auditing such access customer. If such an audit is conducted, the results of such audit will be used to determine that access customer's PIU.", "sourceNote": "Source Note: The provisions of this §26.205 adopted to be effective July 5, 1999, 24 TexReg 5010; amended to be effective April 4, 2012, 37 TexReg 2178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "64911", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.206", "label": "Depreciation Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215861", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. Dominant certificated telecommunications utilities (DCTUs) shall use depreciation rates approved by the commission to determine depreciation expense and provide for accumulated depreciation (also referred to as depreciation reserve). For purposes of this section, depreciation rates used prior to September 1, 1976, and those in effect on September 1, 1976, shall be deemed appropriate for use, unless subsequently modified by the commission.(b) Depreciation rate changes for telecommunications utilities subject to regulation of interstate depreciation rates by the Federal Communications Commission. Telecommunications utilities subject to interstate regulation by the Federal Communications Commission are also required to file for commission approval of intrastate depreciation rates. Filings should be made in the same format and on the same schedule as those required by the federal regulatory body, with the addition of proposed intrastate accrual changes calculated through use of jurisdictional separations procedures. The utility shall have the burden of proof to establish that requested intrastate depreciation rate changes are reasonable and in the public interest in proceedings before the commission.(c) Depreciation rate changes for other dominant carriers. Any DCTU, except as covered in subsection (b) of this section, requesting a change in depreciation rates must request commission approval and include in its request the information set out in paragraphs (1)-(3) of this subsection.(1) For each property account or subaccount for which a depreciation rate change is proposed:(A) the plant in service and the accumulated depreciation as of the requested effective date for the proposed depreciation rates;(B) the total of accruals, additions, retirements, gross salvage, and cost of removal for each of the preceding four years; and(C) detailed justification for the proposed changes.(2) The requested effective date of the changes. A request for an effective date that is earlier than January 1st of the year in which the request is filed must be fully justified in order to receive consideration.(3) The change in annual depreciation expense that would result from adoption of the proposed depreciation rates, expressed both as a dollar amount and as a percentage of current total depreciation expense.(d) Methods for figuring depreciation rates. On application by a utility, the commission shall fix depreciation rates that promote deployment of new technology and infrastructure. In setting depreciation rates, the commission shall consider depreciation practices of nonregulated telecommunications providers. Depreciation rates must be based on reasonable methods of depreciation; however, the commission reserves the right to specifically consider any and all appropriate methods of depreciation in each case.(e) Burden of proof. A DCTU shall have the burden of proof to show that depreciation or amortization expense is reasonable, necessary and in the public interest. The DCTU shall also be required to show that depreciation rate changes were timely requested in accordance with prudent management practices. The burden of proof shall not be satisfied solely by demonstrating that the depreciation rates or amortization periods used were approved. If the DCTU fails to meet this burden the commission may deny as a cost of service that depreciation or amortization expense.(f) Interim booking. Unless otherwise ordered by the commission, a DCTU may book depreciation and amortization expense on an interim basis based on proposed depreciation rates from the month of filing until interim or final action by the commission. Interim booking shall be adjusted upon final approval of depreciation rates and records must be maintained showing the interim booking and the adjustments, if any, that were made upon final approval of the rates.(g) Special amortization. Where all or a substantial portion of a property account or subaccount is retired earlier than anticipated and the reserve for that account is less than the amount to be retired less salvage, or in other instances when an amortization is appropriate, special amortization may be requested.(1) If the amortization period is two years or less, and the annual amount to be amortized is less than 2.0% of annual revenues, the DCTU shall advise the commission. The commission may review the appropriateness of such amortization during rate cases.(2) If the amortization period is more than two years, or the amount to be amortized is more than 2.0% of annual revenues, commission approval is required.(h) New depreciation rates. When a DCTU determines a need to establish a new depreciation rate for a new class of property, it may adopt a depreciation rate that has been approved by the commission for a similar DCTU for the same property class if similar depreciation parameters and methods are used to determine the rates. The DCTU must notify the commission that it has adopted such rates within 45 days of its adoption. The commission may review and modify such rates upon appropriate motion or in subsequent rate or depreciation proceedings.(i) Public Utility Regulatory Act (PURA), Chapter 58 companies. A company electing under PURA Chapter 58 may determine its own depreciation rates and amortizations, but shall notify the commission of any subsequent changes to the rates or amortizations. Such company shall notify the commission using the same format required by the Federal Communications Commission for depreciation and amortization filings.", "sourceNote": "Source Note: The provisions of this §26.206 adopted to be effective July 5, 1999, 24 TexReg 5010." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215861", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.207", "label": "Form and Filing of Tariffs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215862", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Unless the context clearly indicates otherwise, in this section the term \"utility\" or \"public utility\" refers to a dominant carrier.(b) Purpose. This section establishes standards for the form, filing and review of a dominant certificated telecommunications utility's (DCTU's) tariff.(c) Effective tariff. A utility is prohibited from directly or indirectly demanding, charging, or collecting any rate or charge, or imposing any classifications, practices, rules, or regulations different from those prescribed in its currently effective tariff filed with and approved by the commission.(d) Tariff required.(1) A public utility, or an affiliate of the public utility or a trade association on behalf of the public utility, must file with the commission a tariff showing each rate that is subject to the commission's jurisdiction and is in effect for a utility service, product, or commodity offered by the utility. A current or proposed tariff must:(A) include a cover letter that lists each rule that relates to or affects a rate of the utility, or a utility service, product, or commodity furnished by the utility;(B) be filed prior to or concurrently with an application for certification, including a certificate amendment, under §26.111 (relating to Certificate of Operating Authority (COA) and Service Provider Certificate of Operating Authority (SPCOA) Criteria); and(C) as applicable, comply with the requirements of this section and §26.208 of this title (relating to General Tariff Procedures), §26.209 of this title (relating to New and Experimental Services), or §26.211 of this title (relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges).(2) A public utility must also file each subsequent tariff revision with the commission. Each revision must be accompanied by a cover page which contains a list of pages being revised, a statement describing each change, the effect of the change if it revises an existing rate, and a statement describing the impact on rates of the change for each customer class, if any. If a proposed tariff revision constitutes an increase in existing rates of a particular customer class, then the commission may require that notice be given.(3) A telecommunications utility, upon the issuance of a commission order determining that the telecommunications utility is a dominant carrier, must file a tariff complying with the requirements of this subsection. Such a tariff must be filed within the time specified in the commission order, or within 60 days in the absence of such a specification.(e) Filing of public utility tariff by affiliate or trade association. An affiliate of a public utility or trade association may file a tariff or tariff revision under this section or other applicable law, on behalf of a public utility.(1) For each filing, the public utility must authorize the affiliate of the nondominant carrier or trade association, via written affidavit filed with the commission, to file such information on its behalf.(2) The authorization specified by paragraph (1) of this subsection may be included in the filing by the affiliate of the public utility or trade association.(3) The filing by affiliate of the public utility or trade association must comply with the requirements of this section and other applicable law.(f) Tariff filing requirements.(1) The front page of the tariff must include the name of the utility and location of its principal office and the type of service rendered.(2) Each rate schedule must clearly state the territory, city, county, or exchange where the rate schedule applies.(3) Tariff sheets must be numbered consecutively per schedule. Each sheet must show an effective date, a revision number, section number, sheet number, name of the utility, the name of the tariff, and title of the section in a consistent manner. Sheets issued under new numbers must be designated as original sheets. Sheets being revised must show the number of the revision, and the sheet numbers must be the same.(g) Composition of tariffs. A tariff must contain sections setting forth:(1) a table of contents;(2) a preliminary statement containing a brief description of the utility's operations;(3) a list of the cities, exchanges, and counties in which service is provided;(4) the rate schedules; and(5) the service rules and regulations, including forms of the service agreements.(h) Tariff filings in response to commission orders. A tariff filed in response to a commission order must include a transmittal letter affirming that the tariff is in compliance with the order, provide the control number, date of the order, a list of tariff sheets filed, and any other necessary information. The tariff sheets must comply with all other rules of this title and must include only the changes ordered. The effective date or wording of the tariffs must comply with the provisions of the order.(i) Symbols for changes. Each proposed tariff sheet must contain notations in the right-hand margin indicating each change made. Notations to be used are: (C) to denote a change in regulations; (D) to denote discontinued rates or regulations; (E) to denote the correction of an error made during a revision, such as the revision which resulted in the error must be one connected to some material contained in the tariff prior to the revision; (I) to denote a rate increase; (N) to denote a new rate or regulation; (R) to denote a rate reduction; and (T) to denote a change in text, but no change in rate or regulation. Each changed provision in the tariff must contain a vertical line in the right-hand margin of the page which clearly shows the exact number of lines being changed.(j) Availability of tariffs. Each utility must make available to the public electronically and at each of its business offices or designated sales offices within Texas, each tariff that is currently on file with the commission. The utility must assist persons seeking information on its tariffs and permit such persons the opportunity to examine any tariff upon request. The utility must also provide copies of each of its tariffs at a reasonable cost.", "sourceNote": "Source Note: The provisions of this §26.207 adopted to be effective June 22, 1999, 24 TexReg 4553; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215862", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.208", "label": "General Tariff Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215863", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section establishes the process for commission review of a dominant certificated telecommunications utility (DCTU) tariff and tariff amendments. A DCTU must meet the requirements of this section to file a new tariff or amend an existing tariff to which this section applies, including changes to a rate or service, the types of service provided, jurisdiction or service area, or for the withdrawal of a service. For purposes of this section, the term \"trade association\" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(1) This section applies to a DCTU and to an affiliate of a DCTU or a trade association that elects to file or amend a tariff on a DCTU's behalf, and to each tariff filed by those entities in accordance with §26.207 of this title (relating to Form and Filing of Tariffs) and the following provisions, as applicable:(A) section 26.209 of this title (relating to New and Experimental Services) or §26.210 of this title (relating to Promotional Rates for Local Exchange Company Services), if determined to be necessary by the presiding officer; or(B) section 26.211 of this title (relating to Rate Setting Flexibility for Services Subject to Significant Competitive Challenges).(2) This section does not apply to a person, or a tariff submitted by a person, to which §26.89 of this title (relating to Nondominant Carriers' Obligations Regarding Information on Rates and Services) or §26.171 of this title (relating to Small Incumbent Local Exchange Company Regulatory Flexibility) applies.(3) For purposes of this section, \"major rate change\" means an increase in rates that would increase the aggregate revenues of an applicant more than $100,000 or two and a half percent, whichever is greater. The term does not include an increase in rates approved by the commission, or otherwise ordered by the commission after hearings are held with public notice.(b) General tariff requirements.(1) DCTU tariff amendments involving a major rate change. For a tariff amendment involving a major rate change, an applicant must meet the following requirements prior to amending its tariff.(A) File an application with the commission at least 35 days before the effective date of the proposed change to the DCTU's tariff;(B) Provide notice to affected persons, including each municipality and customer affected by the change, in the manner prescribed by subsection (c) of this section, or as otherwise required by the presiding officer; and(C) If applicable, publish notice of the DCTU's intent to change rates in accordance with PURA §53.103, as provided under subsection (c)(1)(C)(i) and (ii) of this section. Notice under this subparagraph is waived if the rate change only involves a rate reduction.(2) Non-major rate changes and other DCTU tariff amendments. For a tariff amendment that does not involve a rate change under paragraph (1) of this subsection, a DCTU must meet the following requirements prior to amending its tariff:(A) File an application with the commission at least 35 days before the effective date of the proposed change to the DCTU's tariff; and(B) Provide notice to affected persons in the manner prescribed by subsection (c) of this section or as otherwise required by the presiding officer. An applicant may request a waiver to this requirement if the tariff amendments are of an administrative or clerical nature, or have minimal or no impact to the public, as determined by the presiding officer.(c) Public notice. An application must include plans to provide public notice of the tariff filing.(1) General requirements for public notice.(A) Prior to the issuance of notice, an applicant may request, or the presiding officer may require, the contents of the notice to be reviewed and approved by the presiding officer.(B) Notice must be written in plain language and must contain sufficient detail to provide each affected person, including each affected municipality, adequate notice of the filing.(C) Notice may be provided electronically unless otherwise required by the presiding officer or, if the application involves a major rate change, in accordance with PURA §53.103, which requires the applicant to:(i) publish, in a conspicuous form and place, notice to the public of the proposed change once each week for four successive weeks before the effective date of the proposed change in a newspaper having general circulation in each county containing territory affected by the proposed change; and(ii) mail notice of the proposed change to any other affected person as required by the commission's rules.(D) The presiding officer may require notice to be provided to the public in addition to that proposed by the DCTU.(2) Content of public notice. Public notice of the application must include at a minimum:(A) a description of each service or proposed service and each applicable rate;(B) the proposed effective date of the service or, if the service is promotional or experimental, the time period during which the promotional rates are proposed to be in effect;(C) each customer class likely to be affected if the application is approved;(D) the probable effect on the DCTU's revenues if the service is approved; and(E) the following language: \"Persons with questions or who want more information on this application may contact (DCTU name) at (DCTU address) or call (DCTU toll-free telephone number) during normal business hours. A complete copy of the application is available for inspection at the address listed above. The commission has assigned Control Number (provided by DCTU) to this application, located at (hyperlink to application). Persons who wish to formally participate in the commission's proceedings concerning this application, or who wish to express their comments concerning this application should contact the Public Utility Commission of Texas, Consumer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326, or call the Public Utility Commission's Office of Consumer Protection at (512) 936-7120 or, toll free, at (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at (800) 735-2989. Requests to participate in the proceedings and comments should reach the commission no later than (date, 20 days after the application was filed).\"(d) Proof of notice. An application must include a statement indicating the date public notice was completed in accordance with subsection (c) of this section and a copy of the issued notice.(e) Effective date of tariff amendment.(1) General standard.(A) The effective date of an applicant's tariff must be no earlier than 35 days after the date a sufficient application is approved by the presiding officer.(B) On the presiding officer's own motion or at the request of the applicant, an alternative effective date may be established unless a specific effective date is required under this section or other law.(2) Early effective date. Upon a showing of good cause by the applicant, the presiding officer may approve a sufficient application, other than an application involving a major rate change, to take effect prior to the 35-day period prescribed by paragraph (1) of this subsection.(A) The presiding officer may establish additional conditions, such as notice, that an applicant must meet prior to granting an early effective date. Any additional conditions prescribed by the presiding officer are subject to suspension of the effective date under paragraph (4) of this subsection.(B) Upon approval of an early effective date by the presiding officer, the applicant must immediately revise the tariff to include the change.(3) Recalculation of effective date upon cure of an insufficient application. Upon the filing of an application curing each deficiency specified by the presiding officer, any deadlines must be determined from the date the application is deemed sufficient or from the effective date if the presiding officer extends that date.(4) Suspension of effective date. For an application involving a rate change, the commission may suspend the effective date of the tariff change for 150 days after the requested effective date.(A) In the event that a hearing on the merits exceeds 15 working days, the suspended effective date is extended two calendar days for each working day the hearing exceeds 15 working days.(B) If the presiding officer does not make a final determination concerning the effective date of a rate change before the expiration of the suspension period, the effective date is automatically approved unless a hearing is already in progress.(f) Administrative review. An application filed in accordance with this section will be reviewed administratively.(1) Review of sufficiency.(A) The presiding officer will deem an application to be sufficient if it, at a minimum:(i) includes an effective date and, as applicable, meets the requirements of subsection (b)(1)(A) or (2)(A) of this section;(ii) meets the requirements of §26.207 of this title and the applicable provision specified by subsection (a)(1) of this section under which the application was filed;(iii) includes proof that notice of the application was provided in compliance with subsection (d) of this section; and(iv) if the application involves the withdrawal of a service, that the requirements of subsection (i) of this section have been met.(B) No later than 20 days after the date an application is filed:(i) an interested person, including the Office of Public Utility Counsel (OPUC), may file written comments or recommendations concerning the sufficiency of the application; and(ii) commission staff must file a recommendation regarding the sufficiency of the application.(C) If the presiding officer concludes that the application is insufficient, the presiding officer will notify the applicant of the insufficiency in the relevant portions of the application and cite the particular requirement with which the application does not comply. The presiding officer will grant the applicant an opportunity to cure each specific deficiency within a specified time period, and change the effective date in accordance with subsection (e)(3) of this section.(2) Substantive review of application. The presiding officer must approve or deny an application not later than 60 days after a complete application is filed. An application is complete if the presiding officer has deemed that the application is sufficient under paragraph (1) of this subsection.(A) The presiding officer will substantively review the application to determine whether the application fulfills the requirements of this subparagraph and other applicable law. To approve an application, the presiding officer must, at a minimum, determine that:(i) the proposed rates and terms of the service are not unreasonably preferential, prejudicial, or discriminatory, subsidized directly or indirectly by regulated monopoly services, or predatory or anticompetitive; and(ii) provision of the service is consistent with the public interest in a technologically advanced telecommunications system, the preservation of universal service, and the prevention of anticompetitive practices and of subsidization of new and experimental services with revenues from regulated monopoly services.(B) Commission staff must file a recommendation regarding whether the application meets the substantive requirements of this paragraph. Commission staff's recommendation on whether an application meets the substantive requirements for administrative approval may be provided with its recommendation on the sufficiency of the application in accordance with paragraph (1) of this subsection, or in a subsequent filing.(C) While the application is under substantive review by the presiding officer, commission staff and OPUC may submit requests for information to the applicant.(i) Notwithstanding the requirements of §22.144 of this title (relating to Requests for Information and Requests for Admission of Facts), the applicant must file the requested information with the commission within 15 days after receipt of such a request for information.(ii) If an applicant does not respond to a request for information within the time period specified by clause (i) of this subparagraph, the presiding officer will reject the application without prejudice and notify the applicant of the rejection.(iii) If the presiding officer does not approve or deny the application within 30 days from the date the requested information is filed with the commission, the application is automatically approved.(3) Automatic approval. A complete application is automatically approved 60 days from the date it is filed if:(A) the presiding officer does not approve or deny the complete application; and(B) commission staff or the presiding officer do not request supplemental information from the applicant.(4) Docketing prohibited. An application, except for an application involving a rate increase as provided by subsection (h) of this section, cannot be docketed.(g) Approval or denial of applications. For an application to be approved, the applicant must meet the requirements of the applicable provisions of this section and other applicable law, unless such requirements are modified or waived by the presiding officer. If, based on the administrative review, the presiding officer determines that:(1) all requirements not waived have been met, the application will be approved in the manner specified by the presiding officer.(2) one or more of the requirements not waived have not been met, the presiding officer will:(A) dismiss the application without prejudice; or(B) docket the application in accordance with subsection (h) of this section if the application involves a rate change, except for a rate change covered by §26.171 of this title.(h) Docketing and of an application involving a rate change. The presiding officer may docket an application involving a rate change, except for a rate change covered by §26.171 of this title, in accordance with this section.(1) If an application is docketed, the presiding officer may suspend the effective date of a rate change in the manner provided by subsection (e)(4) of this section via order.(1) A copy of all answers to requests for information issued after docketing must be filed with the commission within 15 days after receipt of the request.(2) An affected person may move to intervene in the docket, and a hearing on the merits will be scheduled.(3) The application will be processed in accordance with the commission's rules applicable to docketed proceedings.(i) Withdrawal of a service. When an applicant seeks to withdraw a tariffed service, the application must be filed in accordance with this subsection. An applicant must provide the following in its application before withdrawing a service.(1) The control number for the project where the tariff was filed, including a hyperlink to the project;(2) Proof of notice by the applicant, as required by subsection (d), or as otherwise required by the presiding officer.(3) The number of current customers in each exchange, by customer class;(4) The reason for withdrawing the service;(5) Provisions for grandfathering each current customer or for competitive alternatives available within the exchange locations, including each alternative provided by the DCTU;(6) Annual revenues for the last three years for the service; and(7) If the service has no current customers, the applicant must provide an affidavit to this effect.", "sourceNote": "Source Note: The provisions of this §26.208 adopted to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215863", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.209", "label": "New and Experimental Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215864", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to dominant certificated telecommunications utilities (DCTUs), as that term is defined by §26.5 of this title (relating to Definitions).(1) The services to which this section applies are those that are a subset of a service for which the utility is dominant.(2) A DCTU may alternatively seek approval for an application for a new or experimental service in accordance with §26.208 of this title (relating to General Tariff Procedures), however the presiding officer may require any application for a new or experimental service to also comply with the requirements of this section.(3) If an application for a new or experimental service is reviewed under this section, each rate established for such a service must comply with the requirements of §26.208 of this title.(b) Purpose. The procedures in this section establish the process by which a DCTU obtains approval to offer new and experimental services.(c) Filings requesting approval of new and experimental services. A DCTU may request approval of a new or experimental service by following the procedures outlined in this section. Not later than 35 days prior to the proposed effective date of the new or experimental service, the DCTU must file with the commission an application containing the following information:(1) a statement of intent by the DCTU to use the procedures established in this section;(2) a description of the proposed service and the rates, terms and conditions under which the service is proposed to be offered;(3) the proposed effective date of the service;(4) a statement detailing the type of notice, the utility has provided or intends to provide to the public regarding the application and a brief statement explaining why the DCTU's notice proposal is reasonable and in compliance with §26.208 of this title;(5) a copy of the notice, if any;(6) detailed documentation showing that the proposed service is priced above the long run incremental cost of such service. The commission will allow an incumbent local exchange carrier (LEC) that is not a Tier 1 LEC as of September 1, 1995, at that company's option, to adopt the cost studies approved by the commission for a Tier 1 LEC. The application must also include projections of revenues, demand, and expenses demonstrating that in the second year after the service is first offered, the proposed rates will generate sufficient annual revenues to recover the annual long run incremental costs of providing the service, as well as a contribution for joint or common costs. Capital costs related to providing the service must be separately identified in these projections. The application must also include all workpapers and supporting documentation relating to computations or assumptions contained in the application.(7) If the application concerns a service which will not initially be offered system-wide, the application must separately explain for each exchange in which the service will not be offered why the DCTU's facilities in that exchange do not have the technical capability to handle the service.(8) The application must also include:(A) an implementation plan which must specify the DCTU's plans for making the service available in such exchanges within a reasonable time after receipt by the LEC of a bona fide request for the service.(B) what requirements must be met for a request for service to be considered bona fide. This requirement does not apply to experimental services, but the DCTU must specify the exchanges in which it proposes to offer the experimental service.(9) If the application concerns an experimental service for which a range of rates is proposed, the application must state the range of rates requested and show in detail how the upper and lower rates in that range relate to the long run incremental cost of the service.(10) Any other information which the DCTU wants considered in connection with the commission's review of its application.(d) Modifications and waivers of requirements.(1) In its application a DCTU may request:(A) the modification or waiver of requirements set forth in this section concerning system-wide rates;(B) system-wide provision of service;(C) the one-year maximum period for offering an experimental service; the one-year, cost-related prove-in period;(D) or long run incremental cost support.(2) Subsequent to the introduction of an experimental service, a DCTU may also apply for modification of the period initially approved for offering the service, provided that:(A) An experimental service will not be approved for more than two years;(B) A prove-in period will not be extended beyond two years and;(C) As an alternative to providing incremental cost information, the DCTU must provide other cost support demonstrating that the proposed rates for the service will recover its costs plus a contribution within the required period.(3) A waiver of the incremental cost standard must only be granted if the presiding officer determines that such a standard imposes an unreasonable burden on a DCTU which has inadequate resources to produce the required cost information to meet that standard and if the presiding officer determines that an appropriate alternative cost standard is available.(4) Any request for modification or waiver of these requirements must include a complete statement of the DCTU's arguments supporting that request. The presiding officer will rule on the waiver request within 15 days of the filing of the request.(e) Requirements for proposed new and experimental services. Unless waived or modified by the presiding officer as provided under subsection (d) of this section, the following requirements must apply to any new service approved under this section:(1) Such new service must be offered at the same price throughout the DCTU's system.(2) The service must also be offered in every exchange served by the DCTU, except exchanges in which the DCTU's facilities do not have the technical capability to handle the service.(3) The rates for a new service must be designed to generate sufficient annual revenues to recover the annual long run incremental cost of the service, including a contribution for joint or common costs, in the second year after it is first offered. Requirements related to system-wide pricing and system-wide provision of service do not apply to a proposed experimental service.(4) An experimental service approved under this section may be flexibly priced provided that the minimum rate in the range of rates must be above the long run incremental cost of providing the service. The DCTU may make a change in rates within an approved range of rates upon such notice to customers and the commission as the presiding officer may require. In addition, before discontinuing provision of an experimental service, the DCTU must give such notice of the discontinuation as the presiding officer may require.(f) Reporting requirements.(1) If a new service is approved, the DCTU must file with the commission:(A) tracking reports showing the actual revenues;(B) demand and related expenses for the service;(C) its progress on the implementation plan, if any such plan was approved by the commission;(D) and such other information as may be required by the presiding officer or requested by the commission staff.(2) Reports filed under this section must be filed as specified by this paragraph, unless otherwise excepted by paragraph (3) of this subsection.(A) The initial report is due nine months after the service is first offered and must contain information for at least the first six months the service was offered.(B) The second such report must be filed 12 months after the service is first offered and must contain information for at least the first nine months the service was offered.(C) The third such report must be filed no later than 15 months after the service is first offered and must contain information for at least the first 12 months the service was offered.(3) Such reporting requirements are waived for experimental services of one year's duration or less, but the DCTU must retain in its record such information related to revenues, demand and expenses and must submit such information with any subsequent request to make a formerly experimental service a permanent new service.(g) Subsequent review of the service. Except as prohibited by Chapters 58 or 59 of the Public Utility Regulatory Act, if a new or experimental service is approved, commission staff or any affected person may file with the commission a petition seeking modification of the rates or terms under which the service is offered or withdrawal of the service.(h) Provisions for SLECs. Notwithstanding §26.208 of this title and subsections (c), (d), and (e) of this section, the provisions of this subsection apply to a small local exchange company (SLEC) as defined in §26.5 of this title (relating to Definitions). If the presiding officer determines that the SLEC is seeking to adopt as its rates for its new or experimental services the rates for the same or substantially similar services offered by an ILEC:(1) the SLEC's proposed rates and terms of the service will be deemed not to be unreasonably preferential, prejudicial, or discriminatory, subsidized directly or indirectly by regulated monopoly services, or predatory or anticompetitive; and(2) a waiver of the incremental cost standard will be granted.", "sourceNote": "Source Note: The provisions of this §26.209 adopted to be effective June 22, 1999, 24 TexReg 4553; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215864", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.210", "label": "Promotional Rates for Local Exchange Company Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to dominant certificated telecommunications utilities (DCTUs) as that term is defined by §26.5 of this title (relating to Definitions) which are subject to the ratemaking jurisdiction of the commission for any service or market. (1) A DCTU may alternatively seek approval for an application for a promotional rate in accordance with §26.208 of this title (relating to General Tariff Procedures), however the presiding officer may require any application for a promotional rate to also comply with the requirements of this section.(2) If an application for a promotional rate is reviewed under this section, each promotional rate must comply with the requirements of §26.208 of this title.(b) Purpose. The procedures outlined in this section are intended to establish a process by which DCTUs may obtain authorization for offering promotional rates for the purpose of increasing long term demand for a service or utilizing unused capacity of the DCTU's network.(c) Filings requesting approval of promotional rates. After the effective date of this section, a DCTU may request approval of promotional rates for a service by following the procedures outlined in this section. Not later than 35 days prior to the proposed effective date of the promotional rate, the DCTU must file with the commission an application containing the following information:(1) a statement of intent by the DCTU to use the procedures established in this section;(2) a description of the specific proposed or tariffed service for which promotional rates are proposed and a description of the temporary rates for such service proposed by the DCTU;(3) if the promotional rates are proposed to be offered on less than a system-wide basis as provided in subsection (d) of this section, a description of the locations for which the promotional rates are proposed:(4) the starting date and ending date of the period over which the promotional rates are proposed to be offered;(5) a description of all time periods during the five years preceding the filing of this application for which promotional rates were offered for the service as authorized under this section;(6) a statement detailing the type of notice, if any, the DCTU has provided or intends to provide to the public regarding the application and a brief statement explaining why the DCTU's notice proposal is reasonable and in compliance with §26.208 of this title;(7) a copy of the notice;(8) detailed documentation showing the long run incremental cost of the service for which promotional rates are requested, including projections of revenues, demand and expenses of the service for the period during which the promotional rates are proposed to be offered. The commission will allow an incumbent local exchange company (LEC) that is not a Tier 1 LEC as of September 1, 1995, at that company's option, to adopt the cost studies approved by the commission for a Tier 1 LEC. The application must include projections of the effect of the promotional rate on the service's revenues and cost and its impact on the service's contribution during the promotional period and over the remaining life of the service. The application must also include all workpapers and supporting documentation relating to computations or assumptions contained in the application; and(9) any other information which the DCTU wants considered in connection with the commission's review of its application.(d) Modification and waivers of requirements. In its application a DCTU may request the waiver of the long run incremental cost requirements set forth in this section. Such a waiver will only be granted if the presiding officer determines that the long run incremental cost standard imposes an unreasonable burden on a DCTU which has inadequate resources to produce the required cost information to meet the standard and if the presiding officer determines that an appropriate alternative cost standard is available. If the long run incremental cost standard is waived, the DCTU must provide other cost information showing the relationship between its proposed promotional rates and the costs of providing the service. A DCTU may also request a waiver of the requirement that promotional rates be offered in every exchange when such rates are proposed to be offered for a tariffed service which is being expanded into central offices which previously did not provide the service. Any request for waiver of the long run incremental cost information requirement or the system-wide application of the promotional rates requirement must include a complete statement of the DCTU' arguments supporting that request.(e) Notice of intent to file. At least ten days before any application under this section may be filed by a DCTU, the DCTU must file a statement of intent to file such an application and the expected filing date. Such notice must also include a statement of the DCTU's intent to use the expedited procedures of this section, a description of the service, and a description of the proposed promotional rates and the proposed promotional period. The commission must then publish notice of the DCTU's intent to file such application in the Texas Register. (f) Requirements for promotional rates. Unless waived or modified by the presiding officer as provided in subsection (d) of this section, the following requirements must apply to promotional rates approved under this section:(1) the promotional rates must be offered in every exchange in which the service is offered throughout the DCTU's system;(2) promotional rates for any particular service in any specific exchange must not be offered for more than six months during any five-year period, and no customer must be charged promotional rates for more than three consecutive months;(3) promotional rates must be offered only to new customers of a service or to new and existing customers, provided that, for existing customers, the promotional rates must only apply to additional units of service ordered during the promotional rate period; and(4) the promotional rate must be designed to generate sufficient revenue to recover the long run incremental cost of providing the service (or, if the long run incremental cost standard is waived, such other costs as are approved by the commission) within one year of introduction of the promotional rate. If the proposed promotional rate is for the reduction or elimination of an installation charge or service connection charge, the revenue and costs related to provision of the entire service must be used in determining whether the cost standard for the service is met. If the proposed promotional rate is for a service whose tariffed rate does not recover the costs of providing the service, a promotional rate may be approved if the DCTU can demonstrate that the promotional rate will move the service closer to full cost recovery. However, no promotional rate must be approved for a service whose tariffed rate does not recover the cost of the service if such service has been found to be subject to significant competition under §26.211 of this title (related to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges) or if the service is enumerated in the Public Utility Regulatory Act §52.057. The commission may approve a promotional rate even if it does not provide a contribution to joint and common costs.(g) Notification to the public of services to be offered at promotional rates. If promotional rates for a service are approved under this section, all advertising related to such service and its promotional rates must clearly describe the temporary nature of the rate, the date on which the promotional rate will expire, and the rate which will apply after expiration of the promotional rate. The DCTU must provide the same information to all customers requesting rate information for such service or ordering the service during the period the promotional rates are in effect.(h) Reporting requirements. If promotional rates are approved, the DCTU must file with the commission a report showing the actual revenues, demand and related expenses and investment for the service over each period promotional rates are in effect. This report must be filed with the commission within three months after each authorized period for offering promotional rates has expired. (i) Treatment of revenues and expenses related to promotional rates in subsequent rate cases. In any subsequent rate case in which a service was offered at promotional rates during the test year, the revenues attributed to such service must be adjusted upward to reflect the revenues which would have been collected if all customers who were charged the promotional rate had been charged the permanent tariffed rate over the promotional period. (j) Subsequent review of the promotional rates. If promotional rates for a service are approved under the procedures set forth in this section, the commission's Office of Regulatory Affairs, the Office of Public Utility Counsel, or any affected person may file with the commission a petition seeking modification of the rates or terms under which the promotional rate is offered or withdrawal of the promotional rate. If multiple promotional rate periods are approved for a service under the provisions of this section and if the reports filed in accordance with subsection (h) of this section indicate that the rates for the service did not recover the costs of the service as required in subsection (f) of this section, the commission must initiate an inquiry into the reasonableness of such promotional rates and must suspend those rates pending the completion of the inquiry. (k) Provisions for SLECs. Notwithstanding §26.208 of this title and subsections (c), (d), and (f) of this section, the provisions of this subsection apply to a small local exchange company (SLEC) as defined in §26.5 of this title (relating to Definitions). If the presiding officer determines that the SLEC is seeking to adopt as its promotional rates for its services the rates for the same or similar services offered by an incumbent local exchange carrier:(1) the SLEC's proposed rates and terms of the service will be deemed not to be unreasonably preferential, prejudicial, or discriminatory, subsidized directly or indirectly by regulated monopoly services, or predatory or anticompetitive; and(2) a waiver of the incremental cost standard will be granted.", "sourceNote": "Source Note: The provisions of this §26.210 adopted to be effective June 22, 1999, 24 TexReg 4553; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215865", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.211", "label": "Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. The provisions of this section apply to an incumbent local exchange company (ILEC). This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under PURA §52.154.(b) Purpose. The purpose of this section is to establish procedures for pricing flexibility for services subject to competition and a process for commission review of pricing flexibility applications.(c) Pricing flexibility.(1) Eligible services. An ILEC may request the types of pricing flexibility established by this subsection.(A) Banded rates. If an ILEC is granted the authority to charge banded rates, the minimum rates must yield revenues that are equal to or greater than 105% of the long run incremental cost of the service in the geographic market in which the service will be provided.(i) When an ILEC is granted the authority to charge banded rates, the ILEC must file a tariff showing the minimum and maximum rates and specifying its current rate. The current rate specified in the ILEC's tariff must be applied uniformly to all customers of the service in each exchange for which the commission has approved banded rates.(ii) If the ILEC desires to charge a rate different from its current rate, but between the minimum and maximum rates, it must file a revised tariff on or before the effective date of the rate change.(iii) The minimum and maximum rates may only be changed as provided for in the Public Utility Regulatory Act, Chapter 53, Subchapters C and D, or G.(B) Detariffing. If an ILEC is granted the authority to detariff a service, the ILEC must maintain at the commission a current price list for the service, and the commission must retain authority to regulate the quality, terms and conditions of the detariffed service, other than rates. The commission may determine the appropriate ratemaking treatment of any revenues from or costs of providing a detariffed service in a proceeding under the Public Utility Regulatory Act, Chapter 53, Subchapters C and D, or G.(C) Other types of pricing flexibility. If an ILEC is granted the authority to engage in a type of pricing flexibility that the commission finds to be in the public interest other than those specified in subparagraphs (A) - (B) of this paragraph, that pricing flexibility must be offered under such terms and conditions as the commission orders.(2) Other services. ILECs have the authority to enter into customer-specific contracts for those services specified in subsection (d) of this section. For those services, ILECs may apply for pricing flexibility for the services specified in paragraph (1) of this subsection, other than customer-specific contracts. For other services, ILECs may apply to the commission in accordance with this subsection to obtain any type of pricing flexibility specified in paragraph (1) of this subsection. Nothing in this subsection permits an ILEC to:(A) obtain pricing flexibility for basic local telecommunications service, including local measured service, or for any service that includes as a component a service not subject to significant competitive challenge; or(B) enter into customer-specific contracts or to obtain detariffing with respect to message telecommunications services, switched access services, or wide area telecommunications service.(3) Requirements for application. An application for pricing flexibility filed under this paragraph must:(A) include a statement of the ILEC's intention to use the procedures established in this subsection;(B) specify the type of pricing flexibility requested and, if the type of pricing flexibility requested is either banded rates or some other type of pricing flexibility in accordance with paragraph (1)(C) of this subsection that involves rate-setting;(i) state the proposed rates, and if the type of pricing flexibility is banded rates, state the maximum and minimum rates;(ii) include detailed documentation demonstrating that the minimum rates yield revenues that are equal to or greater than 105% of the long run incremental cost of the service in the geographic market in which the service will be provided;(iii) demonstrate that the rates are not unreasonably preferential, prejudicial or discriminatory;(iv) demonstrate that the rates are such that the service identified in accordance with to subparagraph (C) of this paragraph will not be subsidized directly or indirectly by regulated monopoly services; and(v) demonstrate that the rates are not predatory or anticompetitive;(C) identify the service for which the ILEC is requesting pricing flexibility, including each component of the service, and provide functional and technical descriptions of the service, including:(i) the functions that the service is intended to perform for the customer;(ii) the types of equipment used to provide the service (including, but not limited to, transmission facilities, switching facilities, customer equipment, software functions, and protocol);(iii) the network configurations used to provide the service; and(iv) schematics;(D) identify each service that is not subject to significant competitive challenge but that, at the time the ILEC files its application for pricing flexibility, the ILEC intends to provide as a tariffed adjunct to the service identified in subparagraph (C) of this paragraph and, for each such service, provide:(i) functional and technical descriptions; and(ii) citations to the tariff provisions under which each such service will be provided;(E) designate each exchange as to which the ILEC is seeking pricing flexibility;(F) include a map or maps of each exchange designated in accordance with subparagraph (E) of this paragraph that can be coordinated with the official commission boundary maps;(G) describe the products or services known to the ILEC that are currently available in each exchange designated in accordance with subparagraph (E) of this paragraph, and that are the same, equivalent, or substitutable for the service identified in accordance with subparagraph (C) of this paragraph, and identify the providers of those products or services;(H) with respect to the products or services described in accordance with subparagraph (G) of this paragraph, discuss:(i) the number and size of telecommunications utilities or other persons providing such products or services;(ii) the extent to which such products or services are available;(iii) the ability of customers to obtain such products or services at rates, terms, and conditions comparable to those that the ILEC will offer;(iv) the ability of telecommunications utilities or other persons to make such products or services readily available at rates, terms, and conditions comparable to those that the ILEC will offer; and(v) the existence of any significant barrier to the entry or exit of a provider of such products or services;(I) demonstrate that the level of competition with respect to all components of the ILEC's service identified in accordance with subparagraph (C) of this paragraph represents a significant competitive challenge within each exchange designated in accordance with subparagraph (E) of this paragraph that warrants the pricing flexibility specified in accordance with subparagraph (B) of this paragraph;(J) demonstrate that the service identified in accordance with subparagraph (C) of this paragraph is not basic local telecommunications service, including local measured service;(K) if the type of pricing flexibility requested in accordance with subparagraph (B) of this paragraph is customer-specific pricing or detariffing, demonstrate that the service identified in accordance with subparagraph (C) of this paragraph is not message telecommunications service, switched access service, or wide area telecommunications service;(L) to prevent the subsidization of the service identified in accordance with subparagraph (C) of this paragraph with revenues from regulated monopoly services, propose mechanisms to recover costs that may not be identified and recovered in a long run incremental cost study, including but not limited to costs associated with advertising, unsuccessful bids, and all items of plant used in the provision of the service;(M) identify and address the impact that approval of the application for pricing flexibility may have on universal service;(N) for any type of pricing flexibility other than detariffing, include proposed tariffs and identify any tariff language that restricts the resale, sharing, or joint use of the service identified in accordance with subparagraph (C) of this paragraph and any component of the service and demonstrate why such restrictive tariff language is consistent with the policy established in the Public Utility Regulatory Act §52.001; and(O) include any other information that the ILEC wants considered in connection with the review of its application.(4) Tier 1 LECs. The commission will allow an incumbent LEC that is not a Tier 1 LEC as of September 1, 1995, at that company's option, to adopt the cost studies approved by the commission for a Tier 1 LEC.(5) Notice filing. An ILEC may, in accordance with §26.227 of this title (relating to Procedures Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic Services for Chapter 58 Electing Companies.), submit an informational notice filing to introduce a service or exercise pricing flexibility to which this section applies. An informational notice filing must also comply with §26.228 of this title (relating to Requirements Applicable to Pricing Flexibility for Chapter 58 Electing Companies) or §26.229 of this title (relating to Requirements Applicable to Chapter 52 Companies) as applicable.(6) Review of competition outside exchange. For ILECs with less than 31,000 access lines, the presiding officer will not be limited under paragraph (7)(D)(i) - (x) of this subsection to considering only competition within each exchange where the ILEC will provide the service. In accordance with paragraph (3)(O) of this subsection, an ILEC with less than 31,000 access lines may provide information that addresses the criteria of paragraph (3)(G) - (I) of this subsection with respect to products or services available outside each exchange designated in paragraph (3)(E) of this subsection.(7) Application requirements. An application for pricing flexibility will be approved if, after commission review the commission determines that:(A) no service for which pricing flexibility is sought is basic local telecommunications service, including local measured service;(B) no service for which the ILEC requests detariffing of rates is message telecommunications service, switched access service, or wide area telecommunications service;(C) no service for which pricing flexibility is sought includes a component that is not subject to significant competitive challenge;(D) the grant of pricing flexibility for the service identified in accordance with paragraph (3)(C) of this subsection within each designated in accordance with paragraph (3)(E) of this subsection is appropriate to allow the ILEC to respond to a significant competitive challenge, based upon consideration of the following:(i) the number and size of telecommunications utilities or other persons providing the same, equivalent, or substitutable service within each exchange designated in accordance with paragraph (3)(E) of this subsection;(ii) the extent to which the same, equivalent, or substitutable service is available within each exchange designated in accordance with paragraph (3)(E) of this subsection;(iii) the ability of customers to obtain the same, equivalent, or substitutable services at comparable rates, terms, and conditions within each exchange designated in accordance with paragraph (3)(E) of this subsection;(iv) the ability of telecommunications utilities or other persons to make the same, equivalent, or substitutable service readily available at comparable rates, terms, and conditions within each exchange designated in accordance with paragraph (3)(E) of this subsection;(v) the existence of any significant barrier to the entry or exit of a provider of the same, equivalent or substitutable services within each designated in accordance with paragraph (3)(E) of this subsection;(vi) whether there are mechanisms to minimize potential anti-competitive practices, to the extent that any such practice has been identified in the record;(vii) whether there are mechanisms to prevent the subsidization of the service with revenues from regulated monopoly services;(viii) whether the ability of the ILEC to flexibly price the service within each designated exchange would have any significant impact on universal service;(ix) whether the type of pricing flexibility requested is appropriate in light of the level and nature of competition within each exchange where the ILEC will provide the service; and(x) any other relevant information contained in the record;(E) the rates, if the type of pricing flexibility granted is either banded rates or some other type of pricing flexibility in accordance with paragraph (1)(C) of this subsection that involves rate-setting, are just and reasonable and:(i) yield revenues that are equal to or greater than 105% of the long run incremental cost of the service in the geographic market in which the service will be provided;(ii) are not unreasonably preferential, prejudicial or discriminatory;(iii) are such that the service will not be subsidized directly or indirectly by regulated monopoly services; and(iv) are not predatory or anticompetitive.(8) Alternative relief. Nothing in this subsection prevents the presiding officer from approving relief other than that requested in the application.(d) Customer-specific contracts. An ILEC may enter into customer-specific contracts for:(1) central office based PBX-type services for systems of 200 stations or more, as those services compete with customer premises equipment provided by PBX vendors;(2) billing and collection services;(3) high-speed private line services of 1.544 megabits or greater;(4) customized services that are unique because of size or configuration, provided that such customized services do not include basic local telecommunications service, including local measured service, or message telecommunications services, switched access services, or wide area telecommunications service; and(5) any other service for which the commission has authorized the ILEC to enter into customer- specific contracts in accordance with this section.(e) Subsequent review. The commission may modify, or revoke, upon notice and hearing, the authorization of any type or types of pricing flexibility granted in accordance with this section.", "sourceNote": "Source Note: The provisions of this §26.211 adopted to be effective June 22, 1999, 24 TexReg 4553; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215866", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.214", "label": "Long Run Incremental Cost (LRIC) Methodology for Services provided by Certain Incumbent Local Exchange Companies (ILECs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to ILECs with annual revenues from regulated telecommunications operations in Texas of less than $100 million for five consecutive years. (b) Purpose. This section will be used to determine the long run incremental costs incurred by ILECs in the provision of telecommunications services in those instances in which the ILEC chooses to establish LRIC studies. (c) LRIC studies. An ILEC may establish a service's LRIC by submitting a LRIC cost study that conforms to the following general requirements:(1) A LRIC study must identify the ILEC's investment in all facilities that reflect forward looking least cost technology, as set forth in §26.215(f)(3) of this title (relating to Long Run Incremental Cost Methodology for Dominant Certificated Telecommunications Utility (DCTU) Services), used in the provision of the service.(2) A LRIC study must apply appropriate loading and fill factors associated with the service.(3) A LRIC study must apply appropriate annual cost factors, including but not limited to depreciation and cost of money, associated with the service.(4) A LRIC study must identify non-capital costs associated with the service, including but not limited to maintenance, billing and collection, and marketing costs.(d) Procedures for review of LRIC studies filed under subsection (c) of this section. A LRIC study considered under this section will be reviewed administratively to determine whether the ILECs LRIC study is consistent with the requirements of this section.(1) Notice. At least ten days before an ILEC files any LRIC study in accordance with this section, the ILEC must file with the commission and the Office of Public Utility Counsel (OPUC) a notice of its intent to file such LRIC study and the expected filing date. The ILEC's notice must indicate that the filing is being made in accordance with this section. The commission will then publish notice of the ILEC's intent to file the LRIC study in the Texas Register. (2) Sufficiency. The LRIC study will be examined for sufficiency. To be sufficient, the LRIC study must conform to the requirements of this section.(A) Except as required under subparagraph (B) of this paragraph, if commission staff concludes that material deficiencies exist in the LRIC study, the ILEC must be notified by commission staff of the specific deficiency within three working days after the filing date of the LRIC study. The ILEC will have two working days after the date it is notified of the deficiency to file a corrected LRIC study. On or before five working days after the date of the ILEC response, the presiding officer will issue an order with regard to the sufficiency. (B) If the LRIC study filed for approval in accordance with this section is also filed simultaneously as part of an informational notice filing and a contested case arises as a result of the dispute regarding sufficiency of the LRIC study filed as part of the informational notice filing, the review of the LRIC study in accordance with this section will be abated pending the resolution of the contested case.(3) Time schedule.(A) No later than 45 days after the filing date of the sufficient LRIC study, any party that demonstrates a justiciable interest may file with the presiding officer written comments or recommendations concerning the LRIC study.(B) No later than 55 days after the filing date of the sufficient LRIC study, OPUC may file with the presiding officer written comments or recommendations concerning the LRIC study.(C) No later than 65 days after the filing date of the sufficient LRIC study, commission staff must file with the presiding officer written comments or recommendations concerning the LRIC study.(D) No later than 75 days after the filing date of the sufficient LRIC study, any party that demonstrates justiciable interest, OPUC, or the ILEC may file with the presiding officer a written response to the commission staff's recommendation.(E) No later than 85 days after the filing date of the sufficient LRIC study, the presiding officer will issue a notice stating whether the ILEC's LRIC study is consistent with the requirements of this section. In this notice, the presiding officer may either approve the LRIC study or order the ILEC to refile the LRIC study incorporating all modifications recommended by the presiding officer.(F) Any party may appeal to the commission an administrative notice by a presiding officer within seven days after the date the notice is issued. The commission will rule on any appeal added to an open meeting agenda, within 30 days after the date the appeal is filed. If the commission or a presiding officer orders a cost study to be changed, the ILEC will be ordered to make those changes within a period that is commensurate with the complexity of the LRIC study.(G) Requests for information. While the LRIC study is being administratively reviewed, the commission staff, OPUC, and any party that demonstrates a justiciable interest may submit requests for information to the ILEC. Answers to such requests for information must be provided within ten days after receipt of the request by the ILEC to commission staff, OPUC, and any party that demonstrates a justiciable interest.(H) Suspension. At any point within the first 45 days of the review process, the presiding officer, the commission staff, OPUC, the ILEC, or any party that demonstrates a justiciable interest may request that the review process be suspended for 30 days. The presiding officer may grant a request for suspension only upon determination that the party has demonstrated a good cause exists for the suspension.(I) Effective date of the LRIC study. The effective date of the LRIC study is the date it is approved by the presiding officer.", "sourceNote": "Source Note: The provisions of this §26.214 adopted to be effective October 23, 2000, 25 TexReg 10529; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.215", "label": "Long Run Incremental Cost Methodology for Dominant Certificated Telecommunications Utility (DCTU) Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8459", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section must apply to DCTUs with annual revenues from regulated telecommunications operations in Texas of $100 million or more for five consecutive years. An incumbent local exchange carrier that is not a Tier 1 local exchange company as of September 1, 1995, at that company's option, may adopt the cost studies approved by the commission for a Tier 1 local exchange company.(b) Purpose. This section must be used to determine the long run incremental costs incurred by DCTUs in the provision of telecommunications services. The costs determined in this section must not be used to determine a company's revenue requirement during a proceeding under Public Utility Regulatory Act, Chapter 53, Subchapters C and D or E.(c) Definitions. The following words and terms when used in this section must have the following meaning unless the context clearly indicates otherwise.(1) Ancillary services--The category of basic network functions (BNFs) (as defined in paragraph (2) of this subsection) that provide for certain activities that either support or otherwise are adjuncts to other BNFs or finished services. This category of BNFs consists of three subcategories of BNFs: Billing and Collection; Measurement; and Operator Services.(A) Billing and collection--The subcategory of BNFs that provide for the function of compiling the information needed for customer billing, preparing the customer bill statement, disbursing the bill and collecting the customer payments.(B) Measurement--The subcategory of BNFs that provide the functions of assembling, collating and transmitting end office switch recorded call data (occurrence and duration).(C) Operator services--The subcategory of BNFs that provide for the provision of a number of live or mechanized assistance functions to aid customers in the following ways: obtaining customer telephone number, street address and ZIP code information (directory assistance); providing new telephone numbers or explanatory information to callers who dial numbers which have been changed or disconnected (intercepts); providing assistance to customers in completing operator handled toll or local calls (collect, credit card, third party, station-to-station or person-to-person); checking busy lines to make sure the line is not out of service (busy line verification); and interrupting busy lines (busy line interruption). These operator services are provided to end user customers as well as local exchange and interexchange carriers.(2) Basic network function (BNF)--A discrete network function, which is useful either as a stand-alone function or in combination with other functions, for which costs can be identified.(3) Capital costs--The recurring costs that result from expenditures for plant facilities that are capitalized. The annual capital costs consist of depreciation, cost of money, and income taxes.(4) Categories of BNFs--All BNFs must fall into one of four categories of BNFs. The categories are: network access (as defined in paragraph (13) of this subsection); switching and switch functions (as defined in paragraph (16) of this subsection); dedicated and switched transport (as defined in paragraph (10) of this subsection); and ancillary services (as defined in paragraph (1) of this subsection).(5) Common costs--Costs that are not directly attributable to individual cost objects. For the purposes of this section there are three types of common costs: general overhead costs; costs common to BNFs; and costs common to services.(A) General overhead costs--Costs incurred in operating and managing the company that are not directly attributable to BNFs or services.(B) Costs common to BNFs--Costs incurred in the provision of BNFs that can not be directly attributed to any one BNF individually but only to a category or subcategory of BNFs collectively.(C) Costs common to services--Costs incurred in the provision of two or more services that do not vary with changes in the relative proportions of the outputs of those services. Common costs are not directly attributable to any one service individually but only to a group of services collectively. In the event a BNF is used in the provision of two or more services then the volume insensitive cost of the BNF is a cost common to the services that use the BNF. However, if the technological requirements for the provision of one service alter the least cost technology choice for common BNFs or common facilities, then the increase in costs caused by the requirements for more advanced technologies is not a common cost but a cost directly attributable to the service that alters the least cost technology choice.(6) Cost causation principle--The principle that only those costs that are caused by an activity (such as a network function, service, or group of services) in the long run are directly attributable to that activity. Costs are caused by an activity, in the long run, if the costs are brought into existence as a direct result of the activity.(7) Cost driver--A specific condition, under which a BNF is provided, whose change causes significant and systematic changes in the cost of providing a BNF. For example, if the cost of providing a network access channel varies with the density and size of a wire center, then density and size are cost drivers for that BNF.(8) Cost of debt--The rate of interest paid on borrowed money.(9) Cost of money--The weighted annual cost to the DCTU of the debt and equity capital invested in the company.(10) Dedicated and switched transport--The category of BNFs that provide for dedicated or shared transmission transport between two or more DCTU switching offices or wire centers. This BNF category consists of two subcategories of BNFs: Dedicated Transport and Switched Transport.(A) Dedicated transport--The subcategory of BNFs that provide for full period, bandwidth specific (e.g., DS-0, DS-1, DS-3) interoffice transmission paths between the originating and terminating points of channel connection.(B) Switched transport --The subcategory of BNFs that provide for shared interoffice transmission paths between originating and terminating points of switching.(11) Group of services--A number of separately tariffed services that share significant common costs (as defined in paragraph (5) of this subsection) that are necessary and unique to the provision of those services and are not directly attributable to any one service individually. This term also refers to a situation in which two or more groups of services are part of a larger group of services because of significant common costs that are necessary and unique to the provision of all the services in the group but are not directly attributable to any one group or service individually.(12) Measure of unit cost--The measure of usage used to calculate unit cost for a particular BNF (for example, a minute of use of a switching function, or a quarter mile of a DS-1 network access channel). The measure of unit costs may be multidimensional; for example, it may have both time and distance components. The measure of unit cost chosen for a BNF must correspond to the basis upon which the costs of that BNF are incurred.(13) Network access--The category of BNFs that accommodate access to other network functions provided by DCTUs. Access is accomplished by transmission paths between customers and DCTU wire centers. This category consists of three subcategories of BNFs: network access channel; network access channel connection; and channel performance and other features and functions.(A) Network access (NA) channel--The subcategory of BNFs that provide the transmission path between the point of interface at the customer location and the main distribution frame, or equivalent (e.g., DSX-1, DSX-3), of a DCTU wire center.(B) Network access (NA) channel connection--The subcategory of BNFs that provide the interface between the network access channel and the DCTU wire center switching equipment, subsequent dedicated transport equipment (dedicated interoffice circuits), or subsequent channel equipment (dedicated intraoffice circuits).(C) Channel performance and other features and functions--The subcategory of BNFs that provide the channel functions associated with transmission or service type (e.g., analog, digital, coin, ISDN), bandwidth conversion, signaling, multiplexing, amplification, and channel performance.(14) Significant--For the purposes of this section, the qualifying term significant is used to refer to instances in which costs or changes affect total study results by at least five percent. This general guideline for when costs or changes are significant may be relaxed by considering the cumulative effect of either including or excluding costs or changes from a study.(15) Subcategories of BNFs--Groupings of closely related BNFs in a category of BNFs.(16) Switching and switch functions--The category of BNFs that provide for switched access between two or more network access channels or between network access channels and other BNFs, such as interoffice transport. This function is accomplished through the establishment of a temporary transmission path between network access channels in the same switching office; between a network access channel and the interoffice facilities that interconnect switching offices; or between a network access channel and other BNFs. This BNF category must cover the first point of switching for a customer. This BNF category consists of three subcategories of BNFs: interoffice switching; intraoffice switching; and switching features.(A) Interoffice switching--The subcategory of BNFs that provide for: switching between network access channels and switched transport facilities which are connected to different wire centers; and switching between network access channels and switched transport facilities when a tandem switch is used as the first point of interface to the DCTU switched network (e.g., connection of facilities from an interexchange carrier's point of network interface).(B) Intraoffice switching--The subcategory of BNFs that provide for switching between two or more network access channels within the same wire center.(d) General principles.(1) Underlying the construction and application of this section is the recognition that the DCTU network consists of a finite number of BNFs that, when bundled in various combinations, can be used to deliver and market a vast variety of telecommunications services. Therefore, the determination of the cost of a service and the costs of a group of services under this section must involve the identification and costing of BNFs.(2) The LRIC studies that the DCTU is required to file under this section must assume that the company is operating in the long run and employs least cost technologies, as those terms are defined in subsection (c) of this section.(3) In order to obtain accurate LRIC study results, the DCTU must avoid the use of embedded cost data; expense items and capital costs must reflect long run incremental costs and the DCTU must justify any instance in which embedded cost data are used. Further, the fact that the costs determined under this section may differ from the company's embedded costs as determined during proceedings under the Public Utility Regulatory Act, Chapter 53, Subchapters C and D or E, should in no way cause the company to attribute any of this cost discrepancy to LRIC studies for BNFs, services, or groups of services.(4) When a BNF is used in the provision of two or more services then the volume insensitive cost of the BNF is a cost common to the services (as defined in subsection (c)(5)(C) of this section) that use the BNF.(5) When services share significant common costs (as defined in subsection (c)(5)(C) of this section), none of the common costs must be included in the LRIC studies for the services individually; instead, the company must identify which services share the common costs and attribute the cost recovery responsibility of these costs to the group of services collectively. Specifically, the individual LRIC studies for residential and business basic local exchange service, as these services are tariffed on the effective date of this section, must exclude any volume insensitive costs associated with the use of the network access channel basic level (as defined in subsection (e)(1)(A) of this section) and network access channel connection basic level (as defined in subsection (e)(2)(A) of this section).(6) When two or more groups of services share common costs, none of the common costs must be included in the LRIC studies for groups individually; instead, the company must identify which groups share the common costs and assign the common cost recovery responsibility of these costs to these groups collectively.(7) Nothing in this section is intended to either endorse or reject the DCTU's current rate and tariff structures.(e) Identification of basic network functions. The DCTU must identify for each subcategory of BNFs the relevant and separately identifiable BNFs. The determination of the appropriate degree of aggregation of network components, functions, or activities into separately identifiable BNFs must be consistent with the principles described in subsection (d) of this section. Furthermore, in choosing BNFs, the DCTU must seek to minimize the number of network components, functions, or activities that are not included in BNFs. In addition to BNFs the company identifies under this subsection, the company must identify for each subcategory of BNFs the following prescribed BNFs:(1) Required BNFs for subcategory network access (NA) channel:(A) NA channel basic level: A transmission path which provides less than 1.544 MBPS digital capability. This includes 300 to 3,000 Hz analog voice service.(B) NA channel DS-1 level: A transmission path which has 1.544 MBPS digital capability.(C) NA channel DS-3 level: A transmission path which has 45 MBPS digital capability.(2) Required BNFs for subcategory NA Channel Connection:(A) NA channel connection basic level: An interface for channels which provide less than 1.544 MBPS digital capability. This includes the interface for 300 - 3,000 Hz analog voice service which is the basic interface for most voice grade services such as: basic local residential and local business service, PBX trunks, centrex-type access lines and voice grade dedicated transport service. In addition, this category includes the interface for four frequency bandwidths provided for audio channels such as: 200 to 3,500 Hz, 100 to 5,000 Hz, 50 to 8,000 Hz and 50 to 15,000 Hz. Also included in this BNF are the interfaces for low speed data transmission at speeds of 2.4, 4.8, 9.6, 56 KBPS and all other speeds below the T-1 rate of 1.544 MBPS. This interface is for narrowband service.(B) NA channel connection DS-1 level: An interface for 1.544 MBPS digital transmission channels. This interface connects high capacity wideband transmission channels which operate in a full duplex, time division (digital) multiplexing mode.(C) NA channel connection DS-3 level: An interface for 45 MBPS digital transmission channels. This interface connects broadband transmission channels which operate in full duplex, time division (digital) multiplexing mode.(3) Required BNFs for subcategory Channel Performance and Other Features and Functions:(A) Standard signaling and transmission level capabilities. Signaling and transmission level capabilities suitable for a wide variety of network services and applications associated with the BNF NA channel basic level, as defined in paragraph (1)(A) of this subsection. (B) Nonstandard signaling and transmission level capabilities and other features. Signaling and transmission level capabilities and other features and functions, other than those defined in subparagraph (A) of this paragraph, such as high voltage protection, multiplexing, and bridging. The company is encouraged to disaggregate this BNF into smaller BNFs that capture the variety of features and functions available to customers.(4) Required BNFs for subcategory interoffice switching: interoffice switching. The type of switching that provides for: switching between network access channels and switched transport facilities which are connected to different wire centers; and switching between network access channels and switched transport facilities when a tandem switch is used as the first point of interface to the switched network (e.g., connection of facilities from an interexchange carrier's point of network interface).(5) Required BNFs for subcategory intraoffice switching: intraoffice switching. Switching between two or more network access channels served from the same wire center.(6) Required BNFs for subcategory switching features:(A) Hunting arrangements. An optional function available to customers with multiple local exchange access lines in service.(B) Custom calling features. Various optional features which provide added calling convenience.(C) Central office automatic call distribution. The provision of call distribution as an integrated function of certain electronic central offices equipped to provide this capability. This function permits an equal distribution of a large volume of incoming calls to predesignated groups of answering positions, referred to as agent positions.(D) Central office based PBX-type functions. A business communications system furnished from stored program control central offices that provides the equivalent of customer premises PBX services through the use of central office hardware and software as well as through network access facilities from the central office to the customer premises. Included in this BNF must be only hardware specific to this type of service, processor or memory usage involved in special features for this type of service, and any software or software right to use fees associated with this type of service. This BNF should exclude any network functions that are already identified as other BNFs.(7) Required BNFs for subcategory dedicated transport:(A) Dedicated transport termination. An interface which provides for the transmission conversions (e.g., multiplexing) required between channel connection and dedicated transport facilities.(B) Dedicated transport facility. The full period, bandwidth specific (e.g., DS-0, DS-1, and DS-3), interoffice transmission paths established between two points of dedicated transport termination.(8) Required BNFs for subcategory switched transport:(A) Switched transport termination. An interface which provides for the transmission conversion (e.g., multiplexing) required between the switching function and switched transport facilities.(B) Switched transport facility. The temporary interoffice transmission paths established between two points of switched transport termination.(C) Switched transport tandem switching. The intermediate points of switching used as an economic surrogate to direct routing of interoffice facilities in the provision of switched transport.(9) Required BNFs for subcategory billing and collection: billing and collection. The function of compiling the information needed for customer billing, preparing the customer bill statement, disbursing the bill and collecting the customer payments (this includes any collection activities required for late payment or non-payment of billing amount due).(10) Required BNFs for subcategory measurement: measurement. The function of assembling, collating and transmitting end office switch recorded call data (occurrence and duration).(11) Required BNFs for subcategory operator services: operator services. The role of providing a number of live or mechanized assistance functions to aid customers in the following ways: obtaining customer telephone number, street address and ZIP code information (directory assistance); providing new telephone numbers or explanatory information to callers who dial numbers which have been changed or disconnected (intercepts); providing assistance to customers in completing operator handled toll or local calls (collect, credit card, third party, station-to-station or person-to-person); checking busy lines to make sure the line is not out of service (busy line verification); and interrupting busy lines (busy line interruption). These operator services are provided to end user customers as well as local exchange and interexchange carriers.(f) LRIC studies for individual BNFs. The DCTU must perform a LRIC study for each of the BNFs identified under subsection (e) of this section. The company must perform the LRIC studies consistent with the principles described in subsection (d) of this section. Additionally, the company must use the following instructions in determining the LRIC for individual BNFs.(1) Relevant increment of output. For the purposes of this subsection, the relevant increment of output, as that term is used in the definition of LRIC in §26.5 of this title (relating to Definitions), must be the level of output necessary to satisfy total current demand levels for all services using the BNF in question. Adjustments to total service output may be made to reflect the presence of new services for which demand levels can demonstrably be anticipated to increase significantly over the course of six months.(2) Relating expenses to BNFs. The company must avoid the use of embedded cost data and must determine expenses consistent with the principles of long run incremental costing.(A) Common expenses. Common expenses that are not directly attributable, using the cost causation principle, to the BNF must be excluded.(B) Nonrecurring expenses. The expenses of nonrecurring activities must be separately identified.(C) Taxes. Any tax expenses not directly attributable, using the cost causation principle, must be excluded from the LRIC study for individual BNFs. Specifically, taxes associated with the provision of services that use more than one BNF must not be included in the BNF LRICs.(3) Least cost technology. LRIC studies must assume the use of least cost technology. The choice of least cost technologies, however, must:(A) be restricted to technologies that are currently available on the market and for which vendor prices can be obtained;(B) be consistent with the level of output necessary to satisfy current demand levels for all services using the BNF in question; and(C) be consistent with overall network design and topology requirements.(4) Network topology. LRIC studies must use the existing or planned network topology.(5) Cost of money. When the company uses the most recent commission approved rate of return for the company, determined either in a rate proceeding as described in §26.201(d)(1) of this title (relating to Cost of Service) or a commission arbitration proceeding, there will be a rebuttable presumption of its reasonableness. The company may use any other forward-looking rate, but must justify its use. The DCTU is not required to update its filing only to reflect the most recently approved cost of money.(6) Rate of depreciation. When the company uses the most recent commission approved rate of depreciation for the company there will be a presumption of reasonableness. The company must justify the use of any other rate.(7) Measure of unit cost. LRIC studies must identify the appropriate measure of unit cost for a BNF (e.g., minutes of use, access line). The measure of unit cost chosen for a BNF must correspond to the basis upon which the costs of the BNF are incurred. The measure of unit cost may be multidimensional; for example, it may have both time and distance components. In identifying the appropriate measure of unit cost, the company must ignore the current rate structure for tariffed services using the BNF.(8) Determination of unit cost. Using the measure of unit cost identified under paragraph (7) of this subsection, the company must calculate unit cost for the BNF based on the assumption of full capacity utilization of the BNF, which should allow for any spare capacity due to lumpy investments or technical requirements, such as spare capacity needed for testing. The unit cost must be calculated based on the volume sensitive costs of the BNF and exclude all costs that are volume insensitive (as those terms are defined in §26.5 of this title).(9) Determination of volume insensitive costs. The company must calculate the volume insensitive costs (as defined in §26.5 of this title) for the BNF.(10) Cost drivers. LRIC studies must identify and account for all relevant cost drivers. LRIC studies for certain BNFs must at a minimum account for the cost drivers specified below.(A) Cost drivers for NA channel basic level, NA channel DS-1 level, and NA channel DS-3 level. The LRICs for these BNFs must systematically account for variations in costs caused by variations in:(i) the density of a wire center;(ii) the size of a wire center; and(iii) the distance.(B) Cost drivers for NA connection basic level, NA connection DS-1 level, and NA connection DS-3 level. The LRICs for these BNFs must systematically account for variations in costs caused by variations in:(i) the density of a wire center; and(ii) the size of a wire center.(C) Cost drivers for intraoffice switching and interoffice switching. The LRICs for these BNFs must systematically account for variations in costs caused by variations in:(i) the density of a wire center;(ii) the size of a wire center; and(iii) the time of day.(D) Cost drivers for dedicated transport facilities and termination. The LRICs for these BNFs must systematically account for variations in costs caused by variations in:(i) the size of a wire center; and(ii) the distance.(E) Cost drivers for switched transport facilities, termination and tandem switching. The LRICs for these BNFs must systematically account for variations in costs caused by variations in:(i) the size of a wire center;(ii) the distance; and(iii) time of day.(F) Cost drivers for measurement. The LRIC for this BNF must systematically account for variations in costs caused by variations in:(i) the density of a wire center;(ii) the size of a wire center;(iii) the time of day; and(iv) the duration of a call.(G) Cost drivers for operator services. The LRIC for this BNF must systematically account for variations in costs caused by variations in the type of operator services calls.(g) LRIC studies for tariffed services. The DCTU must perform a LRIC study for each tariffed service, except those services for which a waiver has been granted under the workplan approved by the commission. Each LRIC study for a tariffed service must be calculated as the sum of the costs caused by that service's use of BNFs and any other service specific costs associated with functions not identified as separate BNFs, such as expenses of billing, service specific advertising and marketing, and service specific taxes. Each LRIC study for a tariffed service must be consistent with the principles described in subsection (d) of this section. Additionally, the company must use the following instructions in determining the LRIC for individual tariffed services:(1) Mapping of BNFs and costs to tariffed services. The LRIC study must identify the BNFs that are used in the provision of the tariffed service; the long run incremental costs for the tariffed service must include the costs associated with this usage. The costs associated with the service's use of a BNF must be calculated as the product of the unit cost for the BNF (as determined under subsection (f)(8) of this section) and the demand of the service for that BNF.(2) Identification of other costs. The LRIC study for an individual tariffed service must include all service specific costs (e.g., expenses of billing, marketing, customer service or service specific taxes) related to the provision of the service that are not included in the costs for the BNFs.(3) Exclusion of common costs. The LRIC study for an individual tariffed service must exclude any costs that are common costs (as defined in subsection (c)(5) of this section). Specifically, the individual LRIC studies for residential and business basic local exchange service, as these services are tariffed on the effective date of this section, must exclude any volume insensitive costs associated with the use of the network access channel basic level (as defined in subsection (e)(1)(A) of this section) and network access channel connection basic level (as defined in subsection (e)(2)(A) of this section).(4) Relevant increment of output. For the purposes of this subsection, the relevant increment of output, as that term is used in the definition of LRIC in §26.5 of this title (relating to Definitions), must be the level of output necessary to satisfy current demand levels for the service. Adjustments to total service output may be made to reflect the presence of new services for which demand levels can demonstrably be anticipated to increase significantly over the course of six months.(5) Relating expenses to services. The company must avoid the use of embedded cost data and must determine expenses consistent with the principles of long run incremental costing.(A) Common expenses. Common expenses that are not directly attributable, using the cost causation principle, to the service must be excluded.(B) Nonrecurring expenses. The expenses of nonrecurring activities must be separately identified.(C) Taxes. Any tax expenses not directly attributable, using the cost causation principle, must be excluded from the LRIC study for individual services.(6) Least cost technology. LRIC studies must assume the use of least cost technology. The choice of least cost technologies, however, must:(A) be restricted to technologies that are currently available on the market and for which vendor prices can be obtained;(B) be consistent with the level of output necessary to satisfy current demand levels for all services using the BNF in question; and(C) be consistent with overall network design and topology requirements.(7) Network topology. LRIC studies must use the existing or planned network topology.(8) Cost of money. When the company uses the most recent commission approved rate of return for the company, determined either in a rate proceeding as described in §26.201(d)(1) of this title (relating to Cost of Service) or a commission arbitration proceeding, there will be a rebuttable presumption of its reasonableness. The company may use any other forward-looking rate, but must justify its use. The DCTU is not required to update its filing only to reflect the most recently approved cost of money.(9) Rate of depreciation. When the company uses the most recent commission approved rate of depreciation for the company there will be a presumption of reasonableness. The company must justify the use of any other rate.(h) Identification of BNFs and groups of services that share significant common costs and calculation of such common costs. The company must identify all instances in which BNFs and groups of services share significant common costs and calculate such common costs.(1) Costs common to BNFs. The company must identify and calculate for each subcategory of BNFs and category of BNFs significant costs that are common to BNFs (as defined in subsection (c)(5)(B) of this section). Costs common to BNFs must only be identified and calculated at the level of subcategories of BNFs and/or categories of BNFs.(2) Costs common to groups of services. The company must identify and calculate all significant common costs and the groups of services that share those common costs (as defined in subsection (c)(5)(C) of this section). The calculation of common costs required under paragraphs (1) - (2) of this subsection must be consistent with the principles described in subsection (d) of this section and the instructions listed below.(3) Relevant increment of output. When common costs are computed for BNFs or services, the relevant increment of output, as that term is used in the definition of LRIC in §26.5 of this title (relating to Definitions), must be the level of output necessary to satisfy current demand levels for the BNFs or the services. Adjustments to total service output may be made to reflect the presence of new services for which demand levels can demonstrably be anticipated to increase significantly over the course of six months.(4) Expenses. The company must avoid the use of embedded cost data and must determine expenses consistent with the principles of long run incremental costing.(A) Nonrecurring expenses. The expenses of nonrecurring activities must be separately identified.(B) Taxes. Any tax expenses not directly attributable, using the cost causation principle, must be excluded from the cost studies for common costs.(5) Least cost technology. The studies must assume the use of least cost technology. The choice of least cost technologies, however, must:(A) be restricted to technologies that are currently available on the market and for which vendor prices can be obtained;(B) be consistent with the level of output necessary to satisfy current demand levels for the BNFs or services in question; and(C) be consistent with overall network design and topology requirements.(6) Network topology. Cost studies must use the existing or planned network topology.(7) Cost of money. When the company uses the most recent commission approved rate of return for the company, determined either in a rate proceeding as described in §26.201(d)(1) of this title (relating to Cost of Service) or a commission arbitration proceeding, there will be a rebuttable presumption of its reasonableness. The company may use any other forward-looking rate, but must justify its use. The DCTU is not required to update its filing only to reflect the most recently approved cost of money.(8) Rate of depreciation. When the company uses the most recent commission approved rate of depreciation for the company there will be a presumption of reasonableness. The company must justify the use of any other rate.(i) LRIC studies for groups of tariffed services that share significant common costs. The DCTU must perform a LRIC study for each group of services identified under subsection (h)(2) of this section. Each group LRIC must be calculated as the sum of the LRICs (as determined under subsection (g) of this section) for the services in the group and the common costs for those services (as identified under subsection (h)(2) of this section). Each LRIC study must be consistent with the principles described in subsection (d) of this section. Additionally, the company must use the following instructions in determining the LRIC for groups of services.(1) Relevant increment of output. When the LRIC is computed for a group of services, the relevant increment of output, as that term is used in the definition of LRIC in §26.5 of this title (relating to Definitions), must be the level of output necessary to satisfy current demand levels for the services in the group. Adjustments to total service output may be made to reflect the presence of new services for which demand levels can demonstrably be anticipated to increase significantly over the course of six months.(2) Relating expenses to groups of services. The company must avoid the use of embedded cost data and must determine expenses consistent with the principles of long run incremental costing.(A) Common expenses. Common expenses that are not directly attributable, using the cost causation principle, to the group of services must be excluded.(B) Nonrecurring expenses. The expenses of nonrecurring activities must be separately identified.(C) Taxes. Any tax expenses not directly attributable, using the cost causation principle, must be excluded from the LRIC study for the group of services.(3) Least cost technology. LRIC studies must assume the use of least cost technology. The choice of least cost technologies, however, must:(A) be restricted to technologies that are currently available on the market and for which vendor prices can be obtained;(B) be consistent with the level of output necessary to satisfy current demand levels for all services using the BNF in question; and(C) be consistent with overall network design and topology requirements.(4) Network topology. LRIC studies must use the existing or planned network topology.(5) Cost of money. When the company uses the most recent commission approved rate of return for the company, determined either in a rate proceeding as described in §26.201(d)(1) of this title (relating to Cost of Service) or a commission arbitration proceeding, there will be a rebuttable presumption of its reasonableness. The company may use any other forward-looking rate, but must justify its use. The DCTU is not required to update its filing only to reflect the most recently approved cost of money.(6) Rate of depreciation. When the company uses the most recent commission approved rate of depreciation for the company there will be a presumption of reasonableness. The company must justify the use of any other rate.(j) Requirements for subsequent filings of LRIC studies. The LRIC studies required by this subsection must be consistent with the principles, instructions and requirements set forth in this section and the workplan approved by the commission and must be reviewed in accordance with the procedures established in subsection (k) of this section.(1) Updated studies. A DCTU may be required to update the filings required by this section, other than the workplan, for those studies where significant changes have occurred.(2) Provisions for new BNFs. When significant technological or other changes occur that necessitate a change in the definition of current BNFs or the identification of new BNFs, the DCTU must file with the commission and the Office of Public Utility Counsel (OPUC) updated versions for all affected LRIC studies or new studies as appropriate. (3) Provisions for new services. For each application for a service filed in accordance with this title, the DCTU must file with the commission and OPUC a LRIC study for the service consistent with the principles described in subsection (d) of this section and the specific requirements set forth in subsection (g) of this section.(4) Unbundling of existing tariffed services. When an application filed in accordance with this title proposes a service that previously had been bundled with other BNFs into a tariffed service, the DCTU must carefully reexamine the identification of groups of services that share significant common costs (as required under subsection (h) of this section). If the new service significantly changes the identification of groups of services and the identification of common costs, the DCTU should update all studies required under this section that are affected by these changes.(k) Review process for LRIC studies. A LRIC study considered under this section will be reviewed administratively to determine whether the DCTU's LRIC study is consistent with the principles, instructions and requirements set forth in this section.(1) Sufficiency. The LRIC study will be examined for sufficiency. To be sufficient, the LRIC study must conform to the prototype studies developed under the workplan approved by the commission. If the presiding officer or the commission staff concludes that material deficiencies exist in the LRIC study, the DCTU will be notified within 15 days of the filing date of the specific deficiency in its LRIC study. The DCTU will have 15 days from the date it is notified of the deficiency to file a corrected LRIC study.(2) Time schedule.(A) No later than 45 days after the filing date of the sufficient LRIC study, any party that demonstrates a justiciable interest may file with the presiding officer written comments or recommendations concerning the LRIC study.(B) No later than 55 days after the filing date of the sufficient LRIC study, OPUC may file with the presiding officer written comments or recommendations concerning the LRIC study.(C) No later than 65 days after the filing date of the sufficient LRIC study, commission staff must file with the presiding officer written comments or recommendations concerning the LRIC study.(D) No later than 75 days after the filing date of the sufficient LRIC study, any party that demonstrates a justiciable interest, OPUC, or the DCTU may file with the presiding officer a written response to the commission staff's recommendation.(E) No later than 85 days after the filing date of the sufficient LRIC study, the presiding officer must complete an administrative review to determine whether the DCTU's LRIC study is consistent with the principles, instructions and requirements set forth in this section. The presiding officer must approve the LRIC study or order the DCTU to refile the LRIC study incorporating all modifications recommended by the presiding officer.(F) Any party may appeal to the commission an administrative determination by a presiding officer within five days after the date of notification of the determination. The commission will rule on the appeal within 30 days after the date it receives the appeal. If the commission or a presiding officer orders a cost study to be changed, the dominant certificated telecommunications utility must be ordered to make those changes within a period that is commensurate with the complexity of the LRIC study.(3) Requests for information. While the LRIC study is being administratively reviewed, the commission staff, OPUC, and any party that demonstrates a justiciable interest may submit requests for information to the DCTU. Answers to such requests for information must be provided within ten days after receipt of the request by the DCTU to commission staff, OPUC and any party that demonstrates a justiciable interest.(4) Suspension. At any point within the first 45 days of the review process, the presiding officer, the commission staff, OPUC, the DCTU, or any party that demonstrates a justiciable interest may request that the review process be suspended for 30 days. The presiding officer may grant a request for suspension only if he or she has determined that the party has demonstrated that good cause exists for such suspension.(5) Effective date of the LRIC study. The effective date of the LRIC study must be the date it is approved by the presiding officer.(l) Notice requirements. At least ten days before a DCTU files any workplan or LRIC study in accordance with this section, the DCTU must file with the commission and OPUC a notice of its intent to file such workplan or LRIC study and the expected filing date. The DCTU's notice must indicate that the filing is being made in accordance with this section. The commission must then publish notice of the DCTU's intent to file the workplan or LRIC study in the Texas Register.", "sourceNote": "Source Note: The provisions of this §26.215 adopted to be effective August 10, 1999, 24 TexReg 6066; amended to be effective December 21, 1999, 24 TexReg 11318; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8459", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.216", "label": "Educational Percentage Discount Rates (E-Rates)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215868", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish educational percentage discount rates (E-Rates) for intrastate telecommunications services, Internet access, and internal connections that are equivalent to those adopted for interstate services by the Federal Communications Commission (FCC) in 47 Code of Federal Regulations part 54, subpart F (Universal Service Support for Schools and Libraries).(b) Provisions governing intrastate E-Rates.(1) Intrastate services eligible for E-Rates. The percentage discount rates available pursuant to 47 Code of Federal Regulations part 54, subpart F to eligible schools, libraries, and consortia as defined by 47 Code of Federal Regulations part 54, subpart F shall apply to the following intrastate services:(A) all commercially available telecommunications services provided by telecommunications carriers;(B) Internet access; and(C) installation and maintenance of internal connections.(2) Eligibility for intrastate E-Rates. Schools, libraries, and consortia eligible for E-Rates pursuant to 47 Code of Federal Regulations part 54, subpart F shall comply with the provisions of 47 Code of Federal Regulations part 54, subpart F in order to receive the intrastate E-Rates.", "sourceNote": "Source Note: The provisions of this §26.216 adopted to be effective December 31, 1998, 23 TexReg 13057." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215868", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.217", "label": "Administration of Extended Area Service (EAS) Requests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155919", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes procedures for processing requests for extended area service (EAS) in accordance with Public Utility Regulatory Act (PURA), Chapter 55, Subchapter B. On or after September 1, 2011, the commission will not require a telecommunications provider to provide mandatory or optional extended area service to additional metropolitan areas or calling areas.(b) Extended Area Service. The term \"utility\" in this section refers to a dominant certificated telecommunications utility.(1) Filing requirements.(A) In order to be considered by the commission, a request for EAS must be initiated by at least one of the following actions:(i) a petition signed by the greater of 5.0% or 100 of the subscribers in the exchange from which the petition originates;(ii) a resolution adopted and filed with the commission by the governing body of a political subdivision provided that said governing body properly represents the exchange requesting EAS;(iii) a resolution adopted and filed with the commission by the board of directors or trustees of a community association representing an unincorporated community; or(iv) an application filed by one or more of each affected utility.(B) A request for establishment of a particular EAS arrangement in accordance with subparagraph (A)(i), (ii), or (iii) of this paragraph must not be considered sooner than three years after either a determination of the failure of a previous request to meet eligibility requirements, or final commission action on a previously docketed request. An exception to this requirement may be granted to any petitioning exchange which demonstrates that a change of circumstances may have materially affected traffic levels between the petitioning exchange and the exchange to which EAS is desired.(C) A request for EAS must state the name of each exchange to which EAS is sought.(D) The petition must set forth the name and telephone number of each signatory and the name of the exchange from which the subscribers receive service.(E) Each signature page of a petition for EAS must contain information which clearly states that establishment of the requested EAS route may require that subscribers to the service change their telephone numbers and pay a monthly EAS rate in addition to their local exchange service rates, as well as applicable service connection charges. (F) Requests for EAS into metropolitan exchanges will be grouped by relevant metropolitan exchange. For each metropolitan exchange, commission staff will file a motion to docket a proceeding for the determination of uniform EAS rate additives as directed by paragraphs (3), (4), and (5) of this subsection for all pending EAS requests to that metropolitan exchange. Upon the docketing of such a proceeding, the petitioned utility must publish notice in a newspaper of general circulation in the metropolitan area for two consecutive calendar weeks. The notice must contain such information as deemed reasonable by the presiding officer in the proceeding. The demand studies required by paragraph (3) of this subsection must be initiated no earlier than 60 days from the date of final publication of notice. New petitions for EAS into the metropolitan exchange may be accepted prior to the initiation of the demand studies.(2) Community of interest.(A) Upon receipt of a proper filing under the provisions set out in paragraph (1) of this subsection, the utility involved will be directed by the commission staff to initiate appropriate calling usage studies. Within 90 days of receipt of such direction, the utility must provide the results of such studies to the commission staff and to a representative of each petitioning exchange. The message distribution and revenue distribution detail from the studies must be considered proprietary unless the parties agree otherwise and must not be released for use outside the context of the commission's proceedings. The data to be provided must be based upon a minimum 60 day study of representative calling patterns, must be in such form, detail, and content as the commission staff may reasonably require and must include at least the following information:(i) for business customers and residential customers and for the combined total, the number of messages and either minutes-of-use or billed toll revenues per customer account per month, in each direction over the route being studied; (ii) a detailed analysis of the distribution of calling usage among subscribers, in each direction over the route being studied, showing the number of subscriber accounts placing zero calls, one call, etc., through ten calls, the number of subscriber accounts placing between 11 and 20 calls, the number placing between 21 and 50 calls, and the number of subscriber accounts placing more than 50 calls, per month;(iii) data showing, by class of service, the number of subscriber accounts in service for each of the exchanges being studied;(iv) the distance between rate centers, and the average revenue per message for the calls during the study period;(v) the number of foreign exchange (FX) lines in service over each route and the estimated average calling volumes on these lines expressed as messages per month;(vi) a listing of known interexchange carriers providing service between the petitioning exchange and each exchange to which EAS is desired.(B) A community of interest between exchanges must be considered to exist from one exchange to the other when:(i) there is an average of no less than ten calls per subscriber account per month from one exchange to the other, and(ii) no less than two thirds of the subscribers' accounts place at least five calls per month from one exchange to the other.(C) A request for EAS must be assigned a project number and notice must be provided, in accordance with paragraph (7) of this subsection, when a community of interest is found to exist as described in subparagraph (B) of this paragraph:(i) on a bilateral basis between exchanges, or(ii) on a unilateral basis from the petitioning exchange to the other exchange.(D) The project must be established as a formal docket upon the motion of the commission staff.(E) Following the docketing of a request, a prehearing conference must be scheduled to establish each exchange to which EAS is sought, and to report any agreements reached by the parties. The utility involved must conduct appropriate demand and costing analyses according to paragraphs (3) and (4) of this subsection.(3) Demand analysis.(A) The utility involved must conduct analyses of anticipated demand for the requested EAS. The data must be in such form, detail, and content as the commission staff may reasonably require and must include, at a minimum, the following information:(i) the number of subscribers who are expected to take the requested service at the estimated rates recommended in accordance with paragraph (5) of this subsection and the associated probability of that level of subscribership;(ii) how call traffic within the requested extended area is expected to change given the rates and subscribership under clause (i) of this subparagraph; and (iii) the total volume of traffic upon which to base the anticipated switching and trunking requirements resulting from clauses (i) and (ii) of this subparagraph.(B) Unless the utility demonstrates good cause to expand the time schedule, the utility must provide to the commission staff and to other parties to the proceeding, no later than 120 days after the prehearing conference, the results of these analyses, together with supporting schedules and detailed documentation needed to understand and verify the study results.(4) Determination of costs.(A) The utility involved must conduct studies necessary to determine the changes in costs and revenues which may reasonably be expected to result from establishment of the requested EAS. These studies must consider and develop the long run incremental costs as follows:(i) switching and trunking costs associated with existing toll traffic which converts to EAS traffic plus the costs of switching and trunking required to handle the additional traffic as determined in paragraph (3)(A)(ii) of this subsection;(ii) the increases and decreases in expenses resulting from the new service and the net effect on operating expenses; and(iii) direct costs incurred by the utility(ies) in conducting demand analyses in compliance with paragraph (3) of this subsection.(B) The utility(ies) may analyze the effect on toll revenues in order to present evidence on the overall revenue effects of providing the requested EAS. Revenue effects supported by such evidence, if presented, may be included in the EAS rate additives specified in paragraph (5)(D) of this subsection.(C) The utility must file with the commission's the proceeding the results of these studies, together with supporting schedules and detailed documentation needed to understand and verify the study results according to the following schedule, unless the utility can demonstrate that good cause exists to expand the time schedule for a particular study:(i) incremental costs identified in this paragraph must be filed no later than 90 days from the filing of the results of the demand analysis conducted in accordance with paragraph (3) of this subsection; and(ii) toll revenue effects, if analyzed in accordance with subparagraph (B) of this paragraph, must be filed no later than 90 days from the filing of the results of the incremental costs, in accordance with clause (i) of this subparagraph.(5) EAS rate additives.(A) Coincident with the filing of cost study results, or coincident with the toll revenue effect results, if filed, the utility must file recommendations for proposed incremental rate additives, by class of service, necessary to support the cost of the added service, as well as to support the toll revenue effect, if such effect is filed.(i) EAS rate additives to be assessed on EAS subscribers in each petitioning exchange are to recover the incremental cost of providing the service according to paragraph (4)(A) of this subsection plus 10% of the incremental cost.(ii) The rate additives to be assessed on subscribers in the metropolitan exchange for which EAS has been requested are to recover revenues determined by the following formula: net lost toll multiplied by percent outbound toll, and multiplied by the estimated EAS take rate. The terms in the formula are defined as follows:(I) net lost toll - lost toll revenue calculated according to paragraph (4)(B) of this subsection less the revenue recovered through the EAS rate additive identified in clause (i) of this subparagraph; (II) percent outbound toll - this factor is calculated by dividing toll minutes of use originating in the metropolitan exchange and terminating in the petitioning exchanges by the total number of toll minutes of use between the metropolitan exchange and each petitioning exchange; and(III) estimated EAS take rate - the estimated number of EAS subscribers in the petitioning exchanges divided by the total number of subscribers in each petitioning exchange.(B) Service connection charges will be applicable.(C) A non-recurring charge to defray the direct incremental costs of the demand analyses identified in paragraph (4)(A)(iii) of this subsection must be charged to subscribers who order the service within 12 months from the time it is first offered. The non-recurring charge must not exceed $5.00 per access line.(D) The EAS rate additive to be used in each affected exchange must meet the following standards.(i) No increase in rates must be incurred by the subscribers of non-benefiting exchanges, that is, by subscribers whose calling scopes are not affected by the requested EAS service.(ii) If the petitioning exchange demonstrated a unilateral but not a bilateral community of interest through the requirements of paragraph (2)(C)(ii) of this subsection, the EAS arrangements must be priced using those rate increments designed to recover the added costs for each route, plus the toll revenue effect, if reasonably substantiated. The total increment chargeable to subscribers within an exchange must be the sum of the increments of all new EAS routes established for that exchange. (iii) If the petitioning exchange demonstrated a bilateral community of interest through the requirements of paragraph (2)(C)(i) of this subsection and requested that the costs be borne on a bilateral basis, the additional cost for the new EAS route must be divided between the two participating exchanges according to the ratio of calling volumes between the two exchanges.(iv) In establishing a flat rate EAS increment, all classes of customer access line rates within each exchange must be increased by equal percentages.(6) Subscription threshold.(A) A threshold demand level must be established by the commission's order in the docketed proceeding prior to the design or construction of facilities for the service. A reasonable pre-subscription process must then be undertaken to determine the likely demand level. If the likely demand level equals or exceeds the threshold demand level, then EAS must be provided in accordance with the commission's order. If the threshold demand level is not met, the affected utility is not required to provide the EAS approved by the commission. (B) The cost of pre-subscription must be divided between the utility and the petitioners. The petitioners must pay for the printing of bill inserts and ballots and the utility must insert them in bills free of charge. In the alternative, upon the agreement of the parties, the utility must provide, free of charge, and under protective order, the mailing labels of the subscribers in the petitioning exchange, and the petitioners must pay the cost of printing and mailing the bill inserts and ballots.(7) Notice.(A) Notice of the filing of an EAS application must be provided to all subscribers within each petitioning exchange, by publication for two consecutive weeks in a newspaper of general circulation in the area. Notice must also be given to individual subscribers either through inserts in customer bills, or through a separate mailing to each subscriber. The notice must state: the project number, the nature of the request, and the commission's mailing address and telephone number to contact in the event an individual wishes to protest or intervene. The commission must also publish notice in the Texas Register. (B) Written notice containing the information described above must be provided to each governing official of all incorporated areas within the affected exchanges and each county commission, or each board of directors or trustees of a community association representing any unincorporated areas within the affected exchanges.(C) The cost of notice must be borne by the petitioners.(8) Joint filings.(A) EAS agreements. The commission may approve agreements for EAS or EAS substitute services filed jointly by the representatives of petitioning exchanges and the affected utility so long as the agreements are in accordance with subparagraph (C)(i) - (x) of this paragraph. Notwithstanding any other provisions of this paragraph, if more than one political subdivision is affected by a proposed optional calling plan under PURA §55.023, the agreement of each political subdivision is not required.(B) Multiple exchange common calling plans. Joint filing agreements for EAS or EAS substitute services among three or more exchanges must be permitted in accordance with subparagraph (C)(i) - (x) of this paragraph.(C) Standards for joint filings. Joint filings must be permitted subject to the following:(i) The parties to joint filings must include the name of each utility which provides service in the affected exchanges and one duly appointed representative for each affected exchange. Each exchange representative must be designated jointly by the governing officials of all incorporated areas within the affected exchange and each county commission representing any unincorporated areas within the affected exchange.(ii) Joint filings are exempt from the traffic requirements contained in paragraph (2) of this subsection.(iii) Joint filings may include rate proposals which are flat rate, usage sensitive, block rates, or other pricing mechanisms. If usage-sensitive rates are proposed, joint applicants must include the commission staff in their negotiations.(iv) Joint filings may propose either one-way or two-way calling.(v) Joint filings may propose either optional or non-optional calling.(vi) Joint filings must specify all non-recurring and recurring rate additives to be paid by the various classes and grades of service in the affected exchanges.(vii) Joint filings must demonstrate that the proposed rate additives:(I) are in the public interest, and in the case of non-optional joint filings which include flat rate additives, the filing must demonstrate that more than 50% of the total subscribers who will experience a rate change are in favor of this joint filing at the proposed rates; and (II) recover, for the utility providing the service, the appropriate cost of providing EAS including a contribution to joint costs.(viii) The notice requirements of paragraph (7) of this subsection are applicable to joint filings. In addition, the commission must publish notice of the proposed joint filing in the Texas Register and must provide notice to the Office of Public Utility Counsel upon receipt of the joint filing.(ix) If intervenor status is not granted within 60 days of completion of notice, the joint filing must be handled administratively, with the commission determining whether the service meets the criteria listed in clause (vii) of this subparagraph. If requested by an intervenor or the commission staff, the joint filing must be docketed for hearing and final order. Any of the parties to the joint filing may withdraw the joint filing without prejudice at any time prior to the rendition of the final order. Any alteration or modification of the joint filing by the commission may only be made upon the agreement of all parties to the proceeding.(x) The exchanges to be included within the proposed common calling plan area must be contained within a continuous boundary and all exchanges within that boundary must be included in the common calling plan.", "sourceNote": "Source Note: The provisions of this §26.217 adopted to be effective March 14, 2000, 25 TexReg 2030; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155919", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.219", "label": "Administration of Expanded Local Calling Service Requests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215869", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to describe the process used to administer requests from telephone service subscribers for two-way toll-free expanded local calling service (ELCS) pursuant to the Public Utility Regulatory Act (PURA), Chapter 55, Subchapter C. Only incumbent local exchange companies (ILECs) are subject to the provisions of PURA, Chapter 55, Subchapter C. On or after September 1, 2011, the commission may not require a telecommunications provider to provide mandatory or optional expanded local calling services to additional metropolitan areas or calling areas. (b) Definitions. The following terms, when used in this section, have the following meanings unless the context clearly indicates otherwise. (1) Expanded local calling service (ELCS)--The meaning assigned in §26.221 of this title (relating to Applications to Establish or Increase Expanded Local Calling Service Surcharges). (2) Expanded local calling service (ELCS) fee--The meaning assigned in §26.221 of this title. (3) Expanded local calling service (ELCS) surcharge--The meaning assigned in §26.221 of this title. (4) Metropolitan exchange--The meaning assigned in PURA §55.041, including Austin, Corpus Christi, Dallas/Fort Worth, Houston, San Antonio and Waco. (c) ELCS requests, notice and intervention. (1) Filing a request for ELCS. Telephone subscribers in an exchange that has 10,000 or fewer access lines are eligible to request ELCS from the commission by filing information listed in paragraph (2) of this subsection. The request shall be assigned a project number. A presiding officer shall be assigned to the project and the request shall be reviewed administratively unless the presiding officer, for good cause, determines at any point during the review that the request should be docketed. A request from telephone subscribers in an exchange that has more than 10,000 access lines shall be dismissed by the presiding officer within 20 days of the date the request is filed. (2) Contents of a request for ELCS. (A) Filing letter. A request for ELCS shall include a letter that designates a contact person to respond to inquiries about the request for ELCS. The name, address, and daytime telephone number of the contact person shall be identified in the letter. The letter shall be sent with all other parts of the request to the commission's Filing Clerk. (B) Community of interest statement. If the petitioning and petitioned exchanges do not meet the geographic proximity requirement set forth in subsection (d)(3)(C) of this section, the request for ELCS shall contain a statement describing the community of interest between the petitioning and petitioned exchanges, based upon standards in subsection (d)(3)(D) of this section. The statement must describe the existence of a community of interest between the petitioning exchange and each petitioned exchange in sufficient detail to allow for verification of assertions made. (C) Statement of changed circumstances. If subscribers in the petitioning exchange denied by ballot a petition for ELCS to any one or more of the same petitioned exchange(s) within the previous 18 months, the new request shall contain a statement explaining what circumstances have changed since the time of the prior ballot that materially affect the need for ELCS between the petitioning exchange and each petitioned exchange. A petition is denied by ballot if it fails to receive an affirmative vote of at least 70% of the voting subscribers in the petitioning exchange. (D) Petition. A request for ELCS shall include a petition. A petition may request ELCS between a single petitioning exchange and one or more petitioned exchanges. A petition shall be signed by at least 100 subscribers or 5.0% of subscribers in the petitioning exchange, whichever is less. Each signatory shall include his or her name and telephone number on the petition. Each signature page of the petition for ELCS shall include: (i) the name and telephone number of a petition coordinator, whom signatories may contact for further information about the petition; (ii) the name, area code and prefix of the exchange from which the petitioners receive telephone service (the petitioning exchange); (iii) the name, area code and prefix(es) of exchange(s) to which ELCS is sought (the petitioned exchange(s)); (iv) a clear statement that only subscribers in the petitioning exchange may sign the petition; (v) a clear statement that subscribers in the petitioning exchange will be billed a monthly ELCS fee of up to $3.50 per residential line and $7.00 per business line for the first five petitioned exchanges granted, with an additional $1.50 per line for each exchange in excess of five, whether obtained in one or more petitions, in addition to basic local exchange service rates; (vi) a clear statement that there must be an affirmative vote of at least 70% of those subscribers responding within the petitioning exchange as to each petitioned exchange before ELCS can be implemented to that petitioned exchange; and (vii) a clear statement that, in addition to ELCS fees billed to petitioning subscribers, an ELCS surcharge may, if necessary, be billed to that ILEC's Texas customers to recover the costs of implementing ELCS. (3) Notice to affected ILECs. Within five working days of receipt by the commission of a filed request for ELCS, the commission shall send a copy of the request by certified mail to each ILEC serving either a petitioning or a petitioned telephone exchange. (4) Notice to affected telephone service subscribers. An ILEC serving a petitioning exchange shall arrange for publication of notice in the petitioning exchange and shall bear the cost of notice as a regulatory case expense. This notice shall be published once, not later than 15 days before ballots are mailed in accordance with subsection (f) of this section, in each local newspaper in the petitioning exchange. The information contained in subsection (f)(2)(A) - (D) and (F) of this section shall be published. Published notice shall identify the assigned project number, shall include the language in Procedural Rule §22.51(a)(1)(F) of this title (relating to Notice for Public Utility Regulatory Act, Chapter 36, Subchapter C-E, Chapter 51, §51.009; and Chapter 53, Subchapters C-E Proceedings) modified to reflect the appropriate intervention deadline and shall be written in both English and Spanish. Additionally, the presiding officer shall cause notice to be published in the Texas Register no later than 15 days before ballots are mailed. (5) Intervention. The intervention deadline shall be no sooner than ten days after the last date notice is published in the petitioning exchange. On or before the intervention deadline stated in the published notice, any interested person may file a request to intervene in the project. The presiding officer shall rule on a request to intervene in accordance with Procedural Rule §22.103 of this title (relating to Standing to Intervene) within ten days from the date the request to intervene is filed with the commission's Filing Clerk. Intervention by an interested person does not by itself require that the project be docketed. (d) Initial review of a request for ELCS. (1) Sufficiency. The presiding officer shall, by order issued within 15 days of the filing of a request for ELCS, determine if the request is sufficient as to the requirements in subsection (c)(2) of this section. If the presiding officer finds that the request is deficient, the presiding officer shall notify the designated contact person so that the contact person may cure any such deficiencies. Deficiencies in the request for ELCS may be cured within 30 days of its initial filing. If not cured by the subsequent filing of sufficient information within that time, the presiding officer shall dismiss the request in whole, if appropriate, or in relevant part, without prejudice to the filing of another request involving the same petitioning and petitioned exchanges. (2) Changed Circumstances. The presiding officer shall, by order issued no later than 15 days after the filing of the request for ELCS, determine whether a statement of changed circumstances required by subsection (c)(2)(C) of this section justifies allowing another ballot sooner than 18 months after the denial by ballot of a prior petition involving the same petitioning and petitioned exchanges. If the presiding officer finds that the statement does not justify allowing another ballot, the presiding officer shall dismiss the request in whole, if appropriate, or in relevant part. (3) Geographic proximity or community of interest. (A) Distance limitation. ELCS is not available where the most distant central switching offices in a petitioning and petitioned exchange are more than 50 miles apart as measured by using vertical and horizontal (V&H) geographic coordinates. (B) Determination. The presiding officer shall, by order issued no later than 15 days after the request for ELCS is filed, determine whether the request satisfies either the geographic proximity requirement set forth in subparagraph (C) of this paragraph or the community of interest requirement set forth in subparagraph (D) of this paragraph. If the presiding officer determines that neither the geographic proximity nor the community of interest requirements are satisfied, the presiding officer shall dismiss the request in whole, if appropriate, or in relevant part. (C) Geographic proximity. The geographic proximity requirement is satisfied as to each petitioned exchange if the nearest central switching office in the petitioning exchange is located within 22 miles of the nearest central switching office in the petitioned exchange as measured using vertical and horizontal (V&H) geographic coordinates. (D) Community of interest. A community of interest statement shall address situations where the nearest central switching offices in a petitioning and petitioned exchange are more than 22 miles apart and the most distant central offices in a petitioning and petitioned exchange are 50 or less miles apart. A community of interest between a petitioning exchange and a petitioned exchange exists, for purposes of this section, when the community of interest statement includes information demonstrating that the petitioning and petitioned exchanges have a relationship because of schools, hospitals, local governments, or business centers, or that the petitioning or petitioned exchanges have other relationships that make the unavailability of ELCS a hardship on residents of the area. (e) Exemptions. (1) ILEC requests for exemption. An ILEC serving either the petitioning or the petitioned exchange may file a request for exemption from the potential requirement to provide ELCS. Such requests must be filed no later than 20 days after the filing of the request for ELCS. The request for exemption shall be accompanied by an affidavit identifying in detail which conditions described in paragraph (2) of this subsection exist. If the petition includes more than one petitioned exchange, the request for exemption shall clearly identify which conditions apply to which exchanges. The presiding officer shall look to facts or circumstances existing on the date the ELCS request is filed in determining whether a request for exemption may be granted. (2) Types of exemptions. The following conditions shall be considered by the presiding officer in determining whether to exempt an ILEC from being required to provide ELCS: (A) the ILEC serves fewer than 10,000 access lines statewide; or (B) the petitioning or petitioned exchange is served by a telephone cooperative; or (C) extended area service (EAS) or extended metropolitan service is currently available between the petitioning exchange and the petitioned exchange(s); or (D) the petitioning or petitioned exchange is a metropolitan exchange as defined in subsection (b) of this section; or (E) it is technologically or geographically infeasible to provide ELCS to the area; or, (F) the request for ELCS proposes to split a petitioning or petitioned exchange. (3) Determination. If one or more of the conditions described in paragraph (2)(A) - (D) or (2)(F) of this subsection exist, the presiding officer shall, within 40 days after the filing of the request for ELCS, dismiss the request in whole, if appropriate, or in relevant part. If the ILEC requests an exemption based on paragraph (2)(E) of this subsection, the presiding officer shall, by order issued no later than 40 days after the filing of the request for ELCS, determine whether the ILEC's affidavit sufficiently demonstrates that technology is not available in the marketplace to make ELCS feasible. If the exemption request is granted, the presiding officer shall dismiss the request for ELCS in whole, if appropriate, or in relevant part. (f) Balloting. If all applicable requirements contained in subsections (c) and (d) of this section are met and no exemption requests are outstanding, the presiding officer shall issue an order directing the ILEC serving the petitioning exchange to begin balloting subscribers in that exchange, and the presiding officer shall notify the designated contact person for the petitioning exchange that balloting will take place. (1) Cost of balloting. The cost of preparing and distributing ballots shall be borne by the ILEC serving the petitioning exchange as a regulatory case expense. (2) Ballot format. No later than 30 days after the presiding officer's order directing the ILEC serving the petitioning exchange to begin balloting, that ILEC shall distribute a ballot, written in English and Spanish, to each subscriber in the petitioning exchange. The ballot shall require a separate vote from each subscriber for each petitioned exchange. The ballot must be in a standard form approved by the commission and each ballot shall include: (A) a statement explaining ELCS; (B) a statement that subscribers in the petitioning exchange have petitioned to expand the toll-free local calling area into the named exchange(s); (C) a description of the proposed ELCS area, including the name, area code and prefix of the petitioning exchange and each petitioned exchange for which toll-free local calling is sought; (D) a statement that if at least 70% of those subscribers responding vote \"yes\" as to any petitioned exchange: (i) subscribers in the petitioning exchange will be billed, in addition to the company's local exchange service rates, a monthly ELCS fee of up to $3.50 per residential line and up to $7.00 per business line for the first five petitioned exchanges granted, with an additional $1.50 per line for each exchange in excess of five, whether obtained as the result of one or more petitions; and (ii) in addition to the ELCS fee billed to petitioning subscribers, an ELCS surcharge may, if necessary, be billed to all of the ILEC's Texas subscribers to recover the costs of implementing ELCS; and (iii) the amount of the monthly ELCS fee and ELCS surcharge will depend on the revenue lost and costs incurred by the company providing the service; (E) unambiguous instructions for voting, including the following statement in large print: \"It is important that you return this ballot. If you are in favor of obtaining Expanded Toll-Free Local Calling to a listed exchange, check the box labeled 'YES' next to that exchange. If you do not want Expanded Toll-Free Local Calling to a listed exchange, check the box labeled 'NO' next to that exchange\"; (F) a statement that a petitioned exchange will be included in the expanded toll-free local calling area only if at least 70% of the petitioning subscribers responding vote affirmatively for ELCS to that exchange; (G) the date by which the returned ballot must be postmarked, which shall be 15 days from the date the ballot is mailed to the customer; (H) the address to which the ballot should be returned upon completion of voting, identifying the commission as the recipient of returned ballots; and (I) a unique identification number assigned by the ILEC serving the petitioning exchange to each subscriber in that exchange. (3) Master list of subscribers. No later than 35 days after the presiding officer's order to the ILEC serving the petitioning exchange to begin balloting, that ILEC shall submit to the commission a master list of all subscribers within the petitioning exchange in an electronic spreadsheet format prescribed by the commission. The ILEC shall classify the master list as confidential, and the list shall be treated as such under the provisions of the Government Code, Title 5, Chapter 552. The master list shall be arranged sequentially by billing number and shall include for each subscriber in the petitioning exchange: (A) the billing name; (B) the billing number; (C) the service address; (D) the mailing address; (E) the class of service; and (F) the unique identification number assigned to the subscriber by the ILEC (4) Response to balloting. The commission shall, no later than 15 days after the date stated on the ballot for return of the ballot, notify the presiding officer, the contact person, and affected ILEC(s) of the results of the ballot by filing a ballot report. The ballot report shall specify the results of the ballot for each petitioned exchange. (A) Affirmative vote. (i) If at least 70% of petitioning subscribers responding vote affirmatively as to any petitioned exchange, the ILEC serving the petitioning exchange shall file with the commission, within 30 days after the filing of the commission's ballot report, an application to establish ELCS fees pursuant to PURA §55.048(b). The ILEC's application shall include the ILEC's proposed implementation schedule and proposed schedule of fees as well as other information described in §26.221(e)(1) - (9) of this title (relating to Applications to Establish or Increase Expanded Local Calling Service Surcharges). (ii) The implementation of ELCS shall be scheduled for completion within five months after an order is issued by the presiding officer acknowledging the ballot results. The ILEC shall explain and justify the reasons for any implementation delay beyond five months. (iii) No later than 15 days after the ILEC's filing of its application to establish ELCS fees, the presiding officer shall issue an order granting interim approval of the ILEC's proposed fees, which may be billed as of the first billing cycle following implementation of ELCS from the petitioning exchange. All fees given interim approval are subject to refund. (iv) No later than 30 days after the ILEC's filing of its implementation schedule, the presiding officer shall issue an order approving, modifying, or denying the schedule. (B) Negative vote. If less than 70% of those responding vote in favor of ELCS to a petitioned exchange, the presiding officer shall, within 10 days after the filing of the commission's ballot report, deny the request for ELCS to that specific petitioned exchange. (g) Calculation of ELCS Fees. ELCS fees shall be calculated using the formula described in this subsection unless the presiding officer, for good cause, modifies the formula. Key formula terms are defined in §26.221(b) of this title. (1) Regulatory case expenses. In accordance with PURA §55.048(d), an ILEC may not recover regulatory case expenses under this subsection by surcharging petitioning subscribers. (2) ELCS fee formula. First, sum lost revenues and costs incurred to determine the ILEC's annual ELCS requirement. Divide the annual ELCS requirement by 12 to obtain the monthly requirement, which is the numerator. Second, obtain the most current count of access lines in the petitioning exchange. Multiply the number of business lines by two. Add the doubled business lines to the number of residential lines. This total is the denominator. Third, divide the numerator by the denominator to obtain the monthly ELCS fee per residential line. Multiply the monthly ELCS fee per residential line by two to obtain the monthly ELCS fee per business line. Round ELCS fees up or down to the nearest penny. (3) ELCS fee maximums. The monthly ELCS fee per residential line shall not exceed $3.50 for up to five petitioned exchanges. The monthly ELCS fee per business line shall equal twice the monthly ELCS fee per residential line; however, the monthly ELCS fee per business line shall not exceed $7.00 for up to five petitioned exchanges. For each additional petitioned exchange beyond five, the monthly ELCS fee shall not exceed an additional $1.50 per residential or business line. (4) ELCS surcharge. If ELCS fees do not recover the annual ELCS requirement, an ILEC may request establishment of an ELCS surcharge under §26.221 of this title. (h) Docketing. Within 30 days of the issuance of an order under subsection (f)(4)(A)(iii) of this section granting interim approval of fees to be billed by the ILEC serving the petitioning exchange, any intervenor or the commission may request that the presiding officer docket the project. Docketing may be requested in order to allow further investigation of the ILEC's application or, for good cause shown, any other reason. Upon receipt of a request for docketing, the presiding officer shall docket the project and shall establish a procedural schedule. Upon docketing, discovery may commence in accordance with the commission's Procedural Rules, Chapter 22, Subchapter H of this title (relating to Discovery Procedures). (i) Final approval. If no request for docketing is timely filed under subsection (h) of this section, the presiding officer shall, within 60 days after the order granting interim approval of fees, issue an order granting final approval to or modification of the ELCS fees to be billed by the ILEC serving the petitioning exchange. Upon final approval by the presiding officer of either the proposed or modified tariff sheets, the fees shall be considered permanent unless modified in the future, for good cause, by the commission.", "sourceNote": "Source Note: The provisions of this §26.219 adopted to be effective March 14, 2000, 25 TexReg 2030; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective April 4, 2012, 37 TexReg 2178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215869", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.221", "label": "Applications to Establish or Increase Expanded Local Calling Service Surcharges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130496", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide the standard for review of an incumbent local exchange company (ILEC) application, filed in accordance with the Public Utility Regulatory Act (PURA) §55.048(c), to recover all costs incurred and all loss of revenue from an expansion of a toll-free local calling area.(b) Definitions. The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Avoided costs--ILEC costs that are reduced or eliminated due to implementation of ELCS.(2) Costs incurred--The amount of recurring and non-recurring costs incurred by an ILEC to implement ELCS, minus avoided costs.(3) Expanded local calling service (ELCS)--A two-way toll-free local calling service provided by an ILEC to telephone service subscribers in accordance with §26.219 of this title (relating to Administration of Expanded Local Calling Service Requests).(4) Expanded local calling service (ELCS) fee--A fee billed by an ILEC, in accordance with PURA §55.048(b), to subscribers in a petitioning telephone exchange.(5) Expanded local calling service (ELCS) requirement--The sum of lost revenue and costs incurred due to implementation of ELCS.(6) Expanded local calling service (ELCS) surcharge--A fee billed by an ILEC, in accordance with PURA §55.048(c), to each Texas subscriber of the ILEC, unless an exception is granted by the commission. ELCS surcharges are designed to recover the residual in paragraph (8) of this subsection.(7) Lost revenue--The loss of revenue an ILEC realizes due to implementation of ELCS.(8) Residual--The sum of lost revenue and costs incurred, minus revenue collected from ELCS fees.(c) General Principles. The commission will consider these general principles when establishing or increasing ELCS surcharges. (1) The commission may, at any time, initiate a show cause investigation or a compliance investigation of ELCS surcharges in accordance with Procedural Rule §22.241 of this title (relating to Investigations) to determine whether ELCS surcharges comply with the requirements in PURA §55.048.(2) An ILEC bears the burden of demonstrating that a proposed ELCS surcharge:(A) recovers lost revenue and costs incurred;(B) recovers costs necessary only for implementation of ELCS; and(C) is just and reasonable.(3) If an ILEC departs from the requirements in subsection (e)(1) - (6) of this section, and proposes instead to use statistical sampling or another method of calculating ELCS surcharges, the ILEC bears the burden of demonstrating the reasonableness of the alternative method as it relates to the surcharge at issue.(4) An application to establish an ELCS surcharge must contain information that enables commission staff to validate and replicate the method used by the ILEC to develop a proposed ELCS surcharge. (5) When established, ELCS surcharges must be based upon the most current count of local exchange access lines billed by an ILEC.(6) The commission will pursue the goal of revenue neutrality in designing ELCS surcharges. (7) Except as provided under subsection (i)(1) of this section, an ILEC has no continuing right to bill an ELCS surcharge for an indefinite period.(8) ELCS surcharges must be designed so that business subscribers are billed twice the monthly per line charge billed to residential subscribers.(d) Confidentiality. Before filing an application regarding an ELCS surcharge, an ILEC must obtain agreement from commission staff on a method for securing the confidentiality of information the ILEC deems confidential. An application filed in accordance with subsection (e) of this section must not exclude information deemed confidential by the ILEC.(e) Filing an application. An application to establish or increase an ELCS surcharge must be assigned a control number and a presiding officer must be assigned to the project. An ILEC's application must be reviewed administratively unless the presiding officer dockets the project. An application must, at a minimum, include:(1) twelve consecutive months of actual toll revenue data collected as near the ELCS implementation date as is practicable but no earlier than 18 months before the ELCS implementation date. Data provided by an ILEC must show actual toll revenue billed by the ILEC for each direction of each pre-ELCS toll route for each of the 12 consecutive months collected;(2) twelve consecutive months of actual access revenue data collected as near the ELCS implementation date as is practicable but no earlier than 18 months before the ELCS implementation date. Data provided by an ILEC must show access revenue billed by the ILEC for each direction of each pre-ELCS access route for each of the 12 consecutive months collected;(3) a calculation of the effect of any mechanism for pooling or settling revenue collected from and disbursed to telecommunications providers;(4) copies of documents, such as invoices, work orders, receipts and lease agreements, that demonstrate the costs incurred by an ILEC to implement ELCS, with recurring costs and non-recurring costs separately identified for each pre-ELCS toll route;(5) workpapers supporting all documents contained in the application, including but not limited to, the ILEC's development of factors, ratios, allocations, estimates, projections, averages and labor rates;(6) a calculation of avoided costs;(7) one or more tariff sheets reflecting the proposed rates;(8) a request for exemption, if any, from one or more requirements in this subsection;(9) a copy of the confidentiality agreement, if such an agreement is necessary, signed by a representative of commission staff;(10) the text of the proposed notice of an application to establish or increase ELCS surcharges; and(11) the ILEC's preferred duration of applicability of the proposed ELCS surcharges among alternatives listed in subsection (i) of this section.(f) Administrative response to an application.(1) Notice. The presiding officer will approve or modify the notice proposed under subsection (e)(10) of this section within 20 days after the filing of an application to establish or increase ELCS surcharges. The ILEC must arrange for publication of notice at least once each week for four consecutive weeks, in newspapers having general circulation in each of the ILEC's affected telephone exchanges. Published notice must identify the assigned control number, must include the language provided by §22.51(a)(1)(F) of this title (relating to Notice for Public Utility Regulatory Act, Chapter 36, Subchapters C-E; Chapter 51, §51.009; and Chapter 53, Subchapters C-E, Proceedings) modified to reflect the appropriate intervention deadline, must describe the application and must be written in plain English and Spanish. Notice must be published within 40 days of the date the presiding officer files an order approving the notice format. The ILEC must file an affidavit of completion of published notice within ten days following such completion. The presiding officer will cause notice to be published in the Texas Register within 30 days of the date an order of approval of the notice format is filed. Additionally, the ILEC must provide a copy of its application to the Office of Public Utility Counsel on the same day the application is filed with the commission.(2) Intervention. The intervention deadline must be no sooner than ten days after the last date notice is published. On or before the intervention deadline, any interested person may file a request to intervene in the project. The presiding officer will rule on a request to intervene, in accordance with §22.103 of this title (relating to Standing to Intervene) within ten days from the date the request for intervention is filed with the commission. Intervention by an interested person does not by itself require that the project be docketed.(3) Discovery. Discovery may commence on the date the application is filed in accordance with Chapter 22, Subchapter H of this title (relating to Discovery Procedures).(4) Interim surcharges. No later than 30 days after the intervention deadline, the presiding officer will grant or deny, in whole or in part, a request for interim relief and may approve or modify a proposed interim ELC surcharge in accordance with §22.125 of this title (relating to Interim Relief).(5) Sufficiency review and requests for exemption. Within 30 days after the filing of an ILEC application, commission staff must file comments on the sufficiency of the application and on any request for exemption filed by the ILEC under subsection (e)(8) of this section. No later than 30 days after commission staff's comments are filed, the ILEC must file a response and may amend or supplement its application. No later than ten days after the ILEC's response is filed, commission staff must file a recommendation to the presiding officer addressing whether the application is sufficient and whether any requests for exemption should be granted.(6) Docketing. If commission staff or any intervenor files, within 30 days after the intervention deadline, a request to docket the project, the presiding officer will docket the project. Upon docketing, the presiding officer will ascertain whether the parties prefer to pursue settlement negotiations or alternative dispute resolution. If so, the presiding officer will abate the docket for a reasonable period. If the parties prefer to establish a procedural schedule, the presiding officer may refer the docket to the State Office of Administrative Hearings or may take other appropriate action. If neither commission staff nor an intervenor requests docketing, the presiding officer must administratively approve or modify the application within 40 days after the intervention deadline.(g) Calculation of initial ELCS surcharges. An initial ELCS surcharge must be calculated using the formula described in this subsection unless the presiding officer, for good cause, modifies the formula.(1) Numerator. First, sum the lost revenues and costs incurred to determine the ILEC's annual ELCS requirement. Second, use the most current count of access lines to calculate the amount of ELCS fee revenue received annually by the ILEC. Subtract the annual ELCS fee revenue from the annual ELCS requirement. The result is the annual residual. Third, divide the annual residual by 12 to obtain the monthly residual, the numerator.(2) Denominator. First, obtain the most current count of residential and business lines served by the ILEC in Texas. Second, multiply the number of business lines by two. Third, add the doubled business lines to the number of residential lines. This total is the denominator.(3) ELCS surcharge formula. Divide the numerator in paragraph (1) of this subsection by the denominator in paragraph (2) of this subsection to obtain the monthly ELCS surcharge per residential line. Multiply the monthly ELCS surcharge per residential line by two to obtain the monthly ELCS surcharge per business line. Round ELCS surcharges up or down to the nearest penny.(h) Adjustments to ELCS surcharges. ELCS surcharges must be adjusted using the formula described in subsection (g) of this section, except that:(1) the numerator established in a previous application may be modified to consider new information relevant to development of the residual:(A) for any ELCS surcharge approved before February 1, 2000, if the commission reserved the right to subsequently review the costs incurred and lost revenues associated with the ELCS surcharge; or(B) for any ELCS surcharge approved after February 1, 2000; and(2) the denominator must be modified to reflect the most current count of local exchange access lines at the time of the adjustment. For ELCS surcharges approved before February 1, 2000, if the number of access lines in the denominator initially included only non-petitioning exchanges, an adjustment in the number of access lines must include only non-petitioning exchanges.(i) Duration. An ILEC must select a preferred duration of applicability of its proposed ELCS surcharges from alternatives listed in this subsection. The commission may establish ELCS surcharges for any duration.(1) Permanent. An ILEC may initiate a review of its rates and charges by filing a rate filing package. Following a review of the ILEC's cost of service in accordance with§26.201 of this title (relating to Cost of Service), any resulting ELCS surcharge must be considered permanent unless modified, for good cause, by the commission.(2) Phase-down. If an ILEC's application to establish or increase an ELCS surcharge contains all information required in subsection (e)(1) - (6) of this section, the ILEC may propose a phase-down of its ELCS surcharge for a duration of five years. The phase-down must be implemented by reducing each ELCS surcharge by 20% at the end of each year of the phase-down period. At the end of the five-year phase-down period, the ELCS surcharge must be zero. A tariff sheet filed by the ILEC must contain ELCS surcharges for each of the five years of the phase-down period.(3) Phase-out. An ILEC that files an application to establish or increase an ELCS surcharge may propose a phase-out of its ELCS surcharge. A proposed phase-out must be for a duration not to exceed two years. At the end of the phase-out period, the ELCS surcharge must be zero. A tariff sheet filed by the ILEC must contain ELCS surcharges for the two-year period and must state the two-year duration of applicability of the ELCS surcharges.", "sourceNote": "Source Note: The provisions of this §26.221 adopted to be effective March 14, 2000, 25 TexReg 2030; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130496", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.223", "label": "Prohibition of Excessive COA/SPCOA Usage Sensitive Intrastate Switched Access Rates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215870", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §52.155, which addresses the usage sensitive intrastate switched access rates that can be charged by a telecommunications utility that holds a certificate of operating authority (COA) or a service provider certificate of operating authority (SPCOA) (COA/SPCOA). (b) Applicability. This section applies to usage sensitive intrastate switched access rates of COA/SPCOA holders, including but not limited to, originating and terminating carrier common line (CCL), originating and terminating local switching (LS), originating and terminating switched transport (TR), originating and terminating tandem switching (TS), and originating and terminating tandem switched transport (TST). (c) Requirements for COA/SPCOA usage sensitive intrastate switched access rates. A telecommunications utility that holds a COA or a SPCOA may not charge a higher aggregate amount, including any rate elements not charged by the holder of the certificate of convenience and necessity (CCN), for originating or terminating usage sensitive intrastate switched access than the prevailing rates charged by the CCN holder or the holder of a COA issued under Chapter 65 in whose territory the call originated or terminated unless: (1) the commission specifically approves the higher rate; or (2) subject to commission review, the telecommunications utility establishes statewide average composite originating and terminating usage sensitive intrastate switched access rates based on a reasonable approximation of traffic originating and terminating between all holders of certificates of convenience and necessity in this state. (d) Governance of Switched Access Rates under PURA Chapter 65. Notwithstanding subsection (c), PURA Chapter 65 governs the switched access rates of a company that holds a COA issued under PURA Chapter 65. (e) Statewide average composite rates. Weighted statewide average composite usage sensitive intrastate switched access rates will be developed based upon the submission of CCN holders' compliance filings pursuant to subsection (g) of this section. (1) Methodology. The commission shall use the following information and methodology for development of the weighted statewide average composite usage sensitive intrastate switched access rates separately for each originating and for each terminating rate element category in subsection (g)(1) - (6) of this section: (A) Each CCN holder's individual rate elements' rates will be multiplied by the total actual minutes of use (MOUs) for that rate element, producing a total revenue for each rate element for each CCN holder. (B) Revenues for each CCN holder's rate element will be added to create a statewide total revenue for that rate element. (C) The actual MOUs for each CCN holder's rate element will be added to create a statewide total actual MOUs for that rate element. (D) The statewide total revenue for that rate element will be divided by the statewide total actual MOUs for that rate element, producing a weighted statewide average composite usage sensitive intrastate switched access rate for that switched access rate element. (E) Additional revenues submitted under subsection (g)(8) of this section for monthly rate elements associated with switched access shall be converted to MOU rates using the local switching MOUs provided by the CCN holder. The converted MOU rates shall be used to revise the weighted statewide average composite usage sensitive intrastate switched access rates calculated pursuant to subparagraph (D) of this paragraph. (2) Re-calculation. (A) The commission shall re-calculate the weighted statewide average composite usage sensitive intrastate switched access rates annually until June, 2010 based upon the submissions of the CCN holders, as required in subsection (g) of this section. The commission shall endeavor to complete such re-calculation by November 15 of each year. (B) Any certificated telecommunications utility may file a petition requesting that the commission re-calculate the weighted statewide average composite usage sensitive intrastate switched access rates at any time. The commission shall grant the petition for re-calculation if it concludes that the petition has provided just cause for re-calculation. (C) As provided in subsection (g) of this section, the commission may also require compliance submissions by CCN holders for re-calculation of the weighted statewide average composite usage sensitive intrastate switched access rates as appropriate because of significant changes in usage sensitive intrastate switched access rates or in response to the request of affected parties, as specified in subparagraph (B) of this paragraph. (D) After June 2010, the commission shall re-calculate the weighted statewide average composite usage sensitive intrastate switched access rates biennially. The commission shall endeavor to complete such re-calculation by November 15. (f) Approval of higher rates. (1) A COA/SPCOA holder seeking approval of originating and/or terminating usage sensitive intrastate switched access rates that in the aggregate, including any rate elements not charged by the CCN holder, are higher than the aggregate of the originating and/or terminating usage sensitive switched access rate elements charged by the CCN holder in the COA/SPCOA's territory may do so by filing an application with the commission subject to the procedures outlined in Procedural Rule §22.33 of this title (relating to Tariff Filings). The COA/SPCOA's application must provide, at a minimum, the following information: (A) Cost justification for each rate element. (B) Rationale for implementation of the higher rate for each rate element. (2) A COA/SPCOA holder's application must address all of the applicable switched access rate elements in subsection (b) of this section. (3) The commission shall publish notice of the application in the Texas Register. (g) Requirement for CCN holders compliance submissions. Until June, 2010, all CCN holders must provide the following intrastate data to the commission as a compliance filing on an annual basis; and as of June, 2010 and thereafter on a biennial basis, by September 15: (1) The current tariffed rate for originating and terminating CCL. (2) The current tariffed rate for originating and terminating LS. (3) The current tariffed rate for originating and terminating TR. (4) The current tariffed rate for originating and terminating TS. (5) The current average per minute rate for originating and terminating TST. (6) The current originating and terminating tariffed rate(s) for any other usage sensitive intrastate switched access rate element(s). (7) The total actual originating and terminating MOUs for the most recent 12-month period (August 1 through July 31) for each rate element in paragraphs (1) - (6) of this subsection that is billed on an MOU basis. (8) The total revenues for the most recent 12-month period (August 1 through July 31) received from any switched access monthly rate element used to transport or switch the access traffic listed in paragraphs (1) - (6) of this subsection that may be specifically attributable to the element identified (e.g., local switching, transport). (h) Requirements of COA/SPCOA holders compliance submissions. (1) No later than 20 days after the effective date of the commission order re-calculating the weighted statewide average composite usage sensitive switched access rates, COA/SPCOA holders shall: (A) file an application under subsection (f) of this section; or (B) file compliance tariffs/price lists to be effective 10 days from the filing date of the compliance tariffs/price lists containing originating and terminating usage sensitive intrastate switched access rates that do not exceed the prevailing rates charged by the CCN holder in each territory in which the COA/SPCOA holder operates; or (C) file compliance tariffs/price sheets with originating and terminating usage sensitive intrastate switched access rates that do not exceed the re-calculated weighted statewide average composite usage sensitive switched access rates established by the commission to be effective 10 days from the filing date of the compliance tariffs/price sheets; or (D) file a letter with the commission demonstrating that no rate revisions are necessary in order to comply with this section. (2) If a COA/SPCOA holder establishes usage sensitive intrastate switched access rates pursuant to paragraph (1)(B) of this subsection and the underlying CCN holder(s) whose rates were the basis for the COA/SPCOA holder's usage sensitive intrastate switched access rates are modified, no later than 20 days after said CCN holder's rates are modified, the COA/SPCOA holder shall: (A) file an application under subsection (f) of this section; or (B) file compliance tariffs/price lists to be effective 10 days from the filing date of the compliance tariffs/price lists containing originating and terminating usage sensitive intrastate switched access rates that do not exceed the prevailing rates charged by the CCN holder in each territory in which the COA/SPCOA holder operates; or (C) file compliance tariffs/price sheets with originating and terminating usage sensitive intrastate switched access rates that do not exceed the most recent commission established weighted statewide average composite usage sensitive switched access rates established by the commission to be effective 10 days from the filing date of the compliance tariffs/price sheets; or (D) file a letter with the commission demonstrating that no rate revisions are necessary in order to comply with this section.", "sourceNote": "Source Note: The provisions of this §26.223 adopted to be effective July 30, 2000, 25 TexReg 6978; amended to be effective September 4, 2006, 31 TexReg 7123; amended to be effective June 20, 2007, 32 TexReg 3584." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.224", "label": "Requirements Applicable to Basic Network Services for Chapter 58 Electing Companies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166760&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166760", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to any electing company, as the term is defined in the Public Utility Regulatory Act (PURA) §58.002. Other sections applicable to an electing company, include, but are not limited to, §26.225 of this title (relating to Requirements Applicable to Nonbasic Services for Chapter 58 Electing Companies), §26.226 of this title (relating to Requirements Applicable to Pricing Flexibility for Chapter 58 Electing Companies), and §26.227 of this title (relating to Procedures Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic Services for Chapter 58 Electing Companies).(b) Purpose. The purpose of this section is to establish requirements and procedures relating to the provision of basic network services.(c) Basic network services.(1) Services included in basic network services. Unless reclassified under PURA §58.024, the following are classified as basic network services under PURA §58.051(a):(A) Flat rate residential local exchange telephone service, including primary directory listings and the receipt of a directory and any applicable mileage or zone charges;(B) Residential tone dialing service;(C) Lifeline service;(D) Service connection for basic residential services;(E) Direct inward dialing service for basic residential services;(F) Private pay telephone access service;(G) Call trap and trace service;(H) Access for all residential and business end users to 9-1-1 service provided by a local authority and access to dual party relay service;(I) Mandatory residential extended area service arrangements; (J) Mandatory residential extended metropolitan service or other mandatory residential toll-free calling arrangements; and(K) Residential caller identification services if the customer to whom the service is billed is at least 65 years of age.(2) Separate tariff requirement. Consistent with PURA §58.051(b), a basic network service offered by an electing company to a customer as a component of a package or other pricing flexibility offering must also be offered by the electing company as a separately tariffed service.(3) Basic network service rates capped. The rates for basic network services for an electing company may not increase before September 1, 2005, except as provided for in subsection (f) of this section relating to rate increases prior to the rate cap expiration.(4) Basic network service rates charged. The rates an electing company may charge during the period in which rates are capped are the rates charged by the company on June 1, 1995, or, for a company that elects after September 1, 1999, the rates charged on the date of its election.(5) Pricing flexibility. An electing company may offer pricing flexibility for basic network services in accordance with the requirements of §26.226 of this title.(6) At the election of the affected incumbent local exchange company, the price for basic network service must also include the fees and charges for any mandatory extended area service arrangements, mandatory expanded toll-free calling plans, and any other service included in the definition of basic network service.(7) A nonpermanent expanded toll-free local calling service surcharge established by the commission to recover the costs of mandatory expanded toll-free local calling service:(A) is considered a part of basic network service;(B) may not be aggregated under subsection (c)(6) of this section; and(C) continues to be transitioned in accordance with commission orders and substantive rules.(d) Requirement for changes to terms of a tariff offering. Prior to being offered, a change in the terms of a basic network service tariff offering, such as rate increases and decreases of a basic network service, must receive commission approval. Section 26.207 of this title (relating to Form and Filing of Tariffs) and §26.208 of this title (relating to General Tariff Procedures) must apply to tariffs offering a basic network service.(e) Establishment of a long run incremental cost floor. For purposes of this section, long run incremental cost (LRIC) must be consistent with §26.215 of this title (relating to Long Run Incremental Cost Methodology for Dominant Certificated Telecommunications Utility (DCTU) Services). Establishment of a LRIC floor requires commission approval of a cost study prepared by an electing company in accordance with the standards in §26.214 of this title (relating to Long Run Incremental Cost (LRIC) Methodology for Services provided by Certain Incumbent Local Exchange Companies (ILECs) or §26.215 of this title, as applicable. After commission approval of a LRIC floor for a particular service, an electing company may change the rates of that service in accordance with the procedures in this section. The procedures in subsection (i) of this section, relating to rate decreases for basic network services, may not be available to an electing company for a service that does not have a LRIC floor.(f) Rate increase prior to rate cap expiration. For a four-year period following Chapter 58 election or until September 1, 2005, whichever occurs later, an increase in the rate for a basic network service is permitted only after commission approval and only within the following parameters:(1) A rate increase for changes made by the Federal Communications Commission, as provided by PURA §58.056;(2) A rate increase for companies with fewer than five million access lines that are complying with infrastructure commitments, as provided by PURA §58.057;(3) A rate group reclassification, as provided by PURA §58.058. (g) Procedure for a rate increase prior to rate cap expiration.(1) Prior to the rate cap expiration, an electing company is required to file an application to propose an increase in the rate for a basic network service. The application must refer to this section, must provide sufficient documentation to demonstrate that the rate increase meets the criteria prescribed in PURA Chapter 58, must describe the increase, and must identify the classes of customers and competitors to be affected by the electing company's application. The application must also include any tariff sheets reflecting the proposed basic network service rate increase, as well as all data necessary to support the application. The application must include a copy of the text of any proposed notice to customers. The proposed notice to customers must comply with §26.208 of this title and must meet the criteria prescribed in PURA §58.059 and §53.103. The application must also state the electing company's preferred effective date, which must be no earlier than 90 days after completion of notice.(2) The commission must cause notice of the application to be published in the Texas Register. The Texas Register notice must state the intervention deadline, which must be no earlier than 40 days following publication of notice. After publication of notice in the Texas Register, the presiding officer must establish a deadline for the filing of a staff recommendation, which must be no earlier than five days following the intervention deadline.(3) Within 20 days after filing of the application, the presiding officer must notify the applicant if material deficiencies exist in the application and if the proposed notice is inadequate.(4) Within 50 days after filing of the application, the applicant must file an affidavit attesting to the fact that notice to customers was published in accordance with the requirements of PURA §58.059 and §53.103. The affidavit must contain a copy of all notice given.(5) Following receipt of a request for intervention filed by an affected party, or on the recommendation of commission staff, or on the commission's own motion, the commission may suspend the effective date of the proposed rate increase and may hold a hearing. Within 185 days of the filing of a sufficient application, the commission must issue an order approving or modifying the rate increase or, alternatively, rejecting the rate increase if it is not in compliance with this section and PURA §§58.056, 58.057 or 58.058. Any order modifying or rejecting the proposed rate increase must specify why the proposed increase is not in compliance with the applicable provisions of PURA §§58.056, 58.057 or 58.058 and the means by which the proposed increase may be brought into compliance.(h) Rate increase after rate cap expiration. After a four-year period following Chapter 58 election or until September 1, 2005, whichever occurs later, a basic network service rate increase may be made in accordance with PURA §58.060.(i) Rate decrease. Consistent with PURA §58.055(c), an electing company may decrease a rate for a basic service at any time to an amount above the service's appropriate cost. If the electing company has been required to perform or has elected to perform a long run incremental cost study, the appropriate cost for the service is the service's long run incremental cost.(1) After commission approval of a LRIC floor, an electing company must follow the procedures in this subsection to decrease a rate for a basic network service or to change the tariff terms of a basic network service.(2) An electing company must file an application to decrease the rate for or change the tariff terms of a basic network service. On the same date, an electing company must file one or more tariff sheets to decrease a rate for or change the tariff terms of a basic network service with the application and all data necessary to support the application must accompany the tariff sheets.(3) The commission must cause notice of the application to be published in the Texas Register. The Texas Register notice must state the intervention deadline, which must be no earlier than 15 days following publication of notice. On or before five days after the intervention deadline, commission staff may file a recommendation to suspend, docket or reject the application. If either a request for intervention or a recommendation to docket is filed, the expedited administrative procedures in this subsection must no longer apply. If neither an intervention request nor a staff recommendation to suspend, docket or reject the application is filed, the tariff sheets must be approved by the commission effective ten days following the intervention deadline.(j) Proprietary or confidential information.(1) Information filed in accordance with this section is presumed to be public information. An electing company has the burden of establishing that information filed in accordance with this section is proprietary or confidential.(2) Nothing in this subsection must be construed to change the presumption that information filed in accordance with this rule is public information. An electing company that intends to rely upon data it purports is proprietary or confidential in support of an application made in accordance with this section must file such data confidentially. An electing company that intends to rely upon proprietary or confidential data has the burden of providing such data on the same date the associated tariff sheets are filed. In the event an electing company's proprietary or confidential data is not provided with the associated tariff sheets, the procedural schedule will be adjusted day-for-day to reflect the number of days the proprietary or confidential data is delayed.(k) Additional notice requirement for an electing company serving more than five million access lines. In addition to the notice requirements of §26.208 of this title and those applicable to informational notice filings, an electing company serving more than five million access lines in this state must, until September 1, 2003:(1) Comply with the following notice requirements when proposing any changes in the generally available prices and terms under which the electing company offers basic telecommunications services regulated by the commission at retail rates to subscribers that are not telecommunications providers, including:(A) Introduction of any new features or functions of basic services;(B) Promotional offerings of basic services; or(C) Discontinuation of then-current features or services.(2) Notice must be provided to the following persons:(A) A person who holds a certificate of operating authority in the electing company's certificated area or areas; or(B) A person who has an effective interconnection agreement with the electing company.(3) The following timelines must apply to the additional notice requirement:(A) If the electing company is required to give notice to the commission, at the same time the company provides that notice; or(B) If the electing company is not required to give notice to the commission, at least 45 days before the effective date of a price change or 90 days before the effective date of a change other than a price change, unless the commission determines that the notice should not be given.(l) Semi-annual notice for rates or terms of service. Semi-annually, an electing company must notify affected persons, either by bill insert, bill message, or direct mail, that proposed changes in the rates or terms of basic network services are regularly published in the Texas Register through the Office of the Secretary of State. Such notification must also appear in the public information pages of all telephone directories published in Texas. The notification must identify the Internet address for the Texas Register (www.sos.state.tx.us) and must provide a toll-free phone number for affected persons to request direct notice from an electing company of proposed changes in the rates or terms of service. For purposes of notice, affected persons include the applicant's Texas customers, persons registered with the commission to offer long distance service, and persons certificated by the commission to provide local exchange telephone service.", "sourceNote": "Source Note: The provisions of this §26.224 adopted to be effective October 23, 2000, 25 TexReg 10531; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective September 4, 2006, 31 TexReg 7123; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166760&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166760", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.225", "label": "Requirements Applicable to Nonbasic Services for Chapter 58 Electing Companies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166761&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166761", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to any electing company as the term is defined in the Public Utility Regulatory Act (PURA) §58.002. Other sections applicable to an electing company include, but are not limited to, §26.224 of this title (relating to Requirements Applicable to Basic Network Services for Chapter 58 Electing Companies), §26.226 of this title (relating to Requirements Applicable to Pricing Flexibility for Chapter 58 Electing Companies), and §26.227 of this title (relating to Procedures Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic Services for Chapter 58 Electing Companies). PURA §55.003 and §55.004 do not apply to the retail services offered by an electing company, or to the retail nonbasic services offered by a transitioning company, as defined by PURA §65.002.(b) Purpose. The purpose of this section is to establish requirements for nonbasic services.(c) Nonbasic services.(1) Consistent with PURA §58.151 and §58.024, these services are nonbasic services:(A) flat rate business local exchange telephone service, including primary directory listings and the receipt of a directory, and any applicable mileage or zone;(B) business tone dialing service;(C) service connection for all business services;(D) direct inward dialing (DID) for basic business services;(E) public pay telephone services, 0+ and 0- operator services and directory assistance services;(F) call forwarding, call return, caller identification, call waiting and other custom calling services and call control options, except that residential call waiting is a basic network service until July 1, 2006;(G) speed dialing and three-way calling;(H) central office based PBX-type services;(I) billing and collection services, including installment billing and late payment plans for electing company customers;(J) integrated services digital network (ISDN) services;(K) new services;(L) 1-plus intraLATA message toll service (MTS);(M) services described in the WATS tariff of an electing company as the tariff existed on January 1, 1995;(N) 800 service and foreign exchange service;(O) private line services and special access services;(P) paging services and mobile services (IMTS);(Q) 911 service provided to a local authority, if the service is available from a provider other than the electing company;(R) all other services subject to the commission's jurisdiction that are not specifically classified as basic network services in PURA §58.051;(S) any basic network service reclassified by the commission as a nonbasic service pursuant to PURA §58.024.(2) Consistent with PURA §58.155, neither interconnection to competitive providers nor interconnection for commercial mobile service providers is addressed in this section.(d) Substantive requirements. An electing company that seeks to introduce or modify rates, terms or conditions of a nonbasic service tariff shall follow the substantive requirements in this section and the procedural requirements in §26.227 of this title. Additionally, an electing company that seeks to flexibly price a nonbasic service shall follow the requirements in §26.226 of this title.(1) Pricing standards. The price of a nonbasic service may not be preferential, prejudicial, discriminatory, predatory, or anticompetitive.(A) Price ceilings. This subparagraph specifies the price ceilings for certain nonbasic services. Except as specified in this subparagraph, nonbasic services have no price ceiling.(i) Until September 1, 2005, a nonbasic service listed in subsection (c)(1)(A) - (D) of this section shall be priced at or below the price in effect on September 1, 1999.(ii) Until September 1, 2005, a Basic Rate Interface (BRI) ISDN service, which comprises up to two 64 Kbps B-channels and one 16 Kbps D-channel, shall be priced at or below the price in effect on September 1, 1999.(iii) An electing company shall provide to a residential customer the first three local directory assistance inquiries in a monthly billing cycle at a maximum price of zero dollars ($.00) until July 1, 2006.(iv) Consistent with PURA §58.302, switched access services shall be priced at or below the lesser of the rates in effect on September 1, 1999, or the applicable rates described in PURA §58.301 as those rates were further reduced when the Texas universal service fund was implemented on July 1, 2000.(B) Price floors. A price that is set at or above the long run incremental cost of providing a service is presumed not to be a predatory price. The long run incremental cost of a nonbasic service must be established before the price floor of a nonbasic service can be determined, pursuant to PURA §58.152. Establishment of a long run incremental cost requires commission approval of a cost study prepared by an electing company pursuant to the standards in §26.214 of this title (relating to Long Run Incremental Cost (LRIC) Methodology for Services Provided by Certain Incumbent Local Exchange Companies (ILECS)) or §26.215 of this title (relating to Long Run Incremental Cost Methodology for Dominant Certificated Telecommunications Utility (DCTU) Services), as applicable. Any application to establish or modify a long run incremental cost shall be filed by an electing company with the commission's Filing Clerk on or before the date a related informational notice is filed. Such an application shall be filed separately from the related informational notice. The minimum price of a nonbasic service shall be the lesser of:(i) the price for the service in effect on September 1, 1999, except that this clause shall not be considered for services that had either a rate of zero or no existing rate on September 1, 1999; or(ii) the long run incremental cost of the service in accordance with the imputation rules and requirements prescribed by or under PURA, Chapter 60, Subchapter D.(2) Separately tariffed services. Any nonbasic service offered by an electing company to customers as a component of a package or other pricing flexibility offering shall also be offered by the electing company as a separately tariffed service.(e) New service.(1) A new service, as the term is defined in §26.5 of this title (relating to Definitions), is a nonbasic service under subsection (c)(1)(K) of this section.(2) To introduce a new service tariff, an electing company shall follow the requirements in this section and the procedures in §26.227 of this title. If a new service is offered by an electing company as a component of a package, the new service shall also be offered as a separately tariffed service and the separately tariffed service shall be subject to the pricing standards in subsection (d) of this section.(3) A package of services that includes one or more new services and one or more existing services shall not be considered a new service. To introduce such a package, an electing company shall follow the requirements in this section, the requirements in §26.226 of this title and the procedures in §26.227 of this title.", "sourceNote": "Source Note: The provisions of this §26.225 adopted to be effective October 23, 2000, 25 TexReg 10534; amended to be effective September 4, 2006, 31 TexReg 7123; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166761&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166761", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.226", "label": "Requirements Applicable to Pricing Flexibility for Chapter 58 Electing Companies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166762&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166762", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to any electing company as the term is defined in the Public Utility Regulatory Act (PURA) §58.002. Other sections applicable to an electing company, include, but are not limited to §26.211 of this title (relating to Rate-Setting for Services Subject to Significant Competitive Challenges), §26.224 of this title (relating to Requirements Applicable to Basic Network Services for Chapter 58 Electing Companies), §26.225 of this title (relating to Requirements Applicable to Nonbasic Services for Chapter 58 Electing Companies) and §26.227 of this title (relating to Procedures Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic Services for Chapter 58 Electing Companies). PURA §55.003 and §55.004 do not apply to the retail services offered by an electing company, or to the retail nonbasic services offered by a transitioning company, as defined by PURA §65.002.(b) Purpose. The purpose of this section is to establish requirements for Chapter 58 electing incumbent local exchange companies (ILECs) to exercise pricing flexibility.(c) Pricing flexibility. An electing ILEC shall exercise pricing flexibility in accordance with this section and §26.227 of this title.(1) Pricing flexibility includes:(A) customer specific contracts;(B) packaging of services;(C) volume, term, and discount pricing;(D) zone density pricing, with a zone to be defined as an exchange; and(E) other promotional pricing.(2) A discount or other form of pricing flexibility for a basic or nonbasic service may not be preferential, prejudicial, discriminatory, predatory or anticompetitive.(3) This section does not prohibit a volume discount or other discount based on a reasonable business purpose.(4) Notwithstanding PURA §58.052(b) or PURA, Chapter 60, Subchapter F, an electing company may exercise pricing flexibility for basic network services, including the packaging of basic network services with any other regulated or unregulated service or any service of an affiliate.(5) An electing company may flexibly price a package that includes a basic network service in any manner provided by paragraph (1) of this subsection.(6) An electing company may use pricing flexibility for a basic or nonbasic service.(d) Pricing standards. An electing company exercising pricing flexibility shall price its offerings pursuant to this subsection.(1) The electing ILEC shall set the price of a package of services containing basic network services and nonbasic services at any level at or above the lesser of:(A) the sum of the long run incremental costs of any basic network services and nonbasic services contained in the package; or(B) the sum of tariffed prices of any basic network services contained in the package and the long run incremental costs of nonbasic services contained in the package.(2) A price that is set at or above the long run incremental cost of a service is presumed not to be a predatory price.(3) The price of a package that combines regulated products or services with unregulated products or services shall, in addition to the requirements of paragraph (1) of this subsection, recover the cost to the electing company of acquiring and providing the unregulated products or services. In this section, unregulated products or services are products or services provided by an entity that is unaffiliated with the electing company.(4) The price of a package that combines regulated products or services with the products or services of an affiliate shall, in addition to the requirements of paragraph (1) of this subsection, recover the cost to the electing company of acquiring and providing the affiliate products or services, which shall be greater than or equal to the cost to the affiliate of acquiring and/or providing the products or services. The cost to the electing company of acquiring or providing the affiliate's products or services shall be valued in a manner consistent with FCC requirements and with paragraph (5) of this subsection. A group of products or services that are jointly marketed by an electing company in conjunction with one or more of its affiliates shall be priced in a manner consistent with FCC requirements, if any, and with paragraph (5) of this subsection.(5) Consistent with PURA §52.051(1)(C), an electing company shall not use revenues from regulated monopoly services to subsidize services subject to competition.(e) Requirements for customer-specific contracts. Consistent with PURA §58.003, an electing ILEC may enter into customer-specific contracts for certain basic network services and certain nonbasic services as provided in this subsection. An electing ILEC may but is not required to file customer-specific contracts with the commission.(1) An electing company serving fewer than five million access lines may offer customer-specific contracts in accordance with this subsection.(A) An electing company serving fewer than five million access lines shall not offer customer-specific contracts until it notifies the commission of the company's binding commitment to make the following infrastructure improvements consistent with PURA §58.003(b):(i) install Common Channel Signaling 7 capability in each central office; and(ii) connect all of the company's serving central offices to their respective local access and transport area (LATA) tandem central offices with optical fiber or equivalent facilities.(B) The commitments described by subparagraph (A) of this paragraph do not apply to exchanges of the company sold or transferred before, or for which contracts for sale or transfer are pending on, September 1, 2001. In the case of exchanges for which contracts for sale or transfer are pending as of March 1, 2001, where the purchaser withdrew or defaulted before September 1, 2001, the company shall have one year from the date of withdrawal or default to comply with the commitments.(2) An electing company serving more than five million access lines may offer customer specific contracts in accordance with this subsection.(A) Unless the other party to the contract is a federal, state, or local governmental entity, an electing company serving more than five million access lines may not offer in an exchange a service, or an appropriate subset of a service, listed in PURA §58.051(a)(1) - (4) or §58.151(1) - (4) in a manner that results in a customer-specific contract until the earlier of:(i) September 1, 2003; or(ii) the date on which the commission finds that at least 40% of the total access lines for that service or appropriate subset of that service in that exchange are served by competitive alternative providers that are not affiliated with the electing company.(B) Pursuant to subparagraph (A)(ii) of this paragraph, the commission may find that the following subsets of services are served by an alternative provider that is not affiliated with an ILEC serving more than five million access lines:(i) flat residential rate local exchange telephone service;(ii) residential primary directory listings;(iii) residential tone dialing service;(iv) lifeline and tel-assistance service;(v) service connection for basic residential services;(vi) flat business rate local exchange telephone service;(vii) business primary directory listings;(viii) business tone dialing service;(ix) service connection for all business services;(x) direct inward dialing for basic business services; and(xi) receipt of a directory.(3) This subsection does not preclude an electing company from offering a customer-specific contract to the extent allowed by PURA as of August 31, 1999.", "sourceNote": "Source Note: The provisions of this §26.226 adopted to be effective October 23, 2000, 25 TexReg 10538; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166762&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166762", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.227", "label": "Procedures Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic Services for Chapter 58 Electing Companies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166763", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to any electing company as the term is defined in the Public Utility Regulatory Act (PURA) §58.002 who chooses to offer nonbasic services and/or exercise pricing flexibility for basic and nonbasic services through informational notice filings. Other sections applicable to an electing company include, but are not limited to, §26.224 of this title (relating to Requirements Applicable to Basic Network Services for Chapter 58 Electing Companies), §26.225 of this title (relating to Requirements Applicable to Nonbasic Services for Chapter 58-Electing Companies) and §26.226 of this title (relating to Requirements Applicable to Pricing Flexibility for Chapter 58 Electing Companies). Notwithstanding other provisions of this section, PURA §55.003 and §55.004 do not apply to the retail services offered by an electing company, or to the retail nonbasic services offered by a transitioning company, as defined by PURA §65.002.(b) Purpose. The purpose of this section is to establish procedures for an electing company that chooses to provide an informational notice to introduce nonbasic services, including new services, and/or to exercise pricing flexibility for basic and nonbasic services, and for complaints regarding service offerings introduced through informational notice filings.(c) Informational notice filing and notice requirements related to pricing flexibility and nonbasic services, including new services.(1) Notice requirements.(A) General notice requirements. An electing company shall provide the informational notice in compliance with this section to the commission, to the Office of Public Utility Counsel (OPC), and to any person who holds a certificate of operating authority in the electing company's certificated area or areas, or who has an effective interconnection agreement with the electing company.(B) Unless an interconnection agreement contract specifies otherwise, an incumbent local exchange carrier shall continue to provide to affected resellers of retail services the same notice of rate changes or withdrawal of detariffed services that it was required to provide prior to detariffing.(2) Filing requirements:(A) Filing of informational notice and confidential information. At the time the informational notice is filed in Central Records, a copy of the informational notice, including confidential information, shall be delivered to OPC. In addition to the record copy, an additional copy of any confidential information shall be filed in Central Records for use by the commission staff.(i) The commission shall assign each informational notice a unique control number and shall stamp the tariff sheets \"received\".(ii) The commission staff shall file any notice of deficiencies for incomplete filings not in compliance with this section or pleading alleging that the service offering is inappropriately filed as an informational notice filing within three working days after the date of the filing of the informational notice.(iii) Within two working days after the date of the commission staff's filing, the applicant shall file an explanation of the actions it has taken or intends to take in response to a notice or pleading filed under clause (ii) of this subparagraph.(B) Effective date. A service offering shall be effective no earlier than ten days after the electing company files a complete informational notice with the commission.(C) Access to confidential information. Access to confidential information filed with the commission as part of an informational notice filing shall be available to commission staff and OPC, upon execution of a commission approved protective agreement, at the time the informational notice is filed.(D) Format of filing. An informational notice under this section must include the following elements:(i) name of company;(ii) PURA chapter under which company operates;(iii) date of submission;(iv) effective date;(v) new and/or revised tariff pages, written in plain language and conforming with §26.207 of this title (relating to Form and Filing of Tariffs); except that an informational notice filing that cross-references the rates, terms, and/or conditions of the utility's interstate switched-access tariff for an equivalent service may be considered sufficient. To implement concurrence of a utility's federal interstate switched-access tariff and its Texas intrastate switched-access tariff, the utility in the informational notice portion of its initial filing shall reference the uniform resource locator (URL or worldwide web address) on the Federal Communications Commission (FCC) website specific to the interstate switched-access tariff. Additionally, the utility shall reference the URL on the utility's commercial website specific to the intrastate switched-access tariff either in the informational notice portion of the filing or in the page(s) attached to the informational notice portion of the filing. Thereafter, the utility must notify the commission, in an informational notice filing, within 10 business days of any changes to the referenced concurring interstate rates. In any such filing, the utility shall provide in the informational notice portion of its filing the corresponding FCC Transmittal Number, reference the URL on the FCC website specific to the transmittal, specify which rate elements changed, and reference the URL on the utility's commercial website specific to the intrastate switched-access tariff. The utility must also file an update to any URL(s) referenced in its intrastate tariff within 10 business days of any changes to such URL(s). If switched-access rates are no longer required to concur with federal rates, a new tariff must be filed;(vi) proposed implementation date (if different from effective date);(vii) affidavit of notice to OPC, COA holders, and parties to interconnection agreements;(viii) type of filing (new service; pricing flexibility involving basic service; non-basic only pricing flexibility; packaging, term and volume discount or promotional offering regulated by PURA §58.004; customer specific contract; customer specific contract regulated by PURA §58.003; promotional offering);(ix) relevant Long Run Incremental Cost (LRIC) study or LRIC study reference, and relevant support materials (confidential/proprietary/protected materials provided to commission only). When LRIC studies for which commission approval has not been obtained are provided with an informational notice filing, an application for approval of that LRIC study must be filed pursuant to the standards in §26.214 of this title (relating to Long Run Incremental Cost (LRIC) Methodology for Services Provided by Certain Incumbent Local Exchange Companies (ILECs)) or §26.215 of this title (relating to Long Run Incremental Cost Methodology for Dominant Certificated Telecommunications Utility (DCTU) Services), as applicable, to establish a LRIC floor and shall be filed before or simultaneously with the informational filing. The electing company shall file a notice of intent to file LRIC studies pursuant to §26.214 or §26.215 of this title no later than ten days prior to the filing of the LRIC study;(x) a response of \"yes\", \"no\", or \"not applicable\", with explanatory language to the following question: \"Is the sum of the Total Element Long Run Incremental Cost (TELRIC)-based wholesale prices of components needed for provision of the retail service at or below the retail price set forth in this filing?\" If the response is \"yes\" or \"no\", the filing must identify the components needed for the provision of the retail service, along with a list of relevant wholesale and retail prices;(xi) a response of \"yes\" or \"no\" to the following question: \"Is the service available for resale by a competitor? If the answer is \"no\", does the proposed price meet the standards set forth in §26.274(f) - (h) of this title (relating to Imputation)?\" For purposes of this question, \"available for resale\" means:(I) the service is not subject to tariffed resale restrictions; and(II) the electing company is not aware of any constraints that would prevent a competitor from functionally provisioning the service to the competitor's customers in parity with the electing company's provisioning of the service to the electing company's customers;(xii) for package offerings that combine regulated products or services with unregulated products or services and/or with the products or services of an electing company's affiliate, an affidavit indicating that the price of the package, in addition to the requirements of §26.226(d)(1) of this title, also recovers the cost to the electing company of acquiring and providing the unregulated products or services or the affiliate's products or services. The affidavit shall also indicate that the cost to the electing company of acquiring and providing an affiliate's products or services is greater than or equal to the cost to the affiliate of acquiring and/or providing the products or services. The cost to an electing company of acquiring or providing the affiliate's products or services shall be valued in a manner consistent with FCC requirements and with §26.226(d)(5) of this title. For a joint marketing effort that includes regulated products or services and the products or services of an affiliate, an affidavit shall be provided by each affected affiliate attesting that the affiliate's costs are recovered in a manner consistent with §26.226(d)(5) of this title and FCC requirements, if any;(xiii) description of the offering's terms and conditions, including location of service or a statement that it is to be provided state-wide; and(xiv) a privacy concerns statement.(d) Disputes as to sufficiency or appropriateness of informational notice filing.(1) If the electing company advises the commission by written filing that a dispute exists with respect to a notice of deficiency or the inappropriateness of an informational notice, and requests the assignment of an administrative law judge to resolve the dispute, the commission will consider the dispute to be a contested case.(2) A contested case will also exist if the commission files a complaint addressing sufficiency or appropriateness of an informational notice filing.(3) Parties other than the commission staff may not challenge the sufficiency of an informational notice filing.(e) Complaints regarding service offerings introduced by informational notice filings. An affected person, OPC, or the commission may file a complaint at the commission on or after the date the informational notice has been filed. The filing of a complaint will initiate a contested case.(1) A complaint addressing an informational notice filing may challenge whether the filing is in compliance with PURA and/or commission substantive rules.(2) If a complaint challenging the price of a new service is resolved in a final order issued by this commission in favor of the complainant, the electing company shall either:(A) not later than the tenth day after the date the complaint is finally resolved, amend the price of the service as necessary to comply with the final resolution; or(B) discontinue the service.(3) The commission shall dismiss a complaint filed prior to the filing of an informational notice on the grounds that the commission lacks jurisdiction to hear the complaint.(4) All complaints shall be docketed and governed by the commission's procedural rules and shall be filed and reviewed pursuant to the following requirements:(A) Complaints shall be captioned: COMPLAINT BY {NAME OF COMPLAINANT} REGARDING TARIFF CONTROL NUMBER(S) {NUMBER(S)} {STYLE OF TARIFF CONTROL NUMBER}.(B) Processing. The commission shall assign each complaint filed with respect to an informational notice a unique control number. The presiding officer shall cause a copy of each complaint, bearing the assigned control number, to be filed in the relevant tariff control number(s) for the related informational notice filings.(5) The commission staff shall have standing in all proceedings related to informational notice filings before the commission, and may intervene by filing a notice of intervention, at any time prior to determination on the merits. No motion is necessary for such intervention.(6) A complaint filed pursuant to this section shall be considered to be an exception to the informal resolution requirements of §22.242(c) of this title (relating to Complaints).(f) Interim relief. A tariff for a new service introduced by an informational notice may not be suspended during the pendency of any complaint. All other tariffs introduced by informational notice filings will remain in effect during the pendency of any complaint unless interim relief suspending the tariff is granted pursuant to this subsection.(1) Any request that a tariff be suspended during the pendency of a complaint must meet the following requirements:(A) the pleading must state an appropriate and bona fide cause of action;(B) the pleading must be verified or supported with affidavits based on personal knowledge; and(C) the pleading must set forth the following elements: probable right of recovery, probable and irreparable injury in the interim, and no adequate alternative remedy.(2) The presiding officer shall schedule a hearing on interim relief in the form of suspension of a tariff on an expedited basis.(3) The burden of proof shall be upon the complainant with respect to each element of proof necessary to obtain any interim relief requested by the complainant.(g) A telecommunications provider that is not subject to rate-of-return regulation under PURA, Chapter 53:(1) may, but is not required to, maintain on file with the commission tariffs, price lists, or customer service agreements governing the terms of providing service;(2) may make changes in its tariffs, price lists, and customer service agreements in relation to services that are not subject to regulation without commission approval; and(3) may cross-reference its federal tariff in its state tariff if its intrastate switched access rates are the same as its interstate switched access rates.(h) A telecommunications provider may withdraw a tariff, price list, or customer service agreement not required to be filed or maintained with the commission under this section if the provider:(1) files written notice of the withdrawal with the commission; and(2) notifies its customers of the withdrawal and posts the current tariffs, price lists, or generic customer service agreements on its Internet website.", "sourceNote": "Source Note: The provisions of this §26.227 adopted to be effective October 23, 2000, 25 TexReg 10544; amended to be effective March 8, 2010, 35 TexReg 1991; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166763", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.228", "label": "Requirements Applicable to Chapter 52 Companies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166764", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to incumbent local exchange companies (ILECs), as defined in the Public Utility Regulatory Act (PURA) §51.002(3), which have not elected to be regulated pursuant to PURA Chapters 58 or 59.(b) Purpose. The purpose of this section is to establish the substantive and procedural requirements for an ILEC to introduce new services and/or to exercise pricing and packaging flexibility, including customer promotional offerings, and for complaints regarding service offerings introduced by informational notice offerings.(c) New services. The term \"new services\" has the meaning assigned in §26.5 of this title (relating to Definitions) and shall include services for which no rate was in effect on September 1, 1999. An ILEC may file an informational notice to introduce a new service. An ILEC filing an informational notice pursuant to this subsection shall file the appropriate information in accordance with subsection (g)(2) of this section.(1) Pricing standards.(A) An ILEC shall price each new service at or above the service's long run incremental cost (LRIC).(B) The price of a new service may not be preferential, prejudicial, discriminatory, predatory, or anticompetitive.(C) A price that is set at or above the service's LRIC is presumed not to be predatory.(2) LRIC studies. An ILEC may establish a service's LRIC by submitting a LRIC study, as specified in subsection (g)(2)(D)(ix) of this section, that conforms to the requirements of §26.214 of this title (relating to Long Run Incremental Cost (LRIC) Methodology for Services Provided by Certain Incumbent Local Exchange Companies (ILECs)).(3) LRIC adoption. An ILEC serving fewer than one million access lines in Texas may establish a service's LRIC by adopting the commission-approved cost studies of a larger company for the same service.(4) Rate adoption. In lieu of filing a LRIC study or adopting the LRIC studies of a larger company, an ILEC with less than one million access lines may adopt a rate that is identical to or higher than a larger company's tariffed rate for the same service.(5) Packaging of new services. If an ILEC offers a new service as a component of a package, the ILEC shall also offer the new service as a separately tariffed service.(d) Pricing and packaging flexibility. An ILEC may file an informational notice to exercise pricing and packaging flexibility by filing the appropriate information in accordance with subsection (g)(2) of this section.(1) General requirements.(A) Pricing flexibility includes:(i) customer specific contracts;(ii) packaging of services;(iii) volume, term, and discount pricing;(iv) zone density pricing, with a zone defined as an exchange; and(v) other promotional pricing.(B) A discount or other form of pricing flexibility may not be preferential, prejudicial, discriminatory, predatory, or anticompetitive.(C) An ILEC may exercise pricing flexibility, including the packaging or joint marketing of any regulated service with any other regulated or unregulated service or any service of an affiliate.(2) Pricing standards.(A) An ILEC shall price each regulated service offered separately or as part of a package at either the service's tariffed rate or at a rate not lower than the service's LRIC.(B) An ILEC shall price each service at or above the service's LRIC.(C) A price that is set at or above the service's LRIC is presumed not to be predatory.(D) The price of a package that combines regulated products or services with unregulated products or services shall recover the cost to the ILEC of acquiring and providing the unregulated products or services. In this section, unregulated products or services are products or services provided by an entity that is unaffiliated with the ILEC.(E) The price of a package that combines regulated products or services with the products or services of an affiliate shall recover the cost to the ILEC of acquiring and providing its affiliate's products or services, which shall be greater than or equal to the cost to the affiliate of acquiring and/or providing the products or services. The cost to an ILEC of acquiring or providing the affiliate's products or services shall be valued in a manner consistent with Federal Communications Commission (FCC) requirements, to the extent such requirements are applicable to the ILEC, and with subparagraph (F) of this paragraph. A group of products or services that are jointly marketed by an ILEC in conjunction with one or more of its affiliates shall be priced in a manner consistent with FCC requirements, to the extent such requirements are applicable to the ILEC, and with subparagraph (F) of this paragraph.(F) Consistent with PURA §52.051(1)(C), an ILEC shall not use revenues from regulated monopoly services to subsidize services subject to competition.(3) LRIC studies. An ILEC may establish a service's LRIC by submitting a LRIC study, as specified in subsection (g)(2)(D)(ix) of this section, that conforms to the requirements of §26.214 of this title.(4) LRIC adoption. An ILEC serving fewer than one million access lines in Texas may establish a service's LRIC by adopting the commission-approved cost studies of a larger company for the same services.(5) Rate adoption. In lieu of filing a LRIC study or adopting the LRIC studies of a larger company, an ILEC with less than one million access lines may adopt a rate that is identical to or higher than a larger company's tariffed rate for the same service.(e) Customer promotional offerings. An ILEC may file an informational notice to offer customer promotional offerings by filing the appropriate information in accordance with subsection (g)(2) of this section.(1) An ILEC may offer a promotion for a regulated service for not more than 90 days in any 12-month period.(2) Customer promotional offerings may consist of:(A) a waiver of installation charges or service order charges, or both, for not more than 90 days in a 12-month period; or(B) a temporary discount of not more than 25% from the tariffed rate for not more than 60 days in a 12-month period.(3) Although ILECs are not required to file LRIC studies with informational notices regarding these customer promotional offerings, the offerings are subject to the standards for pricing flexibility in subsection (d) of this section, in the event of a complaint.(f) Requirements for customer specific contracts. An ILEC may enter into customer-specific contracts for certain services as provided in §26.211 of this title (relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges). For all services not addressed in §26.211 of this title, an ILEC must offer customer-specific contracts pursuant to this section.(g) Procedures related to the filing of informational notices and associated tariffs. The provisions of this subsection apply to ILECs choosing to introduce new services and exercise pricing and packaging flexibility including customer promotional offerings through informational notice filings.(1) Notice requirements.(A) An ILEC shall provide the informational notice in compliance with this section to the commission, to the Office of Public Utility Counsel (OPC), and to any person who holds a certificate of operating authority in the ILEC's certificated area or areas, or who has an effective interconnection agreement with the ILEC.(B) Unless an interconnection agreement contract specifies otherwise, an incumbent local exchange carrier shall continue to provide to affected resellers of retail services the same notice of rate changes or withdrawal of detariffed services that it was required to provide prior to detariffing.(2) Filing requirements.(A) Filing of informational notice and confidential information. At the time the informational notice is filed in Central Records, a copy of the informational notice, including confidential information, shall be delivered to OPC. In addition to the record copy, an additional copy of any confidential information shall be filed in Central Records for use by the commission staff.(i) The commission shall assign each informational notice a unique control number and shall stamp the tariff sheets \"received.\"(ii) The commission staff shall file any notice of deficiencies (including deficiencies in LRIC studies submitted) for incomplete filings not in compliance with this section or pleading alleging that the service offering is inappropriately filed as an informational notice filing within three working days after the date of the filing of the informational notice.(iii) Within two working days after the date of the commission staff's filing, the applicant shall file an explanation of the actions it has taken or intends to take in response to a notice or pleading filed under clause (ii) of this subparagraph.(B) Effective date. A service offering shall be effective no earlier than ten days after the ILEC files a complete informational notice with the commission.(C) Access to confidential information. Access to confidential information filed with the commission as part of an informational notice filing shall be available to commission staff and OPC, upon execution of a commission approved protective agreement, at the time the informational notice is filed.(D) Format of filing. An informational notice under this section must include the following elements:(i) name of company;(ii) PURA chapter under which company operates;(iii) date of submission;(iv) effective date;(v) new and/or revised tariff pages, written in plain language and conforming to the requirements of §26.207 of this title (relating to Form and Filing of Tariffs);(vi) proposed implementation date (if different from effective date);(vii) affidavit of notice to the Office of Public Utility Counsel, certificate of operating authority holders, and parties to interconnection agreements;(viii) type of filing (new service; pricing flexibility; packaging, or promotional offering; customer specific contract);(ix) except for customer promotional offerings, relevant LRIC study or LRIC study reference, and relevant support materials (confidential/proprietary/protected materials provided to commission only). When LRIC studies for which commission approval has not been obtained are provided with an informational notice filing, an application for approval of that LRIC study must be filed pursuant to the standards in §26.214 of this title to establish a LRIC floor and shall be filed before or simultaneously with the informational notice filing. The ILEC shall file a notice of intent to file LRIC studies pursuant to §26.214 of this title no later than ten days before the filing of the LRIC study;(x) except for customer promotional offerings, relevant LRIC study or LRIC study reference, and relevant supporting materials (confidential/proprietary/protected materials provided to commission only), if an ILEC chooses to adopt LRIC studies of a larger company pursuant to the requirements of subsection (c)(3) or (d)(4) of this section, as applicable;(xi) except for customer promotional offerings, relevant tariff rates or specific tariff references, if the ILEC chooses to adopt rates of a larger company pursuant to requirements of subsection (c)(4) or (d)(5) of this section, as applicable;(xii) a response of \"yes\", \"no\", or \"not applicable\", with explanatory language, to the following question: \"Is the sum of the TELRIC-based wholesale prices of components needed for provision of the retail service at or below the retail price set forth in this filing?\" Except for customer promotional offerings, if the response is \"yes\" or \"no\", the filing must identify the components needed for the provision of the retail service, along with a list of relevant wholesale and retail prices;(xiii) a response of \"yes\" or \"no\" to the following question: \"Is the service available for resale by a competitor?\" If the answer is \"no\", does the proposed price meet the standards set forth in §26.274(f) - (h) of this title (relating to Imputation)? For purposes of this question, \"available for resale\" means:(I) the service is not subject to tariffed resale restrictions; and(II) the ILEC is not aware of any constraints that would prevent a competitor from functionally provisioning the service to the competitor's customers in parity with the ILEC's provisioning of the service to the ILEC's customers;(xiv) for package offerings that combine regulated products or services with unregulated products or services and/or with the products or services of an ILEC's affiliate, an affidavit indicating that the price of the package recovers the cost to the ILEC of acquiring and providing the unregulated products or services or the affiliate's products or services. The affidavit shall also indicate that the cost to the ILEC of acquiring and providing an affiliate's products or services is greater than or equal to the cost to the affiliate of acquiring and/or providing the products or services. The cost to an ILEC of acquiring or providing the affiliate's products or services shall be valued in a manner consistent with FCC requirements, to the extent FCC requirements are applicable to the ILEC, and with subsection (d)(2)(F) of this section. For a joint marketing effort that includes regulated products or services and the products or services of an affiliate, an affidavit shall be provided by each affected affiliate attesting that the affiliate's costs are recovered in a manner consistent with subsection (d)(2)(F) of this section and FCC requirements, to the extent FCC requirements are applicable to the ILEC;(xv) description of the offering's terms and conditions, including location of service or a statement that it is to be provided state-wide; and(xvi) a privacy concerns statement.(E) For customer promotional offerings:(i) Affidavit that a promotion for this service has not exceeded 90 days for the previous 12-month period.(ii) Promotional tariff or letter identifying the promotional service and whether it is for a waiver of installation or service order charges, or both (90 days) or a discount of 25% or less (60 days).(3) Disputes as to sufficiency or appropriateness of informational notice filing.(A) If the ILEC advises the commission by written filing that a dispute exists with respect to a notice of deficiency or the inappropriateness of an informational notice, and requests the assignment of an administrative law judge to resolve the dispute, the commission will consider the dispute to be a contested case.(B) A contested case will also exist if the commission files a complaint addressing sufficiency or appropriateness of an informational notice filing.(C) Parties other than the commission staff may not challenge the sufficiency of an informational notice filing.(4) Complaints regarding service offerings introduced by informational notice filings.(A) Subject to subparagraph (E) of this paragraph, an affected person, the OPC, or the commission may file a complaint at the commission on or after the date the informational notice has been filed. The filing of a complaint will initiate a contested case.(B) A complaint addressing an informational notice involving pricing flexibility, including customer promotions, may challenge whether the filing is in compliance with PURA and the commission substantive rules.(C) A complaint addressing an informational notice involving a new service may challenge whether the tariff is in compliance with the pricing standards of PURA and commission substantive rules. If the complaint is finally resolved in a final order issued by the commission in favor of the complainant, the ILEC shall either:(i) not later than the tenth day after the date the complaint is finally resolved, amend the price of the service as necessary to comply with the final resolution; or(ii) discontinue the service.(D) The commission shall dismiss a complaint filed prior to the filing of an informational notice on the grounds that the commission lacks jurisdiction to hear the complaint.(E) The commission shall consider any complaint alleging that the pricing of a regulated service does not meet the pricing standards of PURA and commission substantive rules, which is filed 31 or more days after the implementation date of the tariff, to be untimely.(F) All complaints shall be docketed and governed by the commission's procedural rules and shall be filed and reviewed pursuant to the following requirements:(i) Complaints shall be captioned: COMPLAINT BY {NAME OF COMPLAINANT} REGARDING TARIFF CONTROL NUMBER(S) {NUMBER(S)} {STYLE OF TARIFF CONTROL NUMBER}.(ii) Processing. The commission shall assign each complaint filed with respect to an informational notice a unique control number. The presiding officer shall cause a copy of each complaint, bearing the assigned control number, to be filed in the relevant tariff control number(s) for the related informational notice(s).(G) The commission staff shall have standing in all proceedings related to informational notice filings before the commission and may intervene by filing a notice of intervention at any time prior to determination on the merits. No motion is necessary for such intervention.(H) A complaint filed pursuant to this section shall be considered to be an exception to the informal resolution requirements of procedural rule §22.242(c) of this title (relating to Complaints).(5) Interim relief. All tariffs introduced by informational notice filings will remain in effect during the pendency of any complaint unless interim relief suspending the tariff is granted pursuant to this subsection.(A) Any request that a tariff be suspended during the pendency of a complaint must meet the following requirements:(i) the pleading must state an appropriate and bona fide cause of action;(ii) the pleading must be verified or supported with affidavits based on personal knowledge; and(iii) the pleading must set forth the following elements: probable right of recovery, probable and irreparable injury in the interim, and no adequate alternative remedy.(B) The presiding officer shall schedule a hearing on interim relief in the form of suspension of a tariff on an expedited basis.(C) The burden of proof shall be upon the complainant with respect to each element of proof necessary to obtain any interim relief requested by the complainant.", "sourceNote": "Source Note: The provisions of this §26.228 adopted to be effective October 23, 2000, 25 TexReg 10551; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166764", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.229", "label": "Requirements Applicable to Chapter 59 Electing Companies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166765", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to electing companies, as defined in the Public Utility Regulatory Act (PURA) §59.002(1).(b) Purpose. The purpose of this section is to establish the substantive and procedural requirements for an electing company that chooses to provide an informational notice to introduce new services and/or to exercise pricing and packaging flexibility, including customer promotional offerings, and for complaints regarding service offerings introduced by informational notice offerings.(c) New services. The term \"new services\" has the meaning assigned in §26.5 of this title (relating to Definitions) and shall include services for which no rate was in effect on September 1, 1999. An electing company may file an informational notice to introduce a new service. An electing company filing an informational notice pursuant to this subsection shall file the appropriate information in accordance with subsection (g)(2) of this section.(1) Pricing standards.(A) An electing company shall price each new service at or above the service's long run incremental cost (LRIC).(B) The price of a new service may not be preferential, prejudicial, discriminatory, predatory, or anticompetitive.(C) A price that is set at or above the service's LRIC is presumed not to be predatory.(2) LRIC studies. An electing company may establish a service's LRIC by submitting a LRIC study, as specified in subsection (g)(2)(D)(ix) of this section, that conforms to the requirements of §26.214 of this title (relating to Long Run Incremental Cost (LRIC) Methodology for Services Provided by Certain Incumbent Local Exchange Companies (ILECs)).(3) LRIC adoption. An electing company serving fewer than one million access lines in Texas may establish a service's LRIC by adopting the commission-approved cost studies of a larger company for the same service.(4) Rate adoption. In lieu of filing a LRIC study or adopting the LRIC studies of a larger company, an electing company with less than one million access lines may adopt a rate that is identical to or higher than a larger company's tariffed rate for the same service.(5) Packaging of new services. If an electing company offers a new service as a component of a package, the electing company shall also offer the new service as a separately tariffed service.(d) Pricing and packaging flexibility. An electing company may file an informational notice to exercise pricing and packaging flexibility by filing the appropriate information in accordance with subsection (g)(2) of this section.(1) General requirements.(A) Pricing flexibility includes:(i) customer specific contracts;(ii) packaging of services;(iii) volume, term, and discount pricing;(iv) zone density pricing, with a zone defined as an exchange; and(v) other promotional pricing.(B) A discount or other form of pricing flexibility may not be preferential, prejudicial, discriminatory, predatory, or anticompetitive.(C) An electing company may exercise pricing flexibility, including the packaging or joint marketing of any regulated service with any other regulated or unregulated service or any service of an affiliate.(2) Pricing standards.(A) An electing company shall price each regulated service offered separately or as part of a package at either the service's tariffed rate or at a rate not lower than the service's LRIC.(B) An electing company shall price each service at or above the service's LRIC.(C) A price that is set at or above the service's LRIC is presumed not to be predatory.(D) The price of a package that combines regulated products or services with unregulated products or services shall recover the cost to the electing company of acquiring and providing the unregulated products or services. In this section, unregulated products or services are products or services provided by an entity that is unaffiliated with the electing company.(E) The price of a package that combines regulated products or services with the products or services of an affiliate shall recover the cost to the electing company of acquiring and providing its affiliate's products or services, which shall be greater than or equal to the cost to the affiliate of acquiring and/or providing the products or services. The cost to an electing company of acquiring or providing the affiliate's products or services shall be valued in a manner consistent with Federal Communications Commission (FCC) requirements, to the extent such requirements are applicable to the electing company, and with subparagraph (F) of this paragraph. A group of products or services that are jointly marketed by an electing company in conjunction with one or more of its affiliates shall be priced in a manner consistent with FCC requirements, to the extent such requirements are applicable to the electing company, and with subparagraph (F) of this paragraph.(F) Consistent with PURA §52.051(1)(C), an electing company shall not use revenues from regulated monopoly services to subsidize services subject to competition.(3) LRIC studies. An electing company may establish a service's LRIC by submitting a LRIC study, as specified in subsection (g)(2)(D)(ix) of this section, that conforms to the requirements of §26.214 of this title.(4) LRIC adoption. An electing company serving fewer than one million access lines in Texas may establish a service's LRIC by adopting the commission-approved cost studies of a larger company for the same services.(5) Rate adoption. In lieu of filing a LRIC study or adopting the LRIC studies of a larger company, an electing company with less than one million access lines may adopt a rate that is identical to or higher than a larger company's tariffed rate for the same service.(e) Customer promotional offerings. An electing company may file an informational notice to offer customer promotional offerings by filing the appropriate information in accordance with subsection (g)(2) of this section.(1) An electing company may offer a promotion for a regulated service for not more than 90 days in any 12-month period.(2) Customer promotional offerings may consist of:(A) a waiver of installation charges or service order charges, or both, for not more than 90 days in a 12-month period; or(B) a temporary discount of not more than 25% from the tariffed rate for not more than 60 days in a 12-month period.(3) Although electing companies are not required to file LRIC studies with informational notices regarding these customer promotional offerings, the offerings are subject to the standards for pricing flexibility in subsection (d) of this section, in the event of a complaint.(f) Requirements for customer specific contracts. An electing company may enter into customer-specific contracts for certain services as provided in §26.211 of this title (relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges). For all services not addressed in §26.211 of this title, an electing company must offer customer specific contracts pursuant to this section.(g) Procedures related to the filing of informational notices and associated tariffs. The provisions of this subsection apply to electing companies choosing to introduce new services and exercise pricing and packaging flexibility including customer promotional offerings through informational notice filings.(1) Notice requirements.(A) An electing company shall provide the informational notice in compliance with this section to the commission, to the Office of Public Utility Counsel (OPC), and to any person who holds a certificate of operating authority in the electing company's certificated area or areas, or who has an effective interconnection agreement with the electing company.(B) Unless an interconnection agreement contract specifies otherwise, an incumbent local exchange carrier shall continue to provide to affected resellers of retail services the same notice of rate changes or withdrawal of detariffed services that it was required to provide prior to detariffing.(2) Filing requirements.(A) Filing of informational notice and confidential information. At the time the informational notice is filed in Central Records, a copy of the informational notice, including confidential information, shall be delivered to OPC. In addition to the record copy, an additional copy of any confidential information shall be filed in Central Records for use by the commission staff.(i) The commission shall assign each informational notice a unique control number and shall stamp the tariff sheets \"received\".(ii) The commission staff shall file any notice of deficiencies (including deficiencies in LRIC studies submitted) for incomplete filings not in compliance with this section or pleading alleging that the service offering is inappropriately filed as an informational notice filing within three working days after the date of the filing of the informational notice.(iii) Within two working days after the date of the commission staff's filing, the applicant shall file an explanation of the actions it has taken or intends to take in response to a notice or pleading filed under clause (ii) of this subparagraph.(B) Effective date. A service offering shall be effective no earlier than ten days after the electing company files a complete informational notice with the commission.(C) Access to confidential information. Access to confidential information filed with the commission as part of an informational notice filing shall be available to commission staff and OPC, upon execution of a commission approved protective agreement, at the time the informational notice is filed.(D) Format of filing. An informational notice under this section must include the following elements:(i) name of company;(ii) PURA chapter under which company operates;(iii) date of submission;(iv) effective date;(v) new and/or revised tariff pages, written in plain language and conforming to the requirements of §26.207 of this title (relating to Form and Filing of Tariffs);(vi) proposed implementation date (if different from effective date);(vii) affidavit of notice to the Office of Public Utility Counsel, certificate of operating authority holders, and parties to interconnection agreements;(viii) type of filing (new service; pricing flexibility; packaging, or promotional offering; customer specific contract);(ix) except for customer promotional offerings, relevant LRIC study or LRIC study reference, and relevant support materials (confidential/proprietary/protected materials provided to commission only). When LRIC studies for which commission approval has not been obtained are provided with an informational notice filing, an application for approval of that LRIC study must be filed pursuant to the standards in §26.214 of this title to establish a LRIC floor and shall be filed before or simultaneously with the informational notice filing. The electing company shall file a notice of intent to file LRIC studies pursuant to §26.214 of this title no later than ten days before the filing of the LRIC study;(x) except for customer promotional offerings, relevant LRIC study or LRIC study reference, and relevant supporting materials (confidential/proprietary/protected materials provided to commission only), if an electing company chooses to adopt LRIC studies of a larger company pursuant to the requirements of subsection (c)(3) or (d)(4) of this section, as applicable;(xi) except for customer promotional offerings, relevant tariff rates or specific tariff references, if the electing company chooses to adopt rates of a larger company pursuant to requirements of subsection (c)(4) or (d)(5) of this section, as applicable;(xii) a response of \"yes\", \"no\", or \"not applicable\", with explanatory language, to the following question: \"Is the sum of the TELRIC-based wholesale prices of components needed for provision of the retail service at or below the retail price set forth in this filing?\" Except for customer promotional offerings, if the response is \"yes\" or \"no\", the filing must identify the components needed for the provision of the retail service, along with a list of relevant wholesale and retail prices;(xiii) a response of \"yes\" or \"no\" to the following question: \"Is the service available for resale by a competitor?\" If the answer is \"no\", does the proposed price meet the standards set forth in §26.274(f) - (h) of this title (relating to Imputation)? For purposes of this question, \"available for resale\" means:(I) the service is not subject to tariffed resale restrictions; and(II) the electing company is not aware of any constraints that would prevent a competitor from functionally provisioning the service to the competitor's customers in parity with the electing company's provisioning of the service to the electing company's customers; providing the products or services. The cost to an electing company of acquiring or providing the affiliate's products or services shall be valued in a manner consistent with FCC requirements, to the extent FCC requirements are applicable to the electing company, and with subsection (d)(2)(F) of this section. For a joint marketing effort that includes regulated products or services and the products or services of an affiliate, an affidavit shall be provided by each affected affiliate attesting that the affiliate's costs are recovered in a manner consistent with subsection (d)(2)(F) of this section and FCC requirements, to the extent FCC requirements are applicable to the electing company;(xiv) for package offerings that combine regulated products or services with unregulated products or services and/or with the products or services of an electing company's affiliate, an affidavit indicating that the price of the package recovers the cost to the electing company of acquiring and providing the unregulated products or services or the affiliate's products or services. The affidavit shall also indicate that the cost to the electing company of acquiring and providing an affiliate's products or services is greater than or equal to the cost to the affiliate of acquiring and/or providing the products or services. The cost to an electing company of acquiring or providing the affiliate's products or services shall be valued in a manner consistent with FCC requirements, to the extent FCC requirements are applicable to the electing company, and with subsection (d)(2)(F) of this section. For a joint marketing effort that includes regulated products or services and the products or services of an affiliate, an affidavit shall be provided by each affected affiliate attesting that the affiliate's costs are recovered in a manner consistent with subsection (d)(2)(F) of this section and FCC requirements, to the extent FCC requirements are applicable to the electing company;(xv) description of the offering's terms and conditions, including location of service or a statement that it is to be provided state-wide; and(xvi) a privacy concerns statement.(E) For customer promotional offerings:(i) Affidavit that a promotion for this service has not exceeded 90 days for the previous 12-month period.(ii) Promotional tariff or letter identifying the promotional service and whether it is for a waiver of installation or service order charges, or both (90 days) or a discount of 25% or less (60 days).(3) Disputes as to sufficiency or appropriateness of informational notice filing.(A) If the electing company advises the commission by written filing that a dispute exists with respect to a notice of deficiency or the inappropriateness of an informational notice, and requests the assignment of an administrative law judge to resolve the dispute, the commission will consider the dispute to be a contested case.(B) A contested case will also exist if the commission files a complaint addressing sufficiency or appropriateness of an informational notice filing.(C) Parties other than the commission staff may not challenge the sufficiency of an informational notice filing.(4) Complaints regarding service offerings introduced by informational notice filings.(A) Subject to subparagraph (E) of this paragraph, an affected person, the OPC, or the commission may file a complaint at the commission on or after the date the informational notice has been filed. The filing of a complaint will initiate a contested case.(B) A complaint addressing an informational notice involving pricing flexibility, including customer promotions, may challenge whether the filing is in compliance with PURA and the commission substantive rules.(C) A complaint addressing an informational notice involving a new service may challenge whether the tariff is in compliance with the pricing standards of PURA and commission substantive rules. If the complaint is finally resolved in a final order issued by the commission in favor of the complainant, the electing company shall either:(i) not later than the tenth day after the date the complaint is finally resolved, amend the price of the service as necessary to comply with the final resolution; or(ii) discontinue the service.(D) The commission shall dismiss a complaint filed prior to the filing of an informational notice on the grounds that the commission lacks jurisdiction to hear the complaint.(E) The commission shall consider any complaint alleging that the pricing of a regulated service does not meet the pricing standards of PURA and commission substantive rules, which is filed 31 or more days after the implementation date of the tariff, to be untimely.(F) All complaints shall be docketed and governed by the commission's procedural rules and shall be filed and reviewed pursuant to the following requirements:(i) Complaints shall be captioned: COMPLAINT BY {NAME OF COMPLAINANT} REGARDING TARIFF CONTROL NUMBER(S) {NUMBER(S)} {STYLE OF TARIFF CONTROL NUMBER}.(ii) Processing. The commission shall assign each complaint filed with respect to an informational notice a unique control number. The presiding officer shall cause a copy of each complaint, bearing the assigned control number, to be filed in the relevant tariff control number(s) for the related informational notice(s).(G) The commission staff shall have standing in all proceedings related to informational notice filings before the commission, and may intervene by filing a notice of intervention at any time prior to determination on the merits. No motion is necessary for such intervention.(H) A complaint filed pursuant to this section shall be considered to be an exception to the informal resolution requirements of procedural rule §22.242(c) of this title (relating to Complaints).(5) Interim relief. All tariffs introduced by informational notice filings will remain in effect during the pendency of any complaint unless interim relief suspending the tariff is granted pursuant to this subsection.(A) Any request that a tariff be suspended during the pendency of a complaint must meet the following requirements:(i) the pleading must state an appropriate and bona fide cause of action;(ii) the pleading must be verified or supported with affidavits based on personal knowledge; and(iii) the pleading must set forth the following elements: probable right of recovery, probable and irreparable injury in the interim, and no adequate alternative remedy.(B) The presiding officer shall schedule a hearing on interim relief in the form of suspension of a tariff on an expedited basis.(C) The burden of proof shall be upon the complainant with respect to each element of proof necessary to obtain any interim relief requested by the complainant.(h) A telecommunications provider that is not subject to rate-of-return regulation under PURA, Chapter 53:(1) may, but is not required to, maintain on file with the commission tariffs, price lists, or customer service agreements in relation to services that are not subject to regulation without commission approval;(2) may make changes in its tariffs, price lists, and customer service agreements in relation to services that are not subject to regulation without commission approval; and(3) may cross-reference its federal tariff in its state tariff if its intrastate switched access rates are the same as its interstate switched access rates.(i) A telecommunications provider may withdraw a tariff, price list, or customer service agreement not required to be filed or maintained with the commission under this section if the provider:(1) files written notice of the withdrawal with the commission; and(2) notifies its customers of the withdrawal and posts the current tariffs, price lists, or generic customer service agreements on its Internet website.", "sourceNote": "Source Note: The provisions of this §26.229 adopted to be effective October 23, 2000, 25 TexReg 10556; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166765", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "J", "label": "COSTS, RATES AND TARIFFS" }, "rule": { "number": "§26.230", "label": "Requirements Applicable to Chapter 65 One-day Informational Notice Filings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "63852", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to incumbent local exchange companies (ILECs), as defined in the Public Utility Regulatory Act (PURA) §51.002(3), with markets deregulated pursuant to PURA Chapter 65 who choose to offer services through one-day informational notice filings pursuant to PURA §§65.151 - 65.153. Except as provided in subsection (i) of this section, a transitioning company, as defined in PURA §65.002(5), which does not choose to offer services through a one-day informational notice filing must either offer services through ten-day informational notice filings pursuant to §§26.227 - 26.229 of this title (relating to Costs, Rates and Tariffs) or through filings pursuant to §§26.207 - 26.211 of this title (relating to Costs, Rates and Tariffs).(b) Purpose. The purpose of this section is to establish the requirements for a transitioning ILEC that chooses to provide an informational notice to introduce new services, and/or to exercise pricing flexibility for basic and non-basic retail telecommunications services, and to outline the procedures for processing complaints regarding service offerings introduced by such informational notice filings.(c) Pricing standards.(1) In a market that remains regulated, the transitioning ILEC shall price its retail services in accordance with the provisions as set forth in §§26.224 - 26.226 of this title (relating to Costs, Rates and Tariffs).(2) In a deregulated market, the transitioning ILEC shall price its retail services as follows:(A) for all services, other than residential service, at a price equal to or higher than the service's long run incremental costs (LRIC); and(B) for basic local telecommunications service, at any price higher than the lesser of the service's LRIC or the tariffed price on the date the market was deregulated.(3) Notwithstanding any other long-run incremental cost filing requirements in this subchapter, a transitioning company, upon written notice to the commission, is not required to comply with a direct or indirect requirement to price a residential service at, above, or according to the long-run incremental cost of the service or to otherwise use long-run incremental cost in establishing prices for residential services or to file with the commission a long-run incremental cost study for any service.(4) Notwithstanding paragraphs (2) and (3) of this subsection, a transitioning company may not:(A) establish a retail rate, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory;(B) establish a retail rate for a basic or non-basic service in a deregulated market that is subsidized either directly or indirectly by a basic or non-basic service provided in an exchange that is not deregulated; or(C) engage in predatory pricing or attempt to engage in predatory pricing. A rate or price for a basic local telecommunications service is not anticompetitive, predatory, or unreasonably preferential, prejudicial, or discriminatory if the rate or price is equal to or greater than the rate or price in the transitioning company's tariff, or price list, for that service in effect on the date the transitioning company submits notice to the commission under paragraph (3) of this subsection.(5) In each deregulated market, a transitioning company shall make available to all residential customers throughout that market the same price, terms, and conditions for all basic and non-basic retail telecommunications services, consistent with any pricing flexibility available to the company on or before August 31, 2005.(6) A rate that meets the pricing requirements of paragraph (2) of this subsection is deemed compliant with paragraph (4)(B) of this subsection.(7) A transitioning company may offer to an individual residential customer a promotional offer that is not available uniformly throughout the market if the company makes the offer through a medium other than direct mail or mass electronic media and the offer is intended to retain or obtain a customer.(d) Procedures related to the filing of one-day informational notices and associated tariffs. The provisions of this subsection apply to ILECs choosing to introduce new services and/or exercise pricing and packaging flexibility through one-day informational notice filings.(1) Notice requirements.(A) A transitioning ILEC shall provide notice of an impending informational notice filing to the commission, the Office of Public Utility Counsel (OPC), and to any person who holds a certificate of operating authority in the transitioning ILEC's certificated area or areas, or who has an effective interconnection agreement with the transitioning ILEC. Such notice shall inform the recipient of the nature and material terms of the impending filing.(B) Unless an interconnection agreement contract specifies otherwise, an incumbent local exchange carrier shall continue to provide to affected resellers of retail services the same notice of rate changes or withdrawal of detariffed services that it was required to provide prior to detariffing.(2) Filing requirements.(A) Filing of informational notice and confidential information. At the time the informational notice is filed in Central Records, a copy of the informational notice shall be delivered to OPC. Copies of confidential information shall be filed in Central Records in accordance with §22.71(d) of this title (relating to Filings of Pleadings, Documents and Other Materials).(B) Format of filing. An informational notice under this section must include the same elements as set forth in §26.227(c)(2)(D) of this title (relating to Procedures Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic Services for Chapter 58 Electing Companies) and the following:(i) For retail services offered in regulated markets, the transitioning company must demonstrate that the rates, terms, and conditions comply with the requirements of subsection (c)(1) of this section and affirm that the said rates, terms and conditions comply with requirements in subsection (c)(4) of this section.(ii) For retail services offered in deregulated markets, the transitioning company must demonstrate that the rates, terms, and conditions comply with requirements in subsection (c)(2) and (4) - (7) of this section.(C) Access to confidential information. Access to confidential information filed with the commission as part of an informational notice filing shall be available to commission staff and OPC, upon execution of a commission approved protective agreement.(D) Effective date. A transitioning ILEC's service offering shall be effective one day after the transitioning ILEC files an informational notice with the commission.(e) Notice of deficiencies and disputes as to sufficiency or appropriateness of one-day informational notice filings.(1) The commission staff may file a notice of deficiency for incomplete filings or non-compliant filings or a pleading alleging that the service offering is inappropriately filed as a one-day informational notice.(2) Within five working days after the date of the commission staff's filing, an applicant shall file an explanation of the actions it has taken or intends to take in response to the notice or pleading filed under paragraph (1) of this subsection.(3) Disputes as to sufficiency or appropriateness of one-day informational notice filings shall be subject to the provisions of §26.227(d) of this title.(f) Complaints.(1) An affected person may file a complaint at the commission challenging whether a transitioning company is complying with subsection (c) of this section.(2) Notwithstanding subsection (c)(3) of this section, the commission may require a transitioning company to submit a long-run incremental cost study for a business service that is the subject of a complaint submitted under paragraph (1) of this subsection.(g) A telecommunications provider that is not subject to rate-of-return regulation under PURA, Chapter 53:(1) may, but is not required to, maintain on file with the commission tariffs, price lists, or customer service agreements governing the terms of providing service;(2) may make changes in its tariffs, price lists, and customer service agreements in relation to services that are not subject to regulation without commission approval; and(3) may cross-reference its federal tariff in its state tariff if the provider's intrastate switched access rates are the same as the provider's interstate switched access rates.(h) A telecommunications provider may withdraw a tariff, price list, or customer service agreement not required to be filed or maintained with the commission under this section if the provider:(1) files written notice of the withdrawal with the commission; and(2) notifies its customers of the withdrawal and posts the current tariffs, price lists, or generic customer service agreements on its Internet website.(i) A deregulated company or a transitioning company is not required to obtain advance approval for a filing with the commission or a posting on the company's Internet website that adds, modifies, withdraws, or grandfathers:(1) a nonbasic retail service or the service's rates, terms or conditions; or(2) for a market that has been deregulated, a basic network service or the service's rates, terms or conditions.", "sourceNote": "Source Note: The provisions of this §26.230 adopted to be effective October 17, 2006, 31 TexReg 8517; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "63852", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "WHOLESALE MARKET PROVISIONS" }, "rule": { "number": "§26.271", "label": "Expanded Interconnection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215874", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. Unless the context clearly indicates otherwise, the provisions relating to expanded interconnection for special access and/or private line services in this section apply to each carrier that is dominant with respect to special access services and that has interstate tariffs in effect that provide for expanded interconnection for special access services. Similarly, unless the context clearly indicates otherwise, the provisions relating to expanded interconnection for switched transport services in this section apply to each carrier that is dominant with respect to switched transport services and that has interstate tariffs in effect that provide for expanded interconnection for switched transport services. A carrier that is dominant with respect to local exchange telephone service is, by definition, also dominant with respect to switched transport services.(b) Expanded interconnection for special access and private line services.(1) Expanded interconnection for DS1 and DS3 special access services, and special access services for which interstate expanded interconnection has been granted. Each dominant carrier that is subject to this section shall offer expanded interconnection as specified in this subsection for the services listed in subparagraphs (A)-(C) of this paragraph. The dominant carrier shall offer expanded interconnection for these services at the same locations, in the same manner, and, except for price, under the same terms and conditions as it offers expanded interconnection for interstate special access services, unless ordered otherwise by the commission. This paragraph applies to the following intrastate special access services:(A) special access DS1;(B) special access DS3; and(C) special access services for which interstate expanded interconnection has been granted.(2) Expanded interconnection for all special access and private line services. Each dominant carrier that is subject to this section shall offer expanded interconnection as specified in this subsection for the services listed in subparagraphs (A)-(B) of this paragraph. The dominant carrier shall offer expanded interconnection for these services at the same locations, in the same manner, and, except for price, under the same terms and conditions as it offers expanded interconnection for interstate special access services, unless ordered otherwise by the commission. This paragraph applies to the following intrastate services:(A) all private line services, as that term is defined in §26.5 of this title (relating to Definitions); and(B) all special access services.(3) Tariff provisions.(A) Each dominant carrier that is subject to this section shall file tariff revisions to unbundle each service for which expanded interconnection shall be offered and to remove any resale or sharing restrictions for each such service. As used in this subparagraph, to unbundle means to make available, on an unrestricted basis, the individual rate elements necessary to provide a special access service or a private line service.(B) Each dominant carrier that is subject to this section shall file tariffs to establish connection charges for the use of equipment and facilities that are associated with offerings of expanded interconnection under this subsection. Unless ordered otherwise by the commission, the definitions of such connection charges and the regulations governing their application shall be the same as those contained in the carrier's interstate expanded interconnection tariffs. The dominant carrier shall not impose a separate charge or rate element that is not included in its interstate tariffs for interconnection for special access services. The dominant carrier shall not impose a separate charge or rate element for interconnection for private line services that is not included in its tariffs for interconnection for special access services.(4) Implementation. All dominant carriers subject to this section shall file tariff amendments in compliance with paragraph (3) of this subsection.(A) Initial filing to implement paragraph (1) of this subsection. A dominant carrier shall file initial tariff amendments to implement the provisions of paragraph (1) of this subsection within 60 days of being declared a dominant carrier.(B) Initial filing to implement paragraph (2) of this subsection. A dominant carrier shall file initial tariff amendments to implement the provisions of paragraph (2) of this subsection within 60 days of being declared a dominant carrier.(C) Initial filings in compliance with this subsection shall be filed pursuant to §23.26 of this title (relating to New and Experimental Services). Initial tariff amendments filed in compliance with this subsection shall be filed pursuant to §23.26; provided, however, the provisions of §23.26(c)(6) shall not apply with respect to rates proposed in compliance with paragraph (3)(A) or (B) of this subsection if the dominant carrier proposes rates that are the same as the rates in effect for the carrier's interstate provision of the same, equivalent or substitutable service. Tariff revisions filed pursuant to this subsection shall not be combined in a single application with any other tariff revision.(D) Additional filings. A dominant carrier shall make, within 15 days of the effective date of an interstate tariff providing for expanded interconnection, such additional tariff filings as are required to remain in compliance with this subsection. The proposed effective date of such additional tariff filings shall be not later than 60 days after the filing date, unless suspended.(5) Customer specific contracts. This subsection does not require the unbundling or removal of resale prohibitions in customer specific contracts in effect on or before February 22, 1994.(c) Expanded interconnection for switched transport services.(1) Expanded interconnection for all switched transport services. Each dominant carrier that is subject to this section shall offer expanded interconnection as specified in this subsection for all switched transport services at the same locations, in the same manner, and except for price, under the same terms and conditions as it offers expanded interconnection for interstate switched transport services, unless ordered otherwise by the commission.(2) Tariff provisions and implementation. Each dominant carrier that is subject to this section shall file tariffs to establish connection charges for the use of equipment and facilities that are associated with offerings of expanded interconnection under this subsection.(A) Unless ordered otherwise by the commission, the definitions of such connection charges and the regulations governing their application shall be the same as those contained in the carrier's interstate expanded interconnection tariffs.(B) Absent additional costs, the dominant carrier shall impose a single charge when the same facilities are used to provide expanded interconnection for both special access and switched transport services. If additional facilities are used, the dominant carrier may assess additional cost-based connection charge subelements for the use of such additional facilities.(C) The dominant carrier shall not impose a separate charge or rate element that is not included in its interstate tariffs for interconnection for switched transport services.(D) A dominant carrier shall apply nonrecurring reconfiguration charges in a neutral manner to customers of either the interconnector or dominant carrier unless justified by specific identifiable cost differences. In addition, any differences between the charges applicable when a customer shifts to an interconnector's service and those applicable when a customer reconfigures its service with the dominant carrier must be cost-based.(E) A dominant carrier shall file initial tariffs to implement the provisions of this subsection within 60 days of being declared a dominant carrier.(F) Initial tariff filings in compliance with this subsection shall be filed pursuant to the provisions of §23.26; provided, however the provisions of §23.26(c)(6) shall not apply with respect to rates proposed in compliance with subparagraph (A)-(E) of this paragraph if the dominant carrier proposes rates that are the same as the rates in effect for the carrier's interstate provision of the same, equivalent or substitutable service. Tariff revisions filed pursuant to this subsection shall not be combined in a single application with any other tariff revision.(G) A dominant carrier shall make, within 15 days of the effective date of an interstate tariff providing for expanded interconnection, such additional tariff filings as are required to remain in compliance with this subsection. The proposed effective date for such additional tariff filings shall be not later than 60 days after the filing date, unless suspended.(d) Waivers. A dominant carrier may seek a waiver from the requirements of subsections (b) and (c) of this section at a location where the opportunity for the application of an Federal Communications Commission (FCC) waiver does not exist. The request shall be granted if the presiding officer of the commission finds that the dominant carrier has demonstrated that it is not feasible to provide interconnection at a specific location due to lack of space.(e) Voluntary agreements. A dominant carrier and one or more interconnectors may agree to alternative interconnection arrangements at a specific location that are different from those required by subsections (b) and/or (c) of this section, provided such arrangements are tariffed and made generally available for that location. Any such agreement shall not modify the dominant carrier's obligations under subsections (b) and (c) with respect to any other interconnector that does not elect to subscribe to the voluntary arrangement.(f) Bona fide requests. If a dominant carrier would be required to provide expanded interconnection for interstate special access or switched transport services at a particular location upon receipt of a bona fide request for such interstate interconnection, the dominant carrier shall provide interconnection for intrastate services as required by subsections (b) and (c) of this section upon receipt of a bona fide request for such intrastate interconnection at any location not covered by its interstate tariffs, subject only to the same conditions and exceptions that would be applicable to a bona fide request for interconnection for interstate services.(g) Utilization of collocation space. A dominant carrier shall permit an interconnector to use the same collocation space for both interstate and intrastate interconnection services.(h) Utilization of facilities. A dominant carrier shall permit an interconnector to use the same facilities for both interstate and intrastate switched access traffic.(i) Reciprocal expanded interconnection. An incumbent local exchange carrier is required to provide expanded interconnection to another local exchange carrier pursuant to the requirements of subsections (b) and (c) of this section only if the second local exchange carrier agrees to provide expanded interconnection, in a like manner, to the incumbent local exchange carrier.", "sourceNote": "Source Note: The provisions of this §26.271 adopted to be effective April 15, 1999, 24 TexReg 2930." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215874", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "WHOLESALE MARKET PROVISIONS" }, "rule": { "number": "§26.272", "label": "Interconnection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82757", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to ensure that a telecommunications service provider that is certificated provides local exchange service, basic local telecommunications service, or switched access service within the state interconnect and maintains interoperable networks such that the benefits of local exchange competition are realized as envisioned under the provisions of the Public Utility Regulatory Act (PURA). The commission finds that interconnection is necessary to achieve competition in the local exchange market and is therefore in the public interest.(b) Definition. The term \"customer\" when used in this section, means an end-user customer.(c) Application and Exceptions.(1) Application. This section applies to a certificated telecommunications utility (CTU) that provides local exchange service.(2) Exceptions. Except as provided under this paragraph, a CTU providing local exchange service must comply with the requirements of this section.(A) Holders of a service provider certificate of operating authority (SPCOA).(i) The holder of an SPCOA that does not provide dial tone and only resells the telephone services of another CTU is subject only to the requirements of subsection (e)(1)(B)(ii) and (D)(i)-(vii) of this section and subsection (i)(1)-(3) of this section.(ii) The underlying CTU providing service to the holder of an SPCOA referenced in clause (i) of this subparagraph must comply with the requirements of this section with respect to the customers of the SPCOA holder.(B) Small incumbent local exchange companies (ILECs).(i) This section applies to small ILECs to the extent required by 47 United States Code (U.S.C.) §251(f) (1996).(ii) Notwithstanding the requirement in clause (i) of this subparagraph, small ILECs must terminate traffic of a CTU which originates and terminates within the small ILEC's extended local calling service (ELCS) or extended area service (EAS) calling scope, where the small ILEC has an ELCS or EAS arrangement with another DCTU. The termination of this traffic must be at rates, terms, and conditions prescribed by subsection (d)(4)(A) of this section.(C) Rural telephone companies.(i) This section also applies to rural telephone companies as defined in 47 U.S.C. §153 (1996) to the extent required by 47 U.S.C. §251(f) (1996).(ii) Rural telephone companies must terminate traffic of a CTU that originates and terminates within the rural telephone company's ELCS or EAS calling scope, where the rural telephone company has an ELCS or EAS arrangement with another DCTU. The termination of this traffic must be at rates, terms, and conditions as described in subsection (d)(4)(A) of this section.(D) Small CTUs.(i) A small CTU may petition for a suspension or modification of the application of this section in accordance with 47 U.S.C. §251(f)(2) (1996).(ii) Small CTUs must terminate traffic of a CTU that originates and terminates within the small CTU's ELCS or EAS calling scope, where the small CTU has an ELCS or EAS arrangement with another DCTU. The termination of this traffic must be at rates, terms, and conditions as described in subsection (d)(4)(A) of this section.(E) Deregulated companies and nondominant telecommunications utilities. Subsection (i)(2) and (3) of this section does not apply to deregulated companies holding a certificate of operating authority or to exempt carriers that meets the criteria of PURA §52.154.(d) Principles of interconnection.(1) General principles.(A) Interconnection between CTUs must be established in a manner that is seamless, interoperable, technically and economically efficient, and transparent to the customer.(B) Interconnection between CTUs must utilize nationally accepted telecommunications industry standards or mutually acceptable standards for construction, operation, testing and maintenance of networks, such that the integrity of the networks is not impaired.(C) A CTU may not unreasonably:(i) discriminate against another CTU by refusing access to the local exchange;(ii) refuse or delay interconnections to another CTU;(iii) degrade the quality of access provided to another CTU;(iv) impair the speed, quality, or efficiency of lines used by another CTU;(v) fail to fully disclose in a timely manner, on request, all available information necessary for the design of equipment that will meet the specifications of the local exchange network; or(vi) refuse or delay access by any person to another CTU.(D) An interconnecting CTU must negotiate rates, terms, and conditions for facilities, services, or any other interconnection arrangements required in accordance with this section.(E) This section does not authorize an interconnecting CTU access to another CTU's network proprietary information or customer proprietary network information, customer-specific as defined in §26.5 of this title (relating to Definitions) unless otherwise permitted in this section.(2) Technical interconnection principles. An interconnecting CTU must make a good-faith effort to accommodate each interconnecting CTU's technical requests, provided that the technical requests are consistent with national industry standards and are in compliance with §26.52 of this title (relating to Emergency Operations), §26.53 of this title (relating to Inspections and Tests), §26.54 of this title (relating to Service Objectives and Performance Benchmarks), §26.57 of this title (relating to Requirements for a Certificate Holder's Use of an Alternate Technology to Meet its Provider of Last Resort Obligation), §26.89 of this title (relating to Nondominant Carriers' Obligations Regarding Information on Rates and Services), §26.107 of this title (relating to Registration of Interexchange Carriers (IXCs), Prepaid Calling Services Companies (PPC), and Other Nondominant Telecommunications Carriers), §26.128 of this title (relating to Telephone Directories), §26.206 of this title (relating to Depreciation Rates), and implementation of the requests would not cause unreasonable inefficiencies, unreasonable costs, or other detriment to the network of the CTU receiving the requests.(A) An interconnecting CTU must ensure that each customer of other interconnecting CTUs are not required to dial additional digits or incur dialing delays that exceed industry standards to complete local calls as a result of interconnection.(B) An interconnecting CTU must provide other interconnecting CTUs non-discriminatory access to signaling systems, databases, facilities, and information as required to ensure interoperability of networks and efficient, timely provision of services to customers.(C) An interconnecting CTU must provide other interconnecting CTUs Common Channel Signaling System Seven connectivity where technically available.(D) An interconnecting CTU is permitted a minimum of one point of interconnection in each exchange area or group of contiguous exchange areas within a single local access and transport area (LATA), as requested by the interconnecting CTU, and may negotiate with the other CTU for additional interconnection points. An interconnecting CTU must agree to construct, lease, and maintain the facilities necessary to connect networks, either by having one CTU provide the entire facility or by sharing the construction and maintenance of the facilities necessary to connect networks. The financial responsibility for construction and maintenance of such facilities is borne by the party who constructs and maintains the facility, unless the parties involved agree to other financial arrangements. Each interconnecting CTU is responsible for delivering its originating traffic to the mutually agreed upon point of interconnection or points of interconnection. Nothing in this subparagraph precludes a CTU from recovering the costs of construction and maintenance of facilities if such facilities are utilized by other CTUs.(E) An interconnecting CTU must establish joint procedures for troubleshooting the portions of jointly used networks. Each CTU is responsible for maintaining and monitoring its own network such that the overall integrity of the interconnected network is maintained with service quality that is consistent with industry standards and is in compliance with §26.53 of this title.(F) If an interconnecting CTU has sufficient facilities in place, it must provide intermediate transport arrangements between other interconnecting CTUs, upon request. A CTU providing intermediate transport must not negotiate termination on behalf of another CTU, unless the terminating CTU agrees to such an arrangement. Upon request, DCTUs within major metropolitan areas must contact other CTUs and arrange meetings, within 15 days of such request, to facilitate negotiations and provide a forum for discussion of network efficiencies and inter-company billing arrangements.(G) Each interconnecting CTU is responsible for ensuring that traffic is properly routed to the connected CTU and jurisdictionally identified by percent usage factors or in a manner agreed upon by the interconnecting CTUs.(H) An interconnecting CTU must allow other interconnecting CTUs non-discriminatory access to all facility rights-of-way, conduits, pole attachments, building entrance facilities, and other pathways, provided that the requesting CTU has obtained all required authorizations from the property owner or appropriate governmental authority.(I) An interconnecting CTU must provide other interconnecting CTUs physical interconnection in a non-discriminatory manner. Physical collocation for the transmission of local exchange traffic must be provided to a CTU upon request, unless the CTU from which collocation is sought demonstrates that technical or space limitations make physical collocation impractical. Virtual collocation for the transmission of local exchange traffic must be implemented at the option of the CTU requesting the interconnection.(J) Each interconnecting CTU is responsible for contacting the North American Numbering Plan (NANP) administrator for its own NXX codes and for initiating NXX assignment requests.(3) Principles regarding billing arrangements.(A) An interconnecting CTU must cooperatively provide other interconnecting CTUs with both answer and disconnect supervision as well as accurate and timely exchange of information on billing records to facilitate billing to customers, to determine intercompany settlements for local and non-local traffic, and to validate the jurisdictional nature of traffic, as necessary. Such billing records must be provided in accordance with national industry standards. For a billing interexchange carrier for jointly provided switched access services, such billing records include meet point billing records, interexchange carrier (IXC) billing name, IXC billing address, and Carrier Identification Codes (CICs). If exchange of CIC codes is not technically feasible, an interconnecting CTU must negotiate a mutually acceptable settlement process for billing IXCs for jointly provided switched access services.(B) A CTU must enter into mutual billing and collection arrangements with other CTUs that are comparable to those existing between or among DCTUs, to ensure acceptance of each other's non-proprietary calling cards and operator-assisted calls.(C) Upon a customer's selection of a CTU for local exchange service, that CTU must provide notification to the primary IXC through the Customer Account Record Exchange (CARE) database, or comparable means if CARE is unavailable, of all information necessary for billing that customer. At a minimum, this information must include the name and contact person for the new CTU and the customer's name, telephone number, and billing number. In the event a customer's local exchange service is disconnected at the option of the customer or the CTU, the disconnecting CTU must provide notification to the primary IXC of such disconnection.(D) A CTU must cooperate with IXCs to ensure that customers are properly billed for IXC services.(4) Principles regarding interconnection rates, terms, and conditions.(A) Criteria for setting interconnection rates, terms, and conditions. Interconnection rates, terms, and conditions must not be unreasonably preferential, discriminatory, or prejudicial, and must be non-discriminatory. The following criteria must be used to establish interconnection rates, terms, and conditions.(i) Local traffic of a CTU that originates and terminates within the mandatory single or multiexchange local calling area available under the basic local exchange rate of a single DCTU will be terminated by the CTU at local interconnection rates. The local interconnection rates under this clause also apply with respect to mandatory EAS traffic originated and terminated within the local calling area of a DCTU if such traffic is between exchanges served by that single DCTU.(ii) If a non-dominant certificated telecommunications utility (NCTU) offers, on a mandatory basis, the same minimum ELCS calling scope that a DCTU offers under its ELCS arrangement, a NCTU must receive arrangements for its ELCS traffic that are not less favorable than the DCTU provides for terminating mandatory ELCS traffic.(iii) With respect to local traffic originated and terminated within the local calling area of a DCTU but between exchanges of two or more DCTUs governed by mandatory EAS arrangements, DCTUs must terminate local traffic of NCTUs at rates, terms, and conditions that are not less favorable than those between DCTUs for similar mandatory EAS traffic for the affected area. A NCTU and a DCTU may agree to terms and conditions that are different from those that exist between DCTUs for similar mandatory EAS traffic. The rates applicable to the NCTU for such traffic must reflect the difference in costs to the DCTU caused by the different terms and conditions.(iv) With respect to traffic that originates and terminates within an optional flat rate calling area, whether between exchanges of one DCTU or between exchanges of two or more DCTUs, a DCTU must terminate such traffic of NCTUs at rates, terms, and conditions that are not less favorable than those between DCTUs for similar traffic. A NCTU and a DCTU may agree to terms and conditions that are different from those that exist between DCTUs for similar optional EAS traffic. The rates applicable to the NCTU for such traffic must reflect the difference in costs to the DCTU caused by the different terms and conditions.(v) A DCTU with more than one million access lines and a NCTU must negotiate new EAS arrangements in accordance with the following requirements.(I) For traffic between an exchange and a contiguous metropolitan exchange local calling area, as defined in §26.5 of this title, the DCTU must negotiate with a NCTU for termination of such traffic if the NCTU includes such traffic as part of its customers' local calling area. These interconnection arrangements must not less favorable than the arrangements between DCTUs for similar EAS traffic.(II) For traffic that does not originate or terminate within a metropolitan exchange local calling area, the DCTU must negotiate with a NCTU for the termination of traffic between the contiguous service areas of the DCTU and the NCTU if the NCTU includes such traffic as part of its customers' local calling area and such traffic originates in an exchange served by the DCTU. These interconnection arrangements must be not less favorable than the arrangements between DCTUs for similar EAS traffic.(III) A NCTU must have the same obligation to negotiate similar EAS interconnection arrangements with respect to traffic between its service area and a contiguous exchange of the DCTU if the DCTU includes such traffic as part of its customers' local calling area(vi) NCTUs are not precluded from establishing their own local calling areas or prices for purposes of retail telephone service offerings.(B) Establishment of rates, terms, and conditions.(i) A CTU involved in interconnection negotiations must ensure that all reasonable negotiation opportunities are completed prior to the termination of the first commercial call. The date upon which the first commercial call between CTUs is terminated signifies the beginning of a nine-month period in which each CTU must reciprocally terminate the other CTU's traffic at no charge, in the absence of mutually negotiated interconnection rates. Reciprocal interconnection rates, terms, and conditions must be established in accordance with the compulsory arbitration process in subsection (g) of this section. In establishing these initial rates and three years from termination of the first commercial call, no cost studies will be required from a new CTU.(ii) An ILEC may adopt the tariffed interconnection rates approved for a larger ILEC or interconnection rates of a larger ILEC resulting from negotiations without providing the commission any additional cost justification for the adopted rates. If an ILEC adopts the tariffed interconnection rates approved for a larger ILEC, it must file tariffs referencing the appropriate larger ILEC's rates. If an ILEC adopts the interconnection rates of a larger ILEC, the new CTU may adopt those rates as its own rates by filing tariffs referencing the appropriate larger ILEC's rates. If an ILEC chooses to file its own interconnection tariff, the new CTU must also file its own interconnection tariff.(C) Public disclosure of interconnection rates, terms, and conditions. Interconnection rates, terms, or conditions must be made publicly available as provided in subsection (h) of this section.(e) Minimum interconnection arrangements.(1) In accordance with mutual agreements, interconnecting CTUs must provide each other non-discriminatory access to ancillary services such as repair services, E9-1-1, operator services, white pages telephone directory listing, publication and distribution, and directory assistance. The following minimum terms and conditions apply:(A) Repair services. For purposes of this section, a CTU must be required to provide repair services for its own facilities regardless of whether such facilities are used by the CTU for retail purposes, provided by the CTU for resale purposes, or whether the facilities are ordered by another CTU for purposes of collocation.(B) E-9-1-1 services. E-9-1-1 services include automatic number identification (ANI), ANI and automatic location identification (ALI) selective routing, or any combination of 9-1-1 features required by the 9-1-1 administrative entity or entities responsible for the geographic area involved.(i) A CTU must meet the requirements of this clause before providing local exchange telephone service to any customer or any other service by which a customer may dial 9-1-1.(I) A CTU is responsible for ordering the dedicated 9-1-1 trunk groups necessary to provide E9-1-1 service as approved by the appropriate 9-1-1 administrative entity or entities in the relevant 9-1-1 service agreement, and subject to the written process for documenting \"unnecessary dedicated 9-1-1 trunks\" in clause (vi)(I) of this subparagraph. Connection with the appropriate CTU in the provision of 9-1-1 service may be either directly or indirectly in a manner approved by the appropriate 9-1-1 administrative entity or entities.(II) A CTU is responsible for enabling each customer of the CTU to dial the three digits 9,1,1 to access 9-1-1 service.(III) A CTU is responsible for providing the ANI to the appropriate CTU operating the E911 selective routers, 9-1-1 tandems, IP-based 9-1-1 systems, NG9-1-1 systems, or appropriate PSAPs, as applicable. The ANI must include both the NPA or numbering plan digit (NPD), a component of the traditional 9-1-1 signaling protocol that identifies 1 of 4 possible NPAs, as appropriate, and the local telephone number of the 9-1-1 calling customer that can be used to successfully complete a return call to the customer.(IV) A CTU is responsible for routing a 9-1-1 customer call, as well as interconnecting traffic on its network, to the appropriate E911 selective routers, 9-1-1 tandems, IP-based 9-1-1 systems, NG9-1-1 systems, or PSAPs, as applicable, based on the ANI or ALI. The appropriate 9-1-1 administrative entity or entities or the 9-1-1 network services provider, as applicable, must provide specifications to the CTU for routing purposes.(V) The CTU is responsible for providing the ALI for each of its customers. The ALI must consist of the calling customer name, physical location, appropriate emergency service providers, and other similar standard ALI location data specified by the appropriate 9-1-1 administrative entity. For purposes of this subclause, other similar standard ALI data does not include supplemental data that is not part of the standard ALI location record.(ii) A CTU must timely provide to the appropriate 911 administrative entity and the appropriate 9-1-1 database management services provider accurate and timely current information for all published, unpublished or nonpublished, and unlisted or nonlisted information associated with its customers for the purposes of emergency or E-911 services.(I) For purposes of this clause, a CTU timely provides the information if, within 24 hours of receipt, it delivers the information to the appropriate 9-1-1 database management services provider, or if the CTU is the appropriate 9-1-1 database management services provider, it places the information in the 9-1-1 database.(II) For purposes of this clause, the information sent by a CTU to the 9-1-1 database management services provider and the information used by the 9-1-1 database management services provider must be maintained in a fashion to ensure that the information is accurate at a percentage as close to 100% as possible. For purposes of this clause, the term \"accurate\" means a record that correctly routes a 9-1-1 call and provides correct location information relating to the origination of such call. For purposes of this clause, the term \"percentage\" means the total number of accurate records in that database divided by the total number of records in that database. In determining the accuracy of records, a CTU is not responsible for erroneous information provided to it by a customer or another CTU.(III) An interconnecting CTU must execute confidentiality agreements with other interconnecting CTUs, as necessary, to prevent the unauthorized disclosure of unpublished or unlisted numbers. An interconnecting CTU must be allowed access to the ALI database or its equivalent by the appropriate 9-1-1 database management services provider for verification purposes. The appropriate 9-1-1 administrative entity must provide non-discriminatory access to the master street address guide.(iii) A CTU is responsible for developing a 9-1-1 disaster recovery service restoration plan with input from the appropriate 9-1-1 administrative entity. This plan must identify the actions to be taken in the event of a network-based 9-1-1 service failure. The goal of such actions is the efficient and timely restoration of 9-1-1 service. Each CTU must notify the appropriate 9-1-1 administrative entity or entities of any changes in the CTU's network-based services and other services that may require changes to the plan.(iv) An interconnecting CTU must provide other interconnecting CTUs and the appropriate 9-1-1 administrative entity or entities notification of scheduled outages for direct dedicated 9-1-1 trunks at least 48 hours prior to such outages. In the event of unscheduled outages for direct dedicated 9-1-1 trunks, each interconnecting CTU must provide other interconnecting CTUs and the appropriate 9-1-1 administrative entities immediate notification of such outages.(v) Each NCTU's rates for 9-1-1 service to a public safety answering point is presumed to be reasonable if they do not exceed the rates charged by the ILEC for similar service.(vi) Unless otherwise determined by the commission, nothing in this rule, any interconnection agreement, or any commercial agreement may be interpreted to supersede the appropriate 9-1-1 administrative entity's authority to migrate to newer functionally equivalent IP-based 9-1-1 systems or NG9-1-1 systems or the 9-1-1 administrative entity's authority to require the removal of unnecessary direct dedicated 9-1-1 trunks, circuits, databases, or functions.(I) For purposes of this clause, \"unnecessary direct dedicated 9-1-1 trunks\" means those dedicated 9-1-1 trunks that generally would be part of a local interconnection arrangement but for: the CTU's warrant in writing that the direct dedicated 9-1-1 trunks are unnecessary and all 9-1-1 traffic from the CTU will be accommodated by another 9-1-1 service arrangement that has been approved by the appropriate 9-1-1 administrative entities; and written approval from the appropriate 9-1-1 administrative entities accepting the CTU's warrant. A 9-1-1 network services provider or CTU presented with such written documentation from the CTU and the appropriate 9-1-1 administrative entities must rely on the warrant of the CTU and the appropriate 9-1-1 entities.(II) Subclause (I) of this clause is intended to promote and ensure collaboration so that 9-1-1 service architecture and provisioning modernization can proceed expeditiously for the benefit of improvements in the delivery of 9-1-1 emergency services. Subclause (I) of this clause is not intended to require or authorize a 9-1-1 administrative entity's rate center service plan specifications or a 9-1-1 network architecture deviation that causes new, material cost shifting between telecommunications providers or between telecommunications providers and 9-1-1 administrative entities. Examples of such a deviation would be points of interconnection different from current LATA configurations and requiring provisioning of the 9-1-1 network with a similar type deviation that may involve new material burdens on competition or the public interest.(C) Operator services. An interconnecting CTU must negotiate to ensure the interoperability of operator services between networks, including the ability of operators on each network to perform such operator functions as reverse billing, line verification, call screening, and call interrupt.(D) White pages telephone directory and directory assistance. An interconnecting CTU must negotiate to ensure provision of white pages telephone directory and directory assistance services.(i) Appropriate information of each customer of an NCTU, including telephone numbers, must be included on a non-discriminatory basis in each DCTU's white pages directory associated with the geographic area covered by the white pages telephone directory published by the DCTUs. Similarly, any white pages telephone directory provided to a customer of an NCTU by a NCTU must have each corresponding DCTU listings available on a non-discriminatory basis. Each entry of NCTU customers in the DCTU white pages telephone directory must be interspersed in correct alphabetical sequence among the entries of the DCTU customers and must be no different in style, size, or format than the entries of the DCTU customers, unless requested otherwise by the NCTU. The CTU or its affiliate publishing a white pages telephone directory on behalf of the CTU must not directly charge the customer of another CTU located in the geographic areas covered by the white pages telephone directory for white pages listings or directory.(ii) Each customer listing located within the local calling area of a NCTU, but not located within the local calling area of the DCTU publishing the white pages telephone directory, must be included in a separate section of the DCTU's white pages telephone directory at the option of the NCTU.(iii) A CTU must provide directory listings and related updates to the CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU, or to any CTU providing directory assistance, in a timely manner to ensure inclusion in the annual white page listings and provision of directory assistance service that complies with §26.128 of this title. A CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU must be responsible for providing all other CTUs with timely information regarding deadlines associated with its published white pages telephone directory.(iv) A CTU must, upon request, provide accurate and current subscriber listings (name, address, telephone number) and updates in a readily usable format and in a timely manner, on a non-discriminatory basis, to publishers of yellow pages telephone directory. A CTU must not provide listings of subscribers desiring non-listed status for publication purposes.(v) White pages telephone directories must be distributed to each customer located within the geographic area covered by the white pages telephone directory on non-discriminatory terms and conditions by the CTU or affiliate of the CTU that publishes the white pages telephone directory.(vi) A CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU must provide every other CTU a single page in the information section of the white pages telephone directory for each CTU to convey critical customer contact information regarding emergency services, billing and service information, repair services and other pertinent information. The CTU's pages must be arranged in alphabetical order. Additional access to the information section of the white pages telephone directory are subject to negotiations.(vii) A CTU must provide information that identifies customers desiring non-listed or non-published telephone numbers or non-published addresses to the CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU and to the CTU maintaining the directory assistance database. A CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU must not divulge such non-listed or non-published telephone numbers or addresses and the CTU maintaining the directory assistance database must not divulge such non-published telephone numbers or addresses.(viii) CTUs must provide each other non-discriminatory access to directory assistance databases.(2) At a minimum, interconnecting CTUs must negotiate to ensure the following:(A) Non-discriminatory access to databases such as 800 and Line Information Data Base (LIDB) where technically feasible, to ensure interoperability between networks and the efficient, timely provision of service to customers;(B) non-discriminatory access to Telecommunications Relay Service;(C) Common Channel Signaling interconnection including transmission of privacy indicator where technically available;(D) non-discriminatory access to all signaling protocols and all elements of signaling protocols used in routing local and interexchange traffic, including signaling protocols used to query call processing databases, where technically feasible;(E) number portability and the inclusion of the NCTU's NXX code(s) in the Local Exchange Routing Guide and related systems;(F) non-discriminatory handling, including billing, of mass announcement/audiotext calls including 900 and 976 calls;(G) provision of intercept services for a specific telephone number in the event a customer discontinues service with one CTU, initiates service with another CTU, and the customer's telephone number changes;(H) cooperative engineering, operations, maintenance and billing practices and procedures; and(I) non-discriminatory access to Advanced Intelligent Network (AIN), where technically available.(f) Negotiations.(1) A negotiating party, including a CTU, must engage in good-faith negotiations and cooperative planning as necessary to achieve mutually agreeable interconnection arrangements.(2) Before terminating its first commercial telephone call, a CTU requesting interconnection must negotiate with each CTU or other negotiating party that is necessary to complete all telephone calls, including local service calls and EAS or ELCS calls, made by or placed to a customer of the requesting CTU. Upon request, DCTUs within major metropolitan calling areas will contact other CTUs and arrange meetings, within 15 days of such request, to facilitate negotiations and provide a forum for discussions of network efficiencies and intercompany billing arrangements.(3) Unless the negotiating parties establish a mutually agreeable date, negotiations are deemed to begin on the date when the CTU or other negotiating party from which interconnection is being requested receives the request for interconnection from the CTU seeking interconnection. The request must:(A) be in writing and hand-delivered; sent by certified mail or by facsimile;(B) identify the initial specific issues to be resolved, the specific underlying facts, and the requesting CTU's proposed resolution of each issue;(C) provide any other material necessary to support the request, included as appendices; and(D) provide the identity of the person authorized to negotiate for the requesting CTU.(4) The requesting CTU may identify additional issues for negotiation without causing an alteration of the date on which negotiations are deemed to begin.(5) The CTU or negotiating party from which interconnection is sought must respond to the interconnection request no later than 14 working days from the date the request is received. The response must:(A) be in writing and hand-delivered, sent by certified mail, or by facsimile;(B) respond specifically to the requesting party's proposed resolution of each initial issue identified by the requesting party, identify the specific underlying facts upon which the response is based and, if the response is not in agreement with the requesting party's proposed resolution of each issue, the responding party's proposed resolution of each issue;(C) provide any other material necessary to support the response, included as appendices; and(D) provide the identity of the person authorized to negotiate for the responding party.(6) At any point during the negotiations required under this subsection, a CTU or negotiating party may request the commission designee to participate in the negotiations and to mediate any differences arising in the course of the negotiation.(7) An interconnecting CTU may, by written agreement, accelerate the requirements of this subsection with respect to a particular interconnection agreement except that the requirements of subsection (g)(1)(A) of this section must not be accelerated.(8) Any disputes arising under or pertaining to negotiated interconnection agreements must be resolved in accordance with Chapter 21, Subchapter E, of this title (relating to Post-Interconnection Agreement Dispute Resolution).(g) Compulsory arbitration process.(1) A negotiating CTU that is unable to reach mutually agreeable terms, rates, or conditions for interconnection with any CTU or negotiating party may petition the commission to arbitrate any unresolved issues. To initiate the arbitration procedure, a negotiating CTU:(A) must file its petition with the commission on or between 135 and 160 days after the date on which its request for negotiation under subsection (f) of this section was received by the other CTU involved in the negotiation;(B) must provide the identity of each CTU or negotiating party with which agreement cannot be reached but whose cooperation is necessary to complete all telephone calls made by or placed to the customers of the requesting CTU;(C) must provide all relevant documentation concerning the unresolved issues;(D) must provide all relevant documentation concerning the position of each of the negotiating parties with respect to those issues;(E) must provide all relevant documentation concerning any other issue discussed and resolved by the negotiating parties; and(F) must send a copy of the petition and any documentation to the CTU or negotiating party with which agreement cannot be reached, not later than the day on which the commission receives the petition.(2) A non-petitioning party to a negotiation under subsection (f) of this section may respond to the other party's petition and provide such additional information within 25 days after the commission receives the petition.(3) The compulsory arbitration process must be completed no later than nine months after the date on which a CTU receives a request for interconnection under subsection (f) of this section.(4) Any disputes arising under or pertaining to arbitrated interconnection agreements must be resolved in accordance with Chapter 21, Subchapter E of this title.(h) Filing of rates, terms, and conditions.(1) Rates, terms and conditions resulting from negotiations, compulsory arbitration process, and statements of generally available terms.(A) A CTU from which interconnection is requested must file each agreement adopted by negotiation or by compulsory arbitration with the commission. The commission will make such an agreement available for public inspection and copying within ten days after the agreement is approved by the commission in accordance with subparagraphs (C) and (D) of this paragraph.(B) An ILEC serving greater than five million access lines may prepare and file with the commission, a statement of terms and conditions that the ILEC generally offers within the state in accordance with 47 U.S.C. §252(f) (1996). The commission will make such a statement available for public inspection and copying within ten days after the statement is approved by the commission in accordance with subparagraph (E) of this paragraph.(C) The commission will reject an agreement, in whole or in part, adopted by negotiation if it finds that:(i) the agreement (or any portion thereof) discriminates against a telecommunications carrier not a party to the agreement; or(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience, and necessity.(D) The commission will reject an agreement, in whole or in part, adopted by compulsory arbitration under subsection (g) of this section, in accordance with guidelines found in 47 U.S.C. §252(e)(2)(B) (1996).(E) The commission will review the statement of generally available terms filed under subparagraph (B) of this paragraph, in accordance with guidelines found in 47 United States Code §252(f) (1996). The submission or approval of a statement under this paragraph does not relieve an ILEC serving greater than five million access lines of its duty to negotiate the terms and conditions of an agreement in accordance with 47 U.S.C. §251(c)(1) (1996).(2) Rates, terms or conditions among DCTUs. Within 15 days of a request from a CTU negotiating interconnection arrangements with a DCTU, a non-redacted version of any agreement reflecting the rates, terms, and conditions between or among DCTUs which relate to interconnection arrangements for similar traffic must be disclosed to the CTU, subject to commission-approved non-disclosure or protective agreement. A non-redacted version of the same agreement must be disclosed to commission staff at the same time if requested, subject to commission-approved non-disclosure or protective agreement.(i) Customer safeguards.(1) Requirements for provision of service to customers. Nothing in this section or in a = CTU's tariffs precludes a customer of a CTU from purchasing local exchange service from more than one CTU at a time. A CTU is prohibited from connecting, disconnecting, or moving any wiring or circuits on the customer's side of the demarcation point without the customer's express authorization as specified in §26.130 of this title, (relating to Selection of Telecommunications Utilities).(2) Requirements for CTUs ceasing operations. If a CTU ceases operations, the CTU is responsible for notifying the commission and each customer of the CTU at least 61 working days in advance that each customer's service will be terminated. The notification must include a listing of all alternative service providers available to customers in the exchange and specify the date on which service will be terminated.(3) Requirements for service installations. A DCTU that interconnect with an NCTU is responsible for meeting the installation of service requirements under §26.54 of this title in providing service to the NCTU. NCTUs must make a good-faith effort to meet the requirements for installation in §26.54 of this title, and may negotiate with the DCTU to establish a procedure to meet this goal.(A) For those customers for whom the NCTU provides dial tone but not the local loop, 95% of the NCTU's service orders must be completed in no more than ten working days from request for service, unless a later date is agreed to by the customer.(B) For those customers for whom the NCTU does not provide dial tone and resells the telephone services of a DCTU, 95% of the NCTU's service orders must be completed no more than seven working days from request for service, unless the customer agrees to a later date.(C) For those customers where the NCTU uses facilities other than a DCTU's resale facilities obtained through Public Utility Regulatory Act §60.041, the NCTU must complete service orders within 30 calendar days from the request for service, unless a later date is agreed to by the customer.(D) A DCTU must not discriminate between the DCTU's customers and the customers of an NCTU if the DCTU is able to install service in less than the time permitted under §26.54 of this title.", "sourceNote": "Source Note: The provisions of this §26.272 adopted to be effective March 15, 2000, 25 TexReg 2048; amended to be effective November 14, 2010, 35 TexReg 9871; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82757", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "WHOLESALE MARKET PROVISIONS" }, "rule": { "number": "§26.274", "label": "Imputation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215873", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section applies to incumbent local exchange companies (ILECs) as that term is defined in the Public Utility Regulatory Act (PURA), §51.002(3). The obligations prescribed by this section may be applied to an ILEC with fewer than one million access lines in the state only on a bona fide request from a party having a justiciable interest.(b) Purpose. This section implements the state's regulatory policy to prevent an ILEC from selling a wholesale service or function to another telecommunications utility at a price that is higher than the rate the ILEC implicitly includes in retail services it provides.(c) Definition. The term \"competitively available\" when used in this section, shall mean a service that may be obtained from at least one source other than the ILEC to an extent sufficient to discipline the price charged by the ILEC in the state. In the context of an imputation test for a retail service, there shall be a rebuttable presumption that a wholesale service is competitively available if:(1) the ILEC providing the retail service has elected under the Public Utility Regulatory Act, Chapter 58 and the wholesale service is a competitive service; or(2) the service is available from a competitor, other than a pure reseller, to 60% of the access lines to which the retail service is or will be available.(d) Services for which imputation is required. Except as provided otherwise in subsection (e) of this section, imputation of the price of a wholesale service is required in establishing the rates for a retail service if:(1) the retail service cannot be purchased at wholesale rates for resale by a competitor; and(2) a wholesale service that is not competitively available is necessary for the competitor to provide its competing service.(e) Rates to which imputation is not required. The price of a retail local exchange telephone service that is a basic network service or a retail local exchange telephone service whose rate is capped pursuant to PURA Chapter 59 shall not be subject to the requirements of this section unless:(1) the price cap under PURA Chapter 58 or the election period under PURA Chapter 59 has expired;(2) the price cap applicable to the service is raised;(3) the ILEC's rates for local exchange telephone service are restructured or rebalanced; or(4) the service is reclassified from a basic network service to a non-basic service.(f) Imputation on a service-by-service basis. Imputation shall be applied on a service-by-service basis, not on a rate-element-by-rate-element basis.(g) Imputation methodology. An imputation study filed pursuant to this section shall demonstrate that the price the ILEC charges for a retail service recovers the cost of providing the service. Alternatively, the study may demonstrate that, no later than the second year after the retail service is first offered, the revenue the ILEC receives from the service recovers the cost of providing the service. For purposes of this section, the cost of providing a retail service is defined as the sum of:(1) specifically tariffed premium rates for the noncompetitive services or service functions, or elements of these noncompetitive services or service functions (or their functional equivalents) that are used to provide the retail service;(2) the total service long-run incremental costs of the competitive services or service functions that are used;(3) any costs, not otherwise reflected in paragraphs (1) or (2) of this subsection, that are specifically associated with provision of the retail service or group of services; and(4) any cost or surcharge associated with an explicit subsidy that is applied to all providers of the retail service for the purpose of promoting universal service.(h) Imputation study for a new service or a revised rate. In forecasting revenue and costs in an imputation study for a new service or a revised rate, it shall be the responsibility of the ILEC to demonstrate:(1) the validity of the data on which the forecast is based;(2) the validity of the statistical method or model on which the forecast is based; and(3) the validity of the interpretation and application of the forecast in the imputation study.(i) Timing of imputation studies. An imputation study shall be filed by an ILEC under any of the circumstances set out in paragraphs (1)-(5) of this subsection.(1) Upon complaint by a party, and a finding by the commission that an imputation study is in the public interest, or on the commission's own motion. Upon receiving a complaint calling for an imputation study, the commission shall determine within 45 days whether an imputation study shall be required.(2) When an ILEC files an application to reduce a rate for a retail service for which imputation is required.(3) When an ILEC applies to increase a rate for a wholesale service that:(A) is not competitively available; and,(B) is necessary for a competitor to provide its competing service or is a component of a retail service for which imputation is required.(4) In conjunction with an application to provide a new service or contract that uses a wholesale service that:(A) is not competitively available; and(B) is necessary for a competitor to provide its competing service.(5) As otherwise ordered by the commission.(j) Confidentiality of data. If a party classifies data filed with the commission as confidential, the party should designate the section of the Public Information Act (Chapter 522, Texas Government Code) that excepts the information from public disclosure. The commission will treat such information as confidential subject to the provisions of the Public Information Act and protective orders issued by the commission applicable to the data.(k) Waiver provisions.(1) The commission may waive the imputation requirement for a public interest service such as 9-1-1 or dual party relay service if the commission determines that the waiver is in the public interest.(2) After notice and hearing, and subject to the requirements of law, the commission may waive any provision of this section for good cause.", "sourceNote": "Source Note: The provisions of this §26.274 adopted to be effective April 20, 1999, 24 TexReg 3082; amended to be effective November 23, 2000, 25 TexReg 11381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215873", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "WHOLESALE MARKET PROVISIONS" }, "rule": { "number": "§26.276", "label": "Unbundling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27870", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §60.021, which requires an incumbent local exchange company (ILEC), at a minimum, to unbundle its network to the extent ordered by the Federal Communications Commission (FCC).(b) Application.(1) The provisions of this section apply, as of its effective date, to each ILEC that serves one million or more access lines.(2) The provisions of this section apply upon a bona fide request to each ILEC that serves fewer than one million access lines.(c) Unbundling requirements.(1) Unbundling in accordance with current FCC requirements. Each ILEC that is subject to this section must unbundle as specified in subparagraphs (A) and (B) of this paragraph. An ILEC with interstate tariffs in effect must unbundle its network or services under the same terms and conditions, except for price, as it unbundles its interstate services, unless ordered otherwise by the commission. The ILEC must also not impose a charge or rate element that is not included in its interstate tariffs for these unbundled rate elements. Nothing in this paragraph precludes the commission from requiring further unbundling of local exchange company services, including the services unbundled in accordance with this paragraph.(A) The ILEC's network must be unbundled to the extent ordered by the FCC in compliance with its open network architecture requirements; and(B) Signaling for tandem switching must be unbundled to the extent ordered by the FCC in compliance with CC Docket Number 91-141, Third Report and Order, In the Matter of Expanded Interconnection with Local Telephone Company Facilities, Transport Phase II.(2) Unbundling in accordance with future FCC requirements. An ILEC must unbundle its network or services for intrastate services to the extent ordered, in the future, by the FCC for interstate services. An ILEC with interstate tariffs in effect must unbundle these services under the same terms and conditions, except for price, as it unbundles its interstate services, unless ordered otherwise by the commission. The ILEC must also not impose a charge or rate element that is not included in its interstate tariffs for unbundling. Nothing in this paragraph precludes the commission from requiring further unbundling of local exchange company services, including the services unbundled in accordance with this paragraph.(d) Costing and pricing of services in compliance with this section.(1) Cost standard. Services unbundled in compliance with this section must be subject to the following cost standard.(A) The cost standard for unbundled services must be the long run incremental costs (LRIC) of providing the service.(B) Any ILEC subject to §26.214 of this title (relating to Long Run Incremental Cost (LRIC) Methodology for Services provided by Certain Incumbent Local Exchange Companies (ILECs)) or §26.215 of this title (relating to Long Run Incremental Cost Methodology for Dominant Certificated Telecommunications Utility Services), as applicable, must file LRIC studies in accordance with that rule for unbundled components specified in subsection (c)(1) of this section.(C) For any ILEC that is subject to §26.214 or §26.215 of this title, the cost standard for unbundled services required under subsection (c)(2) of this section must be the long run incremental costs as prescribed by §26.214 or §26.215 of this title, as applicable.(D) The long run incremental cost standard does not apply if the ILEC proposes rates that are the same as the rates in effect for the carrier's interstate provision of the same or equivalent unbundled service or if the ILEC adopts rates of another ILEC in accordance with paragraph (2)(B) of this subsection.(2) Pricing standard. Services unbundled in compliance with this section must be subject to the following pricing standard.(A) Any ILEC may propose rates, without cost justification, that are at parity with the rates in effect for the carrier's interstate provision of the same or equivalent unbundled service. The ILEC must amend its intrastate rates, terms and conditions to be consistent with subsequent revisions in its interstate tariffs providing for unbundling in accordance with the filing requirements established in subsection (f)(4) of this section.(B) In addition to the provision in subparagraph (A) of this paragraph, ILECs that are not subject to §26.214 or §26.215 of this title may adopt the rates of another ILEC that are developed in accordance with the requirements of this section.(C) If an ILEC proposes rates that are not at parity with the rates in effect for the carrier's interstate provision of the same or equivalent unbundled service or does not adopt the rates of another ILEC in accordance with subparagraph (B) of this paragraph, the following requirements apply to any service approved under this section:(i) Unless waived or modified by the presiding officer, the service must be offered in every exchange served by the ILEC, except exchanges in which the ILEC's facilities do not have the technical capability to provide the service.(ii) If the sum of the rates of the new unbundled components is equal to the price of the original bundled service and if the ratio of the rate of each unbundled component to its LRIC is the same for each unbundled component, there is a rebuttable presumption that the rate of an unbundled component is reasonable.(iii) The proposed rates and terms of the service must not be unreasonably preferential, prejudicial, or discriminatory, subsidized directly or indirectly by regulated monopoly services, or predatory or anticompetitive.(D) Rates based upon the new LRIC cost studies required under paragraph (1)(B) of this subsection are subject to §26.214 or §26.215 of this title, as applicable, to the same extent as any other service offered by an ILEC subject to the applicable provision.(e) Basket assignment. An ILEC electing for incentive regulation under PURA Chapter 58 must, in its compliance tariff filed in accordance with subsection (f) of this section, include a proposal and rationale for designating the unbundled components as basic services or non-basic services.(f) Filing requirements.(1) Initial filing to implement subsection (c)(1) of this section in effect for ILECs serving one million or more access lines. An ILEC serving one million or more access lines must file initial tariff amendments to implement the provisions of subsection (c)(1) of this section not later than 60 days from the effective date of this section. The proposed effective date of such filings must be not later than 30 days after the filing date, unless suspended. Tariff revisions filed in accordance with this paragraph must not be combined in a single application with any other tariff revision.(2) Filings to comply with subsection (c)(2) of this section for ILECs serving one million or more access lines. An ILEC serving one million or more access lines must file tariff amendments to implement the provisions of subsection (c)(2) of this section, within 60 days of the effective date of its interstate tariff providing for unbundling. The proposed effective date of such filings must be not later than 30 days after the filing date, unless suspended. Tariff revisions filed in accordance with this paragraph must not be combined in a single application with any other tariff revision.(3) Filings to implement subsections (c)(1) and (2) of this section for ILECs serving fewer than one million access lines. If an ILEC serving fewer than one million access lines receives a bona fide request, the ILEC must unbundle its network or services in accordance with the bona fide request within 90 days from the date of receipt of the bona fide request or has the burden of demonstrating the reasons for not unbundling in accordance with the bona fide request.(4) Filings to comply with subsection (d)(2)(A) of this section. An ILEC proposing rates in accordance with subsection (d)(2)(A) of this section must file tariff amendments to implement the revisions in its interstate tariffs providing for unbundling, within 30 days of the effective date of its interstate tariff providing for unbundling. The proposed effective date of such filings must be not later than 30 days after the filing date, unless suspended. Tariff revisions filed in accordance with this paragraph must not be combined in a single application with any other tariff revision.(g) Requirements for notice and contents of application in compliance with this section.(1) Notice of Application. The presiding officer may require notice to be provided to the public as required by Chapter 22, Subchapter D of this title (relating to Notice). The notice must include, at a minimum, a description of the service, the proposed rates and other terms of the service, the types of customers likely to be affected if the service is approved, the probable effect on ILEC's revenues if the service is approved, the proposed effective date for the service, and the following language: \"Persons who wish to comment on this application should notify the commission by (specified date, ten days before the proposed effective date). Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Consumer Protection Division at (512) 936-7120 or toll free at (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at (800) 735-2989.\"(2) Contents of application for an ILEC serving one million or more access lines that is required to comply with subsection (f)(1), (2), and (4) of this section. An ILEC must request approval of an unbundled service by filing an application that complies with the requirements of this section. A copy of the application must be delivered to the Office of Public Utility Counsel. The application must contain the following information:(A) a description of the proposed service and the rates, terms and conditions, under which the service is proposed to be offered and a demonstration that the proposed rates, terms and conditions comply with the requirements in subsections (c), (d), and (e) of this section, as applicable;(B) a statement detailing the type of notice, if any, the ILEC has provided or intends to provide to the public regarding the application and a brief statement explaining why the ILEC's notice proposal is reasonable;(C) a copy of the text of the notice, if any;(D) a long run incremental cost study supporting the proposed rates, if the rates are not at parity with the carrier's interstate rates;(E) detailed documentation showing that the proposed service is priced above the long run incremental cost of such service, including all workpapers and supporting documentation relating to computations or assumptions contained in the application, if the rates are not at parity with the carrier's interstate rates;(F) projection of revenues, demand, and expenses demonstrating that in the second year after the service is first offered, the proposed rates will generate sufficient annual revenues to recover the annual long run incremental costs of providing the service, as well as a contribution for joint or common costs, if the rates are not at parity with the carrier's interstate rates;(G) explanation that the proposed rates and terms of the service are not unreasonably preferential, prejudicial, or discriminatory, subsidized directly or indirectly by regulated monopoly services, or predatory or anticompetitive;(H) the information required by §§26.121 of this title (relating to Privacy Issues), 26.122 of this title (relating to Customer Proprietary Network Information, and 26.123 of this title (relating to Caller Identification Services); and(I) any other information which the ILEC wants considered in connection with the commission's review of its application.(3) Contents of application for an ILEC serving fewer than one million access lines that is required to comply with subsection (f)(3) and (4) of this section. An ILEC must file with the commission an application complying with the requirements of this section. A copy of the application must the Office of Public Utility Counsel. The application must contain the following:(A) contents of the application required by paragraph (2)(A), (B), (C), (H), and (I) of this subsection;(B) contents of the application required by paragraph (2)(D), (E), (F), and (G) of this subsection, if the rates are not at parity with the carrier's interstate rates or the rates of another ILEC;(C) a description of the proposed service and the rates, terms, and conditions under which the service is proposed to be offered and an affidavit from the general manager or an officer of the ILEC approving the proposed service;(D) a notarized affidavit from a representative of the ILEC affirming that the rates are just and reasonable and are not unreasonably preferential, prejudicial, or discriminatory; subsidized directly or indirectly by regulated monopoly services; or predatory, or anticompetitive; and(E) projections of the amount of revenues that will be generated by the proposed service.(h) Commission processing of application.(1) Administrative review. An application considered under this section is eligible for administrative review unless the ILEC requests the application be docketed or the presiding officer, for good cause, determines at any point during the review that the application should be docketed.(A) The operation of the proposed rate schedule may be suspended for 35 days after the effective date of the application. The effective date must be according to the requirements in subsection (f) of this section.(B) The application will be reviewed for sufficiency. If the presiding officer concludes that material deficiencies exist in the application, the applicant will be notified within ten working days of the filing date of the specific deficiency in its application, and the earliest possible effective date of the application will be no less than 30 days after the filing of a sufficient application with substantially complete information as required by the presiding officer. Thereafter, any deadlines will be 30 days from the day after the filing of the sufficient application and information or from the effective date if the presiding officer extends that date.(C) While the application is under administrative review, commission staff and the staff of the Office of the Public Utility Counsel (OPUC) may submit requests for information to the ILEC. Answers to such requests for information must be filed with the commission and a copy must be provided to OPUC within ten days after receipt of the request by the ILEC.(D) No later than 20 days after the filing date of the sufficient application, interested persons may provide to the commission staff written comments or recommendations concerning the application. Commission staff must and OPC may file with the presiding officer written comments or recommendations concerning the application.(E) No later than 35 days after the effective date of the application, the presiding officer will issue an order approving, denying, or docketing the ILEC's application.(2) Approval or denial of application. The application will be approved by the presiding officer if the proposed tariff meets the requirements in this section. If, based on the administrative review, the presiding officer determines, that one or more of the requirements not waived have not been met, the presiding officer will docket the application.(3) Standards for docketing. The application may be docketed in accordance with §22.33(b) of this title (relating to Tariff Filings).(4) Review of the application after docketing. If the application is docketed, the operation of the proposed rate schedule will be automatically suspended to a date 120 days after the applicant has filed its direct testimony and exhibits, or 155 days after the effective date, whichever is later. Affected persons may move to intervene in the docket, and the presiding officer may schedule a hearing on the merits. The application will be processed in accordance with the commission's rules applicable to docketed cases.(5) Interim rates. For good cause, interim rates may be approved after docketing. If the service requires substantial initial investment by customers before they may receive the service, interim rates will be approved only if the ILEC shows, in addition to good cause, that it will notify each customer prior to purchasing the service that the customer's investment may be at risk due to the interim nature of the service.(i) Commission processing of waivers. Any request for modification or waiver of the requirements of this section must include a complete statement of the ILEC's arguments and factual support for that request. The presiding officer will rule on the request expeditiously.", "sourceNote": "Source Note: The provisions of this §26.276 adopted to be effective July 15, 1999, 24 TexReg 5190; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "L", "label": "WHOLESALE MARKET PROVISIONS" }, "rule": { "number": "§26.283", "label": "Infrastructure Sharing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166767", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.(1) Local exchange company (LEC)--As defined in the Public Utility Regulatory Act, Texas Utilities Code §51.002(4) (Vernon 1998) (PURA).(2) Public switched network infrastructure and technology--Includes, but is not limited to:(A) Basic public switched network infrastructure and technology--The physical plant and corresponding functionalities that provide basic network services such as those listed in PURA §58.051.(B) Advanced public switched network infrastructure and technology--The physical plant and corresponding functionalities that provide integrated services digital network (ISDN) services as set forth in PURA §58.203(c), optical fiber or equivalent facilities, and Common Channel Signaling System 7.(3) Requesting local exchange company (LEC)--An LEC that requests another LEC to share public switched network infrastructure and technology.(4) Sharing local exchange company (LEC)--An LEC that has been requested by another LEC to share public switched network infrastructure and technology.(5) Sole carrier of last resort--The LEC holding a certificate of convenience and necessity, as to the geographic area covered by such certificate.(b) Requirement to share. The commission may require any LEC to share public switched network infrastructure and technology with any other LEC that requests such sharing. In determining whether an LEC is required to share public switched network infrastructure and technology, the commission will consider such matters as:(1) whether the requesting LEC lacks economies of scale or scope that would prohibit the requesting LEC from offering a particular telecommunications service in an economically efficient manner in a specific geographic area;(2) whether the requesting LEC is the sole carrier of last resort in the specific geographic area involved;(3) whether requiring an LEC to share its public switched network infrastructure and technology would be economically efficient for the sharing LEC, or, if not, whether terms and conditions can and should be imposed that would make such sharing economically efficient; and(4) whether requiring an LEC to share its public switched network infrastructure and technology is in the public interest.(c) Procedure to request sharing.(1) An LEC requesting that another LEC share public switched network infrastructure and technology shall make its request to the sharing LEC in writing.(2) The requesting LEC and the sharing LEC shall negotiate terms and conditions of the sharing arrangement. The terms and conditions may include, but are not required to include, joint ownership and/or operation of public switched network infrastructure and services by the LECs.(3) Within 60 days after an LEC has received a request for sharing, the sharing and requesting LECs shall jointly file an agreement setting forth the terms and conditions of the sharing arrangement, unless the requesting LEC and the sharing LEC agree to an extension of time. If the parties cannot reach agreement on the appropriate terms and conditions, the requesting party shall instead file a petition to resolve issues related to infrastructure sharing. A petition to resolve issues related to infrastructure sharing shall be filed not later than the 60th day after the sharing LEC's receipt of the request for sharing, or such later time as the requesting LEC and the sharing LEC agree. The petition shall set forth, as appropriate, the terms and conditions on which agreement has been reached, the specific issues the commission is being asked to resolve, the requesting LEC's suggested resolution of such issues in terms that could be inserted into an agreement, and a suggested procedural schedule for resolution of the issues. The petition shall also address the factors that the commission must consider under subsection (b) of this section. If a petition is filed in lieu of an agreement, the sharing LEC must file a response within 10 days of the filing of the petition. The sharing LEC's response must address, in like manner, each item required by this subsection to be included in the petition.", "sourceNote": "Source Note: The provisions of this §26.283 adopted to be effective May 13, 1998, 23 TexReg 4569." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166767", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "M", "label": "OPERATOR SERVICES" }, "rule": { "number": "§26.311", "label": "Information Relating to Operator Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166768", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this subchapter are intended to ensure that competitive operator services are provided in a fair and reasonable manner and to maximize consumer choice by ensuring that consumers have access to their carriers of choice when using telephones intended for use by the public.(b) Application. This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154.(c) Definition. The term \"rate information,\" when used in this subchapter, shall mean all charges ultimately charged to the end user by the operator service provider (OSP), including any surcharges, fees, and any other form of compensation charged by the OSP on behalf of the call aggregator.(d) Complaints relating to operator services.(1) The OSP shall have a toll-free telephone number that callers may use, during normal business hours, to voice complaints and make inquiries. After normal business hours, the OSP shall have an answering machine/mechanism to receive complaints.(2) Section 26.30 of this title (relating to Complaints) shall apply to all complaints under this subchapter.(3) The commission may formally investigate any complaint against any OSP, interexchange carrier or dominant certificated telecommunications utility alleged to have violated the provisions of this subchapter. The company shall be given an opportunity to informally resolve any complaint involving violation of these rules. If no resolution is achieved informally, the commission may formally investigate the complaint upon its own motion or upon request of the original complainant.(e) Enforcement. Upon proper notice, evidentiary hearing, and determination that a violation has occurred or is about to occur, the commission may take action to stop, correct or prevent the violation. Any OSP found to be in violation of provisions of this subchapter is subject to administrative penalties, civil penalties, and injunctive relief pursuant to the PURA §§15.023, 15.028, and 15.021.", "sourceNote": "Source Note: The provisions of this §26.311 adopted to be effective March 15, 2000, 25 TexReg 2054; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166768", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "M", "label": "OPERATOR SERVICES" }, "rule": { "number": "§26.313", "label": "General Requirements Relating to Operator Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "93205", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154.(b) Requirements to provide operator service.(1) An operator service provider (OSP) that provides end user operator services for a call aggregator through a telephone that is intended for public use must do so pursuant to a contract with the call aggregator, as a presubscribed interexchange carrier, or, in the case of a dominant certificated telecommunications utility (DCTU), pursuant to a tariff approved by the commission.(2) Notwithstanding the provisions of paragraph (1) of this subsection, an OSP that owns or otherwise controls telephones that are intended for public use shall for those telephones comply with all provisions of this subchapter otherwise required to be included in contracts between OSPs and call aggregators, without the necessity of a contract.(3) Where a different OSP is presubscribed for operator services at pay telephones owned by a DCTU, the DCTU shall for those telephones comply with all provisions of this subchapter otherwise required to be included in contracts between OSPs and call aggregators.(4) If a DCTU or presubscribed interexchange carrier provides operator services through telephones that are intended for public use, other than those telephones subject to paragraphs (2) and (3) of this subsection, and pays fees or other forms of compensation to a call aggregator, the DCTU or presubscribed interexchange carrier shall do so pursuant to a contract with the call aggregator.(c) Requirements before call is completed. The provider of operator services shall:(1) audibly and distinctly identify itself to the customer upon answering calls;(2) audibly and distinctly identify itself to the billed party if the billed party is different from the caller;(3) quote rate information at the caller's request, without charge, 24 hours a day, seven days a week; and(4) permit the caller to terminate the call at no charge prior to completion of the call by the OSP.(d) Requirements for uncompleted call. There shall be no charge to the caller for any uncompleted call.(1) No OSP shall knowingly bill for uncompleted calls.(2) If the OSP cannot determine with certainty that a call was completed, it shall provide a full credit for any call of one minute or less upon being informed by a customer that the call was not completed.(3) An uncompleted call includes, but shall not be limited to:(A) calls terminating to an intercept recording, line intercept operator, or a busy tone; or(B) calls that are not answered.(4) An uncompleted call does not include calls using busy line interrupt, line status verification, or directory assistance services.(e) Requirement to provide access to a live operator.(1) Each telecommunications utility that provides operator services shall ensure that a caller may access a live operator at the beginning of all automated operator-assisted calls through a method designed to be easily and clearly understandable and accessible to the caller. This requirement applies only to \"0-\" calls where the caller reaches an automated operator. Within 30 days of initially providing operator services each such telecommunications utility shall file in the Central Records Office of the commission, for review, a document describing the method by which the utility is providing access to a live operator, as provided by the Public Utility Regulatory Act §55.088.(2) This subsection applies regardless of the method by which the telecommunications utility provides the operator service.(3) The requirements of this subsection shall not apply to telephones located in confinement facilities.(f) Call splashing. Call splashing is call transferring (whether caller requested or OSP initiated) that results in a call being rated and/or billed from a point different from that where the call originated. Call splashing shall not be allowed unless a waiver of the access requirements in §26.319(1)(A) of this title (relating to Access to the Operator of a Local Exchange Company (LEC)) has been granted pursuant to §26.319(3) of this title and unless:(1) the originating OSP first clearly and explicitly notifies the caller that the call will be splashed and may result in rating and/or billing of the call from a point different from that where the call originated; and(2) the originating OSP allows the caller to abort the call without charge after notification that the call will be splashed.(g) Other requirements.(1) OSPs that are not DCTUs are subject to the requirements contained in the Public Utility Regulatory Act and the commission's substantive rules for nondominant telecommunications utilities.(2) If an OSP provides a local exchange company with information regarding end-user access to the OCP, the OSP must provide a single access code; must detail, by NPA-NXX, where the access code can be used to access the OSP; and must provide the local exchange company with appropriate instructions for use of the access code. The OSP is responsible for ensuring that the access code specified is available for each NPA-NXX listed and for updating the information.", "sourceNote": "Source Note: The provisions of this §26.313 adopted to be effective March 15, 2000, 25 TexReg 2054; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "93205", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "M", "label": "OPERATOR SERVICES" }, "rule": { "number": "§26.315", "label": "Requirements for Dominant Certificated Telecommunications Utilities (DCTUs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166769", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Validation information. Each DCTU shall make validation information (e.g., DCTU calling card numbers, whether an access line is equipped with billed number screening, or whether an access line is a pay telephone) available to any interexchange carrier requesting it on the same prices, terms, and conditions that the DCTU provides the service to any other interexchange carrier. The DCTU may comply with the requirements of this paragraph by providing its own database, making arrangements with another DCTU to provide the information, or making arrangements with a third-party vendor.(b) Billing and collection services. Each DCTU shall offer billing and collection services, pursuant to subsection (c) of this section, to any interexchange carrier requesting it on the same prices, terms, and conditions that the DCTU provides the services to any other interexchange carrier.(c) Validation requirements. If validation information is available for calls that the interexchange carrier (or a third-party billing and collection agent operating on behalf of the interexchange carrier) will bill through the DCTU, the interexchange carrier is required to validate the call and is allowed to submit the call for billing only if the call was validated. To insure that only validated collect calls are billed, the DCTU shall:(1) Establish edits in the DCTU's current billing system to insure that calls less than five minutes in duration, and total charges for that call exceed $35, are not billed; or(2) For charges that appear on the retail consumer's monthly billing statement, establish internal processes to track retail consumer complaints for each billing month for each third party entity. For any third party entity with complaints that exceed a threshold of 0.5% of all records billed for the billing month in which the report is generated, the DCTU shall initiate a proceeding with the commission to determine whether the billing and collection agreement should be terminated by commission order. In conjunction with the internal tracking procedures, the DCTU will establish a random, periodic, unannounced audit process whereby the DCTU will audit messages. The audited carrier will be required to provide the DCTU the necessary audit data in a form consistent with DCTU capabilities. The fact an audit has or has not been conducted and/or the DCTU has not previously questioned the charges at issue does not constitute approval or endorsement of charges by the DCTU; and(3) The DCTU shall implement a public education campaign to advise customers of the responsibilities and obligations associated with accepting collect telephone calls. The public education campaign must also inform customers of the DCTU's policies and procedures for contesting unauthorized collect call charges. A DCTU fulfills this requirement if it publishes such information in the customer rights section of the white page directory.(d) Request to access another carrier. If a DCTU receives a request from a caller to access another carrier, the DCTU shall, using the same prices, terms, and conditions for all carriers, either:(1) transfer the caller to the caller's carrier of choice if facilities that allow such transfer are available and if such transfer is otherwise allowed by law; or(2) instruct the caller how to access the caller's carrier of choice if that carrier has provided the DCTU with the information referred to in §26.319(2) of this title (relating to Access to the Operator of a Local Exchange Company (LEC)).", "sourceNote": "Source Note: The provisions of this §26.315 adopted to be effective March 15, 2000, 25 TexReg 2054; amended to be effective March 20, 2002, 27 TexReg 2009." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166769", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "M", "label": "OPERATOR SERVICES" }, "rule": { "number": "§26.317", "label": "Information To Be Provided at the Telephone Set" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166770", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154.(b) A contract between an operator service provider (OSP) and a call aggregator for the provision of operator services through telephones that are intended for public use shall require the call aggregator to attach to each telephone set that has access to the operator service and that is intended for public use, a card furnished by the OSP that provides:(1) the name of the OSP;(2) instructions for accessing the OSP, with a statement that the OSP will quote rate information upon request at no charge to the caller, 24 hours a day, seven days a week, or a statement that instructions for obtaining rate information are available at a designated toll-free telephone number, 24 hours a day, seven days a week;(3) instructions for accessing the operator of a local exchange company that meets the requirements of §26.315(d) of this title (relating to Requirements for Dominant Certificated Telecommunications Utilities (DCTUs)), or a statement that instructions for accessing such local exchange company operator are available at a designated toll-free telephone number, 24 hours a day, seven days a week, except local exchange companies meeting the requirements of §26.315(d) of this title are exempt from this paragraph if the local exchange company is the OSP for which instructions are posted pursuant to paragraph (2) of this subsection;(4) instructions for registering a complaint about the service at a designated toll-free telephone number;(5) instructions in English and Spanish for accessing emergency service; and(6) a notice that states, \"You may use another long distance carrier. Follow your carrier's instructions, or contact the local exchange company operator for assistance.\" or, in the case of telephones that directly route \"0-\" calls to the local exchange company operator, a notice that states, \"You may use another long distance carrier. Follow your carrier's instructions, or dial \"0\" for assistance.\" (The local exchange company referred to in this paragraph must serve the area and meet the requirements of §26.315(d) of this title.) The notice required by this paragraph may use the term \"local exchange carrier operator\" in place of the term \"local exchange company operator.\"(c) Notwithstanding subsection (b) of this section, in the case of pay telephones owned by the DCTU, where the DCTU is the OSP for intraLATA operator service and another carrier is the OSP for interLATA operator service, the interLATA OSP shall inform the DCTU of the appropriate information to be posted, and the DCTU shall post the information required by subsection (b)(1), (2) and (4) of this section for the interLATA OSP. In addition, the DCTU shall post the information required by subsection (b)(5) and (6) of this section. After initial information cards are posted, DCTUs may file tariffs to recover from the OSPs presubscribed to pay telephones owned by the DCTUs the incremental cost for maintaining updated information cards plus a reasonable contribution.(d) The commission may approve applications for modification of the requirements contained in this section upon showing of good cause. Applications for modification may be filed by the call aggregator or by the OSP. The commission shall process applications for modification using the following criteria and procedures:(1) Each application for modification shall contain a certificate of service attesting that a copy of the request has been served upon the Office of Public Utility Counsel.(2) Each application for modification shall clearly set forth the good cause for approval of the modification.(3) Each application for modification shall initially be assigned a project control number, assigned to a presiding officer, and reviewed administratively.(A) No later than 30 days after the filing date of the application, interested persons other than the commission staff and the Office of Public Utility Counsel may file written comments or recommendations concerning the application. No later than 60 days after the filing of the application, the commission staff shall, and the Office of Public Utility Counsel may, file written comments or recommendations concerning the application.(B) Within 90 days of filing, after administrative review, the presiding officer shall approve, deny, or docket the application. The presiding officer may postpone a decision on the application beyond the 90th day after filing if he or she finds that additional information is needed.(4) Any participating party may request, within ten days of the presiding officer's order approving or denying the application, that the application be docketed, and upon such request, the application shall be docketed.(5) If the presiding officer either approves or denies the application for modification and no participating party has requested that the application be docketed, a copy of the presiding officer's ruling shall be provided to the commission. The commission may, within 40 days of the presiding officer's ruling, overrule the approval or denial and order that the application for modification be docketed.(e) The requirements of this section shall not apply to telephones located in confinement facilities.", "sourceNote": "Source Note: The provisions of this §26.317 adopted to be effective March 15, 2000, 25 TexReg 2054; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166770", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "M", "label": "OPERATOR SERVICES" }, "rule": { "number": "§26.319", "label": "Access to the Operator of a Local Exchange Company (LEC)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166771", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154. (b) A contract between an operator service provider (OSP) and a call aggregator for the provision of operator services through telephones that are intended for public use shall require that the call aggregator allow access to the operator of a local exchange company that meets the requirements enumerated in §26.315(d) of this title (relating to Requirements for Dominant Certificated Telecommunications Utilities (DCTUs)) and serves the area from which the call is made, and to other telecommunications utilities unless otherwise provided in paragraph (3) of this subsection. (1) The access required by this subsection shall be provided subject to the conditions contained in subparagraphs (A) - (C) of this paragraph. (A) Access to such local exchange company operator shall be accomplished either: (i) by directly routing all \"0-\" calls to the local exchange company operator, without charge to the caller; or (ii) by transfer or redirection of the call by the OSP, without charge to the caller, in accordance with the requirements of subclauses (I) - (III) of this clause: (I) the OSP shall transfer or redirect the call to such local exchange company operator serving the originating area; (II) the OSP shall transfer or redirect the call to such local exchange company operator in such a way that the local exchange company operator receives all signaling information (e.g., ANI and OLS) that would have been received by the local exchange operator if the call had been directly routed to the local exchange company; and (III) the OSP shall be in compliance with the requirements of §26.321 of this title (relating to 9-1-1 Calls, \"0-\" Calls, and End User Choice). (B) Access to interexchange carriers by \"950-XXXX\" and \"1-800\" numbers shall not be blocked. (C) Access to interexchange carriers by \"1010XXX+0\" (whether \"1010XXX+0+\" or \"1010XXX+0-\") dialing shall not be blocked if the end office serving the originating line has originating line screening capability. A nonpresubscribed interexchange carrier shall not bill the call aggregator or the presubscribed interexchange carrier for local or toll messages originated at the call aggregator's facility by use of \"1010XXX+0\" (whether \"1010XXX+0+\" or \"1010XXX+0-\") dialing, or where the calls originated at the call aggregator's facility and otherwise reached an operator, if the call aggregator has subscribed to the necessary local exchange company-provided outgoing call screening or has otherwise provided the necessary call screening to ensure that appropriate originating line screening is transmitted with each call. (2) The local exchange company that provides local service to the call aggregator shall provide to the call aggregator, upon request, the names, with addresses or telephone numbers, of interexchange carriers that can be accessed by use of \"1010XXX\" dialing from the call aggregator's facilities. (3) Waivers to the access requirement may be granted by the commission to prevent fraudulent use of telephone services or for other good cause. An application under subparagraph (B) of this paragraph is not required for any generic waiver granted by subparagraph (A) of this paragraph. (A) The commission finds that the following generic waivers of the access requirement are required to prevent fraudulent use. (i) Access to interexchange carriers by \"1010XXX+0\" (whether \"1010XXX+0+\" or \"1010XXX+0-\") dialing may be blocked if the end office serving the originating line does not have originating line screening capability. (ii) Access to interexchange carriers by \"1010XXX+1\" dialing may be blocked. (iii) Access to the local exchange carrier operator and to other telecommunications utilities from telephones located in confinement facilities may be blocked. (B) Applications for waiver of the requirement for access to the local exchange carrier operator or to other telecommunications utilities to prevent fraudulent use of telephone service or for other good cause may be filed by the call aggregator or the OSP. The commission shall process such applications for waiver using the following criteria and procedures: (i) Each application for waiver shall contain a certificate of service attesting that a copy of the application has been served upon the Office of Public Utility Counsel and affected telecommunications utilities, including those identified in paragraph (2) of this subsection and the local exchange companies serving the affected exchange. If the application for waiver pertains to technical limitations of certain equipment, the application for waiver shall contain a certificate of service attesting that a copy of the application has been served upon the Office of Public Utility Counsel and all telecommunications utilities registered with or certificated by the commission. The certificate shall list the telecommunications utilities on which copies of the application were served. (ii) If the application for waiver pertains to technical limitations of certain equipment, the equipment shall be clearly identified in the application, including the manufacturer and the model. The application shall indicate the date of purchase of the equipment by the call aggregator, the extent to which equipment is available to allow the access requirements to be met, the associated costs, and the time requirements associated with equipment modifications. (iii) The access requirement shall be enforced while the application for waiver is pending. (iv) Each application for waiver shall initially be assigned a project control number, assigned to a presiding officer, and reviewed administratively. (I) No later than 30 days after the filing date of the application, interested persons other than the commission staff and the Office of Public Utility Counsel may file written comments or recommendations concerning the application. No later than 60 days after the filing of the application, the commission staff shall, and the Office of Public Utility Counsel may, file written comments or recommendations concerning the application. (II) Within 90 days of the filing, after administrative review, the presiding officer shall approve, deny, or docket the application. The presiding officer may postpone a decision on the application beyond the 90th day after filing if he or she finds that additional information is needed to determine whether good cause exists. (v) A participating party may request, within ten days of the presiding officer's ruling approving or denying the application, that the application be docketed, and upon such request, the application shall be docketed. (vi) If the presiding officer either approves or denies the application for waiver and no participating party has requested that the application be docketed, a copy of the presiding officer's ruling shall be provided to the commission. The commission may, within 40 days of the presiding officer's ruling, overrule the approval or denial and order that the request for waiver be docketed.", "sourceNote": "Source Note: The provisions of this §26.319 adopted to be effective March 15, 2000, 25 TexReg 2054; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166771", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "M", "label": "OPERATOR SERVICES" }, "rule": { "number": "§26.321", "label": "9-1-1 calls, \"0-\" calls, and End User Choice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77022", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154.(b) A contract between an operator service provider (OSP) and a call aggregator for the provision of operator services through telephones that are intended for public use shall require the call aggregator to allow 9-1-1 calls to be outpulsed directly to the public service answering point without requiring a coin or credit card.(c) Where end user choice, as defined in §26.5 of this title (relating to Definitions), is not available, a contract between an OSP and a call aggregator for the provision of operator services through telephones that are intended for public use shall require the call aggregator to allow \"0-\" calls and to directly, without charge to the calling party, route all \"0-\" calls to an OSP that provides access to emergency services that meet the technical standards set forth in paragraphs (1) - (6) of this subsection. The OSP shall:(1) identify the originating telephone number and the location of the originating telephone, except dominant certificated telecommunications utilities (DCTUs) shall be allowed to identify the location using internal sources such as repair service or business office records if such internal sources are accessible to operators for emergency purposes 24 hours a day;(2) have a complete and current list of all emergency service provider telephone numbers for each NPA-NXX served, including, but not limited to, police or sheriff, fire, and ambulance;(3) be available 24 hours a day, seven days a week, without requiring a coin or credit card;(4) promptly connect the appropriate emergency service provider;(5) stay on the line until such time as the operator determines that the caller has been connected to the proper emergency service provider; and(6) require that the call aggregator make a test call when equipment providing access to the OSP is installed, serviced, or relocated and at least semi-annually from each originating telephone number subscribed to the OSP, in order to verify the originating telephone number and the location of the telephone, unless the OSP receives automatic number identification (ANI), as defined in §26.5 of this title for that telephone number.(d) When and where available, use of end user choice is required.(e) The requirements of this section shall not apply to telephones located in confinement facilities.(f) Nothing in this section shall be deemed to require the initial routing of \"0-\" calls from pay telephones owned by a local exchange company that provides access to emergency service providers and that meets the requirements enumerated in §26.315 of this title (relating to Requirements for Dominant Certificated Telecommunications Utilities (DCTUs)) to any OSP other than the local exchange company itself.", "sourceNote": "Source Note: The provisions of this §26.321 adopted to be effective March 15, 2000, 25 TexReg 2054; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77022", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "N", "label": "PAY TELEPHONE SERVICE" }, "rule": { "number": "§26.341", "label": "General Information Relating to Pay Telephone Service (PTS)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166772", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. The term \"rate information\", when used in this subchapter, shall mean all charges ultimately charged by the PTS provider, including any surcharges, fees, and any other form of compensation charged by the PTS provider on behalf of the operator service provider.(b) Registration. All pay telephone service providers shall register with the commission pursuant to §26.102 of this title (relating to Registration Requirements for Pay Telephone Service Providers).(c) Violation of regulations. The commission may order disconnection of service for up to one year for repeat violations of commission rules. If the commission finds that a registered pay telephone service provider has violated any provision of this section, the commission shall order the provider to take corrective action, as necessary, and the provider may be subject to administrative penalties and other enforcement actions pursuant to the Public Utility Regulatory Act (PURA), Chapter 15. Further, if the commission finds that a registered pay telephone service provider has repeatedly violated any provisions of this section, the commission shall order termination of a pay telephone service provider's registration pursuant to PURA, §17.052.(d) Enforcement. The commission shall coordinate its enforcement efforts against a pay telephone service provider for fraudulent, unfair, misleading, deceptive, or anticompetitive business practices with the Office of the Attorney General, to ensure consistent treatment of specific alleged violations.", "sourceNote": "Source Note: The provisions of this §26.341 adopted to be effective April 4, 2000, 25 TexReg 2799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166772", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "N", "label": "PAY TELEPHONE SERVICE" }, "rule": { "number": "§26.342", "label": "Pay Telephone Service Tariff Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77024", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154.(b) Available upon request. Upon formal request for service by any prospective provider of pay telephone service (PTS), a certificated telecommunications utility (CTU) is required to file a tariff providing for interconnection of customer-owned pay telephones, except as otherwise provided in subsection (c) of this section.(c) Special assembly tariffs. A CTU with fewer than 50 pay telephone lines may provide pay telephone access service (PTAS) pursuant to existing special assembly tariffs; however, in no event may a CTU provide to more than ten special assembly arrangements. Special assembly rates must be computed in accordance with this section. CTUs that provide PTAS pursuant to special assembly tariffs must enter into a written agreement with the PTS provider that requires the provider to perform all functions and obligations specified in §26.344 of this title (relating to Pay Telephone Service Requirements). When a CTU that holds a certificate of convenience and necessity (CCN) makes its initial filing to offer PTAS, the application must include the proposed tariff, cost studies or a commission approved rate for similar services offered by a larger CTU holding a CCN.(d) Enforcement of tariff requirements. If a PTS provider is in violation of a tariff provision, the CTU must notify the PTS provider of the violation in writing. Such notice must refer to the specific tariff provisions being violated. The notice must state that the PTS provider is subject to disconnection by the CTU of the instrument(s) in violation of the tariff unless the PTS provider corrects the violation and notifies the CTU in writing, within 20 days of receipt of the notice of the violation, that the violation has been corrected. The CTU may disconnect the instrument(s) that are in violation of the tariff on or after the 20th day after receipt of the notice by the PTS provider, if the PTS provider did not notify the CTU in writing within 20 days of receipt of the notice that the violation was corrected. However, if the PTS provider has filed a complaint with the commission regarding the disconnection and has provided the CTU with a copy of the complaint that indicates that the complaint has been filed with the commission within 20 days of receipt of the notice of a violation from the CTU, the CTU may not disconnect the instrument(s) pending resolution of the complaint by the commission.", "sourceNote": "Source Note: The provisions of this §26.342 adopted to be effective April 4, 2000, 25 TexReg 2799; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77024", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "N", "label": "PAY TELEPHONE SERVICE" }, "rule": { "number": "§26.343", "label": "Responsibilities for Pay Telephone Service (PTS) of Certificated Telecommunications Utilities (CTUs) Holding Certificates of Convenience and Necessity (CCNs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77025", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A listing in the local telephone directory for each pay telephone must be provided to any provider of pay telephone service (PTS) on request.(b) Pay telephone access service (PTAS) must be available in all exchanges.(c) Incoming and outgoing call screening on pay phone calls must be provided where facilities are available.(d) Regardless of whether call screening is available, the CTU will not bill any call, including, but not limited to, third number billed, collect, \"0+\" or \"0-\" calls, to a number which has been clearly identified to the certificated telecommunications utility operator at the time of the call attempt as a pay telephone. The certificated telecommunications utility will not be responsible for refunds or adjustments of charges for calls placed through non-certificated telecommunications utilities carrier operators, except as provided in §26.347 of this title (relating to Fraud Protection for Pay Telephone Service).(e) The CTU need not initiate a maintenance service call or take any other action in response to a trouble report on a customer-owned pay telephone until such time as requested by the pay telephone owner or its agent. The pay telephone owner must keep the CTU advised of the identity of the pay telephone owner or agent authorized to request a maintenance service call.(f) The CTU must provide to a PTS provider using automated call completion technology to complete operator service calls the same services and information that the CTU provides to interexchange carriers in §26.313(d)(1) and (2) of this title (relating to General Requirements Relating to Operator Services), on the same prices, terms, and conditions that any interexchange carrier receives from the CTU.(g) CTUs must file tariffs to offer direct dialed international call blocking (\"011+\" and \"1010XXX+011+\") as facilities become available.", "sourceNote": "Source Note: The provisions of this §26.343 adopted to be effective April 4, 2000, 25 TexReg 2799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77025", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "N", "label": "PAY TELEPHONE SERVICE" }, "rule": { "number": "§26.344", "label": "Pay Telephone Service Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129116", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements before call is completed. If the pay telephone service (PTS) provider uses automated call completion technology to complete operator service calls, the provider of PTS must:(1) audibly and distinctly identify itself to the caller upon answering;(2) audibly and distinctly identify itself to the billed party, if the billed party is different from the caller;(3) provide a mechanism for the caller to obtain rate information, without charge, 24 hours a day, seven days a week; and(4) permit the caller or billed party to terminate the call at no charge prior to completion of the call by the PTS provider.(b) E911 or 911 calls, and \"0-\" calls. The PTS provider must allow E911 or 911 calls to be outpulsed directly to the Public Service Answering Point at no charge and without requiring a coin or credit card. This requirement does not apply to pay telephones accessible to inmates of confinement facilities.(c) Access.(1) The PTS provider must:(A) provide access to operator services, 24 hours a day, seven days a week, at no charge and without requiring a coin or credit card;(B) provide access to directory assistance, 24 hours a day, seven days a week;(C) provide access that includes the local exchange calling scope of the certificated telecommunications utility (CTU) furnishing the pay telephone access service (PTAS) including mandatory extended area service (EAS) and expanded local calling (ELC), except that ELC rate additives are not applicable to PTS access lines; and(D) provide access to the operator of a local exchange company that meets the requirements enumerated in §26.315(c) of this title (relating to Requirements for Dominant Certificated Telecommunications Utilities (DTCUs) and that serves the area from which the call is made, at no charge and without requiring a coin or credit card, either:(i) by directly routing all local operator calls to such local exchange company operator, without charge to the caller; or(ii) by transfer or redirection of the call by an operator service provider (OSP) in accordance with the provisions of §26.319(1)(A)(ii)(I)-(III) of this title (relating to Access to the Operator of a Local Exchange company (LEC)).(2) The PTS provider must also allow access to other telecommunications utilities unless otherwise provided in subparagraph (C) of this paragraph.(A) Access to interexchange carriers by \"950-XXXX\" and \"1-800\" or \"1-888\" numbers must not be blocked.(B) Access to interexchange carriers by \"1010XXX+0\" (whether \"1010XXX+0+\" or \"1010XXX+0-\") dialing must not be blocked if the end office serving the originating line has originating line screening (OLS) capability.(C) To prevent fraudulent use of the pay telephone, the access requirement is explicitly waived under the following conditions without prior application to the commission:(i) Access to interexchange carriers by \"1010XXX+0\" (whether \"1010XXX+0+\" or \"1010XXX+0-\") dialing may be blocked, if the end office serving the originating line does not have OLS screening capability.(ii) Access to interexchange carriers by \"1010XXX+1\" dialing may be blocked.(3) The requirements of this paragraph do not apply to pay telephones accessible to inmates of confinement facilities.(d) Other.(1) The PTS provider must:(A) ensure that end users can place all local and toll calls, except direct-dialed international calls, from the pay telephone, including, but not limited to, operator-assisted international calls, collect calls, third number billed calls, and calling card calls;(B) be responsible for the payment of charges for all local and toll messages, including, but not limited to, non-local directory assistance charges, except as provided in §26.347 of this title (relating to Fraud Protection for Pay Telephone Service);(C) comply with all applicable federal, state and local laws and regulations including those concerning the use of pay telephones by disabled and/or hearing- or speech-impaired persons;(D) not attach extension telephones to pay telephones, unless the pay telephone displays a notice that legibly and conspicuously states in capital letters, \"YOUR CONVERSATION MAY BE OVERHEARD BECAUSE AN EXTENSION TELEPHONE IS ATTACHED TO THIS PHONE LINE.\";(E) not impose a time limit on local calls;(F) ensure operator-assisted intrastate long distance usage sensitive rates are billed in increments of one minute or less, provided that the total per minute fee does not exceed the rate authorized in §26.346 of this title (relating to Rates and Charges for Pay Telephone Service);(G) return to the end-user any pre-paid fee for a direct dialed intrastate long distance and/or local call that does not result in a completed call;(H) not charge the caller for any uncompleted call in accordance with the provisions of §26.313(c)(1)-(4) of this title (relating to General Requirements Relating to Operator Services);(I) not charge a fee for a local call greater than that posted on the informational placard attached to each pay phone;(J) provide access to ILEC operators by dialing either \"0\" or \"00\" access codes; and(K) the requirements of paragraph (1)(A) and (E) of this subsection do not apply to pay telephones accessible to inmates of confinement facilities.(2) If the PTS provider uses automated call completion technology to complete operator service calls, and if validation information is available for calls that the PTS provider (or a third-party billing and collection agent operating on behalf of the PTS provider) will bill through a certificated telecommunications utility, the PTS provider is required to validate the call and is allowed to submit the call for billing only if the call was validated.(3) PTS may be connected to, from, or through a customer-provided telecommunications switching system, or local exchange carrier-provided central office switching system, provided that the PTS provider meets all requirements of this rule. The PTS provider must ensure that access to E-911, 911 and/or 0- is not blocked and must comply with all legislative and rule requirements regarding the operation of E-911 and 911. This access configuration is not allowed if it prevents usage measurement, by the local exchange carrier, of a local exchange carrier-provided PTAS line. For purposes of this paragraph, local exchange carrier is defined as any entity holding either a certificate of convenience and necessity (CCN), certificate of operating authority (COA), or service provider certificate of operating authority (SPCOA).(e) Applications for waivers of the requirement for access. The commission may approve waivers to the access requirements of subsection (c) of this section to prevent fraudulent use of telephone services or for other good cause. Applications for waiver may be filed by the provider of pay telephone service. The commission shall process such applications for waiver using the criteria and procedures set forth in §26.319(3)(B) of this title.", "sourceNote": "Source Note: The provisions of this §26.344 adopted to be effective April 4, 2000, 25 TexReg 2799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "N", "label": "PAY TELEPHONE SERVICE" }, "rule": { "number": "§26.345", "label": "Posting Requirements for Pay Telephone Service Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129117", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The pay telephone service (PTS) provider must attach to each instrument a card that provides:(1) instructions in English and Spanish for accessing emergency service subject to the conditions contained in subparagraphs (A) and (B) of this paragraph:(A) where E-911 or 911 emergency service is available, the caller must be instructed to dial 911 and the PTS provider must allow E-911 or 911 calls to be outpulsed directly to the Public Service Answering Point at no charge and without requiring a coin or credit card; or(B) where E-911 or 911 is not available, the caller must be instructed to dial \"0\" and dialing \"0\" must, at no charge and without requiring a coin or credit card, directly connect the caller with an operator service provider (OSP) that is in compliance with the technical standards set forth in §26.321(b) of this title (relating to 9-1-1 calls, \"0-\" calls, and End User Choice);(2) instructions for use, including specifically instructions for completion of local and toll calls, access to operator services, access to directory assistance, obtaining refunds, obtaining repair service, registering complaints at a designated toll-free telephone number, reporting out-of-service conditions, and using one-way calling (if the instrument is so equipped); and(3) notice stating the name, address, and ten digit telephone number for the pay telephone owner or agent providing the set, and providing the name and toll-free telephone number of the owner or agent responsible for refunds and repairs; the PTS provider shall maintain current information on the placard at all times and shall notify the commission in writing of any changes to the business telephone number of the pay telephone owner, or changes of the physical address from which the pay telephone owner operates, within thirty calendar days of such change; and(4) if an extension has been attached, a notice that legibly and conspicuously states in capital letters: \"YOUR CONVERSATION MAY BE OVERHEARD BECAUSE AN EXTENSION TELEPHONE IS ATTACHED TO THIS PHONE LINE.\"; and(5) a placard that clearly states the fee for completing a local call from that telephone.(b) PTS providers must also attach to each instrument a card that says: \"The long distance carrier serving this phone is {insert name of the pre-subscribed long distance telecommunications service provider}. You can learn what its rates are by calling {insert long distance telecommunications service providers' toll-free rate information phone number} at any hour at no cost to you. If you would rather use another long distance carrier, you can either use {insert name of incumbent local exchange provider}'s operator by calling {insert dialing directions here}, or use your own long distance carrier by following its dialing instructions or asking the operator for assistance.\"(c) If the PTS provider subscribes to the services of an operator service provider (OSP) that is required to comply with Subchapter M of this chapter (relating to Operator Services), the PTS provider remains liable for compliance with this section, but may coordinate with the OSP so that information to be provided at the pay telephone set is not duplicated. If the PTS provider uses automated call completion technology to complete some operator service calls and subscribes to the services of an OSP that is required to comply with Subchapter M of this chapter, the PTS provider must ensure that the information provided at the pay telephone set clearly informs the caller about which information applies to which operator service calls.(d) If a pay telephone cannot receive incoming calls, the PTS provider shall place in a conspicuous location on the pay telephone a notice, in letters one-quarter inch high, stating, \"THIS TELEPHONE CANNOT RECEIVE TELEPHONE CALLS.\" Furthermore, the PTS provider shall not display the number of the pay telephone on any such telephone that does not receive incoming calls.(e) The requirements of this subsection do not apply to pay telephones accessible to inmates of confinement facilities.(f) Applications for modification of information to be provided at the pay telephone set. The commission may approve applications for modification of the requirements contained in subsection (b) and (c) of this section upon showing of good cause by the PTS provider. The commission shall process applications for modification using the criteria and procedures set forth in §26.317(c) of this title (relating to Information to be Provided at the Telephone Set).", "sourceNote": "Source Note: The provisions of this §26.345 adopted to be effective April 4, 2000, 25 TexReg 2799; amended to be effective February 21, 2007, 32 TexReg 620." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129117", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "N", "label": "PAY TELEPHONE SERVICE" }, "rule": { "number": "§26.346", "label": "Rates and Charges for Pay Telephone Service Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77028", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Rate structure. Certificated telecommunications utility (CTU) rates for wholesale service must be designed on a flat access line and/or a local message usage rate basis. Multi-element measured rates are prohibited. In areas without measuring capabilities, the CTU may use a flat rate usage surrogate instead of a per call message rate. Measurement capabilities are defined as the capability in place to measure and bill pay telephone usage without incurring unreasonable expense. The charge or surcharge a CTU imposes for an access line used to provide pay telephone service (PTS) in an exchange may not exceed the amount of the charge or surcharge the CTU imposes for an access line used for regular business purposes in that exchange. (b) Charges. (1) A PTS provider must: (A) not impose on pay phone end users any charge for calls made under Chapter 771 or 772 of the Texas Health and Safety Code; (B) not impose a charge for \"950-XXXX\" calls, \"1010XXX+0\", or \"1-800\" or \"1-888\"-type calls to nonpresubscribed interexchange carriers (for example \"1-800-COLLECT\", \"1-800-CALLATT\", or \"1-800-877-8000\"); (C) not impose a charge for local calls from pay telephones to the Telecommunications Relay Service (TRS); (D) for local calls which are collect, operator-assisted or paid by credit card or calling card, not impose a charge which exceeds the highest applicable rate for such calls of any of the four largest interexchange carriers operating in this state; and (E) for credit card, calling card, or live or automated operator-handled toll calls, not charge a rate or total charge that exceeds the authorized rates and charges listed in subparagraph (F) of this paragraph. (F) charge no more than these rate caps for intrastate long distance and operator-assisted calls at Texas pay phones: Attached Graphic(2) The requirements of paragraph (1)(A) through (C) of this subsection do not apply to pay telephones accessible to inmates of confinement facilities. (3) The requirements of paragraph (1)(B) and (D) through (F) of this subsection do not apply to electing local exchange companies.", "sourceNote": "Source Note: The provisions of this §26.346 adopted to be effective April 4, 2000, 25 TexReg 2799; amended to be effective February 21, 2007, 32 TexReg 620." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77028", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "N", "label": "PAY TELEPHONE SERVICE" }, "rule": { "number": "§26.347", "label": "Fraud Protection for Pay Telephone Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "96562", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notwithstanding the provision of §26.319(1)(C) of this title (relating to Access to the Operator of a Local Exchange Company (LEC)) that would otherwise require notice to interexchange carriers, an operator services provider (OSP) must not bill the pay telephone service (PTS) provider for charges for any call billed to a pay telephone line where the call originated at that pay telephone by use of \"1010XXX+0\", \"1010XXX+01\", \"950-XXXX\", or \"1-800\" or \"1-888\" access codes, or where the call(s) originated at that pay telephone and otherwise reached an operator position, if the originating telephone line was subscribed to outgoing call screening and the call was placed after the effective due date of the outgoing call screening service order.(b) An OSP or PTS provider that uses automated call completion technology to complete operator service calls must not bill charges for any collect or third number billed call to a PTS provider if the pay telephone line to which the call was billed was subscribed to incoming call screening and the call was placed after the effective due date of the incoming call screening service order.(c) Any calls billed through a certificated telecommunications utility in violation of subsections (a) and (b) of this section must be removed from the PTS provider's bill by the certificated telecommunications utility upon identification and verification that the violation occurred. If it is determined that, at the time of the violation, the appropriate incoming or outgoing call screening was available to the OSP or PTS provider that uses automated call completion technology to complete operator service calls at the time of the call, the certificated telecommunications utility may return the charges for said call to the OSP or PTS provider as unbillable.(d) Any calls billed directly by an OSP or PTS provider that uses automated call completion technology to complete operator service calls in violation of subsection (a) or (b) of this section must be removed from the PTS provider's bill by the OSP or PTS provider upon identification. The OSP or PTS provider using automated call completion technology to complete operator service calls may request an investigation of such a call by the certificated telecommunications utility serving the pay telephone to which the call was billed. If the certificated telecommunications utility (CTU) determines that the appropriate incoming or outgoing call screening was not available to the OSP or PTS provider using automated call completion technology to complete operator service calls at the time of the call, the OSP or PTS provider may bill the charges for said call to the relevant certificated telecommunications utility.", "sourceNote": "Source Note: The provisions of this §26.347 adopted to be effective April 4, 2000, 25 TexReg 2799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "96562", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "O", "label": "NUMBERING" }, "rule": { "number": "§26.375", "label": "Reclamation of Codes and Thousands-Blocks and Petitions for Extension of Code and Thousands-Block Activation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155917", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the procedures under which this commission may order reclamation of a code or thousands-block, and under which a code holder may petition the commission for an extension of the period of time allowed for code or thousands-block activation.(b) Application. This section applies to the following entities:(1) \"Telecommunications provider\" or \"telecommunications utility\" as defined in the Public Utility Regulatory Act (PURA) §51.002;(2) Any other entity that has been assigned a code by the North American Numbering Plan Administration (NANPA).(c) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.(1) Activation period--The six month period after the published Local Exchange Routing Guide (LERG) effective date.(2) Area code or numbering plan area (NPA)--The first three digits of a ten-digit telephone number that designates a \"toll\" center in the United States and Canada.(3) Central office code (code) or NXX--The second three digits of a ten-digit telephone number that identifies the local switching office.(4) Code holder--Any entity to which a code or thousands-block is assigned by the NANPA or the thousands-block pooling administrator.(5) Expiration date--The last day of the activation period.(6) In service--A code or thousands-block that has been activated and the code holder has commenced assigning individual telephone numbers to end users.(7) Local Exchange Routing Guide (LERG)--A collection of data that shows the relationship between a central office and tandem office and is used in the telephone network design process.(8) Operating Company Number (OCN)--The unique string of numbers assigned by the National Exchange Carrier Association (NECA) which identifies a telecommunications utility.(9) Part 1--The Central Office Code (NXX) Assignment Request form developed by the Industry Numbering Committee (INC) as an attachment to the Central Office Code (NXX) Assignment Guidelines.(10) Part 1A--The Thousands-Block Application form developed by the INC as an attachment to the Thousands-Block Number (NXX-X) Pooling Administration Guidelines.(11) Part 4--The Confirmation of Code In Service form developed by the INC as an attachment to the Central Office Code (NXX) Assignment Guidelines or the Confirmation of NXX-X Block In Service form developed by the INC as an attachment to the Thousands-Block Pooling Guidelines.(12) Reclamation list--The monthly list the commission receives of codes considered delinquent by the NANPA because Part 4s have not been filed within the required time period.(13) Thousands-block--One of ten sequential blocks of 1,000 numbers from a code.(14) Thousands-block number pooling--A process by which the 10,000 numbers in a code are separated into ten sequential blocks of 1,000 numbers each and allocated separately within a rate center.(15) Thousands-block reclamation list--The monthly list the commission receives of thousands-blocks considered delinquent by the thousands-block pooling administrator because Part 4s have not been filed within the required time period.(d) Reclamation. The commission may instruct the NANPA to reclaim any code or thousands-block that has been:(1) Assigned but is no longer in use by the assignee;(2) Assigned to a service that is no longer offered;(3) Assigned but not in service by the required six-month period; or(4) Assigned, but not used in conformance with industry established guidelines.(e) Reclamation list and thousands-block reclamation list.(1) Each month the NANPA and the thousands-block pooling administrator will provide commission staff a list of codes and a list of thousands-blocks with delinquent Part 4s. Within ten days of receiving the monthly lists, commission staff will notify code holders of codes or thousands-blocks that have been added to the lists.(2) Within ten days of receiving the notification the code holder shall respond, in writing, to staff by doing one or a combination of the following:(A) Filing a Part 4 for the code or thousands-block;(B) Providing a Part 1 for the code or thousands-block; or(C) Filing a Petition for Extension of the activation period under subsection (f) of this section.(3) On or before the last business day of the month, commission staff shall respond to the NANPA and the thousands-block pooling administrator by forwarding copies of all applicable Part 4s and Part 1s received by staff, and reporting any applicable Petitions for Extension filed during that month.(f) Petition for extension. These requirements apply whether the code holder is assigned a code or thousands-block.(1) Before the expiration of the activation period, or after the code holder is notified of the delinquency under subsection (e) of this section, the code holder may file a Petition for Extension that shall include:(A) The name of the code holder and OCN;(B) Contact information, including name, address, phone number, fax number, and e-mail address;(C) List of the relevant code(s) or thousands-blocks(s) and identification of each as \"growth\" or \"initial;\"(D) Expiration date of each code or thousands-block;(E) Purpose for which the code or thousands-block was originally certified and assigned;(F) Detailed explanation of the need for the extension and an appropriate timeline;(G) Requested extension date; and(H) Supporting documentation and any other relevant information.(2) An extension request shall be for no more than 90 days from the code or thousands-block expiration date. Multiple extensions may be granted.(3) Within five business days of the filing of the petition, staff shall notify the code holder if the petition is insufficient because it does not contain all of the items listed under paragraph (1) of this subsection.(4) Within seven business days of the filing of the petition, any party may file a pleading in favor of or against the petition.(5) Within 15 business days of the filing of the petition, or within seven business days of receiving requested supplemental information, staff will file a recommendation on the petition.(6) After receiving staff's recommendation, the commission will issue an administrative notice of approval or denial of the petition.(7) Staff, the petitioning party, or any party filing for or against the petition may appeal the notice to the commission within seven business days. The commission will rule on any notice added to an open meeting agenda within 30 days of the date the appeal is filed, unless the commission orders otherwise.(8) Reclamation shall be stayed pending the outcome of a Petition for Extension and any associated appeal.(g) Code holder reporting responsibilities.(1) A code holder shall report to the commission the name and OCN of the new code holder whenever it requests that the NANPA or the thousands-block pooling administrator transfer a code or thousands-block from one code holder to another.(2) Code holders shall keep all contact information current with the NANPA.", "sourceNote": "Source Note: The provisions of this §26.375 adopted to be effective September 19, 2002, 27 TexReg 8766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155917", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.401", "label": "Texas Universal Service Fund (TUSF)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "159265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of the Texas Universal Service Fund (TUSF) is to implement a competitively neutral mechanism that enables all residents of the state to obtain the basic telecommunications services needed to communicate with other residents, businesses, and governmental entities. Because targeted financial support may be needed in order to provide and price basic telecommunications services in a manner to allow accessibility by consumers, the TUSF will assist telecommunications providers in providing basic local telecommunications service at reasonable rates in high cost rural areas. In addition, the TUSF will reimburse qualifying entities for revenues lost as a result of providing Lifeline services to qualifying low-income consumers under the Public Utility Regulatory Act (PURA); reimburse telecommunications carriers providing statewide telecommunications relay access service and qualified vendors providing specialized telecommunications devices and services for the disabled; and reimburse the Texas Health and Human Services Commission, the Texas Department of Housing and Community Affairs, the Texas Department of Assistive and Rehabilitative Services, the Office for Deaf and Hard of Hearing Services, the TUSF administrator, and the Public Utility Commission for costs incurred in implementing the provisions of PURA Chapter 56 (relating to Telecommunications Assistance and Universal Service Fund).(b) Programs included in the TUSF.(1) Section 26.403 of this title (relating to the Texas High Cost Universal Service Plan (THCUSP));(2) Section 26.404 of this title (relating to the Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan);(3) Section 26.406 of this title (relating to the Implementation of the Public Utility Regulatory Act §56.025);(4) Section 26.408 of this title (relating to Additional Financial Assistance (AFA));(5) Section 26.410 of this title (relating to Universal Service Fund Reimbursement for Certain IntraLATA Service);(6) Section 26.412 of this title (relating to Lifeline Service Program);(7) Section 26.414 of this title (relating to Telecommunications Relay Service (TRS));(8) Section 26.415 of this title (relating to Specialized Telecommunications Assistance Program (STAP));(9) Section 26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF));(10) Section 26.418 of this title (relating to Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds);(11) Section 26.420 of this title (relating to Administration of Texas Universal Service Fund (TUSF));(12) Section 26.421 of this title (relating to Designation of Eligible Telecommunications Providers to Provide Service to Uncertificated Areas);(13) Section 26.422 of this title (relating to Subsequent Petitions for Service to Uncertificated Areas);(14) Section 26.423 of this title (relating to High Cost Universal Service Plan for Uncertificated Areas where an Eligible Telecommunications Provider (ETP) Volunteers to Provide Basic Local Telecommunications Service); and(15) Section 26.424 of this title (relating to Audio Newspaper Assistance Program).(c) Support available to deregulated markets.(1) An incumbent local exchange company may not receive support from the universal service fund for a deregulated market that has a population of at least 30,000.(2) An incumbent local exchange company may receive support from the universal service fund for a deregulated market that has a population of less than 30,000 only if the company demonstrates to the commission that the company needs the support to provide basic local telecommunications service at reasonable rates in the affected market. A company may use evidence from outside the affected market to make the demonstration.(3) An incumbent local exchange company may make the demonstration described by paragraph (2) of this subsection in relation to a market before submitting a petition to deregulate the market.", "sourceNote": "Source Note: The provisions of this §26.401 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514; amended to be effective March 7, 2002, 27 TexReg 1729; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective September 4, 2006, 31 TexReg 7123; amended to be effective April 4, 2012, 37 TexReg 2178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "159265", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.402", "label": "Transparency and Accountability in the Administration of the Texas Universal Service Fund" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215875", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section, in conjunction with the audit, eligibility, public reporting, and affidavits of compliance requirements set forth throughout this subchapter, establishes procedures to ensure reasonable transparency and accountability in the administration of the Texas Universal Service Fund (TUSF).(b) Application.(1) This section applies to a telecommunications provider that has been designated as an eligible telecommunications provider (ETP) by the commission pursuant to §26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)). Subsections (c) and (d) of this section apply to a telecommunications provider that has been designated, or has applied after June 30, 2013 to be designated by the commission as an eligible telecommunications carrier (ETC) pursuant to §26.418 of this title (relating to Designation of Common Carrier as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds).(2) All filings made with the commission pursuant to this section, including a filing subject to a claim of confidentiality, shall be filed with the commission's Filing Clerk in accordance with the commission's Procedural Rules, Chapter 22, Subchapter E of this title (relating to Pleadings and other Documents).(c) Reports required for a price cap carrier designated as an ETP and as an ETC that receives federal USF high cost support. This subsection applies to an ETP that has been designated as an ETC that receives federal high cost support and has been designated as a price cap carrier by the Federal Communications Commission (FCC).(1) By July 1, 2013, a telecommunications provider that has been designated as an ETC shall file a five-year plan that describes with specificity proposed improvements or upgrades to the ETC's network throughout its service area or proposed service area. The information shall be submitted at the wire center level for a carrier receiving high cost support and on a census block level for a carrier receiving Mobility Fund support. The ETC shall estimate the area (expressed in square miles) and population that will be served as a result of the improvements for each wire center or census block as appropriate. An ETC that has been granted a limited ETC for purposes of providing Lifeline only, pursuant to 47 C.F.R. Part 54 Subpart E, is not required to submit a five-year plan. Any telecommunications provider that applies for ETC designation after June 30, 2013 shall submit a five-year plan with its ETC application.(2) By July 1 of each subsequent year after filing its five-year plan pursuant to paragraph (1) of this subsection, each ETC shall submit a progress report on its five-year plan, including maps detailing its progress towards meeting its plan targets, an explanation of how much universal service support was received and how it was used to improve service quality, coverage, or capacity, and an explanation regarding any network improvement targets that have not been fulfilled in the prior calendar year. The information shall be submitted at the wire center level or census block as appropriate.(d) Reports required for a rate of return carrier, competitive local exchange carrier (CLEC), or wireless carrier designated as an ETP and as an ETC that receives federal USF high cost support. This subsection applies to an ETP that has been designated as an ETC that receives federal high cost support and that has been designated as a rate of return carrier, competitive local exchange carrier, or wireless carrier by the FCC.(1) By July 1, 2013, a telecommunications provider that has been designated as an ETC shall file a five-year plan that describes with specificity proposed improvements or upgrades to the ETC's network throughout its service area or proposed service area. The information shall be submitted at the wire center level for a carrier receiving high cost support and on a census block level for carriers receiving Mobility Fund support. The ETC shall estimate the area (expressed in square miles) and population that will be served as a result of the improvements for each wire center or census block as appropriate. An ETC that has been granted a limited ETC for purposes of providing Lifeline only, pursuant to 47 C.F.R. Part 54 Subpart E, is not required to submit a five-year plan. Any telecommunications provider that applies for ETC designation after June 30, 2013 shall submit a five-year plan with its ETC application.(2) By July 1 of each subsequent year after filing its five-year plan pursuant to paragraph (1) of this subsection, each ETC shall submit a progress report on its five-year plan, including maps detailing its progress towards meeting its plan targets, an explanation of how much universal service support was received and how it was used to improve service quality, coverage, or capacity, and an explanation regarding any network improvement targets that have not been fulfilled in the prior calendar year. The information shall be submitted at the wire center level or census block as appropriate.(e) Reports made public by the commission. For each State fiscal quarter, no later than the 45th day after the end of the preceding quarter, the commission shall make the following information publicly available on the commission's website:(1) A cash flow statement for the overall TUSF indicating starting balance, total revenues, disbursements for each program described in §26.401(b) of this title (relating to Texas Universal Service Plan (TUSF)), and ending balance; and(2) Total disbursements from the TUSF to each recipient company or organization for each program described in §26.401(b) of this title.", "sourceNote": "Source Note: The provisions of this §26.402 adopted to be effective November 6, 2012, 37 TexReg 8804." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215875", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.403", "label": "Texas High Cost Universal Service Plan (THCUSP)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215876", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes guidelines for financial assistance to eligible telecommunications providers (ETPs) that serve the high cost rural areas of the state, other than study areas of small and rural incumbent local exchange companies (ILECs), so that basic local telecommunications service may be provided at reasonable rates in a competitively neutral manner.(b) Application. This section applies to telecommunications providers that have been designated ETPs by the commission in accordance with §26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)).(c) Definitions. The following words and terms when used in this section have the following meaning unless the context clearly indicates otherwise:(1) Business line--The telecommunications facilities providing the communications channel that serves a single-line business customer's service address. For the purpose of this definition, a single-line business line is one to which multi-line hunting, trunking, or other special capabilities do not apply. For a line served by an ILEC, a business line is a line served in accordance with the ILEC's business service tariff or a package that includes such a tariffed service. For a line served by an ILEC in accordance with a customer specific contract or that is otherwise not served in accordance with a tariff, to qualify as a business line, the service must be provided in accordance with a customer application, subscriber agreement, or contract entered into by a public or private organization of any character, or a representative or agent of such entity, irrespective of the person or entity in actual possession of the telephone device. For a line that is served by an ETP other than an ILEC, to qualify as a business line, the service must be provided in accordance with a customer application, subscriber agreement, or contract entered into by a public or private organization of any character, or a representative or agent of such entity, irrespective of the person or entity in actual possession of the telephone device.(2) Eligible line--A residential line or a single-line business line over which an ETP provides the service supported by the THCUSP through its own facilities, purchase of unbundled network elements (UNEs), or a combination of its own facilities and purchase of UNEs. An eligible line may be a business line or a residential line but cannot be both.(3) Eligible telecommunications provider (ETP)--A telecommunications provider designated by the commission in accordance with §26.417 of this title.(4) Physical 911 address--For the purposes of this section, a physical 911 address is an address transmitted to the applicable emergency service providers by an ETP with respect to a line that is not stated in GPS coordinates.(5) Residential line--The telecommunications facilities providing the communications channel that serves a residential customer's service address. For the purpose of this definition, a residential line is one to which multi-line hunting, trunking, or other special capabilities do not apply. A line that qualifies as a business line does not qualify as a residential line.(6) Service Address--For the purposes of this section, a business or residential customer's service address is defined using the following criteria:(A) A service address is the unique physical street address, including any suite or unit number, where a line is provided to a customer, except as provided in clauses (i)-(ii) and subparagraph (B) of this paragraph.(i) If no unique physical street address is available, a physical 911 address must be used.(ii) If no unique physical street address and no physical 911 address are available, the business or residential customer's service address must be an area of land under common operation or use as defined by a deed, state permit, lease name, or licensed or registered field of operation, which must be described by an ETP using GPS coordinates. Multiple buildings within a single area of land under common operation or use must not qualify as separate service addresses, even if the GPS coordinates for each building are different.(B) For eligible lines served using commercial mobile radio service, a service address for such a line may be the customer's billing address for the purposes of this definition.(d) Service to be supported by the THCUSP. The THCUSP must support basic local telecommunications services provided by an ETP in high cost rural areas of the state. Local measured residential service, if chosen by the customer and offered by the ETP, must also be supported.(1) Initial determination of the definition of basic local telecommunications service. Basic local telecommunications service must consist of the following:(A) flat rate, single party residential and business local exchange telephone service, including primary directory listings;(B) tone dialing service;(C) access to operator services;(D) access to directory assistance services;(E) access to 911 service where provided by a local authority;(F) telecommunications relay service;(G) the ability to report service problems seven days a week;(H) availability of an annual local directory;(I) access to toll services; and(J) lifeline service.(2) Subsequent determinations.(A) Initiation of subsequent determinations.(i) The definition of the services to be supported by the THCUSP must be reviewed by the commission every three years from September 1, 1999.(ii) The commission may initiate a review of the definition of the services to be supported on its own motion at any time.(B) Criteria to be considered in subsequent determinations. In evaluating whether services should be added to or deleted from the list of supported services, the commission may consider the following criteria:(i) the service is essential for participation in society;(ii) a substantial majority, 75% of residential customers, subscribe to the service;(iii) the benefits of adding the service outweigh the costs; and(iv) the availability of the service, or subscription levels, would not increase without universal service support.(e) Criteria for determining amount of support under THCUSP. The commission will determine the amount of per-line support to be made available to ETPs in each eligible wire center in accordance with this section. The amount of support available to each ETP must be calculated using the base support amount as of the effective date of this section and applying the annual reductions as described in this subsection. As used in this subsection, \"basic local telecommunications service\" refers to services available to residential customers only, and \"exchange\" or \"wire center\" refer to regulated exchanges or wire centers only.(1) Determining base support amount available to ILEC ETPs. The initial annual base support amount for an ILEC ETP must be the annualized monthly THCUSP support amount for the month preceding the effective date of this section, less the 2011 amount of support disbursed to the ILEC ETP from the federal universal service fund for High Cost Loop, High Cost Model, Safety Net Additive, and Safety Valve components of the frozen high-cost support as determined by the Universal Service Administration Company in accordance with 47 C.F.R. §54.312(a). The initial per-line monthly support amount for a wire center must be the per-line support amount for the wire center for the month preceding the effective date of this section, less each wire center's pro rata share of one-twelfth of the 2011 amount of support disbursed to the ILEC ETP from the federal universal service fund for High Cost Loop, High Cost Model, Safety Net Additive, and Safety Valve components of the frozen high-cost support determined by the Universal Service Administration Company in accordance with 47 C.F.R §54.312(a). The initial annual base support amount must be reduced annually as described in paragraph (3) of this subsection.(2) Determination of the reasonable rate. The reasonable rate for basic local telecommunications service will be determined by the commission in a contested case proceeding. To the extent that an ILEC ETP's existing rate for basic local telecommunications service in any wire center is less than the reasonable rate, the ILEC ETP may, over time, increase its rates for basic local telecommunications service to an amount not to exceed the reasonable rate. The increase to the existing rate must not in any one year exceed an amount to be determined by the commission in the contested case proceeding. An ILEC ETP may, in its sole discretion, accelerate its THCUSP reduction in any year by as much as 10% and offset such reduction with a corresponding local rate increase in order to produce rounded rates. In no event will any such acceleration obligate the ETP to reduce its THCUSP support in excess of the total reduction obligation initially calculated under paragraph (3) of this subsection.(3) Annual reductions to THCUSP base support and per-line support recalculation. As part of the contested case proceeding referenced in paragraph (2) of this subsection, each ILEC ETP must, using line counts as of the end of the month preceding the effective date of this rule, calculate the amount of additional revenue that would result if the ILEC ETP were to charge the reasonable rate for basic local telecommunications service to all residential customers for those services where the price, or imputed price, are below the reasonable rate. Lines in exchanges for which an application for deregulation is pending as of June 1, 2012 must not be included in this calculation. If the application for deregulation for any such exchanges subsequently is denied by the commission, the ILEC ETP must, within 20 days of the final order denying such application, submit revised calculations including the lines in those exchanges for which the application for deregulation was denied. Without regard to whether an ILEC ETP increases its rates for basic local telecommunications service to the reasonable rate, the ILEC ETP's annual base support must be reduced on January 1 of each year for four consecutive years, with the first reduction occurring on January 1, 2013. The ETP's annual base support amount must be reduced by 25% of the additional revenue calculated in accordance with this paragraph in each year of the transition period. This reduction must be accomplished by reducing support for each wire center served by the ETP proportionally.(4) Portability. The support amounts established in accordance with this section are applicable to all ETPs and are portable with the customer.(5) Limitation on availability of THCUSP support.(A) THCUSP support must not be provided in a wire center in a deregulated market that has a population of at least 30,000.(B) An ILEC may receive support from the THCUSP for a wire center in a deregulated market that has a population of less than 30,000 only if the ILEC demonstrates to the commission that the ILEC needs the support to provide basic local telecommunications service at reasonable rates in the affected market. An ILEC may use evidence from outside the wire center at issue to make the demonstration. An ILEC may make the demonstration for a wire center before or after submitting a petition to deregulate the market in which the wire center is located.(6) Total Support Reduction Plan. Within 10 days of the effective date of this section, an ILEC may elect to participate in a Total Support Reduction Plan (TSRP) as prescribed in this subsection, by filing a notification of such participation with the commission. The TSRP would serve as an alternative to the reduction plan prescribed in paragraph (3) of this subsection. The TSRP will be implemented as follows:(A) For an ILEC making this election, the ILEC must reduce its THCUSP funding in accordance with paragraph (3) of this subsection with the exception that THCUSP reductions due to exchange deregulation may be credited against the electing ILEC's annual reduction obligation in the calendar year immediately following such deregulation.(B) In no event will an electing ILEC seek or receive THCUSP funding after January 1, 2017 even if the electing ILEC would otherwise be entitled to such funding as of this date.(f) Support Reduction. Subject to the provisions of §26.405(f)(3) of this title (relating to Financial Need for Continued Support), the commission will adjust the support to be made available from the THCUSP according to the following criteria.(1) For each ILEC that is not electing under subsection (e)(6) of this section and that served greater than 31,000 access lines in this state on September 1, 2022, or a company or cooperative that is a successor to such an ILEC, the monthly per-line support that the ILEC is eligible to receive for each exchange on December 31, 2023 from the THCUSP is reduced:(A) on January 1, 2024, to 75 percent of the level of support the ILEC was eligible to receive on December 31, 2023;(B) on January 1, 2025, to 50 percent of the level of support the ILEC was eligible to receive on December 31, 2023;(C) on January 1, 2026, to 25 percent of the level of support the ILEC was eligible to receive on December 31, 2023; and(D) on January 1, 2027, to zero percent of the level of support the ILEC was eligible to receive on December 31, 2023.(2) An ILEC subject to this subsection may file a petition to show financial need for continued support, in accordance with§26.405(f)(1) of this title, before January 1, 2027.(g) Reporting requirements. An ETP that receives support in accordance with this section must report the following information:(1) Monthly reporting requirement. An ETP must report the following to the TUSF administrator on a monthly basis:(A) the total number of eligible lines for which the ETP seeks TUSF support; and(B) a calculation of the base support computed in accordance with the requirements of subsection (d) of this section.(2) Quarterly filing requirements. An ETP must file quarterly reports with the commission showing actual THCUSP receipts by study area.(A) Reports must be filed electronically in the project number assigned by the commission's central records office no later than 3:00 p.m. on the 30th calendar day after the end of the calendar quarter reporting period.(B) Each ETP's reports must be filed on an individual company basis; reports that aggregate the disbursements received by two or more ETPs will not be accepted as complying with the requirements of this paragraph.(C) All reports filed in accordance with paragraph (3) of this subsection must be publicly available.(3) Annual reporting requirements. An ETP must report annually to the TUSF administrator that it is qualified to participate in the THCUSP.(4) Other reporting requirements. An ETP must report any other information that is required by the commission or the TUSF administrator, including any information necessary to assess contributions and disbursements from the TUSF.", "sourceNote": "Source Note: The provisions of this §26.403 adopted to be effective July 8, 2012, 37 TexReg 5120; amended to be effective December 21, 2014, 39 TexReg 9976; amended to be effective September 14, 2016, 41 TexReg 7076; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.404", "label": "Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215877", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes guidelines for financial assistance to eligible telecommunications providers (ETPs) that provide service in the study areas of small and rural ILECs in the state so that basic local telecommunications service or its equivalent may be provided at reasonable rates in a competitively neutral manner.(b) Application.(1) Small or rural ILECs. This section applies to small ILECs, as defined in subsection (c) of this section, and to rural ILECs, as defined in §26.5 of this title (relating to Definitions), that have been designated ETPs.(2) Other ETPs providing service in small or rural ILEC study areas. This section applies to telecommunications providers other than small or rural ILECs that provide service in small or rural ILEC study areas that have been designated ETPs.(c) Definitions. The following words and terms when used in this section have the following meaning unless the context clearly indicates otherwise:(1) Business line--The telecommunications facilities providing the communications channel that serves a single-line business customer's service address. For the purpose of this definition, a single-line business line is one to which multi-line hunting, trunking, or other special capabilities do not apply. For a line served by an ILEC, a business line is a line served in accordance with the ILEC's business service tariff or a package that includes such a tariffed service. For a line served by an ILEC in accordance with a customer specific contract or that is otherwise not served in accordance with a tariff, to qualify as a business line, the service must be provided in accordance with a customer application, subscriber agreement, or contract entered into by a public or private organization of any character, or a representative or agent of such entity, irrespective of the person or entity in actual possession of the telephone device. For a line that is served by an ETP other than an ILEC, to qualify as a business line, the service must be provided in accordance with a customer application, subscriber agreement, or contract entered into by a public or private organization of any character, or a representative or agent of such entity, irrespective of the person or entity in actual possession of the telephone device.(2) Eligible line--A residential line or a single-line business line over which an ETP provides the service supported by the Small and Rural ILEC Universal Service Plan (SRILEC USP) through its own facilities, purchase of unbundled network elements (UNEs), or a combination of its own facilities and purchase of UNEs. An eligible line may be a business line or a residential line but cannot be both.(3) Eligible telecommunications provider (ETP)--A telecommunications provider designated by the commission in accordance with §26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)).(4) Physical 911 address--For the purposes of this section, a physical 911 address is an address transmitted to the applicable emergency service providers by an ETP with respect to a line that is not stated in GPS coordinates.(5) Residential line--The telecommunications facilities providing the communications channel that serves a residential customer's service address. For the purpose of this definition, a residential line is one to which multi-line hunting, trunking, or other special capabilities do not apply. A line that qualifies as a business line does not qualify as a residential line.(6) Service Address--For the purposes of this section, a business or residential customer's service address is defined using the following criteria:(A) A service address is the unique physical street address, including any suite or unit number, where a line is provided to a customer, except as provided in clauses (i)-(ii) and subparagraph (B) of this paragraph.(i) If no unique physical street address is available, a physical 911 address must be used.(ii) If no unique physical street address and no physical 911 address are available, the business or residential customer's service address must be an area of land under common operation or use as defined by a deed, state permit, lease name, or licensed or registered field of operation, which must be described by an ETP using GPS coordinates. Multiple buildings within a single area of land under common operation or use do not qualify as separate service addresses, even if the GPS coordinates for each building are different.(B) For eligible lines served using commercial mobile radio service, a service address for such a line may be the customer's billing address for the purposes of this definition.(7) Small incumbent local exchange company--An incumbent local exchange (ILEC) that qualifies as a \"small local exchange company\" as defined in the Public Utility Regulatory Act (PURA), §53.304(a)(1).(d) Service to be supported by the SRILEC USP. The SRILEC USP must support the provision by ETPs of basic local telecommunications service. as defined in §26.403(d) of this title (relating to Texas High Cost Universal Service Plan (THCUSP)) and is limited to those services carried on all residential lines and the first five single-line business lines at a business customer's service address for which a flat rate plan is an available option.(e) Criteria for determining amount of support under SRILEC USP. The commission will determine the amount of per-line support to be made available to ETPs in each eligible study area in accordance with this section. The amount of support available to each ETP must be calculated using the small and rural ILEC ETP base support amount and applying the annual reductions as described in this subsection.(1) Determining base support amount available to ETPs. The initial per-line monthly base support amount for a small or rural ILEC ETP must be the per-line monthly support amount for each small or rural ILEC ETP study area as specified in Docket Number 18516, annualized by using the small or rural ILEC ETP access line count as of January 1, 2012. The initial per-line monthly base support amount must be reduced as described in paragraph (3) of this subsection.(2) Determination of the reasonable rate.(A) The reasonable rate for basic local telecommunications service must be determined by the commission in a contested case proceeding. An increase to an existing rate must not in any one year exceed an amount to be determined by the commission in the contested case proceeding.(B) The length of the transition period applicable to the reduction in support calculated under paragraph (3) of this subsection must be determined in the contested case proceeding.(3) Annual reductions to the SRILEC USP. As part of the contested case proceeding referenced in paragraph (2) of this subsection, for each small or rural ILEC ETP, the commission will calculate the amount of additional revenue, using the basic telecommunications service rate (the tariffed local service rate plus any additional charges for tone dialing services, mandatory expanded local calling service and mandatory extended area service) and the access line count as of September 1, 2013, would result if the small and rural ILEC ETP were to charge the reasonable rate for basic local telecommunications service to all residential customers. Without regard to whether a small or rural ILEC ETP increases its rates for basic local telecommunications service to the reasonable rate, the small or rural ILEC ETP's annual base support amount for each study area will be reduced on January 1 of each year for four consecutive years, with the first reduction occurring on January 1, 2014. The small or rural ILEC ETP's annual base support amount must be reduced by 25% of the additional revenue calculated in accordance with this paragraph in each year of the transition period, unless specified otherwise in accordance with paragraph (2)(B) of this subsection. This reduction must be accomplished by reducing support for each study area proportionally. An ILEC ETP may, in its sole discretion, accelerate its SRILEC USP reduction in any year by as much as 10% and offset such reductions with a corresponding local rate increase in order to produce rounded rates.(f) SRILEC USP support payments to ETPs. The TUSF administrator must disburse monthly support payments to ETPs qualified to receive support in accordance with this section.(1) Payments to small or rural ILEC ETPs. The payment to each small or rural ILEC ETP must be computed by multiplying the per-line amount established in subsection (e) of this section by the number of eligible lines served by the small or rural ILEC ETP for the month.(2) Payments to ETPs other than small or rural ILECs. The payment to each ETP other than a small or rural ILEC must be computed by multiplying the per-line amount established in subsection (e) of this section for a given small or rural ILEC study area by the number of eligible lines served by the ETP in such study area for the month.(g) Support Reduction. Subject to the provisions of §26.405(f)(3) of this title (relating to Financial Need for Continued Support), the commission will adjust the support to be made available from the SRILEC USP according to the following criteria.(1) For each ILEC ETP that is electing under PURA, Chapter 58 or 59 or a cooperative that served greater than 31,000 access lines in this state on September 1, 2022, or a company or cooperative that is a successor to such an ILEC, the monthly per-line support that the ILEC ETP is eligible to receive for each exchange on December 31, 2024 from the SRILEC USP is reduced:(A) on January 1, 2025, to 75 percent of the level of support the ILEC ETP is eligible to receive on December 31, 2024;(B) on January 1, 2026, to 50 percent of the level of support the ILEC ETP is eligible to receive on December 31, 2024;(C) on January 1, 2027, to 25 percent of the level of support the ILEC ETP is eligible to receive on December 31, 2024; or(D) on January 1, 2028, to zero percent of the level of support the ILEC ETP is eligible to receive on December 31, 2024.(2) An ILEC ETP subject to this subsection may file a petition to show financial need for continued support, in accordance with §26.405(f)(1) of this title, on or before January 1, 2028.(h) Reporting requirements. An ETP eligible to receive support under this section must report information as required by the commission and the TUSF administrator.(1) Monthly reporting requirement. An ETP must report the following to the TUSF administrator on a monthly basis:(A) the total number of eligible lines for which the ETP seeks SRILEC USP support; and(B) a calculation of the base support computed in accordance with the requirements of subsection (e) of this section.(2) Quarterly filing requirements. An ETP must file quarterly reports with the commission showing actual SRILEC USP receipts by study area.(A) Reports must be filed electronically in the project number assigned by the commission's central records office no later than 3:00 p.m. on the 30th calendar day after the end of the calendar quarter reporting period.(B) Each ETP's reports must be filed on an individual company basis; reports that aggregate the disbursements received by two or more ETPs will not be accepted as complying with the requirements of this paragraph.(C) All reports filed in accordance with paragraph (3) of this subsection must be publicly available.(3) Annual reporting requirements. An ETP must report annually to the TUSF administrator that it is qualified to participate in the SRILEC USP.(4) Other reporting requirements. An ETP must report any other information that is required by the commission or the TUSF administrator, including any information necessary to assess contributions and disbursements from the TUSF.", "sourceNote": "Source Note: The provisions of this §26.404 adopted to be effective December 6, 2012, 37 TexReg 9626; amended to be effective December 21, 2014, 39 TexReg 9976; amended to be effective September 14, 2016, 41 TexReg 7076; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215877", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.405", "label": "Financial Need for Continued Support" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166773", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes criteria to demonstrate financial need for continued support for the provision of basic local telecommunications service under the Texas High Cost Universal Service Plan (THCUSP) and the Small and Rural Incumbent Local Exchange Company Universal Service Plan (SRILEC USP). This section also establishes the process by which the commission will evaluate petitions to show financial need and will set new monthly per-line support amounts. (b) Application. This section applies to an incumbent local exchange company (ILEC) that is subject to §26.403(f) of this title (relating to the Texas High Cost Universal Service Plan (THCUSP)) or §26.404(g) of this title (relating to the Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan). (c) Definitions. The following words and terms when used in this section have the following meaning unless the context clearly indicates otherwise:(1) Business line--The telecommunications facilities providing the communications channel that serves a single-line business customer's service address. For the purpose of this definition, a single-line business line is one to which multi-line hunting, trunking, or other special capabilities do not apply. For a line served by an ILEC, a business line is a line served in accordance with the ILEC's business service tariff or a package that includes such a tariffed service. For a line served by an ILEC in accordance with a customer specific contract or that is otherwise not served in accordance with a tariff, to qualify as a business line, the service must be provided in accordance with a customer application, subscriber agreement, or contract entered into by a public or private organization of any character, or a representative or agent of such entity, irrespective of the person or entity in actual possession of the telephone device. For a line that is served by an ETP other than an ILEC, to qualify as a business line, the service must be provided in accordance with a customer application, subscriber agreement, or contract entered into by a public or private organization of any character, or a representative or agent of such entity, irrespective of the person or entity in actual possession of the telephone device.(2) Eligible line--A residential line or a single-line business line over which an ETP provides the service supported by the THCUSP or SRILEC USP through its own facilities, purchase of unbundled network elements (UNEs), or a combination of its own facilities and purchase of UNEs. An eligible line may be a business line or a residential line but cannot be both.(3) Eligible telecommunications provider (ETP)--A telecommunications provider designated by the commission in accordance with §26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)). (4) Physical 911 address--For the purposes of this section, a physical 911 address is an address transmitted to the applicable emergency service providers by an ETP with respect to a line that is not stated in GPS coordinates.(5) Residential line--The telecommunications facilities providing the communications channel that serves a residential customer's service address. For the purpose of this definition, a residential line is one to which multi-line hunting, trunking, or other special capabilities do not apply. A line that qualifies as a business line does not qualify as a residential line.(6) Service Address--For the purposes of this section, a business or residential customer's service address is defined using the following criteria:(A) A service address is the unique physical street address, including any suite or unit number, where a line is provided to a customer, except as provided in clauses (i)-(ii) and subparagraph (B) of this paragraph.(i) If no unique physical street address is available, a physical 911 address must be used.(ii) If no unique physical street address and no physical 911 address are available, the business or residential customer's service address must be an area of land under common operation or use as defined by a deed, state permit, lease name, or licensed or registered field of operation, which must be described by an ETP using GPS coordinates. Multiple buildings within a single area of land under common operation or use must not qualify as separate service addresses, even if the GPS coordinates for each building are different. (B) For eligible lines served using commercial mobile radio service, a service address for such a line may be the customer's billing address for the purposes of this definition. (d) Determination of financial need. (1) Criteria to determine financial need. For each exchange that is served by an ILEC ETP filing a petition in accordance with subsection (f)(1) of this section, the commission will determine whether an ILEC ETP has a financial need for continued support. An ILEC ETP has a financial need for continued support within an exchange if the exchange does not contain an unsubsidized wireline voice provider competitor as set forth in paragraph (2) of this subsection. (2) Establishing the existence of an unsubsidized wireline voice provider competitor. For the purposes of this section, an exchange contains an unsubsidized wireline voice provider competitor if the percentage of square miles served by an unsubsidized wireline voice provider competitor exceeds 75% of the square miles within the exchange. The commission will determine whether an exchange contains an unsubsidized wireline voice provider competitor using the following criteria. (A) For the purposes of this section, an entity is an unsubsidized wireline voice provider competitor within an exchange if it: (i) does not receive THCUSP support, SRILEC USP support, Federal Communications Commission (FCC) Connect America Fund (CAF) support or successor federal programs, or FCC Legacy High Cost support for service provided within that exchange; and (ii) offers basic local service or broadband service of 3 megabits per second down and 768 kilobits per second up using wireline-based technology using either its own facilities or a combination of its own facilities and purchased unbundled network elements (UNEs). (B) Using the current version of the National Broadband Map in effect for at least 90 days, the commission will determine the census blocks served by an unsubsidized wireline voice provider competitor within a specific exchange and the total number of square miles represented by those census blocks using the following criteria.(i) The number of square miles served by an unsubsidized wireline voice provider competitor within an exchange must be equal to the total square mileage covered by census blocks in the exchange in which an unsubsidized wireline voice provider competitor offers service to any customer or customers. (ii) The commission will determine the percentage of square miles served by an unsubsidized wireline voice provider competitor within an exchange by dividing the number of square miles served by an unsubsidized wireline voice provider competitor within the exchange by the number of square miles within the exchange.(C) The data provided by the FCC's Broadband Data Collection creates a rebuttable presumption regarding the presence of an unsubsidized wireline voice provider competitor within a specific census block. However, nothing in this rule is intended to preclude a party from providing evidence as to the accuracy of individual census block data within the FCC's Broadband Data Collection with regard to whether an unsubsidized wireline voice provider competitor offers service within a particular census block.(3) Periodic review of criteria to demonstrate financial need for continued support. Beginning September 1, 2024, and every four years thereafter, the commission will review and may adjust the standards and criteria to demonstrate financial need for continued support under this subsection.(e) Criteria for determining amount of continued support. In a proceeding conducted in accordance with subsection (f) of this section, the commission will set new monthly per-line support amounts for each exchange served by a petitioning ILEC ETP. The new monthly per-line support amounts must be effective beginning with the first disbursement following a commission order entered in accordance with subsection (f)(2) of this section, except that the new amounts must not be effective earlier than January 1, 2024 for an exchange with service supported by the THCUSP or earlier than January 1, 2025 for an exchange with service supported by the SRILEC USP. (1) Exchanges in which the ILEC ETP does not have a financial need for continued support. (A) For each exchange that is served by an ILEC ETP that has filed a petition in accordance with subsection (f)(1) of this section and for which the commission has not determined that the ILEC ETP has a financial need for continued support, the commission will reduce the monthly per-line support amount to zero.(B) For each exchange that is served by an ILEC ETP that has filed a petition in accordance with subsection (f)(1) of this section and which is not included in the petition, the commission will reduce the monthly per-line support amount to zero.(2) Exchanges in which the ILEC ETP has a financial need for continued support. For each exchange that is served by an ILEC ETP that has filed a petition in accordance with subsection (f)(1) of this section and for which the commission has determined the ILEC ETP has a financial need for continued support, the commission will set a monthly per-line support amount according to the following criteria. (A) The initial monthly per-line support amounts for each exchange must be equal to: (i) the amount that the ILEC ETP was eligible to receive on December 31, 2023 for an ILEC ETP that receives support from the THCUSP; (ii) the amount that the ILEC ETP was eligible to receive on December 31, 2024 for an ILEC ETP that receives support from the SRILEC USP and that has not filed a request in accordance with subsection (g) of this section; or(iii) the new monthly per-line support amounts calculated in accordance with subsection (g) of this section for an ILEC ETP that has filed a request in accordance with subsection (g) of this section. (B) Initial monthly per-line support amounts for each exchange must be reduced by the extent to which the disbursements received by an ILEC ETP from the THCUSP or SRILEC USP in the twelve month period ending with the most recently completed calendar quarter prior to the filing of a petition in accordance with subsection (f)(1) of this section are greater than 80% of the total amount of expenses reflected in the summary of expenses filed in accordance with subsection (f)(1)(C) of this section. In establishing any reductions to the initial monthly per-line support amounts, the commission may consider any appropriate factor, including the residential line density per square mile of any affected exchanges. (C) For each exchange with service supported by the THCUSP, monthly per-line support must not exceed: (i) the monthly per-line support that the ILEC ETP is eligible to receive on December 31, 2023, if the petition is filed before January 1, 2024; (ii) 75 percent of the monthly per-line support that the ILEC ETP is eligible to receive on December 31, 2023, if the petition is filed on or after January 1, 2024, and before January 1, 2025; (iii) 50 percent of the monthly per-line support the ILEC ETP is eligible to receive on December 31, 2023, if the petition is filed on or after January 1, 2025, and before January 1, 2026; (iv) 25 percent of the monthly per-line support that the ILEC ETP is eligible to receive on December 31, 2023, if the petition is filed on or after January 1, 2026, and before January 1, 2027; or(v) zero percent of the monthly per-line support that the ILEC ETP is eligible to receive on December 31, 2023, if the petition is filed on or after January 1, 2027, and before January 1, 2028.(D) For each exchange with service supported by the SRILEC USP, monthly per-line support must not exceed: (i) the monthly per-line support that the ILEC ETP is eligible to receive on December 31, 2024, if the petition is filed before January 1, 2025; (ii) 75 percent of the monthly per-line support that the ILEC ETP is eligible to receive on December 31, 2024, if the petition is filed on or after January 1, 2025, and before January 1, 2026; (iii) 50 percent of the monthly per-line support the ILEC ETP is eligible to receive on December 31, 2024, if the petition is filed on or after January 1, 2026, and before January 1, 2027;(iv) 25 percent of the monthly per-line support that the ILEC ETP is eligible to receive on December 31, 2024, if the petition is filed on or after January 1, 2027, and before January 1, 2028; or(v) zero percent of the monthly per-line support that the ILEC ETP is eligible to receive on December 31, 2023, if the petition is filed on or after January 1, 2028, and before January 1, 2029.(E) An ILEC ETP may only be awarded continued support for the provision of service in exchanges with service that is eligible for support from the THCUSP or SRILEC USP at the time of filing of a petition in accordance with subsection (f)(1) of this section. (F) Portability of support. The support amounts established in accordance with this section are applicable to all ETPs and are portable with the customer. (f) Proceeding to Determine Financial Need and Amount of Support. (1) Petition to determine financial need. An ILEC ETP that is subject to §26.403(f) or §26.404(g) of this title may petition the commission to initiate a contested case proceeding to demonstrate that it has a financial need for continued support for the provision of basic local telecommunications service. (A) An ILEC ETP that is subject to either §26.403(f) or §26.404(g) of this title may only file one petition in accordance with this subsection. A petition filed in accordance with this subsection must include the information necessary to reach the determinations specified in this subsection. (B) An ILEC ETP filing a petition in accordance with this subsection must provide notice as required by the presiding officer in accordance with §22.55 of this title (relating to Notice in Other Proceedings). At a minimum, notice must be published in the Texas Register. (C) A petition filed in accordance with this subsection must include a summary of the following total Texas regulated expenses and property categories, including supporting workpapers, attributable to the ILEC ETP's exchanges with service supported by the THCUSP or SRILEC USP during the twelve month period ending with the most recently completed calendar quarter prior to the filing of the petition: (i) Plant-specific operations expense; (ii) Plant non-specific operations expense; (iii) Customer operations expense; (iv) Corporate operations expense; (v) Depreciation and amortization expenses; (vi) Other operating expenses; (vii) Total telecom plant in service; (viii) Total property held for future use; and (ix) Total telecom plant under construction. (D) A summary filed in accordance with this subsection must be filed publicly. Workpapers filed in accordance with this subsection may be filed publicly or confidentially. (E) Upon receipt of a petition in accordance with this section, the commission will initiate a contested case proceeding to determine whether the ILEC ETP has a financial need for continued support under this section for the exchanges identified in the petition. In the same proceeding, the commission will set a new monthly per-line support amount for all exchanges served by the ILEC ETP. (2) Issuance of final order on petition. The commission will issue a final order in the proceeding not later than the 330th day after the date the petition is filed with the commission. Until the commission issues a final order on the proceeding, the ILEC ETP must continue to receive the total amount of support it was eligible to receive on the date the ILEC ETP filed a petition under this subsection. (3) Effect of final order. An ILEC ETP is not subject to §26.403(f) or §26.404(g) of this title after the commission issues a final order on the petition. (4) Burden of proof. The ILEC ETP filing a petition in accordance with this subsection must bear the burden of proof with respect to all issues that are in the scope of the proceeding. (g) De-averaging of the support received by ILEC ETPs from the SRILEC USP. On or before January 1, 2017, an ILEC ETP filing a petition in accordance with subsection (f)(1) of this section and that receives support from the SRILEC USP may include in its petition a request that the commission determine for each exchange served by the ILEC ETP new monthly per-line support amounts that the ILEC ETP will be eligible to receive on December 31, 2017. The new monthly per-line support amounts will be calculated using the following methodology. (1) The commission will use per-line proxy support levels based on the following ranges of average residential line density per square mile within an individual exchange. These proxies are used specifically for the purpose of de-averaging and do not indicate a preference that support at these levels be provided from the SRILEC USP. Attached Graphic(2) Using the per-line proxy support amount levels set forth in this subsection, the commission will create a benchmark support amount for each exchange of a requesting ILEC ETP. The benchmark support amount for each individual supported exchange of a company or cooperative is calculated by multiplying the number of total eligible lines as of December 31, 2016 served by the ILEC ETP within each exchange by the corresponding proxy support amount for that individual exchange based on the average residential line density per square mile of the exchange as of December 31, 2016. (3) To the extent that the total sum of the benchmark support amounts for all of the supported exchanges of a company or cooperative is greater than or less than the targeted total support amount a company or cooperative would be eligible to receive on December 31, 2017 as a result of the final order in Docket No. 41097, the benchmark per-line support amount for each exchange must be proportionally reduced or increased by the same percentage amount so that the total support amount a company or cooperative is eligible to receive on December 31, 2017, as a result of the final order in Docket No. 41097, is unaffected by the de-averaging process. (4) The per-line support amount that a company or cooperative is eligible to receive in a specific exchange on December 31, 2017, for purposes of a petition filed in accordance with subsection (f)(1) of this section, is the per-line support amount for each exchange determined through the de-averaging process set forth in this subsection. (h) Reporting requirements. An ILEC ETP that receives support in accordance with this section is subject to the reporting requirements prescribed by §26.403(g) or §26.404(h) of this title. (i) Additional Financial Assistance. Nothing in this section prohibits an ILEC or a cooperative that is not an electing company under Chapter 58, 59, or 65 of PURA to apply for Additional Financial Assistance in accordance with §26.408 of this title (relating to Additional Financial Assistance (AFA)). (j) Service to be supported. The services to be supported in accordance with the section are subject to the same definitions and limitations as those prescribed by §26.403(d) and §26.404(d) of this title, in addition to any limitation ordered by the commission in a contested case proceeding.(k) Expiration of support to an ILEC ETP. On December 31, 2024, support to an ILEC ETP or cooperative must be reduced to zero percent of the amount of support that the company is eligible to receive on that date if the following conditions are met:(1) The support to the ILEC ETP or cooperative has been reduced to 25 percent of the amount of support the ILEC ETP or cooperative was eligible to receive before December 31, 2022; and(2) The ILEC ETP or cooperative has not submitted a petition under subsection (f)(1) of this section.(l) Relinquishment of support. An ETP may file a notice with the commission of the ETP's relinquishment of the support it is entitled to receive under this subchapter.(1) After notice by the provider, the commission will notify the TUSF administrator of the relinquishment and require the TUSF administrator to terminate support to the provider.(2) If the commission does not notify the TUSF administrator before 90 days of the date the ETP filed the notice with the commission, the ETP may stop receiving support 90 days from the date the ETP filed notice with the commission.", "sourceNote": "Source Note: The provisions of this §26.405 adopted to be effective December 21, 2014, 39 TexReg 9976; amended to be effective September 14, 2016, 41 TexReg 7076; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166773", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.406", "label": "Implementation of the Public Utility Regulatory Act §56.025" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215878", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement the provisions of the Public Utility Regulatory Act (PURA) §56.025. (b) Application. An incumbent local exchange company (ILEC) serving fewer than 31,000 access lines and each cooperative serving fewer than 31,000 access lines, and that on June 1, 2013, is not an electing company under PURA Chapter 58 or 59, may seek to recover funds from the Texas Universal Service Fund (TUSF) under this section in the following circumstances: (1) Commission reduction in the amount of high cost assistance fund. In the event of a commission order, rule, or policy, the effect of which is to reduce the amount of the high cost assistance fund support received by the ILEC as of February 10, 1998, except an order entered in an individual company revenue requirement proceeding, the commission shall allow, through the universal service fund, an ILEC to replace the reasonably projected reduction in revenues caused by that regulatory action. (2) Change in federal universal service fund revenues. In the event of a Federal Communications Commission order, rule, or policy, the effect of which is to change the federal universal service fund revenues of an ILEC or change costs or revenues assigned to the intrastate jurisdiction, the commission shall, through either the universal service fund or an increase to rates if that increase would not adversely impact universal service, replace the reasonably projected change in revenues caused by the regulatory action. (3) Commission change in intraLATA dialing access policy. In the event of a commission change in its policy with respect to intraLATA \"1+\" dialing access, the commission shall, through either the universal service fund or an increase to rates if that increase would not adversely impact universal service, replace the reasonably projected reduction in contribution caused by the action. Contribution for purposes of this paragraph equals average intraLATA long distance message telecommunications service (MTS) revenue, including intraLATA toll pooling and associated impacts, per minute less average MTS cost per minute less the average contribution from switched access times the projected change in intraLATA \"1+\" minutes of use. (4) Other governmental agency action. In the event of any other governmental agency issuing an order, rule, or policy, the effect of which is to increase costs or decrease revenues of the intrastate jurisdiction, the commission shall, through either the universal service fund or an increase to rates, if that increase would not adversely impact universal service, replace the reasonably projected increase in costs or decrease in revenues caused by that regulatory action. (5) Distribution of support. After December 31, 2013, the commission may not distribute support granted under this section, including any support granted before that date, to a local exchange company or cooperative that serves greater than 31,000 access lines or that is an electing company under PURA Chapters 58 or 59 on June 1, 2013. (c) Requirements of the ILEC. (1) Burden of proof. The ILEC seeking to recover funds from the TUSF under this section has the burden of proof. (2) Contents of application. The ILEC seeking to recover funds from the TUSF under this section shall file an application: (A) complying with the commission's Procedural Rules §22.73 of this title (relating to General Requirements for Applications); and (B) providing the amount requested from the TUSF under this section, the calculation of the amount requested, and detailed documentation and workpapers supporting the calculations. (3) Notice. The ILEC seeking to recover funds from the TUSF under this section shall provide notice as required by the presiding officer pursuant to the commission's Procedural Rules §22.55 of this title (relating to Notice in Other Proceedings). At a minimum, the notice shall state that the ILEC is requesting to recover funds from the TUSF under this section and the Public Utility Regulatory Act §56.025 and state the amount the ILEC is requesting to recover. At a minimum, the notice shall be published in the Texas Register. (d) Commission processing of the application. (1) The application shall be processed under the commission's Procedural Rules. (2) The commission shall process applications under this section promptly and efficiently. (e) Reporting requirements. An ILEC awarded support under this section shall provide the TUSF administrator a copy of the commission's final order indicating the amount of support it is to receive under this section.", "sourceNote": "Source Note: The provisions of this §26.406 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective September 4, 2006, 31 TexReg 7123; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215878", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.407", "label": "Small and Rural Incumbent Local Exchange Company Universal Service Plan Support Adjustments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "126249", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes criteria for a small incumbent local exchange company (small ILEC) to request adjustments to the monthly support the company receives in accordance with §26.404 of this title (relating to the Small and Rural Incumbent Local Exchange Company Universal Service Plan).(b) Application. This section applies to a small ILEC that has been designated as an eligible telecommunications provider (ETP) by the commission in accordance with §26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)).(c) Definitions. The following words and terms, when used in this section have the following meaning unless the context clearly indicates otherwise:(1) Eligible telecommunications provider (ETP)--A telecommunications provider designated by the commission in accordance with §26.417 of this title.(2) Federal Communications Commission (FCC) Rate of Return--The FCC's most recently prescribed rate of return as of the date of any determination, review, or adjustment under this section, to be no greater than 9.75 percent prior to July 1, 2021. If the FCC no longer prescribes such a rate of return, commission staff will initiate proceedings as necessary for the commission to determine or modify the FCC rate of return to be used for purposes of this section.(3) Reasonable Rate of Return--An intrastate rate of return within two percentage points above or three percentage points below the FCC rate of return.(4) Small incumbent local exchange company (small ILEC)--For purposes of this section, a small ILEC is a small provider as defined by PURA §56.032(a)(2).(d) Notification to the commission that a small ILEC seeks to participate in this section. A small ILEC that is not an electing company under Chapters 58 or 59 may file a written notice to the commission to participate in this section to have the commission determine the amount of Small and Rural Incumbent Local Exchange Company Universal Service Plan support it receives, so that such support, combined with regulated revenues, provides the small ILEC an opportunity to earn a reasonable rate of return if the reported rate of return of such small ILEC is based on expenses that it believes are reasonable and necessary. When adjusting monthly support, the commission will consider, among other factors described in this section, the adequacy of basic rates to support universal service. A small ILEC that submits a written notice to participate in this section will continue to receive the same level of Small and Rural Incumbent Local Exchange Company Universal Service Plan support it was receiving on the date of the written notice until the commission makes a determination or adjustment under this section.(e) Annual report of a requesting small ILEC.(1) Deadlines for annual reports. A small ILEC that submits a written notice under subsection (d) of this section must file an annual report each year with the commission, using the form prescribed by the commission that is available on the commission's website. The initial annual report for a small ILEC that files a written notice under subsection (d) of this section must be filed within two months after a small ILEC elects to participate in this section. Subsequent annual reports must be filed no later than September 15 of each year. All annual reports must be related to the most recent calendar year prior to the filing of the annual report.(2) Contents of annual report. The annual report filed by a small ILEC under this subsection must include information on the following:(A) summary of revenues and expenses;(B) all revenue, expense, and capital accounts;(C) invested capital;(D) intrastate federal income taxes calculated at the applicable tax rate;(E) network access service revenue;(F) weighted average cost of capital (for investor-owned utilities);(G) historical financial statistics;(H) proposed company adjustments;(I) the name, job title, and total annual compensation of each officer, director, and, for investor-owned companies, owners and former owners (including each general manager and any other highly compensated employee that may not be designated as an officer of the company), and the name and compensation of each family member of officers, directors, owners, and former owners employed by the small ILEC;(J) the amount and nature of each affiliate transaction, including transactions with family members of officers, directors, and, for an investor-owned company, owners and former owners;(K) all detail and supporting documentation necessary to support each of the items in subsection (e)(2); and(L) an authorized official's signature.(3) Cost allocation manual. The small ILEC must provide its full and complete cost allocation manual as part of the annual report specified by paragraph (2) of this subsection.(4) Operational information. By September 15, 2024, and on an annual basis thereafter, a small ILEC must file with the commission the following information regarding the provider's operations that are regulated by the commission:(A) total operating revenues;(B) total operating expenses;(C) total operating tax expense;(D) rate of return;(E) total invested capital; and(F) network access revenue.(5) The operational information specified by paragraph (4) of this subsection must be filed as part of a small ILEC's annual report specified by paragraph (2) of this subsection.(A) A copy of the operational information specified by paragraph (4) of this subsection must be filed publicly with the commission. The public filing is prohibited from being filed confidentially in accordance with PURA §56.032(k).(B) A small ILEC must provide reconciled information to the extent the operational information specified by paragraph (4) of this subsection is deficient or, where applicable, does not match the information provided in a small ILEC's annual report.(C) To the extent that commission staff determines the operational information is deficient, the small ILEC must provide the reconciled information to the commission in a public filing prior to the deadline prescribed by the presiding officer.(f) Commission staff's review of annual reports. An annual report submitted under this section will be reviewed by commission staff to determine whether a small ILEC's support, when combined with regulated revenues, provide the small ILEC an opportunity to earn a reasonable rate of return and whether the reported rate of return of the small ILEC is based on expenses that the commission staff determines are reasonable and necessary.(1) Timeline for review of the annual reports.(A) During the review of an annual report, commission staff may submit requests for information to the small ILEC. Responses to such requests for information will be provided to the commission staff within ten days after receipt of the request by the small ILEC. If a small ILEC fails to timely provide information to commission staff, the small ILEC will be considered to be a Category 3 provider.(B) Within 90 days after an annual report has been filed, commission staff will complete its review of the annual report and file a memorandum for the commission's consideration regarding a final recommendation on the reported or commission staff adjusted rate of return.(2) Commission staff's review of an annual report.(A) Commission staff will review and may make adjustments to information contained in the small ILEC's annual report, such as:(i) expenses that are not reasonable or necessary;(ii) expenses listed under §26.201(c)(2) of this title (relating to Cost of Service);(iii) expenses that are not in compliance with FCC rules;(iv) inappropriate affiliate transactions;(v) inappropriate cost allocations;(vi) inappropriate allocation of federal universal service support; and(vii) any other adjustments that commission staff may find appropriate.(B) Commission staff will recalculate the small ILEC's reported rate of return and provide an adjusted rate of return if any adjustments were made in paragraph (2)(A) of this subsection.(3) Separation of small ILECs into rate of return categories. Upon completion of commission staff's review of a small ILEC's annual report, commission staff will determine the appropriate category for the small ILEC within the following three categories based on the small ILEC's reported or commission staff adjusted rate of return:(A) Category 1. A rate of return of more than three percentage points below the FCC rate of return;(B) Category 2. A rate of return within two percentage points above or three percentage points below the FCC rate of return; and(C) Category 3. A rate of return of more than two percentage points above the FCC rate of return.(4) Commission staff will file a memorandum for the commission's consideration of the categorization of each small ILEC in accordance with paragraph (1)(B) of this subsection.(g) Treatment of small ILECs based on rate of return categories. Each category of ILEC will be processed as set forth below.(1) Category 1 - A small ILEC that has a reported or commission staff adjusted rate of return in Category 1 may file an application for an adjustment to have its annual Small and Rural Incumbent Local Exchange Company Universal Service Plan support or basic rates increased to a level that would allow the small ILEC to earn an amount that would be considered a reasonable rate of return, except that the adjustment may not set a small ILEC's support level at more than 140 percent of the annualized support the provider received in the 12-month period before the date of the adjustment. Any rate adjustments may not adversely affect universal service.(2) Category 2 - A small ILEC that has a reported or commission staff adjusted rate of return in Category 2 will be considered to be earning a reasonable rate of return and will not be eligible to file for an adjustment to its Small and Rural Incumbent Local Exchange Company Universal Service Plan support, except as described in subsection (h)(2)(B) of this section. The commission may not initiate a proceeding against a small ILEC that has a reported or commission staff adjusted rate of return within Category 2.(3) Category 3 - For a small ILEC that has a reported or commission staff adjusted rate of return in Category 3, the commission staff may initiate a proceeding to review and adjust the small ILEC's Small and Rural Incumbent Local Exchange Company Universal Service Plan support or basic rates to adjust the small ILEC's rate of return into the reasonable rate of return range. A small ILEC that has a commission staff adjusted rate of return in Category 3 is not eligible to file for an adjustment to its Small and Rural Incumbent Local Exchange Company Universal Service Plan support, except as described in subsection (h)(2)(B) of this section.(h) Contested case procedures.(1) Documents to be submitted. At a minimum, the following information must be provided by a small ILEC in a contested case proceeding, regardless of whether such case is initiated by a small ILEC or commission staff. Any proceeding filed under this section in which a party has intervened and requested a hearing is a case initiated by a small ILEC or commission staff and the filing requirements listed below apply to such cases.(A) all the data required by subsections (e) and (f) of this section;(B) responses to commission staff's requests for information in connection with the review of each small ILEC's annual report;(C) the requested Small and Rural Incumbent Local Exchange Company Universal Service Plan support or rate adjustments; and,(D) testimony and workpapers necessary to support the requested adjustments.(2) Qualification for contested case proceeding.(A) Category 1 small ILECs. A small ILEC in Category 1, as identified in subsection (f)(3) of this section, may file an application that is eligible for administrative review or informal disposition to request an adjustment to its Small and Rural Incumbent Local Exchange Company Universal Service Plan or basic rates to allow the company to earn a reasonable rate of return.(B) Category 2 or Category 3 small ILECs subsequent to rate of return adjustment by commission staff. A small ILEC that has a reported rate of return in Category 1 or Category 2, as identified in subsection (f)(3) of this section, but that has a commission staff adjusted rate of return in Category 2 or Category 3, may file a petition to contest the commission staff adjusted rate of return and may also request an adjustment to its Small and Rural Incumbent Local Exchange Company Universal Service Plan support or basic rates in the same proceeding. A small ILEC that has a reported rate of return in Category 2 but because of commission staff adjustments the small ILEC is in Category 3, may file a petition to contest the commission staff adjustments. However, the small ILEC may not request an adjustment to its Small and Rural Incumbent Local Exchange Company Universal Service Plan support or basic rates. Any proceeding that is initiated by a small ILEC to protest a reclassification and in which a party has intervened and requested a hearing is a case initiated by a small ILEC and the filing requirements listed below apply to these cases.(C) Category 3 small ILECs. A small ILEC in Category 3, as identified in subsection (f)(3) of this section, is subject to a commission staff initiated proceeding to review the company's annual report and reported rate of return, must submit the information listed in paragraph (1) of this subsection.(3) Notice. Each small ILEC that files a contested case proceeding will provide notice as required by §22.55 of this title (relating to Notice in Other Proceedings). At a minimum, notice will be published in the Texas Register and will be provided to the Office of Public Utility Counsel. Each Category 1 small ILEC that files an application under this section must provide notice to its customers that the company may be required to increase its rates as part of the adjustment to have its annual Small and Rural Incumbent Local Exchange Company Universal Service Plan support increased.(4) Burden of proof. A small ILEC will bear the initial burden of production and the burden of persuasion.(5) Timing for contested cases. The commission will grant or deny an application filed under subsection not later than 120 days after the date a sufficient application is filed. The commission may extend the deadline upon a showing of good cause. The application will be processed in accordance with the commission's rules applicable to docketed cases.(6) Timing to file a subsequent contested case. Once the commission issues an order in a contested case under this section, the small ILEC and commission staff may not file a subsequent contested case before the third anniversary of the date on which the small ILEC's most recent application for adjustment is initiated, unless good cause is proven.(i) Confidentiality of information.(1) A report or information that a small ILEC is required to provide to the commission under subsection (e) of this section is confidential and not subject to disclosure under Chapter 552, Government Code.(2) A third party may only access confidential information filed according to subsection (h) of this section, or a proceeding related to that filing, if the third party is subject to an appropriate protective order.(3) This subsection does not apply to a subsequent contested case initiated under subsection (h) of this section, and no claim of confidentiality will arise from this subsection in such a subsequent contested case.(j) Commission adjustment of the small ILEC's revenue requirement and Small and Rural Incumbent Local Exchange Company Universal Service Plan support.(1) Revised revenue requirements.(A) In a proceeding conducted in accordance with subsection (h) of this section, the commission will determine the small ILEC's new revenue requirement necessary to allow the company to earn a reasonable rate of return; however, the commission may not set a small ILEC's support level at more than 140 percent of the annualized support the small ILEC received in the 12-month period before the date of the adjustment, nor may the rate adjustment adversely affect universal service.(B) A small ILEC that is in Category 1 cannot request an increase in the Small and Rural Incumbent Local Exchange Company Universal Service Plan support that would result in a rate of return greater than the minimum of the reasonable rate of return. In a proceeding for a small ILEC in Category 3, a small ILEC or commission staff may not request a decrease in the Small and Rural Incumbent Local Exchange Company Universal Service Plan support that would result in a rate of return greater than the maximum reasonable rate of return.(2) Small and Rural Incumbent Local Exchange Company Universal Service Plan (SRIUSP) support payments to small ILECs. The commission will determine the amount of adjustment to the annual SRIUSP support or basic rates for the small ILEC that will be needed to meet the new revenue requirement identified in this paragraph. The commission will determine the fixed monthly support payment for a small ILEC by dividing the SRIUSP support by 12. Each small ILEC that has SRIUSP support adjusted under this section must provide the TUSF administrator with a copy of the final order indicating the adjusted amount of SRIUSP support.(k) Miscellaneous items.(1) Federal Universal Service Fund (FUSF) support. The amount of annual FUSF support received by the small ILEC that is considered to be an intrastate expense adjustment under Part 36 and Part 54 of the FCC's rules or by FCC order, regardless of the category of FUSF support, will offset the total intrastate expenses and be reflected as such in the small ILEC's annual report. The timing of any FUSF support will be considered when making a determination under subsection (j) of this section.(2) Recovery of FUSF support from the TUSF in accordance with PURA §56.025. The amount of FUSF support recovered from the TUSF in accordance with PURA §56.025 that is considered an intrastate expense adjustment under Part 36 and Part 54 of the FCC rules or by FCC order, regardless of the category of FUSF support or type of budget control mechanism placed on FUSF support, will be shown as an offset to the total intrastate expenses in the small ILEC's annual report. The timing of any recovery of FUSF support from the TUSF in accordance with PURA §56.025 and the timing of any true-ups must be considered when making a determination under subsection (j) of this section.(3) Commission authority. Nothing in this section prohibits the commission from conducting a review in accordance with PURA, Chapter 53, Subchapter D.(l) Treatment of federal income tax expense.(1) Accumulated deferred federal income taxes (ADFIT).(A) For a small ILEC investor-owned utility (IOU) subject to federal income tax, the IOU must record on its books a regulatory liability for amounts of excess ADFIT resulting from the Tax Cuts and Jobs Act of 2017 (TCJA), in accordance with the commission's order in Project No. 47945. An IOU must include this information on the annual report required by this rule. For the purposes of this section, excess ADFIT is defined as the difference between the amount of ADFIT on the IOU's books after incorporating changes from the TCJA and the amount of ADFIT that would have been on the IOU's books had the tax changes in the TCJA not occurred.(B) IOUs will either amortize the excess ADFIT regulatory liability over a period not to exceed five years or allow it to reverse along with the associated ADFIT according to the transaction that resulted in the ADFIT.(2) Current federal income tax expense.(A) For an IOU subject to federal income tax, the IOU must record on its books a regulatory liability for amounts of excess current federal income taxes resulting from the TCJA, in accordance with the commission's order in Project No. 47945. An IOU must include this information on the annual report required by this section. For purposes of this section, excess current federal income tax expense is defined as the difference between the amount of revenue collected under current rates related to current federal income tax expense and the amount of revenue related to current federal income tax expense that should have been collected under rates reflecting changes in the TCJA. An acceptable alternative calculation of an appropriate regulatory liability for purposes of this rule is the difference in the current period federal income tax expense calculated under the TCJA and the amount that would have been calculated under the federal tax code immediately preceding the TCJA.(B) At such time that commission staff files a memorandum for the commission to categorize the IOUs' rate of return for 2017, the IOUs will no longer accrue on the books the regulatory liability for excess current federal income tax expense.(C) An IOU will amortize the regulatory liability for the excess current federal income tax expense over a period not to exceed five years.(D) An IOU will supplement its 2017 reported financial information to reflect the amount of current federal income tax expense for 2017 calculated as if the terms of the TCJA had applied to 2017 operations to calculate potential support from the Small and Rural Incumbent Local Exchange Company Universal Service Plan. The IOU will report this information as a proposed adjustment.(3) This subsection will expire on December 31, 2019. Any amortization of a regulatory liability resulting from application of this subsection would continue until completed.", "sourceNote": "Source Note: The provisions of this §26.407 adopted to be effective November 5, 2018, 43 TexReg 7343; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "126249", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.408", "label": "Additional Financial Assistance (AFA)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215879", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Incumbent local exchange companies (ILECs) serving high cost and rural areas of the state may require financial assistance, in addition to the funds provided by §26.403 of this title (relating to Texas High Cost Universal Service Plan (THCUSP)), by §26.404 of this title (relating to Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan), or by §26.406 of this title (relating to the Implementation of the Public Utility Regulatory Act §56.025), so that these carriers may provide basic local exchange service at reasonable rates. This section establishes guidelines for requesting Additional Financial Assistance (AFA) from the Texas Universal Service Fund (TUSF).(b) Application. Any ILEC that has been designated by the commission as an eligible telecommunications provider (ETP) and is not an electing company under the Public Utility Regulatory Act (PURA) Chapter 58, 59 or 65, may request AFA in a PURA §§53.105, 53.151, or 53.306 proceeding.(c) Establishment of AFA need. The commission may approve an ILEC's AFA request if the commission finds:(1) that the ILEC has fulfilled the appropriate requirements under PURA §§53.105, 53.151, or 53.306; and(2) that raising the ILEC's rates for basic local telecommunications service, as defined in §26.403 of this title, would adversely affect universal service in such ILEC's certificated service area.(d) Reporting requirements. Any ILEC awarded AFA support pursuant to this section through a commission proceeding shall provide the TUSF administrator with a copy of the final order indicating the amount of support.", "sourceNote": "Source Note: The provisions of this §26.408 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective September 4, 2006, 31 TexReg 7123." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215879", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.409", "label": "Review of Texas Universal Service Fund Support Received by Competitive Eligible Telecommunications Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "78498", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements PURA §56.023(p) and (r) and establishes the criteria and process for determining whether Texas Universal Service Fund (TUSF) support under §26.403 of this title (relating to Texas High Cost Universal Service Plan (THCUSP)) to a competitive Eligible Telecommunications Provider (ETP) should be eliminated.(b) Application. This section applies to exchanges in which an incumbent local exchange company or cooperative is ineligible for support under PURA §56.021(1) and a competitive ETP receives TUSF support under §26.403 of this title. This section expires on December 31, 2023.(c) Commission review.(1) The commission must review the per-line TUSF support amount for each exchange identified by subparagraph (d)(1)(B) of this section to determine whether support should be eliminated. The first review of an exchange must be completed not later than the end of the year following the year in which the exchange was reported under subparagraph (d)(1)(B) of this section.(2) The commission must base its decision on the following criteria:(A) The total number of access lines in the exchange served by competitive ETPs receiving TUSF support;(B) The number of competitors providing comparable service in the exchange; and(C) Whether continuing the TUSF support is in the public interest.(d) Identification of exchanges for review.(1) No later than April 30 of each year, commission staff must report:(A) Each exchange in which the number of access lines served by competitive ETPs has decreased by at least 50% from the number of access lines that were served in that exchange by competitive ETPs on December 31, 2016; and(B) The number of access lines served by those competitive ETPs identified in subparagraph (A) of this paragraph on December 31 of the prior calendar year.(2) Commission staff must file its report in central records under a control number designated for that purpose.(e) Initiation of proceeding. For each exchange identified under subparagraph (d)(1)(B) of this section, commission staff will file an application to initiate a proceeding to review the per-line TUSF support amount for that exchange.(1) The application must be supported by an affidavit and describe commission staff's determination that the number of access lines served by competitive ETPs in the exchange decreased by at least 50% compared to the number of access lines served by competitive ETPs in that exchange on December 31, 2016.(2) Commission staff must serve a copy of the application, at the time of filing, to the competitive ETPs receiving TUSF support in the exchange by email, regular mail, and certified mail.(f) Competitive ETP's response to commission staff's application.(1) A competitive ETP serving access lines in an exchange identified under subparagraph (d)(1)(B) may respond to commission staff's application no later than 30 days after the application is filed.(2) A competitive ETP's response must address the criteria listed in subsection (c) of this section.(3) The response must be in writing, supported by affidavit, and filed with the commission as prescribed by 16 TAC §22.71 of this title (relating to Filing of Pleadings, Documents, and Other Materials).(g) Commission staff's recommendation. In accordance with the schedule established by the presiding officer, but no earlier than 40 days after filing the application described in subsection (e), commission staff will file a recommendation, supported by affidavit, on whether the commission should eliminate TUSF support in the identified exchange. In its recommendation, commission staff must address the criteria listed in subsection (c).(h) Competitive ETP's response to commission staff's recommendation. No later than 20 days after commission staff files its recommendation, a competitive ETP may file a response to commission staff's recommendation. The response must state whether the competitive ETP agrees or disagrees with commission staff's recommendation and may include a request for a hearing.(i) Commission determination.(1) If a competitive ETP does not request a hearing within the time prescribed by subsection (h), the commission will determine whether to eliminate TUSF support for the exchange based on the filings submitted by commission staff and the competitive ETPs.(2) If a competitive ETP requests a hearing, the proceeding will be conducted as a contested case.(j) Further review. If the commission does not eliminate TUSF support for an exchange after a review conducted under subsections (c) - (i) of this section, the commission must repeat the review of the TUSF per-line support amount for that exchange at least every three years.", "sourceNote": "Source Note: The provisions of this §26.409 adopted to be effective October 3, 2019, 44 TexReg 5616; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "78498", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.410", "label": "Universal Service Fund Reimbursement for Certain IntraLATA Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164568", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement the provisions of the Public Utility Regulatory Act (PURA) §56.028.(b) Applicability. Under this section, an incumbent local exchange company (ILEC) that is not an electing company under PURA Chapters 58 and 59 may request reimbursement through the Texas Universal Service Fund (TUSF) when providing intraLATA interexchange high capacity (1.544 Mbps) service at reduced rates for entities described in PURA §58.253(a).(c) Reimbursement. Reimbursement shall be retroactive to the date on which a non-electing ILEC's tariff containing the reduced rate was approved by the commission, or September 1, 1999, whichever is later. The amount of reimbursement shall be the difference between the ILEC's tariffed rate for that service, less any applicable discounts, and the lowest rate for that service offered by any local exchange company electing incentive regulation under PURA Chapter 58, multiplied by the number of eligible lines. The non-electing ILEC's rate for purposes of reimbursement shall be the rate effective on January 1, 1998. A non-electing ILEC without a tariffed rate on January 1, 1998, shall use the rate most recently approved by the commission.(d) Reporting requirements.(1) An ILEC awarded support under this section shall provide the TUSF administrator:(A) the number of lines eligible for support; and(B) the ILEC's tariffed rate, as of January 1, 1998, for the service; and(C) the lowest rate offered for the service by any local exchange company electing incentive regulation under PURA Chapter 58.(2) Upon request of the commission, the ILEC awarded support under this section shall designate the basis on which it is establishing rates.", "sourceNote": "Source Note: The provisions of this §26.410 adopted to be effective May 24, 2000, 25 TexReg 4514." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164568", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.412", "label": "Lifeline Service Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164569", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and purpose. Through this section, the commission seeks to identify and make available Lifeline Service to all qualifying customers and households, establish a procedure for Lifeline Automatic Enrollment and Lifeline Self-Enrollment, and define the responsibilities of all providers of local exchange telephone service that provide Lifeline Service, qualified customers, the Texas Health and Human Services Commission (HHSC), and the Low-Income Discount Administrator (LIDA) Program. (b) Applicability. This section applies to the following providers of local exchange telephone service collectively referred to in this section as Lifeline providers: (1) ETC--A carrier designated as such by a state commission pursuant to 47 C.F.R. §54.201 and §26.418 of this title (relating to Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds) or a carrier designated as an ETC by the FCC pursuant to 47 C.F.R. §54.201. (2) ETP--A provider designated as an ETP as defined by §26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)). (3) Resale ETP (R-ETP)--A certificated provider that provides local exchange telephone service solely through the resale of an incumbent local exchange carrier's service and that has been designated as a R-ETP as defined by §26.419 of this title (relating to Telecommunication Resale Providers Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF) for Lifeline Service). (4) Non-ETP/ETC Certificated Provider--Any certificated provider of local exchange telephone service that chooses not to become an ETP or an ETC as defined by §§26.417, 26.418, or 26.419 of this title. (c) Definitions. (1) Qualifying low-income customer--A customer who meets the qualifications for Lifeline Service, as specified in subsection (d) of this section. (2) Toll blocking--A service provided by Lifeline providers that let customers elect not to allow the completion of outgoing toll calls from their telephone. (3) Toll control--A service provided by Lifeline providers that allow customers to specify a certain amount of toll usage that may be incurred on their telephone account per month or per billing cycle. (4) Toll limitation--Denotes either toll blocking or toll control for Lifeline providers that are incapable of providing both services. For Lifeline providers that are capable of providing both services, \"toll limitation\" denotes both toll blocking as defined in paragraph (2) of this subsection and toll control as defined in paragraph (3) of this subsection. (5) Eligible resident of Tribal lands--A \"qualifying low-income customer,\" as defined in paragraph (1) of this subsection, living on Tribal lands, as defined in 47 C.F.R. §54.400. (6) Income--As defined in 47 C.F.R. §54.400 includes all income actually received by all members of the household. This includes salary before deductions for taxes, public assistance benefits, social security payments, pensions, unemployment compensation, veteran's benefits, inheritances, alimony, child support payments, worker's compensation benefits, gifts, lottery winnings, and the like. The only exceptions are student financial aid, military housing and cost-of-living allowances, irregular income from occasional small jobs such as baby-sitting or lawn mowing, and the like. (d) Customer Eligibility Requirements. A customer is eligible for Lifeline Service if they meet one of the criteria of paragraph (1), (2), or (3) of this subsection as determined by the Low-Income Discount Administrator (LIDA). Nothing in this section shall prohibit a customer otherwise eligible to receive Lifeline Service from obtaining and using telecommunications equipment or services designed to aid such customer in utilizing qualifying telecommunications services. (1) The customer's household income is at or below 150% of the federal poverty guidelines as published by the United States Department of Health and Human Services and updated annually; (2) A customer who receives benefits from or has a child that resides in the customer's household who receives benefits from any of the following programs qualifies for Lifeline Services: Medicaid, Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income (SSI), Federal Public Housing Assistance, Low Income Home Energy Assistance Program (LIHEAP), or health benefits coverage under the State Child Health Plan (CHIP) under Chapter 62, Health and Safety Code, National School Lunch Program--Free Lunch Program, Temporary Assistance for Needy Families (TANF); or (3) A customer is an eligible resident of Tribal lands as defined in subsection (c)(5) of this section. In addition to the programs listed in paragraph (2) of this subsection, residents of Tribal lands may qualify if they are in one of the programs listed in 47 C.F.R. §54.409(b). (e) Lifeline Service Program. Each Lifeline provider shall provide Lifeline Service as provided by this section. Lifeline Service is a non-transferable retail local exchange telephone service offering available to qualifying low-income customers. Lifeline Service shall be provided according to the following requirements: (1) Designated Lifeline services. Lifeline providers shall offer the services or functionalities enumerated in 47 C.F.R. §54.101 (relating to Supported Services for Rural, Insular and High Cost Areas). (2) Toll limitation. Lifeline providers shall offer toll limitation to all qualifying low-income customers at the time the customer subscribes to Lifeline Service. If the customer elects to receive toll limitation that service shall become part of the customer's Lifeline Service and the customer's monthly bill will not be increased by otherwise applicable toll limitation charges. (3) Disconnection of service. (A) Disconnection. A certificated provider of local exchange service shall be prohibited from disconnecting basic network services listed in PURA §58.051 to a customer who receives Lifeline Service because of nonpayment by the customer of charges for other services billed by the provider, including interexchange telecommunications service. (B) A certificated provider of local exchange service may block a lifeline service customer's access to all interexchange telecommunications service except toll-free numbers when the customer owes an outstanding amount for that service. The provider shall remove the block without additional cost to the customer on payment of outstanding amount. (C) Discontinuance of Lifeline Discounts for customers automatically enrolled. The eligibility period for automatically enrolled customers is the length of their enrollment in HHSC benefits plus a period of 60 days for renewal. Automatically enrolled customers will have an opportunity to renew their HHSC benefits or self-enroll with the LIDA upon the expiration of their automatic enrollment. (D) Discontinuance of Lifeline discounts for customers who have self-enrolled. Individuals not receiving benefits through HHSC programs, but who have met Lifeline income qualifications in subsection (d) of this section, are eligible to receive the Lifeline discount for seven months, which includes a period of 60 days during which the customer may renew their eligibility with the LIDA for an additional seven months. (4) Number Portability. Consistent with 47 C.F.R. §52.33, Lifeline providers may not charge Lifeline customers a monthly number-portability charge. (5) Service deposit prohibition. If the qualifying low-income customer voluntarily elects toll limitation from the Lifeline provider, the Lifeline provider may not collect a service deposit pursuant to §26.24 of this title (relating to Credit Requirements and Deposits) in order to initiate Lifeline Service. (6) Ancillary services. A Lifeline provider shall provide customers who apply for or receive Lifeline Service access to available vertical services or custom calling features, including caller ID, call waiting, and call blocking, at the same price as other consumers. Lifeline discounts shall only apply to that portion of the bill that is for basic network services. (7) Bundled packages. A Lifeline provider shall provide customers who apply to receive Lifeline Service access to bundled packages at the same price as other consumers less the Lifeline discount that shall only apply to that portion of the bundled package bill that is for basic network service. (f) Lifeline support and recovery of support amounts. (1) Lifeline discount amounts. All Lifeline providers shall provide the following Lifeline discounts to all eligible Lifeline customers so long as the total of all the Lifeline discounts combined does not result in a rate of less than zero for a customer's basic local service. Should the total of all Lifeline discounts result in a rate of less than zero on a customer's bill, the Lifeline provider shall only provide a Lifeline discount amount up to the price a customer is charged for basic local service. (A) Federally approved reduction--Up to the federal monthly basic Lifeline support amount outlined in 47 C.F.R. 54.403. (B) Additional federal Lifeline reduction for an eligible customer who is a resident of Tribal lands, as defined in 47 C.F.R. §54.400, up to the federal monthly Lifeline amount outlined in 47 C.F.R. §54.403. (C) State reduction--A state-approved reduction of up to a maximum of $3.50 in the monthly amount of intrastate charges. (D) Texas High Cost Universal Service Plan (THCUSP) Incumbent Local Exchange Carrier (ILEC) Area Discount-- (i) All Lifeline providers operating in the service areas of Southwestern Bell Telephone Company d/b/a AT&T Texas, GTE Southwest Incorporated d/b/a Verizon Southwest, Central Telephone Company d/b/a CenturyLink, United Telephone Company d/b/a CenturyLink, and Windstream Communications Southwest, or their successors, (collectively, THCUSP ILECs) shall provide a reduction (THCUSP ILEC Area Discount) up to 25% of any actual increase by a THCUSP ILEC to its residential basic network service rate that occurs in a THCUSP ILEC's Public Utility Regulatory Act (PURA) Chapter 58 regulated exchanges. (ii) A THCUSP ILEC Area Discount shall be calculated by a THCUSP ILEC on the basis of the weighted average of the Rate Increase(s). The calculation of the weighted average of the Rate Increase(s) shall use a denominator that is the sum of all PURA Chapter 58 regulated residential lines with Rate Increases, and shall use a numerator that is the sum of each product that results from multiplying the number of PURA Chapter 58 regulated residential lines affected by each discrete Rate Increase times the corresponding Rate Increase. The weighted average of the Rate Increase(s) calculation shall be included in the tariff filing made to implement the THCUSP ILEC Area Discount. (iii) A THCUSP ILEC Area Discount shall be provided to all qualifying Lifeline customers who are located in the service area of the THCUSP ILEC that has implemented the corresponding Rate Increase. (iv) A THCUSP ILEC shall file with the commission tariffs implementing a THCUSP ILEC Area Discount at the time it files for a rate increase. The effective date of a THCUSP ILEC Area Discount shall have the same effective date as the corresponding rate increase. (v) A competitive local exchange carrier (CLEC) Lifeline provider operating in the service area of a THCUSP ILEC shall file with the commission tariffs or price lists implementing the appropriate THCUSP ILEC Area Discount. (E) Small and Rural Incumbent Local Exchange Company Universal Service Plan (SRILEC USP) Area Discount--(i) Beginning January 1, 2014, all Lifeline providers operating in the service areas of those incumbent local exchange carriers that participate in the SRILEC USP shall provide an increase in the Lifeline service discount up to 25% of any actual increase by a SRILEC USP ILEC to its residential basic network service rate that occurs in a SRILEC USP ILEC's regulated exchanges and is consistent with §26.404 of this title (relating to Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan). (ii) A SRILEC shall file with the commission tariffs implementing a SRILEC USP Area Discount at the time it files for a rate increase. The effective date of a SRILEC USP Area Discount shall have the same effective date as the corresponding rate increase (iii) A CLEC Lifeline provider operating in the service area of a SRILEC shall file with the commission tariffs or price lists implementing the appropriate SRILEC USP Area Discount. (2) Lifeline support amounts. The following Lifeline providers shall receive support amounts for the Lifeline discounts outlined in paragraph (1) of this subsection. Note: A Lifeline provider shall not receive a support amount greater than the amount it provided to each qualifying Lifeline customer. (A) ETC--Pursuant to 47 C.F.R. §54.403, the federal Lifeline support an ETC shall receive is: (i) Federally approved support amount pursuant to 47 C.F.R. §54.403. (ii) Additional federal Lifeline reduction for an eligible resident of Tribal lands, as defined in 47 C.F.R. §54.400--up to the federal monthly Lifeline amount outlined in 47 C.F.R. §54.403. (B) ETP-- (i) State support of up to a maximum of $3.50. (ii) THCUSP ILEC Area support--Amount calculated pursuant to paragraph (1)(D) of this subsection. (iii) SRILEC USP support--Amount calculated pursuant to paragraph (1)(E) of this subsection. (iv) If an ETP has been designated as an ETC, then the certificated provider shall also receive support amounts prescribed by subparagraph (A) of this paragraph. (C) Resale ETP--A resale ETP shall receive Lifeline Service support up to or equal to the following state and federal amounts as long as the Lifeline Service was not purchased as a wholesale offering from the ILEC. Any Lifeline Service purchased as a wholesale offering from the ILEC includes the Lifeline Discount and is therefore not eligible to receive an additional discount. The TUSF, regardless of whether the Lifeline Service Discount is state or federally mandated, will provide the Lifeline Service support so long as the total of all the Lifeline discounts combined does not result in a rate of less than zero for a customer's basic local service. Should the total of all Lifeline discounts result in a rate of less than zero on a customer's bill, the Lifeline provider shall only provide a Lifeline discount amount up to the price a customer is charged for basic local service. (i) Federally approved support amount pursuant to 47 C.F.R. §54.403. (ii) Additional federal Lifeline reduction for an eligible resident of Tribal lands, as defined in 47 C.F.R. §54.400--up to the federal monthly Lifeline amount outlined in 47 C.F.R. §54.403; (iii) State support of up to a maximum of $3.50. (iv) THCUSP Area support--Amount calculated pursuant to paragraph (1)(D) of this subsection. (v) SRILEC USP support--Amount calculated pursuant to paragraph (1)(E) of this subsection. (D) Non-ETP/ETC--A Non-ETP/ETC is not eligible to receive any state or federal Lifeline support. (g) Obligations of the customer and the Lifeline provider. (1) Obligations of the customer. (A) Customers who meet the low-income requirement for qualification but do not receive benefits under the programs listed in subsection (d) of this section may provide the LIDA with self-enrollment for Lifeline benefits. (B) Customers receiving benefits under the programs listed in subsection (d) of this section and who have telephone service will be subject to the Lifeline automatic enrollment procedures as provided by the LIDA unless they provide the LIDA with a request to be excluded from Lifeline Service. (C) Customers receiving benefits under the programs listed in subsection (d) of this section and who do not have telephone service must initiate a request for service from a participating telecommunications carrier providing local service in their area. (D) The LIDA shall provide a self-enrollment form by direct mail at the customer's request. (E) Opportunity for contest. (i) A customer who believes that their self-enrollment application has been erroneously denied may request in writing that LIDA review the application, and the customer may submit additional information as proof of eligibility. (ii) A customer who is dissatisfied with LIDA's action following a request for review under clause (i) of this subparagraph may request in writing that an informal hearing be conducted by the commission staff. (iii) A customer dissatisfied with the determination after an informal hearing under clause (ii) of this subparagraph may file a formal complaint pursuant to §22.242(e) of this title (relating to Complaints). (2) Obligations of Lifeline providers. (A) A Lifeline provider shall only provide Lifeline Service to all eligible customers identified by the LIDA within its service area in accordance with this section. (i) A Lifeline provider shall identify, on the initial database provided by the LIDA, those customers to whom it is providing telephone service and shall begin reduced billing for those qualifying low-income customers. (ii) The eligible customer shall not be charged for changes in telephone service arrangements that are made in order to qualify for Lifeline Service, or for service order charges associated with transferring the account into Lifeline Service. If the eligible customer changes the telephone service, the Lifeline provider shall begin reduced billing at the time the change of service becomes effective. (iii) Monthly, all ETCs, ETPs, RETPs, and certificated providers providing telephone service in Texas must provide a file of its residential customers in a format and date determined by LIDA, for Lifeline processing. (iv) Upon receipt of the monthly update provided by the LIDA, a Lifeline provider shall begin reduced billing for those qualifying low-income customers subscribing to services within 30 days. (v) The LIDA shall maintain customers' self-enrollment forms and provide a file of self-enrolling customers to all Lifeline providers. (B) Tariff Requirement. Each Lifeline provider shall file a tariff to implement Lifeline Service, or revise its existing tariff for compliance with this section and with applicable law, including subsection (f)(1)(C) of this section. (C) Reporting requirements. Lifeline providers providing Lifeline Service pursuant to this section shall report information as required by the commission or the TUSF administrator, including but not limited to the following information: (i) Initial reporting requirements. Lifeline providers shall provide the commission and the TUSF administrator with information demonstrating that it meets the requirements of this section. (ii) Monthly reporting requirements. Lifeline providers shall report monthly to the TUSF administrator the total number of qualified low-income customers to whom Lifeline Service was provided for the month by the Lifeline providers. Resale ETPs shall not report any customers whose Lifeline Services were purchased from an ILEC as a wholesale Lifeline Service offering. The ILEC from whom these lines were purchased will include those customers in its total number of qualified low-income customers reported to the TUSF administrator. Non-ETP Lifeline providers are excluded from this reporting requirement since they have elected not to receive any type of Lifeline support. (iii) Quarterly reporting requirements. Non-ETP certificated Lifeline providers shall report to the commission its Lifeline activity as required. Certificated non-ETPs shall use the Report of Lifeline Service Provided by Non-ETP's form located on the PUC website to provide this information. (iv) Other reporting requirements. Lifeline providers shall report any other information required by the commission or the TUSF administrator, including any information necessary to assess contributions to and disbursements from the TUSF. (v) ETPs shall file the following information with the administrator of the Federal Lifeline Program: (I) information demonstrating that the ETP's Lifeline Service plan meets the criteria set forth in 47 C.F.R. Subpart E (relating to Universal Service Support for Low-Income Consumers); (II) the number of qualifying low-income customers served by the ETP; (III) the amount of state assistance; and (IV) other information required by the administrator of the Federal Lifeline Program. (D) Notice Requirement. A Lifeline provider shall provide the following notices of Lifeline Service: (i) Notice of Lifeline Service in any directory it distributes to its customers advising customers of the availability of Lifeline Service. In any instance where the Lifeline provider provides bilingual (English and Spanish) information in its directory, the Lifeline provider must also provide its notice regarding Lifeline Service in a bilingual format; (ii) An annual bill message-advising customers of the availability of Lifeline Service. In any instance where the Lifeline provider provides bilingual (English and Spanish) information in its annual bill messages, the Lifeline provider must also provide its notice regarding Lifeline Service in a bilingual format. All Lifeline providers are required to file a copy of the annual bill message in the designated project at the commission; (iii) Inform all customers both orally and in writing of the existence of the Lifeline Service program when they request or initiate service or change service locations or providers. In any instance where the Lifeline provider provides bilingual (English and Spanish) information in its directory, the Lifeline provider must also provide its notice regarding Lifeline Service in a bilingual format; and (iv) Shall publicize the availability of Lifeline Service in a manner reasonably designed to reach those likely to qualify for the service. (E) Confidentiality agreements. Each Lifeline provider must execute a confidentiality agreement with the LIDA prior to receiving the LIDA's eligibility database. The agreement will specify that client information is released by the LIDA to the Lifeline provider for the sole purpose of providing Lifeline Service to eligible customers and that the information cannot be released by the Lifeline provider or be used by the Lifeline provider for any other purpose.", "sourceNote": "Source Note: The provisions of this §26.412 adopted to be effective April 8, 2007, 32 TexReg 1905; amended to be effective December 4, 2008, 33 TexReg 9687; amended to be effective July 8, 2012, 37 TexReg 5120; amended to be effective December 6, 2012, 37 TexReg 9626; amended to be effective November 25, 2013, 38 TexReg 8415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164569", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.413", "label": "Link Up for Tribal Lands" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215880", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and purpose. Through this section, the commission seeks to extend Link Up Service to all eligible residents of Tribal lands seeking telecommunications service from a telecommunications carrier that is receiving federal high-cost support on Tribal lands and define the responsibilities of participating telecommunications carriers and qualified customers.(b) Applicability. This section applies to designated eligible telecommunications carriers (ETCs) as defined by §26.418 of this title (relating to Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds) and designated eligible telecommunications providers (ETPs) as defined by §26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)) that are receiving federal high-cost support on Tribal lands as defined in 47 C.F.R. §54.400, collectively referred to in this section as participating telecommunications carriers.(c) Definitions.(1) Income--As defined in §26.412(c)(6) of this title (relating to Lifeline Service Program).(2) Eligible resident of Tribal lands--A \"qualifying low-income customer,\" as defined by §26.412(c)(1) of this title, living on Tribal lands, as defined in 47 C.F.R. §54.400.(d) Link Up for Tribal Lands. This is a program certified by the Federal Communications Commission (FCC), pursuant to 47 C.F.R. §54.413, that provides an eligible resident of Tribal lands with the following assistance:(1) Services.(A) An eligible resident of Tribal lands shall receive a reduction in the participating telecommunications carrier's customary charge for commencing telecommunications service for a primary single line connection at the customer's principal place of residence. The reduction shall be 100 percent of the customary charge or $100, whichever is less.(B) An eligible resident of Tribal lands may receive a deferred schedule for payment of the charges assessed for commencing service, for which the eligible resident of Tribal lands does not pay interest. Interest shall be waived for connection charges of up to $200 that are deferred for a period not to exceed one year. Charges assessed for commencing service include any charges that the carrier customarily assesses to connect subscribers to the network. These charges do not include any permissible security deposit requirements. Deferred payment of these charges will not be subject to late fees or additional service fees.(2) Eligible resident of Tribal lands choice. A qualifying eligible resident of Tribal lands is eligible for both of the services set forth in paragraph (1)(A) and (B) of this subsection.(3) Limitation on receipt. A participating telecommunications carrier's Link Up for Tribal lands shall allow an eligible resident of Tribal lands to receive the benefit of Link Up for Tribal lands on subsequent occasions only for a principal place of residence with an address different from the residence address at which the Link Up for Tribal lands was provided previously.(e) Obligations of the customer. Qualified eligible residents of Tribal lands who want Link Up for Tribal lands and do not have telephone service must initiate a request for service from a participating telecommunications carrier providing local service in their area.(f) Obligations of the participating telecommunications carrier. Participating telecommunications carriers shall provide Link Up for Tribal lands to all eligible residents of Tribal lands in accordance with this section.(1) Tariff requirement. Each participating telecommunications carrier shall file a tariff to implement Link Up for Tribal lands, or revise its existing tariff for compliance with this section and with applicable law.(2) Notice of Link Up for Tribal Lands. A participating telecommunications carrier shall publicize the availability of Link Up for Tribal lands in a manner reasonably designed to reach those likely to qualify for the service.(3) Confidentiality agreements. The confidentiality agreement executed by participating telecommunications carriers with HHSC for Lifeline Service also extends to Link Up Service.", "sourceNote": "Source Note: The provisions of this §26.413 adopted to be effective April 8, 2007, 32 TexReg 1905; amended to be effective November 25, 2013, 38 TexReg 8415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215880", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.414", "label": "Telecommunications Relay Service (TRS)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157704", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section are intended to establish a statewide telecommunications relay service for individuals who are hearing-impaired or speech-impaired using specialized telecommunications devices and operator translations. Telecommunications relay service must be provided on a statewide basis by one telecommunications carrier, except that the commission may contract with another vendor for a special feature in certain circumstances. Certain aspects of telecommunications relay service operations are applicable to local exchange companies and other telecommunications providers.(b) Provision of TRS. TRS must provide individuals who are hearing-impaired or speech-impaired with access to the telecommunications network in Texas equal to that provided to other customers.(1) Components of TRS. TRS must meet the mandatory minimum standards defined in §26.5 of this title (relating to Definitions) and must include the following:(A) switching and transmission of the call;(B) oral and print translations by either live or automated means between individuals who are hearing-impaired or speech-impaired who use specialized telecommunications devices and others who do not have such devices;(C) sufficient operators and facilities to meet the grade and quality of service standards established by the commission for TRS, including the operator answering performance standards listed in §26.54(c)(2)(A) and (D) of this title (relating to Service Objectives and Performance Benchmarks).(D) appropriate procedures for handling emergency calls;(E) confidentiality regarding existence and content of conversations;(F) the capability of providing sufficient information to allow calls to be accurately billed;(G) the capability of providing for technologies such as hearing carryover or voice carryover;(H) operator training to relay the contents of the call as accurately as possible without intervening in the communications;(I) operator training in American Sign Language and familiarity with the special communications needs of individuals who are hearing-impaired or speech-impaired;(J) the capability for callers to place calls through TRS from locations other than their primary location and to utilize alternate billing arrangements;(K) the capability of providing both inbound and outbound intrastate and interstate service;(L) the capability for carrier of choice; and(M) other service enhancements approved by the commission.(2) Conditions for interstate service. The TRS carrier must not be reimbursed from the Texas Universal Service Fund (TUSF) for the cost of providing interstate TRS. Interstate TRS must be funded through the interstate jurisdiction as mandated by the Federal Communications Commission. Separate funds and records must be maintained by the TRS carrier for intrastate TRS and interstate TRS.(3) Rates and charges. The following rates and charges apply to TRS:(A) Local calls. The calling and called parties must bear no charges for calls originating and terminating within the same toll-free local calling scope.(B) Intrastate long distance calls. The TRS carrier must discount its tariffed intrastate rates by 50% for TRS users.(C) Access charges. A telecommunication provider must not impose access charges on calls that make use of this service or on calls that originate and terminate within the same toll-free local calling scope.(D) Billing and collection services. Upon request by the TRS carrier, a telecommunications provider must provide billing and collection services in support of this service at just and reasonable rates.(c) Contract for the TRS carrier.(1) Selection. On or before April 1, 2000, the commission will issue a request for proposal and select a carrier to provide statewide TRS based on the following criteria: price, the interests of individuals who are hearing-impaired and speech-impaired in having access to a high quality and technologically advanced telecommunications system, and all other factors listed in the commission's request for proposals. The commission will consider each proposal in a manner that does not disclose the contents of the proposal to competing offerors. The commission's determination will include evaluations of charges for the service, service enhancements proposed by the offerors, and technological sophistication of the network proposed by the offerors. The commission will make a written award of the contract to the offeror whose proposal is the most advantageous to the state.(2) Contract administration.(A) Contract amendments. All recommendations for amendments to the contract must be filed with the executive director of the commission on June 1 of each year. The executive director is authorized to approve or deny all amendments to the contract between the TRS carrier and the commission, provided, however, that the commission specifically will approve any amendment that will increase the cost of TRS.(B) Reports. Each TRS carrier and telecommunications provider must submit reports of their activities relating to the provision of TRS upon request of the commission or the Relay Texas administrator.(C) Compensation. Each TRS carrier must be compensated by the TUSF for providing TRS at the rates, terms, and conditions established in its contract with the commission, subject to the following conditions:(i) Reimbursement must include the TRS costs that are not paid by the calling or the called party, except the TRS carrier must not be reimbursed for the 50% discount set forth in subsection (b)(3)(B) of this section.(ii) Reimbursement may include a return on the investment required to provide the service and the cost of unbillable and uncollectible calls placed through the service, provided that the cost of unbillable and uncollectible calls must be subject to a reasonable limitation as determined by the commission.(iii) The TRS carrier must submit a monthly report to the commission justifying its claims for reimbursement under the contract. Upon approval by the commission, the TUSF must make a disbursement in the approved amount.(d) Special features for TRS.(1) The commission may contract for a special feature for the state's telecommunications relay access service if the commission determines:(A) the feature will benefit the communication of persons with an impairment of hearing or speech;(B) installation of the feature will be of benefit to the state; and(C) the feature will make the relay access service available to a greater number of users.(2) If the carrier selected to provide the telecommunications relay access service is unable to provide the special feature at the best value to the state, the commission may make a written award of a contract for a different carrier to provide the special feature to the telecommunications carrier whose proposal is most advantageous to the state, considering;(A) factors stated in subsection (c)(1) of this section;(B) the past performance demonstrated capability and experience of the carrier.(3) The commission will consider each proposal in a manner that does not disclose the contents of the proposal to a telecommunications carrier making a competing proposal.(4) The commission's evaluation of a telecommunications carrier's proposal must include the considerations listed in subsection (c)(1) of this section.(e) Advisory Committee. The commission will appoint an Advisory Committee, to be known as the Relay Texas Advisory Committee (RTAC) to assist the commission in administering TRS and the specialized telecommunications assistance program, as specified by the Public Utility Regulatory Act (PURA) §56.111. The Relay Texas administrator must serve as a liaison between RTAC and the commission. The Relay Texas administrator must ensure that RTAC receives clerical and staff support, including a secretary or court reporter to document RTAC meetings.(1) Composition. The commission will appoint RTAC members based on recommended lists of candidates submitted by the organizations named as follows. RTAC must be composed of:(A) two persons with disabilities other than disabilities of hearing and speech that impair the ability to effectively access the telephone network;(B) one deaf person recommended by the Texas Deaf Caucus;(C) one deaf person recommended by the Texas Association of the Deaf;(D) one hearing-impaired person recommended by Self-Help for the Hard of Hearing;(E) one hearing-impaired person recommended by the American Association of Retired Persons;(F) one deaf and blind person recommended by the Texas Deaf or Blind Association;(G) one speech-impaired person and one speech-impaired and hearing-impaired person recommended by the Coalition of Texans with Disabilities;(H) two representatives of telecommunications utilities, one representing a local exchange company and one representing a telecommunications carrier other than a local exchange company, chosen from a list of candidates provided by the Texas Telephone Association;(I) two persons, at least one of whom is deaf, with experience in providing relay services, recommended by the Texas Commission for the Deaf; and(J) two public members recommended by organizations representing consumers of telecommunications services.(2) Conditions of membership. The term of office of each RTAC member must be two years. A member whose term has expired must continue to serve until a qualified replacement is appointed. In the event a member cannot complete his or her term, the commission will appoint a qualified replacement to serve the remainder of the term. RTAC members must serve without compensation but must be entitled to reimbursement at rates established for state employees for travel and per diem incurred in the performance of their official duties, provided such reimbursement is authorized by the Texas Legislature in the General Appropriations Act.(3) Responsibilities. The RTAC must undertake the following responsibilities:(A) monitor the establishment, administration, and promotion of the statewide TRS;(B) advise the commission regarding the pursuit of services that meet the needs of individuals who are hearing-impaired or speech-impaired in communicating with other users of telecommunications services;(C) advise the commission regarding issues related to the contract between the TRS carrier and the commission, including any proposed amendments to such contract;(D) advise the commission and the Texas Commission for the Deaf and Hard of Hearing, at the request of either commission, regarding issues related to the specialized telecommunications assistance program, including devices or services suitable to meet the needs of persons with disabilities in communicating with other users of telecommunications services.(4) Committee activities report. After each RTAC meeting, the Relay Texas administrator must prepare a report to the commission regarding RTAC activities and recommendations.(A) The Relay Texas administrator must file in Central Records under Project Number 13928, and provide to each commissioner, a report containing:(i) the minutes of the meeting;(ii) a memo summarizing the meeting; and(iii) a list of items, recommended by RTAC, for the Relay Texas administrator to discuss with the TRS carrier, including issues related to the provisioning of the service that do not require amendments to the contract.(B) Within 20 days after a report is filed, any commissioner may request that one or more items described in the report be placed on an agenda to be discussed during an open meeting of the commission. If no commissioner requests that the list be placed on an agenda for an open meeting, the report is deemed approved by the commission.(5) Evaluation of RTAC costs and effectiveness. The commission will evaluate the advisory committee annually. The evaluation will be conducted by an evaluation team appointed by the executive director of the commission. The commission liaison, RTAC members, and other commission employees who work directly or indirectly with RTAC, TRS, or the equipment distribution program are not eligible to serve on the evaluation team. The evaluation team will report to the commission in open meeting each August of its findings regarding:(A) the committee's work;(B) the committee's usefulness; and(C) the costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities.", "sourceNote": "Source Note: The provisions of this §26.414 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157704", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.415", "label": "Specialized Telecommunications Assistance Program (STAP)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215881", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section are intended to establish procedures for a specialized telecommunications assistance program and for reimbursement to vendors and service providers who submit vouchers issued under the program.(b) Program responsibilities.(1) Commission responsibilities. The commission is responsible for:(A) Adopting rules and procedures regarding the reimbursement to vendors for properly redeemed STAP vouchers;(B) Administering the TUSF to ensure adequate funding of the specialized telecommunications assistance program;(C) Appointing and providing administrative support for the Relay Texas Advisory Committee (RTAC), in accordance with the Public Utility Regulatory Act (PURA), §56.110 and §56.112 if funding is available; and(D) Resolving disputes regarding the amount or propriety of the payment for a device or service or whether the device or service is appropriate or adequate to meet the need of the person to whom the voucher was issued.(2) Vendor and service provider responsibilities. Vendors and service providers are responsible for adhering to the requirements set forth in this section and the commission's STAP procedures as posted on the commission's web site (www.puc.state.tx.us).(c) Program administration.(1) Vendor and service provider registration. A vendor or service provider who accepts STAP vouchers shall register with the commission and agree to comply with this section and the commission's STAP procedures as posted and periodically updated on the commission's web site. A vendor's or service provider's STAP registration shall include its name, contact person, address, telephone number, facsimile number (if available), and information sufficient to permit the commission's STAP administrator to reimburse the vendor or service provider by direct deposit rather than by check. If a vendor's or service provider's registration information is not complete or accurate, the STAP administrator shall notify the vendor or service provider, by certified mail, and the administrator of the Texas Universal Service Fund (TUSF) that the vendor or service provider is no longer eligible to receive voucher reimbursements under this program. The commission is not responsible if the vendor or service provider has not provided a correct mailing address for receipt of this notice. Reimbursements for vouchers that are otherwise eligible will be resumed after the vendor or service provider has completed and corrected its registration.(2) Vendor and service provider in good standing. A vendor or service provider that is suspended or barred from doing business with the State of Texas or with the federal government is not eligible to participate in the this program. If a vendor or service provider is registered under the STAP and becomes barred from doing business with the State of Texas or the federal government, the STAP administrator shall notify the vendor or service provider, by certified mail, and the TUSF administrator that the vendor or service provider is no longer eligible to receive voucher reimbursements under the STAP. The commission is not responsible if the vendor or service provider has not provided a correct mailing address for receipt of this notice. Reimbursements for vouchers that are otherwise eligible will be resumed if the vendor or service provider is returned to good standing with the State of Texas and federal government.(3) Vendor or service provider adherence to commission STAP procedures. Any vendor or service provider not in compliance with the commission's STAP procedures as posted on the commission's web site, within 30 days of the commission's posting of any new or amended procedures, is not eligible to receive voucher reimbursements under the STAP. The STAP administrator may permanently bar, or suspend for a specified period of time, any vendor or service provider that the STAP administrator identifies as having billed the STAP for devices or services not provided to eligible customers.(4) Vendor or service provider reimbursement. A vendor or service provider who exchanges a STAP voucher for the purchase of approved equipment or services in accordance with the requirements of the STAP may request reimbursement by the commission. If all reimbursement requirements are met, the STAP administrator shall approve reimburse to the vendor or service provider in an amount that is the lesser of: the face value of the STAP voucher, the actual retail price of the equipment or service as charged by the vendor or service provider to all STAP and non-STAP customers for the same equipment or service, or 125% of the manufacturer's suggested retail price for the device actually provided to the STAP customer as posted on the manufacturer's web site or provided by the manufacturer upon request.(A) TUSF disbursements shall be made only upon receipt from the vendor or service provider of:(i) The vendor's copy of the voucher signed by the vendor, or an authorized representative, in the space provided thereon. By signing the voucher, the vendor is certifying that the device or service has been delivered to the voucher recipient, and that the device was new when delivered and was not used or re-conditioned.(ii) The vendor's proof of delivery of the device or service to the voucher recipient. For proof of delivery, the vendor should seek the voucher recipient's signature on the voucher in the space provided thereon. If the vendor is unable to obtain the recipient's signature on the voucher, other evidence of delivery, such as a postal or private delivery service receipt, may be used for proof of delivery to the recipient. However, evidence of delivery to the voucher recipient must include the signature of the voucher recipient, the signature of the recipient's parent, guardian, spouse, or the signature of a person receiving the delivery at the delivery address who is at least 18 years of age.(iii) A receipt that contains a description of the device or service exchanged for the STAP voucher and the price charged to the customer for the device or service exchanged. The price charged to the customer for the device or service exchanged for the voucher cannot exceed the standard retail price charged by that vendor to all of its customers who purchase the same equipment or service.(B) TUSF disbursements may also be subject to such other limitations or conditions as determined by the commission to be just and reasonable, including investigation of whether the presentation of a STAP voucher represents a valid transaction for equipment or service under the STAP.(C) If a dispute arises as to whether the submitted documentation is sufficient to create a presumption of a valid STAP sales transaction, the commission will be the sole judge of the sufficiency of the documentation.(D) The TUSF administrator shall ensure that reimbursement to vendors for STAP vouchers shall be issued within 45 days after the STAP voucher and other documentation required under subparagraph (A) of this paragraph is received by the TUSF administrator.(E) The commission may delay payment of a voucher to a vendor or service provider if there is a dispute regarding the amount or propriety of the payment or whether the device or service is appropriate or adequate to meet the needs of the person to whom the DHHS issued the voucher until the dispute is resolved.(F) The commission shall process a voucher for payment no sooner than ten working days from the date the STAP customer received the device or service.(G) The vendor or service provider shall refund a reimbursement if the device is returned to the vendor within 30 days of receipt or if the service is not used by the STAP customer within 30 days of its availability.(H) A STAP vendor or service provider must submit voucher reimbursement requests, along with sufficient and accurate supporting documentation, by the deadline specified in the commission's STAP procedures. The deadline specified in the commission's STAP procedures shall be no later than 120 days after the exchange date on the voucher or on the proof of delivery. The STAP administrator shall not authorize reimbursement of any voucher if the voucher or its sufficient and accurate supporting documentation is submitted after the deadline specified in the commission's STAP procedures.(I) The commission may provide an alternative dispute resolution process for resolving a dispute regarding the equipment or service provided.(J) Any request for reimbursement pending on the effective date of this subparagraph shall be denied by the STAP administrator if the vendor fails to submit the requisite voucher or sufficient and accurate supporting documentation that is sufficient and accurate within 120 days after the effective date of this subparagraph.", "sourceNote": "Source Note: The provisions of this §26.415 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514; amended to be effective January 10, 2002, 27 TexReg 381; amended to be effective August 12, 2010, 35 TexReg 6825; amended to be effective February 15, 2012, 37 TexReg 677; amended to be effective August 1, 2012, 37 TexReg 5577." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215881", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.417", "label": "Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215882", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section provides the requirements for the commission to designate telecommunications providers as eligible telecommunications providers (ETPs) to receive funds from the Texas Universal Service Fund (TUSF) under §26.403 of this title (relating to the Texas High Cost Universal Service Plan (THCUSP)) and §26.404 of this title (relating to the Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan). Only telecommunications providers designated by the commission as ETPs qualify to receive universal service support under these programs.(b) Requirements for establishing ETP service areas.(1) THCUSP service area. A THCUSP service area is based upon wire centers (WCs) or other geographic area as determined appropriate by the commission. A telecommunications provider may be designated an ETP for any or all WCs that are wholly or partially contained within its certificated service area. An ETP must serve an entire WC, or other geographic area as determined appropriate by the commission, unless its certificated service area does not encompass the entire WC, or other geographic area as determined appropriate by the commission.(2) Small and Rural ILEC Universal Service Plan service area. A Small and Rural ILEC Universal Service Plan service area for an ETP serving in a small or rural ILEC's territory must include the entire study area of such small or rural ILEC.(c) Criteria for designation of ETPs.(1) Telecommunications providers. A telecommunications provider, as defined in the Public Utility Regulatory Act (PURA) §51.002(10), is eligible to receive TUSF support in accordance with §26.403 or §26.404 of this title in each service area for which it seeks ETP designation if it meets the following requirements:(A) the telecommunications provider has been designated an eligible telecommunications carrier, in accordance with §26.418 of this title (relating to the Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds), and provides the federally designated services to customers in order to receive federal universal service support;(B) the telecommunications provider defines its ETP service area in accordance with subsection (b) of this section and assumes the obligation to offer any customer within an exchange in its ETP service area for which the provider receives support under this section, basic local telecommunications services, as defined in §26.403 of this title, at a rate not to exceed 150% of the ILEC's tariffed rate;(C) the telecommunications provider offers basic local telecommunications services using either its own facilities, purchased unbundled network elements (UNEs), or a combination of its own facilities, purchased UNEs, or resale of another carrier's services;(D) the telecommunications provider renders continuous and adequate service within an exchange in its ETP service area for which the provider receives support under this section, in compliance with the quality of service standards defined in §26.52 of this title (relating to Emergency Operations), §26.53 of this title (relating to Inspections and Tests), and §26.54 of this title (relating to Service Objectives and Performance Benchmarks);(E) the telecommunications provider offers services in compliance with §26.412 of this title (relating to Lifeline Service Programs); and(F) the telecommunications provider advertises the availability of, and charges for, supported services using media of general distribution.(2) ILECs. If the telecommunications provider is an ILEC, as defined in PURA §51.002(10), it must be eligible to receive TUSF support in accordance with §26.403 of this title in each service area for which it seeks ETP designation if it meets the requirements of paragraph (1) of this subsection and the following requirements:(A) If the ILEC is regulated under Public Utility Regulatory Act (PURA) Chapter 58 or 59 it must either:(i) reduce rates for services determined appropriate by the commission to an amount equal to its THCUSP support amount; or(ii) provide a statement that it agrees to a reduction of its THCUSP support amount equal to its CCL, RIC and intraLATA toll revenues.(B) If the ILEC is not regulated under PURA Chapter 58 or 59 it must reduce its rates for services determined appropriate by the commission by an amount equal to its THCUSP support amount.(C) Any reductions in switched access service rates for ILECs with more than 125,000 access lines in service in this state on December 31, 1998, that are made in accordance with this section must be proportional, based on equivalent minutes of use, to reductions in intraLATA toll rates, and those reductions must be offset by equal disbursements from the universal service fund under PURA §56.021(1). This subparagraph expires August 31, 2007.(d) Designation of more than one ETP.(1) In areas not served by small or rural ILECs, as defined in §26.404(b) of this title, the commission may designate, upon application, more than one ETP in an ETP service area so long as each additional provider meets the requirements of subsection (c) of this section.(2) In areas served by small or rural ILECs as defined in §26.404(b) of this title, the commission may designate additional ETPs if the commission finds that the designation is in the public interest.(e) Proceedings to designate telecommunications providers as ETPs.(1) At any time, a telecommunications provider may seek commission approval to be designated an ETP for a requested service area.(2) To receive support under §26.403 or §26.404 of this title for exchanges purchased from an unaffiliated provider, the acquiring ETP must file an application, within 30 days after the date of the purchase, to amend its ETP service area to include those geographic areas in the purchased exchanges that are eligible for support.(3) If an ETP receiving support under §26.403 or §26.404 of this title sells an exchange to an unaffiliated provider, it must file an application, within 30 days after the date of the sale, to amend its ETP designation to exclude those exchanges for which it was receiving support from its designated service area.(f) Requirements for application for ETP designation and commission processing of application.(1) Requirements for notice and contents of application for ETP designation.(A) Notice of application. Notice must be published in the Texas Register. The presiding officer may require additional notice. Unless otherwise required by the presiding officer or by law, the notice must include at a minimum a description of the service area for which the applicant seeks designation, the proposed effective date of the designation, and the following language: \"Persons who wish to comment on this application should notify the Public Utility Commission by (specified date, ten days before the proposed effective date). Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the PUCT Consumer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at (800) 735-2989.\"(B) Contents of application. A telecommunications provider seeking to be designated as an ETP for a high cost service area in this state must file with the commission an application complying with the requirements of this section. A copy of the application must be delivered to the Office of Public Utility Counsel.(i) Telecommunications providers. The application must:(I) show that the applicant is a telecommunications provider as defined in PURA §51.002(10);(II) show that the applicant has been designated by the commission as a telecommunications provider eligible for federal universal service support and show that the applicant offers federally supported services to customers under the terms of 47 United States Code §214(e) (relating to Provision of Universal Service) in order to receive federal universal service support;(III) specify the THCUSP or small and rural ILEC service area in which the applicant proposes to be an ETP, show that the applicant offers each of the designated services, as defined in §26.403 of this title, throughout the THCUSP or small and rural ILEC service area for which it seeks an ETP designation, and show that the applicant assumes the obligation to offer the services, as defined in §26.403 of this title, to any customer in the THCUSP or small and rural ILEC service area for which it seeks ETP designation;(IV) show that the applicant does not offer the designated services, as defined in §26.403 of this title, solely through total service resale;(V) show that the applicant renders continuous and adequate service within the area or areas, for which it seeks designation as an ETP, in compliance with the quality of service standards defined in §§26.52, 26.53, and 26.54 of this title;(VI) show that the applicant offers Lifeline and Link Up services in compliance with §26.412 of this title;(VII) show that the applicant advertises the availability of and charges for designated services, as defined in §26.403 of this title, using media of general distribution;(VIII) provide a statement detailing the method and content of the notice the applicant has provided or intends to provide to the public regarding the application and a brief statement explaining why the notice proposal is reasonable and that the notice proposal complies with applicable law;(IX) provide a copy of the text of the notice;(X) state the proposed effective date of the designation; and(XI) provide any other information which the applicant wants considered in connection with the commission's review of its application.(ii) ILECs. If the applicant is an ILEC, in addition to the requirements of clause (i) of this subparagraph, the application must show compliance with the requirements of subsection (c)(2) of this section.(2) Commission processing of application.(A) Administrative review. An application considered under this section is eligible for administrative review unless the telecommunications provider requests the application be docketed or the presiding officer, for good cause, determines at any point during the review that the application should be docketed.(i) The effective date of the ETP designation must be no earlier than 30 days after the filing date of the application or 30 days after notice is completed, whichever is later.(ii) The application will be reviewed for sufficiency. If the presiding officer concludes that material deficiencies exist in the application, the applicant will be notified within ten working days of the filing date of the specific deficiency in its application. The earliest possible effective date of the application will be no less than 30 days after the filing of a sufficient application with substantially complete information as required by the presiding officer. Thereafter, any deadlines will be determined 30 days from the day after the filing of the sufficient application and information or from the effective date if the presiding officer extends that date.(iii) While the application is under administrative review, commission staff and OPUC may submit requests for information to the applicant. Answers to such requests for information must be provided to commission staff and OPUC within ten days after receipt of the request by the applicant.(iv) No later than 20 days after the filing date of the application or the completion of notice, whichever is later, interested persons may provide written comments or recommendations concerning the application to the commission staff. Commission staff must and OPUC may file with the presiding officer written comments or recommendations regarding the application.(v) No later than 35 days after the proposed effective date of the application, the presiding officer will issue an order approving, denying, or docketing the application.(B) Approval or denial of application. The application will be approved by the presiding officer if it meets the following requirements.(i) The provision of service constitutes basic local telecommunications service as defined in §26.403 of this title.(ii) Notice was provided as required by this section.(iii) The applicant has met the requirements contained in subsection (c) of this section.(iv) The ETP designation is consistent with the public interest in a technologically advanced telecommunications system and consistent with the preservation of universal service.(C) Docketing. If, based on the administrative review, the presiding officer determines that one or more of the requirements have not been met, the presiding officer will docket the application. The requirements of subsection (c) of this section may not be waived.(D) Review of the application after docketing. If the application is docketed, the effective date of the application will be automatically suspended to a date 120 days after the applicant has filed all of its direct testimony and exhibits, or 155 days after the proposed effective date, whichever is later. Answers to requests for information must be filed with the commission within ten days after receipt of the request. Affected persons may move to intervene in the docket, and a hearing on the merits will be scheduled. A hearing on the merits will be limited to issues of eligibility. The application will be processed in accordance with the commission's rules applicable to docketed cases.(g) Relinquishment of ETP designation. A telecommunications provider may seek to relinquish its ETP designation.(1) Area served by more than one ETP. The commission will permit a telecommunications provider to relinquish its ETP designation in any area served by more than one ETP upon:(A) written notification not less than 90 days prior to the proposed effective date of the relinquishment;(B) determination by the commission that the remaining ETP or ETPs can provide basic local service to the relinquishing telecommunications provider's customers; and(C) determination by the commission that sufficient notice of relinquishment has been provided to permit the purchase or construction of adequate facilities by any remaining ETP or ETPs.(2) Area where the relinquishing telecommunications provider is the sole ETP. In areas where the relinquishing telecommunications provider is the only ETP, the commission may permit it to relinquish its ETP designation upon:(A) written notification that the telecommunications provider seeks to relinquish its ETP designation; and(B) commission designation of a new ETP for the service area or areas through the auction procedure provided in subsection (h) of this section.(3) Relinquishment for non-compliance. The TUSF administrator must notify the commission when the TUSF administrator is aware that an ETP is not in compliance with the requirements of subsection (c) of this section.(A) The commission will revoke the ETP designation of any telecommunications provider determined not to be in compliance with subsection (c) of this section.(B) The commission may revoke a portion of the ETP designation of any telecommunications provider determined not to be in compliance with the quality of service standards defined in §§26.52, 26.53, and 26.54 of this title, in that portion of its ETP service area.(h) Auction procedure for replacing the sole ETP in an area. In areas where a telecommunications provider is the sole ETP and seeks to relinquish its ETP designation, the commission will initiate an auction procedure to designate another ETP. The auction procedure will use a competitive, sealed bid, single-round process to select a telecommunications provider meeting the requirements of subsection (f)(1) of this section that will provide basic local telecommunications service at the lowest cost.(1) Announcement of auction. Within 30 days of receiving a request from the last ETP in a service area to relinquish its designation, the commission will provide notice in the Texas Register of the auction. The announcement must at minimum detail the geographic location of the service area, the total number of access lines served, the forward-looking economic cost computed in accordance with §26.403 of this title, of providing basic local telecommunications service and the other services included in the benchmark calculation, existing tariffed rates, bidding deadlines, and bidding procedure.(2) Bidding procedure. Bids must be received by the TUSF administrator not later than 60 days from the date of publication in the Texas Register.(A) Every bid must contain:(i) the level of assistance per line that the bidder would need to provide all services supported by universal service mechanisms;(ii) information to substantiate that the bidder meets the eligibility requirements in subsection (c)(1) of this section; and(iii) information to substantiate that the bidder has the ability to serve the relinquishing ETP's customers.(B) The TUSF administrator must collect all bids and within 30 days of the close of the bidding period request that the commission approve the TUSF administrator's selection of the successful bidder.(C) The commission may designate the lowest qualified bidder as the ETP for the affected service area or areas.(i) Requirements for annual affidavit of compliance to receive TUSF support. An ETP serving a rural or non-rural study area must comply with the following requirements for annual compliance for the receipt of TUSF support.(1) Annual Affidavit of Compliance. On or before September 1 of each year, an ETP that receives disbursements from the TUSF must file with the commission an affidavit certifying that the ETP is in compliance with the requirements for receiving money from the universal service fund and requirements regarding the use of money from each TUSF program from which the telecommunications provider receives disbursements.(2) Filing Affidavit. The affidavit used must be the annual compliance affidavit approved by the commission.", "sourceNote": "Source Note: The provisions of this §26.417 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514; amended to be effective October 4, 2001, 26 TexReg 7530; amended to be effective March 7, 2002, 27 TexReg 1729; amended to be effective July 2, 2006, 31 TexReg 5283; amended to be effective November 19, 2006, 31 TexReg 9285; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215882", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.418", "label": "Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215883", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section provides the requirements for the commission to designate common carriers as eligible telecommunications carriers (ETCs) to receive support from the federal universal service fund (FUSF) in accordance with 47 United States Code (U.S.C.) §214(e) (relating to Provision of Universal Service). In addition, this section provides guidelines for rural and non-rural carriers to meet the federal requirements of annual certification for FUSF support criteria and, if requested or ordered, for the disaggregation of rural carriers' FUSF support.(b) Application. This section applies to a common carrier seeking designation as an ETC, except for commercial mobile radio service (CMRS) resellers. A CMRS reseller may not seek designation from the commission, but instead may seek designation as an ETC by the Federal Communications Commission (FCC). This section also applies to a common carrier that has been designated by the commission as an ETC, including a CMRS reseller. Subsection (i) of this section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154.(c) Service areas. The commission may designate ETC service areas according to the following criteria.(1) Non-rural service area. To be eligible to receive federal universal service support in non-rural areas, a carrier must provide federally supported services in accordance with 47 Code of Federal Regulations (C.F.R.) §54.101 (relating to Supported Services for Rural, Insular, and High Cost Areas) throughout the area for which the carrier seeks to be designated an ETC.(2) Rural service area. In the case of areas served by a rural telephone company, as defined in §26.404 of this title (relating to Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan), a carrier must provide federally supported services in accordance with 47 C.F.R. §54.101 throughout the study area of the rural telephone company in order to be eligible to receive federal universal service support.(d) Criteria for determination of ETCs. A common carrier must be designated as eligible to receive federal universal service support if it:(1) offers the services that are supported by the federal universal service support mechanisms under 47 C.F.R. §54.101 either using its own facilities or a combination of its own facilities and resale of another carrier's services; and(2) advertises the availability of and charges for such services using media of general distribution.(e) Criteria for determination of receipt of federal universal service support. In order to receive federal universal service support, a common carrier must:(1) meet the requirements of subsection (d) of this section;(2) offer Lifeline Service to qualifying low-income consumers in compliance with 47 C.F.R. Part 54, Subpart E (relating to Universal Service Support for Low-Income Consumers); and(3) offer toll limitation services in accordance with 47 C.F.R. §54.400 (relating to Terms and Definitions) and §54.401 (relating to Lifeline Defined).(f) Designation of more than one ETC.(1) Non-rural service areas. In areas not served by rural telephone companies, as defined in §26.404 of this title, the commission will designate, upon application, more than one ETC in a service area so long as each additional carrier meets the requirements of subsection (c)(1) and (d) of this section.(2) Rural service areas. In areas served by rural telephone companies, as defined in §26.404 of this title, the commission may designate as an ETC a carrier that meets the requirements of subsection (c)(2) and (d) of this section if the commission finds that the designation is in the public interest.(g) Proceedings to designate ETCs.(1) At any time, a common carrier may seek commission approval to be designated an ETC for a requested service area.(2) To receive support under this section for exchanges purchased from an unaffiliated carrier, the acquiring ETC must file an application, within 30 days after the date of the purchase, to amend its ETC service area to include those geographic areas that are eligible for support.(3) If an ETC receiving support under this section sells an exchange to an unaffiliated carrier, it must file an application, within 30 days after the date of the sale, to amend its ETC designation to exclude from its designated service area those exchanges for which it was receiving support.(h) Application requirements and commission processing of applications.(1) Requirements for notice and contents of application.(A) Notice of application. Notice must be published in the Texas Register. The presiding officer may require additional notice. Unless otherwise required by the presiding officer or by law, the notice must include at a minimum a description of the service area for which the applicant seeks eligibility, the proposed effective date of the designation, and the following statement: \"Persons who wish to comment on this application should notify the Public Utility Commission of Texas by (specified date, ten days before the proposed effective date). Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the PUCT Consumer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at (800) 735-2989.\"(B) Contents of application for each common carrier seeking ETC designation. A common carrier that seeks to be designated as an ETC must file with the commission an application complying with the requirements of this section. A copy of the application must be delivered to the Office of Public Utility Counsel (OPUC). The application must:(i) show that the applicant offers each of the services that are supported by the FUSF support mechanisms under 47 U.S.C. §254(c) (relating to Universal Service) either using its own facilities or a combination of its own facilities and resale of another carrier's services throughout the service area for which it seeks designation as an ETC;(ii) show that the applicant assumes the obligation to offer each of the services that are supported by the FUSF support mechanisms under 47 U.S.C. §254(c) to any consumer in the service area for which it seeks designation as an ETC;(iii) show that the applicant advertises the availability of, and charges for, such services using media of general distribution;(iv) show the service area in which the applicant seeks designation as an ETC;(v) contain a statement detailing the method and content of the notice the applicant has provided or intends to provide to the public regarding the application and a brief statement explaining why the proposed notice is reasonable and in compliance with applicable law;(vi) contain a copy of the text of the notice;(vii) contain the proposed effective date of the designation; and(viii) contain any other information which the applicant wants considered in connection with the commission's review of its application.(C) Contents of application for each common carrier seeking ETC designation and receipt of federal universal service support. A common carrier that seeks to be designated as an ETC and receive federal universal service support must file with the commission an application complying with the requirements of this section. A copy of the application must be delivered to the Office of Public Utility Counsel. The application must:(i) comply with the requirements of subparagraph (B) of this paragraph;(ii) show that the applicant offers Lifeline Service to qualifying low-income consumers in compliance with 47 C.F.R. Part 54, Subpart E; and(iii) show that the applicant offers toll limitation services in accordance with 47 C.F.R. §54.400 and §54.401.(2) Commission processing of application.(A) Administrative review. An application considered under this section is eligible for administrative review unless the presiding officer, for good cause, determines at any point during the review that the application should be docketed.(i) The effective date will be no earlier than 30 days after the filing date of the application or 30 days after notice is completed, whichever is later.(ii) The application will be reviewed for sufficiency. If the presiding officer concludes that material deficiencies exist in the application, the applicant will be notified within ten working days of the filing date of the specific deficiency in its application. The earliest possible effective date of the application will be no less than 30 days after the filing of a sufficient application with substantially complete information as required by the presiding officer. Thereafter, any deadlines will be determined 30 days from the day after the filing of the sufficient application and information or from the effective date if the presiding officer extends that date.(iii) While the application is under administrative review commission staff and the staff of OPUC may submit requests for information to the telecommunications carrier. Three copies of all answers to such requests for information must be provided to commission staff and OPUC within ten days after receipt of the request by the telecommunications carrier.(iv) No later than 20 days after the filing date of the application or the completion of notice, whichever is later, interested persons may provide commission staff with written comments or recommendations concerning the application. Commission staff must and OPUC may file with the presiding officer written comments or recommendations regarding the application.(v) No later than 35 days after the proposed effective date of the application, the presiding officer will issue an order approving, denying, or docketing the application.(B) Approval or denial of application.(i) An application filed in accordance with paragraph (1)(B) of this subsection will be approved by the presiding officer if the application meets the following requirements:(I) the provision of service constitutes the services that are supported by the FUSF support mechanisms under 47 U.S.C. §254(c);(II) the applicant will provide service using either its own facilities or a combination of its own facilities and resale of another carrier's services;(III) the applicant advertises the availability of, and charges for, such services using media of general distribution;(IV) notice was provided as required by this section;(V) the applicant satisfies the requirements contained in subsection (c) of this section; and(VI) if, in areas served by a rural telephone company, the ETC designation is consistent with the public interest.(ii) An application filed in accordance with paragraph (1)(C) of this subsection will be approved by the presiding officer if the application meets the following requirements:(I) the applicant has satisfied the requirements set forth in clause (i) of this subparagraph;(II) the applicant offers Lifeline Service to qualifying low-income consumers in compliance with 47 C.F.R. Part 54, Subpart E; and(III) the applicant offers toll limitation services in accordance with 47 C.F.R. §54.400 and §54.401.(C) Docketing. If, based on the administrative review, the presiding officer determines that one or more of the requirements have not been met, the presiding officer will docket the application.(D) Review of the application after docketing. If the application is docketed, the effective date of the application will be automatically suspended to a date 120 days after the applicant has filed all of its direct testimony and exhibits, or 155 days after the proposed effective date, whichever is later. Three copies of all answers to requests for information must be filed with the commission within ten days after receipt of the request. Affected persons may move to intervene in the docket, and a hearing on the merits will be scheduled. A hearing on the merits will be limited to issues of eligibility. The application will be processed in accordance with the commission's rules applicable to docketed cases.(E) Waiver. In the event that an otherwise ETC requests additional time to complete the network upgrades needed to provide single-party service, access to enhanced 911 service, or toll limitation, the commission may grant a waiver of these service requirements upon a finding that exceptional circumstances prevent the carrier from providing single-party service, access to enhanced 911 service, or toll limitation. The period for the waiver must not extend beyond the time that the commission deems necessary for that carrier to complete network upgrades to provide single-party service, access to enhanced 911 service, or toll limitation services.(i) Designation of ETC for unserved areas. If no common carrier will provide the services that are supported by federal universal service support mechanisms under 47 U.S.C. §254(c) to an unserved community or any portion thereof that requests such service, the commission, with respect to intrastate services, will determine which common carrier or carriers are best able to provide such service to the requesting unserved community or portion thereof and will order such carrier or carriers to provide such service for that unserved community or portion thereof.(j) Relinquishment of ETC designation. A common carrier may seek to relinquish its ETC designation.(1) Area served by more than one ETC. The commission will permit a common carrier to relinquish its designation as an ETC in any area served by more than one ETC upon:(A) written notification not less than 90 days prior to the proposed effective date that the common carrier seeks to relinquish its designation as an ETC;(B) determination by the commission that the remaining eligible telecommunications carrier or carriers can offer federally supported services to the relinquishing carrier's customers; and(C) determination by the commission that sufficient notice of relinquishment has been provided to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier or carriers.(2) Area where the common carrier is the sole ETC. In areas where the common carrier is the only ETC, the commission may permit it to relinquish its ETC designation upon:(A) written notification not less than 90 days prior to the proposed effective date that the common carrier seeks to relinquish its designation as an ETC; and(B) commission designation of a new ETC for the service area or areas.(k) Rural and non-rural carriers' requirements for annual certification to receive FUSF support. A common carrier serving a rural or non-rural study area must comply with the following requirements for annual certification for the receipt of FUSF support.(1) Annual certification. Common carriers must provide the commission with an affidavit annually, on or before September 1 of each year, which certifies that the carrier is complying with the federal requirements for the receipt of FUSF support. Upon receipt and acceptance of the affidavits filed on or before September 1 each year, the commission will certify these carriers' eligibility for FUSF to the FCC and the Federal Universal Service Fund Administrator by October 1 of each year.(2) Failure to file. Common carriers failing to file an affidavit by September 1 may still be certified by the commission for annual FUSF. However, the carrier is ineligible for support until the quarter following the federal universal service administrator's receipt of the commission's supplemental submission of the carrier's compliance with the federal requirements.(3) Supplemental certification. For carriers not subject to the annual certification process, the schedule set forth in 47 C.F.R. §54.313 and 47 C.F.R. §54.314(d) for the filing of supplemental certifications applies.(4) Recommendation for Revocation of FUSF support certification. The commission may recommend the revocation of the FUSF support certification of any carrier that it determines has not complied with the federal requirements in accordance with 47 U.S.C. §254(e) and will review any challenge to a carrier's FUSF support certification and make an appropriate recommendation as a result of any such review.(l) Disaggregation of rural carriers' FUSF support. Common carriers serving rural study areas must comply with the following requirements regarding disaggregation of FUSF support.(1) Abstain from filing. If a rural ILEC abstains from filing an election on or before May 15, 2002, the carrier is prohibited from disaggregating its FUSF support unless it is ordered to do so by the commission in accordance with the terms of paragraph (5) of this subsection.(A) a rural ILEC may choose to certify to the commission that it will not disaggregate at this time;(B) a rural ILEC may seek disaggregation of its FUSF support by filing a targeted plan with the commission that meets the criteria in paragraph (3) of this subsection, subject to the commission's approval of the plan;(C) a rural ILEC may self-certify a disaggregation targeted plan that meets the criteria in paragraphs (3) and (4) of this subsection, disaggregate support to the wire center level or up to no more than two cost zones, or mirror a plan for disaggregation that has received prior commission approval; or(D) if the rural ILEC serves a study area that is served by another carrier designated as an ETC prior to the effective date of 47 C.F.R. §54.315, (June 19, 2001), the ILEC may only self-certify the disaggregation of its FUSF support by adopting a plan for disaggregation that has received prior commission approval.(2) Abstain from filing. If a rural ILEC abstains from filing an election on or before May 15, 2002, the carrier is prohibited from disaggregating its FUSF support unless it is ordered to do so by the commission in accordance with the terms of paragraph (5) of this subsection.(3) Requirements for rural ILECs' disaggregation plans. In accordance with federal requirements, a rural ILEC's disaggregation plan, whether submitted in accordance with paragraph (1)(B), (C) or (D) of this subsection, must meet the following requirements:(A) the sum of the disaggregated annual support must be equal to the study area's total annual FUSF support amount without disaggregation;(B) the ratio of the per line FUSF support between disaggregation zones for each disaggregated category of FUSF support must remain fixed over time, except as changes are required in accordance with paragraph (5) of this subsection;(C) the ratio of per line FUSF support must be publicly available;(D) the per line FUSF support amount for each disaggregated zone or wire center must be recalculated whenever the rural ILEC's total annual FUSF support amount changes and revised total per line FUSF support and updated access line counts must then be applied using the changed FUSF support amount and updated access line counts applicable at that point;(E) each support category complies with subparagraphs (A) and (B) of this paragraph;(F) monthly payments of FUSF support must be based upon the annual amount of FUSF support divided by 12 months if the rural ILEC's study area does not contain a competitive carrier designated as an ETC; and(G) a rural ILEC's disaggregation plan methodology and the underlying access line count upon which it is based will apply to any competitive carrier designated as an ETC in the study area.(4) Additional requirements for self-certification of a disaggregation plan. In accordance with federal requirements, a rural ILEC's self-certified disaggregation plan must also include the following items in addition to those items required by paragraph (3) of this subsection:(A) support for, and a description of, the rationale used, including methods and data relied upon, as well as a discussion of how the plan meets the requirements in paragraph (3) of this subsection and this paragraph;(B) a reasonable relationship between the cost of providing service for each disaggregation zone within each disaggregation category of support proposed;(C) a clearly specified per-line level of FUSF support for each category;(D) if the plan uses a benchmark, a detailed explanation of the benchmark and how it was determined that the benchmark is generally consistent with how the level of support for each category of costs was derived so that competitive ETCs may compare the disaggregated costs for each cost zone proposed; and(E) maps identifying the boundaries of the disaggregated zones within the study area.(5) Disaggregation upon commission order. The commission on its own motion or upon the motion of an interested party may order a rural ILEC to disaggregate FUSF support under the following criteria:(A) the commission determines that the public interest of the rural study area is best served by disaggregation of the rural ILEC's FUSF support;(B) the commission establishes the appropriate disaggregated level of FUSF support for the rural ILEC; or(C) changes in ownership or changes in state or federal regulation warrant the commission's action.(6) Effective dates of disaggregation plans. The effective date of a rural ILEC's disaggregation plan must be as specified by federal law.", "sourceNote": "Source Note: The provisions of this §26.418 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514; amended to be effective April 9, 2002, 27 TexReg 2817; amended to be effective December 6, 2012, 37 TexReg 9634; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215883", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.419", "label": "Telecommunication Resale Providers Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF) for Lifeline Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186313", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and Purpose. This section provides the requirements for the commission to designate certificated providers of local exchange telephone service that provide this service solely through the resale of an incumbent local exchange carrier's (ILEC) services as an eligible telecommunications provider (ETP) for the specific purpose of receiving funds for Lifeline Service from the Texas Universal Service Fund (TUSF) under §26.412 of this title (relating to the Lifeline Service Program). Only resale ETPs as defined by §26.412(b)(2) of this title must qualify to receive universal service support under this program.(b) Requirements for establishing ETP service areas.(1) Texas High Cost Universal Service Plan (THCUSP) service area. A THCUSP service area must be based upon wire centers (WCs) or other geographic area as determined appropriate by the commission. A telecommunications provider may be designated an ETP for any or all WCs contained within its certificated service area. An ETP must serve an entire WC or other geographic area as determined appropriate by the commission.(2) Small and Rural ILEC Universal Service Plan (SRIUSP) service area. A SRIUSP service area for an ETP serving in a small or rural ILEC's territory must include the entire study area of such small or rural ILEC.(c) Criteria for designation of ETPs. A resale ETP as defined by §26.412(b)(2) of this title must be eligible to receive TUSF support in accordance with§26.412 of this title for Lifeline Service only in each service area of a large company (THCUSP) or the study area of a small company (SRIUSP) for which it seeks ETP designation if it meets the following requirements:(1) the Resale ETP defines its ETP service area in accordance with subsection (b) of this section and assumes the obligation to offer service to any customer in its ETP service area;(2) offers Lifeline Services as provided by 47 C.F.R. Part 54, Subpart E; and(3) advertises the availability of, and the charges for, supported services using media of general distribution.(d) Requirements for application for Resale ETP designation and commission processing of application.(1) Requirements for notice and contents of application for Resale ETP designation.(A) Notice of application. Notice must be published in the Texas Register. The presiding officer may require additional notice. Unless otherwise required by the presiding officer or by law, the notice must include at a minimum a description of the service area for which the applicant seeks designation, the proposed effective date of the designation, and the following language: \"Persons who wish to comment on this application should notify the Public Utility Commission by (specified date, ten days before the proposed effective date). Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the PUCT Consumer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals may contact the commission through Relay Texas at (800) 735-2989 .\"(B) Contents of application. A certificated provider of local exchange telephone service seeking to be designated as a resale ETP must file with the commission an application complying with the requirements of this section. A copy of the application must be delivered to the Office of Public Utility Counsel (OPUC). The application must:(i) demonstrate that the applicant is a certificated provider of local exchange telephone service that resells basic local telecommunication services, as defined in §26.403 of this title (relating to Texas High Cost Universal Service Plan (THCUSP));(ii) demonstrate that the applicant assumes the obligation to offer Lifeline Services, as defined in §26.412 of this title, to any customer in its certificated service area;(iii) demonstrate that the applicant will advertise the availability of and the charges for designated services, as defined in §26.403 of this title, using media of general distribution;(iv) contain a statement detailing the content of the notice the applicant proposes for publication in the Texas Register regarding the application as well as a brief statement explaining why the proposed notice is reasonable and that it complies with applicable law;(v) provide a copy of the text of the notice;(vi) state the proposed effective date of the designation; and(vii) provide any other information the applicant wants considered in connection with the commission's review of its application.(2) Commission processing of application.(A) Administrative review. An application considered under this section is eligible for administrative review unless the certificated provider of local exchange telephone service requests the application be docketed or the presiding officer, for good cause, determines at any point during the review that the application should be docketed.(i) The effective date of the Resale ETP designation must be no earlier than 30 days after notice is published in the Texas Register.(ii) The application will be reviewed for sufficiency. If the presiding officer concludes that material deficiencies exist in the application, the applicant will be notified within ten working days of the filing date of the specific deficiency in its application. The earliest possible effective date of the application will be no earlier than 30 days after notice is published in the Texas Register.(iii) While the application is being administratively reviewed, commission staff and OPUC may submit requests for information to the applicant. Three copies of all answers to such requests for information must be provided to commission staff and OPUC within ten days after receipt of the request by the applicant.(iv) No later than 20 days after the completion of notice, interested persons may provide written comments or recommendations concerning the application to the commission staff. Commission staff must and OPUC may file with the presiding officer written comments or recommendations regarding the application.(v) No later than 35 days after the proposed effective date of the application, the presiding officer must issue an order approving, denying, or docketing the application.(B) Approval of application. The application will be approved by the presiding officer if it meets all the following requirements:(i) The provision of service constitutes basic local telecommunications service as defined in §26.403 of this title and Lifeline Service as defined in §26.412 of this title.(ii) Notice was provided as required by this section.(iii) The applicant has met the requirements contained in this subsection.(iv) The ETP designation is consistent with the public interest in a technologically advanced telecommunications system and consistent with the preservation of universal service.(C) Docketing. If, based on the administrative review, the presiding officer determines that one or more of the requirements has not been met, the presiding officer will docket the application. The requirements of this subsection may not be waived.(D) Review of the application after docketing. If the application is docketed, the effective date of the application will be automatically suspended until an order is issued in the proceeding granting the application. Three copies of all answers to requests for information must be filed with the commission within ten days after receipt of the request. Affected persons may move to intervene in the docket, and a hearing on the merits will be scheduled. A hearing on the merits will be limited to issues of eligibility. The application will be processed in accordance with the commission's rules applicable to docketed cases.(e) Relinquishment of ETP designation. A certificated provider of local exchange telephone service may seek to relinquish its ETP designation. The relinquishment of an ETP designation does not relieve the certificated provider from its obligation to provide Lifeline Service.(f) Relinquishment for non-compliance. The TUSF administrator must notify the commission when the TUSF administrator is aware that a resale ETP is not in compliance with the requirements of subsection (c) of this section. The commission will revoke the ETP designation of any resale ETP determined not to be in compliance with subsection (c) of this section.(g) Requirements for annual affidavit of compliance to receive TUSF support. A resale ETP serving a rural or non-rural study area must comply with the following requirements for annual compliance for the receipt of TUSF support for Lifeline Services:(1) Annual Affidavit of Compliance. On or before September 1 of each year, a resale ETP that receives disbursements from the TUSF must file with the commission an affidavit certifying that the ETP is in compliance with the requirements for receiving money from the universal service fund and requirements regarding the use of money from each TUSF program from which the telecommunications provider receives disbursements.(2) Filing Affidavit. The affidavit used must be the annual compliance affidavit approved by the commission.", "sourceNote": "Source Note: The provisions of this §26.419 adopted to be effective April 8, 2007, 32 TexReg 1905; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186313", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.420", "label": "Administration of Texas Universal Service Fund (TUSF)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166777", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section establish the administration of the Texas Universal Service Fund (TUSF).(b) Programs included in the TUSF.(1) Section 26.403 of this title (relating to the Texas High Cost Universal Service Plan (THCUSP));(2) Section 26.404 of this title (relating to the Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan);(3) Section 26.406 of this title (relating to the Implementation of the Public Utility Regulatory Act §56.025);(4) Section 26.408 of this title (relating to Additional Financial Assistance (AFA));(5) Section 26.410 of this title (relating to Universal Service Fund Reimbursement for Certain IntraLATA Service);(6) Section 26.412 of this title (relating to Lifeline Service Program);(7) Section 26.414 of this title (relating to Telecommunications Relay Service (TRS));(8) Section 26.415 of this title (relating to Specialized Telecommunications Assistance Program (STAP));(9) Section 26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF));(10) Section 26.418 of this title (relating to Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds);(11) Section 26.420 of this title (relating to Administration of Texas Universal Service Fund (TUSF));(12) Section 26.421 of this title (relating to Designation of Eligible Telecommunications Providers to Provide Service to Uncertificated Areas);(13) Section 26.422 of this title (relating to Subsequent petitions for Service to Uncertificated Areas);(14) Section 26.423 of this title (relating to High Cost Universal Service Plan for Uncertificated Areas Where an Eligible Telecommunications Provider Volunteers to Provide Basic Local Telecommunications Service); and(15) Section 26.424 of this title (relating to Audio Newspaper Assistance Program).(c) Responsibilities of the commission. The commission is the official governing agency for the TUSF, but may delegate the ministerial functions of TUSF administration to another entity (the TUSF administrator) through contractual agreement.(1) Monitoring, and supervising TUSF administration. The commission reserves the exclusive power to revise rules related to the operation and administration of the TUSF and to monitor and supervise such operation and administration.(2) Annual audit. The commission annually shall provide for an audit of the TUSF by an independent auditor. The costs of the audit are costs of the commission that are incurred in administering the TUSF, and therefore shall be reimbursed from the TUSF.(3) Inquiry into administration of the TUSF. The commission may, upon its own motion, upon the petition of the commission staff or the Office of Public Utility Counsel, initiate an inquiry into any aspect of the administration of the TUSF. Any other party may initiate a complaint proceeding pursuant to the commission's procedural rules.(4) Selection of the TUSF administrator.(A) The commission shall have the sole discretion in the selection of the TUSF administrator. The selection of the TUSF administrator shall be based on a competitive bidding process.(B) The TUSF administrator must meet the technical qualifications as provided in subsection (d)(1) of this section as well as other requirements as determined by the commission.(5) Contract term of the TUSF administrator. The commission shall determine the duration of the TUSF administrator's contract. Prior to expiration of the contract term, the commission may discharge the TUSF administrator of its duties upon 60-days written notice.(6) Audit STAP voucher payments and expenditures. The commission shall audit voucher payments and other expenditures made under the STAP program.(d) TUSF administrator. The TUSF administrator serves at the discretion of the commission.(1) Technical requirements of the TUSF administrator. The TUSF administrator shall:(A) be neutral and impartial, not advocate specific positions to the commission in proceedings not related to the administration of the universal service support mechanisms, and not have a direct financial interest in the universal service support mechanisms established by the commission;(B) possess demonstrated technical capabilities, competence, and resources to perform the duties of the TUSF administrator as described in this section; and(C) be bonded or bondable.(2) Duties of the TUSF administrator. The TUSF administrator will administer the TUSF in accordance with the rules set forth in this section and in accordance with the guidelines established by the commission in its contract with the TUSF administrator. The TUSF administrator's general duties shall include, but not be limited to:(A) managing the daily operations and affairs of the TUSF in an efficient, fair and competitively neutral manner;(B) taking steps necessary to ensure that all eligible telecommunications providers (ETPs) are in compliance with the relevant sections of this title under which they are receiving universal service support;(C) calculating and collecting the proper assessment amount from every telecommunications provider and verifying that all telecommunications providers are in compliance with the Public Utility Regulatory Act §56.022;(D) disbursing the proper support amounts, ensuring that only eligible recipients receive funds, and verifying that all recipients are in compliance with the section or sections of this title under which they are eligible to receive support;(E) taking steps necessary, including audits, to ensure that all telecommunications providers that are subject to the TUSF assessment are accurately reporting required information;(F) taking steps necessary, including audits, to ensure that all recipients of TUSF funds are accurately reporting required information;(G) submitting periodic summary reports to the commission regarding the administration of the TUSF in accordance with specifications established by the commission;(H) notifying the commission of any telecommunications providers that are in violation of any of the requirements of this section, §26.417 of this title and any reporting requirements; and(I) performing other duties as determined by the commission.(e) Determination of the amount needed to fund the TUSF.(1) Amount needed to fund the TUSF. The amount needed to fund the TUSF shall be composed of the following elements.(A) Costs of TUSF programs. The TUSF administrator shall compute and include the costs of the following TUSF programs:(i) Texas High Cost Universal Service Plan, §26.403 of this title;(ii) Small and Rural ILEC Universal Service Plan, §26.404 of this title;(iii) Implementation of the Public Utility Regulatory Act §56.025, §26.406 of this title;(iv) Additional Financial Assistance, §26.408 of this title;(v) Reimbursement for Certain IntraLATA Service, §26.410 of this title;(vi) Lifeline Service Program, §26.412 of this title;(vii) Telecommunications Relay Service, §26.414 of this title;(viii) Specialized Telecommunications Assistance Program (STAP), §26.415 of this title; and(ix) Audio Newspaper Assistance Program, §26.424 of this title.(B) Costs of implementation and administration of the TUSF. The TUSF implementation and administration costs shall include appropriate costs associated with the implementation and administration of the TUSF incurred by the commission (including the costs incurred by the TUSF administrator on behalf of the commission), and any costs incurred by the Texas Commission for the Deaf and Hard of Hearing caused by its administration of the Specialized Telecommunications Assistance Program (STAP) and the Telecommunications Relay Service programs.(C) Reserve for contingencies. The TUSF administrator shall establish a reserve for such contingencies as late payments and uncollectibles in an amount authorized by the commission.(2) Determination of amount needed. After the initial determination, the TUSF administrator shall determine, on a periodic basis, the amount needed to fund the TUSF. The determined amount shall be approved by the commission.(f) Assessments for the TUSF.(1) Providers subject to assessments. The TUSF assessments shall be payable by all telecommunications providers having access to the customer base; including but not limited to wireline and wireless providers of telecommunications services. The following entities are exempt from paying TUSF assessments on the services that they sell to their guests or tenants but are not exempt from TUSF pass-through assessments from telecommunications providers:(A) a hotel or motel;(B) an owner or lessor of an office or residential building development that contracts and pays for telecommunications services for resale to guests or tenants; and(C) a development that contracts and pays for telecommunications services for resale to guests or tenants.(2) Definitions. For the purposes of this section the following definitions apply:(A) Actual intrastate telecommunications services receipts--Telecommunications services receipts that are clearly identifiable as intrastate telecommunications services receipts, as defined in subparagraph (E) of this paragraph.(B) FCC--means the Federal Communications Commission.(C) Interstate communications--Has the meaning assigned by 47 U.S.C. §153(22).(D) International communications--Has the meaning assigned by 47 U.S.C. §153(17) (foreign communications).(E) Intrastate telecommunications services receipts--Taxable telecommunications services receipts as reported by the telecommunications provider under Chapter 151 of the Texas Tax Code, with the exception of:(i) Pay telephone service revenues received by providers of pay telephone services, which are exempt from the TUSF assessment pursuant to PURA §56.022(c)(2);(ii) Telecommunications services receipts from interstate communications and international communications included in telecommunications services receipts reported under Chapter 151 of the Texas Tax Code; and(iii) TUSF surcharges collected from customers.(F) Receipts--Has the meaning assigned by Texas Tax Code §151.007.(G) Safe-Harbor intrastate telecommunications services receipts--Means intrastate telecommunications receipts calculated by applying a commission-ordered percentage to telecommunications services receipts that are not clearly identifiable as intrastate.(H) Telecommunications provider--Has the meaning assigned by PURA §51.002(10).(I) Telecommunications services--Has the meaning assigned by Texas Tax Code §151.0103.(3) Basis for assessments. Assessments will be based upon the following:(A) Actuals. Effective December 1, 2017, assessments shall be made to each telecommunications provider based upon its monthly taxable actual intrastate telecommunications services receipts reported by that telecommunications provider under Chapter 151 of the Texas Tax Code.(B) Commission-Ordered Safe Harbor. A telecommunications provider that is unable to calculate actual intrastate telecommunications services receipts by January 1, 2007, and does not meet the de minimus exemption in subsection (c) of this section, may request, and the commission may grant for good cause, the modification or waiver of the requirement set forth in subsection (a) of this section, to allow the telecommunications provider to calculate all or some of its intrastate taxable telecommunications receipts using the relevant commission-ordered safe-harbor percentage. Requests for waiver will be subject to administrative review unless the presiding officer determines at any point during the review that the request should be docketed. The presiding officer will issue an order approving, denying or docketing the request for waiver within 180 calendar days of the filing date of the waiver request.(i) A request for waiver must contain, at a minimum:(I) an affidavit from a corporate officer of the telecommunications provider attesting to the fact that the telecommunications provider is unable to calculate all or some of its actual intrastate telecommunications services receipts and, if applicable, that the telecommunications provider is using a safe harbor authorized by the FCC;(II) a date by which the telecommunications provider will be able to calculate actual intrastate telecommunications services receipts;(III) an explanation detailing why the telecommunications provider is unable to calculate actual intrastate telecommunications services receipts and why a waiver is necessary;(IV) a detailed description of the safe-harbor percentage that is requested and how it will be applied;(V) if applicable, a compliance tariff filing pursuant to paragraph (6)(C) of this subsection; and(VI) any other information that the telecommunications provider believes will aid in rendering of a decision.(ii) If a telecommunications provider requests a permanent waiver from reporting its TUSF assessment based on actual intrastate telecommunications services receipts, then the telecommunications provider must file a waiver containing all elements in clause (i) of this subparagraph, as well as an explanation detailing why a permanent waiver is required, and why it is in the public interest.(iii) A telecommunications provider that has been granted a waiver shall apply, for the duration of that waiver, a safe-harbor percentage to its telecommunications services receipts using one of the methods described in subclauses (I) or (II) of this clause as follows:(I) If a telecommunications provider is reporting interstate communications and international communications revenues for assessment for the federal universal service fund based on an FCC safe-harbor percentage, then the telecommunications provider shall apply the inverse of that percentage to its telecommunications services receipts as reported under Chapter 151 of the Texas Tax Code. The resulting total will be the telecommunications provider's safe-harbor-calculated total intrastate telecommunications services receipts to which the TUSF assessment rate shall apply pursuant to paragraph (4) of this subsection.(II) If a telecommunications provider is not using an FCC safe-harbor percentage, the telecommunications provider shall apply a commission-ordered safe harbor percentage to its telecommunications services receipts under Chapter 151 of the Texas Tax Code as described in its waiver request approved by the commission. The resulting total will be the telecommunications provider's safe-harbor-calculated intrastate telecommunications services receipts to which the TUSF assessment rate shall apply pursuant to paragraph (4) of this subsection.(iv) If a telecommunications provider that has been granted a waiver seeks to change its safe-harbor assessment methodology, or seeks an extension of its existing waiver, it must file another waiver request with the commission.(v) A telecommunications provider may, at any time during the duration of its waiver and upon notice to the commission and the TUSF administrator, change its methodology to assess actual intrastate telecommunications services receipts. This will terminate any existing waiver.(C) De minimus exemption. A telecommunications provider that is unable to calculate actual intrastate telecommunications services receipts by January 1, 2007, and whose TUSF assessment is less than $500 per month using the relevant commission-ordered safe-harbor percentage, is not required to file a waiver request pursuant to subparagraph (B) of this paragraph.(D) Intrastate telecommunications services receipts received by telecommunications providers from telecommunications services supplied to pay telephone providers for the provision of pay telephone services are subject to TUSF assessment.(4) Assessment. Each telecommunications provider shall pay its TUSF assessment each month by multiplying the commission-approved assessment rate by the basis for assessments as determined pursuant to paragraph (3) of this subsection.(5) Reporting requirements. Each telecommunications provider shall report its taxable intrastate telecommunications services receipts under Chapter 151 of the Tax Code to the commission or the TUSF administrator. When reporting its intrastate telecommunications services receipts, each telecommunications provider shall report its total taxable telecommunications services receipts under Chapter 151 of the Tax Code, and indicate which methodology or methodologies (i.e., actual and/or commission-ordered safe-harbor percentage) it used to arrive at its total intrastate telecommunications services receipts.(6) Recovery of assessments. A telecommunications provider may recover the amount of its TUSF assessment based on its intrastate telecommunications services receipts from its retail customers who are subject to tax under Chapter 151 of the Texas Tax Code, except for Lifeline and/or Link Up services. For purposes of the recovery of the TUSF assessment, pay telephone providers are considered retail customers subject to Chapter 151 of the Texas Tax Code. The commission may order modifications in a telecommunications provider's method of recovery.(A) Retail customers' bills. In the event a telecommunications provider chooses to recover its TUSF assessment through a surcharge added to its retail customers' bills:(i) the surcharge must be listed on the retail customers' bills as \"Texas Universal Service\"; and(ii) the surcharge must be assessed as a percentage of intrastate telecommunications services receipts on every retail customers' bill, except Lifeline and/or Link Up services.(B) Commission approval of surcharge mechanism. An ILEC choosing to recover the TUSF assessment through a surcharge on its retail customers' bills must file for commission approval of the surcharge mechanism.(C) Tariff and/or price sheet changes. A certificated telecommunications utility choosing to recover the TUSF assessment through a surcharge on its retail customers' bills shall file the appropriate changes as necessary to its tariff and/or price sheet and provide supporting documentation for the method of recovery.(D) Recovery period. A single universal service fund surcharge shall not recover more than one month of assessments.(7) Disputing assessments. Any telecommunications provider may dispute the amount of its TUSF assessment. The telecommunications provider should endeavor to first resolve the dispute with the TUSF administrator. If the telecommunications provider and the TUSF administrator are unable to satisfactorily resolve their dispute, either party may petition the commission to resolve the dispute. Pending final resolution of disputed TUSF assessment rates and/or amounts, the disputing telecommunications provider shall remit all undisputed amounts to the TUSF administrator by the due date.(g) Disbursements from the TUSF to ETPs, ILECs, other entities and agencies.(1) ETPs, ILECs, other entities, and agencies.(A) ETPs. The commission shall determine whether an ETP qualifies to receive funds from the TUSF. An ETP qualifying for the following programs is eligible to receive funds from the TUSF:(i) Texas High Cost Universal Service Plan;(ii) Small and Rural ILEC Universal Service Plan; and/or(iii) Lifeline Service and Link Up Service.(B) ILECs. The commission shall determine whether an ILEC qualifies to receive support from the following TUSF programs:(i) Implementation of the Public Utility Regulatory Act §56.025; and/or(ii) Additional Financial Assistance program.(C) Other entities. The commission shall determine whether other entities qualify to receive funds from the TUSF. Entities qualifying for the following programs are eligible to receive funds from the TUSF:(i) Telecommunications Relay Service;(ii) Specialized Telecommunications Assistance Program; and/or(iii) Audio Newspaper Assistance Program.(D) Agencies. The commission, the Texas Department of Aging and Disability Services, the Texas Department of Assistive and Rehabilitative Services, and the TUSF administrator are eligible for reimbursement of the costs directly and reasonably associated with the implementation of the provisions of PURA Chapters 56 and 57.(2) Reporting requirements.(A) ETPs. An ETP shall report to the TUSF administrator as required by the provisions of the section or sections under which it qualifies to receive funds from the TUSF.(B) Other entities. A qualifying entity shall report to the TUSF administrator as required by the provisions of the section or sections under which it qualifies to receive funds from the TUSF.(C) Agencies. A qualifying agency shall report its qualifying expenses to the TUSF administrator each month.(3) Disbursements.(A) The TUSF administrator shall verify that the appropriate information has been provided by each ETP, local exchange company (LEC), other entities or agencies and shall issue disbursements to ETPs, LECs, other entities and agencies within 45 days of the due date of their reports except as otherwise provided.(B) Prior to August 31, 2007, if an electing LEC, as defined in §26.5 of this title (relating to Definitions), reduces rates in conjunction with receiving disbursements from the TUSF, the commission may not reduce the amount of those disbursements below the initial level of disbursements upon implementation of the TUSF, except that:(i) if a local end user customer of the electing company switches to another local service provider that serves the customer entirely through the use of its own facilities and not partially or solely through the use of unbundled network elements, the electing LEC's disbursement may be reduced by the amount attributable to that customer under PURA §56.021(1); or(ii) if a local end user customer of the electing company switches to another local service provider, and the new local service provider serves the customer partially or solely through the use of unbundled network elements provided by the electing LEC, the electing LEC's disbursement attributable to that customer under PURA §56.021(1) may be reduced according to the commission established equitable allocation formula for the disbursement as described in §26.403(e)(3)(C) of this title (relating to Texas High Cost Universal Service Plan (THCUSP)).(C) The commission may adjust disbursements from the universal service fund to companies using technologies other than traditional wireline or landline technologies to meet provider of last resort obligations.(h) True-up. The assessment amount determined pursuant to subsections (e) and (f) of this section shall be subject to true-up as determined by the TUSF administrator and approved by the commission. True-ups shall be limited to a three year period for under-reporting and a one year period for over-reporting.(i) Sale or transfer of exchanges.(1) An ETP that acquires exchanges from an unaffiliated small or rural ILEC receiving support for those exchanges pursuant to §26.404 of this title, shall receive the per-line support amount for which those exchanges were eligible prior to the sale or transfer.(2) An ETP that acquires exchanges from an unaffiliated ETP receiving support for those exchanges pursuant to §26.403 of this title, shall receive the per-line support amount for which those exchanges were eligible prior to the transfer of the exchanges.(j) Proprietary information. The commission and the TUSF administrator are subject to the Texas Open Records Act, Texas Government Code, Chapter 552. Information received by the TUSF administrator from the individual telecommunications providers shall be treated as proprietary only under the following circumstances:(1) An individual telecommunications provider who submits information to the TUSF administrator shall be responsible for designating it as proprietary at the time of submission. Information considered to be confidential by law, either constitutional, statutory, or by judicial decision, may be properly designated as proprietary.(2) An individual telecommunications provider who submits information designated as proprietary shall stamp on the face of such information \"PROPRIETARY PURSUANT TO PUC SUBST. R. §26.420(j)\".(3) The TUSF administrator may disclose all information from an individual telecommunications provider to the telecommunications provider who submitted it or to the commission and its designated representatives without notifying the telecommunications provider.(4) All third party requests for information shall be directed through the commission. If the commission or the TUSF administrator receives a third party request for information that a telecommunications provider has designated proprietary, the commission shall notify the telecommunications provider. If the telecommunications provider does not voluntarily waive the proprietary designation, the commission shall submit the request and the responsive information to the Office of the Attorney General for an opinion regarding disclosure pursuant to the Texas Open Records Act, Texas Government Code, Chapter 552, Subchapter G.", "sourceNote": "Source Note: The provisions of this §26.420 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective October 4, 2001, 26 TexReg 7530; amended to be effective June 17, 2002, 27 TexReg 5201; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective July 20, 2006, 31 TexReg 5616; amended to be effective November 19, 2006, 31 TexReg 9285; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective November 7, 2017, 42 TexReg 6143." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166777", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.421", "label": "Designation of Eligible Telecommunications Providers to Provide Service to Uncertificated Areas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166778", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section establish the procedures for the commission to designate an eligible telecommunications provider (ETP) to provide voice-grade services to permanent residential or business premises that are not included within the certificated area of a holder of a certificate of convenience and necessity (CCN), and for the reimbursement of costs from the Texas Universal Service Fund (TUSF). (b) Definitions. The following words and terms, when used in this section, shall have the following meaning unless the context clearly indicates otherwise: (1) Designated provider--A telecommunications provider designated by the commission to provide services to premises located within an uncertificated area (2) Eligible telecommunications provider (ETP)--A telecommunications provider designated by the commission pursuant to §26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)). (3) Permanent residential or business premises--A premises that has permanent facilities for water, wastewater, and electricity. (4) Preferred provider--A designated provider for any permanent residential or business premises within reasonable proximity to those petitioning premises for later petitions filed under §26.422 of this title (relating to Subsequent Petitions for Service in Uncertificated Areas). (c) Application. This section applies to telecommunications providers that have been designated ETPs by the commission pursuant to §26.417 of this title. This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154. (d) Petition for service. (1) Eligibility. Persons residing in permanent residential premises or owners of permanent residential or business premises that are not included within the certificated area of a holder of a CCN may petition the commission to designate an ETP to provide to those premises voice-grade services supported by state and federal universal service support mechanisms. (2) Contents of petition. A petition for designation of an ETP must: (A) State with reasonable particularity the locations of the permanent residential or business premises for which the petitioner(s) are requesting service; (B) Establish that the premises are within reasonable proximity to one another so that the petitioners possess a sufficient community of interest; (C) Nominate as potential providers of service, not more than five telecommunications providers serving territory that is contiguous to the location of the permanent residential or business premises using wireless or wireline facilities, resale, or unbundled network elements; and (D) Include as an attachment or an appendix, documentation indicating the required residence or ownership, such as a state-issued license or identification, tax records, deeds, or voter registration materials. (3) Eligibility of petitioner(s). Except as provided by paragraph (4) of this subsection, the petition must be signed by at least five persons who: (A) Are not members of the same household; (B) Reside in the permanent residential premises or are the owners of the permanent residential or business premises for which service is sought; (C) Desire service to those premises; (D) Commit to pay the aid to construction charges for service to those premises as determined by the commission; and (E) Commit to enter into an assignable agreement for subscription to basic local service to the premises for a period of time determined by the commission. (4) Number of petitioners. The commission may accept a petition that is signed by fewer than five persons if the petitioner(s) provides an affidavit stating that the petitioner(s) has taken all reasonable steps to secure the signatures of the residents of permanent residential premises or the owners of permanent residential or business premises within reasonably close proximity to the petitioner's premises who are not receiving telephone service when the petition is filed and who want telephone service initiated. (5) Form. The petitioner(s) shall file the petition using the commission-approved forms. (e) Completeness of petition. (1) Commission action. Upon receipt of a petition, the commission shall review the petition for completeness. Within 15 working days from the date of receipt of the petition, the commission shall determine if the petition is complete and has been filed consistent with subsection (d) of this section. (2) Petition complete. If the commission determines the petition is complete, the commission will send a notice of completeness to the petitioner(s), to all telecommunications providers identified in the petition, and if not otherwise notified, to the incumbent local exchange carriers serving the contiguous exchanges. In the notice, the commission shall seek volunteers to provide telecommunications services in the permanent residential or business premises. The commission shall also include with the notice a copy of the petition. The commission shall publish notice of the petition and the notice of completeness in the Texas Register. (3) Petition denied. If a petition is denied, the commission shall send a notice of denial explaining the reason(s) for denial to the petitioner(s). (f) Responding to notice of completeness. (1) Response. Telecommunication providers shall respond to the commission's notice of completeness and request for volunteers within 30 days after receipt of the notice. A provider may respond by: (A) Stating that it is not eligible to be designated to serve the premises under this section; (B) Volunteering to provide service to the premises; or (C) Refusing to volunteer to provide service to the premises. (2) Volunteering to serve. A provider volunteering to provide service to the premises shall respond to the commission by providing a proposal that includes: (A) An affidavit duly signed by an officer of the company; (B) A description of the technology proposed for deployment; (C) An estimate of the costs for deployment and the recurring monthly costs of service; and (D) An estimated timeline for deployment of facilities and a date by which service will be extended to the premises. (3) Commission action. Upon receipt of a volunteering provider's proposal, the commission may: (A) Approve a proposal administratively and permit the ETP to serve the uncertificated area and recover its costs pursuant to subsection (j) of this section; or (B) Reject a proposal and proceed to a hearing pursuant to subsection (g) of this section. (g) Evidentiary hearing. If the petition cannot be processed administratively, the commission shall conduct an evidentiary hearing to determine: (1) If an ETP is willing to be designated to provide service to the petitioner(s); or (2) The ETP that is best able to serve the petitioner(s). (h) Commission decision. The commission should consider all relevant factors, including, but not limited to: (1) The original cost to be incurred by a designated provider to deploy service to the petitioning premises, and the effect of reimbursement of those costs on the state universal service fund; (2) The number of access lines requested by the petitioners for the petitioning premises; (3) The size of the geographic territory in which the petitioning premises are included; (4) The proximity of existing facilities and the existence of a preferred designated provider under the Public Utility Regulatory Act (PURA) §56.213; and (5) Any technical barriers to the provision of service. (i) Commission order. The commission shall issue an order granting or denying a petition within 180 days of the filing of the petition. In any order granting a petition the commission shall include the following: (1) Description of the facilities to be deployed; (2) Estimated costs of deployment; (3) Aid to construction fee to be paid by the petitioner(s), not to exceed $3,000; (4) Monthly recurring charge to be paid by the petitioner(s); (5) Estimated cost to be recovered from the TUSF; (6) Recurring, monthly per line fee to be recovered from the TUSF; (7) Date by which services must be extended to the premises; and (8) Schedule of cost recovery for the provider's original cost of deployment consistent with the following: (A) Not later than the third anniversary of the date of the order, for a deployment with an estimated original cost of $1 million or less; (B) Not later than the fifth anniversary of the date of the order, for a deployment with an estimated original cost of more than $1 million, but not more than $2 million; and (C) Not later than the seventh anniversary of the date of the order, for a deployment with an estimated original cost of more than $2 million. (j) Cost recovery. A designated provider may recover from the TUSF the provider's actual costs of providing service to the premises, including the provider's original cost of deployment not recovered from the petitioner(s) through an aid to construction charge and the provider's actual recurring costs not recovered from the petitioner(s) through a monthly recurring charge. (1) The original cost of deployment includes the cost of the provider's facilities installed in, or upgraded to permit the provision of service to, the premises, as determined by the financial accounting standards applicable to the provider, including an amount for the recovery of all costs that are typically included as capital costs for accounting purposes. (2) The provider is permitted to recover interest at the prevailing commercial lending rate on its original costs of deployment. (3) Actual recurring costs include maintenance and the ongoing operational costs of providing service after deployment of the facilities to the premises and a reasonable operating margin. (k) Submission of actual costs. Upon completion of the construction, the designated provider shall file the actual costs with the commission. (1) No later than 30 days after filing the actual costs, commission staff shall file with the presiding officer written comments or recommendations concerning the actual costs. (2) No later than 60 days after filing the actual costs, the presiding officer shall issue a notice stating whether the costs may be submitted to the TUSF administrator for recovery consistent with the order issued pursuant to subsection (i) of this section. (3) The designated provider or the commission staff may appeal to the commission an administrative notice issued by a presiding officer within seven days after the date the notice is issued. The commission shall rule on any appeal added to an open meeting agenda, within 30 days after the date the appeal is filed. If the commission or a presiding officer orders changes to the actual costs submitted, the designated provider shall be ordered to make those changes within a reasonable period of time before they may be submitted to the TUSF administrator for recovery. (l) Cap on TUSF reimbursements. The commission may not authorize or require any services to be provided under this section during a fiscal year if the total amount of required reimbursements, together with interest and obligations from preceding years, would equal an amount that exceeds 0.02% of the annual gross revenues reported to the TUSF during the preceding fiscal year.", "sourceNote": "Source Note: The provisions of this §26.421 adopted to be effective May 12, 2002, 27 TexReg 4004; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166778", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.422", "label": "Subsequent Petitions for Service in Uncertificated Areas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166779", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154.(b) If the commission approves a petition requesting service, residents of permanent residential premises or owners of permanent residential or business premises in reasonable proximity to the premises that were the subject of an approved petition who did not sign the prior petition requesting service are not entitled to receive service under the Public Utility Regulatory Act (PURA), Chapter 56, Subchapter F, prior to the fifth anniversary of the date the prior petition was filed, unless the residents or owners file a new petition and agree to pay aid to construction charges on the same terms as applicable to the prior petitioner(s).(c) The designated provider shall receive reimbursement for the original cost of deployment and actual recurring costs of providing service to those additional residents in the same manner as the provider received reimbursement of those costs in relation to the prior petitioner(s). The provider may not receive reimbursement for the original cost of deployment under a subsequent petition if the provider previously received complete reimbursement for those costs from the Texas Universal Service Fund (TUSF). If the TUSF has completely reimbursed the original cost of deployment as provided by §26.421 of this title (relating to Designation of Eligible Telecommunications Providers to Provide Service to Uncertificated Areas), each subsequent petitioner must pay into the TUSF an amount equal to the aid to construction charge paid by each prior petitioner.", "sourceNote": "Source Note: The provisions of this §26.422 adopted to be effective May 12, 2002, 27 TexReg 4004; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166779", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.423", "label": "High Cost Universal Service Plan for Uncertificated Areas where an Eligible Telecommunications Provider (ETP) Volunteers to Provide Basic Local Telecommunications Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "125312", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the guidelines for financial assistance to ETPs that serve uncertificated areas of the state where an ETP volunteers to provide basic voice-grade telecommunications service to permanent residential and single-line business premises.(b) Definitions. The following words and terms, when used in this section, shall have the following meaning unless the context clearly indicates otherwise:(1) Eligible line--A residential line and a single-line business line as defined by §26.403 of this title (relating to Texas High Cost Universal Service Plan (THCUSP)).(2) Eligible telecommunications provider (ETP)--A telecommunications provider designated by the commission pursuant to §26.417 of this title (relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)).(3) Permanent residential or business premises--A premise as defined pursuant to §26.421 of this title (relating to Designation of Eligible Telecommunications Providers to Provide Service to Uncertificated Areas).(4) Uncertificated areas--An area of the state that is not included within the certificated area of a holder of a certificate of convenience and necessity (CCN).(c) Application. This section applies to telecommunications providers that have been designated ETPs by the commission pursuant to §26.417 of this title. This section does not apply to a deregulated company holding a certificate of operating authority or to an exempt carrier under Public Utility Act (PURA) §52.154.(d) Service to be supported by the High Cost Universal Service Plan for uncertificated areas where an ETP volunteers to provide basic local telecommunications service. The High Cost Universal Service Plan for uncertificated areas shall support the provision by ETPs of basic local telecommunications services as defined in §26.403(d) of this title.(e) Support for uncertificated areas where an ETP volunteers to provide service. The TUSF administrator shall disburse monthly support payments to ETPs qualified to receive support pursuant to this section. The amount of support available to each ETP shall be calculated using the base support amount available as provided under paragraph (1) of this subsection as adjusted by the requirements of paragraph (3)(B) of this subsection.(1) Determining base support amount available to ETPs.(A) The monthly per-line support available for uncertificated areas shall be determined by calculating the average of the per-line support amount approved for all local telephone company exchanges of CCN holder's that are contiguous to the uncertificated area for which reimbursement is requested. The per line support amounts used for this calculation shall include, as appropriate, support amounts approved for only those exchanges directly contiguous to the uncertificated area for which support is being requested. The resulting average support shall apply to a line at a premises in the uncertificated area regardless of the residential or business status of the line.(B) Support under this section is portable with the consumer.(2) Proceedings to determine support amount.(A) Initial determination for uncertificated areas.(i) Upon petition by an ETP, the commission shall establish a monthly per-line support amount for an uncertificated area as identified by the ETP where it has been determined that prospective telecommunications subscribers exist. The establishment of support for more than one uncertificated area may be requested within a single petition.(ii) The review of the petition shall be accomplished in an administrative or docketed proceeding initiated by the ETP requesting support for the provision of single-line residential or business service within an uncertificated area or areas.(iii) The commission, on its own motion, may initiate a proceeding to establish monthly per-line support amounts for uncertificated areas.(B) Subsequent determination of support amount.(i) The commission shall subsequently review the support for uncertificated areas consistent with the review provided for under §26.403 and §26.404 of this title (relating to Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan).(ii) The commission may initiate review of the support for uncertificated areas and base support amounts under this section on its own motion at any time.(3) Calculating amount of support payments to individual ETPs. After the monthly per-line amount is determined, the TUSF administrator shall make the following adjustments each month in order to determine the actual support payment that each ETP may receive each month.(A) Payments. The payment to each ETP shall be computed by multiplying the per-line amount established by paragraph (1) of this subsection for a given uncertificated area by the number of eligible lines served by the ETP in such uncertificated area for the month.(B) Adjustment for federal USF support. The base support amount an ETP is eligible to receive shall be decreased by the amount of federal universal service high cost support received by the ETP.(f) Reporting requirements.(1) An ETP eligible to receive support under this section shall provide the TUSF administrator with the following information:(A) A report of the total number of eligible lines served by the ETP in a designated uncertificated area to the TUSF Administrator on a monthly basis;(B) The telecommunications provider's residential and single-line business rates on file with the commission, as of the provisioning date for service;(C) The average per-line assistance for each local exchange telephone company exchange contiguous to the area in question; and(D) A calculation of the base support in accordance with the requirements of this subsection and subsection (e) of this section.(2) Upon request by the commission, the telecommunications provider awarded support under this section shall explain the basis on which it is establishing rates under this section.(3) An ETP shall report any other information required by the commission and the TUSF Administrator, including any information necessary to assess contributions to and disbursements from the TUSF.(g) Initial support provided pursuant to this section. Initial payment of support under this section shall be retroactive to the latter of the date on which a telecommunications provider either:(1) Petitions the commission for THCUSP assistance; or(2) Begins providing basic local telephone service to the residential or business location approved for support.", "sourceNote": "Source Note: The provisions of this §26.423 adopted to be effective May 23, 2002, 27 TexReg 4329; amended to be effective September 4, 2006, 31 TexReg 7123; amended to be effective April 7, 2014, 39 TexReg 2499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "125312", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "P", "label": "TEXAS UNIVERSAL SERVICE FUND" }, "rule": { "number": "§26.424", "label": "Audio Newspaper Assistance Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215884", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section establish a program providing financial assistance from the Texas universal service fund to support a free telephone service that allows blind and visually impaired persons access to the text of newspapers by using synthetic speech.(b) Definitions. The following words and terms shall have the following meanings when used in this section, unless the context clearly indicates otherwise.(1) Texas Newspaper--a serial publication that contains news on current events of special or general interest published within the state of Texas;(2) National Newspaper--a serial publication that contains news on current events of special or general interest that is widely distributed in all fifty states;(3) Registered User--a person who has met the eligibility criteria pursuant to subsection (e) of this section and has registered with the Audio Newspaper Program; and(4) Audio Newspaper Program (ANP) Provider--the carrier awarded the Audio Newspaper Program contract by the commission.(c) Requirements Audio Newspaper Program (ANP) Provider Must Meet. The provider of the ANP shall meet all of the requirements listed below.(1) Components of ANP.(A) The ANP shall provide registered users the following:(i) access to ANP through a touch-tone phone;(ii) access to ANP 24 hours a day, seven days a week;(iii) access through a local number or through a nationwide toll-free number where local access is not available; and(iv) access through a personal identification number.(B) The ANP shall make available to registered users the following call features:(i) complete text of each participating newspaper in the form of synthetic speech;(ii) menu choices and navigation features that facilitate movement through menu items or articles;(iii) ability to select one voice from a variety of choices and adjust the speaking rate of the selected voice;(iv) commands for obtaining help, searching text, and spelling text with the capacity to interrupt the presentation and return to the information being read when the help, search, or spell command is activated; and(v) access to customer service during regular business hours.(C) The ANP shall also have the following additional features:(i) capability of providing information to determine the number of registered users; and(ii) capability of providing information to determine the monthly minutes of use.(2) Content. The ANP shall provide access to the contents of both Texas newspapers and National newspapers:(A) Texas Newspapers. the ANP shall have a minimum of two Texas newspapers available to registered users; and(B) National Newspapers. the ANP may allow registered users access to National newspapers to the extent they are available.(3) Updates. The ANP provider will update each newspaper carried as soon as practicable following the ANP's receipt of electronic files and will provide access to the current day's or most recent edition, the previous day's edition, and the current or most recent Sunday edition.(4) Content Acquisition. The ANP provider shall attempt to integrate additional Texas newspapers, including Spanish language newspapers, into the ANP. Newspapers participating in the ANP are not eligible for payment.(d) Reporting Requirements. The ANP provider shall submit the following reports to the commission every year by April 1:(1) Content Acquisition Report. The content acquisition report shall consist of the following:(A) a list of the newspapers included in the ANP and indicate those newspapers added to the ANP during the previous 12 months;(B) a list of the newspapers the ANP has attempted, but failed, to add to the ANP including for each:(i) date(s) the newspaper was contacted;(ii) method(s) used to contact the newspaper; and(iii) reason(s) why the newspaper was not added to the ANP.(C) a list of the newspapers that the ANP stopped providing in the previous year, including for each:(i) date the ANP stopped providing the newspaper; and(ii) reason(s) why ANP stopped providing the newspaper.(2) Annual Usage Report. The annual usage report shall consist of the following:(A) the number of registered users;(B) the number of registered users in the previous year; and(C) the total minutes of use for all registered users.(3) Additional Reporting. The commission may specify additional reporting requirements.(e) Eligibility and Registration.(1) Eligibility. A person will be considered eligible for the ANP if the person produces evidence satisfactory to the ANP that said person resides within the state of Texas and:(A) is registered with a state or private vocational rehabilitation agency for the blind;(B) is enrolled in a public school special education program for the blind or state residential school for the blind;(C) is registered with the Texas State Library and Archives Talking Book Program; or(D) is in possession of a letter from an M.D. or a D.O. certifying that said person is legally blind or is visually impaired.(2) Registration. The ANP provider shall allow eligible persons to register for the ANP through a mailing address or a fax number.(3) Records Showing Eligibility. For each registered user, the ANP provider shall retain (a) electronic and/or photocopy records of all evidence produced to the ANP provider that satisfies the eligibility requirements described in this subsection and (b) the registered user's contact information. The ANP provider shall produce these records and contact information upon request by the commission.", "sourceNote": "Source Note: The provisions of this §26.424 adopted to be effective July 2, 2006, 31 TexReg 5284." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215884", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "Q", "label": "9-1-1 ISSUES" }, "rule": { "number": "§26.433", "label": "Roles and Responsibilities of 9-1-1 Service Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148996", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this section are intended to assure the integrity of the state's emergency 9-1-1 system in the context of a competitive and technologically evolving telecommunications market. In particular this section establishes specific reporting and notification requirements and mandates certain minimum network interoperability, service quality standards, and database integrity standards. The requirements in this section are in addition to the applicable interconnection requirements required by §26.272 of this title (relating to Interconnection).(b) Application. This section applies to a certificated telecommunications utility (CTU).(c) 9-1-1 service provider certification requirements.(1) Only a CTU may be a 9-1-1 database management services provider.(2) Only a CTU may be a 9-1-1 network services provider.(3) Unless acting as a 9-1-1 database management services provider or 9-1-1 network services provider, PSAPs and 9-1-1 administrative entities do not require certification by the commission.(d) Requirement to prepare plan and reporting and notification requirements.(1) Network Services Plan. Before providing service, a 9-1-1 network services provider must prepare and file with the commission a network services plan. The plan must be updated upon a change affecting a 9-1-1 administrative entity, a 9-1-1 database management services provider, or the 9-1-1 network services provider, but not more often than quarterly of each year. Material submitted to the commission in accordance with this section believed to contain proprietary or confidential information must be identified as such, and the commission may enter an appropriate protective order. The network services plan must include:(A) a description of the network services and infrastructure for equipment and software being used predominantly for the purpose of providing 9-1-1 services including alternate routing, default routing, central office identification, and selective routing, ESN, and transfer information;(B) a schematic drawing and maps illustrating current 9-1-1 network service arrangements specific to each 9-1-1 administrative entity's jurisdiction for each applicable rate center, city, and county. The maps must show the overlay of rate center, county, and city boundaries; and(C) a schedule of planned network upgrades and modifications that includes an explanation of 9-1-1 customer premises equipment implications, if any, related to upgrades and modifications.(2) Database Services Plan. Before providing service, a 9-1-1 database management services provider must prepare and file with the commission a database services plan. The plan must be updated upon a change affecting a 9-1-1 administrative entity, a 9-1-1 database management services provider, or the 9-1-1 network services provider, but not more often than quarterly of each year. Material submitted to the commission in accordance with this section believed to contain proprietary or confidential information must be identified as such, and the commission may enter an appropriate protective order. The database services plan must include:(A) a narrative description of the current database services provided, including but not limited to a description of current 9-1-1 database management service arrangements and each NPA/NXX by selective router served by the database management services provider;(B) a schematic drawing and maps of current 9-1-1 database service arrangements specific to the applicable agency's jurisdiction for each applicable rate center, city, and county. The maps must show the overlay of rate center, county, and city boundaries;(C) a current schedule of planned database management upgrades and modifications, including software upgrades;(D) an explanation of 9-1-1 customer premises equipment implications, if any, related to any upgrades and modifications referenced in subparagraph (C) of this paragraph; and(E) a description of all database contingency plans for 9-1-1 emergency service.(3) Other notification requirements. A CTU must notify each affected 9-1-1 administrative entity at least 30 days prior to activating or using a new NXX in a rate center or upon the commencement of providing local telephone service in any rate center.(e) Network interoperability and service quality requirements. To ensure network interoperability and a consistent level of service quality the following standards apply.(1) A CTU operating in the state of Texas must:(A) Participate, as technically appropriate and necessary, in 9-1-1 network and 9-1-1 database modifications; including, but not limited to, those related to area code relief planning, 9-1-1 tandem reconfiguration, and changes to the 9-1-1 network services or database management services provider.(B) Notify and coordinate changes to the 9-1-1 network and database with, as necessary and appropriate, its wholesale customers, all affected 9-1-1 administrative entities, and CSEC.(C) Provide a P.01 grade of service, or its equivalent as applicable, on the direct dedicated 9-1-1 trunk groups. If a CTU is a 9-1-1 network services provider, the CTU must provide a P.01 grade of service, or its equivalent as applicable, to the PSAP.(D) Apprise all affected 9-1-1 administrative entities of any failure to meet the P.01 grade of service, or its equivalent as applicable, in writing and correct any degradation within 60 days.(2) A telecommunications provider operating in the state of Texas must:(A) Provide to each applicable 9-1-1 administrative entity the name, title, address, and telephone number of the telecommunications provider's 9-1-1 contacts including a designated contact person to be available at all times to work with the appropriate 9-1-1 administrative entity or entities, CSEC and the commission to resolve 9-1-1-related emergencies. CSEC must be notified of any change to a telecommunications provider's designated 9-1-1 contact personnel within five working days.(B) Develop a 9-1-1 disaster recovery and service restoration plan with input from the applicable 9-1-1 administrative entity, CSEC, and the commission.(f) Database integrity. To ensure the consistent quality of database information required for fixed-location 9-1-1 services, the following standards apply.(1) A CTU operating in the state of Texas must:(A) Utilize a copy of the 9-1-1 administrative entity's MSAG or other appropriate governmental source, such as post offices and local governments, to confirm that valid addresses are available for 9-1-1 calls for areas where the 9-1-1 service includes selective routing, or automatic location identification, or both, in order to confirm that valid addresses are available for 9-1-1 calls. This requirement is applicable where the 9-1-1 administrative entity has submitted an MSAG for the service area to the designated 9-1-1 database management services provider. The MSAG must be made available to the CTU at no charge and must be in a mechanized format that is compatible with the CTU's systems. This requirement must not be construed as a basis for denying installation of basic telephone service, but as a process to minimize entry of erroneous records into the 9-1-1 system.(B) Take reasonable and necessary steps to avoid submission of telephone numbers associated with non-dialtone generating service to the 9-1-1 database management services provider.(C) Submit corrections to inaccurate subscriber information to the 9-1-1 database management services provider within 72 hours of notification of receipt of the error file from the 9-1-1 database management services provider.(D) As applicable, coordinate 9-1-1 database error resolution for resale customers.(2) A 9-1-1 database management services provider operating in the state of Texas must:(A) Provide copies of the MSAG for each 9-1-1 administrative entity the 9-1-1 database management services provider serves to any CTU authorized to provide local exchange service within the jurisdiction of those 9-1-1 administrative entities. The 9-1-1 database management services provider must make all updates to the MSAG electronically available to CTUs within 24 hours of the update by the 9-1-1 administrative entity.(B) Upon receipt of written confirmation from the appropriate CTU, delete inaccurate subscriber information within 24 hours for deletions of fewer than 100 records. For deletions of 100 records or more, the database management service provider must delete the records as expeditiously as possible within a maximum time frame of 30 calendar days.(g) Cost recovery. A CTU is prohibited from charging a 9-1-1 administrative entity for, through tariffed or non-tariffed charges, the preparation and transfer of files from the CTU's service order system to be used in the creation of 9-1-1 call routing data and 9-1-1 ALI data.(h) Unbundling. A dominant CTU that is a 9-1-1 network services provider and a 9-1-1 database management services provider, if it has not already done so prior to the effective date of this section, must file within 90 days from the effective date of this section an alternative 9-1-1 tariff that provides 9-1-1 administrative entities the option to purchase any separately offered and priced 9-1-1 service.(i) Migration of 9-1-1 Service. Unless otherwise determined by the commission, nothing in this rule, any interconnection agreement, or any commercial agreement may be interpreted to impair a 9-1-1 administrative entity's authority to migrate to newer functionally equivalent IP-based 9-1-1 systems or NG9-1-1 systems, or to require the removal of unnecessary direct 9-1-1 dedicated trunks, circuits, databases, or functions.(1) For purposes of this subsection, \"unnecessary direct dedicated 9-1-1 trunks\" means those dedicated 9-1-1 trunks that generally would be part of a local interconnection arrangement but for: the CTU's warrant in writing that the direct dedicated 9-1-1 trunks are unnecessary and all 9-1-1 traffic from the CTU will be accommodated by another 9-1-1 service arrangement that has been approved by the appropriate 9-1-1 administrative entity; and written approval from the appropriate 9-1-1 administrative entity accepting the CTU's warrant. A 9-1-1 network services provider or CTU presented with such written documentation from the CTU and the appropriate 9-1-1 administrative entity must rely on the warrant of the CTU and the appropriate 9-1-1 administrative entities.(2) Paragraph (1) of this subsection is intended to promote and ensure collaboration so that 9-1-1 service architecture and provisioning modernization can proceed expeditiously for the benefit of improvements in the delivery of 9-1-1 emergency services. Paragraph (1) of this subsection does not require or authorize a 9-1-1 administrative entity's rate center service plan specifications or a 9-1-1 network architecture deviation that causes new, material cost shifting between telecommunications providers or between telecommunications providers and 9-1-1 administrative entities. Examples of such a deviation include points of interconnection different from current LATA configurations and requiring provisioning of the 9-1-1 network with a similar type deviation that may involve new material burdens on competition or the public interest.(j) 9-1-1 Service Agreement.(1) A CTU that provides local exchange service to end users must execute a separate 9-1-1 service agreement with each appropriate 9-1-1 administrative entity and collect and remit required 9-1-1 emergency service fees to the appropriate authority in accordance with such a 9-1-1 service agreement.(2) A CTU that provides resold local exchange service to end users must execute a separate 9-1-1 service agreement with each appropriate 9-1-1 administrative entity and collect and remit required 9-1-1 emergency service fees to the appropriate authority in accordance with such a 9-1-1 service agreement.", "sourceNote": "Source Note: The provisions of this §26.433 adopted to be effective May 18, 2000, 25 TexReg 4329; amended to be effective November 14, 2010, 35 TexReg 9871; amended to be effective December 21, 2023, 48 TexReg 7524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148996", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "Q", "label": "9-1-1 ISSUES" }, "rule": { "number": "§26.435", "label": "Cost Recovery Methods for 9-1-1 Dedicated Transport" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to establish uniform cost recovery methods for direct dedicated 9-1-1 trunks approved by the appropriate 9-1-1 administrative entity or entities and used in the provision of 9-1-1 service to end users by certificated telecommunications utilities (CTUs). The maximum nonrecurring and monthly recurring reimbursable charges in subsection (c)(1) of this section apply only when the points of interconnection are not a material change to the current provisioning of 9-1-1 services or the points of interconnection are within the current local access and transport areas LATAs. In the event that a CTU considers a request by a 9-1-1 administrative entity or entities to be a material change, the CTU within sixty days of receipt of the request may file an application with the commission requesting a revised reimbursement rate. The CTU is not required to begin provisioning until the commission issues its final order on the application, unless the 9-1-1 administrative entity or entities agree to pay the CTU's proposed revised reimbursement rate, subject to true-up once the commission approves a reimbursement rate for the provisioning.(b) Application. This section applies to all CTUs that are facilities based and providing local exchange service.(c) Reimbursable costs.(1) 9-1-1/CTU Reimbursement. Subject to the applicable law regarding payments by a 9-1-1 administrative entity, the appropriate 9-1-1 administrative entity or entities shall reimburse a CTU a maximum non-recurring rate of $165 and recurring rate of $39 per month as the total compensation for each direct dedicated 9-1-1 trunk unless:(A) the CTU files a petition with the commission and notice of such filing with the appropriate 9-1-1 administrative entity or entities for the imposition of a different rate no later than June 1 of the calendar year; and(B) the CTU provides evidence to the commission that, based upon certain technology deployment, a different rate should apply; and(C) after appropriate review, including comment from the appropriate 9-1-1 administrative entity or entities, the commission approves such rate as requested by the CTU.(2) Any commission approved change in rate for compensation for direct dedicated 9-1-1 trunk(s) shall become effective no earlier than October 1 of the same calendar year.(3) Inter-CTU Allocation methodology. Each CTU that originates a 9-1-1 call shall receive a pro rata share of the commission approved recurring rate(s) under paragraph (1) or (2) of this subsection for 9-1-1 dedicated transport of the call, based upon the transport mileage between the CTU's end office or point of presence (POP) to the point of interconnection and the 9-1-1 network service provider's transport mileage from the point of interconnection to the E9-1-1 selective router, 9-1-1 tandem, IP-based 9-1-1 system, or NG9-1-1 system. The transport mileage used to calculate the pro rata share shall not exceed 14 miles from the originating CTU end office or POP to the point of interconnection.(A) The points of interconnection for local traffic in existing interconnection agreements are acceptable for the purposes of calculating the pro rata share of reimbursable costs, unless the CTUs mutually agree to different points of interconnection.(B) To the extent a CTU provisions its own direct dedicated 9-1-1 trunk(s), the CTU is required to compensate such provider for port usage and termination charges. The 9-1-1 network services provider shall assess such charges on a Total Element Long Run Incremental Cost (TELRIC) basis.(C) To the extent a CTU leases direct dedicated 9-1-1 trunk(s) from a 9-1-1 network services provider, the CTU is required to compensate such provider for transport, port usage, and termination charges. The 9-1-1 network services provider shall assess such charges on a TELRIC basis.(D) To the extent a CTU leases from a 9-1-1 network services provider direct dedicated 9-1-1 trunk extending from the CTU's end office or POP to the point of interconnection, the 9-1-1 network services provider shall assess such charges on a TELRIC basis.(E) A competitive local exchange carrier (CLEC) may lease or provision its own direct dedicated 9-1-1 trunks to the point of interconnection or directly to the 9-1-1 network services provider's E9-1-1 selective router, 9-1-1 tandem, IP-9-1-1 based system, or NG9-1-1 system.(F) Nothing in this section is intended to preclude the commission from exercising authority for situations involving CTUs.(4) The number of direct dedicated 9-1-1 trunks needed for 9-1-1 purposes shall be determined by the CTU following industry standards to provide a grade of service of P.01 or greater, or its IP or NG9-1-1 equivalent, but the minimum number of direct dedicated 9-1-1 trunks to each E9-1-1 selective router, 9-1-1 tandem, IP-based 9-1-1 system, or NG9-1-1 system per service arrangement shall not be less than two.(5) As a prerequisite to receiving compensation for more than the minimum number of direct dedicated 9-1-1 trunks required to meet the P.01 grade of service, the CTU must provide to the 9-1-1 administrative entity or entities, at least 30 days prior to seeking additional compensation, copies of traffic studies, performed using measured call volumes on the individual trunk group, establishing that more than the minimum number of direct dedicated 9-1-1 trunks required to meet the P.01 grade of service are necessary.(6) The traffic study or summary provided in response to paragraph (5) of this subsection shall be provided to the 9-1-1 administrative entity or entities at no cost. Any other traffic studies to evaluate current network performance will be provided to the 9-1-1 administrative entity or entities upon request, and the CTU shall be compensated by the 9-1-1 administrative entity or entities on a time and materials basis at rates that do not exceed the tariff rates approved as reasonable by the commission for the dominant CTU in the rate center.(7) Only the CTU originating a direct dedicated 9-1-1 trunk can submit charges to the appropriate 9-1-1 administrative entity or entities for the maximum reimbursement required in paragraph (1) of this subsection. A dedicated 9-1-1 trunk must be approved by the appropriate 9-1-1 administrative entity or entities as necessary prior to connecting to an E9-1-1 selective router, 9-1-1 tandem, IP-based 9-1-1 system, or NG9-1-1 system. The appropriate 9-1-1 administrative entity or entities may approve dedicated 9-1-1 trunking arrangements that aggregate the 9-1-1 service of multiple CTUs.(8) Where the same direct dedicated 9-1-1 trunks are permitted by the relevant service arrangements to serve areas administered by multiple 9-1-1 administrative entities, a CTU shall contact the 9-1-1 administrative entity serving the largest number of access lines for the area served by the CTU with those direct dedicated 9-1-1 trunks and there shall be a rebuttable presumption that the 9-1-1 administrative entity serving the largest number of access lines is the appropriate 9-1-1 administrative entity to receive the billings for these direct dedicated 9-1-1 trunks. The 9-1-1 administrative entity that is responsible for receiving the billings for direct dedicated 9-1-1 trunks pursuant to this subsection, may seek reimbursement of such expense from other 9-1-1 administrative entities within the affected rate center.(9) The 9-1-1 network services provider shall bill the appropriate 9-1-1 administrative entity and shall not bill a CTU for ANI, ALI, and/or selective routing services. Billing for additional or other 9-1-1 related services specifically required by a CTU is permitted.(d) Reimbursement prerequisites. A CTU must comply with each of the following prerequisites before the CTU can obtain reimbursement from the appropriate 9-1-1 administrative entity for direct dedicated 9-1-1 trunks:(1) Before the CTU initiates the provision of local exchange service in those areas in which a 9-1-1 administrative entity provides 9-1-1 service, the CTU shall execute a 9-1-1 service agreement with the 9-1-1 administrative entity.(2) The CTU shall provide verification to each appropriate 9-1-1 administrative entity that it is complying with all requirements of §26.433 of this title (relating to Roles and Responsibilities of 9-1-1 Service Providers) including, but not limited to, §26.433(e)(2) of this title, requiring \"a designated contact person to be available at all times to work with the appropriate\" 9-1-1 administrative entity.\"(3) A CTU that resells its local exchange service to any CTU that, in turn, provides the resold local exchange service to end users, shall demonstrate to the appropriate 9-1-1 administrative entity that the CTU has provided initial notice to its reselling CTUs:(A) that it does not remit the required 9-1-1 emergency service fees on behalf of reselling CTUs; and(B) that, subject to a confidentiality agreement with the appropriate 9-1-1 administrative entity, it will release reselling CTUs wholesale billing records to 9-1-1 administrative entities for quality measurement purposes, including, but not limited to, auditing a reselling CTU's collection and remittance of 9-1-1 emergency service fees in accordance with applicable law.", "sourceNote": "Source Note: The provisions of this §26.435 adopted to be effective August 20, 2002, 27 TexReg 7520; amended to be effective November 14, 2010, 35 TexReg 9871." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128829", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT" }, "rule": { "number": "§26.461", "label": "Access Line Categories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128830", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes three competitively neutral, non-discriminatory categories of access lines for statewide use in establishing a uniform method for compensating municipalities for the use of a public right-of-way by certificated telecommunications providers (CTPs).(b) Application. The provisions of this section apply to CTPs, as defined by subsection (c)(2) of this section, and to municipalities in the State of Texas.(c) Definitions. The following words and terms when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise.(1) Access lines--(A) means a unit of measurement representing(i) each switched transmission path of the transmission media that is physically within a public right-of-way extended to the end-use customer's premises within the municipality, that allows the delivery of local exchange telephone services within a municipality, and that is provided by means of owned facilities, unbundled network elements or leased facilities, or resale; or(ii) each termination point or points of a nonswitched telephone or other circuit consisting of transmission media located within a public right-of-way connecting specific locations identified by, and provided to, the end-use customer for delivery of nonswitched telecommunications services within the municipality; or(iii) each switched transmission path within a public right-of-way used to provide central office-based PBX-type services for systems of any number of stations within the municipality, and in that instance, one path shall be counted for every 10 stations served; or(iv) any other line not described in clauses (i), (ii) or (iii) of this subparagraph that provides voice service delivered by means of owned facilities, unbundled network elements or leased facilities, or resale.(B) The definition of \"access line\" may not be construed to include interoffice transport or other transmission media that do not terminate at an end-use customer's premises or to permit duplicate or multiple assessment of access line rates on the provision of a single service.(2) Certificated telecommunications provider (CTP)--A person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the commission to offer local exchange telephone service or a person who provides voice service.(3) Public right-of-way--The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include the airways above a right-of-way with regard to wireless telecommunications.(4) Residential--Services provided at residential locations and primarily for residential (non-commercial) use. Definitions in the tariffs or price sheets of the provider, and the determinations made by provider for billing purposes shall control, unless the provider's definitions unreasonably depart from the general definition herein for purposes of avoidance of the payment of appropriate fees to the municipality.(5) Non-Residential--All other locations not served by a residential line.(6) Voice service--Voice communications services provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, including Internet protocol technology. The term does not include voice service provided by a commercial mobile service provider as defined by 47 U.S.C. Section 332(d).(d) Access line categories. There shall be three categories of access lines. The three categories shall be as follows:(1) Category 1 shall include both analog and digital residential switched access lines and any other access line that provides residential voice service. It shall also include point-to-point private lines, whether residential or non-residential, only to the extent such lines provide burglar alarm or other similar security services.(2) Category 2 shall include all analog and digital non-residential switched access lines and any other access line that provides non-residential voice service.(3) Category 3 shall include all other point-to-point private lines, whether residential or non-residential, not otherwise included within category 1.", "sourceNote": "Source Note: The provisions of this §26.461 adopted to be effective November 17, 1999, 24 TexReg 10071; amended to be effective January 10, 2007, 32 TexReg 68." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128830", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT" }, "rule": { "number": "§26.463", "label": "Calculation and Reporting of a Municipality's Base Amount" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128831", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes a uniform method for determining a municipality's base amount and calculating the value of in-kind services provided to a municipality under an effective franchise agreement or ordinance by certificated telecommunications providers (CTPs), and sets forth relevant reporting requirements. (b) Application. This section applies to all municipalities in the State of Texas. (c) Definitions. The following words and terms when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise. (1) Base amount--The total amount of revenue received by the municipality from CTPs in franchise, license, permit, application, excavation, inspection, and other fees related to the use of a public right-of-way in calendar year 1998 within the boundaries of the municipality. The base amount may include revenue from newly annexed areas, the value of in-kind services or facilities, or municipal fee rate escalation provisions for certain municipalities as prescribed in subsection (d) of this section. (A) The base amount does not include pole rental fees, special assessments, and taxes of any kind, including ad valorem or sales and use taxes, or other compensation not related to the use of a public right-of-way. (B) The base amount does not include compensation received from interexchange carriers, cable providers or wireless providers, who may be CTPs, but whose lines do not meet the definition of access line under §26.461 of this title (relating to Access Line Categories). (2) Effective franchise agreement--A franchise agreement or ordinance that is adopted and effective by its own terms by January 12, 1999, or by mutual agreement of the parties has been held-over after its expiration date, without dispute, and the municipality and the CTP were in the process of developing a new agreement or ordinance. (3) In-kind compensation. (A) In-kind services--Services received by a municipality from a CTP during calendar year 1998 at either below cost or no cost as part of an effective franchise agreement. (B) In-kind facilities--Facilities received by a municipality from a CTP before or during calendar year 1998 at either below cost or at no cost as part of an effective franchise agreement. (4) Litigating municipality--A municipality that was involved in litigation relating to franchise fees with one or more CTPs during any part of calendar year 1998. (5) Other compensation--Compensation not related to the use of a public right-of-way paid by a CTP to a municipality, including, but not limited to, fees paid to the municipality to obtain access to municipally-owned poles, ducts, conduits, buildings, and other facilities. (6) Similarly sized municipality-- (A) For municipalities with a population less than 1000, a similarly sized municipality shall be another municipality with a population within 200 more or fewer persons than the reporting municipality's population, located in the same or adjacent county as the reporting municipality. (B) For municipalities with a population greater than 1000, a similarly sized municipality shall be another municipality with a population within 20% of the reporting municipality's population, located in the same or adjacent county as the reporting municipality. (C) Municipal population shall be determined using the January 1, 1999 population estimates of the Texas State Data Center. (D) The reporting municipality and the similarly sized municipality shall have the same CTP with the greatest number of access lines. (7) Special assessment--An assessment authorized for public improvements under the Local Government Code or the Transportation Code. (d) Determination of a municipality's base amount. A municipality's base amount shall be the sum of all applicable revenue received from CTPs, including newly annexed areas, the value of in-kind compensation, and the value of any applicable escalation provisions in effective franchise agreements or ordinances, unless a municipality's base amount is determined under subsection (f) or (g) of this section. (1) Revenue received. Payments received by a municipality from CTPs as compensation for calendar year 1998 usage of the public right-of-way. (A) Payments received outside of calendar year 1998 may be included as revenue received only to the extent that these payments represent compensation for calendar year 1998 usage of a public right-of-way. (B) Payments received in calendar year 1998 that do not represent compensation for calendar year 1998 usage of a public right-of-way shall be excluded. (2) Escalation provisions. The municipality shall calculate and report its fee rate escalation amount that is known and measurable for calendar year 1999, that was specifically prescribed in effective agreements or ordinances, and add that escalation amount to the base amount calculation. (3) In-kind compensation. In-kind services or facilities shall be valued at 1.0% of the base amount unless a municipality can establish before the commission that those services or facilities had a greater value in calendar year 1998. Municipalities requesting in-kind compensation above 1.0% of the base amount shall make a request consistent with subsections (e) and (j) of this section. (e) Valuation of additional in-kind compensation. If a municipality wants to establish that the total value of in-kind compensation received from CTPs had a greater value in 1998 than 1.0% of the municipality's base amount, it must make a showing consistent with this subsection and meet the filing requirements of subsection (j) of this section. (1) Telecommunications equipment. The municipality shall compute the 1998 value by dividing the original cost of the equipment by the term in years of the effective franchise agreement. (2) Dark fiber. Where a municipality had the option to use the CTP's dark fiber as in-kind compensation in calendar year 1998, the municipality shall value the fiber only to the extent the municipality utilized it in calendar year 1998. The value shall be computed in accordance with paragraph (4) of this subsection. Where a CTP permanently transferred ownership of the dark fiber to the municipality as in-kind compensation before or during calendar year 1998, the value of the dark fiber shall be computed for its entire length in accordance with paragraph (1) of this subsection. (3) Poles, ducts, and conduits. Where a municipality had the option to use the CTP's poles, ducts, and conduits as part of its in-kind compensation, it shall value those facilities only to the extent the municipality utilized them during calendar year 1998. The value of the poles, ducts and conduits shall be based upon reasonable annual rental fees charged or paid by other utilities for similar facilities. Where a municipality and a CTP have entered into a joint-use agreement for the use of poles, ducts, or conduits, no value shall be included in computing in-kind compensation for such use. (4) Telecommunications service. The municipality shall value the telecommunications service it received as in-kind compensation by determining the fees paid by other municipalities for same or similar services, or through the average price charged in 1998 by three suppliers qualified to provide the service. (5) All other facilities and services. The municipality shall perform a survey of suppliers for all other in-kind facilities and services it received in calendar year 1998, to establish true market values. The municipality shall survey at least three suppliers for each facility or service it is valuing. (f) Base amount for eligible municipalities. (1) Eligible municipalities include municipalities in counties with a population of less than 25,000 on December 31, 1998, municipalities that did not have an effective franchise agreement or ordinance on January 12, 1999, and municipalities that were not in existence on January 12, 1999. A municipality that was incorporated prior to January 12, 1999 but received no compensation from CTPs for calendar 1998 use of the public right-of-way, shall also be considered an eligible municipality. (A) If a municipality is located in more than one county, its eligibility shall be determined by the county containing the greatest number of its residents. (B) County population shall be determined using the Texas State Data Center population estimates for January 1, 1999. (2) The base amount for an eligible municipality shall, at the election of the governing body of the municipality, be equal to one of the following amounts: (A) An amount not greater than the statewide average fee per line for each category of access line of the CTP with the greatest number of access lines in that municipality, multiplied by the total number of access lines in each category located within the boundaries of the municipality on December 31, 1998, for a municipality in existence on that date, or on the date of incorporation for a municipality incorporated after that date; or (B) An amount not greater than the base amount determined for a similarly sized municipality in the same or an adjacent county in which the CTP with the greatest number of access lines in the municipality is the same for each municipality. The similarly sized municipality must have computed its base amount using methods other than this paragraph; or (C) The total amount of revenue received by the municipality in franchise, license, permit, and application fees from all CTPs in calendar year 1998 consistent with the methodology prescribed under subsection (d)(1) of this section. (g) Base amount for litigating municipality. The base amount for a litigating municipality that not later than December 1, 1999, repeals any ordinance subject to dispute in the litigation, voluntarily dismisses with prejudice any claims in the litigation for compensation, and agrees to waive any potential claim for compensation under any franchise agreement or ordinance expired or in existence on September 1, 1999, is, at the municipality's election, equal to one of the following amounts: (1) An amount not to exceed the statewide average access line rate on a per category basis for the CTP with the greatest number of access lines in that municipality multiplied by the total number of access lines located within the boundaries of the municipality on December 31, 1998, including any newly annexed areas; or (2) An amount not to exceed 21% of the total sales and use tax revenue received by the municipality pursuant to Texas Tax Code, Chapter 321. The sales and use tax revenue will be based on the calendar year 1998 report of taxes collected, as issued by the State Comptroller for a municipality. The amount does not include sales and use taxes collected under: (A) Texas Transportation Code, Chapters 451, 452, 453, or 454 for a mass transit authority; (B) the Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), for a 4A or 4B Development Corporation; (C) Texas Local Government Code, Chapters 334 and 335; and (D) Texas Tax Code, Chapters 321, 322, and 323, for a special district, including health service, crime control, hospital, and emergency service districts. (h) Books and records. Subject to request by the commission, a municipality shall provide sufficient records and documentation to substantiate its base amount calculation as prescribed in this chapter. A municipality shall maintain books and records relating to compensation received pursuant to Texas Local Government Code, Chapter 283, in accordance with generally accepted accounting principles (GAAP) and state and federal guidelines, and in a manner that allows for easy identification and reporting of right-of-way fees received from each CTP. (i) Reporting procedures and requirements. (1) Who shall file. The record-keeping and reporting requirements listed in this section shall apply to all municipalities in the State of Texas. (2) Reporting. Unless otherwise specified, periodic reporting shall be consistent with this subsection and subsection (m) of this section. (A) Initial reporting. A municipality shall file its base amount using the commission-approved Form for Calculating Right-of-way Compensation (FCRC), or the commission-approved Program for Calculating Right-of-way Compensation (PCRC), with the commission no later than December 1, 1999 under Project Number 20935, Implementation of HB 1777. (B) Subsequent reporting. (i) The commission may periodically require each municipality to file with the commission, on an as-needed basis, a report on municipal compensation. The report shall include all amounts received annually pursuant to this section and shall identify quarterly payments from each CTP. (ii) The commission may request additional documentation if it determines a filing by the municipality is insufficient. If the commission requires additional information, the municipality shall respond and provide the needed documents to the commission within 30 days from the time the municipality receives the request. (j) Reporting for additional in-kind compensation. This subsection applies only to a municipality valuing in-kind compensation at a level greater than 1.0% of its base amount, pursuant to subsection (e) of this section. The municipality maintains the burden of proof for establishing the reasonableness of its valuation. No later than December 1, 1999, the municipality shall file using the commission-approved Form for Valuing In-kind Compensation Over 1.0%. If the commission determines that the value of in-kind compensation is less than the value claimed by the municipality, the value of in-kind compensation for that municipality shall, on an interim basis, default to 1.0% of the base amount until the municipality makes a showing consistent with this section and subsection (e) of this section. (k) Allocation of Base Amount. Not later than December 1, 1999, a municipality that wants to propose an allocation of the base amount over specific access line categories shall notify the commission of the desired allocation. The commission shall establish an allocation of the base amount over the categories of access lines if a municipality does not file its proposed allocation by December 1, 1999. (1) A municipality may request a modification of the commission's allocation not more than once every 24 months by notifying the commission and all affected CTPs in September of that year that the municipality wants to change the allocation for the next calendar year. (2) A municipality's allocation shall be implemented unless, on complaint by an affected CTP, the commission determines that the allocation is not just and reasonable, is not competitively neutral, or is discriminatory. (l) Late, insufficient, or incorrect filing. (1) If a municipality fails to complete its base amount report by the date required by this section, the commission shall assume that the base amount for that municipality is $0. (2) All commission-established rates and all compensation thereunder shall be applied prospectively from the date the CTPs timely implement the appropriate rates. (3) A CTP shall not take more than 90 days to implement the rates established by the commission. (m) Report attestation. All filings with the commission pursuant to this section shall be in accordance with the commission-approved FCRC or PCRC instructions, as appropriate. The filings shall be attested to by an officer or authorized representative of the municipality under whose direction the report is prepared or other official in responsible charge of the entity in accordance with §26.71(d) of this title (relating to General Procedures, Requirements and Penalties).", "sourceNote": "Source Note: The provisions of this §26.463 adopted to be effective November 17, 1999, 24 TexReg 10076; amended to be effective January 10, 2007, 32 TexReg 68." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128831", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT" }, "rule": { "number": "§26.465", "label": "Methodology for Counting Access Lines and Reporting Requirements for Certificated Telecommunications Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=101166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "101166", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes a uniform method for counting access lines within a municipality by category as provided by §26.461 of this title (relating to Access Line Categories), sets forth relevant reporting requirements, and sets forth certain reseller obligations under the Local Government Code, Chapter 283. (b) Application. This section applies to all certificated telecommunications providers (CTPs) in the State of Texas. (c) Definitions. The following words and terms when used in this section, shall have the following meaning, unless the context clearly indicates otherwise. (1) Customer--The retail end-use customer. (2) Transmission path--A path within the transmission media that allows the delivery of switched local exchange service or provides voice service. (A) Each individual switched service shall constitute a single transmission path. (B) Where services are offered as part of a bundled group of services, each switched service in that bundled group of services shall constitute a single transmission path. (C) Services that constitute vertical features of a switched service, e.g., call waiting, caller-ID, do not constitute a transmission path. (D) Where a service or technology is channelized by the CTP and results in a separate switched path for each channel, each such channel shall constitute a single transmission path. (E) Voice service provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, switched or not, and including Internet protocol technology, shall constitute a single transmission path. (3) Wireless provider--A provider of commercial mobile service as defined by §332(d), Communications Act of 1934 (47 U.S.C. §151 et seq.), Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66). (d) Methodology for counting access lines. A CTP's access line count shall be the sum of all lines counted pursuant to paragraphs (1), (2), (3), and (4) of this subsection, and shall be consistent with subsections (e), (f) and (g) of this section. (1) Switched transmission paths and services. (A) The CTP shall determine the total number of switched transmission paths, and shall take into account the number of switched services provided and the number of channels used where a service or technology is channelized. (B) All switched services shall be counted in the same manner regardless of the type of transmission media used to provide the service. (C) If the transmission path crosses more than one municipality, the line shall be counted in, and attributed to, the municipality where the end-use customer is located. Pursuant to Local Government Code §283.056(f), the per-access-line franchise fee paid by CTPs constitutes full compensation to a municipality for all of a CTP's facilities located within a public right-of-way, including interoffice transport and other transmission media that do not terminate at an end-use customer's premises, even though those types of lines are not used in the calculation of the compensation. (2) Nonswitched telecommunications services or private lines. (A) Each circuit used to provide nonswitched telecommunications services or private lines to an end-use customer, shall be considered to have two termination points, one on each customer location identified by the customer and served by the circuit. (B) The CTP shall count nonswitched telecommunications services or private lines by totaling the number of terminating points within a municipality. (C) A nonswitched telecommunications service shall be counted in the same manner regardless of the type of transmission media used to provide that service. (D) A terminating point shall be counted in, and attributed to, the municipality where that point is located. In the event a CTP is not able to identify the physical location of the terminating point, that point shall be attributed to the municipality identified by the CTP's billing systems. (E) Where dark (unlit) fiber is provided to an end-use customer who then lights it, the line shall be counted as a private line, by default, unless it is evident that it is used for providing switched services. (3) Central office based PBX-type services. The CTP shall count one access line for every ten stations served. (4) Voice service. (A) The CTP shall count each end-use customer provided voice service as one access line. Services that constitute vertical features of a voice service, or are bundled with the voice service shall not be counted as a separate access line. (B) In the event a CTP is unable to identify the physical location of an end-use customer utilizing voice service, but that end-use customer's billing address, as identified in the CTP's billing system, is located inside the boundaries of a municipality, the end-use customer's access line shall be attributed to the municipality where such billing address is located. (e) Lines to be counted. A CTP shall count the following access lines: (1) all access lines provided to a retail end-use customer; (2) all access lines provided as a retail service to other CTPs and resellers for their own end-use; (3) all access lines provided as a retail service to wireless telecommunication providers and interexchange carriers (IXCs) for their own end-use; (4) all access lines a CTP provides as employee concession lines and other similar types of lines; (5) all access lines provided as a retail service to a CTP's wireless and IXC affiliates for their own end-use, and all access lines provided as a retail service to any other affiliate for their own end-use; (6) dark fiber, to the extent it is provided as a service or is resold by a CTP and shall exclude lines sold and resold by non-CTPs; (7) any other lines meeting the definition of access line as set forth in §26.461 of this title; (8) Lifeline lines; (9) all retail pay telephone access lines; and (10) all lines that provide voice service delivered by means of owned facilities, unbundled network elements or leased facilities, or resale that are not otherwise counted under paragraphs (1) - (9) of this subsection. (f) Lines not to be counted. A CTP shall not count the following lines: (1) all lines that do not terminate at an end-use customer's premises; (2) lines used by providers who are not end-use customers such as CTP, wireless provider, or IXC for interoffice transport, or back-haul facilities used to connect such providers' telecommunications equipment; (3) lines used by a CTP's wireless and IXC affiliates who are not end-use customers, for interoffice transport, or back-haul facilities used to connect such affiliates' telecommunications equipment; (4) lines used by any other affiliate of a CTP for interoffice transport; and (5) any other lines that do not meet the definition of access line as set forth in §26.461 of this title. (g) Reporting procedures and requirements. (1) Who shall file. The record keeping, reporting and filing requirements listed in this section or in §26.467 of this title (relating to Rates, Allocation, Compensation, Adjustments and Reporting) shall apply to all CTPs in the State of Texas. (2) Initial reporting requirements. (A) No later than January 24, 2000, a CTP shall file its access line count using the commission-approved Form for Counting Access Line or Program for Counting Access Lines with the commission. The CTP shall report the access line count as of December 31, 1998, except as provided in subparagraph (C) of this paragraph. (B) A CTP shall not include in its initial report any access lines that are resold, leased, or otherwise provided to a CTP, unless it has agreed to a request from another CTP to include resold or leased lines as part of its access line report. (C) A CTP that cannot file access line count as of December 31, 1998 shall file request for good cause exemption and shall file the most recent access line count available for December, 1999. (D) A CTP shall not make a distinction between facilities and capacity leased or resold in reporting its access line count. (h) Exemption. Any CTP that does not terminate a franchise agreement or obligation under an existing ordinance shall be exempted from subsequent reporting pursuant to §26.467 of this title unless and until the franchise agreement is terminated or expires on its own terms. Any CTP that fails to provide notice to the commission and the affected municipality by December 1, 1999 that it elects to terminate its franchise agreement or obligation under an existing ordinance, shall be deemed to continue under the terms of the existing ordinance. Upon expiration or termination of the existing franchise agreement or ordinance by its own terms, a CTP is subject to the terms of this section. (i) Maintenance and location of records. A CTP shall maintain all records, books, accounts, or memoranda relating to access lines deployed in a municipality in a manner which allows for easy identification and review by the commission and, as appropriate, by the relevant municipality. The books and records for each access line count shall be maintained for a period of no less than three years. (j) Proprietary or confidential information. (1) The CTP shall file with the commission the information required by this section regardless of whether this information is confidential. For information that the CTP alleges is confidential and/or proprietary under law, the CTP shall file a complete list of the information that the CTP alleges is confidential. For each document or portion thereof claimed to be confidential, the CTP shall cite the specific provision(s) of the Texas Government Code, Chapter 552, that the CTP relies to assert that the information is exempt from public disclosure. The commission shall treat as confidential the specific information identified by the CTP as confidential until such time as a determination is made by the commission, the Attorney General, or a court of competent jurisdiction that the information is not entitled to confidential treatment. (2) The commission shall maintain the confidentiality of the information provided by CTPs, in accordance with the Public Utility Regulatory Act (PURA) §52.207. (3) If the CTP does not claim confidential treatment for a document or portions thereof, then the information will be treated as public information. A claim of confidentiality by a CTP does not bind the commission to find that any information is proprietary and/or confidential under law, or alter the burden of proof on that issue. (4) Information provided to municipalities under the Local Government Code, Chapter 283, shall be governed by existing confidentiality procedures which have been established by the commission in compliance with PURA §52.207. (5) The commission shall notify a CTP that claims its filing as confidential of any request for such information. (k) Report attestation. All filings with the commission pursuant to this section shall be in accordance with §22.71 of this title (relating to Filing of Pleadings, Documents and Other Materials) and §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to Be Filed With the Commission). The filings shall be attested to by an officer or authorized representative of the CTP under whose direction the report is prepared or other official in responsible charge of the entity in accordance with §26.71(d) of this title (relating to General Procedures, Requirements and Penalties). The filings shall include a certified statement from an authorized officer or duly authorized representative of the CTP stating that the information contained in the report is true and correct to the best of the officer's or representative's knowledge and belief after inquiry. (l) Reporting of access lines that have been provided by means of resold services or unbundled facilities to another CTP. This subsection applies only to a CTP reporting access lines under §26.467 of this title, that are provided by means of resold services or unbundled facilities to another CTP who is not an end-use customer. Nothing in this subsection shall prevent a CTP reporting another CTP's access line count from charging an appropriate, tariffed administrative fee for such service. (m) Commission review of the definition of access line. (1) Pursuant to the Local Government Code §283.003, not later than September 1, 2002, the commission shall determine whether changes in technology, facilities, or competitive or market conditions justify a modification of the adoption of the definition of \"access line\" provided by §26.461 of this title. The commission may not begin a review authorized by this subsection before March 1, 2002. (2) As part of the proceeding described by paragraph (1) of this subsection, and as necessary after that proceeding, the commission by rule may modify the definition of \"access line\" as necessary to ensure competitive neutrality and nondiscriminatory application and to maintain consistent levels of compensation, as annually increased by growth in access lines and consumer price index, as applicable, to the municipalities. (3) After September 1, 2002, the commission, on its own motion, shall make the determination required by this subsection at least once every three years.", "sourceNote": "Source Note: The provisions of this §26.465 adopted January 9, 2000, 25 TexReg 104; amended to be effective October 15, 2001, 26 TexReg 8041; amended to be effective March 26, 2003, 28 TexReg 2505; amended to be effective January 10, 2007, 32 TexReg 68." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=101166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "101166", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT" }, "rule": { "number": "§26.467", "label": "Rates, Allocation, Compensation, Adjustments and Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95777", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes the following: (1) rates for categories of access lines; (2) default allocation for municipalities; (3) adjustments to the base amount and allocation; (4) municipal compensation; and (5) associated reporting requirements. (b) Application. The provisions of this section apply to certificated telecommunication providers (CTPs) and municipalities in the State of Texas, unless specified otherwise in this section. (c) Rate determination. The sum of the amounts derived from multiplying the rate for each category of access line by the total number of access lines in that category in a municipality shall be equal to the base amount. The rate for each of the access line categories established pursuant to §26.461 of this title (relating to Access Line Categories) shall be calculated using a 1998 access line count in general accordance with the following formula: Attached Graphic(d) Estimating a 1998 access line count. If a CTP does not provide an actual 1998 access line count, the commission shall use the CTP's 1999 access line count, reported pursuant to §26.465 of this title (relating to Methodology for Counting Access Lines and Reporting Requirements for Certificated Telecommunications Providers), to derive an estimated 1998 access line count. (1) Estimating access line count for category 1 (residential) access lines. The estimated statewide growth rate for category 1 access lines in 1999 is 4.5%. This percentage is determined using the statewide growth rate for residential access lines as reported to the Texas Legislature in the 1997 and 1999 reports entitled \"Scope of Competition in Telecommunications Markets.\" The commission shall estimate a municipality's 1998 access line count for category 1 by discounting 4.5% from the 1999 line count for category 1 lines reported by a CTP. (2) Estimating access line count for category 2 (non-residential) and category 3 (point-to-point) access lines. The estimated statewide growth rate for category 2 and category 3 access lines in 1999 is 7.0%. This percentage is determined using the statewide growth rate for business access lines as reported to the Texas Legislature in the 1997 and 1999 reports entitled \"Scope of Competition in Telecommunications Markets.\" The commission shall estimate a municipality's 1998 access line count for category 2 and category 3 by discounting 7.0% from the 1999 line count for category 2 and category 3 lines reported by a CTP. (3) Municipal request for exception. (A) No later than March 15, 2000, a municipality may request the use of a municipality-specific growth rate(s), by category, for estimating its 1998 access line count, instead of using the estimated statewide growth rates determined under paragraphs (1) and (2) of this subsection. The municipality's request shall include its proposed growth rates(s), along with proof and methodology for deriving the growth rate(s), from public and verifiable sources. (B) No later than March 15, 2000, a municipality that requests to use a municipality-specific growth rate(s) shall provide a copy of its filing to all CTPs that have filed access line counts for the municipality. (C) No later than March 31, 2000, any CTP that has filed access line counts for that municipality may file objections to the municipality's proposed growth rate(s), if any. In order to be considered, an objection must include actual 1998 line count data for that municipality. (D) Until resolution of the request approval process, the estimated statewide growth rate(s) determined under paragraphs (1) and (2) of this subsection shall be used to determine the municipality's 1998 access line count. Upon resolution of any objections to the request approval process, the commission shall develop a new access line count for 1998 incorporating the new growth rate(s), by category, as appropriate. (e) Default allocation. The commission's default allocation shall be a ratio of 1:2.3:3.5 for access line categories 1, 2, and 3 respectively. This default allocation represents an average of all allocation ratios filed by municipalities with the commission pursuant to §26.463 of this title (relating to Calculation and Reporting of a Municipality's Base Amount). (1) The commission shall establish access line rates for municipalities using the default allocation unless a municipality has filed its own allocation pursuant to §26.463 of this title. (2) The access line rates established by the commission for municipalities using the default allocation shall remain in effect until a municipality updates its initial allocation pursuant to subsection (g) of this section or revises its allocation pursuant to subsection (h) of this section. (f) Initial rates. No later than March 1, 2000, the commission shall establish rates for each category of access line in a municipality. These rates shall be considered to be initial rates. The initial rates shall be implemented no later than 90 days from the date the commission establishes the rates. These initial rates shall remain in effect until the rates are updated pursuant to subsection (g) of this section or revised pursuant to subsection (h) of this section. (g) Updated rates. No later than April 14, 2000, the commission shall establish updated rates for each category of access line in a requesting municipality. The initial rates established under subsection (f) of this section shall be updated to incorporate municipal filings pursuant to paragraph (1) of this subsection and/or CTP filings pursuant to paragraph (2) of this subsection, as appropriate. Subject to approval by the commission, the updated municipal and CTP information shall be used to establish updated access line rates. The updated rates shall be in effect until revised pursuant to subsection (h) of this subsection. (1) Updates to municipal base amount filings. No later than March 31, 2000, a municipality may update its base amount and allocation filed with the commission pursuant to §26.463 of this title. No later than March 31, 2000, a municipality that filed a request to update its base amount and/or allocation shall forward a copy of its filing to all CTPs who have filed access line counts for the municipality. (A) Updates to base amount. A municipal filing for updates to base amount shall use a methodology for calculating the base amount that is consistent with §26.463 of this title, and shall include appropriate justification for the update. Appropriate justification may include: (i) receipt of late payments from CTPs attributable to 1998 usage of rights-of-way; (ii) reduction to judgment of disputed payments attributable to 1998 usage of rights-of-way; (iii) settlement of disputed payments attributable to 1998 usage of rights-of-way; (iv) eligibility under effective agreements or ordinances to receive a known and measurable amount due to specifically prescribed fee rate escalations provisions for the period between January 1, 2000 and March 1, 2000; and (v) an inadvertent base amount computational error. (B) Updates to allocation. A municipality that has filed with the commission its own allocation pursuant to §26.463 of this title may file an updated allocation no later than March 31, 2000. (2) Updates to CTP access line counts. No later than March 15, 2000, a CTP may request to update its access line count filed with the commission pursuant to §26.465 of this title. A CTP's request for updates to access line count shall use a methodology for counting access lines that is consistent with §26.465 of this title, and shall include appropriate justification for the update. Appropriate justification may include, but is not limited to: (A) an inadvertent access line count computational error; (B) reconciliation of reported retail and resold access line lines; and (C) access line counting issues associated with merger, sale, or transfer of CTPs. (3) Choosing lower than maximum rate(s). The rates obtained by applying the allocation to the base amount and dividing the amounts allocated to each category by the appropriate number of access lines in that category in a municipality shall be considered to be maximum rates for a municipality. No later than March 31, 2000, a municipality that wishes to choose lower access line rate(s) than the maximum initial rates established under subsection (f) of this section, shall notify the commission and all CTPs that filed access line counts for that municipality of the lower access line rate(s) it chooses. If a municipality's request to choose lower initial rate(s) is higher than its updated rates, the updated rates shall remain in effect until revised pursuant to subsection (h) of this section. (h) Revised rates. No later than October 15 of each calendar year, upon request from a municipality pursuant to paragraphs (l) and (2) of this subsection, the commission shall establish revised access line rates for each category of access line in a municipality, as applicable. A CTP shall apply the revised rates to access lines in a municipality in January of the next calendar year and compensate a municipality pursuant to the revised rates. (1) Adjustments within established rates. No later than September 1 of each calendar year, a municipality may change its rates within the maximum rates by notifying the commission and all CTPs in that municipality that its wishes to revise its access line rate for the next calendar year. In its notification to the commission and the CTPs, the municipality shall indicate the rates that it wishes to have the commission apply in the next calendar year. Upon such notification, the commission shall revise the rates accordingly. (2) Revising allocation formula. No later than September 1 of each calendar year, and not more than once every 24 months, a municipality may petition a modification of the default allocation or its own allocation by notifying the commission and all affected CTPs in the municipality. In its notification to the commission and the CTPs, the municipality shall designate the allocation that it wishes to have the commission apply in the next calendar year. (i) Resolution of municipal allocations. (1) The commission shall implement a municipality's allocation unless, the commission determines that the allocation is not just and reasonable, is not competitively neutral, or is discriminatory. (2) No later than March 15, 2000 any affected CTP may complain regarding a municipality's initial allocation filed pursuant to §26.463 of this title. No later than April 7, 2000 any affected CTP may complain regarding a municipality's updated allocation filed pursuant to subsection (g)(1)(B) of this section. No later than September 15 of any calendar year any affected CTP may complain regarding a municipality's revised allocation filed pursuant to subsection (h)(2) of this section. (3) Where the market price of a telecommunications service is less than or equal to the amount derived from multiplying the access line rates with the number of access lines used to provide that service, the allocation used to develop the access line rate shall be presumed to be discriminatory, not just and reasonable and not competitively neutral. (j) Consumer price index (CPI) adjustment to commission-established rates. Beginning 24 months after the commission establishes access line rates, the commission shall annually adjust the rates per access line by category for each municipality by an amount equal to one-half the annual change, if any, in the most recent consumer price index (CPI), as determined by the Federal Bureau of Labor Statistics. (k) CTP implementation of commission-established rates. The requirements listed in this subsection shall apply to all CTPs in the State of Texas, except those exempted pursuant to §26.465 of this title. (1) Interim compensation. CTPs shall continue to compensate municipalities at the rates required under the terms of the expired or terminated agreements or ordinances until the CTP implements the commission-established rates. A CTP not subject to an existing franchise agreement or ordinance that wants to construct facilities to offer telecommunications services in the municipality shall pay fees that are competitively neutral and non-discriminatory, consistent with the charges of the most recent agreement or ordinance between the municipality and the CTP serving the largest number of access lines within the municipality until the right-of-way fees established by the commission take effect. (2) Billing systems. A CTP shall develop and maintain billing systems as necessary to implement access line rates, by category, as established by the commission. These systems must be sufficient to substantiate compliance with the access line reporting requirements in this section. (3) Quarterly compensation and reporting. All CTPs are responsible for reporting to the commission their own quarterly access line count report and compensating each municipality, absent a reporting arrangement as described in subsection (l) of this section. All CTPs shall implement commission-established rates for each quarter. Unless otherwise specified, periodic reporting shall be consistent with this subsection and §26.465 of this title. (A) Quarterly access line count report. (i) No later than 45 days from the end of the preceding calendar quarter, a CTP shall file a quarterly access line count report for the preceding calendar quarter with the commission. (ii) The quarterly access line count report shall include a count of the number of access lines, by category, by municipality, for the end of each month of the preceding quarter. (iii) If a CTP deducts or includes a direct write-off pursuant to subsection (m)(2) of this section, the CTP shall complete a reconciliation report, showing a monthly delineation of the amount added to the total payment due to previously uncollectible direct write-offs, and the amount deducted from the total payment due to direct write-offs. This report shall be part of the quarterly access line count report filing.(iv) The report shall exclude lines that are resold, leased or otherwise provided to other CTPs unless the CTP is reporting on behalf of another CTP pursuant to subsection (l) of this section. (v) The CTP contact person listed in the Municipal Access Line Reporting System (MARS) at the time that the quarterly access line counts are entered for each quarter shall be the duly authorized representative of the CTP who certifies that the information contained in the report is based upon personal knowledge and is true and correct. (vi) The CTP shall respond to any request for additional information from the commission within 30 days from receipt of the request. (vii) Reports required under this subsection may be used by the commission only to verify the number of access lines that serve customer premises within a municipality. (viii) On request and subject to the confidentiality protections of the Local Government Code, §283.005, each CTP shall provide each affected municipality with a copy of the report required by this subsection. (B) Compensation. (i) All CTPs shall apply the most recent commission-established rates to access lines in a municipality. (ii) The municipal compensation shall be an amount equal to the rate per category of access line multiplied by the number of access lines in that category in that municipality at the end of each month in a calendar quarter as reflected in reports filed pursuant to subparagraph (A) of this paragraph. (iii) All payments for calendar quarters shall be made no later than 45 days from the end of that quarter. (4) Adequate proof of reporting and compensation responsibilities. (A) Definition of \"underlying CTP\" and \"reselling CTP.\" (i) An underlying CTP is a CTP that owns facilities or provides facilities or capacity to another CTP in the rights-of-way of municipalities. (ii) A reselling CTP is a CTP to whom an underlying CTP resold, leased or otherwise provided access lines that extend to the end-use customer's premises. (B) For the purposes of this paragraph, \"adequate proof\" shall consist of a written agreement that specifically cites, and assigns responsibility for compliance with, the Texas Local Government Code, Chapter 283, and the reporting and compensation requirements of this subchapter. (C) To ensure that each CTP reports and compensates municipalities for those lines that it uses to serve end-use customers, underlying CTPs and their reselling CTPs shall, as part of their business relationship, enter into an agreement that meets the adequate proof standard of this paragraph. (D) An underlying CTP shall obtain adequate proof that the reselling CTP will directly report its lines and remit the related payments to municipalities. (E) A reselling CTP must provide adequate proof to the underlying CTP upon request. (F) The underlying CTP must acquire this adequate proof within 90 days of the effective date of this section, at the time of the signing of an initial interconnection agreement, or at the time of signing its agreement for the provision of services if the parties do not have an interconnection agreement (G) If the underlying CTP fails to obtain adequate proof that the reselling CTP will include the access line in its monthly count and remit payment on those access lines to the municipality, the underlying CTP must include such lines in its monthly count of access lines and remit a right-of-way fee to the municipality. (H) A CTP, whether an underlying CTP or reselling CTP, shall make its adequate proof agreements available for review by municipalities and the commission upon request. (l) Alternate reporting and compensation arrangements. Notwithstanding any other subsection, a CTP shall be subject to the following terms when making alternate reporting and compensation arrangements. (1) For the purposes of this subsection, \"underlying CTP\" and \"reselling CTP\" shall have the same meanings as assigned in subsection (k) of this section. (2) Designated reporting party. A CTP may reach a written agreement separate from any other agreement, including the adequate proof agreement, to have a designated reporting party fulfill the reporting and compensation requirements of this section on its behalf. If the CTP is a reselling CTP, the designated reporting party may be the underlying CTP. (A) If such an agreement is reached, the designated reporting party shall file the quarterly access line count report in each municipality, by category, on behalf of the CTP, and also compensate the municipality for those lines. (B) The designated reporting party shall file the quarterly access line count report for each municipality, by category, with the commission on a disaggregated basis by CTP. (C) Nothing in this subsection shall prevent a designated reporting party from charging a reasonable administrative fee for reporting and compensating a municipality on behalf of a CTP. (D) Nothing in this subsection shifts the liability from a CTP, reselling or otherwise, for non-payment of municipal compensation and failure to report pursuant to this section. (3) Affiliates. A CTP may file access line reports and remit payments for itself and its affiliates that are CTPs on an aggregated basis. If the CTP does so, the CTP shall include a list of the affiliates and their certification numbers in its quarterly access line count report. (m) Pass-through. A CTP recovering its municipal compensation from its customers within the boundaries of a municipality shall not recover a total amount greater than the sum of the amounts derived from the multiplication of access line rates by the number of lines, per category, for that municipality. Pass-through of the commission's rates established under this chapter shall be considered to be a pro rata charge to customers. (1) Where a CTP chooses to pass through the municipal fee to its customers such CTP shall not pass through any costs associated with its administration of municipal fees. The pass-through amount shall not exceed the access line rate, by category, established by the commission for that municipality. (2) A CTP shall be allowed to deduct from its current payment any amounts that are direct write-offs as a result of its collection efforts. Any amounts subsequently recovered from the customer after the direct write-offs shall be included in the amounts payable to each affected municipality in the month(s) received. There shall be no reduction in payment for any estimated uncollectible allowances reported for financial purposes by the CTP. (3) Beginning January 1, 2001, on request from the commission, a CTP shall report the amounts collected in municipal fees from customers and the municipal fees paid to municipalities for a period determined by the commission. This report shall be filed with the commission by the CTP no later than 60 days from the date the CTP receives this request. (n) Compensation from customers of lifeline or other low-income assistance programs. A municipality may choose to forgo municipal compensation from access lines serving Lifeline customers or customers of other similar low-income assistance programs. A municipality electing this option shall notify all CTPs in the municipality of this decision before September 1 on any given year. Upon receipt of such notification, CTPs shall exclude such end-use customers from their quarterly access line count, not pass through a municipal fee to such end-use customers for the next calendar year, and shall be relieved of any obligation to pay fees on such access lines to the municipality.", "sourceNote": "Source Note: The provisions of this §26.467 adopted to be effective March 1, 2000, 25 TexReg 1601; amended to be effective August 15, 2000, 25 TexReg 7691; amended to be effective January 10, 2002, 27 TexReg 382; amended to be effective March 26, 2003, 28 TexReg 2511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95777", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT" }, "rule": { "number": "§26.468", "label": "Procedures for Standardized Access Line Reports and Enforcement Relating to Quarterly Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119806", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section standardizes access line reports and implements enforcement procedures relating to quarterly reporting.(b) Application. The section applies to all certificated telecommunications providers (CTPs) operating in municipalities in the State of Texas.(c) Definition. The following words and terms, when used in this section, shall have the following meaning unless the context clearly indicates otherwise:(1) Certificated telecommunications provider (CTP)--As defined under Local Government Code §283.002.(2) Municipal Access Line Reporting System (MARS)--An Internet Web application designed for the reporting of quarterly access line counts.(3) Exemption--As defined in §26.465(h) of this title (relating to Methodology for Counting Access Lines and Reporting Requirements for Certificated Telecommunications Providers).(A) Fully exempt CTP--A CTP claiming exemption that has no access lines to report for any municipalities participating in the fee-per-access line compensation scheme, as required under §26.467 of this title (relating to Rates, Allocation, Compensation, Adjustments and Reporting).(B) Partially exempt CTP--A CTP claiming exemption that is also operating in and has access lines to report for other municipalities participating under the fee-per-access-line compensation scheme, as required under §26.467 of this title.(d) Reporting procedures. All CTPs shall file the Quarterly Access Line Reports as required under §26.467 of this title electronically using the MARS, unless the CTP is fully exempt as defined in subsection (c)(3)(A) of this section.(1) CTPs with municipal access lines. CTPs shall file all access lines by municipality pursuant to §26.467(k)(3) of this title.(2) CTPs with no municipal access lines. CTPs with no access lines in the State of Texas shall file \"Zero Access Lines in Texas.\"(e) Exemption.(1) All exempt CTPs. Both fully and partially exempt CTPs shall:(A) by August 15, 2002, file a notarized document listing the municipalities in which it is operating under existing municipal franchise agreements; and(B) if the notarized list in subparagraph (A) of this paragraph should change, file an updated notarized list no later than the 45 days from the end of the preceding calendar quarter.(2) All fully exempt CTPs. All fully exempt CTPs shall:(A) by August 15, 2002, use the MARS to claim the exemption;(B) subsequently, no later than 45 days from the end of the preceding calendar quarter, use the MARS to renew this exemption; and(C) discontinue renewing this exemption if the CTP should become a partially exempt CTP.(f) Failure to comply. Failure to comply with subsection (d) of this section is subject to administrative penalties pursuant to §22.246 of this title (relating to Administrative Penalties). Instances of noncompliance include, but are not limited to:(1) failure to report;(2) untimely reporting; and(3) inaccurate reporting.(g) Factors to consider in imposing penalties. Failures to comply, as delineated in subsection (f) of this section, are subject to administrative penalties, procedures, and factors set forth in §22.246 of this title. In assessing the administrative penalties, the commission shall take into consideration additional factors which include, but are not limited to:(1) impact of inaccurate or delayed reporting on municipalities;(2) the number of days the report was filed late; and(3) history of previous violations.", "sourceNote": "Source Note: The provisions of this §26.468 adopted to be effective August 5, 2002, 27 TexReg 6847." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119806", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "26", "label": "SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS" }, "subchapter": { "number": "R", "label": "PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT" }, "rule": { "number": "§26.469", "label": "Municipal Authorized Review of a Certificated Telecommunication Provider's Business Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219437", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section establishes uniform guidelines for a municipal authorized review of a certificated telecommunications provider's (CTP) access line reports, pursuant to Texas Local Government Code §283.056(c)(3).(b) Application. This section applies to all municipalities and CTPs in the State of Texas except to the extent exempt under §26.468(c) of this title (relating to Procedures for Standardized Access Line Reports and Enforcement Relating to Quarterly Reporting).(c) Municipal Authorized Review Procedural Guidelines(1) Municipalities are encouraged to informally ask questions about access line counts or municipal fee payments with the appropriate CTP in a timely manner. CTPs are encouraged to provide reasonable answers to access line count and municipal fee payment questions of the municipalities in a timely manner.(2) Not later than 90 days after the filing of a CTP's quarterly report of access lines, as required by §26.468 of this title, a municipality shall notify a CTP of its intent to conduct an authorized review of the CTP's business records to ensure compliance with access line reporting requirements. This notification shall be in writing and sent via certified mail to the CTP contact person named on the commission's Municipal Access Line Reporting System (MARS) website and shall include a summary of the municipality's concern(s) and/or reason(s) for the review. Such notice may be modified and amended in a subsequent written notice using the same process.(3) Not later than 21 days from the CTP's receipt of notice under paragraph (2) of this subsection, the CTP shall provide to the requesting municipality a written list of the types of business records that are necessary to conduct an authorized review as requested in the notice, with brief descriptions for identification purposes.(4) The municipality shall determine which business records from the list provided by the CTP will be subject to review and provide written notice to the CTP. The CTP shall provide the requested business records within 30 days from the municipality's written request. The CTP shall provide the business records to the municipality in the following manner:(A) The CTP shall provide access to the requested business records on its premises.(B) The on-premises review shall be conducted at the principal Texas office of the CTP, unless otherwise agreed by the CTP and the municipality.(C) Business records shall remain the property of the CTP and may not be removed or reproduced without the express written permission of the CTP.(D) Business records may be produced in a compatible electronic format or paper copy at the discretion of the CTP.(5) A CTP may redact customer-specific proprietary information as necessary for compliance with federal or state law. Information deemed confidential or proprietary by the CTP must be so noted, and each participating party and its representative(s) shall protect such confidential or proprietary information as provided in Texas Local Government Code §283.005. CTPs may require all persons participating in the authorized review to execute a non-disclosure agreement prior to providing access to documents or other information.(d) Commission Resolution of Disputed Issues(1) Informal dispute resolution. If cooperative efforts between the parties have failed to resolve all issues related to the authorized review, the commission staff may mediate any dispute(s) filed by the CTP or the municipality.(2) Formal complaint to the commission. A formal complaint may be filed with the commission by either a CTP or Municipality to resolve remaining disputed issues not settled by informal dispute resolution pursuant to paragraph (1) of this subsection. The commission shall provide notice of the filing of a formal complaint to all municipalities and all CTPs in accordance with established commission procedural rules.", "sourceNote": "Source Note: The provisions of this §26.469 adopted to be effective May 1, 2005, 30 TexReg 2500." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219437", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§27.21", "label": "Commission Employee Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219438", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Training,\" as used in this section, means instruction, teaching, or other education received by a commission employee that is not normally received by all commission employees and that is designed to enhance the ability of the employee to perform the employee's job.(1) The term includes a course of study at an institution of higher education, as defined by Texas Education Code §61.003(8), if the commission spends money to assist the employee to meet the expense of the course of study or pays salary to the employee to undertake the course of study as an assigned duty.(2) The term does not include instruction, teaching, or other education that is required either by state or federal law or that is determined necessary by the commission and offered to all commission employees performing similar jobs.(b) The commission may make public funds available to its employees for training in accordance with the State Employees Training Act, Texas Government Code §§656.041- 656.104. The State Employees Training Act allows the commission to spend public funds to pay the salary, tuition and other fees, travel and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student, or other participant in a training program.(c) Training paid for, in part or in whole, by the commission, or training undertaken by an employee of the commission as an assigned duty, must be related to the duties or prospective duties of the employee.(d) Employees may be required to complete training related to the employee's duties or prospective duties.(e) Requirements for eligibility and participation in training must be in accordance with this section and the commission's current employee handbook.(f) Permission to participate in training, including commission-sponsored training, must not in any way affect an employee's at-will status or constitute a guarantee of continued employment, nor will it constitute a guarantee or indication of future employment in a prospective position.(g) Permission to participate in any training may be denied or withdrawn at the discretion of the commission's executive director for any reason, including a determination that participation may negatively impact the employee's job duties or performance.(h) Permission to participate in any training may be contingent upon reasonable requirements set in writing in advance by the employee's supervisor. If pre-determined requirements are not met:(1) Permission to participate or continue participating in the training may be denied or withdrawn; or(2) The employee may be, at the discretion of the commission's executive director, required to repay the commission any amounts paid toward the training.(i) For an authorized training program offered by an institution of higher education or a private or independent institution of higher education: the commission will only reimburse the tuition expenses for each program course successfully completed by the employee at an accredited institution of higher education (including online courses or courses not credited towards a degree); and the commission's executive director must authorize the tuition reimbursement payment before the employee may be reimbursed.(j) An employee who does not perform the employee's regular duties for three or more months as result of training paid for by the commission must:(1) work for the commission following the training for at least one month for each month of the training period; or(2) repay the commission for all the costs associated with the training that were paid during the training period, including any amounts of the employee's salary that were paid for time spent on training and were not accounted for as paid vacation or compensatory leave, and any reasonable expenses the commission incurs in obtaining restitution, including reasonable attorney's fees.(k) The commission's executive director may require an employee who requests full or partial payment or reimbursement of tuition for training necessary to obtain a degree or certification to agree in writing before payment or reimbursement is made to pay the commission for any amounts paid if the employee voluntarily leaves employment with the commission within one year after the training is completed.(1) Amounts paid by the commission will be prorated to credit any full calendar month of employment following completion of the training.(2) This subsection only applies to an employee to whom subsection (j) of this section does not apply because the employee either continued to perform the employee's regular duties during training or did not perform the employee's regular duties for a period of time during training that was less than three months.(l) The commission may waive the requirements prescribed under subsection (j) of this section by an order adopted in a public meeting if the commission finds that such action is in the best interest of the commission or is warranted because of an extreme personal hardship suffered by the employee.(m) Before an employee receives training that will be paid for by the commission and during which the employee will not be performing the employee's regular duties for three months or more, the employee must agree in writing to comply with the requirements prescribed under subsection (j) of this section.(n) All materials received by an employee through commission-funded training are the property of the commission.", "sourceNote": "Source Note: The provisions of this §27.21 adopted to be effective June 29, 2017, 42 TexReg 3269; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219438", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "B", "label": "HISTORICALLY UNDERUTILIZED BUSINESSES" }, "rule": { "number": "§27.31", "label": "Historically Underutilized Business Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85076", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission adopts by reference the rules of the Comptroller of Public Accounts in 34 Texas Administrative Code (TAC) §§ 20.282, 20.284, 20.285, 20.296, and 20.297, relating to the Historically Underutilized Business Program.", "sourceNote": "Source Note: The provisions of this §27.31 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective June 1, 2008, 33 TexReg 4133; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85076", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.61", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85073", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this Subchapter is to establish rules for the efficient resolution of contract disputes between contractors and the commission pursuant to the Texas Government Code, Chapter 2260.", "sourceNote": "Source Note: The provisions of this §27.61 adopted to be effective February 22, 2001, 26 TexReg 1493." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85073", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.63", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219439", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter does not apply to an action of the commission for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.(b) This subchapter does not apply to a contract action proposed or taken by the commission for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Texas Government Code, Chapter 2001.(c) This subchapter does not apply to contracts:(1) between the commission and the federal government or its agencies, another state or another nation;(2) between the commission and another unit of state government;(3) between the commission and a local governmental body, or a political subdivision of another state;(4) between a subcontractor and a contractor;(5) subject to the Transportation Code §201.112;(6) within the exclusive jurisdiction of state or local regulatory bodies;(7) within the exclusive jurisdiction of federal courts or regulatory bodies; or(8) that are solely and entirely funded by federal grant monies other than for a project defined in §27.65(10) of this title (relating to Definitions).", "sourceNote": "Source Note: The provisions of this §27.63 adopted to be effective February 22, 2001, 26 TexReg 1493." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219439", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.65", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85070", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, have the following meaning, unless the context clearly indicates otherwise:(1) Chief administrative officer--The executive director of the commission or their designee.(2) Claim--A demand for damages by the contractor based upon the commission's alleged breach of the contract.(3) Commission--The Public Utility Commission of Texas.(4) Contract--A written contract between the commission and a contractor by the terms of which the contractor agrees either:(A) to provide goods or services, by sale or lease, to or for the commission; or(B) to perform a project as defined by Texas Government Code, §2166.001.(5) Contractor--Independent contractor who has entered into a contract directly with the commission. The term does not include:(A) the contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor;(B) an employee of the commission; or(C) a student at an institution of higher education.(6) Counterclaim--A demand by the commission based upon the contractor's claim.(7) Day--Calendar days, not working days, unless otherwise specified by this chapter.(8) Event--An act or omission or a series of acts or omissions giving rise to a claim. The following list contains illustrative examples of events, subject to the specific terms of the contract:(A) Examples of events in the context of a contract for goods or services include:(i) the failure of the commission to timely pay for goods and services;(ii) the failure of the commission to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the commission for work not performed under the contract or in substantial compliance with the contract terms;(iii) the suspension, cancellation, or termination of the contract;(iv) final rejection of the goods or services tendered by the contractor, in whole or in part;(v) repudiation of the entire contract prior to or at the outset of performance by the contractor; or(vi) withholding liquidated damages from final payment to the contractor.(B) Examples of events in the context of a project:(i) the failure to timely pay the unpaid balance of the contract price following final acceptance of the project;(ii) the failure to make timely progress payments required by the contract;(iii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the commission for work not performed under the contract or in substantial compliance with the contract terms;(iv) the failure to grant time extensions to which the contractor is entitled under the terms of the contract;(v) the failure to compensate the contractor for occurrences for which the contract provides a remedy;(vi) suspension, cancellation or termination of the contract, other than by the terms provided for in the contract;(vii) rejection by the commission, in whole or in part, of the \"work\", as defined by the contract, tendered by the contractor;(viii) repudiation of the entire contract prior to or at the outset of performance by the contractor;(ix) withholding liquidated damages from final payment to the contractor; or(x) refusal, in whole or in part, of a written request made by the contractor in strict accordance with the contract to adjust the contract price, the contract time, or the scope of work.(C) The lists in subparagraphs (A) and (B) of this paragraph should not be considered exhaustive but are merely illustrative in nature.(9) Mediation--A voluntary form of dispute resolution in which an impartial person facilitates communication between parties to promote negotiation and settlement of disputed issues.(10) Working day--A day on which the commission is open for the conduct of business.(11) Goods--Supplies, materials or equipment.(12) Parties--The contractor and the commission that have entered into a contract in connection with which a claim of breach of contract has been filed under this subchapter.(13) Project--As defined in Texas Government Code §2166.001, a building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of:(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and(B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.(14) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of the commission.(15) Unit of state government or unit--The state or an agency, department, commission (including the Public Utility Commission), bureau, board, office, council, court, or other state entity that is in any branch of state government that is created by the Texas Constitution, or statute of this state, including a university system or institution of higher education. The term does not include:(A) a county;(B) municipality;(C) court of a county or municipality;(D) special purpose district; or(E) other political subdivision of the state.", "sourceNote": "Source Note: The provisions of this §27.65 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85070", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.67", "label": "Prerequisites to Suit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219440", "queryAsDate": "03/11/2026" }, "ruleBody": "The procedures contained in this subchapter are exclusive and required prerequisites to suit under the Civil Practice & Remedies Code, Chapter 107, and the Texas Government Code, Chapter 2260.", "sourceNote": "Source Note: The provisions of this §27.67 adopted to be effective February 22, 2001, 26 TexReg 1493." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219440", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.69", "label": "Sovereign Immunity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219448", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter does not waive the commission's sovereign or governmental immunity to suit or liability.", "sourceNote": "Source Note: The provisions of this §27.69 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219448", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.81", "label": "Notice of Claim of Breach of Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219449", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contractor asserting a claim of breach of contract under the Texas Government Code, Chapter 2260, must file notice of the claim as provided by this section.(b) The notice of claim must:(1) be in writing and signed by the contractor or the contractor's authorized representative;(2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the officer of the commission designated in the contract to receive a notice of claim of breach of contract under the Texas Government Code, Chapter 2260; if no person is designated in the contract, the notice must be delivered to the commission's chief administrative officer, and(3) state in detail:(A) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed.(c) In addition to the mandatory contents of the notice of claim as required by subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the commission's evaluation of the contractor's claim.(d) The notice of claim must be delivered no later than 180 days after the date of the event that the contractor asserts as the basis of the claim.", "sourceNote": "Source Note: The provisions of this §27.81 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219449", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.83", "label": "Agency Counterclaim" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission asserting a counterclaim under the Texas Government Code, Chapter 2260, will file notice of the counterclaim as provided by this section.(b) The notice of counterclaim will:(1) be in writing;(2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and(3) state in detail:(A) the nature of the counterclaim;(B) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(C) the legal theory supporting the counterclaim.(c) In addition to the mandatory contents of the notice of counterclaim required by subsection (b) of this section, the commission may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the commission's counterclaim.(d) The notice of counterclaim will be delivered to the contractor no later than 90 days after the commission's receipt of the contractor's notice of claim.(e) Nothing herein precludes the commission from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.", "sourceNote": "Source Note: The provisions of this §27.83 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219441", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.85", "label": "Request for Voluntary Disclosure of Additional Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219442", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon the filing of a claim or counterclaim, a party may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including:(1) accounting records;(2) correspondence, including communications between the commission and outside consultants the other party utilized in preparing its bid solicitation or any part thereof or in administering the contract, and correspondence between the contractor and its subcontractors, materialmen, and vendors;(3) schedules;(4) any relevant internal memoranda of the other party;(5) documents created by the other party in preparing its offer to the commission and documents created by the commission in analyzing the offers it received in response to a solicitation.(b) Subsection (a) of this section applies to all information in the parties' possession regardless of the manner in which it is recorded, including paper and electronic media.(c) The contractor and the commission may seek additional information directly from third parties, including the commission's third party consultants and the contractor's subcontractors.(d) Nothing in this section requires any party to disclose the requested information or any matter that is privileged under Texas or federal law.(e) Material submitted under this subsection and claimed to be confidential by the contractor must be handled in accordance with the requirements of the Public Information Act, Texas Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §27.85 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219442", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.87", "label": "Duty to Negotiate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219446", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties must negotiate in accordance with the timetable established by §27.89 of this title (relating to Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation.", "sourceNote": "Source Note: The provisions of this §27.87 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219446", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.89", "label": "Timetable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219443", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Following receipt of a contractor's notice of claim, the chief administrative officer of the commission or other designated representative will review each claim of the contractor and each counterclaim of the commission if any, and initiate negotiations with the contractor to attempt to resolve each claim and counterclaim.(b) Subject to subsection (c) of this section, the parties must begin negotiations within a reasonable period of time, not to exceed 60 days following the later of:(1) the date of termination of the contract;(2) the completion date, or substantial completion date in the case of construction projects, in the original contract; or(3) the date the commission receives the contractor's notice of claim.(c) The commission may delay negotiations until the 180th day after the date of the event giving rise to the claim of breach of contract by:(1) delivering written notice to the contractor that the commencement of negotiations will be delayed; and(2) delivering written notice to the contractor when the commission is ready to begin negotiations.(d) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadlines prescribed by subsections (b) or (c) of this section, whichever is applicable.(e) Subject to subsection (f) of this section, the parties must complete the negotiations that are required by this chapter as a prerequisite to a contractor's request for contested case hearing no later than 270 days from the date the commission received the contractor's notice of claim.(f) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the commission receives the contractor's notice of claim. The agreement must be signed by representatives of the parties with authority to bind each respective party and must provide for the extension of the statutory negotiation period until a date certain. The parties may enter into a series of written extension agreements that comply with the requirements of this section.(g) The contractor may request a contested case hearing before the State Office of Administrative Hearings (SOAH) in accordance with §27.99 of this title (relating to Request for Contested Case Hearing) 270 days from the date the commission received the contractor's notice of claim, or the expiration of any extension agreed to under subsection (f) of this section.(h) The parties may agree to mediate the dispute at any time before 270 days from the date the commission received the contractor's notice of claim or before the expiration of any extension agreed to by the parties in accordance with subsection (f) of this section. The mediation must be governed by Division 3 of this subchapter (relating to Mediation of Contract Disputes).(i) Nothing in this section prohibits the parties from agreeing to commence negotiations earlier than the deadlines established in subsections (b) and (c) of this section, or from continuing or resuming negotiations after the contractor requests a contested case hearing before SOAH.", "sourceNote": "Source Note: The provisions of this §27.89 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219443", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.91", "label": "Conduct of Negotiation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219444", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including negotiation in person, by telephone, by digital or physical mail correspondence, by video conference, or by any other method that permits the parties to identify their respective positions, discuss their respective differences, confer with their respective advisers, exchange offers of settlement, and settle.(b) The parties may conduct negotiations with the assistance of one or more neutral third parties. If the parties choose to mediate their dispute, the mediation must be conducted in accordance with Division 3 of this subchapter (relating to Mediation of Contract Disputes). Parties may choose an assisted negotiation process other than mediation, including processes such as those described in Division 4 of this subchapter (relating to Assisted Negotiation Processes).(c) To facilitate the meaningful evaluation and negotiation of each claim and, as applicable, each counterclaim, the parties may exchange relevant documents that support their respective claims, defenses, counterclaims or positions.(d) Material submitted under this subsection and claimed to be confidential by the contractor must be handled in accordance with the requirements of the Public Information Act, Texas Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §27.91 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219444", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.93", "label": "Settlement Approval Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85083", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties' settlement approval procedures must be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties must select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §27.93 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85083", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.95", "label": "Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219445", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.(b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the commission who have authority to bind each respective party.(c) A partial settlement does not waive a party's rights under the Texas Government Code, Chapter 2260, as to the parts of the claims or counterclaims that are not resolved.", "sourceNote": "Source Note: The provisions of this §27.95 adopted to be effective February 22, 2001, 26 TexReg 1493." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219445", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.97", "label": "Costs of Negotiation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219447", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the parties agree otherwise, each party is responsible for its own costs incurred in connection with a negotiation, including the costs of attorney's fees, consultant's fees and expert's fees.", "sourceNote": "Source Note: The provisions of this §27.97 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219447", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.99", "label": "Request for Contested Case Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219450", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contractor may file a request with the commission for a contested case hearing before the State Office of Administrative Hearings (SOAH) if a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this subchapter 270 days from the date:(1) the commission receives the notice of the claim; or(2) the expiration of any extension agreed to by the parties in accordance with §27.89(f) of this title (relating to Timetable),(b) A request for a contested case hearing must state the legal and factual basis for the claim, and must be delivered to the chief administrative officer of the commission or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to in accordance with §27.89(f) of this title.(c) The commission must forward the contractor's request for contested case hearing to SOAH within a reasonable period of time, not to exceed thirty days, after receipt of the request.(d) The parties may agree to submit the case to SOAH 270 days from the date the notice of claim is received by the commission if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.", "sourceNote": "Source Note: The provisions of this §27.99 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219450", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.111", "label": "Mediation Timetable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219451", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The contractor and commission may agree to mediate the dispute at any time 270 days from the date the commission receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing.(b) A contractor and the commission may mediate the dispute even after the case has been referred to the State Office of Administrative Hearings (SOAH) for a contested case. SOAH may also refer a contested case for mediation in accordance with its own rules and guidelines, regardless of whether the parties have previously attempted mediation.", "sourceNote": "Source Note: The provisions of this §27.111 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219451", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.113", "label": "Conduct of Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219452", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose their own judgment on the issues for that of the parties. The mediator must be acceptable to both parties.(b) The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code, Chapter 2009.(c) To facilitate a meaningful opportunity for settlement, the parties must, to the extent possible, select representatives who are knowledgeable about the dispute, who are in a position to reach agreement, or who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §27.113 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219452", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.115", "label": "Agreement to Mediate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219453", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Parties may agree to use mediation as an option to resolve a breach of contract claim at the time they enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both parties agree.(b) Any agreement to mediate must include consideration of the following factors:(1) The source of the mediator. Potential sources of mediators include governmental officers or employees who are qualified as mediators under Civil Practice and Remedies Code, §154.052, private mediators, the State Office of Administrative Hearings (SOAH), the Center for Public Policy Dispute Resolution at The University of Texas School of Law, an alternative dispute resolution system created under Civil Practice and Remedies Code, Chapter 152, or another state or federal agency or through a pooling agreement with several state agencies. Before naming a mediator source in a contract, the parties must contact the mediator source to be sure that it is willing to serve in that capacity. In selecting a mediator, the parties must use the qualifications set forth in subsection §27.117 of this title (relating to Qualifications and Immunity of the Mediator).(2) The time period for the mediation. The parties must allow enough time in which to make arrangements with the mediator and attending parties to schedule the mediation, to attend and participate in the mediation, and to complete any settlement approval procedures necessary to achieve final settlement. While this time frame can vary according to the needs and schedules of the mediator and parties, it is important that the parties allow adequate time for the process.(3) The location of the mediation, including whether the mediation will be held in-person or through a digital medium.(4) Allocation of costs of the mediator.(5) The identification of each representative who will attend the mediation on behalf of the parties, if possible, by name or position within the commission or contracting entity.(6) The settlement approval process in the event the parties reach agreement at the mediation.", "sourceNote": "Source Note: The provisions of this §27.115 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219453", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.117", "label": "Qualifications and Immunity of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85090", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The mediator must possess the qualifications required under Civil Practice and Remedies Code, §154.052, be subject to the standards and duties prescribed by Civil Practice and Remedies Code, §154.053, and have the qualified immunity prescribed by Civil Practice and Remedies Code, §154.055, if applicable.(b) The parties must decide whether, and to what extent, knowledge of the subject matter and experience in mediation would be advisable for the mediator.(c) The parties must obtain from the prospective mediator the ethical standards that will govern the mediation.", "sourceNote": "Source Note: The provisions of this §27.117 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85090", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.119", "label": "Confidentiality of Mediation and Final Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219454", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A mediation conducted under Division 3 of this subchapter is confidential in accordance with Texas Government Code, §2009.054.(b) The confidentiality of a final settlement agreement to which the commission is a signatory that is reached as a result of the mediation is governed by Texas Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §27.119 adopted to be effective February 22, 2001, 26 TexReg 1493." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219454", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.121", "label": "Costs of Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219455", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the contractor and the commission agree otherwise, each party is responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. The costs of the mediation process itself must be divided equally between the parties.", "sourceNote": "Source Note: The provisions of this §27.121 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219455", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.123", "label": "Settlement Approval Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219456", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties prior to the mediation must disclose the parties' settlement approval procedures. To the extent possible, the parties must select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §27.123 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219456", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.125", "label": "Initial Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219457", "queryAsDate": "03/11/2026" }, "ruleBody": "Any settlement agreement reached during the mediation must be signed by the representatives of the contractor and the commission. The agreement must describe any procedures required to be followed by the parties in connection with final approval of the agreement.", "sourceNote": "Source Note: The provisions of this §27.125 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219457", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.127", "label": "Final Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85095", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A final settlement agreement reached during or as a result of mediation that resolves an entire claim or any designated and severable portion of a claim must be:(1) in writing; and(2) signed by representatives of the contractor and the commission who have authority to bind each respective party.(b) If the settlement agreement does not resolve all issues raised by each claim and, as applicable, each counterclaim, the agreement must identify each issue that is not resolved.(c) A partial settlement does not waive a contractor's rights under the Texas Government Code, Chapter 2260, as to the parts of the claim that are not resolved.", "sourceNote": "Source Note: The provisions of this §27.127 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85095", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.129", "label": "Referral to the State Office of Administrative Hearings (SOAH)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85096", "queryAsDate": "03/11/2026" }, "ruleBody": "If mediation does not resolve all issues raised by the claim, the contractor may request that the claim be referred to SOAH by the commission. Nothing in these rules prohibits the contractor and commission from mediating their dispute after the case has been referred for contested case hearing, subject to the rules of SOAH.", "sourceNote": "Source Note: The provisions of this §27.129 adopted to be effective February 22, 2001, 26 TexReg 1493." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85096", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.141", "label": "Assisted Negotiation Processes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219458", "queryAsDate": "03/11/2026" }, "ruleBody": "Parties to a contract dispute under Texas Government Code, Chapter 2260, may agree, either contractually or when a dispute arises, to use assisted negotiation (alternative dispute resolution) processes in addition to negotiation and mediation to resolve their dispute.", "sourceNote": "Source Note: The provisions of this §27.141 adopted to be effective February 22, 2001, 26 TexReg 1493." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219458", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.143", "label": "Factors Supporting the Use of Assisted Negotiation Processes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219459", "queryAsDate": "03/11/2026" }, "ruleBody": "The following factors may help parties decide whether one or more assisted negotiation processes could help resolve their dispute:(1) The parties recognize the benefits of an agreed resolution of the dispute.(2) The expense of proceeding to contested case hearing at the State Office of Administrative Hearings is substantial and may outweigh any potential recovery.(3) The parties seek an expedited resolution of the dispute.(4) The ultimate outcome of the dispute is uncertain.(5) There exists factual or technical complexity or uncertainty that would benefit from expertise of a third-party expert for technical assistance or fact-finding.(6) The parties are having substantial difficulty communicating effectively.(7) A mediator third party could facilitate the parties' realistic evaluation of their respective cases.(8) There is an existing relationship between the parties.(9) The parties want to retain control over the outcome.(10) There is a need to develop creative alternatives to resolve the dispute.(11) There is a need for flexibility in shaping relief.(12) The other side has an unrealistic view of the merits of their case.(13) The parties or aggrieved persons need to hear an evaluation of the case from someone other than their lawyers.", "sourceNote": "Source Note: The provisions of this §27.143 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219459", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§27.145", "label": "Use of Assisted Negotiation Processes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219460", "queryAsDate": "03/11/2026" }, "ruleBody": "Any of the following methods, or a combination of these methods, or any assisted negotiation process agreed to by the parties, may be used in seeking resolution of disputes or other controversy arising under Texas Government Code, Chapter 2260. If the parties agree to use an assisted negotiation procedure, they must agree in writing to a detailed description of the process prior to engaging in the process.(1) Mediation. (See Division 3 in this subchapter (relating to Mediation of Contract Disputes)).(2) Early evaluation by a neutral third-party.(A) This is a confidential conference where the parties and their counsel present the factual and legal bases of their claim and receive a non-binding assessment by an experienced neutral with subject-matter expertise or with significant experience in the substantive area of law involved in the dispute.(B) After summary presentations, the third-party neutral identifies areas of agreement for possible stipulations, assesses the strengths and weaknesses of each party's position, and estimates, if possible, the likelihood of liability and the dollar range of damages that appear reasonable to him or her.(C) This is a less complicated procedure than the mini-trial described in paragraph (4) of this section. It may be appropriate for only some issues in dispute, for example, where there are clear-cut differences over the appropriate amount of damages. This process may be particularly helpful when:(i) The parties agree that the dispute can be settled;(ii) The dispute involves specific legal issues;(iii) The parties disagree on the amount of damages;(iv) The opposition has an unrealistic view of the dispute; and(v) The neutral is a recognized expert in the subject area or area of law involved.(3) Neutral fact-finding by an expert.(A) In this process, a neutral third-party expert studies a particular issue and reports findings on that issue. The process usually occurs after most discovery in the dispute has been completed and the significance of particular technical or scientific issues is apparent.(B) The parties may agree in writing that the fact-finding will be binding on them in later proceedings and, if the matter proceeds to contested case hearing, entered into as a stipulation in the dispute, or that it will be advisory in nature, to be used only in further settlement discussions between representatives of the parties. This process may be particularly helpful when:(i) Factual issues requiring expert testimony may be dispositive of liability or damage issues;(ii) The use of a neutral is cost effective;(iii) The neutral's findings could narrow factual issues for contested case hearing.(4) Mini-trial.(A) A mini-trial is generally a summary proceeding before a representative of upper management from each party, with authority to settle, and a third-party neutral selected by agreement of the parties. A mini-trial is usually divided into three phases: a limited information exchange phase, the actual hearing, and post-hearing settlement discussions. No written or oral statement made in the proceeding may be used as evidence or an admission in any other proceeding.(B) The information exchange stage should be brief but it must be sufficient for each party to understand and appreciate the key issues involved in the case. At a minimum, parties should exchange key exhibits, introductory statements, and a summary of witness's testimony.(C) At the hearing, representatives of the parties present a summary of the anticipated evidence and any legal issues that must be decided before the case can be resolved. The third-party neutral presides over the presentation and may question witnesses and counsel, as well as comment on the arguments and evidence. Each party may agree to put on abbreviated direct and cross-examination testimony.(D) Settlement discussions, facilitated by the third-party neutral, take place after the hearing. The parties may ask the neutral to formally evaluate the evidence and arguments and give an advisory opinion as to the issues in the case. If the parties cannot reach an agreed resolution to the dispute, either side may declare the mini-trial terminated and proceed to resolve the dispute by other means.(E) Mini-trials may be appropriate when:(i) The dispute is at a stage where substantial costs can be saved by a resolution based on limited information gathering;(ii) The matter justifies the senior executive time required to complete the process;(iii) The issues involved include highly technical mixed questions of law and fact;(iv) The matter involves trade secrets or other confidential or proprietary information; or(v) The parties seek to narrow the large number of issues in dispute.", "sourceNote": "Source Note: The provisions of this §27.145 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219460", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "VENDOR PROTESTS" }, "rule": { "number": "§27.161", "label": "Procedures for Resolving Vendor Protests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207765", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this subchapter, have the following meaning unless the context clearly indicates otherwise.(1) Commission--The Public Utility Commission of Texas.(2) Purchasing officer--A commission employee who has received certification as a Texas Public Purchaser and who is responsible for assisting with commission purchases, and who has been designated the purchasing officer for the purchase in question.(3) Interested parties--All vendors who have submitted bids or proposals for the provision of goods or services in accordance with a solicitation for a contract with the commission.(b) Protest procedures. Any actual or prospective bidder, offeror, proposer or contractor who considers himself to have been aggrieved in connection with the commission's solicitation, evaluation, or award of a contract may formally protest to the purchasing officer. Such protests must be made in writing and received by the purchasing officer within ten working days after the protesting party knows, or should have known, of the occurrence of the action that is protested. Protests must conform to the requirements of this subsection and subsection (d) of this section, and must be resolved through use of the procedures that are described in subsections (e) - (j) of this section. The protesting party must mail or deliver copies of the protest to the purchasing officer and other interested parties.(c) Stay of contract award. In the event of a timely protest under this section, the commission will not proceed further with the solicitation or award of the contract unless the executive director, after consultation with the purchasing officer and the general counsel, makes a written determination that the contract must be awarded without delay, to protect the best interests of the commission.(d) Protest requirements. A protest must be sworn and contain:(1) a specific identification of the statutory or regulatory provision that the protesting party alleges has been violated;(2) a specific description of each action by the commission that the protesting party alleges to be a violation of the statutory or regulatory provision that the protesting party has identified in accordance with paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) a statement of any issues of law or fact that the protesting party contends must be resolved;(5) a statement of the argument and authorities that the protesting party offers in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to the commission and all other identifiable interested parties.(e) Purchasing officer's role and responsibilities. The purchasing officer will conduct a review of issues raised by the protesting parties and will have the following role and responsibilities in resolving the protest issues among the parties:(1) The purchasing officer may settle and resolve the dispute over the solicitation or award of a contract at any time before the matter is submitted on appeal to the executive director.(2) The purchasing officer may solicit written responses to the protest from other interested parties.(3) If the protest is not resolved by mutual agreement, the purchasing officer will issue a written determination on the protest. The purchasing officer will consult with the general counsel in preparing a written determination.(4) If the purchasing officer determines that no violation of statutory or regulatory provisions has occurred, then the purchasing officer must inform the protesting party, the executive director, and other interested parties by letter that states the reasons for the determination.(5) If the purchasing officer determines that a violation of any statutory or regulatory provisions may have occurred in a situation in which a contract has not been awarded, then the purchasing officer must inform the protesting party, the executive director, and other interested parties of that determination by letter that states the reasons for the determination and the appropriate remedy.(6) If the purchasing officer determines that a violation of any statutory or regulatory provisions may have occurred in a situation in which a contract has been awarded, then the purchasing officer must inform the protesting party, the executive director, and other interested parties of that determination by letter that states the reasons for the determination. This letter may include a declaration that the contract is void.(f) Appeal from purchasing officer determination. The protesting party may appeal a determination of a protest by the purchasing officer to the executive director of the commission. An appeal of the purchasing officer's determination must be in writing and received in the executive director's office no later than ten working days from the date the purchasing officer issued written notice of his determination. The scope of the appeal is limited to a review of the purchasing officer's determination. The protesting party must mail or deliver to the purchasing officer and all other interested parties a copy of the appeal, which must contain a certified statement that such copies have been provided.(g) Executive director review or reference of appeal. The executive director will confer with general counsel in the review of the matter appealed. The executive director may consider any documents that the commission staff or interested parties may have submitted. At the discretion of the executive director, the matter may be referred to the commissioners for their consideration in a regularly scheduled open meeting or the executive director may issue a written decision on the protest.(h) Appeals referred to commission. The following requirements apply to a protest that the executive director has referred to the commissioners:(1) The executive director will deliver copies of the appeal and any responses by interested parties to the commissioners.(2) The commissioners may consider any documents that commission staff or interested parties have submitted.(3) The commissioners may confer with general counsel in their review of the matter appealed.(4) The commissioners' determination of the appeal will be made on the record and reflected in the minutes of the open meeting, and will be final.(i) Written determination of appeal. A determination issued either by the commissioners in open meeting, or in writing by the executive director, will be the final administrative action of the commission.(j) Protest or appeal not timely filed. A protest or appeal that is not filed timely will not be considered unless good cause for delay is shown or the executive director determines that an appeal raises issues that are significant to commission procurement practices or procedures in general.(k) Document retention. The commission will maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the commission's retention schedule.", "sourceNote": "Source Note: The provisions of this §27.161 adopted to be effective September 19, 2002, 27 TexReg 8768; amended to be effective July 3, 2024, 49 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207765", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "27", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "ENHANCED CONTRACT MONITORING" }, "rule": { "number": "§27.170", "label": "Enhanced Contract Monitoring Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "124905", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission will assess each contract to determine whether enhanced contract monitoring is necessary.(1) The commission will use the following factors to determine whether enhanced contract monitoring is necessary:(A) vendor performance history;(B) the contract amount;(C) contract length;(D) impact on agency goals; and(E) any other factors that may impact the agency.(2) Projects deemed medium or high-risk based on the factors under paragraph (1) of this subsection will be co-monitored by contract and program staff and may involve additional team members such as legal, fiscal, and auditing staff members.(b) If a contract is determined to need enhanced monitoring, the commission will require the vendor to provide specific programmatic information on a scheduled basis to determine whether performance measures are being met.(1) Programmatic reports must include information related to the performance measures in the contract, as well as any other deliverables.(2) Enhanced monitoring may also include site visits, additional meetings with the vendor's staff or other documentation relevant to assess progress toward meeting performance requirements.(c) The director of the fiscal division must notify the agency governing board of contracts requiring enhanced monitoring through this process.(d) This process does not apply to an interagency agreement, an interlocal agreement, a memorandum of understanding with another state agency, or a contract for which there is not a cost.", "sourceNote": "Source Note: The provisions of this §27.170 adopted to be effective October 13, 2016, 41 TexReg 8061; amended to be effective February 16, 2022, 47 TexReg 646." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "124905", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "2", "label": "PUBLIC UTILITY COMMISSION OF TEXAS" }, "chapter": { "number": "28", "label": "SUBSTANTIVE RULES APPLICABLE TO CABLE AND VIDEO SERVICE PROVIDERS" }, "subchapter": { "number": "B", "label": "PROVISIONS RELATING TO APPLICATION FOR A STATE-ISSUED CERTIFICATE OF FRANCHISE AUTHORITY" }, "rule": { "number": "§28.6", "label": "State-Issued Certificate of Franchise Authority (CFA) Certification Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199579", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and purpose. This section applies to the commission's certification of persons and entities to provide cable and/or video service as holders of a state-issued certificate of franchise authority (CFA), as established in the Public Utility Regulatory Act (PURA), Chapter 66, §§66.001 - 66.004. (b) Application for CFA. An entity or person seeking to provide cable and/or video service in this state shall file an application for a CFA with the commission as provided in subsection (e) of this section. (c) Eligibility to file application. (1) A cable service provider or a video service provider that currently has or had previously received a municipal franchise to provide cable service or video service is not eligible to seek a CFA to provide service in that municipality until the expiration date of the existing franchise agreement for such municipality. (2) A cable service provider or a video service provider that currently has or had previously received a municipal franchise to provide cable service or video service may file an application for a CFA to provide service in such municipality no earlier than 17 business days before the expiration of the municipal franchise provided that the application requests issuance of the CFA after the expiration of the municipal franchise. (3) For purposes of this subsection a cable service provider or video service provider will be deemed to have or have had a franchise to provide cable service or video service in a specific municipality if any affiliates or successor entity of the cable or video provider has or had a franchise agreement granted by that specific municipality. The terms \"affiliates or successor entity\" in this subsection include but are not limited to any entity receiving, obtaining, or operating under a municipal cable or video franchise through merger, sale, assignment, restructuring, or any other type of transaction. (d) Procedure for reviewing CFA applications. (1) The commission shall notify an applicant for CFA whether the application is complete before the 15th business day after the application was submitted. (2) The commission shall issue a CFA before the 17th business day after the application, including the requisite affidavit, has been filed if the commission finds the application to be complete and sufficient. (e) Standards for granting franchise authority to CFA applicants. An applicant for a CFA shall submit a completed Application for State Issued Certificate of Franchise Authority, which shall include the following items: (1) An affidavit signed by an officer or general partner of the applicant affirming the following: (A) the applicant has filed or will timely file with the Federal Communications Commissions (FCC) all forms that the FCC requires from entities seeking to provide cable or video services in Texas; (B) the applicant agrees to comply with all applicable federal and state statutes and regulations; (C) the applicant agrees to comply with all applicable municipal regulations regarding the use and occupation of public rights-of-way in the delivery of the cable and/or video service, including the police powers of the municipalities in which the service is delivered; (D) all statements made in the Application for State Issued Certificate of Franchise Authority are true and correct. (2) A description of the service area footprint to be served. Service areas may be an entire municipality or a portion thereof and may include incorporated areas as well as unincorporated areas. Acceptable service area descriptions include properly labeled maps that clearly define the service area using city/municipality limits, county boundaries, metes and bounds, subdivisions, and/or other geographic areas with distinct boundaries. (3) The street address and telephone number of the applicant's principal place of business. (4) The name, addresses, and telephone numbers of an authorized representative, a regulatory contact, and an emergency contact. (5) The names of the applicant's principal executive officers. (f) Name(s) on CFA. (1) All cable and/or video services provided under a CFA shall be provided in the name under which certification was granted by the commission. The requested name(s) must be registered with the proper authorities to conduct business in Texas (i.e., the Texas Secretary of State with the exception of sole proprietorships that are registered with the county in the requested service area), and may not be deceptive, misleading, vague, inappropriate, or duplicative of an existing CFA holder. (2) The holder of the CFA may request commission approval to add, delete or change the name(s) on the franchise authority in accordance with subsection (g)(4) of this section. (g) Amendments, terminations and transfers of a CFA. (1) Termination of CFA. A CFA may be terminated by the certificate holder by submitting written notice to the commission. The CFA Termination Notice shall be filed with the commission in the project number established by staff for that purpose. (2) Transfer of ownership/control. A CFA is fully transferable to any successor in interest to the entity to which the CFA was originally granted. The successor in interest shall file a written notice of transfer with the commission and the relevant municipality within 14 business days of the completion of such transfer. The notice to the commission shall be in the form of an application to amend the existing CFA and shall contain the information described in subsection (e) of this section.(3) Expansion of service area footprint. Changes to the description of the existing service area footprint shall be accomplished by filing an application to amend the existing CFA with the commission prior to any such change. (4) Name changes. The holder of the CFA may request commission approval to add, delete, or change the name(s) on the CFA by filing with the commission an application to amend its CFA. (h) Reporting requirements. (1) All CFA holders shall notify the commission of changes in company contact information within 14 business days of any such change. (2) Every CFA holder shall file with this commission a copy of any order or ruling issued by a court of competent jurisdiction that either modifies or revokes its CFA or makes it ineligible to hold a CFA within 14 business days of the issuance of such order or ruling. (i) Records requirements. A franchise holder shall maintain a copy of records required by applicable federal or state laws and regulations for a period of not less than 12 months. Upon commission staff request, the franchise holder shall provide an accurate and complete copy of any such records no later than 21 business days after the date of such request.", "sourceNote": "Source Note: The provisions of this §28.6 adopted to be effective June 5, 2006, 31 TexReg 4609." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199579", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.1", "label": "Separation of Duties Between Commission and Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142080", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule implements §5.12 of the Alcoholic Beverage Code (Code), which requires the Texas Alcoholic Beverage Commission (commission) to adopt rules to clearly separate the policy-making authority of the commissioners from the management responsibilities of the executive director, and §5.34(b) of the Code, which requires the commission to develop and implement policies that clearly define the respective responsibilities of the commission and staff.(b) The commission retains the duty and authority to:(1) Establish agency policies and goals to carry out the duties and authority granted to the commission under the Code;(2) Provide leadership and direction to ensure agency laws, rules, policies and goals are implemented in a responsible, effective and cost efficient manner;(3) Ensure accountability and transparency within the agency and to the Governor, the Legislature, the public, and persons regulated;(4) Appoint and remove the executive director;(5) Adopt agency rules to implement statutory duties and agency policies;(6) Employ or appoint and terminate or remove an internal auditor, adopt an audit plan, approve audit findings and ensure agency compliance with audit requirements;(7) Exercise any authority and carry out any duty of the commission not delegated to the executive director;(8) Render the final decision in any contested disciplinary action that has had an administrative hearing;(9) Approve or decline the settlement of any disciplinary action that carries a civil penalty of ten million dollars ($10,000,000) or more; and(10) Approve or decline the settlement of any disciplinary action that the executive director recommends and that is accepted for consideration by:(A) the presiding officer of the commission; or(B) at least two commission members.(c) The commission delegates the following duties and authority to the executive director (under Alcoholic Beverage Code §5.11(b), also referred to as the administrator in the Alcoholic Beverage Code and the commission's rules):(1) Plan and implement an effective an efficient operational and organizational structure;(2) Act as the agency liaison and resource to the executive and legislative branch;(3) Prepare and submit the agency budget and appropriations requests;(4) Employ and terminate the general counsel, who shall report directly to the executive director;(5) Employ or appoint an executive management team with the skills, knowledge and commitment necessary to achieve the goals and implement the policies adopted by the commission;(6) Assign and delegate to each member of the executive management team and the general counsel the responsibility and authority necessary to effectively administer all agency operations, duties and functions, implement policy, and manage staff and resources, including the authority to further delegate and assign the essential duties and responsibilities of the agency to ensure the highest and best use of agency staff and resources;(7) Develop, monitor and report measures or expectations for the administrative, regulatory and enforcement functions of the agency to ensure that the agency goals are accomplished and policies followed;(8) Develop and implement comprehensive and agency-wide internal policies and procedures necessary to carry out each essential function, duty, policy or goal of the agency;(9) Ensure that all agency staff has access to, knowledge of and responsibility for consistently following policies adopted by the commission and agency-wide internal policies and procedures;(10) Administer the oath of office or commission to agency staff and agents;(11) Render, or delegate to agency staff, the agency decision or order in any matter over which the agency has final decision-making authority unless otherwise retained by the commission in subsection (b) of this section; and(12) Execute contracts, specifically including but not limited to approving and signing contracts for the purchase of goods or services that have a value exceeding $1 million. Notwithstanding paragraph (5) of this subsection, the authority to approve and sign contracts for the purchase of goods or services that have a value exceeding $1 million shall not be delegated by the executive director to staff.(13) Nothing in this section shall be construed to limit the general counsel's duty to advise the commissioners directly as their legal counsel, with all duties to the client, legal privileges, and ethical requirements generally applicable to the attorney-client relationship.", "sourceNote": "Source Note: The provisions of this §31.1 adopted to be effective August 30, 2009, 34 TexReg 5910; amended to be effective November 15, 2012, 37 TexReg 8972; amended to be effective December 8, 2015, 40 TexReg 8754; amended to be effective June 9, 2020, 45 TexReg 3768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142080", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.2", "label": "State-owned Motor Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212356", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Exemption from inscription requirements for state-owned vehicles.(1) This subsection implements §721.003, Transportation Code, relating to exemption from inscription requirement for certain state-owned vehicles, which requires the commission to adopt a rule to be exempt from the inscription requirements of Chapter 721.(2) The primary use of the state-owned vehicles for which an exemption is sought is the transportation of commission employees engaged in the prevention, detection, investigation and enforcement of criminal and regulatory violations of the Alcoholic Beverage Code.(3) Not printing inscriptions on commission vehicles will: increase effectiveness of enforcement and compliance operations and activities; increase the safety of commission employees engaged in enforcement and compliance operations and activities; and, decrease the risk of damage to state-owned vehicles and property.(b) Assignment of Vehicles.(1) This subsection implements §2171.1045, Government Code, relating to the restrictions on assignment of state vehicles.(2) Vehicles are assigned to commission executive staff whose essential agency duties and functions require them to have vehicles available on a regular or frequent basis to provide state-wide oversight, management and supervision of agency staff.(3) Pool vehicles are maintained at headquarters to reduce the cost to the state for travel required by qualified agency staff whose essential duties and functions require regular or periodic travel by vehicle.(4) Vehicles are assigned to field operation employees whose essential agency duties and functions require daily and extensive use of vehicles and the cost to the state of providing a state-owned vehicle is less than the cost of reimbursing employees for the use of personal vehicles.", "sourceNote": "Source Note: The provisions of this §31.2 adopted to be effective August 30, 2009, 34 TexReg 5911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212356", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.3", "label": "Petition for the Adoption of a Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212364", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements Government Code §2001.021 and provides procedures for any interested person (petitioner) to request the Alcoholic Beverage Commission (commission) to adopt a rule. The petitioner must be:(1) a resident of this state;(2) a business entity located in this state;(3) a governmental subdivision located in this state; or(4) a public or private organization located in this state that is not a state agency.(b) Content of Petition.(1) The petition must be in writing. No form is required but all information must be provided, or a reason why required information cannot be provided given.(2) The petition must contain the following:(A) petitioner's name, address, organization or affiliation, if any, and the name of the person or entity on whose behalf the petition is filed, if different from the person submitting the petition;(B) a plain and brief statement about why a rule or change in an existing rule is needed, required, or desirable, including the public good to be served and any effect on those who would be required to comply with the rule;(C) an estimate of the fiscal impact on state and local government as a result of enforcing or administering the proposed rule, an estimate of the economic impact on persons required to comply with the proposed rule, whether there may be an effect on local employment, and the facts, assumptions and methodology used to prepare estimates and impacts required by this subparagraph;(D) a statement on the commission's authority to adopt the proposed rule;(E) the proposed text of a new rule, or proposed changes to an existing rule; and(F) a list of individuals, organizations or affiliations that may be interested or affected by the proposed rule, if known.(c) Submission. A petition is submitted on the date it is received by the Executive Director. The petition must be addressed to the Executive Director, Texas Alcoholic Beverage Commission, and mailed to P.O. Box 13127, Austin, Texas 78711-3127, e-mailed to rules@tabc.texas.gov, or hand delivered to the Executive Director at commission headquarters in Austin, Texas.(d) Review. The Executive Director will review the petition for compliance with the requirements of this section. If all requirements of this section are met, the Executive Director will bring the petition to the commission, except as provided otherwise in this section.(e) Decision to Deny or Accept. The commission will deny a petition for rulemaking, or accept, in whole or in part, a petition for rulemaking within 60 days from the date the petition is submitted. If the commission neither denies nor accepts the petition within 60 days from the date it is submitted, agency staff will initiate the rulemaking process under Chapter 2001, Subchapter B, of the Government Code. In such case, agency staff may redraft the proposed text to conform to style and format requirements for the agency's rules.(1) The Executive Director will notify the petitioner in writing if the petition is denied and state the reason or reasons for the denial.(2) The commission will refer an accepted petition to agency staff to initiate the rulemaking process under Chapter 2001, Subchapter B, of the Government Code. Agency staff may redraft the proposed text to conform to style, format and policy decisions of the agency.(f) Repetitive petitions. The Executive Director may refuse to bring a petition for rulemaking to the commission if, within the preceding year, the commission has considered a previously submitted petition for the same rule.", "sourceNote": "Source Note: The provisions of this §31.3 adopted to be effective August 30, 2009, 34 TexReg 5911; amended to be effective June 17, 2015, 40 TexReg 3642; amended to be effective December 8, 2015, 40 TexReg 8755; amended to be effective February 13, 2023, 48 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212364", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.4", "label": "Public Information Signs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212357", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaint Sign. In accordance with Alcoholic Beverage Code §5.53(d), any licensed or permitted business in the state authorized to sell or serve alcoholic beverages to the ultimate consumer shall display at the place of business in a prominent place easily seen by the public, i.e. near the door or by the cash register, a sign stating the following: \"If you have a complaint about the sale or service of alcoholic beverages in this establishment, please contact the Texas Alcoholic Beverage Commission by mail at P.O. Box 13127, Austin, Texas 78711-3127, by phone at 1-888-THE-TABC, by visiting www.tabc.texas.gov, or through the Alcohol Industry Management System, which can be accessed via the commission's public website.\"(1) This sign shall be no smaller than 6 inches by 3-1/2 inches and shall be in lettering or type of a size sufficient to render it both conspicuous and readily legible.(2) The sign shall be made of sturdy material; if made of paper, the weight shall be no less than 65# stock.(b) Health Risk Warning Sign. In accordance with Alcoholic Beverage Code §§11.042 and 61.111, a holder of a license or permit authorizing the sale of alcoholic beverages for on premises consumption shall display a health risks warning sign. The health risks warning sign must:(1) be posted at each egress of all public restrooms on the licensed premises;(2) be placed at a level where the sign can be easily seen by persons exiting the restroom;(3) be not less than 8 1/2 x 11 inches in size;(4) the following language shall be printed in English and in Spanish, in bold black type on a white surface, or other clearly legible graphic design, with a font or type set size of not less than 28 point Arial or Helvetica:Attached Graphic(c) The responsibility of furnishing the required signs in this section is the sole responsibility of the licensee or permittee.", "sourceNote": "Source Note: The provisions of this §31.4 adopted to be effective February 24, 1994, 19 TexReg 1037; amended to be effective December 22, 1994, 19 TexReg 9747; amended to be effective February 19, 2008, 33 TexReg 1322; amended to be effective August 16, 2016, 41 TexReg 5998; amended to be effective September 1, 2023, 48 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212357", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.5", "label": "Public Information Act Requests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212358", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To the extent applicable, charges made for providing copies of public information by the Texas Alcoholic Beverage Commission shall be assessed in accordance with the schedule of charges maintained by the Office of the Attorney General in Title 1, Chapter 70 of the Texas Administrative Code.(b) The general counsel or the general counsel's designee shall be the agency's public information coordinator. The public information coordinator is subject to the direction of the executive director, who is the officer for public information of the agency pursuant to Texas Government Code §552.201(a).", "sourceNote": "Source Note: The provisions of this §31.5 adopted to be effective July 28, 1994, 19 TexReg 5626; amended to be effective May 24, 1998, 23 TexReg 5434; amended to be effective August 25, 2013, 38 TexReg 5257; amended to be effective February 13, 2023, 48 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212358", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.6", "label": "Establishment of Advisory Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212360", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule implements Alcoholic Beverage Code §5.21, which authorizes the commission, by rule, to establish advisory committees as necessary to accomplish the purposes of the Alcoholic Beverage Code, and to meet the changing needs of the agency. Government Code Chapter 2110 applies to an advisory committee created by the commission.(b) The commission rule establishing an advisory committee shall contain, at a minimum, the following information:(1) the purpose, role, and goal of the committee;(2) composition and representation requirements;(3) qualifications of the members, such as experience or geographic location;(4) terms of service of committee members;(5) any necessary training requirements; and(6) the method the agency will use to receive public input on issues considered by the advisory committees.(c) An advisory committee created by the commission shall not have more than nine members.(d) The presiding officer of the commission shall appoint the members of an advisory committee.(e) Each advisory committee shall hold at least one meeting per calendar year.", "sourceNote": "Source Note: The provisions of this §31.6 adopted to be effective February 19, 2020, 45 TexReg 1017; amended to be effective February 13, 2023, 48 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212360", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.7", "label": "Internal Audit Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212359&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212359", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Alcoholic Beverage Code § 5.21 and commission Rule 31.6, the commission hereby establishes an Internal Audit Advisory Committee (\"Committee\").(b) The purpose, role, and goal of the Committee is to advise the commission on the agency's internal audit processes.(c) The presiding officer of the commission may appoint not more than two commissioners and three members of the public to serve on the Committee. The Committee shall select from among its members a presiding officer.(d) Each public member must either:(1) hold an ownership interest or management position with an active TABC licensee or permittee; or(2) hold a certified public accountant license or similar financial industry credentials.(e) The commission's general counsel or another commission attorney assigned by the general counsel shall provide legal counsel to the Committee.(f) Within 60 days after the first Committee meeting, Committee members shall complete training provided by the commission's General Counsel's office regarding compliance with the Texas Public Information Act and other applicable ethics rules.(g) The Committee shall report to the commission at the times and in the manner it determines will best assist the commission and in compliance with the Texas Open Meetings Act.", "sourceNote": "Source Note: The provisions of this §31.7 adopted to be effective February 14, 2022, 47 TexReg 647; amended to be effective February 13, 2023, 48 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212359&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212359", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.8", "label": "Advisory Committee on Major Information Technology Projects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212361", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Alcoholic Beverage Code § 5.21 and commission Rule 31.6, the commission hereby establishes the Advisory Committee on Major Information Technology Projects (\"Committee\").(b) The purpose, role, and goal of the Committee is to advise the commission on the agency's use and development of major information technology projects.(c) The presiding officer of the commission may appoint not more than two commissioners and three members of the public to serve on the Committee. The Committee shall select from among its members a presiding officer.(d) Each public member must either:(1) hold an ownership interest or management position with an active TABC licensee or permittee;(2) be a practicing attorney in the field of alcohol regulation; or(3) have significant experience in information system technology deployment.(e) The commission's general counsel or another commission attorney assigned by the general counsel shall provide legal counsel to the Committee.(f) Within 60 days after the first Committee meeting, Committee members shall complete training provided by the commission's General Counsel's office regarding compliance with the Texas Public Information Act and other applicable ethics rules.(g) The Committee shall report to the commission at the times and in the manner it determines will best assist the commission and in compliance with the Texas Open Meetings Act.", "sourceNote": "Source Note: The provisions of this §31.8 adopted to be effective February 14, 2022, 47 TexReg 647; amended to be effective February 13, 2023, 48 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212361", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.9", "label": "Public Safety Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212362", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Alcoholic Beverage Code §5.21 and commission Rule 31.6, the commission hereby establishes the Public Safety Advisory Committee (\"Committee\").(b) The purpose, role, and goal of the Committee is to advise the commission on the agency's public safety initiatives.(c) The presiding officer of the commission may appoint not more than two commissioners and three members of the public to serve on the Committee. The Committee shall select from among its members a presiding officer.(d) Each public member must either:(1) hold an ownership interest or management position with an active on-premises retail licensee or permittee;(2) be a practicing attorney in the field of alcohol regulation; or(3) have retired from a Texas statewide or a federal law enforcement agency.(e) The commission's general counsel or another commission attorney assigned by the general counsel shall provide legal counsel to the Committee.(f) Within 60 days after the first Committee meeting, Committee members shall complete training provided by the commission's General Counsel's office regarding compliance with the Texas Public Information Act and other applicable ethics rules.(g) The Committee shall report to the commission at the times and in the manner it determines will best assist the commission and in compliance with the Texas Open Meetings Act.", "sourceNote": "Source Note: The provisions of this §31.9 adopted to be effective February 14, 2022, 47 TexReg 647; amended to be effective August 16, 2022, 47 TexReg 4849; amended to be effective February 13, 2023, 48 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212362", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.10", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212363", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule applies to complaints filed with the commission regarding an entity that is subject to commission jurisdiction. (b) A person may file a complaint by:(1) sending a completed complaint form to: Texas Alcoholic Beverage Commission, Att: Enforcement Division, P.O. Box 13127, Austin, Texas 78711;(2) calling 1-888-THE-TABC (843-8222);(3) through Alcohol Industry Management System, which can be accessed via the commission's public website; or(4) by sending a completed complaint form to complaints@tabc.texas.gov. (c) License and permit holders shall post a Complaint Sign on the premises in accordance with §31.4(a) of this chapter.(d) The commission adopts the form in Figure: 16 TAC §31.10 for filing complaints against a licensed or permitted entity. (Fig. 31.10) For complaints received by telephone, an agency employee may complete the form on behalf of the caller. In all other cases, the form must be completed by the person filing the complaint. This form is available for download on the commission's website.Attached Graphic(e) The agency shall process complaints as follows:(1) the agency receives complaints through the means listed in subsection (b) of this section;(2) designated agency employees assign each complaint to the appropriate division based upon the subject matter of the complaint; (3) the division supervisor or their designee determines whether the complaint is under the commission's jurisdiction and if not, marks the complaint as rejected;(4) the division supervisor or their designee may forward the complaint to a local law enforcement agency or other authority if the supervisor believes the other agency or authority may have jurisdiction over the complaint. If the complaint is forwarded the complainant will be notified if contact information was provided with the complaint; (5) if the division supervisor or their designee finds that the commission has jurisdiction over the complaint, the supervisor will assign the appropriate TABC employee to manage the complaint. (6) Complaint designations.(A) the division supervisor or their designee will designate the complaint as closed, rejected, or resolved in the public database.(B) A complaint is: (i) closed when a new investigation is opened or when the complaint can be associated with an existing investigation; (ii) rejected when it does not fall under the agency's jurisdiction; and(iii) resolved when the complaint resolution does not require an investigation.(7) The agency employee assigned to manage a complaint will contact the complainant to inform them of receipt of the complaint and the final disposition of the complaint, if the complainant provided contact information and indicated a desire to be so informed.", "sourceNote": "Source Note: The provisions of this §31.10 adopted to be effective February 13, 2023, 48 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212363", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.11", "label": "Family Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160660", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to Texas Government Code Chapter 661, Subchapter A-1, establishing the state employee family leave program.(b) The director of human resources is designated as the TABC Family Leave Pool (FLP) Administrator.(c) Employees donating or applying for leave from the FLP must submit their request by e-mail to Benefits@tabc.texas.gov.(d) A TABC employee may apply for leave from the FLP if the employee has exhausted all available leave and experiences:(1) the birth of a child;(2) the placement of a foster child or adoption of a child under 18 years of age;(3) the placement of any person 18 years of age or older requiring guardianship;(4) a serious illness to the employee or an immediate family member, including a pandemic-related illness; or(5) an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member.(e) The employee is solely responsible for the payment of any income tax resulting from their donation or withdrawal of leave from the FLP.(f) An employee who chooses to donate leave hours to the FLP must donate at least eight hours, unless the employee is separating from the agency. An employee separating from the agency may donate any number of leave hours to the FLP.(g) Once donated to the FLP, leave hours cannot be recouped by the donating employee.(h) Employees may not have outside employment while using FLP leave.(i) Retiring employees will not receive additional retirement credit with the Employee Retirement System for hours donated to the FLP.", "sourceNote": "Source Note: The provisions of this §31.11 adopted to be effective February 13, 2023, 48 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160660", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.12", "label": "Training and Education of Commission Employees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197318", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may use state funds in accordance with Government Code §§656.041 - 656.104 to provide training and education for its employees.(b) Training or education provided pursuant to subsection (a) of this section shall be related to the employee's current position or prospective job duties within the commission.(c) Commission employees may be required to complete training and/or education programs related to the employee's current or prospective job duties as a condition of employment.(d) Participation in training or education programs requires the approval of the employee's supervisors prior to participation and is subject to the availability of funds in the commission's budget.(e) The employee training and education program for the commission may include:(1) mandatory agency-sponsored training or education required for all employees;(2) training or education relating to technical or professional certifications and licenses;(3) training and education designed to promote employee development;(4) employee-funded external education;(5) commission-funded external education;(6) a tuition-reimbursement program; and(7) such other training or education determined by the commission to be of benefit to the employee and the commission, and to promote effective state administration pursuant to Government Code §656.042.(f) Approval to participate in any portion of the commission's training and education program shall not in any way: affect an employee's at-will employment status; constitute a guarantee or indication of continued employment; or constitute a guarantee or indication of future employment in a current or prospective position.(g) Approval to participate in any training or education program may be withdrawn if the commission determines, in its sole discretion, that participation would negatively affect the employee's job duties or performance.", "sourceNote": "Source Note: The provisions of this §31.12 adopted to be effective February 18, 2013, 38 TexReg 823." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197318", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "31", "label": "ADMINISTRATION" }, "rule": { "number": "§31.13", "label": "Enhanced Contract Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206980", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Alcoholic Beverage Commission (TABC) shall identify contracts that require enhanced monitoring.(b) In determining which contracts require enhanced monitoring, TABC shall consider factors including:(1) contract amount;(2) risk;(3) special circumstances of project; and(4) scope of goods or services provided.(c) TABC shall adopt procedures to administer the enhanced contract monitoring program.(d) Enhanced contract monitoring reports shall be regularly provided to the executive director, and when applicable, to the Commissioners.", "sourceNote": "Source Note: The provisions of this §31.13 adopted to be effective December 16, 2019, 44 TexReg 7681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206980", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "APPLICATIONS" }, "rule": { "number": "§33.1", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224669", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When used in this chapter:(1) the word \"days\" refers to calendar days, unless otherwise specified; and(2) a \"business day\" is any day that is not a Saturday, a Sunday, a state or federal holiday (unless the commission is required to be open for business), or a standard Federal Reserve bank holiday.(b) A \"day\" or \"business day\" ends at:(1) 5:00 p.m. Central Time for submissions by hand-delivery to a commission office or by e-mail; and(2) 11:59 p.m. Central Time for submissions through the commission's internet-based application information management system.(c) Submissions by mail must be postmarked by the due date.(d) When computing periods of time prescribed or allowed in subchapter D of this chapter:(1) the day of the act, event, or default from which the designated time period begins to run is not counted; and(2) the last day of the time period is counted, unless it is not a business day as defined by subsection (a)(2) of this section, in which case the time period will end on the next business day.", "sourceNote": "Source Note: The provisions of this §33.1 adopted to be effective December 6, 2021, 46 TexReg 7242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224669", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "APPLICATIONS" }, "rule": { "number": "§33.2", "label": "Application and Fee Payment Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206000", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications for licenses, permits and certificates shall be made by an applicant in such a manner as may be directed by the executive director.(b) Each application shall include all information required by the executive director to ensure compliance with all applicable statutes and rules and regulations of the agency.(c) Each applicant for a license, permit or certificate issued by the commission shall submit with the application the payment of all required fees in accordance with the applicable provisions of the code and rules.(d) In addition to the requirements of Alcoholic Beverage Code §§5.50, 11.32, 11.35, and 61.48 and any pertinent rule or procedure of the commission, license and permit renewal applications filed under Alcoholic Beverage Code §6.04 must be filed with the commission no later than 11:59 p.m. or postmarked by the thirtieth calendar day after expiration and must be complete in form and accompanied by all state fees as well as a $100 late fee.(e) Applicants must pay fees by cashier's check, teller's check, a check drawn on the account of the entity applying for a permit, money order, credit card, charge card, or other electronic form of payment approved by the commission, payable to the Texas Comptroller of Public Accounts.", "sourceNote": "Source Note: The provisions of this §33.2 adopted to be\r\neffective February 24, 1994, 19 TexReg 1038; amended to be effective\r\nJune 17, 2015, 40 TexReg 3644; amended to be effective December 31,\r\n2020, 45 TexReg 8770; amended to be effective September 1, 2021, 46\r\nTexReg 5178; amended to be effective April 14, 2025, 50 TexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206000", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "APPLICATIONS" }, "rule": { "number": "§33.3", "label": "Process to Apply for License or Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201959", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section relates to any license or permit. The purpose of this section is to clarify the certification process in subsection (b) of this section and distinguish it from the application process described in subsections (c) and (d) of this section.(b) Before filing an application for a license or permit that is required to be certified under §11.37 or §61.37 of the Alcoholic Beverage Code the applicant must obtain and submit to the commission:(1) all required certifications signed by the city secretary, where appropriate, and the county clerk that the location for which the license or permit is sought is in a \"wet\" area for such license or permit and is not prohibited by charter, by ordinance, or by valid order in reference to the sale of any alcoholic beverage allowed by the license or permit;(2) all other applicable certifications signed by the city secretary, where appropriate, and the county clerk;(3) the required certification by the Comptroller of Public Accounts that the person applying for the license or permit holds, or has applied for and satisfies all legal requirements for, the issuance of a sales tax permit;(4) proof of publication of notice of the application, if required by §11.39 and §61.38 of the Alcoholic Beverage Code; and(5) completed commission forms and any other information reasonably requested by the commission.(c) A person or entity may file an application with the commission by submitting all forms, documents and information prescribed by the commission in accordance with the practices, policies, and standards relating to the processing of applications for licenses and permits.(d) If additional documentation or information is requested and not provided within the requested period of time, the application will be considered incomplete and withdrawn.(e) An application to renew a license or permit shall be filed with the commission no earlier than 30 days prior to its expiration date.(f) On completion of its processing pursuant to subsection (c) of this section, the commission shall inform the applicant that the application is granted or denied.(g) An applicant must post the notice sign required by §§11.391 and 61.381 of the Alcoholic Beverage Code not less than 60 days before the date the license or permit is issued unless a license or permit authorizing the on-premises consumption of alcoholic beverages has been active at the requested location any time during the 24 months immediately preceding the filing of the application. For purposes of this subsection, an application is filed on the date a completed application is received by the commission.(h) For the purposes of §61.35(e) of the Alcoholic Beverage Code, the commission will transmit to the county tax assessor 5% of the license fee collected for each issued license in that county. This transmission will occur the month following the issuance of the license.(i) Each applicant for an original or renewal license or permit that allows on-premises consumption of any alcoholic beverage shall furnish sales data or, if not available, projection of sales for the location at which the license or permit is located or will be located. The projection or sales data should include a sufficient breakdown of sales into the categories of food, alcoholic beverages, and other major categories of sales at the location.(j) If an application is granted based in part upon an authorization issued by the TTB, and the TABC subsequently determines that the TTB authorization was issued in error or has been canceled or rescinded, the executive director may cancel the license or permit.", "sourceNote": "Source Note: The provisions of this §33.3 adopted to be effective December 31, 2020, 45 TexReg 8770; amended to be effective April 15, 2021, 46 TexReg 2421; amended to be effective September 1, 2021, 46 TexReg 5178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201959", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "APPLICATIONS" }, "rule": { "number": "§33.4", "label": "Deferred Adjudication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207591", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section relates to Alcoholic Beverage Code §§11.46, 25.06, 61.42, 61.43, 69.06, and 109.532.(b) In determining whether an applicant is not qualified or is unsuitable to hold a permit or license under Alcoholic Beverage Code §109.532(b)(1), or whether an application should be cancelled or denied the commission may consider whether the person is currently serving deferred adjudication for:(1) any felony offense;(2) any controlled substance offense in the Health and Safety Code Chapter 481;(3) any firearm or deadly weapon offense in Penal Code Chapter 46;(4) any prostitution offense in Penal Code Chapter 43;(5) any gambling offense in Penal Code Chapter 47;(6) any human trafficking offense in Penal Code Chapter 20A;(7) any fraud offense in Penal Code Chapters 32 or 35;(8) any money laundering offense in Penal Code Chapter 34; or(9) any violation of the Alcoholic Beverage Code.(c) An applicant currently serving deferred adjudication for one of the offenses listed in subsection (b) of this section shall provide information requested by the commission to allow the commission to determine whether the applicant is qualified or suitable to hold a license or permit. In determining whether an applicant is qualified or suitable to hold a license or permit, the commission shall consider the relationship between the offense and the particular license or permit being sought, taking into account these factors:(1) the extent and nature of the person's past criminal activity;(2) the age of the person at the time of the crime;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person prior to and following the criminal activity;(5) evidence of the person's rehabilitation; and(6) other evidence presented by the person of the person's present suitability, including letters of recommendation.(d) If an applicant has completed the conditions of a deferred adjudication prior to filing an application, the commission will not consider the offense for which the deferred adjudication was served in deciding whether the applicant is qualified or suitable to hold a permit or license under Alcoholic Beverage Code §109.532(b)(1).", "sourceNote": "Source Note: The provisions of this §33.4 adopted to be effective December 31, 2020, 45 TexReg 8770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207591", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "APPLICATIONS" }, "rule": { "number": "§33.5", "label": "Food and Beverage Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to §§25.13, 28.18, 32.23 and 69.16 of the Texas Alcoholic Beverage Code.(b) The following words and terms, when used in this section, shall have the following meaning unless the context clearly indicates otherwise:(1) Entrée--course of a meal that may include an appetizer, small plate, main dish, dessert or other similar food item.(2) Food service--the cooking, preparing, or assembling of food on the location available for consumption at the location. Commercially pre-packaged items purchased off of the location which require no cooking or assembly do not constitute food service under this section.(3) Food service facilities--a designated permanent portion of the licensed location where food is stored and prepared for consumption at the location.(4) Location--the designated physical address of a premises, but also including all areas at that address where the license or permit holder may sell, serve or deliver alcoholic beverages for immediate consumption at the address, regardless of whether some of those areas are occupied by other businesses, as long as those businesses are contiguous.(5) Premises--the designated area at a location that is licensed by the commission for the sale, service, or delivery of alcoholic beverages.(6) Restaurant--a business that:(A) operates its own permanent food service facility with commercial cooking equipment on its premises; and(B) prepares and offers to sell multiple entrees for consumption on or off the premises.(c) An applicant is qualified for a food and beverage certificate if the following conditions, in addition to other requirements, are satisfied:(1) multiple entrees are available to customers; and(2) permanent food service facilities are maintained at the location; and(3) either:(A) the receipts from the sale of alcoholic beverages by the license or permit holder at the location are 60 percent or less of the total receipts from the location; or(B) the facility meets the definition of Restaurant under subsection (b)(6) of this section.(d) The hours of operation for sale and service of food and of alcoholic beverages are the same except that food may be sold or served before or after the legal hours for sale of alcoholic beverages.(e) If the applicant is a hotel that maintains separate area restaurants, lounges or bars, food service facilities must exist for each of the designated licensed premises.(f) An applicant for an original food and beverage certificate shall furnish the following, as well as any other information requested by the commission to ensure compliance:(1) the menu or, if no menu is available, a listing of the food and beverage items;(2) hours of operation of food service and hours of operation for sale or service of alcoholic beverages;(3) if qualifying under subsection (c)(3)(A) of this section, sales data (including complimentary drinks, as recorded pursuant to subsection (k)(3) of this section) or, if not available, a projection of sales. The sales data or projection of sales should include sufficient breakdown of revenues of food, alcoholic beverages, and all other sales categories at the location (e.g., tickets, merchandise, retail goods);(4) if qualifying under subsection (c)(3)(B) of this section, a list of commercial cooking equipment used in food service; and(5) copies of floor plans of the location indicating the licensed premises and permanent areas devoted primarily to food service.(g) Applicants for renewal of food and beverage certificates shall submit sales data described in subsection (k) of this section. The commission may request additional information or documentation to indicate that the licensed location has permanent food service facilities for the preparation and service of multiple entrees.(h) The commission may review the operation at the location to determine that food service with food service facilities for the preparation and service of multiple entrees is maintained. In doing so the commission may review such items as required in the original or renewal application as well as advertising, promotional items, changes in operations or hours, changes in floor plans, prominence of food items on the menu as compared to alcoholic beverages, name of the business at the location, number of transactions with food components, copies of city or county permits or certificates relating to the type of business operation, and any other item deemed necessary or applicable.(i) Failure to provide documentation requested or accurately maintain required records is prima facie evidence of non-compliance.(j) In verifying that food service is being maintained at the location, the commission may examine all books, papers, records, documents, supplies and equipment of the certificate holder.(k) The following recordkeeping requirements apply to certificate holders:(1) records must be maintained to reflect separate totals for alcoholic beverage sales or service, food sales, and all other sales categories at the location that, when combined, make up the location's total sales;(2) purchase invoices must be maintained to reflect the total purchases of alcoholic beverages, food and all other purchase categories at the location;(3) complimentary alcoholic beverages must be recorded and included in the total alcoholic beverage sales as if they were sold and clearly marked as being complimentary; and(4) all records must be maintained for four years and made available to authorized representatives of the commission upon request.(l) In considering alcoholic beverage sales, the dollar value of complimentary drinks shall be added to total sales or service of alcoholic beverages in determining the percentage of alcoholic beverage sales or service from the licensed premises.(m) In determining the permanent food service facilities requirement for businesses qualifying under subsection (c)(3)(A) of this section, the gross receipts of all business entities sharing the location will be considered. For audit purposes, it shall be the responsibility of the food and beverage certificate holder to provide financial and accounting records related to food, alcohol, and other major sales categories of all business entities sharing the location. For audit purposes, if such information that is provided is deemed insufficient to determine if a license or permit holder qualifies for issuance of a food and beverage certificate at the location, the computation and determination of the percentage of alcohol sales or service fees to total gross receipts at the licensed location may be based upon any available records of information.", "sourceNote": "Source Note: The provisions of this §33.5 adopted to be effective August 31, 1995, 20 TexReg 6321; amended to be effective December 8, 2016, 41 TexReg 9504; amended to be effective December 18, 2017, 42 TexReg 7121; amended to be effective December 31, 2020, 45 TexReg 8770; amended to be effective September 1, 2021, 46 TexReg 5178; amended to be effective January 1, 2022, 46 TexReg 8242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201961", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "APPLICATIONS" }, "rule": { "number": "§33.6", "label": "Financial Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206002", "queryAsDate": "03/11/2026" }, "ruleBody": "For the purposes of Alcoholic Beverage Code, §102.06, \"a person who has a financial interest in a package store permit or wine only package store permit\" shall mean one who holds an ownership interest in the business, or assets thereof, of a package store or wine only package store permittee. This rule shall not be construed as authorizing any unfair trade practice or discrimination in violation of the tied-house provisions of the Alcoholic Beverage Code.", "sourceNote": "Source Note: The provisions of this §33.6 adopted to be effective December 31, 2020, 45 TexReg 8770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206002", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "APPLICATIONS" }, "rule": { "number": "§33.10", "label": "Citizenship and Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203896", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual who applies for a license or permit shall, at the time of filing the application, be a United States citizen or legally authorized to work in the United States. The commission will not issue a license or permit to a person that will cause the person to be in violation of the person's immigration status and/or result in the individual being illegally in the United States.(b) No license or permit shall be issued to a corporation, partnership, firm, association, or other legal entity, other than an individual, unless the entity is formed by filing a certificate of formation or registered to transact business in this state. This requirement does not apply to:(1) An entity holding a brewer's license, and other licenses and permits as are necessary to the operation of the brewer's license;(2) A holder of a carrier's permit; or(3) A foreign corporation that was engaged in the legal alcoholic beverages business in this State under charter or permit prior to August 24, 1935.", "sourceNote": "Source Note: The provisions of this §33.10 adopted to be effective May 20, 2008, 33 TexReg 3936; amended to be effective December 31, 2020, 45 TexReg 8770; amended to be effective September 1, 2021, 46 TexReg 5178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203896", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "FEES AND PAYMENTS" }, "rule": { "number": "§33.22", "label": "Administrative Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224670", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to §5.31 and §5.55 of the Alcoholic Beverage Code.(b) The commission will charge fees for online transactions in the amount authorized by the Texas Department of Information Resources for processing online transactions utilizing the Texas.Gov portal.(c) The commission may charge reasonable administrative fees for changes of address or ownership or other administrative changes not necessarily related to the issuance of certificates, licenses, and permits under Title 3 of the Code.", "sourceNote": "Source Note: The provisions of this §33.22 adopted to be effective February 17, 2021, 46 TexReg 1054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224670", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "FEES AND PAYMENTS" }, "rule": { "number": "§33.23", "label": "License and Permit Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206006", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section relates to Alcoholic Beverage Code §5.50. (b) Each applicant for a license, permit, or certificate issued by the commission shall submit with the application the fee for that license, permit, or certificate that is listed in Fig. 33.23(b). Attached Graphic(c) An applicant for a Nonprofit Entity Temporary Event authorization shall pay a fee of $50 per day, pursuant to §33.78 of this title. The authorization must be in effect for all days that alcoholic beverages will be present at the temporary event location, from delivery to removal.(d) An organization that holds a private club exemption certificate permit under Alcoholic Beverage Code §32.11 is exempt from the requirement to pay a fee.(e) The commission shall review all fees at least once every four years and shall adjust fees as necessary.", "sourceNote": "Source Note: The provisions of this §33.23 adopted to be\r\neffective September 15, 1993, 18 TexReg 5883; amended to be effective\r\nMarch 29, 1994, 19 TexReg 1826; amended to be effective September\r\n1, 1994, 19 TexReg 5627; amended to be effective September 1, 1995,\r\n20 TexReg 6322; amended to be effective October 1, 1996, 21 TexReg\r\n8656; amended to be effective October 1, 1997, 22 TexReg 8039; amended\r\nto be effective September 1, 2002, 27 TexReg 6293; amended to be effective\r\nSeptember 12, 2005, 30 TexReg 5800; amended to be effective September\r\n11, 2008, 33 TexReg 7514; amended to be effective February 12, 2009,\r\n34 TexReg 807; amended to be effective September 1, 2011, 36 TexReg\r\n5205; amended to be effective October 24, 2013, 38 TexReg 7302; amended\r\nto be effective April 16, 2018, 43 TexReg 2266; amended to be effective\r\nDecember 26, 2018, 43 TexReg 8430; amended to be effective September\r\n1, 2021, 46 TexReg 5178; amended to be effective April 14, 2025, 50\r\nTexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206006", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "FEES AND PAYMENTS" }, "rule": { "number": "§33.24", "label": "Late Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206007", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications for renewal of a license or permit after its expiration date are subject to additional late filing fees pursuant to §33.2 of this title.(b) Applications for temporary event authorizations are subject to additional late filing fees pursuant to §33.74 of this title.", "sourceNote": "Source Note: The provisions of this §33.24 adopted to be effective September 1, 2021, 46 TexReg 5178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206007", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "FEES AND PAYMENTS" }, "rule": { "number": "§33.25", "label": "Refunds of License and Permit Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206004", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For an application for an original license or permit under Alcoholic Beverage Code §11.08, the commission will refund the license or permit fee if the license or permit is not issued for any reason.(b) For an application for renewal of an existing license or permit, the commission will refund the license or permit fee if, prior to expiration, the applicant withdraws the application or the application is denied. If the application is withdrawn or denied after the license or permit expiration date, the applicant's fee will not be refunded.(c) No refunds will be issued for temporary event authorizations or late fees pursuant to §33.73(l) of this chapter.(d) All refunds of license and permit fees will be remitted to the person or entity named in the license or permit application or renewal application, regardless of who paid the fee.", "sourceNote": "Source Note: The provisions of this §33.25 adopted to be effective September 1, 2021, 46 TexReg 5178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206004", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "FEES AND PAYMENTS" }, "rule": { "number": "§33.26", "label": "Secondary Licenses, Permits, and Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206005", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section relates to Alcoholic Beverage Code §11.09 and §61.03.(b) Secondary licenses, permits, and certificates that require the holder to first obtain another license or permit expire upon expiration or cancellation of the primary license or permit.(c) A temporary license or permit expires on the date indicated on the license or permit or on the same date as the primary license or permit, whichever occurs earlier.(d) Fees for a secondary license, permit, or certificate will not be prorated or refunded.", "sourceNote": "Source Note: The provisions of this §33.26 adopted to be effective September 1, 2021, 46 TexReg 5178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206005", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "FEES AND PAYMENTS" }, "rule": { "number": "§33.29", "label": "Registration of Nonresident Brewer's Agent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201969", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Nonresident brewer's agents shall register with the Commission in the manner prescribed by the Commission, as authorized by Chapter 58 of the Alcoholic Beverage Code.(b) The annual fee to register a nonresident brewer's agent is $2,500.", "sourceNote": "Source Note: The provisions of this §33.29 adopted to be effective December 16, 2019, 44 TexReg 7682; amended to be effective September 1, 2021, 46 TexReg 5178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201969", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "C", "label": "BONDS" }, "rule": { "number": "§33.40", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201970", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule applies to conduct surety bonds, performance bonds, excise tax bonds, and bonds for alternating brewery proprietorships and contract brewing arrangements (\"bonds\").(b) Submission of Bond with Application.(1) When required by the Alcoholic Beverage Code to submit a bond, an applicant for an original or renewal license or permit shall submit with its license or permit application the required bond or alternative form of surety, as authorized under this section.(2) Failure to submit the necessary bond or alternative form of surety in proper form will result in denial of the application.(c) A bond required under the Alcoholic Beverage Code must be executed only on forms prescribed by the TABC with the licensee or permittee as principal, a qualified surety company doing business in this state as surety, and the state as payee.(d) All bonds shall be payable in Travis County.(e) A license or permit holder shall obtain, submit, and maintain a separate bond for each license or permit it holds.(f) A licensee or permittee required to furnish a bond under this section may furnish, in lieu of all or part of the amount of the bond required, one or more certificates of deposit or savings accounts assigned to the state or one or more letters of credit. If an assignment of a certificate of deposit, savings account, or letter of credit is furnished in lieu of a bond, the executive director or their designee shall keep it in the agency's possession. Interest earned on a certificate of deposit or savings account is not subject to the assignment and remains the property of the owner of the certificate of deposit or savings account.(g) A certificate of deposit or savings account furnished in lieu of a bond by a licensee or permittee must be assigned to the state, in a manner approved by the executive director or their designee, to secure payment to the state.(h) A letter of credit furnished in lieu of a bond by a licensee or permittee must be on a form approved by the executive director or their designee and contain any conditions required by the executive director to secure payment to the state.(i) Qualifications of Surety Company.(1) A surety company, to qualify to provide bonds under this subchapter, must be licensed by this state and in \"good standing\" with the State Board of Insurance, Comptroller of Public Accounts, Secretary of State, and any other regulatory agencies with jurisdiction over its affairs.(2) In addition to the requirements of Alcoholic Beverage Code §§11.11 and 61.13, a bank or credit union must have a physical facility in this state to accept cash deposits, make cash advances to customers and carry out day-to-day operations within this state.(j) Each bond required by this subchapter must cover the permit or license period and must be maintained until it is released or forfeited or, if it is a bond required by §33.45(b), until it is terminated by the surety pursuant to Alcoholic Beverage Code §11.71.(k) Release of Surety.(1) Upon expiration of the license or permit, its voluntary cancellation, or upon the applicant's subsequent approval for exemption from the surety requirement, the licensee or permittee may request the release and return of the security supporting their license or permit.(2) The release of the surety will not be unreasonably withheld; however, the surety company, bank, or credit union is not released from its obligation until it receives written notice of the release from the commission.(3) The executive director may not release a surety bond until the surety company has paid and discharged in full all of its liabilities on the bond to the state as of the date of cancellation.(l) General Provisions regarding Bond Forfeiture.(1) When a permit or license is revoked, the commission shall notify the permittee or licensee in writing of its intent to seek forfeiture of the bond.(2) Upon entry of a final order against the permittee or licensee or upon waiver of hearing by the permittee or licensee, the commission shall notify the surety company to remit to the state the full amount of the surety required within ten days after notification.(m) For purposes of this subchapter, an order issued pursuant to an agreement of the parties in which the permittee or licensee waives its right to a hearing is a final adjudication of the violation that is the subject of the agreement and order.(n) Violations of the Code or commission rules by the legal entity in the name of which a bond or other surety is held or by any of its officers, directors, or partners are counted toward and may result in cancelation, forfeiture, or exemption from the requirement to post a bond or other surety.(o) In a joint venture, regardless of the type of legal entity formed, prior violations by any participant in the joint venture will disqualify the joint venture from exemption from the requirement to post a bond or other surety.(p) Neither the bondholder nor any officer, director, or partner of a bondholding entity may be granted a new license or permit until a forfeited bond or other surety is paid.(q) The commission may seek forfeiture of a bond due to cancellation of the license or permit for any reason, including cancellation for multiple violations of Alcoholic Beverage Code §§102.31 and 102.32.", "sourceNote": "Source Note: The provisions of this §33.40 adopted to be effective December 31, 2020, 45 TexReg 8771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201970", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "C", "label": "BONDS" }, "rule": { "number": "§33.41", "label": "Conduct Surety Bonds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201971", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies only to conduct surety bonds required by Alcoholic Beverage Code §§11.11 and 61.13.(b) A conduct surety bond, assignment of certificate of deposit, savings account, or letter of credit must cover the minimum time required for the applicant to qualify for exemption from the surety requirement imposed by Alcoholic Beverage Code §§11.11 and 61.13.(c) A permittee or licensee who is required to file a conduct surety bond may furnish instead of all or part of the required bond amount:(1) one or more certificates of deposit assigned to the state issued by a federally insured bank or by a credit union authorized to do business in this state; or(2) one or more letters of credit issued by a federally insured bank or credit union authorized to do business in this state.(d) Pursuant to Alcoholic Beverage Code §11.11(e), a license or permit holder is exempt from the requirement to post a conduct surety bond if, at the time the commission receives the second renewal application for the license or permit, the holder of the license or permit:(1) has not had any license or permit revoked within the preceding five years;(2) is not the subject of a pending revocation or cancelation proceeding; and(3) has continuously operated on the licensed or permitted premises for at least three years before the date the holder applied for renewal of the license or permit.(e) Forfeiture of a Conduct Surety Bond.(1) When a license or permit is cancelled, or upon a final adjudication that the licensee or permittee has committed three violations of the Alcoholic Beverage Code prior to the exemption date, the commission shall notify the licensee or permittee, in writing, of its intent to seek forfeiture of the bond or alternative form of surety.(2) The licensee or permittee may, within 30 days of the notice specified in paragraph (1) of this subsection, request a hearing on the question of whether the criteria established by Alcoholic Beverage Code §§11.11 and 61.13 and by this section for forfeiture of the bond or alternative form of surety have been satisfied. The hearing shall be conducted in accordance with Chapter 2001 of the Government Code.(3) Evidence that an agent or servant of the licensee or permittee has been adjudicated guilty of, or granted deferred adjudication for, an offense under the Alcoholic Beverage Code, because of conduct occurring during the performance of their duties for the licensee or permittee, shall constitute evidence of an adjudication that the licensee or permittee has violated a provision of the Alcoholic Beverage Code. This paragraph only applies to violations which were not attributable to the licensee or permittee because of the operations of Alcoholic Beverage Code §106.14.(4) Upon entry of final order against the licensee or permittee in the hearing described in paragraph (2) of this subsection, or upon waiver of said hearing by the licensee or permittee, the commission shall notify the surety company, bank, or credit union to remit to the state the amount of surety required within ten days after notification.(5) The commission may institute action to recover the amount of the surety in its own name, for the benefit of the state, as set forth in Alcoholic Beverage Code §11.70.(6) Counting Violations for Conduct Surety Bond Forfeiture Purposes.(A) Except as provided by subsection (B) of this section, the commission may seek forfeiture of a conduct surety bond upon the third violation during the effective period of the bond, including warnings, of any statute or rule under the commission's jurisdiction.(B) For violations of Alcoholic Beverage Code §§102.31 and 102.32, the first six incidents may not be counted as violations supporting bond forfeiture. The seventh and subsequent violations will be counted as violations supporting bond forfeiture.(C) Violations in which the license or permit holder has qualified for the legal protections of Alcoholic Beverage Code §106.14 (related to Actions of Employee) will be considered for forfeiture purposes according to §§11.11(b)(2) and 61.13(b)(2) of the Code.(7) The commission will not seek forfeiture of a surety bond due solely to violations of Alcoholic Beverage Code §§102.31 and 102.32, but may seek forfeiture based upon violations of §§102.31 and/or 102.32 in combination with at least one other violation of the Code or commission rules.", "sourceNote": "Source Note: The provisions of this §33.41 adopted to be effective December 31, 2020, 45 TexReg 8771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201971", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "C", "label": "BONDS" }, "rule": { "number": "§33.42", "label": "Performance Bonds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205996", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to performance bonds, which are the bonds required by Alcoholic Beverage Code §11.61(b-1) and §61.71(l).(b) The first performance bond filed by a licensee or permittee with the commission as prescribed under §11.61(b-1) and §61.71(l) of the Alcoholic Beverage Code shall be in the amount of $2,000. In the event the first bond is forfeited to the commission, a licensee or permittee must file a second bond with the commission as prescribed under those provisions in the amount of $4,000 before a license or permit may be reinstated. In the event the second bond is forfeited to the commission, a licensee or permittee must file a third bond issued under those provisions in the amount of $6,000 before a license or permit may be reinstated. If a permit or license that is secured by a performance bond is cancelled, the performance bond in place at the time of cancellation is forfeited to the commission.(c) A permittee or licensee who is required to file a performance bond may furnish instead of all or part of the required bond amount:(1) one or more certificates of deposit assigned to the state issued by a federally insured bank or by a credit union authorized to do business in this state; or(2) one or more letters of credit issued by a federally insured bank or credit union authorized to do business in this state.(d) Forfeiture of Performance Bonds.(1) Except as provided by paragraph (2) of this subsection, the commission may seek forfeiture of a performance bond upon violation of any statute or rule under the commission's jurisdiction.(2) For violations of Alcoholic Beverage Code §§102.31 and 102.32, the first six incidents may not be counted as violations supporting bond forfeiture. The seventh and subsequent violations will be counted as violations supporting bond forfeiture.", "sourceNote": "Source Note: The provisions of this §33.42 adopted to be effective December 31, 2020, 45 TexReg 8771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205996", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "C", "label": "BONDS" }, "rule": { "number": "§33.43", "label": "When Excise Tax Bonds Are Necessary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224671", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is promulgated pursuant to Alcoholic Beverage Code §5.31, relating to General Powers and Duties, §204.01(g), relating to Bond Required, and §204.07, relating to Waiver of Bond Requirement.(b) This section applies only to bonds required by §63.03 and Chapter 204 of the Alcoholic Beverage Code.(c) The commission determines that it is no longer necessary or appropriate to require that every applicant who is subject to Chapter 204 of the Alcoholic Beverage Code furnish with its application the bond that is otherwise required by that chapter.(d) The commission determines that it is necessary and appropriate to require that a bond under Chapter 204 of the Alcoholic Beverage Code be furnished upon renewal of its license or permit by a licensee or permittee who:(1) is subject to Chapter 204 of the Alcoholic Beverage Code; and(2) has not made, on or before the due date, a required payment of $500 or more for a tax or fee imposed by the Alcoholic Beverage Code.(e) It is the commission's judgment, under Alcoholic Beverage Code §63.03, that the appropriate amount of bond that is required from the holder of a nonresident brewer's license to protect the revenue of the state from the tax due on malt beverages over any six-week period is zero. Therefore, no bond is required of the holder of a nonresident brewer's license, because the revenue of the state is protected for these reasons:(1) a holder of a nonresident brewer's license is not liable for payment of the malt beverage tax pursuant to Alcoholic Beverage Code §203.02; and(2) even when the nonresident brewer transports malt beverages into the state in a motor vehicle owned or leased by him, the malt beverage must be delivered to the holder of a distributor's license, who:(A) is liable for payment of the malt beverage tax pursuant to Alcoholic Beverage Code §203.02; and(B) is subject to the requirement of a bond to protect the revenue of the state when necessary and appropriate as determined in §33.44 of this title.", "sourceNote": "Source Note: The provisions of this §33.43 adopted to be effective December 31, 2020, 45 TexReg 8771; amended to be effective September 1, 2021, 46 TeReg 5178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224671", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "C", "label": "BONDS" }, "rule": { "number": "§33.44", "label": "Excise Tax Bonds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224672", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Excise Tax Bond Required.(1) Each holder of a general distributor's license, local distributor's permit, or branch distributor's license, and each holder of a brewer's license acting under the authority of Texas Alcoholic Beverage Code §62.122, who has not made, on or before the due date, a required payment of $500 or more for a tax or fee imposed by the Alcoholic Beverage Code shall furnish a bond to ensure the payment of the tax on malt beverage imposed by the Texas Alcoholic Beverage Code §203.01.(2) Each holder of a winery permit who has not made, on or before the due date, a required payment of $500 or more for a tax or fee imposed by the Alcoholic Beverage Code shall furnish a bond to ensure the payment of the tax on vinous liquor imposed by Texas Alcoholic Beverage Code §201.04.(b) Each bond required under this section shall be set by the executive director at an amount determined pursuant to §41.39 of this title that will protect the state against the anticipated tax liability of the principal for any six-week period based on previous average alcoholic beverage sales or estimates of the future average volume of sales.(c) The requirement under this section to furnish a bond shall be imposed at the next renewal of the license or permit after the failure to make a timely payment of the amount specified in subsection (a) of this section.(d) A finding of deficiency as a result of an audit does not constitute a failure to pay a tax when due, if the deficiency and any applicable penalty are paid within 10 days of the date of demand for payment by the commission.(e) A licensee or permittee required to furnish a bond under subsection (a) of this section is again entitled to exemption from the surety requirement if the licensee or permittee:(1) pays all delinquent taxes and fees and any applicable penalties; and(2) pays all taxes and fess required by the Texas Alcoholic Beverage Code on or before the due date for 18 consecutive months after the month in which the delinquent taxes and fees and penalties are paid.(f) If a licensee or permittee fails to pay a tax or fee imposed by the Texas Alcoholic Beverage Code on or before the due date and the licensee or permittee holds multiple licenses or permits, the requirements for a bond shall be imposed under subsection (a) of this section only on the license or permit covering the licensed or permitted premises for which the tax or fee and any applicable penalty were not timely paid.(g) If another license or permit is required, incidental to the operation of a business for which a basic license or permit is procured, the executive director may accept one bond to support all of the licenses and permits. The executive director shall determine the amount of the bond.(h) All bonds or other forms of security under this section that are in place on the effective date of this section, as amended, shall remain in place for the length of time specified on the bond or other form of security when it was furnished to the commission.", "sourceNote": "Source Note: The provisions of this §33.44 adopted to be\r\neffective December 31, 2020, 45 TexReg 8771; amended to be effective\r\nSeptember 1, 2021, 46 TeReg 5178; amended to be effective April 14,\r\n2025, 50 TexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224672", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "C", "label": "BONDS" }, "rule": { "number": "§33.45", "label": "Bonds for Alternating Brewery Proprietorships and Contract Brewing Arrangements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201454", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section relates to Alcoholic Beverage Code §§62.14 and 63.05.(b) A bond in the amount of $30,000 must be posted with the commission by each applicant for or holder of a brewer's license or nonresident brewer's license that:(1) is a party to an alternating brewery proprietorship or a contract brewing arrangement; and(2) does not own a fee interest in a brewing facility, whether domestic or foreign.(c) A licensee who was not subject to the bond requirements of subsection (b) of this section at the time of application must post the required bond at the time it becomes subject to those requirements. (d) The licensee may, within 30 days of the notice specified in §33.40(l)(1) of this title request a hearing on the question of whether the criteria established by this section for forfeiture of a bond have been satisfied. The hearing shall be conducted in accordance with Chapter 2001 of the Government Code.(e) Release of Surety. A license holder may request release and return of the surety required by subsection (b) of this section upon:(1) expiration of the license; (2) voluntary cancellation of the license;(3) verification that the applicant or license holder has acquired fee interest in a brewing facility (as appropriate in reference to subsection (b) of this section); or (4) verification that the license holder no longer is a party to an alternating brewery proprietorship or contract brewing arrangement.(f) The commission may seek forfeiture of a bond under this section for a violation of any one or more of the terms of the bond.", "sourceNote": "Source Note: The provisions of this §33.45 adopted to be\r\neffective December 31, 2020, 45 TexReg 8771; amended to be effective\r\nSeptember 1, 2021, 46 TeReg 5178; amended to be effective April 14,\r\n2025, 50 TexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201454", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.50", "label": "Purpose and Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201455", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter implements and is authorized by Alcoholic Beverage Code §§11.43 through 11.432.", "sourceNote": "Source Note: The provisions of this §33.50 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201455", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.51", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201457", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms have the following meanings when used in this subchapter:(1) \"Commission\" - the Texas Alcoholic Beverage Commission as an agency of the State of Texas, and not to the Commissioners, either individually or as a body.(2) \"Complaint\" - a written expression of concern regarding a person or business that holds or has applied for a TABC license or permit, or a person or business that the complainant believes is violating the Alcoholic Beverage Code or laws related to alcoholic beverages. Complaints are handled according to §31.11 (relating to Resolution and Information on Complaints). A complaint is not a request for a contested case hearing, does not itself initiate a legal proceeding, and does not afford any legal rights or party status to the complainant. Any person can file a complaint at any time.(3) \"Protest\" - a written request for an administrative contested case hearing in which the protestant will participate as a party and present evidence to a trier of fact to prove that a license or permit should not be issued or renewed as proposed. A protest will only be granted if filed by a person with legal standing and supported by reasonable grounds.(4) \"Reasonable grounds\" - allegations or concerns regarding a matter within the commission's jurisdiction that are supported by credible evidence or information, and includes the circumstances described in Alcoholic Beverage Code §§11.46 through 11.481, 61.42 through 61.46, and 61.50.(5) \"Received\" - An application for a new license or permit or a renewal is considered received on the date the commission updates its public database to show the application as pending. An application is designated as pending only when the application is complete, meaning that the commission has received all required information and fees.(6) \"SOAH\" - the State Office of Administrative Hearings.(7) \"Uncontested\" - An application is uncontested if no valid protests have been timely filed or if all valid protests have been withdrawn.", "sourceNote": "Source Note: The provisions of this §33.51 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201457", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.53", "label": "Applicable Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201458", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise indicated, an application for a license or permit is subject to the rules in effect as of the date the application is received.", "sourceNote": "Source Note: The provisions of this §33.53 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201458", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.54", "label": "Delegation of Application Approvals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212365", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission delegates to the executive director or their designee the authority to approve an uncontested license or permit application pursuant to Alcoholic Beverage Code §11.43(d).", "sourceNote": "Source Note: The provisions of this §33.54 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212365", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.55", "label": "Conditional Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201460", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless the exception in subsection (b) of this section applies, the commission shall not issue a new license or permit until 15 days have elapsed since the commission updated its public database to show the application as pending.(b) If the executive director determines that there is a compelling reason to issue a license or permit before 15 days have elapsed since the commission updated its public database to show the application as pending, the executive director may grant conditional approval of the license or permit. If no valid protests are filed at the end of the 15-day period, the license or permit becomes approved by operation of law. If one or more valid protests are filed before the time period for filing protests has expired, the conditional approval is revoked and the executive director shall provide notice of the revocation to the applicant.(c) Approval of an application for a license or permit is conditional until the payment of application fees has cleared. If a financial instrument is returned for insufficient funds, or there is any other failure of fee payment, and the applicant fails to remit required fees within ten (10) business days of the agency's request for payment, the application may be considered withdrawn by the applicant pursuant to section 33.57 of this title. If the application is considered withdrawn, conditional approval is revoked, and the executive director shall provide notice of the revocation to the applicant. Revocation of conditional approval for a renewal application results in expiration of the license or permit and the applicant must re-apply and pay the fees for an original license or permit application.(d) An applicant who chooses to proceed with operations while subject to a conditional approval does so at its own risk of loss in the event that the conditional approval is revoked and it fails to obtain or maintain the necessary license or permit. If an applicant fails to obtain the license or permit following conditional approval, the commission shall refund fees paid pursuant to section 33.25 of this title.", "sourceNote": "Source Note: The provisions of this §33.55 adopted to be effective December 31, 2020, 45 TexReg 7241; amended to be effective February 13, 2023, 48 TexReg 660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201460", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.56", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224673", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At any time prior to or during a contested case hearing, any party in a disciplinary matter may request referral to alternative dispute resolution (ADR).(b) Parties may agree to mediate a dispute through a mediator employed by the State Office of Administrative Hearings or through a private mediator. Mediation through SOAH is subject to SOAH's rules for mediation (Title 1 Texas Administrative Code); the Administrative Procedure Act (Tex. Gov't Code Ch. 2001); laws relating to SOAH administrative procedure in Tex. Gov't Code Ch. 2003; and Tex. Gov't Code Ch. 2009, relating to ADR for use by governmental bodies.(c) If the parties elect to use a private mediator:(1) the participants must unanimously agree to use a private mediator;(2) the participants must unanimously agree to the selection of the person to serve as the mediator; and(3) the mediator must agree to be subject to all time limits imposed by the executive director, the administrative law judge, statute, or regulation.(d) If a private mediator is used, the costs for the services of the mediator shall be apportioned equally among the participants, unless otherwise agreed upon in writing by the participants, and shall be paid directly to the mediator. In no event, however, shall any such costs be apportioned to a governmental subdivision or entity.(e) All mediators in commission mediation proceedings shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.", "sourceNote": "Source Note: The provisions of this §33.56 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224673", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.57", "label": "Application Withdrawn" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201462", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant may withdraw its application at any time prior to issuance or renewal of the license or permit that is the subject of the application or the denial of the application.(b) If an applicant fails to respond to requests from the TABC for additional information or for remittance of a license or permit fee within ten (10) calendar days of the request, the TABC may consider the application withdrawn by the applicant.(c) An application that is withdrawn is not considered denied and may be refiled at any time. Withdrawal of an application, whether affirmatively by the applicant or due to the applicant's failure to respond to requests for information or fees, does not trigger the right to appeal or any other due process rights.", "sourceNote": "Source Note: The provisions of this §33.57 adopted to be\r\neffective December 31, 2020, 45 TexReg 7241; amended to be effective\r\nApril 14, 2025, 50 TexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201462", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.58", "label": "Management Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201463", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At any time, the executive director or person to whom he or she delegates authority may place a management review on a license or permit, address, or person so that upon receipt of an application, an issue of concern within the agency's jurisdiction is addressed.(b) An application remains pending until the management review is resolved and removed.(c) A license or permit holder may continue to operate under its current license or permit while a management review related to its renewal application is pending.(d) A license or permit holder may not surrender its existing license or permit while it is subject to a management review but may withdraw its renewal application.", "sourceNote": "Source Note: The provisions of this §33.58 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201463", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.59", "label": "Denial of Application after Referral of Protest for Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201464", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the event that a valid protest results in referral for hearing under Alcoholic Beverage Code §11.43(f) and that the executive director subsequently identifies at least one legal ground to deny the application, the executive director shall request that the application be remanded to the commission from the State Office of Administrative Hearings and upon remand, shall recommend to the commission that the application be denied, as required by Alcoholic Beverage Code §11.43(g).(b) Concurrent with the request for remand from SOAH, the executive director shall provide notice to each protestant that:(1) the executive director will be recommending denial of the application to the commission;(2) the case will be remanded to TABC for processing under §11.43(g), et seq; (3) if the applicant does not request a hearing on the denial recommendation, the application will be sent to the commission for a vote on denial; and(4) if the applicant requests a hearing on the denial recommendation or the commission declines to deny the permit, the application shall be referred to SOAH for a hearing in which the protestant(s) are parties.(c) If the executive director recommends to the commission that an application be denied and a valid protest has been referred for hearing and not withdrawn, the commission may only deny the application or refer it back to SOAH for a hearing on the previously referred protest(s).", "sourceNote": "Source Note: The provisions of this §33.59 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201464", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.60", "label": "Request for Hearing on Recommendation of Application Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201465&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201465", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the executive director recommends denial of an application for a license or permit, notice of the recommendation shall be transmitted to the applicant by the commission.(b) An applicant may request an administrative hearing on the executive director's denial recommendation by filing a written request for hearing with the commission within thirty (30) days of the date on the notice of the denial recommendation.(c) A request for hearing under this section must be filed by mail to Texas Alcoholic Beverage Commission, ATTN: Clerk, P.O. Box 13127, Austin, Texas, 78711 or by electronic mail to clerk@tabc.texas.gov.(d) If the applicant files a timely request for hearing, the executive director will refer the application to SOAH for a hearing pursuant to Alcoholic Beverage Code §11.43(h).(e) If the applicant does not file a timely request for hearing, the recommendation for denial of the application will be set for consideration by the commission at the next available regular commission meeting.", "sourceNote": "Source Note: The provisions of this §33.60 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201465&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201465", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.61", "label": "Commission Action on Contested Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201466", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to the application review process in Alcoholic Beverage Code §§11.43(h) and 61.31(b).(b) Except as provided by subsection (c) of this section, the executive director shall place all proposals for decision issued by an administrative law judge under Alcoholic Beverage Code §11.43(h) on a consent agenda for commission vote. If the commission votes to approve a contested application by consent, the executive director shall issue the license or permit.(c) The executive director shall set a proposal for decision issued by an administrative law judge under Alcoholic Beverage Code §11.43(h) for individual consideration on the commission's regular agenda at the request of:(1) the presiding officer of the commission; or(2) at least two commission members.", "sourceNote": "Source Note: The provisions of this §33.61 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201466", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.62", "label": "Filing a Protest of a License or Permit Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201467", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A protest of a license or permit application must be:(1) filed by a person or persons with legal standing to contest the issuance or renewal of the license or permit under Alcoholic Beverage Code §§11.431, 11.432, 61.313, or 61.314;(2) timely filed according to subsection (b) of this section;(3) in writing;(4) submitted in at least one of the following manners:(A) through the TABC's online protest tool, if available;(B) by mailing either a completed TABC protest form, available on the TABC website, or a letter that meets the requirements of subsection (c), below, to the Texas Alcoholic Beverage Commission, ATTN: Licensing Protest Coordinator, P.O. Box 13127, Austin, Texas, 78711; or(C) by e-mailing either a completed TABC protest form, available on the TABC website, or a letter that meets the requirements of subsection (c) of this section to the protest email address for the TABC Region in which the applicant premises is located, as follows:(i) Protests_Reg1@tabc.texas.gov(ii) Protests_Reg2@tabc.texas.gov(iii) Protests_Reg3@tabc.texas.gov(iv) Protests_Reg4@tabc.texas.gov; or(v) Protests_Reg5@tabc.texas.gov; and(5) complete, including all information required by this rule.(b) A protest must be filed within the following time limits:(1) For an application for an original license or permit or a change of location under Alcoholic Beverage Code §11.08, a protest is timely if it is filed between 60 days prior to and 15 days after the date the commission deems the application complete. When an application is deemed complete, the commission will update its public database to show the application as pending.(2) For an application for renewal of a license or permit, a protest is timely filed if it is filed within 60 days prior to the expiration date of the license or permit, up to the expiration date.(c) A protest filed by a member of the public must include the following elements:(1) the first and last name and physical address of the property of the person or persons filing the protest;(2) the approximate distance of the person's home from the premises or proposed premises;(3) contact information for the person filing; and(4) all reasonable grounds that are the basis for the protest.(d) A protest filed by a government official must include the following elements:(1) the name of the official, the office held, and contact information;(2) a description of the geographic limits of the official's jurisdiction; and(3) the basis or bases for the protest.(e) A protest that fails to meet any of the requirements of this rule may be rejected. A person whose protest is rejected may refile the protest with corrections to meet the rule requirements within the time period prescribed by subsection (b) of this section and/or refile the concerns as a complaint at any time, according to §31.10, Filing a Complaint. The determination of the validity of a protest is not a contested case subject to the Texas Administrative Procedure Act (Tex. Gov't Code Ch. 2001).", "sourceNote": "Source Note: The provisions of this §33.62 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201467", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "APPLICATION REVIEW AND PROTESTS" }, "rule": { "number": "§33.63", "label": "Withdrawal of Protest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216536", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A protestant may withdraw their protest at any time prior to the commission's final decision. Withdrawal of a protest may not be subject to any conditions.(b) A withdrawal of a protest must be submitted in writing to the Texas Alcoholic Beverage Commission, ATTN: Licensing Protest Coordinator, P.O. Box 13127, Austin, Texas, 78711, or to the protest email address for the TABC Region in which the applicant premises is located, as follows:(1) Protests_Reg1@tabc.texas.gov(2) Protests_Reg2@tabc.texas.gov(3) Protests_Reg3@tabc.texas.gov(4) Protests_Reg4@tabc.texas.gov; or(5) Protests_Reg5@tabc.texas.gov.(c) The protestant should also transmit a copy of the withdrawal to the applicant.(d) If all protests have been withdrawn, the executive director may grant the application and issue the license or permit, subject to other applicable statutes or rules.", "sourceNote": "Source Note: The provisions of this §33.63 adopted to be effective December 31, 2020, 45 TexReg 7241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216536", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.70", "label": "Scope and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216537", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter relates to Chapters 14, 16, 25, 28, 30, 32, and 69 of the Alcoholic Beverage Code.(b) Except where otherwise specified, rules in this subchapter apply to all temporary events, including those requiring Temporary Event Approvals, Nonprofit Entity Temporary Event Permits, and File and Use Notifications (\"event authorizations\").", "sourceNote": "Source Note: The provisions of this §33.70 adopted to be effective September 1, 2021, 45 TexReg 8771; amended to be effective February 12, 2024, 49 TexReg 658." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216537", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.71", "label": "Classification of Event Authorizations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226958", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A File and Use Notification does not require prior approval of the commission and may be used only if:(1) the estimated total wholesale value of the alcohol to be provided or sold at the event is less than $10,000;(2) the estimated attendance at the event is not more than 500 persons;(3) the event is private and not open to the general public;(4) the event is not sponsored by a member of the wholesale tier or the manufacturing tier, unless the event is conducted pursuant to Chapters 14 or 16 of the Alcoholic Beverage Code; and(5) the owner of the premises where the event will be held has authorized the sale or service of alcohol at the event.(b) In determining whether an event meets the requirement of subsection (a)(3) of this section, the commission may consider whether tickets are sold and whether the event spans more than one day.(c) A Nonprofit Entity Temporary Event is a picnic, celebration, or similar event, such as a cultural, charitable, religious, or civic event of a limited and specified duration that is organized for, and open to the public and is put on by a nonprofit entity as defined by Alcoholic Beverage Code §30.01.(d) For all other events that will be held at a temporary location, a Temporary Event Approval is required.(e) Notwithstanding subsections (a)(1)-(4) and (d) of this section, holders of a distiller's and rectifier's permit may conduct distilled spirits samplings or tastings at a civic or distilled spirits festival, farmers' market, celebration, or similar event in accordance with Alcoholic Beverage Code §14.09 without obtaining prior approval from the Commission by submitting a notice on forms provided by the commission.", "sourceNote": "Source Note: The provisions of this §33.71 adopted to be effective September 1, 2021, 45 TexReg 8771; amended to be effective February 12, 2024, 49 TexReg 658." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226958", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.72", "label": "Term of Authorization; Annual Limitation on Authorizations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210412", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Temporary Event Approvals and File and Use Notifications shall be effective for no more than four consecutive days, except as provided by subsection (b) of this section.(b) Temporary Event Approvals issued to holders of a mixed beverage permit for events conducted in accordance with Alcoholic Beverage Code §28.20 may be effective for:(1) no more than five consecutive days; or(2) up to six consecutive days if necessary to accommodate the postponement of a scheduled event due to an act of nature.(c) A person or entity may use a Temporary Event Approval or File and Use Notification at the same location for no more than ten events in a calendar year if the person or entity that will hold the authorization has an ownership interest in the real property or a portion of it or has a lease for its use of the location. For purposes of this rule, a lease is defined as a contractual agreement by which one party conveys an estate in property to another party, for a limited period, subject to conditions, in exchange for something of value, but retains ownership. The ten-event limitation does not apply to a location that meets the definition of a Public Entertainment Facility in Alcoholic Beverage Code §108.73, regardless of whether it holds that designation.(d) A Nonprofit Entity Temporary Event Permit shall be effective for no more than ten consecutive days unless the executive director or the executive director's designated representative, on the basis of a case-by-case review of the specific situation, grants additional time.(e) Upon written request, the executive director or the executive director's designated representative may make an exception to the limitations of subsections (a), (c), and (d) of this section on a case-by-case basis. An exception request will be granted or denied in writing.(f) Authorization for an event under this subchapter automatically terminates upon issuance of a two-year license or permit for the event location, regardless of the term of the temporary event authorization.(g) The effective dates of an event authorization under this subchapter must cover the period in which alcoholic beverages will be delivered or stored in addition to the event itself.(h) A temporary permit or license expires on the date indicated on the license or permit or on the same date as the primary permit, whichever occurs earlier.", "sourceNote": "Source Note: The provisions of this §33.72 adopted to be\r\neffective September 1, 2021, 45 TexReg 8771; amended to be effective\r\nDecember 6, 2021, 46 TexReg 8242; amended to be effective February\r\n12, 2024, 49 TexReg 658; amended to be effective December 8, 2025,\r\n50 TexReg 7918." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210412", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.73", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202824", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All wine sold or possessed with the intention to sell at an event held in an area where the sale of that type of alcohol has not been authorized by a local option election must comply with the terms of §16.011 of the Alcoholic Beverage Code.(b) A copy of the File and Use Notification form that was filed with the commission, Nonprofit Entity Temporary Event Permit, or Temporary Event Approval and diagram must be displayed in a conspicuous place at the location of the event at all times during the event.(c) The commission may deny authorization under this subchapter if:(1) the information required to be submitted is incomplete or inaccurate;(2) the person requesting the authorization does not qualify for the authorization;(3) the event does not qualify for the authorization; or(4) there is reason to believe that granting the authorization will:(A) result in a violation of the Alcoholic Beverage Code or the rules of the commission; or(B) be otherwise detrimental to the public.(d) The grounds for denying a Nonprofit Entity Temporary Event Permit or Temporary Event Approval shall be communicated in writing to the applicant as soon as is reasonably practical.(e) If an authorization under this subchapter is granted in error, the commission may rescind the authorization at any time.(f) No person authorized under this subchapter shall use that authority to provide alcoholic beverages at any licensed premises during any time that a permit or license for that location is suspended.(g) A Temporary Event Approval or Nonprofit Entity Temporary Event Permit may be used to provide alcoholic beverages for on-premises consumption at a location that has been designated as the licensed premises in a pending application only if:(1) the commission has received an application for the proposed location and payment of all state fees and securities, if applicable, have been submitted;(2) there is no pending protest of the application;(3) the commission has performed an initial review for qualification; and(4) there is no notice sign (60-day sign) pursuant to Alcoholic Beverage Code §§11.391 or 61.381 posted at the event location.(h) The completion of a responsibilities course provided by the commission may be required before a Temporary Event Approval request is granted.(i) The signage requirements for a Temporary Event Approval are the same as those for a primary license or permit and may include signs required by §§5.53, 11.042, and 61.111 of the Alcoholic Beverage Code and §31.4 of this title.(j) All alcoholic beverages being transported shall be accompanied by invoices.(k) The holder of a primary license or permit may return remaining alcoholic beverage products to the primary licensed location. The holder of an event authorized under this subchapter may distribute remaining product as authorized under Alcoholic Beverage Code §109.54.(l) An applicant is not entitled to a refund or proration of fees paid for authorization under this subchapter, including any late filing fees.", "sourceNote": "Source Note: The provisions of this §33.73 adopted to be effective September 1, 2021, 45 TexReg 8771; amended to be effective October 17, 2022, 47 TexReg 6872." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202824", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.74", "label": "Late Filing Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224674", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A request for Temporary Event Approval or application for a Nonprofit Entity Temporary Event Permit filed under this subchapter must be filed at least ten business days prior to the event date to avoid a late filing fee. If the request or application is filed less than ten business days prior to the event date, it must be accompanied by the appropriate late filing fee set forth below, in addition to any other applicable fees.(b) A late filing fee is required for a request for Temporary Event Approval or application for a Nonprofit Entity Temporary Event Permit as follows:(1) a late filing fee of $300 is required for applications submitted seven to nine business days before the event for which the approval or permit is requested.(2) a late filing fee of $500 is required for applications submitted four to six business days before the event for which the approval or permit is requested.(3) a late filing fee of $900 is required for applications submitted one to three business day(s) before the event for which the approval or permit is requested.", "sourceNote": "Source Note: The provisions of this §33.74 adopted to be effective September 1, 2021, 45 TexReg 8771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224674", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.75", "label": "Penalties and Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216539", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons or entities issued a temporary permit or authorization under this chapter must comply with all requirements of the Alcoholic Beverage Code and commission rules applicable to holders of primary retail-tier permits and licenses including, but not limited to, statutes related to the sale, service, possession, distribution, transportation, and advertising of alcoholic beverages in Chapters 104-108 of the Code.(b) The executive director may cancel an authorization under this chapter for violation of the Alcoholic Beverage Code or commission rules occurring during the temporary event covered by the authorization, regardless of the expiration of the temporary authorization. (c) The executive director may temporarily suspend an applicant's right to apply for a temporary authorization for violations of offenses against the general welfare under §34.3 of this title that occur in connection with the use of a temporary authorization. (d) The executive director may assess an administrative penalty for violations of the of the Alcoholic Beverage Code or commission rules for events authorized under this subchapter in the same manner as for two-year permits and licenses under chapter 34 of this title.", "sourceNote": "Source Note: The provisions of this §33.75 adopted to be\r\neffective September 1, 2021, 45 TexReg 8771; amended to be effective\r\nApril 14, 2025, 50 TexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216539", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.76", "label": "File and Use Notifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226959", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify to use a File and Use Notification, the notification must include:(1) all information requested by the commission; and(2) a sworn statement that:(A) the estimated total wholesale value of the alcohol to be provided or sold at the event is less than $10,000;(B) the estimated attendance at the event is not more than 500 persons;(C) the event is private, and not open to the general public;(D) the event is not sponsored by a member of the wholesale tier or the manufacturing tier, unless the event is conducted pursuant to Chapters 14 or 16 of the Alcoholic Beverage Code;(E) the owner of the premises where the event will be held has authorized the sale or service of alcohol at the event; and(F) verifies the wet/dry status of the governing jurisdiction where the event will be held.(b) Except as provided by §33.71(e) of this title, an event that does not meet the criteria in subsection (a)(2) of this section requires approval by the commission.(c) A File and Use Notification does not require approval by the commission and may be submitted less than ten days before the event without incurring a late filing fee.(d) In connection with a notification filed under subsection (a) of this section, the commission may require a letter from the owner of the property where the event will be held, sponsorship and/or promoter agreements, a diagram or site maps, local governmental authorization, and any other documents or agreements needed to determine qualifications under the Code.(e) Persons using a File and Use Notification must keep the following records for four years and provide them to the commission upon request:(1) records of the dollar amount of alcohol purchased and sold/served at the event;(2) the number of event attendees; and(3) an agreement or contract between the permit holder and the venue authorizing the event; including the event date, type of event, and a copy of any invitation to the event or obituary for a funeral related event.", "sourceNote": "Source Note: The provisions of this §33.76 adopted to be effective September 1, 2021, 45 TexReg 8771; amended to be effective February 12, 2024, 49 TexReg 658." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226959", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.77", "label": "Request for Temporary Event Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A request for a Temporary Event Approval shall be made on forms provided by the commission and shall be signed and sworn to by the requestor.(b) The requestor shall e-mail the completed Temporary Event Approval request form to the Events email address for the TABC Region in which the event will be held or, if the requestor holds another TABC permit or license, shall submit the request form through the TABC online portal.(c) The requestor shall remit payment of any late filing fees required by §33.74 of this title at the time the request is filed.(d) In addition to the request form, other documents related to the event that may be required include a letter from the property owner, sponsorship agreements, promoter agreements, concession agreements, management agreements, diagrams, site maps, local governmental authorization (including wet/dry status), and any other documents needed to determine qualification under the Alcoholic Beverage Code.(e) If the event is approved, the commission shall issue a Temporary Event Approval showing on its face the effective dates approved for the event.(f) Upon written notice to the commission, the effective dates for an event conducted pursuant to Alcoholic Beverage Code §28.20 may be extended if necessary to accommodate the postponement of a scheduled event due to an act of nature. The effective dates may not exceed six consecutive days, as provided in §28.20(c).", "sourceNote": "Source Note: The provisions of this §33.77 adopted to be\r\neffective September 1, 2021, 45 TexReg 8771; amended to be effective\r\nFebruary 12, 2024, 49 TexReg 658; amended to be effective December\r\n8, 2025, 50 TexReg 7918." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210414", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.78", "label": "Nonprofit Entity Temporary Events" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Nonprofit Entity Temporary Event Permit shall only be issued to a nonprofit entity as defined by Alcoholic Beverage Code §30.01.(b) An application for a Nonprofit Entity Temporary Event Permit shall be made on forms provided by the commission and shall be signed and sworn to by the applicant.(c) The requestor shall e-mail the completed Nonprofit Entity Temporary Event Permit application forms to the Events email address for the TABC Region in which the event will be held.(d) The applicant shall remit payment of fees at the time the application is filed. The fee for a Nonprofit Entity Temporary Event Permit is $50 per day.(e) In addition to the application forms, other documents related to the event that may be required include a letter from the property owner, sponsorship agreements, promoter agreements, concession agreements, management agreements, diagrams, site maps, local governmental authorization, and any other documents needed to determine qualification under the Alcoholic Beverage Code.(f) If the event is approved, the commission shall issue to the applicant a Nonprofit Entity Temporary Event Permit showing on its face the effective dates of the permit.(g) Permit holders may sell any alcoholic beverage authorized by law to be sold where the event is to be held.(h) Permit holders must purchase distilled spirits for Nonprofit Entity Temporary Events from a local distributor permit holder.(i) A nonprofit entity is not limited in the number of events it may hold under this section in a calendar year, except for certain events in dry areas as provided by Alcoholic Beverage Code §30.09.(j) Events in dry counties must comply with Alcoholic Beverage Code §30.09.(k) Auction-only Events.(1) Subsections (d) - (h) of this section do not apply to a Nonprofit Temporary Event at which alcoholic beverages are auctioned but not otherwise sold or served to a consumer.(2) Events under this subsection do not require prior approval and are not subject to late fees.(3) The holder of a Nonprofit Entity Temporary Event Permit may conduct an auction on the licensed premises of another only if:(A) all alcohol auctioned is stored separately from other alcohol stored, sold, or served by the permittee; and(B) all alcohol auctioned, whether sold or unsold, is removed from the licensed premises immediately following the event.", "sourceNote": "Source Note: The provisions of this §33.78 adopted to be effective September 1, 2021, 45 TexReg 8771; amended to be effective December 6, 2021, 46 TexReg 8242; amended to be effective October 17, 2022, 47 TexReg 6872." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202829", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.79", "label": "Serving Alcoholic Beverages at Fundraising Events" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207354&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207354", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to the use of alcoholic beverages at fundraising events held by or benefitting charitable, religious, political, and civic organizations.(b) An organization may provide free alcoholic beverages at an event under this section without first obtaining a temporary authorization only if the alcoholic beverages are offered free of charge upon the request of any non-intoxicated person at least 21 years of age, regardless of whether the person has paid a membership fee, entrance fee, door charge, meal charge, ticket price, or any other fee for the event. The organization shall not request donations or tips or otherwise receive money in exchange for alcoholic beverages served.(c) An organization providing free alcoholic beverages under subsection (b) of this section may:(1) serve donated alcoholic beverages;(2) receive donations in cash or of alcoholic beverage products;(3) enter into sponsorship or underwriting agreements with members of the alcoholic beverage industry, including agreements for advertising, signage, and product exclusivity; and(4) offer free alcoholic beverages to the general public outside of the event, but condition entry into the event on payment of a donation or fee.(d) An organization that obtains a temporary authorization for an event may sell alcoholic beverages at the event subject to the following conditions:(1) the organization must sell only alcoholic beverages purchased from a licensed distributor, wholesaler, winery, brewery, or brewpub, or a holder of a local distributor's permit;(2) the organization may not sell any donated alcoholic beverages; and(3) the organization may not accept a cash donation from a member of the alcoholic beverage industry that is conditioned upon a written or unwritten agreement between the organization and alcoholic beverage industry member with respect to how the organization will spend the cash donation, any benefit that the industry member will receive as a result of the cash donation, which products the organization will sell at the event, or sponsorship rights, including signage and advertising.(e) An organization selling alcoholic beverages pursuant to a temporary authorization obtained by the organization may accept cash donations from alcoholic beverage industry members and use the cash for any purpose, including purchasing alcoholic beverages for use at the event, subject to subsection (d)(3) of this section.(f) An organization may partner with an independent third-party retail permit holder to sell alcoholic beverages at an event under this section, subject to the following conditions:(1) the permit to sell alcoholic beverages at the event must be held by a retailer that is independent of the sponsors of the event;(2) the retail permit holder may not receive any direct benefit or service due to sponsorship by a wholesaler or manufacturer of alcoholic beverages;(3) the organization may not exchange gifts or donations for exclusive rights to sell a certain product or brand; and(4) the retail permit holder must retain the right to control the quantity and selection of brands of alcoholic beverages purchased or sold for the event and at the event.(g) An organization partnering with an independent third-party retail permit holder under subsection (f) of this section may:(1) receive cash or in-kind donations from manufacturers, wholesalers, and retailers; and(2) enter into an agreement with the retail permit holder whereby the retail permit holder donates a portion of the proceeds from the event to the organization; and(3) enter into sponsorship agreements with manufacturers, wholesalers, and retailers.(h) Signs or other advertising materials placed by members of the alcoholic beverage industry indicating their participation in, or sponsorship of an event under this section must comply with §45.1111 of this title, relating to Advertising Signs at Charitable or Civic Events.", "sourceNote": "Source Note: The provisions of this §33.79 adopted to be effective September 1, 2021, 45 TexReg 8771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207354&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207354", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.80", "label": "Temporary Events Authorized under a Mixed Beverage Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226960", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The holder of a mixed beverage permit may hold an event at a temporary location subject to all rules applicable to the mixed beverage permit.(b) An event under this section may be authorized by a File and Use Notification if it meets the requirements of 16 TAC §33.71(a) of this subchapter, or by a Temporary Event Approval.", "sourceNote": "Source Note: The provisions of this §33.80 adopted to be effective December 6, 2021, 46 TexReg 8242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226960", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "E", "label": "EVENTS AT A TEMPORARY LOCATION" }, "rule": { "number": "§33.81", "label": "Purchase of Alcoholic Beverages for a Temporary Event" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205971", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to holders of Mixed Beverage Permits when selling alcoholic beverages at an event authorized by a Temporary Event Approval or under a File and Use Notification.(b) Except as provided by subsection (c) of this section, a Mixed Beverage Permit holder purchasing alcoholic beverages for an event at a temporary location in a county other than the county in which the premises covered by its primary permit is located must:(1) purchase the alcoholic beverages from a seller authorized under this code to sell the alcoholic beverages to members of the retail tier in the county in which the permit holder sells the alcoholic beverages under this section, or in the nearest county as provided by Alcoholic Beverage Code §28.07(b); and(2) keep a record of the amount of alcoholic beverages purchased and sold under this section, by type, for no less than two years following the last day of the event.(c) If the temporary event is held in a county that includes more than one territory, as that term is defined by Alcoholic Beverage Code §102.71(5), a Mixed Beverage Permit holder must purchase malt beverages from the distributor holding the territorial agreement covering the temporary event location.(d) Except as restricted by subsection (e) and (f) for certain events, this section does not preclude a Mixed Beverage Permit holder from transporting alcoholic beverages in stock at its primary location to a temporary event.(e) Holders of Mixed Beverage Permits who sell distilled spirits, wine, and malt beverages at an event authorized by Alcoholic Beverage Code §28.20 in a county other than the county in which the premises covered by the permit is located must:(1) purchase all alcoholic beverages sold at the event from a distributor or wholesaler authorized to sell the beverages in the county in which the permit holder sells the alcoholic beverages under this subsection;(2) comply with subsections (b)(2) and (c) of this section; and(3) report to the commission, on forms provided by the commission, the amount of beverages purchased and sold at the event.(f) Notwithstanding the purchase requirement in Alcoholic Beverage Code §28.20(e), and in accordance with Alcoholic Beverage Code §28.07(b), if the county in which a racing facility under Alcoholic Beverage Code §28.20 is located does not have a local distributor, the mixed beverage permittee may purchase distilled spirits for the event in the nearest county that has a local distributor's permittee.", "sourceNote": "Source Note: The provisions of this §33.81 adopted to be\r\neffective April 17, 2023, 48 TexReg 1957; amended to be effective\r\nFebruary 12, 2024, 49 TexReg 658; amended to be effective December\r\n8, 2025, 50 TexReg 7918." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205971", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "F", "label": "LICENSE AND PERMIT ACTION" }, "rule": { "number": "§33.90", "label": "Renewal of Licenses and Permits after Expiration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201965", "queryAsDate": "03/11/2026" }, "ruleBody": "For a renewal application, failure to submit any requested information, corrections, forms, or fees within fourteen days of demand will constitute non-compliance with Alcoholic Beverage Code §6.04 and this rule, resulting in the expiration of the license or permit due to the insufficiency of the application.", "sourceNote": "Source Note: The provisions of this §33.90 adopted to be effective December 31, 2020, 45 TexReg 8770; amended to be effective September 1, 2021, 46 TexReg 5178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201965", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "F", "label": "LICENSE AND PERMIT ACTION" }, "rule": { "number": "§33.91", "label": "Administrative Inactivation, Reinstatement and Renewal of a License or Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201966", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Alcoholic Beverage Code §11.44 and §102.32(d-1) and clarifies procedures related to administrative inactivation involving either voluntary or involuntary suspensions.(b) Administrative inactivation refers to the placing of a license or permit in administrative suspense under this section and without a due process hearing. During administrative inactivation (whether voluntary or involuntary), the license or permit holder may not engage in any authorized activities allowed under that license or permit. The term of the license or permit will not be tolled during administrative inactivation but will expire on the date indicated on the face of the license or permit.(c) Unless otherwise disqualified or provided for by this section, the commission may, without a hearing, administratively inactivate and place in administrative suspense a license or permit upon receipt of an affidavit by the landlord, on a form prescribed by the executive director, that the premises has been abandoned by the licensee or permittee and that the licensee or permittee no longer has any interest in the premises.(d) The commission may without a hearing administratively inactivate and place in administrative suspense a license or permit if the commission receives a final, non-appealable court judgment of eviction concerning against a permitted or licensed premises that is subject to a pending or unexpired suspension order or for which a cancellation or suspension action has been initiated.(e) The commission may, without a hearing, administratively inactivate and place in administrative suspense a license or permit if the license or permit holder is delinquent in the payment of an account for liquor under Code §102.32 and either subsection (c) or (d) of this section applies. The Commission may not accept the voluntary cancellation or suspension of a license or permit or allow a license or permit to be renewed or transferred if the license or permit holder is delinquent in the payment of an account for liquor under §102.32 of the Texas Alcoholic Beverage Code.(f) The commission may, but is not required to, administratively inactivate and place in voluntary suspense a license or permit if no administrative action is pending against the license or permit and either:(1) the actual license or permit is submitted by the license or permit holder; or(2) a sworn statement is submitted by the license or permit holder stating that the actual license or permit is unavailable for surrender and why.(g) If a license or permit has been placed in voluntary administrative inactivation and the license or permit has not expired then the license or permit may be reinstated to active status, but only if the same requirements and qualifications as an applicant for an original license or permit are met. If a license or permit is reinstated under this subsection, the license or permit fee for the remainder of the license or permit term during which it was placed in administrative inactive status is not required.(h) A license or permit may be renewed while on administrative inactivation only if, prior to the expiration date of the license or permit, a completed renewal with required supporting documents and all necessary state fees and surcharges is filed in accordance with all applicable sections of the code and rules. Otherwise the license or permit will expire at the end of its existing term.(i) The effective date of the administrative inactivation of a license or permit or its voluntary cancellation will be the date the statement or other document required by this section is received in the licensing division or any other date mutually agreed to by the parties.", "sourceNote": "Source Note: The provisions of this §33.91 adopted to be effective December 31, 2020, 45 TexReg 8770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201966", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "F", "label": "LICENSE AND PERMIT ACTION" }, "rule": { "number": "§33.92", "label": "Notification of Expired or Suspended Licenses and Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224675", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule refers to §§11.091(b) and 61.031(b) of the Alcoholic Beverage Code.(b) Notification to wholesalers of expired or suspended licenses or permits shall be by electronic publication of such information on the commission's Internet web page.(c) For purposes of the above referenced sections, an expired license or permit shall be one which has ceased to be active because of the operation of time and for which no timely and sufficient application for renewal has been filed with the commission.(d) For purposes of the above referenced sections, a suspended license or permit shall be one that has ceased to be active by operation of the procedures described in §33.91 of this title (relating to Administrative Inactivation, Reinstatement and Renewal of a License or Permit).", "sourceNote": "Source Note: The provisions of this §33.92 adopted to be effective December 31, 2020, 45 TexReg 8770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224675", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "F", "label": "LICENSE AND PERMIT ACTION" }, "rule": { "number": "§33.93", "label": "Notification Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who holds a license, permit or certificate issued by the Alcoholic Beverage Commission shall maintain a current mailing address, telephone number and email address on file with the division that has issued the license, permit or certificate.(b) A person who holds a license, permit, or certificate issued by the Alcoholic Beverage Commission shall file a notice of change of mailing address with the Commission within seven (7) business days of the change.(c) A notice sent to a person by the Alcoholic Beverage Commission shall be sent by first class mail to the last known mailing address of a person that is on file with the commission.(1) A person notified by mail under this subsection is presumed notified on the third day after the date on which the notice is mailed.(2) This subsection does not apply to a notice required by Government Code §2001.054.", "sourceNote": "Source Note: The provisions of this §33.93 adopted\r\nto be effective December 31, 2020, 45 TexReg 8770; amended to be effective\r\nApril 14, 2025, 50 TexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "F", "label": "LICENSE AND PERMIT ACTION" }, "rule": { "number": "§33.94", "label": "Reporting Permit or License Changes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224676", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All changes subject to this section must be reported in the manner prescribed by the commission.(b) Nothing in this section limits the commission's authority to request information from a license or permit holder at any time to determine if a change required to be reported has occurred.(c) The license or permit holder must report to the commission the following changes within 30 days following the date the change occurred:(1) the addition or removal of a person whose name was included on the original application or whose name would be required if a new application for an original license or permit was being submitted;(2) a change to a person's criminal history that affects their qualifications to hold a license or permit;(3) a change of the owner of the premises, a sublessor, a management company, or a concession company, or to the terms of any agreements with any such persons; or(4) a change of organization as that term is defined in Business Organizations Code §1.002(62), other than a change of business entity described in Alcoholic Beverage Code §§11.12 or 61.14.(d) The license or permit holder must report the following changes from the information provided in the application for an original license or permit or the most recent reported change to the commission prior to the date the change will occur:(1) a change in corporate control pursuant to Alcoholic Beverage Code §28.04; or(2) a change of tradename.(e) The license or permit holder must report a change of business entity described in Alcoholic Beverage Code §§11.12 or 61.14 no less than ten days before the date the change will occur.(f) This section does not apply to:(1) a change of mailing address or other contact information, which are subject to the requirements of §33.93 of this title (relating to Notification Requirements); or(2) a change in the licensed or permitted location pursuant to Alcoholic Beverage Code §§ 11.08 or 61.09, which is subject to the requirements of §33.3 of this title (relating to Process to Apply for License or Permit).", "sourceNote": "Source Note: The provisions of this §33.94 adopted to be effective December 31, 2020, 45 TexReg 8770; amended to be effective October 17, 2022, 47 TexReg 6873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224676", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "G", "label": "EMERGENCY ORDERS" }, "rule": { "number": "§33.100", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202082", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this subchapter is to implement the commission's authority under Texas Alcoholic Beverage Code Section 11.614 to issue an emergency order temporarily suspending a permit or license without a hearing.(b) The commission, executive director, or executive director's designee may issue an emergency order suspending the permit or license of a business without a hearing if the commission, executive director, or executive director's designee determines that the continued operation of the business constitutes a continuing threat to the public welfare.", "sourceNote": "Source Note: The provisions of this §33.100 adopted to be\r\neffective December 9, 2020, 45 TexReg 8772; amended to be effective\r\nApril 14, 2025, 50 TexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202082", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "G", "label": "EMERGENCY ORDERS" }, "rule": { "number": "§33.102", "label": "Term of Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The term of an emergency order issued under this subchapter shall not exceed 90 days.(b) The term of an emergency order is not tolled and the order suspending the permit or license remains in effect during any contested case proceeding against the permit or license holder.", "sourceNote": "Source Note: The provisions of this §33.102 adopted to be effective December 9, 2020, 45 TexReg 8772." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224677", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "G", "label": "EMERGENCY ORDERS" }, "rule": { "number": "§33.103", "label": "Notice and Opportunity for Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224678", "queryAsDate": "03/11/2026" }, "ruleBody": "If an emergency order is issued without a hearing, the executive director or his designee shall set the time and place for a hearing to affirm, modify, or set aside the emergency order. The hearing shall be conducted by the State Office of Administrative Hearings and the decision rendered by the Administrative Law Judge is final.", "sourceNote": "Source Note: The provisions of this §33.103 adopted to be\r\neffective December 9, 2020, 45 TexReg 8772; amended to be effective\r\nApril 14, 2025, 50 TexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224678", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "33", "label": "LICENSING" }, "subchapter": { "number": "G", "label": "EMERGENCY ORDERS" }, "rule": { "number": "§33.104", "label": "Contents of Emergency Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209131", "queryAsDate": "03/11/2026" }, "ruleBody": "An emergency order issued under this subchapter shall contain at least the following:(1) the name and address of the license or permit holder and information sufficient to identify the premises affected by the order;(2) a brief statement of fact supporting the issuance of the order; (3) a determination that the continued operation of a permitted or licensed business would constitute a continuing threat to the public welfare; and(4) a statement of the term of the suspension, including the date on which it begins and ends.", "sourceNote": "Source Note: The provisions of this §33.104 adopted\r\nto be effective December 9, 2020, 45 TexReg 8772; amended to be effective\r\nApril 14, 2025, 50 TexReg 2378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209131", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "34", "label": "SCHEDULE OF SANCTIONS AND PENALTIES" }, "rule": { "number": "§34.1", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209132", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to §§11.61, 11.64, 11.641, 104.01, and 106.13 of the Alcoholic Beverage Code.(b) Definitions. When used in this chapter, the following words and have the following meanings unless the context clearly indicates otherwise:(1) Assist--as used in Alcoholic Beverage Code §§61.71(a)(11) and 106.09(a), the word \"assist\" shall not be construed to mean that a person under 18 years of age assists in selling, serving, preparing, handling, or dispensing alcoholic beverages merely by being employed to work on or about a premises where alcoholic beverages are sold or served, as long as the person under 18 years of age does not have a direct and immediate connection with any particular sale or service of such beverages.(2) The Code--the Texas Alcoholic Beverage Code.(3) Lewd and vulgar entertainment or acts--Any sexual offenses contained in the Texas Penal Code, Chapter 21, or any public indecency offenses contained in the Texas Penal Code, Chapter 43.(4) Narcotic--Any substance defined in the Texas Controlled Substances Act, §481.002(5), (6), (7), or (26).(5) Written--any method of writing by any method of transmission, including hand-written or typed and transmitted by hand delivery, mail, e-mail, fax, or through an internet-based management system directly accessible by the recipient.(c) Authorized commission personnel may settle an administrative action initiated by the commission.(d) Written warnings. A written warning is an administrative notice issued by a representative of the commission to the license or permit holder documenting a violation of the Code or commission rules and:(1) may be issued by authorized commission personnel for any violation if the person issuing the written warning determines it to be an effective deterrent from further violations of the Code or commission rules;(2) may be used as an aggravating circumstance for purposes of determining the appropriate sanction under §34.2 or §34.10; of this title and(3) is subject to the rights and procedures of a contested case under the Administrative Procedure Act.(e) Any case alleging a sale to a minor or intoxicated person in violation of Code §§11.61(b)(14), 61.71(a)(6) or 101.63 in which the unlawful sale or service directly or indirectly caused death or serious bodily injury shall be referred directly to the commission's legal services division by authorized commission personnel without an offer of settlement or compromise provided to the licensee/permittee. For purposes of this section, \"serious bodily injury\" has the meaning assigned by Tex. Penal Code §1.07(a)(46).(f) Each suspension of a license or permit shall run for consecutive days. A person assessed a suspension by the commission may be provided with an opportunity to pay a civil penalty in lieu of a suspension as provided by §11.64 of the Code. The commission may, in its discretion, agree to divide an imposed sanction between civil penalties and suspension.(g) A subsequent violation of the same Code provision or rule will result in a higher sanction if:(1) the person has been given written notice of the prior violation and the subsequent violation is:(A) a health, safety, and welfare violation and occurs within 36 months of the prior violation; or(B) a regulatory violation with a base penalty of $1,000 and occurs within 24 months of the prior violation; or(2) the subsequent violation involves covert investigative activities.(h) For a violation of the Code or rules that is not listed in §34.2, of this title, the penalty or sanction must be approved by a division director prior to entering into a settlement.(i) A person authorized to enter into a settlement under this section may make a written recommendation to the executive director or the executive director's designee for a deviation from sanctions in §34.2 of this title to account for aggravating or mitigating circumstances. The executive director or the executive director's designee must approve a recommendation to deviate from §34.2 of this title before a settlement reflecting the deviation is offered to the licensee/permittee.", "sourceNote": "Source Note: The provisions of this §34.1 adopted to be effective August 21, 2008, 33 TexReg 6583; amended to be effective May 25, 2009, 34 TexReg 3262; amended to be effective June 6, 2022, 47 TexReg 3242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209132", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "34", "label": "SCHEDULE OF SANCTIONS AND PENALTIES" }, "rule": { "number": "§34.2", "label": "Schedule of Sanctions and Penalties for Health, Safety and Welfare Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209133", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An act or failure to act that results in a violation of the Code or rules that represents a threat to the public health, safety, or welfare will be assessed sanctions and penalties according to Figure 16 TAC §34.2(e) and/or a license or permit suspension or cancellation. Each sanction in Figure 16 TAC §34.2(e) other than cancellation includes an optional monetary penalty of $300 per day of suspension.(b) The list of violations in Figure 16 TAC §34.2(e) is nonexclusive; the absence of a statute or rule from the chart does not limit the commission's statutory authority to enforce compliance with the Code and its rules by assessing penalties.(c) Violations of Code §§11.61(b)(7), 32.17(a)(8), and 61.71(a)(16), and §34.3 of this title, which are not listed in Figure §34.2(e), will be assessed sanctions based upon all relevant facts and circumstances.(d) For a contested case brought under subchapters C and D of the Administrative Procedure Act or an investigation or violation referred to the legal services division of the commission for resolution, the sanctions and penalties in Figure §34.2 may be used as a guideline but adherence is not required.(e) Nothing in this rule shall be construed to limit the commission's authority to suspend or cancel a license or permit under §§11.38, 11.61, 32.17, 61.71, 201.075, or any other provision of the Code authorizing suspension or cancellation of a license or permit.Attached Graphic", "sourceNote": "Source Note: The provisions of this §34.2 adopted to be effective August 21, 2008, 33 TexReg 6583; amended to be effective October 17, 2019, 44 TexReg 5899; amended to be effective June 6, 2022, 47 TexReg 3242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209133", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "34", "label": "SCHEDULE OF SANCTIONS AND PENALTIES" }, "rule": { "number": "§34.3", "label": "Offenses Against the General Welfare; Place or Manner Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209134", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to §§11.46(a)(8), 11.61(b)(7), 61.42(a)(3) and 61.71(a)(16) of the Alcoholic Beverage Code.(b) A licensee or permittee violates the provisions of the Code cited in subsection (a) of this section if any of the offenses listed in subsection (c) of this section are committed:(1) by the licensee or permittee in the course of conducting its alcoholic beverage business; or(2) by any person on the licensee or permittee's licensed premises; and(3) the licensee or permittee knew or, in the exercise of reasonable care, should have known of the offense or the likelihood of its occurrence and failed to take reasonable steps to prevent the offense.(c) The offenses that are the subject of this rule include:(1) any preparatory offense described in Chapter 15 of the Texas Penal Code;(2) any homicide offense described in Chapter 19 of the Texas Penal Code;(3) any trafficking or smuggling of a person or receipt of benefit from participating in a human trafficking offense described in Chapter 20A of the Texas Penal Code or 18 U.S.C. §§1581-1592;(4) any sexual offense described in Chapter 21 of the Texas Penal Code;(5) any assaultive offense described in Chapter 22 of the Texas Penal Code;(6) any arson, criminal mischief or property damage or destruction offense described in Chapter 28 of the Texas Penal Code;(7) any theft offense described in Chapter 31 of the Texas Penal Code;(8) any fraud offense described in Chapter 32 of the Texas Penal Code;(9) any money laundering offense described in Chapter 34 of the Texas Penal Code;(10) any bribery offense described in Chapter 36 of the Texas Penal Code;(11) any obstruction offense described in Chapter 38 of the Texas Penal Code;(12) any disorderly conduct or related offenses described in Chapter 42 of the Texas Penal Code;(13) any public indecency offense described in Chapter 43 of the Texas Penal Code;(14) any weapons offense described in Chapter 46 of the Texas Penal Code;(15) any gambling offense described in Chapter 47 of the Texas Penal Code;(16) any narcotics related offense described in Chapters 481 and 483 of the Texas Health and Safety Code;(17) any law, regulation or ordinance of the state or federal government or of the county or municipality in which the licensed premises is located, violation of which is detrimental to the general welfare, health, peace and safety of the people; and(18) any solicitation of any person to buy drinks for consumption by the retailer or any of the retailer's employees in violation of §104.01 of the Alcoholic Beverage Code.(d) This rule does not constitute the exclusive means by which §§11.46(a)(8), 11.61(b)(7), 61.42(a)(3) and 61.71(a)(16) may be violated.", "sourceNote": "Source Note: The provisions of this §34.3 adopted to be effective June 6, 2022, 47 TexReg 3242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209134", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "34", "label": "SCHEDULE OF SANCTIONS AND PENALTIES" }, "rule": { "number": "§34.4", "label": "Suspensions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Alcoholic Beverage Code (Code) §11.64(a), which requires the commission to adopt rules addressing when a suspension may be imposed without the opportunity to pay a civil penalty.(b) The executive director or the executive director's designee may deny a licensee or permittee the option of paying a civil fine in lieu of a suspension of the license or permit if the licensee or permittee has violated one or more of the following provisions of the Code:(1) Section 11.61(b)(14): sale to an intoxicated person by a permittee;(2) Section 22.12: breach of the peace on the premises of a package store;(3) Section 28.11: breach of the peace on the premises of a mixed beverage permittee;(4) (4) Section 32.17(a)(2): refuse to allow an authorized agent or representative to come onto the premises;(5) Section 32.17(a)(3): refuse to furnish requested information to the commission or its agents or representatives;(6) Section 32.17(a)(7): consumption or service of alcohol on the premises during prohibited hours;(7) Section 61.71(a)(5): sale to a minor by a licensee;(8) Section 61.71(a)(6): sale to an intoxicated person by a licensee;(9) Section 61.74(a)(14): sale to a minor by a licensee;(10) Section 69.13: breach of the peace on the premises of an on-premise retail malt beverage dealer;(11) Section 71.09: breach of the peace on the premises of an off-premise retail malt beverage dealer;(12) Section 101.04: refuse to allow inspection;(13) Section 104.01(a)(4): solicitation of drinks;(14) Section 101.63: sale to an intoxicated person;(15) Section 106.03: sale to a minor;(16) Section 106.06: purchase of alcohol for a minor;(17) Section 106.15: engage in prohibited activity related to dancing by a person under 18;(18) Chapter 105: sale or offer of sale of an alcoholic beverage during prohibited hours, or consumption or permitting consumption of an alcoholic beverage during prohibited hours;(19) any offense relating to gambling, prostitution or trafficking of persons; or(20) any offense relating to controlled substances or drugs.(c) For the violations referenced in subsection (b) of this section, and after considering the circumstances required or allowed to be considered in this section, the executive director or the executive director's designee has discretion to determine whether to allow a licensee or permittee the option to pay a civil penalty in lieu of a suspension but is not required to allow such payment in lieu of suspension.(d) In determining whether to deny a licensee or permittee the option to pay a civil penalty in lieu of a suspension, the executive director or the executive director's designee shall consider any aggravating or mitigating factual circumstances related to the violation, including but not limited to:(1) the type of license or permit held by the violating licensee or permittee;(2) the type of violation or violations charged;(3) the licensee's or permittee's record of past violations, including the number, type and frequency of violations of the Code and of the rules of the commission; and(4) the date the license or permit was issued.(e) In addition to the circumstances listed in subsection (d) of this section that must be considered in determining whether to allow a licensee or permittee the option to pay a civil penalty in lieu of a suspension, the executive director or the executive director's designee may also consider other circumstances, including but not limited to:(1) whether the sale of alcoholic beverages constitutes the primary or partial source of the licensee or permittee's business;(2) whether the violation was caused by intentional or reckless conduct by the licensee or permittee;(3) whether the violation caused the serious bodily injury or death of another;(4) whether the character and nature of the licensee's or permittee's operation were reasonably calculated to avoid violations of the Code and rules of the commission at the time of violation; and/or(5) whether the licensee or permittee has taken action to remediate the violation and to prevent future violations.", "sourceNote": "Source Note: The provisions of this §34.4 adopted to be effective June 6, 2022, 47 TexReg 3242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226961", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "34", "label": "SCHEDULE OF SANCTIONS AND PENALTIES" }, "rule": { "number": "§34.10", "label": "Sanctions for Regulatory Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209136", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Regulatory violations of listed statutory and rule provisions will be assessed a base penalty of $250, $500, or $1,000 as shown in Figure §34.10(g). Base penalties may be augmented or discounted based upon the number of violations and other circumstances surrounding the violation, according to the commission Penalty Policy in effect on the date the violation occurred or on the first date the violation occurred, if it is a violation that is ongoing in nature.(b) The penalty chart in Figure §34.10 is non-exclusive; the absence of a statute or rule from the chart does not limit the commission's statutory authority to enforce compliance with the Code and its rules by assessing administrative penalties.(c) For a contested case brought under subchapters C and D of the Administrative Procedure Act or an investigation or violation referred to the legal services division of the commission for resolution, the sanctions and penalties in Figure §34.10 may be used as a guideline but adherence is not required.(d) Nothing in this rule shall be construed to limit the commission's authority to suspend or cancel a license or permit under §§11.38, 11.61, 32.17, 61.71, 201.075, or any other provision of the Code authorizing suspension or cancellation of a license or permit.(e) The number of days of license or permit suspension offered to the respondent in lieu of the penalty shall be commensurate with the penalty assessed under this section and calculated according to the commission Penalty Policy in effect on the date the violation occurred or on the first date the violation occurred, if it is a violation that is ongoing in nature.(f) The Penalty Policy shall be publicly available and published on the commission's web site.(g) The commission shall review the Penalty Policy and update or revise it as necessary at least once every seven (7) years.Attached Graphic(h) Wholesalers who violate Alcoholic Beverage Code §102.33 will be assessed a base penalty of $250 as shown in Figure §34.10(g), but this sanction may be augmented or discounted based upon all relevant facts and circumstances, including the factors listed in Alcoholic Beverage Code §102.33(d).", "sourceNote": "Source Note: The provisions of this §34.10 adopted to be\r\neffective June 6, 2022, 47 TexReg 3242; amended to be effective December\r\n8, 2025, 50 TexReg 7919." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209136", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "34", "label": "SCHEDULE OF SANCTIONS AND PENALTIES" }, "rule": { "number": "§34.20", "label": "Attribution of Actions of Employee to License or Permit Holder" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209137", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license or permit holder who claims that the actions of an employee are not attributable to the license or permit holder under Code §106.14(a) must provide to the commission, not later than 10 days after receipt of an administrative notice of violation, an affidavit indicating that the license or permit holder was in compliance with the requirements of Code §106.14(a) at the time of the violation for which the administrative notice was issued. At a hearing in which the license or permit holder claims the benefits of Code §106.14(a), the license or permit holder may be required to present additional evidence to support such claim.(b) If an employee performs an action described in paragraphs (1) or (2) of this subsection at a time when the employee does not possess a currently valid seller server certificate, then the action of the employee does not meet the requirements of Code §106.14(a)(2) and therefore shall be attributable to the license or permit holder.(1) The employee sells, serves, dispenses or delivers an alcoholic beverage to:(A) a person who is not a member of a private club on the club premises;(B) a minor; or(C) an intoxicated person.(2) The employee allows consumption of an alcoholic beverage by:(A) a person who is not a member of a private club on the club premises;(B) a minor; or(C) an intoxicated person.(c) Proof by the commission that an employee performed an action described in paragraph (1) or (2) of this subsection on three or more occasions within a 12-month period shall create a rebuttable presumption that the license or permit holder has indirectly encouraged a violation of the law within the meaning of Code §106.14(a)(3). The rebuttable presumption is created regardless of whether the employee performing the action described in paragraph (1) or (2) of this subsection on a second or subsequent occasion is the same person.(1) An employee sold, served, dispensed or delivered an alcoholic beverage to:(A) a person who is not a member of a private club on the club premises;(B) a minor; or(C) an intoxicated person.(2) An employee allowed consumption of an alcoholic beverage by:(A) a person who is not a member of a private club on the club premises;(B) a minor; or(C) an intoxicated person.(d) For purposes of satisfying the condition precedent set forth in subsection (c) of this section, proof shall be demonstrated by:(1) producing final orders issued by the commission or a court of competent jurisdiction finding that the license or permit holder violated Code §§2.02, 11.61(b)(14), 32.17(a)(1), 61.71(a)(6) or 106.13(a) on two past occasions; and(2) establishing a prima facie case that an employee of the license or permit holder violated Code §§2.02, 11.61(b)(14), 32.17(a)(1), 61.71(a)(6) or 106.13(a) on a third or subsequent occasion.(e) For purposes of subsection (d) of this section, all incidents offered to satisfy the condition precedent set forth in subsection (c) of this section shall be for the same type of offense and shall have occurred within a 12-month period as calculated from the dates the incidents occurred.(f) There is a rebuttable presumption that a license or permit holder has indirectly encouraged a violation of the law within the meaning of Code §106.14(a)(3) if the commission presents sufficient proof that a license or permit holder fails to meet any of the standards set forth in paragraphs (1) - (5) of this subsection.(1) The license or permit holder requires each employee to present a seller server certificate within 30 days of his initial employment date.(2) The license or permit holder requires each employee to maintain a currently valid seller server certificate.(3) The license or permit holder adopts written policies and procedures that are designed to prevent, and that affirm a strong commitment by the license or permit holder to prohibit:(A) the sale, service, dispensation or delivery of an alcoholic beverage to:(i) a person who is not a member of a private club on the club premises;(ii) a minor; or(iii) an intoxicated person; and(B) the consumption of an alcoholic beverage by:(i) a person who is not a member of a private club on the club premises;(ii) a minor; or(iii) an intoxicated person.(4) The license or permit holder ensures that all employees have read and understood the license or permit holder's policies and procedures described in paragraph (3) of this subsection.(5) The license or permit holder maintains records for at least one year after the date employment was terminated that show that each employee read and understood the license or permit holder's current policies and procedures described in paragraph (3) of this subsection.(g) For purposes of this section, \"employee\" includes all persons paid by a license or permit holder to sell, serve, dispense, or deliver alcoholic beverages or to immediately manage, direct, supervise or control the sale or service of alcoholic beverages.(h) At a hearing in which the license or permit holder asserts the affirmative defense established in Code §106.14(a), the commission may present evidence to establish a rebuttable presumption under this section. If the evidence is sufficient to establish a prima facie case, the burden of persuasion in the proceeding shifts to the license or permit holder to show that it has not indirectly encouraged a violation of the law within the meaning of Code §106.14(a)(3).(i) The rebuttable presumptions authorized in this section are not the exclusive means by which the commission may establish that a license or permit holder has indirectly encouraged a violation of the law within the meaning of Code §106.14(a)(3).(j) This section applies to contested cases under the Administrative Procedure Act and to complaints or violations referred to the legal division of the commission for resolution.", "sourceNote": "Source Note: The provisions of this §34.20 adopted to be effective June 6, 2022, 47 TexReg 3242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209137", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "34", "label": "SCHEDULE OF SANCTIONS AND PENALTIES" }, "rule": { "number": "§34.21", "label": "Mandatory Participation in Seller Server Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209138", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After notice and an opportunity for hearing, the commission may require by written order that a licensee or permittee require all of its employees to acquire and maintain seller server certification under Chapter 50 of this title, pursuant to Code §106.14. Such requirement may be imposed on a licensee or permittee that has:(1) violated a provision of the code or rules relating to the sale, service, dispensation or delivery of alcoholic beverages to a minor or intoxicated person more than once in a twelve month period; or(2) been found, by administrative order or court of competent jurisdiction, to have engaged in conduct directly or indirectly encouraging violations of law within the meaning of Code §106.14(a)(3).(b) An order issued under this section shall remain in effect until such time as the licensee or permittee has established 24 continuous months of operation from the date of the last violation without violation of a provision of the code or rules relating to the sale, service, dispensation or delivery of alcoholic beverages to a minor or intoxicated person.(c) A licensee or permittee who wants a hearing prior to the issuance of an order authorized by this section must request the hearing within 10 days of receipt of notice from the commission.(d) This section applies to contested cases under the Administrative Procedure Act and to complaints or violations referred to the legal division of the commission for resolution.", "sourceNote": "Source Note: The provisions of this §34.21 adopted to be effective June 6, 2022, 47 TexReg 3242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209138", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "34", "label": "SCHEDULE OF SANCTIONS AND PENALTIES" }, "rule": { "number": "§34.22", "label": "Liability for Actions of Alcohol Delivery Drivers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212366", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) These terms, when used in this rule, have the following meanings:(1) Delivery driver--any person engaged by a consumer delivery permit holder as an alcohol delivery driver including, but not limited to those hired directly, hired indirectly, paid, unpaid, or contracted, whether or not in a supervisory role.(2) Delivery driver training program--a commission-approved alcohol delivery driver certification program under chapter 50 of this title, established pursuant to Code §57.09.(b) A delivery driver shall not deliver an alcoholic beverage in violation of Chapter 57 of the Code.(c) The actions of a delivery driver acting on behalf of a holder of a consumer delivery permit are not attributable to the holder of a consumer delivery permit if the permit holder has not directly or indirectly encouraged the delivery driver to violate the law and the delivery driver:(1) at the time the delivery occurred, held a valid certification from a delivery driver training program; or(2) completed the delivery using an alcohol delivery compliance software application that meets the requirements established under Code §57.09.(d) The holder of a consumer delivery permit may establish a rebuttable presumption that it has not directly or indirectly encouraged the delivery driver to violate Chapter 57 of the Code by providing proof that:(1) each of the permit holder's delivery drivers engaged by the permit holder during the twenty-four months prior to the violation have actually attended a delivery driver training program and maintained alcohol delivery driver training certification for the entire duration of their engagement by the permit holder as a delivery driver;(2) prior to the violation, the permit holder adopted written policies and procedures designed to prevent, and that affirm a strong commitment by the permit holder to prohibit violations of Chapter 57 of the Alcoholic Beverage Code; and(3) all delivery drivers have read and understood such policies and procedures.(e) The consumer delivery permit holder is not entitled to the rebuttable presumption in subsection (d) of this section if the commission provides proof of violations of Chapter 57 of the Code on two or more prior occasions by any delivery driver making a delivery of alcohol on the permit holder's behalf in the twelve months preceding the current violation, or on three or more prior occasions by any delivery driver making a delivery of alcohol on the permit holder's behalf in the twenty-four months preceding the current violation.(f) Criminal Negligence.(1) Regardless of whether the permit holder has directly or indirectly encouraged the delivery driver to violate Code Chapter 57, the commission or executive director may suspend a consumer delivery permit as prescribed by Code §57.08 if, after notice and hearing, a court or administrative hearing officer finds that a delivery driver made a delivery on the permit holder's behalf with criminal negligence.(2) It is a rebuttable presumption that delivery of an alcoholic beverage to a minor or an intoxicated person was not made with criminal negligence if the delivery driver:(A) at the time of the delivery held a valid certification from a delivery driver training program; and(B) completed the delivery as a result of a technical malfunction of an alcohol delivery compliance software application that otherwise meets the requirements of §50.33 of this title (relating to Alcohol Delivery Compliance Software Applications).", "sourceNote": "Source Note: The provisions of this §34.22 adopted to be effective June 6, 2022, 47 TexReg 3242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212366", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "35", "label": "ENFORCEMENT" }, "rule": { "number": "§35.1", "label": "Reporting a Breach of the Peace" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209139", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section relates to Alcoholic Beverage Code §§11.61(b)(21), 22.12, 24.11, 25.04(b), 26.03(b), 28.11, 32.24, 61.71(a)(30), 69.13, and 71.09.(b) Except as provided in this subsection, a licensee or permittee shall report to the commission a breach of the peace on a licensed premises as defined by §11.49 of the Code. The licensee or permittee shall make the report as soon as possible, but not later than five calendar days after the incident. If the incident is a shooting, stabbing or murder, or an incident involving serious bodily injury, the licensee or permittee shall report the breach of the peace not later than 24 hours from the time of the incident.(c) Unless the report is required to be made in a specific manner pursuant to subsection (d) of this section, the report required by this section shall be made:(1) in person at any commission office;(2) through the commission's website;(3) by e-mail to breachofpeace@tabc.texas.gov; or(4) through the commission's internet-based reporting system.(d) The executive director or the executive director's designee may require, in writing, that a licensee or permittee make any reports required by this section in a specific manner as instructed, if the licensee or permittee has previously violated Alcoholic Beverage Code §11.61(b)(21) or §61.71(a)(30).(e) At a minimum, the report required by this section shall include the information required in paragraphs (1) - (9) of this subsection, but may include other information the person making the report wishes to include:(1) the date and time of the report;(2) the date and time of the incident being reported;(3) the trade name of the licensed premises where the incident occurred;(4) the name and physical location of the licensed premises where the incident occurred, including the city (if applicable) and county;(5) the name of the person filing the report, that person's relationship to the holder of the license or permit, and contact information for that person;(6) if different from the information given in response to paragraph (5) of this subsection, the name of the person designated by the holder of the license or permit to answer questions from the commission about the incident, that person's relationship to the license or permit holder, and contact information for that person;(7) a brief description of the incident;(8) the name of all law enforcement agencies who were called or otherwise appeared in connection with the incident, and the names of the officers involved (if known); and(9) the names and contact information of any witnesses to the incident (if known).(f) For purposes of subsection (b) of this section and subject to the provisions of subsection (g) of this section, a reportable \"breach of the peace\" occurs when law enforcement or emergency medical services personnel respond to the licensed premises or premises under the control of a license or permit holder, or when a disturbance is created by a person on the licensed premises or on premises under the control of a license or permit holder and the incident involves:(1) shooting, stabbing or murdering a person;(2) causing bodily injury to another person;(3) threatening another person with a weapon;(4) discharging a firearm on the licensed premises; or(5) destroying the licensee's or permittee's property, if the incident is reported by the licensee or permittee to a law enforcement agency.(g) For purposes of this section:(1) conduct identified in subsection (f) of this section (other than a shooting, stabbing or murder, or an incident involving serious bodily injury) creates a \"disturbance,\" and therefore is a reportable breach of the peace, when it:(A) occurs at a time when the licensee or permittee, or any person allowed by the licensee or permittee, is on the licensed premises; and(B) interferes with, interrupts, or intrudes upon the operation or management of the licensed premises;(2) a shooting, stabbing or murder, or an incident involving serious bodily injury, on the licensed premises is always a \"disturbance,\" and therefore is always a reportable breach of the peace;(3) a \"licensed premises\" is as defined in Alcoholic Beverage Code §11.49;(4) a \"permittee\" is as defined in Alcoholic Beverage Code §1.04(11); and(5) a \"licensee\" is as defined in Alcoholic Beverage Code §1.04(16).(h) A license or permit holder may not be held administratively liable for failing to file a report or failing to file a timely report under this section if it can demonstrate that it had no knowledge, nor in the exercise of reasonable care should have had knowledge, of the alleged breach of peace on the licensed premises.(i) A license or permit holder may not be held administratively liable for failing to file a report or failing to file a timely report under this section if the alleged breach of the peace:(1) did not occur on the license or permit holder's licensed premises; and(2) occurred at a time that the license or permit holder's licensed premises was closed to the public.", "sourceNote": "Source Note: The provisions of this §35.1 adopted to be effective February 13, 2023, 48 TexReg 660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "35", "label": "ENFORCEMENT" }, "rule": { "number": "§35.2", "label": "Physical Inspection of Licensed and Permitted Premises" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209140", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Alcoholic Beverage Code §5.361(a-2)(2).(b) Notwithstanding §35.3(d) of this title, the commission will physically inspect each in-state licensed or permitted premises at least once every eight (8) years.", "sourceNote": "Source Note: The provisions of this §35.2 adopted to be effective June 6, 2022, 47 TexReg 3244." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209140", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "35", "label": "ENFORCEMENT" }, "rule": { "number": "§35.3", "label": "Risk-Based Inspection of Licensed and Permitted Premises" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209141", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule implements Alcoholic Beverage Code §5.361(a-1) and (a-2)(1), which require the commission to develop by rule a plan for inspecting permittees and licensees using a risk-based approach that prioritizes public safety.(b) The commission will classify each licensed or permitted premises as priority or non-priority, for inspection purposes. In classifying a premises, the commission may consider factors including, but not limited to:(1) the type of license or permit held;(2) the location of the licensee's or permittee's premises;(3) previous public safety violations committed by the premises;(4) any breaches of the peace occurring at the licensee's or permittee's premises;(5) the licensee's or permittee's record of compliance with the Alcoholic Beverage Code and these rules;(6) any public safety-related complaints received by the commission against the premises;(7) whether the premises has regularly completed and submitted the report required by §41.12 of this title, concerning Compliance Reporting by License and Permit Holders; and(8) whether the premises is a \"priority location\" for enforcement purposes under subsection (c) of this section.(c) For purposes of this section, a premises is a \"priority location\" if:(1) any public safety-related violations have occurred on the premises during the past six months;(2) the commission is currently investigating any allegations of public safety violations at the premises;(3) the premises has been licensed for less than two years for off-premises consumption, and has not been the target of any underage compliance operation or other public safety operation; or(4) the premises has been licensed for less than two years for on-premises consumption, holds a late hours certificate, and has not been the target of an underage compliance operation or other public safety operation.(d) It is the commission's goal to inspect a licensed or permitted premises classified as:(1) priority not less than once every six months; or(2) non-priority on an as-needed basis, but not less than required by §35.2 of this title.(e) Inspections under this section may be virtual, physical, or a combination of both.", "sourceNote": "Source Note: The provisions of this §35.3 adopted to be effective June 6, 2022, 47 TexReg 3244." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209141", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "35", "label": "ENFORCEMENT" }, "rule": { "number": "§35.4", "label": "Possession and Sale of Firearms on Licensed Premises" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Gun Shows. A license or permit holder may use or allow a portion of the grounds, buildings, vehicles, and appurtenances of the licensed or permitted premises for the use of gun shows if the license or permit holder:(1) suspends all sales, complimentary offers, and consumption of all alcoholic beverages during the gun show including time required for preparation or set-up and dismantling of the gun show; and(2) operates its licensed or permitted premises at a facility regularly used for special functions, directly or indirectly, under a lease, concession, or similar agreement from a governmental entity or legally formed and duly recognized civic, religious, charitable, fraternal, or veterans' organization.(b) Off-Premises Retailers. The holder of a retail dealer's off-premises license, a wine and malt beverage retailer's off-premises permit, a wine only package store permit, or package store permit may allow the sale or offer for sale firearms at the licensed or permitted location if:(1) alcoholic beverages are not being displayed or sold in any area where firearms are readily accessible or can be viewed; and(2) the firearms are secure from the general public and are only accessible by employees of the person or entity offering the firearms for sale.(c) On-Premises Possession of Firearms. Firearms may be possessed on premises licensed for on-premises consumption if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption only if:(1) the firearm is lawfully in the possession of the permittee/licensee or another person controlling the premises;(2) the firearm is:(A) possessed for ceremonial and/or display purposes;(B) disabled from use as a firearm while on the licensed premises;(C) is possessed on the licensed premises in connection with charitable fundraising; and(D) remains in the possession, control, or supervision of person or persons acting on behalf of the charitable organization sponsoring the fundraising activity;(3) firearms are used in a historical reenactment pursuant to §11.61(i) of the Texas Alcoholic Beverage Code and:(A) the firearms are of the type, caliber, or gauge common to the era and event being reenacted;(B) such firearms remain in the possession of members of the cast, production company, employees of the permit holder, or others directly involved in the reenactment and are not left unattended or accessible to unauthorized persons at all times such firearms are on the licensed premises;(C) such firearms remain unloaded at all times while on the licensed premises except that the firearms may be loaded with blank ammunition firing no projectile;(D) such firearms are handled in a safe manner so as to present no threat of injury to audience members or others because of discharge or other use;(E) persons engaged in reenactments maintain a minimum of 15 feet intervals between those armed with pistols and all others, and 40 feet between those armed with shotguns and all others;(F) the permittee adopts safety rules to be employed during the reenactment and such rules are read and signed by all employees of the permit holder involved in the reenactment prior to the beginning of the event; and(G) the permittee provides the relevant Commission Regional Office notice of the reenactment at least three business days before the event.", "sourceNote": "Source Note: The provisions of this §35.4 adopted to be effective June 6, 2022, 47 TexReg 3244." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227441", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "35", "label": "ENFORCEMENT" }, "rule": { "number": "§35.5", "label": "Prohibited Sales of Consumable Hemp Products to Minors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227442", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. In this section and §35.6 of this chapter:(1) \"Consumable hemp product\" has the meaning assigned by 25 TAC §300.101 or a successor rule adopted by the Department of State Health Services;(2) \"Licensee\" and \"permittee\" have the meaning assigned by Alcoholic Beverage Code §1.04; and(3) \"Minor\" means a person under 21 years of age.(b) A licensee or permittee violates Alcoholic Beverage Code §§11.61(b)(7) or 61.71(a)(16), as applicable, if the licensee or permittee sells, offers to sell, serves, or delivers a consumable hemp product to a minor.(c) Notwithstanding Chapter 34 of this title, the commission shall impose the following sanctions for a violation of subsection (b) of this section:(1) suspend for no less than 30 days or cancel the license or permit for a first violation;(2) suspend for no less than 60 days or cancel the license or permit for a second violation; and(3) cancel the license or permit for any subsequent violation.(d) The licensee or permittee does not have the option to pay a civil penalty in lieu of suspension or cancellation under subsection (c) of this section.(e) If a license or permit was cancelled under subsection (c) of this section, the following persons are not eligible to apply for, and may not be issued, any TABC-issued original license or permit for a period of five years after cancellation:(1) the license or permit holder;(2) a person who held an interest in the license or permit;(3) if the cancelled license or permit holder is a corporation or other legal entity, a person who held a 50 percent or more ownership interest, directly or indirectly, in the corporation or entity;(4) a corporation or other legal entity, if a person holding a 50 percent or more ownership interest, directly or indirectly, in the corporation or entity is disqualified from obtaining a license or permit under this subsection; and(5) a person who resides with a person who is disqualified from obtaining a license or permit under this subsection.(f) A licensee or permittee that sells, offers to sell, serves, or delivers a consumable hemp product to a minor does not violate subsection (b) of this section if the minor falsely claims to be 21 years of age or older, the permittee or licensee otherwise complies with §35.6 of this chapter, and the permittee or licensee reasonably believes the minor is actually 21 years of age or older.", "sourceNote": "Source Note: The provisions of this §35.5 adopted to be\r\neffective January 21, 2026, 51 TexReg 705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227442", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "35", "label": "ENFORCEMENT" }, "rule": { "number": "§35.6", "label": "Mandatory Age Verification for Consumable Hemp Product Sales" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172171", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsection (c) of this section, a licensee or permittee may not sell, serve, or deliver a consumable hemp product to a person unless the person presents an apparently valid,unexpired proof of identification issued by a governmental agency that contains a physical description and photograph consistent with the person's appearance and that purports to establish that the person is 21 years of age or older.(b) Except as provided by subsection (c) of this section, before completing the sale, service, or delivery of a consumable hemp product to an ultimate consumer, a licensee or permittee shall verify that the purchaser or recipient is 21 years of age or older by carefully inspecting the provided proof of identification.(c) It is a defense to an enforcement action under subsection (d) of this section that the ultimate consumer is 40 years of age or older.(d) Notwithstanding Chapter 34 of this title, if a licensee or permittee fails to abide by the requirements of this section, the licensee or permittee violates Alcoholic Beverage Code §§11.61(b)(7) or 61.71(a)(16), as applicable, and the commission shall:(1) suspend the license or permit for no less than seven days for a first violation;(2) suspend the license or permit for no less than 14 days for a second violation;(3) suspend the license or permit for no less than 30 days for a third violation; and(4) cancel the license or permit for any subsequent violation.(e) The licensee or permittee does not have the option to pay a civil penalty in lieu of suspension or cancellation under subsection (d) of this section.(f) If a license or permit was cancelled under subsection (d) of this section, the following persons are not eligible to apply for, and may not be issued, any TABC-issued original license or permit for a period of one year after cancellation:(1) the license or permit holder;(2) a person who held an interest in the license or permit;(3) if the cancelled license or permit holder is a corporation or other legal entity, a person who held a 50 percent or more ownership interest, directly or indirectly, in the corporation or entity;(4) a corporation or other legal entity, if a person holding a 50 percent or more ownership interest, directly or indirectly, in the corporation or entity is disqualified from obtaining a license or permit under this subsection; and(5) a person who resides with a person who is disqualified from obtaining a license or permit under this subsection.", "sourceNote": "Source Note: The provisions of this §35.6 adopted to\r\nbe effective January 21, 2026, 51 TexReg 705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172171", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "37", "label": "LEGAL" }, "subchapter": { "number": "A", "label": "RULES OF PRACTICE" }, "rule": { "number": "§37.2", "label": "Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172722", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to any contested case under the Alcoholic Beverage Code (Code) where notice and hearing are required, or an opportunity for public participation is provided under the Code.(b) All notices and pleadings in a contested case shall comply with the provisions of Texas Government Code, Chapter 2001, Subchapters C, D, and F and the rules of procedure adopted by the State Office of Administrative Hearings in Title 1, Texas Administrative Code, Chapter 155.", "sourceNote": "Source Note: The provisions of this §37.2 adopted to be effective March 26, 2008, 33 TexReg 2535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172722", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "37", "label": "LEGAL" }, "subchapter": { "number": "A", "label": "RULES OF PRACTICE" }, "rule": { "number": "§37.5", "label": "Determining Population" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208454", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of any provision of the Alcoholic Beverage Code or the commission's rules that refer to population, it shall be determined by the most recent federal decennial census.", "sourceNote": "Source Note: The provisions of this §37.5 adopted to be effective November 17, 2005, 30 TexReg 7469; amended to be effective June 18, 2015, 40 TexReg 3645." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208454", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "39", "label": "PORT OF ENTRY" }, "rule": { "number": "§39.1", "label": "Personal Importation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208455", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter applies to alcoholic beverages imported into this state for personal use under the authority of Alcoholic Beverage Code §§107.07, 201.71 and 201.81.(b) All alcoholic beverage containers imported into Texas for personal consumption are subject to the applicable state tax and administrative fees. These administrative fees shall be included in the posted tax rates.(c) Payment of the fees and taxes must be documented by a tax stamp. For purposes of this rule, \"tax stamp\" means a written acknowledgement, which may be an electronic notification, documenting that the State of Texas has received payment of fees and taxes.(d) Nothing in this Chapter shall be construed to alter the personal importation limits set in Code §107.07(a).", "sourceNote": "Source Note: The provisions of this §39.1 adopted to be effective January 1, 1976; amended to be effective August 31, 1995, 20 TexReg 6323; amended to be effective August 17, 2016, 41 TexReg 6000; amended to be effective April 12, 2022, 47 TexReg 1887." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208455", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "39", "label": "PORT OF ENTRY" }, "rule": { "number": "§39.2", "label": "Calculation of Taxes Due" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208456", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Alcoholic beverages may be imported for personal use are subject to the following tax rates set in the Code:(1) Distilled spirits: $2.40 per gallon;(2) Vinous Liquor containing less than 14 percent alcohol by volume: $0.204 per gallon;(3) Vinous Liquor containing 14 percent or more of alcohol by volume: $0.0408 per gallon;(4) Malt Beverages: $6.00 per 31-gallon barrel, ($0.194 per gallon); and(5) Artificially carbonated and natural sparkling vinous liquor: $0.516 per gallon.(b) If the alcoholic beverage is in metric containers, the amount of tax due is determined by converting the metric amount into the equivalent amount in gallons and applying the appropriate tax rate, then rounding up to the nearest quarter of a dollar, as authorized by Code §107.07(g).", "sourceNote": "Source Note: The provisions of this §39.2 adopted to be effective April 12, 2022, 47 TexReg 1887." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208456", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "39", "label": "PORT OF ENTRY" }, "rule": { "number": "§39.3", "label": "Assessment of Administrative Fee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208457", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall assess a $3.00 administrative fee for each alcoholic beverage container imported into the State of Texas for personal consumption.(b) For purposes of this chapter, each of the following is counted as one \"container\":(1) For wine: 750ml or one gallon;(2) For distilled spirits: 1 to 4 containers each containing less than 50mL; Half Pint/200ml, Pint/500ml, Fifth/750ml, Quart/1 liter, Half Gallon/1.75 liters, 1 Gallon/3.79 liters; and(3) For malt beverages: 1 to 24 twelve oz. containers or up to 288 oz. regardless of container size.(c) A commission regulatory compliance officer may assess a reasonable fee on a container not listed in subsection (b) of this section. The officer shall base the fee upon the officer's estimation of the volume of the container.", "sourceNote": "Source Note: The provisions of this §39.3 adopted to be effective April 12, 2022, 47 TexReg 1887." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208457", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "39", "label": "PORT OF ENTRY" }, "rule": { "number": "§39.4", "label": "Table of Taxes Due for Liquor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208458", "queryAsDate": "03/11/2026" }, "ruleBody": "A table showing the amount of tax due on various types of liquor in metric containers shall be prominently displayed at each port of entry and made available on the commission's website.", "sourceNote": "Source Note: The provisions of this §39.4 adopted to be effective April 12, 2022, 47 TexReg 1887." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208458", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "39", "label": "PORT OF ENTRY" }, "rule": { "number": "§39.5", "label": "Alcoholic Beverages Not Permitted for Personal Importation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206987", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following alcoholic beverages are not permitted to be imported into the State of Texas for personal consumption:(1) Any amount of alcoholic beverages in excess of the statutory limitations of Code §107.07;(2) Illicit beverages, as defined by Code §1.04;(3) Any alcoholic beverage that the commission's regulatory compliance officer determines may be injurious to public health or not meet sanitary conditions, as authorized under §5.38; and(4) Any alcoholic beverage in the possession of a minor, defined in Code §106.01 as a person under the age of 21.(b) A person presenting for importation alcoholic beverages not permitted to be brought into the State of Texas at a port of entry shall:(1) prior to entering the state, destroy the alcoholic beverages in such a manner that they are unrecoverable;(2) voluntarily surrender the alcoholic beverages to authorized personnel at the port of entry, who shall subsequently destroy the alcoholic beverages in a manner that they are unrecoverable; or(3) not enter the State of Texas.", "sourceNote": "Source Note: The provisions of this §39.5 adopted to be effective April 12, 2022, 47 TexReg 1887." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206987", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§41.1", "label": "Scope & Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206988", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter relates to and implements chapters 201, 202, and 203 of the Alcoholic Beverage Code.(b) The rules in this chapter apply to regulated entities required to keep records and/or file reports for taxation purposes.", "sourceNote": "Source Note: The provisions of this §41.1 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206988", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§41.2", "label": "Timely Filing of Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206989", "queryAsDate": "03/11/2026" }, "ruleBody": "With respect to all tax reports required under the Texas Alcoholic Beverage Code, Chapter 201, or this chapter, it is a violation of this rule if a report or a payment is not received or postmarked by 11:59 p.m. on the date that it is due.", "sourceNote": "Source Note: The provisions of this §41.2 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206989", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§41.3", "label": "Required Signature" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206990", "queryAsDate": "03/11/2026" }, "ruleBody": "Each report required by this chapter shall be signed and affirmed to be true and correct by the permittee or licensee or a duly authorized representative.", "sourceNote": "Source Note: The provisions of this §41.3 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206990", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§41.4", "label": "Report and Record Retention" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206985", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The license or permit holder must keep all records required by the Alcoholic Beverage Code or by rule and an exact copy of each report required by this chapter for a period of at least two years, unless a different period is specified in the Alcoholic Beverage Code or in another rule.(b) The license or permit holder must keep all records and reports available for inspection by the commission or its authorized representatives during reasonable office hours.", "sourceNote": "Source Note: The provisions of this §41.4 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206985", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§41.5", "label": "Records and Invoice Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206986", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An invoice that is required by the Alcoholic Beverage Code or by rule for any alcoholic beverage must have the exact trade name and license or permit number of the issuing licensee or permittee and the receiving licensee or permittee, if any.(b) A licensee or permittee who owns more than one business operating under separate licenses or permits or a single business operating at two or more locations under separate licenses or permits shall keep separate records for each such business or place of business.(c) Each licensee or permittee who is also engaged in any other kind of business shall make and keep all records for the alcoholic beverage business that are required by the Alcoholic Beverage Code or by rule separate and apart from any and all other records.(d) Making a false entry or any alteration in records that are required by the Alcoholic Beverage Code or by rule is a violation of this section.", "sourceNote": "Source Note: The provisions of this §41.5 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206986", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§41.6", "label": "Failure to Make Reports and Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206992", "queryAsDate": "03/11/2026" }, "ruleBody": "Failing to make any record or report required by this chapter, or failing to make any entry or entries on any record or report required by this chapter at the time or in the place or manner required, is a violation of this section.", "sourceNote": "Source Note: The provisions of this §41.6 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206992", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.11", "label": "Basic General Records Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222405", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by subsections (b) and (c) of this section, a brewer, distiller, winery, rectifier, wholesaler, Class B wholesaler, package store, brewpub, or distributor must keep at each place of business, for a period of two years, for inspection at all times by the commission or its authorized representatives:(1) a complete record of all alcoholic beverages manufactured, distilled, sold, purchased, received, blended, or bottled, including all invoices, bills of lading, way bills, freight bills, express receipts, and all other shipping records furnished by the carrier and the seller or shipper of the alcoholic beverages, including, at a minimum:(A) the name and address of the person from whom alcoholic beverages were purchased;(B) the name and address of the person receiving alcoholic beverages;(C) the address from which the alcoholic beverages were shipped or delivered;(D) the address at which the alcoholic beverages were received;(E) the quantity and kind of alcoholic beverage received; and(F) except as provided in subsection (b) of this section, inventories on the last day of each month, showing the quantities, sizes, brands, and taxable class of beverages on hand; and(2) a complete record of each sale or distribution of alcoholic beverages, upon an invoice to be furnished by the licensee or permittee.(b) Package store permittees are not required to keep inventories of alcoholic beverages on hand on the last day of each month under subsection (a)(1)(F) of this section.(c) Wine and malt beverage retailers are required to keep the records required by subsection (a) of this section only as to wine purchases.(d) Invoices must:(1) be printed, numbered, and issued in consecutive order;(2) show the date of sale or distribution, the purchaser's tradename, purchaser's license or permit number, purchaser's address, the means of delivery, the name and permit number of the carrier (if delivered by common carrier), and the quantity, price, container size and brand name of alcoholic beverages sold;(3) be supported by the receipts or other records furnished by the carrier of such alcoholic beverages; and(4) include the alcohol percentage by volume or an approved symbol or statement in the product description for malt beverages.(e) The licensee or permittee making the sale shall keep each invoice or a copy thereof and shall deliver an invoice to the purchaser.(f) Each purchaser and seller of tax-free alcohol shall keep for inspection of the commission or its authorized representatives all invoices of tax-free alcohol for a period of at least two years.(g) License and permit holders selling alcoholic beverages to-go under Alcoholic Beverage Code Chapter 28 or 32 shall maintain receipts for those sales for a period of at least six months.", "sourceNote": "Source Note: The provisions of this §41.11 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222405", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.12", "label": "Compliance Reporting by License and Permit Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206993", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule implements Alcoholic Beverage Code §§5.31 and 5.361. The purpose of this rule is to allow the commission to better leverage resources in meeting its charge to inspect, supervise, and regulate members of the alcoholic beverage industry; reduce unnecessary physical inspections of industry locations; and use automation to better and more efficiently protect public safety and serve the alcoholic beverage industry.(b) Each permittee and licensee with a premises in Texas must prepare and file an automated compliance report with the commission as instructed by the commission. The commission may require that the report be filed using a specified digital application.(c) The commission will annually notify each permittee and licensee of the requirement to file its compliance report. The license or permit holder will have 180 days from the date of the notification to file the report.(d) The commission may issue a written warning to a permittee or licensee who fails to file the mandated compliance report within 180 days of being notified by the commission. The commission may initiate an administrative case to cancel or suspend the license or permit of any permittee or licensee who does not file a compliance report for the subsequent reporting period following issuance of the written warning.", "sourceNote": "Source Note: The provisions of this §41.12 adopted to be effective December 6, 2021, 46 TexReg 8246; amended to be effective December 5, 2024, 49 TexReg 9745." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206993", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.13", "label": "Carrier Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206994", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each holder of a carrier permit under Chapter 41 of the Alcoholic Beverage Code shall make a monthly report to the commission on forms prescribed by the executive director.(b) The permittee shall file the report with the commission on or before the 15th day of the month following the calendar month for which the report is made.(c) The report shall give an accurate account of all liquor, wine, and malt beverages transported by the carrier in interstate commerce during the month for which the report is made, and shall state the date of shipment, consignor, point of origin, consignee, destination, freight bill number, number of packages, kind of commodity shipped, and the date of delivery, and shall give all information requested by the form. If no shipments were transported, the permittee shall submit a report stating so.", "sourceNote": "Source Note: The provisions of this §41.13 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206994", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.14", "label": "Transfer of Alcoholic Beverages by Package Stores and Wine-Only Package Stores" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206995", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to transportation of alcoholic beverages under the authority of §§22.08, 23.04 or 24.04 of the Alcoholic Beverage Code.(b) Only a holder of a package store permit, wine-only package store permit, local distributor's permit, or a carrier's permit may transport alcoholic beverages under the authority of §§22.08, 23.04 or 24.04 of the Alcoholic Beverage Code.(c) Package stores and wine only package store permittees transporting shipments of alcoholic beverages governed by this rule to a permitted location shall prepare an invoice in duplicate. The invoice shall show:(1) the date of the shipment;(2) the quantity, container size and brands of alcoholic beverages shipped, and if sold, a price extension for each line item listed on the invoice; and(3) the store name and address of the origination and destination point of the shipment.(d) The purchaser must sign the invoice acknowledging receipt of the alcoholic beverages.(e) The original of the invoice mandated by this rule shall be maintained at the originating store for two years after the date of shipment. The copy of the invoice shall accompany the shipment and be maintained at the receiving store for two years after the date of shipment.(f) Shipments of alcoholic beverages governed by this rule may not be transported outside the county in which the shipment originated and must be transported by the most direct practical route from point of origination to point of destination.(g) Shipments made by local distributor permittees under the authority of §23.04 of the Alcoholic Beverage Code are subject to the restrictions expressed in §102.56(d) of the code.", "sourceNote": "Source Note: The provisions of this §41.14 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206995", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.15", "label": "Transportation of Imported Alcoholic Beverages" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206996", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to alcoholic beverages imported into the state under the authority of §§14.071, 16.10, 19.06, 20.04, 41.01(a), 62.15, 63.01, 64.10, and 66.01 of the Alcoholic Beverage Code.(b) Alcoholic beverages imported into the state for resale may only be transported by the holder of a license or permit authorizing transport or a carrier's permit. Shipments of alcoholic beverages into the state must be accompanied by an invoice.(c) Nonresident sellers shipping alcoholic beverages for importation to any class of licensees or permittees shall cause the invoice covering that shipment of alcoholic beverages to show delivery to the authorized license or permit holder.(d) All license and permit holders subject to this section shall transport alcoholic beverages by the most direct route practical to the place of destination.", "sourceNote": "Source Note: The provisions of this §41.15 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206996", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.16", "label": "Tamper-proof Containers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209148", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to Alcoholic Beverage Code §§28.1001 and 32.155.(b) A \"tamper-proof container\" means a container that, once sealed, clearly shows whether it has been opened. The term includes a closed cup or similar container that is:(1) placed into a bag that has been sealed with a zip tie or staple;(2) sealed with shrink wrap or a similar seal;(3) sealed with a tamper-evident adhesive tape or seal having one or more indicators or barriers to entry which, if breached or missing, can reasonably be expected to provide visible evidence that tampering has occurred; or(4) sealed mechanically on-premises with a can seamer.(c) The following sealing methods, unless used in combination with a method described in subsection (b) of this section, are not sufficient to meet the standard for a tamper-proof container:(1) freezing the beverage, putting a lid on it, and leaving the straw out of the lid's straw hole; and(2) sealing with a sticker or adhesive tape that is not tamper-evident.(d) The list in subsection (c) of this section is non-exclusive.", "sourceNote": "Source Note: The provisions of this §41.16 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209148", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.17", "label": "Bottle Capping Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209143", "queryAsDate": "03/11/2026" }, "ruleBody": "No member of the retail or wholesale tiers may, for unlawful purposes, possess on the licensed premises a device used for capping or recapping of beverage bottles.", "sourceNote": "Source Note: The provisions of this §41.17 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209143", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.18", "label": "Vehicle Identification and Liability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209149", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule applies to vehicles used in the alcoholic beverage business by license and permit holders operating under the authority of §§14.071, 19.06, 20.04, 22.08, 24.04, 62.15, or 64.10 of the Alcoholic Beverage Code.(b) Each vehicle subject to this section shall have the correct TABC license or permit number painted or printed or attached in a conspicuous place on the vehicle, with each character being not less than 1.5 inches in height. These characters shall never be covered from public view when the vehicle is being used in the alcoholic beverage business.(c) For each vehicle subject to this section, the license or permit holder shall carry at least $500,000 of liability insurance for bodily injury and property damage covering every registered vehicle whose gross weight, registered weight, or gross-weight rating exceeds 26,000 pounds.(d) For each vehicle subject to this section or operating pursuant to §16.10 of the Alcoholic Beverage Code, the license or permit holder shall file with the commission an affidavit stating that the license or permit holder has knowledge of, and will conduct operations in accordance with, all federal and state safety regulations, and that it is in compliance with the requirements for insurance coverage under this section.(e) For each vehicle subject to this section, the license or permit holder shall maintain proof of insurance in the licensed or permitted vehicle at all times.", "sourceNote": "Source Note: The provisions of this §41.18 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209149", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.19", "label": "Regional Forwarding Centers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209150", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to Alcoholic Beverage Code, §§37.01(a)(2), 62.08, and 63.01.(b) Members of the manufacturing tier transporting alcoholic beverages into the state, or from point to point within the state under the authority of Alcoholic Beverage Code §§37.01(a)(2), 62.08(a), or 63.01, may temporarily hold such alcoholic beverages in a regional forwarding center, subject to the following conditions:(1) A regional forwarding center is a facility wherein alcoholic beverages may be held under the control of the manufacturing tier member responsible for shipping the alcoholic beverages.(2) The regional forwarding center may be operated by a third party who acts as the agent of the manufacturing tier member in arranging for interstate or intrastate shipments of alcoholic beverages to licensees and permittees authorized to receive such beverages or for shipment to locations outside the state.(3) No member of the wholesale or retail tiers of the alcoholic beverage industry may, directly or indirectly, hold any interest in or right of operation of a regional forwarding center.(4) No alcoholic beverages may be sold to a person or entity from a regional forwarding center. For purposes of this rule, a \"sale\" occurs when an order is taken and/or payment is made.(5) No member of the retail tier may take delivery of alcoholic beverages at a regional forwarding center.(6) A regional forwarding center must be located in an area that is wet for the type of alcoholic beverages held therein.(7) A licensee or permittee, by using a regional forwarding center under the authority of this rule, consents to inspection of such facility by the commission, its agents or employees, or any peace officer, to the same extent as consent is given for inspection of licensed premises by §101.04 of the Alcoholic Beverage Code.(c) Licensees and permittees using regional forwarding centers under the authority of this rule shall maintain a record at the regional forwarding center with information relating to specific shipments entered into the record on the day the shipment is received or sent. The record shall show the:(1) invoice number for each receipt and transfer;(2) date for each receipt and transfer;(3) point of origin for each receipt;(4) destination (name and address) for each transfer;(5) type of alcoholic beverages and total gallons for each receipt and transfer; and(6) name of the carrier making delivery and transfer, and its TABC license or permit number if one is required by the Alcoholic Beverage Code.(d) Licensees and permittees using regional forwarding centers under the authority of this rule shall pay an annual fee to the commission pursuant to §33.23 of this title.(e) All records required by this section shall be kept for at least two years.", "sourceNote": "Source Note: The provisions of this §41.19 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209150", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.20", "label": "Warehouse Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209151", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees required by Code §62.08 to register a warehouse with the commission shall provide the warehouse's address and all other information required on a form prescribed by the commission. Should any information required by the form change, a licensee is required to submit a new form reflecting those changes within 30 days. A licensee may not operate a warehouse until the registration form is received by the commission's Licensing Division.(b) A registered warehouse is a place of business of the license holder for purposes of §41.5 and §41.11 of this title.", "sourceNote": "Source Note: The provisions of this §41.20 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209151", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.21", "label": "Bonded Warehouse Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209152", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each holder of a bonded warehouse permit shall make a monthly report to the commission on forms prescribed by the executive director.(b) The report shall:(1) state the name, address, and permit number of the warehouse;(2) state the name, address, and permit number of each customer storing liquor;(3) show monthly opening inventory receipts, withdrawals, and closing inventory in gallons for each class of liquor;(4) affirm that the permittee is in compliance with Alcoholic Beverage Code §46.03, which requires the holder of a bonded warehouse permit to derive at least 50 percent of its gross revenue in a bona fide manner during each three month period from the storage of goods or merchandise other than liquor; and(5) be signed by the custodian of the bonded warehouse.(c) Reports shall be filed with the commission on or before the 15th day of the month following the calendar month for which the report is made.(d) A holder of a bonded warehouse permit may only store or offer to store liquor in full and unbroken case lots.(e) Except as provided in this subsection, a holder of a bonded warehouse permit may only allow the withdrawal of liquor in full and unbroken case lots. When actual breakage occurs in a bonded warehouse which results in actual loss, the holder of a bonded warehouse permit may allow withdrawal in partial or broken case lots if the bonded warehouse permit holder executes duplicate affidavits documenting the actual breakage. The bonded warehouse permit holder shall retain one such affidavit on file and submit the other affidavit with the monthly report required by this section.", "sourceNote": "Source Note: The provisions of this §41.21 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209152", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.22", "label": "Record Requirements: Export" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209145", "queryAsDate": "03/11/2026" }, "ruleBody": "No person shall export any alcoholic beverages in any manner except in compliance with the following:(1) Permittees authorized to export alcoholic beverages shall maintain copies of billing invoices and shipping documents to support any export out of the State of Texas. Supporting documentation shall include an order signed by the purchaser of alcoholic beverages or, in case of return to a distillery, brewery, or winery, a letter of authority.(2) The alcoholic beverages may then be delivered to a common carrier holding a carrier's permit, or if the permittee is authorized under its permit to transport alcoholic beverages in vehicles owned or leased by the permittee, such alcoholic beverages may be transported and exported in vehicles registered with the commission by the permittee.(3) A license or permit holder exporting under this section must obtain proper proof from the purchaser that the alcoholic beverages were sold or disposed of outside of this state and keep such records on file for inspection or audit by any representative of the commission for at least two years.", "sourceNote": "Source Note: The provisions of this §41.22 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209145", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.23", "label": "Sale and Delivery of Malt Beverages to Retail Premises and Private Clubs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209146", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Malt beverages intended to be delivered in sales transactions consummated at a licensed retailer's place of business or at a private club located in a wet area may be transported through dry areas in vehicles owned or leased and operated by one of these authorized sellers, who are authorized to sell to retailers or private clubs located in wet areas: the holder of a brewer's self-distribution license; the holder of any type of distributor license; or the holder of a brewpub license. The person directly in charge of the vehicle used in such transportation must possess a written statement furnished and signed by the authorized seller showing the quantity of malt beverages so delivered to such person, the origin thereof, and the fact that said malt beverage is intended for delivery only upon any sale that may be consummated by such person acting as agent for the authorized seller at the place of business of a licensed retail dealer or a private club located in a wet area.(b) A person into whose charge malt beverages are delivered as provided in this section and who is delivering and obtaining payment for any such malt beverages at a licensed retailer's place of business or at a private club located in a wet area must at that time provide a sales invoice for such malt beverages that must be signed by the purchaser of the malt beverages. The invoice must show the purchaser, the quantity of each type of container sold, and the price. A copy of such invoice shall be furnished to the purchaser at the time of sale, and a copy of the signed sales invoice must be furnished to the authorized seller of such malt beverages within 24 hours from the time of its delivery.(c) A person into whose charge malt beverages are delivered as provided in this section must possess the signed sales invoices required by subsection (b) of this section for any such malt beverage that is not in the person's possession. Records pertaining to any such shipment must be shown to any representative of the commission or any peace officer upon demand.", "sourceNote": "Source Note: The provisions of this §41.23 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209146", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.24", "label": "Providing Retailer Samples: Nonresident Seller" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216542", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A holder of a Nonresident Seller's Permit must purchase samples from a package store permit or wholesale permit holder.(b) Samples purchased by a nonresident seller from a wholesaler's inventory are considered \"first sale\" for purposes of taxation under Alcoholic Beverage Code §201.03. The wholesaler shall remit excise taxes for samples purchased not later than the 15th day of the month following the month in which occurs the \"first sale.\"", "sourceNote": "Source Note: The provisions of this §41.24 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216542", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.25", "label": "Providing Retailer Samples: Distiller's and Rectifier's Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209144", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A holder of a Distiller's and Rectifier's Permit may provide samples obtained from the distiller's inventory to:(1) a retailer in accordance with Alcoholic Beverage Code §14.07; and(2) a consumer in accordance with Alcoholic Beverage Code §14.09.(b) Samples taken from the distiller's inventory are considered \"first sale\" for purposes of taxation under Alcoholic Beverage Code §201.03. The holder of the Distiller's and Rectifier's Permit shall remit excise taxes for samples taken from inventory not later than the 15th day of the month following the month in which occurs the \"first sale.\"", "sourceNote": "Source Note: The provisions of this §41.25 adopted to be effective June 6, 2022, 47 TexReg 3247; amended to be effective February 12, 2024, 49 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209144", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.26", "label": "Nonresident Seller's Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209153", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each holder of a nonresident seller's permit shall make a monthly report to the commission on forms prescribed or approved by the executive director or the executive director's designee.(b) The report shall be electronically submitted or, if mailed, postmarked on or before the 15th day of the month following the calendar month for which the report is made.(c) Upon request by an authorized representative of the commission, invoices shall be submitted to support each entry in the report. A legible copy of each invoice must show the:(1) invoice number and invoice date;(2) trade name, permit number, and address of the seller;(3) trade name, permit number, and shipping address of the purchaser;(4) brand name, type, number and size of containers, total cases, unit or line item extension price, and total sales price;(5) origin of shipment and shipping date; and(6) total by taxable class gallons of each class of liquor.(d) As long as a nonresident seller's permit remains active, the monthly report required by this section must be filed each month even if no sales or shipments have been made.", "sourceNote": "Source Note: The provisions of this §41.26 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209153", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.27", "label": "Nonresident Brewer's Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226962", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each holder of a nonresident brewer's license shall make a monthly report to the commission on forms prescribed or approved by the executive director or the executive director's designee.(b) The report shall be electronically submitted or, if mailed, postmarked on or before the 15th day of the month following the calendar month for which the report is made.(c) Upon request by an authorized representative of the commission, invoices shall be submitted to support each entry in the report. A legible copy of each invoice must show the:(1) invoice number and invoice date;(2) trade name, license number, and address of the brewer;(3) trade name, license or permit number, and shipping address of the purchaser;(4) brand name, type, number and size of containers, total cases, unit or line-item extension price, and total sales price;(5) origin of shipment and shipping date; and(6) total gallons of malt beverages invoiced.(d) As long as a nonresident brewer's license remains active, the monthly report required by this section must be filed each month even if no sales or shipments have been made.", "sourceNote": "Source Note: The provisions of this §41.27 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226962", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "B", "label": "RECORDKEEPING & REPORTS" }, "rule": { "number": "§41.28", "label": "Passenger Transportation Permit Storage Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Alcoholic Beverage Code §48.03(b). (b) A commercial airline that holds a passenger transportation permit issued under Alcoholic Beverage Code §48.03 may store alcoholic beverages in sealed containers of any size at:(1) any airport regularly served by the permittee; or(2) a location within five miles of any airport regularly served by the permittee in the same county as the airport.(c) Prior to storing alcoholic beverages at a location authorized under subsection (b)(2) of this section, the permittee shall report to the commission the address of the storage location and all other information required on a form prescribed by the commission. (d) Should any information provided to the commission under this section change, the permittee must submit a new form with updated information to the commission within 30 days of the change.", "sourceNote": "Source Note: The provisions of this §41.28 adopted to be\r\neffective December 8, 2025, 50 TexReg 7919." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207021", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.30", "label": "Excise Tax" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207022", "queryAsDate": "03/11/2026" }, "ruleBody": "Holders of licenses and permits authorizing the manufacture, wholesaling, or distribution of distilled spirits, wine, and malt beverages in this state must pay the assessed excise tax not later than the 15th day of the month following the month in which occurs the \"first sale\" as this term is defined in Alcoholic Beverage Code §§201.02, 201.41 and 203.02. All taxes shall be remitted by electronic funds transfer, check, or money order made payable to the Texas Alcoholic Beverage Commission.", "sourceNote": "Source Note: The provisions of this §41.30 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207022", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.31", "label": "Monthly Report of Distilled Spirits, Wines, and Malt Beverages" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207023", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each holder of a distiller's and rectifier's permit, any class of wholesaler's permit, a winery permit, a brewer's license, or a distributor's license shall make a monthly report to the commission on forms prescribed or approved by the executive director or the executive director's designee.(b) The report shall be electronically submitted or postmarked by the license or permit holder with the commission at its offices at Austin, Texas, on or before the 15th day of the month following the calendar month for which the report is made.(c) Upon request by an authorized representative of the commission, invoices shall be submitted to support each entry in the report. A legible copy of each invoice must show:(1) invoice number and invoice date;(2) trade name, license number and address of licensed brewer for malt beverages;(3) trade name, permit number and address of permitted non-resident seller, distiller or winery for wine and distilled spirits;(4) trade name and shipping address of customer;(5) brand name, type, number and size of containers, total cases, unit or line-item extension price, and total selling price;(6) origin of shipment and shipping date; and(7) total gallons by taxable class of alcohol invoiced.(d) The monthly report required by this section must be filed each month even if no sales or shipments have been made.", "sourceNote": "Source Note: The provisions of this §41.31 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207023", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.32", "label": "Out-Of-State Winery Direct Shipper's Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207024", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to Chapter 54 of the Alcoholic Beverage Code.(b) Each holder of an out-of-state winery direct shipper's permit shall make reports (Direct Shipper's Report) to the commission on forms prescribed by the executive director or executive director's designee.(c) The report shall be made and filed by the permittee with the commission at its offices in Austin, Texas, on or before the 15th day of the month following the end of the reporting period for which the report is made and shall show:(1) the reporting period and year for which the report is made, the permit number and the name and address of the winery; and(2) the ship date, invoice date, invoice number, customer name, city, total wine gallons per invoice, and carrier name and tracking number for each sale and delivery.(d) The permittee shall attach to the Direct Shipper's Report either:(1) complete, un-redacted copies of invoices showing:(A) the names and addresses of the individuals to whom the alcoholic beverages were shipped;(B) the brand name shipped, the container size and the quantities of each brand name;(C) the prices charged for each brand name;(D) the licensed common carrier used to deliver the alcoholic beverages; and(E) the licensed common carrier tracking number used to identify each shipment; or(2) a complete, unredacted list containing the information described in paragraph (1) of this subsection.(e) Holders of out-of-state winery direct shipper's permits must pay the excise tax on the total gallons of wine shipped into the state, not later than the 15th day of the month following the reporting period the wine was shipped into the state. Remittance of the tax due on wine, less 2.0% of the amount due when submitted within the required time, shall accompany the Direct Shipper's Report and shall be made by check, United States money order, or other acceptable methods of payment payable to the Texas Alcoholic Beverage Commission.(f) As long as an out-of-state winery direct shipper's permit remains active, the reports required herein must be filed even though no sales or shipments have been made.(g) Holders of out-of-state winery direct shipper's permits that shipped 5,000 gallons annually or more to consumers in Texas during the previous calendar year, must file a monthly report.(h) Holders of out-of-state winery direct shipper's permits that shipped less than 5,000 gallons annually to consumers in Texas during the previous calendar year, must file a quarterly report. Quarterly Reporting Periods: January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31.(i) Holders of out-of-state winery direct shipper's permits must:(1) require adult signature upon delivery of alcoholic beverages and notify the carrier that the shipment contains alcoholic beverages;(2) ensure that any third party it uses for order fulfillment identifies and marks the packages to be shipped as containing alcohol and obtains an adult signature upon delivery of the alcoholic beverage product;(3) maintain tracking status documentation for each shipment to a Texas consumer, which must include delivery confirmation and undeliverable shipments; and(4) provide records relating to alcohol shipments to Texas consumers made by a third party on behalf of the permit holder.(j) Failure to comply with the requirements of this section or accurately maintain required records may result in cancellation or suspension of the direct shipper's permit.(k) Holders of out-of-state winery direct shipper's permits that contract with a third party to provide packaging services and/or recordkeeping services, such as filing state tax reports, shall ensure all service records and tax reports subject to the third-party contract are available upon commission request.", "sourceNote": "Source Note: The provisions of this §41.32 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207024", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.33", "label": "Excise Tax Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207025", "queryAsDate": "03/11/2026" }, "ruleBody": "The following transactions are exempt from the requirement to pay excise taxes:(1) Sales of sacramental wine in compliance with §41.34 of this title;(2) Out-of-state sales in compliance with §41.35 of this title;(3) Export of malt beverages that are not legal for sale in Texas in compliance with §41.36 of this title;(4) Alcoholic beverages destroyed in compliance with §41.37 of this title; and(5) Sales of alcoholic beverages for industrial purposes.", "sourceNote": "Source Note: The provisions of this §41.33 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207025", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.34", "label": "Sacramental Wine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207026", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any minister, priest, rabbi, or the authorized head of any religious organization may obtain any wine, tax free, for sacramental purposes.(b) Each wholesaler, Class B wholesaler, or winery shall, for each transaction, obtain a letter from the minister, priest, rabbi, or other authorized head of any religious organization who obtains from him any wine for sacramental purposes, tax-free, to the effect that said wine will be used for sacramental purposes. In computing tax liability, no credit shall be allowed for such transactions unless such letter is submitted as documentary proof that such wine was delivered to a minister, priest, rabbi, or other authorized head of a religious organization, and such letter shall be kept available for the inspection of a representative of the commission for a period of at least two years.", "sourceNote": "Source Note: The provisions of this §41.34 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207026", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.35", "label": "Reporting Required for Export of Alcoholic Beverages" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207027", "queryAsDate": "03/11/2026" }, "ruleBody": "License and permit holders authorized to export alcoholic beverages must list those transactions as tax-exempt out-of-state exports on monthly excise tax reports.", "sourceNote": "Source Note: The provisions of this §41.35 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207027", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.36", "label": "Export of Malt Beverages not Legal for Sale" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227444", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to the export of malt beverages that are not legal for sale in Texas under Alcoholic Beverage Code §§62.09, 64.09, and 66.11.(b) The holder of any class of distributor's license with the intent to receive, store, transport, and deliver for export to another state malt beverages that are otherwise illegal to sell to a Texas retailer because of alcohol content, container size, package, or label shall:(1) store and segregate the products separately from products that are legal to sell to a Texas retailer;(2) prepare a separate invoice for each transaction, which shall be different from the invoice used for malt beverages that are legal to sell to a Texas retailer; and(3) maintain each invoice for at least two years and make them available upon request by an authorized representative of the commission.", "sourceNote": "Source Note: The provisions of this §41.36 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227444", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.37", "label": "Destructions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207029", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each permittee subject to the provisions of Alcoholic Beverage Code §§201.03 or 201.04, and each licensee subject to the provisions of Alcoholic Beverage Code §203.01, is entitled to receive a tax exemption or a tax credit for alcoholic beverages destroyed in accordance with subsections (c) - (g) of this section.(b) Each permittee or licensee eligible to destroy alcoholic beverages following a natural disaster pursuant to Alcoholic Beverage Code §109.09, is entitled to receive a tax exemption or a tax credit for alcoholic beverages destroyed in accordance with subsection (i) of this section.(c) To be claimed as a destruction for purposes of receiving a tax exemption or a tax credit, the alcoholic beverages must be destroyed in such a manner that the product is rendered unrecoverable or unfit for human consumption.(d) A permittee or licensee must comply with the following requirements prior to the destruction of alcoholic beverages for which a tax exemption or tax credit is claimed, unless it submits to the commission a written request for an exception and receives approval of the request prior to destruction:(1) At least three full working days prior to the destruction, the permittee or licensee must notify the nearest authorized representative of the commission of the intent to destroy the alcoholic beverages. This notification must be made in writing on the commission's Application for Destruction of Alcoholic Beverages and contain a complete listing by brand, quantity, container size, and package size of the alcoholic beverages to be destroyed. This requirement for a complete listing may be satisfied by attaching a computerized listing that provides all the required documentation to the Application for Destruction of Alcoholic Beverages.(2) The permittee or licensee must receive written approval from an authorized representative of the commission to conduct the destruction.(e) To support a claim for a tax exemption or tax credit for a destruction, the permittee or licensee must retain the following documentation and make it available to an authorized representative of the commission upon request:(1) a signed copy of the Application for Destruction of Alcoholic Beverages indicating that it was approved, which an authorized representative of the commission shall provide to the permittee or licensee when the destruction is approved;(2) if the alcoholic beverages were destroyed at a location that charges a fee for this service, a copy of the receipt for payment of the fee; and(3) an affidavit of destruction executed by an employee of the permittee or licensee who witnessed the destruction of the alcoholic beverages. The affidavit must include the date of destruction, the destruction location, and a description of how the alcoholic beverages were destroyed. A separate affidavit must be prepared for distilled spirits, wine, and malt beverages.(f) The license or permit holder shall submit the approved Application for Destruction of Alcoholic Beverages (including any attachments) with the monthly excise tax report it files with the commission upon which it claims the tax exemption for the destroyed alcoholic beverages. If the permittee or licensee is unable to claim the destroyed alcoholic beverages as an exemption on a tax report, it may submit a letter to the commission requesting issuance of an authorized tax credit.(g) The license or permit holder shall maintain a copy of the approved Application for Destruction of Alcoholic Beverages (including any attachments) and make it available upon request for inspection by an authorized representative of the commission.(h) The commission may require that the alcoholic beverages designated for destruction be physically inspected and inventoried by a representative of the commission prior to the scheduled destruction and/or that the actual destruction be witnessed by an authorized representative of the commission.(i) A permit or license holder may destroy uninsured malt beverages subject to destruction under Alcoholic Beverage Code §109.09 only in compliance with the following requirements:(1) the alcoholic beverages must be destroyed in such a manner that the product is rendered unrecoverable;(2) an employee of the permittee or licensee who witnessed the destruction of the malt beverages must execute an affidavit of destruction that includes the date of destruction, the destruction location, and a description of how the alcoholic beverages were destroyed; (3) not later than 30 days following the destruction of malt beverages under this section, the permittee or licensee must submit to the commission the affidavit required under paragraph (2) of this subsection with a completed and signed commission form for notification of destruction of uninsured product after a natural disaster; and(4) The permittee or licensee must retain the following documentation and make it available to the commission upon request:(A) a copy of the receipt for the cost of destruction, if the malt beverages were destroyed at a location that charged a fee for the service;(B) a copy of the completed and signed Notification of Destruction of Uninsured Product after a Natural Disaster; and(C) a copy of all destruction affidavits executed by the person who witnessed the destruction.", "sourceNote": "Source Note: The provisions of this §41.37 adopted\r\nto be effective December 6, 2021, 46 TexReg 8246; amended to be effective\r\nFebruary 9, 2026, 51 TexReg 713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207029", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.38", "label": "Production Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207030", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each holder of a distiller's and rectifier's permit, winery permit, brewer's license, or brewpub license shall make a production record to be retained by the license or permit holder and made available to a representative of the commission upon request.(b) The production record shall show:(1) a full and complete report of all liquor or malt beverages manufactured, received, and produced;(2) the date of each day's operation;(3) for each day's operation, the opening inventory in bulk gallons;(4) receipts in bulk gallons;(5) bulk gallons used in production;(6) closing inventory in bulk gallons;(7) total units produced, stating number, size, and type of container;(8) total gallons produced; and(9) total taxable gallons produced of malt beverage or class of liquor.(c) Entries shall be made on the production record no later than three days after malt beverage or liquor is received or produced.(d) Each winery shall maintain a record of wine manufactured and labeled pursuant to Alcoholic Beverage Code §16.01(b). This record shall include date of manufacture, the name of the adult(s) for whom the wine was manufactured and labeled, a sample label, and the total gallons manufactured for each adult. Each record shall be made available to a representative of the commission upon request.", "sourceNote": "Source Note: The provisions of this §41.38 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207030", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.39", "label": "Amount of Excise Tax Bonds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207031", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Excise tax bonds required by Chapter 204 of the Alcoholic Beverage Code and by Chapter 33, Subchapter C, of this title to be maintained by license or permit holders authorized to import malt beverages or liquor into this state shall be in a minimum amount of $1,000 and the maximum amounts of the bonds shall be determined by the executive director. The maximum bond fixed by the executive director must be an amount that will adequately protect the State of Texas against the anticipated tax liability of the principal during any six-week period.(b) The executive director may investigate the adequacy of any bond and adjust the bond as they deem justified by the investigation results.", "sourceNote": "Source Note: The provisions of this §41.39 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207031", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "C", "label": "EXCISE TAXES" }, "rule": { "number": "§41.40", "label": "Reports Required for Brewpubs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each holder of a brewpub license shall make a monthly report to the commission on forms prescribed or approved by the executive director or executive director's designee.(b) The report shall be electronically submitted or, if mailed, postmarked on or before the 15th day of the month following the calendar month for which the report is made.(c) Upon request by an authorized representative of the commission, invoices shall be submitted to support each entry in the report. A legible copy of each invoice must show the:(1) invoice number and invoice date;(2) trade name, license number, and address of the brewpub;(3) trade name, license or permit number, and shipping address of the purchaser;(4) brand name, type, number and size of containers, total cases, unit and or line-item extension price, and total sales price;(5) origin of shipment and shipping date; and(6) total gallons of malt beverage invoiced.(d) As long as a brewpub license remains active, the monthly report required by this section must be filed each month even if no sales or shipments have been made.", "sourceNote": "Source Note: The provisions of this §41.40 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207018", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "D", "label": "SALES OF ALCOHOLIC BEVERAGES NOT IN REGULAR COURSE OF BUSINESS" }, "rule": { "number": "§41.41", "label": "Sale to and by Lien Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207019", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All alcoholic beverages are subject to levy and other judicial process the same as any other personal property under the general laws of the state.(b) Alcoholic beverages may be sold to and purchased by lien holders and licensees and permittees who are privileged to purchase and sell the same.(c) In all instances after such sale has been made, the person making the sale shall notify the executive director or the executive director's designee, giving the date of sale, the names and addresses of both the original owner and the purchaser, an inventory of the beverages sold and the name of the lien holder or lien holders. A lien holder who is not a licensee or permittee and who purchases alcoholic beverages or who procures title thereto in any other lawful manner shall dispose of such alcoholic beverages within 30 days after acquiring title thereto, unless the executive director grants additional time for good cause shown.(d) Before reselling alcoholic beverages under this section, the lien holder shall apply to the executive director or the executive director's designee for permission to make such sale. The application shall show the name and address of the intended purchaser, the number of the intended purchaser's license or permit, the quantity and type of beverages to be sold, and the date and manner of the sale, and shall include copies of any documentation by which the lien holder procured title thereto.", "sourceNote": "Source Note: The provisions of this §41.41 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207019", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "D", "label": "SALES OF ALCOHOLIC BEVERAGES NOT IN REGULAR COURSE OF BUSINESS" }, "rule": { "number": "§41.42", "label": "Sale by Carrier" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227445", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person authorized to transport alcoholic beverages may sell, in accordance with law, any alcoholic beverage the person acquires by reason of unpaid charges, to any permittee or licensee who is privileged to import and sell such alcoholic beverage.(b) Any person contemplating such sale shall apply to the executive director or the executive director's designee, setting out the facts regarding such shipment, the names and addresses of the consignor and consignee, the name and address of the proposed purchaser, and documentation supporting the amount of the charges due.(c) No person authorized to transport alcoholic beverages shall sell or offer for sale any alcoholic beverages for unpaid charges except in the manner herein provided.", "sourceNote": "Source Note: The provisions of this §41.42 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227445", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "D", "label": "SALES OF ALCOHOLIC BEVERAGES NOT IN REGULAR COURSE OF BUSINESS" }, "rule": { "number": "§41.43", "label": "Sale after Cancellation, Expiration, or Voluntary Suspension of License or Permit." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227446", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the event any license or permit granted under the code is cancelled, expires, or is voluntarily suspended by the license or permit holder, the license or permit holder is authorized for 30 days thereafter to sell or dispose of its remaining inventory of alcoholic beverages on hand at the time of the license or permit cancellation, expiration, or voluntary suspension to a licensee or permittee authorized to purchase and sell same. (b) If a necessity exists for a longer period, written permission must be procured from the executive director or the executive director's designee. The application for such permission shall specify the reasons.(c) A holder of a license or permit who holds more than one such license or permit and who submits one to the commission for cancellation or voluntary suspension may request approval to transfer the inventory on hand to one of its other licensed or permitted locations. (d) In all cases where alcoholic beverages are disposed of or sold in bulk as herein set out, a sworn transfer document shall be filed with the local office of the commission and is subject to approval by the executive director or the executive director's designee. Approval of the sale or transfer shall not be granted if either the seller or purchaser is delinquent under Alcoholic Beverage Code §102.32 and §45.130 of this title at the time of the request.(e) The transfer document filed with the commission must show the complete inventory of alcoholic beverages on hand. The inventory shall show the quantity, brand, and size of each container of alcoholic beverage, and for distilled spirits it shall also show the identification stamp number affixed to each container.(f) Both the transferor and the transferee shall sign the transfer document under oath before a notary public swearing to the correctness of the transaction.(g) All alcoholic beverages shall be transferred in a single transaction unless, based on the circumstances, multiple transactions are approved by the executive director or the executive director's designee.(h) No person shall dispose of any alcoholic beverages after the expiration, cancellation, or voluntary suspension of a license or permit except in the manner and within the time herein specified unless written permission is procured from the executive director or the executive director's designee.", "sourceNote": "Source Note: The provisions of this §41.43 adopted to be\r\neffective December 6, 2021, 46 TexReg 8246; amended to be effective\r\nFebruary 9, 2026, 51 TexReg 713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227446", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "E", "label": "PRIVATE CLUBS" }, "rule": { "number": "§41.50", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207033", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:(1) Club--a private club.(2) Guest--an individual who is personally known by the member or one of the member's family and who is admitted to the club premises by personal introduction of, or in the physical company of, the member or one of the member's family.(3) Member and membership--a member of and membership in a private club.(4) Member's family--a spouse, parent, sibling, or adult child of the member.(b) Digital Recordkeeping. A club using a computer system to maintain its membership records is not required to keep a well-bound book if such computer system provides the information as required by these rules.", "sourceNote": "Source Note: The provisions of this §41.50 adopted to be\r\neffective December 6, 2021, 46 TexReg 8246; amended to be effective\r\nFebruary 9, 2026, 51 TexReg 713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207033", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "E", "label": "PRIVATE CLUBS" }, "rule": { "number": "§41.51", "label": "Requirements for Permit; Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227447", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section does not apply to temporary members or to hotel patrons, as described in Alcoholic Beverage Code §§32.09, 32.10, and 32.11.(b) To qualify to hold a private club registration permit, a private club must:(1) have 50 or more members at all times;(2) have a membership committee composed of three or more members of the club and vested with authority by charter, bylaw or regulation to approve or reject membership applications and terminate existing memberships. The governing body of a club, if qualified under this provision, may be the membership committee, and when functioning as such is subject to and governed by all provisions herein relating to the membership committee. When considering a membership application or termination of membership, the membership committee shall keep written minutes showing the meeting date, the names of all committee members present, the name of any person admitted to membership, and the name of any person whose membership was terminated. No minutes are required of any discussion or action regarding a membership application that is denied;(3) have, other than charter members, no members except those approved by at least three members of the membership committee at a meeting of such a committee;(4) keep a well-bound book in which is shown the following about each member: the full name of the member, the member's initial membership number which shall be issued in sequence, the current complete address of such member, the date such member was admitted to membership, and the date such member was removed from membership. When a member has been removed from membership, the membership number may be reassigned to another member. Additional well-bound books may be used if necessary to record the information required by this paragraph, but all such books shall be kept permanently by the club;(5) keep all books, records, and minutes required herein on the premises of the club, and make them available to any representative of the commission upon reasonable notice; and(6) maintain in force any bond required and executed by the corporation as principal, if an incorporated club, or by an officer of the club as principal, if an unincorporated club. Such bond shall be executed by a surety company duly authorized and qualified to do business in this state, as surety, in an amount required by rule of the commission payable to the State of Texas conditioned that all fees and taxes owed by such club to the State of Texas shall be paid. Such bond shall be in a form approved by the executive director and the attorney general of Texas.(c) No membership shall be terminated except by action of the membership committee or by written resignation of the member. Resignation of any member shall be recorded immediately in the minute book of the membership committee and in the records required by subsection (b) of this section.(d) The executive director may, after notice and hearing, refuse to issue a private club registration permit if the executive director finds that the applicant has failed to comply with any requirement set forth in this subsection.(e) As provided in the Alcoholic Beverage Code §32.01, alcoholic beverages owned by members of a private club may only be served to and consumed by a member, a member's family, or their guests.(f) Permittees may access electronically readable information on a driver's license, commercial driver's license, or identification certificate for the purpose of verifying the accuracy of the records required by this rule. Information so accessed may not be retained longer than is reasonably necessary to ensure verification. The information may not be marketed in any manner. Written consent must be obtained from the club member or prospective member when accessing electronically readable information and proof of such consent must be maintained with the permittee's membership records.", "sourceNote": "Source Note: The provisions of this §41.51 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227447", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "E", "label": "PRIVATE CLUBS" }, "rule": { "number": "§41.52", "label": "Temporary Memberships" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227448", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to §32.09 of the Alcoholic Beverage Code.(b) A holder of a private club registration permit shall:(1) purchase, issue, and maintain a temporary membership card to any person who intends to be served alcoholic beverages on its licensed premises, except a person who is a member of the club or a guest of a member of the club, or, if the club is located in a hotel, a patron of the hotel who is at the hotel for overnight lodging and is a guest of the hotel manager who is a member of the club; and(2) keep a record with entries made in chronological order showing the following about temporary membership cards issued: the date issued, the name of the person to whom the card was issued, and the serial number of the temporary membership card.(c) A holder of a private club registration permit shall not serve an alcoholic beverage to a person who holds a temporary membership card unless the temporary card is:(1) issued to the club by the commission;(2) issued to the temporary member by the manager of the club, or other person in charge of the premises of the club;(3) complete and legible, with all blanks, except signature blanks, properly completed, including the name of the temporary member, club name, city, and time period covered;(4) signed at the time of issuance by the manager of the club or other person in charge of the licensed premises; and(5) in possession of the temporary member to whom it is issued.(d) The commission shall not issue a temporary membership card to a club until the commission has received a written request from a club in the manner prescribed by the commission, together with the effective fee established in the Texas Alcoholic Beverage Code. Payment of the fee shall be made only by cashier's check, certified check, corporate check, through the commission's electronic portal, or by United States postal money order payable to the Texas Alcoholic Beverage Commission.", "sourceNote": "Source Note: The provisions of this §41.52 adopted to be\r\neffective December 6, 2021, 46 TexReg 8246; amended to be effective\r\nFebruary 9, 2026, 51 TexReg 713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227448", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "E", "label": "PRIVATE CLUBS" }, "rule": { "number": "§41.53", "label": "Pool Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207036", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section relates to §§32.06 and 32.13 of the Alcoholic Beverage Code.(b) Equal Assessment Pool Systems. Each holder of a private club registration permit operating under a pool system that requires each member of the pool to participate equally in the purchase and replacement of alcoholic beverages shall:(1) purchase all such alcoholic beverages with money assessed and collected in advance from each member equally;(2) initially set the assessment fee according to the club's by-laws or governing body and increase or decrease the fee as needed upon approval of the club's governing body and recording of the fee change in the club's minutes;(3) use only money from the fee assessment to purchase or replace alcoholic beverages purchased for use under the equal assessment pool system; and(4) keep a well-bound book in which is recorded the following about each member of the pool: the member's name and membership number, the date and amount of each liquor pool assessment, and the date of payment of the assessment. This rule does not apply to fraternal organizations or to veterans' organizations.(c) Replacement Pool Systems. Each holder of a private club registration permit operating under a replacement pool system by which a designated percentage of daily service charges collected for the service of alcoholic beverages is set aside to replace alcoholic beverages served to club members and their guests and to temporary membership card holders shall:(1) initially set the percentage according to the club's by-laws or governing body and increase or decrease the percentage as needed upon approval of the club's governing body and recording of the percentage change in the club's minutes; and(2) use only money from the designated percentage of daily service charges collected for the service of alcoholic beverages to purchase or replace alcoholic beverages purchased for use under the replacement pool system.(d) Each holder of a private club registration permit operating under the pool system using either equal assessments or a replacement percentage shall prepare a record showing separately the pool assessments or replacement funds collected from the membership and the disbursements of these collections for purchases of alcoholic beverages.", "sourceNote": "Source Note: The provisions of this §41.53 adopted to be\r\neffective December 6, 2021, 46 TexReg 8246; amended to be effective\r\nFebruary 9, 2026, 51 TexReg 713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207036", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "E", "label": "PRIVATE CLUBS" }, "rule": { "number": "§41.54", "label": "Locker Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207037", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section relates to §§32.05, 32.10, and 32.13 of the Alcoholic Beverage Code.(b) A club may allow its members to store their privately-owned alcoholic beverages in secure lockers on the club premises.(c) All alcoholic beverages owned by each member under the locker system must be kept in a locker rented only to such member at all times, except when the member, one of the member's family or the member's guest is present on the premises and using such alcoholic beverages. This section does not apply to fraternal organizations or to veterans' organizations.(d) The club will be assessed gross receipts taxes on alcoholic beverages kept in member lockers based upon storage fees, corkage fees, and/or service fees collected by the club.(e) The club must keep the following records on the premises for at least two years and must make available to the TABC upon reasonable request:(1) receipts or other records of storage fees, corkage fees, and/or service fees collected;(2) an inventory of each alcoholic beverage stored in a member locker, including the brand and container size of distilled spirits, locker number, and member name or other unique identifier, such as a membership number; and(3) with respect to distilled spirits, the inventory must include other identification approved by the commission sufficient to demonstrate that the distilled spirit is owned by the member.(f) Once stored, members may not remove an alcoholic beverage from the club premises except as authorized by §32.15 of the Alcoholic Beverage Code.", "sourceNote": "Source Note: The provisions of this §41.54 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207037", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "E", "label": "PRIVATE CLUBS" }, "rule": { "number": "§41.55", "label": "Food Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207038", "queryAsDate": "03/11/2026" }, "ruleBody": "A private club shall provide regular, adequate food service including, at a minimum, meals available on the club premises for service to members, their families, and guests. The food service requirement may be fulfilled through the use of a concession or catering agreement with an outside vendor. Prepared food must be available upon request and must be delivered and served at the licensed premises. Payment for food service must be made to the private club. This section does not apply to fraternal organizations or veterans' organizations.", "sourceNote": "Source Note: The provisions of this §41.55 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207038", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "E", "label": "PRIVATE CLUBS" }, "rule": { "number": "§41.56", "label": "Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227449", "queryAsDate": "03/11/2026" }, "ruleBody": "The executive director may, after notice and hearing, suspend for a period not exceeding 60 days or cancel a private club registration permit:(1) if the executive director finds that the club or any of its members, agents, servants, or employees has:(A) served, consumed or permitted another person to consume an alcoholic beverage on the premises of the club at any time when the private club registration permit of such club is suspended by an order of the executive director; or(B) made a false statement or a misrepresentation in any book, record, minutes or report, or other written matter required to be kept or reported by this subchapter or by any provision of the Alcoholic Beverage Code;(C) failed to comply with any requirement set forth in this subchapter; or(2) for any reason listed in §32.17 of the Alcoholic Beverage Code.", "sourceNote": "Source Note: The provisions of this §41.56 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227449", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "E", "label": "PRIVATE CLUBS" }, "rule": { "number": "§41.57", "label": "Purchase of Certain Alcoholic Beverages" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207039", "queryAsDate": "03/11/2026" }, "ruleBody": "The holder of a private club registration permit or private club exemption certificate operating under the pool system may only purchase distilled spirits and wine from the holder of a local distributor's permit.", "sourceNote": "Source Note: The provisions of this §41.57 adopted to be\r\neffective February 9, 2026, 51 TexReg 713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207039", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "F", "label": "IDENTIFICATION STAMPS" }, "rule": { "number": "§41.60", "label": "Identification Stamps and Local Distributor's Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227450", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:(1) Identification stamp--the identification stamp referenced in §§28.15 and 32.20 of the Alcoholic Beverage Code.(2) Invoice--an instrument requesting payment for alcoholic beverages issued by the seller of alcoholic beverages to a permittee.(3) Mutilate--to scratch, cut, tear, or abrade in a manner which inflicts obvious and substantial damage to the stamp but does not totally remove or obliterate the stamp.(4) Retail permittee--the holder of a mixed beverage permit, a private club registration permit, or private club exemption certificate permit.(b) The holder of a local distributor's permit shall keep any record required by any rule of the commission or by the Alcoholic Beverage Code for a period of two years on the licensed premises and shall make any such record available to a representative of the commission upon request within a reasonable time.(c) Identification stamps shall be affixed only by the holder of a local distributor's permit to whom such stamps have been issued by the commission. When affixing identification stamps, the holder of a local distributor's permit shall affix each identification stamp near the top of the brand label of the bottle of distilled spirits in such a manner that some portion of the identification stamp covers and is attached to some portion of the brand label but does not cover any information on the brand label, unless the exception in subsection (d) of this section applies. \"Brand label\" means the principal display panel that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.(d) A licensee selling cases of distilled spirits containing only multiple spirits containers each with a capacity of 375 mL or less may stamp the case with one identification stamp prior to selling the alcoholic beverages to a mixed beverage permittee, rather than individually stamping each bottle in the case. The mixed beverage permittee purchasing cases of distilled spirits subject to this section shall retain for two years invoices showing the identification stamp for each case purchased.(e) Transaction records.(1) Each holder of a local distributor's permit shall prepare a record making an entry thereon on each date there occurs any of the following transactions involving identification stamps and showing the following:(A) Quantity of identification stamps received.(B) Quantity and serial numbers of identification stamps affixed, and also showing the invoice date, invoice number, retailer trade name, and retailer permit number.(C) Quantity of identification stamps on hand after each receipt or affixing of such stamps.(D) When the holder of a local distributor's permit affixes identification stamps prior to the sale of such stamped merchandise, the permittee shall also record the date the merchandise is stamped showing the number of stamps used per brand and size. Stamped merchandise shall be stored separately from all other merchandise on hand. Stamps issued from pre-stamped stock must be listed individually per invoice line item on sales invoices prepared for retail sales.(E) The serial number of each stamp issued, lost, stolen, voided, destroyed, or issued as a replacement stamp must be recorded.(2) Full title and ownership of all identification stamps shall remain vested in the commission. Upon termination of any local distributor's permit, all unaffixed identification stamps on hand shall be surrendered to the commission along with distribution records of stamps issued by the local distributor permittee.(f) An invoice shall be issued in original and one copy in consecutive numbered order, showing the date of the sale or distribution, the name and permit number of the seller and the purchaser, and the purchaser's complete address, the serial numbers of all identification stamps affixed to the merchandise, the quantity, brand and class of alcoholic beverages sold and the total price of each brand and class shown thereon. Such invoices or a copy thereof shall be delivered to the permittee and a copy of such invoices shall be kept by the seller making same. The seller's copy of the invoice must be signed by the purchaser.(g) A local distributor may elect to maintain identification stamp records required by subsection (e) of this section in an electronic format using an automated stamp record system. If this election is made, the automated system must provide the information required by subsection (e) of this section, and the automated system must be inspected and have prior approval from the Commission.(h) The invalidation of identification stamps required by §28.09 of the Alcoholic Beverage Code shall be done by mutilating the stamp. The marking of a stamp with ink, dye, or other material is not authorized as a method for invalidating the stamp.(i) No retail permittee shall possess or permit any person to possess on the permittee's licensed premises any distilled spirits in any container bearing an identification stamp that has been mutilated or otherwise damaged or marked to a substantial degree.(j) No retail permittee shall possess or permit any person to possess on the permittee's licensed premises any blank or serially numbered TABC identification stamp that is not properly attached to a distilled spirits container that has been properly invoiced to the retail permittee by a local distributor.(k) All provisions of §§28.08, 28.09, and 28.15 of the Alcoholic Beverage Code applicable to a mixed beverage permittee apply to holders of private club registration permits and private club exemption certificate permits.", "sourceNote": "Source Note: The provisions of this §41.60 adopted to be effective December 6, 2021, 46 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227450", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "41", "label": "AUDITING" }, "subchapter": { "number": "G", "label": "OPERATING AGREEMENTS BETWEEN PERMIT AND LICENSE HOLDERS" }, "rule": { "number": "§41.65", "label": "Contract Distilling Arrangements and Distillery Alternating Proprietorships." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205976", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Alcoholic Beverage Code §§14.10 and 37.011.(b) Alcoholic Beverage Code §§14.10 and 37.011 authorize contract distilling arrangements and distillery alternating proprietorships.(1) \"Contract distilling arrangement\" means an arrangement in which two distilleries contract for one distillery to engage in the activities authorized in Alcoholic Beverage Code §§14.10(a) or 37.011(a) on behalf of the other distillery.(2) \"Distillery alternating proprietorship\" means an arrangement in which two or more parties take turns using the physical premises of a distillery as permitted under the Alcoholic Beverage Code.(c) As used in this section and Alcoholic Beverage Code §§14.10 and 37.011, \"affiliate\" means a person who controls, is controlled by, or is under common control with the holder of a Nonresident Seller's Permit, including a subsidiary, parent, or sibling entity of the nonresident seller.(d) The parties to an agreement under Alcoholic Beverage Code §37.011 shall consist of the holder of a Distiller's and Rectifier's Permit and the holder of a Nonresident Seller's Permit. The nonresident seller must either:(1) own a distillery outside Texas; or(2) have an affiliate who owns a distillery outside Texas who also holds a Distiller's and Rectifier's Permit.(e) Pursuant to Alcoholic Beverage Code §§14.10(d) and 37.011(c), a distiller (\"Distiller A\") who manufactures, bottles, packages, or labels distilled spirits on behalf of another distiller (\"Distiller B\") or nonresident seller under a contract distilling arrangement may not consider the distilled spirits as being owned by Distiller A or sell those products on Distiller A's premises. A wholesaler or authorized carrier may, at the request of Distiller B or the nonresident seller, transport distilled spirits directly from Distiller A's premises for the purpose of resale to an authorized permittee or a qualified person outside this state. (f) A distiller who has its product(s) manufactured at a separate location under a contract distilling arrangement may not sell the product(s) directly to ultimate consumers under Alcoholic Beverage Code §14.05 unless the distiller manufactures, bottles, packages, or labels its own distilled spirits at its permitted premises.(g) A distiller (\"tenant distiller\") or nonresident seller who engages in the activities authorized in Alcoholic Beverage Code §§14.10(a) or 37.011(a) on another distiller's (\"host distiller\") premises pursuant to a distillery alternating proprietorship may not sell the product to ultimate consumers on the host distiller's premises.(h) A distiller who manufactures its own product, regardless of whether the product is bottled, packaged, or labeled at a separate location under a contract distilling arrangement, may sell the product for consumption on or off the premises at which the manufacturing occurs in accordance with Alcoholic Beverage Code §14.05.(i) Prior to engaging in the privileges authorized in this section and Alcoholic Beverage Code §§14.10 and 37.011, an agreement signed by each party to a contract distilling arrangement or distillery alternating proprietorship must be submitted to TABC by the permit holder who owns the ultimate product. The agreement must contain provisions specifying the nature, duration, and extent of the activities authorized under the agreement and provisions delineating a separation between each permit holder's business and operations. The agency's acceptance of the agreement does not constitute approval of the entirety of the agreement's terms and is merely an acknowledgement that an agreement containing the required provisions has been submitted.(j) A nonresident seller who enters into a contract distilling arrangement or alternating distillery proprietorship through an affiliate must submit to TABC an affidavit describing the affiliate's qualifications under subsection (c) of this section.(k) Notwithstanding §45.26, distilled spirits manufactured, bottled, packaged, or labeled pursuant to a contract distilling arrangement or distillery alternating proprietorship may be removed from, and transported between, distillery premises as necessary to accomplish the agreement's terms.", "sourceNote": "Source Note: The provisions of this §41.65 adopted to be\r\neffective December 5, 2024, 49 TexReg 9746; amended to be effective\r\nFebruary 9, 2026, 51 TexReg 713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205976", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.1", "label": "Statutory Authority and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222407", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter implements Alcoholic Beverage Code §§101.67 and 101.671, which provide for the registration of alcoholic beverage products with the state, and Chapter 108, Advertising.(b) This chapter does not apply to:(1) distilled spirits for export or for industrial use;(2) wine produced pursuant to §109.21, Alcoholic Beverage Code;(3) wine that is to be exported in bond;(4) malt beverages in bond; or(5) malt beverages manufactured for sale exclusively outside this state.", "sourceNote": "Source Note: The provisions of this §45.1 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222407", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201385", "queryAsDate": "03/11/2026" }, "ruleBody": "When used in this chapter, the terms listed below shall have the following meanings:(1) Advertisement--Any statement provided by or at the behest of a permittee promoting the purchase of a brand of alcoholic beverage through the medium of: radio broadcast; television broadcast; the internet; newspaper, periodicals, or other publications; any sign or outdoor advertisement; or of any other printed or graphic matter, including trade booklets, menus, and cards; if such advertisement is in, or is calculated to include sale in, this state, or is disseminated by mail or electronic mail. The term \"advertisement\" does not include: any label affixed to any alcoholic beverage bottle; or any individual covering, carton, or other container of the bottle, or any written, printed, graphic, or other matter accompanying the bottle, which constitutes a part of the labeling under this chapter; or any editorial or other reading matter in any periodical newspaper, or other publication for which no money or other valuable consideration is paid or promised, directly or indirectly, by any permittee.(2) Alcoholic beverage--Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted, including distilled spirits, malt beverages, and wine, as defined herein.(3) Applicant--A person who submits an application with the commission to register an alcoholic beverage product.(4) Bottler--Any person who places alcoholic beverages in containers.(5) Brand label--The label carrying, in the usual distinctive design, the brand name of the alcoholic beverage.(6) Brewpub--A holder of a brewpub license under Chapter 74 of the Alcoholic Beverage Code.(7) Code--The Texas Alcoholic Beverage Code.(8) COLA--A certificate of label approval issued by the United States Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 CFR Ch. I, Subch. A, Part 13.(9) Commission--The state agency, the Texas Alcoholic Beverage Commission; this term is not intended to refer to the agency's commissioners sitting as a deliberative body.(10) Container--Any can, bottle, barrel, keg, cask, tank car, or other closed receptacle, irrespective of size or of the material from which made, for use for the sale of malt alcoholic beverages. This provision does not in any way relax or modify §1.04(18) of the Alcoholic Beverage Code.(11) Distilled Spirits--Alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients.(12) Malt beverage--a fermented beverage of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, in whole or in part, or from any malt substitute.(13) Person--A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.(14) Producer--A manufacturer of all classes of alcoholic beverages and nonresident sellers that are the primary American source of supply for purposes of §37.10 of the Code.(15) TTB--The United States Alcohol and Tobacco Tax and Trade Bureau or its successor agency.(16) Sake--an alcoholic beverage made by fermenting rice.(17) Wine--A product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers and other alcoholic beverages made in the manner of wine, including sparkling and carbonated wine, vermouth, cider, sake, and perry.", "sourceNote": "Source Note: The provisions of this §45.2 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182; amended to be effective December 5, 2024, 49 TexReg 9748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201385", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.3", "label": "General Prohibition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217825", "queryAsDate": "03/11/2026" }, "ruleBody": "No person may ship or import into the state, manufacture and offer for sale, or distribute or sell an alcoholic beverage product in this state in a manner that does not comply with all applicable requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §45.3 adopted to be effective December 31, 2020, 45 TexReg 7245." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217825", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.4", "label": "Product Registration Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by subsection (b) of this section, no alcoholic beverage product may be shipped or imported into the state, manufactured and offered for sale, or distributed or sold in the state until the product is registered with the commission.(b) Product registration is not required for products sold:(1) in compliance with Code §101.6701 by holders of brewer's licenses authorized to sell directly to consumers under Code §62.122;(2) by holders of brewpub licenses except for malt beverages sold under the authority of Code §§74.08 or a distributor under 74.09;(3) pursuant to out-of-state winery direct shipper's permits under Chapter 54 of the Code;(4) by a vintage distilled spirits seller pursuant to Code §§22.19 or 23.07; and(5) by a wine collection seller pursuant to Code §§111.002 or 111.003.", "sourceNote": "Source Note: The provisions of this §45.4 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182; amended to be effective April 15, 2024, 49 TexReg 2287." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205979", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.5", "label": "Denial of Product Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201388", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may deny an application for product registration for one or more of the following reasons:(1) the product label does not meet applicable federal requirements;(2) registration of the product would create a cross-tier violation;(3) the label includes a statement, design, device, or representation that is obscene or indecent;(4) the commission determines the product would create a public safety concern; or(5) the commission determines the product violates any other section of the Code.(b) No alcoholic beverage label may contain any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, other than a bona fide guarantee to refund the purchase price if the consumer is dissatisfied.(c) If the commission denies an application to register a product, the applicant is prohibited from shipping or importing into or within the state, manufacturing or offering for sale, or distributing or selling the product in the state using the denied label.", "sourceNote": "Source Note: The provisions of this §45.5 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201388", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.6", "label": "Revocation of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201389", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission may revoke product registration at any time if the registration was granted in error; if the commission receives new information supporting a denial under §45.5 of this title; or if the registration was issued subject to conditions and the conditions were not satisfied by the deadline.", "sourceNote": "Source Note: The provisions of this §45.6 adopted to be effective December 31, 2020, 45 TexReg 7245." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201389", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.7", "label": "Time Limitation for Processing Product Registration Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201378", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than the 30th day after the date the commission receives an application for registration of a product under this section, the commission shall either approve or deny the registration application.(b) For purposes of this chapter, an application is received only when all required information has been received by the commission. An incomplete application is not considered received.", "sourceNote": "Source Note: The provisions of this §45.7 adopted to be effective December 31, 2020, 45 TexReg 7245." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201378", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.8", "label": "Protest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224679", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the commission denies the application for a product with a valid COLA or fails to act on the application within the time required by §45.7 of this title, the applicant is entitled to an administrative hearing before the State Office of Administrative Hearings.(b) To request a hearing under this chapter, the applicant must file a written request for hearing with the commission within ten (10) business days of:(1) receiving notification from the commission that product registration has been denied; or(2) the expiration of the time limit for commission action, if the commission has not either approved or denied the application.", "sourceNote": "Source Note: The provisions of this §45.8 adopted to be effective December 31, 2020, 45 TexReg 7245." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224679", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.9", "label": "Withdrawal of Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201380", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant may unconditionally withdraw their application for product registration at any time prior to issuance of a certificate of product registration or a notification of denial. (b) If an applicant fails to respond to requests from the TABC for additional information or for remittance of a product registration fee within ten (10) calendar days of the request, the TABC may consider the application withdrawn by the applicant.(c) An application that is withdrawn is not considered denied and may be refiled at any time. Withdrawal of an application, whether affirmatively by the applicant or due to the applicant's failure to respond to requests for information or fees, does not trigger the right to appeal or any other due process rights.", "sourceNote": "Source Note: The provisions of this §45.9 adopted to be\r\neffective December 31, 2020, 45 TexReg 7245; amended to be effective\r\nApril 14, 2025, 50 TexReg 2381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201380", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.10", "label": "Application Fee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224680", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The fee for an application for registration under this chapter is $25 and shall be paid at the time the application is filed.(b) An applicant for product registration under this chapter is not entitled to a refund of the application fee for any reason.", "sourceNote": "Source Note: The provisions of this §45.10 adopted to be effective December 31, 2020, 45 TexReg 7245." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224680", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.11", "label": "When Reapplication is Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224681", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For products registered with the commission using a COLA, any change to the label or product that requires issuance of a new COLA requires reapplication for product registration with the commission.(b) For products registered with the commission that are not eligible for a COLA, any change to the label or product requires reapplication for product registration with the commission, except for the following permissible label revisions:(1) Deleting any non-mandatory label information, including text, illustrations, graphics, and ingredients; (2) Repositioning any label information, including text, illustrations, and graphics; (3) Changing the color of the background or text, the shape, or the proportionate size of labels; (4) Changing the type size or font or make appropriate changes to the spelling (including punctuation marks and abbreviations) of words;(5) Changing the type of container or net contents statement;(6) Adding, deleting, or changing optional information referencing awards, medals or a rating or recognition provided by an organization as long as the rating or recognition reflects simply the opinion of the organization and does not make a specific substantive claim about the product or its competitors; (7) Adding, deleting, or changing holiday or seasonal-themed graphics, artwork, or salutations;(8) Adding, deleting, or changing promotional sponsorship-themed graphics, logos, artwork, dates, event locations or other sponsorship-related information; (9) Adding, deleting or changing references to a year or date; and (10) Any TTB-authorized allowable revisions to an approved COLA that do not require application for a new COLA.(c) Not later than September 1, 2023, producers of products required to obtain a first COLA pursuant to Alcoholic Beverage Code §101.67(a) must reapply for commission registration of any such product that will be shipped or imported into the state, manufactured and offered for sale, or distributed or sold on or after Sept. 1, 2023, unless granted an exception under subsection (d) of this section.(d) The executive director may issue a temporary certificate of product registration containing an expiration date at the request of a producer demonstrating that the producer requires additional time beyond September 1, 2023, to use up products bearing labels approved by the commission and printed before December 31, 2020.", "sourceNote": "Source Note: The provisions of this §45.11 adopted to be\r\neffective December 31, 2020, 45 TexReg 7245; amended to be effective\r\nApril 14, 2025, 50 TexReg 2381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224681", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§45.12", "label": "Application Procedures during Interruption of Federal Agency Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224682", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the event of a federal government shutdown or other interruption in service that prevents the TTB from issuing COLAs, the commission shall evaluate applications using the federal standards required for the applicant to receive a COLA or the federal exemption from the COLA requirements, if applicable.(b) If the applicant meets the applicable federal standards, the commission shall register the product on a provisional basis.(c) An applicant whose product has been registered with the state on a provisional basis shall apply for a COLA or any applicable federal exemption from COLA requirements within 30 days of the resumption of services of the TTB.(d) The provisional registration with the state shall expire automatically on the 31st day after the resumption of services of the TTB, unless the applicant has timely filed an application with the TTB. If the applicant timely filed an application with the TTB, the applicant's provisional registration shall continue in effect either:(1) if the TTB denies the applicant's COLA or exemption application, until the notice of that denial is issued by the TTB; or,(2) if the TTB issued the COLA or grants the exemption, until 30 days after the COLA or exemption is issued.(e) If the TTB grants the COLA or exemption application, the applicant must re-apply with the commission for product registration within 30 calendar days of receipt of the COLA or exemption.(f) If the TTB denies the COLA or exemption application, the applicant shall notify the commission within five calendar days of receipt of the denial. The commission may revoke the provisional product registration in the event of CLA or exemption denial by the TTB.", "sourceNote": "Source Note: The provisions of this §45.12 adopted to be\r\neffective December 31, 2020, 45 TexReg 7245; amended to be effective\r\nApril 14, 2025, 50 TexReg 2381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224682", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "B", "label": "ENFORCEMENT" }, "rule": { "number": "§45.20", "label": "Exhibiting Certificates to Representatives of the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201391", "queryAsDate": "03/11/2026" }, "ruleBody": "It shall be unlawful for any person to fail or refuse to exhibit, upon demand or request by any authorized representative of the commission, the certificate of product registration issued by the United States Department of the Treasury or the commission.", "sourceNote": "Source Note: The provisions of this §45.20 adopted to be\r\neffective December 31, 2020, 45 TexReg 7245; amended to be effective\r\nApril 14, 2025, 50 TexReg 2381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201391", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "B", "label": "ENFORCEMENT" }, "rule": { "number": "§45.21", "label": "Examination and Testing of Product" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224683", "queryAsDate": "03/11/2026" }, "ruleBody": "Samples of alcoholic beverages shall be taken for examination by representatives of the commission whenever deemed necessary by the executive director. Examinations may include any chemical or physical determinations for the measurement of contents, the detection of alteration, and lack of conformity to standards of identity, quality, and purity, as set forth in the Code and the rules of the commission.", "sourceNote": "Source Note: The provisions of this §45.21 adopted to be effective December 31, 2020, 45 TexReg 7245." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224683", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "B", "label": "ENFORCEMENT" }, "rule": { "number": "§45.23", "label": "Alteration of Labels" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201394", "queryAsDate": "03/11/2026" }, "ruleBody": "No person may alter, mutilate, destroy, obliterate, or remove any mark, brand, or label on an alcoholic beverage product held for sale in this state except: (1) as authorized by Texas law; and(2) that the executive director or their designee may, on written application, permit additional labeling or relabeling of bottled alcoholic beverages with labels that comply with the requirements of this subchapter and with state law.", "sourceNote": "Source Note: The provisions of this §45.23 adopted\r\nto be effective December 31, 2020, 45 TexReg 7245; amended to be effective\r\nApril 14, 2025, 50 TexReg 2381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201394", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "B", "label": "ENFORCEMENT" }, "rule": { "number": "§45.24", "label": "Records Retention" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205973", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Producers of alcoholic beverage products registered in this state shall retain records of laboratory analyses of the contents of each registered product, including tests of alcohol content.(b) Producers shall maintain records under this section in a manner that they can be made available upon request of the commission.(c) Producers shall maintain records under this section until the product is no longer in the stream of commerce in the state of Texas.", "sourceNote": "Source Note: The provisions of this §45.24 adopted to be effective December 31, 2020, 45 TexReg 7245." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205973", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "B", "label": "ENFORCEMENT" }, "rule": { "number": "§45.25", "label": "Damaged Stock" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205974", "queryAsDate": "03/11/2026" }, "ruleBody": "No alcoholic beverages may be sold or possessed for the purpose of sale in this state that have had fire, smoke, or water damage to the label, container, or contents, unless authorized by the executive director.", "sourceNote": "Source Note: The provisions of this §45.25 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205974", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "B", "label": "ENFORCEMENT" }, "rule": { "number": "§45.26", "label": "Intrastate Bottling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205975", "queryAsDate": "03/11/2026" }, "ruleBody": "It is unlawful for any distiller, rectifier, or other bottler of distilled spirits in this state to bottle or remove such distilled spirits from the licensed premises unless the distilled spirits have first been registered with the commission or clearance of its export procedure has been obtained from the executive director.", "sourceNote": "Source Note: The provisions of this §45.26 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205975", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "B", "label": "ENFORCEMENT" }, "rule": { "number": "§45.27", "label": "Illicit Beverage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222408", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any alcoholic beverage or container that does not meet all the requirements of this chapter is an illicit beverage subject to seizure without a warrant.(b) The executive director may authorize such disposition as facts and circumstances may warrant of any alcoholic beverage that has been seized as the result of an accidental shipment or other reasonable mistake.(c) All alcoholic beverages that cannot be restored to meet the standards of purity shall be destroyed.", "sourceNote": "Source Note: The provisions of this §45.27 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222408", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "B", "label": "ENFORCEMENT" }, "rule": { "number": "§45.28", "label": "Standards of Fill for Distilled Spirits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222409", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authorized standards of fill. The standards of fill for distilled spirits, whether domestically manufactured, domestically bottled, or imported, are subject to the container sizes and standards of fill authorized by the Alcoholic Beverage Code and the United States Department of the Treasury in 27 CFR Part 5, Subpart K.(b) No container size or standard of fill prohibited by the Alcoholic Beverage Code shall be construed to be permitted by this section.", "sourceNote": "Source Note: The provisions of this §45.28 adopted to be effective December 5, 2024, 49 TexReg 9748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222409", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "B", "label": "ENFORCEMENT" }, "rule": { "number": "§45.29", "label": "Standards of Fill for Wine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224684", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authorized standards of fill. The standards of fill for wine, whether domestically manufactured, domestically bottled, or imported, are subject to the container sizes and standards of fill authorized by the Alcoholic Beverage Code and the United States Department of the Treasury in 27 CFR Part 4, Subpart H.(b) Wines less than 7 percent alcohol by volume are subject to 27 CFR Parts 16 and 24.(c) No container size or standard of fill prohibited by the Alcoholic Beverage Code shall be construed to be permitted by this section.", "sourceNote": "Source Note: The provisions of this §45.29 adopted to be effective December 5, 2024, 49 TexReg 9748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224684", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "C", "label": "SPECIFIC REQUIREMENTS FOR DISTILLED SPIRITS" }, "rule": { "number": "§45.30", "label": "Certificate of Registration for a Distilled Spirit Product" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No distilled spirit may be shipped into the state or sold within the state without a certificate of product registration issued by the commission. (b) An applicant for a certificate under this section must hold a distiller's and rectifier's permit or a nonresident seller's permit issued by the commission. (c) The application to register a distilled spirit product must contain the following: (1) a legible copy of the product's COLA; (2) all information required to complete the application; and(3) an application fee of $25.", "sourceNote": "Source Note: The provisions of this §45.30 adopted\r\nto be effective December 31, 2020, 45 TexReg 7245; amended to be effective\r\nSeptember 1, 2021, 46 TexReg 5182; amended to be effective April 14,\r\n2025, 50 TexReg 2381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226963", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "D", "label": "SPECIFIC REQUIREMENTS FOR MALT BEVERAGES" }, "rule": { "number": "§45.40", "label": "Certificate of Registration for a Malt Beverage Product" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205981", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No malt beverage may be shipped into the state or sold within the state without a certificate of product registration issued by the commission.(b) An applicant for a certificate under this section must hold a brewer's license, nonresident brewer's license, or brewpub license issued by the commission.(c) A nonresident brewer's agent may file an application for a certificate of product registration on behalf of a holder of a nonresident brewer's license.(d) The application to register a malt beverage product must contain the following: (1) If the product is eligible for a COLA: (A) a legible copy of the product's COLA; (B) all information required to complete the application form; and (C) an application fee of $25. (2) If the product is not eligible for a COLA: (A) a legible exact color copy of the label; (B) a TTB formulation; (C) all information required to complete the application; and (D) an application fee of $25. (e) In addition to the requirements in subsection (d), an application submitted by or on behalf of a nonresident brewer shall also include: (1) a sworn statement that the nonresident brewer is the primary American source of supply as defined in Alcoholic Beverage Code §63.06(c);(2) if the applicant is not listed on the COLA, a written authorization sworn to by the COLA holder appointing the applicant as the \"exclusive agent\" or \"primary American source of supply\" of the malt beverage for Texas; (3) if the product is not eligible for a COLA, a written authorization sworn to by the person to whom the TTB formulation has been issued appointing the applicant as the \"exclusive agent\" or \"primary American source of supply\" of the malt beverage for Texas; and(4) if the application pertains to a malt beverage currently registered to a separate brewer or nonresident brewer, a written authorization to revoke the prior registration sworn to by the prior registrant. (f) The executive director or their designee may waive the requirement to provide the documentation in subsection (e)(2)-(4) of this section for good cause shown by the applicant. (g) Labels for beverages that meet the definition of malt beverage but are ineligible for a COLA must also comply with 21 C.F.R. Part 101; 27 C.F.R. Parts 16 and 25; 21 U.S.C. §§341-350; 26 U.S.C. Ch. 51; and 27 U.S.C. §215.", "sourceNote": "Source Note: The provisions of this §45.40 adopted to be\r\neffective December 31, 2020, 45 TexReg 7245; amended to be effective\r\nSeptember 1, 2021, 46 TexReg 5182; amended to be effective April 14,\r\n2025, 50 TexReg 2381; amended to be effective December 8, 2025, 50\r\nTexReg 7920." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205981", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "D", "label": "SPECIFIC REQUIREMENTS FOR MALT BEVERAGES" }, "rule": { "number": "§45.41", "label": "Additional Reasons for Denial of Registration of a Malt Beverage Product" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205982", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the provisions of §45.5 of this title, the commission may deny registration for a malt beverage for the following reasons:(1) the label filed with the application by a brewer's or nonresident brewer's licensee:(A) indicates by any statement, design, device, or representation that the malt beverage is brewed or bottled for any retailer permittee or licensee or any private club registration permittee;(B) includes the name, tradename, or trademark of any retailer permittee or licensee or any private club registration permittee; or(C) fails to include the alcohol content by volume as required by subsection (c) of this section.(2) the brand of malt beverages by a brewer's or nonresident brewer's licensee is exclusive to the holder of a license or permit authorizing the retail sale or service of malt beverages, or exclusive to retail licensees or permittees under common ownership, control, or management, to the exclusion of other retail licensees or permittees; or(3) with the exception of the brewpub licensee's name, tradename or trademark, the label filed by a brewpub licensee:(A) indicates by any statement, design, device, or representation that the malt beverage is brewed or bottled for any retailer permittee or licensee or for any private club registration permittee (other than the brewpub licensee label applicant itself, an entity under common ownership with it, or an entity with the same name or tradename as it); or(B) includes the name, tradename, or trademark of any retailer permittee or licensee or of any private club registration permittee (other than the brewpub licensee label applicant itself, an entity under common ownership with it, or an entity with the same name or tradename as it).(b) Nothing in this subchapter or in Alcoholic Beverage Code Chapter 74 authorizes a brewpub licensee to engage in contract brewing or alternating brewery proprietorship arrangements, and its facilities may not be used to provide such arrangements or engage in such activities, which are authorized only for holders of licenses under Alcoholic Beverage Code Chapters 62 or 63.(c) All labels subject to this section must include alcohol content by volume according to the following schedule:(1) For all new product registrations after September 1, 2021, labels must include the product's alcohol content by volume.(2) Except as provided in paragraph (3) of this subsection, products registered with the commission prior to September 1, 2021, must include alcohol content by volume on products shipped or imported into the state, manufactured and offered for sale, or distributed or sold on or after September 1, 2023.(3) Notwithstanding paragraph (2) of this subsection, if prior to September 1, 2023, a manufacturer subject to this rule makes a change to a label or product requiring issuance of a new COLA, the manufacturer shall also revise the product's label to include its alcohol content by volume as part of the application for a new COLA.", "sourceNote": "Source Note: The provisions of this §45.41 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205982", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "D", "label": "SPECIFIC REQUIREMENTS FOR MALT BEVERAGES" }, "rule": { "number": "§45.42", "label": "Misbranding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205983", "queryAsDate": "03/11/2026" }, "ruleBody": "Malt beverages in containers shall be deemed to be misbranded if the container has blown, branded, or burned therein the name or other distinguishing mark of any person engaged in business as a brewer, wholesaler, distributor, bottler, or importer of malt beverages, or of any other person, except the person whose name is required to appear on the brand label.", "sourceNote": "Source Note: The provisions of this §45.42 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205983", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "D", "label": "SPECIFIC REQUIREMENTS FOR MALT BEVERAGES" }, "rule": { "number": "§45.43", "label": "Verification Regarding Use of Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226964", "queryAsDate": "03/11/2026" }, "ruleBody": "On or before September 1 of each year, each holder of a license issued under Alcoholic Beverage Code Chapter 62 or 63 shall verify to the commission, on a form promulgated by the commission, that no brewing or manufacturing facility owned or controlled by the license holder is used to produce malt beverages primarily for a specific Texas retailer or the retailer's Texas affiliates.", "sourceNote": "Source Note: The provisions of this §45.43 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226964", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "D", "label": "SPECIFIC REQUIREMENTS FOR MALT BEVERAGES" }, "rule": { "number": "§45.44", "label": "Requirements Relating to Nonresident Brewer's Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224686", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Alcoholic Beverage Code §§63.01(b) and 63.06.(b) A person may not import, or cause to be imported, malt beverages into this state unless the person has first obtained a nonresident brewer's license issued by the commission. This subsection does not apply to malt beverages that are: (1) imported by a person in accordance with Alcoholic Beverage Code §§107.07 or 107.11;(2) part of an interstate shipment in which the ultimate receiver of the malt beverages is located outside this state; or(3) consigned and transported to an installation of the national military establishment under federal jurisdiction for consumption by military personnel on that installation.(c) The holder of a nonresident brewer's license may not import, or cause to be imported, malt beverages into this state unless the holder has first registered the malt beverages with the commission in accordance with Alcoholic Beverage Code §101.67.(d) The holder of a nonresident brewer's license is not required to hold a separate license for each of the license holder's locations outside of this state.(e) The holder of a nonresident brewer's license shall maintain a list of all the license holder's locations from which the license holder transports, or causes to be transported, malt beverages into this state. The list shall be made available to the commission upon request.", "sourceNote": "Source Note: The provisions of this §45.44 adopted to be\r\neffective December 8, 2025, 50 TexReg 7920." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224686", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "E", "label": "SPECIFIC REQUIREMENTS FOR WINE" }, "rule": { "number": "§45.50", "label": "Certificate of Registration for Wine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205984", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by §45.4(b) of this title, no wine may be shipped into the state or sold within the state without a certificate of product registration issued by the commission. (b) An applicant for a certificate under this section must hold a winery permit or a nonresident seller's permit issued by the commission. (c) The application to register a wine product must contain the following:(1) If the product is eligible for a COLA: (A) a legible copy of the product's COLA;(B) all information required to complete the application; and(C) an application fee of $25.(2) If the product is not eligible for a COLA:(A) a legible exact color copy of the label;(B) the TTB formulation, if required by the TTB; (C) all information required to complete the application form; and (D) an application fee of $25.(d) Wines with an alcohol content of at least 0.5% but less than 7% are ineligible for a COLA and must adhere to the labeling requirements contained in 21 C.F.R. Part 101; 27 C.F.R. Parts 16, 24, and 27; 21 U.S.C. §§341-350; 26 U.S.C. Ch. 51; and 27 U.S.C. §215.", "sourceNote": "Source Note: The provisions of this §45.50 adopted to be\r\neffective December 31, 2020, 45 TexReg 7425; amended to be effective\r\nSeptember 1, 2021, 46 TexReg 5182; amended to be effective April 14,\r\n2025, 50 TexReg 2381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205984", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "E", "label": "SPECIFIC REQUIREMENTS FOR WINE" }, "rule": { "number": "§45.51", "label": "Additional Provisions for Examination of Wine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207772", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is unlawful for any producer or bottler of wine to accept as a return or to purchase or to use any container permanently branded or imprinted with the name of another producer or bottler of any alcoholic beverage.(b) The alcoholic content requirements set forth in this chapter do not apply to sacramental or altar wines where ecclesiastical regulations limit the alcoholic content to not more than 18% by volume. Such wines must be labeled \"Sacramental\" or \"Altar\" wines.(c) It is unlawful for any permittee to bring into this state, store, sell, or possess for the purpose of sale, any bottles of wine that are not protected from tampering or contamination by being sealed with seals of a type that must be irreparably mutilated or destroyed before the bottle can be opened. Such seals may not be made of paper.", "sourceNote": "Source Note: The provisions of this §45.51 adopted to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207772", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.101", "label": "Rebates and Coupons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207773", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No license or permit holder may give or offer to give to any person any inducement with the purchase of alcoholic beverages.(b) No license or permit holder may give any rebate or coupon redeemable by the public for the purchase of or for a discount on the purchase of any alcoholic beverage.(c) No license or permit holder may offer or give away with or without the purchase of any alcoholic beverage, a coupon redeemable for a rebate, cents-off or for any free non-alcoholic beverage item or product that it does not sell. A license or permit holder may, however, offer a discount, rebate, or cents-off coupon on any non-alcohol product, except non-alcohol malt beverages and wines, that it sells if it does not require the purchase of any alcoholic beverage.(d) None of the above prohibits any retailer from offering a complimentary drink or drink discount as part of a meal package, a hotel package or any airline frequent flier program or in conjunction with any airline ticket purchase, provided, however, that no discount or complimentary beverage shall be brand identified or redeemed by a member of the manufacturing or wholesale tier.", "sourceNote": "Source Note: The provisions of this §45.101 adopted to be effective January 1, 1976; amended to be effective August 1, 1994, 19 TexReg 5629; amended to be effective September 28, 1994, 19 TexReg 7270; amended to be effective October 26, 1995, 20 TexReg 8452; amended to be effective February 14, 2022, 47 TexReg 647." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207773", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.102", "label": "Loyalty Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203904", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is authorized by and implements Alcoholic Beverage Code §§1.03, 5.31, 102.07, 102.15 and 108.04. This section applies only to members of the retail and manufacturing tiers who are authorized to sell directly to consumers.(b) For purposes of this section, a loyalty program is defined as a marketing program that offers certain incentives to encourage customer retention. It does not include the use of coupons.(c) The holder of a manufacturer or wholesale tier license or permit may not directly or indirectly reimburse a retailer for a loyalty program.(d) Retailers and holders of a manufacturing tier licenses or permits who are authorized to sell directly to consumers may offer a loyalty program subject to the conditions in this subsection.(1) A manufacturer authorized to sell directly to consumers may only award loyalty program purchase points, benefits or incentives to the consumer in conjunction with transactions directly between the manufacturer and consumer. Any purchases of the manufacturer's products through a retailer shall not be credited to the loyalty program.(2) The loyalty program may give consumers discounts on the purchase of alcoholic beverages and on non-alcoholic beverage products or items sold directly to the consumer by the manufacturer or retailer.(3) The loyalty program may have a point accrual and redemption component in addition to discounts. Accrued points may be redeemed on alcoholic beverages and on non-alcoholic beverage products or items sold directly to the consumer by the manufacturer or retailer.(4) If the license or permit holder is authorized to sell alcoholic beverages for on-premises consumption, the license or permit holder may not give or offer to give the consumer any alcoholic beverage in a manner that conflicts with §45.103 of this chapter (relating to On-Premises Promotions).", "sourceNote": "Source Note: The provisions of this §45.102 adopted to be effective February 14, 2022, 47 TexReg 647." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203904", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.103", "label": "On-Premises Promotions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224687", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule is adopted to prohibit those practices by on-premise establishments that are reasonably calculated to result in excessive consumption of alcoholic beverages by consumers. Such practices constitute a manner of operation contrary to the public welfare, health and safety of the people in violation of §§11.61(b)(7) and 61.71(a)(17) of the Alcoholic Beverage Code. Nothing in this section shall be construed to relieve a person serving alcoholic beverages from responsibility under the Alcoholic Beverage Code and commission rules to refrain from serving alcoholic beverages to an intoxicated or underage consumer.(b) Excessive consumption of alcoholic beverages shall be determined by the standard of public intoxication articulated in §49.02 of the Penal Code.(c) Licensees and permittees authorized to sell or serve alcoholic beverages for on-premises consumption may not:(1) serve, sell, or offer to serve or sell, two or more open containers of alcoholic beverages at a price less than the number of containers actually sold or served;(2) increase the volume of alcohol contained in a drink without increasing proportionally the price thereof;(3) serve or offer to serve more than one free alcoholic beverage to any identifiable segment of the population during the course of one business day. Licensees and permittees may, however, without prior advertising, give one free alcoholic beverage to individual consumers in celebration of birthdays, anniversaries or similar events;(4) sell, serve, or offer to sell or serve an undetermined quantity of alcoholic beverages for a fixed price or \"all you can drink\" basis;(5) sell, serve, or offer to sell or serve, alcoholic beverages at a reduced price to those consumers paying a fixed \"buy in\" price;(6) sell, serve, or offer to sell or serve, alcoholic beverages at a price contingent on the amount of alcoholic beverages consumed by an individual;(7) reduce drink prices after 11:00 p.m.;(8) sell, serve or offer to sell or serve more than two drinks to a single consumer at one time;(9) impose an entry fee, cover or door charge for the purpose of recovering financial losses incurred by the licensee or permittee because of reduced or low drink prices;(10) conduct, sponsor or participate in, or allow any person on the licensed premises to conduct, sponsor or participate in, any game or contest to be determined by the quantity of alcoholic beverages consumed by an individual or group, or where alcoholic beverages or reduced price alcoholic beverages are awarded as prizes;(11) engage in any practice, whether listed in this rule or not, that is reasonably calculated to induce consumers to drink alcoholic beverages to excess, or that would impair the ability of the licensee or permittee to monitor or control the consumption of alcoholic beverages by consumers.(d) The provisions of subsections (c)(1) through (c)(8) of this section do not apply where:(1) the permittee or licensee has entered into an agreement under the terms of which all or a portion of the licensed premises are utilized for a private party or a meeting of a particular organization;(2) the event is a private party, charity event held on a hotel premises, or temporary charitable event authorized by Alcoholic Beverage Code §109.58; or(3) the licensed premises is a Public Entertainment Facility, as defined by Alcoholic Beverage Code §108.73 and the person to whom the alcoholic beverages are served holds a ticket or other pass that includes alcoholic beverages in the price of the ticket or pass.(e) Notwithstanding the provisions of (c)(1) through (c)(7) of this section, licensees and permittees may:(1) offer free or reduced-price food or entertainment at any time, provided the offer is not based on the purchase of an alcoholic beverage;(2) include alcoholic beverages as part of a meal or hotel/motel package;(3) sell, serve or deliver wine by the bottle to individual consumers during the sale or service of a meal to the consumer; or(4) sell, serve or deliver alcoholic beverages in pitchers, carafes, buckets or similar containers to two or more consumers at one time.", "sourceNote": "Source Note: The provisions of this §45.103 adopted to be effective November 16, 2000, 25 TexReg 11279; amended to be effective June 18, 2015, 40 TexReg 3645; amended to be effective February 17, 2021, 46 TexReg 1054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224687", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.105", "label": "Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205986", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Retailer Establishments. (1) This subsection relates to Alcoholic Beverage Code §§108.07, 108.51, and 108.52. (2) Retail-tier licensees and permittees may, in accordance with this section, erect and maintain on the retailer's premises:(A) outdoor advertising, as defined in Alcoholic Beverage Code §108.51(1);(B) billboards, as defined in Alcoholic Beverage Code §108.51(2); and(C) electric signs, as defined in Alcoholic Beverage Code §108.51(3).(3) Except as provided in paragraph (4) of this subsection, retail-tier license and permit holders may not advertise any price for an alcoholic beverage on any sign, billboard, marquee, or other display located on the retailer's premises in such a manner that the price may be read by persons outside of the premises. (4) It is an exception to the restriction in paragraph (3) of this subsection if: (A) the holder of a food and beverage certificate places a menu on the exterior wall of the premises so that it can be read outside of the premises only by a pedestrian close to the menu. To qualify for the exception granted in this paragraph, the menu visible outside of the premises must be of the same size and in the same sized font as the menu presented to the establishment's customers, and must show both food and beverage prices; or (B) the holder of a wine and malt beverage retailer's permit, brewpub license, retail dealer's on-premise license, or a license or permit authorizing sales of alcoholic beverages for pickup under Alcoholic Beverage Code §§28.1001 or 32.155 places a menu in a drive-through lane so that it can be read outside of the premises only by a person in a vehicle in the drive-through lane. (5) Licensees and permittees in the manufacturing and wholesaling tiers may not, directly or indirectly, pay a retailer for any outdoor advertising, billboards, or electric signs displayed on the retailer's premises.(6) Licensees and permittees in the manufacturing and wholesaling tiers may furnish, give, or sell interior signs to retailers in accordance with §§45.113(d) and 45.117(d) of this title. Retailers may use the interior signs for outdoor advertising purposes only on the exterior walls or enclosure of the building where the license or permit is issued and inside the building. (b) Private Clubs.(1) This subsection relates to Alcoholic Beverage Code §§32.01(b), 108.51, 108.52 and 108.56.(2) The holder of a private club registration permit or a private club exemption certificate must, in any advertising either directly or indirectly advertising the service of alcoholic beverages, whether or not by any specific brand name, state that the service of alcoholic beverages is only for persons who are members of the club.(3) The holder of a private club registration permit or a private club exemption certificate may advertise any class of alcoholic beverages in an area where the sale of that class of alcoholic beverages is legal for on-premises consumption, provided no other provisions of the Alcoholic Beverage Code are violated.(c) Mobile Advertising.(1) This subsection relates to Alcoholic Beverage Code §§108.51, 108.52 and 108.54.(2) Mobile advertising on vehicles is not permitted unless it meets the definition of an \"electric sign\" in Alcoholic Beverage Code §108.51(3).(3) Mobile advertising that meets the definition of an \"electric sign\" in Alcoholic Beverage Code §105.51(3) and that is funded directly or indirectly by upper-tier members may not be parked within 200 feet of a retail location for more than one hour, in order to prevent benefit to the retailer by drawing consumer traffic to the location.(4) Mobile advertising that meets the definition of an \"electric sign\" in Alcoholic Beverage Code §108.51(3) may not be parked, maintained in, or driven through an area or zone where the sale of alcoholic beverages is prohibited.(d) Internet Advertising.(1) This subsection relates to Alcoholic Beverage Code §§102.07, 102.15 and 108.07.(2) Retailers may advertise on the internet via their website or through third party advertising, unless the advertising is funded directly or indirectly by an upper-tier member.(3) All retailer advertising on the internet must conform with the on-premises promotion restrictions of §45.103 of this subchapter (relating to On-Premises Promotions), coupon and inducement restrictions of §45.101 of this subchapter (relating to Rebates and Coupons), and sweepstakes and giveaway restrictions of §45.106 of this subchapter (relating to Sweepstakes and Games of Chance).", "sourceNote": "Source Note: The provisions of this §45.105 adopted\r\nto be effective November 18, 2010, 35 TexReg 10046; amended to be\r\neffective October 24, 2013, 38 TexReg 7304; amended to be effective\r\nDecember 16, 2019, 44 TexReg 7683; amended to be effective February\r\n14, 2022, 47 TexReg 647; amended to be effective April 14, 2025, 50\r\nTexReg 2381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205986", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.106", "label": "Sweepstakes and Games of Chance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207775", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule relates to §§102.07 and 108.061 of the Alcoholic Beverage Code.(b) For purposes of the above referenced provisions of the Alcoholic Beverage Code, sweepstakes shall include prizes that are awarded to consumers on the basis of random chance or on the basis of some knowledge or skill demonstrated by the sweepstakes participant, as determined by a judge or judges selected by the sponsor for that purpose. If a prize is a private event or other prize awarded in accordance with Alcoholic Beverage Code §108.061(d) then subsections (k) - (q) of this section apply.(c) Except as otherwise provided in this subsection, members of the manufacturer and wholesaler tier may offer a prize to a consumer if the offer is part of a promotional sweepstakes activity. Holders of a distributor's license may not offer a prize to a consumer if the offer is part of a promotional sweepstakes activity. Pursuant to Alcoholic Beverage Code §108.061(d), only brewers or nonresident brewers may offer a prize, including food, beverages, entertainment, recreation, gifts or attendance at a private event at a permitted or licensed retailer's premises.(d) A promotional permit holder contracted by a member of the manufacturing tier may sponsor a sweepstakes on behalf of the manufacturing tier member.(e) A person affiliated with the alcoholic beverage industry may not receive a prize from a sweepstakes promotion.(f) A person must be 21 years of age or older to enter a sweepstakes promotion.(g) Entry codes or entry forms on or in the caps, corks, labels, case cartons, or other materials packaged with, within, or printed on any packages of alcoholic beverages may be used as an entry mechanism provided:(1) such mechanisms do not grant a consumer's right to claim winnings; and(2) there is at the point of sale or on product packaging conspicuously displayed alternate means of entry available to the consumers.(h) All sweepstakes entries are prohibited from requiring a purchase of an alcoholic beverage or the validation of any kind which requires a purchase of any alcoholic beverages.(i) Except as specifically authorized by this section, and Alcoholic Beverage Code, §102.07 and §108.061, it shall be unlawful for any person to sell or distribute any alcoholic beverage in a container bearing any label, crown, or covering upon which there is printed or marked any word, letter, figure, symbol or character representative of or suggesting any game of chance, or to use or display any advertising so printed or marked.(j) Except as authorized by Alcoholic Beverage Code §108.061(d) - (f), any sweepstakes promotion that includes prizes that are to be awarded on the basis of some knowledge or skill demonstrated by the sweepstakes participant may not be held or conducted on the licensed premises of a retailer or private club. Sweepstakes sponsors may, with the retailer's permission, place sweepstakes entry forms on retail premises.(k) Except as authorized by Alcoholic Beverage Code §108.061(d) - (f), alcohol may not be awarded as a prize.(l) Except as authorized by Alcoholic Beverage Code §108.061(d) - (f), a sweepstakes sponsored by a member of an upper tier may not be retailer specific and prizes may not be awarded at a retailer's premises.(m) A brewer or nonresident brewer may conduct a private event at a retailer's premises or award other prizes at a retailer's premises only in accordance with the requirements of this section and Alcoholic Beverage Code §108.061(d) - (f).(n) A prize awarded pursuant to Alcoholic Beverage Code §108.061(d) - (f) may include food, beverages, entertainment, recreation, gifts, or attendance at a private event for the winners of the sweepstakes and other guests of the sponsor of the event.(o) The name or location of the premises where a private event described by subsection (n) of this section is held or prizes are awarded may not be mentioned in any advertising related to the sweepstakes.(p) A sweepstakes authorized by Alcoholic Beverage Code §108.061(d) - (f) may be conducted at a permitted or licensed premises and the prize may be awarded to the winners at the permitted or licensed premises at which the sweepstakes is conducted.(q) If a licensee or permittee conducts a private event authorized by Alcoholic Beverage Code §108.061(d) - (f) at a retailer's premises:(1) the licensee or permittee shall pay the retailer the fair market value for the use of the premises;(2) the retailer must retain control of the sale and service of alcoholic beverages at the private event;(3) product served at the private event must be served by the retailer; and(4) the upper-tier sponsor authorized in subsection (m) of this section may purchase product for attendees from the retailer.", "sourceNote": "Source Note: The provisions of this §45.106 adopted to be effective September 28, 1994, 19 TexReg 7271; amended to be effective August 21, 2000, 25 TexReg 8027; amended to be effective February 23, 2006, 31 TexReg 1020; amended to be effective June 13, 2017, 42 TexReg 3002; amended to be effective February 12, 2018, 43 TexReg 758; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207775", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.107", "label": "Alcoholic Beverages Used for Cooking On Premises" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207776", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Wine and Malt Beverage On-Premises Retailers.(1) This subsection is promulgated pursuant to Alcoholic Beverage Code §25.09.(2) Any alcoholic beverage that is in excess of 17 percent alcohol by volume and is used by wine and malt beverage on-premises retailers for cooking purposes must be individually labeled as \"For Cooking Use Only.\"(3) All alcoholic beverages in excess of 17 percent alcohol by volume used by wine and malt beverage on-premises retailers for cooking purposes must be stored separately from alcoholic beverages that are legal for sale on the premises by such retailers.(4) No alcoholic beverage in excess of 17 percent alcohol by volume that is designated by wine and malt beverage on-premises retailers for cooking purposes may be sold, served, or consumed in liquid form by staff or customers of the retailer.(5) All receipts for the purchase by wine and malt beverage on-premises retailers of alcoholic beverages in excess of 17 percent alcohol by volume must be retained on the premises until the bottle is empty and disposed of.(b) Mixed Beverage Permittees.(1) This subsection is promulgated pursuant to Alcoholic Beverage Code §28.06.(2) Alcoholic beverages used for cooking purposes may be purchased by a mixed beverage permittee from a local distributor's permittee or may be purchased at retail from a licensed retailer. All receipts for the purchase of alcoholic beverages used for cooking purposes and purchased by a mixed beverage permittee at retail without a tax stamp must be retained on the premises until the bottle is empty and disposed of.(3) An alcoholic beverage used for cooking purposes and purchased by a mixed beverage permittee at retail without a tax stamp must be individually labeled as \"For Cooking Use Only.\"(4) All alcoholic beverages used for cooking purposes and purchased by a mixed beverage permittee at retail without a tax stamp must be stored separately from alcoholic beverages purchased from a local distributor's permittee.(5) No alcoholic beverage used for cooking purposes and purchased by a mixed beverage permittee at retail without a tax stamp may be sold, served or consumed in liquid form by staff or customers of the permittee.", "sourceNote": "Source Note: The provisions of this §45.107 adopted to be effective November 18, 2010, 35 TexReg 10046; amended to be effective April 18, 2017, 42 TexReg 2004; amended to be effective February 14, 2022, 47 TexReg 647." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207776", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.109", "label": "Restocking and Rotation of Alcoholic Beverages" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207777", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General.(1) This rule is enacted pursuant to §102.20 and Chapter 105 of the Alcoholic Beverage Code.(2) This rule applies to members of the wholesale tier and those members of the manufacturing tier authorized to sell to retailers for all beverages.(b) Restocking. Licensees and permittees subject to this rule may, at retail premises, with permission of the retailer, stock, rotate, affix prices, and reset or rearrange alcoholic beverages they sell, provided products of other industry members are not altered or disturbed,(c) At retail premises, with permission of the retailer, licensees and permittees subject to this rule may:(1) organize and construct displays accessible by the consumer of alcoholic beverages they sell;(2) move products of other industry members that are arranged in displays accessible to the consumer (e.g., floor or end cap displays) in order to perform the services allowed by this subsection. Movement of products under this subsection is not considered restocking under subsection (b) of this section; and(3) provide retailers with temporary display enhancement items such as televisions and grills, which may be used only for product promotion. Temporary display enhancement items must be returned to the manufacturer or wholesale tier member that provided it as soon as practicable after the display is dismantled.(d) The activities permitted by subsections (b) and (c) of this section may only be performed during the hours when the sale or delivery of specific alcoholic beverages are legal and may also be performed for malt beverages and wine from 5:00 a.m. to 12:00 noon on Sunday.(e) Licensees and permittees subject to this rule may provide shelf plans or schematics to retailers.(f) The activities permitted by subsections (b) and (c) of this section must be proportional to the retailer's business volume and demand.(g) Except for time spent in the standard delivery process and additional service time prescribed by the distributor under subsection (h) of this section, restocking and other merchandising services performed by a distributor that exceed 40 hours per week per retail premises shall constitute an impermissible service or thing of value under Chapter 102 of the Alcoholic Beverage Code. Delivery, pre-sale, and product-ordering activities are not considered merchandising for purposes of this subsection.(h) In special circumstances such as major holidays, new product rollouts, and major events, only the distributor may determine whether and how much additional service time beyond 40 hours per premises per week is reasonably necessary for activities permitted by subsections (b) and (c) of this section.", "sourceNote": "Source Note: The provisions of this §45.109 adopted to be effective January 2, 1998, 22 TexReg 12748; amended to be effective September 17, 1998, 23 TexReg 9339; amended to be effective February 14, 2022, 47 TexReg 647." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207777", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.110", "label": "Inducements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207778", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. This section is enacted pursuant to Alcoholic Beverage Code §§102.04, 102.07, 102.12, 102.15 and 108.06.(b) Unless otherwise specified, this section applies to members of the manufacturing and wholesale tiers for all alcoholic beverages.(c) Inducements. Notwithstanding any other provision of these rules, practices and patterns of conduct that place retailer independence at risk constitute an illegal inducement as that term is used in the Alcoholic Beverage Code. Examples of unlawful inducements are:(1) purchasing or renting shelf, floor or warehouse space from or for a retailer;(2) requiring a retailer to purchase one product in order to be allowed to purchase another product at the same time;(3) providing or purchasing, in whole or in part, any type of advertising benefitting any specific retailer, if the advertising is a result of unauthorized activity;(4) furnishing food and beverages, entertainment or recreation to retailers or their agents or employees except under the following conditions:(A) the value of food, beverages, entertainment and recreation shall not exceed $1,000.00 per person on any one occasion; and(B) food, beverages, entertainment and recreation provided may only be consumed or enjoyed in the immediate presence of both the providing upper tier member and the receiving retail tier member; and(C) in the course of providing food, beverages, entertainment or recreation under this rule, upper tier members may furnish transportation; and(D) food, beverages, recreation and entertainment may also be provided during attendance at a convention, conference, or similar event so long as the primary purpose for the attendance of the retailer at such event is not to receive benefits under this section; and(E) each upper tier member shall keep complete and accurate records of all expenses incurred for retailer entertainment for two years.(5) furnishing of service trailers with equipment to a retailer;(6) furnishing transportation or other things of value to organized groups of retailers. Members of the manufacturing and wholesale tiers may advertise in convention programs, sponsor functions or meetings and other participate in meetings and conventions of trade associations of general membership; and(7) except as otherwise allowed under §45.41 of this chapter (relating to Additional Reasons for Denial of Registration of a Malt Beverage Product), marking, branding or labeling a malt beverage with:(A) the tradename or trademark of any retailer permittee or licensee or any private club registration permittee; or(B) a tradename or trademark that is owned, licensed, or exclusively used by any retailer permittee or licensee or any private club registration permittee.(d) Criteria for determining retailer independence. The following criteria shall be used as a guideline in determining whether a practice or pattern of conduct places retailer independence at risk. The following criteria are not exclusive, nor does a practice need to meet all criteria in order to constitute an inducement.(1) The practice restricts or hampers the free economic choice of a retailer to decide which products to purchase or the quantity in which to purchase them for sale to consumers.(2) The retailer is obligated to participate in a program offered by a member of the manufacturing or wholesale tier in order to obtain that member's product.(3) The retailer has a continuing obligation to purchase or otherwise promote the industry member's product.(4) The retailer has a commitment not to terminate its relationship with a member of the manufacturing or wholesale tier with respect to purchase of that member's products.(5) The practice involves a member of the manufacturing or wholesale tier in the day-to-day operations of the retailer. For example, the member controls the retailer's decisions on which brand of product to purchase, the pricing of products, or the manner in which the products will be displayed on the retailer's premises.(6) The practice is discriminatory in that it is not offered to all retailers in the local market on the same terms without business reasons present to justify the difference in treatment.", "sourceNote": "Source Note: The provisions of this §45.110 adopted to be effective January 2, 1998, 22 TexReg 12750; amended to be effective December 20, 1998, 23 TexReg 12661; amended to be effective August 12, 2014, 39 TexReg 6043; amended to be effective February 14, 2022, 47 TexReg 647." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207778", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.111", "label": "Advertising Signs at Charitable or Civic Events" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207779", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule is enacted pursuant to §108.53(d) of the Alcoholic Beverage Code.(b) At a charitable or civic event of a temporary nature, members of the alcoholic beverage industry may place signs or other advertising materials indicating their participation in, or sponsorship of, the charitable or civic event.(c) It is the intent of this rule that any proceeds from signs advertising alcoholic beverages be received by the charity or civic endeavor.(d) No consideration of any kind may be given directly or indirectly, in any form or degree, to any retailer for the placement of any sign.", "sourceNote": "Source Note: The provisions of this §45.111 adopted to be effective September 17, 1998, 23 TexReg 9340; amended to be effective February 14, 2022, 47 TexReg 647." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207779", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.112", "label": "Use of Brand Names and Insignia" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205987", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is promulgated pursuant to Alcoholic Beverage Code §§102.07 and 108.03.(b) Advertising of an alcoholic beverage on caps, regalia, or uniforms worn by an employee of a license or permit holder in the manufacturing or distribution tier is limited to:(1) the name and address of the license or permit holder; and(2) the brand names, logos, and slogans that appear on the container labels approved by the executive director for such alcoholic beverage.(c) Advertising of an alcoholic beverage on caps, regalia, or uniforms worn by a participant in any game, sport, athletic contest or revue, when the participant is sponsored by a brewer, distributor, distiller, or winery, is limited to:(1) the name and address of the brewer, distributor, distiller, or winery; and(2) the brand names, logos, and slogans that appear on the container labels approved by the executive director for such alcoholic beverage.(d) Business cards and stationery bearing brand insignia may be used by licensees and permittees except retail licensees and permittees. Such business cards and stationery may contain:(1) the name and address of the user;(2) the name and address of the firm represented;(3) the brand insignia of any alcoholic beverage that the firm represents or the user is licensed to sell; and(4) any other logo, slogan, or trademark that appears on the approved label for such alcoholic beverage, or which slogan or trademark has otherwise been approved by the executive director.(e) Advertising of alcoholic beverages on the equipment or service or delivery vehicles of a member of the manufacturing or wholesale tiers is limited to the brand names or logos of the alcoholic beverages sold or represented by the manufacturer, local distributor, or wholesaler; firm names and addresses of the manufacturer, local distributor, or wholesaler; and slogans approved by the executive director.(f) Menu cards, folders, or sheets advertising malt beverages may be sold to a holder of a retail license or permit by a brewer or brewpub authorized to sell directly to retailers or by a distributor as promotional items in accordance with limitations set forth in §45.113(c) of this subchapter (relating to Gifts, Services and Sales). The holder of the retail license or permit shall bear all costs of listing any food item on the menu cards, folders, or sheets unless the food item is mentioned as part of a recommended food and drink pairing.(g) Menu cards, folders, or sheets advertising wine or distilled spirits may be furnished, as an advertising specialty, to a holder of a retail license or permit by a member of the manufacturing or wholesale tier. Printing costs of such menu cards, folders, or sheets may not exceed the applicable advertising specialty limitations set forth in §45.117 of this subchapter (relating to Gifts and Advertising Specialties). The holder of the retail license or permit shall bear all costs of listing any food item on the menu cards, folders, or sheets unless the food item is mentioned as part of a recommended food and drink pairing.", "sourceNote": "Source Note: The provisions of this §45.112 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3096; amended to be effective August 1, 1994, 19 TexReg 5630; amended to be effective August 16, 1999, 24 TexReg 6289; amended to be effective November 18, 2010, 35 TexReg 10047; amended to be effective February 14, 2022, 47 TexReg 647." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205987", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.113", "label": "Gifts, Services and Sales" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216543", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General.(1) This rule is promulgated pursuant to §108.04 of the Alcoholic Beverage Code to relax certain restrictions and prohibitions set forth in §§102.14, 102.15 and 108.06 of the code.(2) This rule applies to buyers, sellers and consumers of malt beverages.(b) Gifts to Consumers. Brewers, nonresident brewers, and distributors may furnish novelty items and malt beverages to consumers.(1) Novelty items are things designed to advertise or promote a specific product or brand. Such items may have a utilitarian function in addition to product promotion.(2) Such items may not exceed a value of $1.00 per unit wholesale cost.(3) Malt beverages may be purchased for consumers provided that such beverages are consumed at retail licensed premises in the presence of the purchaser. Such purchases shall not be excessive. All members of the manufacturing and distribution tiers participating in promotions authorized by this paragraph must be an employee or agent of a brewer, nonresident brewer, or distributor or a promotional permit holder contracting with a brewer or nonresident brewer.(4) The executive director may grant specific approval for sampling tests designed to determine consumer taste preferences. The executive director may impose such conditions as they deem necessary.(5) Brewers and distributors may, as a social courtesy, give malt beverages and other things of value to unlicensed persons who are not employed or affiliated with the holder of a retail license or permit.(c) Promotional items sold to retailers. Distributors and brewers authorized to sell to retailers may sell promotional items to retailers.(1) Promotional items are things designed to promote a specific product or brand and are further designed for use by the consumer, either on or off the retailer's premises.(2) Promotional items sold must bear a manufacturer's logo, brand or product name.(3) Promotional items may not be sold for less than the item producer's regularly published wholesale price. Payment must be in cash, paid on or before delivery.(d) Signs provided to retailers.(1) Distributors and brewers authorized to sell to retailers may furnish, give or sell interior signs to retailers.(2) A sign is a thing whose primary purpose is the advertisement of a brand or product or the price thereof.(3) A sign furnished by a distributor or brewer authorized to sell to retailers may not bear the name, logo or trademark of a specific retailer.(4) No brewer or distributor may paint, improve or remodel a retailer's buildings or parts of buildings, inside or out, or finance any improvements thereto.(e) Services provided to retailers.(1) Distributors and brewers authorized to sell to retailers may service and repair promotional items and signs furnished or sold under the provisions of this rule.(2) Distributors and brewers may:(A) furnish meeting rooms to retailers on the brewer's or distributor's licensed premises. In no event shall anything be furnished to retailers except samples of the brewer's or distributor's product or food provided as a courtesy in accompaniment to such samples; and(B) furnish and install shanks, washers, hose and hose connections, tap rods, tap markers, and coil cleaning service necessary for the proper delivery and dispensing of draft malt beverages.(f) Gifts to unlicensed organizations. Brewers, nonresident brewers, and distributors may donate money or other things of value, and brewers and distributors may donate malt beverages, to unlicensed civic, religious or charitable organizations, subject to the following conditions:(1) Malt beverages may only be given for consumption in a wet area.(2) Advertising of events sponsored by organizations receiving donations shall include promotion of the organization sponsor or cause in a manner at least equal to or greater than the advertising of the industry donor.(3) Distributors and authorized brewers may furnish malt beverage dispensing equipment for use at temporary events, provided that such equipment may not be given in exchange for an exclusive sales privilege.(4) Brewers, distributors and their employees and agents may not serve or dispense malt beverages at temporary events.(5) \"Unlicensed\" means not having a permit or license authorizing the sale or service of alcoholic beverages.", "sourceNote": "Source Note: The provisions of this §45.113 adopted to be effective January 2, 1998, 22 TexReg 12752; amended to be effective November 12, 1998, 23 TexReg 11342; amended to be effective November 15, 2012, 37 TexReg 8974; amended to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216543", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.117", "label": "Gifts and Advertising Specialties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207780", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General.(1) This section is enacted pursuant to Alcoholic Beverage Code §§102.07(b), 102.07(d), 108.042 and 109.58.(2) This section applies to buyers, sellers, and consumers of liquor.(b) Gifts to consumers. Holders of distiller's and rectifier's, winery, nonresident seller's, and wholesaler's permits may furnish gifts to consumers.(1) The gifts shall be offered consistently with the restrictions contained in Alcoholic Beverage Code §102.07(d).(2) The items given may be novelty items of limited value. Such items shall be designed to promote a specific product or brand and may have a utilitarian function in addition to product promotion.(3) Liquor may be purchased for consumers provided that such beverages are consumed on retail licensed premises in the presence of the purchaser. Such purchases shall not be excessive. All members of the manufacturing and wholesaler tiers participating in promotions authorized by this paragraph must be an employee or agent of a member of the manufacturing tier, a distributor, or a promotional permit holder.(4) Holders of distiller's and rectifier's, winery, nonresident seller's, and wholesaler's permits may, as a social courtesy, provide liquor or other things of value to unlicensed persons who are not employed or affiliated with the holder of a retail license or permit.(c) Gifts to Retailers. Holders of distiller's and rectifier's, winery, nonresident seller's and wholesaler's permits may furnish advertising specialties to retailers.(1) Advertising specialties are things designed to advertise or promote a specific product or brand. Such items may have a utilitarian function in addition to product promotion.(2) The total cost of all advertising specialties furnished to a retailer shall not exceed the amount set by order of the executive director in accordance with Alcoholic Beverage Code §102.07(b) per brand per calendar year. The executive director's order shall be published in the Texas Register and on the commission's website. Dollar limitations may not be pooled to provide a retailer with advertising specialties in excess of the maximum permitted under this subsection.(d) Signs provided to retailers.(1) Wholesalers may furnish, give or sell interior signs to retailers.(2) A sign is a thing whose primary purpose is the advertisement of a brand or product or the price thereof.(3) A sign furnished by a wholesaler may not bear the name, logo or trademark of a specific retailer.(4) No wholesaler may paint, improve, or remodel a retailer's buildings or parts of buildings, inside or out, or finance any improvements thereto.(e) Service provided to retailer.(1) Holders of distiller's and rectifier's, winery, nonresident seller's and wholesaler's permits may service and repair items furnished to retailers under the provisions of this rule.(2) Holders of distiller's and rectifier's, winery, nonresident seller's and wholesaler's permits may furnish meeting rooms to retailers for purposes of product promotions. In no event shall anything be furnished to retailers except samples of the permit holder's product or food provided as a courtesy in accompaniment to such samples.(3) The holder of a wholesaler's permit, or the permit holder's employee or agent, may furnish and install shanks, washers, hose and hose connections, tap rods, tap markers, and coil cleaning service necessary for the proper delivery and dispensing of wine.(f) Gifts to Unlicensed Organizations. Holders of distiller's and rectifier's, winery, nonresident seller's and wholesaler's permits may donate money, liquor or other things of value to unlicensed civic, religious, or charitable organizations.(1) Liquor may only be given for consumption in wet areas.(2) Advertising of events sponsored by organizations receiving donations shall include promotion of the organization sponsor or cause in a manner at least equal to or greater than the advertising of the industry donor.(3) \"Unlicensed\" means not having a permit or license authorizing the sale or service of alcoholic beverages.", "sourceNote": "Source Note: The provisions of this §45.117 adopted to be effective January 2, 1998, 22 TexReg 12755; amended to be effective September 17, 1998, 23 TexReg 9340; amended to be effective January 2, 2000, 24 TexReg 11745; amended to be effective October 24, 2004, 29 TexReg 9674; amended to be effective August 21, 2011, 36 TexReg 5212; amended to be effective September 1, 2021, 46 TexReg 5182; amended to be effective October 17, 2022, 47 TexReg 6873; amended to be effective February 12, 2024, 49 TexReg 659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207780", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.120", "label": "Co-Packaging of Alcoholic Beverage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205989", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section relates to Alcoholic Beverage Code §§102.07(a)(5) and 108.035.(b) As used in this section:(1) \"Co-pack\" means a package:(A) originally bundled and supplied by a distiller, brewer, rectifier, wholesaler, class B wholesaler, nonresident seller, or winery (or an agent, employee or servant of any of them);(B) containing an alcoholic beverage and another item;(C) where the package is designed to be delivered intact to the ultimate consumer; and(D) where the additional items have no value or benefit to the retailer other than that of having the potential of attracting purchases and promoting sales.(2) \"Naked bottle\" means an alcoholic beverage sold by a wholesaler that is similar in all regards to the alcoholic beverage contained in a co-pack sold by that wholesaler, except that it is not packaged with any other item.(c) If any alcoholic beverage is sold to a retailer as a \"co-pack,\" the retailer may not separate the other packaged item and sell it by any means other than the way it was originally packaged when received.(d) A retailer must price and sell a co-pack at a cost that complies with Alcoholic Beverage Code §§102.07(a)(5) and 108.035, as applicable.(e) Nothing in this section precludes a supplier from differentiating in the price of a naked bottle and co-pack during the packaging phase of a co-pack by adding cost to the co-pack and increasing the baseline price of the co-pack.(f) A retailer may not be forced, induced or persuaded to purchase a prescribed number of co-packs in order to purchase naked bottles, nor may a retailer be forced, induced or persuaded to purchase a prescribed number of naked bottles in order to purchase co-packs.", "sourceNote": "Source Note: The provisions of this §45.120 adopted to be effective August 1, 1994, 19 TexReg 5631; amended to be effective November 18, 2010, 35 TexReg 10048; amended to be effective October 24, 2013, 38 TexReg 7304; amended to be effective February 14, 2022, 47 TexReg 647." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205989", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.121", "label": "Advertising Standards Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205990", "queryAsDate": "03/11/2026" }, "ruleBody": "No person, directly or indirectly, or through an affiliate, shall publish or disseminate or cause to be published or disseminated by radio broadcast, or in any newspaper, periodical, or other publication, or by any sign or outdoor advertisement, or any other printed or graphic matter, including via the internet, any advertisement of alcoholic beverages if such advertisement is in this state, is calculated to induce sales in this state, or is disseminated by mail or e-mail in this state, unless such advertisement is in conformity with this chapter. This chapter does not apply to the publisher of any newspaper, periodical or other publication, or radio broadcaster, unless such publisher or radio broadcaster is a permittee.", "sourceNote": "Source Note: The provisions of this §45.121 adopted to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205990", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.122", "label": "Prohibited Statements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205991", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An advertisement for an alcoholic beverage shall not contain:(1) any statement that is false or untrue in any particular or that irrespective of falsity, directly or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression;(2) any statement that is disparaging of a competitor's product;(3) any statement, design, device, or representation that is obscene or indecent;(4) any statement, design, device, or representation of or relating to analyses, standards or tests, irrespective of falsity, that the administrator finds likely to mislead the consumer;(5) any statement of, or any statement likely to be interpreted as a statement regarding intoxicating qualities; nor(6) any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, that the executive director finds to be likely to mislead the consumer. Enforceable money back guarantees are not prohibited.(b) Statements inconsistent with labeling. The advertisement shall not contain any statement concerning a brand or lot of alcoholic beverage that is prohibited from appearing on the label or inconsistent with any statement on the label thereof.(c) Curative and therapeutic effects. The advertisement shall not contain any statement, design, or device representing that the use of any alcoholic beverage has curative or therapeutic effect, if such statement is untrue in any particular, or tends to create a misleading impression.(d) Place of origin. The advertisement shall not represent that the alcoholic beverage was manufactured in or imported from a place or country other than that of their actual origin, or was produced or processed by one who was not in fact the actual producer or processor.(e) Confusion of brands. Two or more different brands or lots of alcoholic beverages shall not be advertised in one advertisement (or in two or more advertisements in one issue of a periodical or newspaper, or in one piece of other written, printed, or graphic matter) if the advertisement tends to create the impression that representations made as to one brand or lot apply to the other or others, and if as to such latter the representations contravene any provisions of this regulation or are in any respect untrue.(f) Flags, seals, coats of arms, crests, and other insignia.(1) An advertisement or product label shall not contain any statement, design, device, or pictorial representation that relates to or is capable of being construed as relating to the armed forces of the United States, or the American flag, or the Texas flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any advertisement contain any statement, design, device, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia unless an exception to this rule is granted by the executive director under subsection (2) of this section.(2) The executive director, in their sole discretion, may authorize an exception to subsection (1) of this section upon written request. The executive director shall authorize an exception if the advertisement or product label is not likely to mislead or capable of misleading the consumer to believe that the product has been endorsed, made, or used by, or produced for or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated.(g) An advertisement for an alcoholic beverage product shall not contain any statement that the product is distilled, blended, made, bottled, or sold under or in accordance with any municipal, state, federal, or foreign authorization, law or regulation, unless such statement appears in the manner authorized by this chapter. If a municipal, state or federal permit number is stated, such permit number shall not be accompanied by any additional statements relating thereto.(h) No alcoholic beverage possessed for the purpose of sale in this state shall be advertised for sale as the result of fire, smoke, or water damage to the label, container or contents.(i) Subsections (b) and (h) of this section do not apply to the institutional advertising of wines inside any building in an area where the sale of such wines is legal, provided that the advertising has been approved by the executive director.", "sourceNote": "Source Note: The provisions of this §45.122 adopted to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205991", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.123", "label": "Required Statements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205992", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Responsible advertiser.(1) An advertisement not exempt under subsection (a)(2) of this section shall state the name and address of the person responsible for its publication or broadcast. Street number and name may be omitted in the address.(2) If an advertisement refers to a general malt beverage or wine line or all of the malt beverage or wine products of one company, whether by the company name or by the brand name common to all the products in the line, the only mandatory information necessary is the name and address of the responsible advertiser. This exception does not apply where only one type of malt beverage or wine is marketed under the specific brand name advertised.(b) Class and type. The advertisement shall contain a conspicuous statement of the class to which the product belongs and the type thereof corresponding with the statement of class and type that is required to appear on the label of the product.", "sourceNote": "Source Note: The provisions of this §45.123 adopted to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205992", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.124", "label": "Lettering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205993", "queryAsDate": "03/11/2026" }, "ruleBody": "Statements required under this subchapter to appear in any written, printed, or graphic advertisement shall be in lettering or type of a size sufficient to render them conspicuous and readily legible.", "sourceNote": "Source Note: The provisions of this §45.124 adopted to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205993", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.125", "label": "Cooperative Advertising by Package Stores" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205994", "queryAsDate": "03/11/2026" }, "ruleBody": "It is unlawful for any person holding a package store permit to share the same advertisement of distilled spirits with any other person or persons holding a package store permit or permits, provided, however, that members of a partnership or corporation may share the same distilled spirits advertisement when said distilled spirits are offered for sale under the permit or permits held by the said partnership or corporation.", "sourceNote": "Source Note: The provisions of this §45.125 adopted to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205994", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.126", "label": "Additional Mandatory Statements for Distilled Spirits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205995", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Alcoholic content. The alcoholic content shall be stated by percentage by volume for distilled spirits except that it may be stated in proof of cordials and liqueurs, cocktails, highballs, and such other specialties as may be specified by the administrator.(b) Percentage of neutral spirits and name of commodity.(1) In the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, there shall be stated the percentage of neutral spirits so used and the name of the commodity from which such neutral spirits have been distilled. The statement of percentage and the name of the commodity shall be made in substantially the following form: \"_____% neutral spirits distilled from _____ (insert grain, cane products, or fruit, as appropriate)\"; or \"_____% neutral spirits (vodka) distilled from _____ (insert grain, cane products, or fruit, as appropriate)\"; or \"_____% grain (cane products), (fruit) neutral spirits\"; or \"_____% grain spirits.\"(2) In the case of neutral spirits or of gin produced by a process of continuous distillation, there shall be stated the name of the commodity from which such neutral spirits or gin has been distilled. The statement of the name of the commodity shall be made in substantially the following form: \"distilled from grain,\" or \"distilled from cane products,\" or \"distilled from fruit.\"(3) Retailers are exempt from the provisions of this subsection.(c) Price advertising. All distilled spirits advertised with prices by package store permittees shall state the brand name of the distilled spirits offered for sale.", "sourceNote": "Source Note: The provisions of this §45.126 adopted to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205995", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "F", "label": "ADVERTISING AND PROMOTION" }, "rule": { "number": "§45.127", "label": "Additional Prohibited Statements for Distilled Spirits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227451", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An advertisement for a distilled spirit shall not contain any statement, design, or device directly or by implication concerning age or maturity of any brand or lot of the product unless a statement of age appears on the label of the advertised product.(b) When any such statement, design, or device concerning age or maturity is contained in any advertisement, it shall include (in direct conjunction therewith and with substantially equal conspicuousness) all parts of the statement, if any, concerning age and percentages required by the TTB to be made on the label.(c) An advertisement for any whiskey or brandy (except immature brandies) that is not required to bear a statement of age on the label or an advertisement for any rum, tequila or mescal that has been aged for not less than four years may, however, contain an inconspicuous, general representation as to age, maturity or other similar representation even though a specific age statement does not appear on the label of the advertised product and in the advertisement itself.", "sourceNote": "Source Note: The provisions of this §45.127 adopted to be effective September 1, 2021, 46 TexReg 5182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227451", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "G", "label": "REGULATION OF CASH AND CREDIT TRANSACTIONS" }, "rule": { "number": "§45.130", "label": "Credit Law and Delinquent List" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227452", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements §§102.32, 11.61(b)(2), 11.66, and 109.64 of the Texas Alcoholic Beverage Code (Code).(b) Definitions. For purposes of this section, the following terms have the definitions given in this subsection.(1) Alcoholic beverage--As used in this section includes only liquor, as that term is defined in §1.04 of the Code.(2) Cash equivalent--A financial transaction or instrument that is not conditioned on the availability of funds upon presentment, including money order, cashier's check, certified check or completed electronic funds transfer.(3) Delinquent payment--A financial transaction or instrument that fails to provide payment in full or is returned to the Seller as unpaid for any reason, on or before the fourth business day after the date that payment is due under §102.32(c) of the Code, or is returned to the Seller as unpaid for any reason after the fourth business day after the date payment is due under §102.32(c) of the Code. A delinquent payment also occurs in the event the Retailer fails to submit payment on or before the fourth business day after the date that payment is due under §102.32(c) of the Code.(4) Event--A financial transaction or instrument that fails to provide payment to a Retailer and results in a Retailer making one or more delinquent payments to one or more Sellers.(5) Incident--A single delinquent payment. Failure to submit payment also constitutes an incident.(6) Retailer--A package store permittee, wine only package store permittee, private club permittee, private club exemption certificate permittee, mixed beverage permittee, or other Retailer, and their agents, servants and employees.(7) Seller--As used in this section includes:(A) the holder of a wholesaler's permit or a general class B wholesaler's permit(B) the holder of a winery permit;(C) the holder of a local distributor's permit when making a sale of an alcoholic beverage that is not the sale of a malt beverage to a mixed beverage permittee, private club registration permittee, private club exemption certificate permittee, or a nonprofit entity temporary event permittee; and(D) the agents, servants and employees of a permit or license holder identified in subparagraphs (A) - (C) of this paragraph. (c) Invoices.(1) A delivery of alcoholic beverages by a Seller to a Retailer must be accompanied by an invoice of sale showing the name and permit number of the Seller and the Retailer, a full description of the alcoholic beverages, the TABC identification stamps issued, the price and terms of sale, and the place and date of delivery.(2) The Seller's copy of the invoice must be signed by the Retailer to verify receipt of alcoholic beverages and accuracy of invoice.(3) The Seller and Retailer must retain invoices in compliance with the requirements of §206.01 of the Code.(4) Invoices may be created, signed and retained in an electronic or web-based inventory system, and may be retained on or off the licensed premise, as long as the records can be accessed from the licensed premises and made available to the commission during normal business hours.(d) Late Payment Violation.(1) A payment is late if it is not received by the Seller on or before the date that payment is due under §102.32(c) of the Code. If the Seller receives payment by mail within four business days from the date payment is due under §102.32(c) of the Code, the payment is not late.(2) A Retailer shall not make a late payment to a Seller for the delivery of alcoholic beverages. A payment is late and a violation accrues to the Retailer according to paragraph (1) of this subsection.(3) A Retailer who violates this section must pay the amount due, and a Seller shall accept payment, only in cash or cash equivalent financial transaction or instrument.(4) A Retailer who violates this section shall be placed on the Delinquent List unless the delinquent account is paid within four business days from the date payment is due under §102.32(c) of the Code.(5) A Retailer whose permit or license expires or is cancelled for cause, voluntarily cancelled, suspended or placed in suspension while on the Delinquent List is disqualified from applying for or being issued an original or renewal permit or license until all delinquent accounts are paid in full. For purposes of this section, the Retailer includes all persons who were owners, officers, directors and shareholders of the Retailer at the time the delinquency occurred.(e) Reporting Violation and Payment; Failure to Report.(1) A report of a violation or payment must be submitted electronically to the commission on the commission's web-based reporting system at https://www.tabc.texas.gov.(2) A Seller who cannot access the commission's web-based reporting system must either:(A) submit a request for exception to submit reports by paper; or(B) contract with another Seller or service provider to make electronic reports on behalf of the Seller(3) All reports of violations or payment under this subsection must be made to the commission before the date the Delinquent List is published.(4) A Seller who fails to report a violation or a payment as required by this subsection is in violation of this section.(f) Prohibited Sales and Delivery.(1) Sellers are prohibited from selling or delivering alcoholic beverages to any licensed location of a Retailer who appears on the commission's Delinquent List from the date the violation appears on the Delinquent List until the Release Date on the Delinquent List, or until the Retailer no longer appears on the Delinquent List.(2) A sale or delivery of alcoholic beverages prohibited by this section is a violation of this section.(g) Prohibited Purchase or Acceptance.(1) A Retailer who violates subsection (d) of this section is prohibited from purchasing or accepting delivery of alcoholic beverages from any source at any of Retailer's licensed locations from the date any violation occurs until all delinquent accounts are paid in full.(2) A prohibited purchase or acceptance of a delivery of alcoholic beverages is a violation of this section.(h) Exception.(1) A Retailer who wishes to dispute a violation of this section or inclusion on the commission's Delinquent List based on a good faith dispute between the Retailer and the Seller may submit a detailed electronic or paper written statement with the commission with an electronic or paper copy to the Seller explaining the basis of the dispute.(2) The written statement must be submitted with documents and/or other records tending to support the Retailer's dispute, which may include:(A) a copy of the front and back of the cancelled check of Retailer showing endorsement and deposit by Seller;(B) bank statements or records showing funds were available in the account of Retailer on the date the check was delivered to Seller; and(C) bank statements or records showing:(i) bank error or circumstances beyond the control of Retailer caused the check to be returned to Seller unpaid; or(ii) the check cleared Retailer's account and funds were withdrawn from Retailer's account in the amount of the check.(3) A disputed delinquent account will not be removed from the Delinquent List until documents and/or other records tending to support the Retailer's dispute are submitted to the commission and approved by the executive director or their designee.(4) The Retailer must immediately submit an electronic notice of resolution of a dispute to the commission under this subsection. (i) Penalty for Violation. An action to cancel or suspend a permit or license may be initiated under §11.61(b)(2) of the Code for one or more violations of this section. The commission may consider whether a violation is the result of an event or incident when initiating an action under this subsection.(j) Delinquent List.(1) The Delinquent List is published bi-monthly on the commission's public web site at https://www.tabc.texas.gov. An interested person may receive the Delinquent List by electronic mail each date the Delinquent List is published by registering for this service online.(2) Except as otherwise specified in subsection (k) of this section, the Delinquent List will be published on the fifth business day after the 25th day of the month for purchases made from the 1st to the 15th day of that month and for which payment was not received by the fourth business day after the 25th day of that month. Except as otherwise specified in subsection (k) of this section, the Delinquent List will be published on the fifth business day after the 10th day of the next month for purchases made between the 16th and the last day of the preceding month and for which payment was not received by the fourth business day after the 10th day of the next month.(3) The Delinquent List is effective at 12:01 A.M. on the date of publication.(4) The Delinquent List is updated hourly to reflect reports of payments submitted.(k) Calculation of Time. A due date under this section or §102.32(c) of the Code or the publication date of the Delinquent List that would otherwise fall on a Saturday, a Sunday, a state or federal holiday (unless the commission is required to be open for business), or a standard Federal Reserve bank holiday will be the next regular business day. For purposes of this section, a business day means a day which is not a Saturday, a Sunday, a state or federal holiday (unless the commission is required to be open for business), or a standard Federal Reserve bank holiday.", "sourceNote": "Source Note: The provisions of this §45.130 adopted to be\r\neffective September 1, 2021, 46 TexReg 5182; amended to be effective\r\nFebruary 9, 2026, 51 TexReg 714." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227452", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "G", "label": "REGULATION OF CASH AND CREDIT TRANSACTIONS" }, "rule": { "number": "§45.131", "label": "Cash Law" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226965", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This rule implements §102.31 of the Texas Alcoholic Beverage Code (Code).(b) Definitions. For purposes of this section, the following terms have the meaning given in this subsection.(1) Cash equivalent--A financial transaction or instrument that is not conditioned on the availability of funds upon presentment, including money order, cashier's check, certified check or completed electronic funds transfer.(2) Cash payment--United States currency and coins, or a cash equivalent financial transaction or instrument.(3) Event--A financial transaction or instrument that fails to provide payment to a Retailer and results in one or more incidents to one or more Sellers.(4) Incident--One financial transaction or instrument made by a Retailer that fails to provide payment in full for malt beverages delivered by a Seller to the Retailer. Failure to submit payment also constitutes an incident.(5) Malt beverages--a fermented beverage of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, in whole or in part, or from any malt substitute.(6) Retailer--A license or permit holder and their agents, servants and employees, authorized to sell malt beverages for on- or off-premise consumption to an ultimate consumer.(7) Seller--As used in this section means:(A) the holder of a local distributor's permit when selling malt beverages to a mixed beverage permittee, private club registration permittee, private club exemption certificate permittee, or nonprofit entity temporary event permittee, or an agent, servant, or employee of a local distributor's permit holder when selling malt beverages to such permittees;(B) the holder of a brewpub license when selling malt beverages to Retailers;(C) the holder of a general or branch distributor's license;(D) the holder of a brewer's self- distribution license under Chapter 62A of the Code; and(E) the agents, servants, and employees of a license or permit holder identified in subparagraphs (A)-(D) of this paragraph when selling malt beverages to a Retailer.(c) Invoices. A delivery of malt beverages by a Seller, to a Retailer, must be accompanied by an invoice of sale showing the name and permit number of the Seller and the Retailer, a full description of the malt beverages, the price, and the place and date of delivery.(1) The Seller's copy of the invoice must be signed by the Retailer to verify receipt of the malt beverages and accuracy of the invoice, and by the Seller to acknowledge that payment was received on or before the delivery.(2) The Seller and Retailer must retain invoices for four years from the date of delivery.(3) Invoices may be created, signed and retained in an electronic or web-based inventory system, and may be retained on or off the licensed premise, as long as the records can be accessed from the licensed premise and made available to the commission during normal business hours.(d) Cash Payment Violation. A Retailer who fails to make a cash payment to a Seller for the delivery of malt beverages violates this section unless an exception applies.(1) A Retailer who violates this section must pay the amount due, and a Seller may accept payment, only in cash or cash equivalent.(2) For purposes of this section, the Retailer includes all persons who are or were owners, officers, directors, managers or shareholders of the Retailer at the time a cash payment violation occurs.(e) Reporting Violation and Payment; Failure to Report.(1) A report of a violation must be submitted electronically on the forms provided on the commission's web-based reporting system at https://www.tabc.texas.gov.(2) A Seller who cannot access the commission's web-based reporting system must either:(A) submit a request for exception to submit reports by paper; or(B) contract with another Seller or service provider to make electronic reports on behalf of the Seller.(3) All reports of violations under this subsection must be made to the commission within two business days from the date the violation is discovered by the Seller.(4) A Seller who fails to report a violation as required by this subsection is in violation of this section.(f) Exception.(1) A Retailer who wishes to dispute a violation of this section, based on a good faith dispute between the Retailer and the Seller may submit supporting documents and a detailed written statement to the commission with a copy to the Seller explaining the basis of the dispute.(2) The written statement must be submitted with documents and/or other records tending to support the Retailer's dispute, which may include:(A) a copy of the front and back of the cancelled check of Retailer showing endorsement and deposit by Seller;(B) bank statement or records of bank showing funds were available in the account of Retailer on the date the check was delivered to Seller; and(C) bank statement or records showing:(i) bank error or circumstances beyond the control of Retailer caused the check to be returned to Seller unpaid; or(ii) the check cleared Retailer's account and funds were withdrawn from Retailer's account in the amount of the check.(3) The Retailer must immediately submit a notice of resolution of a dispute to the commission under this subsection.(g) Penalty for Violation. An action to cancel or suspend a permit or license may be initiated under the Code for one or more violations of this section. The commission may consider whether a violation is the result of an event or incident when initiating an action under this subsection.(h) Calculation of Time. Sundays and legal holidays are not counted in determining time periods under this section.", "sourceNote": "Source Note: The provisions of this §45.131 adopted to be\r\neffective November 29, 2009, 34 TexReg 8503; amended to be effective\r\nNovember 18, 2010, 35 TexReg 10051; amended to be effective December\r\n15, 2013, 38 TexReg 9019; amended to be effective December 8, 2016,\r\n41 TexReg 9508; amended to be effective September 1, 2021, 46 TexReg\r\n5182; amended to be effective February 9, 2026, 51 TexReg 714." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226965", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "45", "label": "MARKETING PRACTICES" }, "subchapter": { "number": "G", "label": "REGULATION OF CASH AND CREDIT TRANSACTIONS" }, "rule": { "number": "§45.132", "label": "Wholesaler Delinquent to Distiller and Rectifier" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199581", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Alcoholic Beverage Code §102.33. (b) An administrative violation of Alcoholic Beverage Code §102.33 does not occur until the holder of a wholesaler's permit:(1) fails to pay the amount due to the holder of the distiller's and rectifier's permit on or before the date payment is required under the agreed terms of a contract or written agreement between the holder of the distiller's and rectifier's permit and the wholesaler; and(2) fails to pay the amount due to the holder of the distiller's and rectifier's permit within 30 days, or another deadline agreed upon in writing, after receiving a demand for payment from the holder of the distiller's and rectifier's permit.(c) Reporting Violations:(1) A distiller's and rectifier's permit holder may report a delinquent wholesaler by submitting a complaint to the commission in accordance with §31.10.(2) A complaint alleging a delinquent payment under Alcoholic Beverage Code §102.33 must be made in writing and include the following supporting documentation and information: (A) the name and permit numbers of the involved permit holders; (B) a copy of the invoice required by Alcoholic Beverage Code §102.33(a) applicable to the alleged delinquent payment; (C) sufficient evidence showing proof of the wholesaler's order, the date of delivery, and the payment terms agreed to by both parties; and (D) proof that a demand for payment was sent to the wholesaler, including the date the demand was sent.(3) The commission will not take action on a complaint alleging a delinquent payment under Alcoholic Beverage Code §102.33 unless the permittees have entered into a written contract or agreement that clearly sets forth the terms of payment, including the number of days from which payment is due after the delivery of liquor purchased by the wholesaler.(d) A wholesaler may dispute an alleged delinquency by submitting supporting documentation, including evidence of payment, within 10 days of notice by the commission of the complaint.(e) Timeline to Report Violations. Alleged violations shall be reported to the commission within 45 days from the date a wholesaler becomes delinquent under subsection (b) of this section. Violations reported to the commission after 45 days from the delinquency are not actionable by the commission.(f) Unless otherwise agreed in writing, it is a rebuttable presumption that a demand for payment sent under this section is received by a wholesaler as follows:(1) A demand sent by United States mail or by common or contract carrier is considered received on the third day after the date the demand is deposited with the postal service or carrier, provided that the demand was properly addressed and postage or carrier charges were paid. If a tracking or delivery verification service is used, including certified mail or a similar method, a demand is considered received on the delivery date indicated by such service.(2) A demand sent by electronic mail or some other electronic means during business hours is considered received on the same date it was sent, provided that the demand was sent to a valid electronic address used by the wholesaler. A demand sent electronically on the weekend, a federal holiday, or after 5:00 p.m. Central Time is considered received the next business day. (g) The holder of a distiller's and rectifier's permit is not required to report a delinquent wholesaler. An administrative violation will not be attributed to a wholesaler who becomes delinquent unless the delinquency is reported to the commission in accordance with this section.", "sourceNote": "Source Note: The provisions of this §45.132 adopted to be\r\neffective December 8, 2025, 50 TexReg 7920." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199581", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "A", "label": "GENERAL AND ADMINISTRATIVE PROVISIONS" }, "rule": { "number": "§50.1", "label": "Purpose and Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212367", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter implements Texas Alcoholic Beverage Code §106.14, which provides the commission with authority to adopt rules establishing requirements for approved seller training programs, and §57.09, related to alcohol delivery driver training.", "sourceNote": "Source Note: The provisions of this §50.1 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective June 9, 2020, 45 TexReg 3770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212367", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "A", "label": "GENERAL AND ADMINISTRATIVE PROVISIONS" }, "rule": { "number": "§50.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216544", "queryAsDate": "03/11/2026" }, "ruleBody": "Words used in this chapter have their common and ordinary meaning unless they are given a specific meaning in the code or are defined in this section.(1) Applicant--An individual and/or each owner, officer, director, manager, or trainer of a legal entity who applies to the commission for a certificate under this chapter.(2) Branch Seller Server School Certificate.(A) Branch Classroom-Based Seller Server School Certificate--A certificate issued by the commission to the holder of a Primary Seller Server School Certificate granting the same authority as the Primary Certificate but at a site that is designated on the Branch Certificate and that is different from that designated on the Primary Certificate;(B) Branch Mobile Application Seller Server School Certificate--A certificate issued by the commission to the holder of a Primary Internet-Based Seller Server School Certificate that allows for the approved course content to be completed through the internet or through the mobile application, provided that all testing must be completed through the internet and that tests may not be stored on the mobile device or in the mobile application; or(C) Branch Internet-Based Seller Server School Certificate--A certificate issued by the commission to the holder of a Primary Internet-Based Seller Server School Certificate that allows for the approved course content to have an alternate domain location on the internet, provided that all course content and testing must be completed online.(3) Break--An interruption in a course of instruction occurring after the lesson introduction and before the lesson summation.(4) Classroom-Based Seller Server School Certificate--A Primary or Branch Seller Server School Certificate issued by the commission under this chapter to a school that:(A) has authority under this chapter to offer instruction and issue seller server certificates; and(B) does not qualify for either an In-House Seller Server School Certificate or an Internet-Based Seller Server School Certificate.(5) Commission-Approved Personal Identification Number--A social security number, an individual taxpayer identification number (ITIN), or an alien registration number (\"A\" number).(6) Comprehension question--A question designed to establish the Student's participation in a course or program and comprehension of the materials by requiring the student to answer a question regarding a fact or concept taught in the course or program.(7) Course of instruction--The mandatory curriculum and the optional curriculum used to teach a seller server certificate course.(8) Incomplete application--An application that fails to include all facts, disclosures, documents, statements, authorizations, signatures, and fees required by this chapter or requested by the commission for issuance of a certificate.(9) In-House Seller Server School Certificate--A Primary or Branch Seller Server School Certificate issued by the commission under this chapter to a school sponsored or operated by a retail permittee or licensee and that has authority under this chapter to offer instruction on either a classroom basis or a computer basis and to issue seller server certificates.(10) Internet-Based Seller Server School Certificate--A Primary or Branch Seller Server School Certificate issued by the commission under this chapter to a school offering an interactive course on a delivery platform with web-based functionality that:(A) has authority under this chapter to offer instruction and issue seller server certificates; and(B) does not qualify for either a Classroom-Based Seller Server School Certificate or an In-House Seller Server School Certificate.(11) Mandatory Curriculum--The curriculum provided by the commission that must be used by a certified school teaching a seller server certificate course.(12) Multimedia component--A technique (such as combining of sound, video, and text) in which several media are employed, including, but not limited to sound and audio recording, videos, and animation.(13) Optional Curriculum--Any curriculum not provided by the commission that is used by a school to teach a seller server certificate course.(14) Personal validation question--A question designed to establish the identity of the student by requiring an answer related to the student's personal information such as a driver license number, address, date of birth, or other similar information that is unique to the student.(15) Primary Seller Server School Certificate--A certificate issued by the commission under this chapter granting authority to:(A) offer instruction and maintain records at the school's principal site designated on the primary certificate; and(B) issue seller server certificates.(16) School--The holder of a Primary or Branch Seller Server School Certificate issued by the commission.(17) Seller Server Certificate--A certificate issued to an individual who completes a course of instruction offered by a school and who passes the Commission Standard Competence Test.(18) Seller Server Certificate Course--A class providing instruction in the sale, service, dispensing, delivery, and consumption of alcoholic beverages to or by persons in private clubs, minors or intoxicated persons, and that is designed to enable students to pass the Commission Standard Competence Test and receive a seller server certificate.(19) Student--An individual who is participating in or has completed a Seller Server Certificate Course.(20) Trainer--An individual who holds a Seller Server Trainer Certificate issued under this chapter.", "sourceNote": "Source Note: The provisions of this §50.2 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective December 12, 2013, 38 TexReg 9020; amended to be effective April 17, 2018, 43 TexReg 2267; amended to be effective February 13, 2023, 48 TexReg 662." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216544", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "B", "label": "MANDATORY CURRICULUM AND COURSE OF INSTRUCTION" }, "rule": { "number": "§50.3", "label": "Mandatory Course Curriculum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213745", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The mandatory curriculum is created by and updated by the commission or under a work-for-hire contract. Each certified school is provided with information and security access to the commission's secure portal when an original certificate or renewal is issued. Schools that are unable to access or download the mandatory curriculum must submit a written request to have the curriculum provided in an alternate format. The commission will not provide paper copies of the mandatory curriculum.(b) The commission claims a copyright in the mandatory curriculum. The mandatory curriculum may not be sold and may not be used in whole or in part without including the commission's claim of copyright.(c) Each certified school is granted access and specific rights of use to the mandatory curriculum and all updates as part of the school licensing fee.(1) The copyright license provides unlimited use of the mandatory curriculum for authorized purposes only.(2) The commission's claim of copyright must be included in all written and visual materials from the mandatory curriculum.(3) Any sale or use of the mandatory curriculum for unauthorized purposes is a violation of this chapter.(d) Upon receiving notice from the commission of a change to the mandatory curriculum, a school has thirty calendar days to implement the change.(e) These topics in the mandatory curriculum must be included in the course of instruction offered by each school.(1) The definition of intoxication.(2) The law pertaining to intoxicated persons.(3) The law pertaining to minors.(4) The law pertaining to proper identification.(5) How to detect intoxication.(6) How to detect minors.(7) How to detect improper identification.(8) How to monitor customer behavior.(9) How to use a chart showing the effects of alcohol based on: the size, type and number of drinks; body weight; the sex of the drinker; and the passage of time.(10) The dangers of alcohol poisoning.(11) Intervention pertaining to intoxication.(12) Intervention pertaining to minors.(13) Sanctions for employee violations.(14) Any other topics identified by the commission as appropriate, giving due consideration to developments in the law, society, and the alcoholic beverage industry.(f) When the executive director or their designee changes the curriculum, the commission will post notice in the Texas Register and on the commission's website that such changes have been made.", "sourceNote": "Source Note: The provisions of this §50.3 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective February 12, 2024, 49 TexReg 660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213745", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "B", "label": "MANDATORY CURRICULUM AND COURSE OF INSTRUCTION" }, "rule": { "number": "§50.4", "label": "Commission Approval of Classroom-Based Course of Instruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190470", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each classroom-based school must provide a course of instruction using the content and sequence of topics contained in the mandatory curriculum. Subject to the requirements of subsection (c) of this section, the course of instruction may include optional material.(b) All classroom-based training materials and courses of instruction must be submitted to the commission for approval.(1) A classroom-based course of instruction must be paced to provide a minimum of 120 minutes of active instruction and student participation in the mandatory curriculum.(2) The 120-minute requirement excludes time taken for breaks and the administration of the Commission Standard Competence Test.(3) The 120-minute requirement is based on a 6th grade comprehension and reading skills level.(4) The commission must approve a course of instruction before it can be offered by a school.(c) Upon approval by the commission, a classroom-based school may present a course of instruction including optional material in addition to the mandatory curriculum if:(1) a request for approval of the optional material is submitted to the commission, with any alteration of the mandatory curriculum and all optional materials clearly identified;(2) the entire proposed course of instruction is submitted with the request, showing the sequence in which the mandatory curriculum and the optional material will be presented;(3) the optional material will not alter the scope or effectiveness of the mandatory curriculum; and(4) additional time is added to the course of instruction to ensure that 120 minutes are devoted entirely to the mandatory curriculum.(d) A classroom-based school must file a revised course of instruction implementing a change to the mandatory curriculum within 30 days after receiving notice of the change.", "sourceNote": "Source Note: The provisions of this §50.4 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective June 14, 2023, 48 TexReg 2939." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190470", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "B", "label": "MANDATORY CURRICULUM AND COURSE OF INSTRUCTION" }, "rule": { "number": "§50.5", "label": "Commission Approval of Internet-Based Course of Instruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212368", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All internet-based training materials and instruction must be submitted and approved by the commission prior to use.(1) Printed screenshots meeting the language comprehension levels required by this section and sequenced and presented as a complete course of instruction must be provided to the commission.(2) Access to the school's web address, secured portal, and delivery platforms must be made available to the commission and the entire course of instruction offered to students must be provided free of charge to the commission.(b) An internet-based course of instruction shall be presented at a 6th grade fluency level of 180 words per minute and must be equivalent to 120 minutes of time.(c) An internet-based school may provide optional instruction in addition to the mandatory curriculum upon approval by the commission if:(1) a request for change is submitted to the commission, with all alterations of the mandatory curriculum and all optional materials clearly identified;(2) the entire proposed course of instruction is submitted with the request, and, if the proposed sequence differs from the mandatory curriculum, a list is included showing where in the proposed sequence each topic in the mandatory curriculum will be presented; and(3) the changes to the sequence and the optional material will not alter the scope or effectiveness of the mandatory curriculum.(d) An internet-based school must file a revised course of instruction implementing a change to the mandatory curriculum within 30 days after receiving notice of the change.", "sourceNote": "Source Note: The provisions of this §50.5 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2268." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212368", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "B", "label": "MANDATORY CURRICULUM AND COURSE OF INSTRUCTION" }, "rule": { "number": "§50.6", "label": "Management of Classroom-Based Course of Instruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212369", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No more than 50 students may attend a session.(b) A student who misses more than 10% of the required 120 minutes of class instruction shall not be allowed to take the Commission Standard Competence Test and may not be given a Seller Server Certificate based on his attendance at that session.(c) No alcoholic beverage may be consumed by anyone attending or teaching the session, during the session or during breaks.(d) Each session must be presented in a continuous block of instruction. Instruction may be interrupted by brief breaks, but they must be limited in number and duration. Time spent in a break or taking the Commission Standard Competence Test shall not be included in the 120-minute mandatory curriculum attendance requirement.(e) The Commission Standard Competence Test shall be administered to each student immediately following the conclusion of instruction at the class he attends. No test may be administered at any other place or time.(f) The Commission Standard Competence Test shall be administered on a closed-book basis.(g) A student must correctly answer at least 70% of the questions asked on the Commission Standard Competence Test administered to him to be eligible to receive a Seller Server Certificate.(h) A student who does not correctly answer 70% of the questions asked may be immediately retested once. If the student does not correctly answer 70% of the questions asked on the retest, the student must repeat the course in full.", "sourceNote": "Source Note: The provisions of this §50.6 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective February 13, 2023, 48 TexReg 662." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212369", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "B", "label": "MANDATORY CURRICULUM AND COURSE OF INSTRUCTION" }, "rule": { "number": "§50.7", "label": "Management of Internet-Based Course of Instruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147107", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An internet-based school must verify a student's identity.(1) To verify the student's identity, the school must ask each student a minimum of ten personal validation questions. Students have no more than 60 seconds to respond to a personal validation question. If a student answers more than 30% of the personal validation questions incorrectly, the student must be dropped from the course.(2) In lieu of the validation method required in paragraph (1) of this subsection, a school may use another validation method that has been approved by the commission upon request by that school.(b) A student may be allowed to reenter a course through the use of a username and password, or by other means approved by the commission that are as effective as password verification.(c) An internet-based school may present the course of instruction on a unit basis that is approved by the commission.(1) At the conclusion of a unit, the student must answer five comprehension questions on the material in that unit. A student may not proceed to the next unit if the student:(A) answers more than one question incorrectly; or(B) has not viewed all multimedia components of a unit.(2) Comprehension questions on a unit test must be of a difficulty level that a student cannot correctly answer them without having viewed the material in that unit. Comprehension questions on a unit test may be short answer, multiple choice, or a combination of those methods.(3) If a student incorrectly answers more than one comprehension question on a unit test, the student must restart and complete that unit again before being retested.(4) During a unit retest, the student must be asked comprehension questions that are different from those he was previously asked.(5) If different comprehension questions are asked and the student has restarted and completed the unit after each failed test, a school may decide how many times the student may be retested on a unit.(d) A student must correctly answer at least 70% of the questions asked on the Commission Standard Competence Test administered to him to be eligible to receive a Seller Server Certificate.(e) A student who does not correctly answer 70% of the questions asked on the Commission Standard Competence Test administered to him may be immediately retested once. If the student does not correctly answer 70% of the questions asked on the retest, the student must repeat the course in full.(f) A student must have adequate access to a help desk to resolve technical issues and the hours must be posted for the student to review before registering for the course. If a request for support is made outside of the posted time period, technical support must contact the requestor and attempt to resolve the issue during the next posted time period that follows the request. Access to technical assistance may be provided by means of:(1) email;(2) direct messaging; or(3) phone with active voicemail.(g) Questions by a student about the content of the course of instruction must be answered by the holder of a seller server trainer certificate.(1) The school must make available to students the days and times a Seller Server Trainer will be available to answer content related questions prior to registering for the course; and(2) Seller Server Trainers must be available a reasonable amount of time weekly to provide support to students.(h) An internet-based school may not allow any advertisements to appear during the course of instruction. Advertisements that appear on the website when the course of instruction is not being presented must follow established marketing practices.", "sourceNote": "Source Note: The provisions of this §50.7 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2268; amended to be effective February 13, 2023, 48 TexReg 662." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147107", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "B", "label": "MANDATORY CURRICULUM AND COURSE OF INSTRUCTION" }, "rule": { "number": "§50.8", "label": "Management of In-House Course of Instruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212371", "queryAsDate": "03/11/2026" }, "ruleBody": "An in-house seller server school shall comply with the provisions of §50.6 or §50.7, as appropriate to the method of instruction used. An in-house seller server school shall not offer a course of instruction, and shall not issue a Seller Server Certificate, to anyone who is not an employee.", "sourceNote": "Source Note: The provisions of this §50.8 adopted to be effective January 1, 2011, 35 TexReg 7054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212371", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.9", "label": "Issuance of Seller Server Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212372", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A school must order and pay for all seller server certificate numbers in advance using the order forms and payment methods approved by the commission. Certificate numbers cost $2.00 each.(b) No session may be conducted unless the school:(1) has sufficient certificate numbers available to issue a certificate to each individual attending the session at the time, date and location of the scheduled session; and(2) limits the number of individuals attending a session to the number of certificate numbers available at the location on the date and time the session is conducted.(c) If a school had sufficient certificate numbers to issue to each student in a session, but one or more certificate numbers had to be voided so that a student who should have received a certificate did not receive one on the date of the session, the school must, within five calendar days of the session, submit a written statement to the commission explaining why sufficient certificate numbers were not available and listing the voided certificate numbers.(d) Requirements for classroom-based or in-house schools issuing seller server certificate to students.(1) If a student satisfies the requirements for a certificate, the school must issue the student the certificate on the date the student satisfied those requirements and at the location of that session.(2) If a school fails to comply with the requirements of paragraph (1) of this subsection, the school, at the conclusion of the session where the student satisfied the requirements for a certificate, and on the date and location of that session, must:(A) provide the student with a written receipt showing the name of the school, the name of the instructor, the instructor's certificate number, the amounts paid by the student, and the date, time and location of the session;(B) provide the student written notice containing the commission's internet address and informing the student that the student may file a complaint with the commission;(C) notify the commission in writing, or on forms provided by the commission for internet notification, of the information required to be provided to the student in subparagraph (A) of this paragraph; and(D) issue the student a certificate within 10 calendar days from the date of the session where the student satisfied the requirements for a certificate.(e) Requirements for internet-based schools issuing seller server certificate to students.(1) If a student satisfies the requirements for a certificate, the school must electronically issue the student the certificate within 24 hours of the time the student satisfied those requirements.(2) If a school fails to comply with the requirements of paragraph (1) of this subsection, the school, within 24 hours of the conclusion of the session where the student satisfied the requirements for a certificate, must electronically provide the student:(A) a receipt showing the name of the school, the name of the instructor, the instructor's certificate number, the amounts paid by the student, and the date and time of the session;(B) an explanation of why the certificate is not being issued; and(C) the commission's internet address and notice that the student may file a complaint with the commission.(3) If a school fails to comply with the requirements of paragraph (1) of this subsection, the school, within 24 hours of the conclusion of the session where the student satisfied the requirements for a certificate, must electronically provide the commission the information provided to the student under paragraph (2) of this subsection.(4) If a school fails to comply with the requirements of paragraph (1) of this subsection, the school must issue the student a certificate within 10 calendar days from the date of the session where the student satisfied the requirements for a certificate.(f) A school that fails to comply with the requirements of subsection (d) or (e) of this section commits a separate violation for each student affected by that failure.(g) The commission may refuse to issue certificates to a school:(1) if the commission has a reasonable basis to believe the certificates have been misused or abused or that inadequate security or control may result in the misuse or abuse of certificates;(2) if the school fails to provide information and records within three business days of a request by the commission; or(3) if the school has failed to create or maintain information and records required by the commission.(h) A school may not transfer a certificate to another school, even if the schools are affiliated branch or primary schools.", "sourceNote": "Source Note: The provisions of this §50.9 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2269; amended to be effective February 13, 2023, 48 TexReg 662." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212372", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.10", "label": "Requirements for Records, Reports and Notices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212373", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A school must electronically notify the commission at least three business days in advance of each scheduled session. The notice must include the date, time and location of the session. The commission may waive the three-day requirement on request for good cause shown on an individual basis, but in no case may a session be taught without prior notification to the commission.(b) Reports of cancelled classes.(1) A school must electronically notify the commission of the cancellation of a session prior to the scheduled date of the session unless the cancellation cannot reasonably have been anticipated before that date.(2) When a cancellation cannot reasonably have been anticipated prior to the scheduled date of the session, the school must electronically notify the commission of the cancellation not later than the next business day. The notice must provide an explanation of the circumstances justifying the late notice.(c) A school shall maintain the Commission Standard Competence Test in a secure manner and in a secure location at all times and restrict access to ensure that the test is not available to students or the public before or after it is administered. A school must electronically notify the commission of any breach of security involving the test within 24 hours of discovering the breach.(d) Access to commission's portal to file reports and notices.(1) Each certified school is provided with information and security access to the commission's selected secure portal when an original certificate or renewal is issued. Access to the secure portal may be terminated without notice if a security breach or malicious virus is detected.(2) The commission may require or perform periodic audits to ensure secure portals are used for authorized purposes.(3) A breach of security or misuse of the secure portal will result in immediate termination of access pending investigation.(e) Reports of seller training.(1) For each session taught, a school shall electronically file a report of seller training not later than 7 calendar days after the date the class was held.(2) Each report of seller training shall include all students who successfully completed the session and received a passing grade on the commission standard competence course.(3) Each report of seller training shall contain each student's name, commission-approved personal identification number, date of birth, test score and certificate number.(4) The trainer shall personally verify that on the date indicated each student included in the report satisfactorily completed the session and received a passing grade on the Commission Standard Competence Test.(f) Required records.(1) Each school must maintain, at the school's primary site or at a designated branch site, the reports and notices required in this section.(2) For each student attending a session, the school must maintain the information required by this paragraph.(A) The student's first and last names and middle initial.(B) The student's mailing address.(C) The student's e-mail address, if available.(D) Any information required to assign the student a commission-approved personal identification number.(E) The student's score on the Commission Standard Competence Test.(3) All records, reports and documents required in this section shall be maintained for four years.(4) Records, reports and documents required by this section may be maintained electronically in a methodical and organized manner.(5) All records, reports and documents shall be made available to the commission upon request. Failure to provide the material within five business days of the request is cause for cancellation or suspension of the school's certificate.(6) Failure to submit any record, report or notice to the commission as and when required is cause for cancellation or suspension of the school's certificate.(7) Significant and/or repeated errors in submitting information to the commission are cause for cancellation or suspension of the school's certificate.(8) If a school ceases operation, all records and reports shall be provided to the commission.(9) The commission may monitor sessions unannounced.(10) The commission may conduct audits unannounced.(11) An internet-based school must maintain all contracts it has to receive traffic that has been redirected from another domain.(g) The executive director may develop standard practices relating to the implementation of this chapter. The standard practices will provide guidance to schools and individuals affected by this chapter regarding technical details required to efficiently and effectively implement this chapter. The standard practices will be provided to certified schools and will be posted on the commission's website. The standard practices may not conflict with or alter the provisions of this chapter.", "sourceNote": "Source Note: The provisions of this §50.10 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2269; amended to be effective February 13, 2023, 48 TexReg 662." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212373", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.11", "label": "Grounds for Refusing to Process Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147106", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may refuse to process an original or renewal application for a school certificate under this chapter, if the applicant or any individual who must submit a personal history sheet with the application:(1) does not meet the minimum qualifications;(2) fails to submit a complete application;(3) fails to pay the required fees;(4) falsifies, misrepresents, or fails to provide or verify a material fact, disclosure or document required by the commission on the application;(5) fails to provide or produce information requested by the commission, and the time for providing the information has passed;(6) within five years of the date of application, was convicted of or served deferred adjudication for:(A) any felony offense;(B) any controlled substance offense in the Health and Safety Code Chapter 481;(C) any firearm or deadly weapon offense in Penal Code Chapter 46;(D) any prostitution offense in Penal Code Chapter 43;(E) any gambling offense in Penal Code Chapter 47;(F) any human trafficking offense in Penal Code Chapter 20A;(G) any fraud offense in Penal Code Chapters 32 or 35;(H) any money laundering offense in Penal Code Chapter 34; or(I) any violation of the Alcoholic Beverage Code.(7) conducts business in a manner that warrants the cancellation or suspension of the certificate for 24 months following the cancellation or suspension;(8) conducted seller server training courses and allowed students to participate in a seller server training program with the expectation that they would receive a valid commission authorized certificate while the primary seller server certificate was under suspension; or(9) is the owner of the primary seller server certificate and is residentially domiciled with a person whose primary seller server certificate was cancelled for cause within the 12-month period preceding the owner's application.(b) The commission may refuse to process an original or renewal application for a seller server trainer certificate under this chapter without a hearing, if the applicant:(1) does not meet the minimum qualifications;(2) fails to submit a complete application;(3) fails to pay the required fees;(4) falsifies, misrepresents, or fails to provide or verify a material fact, disclosure or document required by the commission on the application;(5) fails to provide or produce information requested by the commission, and the time for providing the information has passed;(6) had a final disposition of a felony conviction within five years of the date of application;(7) conducts business in a manner that warrants the cancellation or suspension of the certificate for 24 months following the cancellation or suspension; or(8) used a trainer who conducted seller server training courses and allowed students to participate in a seller server training program with the expectation that they would receive a valid commission authorized certificate while the primary seller server certificate was under suspension.", "sourceNote": "Source Note: The provisions of this §50.11 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2269; amended to be effective February 13, 2023, 48 TexReg 662." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147106", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.12", "label": "Suspension or Cancellation of School's Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190475", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may suspend or cancel a school's certificate, if the commission finds after notice and opportunity for a hearing that a school or a trainer employed by the school has violated a provision of this chapter.(b) In deciding whether to suspend or cancel a school's certificate, the commission may consider:(1) the seriousness of the violation;(2) the school's history of violations;(3) the effect of the violation on a student or others;(4) the school's attempt to rectify the violation;(5) whether the school has implemented any changes to prevent similar violations; and(6) other factors pertinent to the situation.(c) Before suspending or cancelling a school's certificate, the commission may allow a school an opportunity to correct an alleged violation. The commission may require the school to submit a corrective action plan analyzing how and why the alleged violation occurred, proposing actions designed to prevent similar violations, and describing how restitution will be provided to students or others affected by the violation. If the commission accepts the corrective action plan, the commission may require periodic reports on the plan's implementation and may monitor and/or audit the school to assess compliance with the plan.", "sourceNote": "Source Note: The provisions of this §50.12 adopted to be effective January 1, 2011, 35 TexReg 7054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190475", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.13", "label": "Grounds for Suspension or Cancellation of School's Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147110", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission, after notice and hearing, may suspend or cancel a school's certificate if the school, or a trainer employed by or under contract to the school:(1) fails to verify an individual's qualifications to receive a certificate;(2) signs a certificate when the trainer did not personally instruct the student;(3) fails to follow or provide instruction required by the mandatory curriculum;(4) provides fewer than the required number of hours of instruction;(5) issues more than 50 seller server certificates for a single session, unless the school has an internet-based seller server school certificate;(6) issues a seller server certificate or provides instruction on a date when the school's or instructor's certification is expired, suspended or cancelled;(7) fails to administer or require a student to take and/or make a passing score on the Commission Standard Competence Test before issuing a seller server certificate to the student;(8) uses, discloses, or sells personal or financial information obtained from a student or the commission for a purpose or in a manner not authorized by this chapter;(9) falsifies, alters or destroys a record required by the commission, regardless of whether there was intent to deceive the commission or another;(10) violates any section of this chapter or the standard practices of the commission that, in the opinion of the commission, warrants suspension or cancellation;(11) has engaged in an ongoing course of conduct or activities that undermine the purpose and intent of this chapter;(12) fails to control, monitor, and supervise instructors and classroom instruction to prevent a violation of law or the requirements of this chapter;(13) fails to implement control and security measures to protect personal or financial information obtained from a student or the commission from accidental, intentional, or malicious use or disclosure;(14) allows a session to be taught by someone who does not hold current trainer certification;(15) falsifies, makes a material misstatement, or fails to disclose required information on any document or record required by this chapter;(16) counterfeits a certificate issued under this chapter; or(17) violates any provision of this chapter.(b) The commission, after notice and hearing, may suspend or cancel a school's certificate if a trainer employed by or under contract to the school, a responsible person assigned by the school to a session, the owner or governing body of a school, or the administration of a college or university has failed to supervise or exercise control of its employees or facilities, and the failure has resulted in actual harm or increased risk to the health or safety of students or the public.(c) The commission, after notice and hearing, may suspend or cancel a school's certificate if the quality of instruction falls below minimum commission standards as determined by the commission through:(1) direct observation of instruction by commission auditors or agents;(2) consistent failure of the school to impart basic knowledge and understanding to students, as measured by student failures, student violations, or student surveys or reports; or(3) complaints received from any person.(d) The commission, after notice and hearing, may suspend or cancel a school's certificate if the school engages in any of these acts or practices:(1) presenting the course of instruction as its own when it is not;(2) causing confusion or misunderstanding as to the source, sponsorship, approval or certification of the course of instruction or services provided by a school or instructor;(3) causing confusion or misunderstanding as the affiliation, connection or association with, or certification by, the commission or a school certified by the commission;(4) representing that a school or course of instruction is sponsored, approved, certified or accredited by the commission when it is not;(5) representing that an individual is affiliated with, employed by or represents a school certified by the commission when the individual is not;(6) representing that a course of instruction has been approved by the commission when it has not; or(7) advertising services or other courses of instruction during the time allocated for instruction or completion of a course of instruction approved by the commission.", "sourceNote": "Source Note: The provisions of this §50.13 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2270." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147110", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.14", "label": "Prohibited Relationships" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214059", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No licensee or permittee of the commission, or his spouse, agent, servant, or employee, or any subsidiary or affiliate, may directly or indirectly conduct, sponsor, or support a seller training program approved under this chapter except as provided in the Texas Alcoholic Beverage Code, §106.14(c) and (d).(b) A licensee or permittee of the commission may be a member of an advisory board, but not the governing board of a nonprofit agency which sponsors a seller training program.(c) Persons engaged in the manufacturing or wholesaling of alcoholic beverages for national distribution may contribute to the development of a curriculum of seller training being developed for national use; provided, that any such contribution or involvement shall not be directly or indirectly tied to the actual offering of training to employees of any retailer, group of retailers, or the general public. Such involvement by an alcoholic beverage manufacturer shall be in a primarily noncommercial manner consistent with the spirit and intent of the provisions of the Texas Alcoholic Beverage Code and the rules of the commission prohibiting the tied-house and prohibiting the furnishing of things of value to a retailer of alcoholic beverages.(d) No licensee, permittee, or other person engaged in the manufacturing or wholesaling level of the alcoholic beverage industry, or any agent, servant, or employee of any of those, may directly or indirectly conduct or sponsor a seller training program for retail level employees or members of the general public.", "sourceNote": "Source Note: The provisions of this §50.14 adopted to be effective January 1, 2011, 35 TexReg 7054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214059", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.15", "label": "Application for Primary Classroom-Based Seller Server School Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147112", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicant and Application. An applicant for an original or renewal primary classroom-based seller server school certificate must complete all sections of the application on forms provided by the commission. The applicant must provide a valid e-mail address and must agree to maintain a currently valid e-mail address on file with the commission at all times.(b) Disclosure of Owners, Officers, Directors, Managers, and Instructors.(1) The applicant for an original certificate or change of ownership for a primary classroom-based seller server school must disclose all individuals and legal entities having an ownership interest, and all officers, directors, managers, and instructors.(2) A legal entity must provide its formation and registration documents and must be authorized to transact business in this state.(3) A personal history sheet must be completed and submitted with the application for each individual owner, and each individual shareholder, partner, officer, director, and manager.(4) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.(5) Additional information may be required by the commission to verify ownership or qualifications of the applicant.(c) The applicant must sign and verify that:(1) the applicant has authority to act on behalf of all owners;(2) the applicant has personally completed or reviewed the application and has personal knowledge of and is responsible for its content;(3) all parts of the application that apply are complete;(4) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted;(5) the applicant acknowledges that an application for a certificate is a government document and is subject to verification by the commission; and(6) the applicant acknowledges that providing false or misleading information or omitting a material fact may result in the refusal of the application, cancellation of a school's certificate, or criminal prosecution.(d) Incomplete applications or applications submitted without required fees will not be accepted for processing or returned to the applicant.(e) An applicant must:(1) keep an exact copy of the application submitted to the commission; and(2) complete and correct any deficiencies within ten business days after being notified of the deficiency.(f) The application for a primary classroom-based seller server school certificate must designate:(1) a certified trainer responsible for the oversight, operation, training and compliance at the primary seller server school;(2) an individual responsible for the day-to-day operations and facilities of the primary seller server school;(3) the principal site of the school; and(4) all branch classroom-based seller server school certificates the applicant has or for which application is being made.(g) The holder of a primary classroom-based seller server school certificate must apply for a branch classroom-based seller server school certificate for each site, other than the designated principal site, where records required by this chapter are maintained.", "sourceNote": "Source Note: The provisions of this §50.15 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective June 14, 2023, 48 TexReg 2939." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.16", "label": "Application for Branch Classroom-Based Seller Server School Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214060", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A branch classroom-based seller server school certificate is required for each site, other than a principal site designated pursuant to §50.15(f)(3) of this chapter, where records required by this chapter are maintained.(b) An applicant for an original or renewal branch classroom-based seller server school certificate must be an applicant for or hold a current primary classroom-based seller server school certificate.(c) An application for a branch classroom-based seller server school certificate must indicate the primary classroom-based seller server school certificate with which it is associated.(d) An applicant may submit more than one application for a branch seller server school certificate, but each application must be completed and submitted on forms provided by the commission.(e) The owners, shareholders, officers and directors of the primary seller server school and the branch seller server school must be the same.(f) The application for a branch seller server school certificate must designate:(1) a certified trainer responsible for the oversight, operation, training and compliance at the branch seller server school;(2) the individual responsible for the day-to-day operations and facilities of the branch seller server school; and(3) the applicant for or holder of the associated primary classroom-based seller server school certificate.(g) A personal history sheet must be completed and submitted with the application for each certified trainer and responsible individual designated pursuant to subsection (f) of this section. A copy of a personal history sheet is acceptable if the original was included as part of the primary school application.(h) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.(i) Additional information may be required by the commission to verify ownership or qualifications of the applicant.(j) The applicant must sign and verify that:(1) the applicant has personally completed or reviewed the application and is responsible for its content;(2) all parts of the application are completed; and(3) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted.(k) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.(l) An applicant must:(1) keep an exact copy of the application submitted to the commission; and(2) complete and correct any deficiencies within ten business days after being notified of the deficiency.", "sourceNote": "Source Note: The provisions of this §50.16 adopted to be effective January 1, 2011, 35 TexReg 7054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214060", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.17", "label": "Application for Primary Internet-Based Seller Server School Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190477", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for an original or renewal primary internet-based seller server school certificate must complete all sections of the application on forms provided by the commission.(b) An applicant for an original certificate or change of ownership for an internet-based seller server school must disclose all individual owners, individuals and legal entities having an ownership interest, and all officers, directors, managers, and instructors.(1) A legal entity must provide its formation and registration documents and must be authorized to transact business in this state.(2) A personal history sheet must be completed and submitted with the application for each individual disclosed on the application.(3) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.(4) Additional information may be required by the commission to verify ownership or qualifications of the applicant.(c) The applicant must sign and verify that:(1) the applicant has authority to act on behalf of all owners;(2) the applicant has personally completed or reviewed the application and has personal knowledge of and is responsible for its content;(3) all parts of the application that apply are complete;(4) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted;(5) the applicant acknowledges that an application for a certificate is a government document and is subject to verification by the commission; and(6) the applicant acknowledges that providing false or misleading information or omitting a material fact may result in the refusal of the application, cancellation of a certificate, or criminal prosecution.(d) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.(e) An applicant must:(1) keep an exact copy of the application submitted to the commission; and(2) complete and correct any deficiencies within 10 business days after being notified of the deficiency.(f) An applicant for an internet-based seller server school certificate must verify that the security measures implemented and maintained by the school meet state and federal standards for the transmission and protection of personal identification information and financial information of individuals accessing the website.(g) The presentation and course progress platform used by an internet-based seller server school must be reviewed and approved by the commission to ensure:(1) the course of instruction contains all topics required by the mandatory curriculum; and(2) each topic must be completed before the next topic may be accessed.(h) An applicant for a primary internet-based training school certificate must designate a primary domain and must list:(1) all domains the school uses to provide any course of instruction that includes the mandatory curriculum;(2) all domains under common ownership with the school that redirect students to the primary designated domain or to any other domain under common ownership with the designated primary domain; and(3) all domains, whether or not under common ownership, with which the school has a contractual relationship to redirect students to the designated primary domain or to any domain under common ownership.(i) The applicant must agree to update the list required by subsection (h) of this section within 24 hours of a change during the term of the certificate and failure to keep the list current is grounds for cancellation of the primary internet-based training school certificate.(j) A primary internet-based training school must obtain a branch internet-based training school certificate for each domain that is under common ownership with the designated primary domain but that offers a different course of instruction from that offered at the designated primary domain.(k) A primary internet-based training school is not required to obtain a branch internet-based or branch mobile application training school certificate for a domain that is under common ownership with the designated primary domain but that either merely redirects students to the designated primary domain or to another domain that is under common ownership with the primary domain.(l) A primary internet-based training school is required to obtain:(1) a branch mobile application training school certificate for each delivery platform that is under common ownership with the designated primary internet-based program. This includes, but is not limited to, programs designed for specific mobile devices or custom programming as a delivery platform for the mandatory curriculum and internet-based testing; or(2) a branch internet-based training school certificate for each delivery domain that is under common ownership with the designated primary internet-based program but provides a different course of instruction than that which is approved on the designated primary domain.(m) A primary internet-based training school must require that before any domain redirects a student to the designated primary domain or to any domain under common ownership with it, and before charging the student, the redirecting domain must inform the student:(1) that he will be transferred to another site;(2) of the name of the school that will actually provide the course of instruction;(3) of the name of the school that will appear on his certificate upon successful completion of the course;(4) that the school to which he will be redirected will solicit private, personally identifiable information from the student; and(5) that the student may refuse to be transferred without incurring fees.", "sourceNote": "Source Note: The provisions of this §50.17 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2270; amended to be effective June 14, 2023, 48 TexReg 2939." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190477", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.18", "label": "Application for Branch Internet-Based or Branch Mobile Application Seller Server School Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214061", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A branch internet-based seller server school certificate is required for each domain that offers a different course of instruction from the course of instruction approved for the designated primary domain.(b) A branch mobile application seller server school certificate is required for each delivery platform supported on mobile phones, PDAs, tablets or other delivery device approved by the commission. For a branch mobile application seller server school:(1) the mandatory curriculum may be completed with or without Internet access;(2) the Commission Standard Competence Test and all unit testing must be completed through an internet connection; and(3) the Commission Standard Competence Test and all unit testing may not be stored in the mobile application or on any device not directly managed by the Primary Seller Server Training School.(c) An applicant for an original or renewal branch internet-based or branch mobile application seller server school certificate must be an applicant for or already hold a current primary internet-based seller server school certificate.(d) An application for a branch internet-based or branch mobile application seller server school certificate must indicate the primary internet-based seller server school certificate with which it is affiliated.(e) An applicant may submit more than one application for a branch seller server school certificate or branch mobile application seller server school certificate, but each application must be completed and submitted on forms provided by the commission.(f) A personal history sheet must be completed and submitted with the application for each certified instructor. A copy is acceptable if the original was included as part of the primary school application.(g) An authorization for a criminal history background check is required for each individual required to submit a personal history sheet and who has not previously submitted the authorization.(h) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.(i) The applicant must sign and verify that:(1) the applicant has personally completed or reviewed the application and is responsible for its content;(2) all parts of the application are completed; and(3) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted.(j) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.(k) An applicant must:(1) keep an exact copy of the application submitted to the commission; and(2) complete and correct any deficiencies within ten business days after being notified of the deficiency.", "sourceNote": "Source Note: The provisions of this §50.18 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2270." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214061", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.19", "label": "Application for Primary In-House Seller Server School Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214062", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. An application for an original or renewal primary in-house seller server school certificate must be completed and submitted on forms provided by the commission.(b) An applicant for a primary in-house seller server school certificate must satisfy the requirements of paragraph (1) or (2) of this subsection.(1) Be the current holder of a retail permit or license issued by the commission and employ a minimum of 150 individuals. The duties of the permit or license holder's employees must include the preparation, sale, service, or delivery of alcoholic beverages to ultimate consumers.(2) Be a hotel management or holding company that owns or operates a minimum of five hotels which employ a minimum of 200 individuals whose duties include preparation, sale, service, or delivery of alcoholic beverages to ultimate consumers. The primary in-house seller server school must be managed and controlled by the hotel management or holding company and not the owned or managed hotels.(c) Disclosure of Owners, Officers, Directors, Managers, and Instructors.(1) An applicant whose owners, officers, directors, and managers are an exact match to those previously provided to the commission in connection with a license or permit currently held by the applicant is exempt from the requirements of paragraphs (2), (3) and (4) of this subsection. However, the applicant must identify the license or permit application where the information requested in those paragraphs can be found.(2) The applicant for an original certificate or change of ownership for an in-house seller server school must disclose all individual owners, individuals and legal entities having an ownership interest, and all officers, directors, managers, and instructors.(3) A legal entity must provide the formation and registration documents and must be authorized to transact business in this state.(4) A personal history sheet must be completed and submitted with the application for each individual who is an owner or holds an ownership interest in a legal entity, and each partner, officer, director, manager, and trainer if:(A) the applicant has not previously provided a personal history sheet for the individual; or(B) the information previously provided is no longer true and correct.(5) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.(6) Additional information may be required by the commission to verify ownership or qualifications of an applicant or individual.(d) An applicant for a primary in-house seller server school must designate:(1) a certified trainer responsible for the oversight, operation, training, and compliance at the seller server school; and(2) an individual responsible for the day-to-day management and operations at the seller server school.(e) The applicant must sign and verify that:(1) the applicant has authority to act on behalf of all owners;(2) the applicant has personally completed or reviewed the application and has personal knowledge of and is responsible for its content;(3) all parts of the application that apply are complete;(4) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted;(5) the applicant acknowledges that an application for a certificate is a government document and is subject to verification by the commission; and(6) the applicant acknowledges that providing false or misleading information or omitting a material fact may result in the refusal of the application, cancellation of a certificate, or criminal prosecution.(f) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.(g) An applicant must:(1) keep an exact copy of the application submitted to the commission; and(2) complete and correct any deficiencies within ten business days after being notified of the deficiency.", "sourceNote": "Source Note: The provisions of this §50.19 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective June 14, 2023, 48 TexReg 2939." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214062", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.20", "label": "Application for Branch In-House Seller Server School Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212374", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Subsections (b) - (1) of this section apply to applications for branch classroom-based in-house seller server school certificates. Subsections (m) - (y) of this section apply to applications for branch internet-based in-house or branch mobile application in-house seller server school certificates.(b) An applicant for an original classroom-based in-house branch seller server school certificate must be an applicant for or currently hold a primary in-house seller server school certificate.(c) An applicant for a branch classroom-based in-house seller server school certificate renewal or change of ownership must hold a current primary in-house seller server school certificate.(d) An applicant may submit one or more applications for a branch classroom-based in-house seller server school certificate, but each application must be separately completed and submitted on forms provided by the commission.(e) The owners, shareholders, officers and directors of the primary in-house seller server school and the branch classroom-based in-house seller server school must be the same.(f) The application for a branch classroom-based in-house seller server school certificate must designate:(1) a certified trainer responsible for the oversight, operation, training, and compliance at the branch classroom-based in-house seller server school; and(2) an individual responsible for the day-to-day operations and management of the branch classroom-based in-house seller server school.(g) A personal history sheet must be completed and submitted with the application for each trainer and responsible individual if the individual has not previously provided a personal history sheet with the original or renewal application for the primary in-house seller server school.(h) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.(i) Additional information may be required by the commission to verify ownership or qualifications of an applicant or individual.(j) The applicant must sign and verify that:(1) the applicant has authority to act on behalf of all owners;(2) the applicant has personally completed or reviewed the application and has personal knowledge of and is responsible for its content;(3) all parts of the application that apply are complete;(4) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted;(5) the applicant acknowledges that an application for a certificate is a government document and is subject to verification by the commission; and(6) the applicant acknowledges that providing false or misleading information or omitting a material fact may result in the refusal of the application, cancellation of a certificate, or criminal prosecution.(k) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.(l) An applicant must:(1) keep an exact copy of the application submitted to the commission; and(2) complete and correct any deficiencies within ten business days after being notified of the deficiency.(m) A branch internet-based in-house training school certificate is required for each domain that offers a different course of instruction from the course of instruction approved on the designated primary domain.(n) A branch mobile application in-house training school certificate is required for each delivery platform supported on mobile phones, PDAs, tablets or other delivery device approved by the commission. For a branch mobile application seller server school:(1) the mandatory curriculum may be completed with or without Internet access;(2) the Commission Standard Competence Test and all unit testing must be completed through an internet or intranet connection; and(3) the Commission Standard Competence Test and all unit testing may not be stored in the mobile application nor on any device not directly managed by the Primary Seller Server Training School.(o) An applicant for an original internet-based or mobile application in-house branch seller server school certificate must be an applicant for or currently hold a primary in-house seller server school certificate.(p) An applicant for an internet-based or mobile application in-house branch seller server school certificate renewal or change of ownership must hold a current primary in-house seller server school certificate.(q) An applicant may submit one or more applications for a branch internet-based or mobile application in-house seller server school certificate, but each application must be separately completed and submitted on forms provided by the commission.(r) The owners, shareholders, officers and directors of the primary in-house seller server school and the branch internet-based or mobile application in-house seller server school must be the same.(s) The application for a branch internet-based or mobile application in-house seller server school certificate must designate:(1) a certified trainer responsible for the oversight, operation, training, and compliance at the branch in-house seller server school; and(2) an individual responsible for the day-to-day operations and management of the branch in-house seller server school.(t) A personal history sheet must be completed and submitted with the application for each trainer and responsible individual if the individual has not previously provided a personal history sheet with the original or renewal application for the primary in-house seller server school.(u) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.(v) Additional information may be required by the commission to verify ownership or qualifications of an applicant or individual.(w) The applicant must sign and verify that:(1) the applicant has authority to act on behalf of all owners;(2) the applicant has personally completed or reviewed the application and has personal knowledge of and is responsible for its content;(3) all parts of the application that apply are complete;(4) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted;(5) the applicant acknowledges that an application for a certificate is a government document and is subject to verification by the commission; and(6) the applicant acknowledges that providing false or misleading information or omitting a material fact may result in the refusal of the application, cancellation of a certificate, or criminal prosecution.(x) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.(y) An applicant must:(1) keep an exact copy of the application submitted to the commission; and(2) complete and correct any deficiencies within ten business days after being notified of the deficiency.", "sourceNote": "Source Note: The provisions of this §50.20 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2271; amended to be effective June 14, 2023, 48 TexReg 2939." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212374", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.21", "label": "Renewal Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212375", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for renewal of a certificate issued under this subchapter must be submitted on forms provided by the commission. The applicant must verify that the individual owner, or a designated representative of the owning legal entity, has attended any mandatory training offered or sponsored by the commission, and has completed the commission's train the trainer course and passed the final exam for that course with a score of 80% or better, during the term of the expiring certificate.(b) Any information that has changed since the original or last renewal application was submitted must be completed and corrected on forms provided for an original application.(c) Except as otherwise provided by subsection (d) of this section, a renewal application must be submitted before the date the certificate expires.(d) Notwithstanding subsection (c) of this section, the commission may accept a renewal application and the certificate holder may continue to operate for 30 days following the expiration date, if:(1) neither the primary nor any associated branch school is currently under a suspension order; and(2) the required fees and late fee are submitted with the renewal application.(e) A certificate holder who fails to submit a renewal as required by this section or pay the required fees must apply for an original application.(f) A certificate issued under this subchapter may not be renewed if the school has not held at least 20 sessions during the term of the expiring certificate.", "sourceNote": "Source Note: The provisions of this §50.21 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2271; amended to be effective February 13, 2023, 48 TexReg 662." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212375", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.22", "label": "Expiration and Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214063", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Primary seller server school certificate.(1) A primary certificate will expire on the second anniversary of the date it is issued.(2) The two-year fee for an original primary certificate is $1000.(3) The two-year fee for a renewal primary certificate is $500.(4) A late fee of $100 must be submitted with a renewal application submitted after the date the certificate expired if the application is received within 30 days after the date of expiration. If the renewal application and fees are not received during the 30day period, the applicant must apply and pay the fee for an original primary certificate.(5) No fees will be refunded after a certificate is issued.(6) Fees cannot be prorated for a term of less than two years.(7) Applications must be completed within one year of the date the application was received by the commission, or the application shall be deemed void. All fees are nonrefundable.(8) If the applicant does not meet the deadline established in paragraph (7) of this subsection, the applicant must reapply for a new certificate by complying with requirements and procedures, including payment of fees.(b) Branch seller server school certificate.(1) A branch certificate will expire on the date the primary certificate expires.(2) The two-year fee for each original classroom based or classroom-based in-house branch certificate is $200, and for each internet-based or mobile application in-house branch certificate is $50.(3) The two-year fee for each renewal classroom based or classroom-based in-house branch certificate is $100, and for each internet-based or mobile application in-house branch certificate is $25.(4) Fees for branch certificates that will expire in less than two years as a result of the primary certificate's expiration are not prorated.(5) Applications must be completed within one year of the date the application was received by the commission, or the application shall be deemed void. All fees are nonrefundable.(6) If the applicant does not meet the deadline established in paragraph (5) of this subsection, the applicant must reapply for a new certificate by complying with requirements and procedures, including payment of fees.(c) No certificate will be issued until all fees and late fees are paid. A fee is paid on the date funds are available and transferred from the applicant's account.(d) The filing fee for a change of ownership is $100.", "sourceNote": "Source Note: The provisions of this §50.22 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2271; amended to be effective February 13, 2023, 48 TexReg 662." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214063", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.23", "label": "Change of Ownership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224688", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A change of ownership is any agreement to transfer ownership or control of a school. A change of control is presumed if:(1) more than 50% of an individual owner's interest is sold or transferred;(2) more than 50% of a legal entity's interest is sold or transferred; or(3) there is a change in directors, officers, shareholders, or other governing body that results in significant changes in operations, management, or key instructors.(b) A certificate issued under this subchapter may not be sold or transferred to an individual or legal entity not currently listed on the application.(c) Individuals and legal entities currently listed on a certificate application may purchase, sell, or transfer ownership or an interest in the certificate, but only to another listed owner.(d) A sale or transfer of an ownership interest in a school that does not result in a change of control under subsection (a) of this section does not require an original application. The sale or transfer is effective upon submission of:(1) a change of ownership form;(2) documents providing evidence of the sale or transfer; and(3) payment of the required fee.(e) A sale or transfer that results in a change of ownership in a primary seller server school as described in subsection (a) of this section requires submission of an original application.(f) The sale or transfer of an ownership interest in a branch school certificate to an individual or legal entity not currently the primary school permit holder requires the purchaser to submit an original application for a primary school certificate.", "sourceNote": "Source Note: The provisions of this §50.23 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective June 14, 2023, 48 TexReg 2939." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224688", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "C", "label": "SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS" }, "rule": { "number": "§50.24", "label": "Notice of Change of Location" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212370", "queryAsDate": "03/11/2026" }, "ruleBody": "The holder of a certificate issued under this subchapter must maintain a current mailing address, telephone number, and email address on file with the Seller/Server Training Division. The holder shall file any changes to its mailing address, telephone number, or email address within seven (7) business days of the change, through the agency-designated reporting system or by mailing the Seller/Server Training Division at TABC, P.O. Box 13127, Austin, Texas 78711.", "sourceNote": "Source Note: The provisions of this §50.24 adopted to be\r\neffective January 1, 2011, 35 TexReg 7054; amended to be effective\r\nFebruary 13, 2023, 48 TexReg 662; amended to be effective April 14,\r\n2025, 50 TexReg 2381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212370", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "D", "label": "SELLER SERVER TRAINER CERTIFICATE" }, "rule": { "number": "§50.25", "label": "Seller Server Trainer Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147122", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicant Minimum Qualifications. An applicant for an original or renewal seller server trainer certificate must:(1) submit documentation issued by an agency of the United States, this or another state of the United States that proves the applicant is a United States citizen or is legally authorized to work in the United States at the time of application;(2) not be disqualified to receive a seller server school certificate under §50.12 of this chapter;(3) be at least 21 years of age;(4) submit a completed application on a commission approved form;(5) pay the fee required for a seller server trainer certificate; and(6) not have had a final disposition of a felony conviction within five years of the date of application.(b) The commission may deny an application for an original or renewal seller server trainer certificate if the applicant has been convicted of or served deferred adjudication for:(1) any felony offense;(2) any controlled substance offense in the Health and Safety Code Chapter 481;(3) any firearm or deadly weapon offense in Penal Code Chapter 46;(4) any prostitution offense in Penal Code Chapter 43;(5) any gambling offense in Penal Code Chapter 47;(6) any human trafficking offense in Penal Code Chapter 20A;(7) any fraud offense in Penal Code Chapters 32 or 35;(8) any money laundering offense in Penal Code Chapter 34; or(9) any violation of the Alcoholic Beverage Code.(c) An applicant for an original seller server trainer certificate must submit with the application:(1) a certificate of completion issued by the provider of the commission standard train the trainer course and pass the final exam with a score of 80% or better; and(2) documentation establishing that the applicant has at least:(A) 2 years' experience in teaching or training; or(B) 15 hours of post-secondary education in a related field.(d) Expiration and Fees.(1) A seller server trainer certificate will expire on the second anniversary of the date it is issued.(2) The two-year fee for an original seller server trainer certificate is $100, and for a renewal is $50.(3) A late fee of $50 must be submitted with a renewal application submitted after the date the certificate expired.(4) No fees will be refunded after a certificate is issued.(5) Fees cannot be prorated for a term of less than two years.(6) Applications must be completed within one year of the date the application was received by the commission, or the application shall be deemed void. All fees are nonrefundable.(7) If the applicant does not meet the deadline established in paragraph (6) of this subsection, the applicant must reapply for a new certificate by complying with requirements and procedures, including payment of fees.(e) The holder of a seller server trainer certificate may renew the certificate if:(1) a renewal application is submitted, on forms provided by the commission, prior to the expiration of the current certificate;(2) the required two-year fee is submitted with the application;(3) the applicant verifies that the applicant attended all mandatory training offered or sponsored by the commission and completed the commission's liquor law course during the two-year term of the expiring certificate; and(4) the applicant has instructed at least 20 sessions during the term of the expiring certificate.(f) Notwithstanding subsection (e)(1) of this section, the commission may accept a renewal application and the seller server trainer certificate holder may continue to operate for 30 days following the expiration date of the certificate, if:(1) the holder of the seller server trainer certificate is not currently under a suspension order; and(2) the required fees and late fees are submitted with the renewal application.", "sourceNote": "Source Note: The provisions of this §50.25 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2271; amended to be effective February 13, 2023, 48 TexReg 662." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147122", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "D", "label": "SELLER SERVER TRAINER CERTIFICATE" }, "rule": { "number": "§50.26", "label": "Trainer Standards and Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147123", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The holder of a seller server trainer certificate is qualified to:(1) apply for a seller server school certificate issued under this chapter; and(2) be employed by a certified seller server school to teach the mandatory curriculum to individuals seeking a seller server certificate.(b) The holder of a seller server trainer certificate must:(1) ensure that no more than 50 students attend a session of a classroom-based course of instruction, unless the course is being offered by an internet-based school;(2) require each student to sign a roster of class attendance before instruction begins;(3) ensure that each student attends each segment of training;(4) instruct on all required topics;(5) administer, monitor, and grade the Commission Standard Competence Test;(6) document the test results;(7) complete, sign, and issue seller server certificates to students who pass the test, on the date and location of the session; and(8) ensure that all students who successfully complete the session and pass the Commission Standard Competence Test are reported to the commission as required by this chapter:(A) by timely delivering all information, documents, and test results to the seller server school for entry in the commission's database; or(B) by entering the information in the commission's database.(9) conduct himself in an ethical, professional, and lawful manner;(10) provide students with the rules of conduct and requirements of the course, and the consequences of breaking rules or failing to meet the requirements;(11) remain in the classroom at all times except during breaks;(12) provide instruction on all topics and subjects included in the mandatory curriculum and maintain a pace that will ensure a high quality of instruction and comprehension by students;(13) make reasonable use of visual aids and demonstrations but not allow these tools to be a substitute for trainer participation;(14) avoid the use of language or conduct that would be offensive to a reasonable person;(15) verify all students' qualifications to receive a certificate, unless the course is being offered by an internet-based school;(16) provide the required number of minutes of instruction;(17) issue no more than 50 seller server certificates for a single session;(18) not issue a seller server certificate or provide instruction on a date when the school's or instructor's certification is expired, suspended or cancelled;(19) require a student to correctly answer 70% of the questions asked on the Commission Standard Competence Test before issuing a seller server certificate to the student;(20) not use, disclose, or sell personal or financial information obtained from a student or the commission for a purpose or in a manner not authorized by this chapter;(21) not falsify, alter or destroy a record required by the commission, regardless of whether there was intent to deceive the commission or another;(22) not violate any section of this chapter or the standard practices of the commission that, in the opinion of the commission, warrant suspension or cancellation;(23) not engage in an ongoing course of conduct or activities that undermine the purpose and intent of this chapter;(24) implement control and security measures to protect personal or financial information obtained from a student or the commission from accidental, intentional, or malicious use or disclosure; or(25) not counterfeit a certificate issued under this chapter.(c) The commission, after notice and hearing, may suspend or cancel a seller server trainer certificate if the quality of instruction falls below minimum commission standards as determined by the commission through:(1) direct observation of instruction by commission auditors or agents;(2) consistent failure of the trainer to impart basic knowledge and understanding to students, as measured by student failures, student violations, or student surveys or reports; or(3) complaints received from any person.", "sourceNote": "Source Note: The provisions of this §50.26 adopted to be effective January 1, 2011, 35 TexReg 7054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147123", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "D", "label": "SELLER SERVER TRAINER CERTIFICATE" }, "rule": { "number": "§50.27", "label": "Suspension or Cancellation of Seller Server Trainer Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164979", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission, after notice and hearing, may suspend or cancel a seller server trainer certificate if the trainer fails to satisfy a requirement of §50.31 of this chapter or violates any provision of this chapter.", "sourceNote": "Source Note: The provisions of this §50.27 adopted to be effective January 1, 2011, 35 TexReg 7054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164979", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "E", "label": "SELLER SERVER CERTIFICATES" }, "rule": { "number": "§50.28", "label": "Verification and Expiration of Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147125", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission can only issue an affidavit verifying that a seller server certificate has been issued to a student if:(1) the request for verification includes the student's name, date of birth, and a commission-approved personal identification number; or(2) the request for verification includes the student's name, date of birth, and the certificate number of the certificate that is the subject of the verification request, if a commission-approved personal identification number is not available.(b) A certificate issued under this chapter will expire on the second anniversary of the date it is issued.", "sourceNote": "Source Note: The provisions of this §50.28 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective December 12, 2013, 38 TexReg 9021." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147125", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "E", "label": "SELLER SERVER CERTIFICATES" }, "rule": { "number": "§50.29", "label": "Seller Server Certificate Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147126", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To receive a seller server certificate from a seller server school certified under this chapter, a student must:(1) complete either a 120-minute classroom-based course of instruction or an internet-based, self-paced course of instruction;(2) complete all required topics of the commission standard competence curriculum; and(3) pass the Commission Standard Competence Test.(b) It is the student's responsibility to verify whether a school or trainer is certified. The certification status of the school or may be verified at the commission's website.(c) The commission will not refund any fees paid to a seller server school or instructor.", "sourceNote": "Source Note: The provisions of this §50.29 adopted to be effective January 1, 2011, 35 TexReg 7054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147126", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "E", "label": "SELLER SERVER CERTIFICATES" }, "rule": { "number": "§50.30", "label": "Void and Voidable Seller Server Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213751", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A seller server certificate is void if:(1) the certificate is a forgery or false document; or(2) the certificate has been altered.(b) A seller server certificate is voidable if:(1) the school records were entered in error, or the certificate was issued in error and the name on the face of the numbered certificate and the commission records for the numbered certificate do not match;(2) the issuing school did not have a current school certificate;(3) the school's certificate was suspended at the time the certificate was issued;(4) the school did not require the individual to participate in a course of instruction that included the commission standard competence curriculum before the certificate was issued; or(5) the school did not require the individual to take and pass the Commission Standard Competence Test.(c) If a seller server certificate is voidable under subsection (b) of this section, the school shall:(1) resolve the error;(2) provide remediation for the affected certificate holders; and(3) report corrected information to the commission within ten business days.(d) A school must give notice to each individual holding a void or voidable certificate under this section.(e) If a school ceases to exist, all unused certificates held by the school are voided. No refund will be made for certificates voided under this subsection.", "sourceNote": "Source Note: The provisions of this §50.30 adopted to be effective January 1, 2011, 35 TexReg 7054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213751", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "E", "label": "SELLER SERVER CERTIFICATES" }, "rule": { "number": "§50.31", "label": "Revocation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198998", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may revoke a Seller Server certificate under the conditions set forth in this section.(1) If the holder of a Seller Server Certificate sells or serves an alcoholic beverage to a minor or intoxicated person, the certificate holder must be recertified within 30 days of the violation. Recertification requires completing a course of instruction offered by a certified school and passing the Commission Standard Competence Test. If the certificate holder is not recertified within 30 days of the violation, the commission may revoke the certificate.(2) If the holder of a Seller Server Certificate sells or serves an alcoholic beverage to a minor or intoxicated person a second time within a 12-month period, the commission may revoke the certificate. The certificate holder cannot be recertified for a period of 90 days. Recertification requires completing a course of instruction offered by a certified school and passing the Commission Standard Competence Test.(3) If the holder of a Seller Server Certificate sells or serves an alcoholic beverage to a minor or intoxicated person a third time within a 12-month period, the commission may revoke the certificate. The certificate holder cannot be recertified for a period of one year. Recertification requires completing a course of instruction offered by a certified school and passing the Commission Standard Competence Test.(4) If the holder of a Seller Server Certificate provided false identification to a seller server school or trainer, including, but not limited to, name, social security number, or birth date, the commission may revoke the certificate. The certificate holder cannot be recertified.(5) If the holder of a Seller Server Certificate did not successfully complete a course of instruction offered by a certified school or did not pass the Commission Standard Competence Test, the commission may revoke the certificate.(b) Before the commission may revoke a Seller Server Certificate, the commission must give notice to the holder of the certificate that he or she has the right to request a hearing, but that he or she must make such request within 21 days after the receipt of the notice of violation.", "sourceNote": "Source Note: The provisions of this §50.31 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2272; amended to be effective June 14, 2023, 48 TexReg 2939." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198998", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "F", "label": "CONSUMER DELIVERY" }, "rule": { "number": "§50.32", "label": "Alcohol Delivery Driver Training Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209154", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall develop and offer to the public an alcohol delivery driver training program. A person who completes the program will be granted a delivery driver certificate valid for two years from the date of completion of the training program.(b) The commission may combine the alcohol delivery driver training program with other certifications offered by the commission.(c) In accordance with Alcoholic Beverage Code §57.08(c), it is a rebuttable presumption that a sale or delivery of an alcoholic beverage to a minor or an intoxicated person was not made with criminal negligence if the delivery driver:(1) at the time of the delivery held a valid certification from the commission's alcohol delivery driver training program; and(2) completed the delivery as a result of a technical malfunction of an alcohol delivery compliance software application that otherwise meets the requirements established by the commission.(d) The commission may suspend or revoke an alcohol delivery driver's certificate for failure to pay the fee for the certification training program, and if the driver:(1) is determined to be less than 21 years of age;(2) does not hold a current, valid driver's license;(3) is charged with a crime; or(4) violates any statute or rule under the commission's jurisdiction.", "sourceNote": "Source Note: The provisions of this §50.32 adopted to be effective April 14, 2020, 45 TexReg 2410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209154", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "3", "label": "TEXAS ALCOHOLIC BEVERAGE COMMISSION" }, "chapter": { "number": "50", "label": "ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING" }, "subchapter": { "number": "F", "label": "CONSUMER DELIVERY" }, "rule": { "number": "§50.33", "label": "Alcohol Delivery Compliance Software Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183031", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. In this section, the term \"software application\" means an alcohol delivery compliance software application.(b) To qualify for limitations on liability for the actions of its delivery drivers under Alcoholic Beverage Code §57.08 by using a software application, a consumer delivery permit holder must require its drivers to use a software application when delivering alcoholic beverages that meets the minimum requirements of this rule.(c) The software application must enable the delivery driver to:(1) access electronically readable data from a government issued driver's license or identification card;(2) manually enter the birthdate of the holder of the driver's license or identification card, in the event that the information cannot be read electronically for any reason;(3) provide an affirmation electronically that at the time of delivery, the person accepting the alcoholic beverage deliver:(A) does not display signs of intoxication;(B) presents a valid, unexpired government-issued driver's license or identification card; and(C) is 21 years of age or older;(4) cancel the transaction in the event that delivery is not completed;(5) indicate the reason for any non-delivery of alcoholic beverage(s), which at a minimum must include the options to select:(A) person receiving the delivery displayed signs of intoxication;(B) person receiving the delivery failed to present a valid, unexpired government-issued driver's license or identification card demonstrating that the holder is at least 21 years of age; or(C) unable to complete delivery within a reasonable amount of time after leaving the retailer's premises, which is now closed; and(6) record the disposition of any undelivered alcohol.(d) Delivery address verification.(1) The consumer delivery permit holder is responsible for ensuring the type of alcoholic beverage ordered can legally be delivered to the delivery address (wet/dry status). This may be accomplished automatically, either during the online ordering process or by the software application, or by the delivery driver, using the software application.(2) If the consumer delivery permit holder's online ordering process or the software application automatically verifies that the type of alcoholic beverage ordered can legally be delivered to the delivery address, the software application must enable the delivery driver to affirm that the delivery address is the same address entered during the online ordering process.(3) The mechanism or program employed to comply with this section must use, at a minimum, publicly available information provided by the commission regarding the eligibility for sale of each type of alcohol to the delivery address.(e) In addition to all other requirements of this rule, a software application used in the delivery of alcohol to a consumer pursuant to Alcoholic Beverage Code §28.1001 must enable the delivery driver to affirm that:(1) the amount of distilled spirits delivered does not exceed 375 milliliters;(2) all alcoholic beverages are delivered in containers sealed by the manufacturer; and(3) food was delivered concurrently with the alcoholic beverage(s).(f) The software application must use industry standard mechanisms to authenticate the identity of each delivery driver using the software application. At a minimum, the software application must use a generally accepted single-factor authentication method to verify the identity of the user, such as a password or biometric identification.(g) The consumer delivery permit holder must maintain the following information for each transaction and must provide it to the commission upon request:(1) whether the consumer passed or failed age verification, based on either the reading of the electronically readable data from the driver's license or identification card or manual entry of the birthdate on the driver's license or identification card presented at the time of delivery;(2) the physical address to which the alcoholic beverage was delivered;(3) the specific alcoholic beverage(s) or type(s) of alcohol delivered (e.g., malt beverages, wine, and/or distilled spirits);(4) time stamps for when the order was received, when the delivery driver obtained the alcoholic beverages from the retailer, and when the alcoholic beverages were either delivered to the consumer or the transaction was canceled;(5) information related to the disposition of undelivered alcoholic beverages; and(6) the software application compliance features used on the date of the transaction.(h) The information listed in subsection (g) of this section:(1) must be stored for at least six months; and(2) if the information is the subject of an ongoing commission enforcement action, must be stored in the consumer delivery permit holder's usual manner until the enforcement action is closed.(i) Information from a government-issued driver's license or identification card accessed under this section must be maintained and used in a manner compliant with Alcoholic Beverage Code §109.61.(j) The consumer delivery permit holder may submit its software application compliance features to the commission for review prior to rollout of the initial version, and at any time the software application compliance features are updated in a manner that may impact its compliance with the requirements of this rule. The commission will provide the permit holder with an opinion as to whether the software application compliance features meet rule requirements or need changes to come into compliance.(k) The commission may perform periodic audits to verify compliance with this rule.", "sourceNote": "Source Note: The provisions of this §50.33 adopted to be effective June 6, 2022, 47 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183031", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§55.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183032", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapter 51 and Texas Government Code, Chapters 2156, 2161, 2260, and 2261. This chapter applies except in the event of a conflict with other statutory provisions related to specific programs regulated by the Commission and the Department.", "sourceNote": "Source Note: The provisions of this §55.1 adopted to be effective July 1, 2009, 34 TexReg 4323, amended to be effective March 1, 2017, 42 TexReg 674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183032", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§55.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141099", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) ALJ--Administrative law judge employed by the State Office of Administrative Hearings.(2) Alternative Dispute Resolution (ADR) Administrator--The trained coordinator designated by the Commission:(A) to coordinate and oversee the negotiated rulemaking and ADR procedures used by the Department;(B) to serve as a resource for any training needed to implement the negotiated rulemaking and ADR procedures; and(C) to collect data concerning the effectiveness of the negotiated rulemaking and ADR procedures. The ADR Administrator also may conduct ADR proceedings.(3) Alternative Dispute Resolution (ADR) Procedures--Alternative processes to judicial forums or administrative agency contested case proceedings for the voluntary settlement of contested matters through the facilitation of an impartial third-party.(4) Claim--A demand for damages by the contractor based upon the Department's alleged breach of the contract.(5) Commission--Texas Commission of Licensing and Regulation.(6) Contested case or proceeding--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Commission and/or Executive Director after an opportunity for adjudicative hearing.(7) Counterclaim--A demand by the Department relating to the contractor's claim.(8) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day which is not one of these days should be counted as the required day for purpose of this chapter.(9) Department--Texas Department of Licensing and Regulation.(10) Financial Services Division--The division of the department tasked with performing the functions of accounting, budgeting, purchasing, contract management, and financial reporting.(11) Financial Services Division Director--The person who directs and oversees the functions of the Financial Services Division.(12) General Counsel--The attorney designated by the Texas Department of Licensing and Regulation, who provides legal representation to the Commission and the Department.(13) Interested parties--All persons who have timely submitted bids or proposals to provide goods or services pursuant to a contract with the Department or who have requested in writing to the Department to be notified of a vendor protest.(14) Mediation--A confidential, informal dispute resolution process in which an impartial person, the mediator, facilitates communication between or among the parties to promote reconciliation, settlement, or understanding among them.(15) Mediator--The person who presides over a mediation proceeding. The mediator shall encourage and assist the parties in reaching a settlement but may not compel or coerce the parties to enter into a settlement agreement. The mediator may be a Department employee, an employee from another Texas state agency, or a person in the mediation profession who is not a Texas state employee (\"private mediator\").(16) Parties--The contractor and the Department, having entered into a contract in connection with which a claim of breach of contract has been filed under Subchapter D.(17) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision.(18) Protesting Party--Any actual or prospective bidder, offeror, proposer, or contractor who submits a protest to the Department under Subchapter C.(19) Purchasing Officer--A Departmental employee who has received certification as a Texas Public Purchaser and who is responsible for assisting with Departmental purchases, and who has been designated the Purchasing Officer for the purchase in question.", "sourceNote": "Source Note: The provisions of this §55.10 adopted to be effective July 1, 2009, 34 TexReg 4323, amended to be effective March 1, 2017, 42 TexReg 674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141099", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "B", "label": "PROCUREMENTS" }, "rule": { "number": "§55.20", "label": "Historically Underutilized Businesses Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141100", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Texas Government Code, Chapter 2161, §2161.003, the Commission adopts by reference the rules of the Texas Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter B.", "sourceNote": "Source Note: The provisions of this §55.20 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141100", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "B", "label": "PROCUREMENTS" }, "rule": { "number": "§55.30", "label": "Bid Opening and Tabulation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission adopts by reference the rules of the Texas Comptroller of Public Accounts in 34 TAC §20.35.(b) The adoption of this rule is required by Texas Government Code, §2156.005(d).", "sourceNote": "Source Note: The provisions of this §55.30 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141101", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "C", "label": "VENDOR PROTESTS" }, "rule": { "number": "§55.40", "label": "Protest Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141102", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A protesting party who wishes to submit a grievance regarding the solicitation, evaluation, or award of a contract may formally protest to the Purchasing Officer. Such protests must be in writing and received by the Purchasing Officer within 10 business days after the protesting party knows, or should have known, of the occurrence of the action which is protested. Filed protests must conform to the requirements of this subsection and subsection (c), and shall be resolved in accordance with the procedure set forth in subsections (d) - (j). Copies of the protest must be mailed, hand-delivered or sent by facsimile transmission to the Purchasing Officer and other interested parties.(b) In the event of a timely protest under this section, the Department shall not proceed further with the solicitation or with the award of the contract unless the Executive Director, after consultation with the Purchasing Officer and the General Counsel, makes a written determination that the award of the contract without delay is necessary to protect the best interests of the Department and the State.(c) Formal protest must be sworn and contain:(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1);(3) a precise statement of the relevant facts;(4) identification of the issue or issues the protesting party argues must be resolved;(5) argument and authorities the protesting party offers in support of the protest; and(6) a statement that copies of the protest have been mailed, hand-delivered or sent by facsimile transmission to the Department and all other identifiable interested parties.(d) The Purchasing Officer shall have the authority, prior to an appeal to the Executive Director to settle and resolve the dispute concerning the solicitation or award of a contract. The Purchasing Officer may solicit written responses to the protest from interested parties.(e) If the protest is not resolved by mutual agreement, the Purchasing Officer may proceed, after consultation with the General Counsel, with the issuance of a written determination on the protest as follows:(1) The Purchasing Officer may determine that no violation of rules or statutes has occurred and shall so inform the protesting party, the Executive Director, and any other interested parties by letter that includes the reasons for the determination.(2) If the Purchasing Officer determines that a violation of the rules or statutes may have occurred in a case where a contract has not been awarded, the Purchasing Officer shall so inform the protesting party, the Executive Director and other interested parties by letter that includes the reasons for the determination and the appropriate remedial action.(3) If the Purchasing Officer determines that a violation of the rules or statutes may have occurred in a case where a contract has been awarded, the Purchasing Officer shall so inform the protesting party, the Executive Director and other interested parties by letter that includes the reasons for the determination, which may include a declaration that the contract is void.(f) The protesting party may appeal a determination of a protest by the Purchasing Officer to the Executive Director. An appeal of the Purchasing Officer's determination must be in writing and must be received in the Department's office no later than 10 business days after the date of the Purchasing Officer's determination. The appeal shall be limited to a review of the Purchasing Officer's determination. Copies of the appeal must be mailed or delivered by the protesting party to the Purchasing Officer and other interested parties and must contain a certified statement that such copies have been provided.(g) The Executive Director may confer with the General Counsel in a review of the matter appealed. The Executive Director has the discretion to consider documentation timely submitted by Departmental staff and interested parties. The Executive Director also has the discretion to refer the matter to the Commission for consideration at a regularly scheduled open meeting or may go forward with issuing a written decision on the protest.(h) If a protest is appealed to the Executive Director under subsection (f) and thereafter is referred to the Commission by the Executive Director under subsection (g), specific requirements apply as follows:(1) The Executive Director shall deliver copies of the appeal and responses of interested parties, if any, to the Commission.(2) The Commission may consider documents that Departmental staff or interested parties have submitted and may confer with the General Counsel in their review of the appeal.(3) The Commission's determination of the appeal shall be made on the record and reflected in the minutes of the open meeting, and shall be final.(i) A protest or appeal that is not filed timely will not be considered unless good cause for the delay is shown or unless the Executive Director determines that a protest or appeal raises issues significant to procurement practices or procedures.(j) A decision issued either by the Commission in open meeting, or in writing by the Executive Director, shall be the final administrative action of the Department.", "sourceNote": "Source Note: The provisions of this §55.40 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141102", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.50", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141103", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the words and terms defined in §55.10, other words and terms, when used in this subchapter, shall have the meaning assigned by Texas Government Code, Chapter 2260, unless the context clearly indicates otherwise.(b) This subchapter applies to claims for breach of contract asserted by a contractor against the Department under Texas Government Code, Chapter 2260.(c) This subchapter does not apply to contracts:(1) between the Department and the federal government or its agencies, another state, or another nation;(2) between the Department and another unit of state government;(3) between the Department and a local governmental body, or a political subdivision of another state;(4) between a subcontractor and a contractor;(5) within the exclusive jurisdiction of state or local regulatory bodies;(6) within the exclusive jurisdiction of federal courts or regulatory bodies; or(7) that are funded solely by federal grant funds.", "sourceNote": "Source Note: The provisions of this §55.50 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141103", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.51", "label": "Prerequisites to Suit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141104", "queryAsDate": "03/11/2026" }, "ruleBody": "The procedures contained in this subchapter and Subchapter E are exclusive and required prerequisites to suit against the Department under Texas Civil Practice and Remedies Code, Chapter 107 and Texas Government Code, Chapter 2260.", "sourceNote": "Source Note: The provisions of this §55.51 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.52", "label": "Sovereign Immunity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148527", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter does not waive the Department's sovereign immunity to suit or liability.", "sourceNote": "Source Note: The provisions of this §55.52 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148527", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.53", "label": "Notice of Claim for Breach of Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148528", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contractor asserting a claim of breach of contract under Texas Government Code, Chapter 2260, shall file notice of the claim as provided by this section.(b) The notice of claim shall:(1) be in writing and signed by the contractor or the contractor's authorized representative;(2) be delivered by hand, certified mail return receipt requested or certified mail with electronic return receipt, or other verifiable delivery service, to the department officer designated in the contract to receive a notice of claim of breach of contract under Texas Government Code, Chapter 2260; if no person is designated in the contract, the notice shall be delivered to the department; and(3) state in detail:(A) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and(C) the legal theory of recovery, i.e., breach of contract, including the relationship between the alleged breach and the damages claimed.(c) The notice of claim shall be delivered no later than 180 days after the date of the event that the contractor asserts as the basis of the claim.", "sourceNote": "Source Note: The provisions of this §55.53 adopted to be effective July 1, 2009, 34 TexReg 4323; amended to be effective October 15, 2010, 35 TexReg 9078." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148528", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.54", "label": "Department Counterclaim" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141109", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the department asserts a counterclaim under Texas Government Code, Chapter 2260, the department shall file notice of the counterclaim as provided by this section.(b) The notice of counterclaim shall:(1) be in writing;(2) be delivered by hand, certified mail return receipt requested or certified mail with electronic return receipt, or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and(3) state in detail:(A) the nature of the counterclaim;(B) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(C) the legal theory supporting the counterclaim.(c) The notice of counterclaim shall be delivered to the contractor no later than 60 days after the department's receipt of the contractor's notice of claim.(d) Nothing herein precludes the department from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.", "sourceNote": "Source Note: The provisions of this §55.54 adopted to be effective July 1, 2009, 34 TexReg 4323; amended to be effective October 15, 2010, 35 TexReg 9078." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141109", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.55", "label": "Duty to Negotiate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141110", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties shall negotiate in accordance with the timetable set forth in §55.56 to attempt to resolve all claims and counterclaims filed under this subchapter. No party is obligated to settle with the other party as a result of the negotiation. The parties may agree to mediate a claim in accordance with Subchapter E.", "sourceNote": "Source Note: The provisions of this §55.55 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141110", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.56", "label": "Timetable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Following receipt of a contractor's notice of claim, the Department or designated representative shall review the contractor's claim and the Department's counterclaim, if any, and initiate negotiations with the contractor to attempt to resolve the claim and counterclaim.(b) Subject to subsection (c), the parties shall begin negotiations within a reasonable period of time, not to exceed 120 days after the date the Department receives the contractor's notice of claim.(c) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadline set forth in subsection (b).(d) Subject to subsection (e), the parties shall complete the negotiations that are required by this subchapter as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the Department receives the contractor's notice of claim.(e) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the Department receives the contractor's notice of claim. The agreement shall be signed by representatives of the parties with authority to bind each respective party.(f) The contractor may request a contested case hearing before the State Office of Administrative Hearings (SOAH) pursuant to §55.61 after the 270th day after the Department receives the contractor's notice of claim, or the expiration of any extension agreed to under subsection (e).(g) The parties may agree to mediate the dispute at any time before the 120th day after the Department receives the contractor's notice of claim and before the expiration of any extension agreed to by the parties pursuant to subsection (e). The mediation shall be governed by Subchapter E.(h) Nothing in this section is intended to prevent the parties from commencing negotiations earlier than the deadline established in subsection (b), or from continuing or resuming negotiations after the contractor requests a contested case hearing before SOAH.", "sourceNote": "Source Note: The provisions of this §55.56 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141111", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.57", "label": "Conduct of Negotiation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141112", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A negotiation under this division may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties. The parties may conduct negotiations with the assistance of one or more neutral third parties. The parties may choose to mediate their dispute in accordance with Subchapter E.(b) To facilitate meaningful evaluation and negotiation of the claims and any counterclaims, the parties may exchange relevant documents that support their respective claims, defenses, counterclaims or positions.(c) The Department may also negotiate, mediate, or settle with a contractor concerning any assertion by a contractor which does not constitute either a notice of claim or a claim under this subchapter or Texas Government Code, Chapter 2260. Such actions by the Department do not constitute a waiver of sovereign immunity or of statutory or regulatory requirements for a notice of claim.", "sourceNote": "Source Note: The provisions of this §55.57 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.58", "label": "Settlement Approval Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141113", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §55.58 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141113", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.59", "label": "Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141114", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.(b) To be enforceable, a settlement agreement must be in writing and signed by the Department, or the Department's authorized representative, and a representative of the contractor who has authority to bind the contractor.(c) A partial settlement does not waive a contractor's rights under Texas Government Code, Chapter 2260, as to the parts of the claim that are not resolved.", "sourceNote": "Source Note: The provisions of this §55.59 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141114", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.60", "label": "Cost of Negotiation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141115", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorneys' fees, consultant's fees and expert's fees.", "sourceNote": "Source Note: The provisions of this §55.60 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141115", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "D", "label": "NEGOTIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.61", "label": "Contested Case Hearings for Contract Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141107", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a claim of breach of contract is not resolved in its entirety through negotiation or mediation in accordance with this subchapter or Subchapter E on or before the 270th day after the Department receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §55.56(e), the contractor may file a request with the Department for a contested case hearing before State Office of Administrative Hearings (SOAH).(b) A request for a contested case hearing must state the legal and factual basis for the claim and must be delivered to the Department within 90 days after the 270th day or the expiration of any written extension agreed to pursuant to §55.56(e).(c) The Department shall forward the contractor's request for contested case hearing to the SOAH within a reasonable period of time, not to exceed 30 days, after receipt of the request. Referral of a request for hearing to SOAH does not constitute waiver by the Department of statutory or regulatory requirements for the notice of claim, the claim, or the request for hearing.(d) The parties may agree to submit the case to the SOAH before the 270th day after the notice of claim is received by the Department if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.(e) Contested case hearings shall be conducted in compliance with Texas Government Code, Chapter 2260, this subchapter, and the rules and procedures of the SOAH applicable to hearings on contract claims.(f) Provisions of Chapter 60 of this title, regarding requests for and conduct of contested case hearings, do not apply to hearings conducted under this subchapter.", "sourceNote": "Source Note: The provisions of this §55.61 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141107", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.70", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the words and terms defined in §55.10, other words and terms, when used in this subchapter, shall have the meaning assigned by Texas Government Code, Chapter 2260, unless the context clearly indicates otherwise.(b) This subchapter applies to claims for breach of contract asserted by a contractor against the Department under Texas Government Code, Chapter 2260.(c) This subchapter does not apply to contracts:(1) between the Department and the federal government or its agencies, another state, or another nation;(2) between the Department and another unit of state government;(3) between the Department and a local governmental body, or a political subdivision of another state;(4) between a subcontractor and a contractor;(5) within the exclusive jurisdiction of state or local regulatory bodies;(6) within the exclusive jurisdiction of federal courts or regulatory bodies; or(7) that are funded solely by federal grant funds.", "sourceNote": "Source Note: The provisions of this §55.70 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.71", "label": "Prerequisites to Suit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141116", "queryAsDate": "03/11/2026" }, "ruleBody": "The procedures contained in this subchapter and Subchapter D are exclusive and required prerequisites to suit against the Department under Texas Civil Practice and Remedies Code, Chapter 107 and Texas Government Code, Chapter 2260.", "sourceNote": "Source Note: The provisions of this §55.71 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.72", "label": "Sovereign Immunity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141117", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter does not waive the Department's sovereign immunity to suit or liability.", "sourceNote": "Source Note: The provisions of this §55.72 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141117", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.73", "label": "Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141118", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties may agree to mediate, through an impartial third party who is acceptable to both parties, a claim filed under Subchapter D. The parties may be assisted in the mediation by legal counsel or other individual.", "sourceNote": "Source Note: The provisions of this §55.73 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141118", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.74", "label": "Appointment of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141119", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each claim referred for mediation, the ADR Administrator shall:(1) preside over the mediation proceeding;(2) assign a Departmental mediator;(3) appoint a mediator from another state agency; or(4) appoint a private mediator.(b) A private mediator may be hired provided that:(1) the parties unanimously agree to use a private mediator;(2) the parties unanimously agree to the selection of the person to serve as the private mediator; and(3) the private mediator agrees to be subject to the direction of the ADR Administrator and to all time limits imposed by the ADR Administrator, statute or regulation.(c) If a private mediator or a mediator from another state agency is used, the costs for the services of the mediator shall be apportioned equally among the parties, unless otherwise agreed upon by the parties, and shall be paid directly to the mediator.(d) Unless the parties agree otherwise in writing, each party shall be responsible for its own costs incurred in connection with the mediation, including without limitation, costs of document reproduction, attorney's fees, consultant fees and expert fees.(e) The ADR Administrator may assign a substitute or additional mediator to a proceeding as the ADR Administrator deems necessary.", "sourceNote": "Source Note: The provisions of this §55.74 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141119", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.75", "label": "Qualifications of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141124", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All mediators must have completed a minimum of 40 hours of Texas mediation training as prescribed under Texas Civil Practices and Remedies Code, Chapter 154.(b) All mediators shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.", "sourceNote": "Source Note: The provisions of this §55.75 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141124", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.76", "label": "Disqualifications of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141125", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the mediator is a State Office of Administrative Hearings ALJ, that person will not also sit as the ALJ for the case if the claim goes to hearing.(b) If the mediator is an employee of the Department and the dispute does not settle, that mediator will not have any further contact or involvement concerning the claim.", "sourceNote": "Source Note: The provisions of this §55.76 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141125", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.77", "label": "Qualified Immunity of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141126", "queryAsDate": "03/11/2026" }, "ruleBody": "The mediator shall have the qualified immunity prescribed by the Texas Civil Practice and Remedies Code §154.055, if applicable.", "sourceNote": "Source Note: The provisions of this §55.77 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141126", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.78", "label": "Confidentiality of Mediation and Final Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141120", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A mediation conducted under this division is confidential in accordance with Texas Government Code, §2009.054 and Texas Civil Practice and Remedies Code §154.053 and §154.073.(b) The confidentiality of a final settlement agreement, to which the Department is a signatory that is reached as a result of the mediation is governed by the Public Information Act, Texas Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §55.78 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141120", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.79", "label": "Settlement Approval Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141121", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties' settlement approval procedures shall be disclosed by the parties prior to the mediation. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §55.79 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141121", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.80", "label": "Initial Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141122", "queryAsDate": "03/11/2026" }, "ruleBody": "Any settlement agreement reached during mediation shall be signed by representatives of the contractor and the Department, and shall describe any procedures that the parties must follow to obtain final and binding approval of the agreement.", "sourceNote": "Source Note: The provisions of this §55.80 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141122", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.81", "label": "Final Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141123", "queryAsDate": "03/11/2026" }, "ruleBody": "A final settlement agreement reached during or as a result of a mediation that resolves an entire claim or counterclaim, or any designated and severable portion of a claim or counterclaim, shall comply with §55.59.", "sourceNote": "Source Note: The provisions of this §55.81 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141123", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "E", "label": "MEDIATION OF CERTAIN CONTRACT DISPUTES" }, "rule": { "number": "§55.82", "label": "Referral to State Office of Administrative Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "182989", "queryAsDate": "03/11/2026" }, "ruleBody": "If mediation does not resolve the claim to the satisfaction of the contractor, the contractor may request that the claim be referred to State Office of Administrative Hearings in accordance with §55.61.", "sourceNote": "Source Note: The provisions of this §55.82 adopted to be effective July 1, 2009, 34 TexReg 4323." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "182989", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "F", "label": "CONTRACT MONITORING" }, "rule": { "number": "§55.100", "label": "Contract Monitoring Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "182990", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Government Code, §2261.202.(b) Contract monitoring shall be conducted by staff of the financial services division, subject to the oversight of the financial services division director.(c) Subject to the oversight of the financial services division director, internal auditors and staff of the financial services division shall perform any additional contract monitoring specifically directed by the audit committee of the commission, or warranted by the results of the Department's annual risk assessment.", "sourceNote": "Source Note: The provisions of this §55.100 adopted to be effective March 1, 2017, 42 TexReg 674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "182990", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "F", "label": "CONTRACT MONITORING" }, "rule": { "number": "§55.101", "label": "Enhanced Contract Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213154", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Government Code, §2261.253(c).(b) For each contract entered into by the department, the financial services division director, or his or her designee, will determine if enhanced monitoring of the contract or the contractor's performance is required.(c) In determining whether a contract requires enhanced monitoring, the following factors may be considered, to the extent applicable:(1) The estimated dollar amount of the contract;(2) The total contract period, including renewal options;(3) The extent and number of persons impacted by the contract;(4) The impact to the department and the state if contract deliverables are delayed, or if the contractor fails to deliver as required in the contract;(5) The complexity of funding sources for the contract;(6) The complexity of requirements and resources to be managed pursuant to the contract;(7) The extent of department resources readily available to manage the contract;(8) The impact of the contract on the health and safety of the general public;(9) The impact on the department's business processes;(10) The complexity of the methodology for calculating and making payments under the contract;(11) The extent of training required for end users as a result of the contract;(12) The vendor's experience delivering the contracted goods or services, and, if applicable, the vendor's performance under previous department contracts; and(13) With regard to a technology contract, the level of software customization required and the impact on existing technology applications or infrastructure.(d) The financial services division director, or his or her designee, shall maintain a record of all contracts requiring enhanced monitoring. Contracts identified for enhanced monitoring shall be reported to the commission at least quarterly.(e) The financial services division director shall notify the commission immediately of any serious issue or risk that is identified with respect to a contract requiring enhanced monitoring.", "sourceNote": "Source Note: The provisions of this §55.101 adopted to be effective March 1, 2017, 42 TexReg 674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213154", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "G", "label": "MANAGEMENT OF VEHICLES" }, "rule": { "number": "§55.110", "label": "Vehicle Management Plan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213155", "queryAsDate": "03/11/2026" }, "ruleBody": "To the extent applicable, the department adopts the Texas State Vehicle Fleet Management Plan developed by the Office of Vehicle Fleet Management, Statewide Procurement Division of the Texas Comptroller of Public Accountants.", "sourceNote": "Source Note: The provisions of this §55.110 adopted to be effective March 30, 2023, 48 TexReg 1636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213155", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "G", "label": "MANAGEMENT OF VEHICLES" }, "rule": { "number": "§55.111", "label": "Motor Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213156", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each department vehicle, except a vehicle assigned to a field employee or a vehicle used for undercover activities, or a vehicle used for surveillance activities, must be assigned to the department motor pool.(b) A vehicle assigned to the department motor pool must be available for check-out, as needed and as available.(c) A vehicle assigned to the department motor pool must be used whenever possible, rather than relying on a rental vehicle or employee reimbursement for the use of a personal vehicle.", "sourceNote": "Source Note: The provisions of this §55.111 adopted to be effective March 30, 2023, 48 TexReg 1636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213156", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "55", "label": "RULES FOR ADMINISTRATIVE SERVICES" }, "subchapter": { "number": "G", "label": "MANAGEMENT OF VEHICLES" }, "rule": { "number": "§55.112", "label": "Assignment of Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117642", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department must assign a vehicle to a specific user location, organizational unit, or individual, to properly account for, track, and monitor the vehicle.(b) If the department assigns a vehicle to an individual administrative or executive employee, on a permanent or daily basis, the department must keep on file a document signed by the executive director stating that the assignment is critical to the mission of the department.", "sourceNote": "Source Note: The provisions of this §55.112 adopted to be effective March 30, 2023, 48 TexReg 1636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117642", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "59", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§59.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214878", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of Texas Occupations Code, §51.405.", "sourceNote": "Source Note: The provisions of this §59.1 adopted to be effective November 24, 2004, 29 TexReg 10765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214878", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "59", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§59.3", "label": "Purpose and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180096", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated to establish continuing education provider and course requirements for the following occupations regulated by the Department of Licensing and Regulation:(1) Air conditioning and refrigeration contractors, as provided by Texas Occupations Code, Chapter 1302. Additional continuing education requirements relating to air conditioning and refrigeration contractors may be found in Chapter 75 of this title.(2) Auctioneers, as provided by Texas Occupations Code, Chapter 1802. Additional continuing education requirements relating to auctioneers may be found in Chapter 67 of this title.(3) Barbers and Cosmetologists, as provided by Texas Occupations Code, Chapter 1603. Additional continuing education requirements relating to barbers and cosmetologists may be found in Chapter 83 of this title.(4) Electricians, as provided by Texas Occupations Code, Chapter 1305. Additional continuing education requirements relating to electricians may be found in Chapter 73 of this title.(5) Elevator contractor responsible party and registered elevator inspector, as provided by Texas Health and Safety Code, Chapter 754, Subchapter B. Additional continuing education requirements relating to responsible parties may be found in Chapter 74 of this title.(6) Property tax consultants, as provided by Texas Occupations Code, Chapter 1152. Additional continuing education requirements relating to property tax consultants may be found in Chapter 66 of this title.(7) Towing operators, as provided by Texas Occupations Code, Chapter 2308. Additional continuing education requirements relating to towing operators may be found in Chapter 86 of this title.(8) Water well drillers and pump installers, as provided by Texas Occupations Code, Chapters 1901 and 1902. Additional continuing education requirements relating to water well drillers and pump installers may be found in Chapter 76 of this title.", "sourceNote": "Source Note: The provisions of this §59.3 adopted to be effective November 24, 2004, 29 TexReg 10765; amended to be effective June 1, 2005, 30 TexReg 3093; amended to be effective December 8, 2005, 30 TexReg 8060; amended to be effective December 1, 2006, 31 TexReg 9601; amended to be effective January 12, 2009, 34 TexReg 200; amended to be effective January 1, 2014, 38 TexReg 9501; amended to be effective October 1, 2016, 41 TexReg 7257; amended to be effective January 1, 2023, 47 TexReg 8626; amended to be effective August 31, 2023, 48 TexReg 4641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180096", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "59", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§59.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180097", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Commission--The Texas Commission of Licensing and Regulation.(2) Continuing Education Courses or Courses--Department-approved courses that may be completed to satisfy continuing education requirements.(3) Continuing Education Provider or Provider--A person registered by the department to offer continuing education courses, in any occupation that offers continuing education.(4) Current on the Payment--A provider applicant or provider is considered current on the payment of any required fees or administrative penalties if the provider applicant or provider is making payments as provided by an agreed payment schedule with the department.(5) Day--A calendar day.(6) Department--The Texas Department of Licensing and Regulation.", "sourceNote": "Source Note: The provisions of this §59.10 adopted to be effective November 24, 2004, 29 TexReg 10765; amended to be effective October 1, 2016, 41 TexReg 7257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180097", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "59", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§59.20", "label": "Provider Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180098", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Continuing education providers must be registered with the department to provide or offer to provide continuing education courses.(b) To register, an applicant shall:(1) file a completed application on the appropriate department-approved form;(2) pay all applicable fees;(3) be current on the payment of any unpaid required fees, including record fees, or administrative penalties; and(4) demonstrate the capability to meet the requirements of this chapter and other applicable department requirements.", "sourceNote": "Source Note: The provisions of this §59.20 adopted to be effective November 24, 2004, 29 TexReg 10765; amended to be effective October 1, 2016, 41 TexReg 7257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180098", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "59", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§59.21", "label": "Provider Registration Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180099", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Provider registrations are valid for one year and may be renewed at the end of each registration period.(b) To renew a registration, a provider shall:(1) file a completed application for renewal on the appropriate department-approved form;(2) pay all applicable fees; and(3) be current on the payment of any unpaid required fees, including record fees, or administrative penalties.(c) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).", "sourceNote": "Source Note: The provisions of this §59.21 adopted to be effective November 24, 2004, 29 TexReg 10765; amended to be effective October 1, 2016, 41 TexReg 7257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180099", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "59", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§59.30", "label": "Continuing Education Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180100", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each continuing education course offered by a provider must be approved by the department before being offered.(b) A provider must obtain a separate course approval for each occupation (electrician, auctioneer, etc.) which will be awarded continuing education credit for a particular course.(c) Except as provided in subsection (d) of this section, course approvals are valid for one year and must be submitted annually for approval.(d) If a provider's registration expires, all course approvals for that provider expire upon the expiration of the registration.(e) To obtain approval of a course, a provider must file a completed application on the appropriate department-approved form with all applicable fees.(f) Each application for course approval shall be accompanied by:(1) subject matter outline, including time allotted for each segment; and(2) copies of course materials such as textbooks, videos, tapes, handouts, study materials, and any additional documentation.(g) Course materials must have the following characteristics:(1) appropriate grammar, spelling and punctuation;(2) appropriate illustrations and graphics to show concepts not easily explained in words; and,(3) a comprehensive presentation of subject matter intended to increase or maintain the skills or competence of the Licensee.(h) Unless commission rules relating to continuing education requirements for a specific occupation provide otherwise, continuing education courses shall cover one or more of the following aspects in the area of licensure:(1) technical,(2) business,(3) health,(4) safety,(5) legal, or,(6) other relevant topics approved by the department.(i) Courses designed specifically to promote a manufacturer's product will not be considered for approval.(j) Upon approval the department will determine the number of hours of continuing education credit for a course.(k) One hour of continuing education credit is equivalent to 50 minutes of actual instruction time.(l) The department may approve courses in increments of less than one hour of continuing education credit.(m) To determine whether a provider is complying with the requirements of this chapter, department employees and representatives may conduct on-site audits of a provider and any continuing education courses offered by a provider. Audits may be conducted without prior notice to the provider, and department employees and representatives may enroll and attend a course without identifying themselves as employees or representatives of the department.(n) Department employees and representatives performing an audit may not be required to pay any fee to a provider for enrolling in or attending a course.(o) The department may not approve a continuing education course from a provider that is past due or not current on the payment of any unpaid required fees, including record fees, or administrative penalties.", "sourceNote": "Source Note: The provisions of this §59.30 adopted to be effective November 24, 2004, 29 TexReg 10765; amended to be effective October 1, 2016, 41 TexReg 7257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180100", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "59", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§59.51", "label": "Responsibilities of Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provider must ensure that courses are delivered in a manner conducive to learning.(b) A provider must include in all advertisements for a continuing education course the provider's number and the course number assigned to it by the department. Provider web page announcements concerning courses are considered advertisements for purposes of this rule.(c) A provider must ensure that instructors possess both the subject matter knowledge they are teaching as well as the teaching ability required to impart the information.(d) No later than 15 days after the course completion date, a provider must issue to each participant who attended the entire course a certificate of completion that includes the following information:(1) name and number of course;(2) course completion date;(3) provider name and number;(4) number of hours of continuing education credit for which the course is approved;(5) signature of the provider representative; and(6) name, license type and license number of the participant who attended.(e) A provider must submit to the department, on the appropriate department-approved form, a course completion report no later than seven days after the course completion date. The report shall include the following information:(1) name and number of course;(2) course completion date;(3) provider name and number;(4) the location where the course was taught;(5) the number of participants to whom a certificate was issued;(6) the name, license type and license number of each participant to whom a certificate of completion was issued; and(7) the total amount of continuing education record fees owed to the department, if any.(f) A provider must retain participant course completion records for a period of two years after completion of a course.(g) Upon request, a provider shall provide to a participant, within ten days of the date of the request, copies of the participant's records. A reasonable fee to cover copying costs may be charged to the participant.(h) Upon request, a provider shall provide information, including copies of specified records, to the department within ten days of the date of the request.(i) A provider shall cooperate fully with the department, its employees and representatives in the investigation of a complaint or performance of an audit.(j) A provider may not publish false or misleading advertisements.(k) An advertisement which contains a fee charged by a provider shall display all fees for the course in the same place in the advertisement and with the same degree of prominence. If the provider requires participants to purchase course materials which are not included in the tuition, such fees must appear in the advertisement.(l) Providers are responsible for the conduct and administration of their courses, including the punctuality of classroom sessions, verification of participant attendance and instructor performance. Providers shall ensure that their courses are administered in substantially the same manner as represented in the application for course approval.(m) A provider must pay all required fees, including record fees, or administrative penalties, in a manner prescribed by the department.(n) Upon notification by the department that a provider is past due or not current on the payment of any unpaid required fees, including record fees, or administrative penalties, a provider may not enroll a participant in a continuing education course without department approval.", "sourceNote": "Source Note: The provisions of this §59.51 adopted to be effective November 24, 2004, 29 TexReg 10765; amended to be effective October 1, 2016, 41 TexReg 7257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180101", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "59", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§59.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180102", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Provider application fee--$200.(b) Provider renewal application fee--$200.(c) Course-approval fee per occupation--$100.(d) Revised/Duplicate License/Certificate/Permit/Registration--$25.(e) Record fee, if required--$5 per licensee.(f) All fees paid to the department are non-refundable.", "sourceNote": "Source Note: The provisions of this §59.80 adopted to be effective November 24, 2004, 29 TexReg 10765; amended to be effective March 1, 2014, 39 TexReg 1133; amended to be effective October 1, 2016, 41 TexReg 7257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180102", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "59", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§59.90", "label": "Sanctions--Administrative Sanctions and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211476", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a person violates any provision of this chapter, or any provision of a statute or rule administered by the department, or a commission or executive director order, the department may assess administrative penalties pursuant to Texas Occupations Code, §51.301 and §51.302 or administrative sanctions pursuant to Texas Occupations Code, §51.353.(b) Any of the following actions by a person is a violation of this chapter and may result in the assessment of administrative penalties or administrative sanctions against the person:(1) Changing a program teaching method or course content without the approval of the department;(2) Issuing a certificate of completion to an individual who did not complete the approved course;(3) Refusing to issue a certificate of completion to an individual who has satisfactorily completed an approved course;(4) Fraud or misrepresentation in an application process for provider registration or course approval;(5) Fraud or misrepresentation regarding maintenance of records, teaching method, program content, or issuance of certificates;(6) Failing to cooperate with the department in an investigation or audit; or(7) Failing to pay the department all required fees, including record fees, or administrative penalties.(c) An order of suspension issued under this section may be probated upon reasonable terms and conditions as determined by the commission or executive director.(d) A person will have an opportunity for an administrative hearing pursuant to the provisions of Chapter 2001, Government Code if the department proposes to assess any administrative penalties or sanctions.", "sourceNote": "Source Note: The provisions of this §59.90 adopted to be effective November 24, 2004, 29 TexReg 10765; amended to be effective October 1, 2016, 41 TexReg 7257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211476", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§60.1", "label": "Authority and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213611", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter is promulgated under the authority of Texas Occupations Code, Chapter 51 and other state laws applicable to state agencies.(b) This chapter applies to each program regulated by the commission and the department. The provisions of this chapter are in addition to all other statutes and rules that apply to a specific program. The provisions of this chapter apply except in the event of a conflict with specific statutes and rules governing a specific program.", "sourceNote": "Source Note: The provisions of this §60.1 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213611", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§60.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211477", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Advisory Board--A board, committee, council, or other entity with multiple members that has as its primary function advising the commission or the department.(2) ALJ--Administrative law judge employed by the State Office of Administrative Hearings.(3) Alternative Dispute Resolution (ADR) Administrator--The trained coordinator designated by the commission to coordinate and oversee the negotiated rulemaking and ADR procedures used by the department; to serve as a resource for any training needed to implement the negotiated rulemaking and ADR procedures; and to collect data concerning the effectiveness of the negotiated rulemaking and ADR procedures. The ADR Administrator also may conduct ADR proceedings, serve as a mediator, or appoint other persons to serve as mediators. The department's general counsel or the general counsel's designee is designated by the commission to serve as the ADR Administrator.(4) Alternative Dispute Resolution (ADR) Procedures or Process--The umbrella term that includes different types of alternative processes to judicial forums or administrative agency contested case proceedings for the voluntary settlement of contested matters through the facilitation of an impartial third-party. Mediation is one type of alternative dispute resolution (ADR) process.(5) APA--The Administrative Procedure Act, Texas Government Code, Chapter 2001.(6) Applicant--Any person seeking a license from the department.(7) Commission--Texas Commission of Licensing and Regulation.(8) Complainant--Any person who has filed a complaint with the department against any person whose activities are subject to the jurisdiction of the commission and the department.(9) Contested case --A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by the commission or the executive director after an opportunity for adjudicative hearing.(10) Department--Texas Department of Licensing and Regulation.(11) Director of Enforcement--The person who directs and oversees investigations, prosecutions, and other activities of the enforcement division of the department.(12) Emergency--Any of the following events that prevent a person from taking a scheduled examination:(A) death of a spouse or family member within the second degree of consanguinity;(B) personal medical necessity;(C) medical necessity of a spouse or dependent; or(D) severe weather or act of God that prevents the person from reaching the examination site.(13) Executive Director--The head administrative official of the department.(14) License--A license, certificate, registration, title, commission, or permit issued by the department.(15) License holder--A person who holds a license issued by the department.(16) Mediation--A confidential, informal dispute resolution process in which an impartial person, the mediator, facilitates communication between or among the parties to promote reconciliation, settlement, or understanding among them. Mediation is one type of alternative dispute resolution (ADR) process.(17) Mediator--The impartial person who presides over a mediation. The mediator may be a department employee, an employee from another Texas state agency, or a person in the mediation profession who is not a Texas state employee.(18) Negotiated Rulemaking--A consensus-based process prescribed under Texas Government Code, Chapter 2008, in which the department develops a proposed rule by using a neutral facilitator and a balanced negotiating committee composed of representatives of all interests that the rule will affect including those interests represented by the department itself.(19) Party--A person or state agency named or admitted as a party to participate in a contested case.(20) Penalty or Administrative Penalty--A monetary fine imposed by the commission or the executive director on a license holder or other person who has violated this chapter or a statute or rule governing a program regulated by the department.(21) Person--Any individual, partnership, corporation, organization, association, or other legal entity, including a state agency or governmental subdivision.(22) Presiding Officer--The commission member designated by the Governor to serve as the lead commission official as defined under Texas Occupations Code §51.056.(23) Respondent--Any person, regardless of whether the person is licensed or unlicensed, who is charged with violating a law establishing a regulatory program administered by the department or a rule adopted by or an order issued by the commission or the executive director.(24) Rule--Any commission statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the commission or the department.(25) Sanction--An action by the commission or executive director against a license holder or another person, including the denial, suspension, or revocation of a license, the reprimand of a license holder, the placement of a license holder on probation, or refusal to renew.(26) SOAH--State Office of Administrative Hearings.", "sourceNote": "Source Note: The provisions of this §60.10 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective August 15, 2014, 39 TexReg 5746; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211477", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "B", "label": "POWERS AND RESPONSIBILITIES" }, "rule": { "number": "§60.20", "label": "General Powers and Duties of the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211478", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall have primary responsibility for policy-making activities including but not limited to:(1) setting fees;(2) adopting rules;(3) imposing sanctions and penalties; and(4) issuing final orders in contested cases.(b) The commission shall have the sole responsibility for the adoption of rules proposed by the department or the commission.(c) The commission shall provide reasonable accommodations, as required by the Americans with Disabilities Act of 1990, Public Law 101-336 and any subsequent amendments, for the public to participate in the programs regulated by the department.(d) Upon request, the commission shall provide reasonable access to persons who do not speak English to the programs regulated by the department.", "sourceNote": "Source Note: The provisions of this §60.20 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211478", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "B", "label": "POWERS AND RESPONSIBILITIES" }, "rule": { "number": "§60.21", "label": "Commission Meetings--Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227240", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Every regular, special, or called meeting of the commission shall be announced and conducted in accordance with Texas Government Code, Chapter 551, Open Meetings Act. These meetings shall be open to the public as provided by the Open Meetings Act.(b) Meetings will be conducted according to the current edition of Robert's Rules of Order Newly Revised in all instances to which they are applicable as long as they are not inconsistent with the Texas Constitution or the statutes or rules applicable to the commission. Any Robert's Rules of Order Newly Revised may be modified as deemed necessary by the presiding officer for the proper conduct of the meeting subject to an objection by a commission member.(c) A quorum of the commission is four members, which is a majority of all the members of the commission as designated by statute. When a quorum is present, a motion before the commission is carried by an affirmative vote of the majority of the commission members present that are participating in the vote.(d) As a member of the commission, the presiding officer may make motions without the necessity of relinquishing the chair subject to an objection from a commission member.(e) The department staff may use the commissioners' electronic signatures on written orders and decisions for actions taken during the commission meeting, unless otherwise directed.(f) The presiding officer may limit the number and length of comments provided on any item on the agenda subject to an objection from a commission member.(g) The commission shall provide the public with a reasonable opportunity to address the commission on issues under the commission's jurisdiction.(1) A person who wants to speak during a commission meeting must register in accordance with the commission meeting instructions. The person may speak during the public comment portion of the meeting, or, at the discretion of the presiding officer, during the discussion of a specific agenda item.(2) The commission or the department may provide instructions regarding the presentation of public comments during a commission meeting.", "sourceNote": "Source Note: The provisions of this §60.21 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227240", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "B", "label": "POWERS AND RESPONSIBILITIES" }, "rule": { "number": "§60.22", "label": "General Powers and Duties of the Department and the Executive Director." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222318", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director shall have primary responsibility to manage the operations and administration of the department and its programs as provided by Texas Occupations Code, Chapter 51 and other applicable law, including but not limited to:(1) issuing and renewing licenses;(2) resolving complaints;(3) conducting investigations and inspections;(4) imposing sanctions and administrative penalties for agreed orders and default orders;(5) approving, administering, or providing for the administration of exams; and(6) entering into reciprocity agreements with licensing authorities in other jurisdictions.(b) The executive director may approve agreed orders and default orders in contested cases and shall have authority to issue other orders as provided by law or as delegated by the commission.(c) The department may propose rules for publication in the Texas Register as delegated by the commission.(d) The executive director may implement any executive orders or proclamations declaring a state of disaster issued by the governor under Texas Government Code, Chapter 418, to suspend or amend existing statutes and rules.(1) The executive director will notify the commission of the department's actions to comply with the governor's executive orders or proclamations.(2) The executive director and the department will implement the governor's executive orders or proclamations within the existing authority of Texas Occupations Code, Chapter 51, the rules in this chapter, and the laws and rules of the programs regulated by the commission and the department.(e) For any license that expires during a state of disaster declared by the governor under Texas Government Code, Chapter 418, or the following recovery period, the executive director may issue to the license holder an emergency license under Texas Occupations Code §51.408. The executive director may implement policies as necessary to administer this subsection. The holder of an emergency license issued under this subsection is not required to post or display the emergency license.", "sourceNote": "Source Note: The provisions of this §60.22 adopted to be\r\neffective July 1, 2009, 34 TexReg 4326; amended to be effective September\r\n1, 2021, 46 TexReg 5393; amended to be effective January 1, 2023,\r\n47 TexReg 8627; amended to be effective January 15, 2026, 51 TexReg\r\n122." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222318", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "B", "label": "POWERS AND RESPONSIBILITIES" }, "rule": { "number": "§60.23", "label": "Commission and Executive Director--Imposing Sanctions and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219461", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission or executive director may sanction a license holder, applicant, or other person, if the person:(1) obtains or attempts to obtain a license by fraud or false representation;(2) falsifies any document submitted to the department or commission;(3) permits the use or display of a license by a person not authorized by law to use that license;(4) has a conviction, a deferred adjudication, or other criminal history that affects license eligibility as prescribed under Subchapter D; or(5) violates Texas Occupations Code, Chapter 51, a law establishing a regulatory program administered by the department, or a rule or order of the commission or the executive director.(b) The commission or executive director may:(1) issue a written reprimand;(2) revoke, suspend, or deny the person's license;(3) place on probation a person whose license has been suspended or revoked;(4) issue a restricted license to the person in accordance with Texas Occupations Code, Chapter 51, Subchapter G;(5) refuse to renew the person's license;(6) impose administrative penalties against the person after considering the factors set forth in Texas Occupations Code §51.302(b);(7) order the payment of a refund to a consumer as prescribed under Texas Occupations Code §51.359; or(8) take a combination of actions under paragraphs (1) - (7).(c) If the suspension or revocation of a license is probated, the commission or executive director may require the person to:(1) report regularly to the department on matters that are the basis of the probation;(2) limit practice to the areas prescribed by the commission or executive director;(3) complete professional education until the person attains a degree of skill satisfactory to the commission or executive director in those areas that are the basis for the probation; or(4) complete any other remedial actions agreed to by the parties.(d) If a person has outstanding administrative penalties, the department may place a hold on the person's license and the person may not renew the license until the administrative penalties are paid.", "sourceNote": "Source Note: The provisions of this §60.23 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 1, 2020, 45 TexReg 533; amended to be effective January 1, 2023, 47 TexReg 8627; amended to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219461", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "B", "label": "POWERS AND RESPONSIBILITIES" }, "rule": { "number": "§60.24", "label": "Advisory Boards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222313", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise provided by law, the presiding officer of the commission, with the commission's approval, shall appoint the members of each advisory board.(b) The purpose, duties, manner of reporting, and membership requirements of each advisory board are detailed in the statutes and rules of the specific program regulated by the department.(c) In accordance with Texas Occupations Code §51.209, Texas Government Code, Chapter 2110 does not apply to an advisory board established to advise the commission or the department.", "sourceNote": "Source Note: The provisions of this §60.24 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective October 15, 2010, 35 TexReg 9079; amended to be effective January 15, 2013, 38 TexReg 136; amended to be effective October 17, 2014, 39 TexReg 8075; amended to be effective October 1, 2016, 41 TexReg 7480; amended to be effective January 1, 2022, 46 TexReg 9018; amended to be effective July 1, 2024, 49 TexReg 4772." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222313", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "C", "label": "LICENSE APPLICATIONS AND RENEWALS" }, "rule": { "number": "§60.30", "label": "Initial License Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222314", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for an initial license must submit all required information, documents, and fees in a form and manner prescribed by the department. The department may request additional information as part of the application process, if necessary.(b) Incomplete Initial Application. An applicant who submits an incomplete application has one year from the date the application is received by the department to submit any missing information, documents, and/or fees.(1) If the applicant contends that the application is complete and meets the legal requirements for licensure, and the department disagrees, the department will provide the applicant with an opportunity to request a license determination based on the information and documents that have been submitted. If the department denies the application, the department will send a denial letter under subsection (f), and the applicant may request a hearing.(2) After one year, an incomplete application shall expire. The applicant must start the license application process over and submit a new application with all required information, documents, and fees as prescribed under subsection (a).(c) Insufficient or Not Qualified Initial Application. If an applicant provides a complete application that is determined insufficient in meeting the license requirements or if the applicant is determined not qualified to obtain the license, the department will send a denial letter under subsection (f) and the applicant may request a hearing.(d) Criminal History Background Checks - Initial Applications.(1) Individual license. An applicant is subject to a criminal history background check pursuant to Occupations Code, Chapters 51 and 53; Government Code, Chapter 411, Subchapter F; the statutes and rules of the specific program; and the department's criminal conviction guidelines. An applicant must submit fingerprints for a background check if required under the specific program statute.(2) Business license. An individual associated with the business is subject to a criminal history background check, if required under the specific program statute.(3) Failure to pass a criminal history background check under subsection (d)(1) or (d)(2) may result in denial and/or revocation of the license.(e) Applicants with Foreign Transcripts or Foreign Degrees.(1) An applicant with a transcript in a language other than English (foreign transcript) must submit a transcript and a certified translation when applying for licensure.(A) The foreign transcript must be translated to English to determine if it meets the requirements for licensure for the particular license sought.(B) The transcript must be translated by the issuing institution or a translator that is certified by the American Translators Association.(C) The applicant must bear all expenses incurred during the translation process.(2) An applicant with a degree that was earned at a university in a U.S. territory or a foreign country (foreign degree) must submit a foreign degree evaluation and verification when applying for licensure.(A) The foreign degree must be evaluated on a course-by-course basis to determine if it meets the requirements for licensure for the particular license sought.(B) The foreign degree evaluation must be conducted by a foreign degree evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or the Association of International Credential Evaluators, Inc. (AICE).(C) The applicant must bear all expenses incurred during the evaluation process.(3) The department retains the exclusive authority to determine whether or not to accept a foreign transcript or a foreign degree for licensure.(f) Denial of Initial License Application or Examination. If the department proposes to deny an initial license application or proposes to deny an applicant the opportunity to take an examination, the denial is considered to be a contested case, and the rules under Subchapter I shall apply.", "sourceNote": "Source Note: The provisions of this §60.30 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222314", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "C", "label": "LICENSE APPLICATIONS AND RENEWALS" }, "rule": { "number": "§60.31", "label": "License Renewal Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222326", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) License Renewal Notices.(1) The department will send a license renewal notice to the license holder at least 30 days before the license expiration date.(2) Non-receipt of a license renewal notice does not exempt a person from any requirements of this chapter or the statute or rules governing the specific program. It is the responsibility of the license holder to timely renew the license.(b) A license holder renewing a license must submit all required information, documentation, and fees in a form and manner prescribed by the department. The department may request additional information as part of the renewal process, if necessary.(c) To renew and maintain continuous licensure, the license holder must complete the following requirements before the expiration date of the license:(1) complete all the renewal requirements for the particular license, including any continuing education requirements, if applicable, as prescribed under this chapter and the statutes and rules governing a specific program; and(2) pay the required renewal fee as prescribed in the rules for the specific program.(d) If a license holder completes all the renewal requirements for the particular license and pays the required renewal fee as prescribed under subsection (c), the license will not expire, and there will not be a gap in licensure.(e) If a license holder does not complete all the renewal requirements for the particular license and pay the required renewal fee as prescribed under subsection (c), the license will expire. A person with an expired license may not perform any act that requires a license under this chapter or the statute or rules governing the specific program.(f) Criminal History Background Checks - Renewal Applications.(1) Individual license. A license holder is subject to a criminal history background check pursuant to Occupations Code, Chapters 51 and 53; Government Code, Chapter 411, Subchapter F; the statutes and rules of the applicable program; and the department's criminal conviction guidelines.(2) Business license. An individual associated with the business is subject to a criminal history background check if required under the specific program statute.(3) Failure to pass a criminal history background check under (f)(1) or (f)(2) may result in denial and/or revocation of the license.(g) Late Renewals.(1) A person whose license has expired may late renew the license within the time periods set out in Texas Occupations Code §51.401.(2) A person who late renews a license must:(A) complete all the renewal requirements for the particular license, including any required continuing education, if applicable, as prescribed under this chapter and the statutes and rules governing a specific program; and(B) pay the required late renewal fee as prescribed under §60.83, if the standard renewal fee for the particular license was not paid before the license expired.(3) A late renewal means the person will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any act that requires a license under this chapter or the statutes and rules governing the specific program.(4) A person may not apply for a new license of the same type if the expired license is still within the late renewal time periods set out in Texas Occupations Code §51.401. A person is not eligible for a new license if the existing license is still eligible to be late renewed.(h) Expired License Beyond Late Renewal Deadlines. Except as provided by subsection (i), if a person does not meet the late renewal deadlines established in Texas Occupations Code §51.401, the person must apply for a new license by complying with the requirements and procedures for obtaining an original license, including any examination requirements and the payment of fees. For a license that requires an examination, the person must retake any licensing examinations required to apply for a new license. Any previous licensing examination results will not be accepted.(i) Previously Licensed in Texas and Currently Licensed in Another State. Pursuant to Texas Occupations Code §51.401(e), a person who was previously licensed in Texas, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new Texas license without reexamination. The person must pay to the department a fee that is equal to two times the required renewal fee for the license as prescribed in the rules for the specific program.(j) Denial of License Renewal Application. If the department proposes to deny a license renewal application, the denial is considered to be a contested case, and the rules under Subchapter I shall apply.", "sourceNote": "Source Note: The provisions of this §60.31 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222326", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "C", "label": "LICENSE APPLICATIONS AND RENEWALS" }, "rule": { "number": "§60.32", "label": "E-mail Communications and Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222315", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department may require an applicant, licensee, or other person who regularly receives communications from the department, to provide an e-mail address for purposes of receiving correspondence. The department may send any correspondence to the e‑mail address furnished by the person unless another form of notice is required by law.(b) The department may deem an application incomplete if the applicant fails to provide an e-mail address when directed to do so.", "sourceNote": "Source Note: The provisions of this §60.32 adopted to be effective December 1, 2024, 49 TexReg 9509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222315", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "C", "label": "LICENSE APPLICATIONS AND RENEWALS" }, "rule": { "number": "§60.33", "label": "Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227241", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Texas Occupations Code §51.407. It does not affect those programs that have temporary or provisional licenses in their specific program statutes or rules.(b) This section applies to an applicant who has met all the requirements for an initial license issued under a law administered by the department.(c) The department may issue a temporary license to an applicant described under subsection (b) who:(1) submits a completed application on a department-approved form; and(2) pays the initial license application fees.(d) A temporary license expires upon an applicant's receipt of the initial license, but no later than 21 days after the date of issuance of the temporary license.(e) A temporary license is not renewable.(f) A temporary license holder is subject to Texas Occupations Code, Chapter 51; the rules under this chapter; and the statutes and rules of the applicable program.", "sourceNote": "Source Note: The provisions of this §60.33 adopted to be effective August 15, 2013, 38 TexReg 5059; amended to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227241", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "C", "label": "LICENSE APPLICATIONS AND RENEWALS" }, "rule": { "number": "§60.34", "label": "Substantially Equivalent License Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175208", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is applicable to an applicant who holds a current license issued by another jurisdiction that is similar to a license issued by the department.(b) For purposes of this section, \"another jurisdiction\" or \"other jurisdiction\" means a U.S. state, the District of Columbia, a municipality or local jurisdiction, or a U.S. territory.(c) A person holding a license issued by another jurisdiction may be eligible for a Texas license if the other jurisdiction's licensing requirements are substantially equivalent to those of Texas.(d) Unless provided otherwise in the statutes and rules governing a program or license type, the department will review and evaluate the following criteria to determine if another jurisdiction's licensing requirements are substantially equivalent to those of Texas:(1) Scope of practice--the scope of work authorized to be performed under the license;(2) Experience and training requirements--including the length of time or number of hours of on-the-job experience or training that the other jurisdiction requires applicants to possess to qualify for the particular license;(3) Education requirements--including the amount of time (hours, months or years) or credits needed to complete any course, program, or curriculum that is a prerequisite for licensure;(4) Examination requirements--including whether the other jurisdiction requires an applicant to pass any examinations to obtain the license; the type and content of any such examination(s); and the minimum score needed for an applicant to pass the examination(s); (5) Accreditation requirements--including credentials or accreditation by federal agencies or national or other professional organizations or entities that a person must have to practice a profession; (6) Financial security or insurance requirements--whether and to what extent the other jurisdiction requires license holders to hold certain insurance policies, secure a bond, or provide other forms of financial security;(7) Standards of conduct--including requirements for honesty and fair dealing with the public when providing services or goods, in advertising, and in business dealings;(8) Criminal history--including whether the jurisdiction takes an applicant's or license holder's criminal history into account when determining license eligibility or disqualification; and(9) Procedures used in the other jurisdiction to receive and resolve complaints and to determine whether a license holder is in good standing.(e) The department may require an applicant under this section to provide additional supporting documentation or information in order for the department to evaluate the criteria under subsection (d) as it relates to a specific license.(1) Any foreign transcripts or foreign degrees must be translated and evaluated as prescribed under §60.30. Any other documents in a language other than English must be translated in accordance with the provisions under §60.30.(2) The applicant shall bear all expenses incurred under this section during the evaluation process.(f) The department has sole discretion in determining whether the licensing requirements for a license issued by another jurisdiction are substantially equivalent to those of Texas.", "sourceNote": "Source Note: The provisions of this §60.34 adopted to be\r\neffective January 1, 2014, 38 TexReg 9502; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 9119; amended to be effective December\r\n1, 2024, 49 TexReg 9502; amended to be effective January 15, 2026,\r\n51 TexReg 122." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175208", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "C", "label": "LICENSE APPLICATIONS AND RENEWALS" }, "rule": { "number": "§60.35", "label": "Determining the Amount of Experience, Service, Training, or Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211482", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is applicable for:(1) programs that have statutory authority to review and determine an applicant's experience, service, training or education toward meeting the licensing requirements of a specific license; or(2) applicants who are military service members, military veterans, or military spouses and who are applying for a license under Subchapter K.(b) The amount of experience, service, training or education, in terms of time, will be determined as follows:(1) an equivalent amount of time (hours, months or years) will be credited toward meeting the required amount of time for a specific license; or(2) the amount of time will be applied as specified by statute or rule for a specific license.(c) An applicant will receive credit for the amount of time incurred in training or in performing the specific work, duties or functions that are applicable for a specific license. The time credited may be limited to a maximum amount of time (hours, months or years) as specified by statute or rule for a specific license or may be less than the total amount of time (hours, months or years) the applicant has submitted for consideration.", "sourceNote": "Source Note: The provisions of this §60.35 adopted to be effective January 1, 2014, 38 TexReg 9502; amended to be effective January 1, 2016, 40 TexReg 9119." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211482", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "C", "label": "LICENSE APPLICATIONS AND RENEWALS" }, "rule": { "number": "§60.36", "label": "License Eligibility After Revocation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222317", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by subsection (b), Subchapter D, or other law, and pursuant to Texas Occupations Code §51.355, a person whose license is revoked by order of the commission or the executive director must wait one year from the date of revocation before applying for a new license.(b) A person whose license has been revoked solely because of a failure to pay an administrative penalty or due to an outstanding insufficient funds fee may apply for a new license at any time if the person either:(1) has paid the administrative penalty or the outstanding insufficient funds fee in full; or(2) is paying the administrative penalty under a payment plan with the department and is in good standing with respect to that plan.(c) For purposes of subsection (b), a person is in good standing with respect to a payment plan if, at the time of application, the person is current on the payment plan and has made timely payments on the plan for the preceding two months.", "sourceNote": "Source Note: The provisions of this §60.36 adopted to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222317", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "C", "label": "LICENSE APPLICATIONS AND RENEWALS" }, "rule": { "number": "§60.37", "label": "Voluntary Surrender of a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227242", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder may voluntarily surrender a license to the department by submitting a request in a form and manner prescribed by the department.(b) The request will be granted if the license holder:(1) holds a current, unexpired license that is not suspended or revoked;(2) does not have a pending complaint or a pending enforcement case; and(3) is not out of compliance with a disciplinary order.(c) The surrender of a license to the department is not a defense to an alleged or actual violation of any statutes or rules committed by the license holder. In addition, surrendering a license to the department in no way affects the authority of the department to initiate or continue any investigation or disciplinary proceeding concerning the license holder.(d) A license that has been voluntarily surrendered may not be renewed. A license holder who has voluntarily surrendered a license may apply for a new license.(e) Any fees paid on the license will not be refunded upon surrender.", "sourceNote": "Source Note: The provisions of this §60.37 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227242", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "C", "label": "LICENSE APPLICATIONS AND RENEWALS" }, "rule": { "number": "§60.38", "label": "Reciprocity Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222327", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department is authorized by Texas Occupations Code §§51.4041, 51.551, and 51.552 to enter into license reciprocity agreements with licensing authorities in other jurisdictions. (b) A license holder from another jurisdiction may be eligible for a Texas license if the other jurisdiction has entered into a license reciprocity agreement with the department.(c) Subject to the requirements of Occupations Code Ch. 51, this chapter, and the statutes and rules applicable to the program and license type for which an individual license or a reciprocity agreement is sought, the department will issue a license to an applicant if the person:(1) has held the license in the other jurisdiction for at least one year;(2) did not obtain the license in the other jurisdiction through reciprocity or similar process;(3) was required to pass an examination or meet substantially equivalent education, training, work history, or other applicable requirements;(4) possesses a license that is in good standing;(5) does not have a disqualifying criminal history;(6) has not had a license revoked in another jurisdiction for misconduct or other noncompliance; and(7) does not have a complaint, investigation, or allegation pending in the other jurisdiction for misconduct or alleged criminal activity.", "sourceNote": "Source Note: The provisions of this §60.38 adopted\r\nto be effective January 15, 2026, 51 TexReg 122." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222327", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "D", "label": "CRIMINAL HISTORY AND LICENSE ELIGIBILITY" }, "rule": { "number": "§60.40", "label": "License Eligibility for Persons with Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211484", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Texas Occupations Code, Chapter 53 provides that the commission or executive director may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to take a licensing examination if the person has been convicted of an offense listed under §53.021(a) or has a deferred adjudication that qualifies as a conviction under §53.021(d). Any such action shall be made after consideration of the factors listed in Texas Occupations Code §53.022 and §53.023 and the guidelines issued by the department under §53.025.(b) Pursuant to Texas Occupations Code §51.355, a person whose license is revoked by order of the commission or the executive director based on the person's criminal history must wait one year from the date of revocation before applying for a new license.(c) Except as provided in subsection (d), the following provisions apply to persons who are incarcerated or imprisoned.(1) A person who is incarcerated because of a felony conviction is not eligible to obtain a license or renew a previously issued license under this chapter or any statute governing a program regulated by the department.(2) A person whose license is revoked by operation of law pursuant to Texas Occupations Code §53.021(b) must wait until release from imprisonment before applying for a new license.(d) Notwithstanding subsection (c), the department may:(1) issue a student permit under Texas Occupations Code, Chapter 1603, to a person enrolled in a school administered by the Windham School District or the Texas Department of Criminal Justice; or(2) in accordance with Texas Occupations Code §51.4014, accept a license application from a person who is in the custody of the Texas Department of Criminal Justice, is scheduled for release from incarceration or imprisonment within the next 90 days, and who:(A) previously held a license of the same type for which the person is applying; or(B) has completed a relevant course of study in the Windham School District, or other program acceptable to the department, to prepare the person for reentry into the workforce in the occupation for which the person seeks a license.", "sourceNote": "Source Note: The provisions of this §60.40 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective July 1, 2010, 35 TexReg 5525; amended to be effective October 15, 2010, 35 TexReg 9080; amended to be effective February 1, 2020, 45 TexReg 533; amended to be effective January 1, 2023, 47 TexReg 8627; amended to be effective December 1, 2024, 49 TexReg 9509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211484", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "D", "label": "CRIMINAL HISTORY AND LICENSE ELIGIBILITY" }, "rule": { "number": "§60.41", "label": "License Eligibility for Persons with Deferred Adjudications or Other Criminal History" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Occupations Code §51.356, the commission may deny, suspend, revoke, or refuse to renew a license, if the commission determines a deferred adjudication as specified under §51.356 makes the applicant or license holder unfit for the license. In making this determination, the commission shall consider the factors set forth in Texas Occupations Code §53.022 and §53.023 and the guidelines issued by the department under §53.025.(b) Pursuant to Texas Occupations Code §51.4012(a), the commission may determine a person is not eligible for a license based on the person's criminal history.(c) Pursuant to Texas Occupations Code §51.355, a person whose license is revoked by order of the commission or the executive director based on the person's criminal history must wait one year from the date of revocation before applying for a new license.", "sourceNote": "Source Note: The provisions of this §60.41 adopted to be effective July 1, 2010, 35 TexReg 5525; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211485", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "D", "label": "CRIMINAL HISTORY AND LICENSE ELIGIBILITY" }, "rule": { "number": "§60.42", "label": "Criminal History Evaluation Letters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Occupations Code Chapter 51, §51.4012 and Chapter 53, Subchapter D, a person may request the department issue a criminal history evaluation letter regarding the person's eligibility for a specific occupational license regulated by the department.(b) A person may request the department issue an evaluation letter regarding whether the person may be eligible for a license if the person has a conviction or deferred adjudication for a felony or misdemeanor offense.(c) To request an evaluation letter, the person must:(1) submit the request using a department-approved form; and(2) pay the required fee of $10.(d) A person must submit a separate evaluation letter request and fee for each specific occupational license in which the department will evaluate the person's eligibility.(e) An evaluation request is not considered to be a complete request until all required information is received. No evaluation letter will be issued for an incomplete request. The entire process from receipt of the completed request to the issuance of an evaluation letter will not exceed 90 days.(f) The department will issue an evaluation letter in response to each criminal history evaluation letter request. The evaluation letter will state the department's determination on each ground of potential ineligibility.(g) The department is not bound by its determination if:(1) the requestor fails to disclose known information that is relevant to the evaluation; or(2) there is a change in the person's circumstances after the evaluation letter is issued.(h) The department's determination is not a contested case under Texas Government Code, Chapter 2001, and the determination may not be appealed. The department's determination does not prohibit or prevent a person from enrolling or attending an educational program, taking a licensing examination, or applying for a license.", "sourceNote": "Source Note: The provisions of this §60.42 adopted to be effective July 1, 2010, 35 TexReg 5525; amended to be effective June 15, 2021, 46 TexReg 3607; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211486", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "D", "label": "CRIMINAL HISTORY AND LICENSE ELIGIBILITY" }, "rule": { "number": "§60.43", "label": "License Denial or Revocation for Certain Health Professionals with a Criminal History" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222319", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to a \"health professional\" as defined under Texas Occupations Code, Chapter 108, Subchapter B, and who is regulated by the commission and the department. This section applies to the licenses and permits issued under the following programs:(1) hearing instrument fitters and dispensers;(2) podiatrists; and(3) speech-language pathologists and audiologists.(b) The department shall deny an application for a license as a health care professional under this section, and shall revoke the license of a health care professional under this section, based on the person's criminal history and the requirements set out under Texas Occupations Code, Chapter 108, Subchapter B.(c) A person whose application for licensure as a health care professional under this section has been denied, or whose license as a health care professional under this section has been revoked, pursuant to Texas Occupations Code, Chapter 108, Subchapter B, may reapply or seek reinstatement as provided by that subchapter.", "sourceNote": "Source Note: The provisions of this §60.43 adopted to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222319", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "E", "label": "EXAMINATIONS" }, "rule": { "number": "§60.50", "label": "Examination Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222320", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department may delegate its statutory authority and responsibilities regarding examinations via contract to a third-party examination provider (department's examination provider). The department's examination provider, who is contracted to act on behalf of the department, must comply with all statutes and rules applicable to the department and to state agencies regarding examinations.(b) The department's examination provider may administer an examination for those license types that require a person to pass an examination in order to obtain a license. The statutes and rules for a specific program determine what examination, if any, is required.(c) The department's examination provider is the point of contact regarding examination matters, including examination scheduling, rescheduling, refunds, accommodations, and results, as prescribed by the rules in this subchapter and the statutes and rules for a specific program.(d) The provisions in this subchapter apply to all programs regulated by the department, except in the event of a conflict with the statute and rules of a specific program.", "sourceNote": "Source Note: The provisions of this §60.50 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222320", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "E", "label": "EXAMINATIONS" }, "rule": { "number": "§60.51", "label": "Examination Scheduling and Rescheduling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222321", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scheduling an Examination.(1) Unless provided otherwise in the statute and rules of a specific program, a person who is eligible to take an examination (examination candidate) must schedule the examination with the department's examination provider.(2) The examination may be scheduled subject to the availability of examination appointments.(3) The department will provide information about the examination for a particular license type and the contact information for the department's examination provider on the department's website.(b) Canceling and Rescheduling an Examination.(1) Unless provided otherwise in the statutes and rules of a specific program, an examination candidate must notify the department's examination provider to cancel and reschedule an examination.(2) Subject to this subsection, an examination candidate may cancel and reschedule an examination for any reason. The department's examination provider is not required to review or approve the reason for canceling and rescheduling an examination.(3) An examination candidate may cancel and reschedule an examination at no charge if the examination candidate:(A) notifies the department's examination provider at least two days prior to the date of the examination or in accordance with the timeframes and methods of notification prescribed by the department's examination provider; or(B) provides the department's examination provider, as soon as possible, with acceptable documentation of the examination candidate's inability to take the examination because of an \"emergency\" as defined under §60.10.(4) The examination may be rescheduled subject to the availability of examination appointments.", "sourceNote": "Source Note: The provisions of this §60.51 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222321", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "E", "label": "EXAMINATIONS" }, "rule": { "number": "§60.52", "label": "Examination Fees and Refunds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222322", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Examination Fees.(1) An examination candidate must pay the examination fee to the department's examination provider, unless provided otherwise in the statute and rules of a specific program.(2) The department will provide information about the examination for a particular license type and the contact information for the department's examination provider on the department's website.(b) Examination Fee Refunds.(1) An examination candidate, who is unable to take the examination and who wants to obtain a refund of the examination fee, must:(A) notify the department's examination provider in writing not less than 10 days before the date of the examination (\"reasonable notice\") or in accordance with the timeframes and methods of notification prescribed by the department's examination provider; or(B) provide the department's examination provider, as soon as possible, with acceptable documentation of the examination candidate's inability to take the examination because of an \"emergency\" as defined under §60.10.(2) The department's examination provider, on behalf of the department, will determine whether to issue a refund of the examination fee.", "sourceNote": "Source Note: The provisions of this §60.52 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222322", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "E", "label": "EXAMINATIONS" }, "rule": { "number": "§60.53", "label": "Examination Accommodations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222323", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department's examination provider will provide reasonable accommodations for an examination administered to an examination candidate with a disability as required by the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. Section 12101 et seq., its implementing regulations, and any subsequent amendments to the law and regulations.(b) When requesting reasonable accommodations for an examination under this section, the examination candidate must comply with the following procedures:(1) The examination candidate must submit a written request for accommodation and documentation regarding the examination candidate's disability and the specific accommodations requested.(2) The written request and documentation under paragraph (1) must be submitted to the department's examination provider before scheduling the examination and must be submitted in the form and manner prescribed by the department's examination provider.(3) The department's examination provider, on behalf of the department, will determine whether to grant the requested accommodation.(c) Upon written request to the department's examination provider, examinations may be offered in a foreign language at the expense of the requestor. The request must be submitted before scheduling the examination.", "sourceNote": "Source Note: The provisions of this §60.53 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222323", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "E", "label": "EXAMINATIONS" }, "rule": { "number": "§60.54", "label": "Examination Security" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222324", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An examination candidate must comply with all examination security requirements for examinations administered by the department's examination provider or by any third-party provider of an examination that is required to obtain a license issued by the department.(b) An examination candidate may only use the specified methods of assistance that are available and authorized for all persons taking the examination, except as authorized under §60.53.(c) Conduct that violates this section includes, but is not limited to, the following:(1) obtaining or attempting to obtain examination questions or answers from any person or source and for any use or purpose;(2) providing or attempting to provide examination questions or answers to any person or source and for any use or purpose;(3) presenting a falsified or fraudulent document to gain entry to an examination;(4) taking an examination for another person;(5) knowingly allowing another person to take an examination for the examination candidate;(6) using or providing unauthorized assistance in connection with an examination;(7) while taking an examination, using any materials not authorized by the department or testing service for use in the examination, including but not limited to notes or study aides;(8) bringing to the examination site or leaving the examination site with examination questions or answers obtained from the current examination or from previous examinations;(9) while taking an examination, communicating with any person, other than an authorized representative of the department or examination provider, about the examination;(10) for open book examinations, bringing any materials into the examination, including handwritten notes in approved reference materials, other than those materials approved by the department or examination provider;(11) any conduct or activities that violate the instructions or the examination procedures set out in the candidate information bulletin;(12) any conduct that violates the instructions provided by the examination provider or administrator;(13) for virtual examinations, any violations of the examination security requirements related to virtual practical examinations or remotely proctored written examinations;(14) any conduct that violates the examination security provisions prescribed in the contract between the department and the department's examination provider; or(15) any other conduct that violates examination security.(d) The contents of any examination that is required for the issuance of a department license are confidential.(e) An examination candidate who is seen violating the examination security provisions during the examination will not be allowed to complete the examination and will be removed from the examination site.(f) An examination candidate who is found to have violated this section is subject to any and all of the following consequences:(1) having the examination results invalidated;(2) having to retake the examination and pay a new examination fee;(3) being determined ineligible or not being allowed to retake the examination; or(4) having administrative penalties and sanctions imposed and other enforcement actions taken.", "sourceNote": "Source Note: The provisions of this §60.54 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222324", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "E", "label": "EXAMINATIONS" }, "rule": { "number": "§60.55", "label": "Examination Results" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222325", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than the 30th day after the date a person (former examination candidate) takes an examination, the department's examination provider will notify the person of the results of the examination.(b) If notice of the examination results will be delayed for longer than 90 days after the examination date, the department's examination provider will notify the person of the reason for the delay before the 90th day.(c) Following the examination, a person will receive an analysis of the person's performance on the examination from the examination provider.(d) A person must not present falsified or fraudulent documents concerning the person's results from an examination.", "sourceNote": "Source Note: The provisions of this §60.55 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222325", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "E", "label": "EXAMINATIONS" }, "rule": { "number": "§60.56", "label": "Validity and Acceptance of Examination Results; Reexamination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211487", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section addresses the validity and acceptance of licensing examination results and whether a person must retake a licensing examination. This section applies to all examinations provided or administered by the department's examination provider or by another third-party examination provider who is not contracted with the department.(b) Examination Results for New License Applicants with No Previous License.(1) This subsection applies to a person who is applying for a new license issued by the department and who has not previously held that license.(2) Examination results are valid for the length of the license term of the license being sought plus three years from the date of the examination.(A) If the person is applying for a license with a one-year license term, then the examination results are valid for four years from the date of the examination.(B) If the person is applying for a license with a two-year license term, then the examination results are valid for five years from the date of the examination.(3) After the time periods specified in paragraph (2) expire, the person must retake any examinations required to apply for a new license. Any previous licensing examination results will not be accepted.(c) Examination Results for Previous License Holders.(1) This subsection applies to a person who previously held a license issued by the department and who is applying for a new license. Each paragraph addresses a separate situation involving a previous license holder.(2) Expired License Beyond Late Renewal Deadlines. Pursuant to Texas Occupations Code §51.401(d), a person whose license has expired beyond the late renewal deadlines prescribed under §51.401 may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license. The person must retake any examinations required to apply for a new license. Any previous licensing examination results will not be accepted.(3) Previously Licensed in Texas and Currently Licensed in Another State. Pursuant to Texas Occupations Code §51.401(e), a person who was previously licensed in Texas, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new Texas license without reexamination.(4) Revoked License.(A) Except as provided under paragraph (B), a person whose license has been revoked must retake any examinations required to apply for a new license. Any previous licensing examination results will not be accepted.(B) Pursuant to Texas Occupations Code §51.355 and rule §60.36, a person who reapplies for licensure after having a license revoked solely for failure to pay an administrative penalty or failure to pay an insufficient funds fee will not be required to retake any examinations required to apply for a new license. This provision does not apply where the person's license has been in a revoked status for three years or more at the time of the new application.(5) Voluntarily Surrendered License. A person who was previously licensed in Texas and who voluntarily surrendered the license under §60.37 may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license. The person must retake any examinations required to apply for a new license. Any previous licensing examination results will not be accepted.", "sourceNote": "Source Note: The provisions of this §60.56 adopted to be effective December 1, 2024, 49 TexReg 9502." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211487", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "F", "label": "FEES" }, "rule": { "number": "§60.80", "label": "Program Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211488", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Most program fees set by the commission are published in the rule chapters for the specific programs regulated by the commission and the department. These program fees may include fees for initial applications, renewals, duplicate licenses, examinations, and any other fees specific to a particular program.(b) All program fees are non-refundable unless determined or stated otherwise.", "sourceNote": "Source Note: The provisions of this §60.80 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211488", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "F", "label": "FEES" }, "rule": { "number": "§60.81", "label": "Charges for Providing Copies of Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213612", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Texas Government Code §552.262, the commission adopts by reference the rules of the Office of the Attorney General as published in 1 TAC Part 3, Chapter 70, §§70.1 - 70.13 for determining charges for copies of public information under Texas Government Code, Chapter 552, Subchapter F.", "sourceNote": "Source Note: The provisions of this §60.81 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213612", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "F", "label": "FEES" }, "rule": { "number": "§60.82", "label": "Dishonored Payment Fee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211489", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to any authorized form or method of payment that is issued to the department by an applicant, a license holder, or other person for payment of any required fees or administrative penalties and that is dishonored.(1) An authorized form or method of payment may include, but is not limited to, a check, credit card, item, paper or electronic payment, electronic funds transfer, or other payment instrument.(2) A dishonored payment means a payment that is declined or not approved for payment upon presentment to a financial institution.(b) If a payment issued to the department is dishonored, the department shall charge a processing fee of $30 to the person who submitted the dishonored payment. This processing fee is in addition to the amount of the original payment submitted to the department that was dishonored.(c) The department will notify the applicant, license holder, or other person by certified mail that the payment has been dishonored. The applicant, license holder, or other person must pay the required processing fee and the amount of the original payment submitted to the department within 15 days after receipt of notice of the dishonored payment.(d) If the applicant, license holder, or other person does not pay the processing fee and the amount of the original payment submitted to the department within the required time period, it is a violation of this chapter. The applicant or license holder is subject to administrative enforcement proceedings, including license denial or revocation, and collections proceedings. Other persons are subject to collections proceedings.", "sourceNote": "Source Note: The provisions of this §60.82 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective August 15, 2014, 39 TexReg 5746; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211489", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "F", "label": "FEES" }, "rule": { "number": "§60.83", "label": "Late Renewal Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211496", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person whose license has been expired for 90 days or less may renew the license by paying a late renewal fee equal to 1 and 1/2 times the renewal fee required for the license as prescribed in the program rules.(b) A person whose license has been expired for more than 90 days but less than 18 months may renew the license by paying a late renewal fee equal to two times the renewal fee required for the license as prescribed in the program rules.(c) A person whose license has been expired for more than 18 months but less than three years may request that the executive director approve the license renewal by:(1) submitting information sufficient to explain the need for the late renewal; and(2) paying to the department a renewal fee equal to two times the renewal fee required for the license as prescribed in the program rules.(d) A person paying a late renewal fee is not required to pay the late renewal fee in addition to the renewal fee required for the license as prescribed in the program rules. The person is only required to pay the late renewal fee.", "sourceNote": "Source Note: The provisions of this §60.83 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective January 16, 2012, 37 TexReg 111; amended to be effective January 1, 2014, 38 TexReg 9502; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211496", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "G", "label": "RULEMAKING" }, "rule": { "number": "§60.100", "label": "Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213613", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission and the department will follow the rulemaking procedures established in the Administrative Procedure Act (Texas Government Code, Chapter 2001), except when §60.101 of this subchapter is applicable.", "sourceNote": "Source Note: The provisions of this §60.100 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213613", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "G", "label": "RULEMAKING" }, "rule": { "number": "§60.101", "label": "Negotiated Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211497", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Occupations Code §51.208, it is the commission's policy to engage in negotiated rulemaking procedures under Texas Government Code, Chapter 2008, when appropriate. When the commission finds that proposed rules are likely to be complex, or controversial, or to affect disparate groups, negotiated rulemaking may be proposed.(b) When negotiated rulemaking is proposed, the commission will appoint a convener to assist in determining whether it is advisable to proceed. The convener shall perform the duties and responsibilities contained in Texas Government Code, Chapter 2008.(c) If the convener recommends proceeding with negotiated rulemaking and the commission adopts the recommendation, the department shall initiate negotiated rulemaking according to the provisions of Texas Government Code, Chapter 2008.", "sourceNote": "Source Note: The provisions of this §60.101 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective January 1, 2023, 47 TexReg 8627; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211497", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "G", "label": "RULEMAKING" }, "rule": { "number": "§60.102", "label": "Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213838", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Texas Government Code §2001.021, any interested person may request that a rule be adopted, amended, or repealed by submitting a written petition for rulemaking to the department (rulemaking petition).(b) An interested person, as defined by Texas Government Code §2001.021, must be:(1) a resident of this state;(2) a business entity located in this state;(3) a governmental subdivision located in this state; or(4) a public or private organization located in this state that is not a state agency.(c) The written rulemaking petition must include:(1) the person's full name, mailing address, telephone number, and email address;(2) a statement explaining how the person qualifies as an \"interested person\" as explained under subsection (b);(3) a summary and explanation of the draft rule change;(4) the rationale and justification for the draft rule change or the reasons why the person believes the rulemaking is necessary; (5) a statement addressing whether there would be a cost to anyone impacted by the draft rule change, if the cost information is known or readily available;(6) if proposing a new rule, the text of the new rule in the exact form that is desired to be adopted, with the new text underlined; and(7) if proposing an amendment or repeal, the specific section and text of the rule the person wants to change, with deletions crossed through and additions underlined.(d) A rulemaking petition will be denied if:(1) it is submitted by a person who does not qualify as an \"interested person\"; or(2) it does not contain the required information listed under subsection (c).(e) The rulemaking petition must be submitted electronically on the department's website at https://ga.tdlr.texas.gov:1443/form/RulemakingPetition (select the appropriate chapter name); by facsimile to (512) 475-3032; or by mail to Office of the General Counsel, ATTN: Rules Coordinator, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711.(f) Not later than 60 days after the date of submission of a petition that complies with the requirements of this section, the executive director or the executive director's designee shall review the petition and shall respond in writing either:(1) denying the petition and stating the reasons for the denial; or(2) informing the petitioner that the department will initiate a rulemaking proceeding under Texas Government Code, Chapter 2001.(g) Repetitive Petitions. The executive director may deny a rulemaking petition if, within the preceding year, the executive director or the executive director's designee has considered a previously submitted petition for the same rule.", "sourceNote": "Source Note: The provisions of this §60.102 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213838", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "H", "label": "COMPLAINTS; INSPECTIONS" }, "rule": { "number": "§60.200", "label": "Notice to the Public Regarding Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213839", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder is required to notify consumers and service recipients of the department's name, mailing address, telephone number, and website address for purposes of directing complaints to the department.(b) Unless prescribed otherwise in the statutes or rules governing a specific program regulated by the commission and the department, the notification required under subsection (a) shall be included on:(1) a written contract (paper or electronic) for services of a license holder;(2) a sign prominently displayed in the license holder's place of business if consumers or service recipients must visit the license holder's place of business for services or products; and(3) a bill (paper or electronic) for services provided by a license holder.(c) The department shall make information available to the public describing the procedures for filing complaints with the department and for complaint investigation and resolution by the department. This information shall be available on the department's website.", "sourceNote": "Source Note: The provisions of this §60.200 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213839", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "H", "label": "COMPLAINTS; INSPECTIONS" }, "rule": { "number": "§60.201", "label": "Filing a Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213840", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A complaint against a person who is engaged in an activity or business regulated by the department may be submitted in a form and manner prescribed by the department. A person filing a complaint is encouraged to file the complaint online on the department's website.(b) A complaint must be filed within two years of the event giving rise to the complaint. Complaints filed after the two-year period may be investigated at the discretion of the director of enforcement.(c) Pursuant to Texas Occupations Code §51.252, the department may accept a complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint; however, the department is not required to investigate these anonymous complaints. The department may investigate anonymous complaints at its discretion.", "sourceNote": "Source Note: The provisions of this §60.201 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213840", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "H", "label": "COMPLAINTS; INSPECTIONS" }, "rule": { "number": "§60.202", "label": "Investigation and Priority of Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213841", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall maintain a system to promptly and efficiently act on complaints filed with the department as provided by Texas Occupations Code §51.252.(b) The department shall assign priorities and investigate complaints based on risk to the public of the conduct alleged in the complaint as provided by Texas Occupations Code §51.2521.(c) If the department determines at any time that an allegation made or formal complaint submitted by a person is inappropriate or without merit, the department shall dismiss the complaint.", "sourceNote": "Source Note: The provisions of this §60.202 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213841", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "H", "label": "COMPLAINTS; INSPECTIONS" }, "rule": { "number": "§60.203", "label": "Cooperation with Investigation of Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213842", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder or other person must cooperate in an investigation of a complaint conducted by a department employee or designated representative of the department (designated representative).(b) A license holder or other person must make available to the department employee or designated representative all records, notices, and other documents requested by the department employee or designated representative.(c) A license holder or other person is prohibited from:(1) avoiding, refusing to permit, or failing to cooperate in an investigation conducted by a department employee or designated representative;(2) interfering with an investigation conducted by a department employee or designated representative; or(3) threatening or intimidating a department employee or designated representative in connection with an investigation.", "sourceNote": "Source Note: The provisions of this §60.203 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213842", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "H", "label": "COMPLAINTS; INSPECTIONS" }, "rule": { "number": "§60.204", "label": "Status and Confidentiality of Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211894", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.(b) The department shall maintain the confidentiality of complaint and disciplinary information as provided by Texas Occupations Code §51.254, any specific program statute, or other applicable law.", "sourceNote": "Source Note: The provisions of this §60.204 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211894", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "H", "label": "COMPLAINTS; INSPECTIONS" }, "rule": { "number": "§60.220", "label": "Conducting Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211895", "queryAsDate": "03/11/2026" }, "ruleBody": "The department shall conduct inspections as provided by Texas Occupations Code §51.211 and §51.351, this chapter, and the statutes and rules applicable to the programs regulated by the commission and the department.", "sourceNote": "Source Note: The provisions of this §60.220 adopted to be effective January 15, 2023, 48 TexReg 36." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211895", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "H", "label": "COMPLAINTS; INSPECTIONS" }, "rule": { "number": "§60.221", "label": "Inspection Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211896", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to any inspection the department is authorized to conduct pursuant to law.(b) The department may conduct inspections with or without advance notice to ensure compliance with statute or rule, or as a result of a complaint.(c) Inspections will be conducted during the normal operating hours of the location being inspected.(d) Upon completion of an inspection, the license holder, applicant, or representative will be provided with the results of the inspection in writing. For inspections where violations are identified, the inspection report will list those violations and indicate, if applicable, any corrective actions required.(e) When corrective actions are required, the inspector will provide the license holder, applicant, or representative a list of any required corrective actions and a time period for completing each corrective action. The license holder or applicant must complete all corrective actions and provide verification, in a manner prescribed by the department, within the specified time period. The department may grant an extension of time at its discretion.(f) The department may assess administrative penalties, administrative sanctions, or both against a license holder or applicant who fails to complete any required corrective actions, or fails to verify completion of any required corrective actions, within the time period specified by the department.(g) The department may use alternative inspection methods, including the use of videoconference technology or other methods, instead of conducting an in-person inspection.(h) If any provision of this section conflicts with the statutes or rules regarding department inspections for a specific program, the program statute or rule will prevail over this section.", "sourceNote": "Source Note: The provisions of this §60.221 adopted to be effective January 15, 2023, 48 TexReg 36." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211896", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "H", "label": "COMPLAINTS; INSPECTIONS" }, "rule": { "number": "§60.222", "label": "Cooperation with Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213626", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder, applicant, or other person must cooperate in the performance of an inspection conducted by an inspector authorized by the commission or the department (authorized inspector).(b) A license holder, applicant, or other person must make available to the authorized inspector all records, notices, and other documents requested by the authorized inspector.(c) A license holder, applicant, or other person is prohibited from:(1) avoiding, refusing to permit, or failing to cooperate in an inspection conducted by an authorized inspector;(2) interfering with an inspection conducted by an authorized inspector; or(3) threatening or intimidating an authorized inspector or other representative of the commission or the department in connection with an inspection.", "sourceNote": "Source Note: The provisions of this §60.222 adopted to be effective January 15, 2023, 48 TexReg 36." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213626", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.300", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213627", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise provided by Texas Occupations Code, Chapter 51; by the Administrative Procedure Act (APA), Texas Government Code, Chapter 2001; by the rules of the State Office of Administrative Hearings (SOAH), 1 TAC Chapter 155; by other law; or by the provisions of this chapter, this subchapter governs the institution, conduct, and determination of all contested cases under the APA.(b) SOAH acquires jurisdiction over a contested case at certain stages of the adjudicative matter, as prescribed under the APA. SOAH's rules of procedure, 1 TAC Chapter 155, govern during the period when SOAH has jurisdiction over the contested case.(c) In the case of a conflict between SOAH's rules of procedure and the rules in this subchapter, SOAH's rules of procedure control for the time period starting after the Request to Docket Case form has been filed and concluding after the final amendments or corrections to the proposal for decision have been filed.(d) The rules in this subchapter shall not be construed so as to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the commission, the executive director, or the substantive rights of any person or agency.", "sourceNote": "Source Note: The provisions of this §60.300 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213627", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.301", "label": "Notice of Alleged Violation; Notice of Continued License Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213628", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall send a written notice of alleged violation if the department:(1) seeks an enforcement action against a person for an alleged violation of the statutes and rules of the department or its programs; or(2) proposes to revoke a person's license or deny a license renewal application based on criminal history.(b) The department shall send a written notice of continued license restrictions if the department proposes to continue the restrictions on a person's license pursuant to Texas Occupations Code §51.358(c) and (d).(c) The department shall send the notices under subsections (a) and (b) by certified mail with electronic return receipt.(d) Any notice or document served upon a person is prima facie evidence of receipt if it is directed to the person's last known complete, correct address as shown by the department's records. This presumption is rebuttable. Failure to claim properly addressed certified or registered mail will not support a finding of non-delivery.(e) Within twenty days after receiving a notice of alleged violation or notice of continued license restrictions, the person may either: accept the department's determination and recommended administrative penalty, sanction, or both; or make a written request for a hearing on the department's determination. There is a rebuttable presumption that notice is received three days after the notice was mailed.(f) If the person accepts the department's determination, the department and the person shall enter into an agreement as prescribed under §60.304. If a timely written request for a hearing is made, the department shall refer the department's determination to SOAH for a hearing.(g) If the person fails to accept the department's determination or fails to request a hearing, the department may propose entry of a default order against the person, unless otherwise provided by applicable law.(1) The department may present to the commission or the executive director a proposed default order containing findings of fact and conclusions of law.(2) The department shall send the person a notice of the proposed default order with the deadline after which the default order may be signed.(3) The commission or executive director shall sign the default order unless by the deadline in paragraph (2), the person:(A) accepts the department's determination and enters into an agreement as prescribed under §60.304; or(B) makes a written request for a hearing on the department's determination, in which case the department shall refer its determination to SOAH for a hearing.", "sourceNote": "Source Note: The provisions of this §60.301 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213628", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.302", "label": "Notice of Proposed Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213629", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall send a written notice of proposed denial if the department proposes:(1) to deny an initial license application; or(2) to deny a person an opportunity to take an examination.(b) The department shall send the notice of proposed denial under subsection (a) by certified mail with electronic return receipt.(c) Any notice or document served upon a person is prima facie evidence of receipt if it is directed to the person's last known complete, correct address as shown by the department's records. This presumption is rebuttable. Failure to claim properly addressed certified or registered mail will not support a finding of non-delivery.(d) After receiving a notice of proposed denial, the person must request a hearing in writing within twenty days of receipt of the notice or forfeit the right to a hearing, unless otherwise provided by applicable law. There is a rebuttable presumption that notice is received three days after the notice was mailed.(e) If a timely written request is made, the department shall refer the proposed denial to SOAH for a hearing. If a timely written request is not made, the proposed denial is final.", "sourceNote": "Source Note: The provisions of this §60.302 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213629", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.304", "label": "Disposition by Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213619", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Disposition by agreement of any contested case may be made by stipulation, agreed settlement, or consent order, unless precluded by law.(b) The commission may designate its presiding officer or the executive director to adopt or reject stipulations, settlement agreements, or consent orders.(c) Parties agreeing to disposition by agreement shall prepare written stipulations, consent order, or settlement agreement, containing proposed findings of fact and conclusions of law, which shall be signed by all the agreeing parties and their designated representatives.(d) Upon receipt of the written stipulations, consent order, or settlement agreement the executive director or the commission may:(1) adopt the written stipulations, consent order, or settlement agreement and issue a final order;(2) reject the written stipulations, consent order, or settlement agreement and remand the contested case for a hearing before SOAH;(3) reject the written stipulations, consent order, or settlement agreement and order further investigation by the department; or(4) take such other action as the executive director or the commission find just.", "sourceNote": "Source Note: The provisions of this §60.304 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213619", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.305", "label": "Contested Case Hearings at SOAH" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213620", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contested case hearings at SOAH are governed by Texas Government Code, Chapter 2001 and the SOAH rules under 1 TAC Chapter 155.(b) Every effort shall be made to conduct administrative hearings in person in Austin, Texas, or virtually by telephone or videoconference, to achieve the department's mission to ensure effective and economical use of public resources while adhering to the provisions of 1 TAC §155.403.", "sourceNote": "Source Note: The provisions of this §60.305 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213620", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.307", "label": "Costs Associated with a Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213621", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The costs related to making a record of the SOAH contested case proceeding, including the hearing record, transcripts, and court reporters, shall be determined according to the rules in 1 TAC §155.423.(b) Pursuant to Texas Government Code §2001.059, on the written request by a party to a case, a written transcript of all or part of the proceedings shall be prepared. The cost of the transcript is borne by the requesting party. This subsection does not preclude the parties from agreeing to share the costs associated with the preparation of a transcript.(c) For all other costs associated with the contested case, each party shall be responsible for its own costs, unless otherwise determined by law or rules or agreed upon by the parties in writing.", "sourceNote": "Source Note: The provisions of this §60.307 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213621", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.308", "label": "Proposals for Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213622", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Proposed decisions for contested cases issued by a SOAH ALJ shall be brought before the commission for decision, in accordance with the APA.(b) A party may only present the sworn testimony and the information provided during the SOAH hearing or admitted into the SOAH record, including filings of the parties, exceptions, dispositions, and the responses. No new testimony, witnesses, or information shall be allowed after SOAH submits the case to the commission for consideration.", "sourceNote": "Source Note: The provisions of this §60.308 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213622", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.309", "label": "Motion for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213623", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may submit a motion for rehearing to reconsider a decision of the commission in a contested case or reconsider a default order entered by the executive director.(b) A motion for rehearing must identify with particularity findings of fact or conclusions of law that are the subject of the complaint and any evidentiary or legal ruling claimed to be erroneous. The motion must also state the legal and factual basis for the claimed error.(c) A motion for rehearing shall be filed and handled in accordance with Texas Government Code, Chapter 2001, Subchapter F.(d) The commission or the executive director may rule on a motion for rehearing.", "sourceNote": "Source Note: The provisions of this §60.309 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213623", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.310", "label": "Final Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213624", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A decision or order in a contested case shall be in writing and shall be signed by the commission, the executive director, or both, as applicable.(b) A decision or order in a contested case is final in accordance with Texas Government Code §2001.144.", "sourceNote": "Source Note: The provisions of this §60.310 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213624", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.311", "label": "Appeal of Final Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213625", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An appeal of a final decision or order in a contested case shall be filed and handled in accordance with Texas Government Code, Chapter 2001, Subchapter G.(b) A party who appeals a final decision or order in a contested case must pay all costs for the preparation of the original or a certified copy of the record of the agency proceeding that is required to be transmitted to the reviewing court.", "sourceNote": "Source Note: The provisions of this §60.311 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213625", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "I", "label": "CONTESTED CASES" }, "rule": { "number": "§60.312", "label": "Corrected Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213630", "queryAsDate": "03/11/2026" }, "ruleBody": "The executive director may enter a corrected order to correct a clerical mistake in an order of the commission.", "sourceNote": "Source Note: The provisions of this §60.312 adopted to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213630", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.400", "label": "Alternative Dispute Resolution Procedures -- Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213631", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Occupations Code §51.208 and Texas Government Code Chapter 2009, this subchapter establishes the alternative dispute resolution (ADR) procedures for the voluntary settlement of contested cases through the facilitation of an impartial third party. Mediation is the ADR process used by the department.(b) In addition to the procedures under Subchapter I, the department may use mediation and the procedures under this subchapter for resolving contested cases.(c) The procedures in this subchapter are consistent with Texas Government Code, Chapters 2001 and 2009; Texas Civil Practice and Remedies Code, Chapter 154; and the model guidelines for the use of ADR by state agencies developed by SOAH.", "sourceNote": "Source Note: The provisions of this §60.400 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213631", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.401", "label": "Referral of Contested Matter for Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213632", "queryAsDate": "03/11/2026" }, "ruleBody": "The department's director of enforcement, on behalf of the department, may seek to resolve a contested matter through mediation involving all parties, and if so, shall refer the matter for mediation in accordance with this subchapter.", "sourceNote": "Source Note: The provisions of this §60.401 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213632", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.402", "label": "Appointment of the Mediator; Mediation Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213633", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each contested matter referred for mediation, the ADR Administrator, as defined under §60.10, shall either:(1) preside over the mediation proceeding as the mediator; or(2) appoint one of the following individuals to serve as the mediator:(A) a department employee;(B) an employee from another Texas state agency; or(C) a person in the mediation profession who is not a Texas state employee (private mediator).(b) A private mediator may be appointed provided that:(1) the parties unanimously agree to use a private mediator;(2) the parties unanimously agree to the selection of the person to serve as the private mediator; and(3) the private mediator agrees to be subject to the direction of the ADR Administrator and to all time limits imposed by the ADR Administrator, statute or regulation.(c) If a private mediator or an employee from another Texas state agency is appointed to serve as the mediator, the costs for the services of that mediator shall be apportioned equally among the parties, unless otherwise agreed upon by the parties, and shall be paid directly to the private mediator or the other Texas state agency.(d) Unless the parties agree otherwise in writing, each party shall be responsible for its own costs incurred in connection with the mediation, including without limitation, costs of document reproduction, attorney's fees, consultant fees and expert fees.(e) The ADR Administrator may assign a substitute or additional mediator to a proceeding as the ADR Administrator deems necessary.", "sourceNote": "Source Note: The provisions of this §60.402 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213633", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.403", "label": "Qualifications, Standards, and Role of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213634", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A mediator must have completed a minimum of 40 hours of Texas mediation training as prescribed under Texas Civil Practices and Remedies Code §154.052.(b) A mediator shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.(c) A mediator shall preside over and facilitate the mediation of a contested matter. The mediator shall encourage and assist the parties in reaching a settlement, but may not compel or coerce the parties to enter into a settlement agreement. The mediator is not a decisionmaker in the contested matter.(d) Unless expressly authorized by the disclosing party, the mediator may not disclose to either party information given in confidence by the other. The mediator shall at all times maintain confidentiality with respect to communications relating to the subject matter of the dispute.", "sourceNote": "Source Note: The provisions of this §60.403 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213634", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.404", "label": "Disqualification of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213635", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the mediator is a SOAH ALJ, that person will not be permitted to sit as the ALJ for the case if the contested matter goes to hearing.(b) If the mediator is an employee of the department and the dispute does not settle, that mediator will not have any further contact or involvement concerning the contested matter.", "sourceNote": "Source Note: The provisions of this §60.404 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213635", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.405", "label": "Qualified Immunity of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213636", "queryAsDate": "03/11/2026" }, "ruleBody": "The mediator shall have the qualified immunity prescribed by the Texas Civil Practice and Remedies Code §154.055, if applicable.", "sourceNote": "Source Note: The provisions of this §60.405 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213636", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.406", "label": "Commencement of Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "141165", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mediation may begin, at the discretion of the director of enforcement, any time after the department anticipates initiation of an adverse action against a person.(b) The department may issue a notice of mediation along with a notice of alleged violation, a notice of continued license restrictions, or a notice of a proposed denial, as described under Subchapter I.(c) Prior to the submission of a Request for Docket Case form to SOAH, and with agreement of all parties, the ADR Administrator may schedule mediation upon any party's request.(d) After a Request for Docket Case form has been submitted to SOAH, the contested case is subject to SOAH's procedures under 1 TAC Chapter 155, and it is at the discretion of the ALJ whether mediation may apply or may continue to apply to a contested case.", "sourceNote": "Source Note: The provisions of this §60.406 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "141165", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.407", "label": "Stipulations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213637", "queryAsDate": "03/11/2026" }, "ruleBody": "When mediation does not result in the full settlement of a matter, the parties in conjunction with the mediator, may limit the contested issues through the entry of written stipulations. Such stipulations shall be forwarded or formally presented to the ALJ assigned to conduct the contested case hearing on the merits and shall be made part of the hearing record.", "sourceNote": "Source Note: The provisions of this §60.407 adopted to be effective July 1, 2009, 34 TexReg 4326." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213637", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.408", "label": "Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213638", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All agreements between or among parties that are reached as a result of mediation must be committed to writing and the terms of the agreement will be incorporated in an order that is subject to approval by the commission or the executive director.(b) A final written agreement to which the department is a signatory that is reached as a result of the mediation is subject to or excepted from required disclosure in accordance with Texas Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §60.408 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213638", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "J", "label": "MEDIATION FOR CONTESTED CASES" }, "rule": { "number": "§60.409", "label": "Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216041", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsections (c) and (d), a communication relating to the subject matter made by a participant in mediation, whether before or after the institution of formal mediation proceedings, is confidential, is not subject to disclosure, and may not be used as evidence against the participant in any separate legal proceeding.(b) Any notes or records made regarding a mediation are confidential, and participants, including the mediator, may not be required to testify in any separate legal proceeding relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.(c) An oral communication or written material used in or made a part of a mediation process is admissible or discoverable only if it is admissible or discoverable independent of the mediation.(d) If this section conflicts with other legal requirements for disclosure of communications or materials in a separate legal proceeding, the issue of confidentiality may be presented to the judge in that proceeding to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.(e) All communications in the mediation between parties and between each party and the mediator are confidential. No shared information will be given to the other party unless the party sharing the information explicitly gives the mediator permission to do so. Material provided to the mediator will not be provided to other parties and will not be filed or become part of the contested case record. All notes taken during the mediation conference will be destroyed at the end of the process.", "sourceNote": "Source Note: The provisions of this §60.409 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective June 1, 2023, 48 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216041", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.500", "label": "Military Subchapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226871", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter implements the provisions related to military service members, military veterans, and military spouses under Texas Occupations Code, Chapters 51 and 55 and other statutes applicable to specific programs regulated by the commission and the department, and the license portability provisions of the federal Servicemembers' Civil Relief Act found at 50 U.S.C. §4025a.", "sourceNote": "Source Note: The provisions of this §60.500 adopted to be effective January 1, 2014, 38 TexReg 9502; amended to be effective January 1, 2016, 40 TexReg 9119; amended to be effective January 1, 2024, 48 TexReg 8354." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226871", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.501", "label": "Military Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226872", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, have the following meanings.(1) Active duty--Current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by §437.001, Government Code, or similar military service of another state.(2) Apprenticeship or apprenticeship program--This term has the same meaning as defined by statute or rule for a specific license.(3) Armed forces of the United States--The Army, Navy, Air Force, Space Force, Coast Guard, or Marine Corps of the United States or a reserve unit of one of those branches of the armed forces.(4) Military service member (service member)--A person who is on active duty.(5) Military spouse--A person who is married to a military service member.(6) Military veteran (veteran)--A person who has served on active duty and who was discharged or released from active duty.(7) Reserve unit of the armed forces of the United States--The Army National Guard of the United States, the Air National Guard of the United States, the Army Reserve, the Navy Reserve, the Air Force Reserve, the Coast Guard Reserve, and the Marine Corps Reserve. (8) Similar military service of another state--The state Army National Guard, state Air National Guard, or state guard.", "sourceNote": "Source Note: The provisions of this §60.501 adopted\r\nto be effective January 1, 2014, 38 TexReg 9502; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 9119; amended to be effective May 1, 2022,\r\n47 TexReg 2127; amended to be effective January 1, 2024, 48 TexReg\r\n8354; amended to be effective December 1, 2025, 50 TexReg 7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226872", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.502", "label": "Determining the Amount of Military Experience, Service, Training, or Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226873", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The amount of military experience, service, training or education, which an applicant submits for purposes of meeting the licensing requirements of a specific license will be determined in accordance with §60.35.(b) An applicant will receive credit for time incurred in training or in performing the specific work, duties, or functions that are applicable for a specific license. The amount of time credited may be limited to a maximum amount of time (hours, months or years) as specified by statute or rule for a specific license or may be less than the total amount of time (hours, months or years) the applicant has served in the military.", "sourceNote": "Source Note: The provisions of this §60.502 adopted to be\r\neffective January 1, 2014, 38 TexReg 9502; amended to be effective\r\nJanuary 1, 2024, 48 TexReg 8354; amended to be effective December\r\n1, 2025, 50 TexReg 7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226873", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.504", "label": "Extension of Certain Deadlines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226874", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Texas Occupations Code, §55.003, a service member whose license expired while on active duty is entitled to two years of additional time to complete:(1) any continuing education requirements; and(2) any other requirement related to the renewal of the service member's license.", "sourceNote": "Source Note: The provisions of this §60.504 adopted\r\nto be effective January 1, 2014, 38 TexReg 9502; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 9119; amended to be effective January 1,\r\n2024, 48 TexReg 8354; amended to be effective December 1, 2025, 50\r\nTexReg 7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226874", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.510", "label": "License Requirements for Applicants with Military Experience, Service, Training, or Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226875", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Texas Occupations Code §§51.4013, 55.007, 55.008, and 1305.1645(a).(b) This section applies to a military service member and a military veteran as defined under §60.501.(c) An applicant under this section will be eligible to receive credit for verified military experience, service, training, or education in meeting the licensing requirements, other than an examination requirement, for a specific license issued by the department. (d) If an apprenticeship is required for a license issued by the department, the department will credit verified military experience, service, training, or education that is relevant to the occupation toward the apprenticeship requirements for the license.(e) An applicant who seeks to receive credit for verified military experience, service, training, or education must submit the following documentation:(1) a license application and any supporting documents associated with the specific department license; and(2) a supplemental application and supporting documents including;(A) if the applicant is a service member, a copy of the applicant's military orders or other documents verifying the applicant's active duty status;(B) if the applicant is a veteran, documents verifying the applicant's veteran status; and(C) documentation showing the type and amount of related military experience, service, training, or education applicable to a specific license.(f) The amount of military experience, service, training, or education, which an applicant submits for purposes of meeting the licensing requirements of a specific license will be determined in accordance with §60.502.(g) An applicant under this section must pass any applicable examination required for obtaining the license.(h) The applicant under this section must pass a criminal history background check. The department may deny an application if the applicant has a disqualifying criminal history.", "sourceNote": "Source Note: The provisions of this §60.510 adopted to be\r\neffective January 1, 2014, 38 TexReg 9502; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 9119; amended to be effective May 1, 2022,\r\n47 TexReg 2127; amended to be effective January 1, 2024, 48 TexReg\r\n8354; amended to be effective December 1, 2025, 50 TexReg 7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226875", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.512", "label": "Expedited Alternative Licensing Requirements--Similar Scope of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226876", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Texas Occupations Code §§55.004, 55.005, 55.006, and 55.0042.(b) This section applies to a military service member, a military veteran, and a military spouse, as defined under §60.501. (c) An applicant under this section is eligible to obtain a license issued by the department if:(1) the applicant holds a current license, issued by another state, that has a scope of practice similar to that of a license issued by the department; and(2) the applicant is in good standing with the other state's licensing authority pursuant to Texas Occupations Code §55.0042. (d) To apply for a license under this section, an applicant must submit:(1) a license application and any supporting documents required by the application;(2) a supplemental application including:(A) if the applicant is a service member, a copy of the applicant's military orders or other documents verifying the applicant's active duty status;(B) if the applicant is a veteran, documents verifying the applicant's veteran status; or(C) if the applicant is a military spouse, a copy of the applicant's marriage license or certificate and a copy of the service member's military orders or other documents verifying the service member's active duty status.(3) a copy of the applicant's out-of-state license; and(4) documentation verifying that the applicant is in good standing with the other state's licensing authority.(e) An applicant who qualifies for a license under this section is not required to take any applicable examination required for obtaining the specific license.(f) The applicant under this section must pass a criminal history background check. The department may deny an application if the applicant has a disqualifying criminal history.(g) An application under this section shall be expedited in accordance with Texas Occupations Code §55.005.(h) Pursuant to Texas Occupations Code §55.004(b), the executive director may waive any prerequisite to obtaining a license for an applicant under this section after reviewing the applicant's credentials.(i) A service member, veteran, or spouse who obtains a license under this section must comply with all the license renewal requirements including fees for the specific license obtained.(j) The department has sole discretion in determining whether an applicant's out-of-state license is similar in scope to a license issued by the department.", "sourceNote": "Source Note: The provisions of this §60.512 adopted to be\r\neffective December 1, 2025, 50 TexReg 7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.514", "label": "Expedited Alternative Licensing Requirements--Previously Held Texas License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226877", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Texas Occupations Code §§55.004, 55.005, and 55.006, as they relate to an applicant who held a license issued by the department within the last five years.(b) This section applies to a military service member, a military veteran, and a military spouse, as defined under §60.501. (c) An applicant under this section is eligible to obtain a license issued by the department if the applicant within the five years preceding the application date held the same license in this state.(d) To apply for a license under this section, an applicant must submit:(1) a license application and any supporting documents required by the application; and(2) a supplemental application including:(A) if the applicant is a service member, a copy of the applicant's military orders or other documents verifying the applicant's active duty status;(B) if the applicant is a veteran, documents verifying the applicant's veteran status; or(C) if the applicant is a military spouse, a copy of the applicant's marriage license or certificate and a copy of the service member's military orders or other documents verifying the service member's active duty status.(e) An applicant who qualifies for a license under this section is not required to take any applicable examination required for obtaining that specific license.(f) The applicant under this section must pass a criminal history background check. The department may deny an application if the applicant has a disqualifying criminal history.(g) An application under this section shall be expedited in accordance with Texas Occupations Code §55.005.(h) Pursuant to Texas Occupations Code §55.004(b), the executive director may waive any prerequisite to obtaining a license for an applicant under this section after reviewing the applicant's credentials.", "sourceNote": "Source Note: The provisions of this §60.514 adopted to be\r\neffective January 1, 2016, 40 TexReg 9119; amended to be effective\r\nMay 1, 2022, 47 TexReg 2127; amended to be effective January 1, 2024,\r\n48 TexReg 8354; amended to be effective December 1, 2025, 50 TexReg\r\n7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226877", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.516", "label": "Expedited Alternative Licensing Requirements--Demonstration of Competency by Alternative Methods" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226878", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Texas Occupations Code §§55.004, 55.005, and 55.006, as they relate to an applicant that demonstrates competency by alternative methods.(b) This section applies to a military service member, a military veteran, and a military spouse, as defined under §60.501. (c) The department may allow an applicant under this section to demonstrate competency by alternative methods to meet the requirements for obtaining a specific license issued by the department. For purposes of this section, the standard method of demonstrating competency is the specific examination, education, and/or experience required to obtain a specific license.(d) In lieu of the standard method(s) of demonstrating competency for a specific license and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the department:(1) education;(2) continuing education;(3) examinations (written and/or practical);(4) letters of good standing;(5) letters of recommendation;(6) work experience; or(7) other methods approved or accepted by the executive director.(e) To apply for a license under this section, an applicant must submit:(1) a license application and any supporting documents required by the application;(2) a supplemental application including:(A) if the applicant is a service member, a copy of the applicant's military orders or other documents verifying the applicant's active duty status;(B) if the applicant is a veteran, documents verifying the applicant's veteran status; or(C) if the applicant is a military spouse, a copy of the applicant's marriage license or certificate and a copy of the service member's military orders or other documents verifying the service member's active duty status; and(3) documents specified under subsection (d) that demonstrate the applicant's competency to be evaluated by the department.(f) The applicant under this section must pass a criminal history background check. The department may deny an application if the applicant has a disqualifying criminal history.(g) An application under this section shall be expedited in accordance with Texas Occupations Code §55.005.", "sourceNote": "Source Note: The provisions of this §60.516 adopted to be\r\neffective January 1, 2016, 40 TexReg 9119; amended to be effective\r\nJanuary 1, 2024, 48 TexReg 8354; amended to be effective December\r\n1, 2025, 50 TexReg 7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226878", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.517", "label": "Provisional Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226879", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to a military service member, a military veteran, and a military spouse, as defined under §60.501. (b) On receipt by the department of an application for a license, or for recognition of an out-of-state license, the department shall promptly issue a provisional license to the applicant or issue the license or recognition for which the applicant applied. A provisional license issued under this subsection expires on the earlier of:(1) the date the department approves or denies the provisional license holder's application for the license or for recognition of a license; or(2) the 180th day after the date the provisional license is issued.", "sourceNote": "Source Note: The provisions of this §60.517 adopted\r\nto be effective December 1, 2025, 50 TexReg 7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226879", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.518", "label": "Recognition of Out-of-State License of Military Service Members and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226880", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Texas Occupations Code §55.0041 and the license portability provisions of the federal Servicemembers' Civil Relief Act found at 50 U.S.C. §4025a.(b) This section applies to a military service member or military spouse as defined under §60.501.(c) A service member or military spouse may engage in a business or occupation for which a license is required without obtaining the applicable Texas license if:(1) the applicant holds a current license, issued by another state, that has a scope of practice similar to that of a license issued by the department;(2) the applicant is in good standing with the other state's licensing authority pursuant to Texas Occupations Code §55.0042; and(3) the department recognizes the out-of-state license pursuant to this section.(d) In order for an out-of-state license to be recognized under this section, a service member or military spouse must apply, in a manner determined by the department, and provide:(1) a copy of the service member's military orders showing relocation to Texas;(2) a copy of the out-of-state license, or if unavailable, other identifying information required by the department;(3) if the applicant is a military spouse, a copy of the marriage license or certificate and a copy of the service member's military orders or other documents verifying the service member's active duty status; and(4) a notarized statement affirming, under penalty of perjury, that:(A) the applicant is the person described and identified in the application;(B) all statements in the application are true, correct, and complete;(C) the applicant understands the scope of practice for the applicable license in this state and will not perform outside of that scope of practice; and(D) the applicant is in good standing in each state in which the applicant holds or has held an applicable license.(e) In addition to the above requirements, an applicant under this section must pass a criminal history background check. The department may deny an application if the applicant has a disqualifying criminal history.(f) Not later than the 10th business day after the date the department receives an application under subsection (d), the department shall notify the applicant that:(1) the department recognizes the applicant's out-of-state license;(2) the application is incomplete; or(3) the department is unable to recognize the applicant's out-of-state license because:(A) the department does not issue a license that has a scope of practice that is similar to the applicant's out-of-state license; or(B) the applicant has a disqualifying criminal history.(g) A person whose out-of-state license is recognized pursuant to this section:(1) may engage in the authorized business or occupation for the duration of the person's military orders; and(2) must immediately notify the department if the person is no longer in good standing with the licensing authority that issued the license recognized by the department.(h) The department shall withdraw its recognition of a person's out-of-state license if it determines that the person is no longer in good standing with the licensing authority that issued the license.(i) In the event of a divorce or similar event that affects a person's status as a spouse, a former spouse whose out-of-state license has been recognized pursuant to this section may continue to engage in the business or occupation until the third anniversary of the date the former spouse submitted an application for recognition under this section.(j) An individual who engages in a business or occupation under the authority or license established by this section is subject to the enforcement authority granted under Texas Occupations Code, Chapter 51, this chapter, and the laws and regulations applicable to the business or occupation in Texas.(k) An application under this section shall be expedited in accordance with Texas Occupations Code §55.005.(l) If a service member or spouse of a service member is licensed by way of an interstate licensure compact with Texas, the service member or spouse shall be subject to the requirements of the compact and the applicable laws of this State, and not this section.", "sourceNote": "Source Note: The provisions of this §60.518 adopted to be\r\neffective January 1, 2024, 48 TexReg 8354; amended to be effective\r\nDecember 1, 2025, 50 TexReg 7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226880", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "K", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§60.520", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211493", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Occupations Code §55.009, the initial license application fee and any examination fees paid to the department are waived for an applicant who is a military service member, military veteran, or military spouse. The applicant is responsible for paying any examination fees that are charged by a third-party examination vendor.(b) Pursuant to Texas Occupations Code §55.002, an individual who provides the department with satisfactory documentation that the individual was serving as a service member during a license renewal period may renew that license by paying the renewal fee and is exempt from paying a late renewal fee.", "sourceNote": "Source Note: The provisions of this §60.520 adopted to be\r\neffective December 1, 2025, 50 TexReg 7549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211493", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "L", "label": "DEPARTMENT PERSONNEL" }, "rule": { "number": "§60.600", "label": "Department Employee Training and Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Government Code, Chapter 656, Subchapter C (the State Employees Training Act), department employees may be permitted or required to attend training or education programs if those programs relate to the employee's duties or prospective duties, materially aid effective administration of the department's functions, and serve an important public purpose.(b) Training and Education Programs.(1) The department may provide training or education for an employee if the employee's supervisor determines that the employee and the specific training or education program meet the eligibility criteria included in the department's personnel manual.(2) Employees who receive training or education must utilize the training or education to prepare for technological and legal developments facing the department, or to increase professional capabilities and competence directly related to the work of the department.(c) Tuition Reimbursement Program.(1) The department has established a Tuition Reimbursement Program as authorized under Texas Government Code §656.047(b). This program applies to a training or education program offered by an institution of higher education or private or independent institution of higher education as defined by Texas Education Code §61.003.(2) The department may reimburse a full-time regular employee for tuition expenses if the employee meets the eligibility criteria and the employee obligations included in the department's personnel manual. The department may only pay the tuition expenses for a program course successfully completed by an employee at an accredited institution of higher education.(3) An employee seeking tuition reimbursement must submit a request for reimbursement in accordance with the department's personnel manual. The executive director must authorize the tuition reimbursement payment before an employee may be reimbursed under Texas Government Code §656.047(b).(d) Training with Extended Absence from Job Duties.(1) If an employee receives training that will be paid for by the department, and during which the employee will not be performing the employee's regular duties for three months or more, the employee, prior to receiving the training, must enter into a written agreement with the department to comply with the requirements of Texas Government Code §656.103(a).(2) An employee who fails or refuses to enter into such an agreement shall not be permitted to attend training lasting three or more months.(3) In addition to the written agreement, an employee must meet the eligibility criteria and the employee obligations included in the department's personnel manual.(e) The department shall pay the costs and expenses related to any approved training under this section in accordance with the Texas Government Code, Chapter 656, Subchapter C; the Comptroller's rules and regulations; and the department's policies relating to employee reimbursement included in the department's personnel manual.", "sourceNote": "Source Note: The provisions of this §60.600 adopted to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211494", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "L", "label": "DEPARTMENT PERSONNEL" }, "rule": { "number": "§60.601", "label": "Department Sick Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223117", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Government Code, Chapter 661, Subchapter A, State Employee Sick Leave Pool, the department has established a sick leave pool to assist employees and their immediate families in dealing with catastrophic illness or injury that forces them to exhaust all accrued sick leave.(b) The department's sick leave pool shall be administered by the executive director in accordance with Texas Government Code, Chapter 661, Subchapter A; the Texas Human Resources Statutes Inventory Manual and the Sick Leave Guide published by the Texas State Auditor's Office; and any other applicable laws and regulations.(c) The executive director shall develop and prescribe policies and procedures for the operation of the sick leave pool and include those policies and procedures in the department's personnel manual.", "sourceNote": "Source Note: The provisions of this §60.601 adopted to be effective January 1, 2023, 47 TexReg 8627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223117", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "M", "label": "CONTINUING EDUCATION AUDITS FOR LICENSE RENEWALS IN CERTAIN PROGRAMS" }, "rule": { "number": "§60.700", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223118", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter applies to a holder of a license with continuing education requirements for renewal of the license in the programs administered by the department under the following statutes:(1) Texas Government Code, Chapter 171, Court-Ordered Education Programs;(2) Texas Health and Safety Code, Chapter 401, Subchapter M, Laser Hair Removal;(3) Texas Occupations Code, Chapter 203, Midwives;(4) Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists;(5) Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers;(6) Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists;(7) Texas Occupations Code, Chapter 451, Athletic Trainers;(8) Texas Occupations Code, Chapter 455, Massage Therapy;(9) Texas Occupations Code, Chapter 605, Orthotists and Prosthetists;(10) Texas Occupations Code, Chapter 701, Dietitians;(11) Texas Occupations Code, Chapter 1952, Code Enforcement Officers;(12) Texas Occupations Code, Chapter 1953, Sanitarians; and(13) Texas Occupations Code, Chapter 1958, Mold Assessors and Remediators.(b) This subchapter is promulgated under Texas Occupations Code §51.203 and the statutes listed under subsection (a).(c) Except as provided by subsection (d), the provisions of this subchapter are in addition to all other laws and rules applicable to the programs listed under subsection (a).(d) The continuing education audit provisions of this subchapter supersede:(1) any continuing education audit provisions that are included in the rules of the programs listed under subsection (a); and(2) any other methods of verifying continuing education compliance that are included in the rules of the programs listed under subsection (a).(e) This subchapter does not affect the department's authority to conduct inspections or investigations that involve examining the license holder's continuing education records.", "sourceNote": "Source Note: The provisions of this §60.700 adopted to be effective January 1, 2025, 49 TexReg 10645." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223118", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "60", "label": "PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT" }, "subchapter": { "number": "M", "label": "CONTINUING EDUCATION AUDITS FOR LICENSE RENEWALS IN CERTAIN PROGRAMS" }, "rule": { "number": "§60.701", "label": "Continuing Education Audits for License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148554", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department may employ the audit system provided by this section to verify compliance with the continuing education requirements established for the programs listed under §60.700(a). The department may audit a license holder under this section for each renewal of the license.(b) Continuing education records.(1) In this section, the term \"continuing education records\" means copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the license holder's attendance, participation, and completion of the continuing education required for renewal of the license.(2) A license holder must maintain continuing education records applied toward a license renewal for two years after the date the license renewal is issued by the department.(c) Continuing education audit process.(1) The department will select for audit a random sample of license holders on a periodic basis at its discretion. The audit may occur before, during, or after the license renewal process.(2) If selected for audit, the license holder must submit to the department continuing education records for the most recent renewal of the license within 30 calendar days after notification of the audit.(3) A continuing education audit does not affect the renewal process for the license holder.(4) A license holder who is deficient in the continuing education required for the most recent renewal of the license must complete all deficient continuing education within 90 calendar days after notification of the deficiency to maintain licensure.(d) A license holder is subject to disciplinary action for:(1) failure to submit continuing education records within 30 calendar days after notification of the audit;(2) providing false information during the audit process or the renewal process;(3) being deficient in the continuing education required for the most recent renewal of the license; or(4) failure to complete all deficient continuing education within 90 calendar days after notification of the deficiency.(e) Continuing education obtained to correct a deficiency or as part of a disciplinary action may not be applied toward the continuing education required for the next renewal of the license.", "sourceNote": "Source Note: The provisions of this §60.701 adopted to be effective January 1, 2025, 49 TexReg 10645." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148554", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220023", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapter 2052 and Texas Occupations Code, Chapter 51.", "sourceNote": "Source Note: The provisions of this §61.1 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective October 15, 2010, 35 TexReg 9081." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220023", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207960", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms have the following meanings:(1) Badge--A department-issued credential provided to timekeepers, judges, referees and ringside physicians who officiate at combative sports events.(2) Chief second--The second designated by the contestant as the primary advisor or assistant to the contestant.(3) Code--The Texas Occupations Code, Chapter 2052, \"Combative Sports\".(4) Contestant--Any participant, including a professional combative sports contestant, who competes in a combative sport event regulated by the Code.(5) Deadwood--The numerical difference between tickets printed and tickets used.(6) Federal Identification Card--A nationally recognized identification card issued by the National Boxing Registry or the National Mixed Martial Arts Registry required for competition in a combative sport event.(7) Full Contact--Contact made while intentionally striking a blow with any part of the body to an opponent when the contact has the potential to temporarily disable or to injure an opponent.(8) Knock-down--A knock-down occurs when any part of a contestant's body, other than the feet, contacts the floor of the ring or fighting area as a result of a blow struck to the contestant by an opponent.(9) License or Registration--A document issued by the executive director permitting a person to participate at an event or perform a function regulated by the Code.(10) Manager--A person who, under contract, agreement, or other arrangement with a contestant undertakes to directly or indirectly, control, or administer a professional combative sports contestant's affairs.(11) Person--Any natural person, corporation, partnership, association or other similar entity.(12) Purse--The financial guarantee or any other remuneration promised to contestants for participating in an event and includes guarantees for cable pay per view, radio, television or motion picture rights.(13) Ring Officials--Referees, judges, ringside physicians and timekeepers.(14) Ringside Physician--An individual who has an unrestricted and unlimited license to practice medicine in this state and who by agreement, is assigned as the physician for a combative sports event.(15) Second--A person who provides assistance or advice to a contestant during a contest.(16) Slap Fighting--A combative sport in which contestants take turns striking each other in the face with an open hand.(17) Technical Zone--An alcohol free area located between the ring and a department-approved barrier with access restricted to designated medical personnel and equipment; working officials including, managers, ring officials, contestants, seconds, the promoter, promoter representatives and assignees, round card staff, department staff, assigned contract inspectors, authorized members of the media, authorized members of the event's sanctioning bodies, and security personnel; and regulatory oversight authorities.(18) Timekeeper--A person who is the official timer of the length of rounds/heats and the intervals between rounds/heats and counts when a contestant is down.", "sourceNote": "Source Note: The provisions of this §61.10 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective October 15, 2010, 35 TexReg 9081; amended to be effective January 1, 2014, 38 TexReg 9505; amended to be effective September 1, 2015, 40 TexReg 5145; amended to be effective March 1, 2022, 47 TexReg 910; amended to be effective August 15, 2024, 49 TexReg 5949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207960", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.20", "label": "General Licensing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Professional combative sports contestants, promoters, referees, judges, and managers who officiate or participate in a regulated professional event authorized by the Code must be licensed or registered by the executive director. Referees who officiate at regulated amateur events must also be licensed or registered by the executive director.(b) Amateur combative sports associations must be registered by the executive director.(c) If a licensee or registrant other than a contestant changes his or her address of record, the licensee or registrant shall inform the executive director in writing of the change within 30 days.(d) Each applicant must submit a completed application or renewal form, a contestant consent form for drug testing as required by the department, and pay the appropriate fees.(e) All licensing requirements for contestants should be completed at least 72 hours before an event.", "sourceNote": "Source Note: The provisions of this §61.20 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective December 1, 2007, 32 TexReg 8470; amended to be effective October 15, 2010, 35 TexReg 9081; amended to be effective June 17, 2013, 38 TexReg 3781; amended to be effective January 1, 2014, 38 TexReg 9505; amended to be effective March 1, 2022, 47 TexReg 910." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148557", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.21", "label": "Licensing Requirements--Referees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148558", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify for a new license as a referee, an applicant must:(1) be at least 21 years of age;(2) provide information sufficient for the department to verify that the applicant has not been convicted of an offense that directly relates to the duties and responsibilities of a referee;(3) demonstrate the ability to perform the functions of a referee by:(A) having completed a training program provided by, or approved by the executive director, that consists of classroom training and an internship program; or,(B) meeting one or more of the following:(i) having at least three years active experience as a referee in the combative sport in which he seeks endorsement by having officiated in at least ten combative sporting events per year;(ii) being currently licensed and in good standing as a referee in a state that the executive director has determined has licensing requirements that are equivalent to Texas' requirements; or(iii) having formerly held a Texas referee's license that lapsed in good standing.(b) These requirements may be waived by the executive director for any applicant who is licensed and in good standing as a referee with any department-approved sanctioning body such as the World Boxing Council, World Boxing Association, International Boxing Federation, or World Boxing Organization.(c) Referee licenses will be endorsed showing each class of bouts in which they may officiate with one or more of the following legends:(1) B (Boxing); and(2) M (Mixed martial arts and Kickboxing.)(d) An endorsement may be obtained by completion of classroom training and an internship program provided or approved by the executive director for that class of endorsement.(e) Persons renewing licenses, or obtaining new licenses on the basis of holding a license from another state or formerly having held a Texas license, may obtain one or more endorsements by providing proof acceptable to the executive director of previous experience refereeing contests in the class of endorsement(s) sought.(f) Referees must have an endorsement for a class in order to referee events in that class.", "sourceNote": "Source Note: The provisions of this §61.21 adopted to be effective February 1, 2006, 31 TexReg 481; amended to be effective December 1, 2007, 32 TexReg 8470; amended to be effective October 15, 2010, 35 TexReg 9081." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148558", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.22", "label": "Licensing Requirements--Judges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify for a new license as a judge, an applicant must:(1) be at least 21 years of age;(2) provide information sufficient for the department to verify that the applicant has not been convicted of an offense that directly relates to the duties and responsibilities of a judge;(3) demonstrate the ability to perform the functions of a judge by:(A) having observed and completed score cards for all contests in at least five events while under the supervision of the department and scoring the contests in keeping with standards established by the executive director; or,(B) meeting one or more of the following:(i) having at least three years active experience as a judge and/or referee by having officiated in at least ten combative sporting events per year;(ii) being currently licensed and in good standing as a judge in a state that the executive director has determined has licensing requirements that are equivalent to Texas' requirements; or(iii) having formerly held a Texas judge's license that lapsed in good standing.(b) These requirements may be waived by the executive director for any applicant who is licensed and in good standing as a judge with any department-approved sanctioning body such as the World Boxing Council, World Boxing Association, International Boxing Federation, or World Boxing Organization.(c) To obtain or renew a license, a judge must provide test results showing visual acuity in each eye of at least 20/40 corrected. The test must have been performed by a licensed Optometrist or licensed Ophthalmologist no more than three years before the application for licensure or license renewal is filed.", "sourceNote": "Source Note: The provisions of this §61.22 adopted to be effective February 1, 2006, 31 TexReg 481; amended to be effective December 1, 2007, 32 TexReg 8470; amended to be effective October 15, 2010, 35 TexReg 9081." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207961", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.23", "label": "General Prohibitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123150", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Judges, Timekeepers, Referees, and Ringside Physicians may not have a direct or indirect financial interest in any contestant.(b) Contestants and ring officials licensed under the Code may not participate in an illegal event.(c) Persons under the age of 17 will not be issued a license. Minors age 17 but not yet 18 may be issued a contestant's license with a notarized written consent from a parent or guardian. A person age 36 or older applying for a contestant's license shall also submit a report of favorable physical testing conducted within the previous twelve months including but not limited to an EEG (electroencephalography), and an EKG (electrocardiogram). The applicant may request an administrative hearing if the executive director determines the physical testing results are not favorable in any way and fails to issue a license for that reason.(d) A promoter may not act as, and may not be a timekeeper or licensed as a referee or judge. A promoter may be licensed as a manager and may act as a second. A promoter may be licensed as a contestant unless prohibited by Federal law.(e) A promoter shall not permit a promoter's license to be used by another person.(f) Licensed promoters may engage in promotions with other licensed promoters so long as each promoter holds a valid unexpired license.(g) No person shall be allowed to participate in an event performing a function for which a license is required, unless the person has proof of identification and a current license. Acceptable proof of identification includes driver's licenses, passport, state issued identification cards, federal identification cards, or any other identification required by the executive director.(h) A contestant may not act as, and may not be licensed as a judge.(i) A person who is an officer or director of a Ranking Organization may not act as, and may not be licensed as a judge.", "sourceNote": "Source Note: The provisions of this §61.23 adopted to be effective February 1, 2006, 31 TexReg 481; amended to be effective October 15, 2010, 35 TexReg 9081; amended to be effective January 1, 2014, 38 TexReg 9505; amended to be effective March 1, 2022, 47 TexReg 910." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123150", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.24", "label": "Practice Requirements--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All licensees and registrants shall behave in a professional manner and at all times pertinent to the event, exhibit the highest degree of sportsmanlike conduct.(b) All licensees and registrants shall carry out the terms and conditions of contracts concerning combative sports events regulated by this state to which they are parties.(c) From the weigh-in until an event's conclusion, a licensee, upon request, shall present to department personnel his license. Failure to do so may result in the licensee being denied access to the event other than as a ticket holder.", "sourceNote": "Source Note: The provisions of this §61.24 adopted to be effective February 1, 2006, 31 TexReg 481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165414", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.30", "label": "Responsibilities and Authority of the Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207962", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director, or his designee, has complete authority over all phases of an event, including, but not limited to the weigh-in, matching of contestants, entrance to the forum, access to the technical zone, audit of ticket sales, payment of purses and changing of a rendered decision in accordance with subsection (n).(b) For all professional events the executive director, or his designee, will assign the timekeepers, referees, ringside physicians and judges.(c) In title and championship bouts the executive director, or his designee, will consult with the sponsoring or sanctioning bodies on the assignment of judges and referees. The executive director, or his designee, will make assignments for such bouts.(d) The executive director or his designee, will evaluate an applicant's or licensee's fitness for licensure as a contestant based on the totality of his or her physical condition, taking into account the following indicators:(1) under the age of 18;(2) actual age;(3) number of bouts;(4) number of rounds fought;(5) number of identified injuries;(6) number of knockouts and technical knockouts suffered within the last 12 months, specifically those where the contestant lost consciousness;(7) periods of inactivity in excess of 12 calendar months;(8) ring record for the past twenty-four months;(9) weight, including fluctuations in weight; and(10) any health or mental condition that may contribute to the lack of ability to perform.(e) The executive director may request medical tests to prove gender of a contestant.(f) The executive director, or his designee, may recognize and enforce disciplinary sanctions, disqualification, or medical suspensions imposed by other combative sport authorities. If the executive director, or his designee, proposes to deny licensure based on action of another jurisdiction, the applicant has a right to an opportunity for a hearing.(g) Selection and Assignment of Ring Officials(1) The executive director, or his designee, will assign ring officials to ensure the highest degree of safety for contestants. The department will assist ring officials in developing expertise in the combative sports of their choice, to include training and shadow officiating.(A) Ringside Physicians must hold a license as defined by §61.10(15); and(B) Demonstrate by training, education, or experience, knowledge in the diagnoses and treatment of sports related trauma.(2) To officiate at an assigned event, a ring official will be issued a department badge after executing a signed acknowledgement agreeing to the following terms.(A) The badge is the property of the department and may only be used at an event to which the ring official has been assigned.(B) A ring official shall surrender the badge at any time at the direction of the executive director, or his designee, if used to gain access to a regulated event the ring official has not been assigned to work or for any other reason that violates department rules or the code.(C) Failure to surrender the badge upon direction of the executive director or his designee may result in disciplinary action and removal from the pool of qualified ring officials.(3) The key determining factors for assigning ring officials are:(A) the ring official's level of expertise in connection with the level of expertise required for a particular bout and a particular combative sport;(B) the location of the event;(C) the location of the ring official's residence; and(D) any other factors as determined by the executive director.(4) A ring official who declines to work an event may be removed from the pool of qualified ring officials.(5) The name of a ring official who declines to work an event five times in succession will be removed from the pool of qualified ring officials.(6) A ring official who uses his badge to gain access to a regulated event to which he has not been assigned or who violates department rules or the code may be removed from the pool of qualified ring officials.(7) In order to be reinstated to the pool of qualified ring officials, a ring official may be required to complete additional training as determined by the executive director, in addition to any other qualifications.(h) The executive director, or his designee, shall assign two timekeepers for each event, one to keep time and one to count for knock-downs.(i) The executive director, or his designee, may eject any person from an event who violates department rules or the Code.(j) The executive director, or his designee, will not approve matches between contestants in different weight categories, except by weight tolerances as stated in §61.105.(k) The executive director, or his designee, will not approve matches between genders.(l) The executive director, or his designee, may waive the application of a rule to an event if he determines that such waiver will not negatively affect the safety of any contestant and that the spirit of the Code and this chapter is served by such waiver. The waiver must be in writing or later confirmed in writing.(m) Licensure or registration does not automatically authorize an individual to participate in an event.(n) A decision rendered after a contest is final and shall not be changed unless:(1) following the rendition of a decision the executive director determines that any one of the following occurred:(A) the compilation of the score card of the judges shows an error which would mean that the decision was given to the wrong contestant;(B) there was a violation of the laws or rules and regulations governing combative sports which affected the result of any bout; or(C) the winner of a bout tested positive immediately before or after the bout for a substance listed in §61.47(q).(2) If the executive director determines that any of paragraph (1)(A) - (C) occurred with regards to any bout then the decision rendered shall be changed as the executive director may direct.(o) The executive director, or his designee, may approve championship or title bouts if the department has recognized the sponsoring sanctioning organization as a legitimate combative sport organization.(p) The executive director, or his designee, may require of a contestant, neurological or other medical testing.(q) The executive director, or his designee, shall have sole control over the technical zone including but not limited to who may be admitted to the zone.", "sourceNote": "Source Note: The provisions of this §61.30 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective October 15, 2010, 35 TexReg 9081; amended to be effective March 1, 2013, 38 TexReg 1141; amended to be effective January 1, 2014, 38 TexReg 9505." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207962", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.40", "label": "Responsibilities of the Promoter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Bond and Insurance Requirements for Promoters(1) At the time of licensure and upon each renewal, a promoter applicant must submit to the department proof of financial responsibility by:(A) submitting a $15,000 surety bond written by a bonding company authorized to do business in the State of Texas guaranteeing payment of all obligations, except gross receipts taxes, arising out of events promoted by the applicant which shall remain in effect for four years after the effective cancellation date; and(B) submitting a $15,000 surety bond, written by a bonding company authorized to do business in the State of Texas, guaranteeing payment of gross receipts taxes owed for promoted events, which shall remain in effect for four years after the effective cancellation date.(2) The promoter shall provide insurance and pay all deductibles for contestants, to cover medical, surgical and hospital care with a minimum limit of $50,000 for injuries sustained while participating in a contest and $100,000 to a contestant's estate if he dies of injuries received while participating in a contest. The insurance premium and deductibles shall not be deducted from the contestant's purse. At least ten calendar days before an event, the promoter shall provide to the department for each event sponsored, a certificate of insurance showing proper coverage. The promoter shall supply to those participating in the event the proper information for filing a medical claim.(b) A promoter shall:(1) Bear all financial responsibility for the event.(2) Provide the department written notice of all proposed event dates, ticket prices, and participants of the main event, at least 21 days before the proposed event date and obtain written department approval to promote the event before advertising or selling tickets. Promoters who have cancelled or postponed two events in sequence after having obtained department approval for the events will be required to pay the permit fee set out in §61.80(c) at the time the 21 day notice is filed. The fee will not be refunded.(3) Obtain written department approval for the fight card at least 10 working days before the event date in a manner prescribed by the department. The request shall contain the full legal name, address, date-of-birth, Texas contestant license number, Federal Identification number, weight, previous fight record (by supplying current results from the contestant's boxing registry recognized by the Professional Boxing Safety Act of 1996, 15 USC §§6301-6313 or from Mixed Martial Arts, LLC the national registry for MMA contestants), and number of rounds to be fought for each contestant. In addition, the department may require submission of certified birth certificates or other official evidence of identification.(4) Provide written notice to the department of any change in the card before the scheduled weigh-in. Notices announcing changes or substitutions in the card must also be conspicuously posted at the box office and announced from the ring before the opening bout.(5) Provide to the department, written notice of any change in the announced or advertised location, time or card cancellations before the scheduled weigh-in.(6) Provide two ringside physicians, to be assigned by the department, for each event.(7) Provide at least one physician to conduct pre-fight physicals. The department may require additional physicians depending on the event size. Provide a private area for the ringside physician to perform pre-fight examinations.(8) Assure that beverages are only allowed in paper or plastic cups at the event.(9) Immediately after the event, compensate the ringside physicians, timekeepers, judges, referees and contestants. Payment of percentage contracts shall be made when the amount can be determined. Payments that do not require additional accounting or auditing, shall be made in the presence of an authorized department representative.(10) Provide no less than two private dressing rooms of adequate size for the contestants, their licensed managers, and seconds, and separate dressing rooms for male and female contestants. Only working department employees, contract inspectors, media, physicians, working ring officials, promoter staff, manager, and seconds will be allowed in the dressing rooms.(11) Ensure that no alcoholic beverages or illegal drugs are in the dressing room.(12) Ensure the safety of the contestants, officials, and spectators.(A) There shall be a pre-fight plan and route to remove an injured contestant from the ring and arena. The promoter shall inform the department of the plan which shall include the name and location of a local hospital emergency room.(B) A sufficient number of security personnel shall be retained to maintain order.(13) Schedule no less than 24 or more than 60 rounds for each boxing event. No bout shall exceed 10 rounds, except a championship or title bout which shall not exceed 12 rounds. A sparring or exhibition bout shall not exceed three rounds.(14) Schedule no less than 6 or more than 15 bouts for each mixed martial arts event.(15) Ensure that the rules in §61.106 regarding equipment and gloves that apply to a particular type of event are followed and that each event is conducted in compliance with the following:(A) The ring apron shall be kept clear at all times of objects including, but not limited to: cameras, microphones, and advertisements. A separate camera platform at a neutral corner of the ring for use by camera operators may be provided. Camera operators may be allowed on the ring apron during rest periods, between bouts, or at the discretion of the executive director, or his designee.(B) No seats may be sold at the ring apron or within the technical zone.(C) The technical zone shall be set up for the department, according to the instructions of the executive director or his designee; provided that the guests of working officials may not enter the technical zone.(D) All emergency medical personnel and portable medical equipment shall be located within the technical zone during the event. There must be a resuscitator, oxygen, stretcher, a certified ambulance, neck brace, defibrillator, backboard, portable suction, and an emergency medical technician on site for all contests. The executive director, or his designee, may require additional medical personnel and equipment depending on the number of matches scheduled.(E) The judges' chairs shall be high enough that their shoulders shall be no lower than the ring floor. Physician ringside seats shall be in the neutral corner(s).(F) There shall be at least one, but no more than three, authorized promoter representative(s) at ringside at all times. Only the promoter's representative(s), department officials, the press, physicians, representatives of sanctioning bodies, and judges shall sit at the ringside tables. For purposes of this subparagraph, assignees are not representatives of the promoter.(16) Pay by check or money order the licensing fee of any contestant or manager who intends to participate in a scheduled combative sports event and who is not licensed at the time of the event weigh-in.(17) Supervise the activities of employees to ensure that promoted events are conducted in compliance with this chapter and applicable statutes.(18) Ensure that all advertising concerning an event he promotes accurately describes the event and does not include the names of any person or entity, other than the promoter, as a presenter of the event.(c) Contract requirements between Promoter and Contestant.(1) The promoter for an event shall have contracts with contestants executed in triplicate on department forms showing the amount of guarantee or percentage promised the number and time limit of rounds, when and where the contestants are scheduled to appear, weight category, and other pertinent details governing the event. If applicable, the compensation section must include the specifics of television, radio and cable rights. The contract must define and provide for agreement on compensation if the opponent fails to appear at the weigh-in or bout. All contracts must state the dollar amount or percentage withheld for expenses, taxes, advances, sanctions or any other items the promoter seeks to subtract from a contestant's purse.(2) The promoter shall furnish one executed copy of the contract to the contestants or their managers, retain one, and submit one to the department.(3) All required information must be typed or legibly printed, and the contestant and promoter shall initial any changes or addenda.(d) Tickets(1) All tickets shall have printed on each half, the price including any service surcharge or handling fee, and event date.(2) Roll tickets with consecutive numbers shall be sold only at the box office on the day of the event.(3) If there is no ticket manifest, tickets of different prices shall be printed on different colored ticket stock.(4) The promoter shall submit a verified report to the department of tickets delivered to any outlet or event sponsor. The report shall account for any known overprints, changes, or extras and must be on a department-approved form.(5) Tickets shall not be sold for more than the actual capacity of the location where the event is held.(6) All tickets shall be torn in half and one half returned to the ticket holder at the entrance gate. The other half shall be immediately deposited in a sealed container, where it is to remain until the department's representative witnesses the opening of the container. No one shall pass through the gate without having their ticket torn or shall occupy a seat unless holding a ticket half or have a working pass or credential with a specific seat assignment indicated on them. Passes and or credentials may not be sold or bartered.(7) If a main event or special added attraction is postponed or cancelled for any reason, the promoter shall promptly refund ticket sales. A special added attraction is the appearance of any person or persons at any combative sports event whose reputation or ability is calculated to increase attendance. Tickets in the hands of ticket services shall be returned to the promoter not later than when the box office at the combative sports event site has closed.(8) Promoters shall hold tickets of every description used for any event, including deadwood, for at least 30 days after the event. The tickets shall be kept in separate packages for each event for audit purposes.(9) The promoter shall be responsible to pay the gross receipts tax for complimentary tickets issued in excess of 25%.(10) Gross receipts taxes shall be calculated as 3% of the face value of all tickets sold plus 3% of the face value of all complimentary tickets issued in excess of 25%.(11) Tickets shall be accounted for after the event and the executive director, or his designee, may review the process, and may check the number of gate ticket containers and their seals or padlocks.(e) A promoter shall submit to the department a tax report and a 3% gross receipts tax payment within three business days of an event.(f) In the event of a departmental audit of a tax report authorized by §2052.152, of the Texas Occupations Code, a person subject to the financial audit shall make available used tickets, deadwood and additional exhibits to the department in the form and at a time established by the executive director, or his designee.", "sourceNote": "Source Note: The provisions of this §61.40 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective December 1, 2007, 32 TexReg 8470; amended to be effective October 15, 2010, 35 TexReg 9081; amended to be effective March 1, 2013, 38 TexReg 1141; amended to be effective June 17, 2013, 38 TexReg 3781; amended to be effective January 1, 2014, 38 TexReg 9505; amended to be effective September 1, 2015, 40 TexReg 5145; amended to be effective March 1, 2022, 47 TexReg 910." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207963", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.41", "label": "Responsibilities of the Referee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148563", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Referees are responsible for enforcing the rules of the bouts and shall exercise immediate authority, direction and control over bouts. The referee shall conduct a rules meeting before the first bout of the event.(b) The referee may eject from an event any person who violates the Code or department rules. If a second violates this chapter or the Code, the referee may disqualify the contestant to whom the second is assigned.(c) If an assigned referee is unable to officiate, he shall notify the department at least five hours before the event.(d) The safety of contestants shall be the primary concern of the referee at all times. The referee may stop any bout:(1) where there is reason to believe that continuing may result in serious injury to either contestant;(2) if a contestant cannot defend himself;(3) because of an injury or a contestant's poor physical condition; or(4) if the referee feels that a contestant is not fighting in earnest.(e) If a contestant is accidentally fouled, including a head butt but can continue, the referee may stop the bout for a reasonable time, and inform the judges and the contestant's second of the accidental injury.(f) If a mouthpiece is knocked out, the referee shall call time during a break in the action, the contestant's second will clean and reinsert the mouthpiece. If the mouthpiece is spit out the same procedure will be followed and the referee may charge the contestant with a foul.(g) The referee or executive director may disqualify a contestant and declare the opponent the winner after one warning by the referee or a department representative for the use of profanity, obscene or threatening gestures by a contestant, his manager, or his second.(h) When a foul occurs, the referee shall call time and advise the judges of the foul and the number of points they should deduct.(i) Before each bout, the referee shall call the contestants and their chief seconds together for final instructions.(j) When a low blow incapacitates a contestant, the referee shall give him reasonable time to recover. The referee may confer with the ringside physician. If a contestant shows an unwillingness to continue because of a low-blow claim, and the referee has resumed the fight, that contestant shall be declared the loser by a technical knockout.(k) Knock-downs.(1) When a blow to a contestant causes a knock-down, the referee shall order the opponent to go to the ring's farthest neutral corner, pointing to the corner, and immediately pick up the timekeeper's count.(2) The referee shall audibly announce the passing of the seconds, accompanying the count with upward motions of his arm for each second and indicating the count with visual finger counts after each second.(3) The referee shall stop counting if the opponent does not remain in the neutral corner until the count is complete.(4) The mandatory eight count after knock downs will be the standard procedure in all bouts.(5) If a contestant who is knocked down rises before the count of ten and goes down again without being struck, the referee shall resume the count where he stopped.(6) A contestant who has been knocked down cannot be saved by the bell in any round, including the last one.(7) If the contestant who is knocked down does not rise before the count of ten, the referee shall declare the opponent the winner by a knockout.(8) If the contestant appears to be seriously injured, without beginning a count, the referee may summon the ringside physician into the ring, and declare the bout terminated by knockout.(9) The referee's count is the official count.(l) If a contestant does not answer the bell signifying the start of a round, the referee shall give a ten count and declare him the loser by a technical knockout.(m) If a contestant who has been knocked out of the ring or has fallen out of the ring during the bout fails to return immediately, the referee shall give the contestant 20 seconds to return to the ring. After a 20 second count, if the contestant has not returned to the ring, the referee shall count the contestant out as if he were down. No one may help contestants back into the ring.(n) If during the first four rounds a contestant is accidentally injured, and is unable to continue, or is pushed, knocked or falls out of the ring, and is injured by the fall and unable to return, the referee shall declare the bout a no decision. If such injury occurs during later rounds, all completed rounds and the partial round in which the bout is terminated shall be scored and the contestant ahead on points shall be declared the winner by technical decision.(o) A licensed referee may act as a judge or a timekeeper.(p) All referees must attend the rules meeting prior to the first bout of an event.", "sourceNote": "Source Note: The provisions of this §61.41 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective October 15, 2010, 35 TexReg 9081; amended to be effective March 1, 2013, 38 TexReg 1141; amended to be effective March 1, 2022, 47 TexReg 910." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148563", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.42", "label": "Responsibilities of Judges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225283", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A majority vote of the judging officials decides the outcome of the bout.(b) If an assigned judge is unable to officiate, he shall notify the department at least five hours before the event.(c) If a contest is stopped before the end of the fourth round because of an accidental foul, the bout shall be declared a no decision. If after the fourth round an accidental foul injury occurs or worsens and the bout is stopped, all completed and partial rounds shall be scored. The contestant ahead on points shall be declared the winner by technical decision.(d) Scoring shall be recorded only on a department form. Once the form is completed, checked and signed by the official it must be given directly to the department supervisor for the event. Scoring forms are the property of the department and will be maintained in the official records of the event.(e) In all bouts, the total points the judges give each contestant may be announced.(f) A licensed judge may act as a timekeeper.(g) A judge shall at all times during a bout maintain focus on the bout even during rest periods. In order to maintain focus, judges shall not engage in distractions including but not limited to: eating, talking, taking photographs, or carrying materials not related to the bout.", "sourceNote": "Source Note: The provisions of this §61.42 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective December 1, 2007, 32 TexReg 8470; amended to be effective October 15, 2010, 35 TexReg 9081." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225283", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.43", "label": "Responsibilities of Seconds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148564", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each contestant must have two seconds unless the Department permits otherwise. Each contestant shall have one chief second.(b) The seconds shall dress neatly.(c) Seconds shall keep their corners clean, dry, and free from objects.(d) Seconds may surrender for their contestants by standing on the apron and signaling to the referee.(e) A second may not:(1) excessively coach a contestant during a round and shall remain silent when instructed to do so by a Department representative or the referee;(2) throw excessive amounts of water on his contestant;(3) toss a towel or any other object into the ring in token surrender of his contestant;(4) use any unapproved substance during the contest.(f) Seconds shall remain seated in the chairs provided during the rounds.(g) If a second deliberately worsens a cut by spreading or tearing it, the referee may disqualify the contestant.(h) Only one second shall be allowed in the ring between rounds, and he shall leave the ring enclosure at the timekeeper's warning. Two seconds will be allowed on the ring apron. All seconds and all obstructions including stools, buckets and equipment shall be off the ring platform when the bell sounds for the beginning of the next round.(i) The following rules apply to corner supplies:(1) Approved supplies are ice, which must be in an ice bag or Department approved container, water, cotton swabs, gauze pads, clean towels, Adrenalin 1:1,000, Avitene, Thromblin, petroleum jelly or other surgical lubricant, medical diachylon tape, Enswel, and electrolytes. Electrolytes must be brought to the ring in the manufacturer's sealed container. Electrolytes must be opened for the first time in the presence of a representative of the Department. All coagulants shall be in a container with the proper manufacturer's label and not contaminated by any foreign substance.(2) All containers shall be properly labeled with the manufacturer's label and not contaminated by any foreign substance.(3) The use of an unapproved substance may result in disciplinary action.(4) Only water and electrolytes shall be permitted for hydration of a contestant between rounds. Honey, glucose, or sugar, or any other substance may not be mixed with the water.(5) Excessive use of any lubricant on the contestant's body, arms or face is prohibited.(j) When the ringside physician enters a contestant's corner, the second in the ring shall yield immediately to the physician's examination without interference. The referee will call time out until the physician completes the examination. This will permit the corner the full rest period to administer to their contestant. The Department may disqualify a contestant, manager and/or second for unprofessional conduct in failing to cooperate with the ringside physician.(k) A second must attend the referee's rules meeting conducted prior to the first contest of an event.", "sourceNote": "Source Note: The provisions of this §61.43 adopted to be\r\neffective October 1, 2000, 25 TexReg 9941; amended to be effective\r\nDecember 1, 2003, 28 TexReg 10445; amended to be effective February\r\n1, 2006, 31 TexReg 481; amended to be effective December 1, 2007,\r\n32 TexReg 8470; amended to be effective March 1, 2022, 47 TexReg 910;\r\namended to be effective June 19, 2025, 50 TexReg 3567." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148564", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.44", "label": "Responsibilities of Managers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=81807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "81807", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Managers shall deal fairly with contestants.(b) It is the contestant and manager's joint responsibility to comply with all requirements, including rest periods and medical suspensions.(c) Managers or their designees, must attend the referee's rules meeting conducted prior to the first bout of an event.", "sourceNote": "Source Note: The provisions of this §61.44 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective October 15, 2010, 35 TexReg 9081." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=81807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "81807", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.45", "label": "Responsibilities of Timekeepers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The timekeeper shall give a ten second warning before the end of each rest period. The timekeeper shall sound the bell only at the beginning and end of each round.(b) When a contestant is down, the timekeeper shall start his count, continuing until he reaches the count of ten seconds.(c) If the referee is absent from the ring or temporarily incapacitated, the timekeeper shall immediately sound the bell to temporarily stop the contest.(d) The timekeeper shall use a bell approved by the Department.", "sourceNote": "Source Note: The provisions of this §61.45 adopted to be effective October 1, 2000, 25 TexReg 9941." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.46", "label": "Responsibilities of Ringside Physicians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207965", "queryAsDate": "03/11/2026" }, "ruleBody": "Ringside physicians shall perform the following duties:(1) perform medical examinations on contestants at the weigh-in to include a review of a contestant's answers to medical questions on the application. Only the contestant, his manager, his chief second, the ringside physician, and department representatives are allowed in the examination room during the physical;(2) remain at ringside at all times during the scheduled bouts;(3) immediately examine a contestant who suffers a knockout, concussion, or other head injury; and(4) conduct a post-contest examination that includes the physician's recommendations for rest periods, medical suspensions, medical disqualification, and any other exam results. Results of the post contest examination shall be reported to the department within one hour after an event.", "sourceNote": "Source Note: The provisions of this §61.46 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective June 17, 2013, 38 TexReg 3781." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207965", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.47", "label": "Responsibilities of Contestants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165416", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Medical Examinations. Each contestant applying for a license, or license renewal, shall submit on a department-approved form signed by an examining physician and an examining ophthalmologist or optometrist:(1) Proof of having passed a comprehensive medical examination within the previous six months; and(2) Proof of having passed an ophthalmologic medical examination within the previous six months.(3) The comprehensive medical examination must also include proof that within the last six months, the applicant has been tested for and is free of the Hepatitis C virus and the human immunodeficiency virus (HIV), and that the applicant is not acutely or chronically infected with the Hepatitis B virus by testing the Hepatitis B surface antigen for a non-reactive result, or by other medically acceptable testing procedure that establishes the absence of Hepatitis B infectivity.(4) Examining physicians, optometrists, and ophthalmologists must be licensed by a state, district or territory of the United States of America.(b) A contestant applicant must submit to the department all information required by the department's application.(c) A contestant may not perform under any name that does not appear in departmental records.(d) Contestants shall report to the weigh in at the scheduled time.(e) Contestants shall in good faith perform to the best of their abilities.(f) A contestant who commits a foul under this chapter is subject to administrative sanctions and or penalties in addition to losing points during a contest.(g) Arguing with an official or refusing to obey the orders of an official is prohibited.(h) Contestants shall compete in proper ring attire. The trunks' waistband shall not extend above the waistline and the hem may not extend more than two inches below the knee. Ring attire may not have sequins, buttons, tassels or any other decorative items that may become detached during a bout. A fitted mouthpiece shall be worn while competing. Shoes shall be of soft material and shall not be fitted with spikes, cleats, or hard heels. Contestants may not participate in any bout while wearing jewelry, including but not limited to, watches, rings, necklaces, bracelets, earrings, any type of stud used to penetrate body piercings.(i) All contestants shall be in the dressing room at least 45 minutes before the event is scheduled to begin. The contestants shall be ready to enter the ring immediately after the preceding bout is finished.(j) After receiving final instructions from the referee, contestants may touch gloves or shake hands and then shall retire to their corners.(k) After the referee or judge's decision has been announced, both contestants and their seconds shall leave the ring when requested to do so by the referee.(l) Every contestant shall undergo a pre-fight physical examination. If a contestant's physical exam shows him unfit for competition, the contestant shall not participate in the contest. The manager, chief second, or contestant shall make an immediate report of the facts to the promoter and the department.(m) If a contestant becomes ill or injured and cannot take part in a bout for which he is under contract, he, his chief second, or his manager shall immediately report the facts to the promoter and the department. The contestant must submit to the department medical proof of the injury or illness.(n) A positive Hepatitis C, or human immunodeficiency virus (HIV) test, or a positive Hepatitis B surface antigen test or other indication of Hepatitis B infectivity will result in disqualification.(o) The administration or use of any drugs, alcohol, stimulants, or injections in any part of the body, either before or during a bout to or by a contestant is prohibited unless a drug is prescribed, administered or authorized by a licensed physician and the executive director authorizes the contestant to use the drug. A contestant taking prescribed or over the counter medication must inform the executive director of such usage at least 24 hours prior to the bout.(p) A person who applies for or holds a license as a contestant shall provide a urine specimen or blood sample for drug testing either before or after the bout, if directed by the executive director or his designee. The applicant or licensee is responsible for paying the costs of the drug screen. A positive test, refusal to provide a sample, failure to comply with the testing process, or attempting to substitute, dilute, mask or adulterate a sample during collection shall be considered a violation of subsection (o) and will result in an automatic 90 day medical suspension and may also result in administrative penalties and sanctions.(q) A positive test (which has been confirmed by a laboratory authorized by the executive director or his designee) for any of the following substances shall be conclusive evidence of a violation of subsection (o) and will result in an automatic 90 day medical suspension and may also result in administrative sanctions or monetary penalties or both:(1) Stimulants;(2) Narcotics;(3) Phencyclidines;(4) Barbiturates and Benzodiazepines;(5) Cannabinoids (marijuana);(6) Anabolic agents (exogenous and endogenous);(7) Peptide hormones;(8) Masking agents;(9) Diuretics;(10) Glucocorticosteroids;(11) Beta-2 agonists (including both optical isomers where relevant) are prohibited except salbutamol (maximum 1600 micrograms over 24 hours), formoterol (maximum 36 micrograms over 24 hours) and salmeterol when taken by inhalation in accordance with the manufacturers' recommended therapeutic regimen;(12) Hormones and Metabolic Modulators;(13) Alcohol; or(14) Any pharmacological substance not addressed in subsection (q) that is not currently approved by any governmental regulatory health authority for human therapeutic use such as drugs under pre-clinical or clinical development or discontinued; or designer drugs; or substances approved only for veterinary use.(r) Failure to disclose the use of a substance described in subsection (q) constitutes a violation of subsection (o).(s) As a condition of licensure, contestants waive right of confidentiality of medical records relating to treatment or diagnosis of any condition that relates to the contestant's ability to participate in a bout. All medical records submitted to the department, without the contestant's consent to release, are confidential and shall be used only by the executive director or his representative for the purpose of ascertaining the contestant's ability to be licensed, or participate in a bout.(t) After the bout, contestants shall undergo a post-contest examination by a ringside physician.(u) Based upon the post-contest examination, contestants shall automatically receive rest periods, medical suspensions, or medical disqualifications for the following:(1) Medical condition--medical suspension will be based upon the physician's recommendation;(2) Technical knockout--30 day minimum medical suspension;(3) Knockout:(A) First knockout--60 day minimum medical suspension;(B) Two knockouts within twelve months--120 days minimum medical suspension;(C) Three knockouts within twelve months or three consecutive knockouts--medical disqualification from further competition; and(4) Mandatory rest--all contestants shall receive a mandatory rest period calculated as three days of rest for each round fought with no less than a seven day mandatory minimum rest period.(v) A contestant who tests positive for a drug listed under subsection (q) shall automatically receive a 90 day medical suspension.(w) Medical disqualification of a contestant is for his own safety and may be made at the recommendation of the examining physician or the department. A contestant who disagrees with a medical disqualification, medical suspension or rest period set at the discretion of a ringside physician, or a disqualification or suspension set by the department, may request a hearing to show proof of fitness. The hearing shall be provided at the earliest opportunity after the department receives a written request from the contestant or his manager.(x) The following are gender specific provisions:(1) Male contestants must wear a protection cup, which shall be firmly adjusted before entering the ring.(2) Female contestants:(A) Must wear garments that cover their breasts;(B) Shall submit to a pregnancy test at weigh-in;(C) Will be disqualified by a positive pregnancy test; and(D) May wear breast protection plates.(y) Contestants must attend the referee's rules meeting conducted prior to the first bout of an event.(z) A contestant is responsible for the conduct of his or her seconds. Violation of these rules by a second may subject the contestant to disqualification, forfeiture, administrative penalty, and/or sanction.", "sourceNote": "Source Note: The provisions of this §61.47 adopted to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective December 1, 2007, 32 TexReg 8470; amended to be effective October 15, 2010, 35 TexReg 9081; amended to be effective March 1, 2013, 38 TexReg 1141; amended to be effective June 17, 2013, 38 TexReg 3781; amended to be effective March 1, 2022, 47 TexReg 910." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165416", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.48", "label": "Responsibilities of Amateur Combative Sports Associations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123160", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An amateur combative sports association (ACSA) must provide to the Department proof that it is either a non-profit organization chartered by the State of Texas or that it is approved as a non-profit organization under the provisions of the Internal Revenue Code.(b) An ACSA shall file with the Executive Director rules for conducting the organization's affairs and the conduct of its members. The rules:(1) Must include provisions to:(A) Establish conditions for membership;(B) Provide guidelines for training its members in preparation for a contest;(C) Establish a minimum training period before a contest;(D) Indicate which class(es) of combative sports the ACSA will conduct;(E) Require that all referees participating in events conducted by the ACSA are licensed by the Department; and,(F) Either:(i) Adopt, as appropriate, rules set out below for boxing, kickboxing, mixed martial arts, and muay thai; or,(ii) Establish the ACSA's rules for a class or classes of events it will sponsor; and,(2) May include provisions to:(A) Provide for payment of actual expenses, up to an established maximum, for the contestants who participate in an event; and,(B) Allow members of other ACSAs to participate as a visiting member in an event conducted by it without the other ACSA participating in the conducted event, so long as it ascertains that the visiting member is qualified under the rules to be a contestant in the event.(c) An ACSA may not conduct or participate in any event unless it has received Executive Director's written approval of rules required in subsection (b) of this section.(d) An ACSA that has adopted rules permitted under subsection (b)(2) of this section must, before it sponsors or participates in any event, submit to the Executive Director a $15,000 surety bond, written by a bonding company authorized to do business in the State of Texas, guaranteeing payment of gross receipts taxes owed for promoted events, which shall remain in effect for four years after the effective cancellation date.(e) An ACSA shall provide insurance and pay all deductibles for contestants, to cover medical, surgical and hospital care with a minimum limit of $50,000 for injuries sustained while participating in a contest and $100,000 to a contestant's estate if he dies of injuries suffered while participating in a contest. At least ten calendar days before an event the ASCA shall provide to the Department for each event to be conducted, a certificate of insurance showing proper coverage. The ASCA shall supply to those participating in the event the proper information for filing a medical claim.(f) An ACSA shall ensure that all contestants participating in contests it conducts are amateurs.(g) An ACSA may not allow any person who has not been a member of the ACSA for at least thirty days to participate as a contestant in any event in which the ACSA participates.(h) An ACSA conducting an event shall:(1) Bear all financial responsibility for the event.(2) Provide the Department written notice of all proposed event dates, ticket prices, and participants of the main event, at least 21 days before the proposed event date and obtain written approval from the Department to promote the event prior to advertising or selling tickets.(3) Provide two physicians to be assigned by the Department for each event.(4) Provide at least one licensed physician to conduct pre-fight physicals. Provide a private area for the physician to perform pre-fight examinations.(5) Assure that beverages are only allowed in paper or plastic cups at the event.(6) Assure that no alcoholic beverages or illegal drugs are in the dressing room.(7) Ensure the safety of the contestants, officials, and spectators.(A) There shall be a pre-fight plan and route to remove an injured contestant from the ring and arena. Upon request, the promoter shall inform the Department of these plans. The plan shall include the name and location of a local hospital emergency room.(B) A sufficient number of security personnel shall be retained to maintain order.(8) Ensure that the rules set forth herein below regarding equipment and gloves that apply to a particular type of event are followed.(9) Ensure that each contest is conducted as provided by the ACSA's rules approved by the Department.(10) Ensure that each event has the appropriate equipment as described by the ACSA's rules approved by the Department.(11) Ensure that all advertising concerning an event to be conducted indicates that it is an amateur event, and includes the name of the ACSA that will conduct the event.(i) Tickets(1) All tickets shall have printed on each half, the price including any service surcharge or handling fee, and the event date.(2) Roll tickets with consecutive numbers shall be sold only at the box office on the day of the show.(3) If there is no ticket manifest, tickets of different prices shall be printed on different colored ticket stock.(4) Tickets shall not be sold for more than the actual capacity of the location where the event is held.(5) ACSA's shall hold tickets of every description used for any event for at least 30 days after the event. The tickets shall be kept in separate packages for each event for audit purposes.(j) An ACSA shall submit to the Department a tax report and a 3% gross receipts tax payment within three business days after an event.", "sourceNote": "Source Note: The provisions of this §61.48 adopted to be effective February 1, 2006, 31 TexReg 481; amended to be effective March 1, 2008, 33 TexReg 1523; amended to be effective January 1, 2014, 38 TexReg 9505." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123160", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.49", "label": "Certain Amateur Events" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207966", "queryAsDate": "03/11/2026" }, "ruleBody": "Amateur events conducted by organizations that are exempt from licensing and bonding requirements pursuant to Occupations Code, §2052.110, must be reported to the Department three working days before the event noting the time, date, location, and the name of the sponsoring organization.", "sourceNote": "Source Note: The provisions of this §61.49 adopted to be effective February 1, 2006, 31 TexReg 481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207966", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "105850", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The annual fee shall accompany each license or registration application or renewal as follows:(1) Promoter--$900(2) Contestant--$20(3) Manager--$100(4) Referee--$125(5) Judge--$100(6) Amateur Combative Sports Association--$50(b) Four year Federal Identification card--$20(c) Permit Fee--$100 per live professional event and the simultaneous telecast of a live contest on a closed circuit telecast in which fees are charged for admission.(d) A fee submitted to obtain a license, permit or registration is nonrefundable.", "sourceNote": "Source Note: The provisions of this §61.80 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective December 1, 2007, 32 TexReg 8470; amended to be effective March 1, 2008, 33 TexReg 1524; amended to be effective October 15, 2010, 35 TexReg 9081; amended to be effective January 1, 2014, 38 TexReg 9505; amended to be effective March 1, 2022, 47 TexReg 910." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "105850", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.91", "label": "Sanctions and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148566", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates Texas Occupations Code, Chapter 2052, or a rule, or order of the Executive Director or Commission relating to the Code, proceedings may be instituted to impose administrative sanctions and/or recommend administrative penalties in accordance with the Code or the Texas Occupations Code, Chapter 51 and 16 Texas Administrative Code, Chapter 60 of this title (relating to the Texas Department of Licensing and Regulation).", "sourceNote": "Source Note: The provisions of this §61.91 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148566", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.105", "label": "Weight Categories and Weigh-in--Boxing and Kickboxing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148567", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A promoter shall assure that the weigh-in takes place at a specific time set by the promoter and approved by the department, generally between the hours of 2 p.m. of the day before the contest and 12 noon the day of the contest. The department must be notified ten days before the event.(b) A department-approved scale must be used for weighing-in contestants. The department may require that the scales be certified.(c) Contestants failing to meet contract weight shall have two hours to meet the allowances and be reweighed.(d) No contestant may engage in a contest where the weigh-in weight difference between contestants exceeds the allowance shown in the following \"WEIGHT ALLOWANCE\" schedule:(1) 112 lbs. or under--3 lbs.(2) 113-118 lbs.--4 lbs.(3) 119-126 lbs.--5 lbs.(4) 127-135 lbs.--6 lbs.(5) 136-147 lbs.--8 lbs.(6) 148-160 lbs.--10 lbs.(7) 161-175 lbs.--12 lbs.(8) 176-200 lbs.--15 lbs.(9) 201 lbs. or over--No limit(e) If a contestant's body weight at the time of weigh-in is 5% or more over his contracted weight, he shall be disqualified for the contest.(f) If in an attempt to make weight, a contestant shows evidence of dehydration, having taken diuretics, or other drugs, or having used any other harsh modality, the department shall disqualify the contestant on the advice of the examining physician.(g) Weight Divisions. The weight classes for boxing and kickboxing contests or exhibitions are shown in paragraphs (1) - (15). A contestant in a weight class may participate in a bout with a contestant in an adjacent weight class so long as their weight difference falls within the weight allowance shown in subsection (d) for the weight of the contestant weighing the least.(1) Flyweight--up to 112 lbs.(2) Super Flyweight--over 112 to 115 lbs.(3) Bantamweight--over 115 to 118 lbs.(4) Super Bantamweight--over 118 to 122 lbs.(5) Featherweight--over 122 to 126 lbs.(6) Super Featherweight--over 126 to 130 lbs.(7) Lightweight--over 130 to 135 lbs.(8) Super Lightweight--over 135 to 140 lbs.(9) Welterweight--over 140 to 147 lbs.(10) Super Welterweight--over 147 to 154 lbs.(11) Middleweight--over 154 to 160 lbs.(12) Super Middleweight--over 160 to 168 lbs.(13) Light Heavyweight--over 168 to 175 lbs.(14) Cruiserweight--over 175 to 200 lbs.(15) Heavyweight--over 200 lbs.", "sourceNote": "Source Note: The provisions of this §61.105 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective December 1, 2007, 32 TexReg 8470; amended to be effective October 15, 2010, 35 TexReg 9081." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148567", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.106", "label": "Ring and Glove Requirements--Boxing and Kickboxing Contests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123164", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The ring shall be set up at least two hours before the contest is scheduled to begin.(b) Except as specifically otherwise authorized by the executive director, rings shall meet the following:(1) Rings shall be square with sides not less than 16 feet or more than 24 feet inside the ropes, and the floor shall extend at least 24 inches beyond the ropes on all sides, and shall be of at least 3/4-inch material, adequately supported, and padded with ensolite or similar closed-cell foam that is at least 1-inch thick;(2) The padding shall extend over the edge of the ring platform and have a top covering of canvas, duck, or similar material approved by the department;(3) The covering shall be clean and be tightly stretched and laced to the ring platform and may not have tears, holes or overlapping seams;(4) The ring platform shall have at least three sets of steps into the ring during a contest: one set for each contestant's corner and one set in the neutral corner to be used for the ringside physician and the department;(5) The ring corners shall be protected inside the ring with a urethane pad at least six inches wide, and shall be covered with material similar to the ring floor covering, and the covering must be long enough to cover all the rope joints;(6) Ring posts shall be made of a strong material, preferably steel, and shall be at least three inches in diameter, and shall be secured under the ring to prevent spreading;(7) There shall be four ring ropes at least one inch in diameter evenly spaced, one foot apart with the lower rope being 18 inches above the ring floor;(8) The ropes shall be attached to the ring posts with turnbuckles and shall be stretched taut during all contests, and the bottom rope shall be padded with at least 2 inches of soft material;(9) Be equipped with a bell that makes a sound loud enough to be heard by the contestants, referee, and other officials; and,(10) Include in each contestant's corner an appropriate receptacle for spitting, a clean water bucket for the contestant's use, and at least three chairs or stools labeled \"seconds\" to be used by the contestant's official seconds.(c) New gloves must be used for all professional main events. If gloves used in preliminary contests have been used before, they shall be whole, clean, in sanitary condition, and subject to inspection by the referee and department representatives. Any gloves found unfit shall not be used and must be replaced with acceptable gloves. There shall be extra sets of gloves on hand to be used in case gloves are broken or in any way damaged during a contest.(d) Contestants in all weight categories up to, and including 147 lbs, shall use eight-ounce gloves. In heavier classes, they may wear ten-ounce gloves. Female contestants may wear 10-ounce gloves.(e) Promoters of professional events shall keep gloves used in an event in their possession for a minimum of seven days after the event and shall make them available for inspection by the department upon request.(f) Hand wraps shall be restricted to no more than twenty yards of soft gauze, not more than two inches wide. The gauze shall be held in place by no more than eight feet of adhesive tape, no more than one and one-half inches wide. The adhesive tape shall not cover any part of the knuckles when the hand is clenched to make a fist. The use of water, or any other liquid or material, on the tape is strictly prohibited. Hand wraps shall be applied in the dressing room in the presence of a department representative.", "sourceNote": "Source Note: The provisions of this §61.106 adopted to be effective February 1, 2006, 31 TexReg 481; amended to be effective October 15, 2010, 35 TexReg 9081." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123164", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.107", "label": "Boxing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123165", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All rules stated herein apply to the combative sport of boxing, with the exception of §§61.108 - 61.112, unless this section conflicts with another rule stated herein. If a conflict occurs, this section prevails.(b) In scoring a contest the elements of offense, defense, clean hitting, ring generalship, and sportsmanship shall be carefully considered by the judges. Scoring shall be by the ten-point must system. The winner of any round is marked ten and the loser is marked nine or less. When a round is even, each contestant shall receive ten points. A clean knock-down shall be scored heavily. Judges shall deduct points for fouls when directed to do so by the referee. Judges shall clearly write their decision and sign them individually. A draw shall be called if each official votes differently or any two vote a draw.(c) A contestant shall be deemed down when:(1) any part of his body other than his feet is on the ring floor; or(2) he is hanging over the ropes in a defenseless manner.(d) The following tactics are fouls and are forbidden. Using these tactics may result in a warning, loss of points as determined by the referee, disqualification, forfeiture, and an administrative penalty and/or sanction.(1) Hitting below the belt.(2) Holding an opponent with one hand and hitting him with the other.(3) Hitting an opponent who is down or is getting up after being down.(4) Holding an opponent or deliberately maintaining a clinch.(5) Butting with the head or shoulder or using the knee.(6) Hitting with the inside or butt of the hand, the wrist or the elbow.(7) Hitting or \"flicking\" with open gloves.(8) Wrestling, kicking or roughing at the ropes.(9) Purposely going down without being hit.(10) Striking deliberately at the area of the body around the kidneys.(11) Jabbing an opponent's eyes with the thumb of a glove.(12) Using abusive or profane language.(13) Hitting at the back of the head or neck (rabbit punches).(14) Failing to obey the referee.(15) Engaging in any physical action or contact other than sportsmanlike boxing, which may injure another contestant.(16) Spitting out a mouthpiece.(17) Hitting an opponent after the bell has sounded ending a round.(e) Contests between males shall have no more than three-minute rounds with one-minute rest periods between rounds. Contests between females shall have no more than two-minute rounds with one-minute rest periods between rounds.", "sourceNote": "Source Note: The provisions of this §61.107 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123165", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.108", "label": "Kickboxing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225284", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All rules stated herein apply to the combative sport of kickboxing, with the exception of §§61.107 and 61.110 - 61.112 unless this section conflicts with another rule stated herein. If a conflict occurs, this section prevails.(b) Kickboxing matches shall not exceed nine two-minute rounds with a one-minute rest period between rounds. The Department may, however, permit an additional two rounds for championship events.(c) Kickboxers shall not wear shoes of any type, except for protective padded footgear.(d) Male contestants must wear a foul-proof groin protector. A plastic cup with an athletic supporter is adequate, but an abdominal guard is preferable. Female contestants must wear foul-proof breast protectors. Plastic breast covers are adequate. Female contestants must also wear a pelvic guard to protect their hips. Foot and shin pads are required.(e) Each Kickboxing contestant must execute a minimum of six kicks during each round. If either fighter does not do so, he will automatically lose the round. If both contestants fail to execute the minimum number of kicks by the end of a round, the round is declared a draw. In any match of nine or more rounds, if either fighter fails to execute the minimum number of kicks in any three rounds, he automatically loses the fight. In a non-title fight, if either fighter fails to execute the minimum number of kicks in any two rounds, he loses the fight.(f) A contestant intentionally avoiding any physical contact with his or her opponent will receive a warning. If a contestant continues avoiding contact, he or she will be declared the loser of that round. If a contestant avoids contact after losing a round for that reason, he or she may be subject to the same penalties and procedures as a contestant guilty of foul tactics.(g) In any case where the referee decides that the contestants are not honestly competing, that the knockout is a \"dive\", or the foul is a prearranged termination of the bout, he or she will not finish the knockout count, disqualify the contestant for fouling, or render a decision, but shall stop the bout and declare it ended not later than before the end of the last round. If the event is professional, he shall also order purses of both fighters held pending investigation and disposition of the funds by the Department.(h) No contestant shall leave the ring during the one-minute rest period between rounds. If any contestant fails or refuses to resume fighting when the bell sounds for starting the next round, the referee will award a knockout victory to his or her opponent as of the round that has just been finished. If the event is professional and the circumstances indicate to the referee the need for an investigation or disciplinary action, the referee will not make a decision and will order the purse or purses of either or both contestants withheld.(i) Before a fallen contestant resumes fighting after having been knocked to, slipped to, or fallen to the floor, the referee shall wipe the contestant's gloves free of any foreign substance.(j) The following tactics are fouls and are forbidden. Using these tactics may result in a warning, loss of points as determined by the referee, disqualification, forfeiture, and an administrative penalty and/or sanction.(1) Head butts, elbow strikes or clubbing, kicks, punches or any other strikes at the groin.(2) Attacking with the knees.(3) Open-hand attacks to the eyes or throat.(4) Striking at that part of the body over the kidneys or spine.(5) Spitting, slapping or biting.(6) Palm heel strikes (using the heel of the palm of the hand to deliver a blow to the face).(7) Arm bars (grabbing one arm with the other and pressing the grabbed arm against the opponent's throat).(8) Grabbing or holding onto an opponent's leg or foot and grabbing or holding onto any other part of the body except for the purpose of attempting to throw the opponent to the floor.(9) Leg checking (extending the leg to check an opponent's leg or prevent him or her from kicking).(10) Purposely going down without being hit.(11) Any un-sportsmanlike trick or action causing any injury to an opponent.(12) Attacking on the break.(13) Attacking after the bell or gong has sounded ending the round or when the opponent is out of the ring.(14) Intentionally pushing, shoving or wrestling an opponent out of the ring with any part of the body.", "sourceNote": "Source Note: The provisions of this §61.108 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225284", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.109", "label": "Bare-Knuckle Boxing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220024", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All rules in this chapter apply to the combative sport of bare-knuckle boxing except §§61.106(c) - (f), 61.107, 61.108, and 61.110 - 61.112. If any language in this section conflicts with another rule in this chapter, this section prevails.(b) Amateur contestants prohibited. Amateur contestants may not participate in bare-knuckle boxing contests.(c) Contest and round parameters. Bare-knuckle boxing contests shall be limited to six rounds and 18 minutes of competition. Contestants shall be provided a one-minute rest period between each non-final round, which does not count towards the 18-minute limit.(1) Contests between males shall have rounds of no more than three minutes. Contests between females shall have rounds of no more than two minutes.(2) Contests featuring a contestant making his or her professional debut shall be restricted to four two-minute rounds.(d) Hand wraps. Hand wraps for contestants shall include the wrist and are restricted to 12 yards of soft gauze bandage per hand, no more than two inches in width, held in place by no more than 10 yards of surgical tape, no more than one inch in width. Surgical tape may not be applied within one inch of the knuckles. The use of any liquid or material on the tape is prohibited.(1) No tape or gauze is allowed on or between the contestant's fingers, with the exception of the thumb.(A) The thumb of a contestant may include a single wrap of tape when the wrist is being wrapped.(B) Wrapping of the wrist shall not extend more than three inches past the wrist juncture.(2) Hand wraps shall be applied in the dressing room in the presence of a department representative.(3) Other than the contestant's hands, there must be no taping, covering, or protective gear of any kind on the upper body. This includes but is not limited to joint sleeves, padding, any form of a brace, or body gauze/tape.(e) Contestant dress and appearance. Contestants must wear protective gear as deemed necessary by the department. All contestants must appear in appropriate dress.(1) Male contestants must not wear any form of clothing on their upper body. Male contestants must also wear appropriate groin protection.(2) Female contestants must wear an appropriate sports bra and may wear a short-sleeved or sleeveless form-fitting rash guard. Breast protectors are optional. Loose-fitting tops are prohibited.(3) All contestants must wear appropriate shorts, boxing or wrestling shoes, and a fitted mouthpiece approved by the department.(4) When deemed necessary by the referee, a contestant with long hair must secure his or her hair in a manner that does not hinder vision or interfere with either contestant's ability to compete fairly.(5) A contestant may use soft neoprene-type sleeves to cover only the knees. Approved sleeves may not have padding, Velcro, plastic, metal, ties, or any other material considered unsafe or that may create an unfair advantage.(f) Scoring. All contests shall be evaluated and scored by three judges. Contests will be scored using the ten-point must system to determine the winner.(g) Decisions.(1) Contestants may prevail by technical knockout, knockout, disqualification, or a judges' decision.(2) The timekeeper shall not ring the bell during the referee's count, and the referee must continue the count until the contestant rises or is counted out. Once the referee ends the count and determines the contestant is fit to continue, the timekeeper may ring the bell to signal the end of the round.(3) A contest shall be declared a no contest if stopped due to an injury caused by an accidental foul before the end of:(A) Two completed rounds of a scheduled three-round contest;(B) Two completed rounds of a scheduled four-round contest;(C) Three completed rounds of a scheduled five-round contest; or(D) Three completed rounds of a scheduled six-round contest.(4) If, after completion of the round specified in subsection (g)(3)(A) - (D), a contest is stopped due to a contestant being injured by an unintentional foul, or due to the worsening of an injury caused by a previous unintentional foul, all completed and partial rounds will be scored. The contestant ahead on points shall be declared the winner by technical decision.(5) If, after completion of the round specified in subsection (g)(3)(A) - (D), a contest is stopped due to a contestant being injured by an intentional foul, or due to the worsening of an injury caused by a previous intentional foul, all completed and partial rounds will be scored, and:(A) The injured contestant will win by technical decision if ahead on points; or(B) The contest will result in a technical draw if the injured contestant is behind on points.(6) If the contestant injures themselves while attempting to foul their opponent intentionally, the referee will not take any action in their favor, and this injury shall be considered the same as an injury produced by a fair blow. If the referee determines that a contestant has acted in an unsportsmanlike manner, the referee may stop the contest and disqualify the contestant.(7) A draw shall be called if each official votes differently or any two vote a draw.(h) Legal technique. The only fighting technique permitted is that of a bare-knuckle strike with a clenched fist. Contestants may fight in the clinch and make any legal strike while holding the contestant's opponent by the back of the neck or head in a downward position to any legal strike zone.(i) Prohibited actions. The following tactics are fouls and are forbidden. Using these tactics may result in a warning, loss of points as determined by the referee, disqualification, forfeiture, and an administrative penalty, sanction, or both.(1) Hitting the opponent below the belt.(2) Hitting an opponent who is down or is getting up after being down.(3) Deliberately maintaining a clinch without other action.(4) Wrestling or kicking the opponent.(5) Putting a finger into any orifice of the opponent or into any cut or laceration on an opponent, including fish-hooking.(6) Pulling the opponent's hair.(7) Manipulating the opponent's fingers.(8) Striking an opponent who is helpless as the result of blows but is supported by the ropes and does not fall.(9) Butting the opponent with the head, shoulder, knee, or elbow.(10) Hitting the opponent with the elbow or forearm.(11) Striking the opponent's body over the kidneys.(12) Hitting the opponent on the back of the head or neck.(13) Gouging the opponent's eye in any manner.(14) Hitting during a break, which is signaled by the referee's command or physical act to separate the contestants.(15) Hitting the opponent after the bell has sounded, ending the round.(16) Using the ropes or cage to gain an advantage over the opponent.(17) Pushing the opponent around the fighting area or into the ropes/cage.(18) Timidity, excessive clinching, including intentionally spitting out the mouthpiece, running from an opponent, or other similar behavior.(19) Biting the opponent.(20) Headlocks.(21) Throat punches or strikes directly toward the throat of an opponent.(22) Fingers outstretched toward an opponent's face or eyes.(23) Throws or takedowns.(24) Spinning back fists.(25) Hammer-fists.(26) Engaging in any other action not described in this subsection that is deemed an intentional foul by the referee on the basis that the action poses a danger to the safety of either contestant, impedes fair and competitive play, or is unsportsmanlike.(j) Instant replay. Instant replay may be used if the promoter and department have agreed in writing before the event, and the promoter provides all necessary instant replay equipment. The use of instant replay shall be limited to the following:(1) Only the referee may determine if the use of instant replay is appropriate.(2) Before the decision is announced, the referee may use instant replay to conclusively determine whether a foul caused or contributed to the conclusion of the contest.(3) The review process is authorized and can be conducted by any individual designated by the department.(4) Based on the instant replay review, the referee shall make the final call with respect to the contest that could result in one of the following decisions:(A) Winner of the contest by stoppage;(B) No contest or no decision determination;(C) Disqualification;(D) Technical decision; or(E) Technical draw.", "sourceNote": "Source Note: The provisions of this §61.109 adopted\r\nto be effective June 19, 2025, 50 TexReg 3567." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220024", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.110", "label": "Martial Arts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133526", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All full-contact martial arts are forms of a combative sport.(b) All rules stated herein apply to martial art competitions with the exception of §§61.106, 61.107, 61.108, and 61.112, unless this section conflicts with another rule stated herein. If a conflict occurs, this section prevails.(c) If a contest or exhibition of a martial art is not conducted pursuant to §61.111 or §61.112 of these rules, it must be conducted pursuant to the official rules for the particular art, which must be filed with and approved by the Department. The sponsoring organization or promoter must file with and obtain permission of the Executive Director prior to holding the contest.(d) Slap fighting is a martial arts discipline recognized by the Department. Rules for a slap fighting contest proposed under subsection (c) may allow contestants to compete without gloves.", "sourceNote": "Source Note: The provisions of this §61.110 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective December 1, 2003, 28 TexReg 10445; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective August 15, 2024, 49 TexReg 5949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133526", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.111", "label": "Mixed Martial Arts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123168", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All rules stated herein, except §§61.106 - 61.108, and 61.112 apply to mixed martial arts contests unless this section conflicts with another rule stated herein. If a conflict occurs, this section prevails.(b) Contestants may wear fingerless gloves weighing not less than 4 ounces, which shall be supplied by the promoter and approved by the Executive Director.(1) If both contestants wear gloves, closed fist punching and frontal palm/heel strikes are permitted.(2) If both contestants are not wearing gloves, frontal palm/heel strikes and closed fist punches are not permitted, except to the body.(c) Contestants may prevail by technical knockout, knockout, submission (either by physical or verbal tap out), disqualification or judges decision.(d) Scoring Techniques.(1) Using the 10-Point Must Scoring System, judges are required to determine a winner of a contest that ends after the scheduled number of rounds have been completed. Ten points must be awarded to the winner of each round and 9 points or less must be awarded to the loser, except for a rare even round, which is scored a 10-10.(2) Judges must evaluate mixed martial arts techniques, such as effective striking, effective grappling, fighting area control, and effective aggressiveness/defense.(e) Contestants may wear shorts, trunks, wrestling singlet, or traditional martial arts Gi, unless otherwise instructed by the Executive Director. Knee braces without metal are permissible. Contestants may not wear shoes of any kind during competition. A male contestant may not wear a shirt during competition.(f) Each contestant must be clean and present a tidy appearance. The use of grease or any other foreign substance, including, without limitation, grooming creams, lotions or sprays, may not be used on the face, hair or body of a contestant. The referee or the Executive Director's representative shall cause any foreign substance to be removed.(g) Contestants who wear gloves may wrap hands in a manner approved by the Executive Director. If contestants are not wearing gloves, it is not permissible to wrap hands, but wrists may be taped. Contestants who choose to wear gloves, may only compete with other contestants wearing gloves. Contestants choosing not to wear gloves, may only compete with other contestants who choose not to wear gloves.(h) Weight Divisions. Except with the approval of the Executive Director, the classes for mixed martial arts contest or exhibitions and the weights for each class are shown in the following schedule:(1) Flyweight--up to 125 lbs.(2) Bantamweight--over 125 to 135 lbs.(3) Featherweight--over 135 to 145 lbs.(4) Lightweight--over 145 to 155 lbs.(5) Welterweight--over 155 to 170 lbs.(6) Middleweight--over 170 to 185 lbs.(7) Light Heavyweight--over 185 to 205 lbs.(8) Heavyweight--over 205 to 265 lbs.(9) Super Heavyweight--over 265 lbs.(i) Non-championship contests shall not exceed a total of 15 minutes per contest with no overtime allowed. Championship contests shall not exceed a total of 25 minutes of action. Rounds shall be a minimum of three minutes with a one-minute rest period between each round.(j) A fitted mouthpiece shall be worn while competing.(k) A male contestant must wear a plastic foul-proof groin protector (abdominal guard). A female contestant must wear a plastic pelvic guard and may wear a breast protector.(l) Contestants may use the ropes once during a round. The second time a contestant grabs the ropes will be considered a submission.(m) Intentionally escaping from the fighting area will result in a rope call.(n) If both contestants wrestle into or under the ropes and the referee believes that the ropes are causing interference with the match, the referee may stop the action, and require both contestants to take a standing position in the middle of the fighting area before continuing the match.(o) If both contestants are wrestling on the ground and the referee believes neither contestant will gain an advantage, the referee may stop the contest, and require both contestants to take a standing position in the middle of the fighting area before continuing the match.(p) Mixed martial arts contests may be conducted either in an approved ring or in an enclosed fighting area. The following specifics apply:(1) Rings:(A) Must be no smaller than 16 feet square and no larger than 32 feet square within the ropes. The ring floor must extend at least 18 inches beyond the ropes;(B) The ring floor must be padded with ensolite or another similar closed-cell foam, with at least 1 inch layer of foam padding. Padding must extend beyond the ring ropes and over the edge of the platform. Material that tends to gather in lumps or ridges may not be used;(C) The ring platform must not be more than 4 feet above the floor of the venue and must have suitable steps or ramps for the use of the contestants and ring officials;(D) Ring posts must be made of metal, not more than 3 inches in diameter, extending from the floor of the venue to a minimum height of 58 inches above the ring floor, and must be properly padded in a manner approved by the Executive Director. Ring posts must be at least 18 inches away from the ring ropes;(E) There must be five ring ropes, not less than 1 inch in diameter and wrapped in soft material. The lowest rope must be 12 inches above the ring floor;(F) There may not be any obstruction or object on the ring floor;(2) Fighting Areas:(A) May be circular or may be multi-sided having four or more sides that are equal in length. A circular fighting area must have a diameter of no less than 16 feet and of no more than 32 feet in length. For a multi-sided fighting area the shortest straight line distance between any two opposite sides must be no less than 16 feet and no more than 32 feet in length.(B) The floor shall be constructed of material at least 3/4 inch thick, adequately supported, and padded with ensolite or similar closed-cell foam that is at least one inch thick.(C) Padding shall extend beyond the fighting area and over the edge of the platform, and have a top covering of canvas, duck or similar material approved by the Executive Director.(D) The covering shall be clean and tightly stretched and laced to the fighting area platform and may not have tears, holes or overlapping seams.(E) The fighting area platform shall not be more than 4 feet above the floor of the building and shall have suitable steps or ramps for use by the participants.(F) Posts shall be made of metal not more than 6 inches in diameter, extending from the floor of the venue to between 5 and 7 feet above the canvas of the fighting area and, if inside the fenced area, shall be properly padded in a manner approved by the Executive Director.(G) The fighting area shall be enclosed by a fence made of material that will not allow a contestant to fall out or break through it onto the floor or spectators; including, without limitation, chain-link fence coated with vinyl. Any metal portion of the fenced area must be covered and padded in a manner approved by the Executive Director and must not be abrasive to the contestants.(H) A fence area must have 2 gated entrances on opposite sides of the fenced area.(I) There must not be any obstruction on the fence surrounding the area in which the contestants compete.(q) The promoter of a mixed martial arts event shall hang at least 2 video screens that meet the approval of the Executive Director and which allow the patrons to view the action inside the enclosed fighting area or ring.(r) If a laceration occurs, the referee may stop the contest and request the ring physician to examine the laceration. Either the physician or referee can stop the contest.(s) The following tactics are fouls and may result in disqualification or point deduction at the discretion of the referee.(1) Head butts.(2) Kicks, punches or any strikes to the groin.(3) Spitting or biting.(4) Striking or grabbing the throat area.(5) Grabbing the trachea.(6) Kneeing to the head of a grounded opponent.(7) Kicking to the head of a grounded opponent.(8) Hair pulling.(9) Engaging in any unsportsmanlike conduct that causes an injury to an opponent.(10) Attacking on the break.(11) Attacking after the bell has sounded.(12) Intentionally pushing, shoving, wrestling, or throwing an opponent out of the fight area.(13) Holding the fence or the ropes.(14) Using abusive language in the fighting area.(15) The use of any foreign substances on any contestant's hair, body or equipment(16) Eye gouging of any kind.(17) Fish hooking.(18) Putting a finger into any orifice or into any cut or laceration on an opponent.(19) Small joint manipulation.(20) Striking to the spine or the back of the head.(21) Striking downward using the point of the elbow.(22) Clawing, pinching, or twisting the flesh.(23) Grabbing the clavicle.(24) Stomping a grounded opponent.(25) Kicking to the kidney with the heel.(26) Spiking an opponent to the canvas on his head or neck.(27) Holding the shorts or gloves of an opponent.(28) Flagrantly disregarding the instructions of the referee.(29) Attacking an opponent who is under the care of the referee.(30) Timidity, including without limitation, avoiding contact with an opponent, intentionally or consistently dropping the mouthpiece or faking an injury.(31) Throwing in the towel during competition.(32) Interference by the corner.(t) The determination of the winner shall be as follows:(1) by submission, either verbally or by tapping two or more times on the mat, ropes, ring corner or the opponents body;(2) by knockout;(3) by being down on the map for a ten count;(4) by the referee disqualifying a contestant through a technical knockout;(5) by the referee stopping a match based upon a ring physician's advice;(6) by a contestant's corner stopping the bout;(7) by the referee disqualifying a contestant for a violation of these rules; or(8) by the judges decision based upon technique and aggressiveness minus the number of penalties.", "sourceNote": "Source Note: The provisions of this §61.111 adopted to be effective October 1, 2000, 25 TexReg 9941; amended to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481; amended to be effective December 1, 2007, 32 TexReg 8470." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123168", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.112", "label": "Muay Thai Fighting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176673", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All rules stated herein apply to the combative sport of muay thai fighting with the exception of §§61.107 - 61.111, unless this section conflicts with another rule stated herein. If a conflict occurs, this section prevails.(b) Muay Thai is competition in which a person utilizes punches, elbows, and knees.(c) It is permissible to strike an opponent's legs, arms, body, face, and head using the shin, knee, gloved fist or elbow.(d) Contests will be scheduled for no more than five three-minute rounds with two-minute rest periods.(e) Contestants must wear gloves weighing not less than 8 oz.(f) Ankles may be taped or wrapped with approved non-metallic medical wrap.(g) Male contestants must wear a foul-proof groin protector. Female contestants must wear foul-proof breast protectors. Plastic breast protectors are adequate.(h) Spinning back fist blows are allowed, so long as contact is made only with the padded part of the glove.(i) The following tactics are fouls and may result in disqualification or the deduction of one or more points, at the discretion of the referee;(1) Head butts;(2) Striking a downed opponent;(3) Kicks, punches or any strikes to the groin, kidneys, or spine;(4) Pricking or pressing eyes;(5) Spitting or biting;(6) Striking the throat area;(7) Hair pulling;(8) Wrestling or throwing opponent to ground;(9) Performing any illegal holding or wrestling technique not part of Muay Thai;(10) Holding or stepping on one of the ropes while fighting, elbowing, or striking;(11) Any un-sportsmanlike conduct;(12) Attacking on the break;(13) Attacking after the bell has sounded, and(14) Throwing in the towel during competition.(j) The determination of the winner shall be as follows:(1) by knockout;(2) by technical knockout;(3) by points on judges' score cards, with at least two rounds of five-round fights being completed, if both fighters are injured or counted out, and are unable to continue;(4) by the referee stopping a match based upon a ring physician's advice;(5) by the referee stopping a match when one fighter is outclassing the other;(6) by a contestants corner stopping the bout;(7) by the referee disqualifying a contestant for a violation of these rules.", "sourceNote": "Source Note: The provisions of this §61.112 adopted to be effective February 1, 2005, 30 TexReg 378; amended to be effective February 1, 2006, 31 TexReg 481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176673", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "61", "label": "COMBATIVE SPORTS" }, "rule": { "number": "§61.120", "label": "Combative Sports Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185565", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission. The nine members include:(1) four physicians;(2) one representative of a boxing promoter;(3) one representative of a mixed martial arts promoter;(4) one combative sports referee or judge licensed at least three years;(5) one former combative sports contestant; and(6) one public member.(b) If a license is required to hold any of the member positions in (a), the license must be issued by the State of Texas and be in and remain in good standing for the balance of the term.(c) Advisory board members serve terms of six years, with the terms of two or three members, expiring on February 1 of each odd-numbered year.(1) A member may not serve more than two full consecutive terms.(2) If a vacancy occurs during a term, the presiding officer of the commission will appoint a replacement who meets the qualifications of the open position to serve for the balance of the term.(d) The presiding officer of the commission, with approval of the commission, appoints one of the advisory board members to serve as the presiding officer of the advisory board for one year. The presiding officer of the advisory board may vote on any matter before the advisory board.(e) Advisory board members do not receive compensation. Board members may be, subject to the General Appropriations Act, reimbursed for actual and necessary expenses incurred in performing the duties of the advisory board.(f) The advisory board meets at the call of the presiding officer of the commission or executive director.(g) The advisory board provides advice and recommendations to the department on health and safety of contestants and other matters relevant to the administration and enforcement of this chapter.(h) The presiding officer of the advisory board shall appoint not less than two standing board workgroups to study and work with department staff on matters related to medical protocols and other matters that promote the health and safety of contestants.", "sourceNote": "Source Note: The provisions of this §61.120 adopted to be effective March 15, 2016, 41 TexReg 1682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185565", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200473", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of the Texas Occupations Code, Chapters 51 and 1952.", "sourceNote": "Source Note: The provisions of this §62.1 adopted to be effective September 15, 2017, 42 TexReg 4615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200473", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207968", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Occupations Code, Chapter 1952, concerning the registration of code enforcement officers.(2) Advisory Committee--The Code Enforcement Officers Advisory Committee.(3) Applicant--A person who applies for registration under the Act.(4) Bite stick--A baton, club, or rod designed specifically to deter an animal bite.(5) Code enforcement--The inspection of public or private premises for the purpose of:(A) identifying environmental hazards, including:(i) fire or health hazards;(ii) nuisance violations;(iii) unsafe building conditions; and(iv) violations of any fire, health, or building regulation, statute, or ordinance; and(B) improving and rehabilitating those premises with regard to those hazards.(6) Code enforcement officer--An agent of this state or a political subdivision of this state who engages in code enforcement. This term does not include an agent of an agency of the federal government.(7) Code enforcement officer in training (also referred to as Supervisee)--An agent of this state or a political subdivision of this state who possesses less than one year of full-time experience in the field of code enforcement and engages in code enforcement under the supervision of a code enforcement officer. This term does not include an agent of an agency of the federal government.(8) Commission--The Texas Commission of Licensing and Regulation.(9) Department--The Texas Department of Licensing and Regulation.(10) Executive Director--The executive director of the Texas Department of Licensing and Regulation.(11) Full-time experience--Employment, self-employment, or independent contracting in the field of code enforcement where the regularly assigned duties include code enforcement for a minimum of 32 hours per week.(12) Registrant--A person registered under the Act.(13) Supervisor--A code enforcement officer who supervises one or more code enforcement officers in training.", "sourceNote": "Source Note: The provisions of this §62.10 adopted to be effective September 15, 2017, 42 TexReg 4615; amended to be effective August 1, 2020, 45 TexReg 5164." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207968", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.20", "label": "Registration Requirements--Applicant and Experience Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185852", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be registered as a code enforcement officer, an applicant must:(1) submit a completed application on a department-approved form;(2) possess at least one year of full-time experience in the field of code enforcement on the date the application is filed with the department;(3) successfully pass a criminal history background check;(4) pass the required examination;(5) submit the fee required by §62.80;(6) successfully complete the training program described in §62.23; and(7) complete all requirements within one year of the date the application is filed.(b) To be registered as a code enforcement officer in training, an applicant must:(1) submit a completed application on a department-approved form;(2) successfully pass a criminal history background check;(3) submit a completed verification of supervision form, which shall include:(A) The name of the applicant and each supervisor;(B) The registration number of each supervisor;(C) The primary location and address from which code enforcement services will be provided; and(D) A description of code enforcement duties to be rendered by the applicant;(4) pass the required examination;(5) submit the fee required by §62.80;(6) successfully complete the training program described in §62.23; and(7) complete all requirements within one year of the date the application is filed.(c) A registered code enforcement officer in training who has obtained the experience necessary to qualify as a code enforcement officer may file an application to upgrade a registration to that of code enforcement officer. Upon payment of the required fee and approval by the department, the applicant must be granted registration as a code enforcement officer for a term of two years from the date of issuance.(d) On proper application, the department shall grant a certificate of registration to a licensee or registrant of another state that has requirements for the licensing or registration of a code enforcement officer that are at least equivalent to those of this state.(e) An applicant must submit proper, verifiable documentation as prescribed by the department to receive credit for the amount and type of practical experience and education claimed by the applicant.", "sourceNote": "Source Note: The provisions of this §62.20 adopted to be effective November 1, 2017, 42 TexReg 4615; amended to be effective March 1, 2022, 47 TexReg 911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185852", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.21", "label": "Registration Requirements--Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185855", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who meets the criteria for registration set forth in §62.20 shall be eligible for a department examination.(b) A person taking an examination must comply with the department's examination requirements under Chapter 60, Subchapter E of this title.(c) Cheating on an examination is grounds for denial, suspension, or revocation of a registration and/or assessment of an administrative penalty.", "sourceNote": "Source Note: The provisions of this §62.21 adopted to be effective November 1, 2017, 42 TexReg 4615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185855", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.22", "label": "Registration Requirements--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200474", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A code enforcement officer registration expires two years from the date of issuance, and may be renewed biennially.(b) A code enforcement officer in training registration expires one year from the date of issuance, and may be renewed annually.(c) A registration is not transferable.", "sourceNote": "Source Note: The provisions of this §62.22 adopted to be effective November 1, 2017, 42 TexReg 4615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200474", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.23", "label": "Registration Requirements--Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200475", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant must complete a training program in code enforcement from an educational institution accredited or licensed by the Texas Education Agency or Texas Higher Education Coordinating Board.(b) The program shall include, but shall not be limited to, training in the following subjects:(1) zoning and zoning ordinance enforcement;(2) sign regulations;(3) home occupations;(4) housing codes and ordinances;(5) building abatement;(6) nuisance violations;(7) abandoned vehicles;(8) junk vehicles;(9) health ordinances;(10) basic processes of law related to code enforcement; and(11) principles and procedures to be followed when possessing or carrying a bite stick.(c) The program shall consist of 36 classroom or laboratory hours. A classroom or laboratory hour shall constitute 50 minutes of actual classroom or laboratory time.", "sourceNote": "Source Note: The provisions of this §62.23 adopted to be effective November 1, 2017, 42 TexReg 4615; amended to be effective August 1, 2020, 45 TexReg 5164." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200475", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.24", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185853", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each registered code enforcement officer must complete at least twelve continuing education hours as set forth in this section within the 24 months preceding renewal of a registration, at least one hour of which must be in legal or legislative issues as provided in subsection (i)(12).(b) Each registered code enforcement officer in training must complete at least six continuing education hours as set forth in this section within the twelve months preceding renewal of a registration, at least one hour of which must be in legal or legislative issues as provided in subsection (i)(12).(c) A code enforcement officer in training who applies to upgrade a registration pursuant to §62.20 is not required to submit continuing education hours in order to upgrade.(d) Only continuing education activities conducted in accordance with this section shall be considered approved by the department and may be represented to the public as acceptable for registration renewal for registered code enforcement officers and code enforcement officers in training in Texas.(e) Department-approved continuing education activities for registration renewal may include the following:(1) conferences;(2) home-study training modules (including professional journals requiring successful completion of a test document);(3) lectures;(4) panel discussions;(5) seminars;(6) accredited college or university courses;(7) video or film presentations with live instruction;(8) field demonstrations;(9) teleconferences; or(10) other activities approved by the department.(f) Only the following continuing education activities shall serve as a basis for registration renewal:(1) approved by the department or its designee in accordance with this section; or(2) approved by another professional regulatory agency in the State of Texas as acceptable continuing education for registration renewal; and(3) covering one or more of the curriculum areas listed in subsection (i).(g) Continuing education activities must meet the following criteria in order to be accepted for continuing education credit:(1) the activity must cover one or more of the curriculum areas listed in subsection (i);(2) the activity must be conducted by an organization which is:(A) an accredited college or university;(B) a governmental agency, including local, state or federal agencies;(C) an association with a membership of 25 or more persons, or its affiliate; or(D) a commercial education business;(3) the activity must have a record-keeping procedure which includes a register of who took the course and the number of continuing education hours earned;(4) the organization must implement procedures for verifying participant attendance;(5) the activity must be at least 50 minutes in length of actual instruction time. Round-table discussions and more than one speaker for the total of 50 minutes per activity is permissible. No credit will be given for time used for other non-relevant activities; and(6) the activity must be conducted in compliance with all applicable federal and state laws, including the Americans with Disabilities Act requirements for access to activities.(h) Commercial education businesses shall submit a request for approval on department forms, and shall not represent any course as approved until such approval is granted by the department in writing.(i) The curriculum of an approved activity must include one or more of the following subjects:(1) zoning and zoning ordinance enforcement;(2) sign regulations;(3) home occupations;(4) housing codes and ordinances;(5) building abatement;(6) nuisance violations;(7) abandoned vehicles;(8) junk vehicles;(9) health ordinances;(10) basic processes of law related to code enforcement;(11) professional, supervisory, or management training related to the profession of code enforcement;(12) legislative or legal updates related to the profession of code enforcement; or(13) principles and procedures to be followed when possessing or carrying a bite stick.(j) Documentation of continuing education activity shall be maintained by the organization for five years, including:(1) a roster which shall include the following:(A) name, address, phone number, registration number, and signature of the registrant; and(B) number of continuing education hours earned by each individual; and(2) copies of all program materials sufficient to demonstrate compliance with this section.(k) At the conclusion of the activity the organization shall distribute to those registered code enforcement officers and code enforcement officers in training who have successfully completed the activity a certificate of completion which shall include the name of the registrant, the name of the organization providing the training, the title of the activity, the date and location of the activity, and the continuing education hours earned. The certificate shall include a breakdown of the hours earned on each topic listed under subsection (i).(l) Each registered code enforcement officer and code enforcement officer in training shall collect and keep certificates of completion of approved courses. These certificates of completion will be used to document the attendance of a registered code enforcement officer or code enforcement officer in training at approved courses. The department will conduct random audits for compliance with this requirement.(m) Failure to comply with continuing education requirements may result in suspension of a code enforcement officer or code enforcement officer in training registration until the necessary credits for continuing education are successfully completed.(n) The department may refuse to accept any or all courses for registration renewal if an organization fails to retain documentation related to the activity as required by this section, or fails to comply with any other requirements that are a basis for approval or that are a part of this chapter.(o) Initial certification in the twelve months preceding renewal will be accepted as proof of the continuing education required by this section if the certification is listed as follows:(1) International Code Council (ICC):(A) residential building inspector;(B) residential electrical inspector;(C) residential mechanical inspector;(D) residential plumbing inspector;(E) commercial building inspector;(F) commercial electrical inspector;(G) commercial mechanical inspector;(H) commercial plumbing inspector;(I) fire inspector I;(J) fire inspector II;(K) residential combination inspector;(L) commercial combination inspector;(M) certified building official;(N) accessibility inspector;(O) zoning inspector;(P) property maintenance and housing inspector; or(Q) housing code official;(2) International Association of Plumbing and Mechanical Officials (IAPMO):(A) voluntary plumbing inspector; or(B) voluntary mechanical inspector;(3) National Fire Protection Association (NFPA):(A) certified fire protection specialist;(B) fire inspector I;(C) fire inspector II;(D) certified building inspector;(E) certified residential electrical inspector; or(F) certified master electrical inspector;(4) International Association of Electrical Inspectors (IAEI):(A) building 1 and 2 family dwelling;(B) building general;(C) electrical 1 and 2 family dwelling;(D) electrical general;(E) fire protection general;(F) fire protection plan review;(G) mechanical 1 and 2 family dwelling;(H) mechanical general;(I) plumbing 1 and 2 family dwelling; or(J) plumbing general;(5) National Swimming Pool Foundation (NSPF) certified pool-spa operator; or(6) American Association of Code Enforcement (AACE):(A) certified property maintenance and housing inspector;(B) certified zoning enforcement officer;(C) certified code enforcement officer; or(D) code enforcement administrator.", "sourceNote": "Source Note: The provisions of this §62.24 adopted to be effective November 1, 2017, 42 TexReg 4615; amended to be effective August 1, 2020, 45 TexReg 5164." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185853", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.25", "label": "Registration Requirements--Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185854", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a registration, an applicant must:(1) comply with the applicable requirements of this chapter and the Act;(2) submit a completed application on a department-approved form;(3) complete the continuing education requirements under §62.24; and(4) pay the fee required by §62.80.(b) To renew and maintain continuous registration, the renewal requirements under this section must be completed before the expiration of the registration. A late renewal means the registrant will have a period of non-registration from the expiration date of the expired registration to the issuance date of the renewed registration. During the unregistered period, a person may not claim to be a code enforcement officer or code enforcement officer in training, or use the titles \"code enforcement officer\" or \"code enforcement officer in training.\"(c) Failure to receive notification from the department prior to the expiration date of the license will not excuse failure to file for renewal or late renewal.", "sourceNote": "Source Note: The provisions of this §62.25 adopted to be effective November 1, 2017, 42 TexReg 4615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185854", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209292", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who is licensed or registered under another law of this state and who under the license or registration engages in code enforcement is not required to register with the department.(b) This state or a political subdivision of this state is not required to employ a person registered under the Act if the state or political subdivision engages in code enforcement. However, if this state or a political subdivision of the state employs a person who uses the title \"code enforcement officer,\" the person must be registered under the Act.", "sourceNote": "Source Note: The provisions of this §62.30 adopted to be effective November 1, 2017, 42 TexReg 4615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209292", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.65", "label": "Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200476", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall establish an advisory committee to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. The name of the advisory committee shall be the Code Enforcement Officers Advisory Committee.(b) The advisory committee shall consist of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:(1) five registered code enforcement officers;(2) one structural engineer or licensed architect;(3) two consumers, one of which must be a certified building official; and(4) one person involved in the education and training of code enforcement officers.(c) Members of the advisory committee shall serve staggered six-year terms so that the terms of three members will expire on February 1 of each odd-numbered year. If a vacancy occurs during a member's term, the presiding officer of the commission, with the approval of the commission, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.(d) The presiding officer of the commission shall designate one member of the advisory committee to serve as presiding officer of the advisory committee for a term of two years. A member may serve more than one term as presiding officer.(e) The advisory committee shall meet at the call of the presiding officer of the commission or the executive director of the department.(f) A quorum of the advisory committee is necessary to conduct official business. A quorum is five members. Advisory committee action shall require a majority vote of those members present and voting.(g) A member of the advisory committee may be removed from the advisory committee pursuant to Texas Occupations Code §51.209.", "sourceNote": "Source Note: The provisions of this §62.65 adopted to be effective September 15, 2017, 42 TexReg 4615; amended to be effective July 1, 2022, 47 TexReg 3664." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200476", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.70", "label": "Standards of Conduct for Engaging in Code Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185859", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant shall:(1) be knowledgeable of and adhere to the Act, the rules, applicable codes, and all procedures established by the department for registrants; and(2) be honest and trustworthy in the performance of all duties and work performed as a registrant, and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission. Acts or practices that constitute threats, coercion, or extortion are prohibited.(b) A registrant shall not:(1) participate, whether alone or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act, the rules, or the standards adopted by the commission;(2) furnish inaccurate, deceitful, or misleading information to the department;(3) engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a registrant;(4) consume alcohol or take a controlled substance not prescribed by a physician, while performing as a registrant;(5) verbally, physically, or sexually abuse, or attempt to abuse an individual while performing as a registrant;(6) accept, or offer to accept, any form of compensation for not reporting a hazard as required, or for correcting a hazard which was found while performing as a registrant;(7) fail to report a crime when the report is required by law;(8) claim to be a code enforcement officer or code enforcement officer in training, or use the titles \"code enforcement officer\" or \"code enforcement officer in training,\" while the registrant's registration is expired;(9) use the registration number or certificate of another person, or allow another person to use his or her registration number or certificate;(10) alter a registration certificate in a manner that is deceptive or misleading;(11) be grossly negligent, incompetent, or engage in misconduct in the practice of code enforcement; or(12) misuse a bite stick while performing as a registrant.(c) A registrant shall notify consumers of the name, mailing address, internet address, and telephone number of the department for the purpose of directing complaints to the department by providing notification:(1) on each written contract for services of a registrant;(2) on a sign prominently displayed in the primary place of business of each registrant; or(3) in a bill for services provided by a registrant to a third party.(d) A registrant shall not possess or carry a bite stick in a place prohibited by Texas Penal Code Section 46.03(a) unless the registrant has completed either:(1) a training course that meets the requirements of §62.23 of this chapter and includes instruction on the principles and procedures to be followed when possessing or carrying a bite stick;(2) an approved continuing education course on the principles and procedures to be followed when possessing or carrying a bite stick; or(3) the Animal Control Officer basic training course provided by the Texas Department of State Health Services.", "sourceNote": "Source Note: The provisions of this §62.70 adopted to be effective November 1, 2017, 42 TexReg 4615; amended to be effective August 1, 2020, 45 TexReg 5164." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185859", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.71", "label": "Responsibilities of Supervisors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185860", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A supervisor must:(1) be a registered code enforcement officer;(2) have adequate training, knowledge, and skill to consult competently concerning any code enforcement services which the supervisee undertakes; and(3) provide an alternate registered code enforcement officer to provide supervision for the supervisee in circumstances when the supervisor will not be available for more than four consecutive weeks.(b) A supervisor may not:(1) supervise more than three supervisees at one time;(2) accept payment or other consideration from a supervisee in exchange for supervision; or(3) be employed by the supervisee, lease or rent space from the supervisee, or have any relationship with the supervisee which could impair the supervisor's professional judgment.(c) A supervisor who has ceased supervision of a supervisee must submit a notification of termination of supervision to the department and the supervisee within 30 days of the date supervision ceases. The notification of termination of supervision must include:(1) the name and registration number of the supervisor, as well as the name and registration number of the supervisee;(2) a statement that supervision has terminated;(3) the reason for termination; and(4) the date of termination of supervision.", "sourceNote": "Source Note: The provisions of this §62.71 adopted to be effective November 1, 2017, 42 TexReg 4615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185860", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.72", "label": "Responsibilities of Supervisees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A code enforcement officer in training must be supervised by a registered code enforcement officer during all times the code enforcement officer in training is engaged in code enforcement. Time shall not be counted toward the experience required for registration as a code enforcement officer unless the code enforcement officer in training had a qualified supervisor.(b) A supervisee must at all times have a current, accurate verification of supervision form on file with the department. The form must include:(1) The name of the applicant and each supervisor;(2) The registration number of each supervisor;(3) The primary location and address from which code enforcement services will be provided; and(4) A description of code enforcement duties to be rendered by the supervisee.(c) The supervisee must file a new verification of supervision form if any details listed in subsection (b) change after submission of the original form.(d) A supervisee may not pay for supervision.(e) A supervisee may not employ his or her supervisor, lease or rent space from the supervisor, or have any relationship with the supervisor which could impair the supervisor's professional judgment.", "sourceNote": "Source Note: The provisions of this §62.72 adopted to be effective November 1, 2017, 42 TexReg 4615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207967", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185862", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fees paid to the department are non-refundable.(b) Registration fees:(1) Code enforcement officer, two-year term--$100(2) Code enforcement officer in training, one-year term--$50(c) Renewal fees:(1) Code enforcement officer, two-year renewal--$75(2) Code enforcement officer in training, one-year renewal--$50(d) The fee to upgrade a registration from code enforcement officer in training to code enforcement officer pursuant to 16 TAC §62.20(c)--$100.(e) A duplicate/replacement fee for a registration issued under this chapter--$25.(f) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to late renewal fees).(g) The dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to dishonored payment device).(h) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to criminal history evaluation letters).", "sourceNote": "Source Note: The provisions of this §62.80 adopted to be effective November 1, 2017, 42 TexReg 4615; amended to be effective March 1, 2022, 47 TexReg 911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185862", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185863", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code, Chapters 51 and 1952, this chapter, or any rule or order of the commission or executive director, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 1952; Texas Occupations Code, Chapter 51; and any associated rules.", "sourceNote": "Source Note: The provisions of this §62.90 adopted to be effective November 1, 2017, 42 TexReg 4615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185863", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "62", "label": "CODE ENFORCEMENT OFFICERS" }, "rule": { "number": "§62.91", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187322", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1952 and any associated rules may be used to enforce Texas Occupations Code, Chapters 51 and 1952, and this chapter.", "sourceNote": "Source Note: The provisions of this §62.91 adopted to be effective November 1, 2017, 42 TexReg 4615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187322", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§65.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222223", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under authority of Texas Health and Safety Code, Chapter 755 and Texas Occupations Code, Chapter 51.", "sourceNote": "Source Note: The provisions of this §65.1 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222223", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§65.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172495", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Alteration--A change in the item described on the original Manufacturer's Data Report which affects the pressure containing capability of the pressure retaining item. Nonphysical changes such as an increase in the maximum allowable working pressure (internal or external), increase in design temperature, or a reduction in minimum temperature of a pressure-retaining item is considered an alteration.(2) Application for Certification--The completed first inspection report.(3) Approved--Agreed to by the executive director.(4) ASME--The American Society of Mechanical Engineers Boiler and Pressure Vessel Code, code cases, and interpretations adopted by the council of the society.(5) Authorized Inspection Agency (AIA) (In-service)--An entity accredited by the National Board meeting NB-369, \"Qualifications and Duties for Authorized Inspection Agencies Performing In-service Activities and Qualifications for Inspectors of Boilers and Pressure Vessels.\"(6) Authorized Inspection Agency (AIA) (New Construction--ASME Activities)--An entity accredited by the National Board meeting the qualification and duties of NB-360, \"Criteria for Acceptance of Authorized Inspection Agencies for New Construction.\"(7) Authorized Inspector (AI)--An inspector qualified to be employed by an Authorized Inspection Agency (AIA) who holds a commission issued by the executive director.(8) AWP--The allowable working pressure at which the boiler can safely operate.(9) Blowdown separator--a pressure vessel used to capture boiler blowdown water for the purpose of reducing the boiler blowdown water temperature and pressure. The cooling of the blowdown water occurs by mixing cooling water with the blowdown water.(10) Blowdown tank--A pressure vessel used to capture boiler blowdown water for the purpose of reducing the boiler blowdown water temperature and pressure. The cooling of the blowdown water occurs over time.(11) Blowdown water--Boiler water that contains dissolved solids and sludge.(12) Board--The Board of Boiler Rules.(13) \"Boiler\" means:(A) a heating boiler;(B) a nuclear boiler;(C) a power boiler;(D) an unfired steam boiler; or(E) a process steam generator.(14) Boiler external piping--The piping which begins where the ASME Code Section I or Section VIII, Division 1, 2, or 3 boiler proper or separately fired superheater terminates at:(A) the first circumferential joint for welding end connections; or(B) the face of the first flange in bolted flange connections; or(C) the first threaded joint in that type of connection; and which extends up to and including the valve or valves required by ASME.(15) Certificate inspection--The required internal or external boiler inspection, the report of which is used by the chief inspector to decide whether to issue a certificate of operation.(16) Certificate of operation--A certificate issued by the executive director to allow the operation of a boiler.(17) Changeover valve--A valve that allows two redundant pressure relief valves to be installed for the purpose of changing from one pressure relief valve to the other while the boiler is operating and designed such that there is no intermediate position where both pressure relief valves are isolated from the boiler.(18) Chief inspector--The inspector appointed in accordance with Texas Health and Safety Code, §755.023.(19) Code--ASME Code.(20) Commission--The Texas Commission of Licensing and Regulation.(21) Competent attendant--An individual who has been trained to properly operate, start up, shut down, respond to emergencies and maintain control of the boiler in safe operating condition.(22) Condemned boiler--A boiler inspected and declared unfit for further service by the chief inspector, the deputy inspector, or the executive director.(23) Continuous water treatment--A verifiable program that controls and limits corrosion and deposits in a boiler.(24) Department--Texas Department of Licensing and Regulation.(25) Deputy inspector--An inspector appointed by the executive director.(26) Disconnected boiler--A boiler in which all fuel, water, steam and electricity are removed from any connection on the boiler. These connections must provide an isolated gap and the source must be safely isolated to prevent potential leaks or electrical hazards.(27) Electric boiler--A boiler in which the source of heat is electricity, such as an electrode type boiler and an immersion resistance element type boiler.(28) Electrode type boiler--An electric boiler in which heat is generated by the passage of electric current using water as the conductor.(29) Executive director--The executive director of the department.(30) External inspection--An inspection of the exterior of a boiler and its appurtenances that is made, if possible, while the boiler is in operation.(31) Heat Recovery Steam Generator (HRSG)--A boiler which produces steam where its principle source of thermal energy is a hot gas stream having high ramp rates, such as the exhaust of a gas turbine.(32) Heating boiler--A steam heating boiler, hot water heating boiler, hot water supply boiler, or potable water heater that is directly fired with oil, gas, solar energy, electricity, coal, or other solid or liquid fuel.(33) High-temperature water boiler--A water boiler designed for operation at pressures exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures exceeding 250 degrees Fahrenheit (121 degrees Celsius).(34) Hot water heating boiler--A boiler designed for operation at a pressure not exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures not exceeding 250 degrees Fahrenheit (121 degrees Celsius) at or near the boiler outlet.(35) Hot water supply boiler--A boiler designed for operation at pressures not exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures not exceeding 250 degrees Fahrenheit (121 degrees Celsius) at or near the boiler outlet if the boiler's heat input exceeds 200,000 British thermal units per hour (58.6 kilowatts); water temperature exceeds 210 degrees Fahrenheit (99 degrees Celsius); or nominal water-containing capacity exceeds 120 gallons (454 Liters).(36) Immersion resistance element type boiler--An electric boiler in which heat is generated by the passage of an electric current through a resistance heating element immersed in water.(37) Inspection agency--An Authorized Inspection Agency (AIA) providing inspection services.(38) Inspector--The chief inspector, a deputy inspector, or an Authorized Inspector (AI).(39) Install--To place, position or fit a boiler into position and then to connect, change or modify the boiler to enable the boiler to be brought into service.(40) Installation--The act of installing a boiler or associated equipment.(41) Internal inspection--A complete and thorough inspection of the interior waterside and fireside areas of a boiler as construction allows.(42) Maximum Allowable Working Pressure (MAWP)--The greatest pressure at which a boiler is designed to operate.(43) Metric (SI)--An international system of measurement.(44) Metrication--The process of converting between US customary units and metric (SI) units.(45) Modular boiler--A steam or hot water heating assembly consisting of a group of individual boilers called modules, intended to be installed as a unit, with a single inlet and single outlet. Modules may be under one jacket or may be individually jacketed.(46) Multiple pressure steam generator--A boiler consisting of several sections of heat exchange surface designed for different pressure levels.(47) National Board--The National Board of Boiler and Pressure Vessel Inspectors.(48) National Board Inspection Code (NBIC)--The manual for boiler and pressure vessel inspectors published by the National Board of Boiler and Pressure Vessel Inspectors.(49) Nominal--The accepted ASME standard used to designate a size or capacity of an item.(50) Non-code boiler--A complete boiler not constructed to the appropriate ASME Code.(51) Nonstandard boiler--A boiler that does not qualify as a standard boiler.(52) Nuclear boiler--A nuclear power plant system, including its pressure vessels, piping systems, pumps, valves, and storage tanks that produces and controls an output of thermal energy from nuclear fuel and the associated systems essential to the function of the power system.(53) Operation--The condition of a boiler in which the energy source is being applied to the boiler.(54) Out of service--The condition of a boiler in which it is neither in operation nor in standby.(55) Owner or operator--Any person, firm, or corporation owning or operating boilers within the State of Texas.(56) Person--An individual, corporation, partnership, association or other legal entity.(57) Pool heater--A hot water supply boiler or a potable water heater designed to provide hot water to a pool.(58) Portable boiler--A boiler primarily intended for use at a temporary location.(59) Potable water heater--A boiler designed for operation at pressures not exceeding 160 pounds per square inch gage (1100 kilopascals) and water temperatures not exceeding 210 degrees Fahrenheit (99 degrees Celsius) if the boiler's heat input exceeds 200,000 British thermal units per hour (58.6 kilowatts) or nominal water-containing capacity exceeds 120 gallons (454 liters).(60) Power boiler--A high-temperature water boiler or a boiler in which steam is generated at a pressure exceeding 15 pounds per square inch gage (103 kilopascals) for a purpose external to the boiler.(61) Preliminary order--A written order issued by the chief inspector or any commissioned boiler inspector to require repairs or alterations to render a boiler safe for use or to require that operation of the boiler be discontinued. The boiler inspection report which requires repairs to be made or the boiler operation to be ceased which is signed by the chief inspector or a commissioned boiler inspector is a Preliminary Order.(62) Process steam generator--An evaporator, heat exchanger, or vessel in which steam is generated by the use of heat resulting from the operation of a processing system that contains a number of pressure vessels, such as used in the manufacture of chemical and petroleum products.(63) Reinstalled boiler--A boiler removed from its original setting and reinstalled at the same location or at a new location.(64) Repair--The work necessary to restore pressure-retaining items to a safe and satisfactory operating condition.(65) Rules--The rules promulgated and enforced by the commission in accordance with Texas Health and Safety Code, §755.032 and Texas Occupations Code, Chapter 51.(66) Safety appliance--A safety device such as a safety valve or a pressure relief valve for a boiler provided to diminish the danger of accidents.(67) Secondhand boiler--A boiler for which the location and ownership have changed.(68) Serious accident--An explosion resulting in any degree of distortion to the wall of the boiler or related equipment or damage to the building where the boiler is located. Or, emergency medical services are dispatched to the location of a boiler accident in which one or more persons require on-site medical services, transport to a medical facility or the accident results in a fatality.(69) Special inspection--An inspection by the chief inspector or deputy inspector other than those in Texas Health and Safety Code, §§755.025 - 755.027.(70) Stacked boiler--A design in which one boiler is placed onto a rack above another boiler, as designed by the boiler manufacturer with a rack nameplate, and as approved by the department.(71) Standard boiler--A boiler that bears the stamp of a nationally recognized engineering professional society, or the stamp of any jurisdiction that has adopted a standard of construction equivalent to the standard required by the executive director.(72) Standby--The condition of a boiler in which the owner or operator has (1) placed the boiler into operation at low fire or (2) can place the boiler into operation within 48 hours' notice.(73) Steam heating boiler--A boiler designed for operation at pressures not exceeding 15 pounds per square inch gage (103 kilopascals).(74) System pressure--The pressure of the boiler system, which is governed by the highest safety valve or pressure relief valve set pressure as allowed by ASME Code and this chapter.(75) Texas Commission--Authorization to inspect boilers and enforce Texas Health and Safety Code, Chapter 755, and 16 Texas Administrative Code, Chapter 65, on behalf of the department.(A) ASME Only commission--Authorizes an inspector to conduct only ASME new construction activities.(B) In-service only commission--Authorizes an inspector to conduct only boiler in-service activities.(C) ASME and in-service commission--Authorizes an inspector to conduct both activities in subparagraphs (A) and (B).(76) Unfired steam boiler--An unfired pressure vessel in which steam is generated. The term does not include: vessels known as evaporators or heat exchangers; or vessels in which steam is generated by using the heat that results from the operation of a processing system that contains a number of pressure vessels, as used in the manufacture of chemical and petroleum products.", "sourceNote": "Source Note: The provisions of this §65.2 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective July 1, 2020, 45 TexReg 4330; amended to be effective October 29, 2020, 45 TexReg 7578; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172495", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§65.3", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176253", "queryAsDate": "03/11/2026" }, "ruleBody": "The requirements of this chapter do not apply to boilers exempted by Texas Health and Safety Code, §755.022.", "sourceNote": "Source Note: The provisions of this §65.3 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176253", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "B", "label": "REGISTRATION--AUTHORIZED INSPECTION AGENCY" }, "rule": { "number": "§65.6", "label": "Registration--Authorized Inspection Agency With National Board Accreditation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person with national board accreditation may not act as an Authorized Inspection Agency without first registering with the department under this chapter.(b) To act as an Authorized Inspection Agency under this section, a person must complete a department-approved registration.", "sourceNote": "Source Note: The provisions of this §65.6 adopted to be effective February 15, 2016, 41 TexReg 795." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176254", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "B", "label": "REGISTRATION--AUTHORIZED INSPECTION AGENCY" }, "rule": { "number": "§65.7", "label": "Registration Renewal--Authorized Inspection Agency National Board Accreditation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222224", "queryAsDate": "03/11/2026" }, "ruleBody": "To renew an Authorized Inspection Agency registration under this section, a registrant must:(1) complete a department-approved registration renewal; and(2) provide proof of accreditation by the National Board.", "sourceNote": "Source Note: The provisions of this §65.7 adopted to be effective February 15, 2016, 41 TexReg 795." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222224", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "C", "label": "BOILER REGISTRATION AND CERTIFICATE OF OPERATION--REQUIREMENTS" }, "rule": { "number": "§65.12", "label": "Boiler Registration and Certificate of Operation Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222225", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by this chapter, the owner or operator of each boiler operated in this state must:(1) register the boiler with the department;(2) have qualified each boiler for a current certificate of operation; and(3) post the current certificate of operation in a conspicuous place on or near the boiler for which it is issued.(b) Upon issuance of a certificate of operation for a boiler:(1) the obligation to comply with the Act and this chapter, including the requirement for periodic inspections, is required to continue operation; and(2) the continued operation of the boiler is presumed unless the owner or operator establishes to the satisfaction of the department, based on the owner or operators' records or other evidence reasonably acceptable to the department, that the boiler was not in operation after the expiration of a certificate of operation for that boiler.", "sourceNote": "Source Note: The provisions of this §65.12 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective February 1, 2020, 45 TexReg 535; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222225", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "C", "label": "BOILER REGISTRATION AND CERTIFICATE OF OPERATION--REQUIREMENTS" }, "rule": { "number": "§65.13", "label": "Boiler Installation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222226", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner or operator of a boiler in this state must submit a boiler installation report to the department, in the manner prescribed by the department, not later than the time of completion of:(1) a boiler installation; or(2) a boiler reinstallation following relocation or disconnection (as defined in §65.2(26)).(b) A boiler may not be test-fired or operated before the required first inspection unless the boiler installation:(1) is conducted in accordance with the applicable requirements of this chapter, including but not limited to this section and §§65.50, 65.87, 65.200, 65.201, 65.204, and 65.209;(2) the owner, operator, or boiler installer has submitted a boiler installation report to the department in the manner prescribed by the department; and(3) a Temporary Boiler Operating Permit has been approved in accordance with subsection (c).(c) Temporary Boiler Operating Permit.(1) The owner or operator may request a Temporary Boiler Operating Permit in the manner prescribed by the department.(2) The owner or operator must pay the applicable fee provided under §65.300.(3) The department will not approve a Temporary Boiler Operating Permit if a boiler installation report for the boiler has not been submitted to the department in the manner prescribed by the department.(4) Upon approval of the Temporary Boiler Operating Permit from the department, the boiler may be operated before the required initial inspection for up to thirty (30) days.", "sourceNote": "Source Note: The provisions of this §65.13 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective February 15, 2019, 44 TexReg 583; amended to be effective July 1, 2020, 45 TexReg 4330; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222226", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "C", "label": "BOILER REGISTRATION AND CERTIFICATE OF OPERATION--REQUIREMENTS" }, "rule": { "number": "§65.14", "label": "Inspector Commissions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222227", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In-service Commission. To be eligible for in-service commission, an applicant must:(1) submit a completed application on a department-approved form demonstrating eligibility;(2) successfully pass a criminal background check;(3) pass a written examination approved by the department;(4) attend a department-approved boiler orientation program; and(b) Texas ASME Commissions. To be eligible for a Texas ASME commission, an applicant must:(1) submit a completed application on a department-approved form;(2) successfully pass a criminal background check;(3) hold a valid National Board Authorized Inspector Commission; and(4) pay the fee required under §65.300.", "sourceNote": "Source Note: The provisions of this §65.14 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222227", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "C", "label": "BOILER REGISTRATION AND CERTIFICATE OF OPERATION--REQUIREMENTS" }, "rule": { "number": "§65.15", "label": "Boiler Certificate of Operation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222228", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a certificate of operation, the following requirements must be met:(1) compliance with new boiler installation §65.200;(2) completion and submission of the applicable inspection report;(3) required repairs completed;(4) payment of fees under §65.300; and(5) payment of due or past-due invoices associated with the boiler.(b) If the boiler has not been registered with the National Board, the owner or operator may apply to the department for a variance.(c) Non-code boilers may not be installed or operated without written authorization from the department.(1) Non-code boilers, if installed without written authorization from the department, must be completely replaced to ensure the complete boiler meets or exceeds ASME code and this chapter.(2) Installing code compliant parts onto a non-code boiler does not make a non-code boiler ASME code compliant.", "sourceNote": "Source Note: The provisions of this §65.15 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective February 15, 2019, 44 TexReg 583; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222228", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "D", "label": "AUTHORIZED INSPECTOR" }, "rule": { "number": "§65.25", "label": "Authorized Inspector--Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222229", "queryAsDate": "03/11/2026" }, "ruleBody": "To perform work as an Authorized Inspector, an applicant must be an inspector in the employment of a department-registered Authorized Inspection Agency.", "sourceNote": "Source Note: The provisions of this §65.25 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222229", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "D", "label": "AUTHORIZED INSPECTOR" }, "rule": { "number": "§65.26", "label": "Commission--Renewal and Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187352", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew or reinstate an Authorized Inspector commission, an applicant must:(1) submit a completed application on a department-approved form;(2) successfully pass a criminal background check;(3) participate in all training sessions, if any, required by the department in the twelve (12) month period preceding renewal; and(4) pay the applicable fee required under §65.300. Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(b) Non-receipt of a license or registration renewal notice from the department does not exempt a person or entity from any requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §65.26 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187352", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "E", "label": "EXAMINATIONS AND WAIVER OF EXAMINATION" }, "rule": { "number": "§65.30", "label": "Waiver of Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222230", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant for a Texas Commission who is licensed or commissioned in another state that has an examination substantially equivalent to that required by this chapter, as determined by the department, may obtain a commission without examination, if the person:(1) submits a completed application on a department-approved form demonstrating eligibility; and(2) except for the examination requirement otherwise meets the requirements in Subchapter F.", "sourceNote": "Source Note: The provisions of this §65.30 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222230", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "F", "label": "COMMISSION CARDS" }, "rule": { "number": "§65.40", "label": "Authorized Inspector--Commission Card" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222231", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director may issue a commission and an identifying commission card to an Authorized Inspector provided the inspector has successfully passed the examination as set forth in §65.14.(b) A commission card or a digital or paper photograph or copy of the commission card issued by the department must be in the inspector's possession and readily available while conducting inspection activities within the state of Texas.(c) Written requests for renewals, and applications for new and reinstated commissions must specify if the scope of work to be performed will be ASME Code only, in-service only, or both.(d) When a request is for new issuance or reinstatement as described in §65.14 and §65.26, the inspector must attend a mandatory commission approved training program before issuance of the commission.(e) If a current commission and/or identifying commission card is lost or destroyed, the inspector shall immediately notify the department in writing and a duplicate will be issued without examination or application, upon request and payment of fees under §65.300.(f) Within two (2) business days after an inspector's employment terminates, the Authorized Inspection Agency must notify the department in writing that the inspector no longer works for the agency.", "sourceNote": "Source Note: The provisions of this §65.40 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222231", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "F", "label": "COMMISSION CARDS" }, "rule": { "number": "§65.41", "label": "Reissuance of Commission Card after Reemployment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187353&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187353", "queryAsDate": "03/11/2026" }, "ruleBody": "An inspector, commissioned as provided in this subchapter, is entitled to another commission without examination upon leaving an employer and commencing employment with another employer if the inspector:(1) is employed by the new employer within 12 months after leaving the former employer;(2) submits an application for a commission as required in this subchapter; and(3) meets all other requirements for obtaining a commission.", "sourceNote": "Source Note: The provisions of this §65.41 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187353&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187353", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "G", "label": "APPLICATION TO OPERATE NONSTANDARD BOILERS" }, "rule": { "number": "§65.45", "label": "Nonstandard Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222232", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Operation of a nonstandard boiler is prohibited unless the department has granted approval as a nonstandard boiler used for exhibition, instruction, education, show, display, or demonstration.(b) The applicant must:(1) submit a boiler installation report;(2) include a description of the materials, methods of construction, drawings, and such other design information sufficient to establish the MAWP; and(3) pay the fee required under §65.300.(c) If the materials submitted under subsection(b)(2) are insufficient to establish the MAWP, the department may require a proof test of the nonstandard boiler in accordance with the edition of the code determined to be most applicable for the method of construction.", "sourceNote": "Source Note: The provisions of this §65.45 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222232", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "H", "label": "INSPECTOR STANDARDS OF CONDUCT" }, "rule": { "number": "§65.50", "label": "Inspectors--Prohibited Conflicts of Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172509", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Inspectors may not engage in the sale of any article or device relating to boilers, pressure vessels, or appurtenances.(b) Authorized Inspection Agencies, Authorized Inspectors, and inspectors employed by the department may not install boilers.(c) An Authorized Inspection Agency, an Authorized Inspector, or an employee of the department may not inspect a boiler installed by an Authorized Inspection Agency, by any Authorized Inspector, by a current or former Authorized Inspection Agency employer, or by the same employee of the department.", "sourceNote": "Source Note: The provisions of this §65.50 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172509", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "H", "label": "INSPECTOR STANDARDS OF CONDUCT" }, "rule": { "number": "§65.51", "label": "Enforcement of Rules and Code Violation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172510", "queryAsDate": "03/11/2026" }, "ruleBody": "Inspectors are charged with enforcing all provisions of the Texas Health and Safety Code, Chapter 755 and 16 TAC Chapter 65, at all times while conducting boiler inspection and investigation activities.", "sourceNote": "Source Note: The provisions of this §65.51 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172510", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "H", "label": "INSPECTOR STANDARDS OF CONDUCT" }, "rule": { "number": "§65.52", "label": "Completion of Reports Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222239", "queryAsDate": "03/11/2026" }, "ruleBody": "Inspectors must properly document findings or violations identified during an inspection and shall include references to applicable law, rules, and procedures violated.", "sourceNote": "Source Note: The provisions of this §65.52 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222239", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "I", "label": "INSPECTION OF BOILERS" }, "rule": { "number": "§65.60", "label": "External Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222240", "queryAsDate": "03/11/2026" }, "ruleBody": "External inspections must be performed as part of the application for an extension to the inspection interval of Health and Safety Code, §755.026. Otherwise, an external inspection must be conducted in conjunction with the annual internal inspection required in Health and Safety Code, §755.025.", "sourceNote": "Source Note: The provisions of this §65.60 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222240", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "I", "label": "INSPECTION OF BOILERS" }, "rule": { "number": "§65.61", "label": "Inspection of All Boilers Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222237", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All boilers not exempted by Texas Health and Safety Code, §755.022 shall be inspected in accordance with Texas Health and Safety Code, §755.025, §755.026, or any applicable rules under this chapter.(b) All boilers must receive a certificate inspection before the expiration date of the current certificate of operation.(c) Boilers must be inspected by the Authorized Inspection Agency that issued an insurance policy to cover a boiler located in this state, or by an authorized representative. All other boilers must be inspected by the department.(1) The Authorized Inspection Agency must conduct a certificate inspection for each boiler for which it is responsible before the expiration of the boiler's current certificate of operation.(2) The continued operation of the boiler beyond the expiration of the certificate of operation is presumed in accordance with §65.200.(3) The Authorized Inspection Agency listed in the department's reporting system that fails to timely inspect a boiler for which it is responsible is subject to the late inspection fee in §65.300 if the current certificate of operation expires while the Authorized Inspection Agency has inspection responsibility.(4) The owner or operator of a boiler that does not receive a certificate inspection before the expiration of the current certificate of operation is subject to the late inspection fee in §65.300.(5) An Authorized Inspection Agency that is denied access to a boiler for inspection purposes is not responsible for a late inspection fee under paragraph (c)(3). A denied-access violation of §65.62(a) must be documented on the inspection report.(d) Upon request, an Authorized Inspection Agency must provide the department documentation of the effective dates of its inspection responsibility for a boiler.(e) Subsections (c)(3) and (c)(4) apply to boilers for which the certificate of operation expires on or after December 1, 2025.(f) Except in the case of an accident or other emergency, no inspection will be made by the chief inspector or any deputy inspector on a Saturday, Sunday, or legal holiday, unless otherwise directed by the department.", "sourceNote": "Source Note: The provisions of this §65.61 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222237", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "I", "label": "INSPECTION OF BOILERS" }, "rule": { "number": "§65.62", "label": "Notice of Inspection to Owners or Operators of Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222238", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All boilers, unless otherwise exempted, must be made available for inspection and prepared for initial inspection, regular inspections, or liquid pressure tests, whenever necessary, by the owner or operator when notified by the inspector.(b) The owner or operator shall prepare each boiler, in accordance with §65.210 and §65.211, for an internal inspection and shall prepare for and apply the liquid pressure tests whenever necessary on the date specified by the inspector.", "sourceNote": "Source Note: The provisions of this §65.62 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222238", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "I", "label": "INSPECTION OF BOILERS" }, "rule": { "number": "§65.63", "label": "Inspection of Portable Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201530", "queryAsDate": "03/11/2026" }, "ruleBody": "The internal and external inspection of portable boilers must occur as follows:(1) Boilers fabricated in accordance with the ASME Section I (i.e. \"S\" or any other Section I Designator) shall be inspected annually;(2) Boilers fabricated in accordance with the ASME Section IV, \"H\" Designator shall be inspected biennially;(3) Boilers fabricated in accordance with the ASME Section IV, \"HLW\" Designator shall be inspected triennially; and(4) Boilers designated as a nonstandard boiler in accordance with §65.45, must be inspected annually.", "sourceNote": "Source Note: The provisions of this §65.63 adopted to be effective January 15, 2018, 43 TexReg 75; amended to be effective February 15, 2019, 44 TexReg 583; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201530", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "I", "label": "INSPECTION OF BOILERS" }, "rule": { "number": "§65.64", "label": "Extension of Interval between Internal Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To extend the interval between internal inspections as provided for in Texas Health and Safety Code, §755.026, the following procedure must be followed:(1) No less than three business days before the expiration date of the current certificate of operation, the owner or operator shall submit a request for extension for each boiler, in a manner prescribed by the department, including:(A) the desired length of extension for a time period no more than one (1) year following the expiration date of the current certificate of operation; and(B) the date of the last internal inspection.(2) Records that demonstrate compliance with Texas Health and Safety Code, §755.026 and this section shall be available for review upon request by the Authorized Inspector or the department.(3) The department shall notify the owner or operator and the inspection agency having jurisdiction of the maximum extension period that may be approved.(4) Before the expiration of the current certificate of operation, the inspection agency shall review all relevant records and make an external inspection. The inspection agency shall submit the inspection report in accordance with Texas Health and Safety Code, §755.027.(5) Upon completion of the requirements in paragraphs (1) - (4) and payment of all required fees, a new certificate of operation may be issued for the extended period of operation.(6) If the department denies an extension request, the boiler shall be internally inspected before the expiration of the certificate of operation.(7) Boilers for which the certificate of operation has expired must pass internal and external inspections before a new certificate of operation may be issued.(b) The interval between internal inspections may be extended if, at all times since the last internal inspection, continuous water treatment has been maintained and any of the following apply:(1) the boiler was in operation;(2) the boiler was in standby:(A) water sampling and water treatment are not required during the time that a boiler is in standby.(B) notwithstanding subsection (b)(2)(A), continuous water treatment, including water sampling and water treatment, is required during the time that a boiler is in standby and is in operation at low fire;(3) the boiler was out of service for repairs for periods not exceeding 15 consecutive days; or(4) the boiler was out of service for repairs for any periods exceeding 15 consecutive days and accurate and complete records clearly demonstrate that the interval between internal inspections may be safely extended.(c) For public health and safety reasons, a boiler that has been out of service for repairs for periods exceeding 15 consecutive days is presumed to require an internal inspection if it can be safely and competently performed. An owner or operator who intends to request an extension under this section for a boiler that has been or will be out of service for a period exceeding 15 consecutive days should:(1) contact the department and the Authorized Inspection Agency having jurisdiction as soon as practicable when the owner or operator becomes aware that the boiler will be or has been out of service for a period exceeding 15 consecutive days;(2) provide written information or documentation that includes:(A) The anticipated length of the repair;(B) The nature of the repair; and(C) Any other information that the department and the Authorized Inspection Agency require in order to make a determination whether eligibility for an extension will be preserved; and(3) if there is a significant change in the conditions upon which the department determined that the inspection interval could be extended, update the department and the Authorized Inspection Agency.(d) A request for extension of the interval between internal inspections may be denied for failure to comply with any applicable provision of the Texas Health and Safety Code, Chapter 755, or this chapter.(e) An additional extension for up to one hundred twenty (120) days may be allowed as provided for in Texas Health and Safety Code, §755.026, when it is established an emergency exists.(1) Before the expiration date of the current certificate of operation, the owner or operator shall submit to the department, in the manner prescribed by the department, a request stating an emergency exists with an explanation of the emergency and the date of the last internal inspection. The request shall be submitted along with the inspection agency's external inspection report, confirming compliance with Texas Health and Safety Code, §755.026.(2) The department shall notify the owner or operator and the inspection agency having jurisdiction of the maximum extension period that may be approved.(3) Upon completion of the requirements in paragraphs (1) and (2) and payment of all required fees, a new certificate of operation may be issued for the extended period of operation.", "sourceNote": "Source Note: The provisions of this §65.64 adopted to be effective January 15, 2018, 43 TexReg 75; amended to be effective October 29, 2020, 45 TexReg 7578." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222265", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "J", "label": "TEXAS BOILER NUMBERS" }, "rule": { "number": "§65.70", "label": "Texas Boiler Numbers--Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each boiler must be identified with a single unique department-issued identification number displayed on a corrosion-resistant tag or decal and located on the boiler next to the ASME name plate. The decal or tag must be attached to the boiler during the first inspection and remain on the boiler for the life of the equipment.(b) After the initial issuance of an identification number, that number may not be reassigned or reused.(c) All correspondence and inspection reports must reference the boiler identification tag number.(d) On request by the department, the inspector must report to the department regarding the issuance and disposal of all tags issued to the inspector.", "sourceNote": "Source Note: The provisions of this §65.70 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "J", "label": "TEXAS BOILER NUMBERS" }, "rule": { "number": "§65.71", "label": "Texas Boiler Number--Placement on Boiler" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187356", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) During the first inspection of all boilers, the inspector must stamp the Texas boiler number, except as provided for in subsections (c) and (d), as near to the original ASME Code name plate and required information as practicable.(b) The stamping shall consist of the letters \"TX\" and directly to the right of the Texas shall be stamped the Texas boiler number with a five point star stamped immediately adjacent to the first and last digit of the Texas boiler number.(c) All hard stamping shall be accomplished by low stress steel dies 5/16 inch (8 millimeters) high and shall be arranged as shown in §65.615, Exhibit 1.(d) In addition to the stamping:(1) the corrosion-resistant metal tag shall be applied, as permanently as practicable, to the external jacket or other covering where the surface temperature exceeds 200 degrees Fahrenheit (93.3 degrees Celsius), or(2) the Texas boiler number decal shall be applied where the surface does not exceed 200 degrees Fahrenheit (93.3 degrees Celsius).(e) The following types of boilers are exempt from the stamping requirements of subsection (c), ASME Code: boilers bearing name plates stamped with the HLW designator, cast iron sectional boilers, cast aluminum sectional boilers, water tube boilers with cast headers, and other types of boilers that will be damaged by direct impression stamping.(1) These boilers shall be identified with the Texas boiler number decal or corrosion-resistant tag; and(2) The Texas boiler number decal or corrosion-resistant tag shall be applied where the surface does not exceed 200 degrees Fahrenheit (93.3 degrees Celsius).(f) Nonstandard boilers shall be identified by the Texas boiler number as described in subsection (b), with an exception that the Texas boiler number decal shall not be applied. The letters \"TEXAS SPECIAL\" or \"TX SPCL\" shall identify nonstandard boilers and shall be stamped directly above the Texas boiler number.", "sourceNote": "Source Note: The provisions of this §65.71 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2019, 44 TexReg 583; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187356", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "J", "label": "TEXAS BOILER NUMBERS" }, "rule": { "number": "§65.72", "label": "Condemned Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172518", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any boiler, stamped or identified with the corrosion-resistant metal tag, having been inspected and declared unsafe by the chief inspector, deputy inspector or executive director, shall be stamped by the inspector with an \"X\" on the star on either side of the Texas boiler number. The \"X\" stamped tag identifies/designates the boiler as condemned.(b) Any boiler, identified with the Texas boiler number decal, having been inspected and declared unsafe by the chief inspector or deputy inspector, shall have the decal altered/defaced by the inspector by removing the star on either side of the Texas boiler number on the decal. The altered/defaced decal identifies/designates the boiler as condemned.", "sourceNote": "Source Note: The provisions of this §65.72 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective January 15, 2018, 43 TexReg 75." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172518", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "K", "label": "REPORTING REQUIREMENTS" }, "rule": { "number": "§65.80", "label": "Notification of Changes in Risks and Inspection Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172519&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172519", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All inspection agencies shall notify the department of all boiler risks or inspection agreements written, canceled, or not renewed, within thirty (30) days of the effective date.(b) The inspection agency shall immediately notify the department of all boiler risks rejected or suspended, or inspection agreements cancelled or not renewed, because of unsafe conditions and shall immediately notify the department and submit a report of the unsafe conditions giving rise to the rejection, suspension, cancellation, or nonrenewal.(c) Notification may be made electronically or manually using the format provided by the department and shall list, by Texas boiler number, all objects affected by the notice.", "sourceNote": "Source Note: The provisions of this §65.80 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172519&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172519", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "K", "label": "REPORTING REQUIREMENTS" }, "rule": { "number": "§65.81", "label": "Inspection Report Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172520", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the time of the first inspection of any boiler covered by the provisions of Texas Health and Safety Code, Chapter 755, a first inspection report shall be submitted to the department.(b) Subsequent inspection reports shall be submitted to the department.(c) External inspections shall be reported to the department if:(1) hazardous conditions affecting the safety of the boiler are found; or(2) the external inspection is a certificate inspection.(d) Inspection reports shall be filed in a manner prescribed by the department.", "sourceNote": "Source Note: The provisions of this §65.81 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172520", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "K", "label": "REPORTING REQUIREMENTS" }, "rule": { "number": "§65.82", "label": "Defective Conditions Disclosed at Time of External Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222242", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If there is evidence of a leak or crack, the covering of the boiler shall be removed to satisfy the inspector as to the safety of the boiler.(b) If the covering cannot be removed at that time, an inspector may order the operation of the boiler discontinued, until such time as the covering can be removed and proper examination made.", "sourceNote": "Source Note: The provisions of this §65.82 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222242", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "K", "label": "REPORTING REQUIREMENTS" }, "rule": { "number": "§65.83", "label": "Boiler Accidents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172522", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In case of a serious accident, the owner, operator, or Authorized Inspector must immediately notify the chief inspector and Authorized Inspector, as applicable.(b) The owner or operator must ensure that neither the boiler nor any of the following is removed or disturbed, whether or not it is or was installed, in use, impacted, damaged, or functioning, except for the purpose of saving human life or preventing death or serious harm to an individual or preventing serious damage, before an inspection and investigation has been made by a department inspector:(1) parts of the boiler;(2) fuel supply equipment;(3) gauges, valves, meters, regulators, or cocks;(4) wiring, relays, switches, electrical panels, or motherboards;(5) ventilation equipment, structures, or fans;(6) any other equipment serving the operation of the boiler;(7) any matter, material, substance, equipment, part, or item related or unrelated to the operation of the boiler; or(8) building structures, building materials, building contents, adjacent or surrounding structures or components thereof, soils, or vegetation.(c) The chief inspector must investigate, or cause to be investigated, each boiler accident to the extent necessary to reasonably determine the cause of the boiler accident.(d) To the extent necessary to conduct an inspection and subsequent investigation of a boiler accident, the owner or operator must provide an inspector free access to the boiler and accident area.(e) All records related to the boiler and the operation of the boiler must be preserved and may not be modified or destroyed.(1) If records related to the operation or maintenance of the boiler are created or updated through electronic or automated processes, the records may not be accessed to modify, delete, or otherwise change the automated system or the records created or produced by that system.(2) All records must be made available to the inspector or the department upon request in a readily understandable format that can be read and interpreted without the use of proprietary software, interpretation services, or other specialized processes.(f) The owner or operator must timely provide the chief inspector, deputy inspector and Authorized Inspector with fragments, parts, appurtenances, documents, any items listed in subsection (b), and records necessary to conduct an investigation of the accident.(g) The Authorized Inspector must submit a report of the boiler accident to the chief inspector in a manner prescribed by the department.(h) The chief inspector must file a final report to the executive director.", "sourceNote": "Source Note: The provisions of this §65.83 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172522", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "K", "label": "REPORTING REQUIREMENTS" }, "rule": { "number": "§65.84", "label": "Repair and Alteration Report Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172523", "queryAsDate": "03/11/2026" }, "ruleBody": "All repair and alteration report forms shall be filed, by the organization making the repair or alteration, with the department within ninety (90) days after completion of the repair or alteration.", "sourceNote": "Source Note: The provisions of this §65.84 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172523", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "K", "label": "REPORTING REQUIREMENTS" }, "rule": { "number": "§65.85", "label": "Interagency Reporting and Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222243", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Investigators, deputy fire marshals, and inspectors of the Texas Department of Insurance, the Department of State Health Services, and the Commission on Fire Protection who, during routine inspections encounter boilers which are unregistered or in the opinion of the inspector are unsafe, shall report these boilers to the department in a manner prescribed by the department.(b) In the case of unsafe boilers, notification shall also be made to the chief inspector.(c) To assist the investigators, deputy marshals and inspectors with their reporting, the department may provide training relating to the boiler law and rules and the department's process for administering the boiler program.", "sourceNote": "Source Note: The provisions of this §65.85 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222243", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "K", "label": "REPORTING REQUIREMENTS" }, "rule": { "number": "§65.86", "label": "Authorized Inspection Agencies Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222244", "queryAsDate": "03/11/2026" }, "ruleBody": "Authorized Inspection Agencies must notify the department within ten calendar days after the loss of ASME Certificate of Authorization or NB-369 Certificate of Authorization.", "sourceNote": "Source Note: The provisions of this §65.86 adopted to be effective February 15, 2016, 41 TexReg 795; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222244", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "K", "label": "REPORTING REQUIREMENTS" }, "rule": { "number": "§65.87", "label": "Boiler Installation Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172526", "queryAsDate": "03/11/2026" }, "ruleBody": "The owner or operator of a boiler or any person who installs or reinstalls a boiler in this state must file an installation report with the department by the completion of installation in accordance with §65.13.", "sourceNote": "Source Note: The provisions of this §65.87 adopted to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172526", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "M", "label": "BOARD OF BOILER RULES" }, "rule": { "number": "§65.100", "label": "Board of Boiler Rules--Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222241", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of the Board of Boiler Rules is to advise the commission in the adoption of definitions and rules relating to the safe construction, installation, inspection, operating limits, alteration, and repair of boilers and appurtenances.(b) Recommendations of the board will be transmitted to the commission by the executive director.", "sourceNote": "Source Note: The provisions of this §65.100 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222241", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "M", "label": "BOARD OF BOILER RULES" }, "rule": { "number": "§65.101", "label": "Board of Boiler Rules--Membership; Presiding Officer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172528", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board of Boiler Rules is composed of the following 11 members appointed by the presiding officer of the commission, with the commission's approval:(1) three members representing persons who own or use boilers in this state;(2) three members representing companies that insure boilers in this state;(3) one member representing boiler manufacturers or installers;(4) one member representing organizations that repair or alter boilers in this state;(5) one member representing a labor union; and(6) two public members.(b) All members, except the members appointed under subsection (a)(6), must have experience with boilers. To the extent possible, at least four members should be professional engineers registered in this state.(c) The executive director serves as an ex officio board member.(d) Board members serve for staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year.(e) The chief inspector of the department serves as presiding officer of the board.(f) A quorum of the advisory board is necessary to conduct official business.(g) A board decision is not effective unless supported by the vote of a majority of the members present and voting.(h) The presiding officer may not vote on board actions and may not be counted in determining whether a quorum is present.", "sourceNote": "Source Note: The provisions of this §65.101 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172528", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "M", "label": "BOARD OF BOILER RULES" }, "rule": { "number": "§65.102", "label": "Board of Boiler Rules--Removal of Board Members; Vacancy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172529", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may remove a board member for inefficiency or neglect of official duty.(b) A board member's office becomes vacant on the resignation, death, suspension, or incapacity of the member. The presiding officer of the commission shall appoint, in the same manner as the original appointment, a person to serve for the remainder of the unexpired term.", "sourceNote": "Source Note: The provisions of this §65.102 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172529", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "M", "label": "BOARD OF BOILER RULES" }, "rule": { "number": "§65.103", "label": "Board of Boiler Rules--Reimbursement of Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222245", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A board member may not receive a salary, but is entitled to reimbursement for actual expenses incurred in performing board duties subject to the General Appropriations Act.(b) Expenses reimbursed to board members shall be limited to authorized expenses incurred while on board business and traveling to and from board meetings. The least expensive method of travel should be used.(c) Expenses paid to board members shall be limited to those allowed by the State of Texas Travel Allowance Guide and the department's policies governing travel allowances for employees.", "sourceNote": "Source Note: The provisions of this §65.103 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222245", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.200", "label": "New Boiler Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172532", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No boiler, except reinstalled boilers and those exempted by Texas Health and Safety Code, §755.022, may be operated in this state unless:(1) it has been constructed, installed, inspected, and stamped in conformity with the applicable section of the ASME Code;(2) it is registered with the National Board of Boiler and Pressure Vessel Inspectors except cast iron or cast-aluminum sectional boilers; and(3) it is installed, approved, registered, and inspected in accordance with the requirements of this chapter.(b) A boiler having the standard stamping of another state that has adopted a standard of construction equivalent to the standard of the State of Texas, or a special-designed boiler, may be approved by the department. Any person desiring to install such a boiler must file a written request for approval to install and for a special inspection.(c) New boilers and reinstalled boilers must be installed in accordance with the requirements of the latest revision of the applicable section of the manufacturer's recommendations, the ASME Code, the Act, and this chapter. These boilers must be inspected before test-firing or operation in accordance with §65.13 and all applicable rules.(d) Upon issuance of a certificate of operation for a boiler:(1) the obligation to comply with the Act and this chapter, including the requirement for periodic inspections, is required to continue operation; and(2) the continued operation of the boiler is presumed unless the owner or operator establishes to the satisfaction of the department, based on the owner or operators' records or other evidence reasonably acceptable to the department, that the boiler was not in operation after the expiration of the certificate of operation for that boiler.", "sourceNote": "Source Note: The provisions of this §65.200 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172532", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.201", "label": "Secondhand Boiler Installations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172533", "queryAsDate": "03/11/2026" }, "ruleBody": "Secondhand boilers shall meet all the requirements for new installations, including code construction and stamping requirements.", "sourceNote": "Source Note: The provisions of this §65.201 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172533", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.202", "label": "Maximum Allowable Working Pressure (MAWP)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The MAWP for standard boilers shall be determined in accordance with the ASME code under which they were constructed and stamped.(b) In no case shall the MAWP of an existing nonstandard boiler be increased to a greater pressure than would be allowed for a new boiler of the same construction.(c) The MAWP on the shell of an existing riveted heating boiler shall be determined in accordance with the National Board Inspection Code.", "sourceNote": "Source Note: The provisions of this §65.202 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176260", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.203", "label": "Maximum In-Service Time for Nonstandard Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172535", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A nonstandard boiler construction, installed prior to 1937, shall have a maximum in-service time of thirty (30) years, unless the following are accepted:(1) an internal and external annual inspection; and(2) an annual liquid pressure test of one and one-quarter times the MAWP held for a period of at least thirty (30) minutes, during which no distress or leakage develops. At no time, while applying the liquid pressure test, shall the pressure exceed one and one-quarter times the MAWP by more than 6%.(b) Any nonstandard boiler having lap-riveted longitudinal joints and operating at a pressure in excess of 50 psig (345 kilopascals) shall have a maximum in service of twenty (20) years; this type of boiler, when removed from the existing setting, shall not be reinstalled for a pressure in excess of 15 psig (103 kilopascals).(c) Any boiler having other than a lap-riveted longitudinal joint may be continued in operation without reduction in the MAWP.", "sourceNote": "Source Note: The provisions of this §65.203 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172535", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.204", "label": "Boiler Reinstallations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172536", "queryAsDate": "03/11/2026" }, "ruleBody": "When a boiler is moved and reinstalled, all fittings and appurtenances must comply with this chapter.", "sourceNote": "Source Note: The provisions of this §65.204 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172536", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.205", "label": "Required Boiler Personnel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222246", "queryAsDate": "03/11/2026" }, "ruleBody": "A boiler shall be operated and maintained in accordance with the boiler manufacturer's recommended guidelines by a competent attendant, regardless of whether or not it is equipped with automatic feed water regulator, fuel and damper regulator, high-and-low-water alarm, or any other form of automatic control.", "sourceNote": "Source Note: The provisions of this §65.205 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222246", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.206", "label": "Boiler Room" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172538", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each boiler room containing one or more boilers from which carbon monoxide can be produced must be equipped with a carbon monoxide detector with a manual reset.(1) The carbon monoxide detector must have a display that indicates the current level of carbon monoxide in parts per million (ppm) present in the boiler room.(2) The carbon monoxide detector and boiler(s) must be interlocked to disable the burners when the measured level of CO rises above 50 ppm.(3) The owner or operator may choose to use a remote monitoring system. When the CO detector is remotely monitored:(A) it must be set to alarm personnel at the boiler location and at the remote location at a measured level of 50 ppm of CO;(B) the alarm at the boiler location must not be capable of being disabled until the measured level of CO falls below 50 ppm; and(C) the detector must be interlocked to disable the burners when the CO level in the boiler room reaches a measured level of 200 ppm.(4) The carbon monoxide detector must disable the burners upon loss of power to the detector.(5) The carbon monoxide detector must be calibrated in accordance with the manufacturer's recommendations or every eighteen months after installation of the detector, whichever is less. A record of calibration must be posted at or near the boiler, or be readily accessible to an inspector.(6) The requirements in this subsection apply to boiler rooms in which new installations or reinstallations of one or more boilers are completed on or after September 1, 2020.(b) The boiler room shall be free from accumulation of rubbish and materials that obstruct access to the boiler, its setting, or firing equipment.(c) The storage of flammable material or gasoline-powered equipment in the boiler room is prohibited.(d) The roof over boilers designed for indoor installations, shall be free from leaks and maintained in good condition.(e) Adequate drainage shall be provided.(f) All exit doors shall open outward.(g) It is recommended that the ASME Code, Section VI, Care and Operation of Heating Boilers, be used as a guide for proper and safe operating practices.(h) It is recommended that the ASME Code, Section VII, Care and Operation of Power Boilers, be used as a guide for proper and safe operating practices.", "sourceNote": "Source Note: The provisions of this §65.206 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective July 1, 2020, 45 TexReg 4330; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172538", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.207", "label": "Boiler Foundations and Levels" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172539", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All boilers shall be kept reasonably leveled and must be provided with a substantial foundation such as steel, concrete, brick, or stone.(b) The boiler mud rim or bottom of a vertical boiler setting shall not be less than 6 inches (152 mm) from the ground.(c) The locomotive-type boiler mud rim or wet bottom shall have the foundation of its setting not less than 12 inches (305 mm) from the floor or ground.(d) All boiler mud rims shall be accessible to the inspector.(e) Boilers that are not leveled or do not have substantial foundations shall be removed from service until these deficiencies are corrected.(f) Supports for boilers shall be masonry or structural steel of sufficient strength and rigidity to safely support the boiler.", "sourceNote": "Source Note: The provisions of this §65.207 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172539", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.208", "label": "Minimum Clearance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172540", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All boilers and appurtenances shall be located so that adequate space will be provided for the proper operation, inspection, maintenance, and repair of the boiler. Manufacturer's recommended clearances must be met.(b) A minimum of one foot (305 mm) shall be maintained between the bottom of scotch-type boilers and the foundation or floor.", "sourceNote": "Source Note: The provisions of this §65.208 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172540", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.209", "label": "Safety Appliances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176261", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No one shall remove (except temporarily for repair), fail to replace after removal, displace, damage, destroy, carry off, tamper with, or fail to use any safety appliance.(b) When the safety appliance has been removed for repair, it can only be replaced on a boiler if it is in proper working order.(1) The safety appliances shall not be set at a pressure in excess of the MAWP stated on the boiler.(2) The seal shall be replaced prior to returning the boiler to service.(c) If a boiler is dismantled or moved, prior to returning it to service, all safety appliances must conform to the installation requirements of the boiler law and rules.", "sourceNote": "Source Note: The provisions of this §65.209 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176261", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.210", "label": "Standards for Internal Boiler Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172542", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner or operator shall prepare a boiler for internal inspection.(b) Preparation of the boiler for internal inspection shall include:(1) all water being drawn off;(2) the boiler internal watersides thoroughly washed;(3) removal of loose scale as practicable; and(4) where boilers are equipped with removable internals, these internals need not be completely removed provided assurance exists that deterioration in regions rendered inaccessible by the internals is not occurring to an extent that might constitute a hazard, or to an extent beyond that found in more readily accessible parts of the vessel.(5) All manholes and handholes, washout plugs, and plugs shall be removed for complete inspection, as required by the inspector.(6) The furnace and combustion chambers shall be cooled and cleaned to provide safe access to the inspector.(7) Brickwork and refractory shall be removed as required by the inspector in order to determine the condition of the boiler, headers, furnace, supports, or other parts.(8) The pressure gage shall be removed for cleaning of the siphon and testing, if necessary.(9) All low-water cutoff devices shall be dismantled, cleaned, and prepared for inspection. Probe-type low water cutoff devices shall be removed from the boiler.(10) The cross-tees and plugs shall be removed to ensure complete clearance on the water and steam sides.(11) Before removing the manholes or handholes and entering any part of the boiler connected to a common header with other boilers, any leakage of steam or hot water shall be eliminated.(A) The nonreturn and stop valves shall be closed, locked out and tagged out and drain valves between the two valves opened.(B) The feedwater valves must be closed, locked out and tagged out.(C) After draining the boiler, the blowdown valves shall be closed, locked out and tagged out.(D) Blowdown lines, where practicable, shall be disconnected between pressure parts and valves.(E) All vent and drain lines shall be opened.(12) Gaskets on manholes and handholes of pressure-retaining items, with exception of access and inspection doors of furnace and convection pass, shall be replaced with new gaskets upon reinstallation.(A) Re-use of gaskets is prohibited.(B) Gaskets shall be installed in accordance with the manufacturer's recommendations.(C) The use of sealing compounds is prohibited on manhole and handhole gaskets on water/steam pressure parts.(c) If the boiler is jacketed so that the seams of shells, drums, or domes cannot be seen, enough of the jacketing, setting wall, or other form of casing or housing shall be removed to permit inspection to determine the safety of the boiler, provided such information cannot be determined by other means.", "sourceNote": "Source Note: The provisions of this §65.210 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172542", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.211", "label": "Preparation of Nonstandard Boilers for Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172543", "queryAsDate": "03/11/2026" }, "ruleBody": "Nonstandard boilers shall be prepared for inspection as described in §65.210, with the following additional requirements.(1) External lagging and insulation shall be removed and ultrasonic thickness measurements shall be performed for the first inspection and at five-year intervals for subsequent inspections; and(2) Any other inspections or examinations as required by the department shall be performed to determine the condition of the boiler.", "sourceNote": "Source Note: The provisions of this §65.211 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172543", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.212", "label": "Boiler ASME Code Restamping and Nameplate Replacement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172544", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Restamping or nameplate replacement shall be in accordance with the National Board Inspection Code and this chapter.(b) Requests shall be in writing on a NB-136 form and provide detailed description and stamping information that verifies traceability to the Manufacturer's Data Report.(c) Prior to any nameplate replacement or restamping of a boiler, the owner or operator must receive written authorization from the department.", "sourceNote": "Source Note: The provisions of this §65.212 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172544", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.213", "label": "Hot Water Heating System Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199945", "queryAsDate": "03/11/2026" }, "ruleBody": "Potable water heaters (HLW stamped boilers), shall not be incorporated into a hot water heating system as a hot water heating boiler.", "sourceNote": "Source Note: The provisions of this §65.213 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199945", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.214", "label": "Modular Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172546", "queryAsDate": "03/11/2026" }, "ruleBody": "All modular heating boilers that meet all of the requirements of ASME Code, Section IV, shall be registered with a single Texas boiler number.", "sourceNote": "Source Note: The provisions of this §65.214 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective July 1, 2020, 45 TexReg 4330." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172546", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.215", "label": "Multiple Pressure Steam Generators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172547", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A multiple pressure steam generator that meets the requirements of PG-106.12 shall be registered with a single Texas boiler number.(b) All previously registered multiple pressure steam generators with multiple Texas boiler numbers shall remain as they were originally registered and a separate inspection report will be completed for each boiler number.", "sourceNote": "Source Note: The provisions of this §65.215 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172547", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.216", "label": "Stacked Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222247", "queryAsDate": "03/11/2026" }, "ruleBody": "The owner or operator of boilers designed to be stacked, must submit for approval to the department the manufacturer's stacking rack design or fabrication requirements before operating the boiler.", "sourceNote": "Source Note: The provisions of this §65.216 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222247", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "N", "label": "RESPONSIBILITIES OF THE OWNER AND OPERATOR" }, "rule": { "number": "§65.217", "label": "Variance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requests to waive or modify a rule or code requirement must be submitted on a department-approved variance application form. A separate variance application form shall be submitted for each boiler for which a variance is sought.(b) In evaluating a request for variance, the department must consider whether the variance would be in the public interest, and may consider factors such as the effect of the proposed variance on the public, the burden that compliance imposes on the owner or operator, and whether the owner or operator has in place a maintenance plan that promotes boiler safety.(c) Variance applications shall be submitted by the owner/operator of the boiler, and shall be accompanied by the applicable fee and any supporting documentation such as boiler design plans, photos and code references.(d) A denial of a variance application may be appealed to the director of compliance, or designee, in writing within thirty (30) calendar days from issuance, upon payment of the applicable appeal fee. Supporting documentation such as boiler design plans, photos and code references not previously reviewed may be submitted for consideration.(e) A denial of a variance appeal from the director of compliance may be appealed to the executive director of the department, or designee, in writing within thirty (30) calendar days of notification of the director of compliance's decision. Supporting documentation such as boiler design plans, photos and code references not previously reviewed may be submitted for consideration.(f) When a variance or variance appeal determination has been made, the owner or operator making the submission shall be advised in writing of the determination.(g) A denial of a variance appeal from the executive director of the department, or designee, must be submitted in writing within thirty (30) calendar days from receipt of the appeal.(h) An approved variance must be posted next to the certificate of operation of the boiler for which it is issued, in accordance with §65.12.", "sourceNote": "Source Note: The provisions of this §65.217 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222248", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "O", "label": "FEES" }, "rule": { "number": "§65.300", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172550", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certificate of operation. The owner or operator must make payment for the following fees:(1) Initial certificate of operation--$70.(2) Subsequent certificate of operation--$70. Any amounts due or past due for any invoices associated with the boiler must also be paid.(3) Duplicate certificate of operation--$25(b) Inspections. The owner or operator shall make payment for the following fees:(1) Heating boilers.(A) With an inspection opening--$70(B) Without an inspection opening--$40(2) Other than heating boilers--$70(c) Special inspections or non-standard boiler reviews. The owner or operator shall make a $1,700 fee payment, which must be received by the department before the department may schedule the requested special inspection or non-standard boiler review.(d) Commission Fees. The Authorized Inspector seeking or holding the commission must make payment for the following fees:(1) New commission--$50(2) Reinstatement of commission--$50(3) Renewal of commission--$50(4) Duplicate commission card--$25(5) Late renewal fees for commissions issued under this chapter are provided under §60.83.(e) Authorized Inspection Agency Letter of Recognition. The Authorized Inspection Agency must pay the following fees:(1) Initial application--$100(2) Renewal application--$100(f) Variances. The owner or operator shall make a $50 fee payment.(g) Extensions. The owner or operator shall make a $100 fee payment.(h) Re-Stamping. The owner or operator shall make a $50 fee payment.(i) Boiler Installation Report Filing. The owner or operator must make a $25 fee payment. The boiler installer, if a different person than the owner or operator, is not responsible for the boiler installation report filing fee unless otherwise agreed.(j) Temporary Boiler Operating Permit Fee. The owner or operator must make a $50 fee payment.(k) Late Inspection Fee--A late inspection fee will be assessed as follows to the owner or operator and the Authorized Inspection Agency, as applicable, for inspections conducted after the expiration of the current certificate of operation.(1) $25 per day for each day after the expiration date of the certificate of operation until the 30th day after expiration of the certificate of operation;(2) $50 per day for days 31 to 60 after expiration of the certificate of operation; and(3) $100 per day for day 61 after expiration of the certificate of operation and for each day of noncompliance thereafter.", "sourceNote": "Source Note: The provisions of this §65.300 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective July 1, 2020, 45 TexReg 4330; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172550", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "P", "label": "ADMINISTRATIVE PENALTIES AND SANCTIONS" }, "rule": { "number": "§65.400", "label": "Administrative Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222249", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates any provision of Texas Health and Safety Code, Chapter 755, or a rule, or order of the executive director or commission relating to Texas Health and Safety Code, Chapter 755, will be subject to administrative penalties, administrative sanctions, or both under Texas Health and Safety Code, Chapter 755, Texas Occupations Code, Chapter 51, 16 TAC Chapter 65, and applicable agency rules.", "sourceNote": "Source Note: The provisions of this §65.400 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222249", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "P", "label": "ADMINISTRATIVE PENALTIES AND SANCTIONS" }, "rule": { "number": "§65.401", "label": "Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172552", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a boiler has not been properly prepared for an internal inspection or a liquid pressure test as required by the Act and this chapter, the inspector may decline to make the inspection or witness the test.(1) The certificate of operation will be withheld until the owner or operator complies with all requirements.(2) A late inspection fee in accordance with §65.300 must be paid if the boiler is not inspected before the expiration date of the certificate of operation.(b) Suspension or revocation of a commission.(1) An inspector's commission may be suspended or revoked by the department for incompetence, untrustworthiness, or falsification of an application or in an inspection report or other requirement under this chapter.(2) An inspector whose commission is revoked must wait at least one year after the revocation date to reapply.", "sourceNote": "Source Note: The provisions of this §65.401 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172552", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "P", "label": "ADMINISTRATIVE PENALTIES AND SANCTIONS" }, "rule": { "number": "§65.402", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172553", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and Texas Health and Safety Code, Chapter 755, and any associated rules, may be used to enforce Texas Health and Safety Code, Chapter 755 and this chapter.", "sourceNote": "Source Note: The provisions of this §65.402 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172553", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "Q", "label": "METRICATION" }, "rule": { "number": "§65.500", "label": "Metrication Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222250", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following provides policy guidelines for the use of US customary units and metric (SI) units. Throughout this chapter, metric (SI) units are identified and placed in parentheses after the US customary units in the text and any associated exhibits.(b) There are two rationales when converting between US customary units and metric (SI) units:(1) Soft conversions--A soft conversion is an exact conversion.(A) Example: 200,000 Btu/hr = 58.56208 kW(B) Example: 120 gallons = 454.24944 liters(2) Hard conversions--A hard conversion is simply performing a soft conversion and then rounding off within the intended specific range.(A) Example: 200,000 Btu/hr = 58.6 kW(B) Example: 120 gallons = 454 liters(c) Repairs and alterations, when performed, shall be to the specified units used in the original code of construction. If the original units are US customary units, then the repair or alteration shall be to US customary units, and if the original units are metric (SI) units, then the repair or alteration shall be to the metric (SI) units. The selected units shall be used consistently throughout each repair or alteration and all aspects of the work required (i.e. materials, design, procedures, testing, documentation and stamping).(d) The following procedure shall be used when converting between US customary units and metric (SI) units.(1) All conversions will be done using a soft conversion;(2) Soft conversions will be reviewed for accuracy;(3) Depending upon a specified value in this chapter, an appropriate degree of precision shall be identified; and(4) Rounding up or down may apply to each conversion to determine the degree of precision needed for each application.", "sourceNote": "Source Note: The provisions of this §65.500 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222250", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "R", "label": "BASIC TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.550", "label": "Conditions Not Covered by Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any owner or operator of boilers or any deputy inspector, Authorized Inspector, or interested party, may submit in writing an inquiry to the department for an opinion or clarification.(b) All conditions not specifically covered by these requirements must be treated as new installations or be referred to the chief inspector for instruction.", "sourceNote": "Source Note: The provisions of this §65.550 adopted to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222251", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "R", "label": "BASIC TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.551", "label": "General Safety" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner or operator must place a boiler and its related equipment in a safe condition for access and inspection. A boiler inspector is not required to perform an inspection if:(1) A boiler, its related equipment, or the facility is not in compliance with applicable minimum federal, state, or local safety standards; or(2) Unsafe conditions, including obstructed entry or exit, unsafe flooring or walking surfaces, inadequate space for conducting the inspection, inadequate lighting, or other unsafe conditions, hazards, or safety risks are present.(b) A determination by an inspector that an inspection cannot be conducted safely is final.(c) A boiler that is deemed unsafe for operation by the inspector will be removed from service or placed in a safe condition in the following manner:(1) The inspector must notify the owner or operator about:(A) the prohibition against operating an unsafe boiler;(B) insurance policy provisions, if any, that may exclude insurance coverage for operating an unsafe boiler;(C) possible administrative penalties for operating an unsafe boiler; and(D) the department's authority to follow a request for the immediate but voluntary shut-down of the boiler with formal action to prohibit continued operation of the boiler.(2) If the owner or operator refuses to immediately shut the boiler down upon the request of the inspector, before leaving the premise on which the unsafe boiler is located the inspector must notify the chief inspector about the condition of the unsafe boiler.(d) Upon receipt of the notice required by paragraph (c)(2), the chief inspector must assign a deputy inspector to confirm that an unsafe condition exists and, if confirmed, to declare the boiler unsafe for operation by placing a red tag on the boiler prohibiting continued operation of the boiler.(e) The continued operation of an unsafe boiler subjects the owner or operator to administrative penalties as provided for in this chapter.", "sourceNote": "Source Note: The provisions of this §65.551 adopted to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222252", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "R", "label": "BASIC TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.552", "label": "Chimneys and Vents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222253", "queryAsDate": "03/11/2026" }, "ruleBody": "All chimneys and vents must be installed in accordance with boiler manufacturer recommendations and chimney/vent manufacturer recommendations.", "sourceNote": "Source Note: The provisions of this §65.552 adopted to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222253", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "R", "label": "BASIC TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.555", "label": "Boiler Blowdown" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Blowdown water from power boilers must pass through an approved blowdown separator or blowdown tank when entering a sanitary sewer.(b) The temperature of the blowdown water leaving the blowdown separator or blowdown tank must not exceed 140 degrees Fahrenheit.(c) The pressure of the blowdown water leaving a blowdown separator or blowdown tank must not exceed 5 PSIG.(d) All blowdown piping and fittings must meet requirements set forth in ASME Piping Code B31.1, Power Piping.(e) A blowdown separator must be fitted with threaded or flanged openings to facilitate inspection. A blowdown tank must be fitted with a manway for cleaning and inspection.(f) The vent and drain of the blowdown separator or blowdown tank must be piped to a safe point of discharge.(g) A blowdown separator or blowdown tank, when required by this chapter, must:(1) be constructed in accordance with ASME Boiler and Pressure Vessel Code, Section VIII Division 1;(2) have a minimum design pressure equal to the recommended pressure of the boiler manufacturer for the boiler to which the tank or separator is connected; and(3) be registered with the National Board of Boiler and Pressure Vessel Inspectors.(h) Installation or modification of equipment to achieve compliance with this section is required to be completed no later than June 1, 2025.", "sourceNote": "Source Note: The provisions of this §65.555 adopted to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222254", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "R", "label": "BASIC TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.556", "label": "Boiler Room Ventilation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each boiler room containing one or more boilers from which carbon monoxide can be produced must have an adequate and uninterrupted air supply to assure proper combustion and ventilation.(b) The combustion and ventilation air may be supplied by either an unobstructed opening or by power ventilators or fans as provided below.(1) For a single unobstructed opening, the opening must be sized on the basis of one square inch (645 square millimeters) of free area for each 2,000 Btu/hour (.586 kilowatts) input of the combined burners located in the boiler room.(2) For two unobstructed openings, one commencing not more than 12 inches (304.8 millimeters) from the ceiling of the room and one commencing not more than 12 inches (304.8 millimeters) from the floor of the room, the opening must be sized on the basis of one square inch (645 square millimeters) of free area for each 3,000 Btu/hour (.879 kilowatts) input per opening of the combined burners located in the boiler room.(3) The power ventilator or fans must be sized on the basis of 0.2 cfm. (5.6 liters per minute) for each 1,000 Btu/hour (.29 kilowatts) fuel input for the combined burners located in the boiler room. The boiler and the fans must be interlocked to disable the burners unless a supply of combustion, ventilation, and dilution air in accordance with the boiler manufacturer's recommendations is maintained.(4) Power ventilators or fans designed to maintain pressure in the boiler room must be sized on the basis of 0.2 cfm. (5.6 liters per minute) for each 1,000 Btu/hour (.29 kilowatts) fuel input for the combined burners located in the boiler room. The boiler and the fan control must be interlocked to disable the burners unless a supply of combustion, ventilation and dilution air in accordance with the boiler manufacturer's recommendations is maintained.(c) Boilers of a sealed combustion design by the manufacturer.(1) When a boiler(s) in the boiler room is of a sealed combustion design by the manufacturer of the boiler and pulls air for combustion from outside of the building, ventilation of the boiler room is not required.(2) When the boiler room is configured to include both designs, i.e. a boiler(s) of a sealed combustion design by the manufacturer of the boiler that pulls air for combustion from outside of the building and a boiler(s) that is not of a sealed combustion design by the manufacturer of the boiler, the boiler room must meet the ventilation requirements in subsection (b) only for the boiler(s) that are not of the sealed combustion design that pull air from outside of the building.", "sourceNote": "Source Note: The provisions of this §65.556 adopted to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222255", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "R", "label": "BASIC TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.559", "label": "Location of Discharge Outlets" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222256", "queryAsDate": "03/11/2026" }, "ruleBody": "Pressure relief valve, blowdown pipes, and other outlets must be discharged to a safe point.", "sourceNote": "Source Note: The provisions of this §65.559 adopted to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222256", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "R", "label": "BASIC TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.560", "label": "Boiler and Combustion Systems Hazards Code" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222268", "queryAsDate": "03/11/2026" }, "ruleBody": "National Fire Protection Association (NFPA) Code Book 85 must be followed for the following types of boilers.(1) Single burner boilers, multiple burner boilers, stokers and atmospheric fluidized bed boilers with a fuel input of 3.7 MW (12.5 million Btu/hr) or greater.(2) Pulverized fuel systems at any heat input rate.(3) Fired or unfired steam generators used to recover heat from combustion turbines and other combustion turbine exhaust systems at any heat input.", "sourceNote": "Source Note: The provisions of this §65.560 adopted to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222268", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.605", "label": "Electric Steam Boilers--Generators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222269", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A cable at least as large as one of the incoming power lines to the generator shall be provided for grounding the generator shell. This cable shall be permanently fastened on some part of the generator and shall be grounded in an approved manner.(b) A suitable screen or guard shall be provided around high-voltage bushings, and a sign posted warning of high voltage. This screen or guard shall be so located that it prevents accidental contact with the high voltage circuit.(c) In electric boilers of the submerged-electrode type, the water gage glass shall be located to indicate the water levels both at start-up and under maximum load conditions as established by the manufacturer.(d) Electric boilers of the resistance-element type shall have at least one gage glass. The lowest visible water level in the gage glass shall be at least 1 inch (25 mm) above the lowest permissible water level as determined by the manufacturer. Each boiler of this type shall be equipped with an automatic low-water cutoff to cut off the power supply before the surface of the water falls below the visible level in the gage glass.(e) Tubular gage glasses on electric boilers shall be equipped with protective rods or shields.(f) The minimum relieving capacity for pressure relief valves on electric boilers shall be 3 1/2 pounds (24 kilopascals) of steam per hour per kilowatt input.(g) All electric boilers shall be internally examined through the electric heating element, removable cover, inspection opening or handhole as construction allows.", "sourceNote": "Source Note: The provisions of this §65.605 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222269", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.606", "label": "Atmospheric Vents, Gas Vents, Bleed or Relief Lines for Power Boilers, Unfired Steam Boilers and Process Steam Generators with Supplemental Firing (extensions only)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222258", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Gas pressure regulators not incorporating integral vent limiters, and all other gas train components requiring atmospheric air pressure to balance a diaphragm or other similar device, shall be provided with a connection for a vent line.(1) The vent lines in subsection (a) shall be:(A) sized in accordance with the component manufacturer's instructions; and(B) at least the same size as the vent outlet of the device.(2) Where there is more than one gas pressure regulator at a location, each gas pressure regulator shall have a separate vent. The vent lines may be manifolded in accordance with accepted engineering practices to minimize back pressure in the event of a diaphragm failure (see subsections (c) and (d)).(3) A gas pressure regulator shall not be vented into the boiler flue or exhaust system.(b) Gas pressure relief valves may discharge into common manifolding only with other gas vent, bleed, or relief lines. When manifolded, the common vent line shall have a cross-sectional area not less than the area of the largest vent line plus 50% of the areas of the additional vent lines.(c) Atmospheric vent lines, when manifolded, shall be connected into a common atmospheric vent line, having a cross-sectional area not less than the area of the largest vent line, plus 50% of the areas of the additional vent lines.(d) Atmospheric vent lines shall not be connected to any common or manifolded gas vent, bleed, or relief lines.(e) All vent and relief lines shall be:(1) piped to the outdoors at a safe point of discharge, so there is no possibility of discharged gas being drawn into the air intake, ventilating system, or openings of any structure or piece of equipment;(2) shall extend sufficiently above any structure, so that gaseous discharge does not present a fire hazard; and(3) a means shall be provided at the terminating point to prevent blockage of the line by foreign material, moisture, or insects.", "sourceNote": "Source Note: The provisions of this §65.606 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222258", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.607", "label": "Power Boilers, Excluding Unfired Steam Boilers and Process Steam Generators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222259", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Safety valves and pressure relief valves.(1) The use of weighted-lever safety valves, or safety valves having either the seat or disk of cast iron, is prohibited.(2) Each boiler shall have at least one safety valve and, if it has more than 500 square feet (47 square meters) of bare tube water heating surface or has electric power input more than 1,100 kilowatts, it shall have two or more safety valves. These valves shall be \"V\" stamped per ASME Code.(3) Safety valves or pressure relief valves shall be connected so as to stand in the upright position, with spindle vertical. The opening or connection between the boiler and the safety valve or pressure relief valve shall have at least the area of the valve inlet.(4) The valve or valves shall be connected to the boiler, independent of any other steam connection, and attached as close as practicable to the boiler without unnecessary intervening pipe or fittings.(5) Except for changeover valves as defined in §65.2(17), other valve(s) must not be placed:(A) between the required safety valve or pressure relief valve or valves and the boiler; or(B) in the discharge pipe between the safety valve or pressure relief valve or valves and the atmosphere.(6) When a discharge pipe is used, it shall be:(A) at least full size of the safety valve discharge; and(B) fitted with an open drain to prevent water lodging in the upper part of the safety valve or discharge pipe.(7) When an elbow is placed on a safety valve discharge pipe:(A) it shall be located close to the safety valve outlet; and(B) the discharge pipe shall be securely anchored and supported.(8) In the event multiple safety valves discharge into a common pipe, the discharge pipe shall be sized in accordance with ASME Code, Section I, PG-71.(9) All safety valve or pressure relief valve discharges shall be located or piped to a safe point of discharge, clear from walkways or platforms.(10) If a muffler is used on a pressure relief valve, it must have sufficient area to prevent back pressure from interfering with the proper operation and discharge capacity of the valve. Mufflers must not be used on high-temperature water boilers.(11) The safety valve capacity of each boiler must allow the safety valve or valves to discharge all the steam that can be generated by the boiler without allowing the pressure to rise more than 6.0% above the highest pressure to which any valve is set, and to no more than 6.0% above the MAWP. For forced-flow steam generators with no fixed steam and waterline, power-actuated relieving valves may be used in accordance with ASME Code, Section I, PG-67.(12) One or more safety valves on every drum type boiler shall be set at or below the MAWP. The remaining valve(s) may be set within a range of 3.0% above the MAWP, but the range of setting of all the drum mounted pressure relief valves on a boiler shall not exceed 10% of the highest pressure to which any valve is set.(13) When two or more boilers, operating at different pressures and safety valve settings, are interconnected, the lower pressure boilers or interconnected piping shall be equipped with safety valves of sufficient capacity to prevent overpressure, considering the maximum generating capacity of all boilers.(14) In those cases where the boiler is supplied with feedwater directly from water mains without the use of feeding apparatus (not to include return traps), no safety valve shall be set at a pressure higher than 94% of the lowest pressure obtained in the supply main feeding the boilers.(b) Feedwater supply.(1) Each boiler shall have a feedwater supply, which will permit it to be fed at any time while under pressure, except for automatically fired miniature boilers that meet all of the following criteria:(A) the boiler is \"M\" stamped per ASME Code, Section I;(B) the boiler is designed to be fed manually;(C) the boiler is provided with a means to prevent cold water from entering into a hot boiler; and(D) the boiler is equipped with a warning sign visible to the operator not to introduce cold feedwater into a hot boiler.(2) A boiler having more than 500 square feet (47 square meters) of water heating surface, shall have at least two means of feeding, one of which should be a pump, injector, or inspirator. A source of feed directly from water mains at a pressure of at least 6.0% greater than the set pressure of the safety valve with the highest setting may be considered as one of the means of feeding. Boilers fired by gaseous, liquid, or solid fuel in suspension may be equipped with a single means of feeding water, provided means are furnished for the immediate shutoff of heat input if the feedwater is interrupted.(3) Feedwater shall not be discharged close to riveted joints of shell or furnace sheets or directly against surfaces exposed to products of combustion or to direct radiation from the fire.(4) Feedwater piping to the boiler shall be provided with a check valve near the boiler and a stop valve or cock between the check valve and the boiler. When two or more boilers are fed from a common source, there shall also be a stop valve on the branch to each boiler between the check valve and the source of supply. Whenever a globe valve is used on the feedwater piping, the inlet shall be under the disk of the valve.(5) In all cases where returns are fed back to the boiler by gravity, there shall be a check valve and stop valve in each return line, the stop valve to be placed between boiler and the check valve, and both shall be located as close to the boiler as is practicable. Best practice is that no stop valve be placed in the supply and return pipe connections of a single boiler installation.(6) Where deaerating heaters are not used, best practice is that the temperature of the feedwater be not less than 120 degrees Fahrenheit (49 degrees Celsius), to avoid the possibility of setting up localized stress. Where deaerating heaters are used, best practice is for the minimum feedwater temperature be not less than 215 degrees Fahrenheit (102 degrees Celsius), so that dissolved gases may be thoroughly released.(c) Water level indicators.(1) Each boiler, except forced-flow steam generators with no fixed steam and waterline, and high-temperature water boilers of the forced circulation type that have no steam and waterline shall have at least one water gage glass.(2) Except for electric boilers of the electrode type, boilers with a MAWP over 400 psig (three (3) megapascals) shall be provided with two water gage glasses, which may be connected to a single water column or connected directly to the drum.(3) Two independent remote level indicators may be provided instead of one of the two required gage glasses for boiler drum water level indication, when the MAWP is above 400 psig (three (3) megapascals). When both remote level indicators are in reliable operation, the remaining gage glass may be shut off, but shall be maintained in serviceable condition.(4) In all installations where direct visual observations of the water gage glass(es) cannot be made, two remote level indicators shall be provided at operational level.(5) The gage glass cock connections shall not be less than 1/2 inch nominal pipe size (15 mm).(6) No outlet connections, except for damper regulator, feedwater regulator, drains, steam gages, or apparatus of such form as does not permit the escape of an appreciable amount of steam or water there from, shall be placed in the pipes connecting a water column or gage glass to a boiler.(7) The water column shall be fitted with a drain cock or drain valve of at least 3/4 inch nominal pipe size (20 mm). The water column blowdown pipe shall not be less than 3/4 inch nominal pipe size (20 mm), and shall be piped to a safe point of discharge.(8) Connections from the boiler to remote level indicators shall be at least 3/4 inch nominal pipe size (20 mm), to and including the isolation valve, and at least 1/2 inch (13 mm) OD tubing from the isolation valve to the remote level indicator. These connections shall be completely independent of other connections for any function other than water level indication.(d) Low-water fuel cutoff and water feeding devices.(1) All automatically fired steam boilers, except boilers having a constant attendant, who has no other duties while the boiler is in operation, must be equipped with approved low-water fuel cutoffs.(A) These devices shall be installed in such a manner that they cannot be rendered inoperative by the manipulation of any manual control or regulating apparatus.(B) In boilers with a fixed water line, the low-water fuel cutoff devices shall be tested regularly by lowering the water level sufficiently to shut off the fuel supply to the burner when the water level reaches the lowest safe level for operation. Boilers that do not have a fixed water line shall be equipped with a flow sensing device, thermal couple or expansion ring that is listed by a nationally recognized testing agency to prevent burner operation at a flow rate inadequate to protect the boiler unit against overheating.(C) The low-water cutoff shall be rated for a pressure and temperature equal to or greater than the MAWP and temperature of the boiler.(D) For high-temperature water boilers requiring forced flow circulation, an approved flow sensing device must be installed on the outlet, as close to the boiler as possible.(2) When a low-water fuel cutoff and feedwater pump control is combined in a single device, an additional separate low-water fuel cutoff shall be installed. The additional control shall be wired in series electrically with the existing low-water fuel cutoff.(3) When a low-water fuel cutoff is housed in either the water column or a separate chamber it shall be provided with a blowdown pipe and valve not less than 3/4 inch nominal pipe size (20 mm). The arrangement shall be such that when the water column is blown down, the water level in it will be lowered sufficiently to activate the lower-water fuel cutoff device.(4) If a water feed device is utilized, it shall be constructed to prevent feedwater from entering the boiler through the water column or separate chamber of the low-water fuel cutoff.(e) Pressure gages.(1) Each boiler shall have a pressure gage that is readable.(A) The dial of the pressure gage shall be graduated to approximately double the pressure at which the safety valve is set, but in no case, less than one and one-half times this pressure.(B) The pressure gage shall be connected to the steam space, to the water column, or its steam connection.(C) A valve or cock shall be placed in the gage connection adjacent to the gage.(D) An additional valve or cock may be located near the boiler providing it is locked or sealed in the open position.(E) No other shutoff valves shall be located between the gage and the boiler.(F) The pipe connection shall be of ample size and arranged so that it may be cleared by blowing down.(G) For a steam boiler, the gage or connection shall contain a siphon or equivalent device which will develop and maintain a water seal that will prevent steam from entering the gage tube.(2) Each boiler shall have a valved connection at least 1/4 inch nominal pipe size (6 mm) connected to the steam space for the exclusive purpose of attaching a test gage when the boiler is in service to test the accuracy of the pressure gage.(f) Stop valves.(1) Each steam outlet from a boiler (except safety valve connections) shall be fitted with a stop valve located as close as practicable to the boiler.(2) When a stop valve is located that allows water to accumulate, ample drains shall be provided. The drain shall be piped to a safe location and shall not be discharged on the boiler or its setting.(3) When boilers provided with manholes or other similar opening that permits access for human occupancy and that are connected to a common steam main, the steam connection from each boiler shall be fitted with two stop valves, with an ample drain between them. The discharge of the drain shall be visible to the operator while manipulating the valves and shall be piped clear of the boiler setting. Best practice is for the first valve to be an automatic nonreturn valve (set next to the boiler), and a second valve of the outside-screw-and-yoke type.(g) Blowdown connection.(1) The construction of the setting around each blowdown pipe shall permit free expansion and contraction. These setting openings must be sealed without restricting the movement of the blowdown piping.(2) All blowdown piping, when exposed to furnace heat, shall be protected by firebrick or other heat-resisting material, and constructed to allow the piping to be inspected.(3) Each boiler shall have a blowdown pipe, fitted with a valve or cock, in direct connection with the lowest water space. The piping shall be run full size without the use of a reducer or bushings and shall not be galvanized. Cocks shall be of gland or guard type and suitable for the pressure allowed. The use of globe valves shall be in accordance with ASME code.(4) When the MAWP exceeds 100 psig (700 kilopascals), the piping shall be at least schedule 80 steel and shall not be galvanized. Each blowdown pipe shall be provided with two valves or a valve and cock, such valves and cocks shall be adequate for design conditions of the boiler.(5) All fittings between the boiler and blowdown valve shall be of steel or extra-heavy malleable iron. In case of renewal of blowdown pipe or fittings, they shall be installed in accordance with the requirements of the applicable section of the ASME code.(6) It is recommended that blowdown tanks be designed, constructed, and installed in accordance with National Board recommended rules for boiler blowoff equipment.(h) Boiler external piping. All boiler external piping, as referenced in the ASME code, shall be examined for compliance to the boiler's code of construction and shall be documented in the appropriate block on the inspection report.(i) Provisions for thermal expansion for high-temperature water boilers.(1) An airtight tank or other suitable air cushion that is consistent with the volume and capacity of the system shall be installed. Expansion tanks shall be constructed in accordance with the ASME Code, Section VIII, Division 1, and the pressure and temperature ratings of the tank shall be equal to or greater than the pressure and temperature ratings of the system pressure. A pressure relief valve shall be installed with a set pressure at or below the MAWP of the expansion tank. Alternately the boiler pressure relief valve may be used provided the expansion tank's MAWP is equal to or greater than the set pressure of the pressure relief valve.(2) Provisions shall be made for draining the tank without emptying the system, except for pre-pressurized tanks.(3) If the expansion tank was originally equipped with a sight glass, the sight glass and sight glass valves shall be in working condition at all times, and the water level shall be maintained as per the manufacturer's recommendations.", "sourceNote": "Source Note: The provisions of this §65.607 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective September 1, 2018, 43 TexReg 5361; amended to be effective July 1, 2020, 45 TexReg 4330; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222259", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.608", "label": "Unfired Steam Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unfired steam boilers referred to in §65.2 are shown in §65.615, Exhibits 2 and 3.(b) Unfired steam boilers shall be constructed in accordance with ASME Code, Section I, or ASME Code, Section VIII, Division 1, 2 or 3.(1) Unfired steam boilers constructed to ASME Code, Section VIII, Division 1, 2 or 3, shall meet jurisdictional limits established in §65.615, Exhibit 2.(2) Unfired steam boilers constructed to ASME Code, Section I, shall meet jurisdictional limits established in §65.615, Exhibit 3.(c) Safety valves and pressure relief valves.(1) The use of weighted-lever safety valves, or safety valves having either the seat or disk of cast iron, is prohibited.(2) Each ASME Code, Section VIII, Division 1, 2 or 3, unfired steam boiler shall:(A) have all pressure relief valves fabricated in accordance with ASME Code, Section VIII, Division 1 or Section I; and(B) have at least one pressure relief valve.(C) Isolation valves may be installed between the unfired steam boiler and the safety valve in accordance with §65.615, Exhibit 2.(D) Full-area stop valves may be installed on the inlet side of a safety valve in accordance with §65.615, Exhibit 2. A full-area stop valve may be installed on the discharge of the safety valve when connected to a common header. Stop valves shall be car sealed or locked in the open position.(E) One or more safety valves on every unfired steam boiler shall be set at or below the MAWP. The remaining valves, if any, shall be set within the range specified and have the capacity required by the applicable section of the ASME Code.(3) Each ASME Code, Section I, unfired steam boiler must have one safety valve and if it has more than 500 square feet (47 square meters) of bare tube water heating surface, it must have two or more safety valves.(A) The valve or valves shall be connected to the boiler, independent of any other steam connection, and attached as close as practicable to the boiler without unnecessary intervening pipe or fittings.(B) Valves, except a changeover valve as defined in §65.2(17), must not be placed between the required safety valve or pressure relief valve or valves and the boiler nor on the discharge pipe between the safety valve or pressure relief valve and the atmosphere.(C) The safety valve capacity of each unfired steam boiler must allow the safety valve or valves to discharge all the steam that can be generated by the boiler without allowing the pressure to rise more than 6.0% above the highest pressure to which any valve is set, and to no more than 6.0% above the MAWP.(4) When a discharge pipe open to the atmosphere is used, it shall be at least full size of the safety valve discharge and fitted with an open drain to prevent water lodging in the upper part of the safety valve or discharge piping. The drain or drains shall be piped to a safe point of discharge. When an elbow or fitting is installed on the discharge pipe it shall be located close to the safety valve outlet. The discharge pipe shall be securely anchored and supported. All safety valve discharges shall be located or piped to a safe point of discharge clear from walkways or platforms. If a muffler is used on a pressure relief valve, it shall have sufficient area to prevent back pressure from interfering with the proper operation and discharge capacity of the valve.(5) When two or more unfired steam boilers operating at different pressures and safety valve settings are interconnected, the lower pressure boilers or interconnected piping shall be equipped with safety valves of sufficient capacity to prevent overpressure, considering the maximum generating capacity of all boilers.(6) Safety valve and pressure relief valve mountings.(A) For ASME Code, Section I installations, pressure relief valves shall be connected so as to stand in the upright position, with spindle vertical. The opening or connection between the boiler and the pressure relief valve shall have at least the area of the valve inlet.(B) For ASME Code, Section VIII, Division 1 installations, pressure relief valves normally should be installed in the upright position, with spindle vertical. Where space or piping configurations preclude such an installation, the valve may be installed in other than the vertical position, provided that:(i) the valve design is satisfactory for such position;(ii) the media is such that material will not accumulate at the inlet of the valve; and(iii) drainage of the discharge side of the valve body and discharge piping is adequate.(d) Feedwater supply.(1) Each unfired steam boiler shall have a feedwater supply which will permit it to be fed at any time while under pressure.(2) Feedwater piping to the unfired steam boiler constructed to ASME Code, Section I, shall be provided with a check valve near the boiler and a stop valve or cock between the check valve and the boiler. When two or more boilers are fed from a common source there shall also be a stop valve on the branch to each boiler between the check valve and the source of supply. Whenever a globe valve is used on the feedwater piping, the inlet shall be under the disk of the valve.(3) Where deaerating heaters are not used, it is recommended that the temperature of the feedwater be not less than 120 degrees Fahrenheit (49 degrees Celsius), to avoid the possibility of setting up localized stress. Where deaerating heaters are used, it is recommended that the minimum feedwater temperature be not less than 215 degrees Fahrenheit (102 degrees Celsius), so that dissolved gases may be thoroughly released.(e) Water level indicators.(1) ASME Code, Section I, unfired steam boilers with a MAWP of 400 psig (three (3) megapascals) or less, shall have at least one gage glass. For a MAWP over 400 psig (three (3) megapascals), shall have two required gage glasses. When two gage glasses are required, one of the gage glasses may be replaced by two independent remote level indicators that are maintained in simultaneous operation while the boiler is in service.(2) Each steam drum of an ASME Code, Section VIII, Division 1 unfired steam boiler, irrespective of pressure and temperature, shall be provided with one direct reading water level indicator (water gage glass), or two independent remote level indicators, that are maintained in simultaneous operation while the boiler is in service.(3) In all installations where direct visual observations of the water gage glass(es) cannot be made, two remote level indicators shall be provided at operational level.(4) The gage glass cock connections shall not be less than 1/2 inch nominal pipe size (15 mm).(5) No outlet connections, except for feedwater regulators, drains, steam gages, or apparatus of such form as does not permit the escape of an appreciable amount of steam or water therefrom, shall be placed in the pipes connecting a water column or gage glass to a boiler.(6) The water column shall be fitted with a drain cock or drain valve of at least 3/4 inch nominal pipe size (20 mm). The water column blowdown pipe shall not be less than 3/4 inch nominal pipe size (20 mm) and shall be piped to a safe point of discharge.(7) Connections from the unfired steam boiler to remote level indicators shall be at least 3/4 inch nominal pipe size (20 mm), to and including the isolation valve, and at least 1/2 inch (13 mm) OD tubing from the isolation valve to the remote level indicator. These connections shall be completely independent of other connections for any function other than water level indication.(f) Low-water cutoffs, alarms and feed regulating devices.(1) The owner or operator is responsible for the design and installation of any low water protection devices as required to prevent damage to the unfired steam boiler. All installed low water cutoffs, alarms and feeding devices must be designed for pressure and temperature equal to or greater than the MAWP of the unfired steam boiler.(2) When a low-water cutoff, and/or alarm is housed in either the water column or a separate chamber, it shall be provided with a blowdown pipe and valve not less than 3/4 inch nominal pipe size (20 mm). The arrangement shall be such that when the water column is blown down, the water level in it will be lowered sufficiently to activate the low-water cutoff and/or alarm device.(3) Should an unfired steam boiler be installed in a system without a local and constant attendant, and it is not a fail-safe design, it shall be provided with a low-water cutoff as required for power boilers.(g) Pressure gages.(1) Each unfired steam boiler shall have a pressure gage that is readable. The dial of the pressure gage shall be graduated to approximately double the pressure at which the safety valve is set, but in no case, less than one and one-half times this pressure. The pressure gage shall be connected to the steam space, to the water column, or its steam connection. A valve or cock shall be placed in the gage connection adjacent to the gage. An additional valve or cock may be located near the boiler providing it is locked or sealed in the open position. No other shutoff valves shall be located between the gage and the boiler. The pipe connection shall be of ample size and arranged so that it may be cleared by blowing down. The gage or connection shall contain a siphon or equivalent device which will develop and maintain a water seal that will prevent steam from entering the gage tube.(2) Each unfired steam boiler, must have a valved connection at least 1/4 inch nominal pipe size (8 mm), connected to the steam space for the exclusive purpose of attaching a test gage when the boiler is in service to test the accuracy of the pressure gage.(h) Stop valves.(1) Each steam outlet from an ASME Code, Section I unfired steam boiler, shall be fitted with a stop valve located as close as practicable to the boiler.(2) When a stop valve is located such that it allows water to accumulate, ample drains shall be provided. The drain shall be piped to a safe location and shall not be discharged on the boiler or its setting.(3) When boilers that are provided with manholes or other similar openings that permit access for human occupancy are connected to a common steam main, the owner or operator shall ensure that the boiler to which entry is being made is completely isolated from the steam main. This may be accomplished with the use of two stop valves with an ample drain between them, with a full isolation blind or removal of piping such that the boiler is no longer connected to the steam main.", "sourceNote": "Source Note: The provisions of this §65.608 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective February 15, 2019, 44 TexReg 583; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222260", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.609", "label": "Process Steam Generators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222261", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Some process steam generators referred to in §65.2 are shown in §65.615, Exhibits 4 and 5.(b) The steam collection or liberation drums of a process steam generator shall be constructed in accordance with the American Society of Mechanical Engineers (ASME) Section VIII, Division 1, Division 2, or Division 3. As an alternate, the process steam generator may be constructed to ASME Code, Section I.(c) When the owner or operator elects to construct a process steam generator to ASME Code, Section I, the limits as shown in §65.615, Exhibits 4 and 5, are as defined in the rules of ASME Code, Section I.(d) Safety valves and pressure relief valves.(1) The use of weighted-lever safety valves or safety valves having either the seat or disk of cast iron is prohibited.(2) Each ASME Code, Section VIII, Division 1 or Division 2, steam collection or liberation drum of a process steam generator, must have at least one safety valve designed for steam service in accordance with applicable ASME Code of Construction. The valve body drain must be open and piped to a safe point of discharge.(A) The installation of full-area stop valves between the steam collection or liberation drum of a process steam generator and the safety valve is permitted as depicted in §65.615, Exhibits 4 and 5. A full-area stop valve may be installed on the discharge of the safety valve when connected to a common header. Stop valves must be car sealed or locked in the open position.(B) One or more safety valves on every steam collection or liberation drum of a process steam generator must be set at or below the MAWP. The remaining valves, if any, must be set within the range specified and have the capacity required by the applicable ASME Code.(3) Each ASME Code, Section I, process steam generator, must have one safety valve and if it has more than 500 square feet (47 square meters) of bare tube water heating surface, it must have two or more safety valves. ASME Code, Section I, safety valves must be applicably stamped.(A) The valve or valves shall be connected to the steam collection or liberation drum of the process steam generator, independent of any other steam connection, and attached as close as practicable to the steam collection or liberation drum without unnecessary intervening pipe or fittings.(B) No valves, except as defined in §65.2(17), of any description may be placed between the required safety valve or pressure relief valve or valves and the steam collection or liberation drum, nor on the discharge pipe between the safety valve or pressure relief valve and the atmosphere.(C) The safety valve capacity of each process steam generator, shall allow the safety valve or valves to discharge all the steam that can be generated by the process steam generator without allowing the pressure to rise more than 6.0% above the highest pressure to which any valve is set, and to no more than 6.0% above the MAWP.(4) When a discharge pipe open to the atmosphere is used, it shall be at least full size of the safety valve discharge and fitted with an open drain to prevent water lodging in the upper part of the safety valve or discharge piping. The drain or drains shall be piped to a safe point of discharge. When an elbow or fitting is installed on the discharge pipe it shall be located close to the safety valve outlet. The discharge pipe shall be securely anchored and supported. All safety valve discharges shall be located or piped to a safe point of discharge clear from walkways or platforms. If a muffler is used on a pressure relief valve, it shall have sufficient area to prevent back pressure from interfering with the proper operation and discharge capacity of the valve.(5) When two or more steam collection or liberation drums of process steam generators, operating at different pressures and safety valve settings are interconnected, the lower pressure process steam generator(s) or interconnected piping shall be equipped with safety valves of sufficient capacity to prevent overpressure, considering the maximum generating capacity of all of the process steam generators.(6) Safety valve and pressure relief valve mountings.(A) For ASME Code, Section I installations, safety valves or pressure relief valves shall be connected so as to stand in the upright position, with spindle vertical. The opening or connection between the boiler and the safety valve or pressure relief valve shall have at least the area of the valve inlet.(B) For ASME Code, Section VIII, Division 1 or Division 2 installations, safety valves or pressure relief valves normally should be installed in the upright position, with spindle vertical. Where space or piping configurations preclude such an installation, the valve may be installed in other than the vertical position, provided that:(i) the valve design is satisfactory for such position;(ii) the media is such that material will not accumulate at the inlet of the valve; and(iii) drainage of the discharge side of the valve body and discharge piping is adequate.(e) Feedwater supply.(1) Each steam collection or liberation drum of a process steam generator shall have a feedwater supply which will permit it to be fed at any time while under pressure.(2) Feedwater piping to a process steam generator constructed to ASME Code, Section I, shall be provided with a check valve near the process steam generator and a stop valve or cock between the check valve and the process steam generator. When two or more process steam generators are fed from a common source there shall also be a stop valve on the branch to each process steam generator between the check valve and the source of supply. Whenever a globe valve is used on the feedwater piping, the inlet shall be under the disk of the valve.(3) Where deaerating heaters are not used, best practice is that the temperature of the feedwater be not less than 120 degrees Fahrenheit (49 degrees Celsius), to avoid the possibility of setting up localized stress. Where deaerating heaters are used, best practice is that the minimum feedwater temperature be not less than 215 degrees Fahrenheit (102 degrees Celsius), so that dissolved gases may be thoroughly released.(f) Water level indicators.(1) ASME Code, Section I, process steam generators with a MAWP of 400 psig (three (3) megapascals) or less shall have at least one gage glass. For a MAWP over 400 psig (three (3) megapascals), shall have two required gage glasses. When two gage glasses are required, one of the gage glasses may be replaced by two independent remote level indicators that are maintained in simultaneous operation while the process steam generator is in service.(2) Each steam collection or liberation drum of an ASME Code, Section VIII, Division 1, Division 2, or Division 3 process steam generator, irrespective of pressure and temperature, as shown in §65.615, Exhibits 4 and 5, shall be provided with one direct reading water level indicator (water gage glass) or two independent remote level indicators that are maintained in simultaneous operation while the process steam generator is in service.(3) In all installations where direct visual observations of the water gage glass(es) cannot be made, two remote level indicators shall be provided at operational level.(4) The gage glass cock connections shall not be less than 1/2 inch nominal pipe size (15 mm).(5) No outlet connections, except for feedwater regulator, drains, steam gages, or apparatus of such form as does not permit the escape of an appreciable amount of steam or water therefrom, shall be placed on the pipes connecting a water column or gage glass on the steam collection or liberation drum of a process steam generator.(6) The water column shall be fitted with a drain cock or drain valve of at least 3/4 inch nominal pipe size (20 mm). The water column blowdown pipe shall not be less than 3/4 inch nominal pipe size (20 mm) and shall be piped to a safe point of discharge.(7) Connections from the steam collection or liberation drum of a process steam generator to remote level indicators shall be at least 3/4 inch nominal pipe size (20 mm), to and including the isolation valve, and at least 1/2 inch (13 mm) OD tubing from the isolation valve to the remote level indicator. These connections shall be completely independent of other connections for any function other than water level indication.(g) Low-water cutoffs, alarms and feed regulating devices.(1) The owner or operator is responsible for the design and installation of any low water protection devices as required, to prevent damage to the process steam generator. All installed low water cutoffs, alarms and feeding devices, must be designed for a pressure and temperature equal to or greater than the MAWP and temperature of the process steam generator steam collection or liberation drum.(2) When a low-water cutoff, and/or alarm is housed in either the water column or a separate chamber, it shall be provided with a blowdown pipe and valve not less than 3/4 inch nominal pipe size (20 mm). The arrangement shall be such that when the water column is blown down, the water level in it will be lowered sufficiently to activate the low-water cutoff and/or alarm device.(3) Should a steam collection or liberation drum of a process steam generator be installed in a system without a local and constant attendant, and it is not a failsafe design, it shall be provided with a low-water cutoff as required for power boilers.(h) Pressure gages.(1) Each steam collection or liberation drum of a process steam generator shall have a pressure-indicating device that is readable from the primary operating station. The range shall be graduated to approximately double the pressure at which the safety valve is set, but in no case, less than one and one-half times this pressure. The pressure-indicating device shall be connected to the steam space, or to the water column, or its steam connection. A valve or cock shall be placed in the gage connection adjacent to the gage. An additional valve or cock may be located near the steam collection or liberation drum of the process steam generator. No other shutoff valves shall be located between the gage and the steam collection or liberation drum of the process steam generator. The pipe connection shall be of ample size and arranged so that it may be cleared by blowing down or flushing. The pressure-indicating device shall be provided with a siphon or equivalent device, which will develop and maintain a water seal that will prevent steam from entering the pressure-indicating device.(2) Each steam collection or liberation drum of a process steam generator must have a valved connection at least 1/4 inch nominal pipe size (8 mm) connected to the steam space for the purpose of attaching a test gage when the process steam generator is in service, to test the accuracy of the pressure-indicating device.(i) Stop valves.(1) Each steam outlet from an ASME Code, Section I, process steam generator, shall be fitted with a stop valve located as close as practicable to the steam collection or liberation drum of the process steam generator.(2) When a stop valve is located that allows water to accumulate, ample drains shall be provided. The drain shall be piped to a safe location and shall not be discharged on the process steam generator or its setting.(3) When boilers that are provided with manholes or other similar openings that permit access for human occupancy are connected to a common steam main, the owner or operator shall ensure that the boiler to which entry is being made is completely isolated from the steam main. This may be accomplished with the use of two stop valves with an ample drain between them, with a full isolation blind or removal of piping such that the boiler is no longer connected to the steam main.", "sourceNote": "Source Note: The provisions of this §65.609 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective January 15, 2018, 43 TexReg 75; amended to be effective February 15, 2019, 44 TexReg 583; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222261", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.610", "label": "Nuclear Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222262", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Nuclear boilers shall be inspected in-service by the owner or operator, in accordance with ASME Boiler and Pressure Vessel Code, Section XI.(b) The owner or operator shall engage the services of an inspection agency, qualified in accordance with American National Standards Institute/American Society of Mechanical Engineers (ANSI/ASME) N626.1, licensed by the Texas State Board of Insurance, and authorized to provide inspection services by the department.(c) The department shall assign, after receipt of the completed N-3 owner's data report, a state serial number to the nuclear boiler.(1) All N-5 data reports for piping systems and N-3 owner's data reports shall be filed with the department.(2) National Board registration described in §65.200 is not required.(d) The certificate of operation will be issued after receipt of the preservice inspection summary report and prior to commercial service. The summary report shall include all activities required by ASME Code, Section XI, except for the results of examinations or test of items obtainable only during power ascension testing. These items shall be filed as an amendment to the summary report within sixty (60) days of the completion of the power ascension testing. The items identified to be submitted in the amendment, shall be agreed upon by mutual consent as provided for in subsection (k), prior to power ascension testing and issuance of the certificate of operation.(e) The in-service inspection plan shall be submitted to the department by the owner or operator prior to commercial service.(f) The department shall review the in-service inspection plan and select those items necessary to verify compliance with Texas Health and Safety Code, Chapter 755 and ASME Code, Section XI. Items selected for verification shall be from within the verification boundary of the nuclear boiler consisting of the components and component supports of the systems illustrated in §65.615, Exhibit 6.(g) The department shall, upon reasonable notification by the owner or operator, of in-service inspection activities to be accomplished during any outage on items selected in subsection (h), coordinate with the owner or operator the verification activities.(h) The department shall review and maintain summary reports of the in-service inspections that are submitted by the owner or operator in accordance with ASME Code, Section XI.(i) Repairs and/or replacements shall conform to the requirements of ASME Code, Section XI.(j) The owner or operator shall, in case of serious accidents to a nuclear boiler involving a breach of the pressure boundary integrity of components included in §65.615, Exhibit 6, immediately notify the chief inspector by the most expeditious means available and report the nature of the accident. The chief inspector shall assess the nature of the accident, formulate inspection activities as required, and coordinate these activities with the owner or operator and as necessary with other state and federal agencies having jurisdiction.(k) If exceptions or situations arise, which are not specifically addressed in this section or other sections of the boiler law and rules, or in ASME Code, Section XI, the owner or operator shall contact the chief inspector for guidance or interpretation.", "sourceNote": "Source Note: The provisions of this §65.610 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222262", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.611", "label": "Heating Boilers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222263", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Steam Heating Boilers.(1) Safety valves.(A) Each steam boiler must have one or more safety valves, that are identified with applicable designator with the ASME certification mark of the spring pop type, adjusted and sealed to discharge at a pressure not to exceed 15 psig (103 kilopascals). Seals must be attached in a manner to prevent the valve from being taken apart without breaking the seal. The safety valves must be arranged so that they cannot be reset to relieve at a higher pressure than the MAWP of the boiler. A body drain connection below seat level must be provided. For valves exceeding 2 1/2 inch nominal pipe size (65 mm), the drain hole or holes must be tapped not less than 3/8 inch nominal pipe size (10 mm). For valves 2 1/2 inch nominal pipe size (65 mm) or less, the drain hole must not be less than 1/4 inch (6 mm) in diameter.(B) Each safety valve 3/4 inch nominal pipe size (20 mm) or over, used on a steam boiler, shall have a substantial lifting device, which will positively lift the disk from its seat at least 1/16 inch (1.6 mm), when there is no pressure on the boiler. The seats and disks shall be of suitable material to resist corrosion.(C) No safety valve for a steam boiler shall be smaller than 1/2 inch nominal pipe size (15 mm). No safety valve shall be larger than 4 1/2 inches nominal pipe size (15 mm). The inlet opening shall have an inside diameter approximately equal to, or greater than, the seat diameter.(D) The minimum relieving capacity of valve or valves shall be governed by the capacity marking on the boiler.(E) The minimum valve capacity in pounds per hour shall be the greater of that determined by dividing the maximum Btu output at the boiler nozzle obtained by the firing of any fuel, for which the unit is installed by 1,000, or shall be determined on the basis of the pounds of steam generated per hour, per square foot of boiler heating surface as given in §65.615, Exhibit 7. For cast iron boilers, the minimum valve capacity shall be determined by the maximum output method. In every case, the safety valve capacity for each steam boiler shall be such that with the fuel burning equipment installed, and operated at maximum capacity, the pressure cannot rise more than 5psig (35 kilopascals) above the MAWP.(F) Safety valve piping. No valve shall be placed between the safety valve and the boiler or on the discharge pipe between the safety valve and the atmosphere. When a discharge pipe is used, it shall be full size and fitted with an open drain to prevent water from lodging in the upper part of the safety valve or pressure relief valve or in the discharge pipe. When an elbow is placed on the safety valve discharge pipe, it shall be located close to the valve outlet. The discharge pipe shall be securely anchored and supported, independent of the valve. If a muffler is used on a pressure relief valve, it shall have sufficient area to prevent back pressure from interfering with the proper operation and discharge capacity of the valve.(G) Safety valves and pressure relief valves shall be installed on the boiler with spindles positioned vertically. The opening or connection between the boiler and any safety valve or pressure relief valve shall have at least the area of the valve inlet.(2) Feedwater connections.(A) Feedwater or water treatment shall be introduced into a boiler through the return piping system or through an independent feedwater connection which does not discharge against parts of the boiler exposed to direct radiant heat from the fire. Feedwater or water treatment shall not be introduced through openings or connections provided for inspection or cleaning, safety valve, surface blowoff, water column, water gage glass, pressure gage, or temperature gage.(B) Feedwater pipe shall be provided with a check valve near the boiler and a stop valve or cock between the check valve and the boiler or return pipe system.(3) Low-water fuel cutoffs and water feeding devices.(A) All automatically fired steam boilers, except boilers having a constant attendant, who has no other duties while the boiler is in operation, shall be equipped with approved automatic low-water fuel cutoffs installed in such a manner that they cannot be rendered inoperative by the manipulation of any manual control or regulating apparatus.(B) The MAWP of all low water fuel cutoff devices shall be set at or above the boiler stamped MAWP.(C) When low-water fuel cutoff and feedwater pump controls are combined in a single device, an additional separate low-water fuel cutoff shall be installed. The additional control shall be wired in series electrically with the existing low-water fuel cutoff.(D) When a low-water fuel cutoff is housed in either the water column or a separate chamber, it shall be provided with a blowdown pipe and valve, not less than 3/4 inch nominal pipe size (20 mm). The arrangement shall be such that when the water column is blown down, the water level in it will be lowered sufficiently to activate the low-water fuel cutoff device.(E) If a water feed device is utilized, it shall be constructed to prevent feedwater from entering the boiler through the water column or separate chamber of the low-water fuel cutoff.(4) Pressure gages.(A) Each steam heating boiler shall have a pressure gage connected to the device exterior to the boiler. The gage shall be of sufficient capacity to keep the gage tube filled with water and arranged so that the gage cannot be shut off from the boiler except by a cock with tee or lever handle placed in a pipe near the gage. The handle of the cock shall be parallel to the pipe in which it is located when the cock is open.(B) The scale on the dial of a steam heating boiler pressure gage shall be graduated to not less than 30 psig (207kilopascals) nor more than 60 psig (414 kilopascals). The travel of the pointer from zero to 30 psig (207 kilopascals) pressure shall be at least three inches.(5) Stop valves.(A) Single steam heating boilers. When a stop valve is used in the supply pipe connection of a single steam heating boiler, there shall be one used in the return pipe connection.(B) Supply and return line. Each supply and return line to a steam heating boiler, which may be entered while adjacent boilers are in operation, shall be fitted with either two stop valves with ample drain between or a stop valve and figure 8 blank. The blank shall be installed between the stop valve and the boiler.(C) Type of stop valve. When stop valves over two inches in size are used, they shall be of the outside screw-and-yoke rising stem type or of such other type as to indicate at a distance whether it is closed or open by the position of its stem or other operating mechanism. The wheel may be carried either on the yoke or attached to the stem. If the valve is of the plug cock type, it shall be fitted with a slow opening mechanism and an indicating device and the plug shall be held in place by a guard or gland.(6) Bottom blowdown or drain valve.(A) Bottom blowoff valve. Each steam heating boiler shall have a bottom blowoff connection fitted with a valve or cock, connected to the lowest water space practicable with a minimum size as shown in §65.615, Exhibit 8. The discharge piping shall be full size to the point of discharge. Boilers having a capacity of 25 gallons (95 liters) or less are exempt from these requirements.(B) Drain valve. Each boiler shall have one or more drain connections, fitted with valves or cocks connecting to the lowest water containing spaces. The minimum size of the drain piping, valves, and cocks shall be 3/4 inch nominal pipe size (20 mm). The discharge piping shall be full size to the point of discharge. When the blowoff connection is located at the lowest water containing space, a separate drain connection is not required.(C) Minimum pressure rating. The minimum pressure rating of valves and cocks used for blowoff or drain purposes shall be at least equal to the pressure stamped on the boiler, but in no case less than 30 psig (207 kilopascals). The temperature rating of such valves and cocks shall not be less than 250 degrees Fahrenheit (121 degrees Celsius).(7) Water gage glasses.(A) Each steam heating boiler shall have one or more water gage glasses attached to the water column or boiler, by means of valved fittings not less than 1/2 inch nominal pipe size (15 mm). The lower fitting shall have a drain valve of the straightway type, with opening not less than 1/4 inch (8 mm) diameter to facilitate cleaning. Gage glass replacement shall be possible under pressure.(B) Transparent material, other than glass, may be used for the water gage, provided that the material will remain transparent and has proved suitable for the pressure, temperature, and corrosive conditions encountered in service.(8) Piping, Fittings and Valves.(A) All piping, fittings and valves on the steam line, shall have a pressure rating equal to or greater than the MAWP of the boiler and a temperature rating of no less than 250 degrees Fahrenheit (121 degrees Celsius).(B) All piping, fittings and valves other than the steam line, shall have a minimum pressure and temperature rating equal to or greater than the maximum expected pressure and temperature that may be reached.(b) Hot Water Heating Boilers.(1) Pressure relief valves.(A) Each hot water heating boiler must have at least one pressure relief valve, of the automatic reseating type, identified with the ASME certification mark with the \"V\" or \"HV\" designator ASME Code Symbol, and set to relieve at or below the MAWP of the boiler.(B) When more than one pressure relief valve is used on a hot water heating boiler, the additional valve or valves shall have a set pressure within a range not to exceed 6 psig (42 kilopascals) above the MAWP of the boiler up to and including 60 psig (414 kilopascals), and 5.0% for those having a MAWP exceeding 60 psig (414 kilopascals).(C) Pressure relief valves shall be spring loaded and shall be set and sealed, so that they cannot be reset without breaking the seal. A body drain connection below seat level shall be provided. For valves exceeding 2 1/2 inch nominal pipe size (65 mm), the drain hole or holes shall be tapped not less than 3/8 inch nominal pipe size (10 mm). For valves of 2 1/2 inch nominal pipe size (65 mm) or less, the drain hole shall not be less than 1/4 inch (6 mm) diameter.(D) Each pressure relief valve shall have a substantial lifting device, which will positively lift the disk from its seat at least 1/16 inch (1.6 mm) when there is no pressure on the boiler.(E) Seats and disks of pressure relief valves shall be made of a suitable material to resist corrosion. No materials likely to fail due to deterioration or vulcanization, when subjected to saturated steam temperature corresponding to capacity test pressure, shall be used for any part.(F) No pressure relief valve shall be smaller than 3/4 inch nominal pipe size (20 mm) nor larger than 4 1/2 inch nominal pipe size (115 mm) except that boilers having a heat input not greater than 15,000 Btu/hr (4.4 kilowatts) may be equipped with a rated pressure relief valve of 1/2 inch nominal pipe size (15 mm). The inlet opening shall have an inside diameter approximately equal to, or greater than, the seat diameter. In no case shall the minimum opening through any part of the valve be less than 1/4 inch (6 mm) diameter or its equivalent area.(G) The required steam relieving capacity, in pounds per hour, of the pressure relieving device or devices on a boiler shall be the greater of that determined by dividing the maximum output in Btu at the boiler nozzle obtained by the firing of any fuel for which the unit is installed by 1,000 or shall be determined on the basis of pounds of steam generated per hour per square foot of boiler heating surface as given in §65.615, Exhibit 7. For cast iron boilers the minimum valve capacity shall be determined by the maximum output method.(H) In every case, the pressure relief valve capacity for each boiler with a single pressure relief valve shall be such that, with the fuel burning equipment installed and operated at maximum capacity, the pressure cannot rise more than 10% above the MAWP. When more than one pressure relief valve is used, the overpressure shall be limited to 10% above the set pressure of the highest set valve.(I) Pressure relief valve piping. No valve shall be placed between the pressure relief valve and the boiler or on the discharge pipe between the pressure relief valve and the drain. When a discharge pipe is used, it shall be full size and fitted with an open drain to prevent water from lodging in the upper part of the pressure relief valve or in the discharge pipe. When an elbow is placed on the pressure relief valve discharge pipe, it shall be located close to the valve outlet. The discharge pipe shall be securely anchored and supported, independent of the valve. Mufflers shall not be used on hot water heating boilers.(J) Pressure relief valves and safety valves shall be installed on the boiler with spindles positioned vertically. The opening or connection between the boiler and any pressure relief valve or safety valve shall have at least the area of the valve inlet.(2) Makeup water connections.(A) Makeup water or water treatment shall be introduced into a boiler through the return piping system or through an independent makeup water connection, which does not discharge against parts of the boiler exposed to direct radiant heat from the fire. Makeup water or water treatment shall not be introduced through openings or connections provided for inspection or cleaning, pressure relief valve, pressure gage, or temperature gage.(B) Makeup water pipe shall be provided with a check valve near the boiler and a stop valve or cock between the check valve and the boiler, or between the check valve and the piping system.(3) Low-water fuel cutoffs and water feeding devices.(A) All automatically fired hot water heating boilers shall have an automatic low-water fuel cutoff that has been designed for hot water service, and it shall be so located as to automatically cut off the fuel supply when the surface of the water falls to a level below the normal waterline established.(B) The MAWP of all low water fuel cutoff and flow sensing devices shall be set at or above the boiler stamped MAWP.(C) When low-water fuel cutoff and feedwater pump controls are combined in a single device, an additional separate low-water fuel cutoff shall be installed. The additional control shall be wired in series electrically with the existing low-water fuel cutoff.(D) When a low-water fuel cutoff is housed in either the water column or a separate chamber it shall be provided with a blowdown pipe and valve not less than 3/4 inch nominal pipe size (20 mm). The arrangement shall be such that when the water column is blown down, the water level in it will be lowered sufficiently to activate the low-water fuel cutoff device.(E) As there is no normal water line to be maintained in a hot water heating boiler, any location of the low-water fuel cutoff above the lowest safe water level established by the boiler manufacturer is satisfactory.(F) All automatically fired hot water heating boilers, when installed in a forced circulation system and not under continuous attendance, shall be equipped in the manner described in this subsection. A coil-type boiler or a water-tube boiler requiring forced circulation to prevent overheating of the coils or tubes shall have a flow sensing device which is listed by a nationally recognized testing agency to prevent burner operation at a flow rate inadequate to protect the boiler unit against overheating.(G) If a water feed device is utilized, it shall be constructed to prevent feedwater from entering the boiler through the water column or separate chamber of the low-water fuel cutoff.(4) Pressure and temperature gages.(A) Each hot water heating boiler shall have a pressure or altitude gage connected to it or to its flow connection, which cannot be shut off from the boiler except by a cock with tee or lever handle placed in a pipe near the gage. The handle of the cock shall be parallel to the pipe in which it is located when the cock is open.(B) The scale on the dial of the pressure or altitude gage shall be graduated to not less than 1 1/2 nor more than 3 1/2 times the pressure at which the pressure relief valve is set. The gage shall be provided with effective stops for the indicating pointer at the zero point and at the maximum pressure point.(C) Piping and tubing for pressure or altitude gage connections shall be of nonferrous metal when smaller than 1 inch nominal pipe size (25 mm).(D) Each hot water heating boiler shall have a thermometer or temperature gage located and connected, that it shall be readable, and shall be located so that it shall at all times indicate the temperature of the water in the boiler at or near the outlet. If placed on the outlet piping, it must be located between the stop valve and the boiler.(5) Stop valves.(A) Stop valves shall be located at an accessible point in the supply and return pipe connections near the boiler nozzle of a single hot water heating boiler installation to permit draining the boiler without emptying the system.(B) When the boiler is located above the system and can be drained without draining the system, stop valves may be eliminated.(C) Type of stop valve. When stop valves over two inches in size are used, they shall be of the outside screw-and-yoke rising stem type or of such other type as to indicate at a distance whether it is closed or open by the position of its stem or other operating mechanism. The wheel may be carried either on the yoke or attached to the stem. If the valve is of the plug cock type, it shall be fitted with a slow opening mechanism and an indicating device and the plug shall be held in place by a guard or gland.(6) Drain valve.(A) Each hot water heating boiler shall have one or more drain connections, fitted with valves or cocks connecting to the lowest water containing spaces. The minimum size of the drain piping, valves, and cocks shall be 3/4 inch nominal pipe size (20 mm). The discharge piping shall be full size to the point of discharge. When the blowoff connection is located at the lowest water containing space, a separate drain connection is not required.(B) Minimum pressure rating. The minimum pressure rating of valves and cocks used for blowoff or drain purposes shall be at least equal to the pressure stamped on the boiler, but in no case less than 30 psig (207 kilopascals). The temperature rating of such valves and cocks shall not be less than 250 degrees Fahrenheit (121 degrees Celsius).(7) Provisions for thermal expansion.(A) Heating systems with open expansion tank- An indoor overflow from the upper portion of the expansion tank shall be provided in addition to an open vent, the indoor overflow to be carried within the building to a suitable plumbing fixture or basement.(B) Closed heating system.(i) If the system is of closed type, an airtight tank or other suitable air cushion that is consistent with the volume and capacity of the system shall be installed.(ii) If the system is designed for a working pressure of 30 psig (207 kilopascals) or less, the tank shall be suitably designed for a minimum hydrostatic pressure of 75 psig (520 kilopascals).(iii) Expansion tanks for systems designed to operate above 30 psig (207 kilopascals) shall be constructed in accordance with the ASME Code, Section VIII, Division 1, or Section X, and the pressure and temperature ratings of the tank shall be equal to or greater than the pressure and temperature ratings of the system pressure. A pressure relief valve shall be installed with a set pressure at or below the MAWP of the expansion tank. Alternately the boiler pressure relief valve may be used provided the expansion tank's MAWP is equal to or greater than the set pressure of the pressure relief valve.(iv) Provisions shall be made for draining the tank without emptying the system, except for pre-pressurized tanks.(v) If the expansion tank was originally equipped with a sight glass, the sight glass and sight glass valves shall be in working condition at all times, and the water level shall be maintained as per the manufacturer's recommendations.(8) Piping, fittings, and valves.(A) All piping, fittings and valves on the boiler supply and return lines shall have a pressure rating equal to or greater than the MAWP of the boiler and a temperature rating of no less than 250 degrees Fahrenheit (121 degrees Celsius).(B) All piping, fittings and valves other than the boiler supply and return lines shall have a minimum pressure and temperature rating equal to or greater than the maximum expected pressure and temperature that may be reached.(c) Hot Water Supply Boilers.(1) Pressure relief valves.(A) Each hot water supply boiler shall have at least one pressure relief valve, of the automatic reseating type, identified with the ASME certification mark with the \"V\" or \"HV\" designators, and set to relieve at or below the MAWP of the boiler.(B) When more than one pressure relief valve is used on a hot water supply boiler, the additional valve or valves shall be officially rated and may have a set pressure within a range not to exceed 6 psig (42 kilopascals) above the MAWP of the boiler up to and including 60 psig (414 kilopascals), and 5.0% for those having a MAWP exceeding 60 psig (414 kilopascals).(C) Pressure relief valves shall be spring loaded. Pressure relief valves shall be set and sealed so that they cannot be reset without breaking the seal. A body drain connection below seat level shall be provided. For valves exceeding 2 1/2 inch nominal pipe size (65 mm), the drain hole or holes shall be tapped not less than 3/8 inch nominal pipe size (10 mm). For valves of 2 1/2 inch nominal pipe size (65 mm) or less, the drain hole shall not be less than 1/4 inch (6 mm) diameter.(D) Each pressure relief valve shall have a substantial lifting device which will positively lift the disk from its seat at least 1/16 inch (1.6 mm) when there is no pressure on the boiler.(E) Seats and disks of pressure relief valves shall be made of a suitable material to resist corrosion. No materials likely to fail due to deterioration or vulcanization, when subjected to saturated steam temperature corresponding to capacity test pressure, shall be used for any part.(F) No pressure relief valve shall be smaller than 3/4 inch nominal pipe size (20 mm) nor larger than 4 1/2 inch nominal pipe size (115 mm) except that boilers having a heat input not greater than 15,000 Btu/hr (4.4 kilowatts) may be equipped with a rated pressure relief valve of 1/2 inch nominal pipe size (15 mm). The inlet opening shall have an inside diameter approximately equal to, or greater than, the seat diameter. In no case shall the minimum opening through any part of the valve be less than 1/4 inch (6 mm) diameter or its equivalent area.(G) The required steam relieving capacity, in pounds per hour, of the pressure relieving device or devices on a boiler shall be the greater of that determined by dividing the maximum output in Btu at the boiler nozzle obtained by the firing of any fuel for which the unit is installed by 1,000, or shall be determined on the basis of pounds of steam generated per hour per square foot of boiler heating surface as given in §65.615, Exhibit 7. For cast iron boilers, the minimum valve capacity shall be determined by the maximum output method.(H) In every case, the pressure relief valve capacity for each boiler with a single pressure relief valve shall be such that, with the fuel burning equipment installed and operated at maximum capacity, the pressure cannot rise more than 10% above the MAWP. When more than one pressure relief valve is used, the overpressure shall be limited to 10% above the set pressure of the highest set valve.(I) Pressure relief valve piping. No valve shall be placed between the pressure relief valve and the boiler nor on the discharge pipe between the pressure relief valve and the drain. When a discharge pipe is used, it shall be full size and fitted with an open drain to prevent water from lodging in the upper part of the pressure relief valve or in the discharge pipe. When an elbow is placed on the pressure relief valve discharge pipe, it shall be located close to the valve outlet. The discharge pipe shall be securely anchored and supported, independent of the valve. Mufflers shall not be used on hot water supply boilers.(J) Pressure relief valves and safety valves shall be installed on the boiler with spindles positioned vertically. The opening or connection between the boiler and any pressure relief valve or safety valve shall have at least the area of the valve inlet.(2) Makeup water connections.(A) Makeup water or water treatment shall be introduced into a boiler through the return piping system or through an independent makeup water connection which does not discharge against parts of the boiler exposed to direct radiant heat from the fire. Makeup water or water treatment shall not be introduced through openings or connections provided for inspection or cleaning, pressure relief valve, pressure gage, or temperature gage.(B) Makeup water pipe shall be provided with a check valve near the boiler and a stop valve or cock between the check valve and the boiler or between the check valve and the piping system.(3) Low-water fuel cutoffs and water feeding devices.(A) All automatically fired hot water supply boilers shall have an automatic low-water fuel cutoff that has been designed for hot water service, and it shall be so located as to automatically cut off the fuel supply when the surface of the water falls to a level below the normal waterline established.(B) The MAWP of all low water fuel cutoff and flow sensing devices shall be set at or above the boiler stamped MAWP.(C) When low-water fuel cutoff and feedwater pump controls are combined in a single device, an additional separate low-water fuel cutoff shall be installed. The additional control shall be wired in series electrically with the existing low-water fuel cutoff.(D) When a low-water fuel cutoff is housed in either the water column or a separate chamber it shall be provided with a blowdown pipe and valve not less than 3/4 inch nominal pipe size (20 mm). The arrangement shall be such that when the water column is blown down, the water level in it will be lowered sufficiently to activate the low-water fuel cutoff device.(E) As there is no normal water line to be maintained in a hot water supply boiler, any location of the low-water fuel cutoff above the lowest safe water level established by the boiler manufacturer is satisfactory.(F) All automatically fired hot water heating boilers, when installed in a forced circulation system and not under continuous attendance, shall be equipped in the manner described in this subsection. A coil-type boiler or a water-tube boiler requiring forced circulation to prevent overheating of the coils or tubes shall have a flow sensing device which is listed by a nationally recognized testing agency to prevent burner operation at a flow rate inadequate to protect the boiler unit against overheating.(G) If a water feed device is utilized, it shall be constructed to prevent feedwater from entering the boiler through the water column or separate chamber of the low-water fuel cutoff.(4) Pressure and temperature gages.(A) Each hot water supply boiler shall have a pressure or altitude gage connected to it or to its flow connection which cannot be shut off from the boiler except by a cock with tee or lever handle placed in a pipe near the gage. The handle of the cock shall be parallel to the pipe in which it is located when the cock is open.(B) The scale on the dial of the pressure or altitude gage shall be graduated to not less than 1 1/2 nor more than 3 1/2 times the pressure at which the pressure relief valve is set. The gage shall be provided with effective stops for the indicating pointer at the zero point and at the maximum pressure point.(C) Piping and tubing for pressure or altitude gage connections shall be of nonferrous metal when smaller than 1 inch nominal pipe size (25 mm).(D) Each hot water supply boiler shall have a thermometer or temperature gage located and connected so that it shall be readable, and shall be located so that it shall at all times indicate the temperature of the water in the boiler at or near the outlet. If placed on the outlet piping, it must be located between the stop valve and the boiler.(5) Stop valves.(A) Stop valves shall be located at an accessible point in the supply and return pipe connections near the boiler nozzle of a single hot water supply boiler installation to permit draining the boiler without emptying the system.(B) When the boiler is located above the system and can be drained without draining the system, stop valves may be eliminated.(C) Type of stop valve. When stop valves over two inches in size are used, they shall be of the outside screw-and-yoke rising stem type or of such other type as to indicate at a distance whether it is closed or open by the position of its stem or other operating mechanism. The wheel may be carried either on the yoke or attached to the stem. If the valve is of the plug cock type, it shall be fitted with a slow opening mechanism and an indicating device and the plug shall be held in place by a guard or gland.(6) Drain valve.(A) Each hot water supply boiler shall have one or more drain connections, fitted with valves or cocks connecting to the lowest water containing spaces. The minimum size of the drain piping, valves, and cocks shall be 3/4 inch nominal pipe size (20 mm). The discharge piping shall be full size to the point of discharge. When the blowoff connection is located at the lowest water containing space, a separate drain connection is not required.(B) Minimum pressure rating. The minimum pressure rating of valves and cocks used for blowoff or drain purposes shall be at least equal to the pressure stamped on the boiler, but in no case less than 30 psig (207 kilopascals). The temperature rating of such valves and cocks shall not be less than 250 degrees Fahrenheit (121 degrees Celsius).(7) Provisions for thermal expansion.(A) If a system is equipped with a check valve or pressure reducing valve in the cold water inlet line, consideration should be given to the installation of an airtight expansion tank or other suitable air cushion. Otherwise, due to the thermal expansion of the water, the pressure relief valve may lift periodically.(B) If an expansion tank is provided, it shall be constructed in accordance with the ASME Code, Section VIII, Division 1 or Section X, and the pressure and temperature ratings of the tank shall be equal to or greater than the pressure and temperature ratings of the system pressure. Except for pre-pressurized tanks, which should be installed on the cold water side, provisions shall be made for draining the tank without emptying the system.(C) If the expansion tank was originally equipped with a sight glass, the sight glass and sight glass valves shall be in working condition at all times, and the water level shall be maintained as per the manufacturer's recommendations.(8) Piping, fittings, and valves.(A) All piping, fittings and valves on the boiler supply and return lines shall have a pressure rating equal to or greater than the MAWP of the boiler and a temperature rating of no less than 250 degrees Fahrenheit (121 degrees Celsius).(B) All piping, fittings and valves other than the boiler supply and return lines shall have a minimum pressure and temperature rating equal to or greater than the maximum expected pressure and temperature that may be reached.(d) Potable Water Heaters (ASME Code HLW).(1) Pressure relief valves.(A) Potable water heaters (tank type) must have at least one officially rated temperature and pressure relief valve, or one officially rated pressure relief valve, set to relieve at or below the maximum allowable pressure of the heater. No pressure relief valve may be smaller than 3/4 inch nominal pipe size (20 mm). The valve (s) must be marked with the Code Symbol \"V\" or \"HV.\" At no time may the temperature probe of the temperature and pressure relief valve be removed or modified.(B) The pressure relief valve shall have a capacity equal to or exceeding the rated burner input of the heater. The relieving capacity for electric water heaters shall be 3,500 Btu/hr (1.0 kilowatts) per kilowatt of input.(C) The ASME Btu rating on the valve shall be used to determine the relieving capacity.(D) Pressure relief valves shall be connected directly to the heater within the top 6 inches of the tank.(E) Pressure relief valves may be installed vertically or horizontally. The center line of the horizontal connection shall be no lower than 4 inches from the top of the shell.(F) Pressure relief valves shall not be connected to an internal pipe in the heater, or to a cold water feed line connected to the heater.(G) Pressure relief valve piping. No valve shall be placed between the pressure relief valve and the boiler nor on the discharge pipe between the pressure relief valve and the drain. When a discharge pipe is used, it shall be full size and fitted with an open drain to prevent water from lodging in the upper part of the pressure relief valve or in the discharge pipe. When an elbow is placed on the pressure relief valve discharge pipe, it shall be located close to the valve outlet. The discharge pipe shall be securely anchored and supported, independent of the valve. Mufflers shall not be used on potable water heaters.(2) Water supply.(A) Water supply shall be introduced into a water heater through an independent water supply connection. Water shall not be introduced through openings or connections provided for cleaning, pressure relief valves, drains, pressure gage or temperature gage.(B) If the water supply pressure to a hot water heater exceeds 75% of the set pressure of the pressure relief valve, a pressure reducing valve is required.(3) Flow sensing device.(A) All automatically fired potable water heaters, when installed in a forced circulation system and not under continuous attendance, shall be equipped in the manner described in this subsection. A coil-type boiler or a water-tube boiler requiring forced circulation to prevent overheating of the coils or tubes shall have a flow sensing device which is listed by a nationally recognized testing agency to prevent burner operation at a flow rate inadequate to protect the boiler unit against overheating.(B) The MAWP of all flow sensing devices shall be set at or above the boiler stamped MAWP.(4) Gages.(A) Temperature gages. Each hot water heater shall have a thermometer located and connected at or near the outlet that is readable. The thermometer shall at all times indicate the temperatures of the water in the hot water heater. If placed on the outlet piping, it must be located between the stop valve and the boiler.(B) Pressure gages. Each hot water heater that is of the coil type or water tube shall have a pressure gage located as close to the boiler as possible that is graduated to not less than 1 1/2 or more than 3 1/2 times the pressure at which the pressure relief valve is set.(5) Stop valves. Stop valves should be placed in the supply and discharge pipe connections of the hot water heater installation to permit draining the heater without emptying the system.(6) Drain valves. Each hot water heater shall have a bottom drain pipe connection fitted with a valve or cock connected to the lowest water space practical. The minimum size bottom drain shall be 3/4 inch nominal pipe size (20 mm).(7) Provisions for thermal expansion.(A) If a system is equipped with a check valve or pressure reducing valve in the cold water inlet line, consideration should be given to the installation of an airtight expansion tank or other suitable air cushion. Otherwise, due to the thermal expansion of the water, the pressure relief valve may lift periodically.(B) If an expansion tank is provided, it shall be constructed in accordance with the ASME Code, Section VIII, Division 1 or Section X, and the pressure and temperature ratings of the tank shall be equal to or greater than the pressure and temperature ratings of the system pressure.(C) Except for pre-pressurized tanks, which should be installed on the cold water side, provisions shall be made for draining the tank without emptying the system.(D) If the expansion tank was originally equipped with a sight glass, the sight glass and sight glass valves shall be in working condition at all times, and the water level shall be maintained as per the manufacturer's recommendations.(8) Piping, fittings, and valves.(A) All piping, fittings and valves on the boiler supply and return lines shall have a pressure rating equal to or greater than the MAWP of the boiler and a temperature rating of no less than 210 degrees Fahrenheit (99 degrees Celsius).(B) All piping, fittings and valves other than the boiler supply and return lines shall have a minimum pressure and temperature rating equal to or greater than the maximum expected pressure and temperature that may be reached.", "sourceNote": "Source Note: The provisions of this §65.611 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective September 1, 2018, 43 TexReg 5361; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222263", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.612", "label": "Repair and Alterations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222264", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Repairs and alterations must conform to the current edition of the National Board Inspection Code (NBIC) and must be acceptable to the inspector, except that repairs and alterations may be performed by the following, provided the intended work is within the scope of the issued certificate of authorization:(1) holders of a certificate of authorization from the National Board of Boiler and Pressure Vessel Inspectors for use of the R repair symbol stamp; or(2) owners or operators of boilers who have been issued a certificate of authorization by the department.(A) Issuance of the certificate of authorization will be made upon submission of an application in the manner prescribed by the department.(B) Review of the applicant's program and facilities initially and at subsequent three-year intervals will be done.(i) The review will determine the applicant has a documented program to control repairs and/or alterations conforming to minimum requirements established by the department.(ii) The review will require demonstration of the applicant's ability to perform repairs and/or alterations by implementing on representative work the requirements of the written program.(iii) The guidelines of the NBIC for the quality control system are a minimum, except that an Authorized Inspection Agency is not required and the Repair and Alteration forms are issued by the department. The National Board's forms shall not be used by these certificate holders.(b) Derating a boiler's MAWP and/or allowable temperature (in accordance with the NBIC), must be approved by the department before commencement of the alteration. If the derating is approved, the MAWP and/or allowable temperature may not be increased without prior approval from the department.(c) Non-welded repairs.(1) Replacement parts made of plate material used for pressure retaining shall require material test reports (MTR). Traceability to the MTR must be maintained at all times.(2) Replacement parts fabricated by welding must be certified, stamped with the appropriate ASME Code symbol and inspected by an Authorized Inspector as required by the ASME Code.(3) When a non-welded repair involves the replacement of cast or forged parts that are identified with the ASME Code symbol at the time of casting or forging, these parts shall be replaced with cast or forged parts that are identified with the ASME Code symbol or so certified by the manufacturer to be in accordance with the original code of construction.(4) All other materials shall not require MTR's, provided the material is identified with the material specification, grade, lot and rating as required by the material or product specification and the ASME Code.(5) When used parts are utilized for non-welded repairs, it is the repair organization's responsibility to ensure the parts are identified as required above.(6) Boiler tubes shall be replaced with tubes of the allowed material and in accordance with the original code of construction.(d) Lap seam cracks. The shell or drum of a boiler in which a typical lap seam crack is discovered along a longitudinal riveted lap-type joint shall be immediately and permanently discontinued for use under pressure. A lap seam crack is the typical crack frequently found in lap seams, which extends parallel to the longitudinal joint and is located either between or adjacent to rivet holes.(e) Replacement of boiler tubes in a fire tube boiler fabricated in accordance with ASME Code Section I or IV.(1) The following are alterations:(A) Replacing a mechanically expanded boiler tube with a welded boiler tube.(B) Replacing a welded boiler tube with a mechanically expanded boiler tube.(2) Only a person qualified and authorized under paragraphs (a)(1) or (a)(2) may replace welded or mechanically expanded boiler tubes.(3) Replacement tubes must be made of a material that is the same as or is compatible with the material of the boiler tube being replaced and must be welded or mechanically expanded into the tube sheet or drum.(f) Plugging of boiler tubes (excluding tubes in headers of economizers, evaporators, superheaters, or reheaters).(1) Tube plugs must be made of a material which is compatible with the material of the boiler tube being plugged and must be welded into place or manufactured to be mechanically expanded into the tube sheet or drum.(2) Plugging boiler tubes on fire tube boilers fabricated in accordance with ASME Code Section I or IV. Best practice is not to plug a boiler tube in a fire tube boiler. If a fire tube boiler tube is plugged, the following conditions apply.(A) Only a person qualified and authorized under subsections (a)(1) or (a)(2) may plug boiler tubes.(B) Plugging boiler tubes that are adjacent to another plugged boiler tube is prohibited.(C) No more than 10% of the total number of boiler tubes may be plugged.(D) All non-expanded boiler tube plugs must be welded into place.(E) All plugged boiler tubes must be replaced before the next required certificate inspection.(3) Plugging boiler tubes on water tube boilers, unfired boilers, or process steam generators.(A) No more than 10% of the boiler generating tubes may be plugged. Additional tubes may be plugged after approval is obtained from the Original Equipment Manufacturer or an engineer experienced in boiler design. The scope of the approval is limited to the plugging of the tubes and must consider the operational effect on the water side pressure boundary or membrane and the effect on the combustion process throughout the boiler.(B) No water wall tubes may be plugged, where the tube forms a separation wall between products of combustion and the outside atmosphere or a separation of the gas passes in a multiple (gas) pass boiler.", "sourceNote": "Source Note: The provisions of this §65.612 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795; amended to be effective February 15, 2019, 44 TexReg 583; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222264", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.613", "label": "Liquid Pressure Tests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222257", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When there is a question or doubt about the extent of a defect found in a boiler, the inspector may require a liquid pressure test.(b) In preparing a boiler for a liquid pressure test, the boiler shall be filled with water to the stop valve and all air vented off. If the boiler to be tested is connected with other boilers that are under pressure, such connections shall be blanked off unless they have double stop valves on all connection pipes with a drain between.(c) During a liquid pressure test of a boiler, the safety valve or valves shall be removed or each valve disc shall be held to its seat by means of a testing clamp and not by screwing down the compression screw under the spring.(d) The metal temperature for the pressure test shall not be less than 60 degrees Fahrenheit (16 degrees Celsius), unless the owner provides information on the toughness characteristics of the material for a lower test temperature, but the maximum metal temperature shall not exceed 120 degrees Fahrenheit (50 degrees Celsius), unless a higher temperature is specified and is acceptable to the inspector.(e) When a liquid pressure test is to be applied after inspection, the pressure shall be as follows.(1) For all cases involving the question of tightness, the pressure shall be no more than the set pressure of the safety valve or valves having the lowest setting.(2) For all cases involving the question of safety, the pressure applied shall not exceed the lesser of that which was required by the original code of construction, or the pressure equal to that which results in an applied stress no greater than 90% of the specified minimum yield stress at test temperature of the material as published by ASME Code, Section II, Part D, current edition.(f) A liquid pressure test shall be held for a minimum of fifteen (15) minutes at the required pressure without leakage(g) The actual pressure in the boiler shall not exceed 1.5 x MAWP.", "sourceNote": "Source Note: The provisions of this §65.613 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective February 15, 2016, 41 TexReg 795." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222257", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.614", "label": "Authority to Set and Seal Safety Appliances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222267", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All safety and pressure relief valves for ASME Code Sections I, IV, and VIII Division 1 boilers must be repaired, tested, set, and sealed by one of the organizations listed in this section, provided the scope of the issued certificate of authorization covers the work to be performed.(b) The following organizations are authorized to set and seal safety appliances:(1) an organization holding a valid V, HV, or UV certificate of authorization, as appropriate, issued by the American Society of Mechanical Engineers (ASME); or(2) an organization holding a valid VR certificate of authorization issued by the National Board of Boiler and Pressure Vessel Inspectors; or(3) an organization holding a valid owner or operator certificate of authorization issued by the department to repair, test, set and seal safety appliances for boilers meeting the requirements of this chapter only at the approved owner or operator facilities. Such authorization may be granted or withheld by the department.(A) If authorization is granted and proper administrative fees as provided for in §65.300 are paid, a certificate of authorization will be issued, expiring on the triennial anniversary date. The certificate will indicate authorization to repair ASME Code Sections I, IV, or VIII valves, as verified by testing and as covered by the repair organization's quality control manual.(B) The applicant should apply to the department for renewal of authorization and reissuance of the certificate six months before the date of expiration.(C) The owner or operator certificate of authorization is renewable every three years. Before issuance or renewal of the certificate of authorization, the repair organization and its facilities are subject to a review and demonstration of its quality control system by an inspector. Original code books and the National Board's Pressure Relief Device Certifications (NB-18), as required to set and seal safety appliances, must be available during the review of the quality control system.(D) Before the owner or operator certificate of authorization may be issued or renewed, two valves that have been repaired by the applicant must successfully complete operational verification tests as follows:(i) visual examination to ensure the quality of material and workmanship;(ii) verification that critical parts meet the valve manufacturer's specifications. Critical parts that are replaced must be fabricated to the valve manufacturer's specifications. Critical parts which require repair shall meet the valve manufacturer's specifications;(iii) tightness tests and verification; and(iv) set pressure test and verification.(E) The purpose of the tests is to ensure that the function and operation of the valves meet the requirements of the applicable section of the ASME Code to which they are manufactured. Should any of the valves fail to meet the applicable requirements, the test shall be repeated on two valves for each valve that failed. Failure of any of these valves shall cause the applicant to investigate and document the cause of failure and state what corrective action has been taken to prevent future recurrences. Retest of the original valve is acceptable. Following proper implementation of this corrective action and after satisfactory performance, permission to receive the certificate of authorization will be granted.(F) Field repairs are defined as any repair conducted outside a fixed repair shop location. Field repairs may be conducted with the aid of mobile facilities with repair capabilities with or without testing capabilities. Field repairs may be conducted in owner or operator facilities without the use of mobile facilities. Organizations that obtain the owner or operator certificate of authorization for in-shop/plant repairs may also perform field repairs to safety and pressure relief valves provided that:(i) qualified technicians perform such repairs;(ii) an acceptable quality control system covering field repairs is maintained; and(iii) periodic audits of the work carried out in the field are made by quality control personnel of the certificate of authorization holder to ensure that the requirements of the quality control system are met.(G) Provided the provisions in subparagraph (F)(i) - (iii) are met, verification testing of field repaired valves shall not be required.(H) Organizations that perform field repairs only must demonstrate field repair capabilities to an inspector before the certificate of authorization may be issued or renewed. Two valves must be repaired in the field and successfully complete verification tests as described in subparagraph (D) and (E). A quality control manual as required in subparagraph (J), must be prepared describing all field repair activities.(I) Repair of a safety and pressure relief valve is considered to be the replacement, remachining, or cleaning of any part, lapping of seat and disc, or any other operation which may affect the flow passage, capacity, function, or pressure retaining integrity. Disassembly, reassembly, and/or adjustments which affect the safety or pressure relief valve function are also considered a repair. The initial installation, testing, and adjustments of a new safety valve or a pressure relief valve in a boiler are not considered a repair.(J) In general, the quality control system must describe and explain what documents and procedures the owner or operator will use to validate a valve repair. Before issuance or renewal of the owner or operator certificate of authorization, the applicant must meet all requirements, including an acceptable written quality control system. The basic elements of a written quality control system are those described in §65.615, Exhibit 9.(i) The written quality control system shall also include provisions for making revisions, enabling the system to be kept current as required.(ii) A review of the applicant's quality control system will be performed by an inspector. The review will include a demonstration of the implementation of the applicant's quality control system.(iii) Each applicant to whom a certificate of authorization is issued, shall maintain thereafter a controlled copy of the accepted quality control manual with the inspector. Except for changes which do not affect the quality control program, revisions to the quality control manual shall not be implemented until such revisions are acceptable to the inspector.(K) It is essential that owner or operator valve repair organizations ensure that personnel making repairs to safety and pressure relief valves are knowledgeable and qualified. The owner or operator must provide documented training with minimum qualification requirements for the valve repair position. Specific requirements to be included in an individual's training are as follows:(i) working knowledge of the organization's quality control manual;(ii) working knowledge of the applicable requirements; and(iii) working knowledge of the technical aspects and mechanical skills for valves being repaired or tested.(L) Performance testing of repaired valves.(i) For shop valves, a test stand shall be used. The test stand shall be of a size and design to ensure clean, consistent, and repetitive pop action and response to blowdown adjustment, if possible. Test gages shall be connected to the test stand in such a manner as to indicate true pressure at the inlet of the valve being tested. Test gages shall be maintained and calibrated, at least every ninety (90) days, to a minimum of one-half of 1.0% accuracy over the upper 80% of full scale range. The use of digital gages is acceptable. All calibrations shall be documented and traceable to national standards.(ii) Valves marked for liquid service shall be set according to the applicable manufacturer's specification.(iii) Valves marked for steam service or having special internal parts for steam should be tested with steam. However, valves for steam service may be tested with air or nitrogen for correct opening (popping), pressure setting, and, if possible, blowdown adjustment, provided the differential in popping pressure between steam and air or nitrogen, as specified in the quality control manual, are applied to the popping point.(iv) Valves which are repaired in place shall be tested to demonstrate set pressure.(v) For valves which are repaired in place, a device (hydraulic, pneumatic, etc.) may be used to apply an auxiliary lifting load on the spring to a valve for testing purposes and/or making adjustments. Calibrated testing equipment shall be used and detailed testing procedures followed. In such cases, the manufacturer's recommendations shall be used to establish blowdown.(M) When a safety or pressure relief valve is repaired, a metal repair tag, as described in the quality control manual, shall be attached to the valve. As a minimum, the information on the tag will include the valve identification number, set pressure, date of repair, and certificate of authorization number.", "sourceNote": "Source Note: The provisions of this §65.614 adopted to be effective June 15, 2015, 40 TexReg 3121; amended to be effective December 1, 2024, 49 TexReg 9511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222267", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "65", "label": "BOILERS" }, "subchapter": { "number": "S", "label": "TECHNICAL REQUIREMENTS" }, "rule": { "number": "§65.615", "label": "Exhibits 1 - 9" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123023", "queryAsDate": "03/11/2026" }, "ruleBody": "The following Exhibits are integral components of the subchapter and incorporated for all purposes.(1) Exhibit 1--Hard StampingAttached Graphic(2) Exhibit 2--Unfired Steam Boiler Constructed to ASME Section VIIIAttached Graphic(3) Exhibit 3--Unfired Steam Boiler Constructed to ASME Section I Power Boiler CodeAttached Graphic(4) Exhibit 4--Process Steam Generator Attached Graphic(5) Exhibit 5--Process Steam Generator (Alternative Configuration)Attached Graphic(6) Exhibit 6--Typical Nuclear Boiler Verification BoundaryAttached Graphic(7) Exhibit 7--Minimum Pounds of Steam per HourAttached Graphic(8) Exhibit 8--Size of Bottom Blowoff Piping, Valves, and CocksAttached Graphic(9) Exhibit 9--Basic Elements of a Written Quality Control SystemAttached Graphic", "sourceNote": "Source Note: The provisions of this §65.615 adopted to be effective June 15, 2015, 40 TexReg 3121." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123023", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130783", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of the Texas Occupations Code, Chapters 51 and 1152.", "sourceNote": "Source Note: The provisions of this §66.1 adopted to be effective January 10, 1992, 16 TexReg 7742; amended to be effective August 17, 1992, 17 TexReg 5448; amended to be effective February 1, 2006, 31 TexReg 487." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130783", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197107", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Occupations Code, Chapter 1152.(2) Private Provider--An educational institution that is established, conducted, and primarily supported by a nongovernmental person, as defined by Texas Occupations Code, Chapter 1152, which meets program and accreditation standards comparable to public institutions of higher education as determined by the Texas Higher Education Coordinating Board, and which offers an educational program or course for pre-registration credit or for upgrade credit towards a senior property tax consultant registration. The term does not include a continuing education provider as defined in Chapter 59 of this title.(3) Professional Designation--The designation of Certified Member of the Institute (CMI) conferred by the Institute for Professionals in Taxation or another designation recognized by the department.(4) Real estate property tax consultant--An individual who has registered under Texas Occupations Code, §1152.155(b) or §1152.158.(5) Senior property tax consultant--A registered property tax consultant who has met the additional requirements of Texas Occupations Code, Chapter 1152, and these rules.", "sourceNote": "Source Note: The provisions of this §66.10 adopted to be effective August 17, 1992, 17 TexReg 5448; amended to be effective November 11, 1992, 17 TexReg 7661; amended to be effective February 21, 1995, 20 TexReg 890; amended to be effective October 1, 1995, 20 TexReg 7279; amended to be effective February 1, 2006, 31 TexReg 487; amended to be effective July 1, 2007, 32 TexReg 3984." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197107", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.20", "label": "Registration Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To register or renew a registration, a person must file a completed application on a form provided by the department and pay the applicable fees.(b) An applicant for a senior property tax consultant registration must pass a department-approved examination for senior property tax consultants. The standard for passing the senior property tax consultant examination shall be a score of at least 70 percent.(c) An applicant for a property tax consultant registration must pass a department-approved examination for property tax consultants. The standard for passing the property tax consultant examination shall be a score of at least 70 percent.(d) To be eligible for an original property tax consultant registration, a person must successfully complete at least 40 classroom hours of education including:(1) eight hours on the laws and rules relating to property tax consulting;(2) sixteen hours on appraisal and valuation;(3) eight hours on property tax consulting; and(4) eight hours on ethics.", "sourceNote": "Source Note: The provisions of this §66.20 adopted to be effective August 17, 1992, 17 TexReg 5448; amended to be effective November 11, 1992, 17 TexReg 7661; amended to be effective February 21, 1995, 20 TexReg 890; amended to be effective September 1, 2003, 28 TexReg 7363; amended to be effective February 1, 2006, 31 TexReg 487; amended to be effective July 1, 2007, 32 TexReg 3984; amended to be effective January 11, 2010, 35 TexReg 232; amended to be effective December 1, 2019, 44 TexReg 7182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.21", "label": "Pre-registration and Upgrade Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=132589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "132589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A private provider must be recognized by the department to offer educational programs or courses for pre-registration or upgrade credit.(b) To be recognized as a private provider, a person must:(1) file a completed application on a form provided by the department;(2) pay the applicable fees;(3) satisfy the department as to the person's ability to administer with honesty, trustworthiness, and integrity educational programs or courses approved by the department; and(4) provide satisfactory proof that the person is registered with or exempted by the Texas Workforce Commission under Title 40, Texas Administrative Code, Chapter 807, Career Schools and Colleges.(c) Each educational program or course offered by a private provider must be approved by the department before being offered for pre-registration or upgrade credit.(d) To obtain department approval for an educational program or course, or in the event of changes to a previously-approved program or course, a private provider must:(1) submit to the department for evaluation an instructor's manual for the program or course, including:(A) course description;(B) learning objectives;(C) evaluating techniques;(D) outline of the subject matter;(E) instructional strategies;(F) course participant handouts; and(G) bibliography or source of update subject matter; and(2) satisfy the department that the subject matter of the program or course is appropriate for the education of property tax consultants and is current and accurate.(e) Each educational program or course shall be reviewed in even-numbered years.(f) The executive director may recognize any appropriate program or course that is currently approved by a department or agency of the State of Texas.", "sourceNote": "Source Note: The provisions of this §66.21 adopted to be effective February 1, 2006, 31 TexReg 487; amended to be effective December 1, 2019, 44 TexReg 7182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=132589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "132589", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.22", "label": "Examination--Licensed Attorney" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130785", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An attorney who is licensed to practice law in this state may take the senior property tax consultant examination, if the attorney:(1) files an application on a form provided by the department; and(2) pays the applicable examination fee.(b) An attorney who takes the examination under this section is not required to complete any other eligibility requirements for registration as a senior property tax consultant, including:(1) applying for registration as a senior property tax consultant;(2) paying the fee for a senior property tax consultant registration; or(3) meeting the education, experience, and other requirements of Texas Occupations Code, §1152.155 and §1152.157.(c) The standard for passing the senior property tax consultant examination shall be the same as under §66.20.", "sourceNote": "Source Note: The provisions of this §66.22 adopted to be effective October 15, 2007, 32 TexReg 7261." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130785", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.23", "label": "Registration--Endorsement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197109", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department may waive any prerequisite to registration if the department determines that the applicant holds a license or registration issued by another jurisdiction that has requirements substantially equivalent to those of Texas. It is the responsibility of the applicant to furnish evidence substantiating the applicant's qualifications.(b) The department will determine on the basis of the requirements for registration in another state whether the applicant qualifies for a property tax consultant registration or a senior property tax consultant registration.(c) It is the applicant's responsibility to obtain certification of the registration issued by another state.(d) If not a resident of this state, the applicant must establish an agent for service of legal process with a resident of this state.", "sourceNote": "Source Note: The provisions of this §66.23 adopted to be effective August 17, 1992, 17 TexReg 5448; amended to be effective July 1, 2007, 32 TexReg 3984." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197109", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209294", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.(b) To renew a registration expiring before May 1, 2021, a registrant must complete 12 hours of continuing education in courses approved or recognized by the department. Except as provided in Texas Occupations Code, §1152.204(b), the continuing education hours must include the following:(1) three hours of instruction in Texas state law and rules that regulate the conduct of registrants;(2) one hour of instruction in ethics;(3) four hours of instruction in appraisal; and(4) four hours of instruction in property tax consulting.(c) To renew a registration expiring on or after May 1, 2021, a registrant must complete 24 hours of continuing education in courses approved or recognized by the department. Except as provided in Texas Occupations Code, §1152.204(b), the continuing education hours must include the following:(1) eight hours of instruction in Texas state law and rules that regulate the conduct of registrants;(2) four hours of instruction in ethics;(3) six hours of instruction in appraisal; and(4) six hours of instruction in property tax consulting.(d) The continuing education hours must be completed within the term of the current registration, in the case of a timely renewal. For a late renewal of a registration expiring before May 1, 2021, the continuing education hours must be completed within the one-year period immediately prior to the date of renewal. For a late renewal of a registration expiring on or after May 1, 2021, the continuing education hours must be completed within the two-year period immediately prior to the date of renewal.(e) A registrant may not receive continuing education credit for attending the same course more than once during the one-year period for which the course is approved.(f) A registrant shall retain a copy of the certificate of completion for a course for two years after the date of completion. In conducting any inspection or investigation of the registrant, the department may examine the registrant's records to determine compliance with this subsection.(g) To be approved under Chapter 59 of this title, a continuing education provider's course must be dedicated to instruction in one or more of the topics listed in subsections (b) and (c), and the continuing education provider must be registered under Chapter 59 of this title.(h) A continuing education course recognized by the department under Texas Occupations Code, §1152.204(b) is not required to be approved under Chapter 59 of this title, and the provider of such a course is not required to be registered under Chapter 59 of this title.", "sourceNote": "Source Note: The provisions of this §66.25 adopted to be effective February 1, 2006, 31 TexReg 487; amended to be effective July 1, 2007, 32 TexReg 3984; amended to be effective December 1, 2019, 44 TexReg 7182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209294", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.65", "label": "Advisory Council" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197110", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of the Property Tax Consultants Advisory Council is to advise the commission on standards of practice, conduct, and ethics for registrants, fees, examination contents, and standards of performance for senior property tax consultant examinations, recognition of continuing educational programs and courses, and establishing educational requirements for initial applicants.(b) Recommendations of the council will be transmitted to the commission through the executive director.(c) Expenses reimbursed to council members shall be limited to authorized expenses incurred while on council business and traveling to and from council meetings. The least expensive method of travel should be used. Expenses can be reimbursed to council members only when the legislature has specifically appropriated money for that purpose, and only to the extent of the appropriation.(d) Expenses paid to council members shall be limited to those allowed by the State of Texas Travel Allowance Guide and Texas Department of Licensing and Regulation policies governing travel allowances for employees.", "sourceNote": "Source Note: The provisions of this §66.65 adopted to be effective January 7, 1994, 18 TexReg 9928; amended to be effective February 21, 1995, 20 TexReg 890; amended to be effective October 1, 1995, 20 TexReg 7279; amended to be effective February 1, 2006, 31 TexReg 487; amended to be effective July 1, 2022, 47 TexReg 3666." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197110", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.70", "label": "Responsibilities of Registrant--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123026", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant may not allow an employee or associate to perform property tax consulting services without first obtaining registration.(b) A registrant shall list the following information on all written contracts: \"Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov.\"(c) All registrants shall report any change of address to the department within 30 days after the change.(d) Individuals who are registered under Texas Occupations Code, §1152.158 may not perform property tax consulting services for compensation in connection with personal property.(e) A registered property tax consultant must be either:(1) employed by or have an association with a registered senior property tax consultant and be under the direct supervision of the senior property tax consultant, and there must be a legitimate employee/employer relationship or business association established; or(2) employed by or associated with and acting for an attorney who is licensed to practice law in this state and who has successfully completed the senior property tax consultant registration examination under §66.22.(f) The requirements of subsection (e) do not apply to a real estate property tax consultant.(g) A registered property tax consultant shall notify the department in writing of any change in employment or association within 30 days after the change.", "sourceNote": "Source Note: The provisions of this §66.70 adopted to be effective August 17, 1992, 17 TexReg 5448; amended to be effective February 1, 2006, 31 TexReg 487; amended to be effective July 1, 2007, 32 TexReg 3984; amended to be effective October 15, 2007, 32 TexReg 7261; amended to be effective September 1, 2015, 40 TexReg 5146; amended to be effective December 1, 2019, 44 TexReg 7182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123026", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.71", "label": "Responsibilities of Registrant--Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123027", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The registrant must allow the department, as part of an inspection or investigation, to enter his business premises during reasonable business hours to examine and copy any records that are pertinent to an inspection or investigation being conducted.(b) Client records shall be maintained for not less than three years following the date last action was taken or service performed on behalf of the client.", "sourceNote": "Source Note: The provisions of this §66.71 adopted to be effective August 17, 1992, 17 TexReg 5448; amended to be effective October 1, 1995, 20 TexReg 7279; amended to be effective February 1, 2006, 31 TexReg 487." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123027", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.72", "label": "Responsibilities of Registrant--Private Provider" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following statement shall be used on all advertising and registration forms: \"This course has been approved by the Texas Department of Licensing and Regulation for ________ pre-registration education hours including ________ hours of legal education pertaining to Property Tax Consulting. This course has been approved for ________ credits which count toward qualification for Senior Property Tax Consultant.\"(b) Providers shall retain student attendance records for a period of three years, make copies available to former students, and provide copies to the department upon request.(c) A certificate shall be provided to the participant and shall include actual hours attended.(d) To determine compliance with this chapter, the department may perform on-site audits of any program or course offered by a private provider. Audits may be conducted without prior notice to the private provider, and department employees may enroll and attend a program or course without identifying themselves as department employees. A department employee performing an audit may not be required to pay any fee to a private provider for enrolling in or attending a program or course.(e) Private providers and instructors shall fully assist any employee of the department in the performance of an audit or investigation of complaint, and shall provide requested information within the time frame set by the department.", "sourceNote": "Source Note: The provisions of this §66.72 adopted to be effective January 7, 1994, 18 TexReg 9928; amended to be effective February 21, 1995, 20 TexReg 890; amended to be effective February 1, 2006, 31 TexReg 487." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197111", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130788", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The non-refundable original application fee for a property tax consultant is $25.(b) The non-refundable original application fee for a senior property tax consultant is $75.(c) The refundable original registration fee for a property tax consultant is $25.(d) The refundable original registration fee for a senior property tax consultant is $40.(e) The fee for the timely renewal of a property tax consultant's, senior property tax consultant's and real estate property tax consultant's registration is $135.(f) Revised/Duplicate License/Certificate/Permit/Registration--$25.(g) Late renewal fees for registrations issued under this chapter are provided for in §60.83 of this title (relating to Late Renewal Fees).(h) The fee for recognition as a private provider is $0.(i) A private provider shall pay no annual fee.", "sourceNote": "Source Note: The provisions of this §66.80 adopted to be effective August 17, 1992, 17 TexReg 5448; amended to be effective September 1, 2003, 28 TexReg 7363; amended to be effective May 1, 2005, 30 TexReg 2504; amended to be effective February 1, 2006, 31 TexReg 487; amended to be effective January 1, 2014, 38 TexReg 9506; amended to be effective January 1, 2016, 40 TexReg 8756; amended to be effective December 1, 2019, 44 TexReg 7182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130788", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.90", "label": "Sanctions--Administrative Sanctions/Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123030", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates the Act, or a rule or order adopted or issued by the commission or executive director relating to the Act, the department may institute proceedings to impose administrative sanctions and/or administrative penalties in accordance with Texas Occupations Code, Chapter 51.", "sourceNote": "Source Note: The provisions of this §66.90 adopted to be effective August 17, 1992, 17 TexReg 5448; amended to be effective February 1, 2006, 31 TexReg 487; amended to be effective July 1, 2007, 32 TexReg 3984." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123030", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "66", "label": "REGISTRATION OF PROPERTY TAX CONSULTANTS" }, "rule": { "number": "§66.100", "label": "Code of Ethics and Professional Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "105811", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant shall not participate, whether individually, or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act or commission rule.(b) A registrant shall not directly or indirectly or in any manner whatsoever lend his/her registration or identification to any person, firm or corporation for the purpose of evading any provision of the Act or commission rule.(c) A registrant shall exercise reasonable care and diligence to prevent persons under his/her supervision from engaging in conduct which would violate any provision of the Act or commission rule.(d) A registrant shall not engage in any activity that constitutes dishonesty, fraud, or gross incompetence while performing property tax consulting services.(e) A registrant shall promptly report to the department any known violation of the Act or commission rule.(f) A registrant shall cooperate fully with the department in the investigation of an alleged violation of the Act or commission rule.(g) A registrant shall not offer or promise anything of value with the intent of inducing a person who is performing a public duty to perform or fail to perform any act related to such public duty.(h) A registrant shall not contract for or accept compensation or anything of value for services not performed.(i) A registrant shall not knowingly or intentionally engage in any false or misleading conduct or advertising with respect to client solicitation.(j) A registrant shall not knowingly furnish inaccurate, deceitful, or misleading information to a client or employer, a prospective client or employer, or a public agency or representative of a public agency.(k) A registrant shall not reveal information known to be confidential unless the release of such information is authorized by the source or required by law.(l) A registrant shall not state or imply that the registrant represents a person or firm that the registrant does not in fact represent.(m) A registrant shall not solicit or advertise property tax consulting services by claiming a specific result or stating a conclusion regarding such services without prior analysis of the facts and circumstances pertaining thereto.", "sourceNote": "Source Note: The provisions of this §66.100 adopted to be effective February 1, 2006, 31 TexReg 487." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "105811", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165424", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of the Texas Occupations Code, Chapter 1802, Auctioneers and the Texas Occupations Code, Chapter 51, Texas Department of Licensing and Regulation.", "sourceNote": "Source Note: The provisions of this §67.1 adopted to be effective April 18, 1990, 15 TexReg 1959; amended to be effective April 17, 1992, 17 TexReg 2393; amended to be effective December 1, 2003, 28 TexReg 10456." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165424", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204336", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Advertisement--Any written, print, or broadcast commercial message that promotes the services of an auctioneer. For purposes of this chapter and the Texas Occupations Code, a general listing in a telephone directory that does not otherwise solicit auction business is not an advertisement.(2) Auction listing contract--An agreement executed by the auctioneer and the seller which authorizes the auctioneer to conduct the auction, identifies the property to be sold at auction, and sets out the terms of the agreement and the rights and responsibilities of each party. This includes seller and consignment contracts.(3) Auction without reserve (also called Absolute Auction)--An auction in which property put up for sale is sold to the highest bidder, where the seller may not withdraw the property from the auction after the auctioneer calls for bids unless no bid is made in a reasonable time, and where the seller may not bid himself or through an agent.(4) Auction with reserve--An auction in which the seller or his agent reserves the right to establish a minimum bid, accept or reject any and all bids, and withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer.(5) Operated--To have fiduciary and operational responsibilities for an auction company's auctions conducted in Texas.", "sourceNote": "Source Note: The provisions of this §67.10 adopted to be effective January 27, 1993, 18 TexReg 301; amended to be effective June 1, 1993, 18 TexReg 3241; amended to be effective January 7, 1994, 18 TexReg 9928; amended to be effective February 13, 1995, 20 TexReg 564; amended to be effective December 1, 2006, 31 TexReg 9601; amended to be effective January 1, 2014, 38 TexReg 9507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204336", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.20", "label": "License Requirements--Auctioneer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220367", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for licensure as an auctioneer must submit a completed application along with required fees.(b) To obtain a license as an auctioneer an applicant must:(1) be at least 18 years of age;(2) be a citizen of the United States or a legal alien; and(3) either:(A) pass a written or oral examination provided by the department; or(B) provide proof of employment and licensure as an associate auctioneer for at least two (2) years, and of having participated in at least ten (10) auctions, as described in §67.72(c);(4) hold a high school diploma or a high school equivalency certificate; and(5) show proof of successful completion of at least eighty (80) hours of classroom instruction at an auction school with a curriculum approved by the department.", "sourceNote": "Source Note: The provisions of this §67.20 adopted to be effective April 18, 1990, 15 TexReg 1959; amended to be effective April 17, 1992, 17 TexReg 2393; amended to be effective January 27, 1993, 18 TexReg 301; amended to be effective December 1, 2003, 28 TexReg 10456; amended to be effective December 1, 2006, 31 TexReg 9601; amended to be effective January 1, 2014, 38 TexReg 9507; amended to be effective February 15, 2016, 41 TexReg 799; amended to be effective April 1, 2021, 46 TexReg 2002." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220367", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.21", "label": "License Requirements--Associate Auctioneers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128245", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant for licensure as an associate must:(1) submit a completed application along with required fees;(2) work under the direct supervision of an auctioneer licensed under this chapter; and(3) either be a citizen of the United States or a legal alien.", "sourceNote": "Source Note: The provisions of this §67.21 adopted to be effective February 15, 2016, 41 TexReg 799; amended to be effective September 1, 2024, 49 TexReg 6446." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128245", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.22", "label": "License Requirements--Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128246", "queryAsDate": "03/11/2026" }, "ruleBody": "If an applicant fails the examination twice during the one year application period, the application will be terminated and the applicant may not reapply until one year from the date of the second failure.", "sourceNote": "Source Note: The provisions of this §67.22 adopted to be effective January 27, 1993, 18 TexReg 301; amended to be effective June 1, 1993, 18 TexReg 3241; amended to be effective February 13, 1995, 20 TexReg 564; amended to be effective May 7, 1996, 21 TexReg 3607; amended to be effective December 1, 2006, 31 TexReg 9601." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128246", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.23", "label": "Pre-licensure Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128247", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Proprietary auction schools having a Certificate of Approval issued by the Texas Workforce Commission may obtain department approval by submitting an application for Auction School Registration along with the certification and payment of the curriculum review fee.(b) Other auction schools submitting an application for Auction School Registration will be reviewed on a case by case basis to assure that licensing applicants presenting credentials from the schools will have completed at least 80 hours of classroom instruction in courses relating to auctions.", "sourceNote": "Source Note: The provisions of this §67.23 adopted to be effective December 1, 2006, 31 TexReg 9601." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128247", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.24", "label": "License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176282", "queryAsDate": "03/11/2026" }, "ruleBody": "Licenses expire one year from the date of issuance and must be renewed by that date to avoid late renewal fees.", "sourceNote": "Source Note: The provisions of this §67.24 adopted to be effective December 1, 2006, 31 TexReg 9601." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176282", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176283", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.(b) To renew a license as an auctioneer or associate auctioneer, a licensee must complete six hours of continuing education in courses approved by the department, including two hours of instruction in laws and rules that regulate the conduct of auctioneers and associate auctioneers.(c) The continuing education hours must have been completed within the term of the current license, in the case of a timely renewal. For a late renewal, the continuing education hours must have been completed within the one year period immediately prior to the date of renewal.(d) A licensee may not receive continuing education credit for attending the same course more than once.(e) A licensee must retain a copy of the certificate of completion for a course for one year after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.(f) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:(1) Texas Occupations Code, Chapter 1802, Auctioneers;(2) Title 16, Texas Administrative Code, Chapter 67, Auctioneers Administrative Rules;(3) other laws and rules that regulate the conduct of auctioneers and associate auctioneers;(4) auction-related laws, such as the Uniform Commercial Code - Sales, Title 1, Chapter 2, Texas Business and Commerce Code §2.328 and the Deceptive Trade Practices - Consumer Protection Act, Chapter 17, Subchapter E, Texas Business and Commerce Code; or(5) business practices, such as insurance, auction ethics, contracts, maintenance of trust accounts, and marketing.(g) A licensee whose license has been placed on inactive status, pursuant to Texas Occupations Code, §51.4011 is not required to complete continuing education as required by this section until the licensee seeks to change to 'active' status.", "sourceNote": "Source Note: The provisions of this §67.25 adopted to be effective June 1, 2005, 30 TexReg 3094; amended to be effective December 1, 2006, 31 TexReg 9601; amended to be effective April 30, 2012, 37 TexReg 3075; amended to be effective January 1, 2014, 38 TexReg 9507; amended to be effective February 15, 2016, 41 TexReg 799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176283", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220368", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An auction of property by live bid call, if the property is solely bid upon through the internet, is not subject to this chapter or Texas Occupations Code, Chapter 1802 and is exempt under §1802.002(4).(b) For purposes of this chapter and Texas Occupations Code, Chapter 1802, the sale of real or personal property is not considered to be a competitive bid subject to this chapter if all of the material terms of the transaction other than price are not the same.(c) This chapter does not apply to a person providing an online platform to facilitate an auction.", "sourceNote": "Source Note: The provisions of this §67.30 adopted to be effective January 1, 2014, 38 TexReg 9507; amended to be effective February 15, 2016, 41 TexReg 799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220368", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.40", "label": "Auctioneer Education and Recovery Fund" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220369", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In each year in which the balance of the Auctioneer Education and Recovery Fund is less than $350,000 the department will determine the fee that shall be paid by all license holders into the Auctioneer Education and Recovery Fund (the Fund).(b) The necessity for assessing the fee will be determined by the department based on the Fund balance on each August 31st. The fee shall be paid in addition to the renewal fee. The renewal notice sent by the department will reflect the fee due to the Fund.(c) Applicants for an auctioneer license shall pay the initial recovery fee to the Fund before a license will be issued.(d) If the department determines, either through an agreement with the auctioneer or after a hearing held on a disputed amount, that the auctioneer owes to a single aggrieved party damages greater than the maximum of $15,000 for all claims arising from a single auction, the auctioneer must pay the amount not paid by the department to the aggrieved party.(e) The total payment from the Fund of claims against an auctioneer arising from a single auction may not exceed $100,000. If additional claims are filed before the auctioneer has reimbursed the Fund and repaid any amounts due an aggrieved party, the department shall hold a hearing to determine if the additional claims must be satisfied by the auctioneer before the department issues or renews a license, whether probated or not.(f) If there is a determination, either by the department or after a hearing, that the auctioneer owes damages to more than one aggrieved party arising out of one auction at one location, and the sum of all damages owed exceeds $100,000, the department shall prorate $100,000 from the Fund among the aggrieved parties, and the auctioneer must pay the amount not paid to each of the aggrieved parties.(g) If a claim is paid against an auctioneer, and the auctioneer cannot immediately reimburse the Fund, the executive director may allow the auctioneer to sign an agreement with the department to reimburse the Fund at the applicable rate described below plus the interest accrued on the unpaid principal during the prior month at the rate of 8 percent per year.(h) If an amount is due an aggrieved party, and the auctioneer cannot immediately pay the aggrieved party, the executive director may allow the auctioneer to sign an agreement with the party to reimburse the aggrieved party at the applicable rate described below plus the interest accrued on the unpaid principal during the prior month at the rate of 8 percent per year.(i) The department may revoke, or deny the renewal of, the license of an auctioneer or associate auctioneer if:(1) the department makes a payment from the Fund arising out of the actions of the license holder; or(2) the license holder has not repaid the department the entire amount paid from the Fund, including interest.(j) Reimbursement of the principal owed is to be paid in monthly installments determined by agreement between the department and the auctioneer with consideration given to input from any aggrieved party. If an agreement is not reached, monthly installments shall be determined as a percentage of the initial principal amount according to the following schedule:(1) $0.01 - $500.00--20%(2) $500.01 - $1,000--10%(3) $1,000.01 - $3,000.00--5%(4) $3,000.01 and over--3%", "sourceNote": "Source Note: The provisions of this §67.40 adopted to be effective April 3, 2001, 26 TexReg 2538; amended to be effective December 1, 2006, 31 TexReg 9601; amended to be effective January 1, 2014, 38 TexReg 9507; amended to be effective September 1, 2024, 49 TexReg 6446." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220369", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.65", "label": "Auctioneer Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220370", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board is established to advise the commission on educational matters, operational matters, and common practices within the auction industry, including those matters relating to use of the educational trust fund established with fees collected for the auctioneer education and recovery fund.(b) Recommendations of the board will be transmitted to the commission.(c) One member shall be the administrative head, or the administrative head's designee, of any state agency or office that is selected by the commission.(d) In appointing advisory board members, the presiding officer of the commission shall consider the geographical diversity of the members.", "sourceNote": "Source Note: The provisions of this §67.65 adopted to be effective January 7, 1994, 18 TexReg 9928; amended to be effective December 1, 2003, 28 TexReg 10456; amended to be effective December 1, 2006, 31 TexReg 9601; amended to be effective January 1, 2014, 38 TexReg 9507; amended to be effective February 15, 2016, 41 TexReg 799; amended to be effective July 1, 2022, 47 TexReg 3667; amended to be effective September 1, 2024, 49 TexReg 6446." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220370", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.66", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220371", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory board serve six-year terms. The terms expire on September 1st of each odd-numbered year.(b) Members may not serve more than two consecutive terms.(c) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.", "sourceNote": "Source Note: The provisions of this §67.66 adopted to be effective September 1, 2024, 49 TexReg 6446." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220371", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.70", "label": "Auctioneer Standards of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220372", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Advertising(1) All advertisements designed to solicit auction business, including the advertisement of an auction, shall include the auctioneer's name as it appears on the license and the license number.(2) If an auctioneer advertises an auction as \"absolute\" or \"without reserve\", no lots included may have a minimum bid. Advertising may include the wording \"many lots are without reserve\"; however, the auction may not be titled, headed or called an \"absolute\" or \"without reserve\" auction unless all lots meet the criteria.(3) An auctioneer who intends to charge a buyer's premium at an auction must state this condition and the amount of the buyer's premium in all advertising for the auction.(4) An auctioneer may not make a false or misleading statement in an advertisement.(b) Recordkeeping(1) An auctioneer must furnish to the department the name, including assumed names, addresses, website, or social media pages, and telephone numbers of all auction companies that the auctioneer owns or operates.(2) An auctioneer must report any change of address to the department in writing within thirty (30) days of the change.(3) Each licensed auctioneer shall keep records relative to all auctions for a minimum of two (2) years from the date of the sale.(4) An auctioneer who agrees to provide services to a party shall provide a written contract with the terms of the agreement. The contract and all terms must be agreed and signed before any auction occurs.(5) Each contract for the services of an auctioneer must include information required by the commission by rule.(6) Before any auction, the auctioneer and party must agree in writing to an itemized inventory of property to be sold or offered for sale by the auctioneer at auction. An amendment to the inventory must be in writing and signed by both parties.(7) The records for each auction must state the name(s) and address of the owners of the property auctioned, the date of the sale, the name of the auctioneer and clerk of the sale, the gross proceeds, the location and account number of the auctioneer's trust or escrow account, an itemized list of all expenses charged to the consignor or seller, a list of all purchasers at the auction and a description and selling price for each item sold.(8) The auctioneer shall keep, as part of the records for each auction, all documents relating to the auction. These documents shall include, but are not limited to, settlement sheets, written contracts, inventories of property, copies of advertising and clerk sheets.(9) These documents include records and documents online.(10) Each licensed auctioneer must:(A) Maintain a separate trust or escrow account in a federally insured bank or savings and loan association, in which shall be deposited all funds belonging to others which come into the auctioneer's possession and control.(B) Deposit all proceeds from an auction into the trust or escrow account within seventy-two (72) hours of the auction unless the owner or consignor of the property auctioned is paid immediately after the sale or the written contract stipulates other terms, such as sight drafts.(C) Pay any public monies, including, but not limited to state sales tax, received into the State Treasury at the times and as per the regulations prescribed by law; and(D) Pay all amounts due the seller or consignor within fifteen (15) banking days of the auction unless otherwise required by statute or a written contract between license holder and seller.(11) A licensed auctioneer shall cooperate with the department in the performance of an investigation. This includes, but is not limited to, responding to requests from the department, including producing requested documents or other information, within thirty (30) days of request.(12) The failure of a licensed auctioneer to timely pay a consignor may subject the licensed auctioneer to a claim under the Auctioneer Education and Recovery Fund.(c) At auction(1) Before beginning an auction, a licensee must ensure the announcement of, give notice, display notice or disclose:(A) that the auctioneer conducting the sale is licensed by the department;(B) the terms and conditions of the sale including whether a buyer's premium will be assessed; and(C) if the owner, consignor, or agent thereof has reserved the right to bid.(2) A licensee may not allow any person who is not either a Texas licensed auctioneer or associate auctioneer who is directly supervised by a licensed auctioneer, to call bids at a sale.(3) A licensee may not knowingly use or permit the use of false bidders at any auction.(4) All licensed auctioneers shall notify consumers and service recipients of the department's name, mailing address, telephone number and website \"www.tdlr.texas.gov\" for purposes of directing complaints to the department. The notification shall be included on any auction listing contract and on at least one of the following:(A) A sign prominently displayed at the place of the auction or on any auction website;(B) Bills of sale or receipt to be given to buyers; or(C) Bidder cards.", "sourceNote": "Source Note: The provisions of this §67.70 adopted to be effective February 15, 2016, 41 TexReg 799; amended to be effective September 1, 2024, 49 TexReg 6446." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220372", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.71", "label": "Requirements--Sponsoring Auctioneer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176287", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Associate Auctioneer must work under the direct supervision of a licensed Auctioneer to maintain licensure.(b) A sponsoring auctioneer must be on the premises and directly supervising an associate auctioneer when the associate is bid calling.(c) A sponsoring auctioneer is responsible for supervision of an associate auctioneer as the associate performs the items listed in §67.72(c).(d) An auctioneer who terminates the sponsorship of an associate auctioneer must:(1) within thirty (30) days notify the department in writing; and(2) provide signed documentation to the associate auctioneer showing:(A) the beginning and ending date of sponsorship;(B) date and location of up to ten (10) auctions bid called by the associate;(C) items listed in §67.72(c), that the associate has performed.", "sourceNote": "Source Note: The provisions of this §67.71 adopted to be effective February 15, 2016, 41 TexReg 799; amended to be effective September 1, 2024, 49 TexReg 6446." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176287", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.72", "label": "Requirements--Associate Auctioneers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176288", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An associate auctioneer shall provide auction services only when under the supervision of the licensed Texas auctioneer whose name is on file with the department as the associate's sponsoring auctioneer.(b) When bid calling, an associate auctioneer must be under the direct on-premises supervision of the sponsoring auctioneer.(c) In order to be eligible for licensure as an auctioneer without taking the examination, an associate auctioneer must participate in all aspects of the auction business involving the laws of this state, in at least ten (10) auctions including but not limited to:(1) appraising;(2) inventorying;(3) advertising;(4) property make ready;(5) site selection and preparation;(6) lotting;(7) registration;(8) clerking;(9) cashiering;(10) bid-calling;(11) ring working;(12) property check out;(13) security;(14) accounting; and(15) escrow account procedures.(d) An associate auctioneer must report any change of address to the department within thirty (30) days.(e) When a sponsoring auctioneer terminates the sponsorship of an associate auctioneer, the associate may not provide auction services until an agreement with a new sponsoring auctioneer, whose name and signature are on file with the department, has been made.", "sourceNote": "Source Note: The provisions of this §67.72 adopted to be effective February 15, 2016, 41 TexReg 799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176288", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220373", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application fee for an auctioneer license is $50.(b) The application fee for an associate auctioneer license is $25.(c) The annual application fee to renew an auctioneer license is $50.(d) The annual fee to renew an associate auctioneer license is $25.(e) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(f) Inactive License Status--Auctioneer(1) The fee to place a license on 'inactive' status--no charge.(2) The fee to renew a license on 'inactive' status--renewal fee as stated in subsection (c) or (d).(3) The fee to change from 'inactive' status to 'active status' is $25.(g) Revised/Duplicate License/Certificate/Permit/Registration--$25(h) A $250 curriculum review fee will be assessed to all schools submitting their curriculum for review and approval by the department.(i) The initial recovery fund fee is $50.(j) All fees are non-refundable.", "sourceNote": "Source Note: The provisions of this §67.80 adopted to be effective April 18, 1990, 15 TexReg 1959; amended to be effective September 30, 1994, 19 TexReg 7272; amended to be effective December 1, 2004, 29 TexReg 11028; amended to be effective December 1, 2006, 31 TexReg 9601; amended to be effective November 1, 2008, 33 TexReg 8787; amended to be effective April 30, 2012, 37 TexReg 3075; amended to be effective January 1, 2014, 38 TexReg 9510; amended to be effective February 15, 2016, 41 TexReg 799." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220373", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "67", "label": "AUCTIONEERS" }, "rule": { "number": "§67.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214903", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code, Chapter 1802, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 1802; Texas Occupations Code, Chapter 51; and any associated rules.", "sourceNote": "Source Note: The provisions of this §67.90 adopted to be effective September 1, 2024, 49 TexReg 6446." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214903", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§68.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214904", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of Texas Government Code, Chapter 469, Elimination of Architectural Barriers, and Texas Occupations Code, Chapter 51.", "sourceNote": "Source Note: The provisions of this §68.1 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214904", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§68.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214905", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Government Code, Chapter 469, Elimination of Architectural Barriers.(2) Alteration-- A renovation, modification, or change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Re-roofing, painting, or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.(3) Building--Any structure located in the State of Texas used or intended for supporting or sheltering any use or occupancy.(4) Commencement of Construction--The date of placement of engineering stakes, delivery of lumber or other construction materials to the job site, erection of batter boards, formwork, or other construction related work.(5) Completion of Construction--The date when a construction project results in occupancy or the issuance of a certificate of occupancy. For public roadway projects, completion of construction occurs upon final payment and release of the contractor performing the work or, if the work is performed by public employees, removal of barricades and opening of all traffic lanes for use.(6) Construction Documents--Drawings, specifications, addenda, change orders, construction change directives and other supplemental documents prepared for the purpose of regulatory approval, permitting, or construction.(7) Crosswalk--That part of a roadway where motorists are required to yield to pedestrians crossing, as defined by state and local regulations, whether marked or unmarked.(8) Curb Line--A line that represents the extension of the face of the curb and marks the transition between the sidewalk and the gutter or roadway at a curb ramp or flush landing.(9) Day--A calendar day.(10) Department--The Texas Department of Licensing and Regulation.(11) Designated Agent--An individual designated in writing by the owner to act on the owner's behalf.(12) Element--An architectural or mechanical component of a building, facility, space, or site, e.g., telephone, curb ramp, door, drinking fountain, seating, water closet, or public right-of-way.(13) Estimated Construction Cost--Includes all costs for construction of a project except site acquisition, architectural, engineering and consulting fees, furniture, and equipment unless the equipment is part of the mechanical, electrical, or plumbing systems.(14) Facility--All or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways located on a site e.g. complexes, equipment, roads, walks, passageways, parking lots, or other real property subject to the Act.(15) Housing at a Place of Education--Public or privately funded housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.(16) Issue--To mail, deliver, transmit, or otherwise release plans or specifications to an owner, lessee, contractor, subcontractor, or any other person acting for an owner or lessee for the purpose of construction, applying for a building permit, or obtaining regulatory approval after such plans have been sealed by an architect, registered interior designer, landscape architect, or engineer. In the case of a state-funded or other public works project, it is the time at which plans or specifications are publicly posted for bids, after such plans or specifications have been sealed by an architect, registered interior designer, landscape architect, or engineer.(17) Overall Responsibility--The level of responsibility held by an architect, registered interior designer, landscape architect or engineer who prepares construction documents and coordinates the various aspects of the design of a building or facility.(18) Owner--The person(s) that hold(s) title to the building or facility subject to compliance with the Act, TAS, and this chapter.(19) Pedestrian Access Route--A continuous and unobstructed path of travel provided for pedestrians with disabilities within or coinciding with a pedestrian circulation path.(20) Pedestrian Elements--Components that make up a pedestrian access route including, but not limited to walking surfaces, ramps, curb ramps, crosswalks, pedestrian overpasses and underpasses, automated pedestrian signals, elevators, and platform lifts.(21) Person--An individual, corporation, partnership, or other legal entity, including a state agency or governmental subdivision.(22) Project File--Records retained, uploaded, or submitted to TABS.(23) Public Entity--Any state government agency or unit of local government or special purposes district.(24) Public Right-of-Way--Public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes.(25) Registered Accessibility Specialist--An individual who is certified by the department to perform review and inspection functions of the department.(26) Religious Organization--An organization that qualifies for an exemption from taxation, as a religious organization as provided in Texas Tax Code, Chapter 11, §11.20(c).(27) Sidewalk--That portion of an exterior circulation path that is improved for use by pedestrians and usually paved.(28) Texas Accessibility Standards (TAS)--The collection of scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities, periodically adopted by the Texas Commission of Licensing and Regulation.(29) Texas Architectural Barriers Online System (TABS)--The online database for the registration of projects subject to the TAS and maintenance of project records.", "sourceNote": "Source Note: The provisions of this §68.10 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214905", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§68.11", "label": "Technical Standards and Technical Memoranda" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214906", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Commission of Licensing and Regulation adopts by reference the 2012 Edition of the Texas Accessibility Standards (TAS), effective March 15, 2012.(b) The department may publish memoranda to provide clarification of technical matters relating to the Act, TAS, and this chapter.", "sourceNote": "Source Note: The provisions of this §68.11 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214906", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§68.12", "label": "Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215073", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To meet the requirements of this chapter, only forms prescribed by the department will be accepted.(b) Project registration forms submitted to a registered accessibility specialist by an owner must be uploaded in TABS.(c) The unauthorized alteration of a department form in any manner is prohibited.(d) A form that has not been completed will not be accepted.(e) It is a violation of this chapter to provide false or misleading information when submitting a registration forms or project information to the department.", "sourceNote": "Source Note: The provisions of this §68.12 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215073", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "B", "label": "REGISTRATION REQUIREMENTS; EXEMPTIONS" }, "rule": { "number": "§68.20", "label": "Buildings and Facilities Subject to Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215074&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215074", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All buildings or facilities listed under this section are subject to compliance with the Act, TAS, and this chapter, regardless of the estimated cost of construction, unless exempted under §68.30.(b) The following buildings and facilities are subject to compliance with the Act, TAS, and this chapter:(1) A building or facility used by a public entity if it is constructed, renovated, or modified, in whole or in part, on or after January 1, 1970, using funds from the state or a county, municipality, or other political subdivision of the state.(2) A building or facility leased for use or occupied, in whole or in part, by the state under a lease or rental agreement entered into on or after January 1, 1972, except as modified under §68.22.(c) The following private buildings and facilities constructed, renovated, or modified on or after January 1, 1992, and defined as a \"public accommodation\" by Section 301, Americans with Disabilities Act of 1990 (42 U.S.C. Section 12181), and its subsequent amendments are subject to the Act, TAS, and this chapter:(1) A place of lodging that includes guest rooms for short-term stays of 30 days or less where the occupant does not have the right to return to a specific room or unit after the conclusion of their stay, and under conditions and with amenities similar to a hotel, motel, or inn.(A) Amenities include:(i) on or off-site management and reservations service;(ii) rooms available on a walk-up or call-in basis;(iii) available housekeeping or linen service; and(iv) acceptance of reservations for a guest room type without guaranteeing a particular unit or room until checking in, and without prior lease or security deposit.(B) A place of transient lodging with no more than five rooms for rent or hire that is occupied by the proprietor as the proprietor's primary residence as provided under §68.30 is not subject to this section.(2) an establishment that serves food or drinks, including a restaurant or bar;(3) a sports or entertainment venue, including a movie theater, concert hall, stadium, or other place of exhibition or entertainment;(4) a public gathering venue, including an auditorium, convention center, or lecture hall;(5) a retail establishment or shopping center;(6) a service establishment, including a laundromat, dry-cleaner, bank, barber shop, salon, gas station, professional office, medical facility, health care provider, or hospital;(7) a public transportation station, including a terminal or depot;(8) a place of recreation, including a park, zoo, or amusement park;(9) a place of public display or collection, including a museum, library or gallery;(10) a place of education, including a day care center, elementary, secondary, undergraduate, or postgraduate private school;(11) a social service center establishment, including a senior citizen center, homeless shelter, food bank, or adoption agency;(12) a place of exercise or recreation, including a gymnasium, health spa, bowling alley, or golf course;(13) a residential amenity space open to the public which is used, leased, or rented to residents, members, non-residents, or non-members; and(14) a building or facility that is constructed, renovated, or modified on a temporary or emergency basis including workforce housing, man camps, fixed furniture systems, wall systems, and exhibit areas.(d) A commercial facility is subject to the Act, this chapter, and compliance with TAS if it is intended for non-residential use by a private entity and its operations will affect commerce, except for railroad locomotives, railroad freight cars, railroad cabooses, commuter or intercity passenger rail cars or any other railroad cars described in the Americans with Disabilities Act (ADA) §242, or covered under the ADA, Title III, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the federal Fair Housing Act of 1968.(e) A building or facility of a religious organization is subject to the Act, this chapter, and compliance with TAS except for areas as provided under §68.30.", "sourceNote": "Source Note: The provisions of this §68.20 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215074&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215074", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "B", "label": "REGISTRATION REQUIREMENTS; EXEMPTIONS" }, "rule": { "number": "§68.21", "label": "Registration of Project or Lease Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215075", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Projects registration required. A building or facility being constructed, renovated, or modified with an estimated construction cost of $50,000 or more that is subject to compliance with the Act, the TAS, and this chapter must be registered with the department. To register a construction project, an owner must submit:(1) an application on a form as prescribed by the department; and(2) the required fee in §68.80.(b) State lease registration required. A new or renewal lease agreement for an agency of the state of Texas with annual lease expense $12,000 or more must be registered with the department. To register a lease, a state agency must submit:(1) an application on a form as prescribed by the department; and(2) the required fee in §68.80.(c) Project registration optional. A building or facility being constructed, renovated, or modified with an estimated construction cost of less than $50,000 or that is not subject to the Act may be registered with the department and reviewed and/or inspected by a registered accessibility specialist.", "sourceNote": "Source Note: The provisions of this §68.21 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215075", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "B", "label": "REGISTRATION REQUIREMENTS; EXEMPTIONS" }, "rule": { "number": "§68.22", "label": "State Leases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215076", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) State leased buildings or facilities with an annual lease expense of $12,000 or more must be registered with the department in accordance with §68.21.(b) Buildings or facilities that are leased or occupied in whole or in part for use by the state, shall meet the following requirements of TAS:(1) New construction shall comply with TAS 201.1.(2) Additions shall comply with TAS 202.2.(3) Alterations shall comply with TAS 202.3 and 202.4.(4) Historic buildings or facilities shall comply with TAS 202.5.(5) Existing buildings and facilities are ones that have not been constructed, renovated, or modified since April 1, 1994. In an existing building or facility, where alterations are not planned or the planned alterations will not affect an area containing a primary function, the following minimum requirements shall apply:(A) If parking is required as part of the lease agreement or is provided to serve the leased area, accessible parking spaces shall comply with TAS 208 and 502.(B) An accessible route from the parking area(s) shall comply with TAS 206 and 402.(C) At least one entrance serving the leased space shall comply with TAS 206.4.5 and 404.(D) If toilet rooms or bathrooms are required by the lease agreement or are provided to serve the leased area, at least one set of men's and women's toilet rooms or bathrooms or at least one unisex toilet room or bathroom serving the leased area shall comply with TAS 213 and 603.(E) Signage at toilet rooms or bathrooms shall comply with TAS 703. Toilet rooms or bathrooms serving the leased area which are not accessible shall be provided with signage complying with TAS 703.1, 703.2.4, 703.2.5, 703.6.2 and 703.7 indicating the location of the nearest accessible toilet room or bathroom within the facility.(F) If drinking fountains are required by the lease agreement, or are provided to serve the leased area, at least one fountain shall comply with TAS 602. If more than one drinking fountain is provided, at least 50% shall comply with TAS 602.(G) If public telephones are required by the lease agreement, or are provided to serve the leased area, at least one public telephone shall comply with TAS 704.(H) If an element or space of a lease is not specified in this subsection but is present in a state leasehold, that element or space shall comply with TAS 201.1.(c) A registered accessibility specialist shall not perform inspection services for an agency of the State of Texas occupying a building or facility that is subject to the renewal or extension of an existing lease.", "sourceNote": "Source Note: The provisions of this §68.22 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215076", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "B", "label": "REGISTRATION REQUIREMENTS; EXEMPTIONS" }, "rule": { "number": "§68.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215077", "queryAsDate": "03/11/2026" }, "ruleBody": "The following buildings, facilities, spaces, or elements are exempt from the provisions of the Act:(1) Federal Property. Buildings or facilities owned, operated, or leased by the federal government;(2) Places Used Primarily for Religious Rituals. An area within a building or facility of a religious organization used primarily for religious ritual as determined by the owner or occupant. To facilitate the plan review, the owner or occupant shall include a clear designation of such areas with the plans submitted for review. This exemption does not apply to the following: parking facilities, accessible routes, walkways, hallways, toilet facilities, entrances, public telephones, drinking fountains, and exits;(3) Van Accessible Parking at Garages Constructed Prior to April 1994. Parking garages where construction was started before April 1, 1994, and the existing vertical clearance of the garage is less than 98\", are exempted from requirements to have van-accessible parking spaces located within the garage. If additional surface parking is provided, the required van accessible parking spaces shall be located on a surface lot in closest proximity to the accessible public entrance serving the facility;(4) Residential Facilities. Those portions of public or privately funded apartments, condominiums, townhomes, and single-family dwellings used exclusively by residents and their guests; and(5) Places of Primary Residence. An establishment or place of lodging that does not have more than five rooms for rent or hire and that is occupied by the proprietor as their primary residence.", "sourceNote": "Source Note: The provisions of this §68.30 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215077", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "B", "label": "REGISTRATION REQUIREMENTS; EXEMPTIONS" }, "rule": { "number": "§68.31", "label": "Variance Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214912", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To request a variance waiving or modifying an accessibility standard, an owner or the owner's designated agent must submit:(1) a complete a separate form prescribed by the department for each registered project within a single building or facility;(2) supporting documentation, including photos, cost analyses, and code references; and(3) the required fee in §68.80.(b) A denied variance request may be appealed to the department in writing. An appeal must:(1) be in writing and signed by the owner or the owner's designated agent;(2) include supporting documentation; and(3) include the fee required under §68.80.(c) An appeal denied by the department may be appealed to the executive director of the department in writing and must include supporting documentation.(d) The department and executive director will provide written notice of determinations made under this section to the owner and the person making the submission, if applicable.(e) Variance and Appeal determinations shall be based on the information and supporting documentation submitted with the application and shall be issued in accordance with §469.151 and §469.152 of the Act.", "sourceNote": "Source Note: The provisions of this §68.31 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214912", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "C", "label": "OWNER RESPONSIBILITIES" }, "rule": { "number": "§68.40", "label": "Owner Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214913", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An owner with a construction project with an estimated construction cost of $50,000 or more is subject to compliance with the Act, TAS, and this chapter.(b) Within 30 days of the change occurring, an owner must notify the department of a change in:(1) contact information; or(2) property ownership.(c) An owner must report a change in the estimated date of completion of construction to the registered accessibility specialist.(d) When corrective modifications are required, an owner must submit a response on a prescribed form within 30 days to the registered accessibility specialist, in accordance with §68.53, and complete the corrective modifications by the 270th day after the date of the inspection report.(e) When there is not a design professional with overall responsibility for a registered project, the owner must submit the construction documents to a registered accessibility specialist prior to filing an application for building permit or commencement of construction.", "sourceNote": "Source Note: The provisions of this §68.40 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214913", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "C", "label": "OWNER RESPONSIBILITIES" }, "rule": { "number": "§68.41", "label": "Inspection Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214914", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner of a building or facility with a project required to be registered under §68.21 must obtain an inspection by a registered accessibility specialist no later than one year from the date of the completion of construction.(b) A request for inspection must be in writing and submitted to a registered accessibility specialist.(c) The owner, the owner's designated agent, or an individual representing the owner is required to be physically onsite with the registered accessibility specialist during the inspection. A physical or electronic signature must be provided by the owner or designated agent who was present during the inspection on a form prescribed by the department.", "sourceNote": "Source Note: The provisions of this §68.41 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214914", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "C", "label": "OWNER RESPONSIBILITIES" }, "rule": { "number": "§68.42", "label": "Designated Agent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An owner may designate an agent to act on their behalf by submitting a form prescribed by the department. To be valid, the form must be complete and signed by the owner or an individual employed by the owner. A parent or other person associated with the owner is not authorized to submit or sign the form on behalf of the owner.(b) A designated agent is authorized to:(1) submit project information changes;(2) request a waiver or variance;(3) make a request for inspection;(4) communicate with the department on behalf of the owner about the registered project;(5) receive communications from a registered accessibility specialist; and(6) submit verification of corrections to a registered accessibility specialist and the department.(c) A designated agent's failure to comply with the requirements of this chapter on behalf of an owner does not excuse the owner from compliance with the Act, this chapter, and the TAS.(d) A form must be submitted for each project registered to designate the agent, regardless of whether all the projects are in the same building.", "sourceNote": "Source Note: The provisions of this §68.42 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "D", "label": "CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE" }, "rule": { "number": "§68.50", "label": "Submission of Construction Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214916", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the estimated construction cost is $50,000 or more, all plans and specifications for the construction of or alteration to a building or facility subject to §469.101 of the Act must be submitted by a design professional along with a form prescribed by the department to a registered accessibility specialist not later than the twentieth day after the plans and specifications are issued. In computing time under this section, Saturday, Sunday, and legal holidays are not included. All plans may be submitted in electronic format.(b) When there is not a design professional with overall responsibility, the owner of a building or facility must submit the construction documents to a registered accessibility specialist prior to filing an application for building permit or commencement of construction in an unincorporated portion of a county that does not issue building permits.(c) An owner or design professional may submit revised construction documents to a registered accessibility specialist to review, including change orders, addenda, or letters.(d) Construction documents provided to the department become the property of the department and will not be returned.", "sourceNote": "Source Note: The provisions of this §68.50 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214916", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "D", "label": "CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE" }, "rule": { "number": "§68.51", "label": "Plan Review Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214917", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to performing a plan review or plan revision review, a registered accessibility specialist must have project construction documents for the building or facility.(b) An owner may submit revised or supplemental construction documents for review. Upon receipt, a registered accessibility specialist must verify the date of construction completion in writing with the owner. Revised or supplemental construction documents submitted to the registered accessibility specialist:(1) prior to the recorded estimated completion of construction must be reviewed as part of a plan revision; or(2) after completion of construction based on the estimated completion of construction are not required to be reviewed but must be uploaded in the TABS project file.(c) After review of construction documents, the registered accessibility specialist must provide the owner or the owner's designated agent and the design professional making the submission the plan review findings no later than 30 days from the date of the report. All plan review findings must be uploaded in TABS.(d) A plan review or plan revision review report must be typewritten and include, at a minimum:(1) a title indicating whether the report is a \"Plan Review Report\" or \"Plan Revision Review Report;\"(2) the name and certification number of the registered accessibility preparing the report;(3) date of the report;(4) TABS project number issued by the department;(5) facility name;(6) project name and address; and(7) a detailed list of each deficiency, including a reference to the TAS section number, if applicable.", "sourceNote": "Source Note: The provisions of this §68.51 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214917", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "D", "label": "CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE" }, "rule": { "number": "§68.52", "label": "Inspections and Corrective Modifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214918", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to performing an inspection, a registered accessibility specialist must have access to the project in TABS and a written request for inspection from the owner or the owner's designated agent.(b) To be valid, the owner, the owner's designated agent, or an individual representing the owner is required to be present during the inspection. The individual onsite during the inspection must provide a physical or electronic signature on the inspection form prescribed by the department.(c) A registered accessibility specialist must complete an inspection report no later than 30 days from the date of the inspection. An inspection report must be:(1) provided to the owner within 30 days of the date of the report;(2) uploaded in TABS;(3) typewritten and include, at a minimum:(A) heading titled \"Inspection Report;\"(B) the name and certification number of the registered accessibility preparing the report;(C) date of the report;(D) date of the inspection;(E) TABS project number issued by the department;(F) facility name;(G) project name and address; and(H) violations cited in detailed, followed by the TAS section number, including specific information identifying the location of each violation.(d) If corrective modifications are required to achieve compliance the owner must:(1) respond to the inspection report by submitting a form prescribed by the department to the registered accessibility specialist not later than the 30th day of the date of the inspection report; and(2) complete corrective modifications by the 270th day after the date of the inspection report.(e) The owner's corrective modification response must be uploaded in TABS not later than the 30th calendar day after receipt.", "sourceNote": "Source Note: The provisions of this §68.52 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214918", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "D", "label": "CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE" }, "rule": { "number": "§68.53", "label": "Transmittal Letters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A transmittal letter must be provided to an owner no later than the 30th day after the completion of a plan review, plan revision, or inspection and uploaded in TABS.(b) A transmittal letter must be typewritten and include, at a minimum:(1) date of the report;(2) the name and certification number of the registered accessibility preparing the letter;(3) owner name and address;(4) TABS project number issued by the department;(5) project name, facility name, and address;(6) results paragraph, as applicable;(7) owner action paragraph, as applicable; and(8) disclaimer paragraph, as applicable.", "sourceNote": "Source Note: The provisions of this §68.53 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214945", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "D", "label": "CONSTRUCTION DOCUMENTS; INSPECTIONS; COMPLIANCE" }, "rule": { "number": "§68.60", "label": "Notice of Substantial Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214919", "queryAsDate": "03/11/2026" }, "ruleBody": "The department shall provide a Notice of Substantial Compliance to the owner, at the owner's written request after a newly constructed building or facility has had a satisfactory inspection or verification of corrective modifications has been submitted.", "sourceNote": "Source Note: The provisions of this §68.60 adopted to be effective March 1, 2007, 32 TexReg 884; amended to be effective May 15, 2017, 42 TexReg 2333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214919", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "E", "label": "ADVISORY COMMITTEE" }, "rule": { "number": "§68.65", "label": "Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214920", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Elimination of Architectural Barriers Advisory Committee shall review rules relating to the Elimination of Architectural Barriers program and recommend changes to the Commission.(b) The Elimination of Architectural Barriers Advisory Committee may review Technical Memoranda relating to the Elimination of Architectural Barriers program and recommend changes.(c) Recommendations of the committee will be transmitted to the Commission by the Executive Director through the Director of the Compliance Division.(d) Expenses reimbursed to committee members shall be limited to authorized expenses incurred while on committee business and traveling to and from committee meetings. The least expensive method of travel should be used.(e) Expenses paid to committee members shall be limited to those allowed by the State of Texas Travel Allowance Guide and the Texas Department of Licensing and Regulation policies governing travel allowances for employees.(f) The committee shall be composed of building professionals and persons with disabilities who are familiar with architectural barriers problems and solutions. The committee shall be composed of nine members. Persons with disabilities must make up a majority of the membership. Committee members will serve staggered three-year terms.", "sourceNote": "Source Note: The provisions of this §68.65 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677; amended to be effective July 1, 2022, 47 TexReg 3668." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214920", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "F", "label": "REGISTERED ACCESSIBILITY SPECIALISTS" }, "rule": { "number": "§68.70", "label": "Registered Accessibility Specialist Certification--Eligibility, Qualifications, and Application Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214921", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not perform or offer to provide plan review or inspection services unless the person is a certified registered accessibility specialist. To be certified, an individual must:(1) meet one of the following qualifications:(A) hold a degree in architecture, engineering, interior design, landscape architecture, or equivalent, and at least one year experience related to building inspection, building planning, accessibility design or review, accessibility inspection, or equivalent;(B) have at least eight years of experience related to building inspection, building planning, accessibility design or review, accessibility inspection, or equivalent; or(C) have at least four years of experience related to building inspection, building planning, accessibility design or review, accessibility inspection, or equivalent, and certification by a model building code organization as an accessibility inspector or plans examiner;(2) pass an examination approved by the department;(3) successfully pass a criminal history background check; and(4) submit the required fee under §68.80.(b) An applicant must submit the following required documentation in a manner prescribed by the department:(1) a complete application on a department approved form; and(2) verifiable evidence that the applicant meets the requirements in subsection (a)(1).(c) Each applicant who satisfies all requirements will be provided a wallet card and a wall certificate. The wallet card is the actual certificate of registration.(d) An applicant must complete all requirements, including passing the examination in subsection (a)(2), no later than one year from the date the application is submitted. After that year the applicant will be required to submit a new application and all required materials in addition to paying a new application fee.", "sourceNote": "Source Note: The provisions of this §68.70 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214921", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "F", "label": "REGISTERED ACCESSIBILITY SPECIALISTS" }, "rule": { "number": "§68.73", "label": "Registered Accessibility Specialist Certification--Renewal Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214922", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a certification, a registered accessibility specialist must:(1) submit a complete renewal application in a manner prescribed by the department;(2) successfully pass a criminal history background check;(3) complete four hours of continuing education as required under §68.74; and(4) submit the required fee under §68.80.(b) A registered accessibility specialist with an expired certification shall not perform work requiring registration under the Act.(c) A certification will not be renewed until continuing education requirements have been met.", "sourceNote": "Source Note: The provisions of this §68.73 adopted to be effective March 1, 2007, 32 TexReg 884; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214922", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "F", "label": "REGISTERED ACCESSIBILITY SPECIALISTS" }, "rule": { "number": "§68.74", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214923", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a certification, a registered accessibility specialist must complete four hours of continuing education as provided in this section.(b) To meet the requirements of this section, continuing education hours must include instruction in one or more of the following topics:(1) Texas Government Code, Chapter 469, Elimination of Architectural Barriers;(2) 16 Texas Administrative Code, Chapter 68 - Administrative Rules;(3) 2012 Texas Accessibility Standards;(4) technical memoranda published by the department;(5) 2010 Standards for Accessible Design or other accessibility guidelines proposed or adopted by the Access Board or United States Department of Justice;(6) Americans with Disabilities Act;(7) International Code Council/American National Standards Institute (ANSI) A117.1 Standard on Accessible and Usable Buildings and Facilities; or(8) life safety codes related to egress.(c) A registered accessibility specialist must certify completion of continuing education hours at the time of renewal in a manner prescribed by the department.(d) Continuing education hours must have been completed within the term of the current certification, in the case of a timely renewal. For a late renewal, the continuing education hours must have been completed within the one-year period immediately prior to the date of renewal.(e) A registered accessibility specialist will not receive continuing education credit for attending the same course more than once during the one-year period in which the course is offered.(f) A registered accessibility specialist must retain a copy of the certificate of completion for a course for three years after the date of completion. In conducting an inspection or investigation of a registered accessibility specialist, the department may examine the registered accessibility specialist's records to determine compliance with this section.(g) This section applies to certifications that expire on or after September 1, 2023.", "sourceNote": "Source Note: The provisions of this §68.74 adopted to be effective March 1, 2007, 32 TexReg 884; amended to be effective April 14, 2008, 33 TexReg 2931; amended to be effective March 15, 2012, 37 TexReg 677; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214923", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "F", "label": "REGISTERED ACCESSIBILITY SPECIALISTS" }, "rule": { "number": "§68.75", "label": "Responsibilities of the Registered Accessibility Specialist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214924", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registered accessibility specialist may set and collect fees for services rendered but must submit to the department fees received on behalf of the department no later than 30 days after receipt.(b) A registered accessibility specialist must secure written authorization:(1) from an owner prior to performing a plan review, inspection, or related activity of a building or facility with an estimated construction cost of less than $50,000 or that is not subject to the Act; and(2) from the department prior to performing a plan review, inspection, or related activity for a building or facility that will be leased or occupied by an agency of the State of Texas.(c) A registered accessibility specialist must maintain project files for a period of one year following the closure of the project in TABS.(d) A registered accessibility specialist is required to upload a change in the estimated date of completion of construction within 30 days of receipt from the owner.(e) A registered accessibility specialist must provide written notification to the department of changes to their contact information within 30 calendar days of a change occurring.", "sourceNote": "Source Note: The provisions of this §68.75 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214924", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "F", "label": "REGISTERED ACCESSIBILITY SPECIALISTS" }, "rule": { "number": "§68.76", "label": "Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214925", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Competency. A registered accessibility specialist shall ensure compliance, be knowledgeable of, and adhere to the Act, the TAS, and this chapter. A registered accessibility specialist shall exercise reasonable judgment and skill in the performance of plan reviews, inspections, and related activities.(b) Integrity. A registered accessibility specialist shall not:(1) be deceitful or make misrepresentations, whether by acts of commission or omission, in the performance of plan review, inspection, and related activities; or(2) commit acts or practices that constitute threats, coercion, or extortion.(c) Conflict of Interest.(1) If a registered accessibility specialist has any business association or financial interest which might reasonably appear to influence the individual's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the registered accessibility specialist's current or prospective client or employer, the registered accessibility specialist shall promptly inform the client or employer in writing of the circumstances of the business association or financial interest.(2) A registered accessibility specialist shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature, financial or otherwise, from more than one party in connection with a single project or assignment unless the circumstances are fully disclosed in writing to all parties.(3) A registered accessibility specialist shall not perform plan reviews, inspections, or related activities, such as preliminary plan reviews or pre-construction site assessments, while also providing consulting or other professional services on the same registered project. Non-design related review services are not consulting or professional services for the purposes of this section.(d) Specific Rules of Conduct. A registered accessibility specialist shall not:(1) participate, whether individually or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act, the rules, or the TAS;(2) knowingly furnish inaccurate, deceitful, or misleading information to the department, a building owner, or other person involved in a plan review, inspection, or related activity;(3) state or imply that the department will approve a variance;(4) engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing a plan review, inspection, or related activity;(5) perform a plan review, inspection, or related activity in a negligent or incompetent manner;(6) perform a plan review, inspection, or related activity on a building or facility in which the registered accessibility specialist is an owner, either in whole or in part, or an employee of a full or partial owner;(7) perform a plan review, inspection, or a related activity on a building or facility that is or will be leased or occupied by an agency of the State of Texas, when the registered accessibility specialist is an employee of the state agency that will occupy the facility;(8) perform a plan review, inspection, or related activity on a building or facility wherein the registered accessibility specialist participated in creating the overall design of the current project; or(9) represent himself or herself as an employee of the department or as a person hired by the department.", "sourceNote": "Source Note: The provisions of this §68.76 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214925", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "F", "label": "REGISTERED ACCESSIBILITY SPECIALISTS" }, "rule": { "number": "§68.77", "label": "Shared Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214926", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registered accessibility specialist may engage the services of another registered accessibility specialist to perform services on their behalf.(b) Each registered accessibility specialist engaged in shared services must:(1) be actively certified with the department;(2) complete the assigned plan review or inspection within 30 days of accepting the project in TABS; and(3) not alter the work product of the other registered accessibility specialist, which includes making amendments to a plan review, inspection report, or corrective modification letter.", "sourceNote": "Source Note: The provisions of this §68.77 adopted to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214926", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "G", "label": "FEES" }, "rule": { "number": "§68.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214927", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fees collected by the department will be assessed according to the following fee schedule.(1) Project filing Fee--$175;(2) Late Project Filing Fee--$300;(3) State Lease Inspection (no construction)--$225 per lease;(4) Special Review or Inspection Fee--$215 per hour, one hour minimum;(5) Variance Application Fee--$175 each;(6) Variance Appeal Fee--$200 each;(7) Texas Accessibility Academy Fee--$150.(b) Registered Accessibility Specialists and Contract Providers:(1) Application for Certificate of Registration--$300;(2) Registration Renewal--$250;(3) Wall Certificate Duplicate or Replacement--$25;(4) Wallet Card Duplicate or Replacement--$25.(c) When a project is registered with the department after completion of construction, the late project filing fee is in lieu of the project filing fee.(d) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(e) All fees are nonrefundable and must be paid prior to service being performed.", "sourceNote": "Source Note: The provisions of this §68.80 adopted to be effective May 15, 2017, 42 TexReg 2333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214927", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "H", "label": "ENFORCEMENT" }, "rule": { "number": "§68.90", "label": "Administrative Sanctions or Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214928", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a person violates any provision of the Act, the rules, TAS, or an order of the executive director or commission, proceedings may be instituted to impose administrative sanctions, administrative penalties, or both administrative penalties and sanctions in accordance with the provisions of the Act; Texas Occupations Code, Chapter 51; and Title 16, Texas Administrative Code, Chapter 60 (relating to the Texas Commission of Licensing and Regulation).(b) It is a violation of the Act for a person to perform a plan review or inspection function of the department, unless that person is a department employee or a registered accessibility specialist. A person who is not a registered accessibility specialist and performs a plan review or inspection function of the department is subject to administrative penalties in accordance with the Act or Texas Occupations Code, Chapter 51 and Title 16, Texas Administrative Code, Chapter 60.(c) Cheating on an examination is grounds for denial, suspension, or revocation of a license, imposition of an administrative penalty, or both.", "sourceNote": "Source Note: The provisions of this §68.90 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214928", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "H", "label": "ENFORCEMENT" }, "rule": { "number": "§68.93", "label": "Complaints, Investigations, and Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214931", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints. A complaint may be filed against an owner if there is reason to believe that a building or facility is not in compliance with the Act, the rules, or the TAS. A complaint may be filed against a registered accessibility specialist if there is reason to believe that the registered accessibility specialist has violated the Act, the rules, procedures, or the TAS.(b) Investigations and Audits. Owners of buildings and facilities subject to compliance with the Act, TAS, and this chapter, are subject to investigation by the department. Registered accessibility specialists are subject to investigation and audit by the department.(c) Inspection of Records. Records pertaining to a project for which plan review, inspection, or related activities have been or will be performed, must be made available by the registered accessibility specialist for inspection upon request. Records must be uploaded in TABS within 14 calendar days of receiving a written request from the department, or within a time prescribed by the department.", "sourceNote": "Source Note: The provisions of this §68.93 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214931", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "I", "label": "GENERAL TECHNICAL REQUIREMENTS" }, "rule": { "number": "§68.102", "label": "Public Right-of-Ways Projects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214930", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For public right-of-way projects, in addition to accepting compliance with applicable TAS requirements, the department will also accept compliance with the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, published by the Architectural and Transportation Compliance Board (Access Board) on July 26, 2011, 36 CFR Part 1190 or its final adopted guidelines.(b) For purposes of registration, the estimated cost of construction for the project shall be based on the pedestrian elements only. Construction documents submitted for review are only required to include pedestrian elements being constructed, renovated, modified, or altered as part of the project scope.(c) Application of TAS shall be limited to those pedestrian elements being constructed, renovated, modified, or altered as part of the project scope. The pedestrian elements shall comply with applicable sections of TAS except as modified by this section.", "sourceNote": "Source Note: The provisions of this §68.102 adopted to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677; amended to be effective May 15, 2017, 42 TexReg 2333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214930", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "I", "label": "GENERAL TECHNICAL REQUIREMENTS" }, "rule": { "number": "§68.103", "label": "Detention and Correctional Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214929", "queryAsDate": "03/11/2026" }, "ruleBody": "For public (State, county or local) detention and correctional facilities to comply with both the ADA and the Architectural Barriers Act (ABA), the number of cells with mobility features and communication features must be:(1) At least 3 percent, but no fewer than one, of the total number of cells in a facility shall provide mobility features complying with 807.2 of TAS.(2) At least 3 percent, but no fewer than one, of the total number of general holding cells and general housing cells equipped with audible emergency alarm systems and permanently installed telephones within the cell shall provide communication features complying 807.3 of TAS.", "sourceNote": "Source Note: The provisions of this §68.103 adopted to be effective May 15, 2017, 42 TexReg 2333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214929", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "68", "label": "ELIMINATION OF ARCHITECTURAL BARRIERS" }, "subchapter": { "number": "I", "label": "GENERAL TECHNICAL REQUIREMENTS" }, "rule": { "number": "§68.104", "label": "Accessible Parking Spaces" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "105868", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A paved accessible parking space must include:(1) the International Symbol of Accessibility painted conspicuously on the surface in a color that contrasts the pavement;(2) the words \"NO PARKING\" painted on any access aisle adjacent to the parking space. The words must be painted:(A) in all capital letters;(B) with a letter height of at least twelve inches, and a stroke width of at least two inches; and(C) centered within each access aisle adjacent to the parking space; and(3) a sign identifying the consequences of parking illegally in a paved accessible parking space. The sign must:(A) at a minimum state \"Violators Subject to Fine and Towing\" in a letter height of at least one inch;(B) be mounted on a pole, post, wall or freestanding board;(C) be no more than eight inches below a sign required by Texas Accessibility Standards, 502.6; and(D) be installed so that the bottom edge of the sign is no lower than 48 inches and no higher than 80 inches above ground level.(b) A parking space identification sign that complies with Texas Accessibility Standards, 502.6, that includes the requirements in subsection (a)(3)(A) satisfies subsection (a)(3).", "sourceNote": "Source Note: The provisions of this §68.104 adopted to be effective August 1, 2020, 45 TexReg 5166." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "105868", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173182", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of the Texas Occupations Code, Chapters 1202 and 51.", "sourceNote": "Source Note: The provisions of this §70.1 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective August 14, 2002, 27 TexReg 7103; amended to be effective December 1, 2003, 28 TexReg 10458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173182", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143844", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) 100% inspection--Inspection of each module or modular component at each and every stage of construction including, but not limited to, framing, mechanical, plumbing, electrical, energy compliance systems, and system testing.(2) Alteration--Any construction, other than ordinary repairs of the house or building, to an existing industrialized house or building after affixing of the decal by the manufacturer or REF builder. Industrialized housing or buildings that have not been maintained shall be considered altered.(3) Alteration decal--The approved form of certification issued by the department to an industrialized builder to be permanently affixed to an industrialized building module indicating that alterations have been constructed to meet or exceed the code requirements and in compliance with this chapter.(4) Building site--A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited.(5) Building system--The design and/or method of assembly of modules or modular components represented in the plans, specifications, and other documentation which may include structural, electrical, mechanical, plumbing, fire protection, and other systems affecting health and safety.(6) Chapter 1202--Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings.(7) Closed construction--That condition where any industrialized housing or building, modular component, or portion thereof is manufactured in such a manner that all portions cannot be readily inspected at the site without disassembly or destruction thereof.(8) Commercial structure--An industrialized building classified by the mandatory building codes for occupancy and use groups other than residential for one or more families.(9) Compliance Control Program--The manufacturer's system, documentation, and methods of assuring that industrialized housing, buildings, and modular components, including their manufacture, storage, handling, and transportation conform with Chapter 1202 and this chapter.(10) Construction Documents--The aggregate of all plans, specifications, calculations, and other documentation required to be submitted to the design review agency for compliance review to the mandatory building code.(11) Component--A sub-assembly, subsystem, or combination of elements for use as a part of a building system or part of a modular component that is not structurally independent, but may be part of structural, plumbing, mechanical, electrical, fire protection, or other systems affecting life safety.(12) Decal--The approved form of certification issued by the department to the manufacturer or REF builder to be permanently affixed to the module or to a site-built REF indicating that it has been constructed to meet or exceed the code requirements and in compliance with this chapter.(13) Design package--The aggregate of all plans, designs, specifications, and documentation required by these sections to be submitted by the manufacturer to the design review agency, or required by the design review agency for compliance review, including the compliance control manual and the on-site construction documentation. Unique or site specific foundation drawings and special on-site construction details prepared for specific projects are not a part of the design package.(14) Design review agency--An approved organization, private or public, determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability to review designs, plans, specifications, and building systems documentation, and to certify compliance to these sections evidenced by affixing the council's stamp.(15) Final on-site inspection report--A report issued by a council-approved inspector, or a record of final inspection issued by a municipal building inspection department, indicating that the inspection of the on-site construction was successful in accordance with §70.73.(16) IAS--International Accreditation Service.(17) ICC--International Code Council, Inc.(18) ICC ES--International Code Council Evaluation Services.(19) Industrialized builder--A person who is engaged in the assembly, connection, and on-site construction and erection of modules or modular components at the building site or who is engaged in the purchase of industrialized housing or buildings modules or modular components for sale or lease to the public. An industrialized builder also includes a person who assembles and installs site-built REFs that are moved from the initial construction site.(20) Insignia--The approved form of certification issued by the department to the manufacturer to be permanently affixed to the modular component indicating that it has been constructed to meet or exceed the code requirements and in compliance with the sections in this chapter.(21) Installation--On-site construction of industrialized housing or buildings. (see definition of on-site construction).(22) Lease, or offer to lease--A contract or other instrument by which a person grants to another the right to possess and use industrialized housing or buildings for a specified period of time in exchange for payment of a stipulated price.(23) Local building official--The agency or department of a municipality or other local political subdivision with authority to make inspections and to enforce the laws, ordinances, and regulations applicable to the construction, alteration, or repair of residential and commercial structures.(24) Manufacturer--A person who constructs or assembles modules or modular components at a manufacturing facility which are offered for sale or lease, sold or leased, or otherwise used.(25) Manufacturing facility--The place other than the building site, at which machinery, equipment, and other capital goods are assembled and operated for the purpose of making, fabricating, constructing, forming, or assembly of industrialized housing, buildings, modules, or modular components.(26) Model--A specific design of an industrialized house, building, or modular component which is based on size, room arrangement, method of construction, location, arrangement, or size of plumbing, mechanical, or electrical equipment and systems therein in accordance with an approved design package.(27) Module--A three dimensional section of industrialized housing or buildings, designed and approved to be transported as a single section independent of other sections, to a site for on-site construction with or without other modules or modular components.(28) Modular building--Industrialized housing and buildings as defined in Texas Occupations Code §1202.002 and §1202.003, and any relocatable, educational facility as defined in §1202.004, regardless of the location of construction of the facility.(29) NFPA--National Fire Protection Association.(30) Non site-specific building--An industrialized house or building for which the permanent site location is unknown at the time of construction.(31) On-site construction--Preparation of the site, foundation construction, assembly and connection of the modules or modular components, affixing the structure to the permanent foundation, connecting the structures together, completing all site-related construction in accordance with designs, plans, specifications, and on-site construction documentation.(32) Open construction--That condition where any house, building, or portion thereof is constructed in such a manner that all parts or processes of manufacture can be readily inspected at the building site without disassembly, damage to, or destruction thereof.(33) Permanent foundation system--A foundation system for industrialized housing or buildings designed to meet the applicable building code as set forth in §§70.100, 70.101, and 70.102.(34) Permanent industrialized building--An industrialized building that is not designed to be transported from one commercial site to another commercial site.(35) Permit, Alteration--A registration issued by the department to a person who is responsible for the alteration construction of industrialized housing, buildings or site-built REFs and who is not also registered as an industrialized builder.(36) Permit, Commercial Installation--A registration issued by the department to a person who purchases an industrialized building for the person's own use and who assumes responsibility for the installation of the industrialized building.(37) Permit, Residential Installation--A registration issued by the department to a person who purchases an industrialized house for the person's own use and who assumes responsibility for all or part of the construction relating to the installation of the industrialized house.(38) Person--An individual, partnership, company, corporation, association, or any other legal entity, however organized.(39) Public--The people of the state as a whole to include individuals, companies, corporations, associations or other groups, however organized, and governmental agencies.(40) REF, Site-built--A relocatable educational facility (REF) as defined by Texas Occupations Code §1202.004 that is constructed at the first installation site by an REF builder.(41) REF Builder--A person who constructs REFs at the first installation site. A person who assembles REFs constructed in a manufacturing facility is not an REF builder.(42) Registrant--A person who, or which, is registered with the department pursuant to the rules of this chapter as a manufacturer, a REF builder, an industrialized builder, a design review agency, a third party inspection agency, a third party inspector, a third party site inspector, or a permit holder.(43) Residential structure--Industrialized housing designed for occupancy and use as a residence by one or more families.(44) Sale, sell, offer to sell, or offer for sale--Includes any contract of sale or other instrument of transfer of ownership of property, or solicitation to offer to sell or otherwise transfer ownership of property.(45) Site or building site--A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited.(46) Special conditions and/or limitations--On-site construction documentation which alerts the local building official of items, such as placement of the building on the property or the requirements for roof ventilation, which may need to be verified by the local building official for conformance to the mandatory building codes.(47) Structure--An industrialized house or building that results from the complete assemblage of the modules or modular components designed to be used together to form a completed unit.(48) Third party inspection agency (TPIA)--An approved person or entity determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability, and independence of judgment to inspect industrialized housing, building, site-built REFs, and portions thereof for compliance with the approved plans, documentation, compliance control program, and applicable codes.(49) Third party inspector (TPI)--An approved person determined by the council to be qualified by reason of experience, demonstrated reliability, and independence of judgment to inspect industrialized housing, buildings, site-built REFs, and portions thereof for compliance with the approved plans, documentation, compliance control program, and applicable code. A third party inspector works under the direction of a third party inspection agency or TPIA.(50) Third party site inspector (TPSI)--An approved person determined by the council to be qualified by reason of experience, demonstrated reliability, and independence of judgment to inspect construction of REFs or the foundation and installation of industrialized housing, buildings, and portions thereof for compliance with the approved plans or engineered plans and the applicable code.(51) Unique on-site construction details--Construction details that are not part of, or that differ from, the manufacturer's approved on-site construction details or REF builder's approved construction plans. Unique on-site construction details include additions that may affect the code compliance of the house or building such as car ports, garages, porches, decks, and stairs.(b) Other definitions may be set forth in the text of the sections in this chapter. For purposes of these sections, the singular means the plural, and the plural means the singular.(c) Where terms are not defined in this section or in other sections in this chapter and are defined in the mandatory building codes as referenced in §70.100, such terms shall have the meanings ascribed to them in these codes unless the context as the term is used clearly indicates otherwise. Where terms are not defined in this section or other sections in this title or in the mandatory building codes, such terms shall have ordinarily accepted meanings as the context implies.", "sourceNote": "Source Note: The provisions of this §70.10 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 6, 1994, 19 TexReg 9295; amended to be effective December 20, 2000, 25 TexReg 12385; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective October 3, 2004, 29 TexReg 9182; amended to be effective May 1, 2005, 30 TexReg 2504; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective May 1, 2008, 33 TexReg 3409; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412; amended to be effective November 1, 2015, 40 TexReg 5146." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143844", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.20", "label": "Registration of Manufacturers, REF builders, and Industrialized Builders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143845", "queryAsDate": "03/11/2026" }, "ruleBody": "Manufacturers, REF builders, and industrialized builders shall not engage in any business activity relating to the construction or location of industrialized housing or buildings without being registered with the department.(1) An application for registration shall be submitted on a form supplied by the department, and shall contain such information as may be required by the department. The application shall be signed by the owner of a sole proprietorship, the managing partner of a partnership, or an officer of a corporation. The application must be accompanied by the fee set forth in §70.80.(2) A manufacturer may not construct for Texas until the facility has been certified in accordance with §70.60.(3) Application requirements for REF builders are as follows.(A) An REF builder shall certify at the time of registration that the construction and foundation of all REF's built under this registration shall be constructed in accordance with the approved construction documents, the mandatory building codes, the engineered plans, and department rules and shall be inspected in accordance with §70.79 and the inspection procedures established by the council.(B) Subcontractors or persons responsible for the electrical, plumbing, and HVAC construction required to complete the construction shall be licensed as required by the applicable state statutes and are not required to be registered as REF builders.(4) Application requirements for industrialized builders are as follows.(A) The industrialized builder shall certify at the time of registration that the alteration, foundation and installation of all units installed under this registration shall be constructed in accordance with the mandatory building codes, the engineered plans, and department rules, and shall be inspected in accordance with §70.73 and §70.74, and the inspection procedures established by the council.(B) Subcontractors or persons responsible for the electrical, plumbing, and HVAC construction required to complete the installation or alteration shall be licensed as required by the applicable state statutes and are not required to be registered as industrialized builders.(5) A person who purchases an industrialized house or building, or modular component, for his/her own use and who assumes responsibility for all or part of the construction relating to the installation or alteration of the industrialized house or building may file for a permit in lieu of registering as an industrialized builder in accordance with §70.25.(6) The registration of a manufacturer a REF builder or industrialized builder shall be valid for 12 months and must be renewed annually.(A) Each separate manufacturing facility must be registered; a manufacturing facility is separate if it is not on property that is contiguous to a registered manufacturing facility.(B) A REF builder must register their main office location but is not required to register each job location.(C) An industrialized builder must register each separate sales office but is not required to register each job location.(7) A registered manufacturer, a REF builder, or an industrialized builder shall notify the department in writing within 10 days if:(A) the corporate or firm name is changed;(B) the main address of the registrant is changed;(C) there is a change in 25% or more of the ownership interest of the company within a 12-month period. A change in ownership will require a new registration if the new owners do not accept responsibility for units constructed under the previous owners;(D) the location of any manufacturing facility is changed;(E) a new manufacturing facility is established;(F) there are changes in principal officers of the firm;(G) an industrialized builder transfers or sells a module or modular component to another industrialized builder; or(H) an industrialized manufacturer takes possession of units previously reported as shipped to an industrialized builder.(8) An application for original registration or renewal may be rejected if any information contained on, or submitted with, the application is incorrect or incomplete. The certificate of registration may be revoked or suspended or a penalty or fine may be imposed for any violation of Chapter 1202, the rules and regulations in this chapter or administrative orders of the department, or the instructions and determinations of the council in accordance with §70.90.", "sourceNote": "Source Note: The provisions of this §70.20 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective April 9, 1991, 16 TexReg 1817; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143845", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.21", "label": "Registration of Design Review Agencies, Third Party Inspection Agencies and Inspectors, and Third Party Site Inspectors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to the criteria established by the council as set forth in §§70.22, 70.23, and 70.24 the executive director will recommend qualified design review agencies, third party inspection agencies, third party inspectors, and third party site inspectors to the council for approval. An application for approval shall be submitted in writing to the executive director for consideration and recommendation to the council.(1) The application shall be on the form, and contain such information, as may be required by the department and the council.(2) The application shall be accompanied by the fee set forth in §70.80.(3) The application will be reviewed by department staff for compliance to the criteria for approval outlined in this section. Applicants that meet the criteria for approval will be recommended to the council for approval at the next meeting. The department may issue interim approval to applicants found to comply with the criteria for approval.(b) If the application is approved by the council, it shall be filed with the department as the registration of the applicant as a design review agency, a third party inspection agency, a third party inspector, or a third party site inspector to perform specific functions. The department shall issue a certificate of registration that shall state the specific functions that the registrant is approved to perform. The certificate of registration shall be valid for a 12-month period. This registration shall be a continuous registration so long as:(1) the information required by this section is updated in accordance with subsection (c);(2) the registration is renewed annually and the annual fee is paid;(3) the applicant continues to comply with the criteria for approval established by the council as set forth in §§70.22, 70.23, and 70.24;(4) the applicant certifies at the time of renewal of his registration that the code certifications required by §§70.22, 70.23, or 70.24 are current with the International Code Council (ICC). Participation in the ICC Renewal Program or Certification Maintenance Program is required to keep an ICC code certification current. The applicant will be required to submit evidence of current certification at the request of the department; and(5) the applicant submits an up-to-date organization chart in accordance with §70.22 and §70.23 at the time of renewal.(c) Design review agencies, third party inspection agencies, third party inspectors, and third party site inspectors shall notify the department in writing within 10 days if:(1) the name of the registrant is changed;(2) the address of the registrant is changed;(3) a partnership or corporation is created or exists or there is a change in 25% or more of the ownership of the business entity within a 12-month period;(4) there are changes in principal officers or key supervisory personnel of the business entity; or(5) there are changes in the key technical personnel of the agency or changes in the certifications of the technical personnel. Changes in the technical personnel of an agency or changes in the certifications may require review by the department to assure that the person still meets the criteria for approval as outlined in §§70.22, 70.23, and 70.24.(d) An application for original registration or renewal may be rejected if any information contained on, or submitted with, the application is incorrect or incomplete. The certificate of registration may be revoked or suspended or a penalty or fine may be imposed for any violation of Chapter 1202, the rules and regulations in this chapter or administrative orders of the department, or the instructions and determinations of the council in accordance with §70.90 and §70.92.(e) If a third party site inspector, third party inspector, third party inspection agency, or design review agency is not approved, the department shall forward a written explanation to the applicant setting forth the council's reasons for the disapproval and that the applicant may request an administrative hearing to determine if the application should be denied.", "sourceNote": "Source Note: The provisions of this §70.21 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198677", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.22", "label": "Criteria for Approval of Design Review Agencies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198678", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An agency seeking council approval as a design review agency (DRA) shall submit a written application to the executive director. The application will indicate the agency's name, address, and the telephone number of each office in which design review services are to be performed.(b) The application will include the following information.(1) An organizational chart indicating the names of the managerial and technical personnel responsible for design review functions within the agency. The chart must indicate the area or areas of review for with the technical personnel are responsible.(2) A resume for each person listed in the organizational chart indicating academic and professional qualifications, experience in related areas, and specific duties within the agency. All certifications shall be current with ICC.(3) Complete documentation, including, but not limited to:(A) examples of data sheets or other forms used to analyze construction and equipment;(B) preliminary and final reports; and(C) an agency compliance assurance manual to substantiate the agency's ability to evaluate building systems and compliance control manuals for compliance with standards. Evidence must be presented in the areas of structural, mechanical, electrical, plumbing, building planning, and fire safety. The documentation should include an example of a building system or compliance control manual which the agency has evaluated for compliance with a code or set of standards.(4) A statement of certification signed by the agency manager or chief executive officer that:(A) its board of directors, as a body, and its managerial and technical personnel, as individuals, are free to exercise independence of judgment in the performance of their duties within the agency;(B) its activities pursuant to the discharge of responsibility as a design review agency will not result in financial benefit to the agency via stock ownership or other financial interest in any producer, supplier, or vendor of products involved, other than through standard fees for services rendered;(C) the agency will consistently and uniformly implement the policies and determinations of the council with regard to interpretations of the standards and rules;(D) the agency will not provide design services or prepare compliance control manuals for manufacturers for whom it acts as a design review agency;(E) all information contained in the application for approval as a design review agency is true, timely, and correct; and(F) all future changes will be immediately communicated to the department.(5) A list of states in which the agency is currently approved to provide similar services.(c) The minimum personnel requirements and qualifications shall be as follows.(1) The manager or chief executive officer shall have:(A) a minimum of four years of plans examination, design, construction, or manufacturing experience in the building industry, or any combination thereof; and(B) licensure as a professional engineer or architect in the State of Texas. The applicant's license number must be included on the resume.(2) Technical staff members may qualify for more than one discipline. The agency does not need to have an individual staff member for each discipline. The technical staff shall consist of the following positions.(A) The structural reviewer shall have:(i) a bachelor's degree with specialized course work in structures in civil, structural, or architectural engineering or service equivalent in accordance with subsection (c)(3);(ii) a minimum of one year structural engineering experience related to buildings; and(iii) certification as a building plans examiner as granted by ICC.(B) The mechanical reviewer shall have:(i) a bachelor's degree in engineering with specialized course work in HVAC Systems or service equivalent in accordance with subsection (c)(3);(ii) a minimum of one year mechanical engineering experience related to buildings; and(iii) certification as a commercial mechanical inspector as granted by ICC.(C) The electrical reviewer shall have:(i) a bachelor's degree in engineering with specialized course work in electrical engineering or service equivalent in accordance with subsection (c)(3);(ii) a minimum of one year electrical engineering experience related to buildings; and(iii) certification as a commercial electrical inspector as granted by ICC.(D) The plumbing reviewer shall have:(i) a bachelor's degree in engineering with specialized course work in hydraulics or service equivalent in accordance with subsection (c)(3);(ii) a minimum of one year plumbing experience related to buildings; and(iii) certification as a plumbing inspector as granted by ICC.(E) The building planning reviewer shall have:(i) a bachelor's degree in engineering or architecture or service equivalent in accordance with subsection (c)(3);(ii) a minimum of one year experience related to building planning; and(iii) certification as a building plans examiner as granted by ICC.(F) The fire safety reviewer shall have:(i) a bachelor's degree in engineering or architecture or service equivalent in accordance with subsection (c)(3);(ii) a minimum of one year experience in fire protection engineering related to buildings; and(iii) certification as a fire plans examiner as granted by ICC.(G) The accessibility reviewer shall have:(i) a bachelor's degree in engineering or architecture or service equivalent in accordance with subsection (c)(3);(ii) a minimum of one year experience in accessibility reviews related to buildings;(iii) completed the Texas Accessibility Academy and passed an examination approved by the department.(3) A minimum of eight years of creditable experience in engineering or architectural practice indicative of growth in engineering or architectural competency and responsibility is an acceptable service equivalent for academic requirements. This experience may be counted concurrently for those wishing to show service equivalency in more than one field. To be considered creditable, experience must satisfy the requirements outlined in the Texas Board of Professional Engineers Board Rules concerning the Practice of Engineering and Professional Engineering Licensure, or the Texas Board of Architectural Examiner Rules and Regulations of the Board Regulating the Practice of Architecture.", "sourceNote": "Source Note: The provisions of this §70.22 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective March 15, 2020, 45 TexReg 1674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198678", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.23", "label": "Criteria for Approval of Third Party Inspection Agencies and Inspectors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198679", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An agency seeking council approval as a third party inspection agency shall submit a written application to the executive director. The application will indicate the agency name, address, and telephone number of each office through which third party inspections will be coordinated.(b) The application will include the following information.(1) An organizational chart shall be submitted showing the names of managerial and technical personnel responsible for in-plant and on-site construction inspections.(2) A resume for each person listed in the organizational chart shall be submitted indicating academic and professional qualifications, experience in related areas, and specific duties within the agency. All certifications must be current with ICC.(3) Complete documentation to substantiate the agency's ability to perform in-plant and on-site construction inspections and follow-up inspections to determine the compliance of a building manufacturer with the standards and rules shall be submitted. The application will include a formal description of the agency's supervision and training program for inspectors, performance records of manufacturers, examples of inspection reports, agreements or contracts with manufacturers, and any other pertinent information;(4) A statement of certification shall be submitted, signed by the agency manager or chief executive officer, that:(A) its board of directors, as a body, and its managerial and inspection personnel, as individuals, are free to exercise independence of judgment in the performance of their duties within the agency;(B) its activities pursuant to the discharge of responsibilities as a third party inspection agency will not result in financial benefit to the agency via stock ownership or other financial interests in any producer, supplier, or vendor of products involved, other than through standard fees for services rendered;(C) the agency will consistently and uniformly implement the policies and determinations of the council with regard to interpretations of the standards and rules;(D) the agency will not provide design services or prepare compliance control manuals for manufacturers for whom it acts as a third party inspection agency;(E) all information contained in the application for approval as a third party inspection agency is true, timely, and correct; and(F) all future changes will be immediately communicated to the department;(5) A list of states in which the agency is currently approved to provide product certification or validation or third party inspection services and a complete description of each system and program involved shall be submitted.(c) The minimum personnel requirements and qualifications are as follows.(1) The manager or chief executive officer shall have:(A) a minimum of five years experience in building code enforcement or compliance control of building systems;(B) a minimum of one year experience in responsible technical project planning and management; and(C) licensure as a professional engineer or architect in the State of Texas. The applicant's license number must be included on the resume.(2) The supervisor of inspections shall have:(A) a high school diploma or equivalent;(B) a minimum of five years experience as an inspector in manufactured buildings or related compliance control or equivalent;(C) certification as a fire inspector II as granted by ICC or NFPA; and(D) certification as a residential energy inspector/plans examiner as granted by ICC, as a commercial energy inspector as granted by ICC, and as:(i) a residential combination inspector as granted by ICC; or(ii) a commercial combination inspector as granted by ICC; or(iii) a combination inspector as granted by ICC.(3) Each inspector shall submit a written application to the executive director. The application shall include the following.(A) A resume that includes the inspector's academic and professional qualifications, experience in related areas, and relevant ICC certifications. Each inspector shall have:(i) a high school diploma or equivalent;(ii) a minimum of one year experience in building code enforcement, compliance control inspection, or building experience.(B) Evidence of certification as a residential energy inspector as granted by ICC or as a commercial energy inspector as granted by ICC or both. The inspector must have a residential energy certification to inspect housing and a commercial energy certification to inspect buildings.(C) Evidence of certification as:(i) a residential combination inspector as granted by ICC; or(ii) a commercial combination inspector as granted by ICC; or(iii) a combination inspector as granted by ICC; or(iv) one of each of the individual certifications from ICC that comprise the combination certifications referenced in clauses (i), (ii), and (iii) provided that the inspector has one in each area: building, mechanical, plumbing, and electrical.(4) An inspector who performs an in-plant inspection of modules or modular components that will be part of a housing or building project over 75 feet in height must also have ICC or NFPA certification as a fire inspector I or II.(5) An inspector who performs an installation inspection of industrialized housing or buildings over 75 feet in height must also have ICC or NFPA certification as a fire inspector II.", "sourceNote": "Source Note: The provisions of this §70.23 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective December 20, 2000, 25 TexReg 12385; amended to be effective March 28, 2002, 27 TexReg 2223; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective March 15, 2020, 45 TexReg 1674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198679", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.24", "label": "Criteria for Approval of Third Party Site Inspectors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198680", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person seeking approval as a third party site inspector shall submit a written application to the executive director. The application will include the following information.(1) A resume that includes the inspector's academic and professional qualifications, experience in related areas, and relevant ICC certifications.(2) Evidence of current ICC certifications required for approval by the council.(3) A statement signed by the inspector certifying that:(A) the inspector's activities pursuant to the discharge of responsibilities as a third party site inspector will not result in financial benefit to the inspector via stock ownership or other financial interests in any producer, supplier, or vendor of products involved other than through standard fees for services rendered;(B) the inspector will consistently and uniformly implement the policies and determinations of the council with regard to interpretations of the mandatory building codes and rules;(C) the inspector will enforce the mandatory building codes adopted by the council;(D) all information contained in the application for approval as a third party site inspector is true, timely, and correct; and(E) all future changes will be immediately communicated to the department.(b) The minimum qualifications for a third party site inspector are as follows:(1) a high school diploma or equivalent;(2) a minimum of three years experience in building code enforcement, building inspections, or building experience. At least one year of experience shall be in the performance of building inspections;(3) one of the following energy code certifications: certification as a residential energy inspector/plans examiner, as a commercial energy inspector, or both. The inspector must have a residential energy certification to inspect housing and a commercial energy certification to inspect buildings;(4) one of the following code certification combinations:(A) a residential combination inspector as granted by ICC. In lieu of a residential combination inspector the inspector may have one of each of the individual certifications that are needed for certification as a residential combination inspector, commercial combination inspector, or combination inspector. Inspectors with residential inspector certifications may only perform site inspections for industrialized housing complying with the International Residential Code; or(B) a commercial combination inspector as granted by ICC. In lieu of a commercial combination inspector the inspector may have one of each of the individual certifications that are needed for certification as a commercial combination inspector or a combination inspector. Inspectors with a commercial inspector certification may only perform site inspections for industrialized buildings or site-built REFs; or(C) a combination inspector as granted by ICC. In lieu of a combination inspector the inspector may have one of each of the individual certifications that are needed for certification as a combination inspector. Inspectors with this certification may perform site inspections for any industrialized housing, buildings, or site-built REFs; and(5) ICC or NFPA certification as a fire inspector II if the inspector will perform installation inspections of industrialized housing or buildings over 75 feet in height.", "sourceNote": "Source Note: The provisions of this §70.24 adopted to be effective January 1, 2010, 34 TexReg 9409; amended to be effective March 15, 2020, 45 TexReg 1674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198680", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.25", "label": "Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198681", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General.(1) A person who engages in the assembly, connection, and on-site construction and erection of modules or modular components at the building site for persons other than themselves, or who purchases industrialized housing or buildings, or modular components, for sale or lease to the public, may not file for a permit.(2) The application shall be submitted on a form supplied by the department and shall contain such information as may be required by the department. A person who applies for a permit certifies at the time of application that all construction shall be in compliance with the mandatory building codes, the approved and/or engineered plans and department rules, and shall be inspected in accordance with the inspection procedures established by the council.(3) Subcontractors of a person holding a permit are not required to be registered as industrialized builders. Subcontractors or persons responsible for the electrical, plumbing, and HVAC construction shall be licensed as required by the applicable state statutes.(4) The application shall be accompanied by the fee set forth in §70.80.(5) An installation permit or alteration permit shall not be issued for a structure that is taller than 75 feet in height.(b) Installation Permit--Residential.(1) A person who purchases an industrialized house or residential modular component from an industrialized builder for the person's own use and who is responsible for some aspect of the construction related to the installation of the house may file for a residential installation permit in lieu of registering as an industrialized builder.(2) A person who purchases an industrialized house or residential modular component from a manufacturer for the person's own use and who is responsible for all of the construction related to the installation of the house may file for a residential installation permit in lieu of registering as an industrialized builder.(3) A separate application shall be submitted for each building that contains industrialized housing or residential modular components.(4) The installation permit application shall identify all construction to be completed by the permit holder. Any construction completed by the permit holder on the installation site that affects the code compliance of the industrialized house shall be identified on the installation permit application. Construction may include, but is not limited to, grading of the property to assure code compliant drainage, completion of the plumbing systems, completion of the electrical systems, completion of the HVAC system, addition of porches, steps, decks, and railings, and addition of an attached garage or carport.(5) The installation permit shall be posted at the installation site.(c) Installation Permit--Commercial.(1) A person who purchases an industrialized building or modular component for the person's own use and who is responsible for construction related to the installation of the building may file for a commercial installation permit in lieu of registering as an industrialized builder.(2) A separate application shall be submitted for each building that contains industrialized building modules or modular components.(3) The installation permit shall be posted at the installation site for all buildings that are required to have site inspections in accordance with §70.73.(d) Alteration Permit.(1) A person who is not registered as an industrialized builder, who will alter the construction of industrialized housing or buildings for the person's own use, and who is responsible for the alteration construction of the house or building may file for an alteration permit in lieu of registering as an industrialized builder.(A) Alteration permits are required for alterations of portable industrialized buildings.(B) Alteration permits are required for alterations of industrialized housing or permanent industrialized buildings during installation outside the jurisdiction of a municipality. Alterations of industrialized housing or permanent industrialized buildings after installation do not fall under the jurisdiction of the department.(C) Alteration permits are not required for alterations of industrialized housing or permanent industrialized buildings during installation inside the jurisdiction of a municipality.(2) A separate application shall be submitted for each project address.(3) The alteration permit shall be posted at the site where the construction will be performed.", "sourceNote": "Source Note: The provisions of this §70.25 adopted to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412; amended to be effective March 15, 2020, 45 TexReg 1674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198681", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173183", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The scope of this chapter is limited by Chapter 1202; accordingly, it does not apply to:(1) mobile homes or HUD-code manufactured homes as defined in Texas Occupations Code, Chapter 1201;(2) housing or buildings:(A) of open construction;(B) that are constructed of sectional or panelized systems not utilizing modular components; or(C) that are built of modules or modular components that are constructed at the installation site.(D) Exception: Relocatable educational facilities purchased or leased on or after January 1, 2010 are required to be certified regardless of where the facility is built.(3) ready-built homes which are constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location, provided that modular components are not used in the construction of the ready-built home. A temporary location would include a lumber yard, a vacant lot, or other similar area that is not used exclusively for the construction of buildings;(4) a commercial building or structure that is:(A) installed in a manner other than on a permanent foundation; and(B) either:(i) is not open to the public; or(ii) is less than 1,500 square feet in total area and used other than as a school or a place of religious worship;(5) buildings that are specifically referenced in the mandatory building codes as exempt from permits; or(6) construction site buildings.(b) The installation of an industrialized house or a permanent industrialized building that is moved from the first installation site to a new installation site is subject to the permitting and approval requirements of the local authorities.", "sourceNote": "Source Note: The provisions of this §70.30 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective October 1, 2016, 41 TexReg 7259; amended to be effective March 15, 2020, 45 TexReg 1674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173183", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.50", "label": "Reporting Requirements for IHB Registrants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167010", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The manufacturer shall submit a monthly report to the department, of all industrialized housing, buildings, modules, and modular components that were constructed and to which decals and insignia were attached during the month.(1) The report shall be filed in a format required by the department by no later than the 10th day of the following month.(2) The manufacturer shall keep a copy of the monthly report on file for a minimum of five years.(3) Any corrections to reports previously filed shall clearly indicate the corrections to be made and the month and date of the report that is being corrected.(4) The report shall contain:(A) the serial or identification number of the units;(B) the decal or insignia number attached to each identified unit;(C) the name and registration number of the industrialized builder (as assigned by the department), or the installation permit number (as assigned by the department) of the person, to whom the units were sold, consigned, and shipped. The requirements contained in §70.20(3) shall apply when an installation permit is reported in lieu of the registration number of an industrialized builder;(D) the date the decal or insignia was attached to the unit;(E) an identification of the use of the structure for which the units are designed. For example, will the complete structure be used as a single family residence, a classroom or school, a duplex, a church, a restaurant, an equipment shelter, a bank building, a hazardous storage building, etc. Modular building, kiosk and similar terms are not to be used to describe the use of the completed building;(F) any other information the department may require; and(G) an indication of zero units if there was no activity for the reporting month.(5) A manufacturer that takes possession of units that have not been installed, but that were previously reported as shipped, shall report the disposition of those units on the manufacturer's monthly report.(b) Each industrialized builder responsible for any portion of the on-site construction in accordance with §70.73 shall keep records of all industrialized housing, buildings, modules, and modular components that were sold, leased, or installed. The records shall be kept for a minimum of 10 years from the date of the final on-site inspection report and made available to the department upon request. These records shall include the following:(1) Decal or insignia number and corresponding serial number from the manufacturer of each module or modular component installed;(2) Documents showing compliance with §70.75;(3) The address where each module or modular component was installed;(4) Date the on-site construction began at the installation site;(5) The occupancy use of each building containing modules or modular components. Examples of the occupancy use of each building include, but are not limited to, the following: portable classroom buildings; school buildings; restaurants; bank buildings; equipment shelters; single-family residences; duplexes; apartment buildings; dormitories; and hazardous storage buildings;(6) A copy of the site-specific foundation drawings;(7) A copy of any unique on-site construction detail drawings;(8) A copy of the on-site inspection reports.(9) The date of the successful on-site inspection in accordance with §70.73(d);(10) The name and registration number of the industrialized builder responsible for any on-site construction not completed by the first industrialized builder.(11) A copy of the installation permit of the permit holder responsible for any on-site construction not completed by the industrialized builder; and(12) Records as necessary to demonstrate compliance with requirements of the mandatory building codes and the rules governing the installation of industrialized housing and buildings. These records may include the following:(A) material documentation reports;(B) test reports;(C) documents showing the use of licensed sub-contractors in accordance with applicable state laws; or(D) other records that demonstrate mandatory building code compliance.(c) Each industrialized builder who is not responsible for any portion of the on-site construction in accordance with §70.73 shall keep records of all industrialized housing, buildings, modules, and modular components that were sold or leased and make a copy of the records available to the department upon request. The records shall be kept for a minimum of 5 years from the date of sale or lease of each industrialized house, building, module, or modular component. These records shall include the following.(1) Decal or insignia number and the corresponding serial number from the manufacturer of each module or modular component sold or leased;(2) Documents showing compliance with §70.75.(3) The address where the modules or modular components were shipped.(4) Either of the following:(A) the name and registration number of the industrialized builder who received the modules or modular components; or(B) a copy of the installation permit of the permit holder who received the modules or modular components.(5) Documentation showing the sale, lease or transfer of the industrialized housing, buildings, modules or modular components to another industrialized builder or to an installation permit holder.(d) The department may conduct an audit of any of the records identified in subsections (b) and (c) to verify compliance with this chapter and Texas Occupations Code, Chapter 1202. The industrialized builder shall provide the information and records requested by the audit within the time frame set by the audit.(e) Each REF builder shall keep records of all REFs constructed for a minimum of 10 years and provide a copy of these records to the department upon request. At a minimum the records shall include copies of the approved construction documents, inspection reports, and construction address for each REF.(f) An installation permit holder shall keep a copy of the foundation plans and other construction plans and, for units installed outside the jurisdiction of a municipality, the site inspection report in accordance with §70.73 for a period of ten years from the date of successful completion of the final inspection of the industrialized house or building. A copy of these records shall be provided to the department upon request.", "sourceNote": "Source Note: The provisions of this §70.50 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective September 13, 1999, 24 TexReg 7224; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective August 14, 2002, 27 TexReg 7103; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective October 3, 2004, 29 TexReg 9182; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412; amended to be effective November 1, 2015, 40 TexReg 5146." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167010", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.51", "label": "Third Party Inspection Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224517", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In-plant inspections. A third party inspector or third party inspection agency shall file inspection reports on the forms and in the format required by the department (in accordance with any requirements set by the council).(1) The TPIA must keep on file, for a minimum of 5 years, a copy of all inspection reports for inspections performed by the TPIA/TPI.(2) Reports shall be filed with the department each week or at such other intervals as the department may require pursuant to council instructions.(b) On-site inspections--construction of site-built REFs. A council-approved inspector shall file inspection reports on the forms and in the format required by the department (in accordance with any requirements set by the council).(1) The council-approved inspector shall keep a copy of all inspection reports for a minimum of 5 years from the date each unit covered by the inspection report receives a Texas decal.(2) Reports shall be filed with the department each week or at such intervals as the department may require pursuant to council instructions.(c) On-site inspections--installation of industrialized housing and buildings. A council-approved inspector shall document inspections on the forms and in the format required by the department (in accordance with any requirements set by the council).(1) The council-approved inspector shall keep a copy of all inspection reports for a minimum of 5 years from the date of inspection.(2) The council-approved inspector shall make a copy of the on-site inspection reports for industrialized housing and buildings, including the final on-site inspection report and the date of the final inspection, available to the department upon request.(3) The council-approved inspector shall notify the department if the industrialized builder or installation permit holder fails to call for final inspection within 180 days of the start of construction as required by §70.73.(4) The council-approved inspector shall notify the department whenever the industrialized builder or installation permit holder fails to correct deviations prior to occupation of the industrialized house or building.", "sourceNote": "Source Note: The provisions of this §70.51 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224517", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.60", "label": "Responsibilities of the Department--Plant Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143826", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each separate manufacturing facility will go through a certification inspection before decals or insignia will be released to the manufacturer.(b) A change in address of a certified manufacturer will require review and possible certification or partial certification inspection of the plant at the new location.(c) The executive director may authorize 100% inspection of industrialized housing or buildings constructed by an uncertified manufacturer in lieu of certification and a compliance control program as required by §70.70(c) in accordance with the following.(1) The 100% inspection may be approved only in the following circumstances:(A) the house or building is required to aid in a disaster that has been officially declared by the United States government, a state government, or a political subdivision of either;(B) the US State Department has issued travel warnings for travel outside of the United States relating to or affecting the location of the plant to be certified;(C) the industrialized house or building is a one-time project and the manufacturer certifies to the department that it will not construct additional industrialized housing or buildings for placement in this state without going through the certification inspection process; and(D) other extenuating circumstances if approved by the executive director. If the executive director does not approve a request under this subsection, the manufacturer may ask the council to approve the 100% inspection.(2) The manufacturer must still register as a manufacturer in accordance with §70.20.(3) Plan review and approval will still be required in accordance with §70.70.(4) The manufacturer will purchase decals for the unit or units in accordance with §70.77 with the following exceptions:(A) the decals will not be released until the manufacturer has provided the industrialized builder registration number or installation permit number of the person who purchased the unit and who will be responsible for the on-site construction;(B) the decal will not be released until all inspection fees have been paid; and(C) the decals will be released only to the inspector for attachment to the units upon completion of a successful final inspection.(5) The 100% inspection will be conducted by inspectors designated by the department and may include department personnel or approved third-party inspectors. Inspections will be completed in accordance with procedures approved by the council.(6) Inspections performed by third party inspectors shall be audited by department staff.(d) The plant certification inspection will be conducted by a certification team designated by the department. The team shall consist of:(1) a team leader, who is either a department employee, an engineer, or other qualified person as determined by procedures established by the council; and(2) one or more department inspectors or third party inspectors.(e) The following persons may not solicit, offer, or agree to provide future design review or in-plant inspection services for the manufacturer prior to the manufacturer completing all certification requirements:(1) an agency other than the manufacturer's current third-party inspection agency (TPIA) or design review agency (DRA) that provides a certification team member; and(2) any team member that is not employed by the manufacturer's current TPIA or DRA.(f) The inspection shall be conducted in accordance with the procedures established by the council. A certification inspection has two primary purposes:(1) to verify that the manufacturer is capable of producing modules or modular components that comply with the law and the rules, mandatory building codes, and approved design package; and(2) to verify that the manufacturer's approved compliance control program will ensure compliance now and in the future.(g) The team will become familiar with all aspects of the manufacturer's approved design package. Structures on the production line will be checked to assure that failures to conform located by the certification team are being located by the plant compliance control program and are being corrected by the plant personnel. The certification team will work closely with the plant compliance control personnel to assure that the approved design package and compliance control manuals for the facility are clearly understood and followed. If deemed necessary by the certification team, a representative of the design review agency must be present during the inspection. At least one module or modular component containing all systems, or a combination of modules or modular components containing all systems, shall be observed during all phases of construction. The team must inspect all modules or modular components in the production line for Texas during the certification. The plant certification inspection will terminate when the certification team has fully evaluated all aspects of the manufacturing facility.(h) The certification team will issue a plant certification, or facility evaluation, report to the manufacturer when the department has determined that the manufacturer has met the requirements for certification. A copy of the plant certification report will also be forwarded to the third party inspection agency responsible for in-plant inspections. The manufacturer and third party inspection agency will be responsible for ensuring that all conditions of certification as outlined in the certification report are met. The manufacturer must keep a copy of this report in their permanent records. The report will contain, at a minimum, the following information:(1) the name and address of the manufacturer;(2) the names and titles of personnel performing the certification inspection;(3) the serial or identification numbers of the modules or modular components inspected;(4) a list of nonconformances observed on the modules or modular components inspected (with appropriate design package references) and corrective action taken in each case;(5) a list of deviations from the approved compliance control procedures (with section or manual references) observed during the certification inspection with the corrective action taken in each case;(6) a list of conditions of certification with which the manufacturer must comply to maintain the certification;(7) the date of certification;(8) the following statement: \"This report concludes that (name of agency), after evaluating the facility, certifies that (name of factory) of (city) is capable of producing (industrialized housing and buildings or modular components) in accordance with the approved building system and compliance control manuals on file in the manufacturing facility and in compliance with the requirements of the Texas Industrialized Building Code Council\"; and(9) the signature of an authorized department employee.(i) A manufacturer that wishes to construct modules or modular components outside the scope of the manufacturer's certification must successfully complete a certification update inspection for the aspects of construction for which the manufacturer is not currently certified.(j) If the department determines that the manufacturer is not capable of meeting the certification requirements or that the manufacturer is unable to complete the certification inspection requirements, then the certification team will issue a non-compliance report. The non-compliance report will detail the specific areas in which the manufacturer was found to be deficient and may make recommendations for improvement.(k) If any personnel of a design review agency or third party inspection agency participate as members of a certification team, the agency is considered a participant in the certification team and is responsible for compliance with Texas Occupations Code, Chapter 1202, rules adopted by the commission, and decision, actions, and interpretations of the council in performing the certification, inspection and related activities.", "sourceNote": "Source Note: The provisions of this §70.60 adopted to be\r\neffective November 16, 1993, 18 TexReg 7925; amended to be effective\r\nAugust 1, 1996, 21 TexReg 6619; amended to be effective March 16,\r\n1998, 23 TexReg 1305; amended to be effective June 1, 2006, 31 TexReg\r\n4420; amended to be effective May 1, 2007, 32 TexReg 2359; amended\r\nto be effective May 1, 2008, 33 TexReg 3409; amended to be effective\r\nJanuary 1, 2010, 34 TexReg 9409; amended to be effective November\r\n1, 2015, 40 TexReg 5146; amended to be effective March 15, 2020, 45\r\nTexReg 1674; amended to be effective April 1, 2025, 50 TexReg 2189." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143826", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.61", "label": "Responsibilities of the Department--Monitoring Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167011", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall monitor and evaluate the performance of third party inspection agencies, third party inspectors, third party site inspectors, and design review agencies in accordance with procedures set by the council, and make performance reports and recommendations to the council as may be necessary.(b) The manufacturer shall reimburse the department an hourly monitoring fee for expenses incurred outside headquarters in monitoring the performance of the third party inspection agency or third party inspector.(c) The industrialized builder or the REF builder shall reimburse the department an hourly monitoring fee for expenses incurred outside headquarters in monitoring the performance of the third party inspection agency, third party inspector, or third party site inspector.(d) The design review agency shall reimburse the department an hourly monitoring fee for expenses incurred outside headquarters in monitoring the performance of the agency.", "sourceNote": "Source Note: The provisions of this §70.61 adopted to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167011", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.62", "label": "Responsibilities of the Local Building Official--Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143828", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Installation inspections. When the installation site is within a municipality that has a building inspection agency or department, the local building official will inspect all on-site construction and the attachment of the structure to the foundation to assure completion and attachment in accordance with the approved design package, the engineered foundation system, any unique on-site details, and the mandatory building codes. As a minimum the local building official shall:(1) perform an overall visual inspection for obvious nonconformity to the approved design manual, the engineered foundation system, any unique on-site details, and the mandatory building code;(2) require final inspections along with any tests that are required by the approved installation instructions, on-site construction documentation, and/or the mandatory building code;(3) require the correction of deficiencies identified by the tests or discovered in inspections;(4) issue a certificate of occupancy in accordance with locally adopted rules and regulations;(5) provide the industrialized builder with a record of a successful final inspection of on-site construction as defined in §70.73(d); and(6) provide the date of the final inspection.(b) Site-built REFs. When an REF is constructed within a municipality that has a building inspection agency or department, the local building official will inspect all construction to assure completion in accordance with the approved construction documents in accordance with §70.70(b) and other construction documentation in accordance with §70.70(e).", "sourceNote": "Source Note: The provisions of this §70.62 adopted to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143828", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.63", "label": "Council's Responsibilities--Compliance Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The council shall resolve any dispute, disagreement, or difference of opinion between the design review agency (or department when acting as a design review agency) and a local building official as to whether the approved design package meets or exceeds the requirements of the mandatory building codes set forth in this chapter. The council's decision shall be binding on all parties.(b) Questions concerning the code compliance of an approved design package shall be raised prior to issuance of a building permit. The local building official shall forward in writing to the executive director any instances where it is found that the approved design package for a building to be located within his municipality does not meet the mandatory building codes adopted in this chapter. The documentation shall specify the code sections and the reasons why the design package fails to meet the mandatory building codes.(1) If the approved design package is found to be in compliance, then the executive director shall notify all concerned parties and the local building official shall issue a building permit.(2) If the approved design package is not in compliance, then the executive director shall notify all concerned parties and the industrialized builder or manufacturer shall bring the building into compliance with the mandatory building codes.(3) If the building official, industrialized builder, or manufacturer disagrees with the decision of the executive director, then the council shall determine at the next scheduled meeting if the approved design package complies with the mandatory building codes. The decision of the council shall be binding on all parties.(c) The executive director shall attempt to resolve a dispute or difference of opinion concerning the code compliance of an approved design package or a unit under construction between a manufacturer and the third party inspector during an in-plant inspection. Disputes or differences of opinion that cannot be resolved by the executive director shall be forwarded to the council for resolution at their next scheduled meeting. The decision of the council shall be binding on all parties.(d) The executive director shall attempt to resolve a dispute or difference of opinion between an industrialized builder or installation permit holder and a local building official or third party inspector or third party site inspector concerning the code compliance of the construction of the foundation or installation of an industrialized house or building. Disputes or differences of opinion that cannot be resolved shall be forwarded to the council at their next scheduled meeting. The decision of the council shall be binding on all parties.", "sourceNote": "Source Note: The provisions of this §70.63 adopted to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143829", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.64", "label": "Responsibilities of the Department--Proprietary Information Protected" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143830", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All designs, plans, specifications, compliance control programs, manuals, on-site construction instructions and documentation, information relating to alternate methods or materials, or any other documents submitted by a manufacturer, industrialized builder, or REF builder to the council, the department, or local building official are proprietary information and shall only be used for purposes of assuring compliance with the provisions of the Industrialized Housing and Buildings statute and this chapter.(b) The items and information set forth in subsection (a) furnished by the manufacturer, industrialized builder or REF builder to the council, the department, or local building official, shall not be copied or distributed to any other person except with the manufacturer's, industrialized builder's or REF builder's written permission except as needed to assure compliance with the provisions of the Act, or under the direction of the Texas attorney general pursuant to the Texas Public Information Act, Texas Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §70.64 adopted to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143830", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.65", "label": "Responsibilities of the Commission--Reciprocity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198683", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Industrialized housing and buildings designed and constructed by a manufacturer in this state for delivery and placement on a building site in another state are not subject to this chapter unless the units are constructed under the terms of a reciprocity agreement with the other state.(b) The commission may enter a reciprocal agreement with another state to authorize building inspections of industrialized housing or buildings constructed in that state to be performed by an inspector of the equivalent regulatory agency of that state provided that:(1) the commission finds that the standards prescribed by the statute or rules of the other state meet the objectives of Texas Occupations Code, Chapter 1202;(2) the commission finds that the standards are satisfactorily enforced by the other state or its agents; and(3) the standards of the other state shall not be deemed to be adequately enforced unless the other state provides for immediate written notification to the executive director of suspensions or revocations of approvals of manufacturers by the other state.(c) If the commission enters a reciprocity agreement with another state, then the commission will accept industrialized housing and buildings which have been inspected by the reciprocal state and which have the appropriate decal, label, or insignia of the reciprocal state. Manufacturers in the reciprocal state who construct industrialized housing and buildings for Texas will be subject to the following.(1) Manufacturers must be registered in Texas in accordance with §70.20. The manufacturer must submit evidence that its building system and compliance control program have been approved by the reciprocal state. The executive director shall verify the approval and maintain a list of manufacturers approved under the terms of the reciprocity agreement.(2) Industrialized housing, buildings, modules, and modular components will be constructed in accordance with the codes referenced in §70.100 and any amendments to those codes in accordance with §70.101. The code used will be determined in accordance with §70.102.(3) Review and approval of the manufacturer's design package will be in accordance with §70.70 except that the reciprocity agreement with the reciprocal state will accept the compliance control program approved by the reciprocal state for that manufacturer. All inspections performed by the reciprocal state must be in accordance with documents reviewed and approved by a council-approved design review agency or the department when acting as a design review agency.(4) The manufacturer will assign a Texas decal or insignia to each module or modular component for Texas in accordance with §70.77. The Texas decal or insignia will be placed in the vicinity of the decal, label, or insignia of the reciprocal state.(5) The manufacturer will permanently attach a data plate to each industrialized house or building in accordance with §70.71.(6) The manufacturer will submit a monthly report to the executive director in accordance with §70.50.(d) If the commission determines that the standards for the manufacture and inspection of industrialized housing and buildings in a reciprocal state, with which the commission has entered a reciprocal agreement, do not meet the objectives of Chapter 1202 or are not being enforced by the reciprocal state, then the commission shall suspend or revoke the reciprocal agreement. The reciprocal state and affected manufacturers will receive written notification of the reasons for the suspension or revocation of the agreement.", "sourceNote": "Source Note: The provisions of this §70.65 adopted to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198683", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.70", "label": "Responsibilities of the Registrants--Manufacturer's Design Package and REF Builder's Construction Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143832", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Review and approval. The manufacturer's design package and the REF builder's construction documents must be reviewed and approved in accordance with the following.(1) The manufacturer or REF builder shall select a council-approved design review agency (DRA) to perform all required review and evaluation of plans, designs, specifications, compliance control, and on-site construction documentation, etc. This selection shall be made in writing to the executive director and will state the name, address, and registration number of the design review agency selected.(2) An approved DRA shall review all designs, plans, specifications, calculations, compliance control programs, on-site construction documentation or specifications, and other documents as necessary to assure compliance with the mandatory building codes in accordance with the interpretations, instructions, and determinations of the council.(A) The reviews are to be performed or directly supervised by the DRA's certified plans reviewers for the discipline (electrical, plumbing, mechanical, structural, building planning, or fire safety) as listed and approved in the agency's organizational chart. A DRA's plans reviewers must be certified pursuant to the criteria established by the council as set forth in §70.22.(B) The DRA will obtain from the manufacturer or REF builder all information necessary to assure that the manufacturer's designs and procedures are in compliance with the mandatory building codes and the sections in this chapter.(3) All documents shall have pages numbered and arranged in accordance with a table of contents. The floor plans shall have no scale smaller than 1/8th inch equals one foot. All documents shall be identified to indicate the manufacturer's or REF builder's name and registered physical address.(4) The DRA will signify approval of a drawing, specification, calculation, or any other document, including revisions and additions, in the manufacturer's design package and in the REF builder's construction documents by applying the council's stamp to each page.(A) An alternate council stamp as approved by the council may be used on all designs, plans, specifications, calculations, and other documentation with the exception of the first or cover page and the table of contents or index pages of the design package.(B) The original council stamp with original signature will be required on the first or cover page and the table of contents or index pages of the design package.(C) The signature on the original council stamp must be the signature of the manager or chief executive officer of the DRA. The manager or chief executive officer of the DRA must be licensed in the State of Texas as a professional engineer or architect in accordance with the criteria for approval of DRA's established by the council.(D) The stamp shall not be placed on any designs, plans, or specifications that do not meet the requirements of the applicable mandatory building codes or the requirements of these sections.(E) The DRA shall forward a copy of all approved documents to the department within 5 days of approval and shall forward one approved copy to the manufacturer or the REF builder.(F) The DRA shall keep copies of all approved documents for a minimum of 5 years from the date that these documents are superseded by adoption of later editions of the mandatory building codes and make a copy of these documents available to the department upon request.(G) The manufacturer shall keep a copy of all approved documents for a minimum of ten years from the date the last unit constructed from the documents is shipped and make a copy of these documents available to the department upon request.(H) The REF builder shall keep a copy of all approved construction documents for a minimum of 10 years from the date of completion of the units covered by the documents and make a copy of these documents available to the department upon request.(I) The manufacturer or the REF builder shall make a copy of all approved documents available to the person performing inspections.(5) Manufacturers and REF builders will be notified of the change in code editions 180 days before the effective date of the change. Manufacturers or REF builders who wish to continue building to previously approved documents must resubmit these documents to their DRA for review and approval to the new code editions. Only documents that meet the new code editions may be approved. Approval of these documents will be evidenced by application of a new approval date and the council's stamp of approval to each document.(A) All construction begun on or after effective date of adoption of the new code editions must comply with the new code editions and be constructed in accordance with design packages approved to the new code editions.(B) Construction to plans approved to the old code editions begun prior to effective date of adoption of the new code editions, or prior to the manufacturer's effective transition date, must be completed, inspected by a Texas approved inspector, and labeled (TX decal must be attached to the unit) within 180 days of the adoption of the new code editions, or the unit shall not be eligible for a Texas decal.(C) A manufacturer may transition from the current code edition to the new code edition as follows.(i) The approval date on all documents in the manufacturer's design package will be on or after the effective date of adoption of the new edition of the codes in §70.100. Approvals dated before the effective date of adoption of the codes in §70.100 will no longer be valid for new construction by the manufacturer.(ii) The manufacturer may transition approval of documents in his design package any time within the 180 days prior to the effective date of the adoption of the new editions of the codes. The manufacturer must notify the department in writing of the effective date of transition. All documents approved on or after that date shall be to the new editions of the codes. All previously approved supporting documentation, such as compliance control manuals, system calculations, etc., must be resubmitted to the DRA for review and approval to the new code editions and must be approved as of the effective date of transition specified by the manufacturer. Approvals dated before the transition date of adoption of the codes in §70.100 will no longer be valid for new construction by the manufacturer.(6) A DRA may withdraw the approval of any document whenever the approval is later found to be in violation of code requirements or the rules and regulations in this chapter. Notice of the withdrawal of the approval shall be in writing and shall set forth the reasons for the withdrawal. Any withdrawal of approval shall have prospective effect only, except for life safety items.(7) A DRA may not revise or correct documents submitted for review and approval by the manufacturer or REF builder except as provided in this subsection. DRAs may make red ink corrections to documents provided the corrections meet all of the following criteria:(A) limited to corrections of minor deviations;(B) the corrected items can be verified by reference to prescriptive code requirements;(C) the change does not involve any change of design or require design;(D) the red ink correction is valid for 10 working days and may not be extended; and(E) the corrections must be numbered and initialed by the DRA and the statement, \"As noted with (number) corrections\" shall appear near the stamp of the council with the number of corrections entered.(b) In-plant documentation for manufacturers and construction documents for REF builders. The manufacturer and REF builder shall provide the DRA the documentation necessary to demonstrate compliance with the mandatory building codes in §70.100 and §70.101. At a minimum the documentation shall include the following:(1) specifications or detail drawings for all materials, devices, appliances, equipment, and fasteners used in construction, including listings and evaluation reports for materials or methods of construction where required by the mandatory building code or to demonstrate compliance of an approved alternate material or method of construction in accordance with §70.103;(2) detailed drawings of all assemblies and components (with cross-sections as necessary to identify major building components);(3) floor plans for all models and options;(4) electrical schematics for all models and options;(5) water system and drain-waste-vent system drawings for all models and options;(6) gas piping system drawings for all models and options;(7) mechanical system drawings for all models and options;(8) fire protection, fire safety, and exit details;(9) energy compliance details, including any local amendments or alternative compliance paths to which the structure will be constructed under Occupations Code, Section 1202.1536;(10) heating, ventilation, and air conditioning details;(11) structural, thermal, and electrical load calculations;(12) weather resistance details;(13) condensation protection details;(14) decay protection details;(15) insect and vermin protection details;(16) fastening schedule;(17) assembly and connection instructions for all components, materials, devices, equipment, and appliances;(18) together on either the floor plan or the cover or title sheet for each model or project in a title block format:(A) name and date of applicable codes;(B) identification of permissible type of gas for appliances;(C) maximum snow load (roof)(psf);(D) maximum wind speed (mph) and exposure;(E) seismic design criteria;(F) occupancy/use group type;(G) construction type;(H) special conditions and/or limitations;(I) the location of the data plate on the building or dwelling unit; and(J) the location of the decal or insignia on each module or modular component, or for REF builders, the location of the decal on the building;(19) compliance control manual (reference subsection (c)); and(20) on-site construction documentation (reference subsection (d)).(c) Compliance control program for manufacturers. The utilization of mass production techniques and assembly line methods in the construction of industrialized housing, buildings, modules, and modular components along with the fact that a large part of such construction cannot be inspected at the ultimate building site, requires manufacturers to develop an adequate compliance control program to assure that these structures meet or exceed mandatory code requirements and are in compliance with the rules and regulations of this chapter. The compliance control program shall be documented in the form of a manual that must be approved by the design review agency. A 100% inspection of the construction of industrialized housing or buildings may be authorized in lieu of a compliance control program and certification of the manufacturer in accordance with §70.60. The manufacturer shall provide the design review agency a compliance control manual that must, at the minimum, contain the following:(1) a table of contents;(2) a chart indicating the manufacturer's organizational structure to assure compliance and to assure that the compliance control staff shall maintain independence from the production personnel;(3) a statement that defines the obligation, responsibility, and authority for the manufacturer's compliance control program;(4) identification of compliance control personnel, their accountability by position, responsibility for inspections, method of marking nonconformances observed, and system for assuring corrections are made;(5) materials handling methods, including inspection checklists, for receiving materials and methods for marking and removing rejected materials both upon receipt and from the production line. The area for rejected materials must be clearly indicated to assure that such material is not used;(6) a description of an identification system to mark each individual module, or modular component, at the first stage of production to assure appropriate inspection and rechecking of any deviation corrections;(7) a diagram of the manufacturing sequence with the plant layout, including a description of the activities to be performed along with a listing of those that may be performed at one or more stations;(8) an inspection checklist including:(A) a list of inspections to be made at each production station; and(B) accept/reject criteria (each significant dimension and component should be given tolerances);(C) an energy compliance checklist that enumerates the energy code-compliance features of the module or modules and includes a signature space for the compliance control inspector or manager. A copy of this checklist shall be shipped with the module or modules.(9) step-by-step test procedures, a description of the station at which each production test is performed, a description of required testing equipment, and procedures for periodic checking, recalibration, and readjustment of test equipment. Procedures shall be included for, but not limited to, electrical tests as specified in the National Electrical Code, Article 545.14 (as added by §70.101(j)(2)), gas supply pressure tests, water supply pressure tests, drain-waste-vent system tests, concrete slump tests, and concrete strength tests;(10) storage procedures for completed structures at the plant and for any other locations prior to installation;(11) a statement indicating the person who is responsible for compliance control at each manufacturing facility and who will assume responsibility for decals and insignia, application of the decals and insignia, and the reporting procedure;(12) a procedure for maintaining reliable, retrievable records of the inspections performed, decal and insignia numbers assigned, the deficiencies and how they were corrected, and the site to which the modules or modular components were transported;(13) procedures and information to demonstrate how the modules and modular components are to be transported to the building site so that damage will not occur or that compliance deviations will not result (actual transportation without damage or deviation is evidence sufficient to justify the method); and(14) procedures that assure that the compliance control procedures are complied with on all regulated structures. As a minimum, regulated structures must be identified prior to commencing construction.(d) On-site construction specifications or documentation for manufacturers. All work to be performed on the building site shall be specifically identified and distinguished from construction to be performed in the manufacturing facility, e.g., assembly and connection of all modules, modular components, systems, equipment, and appliances and attachment to the foundation system. The work to be performed on-site shall be described in detail in documents (architectural sheets, specifications, instructions, etc.) which shall be made available to the builder for use at the site and provided as required for review and inspection to the agency having local authority. The manufacturer shall provide the design review agency on-site construction documentation which must, at the minimum, contain the following:(1) critical load points for attachment of the house or building or component to the foundation;(2) details for module to module or modular component assembly and connection;(3) minimum requirements for connection and attachment of all modules and modular components to the foundation system;(4) firestopping and draftstopping details;(5) details for fire exits, balconies, walkways, and other site-built attachments;(6) exterior weatherproofing details;(7) details for thermal, condensation, decay, corrosion, and insect protection;(8) electrical, mechanical, heating, cooling, and plumbing system completion details;(9) electrical, mechanical, heating, cooling, and plumbing system test procedures;(10) fire safety provisions; and(11) specifications and instructions for cooling equipment, and complete information necessary to calculate sensible heat gain along with information on the sizing of the air distribution system, if applicable, and the R values of insulation in the ceiling, walls, and floors.(e) Other construction documentation for REF builders. Construction documentation for the foundation and site specific elements, such as ramps and stairs, of the site-built REFs shall be reviewed and approved by the DRA, the local building official, or, in areas where the building site is outside a municipality or within a municipality with no building department or agency, by the school district. At a minimum the documentation shall include all construction documentation necessary to complete the building at the first commercial site including a foundation system design meeting the requirements of §70.73(h). The use of ground anchors shall comply with §70.73(i).(f) Non-site specific buildings. Whenever the manufacturer does not know, at the time of construction, where the building is to be placed, in lieu of providing the site specific construction details or typical site construction details as required in subsection (d), the manufacturer may provide special conditions and/or limitations on the placement of the building. These special conditions and/or limitations will serve to alert the local building official of items, such as handicapped accessibility and placement of the building on the property, which the local building official may need to verify for conformance to the mandatory building codes. Certain site-related details, such as module to module connections, must still be provided by the manufacturer. It is the responsibility of the DRA to verify that such site-related details are included in the manufacturer's approved design package.", "sourceNote": "Source Note: The provisions of this §70.70 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective August 8, 1991, 16 TexReg 4074; amended to be effective January 1, 1992, 16 TexReg 7476; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective December 20, 2000, 25 TexReg 12385; amended to be effective March 28, 2002, 27 TexReg 2223; amended to be effective August14, 2002, 27 TexReg 7103; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective October 3, 2004, 29 TexReg 9182; amended to be effective May 1, 2005, 30 TexReg 2504; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412; amended to be effective November 1, 2015, 40 TexReg 5146; amended to be effective March 15, 2020, 45 TexReg 1674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143832", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.71", "label": "Responsibilities of the Registrants--Data Plates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143833", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The manufacturer shall attach a data plate to each dwelling unit of a residential structure containing industrialized housing and buildings modules and to each appropriate unit of a commercial structure containing industrialized housing and buildings modules.(b) The REF builder shall attach a data plate to each site-built REF.(c) The data plate shall be made of a material that will not deteriorate over time and be permanently placed so that it cannot be removed without destruction. The data plate shall be placed in an easily accessible location as designated on the floor plan or on the cover or title sheet for each model or project. The data plate shall not be located on any readily removable item such as a cabinet door or similar component. Location of the data plate on the cover of the electrical distribution panel is acceptable.(d) The data plate must contain, as a minimum, the following information:(1) the manufacturer's or REF builder's name, registration number, and address;(2) for manufacturers, the serial or identification number of the unit; for REF builders an identification or project number for the building;(3) the State decal numbers;(4) the name and date of applicable codes;(5) an identification of permissible type of gas for appliances;(6) the maximum snow load (roof) (psf);(7) the maximum wind speed (mph) and exposure;(8) the seismic design criteria;(9) the occupancy/use group type;(10) the construction type; and(11) special conditions and/or limitations.(e) All modular components shall be marked with, or otherwise have permanently affixed, a data plate containing the following information:(1) the manufacturer's name, registration number, and address;(2) the serial or identification number of the component or components;(3) the State insignia number or numbers;(4) the name and date of applicable codes;(5) the design loads for the component; and(6) any special conditions of use for the component.(f) The information required in subsection (c) may be placed in the crate in which the component or components are shipped or on a tag attached to the crate or to the component if the component is such that the information may not be marked or permanently affixed to the component.", "sourceNote": "Source Note: The provisions of this §70.71 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective December 20, 2000, 25 TexReg 12385; amended to be effective March 28, 2002, 27 TexReg 2223; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143833", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.72", "label": "Responsibilities of the Registrants--In-plant Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198684", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The manufacturer shall designate in writing to the department the third party inspection agency that will be performing in-plant inspections. A manufacturer may designate more than one third party inspection agency to perform in-plant inspections. However, once an agency has begun the in-plant inspection on the modules for a project or building, the manufacturer may not change inspection agencies for that project or building.(b) The TPIA/TPI shall conduct announced or unannounced inspections at the manufacturing facility at reasonable, but varying, intervals to review any and all aspects of the manufacturer's production and compliance control program. It is the manufacturer's responsibility to assure that the inspections are accomplished as outlined in this subsection. The department will determine the frequency of modular component inspections.(1) The TPIA/TPI shall conduct inspections in accordance with procedures established by the council.(2) Inspection of every visible aspect of every module shall normally be made at least at one point prior to completion of the structural, plumbing, mechanical, or electrical phases. The department will determine the frequency of modular component inspections.(3) Inspection of system testing shall be made at least once every third inspection. Inspection of a of the energy compliance design shall be made at every inspection. Exception: For buildings that are not required to meet the envelope requirements of the mandatory energy code, inspection of the energy compliance design shall be made at least once every 3rd inspection.(c) Inspections at the manufacturing facility shall be increased in frequency as required by procedures established by the council or as necessary to assure that the manufacturer is performing in accordance with the approved compliance control manual.(d) Third party inspection agencies shall provide the department a written schedule of inspections a minimum of seven days prior to the inspection. If the inspection must be rescheduled for any reason, the TPIA must immediately inform the department of the schedule change.(e) The TPI/TPIA shall notify the manufacturer when an inspection shows that the manufacturer is not constructing structures or portions of structures in accordance with the approved design package or conducting compliance control inspections in accordance with the procedures in the approved design package. All deviations shall be documented by the TPI on the in-plant inspection report in accordance with the procedures approved by the council.(f) The TPIA shall furnish the manufacturer a copy of the inspection report upon completion of the in-plant inspection. The report must be kept in the manufacturer's file at least five years and a copy shall be provided to the department upon request.", "sourceNote": "Source Note: The provisions of this §70.72 adopted to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198684", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.73", "label": "Responsibilities of the Registrants--Building Site Construction and Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167015", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Industrialized housing shall be installed on a permanent foundation system.(b) The initial construction and inspection of a site-built REF at the 1st commercial site falls under the provisions of §70.79. Subsequent installation of REFs shall comply with this section.(c) Responsibility for on-site construction. The industrialized builder or installation permit holder shall be responsible for assuring that the foundation and the installation of an industrialized house, building, or site-built REF complies with the manufacturer's or REF builder's on-site construction specifications or documentation that have been approved in accordance with §70.70, any unique on-site construction details, the engineered foundation design, and the mandatory building codes.(1) The industrialized builder or installation permit holder is responsible for assuring that all sub-contractors are licensed as required by applicable state law.(2) The industrialized builder is not responsible for construction performed by the installation permit holder as specified on the installation permit application submitted to the department. Construction not covered by the installation permit is the responsibility of the industrialized builder.(3) The installation permit holder is responsible only for the construction specified on the installation permit application submitted to the department.(d) For purposes of this chapter and Texas Occupations Code, Chapter 1202, a final inspection of on-site construction of industrialized housing and buildings is successful if it meets one of the following.(1) Inside a municipality: All on-site construction has been completed to the satisfaction of the municipality's building inspection department and a record of final inspection was issued authorizing the release of the house or building for occupancy.(2) Outside the jurisdiction of a municipality or within a municipality without a building inspection department: All inspections required in accordance with subsection (f) have been completed and a final on-site inspection report has been issued with no outstanding violations from any of these inspections. For purposes of this section, a violation is any of the following:(A) on-site construction that does not meet the mandatory building codes;(B) failure to correct damage to the factory-built portion of the house or building that was caused by on-site construction;(C) on-site construction that does not follow the documents approved in accordance with §70.70, the engineered foundation system drawings, or unique on-site construction detail drawings; or(D) on-site construction that is incomplete.(e) Responsibility for inspections within jurisdiction of a municipality. When the building site is within a municipality that has a building inspection agency or department, the local building official will inspect all on-site construction done at the site and the attachment of the structure to the foundation to assure completion and attachment in accordance with the documents approved in accordance with §70.70, the foundation system drawings, any unique on-site construction detail drawings, and the mandatory building codes.(1) A municipality that regulates the on-site construction or installation of industrialized housing or buildings may require and review, for compliance with the mandatory building codes, a complete set of plans and specifications, including the foundation system design and any unique on-site construction details.(2) The industrialized builder or installation permit holder shall not permit occupation of, or release for occupation, the industrialized house or building unless approved by the municipality.(3) The industrialized builder or installation permit holder is responsible for ensuring that all inspections are completed in accordance with procedures established by the municipality's building inspection department.(f) Responsibility for inspections outside the jurisdiction of a municipality or within a municipality without a building inspection agency or department. When the building site is outside a municipality, or within a municipality that has no building department or agency, a council-approved inspector will perform the required inspections in accordance with this section and the inspection procedures established by the council to assure completion and attachment in accordance with the documents approved in accordance with §70.70, the mandatory building codes, the foundation system drawings, and any unique on-site construction detail drawings.(1) Minimum inspection requirements are listed below. Re-inspections are required whenever deviations from the approved construction documents or mandatory building codes are noted. Inspections may occur concurrently. The industrialized builder or installation permit holder shall ensure that work is not concealed prior to the inspection.(A) Inspections completed during installation shall be as required by the inspection requirements of Chapter 1 of the IBC, IMC, IPC, IFC, IFGC, IECC, IFC, and IRC as applicable.(B) A set inspection shall be completed for each module set or for each modular component installed.(C) Special inspections shall be completed as required per Chapter 17 of the IBC.(D) A final inspection shall be made after all construction and all corrections are complete.(2) For structures built in accordance with the IRC, the final inspection shall be completed within 180 days of the start of construction. For all other structures, the final inspection shall be completed within 365 days of the start of construction. The department may grant an extension upon receipt of a written request that demonstrates a justifiable cause.(3) Site inspections are required for the first installation of all industrialized housing and permanent industrialized buildings. Exception: Site inspections are not required for the installation of equipment buildings or shelters where the structure is occupied only during installation and maintenance of the equipment housed in the structure, unless the structure is also classified as a hazardous occupancy by the mandatory building code.(4) Site inspections are required for industrialized buildings that are designed to be moved from one commercial site to another commercial site if the buildings are used as a school or place of religious worship.(5) The industrialized builder, or installation permit holder, is responsible for scheduling each phase of the inspection with the inspector or inspection agency and for ensuring that all inspections have been completed.(A) The industrialized builder, or installation permit holder, may utilize a different inspector or inspection agency for different projects, but may not change the inspector or agency for a project once started without the written approval of the department.(B) Special inspections required by the mandatory building codes shall be conducted by persons who are approved in accordance with Council procedures and meet the qualification requirements outlined in Chapter 17 of the IBC or as required by applicable State laws. Persons or agencies that perform special inspections may not be changed once the inspection has begun without approval from the department.(6) The inspector shall give the industrialized builder or installation permit holder a copy of the site inspection report upon completion of each inspection including re-inspections. Violations shall be documented in accordance with the Council approved inspection procedures. The industrialized builder or installation permit holder is responsible for ensuring that all violations are corrected.(7) The industrialized builder, or installation permit holder, shall not permit occupancy, or release the house or building for occupation, until a successful final inspection has been completed. A final on-site inspection report shall be issued showing no outstanding violations prior to occupation, or release for occupation, of the house or building. Exception: Occupancy of the house or building may be permitted and approved with outstanding items provided that the items are not in violation of the mandatory building codes.(A) The industrialized builder or installation permit holder shall maintain a copy of the on-site inspection reports in accordance with the requirements of §70.50 and make a copy of all on-site inspection reports available to the department upon request. The reports shall include a list of all violations and corrective action in accordance with the inspection procedures approved by the council.(B) The industrialized builder shall give a copy of the on-site inspection reports to the owner of the building upon request.(C) The industrialized builder shall give a copy of the department's final on-site inspection report to the owner of the industrialized house at one of the following events:(i) the closing of the purchase of the house; or(ii) no later than 15 days after the successful final inspection of on-site construction is complete. A copy of the other on-site inspection reports shall be given to the owner if requested.(g) Destructive disassembly shall not be performed at the site in order to conduct tests or inspections on the modules or modular components completed in the plant and certified by the decal or insignia attached by the manufacturer, nor shall there be imposed standards or test criteria different from those required by the approved installation instructions, on-site construction documentation, and the applicable mandatory building code. Nondestructive disassembly may be performed only to the extent of opening access panels and cover plates.(h) Foundation system designs. A licensed professional engineer (or architect for one and two family dwellings or buildings having one story and total floor area of 5,000 square feet or less) shall design and seal the foundation systems for each industrialized house or building. Review by a DRA is not needed or required. A municipality that regulates the on-site construction or installation of industrialized housing or buildings may review the foundation system design for compliance with the mandatory building code. Foundation system designs shall comply with the mandatory building code referenced in §70.100 and §70.101 and shall contain complete details for the construction and attachment of the house or building on the foundation, including, but not limited to the following:(1) address or area for which the foundation is suitable;(2) minimum load specifications, including wind loads, seismic design loads, soil bearing capacity, and if the foundation is designed for expansive soils;(3) site preparation details;(4) material specifications;(5) requirements for corrosion resistance, protection against decay, and termite resistance;(6) size, configuration, and depth below grade of all footings, piers, and slabs including, but not limited to, details of concrete reinforcement, spacing of footings and piers, capping of piers, and mortar or concrete fill requirements for piers;(7) fastening requirements, including, but not limited to, size, spacing, and corrosion resistance;(8) requirements for surface drainage; and(9) details for enclosure of the crawl space, including details for ventilation and access.(i) Ground anchors. The use of ground anchors in the installation of industrialized housing is not permitted. The use of ground anchors in the installation of industrialized buildings is allowed if deemed appropriate by a municipality or other political subdivision. The foundation design shall be prepared by a licensed professional engineer and shall contain complete details for the construction and attachment of the building on the foundation, including, but not limited to the following:(1) address or area for which the foundation is suitable, including a soil investigative report prepared by a qualified engineer or a description of the soil type for which the anchoring system is suitable;(2) minimum load specifications, including wind loads, seismic design loads, soil bearing capacity, and if the foundation is designed for expansive soils;(3) site preparation details;(4) material specifications;(5) requirements for corrosion resistance, protection against decay, and termite resistance;(6) size, configuration, and depth below grade of all footings and piers including spacing of footings and piers;(7) specification and installation requirements for the tie-down anchoring system, including specifications for corrosion resistance for the ground anchors and associated tie-down system;(8) requirements for surface drainage; and(9) details for enclosure of the crawl space, including details for ventilation and access.(j) Unique on-site construction details. Unique on-site construction details as defined by §70.10(a) shall be designed and sealed by a licensed Texas professional engineer (or architect for one and two family dwellings or buildings having one story and total floor area of 5,000 square feet or less) and review by a DRA is not needed or required. The unique on-site construction details shall comply with the mandatory building codes referenced in §70.100 and §70.101. A municipality that regulates the on-site construction or installation of industrialized housing or buildings may require and review the unique on-site details for compliance with the mandatory building code.", "sourceNote": "Source Note: The provisions of this §70.73 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective October 3, 2004, 29 TexReg 9182; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412; amended to be effective November 1, 2015, 40 TexReg 5146; amended to be effective March 15, 2020, 45 TexReg 1674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167015", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.74", "label": "Responsibilities of the Registrants--Alterations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167016", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The manufacturer shall not alter construction of the industrialized house or building from the approved design package. Industrialized builders or installation permit holders shall not alter construction performed at the installation from the approved on-site construction documentation except in accordance with this section or §70.73(j). Alterations of industrialized housing or buildings shall be as specified in this section. (b) An alteration of an industrialized house or building prior to, or during installation, that results in a structure that does not comply with the mandatory building codes is prohibited. An alteration after installation of an industrialized building that is designed to be moved from one commercial site to another commercial site that does not comply with the mandatory building codes is prohibited. Alterations after installation of industrialized housing or permanent industrialized buildings shall be in accordance with the requirements of the local building code authorities. (c) Ordinary repairs and work exempt from permit requirements as specified in the mandatory building codes referenced in §70.100 and §70.101 shall not be considered alterations. Ordinary repairs shall include the removal and replacement of the covering of existing materials, elements, equipment, or fixtures using like or the same new materials, elements, equipment, or fixtures that serve the same purpose. (d) Alteration decals are used to recertify industrialized buildings designed to be moved from one commercial site to another commercial site. Each decal is assigned to a specific module or modular component. The control of the decals shall remain with the department. The department will issue alteration decals to the third party inspection agency responsible for the inspections of the alterations upon application and payment of the fee for the decal by the industrialized builder or alteration permit holder. By affixing the decal the industrialized builder or alteration permit holder and third party inspection agency certify that the module has been altered and inspected in accordance with the mandatory building codes and this section. The third party inspector shall not affix the decal to any module where inspection reveals that the building does not comply with the approved recertification or alteration construction documents or the mandatory building codes. (e) Alterations of industrialized housing and permanent industrialized buildings. (1) Prior to, or during, installation outside the jurisdiction of a municipality. The industrialized builder, or installation permit holder, shall submit the original approved construction documents for the house or building, as reference, along with a complete set of construction documents describing a proposed alteration to a design review agency for approval prior to construction in accordance with the procedures established by the council. The design review agency responsible for review and approval of alteration construction documents for a project, industrialized house, or permanent industrialized building may not be changed without the written approval of the department. Alterations on the house or building shall not begin prior to approval of the construction documents and shall be performed only by persons licensed to perform this work. Inspections of alterations shall be performed by a third party inspector in accordance with procedures established by the council. The third party inspection agency responsible for inspections for a project may not be changed without the written approval of the department. (A) An alteration data plate shall be affixed to any house or building where the alteration results in a reclassification of the occupancy group or construction type, a change in the permissible type of gas required for appliances, or a change in the wind speed and exposure, maximum snow (roof) load, seismic design criteria, or special conditions or limitations. The data plate shall contain such information as specified in subsection (g). (B) All records pertinent to the alteration, including a copy of the alteration data plate, shall be retained by the industrialized builder or installation permit holder for a minimum of 10 years from the date of successful completion of the final inspection and be made available to the department upon request. (C) All records pertinent to the review and approval of the alteration construction documents shall be retained by the DRA for a minimum of 5 years from the date of approval and shall be made available to the department upon request. (D) All records pertinent to the alteration inspections shall be retained by the TPIA for a minimum of 5 years from the completion of the alteration construction and inspections and shall be made available to the department upon request. (2) Prior to installation within the jurisdiction of a municipality. Alterations prior to installation within a jurisdiction shall be in accordance with paragraph (1). (3) During, or after, installation within the jurisdiction of a municipality. Approval of plans and inspection of alterations shall be in accordance with the permitting and inspection procedures of the municipality. (f) Recertification of industrialized buildings designed to be moved from one commercial site to another commercial site. An industrialized building that has been certified by application of a Texas decal in accordance with §70.77 and that is designed to be moved from one commercial site to another commercial site may be recertified in accordance with this section. A copy of the data plate on each building to be recertified shall be submitted to the DRA responsible for the plan review and approval of recertification and alteration documents. Repairs, other than ordinary repairs as defined by the mandatory building codes, shall be considered alterations. The industrialized builder or alteration permit holder shall purchase an alteration decal from the department to affix to each module that is recertified or altered. The alteration decal shall be released only to the third party inspection agency responsible for the alteration inspections. (1) Recertification class 1: original approved construction documents exist and the building has not been previously altered. The industrialized builder or alteration permit holder shall: (A) submit a copy of the original approved construction documents for the building to the design review agency for reference purposes; (B) submit a copy of the construction documents for alteration of the building to the design review agency for review and approval in accordance with the requirements established by the council and subsection (f)(6). The construction documents shall include the serial number assigned by the manufacturer and the Texas decal number or insignia number of each module or modular component; (C) not begin construction of the alteration of the building prior to the approval of the construction documents by the design review agency. Construction shall be performed only by persons licensed to perform this work; and (D) have the construction inspected by a third-party inspector in accordance with the procedures established by the council and subsection (f)(7). A minimum of one rough in inspection and a final inspection of the alteration construction shall be required. (2) Recertification class 2: original approved construction documents do not exist. The industrialized builder or alteration permit holder shall: (A) have a structural analysis of the existing building made by an engineer licensed to practice in Texas to determine the adequacy of the structural systems in accordance with Chapter 16 of the current edition of the International Building Code adopted in §70.100. The industrialized builder or alteration permit holder shall submit a copy of this analysis and a set of plans depicting the as built construction of the building to the design review agency for review and approval in accordance with the requirements established by the council and with subsection (f)(6). These documents shall include the serial number assigned by the manufacturer and the Texas decal or insignia number of each module or modular component contained in the building; (B) bring into compliance those areas of the building identified by the structural analysis and the design review agency as not in compliance with the mandatory building code. The industrialized builder or alteration permit holder shall submit construction documents to bring the building into compliance to the design review agency for review and approval in accordance with the requirements established by the council and with subsection (f)(6); (C) have the building inspected by a third party inspector in accordance with the procedures established by the council and subsection (f)(7) to verify that the building complies with the approved as built construction documents; (D) not begin construction to bring the building into compliance, or to alter the building, prior to approval of the construction documents. The construction shall be performed only by persons licensed to perform this work; and (E) have the construction to bring the building into compliance, and to alter the building, inspected by a third-party inspector in accordance with the procedures established by the council and subsection (f)(7). A minimum of one rough in inspection and a final inspection of the construction shall be required. (3) Recertification class 3: original approved construction documents exist, but the building has been altered from those plans and the building has not been recertified in accordance with other paragraphs in this section. The industrialized builder or alteration permit holder shall: (A) submit a copy of the original approved construction documents for the building to the design review agency for reference; (B) submit a copy of construction documents that depict the alterations or repairs to the building to the DRA for review and approval in accordance with the requirements established by the council and with subsection (f)(6). Where structural elements have been altered, a structural analysis of the existing building made by an engineer licensed to practice in Texas to determine the adequacy of the structural systems in accordance with Chapter 16 of the current edition of the International Building Code adopted in §70.100 shall also be submitted. The construction documents shall include the serial number assigned by the manufacturer and the Texas decal or insignia number of each module or modular component contained in the building; (C) bring into compliance those areas of the building identified by the structural analysis or the design review agency as not in compliance with the mandatory building codes. The industrialized builder or alteration permit holder shall submit construction documents to bring the building into compliance to the design review agency for review and approval in accordance with the requirements established by the council and with subsection (f)(6); (D) have the building inspected by a third party inspector in accordance with the procedures established by the council and subsection (f)(7) to verify that the building complies with the approved as built construction documents; (E) not begin construction to bring the building into compliance, or to alter the building, prior to approval of the construction documents. The construction shall be performed only by persons licensed to perform this work; and (F) have the construction to bring the building into compliance, and to alter the building, inspected by a third-party inspector in accordance with the procedures established by the council and subsection (f)(7). A minimum of one rough in inspection and a final inspection of the construction shall be required. (4) Recertification class 4: buildings that are to be altered again after recertification. The industrialized builder or alteration permit holder shall: (A) submit a copy of all previous recertification construction documents, including original and as built construction documents where applicable, to the design review agency in accordance with the requirements established by the council and subsection (f)(6); (B) include the alteration decal numbers from previous recertifications on the construction documents for altering the building; and (C) comply with subsections (f)(1)(B) - (D). (5) Emergency repairs. Equipment replacement and repairs, which do not qualify as ordinary repairs in accordance with the mandatory building codes, that must be performed in an emergency situation may be performed prior to recertification of the building. The industrialized builder or alteration permit holder shall submit documents as necessary to recertify the building in accordance with the requirements of subsections (f)(1) - (3) within the next working business day with the following exceptions. (A) The industrialized builder or alteration permit holder shall have 10 working days to submit as built construction documents for the entire building where required by the recertification requirements of subsections (f)(1) - (4). (B) The industrialized builder or alteration permit holder shall have 10 working days to submit a structural analysis performed by an engineer licensed to work in Texas where required by the recertification requirements of subsection (f)(1) - (4). (6) The industrialized builder or alteration permit holder shall choose an approved DRA to perform the review and evaluation of all construction documents for the recertification of an industrialized building. The industrialized builder or alteration permit holder may choose a different DRA for different projects or buildings, but may not change DRAs for a project or building once the plan review has begun without prior written approval from the department. (A) Construction documents submitted to the DRA shall include all information pertinent to assuring compliance with the mandatory building code and shall include structural, thermal, and electrical load calculations. (B) As built construction documents shall be reviewed to determine the existence of any potential nonconformance with the provisions of the mandatory building codes. The review and approval of construction documents to recertify a building shall comply with the requirements of §70.70(a)(2) - (4) and (6) - (8) with the following exceptions. (i) Based on the engineering analysis and the DRA's review of the as built construction documents, the DRA will prepare a report to the industrialized builder or alteration permit holder that describes the nonconformances of the building to be recertified. (ii) The DRA will signify approval of a drawing, specification, calculation, or any other document submitted for review and approval by the application of the council's stamp of approval for altered or recertified buildings. (iii) The design review agency shall complete a recertification transmittal form in accordance with the requirements of the council and forward a completed copy of the form to the department. A copy of all documents pertinent to the recertification of the building shall be supplied to the department upon request. (iv) The design review agency shall forward a completed copy of the recertification transmittal form and one approved copy of the construction documents to the industrialized builder. (v) The design review agency shall keep a copy on file of the original approved documents, the engineering analysis, and approved construction documents for recertification of the building for 5 years from the latest date of approval of the recertification or alteration construction documents. (7) The third party inspector shall affix the alteration decal to each industrialized building module or modular component upon completion of the construction and successful completion of all required inspections in accordance with this section and the requirements of the council. Successful completion of all required inspections means that all construction has been completed, that all violations have been corrected, and that the construction has been found to be in compliance of the applicable mandatory building codes and the approved construction documents. (A) The decal shall be affixed in the vicinity of the original decal or insignia on the module or modular component as depicted on the approved construction documents. (B) The industrialized builder or alteration permit holder may not change the third party inspection agency for a project or building once started without prior written approval of the department. (C) All plans pertinent to the alteration or recertification shall be available for use by the third party inspector during the inspection. A copy of the mandatory building codes shall be available for the inspector's use during the inspection. (D) A rough-in inspection shall be scheduled by the industrialized builder or alteration permit holder while construction is still open to inspection. The inspector shall begin the inspection by verifying that the units to be inspected are those depicted in the original approved, the approved as built, or the previously approved recertification construction documents and shall verify the original decal and serial number of each unit to be inspected. The third party inspector may require the industrialized builder to uncover portions of the building as necessary to verify compliance. (i) The inspection shall be terminated and the alteration decals returned to the department if inspection reveals that the units have been altered from the original approved, the approved as built, or the previously approved recertification construction documents. (ii) The inspection shall be terminated and the alteration decals returned to the department if inspection reveals that the units are not those identified by serial number and decal number in the approved construction documents. (E) A final inspection shall be scheduled by the industrialized builder or alteration permit holder after construction is completed. (F) Inspection of system testing shall be scheduled by the industrialized builder or alteration permit holder as necessary to assure that tests required by the mandatory building code are witnessed by the third party inspector. (G) The industrialized builder or alteration permit holder shall schedule a reinspection with the third party inspector wherever a deviation from the approved plans is identified that cannot be corrected and inspected during the rough-in or final inspection. (H) The inspector shall complete a recertification inspection report on the forms and in the format required by the department and the council. A copy of the inspection report shall be provided to the industrialized builder or alteration permit holder for his records and submitted to the department upon request. The third party inspection agency shall maintain records of all recertification inspection reports for five years from the date of successful completion of inspections for a building or project. (I) Only one inspection shall be required where a building is recertified in accordance with subsection (f)(2) or (f)(3) and no construction is required to bring the building into compliance or to complete alterations on the building. (i) The third party inspector shall verify that the units to be inspected are those depicted in the approved construction documents and shall verify the original decal and serial number of each unit to be inspected. (ii) The third party inspector may require the industrialized builder or alteration permit holder to uncover portions of the building as necessary to verify compliance. (iii) The inspection shall be terminated, and the alteration decals returned to the department, if inspection reveals that the units have been altered from the approved construction documents. (J) Only one inspection shall be required where emergency repairs are performed in accordance with subsection (f)(5) and where further construction is not required to bring the building into compliance with the mandatory building code. (i) The inspector shall verify that the units to be inspected are those depicted in the approved construction documents and shall verify the original decal and serial number of each unit to be inspected. (ii) The third party inspector may require the industrialized builder or alteration permit holder to uncover portions of the building as necessary to verify compliance. (iii) The inspection shall be terminated, and the alteration decals returned to the department, if inspection reveals that the units have been altered from the approved construction documents. (iv) The inspection shall be terminated and the alteration decals returned to the department if inspection reveals that the units are not those identified by serial number and decal number in the approved construction documents. (8) An alteration data plate shall be attached to the altered building as required by subsection (g). (9) The industrialized builder or alteration permit holder shall maintain all records pertinent to the recertification and make these records available to the department upon request. Records shall be maintained for as long as the building remains a part of the inventory for that industrialized builder or alteration permit holder. (10) Buildings constructed on or after October 31, 2006 may not be recertified in accordance with subsections (f)(1) or (4) without prior written authorization from the department. (g) A recertification or alteration data plate shall be placed by the third party inspector on each altered or recertified house or building as required by this section. The data plate shall be supplied by the industrialized builder or alteration permit holder. (1) An alteration data plate shall be affixed to any building where the alteration or recertification results in a reclassification of the occupancy group or construction type, a change in the type of gas required for appliances, or a change in the wind speed and exposure, maximum snow (roof) load, seismic design criteria, or special conditions or limitations. (2) A copy of the data plate shall be retained by the industrialized builder and be made available to the department upon request. (3) An alteration data plate shall be made of a material that will not deteriorate over time and shall be permanently placed so that it cannot be removed without destruction. (4) The data plate shall be placed adjacent to the original data plate in an easily accessible location as designated in the alteration plans, but shall not be located on any readily removable item such as a cabinet door or similar component. Location of the data plate on the cover of the electrical distribution panel is acceptable. (5) An alteration data plate shall contain, as a minimum, the information required on a manufacturer's data plate as required by §70.71(d)(2) -(11) plus the following information: (A) the name, address, and registration number assigned by the department of the industrialized builder, or the name, address, and alteration permit number assigned by the department of the owner of the building; and (B) the Texas alteration decal numbers.", "sourceNote": "Source Note: The provisions of this §70.74 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective May 1, 2005, 30 TexReg 2504; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167016", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.75", "label": "Responsibilities of the Registrants--Permit/Owner Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "105878", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The manufacturer shall provide the industrialized builder, or a person who has obtained an installation permit in accordance with §70.20, the following information:(1) the name, Texas registration number, and address of the manufacturer of the building;(2) the location of the decal(s) or insignia on the modules or modular components;(3) the location of the data plate and explanation of the information thereon;(4) a set of approved plans, in accordance with §70.70, as necessary to obtain a building permit and as necessary to complete construction of the house or building at the installation site. The documents shall include critical load points for attachment of the house or building to the foundation, the floor plan of the building, and drawings of the plumbing, electrical, and heating/ventilation systems;(5) a completed signed copy of the energy compliance checklist (referenced in §70.70(c)(8)(C)); and(6) the information required by §70.78(b).(b) The REF builder shall provide the owner of the REF the following information:(1) the name, Texas registration number, and address of the REF builder;(2) the location of the decal(s) on the REF;(3) the location of the data plate;(4) a set of approved plans, in accordance with §70.70;(5) other construction documentation in accordance with §70.70(e); and(6) the information required by §70.78(b).(c) The industrialized builder shall provide the purchaser (owner) or installation permit holder of any industrialized house or building the following information:(1) the name, Texas registration number, and address of the manufacturer or REF builder and industrialized builder;(2) the location of the data plate and explanation of the information thereon;(3) a copy of the on-site inspection reports in accordance with §70.73;(4) a complete set of approved plans and specifications in accordance with §70.70, including all records pertinent to alterations of the house or building in accordance with §70.74;(5) a copy of the foundation system design and any unique on-site details in accordance with §70.73;(6) the location of the decal(s) or insignia on the module, modular components, or site-built REF;(7) a site plan showing the on-site location of all utilities and utility taps;(8) a completed signed copy of the energy compliance checklist (referenced in subsection (a)(5)); and(9) for all industrialized housing and buildings, the information required by §70.78(b); and(10) for industrialized housing, the information required by §70.78(c).(d) The manufacturer shall maintain evidence for a minimum of 5 years that the information in subsection (a) was delivered to the industrialized builder or installation permit holder and provide a copy of the evidence to the department upon request.(e) The REF builder shall maintain evidence for a minimum of 5 years that the information in subsection (b) was delivered to the owner or lessee of the REF and provide a copy of the evidence to the department upon request.(f) The industrialized builder shall maintain evidence for a minimum of 5 years that the information in subsection (c) was delivered to the purchaser (owner) or installation permit holder and provide a copy of the evidence to the department upon request.", "sourceNote": "Source Note: The provisions of this §70.75 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective August 14, 2002, 27 TexReg 7103; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "105878", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.76", "label": "Responsibilities of the Registrants--Proprietary Information Protected" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143837", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All designs, plans, specifications, compliance control programs, on-site construction instructions and documentation, information relating to alternate methods or materials, or any other documents submitted by a manufacturer to a design review agency or third party inspector are proprietary information and shall only be used for purposes of assuring compliance with the provisions of Occupations Code, Chapter 1202 and this chapter.(b) The items and information furnished by the manufacturer to a design review agency or third party inspector as set forth in subsection (a) of this section shall not be copied or distributed to any other person except with the manufacturer's written permission.", "sourceNote": "Source Note: The provisions of this §70.76 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective December 1, 2003, 28 TexReg 10458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143837", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.77", "label": "Responsibilities of the Registrants--Decals and Insignia for New Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167017", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Decals are used for module and site-built REF certification and insignia are used for modular component certification.(1) Decals and insignia shall be ordered on a form supplied by the department and shall contain such information as may be required by the department.(2) The department will issue decals and insignia to a manufacturer on application and payment of the fee following certification of the manufacturing facility in accordance with §70.60.(3) The department will issue decals to a REF builder on application and payment of the fee following successful completion of all construction in accordance with §70.78.(b) By attaching the decal or insignia the manufacturer or REF builder certifies that:(1) the module, modular component, or site-built REF is constructed in accordance with the approved design package or construction documents and the mandatory building codes; and(2) the module, modular component, or site-built REF has been inspected in accordance with §70.72 or §70.79.(c) The control of the decals and insignia shall remain with the department.(1) Decals shall be confiscated by the department or the third party inspector or inspection agency if a manufacturer fails to correct violations identified during an inspection or for failure to abide by the approved compliance control procedures.(A) Decals or insignia that are confiscated for construction violations shall not be returned to the manufacturer until the violations have been corrected.(B) Decals or insignia that are confiscated for compliance control violations shall be released for each building in accordance with the inspection procedures approved by the council. Control of the decals or insignia shall not be returned to the manufacturer until the TPI/TPIA determines that the problems have been corrected.(C) New decals or insignia shall not be issued until the manufacturer has shown evidence of compliance.(2) Decals shall not be released to a REF builder or attached to a REF until all construction is complete and all violations identified during an inspection have been corrected.(d) Responsibilities of the manufacturer. It is the manufacturer's responsibility to assure that the certification inspection has been accomplished as outlined in §70.60 prior to attaching the decal or insignia. It is the manufacturer's responsibility to assure that the in-plant inspection has been performed as outlined in §70.72 prior to attaching the decal or insignia. Each decal or insignia shall be attached to a specific module or modular component before leaving the manufacturing facility.(1) The manufacturer shall assure that the house or building is released only to an industrialized builder registered with this department or to a person who has obtained an installation permit from this department.(2) The decal or insignia shall be placed in a visible location as designated on the floor plan or on the title or cover sheet for each model or project in the approved design package. The decal or insignia shall be permanently attached so that it cannot be removed without destruction and shall not be placed on any readily removable item such as a cabinet door or other similar component. Location of the decal on the cover of the electrical distribution panel is acceptable.(3) The manufacturer shall keep records as necessary to show, by decal or insignia number, the module or modular component (by identification number) to which the decal or insignia was attached. The manufacturer shall keep complete records of all decals and insignia received, decals and insignia used, and those which are on-hand. The manufacturer shall maintain these records for a minimum of 5 years from the date the building is reported shipped in accordance with §70.50 and the records shall be made available to the department or in-plant inspector on request.(4) Decals or insignia may not be transferred from one manufacturing facility to another without prior written approval from the department. Decals or insignia that are transferred without department approval are void and shall be returned to, or shall be confiscated by, the department.(5) Decals or insignia that have been attached to a module or modular component may not be transferred to another module or modular component. Decals or insignia that are removed from the module or modular component to which they were attached are void and shall be returned to, or shall be confiscated by, the department.(6) Decals or insignia that have not been attached to a module or modular component shall be returned to the department if the manufacturer does not renew the registration in accordance with §70.20.(7) Decals or insignia that have been reported in accordance with §70.50(a) shall be returned to the department if the module or modular component is damaged or destroyed.(8) Decals or insignia that have been attached to a module or modular component prior to inspection in accordance with §70.72 are void and shall be returned to the department, or shall be confiscated by the department or third party inspection agency.(9) Decals or insignia that are attached to a module or modular component before all construction is complete and before all inspections by the facility's compliance control personnel have been completed are void and shall be returned to the department, or shall be confiscated by the department or third party inspection agency.(e) Responsibilities of the REF builder. A REF builder shall assure that all construction documents are approved as required by §70.70 and that all required inspections have been performed in accordance with §70.79 before the decal or decals are attached to the site-built REF.(1) A site-built REF becomes an industrialized building upon attachment of the decal or decals.(2) Decals shall be purchased for each separate REF building. Each separate REF building shall be assigned a unique identification or project number. The name of the school district, the project address, and the unique identification number for each separate REF will be reported to the department on the decal order form.(3) Decals may not be transferred to another REF project without prior written consent of the department. Decals that are transferred to another site-built REF project without written consent are void and shall be returned to, or confiscated by, the department.(4) Decals that have been attached to a site-built REF may not be transferred to another site-built REF. Decals that are removed from the site-built REFs to which they were attached are void and shall be returned to, or confiscated by, the department.(5) Decals shall or be returned to the department if the site-built REF is damaged or destroyed.", "sourceNote": "Source Note: The provisions of this §70.77 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective December 20, 2000, 25 TexReg 12385; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167017", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.78", "label": "Responsibilities of the Registrants--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143838", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each registrant must notify the department of any changes in information regarding the location, organization, staff, or ownership of the organization as required in the sections in this chapter. The notification must be received by the department no later than 10 days after the change occurs.(b) Each registrant shall provide customers with access to the name, mailing address, and telephone number of the department for purposes of directing complaints to the department. A rubber stamp or sticker may be used to convey the information. The notification shall be included on:(1) a sign prominently displayed in the place of business;(2) any written contract for services; or(3) any bill for services.(c) Each industrialized builder responsible for any portion of the installation of industrialized housing shall present the following to the purchaser:(1) Upon execution of a contract to purchase industrialized housing, a written notice that states, in minimum 12-point bold print: \"The Texas Department of Licensing and Regulation may not open or investigate a consumer complaint or perform an inspection related to industrialized housing more than two years after a successful final on-site inspection of the installation of the housing.\" The written notice shall also include the following information:(A) the Registration number and registered name and address of the industrialized builder;(B) the registration number and registered name and address of the manufacturer of the industrialized housing; and(C) the name, mailing address, telephone number, and web address of the department.(2) At closing or within 15 days after a successful final on-site inspection of construction of industrialized housing, within the jurisdiction of a municipal inspection department:(A) a copy of the record of final inspection from the municipality; and(B) the decal or insignia number for each modular section of the house and the manufacturer's serial number for each modular section of the house.(3) At closing or within 15 days after a successful final on-site inspection of construction of industrialized housing outside the jurisdiction of a municipal inspection department, or within a municipal jurisdiction without an inspection department, a copy of the final on-site inspection report in accordance with §70.73.(d) The registrant must allow the department, as part of an inspection or investigation, to enter his business premises during regular business hours and examine and copy any records that relate directly or indirectly to the inspection or investigation being conducted. The department may inspect all records, books and documents, whether paper or electronic, pertaining to the agency's operation.", "sourceNote": "Source Note: The provisions of this §70.78 adopted to be effective July 13, 1990, 15 TexReg 3741; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective May 1, 2014, 39 TexReg 3412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143838", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.79", "label": "Responsibilities of the Registrants--Site-built REF Construction and Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143839", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Responsibility for construction. The REF builder shall be responsible for assuring that the foundation and all construction pertaining to the REF complies with the approved construction documentation required by §70.70(b) and (e) and the mandatory building codes. The REF builder is responsible for assuring that all sub-contractors are licensed as required by applicable state law.(b) Responsibility for inspections within jurisdiction of a municipality. When the building site is within a municipality that has a building inspection agency or department, the local building official will inspect all construction to assure that it complies with the approved construction documents and the mandatory building codes.(1) The municipality may require and review, for compliance with the mandatory building codes, a complete set of construction documents, and any other construction documents necessary to complete construction of the REF in accordance with §70.70(e).(2) The REF builder shall not permit occupation of the building until a certificate of occupancy has been issued.(c) Responsibility for inspections outside the jurisdiction of a municipality. When the building site is outside a municipality, or within a municipality that has no building inspection department, a council-approved inspector shall perform the required inspections in accordance with this section and the inspection procedures of the council to assure completion in accordance with the approved construction documents, other construction documentation approved in accordance with §70.70(c), and the mandatory building codes.(1) The REF builder is responsible for scheduling inspections and assuring that the inspector is given a minimum of 48 hours notice before each inspection. The REF builder may utilize a different inspector for different projects, but may not change the inspector for a project once started without prior written approval of the department.(2) The REF builder shall assure that the following inspections are completed in accordance with the inspection procedures of the council. Inspections may be combined where appropriate and the inspector determines that the completion of one stage does not does not interfere with the inspection of another stage. These inspections are minimum requirements and shall not limit the scope of the inspections that may be necessary to adequately inspect the building. Additional inspections may also be required to assure compliance of actions taken to correct violations.(A) First inspection--Temporary or construction power.(B) Second Inspection--Plumbing rough/Water and sewer.(C) Third inspection--Foundation and reinforcement/Water supply lines/Building drain lines.(D) Fourth inspection--Frame and exterior sheathing/Plumbing top-out/Mechanical rough/Electrical rough/Lead test.(E) Fifth inspection--Frame re-inspection and or insulation/Energy compliance.(F) Sixth inspection--Wallboard.(G) Seventh inspection--Gas lines/Electrical meter loop.(H) Eighth inspection--Building final/Mechanical final/Plumbing final/Electrical final/Attachment of decal.(3) The inspector shall provide the REF builder a copy of the inspection reports upon completion of each phase of the inspection. If the inspection finds that the construction does not meet the mandatory building codes, the approved construction documents, or other construction documents in accordance with §70.70(c), then the inspection report shall include a list of violations. The REF builder is responsible for assuring that all violations are corrected and inspected prior to occupation of the building or attachment of the decal or decals.(4) The REF builder shall not permit occupancy, or release the building for occupation, until a successful final inspection has been completed. A final inspection report shall be issued showing no outstanding violations prior to occupation or release of the building for occupation. Exception: Occupancy of the building may be permitted and approved with outstanding items provided that these items are not in violation of the mandatory building codes.(A) A successful final inspection means that all construction has been completed, that all violations have been corrected, and that the construction has been found to comply with the mandatory building codes and all construction documents.(B) The REF builder shall maintain a copy of each inspection report for a minimum of 10 years from the date of successful final inspection and make a copy of the report available to the department upon request.(C) The REF builder shall not attach the decal or decals until a successful final inspection has been completed.", "sourceNote": "Source Note: The provisions of this §70.79 adopted to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143839", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.80", "label": "Commission Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223391", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The manufacturer's registration fee is $750 annually.(b) The REF builder's registration fee is $750 annually.(c) The industrialized builder's registration fee is $325 annually.(d) The design review agency's registration fee is $300 annually.(e) The third party inspection agency's registration fee is $150 per firm and $100 per inspector annually.(f) The third party site inspector registration fee is $100 annually.(g) The registration fee shall be paid before the certificate of registration is issued and annually thereafter.(h) The fee for department personnel for certification inspections at a manufacturing facility shall be $40 per hour. Travel and per diem costs shall be reimbursed by the manufacturer in accordance with the current rate as established in the current Appropriations Act. The department shall present a billing statement to the manufacturer at the completion of the inspection that is payable upon receipt.(i) When the department acts as a design review agency, the fee for such serviced is $40 per hour. The manufacturer for whom the services are performed shall pay the fee before the approval of the designs, plans, specifications, compliance control documents, and installation manuals and before the release of the documents to the manufacturer. Travel and per diem costs shall be reimbursed by the manufacturer in accordance with the current rate as established in the current Appropriations Act.(j) The fees for issuing decals and insignia are:(1) modules and site-built REFs (decals): $0.07 per square foot of gross floor area, with a minimum of $25 for each decal; and(2) modular component (insignia): $0.02 per square foot of gross surface area with a minimum of $0.60 for each insignia or $0.07 per square foot of gross floor area with a minimum of $15 for each insignia.(k) The fee for department personnel for special inspections shall be $40 per hour. A special inspection is any inspection for industrialized housing and buildings that is not covered by other fees. The department will present a billing statement at the conclusion of the inspection that is payable upon receipt. Travel and per diem costs shall be reimbursed in accordance with the current rate as established in the current Appropriations Act.(l) The fee for department monitoring of design review agencies and third party inspection agencies outside headquarters shall be $40.00 per monitor hour. Travel and per diem costs shall be reimbursed in accordance with the current rate as established in the current Appropriations Act. The department will present the agency or manufacturer a statement at the conclusion of the monitoring trip, and it is payable upon receipt.(m) Thee fee for an installment permit shall be $75 for each building containing industrialized housing and buildings modules or modular components. A separate application must be submitted for each building containing industrialized housing and buildings modules or modular components.(n) The fee for issuing an alteration decal is $50 for each decal.(o) Revised or duplicate certificate fee: $25 for manufacturers, industrialized builders, and REF builders registration types.", "sourceNote": "Source Note: The provisions of this §70.80 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective August 8, 1991, 16 TexReg 4074; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective October 1, 1995, 20 TexReg 7279; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective February 25, 1999, 23 TexReg 13059; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective December 1, 2004, 29 TexReg 11028; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223391", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.81", "label": "Late Renewal Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "105882", "queryAsDate": "03/11/2026" }, "ruleBody": "Late renewal fees for registrations issued under this chapter are provided for under §60.83 of this title (relating to Late Renewal Fees).", "sourceNote": "Source Note: The provisions of this §70.81 adopted to be effective December 1, 2003, 28 TexReg 10458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "105882", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.90", "label": "Sanctions--Administrative Sanctions/Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "105884", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates Texas Occupations Code, Chapter 1202, a rule adopted by the commission or order adopted or issued by the commission or executive director relating to Chapter 1202, the executive director may institute proceedings to impose administrative sanctions and/or recommend administrative penalties in accordance with Texas Occupations Code, Chapter 51, and Chapter 60 of this title (relating to Texas Commission of Licensing and Regulation).", "sourceNote": "Source Note: The provisions of this §70.90 adopted to be effective November 16, 1993, 18 TexReg 7925; amended to be effective August 14, 2002, 27 TexReg 7103; amended to be effective December 1, 2003, 28 TexReg 10458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "105884", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.92", "label": "Sanctions for Failure to Comply by Design Review Agencies, Third Party Inspection Agencies, and Third Party Inspectors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219400", "queryAsDate": "03/11/2026" }, "ruleBody": "The department shall monitor the performance of design review agencies (DRA), third party inspection agencies (TPIA), and third party inspectors (TPI) and may recommend disapproval of any agency or inspector that violates provisions of Chapter 1202, rules and regulations of the commission, or administrative orders issued by the commission or the executive director in, or pursuant to, this chapter, or any decisions, actions, or interpretations of the council. If the council feels that a failure to comply has been shown, then the council will recommend that the executive director take appropriate action. Sanctions shall be administered pursuant to the provisions of Texas Occupations Code, §1202.302.", "sourceNote": "Source Note: The provisions of this §70.92 adopted to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 1, 2003, 28 TexReg 10458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219400", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.100", "label": "Mandatory Building Codes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216828", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective July 1, 2024, all industrialized housing and buildings, modules, and modular components, shall be constructed in accordance with the codes referenced in subsection (c) - (j). The 2015 editions of the International codes as identified in subsection (c) - (i), as well as the 2014 edition of the National Electrical Code identified in subsection (j), shall remain in effect through June 30, 2024. All work permitted or started before July 1, 2024, may be completed with the 2015 editions of the International codes and the 2014 edition of the National Electrical Code. (b) Other codes referenced in any of the mandatory building codes adopted in subsection (c) - (j), shall be considered part of the requirements of these codes to the prescribed extent of each such reference.(c) The International Building Code, 2021 edition, published by the International Code Council, is adopted as the Building Code of the Texas Industrialized Housing and Buildings Program.(d) The International Residential Code, 2021 edition, published by the International Code Council, is adopted as the Residential Code for one- and two-family dwellings of the Texas Industrialized Housing and Buildings Program.(e) The International Fuel Gas Code, 2021 edition, published by the International Code Council, is adopted as the Fuel Gas Code of the Texas Industrialized Housing and Buildings Program.(f) The International Mechanical Code, 2021 edition, published by the International Code Council, is adopted as the Mechanical Code of the Texas Industrialized Housing and Buildings Program.(g) The International Plumbing Code, 2021 edition, published by the International Code Council, is adopted as the Plumbing Code of the Texas Industrialized Housing and Buildings Program.(h) The International Energy Conservation Code, 2015 edition, published by the International Code Council, is adopted as the Energy Conservation Code of the Texas Industrialized Housing and Buildings Program.(1) The applicable edition of the International Energy Conservation Code is the edition adopted by rule by the State Energy Conservation Office pursuant to Chapter 388, Health and Safety Code.(2) Conflicts between editions of the International Building Codes and the adopted version of the International Energy Conservation Code shall be resolved in favor of the more stringent code. If the more stringent code cannot be determined, the department shall make a determination as to which code controls.(i) The International Existing Building Code, 2021 edition, published by the International Code Council, is adopted as the Existing Building Code for industrialized buildings that are altered in accordance with §70.74(f).(j) The National Electrical Code, 2020 edition, published by the National Fire Protection Association, is adopted as the Electrical Code of the Texas Industrialized Housing and Buildings Program.(k) The effective dates of adoption of past editions of the mandatory building codes are as follows:Attached Graphic", "sourceNote": "Source Note: The provisions of this §70.100 adopted to be effective August 1, 2017, 42 TexReg 676; amended to be effective March 1, 2024, 49 TexReg 1077; amended to be effective July 1, 2024, 49 TexReg 4585." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216828", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.101", "label": "Amendments to Mandatory Building Code" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143841", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The council shall consider and review all amendments to these codes which are approved and recommended by ICC, and if they are determined to be in the public interest, the amendments shall be effective 180 days following the date of the council's determination or at a later date as set by the council.(b) Any amendment proposed by a local building official, and determined by the council following a public hearing to be essential to the health and safety of the public on a statewide basis, shall become effective 180 days following the date of the council's determination or at a later date as set by the council.(c) The 2021 International Building Code shall be amended as follows.(1) Amend Section 101 Scope and General Requirement as follows.(A) Amend Section 101.1 Title to read as follows: \"These regulations shall be known as the Building Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'\"(B) Amend Section 101.2 Scope by adding the following: \"Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control.\"(C) Amend Section 101.2.1 Appendices by adding the following: \"Appendices C, F, and K shall be considered part of this code.\"(D) Amend Section 101.4 Referenced codes to read as follows: \"The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well.\"(E) Amend Section 101.4.7 Existing buildings to add the following sentence: \"Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council.\"(F) Add new Section 101.4.8 Electrical to read as follows: \"The provisions of Appendix K shall apply to the installation of electrical systems, including alterations, repairs, replacements, equipment, appliances, fixtures, fittings and appurtenances thereto. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted.\"(G) Add new Section 101.4.9 Accessibility to read as follows: \"Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the Texas Accessibility Standards (TAS). Wherever reference elsewhere in this code is made to ICC A117.1, the TAS of Texas Government Code, Chapter 469, Elimination of Architectural Barriers shall be substituted. Buildings subject to the requirements of the Texas Accessibility Standards are described in Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, Chapter 68.\"(2) Amend Section 104.1 General by adding the following: \"The term building official as used in this code, or as used in the codes and standards referenced in this code, shall mean the Texas Commission of Licensing and Regulation, the executive director of the Texas Department of Licensing and Regulation, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings.\"(3) Amend Section 107.1 General to read as follows: \"Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets, or in a digital format if allowed by the building official, with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Construction documents depicting the structural design of buildings to be located in hurricane prone regions shall be prepared and sealed by a Texas licensed professional engineer.\"(4) Amend Section 111 Certificate of Occupancy as follows.(A) Amend Section 111.1 Change of occupancy to read as follows: \"A building or structure shall not be used or occupied in whole or in part, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the local building official has issued a certificate of occupancy in accordance with the locally adopted rules and regulations. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2.\"(B) Amend Section 111.2 Certificate issued to read as follows. \"The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations. After the local building official inspects the industrialized house or building and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the local building official shall issue a record of final inspection authorizing the release of the house or building for occupancy.\"(C) Delete Items 1 through 12 of Section 111.2. (D) Amend Section 111.3 Temporary occupancy to read as follows: \"The local building official may issue a temporary certificate of occupancy in accordance with locally adopted rules and regulations.\"(E) Add new Section 111.5 Industrialized housing and buildings installed outside the jurisdiction of a municipality or within a municipality without an inspection department to read as follows: \"The installation of buildings installed outside the jurisdiction of a municipality or within a municipality without an inspection department shall comply with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, Administrative Rules Industrialized Housing and Buildings.\"(5) Amend Section 311.3 Low-hazard storage, Group S-2 by adding the following to the list of uses that are covered by this occupancy group: \"Equipment shelters or equipment buildings.\"(6) Amend Chapter 11 Accessibility as follows.(A) Amend Section 1102.1 Design to read as follows: \"Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the Texas Accessibility Standards (TAS).\"(B) Delete Section 1103 through Section 1112. (7) Amend Chapter 35 Referenced Standards as follows.(A) Delete the following standard: \"ICC A117.1-17, Accessible and Usable Buildings and Facilities\". (B) Add TDLR, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 as a promulgating agency; add 2012 TAS, Texas Accessibility Standards as adopted under 16 Texas Administrative Code, Chapter 68 as the referenced standard; and add code sections 202, 907.5.2.3.3, 1009.8.2, 1009.9, 1009.11, 1010.2.13.1, 1012.1, 1012.6.5, 1012.10, 1013.4, 1023.9, 1102.1, 1108.2, 1110.1, 1110.2, 1110.5.1, 1110.5.2, 1111.3, 1111.4, 1111.4.2, 1112.3, 1112.4, 1112.5, and 1112.5.2 as the referenced code sections.(C) Add code section 101.4.8 as a referenced code section for NFPA Standard 70-20, National Electrical Code .(8) Amend Section K111.1 Adoption to read as follows: \"Electrical systems and equipment shall be designed, constructed and installed in accordance with NFPA 70 except as otherwise provided in this code.\"(d) The 2021 International Residential Code shall be amended as follows.(1) Amend Section R101 Scope and General Requirements as follows.(A) Amend Section R101.1 Title to read as follows: \"These regulations shall be known as the Residential Code for One- and Two-family Dwellings of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'\"(B) Amend Section R101.2 Scope by adding the following: \"Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control.\"(2) Amend Section R102 Applicability as follows.(A) Amend Section R102.4 Referenced codes and standards to read as follows: \"The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each reference and as further regulated in Sections R102.4.1 through R102.4.4. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well.\"(B) Add new Section R102.4.3 Electrical code to read as follows: \"The provisions of the National Electrical Code, NFPA 70, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. Any reference to chapters 34 through 43 of this code shall mean the Electrical Code as adopted.\"(C) Add new Section R102.4.4 TDI Code-Wind design to read as follows: \"The wind design of buildings to be placed in the first tier counties along the Texas coast and designated catastrophe areas as defined by the Texas Department of Insurance (TDI) shall also comply with the current effective code and amendments adopted by the TDI, hereafter referred to as the TDI Code. Where conflicts occur between the provisions of this code and the TDI Code as they relate to the requirements for wind design, the more stringent requirements shall apply. Where conflicts occur between the provisions of this code and the editions of the codes specified by the Texas Department of Insurance as they relate to requirements other than wind design, this code shall apply.\"(D) Amend Section R102.5 Appendices by adding the following: \"Appendices AG, AH, AK, AP, AQ, and AT shall be considered part of this code.\"(E) Add new Section R102.8 Moved industrialized housing to read as follows: \"Moved industrialized housing shall comply with the requirements of the local building official for moved buildings.\"(3) Amend Section R104.1 General by adding the following: \"The term building official as used in this code, or as used in the codes and standards referenced in this code, shall mean the Texas Commission of Licensing and Regulation, the executive director of the Texas Department of Licensing and Regulation, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings.\"(4) Amend Section R106.1 Submittal documents by adding the following: \"Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets, or in a digital format if allowed by the building official, with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Construction documents depicting the structural design of buildings to be located in hurricane prone regions and in the first tier counties along the Texas coast and designated catastrophe areas as defined by the Texas Department of Insurance (TDI) shall be prepared and sealed by a Texas licensed professional engineer.\"(5) Amend Section R110 Certificate of Occupancy as follows.(A) Amend Section R110.1 Use and change of occupancy to read as follows: \"A building or structure shall not be used or occupied in whole or in part, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the local building official has issued a certificate of occupancy in accordance with locally adopted rules and regulations. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.\"(B) Amend Section R110.2 Change in use to read as follows: \"Changes in the character or use of new industrialized housing are not allowed. Changes in the character or use of existing industrialized housing shall not be made except as authorized by the local building official.\" (C) Amend Section R110.3 Certificate issued to read as follows: \"The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations. After the local building official inspects the industrialized house or building and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, then the local building official shall issue a record of final inspection authorizing the release of the house or building for occupancy.\"(D) Delete Items 1 through 9 of Section R110.3. (E) Amend Section R110.4 Temporary occupancy to read as follows: \"The local building official may issue a temporary certificate of occupancy in accordance with locally adopted rules and regulations.\"(F) Add new Section R110.6 Industrialized housing installed outside the jurisdiction of a municipality or in a municipality without an inspection department to read as follows: \"The installation of industrialized housing installed outside the jurisdiction of a municipality or within a municipality without an inspection department shall comply with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, Administrative Rules Industrialized Housing and Buildings.\"(6) Amend Section R301.2 Climatic and geographic design criteria by adding the following sentence: \"If no additional criteria have been established, or if there is no local jurisdiction to set the additional criteria, then the additional criteria shall be in accordance with the requirements in the footnotes of Table R301.2(1) and Sections R301.2.1 through R301.8 of this code.\"(7) Amend Section R302.2.2 Common walls, to read as follows: \"Common walls separating townhouse units shall be assigned a fire-resistance rating in accordance with item (1) or (2) and shall be rated for fire exposure from both sides. Common walls shall extend to and be tight against the exterior sheathing of the exterior walls, or the inside face of exterior walls without stud cavities, and the underside of the roof sheathing. The common wall shared by two townhouse units shall be constructed without plumbing or mechanical equipment, ducts or vents, other than water-filled fire sprinkler piping in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be in accordance with the National Electrical Code, NFPA 70 as adopted. Penetrations of the membrane of common walls for electrical outlet boxes shall be in accordance with Section R302.4.(A) Amend Section R302.2.2(1), to read as follows: \"Where a fire sprinkler system in accordance with Section P2904 is provided, the common wall shall be not less than a 1-hour fire-resistance-rated wall assembly tested in accordance with ASTM E119 or UL 263 or Section 703.2.2 of the International Building Code.\"(B) Amend Section R302.2.2(2), to read as follows: \"Where a fire sprinkler system in accordance with Section P2904 is not provided, the common wall shall be not less than a 2-hour fire-resistance-rated wall assembly tested in accordance with ASTM E119 or UL 263 or Section 703.2.2 of the International Building Code.\"(C) Amend Section R302.2.2 Common walls - Exception to read as follows: Exception: \"Common walls are permitted to extend to and be tight against the inside of the exterior walls if the cavity between the end of the common wall and the exterior sheathing is filled with a minimum of two 2-inch nominal thickness wood studs.\"(8) Amend Section R303.10 Required heating to read as follows: \"Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68°F (20°C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in habitable rooms at the design temperature. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.\" (9) Amend Section R313 Automatic Fire Sprinkler Systems as follows.(A) Amend Section R313.1 Townhouse automatic fire sprinkler systems to read as follows: \"The common wall between townhouses shall be constructed in accordance with Section R302.2(2) if an automatic residential fire sprinkler system is not installed. The fire-rating of the common wall may be reduced in accordance with Section R302.2(1) if an automatic residential fire sprinkler system is installed in townhouses.\" (B) Amend Section R313.2 One- and two-family dwelling automatic fire systems to read as follows: \"One- and two-family dwelling automatic fire sprinkler systems. The construction, projections, openings and penetrations of exterior walls of one- and two-family dwellings and accessory buildings shall comply with Table R302.1(1) if an automatic residential fire sprinkler system is not installed. The construction, projections, openings and penetrations of the exterior walls of one- and two-family dwellings and their accessory uses may be constructed in accordance with the requirements of Table R302.1(2) if an automatic residential fire sprinkler system is installed in one- and two-family dwellings.\"(10) Amend the second sentence of Section R902.1 Roofing covering materials to read as follows: \"Class A, B or C roofing shall be installed.(11) Amend Chapter 11 [RE] Energy Efficiency as follows.(A) Replace N1101.2 Intent with N1101.2 Compliance to read as follows: \"Compliance shall be demonstrated by meeting the requirements of the Residential Provisions of the International Energy Conservation Code.\" (B) Delete Section N1101.3 through Section N1113 .(12) Delete Part VIII-Electrical, Chapters 34 through 43.(13) Amend Chapter 44 Referenced Standards as follows.(A) Delete code sections N1101.5 and N1101.13 as referenced code sections for IECC-15, International Energy Conservation Code. (B) Add code section R102.4.3 and delete code sections E3401.1, E3401.2, E4301.1, Table E4303.2, E4304.3, and E4304.4 as referenced code sections for NFPA Standard 70-20, National Electrical Code. (C) Add TDI, Texas Department of Insurance, Windstorm Inspections Program, 333 Guadalupe Street, Austin, Texas 78701 as a promulgating agency, add TDI Code, Building Codes adopted by TDI for the Windstorm Inspection Program, as the referenced standard, and add code sections R102.4.4 and R106.1 as the referenced code sections.(14) Amend Section U101.1 General to read as follows: \"These provisions shall be applicable for new construction where solar-ready provisions are provided.\"(e) The 2021 International Fuel Gas Code shall be amended as follows.(1) Amend Section 101 General as follows.(A) Amend Section 101.1 Title to read as follows: \"These regulations shall be known as the Fuel Gas Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'\"(B) Amend Section 101.2 Scope by adding the following: \"Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control.\"(2) Amend Section 102 Applicability as follows.(A) Amend Section 102.4 Additions, alterations or repairs to read as follows: \"The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations, or additions of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site. Additions, alterations, or repairs shall not cause an existing installation to become unsafe, hazardous, or overloaded.\"(B) Amend Section 102.5 Change in occupancy by adding the following to the beginning of the section: \"The provisions of the International Existing Building Code shall apply to all matters governing a change in the occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site.\"(C) Amend Section 102.7 Moved buildings by replacing the first sentence with the following: \"Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council.\" (D) Amend Section 102.8 Referenced codes and standards by adding the following: \"Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well.\"(3) Amend Chapter 8 Referenced Standards by adding ICC Standard IEBC-21, International Existing Building Code, referenced in code sections 102.4 and 102.5.(f) The 2021 International Mechanical Code shall be amended as follows.(1) Amend Section 101 General as follows.(A) Amend Section 101.1 Title to read as follows: \"These regulations shall be known as the Mechanical Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'\"(B) Amend Section 101.2 Scope by adding the following: \"Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control.\"(2) Amend Section 102 Applicability as follows.(A) Amend Section 102.4 Additions, alterations or repairs to read as follows: \"The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations, or additions of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site. Additions, alterations or repairs shall not cause an existing installation to become unsafe, hazardous or overloaded.\"(B) Amend Section 102.5 Change in occupancy by replacing the first sentence with the following: \"The provisions of the International Existing Building Code shall apply to all matters governing a change in the occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site.\"(C) Amend Section 102.7 Moved buildings by replacing the first sentence with the following: \"Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council.\" (D) Amend Section 102.8 Referenced codes and standards by adding the following: \"Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well.\"(3) Amend Chapter 15 Referenced Standards by adding ICC Standard IEBC-21, International Existing Building Code, referenced in code sections 102.4 and 102.5.(g) The 2021 International Plumbing Code shall be amended as follows.(1) Amend Section 101 General as follows.(A) Amend Section 101.1 Title to read as follows: \"These regulations shall be known as the Plumbing Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'\"(B) Amend Section 101.2 Scope by adding the following: \"Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control.\"(2) Amend Section 102 Applicability as follows.(A) Amend Section 102.4 Additions, alterations or repairs by replacing the first sentence with the following: \"The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations, or additions of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site.\"(B) Amend Section 102.5 Change in occupancy by adding the following to the beginning of the section: \"The provisions of the International Existing Building Code shall apply to all matters governing a change in the occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site.\"(C) Amend Section 102.7 Moved buildings to read as follows: \"Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council.\"(D) Amend Section 102.8 Referenced codes and standards by adding the following: \"Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well.\"(3) Amend Section 403 Minimum Plumbing Facilities as follows.(A) Add new Section 403.7 Industrialized housing and buildings exceptions to read as follows: \"Plumbing fixtures for industrialized buildings shall be provided as required by Table 403.1 except as allowed in Sections 403.7.1, 403.7.2 and 403.7.3.\"(B) Add new Section 403.7.1 Buildings that are not normally occupied to read as follows: \"Buildings, such as equipment or communication shelters, that are not normally occupied or that are only occupied to service equipment, shall not be required to provide plumbing facilities. EXCEPTION: Buildings that are not normally occupied that are also classified as a Group H occupancy must be provided with plumbing facilities required for this type of occupancy such as requirements for emergency showers and eyewash stations.\"(C) Add new Section 403.7.2 Other industrialized buildings to read as follows: \"All other industrialized buildings shall contain the minimum plumbing fixtures required in accordance with Table 403.1 unless the building is a non-site specific building and the plans and the data plate contain a special condition/limitation note that the minimum number of required fixtures shall be provided in another building located on the installation site with a path of travel that does not exceed a distance of 500 feet. The plumbing facilities must be accessible to the occupants of the industrialized building. Non-site specific buildings and special condition limitation notes shall be as defined in the 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program.\"(D) Add new Section 403.7.3 Requirements for service sinks for industrialized buildings to read as follows: \"Commercial industrialized buildings with areas of less than or equal to 1,800 square feet shall not be required to contain a service sink provided that the building contains a lavatory and water closet that can be substituted for the service sink. EXCEPTION: A building of less than 1,800 square feet in area without any plumbing facilities shall comply with section 403.7.2.(4) Amend Chapter 15 Referenced Standards by adding ICC Standard IEBC-21, International Existing Building Code , referenced in code sections 102.4 and 102.5.(h) The 2015 International Energy Conservation Code shall be amended as follows.(1) Amend Section C101 Scope and General Requirements and R101 Scope and General Requirements as follows.(A) Amend Section C101.1 Title and Section R101.1 Title to read as follows: \"These regulations shall be known as the Energy Conservation Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as \"this code.\"(B) Amend Section C101.2 Scope and R101.2 Scope by adding the following: \"Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control.\"(2) Amend Section C102 Alternate Materials - Method of Construction, Design or Insulating Systems and R102 Alternate Materials, Design and Methods of Construction and Equipment as follows.(A) Add new Section C102.1.2 Compliance software tools to read as follows: \"The following software tools may be used to demonstrate energy code compliance for commercial buildings. The mandatory requirements of this code apply regardless of the software program that is used to demonstrate compliance. 1. The PLLN/DOE software programs COMcheck. 2. Software programs approved by the State Energy Conservation Office. 3. Other software programs if approved by the executive director or the Council.\"(B) Add new Section R102.1.2 Compliance software tools to read as follows: \"The following software tools may be used to demonstrate energy code compliance for commercial buildings. The mandatory requirements of this code apply regardless of the software program that is used to demonstrate compliance. 1. The PLLN/DOE software programs REScheck. 2. The Texas Energy Systems Laboratory International Code Compliance Calculator, IC3. 3. Software programs approved by the State Energy Conservation Office. 4. Other software programs if approved by the executive director or the Council.\"(3) Amend Section C106.1 Referenced codes and standards and Section R106.1 Referenced Codes and Standards by adding the following: \"Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well.\"(4) Add new Section C401.2.2 Buildings for state agencies and institutions of higher education to read as follows: \"Buildings for state agencies and institutions of higher education shall comply with the energy standard adopted pursuant to Texas Government Code, §447.004 by the State Energy Conservation Office (SECO), and implementation through 34 Texas Administrative Code, Chapter 19, Subchapter C, Energy Conservation Design Standards.\"(5) Add new item 4 to Section R401.2 Compliance to read as follows: \"Alternative for single-family housing only. A manufacturer or builder may choose to use the energy code with any local amendments or alternative compliance paths that are requested by a municipality, county, or group of counties located in the climate zone where the house will be located and are determined by the Texas Energy Systems Laboratory to be equally or more stringent than the energy code adopted by the State Energy Conservation Office (SECO).\"(6) Add new Section C501.7 Moved buildings to add the following sentence: \"Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council.\"(7) Amend Chapter C6 Referenced Standards and Chapter R6 Referenced Standards as follows.(A) Add to Chapter C6 PNNL/DOE, Pacific Northwest National Laboratory/Department of Energy Conservation, https://www.energycodes.gov/software-and-webtools, as a promulgating agency, COMcheck Version 4.0.5.2 or later, Commercial Energy Compliance Software as the referenced standard, and section C102.1.2 as the referenced code section.(B) Add to Chapter R6 PNNL/DOE, Pacific Northwest National Laboratory/Department of Energy Conservation, https://www.energycodes.gov/software-and-webtools, as a promulgating agency, REScheck Version 4.6.3 or later, Residential Energy Compliance Software as the referenced standard, and section R102.1.2 as the referenced code section.(C) Add to Chapter R6 the Texas Energy Systems Laboratory, 402 Harvey Mitchell Parkway South, College Station, Texas 77845-3581, as a promulgating agency, IC3, v 3.10 or later, International Code Compliance Calculator as the referenced standard, and section R102.1.2 as the referenced code section.(i) The 2021 International Existing Building Code shall be amended as follows.(1) Amend Section 101 Scope and General Requirements as follows.(A) Amend Section 101.1 Title to read as follows: \"These regulations shall be known as the Existing Building Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'\"(B) Amend Section 101.2 Scope by adding the following: \"Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control.\"(2) Amend Section 102 Applicability as follows.(A) Amend Section 102.4 Referenced codes and standards to read as follows: \"The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 through 102.4.3. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well.\"(B) Add new Section 102.4.3 Accessibility for existing buildings to read as follows: \"Wherever reference elsewhere in this code is made to sections in Chapter 11 of the International Building Code or ICC A117.1, the Texas Accessibility Standards (TAS) of Texas Government Code, Chapter 469, Elimination of Architectural Barriers shall be substituted.\"(3) Amend Section 1301.2 Applicability to read as follows: \"Existing buildings in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 6 through 12. The provisions of Sections 1301.2.1 through 1301.2.6 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, I-2, M, R and S. These provisions shall also apply to Group U occupancies where such occupancies are undergoing a change of occupancy or a partial change in occupancy with separations in accordance with Section 1301.2.2. These provisions shall not apply to buildings with occupancies in Group H, I-1, I-3, or I-4.\"(4) Amend Chapter 16 Referenced Standards as follows.(A) Delete the following standard: \"ICC A117.1-09, Accessible and Usable Buildings and Facilities.\" (B) Amend to read as follows: \"TDLR, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 as a promulgating agency; add 2012 TAS - effective March 2012, Texas Accessibility Standards as adopted under 16 Texas Administrative Code, Chapter 68 as the referenced standard; and add code sections 102.4, 410.8.2, 410.8.3, 410.8.10, 705.1.2, and 705.1.3 as the referenced code sections.\"(j) The 2020 National Electrical Code shall be amended as follows.(1) Amend Article 310.1 Scope to read as follows: \"This article covers general requirements for conductors rated up to and including 2000 volt and their type designations, insulations, markings, mechanical strengths, ampacity ratings, and uses. These requirements do not apply to conductors that form an integral part of equipment, such as motors, motor controllers, and similar equipment, or to conductors specifically provided for elsewhere in this Code . Aluminum and copper-clad aluminum shall not be used for branch circuits in buildings classified as a residential occupancy. Aluminum and copper-clad aluminum conductors, of size number 4 AWG or larger, may be used in branch circuits in buildings classified as occupancies other than residential.\"(2) Add new Article 545.14, Testing, to read as follows.(A) \"(A) Dielectric Strength Test. The wiring of each modular house, building, or component shall be subjected to a 1-minute, 900-volt, dielectric strength test (with all switches closed) between live parts (including neutral conductor) and the house, building, or component ground. Alternatively, the test shall be permitted to be performed at 1080 volts for 1 second. This test shall be performed after branch circuits are complete and after luminaires or appliances are installed. Exception: Listed luminaires or appliances shall not be required to withstand the dielectric strength test. Exception: A DC dielectric tester can be used as an alternate to the use of an AC dielectric tester. The applied test voltage for testing with a DC tester shall be 1.414 times the value of the equivalent AC test voltage.\"(B) \"(B) Continuity and Operational Tests and Polarity Checks. Each modular house, building, or component shall be subjected to all of the following: (1) An electrical continuity test to ensure that all exposed electrically conductive parts are properly bonded; (2) An electrical operational test to demonstrate that all equipment, except water heaters and electric furnaces, are connected and in working order; (3) Electrical polarity checks of permanently wired equipment and receptacle outlets to determine that connections have been properly made.\"(3) Remove Section 210.8(F).", "sourceNote": "Source Note: The provisions of this §70.101 adopted to be effective August 1, 2017, 42 TexReg 676; amended to be effective March 15, 2020, 45 TexReg 1674; amended to be effective March 1, 2024, 49 TexReg 1077." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143841", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.102", "label": "Use and Construction of Codes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143842", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Industrialized housing, buildings, and site-built REFs shall be constructed to meet or exceed the mandatory building code standards and requirements referenced in §70.100 and §70.101 in effect at the time of construction. A building that has not been previously occupied or used for its intended purpose shall comply with the provisions of the mandatory building codes referenced in §70.100 and §70.101 for new construction in effect at the time of construction. Industrialized housing and buildings shall be installed in accordance with the mandatory building code standards and requirements referenced in §70.100 and §70.101.(b) Alterations of industrialized housing and permanent industrialized buildings shall be in accordance with §70.74 and shall comply with the provisions of the codes referenced in §70.100 and §70.101 for new structures.(c) Industrialized buildings designed to be moved from one commercial site to another commercial site shall be recertified or altered in accordance with the mandatory building code standards and requirements referenced in §70.100 and §70.101 and in accordance with §70.74. Alterations of buildings shall comply with the standards and requirements of the following codes for each type of recertification class.(1) Recertification class 1 and class 4: Alterations shall comply with the International Existing Building Code as referenced in §70.101. Alterations of buildings that have not been previously occupied or used for their intended purpose shall comply with the provisions of the codes referenced in §70.100 and §70.101 for new construction.(2) Recertification class 2 and class 3: The existing building as altered, and additional alterations to the building, shall comply with the provisions of the International Existing Building Code as referenced in §70.101.(d) The codes adopted in §70.100 and §70.101 shall be construed to conform to the intent of Chapter 1202 and these rules and regulations. For example, where reference is made in any of the codes to the building official, the plumbing or mechanical official, or the administrative authority or enforcement official, such reference shall be construed pursuant to Chapter 1202 and the sections in this chapter to mean, where applicable, the council, the local building official, or the department.", "sourceNote": "Source Note: The provisions of this §70.102 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective May 1, 2005, 30 TexReg 2504; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143842", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.103", "label": "Alternate Materials and Methods" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8800", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Alternate materials or methods of construction other than as authorized by the mandatory codes set forth in §70.100 must be approved by the council.(b) Manufacturers, REF builders, or industrialized builders shall submit descriptions of alternate methods or materials required to be approved by the council to the executive director for consideration by the council. The submittal shall include either 15 legible hard copies of drawings, specifications, and substantiating evidence for each such alternate method or material or all supporting documentation shall be submitted electronically and be in a format that will allow for electronic disbursement of these materials to the council.(c) The following types of alternate materials or methods of construction have been approved by the council and do not require the manufacturer, REF builder, or industrialized builder to submit descriptions to the council for approval. Materials or methods of construction shall be used and identified in accordance with the applicable code or product evaluation report or listing.(1) Alternate materials or methods with a current code evaluation report from ICC ES. An industrialized house or building or site-built REF with a code evaluation report is not exempt from the requirements of Texas Occupations Code, Chapter 1202.(2) Alternate materials or methods of construction with a current product evaluation report or listing from a product certification agency accredited by the IAS that shows compliance with the applicable mandatory building codes. An industrialized house or building or site-built REF with a product evaluation report or listing is not exempt from the requirements of Texas Occupations Code, Chapter 1202.", "sourceNote": "Source Note: The provisions of this §70.103 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective May 1, 2008, 33 TexReg 3409; amended to be effective January 1, 2010, 34 TexReg 9409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8800", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "70", "label": "INDUSTRIALIZED HOUSING AND BUILDINGS" }, "rule": { "number": "§70.120", "label": "Intent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143732", "queryAsDate": "03/11/2026" }, "ruleBody": "The 69th Legislature, 1985, has found and determined that there is great need to provide safe, durable code-constructed housing and buildings and to encourage the economics realized through mass production and assembly line building techniques in order to produce and provide more affordable dwellings and buildings. The 69th Legislature has also found and determined that existing statutes and regulations prior to September 1, 1985, are not adequate to coordinate properly the interests of both the state and local political subdivisions including home rule cities. In recognition of its findings, and in order to promote the public health, safety, and welfare, the 69th Legislature enacted House Bill 1213 mandating the regulation of industrialized housing and buildings and provided that such Act shall be liberally construed and applied to encourage innovative building and construction techniques (Chapter 84, 69th Legislature, 1985, Vernon's Law Service, 1985, page 332).", "sourceNote": "Source Note: The provisions of this §70.120 adopted to be effective July 13, 1990, 15 TexReg 3741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143732", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165436", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of the Texas Labor Code, Chapter 91 and Texas Occupations Code, Chapter 51.", "sourceNote": "Source Note: The provisions of this §72.1 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective April 1, 2004, 29 TexReg 3173; amended to be effective January 1, 2010, 34 TexReg 9430." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165436", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165437", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, as used in this chapter and Texas Labor Code, Chapter 91, have the following meanings, unless the context clearly indicates otherwise.(1) Department--Texas Department of Licensing and Regulation.(2) Offering to Perform--Making a written or oral proposal, contracting in writing or orally to perform professional employer services, or advertising in any form through any medium that a person or business entity is a professional employer organization, or that implies in any way that a person or business entity is available to enter into a professional employer services agreement.(3) PEO--Professional Employer Organization.(4) Person--Any individual, partnership, corporation, or any other business entity.(5) The Code--The Texas Labor Code, Chapter 91.", "sourceNote": "Source Note: The provisions of this §72.10 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective April 1, 2004, 29 TexReg 3173; amended to be effective January 1, 2010, 34 TexReg 9430; amended to be effective December 31, 2011, 36 TexReg 8819; amended to be effective January 1, 2014, 38 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165437", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.20", "label": "License Requirements--Full License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165438", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person who performs or offers to perform PEO services as defined by the Code, must be licensed with the department.(b) To obtain an original PEO license, a person must provide the department with all of the following required information, on forms prescribed by the executive director:(1) a completed registration form, including any applicable attachments or application forms;(2) a completed personal information form from each controlling person as defined in Texas Labor Code §91.001(7);(3) fingerprint cards for the applicant and any controlling persons;(4) a completed criminal history questionnaire, as applicable;(5) documentation from the Texas Secretary of State recognizing the person's authority to do business in this state;(6) proof of positive working capital as described under §72.40; and(7) the required fees.(c) Each individual applicant and all controlling persons must pass a background investigation that includes:(1) A comparison of the person's fingerprints by appropriate state or federal law enforcement agencies with fingerprints on file; and(2) A criminal history check with appropriate state and federal law enforcement agencies.(d) Falsification of a required document by the applicant is grounds for denial and/or revocation of license.(e) Falsification of documentation provided by a controlling person disqualifies that person from serving as a controlling person.", "sourceNote": "Source Note: The provisions of this §72.20 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective April 1, 2004, 29 TexReg 3173; amended to be effective January 1, 2010, 34 TexReg 9430; amended to be effective December 31, 2011, 36 TexReg 8819; amended to be effective January 1, 2014, 38 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165438", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.21", "label": "License Renewal Requirements--Full License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165439", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order for a PEO to continue operating in this state, a license must be renewed annually.(b) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter.(c) To renew a PEO license, a person must provide the department with all of the following required information, on forms prescribed by the executive director:(1) a completed registration form, including any applicable attachments or application forms;(2) a completed personal information form from each controlling person as defined in Texas Labor Code §91.001(7), or a form indicating there has been no change in the personal information form since the previous license application or renewal from each controlling person;(3) fingerprint cards for any new controlling persons;(4) a completed criminal history questionnaire, as applicable;(5) proof of positive working capital as described under §72.40; and(6) the required fees.(d) Each individual applicant and all controlling persons of the PEO must submit to a background investigation as described in §72.20(c) each year at the time of renewal.(e) Falsification of a required document by the applicant is grounds for denial and/or revocation of license.(f) Falsification of documentation provided by a controlling person disqualifies that person from serving as a controlling person.(g) The department may refuse to renew a registration if the applicant or a controlling person of the applicant has violated Texas Labor Code, Chapter 91, this chapter, or a rule or an order issued by the commission or executive director.", "sourceNote": "Source Note: The provisions of this §72.21 adopted to be effective January 1, 2010, 34 TexReg 9430; amended to be effective December 31, 2011, 36 TexReg 8819; amended to be effective January 1, 2014, 38 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165439", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.22", "label": "License Requirements--Limited License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165440", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify for a limited license, a person at all times must:(1) employ less than 50 covered employees in this state at any one time;(2) not provide covered employees to clients that are based or domiciled in the state;(3) not maintain an office in this state; and(4) not solicit clients located or domiciled in this state.(b) A person applying for a limited license must provide the department with all of the following required information, on forms prescribed by the executive director:(1) a completed registration form, including any applicable attachments or application forms;(2) a completed personal information form from each controlling person as defined in Texas Labor Code §91.001(7);(3) a completed criminal history questionnaire, as applicable;(4) proof of current licensure as a PEO, in good standing, if licensed in another state;(5) documentation from the Texas Secretary of State recognizing the person's authority to do business in this state;(6) proof of positive working capital as described under §72.40; and(7) the required fees.(c) Falsification of a required document by the applicant is grounds for denial and/or revocation of license.(d) Falsification of documentation provided by a controlling person disqualifies that person from serving as a controlling person.(e) After the person obtains the limited license, the person must continue to meet all of the requirements under subsection (a) in order to retain the limited license. Failure to continue meeting the requirements will result in loss of the limited license.", "sourceNote": "Source Note: The provisions of this §72.22 adopted to be effective January 1, 2010, 34 TexReg 9430; amended to be effective December 31, 2011, 36 TexReg 8819; amended to be effective January 1, 2014, 38 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165440", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.23", "label": "License Renewal Requirements--Limited License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147256", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order for a limited license PEO to continue operating in this state, a limited license must be renewed annually.(b) Non-receipt of a limited license renewal notice from the department does not exempt a person from any requirements of this chapter.(c) To continue qualification for a limited license, a person at all times while licensed must:(1) employ less than 50 covered employees in this state at any one time;(2) not provide covered employees to clients that are based or domiciled in the state;(3) not maintain an office in this state; and(4) not solicit clients located or domiciled in this state.(d) To renew a limited license, a person must provide the department with all of the following required information, on forms prescribed by the executive director:(1) a completed registration form, including any applicable attachments or application forms;(2) a completed personal information form from each controlling person as defined in Texas Labor Code §91.001(7), or a form indicating there has been no change in the personal information form since the previous license application or renewal from each controlling person;(3) a completed criminal history questionnaire, as applicable;(4) proof of current licensure as a PEO, in good standing, if licensed in another state;(5) proof of positive working capital as described under §72.40; and(6) the required fees.(e) Falsification of a required document by the applicant is grounds for denial of the application and/or revocation of a license.(f) Falsification of documentation provided by a controlling person disqualifies that person from serving as a controlling person.(g) The person must continue to meet all of the requirements under subsection (a) in order to retain the limited license. Failure to continue meeting the requirements will result in loss of the limited license.", "sourceNote": "Source Note: The provisions of this §72.23 adopted to be effective January 1, 2010, 34 TexReg 9430; amended to be effective December 31, 2011, 36 TexReg 8819; amended to be effective January 1, 2014, 38 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147256", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.24", "label": "Approval of Assurance Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant or license holder may enter into an agreement with a commission-approved assurance organization to act on behalf of an applicant or license holder in accomplishing the provisions of this chapter and the Code.(b) The authorization of an assurance organization to act on its behalf does not relieve an applicant or license holder from the applicant or license holder's ultimate responsibility to comply with each of its obligations pursuant to this chapter and the Code.(c) An assurance organization desiring to become approved by the commission shall submit to the department:(1) a letter requesting approval by the commission;(2) evidence that the assurance organization meets the qualifications set forth in Texas Labor Code, §91.001(2-a); and(3) an explanation of how the assurance organization will certify each of the criteria and obligations required of applicants and license holders in this chapter and the Code.(d) No later than 30 days after the assurance organization submits all of the required information to the department, the department shall notify the assurance organization in writing whether or not the assurance organization has been approved.(e) If the department recommends not approving the assurance organization, it shall detail the deficiencies in the writing referenced in §72.24(d). The assurance organization may correct the deficiencies.(f) The assurance organization's approval shall remain in effect until such time as either the department, after written notice, terminates the approval, or until such time as the assurance organization, after written notice, withdraws or terminates its status as a commission-approved assurance organization.(g) For so long as the assurance organization is approved, the assurance organization shall notify the department annually, in writing, on the anniversary of its approval date, whether any of its standards of accreditation have changed during the previous year.(h) The department shall make available to the public a current list of all commission-approved assurance organizations.(i) The department shall notify the assurance organization in writing if the department becomes aware of information which indicates that the assurance organization is failing to adequately monitor or provide compliance assistance as intended by the Code and this chapter. The department shall include such deficiencies in its written notification.(j) The assurance organization shall respond to the department within 30 days of its receipt of the notification in §72.24(h), and both shall attempt to resolve the matters of concern. If the matters are not resolved within a reasonable time, the department may elect to recommend that the assurance organization's approval be terminated.(k) If the assurance organization desires to withdraw or terminate its status as an approved assurance organization in Texas, it shall give the department not less than 60 days written notification of said intent, and shall agree to cooperate with the department and any license holders or applicants that have an agreement with the assurance organization in the termination process.(l) In all matters concerning the relationship between the commission and either a commission-approved assurance organization, or an assurance organization desiring to become approved, including disputed matters, the decision of the executive director shall be binding on all parties.", "sourceNote": "Source Note: The provisions of this §72.24 adopted to be effective September 1, 2010, 35 TexReg 7784." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165441", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.25", "label": "Use of Assurance Organization by Applicant or License Holder" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154229", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall accept an approved assurance organization's written certification as evidence that an applicant or license holder has met and continues to meet the criteria and obligations set forth in this chapter and the Code. The department retains the right to independently verify any information or certification provided by the assurance organization, including the ability to verify information contained in the assurance organization's databases.(b) An applicant or licensee wishing to utilize the services of an assurance organization shall execute, and the assurance organization shall submit to the department, together with any fees, the appropriate application form prescribed by the executive director which includes a certification by the assurance organization that the license holder or applicant is in compliance with the assurance organization's standards which meet the requirements of the Code and the rules and a certification by the licensee or applicant that the applicant is in full compliance with all requirements of the Code and the rules, together with the license holder or applicant's authorization for the department to accept information provided by the assurance organization on behalf of the applicant or licensee.(c) Two or more applicants or license holders using the services of an approved assurance organization and desiring to apply or renew as a group, may do so provided that the applicants or license holders apply or renew on a form prescribed by the executive director and demonstrate that they have at least two of the following criteria in common:(1) financial statement;(2) controlling person;(3) insurance coverage; or(4) ownership.(d) Though qualified applicants may apply as a group, the department will issue licenses only to qualified applicants having unique federal employment identification numbers.(e) An approved assurance organization shall notify the department in writing no later than 10 days after it receives a complaint, or becomes aware of information indicating that an applicant or license holder utilizing its services is not in compliance with its obligations under this chapter or the Code. The notification shall include the originals or a certified copy of all such information in the assurance organization's possession.(f) An approved assurance organization shall notify the department in writing no later than 10 days after the assurance organization has made a determination that an accredited PEO has violated any of the standards of accreditation of the assurance organization.(g) Should the department elect to take action against any bond made available to it by an assurance organization because of a license holder or applicant's violation of this chapter or the Code as determined by the department, the department shall provide the assurance organization thirty (30) days written notice prior to taking action against the bond. This notification requirement shall neither affect the department's enforcement procedures nor affect the department's ability to take appropriate disciplinary action against a licensee or applicant.", "sourceNote": "Source Note: The provisions of this §72.25 adopted to be effective September 1, 2010, 35 TexReg 7784; amended to be effective January 1, 2014, 38 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154229", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.40", "label": "Proof of Positive Working Capital" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165433", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person applying for an original license or a renewal license must demonstrate the person's positive working capital according to the schedule set out in Texas Labor Code §91.014(a). Positive Working Capital must be demonstrated by the financial statement of the applicant that:(1) is prepared in accordance with generally accepted accounting principles;(2) is audited by an independent certified public accountant, and is without qualification as to the going concern status of the applicant;(3) reflects positive working capital on a date not earlier than 15 months before the date of the application; and(4) is based on adequate reserves for taxes, insurance, and incurred claims that are not paid.(b) An applicant that has not had sufficient operating history to have audited financial statements based on at least 12 months of operations must meet the financial capacity requirements required by the schedule in Texas Labor Code §91.014(a) and must provide the department with financial statements that have been reviewed by a certified public accountant.(c) An applicant may satisfy any deficiencies in the working capital requirement as set forth in subsection (a) or (b), with one or more of the following:(1) A guaranty with the most recent audited financial statement of the guarantor, demonstrating positive working capital according to the schedule set out in Texas Labor Code §91.014(a);(2) A surety bond that:(A) is issued by a surety authorized to do business in the State of Texas;(B) conforms to the Texas Insurance Code;(C) is on a department-approved form;(D) is payable to the executive director on behalf of persons who are injured because of a licensee's violation of Texas Labor Code, Chapter 91 or this chapter; and(E) states that the surety will provide the department 60 days prior written notice of its intent to cancel the bond;(3) An original letter of credit that:(A) is irrevocable;(B) is issued by a qualified financial institution which is financially responsible in the amount of the letter of credit;(C) does not require examination of the performance of the underlying transaction between the department and the licensee;(D) is payable to the department on sight or within a reasonably brief period of time after presentation of all required documents; and(E) does not include any condition that makes payment to the department contingent upon the consent of or other action by the licensee or other party; or(4) Another form of security acceptable to the executive director.(d) Any form of financial security used to satisfy a deficiency in applicant's positive working capital under subsection (a) or (b) that is issued or written for a specified term must be replaced or renewed in accordance with this chapter.(e) Any form of financial security used to satisfy a deficiency in applicant's positive working capital under subsection (a) or (b) must be maintained by the licensee for the entire time the licensee continues to do business in this state.(f) Any form of financial security used to satisfy a deficiency in applicant's positive working capital under subsection (a) or (b) must be kept in effect until the later of:(1) two years after the licensee ceases to do business in this state;(2) two years after the licensee's license expires; or(3) the executive director receives satisfactory proof from the licensee and determines that the licensee has discharged or otherwise adequately met all its obligations under Texas Labor Code, Chapter 91 and this chapter.(g) If any form of financial security under subsection (c) is canceled or lapses during the term of the licensee's license, the licensee may not continue operations after the effective date of the cancellation or lapse, unless and until the licensee files with the executive director a valid form of financial security that meets the requirements provided by Texas Labor Code, Chapter 91, and this chapter and that provides coverage after that date.(h) Cancellation or lapse of the financial security under subsection (c) does not affect the licensee's liability before or after the effective date of the cancellation or lapse.", "sourceNote": "Source Note: The provisions of this §72.40 adopted to be effective January 1, 2010, 34 TexReg 9430; amended to be effective December 31, 2011, 36 TexReg 8819." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165433", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.70", "label": "Responsibilities of Licensee--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165434", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notices to Clients.(1) A licensee must notify its clients of the name, mailing address, and telephone number of the department. The notice also must contain a statement that unresolved complaints concerning a licensee or questions concerning the regulation of PEO's may be addressed to the department.(2) The notice required by this subsection must be made a part of all agreements between licensees and clients. The notification shall appear in a typeface no smaller than the body of the contract and shall be printed in bold face, all capital letters or contrasting color of ink to set it out from the surrounding written material.(b) Notices to Covered Employees.(1) A licensee must provide written notice of a professional employer services agreement to each covered employee that sets forth the general nature of the coemployment relationship, the name, mailing address, website www.tdlr.texas.gov, and telephone number of the department, and a statement that unresolved complaints concerning a licensee or questions concerning the regulation of PEO services may be addressed to the department.(2) A licensee must notify each covered employee that, pursuant to §91.032(c) of the Code, a client company is solely obligated to pay any wages for which:(A) an obligation to pay is created by an agreement, contract, plan, or policy between the client company and the covered employee; and(B) the PEO has not contracted to pay.(3) A licensee shall have each covered employee either sign a document or electronically acknowledge that the covered employee has received the notice required by §72.70(b)(1) and other notices set forth in this subsection. The signed document or electronic record must be kept on file for two years after employment is terminated. The signed document or electronic record may be included as part of the professional employer services agreement or other agreement with the covered employee or may be a separate document.(c) Notwithstanding subsection (b)(2), a PEO may process payments for wages that it has not contracted to pay at the request or direction of its clients.(d) A licensee must update the information provided to the department as part of the original or renewal license application within 45 days after any change to the information.", "sourceNote": "Source Note: The provisions of this §72.70 adopted to be effective January 1, 2010, 34 TexReg 9430; amended to be effective January 1, 2014, 38 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165434", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.71", "label": "Responsibility of Licensee--Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165435", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon notification, the licensee shall allow the executive director or his designee to audit records required by the Code and any records required by this chapter.(b) All licensees shall maintain the following documents for two (2) years following the termination of a professional employer services agreement:(1) insurance coverage documents which may be required for filing with the Texas Department of Insurance, or insurance coverage documents which the licensee may be required to retain by the Texas Department of Insurance;(2) all documents pertaining to insurance claims;(3) workers compensation coverage documents;(4) all documents pertaining to workers' compensation claims;(5) professional employer services agreements between the license holder and client companies;(6) employee tax records that may be required to be retained by or filed with the Texas Workforce Commission;(7) employee tax records that may be required to be retained by or filed with the Internal Revenue Service; and(8) employee tax records that may be required to be retained by or filed with the county or state.(c) This section does not require a licensee to obtain documents that it would not otherwise obtain in the course of business and does not require a licensee to obtain documents from any other person or entity. This section requires licensees to maintain copies of documents actually received in the course of business or required to be maintained by the governmental entities listed in this section.", "sourceNote": "Source Note: The provisions of this §72.71 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective April 1, 2004, 29 TexReg 3173; amended to be effective January 1, 2010, 34 TexReg 9430; amended to be effective January 1, 2014, 38 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165435", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.73", "label": "Self-funded Health Benefit Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165442", "queryAsDate": "03/11/2026" }, "ruleBody": "A PEO that offers a self-funded health insurance plan shall deliver to the department the following, within 45 days of receiving approval from the Texas Department of Insurance:(1) a copy of the written approval to offer the plan from the Texas Department of Insurance; and(2) a copy of proof that the PEO has appointed the commissioner of the Texas Department of Insurance as its resident agent for purposes of service of process in this state.", "sourceNote": "Source Note: The provisions of this §72.73 adopted to be effective January 1, 2014, 38 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165442", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143742", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application Fees.(1) All application fees are non-refundable.(2) The application fee is a required fee that is separate from the required license fee.(3) The original application fee is $150.(4) The renewal application fee is $150.(5) The limited license original application fee is $150.(6) The limited license renewal application fee is $150.(b) License Fees.(1) The license fee is a required fee that is separate from the required application fee.(2) The original license fee is:(A) $150 for 0 to 249 assigned employees;(B) $300 for 250 to 750 assigned employees; and,(C) $550 for more than 750 assigned employees.(3) The renewal license fee is:(A) For 0 to 249 assigned employees, $250 for licenses expiring before February 1, 2014; $150 for licenses expiring on or after February 1, 2014;(B) For 250 to 750 assigned employees, $500 for licenses expiring before February 1, 2014; $300 for licenses expiring on or after February 1, 2014; and,(C) For more than 750 assigned employees, $750 for licenses expiring before February 1, 2014; $550 for licenses expiring on or after February 1, 2014.(4) The limited license original license fee is $150.(5) The limited license renewal license fee is $750 for licenses expiring before February 1, 2014; $150 for licenses expiring on or after February 1, 2014.(c) Late renewal fees for licenses and limited licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(d) Revised/Duplicate License/Certificate/Permit/Registration--$25.", "sourceNote": "Source Note: The provisions of this §72.80 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective February 23, 1995, 20 TexReg 962; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective February 1, 2005, 30 TexReg 388; amended to be effective January 1, 2010, 34 TexReg 9430; amended to be effective January 1, 2014, 38 TexReg 9514." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143742", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.90", "label": "Sanctions--Administrative Sanctions/Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143743", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates Texas Labor Code, Chapter 91, this chapter, or a rule, or order of the executive director or commission proceedings may be instituted to impose administrative sanctions, administrative penalties or both in accordance with Texas Labor Code, Chapter 91, Texas Occupations Code, Chapter 51, and any associated rules.", "sourceNote": "Source Note: The provisions of this §72.90 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective December 28, 2000, 25 TexReg 12686; amended to be effective April 1, 2004, 29 TexReg 3173; amended to be effective January 1, 2010, 34 TexReg 9430." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143743", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.91", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147258", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapter 51, Texas Labor Code, Chapter 91, and any associated rules may be used to enforce Texas Labor Code, Chapter 91 and this chapter.", "sourceNote": "Source Note: The provisions of this §72.91 adopted to be effective January 1, 2010, 34 TexReg 9430." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147258", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "72", "label": "PROFESSIONAL EMPLOYER ORGANIZATION" }, "rule": { "number": "§72.100", "label": "Electronic Filing and Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107631", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On behalf of an applicant or licensee, an approved assurance organization may electronically file with the department any application, report, or other document required by the department, this chapter, or the Code.(b) All electronic filings made pursuant to this chapter and the Code shall be in a format prescribed by the executive director.", "sourceNote": "Source Note: The provisions of this §72.100 adopted to be effective September 1, 2010, 35 TexReg 7784." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107631", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220381", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of Title 8, Occupations Code, Chapter 1305, and Title 2, Occupations Code, Chapter 51.", "sourceNote": "Source Note: The provisions of this §73.1 adopted to be effective March 1, 2004, 29 TexReg 1653." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220381", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197112", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Assumed name--A name used by a business as defined in the Business and Commerce Code.(2) Business affiliation--The business organization to which a master licensee may assign his or her license.(3) Career and technology education program--An educational program, defined in §1302.5037(a)(1) of the Act, focused on electrical training and either:(A) offered by a public high school under Subchapter F, Chapter 29, Education Code; or(B) offered by a private high school or institution of higher education and determined by the department to be similar to a program described by subparagraph (A) of this paragraph.(4) Employee--An individual who performs tasks assigned to him by his employer. The employee is subject to the deduction of social security and federal income taxes from his pay. An employee may be full time, part time, or seasonal.(5) Employer--One who employs the services of employees, pays their wages, deducts the required social security and federal income taxes from the employee's pay, and directs and controls the employee's performance.(6) Filed--A document is deemed to have been filed with the department on the date that the document has been received by the department or, if the document has been mailed to the department, the date a postmark is applied to the document by the U.S. Postal Service.(7) General Supervision--Exercise of oversight by a master electrician on behalf of an electrical contractor, or electrical sign contractor, or by a master sign electrician on behalf of an electrical sign contractor of performance by all classes of electrical licensees of electrical work bearing responsibility for the work's compliance with applicable codes under Texas Occupations Code, Chapter 1305.(8) On-Site Supervision--Exercise of supervision of electrical work or electrical sign work by a licensed individual other than an electrical apprentice. Continuous supervision of an electrical apprentice is not required, though the on-site supervising licensee is responsible for review and inspection of the electrical apprentice's work to ensure compliance with any applicable codes or standards.(9) Electrical Contractor--A person, or entity, licensed as an electrical contractor, that is in the business of performing \"Electrical Contracting\" as defined by Texas Occupations Code, §1305.002(5).(10) Master Electrician--An individual, licensed as a master electrician, who on behalf of an electrical contractor, electrical sign contractor, or employing governmental entity, performs \"Electrical Work\" as defined by Texas Occupations Code, §1305.002(11).(11) Journeyman Electrician--An individual, licensed as a journeyman electrician, who works under the general supervision of a master electrician, on behalf of an electrical contractor, or employing governmental entity, while performing \"Electrical Work\" as defined by Texas Occupations Code, §1305.002(11).(12) Electrical Apprentice--An individual, licensed as an apprentice who works under the on-site supervision of a master electrician, journeyman electrician, or residential wireman, on behalf of an electrical contractor or employing governmental entity performing \"Electrical Work\" as defined by Texas Occupations Code, §1305.002(11).(13) Electrical Sign Contractor--A person, or entity, licensed as an electrical sign contractor, that is in the business of performing \"Electrical Sign Contracting\" as defined by Texas Occupations Code, §1305.002(9).(14) Institution of higher education--An \"institution of higher education\" or a \"private or independent institution of higher education,\" as those terms are defined by §61.003, Education Code.(15) Master Sign Electrician--An individual, licensed as a master sign electrician, who, on behalf of an electrical sign contractor, performs \"Electrical Sign Work\" as defined in paragraph (20).(16) Journeyman Sign Electrician--An individual, licensed as a journeyman sign electrician, who works under the general supervision of a master electrician or a master sign electrician, on behalf of an electrical sign contractor, while performing \"Electrical Sign Work\" as defined in paragraph (20).(17) Residential Wireman--An individual, licensed as a residential wireman, who works under the general supervision of a master electrician, on behalf of an electrical contractor, or employing governmental entity, while performing electrical work that is limited to electrical installations in single family and multifamily dwellings not exceeding four stories, as defined by Texas Occupations Code, §1305.002(13).(18) Maintenance Electrician--An individual, licensed as a maintenance electrician, who works under the general supervision of a master electrician, on behalf of an electrical contractor, or employing governmental entity while performing \"Electrical Maintenance Work\" as defined in paragraph (19).(19) Electrical Maintenance Work--The replacement, or repair of existing electrical appurtenances, apparatus, equipment, machinery, or controls used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises. All replacements or repairs must be of the same rating and type as the existing installation. No improvements may be made that are necessary to comply with applicable codes under Texas Occupations Code, Chapter 1305. Electrical maintenance work does not include the installation of any new electrical appurtenances, apparatus, equipment, machinery, or controls beyond the scope of any existing electrical installation.(20) Electrical Sign Work--Any labor or material used in manufacturing, installing, maintaining, extending, connecting or reconnecting an electrical wiring system and its appurtenances, apparatus or equipment used in connection with signs, outline lighting, awnings, signals, light emitting diodes, and the repair of existing outdoor electric discharge lighting, including parking lot pole lighting. This also includes the installation of an electrical service integral to an isolated sign and/or outline lighting installation.(21) Work Involved in the Manufacture of Electrical Equipment--Work involved in the manufacture of electrical equipment includes on and off-site manufacture, commissioning, testing, calibration, coordination, troubleshooting, evaluation, repair or retrofits with components of the same ampacity, maintenance and servicing of electrical equipment within their enclosures performed by authorized employees, or authorized representatives of electrical equipment manufacturers and limited to the type of products they manufacture.(22) Electrical Sign Apprentice--An individual, licensed as an electrical sign apprentice who works under the on-site supervision of a master electrician, a master sign electrician, or a journeyman sign electrician, on behalf of an electrical sign contractor performing \"Electrical Sign Work\" as defined by this chapter.(23) On-the-job Training--Training or experience gained under the supervision of an appropriate licensee, as prescribed by Texas Occupations Code Chapter 1305, while performing electrical work as defined by Texas Occupations Code, §1305.002(11).(24) Residential Appliance Installer--An individual, licensed as a residential appliance installer, who on behalf of a residential appliance installation contractor, performs electrical work that is limited to residential appliance installation including residential pool-related electrical installation and maintenance as defined by Texas Occupations Code, §1305.002(12-b).(25) Residential Appliance Installation Contractor--A person or entity licensed as a residential appliance installation contractor, that is in the business of residential appliance installation including pool-related electrical installation and maintenance as defined by Texas Occupations Code §1305.002(12-d).(26) Residential Appliance--Electrical equipment that performs a specific function, and is installed as a unit in a dwelling by direct connection to an existing electrical circuit, such as water heaters, kitchen appliances, or pool-related electrical device. The term does not include general use equipment such as service equipment, other electrical power production sources, or branch circuit overcurrent protection devices not installed in the listed appliance or listed pool-related electrical device.(27) Offer to perform--To make a written or oral proposal, to contract in writing or orally to perform electrical work or electrical sign work, to advertise in any form through any medium that a person or business entity is an electrical contractor, electrical sign contractor, or residential appliance installation contractor or that implies in any way that a person or business entity is available to contract for or perform electrical work, electrical sign work, or residential appliance installation work.(28) Electro Mechanical Integrity--The condition of an electrical product, electrical system, or electrical equipment installed in accordance with its intended purpose and according to standards at least as strict as the standards provided by the National Electrical Code, the manufacturer's specifications, any listing or labeling on the product, and all other applicable codes or ordinances.(29) Journeyman Lineman--An individual who engages in electrical work involving the maintenance and operation of equipment associated with the transmission and distribution of electricity from the electricity's original source to a substation for further distribution.(30) Journeyman Industrial Electrician--An individual who engages in electrical work exclusively at a business that operates a chemical plant, petrochemical plant, refinery, natural gas plant, natural gas treating plant, pipeline, or oil and gas exploration and production operation.", "sourceNote": "Source Note: The provisions of this §73.10 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective July 13, 2004, 29 TexReg 6637; amended to be effective December 22, 2004, 29 TexReg 11589; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective December 1, 2007, 32 TexReg 8477; amended to be effective March 1, 2008, 33 TexReg 1525; amended to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012; 37 TexReg 1703; amended to be effective January 1, 2014, 38 TexReg 9515; amended to be effective May 1, 2018, 43 TexReg 2398; amended to be effective September 1, 2024, 49 TexReg 6447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.20", "label": "Licensing Requirements--Applicant and Experience Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143751", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a license must submit the required fees with a completed application and the appropriate attachments:(1) Applicants for Master Electrician, Master Sign Electrician, Journeyman Electrician, Journeyman Sign Electrician, Residential Wireman, Journeyman Lineman, Maintenance Electrician and Journeyman Industrial Electrician licenses must submit documentation proving the required amount of on-the-job-training.(2) Applicants for contractor's licenses must submit proof of general liability insurance and either workers' compensation insurance or a certificate of authority to self insure, or a statement that the applicant has elected not to obtain workers' compensation insurance pursuant to Subchapter A, Chapter 406, Labor Code, with the initial and renewal applications.(3) Applicants for contractor's licenses must submit proof of ownership of the business entity and provide documentation of the sponsoring master licensee in a manner prescribed by the department.(4) An applicant for a journeyman lineman license must submit documentation proving the required amount of training in an apprenticeship program or the required amount of experience as a journeyman lineman.(b) An applicant must complete all requirements within one year of the date the application is filed.(c) Each applicant must meet the applicable eligibility requirements as set forth in Texas Occupations Code, §§1305.153 - 1305.1618.", "sourceNote": "Source Note: The provisions of this §73.20 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective December 1, 2007, 32 TexReg 8477; amended to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012, 37 TexReg 1703; amended to be effective January 1, 2014, 38 TexReg 9515; amended to be effective May 1, 2018, 43 TexReg 2398; amended to be effective December 1, 2019, 44 TexReg 7183." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143751", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.21", "label": "Licensing Requirements--Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143752", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To obtain a license by examination issued under this chapter:(1) An individual applicant must submit a completed application, all necessary documentation, and appropriate fees to the Texas Department of Licensing and Regulation for review and determination of examination eligibility.(2) An individual applicant must achieve a passing score on an examination approved by the executive director of the Texas Department of Licensing and Regulation.(b) To obtain a license without examination, an applicant must have been licensed for the preceding year by a municipality or regional licensing authority that has terminated its licensing program and have applied for a state issued license within ninety days of the date the program stopped issuing or renewing licenses.", "sourceNote": "Source Note: The provisions of this §73.21 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective December 1, 2007, 32 TexReg 8477; amended to be effective January 1, 2010, 34 TexReg 9433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143752", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.22", "label": "Licensing Requirements--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143753", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license issued under this chapter is valid for one year from the date of issuance and must be renewed annually.(b) A person shall not perform electrical work requiring a license under Title 8, Texas Occupations Code, Chapter 1305 with an expired license.(c) Falsifying information on an application, obtaining a license by fraud or false representation, or cheating on an examination is grounds for denial, suspension, or revocation of a license and/or an administrative penalty.(d) An electrical contractor, an electrical sign contractor, or a residential appliance installation contractor shall not use a license number that is not assigned to that contractor by the department.(e) A license is not transferable.(f) Altering a license in any way is prohibited and is grounds for a sanction and/or penalty.(g) If a licensee contracts with a general contractor or a home warranty company to provide installation or service that requires a license under the Act, the licensee remains responsible for the integrity of that work.(h) A person using the license of another person or allowing another person to use his license shall be subject to license denial, suspension, or revocation and/or assessment of an administrative penalty.", "sourceNote": "Source Note: The provisions of this §73.22 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective December 1, 2007, 32 TexReg 8477; amended to be effective January 1, 2010, 34 TexReg 9433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143753", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.23", "label": "Licensing Requirements--Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190577", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Non-receipt of a license renewal notice from the department does not exempt a person, or entity, from any requirements of this chapter.(b) A complete request for renewal must be filed on the form approved by the department and includes all required fees by the expiration date to maintain continuous licensure.(c) Applications not filed by the expiration date are considered applications for late renewal and are subject to late renewal fees.(d) Licenses issued from a late renewal application will have an unlicensed period from the expiration date of the previous license to the issuance date of the renewed license. Electrical work that requires a license issued under this chapter shall not be performed during the unlicensed period.", "sourceNote": "Source Note: The provisions of this §73.23 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective January 1, 2010, 34 TexReg 9433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190577", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.24", "label": "Licensing Requirements--Waiver of Examination Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190578", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who is licensed in another state that has entered into a reciprocity agreement with Texas regarding licensure of electricians, sign electricians, journeyman linemen, journeyman industrial electricians, or residential appliance installers may obtain an equivalent license in Texas without passing the examination, provided that all other licensure requirements are met, as defined by Texas Occupations Code, Chapter 1305.(b) The examination requirement is waived if, based upon acceptable proof, the executive director determines that the provisions of §73.21(b) are met.(c) Acceptable proof of an applicant's qualifications must be presented on a form prescribed by the department that:(1) certifies completion of the required hours of on-the-job training under the supervision of a master electrician or master sign electrician as appropriate, or(2) is completed by the municipality or region in which the applicant was licensed for at least one year.", "sourceNote": "Source Note: The provisions of this §73.24 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective December 1, 2007, 32 TexReg 8477; amended to be effective January 1, 2010, 34 TexReg 9433; amended to be effective January 1, 2014, 38 TexReg 9515; amended to be effective May 1, 2018, 43 TexReg 2398." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190578", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220382", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.(b) For each renewal, an electrical apprentice, electrical sign apprentice, journeyman electrician, master electrician, journeyman sign electrician, master sign electrician, residential wireman, journeyman lineman, maintenance electrician, or journeyman industrial electrician must complete four hours of continuing education in:(1) the National Electrical Code, as adopted under Title 8, Occupations Code §1305.101, or the current version of the National Electrical Code, as approved by the National Fire Protection Association (NFPA);(2) state law and rules that regulate the conduct of licensees; and(3) safety as defined in the National Fire Protection Association (NFPA) 70E.(c) In lieu of taking four hours of continuing education as required in §73.25(b), an electrical apprentice or electrical sign apprentice may enroll in a department-registered apprenticeship training program.(d) In the case of timely renewal, the continuing education hours must have been completed, or enrollment must have occurred in a department-registered apprenticeship training program, within the term of the current license. For a late renewal, the continuing education hours must have been completed, or enrollment must have occurred in a department-registered apprenticeship training program, within one year prior to the date of renewal.(e) A licensee may not receive continuing education credit for attending the same course more than once.(f) A licensee shall retain a copy of the certificate of completion for a course for one year after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.(g) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in:(1) the National Electrical Code, as adopted under Title 8, Occupations Code §1305.101, or the current version of the National Electrical Code, as approved by the National Fire Protection Association (NFPA);(2) state law and rules that regulate the conduct of licensees; and(3) safety as defined in the National Fire Protection Association (NFPA) 70E.(h) To register an apprenticeship training program with the department, a program must:(1) file a completed application in a form approved by the department;(2) provide proof to the department that the program is:(A) recognized by the Texas Workforce Commission or the Texas Higher Education Coordinating Board;(B) registered with the United States Department of Labor; or(C) a competency-based standardized craft-training program that meets the training program standards of the United States Department of Labor Office of Apprenticeship; and(3) pay the required application fee shown in §73.80.(i) A department-registered apprentice training program must maintain the following documents for 24 months after a participant is no longer enrolled in the program:(1) participant's program application;(2) proof of participant's program completion;(3) participant's leave of absence, resignation or termination; and(4) other documentation effecting participant's enrollment.(j) A department-registered apprentice training program must submit to the department proof of a participant's change in enrollment status within two days of the change. The proof must be in a form approved by the department.(k) A department-registered apprentice training program must comply with the requirements of the Act and this chapter and must maintain the requirement of subsection (h)(2).(l) A department-registered apprentice training program must annually notify the department, in a form approved by the department, of its intention to continue as a registered program.(m) A department-registered apprentice training program must immediately notify the department if it ceases to be registered. The notice must be in a form approved by the department.(n) The provisions listed in subsections (b), (c), and (d) are effective for electrical sign apprentice licenses that expire on or after September 1, 2012, and all other licenses, that expire on or after September 1, 2010.", "sourceNote": "Source Note: The provisions of this §73.25 adopted to be effective November 24, 2004, 29 TexReg 10768; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective December 1, 2007, 32 TexReg 8477; amended to be effective July 1, 2010, 35 TexReg 5526; amended to be effective March 15, 2012, 37 TexReg 1703; amended to be effective January 1, 2014, 38 TexReg 9515; amended to be effective May 1, 2018, 43 TexReg 2398." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220382", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.26", "label": "Documentation of Required On-The-Job Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121484", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a license which requires on-the-job training under Occupations Code Chapter 1305 may verify that he or she has completed on-the-job training by submitting the department's experience verification form with the license application.(b) When an applicant or the department requests verification of on-the-job training of an applicant from a licensee who is authorized by Occupations Code Chapter 1305 to verify on-the-job training, the licensee must provide the verification within 30 calendar days of the request. The licensee must verify only on-the-job training within the licensee's knowledge. The licensee must verify the dates of on-the-job training, describe the work performed by the applicant, specify the name of the business under which the applicant's work was performed, and provide any other information required on the department's form.(c) An applicant for a journeyman lineman license must verify that he or she has completed the apprenticeship required by Occupations Code Chapter 1305 by submitting verification in a form acceptable to the department.(d) An applicant for a residential wireman license who has completed a career and technology education program must verify completion by submitting verification in a form acceptable to the department.", "sourceNote": "Source Note: The provisions of this §73.26 adopted to be effective December 1, 2004, 29 TexReg 11029; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012, 37 TexReg 1703; amended to be effective January 1, 2014, 38 TexReg 9515; amended to be effective January 15, 2018, 43 TexReg 79; amended to be effective September 1, 2024, 49 TexReg 6447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121484", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.27", "label": "Licensing Requirements--Temporary Apprentices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165448", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a license as an electrical apprentice or an electrical sign apprentice will be issued a temporary apprentice license, if the applicant:(1) has not been convicted of a criminal offense; and,(2) pays the required fee.(b) A temporary license is valid for 21 days and may not be renewed.", "sourceNote": "Source Note: The provisions of this §73.27 adopted to be effective October 20, 2005, 30 TexReg 6730." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165448", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.28", "label": "Licensing Requirements--Emergency Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107638", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director may grant emergency electrician licenses when:(1) in response to an emergency as defined by Gov. Code, §418.004, a state of disaster is declared by;(A) the Governor pursuant to Gov. Code, §418.014; or,(B) the presiding officer of the governing body of a local governmental entity pursuant to Gov. Code, §418.108, and,(2) the executive director determines that a sufficient number of persons holding electrical licenses recognized under Texas Occupations Code, Chapter 1305 is not available to perform electrical work needed to timely respond to the disaster.(b) To obtain an emergency license, an applicant must:(1) be currently licensed by another state of the United States to perform electrical work in the licensing state; and,(2) submit a completed application on a form acceptable to the department, along with appropriate attachments and the required fee.(c) Emergency licenses will be classified as master, master sign, journeyman, journeyman sign, residential wireman, journeyman lineman, or maintenance electrician and will be issued to applicants at a level equivalent to the license the applicant holds in another state.(d) An emergency license will expire ninety days after issuance, and:(1) is valid only in the disaster area designated by the governor, or in the jurisdiction of a local governmental entity declaring a disaster;(2) is valid only during the time of a declared disaster and its declared recovery period, if any; and(3) may be renewed for an additional ninety days if:(A) the declared disaster and any applicable recovery period continue on the eightieth day of the emergency license;(B) the executive director determines, at that time, that a sufficient number of persons holding electrical licenses recognized under Texas Occupations Code, Chapter 1305 is not available to perform electrical work needed to timely respond to the disaster; and,(C) submits a completed renewal application on a form acceptable to the department, along with appropriate attachments and the required fee.(e) A person holding an emergency license must perform electrical work:(1) on behalf of an electrical contractor, an electrical sign contractor, or an employing governmental entity; and,(2) in compliance with all applicable statutes, administrative rules, and ordinances.(f) The fee for emergency licenses will be the amount set out in §73.80 for the class of emergency license issued.", "sourceNote": "Source Note: The provisions of this §73.28 adopted to be effective October 20, 2005, 30 TexReg 6730; amended to be effective January 1, 2010, 34 TexReg 9433; amended to be effective January 1, 2014, 38 TexReg 9515." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "107638", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143757", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter does not apply to electrical work as provided in the Occupations Code, §1305.003.", "sourceNote": "Source Note: The provisions of this §73.30 adopted to be effective March 1, 2004, 29 TexReg 1653." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143757", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.40", "label": "Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173187", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Electrical contractors, electrical sign contractors, and residential appliance installation contractors are required to maintain at least the minimum general liability insurance coverages at all times to satisfy proof of financial responsibility.(1) The insurance must be at least $300,000 per occurrence (combined for property damage and bodily injury);(2) be at least $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and(3) be at least $300,000 aggregate for products and completed operations.(b) A license applicant or licensee shall file with the department a completed certificate of insurance or other evidence satisfactory to the department when applying for initial and renewal licenses and upon request of the department.(c) Proof of the required general liability and workers' compensation insurance can be submitted on an industry standard certificate of insurance form with a 30-day cancellation notice. Workers' compensation coverage may be established by a certificate of authority to self-insure, or an applicant may state that it has elected not to obtain workers' compensation coverage.(d) A licensed contractor shall furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contractor is insured to any customer who requests it.(e) Insurance must be obtained from an admitted company or an eligible surplus lines carrier, as defined in the Texas Insurance Code, Chapter 981, or other insurance companies that are rated by A.M. Best Company as B+ or higher.", "sourceNote": "Source Note: The provisions of this §73.40 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective December 1, 2007, 32 TexReg 8477; amended to be effective January 1, 2010, 34 TexReg 9433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173187", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.51", "label": "Electrical Contractors' Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173188", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An electrical contractor shall:(1) notify the department when a new master electrician of record is assigned to the contractor and notify the department within thirty business days from the date that the master electrician's employment with the contractor ended;(2) maintain employee records and records of all work performed on its behalf for a period of four years after completion of the work, and shall make those records available to the department at the contractor's place of business during normal business hours for inspection and copying. If the contractor's principal place of business is located out of the state of Texas, the department may require the contractor to make records available to the department at its offices in Austin, Texas or another location agreed upon by the department and the contractor.(b) A person or contractor that performs or offers to perform electrical work shall:(1) provide safe and proper installation and service, and assure the electro-mechanical integrity of all work and installations are to applicable code;(2) not misrepresent the need for services, services to be provided, or services that have been provided;(3) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or an entity to contract for services; and(4) ensure that all of an electrical contractor's electrical work shall be performed by licensed individuals.(c) The design of an electrical system shall only be done by a licensed master electrician or design professional as authorized by statute. The design shall not be subcontracted to an unlicensed person, firm or corporation.(d) A licensed electrical contractor shall display its name and license number on both sides of each vehicle owned or operated by the business and used in the conduct of electrical work. Lettering shall be of a contrasting color and at least two inches in height. The license number shall be preceded by the letters \"TECL\".(e) All advertising by electrical contracting companies designed to solicit electrical business shall include the electrical contractor's name and license number. This includes business cards. The following advertising does not require the license number:(1) nationally placed television advertising, in which a statement indicating that license numbers are available upon request is used in lieu of the electrical contractor license number;(2) telephone book listings that contain only the name, address, and telephone number;(3) manufacturers' and distributor's telephone book trade ads identifying an electrical contractor;(4) telephone solicitations, provided the solicitor states that the contractor complies with licensing requirements of the state. The electrical contractor's number must be provided upon request;(5) promotional items of nominal value such as ball caps, tee shirts, and other gifts; or(6) signs located on the contractor's permanent business location.(f) The electrical contractor's name, address, phone number, and license number shall appear on all proposals, invoices, and written contracts from the contractor. The following information: \"Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov\" shall be listed on all proposals, invoices, and written contracts.(g) A licensed electrical contractor and its designated master electrician of record is responsible for supervision of all licensees performing work on behalf of the contractor to assure compliance with applicable statutes and rules and in particular, standards of conduct set out in this chapter.(h) An electrical contractor shall not use a license that is not assigned to that contractor.", "sourceNote": "Source Note: The provisions of this §73.51 adopted to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012, 37 TexReg 1703; amended to be effective September 1, 2015, 40 TexReg 5147." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173188", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.52", "label": "Electrical Sign Contractors' Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165449", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Electrical Sign Contractor shall:(1) notify the department when a new master electrician or master sign electrician of record is assigned to the contractor and notify the department within thirty business days from the date that the master electrician's employment with the contractor ended;(2) maintain employee records and records of all work performed on its behalf for a period of four years after completion of the work, and shall make those records available to the department at the contractor's place of business during normal business hours for inspection and copying. If the contractor's principal place of business is located out of the state of Texas, the department may require the contractor to make records available to the department at its offices in Austin, Texas or another location agreed upon by the department and the contractor.(b) A person or contractor that performs or offers to perform electrical sign contracting shall:(1) provide safe and proper installation and service, and assure the electro-mechanical integrity of all work and installations are to code;(2) not misrepresent the need for services, services to be provided, or services that have been provided;(3) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or an entity to contract for services; and(4) ensure that all of an electrical sign contractor's non-exempt electrical work shall be performed by licensed individuals.(c) The design of an electrical sign shall only be done by a licensed master electrician, master sign electrician, or design professional as authorized by statute. The design shall not be subcontracted to an unlicensed person, firm or corporation.(d) A licensed electrical sign contractor shall display its name and license number on both sides of each vehicle owned or operated by the business and used in the conduct of electrical work. Lettering shall be of a contrasting color and at least two inches in height. The license number shall be preceded by the letters \"TSCL\".(e) All advertising by electrical sign contracting companies designed to solicit electrical business shall include the electrical sign contractor's name and license number. This includes business cards. The following advertising does not require the license number:(1) nationally placed television advertising, in which a statement indicating that license numbers are available upon request is used in lieu of the electrical sign contractor license number;(2) telephone book listings that contain only the name, address, and telephone number;(3) manufacturers' and distributor's telephone book trade ads identifying an electrical contractor;(4) telephone solicitations, provided the solicitor states that the contractor complies with licensing requirements of the state. The electrical sign contractor's number must be provided upon request;(5) promotional items of nominal value such as ball caps, tee shirts, and other gifts; and(6) signs located on the contractor's permanent business location.(f) The electrical sign contractor's name, address, phone number, and license number shall appear on all proposals, invoices, and written contracts from the contractor. The following information: \"Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov\" shall be listed on all proposals, invoices, and written contracts.(g) A licensed electrical sign contractor and its designated master electrician or master sign electrician of record is responsible for supervision of all licensees performing work on behalf of the contractor to assure compliance with applicable statutes and rules and in particular, standards of conduct set out in this chapter.(h) An electrical sign contractor shall not use a license that is not assigned to that contractor.", "sourceNote": "Source Note: The provisions of this §73.52 adopted to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012, 37 TexReg 1703; amended to be effective September 1, 2015, 40 TexReg 5147." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165449", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.53", "label": "Responsibilities of All Persons Performing Electrical Work" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173189", "queryAsDate": "03/11/2026" }, "ruleBody": "All persons must perform non-exempt electrical work, non-exempt electrical sign work, non-exempt journeyman lineman work, or non-exempt residential appliance installation work in compliance with applicable codes and ordinances. The department will interpret applicable codes and ordinances for purposes of enforcement of the Act.", "sourceNote": "Source Note: The provisions of this §73.53 adopted to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012, 37 TexReg 1703; amended to be effective January 1, 2014, 38 TexReg 9515." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173189", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.54", "label": "Residential Appliance Installation Contractors' Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155535", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A residential appliance installation contractor shall:(1) notify the department when a new residential appliance installer of record is assigned to the contractor and notify the department within thirty business days from the date that the residential appliance installer's employment with the contractor ended;(2) maintain employee records of all work performed on its behalf for a period of four years after completion of the work, and shall make those records available to the department at the contractor's place of business during normal business hours for inspection and copying. If the contractor's principal place of business is located out of the state of Texas, the department may require the contractor to make records available to the department at its offices in Austin, Texas or another location agreed upon by the department and the contractor.(b) A person or contractor that performs or offers to perform residential appliance installation work shall:(1) provide safe and proper installation and service, and assure the electro-mechanical integrity of all work and installations are to code;(2) not misrepresent the need for services, services to be provided, or services that have been provided;(3) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or an entity to contract for services; and(4) ensure that all of a residential appliance installation contractor's non-exempt residential appliance installation work shall be performed by licensed individuals.(c) A licensed residential appliance installation contractor shall display its name and license number on both sides of each vehicle owned or operated by the business and used in the conduct of residential appliance installation work. Lettering shall be of a contrasting color and at least two inches in height. The license number shall be preceded by the letters \"TICL\".(d) All advertising by residential appliance installation contracting companies designed to solicit residential appliance installation business shall include the residential appliance installation contractor's name and license number. This includes business cards. The following advertising does not require the license number:(1) nationally placed television advertising, in which a statement indicating that license numbers are available upon request is used in lieu of the residential appliance installation contractor license number;(2) telephone book listings that contain only the name, address, and telephone number;(3) manufacturers' and distributor's telephone book trade ads identifying a residential appliance installation contractor;(4) telephone solicitations, provided the solicitor states that the contractor complies with licensing requirements of the state. The residential appliance installation contractor's number must be provided upon request;(5) promotional items of nominal value such as ball caps, tee shirts, and other gifts; and(6) signs located on the contractor's permanent business location.(e) The residential appliance installation contractor's name, address, phone number, and license number shall appear on all proposals, invoices, and written contracts from the contractor. The following information: \"Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov\" or \"Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov. TDLR regulation limited to electrical work only.\" shall be listed on all proposals, invoices, and written contracts.(f) A licensed residential appliance installation contractor and its designated residential appliance installer of record is responsible for supervision of all licensees performing work on behalf of the contractor to assure compliance with applicable statutes and rules and in particular, standards of conduct set out in this chapter.(g) A residential appliance installation contractor shall not use a license that is not assigned to that contractor.", "sourceNote": "Source Note: The provisions of this §73.54 adopted to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012, 37 TexReg 1703; amended to be effective September 1, 2015, 40 TexReg 5147." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155535", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.60", "label": "Standards of Conduct for Engaging in Electrical Work" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155537", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Competency. The licensee shall be knowledgeable of and adhere to the Act, the rules, applicable codes, and all procedures established by the department for licensees. It is the obligation of the licensee to exercise reasonable judgment and skill in the performance of all duties and work performed as a licensee.(b) Integrity. A licensee shall be honest and trustworthy in the performance of all duties and work performed as a licensee, and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission. Acts or practices that constitute threats, coercion, or extortion are prohibited.(c) Interest. The primary interest of the licensee is to ensure compliance with the Act, the rules, and all applicable codes. The licensee's position, in this respect, should be clear to all parties concerned while in the performance of all duties and work performed as a licensee.(d) Specific Rules of Conduct. A licensee shall not:(1) participate, whether alone or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act, the rules, or the standards adopted by the commission;(2) furnish inaccurate, deceitful, or misleading information to the department, a consumer, or other person while engaged in the business of electrical contracting, electrical sign contracting, or residential appliance installation contracting, or performing, or offering to perform non-exempt electrical work; or(3) engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a licensee.", "sourceNote": "Source Note: The provisions of this §73.60 adopted to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012, 37 TexReg 1703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155537", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.70", "label": "Responsibility of Licensee--Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198115", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual licensee must provide all electrical work requiring a license through a licensed contractor, or employing governmental entity.(b) The licensee shall accurately and truthfully represent to any prospective client or employer, the licensee's capabilities and qualifications to perform the services to be rendered.(c) The licensee shall not offer to perform, nor perform, technical services for which the licensee is not qualified by education or experience, without securing the services of another who is qualified.(d) The licensee shall not evade responsibility to a client or employer.(e) The licensee shall not agree to perform services if any significant financial or other interest exists that may be in conflict with:(1) the obligation to render a faithful discharge of such services; or(2) the service would impair independent judgment in rendering such services.(f) The licensee should withdraw from employment when it becomes apparent that it is not possible to faithfully discharge the duty and performance of services owed the client or employer, but then only upon reasonable notice to the client or employer.(g) The licensed contractor shall not engage in advertising that is false, misleading, deceptive, or which does not clearly display the licensee's state license number.(h) The licensee shall not misrepresent the amount or extent of prior education or experience to any employer or client, or to the department.(i) The licensee shall not hold out as being engaged in partnership or association with any person unless a partnership or association exists in fact.(j) Licensees must abide by all laws and rules regulating electricians, including the Standards of Conduct set forth in this section, within any geographic location in this state when performing or offering to perform electrical work.", "sourceNote": "Source Note: The provisions of this §73.70 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective January 1, 2010, 34 TexReg 9433; amended to be effective March 15, 2012, 37 TexReg 1703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198115", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.71", "label": "Restricted Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220383", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person issued a restricted license in accordance with Texas Occupations Code, Chapter 51, Subchapter G, shall comply with any condition imposed by the commission or executive director.(b) A licensee shall use reasonable care to ensure that the holder of a restricted license subject to the licensee's supervision complies with any condition imposed by the commission or executive director.(c) Before performing any work, the holder of a restricted license must inform his or her employer of the conditions placed on the license.", "sourceNote": "Source Note: The provisions of this §73.71 adopted to be effective February 1, 2020, 45 TexReg 537." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220383", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143766", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application fees:(1) Master Electrician--$45(2) Master Sign Electrician--$45(3) Journeyman Electrician--$30(4) Journeyman Sign Electrician--$30(5) Journeyman Lineman Electrician--$30(6) Residential Wireman--$20(7) Maintenance Electrician--$20(8) Electrical Contractor--$110(9) Electrical Sign Contractor--$110(10) Electrical Apprentice--$20(11) Electrical Sign Apprentice--$20(12) Residential Appliance Installer--$30(13) Residential Appliance Installation Contractor--$110(14) Apprentice Training Program Registration--$95(15) Journeyman Industrial Electrician--$30(b) Renewal fees:(1) Master Electrician--$50 for licenses expiring before February 1, 2014; $45 for licenses expiring on or after February 1, 2014(2) Master Sign Electrician--$50 for licenses expiring before February 1, 2014; $45 for licenses expiring on or after February 1, 2014(3) Journeyman Electrician--$35 for licenses expiring before February 1, 2014; $30 for licenses expiring on or after February 1, 2014(4) Journeyman Sign Electrician--$35 for licenses expiring before February 1, 2014; $30 for licenses expiring on or after February 1, 2014(5) Journeyman Lineman Electrician--$30(6) Residential Wireman--$25 for licenses expiring before February 1, 2014; $20 for licenses expiring on or after February 1, 2014(7) Maintenance Electrician--$25 for licenses expiring before February 1, 2014; $20 for licenses expiring on or after February 1, 2014(8) Electrical Contractor--$115 for licenses expiring before February 1, 2014; $110 for licenses expiring on or after February 1, 2014(9) Electrical Sign Contractor--$115 for licenses expiring before February 1, 2014; $110 for licenses expiring on or after February 1, 2014(10) Electrical Apprentice--$20(11) Electrical Sign Apprentice--$20(12) Residential Appliance Installer--$40 for licenses expiring before February 1, 2014; $30 for licenses expiring on or after February 1, 2014(13) Residential Appliance Installation Contractor--$115 for licenses expiring before February 1, 2014; $110 for licenses expiring on or after February 1, 2014.(14) Journeyman Industrial Electrician--$30(c) Late Renewal Fees. Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(d) Revised/Duplicate License/Certificate/Permit/Registration fees:(1) All licenses except as set out below--$25(2) Electrical Apprentice--$20(3) Electrical Sign Apprentice--$20(4) Residential Wireman--$20(5) Maintenance Electrician--$20(e) All fees are non-refundable.(f) The fee for a determination under §73.111 is $90.(g) The department will waive the license renewal fee for a master electrician, journeyman electrician, or residential wireman who provides proof, in a manner prescribed by the department, of having served as an instructor of a course within a career and technology education program for at least one academic semester.", "sourceNote": "Source Note: The provisions of this §73.80 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective March 1, 2005, 30 TexReg 1074; amended to be effective October 20, 2005, 30 TexReg 6730; amended to be effective December 1, 2007, 32 TexReg 8477; amended to be effective May 15, 2008, 33 TexReg 3740; amended to be effective November 1, 2008, 33 TexReg 8788; amended to be effective January 1, 2010, 34 TexReg 9433; amended to be effective July 1, 2010, 35 TexReg 5526; amended to be effective March 15, 2012, 37 TexReg 1703; amended to be effective January 1, 2014, 38 TexReg 9516; amended to be effective May 1, 2018, 43 TexReg 2398; amended to be effective September 1, 2024, 49 TexReg6447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143766", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.90", "label": "Sanctions--Administrative Sanctions/Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143767", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Title 8, Texas Occupations Code, Chapter 1305, any provision of Title 16, Texas Administrative Code, Chapter 73, or any provision of an order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both administrative penalties and sanctions in accordance with the provisions of Title 8, Texas Occupations Code, Chapters 51 and 1305.", "sourceNote": "Source Note: The provisions of this §73.90 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective December 1, 2007, 32 TexReg 8477; amended to be effective January 1, 2010, 34 TexReg 9433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143767", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.91", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214932", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1305 and any associated rules may be used to enforce Texas Occupations Code, Chapter 1305 and this chapter.", "sourceNote": "Source Note: The provisions of this §73.91 adopted to be effective January 1, 2010, 34 TexReg 9433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214932", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.100", "label": "Technical Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225835", "queryAsDate": "03/11/2026" }, "ruleBody": "Effective September 1, 2023, the department adopts the 2023 National Electrical Code as approved by the National Fire Protection Association, Inc. on August 12, 2022.", "sourceNote": "Source Note: The provisions of this §73.100 adopted to be effective March 1, 2004, 29 TexReg 1653; amended to be effective July 3, 2005, 30 TexReg 3727; amended to be effective March 1, 2008, 33 TexReg 1525; amended to be effective September 1, 2011, 36 TexReg 5361; amended to be effective January 1, 2014, 38 TexReg 9515; amended to be effective September 15, 2017, 42 TexReg 4618; amended to be effective October 1, 2020, 45 TexReg 5170; amended to be effective November 17, 2021, 46 TexReg 7781; amended to be effective December 31, 2022, 47 TexReg 7680; amended to be effective August 31, 2023, 48 TexReg 4654." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225835", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.110", "label": "Career and Technology Education Program Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220385", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Texas Occupations Code Section §1305.157 provides a pathway to the residential wireman license for persons who complete a career and technology education program. Pursuant to §1305.1575, the department is required to:(1) establish standards for the essential knowledge and skills of career and technology education programs offered in Texas public high schools; and(2) determine on a case-by-case basis whether educational programs offered by private high schools and institutions of higher education are similar to career and technology education programs offered in Texas public high schools.(b) A career and technology education program must be designed to ensure that students obtain the essential knowledge and skills set out in the following cross-referenced rules of the Texas Education Agency. The minimum number of academic semesters required for each course is also noted. Students enrolled in courses identified in paragraphs (2) and (3) below must be provided hands-on practical instruction, including interactive lab work, for at least 80 percent of total classroom time. A career and technology education program may not allow students to obtain credit by examination.(1) Principles of Construction; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.43; one credit.(2) Electrical Technology I; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.57; one credit.(3) Electrical Technology II; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.58; two credits.(4) Practicum in Construction Technology and Extended Practicum in Construction Technology; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §§130.64 and 130.69; three total credits.(A) At least 80 percent of a student's time in a practicum must be spent outside of the classroom and working under the supervision of a department-licensed master electrician, on behalf of a department-licensed electrical contractor.(B) A high school or institution of higher education offering a career and technology education program under this section must implement procedures allowing a student to earn course credit for work performed outside of the classroom under the supervision of a department-licensed master electrician and on behalf of a department-licensed electrical contractor.(c) A career and technology education program will not be recognized by the department unless it is instructed by a department-licensed master electrician, journeyman electrician, or residential wireman.(d) A career and technology education program offered by an institution of higher education may not be more stringent than a program offered by a public high school.(e) The department will recognize an educational program offered by a private high school or institution of higher education as a \"career and technology education program\" if the department determines that the educational program substantially complies with the requirements of this section.(f) Hours spent completing a program described by this section may not be credited toward any on-the-job training required to apply for another type of license under this chapter.", "sourceNote": "Source Note: The provisions of this §73.110 adopted to be\r\neffective September 1, 2024, 49 TexReg 6447; amended to be effective\r\nAugust 15, 2025, 50 TexReg 5202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220385", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "73", "label": "ELECTRICIANS" }, "rule": { "number": "§73.111", "label": "Compliance with Career and Technology Education Program Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164228", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A private high school or institution of higher education that implements an educational program under §73.110 must request a determination whether the program substantially complies with that section's requirements by:(1) submitting the request in a manner prescribed by the department;(2) providing copies of course materials requested by the department;(3) providing the names and license numbers of all master electricians, journeyman electricians, or residential wiremen who will be supervising or instructing students; and(4) paying the applicable fee.(b) After receiving a positive determination under subsection (a), a private high school or institution of higher education must inform the department, in a manner prescribed by the department, of any substantial change to the program.(c) Upon a finding that an educational program does not substantially comply with §73.110, the department may rescind its determination.(d) A determination or decision under this section is not a contested case under Texas Government Code, Chapter 2001, and may not be appealed.", "sourceNote": "Source Note: The provisions of this §73.111 adopted to be effective September 1, 2024, 49 TexReg 6447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164228", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176319", "queryAsDate": "03/11/2026" }, "ruleBody": "The sections in this chapter are promulgated under the authority of the Texas Health and Safety Code, Chapter 754 and Texas Occupations Code, Chapter 51.", "sourceNote": "Source Note: The provisions of this §74.1 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176319", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164230", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) The Act--Texas Health and Safety Code, Chapter 754, Elevators, Escalators, and Related Equipment.(2) Acceptance Inspection--An inspection performed at the completion of the initial installation or alteration of equipment and in accordance with the applicable ASME Code A17.1.(3) Accident--An event involving equipment that results in death or serious bodily injury to a person.(4) Alteration--A change in existing equipment. The term does not include testing, maintenance, repair, replacement, or a cosmetic change that does not affect the operational safety of the equipment or diminish the safety of the equipment below the level required by the ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21, as applicable, at the time of alteration.(5) Annual Inspection--An inspection of equipment performed in a 12-month period in accordance with the applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21. The term includes an acceptance inspection performed within that period.(6) ASCE--American Society of Civil Engineers.(7) ASCE Code 21--The ASCE Code 21, \"Automated People Mover Standards\" as adopted in §74.100.(8) ASME--American Society of Mechanical Engineers.(9) ASME Code A17.1--The ASME Code A17.1/CSA B 44-07 - \"Safety Code for Elevators and Escalators\" as adopted in §74.100.(10) ASME A17.2--The latest published edition of ASME A17.2, \"The Guide for Inspection of Elevators, Escalators, and Moving Walks.\"(11) ASME Code A17.3--The ASME Code A17.3-2002, \"Safety Code for Existing Elevators and Escalators\" as adopted in §74.100.(12) ASME Code A18.1--The ASME Code 18.1, \"Safety Standards for Platforms Lifts and Stairway Chairlifts\" as adopted in §74.100.(13) ASME QEI-1--The ASME QEI-1 \"Standard for the Qualification of Elevator Inspectors.\"(14) Automated People Mover (APM)--A guided transit mode operated by cables, with fully automated operation, featuring vehicles that operate on guideways with exclusive right of way.(15) Board--The elevator advisory board.(16) Certificate of Compliance--A certificate issued by the department indicating that the equipment has been inspected by a registered inspector and found to be in compliance with this chapter, except for any delays or waivers granted by the executive director and stated in the certificate.(17) Certifying Organization--An independent organization that is competent and widely recognized to certify elevator inspectors and that has been accredited by an organization that is nationally recognized and is approved or recognized by the department as competent to certify elevator inspectors.(18) Commission--The Texas Commission of Licensing and Regulation.(19) Contractor--A person, partnership, company, corporation, or other entity engaging in the installation, alteration, repair, testing, or maintenance of equipment. The term does not include an employee of a contractor engaged in cleaning or any other work performed on equipment that does not affect the operational safety of the equipment or diminish the safety of the equipment below the level required by the ASME Code A17.1, ASME Code A18.1, or ASCE Code 21, as applicable.(20) Delay--Postponement of compliance with a requirement of the applicable ASME Safety Codes or ASCE Standard as adopted in §74.100, for a specific period of time.(21) Department--The Texas Department of Licensing and Regulation.(22) Equipment--An elevator, escalator, chairlift, platform lift, automated people mover operated by cables, or moving sidewalk, or related equipment.(23) Executive Director--The executive director of the department.(24) Existing Equipment--Equipment installed or altered before September 1, 1993.(25) Industrial Facility--A facility to which access is primarily limited to employees or contractors working in that facility.(26) Inspection Report--A department-approved form used by the inspector to report the inspection results of one unit of equipment.(27) Inspector--A person engaged in the inspection and witnessing of the tests specified in the adopted standards of ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21, as applicable, to determine compliance with those standards. The term also includes references to registered inspector and registered elevator inspector.(28) New Equipment--Equipment installed or altered on or after September 1, 1993.(29) Installation Placed Out of Service--Equipment rendered inoperative in accordance with ASME Code A17.1.(30) Owner--A person, company, corporation, authority, commission, board, governmental entity, institution, or any other entity that holds title to a building or facility in which equipment regulated by the Act is located. For purposes under this chapter and the Act, an owner may designate an agent. The term \"owner\" when used in the chapter shall be construed to include the owner's agent.(31) Owner's Agent--The person, company, corporation, authority, commission, board, governmental entity, institution, or any other entity that has been authorized by the owner to act on the behalf of the owner as relates to a building or facility in which equipment regulated by the Act is located.(32) Proof of Inspection--A document provided to the owner by the registered inspector after the completion of an acceptance inspection of new equipment to inform the public that the equipment has been inspected.(33) Proof of Inspection Sticker--An adhesive label placed by the registered inspector on the Proof of Inspection or the certificate of compliance indicating the inspection has been performed.(34) Publicly Visible Area of Building--A location within the building where regulated equipment is located that is visible to the public in an elevator car or a common area lobby or hallway and accessible to the public at all times when any regulated equipment is in operation, without the need for the viewer to obtain assistance or permission from building personnel.(35) Qualified Historic Building or Facility--A building or facility that is:(A) listed in or eligible for listing in the National Register of Historic Places; or(B) designated as a Recorded Texas Historic Landmark or State Archeological Landmark.(36) Related Equipment--The term means:(A) automatic equipment that is used to move a person in a manner that is similar to that of an elevator, an escalator, a chairlift, a platform lift, an automated people mover, or a moving sidewalk; and(B) hoistways, pits, and machine rooms for equipment.(37) Installation Removed from Service--Equipment rendered inoperative in accordance with standards adopted in §74.105.(38) Reportable Condition--A condition affecting the safety operation of the equipment and requires that the equipment be rendered inoperative to prevent injury to passengers, operators, or the general public.(39) Responsible Party--The person or persons meeting the experience requirements of the Act and designated by the contractor to attend continuing education in compliance with this chapter.(40) Serious Bodily Injury--A major impairment to bodily function or serious dysfunction of any bodily organ or part requiring medical attention.(41) Unit of Equipment--One elevator, escalator, chairlift, platform lift, automated people mover operated by cables, or moving sidewalk, or related equipment.(42) Variance, New Technology (\"new technology variance\")--Deferral of compliance with a requirement of the applicable ASME/ASCE Safety Codes to allow the installation of new technology if the new component, system, sub-system, function or device is found to be equivalent or superior to the standards adopted in §74.100. A new technology variance, once granted, may be applied to all like equipment installed in the state and a separate variance is not required for each installation. A variance applies to only one component, system, sub-system, function, or device. For example, one seeking a variance for a door system, a control system, and a suspension system would be required to file three separate variance applications.(43) Waiver--Deferral of compliance with a requirement of the applicable ASME Safety Codes for an indefinite period of time.", "sourceNote": "Source Note: The provisions of this §74.10 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949; amended to be effective February 15, 2016, 41 TexReg 962." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164230", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.20", "label": "Inspector Registration Requirements--Initial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164231", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not act as an inspector or engage in any activities that require registration as an inspector in this state unless the person is registered with the department.(b) An applicant registering with the department as an inspector must:(1) submit a completed application on a department-approved form;(2) pay the fee required by §74.80; and(3) submit a copy of both sides of a valid elevator inspector certification issued by a certifying organization within 12 months preceding the date of the application.(c) An applicant must complete an orientation session provided by the department before the registration is issued.", "sourceNote": "Source Note: The provisions of this §74.20 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164231", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.21", "label": "Inspector Registration Requirements--Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164232", "queryAsDate": "03/11/2026" }, "ruleBody": "To renew an inspector registration, an inspector must:(1) submit a completed application on a department-approved form;(2) pay the fee required by §74.80;(3) submit a copy of both sides of a valid elevator inspector certification issued by a certifying organization within 12 months preceding the date of the renewal;(4) comply with the continuing education requirements of the certifying organization; and(5) complete any other mandatory training required by the executive director.", "sourceNote": "Source Note: The provisions of this §74.21 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164232", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.22", "label": "Contractor Registration Requirements--Initial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164233", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not act as a contractor or engage in any activities that require registration as a contractor in this state unless the person is registered with the department.(b) A person registering with the department as a contractor must:(1) submit a completed application on a department-approved form;(2) submit proof of:(A) general liability insurance as required in §74.40; or(B) self-insurance by a qualifying institution of higher education;(3) pay the fee required by §74.80; and(4) designate at least one responsible party who meets the requirements of §74.24.", "sourceNote": "Source Note: The provisions of this §74.22 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164233", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.23", "label": "Contractor Registration Requirements--Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164234", "queryAsDate": "03/11/2026" }, "ruleBody": "To renew a contractor registration, a contractor must:(1) submit a completed application on a department-approved form;(2) pay the fee required by §74.80;(3) provide proof of:(A) general liability insurance as required in §74.40; or(B) self-insurance by a qualifying institution of higher education; and(4) designate at least one responsible party who meets the requirements of §74.24 and §74.25.", "sourceNote": "Source Note: The provisions of this §74.23 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164234", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.24", "label": "Responsible Party Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157060", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A responsible party designated under this chapter must:(1) have a minimum of three years of experience;(2) the experience noted in paragraph (1) shall consist of constructing, installing, repairing, maintaining, or testing of equipment as verified in a manner prescribed by the department; and(3) comply with the continuing education requirements as required in §74.25.(b) A responsible party may be added to the contractor registration at any time by providing written notice to the department. The written notice must include evidence that the responsible party meets the requirements of this chapter.(c) A responsible party may be removed from the contractor registration at any time by providing written notice to the department. In the event that the responsible party is no longer available due to a change in employment, death or disability, or any other reason, the contractor shall within 30 days re-designate a responsible party.", "sourceNote": "Source Note: The provisions of this §74.24 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157060", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164235", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.(b) Each responsible party must complete eight (8) hours of continuing education in courses approved by the department.(c) The continuing education hours must have been completed within the term of the current contractor registration, in the case of a timely renewal. For a late renewal, the continuing education hours must have been completed within the one year period immediately prior to the date of renewal.(d) A responsible party may not receive continuing education credit for attending the same course more than once.(e) The responsible party and the contractor must retain a copy of the certificate of completion for a course for one year after the date of completion.(f) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:(1) Texas Health and Safety Code, Chapter 754, Subchapter B, Inspection, Certification, and Registration;(2) Title 16, Texas Administrative Code, Chapter 74, Elevators, Escalators, and Related Equipment;(3) ethics, including business practices; or(4) the technical requirements in §74.100.", "sourceNote": "Source Note: The provisions of this §74.25 adopted to be effective July 1, 2012, 37 TexReg 4590." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164235", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164236", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter does not apply to:(1) buildings owned and operated by the federal government;(2) equipment regulated by a municipal inspection and certification program in accordance with Health and Safety Code §754.018 and §74.65(b) in this chapter;(3) equipment located in the following structures if access is limited primarily to employees:(A) industrial facilities;(B) grain silos;(C) radio antennas;(D) bridge towers;(E) underground facilities; and(F) dams;(4) equipment located in a private building that has two or fewer floors used exclusively by a labor union, trade association, private club, or charitable organization; and(5) elevators located in a single family dwelling except as provided by Texas Health and Safety Code §754.0141.", "sourceNote": "Source Note: The provisions of this §74.30 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164236", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.40", "label": "Contractor Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191234", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contractor must maintain general liability insurance at all times during a registration period to satisfy proof of financial responsibility of:(1) not less than $1,000,000 for each single occurrence of bodily injury or death; and(2) not less than $500,000 for each single occurrence of property damage.(b) The general liability insurance must be written by an insurer authorized to engage in the business of insurance in Texas or an eligible surplus lines insurer, as defined by Insurance Code §981.002.(c) A contractor applicant or registrant must file with the department a completed certificate of insurance or other evidence satisfactory to the department when applying for an initial registration, renewing a registration, changing a business name or affiliation, and upon request of the department.(d) A contractor must furnish the name of the insurance carrier, the policy number, and the name, address, and telephone number of the insurance agent with whom the contractor is insured to any customer who requests it.(e) A contractor applicant or registrant must obtain a general liability insurance policy that contains a provision or an endorsement that gives the department 30 days prior written notice of cancellation.(f) As prescribed by Health and Safety Code §754.0112, a contractor that is an institution of higher education or who is an employee of an institution of higher education may provide written evidence of self-insurance to the department to satisfy the insurance requirements under this section.", "sourceNote": "Source Note: The provisions of this §74.40 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191234", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.50", "label": "Reporting Requirements--Owner" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176321", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To obtain a certificate of compliance, the owner must submit to the department within 30 days of the equipment inspection date the following items:(1) the application for certificate of compliance;(2) a copy of the inspection reports for each unit of equipment;(3) written documentation to verify that all violations of the applicable ASME Safety codes or ASCE standards as adopted in §74.100, cited on the inspection report, are in compliance with §74.66(6)(A) - (C);(4) any application(s) for delay or waiver if applicable; and(5) all applicable fees.(b) The owner must notify the department, in writing and within thirty (30) days, of equipment that has been placed out of service. The equipment must be placed out of service in accordance with the definition in ASME Code A17.1, \"installation placed out of service\".(c) The owner must notify the department, in writing and within thirty (30) days, of an elevator that has had alterations converting the equipment to a material lift. The conversion shall comply with the applicable sections of ASME Code A17.1.(d) The owner must notify the department, in writing and within thirty (30) days, of a material lift that has had alterations converting the equipment to an elevator. The elevator must be inspected and brought into compliance with ASME Code A17.1 as a new installation.(e) When a delay has been approved, the owner must notify the department, in writing within thirty (30) days of the date of correction.(f) Within thirty (30) days of the date the equipment has become an Installation removed from service, the owner must notify the department by submitting a completed Inspection Report, including the applicable fee required by §74.80.", "sourceNote": "Source Note: The provisions of this §74.50 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949; amended to be effective February 15, 2016, 41 TexReg 962; amended to be effective July 1, 2018, 43 TexReg 3873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176321", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.55", "label": "Reporting Requirements--Inspector" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164214", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For new installations, the inspector must provide a copy of the inspection report to the owner not later than the 5th calendar day after completing the inspection.(b) For alterations, the inspector must provide a copy of the inspection report to the department and the owner not later than the 5th calendar day after completing the inspection.(c) Inspectors, by e-mail, fax, or letter, must report to the department, within 72 hours of discovery, all equipment they encounter that does not have a decal number.(d) The inspector must clearly note on the inspection report any equipment found with a reportable condition, and shall report it immediately by submitting a copy of the report to the owner and by e-mail, fax, or letter to the department within 24 hours.(e) Inspectors, using the Online Inspection Reporting System, for each piece of equipment inspected, must report to the department within 72 hours of completing an acceptance inspection, annual inspection or Installation removed from service.", "sourceNote": "Source Note: The provisions of this §74.55 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949; amended to be effective February 15, 2016, 41 TexReg 962." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164214", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.57", "label": "Reporting Requirements--Contractor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191235", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contractors must, by e-mail, fax, or letter, report to the owner and department, within 24 hours of discovery, all equipment they encounter that has a reportable condition.(b) Contractors must report to the department and to the owner, within 72 hours of discovery, all equipment they encounter that does not display a department issued decal number. A report required by this section may be made by e-mail, fax, or letter addressed to the department's chief elevator inspector and to the owner at the owner's most recent address in the contractor's records.", "sourceNote": "Source Note: The provisions of this §74.57 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191235", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.60", "label": "Responsibilities of the Department" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157035", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The certificate of compliance issued by the department will include the following information:(1) building number;(2) decal number;(3) building name;(4) inspector's registration number;(5) date of the last inspection;(6) due date of the next inspection; and(7) contact information to report a violation to the department.(b) The department will use the following procedures to issue a certificate of compliance:(1) review inspection report and fees received by the department;(2) review certification submitted by owner indicating which code violations have been remedied and which code violations are under contract to be corrected;(3) review waiver/delay application and fees received by the department;(4) notify owner of an incomplete submittal and ask for any missing inspection documents and fees;(5) notify owner of any denied waiver or delay requests and ask for certification that violations have been remedied or under contract to be corrected;(6) confirm that the owner submitted an inspection report with the correct amount of filing fees and all deficiencies in the inspection report have been corrected, or under contract to be corrected, or delay or waiver granted; and(7) upon completion of the prior steps, issue a certificate of compliance for each unit of equipment.(c) The department shall provide notification to owners, architects, and other building industry professionals regarding the necessity of annually inspecting equipment through the department's website, press releases, and group presentations.(d) The department shall review and issue a decision on applications for new technology variances in accordance with this chapter.(e) The department shall perform the required application and plan review and may approve or deny the application and plans in accordance with this chapter.(f) The department may periodically review inspection reports to determine compliance with the applicable statutes and rules.(g) The department may require inspector attendance at periodic rules and/or law update seminars conducted by the department when the executive director determines such seminars to be necessary.(h) The department may conduct inspector training seminars where attendance by inspectors is not mandatory.", "sourceNote": "Source Note: The provisions of this §74.60 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949; amended to be effective July 1, 2018, 43 TexReg 3873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157035", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.65", "label": "Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164216", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Board members will serve for staggered three year terms with two regulated industry positions and two consumer positions expiring in each of the first, second, and third years and one consumer position expiring in the third year. Terms shall expire November 1 of the third year of the member's term.(b) If with the advice of the Elevator Advisory Board, the executive director determines that the standards of inspection and certification of a municipal inspection and certification program are at least equivalent to those contained in the Act, the municipal ordinance shall apply.(c) Board meetings may be called by the executive director or the presiding officer of the commission.", "sourceNote": "Source Note: The provisions of this §74.65 adopted to be effective July 1, 2012, 37 TexReg 4590." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164216", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.66", "label": "Responsibilities of the Owner--Equipment Maintenance and Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164217", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner must:(1) maintain the equipment in a safe operating condition and in conformance with the standards and codes adopted in §74.100 and keep the equipment free from reportable conditions;(2) have an annual inspection of each unit of equipment to determine compliance with the applicable standards and codes adopted in §74.100;(3) obtain the services of an inspector registered with the department to perform inspections in accordance with §§74.74 - 74.77 and §74.100;(4) have each unit of equipment tested to determine its safety and compliance with the requirements of the codes and standards as adopted in §74.100;(5) ensure that all of the tests required by the applicable standards and codes adopted in §74.100 are performed; and(6) have all violations cited on an inspection report:(A) corrected within 60 calendar days of the date of inspection;(B) have them under contract to be corrected and all work completed not later than the next inspection due date; or(C) have an approved waiver or delay.(b) New equipment installations must have plans and other documents as set forth in this chapter reviewed by the department and must be inspected and tested to determine their safety and compliance with the requirements of the codes and standards as adopted in §74.100 before being placed in service. The equipment must be free of any violations, unless a waiver, delay or new technology variance has been granted by the department in writing, before being placed back into service.(c) Altered equipment must have plans and other documents as set forth in this chapter reviewed by the department and must be inspected and tested to determine its safety and compliance with the requirements of the codes and standards as adopted in §74.100 before being placed back in service. The equipment must be free of any violations, unless a waiver, delay or new technology variance has been granted by the department in writing, before being placed back into service.(d) When regulated equipment is inspected:(1) for the first time, the owner must display the Proof of Inspection with a Proof of Inspection Sticker at the location defined in §74.67, selected by the owner, until a current certificate of compliance is issued by the executive director.(2) on an annual basis, the owner must display the most current certificate of compliance with a Proof of Inspection Sticker at the location defined in §74.67, selected by the owner, until a current certificate of compliance is issued by the executive director.(e) The owner must have equipment re-inspected and re-certified if:(1) the equipment has been altered, including any alteration made to the interior of the elevator car enclosures or flooring;(2) the equipment has been determined to have a reportable condition; or(3) the inspection report shows an existing violation has continued longer than permitted in a delay granted by the executive director.", "sourceNote": "Source Note: The provisions of this §74.66 adopted to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164217", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.67", "label": "Responsibilities of the Owner--Certificates of Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164212", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner must:(1) obtain an annual certificate of compliance from the department evidencing that each unit of equipment in the building is in compliance with the applicable standards and codes adopted in §74.100;(2) have a current certificate of compliance in order to operate regulated equipment; and(3) display the current certificate of compliance in the applicable publicly visible areas of the building as described under subsections (b) and (c).(b) A current certificate of compliance for an elevator, platform lift, automated people mover, or related equipment must be displayed in one of the following areas:(1) inside the elevator car enclosure or platform lift, automated people mover, or related equipment passenger enclosure, not more than 7'0\" or less than 3'0\" above the finished car floor;(2) outside the elevator car enclosure or platform lift or related equipment passenger enclosure, in the main lobby within 10 feet of the call button not more than 7'0\" or less than 3'0\" above the finished landing floor; or(3) in a common area lobby or hallway location within the building in which the equipment is located that is:(A) accessible to the public without assistance or permission during all hours in which any equipment is in operation; and(B) identified by a plaque mounted in the elevator car enclosure or passenger enclosure or within 10 feet of the call button in the main elevator lobby directing the public to the location where the certificate(s) of compliance is displayed. The font size for letters on the plaque shall be at least 18 points and the plaque must state that the equipment is \"Regulated by the Texas Department of Licensing and Regulation\" and include the department's telephone number 1-800-803-9202 and the building management's telephone number.(c) A current certificate of compliance for an escalator or moving sidewalk must be displayed in one of the following areas:(1) in a common area lobby or hallway location not more than 7'0\" or less than 3'0\" above the finished landing floor and within the building in which the equipment is located accessible to the public without assistance or permission during all hours in which any escalator or moving sidewalk is in operation; or(2) in a common area lobby or hallway location within the building in which the equipment is located that is:(A) accessible to the public without assistance or permission during all hours in which any escalator or moving sidewalk is in operation; and(B) identified by a plaque mounted within 10 feet of entry or exit of the escalator or moving sidewalk directing the public to the location where the certificate(s) of compliance is displayed. The font size for letters on the plaque shall be at least 18 points and the plaque must state that the equipment is \"Regulated by the Texas Department of Licensing and Regulation\" and include the department's telephone number 1-800-803-9202 and the building management's telephone number.", "sourceNote": "Source Note: The provisions of this §74.67 adopted to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164212", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.68", "label": "Responsibilities of the Owner--Other Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176322", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner must make available to the department and all elevator personnel all maintenance and inspection records, maintenance control programs, maintenance, and repair manuals, and product specific inspection, testing, and maintenance procedures for each make and model number of the equipment, from September 1, 2003, and thereafter, as required by the applicable standards and codes adopted in §74.100.(b) The documents, records and programs required under subsection (a) must be in written or electronic format and be stored in the equipment room, machine room, machine space, control room, or control space or be accessible from a location within the building for that specific equipment.(c) The owner must have copies of all current department-issued waivers, delays, and new technology variances posted in the equipment room, machine room, machine space, control room, or control space in a readily accessible and visible location available to elevator personnel.", "sourceNote": "Source Note: The provisions of this §74.68 adopted to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176322", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.69", "label": "Responsibilities of the Owner--Accidents and Reportable Conditions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164243", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner must report all accidents, as defined in Texas Health and Safety Code, §754.011, involving equipment to the department, using a department-approved form, within 24 hours of the accident.(b) For an accident reported under this section, the equipment shall be removed from service and shall not be moved (except as necessary to extricate an injured party), used, or returned to service until a representative of the department completes an investigation and issues an approval to return the unit to service.(c) If any equipment is determined to have a reportable condition by inspection or other means, the owner must notify the department in writing within 24 hours, and must place the unsafe equipment out of operation until repairs to correct the reportable condition(s) are completed. After repairs have been completed, the owner must have the equipment re-inspected and re-certified and submit written verification to the department that the reportable condition has been corrected before returning the equipment to service.", "sourceNote": "Source Note: The provisions of this §74.69 adopted to be effective November 15, 2013, 38 TexReg 7949; amended to be effective February 15, 2016, 41 TexReg 962." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164243", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.72", "label": "Standards of Conduct for Inspector or Contractor Registrants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176323", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The provisions in this section apply to both inspectors and contractors, except where noted. (b) Competency. The registrant, as applicable, shall be knowledgeable of and adhere to the Act, this chapter, the ASME Safety Codes or ASCE Standards as adopted in §74.100, and all procedures established by the department for equipment inspections or performance of a contract to install, alter, repair, or maintain equipment. It is the obligation of the registrant to exercise reasonable judgment and skill in the performance of equipment inspections or performance of a contract to install, alter, repair, or maintain equipment. (c) Integrity. A registrant shall be honest and trustworthy in the performance of equipment inspections or performance of a contract to install, alter, repair, or maintain equipment, and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission. Acts or practices that constitute threats, coercion, or extortion are prohibited. The registrant shall accurately and truthfully represent to any prospective client his/her capabilities and qualifications to perform the services to be rendered. (d) Interest. The primary interest of the registrant is to ensure compliance with the Act, this chapter, and the ASME Safety Codes or ASCE Standards adopted in §74.100, and all procedures established by the department. The registrant's position, in this respect, should be clear to all parties concerned while conducting equipment inspections or completing the performance of a contract to install, alter, repair, or maintain equipment. (e) Conflict of Interest. A registrant is required to avoid conflicts of interest and the appearance of conflicts of interest. A conflict of interest exists when an inspector performs or agrees to perform equipment inspections for a building in which he has a financial interest, whether direct or indirect. A conflict of interest also exists when a registrant's professional judgment and independence are affected by his/her family, business, property, or other personal interests or relationships. (f) Specific Rules of Conduct. A registrant must not: (1) participate, whether individually or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act, this chapter, or the standards adopted by the commission; (2) knowingly furnish inaccurate, deceitful, or misleading information to the department, an owner, or other person involved in equipment inspections or equipment contracts; (3) state or imply to an owner that the department will grant a delay or waiver; (4) engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing equipment inspections or completing an equipment contract; (5) perform equipment inspections or complete an equipment contract in a negligent or incompetent manner; (6) perform equipment inspections in a building or facility in which the inspector registrant is an owner, either in whole or in part; (7) perform equipment inspections in a building or facility wherein the registrant, for compensation, participated in obtaining an equipment contract for the building; (8) indulge in advertising that is false, misleading, or deceptive; (9) misrepresent the amount or extent of prior education or experience to any client; or (10) hold out as being engaged in partnership or association with any person unless a partnership or association exists in fact. (g) An inspector is prohibited from performing inspections upon equipment for which the inspector 's employer also has a contract to perform installations, maintenance, repairs, replacements or alterations on that equipment. (h) A registrant must withdraw from employment when it becomes apparent that it is not possible to faithfully discharge the duty and performance of services owed the client. A registrant must provide reasonable notice to the client of the registrant's withdrawal. (i) An inspector must attend all mandatory training required by the executive director. (j) A registrant must notify the department in writing within 30 days of any changes to information submitted on the application or renewal application. (k) In accordance with Health and Safety Code, §754.0112, a registered elevator inspector or a registered contractor is not prohibited from performing an activity regulated by the Act or this chapter if the inspector or contractor is performing the activity as an employee of an institution of higher education.", "sourceNote": "Source Note: The provisions of this §74.72 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176323", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.74", "label": "Responsibilities of the Inspector--Inspection Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The inspector must inspect all equipment for compliance with the applicable ASME Safety Codes or ASCE Standards as adopted in §74.100.(b) Inspectors must use the latest published edition of ASME A17.2, \"Guide for Inspection of Elevators, Escalators, and Moving Walks,\" to conduct inspections and witness tests for compliance with the ASME Safety Codes or ASCE Standards adopted in §74.100.(c) The inspector must report to the owner before beginning any inspections.(d) The inspector and the owner must sign and date the inspection report or electronically acknowledge the report using any electronic method approved by the department.(e) The inspector is prohibited from performing any of the tests.(f) On new or altered equipment installations, the inspector may perform an inspection prior to the installation being completed. However, on these installations the department will only accept inspection reports for final inspections performed by the inspector after the installation is completed.(g) For new installations or alterations to existing equipment, the inspector must verify that approved applications and plans are on the site as specified in §74.111(b)(3) and is prohibited from proceeding with the inspection without the approved application and plans.(h) The inspector must verify that the installation or alterations comply with the approved application and plans.(i) New or altered units that fail to comply with the approved application and plans are prohibited from being placed in-service without the prior written approval of the department.(1) The inspector must compare the installation to the approved application and plans.(2) The inspector must not allow any installation that deviates from the approved application and plans to be placed into operation without the specific written authorization of the department.(3) The inspector must not complete the inspection of any new installation or alteration until the inspector has verified that the documents required by §74.79 are on site and stored in the equipment room, machine room, machine space, control room, or control space.(j) For Installations removed from service, the inspector must verify compliance with §74.105.", "sourceNote": "Source Note: The provisions of this §74.74 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949; amended to be effective February 15, 2016, 41 TexReg 962." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164239", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.75", "label": "Responsibilities of the Inspector--Department Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164240", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The inspector must use current department-approved forms for reporting inspections.(b) The department forms must be filled out completely, and must be used to report the inspections of existing equipment and final inspections of new or altered equipment.(c) The inspector must list all violations of the technical requirements by code number and code edition for each unit inspected, and include a written description of the violation on the department form. If the technical requirements refer to another code, the inspector must list both code numbers and include a written description of the violation.(d) The inspector may not use the department equipment inspection form to report the results of an inspection to the owner of equipment that is exempt under §74.30 and for construction-use only elevators.(e) The inspector must obtain from the department the label format file for the Proof of Inspection Stickers the inspector is required to use. The inspector must provide white borderless adhesive labels upon which the information is printed.(f) The inspector must obtain from the department the document format file for the Proof of Inspection the inspector is required to use. The inspector must provide white borderless paper upon which the information is printed.(g) On completion of an acceptance inspection, the inspector must complete and issue a Proof of Inspection. The inspector must complete and attach a Proof of Inspection Sticker to the Proof of Inspection. The Proof of Inspection with the attached Proof of Inspection Sticker must be posted by the inspector and displayed in a location specified in §74.67 prior to leaving the site of a completed acceptance inspection.(h) On completion of an annual inspection, the inspector must complete and issue a Proof of Inspection Sticker. The inspector must attach the Proof of Inspection Sticker to the existing Certificate of Compliance. The existing Certificate of Compliance with the attached Proof of Inspection Sticker must be posted by the inspector and displayed in a location specified in §74.67 prior to leaving the site of a completed annual inspection.", "sourceNote": "Source Note: The provisions of this §74.75 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164240", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.76", "label": "Responsibilities of the Inspector--Inspectors Equipment Test Tags" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164241", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The inspector must purchase test tags from the department and must be the person who attaches these tags to the inspected equipment.(b) The inspector must inscribe all required information on each department test tag. Department test tags shall not be replaced until after all date and signature spaces on the tag are filled.(c) Upon completion of the initial acceptance test, department test tags must be conspicuously attached to each individual piece of equipment on or adjacent to the equipment controller or main line disconnect.(d) All devices and adjustments required to be sealed by the adopted standard must be sealed with wire rope and lead seal by the inspector witnessing the test(s). There is no need to replace the seal unless it is broken. If a seal is broken, an inspector must witness the test and provide a seal as prescribed in this subsection prior to the unit being returned to service. The lead seal must be crimped onto the wire rope using a crimping tool bearing the department's seal and the crimping tool number assigned to the inspector. An inspector may use the required crimping tool to seal lead seals provided by the manufacturer at the factory as long as the assigned number is legible.(e) Inspector's equipment may be purchased from the department for $200 per 100 test tags (sold in multiples of 100).(f) The inspector must verify that contractor's test tags are placed on the equipment in conformance with the technical requirements adopted in §74.100.", "sourceNote": "Source Note: The provisions of this §74.76 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164241", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.77", "label": "Responsibilities of the Inspector--Inspectors Equipment Decals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each unit of equipment must be identified with a unique identification number decal issued by the department, which the inspector must affix to the upper right hand corner of the control panel. The decal shall remain on the control panel for the life of the equipment.(b) An additional department decal must not be affixed to equipment that has a current department decal displayed.(c) All correspondence and inspection reports must reference the decal number and building ID number, as reflected on the certificate of compliance.(d) If an inspector places a new decal on a unit of equipment to replace a lost or destroyed decal, the inspector must report the equipment's location, old decal number, and new decal number to the department within ten (10) calendar days of placing the new decal number upon the equipment.(e) On request by the department, the inspector must report to the department regarding the issuance and disposal of all decals issued to the inspector.", "sourceNote": "Source Note: The provisions of this §74.77 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164244", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.78", "label": "Responsibilities of the Contractor--Compliance with Plan Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164245", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The contractor must comply with the requirements for plan review as set forth in this chapter.(b) The contractor must provide the inspector a copy of the approved application and plans and, upon completion of the inspection, leave a copy of the approved application and plans in the machine room, machine space, control room or control space.", "sourceNote": "Source Note: The provisions of this §74.78 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164245", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.79", "label": "Responsibilities of the Contractor--Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176324", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All registered contractors who install equipment regulated by the Act must provide the following documents for all equipment provided as part of the contract to install or alter equipment, to the owner of the equipment when installing new equipment or altering existing equipment.(1) a written maintenance control program specifically designed for the equipment;(2) a parts listing with part numbers and exploded view drawings identifying the parts;(3) straight line \"as installed\" wiring diagrams;(4) any diagnostic interface codes or passwords necessary to perform any code required tests, including but not limited to all access codes, passwords, diagnostic codes, and fault codes;(5) general equipment maintenance, repair, testing, and adjustment procedures, including but not limited to lubrication instructions and recommended grade of lubricants;(6) all unique and product specific maintenance, repair, testing, and adjustment procedures;(7) all unique and product specific inspection procedures; and(8) written procedures as described in the currently adopted standards for complying with the requirements for the special provisions contained therein for the specific equipment.(b) The documents listed in subsection (a) shall be in written hard copy format; however, additional electronic copies may also be provided.(c) No new installation or alteration shall be permitted to be placed into operation until the inspector has verified that these documents are on site and stored in the equipment room, machine room, machine space, control room, or control space.(d) The owner shall not be required to sign any confidentiality or nondisclosure agreements in order to receive these documents, but may be required to sign an acknowledgement of receipt.(e) For any document required by this chapter that the registered contractor claims is confidential or protected as a trade secret, the document must be provided to the department for a determination of nondisclosure under Government Code Chapter 552.", "sourceNote": "Source Note: The provisions of this §74.79 adopted to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176324", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Inspector Registration Fees.(1) Original application--$50(2) Renewal application--$50(3) Revised/Duplicate registration card--$25(b) Certificate of Compliance Filing Fees.(1) Filing fees submitted within 30 days of the equipment inspection date: $20 per unit of equipment, along with a copy of the inspection report.(2) Late filing fees: $10 per unit of equipment for 30 day period if the inspection report, filing fees, and verification about correcting deficiencies in the inspection report are filed after the 60th day from the equipment inspection date.(3) Revised/Duplicate Certificate Fee--$25 per certificate.(c) Waiver or Delay Application Fees.(1) $50 for each violation of the ASME Safety Codes or ASCE Standards as adopted in §74.100 per unit of equipment requested to be waived or delayed.(2) Fees shall be charged and collected by the department for a waiver or delay application for an institution of higher education.(d) Contractor Registration Fees.(1) Original application--$115(2) Renewal application--$115(3) Revised/Duplicate registration card--$25(e) Late renewal fees for Inspector and Contractor registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(f) New Technology Variance Fees.(1) Application fee--$2,500(2) Fee to file an appeal of a denial of an application--$200(g) Fees for Plan Reviews.(1) The plan review fee for the installation or alteration of equipment included in a contract shall be calculated as follows:(A) $200 for each unit of equipment for which a decal is required; and(B) the maximum fee shall not exceed $5,000.(2) The fee to review plans on an expedited basis is $1,000 per unit of equipment included in a contract for which a decal is required. There is no maximum fee or cap for expedited reviews.(h) Fees for Amendments to Previously Approved Plan Reviews.(1) The plan review fee for amendments to previously approved plan reviews where the installation or alteration of equipment included in a contract has not been completed shall be as follows:(A) $100 per unit of equipment for which a decal is required; and(B) the maximum fee shall not exceed $2,500.(2) The fee to review amendments to previously approved plan reviews on an expedited basis is $1,000 per unit of equipment included in a contract for which a decal is required. There is no maximum fee or cap for expedited reviews.(i) The fee for \"Installation Removed from Service\" is $20 per unit of equipment.", "sourceNote": "Source Note: The provisions of this §74.80 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949; amended to be effective February 15, 2016, 41 TexReg 962." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157042", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192586", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates Texas Health and Safety Code, Chapter 754, or a rule, or order of the executive director or commission relating to the Act, proceedings may be instituted to impose administrative sanctions and/or recommend administrative penalties in accordance with the Act or Texas Occupations Code, Chapter 51, and 16 Texas Administrative Code Chapter 60 and Chapter 74.", "sourceNote": "Source Note: The provisions of this §74.90 adopted to be effective July 1, 2012, 37 TexReg 4590." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192586", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.100", "label": "Technical Requirements--ASME and ASCE Codes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176325", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission adopts the standards for the installation, maintenance, repair, replacement, alteration, testing, operation, and inspection of equipment that are contained in the following codes:(1) ASME Code A17.1-2016/CSA B44-16 as amended in subsection (b);(2) ASME Code A17.3-2002;(3) ASME Code A18.1-2005; and(4) ASCE Code 21.(b) The following amendments shall be made to ASME Code A17.1-2016/CSA B44-16:(1) Delete requirement 1.2.1(c) and all references to ASME Code A17.7 within the adopted standard, preface and appendices.(2) Delete 2.12.7.2.1(c) hoistway access switch on sight guard.(3) Delete 7.4.2.2 and all references to type B material lifts within the adopted standard, preface, and appendices.(4) Delete requirement 8.6.4.19.7 standby or emergency power operation.(5) Delete requirement 8.6.5.14.3(f) standby or emergency power operation.(6) Delete requirement 8.10.2.2.1(q) emergency or standby power operation.(7) Delete requirement 8.10.2.3.2(l) emergency or standby power alterations.(8) Delete requirement 8.10.3.3.2(l) emergency or standby power alterations.(9) Delete the reference to ASME Code A17.3 contained within 9.1.(10) Delete Appendix E in its entirety.(c) The effective dates of:(1) ASME Code A17.1-2016/CSA B44-16 and the amendments in subsection (b) shall be effective on November 1, 2018.(2) ASME Code A18.1-2005 shall be effective September 1, 2008.(3) ASME Code A17.3-2002 continues to be in effect.", "sourceNote": "Source Note: The provisions of this §74.100 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949; amended to be effective November 1, 2018, 43 TexReg 6947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176325", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.105", "label": "Standards for Equipment Removed from Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164224", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Equipment may only be removed from service by a registered inspector using the following procedures:(1) Hydraulic elevators must be brought to the lowest landing with the doors closed and the main line disconnect switch locked in the off position.(2) Electric elevators must be brought to the top landing, with the doors closed and the main line disconnect switch locked in the off position.(3) Escalators must have their main line disconnect switch locked in the off position and each end of the escalator barricaded.(4) All other related equipment must have their main line disconnect switch locked in the off position.(b) Equipment removed from service may only have the power restored:(1) by a registered Contractor performing upgrades or alterations;(2) by a registered Inspector performing an Acceptance or Annual Inspection; or(3) with approval of the Department.(c) All other related equipment must have their main line disconnect switch locked in the off position.(d) Equipment removed from service shall be returned to service after performing an approved acceptance or annual inspection performed in accordance with §74.66.", "sourceNote": "Source Note: The provisions of this §74.105 adopted to be effective February 15, 2016, 41 TexReg 962." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164224", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.110", "label": "Plan Review--Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164220", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to beginning the installation or alteration of equipment at any individual location, the contractor shall submit and have approved an application and plans describing the installation or alteration.(b) The contractor shall submit one (1) copy of the plans to be reviewed to the department. These copies shall be submitted in a manner prescribed by the department.", "sourceNote": "Source Note: The provisions of this §74.110 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164220", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.111", "label": "Plan Review--New Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164221", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contractor must submit for review an application and plans for the installation of new equipment.(b) To apply for a plan review for the installation of new equipment, a contractor must:(1) submit a completed application on a department-approved form;(2) pay the fee required by §74.80; and(3) submit layout drawings as specified in the ASME Code A17.1 adopted in §74.100 for the specific type of equipment to be installed. These layout drawings shall also include:(A) the rated speed of the equipment in feet per minute;(B) the rated capacity of the equipment in pounds;(C) the total travel of the equipment in feet and inches;(D) elevation drawings of the hoistway, runway or wellway; and(E) plan drawings indicating the arrangement of the equipment in a machine room, machine space, control room or control space.", "sourceNote": "Source Note: The provisions of this §74.111 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164221", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.112", "label": "Plan Review--Alteration of Existing Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164222", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contractor must submit for review an application and plans for the alteration of existing equipment.(b) To apply for a plan review for the alteration of existing equipment, a contractor must:(1) submit a completed application on a department-approved form;(2) pay the fee required by §74.80; and(3) submit a written description of the scope of work, which shall include a description of each alteration to be performed.(c) In addition to submitting the items under subsection (b), a contractor must submit layout drawings as specified in §74.111(b)(3) and the ASME Code A17.1 adopted in §74.100 for the specific type of equipment, if the alteration described in subsection (b)(3) results in one or more of the following changes:(1) the rated speed of the equipment in feet per minute;(2) the rated capacity of the equipment in pounds;(3) the total travel of the equipment in feet and inches;(4) the classification of the equipment, such as passenger elevator to freight elevator or freight elevator to passenger elevator; or(5) the driving machine is re-located.(d) In addition to submitting the items under subsection (b), a contractor must submit the following documents for all new equipment provided as part of the alteration of the interior of an elevator car:(1) material safety data sheet; and(2) documentation of the fire rating of all materials installed as part of a car interior alteration, including the estimated weight of those materials.", "sourceNote": "Source Note: The provisions of this §74.112 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164222", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.113", "label": "Plan Review--Department Approval or Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164223", "queryAsDate": "03/11/2026" }, "ruleBody": "The department shall conduct a plan review of the installation of new equipment or the alteration of existing equipment and may:(1) approve the application and plans and other required documents as submitted;(2) approve the application and plans and other required documents with conditions; or(3) deny the application and plans and other required documents and provide the applicant with the reasons for denial.", "sourceNote": "Source Note: The provisions of this §74.113 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164223", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.114", "label": "Plan Review--Amendments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157049", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the installation or alteration has already been completed, any changes to an approved application and plans for the installation of new equipment or the alteration of existing equipment must be resubmitted in accordance with §74.111 or §74.112.(b) If the installation or alteration has not been completed, a contractor may amend a previously approved application and plans for the installation of new equipment or the alteration of existing equipment.(c) To apply for a plan review of any amendments to a previously approved plan review under subsection (b), a contractor must:(1) submit a completed application on a department-approved form;(2) pay the fee required by §74.80; and(3) submit a written description of the scope of work which shall include a description of each alteration to be performed.(d) In addition to submitting the items under subsection (c), a contractor must submit layout drawings as specified in §74.111(b)(3) and the ASME Code A17.1 adopted in §74.100 for the specific type of equipment, if the alteration described in subsection (c)(3) results in one or more of the following changes:(1) the rated speed of the equipment in feet per minute;(2) the rated capacity of the equipment in pounds;(3) the total travel of the equipment in feet and inches;(4) the classification of the equipment, such as passenger elevator to freight elevator or freight elevator to passenger elevator; or(5) the driving machine is re-located.", "sourceNote": "Source Note: The provisions of this §74.114 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157049", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.115", "label": "Plan Review--Expedited Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164225", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contractor may request an expedited review of the plans submitted under §§74.111, 74.112, and 74.114 by payment of the expedited review fee required by §74.80.(b) The department may process plan reviews on an expedited basis and issue an approval or denial of those plans, as described under §74.113, within 5 business days after a complete submission by the contractor.", "sourceNote": "Source Note: The provisions of this §74.115 adopted to be effective July 1, 2012, 37 TexReg 4590." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164225", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.120", "label": "New Technology Variances--Application for Variance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164226", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to the installation of any device, equipment or technology not permitted by the currently adopted standards, a contractor or an equipment manufacturer (\"applicant\") must submit an application for new technology variance for approval by the department.(b) An application for a new technology variance must contain the following, if applicable:(1) an enumeration and description of all the requirements of the adopted standard for which a new technology variance is being requested;(2) documentary evidence to support a claim of equivalence or superiority to the requirements of the adopted standard;(3) documentary evidence that the new technology is being or may be considered by the ASME code committee(s) for inclusion in a future standard;(4) an estimated time frame for the approval of the new technology by the ASME code committee(s);(5) any additional supporting evidence deemed by the applicant to be necessary to assist in making a determination; and(6) the new technology variance application fees outlined in §74.80.(c) The applicant will be advised of the status of the application, in writing, not less often than quarterly.", "sourceNote": "Source Note: The provisions of this §74.120 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164226", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.121", "label": "New Technology Variances--Department Approval or Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164227", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant for a new technology variance will be notified of the department's decision in writing.(b) If the new technology variance is approved, the department notification will itemize the specific code requirement deviations for which the variance(s) are approved.(c) If the new technology variance is denied, the applicant may appeal the department's decision in accordance with §74.122.", "sourceNote": "Source Note: The provisions of this §74.121 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164227", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "74", "label": "ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT" }, "rule": { "number": "§74.122", "label": "New Technology Variances--Appeal of Variance Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "105859", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A denial of a new technology variance application may be appealed to the director of compliance, or his designee, within 30 calendar days from notification of the department's decision.(b) The appeal to the director of compliance, or his designee, must be submitted in writing along with payment of the applicable appeal fee under §74.80. Supporting documentation such as the variance application and all documentation filed to support the application may be submitted for consideration.(c) When a variance review determination has been made by the director of compliance, or his designee, the applicant will be advised in writing of the determination.(d) A denial of a new technology variance application from the director of compliance, or his designee, may be appealed to the executive director, or his designee, within 30 calendar days of notification of the director of compliance's decision.(e) The appeal to the executive director must be submitted in writing. Supporting documentation such as the variance application and all documentation filed to support the application may be submitted for consideration. No additional appeal fees must be submitted.(f) When a variance review determination has been made by the executive director, the applicant will be advised in writing of the determination.(g) The decision of the executive director regarding the variance application is final and binding on the applicant.", "sourceNote": "Source Note: The provisions of this §74.122 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "105859", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220386", "queryAsDate": "03/11/2026" }, "ruleBody": "The sections in this chapter are authorized by Texas Occupations Code, Chapters 51 and 1302.", "sourceNote": "Source Note: The provisions of this §75.1 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective December 1, 2003, 28 TexReg 10465." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220386", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190581", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms have the following meanings as used in this chapter:(1) Act--Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration Contractors.(2) Advertising or Advertisement--Any commercial message which promotes the services of an air conditioning and refrigeration contractor.(3) Air conditioning and refrigeration subcontractor--A person or firm who contracts with a licensed air conditioning contractor for a portion of work requiring a license under the Act. The subcontractor contracts to perform a task according to his own methods, and is subject to the contractor's control only as to the end product or final result of his work.(4) Air conditioning or heating unit--A stand-alone system with its own controls that conditions the air for a specific space and does not require a connection to other equipment, piping, or ductwork in order to function.(5) Assumed name--As defined in the Business and Commerce Code, Title 5, Chapter 71.(6) Biomedical Remediation--The treatment of ducts, plenums, or other portions of air conditioning or heating systems by applying disinfectants, anti-fungal substances, or products designed to reduce or eliminate the presence of molds, mildews, fungi, bacteria, or other disease-causing organisms.(7) Biomedical Testing--The inspection and sampling of ducts, plenums, or other portions of air conditioning or heating systems to test for the presence of molds, mildews, fungi, bacteria, or other disease-causing organisms. The term does not include performing any type of treatment or remediation.(8) Boiler--As defined in Chapter 755 of the Health and Safety Code.(9) Business affiliation--The business organization to which a licensee elects to assign his license.(10) Career and technology education program--An educational program, defined in §1302.5037(a)(1) of the Act, focused on air conditioning and refrigeration and:(A) offered by a public high school under Subchapter F, Chapter 29, Education Code; or(B) offered by a private high school or institution of higher education and determined by the department to be similar to a program described by subparagraph (A).(11) Certification training program--A program of education and training, defined in §1302.002(5-c)(B) of the Act and further addressed in §75.122, accepted or approved by the department and consisting of at least 2,000 hours of a combination of classroom instruction and supervised practical experience.(12) Certification training program provider--A person providing or offering to provide a certification training program.(13) Certified technician--A person granted an air conditioning and refrigeration technician certification by the department pursuant to §75.120, and §1302.5036 and §1302.5055 of the Act.(14) Certified technician (legacy)--A person granted a certified technician designation by the department pursuant to §75.28, and §1302.508 of the Act, as continued by House Bill 3029 §18, 85th Leg., R.S. (2017).(15) Cheating--Attempting to obtain, obtaining, providing, or using answers to examination questions by deceit, fraud, dishonesty, or deception.(16) Cryogenics--Refrigeration that deals with producing temperatures ranging from:(A) -250 degrees F to Absolute Zero (-459.69 degrees F);(B) -156.6 degrees C to -273.16 degrees C;(C) 116.5 degrees K to 0 degrees K; or(D) 209.69 degrees R to 0 degrees R.(17) Department--The Texas Department of Licensing and Regulation.(18) Design of a system--Making decisions on the necessary size of equipment, number of grilles, placement and size of supply and return air ducts, and any other requirements affecting the ability of the system to perform the function for which it was designed.(19) Direct supervision--Directing and verifying the design, installation, construction, maintenance, service, repair, alteration, or modification of an environmental air conditioning, refrigeration, process cooling, or process heating product or equipment to assure mechanical integrity. Verification may include, but is not limited to:(A) personal inspection of a job;(B) reviewing a checklist or report completed by a person who performed some or all of the work on a job; or(C) reviewing an inspection report of the job made by a municipal mechanical inspector.(20) Employee--An individual who performs tasks assigned by an employer, and who is subject to the employer's control in all aspects of job performance, except that a licensed air conditioning and refrigeration contractor remains responsible for all air conditioning work he or she performs. An employee's wages are subject to deduction of federal income taxes and social security payments. An employee may be full time, part time, or seasonal. Simultaneous employment with a temporary employment agency, a staff leasing agency, or other employer does not affect an employee's status for the purpose of this chapter.(21) Executive Director--The executive director of the department.(22) Full time employee--An employee who is present on the job either 40 hours a week, or at least 80% of the time the company is offering air conditioning and refrigeration contracting services to the public, whichever is less.(23) In-person supervision--Supervision of air conditioning and refrigeration maintenance work provided while physically present at the same location as the person being supervised.(24) Institution of higher education--An \"institution of higher education\" or a \"private or independent institution of higher education,\" as those terms are defined by §61.003, Education Code.(25) Licensee--An individual holding a contractor's license of the class and endorsement appropriate to the work performed under the Act and this chapter.(26) Offering to perform--Making a written or oral proposal, contracting in writing or orally to perform air conditioning and refrigeration work, or advertising in any form through any medium that a person or business entity is an air conditioning and refrigeration contractor, or that implies in any way that a person or business entity is available to contract for or perform air conditioning and refrigeration work.(27) Permanent office--Any location, which must be identified by a street address, or other data identifying a rural location, from which a person or business entity conducts the business of an air conditioning and refrigeration contracting company. A location not open to the public, or not located within the state, may serve as a permanent office so long as the department and consumers have access to the licensee required by §1302.252 of the Act to be employed in each permanent office.(28) Portable--Able to be easily transported and readily used as an entire system, without need for dismantling or assembly in whole or in part, or addition of parts, components, or accessories.(29) Primary process medium--A refrigerant or other primary process fluid that is classified in the current ANSI/ASHRAE Standard 34 as Safety Group A1, A2, B1, or B2. Safety Groups A3 and B3 refrigerants are specifically excluded.(30) Proper installation, and service--Installing, servicing, repairing, and maintaining air conditioning and refrigeration equipment in accordance with:(A) applicable municipal ordinances and codes adopted by a municipality where the installation occurs;(B) the applicable edition of the Uniform Mechanical Code as adopted under §75.110; or the applicable edition of the International Mechanical Code as adopted under §75.110 and International Fuel Gas Code, in areas where no code has been adopted; or the International Residential Code, as applicable;(C) the manufacturer's specifications and instructions; and(D) all requirements for safety and the proper performance of the function for which the equipment or product was designed.(31) Registrant--A person who is registered with the department as a technician under the Act and this chapter.(32) Repair work--Diagnosing and repairing problems with air conditioning, commercial refrigeration, or process cooling or heating equipment, and remedying or attempting to remedy the problem. Repair work does not mean simultaneous replacement of the condensing unit, furnace, and evaporator coil.(33) Self-contained--Constructed so that all required parts, components, and accessories of the air conditioning or heating system are included within the same enclosure.(34) System balancing--A process of adjusting, regulating, or proportioning air distribution equipment or any activity beyond system testing.(35) System testing--Assessing or measuring the performance of the air distribution equipment or air conditioning and refrigeration duct system through equipment that can be attached externally to the system. Testing does not include opening, adjusting, or balancing equipment or ducts or any activity beyond assessing the system through the use of external equipment. Testing does not include testing fire and smoke dampers.(36) Total replacement of a system--Simultaneous replacement of the condensing unit, the evaporator coil, the furnace, if applicable, and the air handling unit, or replacement of a package system.", "sourceNote": "Source Note: The provisions of this §75.10 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective December 5, 1999, 24 TexReg 10857; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective November 5, 2001, 26 TexReg 8814; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective September 1, 2004, 29 TexReg 8282; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective December 31, 2007, 32 TexReg 9963; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 15, 2017, 42 TexReg 2337; amended to be effective May 1, 2018, 43 TexReg 2401; amended to be effective September 1, 2024, 49 TexReg 6449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190581", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.20", "label": "Contractor Licensing Requirements--Application and Experience Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190582", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To obtain a contractor license, an applicant must:(1) submit a completed application on a department-approved form;(2) satisfy the requirements of Occupations Code §1302.255 based on the date the application is filed with the department;(3) pass the examination;(4) submit the required fees;(5) submit proof of insurance, as prescribed under §75.40, subsequent to passing the examination; and(6) complete all requirements, including passing the exam, within one year of the date the application is filed.(b) An applicant must submit the proper documentation as prescribed by the department to receive credit for the amount and type of practical experience claimed by the applicant.", "sourceNote": "Source Note: The provisions of this §75.20 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective June 13, 2001, 26 TexReg 4094; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective March 1, 2012, 37 TexReg 1317; amended to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190582", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.21", "label": "Contractor Licensing Requirements--Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190583", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person must satisfy the requirements of Texas Occupations Code §1302.255 based on the date the application is filed with the department, prior to taking an examination.(b) A passing grade is 70%.(c) A person taking an examination must comply with the department's examination requirements under Chapter 60, Subchapter E of this title.(d) Cheating on an examination is grounds for denial, suspension, or revocation of a license and/or an administrative penalty.", "sourceNote": "Source Note: The provisions of this §75.21 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective March 1, 2012, 37 TexReg 1317; amended to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190583", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.22", "label": "Contractor Licensing Requirements--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190584", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The term of an air conditioning and refrigeration contractor's license is one year.(b) A license is not transferable.(1) License numbers will have the following form: Title/Class/Number/Endorsement code-TACL/A/000000/C.(2) Endorsement codes are as follows:(A) Environmental Air Conditioning-E;(B) Commercial Refrigeration and Process Cooling or Heating-R;(C) Combined Endorsements-C.(c) A holder of a Class B license with the proper endorsement may perform air conditioning and refrigeration work in a building or a complex of buildings having more than one air conditioning or heating unit. The combined cooling capacity of the units may exceed 25 tons and heating capacity may exceed 1.5 million Btu/h, as long as each complete individual unit does not exceed the capacities stated above.(d) Any contractor who has a Class B license with one or combined endorsements may upgrade an endorsement(s) by passing the Class A examination for that endorsement.(e) A contractor who has endorsements of different classes will be issued a separate license number for each endorsement. The licenses will have concurrent expiration dates and will be printed on a single document.(f) A contractor who holds two licenses may have only one endorsement per license. Both licenses must have the same business affiliation and permanent and business addresses.(g) The insurance requirement for separate licenses may be met with a single policy with limits at least as high as those required for a Class A license. A waiver of insurance for one license automatically applies to both licenses.(h) Any violation of the law or the rules and regulations resulting in disciplinary action for one license may result in disciplinary action for the other license.", "sourceNote": "Source Note: The provisions of this §75.22 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective September 1, 2001, 26 TexReg 6011; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190584", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.23", "label": "Contractor Licensing Requirements--Temporary Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151197", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A company owner or officer whose only license holder is no longer available due to death or disability may request a temporary license.(b) The temporary license request shall be made by an owner or partner who was affiliated with the firm at the time the license holder became unavailable. The person who will hold the temporary license shall be an owner, partner, or employee already associated with the firm.(c) The request for a temporary license must:(1) be made within fifteen (15) calendar days from the date the license holder became unavailable;(2) be in writing;(3) state the reason for the request including the circumstances involved;(4) include a completed application with all applicable fees; and(5) include a new certificate of insurance covering the company and the temporary license holder.(d) A non-renewable temporary license shall be valid for a period of 30 calendar days from date of issuance.(e) A temporary license number assigned by the department must be shown on company vehicles, and must appear on invoices and proposals. The number may be taped to vehicles or applied by any other temporary methods. The temporary license shall be numbered by the department as follows: Title/Class/Number/Endorsement code/Temporary Designation.", "sourceNote": "Source Note: The provisions of this §75.23 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151197", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.24", "label": "Contractor Licensing Requirements--Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220387", "queryAsDate": "03/11/2026" }, "ruleBody": "To renew a contractor's license, a person must:(1) submit a completed renewal application on a department-approved form;(2) submit all appropriate fees; and(3) complete eight (8) hours of continuing education as required under §75.25.", "sourceNote": "Source Note: The provisions of this §75.24 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective December 31, 2007, 32 TexReg 9963; amended to be effective April 1, 2011, 36 TexReg 1975." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220387", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151200", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.(b) To renew an air conditioning and refrigeration contractor license under Texas Occupations Code, Chapter 1302, Subchapter F, a licensee must complete eight hours of continuing education in courses approved by the department, including one hour of instruction in Texas state law and rules that regulate the conduct of licensees.(c) The continuing education hours must have been completed within the term of the current license, in the case of a timely renewal. For a late renewal, the continuing education hours must have been completed within the one year period immediately prior to the date of renewal.(d) A licensee may not receive continuing education credit for attending the same course more than once.(e) A licensee must retain a copy of the certificate of completion for a course for one year after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.(f) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:(1) Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration Contractors;(2) Title 16, Texas Administrative Code, Chapter 75, Air Conditioning and Refrigeration Administrative Rules;(3) the International Mechanical Code, the Uniform Mechanical Code, or other applicable codes;(4) ethics;(5) business practices; or(6) technical requirements.(g) A licensee who provides proof, in a manner prescribed by the department, of having served as an instructor of a course within a career and technology education program may receive two hours of continuing education for each completed academic semester of instruction. A maximum of two hours of continuing education credit may be claimed by the licensee per academic semester.", "sourceNote": "Source Note: The provisions of this §75.25 adopted to be effective June 1, 2005, 30 TexReg 3095; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective January 1, 2014, 38 TexReg 9517; amended to be effective May 15, 2017, 42 TexReg 2337; amended to be effective September 1, 2024, 49 TexReg 6449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151200", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.27", "label": "Technician Registration Requirements--Initial Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190585", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To obtain a technician registration, an applicant must:(1) submit a completed application on a department-approved form; and(2) submit the required fee.(b) The term of an air conditioning and refrigeration technician's registration is one year.(c) A registration is not transferable.(d) An applicant for registration as an air conditioning and refrigeration technician will be issued a temporary registration that is valid for 21 days if the applicant:(1) has not been convicted of a criminal offense, or been placed on deferred adjudication; and(2) pays the required fee.", "sourceNote": "Source Note: The provisions of this §75.27 adopted to be effective December 31, 2007, 32 TexReg 9963; amended to be effective April 1, 2011, 36 TexReg 1975." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190585", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.28", "label": "Registered Technician--Certified Technician (Legacy) Designation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190586", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies only to a person who submits an application for a certified technician designation on or before August 31, 2018.(b) A registered technician may use the designation \"certified technician\" after obtaining a certified technician designation from the department.(c) To obtain a certified technician designation, an applicant must:(1) submit a completed application on a department-approved form;(2) provide proof of having passed a certification examination administered by;(A) a nationally recognized certification organization; or(B) other organizations approved by the department; and(3) pay the required fee.", "sourceNote": "Source Note: The provisions of this §75.28 adopted to be effective December 31, 2007, 32 TexReg 9963; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190586", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.29", "label": "Registered and Certified Technician Requirements--Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220388", "queryAsDate": "03/11/2026" }, "ruleBody": "To renew a technician registration or air conditioning and refrigeration technician certification, a person must:(1) submit a completed renewal application on a department-approved form; and(2) submit the required fees.", "sourceNote": "Source Note: The provisions of this §75.29 adopted to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220388", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151204", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Act and this chapter do not apply to those persons exempt under Occupations Code, Chapter 1302, with the following clarifications:(1) persons who conduct air conditioning and refrigeration contracting, who are employed by a regulated electric or gas utility facility and perform those services in connection with the utility business in which the person is employed;(2) a person who engages in air conditioning and refrigeration contracting in a building owned solely by the person as the person's home and who does not engage in the occupation of air conditioning and refrigeration contracting for the general public. This exemption applies only to the homeowner and not to others who may attempt to assist the homeowner;(3) those who hold a valid Certificate of Authorization issued by the American Society of Mechanical Engineers or The National Board of Boiler and Pressure Vessel Inspectors that are:(A) appropriate for the scope of work to be performed, and(B) performed solely on boilers as defined in Chapter 755 of the Health and Safety Code; and(4) persons who install, repair, or remove a vent hood of the type commonly used in residential and commercial kitchens, as long as the person does not install, repair or remove any other part of the exhaust system.(5) persons who engage in air conditioning and refrigeration contracting regarding:(A) a portable or self-contained ductless air conditioning product that has a cooling capacity of three tons or less;(B) a portable or self-contained heating product that does not require the forced movement or air outside the heating unit;(C) environmental air conditioning equipment that is intended for temporary use and is not fixed in place; or(D) a residential refrigerator, freezer, or ice machine.(6) a student enrolled in a certification training program or career and technology education program who acts or offers to act as an air conditioning and refrigeration technician solely as part of the program and is enrolled at a public high school or an institution of higher education.(b) Unlicensed general contractors may bid or contract for a job that includes air conditioning or refrigeration if the job does not consist solely of work requiring a license under the Act.", "sourceNote": "Source Note: The provisions of this §75.30 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 15, 2017, 42 TexReg 2337; amended to be effective May 1, 2018, 43 TexReg 2401; amended to be effective September 1, 2024, 49 TexReg 6449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151204", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.40", "label": "Contractor Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151205", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Class A licensees must maintain commercial general liability insurance at all times during a license period:(1) of at least $300,000 per occurrence (combined for property damage and bodily injury);(2) of at least $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and(3) of at least $300,000 aggregate for products and completed operations.(b) Class B licensees must maintain commercial liability insurance at all times during a license period:(1) of at least $100,000 per occurrence (combined for property damage and bodily injury);(2) of at least $200,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and(3) of at least $100,000 aggregate for products and completed operations.(c) Insurance must be obtained from an insurance provider authorized to sell liability insurance in Texas pursuant to the Texas Insurance Code.(d) A license applicant or licensee must file with the department a completed certificate of insurance or other evidence satisfactory to the department when applying for an initial license, changing a business name or affiliation, and upon request of the department.(e) Requests to waive the insurance requirements because the license holder does not contract with the public must:(1) be submitted in writing to the department; and(2) contain a detailed explanation of the conditions under which the waiver is requested.(f) A licensee who has received a waiver of insurance cannot perform or offer to perform air conditioning and refrigeration contracting under his license with the general public.(g) A licensee or an air conditioning and refrigeration contracting company must furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the licensee or company is insured to any customer who requests it.", "sourceNote": "Source Note: The provisions of this §75.40 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151205", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.65", "label": "Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220389", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of the Air Conditioning and Refrigeration Contractors Advisory Board is to advise the commission on adopting rules, enforcing and administering the Act, and setting fees.(b) Expense reimbursements to board members:(1) are limited to authorized expenses incurred while traveling to and from board meetings; and(2) must be limited to those allowed by the State of Texas Travel Allowance Guide, the Texas Department of Licensing and Regulation policies governing employee travel allowances, and the General Appropriations Act.(c) Expenses can be reimbursed to board members only when the legislature has specifically appropriated money for that purpose, and only to the extent of the appropriation.", "sourceNote": "Source Note: The provisions of this §75.65 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220389", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.70", "label": "Responsibilities of the Contractor/Licensee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensee must:(1) if affiliated with an air conditioning and refrigeration contracting company, assign the license to one company or one permanent office of the company that will use the license;(2) if affiliated with an air conditioning and refrigeration contracting company, be an employee or owner of the air conditioning and refrigeration contracting company and must work full time at the company or permanent office of the company;(3) use the license for one business affiliation and one permanent office at any one given time;(4) furnish the department with the licensee's permanent mailing address and the name, physical address, and telephone number of the air conditioning and refrigeration contracting company through which the licensee provides services;(5) verify that all work for which the licensee has supervisory responsibility is performed so that mechanical integrity of installed products, system or equipment is maintained, and that all maintenance, service, and repair work has been done properly;(6) if affiliated with an air conditioning and refrigeration contracting company, furnish to municipalities a list of authorized agents that may pull permits under the license, and, if subcontracting jobs to other licensed air conditioning and refrigeration contracting companies, furnish a list of agents of those licensed companies that may pull permits under the license;(7) provide proper installation and service, and assure the mechanical integrity of work and installations performed or supervised by the licensee;(8) not misrepresent the need for services, services to be provided, or services that have been provided;(9) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or a company to contract for services;(10) not knowingly provide air conditioning and refrigeration work for or on behalf of an unlicensed air conditioning and refrigeration contracting company, or a contracting company that does not have an affiliation with a licensed individual who supervises all air conditioning and refrigeration work as provided by Occupations Code, Chapter 1302, and this chapter;(11) only use licensed contractors, registered technicians, certified technicians, or students meeting the requirements of §75.30(a)(6) to perform maintenance work;(12) at all times provide in-person supervision, either directly or via a certified technician, to a person who is younger than 18 years of age and acting or offering to act on behalf of the licensee as an air conditioning and refrigeration technician; and(13) upon request from the applicant or the department, verify information within the licensee's knowledge regarding the practical experience of an applicant claiming to have worked under the supervision of the licensee on a form designated by the department. The licensee must provide information requested by the department within fifteen (15) calendar days of the request. The verified information must include, but is not limited to:(A) Dates during which the licensee supervised the applicant;(B) A brief description of the work performed by the applicant; and(C) The name of the business under which the applicant's work was performed.(b) A licensee may subcontract portions of work requiring a license under the Act to unlicensed persons, firms, or corporations as long as:(1) the licensee actively provides work or service which requires a license, either in person or with the licensee's employees;(2) the work or service provided in person or with the licensee's employees consists of more than accepting a contract or request for service, scheduling the work, and providing supervision of the work; and(3) the licensee is ultimately responsible to the customer for all work performed by the subcontractor.(c) The design of a system may not be subcontracted to an unlicensed person, firm or corporation.(d) A licensee who subcontracts to perform work requiring a license under the Act for an air conditioning and refrigeration contracting company is responsible to the company and the department for the mechanical integrity of all work performed by the subcontractor.(e) The licensee is responsible for all work performed under the licensee's supervision, regardless of whether the owners, officers, or managers of the air conditioning and refrigeration contracting company allow the licensee the authority to supervise, train, or otherwise control compliance with the Act.(f) A licensee may not allow another individual to use the licensee's license for any purpose.(g) A licensee may not allow any air conditioning and refrigeration contracting company with which the licensee has no business affiliation to use the licensee's license for any purpose, except as otherwise allowed by this chapter.(h) A licensee must:(1) notify the department, in writing, within thirty (30) calendar days of any change in permanent mailing address, company location, company telephone number or change in assignment of license; and(2) provide a revised insurance certificate to the department within thirty (30) calendar days of a change in the name of the company to which the license is assigned.(i) Failure to maintain insurance or failure to provide a certificate of insurance when requested is grounds for imposition of administrative penalties and/or sanctions.(j) Altering a license in any way is prohibited and is grounds for imposition of administrative penalties and/or sanctions.", "sourceNote": "Source Note: The provisions of this §75.70 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective September 1, 2004, 29 TexReg 8282; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 15, 2017, 42 TexReg 2337; amended to be effective May 1, 2018, 43 TexReg 2401; amended to be effective September 1, 2024, 49 TexReg 6449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190589", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.71", "label": "Responsibilities of the Contracting Company" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190590", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An air conditioning and refrigeration contracting company must:(1) notify the department of all licensees who have assigned their licenses to the company and must notify the department within thirty (30) calendar days when any licensee whose license is assigned to the company has left its employ;(2) furnish to the department copies of applicable assumed name registrations from the Office of the Secretary of State and/or County Clerks' office;(3) maintain records on its license holder showing payroll taxes deducted and reported to the Texas Workforce Commission, and either, hours worked each day or documentation showing that the licensee is on salary and works full time for the contracting company;(4) furnish a copy of the company's records, specified in paragraph (3) of this subsection, at the request of the department;(5) furnish to municipalities a list of authorized agents that may pull permits under the license of its license holder, and, if subcontracting jobs to other licensed air conditioning and refrigeration contracting companies, furnish a list of agents of those licensed companies that may pull permits under the license of its license holder; and(6) make available to the department in Austin, Texas, or other location designated by the department, the records relating to the business of the air conditioning and refrigeration contracting company conducted through a permanent office for a period of at least three years after completion of a job.(b) A person or an air conditioning and refrigeration contracting company that performs air conditioning and refrigeration contracting must:(1) provide proper installation and service, and assure the mechanical integrity of all work and installations;(2) not misrepresent the need for services, services to be provided, or services that have been provided; and(3) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or a company to contract for services.(c) A contracting company may subcontract portions of work requiring a license to unlicensed persons, firms, or corporations as long as:(1) the contracting company's employees, working under the supervision of the contracting company's assigned licensee actively provides work or service;(2) the work or service provided by the employees consists of more than accepting a contract or request for service, scheduling the work, and providing supervision of the work; and(3) the assigned licensee is ultimately responsible to the customer for all work performed by the subcontractor.(d) The design of a system may not be subcontracted to an unlicensed person, firm or corporation.(e) Each air conditioning and refrigeration contracting company must have a licensee employed full time for each permanent office. All work requiring a license must be under the direct supervision of the licensee for that office.(f) If an air conditioning and refrigeration contracting company uses locations other than a permanent office, those locations must be used only for air conditioning and refrigeration workers to receive instructions from the permanent office on scheduling of work, to store parts and supplies, and/or to park vehicles. These locations may not be used to contract air conditioning sales or service.(g) Each air conditioning and refrigeration contracting company must display the license number of its affiliated licensee and company name in letters not less than two inches high on both sides of all vehicles used in conjunction with air conditioning and refrigeration contracting. When an unlicensed subcontractor is at a job site not identified by a marked vehicle, the site must be identified either by a temporary sign on the subcontractor's vehicle or on a sign visible and readable from the nearest public street containing the contractor's affiliated license number and company name.(h) All advertising by air conditioning and refrigeration contracting companies designed to solicit air conditioning or refrigeration business must include the affiliated licensee's license number. The following advertising does not require the license number:(1) nationally placed television advertising, in which a statement indicating that license numbers are available upon request is used in lieu of the licensee's license number;(2) telephone book listings that contain only the name, address, and telephone number;(3) manufacturers' and distributor's telephone book trade ads endorsing an air conditioning and refrigeration contractor;(4) telephone solicitations, provided the solicitor states that the company complies with licensing requirements of the state. The affiliated licensee's number must be provided upon request;(5) promotional items of nominal value such as ball caps, tee shirts, and other gifts;(6) letterheads and printed forms for office use; and(7) signs located on the contractor's permanent business location.(i) An invoice must be provided to the consumer for all air conditioning and refrigeration work performed. The company name, address, and phone number must appear on all proposals and invoices. The affiliated licensee's number must appear on all proposals and invoices for air conditioning and refrigeration work. The following information: \"Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599, www.tdlr.texas.gov\" must be listed on:(1) proposals and invoices;(2) written contracts; and(3) a sign prominently displayed in the place of business if the consumer or service recipient may visit the place of business for service.(j) An air conditioning and refrigeration contracting company may not use a license that is not assigned to that company.(k) An air conditioning and refrigeration contracting company may only use licensed contractors, registered technicians, certified technicians, or students meeting the requirements of §75.30(a)(6) to perform maintenance work.", "sourceNote": "Source Note: The provisions of this §75.71 adopted to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective September 1, 2015, 40 TexReg 5148; amended to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190590", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.73", "label": "Responsibilities of Registered and Certified Technicians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198116", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant or certified technician must:(1) provide proper installation and service, and assure the mechanical integrity of work and installations performed;(2) not misrepresent the need for services, services to be provided, or services that have been provided;(3) not knowingly perform any non-exempt air conditioning and refrigeration maintenance work without being under the supervision of a licensed air conditioning and refrigeration contractor;(4) not knowingly provide non-exempt air conditioning and refrigeration work for or on behalf of an air conditioning and refrigeration contracting company that does not have an affiliation with a licensed individual who supervises all air conditioning and refrigeration work as provided by Occupations Code, Chapter 1302, and this chapter; and(5) not use the designation \"certified technician\" unless designated as certified by the department pursuant to §75.28, or granted an air conditioning and refrigeration technician certification by the department pursuant to §75.120.(b) A registrant or certified technician may not allow another individual to use a registration or certificate for any purpose.(c) A registrant or certified technician may not allow any air conditioning and refrigeration contracting company or any air conditioning and refrigeration contractor with which he or she is not employed to use a registration or certificate for any purpose, except as otherwise allowed by this chapter.(d) A registrant or certified technician must notify the department, in writing within thirty (30) calendar days of any change in permanent mailing address or telephone number.(e) Altering a registration or certificate in any way is prohibited and is grounds for imposition of administrative penalties and/or sanctions.(f) A registered technician is not required to be certified by the department, and may perform the same tasks as those performed by a certified technician.", "sourceNote": "Source Note: The provisions of this §75.73 adopted to be effective December 31, 2007, 32 TexReg 9963; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.75", "label": "Restricted Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220390", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person issued a restricted license in accordance with Texas Occupations Code, Chapter 51, Subchapter G, shall comply with any condition imposed by the commission or executive director.(b) A licensee shall use reasonable care to ensure that the holder of a restricted license subject to the licensee's supervision complies with any condition imposed by the commission or executive director.(c) Before performing any work, the holder of a restricted license must inform his or her employer of the conditions placed on the license.", "sourceNote": "Source Note: The provisions of this §75.75 adopted to be effective February 1, 2020, 45 TexReg 539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220390", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151210", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All application fees are non-refundable.(b) Air Conditioning and Refrigeration Contractors.(1) Contractor license application fee is $115.(2) Contractor license renewal application fee is $65.(3) Revised/Duplicate License/Certificate/Permit/Registration--$25.(4) The application fee for adding an endorsement to an existing contractor license is $25.(c) Air Conditioning and Refrigeration Technicians.(1) Registered technician application fee is $20.(2) Registered technician renewal application fee is $20.(3) Certified technician application fee is $50.(4) Certified technician renewal application fee is $35.(5) Certified technician (legacy) designation application fee is $15.(6) Revised/Duplicate License/Certificate/Permit/Registration--$15.(d) The application fee for approval or renewal of a certification training program is $90.(e) The fee for a determination under §75.125 is $90.(f) The department will waive the renewal fee for an air conditioning and refrigeration contractor or certified technician who provides proof, in a manner prescribed by the department, of having served as an instructor of a course within a career and technology education program for at least one academic semester.(g) Late renewal fees for licenses and registrations issued under this chapter are provided under §60.83.", "sourceNote": "Source Note: The provisions of this §75.80 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective December 5, 1999, 24 TexReg 10857; amended to be effective April 18, 2000, 25 TexReg 3248; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective September 1, 2001, 26 TexReg 6011; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective September 1, 2003, 28 TexReg 7366; amended to be effective December 1, 2004, 29 TexReg 11030; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective December 31, 2007, 32 TexReg 9963; amended to be effective June 1, 2008, 33 TexReg 4301; amended tobe effective December 1, 2008, 33 TexReg 9692; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective January 1, 2014, 38 TexReg 9517; amended to be effective May 1, 2018, 43 TexReg 2401; amended to be effective September 1, 2024, 49 TexReg 6449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151210", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151211", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code, Chapter 1302, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 1302; Texas Occupations Code, Chapter 51; and any associated rules.", "sourceNote": "Source Note: The provisions of this §75.90 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective December 5, 1999, 24 TexReg 10857; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective December 31, 2007, 32 TexReg 9963; amended to be effective April 1, 2011, 36 TexReg 1975." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151211", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.91", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214933", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1302 and any associated rules may be used to enforce Texas Occupations Code, Chapter 1302 and this chapter.", "sourceNote": "Source Note: The provisions of this §75.91 adopted to be effective April 1, 2011, 36 TexReg 1975." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214933", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.100", "label": "Technical Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220394", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Electrical Connections.(1) On new construction of environmental air conditioning, commercial refrigeration, and process cooling or heating systems, licensees may connect the appliance to the electrical line or disconnect that is provided for that purpose.(2) Licensees may replace and reconnect environmental air conditioning, commercial refrigeration, process cooling or heating systems, or component parts of the same or lesser amperage. On replacement environmental air conditioning, commercial refrigeration, process cooling or heating systems where the electrical disconnect has not been installed and is required by the applicable National Electrical Code, the licensee may install a disconnect and reconnect the system.(3) Control wiring of 50 volts or less may be installed and serviced by a licensee. Control wiring for commercial refrigeration equipment of any voltage may be installed by a licensee with the commercial refrigeration endorsement as long as the control wiring is on the equipment side of the disconnect installed for that purpose.(4) All electrical work shall be performed in accordance with standards at least as strict as that established by the applicable National Electrical Code and the International Residential Code, where applicable.(b) Piping.(1) Fuel gas piping for new or replaced environmental air conditioning, commercial refrigeration, or process cooling or heating systems may be installed by a licensee. Fuel gas piping by a licensee is limited to the portion of piping between the appliance and the existing piping system, connected at an existing shut-off valve for such use. Existing piping systems, stops, or shut-off valves shall not be altered by a licensee.(2) Drain piping associated with environmental air conditioning, commercial refrigeration, or process cooling or heating systems shall be installed by a licensee if it terminates outside the building. If the piping terminates inside the building, a licensee may make the connection if the connection is on the inlet side of a properly installed trap. Such drain piping shall be installed in accordance with applicable plumbing and building codes.(3) Other piping, fittings, valves and controls associated with environmental air conditioning, commercial refrigeration, or process cooling or heating systems shall be installed by a licensee.(c) Duct cleaning.(1) Duct cleaning and air quality testing, including biomedical testing, may be performed by a person or entity that does not hold a contractor license under Texas Occupations Code Chapter 1302 if:(A) the task is limited to the air distribution system, from the supply plenum to the supply grilles of the unit and from the return air grill to the air handler intake of the unit;(B) no cuts are made to ducts or plenums;(C) no changes are made to electrical connections; and(D) the only disassembly of any part of the system is opening or removal of return and supply air grilles, or registers that are removable without cutting or removing any other part of the system.(2) Biomedical testing may be performed by a person or entity that does not hold a contractor license under Texas Occupations Code, Chapter 1302.(3) Biomedical remediation requires a contractor license under Texas Occupations Code, Chapter 1302.(d) Process Cooling and Heating.(1) Process cooling and heating work does not include cryogenic work.(2) Process cooling and heating work is limited to work performed on piping and equipment in the primary closed loop portions of processing systems containing a primary process medium. Once a primary closed loop process system has been deactivated and rendered inert by a licensee, a person or entity that does not hold a contractor license under Texas Occupations Code, Chapter 1302 may perform maintenance, service and repairs on the secondary open loop components including piping, heat exchangers, vessels, cooling towers, sump pumps, motors, and fans.(e) Standards.(1) The standard for the practice of air conditioning and refrigeration in a municipality is the code the municipality adopted by ordinance that is consistent with the standards established under the Act and this chapter.(2) The standard for the practice of air conditioning and refrigeration in an area where no code has been adopted is:(A) The applicable edition of the International Residential Code for one- and two-family dwellings, and multiple single family dwellings (townhouses) not more than three stories in height with separate means of egress, together with the applicable editions of the International Fuel Gas Code and the International Energy Conservation Code;(B) For commercial work and any multiple family residential work that exceeds the limitations of subparagraph (A), the contractor performing the work may choose between:(i) the applicable edition of the Uniform Mechanical Code; or(ii) the applicable editions of the International Mechanical Code, International Fuel Gas Code and International Energy Conservation Code.(f) System Testing and Balancing.(1) System testing may be performed by a person or entity that does not hold a contractor license under Texas Occupations Code, Chapter 1302.(2) System balancing requires a contractor license under Texas Occupations Code, Chapter 1302.", "sourceNote": "Source Note: The provisions of this §75.100 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective November 5, 2001, 26 TexReg 8814; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective November 17, 2021, 46 TexReg 7782; amended to be effective December 31, 2022, 47 TexReg 7681; amended to be effective August 31, 2023, 48 TexReg 4654." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220394", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.110", "label": "Applicable Codes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220391", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective September 1, 2024, the commission adopts the following applicable codes as referenced in the Act and this chapter:(1) 2021 International Residential Code;(2) 2021 International Mechanical Code;(3) 2021 International Fuel Gas Code; and(4) 2021 Uniform Mechanical Code.(b) The 2018 codes shall remain in effect through August 31, 2024. All air conditioning and refrigeration work permitted or started before September 1, 2024, may be completed in accordance with the 2018 code editions.", "sourceNote": "Source Note: The provisions of this §75.110 adopted to be effective April 1, 2011, 36 TexReg 1975; amended to be effective August 15, 2014, 39 TexReg 5940; amended to be effective May 15, 2017, 42 TexReg 2337; amended to be effective September 15, 2017, 42 TexReg 4619; amended to be effective December 31, 2020, 45 TexReg 9509; amended to be effective September 1, 2024, 49 TexRg 6452." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220391", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.120", "label": "Certified Technician--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190593", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To obtain an air conditioning and refrigeration technician certification, an applicant must:(1) be at least 18 years old at the time of application;(2) submit a completed application on a department-approved form;(3) at the time of application, have either:(A) completed a career and technology education program;(B) completed a certification training program; or(C) performed 24 months of air conditioning and refrigeration-related work:(i) under the supervision of a licensed air conditioning and refrigeration contractor; or(ii) as part of the applicant's military occupational specialty within the armed forces of the United States;(4) pass the examination;(5) submit the required fees; and(6) complete all requirements, including passing the exam, within one year of the date the application is filed.(b) An applicant must submit the proper documentation as prescribed by the department to receive credit for the claimed amount and type of classroom instruction and practical experience.(c) An applicant who receives a certification pursuant to this section may use the designation \"certified technician.\"(d) A certification issued under this section expires on the first anniversary of the date of issuance.", "sourceNote": "Source Note: The provisions of this §75.120 adopted to be effective May 1, 2018, 43 TexReg 2401; amended to be effective September 1, 2024, 49 TexReg 6449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190593", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.121", "label": "Certified Technician--Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190594", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person must satisfy the requirements of Texas Occupations Code §1302.5036, based on the date the application is filed with the department, prior to taking an examination.(b) A passing grade is 70%.(c) A person taking an examination must comply with the department's examination requirements under, Chapter 60, Subchapter E of this title.(d) Cheating on an examination is grounds for denial, suspension, or revocation of a license and/or an administrative penalty.", "sourceNote": "Source Note: The provisions of this §75.121 adopted to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190594", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.122", "label": "Certification Training Program Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190595", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A certification training program provider must receive approval from the department before offering or providing a certification training program.(b) To obtain approval of a certification training program, an applicant shall:(1) file a completed application on a department-approved form;(2) pay all applicable fees;(3) demonstrate that the program includes a total of at least 2,000 hours of a combination of:(A) classroom instruction at a secondary school, institution of higher learning as defined by §61.003 of the Texas Education Code, or an apprenticeship program accepted by the department; and(B) practical experience in air conditioning and refrigeration-related work under the supervision of a licensed air conditioning and refrigeration contractor;(4) provide copies of course material such as textbooks, videos, tapes, handouts, study materials, and any additional documentation; and(5) provide the names and license numbers of all air conditioning and refrigeration contractors supervising program participants.(c) Department approval of certification training program is valid for one year, and may be renewed. To renew, a provider shall:(1) file a completed renewal application on a department-approved form;(2) pay all applicable fees;(3) certify that the program continues to meet the requirements of this chapter;(4) provide the department with a summary of changes to the curriculum or program materials, and provide copies of course materials upon request from the department; and(5) provide the names and license numbers of all air conditioning and refrigeration contractors supervising program participants.(d) The department may deny approval or renewal of a certification training program if a provider is past due on the payment of any administrative penalties, or provides false information on an application.(e) To determine whether a provider is complying with the requirements of this chapter, department employees and representatives may conduct audits of a provider and any certification training program offered by a provider.(f) Upon a finding that the certification training program provider has not complied with the requirements of this chapter, or that a certification training program does not meet the requirements of this chapter, the department may rescind approval of a certification training program.", "sourceNote": "Source Note: The provisions of this §75.122 adopted to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190595", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.123", "label": "Certification Training Program Provider Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220392", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No later than ten (10) days after the completion date of the certification training program, a provider must issue to each participant who completed the program a certificate that includes the following information:(1) name of the provider and number of the certification training program;(2) program completion date;(3) printed name and signature of a provider representative; and(4) name of the participant.(b) No later than ten (10) days after completion of the certification training program, a provider must submit an electronic record, in a manner and format prescribed by the department, containing the following information:(1) name of the provider and number of the certification training program;(2) program completion date; and(3) the full name of each participant who completed the program.(c) A certification training program provider must retain participant completion records for a period of two years after completion of a program.(d) Upon request, a certification training program provider shall provide information, including copies of specified records, to the department within ten (10) days of the date of the request.(e) A certification training program provider shall cooperate fully with the department in the investigation of a complaint or performance of an audit.(f) A certification training program provider may not publish false or misleading advertisements.(g) Certification training program providers are responsible for the administration of their programs, including the verification of participant attendance and performance. Providers shall ensure that their programs are administered in substantially the same manner as represented in the application for approval.(h) Certification training program providers must maintain current contact information on file with the department. This includes, at minimum, a mailing address, phone number, and license numbers of all supervising air conditioning and refrigeration contractors.", "sourceNote": "Source Note: The provisions of this §75.123 adopted to be effective May 1, 2018, 43 TexReg 2401." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220392", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.124", "label": "Career and Technology Education Program Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220393", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sections 1302.5036 and 1302.5037 of the Act provide a pathway to an air conditioning and refrigeration technician certification for persons who complete a career and technology education program. Pursuant to §1302.5037, the department is required to:(1) establish standards for the essential knowledge and skills of career and technology education programs offered in Texas public high schools; and(2) determine on a case-by-case basis whether educational programs offered by private high schools and institutions of higher education are similar to career and technology education programs offered in Texas public high schools.(b) A career and technology education program must be designed to ensure that students obtain the essential knowledge and skills set out in the following cross-referenced rules of the Texas Education Agency. The minimum number of academic credits required for each course is also noted. Students enrolled in courses identified in paragraphs (2) and (3) below must be provided hands-on practical instruction, including interactive lab work, for at least 80 percent of total classroom time. A career and technology education program may not allow students to obtain credit by examination.(1) Principles of Construction; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.43; one credit.(2) Heating, Ventilation, and Air Conditioning and Refrigeration Technology I; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.59; one credit.(3) Heating, Ventilation, and Air Conditioning and Refrigeration Technology II; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.60; two credits. Instruction regarding sheet metal and fiberglass ductwork, described in §130.60(c)(14) and (15), is optional.(4) Practicum in Construction Technology and Extended Practicum in Construction Technology; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.64 and §130.69; three total credits.(A) At least 80 percent of a student's time in a practicum must be spent outside of the classroom and working under the supervision of a department-licensed air conditioning and refrigeration contractor.(B) A high school or institution of higher education offering a career and technology education program under this section must implement procedures allowing a student to earn course credit for work performed outside of the classroom under the supervision of a department-licensed air conditioning and refrigeration contractor.(c) A career and technology education program will not be recognized by the department unless it is instructed by:(1) a department-licensed air conditioning and refrigeration contractor; or(2) a certified technician whose certification was issued on or after September 1, 2018.(d) A career and technology education program offered by an institution of higher education may not be more stringent than a program offered by a public high school.(e) The department will recognize an educational program offered by a private high school or institution of higher education as a \"career and technology education program\" for purposes of §75.120 if the department determines that the educational program substantially complies with the requirements of this section.", "sourceNote": "Source Note: The provisions of this §75.124 adopted to be effective September 1, 2024, 49 TexReg 6449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220393", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "75", "label": "AIR CONDITIONING AND REFRIGERATION" }, "rule": { "number": "§75.125", "label": "Request for Determination of Compliance with §75.124" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A private high school or institution of higher education that implements an educational program under §75.124 must request a determination whether the program substantially complies with that section's requirements by:(1) submitting the request in a manner prescribed by the department;(2) providing copies of course materials requested by the department;(3) providing the names and license numbers of all air conditioning and refrigeration contractors or certified technicians who will be supervising or instructing students; and(4) paying the applicable fee.(b) After receiving a positive determination under subsection (a), a private high school or institution of higher education must inform the department, in a manner prescribed by the department, of any substantial change to the program.(c) Upon a finding that an educational program does not substantially comply with §75.124, the department may rescind its determination.(d) A determination or decision under this section is not a contested case under Texas Government Code, Chapter 2001, and may not be appealed.", "sourceNote": "Source Note: The provisions of this §75.125 adopted to be effective September 1, 2024, 49 TexReg 6449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169021", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.1", "label": "Purpose of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190162", "queryAsDate": "03/11/2026" }, "ruleBody": "To provide procedural and substantive requirements for licensing, complaint procedures, continuing education, and technical standards for well drillers and pump installers, and to ensure the quality of the State's groundwater for the safety and welfare of the public under the Texas Occupations Code, Chapters 1901 and 1902.", "sourceNote": "Source Note: The provisions of this §76.1 adopted to be effective January 3, 1999, 23 TexReg 13059; amended to be effective December 1, 2003, 28 TexReg 10468; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190162", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174978", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Altering--The process of changing the original design or intent of a completed well.(2) Abandoned well--A well that is not in use. A well is considered to be in use if:(A) the well is not a deteriorated well and contains the casing, pump, and pump column in good condition;(B) the well is not a deteriorated well and has been capped;(C) the water from the well has been put to an authorized beneficial use, as defined by the Texas Water Code;(D) the well is used in the normal course and scope and with the intensity and frequency of other similar users in the general community; or(E) the owner is participating in the Conservation Reserve Program authorized by Sections 1231 - 1236, Food Security Act of 1985 (16 U.S.C. §§3831 - 3836), or a similar governmental program.(3) Annular space--The space between the casing and borehole wall.(4) Apprentice--An individual registered by the department to act or offer to act as a driller or installer under the supervision of, and pursuant to a training program developed by the supervising licensed driller or pump installer.(5) Atmospheric barrier--A section of cement placed from two feet below land surface to the land surface when using granular sodium bentonite as a casing sealant or plugging sealant in lieu of cement.(6) Bentonite--A sodium hydrous aluminum silicate clay mineral (montmorillonite) commercially available in powdered, granular, or pellet form which is mixed with potable water and used for a variety of purposes including the stabilization of borehole walls during drilling, the control of potential or existing high fluid pressures encountered during drilling below a water table, and to provide a seal in the annular space between the well casing and borehole wall.(7) Bentonite grout--A fluid mixture of sodium bentonite and potable water mixed at manufacturers' specifications to a slurry consistency that can be pumped through a pipe directly into the annular space between the casing and the borehole wall. Its primary function is to seal the borehole in order to prevent the subsurface migration or communication of fluids.(8) Borehole or well bore--The drilled hole.(9) Capped well--A well that is closed or capped with a covering capable of preventing surface pollutants from entering the well and sustaining weight of at least 400 pounds and constructed in such a way that the covering cannot be easily removed by hand.(10) Casing--A watertight pipe which is installed in an excavated or drilled hole, temporarily or permanently, to maintain the hole sidewalls against caving, advance the borehole, and in conjunction with cementing and/or bentonite grouting, to confine the ground waters to their respective zones of origin, and to prevent surface contaminant infiltration.(11) Cement--A neat portland or construction cement mixture of not more than seven gallons of water per 94-pound sack of dry cement, or a cement slurry which contains cement along with bentonite, gypsum or other additives.(12) Cessation of drilling--When the borehole has been drilled to total depth and casing has been placed in the borehole.(13) Chemigation--A process whereby pesticides, fertilizers or other chemicals, or effluents from animal wastes is added to irrigation water applied to land or crop, or both, through an irrigation distribution system.(14) Closed Loop Geothermal Well--A vertical closed system well used to circulate water, and other fluids or gases through the earth as a heat source or heat sink.(15) Code--Refers to Texas Occupations Code, Chapters 1901 and 1902.(16) Commingling--The mixing, mingling, blending or combining through the borehole casing annulus or the filter pack of waters that differ in chemical quality, which causes quality degradation of any aquifer or zone.(17) Completed monitoring well--A monitoring well which allows water from a single water-producing zone to enter the well bore, but isolates the single water-producing zone from the surface and from all other water-bearing zones by proper casing and/or cementing procedures. Annular space positive displacement or pressure tremie tube grouting or cementing (sealing) method shall be used when encountering injurious water or constituents above or below the zone to be monitored or if the monitoring well is greater than twenty (20) feet in total depth. The single water-producing zone shall not include more than one continuous water-producing unit unless a qualified geologist or a groundwater hydrologist has determined that all the units screened or sampled by the well are interconnected naturally.(18) Completed to produce undesirable water--A completed well which is designed to extract water from a zone which contains injurious water.(19) Completed water well--A water well, which has sealed off access of injurious water or constituents to the well bore by utilizing proper casing and annular space positive displacement or pressure tremie tube grouting or cementing (sealing) methods.(20) Constituents--Elements, ions, compounds, or substances which may cause the degradation of the soil or ground water.(21) Deteriorated well--A well that, because of its condition, will cause or is likely to cause pollution of any water in this state, including groundwater.(22) Dry litter poultry facility--Fully enclosed poultry operation where wood shavings or similar material is used as litter.(23) Easy access--Access is not obstructed by other equipment and the fitting can be removed and replaced with a minimum of tools without risk of breakage of the attachment parts.(24) Edwards aquifer--That portion of an arcuate belt of porous, water bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, Williamson, and Bell Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone, Person Formation, Kainer Formation, Edwards Formation and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally.(25) Environmental soil boring--An artificial excavation constructed to measure or monitor the quality and quantity or movement of substances, elements, chemicals, or fluids beneath the surface of the ground. The term shall not include any well that is used in conjunction with the production of oil, gas, or any other minerals.(26) Filter pack--The media that is used in the annular space around the well screen to create a filter to prevent sand or sediment from entering the well.(27) Flapper--The clapper, closing, or checking device within the body of the check valve.(28) Foreign substance--Constituents that include recirculated tailwater and open-ditch water when a pump discharge pipe is submerged in the ditch.(29) Freshwater--Water whose bacteriological, physical, and chemical properties are such that it is suitable and feasible for beneficial use.(30) Granular sodium bentonite--Sized, coarse ground, untreated, sodium based bentonite (montmorillonite) which has the specific characteristic of swelling in freshwater.(31) Grout--This term shall include cement or bentonite mixed with water, or a combination of bentonite and cement mixed with water and/or department-approved additives.(32) Injection well--This term includes:(A) an air-conditioning return flow well used to return water that has been used for heating or cooling in a heat pump to the aquifer that supplied the water;(B) a cooling water return flow well used to inject water that has been used for cooling;(C) a drainage well used to drain surface fluid into a subsurface formation;(D) a recharge well used to replenish water in an aquifer;(E) a saltwater intrusion barrier well used to inject water into a freshwater aquifer to prevent theintrusion of salt water into fresh water;(F) a sand backfill well used to inject a mixture of water and sand, mill tailings, or other solids into subsurface mines;(G) a subsidence control well used to inject fluids into a non-oil-producing or non-gas-producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water; and(H) a closed system geothermal well used to circulate water, other fluids, or gases through the earth as a heat source or heat sink.(33) Injurious water--Water that is harmful to vegetation, land or other water as set forth in §1901.254(a) and §1902.252(a) of the Code.(34) Irrigation distribution system--A device or combination of devices having a hose, pipe, or other conduit which connects directly to any water well or reservoir connected to the well, through which water or a mixture of water and chemicals is drawn and applied to land. The term does not include any hand held hose sprayer or other similar device, which is constructed so that an interruption in water flow automatically prevents any backflow to the water source.(35) Monitoring well--An artificial excavation that is constructed to measure or monitor the quantity or movement of substances below the surface of the ground, and that is not used in conjunction with the production of oil, gas, or other minerals.(36) Mud for drilling--A relatively homogenous, viscous fluid produced by the suspension of clay-size particles in water or the additives of bentonite or polymers.(37) Offering to act--Making a written or oral proposal, contracting in writing or orally to perform well drilling or pump installing work, or advertising in any form through any medium that a person or business entity is a well driller or pump installer, or that implies in any way that a person or business entity is available to contract for, act as a driller or installer, or perform well drilling or pump installing work.(38) Piezometer--A device so constructed and sealed as to measure hydraulic head at a point in the subsurface.(39) Piezometer well--A well of a temporary nature constructed to monitor well standards for the purpose of measuring water levels or used for the installation of piezometer resulting in the determination of locations and depths of permanent monitor wells.(40) Placement and preparation for operation of equipment and materials--Includes but is not limited to removing the pump.(41) Plugging--An absolute sealing of the well bore.(42) Pollution--The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water that renders the water harmful, detrimental, or injurious to humans, animals, vegetation, or property, or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any or reasonable purpose.(43) Positive Displacement method--The process in which the cement, bentonite or a combination of the two sealing materials is forced through the well casing followed by water or drilling fluids, via a mechanical pump and out through relief holes in the casing at the maximum depth of the zone to be grouted. The grout then returns under pressure to the surface through the annular space and upon curing or setting causing an annular seal.(44) Potable water--Water which is safe for human consumption in that it is free from impurities in amounts sufficient to cause disease or harmful physiological effects.(45) Public water system--A system supplying water to a number of connections or individuals, as defined by current rules and regulations of the Texas Commission on Environmental Quality, 30 TAC Chapter 290.(46) Recharge zone--Generally, that area where the stratigraphic units constituting the Edward Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such in official maps in the appropriate regional office of the Texas Commission on Environmental Quality.(47) Reconditioning--The process where a well is cleaned out to original depth and the water production is restored. This term shall include any procedures that make the well operable.(48) Re-completion--The process to bring an existing well into compliance with §76.100 or §76.105 by installing any and all sanitary seals, safeguards, casing, grouting, and the re-setting of well screens as required.(49) Recovery well--A well constructed for the purpose of recovering injurious groundwater for treatment or removal of contamination.(50) Sanitary well seal--A watertight device to maintain a junction between the casing and the pump column.(51) Test well--A well drilled to explore for groundwater.(52) Tremie pipe method--The process in which a small diameter pipe or tubing is inserted in the annular space of the well to the maximum depth of the zone to be sealed, before the grouting procedure is commenced to pump sealing material through. The tubing or pipe may be retrieved during the grouting process, causing an annular seal.(53) Water or waters in the state--Groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.(54) State of Texas Well Report (Well Log)--A log recorded on forms prescribed by the department, at the time of drilling showing the depth, thickness, character of the different strata penetrated, location of water-bearing strata, depth, size, and character of casing installed, together with any other data or information required by the executive director.", "sourceNote": "Source Note: The provisions of this §76.10 adopted to be effective November 8, 2001, 26 TexReg 8814; amended to be effective December 1, 2003, 28 TexReg 10468; amended to be effective October 1, 2004, 29 TexReg 9183; amended to be effective December 1, 2006, 31 TexReg 9604; amended to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2016, 40 TexReg 8756; amended to be effective April 1, 2018, 43 TexReg 1635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174978", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.20", "label": "Licensing Requirements--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174979", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not act or offer to act as a driller or pump installer unless the person is licensed or registered by the executive director pursuant to the Code, and this Chapter.", "sourceNote": "Source Note: The provisions of this §76.20 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2016, 40 TexReg 8756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174979", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.21", "label": "Requirements for Issuance of a Driller or Pump Installer License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216054", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant must submit a completed application, the required fee, and have the required two (2) years of experience drilling wells or installing pumps.(b) An applicant must complete all requirements within one year of the date the application is filed.(c) A licensee, not licensed to perform all types of well drilling and pump installation, may apply for endorsements. Applications for additional endorsements shall be accompanied by the appropriate application fee, and must contain all information required by this chapter for an initial license. Upon examination of the applicant's qualifications, the executive director must deny or grant additional endorsements to an existing license.(d) An applicant must have sufficient installation/drilling experience as set forth in paragraphs (1) and (2) to be eligible to take each applicable endorsement examination.(1) Drillers Endorsements--Qualifying number of installation/drillings(A) Water Wells (W)--15(B) Monitor Wells (M)--50(C) Injection Wells (N)--50(D) Dewatering Wells (D)--50(E) Closed Loop Geothermal Wells (C)--50(F) Master Driller (A)--All of the above endorsements required.(2) Pump Installer Endorsements--Qualifying number of installation/drillings(A) Single Phase Pumps (P)--15(B) 3 Phase Pumps (K)--15(C) Turbine Pump (T)--15(D) Windmill, Pump jack, hand pump--15(E) Master Installer (I)--All of the above endorsements required.(e) An applicant who has all of the endorsements in subsection (d)(1)(A) - (E) is qualified to be a master driller.(f) An applicant who has all of the endorsements in subsection (a)(2)(A) - (D) is qualified to be a master pump installer.", "sourceNote": "Source Note: The provisions of this §76.21 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2016, 40 TexReg 8756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216054", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.22", "label": "Applications for Licenses and Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160811", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application must be made on forms approved by the department.(b) The application must include the applicant's statement that he has drilled or installed pumps under supervision of a driller or pump installer licensed under the Code and this chapter.(c) The applicant is eligible to take the examination when the department determines the application and qualifications submitted meet requirements.(d) A license issued by the department is valid for:(1) one year, if the license was issued before January 1, 2024; or(2) two years, if the license was issued on or after January 1, 2024.", "sourceNote": "Source Note: The provisions of this §76.22 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2024, 48 TexReg 8356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160811", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.23", "label": "Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216055", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for an examination, the applicant must submit a completed license application and pay the required fee.(b) A person taking an examination must comply with the department's examination requirements under 16 TAC Chapter 60, Subchapter E.(c) A passing grade is 70%.", "sourceNote": "Source Note: The provisions of this §76.23 adopted to be effective March 1, 2013, 38 TexReg 1142." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216055", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.24", "label": "License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216050", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On or before the expiration date of the license, the licensee must pay a renewal fee to the department and submit an application for renewal.(b) To renew a license, the licensee must show proof of continuing education in compliance with §76.25(b).(c) A license renewed by the department is valid for:(1) one (1) year, if the license was renewed before March 1, 2024; or(2) two (2) years, if the license was renewed on or after March 1, 2024.", "sourceNote": "Source Note: The provisions of this §76.24 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2024, 48 TexReg 8356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216050", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174974", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.(b) To renew a license as a driller or pump installer, a licensee must complete continuing education courses approved by the department, which must include the following:(1) one (1) hour of instruction dedicated to the Water Well Driller/Pump Installer statutes and rules; and(2) the following number of hours of instruction dedicated to topics directly related to the water well industry, including but not limited to well and water well pump standards, geologic characteristics of the state, state groundwater laws and related regulations, well construction and pump installation practices and techniques, health and safety, environmental protection, technological advances, or business management:(A) three (3) hours for renewal before March 1, 2024; or(B) seven (7) hours for renewal on or after March 1, 2024.(c) To renew a registration as an apprentice, a registrant must complete a one (1) hour department-approved continuing education course dedicated to the Water Well Driller and Pump Installer statutes and rules.(d) The continuing education hours must have been completed within the term of the current license or registration, in the case of a timely renewal. For a late renewal, the continuing education hours must have been completed within the one (1) year period immediately prior to the date of the late renewal.(e) A licensee or registrant may not receive continuing education credit for attending the same course more than once during their license term.(f) Licensees and registrants must retain a copy of the certificate of course completion for one year after the date of completion. In conducting any inspection or investigation of the licensee or registrant, the department may examine the licensee's or registrant's records to determine compliance with this subsection.(g) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the topics listed in subsection (b), and the provider must be registered under Chapter 59 of this title.(h) A licensee whose license has been placed on \"inactive\" status pursuant to Texas Occupations Code, §51.4011 is not required to complete continuing education as required by this section until the licensee seeks to change to \"active\" status.", "sourceNote": "Source Note: The provisions of this §76.25 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2016, 40 TexReg 8756; amended to be effective January 1, 2024, 48 TexReg 8356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174974", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.26", "label": "A Person Assisting Licensed Driller or Licensed Pump Installers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216051", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person not licensed or registered to perform drilling or pump installing work may assist a licensed driller or pump installer, pursuant to the Code, provided that the unlicensed person is not primarily responsible for the drilling or installation operations, and provided that the unlicensed person:(1) performs drilling work under the direct supervision of a licensed driller who has been licensed for a minimum of two (2) years; or(2) performs pump installing work under the direct supervision of a licensed pump installer who has been licensed for a minimum of two (2) years.(b) For purposes of this Chapter and the Code, a licensed driller or pump installer provides \"direct supervision\" to an unlicensed assistant if the licensed driller or pump installer:(1) is present at the well site at all times during all drilling or pump installing operations performed by the assistant; or(2) is represented at the well site by the unlicensed assistant, capable of immediate communication with the licensed driller or pump installer at all times and the licensed driller or pump installer is no more than a reasonable distance from the well site, but no further than a two (2) hour arrival time; and(3) inspects the well site at least once in every twenty-four (24) hour period of operation.(4) The requirements of paragraphs (2) and (3) will expire June 1, 2016.(c) The supervising licensee is responsible for direct supervision of the unlicensed assistant, and for ensuring that the unlicensed assistant performs drilling or pump installing work in compliance with the Code and this Chapter.(d) Any allegation of a violation of this Chapter or the Code against an unlicensed person performing drilling or installing work as an unlicensed assistant to a driller without direct supervision, may be opened as a complaint against both the licensee responsible for supervising the unlicensed person, and the unlicensed person.(e) An unlicensed assistant may not contract, bid, advertise or accept payment for drilling or pump installing services.", "sourceNote": "Source Note: The provisions of this §76.26 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2016, 40 TexReg 8756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216051", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.27", "label": "Registration for Driller and/or Pump Installer Apprenticeship; Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174976", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who wishes to participate in a driller or installer apprentice program under the supervision of a licensed well driller and/or a licensed pump installer who has been licensed for a minimum of two (2) years, must submit a registration form to the department, provide a detailed copy of the training program, including the effective commencement and termination date, and provide proof that the licensed well driller and/or pump installer has agreed to accept the responsibility of supervising the training.(b) To qualify for an apprentice registration the person must:(1) Be at least eighteen (18) years old;(2) Participate in an apprentice program developed by a licensed driller or installer who has been licensed as a driller or installer for at least two years;(3) Submit an application on a department-approved form, and(4) Pay the registration fee.(c) The application form for an apprentice shall include:(1) the name, business address, and permanent mailing address of the apprentice;(2) the name and license number of the licensed driller and/or pump installer who will supervise the training;(3) a detailed description of the training program, including the types of wells to be drilled and/or the classifications of pumps to be installed, the effective commencement and termination dates of the program, equipment used, safety training and procedures, and experience, knowledge, and qualification benchmarks while under the apprenticeship;(4) a statement by the licensed driller and/or pump installer that the licensed driller or installer takes responsibility for the apprentice's acts under the Code and this Chapter for the activities of the apprentice associated with the training program; and(5) the signatures of the apprentice and the licensed driller and/or pump installer and the certification of the licensee and apprentice that the information provided is true and correct.(d) An apprentice registration issued by the department is valid for one year.(e) To renew an apprentice registration, an apprentice must:(1) submit an application on a department approved form;(2) show proof of continuing education in compliance with §76.25(c); and(3) pay the renewal fee.", "sourceNote": "Source Note: The provisions of this §76.27 adopted to be effective January 1, 2016, 40 TexReg 8756; amended to be effective January 1, 2024, 48 TexReg 8356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174976", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.28", "label": "Standards of Conduct- Apprentice and Supervising Licensee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169029", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registered driller or pump installer apprentice may only accept bids in the name of the supervising licensee, or perform or offer to perform well construction under the Code or this Chapter that the supervising licensee authorizes in writing pursuant to the apprentice program.(b) A supervising licensee shall determine the manner and type of supervision for every apprentice under his supervision.(c) A supervising licensee is ultimately responsible for the drilling of a well or installation of a pump according to the Code and this Chapter. The licensee shall supervise the drilling activities of an apprentice, pursuant to the Code, this Chapter and the written apprentice program developed by the licensee.(d) A registered driller or pump installer apprentice may not act or offer to act as a driller or pump installer except under the authority of a licensed driller or pump installer and according to the supervising driller or pump installer's direction.(e) A registered apprentice who is not currently participating in an apprentice program, may assist a licensed driller or installer as an unlicensed assistant, under direct supervision pursuant to §76.26 of this title.(f) A driller or pump installer apprentice must have the registration issued by the department in his possession at all times and must present the registration upon request.(g) A complaint alleging a violation of this Chapter and the Code involving a person performing work as an apprentice, may be opened against both, the apprentice and the supervising licensee for failing to properly supervise the apprentice.(h) A licensed driller or installer shall notify the department in writing within 10 days of the termination of a registered apprentice.", "sourceNote": "Source Note: The provisions of this §76.28 adopted to be effective January 1, 2016, 40 TexReg 8756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169029", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190163", "queryAsDate": "03/11/2026" }, "ruleBody": "The following are not required to obtain a license under the Code.(1) Any person who, pursuant to 30 TAC Chapter 334, Subchapter I, possesses a Class A or Class B Underground Storage Tank (UST) Installers' license who drills observation wells within the backfill of the original excavation for UST's, including associated piping and pipe trenches (tank plumbing and piping), to a depth of no more than two feet below the tank bottom. However, if the total depth exceeds twenty (20) feet below ground surface, a licensed driller is required to drill the well.(2) Any person who drills environmental hand auger soil borings no more than ten (10) feet in depth.(3) Any person who installs or repairs water well pumps and equipment on his own property, or on property that he has leased or rented, for his own use.", "sourceNote": "Source Note: The provisions of this §76.30 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190163", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.62", "label": "Responsibilities of the Department--Injurious Water or Constituents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169031", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within forty-five (45) days after receipt of an Injurious Water or Constituents Report, as described in §76.71, the department shall review the well report for corrective actions taken by the driller.(b) If after its review, the department determines that no corrective actions have been taken, the department shall within thirty (30) days of making that determination, notify in writing the person having the well drilled, deepened or altered, to inform the person that the driller is required by law to ensure that the well is plugged, repaired or completed under the standards and procedures in this chapter.", "sourceNote": "Source Note: The provisions of this §76.62 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective April 1, 2018, 43 TexReg 1635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169031", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.65", "label": "Advisory Council" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216052", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All notices of regular or special meetings of the council will be sent to the residential address of council members as recorded in the official records of the council and department.(b) The presiding officer shall preside at all council meetings and shall not vote except to break a tie vote.(c) In the absence of the presiding officer, the members present shall choose one member to act as presiding officer.(d) The permanent or temporary presiding officer may appoint any member of the council present to act for any other officer of the council who is not present.", "sourceNote": "Source Note: The provisions of this §76.65 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216052", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.70", "label": "Responsibilities of the Licensee--State Well Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169033", "queryAsDate": "03/11/2026" }, "ruleBody": "Every well driller who drills, deepens, or alters a well, within this state shall record and maintain a legible and accurate State of Texas Well Report on a department-approved form. Each copy of a State of Texas Well Report, other than a department copy, shall include the name, mailing address, web address and telephone number of the department.(1) Not later than the 60th day after the date of the completion or cessation of drilling, deepening, or otherwise altering the well, the driller shall deliver a copy of the well log to:(A) The department, by transmitting electronically through the Texas Well Report Submission and Retrieval System;(B) The owner of the well or the person for whom the well was drilled; and(C) The groundwater conservation district in which the well is located, if any.(2) Each State of Texas Well Report and Plugging Report shall include the specific geographic coordinates with the longitude and latitude of the subject well.(3) The person that plugs a well shall, within thirty (30) days after plugging is complete, transmit electronically through the Texas Well Report Submission and Retrieval System or deliver or send by first-class mail, a copy of the State of Texas Plugging Report to the department. The person that plugs the well shall deliver, transmit electronically, or send by first-class mail a copy of the State of Texas Plugging Report to the groundwater conservation district in which the well is located, if any. The person that plugs the well shall deliver, transmit electronically, or send by first-class mail a copy of the State of Texas Plugging Report to the owner or person for whom the well was plugged.(4) The department shall furnish State of Texas Plugging Reports on request.(5) The executive director shall prescribe the contents of the State of Texas Plugging Reports.", "sourceNote": "Source Note: The provisions of this §76.70 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2016, 40 TexReg 8756; amended to be effective April 1, 2018, 43 TexReg 1635; amended to be effective January 1, 2024, 48 TexReg 8356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169033", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.71", "label": "Responsibilities of the Licensee--Reporting Injurious Water or Constituents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190165", "queryAsDate": "03/11/2026" }, "ruleBody": "Each well driller or installer shall, within twenty-four (24) hours of becoming aware of the existence of injurious water or constituents, inform the landowner or person having a well drilled, deepened, or otherwise altered. The well driller or installer shall, within thirty (30) days of becoming aware of the existence of injurious water or constituents transmit electronically through the Texas Well Report Submission and Retrieval System or deliver or send by certified mail, the original of the Injurious Water or Constituents Report to the department. The well driller or installer shall also deliver or send by first-class mail a copy of the Injurious Water or Constituents Report to the groundwater conservation district in which the well is located, if any, and the landowner or person having the well drilled, deepened, or altered.", "sourceNote": "Source Note: The provisions of this §76.71 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190165", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.72", "label": "Responsibilities of the Licensee and Landowner--Well Drilling, Completion, Capping and Plugging" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160819", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All well drillers, installers and persons having a well drilled, deepened or altered, and persons in possession of abandoned or deteriorated wells, shall adhere to the provisions of the Code and this chapter prescribing the location of wells and proper drilling, completion, capping, repairing and plugging.(b) A licensed driller shall ensure that when injurious water or constituents are knowingly encountered, the well is plugged or is converted into a properly completed monitoring well as defined in §76.10(35), and under the standards set forth in §76.104.(c) A driller must comply with applicable requirements of the Texas Commission on Environmental Quality rules under 30 TAC Chapter 331, if injurious water or constituents are encountered while drilling a Class V Injection well.(d) If a landowner, or person having the well drilled, deepened or altered refuses to allow a licensed driller or installer access to the well which requires plugging, capping, repairing or completion or otherwise precludes the driller or installer from plugging, capping, repairing or completing a well where injurious constituents or water have been encountered, the driller shall, within forty-eight (48) hours of the refusal, file a signed statement to that effect with the department and provide a copy of the statement to the local groundwater conservation district. The statement shall indicate that:(1) the driller, installer or person under his supervision, encountered injurious water or constituents while drilling the well;(2) the driller or installer has informed the person having the well drilled, deepened or otherwise altered that injurious water or constituents were encountered and that the well must be plugged or completed pursuant to Texas Occupations Code, §1901.254 or §1902.253, and this chapter;(3) the person or landowner having the well drilled, deepened or altered has denied the driller or installer access to the well;(4) the reason, if known, for which access has been denied; and(5) if known, whether the person having the well drilled, deepened or otherwise altered intends to have the well plugged or completed.(e) A deteriorated well must be plugged. An abandoned well must be either capped or plugged. If a landowner or person who possesses an abandoned or deteriorated well fails to have the well plugged or capped under standards and procedures adopted by the commission within one hundred eighty (180) days from learning of its condition, the department shall notify the local groundwater conservation district and the department may initiate a contested case against the landowner or person for a violation of Texas Occupations Code, §1901.255.(f) It is the responsibility of a landowner or person in possession of a well that is open at the surface, to have the well capped under standards set forth in §76.104, unless subsection (g) of this section applies.(g) The driller of a newly-drilled well shall place a cover or cap which is not easily removed over the boring or casing if the well is intended to be left unattended without a pump installed. It shall be the responsibility of the pump installer to place a cap over the casing which is not easily removable if the well is intended to be left unattended with the pump removed.", "sourceNote": "Source Note: The provisions of this §76.72 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective April 1, 2018, 43 TexReg 1635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160819", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.73", "label": "Responsibilities of the Licensee--Standards of Completion for Public Water System Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169035", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed well driller shall complete a well intended for use with a public water system in accordance with 30 TAC Chapter 290 (Rules and Regulations for Public Water Systems) and any other local or regional regulations.(b) The landowner or person having the well drilled, deepened or altered that is intended for use as a part of a public water system shall comply with 30 TAC Chapter 290 and any other local or regional regulations.", "sourceNote": "Source Note: The provisions of this §76.73 adopted to be effective March 1, 2013, 38 TexReg 1142." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169035", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.74", "label": "Responsibilities of the Licensee--Marking Vehicles and Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160821", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees shall mark their well rigs and pump installer vehicles used by them or their employees in the well drilling or pump installer business with legible and plainly visible identification numbers.(1) The identification number to be used on rigs and vehicles shall be the licensee's license number.(2) License numbers shall be printed, upon each side of every well rig or pump installer vehicle, not less than two (2) inches high and in a color sufficiently different from the color of the vehicle or equipment so that the license number shall be plainly visible.(3) A licensee shall have thirty (30) days from the date a license is issued to properly mark all well rigs or pump installer vehicles used by him or his employees as provided in paragraphs (1) and (2).", "sourceNote": "Source Note: The provisions of this §76.74 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160821", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.75", "label": "Responsibilities of the Licensee--Representations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169036", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No licensee shall offer to perform services unless such services can be competently performed.(b) A licensee shall accurately and truthfully represent to a prospective client the licensee's qualifications and the capabilities of the equipment to perform the services to be rendered.(c) A licensee shall neither perform nor offer to perform services for which the licensee is not qualified by experience or knowledge in any of the technical fields involved.(d) A licensee shall not enter into a partnership or any agreement with a person, not legally qualified to perform the services to be rendered, and who has control over the licensee's equipment and/or independent judgment as related to construction, alteration, or plugging of a well or installation of pumps or equipment in a well.(e) A licensee shall not make false, misleading, or deceptive representations.(f) A licensee shall make known to prospective clients, all adverse, or suspicions of adverse conditions concerning the quantity or quality of groundwater in the area. If there is any uncertainty regarding the quality of water in any well, the licensee shall recommend that the client have the suspected water analyzed.", "sourceNote": "Source Note: The provisions of this §76.75 adopted to be effective March 1, 2013, 38 TexReg 1142." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169036", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.76", "label": "Responsibilities of the Licensee--Unauthorized Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174981", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall inform the department of any unauthorized well drilling or pump installation practice of which the licensee has knowledge.(b) A licensee shall not aid or abet an unlicensed person to unlawfully drill or offer to drill wells or install pump equipment.(c) A licensee shall, upon request of the department, furnish any information the licensee possesses concerning any alleged violation of the Code or this chapter.(d) A licensee shall have the following information on all proposals and invoices given to consumers: Regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, Ext.7880, (512) 463-7880, www.tdlr.texas.gov.", "sourceNote": "Source Note: The provisions of this §76.76 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174981", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.78", "label": "Responsibilities of the Licensee--Adherence to Manufacturer's Recommended Well Construction Materials and Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216053", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless waived by the landowner, a licensee shall use a manufacturer's well screen, and select the correct slot size for the screen in the installation of a domestic (household use) or landscape irrigation water well to prevent sand or sediment from entering the well.(b) The waiver must be on a department-approved form, signed by the landowner or person having the well drilled and the driller, and presented to the landowner.(c) A licensee shall adhere to manufacturers' recommended pump sizing and wiring specifications.(d) A licensee shall select the proper hydraulic collapse pressure for casing to be installed.", "sourceNote": "Source Note: The provisions of this §76.78 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective January 1, 2016, 40 TexReg 8756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216053", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160830", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application Fees(1) Driller license--$430(2) Installer license--$430(3) Combination Driller and Installer license--$650(4) Apprentice registration--$65(5) Combination Apprentice registration--$115(b) Renewal Fees(1) Driller license--$215 for renewal before March 1, 2024; $430 for renewal on or after March 1, 2024(2) Installer license--$215 for renewal before March 1, 2024; $430 for renewal on or after March 1, 2024(3) Combination Driller and Installer license--$325 for renewal before March 1, 2024; $650 for renewal on or after March 1, 2024(4) Apprentice registration--$65(5) Combination Apprentice registration--$115(6) Late renewal fees for licenses issued under this Chapter are provided in §60.83 of this title.(c) Lost, revised, or duplicate license--$25(d) Adding an endorsement to a current license--$25(e) Variance request fee--$100(f) Inactive License Status(1) The fee for an inactive license--No charge.(2) The fee to renew a license marked \"inactive\" is the renewal fee as stated in subsection (b).(3) The fee to change from an inactive license to an active license is $25.", "sourceNote": "Source Note: The provisions of this §76.80 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective January 1, 2016, 40 TexReg 8756; amended to be effective January 1, 2024, 48 TexReg 8356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160830", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.90", "label": "Disciplinary Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190166", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates the Texas Occupations Code, Chapters 51, 1901 and 1902, or a rule or order of the executive director or commission, proceedings may be instituted to impose administrative sanctions and/or recommend administrative penalties in accordance with the Code or Texas Occupations Code, Chapter 51, and Chapter 60 of this title.", "sourceNote": "Source Note: The provisions of this §76.90 adopted to be effective March 1, 2013, 38 TexReg 1142." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190166", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.100", "label": "Technical Requirements--Locations and Standards of Completion for Wells" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190167", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Wells shall be completed in accordance with the following specifications and in compliance with the local groundwater conservation district rules or incorporated city ordinances.(1) Siting Method. A well shall be located a minimum horizontal distance of one hundred fifty (150) feet from any concentrated sources of potential contamination such as, but not limited to, existing or proposed livestock or poultry yards, cemeteries, pesticide mixing/loading facilities, and privies, except in the case of monitoring, dewatering, piezometer, and recovery wells which may be located where necessity dictates. A well shall be located a minimum horizontal distance of one hundred (100) feet from an existing or proposed septic system absorption field, septic system spray area, a dry litter poultry facility and fifty (50) feet from any adjacent property line provided the well is located at the minimum horizontal distance from the sources of potential contamination.(2) A well shall be located a minimum horizontal distance of fifty (50) feet from any water-tight sewage and liquid-waste collection facility except in the case of monitoring, dewatering, piezometer, and recovery wells which may be located where necessity dictates.(3) A well shall be located at a site not generally subject to flooding; provided however, that if a well must be placed in a flood-prone area, it shall be completed with a watertight sanitary well seal, so as to maintain a junction between the casing and pump column, and a steel sleeve extending a minimum of thirty-six (36) inches above ground level and twenty-four (24) inches below the ground surface.(4) A driller is not required to adhere to the property line distance requirements if:(A) the well is located within a groundwater conservation district, and the district's rules regulate the spacing of wells;(B) the well is located on property that has restrictions regulating the spacing of wells and on-site sewage systems; or(C) public wastewater treatment is provided and utilized by the owner.(b) Alternative siting methods:(1) Unless the well is drilled within the Edwards Aquifer, the distances given for separation of wells from sources of potential contamination in subsection (a)(1) may be decreased to a minimum of fifty (50) feet provided the well is cemented with positive displacement technique to a minimum of one hundred (100) feet to surface or the well is tremie pressure filled to the depth of one hundred (100) feet to the surface provided the annular space is three (3) inches larger than the outside diameter of the casing. For wells less than one hundred (100) feet deep, the cement slurry, bentonite grout, or bentonite column shall be placed to the top of the production zone. In areas of shallow, unconfined groundwater aquifers, the cement slurry, bentonite grout, or bentonite column need not be placed below the production zone. In areas of shallow, confined groundwater aquifers having artesian head, the cement slurry, bentonite grout, or bentonite column need not be placed below the top of the water-bearing strata.(2) A well that is cemented with positive displacement technique to a minimum of one hundred (100) feet to surface or a well that is tremie pressure filled to the depth of one hundred (100) feet to the surface (provided the annular space is three (3) inches larger than the outside diameter of the casing may encroach up to five (5) feet of the adjacent property line. For wells less than one hundred (100) feet deep, the cement slurry, bentonite grout, or bentonite column shall be placed to the top of the producing layer. In areas of shallow, unconfined groundwater aquifers having artesian head, the cement slurry, bentonite grout, or bentonite column need not be placed below the top of the water production zone.(c) Drilling the well(1) All wells shall be completed so that aquifers or zones containing waters that differ in chemical quality are not allowed to commingle in the casing, borehole annulus or the filter pack and cause quality degradation of any aquifer or zone. When aquifers or zones of lesser quality are overlying the production aquifer or zone, the borehole annulus shall be pressure grouted with bentonite or cement from the top of the production zone back to the surface unless formations make total grouting impossible or impractical. In this case the entire borehole annulus which is groutable shall be grouted and sealed including proper surface annular grouting and completion.(2) The well casing shall be capped or completed in a manner that will prevent pollutants from entering the well.(3) Each licensee shall use potable water in drilling fluids.(4) Each licensed well driller drilling, deepening, or altering a well shall keep any drilling fluids, tailings, cuttings or spoils contained in such a manner so as to prevent spillage onto any property not under the jurisdiction or control of the well owner without the property owner's written consent.(5) Each licensed well driller drilling, deepening, or altering a well shall prevent the spillage of any drilling fluids, tailings, cuttings or spoils into any body of surface water.(6) A test well that is drilled for exploring for groundwater shall not be open at the surface or allowing water zones of different chemical qualities to commingle and must be completed or plugged within six (6) months of drilling.(7) Water wells located within public water supply system sanitary easements must be constructed to public well standards pursuant to 30 TAC Chapter 290.(d) Casing the well(1) The driller casing a well shall install a watertight pipe, temporarily or permanently to maintain the hole sidewalls against caving, advance the borehole, and in conjunction with cementing and/or bentonite grouting, confine the groundwater to their respective aquifer or zone of origin, to prevent surface contaminant infiltration.(2) Only the following casing materials may be used for a water well:(A) Plastic casing--National Sanitation Foundation (WSF-WC) or American Society of Testing Material (ASTM) F-480 minimum SDR 26 approved water well casing;(B) Steel casing--New ASTM A-53Grade or better, and have a minimum weight and thickness of American National Standards Institute (ANSI) schedule 10; or(C) Fiberglass Casing--National Sanitation Foundation sixty-one (NSF-61) and American Society of Testing Material (ASTM) D2996 approved Filament Wound fiberglass casing (Glass-Fiber-Reinforced Thermosetting-Resin pipe.)(D) Monitoring wells may use other materials, such as flouropolymer (Teflon), glass fiber reinforced epoxy, or various stainless steel alloys;(e) Annular Seal. The annular space to a minimum of ten (10) feet shall be three (3) inches larger in diameter than the outside diameter of the casing and filled from ground level to a depth of not less than ten (10) feet below the land surface or well head with cement slurry, bentonite grout, or eight (8) feet solid column of granular sodium bentonite topped with a two (2) foot cement atmospheric barrier, except in the case of monitoring, dewatering, piezometer, and recovery wells when the water to be monitored, recovered, or dewatered is located at a more shallow depth. In that situation, the cement slurry, or bentonite column shall only extend down to the level immediately above the monitoring, recovery or dewatering level.(f) Surface Completion(1) In all wells where plastic casing is used, except when a steel or polyvinyl chloride (PVC) sleeve or pitless adapter, as described in subsection (g) is used, a concrete slab or sealing block shall be placed above the cement slurry around the well at the ground surface.(2) The slab or block shall extend laterally at least two (2) feet from the well in all directions and have a minimum thickness of four (4) inches and should be separated from the well casing by a plastic or mastic coating or sleeve to prevent bonding of the slab to the casing.(3) The surface of the slab shall be sloped to drain away from the well.(4) The top of the casing shall extend a minimum of twelve (12) inches above the land surface except in the case of monitoring wells when it is impractical or unreasonable to extend the casing above the ground. Monitoring wells shall be placed in a waterproof vault, the rim of which extends two (2) inches above the ground surface and a sloping cement slurry shall be placed a minimum of twelve (12) inches from the edge of the vault and two (2) feet below the base of the vault between the casing and the wall of the borehole to prevent surface pollutants from entering the monitoring well. The well casing shall have a locking cap that will prevent pollutants from entering the well. The annular space of the monitoring well shall be sealed with an impervious bentonite or similar material from the top of the interval to be tested to the cement slurry below the vault of the monitoring well.(5) The well casing of a temporary monitoring well shall have a locking cap and the annular space shall be sealed from zero (0) to one (1) foot below ground level with an impervious bentonite or similar material; and after forty-eight (48) hours, the well must be completed in accordance with this section or plugged in accordance with §76.104.(6) The annular space of a closed loop geothermal well used to circulate water or other fluids shall be backfilled to the total depth with impervious bentonite or similar material, closed loop injection well where there is no water or only one zone of water is encountered you may use sand, gravel or drill cuttings to back fill up to ten (10) feet from the surface. The top ten (10) feet shall be filled with impervious bentonite or similar materials and shall meet the standards pursuant to Texas Commission on Environmental Quality 30 TAC Chapter 331.(g) Alternative Surface Completion. In wells where a steel or PVC sleeve is used:(1) The steel sleeve shall be a minimum of 3/16 inches in thickness and shall be a minimum of twenty-four (24) inches in length. The plastic sleeve shall be a minimum of Schedule 80 sun resistant or SDR 17 sun resistant and be twenty-four (24) inches in length, and either sleeve used shall extend twelve (12) inches into the cement, except when steel casing or a pitless adapter as described in paragraph (2) is used. The casing shall extend to a minimum of twelve (12) inches above the land surface, and the steel/plastic sleeve's inside diameter shall be two (2) inches larger in diameter than the outside diameter of the plastic casing being used and filled entirely with cement; or(2) A slab or block as described in subsection (f) is required above the cement slurry except when steel casing or a pitless adapter is used. Pitless adapters may be used in such wells, provided that:(A) the adapter is welded to the casing or fitted with another suitably effective seal;(B) the annular space between the borehole and the casing is filled with cement to a depth not less than twenty (20) feet below the adapter connection; and(C) in lieu of cement, the annular space may be filled with a solid column of granular sodium bentonite to a depth of not less than twenty (20) feet below the adapter connection.(h) Unless waived in writing by the landowner, a new, repaired or reconditioned well or pump installation or repair on a well that is used to supply water for human consumption, shall be properly disinfected.", "sourceNote": "Source Note: The provisions of this §76.100 adopted to be effective September 15, 2014, 39 TexReg 7090; amended to be effective January 1, 2016, 40 TexReg 8756; amended to be effective April 1, 2018, 43 TexReg 1635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190167", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.101", "label": "Technical Requirements--Standards of Completion for Water Wells Encountering Water Injurious to Vegetation, Land or Other Water" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169039", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon encountering water injurious to vegetation, land, or other water, a driller or installer shall:(1) comply with the notification requirements of §1901.254 and §1902.252 of the Code; and(2) as quickly as possible, plug, repair or properly complete the well pursuant to the standards adopted by the commission in order to avoid injury or pollution.(b) The driller may, subject to the consent of the landowner or person having the well drilled, make the well into a completed monitoring well or into a well otherwise producing injurious water in accordance with §76.102.(c) If a driller encounters injurious water and the well is not plugged or made into a completed monitoring well producing injurious water, the driller shall ensure that the well drilled, deepened or altered is completed as quickly as possible as follows:(1) When injurious water is encountered in a water well, the injurious water shall be sealed off and confined to the zone(s) of origin.(2) When injurious water is encountered in a zone overlying fresh water, the driller shall case the water well from the production zone back to the land surface to ensure the protection of water quality.(3) The annular space between the casing and the wall of the borehole shall be pressure grouted with positive displacement technique or the well is tremie pressured filled provided the annular space is three inches larger than the casing with cement or bentonite grout from the production zone to the land surface to ensure the protection of groundwater. Bentonite grout may not be used if a water zone contains chlorides above one thousand five hundred (1,500) parts per million (milligrams per liter) or if hydrocarbons are present.(4) When injurious water is encountered in a zone underlying a fresh water zone, the part of the wellbore opposite the injurious water zone shall be filled with pressured cement or bentonite grout to the bottom of the production zone to prevent the entrance of the injurious water into the water well. Bentonite grout may not be used if a water zone contains chlorides above one thousand five hundred (1,500) parts per million (milligrams per liter) or if hydrocarbons are present.(5) For class V injection wells that encounter injurious water, the driller must comply with applicable requirements of the Texas Commission on Environmental Quality 30 TAC Chapter 331.(d) Upon encountering water that may not be injurious to vegetation, land or other water but has the potential to cause pollution if commingled with fresh water or water from a different production zone, a driller or installer shall, as soon as possible, notify the landowner, or person having the well drilled, and ensure that the water is sealed off and confined to the zone of origin.", "sourceNote": "Source Note: The provisions of this §76.101 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective April 1, 2018, 43 TexReg 1635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169039", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.102", "label": "Technical Requirements--Standards for Wells Producing Water Injurious to Vegetation, Land or Other Water" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169040", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Wells completed to produce injurious water shall be cased to prevent the mixing of water or constituent zones.(b) The annular space between the casing and the wall of the borehole shall be pressured grouted with cement or bentonite grout to the land surface. Bentonite grout may not be used if a water zone contains chloride water above one thousand five hundred (1,500) parts per million (milligrams per liter) or if hydrocarbons are present.(c) Wells producing injurious water shall be completed in such a manner that will not allow injurious fluids to flow onto the land surface.", "sourceNote": "Source Note: The provisions of this §76.102 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169040", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.103", "label": "Technical Requirements--Re-completions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169041", "queryAsDate": "03/11/2026" }, "ruleBody": "The landowner shall have the continuing responsibility of ensuring that a well does not allow the commingling of injurious water with fresh water through the wellbore to other porous strata.(1) If a well allows the commingling of injurious water and fresh water or the unwanted loss of water, and the casing in the well cannot be removed and the well re-completed in accordance with the applicable rules, the casing in the well shall be perforated and squeeze cemented in a manner that will prevent the commingling or loss of water. If such a well has no casing then the well shall be cased and cemented, or plugged in a manner that will prevent commingling or loss of water.(2) The executive director may direct the landowner to take proper steps to prevent the commingling of injurious water with fresh water, or the unwanted loss of water.", "sourceNote": "Source Note: The provisions of this §76.103 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169041", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.104", "label": "Technical Requirements--Standards for Capping and Plugging of Wells and Plugging Wells that Penetrate Injurious Water Zones" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190168", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All wells which are required to be plugged or capped under Texas Occupations Code, Chapters 1901 and 1902 or this chapter shall be plugged and capped by a licensee or well owner in accordance with the following specifications and in compliance with the local groundwater conservation district rules or incorporated city ordinances:(1) all removable casing shall be removed from the well;(2) any existing surface completion shall be removed;(3) the entire well pressure filled via a tremie pipe with cement from bottom up to the land surface;(4) In lieu of the procedure in paragraph (3), the well shall be pressure filled via a tremie tube with clean bentonite grout of a minimum 9.1 pounds per gallon weight followed by a cement plug extending from land surface to a depth of not less than two (2) feet, or if the well to be plugged has one hundred (100) feet or less of standing water the entire well may be filled with a solid column of 3/8 inch or larger granular sodium bentonite hydrated at frequent intervals while strictly adhering to the manufacturers' recommended rate and method of application. If a bentonite grout is used, the entire well from not less than two (2) feet below land surface may be filled with the bentonite grout. The top two (2) feet above any bentonite grout or granular sodium bentonite shall be filled with cement as an atmospheric barrier. Bentonite grout may not be used if a water zone contains chlorides above one thousand five hundred (1,500) ppm or if hydrocarbons are present.(5) Injurious water shall be isolated from the fresh water zone(s) with cement plugs and the remainder of the wellbore filled with neat cement or clean bentonite grout of a minimum 9.1 weight followed by a cement plug extending from land surface to a depth of not less than two (2) feet.(b) Large hand dug and bored wells thirty-six (36) inches or greater in diameter to one hundred (100) feet in depth may be plugged by back filling with compacted clay or caliche to surface. All removable debris shall be removed from the well. If the well contains standing water, it shall be chlorinated by adding chlorine bleach at a rate of one (1) gallon of bleach for every five hundred (500) gallons of standing water. The backfill material shall be mounded above the surrounding surface to compensate for settling.(c) Wells which do not encounter groundwater (dry holes) may be plugged by backfilling with drill cuttings from total depth to the surface. The backfill material shall be mounded above the surrounding surface to compensate for settling.(d) A non-deteriorated well which contains casing in good condition and is beneficial to the landowner can be capped with a covering capable of preventing surface pollutants from entering the well and sustaining weight of at least four hundred (400) pounds and constructed in such a way that the covering cannot be easily removed by hand.(e) For the purpose of plugging a well, any licensee or landowner can remove the pump.", "sourceNote": "Source Note: The provisions of this §76.104 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190168", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.105", "label": "Technical Requirements--Standards for Water Wells (Drilled before June 1, 1983)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Wells drilled prior to June 1, 1983, unless abandoned, shall be grandfathered from this chapter without further modification unless the well is found to be a threat to public health and safety or to groundwater quality. A threat to public health and safety or to groundwater quality shall include, but is not limited to the following:(1) annular space around the well casing is open at or near the land surface;(2) an unprotected opening into the well casing that is above ground level;(3) top of well casing below known flood level and not appropriately sealed;(4) deteriorated well casing allowing commingling of aquifers or zones of water of different quality;(5) water wells with the well head below ground level; and(6) water wells located within fifty (50) feet of a source of contamination which affects the quality of water produced by the well.(b) If the annular space around the well casing is not adequately sealed as set forth in this section, it shall be the responsibility of each licensed driller or licensed pump installer to inform the landowner that the well is considered to be a deteriorated well and must be recompleted when repairs are made to the pump or well in accordance with this chapter, and the following specifications.(1) The well casing shall be excavated to a minimum depth of four (4) feet and the annular space shall be filled from ground level to a depth of not less than four (4) feet below the land surface with cement. The cement filling shall be a minimum thickness of three (3) inches larger than the outside diameter of the casing. In areas of shallow, unconfined groundwater aquifers, the cement need not be placed below the static water level. In areas of shallow, confined groundwater aquifers having artesian head, the cement need not be placed below the top of the water bearing strata.(2) A cement slab or sealing block shall be placed above the cement around the well at the ground surface except when a pitless adapter as described in §76.100(c)(2) or a steel or plastic sleeve as described in §76.100(c)(1) is used.(A) The slab or block shall extend laterally at least two (2) feet from the well in all directions and have a minimum thickness of four inches.(B) The surface of the slab shall be sloped to drain away from the well.(C) The top of the casing shall extend a minimum of twelve 12 inches above ground level or thirty six 36 inches above known flood prone areas and unprotected openings into the well casing that is above ground shall be sealed water tight.(3) If deteriorated well casing is allowing commingling of aquifers or zones of water of different quality and causing degradation of any water including groundwater, the well shall be plugged according to §76.104 or repaired. Procedures for repairs shall be submitted to the department for approval prior to implementation.(c) Well covers shall be capable of supporting a minimum of four hundred 400 pounds and constructed in such a way that they cannot be easily removed by hand.(d) This section shall not apply to a public water supply system well.", "sourceNote": "Source Note: The provisions of this §76.105 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective April 1, 2018, 43 TexReg 1635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169042", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.106", "label": "Technical Requirements--Water Distribution and Delivery Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190169", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensee shall inform the landowner and well owner that the landowner and well owner are responsible for complying with the rules and regulations under the standards set forth in this chapter.(b) A buried discharge line between the pump discharge and the pressure tank or pressure system in any installation, including a deep well turbine or a submersible pump, shall not be under negative pressure at any time. With the exception of jet pumps, a check valve or an air gap shall be installed in a water line between the well casing and the pressure tank. Either a check valve or an air gap, as applicable, shall be required on all irrigation well pumps whenever a pump is installed or repaired. All wells shall have either a check valve, or an air gap as applicable.(c) Wells shall be vented with watertight joints except as provided by subsection (b), and shall comply with the following:(1) The casing vent shall be screened and pointed downward.(2) Vents may be offset provided they meet the provisions of this rule.(3) Toxic or flammable gases, if present, shall be vented from the well. The vent shall extend to the outside atmosphere above the roof level at a point where the gases will not produce a hazard.", "sourceNote": "Source Note: The provisions of this §76.106 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190169", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.107", "label": "Technical Requirements--Chemical Injection, Chemigation, and Foreign Substance Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169044", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All irrigation distribution systems or water distribution systems into which any type of chemical (except disinfecting agents) or other foreign substances will be injected into the water pumped from water wells shall be equipped with an in-line, automatic quick-closing check valve capable of preventing pollution of the ground water. The required equipment shall be installed on all systems whenever a pump is installed or repaired, or at the time of a chemical injection, Chemigation or foreign substance unit is added to a water delivery system, if the well has a chemical injection, Chemigation, or foreign substance unit in the delivery system. The type of check valve installed shall meet the specifications listed in subsections (b) - (h).(b) The body of the check valve shall be constructed of cast iron, stainless steel, cast aluminum, cast steel, or of a material and design that provides a sturdy integrity to the unit and is resistant to the foreign substance being injected. All materials shall be corrosion resistant or coated to prevent corrosion. The valve working pressure rating shall exceed the highest pressure to which the valve will be subjected.(c) The check valve shall contain a suitable automatic, quick-closing and tight-sealing mechanism designed to close at the moment water ceases to flow in the downstream or output direction. The device shall, by a mechanical force greater than the weight of the closing device, provide drip-tight closure against reverse flow. Hydraulic backpressure from the system does not satisfy this requirement.(d) The check valve construction should allow for easy access for internal and external inspection and maintenance. All internal parts shall be corrosion resistant. All moving parts shall be designed to operate without binding, distortion, or misalignment.(e) The check valve shall be installed in accordance with the manufacturer's specifications and maintained in a working condition during all times in which any fertilizer, pesticide, chemical, animal waste, or other foreign substance is injected into the water system. The check valve shall be installed between the pump discharge and the point of chemical injection or foreign substance injection.(f) A vacuum-relief device shall be installed between the pump discharge and the check valve in such a position and in such a manner that insects, animals, floodwater, or other pollutants cannot enter the well through the vacuum-relief device. The vacuum-relief device may be mounted on the inspection port as long as it does not interfere with the inspection of other anti-pollution devices.(g) An automatic low pressure drain shall also be installed between the pump discharge and the check valve in such a position and in such a manner that any fluid which may seep toward the well around the flapper will automatically flow out of the pump discharge pipe. The drain must discharge away from rather than flow into the water supply. The drain must not collect on the ground surface or seep into the soil around the well casing.(1) The drain shall be at least three-quarter (3/4) inch in diameter and shall be located on the bottom of the horizontal pipe between the pump discharge and the check valve.(2) The drain must be flush with the inside surface of the bottom of the pipe unless special provisions, such as a dam made downstream of the drain, forces seepage to flow into the drain.(3) The outside opening of the drain shall be at least two (2) inches above the grade.(h) An easily accessible inspection port shall be located between the pump discharge and the check valve, and situated so the automatic low-pressure drain can be observed through the port and the flapper can be physically manipulated.(1) The port shall allow for visual inspection to determine if leakage occurs past the flapper, seal, seat, and/or any other components of the checking device.(2) The port shall have a minimum four (4) inch diameter orifice or viewing area. For irrigation distribution systems with pipe lines too small to install a (4) inch diameter inspection port, the check valve and other anti-pollution devices shall be mounted with quick disconnects, flange fittings, dresser couplings, or other fittings that allow for easy removal of these devices.(i) Any check valve not fully meeting the specifications set forth in this section may on request to the executive director be considered for a variance.", "sourceNote": "Source Note: The provisions of this §76.107 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective April 1, 2018, 43 TexReg 1635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169044", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.108", "label": "Technical Requirements--Pump Installation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160837", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) During any repair or installation of a water well pump, the licensed installer shall make a reasonable effort to maintain the integrity of ground water and to prevent contamination by elevating the pump column and fittings, or by other means suitable under the circumstances.(b) A licensed installer shall disinfect the well by:(1) Treating the water in the well casing to provide an average disinfectant residual to the entire volume of water in the well casing of fifty (50) mg/l. This may be accomplished by the addition of calcium hypochlorite tablets, sodium hypochlorite solution or other appropriate disinfectant, in the prescribed amounts;(2) Circulating, to the extent possible, the disinfected water in the well casing and pump column; and(3) Pumping the well to remove disinfected water for a minimum of fifteen (15) minutes.(c) The installer shall introduce the disinfectant into the open casing or through the well vent. The installer shall allow the disinfectant to dissolve in accordance with the manufacturer's specifications, then flush the well.(d) An installer may not place any material in a well that has been used in the production of oil or gas.(e) This section shall include every type of connection device, including but not limited to, flange connections, hose-clamp connections, and other flexible couplings. Except as provided by this chapter, a pump shall be constructed so that no unprotected openings into the interior of the pump or well casing exist.(1) A hand pump, hand pump head, stand, or similar device shall have a check valve to prevent pollution.(2) A power driven pump shall be attached to the casing or approved suction or discharge line by a closed connection. For the purposes of this section a closed connection is defined to be a sealed connection.(f) The provisions of this section relating to the requirement of closed connections shall not apply to the following types of pumps and pumping equipment:(1) sucker rod pumps and windmills; and(2) hand pumps.", "sourceNote": "Source Note: The provisions of this §76.108 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160837", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.109", "label": "Technical Requirements--Variances--Alternative Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169045", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the party having the well drilled, deepened or altered, the licensed well driller, or the party, landowner or person drilling or plugging the well, finds any of the procedures prescribed by §§76.100 - 76.105 inapplicable, unworkable, or inadequate, combinations of the prescribed procedures or alternative procedures may be employed, provided that the proposed alternative procedures will prevent injury and pollution. The department will not grant a variance based solely on cost, aesthetics, or for a well head to be placed below ground level.(b) Written proposals to use combinations of prescribed procedures or alternative procedures shall be considered application for a variance and must be submitted to the department for review prior to their implementation, and also provide a copy of the variance to the local groundwater conservation district.(c) If a written variance request is not submitted prior to construction and the licensee or landowner or the designated agent believes a request is justified, such written request shall be submitted to the department and a copy of the variance provided to the local groundwater conservation district as soon as possible following completion of the well.(d) This section shall not apply to a public water system well.", "sourceNote": "Source Note: The provisions of this §76.109 adopted to be effective March 1, 2013, 38 TexReg 1142." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169045", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.110", "label": "Appeals--Variances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190170", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Appeal of staff decision not to approve a variance or waiver application shall be submitted to the executive director and a copy of the appeal provided to the local groundwater conservation district within fourteen (14) days of notification of staff decision.(b) The executive director shall determine whether or not to uphold the disapproval of the variance.(c) The party making the appeal shall be advised in writing of the executive director's determination.", "sourceNote": "Source Note: The provisions of this §76.110 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190170", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "76", "label": "WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS" }, "rule": { "number": "§76.111", "label": "Memorandum of Understanding between the Texas Department of Licensing and Regulation and the Texas Commission on Environmental Quality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143041", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Recitals.(1) Pursuant to Texas Occupations Code, §1901.257(b), the Texas Department of Licensing and Regulation (TDLR) and the Texas Commission on Environmental Quality (TCEQ) shall enter into a Memorandum of Understanding (MOU) to coordinate the efforts of the TDLR, the field offices of the TCEQ, and groundwater conservation districts (GCDs), relating to investigative procedures for referrals of complaints regarding abandoned and/or deteriorated wells.(2) Pursuant to Texas Occupations Code, §1901.257(c), GCDs in which an abandoned and/or deteriorated well is located shall join the Memorandum of Understanding adopted under Texas Occupations Code, §1901.257(b). In addition, GCDs may enforce compliance with Texas Occupations Code, §1901.255 related to abandoned and/or deteriorated wells located in the boundaries of the district.(3) Pursuant to Texas Occupations Code, §1901.255 and §1901.257(b) and (c), and in compliance with authority granted by the Interagency Cooperation Act, Texas Government Code Annotated, §771.003, the TDLR and TCEQ enter into this MOU to coordinate efforts related to investigative procedures for referrals of complaints regarding abandoned and/or deteriorated wells. Each GCD in which an abandoned and/or deteriorated well is located is required by Texas Occupations Code, §1901.257(c) to join this MOU. Such joinder is established by submission to the TDLR at P.O. Box 12157, Austin, Texas 78711, of a copy of appropriate GCD Board action indicating that the GCD has joined this MOU and understands its responsibilities under the MOU and Chapter 1901 of the Texas Occupations Code.(b) TDLR Responsibilities.(1) Investigate abandoned and/or deteriorated well complaints, including referrals received from the TCEQ regional field offices, unless the complaint is being investigated by a GCD in coordination with TDLR staff.(2) Enforce compliance with Texas Occupations Code, §1901.255 related to persons possessing abandoned and/or deteriorated wells.(3) Coordinate investigation and enforcement efforts with appropriate GCD for any complaints regarding wells located within the boundaries of a GCD.(4) When abandoned and/or deteriorated wells are observed while conducting field investigations inside the boundaries of a GCD, a reasonable effort to obtain the landowners' name, mailing address, and latitude and longitude of the well shall be made, and such information shall be referred to the General Manager of the appropriate GCD for investigation and possible enforcement action to assure compliance with Texas Occupations Code, §1901.255 related to persons possessing abandoned and/or deteriorated wells.(5) When an abandoned and/or deteriorated well complaint is received, TDLR will determine if the well is located within a GCD boundary and provide a referral to the General Manager of the appropriate GCD for investigation and possible enforcement action to assure compliance with Texas Occupations Code, §1901.255 related to persons possessing abandoned and/or deteriorated wells.(6) Provide training and technical assistance to GCD staff and TCEQ Field Operations staff on field recognition of an abandoned and/or deteriorated well.(7) Annually report to TCEQ the status of all complaints provided to the TDLR under this MOU and the number of wells closed as a result of TCEQ abandoned and/or deteriorated well complaint referrals.(c) TCEQ Responsibilities.(1) When suspected abandoned and/or deteriorated wells are observed by Field Operations staff while conducting field investigations, information to allow for identification of the well, which may include: the landowners' name, physical address, and latitude and longitude of the well; shall be referred to the TDLR Compliance Division, Water Well Driller/Pump Installer Section. TCEQ field operation staff shall make a reasonable effort to obtain information needed for the identification of any abandoned and/or deteriorated well.(2) Provide updated list of GCDs as they are confirmed, including boundaries and the name and address of district contacts such as the General Manager.(d) GCD Responsibilities.(1) When a GCD receives a referral from the TDLR of an abandoned and/or deteriorated well, the GCD shall respond within 14 calendar days informing the TDLR as to whether the GCD will investigate the referral.(2) After the GCD has been notified by the TDLR or becomes aware of an abandoned and/or deteriorated well, the GCD may:(A) investigate the complaint of an abandoned and/or deteriorated well within the boundaries of the GCD; and(B) enforce compliance with Texas Occupations Code, §1901.255 related to landowners that have an abandoned and/or deteriorated well located on their property.(3) A GCD that performs an investigation related to an abandoned and/or deteriorated well referred to the GCD by TDLR shall notify the TDLR regarding the disposition of the investigation.(4) Any GCD enforcement under Texas Occupations Code, §1901.255 and §1901.256, may be coordinated with the TDLR.(5) A GCD may communicate with the TDLR regarding any phase of the investigation or enforcement action.(e) Referral and Investigation Requirements.(1) For the purposes of this MOU, a \"referral\" shall constitute information gathered, compiled, and forwarded to the TDLR. Written referrals via email or letter shall utilize the appropriate form, provided by TDLR, and document information on the abandoned and/or deteriorated well, which may include:(A) the name of landowner possessing the abandoned and/or deteriorated well;(B) the physical address of said landowner;(C) the latitude and longitude of the abandoned and/or deteriorated well; and(D) if possible, a photograph of the well.(2) Following the receipt of a referral from TCEQ, the TDLR will begin landowner notification procedures or follow up investigation or, if the well is inside the boundaries of a GCD, provide a referral to the General Manager of the corresponding GCD for investigation and possible enforcement action to assure compliance with Texas Occupations Code, §1901.255 related to persons possessing abandoned and/or deteriorated wells.(3) Referrals to TDLR should be sent to: Water Well Driller/Pump Installer Section, Compliance Division, TDLR; Phone: (512) 334-5540; Fax: (512) 463-8616; Email: water.well@tdlr.texas.gov.(f) Term. The term of this MOU shall be from the date both the TDLR and TCEQ adopt the MOU by rule. The TCEQ or TDLR may for any reason terminate this MOU upon thirty days notice to the other agency.(g) Severability. Should any provision of this MOU be held to be null, void, or for any reason without force or effect, such provision shall be construed as severable from the remainder of this document and shall not affect the validity of all other provisions, which shall remain in full force and effect.(h) Amendment. This MOU may be amended through rulemaking proposal and adoption at any time by mutual consent of the TCEQ and the TDLR.", "sourceNote": "Source Note: The provisions of this §76.111 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective April 1, 2018, 43 TexReg 1635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143041", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209227", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapter 1304 and Texas Occupations Code, Chapter 51.", "sourceNote": "Source Note: The provisions of this §77.1 adopted to be effective November 16, 2009, 34 TexReg 7791." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209227", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209228", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, as used in this chapter and Texas Occupations Code, Chapter 1304, have the following meanings:(1) \"Buyer\" means a \"service contract holder\" as it relates to a \"depreciation benefit optional member program.\"(2) \"Dealer\" means a motor vehicle dealer licensed under Texas Occupations Code, Chapter 2301.(3) \"Depreciation benefit optional member program\" means a service contract financed under Chapter 348 or 353, Finance Code, that pays to the buyer, as a credit toward the purchase of a replacement vehicle at a participating dealer, an amount less than or equal to the difference between the purchase price and actual cash value for a total constructive loss.(4) \"Identity recovery\" means a process, through a limited power of attorney and the assistance of an identity recovery expert, that returns the identity of an identity theft victim to pre-identity theft event status.(5) \"Qualified financial institution\" means a financial institution organized and licensed under the laws of the United States, a state of the United States, or the District of Columbia.(6) \"Service contract\" means an agreement that is entered into for a separately stated consideration and for a specified term under which a provider agrees to:(A) repair, replace, or maintain a product, or provide indemnification for the repair, replacement, or maintenance of a product, for operational or structural failure or damage caused by a defect in materials or workmanship or by normal wear;(B) provide identity recovery, if the service contract is financed under Chapter 348 or 353, Finance Code;(C) provide compensation to the lessee or buyer of a vehicle on the total constructive loss under a depreciation benefit optional member program; or(D) provide a service, reimbursement, or payment under a residential service contact as defined in Texas Occupation Code §1304.003(4)(A) - (C) and (b)(1) - (4).(7) \"Service contract holder\" means a person who purchases or otherwise holds a service contract.(8) \"Third-party administration of a service contract\" includes any of the following activities performed on behalf of a service contract provider:(A) performing or arranging the collection, maintenance, or disbursement of money to compensate any party for claims or repairs pursuant to a service contract;(B) participating in the processing or adjustment of claims arising under a service contract;(C) maintaining records required by Texas Occupations Code, Chapter 1304; or(D) complying with provider requirements, other than financial security requirements, of Texas Occupations Code, Chapter 1304.(9) The term \"third party administration of a service contract\" does not include the performance of repairs, or clerical functions ancillary to the performance of repairs, by a repair facility that performs no other activities with respect to a service contract.(10) \"Total constructive loss\" means a loss of such significance that the cost of restoring damaged property would exceed its value after restoration.", "sourceNote": "Source Note: The provisions of this §77.10 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective July 1, 2018, 43 TexReg 3873; amended to be effective June 15, 2022, 47 TexReg 3455." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209228", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.20", "label": "Registration Requirements--Provider" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171082", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not operate as a service contracts provider, or offer to be a provider unless the person is either registered with the department or the service contracts offered are specifically exempt from Texas Occupations Code, Chapter 1304.(b) A registration expires one year from the date issued.(c) An applicant for a provider registration must submit on department-approved forms:(1) a completed application;(2) a completed personal information form from each controlling person as defined in Texas Occupations Code §1304.0035;(3) a completed criminal history questionnaire from each controlling person as defined in Texas Occupations Code §1304.0035, if applicable;(4) the fee required under §77.80; and(5) proof of financial security required under §77.40.(d) Within 30 days of a provider's initial registration date, the provider must submit a list of the following information:(1) website addresses where a consumer may purchase the provider's service contracts, as applicable;(2) the provider's administrator(s) as applicable, including each administrator's name, assumed name, street address, telephone number, and department registration number; and(3) the provider's service contracts sellers, except those excluded under Texas Occupations Code §1304.1025(c)(2), including each seller's name, assumed name, street address, and telephone number.(e) A provider must report changes in its controlling person(s) within 30 days of the change on a department approved form, unless the change occurs within 30 days of the provider's renewal date. If the change occurs within 30 days of a provider's renewal, the provider may report it at the time of renewal on a department approved form(s).", "sourceNote": "Source Note: The provisions of this §77.20 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective January 15, 2015, 40 TexReg 60; amended to be effective June 15, 2022, 47 TexReg 3455." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171082", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.21", "label": "Registration Renewal Requirements--Provider" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209229", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registration must be renewed annually for a provider to continue operating in this state.(b) Non-receipt of a registration renewal notice from the department does not exempt a person from any requirements of this chapter.(c) To renew a registration, a provider must submit on department-approved forms:(1) a completed application;(2) the number of service contracts sold or issued in the preceding 12-month period;(3) the updated lists of information required under §77.20(d);(4) a completed personal information form from any controlling person as defined in Texas Occupations Code §1304.0035 whose information provided previously has changed or who has never submitted a personal information form.(5) a completed criminal history questionnaire from each controlling person as defined in Texas Occupations Code §1304.0035, if applicable;(6) the fee required under §77.80; and(7) proof of new or continuing financial security required under §77.40.(d) A person may not perform work requiring registration under Texas Occupations Code, Chapter 1304 or this chapter with an expired registration.", "sourceNote": "Source Note: The provisions of this §77.21 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective January 15, 2015, 40 TexReg 60." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209229", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.22", "label": "Registration Requirements--Administrator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171084", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not operate as an administrator for a provider unless the person is registered with the department.(b) A registration expires one year from the date issued.(c) An applicant for an administrator registration must submit on department-approved forms:(1) a completed application;(2) the name and department registration number for each service contract provider(s) for which the person will act as an administrator;(3) a list of the administrator's controlling persons as defined in Texas Occupations Code §1304.0035; and(4) the fee required under §77.80.(e) An administrator must report changes in its controlling person(s) within 30 days of the change on a department approved form, unless the change occurs within 30 days of the administrator's renewal date. If the change occurs within 30 days of an administrator's renewal, the administrator may report it at renewal on a department approved form.", "sourceNote": "Source Note: The provisions of this §77.22 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective January 15, 2015, 40 TexReg 60; amended to be effective June 15, 2022, 47 TexReg 3455." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171084", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.23", "label": "Registration Renewal Requirements--Administrator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164038", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registration must be renewed annually for an administrator to continue operating in this state.(b) Non-receipt of a registration renewal notice from the department does not exempt a person from any requirements of this chapter.(c) To renew a registration, an administrator must submit on department-approved forms:(1) a completed application;(2) the name and department registration number for each service contract provider(s) for which the person will act as an administrator;(3) a list of the administrator's controlling persons as defined in Texas Occupations Code §1304.0035; and(4) the fee required under §77.80.(d) A person may not perform or offer to perform work requiring registration under Texas Occupations Code, Chapter 1304 or this chapter with an expired registration.", "sourceNote": "Source Note: The provisions of this §77.23 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective January 15, 2015, 40 TexReg 60." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164038", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.24", "label": "Quarterly Provider Requirements--Identity Recovery Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191237", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies only to a provider who sells or issues service contracts that provide only for identity recovery services as described by Texas Occupations Code §1304.003(a)(2)(B). For purposes of this section, these service contracts are referred to herein as identity recovery service contracts.(b) A provider must submit quarterly fees based on the number of identity recovery service contracts sold or issued in this state.(c) Not later than the 30th day after the date each calendar quarter ends, a provider must report to the department, in a manner prescribed by the executive director, the number of identity recovery service contacts sold or issued to consumers in this state during the calendar quarter and submit to the department a fee equal to one dollar ($1) for each of those contracts.(d) The calendar quarter ends on the following dates: March 31, June 30, September 30 and December 31. The due dates for reporting the number of contracts and submitting the appropriate fees under subsection (c) are: April 30, July 30, October 30, and January 30.(e) Failure of the provider to report the number of contracts or to submit the fee as described in subsection (c) is cause for denial and/or revocation of the registration.(f) Falsification of information required under subsection (c) is cause for denial and/or revocation of the registration.", "sourceNote": "Source Note: The provisions of this §77.24 adopted to be effective October 22, 2013, 38 TexReg 7305." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191237", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.26", "label": "Additional Provider Requirements--Depreciation Benefit Optional Member Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218885", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies only to a provider who sells or issues service contracts that provide a depreciation benefit optional member program as described by Texas Occupations Code §1304.003(a)(2)(C). For purposes of this section, these service contracts are referred to herein as \"depreciation benefit service contracts.\"(b) A provider or its dealers may not require the purchase of a depreciation benefit service contract as a condition of approval of a loan for the purchase of a vehicle.(c) A depreciation benefit service contract may not be offered by a dealer who requires a loan for the purchase of a vehicle to be financed exclusively with the dealer.(d) The fee or purchase price that is charged for a depreciation benefit service contract must be reasonable in relation to the benefit provided by the depreciation benefit service contract.", "sourceNote": "Source Note: The provisions of this §77.26 adopted to be effective July 1, 2018, 43 TexReg 3873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218885", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.40", "label": "Financial Security--General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218886", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provider must maintain financial security to ensure the faithful performance of a provider's obligations to its service contract holders and for the benefit of those service contract holders who suffer actual financial loss due to the provider's failure to perform those obligations.(b) A provider must submit in a manner prescribed by the Department proof of one of the forms of financial security that meets the requirements of Texas Occupations Code §1304.151 and/or §1304.152:(1) a reimbursement insurance policy;(2) a funded reserve account and a security deposit; or(3) net worth of at least $100 million.(c) A provider of a residential service contract electing to provide financial security with a reimbursement insurance policy may use a policy issued by a captive insurance company in accordance with Texas Occupations Code §1304.157(c). A provider so electing must also maintain the funded reserve required by that section.(d) Whichever form of financial security the provider uses must be maintained by the provider during the entire time the provider continues to do business in this state or is registered to do business in this state and until the provider has performed or otherwise satisfied all liabilities and obligations to its service contract holders in this state.(e) If any form of financial security is canceled or lapses during the term of the provider's registration, the provider may not sell or issue a new service contract after the effective date of the cancellation or lapse, unless and until the provider files with the executive director a new form of financial security that meets the financial security requirements provided by Texas Occupations Code, Chapter 1304 and this chapter.(f) Cancellation or lapse of the financial security does not affect the provider's liability for a service contract sold or issued by the provider before or after the effective date of the cancellation or lapse.", "sourceNote": "Source Note: The provisions of this §77.40 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective October 15, 2010, 35 TexReg 9083; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective June 13, 2024, 49 TexReg 4035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218886", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.41", "label": "Financial Security--Reimbursement Insurance Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218887", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provider that uses a reimbursement insurance policy to comply with the financial security requirements of Texas Occupations Code §1304.151 and §1304.152, will not be allowed to obtain or renew a registration unless the insurer issuing the policy has provided all of the information and met all of the requirements set forth in Texas Occupations Code §1304.152(a-1).(b) A reimbursement insurance policy that is used to comply with the financial security requirements of Texas Occupations Code §1304.151 and §1304.152 must include:(1) the \"Service Contract Provider Texas Endorsement\" prescribed by the executive director; and(2) copy of the approval letter from the Texas Department of Insurance for using the endorsement.(c) A provider of a residential service contract may use a reimbursement insurance policy and maintain a funded reserve account as described in Texas Occupations Code §1304.157(c).", "sourceNote": "Source Note: The provisions of this §77.41 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective June 15, 2022, 47 TexReg 3455; amended to be effective June 13, 2024, 49 TexReg 4035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218887", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.42", "label": "Financial Security--Funded Reserve Account and Security Deposit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143050", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provider that uses a funded reserve account and security deposit to comply with the financial security requirements of Texas Occupations Code §1304.151, will not be allowed to obtain or renew a registration unless the provider:(1) maintains the funded reserve account and the security deposit at or above the financial levels required under Texas Occupations Code §1304.151(b) or §1304.151(b-1) - (b-4). The amounts under §1304.151(b) are calculated using a form prescribed by the department. The amounts under §1304.151(b-1) - (b-3) for a motor vehicle dealer who is only selling service contracts for vehicles sold by the dealer are as follows:(A) $25,000 for a motor vehicle dealer that generated $1,125,000 or less in annual gross revenue from the sale of in-state service contracts in the preceding calendar year; or(B) $50,000 for a motor vehicle dealer that generated more than $1,125,000 but less than $2,500,000 in annual gross revenue from the sale of in-state service contracts in the preceding calendar year; or(C) $75,000 for a motor vehicle dealer that generated more than $2,500,000 in annual gross revenue from the sale of in-state service contracts in the preceding calendar year.(D) If a motor vehicle dealer has no gross revenue from the in-state sale of service contracts in the preceding calendar year, the security deposit shall be $25,000.(2) meets the requirements under this section; and(3) submits the most recent audited financial statements as prescribed under Texas Occupations Code §1304.151(b).(b) The funded reserve account maintained by the provider must:(1) be kept separate from the provider's operating accounts;(2) be clearly identified as the \"{Provider's Name} Texas Service Contracts Funded Reserve Account\"; and(3) not be used for any purpose other than to cover the provider's obligations under its service contracts that are issued and outstanding in this state.(c) In addition to maintaining the funded reserve account, the provider must submit one of the following forms of security deposit:(1) A certificate of deposit that is issued by a qualified financial institution, assigned to the executive director, and for the benefit of the department;(2) A deposit of cash; or(3) An original letter of credit acceptable to the department that:(A) is irrevocable;(B) is issued by a qualified financial institution which is financially responsible in the amount of the letter of credit;(C) does not require examination of the performance of the underlying transaction between the department and the provider;(D) is payable to the department on demand or within a reasonably brief period of time after presentation of all required documents; and(E) does not include any condition that makes payment to the department contingent upon the consent of or other action by the provider or other party.(d) Funded reserve accounts that existed prior to September 1, 2019 and that involve in-state service contracts sold by motor vehicle dealers on their own inventory may be reduced to the new amounts required by Texas Occupations Code §1304.151(b-1) - (b-3) as follows:(1) A deposit of cash in excess of the amounts in Texas Occupations Code §1304.151(b)(b-1) - (b-3) may be withdrawn by the provider, so that the balance meets the reduced minimum requirements. Proof that the balance meets the reduced minimum requirements must be provided to the department within thirty days of the withdrawal.(2) A provider with a letter of credit issued by a qualified financial institution may withdraw and replace a letter that exceeds the amounts in Texas Occupations Code §1304.151(b-1) - (b-3) with a letter that meets the reduced minimum requirements. A provider may also opt to retain a current letter of credit that exceeds the reduced amounts or replace it the time of their next license renewal.(3) A provider with a certificate of deposit issued by a qualified financial institution may choose to withdraw and replace a certificate that exceeds the amounts in Texas Occupations Code §1304.151(b-1) - (b-3) with a certificate that meets the reduced minimum requirements. A provider may also opt to wait until a current certificate reaches maturity to withdraw and replace.(e) Upon request, the department may require the provider to submit the following additional financial reports:(1) claims paid reports;(2) account statements;(3) monthly activity reports; or(4) actuarial reports.(f) In accordance with Occupations Code §1304.1025(b)(2), if the department determines that the amount of security deposit and funded reserve balance are insufficient to evidence that the provider can meet its obligations under service contracts and Occupations Code, Chapter 1304, the department may deny or refuse to renew a registration, or may require another of the authorized forms of financial security.", "sourceNote": "Source Note: The provisions of this §77.42 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective October 15, 2010, 35 TexReg 9083; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective December 1, 2019, 44 TexReg 7185; amended to be effective June 15, 2022, 47 TexReg 3455; amended to be effective June 13, 2024, 49 TexReg 4035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143050", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.43", "label": "Financial Security--Minimum Net Worth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218888", "queryAsDate": "03/11/2026" }, "ruleBody": "A provider that maintains, or has a parent company maintain, a net worth or stockholder's equity of at least $100 million to comply with the financial security requirements of Texas Occupations Code §1304.151, will not be allowed to obtain or renew a registration unless the provider gives the department audited financial statements as described under §1304.151(c) and (d) or information for accessing and viewing the proof of net worth online.", "sourceNote": "Source Note: The provisions of this §77.43 adopted to be effective November 16, 2009, 34 TexReg 7791." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218888", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.70", "label": "Responsibilities of Providers and Administrators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155374", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The provider must clearly and conspicuously identify itself on all written service contracts and, on all written advertising materials that are used by the provider, its administrator(s), or its seller(s).(b) The provider and/or any administrator appointed by the provider must provide service contract holders with a notification that meets all of the following requirements.(1) The notification must provide the name, mailing address, and telephone number of the department.(2) The notification must contain a statement that unresolved complaints concerning providers and administrators or questions concerning the regulation of service contract providers and administrators may be addressed to the department.(3) The notification must be included on all written service contacts. The notification may be stamped on the contract or printed on a separate sheet and stapled to the contract.(c) The provider and/or any administrator appointed by the provider must provide service contract holders with the provider's complaint resolution procedures.(d) The provider and/or any administrator appointed by the provider must disclose the following information to service contract holders:(1) the specific contract provisions and required disclosures in accordance with Texas Occupations Code §§1304.156 and 1304.157;(2) the procedures and timeframes for a service contract holder to cancel a service contract in accordance with Texas Occupations Code §1304.1581;(3) the procedures and timeframes for a provider to refund the purchase price of the service contract and pay any applicable penalty to the service contract holder in accordance with Texas Occupations Code §1304.1581; and(4) the conditions in which the provider may cancel a service contract and issue a refund in accordance with Texas Occupations Code §1304.159.(e) As part of the disclosures required under subsection (d), a provider and/or any administrator appointed by the provider who sells or issues service contracts described under Texas Occupations Code §1304.003(a)(2)(B) (referred herein as \"identity recovery service contracts\") must disclose the following information:(1) the person or persons who are covered under the identity recovery service contract;(2) the price of the identity recovery service contract separate from the purchase price of the automobile and any other products or services that are financed with the vehicle;(3) the term of the identity recovery service contract; and(4) any conditions that may change the stated term of the identity recovery service contract, including if the identity recovery service contract holder:(A) pays off the automobile early;(B) makes late payments or defaults on the payments on the automobile;(C) refinances the automobile; or(D) sells or transfers title to the automobile.(f) As part of the disclosures required under subsection (d), a provider and/or any administrator appointed by the provider who sells or issues service contracts described under Texas Occupations Code §1304.003(a)(2)(C) (referred herein as \"depreciation benefit service contracts\") must disclose the following information:(1) the names and locations of the participating dealers who are part of the depreciation benefit optional member program;(2) the amount of the credit that will be paid or the method of calculation that will be used to pay the credit toward the purchase of a replacement vehicle;(3) a statement that purchase of the service contract is not required as a condition of approval of a loan for the purchase of a vehicle;(4) a statement that a service contract may not be offered by a dealer who requires a loan for the purchase of a vehicle to be financed exclusively with the dealer; and(5) a statement that the service contract may be cancelled by the service contract holder and the procedures and timeframes for a service contract holder to cancel the service contract and obtain a refund as specified under subsections (d)(2) and (d)(3).(g) If not provided by the seller at the time of sale, the provider and/or any administrator appointed by the provider must provide a copy of the service contract to the service contract holder within a reasonable amount of time after the date of purchase that still allows the service contract holder the opportunity to cancel the contract and receive a full refund.(h) If not provided by the seller at the time of sale, the provider and/or any administrator appointed by the provider must provide a receipt for or other written evidence of the purchase of a service contract to the service contract holder within a reasonable amount of time after the date of purchase that still allows the service contract holder the opportunity to cancel the contract and receive a full refund.(i) A provider shall report to the department within 30 days any change in information required by §77.20 and §77.21.(j) An administrator shall report to the department within 30 days any change in information required by §77.22 and §77.23.(k) Upon notification by the department, the provider and/or any administrator appointed by the provider shall allow the department to audit records required to be maintained by Texas Occupations Code Chapter 1304. These records include copies of the service contracts marketed, sold, administered or issued in this state.", "sourceNote": "Source Note: The provisions of this §77.70 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective October 22, 2013, 38 TexReg 7305; amended to be effective July 1, 2018, 43 TexReg 3873; amended to be effective June 13, 2024, 49 TexReg 4035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155374", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.71", "label": "Responsibilities of Providers Ceasing Operations or Discontinuing Business" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164040", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To the extent not prohibited by any other law or court order, a provider must comply with the provisions under this rule when ceasing operations or discontinuing business in this state.(b) A provider must notify the department as soon as possible when ceasing operations or discontinuing business in this state.(c) Within 10 days after notifying the department in accordance with subsection (b), a provider must submit to the department:(1) a copy of each unique form of service contract sold;(2) the names and addresses of the service contract holders with active service contracts in this state;(3) a list of each location, whether it be a physical location or a website address, at which the provider's service contracts are marketed, sold, or offered for sale;(4) the total number of active service contracts in this state;(5) the remaining amount of time left on the active service contracts in this state; and(6) any other information determined necessary by the department relating to the provider ceasing operations in this state.(d) A provider that ceases operations or discontinues business in this state remains contractually and financially responsible to its service contract holders with active service contracts in this state.(e) A provider that ceases operations or discontinues business in this state shall retain its records until the provider furnishes the executive director with proof satisfactory to the executive director that the provider has performed or otherwise satisfied all liabilities and obligations to its service contract holders in this state.(f) Any security deposit on file with the department shall be retained by the department until the provider furnishes the executive director with proof satisfactory to the executive director that the provider has performed or otherwise satisfied all liabilities and obligations to its service contract holders in this state.", "sourceNote": "Source Note: The provisions of this §77.71 adopted to be effective March 1, 2012, 37 TexReg 1319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164040", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143053", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All registration fees are non-refundable.(b) Provider Fees.(1) The initial registration fee for a service contract provider is $250.(2) The annual renewal registration fee for a service contract provider is:(A) $250 for registrants selling or issuing 0 to 250 service contracts during the 12-month period preceding the expiration date of the registration;(B) $500 for registrants selling or issuing 251 to 499 service contracts during the 12-month period preceding the expiration date of the registration; and(C) $1,000 for registrants selling or issuing 500 or more service contracts during the 12-month period preceding the expiration date of the registration.(3) The fee for a duplicate or amended registration certificate is $25.(4) The quarterly contract fee for a provider is $1 per service contract described by Texas Occupations Code §1304.003(a)(2)(B) sold or issued in the state in the previous calendar quarter as provided under §77.24.(c) Administrator Fees.(1) The initial registration fee for an administrator is $250.(2) The annual renewal registration fee for an administrator is $250.(3) The fee for a duplicate or amended registration certificate is $25.(d) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees). The late fee is based on the number of service contracts sold or issued during the 12-month period preceding the expiration date of the registration.", "sourceNote": "Source Note: The provisions of this §77.80 adopted to be effective November 16, 2009, 34 TexReg 7791; amended to be effective March 1, 2012, 37 TexReg 1319; amended to be effective October 22, 2013, 38 TexReg 7305." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143053", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155376", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates any provision of Texas Occupations Code, Chapter 1304, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 1304; Texas Occupations Code, Chapter 51; and any associated rules.", "sourceNote": "Source Note: The provisions of this §77.90 adopted to be effective November 16, 2009, 34 TexReg 7791." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155376", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "77", "label": "SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS" }, "rule": { "number": "§77.91", "label": "Other Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185586", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1304 and any associated rules may be used to enforce Texas Occupations Code, Chapter 1304 and this chapter.", "sourceNote": "Source Note: The provisions of this §77.91 adopted to be effective March 1, 2012, 37 TexReg 1319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185586", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185587", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapters 51 and 1958.", "sourceNote": "Source Note: The provisions of this §78.1 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185587", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185582", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited training program--A training program that has been accredited by the department to provide training for persons seeking licensure or registration under this chapter.(2) Act--The Texas Occupations Code, Chapter 1958, concerning mold assessment and remediation.(3) Allied field--Mold assessment, mold remediation, and any field whose principles and practices are applicable to mold assessment or mold remediation, including asbestos abatement, lead abatement, industrial hygiene, building sciences, public health, and environmental remediation.(4) Assessor--A person who conducts mold assessment as defined in this section and who is licensed under this chapter as a mold assessment technician, mold assessment consultant, or mold assessment company.(5) Building sciences--The field of study covering the design, construction, management, and performance of building systems, including structures, enclosures, electrical and mechanical systems, environmental systems (such as temperature and moisture control), safety systems (such as fire suppression and alarms), lighting, acoustics, and diagnosis and correction of problems with building systems.(6) Certificate of Mold Damage Remediation--A certificate adopted by the Texas Department of Insurance, commonly referred to as Certificate of Mold Damage Remediation and Form MDR-1.(7) Commission--The Texas Commission of Licensing and Regulation.(8) Consumer Mold Information Sheet--A document prepared and made available by the department that describes the persons who are required to be licensed under this chapter and provides information on mold assessment and mold remediation, including how to contact the department for more information or to file a complaint.(9) Containment--A component or enclosure designed or intended to control the release of mold or mold-containing dust or materials into surrounding areas in the building. The broad category of containment includes such sub-categories as walk-in containment, surface containment (such as plastic sheeting), and containment devices (such as wall-mounted glove boxes).(10) Containment area--An area that has been enclosed to control the release of mold or mold-containing dust or materials into surrounding areas.(11) Contiguous--In close proximity; neighboring.(12) Contiguous square feet--See \"Total surface area of contiguous square feet.\"(13) Credential--A license, registration, or accreditation issued under this chapter.(14) Department--The Texas Department of Licensing and Regulation.(15) Employee--An individual who is paid a salary, wage, or remuneration by another person or entity for services performed and over whom the person or entity exerts supervision or control as to the place, time, and manner of the individual's work. A contractor or subcontractor who is performing work under a contractual agreement with a person is not an employee of the person unless the agreement specifies otherwise.(16) Executive director--The executive director of the department.(17) Facility--Any institutional, commercial, public, governmental, industrial or residential building.(18) Indoor air--Air within the envelope of a building, including air in spaces normally occupied by persons in the building but excluding air in attics and crawl spaces that are vented to the outside of the building.(19) Indoor mold--Mold contamination that was not purposely grown or brought into a building and that has the potential to affect the indoor air quality of the building.(20) License--Any license issued under this chapter. The term \"license\" does not include a registration, accreditation, or approval issued under this chapter.(21) Mold--Any living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins.(22) Managing agent--A company or individual that manages a residential or commercial building for an owner.(23) Mold analysis--The examination of a sample collected during a mold assessment for the purpose of:(A) determining the amount or presence of, or identifying the genus or species of, any living or dead mold or related parts (including spores and hyphae) present in the sample; or(B) growing or attempting to grow fungi for the purposes of subparagraph (A); or(C) identifying or determining the amount or presence of any fungal products, including but not limited to mycotoxins and fungal volatile organic compounds, present in the sample.(24) Mold analysis laboratory--A person, other than an individual, that performs mold or mold-related analysis on a sample collected to determine the presence, identity, or amount of indoor mold in the sample.(25) Mold assessment--Activity that involves:(A) an inspection, investigation, or survey of a dwelling or other structure to provide the owner or occupant with information regarding the presence, identification, or evaluation of mold; or(B) the development of a mold management plan or mold remediation protocol; or(C) the collection or analysis of a mold sample.(26) Mold assessment report--A document prepared by a licensed mold assessment consultant or licensed mold assessment technician for a client that describes any observations made, measurements taken, and locations and analytical results of samples taken by an assessment consultant or by an assessment technician during a mold assessment. An assessment report can be either a stand-alone document or a part of a mold management plan or mold remediation protocol prepared by a mold assessment consultant.(27) Mold management plan--A document prepared by a licensed mold assessment consultant for a client that provides guidance on how to prevent and control indoor mold growth at a location.(28) Mold-related activities--The performance of mold assessment, mold remediation or any other related activities.(29) Mold remediation--The removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter that was not purposely grown at a location. Preventive activities include those intended to prevent future mold contamination of a remediated area, including applying biocides or anti-microbial compounds.(30) Mold remediation protocol (mold remediation work analysis) --A document, prepared by a licensed mold assessment consultant for a client, that specifies the estimated quantities and locations of materials to be remediated and the proposed remediation methods and clearance criteria for each type of remediation in each type of area for a mold remediation project.(31) Mold remediation work plan--A document, prepared by a licensed mold remediation contractor that provides specific instructions and/or standard operating procedures for how a mold remediation project will be performed.(32) Office--A stationary physical location assigned a street address by the United States Postal Service, where a licensee or an employee of a licensee may be contacted to conduct business related to mold assessment and/or mold remediation.(33) Person--An individual, corporation, company, contractor, subcontractor, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, governmental entity, or any other association of individuals.(34) Project--All activities that involve mold-related activities in a building or designated area of a building for which a specific start-date and a specific stop-date is provided that covers the mold remediation.(35) Remediator--A person who performs mold remediation as defined in this section and who is credentialed under this chapter as a mold remediation worker, mold remediation contractor, or mold remediation company.(36) Residential dwelling unit--A detached single-family dwelling; an attached single-family dwelling in a building that contains two or more separate single-family dwellings; or a bedroom in group housing. Examples of residential dwelling units include single homes, mobile homes (house trailers), duplexes, apartments, and condominiums. In group housing, such as dormitories, fraternity or sorority houses, and boarding houses, each bedroom is a residential dwelling unit.(37) Residential property--A property containing one or more residential dwelling units intended to provide living quarters for more than a transitory period, including a residential property that is vacant or under construction. A residential property includes dormitories and employee housing in a non-residential setting (e.g., staff housing at an institutional or commercial facility). Residential properties do not include:(A) lodgings (such as hotels and motels) that rent units on a transient basis;(B) institutional facilities that provide care or oversight for residents or inmates (such as hospitals, nursing homes, homes for children with physical or mental disabilities, mental institutions, jails, prisons and detention centers); and(C) former residential properties that do not currently provide living quarters (such as houses converted into shops or restaurants).(38) Responsible person--An employee or principal designated by a licensed mold assessment company, mold remediation company, or mold analysis laboratory or by an accredited mold training provider as responsible for its operations and compliance with rules concerning mold-related activities or mold-related training.(39) Routine cleaning--Cleaning that is done on a regular basis and in a regular course of procedures.(40) Start-date--The date on which a mold remediation begins. Preparation work is not considered mold remediation.(41) Stop-date--The date following the day on which final clearance for a mold remediation project is achieved.(42) Supervise--To direct and exercise control over the activities of a person.(43) Survey--An activity undertaken in a building to determine the presence, location, or quantity of indoor mold or to determine the underlying condition(s) contributing to indoor mold contamination, whether by visual or physical examination or by collecting samples of potential mold for analysis.(44) Total surface area of contiguous square feet--The contiguous area of surface material that needs to be cleaned or removed to remediate visible mold contamination.(45) Training hours--Hours spent in classroom instruction, hands-on activities, and field trips, including time used for course tests and brief breaks but not including scheduled lunch periods.(46) Visible--Exposed to view; capable of being seen.(47) Work analysis--A mold remediation protocol.(48) Work plan--A mold remediation work plan.(49) Working days--Monday through Friday, including holidays that fall on those days.", "sourceNote": "Source Note: The provisions of this §78.10 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185582", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.20", "label": "Credential Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185583", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing or registration requirement. A person must be licensed or registered in compliance with this chapter to engage in mold assessment or mold remediation unless specifically exempted under the Act or §78.30.(b) Accreditation requirement. A person must be accredited as a mold training provider in compliance with this chapter to offer mold training for fulfillment of training requirements for licensing under this chapter.", "sourceNote": "Source Note: The provisions of this §78.20 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185583", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.21", "label": "Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185584", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit the following:(1) a completed application on a department-approved form;(2) the fee required under §78.80; and(3) proof that the applicant meets all requirements for obtaining the credential being sought.(b) Materials submitted in the application process become the property of the department and are not returnable.(c) Except as provided by §78.56(c), all credentials are valid for two years and expire on the second anniversary of the effective date.", "sourceNote": "Source Note: The provisions of this §78.21 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185584", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.22", "label": "Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185585", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person seeking to renew a license, registration, or accreditation shall submit a renewal application before the credential expires.(b) Each person is responsible for renewing the credential before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification of expiration from the department before the expiration date of the credential shall not excuse failure to apply for renewal or late renewal.(c) An applicant for renewal of a mold assessment technician, mold assessment consultant, or mold remediation contractor license or for renewal of a mold remediation worker registration must successfully complete a required continuing education course as specified in §78.25 before applying for renewal. The applicant must complete the continuing education course within the two-year term of the credential preceding the expiration date of the credential.(d) To renew a credential, a person must:(1) submit a complete renewal application on a department-approved form or in a manner specified by the department;(2) if renewing an individual license or registration:(A) successfully pass a criminal history background check;(B) complete continuing education training as specified in §78.25; and(C) comply with the continuing education audit process described under §78.25 as applicable;(3) demonstrate compliance with the requirement for insurance coverage under §78.40, if applicable;(4) demonstrate compliance with all other applicable requirements under this chapter for the credential being renewed; and(5) pay the renewal fee required under §78.80.(e) Credentials must be renewed every two years.(f) A temporary mold remediation worker registration issued under §78.56(c) may not be renewed.(g) A person shall not perform any mold-related activity with an expired credential.", "sourceNote": "Source Note: The provisions of this §78.22 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185585", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.24", "label": "Licensing Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185588", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a mold assessment technician, mold assessment consultant, or mold remediation contractor license must pass the state licensing examination before the license will be issued.(b) To qualify to take the examination, the individual applicant must submit a completed license application for review and determination of licensing examination eligibility.(c) The department or the department's designee will notify the applicant who meets all applicable requirements for the license sought and who qualifies to take the examination.(d) Annually, the department or its designee shall publish a schedule of examination dates and locations.(e) The department or its designee shall administer or arrange for the administration of the examination.(f) The department or its designee will notify the applicant in writing regarding the applicant's examination scores or results.", "sourceNote": "Source Note: The provisions of this §78.24 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185588", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to licensed mold assessment technicians, licensed mold assessment consultants, licensed mold remediation contractors, and registered mold remediation workers.(b) An applicant for renewal of a license listed under subsection (a) must successfully complete a continuing education course provided by an accredited mold training provider in the subject area for which the renewal is sought.(c) An applicant for renewal of a registration listed under subsection (a) must successfully complete a mold remediation worker continuing education course provided by an accredited mold training provider or by a licensed mold remediation contractor or licensed mold remediation company.(d) All applicants must complete the required continuing education course during the immediately preceding two-year term of the license or registration before renewal.(e) Attendance and completion of continuing education courses of at least the following number of hours are required during each renewal period:(1) mold assessment technician license--8.(2) mold assessment consultant license--8.(3) mold remediation contractor license--8.(4) mold remediation worker registration--4.(f) An applicant for renewal of a mold assessment technician license may fulfill the continuing education training requirement by successfully completing an approved mold assessment technician or mold assessment consultant continuing education course provided by an accredited mold training provider.(g) Reporting of continuing education credit. The department shall employ an audit system for continuing education reporting.(1) The licensee or registrant shall maintain a record of continuing education credits earned and proof of completion of the continuing education credits.(2) The certificates or other documentation are not to be forwarded to the department at the time of renewal unless the person has been selected for audit.(h) Audits. The audit process shall be as follows:(1) The department shall select for audit a random sample of licensees and registrants for each renewal month. Each person selected will be notified of the continuing education audit when they receive their renewal documentation.(2) If selected for an audit, the person shall submit copies of certificates or other documentation satisfactory to the department verifying the person's attendance, participation and completion of the continuing education. All documentation must be provided at the time of renewal.(3) Failure to timely furnish this information or providing false information during the audit process or the renewal process are grounds for disciplinary action against the person.(4) A person who is selected for continuing education audit may renew through the online renewal process. However, the license or registration will not be considered renewed until required continuing education documents are received, accepted and approved by the department.(i) Licenses and registrations will not be renewed until continuing education requirements have been met.", "sourceNote": "Source Note: The provisions of this §78.25 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185589", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.30", "label": "Exceptions and Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185590", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of Texas Occupations Code §1958.002(b)(1)(D), regarding the excepted emergency containment of mold contamination, an emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination.(b) For purposes of Texas Occupations Code §1958.102(d) and (e), regarding certain residential property, the exemptions apply regardless of the total surface area within the subject property that is affected by mold growth. The following terms used in Texas Occupations Code §1958.102(d) shall have the meaning given:(1) \"improve\" means to build, construct, or erect a new building or structure or a new portion of a building or structure that is attached to an existing building or structure; and(2) \"improvement\" means a building or structure, or a portion of a building or structure, that was built, constructed, or erected as an attachment to an existing building or structure after the construction or erection of the existing building or structure.(c) Licensees performing mold remediation in an area in which the mold contamination for the project affects a total surface area of less than 25 contiguous square feet must do so in accordance with the Act and this chapter unless otherwise indicated.(d) A person who is performing mold remediation under the licensing exemptions of §1958.102(a) or (c) of the Act, in which the mold contamination affects a total surface area of less than 25 contiguous square feet, and who identifies additional mold such that the total mold contamination affects a total surface area of 25 contiguous square feet or more shall:(1) immediately cease all remediation work and implement emergency containment if necessary; and(2) advise the person requesting the remediation that the exemption under §1958.102(a) or (c) of the Act has been lost, and that any additional mold remediation and post-remediation assessment in the area must be performed by a person licensed or registered under this chapter.(e) Employees of a licensee performing mold remediation under the supervision of a licensee must be registered as provided under §78.56.(f) Professional exemptions.(1) All persons engaged in mold-related activities must be licensed or registered under this chapter, except that those professionals currently licensed by the state in another field (including, but not limited to, medicine, architecture, or engineering) who provide to a licensed or registered person only consultation related to that other field, are not required to be separately licensed under this chapter. In such a case, the responsibility for the project or activity remains with the person licensed or registered under this chapter.(2) A person is not required to be licensed or registered under this chapter if engaging only in the performance of regulated activities of a licensed insurance adjuster pursuant to Chapter 4101 of the Texas Insurance Code or in the performance of regulated activities of a licensed public insurance adjuster pursuant to Chapter 4102 of the Texas Insurance Code, including the investigation and review of losses to insured property, assignment of coverage, and estimation of the usual and customary expenses due under the applicable insurance policy, including expenses for reasonable and customary mold assessment and remediation.(g) The review of mold remediation bids or proposals and making recommendations thereto is not mold assessment or mold remediation.(h) The code of ethics, conflict of interest, and disclosure requirements in the Act and these rules apply to credentialed persons engaging in the activities described in this section.", "sourceNote": "Source Note: The provisions of this §78.30 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185590", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.40", "label": "Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185591", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, persons licensed under this chapter are required to obtain commercial general liability insurance in the amount of not less than $1 million per occurrence and to maintain the coverage for the term of the license.(1) Governmental entities that are self-insured are not required to purchase insurance under this chapter.(2) A non-governmental entity (business entity or individual) may be self-insured if it submits to the department for approval an affidavit signed by an authorized official of the entity or by the individual stating that it has a net worth of at least $1 million. A current financial statement indicating a net worth of at least $1 million must accompany the affidavit. A new affidavit and current financial statement must be submitted with each renewal application.(3) An individual required to have insurance must obtain individual coverage unless covered under the policy of the individual's employer or employed by a governmental entity or a person approved by the department to be self-insured.(b) Insurance policies required under this section must be currently in force and must be written by:(1) an insurance company authorized to do business in Texas; or(2) an eligible Texas surplus lines insurer as defined in the Texas Insurance Code, Chapter 981 (relating to Surplus Lines Insurance); or(3) a Texas registered risk retention group; or(4) a Texas registered purchasing group.(c) The certificate of insurance must be complete, including all applicable coverages and endorsements, and must name the Texas Department of Licensing and Regulation as a certificate holder.(d) An applicant for a license or license renewal must provide proof of insurance in one of the following forms:(1) a copy of the required current certificate of insurance; or(2) if claiming to be self-insured, a statement that it is a governmental entity, or, if a non-governmental entity, the affidavit and current financial statement described under subsection (a); or(3) proof that the licensee by whom the applicant is employed has the required insurance.(e) The commission or the executive director may impose an administrative penalty or take other disciplinary action against any person who fails to have the current insurance required under this section.(1) If a policy is canceled or materially changed, the licensee shall notify the department in writing not later than 30 calendar days before the change or cancellation effective date. A licensed company may file a single notification for the company and its licensed employees.(2) If a policy expires or is canceled or materially changed, the licensee shall cease engaging in mold-related activities. Before resuming such activities, the licensee must either:(A) provide to the department a certificate of the renewal or replacement policy; or(B) submit to the department the affidavit and current financial statement described under subsection (a) and receive departmental approval to be self-insured.(3) If an individual licensee ceases to be covered under an employer's insurance, the individual must obtain replacement coverage either individually or through a new employer. The individual must submit the documentation required under subsection (d) to the department before engaging in mold-related activities.(f) Applicants for a registration or renewal of a registration issued under this chapter shall comply with subsection (d)(3), if applicable.", "sourceNote": "Source Note: The provisions of this §78.40 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185591", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.50", "label": "Mold Assessment Technician License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185592", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirement. An individual must be licensed as a mold assessment technician to perform activities listed under subsection (b), except that an individual licensed under §78.52 is not required to be separately licensed under this section.(b) Scope. An individual licensed under this section is authorized to determine the location and extent of mold or suspected mold present in a facility. A mold assessment technician is licensed to:(1) record visual observations and take on-site measurements, including temperature, humidity, and moisture levels, during an initial or post-remediation mold assessment;(2) collect samples for mold analysis during an initial mold assessment;(3) prepare a mold assessment report; and(4) as directed by an on-site assessment consultant, collect samples during a post-remediation mold assessment.(c) Qualifications. An applicant for a mold assessment technician license must be a high school graduate or have obtained a General Educational Development (GED) certificate.(d) Eligibility for licensing. To obtain a mold assessment technician license, a person must:(1) be at least 18 years old at the time of application;(2) successfully pass a criminal history background check;(3) comply with subsection (c);(4) comply with the requirement for insurance coverage under §78.40;(5) successfully complete a mold training course as described in §78.68(b) or (c);(6) pass the required licensing examination prescribed under §78.24; and(7) pay the fee required under §78.80.(e) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:(1) proof of compliance with the insurance requirement for licensees specified in §78.40;(2) a copy of the applicant's high school diploma or GED certificate; and(3) a copy of a course completion certificate for the applicable training course offered by a department-accredited training provider, as described in §78.68(b) or (c). An applicant for a mold assessment technician license may fulfill the training requirement for the license by successfully completing an approved mold assessment technician or mold assessment consultant training course offered by an accredited mold training provider.(f) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, a licensed mold assessment technician shall:(1) perform only activities allowed under subsection (b);(2) comply with mold sampling protocols accepted as industry standards, as presented in training course materials or as required by his/her employer;(3) utilize the services of a laboratory that is licensed by the department to provide analysis of mold samples; and(4) provide to the client a mold assessment report following an initial (pre-remediation) mold assessment, if the technician is not acting as an employee of a licensed mold assessment consultant or company.", "sourceNote": "Source Note: The provisions of this §78.50 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185592", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.52", "label": "Mold Assessment Consultant License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185593", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirements. An individual must be licensed as a mold assessment consultant to perform activities listed under subsection (b). A licensed mold assessment consultant who employs more than one individual required to be licensed under this section or under §78.50, must be separately licensed as a mold assessment company under §78.54.(b) Scope. An individual licensed under this section is also licensed to perform all activities of a mold assessment technician listed in §78.50(b). In addition, a licensed mold assessment consultant is licensed to provide mold assessment services including:(1) plan surveys to identify conditions favorable for indoor mold growth or to determine the presence, extent, amount, or identity of mold or suspected mold in a building;(2) conduct activities recommended in a plan developed under paragraph (1) and describe and interpret the results of those activities;(3) determine locations at which a licensed mold assessment technician will record observations, take measurements, or collect samples;(4) prepare a mold assessment report, including the observations made, measurements taken, locations of samples collected, analysis results, and analysis and interpretation of results of samples taken by the consultant or by a licensed mold assessment technician during the mold assessment;(5) develop a mold management plan for a building, including recommendations for periodic surveillance, response actions, and prevention and control of mold growth;(6) prepare a mold remediation protocol, including the evaluation and selection of appropriate methods, personal protective equipment (PPE), engineering controls, project layout, post-remediation clearance evaluation methods and criteria, and preparation of plans and specifications;(7) evaluate a mold remediation project to certify that mold contamination identified for the remediation project has been remediated as outlined in a mold remediation protocol;(8) evaluate a mold remediation project to certify that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated cause; and(9) complete appropriate sections of a Certificate of Mold Damage Remediation as specified under §78.150(b).(c) Qualifications. An applicant for a mold assessment consultant license must meet at least one of the following education and/or experience requirements:(1) a bachelor's or graduate degree from an accredited college or university with a major in a natural or physical science, engineering, architecture, building construction, or building sciences, and at least one year of experience in an allied field; or(2) at least 60 college credit hours with a grade of C or better in the natural sciences, physical sciences, environmental sciences, building sciences, or a field related to any of those sciences, and at least three years of experience in an allied field; or(3) a high school diploma or a GED certificate and at least five years of experience in an allied field; or(4) certification as an industrial hygienist, a professional engineer, a professional registered sanitarian, a certified safety professional, or a registered architect, with at least one year of experience in an allied field.(d) Eligibility for licensing. To obtain a mold assessment consultant license, a person must:(1) be at least 18 years old at the time of application;(2) successfully pass a criminal history background check;(3) comply with subsection (c);(4) comply with the requirement for insurance coverage under §78.40;(5) successfully complete a mold training course as described in §78.68(c);(6) pass the required licensing examination prescribed under §78.24; and(7) pay the fee required under §78.80.(e) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:(1) proof of compliance with the insurance requirement for licensees specified in §78.40;(2) verifiable evidence that the applicant meets the requirement in subsection (c); and(3) a copy of a course completion certificate for the applicable training course offered by a department-accredited training provider, as described in §78.68(c).(f) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, a licensed mold assessment consultant shall:(1) provide adequate consultation to the client to diminish or eliminate hazards or potential hazards to occupants caused by the presence of mold growth;(2) provide, in accordance with a client's instructions, professional services concerning surveys, building conditions that have or might have contributed to mold growth, proper building operations and maintenance to prevent mold growth, and compliance with work practices and standards;(3) comply with mold sampling protocols as presented in training course materials or as required by his/her employer;(4) inquire of the client whether any hazardous materials, including lead-based paint and asbestos, are present in the project area;(5) utilize the services of a laboratory that is licensed by the department to provide analysis of mold samples;(6) sign and date each mold assessment report and each mold management plan that the mold assessment consultant prepares and include that consultant's license number and expiration date on each report and each plan;(7) sign and date each mold remediation protocol on the cover page, including the mold assessment consultant's license number and expiration date. The consultant must also initial the protocol on every page that addresses the scope of work and on all drawings related to the remediation work;(8) review and approve changes to any protocol by signing or initialing according to paragraph (7);(9) provide to the client a mold assessment report following an initial (pre-remediation) mold assessment. If the consultant includes the results of the initial assessment in a mold remediation protocol or a mold management plan, a separate assessment report is not required;(10) provide to the client a mold remediation protocol at least one calendar day before a mold remediation project begins;(11) ensure that all employees who will perform mold assessment activities are provided with, fit tested for, and trained in the correct use of personal protective equipment appropriate for the activities to be performed;(12) ensure that each person performing mold assessment activities is licensed in accordance with this chapter, as applicable;(13) ensure that the training and license of each employee that is required to be licensed under this chapter are current;(14) if the mold assessment consultant performs post-remediation assessment on a project and ceases to be involved with the project before it achieves clearance, provide a final status report to the client and to the mold remediation contractor or company performing mold remediation work for the client as specified under §78.140(e); and(15) provide a passed clearance report to the client as specified under §78.140(d) and complete applicable sections of a Certificate of Mold Damage Remediation as specified under §78.150(b).", "sourceNote": "Source Note: The provisions of this §78.52 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185593", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.54", "label": "Mold Assessment Company License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185594", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirements. A person performing mold assessment activities must be licensed as a mold assessment company if the person employs more than one individual required to be licensed under §78.50 or §78.52.(b) Authorization and conditions. A licensed mold assessment company shall:(1) designate one or more individuals licensed as mold assessment consultants as its responsible person(s);(2) notify the department in writing of any changes in individual licensed mold assessment consultants as responsible persons within 30 calendar days following the change of the responsible person;(3) perform mold assessment activity only during periods with the active employment of at least one individual licensed mold assessment consultant designated as the responsible person for the company;(4) not transfer the license to any other person, including to any company that has bought the licensed entity;(5) apply for a name change on the license within 30 calendar days after a change in name only; and(6) obtain a new license before performing any mold-related activities when the transfer of a licensed person occurs.(c) Eligibility for licensing. To be eligible for licensing, a person must employ at least one licensed mold assessment consultant. To obtain a mold assessment company license, a person must:(1) comply with the requirement for insurance coverage under §78.40; and(2) pay the fee required under §78.80.(d) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:(1) proof of compliance with the insurance requirement for licensees specified in §78.40;(2) the name, address, and occupation of each person that has an ownership interest of 10% or more in the applicant; and(3) the name and license number of each licensed mold assessment consultant designated by the applicant as a responsible person.(e) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, a licensed mold assessment company shall:(1) provide each client with a mold assessment report following an initial (pre-remediation) mold assessment. If the company includes the results of the initial assessment in a mold remediation protocol or a mold management plan, a separate assessment report is not required;(2) provide each client a mold remediation protocol at least one calendar day before a mold remediation project begins;(3) utilize the services of a laboratory that is licensed by the department to provide analysis of mold samples;(4) ensure that all employees who will perform mold assessment activities are provided with, fit tested for, and trained in the correct use of personal protective equipment appropriate for the activities to be performed;(5) ensure that each person performing mold assessment activities is licensed in accordance with this chapter, as applicable;(6) ensure that the training and license of each employee who is required to be licensed under this chapter are current;(7) if the company performs post-remediation assessment on a project and ceases to be involved with the project before it achieves clearance, provide a final status report to the client and to the mold remediation contractor or company performing mold remediation work for the client as specified under §78.140(e); and(8) provide a passed clearance report to the client as specified under §78.140(d) and provide a Certificate of Mold Damage Remediation, with applicable sections completed by a mold assessment consultant, to a mold remediation company or contractor, as specified under §78.150(b).", "sourceNote": "Source Note: The provisions of this §78.54 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185594", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.56", "label": "Mold Remediation Worker Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191679", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration requirement. An individual must be registered as a mold remediation worker to perform mold remediation, except that an individual licensed under §78.58 is not required to be separately registered under this section.(b) Eligibility for registration. To obtain a mold remediation worker registration, a person must:(1) successfully pass a criminal history background check;(2) be at least 18 years old at the time of application;(3) demonstrate that the person's employer, if any, is in compliance with the requirement for insurance coverage under §78.40 if requested by the department;(4) complete a mold training course as described in §78.68(d); and(5) pay the fee required under §78.80.(c) Temporary registration. The department may issue a temporary registration to an applicant for a mold remediation worker registration if the person:(1) has not been convicted of a criminal offense; and(2) meets the requirements of subsection (b)(2)-(5).(3) A temporary registration is valid for 21 days and may not be renewed.(d) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:(1) a copy of a course completion certificate for the applicable training course as described in §78.68(d); and(2) proof that the applicant's employer, if any, is in compliance with the insurance requirement for licensees specified in §78.40 if requested by the department.(e) Responsibilities. In addition to all applicable responsibilities in this chapter, a registered mold remediation worker shall use remediation techniques specified in the project mold remediation work plan.(f) Prohibitions. Registered mold remediation workers are prohibited from:(1) performing mold remediation except under the supervision of a licensed remediation contractor; and(2) engaging in any mold-related activity requiring licensing as a remediation contractor under this chapter.", "sourceNote": "Source Note: The provisions of this §78.56 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191679", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.58", "label": "Mold Remediation Contractor License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191680", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirements. An individual must be licensed as a mold remediation contractor to perform activities listed under subsection (b). A licensed mold remediation contractor who employs more than one individual required to be licensed under this section or required to be registered under §78.56 must be separately licensed as a mold remediation company under §78.60.(b) Scope. An individual licensed under this section may perform mold remediation and supervise registered mold remediation workers performing mold remediation. In addition, a licensed mold remediation contractor is licensed to provide mold remediation services including:(1) preparing a mold remediation work plan providing instructions for the remediation activities to be performed for a mold remediation project; and(2) conducting and interpreting the results of activities recommended in a work plan developed under paragraph (1), including any of the activities of a registered mold remediation worker under §78.56.(c) Qualifications. An applicant for a mold remediation contractor license must meet at least one of the following education and/or experience requirements:(1) a bachelor's or graduate degree from an accredited college or university with a major in a natural or physical science, engineering, architecture, building construction, or building sciences and at least one year of experience either in an allied field or as a general contractor in building construction;(2) at least 60 college credit hours with a grade of C or better in the natural sciences, physical sciences, environmental sciences, building sciences, or a field related to any of those sciences, and at least three years of experience in an allied field or as a general contractor in building construction;(3) a high school diploma or GED certificate, plus at least five years of experience in an allied field or as a general contractor in building construction; or(4) certification as an industrial hygienist, a professional engineer, a professional registered sanitarian, a certified safety professional, or a registered architect, with at least one year of experience either in an allied field or as a general contractor in building construction.(d) Eligibility for licensing. To obtain a mold remediation contractor license, a person must:(1) be at least 18 years old at the time of application;(2) successfully pass a criminal history background check;(3) comply with subsection (c);(4) comply with the requirement for insurance coverage under §78.40;(5) successfully complete a mold training course as described in §78.68(e);(6) pass the required licensing examination prescribed under §78.24; and(7) pay the fee required under §78.80.(e) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:(1) proof of compliance with the insurance requirement for licensees specified in §78.40;(2) verifiable evidence that the applicant meets the requirement in subsection (c); and(3) a copy of a course completion certificate for the applicable training course offered by a department-accredited training provider, as described in §78.68(e).(f) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, a licensed mold remediation contractor shall:(1) supervise mold remediation workers as defined in §78.10(42). When supervising mold remediation workers, the licensee must:(A) be physically present at the mold remediation project; or(B) be accessible by telephone within ten minutes and able to be at the project within one hour of being contacted;(2) ensure that all employees who will perform mold remediation activities are provided with, fit tested for, and trained in the correct use of personal protective equipment appropriate for the activities to be performed;(3) ensure that all supervised persons performing mold remediation activities are licensed or registered under this chapter;(4) ensure that the training and license or registration of each individual who is required to be licensed or registered to perform mold remediation activities under this chapter is current;(5) comply with the requirements under §78.64(f)(2)-(3), (5)-(9), and (11) if the licensee provides mold remediation worker training as authorized in §78.68(d);(6) maintain copies of the required training documents in accordance with §78.74(b)(2) if providing mold remediation worker training as authorized in §78.68(d);(7) accurately interpret field notes, drawings, and reports relating to mold assessments;(8) inquire of the client whether any known or suspected hazardous materials, including lead-based paint and asbestos, are present in the project area;(9) advise clients about options for mold remediation;(10) comply with standards for preparing mold remediation work plans, as presented in training course materials or as required by the mold remediation company by whom the contractor is employed;(11) properly prepare each mold remediation work plan that the mold remediation contractor prepared by:(A) signing and dating the cover page;(B) including the license number and license expiration date on the cover page; and(C) initialing the work plan on every page that addresses the scope of work and on all drawings related to the remediation work;(12) provide to each client a mold remediation work plan for the project at least one calendar day before the mold remediation preparation work begins;(13) submit the required notification to the department as described in §78.110, unless employed by a licensed mold remediation company; and(14) provide to the property owner a completed Certificate of Mold Damage Remediation as specified under §78.150.", "sourceNote": "Source Note: The provisions of this §78.58 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191680", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.60", "label": "Mold Remediation Company License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191681", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirements. A person performing mold remediation activities must be licensed as a mold remediation company if the person employs more than one individual required to be registered under §78.56 or licensed under §78.58. A licensed mold remediation company is specifically authorized to employ mold remediation contractors and mold remediation workers who are currently licensed or registered under this chapter to assist in the company's mold remediation activity.(b) Authorization and conditions. A licensed mold remediation company shall:(1) designate one or more individuals licensed as mold remediation contractors as its responsible person(s);(2) notify the department in writing of any changes in individual licensed mold remediation contractors as responsible persons within 30 calendar days following the change of the responsible person; and(3) perform mold remediation activity only during periods with the active employment of at least one individual licensed mold remediation contractor designated as the responsible person for the company;(4) not transfer the license to any other person, including to any company that has bought the licensed entity;(5) apply for a name change on the license within 30 calendar days after a change in name only; and(6) obtain a new license before performing any mold-related activities when the transfer of a licensed person occurs.(c) Eligibility for licensing. To be eligible for licensing, a person must employ at least one licensed mold remediation contractor. To obtain a mold remediation company license, a person must:(1) comply with the requirement for insurance coverage under §78.40; and(2) pay the fee required under §78.80.(d) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:(1) proof of compliance with the insurance requirement for licensees specified in §78.40;(2) the name, address, and occupation of each person that has an ownership interest of 10% or more in the applicant; and(3) the name and license number of each licensed mold remediation contractor designated by the applicant as a responsible person.(e) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, a licensed mold remediation company shall:(1) ensure that all employees who will perform mold remediation activities are provided with, fit tested for, and trained in the correct use of personal protective equipment appropriate for the activities to be performed;(2) ensure that each person performing mold remediation activities is licensed or registered in accordance with this chapter, as applicable;(3) ensure that the training and license or registration of each individual who is required to be licensed or registered to perform mold remediation activities under this chapter are current;(4) comply with the requirements under §78.64(f)(2)-(3), (5)-(9), and (11) if the licensee provides mold remediation worker training as authorized in §78.68(d);(5) maintain copies of the required training documents in accordance with §78.74(b)(2) if providing mold remediation worker training as authorized in §78.68(d);(6) provide to each client a mold remediation work plan for the project at least one calendar day before the mold remediation preparation work begins;(7) submit the required notification to the department as described in §78.110; and(8) provide to the property owner a completed Certificate of Mold Damage Remediation as specified under §78.150.", "sourceNote": "Source Note: The provisions of this §78.60 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191681", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.62", "label": "Mold Analysis Laboratory License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191682", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirement. A person must be licensed in compliance with the provisions of this section to engage in activities listed under subsection (b). A person licensed under this section is not required to be separately licensed under §78.54.(1) Branch offices that perform mold analysis must fulfill the same equipment and operational standards as the main office that has been licensed and must comply with subsection (c) for the types of analysis they will be performing.(2) A licensed mold analysis laboratory shall:(A) designate one or more individuals as responsible persons;(B) not transfer the license to any other person, including to any company that has bought the licensed entity;(C) apply for a name change on the license within 30 calendar days after a change in name only; and(D) obtain a new license before performing any mold-related activities when the transfer of a licensed person occurs.(b) Scope. A person licensed under this section is authorized to analyze samples collected during mold-related activities to:(1) determine the presence, identity, or amount of mold present;(2) provide any other information regarding the sample that the submitter requests; and(3) obtain any other information that the laboratory deems useful.(c) Qualifications. A person must submit documentation showing that:(1) the laboratory is accredited by the American Industrial Hygiene Association under the Environmental Microbiology Laboratory Accreditation Program (EMLAP); or(2) the laboratory is accredited or certified by a program deemed equivalent by the department for the preparation and analysis of mold; or(3) all individuals who will analyze mold samples are certified by the Pan-American Aerobiology Certification Board or a program deemed equivalent by the department, if the laboratory will analyze only non-culturable samples; or(4) all individuals who will analyze mold samples:(A) have at least a bachelor's degree in microbiology or biology;(B) have successfully completed training in mold analysis offered by the McCrone Research Institute or by a program deemed equivalent by the department, including receiving a training certificate; and(C) have a least three years of experience as a mold microscopist(5) mold analysis activity at the laboratory is overseen by a full-time mycologist or microbiologist with:(A) an advanced academic degree; or(B) at least two years of experience in mold analysis.(d) Eligibility for licensing. To obtain a mold analysis laboratory license, a person must:(1) comply with subsection (c);(2) comply with the requirement for insurance coverage under §78.40; and(3) pay the fee required under §78.80.(e) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:(1) proof of compliance with the insurance requirement for licensees specified in §78.40;(2) evidence acceptable to the department that the laboratory meets one of the qualification requirements under subsection (c);(3) the name, address, and occupation of each person that has an ownership interest of 10% or more in the laboratory; and(4) the name of each individual designated by the applicant as a responsible person.(f) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, the mold analysis laboratory shall:(1) provide to a client, as applicable, details of analysis methods used, amounts (percentages) analyzed, raw counts for each genus of mold that is identified, magnification used for counting and identifying mold, and culture media and conditions used;(2) provide the department-issued license number of the laboratory on its analysis reports;(3) ensure that all individuals who will conduct mold analysis are properly trained in analysis techniques; and(4) maintain accreditation or certification required under subsection (c). A licensed mold assessment laboratory that loses the required accreditation or certification must:(A) provide to the department written notification of a change in accreditation or certification status within 30 calendar days after the change; and(B) cease providing services until the accreditation or certification is reinstated or it otherwise comes into compliance with subsection (c).", "sourceNote": "Source Note: The provisions of this §78.62 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191682", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.64", "label": "Mold Training Provider Accreditation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185599", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Accreditation requirement. A person must be accredited as a mold training provider to offer mold training courses that are prerequisites for licensing.(b) Authorizations and Conditions. The following shall apply to issuance of accreditations under this section.(1) Accredited training providers:(A) may not transfer the accreditation to any other person, including to any company that has bought the accredited entity; and(B) must apply for a name change within 30 calendar days after a change in the name of the accredited entity only.(2) A person must obtain accreditation before providing training when the transfer of an accredited person occurs.(3) A person shall not advertise, offer, or provide a training course for fulfillment of requirements for a license or renewal of a license under this chapter unless the department or the department's designee has approved the course under §78.66.(A) Accredited training providers may offer, without department approval, mold remediation worker training courses and other courses relevant to mold-related activities, including, but not limited to, courses on respirator training and compliance.(B) Accredited training providers shall use only approved instructors for mold remediation worker training courses.(4) Accredited training providers must offer approved courses as described below.(A) Each training course shall address only one license type and shall not be combined with other areas of licensure. Initial training courses shall not be combined with continuing education courses. This prohibition against combined training applies to hands-on training sessions as well as other aspects of the course.(B) Training providers shall conduct each course in one language throughout and a course shall not be combined with the same course taught in another language. A training provider may offer a course in a language other than English if all instructors and guest speakers are fluent in that language and all books, training materials, and course tests are in that language.(C) Accredited mold training providers are authorized to offer:(i) a mold assessment technician or mold assessment consultant training course to persons applying for a mold assessment technician license; and(ii) a mold assessment technician or mold assessment consultant continuing education training course to persons renewing a mold assessment technician license.(5) Training providers shall not conduct any approved course for more than eight training hours (including hands-on portions) in a calendar day.(6) A training provider must require instructors and guest speakers to present in person during at least 50% of the classroom instruction and all of the hands-on instruction. The training provider may allow an instructor or guest speaker to use training films and videos, but audiovisual materials shall not be used as substitutes for the required in-person presentations or the hands-on instruction.(7) Courses requiring hands-on practical training must be presented in an environment that permits each student to have actual experience performing tasks associated with the mold-related activity.(8) The maximum number of students in a lecture session shall be 40. Hands-on training sessions shall maintain a student-to-instructor ratio of not more than 15 to one and must be conducted so that the instructor is able to assist and evaluate each student individually. Field trips shall maintain a student-to-instructor ratio of not more than 40 to one.(9) Accredited training providers shall conduct approved training courses in facilities acceptable as classrooms and conducive to learning. The facilities must have restrooms available for the students.(10) Course instructors shall maintain an attendance record for each course and take attendance at the beginning of each four-hour instruction segment. A student who is absent from more than 10% of the course instruction, including hands-on sessions and field trips, is ineligible to complete the course.(11) An accredited training provider shall verify and keep a written record of the student scores on each course test.(A) The training provider shall have a written policy concerning the administration of tests, including allowing only one re-test per student for each course.(B) The use of the same questions for both the original and re-test is prohibited.(C) Oral course tests are not allowed; however, a training provider may read the written test questions and possible answers to a student who must then mark his or her answer on an answer sheet.(D) If a student fails the re-test, the student must repeat the course and pass a new test.(12) An individual instructor shall not train himself/herself to qualify for a license or a registration.(c) Qualifications. To qualify for an accreditation, a training provider must:(1) have a written policy concerning refunds and cancellations including cancellation procedures in all languages in which training is offered;(2) provide the refund and cancellation policy to students before payment of fees;(3) designate one or more individuals as responsible persons;(4) employ a mold training manager who meets at least one of the following requirements in (A), (B), or (C):(A) at least two years of experience, education, or training in teaching adults;(B) a bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, or business administration or program management;(C) at least two years of experience in managing an occupational health and safety training program specializing in environmental hazards; and(D) has demonstrated experience, education, or training in mold assessment or remediation, lead or asbestos abatement, occupational safety and health, or industrial hygiene;(5) provide for each course a qualified principal instructor who is:(A) approved by the training provider; and(B) meets the requirements under §78.66; and(6) develop and implement a plan to maintain and improve the quality of the training program. This plan shall contain at least the following elements:(A) procedures for periodic revision of training materials and the course test to reflect innovations in the field; and(B) procedures for the training manager's annual review of instructor competency.(d) Eligibility for accreditation. To obtain a mold training provider accreditation, a person must:(1) comply with subsection (c); and(2) pay the fee required under §78.80.(e) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:(1) the name, address, and occupation of each person that has an ownership interest of 10% or more in the applicant;(2) a complete application for approval of at least one training course; and(3) a description of the training provider's organization, including:(A) the address of its central office;(B) the names and business addresses of its principals;(C) the name of each individual designated by the applicant as a responsible person;(D) a statement of any affiliation with other mold-related companies doing business in Texas;(E) a listing of the courses to be offered; and(F) the identity of the qualified staff member designated as the mold training manager.(f) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, an accredited mold training provider shall:(1) present to students all course information and material approved by the department;(2) furnish appropriate equipment in good working order and in sufficient quantities for each training session in which equipment is required;(3) maintain the hands-on skills assessment to ensure that it accurately evaluates student performance of the work practices and procedures associated with the course topics contained in §78.68;(4) maintain the validity and integrity of each course test to ensure that it accurately evaluates the student's knowledge and retention of the course topics;(5) at the conclusion of each training course, provide to each student who successfully completes the course and passes the required course test, if applicable:(A) a course completion certificate as described in §78.66(c); and(B) information regarding the state application and examination process, as applicable;(6) submit to the department within seven calendar days after the completion date of each course the names and number identifiers of each student who attended the course, on a department-approved form or in a manner specified by the department;(7) make all records required under this section available for inspection by the department or the department's designee immediately upon conclusion of a course and the course test;(8) document that each person who receives a certificate has successfully completed a training course in accordance with §78.68 and has achieved a passing score on the written test, if applicable;(9) for each mold training course for a license or registration, maintain a file that includes:(A) the training course name;(B) the date the course was provided;(C) the subject area of the course taught;(D) the names of all instructors and guest speakers who taught the course;(E) a roster of all students in the course;(F) the names of students receiving certificates;(G) the certificate numbers; and(H) the expiration date of the training, if applicable; and(10) for each training course for a mold license, maintain in the file:(A) a copy of the course test;(B) each student's identified, graded answer sheet;(C) the date and location where the test was administered; and(D) the name of the test proctor; and(11) ensure that all information from the training course and course test, if applicable, corresponds to the information on each person's course completion certificate.(g) Inspections and audits. The department or its representative or designee may audit any training course. Training providers shall permit the department or its representatives or designees to attend, evaluate, and monitor any training course, without charge or advance notice, to ensure compliance with this chapter.", "sourceNote": "Source Note: The provisions of this §78.64 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185599", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.66", "label": "Training: Approval of Mold Training Courses and Instructors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185600", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General provisions. Mold training providers must obtain approval of training courses and provide the names of approved instructors to the department in advance of the courses being offered except as provided under §78.64(b)(3)(A). Each application for course approval must be made on a separate application form.(b) Application for course approval. An application must be submitted on a department-approved form or in a manner specified by the department. A complete application for training course approval shall include:(1) the training program provider's name, business address and telephone number;(2) the area of licensure and type of course (initial or continuing education) for which approval is being sought, including the course length in training hours;(3) a detailed outline of each course curriculum including the specific topics taught, the amount of time allotted to each topic, and the amount and type of hands-on training for each topic;(4) a description of the facilities and equipment available for lecture and hands-on training;(5) a copy of the course test blueprint (written documentation of the proportion of test questions devoted to each major topic in the course);(6) a copy of all course materials including student manuals, instructor notebooks, handouts, and other course-related materials in all languages taught;(7) the names of all course instructors; and(8) a description and example of the course completion certificates to be issued to students.(c) Course completion certificates must have a unique certificate number and must include:(1) the training facility's name, address, and telephone number;(2) the printed name and signature of the course instructor;(3) the license number of the person who provided the training, if applicable;(4) the student's name;(5) a statement that the student successfully completed the course and the name and dates of the training course completed; and(6) the signature of the course director or the principal officer, owner, or chief executive officer of the training provider.(d) Changes to training courses and certificates. An accredited training provider must receive department approval for changes to approved training courses, course completion certificates, or to any of the items listed in subsection (b). Accredited training providers must submit requests in writing and shall not offer training courses incorporating any changes until the department or the department's designee has granted approval.(e) Instructor approval. Only qualified instructors who are approved by the training provider may provide instruction in courses required under this chapter, except that guest speakers are permitted to provide limited instruction as provided under subsection (f).(1) An accredited training provider shall:(A) fully document instructor qualifications;(B) approve and use for instruction of mold training courses only instructors who meet the qualifications in this subsection;(C) notify the department or the department's designee of its roster of approved instructors on a department-approved form or in a manner specified by the department before providing training courses;(D) notify the department or its designee of additions and deletions to its instructor roster in a manner specified by the department within 15 calendar days after the change of instructors;(E) ensure that instructors and guest speakers meet all qualifications for each area of licensure for which they are approved to provide instruction; and(F) provide documentation of instructor qualifications upon request by the department or its designee.(2) Instructor qualifications. An accredited mold training provider shall ensure that instructors are qualified in at least one of the following categories:(A) at least two years of actual hands-on experience in mold-related activities for the subject that the instructor will teach, and a high school diploma and completion of at least one teacher education course in vocational or industrial teaching; or(B) graduation from an accredited college or university with a bachelor's degree or advanced degree in natural or physical sciences or a related field, with one year of hands-on experience in mold-related activities; or(C) at least three years teaching experience and completion of one or more teacher education courses in vocational or industrial teaching from an accredited two or four-year college, with one year of hands-on experience in mold-related activities; or(D) a vocational teacher with certification from the Texas Education Agency with one year of hands-on experience in mold-related activities.(3) Instructor training. Each instructor shall meet the training course requirements under §78.68 as appropriate for each area of licensure for which the instructor is approved to teach. Instructors are not required to be separately licensed or registered.(f) Guest speakers. Training providers may utilize guest speakers to present training who have documentable and verifiable professional expertise on the subject about which they are speaking. Training providers are not required to obtain department approval for guest speakers but must maintain proof of each guest speaker's qualifications in accordance with this section and §78.74.", "sourceNote": "Source Note: The provisions of this §78.66 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185600", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.68", "label": "Training: Mold Training Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191683", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General provisions. Individual applicants for licensing or renewal must submit evidence acceptable to the department of fulfillment of specific training requirements.(b) Assessment technician training. The assessment technician training course shall consist of at least 24 training hours that includes lectures, demonstrations, audio-visuals and hands-on training, course review, and a written test of 50 multiple-choice questions. The course requirements in paragraphs (3), (5) - (8), and (10), require hands-on training as an integral part of the course. The assessment technician course shall include:(1) sources of, conditions necessary for, and prevention of indoor mold growth;(2) potential health effects, in accordance with a training protocol developed in consultation with state professional associations, including at least one representing physicians;(3) workplace hazards and safety, including personal protective equipment, and respirators;(4) technical and legal considerations for mold assessment, including applicable regulatory requirements, the role of the mold assessment technician, and the roles of other professionals (including an assessment consultant);(5) performance of visual inspections where mold might be present and determining sources of moisture problems, including exterior spaces (including crawlspaces and attics), interior components (including windows, plumbing, walls, and ceilings) and heating, ventilation, and air-conditioning (HVAC) systems (including return air and supply ducts);(6) utilization of physical measurement equipment and tools, including moisture meters, humidity meters, particle counters, data-logging equipment, and visual and robotic inspection equipment;(7) biological sampling strategies and methodologies, including sampling locations and techniques, and minimizing cross-contamination;(8) sampling methodologies, including bulk, surface (including tape, swab, and vacuum sampling), and air sampling (including the differences between culturable and particulate sampling, sampling times, calibrating pumps, selecting media for culturable samples, and sampling for fungal volatile organic compounds);(9) state-of-the-art work practices and new technologies;(10) proper documentation for reports, including field notes, measurement data, photographs, structural diagrams, and chain-of-custody forms;(11) an overview of mold remediation projects and requirements, including containment and air filtration; and(12) clearance testing and procedures, including review of mold remediation protocols, work plans, visual inspections, and sampling strategies.(c) Assessment consultant training. The assessment consultant training course shall consist of at least 40 training hours that includes lectures, demonstrations, audio-visuals and hands-on training, course review, and a written test of 100 multiple-choice questions. The assessment consultant training course shall include:(1) all topics listed under subsection (b), including appropriate hands-on activities;(2) requirements concerning workplace safety, including components of and development of respiratory protection plans and programs, workplace safety plans, and medical surveillance programs;(3) technical and legal considerations for mold assessment, including applicable regulatory requirements, the role of the assessment consultant, the roles of other professionals, recordkeeping and notification requirements, insurance, and legal liabilities;(4) an overview of building construction, building sciences, moisture control, and water intrusion events;(5) prevention of indoor air quality problems, including avoiding design and construction defects and improving maintenance and housekeeping;(6) basics of HVAC systems and their relationship to indoor air quality (including pyschrometrics, filtration, ventilation and humidity control), HVAC inspection and assessment, and remediation of HVAC systems;(7) survey protocols for effective assessment, covering the areas described under subsection (b)(5) - (8);(8) interpretation of data and sampling results;(9) interviewing building occupants, minimum requirements for questionnaires, and interpreting results;(10) writing mold management plans and mold remediation protocols, including format and contents (including structural components, HVAC systems, and building contents), defining affected areas (including floor plans), identifying and repairing moisture sources and their causes, developing a scope of work analysis, specifying containment and air filtration strategies, determining post-remediation assessment criteria, and clearance criteria;(11) post-remediation clearance testing and procedures, including review of mold remediation plans, visual inspections, sampling strategies, and quality assurance; and(12) case studies.(d) Remediation worker training. Remediation worker training shall consist of at least four training hours that includes lectures, demonstrations, audio-visuals, and hands-on training. The training shall include all course information and material required under this subsection. An individual must successfully complete worker training and become registered as a mold remediation worker before performing mold remediation activities.(1) The training must be provided by either:(A) a licensed mold remediation contractor or licensed mold remediation company; or(B) a mold training provider accredited by the department.(2) The principal instructor for the training must be:(A) a licensed mold remediation contractor; or(B) an individual who is approved under §78.66 to teach mold-related courses.(3) The training shall adequately address the following areas and shall include hands-on training in the areas described in subparagraphs (C) and (E) - (F):(A) sources of indoor mold and conditions necessary for indoor mold growth;(B) potential health effects and symptoms from mold exposure, in accordance with a training protocol developed in consultation with state professional associations, including at least one representing physicians;(C) workplace hazards and safety, personal protective equipment including respirators, personal hygiene, personal decontamination, confined spaces, and water, structural, and electrical hazards;(D) technical and legal considerations for mold remediation, including applicable regulatory requirements, the role of the worker, and the roles of other professionals;(E) an overview of how mold remediation projects are conducted, including containment and air filtration; and(F) work practices for removing, cleaning, and treating mold.(e) Remediation contractor training. The remediation contractor training course shall consist of at least 40 training hours that includes lectures, demonstrations, audio-visuals and hands-on training, course review, and a written test of 100 multiple-choice questions. The course requirements in paragraphs (3) and (7) - (8), require hands-on training as an integral part of the training. The course shall adequately address:(1) sources of indoor mold and conditions necessary for indoor mold growth;(2) potential health effects, in accordance with a training protocol developed in consultation with state professional associations, including at least one representing physicians;(3) requirements concerning workplace hazards and safety, personal protective equipment including respirators, personal hygiene, personal decontamination, confined spaces, and water, structural, and electrical hazards;(4) requirements concerning worker protection, including components of and development of respiratory protection plans and programs, workplace safety plans, and medical surveillance programs;(5) technical and legal considerations for mold remediation, including applicable regulatory requirements, the role of the mold remediation contractor, the role of the mold remediation worker, the roles of other professionals, insurance, legal liabilities, and recordkeeping and notification requirements;(6) building sciences, moisture control, and water intrusion events;(7) an overview of how mold remediation projects are conducted and requirements thereof, including containment, and air filtration;(8) work practices for removing, cleaning, and treating mold, including state-of-the-art work practices and new technologies;(9) development of a mold remediation work plan from a protocol, including writing the work plan, detailing remediation techniques for the building structure, HVAC system, and contents, delineating affected areas from floor plans, developing appropriate containment designs, determining HEPA air filtration requirements, and determining dehumidification requirements;(10) clearance testing and procedures, including a review of typical clearance criteria, visual inspection of the work area before clearance, and achieving clearance;(11) contract specifications, including estimating job costs from a protocol and determining insurance and liability issues; and(12) protecting the public and building occupants from mold exposures.(f) Continuing education training courses.(1) The continuing education courses for mold assessment technicians, mold assessment consultants, and mold remediation contractors shall be at least eight training hours in length.(2) Continuing education training for mold remediation workers shall be at least four training hours in length and shall be provided by a person specified under subsection (d)(1).(3) Continuing education training shall include a review of state regulations, state-of-the-art developments, and key aspects of the initial training course.(g) Course tests.(1) Each training provider shall administer a closed-book written test to students who have completed any training course required under this chapter, except that no examination is required of students in remediation worker training.(2) The test for the initial training course for assessment technician shall consist of 50 multiple-choice questions.(3) The test for the initial training course for assessment consultant and remediation contractor shall consist of 100 multiple-choice questions.(4) Training providers may include demonstration testing as part of the test for the initial training course.(5) The continuing education tests shall consist of at least ten questions.(6) Students passing the test shall receive a course completion certificate.(7) Training providers shall use course tests provided or approved by the department or the department's designee.", "sourceNote": "Source Note: The provisions of this §78.68 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191683", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.70", "label": "Responsibilities of Credentialed Persons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185602", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons who are licensed, registered, or accredited under this chapter shall, as applicable:(1) adhere to the code of ethics prescribed by §78.72;(2) comply with work practices and procedures of this chapter;(3) present to the department or the department's representative upon request any identification card, credential, or certificate issued by the department or the department's representative or designee;(4) comply with the requirements of §1958.155 of the Act (relating to Conflict of Interest; Disclosure Required);(5) maintain insurance coverage required under §78.40 while engaging in mold-related activities regulated under this chapter;(6) comply with the recordkeeping responsibilities under §78.74;(7) cooperate with department personnel and representatives or designees of the department in the discharge of their official duties, as described in §78.85; and(8) notify the department of the following changes no later than the indicated time period after such changes occur, on a department-approved form in a manner specified by the department:(A) withdrawal of licensed mold remediation contractor or licensed mold remediation company from association with a mold remediation project- five calendar days.(B) addition of licensed mold remediation company to association with a mold remediation project- one calendar day.(C) change in mailing address or telephone number- 30 calendar days.(D) change of persons who have an ownership interest of 10% or more in a person licensed or accredited under this chapter, including additions to or deletions from any list of such persons previously supplied to the department and any changes in the names, addresses, or occupations of any persons on such a list- 30 calendar days.(E) addition or deletion of a responsible person- 30 calendar days.(b) All individuals who are required to be licensed or registered under this chapter must have a valid department-issued identification card, credential, or certificate, as applicable, present at the worksite when engaged in mold-related activities.(c) The licensee overseeing mold-related activities, with the exception of activities performed by a mold analysis laboratory, must ensure that a client and the property owner (or the property owner's designee), if not the same, are provided a copy of the department Consumer Mold Information Sheet (CMIS).(1) The licensee shall provide the CMIS on the earlier of:(A) the first contact with the client, potential client, or property owner or designee of the property owner, or(B) at least one calendar day before the initiation of any mold-related activity.(2) In an emergency as described in §78.110(e), the licensee shall ensure that the Consumer Mold Information Sheet is provided to the client and the property owner (or the property owner's designee), if not the same, as soon as practicable but not later than the following calendar day after the licensee identifies the emergency.(d) Credentialed persons are responsible for determining whether the mold-related activities in which they will engage require additional credentials beyond those required under this chapter.(e) No person shall sell, assign, or transfer a credential, identification card, certificate, or approval issued under this chapter. A person shall obtain a new credential or approval after the transfer of a person that is not an individual before activities requiring a credential or approval under this chapter may be conducted.(f) The individual that is designated by a licensed mold assessment company or mold remediation company as its responsible person shall not be the responsible person for another licensee with the same category of license.(g) Consumer complaint information.(1) A licensed or accredited person shall notify each client of the department's name, web address, mailing address, and telephone number for the purpose of directing complaints to the department.(2) The information shall be displayed on written documents provided by the credentialed person to a client, property owner, or third party, including mold assessment reports and protocols, mold remediation work plans, bids, estimates, contracts, bills for service, and information brochures.(h) Office requirement. A person licensed under this chapter must maintain an office in Texas. An individual employed by a person licensed under this chapter is considered to maintain an office in Texas through that employer.", "sourceNote": "Source Note: The provisions of this §78.70 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185602", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.72", "label": "Code of Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191684", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section is to establish the standards of professional and ethical conduct required of all persons holding credentials issued under this chapter.(b) All credentialed persons shall, as applicable to their area of credentialing:(1) undertake to perform only services for which they are qualified by credential, education, training or experience in the specific technical fields involved;(2) meet or exceed the minimum standards for mold assessment and remediation in this chapter;(3) not participate in activities where a conflict of interest might arise, pursuant to §1958.155 of the Act (relating to Conflict of Interest; Disclosure Required) and disclose any known or potential conflicts of interest to any party affected or potentially affected by such conflicts;(4) provide only necessary and desired services to a client and not sell unnecessary or unwanted products or services;(5) to the extent required by law, keep confidential any personal information regarding a client, including medical conditions, obtained during the course of a mold-related activity;(6) not misrepresent any professional qualifications or credentials;(7) not provide to the department any information that is false, deceptive, or misleading;(8) cooperate with the department or the department's representative or designee by promptly furnishing required documents or information and by promptly responding to requests for information;(9) not work if impaired as a result of drugs, alcohol, sleep deprivation or other conditions and not allow those under their supervision to work if known to be impaired;(10) maintain knowledge and skills for continuing professional competence and participate in continuing education programs and activities;(11) not make any false, misleading, or deceptive claims, or claims that are not readily subject to verification, in documents or statements including any advertising, announcement, presentation, competitive bidding, mold assessment report, mold analysis, mold remediation protocol, or mold remediation work plan; and(12) not make a representation that is designed to take advantage of the fears or emotions of the public or a customer.(c) Duty to report ethical violations. All credentialed persons:(1) have the responsibility of promptly reporting alleged misrepresentations or violations of the Act or this chapter to the department;(2) are responsible for competent and efficient performance of their duties and shall report to the department incompetent, illegal, or unethical conduct of any practitioner of mold assessment or remediation; and(3) shall not retaliate against any person who reported in good faith to the department alleged incompetent, illegal or unethical conduct.", "sourceNote": "Source Note: The provisions of this §78.72 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191684", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.74", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191685", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Record retention. Records and documents shall be retained for the time periods specified in this section.(1) Records and documents shall be made available for inspection by the department or the department's representative or designee immediately upon request.(2) Licensees and accredited training providers who cease to do business shall notify the department in a manner specified by the department at least 30 calendar days before such event to advise how they will maintain all records during the minimum three- or five-year retention period. The department, upon receipt of such notification and at its option, may provide instructions for how the records shall be maintained during the required retention period. A licensee or accredited person shall notify the department that it has complied with the department's instructions within 30 calendar days after their receipt or make other arrangements approved by the department.(3) Licensees and accredited training providers may maintain the records required under this section in an electronic format unless otherwise indicated.(4) Licensees and accredited training providers who maintain the required records in an electronic format shall provide paper copies of records or the original paper documents to the department or the department's representative or designee on request.(b) Mold remediation companies and contractors.(1) A licensed mold remediation company or a licensed mold remediation contractor not employed by a company shall maintain the following records and documents for three years following the stop date of each project that the company or contractor performs:(A) the mold remediation work plan;(B) photographs of the scene of the mold remediation taken before and after the remediation;(C) the written contract between the mold remediation company or remediation contractor and the client, and any written contracts related to the mold remediation project between the company or contractor and any other party;(D) all invoices issued regarding the mold remediation; and(E) copies of all certificates of mold remediation issued by the company or contractor.(2) A licensed mold remediation contractor or a licensed mold remediation company providing mold remediation worker training shall maintain the records required to be created, compiled, or maintained by §78.58(f)(5) and §78.60(e)(4) for five years following the provision of a training course or the issuance of a training certificate.(c) Mold assessment companies and consultants.(1) A licensed mold assessment company or a licensed mold assessment consultant not employed by a company shall maintain the following records and documents for the time period required under paragraph (2) for each mold assessment project that the company or consultant performs:(A) the name and mold credential number of each of its employees who worked on the project and a description of each employee's involvement with the project;(B) the written contract between the mold assessment company or consultant and the client;(C) all invoices issued regarding the mold assessment;(D) copies of all laboratory reports and sample analyses;(E) copies of all photographs required under §78.140;(F) copies of all mold remediation protocols and changes prepared as a result of mold assessment activities; and(G) copies of all passed clearance reports issued by the company or consultant.(2) For each project, a licensed mold assessment company or consultant shall maintain all the records listed in paragraph (1) until:(A) the company or consultant issues a mold assessment report, management plan, or remediation protocol to a client, if the company or consultant performs only the initial assessment for the project; or(B) the company or consultant issues the final status report to the client, if a final status report is issued; or(C) the company or consultant provides the signed Certificate of Mold Damage Remediation to a mold remediation contractor or company, if a Certificate of Mold Damage Remediation is provided.(d) Mold analysis laboratories. A licensed mold analysis laboratory shall maintain copies of the results, including the sample identification number, of all analyses performed as part of a mold assessment or mold remediation for three years from the date of the sample analysis.(e) Training providers. Accredited training providers shall retain all records required to be created, compiled, or maintained by §§78.64, 78.66, and 78.68 for a period of five years following the most recent applicable event related to the records, including:(1) the accreditation of the training provider;(2) the approval of a course or instructor;(3) the employment of a mold training manager;(4) the termination of an instructor or mold training manager;(5) the termination of the training provider accreditation;(6) the provision of a training course;(7) the issuance of a training certificate;(8) the creation, amendment, or termination of a plan or policy.", "sourceNote": "Source Note: The provisions of this §78.74 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191685", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185605", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are nonrefundable.(b) Schedule of Fees.(1) Fees for Notifications:(A) Notification of mold remediation, initial: owner-occupied residential dwelling unit--$25(B) Notification of mold remediation, initial: other than owner-occupied residential dwelling unit--$25(2) Fees for Credentials:(A) Mold assessment technician license or renewal--$150(B) Mold assessment consultant license or renewal--$500(C) Mold assessment company license or renewal--$850(D) Mold remediation worker registration or renewal--$50(E) Mold remediation contractor license or renewal--$450(F) Mold remediation company license or renewal--$850(G) Mold analysis laboratory license or renewal--$750(H) Mold training provider accreditation or renewal--$750(3) Fees for Approval of Training Courses:(A) Application for approval of initial mold training course--$100(B) Application for approval of initial mold training course when submitted concurrent with application for mold training provider initial accreditation--$0(C) Application for approval of continuing education mold training course--$100(D) Application for approval of continuing education mold training course when submitted concurrent with application for mold training provider initial accreditation--$0(4) Fee for a replacement or duplicate credential, certificate, or identification card --$25(c) Late renewal fees for licenses, registrations, and accreditations issued under this chapter are prescribed under §60.83 of this title (relating to Late Renewal Fees).(d) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).(e) The fee for a dishonored/returned check or payment is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).", "sourceNote": "Source Note: The provisions of this §78.80 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185605", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.85", "label": "Inspections and Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185606", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department or the department's representative or designee may inspect or investigate the business practices of any persons involved with mold-related activity for compliance with this chapter.(b) The department or the department's representative or designee, upon presenting identification, shall have the right to enter any area or environment, including but not limited to any containment area, building, construction site, storage or office area, or vehicle to review records, to question any person, or to locate, identify, or assess areas of mold growth for the purpose of inspection and investigation for compliance with this chapter.(c) The department or its representative or designee conducting official duties is not required to notify in advance or seek permission to conduct inspections or investigations.(1) It is a violation for any person to interfere with, deny, or delay an inspection or investigation conducted by the department or its representative or designee.(2) The department or its representative or designee shall not be impeded or refused entry in the course of official duties by reason of any regulatory or contractual specification.", "sourceNote": "Source Note: The provisions of this §78.85 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185606", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185607", "queryAsDate": "03/11/2026" }, "ruleBody": "Violations of the Texas Occupations Code, Chapters 51 or 1958, this chapter, or a rule or order of the executive director or commission may result in proceedings to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Texas Occupations Code and the associated rules.", "sourceNote": "Source Note: The provisions of this §78.90 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185607", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.92", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185608", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1958, and the associated rules may be used to enforce Texas Occupations Code, Chapter 1958 and this chapter.", "sourceNote": "Source Note: The provisions of this §78.92 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185608", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.100", "label": "Minimum Work Practices and Procedures for Mold Assessment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185609", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. These general work practices are minimum requirements and do not constitute complete or sufficient specifications for mold assessment. More detailed requirements developed by an assessment consultant for a mold assessment or for a particular mold remediation project shall take precedence over the provisions of this section.(b) Purpose. The purpose of a mold assessment is to determine the source(s), location(s), and extent of mold growth in a building, to determine the condition(s) that caused the mold growth, and to enable the assessment consultant to prepare a mold remediation protocol.(c) Personal protective equipment for assessors. If an assessment consultant or company determines that personal protective equipment (PPE) should be used during a mold assessment project, the assessment consultant or company shall ensure that all individuals who engage in assessment activities and who will be, or are anticipated to be, exposed to mold are provided with, fit tested for, and trained on the appropriate use and care of the specified PPE. The assessment consultant or company must document successful completion of the training before the individuals perform regulated activities.(d) Sampling and data collection. If samples for laboratory analysis are collected during the assessment:(1) sampling must be performed according to nationally accepted methods;(2) preservation methods shall be implemented for all samples where necessary;(3) proper sample documentation, including the sampling method, the sample identification code, each location and material sampled, the date collected, the name of the person who collected the samples, and the project name or number must be recorded for each sample;(4) proper chain of custody procedures must be used; and(5) samples must be analyzed by a laboratory licensed under §78.62.(e) Mold remediation protocol. An assessment consultant shall prepare a mold remediation protocol that is specific to each remediation project and provide the protocol to the client at least one calendar day before remediation activities begin. The mold remediation protocol must specify:(1) the rooms or areas where the work will be performed;(2) the estimated quantities of materials to be cleaned or removed;(3) the methods to be used for each type of remediation in each type of area;(4) the PPE to be used by remediators. A minimum of an N-95 respirator is recommended during mold-related activities when mold growth could or would be disturbed. Using professional judgment, a consultant may specify additional or more protective PPE if he or she determines that it is warranted;(5) the proposed types of containment, as that term is defined in §78.10(9) and as described in subsection (g), to be used during the project in each type of area; and(6) the proposed clearance procedures and criteria, as described in subsection (i), for each type of remediation in each type of area.(f) Building occupants. A mold assessment consultant shall consider whether to recommend to a client that, before remediation begins, the client should inform building occupants of mold-related activities that will disturb or will have the potential to disturb areas of mold contamination.(g) Containment requirements. Containment must be specified in a mold remediation protocol when the mold contamination affects a total surface area of 25 contiguous square feet or more for the project.(1) Containment is not required if only persons who are licensed or registered under this chapter occupy the building in which the remediation takes place at any time between the start-date and stop-date for the project as specified on the notification required under §78.110.(2) The containment specified in the remediation protocol must prevent the spread of mold to areas of the building outside the containment under normal conditions of use.(3) If walk-in containment is used, supply and return air vents must be blocked, and air pressure within the walk-in containment must be lower than the pressure in building areas adjacent to the containment.(A) Operation of equipment to recirculate air inside of containment without maintaining negative air pressure may be conducted when the specific conditions, phases, and time periods during which it may or must occur are specified in the mold remediation protocol before commencing this use of equipment.(B) Operation of equipment to recirculate air inside of containment without maintaining negative air pressure is prohibited during periods of active mold remediation activity.(h) Disinfectants, biocides and antimicrobial coatings. An assessment consultant who indicates in a remediation protocol that a disinfectant, biocide, or antimicrobial coating will be used on a mold remediation project shall indicate a specific product or brand only if it is registered by the United States Environmental Protection Agency (EPA) for the intended use and if the use is consistent with the manufacturer's labeling instructions. A decision by an assessment consultant to use such products must take into account the potential for occupant sensitivities and possible adverse reactions to chemicals that have the potential to be off-gassed from surfaces coated with such products.(i) Clearance procedures and criteria. In the remediation protocol for the project, the assessment consultant shall specify:(1) at least one nationally recognized analytical method for use within each remediated area in order to determine whether the mold contamination identified for the project has been remediated as outlined in the remediation protocol;(2) the criteria to be used for evaluating analytical results to determine whether the remediation project passes clearance;(3) that post-remediation assessment shall be conducted while walk-in containment is in place, if walk-in containment is specified for the project; and(4) the procedures to be used in determining whether the underlying cause of the mold identified for the project has been remediated so that it is reasonably certain that the mold will not return from that same cause.", "sourceNote": "Source Note: The provisions of this §78.100 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185609", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.110", "label": "Notification of Mold Remediation Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191686", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General provision. A mold remediation contractor or company shall notify the department or the department's representative or designee of a mold remediation, as defined in §78.10(29), when mold contamination affects a total surface area of 25 contiguous square feet or more. The notification shall be:(1) submitted to the department or its representative or designee no less than five calendar days before the anticipated start date of the mold remediation. The mold remediation contractor or company shall retain a confirmation that the department received the notification;(2) submitted on a department-approved form in a manner specified by the department. The form must be filled out completely and properly. Blanks that do not apply shall be marked \"N/A.\" The \"N/A\" designation will not be accepted for identification of the work site, building description, building owner, individuals required to be identified on the notification form, start- and stop-dates, or scheduled hours of mold remediation;(3) completed to identify the responsible person; and(4) accompanied by the fee required under §78.80.(b) Start-date change to later date. When mold remediation activity is rescheduled to start later than the date or hours contained in the most recent notice, the mold remediation contractor or company shall submit a notification to the department in the manner specified by the department as soon as possible but before the start-date on the most recent notice. A written amended notification is required and shall be submitted in the manner specified by the department.(c) Start-date change to earlier date. When mold remediation activities begin on a date earlier than the date contained in the notice, the mold remediation contractor or company shall submit a notification to the department of the new start-date in the manner specified by the department at least five calendar days before the start-date unless the provisions of subsection (e) apply.(d) Start-date/stop-date requirement.(1) In no event shall mold remediation begin or be completed on a date other than the date contained in the written notice except for operations covered under subsection (e).(2) Amendments to start-dates must be submitted as required in subsections (b) and (c). The cancellation of a mold remediation project shall follow the requirements applicable to a start-date change to a later date.(3) The mold remediation contractor or company shall submit a notification with schedule changes including work-hour changes to the department no less than one calendar day before the most recent stop-date or the new stop-date, whichever comes first.(4) An amendment is required for any stop-dates that change by more than one workday.(e) Provision for emergency. An emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination.(1) In an emergency, the mold remediation contractor or company shall submit a notification to the department as soon as practicable but not later than the following working day after the licensee identifies the emergency.(2) The requirements of this section are applicable to an emergency with the exception of paragraph (a)(1). The contractor or company shall retain a confirmation that the notification was received by the department.", "sourceNote": "Source Note: The provisions of this §78.110 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191686", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.120", "label": "Minimum Work Practices and Procedures for Mold Remediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191687", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope. These general work practices are minimum requirements and do not constitute complete or sufficient specifications for a mold remediation project. More detailed requirements developed by an assessment consultant for a particular project shall take precedence over the provisions of this section.(b) Remediation work plan. A remediation contractor shall prepare a mold remediation work plan that is specific to each project, fulfills all the requirements of the mold remediation protocol, and provides specific instructions and/or standard operating procedures for how a mold remediation project will be performed.(c) On-site records. A licensed mold remediation company and a licensed mold remediation contractor who is not employed by a company shall maintain the following records and documents on-site at the location of the mold-related activities at a project for its duration:(1) a current copy of the mold remediation work plan and all mold remediation protocols used in the preparation of the work plan; and(2) a listing of the names and license or registration numbers of all individuals working on the remediation project.(d) Personal protective equipment (PPE) requirements. If an assessment consultant specifies in the mold remediation protocol that PPE is required for the project, the remediation contractor or company shall provide the specified PPE to all individuals who engage in remediation activities and who will, or are anticipated to, disturb or remove mold contamination, when the mold affects a total surface area for the project of 25 contiguous square feet or more. The recommended minimum PPE is an N-95 respirator.(1) Each individual who is provided PPE must receive training on the appropriate use and care of the provided PPE.(2) The remediation contractor or company must document successful completion of the training before the individual performs regulated activities.(e) Containment requirements. The containment specified in the remediation protocol must be used on a mold remediation project when the mold affects a total surface area of 25 contiguous square feet or more for the project.(1) Containment is not required if only persons who are licensed or registered under this chapter occupy the building in which the remediation takes place at any time between the start-date and stop-date for the project as specified on the notification required under §78.110.(2) The containment, when constructed as described in the remediation work plan and under normal conditions of use, must prevent the spread of mold to areas outside the containment.(3) If walk-in containment is used, supply and return air vents must be blocked and air pressure within the walk-in containment must be lower than the pressure in building areas adjacent to the containment.(A) Operation of equipment to recirculate air inside of containment without maintaining negative air pressure may be conducted when the specific conditions, phases, and time periods during which it may or must occur are specified in the mold remediation protocol before commencing this use of equipment.(B) Operation of equipment to recirculate air inside of containment without maintaining negative air pressure is prohibited during periods of active mold remediation activity.(4) The mold remediation contractor shall ensure that the containment is maintained in accordance with the work plan and the requirements of this chapter until the containment is removed.(f) Notice signs. Signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas.(1) Notice signs shall be at least eight (8) inches by ten (10) inches in size and shall bear the words \"NOTICE: Mold remediation project in progress\" in black on a yellow background. The text of the signs must be legible from a distance of ten (10) feet.(2) Notice signs must be displayed continuously during the period in which active moldremediation is ongoing.(g) Removal of containment. No person shall remove or dismantle any walk-in containment structures or materials from a project site before receipt by the licensed mold remediation contractor or remediation company overseeing the project of a written notice from a licensed mold assessment consultant that the project has achieved clearance as described under §78.140.(h) Disinfectants, biocides, and antimicrobial coatings.(1) A disinfectant, biocide, or antimicrobial coating may be used only if:(A) its use is specified in a mold remediation protocol;(B) it is registered by the United States Environmental Protection Agency (EPA) for the intended use; and(C) the use is consistent with the manufacturer's labeling instructions.(2) If a protocol specifies the use of a disinfectant, biocide, or antimicrobial coating but does not specify the brand or type of product, a remediation contractor may select the brand or type of product to be used, subject to the other provisions of this subsection. A decision by an assessment consultant or remediation contractor to use such a product must take into account the potential for occupant sensitivities and possible adverse reactions to chemicals that have the potential to be off-gassed from surfaces coated with the product.(3) A person who applies a biocide to wood to control a wood-infesting organism must be licensed by the Structural Pest Control Service of the Texas Department of Agriculture as provided under the Texas Occupations Code, Chapter 1951 (relating to Structural Pest Control) unless exempt under the Texas Occupations Code, Chapter 1951, Subchapter B (relating to Exemptions).", "sourceNote": "Source Note: The provisions of this §78.120 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191687", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.130", "label": "Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185612", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All provisions of §78.100 shall apply to the assessment of mold in HVAC systems.(b) All provisions of §78.120 shall apply to the remediation of mold in HVAC systems.(c) Disinfectants, biocides and antimicrobial coatings. A licensee or registered worker under this chapter may apply a disinfectant, biocide or antimicrobial coating in an HVAC system only in accordance with §78.120(h). The licensee or registered worker shall apply the product only after the building owner or manager has been provided a material safety data sheet for the product, has agreed to the application, and has notified building occupants in potentially affected areas before the application. The licensee or registered worker shall follow all applicable manufacturer's label directions when using the product.(d) Other license requirements.(1) Persons who perform air conditioning and refrigeration contracting (including the repair, maintenance, service, or modification of equipment or a product in an environmental air conditioning system, a commercial refrigeration system, or a process cooling or heating system) must be licensed by the department as provided under the Texas Occupations Code, Chapter 1302 (relating to Air Conditioning and Refrigeration Contractors).(2) A person who performs biomedical remediation as defined under 16 TAC, §75.10(6) must be licensed by the department in accordance with 16 TAC, Chapter 75 (relating to Air Conditioning and Refrigeration) unless exempt under 16 TAC, §75.30 (relating to Exemptions) or 16 TAC, §75.100 (relating to Technical Requirements).", "sourceNote": "Source Note: The provisions of this §78.130 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185612", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.140", "label": "Post-Remediation Assessment and Clearance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191688", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Clearance criteria. For a remediation project to achieve clearance, a licensed mold assessment consultant shall conduct a post-remediation assessment using visual, procedural, and analytical methods. If walk-in containment is used during remediation, the post-remediation assessment shall be conducted while the walk-in containment is in place. The post-remediation assessment shall determine whether:(1) the work area is free from all visible mold and wood rot; and(2) all work has been completed in compliance with the remediation protocol and remediation work plan and meets clearance criteria specified in the protocol.(b) Underlying cause of mold. Post-remediation assessment shall, to the extent feasible, determine that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated cause.(c) Analytical methods.(1) The assessment consultant shall perform a visual, procedural, and analytical evaluation in each remediated area in order to determine whether the mold contamination identified for the project has been remediated as outlined in the remediation protocol.(2) The consultant shall use only the analytical methods and the criteria for evaluating analytical results that were specified in the remediation protocol, unless circumstances beyond the control of the consultant and the remediation contractor or company necessitate alternative analytical methods or criteria. The consultant shall provide to the client written documentation of the need for any deviation from the remediation protocol and the alternative analytical methods and criteria selected, and shall obtain approval from the client for their use, before proceeding with the post-remediation assessment.(3) Where visual inspection reveals deficiencies sufficient to fail clearance, analytical methods need not be used.(d) Passed clearance report. An assessment consultant who determines that remediation has been successful shall issue a written passed clearance report to the client at the conclusion of each mold remediation project. The report must include the following:(1) a description of relevant worksite observations;(2) the type and location of all measurements made and samples collected at the worksite;(3) all data obtained at the worksite, including temperature, humidity, and material moisture readings;(4) the results of analytical evaluation of the samples collected at the worksite;(5) copies of all photographs taken by the mold assessment consultant; and(6) a clear statement that the project has passed clearance.(e) Final status report. If the mold assessment consultant determines that remediation has not been successful and ceases to be involved with the project before the project passes clearance, the consultant shall issue a written final status report to the client and to the remediation contractor or company performing the project. The status report must include the items listed in subsections (d)(1) - (5) and any conclusions that the consultant has drawn.", "sourceNote": "Source Note: The provisions of this §78.140 adopted to be effective November 1, 2017, 42 TexReg 4619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191688", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "78", "label": "MOLD ASSESSORS AND REMEDIATORS" }, "rule": { "number": "§78.150", "label": "Photographs; Certificate of Mold Damage Remediation; Duty of Property Owner" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113582", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than ten calendar days after the project stop-date, the licensed mold remediation contractor or company shall provide the property owner with copies of required photographs of the scene of the mold remediation taken before and after the remediation.(b) Not later than ten calendar days after the project stop-date, the licensed mold remediation contractor or company shall provide a Certificate of Mold Damage Remediation to the property owner on a form adopted by the Texas Commissioner of Insurance. The top section of this certificate is signed by a licensed mold assessment consultant and a mold remediation contractor for projects performed under the Texas mold assessment and remediation rules. The Certificate of Mold Damage Remediation must include the following:(1) a statement by a licensed mold assessment consultant (not the licensed mold remediator) that based on visual, procedural, and analytical evaluation, the mold contamination identified for the project has been remediated as outlined in the mold remediation protocol; and(2) a statement on the certificate that the underlying cause of the mold has been remediated, if the licensed mold assessment consultant determines that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that same cause.(c) The bottom section of the Certificate of Mold Damage Remediation is signed by a licensed mold assessment consultant on mold remediation projects that may be legally performed by unlicensed persons, certifying the property does not contain evidence of mold damage.(d) The mold assessment company or consultant and the mold remediation company or contractor shall retain copies of the completed certificate in their business files in accordance with the requirements in §78.74.(e) If a property owner sells the property, the property owner shall provide to the buyer a copy of each Certificate of Mold Damage Remediation issued for the property under this section during the five years preceding the date the property owner sells the property.", "sourceNote": "Source Note: The provisions of this §78.150 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113582", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113583", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of Texas Agriculture Code, Chapters 301 and 302, and Texas Occupations Code, Chapter 51.", "sourceNote": "Source Note: The provisions of this §79.1 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113583", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113584", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:(1) Act--The Texas Weather Modification Act, Texas Agriculture Code, Chapters 301 and 302.(2) Commission--The Texas Commission of Licensing and Regulation.(3) Department--The Texas Department of Licensing and Regulation.(4) Filed--a document is deemed to have been filed with the department on the date that the document has been received by the department or, if the document has been mailed to the department, the postmark date of the document.(5) Operational area--That area, described by metes and bounds or other specific bounded description, within which it is reasonably necessary to effectuate the purposes of a permitted operation. A part of the operational area may be outside the target area and thus not intended to be affected by the operation.(6) Target area--The area described by metes and bounds, or other specific bounded description, which is intended to be affected by the operation.(7) Weather modification and control--Changing or controlling, or attempting to change or control, by artificial methods the natural development of atmospheric cloud forms or precipitation forms that occur in the troposphere.(8) Weather modification and control program--Research, development, licensing, and permitting and other associated activities to be administered by the Texas Department of Licensing and Regulation.", "sourceNote": "Source Note: The provisions of this §79.10 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113584", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.11", "label": "License and Permit Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113585", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless specifically exempted by §79.12, no person may engage in weather modification and control activities without first obtaining a license and permit from the Department if any part of a Texas county is included in the operational or target area of the project.(b) A separate permit is required for each weather modification project. If an operation is to be conducted under contract, a permit is required for each separate contract.", "sourceNote": "Source Note: The provisions of this §79.11 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113585", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.12", "label": "License and Permit Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113586", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receiving written approval of exemption status from the Department in accordance with this section, persons may engage in the following types of weather modification and control activities without obtaining a license or permit.(1) Laboratory research and experiments.(2) Activities of an emergency nature for protection against fire, frost, sleet, or fog.(3) Research, development, and application of weather modification technologies conducted by state and federal agencies, institutions of higher learning, and bona fide nonprofit research organizations.(4) Activities normally conducted for purposes other than inducing, increasing, decreasing, or preventing precipitation or hail.(b) Persons planning to conduct projects meeting the exemption requirements in subsection (a)(1), (3), or (4) must request exemption status from the Department in writing at least 90 days prior to the proposed start of each weather modification project. The request must include the documentation required in §79.18(3) and the name and mailing address of the requestor.(c) The Department will either grant or deny exemption status in writing within 30 days after the request is received.(d) Persons engaging in weather modification and control activities exempted from licensing and permitting under subsection (a)(1), (3), or (4) must comply with the requirements of §§79.31 - 79.33.", "sourceNote": "Source Note: The provisions of this §79.12 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113586", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.13", "label": "Application for License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113587", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for a license shall be filed with the Department on a form provided or approved by the Department. The application shall include the required license fee and evidence of one of the following:(1) the applicant possesses a baccalaureate or higher degree in meteorology and at least five months of relevant field experience acceptable to the Department in weather modification;(2) the applicant possesses a baccalaureate or higher degree in physical science or engineering and at least ten months of relevant field experience acceptable to the Department in weather modification; or(3) the applicant possesses other training and relevant experience that the Department accepts as indicative of sufficient competence in the field of meteorology to engage in weather modification activities.(b) If the applicant is an organization, evidence of the possession of the educational and experience qualifications required in subsection (a) by the individual or individuals who will be in control and in charge of the applicant's operations must be included with the application.(c) The Department may refer the application to the Weather Modification Advisory Committee for advice as to the applicant's qualifications for a license and the Weather Modification Advisory Committee may make recommendations to the Department on the issue of whether the applicant meets the requirements of this section for a license.", "sourceNote": "Source Note: The provisions of this §79.13 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113587", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.14", "label": "Issuance of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113588", "queryAsDate": "03/11/2026" }, "ruleBody": "In the event the Department seeks advice on a license application from the Weather Modification Advisory Committee, a provisional license may be issued until such time the Committee meets and makes a recommendation to the Department. A provisional license entitles the applicant to be in control, and in charge, of day-to-day weather modification operations until such time a Committee recommendation, and subsequent Department action on the license application, are forthcoming.", "sourceNote": "Source Note: The provisions of this §79.14 adopted to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113588", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.15", "label": "Renewal of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Department shall issue a renewal license to each applicant who submits a timely license renewal application, pays the annual license fee, and maintains the qualifications necessary for issuance of an original license.(b) The Department may refuse to renew the license of any applicant who:(1) has failed to comply with any provision of the license, the Act, this chapter, or any Texas weather modification permit issued to the licensee by the Department; or(2) has violated provisions of weather modification permits or licenses in another state, resulting in suspension or revocation of the applicant's license in that other state.(c) If the licensee has made application prior to the expiration date of the license, the terms of the existing license shall remain in effect until such time as the Department rules on the license renewal application.", "sourceNote": "Source Note: The provisions of this §79.15 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective September 1, 2003, 28 TexReg 7367; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113589", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.17", "label": "Notice of Intention to Obtain Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113590", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person seeking to obtain a Texas weather modification permit shall file with the Department a notice of intention to engage in a weather modification operation.(b) The applicant shall include the following information in the notice of intention and must submit the notice of intention in the format prescribed by the Department.(1) A statement that an application for a Texas weather modification permit has been filed with the Department, giving the name and address of the applicant.(2) The date on which the Department issued the applicant a Texas weather modification license and all dates of renewal, or the date on which the applicant filed an application for a weather modification license with the Department.(3) The nature and objectives of the proposed operation and the number of years for which a permit is requested.(4) If applicable, the person or organization, including mailing address and occupation, on whose behalf the operation is to be conducted.(5) The operational area in which the proposed operation will be conducted, described in sufficient detail to plot the location on a map.(6) The target area, which is intended to be affected by the proposed operation, described, in sufficient detail to plot the location on a map.(7) The materials and methods to be used in conducting the proposed operation.(8) The approximate dates and times during which the proposed operation will be conducted.(9) A statement that persons interested in the permit application should contact the Department for more information.(10) A statement summarizing the conditions under which the public may request a public meeting on the application, as set forth in §79.20.(11) If the application includes hail suppression as an objective, a statement summarizing how the public can petition for an election.(c) The applicant must submit with the notice of intention the type of supporting data prescribed in §79.18(3).(d) The applicant may not publish the notice of intention until the Department has reviewed and approved the notice of intention in writing.(e) The Department may disapprove a notice of intention if the applicant fails to provide any of the information required by subsections (b) and (c) or if the Department determines that the notice of intention does not adequately describe the operation. The Department may seek the advice of the Weather Modification Advisory Committee in making this determination.(f) If the notice of intention is disapproved by the Department, the applicant may appeal to the Executive Director within 10 working days after the applicant receives the Department's written disapproval. The Executive Director shall review the Department's decision and enter an order approving or disapproving the notice of intention.(g) The applicant must publish the notice of intention as approved at the applicant's expense at least once a week for three consecutive weeks in a newspaper of general circulation in each county in which the operation is to be conducted.(h) The applicant must file proof of publication and publishers' affidavits with the Department within 15 days after the date of the last publication.", "sourceNote": "Source Note: The provisions of this §79.17 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113590", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.18", "label": "Permit Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113591", "queryAsDate": "03/11/2026" }, "ruleBody": "An application for a Texas weather modification permit must be filed with the Department and must include the following.(1) The required permit fee.(2) Proof that the applicant holds a valid Texas weather modification license or has a pending application for one.(3) Supporting data for the application in a form prescribed by the Department, including:(A) a plan of operation that details the type of weather modification activity proposed,(B) equipment and personnel involved in the operation,(C) a description of climate and hazardous weather in the operational area, including explicit statements, where applicable, that the permittee will, or will not, and under what conditions, conduct operations in areas for which the National Weather Service has issued hazardous-weather watches and warnings,(D) a description of the weather modification methodology that will be used, accompanied by documentation (including citations in referenced meteorological journals) which attests to the technology's scientific credibility, and(E) a description of the technique that will be used to evaluate the overall effect of the proposed operation.(4) All contracts, letters of intent, or proposals that pertain to conducting the proposed operation for a client;(5) An illustration of the operational and target areas that is plotted on a map;(6) Sufficient information to satisfy the Department that the applicant is able to pay damages for liability which might reasonably arise as a result of the proposed operation, such as a copy of a comprehensive liability insurance policy or a certificate from an insurer guaranteeing coverage for the proposed operation during the proposed term.(7) A notice of intention.", "sourceNote": "Source Note: The provisions of this §79.18 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113591", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.20", "label": "Requests for Public Meeting on Permit Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113592", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If at least 25 eligible persons make a timely written request, the Department shall hold a public meeting on an application prior to the issuance of a permit.(b) Those eligible to request a public meeting on an application include all persons who reside or own property within the boundaries of the weather modification operational area, as defined in the application.(c) A request for a public meeting must include:(1) the signature, full name, mailing address, phone number, and physical address and county of the residence or property located in the proposed operational area of each person requesting a public meeting; and(2) a statement that each person requesting a public meeting resides or owns property within the proposed operational area.(d) To be considered timely, a person's request for a public meeting must be mailed to the Department and post-marked within 30 days after the date of the first publication of the notice of intention in the newspaper, which publishes the latest notice of intention in accordance with §79.17(g). The Department, for good cause, may extend the time allowed for filing a request for a public meeting.(e) Upon determining that proper requests for a public meeting from at least 25 persons have been filed, the Department will schedule a public meeting within the area where the operation is to be conducted.(f) Notice stating the time, place, subject, and legal authority of the public meeting shall be provided at least 20 days prior to the public meeting, as follows.(1) The Department shall give notice by first-class mail to the applicant and to each person who has filed a proper request for a public meeting.(2) The applicant must publish notice of the public meeting (at the applicant's cost) at least once in a newspaper of general circulation in each county that includes any part of the operational or target areas.", "sourceNote": "Source Note: The provisions of this §79.20 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113592", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.21", "label": "Issuance of Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113593", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Department may issue a Texas weather modification permit upon determination of the following:(1) that the operation proposed in the application will not significantly dissipate the clouds and prevent their natural course of developing rain in the area where the operation is to be conducted to the material detriment of persons or property in that area;(2) that the applicant:(A) holds a valid Texas weather modification license, or has a pending application for one;(B) has filed an administratively complete application in accordance with §79.18; and(C) has published a notice of intention as approved by the Department and filed proof of publication as required by §79.17.(b) The Department shall not issue a permit before the end of the 30-day period immediately following the first publication of the notice of intention. If the notice of intention is required to be published in more than one county and the newspapers publish the notice beginning on different days, the 30-day period begins on the date of the first publication of the notice in the newspaper that is the last to publish the notice of intention.(c) When an election regarding a permit application including hail suppression has been held in accordance with Texas Agriculture Code Chapter 301, Subchapter D, the Department shall issue Texas weather modification permits in accordance with this section and §79.62.", "sourceNote": "Source Note: The provisions of this §79.21 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113593", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.22", "label": "Description of Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91434", "queryAsDate": "03/11/2026" }, "ruleBody": "A Texas weather modification permit shall include the following:(1) the effective period of the permit, which may be all or part of a year or years, but not more than four years, and(A) if the permit is for more than one year, the permit shall contain a statement that it shall remain valid for so long as the permittee continues to operate in successive years during all or some of the months authorized;(B) if a weather modifier is authorized to conduct an operation on behalf of a sponsoring entity, the term of the permit shall be limited to the duration of the contract in effect between the weather modifier and the sponsor at the date that the Department issues the permit; and(C) if a weather modifier and client include in their initial contract that their agreement should be renegotiated during the term of a multi-year permit, the permit shall contain a statement that the weather modifier must submit a copy of any modified contract to the Department for review and approval before the start of operations under that modified contract;(2) a description of the boundaries of the operational and target areas and a map that depicts those areas;(3) the weather modification method(s) that may be employed;(4) a requirement that the permittee maintain insurance coverage or other financial assurance of the types and amounts satisfactory to the Department for the term of the permit;(5) a requirement that the permittee maintain a valid license and that the operation be directed only by those individuals named on the license or as amended under §79.51 and §79.52;(6) a statement that the operation must be conducted during each year of a multi-year permit, as set forth in the plan of operations, and that the plan is incorporated in the permit;(7) a requirement that the permittee notify the Department of any changes to the list required by §79.18(8);(8) a statement that the Department shall have immediate access to any information the permittee maintains that is pertinent to day-to-day weather modification operations; and(9) other terms, requirements, and conditions that the Department deems advisable.", "sourceNote": "Source Note: The provisions of this §79.22 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91434", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.31", "label": "Recordkeeping Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113594", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person conducting a weather modification operation with an operational or target area that includes any part of a Texas county must record and maintain, for each operation, the following:(1) the daily log (NOAA Form 17-4B) required by 15 Code of Federal Regulations, §908.8(a); and(2) the supplemental information required by 15 Code of Federal Regulations, §908.8(b), (c), and (d).", "sourceNote": "Source Note: The provisions of this §79.31 adopted to be effective December 30, 2001, 26 TexReg 10525." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113594", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.32", "label": "Additional Recordkeeping Requirements for Operations Employing Aircraft" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194061", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the record keeping requirements of §79.31, any person conducting a weather modification operation with an operational or target area that includes any part of a Texas county and that employs aircraft for reconnaissance or seeding purposes must record and maintain, for each operation, the following:(1) date;(2) time period (in minutes of local time);(3) rates of dispersion of the seeding agent for each flight;(4) total amount of seeding agent dispensed;(5) description of each flight track logged in such a manner as to allow a complete and accurate reconstruction of the run and identified at the beginning and ending of each flight by one of the following methods:(A) radial and distance from a standard reference point,(B) ground fixes in statute miles from a nearby town or landmark, or(C) geostationary positioning system (GPS) location.", "sourceNote": "Source Note: The provisions of this §79.32 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194061", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.33", "label": "Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91440", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person conducting a weather modification operation with an aircraft operating within an operational or target area that includes any part of a Texas county must report in writing to the department, or on a publicly-accessible website, the following information according to the schedule given:(1) any changes or additions to the list filed with the permit application in accordance with §79.18(3)(B) must be filed by the fifteenth day of the following month;(2) for each month in which operations are conducted, one copy of the record of operations for that month required by §79.31 and, if applicable, one copy of the record of operations for that month required by §79.32 must be filed by the fifteenth day of the following month;(3) one copy of all other reports required by 15 Code of Federal Regulations, §§908.5 - 908.7, must be filed no later than the deadlines set by the federal regulation.(b) Any person conducting a weather modification operation using only ground-based equipment must report on a quarterly basis in writing to the department, or on a publicly-accessible website, the following information:(1) date and time period of each operation;(2) total amount of material used; and(3) observations or data pertaining to the type of weather during and after the operation.", "sourceNote": "Source Note: The provisions of this §79.33 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641; amended to be effective February 15, 2019, 44 TexReg 585." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91440", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.41", "label": "Amendment, Revocation, or Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113596", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Department may initiate proceedings before the Executive Director to:(1) amend a permit if it appears necessary to protect the health or property of any person; or(2) suspend or revoke a permit or license if the Department has good cause to believe that the permit or license should be suspended or revoked.(b) Suspension of a license shall suspend automatically for a like period of time any permit issued under that license, unless the permit is issued to more than one licensee, and at least one of those licensees remains in good standing.(c) Revocation of a license shall revoke automatically any permit issued under that license, unless the permit is issued to more than one licensee, and at least one of those licensees remains in good standing.", "sourceNote": "Source Note: The provisions of this §79.41 adopted to be effective December 30, 2001, 26 TexReg 10525." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113596", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.42", "label": "Good Cause" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91418", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Good cause to believe that a license should be revoked or suspended shall include, but not be limited to, the following:(1) the licensee has violated any of the provisions of the Act, rules, or license;(2) the licensee has filed false and/or misleading information on his or her application;(3) the individual or individuals named in the license no longer possess the qualifications necessary for the issuance of an original license;(4) the operational personnel or other information which were the basis for the issuance of the license have changed materially; or(5) the licensee is deemed incompetent to hold a license by virtue of previous violations of weather modification permits or licenses in other states, resulting in suspension or revocation of the licensee's license in that other state.(b) Good cause to believe that a permit should be revoked or suspended shall include, but not be limited to, the following:(1) the permittee has violated any of the provisions of the Act, rules, or the permit;(2) the permittee has filed false or misleading information in either its application for a permit or the records required to be filed by §79.31 and §79.32;(3) the permittee's license has expired during the term of the permit and the licensee has not made a timely request for renewal; or(4) the Department has reason to believe that the permitted operation is significantly dissipating the clouds and preventing the natural course of developing rain in the area where the operation is conducted to the material detriment of persons or property in that area.", "sourceNote": "Source Note: The provisions of this §79.42 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91418", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.43", "label": "Notice and Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91419", "queryAsDate": "03/11/2026" }, "ruleBody": "The Department may initiate proceedings to amend, suspend, revoke, or otherwise sanction a permit or a license and/or recommend administrative penalties in accordance with the Act or the Texas Occupations Code, Chapter 51 and 16 TAC, Chapter 60 (relating to the Texas Commission of Licensing and Regulation).", "sourceNote": "Source Note: The provisions of this §79.43 adopted to be effective December 30, 2001, 26 TexReg 10525." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91419", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.44", "label": "Emergency Order To Cease Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113575", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the executive director determines that probable imminent injury or hazard to any person, property, or to the public, will occur as the result of a weather modification operation, the executive director shall immediately initiate proceedings to order a licensee or the person in control and in charge of the operation to cease some or all operations without suspending the permit.(b) Notice of the order to discontinue operation may be given verbally by the executive director to the licensee or to the person in control and in charge of the operation, to be confirmed in writing thereafter at the earliest possible date.(c) Operations may resume after the licensee or person in control and in charge of the operation has been notified by the executive director that the probability of injury or hazard has ceased.", "sourceNote": "Source Note: The provisions of this §79.44 adopted to be effective December 30, 2001, 26 TexReg 10525." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113575", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.51", "label": "Application for License Amendment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113581", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee seeking to amend any provision of a Texas weather modification license must:(1) file a license amendment request with the Department, in accordance with the requirements of §79.13, and pay the required amendment fee;(2) if the amendment being requested involves adding a person or persons to the license, provide sufficient documentation on the education and training, qualifications, and work experience of the individual or individuals who is (are) to be in control, and in charge, of weather modification operations for the licensee.", "sourceNote": "Source Note: The provisions of this §79.51 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113581", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.52", "label": "Issuance of License Amendment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113576", "queryAsDate": "03/11/2026" }, "ruleBody": "The Department shall issue a Texas weather modification license amendment in the same manner as issuance of an original license in accordance with §79.14.", "sourceNote": "Source Note: The provisions of this §79.52 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113576", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.53", "label": "Application for Permit Amendment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113577", "queryAsDate": "03/11/2026" }, "ruleBody": "A permittee seeking to amend any provision of a Texas weather modification permit must:(1) file a permit amendment application with the Department in accordance with the requirements of §79.18 and pay the required amendment fee(2) unless the Department deems the amendments minor in accordance with §79.55, file and publish a notice of intention with the Department in accordance with the requirements of §79.17; however, the headings of the notice of intention should be altered to reflect the fact that the permittee seeks an amendment rather than an original permit;(3) if the amendment sought by the permittee alters only the delineation of either the operational or target areas to the extent that territory is added to either or both areas, publish the notice of intention only in the counties that include any part of the territory being added to the operational or target areas.", "sourceNote": "Source Note: The provisions of this §79.53 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113577", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.54", "label": "Issuance of Permit Amendment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91433", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Department shall issue a Texas weather modification permit amendment in the same manner as for issuance of an original permit in accordance with §79.21.(b) The Department will evaluate requests for a public meeting on permit amendment applications in the same manner as for original permit applications in accordance with §79.20.", "sourceNote": "Source Note: The provisions of this §79.54 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91433", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.55", "label": "Exception for Minor Permit Amendments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113578", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No notice of intention need be filed or published and no public meeting will be scheduled with respect to applications for amendments that the Department deems minor.(b) An amendment shall be deemed minor if:(1) in the judgment of the Department, it has no potential for harming the health or property of any person; and(2) it does not negate or render inaccurate any information contained in the notice of intention that was published with respect to the original application for the permit that is sought to be amended.", "sourceNote": "Source Note: The provisions of this §79.55 adopted to be effective December 30, 2001, 26 TexReg 10525." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113578", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.61", "label": "Hail Suppression as Objective of Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113579", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the notice published pursuant to Agriculture Code Chapter 301, Subchapter D does not include notice that hail suppression is an objective of the operation, any qualified voter in the proposed target or operational area may request that the Department determine whether the objective of the operation includes hail suppression.(b) The Commission shall consider the request in a public meeting and determine the nature of the proposed operation. The Commission shall issue an order that determines the nature of the operation. If the Commission determines that the proposed operation includes hail suppression as an objective, the order shall specify the terms under which the applicant may republish the notice of intention.(c) If the Commission determines that the objectives of the proposed operation include hail suppression, the Commission shall not issue a permit unless the applicant meets the requirements of the order issued by the Commission.", "sourceNote": "Source Note: The provisions of this §79.61 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113579", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.62", "label": "Issuance of Permit When Election Held" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154787", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If qualified voters in counties or parts of counties included in the target area or operational area petition for and cause an election or elections to be held in accordance with Agriculture Code Chapter 301, Subchapter D, the Department must evaluate the results of the election or elections, as certified and filed by the respective county commissioners court in accordance with Agriculture Code Chapter 301, Subchapter D before issuing the permit.(b) If, as a result of the election or elections, certain areas are excluded from the coverage of the permit as applied for, the Department must determine if the proposed operation is still feasible for those areas in which no election was requested and in those areas in which the voters gave their approval. The Department may conduct a public meeting for the sole purpose of determining the feasibility of the proposed operation.(c) The Department shall not issue the permit if a majority of the qualified voters voting in the election precincts, which are wholly or partially within the target area, vote in opposition to the issuance of the permit.(d) The Department may issue the permit if a majority of the qualified voters voting in the election precincts that are wholly or partially within the target area vote in favor of the issuance of the permit. However, the permit must exclude any precinct in which the majority of qualified voters voted in opposition to the issuance of the permit if that precinct is wholly within the target area and contiguous with its outer boundary or is wholly or partially within the operational area.(e) No permit can be issued covering any county or part of a county previously excluded from the coverage of a permit by virtue of an election for at least two years from the date of the election, and then, only if a subsequent election is held at which the majority of voters vote to approve the permit.", "sourceNote": "Source Note: The provisions of this §79.62 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154787", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "79", "label": "WEATHER MODIFICATION" }, "rule": { "number": "§79.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211569", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Original and Renewal License and Permit fees:(1) Weather Modification License--$750.(2) Weather Modification Permit--$100.(b) License and Permit Amendment fees:(1) Weather Modification License Amendment--$650.(2) Weather Modification Permit Amendment--$75.(c) Late renewal fees for licenses issued under this chapter are provided for under §60.83 of this title (relating to Late Renewal Fees).(d) The fee for issuance of a duplicate license or permit is $25.(e) All fees are non-refundable.", "sourceNote": "Source Note: The provisions of this §79.80 adopted to be effective July 13, 2004, 29 TexReg 6641; amended to be effective February 1, 2012, 37 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211569", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225875", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of the Texas Occupations Code, Chapters 51 and 1603, and House Bill 1560, Article 3, 87th Legislature, Regular Session (2021).", "sourceNote": "Source Note: The provisions of this §83.1 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225875", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225876", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Occupations Code Chapter 1603.(2) Barbering--The services described by §1603.0011(a) and (b) of the Act.(3) Board--The Barbering and Cosmetology Advisory Board.(4) Class A Barber--A person who holds a class A barber license and who is authorized to perform any barbering service under Texas Occupations Code §1603.0011(a) and (b).(5) Commission--The Texas Commission of Licensing and Regulation.(6) Common Area--An area within an establishment or school which contains equipment and facilities available for use by all persons who practice barbering or cosmetology on the premises under a license or permit issued under this chapter or Texas Occupations Code, Chapter 1603.(7) Cosmetology--The services described by §1603.0011(a) and (c) of the Act.(8) Department--The Texas Department of Licensing and Regulation.(9) Digital Network--Any online-enabled application, Internet website, or system offered or used by a remote service business that allows a client to arrange for a digitally prearranged remote service.(10) Digitally Prearranged Remote Service--A barbering or cosmetology service performed for compensation by a person holding a license under this chapter that is:(A) prearranged through a digital network; and(B) performed at a location other than an establishment.(11) Distance Education--A formal instructional process in which the student and teacher are separated by physical distance and a variety of communication technologies are used to deliver instruction in theory to the student. Courses taught by distance education do not satisfy the requirements of the practical portion of the course curriculum standards.(12) Establishment--A place licensed under Subchapter E-2 of the Act where barbering or cosmetology is practiced. This term includes mini-establishments and mobile establishments, but does not include public or private schools.(13) Esthetician--A person who holds an esthetician specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(3)-(6), and (c). The term esthetician in this chapter includes the term facialist.(14) Executive Director--The executive director of the Texas Department of Licensing and Regulation.(15) Eyelash Extension Application--The process of applying or removing a semi-permanent, thread-like, natural or synthetic single fiber to an eyelash, including cleansing of the eye area and lashes prior to applying and after removing extensions. The term does not include a temporary strip or cluster of eyelashes attached to the lash line with an adhesive.(16) Eyelash Extension Specialist--A person who holds an eyelash extension specialty license and who is authorized to practice the service defined in Texas Occupations Code §1603.0011(c).(17) Full-service Establishment--An establishment authorized to perform all services defined as barbering or all services defined as cosmetology under the Act.(18) Guest Presenter--A person who possesses subject matter knowledge in specific curriculum topics and who has the teaching ability necessary to impart the information to students. Instruction is limited to the presenter's area of expertise and an instructor must be present during the classroom session in order for students to earn hours.(19) Hair weaving specialist--A person who holds a hair weaving specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(9).(20) Hair weaving specialist/esthetician--A person who holds a hair weaving specialist/esthetician specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(3)-(6), (9), and (c). A hair weaving specialist/esthetician may also be known as an \"esthetician/hair weaving specialist.\"(21) Instructor--An individual who holds a license issued by the department under Subchapter E-1 of the Act to perform the acts of barbering or cosmetology for which the person will provide instruction at a school licensed under this chapter.(22) Law and Rules Book--A publication prepared and issued in a format prescribed by the department containing Texas Occupations Code Chapter 1603, and 16 Texas Administrative Code Chapter 83.(23) License--A permit, certificate, approval, registration, or other similar permission issued by the department under Texas Occupations Code, Chapter 1603. The term does not include a student permit.(24) License by substantial equivalence--A process that permits a barbering or cosmetology license holder from another jurisdiction or foreign country to obtain a Texas barbering or cosmetology license without repeating barbering or cosmetology education or examination license requirements.(25) Manicurist--A person who holds a manicurist specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(7)-(8).(26) Manicurist/Esthetician--A person who holds a manicurist/esthetician specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(3)-(8), and (c). A manicurist/esthetician may also be known as an \"esthetician/manicurist.\"(27) Mini-Establishment--A barbering or cosmetology establishment in which a person practices barbering or cosmetology under a license issued under this chapter and which consists of a room or suite of rooms that is one of a number of connected establishments in a single premises that open onto a common hallway or common area.(28) Mini-Establishment Licensee--A person or entity that holds a license for a mini-establishment. The mini-establishment licensee must be responsible for all requirements under the Act and this chapter for the mini-establishment.(29) Mobile Establishment--An establishment or specialty establishment that is operated in a self-contained, self-supporting, enclosed mobile unit.(30) Operator--A person who holds a cosmetology operator license and who is authorized to perform any cosmetology service under Texas Occupations Code §1603.0011(a) and (c).(31) Practitioner--A person holding any individual practitioner license issued under Subchapter E-1 of the Act to perform barbering or cosmetology services.(32) Preparation--A substance used to beautify a person's face, neck or arms or to temporarily remove superfluous hair from a person's body including but not limited to antiseptics, tonics, lotions, powders, oils, clays, creams, sugars, waxes and/or chemicals.(33) Private School--A private postsecondary school licensed under Subchapter E-3 of the Act that offers instruction in any barbering or cosmetology service.(34) Provisional license--A license that allows a person to practice barbering or cosmetology in Texas pending the department's approval or denial of that person's application for licensure by substantial equivalence.(35) Public School--A public secondary or postsecondary school licensed under Subchapter E-3 of the Act that offers instruction in any barbering or cosmetology service.(36) Remote Service Business--A corporation, partnership, sole proprietorship, or other entity that, for compensation, enables a client to schedule a digitally prearranged remote service with a person holding a license under Subchapter E-1 of the Act.(37) Safety Razor--A razor that is fitted with a guard positioned between the entire cutting edge of the razor and the skin in a manner that reduces the risk of cutting the skin.(38) School--A public school or private school licensed under Subchapter E-3 of the Act that offers instruction in any barbering or cosmetology service.(39) Self-Contained--Containing within itself all that is necessary to be able to operate without connecting to outside utilities such as water and electricity.(40) Special Event--An event of cultural, social, or religious significance justifying off-site provision of barbering or cosmetology services, including weddings, quinceaneras, pageants, proms, debutante balls, birthday parties, religious and cultural ceremonies, and on-stage performances.(41) Specialty Establishment--An establishment in which only services defined in Texas Occupations Code §1603.0011(a)(3)-(9) and (c) are performed. Specialty establishments may only perform the services for which the establishment is licensed.(42) Specialty Instructor--An individual acting as an instructor who holds a practitioner license that is not class A barber or cosmetology operator.(43) Student Permit--A permit issued by the department under this chapter to a student enrolled in a school which states the student's name and the name of the school.(44) Tweezing Technique--Any type of temporary hair removal procedure involving the extraction of hair from the hair follicle by use of, but not limited to, an instrument, appliance or implement made of metal, plastic, or other material.(45) Weaving--The process of attaching, by any method, commercial hair (hair pieces, hair extensions) to a client's hair and/or scalp. Weaving is also known as hair integration or hair intensification.(46) Wet disinfectant soaking container--A container with a cover to prevent contamination of the disinfectant solution and of a sufficient size such that the objects to be disinfected may be completely immersed in the disinfectant solution.", "sourceNote": "Source Note: The provisions of this §83.10 adopted\r\nto be effective December 8, 2005, 30 TexReg 8082; amended to be effective\r\nMarch 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006,\r\n31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg\r\n7050; amended to be effective January 1, 2008, 32 TexReg 9970; amended\r\nto be effective February 17, 2012, 37 TexReg 681; amended to be effective\r\nJanuary 1, 2014, 38 TexReg 9520; amended to be effective July 1, 2014,\r\n39 TexReg 4650; amended to be effective January 1, 2016, 40 TexReg\r\n8759; amended to be effective January 15, 2018, 43 TexReg 81; amended\r\nto be effective March 15, 2020, 45 TexReg 1693; amended to be effective\r\nJanuary 1,2023, 47 TexReg 8640; amended to be effective August 15,\r\n2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.15", "label": "Application of Chapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225877", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section clarifies certain provisions of §1603.0013 of the Act.(b) For purposes of §1603.0013(4), (5), and (6), the term \"cosmetic service\" includes any barbering or cosmetology service.(c) For purposes of §1603.0013(4) and (5), the term \"licensed nursing or convalescent custodial or personal care home\" means the holder of a license issued under Texas Health and Safety Code, Chapter 242.(d) For purposes of §1603.0013(5), the term \"operator license\" includes any practitioner license.", "sourceNote": "Source Note: The provisions of this §83.15 adopted to be\r\neffective August 15, 2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225877", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.20", "label": "License Requirements--Individuals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211575", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a practitioner license, an applicant must:(1) submit a completed application in the manner prescribed by the department;(2) pay the applicable fee required under §83.80;(3) be at least 17 years of age;(4) have completed the hours of instruction required under §83.202 at a licensed school;(5) pass a written and practical examination required under §83.21;(6) undergo and successfully pass a criminal history background check; and(7) meet other applicable requirements of the Act and this chapter.(b) A person who holds both an active esthetician license and an active manicurist license is eligible for a manicurist/esthetician specialty license by submitting a completed application in the manner prescribed by the department and paying the required fee under §83.80. (c) A person who holds both an active hair weaving specialist license and an active esthetician license is eligible for a hair weaving specialist/esthetician license by submitting a completed application in the manner prescribed by the department and paying the required fee under §83.80.(d) To be eligible for a student permit, an applicant must:(1) submit a completed application in the manner prescribed by the department; and(2) pay the fee required under §83.80.", "sourceNote": "Source Note: The provisions of this §83.20 adopted\r\nto be effective August 15, 2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211575", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.21", "label": "License Requirements--Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225878", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a department examination, an examinee must:(1) submit a completed license application in the manner prescribed by the department;(2) pay the applicable license fee under §83.80; and(3) have completed the number of hours required under this chapter and the Act.(b) A student enrolled in a 1,000-hour program is eligible to take the written examination when the department receives proof of the student's completion of 900 hours.(c) Applicants must pass the written examination before being eligible to take the practical examination.(d) When appearing for an examination, the examinee must bring the instruments necessary to give a practical demonstration of the barbering or cosmetology services distinctive to the license for which the examinee is applying.(e) All barbering and cosmetology examinations consist of a written and practical part. A passing grade on each part is needed to satisfy the examination requirement.(f) To be admitted to an examination, the examinee must present a current, valid government-issued photo identification, which includes the applicant's full name and date of birth.(g) Examinees are required to wear closed toe shoes for the practical examination.(h) Models used in an examination must be at least 16 years of age. The department may require proof of parental approval for models under 18 years of age.", "sourceNote": "Source Note: The provisions of this §83.21 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective March 15, 2020, 45 TexReg 1693; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225878", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.22", "label": "License Requirements--Establishments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225879", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for an establishment license, an applicant must:(1) obtain the current law and rules book;(2) comply with the requirements of the Act and this chapter;(3) submit a completed and verified application in the manner prescribed by the department;(4) pay the fee required under §83.80;(5) own or rent the establishment; and(6) have not committed an act that constitutes a ground for denial of a license.(b) In addition to the requirements of subsection (a), the establishment must:(1) meet this chapter's minimum health and safety standards for an establishment; and(2) comply with all requirements of this chapter.(c) In addition to the requirements of subsection (a) and (b), a mobile establishment license applicant must:(1) provide a permanent physical address from which the mobile establishment unit is dispatched and to which the mobile establishment unit is returned when not in use;(2) provide a permanent mailing address where correspondence from the department may be received; and(3) verify that the mobile establishment complies with the requirements of the Act and this chapter.(d) A single establishment license may be issued for multiple units or suites operated as a single establishment within the same building or premises.", "sourceNote": "Source Note: The provisions of this §83.22 adopted to be\r\neffective December 8, 2005, 30 TexReg 8082; amended to be effective\r\nMarch 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006,\r\n31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg\r\n7050; amended to be effective January 1, 2008, 32 TexReg 9970; amended\r\nto be effective December 15, 2010, 35 TexReg 10956; amended to be\r\neffective July 1, 2014, 39 TexReg 4650; amended to be effective January\r\n1, 2016, 40 TexReg 8759; amended to be effective January 15, 2018,\r\n43 TexReg 81; amended to be effective March 15, 2020, 45 TexReg 1693;\r\namended to be effective January 1, 2023, 47 TxReg 8640; amended to\r\nbe effective August 15, 2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225879", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.23", "label": "License Requirements--Schools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211577", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a school license, an applicant must:(1) obtain the current law and rules book;(2) comply with the requirements of the Act and this chapter;(3) submit a completed application in the manner prescribed by the department;(4) pay any applicable fees required under §83.40 and §83.80;(5) meet the health and safety standards of this chapter; and(6) for a private school, provide a current financial statement prepared by a certified public accountant in the format prescribed by the department. If the financial statement is more than 180 days old, an applicant must also provide a supplemental financial statement within 180 days of the application. The applicant must demonstrate that it has the financial resources to ensure continuity of operation of the school, provide a quality educational program, and fulfill its obligations to students for at least 12 months, without relying on student tuition.(b) A school must be inspected and approved by the department prior to the operation of the school.(c) Private schools must have and maintain:(1) a building of permanent construction that must include two separate areas, one area for instruction in theory and one area for clinic work, and that must also include access to permanent restrooms and adequate drinking water;(2) adequate space, equipment, and instructional materials to provide quality classroom training to the number of students enrolled; (3) proof of ownership of building or proof of a lease for the first 12 months of operation; and(4) a copy of the certificate of approval for the curriculum standards approved by the department for each course offered.(d) Public schools must have and maintain:(1) adequate space to provide quality classroom training for the number of students enrolled including classroom and laboratory space;(2) adequate equipment and instructional materials required by the department; and(3) a copy of the certificate of approval for the curriculum standards approved by the department for each course offered.(e) A school must comply with all health and safety standards established by this chapter.(f) A single school license may be issued for multiple units or suites operated as a single school within the same building or premises.", "sourceNote": "Source Note: The provisions of this §83.23 adopted to be\r\neffective December 8, 2005, 30 TexReg 8082; amended to be effective\r\nMarch 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006,\r\n31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg\r\n7050; amended to be effective February 17, 2012, 37 TexReg 681; amended\r\nto be effective January 15, 2018, 43 TexReg 81; amended to be effective\r\nMarch 15, 2020, 45 TexReg 1693; amended to be effective January 1,\r\n2023, 47 TxReg 8640; amended to be effective August 15, 2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211577", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.24", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225880", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To change a license to inactive status, an applicant must:(1) submit a completed application in the manner prescribed by the department not later than the expiration date of the license; and(2) pay fee required under §83.80.(b) A person whose license is on inactive status may not practice any act of barbering or cosmetology authorized by that license.(c) A license on inactive status must be renewed in accordance with §83.26; however, continuing education is not required for renewal of a license on inactive status.(d) To change from an inactive license to an active license, an applicant must:(1) submit a completed application in the manner prescribed by the department;(2) pay the fee required under §83.80; and(3) complete the continuing education that is required for the renewal of an active license during the preceding license period. Continuing education hours used to satisfy the requirement for changing from an inactive license status to an active license status may not also be used for a future renewal of an active license.", "sourceNote": "Source Note: The provisions of this §83.24 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TxReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225880", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.25", "label": "License Requirements--Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211580", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms used in this section have the meanings assigned by Chapter 59 (relating to Continuing Education Requirements), unless the context indicates otherwise.(b) To renew a practitioner license, a licensee must complete at least 4 hours of continuing education through department-approved courses. The continuing education hours must include the following:(1) 1 hour in sanitation required under the Act and this chapter;(2) for renewals on or after September 1, 2025, 1 hour on human trafficking prevention, which at a minimum must include information on:(A) activities commonly associated with human trafficking; (B) recognition of potential victims of human trafficking; and(C) methods for assisting victims of human trafficking, including how to report human trafficking; and(3) the remaining hours in any topics listed in subsection (h).(c) Continuing education hours required under §83.25(b)(3) and taught before September 1, 2025, must include information on human trafficking prevention. At a minimum, these courses must include information on:(1) activities commonly associated with human trafficking; (2) recognition of potential victims of human trafficking; and(3) methods for assisting victims of human trafficking, including how to report human trafficking.(d) For a timely or a late renewal, a licensee must complete the required continuing education hours within the two-year period immediately preceding the renewal date.(e) A licensee may not receive continuing education hours for attending the same course more than once.(f) A licensee will receive continuing education hours for only those courses that are registered with the department, under Chapter 59 and procedures prescribed by the department.(g) A licensee must retain a copy of the certificate of completion for a course for two years after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.(h) To be approved under Chapter 59, a provider's course must be dedicated to instruction in one or more of the following topics:(1) sanitation required under the Act and this chapter;(2) the Act and this chapter, addressing topics other than sanitation;(3) the topics listed in the curriculum standards in §83.202; (4) mental health awareness, which may include topics on mental health, mental illness, suicide prevention, and opportunities to provide clients referrals or other assistance;(5) human trafficking prevention which at a minimum must include information on:(A) activities commonly associated with human trafficking; (B) recognition of potential victims of human trafficking; and(C) methods for assisting victims of human trafficking, including how to report human trafficking.(i) A registered course may be offered until the expiration of the course registration or until the provider ceases to hold an active provider registration, whichever occurs first.(j) A provider must pay to the department a continuing education record fee of $5 for each licensee who completes a course for continuing education credit. A provider's failure to pay the record fee for courses completed may result in disciplinary action against the provider, up to and including revocation of the provider's registration under Chapter 59.(k) Notwithstanding subsection (b), a licensee who has held a practitioner license in Texas for at least 15 years may satisfy the continuing education requirement for renewal by completing department-approved courses as follows:(1) for renewals before September 1, 2025, one hour of sanitation; or(2) for renewals on or after September 1, 2025:(A) one hour of sanitation; and(B) one hour of human trafficking prevention.(l) Barber licensees exempt from continuing education requirements until September 1, 2025. Beginning on September 1, 2025, the requirements of this section will apply to a licensee who, on August 31, 2023, held a license issued under Texas Occupations Code Chapter 1601 and Chapter 82, when that licensee files an application with the department to renew that license.", "sourceNote": "Source Note: The provisions of this §83.25 adopted to be\r\neffective December 8, 2005, 30 TexReg 8082; amended to be effective\r\nMarch 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006,\r\n31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg\r\n7050; amended to be effective January 1, 2008, 32 TexReg 9970; amended\r\nto be effective February 17, 2012, 37 TexReg 681; amended to be effective\r\nSeptember 4, 2012, 37 TexReg 6911; amended to be effective January\r\n1, 2014, 38 TexReg 9520; amended to be effective January 1, 2016,\r\n40 TexReg 8759; amended to be effective January 15, 2018, 43 TexReg\r\n81; amended to be effective March 15, 2020, 45 TexReg 1693;amended\r\nto be effective January 1, 2023, 47 TxReg 8640; amended to be effective\r\nAugust 15, 2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211580", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.26", "label": "Licensing Requirements--Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225881", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a license, an applicant must:(1) comply with applicable requirements of the Act and this chapter;(2) submit a completed application in the manner prescribed by the department; and(3) pay the applicable fee required under §83.80.(b) In addition to the requirements of subsection (a), an applicant must complete the continuing education requirements under §83.25 to renew a practitioner license.(c) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the license. A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any act of barbering or cosmetology that requires a license under this chapter.(d) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §83.26 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective January 1, 2008, 32 TexReg 9970; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2023, 47 TxReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225881", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.28", "label": "Substantial Equivalence and Provisional Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211582", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be granted a license through substantial equivalence, an applicant must:(1) submit a completed application in the manner prescribed by the department;(2) furnish a certified transcript of hours from the state board, territory, or foreign country from which the applicant is applying;(3) provide one of the following:(A) if an applicant is from another state of the United States, provide documentation that licensure in another state was obtained by standards substantially equivalent to those of Texas; or(B) if an applicant is from a territory or foreign country, provide documents verified by the department or a certified credentialing agency confirming that licensure in the territory or foreign country was obtained by standards substantially equivalent to those of Texas;(4) furnish an active and valid license or certificate to indicate that the applicant is licensed in good standing in another jurisdiction or foreign country;(5) pay the substantial equivalence fee and applicable license application fee required under §83.80; and(6) be at least 17 years of age.(b) A person who cannot provide documentation of standards equivalent to those in Texas must pass the applicable written and practical examination for the license.(c) A person issued a license through substantial equivalence may perform those acts of barbering and cosmetology authorized by the license.(d) The department may waive any license requirement for an applicant who holds a license from another state or country that has license requirements substantially equivalent to those of Texas.(e) The department may issue a provisional license to applicants currently licensed in another jurisdiction who file an application for a Texas license by substantial equivalence.(f) To be eligible for a provisional license, an applicant must:(1) file a completed application, in the manner prescribed by the department, for a Texas barbering or cosmetology license by substantial equivalence;(2) provide information sufficient for the department to verify the applicant's licensure in good standing for at least two years in the license type for which the person seeks the license; and(3) have been licensed in a jurisdiction or foreign country in which the requirements for obtaining the same license are substantially equivalent to the requirements under the Act, including passage of a national examination or other examination recognized by the department relating to the practice of the profession.(g) A person issued a provisional license may perform those acts of barbering or cosmetology authorized by the provisional license pending the department's approval or denial of an applicant's license by substantial equivalence.(h) A provisional license is valid until the date the department approves or denies the application for licensure by substantial equivalence. The department must approve or deny a provisional license holder's application for a license by substantial equivalence not later than the 180th day after the date the provisional license is issued. The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period.(i) The department will issue a license by substantial equivalence to the provisional license holder if the person is eligible to hold a license under the Act.(j) An applicant for licensure by substantial equivalence is eligible for a provisional license only once. A person who is denied licensure by substantial equivalence and subsequently reapplies for licensure by substantial equivalence is not eligible to obtain additional provisional licenses to practice barbering or cosmetology in Texas.(k) If an applicant for a class A barber or operator license has not completed the hours required under this chapter, documented work experience, performed in the jurisdiction outside of Texas in which the person is licensed, may be substituted at the rate of 25 hours per month worked, up to a maximum of 300 hours, or the applicant must complete the balance of hours required in an approved Texas school.", "sourceNote": "Source Note: The provisions of this §83.28 adopted to be\r\neffective December 8, 2005, 30 TexReg 8082; amended to be effective\r\nMarch 1, 2006, 31 TexReg 1280; amended to be effective January 1,\r\n2014, 38 TexReg 9520; amended to be effective March 15, 2020, 45 TexReg\r\n1693; amended to be effective January 1, 2023, 47 TxReg 8640; amended\r\nto be effective August 15, 2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211582", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.29", "label": "Establishment or School Relocation, Change of Ownership, Owner Death or Incompetency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211583", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Under the Act, a license is not transferable.(b) If an establishment relocates, the licensee must apply for a new establishment license and verify that the new establishment meets the requirements of the Act and this chapter. The requirements of this subsection do not apply to mobile establishments.(c) If a school relocates, the licensee must submit a change of location application in the manner prescribed by the department and pay the applicable fee required under §83.80 of this chapter. Additionally, a relocated school must be inspected and meet the applicable requirements of the Act and this chapter prior to operation.(d) If an establishment or school changes ownership, the new owner must apply for a new license within 30 days after the change of ownership. Additionally, a school must be inspected but may continue to operate pending the department's inspection. A change of ownership includes the following:(1) For a sole proprietorship, the licensee no longer owns the establishment or school.(2) For a partnership or limited partnership, the partnership is dissolved.(3) For a corporation or limited liability company, if sold to another person or entity. A change of ownership does not include corporate officer or stockholder restructuring.(4) Legal incompetence or death of the owner.", "sourceNote": "Source Note: The provisions of this §83.29 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective January 1, 2008, 32 TexReg 9970; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TxReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211583", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.31", "label": "Licenses--License Terms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211584", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following licenses have a term of two (2) years:(1) practitioner licenses; and(2) establishment licenses.(b) School licenses have a term of one (1) year.(c) A student permit issued under this chapter does not expire.", "sourceNote": "Source Note: The provisions of this §83.31 adopted to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211584", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.40", "label": "Barbering and Cosmetology School Tuition Protection Account" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211585", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Subchapter H-1 of the Act, the Barbering and Cosmetology School Tuition Protection Account is created to:(1) refund tuition and fees to a student if a private school closes and the school fails to pay the refund as required by the Act; and(2) pay the tuition costs and expenses incurred by a private school in providing training directly related to educating a student from a closed school.(b) In each year in which the balance of the Barbering and Cosmetology School Tuition Protection Account is less than $225,000 the department will determine a fee that must be paid by all private schools to the account.(c) The necessity for assessing the fee will be determined by the department when it conducts its annual account balance review prior to December 31st. The fee that is assessed by the department will be in effect for a period of 12 months.(d) The fee must be paid by each private school, upon annual renewal of the license during the 12-month period and must be paid in addition to the renewal fee. The renewal notice sent by the department will reflect the fee due to the account.(e) In addition to any other fees, all new schools applying for a private school license must pay the prescribed fee to the account as determined under subsection (b) before a license will be issued.(f) In the event a student from a closed school cannot be placed or does not accept a place in another school, a refund, calculated under the closed school's refund policy, may be paid from the Barbering and Cosmetology School Tuition Protection Account and the total payment of a claim may not exceed $35,000. The total amount of claims paid against a single closed school may not exceed $100,000.(g) The executive director may authorize payment to a student from the Barbering and Cosmetology School Tuition Protection Account if:(1) the student makes a claim for payment on a form approved by the executive director;(2) a closed private school has failed to pay a refund to the student within 30 days after the date the student became eligible for the refund, and the student has not been placed or accepted a place in another school with appropriate credit given to the student for tuition and fees paid to the closed school;(3) the executive director determines after investigation that the student is owed the refund; and(4) the student assigns to the department all rights of the student against the closed school to the extent of the amount paid to the student from the account.(h) The executive director may authorize payment to a private school from the Barbering and Cosmetology School Tuition Protection Account if:(1) the school makes a claim for payment on a form approved by the executive director;(2) the school has incurred expenses in providing training directly related to educating a student from a closed private school, including the applicable tuition for the period for which the student paid tuition;(3) the executive director determines after investigation that the school is entitled to payment from the account; and(4) the school assigns to the department all rights of the school against the closed school to the extent of the amount paid from the account.(i) The department will pay claims on a pro rata basis from appropriated money available in the account if:(1) the account contains insufficient assets to pay all claims;(2) insufficient money has been appropriated to the department from the account to pay all claims; or(3) the total amount of claims against a single closed school exceeds the amount specified in Subsection (f).(j) The department will notify a closed private school of any claim made against the closed school under this section. Before the executive director may authorize any payment from the account, the school must have 20 days from the date of notice of the claim to dispute the claim and present evidence to the executive director in opposition to the claim.(k) If payment is made from the Barbering and Cosmetology School Tuition Protection Account on a claim against a closed private school:(1) the school must reimburse the account immediately or agree in writing to reimburse the account, on a schedule to be determined by the executive director;(2) the school must immediately pay the student any additional amount due to the student under the Act or agree in writing to pay the student on a schedule to be determined by the executive director;(3) payments made by a school to the account under this subsection include interest accruing at the rate of eight percent a year beginning on the date the executive director pays the claim;(4) the department must be subrogated to all rights of the claimant against the school to the extent of the amount paid to the claimant; and(5) the department may assess administrative penalties or sanctions against the school and may deny an application for a license, certificate, or permit or an application for renewal of a license, certificate, or permit filed by the holder of the private school license.", "sourceNote": "Source Note: The provisions of this §83.40 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211585", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.50", "label": "Inspections--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211586", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Schools and establishments must be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.(b) An establishment owner, manager, or their representative must, upon request, make available to the department representative the list required by §83.71(c) of all independent contractors and all mini-establishment licensees who work in the establishment.(c) The department will make information available to establishment and school owners and managers on best practices for risk-reduction techniques.(d) The establishment or school owner, manager, employee, contractor, or their representative must cooperate with the inspector or investigator in the performance of the inspection or investigation.", "sourceNote": "Source Note: The provisions of this §83.50 adopted to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211586", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.51", "label": "Initial Inspections--Inspection of Schools Before Operation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211587", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any new or relocated school must be inspected and approved by the department before it may operate. Additionally, a school that has changed ownership must be inspected and approved by the department but may continue to operate prior to inspection.(b) The school owner must request an initial inspection from the department and pay the fee required by §83.80.(c) Upon receipt of the owner's request and the fee, the department will schedule the initial inspection date and notify the owner.(d) Schools must be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.(e) A school that does not meet the minimum requirements on initial inspection may be reinspected. The school owner must submit the request for reinspection before the department will perform the reinspection.", "sourceNote": "Source Note: The provisions of this §83.51 adopted to be effective March 1, 2006, 31 TexReg 1297; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211587", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.65", "label": "Barbering and Cosmetology Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211588", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of the Barbering and Cosmetology Advisory Board is to advise the Commission and department on:(1) education and curricula for applicants;(2) the content of examinations;(3) proposed rules and standards on technical issues related to barbering and cosmetology; and(4) other issues affecting barbering and cosmetology.(b) The board is composed of nine persons as specified in the Act. Board members will serve staggered six-year terms.", "sourceNote": "Source Note: The provisions of this §83.65 adopted to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211588", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.70", "label": "Responsibilities of Individual Practitioners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section, \"licensed facility\" means the premises of an establishment or school.(b) A practitioner is restricted to working in a licensed facility but may perform a service within the scope of the license, at a location other than a licensed facility for a customer who:(1) is unable to receive the services at a licensed facility because of illness or physical or mental incapacitation; or(2) will receive the services in preparation for and at the location of a special event; and(3) makes the appointment for services through a licensed facility.(c) A practitioner performing digitally prearranged remote services may perform these services at a location other than a licensed facility if the appointment is made through a remote service business's digital network.(d) Specialty practitioners may only perform the practice authorized by the specialty license.(e) All current licenses must either be posted near the licensee's work station in the public view or be made available at the establishment reception desk.(f) A current photograph of the licensee at least 1 1/2 inches by 1 1/2 inches must be attached to the front of the license or permit, or digitally displayed along with an image of the license or permit. The photograph may not obscure any information on the license or permit.(g) Practitioners must notify the department in writing of any name change within thirty (30) days of the change.(h) Practitioners must notify the department within thirty (30) days following any change of address. The department may send all notices on other information required by applicable laws and rules to any licensee's last known mailing address on file with the department.(i) Practitioners must wear clean top and bottom outer garments and footwear while performing services authorized under the Act. Outer garments include tee shirts, blouses, sweaters, dresses, smocks, pants, jeans, shorts, and other similar clothing and do not include lingerie.(j) Practitioners are responsible for compliance with the health and safety standards of this chapter.", "sourceNote": "Source Note: The provisions of this §83.70 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2014, 38 TexReg 9520; amended to be effective January 1, 2016, 40 TexReg 8759; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective March 15, 2020, 45 TexReg 1693; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211589", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.71", "label": "Responsibilities of Establishments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225882", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each establishment must have the current law and rules book.(b) Each establishment is responsible for compliance with the health and safety standards of this chapter.(c) An establishment may lease space to an independent contractor who is a practitioner. The lessor to an independent contractor practitioner must maintain a list of all renters that includes the name of renter and the license number of the renter. The lessor must supply the department representative with a list of renters upon request.(d) An establishment may lease space to mini-establishment license holders. The lessor must maintain a list of all mini-establishment license numbers and expiration dates and must provide the list to a department representative upon request.(e) A mini-establishment license holder must maintain the name, license number, and license expiration date of each person working in the mini-establishment.(f) Establishments that lease space to mini-establishments must maintain all common areas.(g) Each establishment must comply with the following requirements:(1) a sink with hot and cold running water in an area where services are performed;(2) an identifiable sign with the establishment's name;(3) a suitable receptacle for used towels/linen;(4) a wet disinfectant soaking container, large enough to fully immerse tools and implements;(5) a clean, dry, debris-free storage area;(6) a minimum of one covered trash container; and(7) if providing manicure or pedicure nail services, an autoclave, dry heat sterilizer or ultraviolet sanitizer.(h) In addition to the requirements of subsection (g):(1) full-service establishments and mini-establishments must provide the following equipment for each practitioner present and providing services:(A) one working station;(B) one styling or barber chair; and(C) a sufficient number of shampoo bowls. The establishment must have at least one shampoo bowl if the establishment provides shampooing or any service that results in a permanent change to the color or structure of the hair. A mini-establishment providing these services will be in compliance with this rule if the mini-establishment has access to at least one shampoo bowl.(2) establishments providing manicure services must provide the following equipment for each practitioner present and providing services:(A) one manicure station with sufficient lighting;(B) one manicure chair or stool; and(C) one client chair for each manicure station.(3) establishments providing esthetician services must provide the following equipment for each practitioner present and providing services:(A) one facial bed or chair; and(B) one mirror.(4) establishments providing combination esthetician/manicure services must provide the following equipment:(A) the requirements for establishments providing manicure services; and(B) the requirements for establishments providing esthetician services.(5) establishments providing eyelash extension services must provide the following equipment for each practitioner present and providing services:(A) one facial bed, chair, or massage table, all of which must allow the consumer to lie completely flat;(B) one lamp;(C) one stool or chair; and(D) one mirror.(6) establishments providing hair weaving services must provide the following equipment for each practitioner present and providing services:(A) one work station;(B) one styling chair;(C) one chair dryer or handheld dryer; and(D) a sufficient number, no fewer than one in the entire establishment, of shampoo bowls for practitioners providing hair weaving services.(i) All practitioners acting as independent contractors must have the following items:(1) a wet disinfectant soaking container, large enough to fully immerse tools and implements;(2) a clean, dry, debris-free storage area;(3) a suitable receptacle for used towels/linen; and(4) a current law and rules book.(j) In addition to the requirements in subsection (i), practitioners acting as independent contractors must have the following items.(1) If practicing in a full-service establishment, one work station and one styling or barber chair.(2) If practicing in an establishment providing esthetician services, one facial bed or chair and one mirror, wall-hung or handheld.(3) If practicing in an establishment providing manicure services, one manicure station with sufficient lighting, one manicure chair or stool, and one client chair, professional in appearance.(4) If practicing in an establishment providing eyelash extension services, one facial bed, chair, or massage table that allows the consumer to lie completely flat, one stool or chair, one lamp, and one mirror.(k) Practitioners acting as independent contractors must comply with all state and federal laws relating to independent contractors.(l) Establishments must display in the establishment, in a conspicuous place clearly visible to the public, a notice that a copy of the establishment's most recent inspection report issued by the department is available upon request.(m) All licensed establishments must display in a conspicuous place clearly visible to the public a sign, acceptable to the department, regarding human trafficking information as required by Texas Occupations Code §1603.356 and this chapter.(n) An establishment must ensure that all persons performing or offering to perform barbering or cosmetology services at the establishment are properly licensed at all times. An establishment may not allow a person to perform any barbering or cosmetology service for which the person does not hold the required license.(o) An establishment may not perform or offer to perform any barbering or cosmetology service outside the scope of the establishment's license.(p) A person may not operate an establishment or school on the same premises, at the same time, as another establishment or school, unless the facilities are separated by walls of permanent construction without an opening between the facilities. This does not apply to mini-establishments or mobile establishments that are operated on the same premises as other establishments.(q) Each establishment must display a copy of §§83.100-83.115. An establishment may meet this requirement by placing the law and rules book so that it is accessible to all practitioners who work in the establishment.", "sourceNote": "Source Note: The provisions of this §83.71 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective January 1, 2008, 32 TexReg 9970; amended to be effective December 15, 2010, 35 TexReg 10956; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2014, 38 TexReg 9520; amended to be effective July 1, 2014, 39 TexReg 4650; amended to be effective January 1, 2016,40TexReg 8759; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225882", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.72", "label": "Responsibilities of Schools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211591", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each school must have the current law and rules book.(b) Each school is responsible for compliance with the health and safety standards of this chapter.(c) Each school must ensure that any alterations to a school's floor plan are in compliance with the Act and this chapter.(d) The certificate of curriculum approval must be posted in a conspicuous place in the school. A current syllabus and lesson plan for each course must be maintained by the school and be available for inspection.(e) Schools must have at least one instructor on duty for each 25 students in attendance, including evening classes. An instructor must be physically present during all practical curriculum standard activities, and physically present or participating through distance education for theory curriculum standard activities. No credit for instructional hours can be granted to a student unless such hours are accrued under the supervision of an instructor.(f) Schools offering distance education must:(1) obtain department approval before offering a course;(2) provide students with the educational materials necessary to fulfill course requirements; and(3) comply with the curriculum standards in §83.202(e) by limiting distance education to instruction in theory.(g) Schools must maintain one album to display each student permit, including affixed picture, of each enrolled student. The permits must be displayed in alphabetical order by last name, then alphabetical order by first name, and, if more than one student has the same name, by student permit number.(h) Schools must either use a time clock or credit hours to track student hours and maintain a daily record of attendance.(i) Schools using time clocks must ensure compliance with the following requirements and post a sign at the time clock that states the following department requirements:(1) Each student must personally clock in/out.(2) No credit may be given for any times written in, except in a documented case of time clock failure or other situations approved by the department.(3) If a student is in or out of the facility for lunch, the student must clock out.(4) Students leaving the facility for any reason, including smoking breaks, must clock out, except when an instructional area on a campus is located outside the approved facility, that area is approved by the department and students are under the supervision of an instructor.(j) Students are prohibited from preparing hour reports or supporting documents. Only school owners and school designees, including instructors, may electronically submit information to the department in accordance with this chapter. No student permit holder may electronically submit information to the department under this chapter.(k) A school must properly account for the hours granted to each student. A school may not engage in any act directly or indirectly that grants or approves student credit that is not accrued in accordance with this chapter. A school must maintain and have available for a department and/or student inspection the following documents for a period of the student's enrollment through 48 months after the student completes the curriculum standards, withdraws, or is terminated:(1) daily record of attendance;(2) the following documents if a time clock is used:(A) time clock record(s);(B) time clock failure and repair record(s); and(C) field trip records in accordance with §83.202(f)(4); and(3) all other relevant documents that account for a student's credit under this chapter.(l) Schools using time clocks must, at least one time per month submit to the department an electronic record of each student's accrued clock hours in a manner and format prescribed by the department. A school's initial submission of clock hours must include all hours accrued at the school. Delayed data submission(s) are permitted only upon department approval, and the department will prescribe the period of time for which a school may delay the electronic submission of data, to be determined on a case-by-case basis. Upon department approval, a school may submit data required under this subsection in an alternate manner and format as determined by the department, if the school demonstrates that the requirements of this subsection would cause a substantial hardship to the school.(m) Schools using credit hours must, at the end of the course or module or if the student drops or withdraws, submit to the department an electronic record of each student's accrued credit hours in a manner and format prescribed by the department.(n) Schools changing from clock hours to credit hours or from credit hours to clock hours must apply with the department for approval, on a department approved form, prior to making any changes. (o) Successful completion of 1 credit hour is equal to 37.5 clock hours. This equivalency will be used for conversion between clock hours to credit hours or credit hours to clock hours and the department must periodically assess this equivalency conversion to ensure it is an acceptable industry standard.(p) Except for a documented leave of absence, schools must electronically submit a student's withdrawal or termination to the department within 10 calendar days after the withdrawal or termination. Except for a documented leave of absence, a school must terminate a student who does not attend class for 30 consecutive days.(q) All areas of a school or campus are acceptable as instructional areas for a public school, provided that the instructor is teaching barbering or cosmetology curricula required under §83.202. (r) A private school or public post-secondary school may provide barbering and cosmetology instruction to public high school students by contracting with the school district and complying with Texas Education Agency law and rules. A public high school student receiving instruction under such contract is considered to be a public high school student enrolled in a public school barbering and cosmetology program for purposes of the Act and department rules.(s) Schools may establish school rules of operation and conduct, including rules relating to absences and clothing, that do not conflict with this chapter.(t) Schools must ensure that guest presenters possess the necessary knowledge and teaching ability to present a curriculum standard topic and that an instructor is present during the guest presenter's classroom teaching.(u) Schools must have a classroom separated from the laboratory area and equipped with the following equipment:(1) if using a time clock to track student hours, one day/date formatted computer time clock;(2) desks and chairs or table space for each student in attendance;(3) multi-media equipment;(4) a sink with hot and cold running water and secure space for storage and dispensing of supplies and equipment;(5) a suitable receptacle for used towels/linens;(6) covered trash cans in lab area;(7) wet disinfectant soaking container, large enough to fully immerse tools and implements;(8) for each student, equipment that is:(A) sufficient to enable the student to perform the services associated with the curriculum standards for which the student is enrolled;(B) in good working condition; and(C) of adequate design to permit effective instruction;(9) if offering the class A barber or operator curriculum standards, the following equipment available in adequate number for student use:(A) shampoo bowl and shampoo chair;(B) hair drying equipment or professional hand-held hair dryers;(C) cold wave rods;(D) thermal iron (electric or non-electric);(E) styling station covered with a non-porous material that can be cleaned and disinfected, with mirror and styling or barber chair (swivel or hydraulic);(F) mannequin with sufficient hair;(G) professional hand clippers;(H) manicure station and stool;(I) facial bed or a chair that reclines;(J) dry sanitizer; and(K) wet disinfectant soaking containers, large enough to fully immerse tools and implements;(10) if offering the esthetician curriculum standards, the following equipment available in adequate number for student use:(A) facial bed or a chair that reclines;(B) lighted magnifying glass;(C) woods lamp;(D) dry sanitizer;(E) steamer machine;(F) brush machine for cleaning;(G) vacuum machine;(H) high frequency machine for disinfection, product penetration, stimulation;(I) galvanic machine for eliminating encrustations, product penetration;(J) mannequin head; and(K) wet disinfectant soaking containers, large enough to fully immerse tools and implements.(11) if offering the manicure curriculum standards, the following equipment available in adequate number for student use:(A) an autoclave, dry-heat sterilizer or ultra-violet sanitizer;(B) manicure station with sufficient lighting;(C) client chair;(D) student stool or chair;(E) whirlpool foot spa or foot basin;(F) electric nail file;(G) UV light curing system;(H) paraffin bath and paraffin wax; and(I) wet disinfectant soaking containers;(12) if offering the esthetician/manicure curriculum standards, the equipment required for the esthetician curriculum standards as listed in paragraph (10); and the equipment required for the manicure curriculum standards as listed in paragraph (11); in adequate number for student use; and(13) if offering the eyelash extension curriculum standards, the following equipment available in adequate number for student use:(A) facial bed, facial chair, or massage table, all of which must allow the consumer to lie completely flat;(B) stool or chair;(C) lamp;(D) mannequin head;(E) wet disinfectant soaking containers; and(F) dry sanitizer.(v) Schools must display in the school, in a conspicuous place clearly visible to the public:(1) a copy of the school's most recent inspection report issued by the department or a notice that a copy of the school's most recent inspection report issued by the department is available upon request;(2) a sign, acceptable to the department, regarding human trafficking information as required by Texas Occupations Code §1603.356 and this chapter; and(3) a sign that reads \"SCHOOL--STUDENT PRACTITIONERS\" in at least 10-inch block letters, or the sign provided by the department, visible from the outside of each client entrance to the licensed school.(w) A school may not award credit or provide instruction for, and a student may not earn, more than 184 hours or equivalent credit hours per calendar month.(x) Each school must display a copy of §§83.100-83.115. A school may meet this requirement by placing the law and rules book so that it is accessible to all students and all staff who work in the school.(y) A school must not allow an instructor to teach barbering or cosmetology services outside the scope of the instructor's practitioner license.", "sourceNote": "Source Note: The provisions of this §83.72 adopted to be\r\neffective December 8, 2005, 30 TexReg 8082; amended to be effective\r\nMarch 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006,\r\n31 TexReg 5952; amended to be effective February 17, 2012, 37 TexReg\r\n681; amended to be effective January 1, 2014, 38 TexReg 9520; amended\r\nto be effective July 1, 2014, 39 TexReg 4650; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8759; amended to be effective January 15,\r\n2018, 43 TexReg 81; amended to be effective March 15, 2020, 45 TexReg\r\n1693; amended to be effective October 20, 2020, 45 TexReg 7413; amended\r\nto be effective January 1, 2023, 47 TexReg 8640; amended to be effective\r\nAugust 15, 2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211591", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.73", "label": "Responsibilities of Students" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211592", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Students are responsible for compliance with the health and safety standards of this chapter.(b) Students may not engage in any act that constitutes dishonesty or misrepresentation related to a student's hours accrued under this chapter.", "sourceNote": "Source Note: The provisions of this §83.73 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective January 1, 2014, 38 TexReg 9520; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211592", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.74", "label": "Responsibilities--Withdrawal, Termination, Transfer, School Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211593", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A student desiring to transfer from one school to another must withdraw from the first school prior to the transfer. Enrollment in two or more schools at the same time is prohibited.(b) A student transferring to a school who desires to claim credit earned must inform the school transferred to prior to enrollment of the student's prior attendance and must furnish to that school and the department a record of credit claimed. This record may be in the form of a transcript from the prior school or an extract from records of the department.(c) Upon withdrawal, and provided that the agreed tuition and fees have been tendered, a student is entitled to an official transcript of credit earned at the school withdrawn from. The transcript must be ready for pickup or, if mailed, postmarked within ten calendar days of the school's receipt of notice of withdrawal. A copy of the transcript must be kept in the student's file for 48 months and the copy must be made available at the request of the department.(d) A student who withdraws from a school is entitled to a refund in accordance with Texas Occupations Code, Chapter 1603 and this chapter.(e) Withdrawal or termination must be defined by the number of hours scheduled according to the enrollment agreement or contract the student has signed with the school or other document acceptable to the department and not the clock hours the student has earned during class attendance.(f) If a school closes or ceases operation before the class credit is earned, the student is entitled to a tuition refund in accordance with Texas Occupations Code, Chapter 1603.(g) Any student of an out-of-state private or public school may submit a request to the department to transfer the completed credit to a Texas school. A transcript must be submitted on the prescribed form and certified by the school in which the instruction was given. Portions of the curricula of the department not taught in another state must be taken in an approved Texas school prior to taking the Texas examination.(h) A student enrolled for a class A barber, operator, or specialty course may withdraw and transfer hours acquired to another course not to exceed the amount of hours of that subject in the applicable curriculum standards.", "sourceNote": "Source Note: The provisions of this §83.74 adopted to be effective August 1, 2006, 31 TexReg 5952; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective March 15, 2020, 45 TexReg 1693; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211593", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.77", "label": "Remote Service Business Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211594", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person or entity licensed under this chapter may not operate a remote service business without first:(1) providing, in a manner prescribed by the department, notice of the licensee's intent to operate a remote service business;(2) providing a permanent mailing address for the remote service business; and(3) verifying that the remote service business complies with the requirements of the Act and this chapter.(b) Only licensed practitioners may perform digitally prearranged remote services.(c) A remote service business must comply with the requirements of the Act, this chapter, and all health and safety requirements, as applicable.(d) A remote service business may not offer a barbering or cosmetology service that requires treating or removing a person's hair by:(1) coloring;(2) processing;(3) bleaching;(4) dyeing;(5) tinting; or(6) using a cosmetic preparation.(e) A remote service business may offer only the following barbering or cosmetology services:(1) haircutting, hairstyling, or weaving a person's hair by thread and needle or attaching by clamps or glue;(2) arranging, beautifying, shaving, styling, or trimming a person's mustache or beard;(3) beautifying a person's face, neck, or arms using antiseptic, tonic, lotion, powder, oil, clay, or cream;(4) removing superfluous hair on the face using tweezers;(5) massaging, cleansing, and treating a person's hands or feet for polish change manicures and pedicures, and non-whirlpool foot basin pedicures only; and(6) applying semi-permanent, thread-like extensions composed of single fibers to a person's eyelashes.(f) A remote service business may not offer portable whirlpool foot spa pedicures.(g) A licensed practitioner performing digitally prearranged remote services must practice within the scope of the practitioner's license and may only provide the services specifically authorized by this section.(h) A remote service business must provide through the entity's digital network prior to any digitally prearranged remote service being performed:(1) the following information regarding the practitioner who will perform the service:(A) the person's first and last name;(B) the person's license number; and(C) a photograph of the person who will be performing the remote services;(2) the following information regarding the business:(A) internet website address; and(B) telephone number; and(3) the department's internet website address and telephone number and notice that the client may contact the department to file a complaint against the remote service business or practitioner performing the service.(i) A remote service business must maintain records and information showing compliance with this chapter and the Act until at least the fifth anniversary of the date the record was generated.(j) A practitioner who provides digitally prearranged remote services is responsible for the services provided.(k) A remote service business must terminate a practitioner's access to the business's digital network if the remote service business or department determine there has been a violation of:(1) this chapter; or(2) the Act.(l) Before a practitioner provides a digitally prearranged remote service, the remote service business and the practitioner must ensure that all implements and supplies have been cleaned, disinfected, and sanitized or sterilized with department-approved disinfectants and in accordance with the requirements of the Act and this chapter.(m) A remote service business and a practitioner performing remote services must ensure compliance with all safety and sanitation requirements related to the digitally prearranged remote services being provided and in accordance with the Act and this chapter.(n) A remote service business must maintain accurate records and information showing compliance with this chapter and the Act and must make these records available to the department upon request.", "sourceNote": "Source Note: The provisions of this §83.77 adopted to be effective March 15, 2020, 45 TexReg 1693; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211594", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.78", "label": "Responsibilities of Mobile Establishment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225883", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A mobile establishment must comply with all health and safety requirements and all other requirements of the Act and this chapter for establishments or specialty establishments, as applicable, except as modified by this section or as otherwise indicated.(b) A mobile establishment license holder must maintain a permanent physical address as required by §83.22(c). The mobile establishment must notify the department in writing of any change in mailing address within 10 calendar days of the change.(c) Records of the following must be kept within the mobile establishment unit and made available for inspection by department personnel: appointments; itineraries, if the establishment submits itineraries to the department as provided by subsection (d); license numbers of employees and independent contractors; and vehicle identification numbers of the mobile establishment. Records of appointments and itineraries must be kept for a period of at least one year from the date the record is made.(d) A mobile establishment must either:(1) have a Global Positioning System (GPS) tracking device that enables the department to track the location of the mobile establishment over the internet and meet the following requirements:(A) the device must be on board and functioning at all times the mobile establishment is in operation or open for business; and(B) the mobile establishment must provide the department with all information necessary to track the establishment over the internet; or(2) submit to the department, in a manner specified by the department, a weekly itinerary showing the dates, exact locations, and times of service to be provided. The license holder must submit the itinerary not less than 7 calendar days prior to the beginning of service described in the itinerary and must submit to the department any changes in the itinerary not less than 24 hours prior to the change. A mobile establishment must follow the itinerary in providing service and notify the department of any changes.(e) Furniture must be anchored to the mobile establishment unit.(f) All chemicals in the mobile establishment must be stored in cabinets secured with safety catches and must be stored separate and apart from other articles or equipment in the establishment.(g) A mobile establishment must display on both sides of the exterior of the mobile establishment, the mobile establishment's license number and a sign stating the name of the establishment.(h) A mobile establishment must have a water heater that provides fresh, hot water continuously and on demand.(i) A mobile establishment unit must have a fresh water tank holding a sufficient amount of fresh water to perform the day's business. If a mobile establishment unit's fresh water supply is depleted, operation must cease until the supply is replenished.(j) A mobile establishment must have a functioning restroom available for use on the premises where the mobile establishment is located when providing services.(k) No services may be performed outside the mobile establishment or while the mobile establishment is in motion.(l) A mobile establishment may not be used as a residence or for any other purpose besides providing barbering or cosmetology services.", "sourceNote": "Source Note: The provisions of this §83.78 adopted to be effective January 1, 2008, 32 TexReg 9970; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225883", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211596", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application fees.(1) Class A Barber License or Operator License--$50(2) Specialty Practitioner License (Esthetician, Manicurist, Manicurist/Esthetician, Eyelash Extension, Hair Weaving, or Hair Weaving/Esthetician)--$50 (3) Full-Service Establishment License--$78(4) Specialty Establishment License (Esthetician, Manicurist, Manicurist/Esthetician, Eyelash Extension, or Hair Weaving)--$78(5) Mini-Establishment License--$70(6) Mobile Establishment License--$78(7) School License--$380(8) Student Permit--$25(b) Renewal fees.(1) Class A Barber License or Operator License--$50(2) Specialty Practitioner License (Esthetician, Manicurist, Manicurist/Esthetician, Eyelash Extension, Hair Weaving, or Hair Weaving/Esthetician)--$50 (3) Full-Service Establishment License--$78(4) Specialty Establishment License (Esthetician, Manicurist, Manicurist/Esthetician, Eyelash Extension, or Hair Weaving)--$78(5) Mini-Establishment License--$70(6) Mobile Establishment License--$78(7) School License--$280(c) Substantial Equivalence Fee--$50(d) Inactive License Status.(1) Renewal of license on inactive status--renewal fees as stated in subsection (b).(2) Change from inactive status to active status--$25(e) Revised or Duplicate License--$25(f) Law and Rules Book (additional copy)--$14(g) School (public and private) Inspection Fees--$200(h) Verification of license to other states--$15(i) Student transcript fee--$5(j) Late renewals fees for licenses under this chapter are provided under §60.83 (relating to Late Renewal Fees).(k) All fees are nonrefundable, except as otherwise provided by law or commission rule.(l) Law and rule book fee is included in the application and renewal fees for student, individual, school, and establishment licenses and permits.", "sourceNote": "Source Note: The provisions of this §83.80 adopted to be\r\neffective August 15, 2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211596", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.90", "label": "Administrative Sanctions and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211597", "queryAsDate": "03/11/2026" }, "ruleBody": "A person that violates Texas Occupations Code, Chapter 1603, a rule, or an order of the Executive Director or Commission relating to Chapter 1603, will be subject to the imposition of administrative sanctions and/or administrative penalties in accordance with Texas Occupations Code, Chapters 51 and 1603, and 16 Texas Administrative Code, Chapter 60 (relating to the Texas Department of Licensing and Regulation).", "sourceNote": "Source Note: The provisions of this §83.90 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211597", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.100", "label": "Health and Safety Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211598", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Chlorine bleach solutions--A chemical used to destroy bacteria and to disinfect implements and non-porous surfaces; solution should be mixed fresh at least once per day. As used in this chapter, chlorine bleach solutions fall into three categories based on concentration and exposure time:(A) Low level disinfection (100 - 200 ppm)--Add two teaspoons household (5.25%) bleach to one gallon water. Soak 10 minutes minimum.(B) High level disinfection (1,000 ppm)--Add one-third (1/3) cup household (5.25%) bleach to one gallon water. Soak 20 minutes minimum.(C) Blood and body fluid cleanup and disinfection (5,000 ppm)--Add one and three-quarters (1 3/4) cups household (5.25%) bleach to one gallon water. Also referred to as a 10% bleach solution.(2) Clean or cleansing--Washing with liquid soap and water, detergent, antiseptics, or other adequate methods to remove all visible debris or residue. Cleansing is not disinfection.(3) Disinfect or disinfection--The use of chemicals to destroy pathogens on implements and other non-porous surfaces to render an item safe for handling, use, and disposal.(4) Disinfectant--In this chapter, one of the following department-approved chemicals:(A) an EPA-registered bactericidal, fungicidal, and virucidal disinfectant used in accordance with the manufacturer's instructions; or(B) a chlorine bleach solution used in accordance with this chapter.(5) EPA-registered bactericidal, fungicidal, and virucidal disinfectant--When used according to manufacturer's instructions, a chemical that is a low-level disinfectant used to destroy bacteria and to disinfect implements and non-porous surfaces.(6) Multi-use items--Items constructed of hard materials with smooth surfaces such as metal, glass, or plastic typically for use on more than one client. The term includes but is not limited to such items as clippers, scissors, combs, nippers, tweezers, and some nails files.(7) Single-use items--Porous items made or constructed of cloth, wood, or other absorbent materials having rough surfaces usually intended for single use including but not limited to such items as tissues, orangewood sticks, cotton balls, thread, surgical tape, extension pads, some buffer blocks, and gauze.(8) Sterilize or sterilization--To eliminate all forms of bacteria or other microorganisms by use of an autoclave or dry heat sterilizer.(9) Sanitize or sanitization--To reduce the number of microorganisms to a safe level by use of an ultraviolet sanitizer.", "sourceNote": "Source Note: The provisions of this §83.100 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective January 1, 2008, 32 TexReg 9970; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective July 1, 2014, 39 TexReg 4650; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211598", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.101", "label": "Health and Safety Standards--Department-Approved Disinfectants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211599", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) EPA-registered bactericidal, fungicidal, and virucidal disinfectants must be used as follows:(1) Implements and surfaces must first be thoroughly cleaned of all visible debris prior to disinfection. EPA-registered bactericidal, fungicidal, and virucidal disinfectants become inactivated and ineffective when visibly contaminated with debris, hair, dirt and particulates.(2) Some disinfectants may be sprayed on the instruments, tools, or equipment to be disinfected.(3) Disinfectants in which implements are to be immersed must be prepared fresh daily or more often if solution becomes diluted or soiled.(4) In all cases the disinfectant must be used in accordance with the manufacturers' instructions for disinfecting or other guidance in this rule.(5) These chemicals are harsh and may affect the long-term use of scissors and other sharp objects. Therefore, the department recommends leaving items in solution in accordance with the manufacturers' recommendation for effective disinfection.(b) Chlorine bleach solutions must be used as follows:(1) Chlorine bleach at the appropriate concentration is an effective disinfectant for all purposes in an establishment.(2) Chlorine bleach solutions must be mixed daily.(3) Chlorine bleach must be kept in a closed covered container and not exposed to sunlight.(4) Chlorine bleach may affect the long-term use of scissors and other sharp objects, so the department does not recommend leaving items in bleach solution beyond 2 minutes for effective disinfection (5 minutes if disinfecting for blood contamination).(5) Chlorine bleach vapors might react with vapors from other chemicals. Therefore, chlorine bleach solution must not be placed or stored near other chemicals used in establishments (i.e., acrylic monomers, alcohol, or other disinfecting products) or near flame.(6) Used or soiled chlorine bleach solution must be properly disposed of each day.", "sourceNote": "Source Note: The provisions of this §83.101 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective July 1, 2014, 39 TexReg 4650; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211599", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.102", "label": "Health and Safety Standards--General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211600", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All practitioners must clean their hands with soap and water or use a hand sanitizer prior to performing any services and as necessary during the service to ensure a client health and safety. All establishments, schools, and practitioners must utilize clean and disinfected equipment, tools, implements, and supplies in accordance with this chapter, and must employ good hygiene habits while providing barbering or cosmetology services.(b) A practitioner may not perform services on a client if the practitioner has reason to believe the client has a contagious condition such as head lice, nits, ringworm, conjunctivitis; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore in the area to be serviced.(c) Multi-use equipment, implements, tools or materials not addressed in this chapter must be cleaned and disinfected before use on each client. Except as otherwise provided in this chapter, chairs and dryers do not need to be disinfected prior to use for each client.(d) Single-use equipment, implements, tools or porous items not addressed in this rule must be discarded after use on a single client.(e) Electrical equipment that cannot be immersed in liquid must be wiped clean and disinfected prior to each use on a client.(f) All clean and disinfected implements and materials when not in use must be stored in a clean, dry, debris-free environment including but not limited to drawers, cases, tool belts, rolling trays, or hung from hooks. They must be stored separate from soiled implements and materials. Ultraviolet electrical sanitizers are permissible for use as a dry storage container. Supplies not related to barbering or cosmetology must be stored in separate drawers or locations.(g) Shampoo bowls and manicure tables must be disinfected prior to use for each client.(h) A container, large enough to fully immerse all tools and implements with liquid disinfectant must be used to disinfect combs, brushes, scissors or other equipment which may be safely immersed in a liquid disinfectant.(i) Floors in establishments and schools must be thoroughly cleaned each day. Hair cuttings must be removed as soon as practicable.(j) All trash containers must be emptied daily and kept clean by washing or using plastic liners.(k) Hand washing facilities, including hot and cold running water must be provided for employees.(l) Clean towels must be used on each client. Towels must be washed in hot water and chlorine bleach.(m) Soiled towels must be removed after use on each client and deposited in a suitable receptacle.(n) Each establishment and school must keep all products used in the conduct of their business properly labeled in compliance with OSHA requirements.(o) Hair cutting and shampoo capes must be kept clean. A clean (one-use) cape must be used for each client or a sanitary neck strip or towel must be used to keep the capes from coming into direct contact with the client's neck.", "sourceNote": "Source Note: The provisions of this §83.102 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211600", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.103", "label": "Health and Safety Standards--Hair Cutting, Styling, Shaving, and Treatment Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211601", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Practitioners must wash their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client.(b) All equipment, implements, tools and materials must be properly cleaned and disinfected in accordance with this rule prior to servicing each client.(c) After each client, all non-single-use implements must be wiped with a clean paper or fabric towel and sprayed with either an EPA-registered bactericidal, fungicidal, and virucidal disinfectant, or a high-level disinfectant chlorine bleach solution. Equipment, implements, tools and materials to be cleaned and disinfected include but are not limited to combs and picks, haircutting shears, thinning shears/texturizers, razors, safety razors, edgers, guards, clippers, and perm rods.(d) At the end of each day of use, the above items, along with any other tools, such as sectioning clips, brushes, combs and picks must be cleaned by manually scrubbing with soap and water or adequate methods, and then disinfected by one of the following methods:(1) Complete immersion in an EPA-registered bactericidal, fungicidal, and virucidal disinfectant in accordance with manufacturer's instructions; or(2) Complete immersion in a high-level disinfectant chlorine bleach solution.", "sourceNote": "Source Note: The provisions of this §83.103 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective January 1, 2014, 38 TexReg 9520; amended to be effective July 1, 2014, 39 TexReg 4650; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211601", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.104", "label": "Health and Safety Standards--Esthetician Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211602", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Practitioners must wash their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client. Gloves must be worn during any type of extraction.(b) Equipment, implements, tools and materials must be properly cleaned and disinfected after servicing each client in accordance with this rule.(c) Facial chairs and beds, including headrest for each, must be cleaned and disinfected after providing service to each client. The chair or bed must be made of or covered in a non-porous material that can be disinfected.(d) After each client, multiple use implements such as metal tweezers and comedone extractors must be cleaned and disinfected.(e) The following implements are single-use items and must be discarded in a trash receptacle after use: cotton pads, cotton balls, gauze, wooden applicators, disposable gloves, tissues, thread, disposable wipes, lancets, fabric strips and other items used for a similar purpose as one or more of the items listed above.(f) The following items that are used during services must be replaced with clean items for each client: disposable and terry cloth towels, hair caps, headbands, brushes, gowns, makeup brushes, spatulas that contact skin or products from multi-use containers, sponges and other items used for a similar purpose as one or more of the items listed above.(g) Items subject to possible cross contamination such as creams, cosmetics, astringents, lotions, removers, waxes, moisturizers, masks, oils and other preparations must be used in a manner so as not to contaminate the remaining product. Applicators must not be re-dipped in product. Permitted procedures to avoid cross contamination are:(1) Disposing of the remaining product before beginning services on each client; or(2) Using a single-use disposable implement to apply product and disposing of such implement after use; or(3) Using an applicator bottle to apply the product.", "sourceNote": "Source Note: The provisions of this §83.104 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211602", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.105", "label": "Health and Safety Standards--Temporary Hair Removal Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211603", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Practitioners must wash their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client.(b) Practitioners must clean the areas of the client's body on which the service is to be administered.(c) Practitioners performing temporary hair removal services involving the use of wax, depilatories, preparations or tweezing techniques must dispose of after each use all products or single use items that have been in contact with a client's skin.(d) All wax pots must be cleaned and disinfected in accordance with manufacturer's recommendations. No applicators may be left standing in the wax at any time and wax may not be reused under any circumstances.(e) All multi-use items must be properly cleaned, disinfected and sterilized or sanitized prior to each service, in accordance with this chapter.", "sourceNote": "Source Note: The provisions of this §83.105 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211603", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.106", "label": "Health and Safety Standards--Manicure and Pedicure Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211604", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Practitioners must clean their hands with soap and water or a hand sanitizer prior to performing any services.(b) Practitioner must clean the areas of the client's body on which the service is to be administered.(c) All metal manicure and pedicure tools must be properly cleaned, disinfected and sterilized or sanitized prior to each service, in accordance with this chapter, regardless of the tool's multiuse for only a single client or for multiple clients.(d) After each client, the following implements must be cleaned, disinfected and sterilized or sanitized in accordance with the rule: metal pusher and files, cuticle nipper and scissors, metal tweezers, finger and toe nail clippers, and electric drill bits.(e) The following implements are single-use items and must be discarded after use: orangewood sticks, cotton balls, nail wipes and disposable towels.(f) Buffer blocks, porous nail files, pedicure files, callus rasps, natural pumice and foot brush, arbor, sanding bands, sleeves, heel and toe pumice, exfoliating block (washable materials) must be cleaned by manually brushing or other adequate methods to remove all visible debris after each use, and then sprayed with an EPA-registered bactericidal, fungicidal, and virucidal disinfectant, or a high level disinfection chlorine bleach solution in accordance with this chapter. If a buffer block or porous nail file is exposed to broken skin (skin that is not intact) or unhealthy skin or nails, it must be discarded immediately after use in a trash receptacle.(g) The following materials that are used during a manicure and pedicure must be replaced with new or clean articles for each client: terry cloth towels, finger bowls and spatulas that contact skin or skin products from multi-use containers.", "sourceNote": "Source Note: The provisions of this §83.106 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2016, 40 TexReg 8759; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211604", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.107", "label": "Health and Safety Standards--Electric Drill Bits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211605", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Only electric files, drills, or machines specifically designed and manufactured for use in the professional nail industry may be used in any establishment or school for performing manicure or pedicure services. Craft, hardware, and hobby tools cannot be used under any circumstances.(b) After each use, diamond, carbide, natural and metal bits must be cleaned by either(1) using a brush;(2) using an ultrasonic cleaner; or(3) immersing the bit in acetone for 5 to 10 minutes.(c) Immediately after cleaning all visible debris, diamond, carbide, natural and metal bits must be disinfected by complete immersion in an appropriate disinfectant between clients, then sterilized in accordance with this chapter.(d) Buffing bits and chamois must be cleaned with soap and water at the end of every day of use in addition to being cleaned or replaced between clients.", "sourceNote": "Source Note: The provisions of this §83.107 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211605", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.108", "label": "Health and Safety Standards--Foot Spas, Foot Basins, and Spa Liners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211606", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As used in this section, \"whirlpool foot spa\" or \"spa\" is defined as any basin using circulating water, either in a self-contained unit or in a unit that is connected to other plumbing in the establishment or school.(b) After use upon each client, each whirlpool foot spa must be cleaned and disinfected in the following sequential manner.(1) All water must be drained and all debris must be removed from the spa basin.(2) The spa basin must be cleaned with soap or detergent and water.(3) The spa basin must be disinfected with an EPA registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.(4) The spa basin must be wiped dry with a clean towel.(c) At the end of each day, each whirlpool foot spa must be cleaned and disinfected in the following sequential manner.(1) The screen and any other removable parts must be removed, all debris trapped behind the screen must be removed, and the screen and the inlet and any other removable parts must be washed with soap or detergent and water.(2) Before replacing the screen, one of the following procedures must be performed:(A) The screen and any other removable parts must be washed with a high level disinfection chlorine bleach solution; or(B) The screen and any other removable parts must be totally immersed in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.(3) The spa system must be flushed with soap and warm water for at least ten (10) minutes, after which the spa must be rinsed and drained.(d) Every other week (bi-weekly), after cleaning and disinfecting as provided in this subsection, each whirlpool foot spa must be cleaned and disinfected in the following sequential manner.(1) The spa basin must be filled completely with a high level disinfection chlorine bleach solution.(2) The spa system must be flushed for 5 to 10 minutes with the high level disinfection chlorine bleach solution or an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions and allowed to sit for 6 to 10 hours.(3) The spa system must be drained and flushed with water before use upon a client.(e) For whirlpool foot spas, a record must be made on a department-approved form of the date and time of each cleaning and disinfecting indicating whether the cleaning was a daily or bi-weekly cleaning. This record must be made at or near the time of cleaning and disinfecting and must indicate if a spa was not used during any individual work day.(f) As used in this section \"non-whirlpool foot basin\" or \"foot basin\" is defined as any basin, tub, footbath, sink or bowl that holds non-circulating water. After use upon each client, each non-whirlpool foot basin must be cleaned and disinfected in the following sequential manner.(1) All water must be drained and all debris must be removed from the foot basin.(2) The inside surfaces of the foot basin must be scrubbed and cleaned of all visible residues with a clean brush, soap or detergent, and water.(3) The foot basin must be disinfected with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal and virucidal activity which must be used according to the manufacturer's instructions.(4) The foot basin must be rinsed, emptied, and wiped dry with a clean towel.(g) For non-whirlpool foot basins, a record must be made on a department-approved form of the date and time of each cleaning and disinfecting. The record must be made at or near the time of cleaning and disinfecting and must indicate if the foot basin was not used during any individual work day.(h) As used in this section \"disposable spa liner\" or \"spa liner\" is defined as a plastic liner designed to be placed within a whirlpool foot spa and discarded after a single use and which is equipped with a single \"non-adhesive\" heat-sealed drain tab which, when pulled, allows water to empty directly into a whirlpool foot spa drain.(i) As used in this section \"portable whirlpool jet\" or \"jet\" is defined as a magnetic or other circulating device, designed to be placed within a whirlpool foot spa basin in order to circulate water in spas in which disposable spa liners are used.(j) Disposable spa liners and portable whirlpool jets may be used in providing spa services to clients. When used, the following sequential procedures must be performed.(1) After use upon a client, the heat sealed tab must be pulled allowing the water to empty directly into the establishment's or school's plumbing system.(2) The spa liner must be discarded in a covered trash receptacle.(3) The portable whirlpool jet must be completely immersed for 5 to 10 minutes in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.(4) The jet must be rinsed with warm water and drained.(5) All surfaces of the spa basin and foot rest must be wiped with EPA-registered disinfectant wipes.(k) For disposable spa liners and whirlpool jets, a record must be made on a department-approved form indicating the time and date when the spa liner was used and discarded and when the jet was used and disinfected and must indicate if the jet was not used during a work day.(l) Cleaning and disinfecting records for foot spas, foot basins, spa liners and jets must be made available upon request by either a client or a department representative and must be retained for inspection for at least 60 days.(m) A foot spa, foot basin or jet for which documentation is not maintained in accordance with this section must be removed from service and not used again until it has been cleaned and disinfected in accordance with the requirements of this section and the records have been properly updated. When a foot spa, foot basin or jet is removed from service for any reason, the record must indicate the date of removal from service.(n) Foot spa and foot basin chairs must be cleaned and disinfected after service is provided to each client. The chair must be made of or covered in a non-porous material that can be disinfected.", "sourceNote": "Source Note: The provisions of this §83.108 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective August 1, 2011, 36 TexReg 4798; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211606", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.110", "label": "Health and Safety Standards--Hair Weaving Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211607", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Practitioners must their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client.(b) All equipment, implements, tools and materials must be properly cleaned and disinfected in accordance with this rule prior to servicing each client.(c) Hair extensions, tracks, needles, and thread must be stored in a bag or covered container until ready to use. No unrelated items may be stored in the same bag or container.(d) Needles, combs, and hair clips must be sprayed with a disinfectant before use.", "sourceNote": "Source Note: The provisions of this §83.110 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective January 1, 2016, 40 TexReg 8759; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211607", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.111", "label": "Health and Safety Standards--Blood and Body Fluids" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211608", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Blood can carry many pathogens. For this reason, licensees should never touch a client's open sore or wound. Powdered alum, styptic powder, or a cyanoacrylate (e.g. liquid-type bandage) may be used to contact the skin to stop minor bleeding, and should be applied to the open area with a disposable cotton-tipped instrument that is immediately discarded after application.(b) In the case of blood or body fluid contact on any surface area such as a table, chair, or the floor, an EPA-registered hospital grade disinfectant, a tuberculocidal disinfectant, or a blood and body fluid cleanup and disinfection chlorine bleach solution must be used per manufacturer's instructions immediately to clean up all visible blood or body fluids.(c) If any non-porous instrument is contacted with blood or body fluid, it must be immediately cleaned and disinfected using an EPA-registered hospital grade disinfectant, a tuberculocidal disinfectant in accordance with the manufacturer's instructions, or totally immersed in a blood and body fluid cleanup and disinfection chlorine bleach solution for 5 minutes.(d) If any porous instrument contacts blood or body fluid, it must be immediately double-bagged and discarded in a closed trash container or biohazard box.", "sourceNote": "Source Note: The provisions of this §83.111 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211608", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.112", "label": "Health and Safety Standards--Prohibited Products or Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211564", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Practitioners may not use any of the following substances or products in performing barbering or cosmetology services:(1) Methyl Methacrylate Liquid Monomers, (MMA).(2) Razor-type callus shavers designed and intended to cut growths of skin such as corns and calluses, e.g., credo blades.(3) Alum or other astringents in stick or lump form. (Alum or other astringents in powder or liquid form are acceptable.)(4) Fumigants such as formalin (formaldehyde) tablets or liquids.(b) Possession on licensed premises of any item listed in this section is a violation under this chapter.(c) The use of any product, preparation or procedure that comes into contact with or penetrates the dermis layer of the skin is prohibited.", "sourceNote": "Source Note: The provisions of this §83.112 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211564", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.113", "label": "Health and Safety Standards--FDA" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211565", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Practitioners may not use any product in providing a service authorized under the Act that is banned or deemed to be poisonous or unsafe by the United States Food and Drug Administration (FDA) or other local, state, or federal governmental agencies responsible for making such determinations.(b) Possession or storage on licensed premises of any item banned or deemed to be poisonous or unsafe by the FDA or other governmental agency will be considered prima facie evidence of its use.(c) For the purpose of performing services authorized under the Act, no practitioner may buy, sell, use, or apply to any person liquid monomeric methyl methacrylate (MMA).", "sourceNote": "Source Note: The provisions of this §83.113 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211565", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.114", "label": "Health and Safety Standards--Establishments and Schools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211566", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Establishments and schools must keep the floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair. Any cracks, holes, or other similar disrepair not readily accessible for cleaning must be repaired or filled in to create a smooth, washable surface.(b) All floors in areas where services under the Act are performed, including restrooms and areas where chemicals are mixed or where water may splash, must be of a material which is not porous or absorbent and is easily washable, except that anti-slip applications or plastic floor coverings may be used for safety reasons. Carpet is permitted in all other areas.(c) Plumbing fixtures, including toilets and wash basins, must be kept clean. They must be free from cracks and similar disrepair that cannot be readily accessible for cleaning.(d) Each establishment and school must have suitable plumbing that provides an adequate and readily available supply of hot and cold running water at all times and that is connected for drainage of sewage and potable water within the areas where work is performed and supplies dispensed.(e) Every establishment and school must provide at least one restroom located on or near the licensed premises. For public safety, chemical supplies may not be stored in the restroom.(f) Food or beverages may not be prepared on licensed premises for sale. Pre-packaged food or beverages may be sold to or consumed by clients.(g) For public health and safety, licensed premises must eliminate any strong odors through adequate ventilation, including but not limited to, exhaust fans and air filtration to exhaust chemicals and fumes away from the public area and to provide for the input of fresh air.(h) Licensed premises may not be utilized for living or sleeping purposes, or any other purpose that would tend to make the premises unsanitary, unsafe, or endanger the health and safety of the public. An establishment or school that is attached to a residence must have an entrance that is separate and distinct from the residential entrance. Any door between a residence and a licensed facility must be closed during business hours.(i) Only service animals are allowed in establishments and schools. Covered aquariums are allowed provided that they are maintained in a sanitary condition.", "sourceNote": "Source Note: The provisions of this §83.114 adopted to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective January 1, 2016, 40 TexReg 8759; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211566", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.115", "label": "Health and Safety Standards--Eyelash Extension Application Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225884", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A practitioner offering the eyelash extension application service must wash the practitioner's hands with soap and water prior to performing any services on a client.(b) Equipment, implements, and materials must be properly cleaned and disinfected prior to providing services.(c) Chairs and beds, including headrests, must be cleaned and disinfected after providing services to each client. The chair and beds must be made of or covered in a non-porous material that can be disinfected.(d) After each client, the following implements must be cleaned and disinfected: tweezers, nasal aspirator or electric eyelash dryer and other items used for a similar purpose.(e) The following implements are single-use items and must be discarded in a trash receptacle after use: disposable gloves, tissues, disposable wipes, fabric strips, surgical tape, eye pads, extensions, cotton swabs, face mask, brushes, extension pads and other items used for a similar purpose.(f) The following items that are used during services must be replaced with clean items for each client: disposable and terry cloth towels, hair caps, headbands, brushes, gowns, spatulas that contact skin or products from multi-use containers.(g) A practitioner must use only properly labeled semi-permanent glue and semi-permanent glue remover that must be used according to the manufacturer's instructions.(h) Extensions must be stored in a sealed bag or covered container and must be kept in a clean dry, debris-free storage area.", "sourceNote": "Source Note: The provisions of this §83.115 adopted to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2023, 47 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225884", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "83", "label": "BARBERS AND COSMETOLOGISTS" }, "rule": { "number": "§83.202", "label": "Technical Requirements--Curriculum Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213639", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The cosmetology operator and class A barber curricula consist of 1,000 clock hours or equivalent credit hours, as follows:(1) Core hours. Theory and related practice: anatomy and physiology; diseases and disorders of the skin, scalp, hair and nails; chemistry (haircoloring, chemical waving, and relaxing); bacteriology, sterilization and sanitation, health, safety, first aid, laws and rules; tools and equipment; hair care and related theory; business skills and establishment management; skin care and related theory; hair removal; nail care and related theory; electricity; haircutting; hairstyling; hair and scalp treatments, scalp massage; hairweaving, extensions; chemical textures and applications; face and neck massage and treatments; facial hair removal; manicuring; waxing and removing body hair; customer service and professional ethics; makeup; pedicuring; artificial nails. 700 hours.(2) The standards for the cosmetology operator curriculum must include Specialty Practice and related theory: eyelash semi-permanent extensions; advanced hair care and advanced chemical services; and related practices, including sanitation, health, and safety. 300 hours.(3) The standards for the class A barber curriculum must include Specialty Practice and related theory: shaving with any razor type and razor techniques; mustache and beard care; advanced hair care and men's haircutting; and related practices, including sanitation, health, and safety. 300 hours.(4) A school may enroll a student simultaneously in both the cosmetology operator course and the class A barber course if the student seeks to obtain both license types. The student must complete all the requirements under subsections (a)(1) through (a)(3) to obtain both license types.(b) A person holding the class A barber license who seeks to also obtain the cosmetology operator license must complete the requirements described under subsection (a)(2).(c) A person holding the cosmetology operator license who seeks to also obtain the class A barber license must complete the requirements described under subsection (a)(3).(d) Specialist Curricula.(1) The esthetician curriculum consists of 750 clock hours or equivalent credit hours, as follows:(A) Theory and related practice: anatomy and physiology; skin diseases and disorders; skin analysis; machines and related equipment; basic facials; chemistry; care of client; superfluous hair removal and related theory; laws and rules; business management; facial treatments, cleansing, masking, and therapy; superfluous hair removal; sanitation, first aid, health and safety; makeup. 450 hours.(B) Specialty Practice and related theory: advanced facial treatments and superfluous hair removal using devices or preparations; makeup; semi-permanent eyelash extension applications; and related practices. 300 hours.(2) The manicurist curriculum consists of 600 clock hours or equivalent credit hours, as follows:(A) Theory and related practice: anatomy and physiology; nail structure and growth; equipment and implements; bacteriology, sanitation, health, and safety; hazardous chemicals and ventilation; basic manicures and pedicures; business management; laws and rules; nail and skin diseases and disorders; artificial nails; product chemistry; repair work, massage, buffing and application of polish and artificial nails; cosmetic fingernails, extensions, sculptured nails, tips, wraps, fiberglass/gels and odorless products; basic manicuring and pedicuring; nail art; electric filing. 300 hours.(B) Specialty Practice and related theory: professional practices; advanced manicuring and pedicuring; advanced techniques, preparations and applications. 300 hours.(3) The manicurist/esthetician curriculum consists of 800 clock hours or equivalent credit hours, as follows:(A) Theory and related practice: anatomy and physiology; machines and related equipment; chemistry; care of client; basic facials; superfluous hair removal and related theory; nail structure and growth; equipment and implements; hazardous chemicals and ventilation; basic manicures and pedicures; business management; bacteriology, sanitation, health, and safety; laws and rules. 200 hours.(B) Specialty Manicure Practice and related theory: repair work, massage, buffing and application of polish and artificial nails; cosmetic fingernails, extensions, sculptured nails, tips, wraps, fiberglass/gels and odorless products; professional practices, techniques and preparations; sanitation, first aid, health and safety. 300 hours.(C) Specialty Esthetician Practice and related theory: facial treatments, cleansing, masking, and therapy; superfluous hair removal; devices or preparations; makeup; semi-permanent eyelash extension applications; sanitation, first aid, health and safety. 300 hours.(4) The eyelash extension specialist curriculum consists of 320 clock hours or equivalent credit hours, as follows:(A) Theory and related practice: eye shapes and eyelash growth; supplies and related equipment; contagious diseases and adverse reactions; sanitation, first aid, health and safety; client protection; business management, laws and rules. 80 hours.(B) Specialty Practice and related theory: Semi-permanent eyelash extension isolation, separation and application. 240 hours.(5) The hair weaving specialist curriculum consists of 300 clock hours or equivalent credit hours, as follows:(A) Theory and related practice: basic hair weaving; anatomy and physiology; scalp and skin conditions, lesions and diseases; structure and composition; sterilization methods; chemistry and client protection; sanitation, health and safety; business management, laws and rules. 75 hours.(B) Specialty Practice and related theory: hair weaving, repair, weft removal, sizing and finishing; procedures and hair weaving/braiding skills; compounds, mixtures and cosmetic applications; equipment, supplies and preparations. 225 hours.(6) The hair weaving specialist/esthetician curriculum consists of 800 clock hours or equivalent credit hours, as follows:(A) Theory and related practice: anatomy and physiology; scalp and skin conditions, lesions and diseases; structure and composition; basic hair weaving; sterilization methods; chemistry and client protection; basic facials; machines and related equipment; chemistry; care of client; superfluous hair removal and related theory; laws and rules; sanitation, health, and safety. 200 hours.(B) Specialty Hair Weaving Practice and related theory: hair weaving, repair, weft removal, sizing and finishing; procedures and hair weaving/braiding skills; compounds, mixtures and cosmetic applications; equipment, supplies and preparations; sanitation, health, and safety. 260 hours.(C) Specialty Esthetician Practice and related theory: facial treatments, cleansing, masking, and therapy; chemistry machines and related equipment; superfluous hair removal; devices or preparations; makeup; semi-permanent eyelash extension applications; sanitation, first aid, health and safety. 340 hours.(e) Distance Education.(1) Schools offering distance education may not designate more than 50% of the total hours in each course as theory hours delivered via distance education.(2) A student may obtain the following distance education hours:(A) a maximum of 500 hours out of the 1,000 hour cosmetology operator course;(B) a maximum of 500 hours out of the 1,000 hour class A barber course;(C) a maximum of 150 hours out of the 300 hour class A barber to cosmetology operator course;(D) a maximum of 150 hours out of the 300 hour cosmetology operator to class A barber course;(E) maximum of 300 hours out of the 600 hour manicurist course;(F) a maximum of 375 hours out of the 750 hour esthetician course;(G) a maximum of 400 hours out of the 800 hour manicurist/esthetician course;(H) a maximum of 160 hours out of the 320 hour eyelash extension specialist course;(I) a maximum of 150 hours out of the 300 hour hair weaving specialist course; and(J) a maximum of 400 hours out of the 800 hour hair weaving specialist/esthetician course.(f) Field Trips.(1) Barbering and cosmetology related field trips are permitted under the following conditions for students enrolled in the following courses. The guidelines under this subsection must be strictly followed.(2) A student may obtain the following field trip hours:(A) a maximum of 100 hours out of the 1,000 hour cosmetology operator course;(B) a maximum of 100 hours out of the 1,000 hour class A barber course;(C) a maximum of 60 hours for the manicurist course;(D) a maximum of 75 hours for the esthetician course;(E) a maximum of 80 hours for the manicurist/esthetician course;(F) a maximum of 32 hours for the eyelash extension specialist course;(G) a maximum of 30 hours for the hair weaving specialist course; and(H) a maximum of 70 hours for the hair weaving specialist/esthetician course.(3) Students must be under the supervision of an instructor from the school where the student is enrolled at all times during the field trip. The instructor-student ratio required in a school is required on a field trip.(4) Complete documentation is required, including student names, instructor names, activity, location, date, and duration of the activity.(5) No hours are allowed for travel.(6) Prior department approval is not required.(g) The department may allow students previously enrolled in a 1,200-hour manicurist/esthetician program to transfer completed hours to an 800-hour manicurist/esthetician program if the hours meet the required technical standards. Upon request of a student, a school must apply completed hours toward a department-approved 800-hour manicurist/esthetician program if the school has such a program, or allow the student to transfer to another school.", "sourceNote": "Source Note: The provisions of this §83.202 adopted to be\r\neffective January 1, 2023, 47 TexReg 8640; amended to be effective\r\nAugust 15, 2025, 50 TexReg 5204." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213639", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§84.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222438", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under Texas Occupations Code, Chapter 51; Texas Education Code, Chapters 29 and 1001; and Texas Transportation Code, Chapter 521.", "sourceNote": "Source Note: The provisions of this §84.1 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2020, 45 TexReg 6069; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222438", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§84.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222439", "queryAsDate": "03/11/2026" }, "ruleBody": "Words and terms defined in the Code have the same meaning when used in this chapter. The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise.(1) ADE-1317--The driver education certificate of completion confirming student completion of a department-approved driver education course exclusively for adults.(2) Advertising--Any affirmative act, whether written or oral, designed to call public attention to a driver training provider or course to evoke a desire to patronize that driver training provider or course. This includes meta tags and search engines.(3) Behind-the-wheel instruction--Driving instruction of a licensed student driver conducted with a TDLR licensed instructor, or authorized parent or individual pursuant to Texas Education Code §1001.112.(4) Branch location--A licensed in-person driver education provider that has the same ownership and name as a licensed primary in-person driver education provider but has a different physical address from the primary provider.(5) Code--Refers to Texas Education Code, Chapter 1001.(6) Contract site--An accredited public or private secondary, or postsecondary school approved as a location for a driver education course of a licensed driver education provider.(7) DE-964--The driver education certificate of completion confirming completion of an approved minor and adult driver education course.(8) Education Service Center (ESC)--A public school district service organization of the Texas Education Agency governed by Texas Education Code, Chapter Eight.(9) Endorsement--The method by which a driver education course is delivered to the student, whether in-person, online or parent-taught.(10) In-car instruction--Refers to observation instruction and behind-the-wheel instruction.(11) Instructional Hour (also known as \"Clock Hour\"):(A) Driver Education Provider Instructional Hour--55 minutes of instruction time in a 60-minute period for a driver education course. This includes classroom and in-car instruction time.(B) Driving Safety Provider Instructional Hour--50 minutes of instruction in a 60-minute period for a driving safety course.(12) Personal validation question--A question designed to establish the identity of the student by requiring an answer related to personal information such as a driver's license number, address, date of birth, or other similar information that is unique to the student.(13) Primary driver education provider--The main business location for a licensed in-person driver education provider.(14) Public or private school--A public or private secondary school accredited by the Texas Education Agency.(15) Registered agent--An individual Texas resident or an organization on whom may be served process, notice, or demand required or permitted by law to be served on a filing entity, domestic or foreign. Registered agents must be designated and maintained in accordance with Texas Business Organizations Code, Chapter Five.(16) Relevant driver training entity--Refers to a licensed driver education provider, exempt driver education school, public or private school, education service center, college, or university.(17) Supervised practice--Driving instruction of a licensed student driver conducted with a TDLR licensed instructor, or in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2), or authorized parent or individual pursuant to Texas Education Code §1001.112.(18) Uniform certificate of course completion--A document with a serial number purchased from the department that is printed, administered, and supplied by driving safety providers for issuance to students confirming completion of an approved driving safety course, and that meets the requirements of Texas Transportation Code, Chapter 543, and Texas Code of Criminal Procedure, Article 45.051 or 45.0511. This term encompasses all parts of an original or duplicate uniform certificate of course completion.(19) Validation question--A question designed to establish the student's participation in a course or program and comprehension of the materials by requiring the student to answer a question regarding a fact or concept taught in the course or program.", "sourceNote": "Source Note: The provisions of this §84.2 adopted to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222439", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§84.3", "label": "Materials Adopted by Reference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219401", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The minimum requirements for course content, classroom instruction, in-car, simulation, and range training required by this chapter for a minor and adult driver education course are the standards established in the Program of Organized Instruction in Driver Education and Traffic Safety (POI-DE), December 2024 Edition, created and distributed by the department, which is adopted into these rules by reference.(b) The minimum requirements for course content and instruction for a driver education course exclusively for adults are the standards established in the Program of Organized Instruction in Driver Education and Traffic Safety Exclusively for Adults Six-Hour Course (POI-Adult Six-Hour), December 2024 Edition, created and distributed by the department, which is adopted into these rules by reference.(c) The minimum requirements for course content and instruction for a driving safety course are the standards established in the Course of Organized Instruction for Driving Safety, (COI-Driving Safety), December 2024 Edition, created and distributed by the department, which is adopted into these rules by reference.", "sourceNote": "Source Note: The provisions of this §84.3 adopted to be effective September 1, 2021, 46 TexReg 5394; amended to be effective May 1, 2022, 47 TexReg 2522; amended to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219401", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "B", "label": "DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE" }, "rule": { "number": "§84.30", "label": "Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213643", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory committee consists of nine members appointed for staggered six-year terms by the presiding officer of the commission, with the approval of the commission, as follows:(1) three driver education providers;(2) three driving safety providers;(3) one driver education instructor;(4) the division head of the Department of Public Safety driver license division or the division head's designee; and(5) one member of the public.", "sourceNote": "Source Note: The provisions of this §84.30 adopted to be effective June 1, 2023, 48 TexReg 2702; amended to be effective July 1, 2024, 49 TexReg 4586." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213643", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "B", "label": "DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE" }, "rule": { "number": "§84.31", "label": "Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213644", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory committee shall provide advice and recommendations to the department on rules, educational and technical matters relevant to the administration of the Code and this chapter.", "sourceNote": "Source Note: The provisions of this §84.31 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213644", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "B", "label": "DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE" }, "rule": { "number": "§84.32", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213645", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A member may not serve two consecutive full terms.(b) If a vacancy occurs during a term, the presiding officer of the commission, with the approval of the commission, must appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term.(c) A member of the advisory committee may be removed from the advisory committee as provided by Texas Occupations Code §51.209.(d) Members of the advisory committee may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory committee, subject to the General Appropriations Act.", "sourceNote": "Source Note: The provisions of this §84.32 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213645", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "B", "label": "DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE" }, "rule": { "number": "§84.33", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222440", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission must appoint the presiding officer of the advisory committee.(b) The presiding officer of the advisory committee may vote on any matter before the advisory committee.", "sourceNote": "Source Note: The provisions of this §84.33 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222440", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "C", "label": "DRIVER EDUCATION SCHOOLS AND INSTRUCTORS" }, "rule": { "number": "§84.40", "label": "Driver Education Provider Licensure Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213647", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. An application for licensure as a driver education provider must be made on forms prescribed by the department and be accompanied by the appropriate fees. An application for a branch driver education provider license must not have the same physical address as the primary provider. A license application is valid for one year from the date it is filed with the department.(b) Bond requirements. In the case of an original or a change of owner application, an original bond must be provided. In the case of a renewal application, an original bond or a continuation agreement for the approved bond currently on file must be submitted. The bond or the continuation agreement must be executed on the form provided by the department.(c) Verification of driver education provider ownership. In the case of an original or change of owner application for a driver education provider, the owner must provide verification of ownership to the department.(d) Change of ownership of a driver education provider. A change of ownership occurs when there is a change in the control of the provider. The control of a provider is considered to have changed:(1) in the case of ownership by an individual, when more than 50 percent of the provider has been sold or transferred;(2) in the case of ownership by a partnership or a corporation, when more than 50 percent of the provider, or of the owning partnership or corporation has been sold or transferred; or(3) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the provider.(e) Purchase of a driver education provider.(1) A person who purchases a licensed driver education provider must obtain an original license or branch location license as applicable.(2) The purchaser must assume all refund liabilities incurred by any former owner as well as the liabilities, duties, and obligations under the enrollment contracts between the students and any former owner before the transfer of ownership.(f) New location or change of address.(1) The department must be notified in writing of any change of address at least fifteen (15) working days before the move.(2) The driver education provider must submit the appropriate change of address fee prior to the actual move.(3) If a student is not willing or able to change locations, a pro-rata refund (without deducting any administrative expense) must be made to the student.(g) Renewal of driver education provider license. An application for the renewal of a license for a driver education provider must be submitted before the expiration of the license and include the following:(1) the renewal fee;(2) a current list of instructors at the school, if applicable; and(3) an executed bond or executed continuation agreement for the bond, currently approved by and on file with the department.(h) Denial, revocation, or conditional license. The authority to operate a branch location ceases if a primary driver education provider license is denied or revoked. The operation of a branch location license may be subject to any conditions placed on the continued operation of the primary driver education provider. A driver education provider license for a branch location may be denied, revoked, or conditioned separately from the license for the primary location.(i) Driver education provider closure.(1) The driver education provider owner must notify the department at least fifteen (15) working days before the anticipated provider closure. In addition, the driver education provider owner must provide written notice of the actual discontinuance of the operation on the day of cessation of classes. A driver education provider must make all records available for review to the department upon department request.(2) The department may declare a driver education provider to be closed:(A) when the provider no longer has the facilities, vehicles, instructors, or equipment to provide training pursuant to this chapter;(B) when the provider has stopped delivering instruction and training in driver education and has failed to fulfill contractual obligations to its students;(C) when the provider informs the department in writing of its intention to no longer deliver instruction or training in driver education and returns all unissued driver education certificates or certificate numbers; or(D) when the provider owner allows the license to expire.(3) If a branch location closes and a student is not willing or able to complete the training at the primary location, a pro-rata refund (without deducting any administrative expense) must be made to the student.(j) A driver education provider must not state or imply that a driver's license, permit, or DE-964 is guaranteed or assured to any student or individual who will take or complete any instruction, or enroll, or otherwise receive instruction from any driver education provider.(k) Contract site. An in-person driver education provider may conduct a course at a contract site, upon execution of a legal written agreement between the licensed driver education provider and an authorized representative for the contract site to provide driver education instruction. The course is subject to the same rules that apply to the licensed driver education provider, including inspections by department representatives. An on-site inspection is not required prior to use of the site. The written agreement is subject to the recordkeeping requirements under §84.81.", "sourceNote": "Source Note: The provisions of this §84.40 adopted to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213647", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "C", "label": "DRIVER EDUCATION SCHOOLS AND INSTRUCTORS" }, "rule": { "number": "§84.41", "label": "Driver Education Provider Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213648", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each driver education provider must:(1) maintain a current mailing address, telephone number, and e-mail address (if applicable) with the department; and(2) provide or allow instruction to be provided only in courses that are currently on the provider's list of approved courses.(b) An in-person or online driver education provider must:(1) ensure that each person giving instruction with the provider has a valid driver education instructor license issued by the department;(2) issue a DE-964 or ADE-1317 certificate of completion only to a person who has successfully completed the entire portion of the course for which the DE-964 or ADE-1317 is being issued;(3) authorize or conduct instruction in a motor vehicle that meets the requirements stated in §84.42 (relating to Motor Vehicles); and(4) ensure that no driver education instructor provides more than 10 hours of behind-the-wheel instruction per day.(c) Each driver education provider that purchases driver education certificate numbers from the department must comply with the requirements stated in §84.43.(d) Driver education providers must be located in, or maintain a registered agent in, the state of Texas. A registered agent's address must not be used for a driver education provider's physical or mailing address.", "sourceNote": "Source Note: The provisions of this §84.41 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213648", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "C", "label": "DRIVER EDUCATION SCHOOLS AND INSTRUCTORS" }, "rule": { "number": "§84.42", "label": "Motor Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222441", "queryAsDate": "03/11/2026" }, "ruleBody": "All in-car instruction of students by driver education providers must be conducted in motor vehicles owned or leased by the owner of the driver education provider in the name of the driver education provider. If the student is disabled, the provider may use a motor vehicle that is equipped with special vehicle controls. All provider motor vehicles, except vehicles owned by a disabled student or a disabled student's parent, that are used to demonstrate or practice driving lessons must:(1) be properly registered and inspected as required by the Texas Department of Motor Vehicles;(2) be equipped with dual control brake pedals so that there is a foot brake located within easy reach of the instructor that can bring the vehicle to a stop, and otherwise be equipped in accordance with Texas motor vehicle laws;(3) be equipped with an extra inside rearview mirror on the instructor's side, which must not be a visor mirror; and(4) be insured by a company authorized to do business in Texas with a continuous liability business insurance policy in the amount specified in Transportation Code, Chapter 601, and include coverage for uninsured or underinsured motorists.", "sourceNote": "Source Note: The provisions of this §84.42 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222441", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "C", "label": "DRIVER EDUCATION SCHOOLS AND INSTRUCTORS" }, "rule": { "number": "§84.43", "label": "Driver Education Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222442", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Relevant driver training entities.(1) A relevant driver training entity may request driver education certificates or certificate numbers by submitting an online department prescribed order form, stating the number of driver education certificates or certificate numbers to be purchased and include payment of all appropriate fees.(2) Relevant driver training entities must:(A) issue driver education certificates or certificate numbers only to students who have successfully completed the applicable portion of the approved driver education course;(B) issue driver education certificates or certificate numbers in serial number order as purchased from the department;(C) indicate the serial number of the original driver education certificate or certificate number on such certificate or certificate number and any issued duplicate, if necessary;(D) not use an ADE-1317 driver education certificate or certificate number to replace a DE-964 driver education certificate or certificate number;(E) not transfer unassigned or blank driver education certificates or certificate numbers at any time;(F) maintain effective protective measures to ensure the security of driver education certificates or certificate numbers to prevent the unauthorized production or misuse of the certificates, and for the recovery of lost data (electronic or otherwise) for such certificates or certificate numbers;(G) maintain reconciliation records of all purchased, issued, unissued or unassigned driver education certificates or certificate numbers in ascending serial number order, and ensure security and recovery of the reconciliation record data;(H) make all records available for review by representatives of the department upon request;(I) return unissued driver education certificates or certificate numbers to the department within thirty (30) calendar days from the date of the discontinuance of the driver education program, unless otherwise notified by the department;(J) report to the department all unaccounted driver education certificates or certificate numbers within fifteen (15) working days of the discovery of the incident;(K) conduct an investigation to determine the circumstances surrounding their unaccounted driver education certificates and report the investigation findings, including preventative measures for recurrence, to the department within thirty (30) calendar days of the discovery;(L) develop and maintain effective policies and processes to ensure constant privacy, security, and integrity of confidential student information, personal and financial, and make the privacy policy available to all students; and(M) ensure that the front of each driver education certificate contains the department's complaint contact information and current department telephone number in a font that is visibly recognizable.(3) Each unaccounted original or duplicate driver education certificate or certificate number (whether lost, stolen, blank, or unissued) may be considered a separate violation.(4) The right to receive driver education certificates may be immediately suspended for a period determined by the department if:(A) a department investigation is in progress and the department has reasonable cause to believe the certificates have been misused or abused or that adequate security was not provided; or(B) the relevant driver training entity or its designee fails to provide information on records requested by the department, or fails, post-audit, to update curriculum based on changes in department rules or applicable law within the required time.(5) The driver education certificate is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the driver education certificate may result in suspension or revocation of instructor and/or provider credentials or program approval and/or criminal prosecution.(b) Driver education provider responsibilities.(1) Driver education certificates or certificate numbers must only be ordered by driver education providers. The primary driver education provider must order all driver education certificates and certificate numbers for its branch locations.(2) A driver education provider must issue the \"For Learner License Only\" portion of the DE-964 certificate to the student upon successful completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.(3) A driver education provider must issue the \"For Driver License Only\" portion of the DE-964 certificate to the student upon successful completion of the driver education course.(4) The exception to paragraphs (2) and (3) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.(5) The DPS copy of a driver education certificate must contain the original signature of the driver education instructor, or the designated parent-taught driver education instructor as applicable. The name of the driver education provider owner or its designee may be written, stamped, or typed.(c) Public or Private Schools, Education Service Centers, Colleges, or Universities responsibilities.(1) The driver education certificates must be issued to the superintendent, college, or university chief school official, ESC director, or their designee responsible for managing the certificates for the school. This does not remove the superintendent, college, or university chief school official, or ESC director from obligations pursuant to this subchapter to oversee the program.(2) The department will accept purchase requisitions from school districts.(3) Each superintendent, college, or university chief school official, ESC director, or their designee must ensure that the policies concerning driver education certificates are followed by all individuals who have responsibility for the certificates.(4) The superintendent, college, or university chief school official, ESC director, or their designee must ensure that employees issue a driver education certificate only to a person who has successfully completed the entire portion of the course for which the driver education certificate is being used.(A) The \"For Learner License Only\" portion of the driver education certificate must be issued to the student upon completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.(B) The \"For Driver License Only\" portion of the driver education certificate must be issued to the student upon completion of the driver education program.(C) The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.(5) The DPS copy of a driver education certificate must contain the original signature of the driver education instructor. The name of the superintendent, college, or university chief school official, ESC director, or their designee may be written, stamped, typed, or omitted.(6) The superintendent, college, or university chief school official, ESC director, or their designee must complete the affidavit on the driver education certificate if the licensed instructor has left the driver education program, become seriously ill or deceased.", "sourceNote": "Source Note: The provisions of this §84.43 adopted to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222442", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "C", "label": "DRIVER EDUCATION SCHOOLS AND INSTRUCTORS" }, "rule": { "number": "§84.44", "label": "Driver Education Instructor License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213651", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for licensure as a driver education instructor must be made on forms prescribed by the department and be accompanied by the appropriate fees. A license application is valid for one year from the date it is filed with the department. A person applying for an original driver education instructor license must:(1) hold a valid class A, B, C, or CDL driver's license, other than a learner license or provisional license, for the preceding three years, that has not been revoked or suspended in the preceding three years;(2) submit a completed application with non-refundable application fee as prescribed by the department;(3) submit the instructor licensing fees;(4) submit a national criminal history record information review fee; and(5) provide fingerprints to the Texas Department of Public Safety (DPS) through the IdentoGo Fingerprint Service or any other method required by the DPS.(b) A driver education instructor may perform instruction and administration of the classroom and in-car phases of driver education, as prescribed in the POI-DE, and the classroom phase of the POI-Adult Six-Hour.(c) An application for renewal of a driver education instructor license must be submitted on forms prescribed by the department. A complete renewal application must include the following:(1) the renewal fee;(2) provide a valid driver license record that meets the requirements stated in §84.44(a)(1); and(3) if selected for audit, proof of successful completion of at least two hours of continuing education credit during the license renewal period relating to driver education, driving safety, and instructional techniques.(d) The department will employ an audit system for reporting completion of continuing education. The licensee is responsible for maintaining a record of the licensee's continuing education experiences. The certificates, transcripts, or other documentation verifying the completion of continuing education hours must not be forwarded to the department at the time of renewal unless the department has selected the licensee for audit.(e) The audit process for continuing education will be as follows:(1) The department will select for audit a random sample of licensees for each renewal period. Licensees will be notified of the continuing education audit when they receive their renewal documentation.(2) If selected for an audit, the licensee must submit copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the licensee's attendance, participation, and completion of the continuing education. All documentation must be provided at the time of the renewal.(3) Failure to timely furnish documentation or providing false information during the audit process or renewal process are grounds for disciplinary action against the licensee.(f) An applicant for a driver education instructor license or its renewal must pass a criminal history background check.", "sourceNote": "Source Note: The provisions of this §84.44 adopted to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213651", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "C", "label": "DRIVER EDUCATION SCHOOLS AND INSTRUCTORS" }, "rule": { "number": "§84.45", "label": "Student Progress" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222443", "queryAsDate": "03/11/2026" }, "ruleBody": "Appropriate standards must be implemented to ascertain the progress of the students.(1) Progress standards must meet the requirements of the POI-DE approved by the department.(2) The driver education instructor must certify that each student successfully mastered all course content before the student is awarded a driver education certificate for completion of a driver education program.", "sourceNote": "Source Note: The provisions of this §84.45 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222443", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "C", "label": "DRIVER EDUCATION SCHOOLS AND INSTRUCTORS" }, "rule": { "number": "§84.46", "label": "Attendance and Makeup" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213653", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Written or electronic records of student attendance must be prepared daily to document the attendance and absence of the students. A student must make up any time missed. Electronic signatures must comply with Texas Business and Commerce Code, Chapter 322.(b) Driver education training offered by the provider must not exceed six hours per day. In-person driver education providers may include five minutes of break per instructional hour as identified in §84.500 (relating to Courses of Instruction for Driver Education Providers. In-car instruction provided by the provider must not exceed four hours per day as follows:(1) four hours or less of in-car training; however, behind-the-wheel instruction must not exceed two hours per day; or(2) four hours or less of simulation instruction; or(3) four hours or less of multicar range instruction; or(4) any combination of the methods delineated in this subsection that does not exceed four hours per day.(c) A student must complete the hours of instruction for the required classroom and in-car phases of the minor or adult driver education course, including any makeup lessons, within the timeline specified in the original student enrollment contract.(d) Amendments to the timelines for completion of the driver education instruction stated in the original student enrollment contract may be made at the discretion of the provider owner and must be agreed to in writing by the parent or guardian.", "sourceNote": "Source Note: The provisions of this §84.46 adopted to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213653", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "C", "label": "DRIVER EDUCATION SCHOOLS AND INSTRUCTORS" }, "rule": { "number": "§84.47", "label": "Student Conduct Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213654", "queryAsDate": "03/11/2026" }, "ruleBody": "A statement regarding the following must be provided to the parent or guardian signing the contract:(1) conditions for dismissal; and(2) conditions for reentry of students.", "sourceNote": "Source Note: The provisions of this §84.47 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213654", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "C", "label": "DRIVER EDUCATION SCHOOLS AND INSTRUCTORS" }, "rule": { "number": "§84.48", "label": "Accommodations for Deaf or Hard of Hearing Students" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222444", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Consistent with the requirements of the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a Driver Education Provider must make reasonable accommodations and provide aids and services when, providing the classroom portion of a driver education course, that are necessary to ensure that a student who is deaf or hard of hearing may fully participate in the course.(b) As part of the original or renewal application to obtain a driver education provider license, the applicant must provide the provider's plan for complying with §84.48(a).(c) A provider will be in compliance with §84.48, if the provider utilizes the department's online driver education course described in §1001.059 of the Code.", "sourceNote": "Source Note: The provisions of this §84.48 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222444", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "D", "label": "PARENT-TAUGHT DRIVER EDUCATION" }, "rule": { "number": "§84.50", "label": "Parent-Taught Driver Education Program Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222445", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to teaching a department-approved parent-taught driver education course, a parent or other individual authorized under §1001.112 of the Code, must submit a completed request for Parent-Taught Driver Education Instructor Designation Service Application with a non-refundable fee to the department.(b) After receiving the Parent-Taught Driver Education Instructor Designation Service Application, the instructor must obtain one of the department approved parent-taught driver education courses to fulfill program requirements.(c) The parent-taught driver education provider must provide the appropriate portion of a control-numbered DE-964 to a person who has completed the objectives found in Module One: Traffic Laws of the POI-DE, or who has successfully completed the entire portion of the course for which the DE-964 is being issued.(d) The program includes both classroom and in-car instruction phases. Instruction is limited to six hours per day, including not more than two hours of behind-the-wheel instruction per day.(e) The parent, or other individual authorized under §1001.112 of the Code, may teach both instruction phases, or utilize a licensed driver education provider, or public driver education school for either phase.(f) The fourteen (14) hours of in-car instruction must be taught under one program: either parent-taught, or a licensed driver education provider, or public driver education school. All previous driver education hours must be repeated if the method of instruction changes prior to completion of either phase.(g) The remaining hours of classroom following Module One: Traffic Laws of the POI-DE, must be taught under one program, either parent-taught, a licensed driver education provider, or public driver education school.(h) The additional thirty (30) hours of behind-the-wheel supervised practice must be completed in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).(i) A student may apply to the Department of Public Safety for a learner license after completion of the objectives found in Module One: Traffic Laws of the POI-DE.(j) Behind-the-wheel parent-taught driver education instruction may be conducted in any vehicle that is legally operated with a Class C driver license.(k) Behind-the-wheel parent-taught driver education instruction and supervised practice may begin after the student receives a learner license. The required curriculum that must be followed includes:(1) a minimum of 44 hours that consists of: seven hours behind-the-wheel instruction in the presence of a parent or other individual authorized under §1001.112 of the Code;(2) seven hours of in-car observation in the presence of a parent or other individual authorized under §1001.112 of the Code; and(3) 30 hours of behind-the-wheel supervised practice, including at least 10 hours at night, certified by a parent or guardian who meets the requirements of Texas Transportation Code, §521.222(d)(2). The 30 hours of behind-the-wheel supervised practice must be endorsed by a parent or legal guardian if the student is a minor.", "sourceNote": "Source Note: The provisions of this §84.50 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2020, 45 TexReg 1698; amended to be effective September 1, 2021, 46 TeReg 5394; amended to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222445", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "D", "label": "PARENT-TAUGHT DRIVER EDUCATION" }, "rule": { "number": "§84.51", "label": "Submission of Parent-Taught Course for Department Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222446", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the curriculum and all materials meet or exceed the applicable minimum standards set forth in the Code, the department will approve the course. No more than 720 minutes of the required hours of classroom instruction delivered via multimedia may be counted.(b) Notification of approval or denial will be sent to the requesting entity. Deficiencies will be noted in cases of denial. Any substantive change in course curriculum or materials must be consistent with applicable law, department rules and the POI-DE.(c) The department will retain submitted materials according to the department's retention schedule.(d) Course identification. All parent-taught courses must display the parent-taught provider name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.(e) A parent-taught driver education provider may accept students redirected from a website if the student is redirected to a webpage that clearly identifies the parent-taught provider and license number offering the course. This information must be visible before and during the student registration and course payment processes.", "sourceNote": "Source Note: The provisions of this §84.51 adopted to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222446", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "D", "label": "PARENT-TAUGHT DRIVER EDUCATION" }, "rule": { "number": "§84.52", "label": "Revocation of Department Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222447", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A parent-taught driver education provider may be revoked upon finding that the course does not meet the standards required under §1001.112 or §1001.2043(a) of the Code.(b) Prior to revocation, the department will allow the parent-taught driver education provider ninety (90) days from the date of notification the opportunity to correct the noted deficiencies in the curriculum.(c) Failure to adequately respond within the required time will result in revocation of the course.(d) If a parent-taught driver education course is revoked by the department, the entity must wait thirty (30) days before applying for a new Parent Taught Driver Education Provider license.", "sourceNote": "Source Note: The provisions of this §84.52 adopted to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222447", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "E", "label": "PROVIDERS" }, "rule": { "number": "§84.60", "label": "Driving Safety Provider License Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213659", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application for driving safety provider license. An application for a driving safety provider license must be made on forms prescribed by the department, and be accompanied by the appropriate fee. A license application is valid for one year from the date it is filed with the department.(b) Bond requirements for providers. In the case of an original or a change of owner application, an original bond must be provided in the amount of $10,000. In the case of a renewal application, an original bond or a continuation agreement for the approved bond currently on file shall be submitted. The bond or the continuation agreement must be executed on the form prescribed by the department.(c) Provider license. The provider license must indicate the name of the driving safety course for which approval is granted exactly as stated in the application for the course approval.(d) Verification of ownership for driving safety provider. In the case of an original or change of owner application for a driving safety provider, the provider owner must provide verification of ownership.(e) Purchase of driving safety provider. A person or persons purchasing a licensed driving safety provider must obtain an original license and bond. The contract or any instrument transferring the ownership of the driving safety provider must include the following statements:(1) The purchaser must assume all refund liabilities incurred by the seller or any former owner before the transfer of ownership; and(2) The purchaser must assume the liabilities, duties, and obligations under the enrollment contracts between the students and the seller, or any former owner.(f) New location. The department must be notified in writing of any change of address of a driving safety provider or its registered agent at least fifteen (15) working days before the move. The appropriate fee and all documents must also be submitted.(g) Renewal of driving safety provider license. A complete application for the renewal of a license for a driving safety provider must be submitted before the expiration of the license and must include the following:(1) a completed application for renewal;(2) an annual renewal fee; and(3) an executed bond or executed continuation agreement for the bond currently on file with the department.(h) Provider closure. A provider owner must notify the department of its closure date at least fifteen (15) working days before the closure. A provider must make all records and all used and unused uniform certificates of course completion and course completion certificate numbers available for review by the department upon request.", "sourceNote": "Source Note: The provisions of this §84.60 adopted to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213659", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "E", "label": "PROVIDERS" }, "rule": { "number": "§84.61", "label": "Driving Safety Provider Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222448", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Driving safety providers must be located, or maintain a registered agent, in the State of Texas. A registered agent's address must not be used for a driving safety provider's physical or mailing address.(b) Each provider must:(1) maintain a current mailing address with the department;(2) develop and maintain effective policies and processes to ensure constant privacy, security, and integrity of confidential student information, personal and financial, and make the privacy policy available to all students; and(3) make all records, including all used and unused uniform certificates of course completion and course completion certificate numbers, available for review by the department upon request.", "sourceNote": "Source Note: The provisions of this §84.61 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222448", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "E", "label": "PROVIDERS" }, "rule": { "number": "§84.63", "label": "Uniform Certificate of Course Completion for Driving Safety Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222449", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section, the term \"certificate\" refers to uniform certificates of course completion issued by the department to driving safety providers in paper format, and certificate numbers issued to driving safety providers for inclusion on department-approved driving safety course certificate completion forms.(b) Driving safety provider responsibilities. Providers are responsible for original and duplicate certificates in accordance with this subsection. Each driving safety provider must:(1) submit a plan for the electronic issuance of certificates for approval by the department prior to its implementation;(2) issue certificates that comply with the design specifications approved by the department;(3) develop and maintain a department-approved method for securing, issuing, and maintaining original and duplicate certificates that, to the greatest extent possible, prevents the unauthorized production or misuse of the certificates, and allows for the recovery of lost data (electronic or otherwise) for such certificates;(4) issue certificates only to students who have successfully completed all elements of the provider's approved driving safety course;(5) maintain secure files (electronic or otherwise) with data pertaining to all certificates purchased from the department, and must make available to the department, upon request, an ascending numerical accounting record of the numbered certificates issued;(6) issue all original and duplicate certificates using first-class or enhanced postage, equivalent commercial delivery method, or a department-approved electronic issuance method;(7) sequentially number original certificates from the block of numbers purchased from the department;(8) use certificates only for the course for which the certificates were ordered from the department;(9) implement and maintain methods for efficiently issuing original certificates so that issuance of duplicate certificates is kept at a minimal rate;(10) report all unaccounted original and duplicate certificates or unissued certificates or duplicates to the department within 15 working days of the discovery of the incident;(11) conduct an investigation to determine the circumstances surrounding the unaccounted items noted in paragraph (10), and submit a report of the findings of the investigation, including preventative measures for recurrence, to the department within thirty (30) days of the discovery; and(12) report original and duplicate certificate data, by secure electronic transmission, to the department within five (5) days of issuance using guidelines established and provided by the department. The issue date indicated on the certificate shall be the date the provider issues the certificate to the student.(c) Disposition of original or duplicate certificates.(1) The provider's records, including unissued or unnumbered original and duplicate certificates, must be available for review by representatives of the department.(2) A driver safety provider must not issue, transfer, or transmit an original or duplicate certificate bearing the serial number of a certificate or duplicate previously issued.(3) Each unaccounted, missing, blank, or unissued original or duplicate certificate may be considered a separate violation. This may include a lost, stolen, or otherwise unaccounted original or duplicate certificate.(4) When a duplicate certificate is issued by a provider, the duplicate certificate shall bear a serial number from the block of numbers purchased from the department by the provider. The duplicate certificate must clearly indicate the number of both the duplicate and the original serial number of the certificate being replaced.(5) Any item on a duplicate certificate that has different data than that shown on the original certificate must clearly indicate both the original data and the replacement data; for example, a change in the date of course completion must show the correct date and \"changed from XX,\" where \"XX\" is the date shown on the original certificate.(6) If the student requests a duplicate certificate within thirty (30) days of the date of issue of the original certificate because the original was not received, unusable, or was issued with errors due to no fault of the student, the provider must issue the duplicate at no cost to the student. Driving safety providers must include this information in the student enrollment contract.", "sourceNote": "Source Note: The provisions of this §84.63 adopted to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222449", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "G", "label": "GENERAL BUSINESS PRACTICES" }, "rule": { "number": "§84.80", "label": "Names and Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213662", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed driver training provider must not conduct business or advertise under a name that is not distinguishable from a name used by any other licensed driver training provider, or tax-supported educational establishment in this state, unless specifically approved in writing by the department.(b) Use of names other than the approved provider name may constitute a violation of this section.(c) Branch providers must conduct business using the same name as the primary driver education provider.(d) Any publicly posted advertisement from a license applicant subject to license approval by the department must include the following information:(1) A notice stating \"Driving School Coming Soon\"; and(2) Display a functioning phone number and email address for the provider within the advertisement.(e) An applicant applying for approval of a new provider license must not:(1) Enroll students or conduct classes in driver training prior to department approval of the license application;(2) Accept payments from prospective students; or(3) Publish advertisements including the provider name or upcoming class sessions.(f) A driver training provider must not advertise without including the provider name and license number as it appears on the provider license.(g) All advertisements of a multiple classroom location or alternative delivery method shall meet the requirements in subsections (a) - (f).", "sourceNote": "Source Note: The provisions of this §84.80 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2020, 45 TexReg 6069; amended to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213662", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "G", "label": "GENERAL BUSINESS PRACTICES" }, "rule": { "number": "§84.81", "label": "Recordkeeping Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213663", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A driver training provider must accurately complete all records and applications and furnish upon request any data pertaining to student enrollments and attendance, as well as records and necessary data required for licensure and to show compliance with the legal requirements for inspection or audit to authorized representatives of the department. The records must include timecards for driver education instructors and schedules that reflect the duties and instruction times for instructors that correlate to the times that are shown on timecards.(b) The driver training provider must retain all student records for at least three years. A driver training provider must maintain access to the records for the students who completed driver training at its licensed location within the last twelve (12) months. The driver training provider must maintain all other driver training records at a location accessible by the provider after twelve (12) months. Providers with no current enrollment may request approval from the department to transfer records to the primary provider or another licensed location.(c) A driver training provider must maintain a written or electronic daily record of attendance, including makeup sessions, if applicable, for all students enrolled with the provider.(d) Each driver training provider must retain a copy of the DE-964, ADE-1317, or uniform certificate of course completion for driving safety in the appropriate student files.(e) Each driver training provider must, upon request, furnish each individually contracted student a duplicate of his or her instruction record when all the courses contracted for are completed or the student otherwise ceases taking instruction at or with the provider, provided all financial obligations have been met by the student.(f) Driver Education Provider Student Records.(1) The individual student record form (classroom instruction) for all students must include the following:(A) the name, license number, and address of the provider;(B) the full name, full address, telephone number of the student, and date of birth;(C) the date instruction terminated, if applicable;(D) the date(s) of instruction;(E) each topic of instruction completed;(F) the grade earned for each unit, if applicable; and(G) the initials of each instructor providing the classroom instruction. The instructor's signature and license number shall appear at least once on the form.(2) The individual student record form (in-car instruction) must contain the following entries:(A) the full name, full address, telephone number of the student, and date of birth;(B) the date(s) of instruction;(C) each lesson of instruction;(D) the score earned for each lesson;(E) the driver or learner license number held by the student; and(F) the instructor's name and license number or instructor initials (if the instructor's name and license number appears at least one time on the record).(g) Each driver education provider must report certificate data in a manner and format prescribed by the Department within 15 calendar days after the certificate issuance for each phase. This includes the \"For Learner License Only\" portion of the Texas Driver Education Certificate and the \"For Driver License Only\" portion of the Texas Driver Education Certificate.(h) Driver education providers must not release student records that identify the student by name or address, or may lead to such identification, except:(1) to authorized representatives of the department;(2) to a peace officer;(3) under court order or subpoena; or(4) with written consent of both the student and at least one parent or legal guardian if the student is under 18 years of age.", "sourceNote": "Source Note: The provisions of this §84.81 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213663", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "G", "label": "GENERAL BUSINESS PRACTICES" }, "rule": { "number": "§84.82", "label": "Driver Training Provider Student Enrollment Contracts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213664", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A legal written or electronic student enrollment contract must be executed prior to the provider's receipt of any money. Electronic signatures shall comply with Texas Business and Commerce Code, Chapter 322.(b) All driver training provider student enrollment contracts must contain at least the following:(1) the student's legal name and, for driver safety courses, the student's driver license number;(2) the student's address, including city, state, and zip code;(3) the student's telephone number;(4) the student's date of birth;(5) the full legal name and license number of the primary driver education provider or the branch provider, or the driving safety provider, as applicable;(6) the specific driver training course to be taught;(7) the agreed total contract charges that itemize all tuition, fees, and other charges;(8) the terms of payment;(9) the number of classroom lessons;(10) the length of each lesson and course;(11) the provider's cancellation, termination, and refund policy;(12) a statement indicating the specific location, date, and time that classroom instruction is scheduled to begin; the date classroom instruction is scheduled to end; and the amount of time a student has to complete all classroom instruction, makeup assignments, and in-car instruction, if applicable;(13) the number of in-car lessons, if applicable;(14) the rate per classroom lesson;(15) the rate per in-car lesson, if applicable;(16) a statement that the provider maintains a business insurance policy for vehicles with coverage as required by Texas Transportation Code, Chapter 601, and uninsured or underinsured coverage, if applicable;(17) the signature of a representative for the provider; and(18) the student's signature or, if a driver education student is younger than 18, the printed name and signature of the parent or legal guardian. The signature of the parent or legal guardian is not required for an individual younger than 18 who is, or has been, married or emancipated by court order.(c) A copy of the enrollment contract must be delivered by the provider to the student, if 18 years of age or older, or to the parent or legal guardian that signed the contract.(d) A copy of each enrollment contract is a part of the student files maintained by all driver education providers.(e) Driver education courses exclusively for adults and driving safety providers may use a group contract that includes more than one student's name.(f) Driver training provider student enrollment contracts must contain the following notice for the student which states: Any grievances not resolved by the provider may be forwarded to the Texas Department of Licensing and Regulation, Driver Education and Safety, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 463-9468, or electronically to: https://www.tdlr.texas.gov/help/. The current telephone numbers of the department are 800-803-9202 or (512) 463-6599.", "sourceNote": "Source Note: The provisions of this §84.82 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213664", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "G", "label": "GENERAL BUSINESS PRACTICES" }, "rule": { "number": "§84.83", "label": "Student Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213665", "queryAsDate": "03/11/2026" }, "ruleBody": "Driver training providers must make every effort to resolve disputes between students and the provider.", "sourceNote": "Source Note: The provisions of this §84.83 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213665", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "G", "label": "GENERAL BUSINESS PRACTICES" }, "rule": { "number": "§84.84", "label": "Notification of Public Interest Information and Participation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213666", "queryAsDate": "03/11/2026" }, "ruleBody": "Consumers and service recipients must be notified of the name, e-mail address, mailing address, and telephone number of the department for the purpose of directing complaints to the department regarding the Driver Education and Safety Program. The notification must appear on the following:(1) each written contract for services of a person regulated under this chapter; and(2) a sign prominently displayed in the place of business or website of each person regulated under this chapter.", "sourceNote": "Source Note: The provisions of this §84.84 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2020, 45 TexReg 6069; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213666", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "G", "label": "GENERAL BUSINESS PRACTICES" }, "rule": { "number": "§84.85", "label": "Statement of Assurance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213670", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Driver training providers must submit a Statement of Assurance as prescribed by the department to demonstrate course materials have been updated to reflect the latest changes to applicable laws.(b) Failure to make necessary changes and submit a Statement of Assurance reflecting the changes may subject the licensee to administrative penalties and/or sanctions.", "sourceNote": "Source Note: The provisions of this §84.85 adopted to be effective September 1, 2020, 45 TexReg 6069; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213670", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "H", "label": "FACILITIES AND EQUIPMENT FOR DRIVER EDUCATION SCHOOLS, DRIVING SAFETY SCHOOLS AND DRUG AND ALCOHOL AWARENESS SCHOOLS" }, "rule": { "number": "§84.90", "label": "Facilities and Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213667", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each driver training provider must conduct the department approved course in a facility or facilities approved by the department, if applicable.(b) An in-person driver training provider must not maintain a classroom facility in a private residence.(c) The amount of classroom space for any driver training provider must meet the use requirements of the maximum number of current students in class with appropriate seating and writing facilities as necessitated by the activity patterns of the course.(d) The facilities must meet any state and local ordinances governing housing and safety for the use designated.", "sourceNote": "Source Note: The provisions of this §84.90 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213667", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "I", "label": "INSPECTIONS" }, "rule": { "number": "§84.100", "label": "Inspections--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213668", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Driver education providers must be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.(b) A driver education provider must display a copy of the establishment's most recent inspection report issued by the department in a common area, lobby or hallway location within the building in which the provider is located and accessible to the public without assistance or permission during all hours in which the provider is in operation.", "sourceNote": "Source Note: The provisions of this §84.100 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective January 15, 2023, 48 TexReg 38; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213668", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "I", "label": "INSPECTIONS" }, "rule": { "number": "§84.101", "label": "Initial Inspections--Inspection of Driver Education Providers Before Operation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213669", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any new or relocated driver education provider must be inspected and approved by the department before it may operate. Additionally, a driver education provider that has changed ownership must be inspected and approved by the department, but may continue to operate prior to inspection.(b) The driver education provider owner must request an initial inspection from the department.(c) Upon receipt of the owner's request, the department must schedule the initial inspection date and notify the owner.", "sourceNote": "Source Note: The provisions of this §84.101 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective January 15, 2023, 48 TexReg 38; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213669", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "I", "label": "INSPECTIONS" }, "rule": { "number": "§84.103", "label": "Driver Training Provider Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213674", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department may conduct an audit of the courses offered by a driver training provider. Audits may be conducted without prior notice to the provider, and department employees and representatives may enroll and attend a course without identifying themselves as employees or representatives of the department.(b) Department employees and representatives performing an audit may not be required to pay any fee to a provider for enrolling in or attending a course.", "sourceNote": "Source Note: The provisions of this §84.103 adopted to be effective September 1, 2020, 45 TexReg 6069; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213674", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "J", "label": "DRIVER TRAINING PROVIDER CANCELLATION AND REFUND" }, "rule": { "number": "§84.200", "label": "Cancellation and Refund Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213672", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Driver training provider cancellation and refund policies must be in accordance with the Code and this chapter.(b) If a student withdraws or is terminated from the course or the provider, a refund must be issued that corresponds to the actual instructional hours not provided.(c) Written requests for refunds to a driver training provider must be fulfilled within thirty (30) days after the receipt of the request. Proof of completion of refund shall be the refund document or copies of both sides of the canceled check and shall be on file within seventy-five (75) days of the effective date of termination. All refund checks shall identify the student to whom the refund is assigned. In cases where multiple refunds are made using one check, the check shall identify each individual student and the amount to be credited to that student's account.(d) In reference to §1001.404 of the Code, the annual interest rate on unpaid refunds is set at 10 percent.(e) In reference to §1001.404 of the Code, a driver training provider is considered to have made a good faith effort to tender a refund if the student file contains sufficient evidence of an attempted refund.(f) Any funds received from, or on behalf of, a student shall be recorded in a format that is readily accessible to representatives of the department.(g) Branch providers must use the policies approved for use by the primary provider.", "sourceNote": "Source Note: The provisions of this §84.200 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213672", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "K", "label": "FEES" }, "rule": { "number": "§84.300", "label": "Driver Education Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213673", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are nonrefundable.(b) Driver Education Provider Fees:(1) The initial application fee for a primary in-person driver education provider license is $500.(2) The initial application fee for a branch in-person driver education provider license is $500.(3) The initial application fee for an online driver education provider license is $500.(4) The initial application fee for a parent-taught driver education provider license is $500.(5) The initial application fee for each driver education provider endorsement is $300.(6) The renewal application fee for a primary in-person driver education provider license is $100.(7) The renewal application fee for a branch in-person driver education provider license is $100.(8) The renewal application fee for an online driver education provider license is $100.(9) The renewal application fee for a parent-taught driver education provider license is $100.(10) The fee for a change of the physical address for a driver education primary in-person provider location and branch in-person provider location is $150.(11) The fee for a change of name of a driver education provider or to change the name of an owner is $50.(12) If a driver education provider changes ownership as defined under §84.40(d), the fee paid by the new owner is $500 for a primary driver education provider and $500 for a branch driver education provider.(c) Driver Education Instructor Fees:(1) The initial application fee for a driver education instructor license is $50. The fee may not be collected for an applicant who is currently teaching a driver education course in a public school in this state.(2) The annual renewal application fee for a driver education instructor license is $25.(3) The national criminal history check fee - The fee in the amount set by and paid to the Texas Department of Public Safety for the cost of fingerprint processing and obtaining national criminal history record information from the Texas Department of Public Safety, its contractors, and the Federal Bureau of Investigation.(d) Driver Education Certificate of Completion Fees:(1) The fee for a DE-964 certificate of completion is $1.00.(2) The fee for a DE-964 certificate of completion number is $1.00.(3) The fee for an ADE-1317 certificate of completion is $1.00.(4) The fee for an ADE-1317 certificate of completion number is $1.00.(e) Other Fees:(1) A duplicate/replacement fee for any license issued under this chapter is $25.(2) Late renewal fees for licenses issued under this chapter are provided under §60.83 (relating to Late Renewal Fees).(3) A dishonored/returned check or payment fee is the fee prescribed under §60.82 (relating to Dishonored Payment Device).(4) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 (relating to Criminal History Evaluation Letters).(5) The fee for the Parent-Taught Driver Education Instructor Designation Service Application is $20.", "sourceNote": "Source Note: The provisions of this §84.300 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213673", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "K", "label": "FEES" }, "rule": { "number": "§84.301", "label": "Driving Safety Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213675", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are nonrefundable.(b) Driving Safety Provider Fees:(1) The initial application fee for a driving safety provider is $500.(2) The annual renewal application fee for a driving safety provider is $100.(3) The fee for a change of address of a driving safety provider is $50.(4) The fee for a change of name of a driving safety provider or name of owner is $50.(5) If a driving safety provider changes ownership as defined under §84.60(e), the fee paid by the new owner is $500.(c) Driving Safety Course Completion Certificate Fees: The fee for a course completion certificate number is $1.00.(d) Other Fees:(1) A duplicate/replacement fee for any license issued under this chapter is $25.(2) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(3) A dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).(4) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).", "sourceNote": "Source Note: The provisions of this §84.301 adopted to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213675", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "L", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§84.400", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183420", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Education Code, Chapter 1001, Texas Transportation Code, Chapter 521, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Education Code, Chapter 1001, Texas Occupations Code, Chapter 51, and any associated rules.", "sourceNote": "Source Note: The provisions of this §84.400 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2021, 46 TexReg 5394; amended to be effective June 1, 2023, 48 TexReg 2702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183420", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "L", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§84.401", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222941", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Education Code, Chapter 1001, and Texas Occupations Code, Chapter 51 and any associated rules may be used to enforce Texas Education Code, 1001 and this chapter.", "sourceNote": "Source Note: The provisions of this §84.401 adopted to be effective April 1, 2017, 42 TexReg 1400." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222941", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "M", "label": "CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION" }, "rule": { "number": "§84.500", "label": "Courses of Instruction for Driver Education Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The educational objectives of driver training courses must include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of driver education and citizens; instruction on law enforcement procedures for traffic stops in accordance with provisions of the Community Safety Education Act; information relating to human trafficking prevention in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); information relating to the Texas Driving with Disabilities Program (Senate Bill 2304, 88th Regular Legislature (2023)); litter prevention; anatomical gifts; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; leaving children in vehicles unattended; distractions; motorcycle awareness; alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle; recreational water safety; reducing traffic violations, injuries, deaths, and economic losses; the proper use of child passenger safety seat systems; and motivating development of traffic-related competencies through education, including, but not limited to, Texas traffic laws, risk management, driver attitudes, courtesy skills, and evasive driving techniques.(b) This subsection contains requirements for driver education courses. All course content and instructional material must include current statistical data, references to law, driving procedures, and traffic safety methodology. For each course, curriculum documents and materials may be requested as part of the application for approval. For courses offered in a language other than English, the course materials must be accompanied by a written declaration affirming that the translation of the course materials is true and correct in the proposed language presented. Such course materials are subject to the approval of the department prior to its use by a driver education provider.(1) Minor and adult driver education course.(A) The driver education classroom phase for students age 14 and over must consist of:(i) a minimum of 24 hours of classroom instruction in the presence of a person who holds a driver education instructor license or who meets the requirements for a driver education course conducted by a parent, legal guardian, or designated person;(ii) seven (7) hours of behind-the-wheel instruction in the presence of a person who holds a driver education instructor license or who meets the requirements for a driver education course conducted by a parent, legal guardian, or designated person;(iii) seven (7) hours of in-car observation instruction in the presence of a person who holds a driver education instructor license or who meets the requirements for a driver education course conducted by a parent, legal guardian, or designated person; and(iv) 30 hours of behind-the-wheel supervised practice, including at least 10 hours of nighttime practice, in the presence of a person at least 21 years of age, has at least one year of driving experience, and holds a valid driver license. The 30 hours of behind-the-wheel supervised practice are to be certified by a parent, legal guardian, or designated person if the student is a minor. Simulation hours must not be substituted for the behind-the-wheel supervised practice. Behind-the-wheel supervised practice is limited to two hours per day.(B) Providers are allowed five minutes of break per instructional hour for all phases. No more than ten minutes of break time may be accumulated for each two hours of instruction.(C) Driver education course curriculum content, minimum instruction requirements, and administrative guidelines for classroom instruction, in-car instruction, simulation, and multicar range must include the educational objectives established by the department in the POI-DE and the requirements of this subchapter.(D) Driver education providers that desire to instruct students age 14 and over in an in-person classroom program must provide the same beginning date for each student in the same class of 36 or less. No student must be allowed to enroll and start the classroom phase after the fifth hour of classroom instruction has begun.(E) Students must receive classroom instruction from an instructor who is licensed by the department. An instructor must be in the classroom and available to students during the entire 24 hours of instruction, including self-study assignments. Instructors must not have other teaching assignments or administrative duties during the 24 hours of classroom instruction.(F) Videos, tape recordings, guest speakers, and other instructional media that present concepts required in the POI-DE may be used as part of the required 24 hours of in-person classroom instruction. Such supplemental instruction must not exceed 720 minutes of total in-person classroom hours.(G) Self-study assignments occurring during regularly scheduled class periods must not exceed 25 percent of the course and must be presented to the entire class simultaneously.(H) Each classroom student must be provided a driver education textbook or access to instructional materials that are in compliance with the POI-DE approved for the school. Instructional materials, including textbooks, must be in a condition that are legible and free of obscenities.(I) A copy of the current edition of the \"Texas Driver Handbook\" or equivalent study material must be made available to each student enrolled in the classroom phase of the driver education course.(J) Each student, including makeup students, must be provided their own seat and table or desk while receiving classroom instruction. A provider must not enroll more than thirty-six (36) students, excluding makeup students, and the number of students may not exceed the number of seats and tables or desks available at the provider's location.(K) When a student changes providers, the provider must follow the current transfer policy developed by the department.(2) Driver Education Behind-the-Wheel and In-Car Instruction(A) All behind-the-wheel instruction must include actual driving operation by the student. A provider must not permit a ratio of more than four students per instructor or exceed the seating and occupant restraint capacity of the vehicle used for instruction. Providers that allow one-on-one instruction must notify the parents in the contract.(B) A student must have a valid driver's license or learner license in his or her possession during any behind-the-wheel instruction or supervised practice.(C) All behind-the-wheel instruction and supervised practice extended by the provider must begin no earlier than 5:00 a.m. and end no later than 11:00 p.m.(D) A provider may use multimedia systems, simulators, and multicar driving ranges for behind-the-wheel and observation instruction in a driver education program. Each simulator, including the filmed instructional programs, and each plan for a multicar driving range must meet state specification developed by DPS and the department. A licensed driver education instructor must be present during use of multimedia systems, simulators, and multicar driving ranges.(E) Four periods of at least 55 minutes per hour of instruction in a simulator may be substituted for one hour of behind-the-wheel and observation instruction. Two periods of at least 55 minutes per hour of multicar driving range instruction may be substituted for one hour of behind-the-wheel and observation instruction relating to elementary or city driving lessons. However, a minimum of four hours must be devoted to actual behind-the-wheel and observation instruction.(c) In a minor and adult driver education program, a student may apply to the DPS for a learner license after completing the objectives found in Module One: Traffic Laws of the POI-DE.(d) The instructor must be physically present in appropriate proximity to the student for the type of instruction being given. A driver education instructor, or provider owner must sign or stamp all completed classroom instruction records.(e) The driver education provider must make a reasonable effort to validate the identity of the student at the time of enrollment.", "sourceNote": "Source Note: The provisions of this §84.500 adopted to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "M", "label": "CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION" }, "rule": { "number": "§84.501", "label": "Driver Education Course Alternative Method of Instruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222943", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Approval process. The department may approve an endorsement for an alternative method whereby a driver education provider is approved to teach all or part of the classroom portion of a driver education course by an alternative method of instruction (AMI) that does not require students to be physically present in a classroom that meets the following requirements.(1) Standards for approval. The department may approve a driver education provider to teach all or part of the classroom portion of a driver education course by an AMI that does not require students to be present in a classroom only if:(A) the AMI includes testing and security measures that the department determines are adequately secure to ensure course content and personal validation;(B) the course satisfies any other requirement applicable to a course in which the classroom portion is taught to students in the usual classroom setting;(C) a student and instructor are in different locations;(D) the AMI instructional activities are integral to the academic program; and(E) adequate communication between a student and instructor and among students is emphasized.(2) Application. The provider must submit a completed AMI application along with the appropriate fee. The application for AMI approval must be treated the same as an application for the approval of a driver education traditional course, and the AMI must deliver the curriculum as aligned with the POI-DE.(3) Provider license required. A person or entity offering a classroom driver education course to Texas students by an AMI must hold a driver education provider license. The driver education provider is responsible for the operation of the AMI.(b) Course content. The AMI must deliver the same topics, instruction requirements, and course content as required by the department in the POI-DE.(1) Editing. The material presented in the AMI must be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.(2) Irrelevant material. Advertisement of goods and services must not appear during the actual instructional times of the course. Distracting material that is not related to the topic being presented must not appear during the actual instructional times of the course.(3) Student breaks. The AMI is allowed five minutes of break per instructional hour for all phases, for a total of 120 minutes of break time. No more than ten minutes of break time may be accumulated for each two hours of instruction.(4) Minimum content. The AMI shall present sufficient instructional content so that it would take a student a minimum of 24 hours (1,440 minutes) to complete the course. A course that demonstrates that it contains 1,320 minutes of instructional content shall mandate that students take 120 minutes of break time or provide additional educational content for a total of 1,440 minutes (24 hours). In order to demonstrate that the AMI contains sufficient content, the AMI must use the following methods.(A) Word count. For written material that is read by the student, the total number of words in the written sections of the course must be divided by 180. The result is the time associated with the written material for the sections.(B) Multimedia presentations. There shall be a minimum of 90 minutes of multimedia presentation. The provider owner must calculate the total amount of time it takes for all multimedia presentations to play, not to exceed 720 minutes.(C) Charts and graphs. The AMI may assign one minute for each chart or graph.(D) Time Allotment for Questions. The provider owner may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.(E) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time allotted for all charts, graphs, questions, and breaks equals or exceeds the minimum 1,440 minutes, the AMI has demonstrated the required amount of content.(F) Alternate time calculation method. In lieu of the time calculation method, the AMI may submit alternate methodology to demonstrate that the AMI meets the minimum 24-hour requirement.(5) Academic integrity. The academic integrity of the AMI for a classroom driver education course must include:(A) goals and objectives that are measurable and clearly state what the participants should know or be able to do at the end of the course;(B) a clear, complete driver education classroom course overview and syllabus;(C) content and assignments that are sufficient to teach the standards being addressed; and(D) if online, clearly stated academic integrity and Internet etiquette expectations regarding lesson activities, discussions, e-mail communications, and plagiarism.(6) Instructional design. Instructional design of AMI for classroom driver education must:(A) ensure each lesson includes a lesson overview, objectives, resources, content and activities, assignments, and assessments to provide multiple learning opportunities for students to master the content;(B) include instruction that provides opportunities for students to engage in higher-order thinking, critical-reasoning activities, and thinking in increasingly complex ways;(C) include a statement that notifies the student of the provider owner's security and privacy policy regarding student data, including personal and financial data; and(D) include assessment and assignment answers.(c) Personal validation. The AMI must maintain a method to validate the identity of the person taking the course. The personal validation system must incorporate one of the following requirements.(1) Provider-initiated method. The AMI may use a method that includes testing and security measures that are at least as secure as the methods available in the in-person classroom.(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.(B) Placement of questions. At least one personal validation question must appear in each major unit or section, not including the final examination.(C) Exclusion from the course. The AMI must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.(D) Correction of answer. The provider may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.(2) Third party data method. The online course must ask a minimum of 60 personal validation questions randomly throughout the course from a bank of at least 200 questions drawn from a third party data source.(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.(B) Placement of questions. At least one personal validation question must appear in each major unit or section, not including the final examination.(C) Exclusion from the course. The AMI must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.(D) Correction of answer. The provider may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.(3) Multifactor authentication method. The AMI may use a multifactor or two-factor authentication for personal validation.(d) Content validation. The AMI must incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.(1) Timers. The AMI may include built-in timers to ensure that 1,440 minutes of instruction have been attended and completed by the student.(2) Testing the student's participation in multimedia presentations. The AMI must ask at least one course validation question following each multimedia clip of more than 180 seconds.(A) Test bank. For each multimedia presentation that exceeds 180 seconds, the AMI must have a test bank of at least four questions.(B) Question difficulty. The question must be short answer, multiple choice, essay, or a combination of these forms. The question must be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.(C) Failure criteria. If the student fails to answer the question correctly, the AMI must either require the student to view the multimedia clip again or the AMI fails the student from the course. If the AMI requires the student to view the multimedia clip again, the AMI must present a different question from its test bank for that multimedia clip. The AMI may not repeat a question until it has asked all the questions from its test bank.(D) Answer identification. The AMI must not identify the correct answer to the multimedia question.(3) Mastery of course content. The AMI must test the student's mastery of the course content by asking questions from each of the modules listed in the program of organized instruction for driver education and traffic safety.(A) Test bank. The test bank for course content mastery questions must include at least:(i) 20 questions each from Module One listed in the POI-DE; and(ii) 10 questions each from the remaining modules.(B) Placement of questions. The mastery of course content questions must be asked at the end of each module.(C) Question difficulty. Course content mastery questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.(4) Repeat and retest options. The AMI may use the following options for students who fail an examination to show mastery of course content.(A) Repeat the failed module. If the student misses more than 30 percent of the questions asked on a module examination, the AMI must require that the student take the module again. The correct answer to missed questions may not be disclosed to the student (except as part of course content). At the end of the module, the AMI must again test the student's mastery of the material. The AMI must present different questions from its test bank until all the applicable questions have been asked. The student may repeat this procedure an unlimited number of times.(B) Retest the final examination. If the student misses more than 30 percent of the questions asked on the final examination, the AMI must retest the student in the same manner as the failed examination, using different questions from its test bank. If the student fails the same unit examination or the comprehensive final examination three times, the student fails the course.(e) Student records. The AMI must provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. The provider must ensure that the student record is readily, securely, and reliably available for inspection by a department-authorized representative. The student records must contain all information required in §84.81 (relating to Recordkeeping Requirements) and the following information.(1) A record of all questions asked and the student's responses.(2) The name or identity number of the staff member entering comments or revalidating the student.(3) The name or identity number of the staff member retesting the student.(4) If any answer to a question is changed by the provider for a student who inadvertently missed a question, the provider must provide both answers and a reasonable explanation for the change.(5) A record of the time the student spent in each unit of the AMI and the total instructional time the student spent in the course.(f) Additional requirements for AMI courses. Courses delivered via the Internet or technology must also comply with the following requirements.(1) Course identification. All AMI courses must display the driver education provider name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.(2) A driver education provider offering an AMI course may accept students redirected from another website if the student is redirected to the webpage that clearly identifies the name and license number of the provider offering the AMI course. This information must be visible before and during the student registration and course payment processes.(g) Additional requirements for video courses.(1) Delivery of the material. For AMIs delivered using videotape, digital video disc (DVD), film, or similar media, the equipment and course materials may only be made available through a process that is approved by the department.(2) Video requirement. The video course must include no more than 720 minutes of multimedia that is relevant to the required topics such as video produced by other entities for training purposes, including public safety announcements and B roll footage. The remainder of the 1,440 minutes of required instruction must be video material that is relevant to required course instruction content.(A) A video AMI must ask, at a minimum, at least one course validation question for each multimedia clip of more than 180 seconds.(B) A video AMI must devise and submit for approval a method for ensuring that a student correctly answers questions concerning the multimedia clips of more than 180 seconds.(h) Standards for AMIs using new technology. For AMIs delivered using technologies that have not been previously reviewed and approved by the department, the department may apply similar standards as appropriate and may also require additional standards. These standards must be designed to ensure that the course can be taught by the alternative method and that the alternative method includes testing and security measures that are at least as secure as the methods available in the usual classroom setting.(i) Modifications to the AMI. The licensed provider for the approved course on which the AMI is based must ensure that any modification to the AMI is consistent with applicable law, department rules and the POI-DE.(j) Termination of the provider's operation. Upon termination, providers must deliver any missing student data to the department within five days of termination.(k) Access to instructor and technical assistance. The provider must establish hours that the student may access an instructor trained in the classroom portion of the curriculum, and for technical assistance. Except for circumstances beyond the control of the provider, the student must have access to the instructor and technical assistance during the specified hours.(l) Enrollment guidelines. The AMI for driver education classroom that desires to instruct students age 14 and over must provide the same beginning date for each student in the same class of 36 or less. No student shall be allowed to enroll and start the classroom phase after the fifth hour of classroom instruction has been completed.", "sourceNote": "Source Note: The provisions of this §84.501 adopted to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222943", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "M", "label": "CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION" }, "rule": { "number": "§84.502", "label": "In-Person Driver Education Course Exclusively for Adults" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222944", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Driver education course exclusively for adults. Courses offered in an in-person classroom facility to persons who are age 18 to under 25 years of age for the education and examination requirements for the issuance of a driver's license under Texas Transportation Code, §521.222 and §521.1601, must be offered in accordance with the following:(1) In-person approval process. The department may approve an endorsement for a driver education course exclusively for adults to be offered in-person if the course meets the following requirements.(A) Application. The driver education provider must submit a completed application along with the appropriate fee;(B) Instructor license required. Students must receive classroom instruction from a licensed driver education instructor; and(C) Minimum course content. The driver education course exclusively for adults must consist of six clock hours of classroom instruction that meets the minimum course content and instruction requirements contained in the POI-Adult Six-Hour.(2) Course management. An approved adult driver education course must be presented in compliance with the following:(A) The instructor must be physically present in appropriate proximity to the student for the type of instruction being given. A licensed driver education instructor, or provider owner must sign or stamp all completed classroom instruction records.(B) A copy of the current edition of the \"Texas Driver Handbook\" or equivalent study material must be made available to each student enrolled in the course.(C) Self-study assignments, videos, tape recordings, guest speakers, and other instructional media that present topics required in the course must not exceed 150 minutes of instruction.(D) Each student, including makeup students, must be provided their own seat and table or desk while receiving classroom instruction. A provider must not enroll more than 36 students, excluding makeup students, and the number of students may not exceed the number of seats and tables or desks available at the provider's location.(E) A minimum of 330 minutes of instruction is required.(F) The total length of the course must consist of a minimum of 360 minutes.(G) Thirty minutes of time, exclusive of the 330 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content.(b) Students must not receive a driver education certificate of completion unless that student receives a grade of at least 70 percent on the highway signs examination and at least 70 percent on the traffic laws examination as required under Texas Transportation Code §521.161.(c) The driver education provider must make a reasonable effort to validate the identity of the student at the time of enrollment.", "sourceNote": "Source Note: The provisions of this §84.502 adopted to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222944", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "M", "label": "CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION" }, "rule": { "number": "§84.503", "label": "Online Driver Education Course Exclusively for Adults" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Online approval process. The department may approve an endorsement for an online driver education course exclusively for adults to be offered if the course meets the following requirements.(1) Application. The applicant for an online driver education provider license must submit a completed application along with the appropriate fee.(2) Online Provider license required. A person or entity offering an online driver education course exclusively for adults must hold an online driver education provider license.(3) The online driver education provider must be responsible for the operation of the online course.(4) Students must receive classroom instruction from a licensed driver education instructor.(b) Course content. The online course must meet the requirements of the course identified in §1001.1015 of the Code and as described in the POI-Adult Six-Hour.(1) Length of course. The course must be six hours in length, which is equal to 360 minutes. A minimum of 330 minutes of instruction must be provided. Thirty minutes of time, exclusive of the 330 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content. All break periods must be provided after instruction has begun and before the comprehensive examination and summation.(2) Required material. A copy of the current edition of the \"Texas Driver Handbook\" or equivalent study material must be made available to each student enrolled in the course.(3) Editing. The material presented in the online course must be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.(4) Irrelevant material. Advertisement of goods and services, and distracting material not related to driver education must not appear during the actual instructional times of the course.(5) Minimum content. The online course must present sufficient content so that it would take a student 360 minutes to complete the course. To demonstrate that the online course contains sufficient minutes of instruction, the online course must use the following methods.(A) Word count. For written material that is read by the student, the course must contain the total number of words in the written sections of the course. This word count must be divided by 180, the average number of words that a typical student reads per minute. The result is the time associated with the written material for the sections.(B) Multimedia presentations. For multimedia presentation, the online course must calculate the total amount of time it takes for all multimedia presentations to play, not to exceed 150 minutes.(C) Charts and graphs. The online course may assign one minute for each chart or graph.(D) Time allotment for questions. The online course may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.(E) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time associated with all charts and graphs equals or exceeds 330 minutes, the online course has demonstrated the required amount of minimum content.(F) Alternate time calculation method. In lieu of the time calculation method, the online course may submit alternate methodology to demonstrate that the online course meets the 330-minute requirement.(c) Personal validation. The online course must maintain a method to validate the identity of the person taking the course. The personal validation system must incorporate at least one of the following requirements.(1) Provider-initiated method. Upon approval by the department, the online course may use a method that includes testing and security measures that validate the identity of the person taking the course. The method must meet the following criteria.(A) Time to respond. The student must correctly answer a personal validation question within 90 seconds.(B) Placement of questions. At least two personal validation questions must appear randomly during each instructional hour, not including the final examination.(C) Exclusion from the course. The online course must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.(D) Correction of answer. The online course may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.(2) Third party data method. The online course must ask a minimum of twelve (12) personal validation questions randomly throughout the course from a bank of at least twenty (20) questions drawn from a third party data source. The method must meet the following criteria.(A) Time to respond. The student must correctly answer a personal validation question within 90 seconds.(B) Placement of questions. At least two personal validation questions must appear randomly during each instructional hour, not including the final examination.(C) Exclusion from the course. The online course must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.(D) Correction of answer. The online course may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.(3) Multifactor authentication method. The online course may use a multifactor or two-factor authentication for personal validation.(d) Content validation. The online course must incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.(1) Timers. The online course may include built-in timers to ensure that 330 minutes of instruction have been attended and completed by the student.(2) Testing the student's participation in multimedia presentations. The online course must ask at least one course validation question following each multimedia clip of more than 180 seconds.(A) Test bank. For each multimedia presentation that exceeds 180 seconds, the online course must have a test bank of at least four questions.(B) Question difficulty. The question shall be short answer, multiple choice, essay, or a combination of these forms. The question must be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.(C) Failure criteria. If the student fails to answer the question correctly, the online course must require the student to view the multimedia clip again. The online course must then present a different question from its test bank for that multimedia clip. The online course may not repeat a question until it has asked all the questions from its test bank.(D) Answer identification. The online course must not identify the correct answer to the multimedia question.(3) Course participation questions. The online course must test the student's course participation by asking at least two questions each from Topics Two through Eight of Chapter Four in the POI-Adult Six Hour.(A) Test bank. The test bank for course participation questions must include at least ten questions each from Topics Two through Eight of Chapter Four in the POI-Adult Six-Hour.(B) Placement of questions. The course participation questions must be asked at the end of the major unit or the section in which the topic is covered.(C) Question difficulty. Course participation questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.(4) Comprehension of course content. The online course must test the student's mastery of the course content by administering at least 30 questions covering the highway signs and traffic laws required under Texas Transportation Code, §521.161.(A) Test banks (two). Separate test banks for course content mastery questions are required for the highway signs and traffic laws examination as required under Texas Transportation Code, §521.161, with examination questions drawn equally from each.(B) Placement of questions. The mastery of course content questions must be asked at the end of the course (comprehensive final examination).(C) Question difficulty. Course content mastery questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.(D) Retest the student. If the student misses more than 30 percent of the questions asked on an examination, the online course must retest the student using different questions from its test bank. The student is not required to repeat the course, but may be allowed to review the course prior to retaking the examination. If the student fails the comprehensive final examination three times, the student fails the course.(e) Student records. The online course must provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. The provider must ensure that the student record is readily, securely, and reliably available for inspection by a department representative. The student records must contain all information required in §84.81 (relating to Recordkeeping Requirements) and contain the following information:(1) a record of all questions asked and the student's responses;(2) the name or identity number of the staff member entering comments, retesting, or revalidating the student;(3) both answers and a reasonable explanation for the change if any answer to a question is changed by the provider for a student who inadvertently missed a question; and(4) a record of the time the student spent in each unit and the total instructional time the student spent in the course.(f) Waiver of certain education and examination requirements. A licensed driver education instructor must determine that the student has successfully completed and passed a driver education course exclusively for adults prior to waiving the examination requirements of the highway sign and traffic law parts of the examination required under Texas Transportation Code, §521.167, and signing the ADE-1317 driver education completion certificate.(g) Age requirement. A person must be at least 18 years of age to enroll in a driver education course exclusively for adults.(h) Issuance of certificate. Not later than the 15th working day after the course completion date, the provider must issue an ADE-1317 driver education certificate only to a person who successfully completes an approved online driver education course exclusively for adults.(i) Access to instructor and technical assistance. The provider must establish hours that the student may access an instructor trained in the adult driver education curriculum, and for technical assistance. Except for circumstances beyond the control of the provider, the student must have access to the instructor and technical assistance during the specified hours.(j) Additional requirements for online courses. Courses delivered via the Internet or technology must also comply with the following requirements.(1) Re-entry into the course. An online course may allow the student re-entry into the course by username and password authentication or other means that are as secure as username and password authentication.(2) Navigation. The student must be provided orientation training to ensure easy and logical navigation through the course. The student must be allowed to freely browse previously completed material.(3) Audio-visual standards. The video and audio must be clear and, when applicable, the video and audio must be synchronized.(4) Course identification. All online courses must display the driver education provider name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.(5) Domain names. Each provider offering an online course must offer that online course from a single domain.(6) A driver education provider offering an online course may accept students redirected from a website if the student is redirected to the webpage that clearly identifies the name and license number of the provider offering the online course. This information must be visible before and during the student registration and course payment processes.(7) Compliance with Texas Transportation Code, §521.1601. Persons age 18 to under 25 years of age must successfully complete either a minor and adult driver education course or the driver education course exclusively for adults. Partial completion of either course does not satisfy the requirements of rule or law.(8) Issuance of certificate. A licensed provider or instructor may not issue an ADE-1317 adult driver education certificate to a person who is not at least 18 years of age.", "sourceNote": "Source Note: The provisions of this §84.503 adopted to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222945", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "M", "label": "CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION" }, "rule": { "number": "§84.504", "label": "Driving Safety Courses of Instruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222946", "queryAsDate": "03/11/2026" }, "ruleBody": "This section contains requirements for traditional classroom driving safety courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. Courses of instruction must not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course must be submitted by the driving safety provider and approved prior to being offered.(1) Driving safety courses.(A) Educational objectives. The educational objectives of driving safety courses must include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens; information relating to human trafficking prevention in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); information relating to the Texas Driving with Disabilities Program (Senate Bill 2304, 88th Regular Legislature (2023)); implementation of law enforcement procedures for traffic stops in accordance with the provisions of the Community Safety Education Act; the proper use of child passenger safety seat systems; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; reducing traffic violations; reducing traffic-related injuries, deaths, and economic losses; and motivating continuing development of traffic-related competencies.(B) Driving safety course content guides. A course content guide is a description of the content of the course and the techniques of instruction that will be used to present the course. For courses offered in languages other than English, the driving safety provider must affirm that the translation of the course materials is true and correct in the proposed language presented. Such materials are subject to review by the department. Each driving safety course must include the following:(i) a statement of the course's traffic safety goal;(ii) a statement of policies related to techniques of instruction, standards, and performance;(iii) a statement of policies related to student progress, attendance, makeup, and conduct. The policies must be used by each driving safety provider and include the following requirements:(I) appropriate standards to ascertain the attendance and identity of students. All driving safety providers must use appropriate standards for documenting attendance;(II) if the student does not complete the entire course, including all makeup lessons within the timeline specified by the court, no credit for instruction shall be granted;(III) any period of absence for any portion of instruction will require that the student complete that portion of instruction in a manner determined by the driving safety provider; and(IV) conditions for dismissal and conditions for re-entry of those students dismissed for violating the conduct policy;(iv) a statement of policy addressing entrance requirements and special conditions of students such as the inability to read, language barriers, and other disabilities;(v) a list of relevant instructional resources such as textbooks, audio and visual media and other instructional materials, and equipment that will be used in the course and the furniture deemed necessary to accommodate the students in the course such as tables, chairs, and other furnishings. The course shall include a minimum of 60 minutes of audio/video materials relevant to the required topics; however, the audio/video materials must not be used in excess of 165 minutes of the 300 minutes of instruction. The resources may be included in a single list or may appear at the end of each instructional unit;(vi) written or printed materials to be provided for use by each student as a guide to the course;(vii) instructional activities and resources to be used to present the material (lecture, films, other media, small-group discussions, workbook materials, written and oral discussion questions, etc.). When small-group discussions are planned, the course content guide must identify the questions that will be assigned to the groups;(viii) techniques for evaluating the comprehension level of the students; and(ix) a completed form cross-referencing the instructional units to the topics identified in Chapter Four of the COI-Driving Safety. A form to cross-reference the instructional units to the required topics and topics unique to the course will be provided by the department upon request.(C) Course and time management. Approved driving safety courses must be presented in compliance with the following guidelines and must include statistical information drawn from data maintained by the Texas Department of Transportation or National Highway Traffic Safety Administration.(i) A minimum of 300 minutes of instruction is required.(ii) The total length of the course must consist of a minimum of 360 minutes.(iii) Sixty (60) minutes of time, exclusive of the 300 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content. All break periods must be provided after instruction has begun and before the comprehensive examination and summation.(iv) Administrative procedures such as enrollment must not be included in the 300 minutes of the course.(v) Courses conducted in a single day in an in-person classroom must allow a minimum of 30 minutes for lunch.(vi) Courses taught over a period longer than one day must provide breaks on a schedule equitable to those prescribed for one-day courses. However, all breaks must be provided after the course introduction and prior to the last unit of the instructional day or the comprehensive examination and summation, whichever is appropriate.(vii) The order of topics must be approved by the department as part of the course approval, and for each student, the course must be taught in the order identified in the approved application.(viii) Students must not receive a uniform certificate of course completion unless that student receives a grade of at least 70 percent on the final examination.(ix) In an in-person classroom, there must be sufficient seating for the number of students, arranged so that all students are able to view, hear, and comprehend all instructional aids and the class must have no more than 50 students.(x) The driving safety provider must make a reasonable effort to validate the identity of the student at the time of enrollment.(D) Minimum course content. Driving Safety course content, including video and multimedia, must include current statistical data, references to law, driving procedures, and traffic safety methodology, as shown in the COI-Driving Safety, to assure student mastery of the subject matter.(E) Examinations. Each course provider shall submit for approval, as part of the application, tests designed to measure the comprehension level of students at the completion of the driving safety course. The comprehensive examination for each driving safety course must include at least two questions from the required units set forth in Chapter Four, Topics Two through Twelve of the COI-Driving Safety, for a total of at least 20 questions. The final examination questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Provider-designated persons who offer or provide instruction must not assist students in answering the final examination questions but may facilitate alternative testing. Students must not be given credit for the driving safety course unless they score 70 percent or more on the final test. The provider must identify alternative testing techniques to be used for students with reading, hearing, or learning disabilities and policies for retesting students who score less than 70 percent on the final examination. The provider may choose not to provide alternative testing techniques; however, students shall be advised whether the course provides alternative testing prior to enrollment in the course. Test questions may be short answer, multiple choice, essay, or a combination of these forms.(F) The course owner shall update all the course content methodology, procedures, statistical data, and references to law with the latest available data.(G) The department may alter the due date of the renewal documents by giving the approved course six months' notice. The department may alter the due date to ensure that the course is updated six months after the effective date of new state laws passed by the Texas Legislature.(H) If, upon review and consideration of an original, renewal, or amended application for course approval, the department determines that the applicant does not meet the legal requirements, the department shall notify the applicant, setting forth the reasons for denial in writing.(2) The department may revoke approval of any course given to a provider under any of the following circumstances:(A) Any information contained in the application for the course approval is found to be untrue;(B) The school has failed to maintain the courses of study on which previous approval was issued;(C) The provider has been found to be in violation of the Code, and/or this chapter; or(D) The course has been found to be ineffective in meeting the educational objectives set forth in paragraph (1)(A).", "sourceNote": "Source Note: The provisions of this §84.504 adopted to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222946", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "M", "label": "CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION" }, "rule": { "number": "§84.505", "label": "Driving Safety Course Alternative Delivery Method" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222456", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The driving safety provider may offer a course by alternative delivery method (ADM) that meets the following requirements:(1) Standards for acceptance. The department may accept an ADM offered by a driving safety provider for an approved driving safety course if the ADM delivers a course in a manner that is at least as secure as an in-person classroom. ADMs that meet the requirements outlined in subsections (b) - (h), shall receive ADM acceptance.(2) The ADM must deliver the driving safety provider's curriculum as delineated in the course content guide required by §84.504 (relating to Driving Safety Courses of Instruction), and the COI-Driving Safety.(3) Provider license required. A person or entity offering a driving safety course to Texas students by an alternative delivery method must hold a driving safety provider license. The driving safety provider is responsible for the operation of the ADM.(b) Course content. The ADM must deliver the same topics, instruction requirements, and course content as the approved driving safety course established by the department in the COI-Driving Safety.(1) Course topics. The time requirements for each unit and the course described in §84.504(a)(1)(C) and (D) must be met.(2) Editing. The material presented in the ADM must be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.(3) Irrelevant material. Advertisement of goods and services must not appear during the actual instructional times of the course. Distracting material that is not related to the topic being presented must not appear during the actual instructional times of the course.(4) Minimum content. The ADM must present sufficient content so that it would take a student 300 minutes to complete the course. To demonstrate that the ADM contains sufficient content, the ADM must use the following methods.(A) Word count. For written material that is read by the student, the driving safety provider must count the total number of words in the written sections of the course. This word count must be divided by 180, the average number of words that a typical student reads per minute. The result is the time associated with the written material for the sections.(B) Multimedia presentations. For multimedia presentation, the driving safety provider must calculate the total amount of time it takes for all multimedia presentations to play.(C) Charts and graphs. The ADM may assign one minute for each chart or graph.(D) Examinations. The provider may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.(E) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time associated with all charts and graphs equals or exceeds 300 minutes, the ADM has demonstrated the required amount of content.(F) Alternate time calculation method. In lieu of the time calculation method, the driving safety provider may submit alternate methodology to demonstrate that the ADM meets the 300-minute requirement.(5) Student breaks. A course that demonstrates that it contains 300 minutes of instructional content must mandate that students take 60 minutes of break time or provide additional educational content for a total of 360 minutes.(c) Personal validation. The driving safety provider must ensure the ADM maintain a system to validate the identity of the person taking the course. The personal validation system must incorporate one of the following requirements.(1) Provider-initiated method. The ADM may use a method that includes testing and security measures that are at least as secure as the methods available in the in-person classroom.(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds.(B) Placement of questions. At least one personal validation question must appear in each major unit or section, not including the final examination.(C) Exclusion from the course. The ADM must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.(D) Correction of answer. The provider may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.(2) Third party data method. The online course must ask a minimum of 10 personal validation questions randomly throughout the course drawn equally from at least two different databases.(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds.(B) Placement of questions. At least one personal validation question must appear in each major unit or section, not including the final examination.(C) Exclusion from the course. The ADM must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.(D) Correction of answer. The provider may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.(E) Student affidavits. A student for whom third-party database information is available from fewer than two databases (for example, a student with an out-of-state driver's license) may be issued a uniform certificate of completion upon presentation to the driving safety provider of a notarized copy of the student's driver's license or equivalent type of photo identification and a statement from the student certifying that the individual attended and successfully completed the six-hour driving safety course for which the certificate is being issued and there exists a corresponding student record.(3) Multifactor authentication method. The AMD may use a multifactor or two-factor authentication for personal validation.(d) Alternative methods. The driving safety provider may employ an ADM that uses alternate methods that are at least as secure as one of the methods listed above.(e) Content validation. The driving safety provider must ensure the ADM incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.(1) Timers. The ADM must include built-in timers to ensure that 300 minutes of instruction have been attended and completed by the student.(2) Testing the student's participation in multimedia presentations. The ADM must ask at least one course validation question following each multimedia clip of more than 180 seconds.(A) Test bank. For each multimedia presentation that exceeds 180 seconds, the ADM must have a test bank of at least four questions.(B) Question difficulty. Each question must be short answer, multiple choice, essay, or a combination of these forms. The questions must be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.(C) Failure criteria. If the student fails to answer the question correctly, the ADM shall either require the student view the multimedia clip again or the ADM must fail the student from the course. If the ADM requires the student to view the multimedia clip again, the ADM must present a different question from its test bank for that multimedia clip. The ADM may not repeat a question until it has asked all the questions from its test bank.(D) Answer identification. The ADM must not identify the correct answer to the multimedia question.(3) Mastery of course content. The ADM must allow for testing of the student's mastery of the course content by asking at least two questions from each of the topics listed in Chapter Four, Topics Two through Twelve of the COI-Driving Safety.(A) Test bank. The test bank for course content mastery questions must include at least ten questions from each of the topics identified in Chapter Four, Topics Two through Twelve of the COI-Driving Safety.(B) Placement of questions. The mastery of course content questions must be asked either at the end of the major unit or section in which the topic identified in Chapter Four, Topics Two through Twelve of the COI-Driving Safety, (unit examination) or at the end of the course (comprehensive final examination).(C) Question difficulty. Course content mastery questions must be short answer, multiple choice, essay, or a combination of these forms, and of such difficulty that the answer may not be easily determined without having participated in the actual instruction.(4) Repeat and retest options. The ADM may use either of the following options for students who fail an examination to show mastery of course content, but may not use both in the same ADM.(A) Repeat the failed unit. If the student misses more than 30 percent of the questions asked on an examination, the ADM must require that the student take the unit again. All timers must be reset. The correct answer to missed questions may not be disclosed to the student (except as part of course content). At the end of the unit, the ADM must again test the student's mastery of the material. The ADM must present different questions from its test bank until all the applicable questions have been asked. The student may repeat this procedure an unlimited number of times.(B) Retest the student. If the student misses more than 30 percent of the questions asked on an examination, the ADM must retest the student in the same manner as the failed examination, using different questions from its test bank. The student is not required to repeat the failed unit but may be allowed to do so prior to retaking the examination. If the student fails the same unit examination or the comprehensive final examination three times, the student fails the course.(f) Student records. The ADM must provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. Each entry that verifies enrollment, identifies the question asked or the response given, documents retesting and/or revalidation, and documents any changes to the student's record must include the date and time of the activity reported. The student records must contain the following information.(1) The student's name and driver's license number.(2) A record of which personal validation questions were asked and the student's responses.(3) A record of which multimedia participation questions were asked and the student's responses.(4) The name or identity number of the staff member entering comments, retesting, or revalidating the student.(5) If any answer to a question is changed by the driving safety provider for a student who inadvertently missed a question, the provider must provide both answers and a reasonable explanation for the change.(6) A record of the course content mastery questions asked and the answers given.(7) A record of the time the student spent in each unit of the ADM and the total instructional time the student spent in the course.(8) The provider must also ensure that the student record is readily, securely, and reliably available for inspection by the department.(g) Additional requirements for ADM courses. Courses delivered via the Internet must also comply with the following requirements.(1) Course identification. All ADM courses must display the driving safety provider name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.(2) A driving safety provider offering a driving safety course through ADM may accept students redirected from another website if the student is redirected to the webpage that clearly identifies the names and license numbers of the provider offering the ADM. This information must be visible before and during the student registration and course payment processes.(3) Domain names. Each provider offering a driving safety course through ADM must offer that ADM from a single domain.(h) Additional requirements for video courses.(1) Delivery of the material. For ADMs delivered using videotape, digital video disc (DVD), film, or similar media, the equipment and course materials may only be made available through a department approved process.(2) Video requirement. In order to meet the video requirement of §84.504(a)(1)(B)(v), the video course must include between 60 and 150 minutes of multimedia that is relevant to the required topics such as video produced by other entities for training purposes, including public safety announcements and B roll footage. The remainder of the 300 minutes of required instruction must be video material that is relevant to the required topics and produced specifically for the ADM.(A) A video ADM must ask at least one course validation question for each multimedia clip of more than 180 seconds at the end of each major segment (chapter) of the ADM.(B) A video ADM must devise and submit for approval a method for ensuring that a student correctly answers questions concerning multimedia clips consisting of more than 60 seconds in length presented during the ADM.(i) Standards for ADMs using new technology. For ADMs delivered using technologies that have not been previously reviewed and approved by the department, the department may apply similar standards as appropriate and may also require additional standards. These standards must be designed to ensure that the course can be taught by the alternative method and that the alternative method includes testing and security measures that are at least as secure as the methods available in the traditional classroom setting.(j) Modifications to the ADM. A change to a previously approved ADM may be made without the prior approval of the department. The driving safety provider must notify the department of the modification not later than 30 days after its occurrence.(k) Termination of the driving safety provider's operation. Upon termination, a driving safety provider must deliver any missing student data to the department within five days of termination.(l) Access to the driving safety provider for technical assistance. The driving safety provider must establish hours that the student may obtain technical assistance. Except for circumstances beyond the control of the provider, the student must have access to the provider and technical assistance during the specified hours.", "sourceNote": "Source Note: The provisions of this §84.505 adopted to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222456", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "N", "label": "PROGRAM INSTRUCTION FOR PUBLIC SCHOOLS, EDUCATION SERVICE CENTERS, AND COLLEGES OR UNIVERSITIES COURSE REQUIREMENTS" }, "rule": { "number": "§84.600", "label": "Program of Organized Instruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222457", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be approved under this subchapter, a driver education plan must include one or more of the following course programs.(1) Core program. This program must consist of a minimum of 24 hours of classroom instruction; seven hours of behind-the-wheel instruction in the presence of a certified instructor; seven hours of in-car observation in the presence of a certified instructor; and 30 hours of behind-the-wheel supervised practice, including at least 10 hours of instruction that takes place at night, certified by a parent or guardian in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).(2) In-car only program. This program must consist of at least seven hours of behind-the-wheel instruction in the presence of a certified instructor; seven hours of in-car observation in the presence of a certified instructor; and 30 hours of behind-the-wheel supervised practice, including at least 10 hours of instruction that takes place at night, certified by a parent or guardian in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).(3) Classroom only program. This program must consist of a minimum of 24 hours of classroom instruction.(b) The minimum requirements of the driver education program must be met regardless of how the course is scheduled. The following applies to all minor and adult driver education programs.(1) A learner portion of a DE-964 must be issued to a student to obtain a learner's license upon completion of Module One of the POI-DE. A driver license portion of the DE-964 must be given when all in-car laboratory and classroom instruction has been completed by the student.(2) In-car laboratory lessons may be given only after the student has obtained a learner's license.(3) Instruction may be scheduled any day of the week, during regular school hours, before or after school, and during the summer.(4) Instruction must not be scheduled before 5:00 a.m. or after 11:00 p.m.(5) The driver education classroom phase must have uniform beginning and ending dates. Students must proceed in a uniform sequence. Students must be enrolled and in class before the fifth hour of classroom instruction in a 24-hour program and the 12th hour of classroom instruction in 56-hour or semester-length programs.(6) Self-study assignments occurring during regularly scheduled class periods must not exceed 25 percent of the course and must be presented to the entire class simultaneously.(7) The driver education course must be completed within the timelines established by the superintendent, college or university chief school official, or ESC director. This must not circumvent attendance or progress. Variances to the established timelines must be determined by the superintendent, college or university chief school official, or ESC director and must be agreed to by the parent or legal guardian.(8) Public schools are allowed five minutes of break within each instructional hour in all phases of instruction. A break is an interruption in a course of instruction occurring after the lesson introduction and before the lesson summation. It is recommended that the five minutes of break be provided outside the time devoted to behind-the-wheel instruction so students receive a total of seven hours of instruction.(9) Driver education training offered by the public school must not exceed six hours per day. Public schools may include five minutes of break per instructional hour as identified in §84.500 (relating to Courses of Instruction for Driver Education Providers). In-car instruction provided by the public school must not exceed four hours per day as follows:(A) four hours or less of in-car training; however, behind-the-wheel instruction must not exceed two hours per day; or(B) four hours or less of simulation instruction; or(C) four hours or less of multicar range instruction; or(D) any combination of the methods delineated in this subsection that does not exceed four hours per day.(10) Driver education training certified by the parent is limited to two hours per day.(c) Course content, minimum instruction requirements, and administrative guidelines for each phase of driver education classroom instruction, in-car training (behind-the-wheel and observation), simulation, and multicar range must include the instructional objectives established by the department, as specified in this subsection and the POI-DE, and meet the requirements of this subchapter. Sample instructional modules may be obtained from the department. Schools may use sample instructional modules developed by the department or develop their own instructional modules based on the approved instructional objectives. The instructional objectives are organized into the modules outlined in this subsection and include objectives for classroom and in-car training (behind-the-wheel and observation), simulation lessons, parental involvement activities, and evaluation techniques. In addition, the instructional objectives that must be provided to every student enrolled in a minor and adult driver education course include information relating to litter prevention; anatomical gifts; safely operating a vehicle near oversize or overweight vehicles; distractions, including the use of a wireless communication device that includes texting; motorcycle awareness; alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle; and recreational water safety. A student may apply to the Texas Department of Public Safety (DPS) for a learner's license after completing six hours of instruction as specified in Module One of the POI-DE.(d) A public school may use multimedia systems, simulators, and multicar driving ranges for instruction in a driver education program.(e) Each simulator, including the instructional programs, and each plan for a multicar driving range must meet state specifications developed by the department. Simulators are electromechanical equipment that provides for teacher evaluation of perceptual, judgmental, and decision-making performance of individuals and groups. With simulation, group learning experiences permit students to operate vehicular controls in response to audiovisual depiction of traffic environments and driving emergencies. The specifications are available from the department.(f) A minimum of four periods of at least 55 minutes per hour of instruction in a simulator may be substituted for one hour of behind-the-wheel and one hour observation instruction. A minimum of two periods of at least 55 minutes per hour of multicar driving range instruction may be substituted for one hour of behind-the-wheel and one hour observation instruction relating to elementary or city driving lessons. However, a minimum of four hours must be devoted to behind-the-wheel instruction and a minimum of four hours must be devoted to observation instruction.(g) A school may not permit more than 36 students per driver education class, excluding makeup students.(h) All behind-the-wheel lessons must consist of actual driving instruction. Observation of the instructor, mechanical demonstrations, etc., must not be counted for behind-the-wheel instruction. The instructor must be in the vehicle with the student during the entire time behind-the-wheel instruction is provided.(i) Minor and adult driver education programs must include the following components.(1) Driver education instruction is limited to eligible students between the ages of 14-18 years of age, who are at least 14 years of age when the driver education classroom phase begins and who will be 15 years of age or older when the behind-the-wheel instruction begins. Students officially enrolled in school who are 18-21 years of age may attend a minor and adult driver education program.(2) Motion picture films, slides, videos, tape recordings, and other media that present concepts outlined in the instructional objectives may be used as part of the required instructional hours of the classroom instruction. Units scheduled to be instructed may also be conducted by guest speakers as part of the required hours of instruction. Together, these must not exceed 720 minutes of the total classroom phase.(3) Each classroom student must be provided a driver education textbook or driver education instructional materials approved by the department.(4) A copy of the current edition of the \"Texas Driver Handbook\" or equivalent study material must be made available to each student enrolled in the classroom phase of the driver education course.(5) No public school should permit a ratio of less than two, or more than four, students per instructor for behind-the-wheel instruction, except behind-the-wheel instruction may be provided for only one student when it is not practical to instruct more than one student, for makeup lessons, or if a hardship would result if scheduled instruction were not provided. In each case when only one student is instructed:(A) the school must obtain a waiver signed and dated by the parent or legal guardian of the student and the chief school official stating that the parent or legal guardian understands that the student may be provided behind-the-wheel instruction on a one-on-one basis with only the instructor and student present in the vehicle during instruction;(B) the waiver may be provided for any number of lessons; however, the waiver must specify the exact number of lessons for which the parent is providing the waiver; and(C) the waiver must be signed before the first lesson in which the parent is granting permission for the student to receive one-on-one instruction.(j) Colleges and universities that offer driver education to adults must submit and receive written approval for the course from the department prior to implementation of the program. The request for approval must include a syllabus, list of instructors, samples of instructional records that will be used with the course, and information necessary for approval of the program.", "sourceNote": "Source Note: The provisions of this §84.600 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2018, 43 TexReg 1431; amended to be effective July 1, 2018, 43 TexReg 3875; amended to be effective March 15, 2020, 45 TexReg 1698; amended to be effective September 1, 2020, 45 TexReg 6069; amended to be effective September 1, 2021, 46 TexReg 5394; amended to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222457", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "84", "label": "DRIVER EDUCATION AND SAFETY" }, "subchapter": { "number": "N", "label": "PROGRAM INSTRUCTION FOR PUBLIC SCHOOLS, EDUCATION SERVICE CENTERS, AND COLLEGES OR UNIVERSITIES COURSE REQUIREMENTS" }, "rule": { "number": "§84.601", "label": "Additional Procedures for Student Certification and Transfers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136030", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unused DE-964s must not be transferred to another school without written approval by the department.(b) The DE-964 document is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the form as to the prerequisite set forth may result in suspension or revocation of instructor credentials or program approval and/or criminal prosecution.(c) The superintendent, college or university chief school official, ESC director, or their designee may request to receive serially numbered DE-964 certificates for exempt schools by submitting a completed order on the form provided by the department stating the number of certificates to be purchased and including payment of all appropriate fees. The department will accept purchase requisitions from school districts.(d) All DE-964 certificates and records of certificates must be provided to the department or DPS upon request. The superintendent, college or university chief school official, ESC director, or their designee must maintain the school copies of the certificates. The chief school official, ESC or DPS director, or their designee must return unissued DE-964 certificates to the department within 30 days from the date the school discontinues the driver education program, unless otherwise notified.(e) The public school may accept any part of the driver education instruction received by a student in another state; however, the student must complete all the course requirements for a Texas driver education program. Driver education instruction completed in another state must be certified in writing by the chief official or course instructor of the school where the instruction was given and include the hours and minutes of instruction and a complete description of each lesson provided. The certification document must be attached to the student's individual record at the Texas school and be maintained with the record for three years or as mandated by the school district.(f) Students who are licensed in another state and have completed that state's driver education program should contact the DPS for information on the licensing reciprocal agreement between that state and Texas.(g) All records of instruction must be included as part of the student's final history when it is necessary to compile multiple records to verify that a student successfully completed a driver education course.", "sourceNote": "Source Note: The provisions of this §84.601 adopted to be effective September 1, 2020, 45 TexReg 6069; amended to be effective June 1, 2023, 48 TexReg 2702; amended to be effective December 1, 2024, 49 TexReg 9521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136030", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136031", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are adopted under the authority of the Texas Occupations Code, Chapter 51 and Chapter 2303.", "sourceNote": "Source Note: The provisions of this §85.1 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136031", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136032", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Abandoned nuisance vehicle--A motor vehicle that is at least 10 years old and is of a condition only to be demolished, wrecked, or dismantled.(2) Act--The Vehicle Storage Facility Act, Texas Occupations Code, Chapter 2303.(3) Affidavit of Right of Possession--A form prescribed by the department and provided by the licensee for use by an immediate family member certifying right of possession to a vehicle stored at a vehicle storage facility.(4) Commission--The Texas Commission of Licensing and Regulation.(5) Day--Twenty-four continuous hours.(6) Department--The Texas Department of Licensing and Regulation.(7) Executive director--The executive director of the department.(8) Fence--An enclosure of wood, chain link, metal, concrete, or masonry, placed around an area used to store vehicles and designed to prevent intrusion and escape.(9) Immediate family--A vehicle owner's parents, spouse, children, brothers, and sisters.(10) Impoundment--The following actions when performed on a stored vehicle:(A) using materials such as plastic or canvas tarpaulins to ensure the preservation of a stored vehicle if doors, windows, convertible tops, hatchbacks, sunroofs, trunks, or hoods are broken or inoperative;(B) conducting a written inventory of any unsecured personal property contained in a stored vehicle;(C) removing and storing all unsecured personal property that is contained in a stored vehicle and for which safekeeping is necessary; or(D) obtaining motor vehicle registration information for a specific vehicle from the Texas Department of Transportation, Vehicle Titles and Registration Division, or an equivalent out-of-state agency.(11) License holder or Licensee--The person to which the department issued a license.(12) Main entrance--The initial point from the public road onto the private property leading to the vehicle storage facility at which a consumer or service recipient enters a vehicle storage facility.(13) Notice of Right of Possession for Salvage--A form prescribed by the department and executed by persons licensed under 16 Texas Administrative Code Chapter 86 as agents for an insurance company that has documented authority from the vehicle owner obtained prior to execution of the form, certifying right of possession of a total loss vehicle stored at a vehicle storage facility.(14) Person--An individual, corporation, organization, business trust, estate, trust, partnership, association, or other legal entity.(15) Primary lien holder--First lien holder named on the certificate of title in the motor vehicle registration records of the Texas Department of Transportation.(16) Principal--An individual who:(A) holds, whether personally, as a beneficiary of a trust, or by other constructive means:(i) 10% of a corporation's outstanding stock; or(ii) an ownership interest in a business that is equivalent to a fair market value of more than $25,000;(B) has the controlling interest in a business;(C) has a participating interest of more than 10% in the profits, proceeds, or capital gains of a business, regardless of whether the interest is direct or indirect, whether it is held through share, stock, or any other manner, or whether it includes voting rights;(D) holds a position as a member of the board of directors or other governing body of a business; or(E) holds a position as an elected officer of a business.(17) Proof of loss claim form--A form prescribed by the department and submitted by an insurance company certifying right of possession to a vehicle stored at a vehicle storage facility.(18) Registered owner--Each person in whose name a vehicle is titled under Transportation Code, Chapter 501, or in whose name a vehicle is registered under Transportation Code, Chapter 502.(19) Vehicle--A motor vehicle subject to registration under Transportation Code, Title 7, Subtitle A, or any other device designed to be self-propelled or transported on a public highway.(20) Vehicle owner--A person:(A) in whose name a vehicle is registered under the Certificate of Title Act, Transportation Code, Chapter 501;(B) in whose name a vehicle is registered under Transportation Code, Chapter 502, or a member of that person's immediate family;(C) who holds a vehicle through a valid lease agreement;(D) who is an unrecorded lienholder with a right to possession; or(E) who is a lienholder that holds an affidavit of repossession and has the right to repossess a vehicle.(21) Vehicle storage facility (VSF)--A garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking 10 or more vehicles per year.(22) Vehicle transfer--Any movement of a vehicle out of a VSF, prior to its release as prescribed in this chapter.", "sourceNote": "Source Note: The provisions of this §85.10 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136032", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.20", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136033", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) These rules do not apply to a vehicle parked or stored at a VSF with the consent of the vehicle's owner.(b) These rules do not apply to VSFs operated by persons licensed under Texas Occupations Code, Chapter 2301.", "sourceNote": "Source Note: The provisions of this §85.20 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136033", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.200", "label": "License Required--Vehicle Storage Facility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187409", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not operate a VSF unless the person holds a VSF license issued by the department. For purposes of this section, each VSF physical location or lot is a separate facility and must obtain a VSF license.", "sourceNote": "Source Note: The provisions of this §85.200 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187409", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.201", "label": "License Requirements--Vehicle Storage Facility License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136035", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for a VSF license, an applicant must:(1) submit a completed application on a department approved form;(2) pay the fee required under §85.800;(3) provide proof of insurance required under §85.400;(4) successfully pass a criminal background check;(5) provide the name, and address of each partner if the applicant is a partnership;(6) provide the name, and address of each corporate officer, including the president, secretary, and treasurer, if the applicant is a corporation;(7) provide the name, and address of each owner of the VSF and the percentage of ownership interest each holds in the facility;(8) provide the name, and address of the operator or manager of the VSF if it is not operated or managed by one of the owners;(9) provide the facility's physical address, mailing address, and telephone number;(10) state the VSF's storage capacity; and(11) include a statement indicating whether the facility has an all weather surface, signs posted in the proper locations, and lighting, as required by these rules; and(12) adopt the model drug testing policy provided in these rules or file an alternate drug testing policy for approval under these rules.", "sourceNote": "Source Note: The provisions of this §85.201 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective January 15, 2018, 43 TexReg 84." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136035", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.202", "label": "License Approval--Vehicle Storage Facility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136036", "queryAsDate": "03/11/2026" }, "ruleBody": "The department may deny a VSF license application if the applicant:(1) knowingly supplied false or incomplete information on the application;(2) in the three years preceding the date of application, the applicant, a partner, principal, or officer of the applicant, or the general manager of the applicant, was convicted of:(A) a felony; or(B) a misdemeanor punishable by confinement in jail or by a fine exceeding $500; or(3) the VSF for which the license is sought does not meet the standards for storage facilities established by these rules.", "sourceNote": "Source Note: The provisions of this §85.202 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136036", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.203", "label": "License Requirements--Vehicle Storage Facility License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187410", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew VSF license, an applicant must:(1) submit a completed application on a department-approved form;(2) pay the applicable fee required under §85.800; and(3) successfully pass a criminal background check.(b) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the license. A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any functions of a VSF that requires a license under this chapter.(c) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §85.203 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187410", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.204", "label": "License Requirements--Vehicle Storage Facility Employee License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187411", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a VSF employee license, an applicant must:(1) submit a completed application on a department-approved form;(2) pay the fee required under §85.800;(3) successfully pass a criminal background check; and(4) if the applicant for renewal has within the preceding 12-month period tested positive for drugs under §85.725, the applicant must submit a negative drug test to the department.(b) A person may not work at a VSF unless the individual holds:(1) a license issued under this chapter;(2) an incident management towing operator's license under Section 2308.153;(3) a private property towing operator's license under Section 2308.154; or(4) a consent towing operator's license under Section 2308.155.(c) A VSF may not employ a person to work at the VSF unless the person holds a license issued under this chapter or under Chapter 86.(d) For purposes of this chapter, persons operating or managing a VSF as a sole proprietor or other unincorporated business organization are employees of the VSF and required to obtain a VSF employee license or otherwise be licensed under this chapter or under Chapter 86.", "sourceNote": "Source Note: The provisions of this §85.204 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 15, 2018, 43 TexReg 84." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187411", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.206", "label": "License Requirements--Vehicle Storage Facility Employee License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a VSF employee license an applicant must:(1) submit a completed application on a department-approved form;(2) pay the applicable fee required under §85.800;(3) successfully pass a criminal background check; and(4) if the applicant for renewal has within the preceding 12-month period tested positive for drugs under §85.725, the applicant must submit a negative drug test to the department.(b) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the license. A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any duties of a VSF employee that requires a license under this chapter.(c) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §85.206 adopted to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 15, 2018, 43 TexReg 84." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145494", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.207", "label": "License--Notice of Proposed Denial, Opportunity to Comply" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145495", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the department recommends denial of an application for a license under this chapter, the department shall send written notice of the decision to the applicant at the address shown on the application by certified mail, return receipt requested.(b) The notice must state the reason for the department's decision.(c) The notice may state that the decision is temporary pending compliance by the applicant. If the decision is temporary and the applicant complies with this chapter not later than the 14th day after the date the applicant receives the notice, the department may approve the application.", "sourceNote": "Source Note: The provisions of this §85.207 adopted to be effective May 3, 2010, 35 TexReg 3482." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145495", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.208", "label": "Department Notifications to Licensee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145496", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise provided for by statute or this chapter, the department may send notice of department proposed actions and decisions through email sent to the last email address designated by the licensee.", "sourceNote": "Source Note: The provisions of this §85.208 adopted to be effective May 3, 2010, 35 TexReg 3482." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145496", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.209", "label": "Licenses--License Terms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136043", "queryAsDate": "03/11/2026" }, "ruleBody": "A license issued by the department is valid only for the person who applied for the license; applies only to the single VSF or person named on the license; and is valid for 12 months from the date of issuance.", "sourceNote": "Source Note: The provisions of this §85.209 adopted to be effective May 3, 2010, 35 TexReg 3482." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136043", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.400", "label": "Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211899", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant or VSF licensee is responsible for ensuring the electronic submission of a certificate of insurance when applying for an initial license, submitting a license renewal, changing a business name or affiliation, and upon request of the department.(b) The certificate of insurance must be obtained from and submitted by an insurance company licensed to do business in Texas pursuant to the Texas Insurance Code.(c) The facility name and address shown on the proof of insurance form must be the same as the name and address on the license. The VSF licensee is responsible for ensuring that the insurance information on file with the department reflects the correct name and address of the insured facility.(d) The VSF licensee must obtain insurance for the insured facility that meets the following requirements:(1) Insurance coverage shall be in an amount of not less than:(A) $9,000 per claim if the VSF has space to store not more than 50 motor vehicles;(B) $18,000 per claim if the facility has space to store 51 to 99 motor vehicles; and(C) $25,000 per claim if the facility has space to store 100 or more motor vehicles.(2) The VSF licensee's insurance policy must be kept in full force and effect so long as the facility is operating.(3) The certificate of insurance must contain a provision obligating the insurer to give the department thirty-day notice before the effective date of a policy cancellation date. Notice must be in a form acceptable to the department.(e) The department may revoke a VSF license if the insurance has been canceled and a replacement policy has not been filed prior to the cancellation date.", "sourceNote": "Source Note: The provisions of this §85.400 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211899", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.450", "label": "Inspections--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Vehicle storage facilities shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.(b) The department may make information available to licensees and managers regarding best practices for risk-reduction techniques.", "sourceNote": "Source Note: The provisions of this §85.450 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective January 15, 2018, 43 TexReg 84; amended to be effective January 15, 2023, 48 TexReg 39." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187414", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.650", "label": "Towing and Storage Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136048", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board consists of the nine members appointed by the chairman of the commission with the approval of the commission. The nine members include:(1) one representative of a towing company operating in a county with a population of less than one-million;(2) one representative of a towing company operating in a county with a population of one-million or more;(3) one representative of a vehicle storage facility located in a county with a population of less than one-million;(4) one representative of a vehicle storage facility located in a county with a population of one-million or more;(5) one peace officer from a county with a population of less than one-million;(6) one peace officer from a county with a population of one-million or more;(7) one parking facility representative;(8) one representative of a member insurer, as defined by Section 462.004, Insurance Code, of the Texas Property and Casualty Insurance Guaranty Association who automobile insurance in this state; and(9) one person who operates both a towing company and a vehicle storage facility.(b) The advisory board shall include representation for each classification of towing.(c) Advisory board members serve terms of six years, with the terms of two or three members, expiring on February 1 of each odd-numbered year.(1) A member may not serve more than two full consecutive terms.(2) If a vacancy occurs during a term, the chairman of the commission will appoint a replacement who meets the qualifications of the open position to serve for the balance of the term.(d) The chairman of the commission appoints one of the advisory board members to serve as the presiding officer of the advisory board for one year. The presiding officer of the advisory board may vote on any matter before the advisory board.(e) Advisory board members do not receive compensation. They are, subject to the General Appropriations Act, reimbursed for actual and necessary expenses incurred in performing the duties of the advisory board.(f) The advisory board meets twice yearly and may meet at other times at the call of the chairman of the commission or the executive director.(g) The advisory board provides advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, continuing education requirements, and maximum amounts that may be charged for fees related to private property tows.", "sourceNote": "Source Note: The provisions of this §85.650 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective January 15, 2018, 43 TexReg 84." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136048", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.700", "label": "Responsibilities of the Licensee--Proof of Exempt Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136049", "queryAsDate": "03/11/2026" }, "ruleBody": "Vehicle storage facilities shall be responsible for providing proof regarding whether or not a vehicle was stored with the vehicle owner's consent.", "sourceNote": "Source Note: The provisions of this §85.700 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136049", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.701", "label": "Responsibilities of Licensee--Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136050", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee may not engage in false, misleading, or deceptive advertising.", "sourceNote": "Source Note: The provisions of this §85.701 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136050", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.702", "label": "Responsibilities of Licensee--Changes to VSF Operator and VSF Employee License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed VSF operator shall notify the department of changes to any of following information:(1) change in the business name no later than the effective date of the change;(2) change of mailing or physical address no later than the effective date of the change;(3) change in the facility's storage capacity no later than the effective date of the change; or(4) change in the company's drug testing policy.(b) VSF employees licensed under these rules must submit a change of mailing address to the department within thirty days of the change.", "sourceNote": "Source Note: The provisions of this §85.702 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.703", "label": "Responsibilities of Licensee--Notice to Vehicle Owner or Lienholder" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187416", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a vehicle is removed by the vehicle owner or authorized representative within 24 hours after the VSF receives the vehicle, notification as described in subsections (b) - (j) does not apply.(b) The registered owners and lien holders of a vehicle accepted at a VSF shall be notified in the following manner.(1) If a vehicle is registered in Texas, the VSF shall notify the vehicle's registered owner and primary lien holder by certified mail, return receipt requested, registered, or electronic certified mail, within five days, but no sooner than within 24 hours of receipt of the vehicle.(2) If a vehicle is not registered in Texas, the VSF shall notify the vehicle's registered owner and all recorded lien holders within 14 days, but no sooner than within 24 hours of receipt of the vehicle.(c) The operator of a VSF shall send the notice required by subsections (b)(1) and (b)(2) to an address obtained by mail or electronically from:(1) The governmental entity responsible for maintaining the motor vehicle title and registration database for the state in which the vehicle is registered; or(2) A private entity authorized by the governmental entity to obtain title, registration, and lienholder information using a single vehicle identification number search obtained through a secure access portal to the government entity's motor vehicle records.(d) Notification has occurred when the United States Postal Service places its postmark and is timely if:(1) the postmark indicates that the notice was mailed within the period described by subsection (b); or(2) the notice was published as provided by subsection (f).(e) If a VSF sends a notice required under this section after the time mandated by subsections (b)(1) or (b)(2):(1) The deadline for sending any subsequent notice is based on the date that notice was actually sent to the vehicle owner and any lien holders;(2) A VSF may not charge the daily storage fee permissible under Tex. Occ. Code §2303.155(b)(3) until 24 hours after it has sent the notice required under this section.(f) Notice required under this section may be completed by publication in a newspaper of general circulation in the county in which the vehicle is stored if:(1) the vehicle is registered in another state;(2) the VSF submits to the governmental entity that is responsible for maintaining the motor vehicle title and registration database for the state in which the vehicle is registered, or to a private entity that is authorized by the governmental entity to access title, registration, or lienholder information, a written or electronic request for information relating to the identity of the registered owner and any lienholder of record.(3) If mailed, such requests shall be correctly addressed, with sufficient postage, and sent by certified mail, return receipt requested or electronic certified mail, to the governmental entity with which the vehicle is registered requesting information relating to the identity of the last known registered owner and any lienholder of record.(4) the identity of the registered owner cannot be determined;(5) the registration does not contain an address for the registered owner; or(6) the operator of the storage facility cannot reasonably determine the identity and address of each lienholder.(g) Notice by publication is not required if each notice sent in accordance with this Section is returned because:(1) the notice was unclaimed or refused; or(2) the person to whom the notice was sent moved without leaving a forwarding address.(h) Only one notice is required to be published for an abandoned nuisance vehicle.(i) All mailed notifications must be correctly addressed; mailed with sufficient postage; and sent by certified mail, return receipt requested, registered, or electronic certified mail.(1) All mailed notifications shall state:(A) the full licensed name of the VSF where the motor vehicle is located, its street address and telephone number, and the hours the vehicle can be released to the vehicle owner;(B) the daily storage rate, the type and amount of all other charges assessed, and the statement, \"Total storage charges cannot be computed until vehicle is claimed. The storage charge will accrue daily until vehicle is released\";(C) the first date for which a storage fee is assessed;(D) the date the vehicle will be transferred from the VSF and the address to which the vehicle will be transferred if the operator will be transferring a vehicle to a second lot because the vehicle has not been claimed within a certain time;(E) the date the vehicle was accepted for storage and from where, when, and by whom the vehicle was towed;(F) the VSF license number preceded by the words \"Texas Department of Licensing and Regulation Vehicle Storage Facility License Number\" or \"TDLR VSF Lic. No.\";(G) a notice of the towed vehicle owner's right under the Texas Occupations Code, Chapter 2308, to challenge the legality of the tow involved; and(H) the name, mailing address, and toll-free telephone number of the department for purposes of directing questions or complaints.(2) All published notifications shall state:(A) the full name, street address, telephone number, and VSF license number, and the Department's internet address;(B) a description of the vehicle; and(C) the total amount of charges assessed against the vehicle.(3) Notices published in a newspaper may contain information for more than one towed vehicle.(j) If authorized, a notification fee may not be charged unless actual notice has been given as required under this section.", "sourceNote": "Source Note: The provisions of this §85.703 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective March 15, 2014, 39 TexReg 1704; amended to be effective January 15, 2018, 43 TexReg 84." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187416", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.704", "label": "Responsibilities of Licensee--Second Notice; Consent to Sale" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154699", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a vehicle is not claimed by a person permitted to claim the vehicle before the 10th day after the date notice is mailed or published under §85.703, the operator of the VSF shall consider the vehicle to be abandoned and, if required by the law enforcement agency with jurisdiction where the vehicle is located, must report the abandonment to the law enforcement agency. If the law enforcement agency notifies the VSF that the agency will send notices and dispose of the abandoned vehicle under Subchapter B, Chapter 683, Transportation Code, the VSF shall pay the fee required under Section 683.031, Transportation Code.(b) If the vehicle is not claimed, the second notice shall be sent no earlier than the 15th day, and no later than the 21st day, after the date the first notice is mailed or published under §85.703. The operator of a VSF shall send a second notice to the registered owner and each recorded lienholder of the vehicle if the facility:(1) was not required to make a report under Subsection (a); or(2) has made a required report under Subsection (a) and the law enforcement agency:(A) has notified the facility that the law enforcement agency will take custody of the vehicle;(B) has not taken custody of the vehicle; or(C) has not responded to the report.(c) If the VSF sends a second notice after the 21st day on which the first notice was mailed or published, it may not charge a daily storage fee authorized under §85.722(d) until 24 hours after the second notice is mailed or published.(d) Notice under this section must include:(1) the information listed in §85.703(h)(1)(A) - (H);(2) a statement of the right of the facility to dispose of the vehicle under subsections (a) and (b);(3) a statement that the failure of the owner or lienholder to claim the vehicle and personal property before the 30th day after the date the notice if provided is:(A) a waiver by that person of all right, title, or interest in the vehicle and personal property; and(B) a consent to the sale of the vehicle at a public sale.(e) Notwithstanding subsection (a), if publication is required for notice under this section, the notice must include:(1) the information listed in §85.703(i)(2); and(2) a statement that the failure of the owner or lienholder to claim the vehicle before the date of the sale is:(A) a waiver of all right, title, and interest in the vehicle;(B) and a consent to the sale of the vehicle at a public sale.(f) The operator shall pay any excess proceeds to the person entitled to those proceeds.", "sourceNote": "Source Note: The provisions of this §85.704 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective March 15, 2014, 39 TexReg 1704; amended to be effective January 15, 2018, 43 TexReg 84." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154699", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.705", "label": "Responsibilities of Licensee--Report to Law Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154700", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A vehicle storage facility accepting a vehicle that is towed under this chapter shall, within two hours after receiving the vehicle, report to the local law enforcement agency with jurisdiction over the area from which the vehicle was towed:(1) a general description of the vehicle;(2) the state and number of the vehicle's license plate, if any;(3) the vehicle identification number of the vehicle, if it can be ascertained;(4) the location from which the vehicle was towed; and(5) the name and location of the vehicle storage facility where the vehicle is being stored.(b) The report required by this section must be made by:(1) telephone;(2) electronically;(3) delivered personally;(4) by facsimile; or(5) in any manner prescribed by a law enforcement agency.(c) VSF records shall indicate specifically to whom the report required by subsection (b) was reported and in what manner, as well as the time and date of the report, or the unique control or tracking number assigned to the report by local law enforcement documenting the report.(d) This section does not apply to a vehicle received as a result of an incident management tow requested by law enforcement unless the law enforcement agency requests a report of incident management tows within its jurisdiction.", "sourceNote": "Source Note: The provisions of this §85.705 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 16, 2012, 37 TexReg 112." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154700", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.706", "label": "Responsibilities of Licensee--Documentation and Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136056", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Retention of written documentation. Vehicle storage facility licensees must maintain a copy of the original written documentation regarding their operations for a period of two years from the date of the release or disposal of the vehicle. Written documentation shall be in the form of:(1) motor vehicle registration checks;(2) notification letters;(3) certified return receipts;(4) tow tickets (if applicable);(5) bills for service;(6) auction sales receipts;(7) inventory (if applicable);(8) certificates of authority to demolish; and(9) any authorized document used to release a vehicle, including but not limited to a title, affidavit of right of possession and control, or court order.(b) Minimum information. Each licensee shall keep written records on each vehicle kept or stored at the VSF. These records shall contain:(1) the year, make, model, color, correct license plate number, state issuing the license, and correct vehicle identification number of the vehicle;(2) the date, time and location from which the vehicle was towed, and name of person or company who authorized the tow;(3) the tow operator's TDLR license number, the name of the company that towed the vehicle, and the license plate numbers of plates issued to the tow truck under Transportation Code, §502.180, and §504.508;(4) the date the vehicle was released, the name of the individual to whom the vehicle was released, and the type of identification (Texas drivers license or other state or federally issued photo identification) and identification number provided by the individual to whom the vehicle was released;(5) the date of any vehicle transfer, and the address of the location to which the vehicle was transferred along with the name of the towing company and towing operator's with TDLR license number, who made the transfer;(6) a copy of any certificate of title issued after the vehicle came into the possession of the VSF, any certificate of authority to demolish, any law enforcement auction sales receipt, or any transfer document issued by the State of Texas for the vehicle if vehicle ownership has been transferred due to any action of the VSF or if the vehicle has been disposed of or demolished; and(7) all amounts received at the time the vehicle was released, including the specific nature of each charge.(c) Nonconsent tow tickets. The VSF shall ensure that nonconsent tow tickets (if applicable) contain the licensed name of the towing company, publicly listed telephone number, the towing company certificate of registration number and the TDLR license number of the towing operator.(d) Regulatory documents. A VSF may not accept a vehicle for storage unless the VSF makes and maintains a copy of the towing operator's valid TDLR operator's license and tow truck cab card for the operator and truck delivering the vehicle for storage. The copies required by this subsection must be current and valid on the date a vehicle is delivered to the VSF for storage.(e) Availability of documentation. All documents required by this chapter shall be made available by the licensee, the licensee's agent, or the licensee's employee for inspection and copying upon request by department personnel, or a law enforcement officer, during the same hours the VSF must ensure that vehicles are available for release to the vehicle owner.(f) Care and custody of records. Required records shall be kept under the care and custody of the licensee for at least two years from the date the vehicle was released or disposed of.", "sourceNote": "Source Note: The provisions of this §85.706 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 16, 2012, 37 TexReg 112." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136056", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.707", "label": "Responsibilities of Licensee--Notice of Complaint Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154701", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each VSF shall notify the vehicle owner of the department's website and email address, mailing address, and telephone number, for purposes of directing complaints regarding the vehicle storage to the department.(b) The licensee may use a legible sticker or rubber stamp to convey the required information required by subsection (a). The notice shall be included on:(1) a sign prominently displayed to the public at the place of payment, with letters at least one inch in height, and a contrasting background; and(2) the front page of any bill for service.", "sourceNote": "Source Note: The provisions of this §85.707 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154701", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.708", "label": "Responsibilities of Licensee--Rights of Owner or Authorized Representative" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145502", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A VSF must allow a person claiming to be the owner of a vehicle stored or parked at the facility to have access to the vehicle's glove compartment, console, or other interior storage area if documents necessary to establish the person's identity or ownership of the vehicle are located in the glove compartment, console, or other interior storage area.(b) When a person demonstrates ownership or right to possession of a motor vehicle stored at a VSF, the person or his/her authorized representative shall:(1) be entitled to inspect a copy of the tow ticket for the motor vehicle and shall not be required to pay any fees or charges before doing so (reasonable opportunity to view the tow ticket displayed behind a glass enclosure satisfies this requirement);(2) be given access to, and be allowed to remove, any personal belongings in the vehicle, unless otherwise indicated by a law enforcement officer (the VSF must require a receipt from the person to whom the personal belongings are released for any such property removed from the stored vehicle by the vehicle owner or authorized representative);(3) have access, during normal business hours, to the vehicle for the purposes of insurance and/or repair estimates; and(4) on request have access to the current nonconsent towing fees schedule relating to required posting at a VSF for the towing company that towed the vehicle to the VSF.(c) When right of possession is demonstrated by submission of a proof of loss claim form from an insurance company, subsection (b)(2) does not apply.(1) For purposes of this subsection, when an insurance company presents a proof of loss claim form, the term \"access\" includes, but is not limited to:(A) verifying the present existence of such vehicle,(B) confirming the loss,(C) taking measurements and photographs of the interior and exterior of said vehicle,(D) recording or attempting to ascertain mileage,(E) verifying the VIN plate or label,(F) opening or attempting to open doors, hood or trunk panels,(G) writing a repair estimate, documenting features, options and conditions, and(H) when authorized by the owner, operator or lessee of the vehicle, removing the vehicle from the VSF.(2) Upon the request of an insurer presenting a proof of loss claim form, or upon the request of a tow truck operator possessing a notice of right of possession for salvage form, a VSF shall provide a legible copy of the tow ticket created by the towing operator responsible for towing the vehicle to the VSF to either:(A) the insurer, within three business days of the insurer presenting the proof of loss claim form; or(B) the tow truck operator, at the time the tow truck operator presents a copy of the notice of right to possession for salvage form to the VSF.(3) The VSF may provide the copy of the tow ticket to the insurer, via regular mail, facsimile, or by other electronic means, provided the insurer provides the VSF with a specific mailing address, facsimile phone number, web address or email address to which to send the tow ticket.(d) A VSF may not request a vehicle owner or operator to sign an authorization form for a tow, repair or any other service if the storage of the vehicle is the result of a tow initiated by law enforcement.", "sourceNote": "Source Note: The provisions of this §85.708 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective January 16, 2012, 37 TexReg 112." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145502", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.709", "label": "Responsibilities of Licensee--Unpermitted Tow Trucks Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166393", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless authorized by another law or regulation, a VSF shall not allow a tow truck that is not permitted under Texas Occupations Code, Chapter 2308, to enter the storage area of the facility.", "sourceNote": "Source Note: The provisions of this §85.709 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166393", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.710", "label": "Release of Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175217", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Release of vehicles. The VSF must comply with the following requirements when releasing vehicles.(1) The VSF shall comply with all provisions of Texas Occupations Code, Chapter 2308, Subchapter J, relating to the rights of the owner of a stored vehicle, including providing the name, address, and telephone number of:(A) each justice court in the county from which the vehicle was towed or, for booted vehicles, the county in which the parking facility is located, or the address of an Internet website maintained by the Office of Court Administration of the Texas Judicial System that contains the name, address, and telephone number of each justice court in that county; and(B) the name, address and telephone number of the person or law enforcement agency that authorized the tow.(2) The VSF shall provide the owner or the owner's representative with a tow ticket. The tow ticket may be combined with a VSF Invoice; provided, the combined tow ticket and VSF Invoice comply with the following requirements:(A) tow charges must be separated from VSF storage charges and each category of charges must be preceded by a heading or label identifying the charges as \"Tow Charges\" or \"Storage Charges\";(B) tow charges must appear on the combined statement of charges exactly as stated on the tow ticket prepared by the tow operator and provided to the VSF at the time the vehicle is presented for storage; and(C) the combined statement of charges meet and contain all required elements of a separate VSF invoice and tow ticket; provided the license number and name of the tow operator may be excluded.(3) The VSF shall allow the vehicle owner or authorized representative to obtain possession of the vehicle, including payment at the location of the stored vehicle, at any time between the hours listed on the facility information sign posted as described in §85.1003, upon payment of all fees due, presentation of valid identification (Texas drivers license or other state or federally issued photo identification), and upon presentation of:(A) a notarized power-of-attorney;(B) a court order;(C) a certificate of title;(D) a tax collector's receipt and a vehicle registration renewal card accompanied by a conforming identification;(E) name and address information corresponding to that contained in the files of the Texas Department of Motor Vehicles;(F) a current automobile lease or rental agreement executed by the operator of the vehicle or a person holding a power of attorney executed by the person named in the lease agreement;(G) appropriate identification of any state or federal law enforcement agency representative;(H) the most recent version of a department-approved form or electronic version of a department-approved form published on the department's website, www.tdlr.texas.gov; which the VSF must make available to the vehicle owner or person seeking possession of or access to the vehicle; or(I) evidence of financial responsibility (insurance card), as required by Transportation Code §601.051, as an additional form of identification that establishes ownership or right of possession or control of the vehicle.(4) A VSF may not refuse to release a vehicle to the owner or operator of the vehicle or require a sworn affidavit of the owner or operator of the vehicle solely because the owner or operator presents valid photo identification issued by this state, another state, or a federal agency that includes a different address than the address contained in the title and registration records of the vehicle.(5) Paragraph (3) does not require a VSF to release a vehicle to the owner or operator of the vehicle if the owner or operator of the vehicle does not:(A) pay the charges for services regulated under this chapter or Chapter 86 of this title, including charges for and associated with delivery or storage of the vehicle; and(B) present valid photo identification issued by this state, another state, a federal agency or a foreign government.(6) If it accepts vehicles 24 hours a day, all VSFs shall have vehicles available for release 24 hours a day within one hour's notice.(7) If a VSF does not accept vehicles 24 hours a day, such facility must have vehicles available for release within one hour between the hours of 8:00 a.m. and midnight Monday-Saturday and from 8:00 a.m. to 5:00 p.m. on Sundays except for nationally recognized holidays. It is not the intent of this section to require release of vehicles after midnight, and refusal to release after that time, even with notice after 11:00 p.m., is not a violation of this section.(b) A VSF may not require an owner, operator or agent of an owner or operator of a vehicle to sign an authorization or release form to release the vehicle from the VSF if that form:(1) changes the status of the law enforcement initiated tow from a nonconsent status to a consent tow status;(2) changes the status of the storage resulting from a nonconsent tow from a nonconsent storage status to a consent storage status; or(3) imposes any additional charges not regulated by the department.(c) A person may not execute, submit or use a department-approved form or other document which contains a false, fictitious, dishonest, or fraudulent statement of a material fact used for the purpose of obtaining possession of or access to a motor vehicle stored by a facility licensed under Texas Occupations Code, Chapter 2303.(1) For purposes of this section, a false, fictitious, dishonest, or fraudulent statement related to authorization from the vehicle owner to the person or entity named in the form or document is a material fact.(2) Conduct found by the commission or the executive director by final order to have violated this section shall be deemed fraudulent and dishonest conduct.", "sourceNote": "Source Note: The provisions of this §85.710 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective September 1, 2010, 35 TexReg 7786; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective August 15, 2013, 38 TexReg 5060; amended to be effective March 15, 2014, 39 TexReg 1704." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175217", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.711", "label": "Responsibilities of Licensee--Forms of Payment for Release of Vehicle" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136061", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to other forms of payment accepted by the VSF, including a governmental VSF, a VSF must accept cash, debit cards and credit cards.(b) A VSF in violation of subsection (a), in addition to administrative penalties, may not charge for the storage of a vehicle beyond the date payment by credit card is tendered.", "sourceNote": "Source Note: The provisions of this §85.711 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective January 1, 2016, 40 TexReg 9122." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136061", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.712", "label": "Responsibilities of Licensee--Release of Vehicles; Payment by Lienholder or Insurance Company" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136062", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A lienholder who repossesses a vehicle delivered to a VSF is liable to the operator of the facility for any money owed to the operator in relation to delivery of the vehicle to or storage of the vehicle in the facility regardless of whether an amount accrued before the lienholder repossessed the vehicle.(b) An insurance company that pays a claim of total loss on a vehicle in a VSF is liable to the operator of the facility for any money owed to the operator in relation to delivery of the vehicle to or storage of the vehicle in the facility regardless of whether an amount accrued before the insurance company paid the claim.", "sourceNote": "Source Note: The provisions of this §85.712 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136062", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.713", "label": "Responsibilities of Licensee--Release of Vehicles From Law Enforcement Hold" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136063", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensee may not refuse to release the vehicle to the vehicle's owner or insurance company due to nonpayment by the law enforcement agency that directed the towing and storage of the vehicle for evidentiary or examination purposes.(b) Pursuant to 37 Texas Administrative Code §4.16, relating to commercial vehicle rules and enforcement procedures, a commercial motor vehicle stored at the direction of the Texas Department of Public Safety shall not be released until the amount of delinquent administrative penalty assessed against the vehicle owner has been paid.", "sourceNote": "Source Note: The provisions of this §85.713 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136063", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.714", "label": "Responsibilities of Licensee--Provide Insurance Information to Vehicle Owner" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136064", "queryAsDate": "03/11/2026" }, "ruleBody": "Upon request by the vehicle owner or the vehicle owner's authorized representative, the licensee shall provide the name, address, and telephone number of the insurance company that is providing required liability insurance coverage to the facility, in addition to the facility's insurance policy or certificate number for purposes of filing a claim for loss or damage of property. The insurance information shall be the same as that on file with the department.", "sourceNote": "Source Note: The provisions of this §85.714 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136064", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.715", "label": "Responsibilities of Licensee--Publicly Listed Telephone Number" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136065", "queryAsDate": "03/11/2026" }, "ruleBody": "All VSFs shall have a publicly listed telephone where the VSF can be contacted. If the telephone number is changed from the number in the most recent VSF application, the VSF shall give the department written notice of the change prior to the date the new number is used. The notice shall include the storage lot's name, its location, its license number, the old telephone number, and the new telephone number.", "sourceNote": "Source Note: The provisions of this §85.715 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136065", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.716", "label": "Responsibilities of Licensee--Inspection of Stored Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136066", "queryAsDate": "03/11/2026" }, "ruleBody": "When the VSF accepts a vehicle towed without the vehicle owner's consent, the VSF shall inspect the vehicle and note as an addition on the tow ticket any differences from the information previously set out thereon, but shall not write over or deface any prior writing on the tow ticket. If the license plate number or vehicle identification number on the tow ticket is incorrect, the VSF shall note on its records the correct number and notify every previously advised person within 48 hours of noting the correct information.", "sourceNote": "Source Note: The provisions of this §85.716 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136066", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.717", "label": "Responsibilities of Licensee--Removal of Parts; Dismantling or Demolishing Stored Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136067", "queryAsDate": "03/11/2026" }, "ruleBody": "Except as provided for by these rules, no parts shall be removed from any vehicle, and no vehicle shall be dismantled or demolished within the storage area of a licensed VSF. Vehicles may be dismantled or demolished only if the VSF has a certificate of title, certificate of authority to demolish, police auction sales receipt, or transfer document issued by the State of Texas for the vehicle being dismantled or demolished.", "sourceNote": "Source Note: The provisions of this §85.717 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136067", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.718", "label": "Responsibilities of Licensee--Use of Stored Vehicles Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136068", "queryAsDate": "03/11/2026" }, "ruleBody": "No stored vehicle may be used for personal or business use without the written consent of the vehicle's owner.", "sourceNote": "Source Note: The provisions of this §85.718 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136068", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.719", "label": "Responsibilities of Licensee--Reasonable Storage Efforts; Impoundment of Stored Vehicles; Impoundment Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154691", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reasonable storage efforts. A VSF operator shall make reasonable efforts necessary for the storage of a vehicle, such as locking doors, rolling up windows, and closing doors, hatchbacks, sunroofs, trunks, hoods, or convertible tops. Such actions are included in the storage fee as set forth in this chapter.(b) Impoundment of stored vehicles. If doors, windows, convertible tops, hatchbacks, sun roofs, trunks, or hoods are broken or inoperative, materials such as plastic or canvas tarpaulins must be used to ensure the impoundment of the stored vehicle.(c) Impoundment Fees. A VSF operator is entitled to charge a fee for impoundment if, in addition to the requirements set out in subsection (b), the VSF operator, at a minimum:(1) conducts a written inventory of any unsecured personal property contained in the vehicle;(2) removes and stores all such property for which safekeeping is necessary, and specifies such removal and storage on the written inventory; or(3) obtains motor vehicle registration information for the vehicle from the Texas Department of Transportation or analogous state agency.", "sourceNote": "Source Note: The provisions of this §85.719 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154691", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.720", "label": "Responsibilities of Licensee--Repair; Alteration of Stored Vehicles Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136070", "queryAsDate": "03/11/2026" }, "ruleBody": "A vehicle accepted for storage may not be repaired, altered, or have parts removed or replaced without consent of the vehicle owner or owner's authorized representative.", "sourceNote": "Source Note: The provisions of this §85.720 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective January 16, 2012, 37 TexReg 112." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136070", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.721", "label": "Responsibilities of Licensee--Vehicle Transfers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216177", "queryAsDate": "03/11/2026" }, "ruleBody": "When a motor vehicle has been delivered to a VSF, the vehicle may not be moved from that facility within the first 31 days of storage without the vehicle owner's authorization. If it becomes necessary to move the vehicle during the first 31 days of storage because of VSF capacity problems, neither the registered vehicle owner nor recorded lienholder(s) may be assessed an additional charge. The VSF must send notice in accordance with these rules, except that the notice must be sent no less than 72 hours prior to moving the vehicle. If a vehicle is moved from a VSF, the licensee shall:(1) charge only those fees otherwise permitted by §85.722 after the vehicle is towed to another location without the vehicle owner's permission;(2) retain records and inform the vehicle owner upon request of the location where the vehicle is at all times from the date on which the vehicle is transferred from the VSF until such time as the vehicle is recovered by the vehicle owner, or a new certificate of title, a certificate of authority to demolish, a police auction sales receipt, or a transfer document is issued by the State of Texas; and(3) maintain a record of the ultimate disposition of the vehicle, including the date and name of the person to whom the vehicle is released or a description of the document under which the vehicle was sold or demolished.", "sourceNote": "Source Note: The provisions of this §85.721 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216177", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.722", "label": "Responsibilities of Licensee--Storage Fees and Other Charges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136072", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of this section, \"VSF\" includes a garage, parking lot, or other facility that is:(1) owned by a governmental entity; and(2) used to store or park at least 10 vehicles each year.(b) The fees outlined in this section have precedence over any conflicting municipal ordinance or charter provision.(c) Notification fee.(1) A VSF may not charge a vehicle owner or authorized representative more than $50 for notification under these rules. If a notification must be published, and the actual cost of publication exceeds 50% of the notification fee, the VSF may recover the additional amount of the cost of publication. The publication fee is in addition to the notification fee.(2) If a vehicle is removed by the vehicle owner or authorized representative within 24 hours after the date the VSF receives the vehicle, notification is not required by these rules.(3) If a vehicle is removed by the vehicle owner or authorized representative before notification is sent or within 24 hours from the time VSF receives the vehicle, the VSF may not charge a notification fee to the vehicle owner.(d) Daily storage fee. A VSF may charge $20 for each day or part of a day for storage of a vehicle that is 25 feet or less in length and may charge $35 for each day or part of a day for storage of a vehicle that exceeds 25 feet in length, subject to a biennial adjustment as set forth in Texas Occupations Code §2303.1552(b)(1).(1) Per the 2023 biennial adjustment, the maximum amount that a VSF may charge for a daily storage fee is as follows:(A) Vehicle that is 25 feet or less in length: $22.85.(B) Vehicle that exceeds 25 feet in length: $39.99.(2) A daily storage fee may be charged for any part of the day, except that a daily storage fee may not be charged for more than one day if the vehicle remains at the VSF less than 12 hours. In this paragraph a day is considered to begin and end at midnight.(3) A VSF that has accepted into storage a vehicle registered in this state shall not charge for more than five days of storage fees until a notice, as prescribed in §85.703 of these rules, is mailed or published.(4) A VSF that has accepted into storage a vehicle not registered in Texas shall not charge for more than five days of storage before the date the request for owner information is sent to the appropriate governmental entity or to the private entity authorized by that governmental entity to obtain title, registration, and lienholder information using a single vehicle identification inquiry.(5) A VSF shall charge a daily storage fee after notice, as prescribed in §85.703, is mailed or published for each day or portion of a day the vehicle is in storage until the vehicle is removed and all accrued charges are paid.(e) Impoundment fee. A VSF may charge a vehicle owner or authorized representative an impoundment fee of $20, subject to a biennial adjustment as set forth in Texas Occupations Code §2303.1552(b)(1). Per the 2023 biennial adjustment, the maximum amount that a VSF may charge for an impoundment fee is $22.85. If the VSF charges a fee for impoundment, the written bill for services must specify the exact services performed for that fee and the dates those services were performed.(f) Governmental or law enforcement fees. A VSF may collect from a vehicle owner or authorized representative any fee that must be paid to a law enforcement agency, the agency's authorized agent, or a governmental entity.(g) Additional fees. A VSF may not charge additional fees related to the storage of a vehicle other than fees authorized by these rules or a nonconsent-towing fee authorized by Texas Occupations Code, §2308.2065.", "sourceNote": "Source Note: The provisions of this §85.722 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective January 15, 2018, 43 TexReg 84; amended to be effective November 1, 2019, 44 TexReg 6365; amended to be effective November 1, 2021, 46 TexReg 7399; amended to be effective January 15, 2024, 49 TexReg 38." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136072", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.723", "label": "Responsibilities of Licensee--Disposal of Certain Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136073", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. A VSF operator may not dispose of a vehicle unless the operator has complied with all provisions of the Act, including §§2303.151 - 2303.154 and §2303.157, concerning notification and disposal of abandoned vehicles.(b) Documentation and records. A VSF operator shall keep complete and accurate records of any vehicle disposed of under these rules. These records shall include:(1) a copy of all forms completed by the VSF and provided to the vehicle buyer;(2) copies of all notifications issued to the registered owner and all recorded lienholders, regardless of whether the notifications were mailed or published; and(3) a copy of all forms submitted to governmental authorities to dispose of and demolish an abandoned nuisance vehicle.", "sourceNote": "Source Note: The provisions of this §85.723 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136073", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.724", "label": "Responsibilities of Licensee--Disposition of Abandoned Nuisance Vehicle" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162964", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A VSF that holds an abandoned nuisance vehicle is not required to send or publish a second notice and is entitled to dispose of the vehicle on the 30th day after the date the notice is mailed or published under §2303.151 or §2303.152 of the Act.(b) The VSF must:(1) notify the Texas Department of Transportation that notices under Chapter 683, Transportation Code, have been provided and shall pay a fee to the Texas Department of Transportation; or(2) notify the appropriate law enforcement agency and pay a fee to that agency.(c) A law enforcement agency described by subsection (b)(2) may sign a document issued by the Texas Department of Transportation.(d) Public sale. A VSF may dispose of a vehicle through a public sale in compliance with §2303.157 of the Act. Disputes over the sale or dispersal of proceeds from the sale of the vehicle may be pursued through a court of appropriate jurisdiction.", "sourceNote": "Source Note: The provisions of this §85.724 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162964", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.725", "label": "Responsibilities of Licensee--Drug Testing Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166394", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A VSF adopting paragraphs (1) - (12) will comply with Texas Occupations Code, §2303.160. (1) Purpose and Scope. This drug testing policy provides guidance to supervisors and VSF employees about their responsibilities under this policy. Except as stated in paragraph (12), this policy applies to all VSF employees and all VSF job applicants. (2) Definitions. The words and terms used in this policy shall have their ordinary meaning unless the words or terms are used in Texas Occupations Code, Chapter 2303 or Title 49 Code of Federal Regulation Part 40, in which event the words or terms shall have the meaning designated in those regulations. (3) Consent Form. (A) Before a drug test is administered, VSF employees and applicants are required to sign a consent form authorizing the test and permitting release of test results to the medical review officer (MRO), the company, and the department. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the drug testing policy. (B) The consent form shall set forth the following information: (i) the procedure for confirming and verifying an initial positive test result; (ii) the consequences of a verified positive test result; and (iii) the consequences of refusing to undergo a drug test. (C) The consent form also provides authorization for certified or licensed attending medical personnel to take and have analyzed appropriate specimens to determine if the tested drugs were present in the towing operator's and applicant's system. (4) Compliance with Drug Testing Policy. The failure or refusal by a VSF employee or applicant to cooperate fully by signing necessary consent forms or other required documents or the failure or refusal to submit to any test or any procedure under this policy in a timely manner will be grounds for refusal to hire or for termination. The submission by an applicant or employee of a urine sample that is not his/her own or is a diluted specimen shall be grounds for refusal to hire or for termination. (5) General Rules. This drug testing policy is governed by these general rules: (A) VSF employees shall not take or be under the influence of any drugs unless prescribed by the employee's licensed physician. (B) VSF employees are prohibited from engaging in the manufacture, sale, distribution, use, or unauthorized possession of illegal drugs at any time. (C) All VSF property is subject to inspection at any time without notice. There should be no expectation of privacy in or on such property. VSF property includes, but is not limited to, vehicles, desks, containers, files, and lockers. (D) Any VSF employee convicted of violating a criminal drug statute shall inform his/her supervisor of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction occurring. Failure to inform the supervisor subjects the employee to disciplinary action up to and including termination for the first offense. The VSF will notify the Texas Department of Licensing and Regulation of the conviction (including pleas of guilty and nolo contendere). (6) Types of Tests. (A) Pre-employment. All applicants for positions requiring a VSF employee license, who have received a conditional offer of employment, must take a drug test before receiving a final offer of employment. (B) Annual. All VSF employees employed by a VSF must complete at least one scheduled drug test each 12-month period from the date of the initial license or renewal. (C) Random Testing. In addition to annual testing, VSF employees are subject to random urine drug testing. Under this policy, annual random test for drugs of at least 25 percent of the total number of VSF employees is required. (i) A minimum of 15 minutes and a maximum of two hours will be allowed between notification of a VSF employee for random urine drug testing and the actual presentation for specimen collection. (ii) Random donor selection dates will be unannounced with unpredictable frequency. (iii) Each licensed VSF participating in a consortium must ensure that the consortium performs random drug testing on at least 25% of the total number of the licensed VSF employees participating in and tested by the consortium. (D) Return-to-Duty and Follow-Up. (i) Any VSF employee who has violated this drug testing policy and is allowed to return to work must submit to a return-to-duty test. Follow-up tests will be unannounced, and at least six tests will be conducted in the first 12 months after a VSF employee returns to duty. Follow-up testing may be extended for up to 60 months following return to duty. The test results of all return to duty and follow-up must be negative. (ii) The VSF employee will be required to pay for his or her return-to-duty and follow-up tests accordingly. (7) Drug Testing. The drugs for which tests are required under this policy are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates. (8) Specimen Collection Procedures. (A) All urine specimens will be collected by a laboratory that is certified and monitored by the federal Department of Health and Human Services (DHHS). (B) Drug testing procedures include split specimen procedures. Each urine specimen is subdivided into two bottles labeled as a \"primary\" and a \"split\" specimen. Only the primary specimen is opened and used for the urinalysis. The split specimen bottle remains sealed and is stored at the laboratory. (C) If the analysis of the primary specimen confirms the presence of drugs, the VSF employee has 72 hours to request sending the split specimen to another federal DHHS certified laboratory for analysis. The VSF employee will be required to pay for his or her split specimen test(s). (D) For the VSF employee's protection, the results of the analysis will be confidential except for the testing laboratory. After the MRO has evaluated a positive test result, the VSF employee will be notified, and the MRO will notify the company. (E) The VSF will notify the department of the positive test result. Notification to the department must occur within 3 days of receipt of the confirmed test results from the MRO. The notification must include the: (i) VSF employee's name; (ii) VSF employee license number; (iii) date of the positive test; (iv) substance detected by the drug test; and (v) disciplinary action imposed for violation of the drug testing policy. (9) Reporting and Reviewing of Drug Testing Results. (A) The company shall designate a medical review officer (MRO) to receive, report, and store testing information transmitted by the laboratory. This person shall be a licensed physician with knowledge of substance abuse disorders. (B) The laboratory shall report test results only to the designated MRO, who will review them in accordance with accepted guidelines and the procedures adopted by the federal Department of Transportation. (C) Reports from the laboratory to the MRO shall be in writing or by fax. The MRO may talk with the VSF employee by telephone upon exchange of acceptable identification. (D) Neither the company, the laboratory, nor the MRO shall disclose any drug test results to any other person except under written authorization from the VSF employee, unless such results are necessary in the process of resolution of accident (incident) investigations, requested by court order, or required to be released to parties having a legal right-to-know as determined by state and federal law. (10) Distribution of Information to VSF Employee. The minimal distribution of information for all VSF employees will include the display and distribution of: (A) informational material on the physical and mental effects of drugs; (B) an existing community services hotline number, available drug counseling, rehabilitation, and assistance program; (C) the company's policy regarding the use of prohibited drugs and/or alcohol; and (D) the consequences or disciplinary action that may be imposed upon VSF employees for violating the drug policy. (11) Consequences of a Confirmed Positive Drug Test. (A) Job applicants will be denied employment if their initial positive pre-employment drug test results have been confirmed. (B) If a VSF employee's positive drug test result has been confirmed, the VSF employee will stand down from VSF duties and may be subject to disciplinary action up to and including termination. (C) The company may consider the following factors in determining the appropriate disciplinary response: the VSF employee's work history, length of employment, current work assignment, current job performance, and existence of past disciplinary actions. (D) No disciplinary action may be taken pursuant to this drug policy against VSF employees who voluntarily identify themselves as drug users, obtain counseling, rehabilitation and comply with return to duty and follow-up drug testing. (12) Exceptions. (A) VSF employees subject to random drug testing under Title 49 Code of Federal Regulation, Part 40 who have been randomly tested in the 12-month reporting period are exempt from the annual test requirement, provided that the VSF employee tested negative and the negative test results are submitted to and verified by the MRO. (B) VSF employees holding a valid towing operator license issued by the department who are tested for drugs in accordance with 16 Texas Administrative Code Chapter 86 are exempt from this section. (b) Independent drug testing policy. (1) A VSF may file an independent drug testing policy. (2) The filing must describe how the independent drug testing policy is as stringent as each provision of the model policy set forth in subsection (a). (c) Compliance. A VSF must adopt and implement a drug testing policy compliant with subsection (a) or (b).", "sourceNote": "Source Note: The provisions of this §85.725 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective August 15, 2013, 38 TexReg 5060." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166394", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.726", "label": "Responsibilities of Licensee--Honesty, Trustworthiness, and Integrity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187418", "queryAsDate": "03/11/2026" }, "ruleBody": "A person licensed under this chapter must conduct vehicle storage facility operations with honesty, trustworthiness, and integrity.", "sourceNote": "Source Note: The provisions of this §85.726 adopted to be effective March 15, 2014, 39 TexReg 1704." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187418", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.800", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136076", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application fees.(1) Vehicle Storage Facility License(A) Original Application--$250(B) Renewal--$250(2) Vehicle Storage Facility Employee License(A) Original Application--$75(B) Renewal--$75(b) Revised/Duplicate License/Certificate/Permit/Registration--$25(c) Late renewals fees for licenses under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(d) All fees are nonrefundable.", "sourceNote": "Source Note: The provisions of this §85.800 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 15, 2018, 43 TexReg 84." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136076", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.900", "label": "Administrative Sanctions and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136077", "queryAsDate": "03/11/2026" }, "ruleBody": "A person that violates Texas Occupations Code, Chapter 2303, a rule, or an order of the Executive Director or Commission relating to Texas Occupations Code, Chapter 2303, will be subject to administrative sanctions and/or administrative penalties under Texas Occupations Code, Chapters 51 and 2303 and applicable agency rules.", "sourceNote": "Source Note: The provisions of this §85.900 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136077", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.1000", "label": "Technical Requirements--Facility Fencing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136078", "queryAsDate": "03/11/2026" }, "ruleBody": "Enclosure and security of stored vehicles.(1) Fencing. If not enclosed by a five-foot high fence on or before September 1, 1985, all VSFs shall be completely enclosed by a fence at least six feet high with a gate, which is locked at all times when the licensee or an agent or employee is not at the storage lot. No two VSFs may operate within the same fenced area.(2) Security of vehicles.(A) No vehicle may be stored or kept at any licensed VSF unless it is kept inside the fenced or enclosed area at all times. For purposes of this subparagraph, the term \"enclosed\" shall mean inside a building.(B) A vehicle accepted for storage in a VSF must be secured to prevent theft of the vehicle or its contents, including but not limited to locking doors, closing windows and hatchbacks, and raising or covering convertible tops.", "sourceNote": "Source Note: The provisions of this §85.1000 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136078", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.1001", "label": "Technical Requirements--Storage Lot Surface" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136079", "queryAsDate": "03/11/2026" }, "ruleBody": "All VSFs shall have an all-weather surface such as concrete, asphalt, black-top, stone, macadam, limestone, iron ore, gravel, shell, or caliche, that enables the safe and effective movement of stored vehicles upon all portions of the lot, both under their own power and under tow, at all times, regardless of prevailing weather conditions. The surface shall also be free of overgrown vegetation.", "sourceNote": "Source Note: The provisions of this §85.1001 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136079", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.1002", "label": "Technical Requirements--Storage Lot Lighting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187419", "queryAsDate": "03/11/2026" }, "ruleBody": "All VSFs shall maintain illumination levels adequate for nighttime release of vehicles. The term \"adequate\" shall mean sufficient to allow inspection of a vehicle for damage at the time of release. At a minimum, there must be one lighting fixture containing at least a 250-watt element for each 1/4 acre of storage area.", "sourceNote": "Source Note: The provisions of this §85.1002 adopted to be effective April 15, 2008, 33 TexReg 2931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187419", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.1003", "label": "Technical Requirements--Storage Lot Signs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154695", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Facility information. All VSFs shall have a clearly visible and readable sign located at the main entrance. The sign shall have letters at least 2 inches in height, with a contrasting background, be readable at 10 feet, and contain the following information:(1) the registered name of the storage lot, as it appears on the VSF license;(2) street address;(3) the telephone number for the owner to contact in order to obtain release of the vehicle;(4) the facility's hours, within one hour of which vehicles will be released to vehicle owners; and(5) the storage lot's state license number preceded by the phrase \"VSF License Number.\"(b) All VSFs shall have a sign in view of the person who claims the vehicle setting out the charge for storage and all other fees, which may be charged by the storage lot, including notification and impoundment fees. The sign may be affixed to the payment window and shall include all forms of payments the VSF accepts for any charge associated with delivery or storage of a vehicle. If the sign is affixed to the payment window, it must be located so it is clearly visible to a vehicle owner at the place of payment and meet the following font sizes and fonts to produce text not smaller than 24 points Helvetica or Arial Black for headers and 14 points Helvetica or Arial Condensed for all body text.(c) Nonconsent towing fees schedule. All VSFs shall place a clearly visible and readable sign where payment to the VSF is made which states:(1) \"Nonconsent tow fees schedules available on request.\" The VSF shall provide a copy of a nonconsent towing fees schedule on request; and(2) The nonconsent towing fees provided for viewing and to the vehicle owner or representative must match the nonconsent towing fees authorized by this chapter or Texas Occupations Code §2308.2065.(d) Instruments accepted for release of vehicle. VSFs shall have a sign describing the documents that may be presented by the vehicle owner or his/her authorized representative to obtain possession of the vehicle. This sign shall list all instruments as described in §85.710(a)(3)(A) - (I), and shall also state: \"Affidavit of Right of Possession Furnished Upon Request.\" The sign may be affixed to the payment window.(e) A VSF must conspicuously post a sign that states: \"This vehicle storage facility must accept payment by cash, debit cards and credit cards for any fee or charge associated with delivery or storage of a vehicle.\"(f) Combination signs. A VSF may combine the signs described in subsections (b), (c), (d), and (e), if the combination sign meets the requirements of each of the separate signs.", "sourceNote": "Source Note: The provisions of this §85.1003 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective September 1, 2010, 35 TexReg 7786; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective August 15, 2013, 38 TexReg 5060; amended to be effective January 1, 2016, 40 TexReg 9122; amended to be effective January 15, 2018, 43 TexReg 84." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154695", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "85", "label": "VEHICLE STORAGE FACILITIES" }, "rule": { "number": "§85.1004", "label": "Technical Requirements--Company Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145510", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General records to be maintained. Except as provided in paragraphs (1) and (2), every vehicle storage facility shall maintain at a principal office in Texas all records and information required by the department.(1) Texas firms. If a vehicle storage facility wishes to maintain records at a location other than its principal office in Texas, the vehicle storage facility shall make a written request to the department. A vehicle storage facility may not begin maintaining records at an alternate location until the request is approved by the department.(2) Out-of-state firms. A vehicle storage facility whose principal business address is located outside the state of Texas shall maintain records required under this section at its principal office in Texas. Alternatively, a vehicle storage facility may maintain such records at an out-of-state facility if the vehicle storage facility reimburses the department for necessary travel expenses and per diem for any inspections or investigations conducted under this chapter.(b) Preservation and destruction of records. All books and records generated by a vehicle storage facility must be maintained for not less than two years at the vehicle storage facility's principal business address.", "sourceNote": "Source Note: The provisions of this §85.1003 adopted to be effective January 16, 2012, 37 TexReg 112." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145510", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.1", "label": "Authority and Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187420", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is adopted under the authority of the Texas Occupations Code, Chapter 51 and Chapter 2308. This chapter increases the safety of vehicle towing operators by ensuring that only qualified professionals tow vehicles.", "sourceNote": "Source Note: The provisions of this §86.1 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187420", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136082", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter will have the following meanings, unless the context clearly shows otherwise:(1) Advisory board--The Towing and Storage Advisory Board.(2) Applicant--The person or entity submitting an application for a permit or license issued by the department.(3) Certificate of insurance--A certificate prescribed by and filed with the department in which an insurance carrier or surety company, approved in this state, warrants that a towing company for whom the certificate is filed has the minimum coverage as required by §86.400.(4) Commission--The Texas Commission of Licensing and Regulation.(5) Consent tow--Any tow of a motor vehicle in which the tow truck is summoned by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include an incident management tow or a private property tow.(6) Conspicuous--Written in a size, color, and contrast so as to be readily noticed and understood.(7) Contested case--A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.(8) Department--The Texas Department of Licensing and Regulation.(9) Driver's License--Has the meaning assigned by 521.001, Transportation Code.(10) Incident--an unplanned randomly occurring traffic event that adversely affects normal traffic operations.(11) Incident management tow--Any tow of a vehicle in which the tow truck is summoned to the scene of a traffic accident or to an incident, including the removal of a vehicle, commercial cargo, and commercial debris from an accident or incident scene.(12) License holder or Licensee--The person to which the department issued a license.(13) Nonconsent tow--Any tow of a motor vehicle that is not a consent tow, including:(A) an incident management tow; and(B) a private property tow.(14) Parking facility--Public or private property used, wholly or partly, for restricted or paid vehicle parking. The term includes:(A) a restricted space on a portion of an otherwise unrestricted parking facility; and(B) a commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school, home, apartment complex, property governed by a property owners' association, or government-owned property leased to a private person, including:(i) a portion of the right-of-way of a public roadway that is leased by a governmental entity to the parking facility owner; and(ii) the area between the facility's property line abutting a county or municipal public roadway and the center line of the roadway's drainage way or the curb of the roadway, whichever is farther from the facility's property line.(15) Parking facility authorized agent--An employee or agent of a parking facility owner with the authority to:(A) authorize the removal of a vehicle from the parking facility on behalf of the parking facility owner; and(B) accept service on behalf of the parking facility owner of a notice of hearing requested under this chapter.(16) Parking facility owner--(A) an individual, corporation, partnership, limited partnership, limited liability company, association, trust, or other legal entity owning or operating a parking facility;(B) a property owners' association having control under a dedicatory instrument, as that term is defined in §202.001, Property Code, over assigned or unassigned parking areas; or(C) a property owner having an exclusive right under a dedicatory instrument, as that term is defined in §202.001, Property Code, to use a parking space.(17) Permit holder--The person to which the department issued a permit.(18) Private property tow--Any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle.(19) Public roadway--A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.(20) Tow truck--A motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle. The term does not include:(A) a motor vehicle owned and operated by a governmental entity, including a public school district;(B) a motor vehicle towing:(i) a race car;(ii) a motor vehicle for exhibition; or(iii) an antique motor vehicle;(C) a recreational vehicle towing another vehicle;(D) a motor vehicle used in combination with a tow bar, tow dolly, or other mechanical device if the vehicle is not operated in the furtherance of a commercial enterprise;(E) a motor vehicle that is controlled or operated by a farmer or rancher and used for towing a farm vehicle; or(F) a motor vehicle that:(i) is owned or operated by an entity the primary business of which is the rental of motor vehicles; and(ii) only tows vehicles rented by the entity.(21) Towing company--An individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more tow trucks over a public roadway in this state but does not include a political subdivision of the state.(22) Towing operator--The person to which the department issued a towing operator license.(23) Unauthorized vehicle--A vehicle parked, stored, or located on a parking facility without the consent of the parking facility owner.(24) Vehicle--A device in, on, or by which a person or property may be transported on a public roadway. The term includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer but does not include a device moved by human power or used exclusively on a stationary rail or track.(25) Vehicle owner--A person:(A) named as the purchaser or transferee in the certifi-cate of title issued for the vehicle under Chapter 501, Transportation Code;(B) in whose name the vehicle is registered under Chap-ter 502, Transportation Code, or a member of the person's immediate family;(C) who holds the vehicle through a lease agreement;(D) who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or(E) who is a lienholder holding an affidavit of reposses-sion and entitled to repossess the vehicle.(26) Vehicle storage facility--A vehicle storage facility, as defined by Texas Occupations Code, §2303.002 that is operated by a person who holds a license issued under Texas Occupations Code, Chapter 2303 to operate the facility.", "sourceNote": "Source Note: The provisions of this §86.10 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116; amended to be effective January 15, 2018, 43 TexReg 90." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136082", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.200", "label": "Tow Truck Permit--Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136083", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A tow truck may not be used for towing on the public streets or roads of this state unless an appropriate tow truck permit has been issued by the department.(b) A separate permit is required for each tow truck.(c) A tow truck permit is valid for not more than one year from the date of issuance. A tow truck permit shall expire on the same date as the license issued by the department to the tow truck company.", "sourceNote": "Source Note: The provisions of this §86.200 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136083", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.201", "label": "Tow Truck Permit--Incident Management Towing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136084", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An incident management towing permit is required for a tow truck used to perform any nonconsent tow initiated by a peace officer, including a tow allowed under §545.3051, Transportation Code.(b) To be eligible for an incident management towing permit, an applicant must:(1) submit a completed application on a department-approved form;(2) pay the fee required under §86.800;(3) verify that the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's guidelines.(4) provide proof of insurance required under §86.400; and(5) successfully pass a criminal background check.(c) An incident management towing permit may also be used for private property towing and consent towing.", "sourceNote": "Source Note: The provisions of this §86.201 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136084", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.202", "label": "Tow Truck Permit--Private Property Towing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136085&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136085", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A private property towing permit is required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner.(b) To be eligible for a private property towing permit, an applicant must:(1) submit a completed application on a department-approved form;(2) pay the fee required under §86.800;(3) verify that the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's guidelines.(4) provide proof of insurance required under §86.400; and(5) successfully pass a criminal background check.(c) A private property towing permit may also be used for consent towing but not for incident management towing.", "sourceNote": "Source Note: The provisions of this §86.202 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136085&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136085", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.203", "label": "Tow Truck Permit--Consent Towing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145512", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A consent towing permit is required for a tow truck used to perform a consent tow authorized by the vehicle owner, as defined in §86.10(22).(b) To be eligible for a consent towing permit, an applicant must:(1) submit a completed application on a department-approved form;(2) pay the fee required under §86.800;(3) verify that the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's guidelines.(4) provide proof of insurance required under §86.400; and(5) successfully pass a criminal background check.(c) A consent towing permit may not be used for nonconsent towing, including incident management towing and private property towing.", "sourceNote": "Source Note: The provisions of this §86.203 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145512", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.204", "label": "Tow Truck Permit--Approval and Issuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136087", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue a permit under this chapter to an applicant who meets the requirements for a permit. The department may deny an application or revoke a license if the applicant, a partner, principal, officer, or general manager of the applicant has:(1) a criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the application, for:(A) a felony; or(B) a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds $500;(2) violated an order of the commission or executive director, including an order for sanctions or administrative penalties;(3) failed to submit a license or permit bond in an amount established by the commission;(4) knowingly submitted false or incomplete information on the application;(5) filed an application to permit a tow truck previously permitted by a license or permit holder; or(6) the applicant has had a permit revoked under this chapter.(b) The department will issue a certificate containing a single unique permit number for each tow truck, regardless of whether the permit holder holds more than one permit.", "sourceNote": "Source Note: The provisions of this §86.204 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136087", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.205", "label": "Tow Truck Permit--Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136088", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will send written notice to permit holders at least 30 days before the permit expires. The notice will be sent to the permit holder's last known address according to the records of the department.(b) To renew a permit, a permit holder must:(1) submit a completed application on a department-approved form;(2) pay the fee required under §86.800;(3) verify that the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's guidelines.(4) provide proof of insurance required under §86.400; and(5) successfully pass a criminal background check.(c) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the permit. A late renewal means the permit holder will have an un-permitted period from the expiration date of the expired permit to the issuance date of the renewed permit. During the un-permitted period, a tow truck may not be used for towing on the public roadways of this state.(d) Non-receipt of a permit renewal notice from the department does not exempt a person from any requirements of these rules.", "sourceNote": "Source Note: The provisions of this §86.205 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136088", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.206", "label": "Tow Truck Cab Cards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166395", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue a cab card for each tow truck issued a permit. The cab card will:(1) show the permit number of the certificate issued under these rules;(2) show the type of permit issued;(3) show the vehicle unit number;(4) show the vehicle identification number; and(5) contain a statement that the vehicle has a permit issued under these rules.(b) The department will issue a cab card when the department issues or renews a permit.(c) A permit holder must keep a copy of the cab card in the cab of each permitted tow truck.(d) If an original cab card is lost, stolen, destroyed, or mutilated, if it becomes illegible, or if it otherwise requires replacement, the permit holder, can request that the department issue a new cab card.(e) The department may require a permit holder to surrender the original cab card if the permit is suspended or revoked.", "sourceNote": "Source Note: The provisions of this §86.206 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166395", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.207", "label": "Licensing Requirements--Towing Operator License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145513", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall not perform towing operations without an appropriate license issued by the department.(b) Each type of towing operator license is:(1) valid for one year from the date of issuance;(2) valid throughout this state; and(3) nontransferable.", "sourceNote": "Source Note: The provisions of this §86.207 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective March 15, 2014, 39 TexReg 1706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145513", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.208", "label": "Towing Operator Licensing--Approval and Issuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145514", "queryAsDate": "03/11/2026" }, "ruleBody": "The department will issue a license under this chapter to an applicant who meets the requirements for a towing operator license. The department may deny an application or revoke a license if the applicant has:(1) a criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the application, for:(A) a felony; or(B) a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds $500;(2) violated an order of the commission or executive director, including an order for sanctions or administrative penalties;(3) failed to submit a license or permit bond in an amount established by the commission;(4) knowingly submitted false or incomplete information on the application;(5) filed an application to permit a tow truck previously permitted by a license or permit holder; or(6) the applicant has had a permit or license revoked under this chapter.", "sourceNote": "Source Note: The provisions of this §86.208 adopted to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145514", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.209", "label": "Licensing Requirements--Incident Management Towing Operator License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145515", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An incident management towing operator's license is required to operate a tow truck permitted or required to be permitted under this chapter.(b) An applicant for an incident management towing operator's license must:(1) submit a completed application on a department-approved form;(2) hold a valid driver's license issued by a state in the United States;(3) be certified by a program approved by the department;(4) successfully pass a criminal background check; and(5) pay the fee required under §86.800.", "sourceNote": "Source Note: The provisions of this §86.209 adopted to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145515", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.210", "label": "Licensing Requirements--Private Property Towing Operator License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145516", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A private property towing operator's license is required to operate a tow truck permitted or required to be permitted under this chapter.(b) An applicant for a private property towing operator's license must:(1) submit a completed application on a department-approved form;(2) hold a valid driver's license issued by a state in the United States;(3) be certified by a program approved by the department;(4) successfully pass a criminal background check; and(5) pay the fee required under §86.800.", "sourceNote": "Source Note: The provisions of this §86.210 adopted to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145516", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.211", "label": "Licensing Requirements--Consent Towing Operator License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145519&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145519", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A consent towing operator's license is needed to operate a tow truck permitted or required to be permitted under this chapter.(b) An applicant for a consent towing operator's license must:(1) submit a completed application on a department-approved form;(2) hold a valid driver's license issued by a state in the United States;(3) successfully pass a criminal background check; and(4) pay the fee required under §86.800.", "sourceNote": "Source Note: The provisions of this §86.211 adopted to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145519&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145519", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.214", "label": "Licensing Renewal--Towing Operators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166396", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will send written notice to licensees at least 30 days before the license expires. The notice will be sent to the licensee's last known address according to the records of the department.(b) A licensee may renew a license under this chapter by:(1) submitting a completed application on a department-approved form;(2) pay the fee required under §86.800;(3) meet the applicable continuing education requirements;(4) successfully pass a criminal background check; and(5) if the applicant for renewal has within the preceding 12-month period tested positive for drugs or alcohol under §86.710, the applicant must submit a negative drug or alcohol test to the department.(c) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the license. A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a tow truck operator may not operate a tow truck on the public roadways of this state.(d) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §86.214 adopted to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166396", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.215", "label": "Licensing Requirements--Towing Company License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145521", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall not operate a towing company or operate as a towing company without a towing company license issued by the department.(b) To be eligible for a towing company license, an applicant must:(1) submit a completed application on a department-approved form;(2) pay the fee required under §86.800;(3) successfully pass a criminal background check;(4) provide the name, and address of each partner if the applicant is a partnership;(5) provide the name, and address of each corporate officer, including the president, secretary, and treasurer, if the applicant is a corporation;(6) provide the name, and address of each owner of the towing company and the percentage of ownership interest each holds in the company;(7) provide the name, and address of the operator or manager of the towing company if it is not operated or managed by one of the owners;(8) provide the towing company's physical address, mailing address, and telephone number; and(9) adopt the drug and alcohol testing policy provided in this chapter or file a drug and alcohol testing policy for approval under this chapter.", "sourceNote": "Source Note: The provisions of this §86.215 adopted to be effective May 3, 2010, 35 TexReg 3486; amended to be effective March 15, 2014, 39 TexReg 1706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145521", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.216", "label": "Towing Company License--Approval and Issuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145522", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receipt of an application for a towing company license, the department will review the application to verify the qualifications of the applicant.(b) If an applicant is qualified under this chapter, the department will issue a towing company license to the applicant.(c) If an applicant is determined to be not qualified under this chapter, the department will advise the applicant in writing of the reasons the applicant is not qualified or the deficiencies in the application.(d) The department may deny a towing company license application or revoke a license if the applicant, a partner, principal, officer, or general manager of the applicant, or other license or permit holder has:(1) a criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the application, for:(A) a felony; or(B) a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds $500;(2) violated an order of the commission or executive director, including an order for sanctions or administrative penalties;(3) failed to submit a license or permit bond in an amount established by the commission;(4) knowingly submitted false or incomplete information on the application;(5) filed an application to permit a tow truck previously permitted by a license or permit holder;(6) had a license revoked under this chapter;(7) failed to file a completed application; or(8) provides false, misleading, or deceptive information in the application.(e) The department will issue a certificate containing a single unique license number for each towing company.", "sourceNote": "Source Note: The provisions of this §86.216 adopted to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145522", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.217", "label": "Towing Company License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166397", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will notify the license holder at least 30 days before the date a license expires. The notice will be in writing and sent to the license holder's last known address according to the records of the department.(b) To renew a towing company license, an applicant must:(1) submit a completed application on a department-approved form;(2) pay the applicable fee required under §86.800; and(3) successfully pass a criminal background check.", "sourceNote": "Source Note: The provisions of this §86.217 adopted to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166397", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.218", "label": "Department Notifications to Licensee or Permit Holder" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176674", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise provided for by statute or this chapter, the department may send notice of department proposed actions and decisions through email sent to the last email address designated by the licensee or permit holder.(b) A person licensed as a tow company must provide to the department, if available, a valid email address and shall maintain the email address on file with the department during the term of the license.(c) A person licensed as a towing operator must provide the department, if available, a valid email address and shall maintain the email address on file with the department during the term of the license.", "sourceNote": "Source Note: The provisions of this §86.218 adopted to be effective May 3, 2010, 35 TexReg 3486; amended to be effective March 15, 2014, 39 TexReg 1706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176674", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.225", "label": "Emergency Consent Tow Truck Permit, Consent Tow Operator License, and Tow Company License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176675", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department may issue an emergency consent tow truck permit, emergency consent tow operator license, or emergency tow company license if:(1) the Governor of the State of Texas declares a disaster under Government Code, §418.014;(2) the executive director determines that enacting these emergency tow provisions are necessary in that disaster area; and(3) the applicant meets the requirements in §§86.226, 86.227 or 86.228.(b) An emergency license will expire ninety (90) days after issuance, and:(1) is valid only for towing operations that originate in the disaster area designated by the governor;(2) is valid only during the time of the declared disaster for towing operations that originate within the declared disaster area; and(3) may be renewed for an additional ninety (90) days if the disaster or disaster recovery period extends beyond eighty (80) days.", "sourceNote": "Source Note: The provisions of this §86.225 adopted to be effective March 15, 2016, 41 TexReg 1683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176675", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.226", "label": "Emergency Consent Tow Truck Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176676", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for an emergency consent tow truck permit, an applicant must:(1) submit a completed application on a department-approved form;(2) provide proof of insurance required under §86.400;(3) verify that the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's guidelines;(4) successfully pass a criminal background check; and(5) pay the consent tow truck permit fee required under §86.800.(b) An emergency consent tow truck permitted under this section must:(1) carry a copy of the cab card in the cab of each permitted emergency consent tow truck;(2) display on each permitted emergency consent tow truck, the permit holder's name and telephone number as listed on the application for an emergency consent tow truck permit; and(3) meet the requirements in §86.1000 applicable to consent tow operators.(c) If the information required by subsection (b)(2) is not permanently affixed to the tow truck, the required sign may be affixed by use of magnetic signs on both sides of the tow truck, printed in letters and numbers that are at least two inches high and in a color that contrasts with the color of the background surface.", "sourceNote": "Source Note: The provisions of this §86.226 adopted to be effective March 15, 2016, 41 TexReg 1683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176676", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.227", "label": "Emergency Consent Tow Operator License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for an emergency consent tow operator's license, an applicant must:(1) submit a completed application on a department-approved form;(2) hold a valid driver's license issued by a state in the United States;(3) successfully pass a criminal background check; and(4) pay the consent tow operator license fee required under §86.800.(b) An emergency consent tow operator licensed under this section must:(1) allow department and law enforcement personnel to inspect each tow truck; and(2) when performing towing operations carry their TDLR emergency consent tow operator license.", "sourceNote": "Source Note: The provisions of this §86.227 adopted to be effective March 15, 2016, 41 TexReg 1683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176677", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.228", "label": "Emergency Tow Company License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169090", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for an emergency tow company license, an applicant must:(1) submit a completed application on a department-approved form;(2) provide the name and address of each partner if the applicant is a partnership;(3) provide the name and address of each corporate officer, including the president, secretary, and treasurer, if the applicant is a corporation;(4) provide the name and address of each owner of the towing company and the percentage of ownership interest each holds in the company;(5) provide the name and address of the operator or manager of the towing company if it is not operated or managed by one of the owners;(6) provide the towing company's physical address, mailing address, and telephone number; and(7) pay the tow company license fee required under §86.800.(b) The controlling persons listed in subsection (a) must successfully pass a criminal background check.(c) An emergency tow company must prepare and maintain a record of each tow. The record must contain the date a vehicle was towed, the vehicle identification number, license plate number, year, color and the make and model of the towed vehicle along with the towed vehicle's point of origin and destination.(d) An emergency consent towing company whose principal business address is located outside the state of Texas, may maintain tow records at an out-of-state facility if the towing company reimburses the department for necessary travel expenses and per diem for any inspections or investigations conducted under these rules.(e) All books and records generated by an emergency consent tow company must be maintained for not less than two years and shall be provided to the department upon request.", "sourceNote": "Source Note: The provisions of this §86.228 adopted to be effective March 15, 2016, 41 TexReg 1683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169090", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.250", "label": "License Requirements--Towing Operator Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136099", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.(b) To renew a towing operator license, a licensee must complete a total of 4 hours of continuing education through Department-approved courses. The continuing education hours must include the following:(1) 1 hour in roadway safety;(2) 1 hour in Texas law and rules that regulate the conduct of towing operators; and(3) 2 hours in any topic listed in subsection (g), including subsection (g)(1) and (g)(2).(c) For a timely renewal, the continuing education hours must have been completed within the term of the current license. For a late renewal, the continuing education hours must have been completed within the one-year period immediately prior to the date of renewal.(d) A licensee will not receive continuing education hours for attending the same course more than once.(e) A licensee will receive continuing education hours for only those courses that are approved by the Department, under procedures prescribed by the Department.(f) A licensee must retain a copy of the certificate of completion for a course for two years after the date of completion. In conducting any inspection or investigation of the licensee, the Department may examine the licensee's records to determine compliance with this subsection.(g) To be approved by the Department under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:(1) Texas law and rules that regulate the conduct of towing operators;(2) roadway safety;(3) driver safety;(4) towing techniques;(5) equipment operation and safety; and(6) customer service and documentation.(h) A Department-approved course may be offered until the expiration of the course approval or until the provider ceases to hold an active provider registration, whichever occurs first.(i) A provider shall pay to the Department a continuing education record fee of $5 for each licensee who completes a course for continuing education credit. A provider's failure to pay the record fee for courses completed may result in disciplinary action against the provider, up to and including revocation of the provider's registration under §59.90 of this title.(j) To renew an incident management towing operator's license the first time, a licensee must complete, in lieu of the requirements stated in subsections (b), (c), and (g), a professional development course relating to towing that:(1) consists of at least 8 hours of training, of which:(A) at least 2 hours are live demonstration and hands-on training;(B) at least 2 hours are classroom training; and(C) any remaining hours are classroom training or live demonstration and hands-on training;(2) is dedicated to instruction in the following topics:(A) how light-duty tow trucks work;(B) towing with a wheel lift;(C) towing with a tow sling;(D) using tow dollies;(E) car carrier operation;(F) vehicle recovery;(G) light-duty tow trucks;(H) field procedures;(I) vehicle maintenance; and(J) safety; and(3) is offered by or through a Department-approved provider, including a community college, college, or university.(k) This section shall apply to licensees, providers, and courses upon the effective date of this section.(l) Notwithstanding any other provision of this section or Chapter 59 of this title, a licensee may receive credit under subsection (j) for a course that the licensee completed before the effective date of this section if:(1) the course satisfies the requirements of subsection (j)(1) and (j)(2); and(2) the licensee furnishes to the Department a certificate of completion or other evidence satisfactory to the Department of completion of the course.(m) Notwithstanding any other provision of this section or Chapter 59 of this title, a licensee may receive credit under subsection (b) for a course if:(1) the course is a department-approved Strategic Highway Research Program 2 (SHRP2) course; and(2) the course is taught by a department-approved provider.", "sourceNote": "Source Note: The provisions of this §86.250 adopted to be effective January 12, 2009, 34 TexReg 200; amended to be effective September 30, 2014, 39 TexReg 7294." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136099", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.400", "label": "Insurance Requirements--Tow Truck Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a tow truck permit is responsible for ensuring the electronic submission of a certificate of insurance when applying for an initial license or permit, submitting a license or permit renewal, changing a business name or affiliation, and upon request of the department.(b) The certificate of insurance must be obtained from and submitted by an insurance company licensed and authorized to do business in Texas pursuant to the Texas Insurance Code.(c) The name and address of the applicant, licensee, or permit holder shown on the certificate of insurance form must be the same as the name and address on the application or permit. The applicant or permit holder is responsible for ensuring that the insurance information on file with the department reflects the correct name and address of the insured.(d) Coverage.(1) Tow truck permit applicants and permit holders must obtain insurance for each permitted tow truck that meets the following requirements:(A) Incident Management Towing(i) a minimum of $500,000 liability insurance per tow truck per incident, which is combined single limit liability for bodily injury to or death of an individual per occurrence, loss or damage (excluding cargo) per occurrence, or both; and(ii) a minimum of $50,000 of cargo or cargo on hook insurance per tow truck per incident.(B) Private Property Towing(i) a minimum of $300,000 of liability insurance per tow truck per incident, which is combined single limit liability for bodily injury to or death of an individual per occurrence, loss or damage (excluding cargo) per occurrence, or both; and(ii) a minimum of $50,000 of cargo or cargo on hook insurance per tow truck per incident.(C) Consent Towing. A minimum of $300,000 of liability insurance per tow truck per incident, which is combined single limit liability for bodily injury to or death of an individual per occurrence, loss or damage (excluding cargo or cargo on hook) per occurrence, or both.(2) Insurance covering permitted tow trucks must be kept in full force and effect at all times.(3) The certificate of insurance must contain a provision obligating the insurer give the department thirty days notice before the effective date of a policy cancellation date.(e) Replacement insurance filing.(1) The department will consider a new insurance filing as the current record of financial responsibility required by this section if:(A) the new insurance filing is received by the department; and(B) a cancellation notice has not been received for previous insurance filings.(2) The department may revoke a license if the insurance has been canceled and a replacement policy has not been filed prior to the cancellation date.(f) Insolvency of insurance carrier. If an insurer for a tow truck permit holder becomes insolvent, is placed in receivership, or has its certificate of authority suspended or revoked and if the tow truck permit holder no longer has insurance coverage as required by these rules, the tow truck permit holder shall file with the department, not later than the 10th day after the date the coverage lapses:(1) evidence of insurance as required by these rules; and(2) an affidavit that:(A) indicates that an accident from which the tow truck permit holder may incur liability did not occur while the coverage was not in effect; or(B) contains a plan acceptable to the department indicating how the tow truck permit holder will satisfy claims of liability against the tow truck permit holder for an accident that occurred while the coverage was not in effect.(g) Notices. The department will notify the Texas Department of Public Safety and other law enforcement agencies of each tow truck permit that has been revoked for failure to maintain the required insurance coverage.", "sourceNote": "Source Note: The provisions of this §86.400 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211900", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.450", "label": "Inspections--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206574", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Towing companies shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.(b) The department may make information available to licensees and managers regarding best practices for risk-reduction techniques.", "sourceNote": "Source Note: The provisions of this §86.450 adopted to be effective April 15, 2008, 33 TexReg 2940 ; amended to be effective January 15, 2018, 43 TexReg 90; amended to be effective January 15, 2023, 48 TexReg 40." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206574", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.455", "label": "Private Property Tow Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154914", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section:(1) light-duty means the tows of motor vehicles with a gross weight rating of 10,000 pounds or less;(2) medium-duty means the tows of motor vehicles with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds;(3) heavy-duty means the tows of motor vehicles with a gross weight rating that exceeds 25,000 pounds; and(4) drop charge means the maximum that may be charged for the release of the vehicle before its removal from the property or parked location.(b) The maximum amount that may be charged for private property tows is as follows:(1) light-duty tows--$272;(2) medium-duty tows--$380; and(3) heavy-duty tows--$489 per unit or a maximum of $978.(c) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle that is parked without the authorization of the property owner attempts to retrieve the motor vehicle before its removal from the property or parked location, the maximum amount that may be charged for a drop charge (if the motor vehicle is hooked up) is:(1) light duty tows--$135;(2) medium duty tows--$190; and(3) heavy duty tows--$244.(d) If an owner, authorized operator, or authorized agent of the owner of a motor vehicle is present before the removal from the property or parked location the towing operator shall advise the owner, authorized operator, or authorized agent of the owner of a motor vehicle that he or she may offer payment of the towing drop charge.(e) For purposes of this section, a tow company must accept cash, credit cards and debit cards as payment for the drop charge.", "sourceNote": "Source Note: The provisions of this §86.455 adopted to be effective September 1, 2010, 35 TexReg 7788; amended to be effective January 16, 2012, 37 TexReg 116; amended to be effective March 1, 2015, 40 TexReg 701; amended to be effective November 1, 2021, 46 TexReg 7400." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154914", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.458", "label": "Fees for Nonconsent Tows, Refunds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license or permit holder may not charge a fee for a nonconsent tow that is greater than a nonconsent tow established under Texas Occupations Code, §2308.2065.(b) A license or permit holder may not charge a fee for a service related to a nonconsent tow that is not included in the list of fees established under Texas Occupations Code, §2308.2065.(c) The department may require a license or permit holder to refund to a vehicle owner or operator the amount charged to the owner or operator in excess of the amounts established by Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §86.458 adopted to be effective January 16, 2012, 37 TexReg 116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.500", "label": "Reporting Requirements--Towing Company" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209297", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a political subdivision begins regulating nonconsent tow fees, the towing company must update the fee schedules provided to the VSF and used by the towing company before the 30th day after the ordinance goes into effect.(b) Any changes in nonconsent tow fees regulated by a political subdivision must be provided to the VSF by the towing company before the 30th day after the effective date of the change.(c) Complete lists required. Each time a towing company provides a nonconsent towing fee schedule to the VSF, the towing company must include a complete list of all nonconsent towing fees charged by the towing company. Partial towing fee schedules are not acceptable. Each fee schedule required by this chapter is a complete schedule of all nonconsent towing fees of the company.(d) If a municipality establishes private property tow fees that are less than the private property tow fees authorized by §86.455, the fee schedule must separately identify those municipalities and list each authorized fee.(e) If a municipality establishes private property tow fees that are greater than the private property tow fees authorized by this section, the private property tow fee schedule may not exceed each fee authorized by §86.455.", "sourceNote": "Source Note: The provisions of this §86.500 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective September 1, 2010, 35 TexReg 7788; amended to be effective January 16, 2012, 37 TexReg 116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209297", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.650", "label": "Towing and Storage Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205115", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board consists of the nine members appointed by the chairman of the commission with the approval of the commission. The nine members include:(1) one representative of a towing company operating in a county with a population of less than one-million;(2) one representative of a towing company operating in a county with a population of one-million or more;(3) one representative of a vehicle storage facility located in a county with a population of less than one-million;(4) one representative of a vehicle storage facility located in a county with a population of one-million or more;(5) one peace officer from a county with a population of less than one-million;(6) one peace officer from a county with a population of one-million or more;(7) one parking facility representative;(8) one representative of a member insurer, as defined by Section 462.004, Insurance Code, of the Texas Property and Casualty Insurance Guaranty Association who writes automobile insurance in this state; and(9) one person who operates both a towing company and a vehicle storage facility.(b) The advisory board shall include representation for each classification of towing.(c) Advisory board members serve terms of six years, with the terms of two or three members, expiring on February 1 of each odd-numbered year.(1) A member may not serve more than two full consecutive terms.(2) If a vacancy occurs during a term, the chairman of the commission will appoint a replacement who meets the qualifications of the open position to serve for the balance of the term.(d) The chairman of the commission appoints one of the advisory board members to serve as the presiding officer of the advisory board for one year. The presiding officer of the advisory board may vote on any matter before the advisory board.(e) Advisory board members do not receive compensation. They are, subject to the General Appropriations Act, reimbursed for actual and necessary expenses incurred in performing the duties of the advisory board.(f) The advisory board provides advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, continuing education requirements, and maximum amounts that may be charged for fees related to private property tows.", "sourceNote": "Source Note: The provisions of this §86.650 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 15, 2018, 43 TexReg 90; amended to be effective July 1, 2022, 47 TexReg 3670." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205115", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.700", "label": "Responsibilities of Tow Truck Permit Holder and Tow Truck Operator--Storage of Towed Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A towing company or tow truck operator that performs an incident management or nonconsent tow may only tow the vehicle to one of the following locations:(1) a vehicle storage facility operated by a person who holds a vehicle storage facility license issued by the department; or(2) a location other than a vehicle storage facility licensed by the department that is specifically requested and authorized by the vehicle owner or operator and to which a towing company or tow truck operator agrees to take the vehicle.(b) Neither a towing company nor a tow truck operator may recommend or solicit authorization for a vehicle involved in an incident management or nonconsent tow to be towed or moved to any location other than a vehicle storage facility licensed by the department.(c) In the event the vehicle is taken to a location other than a licensed vehicle storage facility, the authorization for the tow ticket must not include authorization for repairs or any other services other than those necessary to perform the tow.(d) A towing company or tow truck operator may decline to take a vehicle to a location specifically requested and authorized by the vehicle owner or operator. However, if the towing company or tow operator declines, they may not take the vehicle to any location other than a licensed vehicle storage facility as set forth in subsection (a)(1) of this section.", "sourceNote": "Source Note: The provisions of this §86.700 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective January 16, 2012, 37 TexReg 116; amended to be effective June 1, 2021, 46 TexReg 3383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.701", "label": "Responsibilities of Tow Truck Permit Holder--Tow Truck Signage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166398", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A tow truck permit holder must display on each permitted tow truck:(1) the permit holder's name;(2) the permit holder's publicly listed telephone number;(3) the city and state where the permit holder is located; and(4) the permit number for the tow truck.(b) The information required to be displayed must be:(1) printed in letters and numbers that are at least two inches high and in a color that contrasts with the color of the background surface; and(2) permanently affixed in conspicuous places on both sides of the tow truck.", "sourceNote": "Source Note: The provisions of this §86.701 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166398", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.702", "label": "Responsibilities of Licensee and Permit Holder--Change Name, Address, or Drug and Alcohol Testing Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145530", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or permit holder shall notify the department of changes to any of following information:(1) change in the licensee's or permit holder's name no later than the effective date of the change;(2) change of the licensee's or permit holder's mailing or physical address, and email address, no later than the effective date of the change; or(3) change in the licensee's drug and alcohol testing policy no later than 30 days before the effective date of the change.(b) The requirements of subsection (a)(3) apply only to a towing company regulated by this chapter.", "sourceNote": "Source Note: The provisions of this §86.702 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective March 15, 2014, 39 TexReg 1706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145530", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.703", "label": "Responsibilities of Towing Company--Change of Ownership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194062", "queryAsDate": "03/11/2026" }, "ruleBody": "A towing company must file an original application for licensure when there is a change in the ownership of the company, including but not limited to, a corporate merger or a change in the sole proprietorship or partnership.", "sourceNote": "Source Note: The provisions of this §86.703 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194062", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.705", "label": "Responsibilities of Towing Company--Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145525", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except for signs required by Texas Occupations Code, §2308.301, a towing company may not directly or indirectly give anything of value to a parking facility owner in connection with the removal of a vehicle from a parking facility.(b) A towing company may not have a direct or indirect monetary interest in a parking facility from which the towing company for compensation removes unauthorized vehicles.(c) A towing company may not tow a vehicle to a vehicle storage facility unless the vehicle storage facility is in compliance with the required postings in Texas Occupations Code, §2308.207.(d) A towing company may not remove and store an unauthorized vehicle unless authorized by Texas Occupations Code, §2308.255.(e) A towing company may not perform a nonconsent tow unless the property from which the vehicle is towed is in compliance with Texas Occupations Code, §§2308.301 - 2308.305.(f) Except as authorized by Texas Occupations Code, §§2308.351 - 2308.354, a towing company may not perform a nonconsent tow from:(1) a leased right-of-way;(2) an area between a parking facility and a public right-of-way;(3) a public right-of-way; or(4) a public roadway.(g) A towing company may not contract for the removal from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia or a valid inspection certificate, unless the towing company notes on the tow ticket the:(1) name of the person or company that authorized the tow;(2) telephone number of the company or person that authorized the tow; and(3) date of compliance with the notice provisions in Texas Occupations Code, §2308.253(e).(h) A towing company or towing operator may not charge a fee for a nonconsent tow that is greater than the fee listed in the schedule most recently submitted to the department.(i) A towing company or towing operator may not charge a fee related to a nonconsent tow that is not listed in the schedule most recently submitted to the department.(j) A towing company may not charge a fee for a nonconsent tow that is greater than the statewide fee or nonconsent tow fee authorized by Texas Occupations Code, §2308.2065.(k) A towing company may not charge a fee related to a nonconsent tow unless that fee is authorized by the statewide fee or nonconsent tow fees authorized by Texas Occupations Code, §2308.2065.(l) A towing company must keep record of every nonconsent tow including, but not limited to, the following information:(1) vehicle description, including license or vehicle identification number, if available;(2) a statement describing the reason for towing the vehicle;(3) location vehicle towed from; and(4) vehicle storage location.(m) A towing company may not employ or contract with unlicensed persons required to hold a license under this chapter.(n) Relocation from one area of a parking facility to another area on the same parking facility may occur if:(1) Except in case of an emergency involving threat of imminent danger to property, signs complying with this section are installed in the parking facility a minimum of 72 hours preceding relocation.(2) Each sign required under this subsection may be temporary and must:(A) be mounted on a pole, post, wall or freestanding board;(B) be at least 18 inches wide and 24 inches tall; and(C) be installed so that the bottom edge of the sign is no lower than 6 inches and no higher than 6 feet above ground level.(3) Each sign required under this subsection must contain:(A) a red international tow symbol on a white background;(B) a statement designating the areas which are temporary no parking areas and stating that vehicles parked in the designated area will be relocated to another location on the same parking facility; and(C) the location where vehicles will be relocated, if known, or a telephone number, including area code, that is answered 24 hours a day to identify the location of a relocated vehicle.(4) Each required sign must face and be conspicuously visible to a driver that enters the area of the parking facility from which vehicles will be relocated.(5) Each required sign must be located:(A) on the right or left of each driveway or curb-cut through which a vehicle can enter the area subject to relocation, including an entry from an alley abutting the facility; or(B) at intervals along the entrance to the area subject to relocation so that no entrance is farther than 25 feet from a sign if:(i) curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto the area of a parking facility subject to relocation; and(ii) the width of an entrance to an area of relocation exceeds 35 feet.(o) Upon request, the parking facility owner or agent must provide the contact information for the tow company responsible for the relocation.(p) A peace officer is authorized to direct the relocation of a vehicle from one location on a parking facility to another location on the parking facility to further public safety.", "sourceNote": "Source Note: The provisions of this §86.705 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116; amended to be effective February 15, 2019, 44 TexReg 586." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145525", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.706", "label": "Responsibilities of Towing Company--Required Postings at Vehicle Storage Facility (VSF)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145526", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A towing company must provide its nonconsent towing fees schedule to all VSF's to which the towing company delivers vehicles for storage.(b) The nonconsent towing fees schedule provided to the VSF and made available to the public at the VSF must match the nonconsent towing fees schedule on file with the department.(c) A towing company may not collect nonconsent towing fees unless the VSF accepting nonconsent towed vehicles post a sign in one inch letters stating \"Nonconsent tow fees schedules available on request.\"(d) The nonconsent towing fees schedule must be made available to any requestor during normal business hours of the VSF.", "sourceNote": "Source Note: The provisions of this §86.706 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145526", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.708", "label": "Responsibilities of Towing Company--Tow Truck License Plates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154919", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless allowed by another law or regulation, a towing company or tow truck operator must not operate or cause a tow truck to be operated on the public roadways of this State unless the tow truck displays current license plates that include the words \"Tow Truck.\"", "sourceNote": "Source Note: The provisions of this §86.708 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154919", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.709", "label": "Responsibilities of Towing Company--Tow Ticket" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154920", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A towing company must prepare and issue a tow ticket for each nonconsent tow.(b) A copy of the tow ticket must be given to the vehicle owner, if the owner or operator is present and available at the time of the tow, and a copy delivered to the vehicle storage facility, or place agreed upon by the towing operator and vehicle owner.(c) The tow ticket shall only authorize charges directly related to towing the vehicle to a designated location authorized by subsection (b).(d) The tow ticket shall itemize each charge and must characterize the fees using the identical fee structure stated in the towing company's nonconsent towing fee schedule on file with the VSF.(e) The tow ticket must contain the licensed name of the towing company, publicly listed telephone number, towing company certificate of registration number, and the TDLR license number of the towing operator.", "sourceNote": "Source Note: The provisions of this §86.709 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154920", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.710", "label": "Responsibilities of Towing Company--Drug and Alcohol Testing Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154921", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A towing company adopting paragraphs (1) - (12) of this subsection will comply with Texas Occupations Code, §2308.158. (1) Purpose and Scope. This drug and alcohol testing policy provides guidance to supervisors and towing operators about their responsibilities under this policy. Except as stated in paragraph (12), this policy applies to all towing operators and all towing operator job applicants. (2) Definitions. The words and terms used in this policy shall have their ordinary meaning unless the words or terms are used in Texas Occupations Code, Chapter 2308 or Title 49 Code of Federal Regulation Part 40, in which event the words or terms shall have the meaning designated in those regulations. (3) Consent Form. (A) Before a drug or alcohol test is administered, towing operators and applicants are required to sign a consent form authorizing the test and permitting release of test results to the medical review officer (MRO), the company, and the department. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the drug and alcohol testing policy. (B) The consent form shall set forth the following information: (i) the procedure for confirming and verifying an initial positive test result; (ii) the consequences of a verified positive test result; and (iii) the consequences of refusing to undergo a drug or alcohol test. (C) The consent form also provides authorization for certified or licensed attending medical personnel to take and have analyzed appropriate specimens to determine if the tested drugs were present in the towing operator's or applicant's system. (4) Compliance with Drug and Alcohol Testing Policy. The failure or refusal by a towing operator or applicant to cooperate fully by signing necessary consent forms or other required documents or the failure or refusal to submit to any test or any procedure under this policy in a timely manner will be grounds for refusal to hire or for termination. The submission by an applicant or employee of a urine sample that is not his/her own or is a diluted specimen shall be grounds for refusal to hire or for termination. (5) General Rules. This drug and alcohol testing policy is governed by these general rules: (A) towing operators shall not take or be under the influence of any drugs unless prescribed by the employee's licensed physician. (B) towing operators are prohibited from engaging in the manufacture, sale, distribution, use, or unauthorized possession of illegal drugs at any time. (C) all towing company property is subject to inspection at any time without notice. There should be no expectation of privacy in or on such property. Towing company property includes, but is not limited to, vehicles, desks, containers, files, and lockers. (D) any towing operator convicted of violating a criminal drug or alcohol statute shall inform his/her supervisor of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction occurring. Failure to inform the supervisor subjects the employee to disciplinary action up to and including termination for the first offense. The towing company will notify the Texas Department of Licensing and Regulation of the conviction (including pleas of guilty and nolo contendere). (6) Types of Tests. (A) Pre-employment. All applicants for positions requiring a towing operator's license, who have received a conditional offer of employment, must take a drug test before receiving a final offer of employment. (B) Annual. All towing operators employed by a towing company must complete at least one scheduled drug test each 12-month period from the date of the initial license or renewal. (C) Random Testing. In addition to annual testing, towing operators are subject to random urine drug and alcohol testing. Under this policy, annual random test for drugs and alcohol of at least 25 percent of the total number of towing operators is required. (i) A minimum of 15 minutes and a maximum of two hours will be allowed between notification of a towing operator for random urine drug and alcohol testing and the actual presentation for specimen collection. (ii) Random donor selection dates will be unannounced with unpredictable frequency. (iii) Each licensed towing company participating in a consortium must ensure that the consortium performs random drug testing on at least 25% of the total number of the licensed towing operators participating in and tested by the consortium. (D) Return-to-Duty and Follow-Up. (i) Any towing operator who has violated this drug and alcohol testing policy and is allowed to return to work must submit to a return-to-duty test. Follow-up tests will be unannounced, and at least six tests will be conducted in the first 12 months after a towing operator returns to duty. Follow-up testing may be extended for up to 60 months following return to duty. The test results of all return to duty and follow-up must be negative. (ii) The towing operator will be required to pay for his or her return-to-duty and follow-up tests accordingly. (7) Drug Testing. The drugs for which tests are required under this policy are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates. (8) Specimen Collection Procedures. (A) All urine specimens will be collected by a laboratory that is certified and monitored by the Federal Department of Health and Human Services. (B) Drug and alcohol testing procedures include split specimen procedures. Each urine specimen is subdivided into two bottles labeled as a \"primary\" and a \"split\" specimen. Only the primary specimen is opened and used for the urinalysis. The split specimen bottle remains sealed and is stored at the laboratory. (C) If the analysis of the primary specimen confirms the presence of drugs or alcohol, the towing operator has 72 hours to request sending the split specimen to another Federal Department of Health and Human Services (DHHS) certified laboratory for analysis. The towing operator will be required to pay for his or her split specimen test(s). (D) For the towing operator's protection, the results of the analysis will be confidential except for the testing laboratory. After the MRO has evaluated a positive test result, the towing operator will be notified, and the MRO will notify the company. (E) The towing company will notify the department of the positive test result. Notification to the department must occur within 3 days of receipt of the confirmed test results from the MRO. The notification must include the: (i) towing operator's name; (ii) towing operator's license number; (iii) date of the positive test; (iv) substance detected by the drug and alcohol test; and (v) disciplinary action imposed violation of the drug testing policy. (9) Reporting and Reviewing of Drug and Alcohol Testing Results. (A) The company shall designate a medical review officer (MRO) to receive, report, and store testing information transmitted by the laboratory. This person shall be a licensed physician with knowledge of substance abuse disorders. (B) The laboratory shall report test results only to the designated MRO, who will review them in accordance with accepted guidelines and the procedures adopted by the Federal Department of Transportation. (C) Reports from the laboratory to the MRO shall be in writing or by fax. The MRO may talk with the towing operator by telephone upon exchange of acceptable identification. (D) Neither the company, the laboratory, nor the MRO shall disclose any drug or alcohol test results to any other person except under written authorization from the towing operator, unless such results are necessary in the process of resolution of accident (incident) investigations, requested by court order, or required to be released to parties having a legal right-to-know as determined by state and federal law. (10) Distribution of Information to Towing Operators. The minimal distribution of information for all towing operators will include the display and distribution of: (A) informational material on the physical and mental effects of drugs and alcohol; (B) an existing community services hotline number, available drug and alcohol counseling, rehabilitation, and assistance program; (C) the company's policy regarding the use of prohibited drugs and/or alcohol; and (D) the consequences or disciplinary action that may be imposed upon VSF employees for violating the drug and alcohol policy. (11) Consequences of a Confirmed Positive Drug and Alcohol Test. (A) Job applicants will be denied employment if their initial positive pre-employment drug test results have been confirmed. (B) If a towing operator's positive drug and alcohol test result has been confirmed, the towing operator will stand down from towing operation duties and may be subject to disciplinary action up to and including termination. (C) The company may consider the following factors in determining the appropriate disciplinary action: the towing operator's work history, length of employment, current work assignment, current job performance, and existence of past disciplinary actions. (D) No disciplinary action may be taken pursuant to this drug and alcohol policy against towing operators who voluntarily identify themselves as drug or alcohol users, obtain counseling, rehabilitation and comply with return to duty and follow-up drug and alcohol testing. (12) Exceptions. (A) Towing operators subject to random drug and alcohol testing under Title 49, Code of Federal Regulation, Part 40 who have been randomly tested in the 12-month reporting period are exempt from the annual test requirement, provided that the towing operator's tested negative and the negative test results are submitted to and verified by the MRO. (B) Towing operators holding a valid Towing Operator License issued by the department who are tested for drugs and alcohol in accordance with 16 Texas Administrative Code Chapter 85 are exempt from this section. (b) Independent drug and alcohol testing policy. (1) A towing company may file an independent drug and alcohol testing policy. (2) The filing must describe how the independent drug and alcohol testing policy is as stringent as each provision of the model policy set forth in subsection (a). (c) Compliance. A towing company is required to adopt and implement an alcohol and drug testing policy that complies with subsection (a) or (b).", "sourceNote": "Source Note: The provisions of this §86.710 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154921", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.711", "label": "Responsibilities of Towing Company--Honesty, Trustworthiness, and Integrity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154922", "queryAsDate": "03/11/2026" }, "ruleBody": "A towing company must conduct towing operations with honesty, trustworthiness, and integrity.", "sourceNote": "Source Note: The provisions of this §86.711 adopted to be effective January 16, 2012, 37 TexReg 116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154922", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.715", "label": "Responsibilities of Towing Operators--Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187424", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A towing operator may not charge a fee for a nonconsent tow that is greater than the statewide fee or nonconsent tow fee approved by Texas Occupations Code, §2308.2065.(b) A towing operator may not charge a fee related to a nonconsent tow unless that fee is authorized by the statewide fee or nonconsent tow fees approved by Texas Occupations Code, §2308.2065.(c) A towing operator must allow department personnel and law enforcement to inspect a tow truck permitted under this chapter.(d) A towing operator must perform each tow in a safe and competent manner based on the circumstances and type of vehicle under tow.(e) During the term of the towing operator license, a towing operator must maintain a current valid driver's license. An occupational driver's license does not meet the requirements of this chapter.(f) A towing operator may not tow a vehicle to a vehicle storage facility unless the vehicle storage facility displays a TDLR license number.(g) A towing operator may not remove and store an unauthorized vehicle unless authorized by Texas Occupations Code, §2308.255.(h) A towing operator may not perform a nonconsent tow unless the property from which the vehicle is towed is in compliance with Texas Occupations Code, §§2308.301 - 2308.305.(i) Except as authorized by Texas Occupations Code, §§2308.351 - 2308.354, a towing operator may not perform a nonconsent tow from:(1) a leased right-of-way;(2) an area between a parking facility and a public right-of-way;(3) a public right-of-way; or(4) a public roadway.(j) A towing operator must prepare and issue a tow ticket for each nonconsent tow.(k) towing operator must provide a copy of the tow ticket to the vehicle owner or representative, if the owner or representative, or operator is present and available at the time of the tow, and a copy delivered to the vehicle storage facility, or place agreed upon by the towing operator and vehicle owner.(l) The tow ticket provided by the towing operator shall only authorize charges directly related to towing the vehicle to a designated location authorized by subsection (k).(m) The tow ticket provided by the towing operator must itemize each charge and must characterize the fees using the identical fee structure stated in the towing company's nonconsent towing fee schedule on file with the VSF.(n) The towing operator must include on the tow ticket the licensed name of the towing company, publicly listed telephone number, towing company TDLR license number, and the TDLR license number of the towing operator.(o) A towing operator must perform each towing operation with honesty, trustworthiness, and integrity.(p) When performing towing operations, all towing operators must carry and openly display the appropriate TDLR issued original towing operator license.", "sourceNote": "Source Note: The provisions of this §86.715 adopted to be effective January 16, 2012, 37 TexReg 116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187424", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.800", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136119", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application Fees(1) Permit Tow Truck(A) Original Application--$75(B) Renewal--$75(C) Duplicate Permit--No charge(D) Permit Amendment--$25(2) Tow Company License(A) Original Application--$350(B) Renewal--$350(C) Duplicate License--$25(D) Permit Amendment--$25(3) Operator License(A) Original Application--$100(B) Renewal--$100(C) Duplicate License--$25(D) Operator License Amendment--$25", "sourceNote": "Source Note: The provisions of this §86.800 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116; amended to be effective January 15, 2018, 43 TexReg 90." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136119", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.900", "label": "Sanctions and Administrative Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136120", "queryAsDate": "03/11/2026" }, "ruleBody": "A person that violates Texas Occupations Code, Chapter 2308, a rule, or an order of the Executive Director or Commission relating to Texas Occupations Code, Chapter 2308, will be subject to administrative sanctions and/or administrative penalties under Texas Occupations Code, Chapters 51 and 2308 and applicable agency rules.", "sourceNote": "Source Note: The provisions of this §86.900 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136120", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.901", "label": "Cease and Desist Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145536", "queryAsDate": "03/11/2026" }, "ruleBody": "The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines the action is necessary to prevent a violation of this chapter and to protect public health and safety.", "sourceNote": "Source Note: The provisions of this §86.901 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145536", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.902", "label": "Requirement to Reimburse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145537", "queryAsDate": "03/11/2026" }, "ruleBody": "A license or permit holder charging a fee greater than the fee listed on its most recent fee schedule submitted to the department or a fee not listed on its most recent fee schedule submitted to the department may be ordered to reimburse the vehicle owner or operator of the over charges and unauthorized charges.", "sourceNote": "Source Note: The provisions of this §86.902 adopted to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145537", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.903", "label": "Enforcement of Unpaid Judgments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154916", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall suspend a license holder's license on the license holder's failure to pay a final judgment awarded to an owner or operator of a vehicle before the 60th day after the date of the final judgment. The department must provide notice of the suspension to the license holder at least 30 days before the date the license is to be suspended.(b) The owner or operator of the vehicle shall submit a certified copy of the final judgment to the department.(c) On receipt of the certified copy of the unpaid final judgment, the department shall disqualify a person from renewing a license or permit or deny the person the opportunity of taking a licensing examination on the grounds that the person, towing company, or vehicle storage facility has not paid a final judgment awarded to an owner or operator of a vehicle.(d) The department shall reinstate the license on submission of evidence satisfactory to the department of payment of the final judgment by the person, towing company, or vehicle storage facility.", "sourceNote": "Source Note: The provisions of this §86.903 adopted to be effective May 3, 2010, 35 TexReg 3486." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154916", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.1000", "label": "Technical Requirements--Tow Truck Safety Equipment and Truck Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154924", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each tow truck shall, if applicable:(1) have a legible manufacturer's data plate indicating the capacity of the boom, the winch or the carry mechanism; or(2) have a document in the truck from the manufacturer stating the capacity of the boom, the winch and the carry mechanism.(b) Every hydraulic line on each tow truck must be free of leaks and be in good working condition free of defects.(c) The winch must not exceed the capacity of the boom or leak oil.(d) The cables must be as specified by the manufacturer and be in good condition, within manufacturer guidelines.", "sourceNote": "Source Note: The provisions of this §86.1000 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154924", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.1001", "label": "Technical Requirements--Towing Operator Safety Clothing and Identification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136123", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Towing operators, as a condition of their license must comply with the protective clothing policy.(b) Towing operators must wear a reflective vest, shirt, or reflective jacket at all times while working outside the tow truck; the reflective vest, shirt, or reflective jacket must meet the ANSI/ISEA requirements for high visibility safety apparel at all times when using or assisting in the use or operation of a licensed tow truck on a road or road related area.(c) When performing towing operations, all tow truck operators must carry and openly display the appropriate TDLR issued original towing operator license.(d) Towing operators permitted under §86.211 are exempt from the requirements of subsection (b).", "sourceNote": "Source Note: The provisions of this §86.1001 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136123", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "86", "label": "VEHICLE TOWING AND BOOTING" }, "rule": { "number": "§86.1002", "label": "Technical Requirements--Towing Company Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General records to be maintained. Except as provided in paragraphs (1) and (2), every towing company shall maintain at a principal office in Texas all records and information required by the department.(1) Texas firms. If a towing company wishes to maintain records at a location other than its principal office in Texas, the towing company shall make a written request to the department. A tow company may not begin maintaining records at an alternate location until the request is approved by the department.(2) Out-of-state firms. A towing company whose principal business address is located outside the state of Texas shall maintain records required under this section at its principal office in Texas. Alternatively, a towing company may maintain such records at an out-of-state facility if the towing company reimburses the department for necessary travel expenses and per diem for any inspections or investigations conducted under these rules.(b) Preservation and destruction of records. All books and records generated by a tow company must be maintained for not less than two years at the towing company's principal business address.", "sourceNote": "Source Note: The provisions of this §86.1002 adopted to be effective April 15, 2008, 33 TexReg 2940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.1", "label": "Authority and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224916", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter is promulgated under the authority of the Texas Occupations Code, Chapter 51 and Chapter 2309. Specific provisions within this chapter also implement the statutory requirements under Texas Occupations Code, Chapter 2305, Subchapter D, Texas Transportation Code, Chapter 501, and other applicable statutes.(b) In addition to this chapter, the rules under 16 TAC Chapter 60, Procedural Rules of the Commission and the Department, are applicable to the Used Automotive Parts Recyclers program.", "sourceNote": "Source Note: The provisions of this §87.1 adopted to be\r\neffective January 11, 2010, 35 TexReg 232; amended to be effective\r\nMay 15, 2025, 50 TexReg 2778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224916", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198117", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise, or the words or terms conflict with a definition in the Transportation Code, §501.002, §501.091, §551A.001, or Occupations Code, Chapter 2309.(1) Casual sale--The sale by a salvage vehicle dealer or an insurance company of not more than five nonrepairable motor vehicles or salvage motor vehicles to the same person during a calendar year. The term does not include:(A) a sale at auction to a salvage vehicle dealer;(B) the sale of an export-only motor vehicle to a person who is not a resident of the United States; or(C) a sale to an insurance company, out-of-state buyer, or governmental entity.(2) Commission--The Texas Commission of Licensing and Regulation.(3) Component part--A major component part as defined by Transportation Code, §501.091, or a minor component part.(4) Department--The Texas Department of Licensing and Regulation.(5) Executive director--the executive director of the department.(6) Insurance company--(A) a person authorized to write automobile insurance in this state; or(B) an out-of-state insurance company that pays a loss claim for a motor vehicle in this state.(7) Major component part--One of the following parts of a motor vehicle:(A) the engine;(B) the transmission;(C) the frame;(D) a fender;(E) the hood;(F) a door allowing entrance to or egress from the passenger compartment of the motor vehicle;(G) a bumper;(H) a quarter panel;(I) a deck lid, tailgate, or hatchback;(J) the cargo box of a vehicle with a gross vehicle weight of 10,000 pounds or less, including a pickup truck;(K) the cab of a truck;(L) the body of a passenger motor vehicle; or(M) the roof or floor pan of a passenger motor vehicle, if separate from the body of the motor vehicle.(8) Metal recycler--A person who:(A) is engaged in the business of obtaining, converting, or selling ferrous or nonferrous metal for conversion into raw material products consisting of prepared grades and having an existing or potential economic value;(B) has a facility to convert ferrous or nonferrous metal into raw material products by method other than the exclusive use of hand tools, including the processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content of the metal; and(C) sells or purchases the ferrous or nonferrous metal solely for use as raw material in the production of new products.(9) Motor vehicle--(A) any motor driven or propelled vehicle required to be registered under the laws of this state;(B) a trailer or semitrailer, other than manufactured housing, that has a gross vehicle weight that exceeds 4,000 pounds;(C) a travel trailer;(D) an all-terrain vehicle or a recreational off-highway vehicle, as defined by Transportation Code, §551A.001, designed by the manufacturer for off-highway use that is not required to be registered under the laws of this state; or(E) a motorcycle, motor-driven cycle, or moped that is not required to be registered under the laws of this state.(10) Nonrepairable motor vehicle--means a motor vehicle:(A) that is damaged, wrecked, or burned to the extent that the only residual value of the vehicle is as a source of parts or scrap metal;(B) that comes into this state under a comparable ownership document that indicates that the vehicle is nonrepairable;(C) that a salvage vehicle dealer has reported to the Texas Department of Motor Vehicles under Transportation Code §501.1003; (D) for which an owner has surrendered evidence of ownership for the purpose of dismantling, scrapping, or destroying the motor vehicle; or(E) that is sold for export only under Transportation Code §501.099.(11) Nonrepairable vehicle title--A printed document issued by the Texas Department of Motor Vehicles that evidences ownership of a nonrepairable motor vehicle.(12) Salvage motor vehicle--A motor vehicle that:(A) has damage to or is missing a major component part to the extent that the cost of repairs, including parts and labor other than the cost of materials and labor for repainting the motor vehicle and excluding sales tax on the total cost of repairs, exceeds the actual cash value of the motor vehicle immediately before the damage; or(B) comes into this state under an out-of-state salvage motor vehicle title or similar out-of-state ownership document.(13) Salvage vehicle dealer--A person engaged in this state in the business of acquiring, selling, repairing, rebuilding, reconstructing, or otherwise dealing in nonrepairable motor vehicles, salvage motor vehicles, or, if incidental to a salvage motor vehicle dealer's primary business, used automotive parts regardless of whether the person holds a license issued by the department to engage in that business. The term does not include a person not licensed as a salvage vehicle dealer who:(A) casually repairs, rebuilds, or reconstructs not more than five nonrepairable motor vehicles or salvage motor vehicles in the same calendar year;(B) buys not more than five nonrepairable motor vehicles or salvage motor vehicles in the same calendar year; or(C) is a licensed used automotive parts recycler if the sale of repaired, rebuilt, or reconstructed nonrepairable motor vehicles or salvage motor vehicles is more than an incidental part of the used automotive parts recycler's business.(14) Salvage vehicle title--A printed document issued by the Texas Department of Motor Vehicles that evidences ownership of a salvage motor vehicle.(15) Used automotive part--A part that is salvaged, dismantled, or removed from a motor vehicle for resale as is or as repaired. The term includes a major component part but does not include a rebuildable or rebuilt core, including an engine, block, crankshaft, transmission, or other core part that is acquired, possessed, or transferred in the ordinary course of business.", "sourceNote": "Source Note: The provisions of this §87.10 adopted\r\nto be effective January 11, 2010, 35 TexReg 232; amended to be effective\r\nFebruary 15, 2019, 44 TexReg 586; amended to be effective May 15,\r\n2025, 50 TexReg 2778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198117", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.15", "label": "Approval, Issuance or Denial of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143990", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue a license under this chapter to an applicant who meets all of the requirements of this chapter. The department may deny an application if the applicant has had a license revoked under this chapter or for any reason permissible by law.(b) The department will issue a license containing a single unique license number for each used automotive parts recycling business license issued under this chapter.(c) If an applicant is determined to be not qualified under this chapter, the department will advise the applicant in writing of the reasons the applicant is not qualified or the deficiencies in the application.", "sourceNote": "Source Note: The provisions of this §87.15 adopted to be effective January 11, 2010, 35 TexReg 232; amended to be effective February 1, 2020, 45 TexReg 541." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143990", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.20", "label": "Licensing Requirements--Used Automotive Parts Recycling Business License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143991", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not own or operate a used automotive parts recycling business or sell used automotive parts without first obtaining a license under this chapter.(b) A used automotive parts recycler license is:(1) valid for one year from the date of issuance;(2) valid only for the facility listed on the license; and(3) is not transferable.", "sourceNote": "Source Note: The provisions of this §87.20 adopted to be effective January 11, 2010, 35 TexReg 232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143991", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.21", "label": "Licensing Requirements--Used Automotive Parts Recycling Business License Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143992", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant, a partner, principal, officer, or general manager of the applicant, or another license or permit holder with a connection to the applicant may be ineligible for a used automotive parts recycling business license, if the applicant, a partner, principal, officer, or general manager of the applicant, or another license or permit holder with a connection to the applicant has:(1) before the application date, been convicted of, pleaded guilty or nolo contendere to, or been placed on deferred adjudication for:(A) a felony; or(B) a misdemeanor punishable by confinement in jail or by a fine exceeding $500;(2) violated an order of the commission or executive director, including an order for sanctions or administrative penalties; or(3) knowingly submitted false information on the application.", "sourceNote": "Source Note: The provisions of this §87.21 adopted to be effective January 11, 2010, 35 TexReg 232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143992", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.22", "label": "Licensing Requirements--Used Automotive Parts Recycling Business License Application Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143993", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant for a used automotive parts recycling business license must:(1) submit a completed application on a department-approved form;(2) provide a valid federal tax identification number;(3) file proof of insurance in accordance with §87.40;(4) provide proof of a storm water permit, if required by the Texas Commission on Environmental Quality;(5) successfully pass a criminal background check; and(6) pay the fee required under §87.85.", "sourceNote": "Source Note: The provisions of this §87.22 adopted to be effective January 11, 2010, 35 TexReg 232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143993", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.23", "label": "Licensing Requirements--Used Automotive Parts Recycling Business License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194065", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a used automotive parts recycling business license, an applicant must:(1) submit a completed application on a department-approved form;(2) provide a valid federal tax identification number;(3) file proof of insurance in accordance with §87.40;(4) provide proof of a storm water permit, if required by the Texas Commission on Environmental Quality;(5) successfully pass a criminal background check; and(6) pay the applicable fee required under §87.85.(b) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the license. A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any functions of an automotive parts recycling business that requires a license under this chapter.(c) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §87.23 adopted to be effective January 11, 2010, 35 TexReg 232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194065", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143998", "queryAsDate": "03/11/2026" }, "ruleBody": "The provisions of this chapter do not apply to:(1) a person who purchases not more than five nonrepairable or salvage motor vehicles at casual sale in a calendar year from:(A) a salvage vehicle dealer;(B) a salvage pool operator at auction; or(C) an insurance company at auction;(2) a metal recycler, unless a motor vehicle is sold, transferred, released, or delivered to the metal recycler for the purpose of reuse or resale as a motor vehicle or as a source of used parts, and is used for that purpose;(3) a person who casually repairs, rebuilds, or reconstructs not more than five salvage motor vehicles in the same calendar year;(4) a person who is a non-United States resident who purchases nonrepairable or salvage motor vehicles for export only;(5) an agency of the United States, an agency of this state, or a local government;(6) a financial institution or other secured party that holds a security interest in a motor vehicle and is selling that motor vehicle in the manner provided by law for the forced sale of a motor vehicle;(7) a receiver, trustee, administrator, executor, guardian, or other person appointed by or acting pursuant to the order of a court;(8) a person selling an antique passenger car or truck that is at least 25 years old or a collector selling a special interest motor vehicle as defined in Transportation Code, §683.077, if the special interest vehicle is at least 12 years old;(9) a licensed auctioneer who, as a bid caller, sells or offers to sell property to the highest bidder at a bona fide auction under the following conditions:(A) neither legal nor equitable title passes to the auctioneer;(B) the auction is not held for the purpose of avoiding a provision of Texas Occupations Code, Chapter 2302, or this chapter; and(C) an auction is conducted of motor vehicles owned, legally or equitably, by a person who holds a salvage vehicle dealer's license and the auction is conducted at a location for which a salvage vehicle dealer's license has been issued to that person or at a location approved by the department under this chapter.(10) a salvage vehicle dealer, subject to the provisions under Occupations Code §2309.004;(11) an insurance company; and(12) a salvage pool.", "sourceNote": "Source Note: The provisions of this §87.30 adopted to be effective January 11, 2010, 35 TexReg 232; amended to be effective February 15, 2019, 44 TexReg 586." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143998", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.40", "label": "Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211903", "queryAsDate": "03/11/2026" }, "ruleBody": "A used automotive parts recycling business may not conduct business or other automotive parts recycling operations in this state unless the licensee maintains a valid general liability insurance policy in an amount not less than $250,000.", "sourceNote": "Source Note: The provisions of this §87.40 adopted to be effective January 11, 2010, 35 TexReg 232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211903", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.44", "label": "Inspections--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144003", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Used automotive parts recycling businesses shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.(b) The department may make information available to used automotive parts recycling business owners and managers regarding best practices for risk-reduction techniques.", "sourceNote": "Source Note: The provisions of this §87.44 adopted to be effective January 11, 2010, 35 TexReg 232; amended to be effective February 1, 2020, 45 TexReg 541; amended to be effective January 15, 2023, 48 TexReg 41." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144003", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.50", "label": "Reporting Requirements--Filing of Vehicle Ownership Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209298", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Used automotive parts recyclers who acquire ownership of a motor vehicle, nonrepairable motor vehicle, or salvage motor vehicle for the purpose of dismantling, scrapping, or destroying the motor vehicle, shall, before the 31st day after the date of acquiring the motor vehicle, submit to the Texas Department of Motor Vehicles a properly assigned manufacturer's certificate of origin, regular certificate of title, nonrepairable vehicle title, salvage vehicle title, other ownership document, or comparable out-of-state ownership document for the motor vehicle.(b) Used automotive parts recyclers shall keep and maintain evidence of compliance with subsection (a).", "sourceNote": "Source Note: The provisions of this §87.50 adopted to be effective January 11, 2010, 35 TexReg 232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209298", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.65", "label": "Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144005", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board consists of the five members representing the used automotive parts industry in this state appointed by the presiding officer of the commission with the approval of the commission. The five members include:(1) members who represent used automotive parts businesses owned by domestic entities, as defined by Business Organizations Code, §1.002; and(2) one member who represents a used automotive parts business owned by a foreign entity, as defined by Business Organizations Code, §1.002.(b) The advisory board may not include more than one member from any one used automotive parts business entity.(c) Advisory board members serve terms of six years, with the terms of one or two members expiring on February 1 of each odd-numbered year.(1) A member may not serve more than two full consecutive terms.(2) If a vacancy occurs during a term, the chairman of the commission will appoint a replacement who meets the qualifications of the open position to serve for the balance of the term.(d) The presiding officer of the commission shall appoint one of the advisory board members to serve as the presiding officer of the advisory board for one year. The presiding officer of the advisory board may vote on any matter before the advisory board.(e) An advisory board member serves without compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing duties as an advisory board member, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.(f) The advisory board provides advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including licensing standards.", "sourceNote": "Source Note: The provisions of this §87.65 adopted to be effective January 11, 2010, 35 TexReg 232; amended to be effective February 15, 2019, 44 TexReg 586; amended to be effective July 1, 2022, 47 TexReg 3671." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144005", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.70", "label": "Responsibilities of the Licensee--Acquiring Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224917", "queryAsDate": "03/11/2026" }, "ruleBody": "Used automotive parts recyclers who acquire ownership of a salvage motor vehicle shall obtain a properly assigned title from the previous owner of the vehicle.", "sourceNote": "Source Note: The provisions of this §87.70 adopted to be effective January 11, 2010, 35 TexReg 232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224917", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.71", "label": "Responsibilities of the Licensee--Record Retention and Production" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224918", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A used automotive parts recycler shall maintain a record of or sales receipt for each motor vehicle, salvage motor vehicle, nonrepairable motor vehicle, and used automotive part purchased. (b) Unless a shorter period of retention is specified by another section of this chapter, a used automotive parts recycler shall maintain records required by this chapter for a period of three years from the date of the event reflected in the record.(c) In accordance with Occupations Code §2309.356, records of purchase or receipt of component parts must be maintained by the used automotive parts recycler for a period of one year from the date of the event reflected in the record. This provision does not apply to the receipt of catalytic converters.(d) Records pertaining to catalytic converter transactions must be retained by the used automotive parts recycler as specified in 16 TAC §87.81.(e) Upon request by an investigator or other representative of the department, a used automotive parts recycler must produce for examination and copying any records required by this chapter, Occupations Code, Chapter 2305 or 2309, Transportation Code, Chapter 501, or other law.", "sourceNote": "Source Note: The provisions of this §87.71 adopted to be\r\neffective January 11, 2010, 35 TexReg 232; amended to be effective\r\nFebruary 15, 2019, 44 TexReg 586; amended to be effective May 15,\r\n2025, 50 TexReg 2778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224918", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.72", "label": "Responsibilities of the Licensee--Contact Information and Registration of New Business Location" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224919", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A used automotive parts recycler must notify the department within thirty (30) days following any change of mailing address, phone number, or email address from the contact information provided on the latest license or renewal application.(b) Before moving a place of business, a used automotive parts recycler must notify the department of the new location.(c) The used automotive parts recycler shall provide a storm water permit for the location if a permit is required by the Texas Commission on Environmental Quality.", "sourceNote": "Source Note: The provisions of this §87.72 adopted to be\r\neffective January 11, 2010, 35 TexReg 232; amended to be effective\r\nMay 15, 2025, 50 TexReg 2778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224919", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.78", "label": "Responsibilities of the Licensee--Removal of License Plates and Registration Insignias and Surrender of Certain Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194070", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receipt of a vehicle, a used automotive parts recycler must remove any license plates and registration insignias. The used automotive parts recycler must securely store any license plates until destroyed in accordance with Occupations Code §2309.352. (b) A used automotive parts recycler shall surrender to the Texas Department of Motor Vehicles (DMV) for cancellation a certificate of title or authority, sales receipt, or transfer document, as required by the DMV.(c) For each vehicle for which a document is surrendered in compliance with subsection (b), the licensee shall obtain a signed receipt for a surrendered certificate of title.", "sourceNote": "Source Note: The provisions of this §87.78 adopted to be\r\neffective January 11, 2010, 35 TexReg 232; amended to be effective\r\nMay 15, 2025, 50 TexReg 2778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194070", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.80", "label": "Responsibilities of the Licensee--Records of Casual Sales" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224920", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensed used automotive parts recycler that sells a nonrepairable motor vehicle or a salvage motor vehicle at a casual sale shall keep on the business premises a list of all casual sales made during the preceding 36-month period that contains:(1) the date of the sale;(2) the name of the purchaser;(3) the name of the jurisdiction that issued the identification document provided by the purchaser, as shown on the document; and(4) the vehicle identification number.(b) A used automotive parts recycler shall keep on the business premises of the recycler, until the third anniversary of the date the report on the motor vehicle is submitted to the department, a record of the vehicle, its ownership, and its condition as dismantled, scrapped, or destroyed as required by Transportation Code §501.1003.", "sourceNote": "Source Note: The provisions of this §87.80 adopted to be effective January 11, 2010, 35 TexReg 232; amended to be effective February 15, 2019, 44 TexReg 586." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224920", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.81", "label": "Responsibilities of the Licensee--Catalytic Converter Theft Prevention." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198120", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon sale or transfer of a catalytic converter, a used automotive parts recycler must create a transaction record as provided in this rule and ensure the accuracy of the information provided in this record.(b) The transaction record must contain the name of the person to whom the catalytic converter is sold or transferred, a description of the quantity of the catalytic converters sold, and the date of the transaction.(c) The used automotive parts recycler must maintain the transaction record required by this rule until no earlier than two years from the date of the transaction. The used automotive parts recycler must, upon request by an investigator or other representative of the department, produce for examination any removed catalytic converters in its possession and the records required by this rule.", "sourceNote": "Source Note: The provisions of this §87.81 adopted to be\r\neffective May 15, 2025, 50 TexReg 2778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198120", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.85", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144016", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Used Automotive Parts Facility Business Permit.(1) Original Application--$75(2) Renewal--$75(b) Revised/Duplicate License/Certificate/Permit/Registration--$25(c) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(d) All fees are non-refundable except as provided for by commission rules or statute.", "sourceNote": "Source Note: The provisions of this §87.85 adopted to be effective January 11, 2010, 35 TexReg 232; amended to be effective January 1, 2014, 38 TexReg 9522; amended to be effective February 15, 2019, 44 TexReg 586; amended to be effective February 1, 2020, 45 TexReg 541." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144016", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.90", "label": "Administrative Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144017", "queryAsDate": "03/11/2026" }, "ruleBody": "A person that violates Texas Occupations Code, Chapter 2309, a rule, or an order of the executive director or commission relating to Texas Occupations Code, Chapter 2309, will be subject to administrative sanctions and/or administrative penalties under Texas Occupations Code, Chapters 51 and 2309 and applicable agency rules.", "sourceNote": "Source Note: The provisions of this §87.90 adopted to be effective January 11, 2010, 35 TexReg 232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144017", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "87", "label": "USED AUTOMOTIVE PARTS RECYCLERS" }, "rule": { "number": "§87.91", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209854", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and Chapter 2309 and any associated rules may be used to enforce Texas Occupations Code, Chapter 2309 and this chapter.", "sourceNote": "Source Note: The provisions of this §87.91 adopted to be effective January 11, 2010, 35 TexReg 232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209854", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§90.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209853", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Occupations Code, Chapter 51; Government Code, Chapter 171; Alcoholic Beverage Code, §106.115 (Alcohol Education Program for Minors); Transportation Code, §§521.374 - 521.376 (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403 and 42A.406 (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404 and 42A.406 (DWI Intervention Program).", "sourceNote": "Source Note: The provisions of this §90.1 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209853", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§90.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209864", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly states otherwise.(1) Alcohol Education Program for Minors--An alcohol educational program for minors as described in Section 171.0001, Government Code.(2) Annual Reporting Period--The period of time beginning September 1 of each year and ending August 31 of the following year.(3) Certificate of Program Completion (Certificate)--A uniform, serially numbered certificate as described in Section 171.0001, Government Code.(4) Commission--The Texas Commission of Licensing and Regulation.(5) Continuing Education Hour--At least 50 minutes of participation in an organized, systematic learning experience which deals with and is designed for the acquisition of knowledge, skills, and information on drug or alcohol-related topics, as applicable to the specific court-ordered program instructor license endorsement.(6) Continuing Education Seminar--A department-approved continuing education seminar, class, or course that may be taken to meet renewal requirements, as applicable to a specific court-ordered program instructor license endorsement.(7) Course Records--Court-ordered program participants' personal data forms, pre-tests and post-tests, self-assessments, screening instrument(s), homework assignments, action plans, and any other written material required or used in the court-ordered program class instruction.(8) Course Roster--A form used to record data on all court-ordered program participants enrolled in the course and to record attendance data on those participants at each class throughout the course.(9) Court-Ordered Education Class (Class)--A module of a court-ordered program course.(10) Court-Ordered Education Course (Course)--The complete series of court-ordered program class modules.(11) Court-Ordered Education Program (Program)--The Alcohol Education Program for Minors, Drug Offender Education Program, DWI Education Program, or DWI Intervention Program.(12) Court-Ordered Education Provider (Program Provider)--A person holding a license from the department to offer or provide a court-ordered program.(13) Department--The Texas Department of Licensing and Regulation.(14) Drug Offender Education Program--A drug offense educational program as described in Section 171.0001, Government Code.(15) DWI--An offense relating to driving or operating a motorized vehicle while intoxicated, as described in Sections 49.04 - 49.08, Penal Code relating to Intoxication and Alcoholic Beverage Offenses.(16) DWI Education Program--An educational program for intoxication offenses as described in Section 171.0001, Government Code.(17) DWI Intervention Program--An intervention program for intoxication offenses described in Section 171.0001, Government Code.(18) Endorsement--A classification received by a program provider or instructor as described in Sections 171.0103 and 171.0153, Government Code, after successful completion of the department licensing process, which allows a licensee to instruct, offer, or provide a specific type of court-ordered program.(19) Executive Director--The executive director of the department.(20) Instructor Applicant--A term describing an individual from the period when the individual applies for admission into an instructor training course until the point where a license is granted or denied.(21) Instructor Licensing Period--The period of time beginning with the date instructor licensure was granted to instruct a specific court-ordered program curriculum and ending two years after the date the license was issued.(22) Instructor Training Class--A module of an instructor training course.(23) Instructor Training Course--The complete series of instructor training class modules.(24) Minor--A person under the age of 21 years, as described in Section 106.01, Alcohol Beverage Code.(25) Module--A part of the Court-Ordered Education Program Instructor Manual that covers a single subject or topic within a specific course.(26) Online Course--A court-ordered education program that is offered or provided in a virtual, real-time, and interactive setting through an internet connection as authorized under this chapter.(27) Participant--An individual who attends, takes, or completes a court-ordered program.(28) Screening Instrument--A written device approved by the department and required to be administered to each program participant for the purpose of:(A) identifying indicators of a potential substance abuse problem; and(B) making recommendations for further evaluation, where indicated by the screening instrument.", "sourceNote": "Source Note: The provisions of this §90.10 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209864", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "B", "label": "INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§90.20", "label": "Instructor License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual who teaches any court-ordered program must have a current instructor license issued by the department, and the appropriate instructor license endorsement for the specific type of court-ordered program the individual is teaching.(b) An instructor must instruct only for a program provider that holds an appropriate endorsement for the specific type of court-ordered program that the instructor is teaching.(c) An instructor must utilize only the department-approved program curriculum for the specific type of program for which the instructor holds an appropriate license endorsement.(d) An instructor must comply with all requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §90.20 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209865", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "B", "label": "INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§90.21", "label": "Instructor License - Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for an instructor license and an endorsement in the DWI Education Program, Drug Offender Education Program, or Alcohol Education Program for Minors, an individual must:(1) have a minimum of an associate degree in the field of psychology, sociology, counseling, social work, criminal justice, education, nursing, or health;(2) be a licensed chemical dependency counselor, registered counselor intern, licensed social worker, licensed professional counselor, licensed professional counselor intern, certified teacher, licensed psychologist, licensed physician or psychiatrist, probation or parole officer, adult or child protective services worker, licensed vocational nurse, or licensed registered nurse; or(3) have at least one year of documented experience in case management or education relating to substance abuse and/or mental health.(b) To be eligible for an instructor license and an endorsement in the DWI Intervention Program, an individual must:(1) either:(A) be a licensed chemical dependency counselor, registered counselor intern, licensed social worker, licensed professional counselor, licensed professional counselor intern, licensed psychologist, licensed physician or psychiatrist; or(B) possess, at a minimum, an associate degree in the field of psychology, sociology, counseling, social work, criminal justice, education, nursing, or health; and(2) have a minimum of two years of documented experience providing direct client services directly related to the applicable internship, licensing, or education documented under subsection (a)(1) to persons with substance abuse problems or mental disorders.", "sourceNote": "Source Note: The provisions of this §90.21 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209866", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "B", "label": "INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§90.22", "label": "Instructor License - Application for License and First Endorsement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To apply for an instructor license and the first endorsement for a specific type of court-ordered program, an individual must:(1) submit a completed application on a form prescribed by the department for the specific court-ordered program;(2) submit proof of meeting the eligibility requirements under §90.21 for the specific court-ordered program;(3) successfully pass a criminal history background check by the department; and(4) submit the initial license application and first endorsement fee under §90.80.(b) If the department determines that the instructor applicant has met the requirements under subsection (a), the instructor applicant may enroll in the department-approved instructor training course for the specific court-ordered program.(c) Upon successful completion of the department-approved instructor training course, including testing and any retesting, and absent any other reasons for denial, the department shall issue the instructor applicant an instructor license and an endorsement for the specific court-ordered program.(d) If an applicant fails to complete all licensure requirements within one year of the Department's receipt of the initial instructor license application, the applicant must reapply and pay any applicable fees.", "sourceNote": "Source Note: The provisions of this §90.22 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "B", "label": "INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§90.23", "label": "Instructor License - Instructor Training Course and Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209868", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To become an instructor for a specific type of court-ordered program, an individual must select and successfully complete the applicable department-approved instructor training course.(b) An instructor applicant must pay the department's authorized representative an instructor training course fee after acceptance into the instructor training course.(c) An instructor applicant must complete each class module of the instructor training course in its entirety.(d) An instructor applicant must pass both the participant teaching presentation and the written exam to successfully complete the instructor training course.(e) A passing score of 70 percent or above for the written exam and a \"Pass\" designation on the participant teaching presentation for the instructor training course is required for each instructor applicant.(f) Any instructor applicant who does not pass the participant teaching presentation or the written exam at the instructor training course will have one additional opportunity to pass the written exam or participant teaching presentation, as applicable, within 30 days after the date of completing the instructor training course, or as otherwise directed by the department.(g) If the instructor applicant does not pass the applicable written exam or participant teaching presentation the second time, the instructor applicant will not have successfully completed the instructor training course and must reapply for the applicable training and pay the applicable fee.(h) Any instructor applicant who does not successfully complete the instructor training course, including any permitted retesting, will be required to return the curriculum manual to the department by no later than the end of the class module at which unsuccessful completion of the course is determined or at the time of retest, whichever is later.", "sourceNote": "Source Note: The provisions of this §90.23 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209868", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "B", "label": "INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§90.24", "label": "Instructor License - Additional Endorsements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209869", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An instructor who intends to instruct more than one type of court-ordered program must be licensed and must hold an endorsement for each type of court-ordered program.(b) To obtain an endorsement to instruct an additional type of court-ordered program, the instructor must:(1) successfully complete the application requirements under §90.22, except for §90.22(a)(4), for the specific court-ordered program;(2) successfully complete the instructor training course and examination under §90.23 for the specific court-ordered program; and(3) submit the additional endorsement fee under §90.80.(c) Each endorsement will attach to the license and will be renewed as part of a successful renewal of the license.", "sourceNote": "Source Note: The provisions of this §90.24 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209869", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "B", "label": "INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§90.25", "label": "Instructor License Term; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209870", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An instructor license is valid for a two-year period beginning on the date of issuance of the initial license and may be renewed biennially. Each endorsement attached to the license will have the same term as the license.(b) To renew an instructor license, the instructor must:(1) submit a completed renewal application on a form prescribed by the department;(2) complete the continuing education requirements for the specific court-ordered program curriculum specified under §90.26;(3) comply with the continuing education audit process described under §90.27, if selected for an audit;(4) successfully pass a criminal history background check performed by the department; and(5) submit the instructor license renewal fee under §90.80.(c) The department will issue a renewal license to an instructor meeting all the requirements for renewal.(d) A person who fails to complete the renewal requirements before the instructor license expires will no longer hold a current license and may not instruct any court-ordered program. A person whose instructor license has expired may late renew the license in accordance with the procedures set out under §60.83.(e) A person may not instruct any court-ordered program with an expired instructor license.(f) The endorsement for the specific court-ordered program is attached to the license and will be renewed as part of a successful renewal of the license.", "sourceNote": "Source Note: The provisions of this §90.25 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "B", "label": "INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§90.26", "label": "Instructor Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209871", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Drug Offender Education Instructor Requirements.(1) Each Drug Offender Education instructor must complete at least one department-approved Drug Offender Education instructor continuing education seminar during each licensing period.(2) If substantial changes or updates are made to the Drug Offender Education curriculum, instructors for Drug Offender Education must complete any additional department-approved Drug Offender Education instructor continuing education seminar(s) or special meeting(s) for additional instruction as required by the department.(3) Instructors who are licensed chemical dependency counselors, licensed professional counselors, licensed psychologists, licensed psychiatrists, or licensed social workers may complete 20 hours of continuing education for the respective license that is directly drug-related in lieu of completing the department-approved continuing education seminar. If selected for a continuing education audit under §90.27, proof of these continuing education hours must be submitted to the department in a manner prescribed by the department(4) Continuing education hours obtained in a department-approved Drug Offender Education instructor continuing education seminar may be used to fulfill the continuing education requirement of another endorsement.(b) Alcohol Education Program for Minors Instructor Requirements.(1) Each Alcohol Education Program for Minors instructor must complete at least one department-approved Alcohol Education Program for Minors instructor continuing education seminar during each licensing period.(2) If substantial changes or updates are made to the Alcohol Education Program for Minors curriculum, instructors for Alcohol Education Program for Minors must complete any additional department-approved Alcohol Education Program for Minors instructor continuing education seminar(s) or special meeting(s) for additional instruction as required by the department.(3) Instructors who are licensed chemical dependency counselors, licensed professional counselors, licensed psychologists, licensed psychiatrists, or licensed social workers may complete 20 hours of continuing education for the respective license that is directly alcohol-related, in lieu of completing the department-approved continuing education seminar. If selected for a continuing education audit under §90.27, proof of these continuing education hours must be submitted to the department in a manner prescribed by the department.(4) Continuing education hours obtained in a department-approved Alcohol Education Program for Minors instructor continuing education seminar may be used to fulfill the continuing education requirement of another program endorsement.(c) DWI Education Instructor Requirements.(1) Each DWI Education instructor must complete at least one department-approved DWI Education instructor continuing education seminar during each licensing period.(2) If substantial changes or updates are made to the DWI Education curriculum, instructors for DWI Education must complete any additional department-approved DWI Education instructor continuing education seminar(s) or special meeting(s) for additional instruction as required by the department.(3) Instructors who are licensed chemical dependency counselors, licensed professional counselors, licensed psychologists, licensed psychiatrists, or licensed social workers may complete 20 hours of continuing education for the respective license that is directly alcohol-related, in lieu of completing the department-approved continuing education seminar. If selected for a continuing education audit under §90.27, proof of these continuing education hours must be submitted to the department in a manner prescribed by the department.(4) Continuing education hours obtained in a department-approved DWI Education Instructor continuing education seminar may be used to fulfill the continuing education requirement of another program endorsement.(d) DWI Intervention Instructor Requirements.(1) Each DWI Intervention instructor must complete at least one department-approved DWI Intervention instructor continuing education seminar during each licensing period.(2) If substantial changes or updates are made to the DWI Intervention curriculum, instructors for DWI Intervention must complete any additional department-approved DWI Intervention instructor continuing education seminar(s) or special meeting(s) for additional instruction as required by the department.(3) Instructors who are licensed chemical dependency counselors, licensed professional counselors, licensed psychologists, licensed psychiatrists, or licensed social workers may complete 20 hours of continuing education for the respective license that is directly alcohol-related, in lieu of completing the department-approved continuing education seminar. If selected for a continuing education audit under §90.27, proof of these continuing education hours must be submitted to the department in a manner prescribed by the department.(4) Continuing education hours obtained in a department-approved DWI Intervention instructor continuing education seminar may be used to fulfill the continuing education requirement of another program endorsement.(e) An instructor must pay a continuing education seminar fee for each instructor endorsement to the department's authorized representative.", "sourceNote": "Source Note: The provisions of this §90.26 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209871", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "B", "label": "INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§90.27", "label": "Instructor Continuing Education Audits - All Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209872", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall employ an audit system for continuing education reporting. The instructor is responsible for maintaining a record of his or her continuing education experiences. The certificates, diplomas, or other documentation verifying earning of continuing education hours are not to be forwarded to the department at the time of renewal unless the instructor has been selected for audit.(b) The audit process shall be as follows:(1) The department shall select for audit a random sample of instructors for each renewal month. Instructors will be notified of the continuing education audit when they receive their renewal documentation;(2) If selected for an audit, the instructor must submit copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the instructor's attendance, participation, and completion of the continuing education. All documentation must be provided at the time of renewal;(3) Failure to timely furnish this information or providing false information during the audit process or the renewal process are grounds for disciplinary action against the instructor;(4) An instructor who is selected for a continuing education audit may renew through the online renewal process, if available. However, the instructor will not be considered renewed until the required continuing education documents are received, accepted, and approved by the department; and(5) Instructors will not be renewed until the continuing education requirements have been met.", "sourceNote": "Source Note: The provisions of this §90.27 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209872", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "B", "label": "INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§90.28", "label": "Instructor Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209873", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Instructors must report, in writing, any felony or misdemeanor conviction against themselves.(b) An instructor must notify the department within 30 days of any change in the instructor's name, mailing address, telephone number, or e-mail address.", "sourceNote": "Source Note: The provisions of this §90.28 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209873", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "C", "label": "PROGRAM PROVIDER LICENSE REQUIREMENTS" }, "rule": { "number": "§90.30", "label": "Program Provider License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209874", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person seeking to offer or provide a specific type of a court-ordered program must have a current program provider license with an endorsement for the applicable program issued by the department.(b) A person holding a current program provider license with the appropriate endorsement from the department is a licensed program provider for the applicable program.(c) A program provider must ensure that:(1) each court-ordered program is taught by an instructor with the appropriate endorsement to instruct that specific type of program;(2) each court-ordered program is conducted in accordance with, and described in, the applicable and department-approved instructor manual under §90.40; and(3) each court-ordered program utilizes the department-approved curriculum for the specific type of program being taught.(d) A program provider must comply with all requirements of this chapter.(e) A program provider may offer or provide a court-ordered program in person, online, or both, in accordance with the requirements in this chapter.", "sourceNote": "Source Note: The provisions of this §90.30 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209874", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "C", "label": "PROGRAM PROVIDER LICENSE REQUIREMENTS" }, "rule": { "number": "§90.31", "label": "Program Provider License - Application for License and Endorsements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209875", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A program provider license is required for each court-ordered program that is offered or provided. A license endorsement is required for each type of court-ordered program that is offered or provided by the program provider.(b) To apply for a program provider license, a person must:(1) submit a completed program provider application on a department-prescribed form;(2) identify each court-ordered program that the program provider intends to offer or provide, and the instructor permitted to give instruction with their current license number and endorsement;(3) indicate whether each court-ordered program will be offered to participants in person, as an online course, or both; and(4) submit the program provider initial license application and first endorsement fee specified under §90.80.(c) In addition to the requirements in subsection (b), an applicant for a program provider license offering or providing online instruction must identify each method that will be used to:(1) deliver remote classroom instruction, including the platform, technology or program;(2) track and verify participant attendance, including hours completed; and(3) conduct pre-course and post-course testing, and exit interviews, if applicable.(d) If an applicant has met all requirements for the specific type of court-ordered program, the department shall issue a license and endorsement for the specific type of program being offered or provided.(e) If an applicant fails to complete all licensure requirements within one year of the Department's receipt of the initial program provider license and endorsement application, the applicant must reapply and pay the applicable fee.", "sourceNote": "Source Note: The provisions of this §90.31 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209875", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "C", "label": "PROGRAM PROVIDER LICENSE REQUIREMENTS" }, "rule": { "number": "§90.32", "label": "Program Provider License - Additional Endorsements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209876", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A program provider who intends to offer or provide more than one type of court-ordered program must be licensed and must hold an endorsement for each type of court-ordered program.(b) To obtain an endorsement to offer or provide an additional type of court-ordered program, the program provider must:(1) successfully complete the application requirements under §90.31, except §90.31(b)(4), for each additional court-ordered program;(2) identify each additional court-ordered program that the program provider intends to offer or provide, and each instructor permitted to give instruction with their current license number and endorsement;(3) indicate whether each additional court-ordered program will be offered to participants in person, or as an online course, or both; and(4) submit the additional endorsement fee under §90.80 for each additional court-ordered program.(c) Each endorsement will attach to the license and will be renewed as part of a successful renewal of the license.", "sourceNote": "Source Note: The provisions of this §90.32 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "C", "label": "PROGRAM PROVIDER LICENSE REQUIREMENTS" }, "rule": { "number": "§90.33", "label": "Program Provider License Term; Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209877", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A program provider license is valid for a two-year period beginning on the date of issuance and may be renewed biennially. Each endorsement for a specific court-ordered program that is attached to the license has the same term as the license.(b) To renew a program provider license, a program provider must submit:(1) a completed program provider renewal application on a form prescribed by the department; and(2) the program provider license renewal fee specified under §90.80.(c) The department shall issue a program provider renewal license to a program provider meeting all the requirements for renewal.(d) A person who fails to submit a complete renewal application and pay the renewal fee before the program provider license expires will no longer hold a current license to offer or provide the applicable court-ordered program. A person whose license has expired may late renew the license in accordance with the procedures set out under §60.83.(e) A person must not offer or provide a court-ordered program with an expired program provider license.(f) The endorsement for the specific court-ordered program is attached to the license and will be renewed as part of a successful renewal of the license.", "sourceNote": "Source Note: The provisions of this §90.33 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209877", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "C", "label": "PROGRAM PROVIDER LICENSE REQUIREMENTS" }, "rule": { "number": "§90.34", "label": "Program Provider License - Change of Address, Ownership and Other Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209881", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A program provider must notify the department in writing within 30 days of any change in the program provider's address, telephone number, e-mail address, website address, or change in the registered agent, ownership or instructor.(b) A change in ownership is considered to have occurred:(1) in the case of ownership by an individual, when more than 50% of the licensed program provider has been sold or transferred;(2) in the case of ownership by a partnership or a corporation, when more than 50% of the licensed program provider, or of the owning partnership or corporation has been sold or transferred; or(3) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the program provider.(c) A program provider must maintain a registered agent in the State of Texas. A registered agent's address must not be used as a program provider's physical or mailing address.", "sourceNote": "Source Note: The provisions of this §90.34 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209881", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.40", "label": "Program Curriculum and Materials - All Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209882", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Court-ordered programs must use the most current version of the uniform curricula and of any screening instrument approved by the department. The same curriculum and screening instruments are used for in-person and online court-ordered programs.(b) The following curricula are approved for the applicable program:(1) Alcohol Education Program for Minors -- the Alcohol Education Program for Minors Instructor Manual;(2) Drug Offender Education Program -- the Texas Drug Offender Education Program Instructor Manual;(3) DWI Education Program -- the Texas DWI Education Program Instructor Manual; and(4) DWI Intervention Program -- the Texas DWI Intervention Instructor Program Manual.(c) Any supplemental media used in a court-ordered program must have prior written approval from the department. The court-ordered program seeking approval must demonstrate that it meets the following minimum conditions for approval of supplemental media:(1) the instructor must still use all media required by the applicable approved curriculum for each module;(2) the instructor, with use of the supplemental media, must exceed the minimum number of classes and hours of instruction required per course by the length of any supplemental media; and(3) the content of any supplemental media must relate directly to the objectives of the curriculum module in which it is used.", "sourceNote": "Source Note: The provisions of this §90.40 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209882", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.41", "label": "Program Rules - Drug Offender Education Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209883", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Transportation Code §521.374(a)(1), the department is responsible for approving a Drug Offender Education Program under rules adopted by the commission and the Texas Department of Public Safety (DPS).(b) Pursuant to Transportation Code §521.375(a), the commission and DPS are responsible for jointly adopting rules for the qualification and approval of providers of the Drug Offender Education Program under §521.374(a)(1).(c) For any proposed changes to the educational program rules for the Drug Offender Education Program, the department will notify the designated representatives from DPS and solicit input during the rulemaking process.", "sourceNote": "Source Note: The provisions of this §90.41 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209883", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.42", "label": "General Program and Course Requirements - All Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209884", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except where noted, the program and course requirements in this chapter apply to in-person and online court-ordered programs.(b) All court-ordered programs must use the applicable curriculum approved under §90.40, including all required videos, slides or transparencies, participant workbooks, booklets, and other resources or written materials. The applicable curriculum must be presented in the prescribed manner and sequence.(c) A single instructor must teach the entire course for all programs, except for DWI Intervention Programs, which may allow team-teaching utilizing no more than two instructors.(d) Instructors must require participants to complete all class modules within a course in the proper sequence.(e) The program provider must make provisions for persons unable to read and/or speak English. All classes in a single course must be taught in the same language.(f) The instructor must screen each participant and offer appropriate referral information to the participant, based upon the numerical score and accompanying referral recommendations on the approved screening instrument required to be administered. The screening instrument must be administered by the instructor, or under the instructor's direct supervision.(g) The program provider or instructor for each program must make available a current listing or roster of available chemical dependency counseling and treatment resources in the area to each participant whose numerical score and accompanying referral recommendations on the approved screening instrument indicate a potential substance abuse problem requiring further evaluation.(h) All required registration, initial data collection, and administration of the screening instrument must be completed before commencement of the first class module.(i) At the end of each course, the instructor for each program must administer a participant course evaluation.(j) The instructor for all programs must conduct an exit interview with each participant, as outlined in the applicable educational program manual.", "sourceNote": "Source Note: The provisions of this §90.42 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209884", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.43", "label": "Additional Course Requirements for the Drug Offender Education Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209885", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements under §90.42, each Drug Offender Education Program provider must:(1) provide a minimum of 15 hours of class instruction per course;(2) provide a minimum of five class modules of instruction per course;(3) conduct class modules that are not longer than three hours in length, and not shorter than two hours in length;(4) conduct no more than one class module per day; and(5) conduct courses and each class with no more than 30 participants and with no fewer than three participants.(b) The provider must administer and evaluate pre-course and post-course test instruments for each participant.", "sourceNote": "Source Note: The provisions of this §90.43 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209885", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.44", "label": "Additional Course Requirements for the Alcohol Education Program for Minors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209886", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements under §90.42, each Alcohol Education Program for Minors program provider must:(1) provide a minimum of six hours of class instruction per course;(2) conduct class modules which are not longer than three hours in length;(3) conduct no more than one class module per day; and(4) conduct courses and each class with no more than 30 participants and with no fewer than three participants (not including parents and guardians).(b) The provider must administer and evaluate pre-course and post-course test instruments for each participant.", "sourceNote": "Source Note: The provisions of this §90.44 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209886", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.45", "label": "Additional Course Requirements for the DWI Education Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209887", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements under §90.42, each DWI Education Program provider must:(1) provide a minimum of 12 hours of instruction per course;(2) provide no more than four hours of instruction in any one day; and(3) conduct courses and each class with no more than 30 participants and with no fewer than three participants.(b) The provider must administer and evaluate pre-course and post-course test instruments for each participant.(c) Within ten working days after completion of the course, the instructor must notify the appropriate community supervision and corrections department and forward a copy of the certificate of completion to the Texas Department of Public Safety (DPS).(d) If the deadline for completing the course is less than ten working days after the participant's successful completion of the course, the instructor, prior to the deadline, must:(1) forward a copy of the certificate of completion to DPS; and(2) notify the appropriate community supervision and corrections department or the court.", "sourceNote": "Source Note: The provisions of this §90.45 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209887", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.46", "label": "Additional Course Requirements for DWI Intervention Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209878", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section, an individual session is defined as an individual meeting between instructor and participant in which the instructor checks the participant's workbook to monitor homework and student progress and assists with the participant's self-improvement techniques.(b) In addition to the requirements under §90.42, each DWI Intervention Program provider must:(1) provide a minimum of 30 hours of class instruction per course;(2) conduct class modules which are not longer than three hours in length and not shorter than two hours in length;(3) conduct no more than one class module per day;(4) conduct no more than two class modules per week;(5) conduct courses and each class with no more than 15 participants and with no fewer than three participants;(6) provide make-up class modules for a maximum of two excused absences per participant; and(7) conduct a minimum of two individual sessions with each participant and an individual exit interview with each participant.(c) Within ten working days after completion of the course, the instructor must notify the appropriate community supervision and corrections department and forward a copy of the certificate of completion to Texas Department of Public Safety (DPS).(d) If the deadline for completing the course is less than ten working days after the participant's successful completion of the course, the instructor, prior to the deadline, must:(1) forward a copy of the certificate of completion to DPS; and(2) notify the appropriate community supervision and corrections department or court.", "sourceNote": "Source Note: The provisions of this §90.46 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209878", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.47", "label": "In-Person Classroom Facilities and Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209879", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Court-ordered programs and instructors must conduct all in-person classes in appropriate classroom facilities and settings that comply with the Americans with Disabilities Act, 42 United States Code, §12101 et seq. The classrooms and setting must be conducive to study and must have:(1) enough tables or desks to accommodate each participant without crowding;(2) enough chairs sufficient to seat each participant;(3) sufficient lighting;(4) appropriate acoustics and climate control; and(5) classroom facilities easily accessible to all class participants.(b) Program providers and instructors must not conduct in-person class modules at a personal residence. Each instructor that instructs an in-person court-ordered program must be physically present in the classroom with the participants for each class.(c) Audiovisual equipment must be in good working order and in good condition for use in class instruction.(d) Television monitors and projection screens must be at least 25 inches diagonally and videos and slides/transparencies must be maintained in a high-quality condition.(e) Slides/transparencies and videos must be displayed in a manner which produces a clear image and allows all participants to have an unobstructed view.(f) Program providers and instructors must ensure that no portion of any court-ordered program course is videotaped or otherwise recorded or broadcast.", "sourceNote": "Source Note: The provisions of this §90.47 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209879", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.48", "label": "Online Program Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209880", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A program provider that offers or provides an online court-ordered program to participants must:(1) ensure that it has access to internet service with sufficient bandwidth to successfully provide, without interruption to the participants, in such a manner that is conducive to instruction and comprehension;(2) provide instructors with the proper equipment that is in good working order and that allows for virtual, real-time, and interactive presentation of all course materials; and(3) confirm that all classes are instructed using current department-approved curriculum and materials, and that all classes are conducted in accordance with department rules and current laws.(b) An instructor must ensure that the online classroom camera is clearly focused on the instructor at all times, and that all participants remain on their cameras throughout the entire class. Instructors and participants are allowed to be off camera during course break periods.(c) An instructor must take the attendance of participants on the course roster and confirm audio and visual function of the participant's equipment from each participant before the start of each class. The instructor must not admit any participant into an online class if the participant does not have functioning audio and video capability on his or her equipment.(d) A program provider must not enroll a participant into an online court-ordered program if the participant does not have compatible equipment that can allow the participant to take, attend, or complete the program.(e) An instructor must remove any participant from class who fails to remain visible on the participant's camera and report the incident to the program provider at the end of the class. The program provider must record the incident in the course records. The instructor or the program provider must not present a certificate to any participant who fails to complete a court-ordered program.(f) The online program provider is responsible for the administration of pre-course testing to participants, where applicable, and ensure the validity and security of post-course testing using the same or similar methods and procedures as would be used for in-person court-ordered programs.", "sourceNote": "Source Note: The provisions of this §90.48 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209880", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "D", "label": "PROGRAM REQUIREMENTS - CURRICULUM, COURSES, CLASSROOMS, CERTIFICATES" }, "rule": { "number": "§90.49", "label": "Certificate of Program Completion for Participants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209893", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A program provider must ensure that the instructor provides each participant who successfully completes the applicable court-ordered program a certificate of program completion prescribed by the department within five days of successful completion. If an exit interview is required, the program will not be deemed to be successfully completed and a certificate of program completion must not be issued until the exit interview has been conducted.(b) A program provider that offers or provides a court-ordered program may provide the certificate to the participant by regular mail or present it to the participant after successful completion of the course. A program provider shall not provide a certificate to a participant by electronic means.(c) Certificates shall only be issued by the department to the program provider. All program providers must maintain an ascending numerical accounting record of all issued and unissued certificates.(d) The program provider is responsible for ensuring that an original certificate of program completion is issued to each participant who successfully completes a program. The program provider must retain one copy of the certificate in its records.(e) Each program provider must develop procedures for issuing duplicate certificates.(1) The procedures must ensure that the duplicate certificate is a new certificate, is clearly identified as being a duplicate of a previously issued certificate and includes the control number of the previously-issued certificate.(2) The court-ordered program must indicate at the bottom of the course roster on which the participant's original control number was recorded that a duplicate certificate was issued and shall show the new control number and date of issuance for the duplicate certificate.(f) If a program provider allows its license to expire or otherwise loses its license, it must, within 30 days after expiration or other termination of the license, return all unused certificates of program completion to the department.(g) A program provider is responsible for the certificates in accordance with this subsection.(1) A program provider may request the serially numbered certificates by submitting an order with the department's authorized vendor stating the number of certificates to be purchased and include payment of all appropriate fees.(2) A program provider may not transfer unassigned certificates to a licensed program other than the licensed program for which the certificates were ordered.(3) The program provider must maintain effective protective measures to ensure that unissued certificates are secure. The program provider must report all unaccounted-for certificates to the department within fifteen (15) working days of the discovery of the incident. In addition, the program provider must investigate the circumstances surrounding the unaccounted-for certificates. A report of the findings of the investigation, including preventative measures for recurrence, must be submitted to the department within thirty (30) days of the discovery.", "sourceNote": "Source Note: The provisions of this §90.49 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209893", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "E", "label": "PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES" }, "rule": { "number": "§90.50", "label": "Program Administration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209894", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Compliance. A program provider is responsible for all aspects of program compliance with this chapter, including any noncompliance related to the conduct of an instructor, owner, or other personnel.(b) Course Fees and Schedules.(1) A program provider must set definite and reasonable course fees. Course fees may not be assessed on a class-by-class basis.(2) A program provider must maintain, and make available upon request, written course schedules that include the dates, times, and locations where courses will be held, and the fees charged by the program.(c) Program Records and Audits.(1) A program provider must maintain, for at least three years, documentation necessary to demonstrate compliance with all applicable requirements of this chapter. This requirement applies to records and documentation created on or after the effective date of this subsection.(2) Upon request, the program provider must make available or provide to the department during business hours, any of its documents or records, unless otherwise prohibited by law.(d) Referrals.(1) If a program provider or instructor offers or provides court-ordered program referral information to an individual who is required to complete a court-ordered program, the program provider or instructor must:(A) provide the department's phone number and website;(B) advise the individual concerning the individual's choice to complete any court-ordered program or course approved by the department or use any program provider or instructor licensed by the department with the appropriate endorsement; and(C) not require or otherwise attempt to influence an individual to choose a particular court-ordered program, course, provider or instructor.(2) This subsection does not prevent a program provider or instructor from providing information about a specific court-ordered program, course, provider, or instructor when a prospective participant is specifically requesting information about that particular program, course, provider, or instructor.(e) Complaint Procedures and Notice.(1) A program provider must establish procedures to resolve participant complaints.(2) A program provider must provide notice to participants that contains a statement that any complaints against the court-ordered program, program provider, instructor, or any of the program provider's personnel may be directed to the department. The notice must contain the following information: \"Regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, Telephone: (512) 463-6599, Toll-Free (in Texas): (800) 803-9202, Relay Texas-TDD: (800) 735-2989, https://www.tdlr.texas.gov/complaints/\".", "sourceNote": "Source Note: The provisions of this §90.50 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209894", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "E", "label": "PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES" }, "rule": { "number": "§90.51", "label": "Recordkeeping Regarding Course Participants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209895", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All program providers must collect and maintain the following required information on each course participant:(1) name;(2) mailing address, city, and zip code;(3) e-mail address;(4) date of birth;(5) gender;(6) driver's license number (if any);(7) grade in school or educational level achieved;(8) present employment;(9) date of enrollment;(10) date of course completion;(11) dates and attendance record for each class module of the course completed;(12) certificate of completion number; and(13) criminal case cause number.(b) In addition to the requirements in subsection (a), program providers of the Drug Offender Education Programs and the DWI Education Programs must collect and maintain the following required information on each course participant:(1) individual pre-course and post-course test scores;(2) average pre-course and post-course test scores of course participants;(3) aggregate percent of knowledge increase between pre-course and post-course test scores;(4) each course participant's screening instrument;(5) each course participant's screening instrument indicator code/score; and(6) any referral recommendations made to a course participant.(c) In addition to the requirements in subsection (a), program providers of the DWI Intervention Programs must collect and maintain the following required information on each course participant:(1) participants' blood alcohol concentration at time of arrest (if known);(2) the number of prior alcohol/drug-related arrests;(3) documentation that the agreement form, Alcoholics Anonymous attendance, family/significant other attendance, sessions with individual participants, and exit interview requirements were completed as outlined in the Texas DWI Intervention Instructor Program Manual;(4) each course participant's screening instrument;(5) each course participant's screening instrument indicator code/score; and(6) any referral recommendations made to a course participant.(d) In addition to the requirements in subsection (a), program providers of the Alcohol Education Program for Minors must collect and maintain the following required information on each course participant:(1) the name of the referring judge;(2) individual pre-course and post-course test scores;(3) average pre-course and post-course test scores of course participants; and(4) aggregate percent of knowledge increase between pre-course and post-course test scores.(e) A program provider must retain each course roster and a copy of each issued certificate of program completion for at least three years from the date of course completion.(f) All other course records, as defined under §90.10 and specified in this section, must be retained for a minimum of one year from the date of course completion.(g) The records in this section must be accessible by the program provider and made available upon request to the department.", "sourceNote": "Source Note: The provisions of this §90.51 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209895", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "E", "label": "PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES" }, "rule": { "number": "§90.52", "label": "Annual Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209896", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A program provider must file an annual report for the period beginning September 1 of each year and ending August 31 of the following year. The annual report form must be submitted to the department by September 15 of each year.(b) A program provider must submit the following items on the department-prescribed annual report form:(1) total number of participants registered for each program course during the annual reporting period;(2) total number of participants successfully completing each program course during the annual reporting period;(3) total number of courses conducted during the annual reporting period;(4) names of all instructors permitted to give instruction for the program provider and number of courses conducted by each instructor during the annual reporting period;(5) driver's license numbers of all participants, or, in the absence of a driver's license number, the date of birth of each participant completing the course;(6) average percent of knowledge increase across all courses conducted during the annual reporting period from pre-course tests to post-course tests administered (not required for DWI Intervention Programs); and(7) percent of total participants during the annual reporting period indicating significant substance abuse problems, based upon the numerical score on the approved screening instrument required to be administered (not required for Alcohol Education Program for Minors).", "sourceNote": "Source Note: The provisions of this §90.52 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209896", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "E", "label": "PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES" }, "rule": { "number": "§90.53", "label": "Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209897", "queryAsDate": "03/11/2026" }, "ruleBody": "All court-ordered programs must abide by and obtain any consent to disclosure required by applicable Federal and State laws regarding confidentiality of patient/client records including, as applicable and without limitation:(1) 42 United States Code §290dd-2, Confidentiality of Records;(2) 42 Code of Federal Regulations, Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records; and(3) Health and Safety Code, Chapter 611, Mental Health Records.", "sourceNote": "Source Note: The provisions of this §90.53 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209897", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "E", "label": "PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES" }, "rule": { "number": "§90.54", "label": "Discrimination Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209898", "queryAsDate": "03/11/2026" }, "ruleBody": "A program provider or instructor must not discriminate against participants based on sex, race, religion, age, national or ethnic origin, or disability.", "sourceNote": "Source Note: The provisions of this §90.54 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209898", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "F", "label": "FEES" }, "rule": { "number": "§90.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209899", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department and any charges for program-related materials are non-refundable.(b) Fees will be assessed in accordance with the following fee schedule:(1) Program Provider License Fees (paid to department):(A) Initial license application and first endorsement fee--$300;(B) Additional endorsement fee--$280 per endorsement;(C) Renewal application fee--$200;(D) Reinstatement of endorsement fee--$280 per endorsement.(2) Instructor License Fees:(A) Initial license application and first endorsement fee--$50;(B) Additional endorsement fee--$45 per endorsement;(C) Renewal application fee--$40;(D) Reinstatement of endorsement fee--$45 per endorsement.(3) Instructor Training Course Fees (paid to the department's authorized representative, as directed by the department)--$425 per course;(4) Continuing Education Seminar Fees (paid to the department's authorized representative, as directed by the department)--$100 per endorsement per seminar; and(5) Fees for Program Course Materials must be paid to the department's authorized representative, as directed by the department.(c) A duplicate/replacement fee for a license issued under this chapter is $25.(d) A dishonored/returned check or payment fee is the fee prescribed under §60.82.(e) The fee for a criminal history evaluation letter is the fee prescribed under §60.42.(f) Late renewal fees for licenses issued under this chapter are provided under §60.83.", "sourceNote": "Source Note: The provisions of this §90.80 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209899", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§90.91", "label": "Complaints; Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon verbal or written request from the department, a program provider, instructor, or any person associated with the program, must cooperate with the department and furnish requested information concerning any department investigation of a complaint.(b) If the department is investigating a complaint, the program provider or instructor must make available or provide to the department upon request at any reasonable time, any of its documents or records, unless otherwise prohibited by law.", "sourceNote": "Source Note: The provisions of this §90.91 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209900", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§90.92", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209901", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code Chapter 51, Texas Government Code, Chapter 171, the statutory provisions identified in §90.1, this chapter, any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both.", "sourceNote": "Source Note: The provisions of this §90.92 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209901", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§90.93", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209902", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Government Code, Chapter 171, Texas Occupations Code, Chapter 51, the statutory provisions identified in §90.1, and any associated rules may be used to enforce the statutory provisions identified in §90.1 and this chapter.", "sourceNote": "Source Note: The provisions of this §90.93 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209902", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§90.94", "label": "Additional Conduct Subject to Disciplinary Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209903", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department may deny, refuse to renew, or revoke the application or the license of a program provider or an instructor if the applicant for program provider or instructor license, or the program provider or instructor, or a staff member:(1) fails or has failed to comply with applicable requirements under this chapter or any other applicable statute or department rule, or an order of the commission or executive director;(2) falsifies, submits or maintains, or has falsified, submitted, or maintained any substantially false, inaccurate, or incomplete documentation required under this chapter or related to the applicable court-ordered program. This includes submission of any false or misleading statements in an application or other statement or correspondence to the department;(3) engages or has engaged in conduct or promotes, permits, or has promoted or permitted one or more participants to engage in conduct inconsistent with behaviors and principles taught or advocated under the curriculum prescribed under §90.40;(4) attends or has attended any instructor training, instructs or is present at any class in a court-ordered program, or performs duties related to a court-ordered program while under the influence or impaired by alcohol or controlled substances, or provides one or more course participants with, or permits or encourages one or more course participants to use, any alcohol or controlled substance;(5) permits or engages in misrepresentation, fraud, or deceit regarding a court-ordered program provided or instructed by a program provider or instructor;(6) engages or has engaged in conduct toward another that is violent or that constitutes abuse, neglect, or exploitation under applicable law; or(7) engages or has engaged in conduct with respect to a participant that is inequitable, discriminatory, degrading, disrespectful, retaliatory, of a romantic or sexual nature, or which otherwise is or may be harmful to the health, safety, or welfare of a participant, to participants generally, or to the public.(b) If a person's initial application for provider or instructor license has been denied, or upon renewal, the license has been refused or the license revoked, a provider or instructor, upon reapplication for the license, must demonstrate that the reason(s) for the previous revocation, denial or refusal have been remedied.", "sourceNote": "Source Note: The provisions of this §90.94 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209903", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "90", "label": "COURT-ORDERED EDUCATION PROGRAMS" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§90.95", "label": "Criminal Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156228", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person who knowingly sells, trades, issues, or otherwise transfers, or possesses with intent to sell, trade, issue, or otherwise transfer, a certificate or certificate number to a person not authorized to possess the certificate or certificate number is subject to criminal prosecution. The offense under this subsection is a Class A misdemeanor under Section 171.0356, Government Code.(b) A person commits an offense if the person knowingly possesses a certificate or a certificate number that the person is not authorized to possess. The offense under this subsection is a Class A misdemeanor under Section 171.0357, Government Code.", "sourceNote": "Source Note: The provisions of this §90.94 adopted to be effective September 1, 2022, 47 TexReg 5101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156228", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216686", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is adopted under the authority of the Texas Occupations Code, Chapter 51 and Chapter 802.", "sourceNote": "Source Note: The provisions of this §91.1 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216686", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216687", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. A word or term not defined in this chapter shall have the meaning set forth in 9 C.F.R. Chapter I, Subchapter A, Part 1.(1) Act--Texas Occupations Code, Chapter 802, relating to Dog or Cat Breeders.(2) Adult animal--An animal six months of age or older.(3) Animal--A dog or a cat.(4) Cat--A mammal that is wholly or partly of the species Felis domesticus.(5) Commission--The Texas Commission of Licensing and Regulation under Texas Occupations Code, Chapter 51.(6) Controlling person--An individual who:(A) is a partner, manager, director, officer, or member of a dog or cat breeder;(B) possesses the authority to set policy or direct management of a dog or cat breeder; or(C) possesses a direct or indirect control of 25 percent or more of a dog or cat breeder.(7) Department--The Texas Department of Licensing and Regulation under Texas Occupations Code, Chapter 51.(8) Dog--A mammal that is wholly or partly of the species Canis familiaris.(9) Dog or cat breeder--A person who possesses five or more adult intact female animals and is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration.(10) Facility--The premises used by a dog or cat breeder for keeping or breeding animals. The term includes all buildings, property, and confinement areas used to conduct the breeding business.(11) Federal regulations--The specifications for the humane handling, care, treatment, and transportation of dogs and cats set forth in 9 C.F.R. Chapter I, Subchapter A, Part 3, Subpart A.(12) Intact female animal--A female animal that has not been spayed and is capable of reproduction.(13) Kitten--A cat less than six months old.(14) Licensed breeder--A dog or cat breeder who holds a license issued under this chapter.(15) Licensee--A licensed breeder.(16) Positive Physical Contact--Petting, stroking, or other touching, which is beneficial to the well-being of the animal.(17) Possess--To have custody of or control over.(18) Primary enclosure--Any structure used to restrict an animal to a limited amount of space. The term includes a room, pen, run, cage, or compartment.(19) Puppy--A dog less than six months old.(20) Representative--A person authorized or delegated by a licensed breeder to speak, act, or otherwise stand for or on behalf of the licensee.(21) Veterinarian--A veterinarian in good standing and licensed to practice veterinary medicine in this state.(22) Wire or Wire Mesh--Any metal, alloy or other material which allows a free air flow through the material when used, or constructed to be used, as flooring for any structure required by this chapter. The strands of metal, alloy or other material must be completely encased in thick bonded vinyl, plastic or rubberized coating designed so the animal's paws are unable to extend through, or become caught in the openings.", "sourceNote": "Source Note: The provisions of this §91.10 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216687", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.20", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156227", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of the federal government, this state, or a political subdivision of this state.(b) This chapter does not prevent a municipality or county from prohibiting or further regulating by order or ordinance the possession, breeding, or selling of dogs or cats.(c) This chapter does not apply to an animal regulated under the Texas Racing Act (Occupations Code, Title 13, Subtitle A-1).", "sourceNote": "Source Note: The provisions of this §91.20 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156227", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.21", "label": "License Required--Presumptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216688", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of this chapter, each adult intact female animal possessed by a person engaged in the business of breeding animals for direct or indirect sale or for exchange in return for consideration is presumed to be used for breeding purposes unless the person establishes to the satisfaction of the department, based on the person's breeding records or other evidence reasonably acceptable to the department, that the animal is not used for breeding.", "sourceNote": "Source Note: The provisions of this §91.21 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216688", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.22", "label": "License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216689", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who possesses five or more adult intact female animals and is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration must be licensed as a dog or cat breeder under the Act and this chapter.(b) A person required to obtain a breeder's license under this chapter may not act as, offer to act as, or represent that the person is a dog or cat breeder in this state unless the person holds a license under this chapter for each facility that the person owns or operates in this state.(c) A license for a single facility may cover more than one building on the same premises.(d) For purposes of this section, each noncontiguous premise or physical location is a separate facility and must obtain a license under this chapter; unless the noncontiguous premises or physical locations are within 300 feet of each other.(e) A dog or cat breeder who possesses five or more but fewer than 11 adult intact female animals and is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration is not required to hold a license to act as a dog or cat breeder before January 1, 2024.", "sourceNote": "Source Note: The provisions of this §91.22 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216689", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.23", "label": "License Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216690", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a license must submit all required information in a manner and form prescribed by the department.(b) Applicants must submit the following:(1) a complete application;(2) a valid state sales tax identification number;(3) the name and address of each controlling person; and(4) the fee required under §91.80;(c) Each applicant and controlling person must successfully pass a criminal history background check.(d) In addition to the requirements in subsections (b) and (c), each applicant must:(1) successfully pass a facility prelicense inspection conducted by a department-approved inspector; or(2) provide a current Class A animal dealers license issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and a statement certifying that the facility meets the requirements of this chapter; or(3) satisfy the following requirements:(A) successfully pass an administrative facility prelicense inspection conducted by a department-approved inspector by satisfying the requirements in subsections (b) and (c); and(B) provide a current Class B animal dealers license issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and:(i) color photographs at least 4 x 6 inches of each primary enclosure located on the premises or location for licensure;(ii) a statement certifying the number and breed of animals housed in the primary enclosures photographed in clause (i); and(iii) a statement certifying that the facility meets the requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §91.23 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216690", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.24", "label": "License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a breeder license, a person must:(1) submit a completed application in a manner prescribed by the department;(2) provide a valid state sales tax identification number;(3) provide the name and address of each controlling person;(4) successfully pass a criminal background check for each applicant and controlling person;(5) be in compliance with all commission or department orders directed to the applicant or a controlling person; and(6) pay the fee required under §91.80.(b) To renew and maintain continuous licensure, the renewal requirements under this section must be completed before the expiration of the license. A late renewal means the person will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any functions of a breeder that require a license under this chapter.(c) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §91.24 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203486", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.25", "label": "License Approval and Issuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216691", "queryAsDate": "03/11/2026" }, "ruleBody": "The department shall deny issuance of a license to, or refuse to renew the license of, a person if the person or a controlling person of the dog or cat breeder has pled guilty or nolo contendere to, been convicted of, or received deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction in the five years preceding the person's initial or renewal application for a license.", "sourceNote": "Source Note: The provisions of this §91.25 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective February 14, 2021, 46 TexReg 907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216691", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.27", "label": "License--Notice of Proposed Denial, Opportunity to Comply" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216692&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216692", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the department recommends denial of an application for a license under this chapter, the department shall send written notice of the decision to the applicant at the address shown on the application by certified mail, return receipt requested.(b) The notice must state the reason for the department's decision.(c) The notice may state that the decision is temporary pending compliance by the applicant. If the decision is temporary and the applicant complies with this chapter not later than the 14th day after the date the applicant receives the notice, the department may approve the application.", "sourceNote": "Source Note: The provisions of this §91.27 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216692&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216692", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.28", "label": "Department Notifications to Licensee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216693", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise provided for by statute or this chapter, the department may send notice of department proposed actions and decisions through email sent to the last email address designated by the licensee.", "sourceNote": "Source Note: The provisions of this §91.28 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216693", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.29", "label": "License Term" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216694", "queryAsDate": "03/11/2026" }, "ruleBody": "A license issued by the department is valid only for the person named on the license; applies only to the single facility, agency, department or person named on the license; is nontransferable; and is valid for 12 months from the date of issuance.", "sourceNote": "Source Note: The provisions of this §91.29 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216694", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216695", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies only to a dog bred with the intent that it be used primarily for:(1) herding livestock, as defined by §1.003, Agriculture Code, or other agricultural uses;(2) hunting, including tracking, chasing, pointing, flushing, or retrieving game; or(3) competing in field trials, hunting tests, breed or conformation shows, or similar organized performance events.(b) This chapter does not apply to a person to the extent the person breeds dogs described by subsection (a) for a use described by subsection (a). A person described by this subsection may conduct direct or indirect sales or exchanges in return for consideration of dogs described by subsection (a).(c) Notwithstanding subsection (b), a person described by subsection (b) may be subject to the requirements of this chapter based on the person's activities with respect to animals other than dogs that are bred and used as described by this section.(d) Dogs described by subsection (a) may not be counted for purposes of determining the number of adult intact female animals possessed by a person as described by §91.10(9).", "sourceNote": "Source Note: The provisions of this §91.30 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216695", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.50", "label": "Inspections--Prelicense" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216696", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by §91.51, the department shall inspect a facility before a license is issued for the facility.(b) The department may not issue a license to a breeder until the department receives a prelicense inspection report from the inspector in a format approved by the department certifying that the facility meets the prelicense inspection requirements for a license.(c) An applicant whose facility does not meet the requirements of this chapter as revealed by a prelicense inspection may, after correcting deficiencies noted in the inspection report, request another prelicense inspection by paying the required fee to the department. Alternatively, the applicant may provide evidence, in a manner prescribed by the department, that deficiencies have been corrected and that the applicant's facility meets the requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §91.50 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216696", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.51", "label": "Inspections--Prelicense Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216697", "queryAsDate": "03/11/2026" }, "ruleBody": "The department may not require a prelicense inspection of a facility for an applicant who:(1) holds a current Class A animal dealers license issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.); and(2) submits to the department:(A) a copy of the license; and(B) in a manner prescribed by the department, a statement certifying that the facility meets the requirements of the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §91.51 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216697", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.52", "label": "Inspections--Periodic" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216698", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each facility of a licensed breeder shall be inspected at least once in every 18-month period.(b) The inspection must be conducted during the facility's normal business hours, and the licensed breeder or representative must be given a reasonable opportunity to be present during the inspection.(c) If necessary to adequately perform the inspection, the department inspector may determine it is appropriate to not provide advance notice to the licensed breeder or representative before arriving at the facility. The licensed breeder or its representative shall, on request of an inspector, assist the inspector in performing the inspection.(d) An inspector may not enter or access any portion of a private residence of a licensed breeder except as necessary to access animals or other property relevant to the care of the animals.(e) The inspector may request that relevant documents or records be provided for inspection.(f) The inspector shall submit an inspection report to the department not later than the 10th day after the date of the inspection on a form prescribed by the department and provide a copy of the report to the licensed breeder or its representative.(g) Based on the results of the periodic inspection, a licensed facility may be moved to an out-of-cycle inspection provided for in §91.53. The department will notify the owner of the facility, in writing, if the facility becomes subject to out-of-cycle inspection and the scheduled frequency of inspections.(h) The licensee or representative must, upon request, make available to the inspector all records and other documents required by this chapter.(i) On completion of the periodic inspection and while at the facility, the inspector shall leave with the licensee or representative a preliminary report in a manner prescribed by the department listing the items not meeting the requirements of this chapter. The preliminary report required by this section is in addition to the completed report required by this chapter and does not affect the validity of the completed detailed report.(j) The inspection report will identify violations that must be corrected by the licensee. The report may also indicate the corrective actions required to address the violations.(k) The department may assess administrative penalties and/or administrative sanctions for violations disclosed during inspections under this chapter.", "sourceNote": "Source Note: The provisions of this §91.52 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216698", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.53", "label": "Out-of-Cycle Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216699", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Out-of-cycle inspections are those required in addition to periodic inspections required under §91.52 for licensed facilities to ensure compliance with this chapter.(b) To determine which licensees will be subject to out-of-cycle inspections, the department has established criteria and frequencies for inspections.(c) The owner of the facility shall pay the fee required under §91.80 for each out-of-cycle inspection.(d) Facilities subject to out-of-cycle inspections may be scheduled for inspection based on the following risk criteria and inspection frequency:Attached Graphic(e) At the time of inspection of a licensee, the licensee or representative must, upon request, make available to the inspector, records, notices and other documents required by this chapter.(f) On completion of the out-of-cycle inspection and while at the facility, the inspector shall leave with the licensee or representative a preliminary report on a form approved by the department listing the items not meeting the requirements of this chapter. The preliminary report required by this section is in addition to the completed report required by this chapter and does not affect the validity of the completed detailed report. (g) The inspection report will identify violations that must be corrected by the licensee. The report may also indicate recommended corrective actions required to address the violations. Additionally, the department may assess administrative penalties and/or administrative sanctions for violations identified during the out-of-cycle inspection.(h) Facilities on a Tier 1 out-of-cycle inspection schedule that have two inspections with no violations or a Tier 2 out-of-cycle inspection schedule that have three inspections with no violations may be moved to a less frequent out-of-cycle inspection schedule or returned to a periodic schedule of inspections. The department will notify the licensee, in writing, if there is a change in the facility's out-of-cycle schedule or if the facility is returned to a periodic inspection schedule.", "sourceNote": "Source Note: The provisions of this §91.53 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216699", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.54", "label": "Corrective Actions Following Periodic or Out-of-Cycle Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216700", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When corrective actions to achieve compliance are required:(1) the department may provide the licensee a list of recommendations for corrective actions; and(2) the licensee shall complete all corrective actions and provide written verification of the corrective actions to the department according to the following schedule:(A) violations affecting an animal's health shall be corrected immediately; or(B) after consultation with the licensee or representative, violations related to housing facilities must be corrected within a reasonable time as determined by the inspector based on a totality of the circumstances.(3) The department may grant an extension, consistent with established procedures, if satisfactory evidence is presented showing that the time period specified is inadequate to perform the necessary corrections.(b) The department may assess administrative penalties and/or administrative sanctions for violations or for failure to timely complete corrective actions or timely provide written verification of the completion of corrections to the department.(c) Licensees are not obligated to perform the corrective actions recommended by the department and may choose alternative corrective actions to achieve compliance.", "sourceNote": "Source Note: The provisions of this §91.54 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216700", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.55", "label": "Responsibilities of the Department--Directory" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156247", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall maintain a directory of dog or cat breeders licensed under this chapter.(b) The department shall make the directory available to the public.", "sourceNote": "Source Note: The provisions of this §91.55 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156247", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.56", "label": "Responsibilities of the Department--Disciplinary Database" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216701", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall maintain a database of dog or cat breeders who have been subject to disciplinary action or sanctions.(b) The department shall make the information maintained in the database available to the public.", "sourceNote": "Source Note: The provisions of this §91.56 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216701", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.57", "label": "Responsibilities of the Department--Consumer Interest Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216702", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall prepare information of consumer interest describing:(1) the functions performed by the department under this chapter; and(2) the rights of a consumer affected by this chapter.(b) The information must describe the procedure by which a consumer complaint is filed with and resolved by the department.(c) The department shall make the information available to the public.(d) The commission has adopted rules related to handling complaints pursuant to Texas Occupations Code §51.252. These rules are located at 16 Texas Administrative Code Chapter 60, Subchapter H.(e) A qualified person may assist the department in the review and investigation of complaints and will be immune from liability related to these activities pursuant to Texas Occupations Code §51.252.", "sourceNote": "Source Note: The provisions of this §91.57 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216702", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.58", "label": "Responsibilities of the Department--Donations, Disbursements and Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director shall develop procedures for the acceptance, conversion, and deposit of all donations offered by individuals, clubs, organizations, and all other sources.(b) Conversion of donations of real or personal property into United States currency shall be accomplished by the executive director or designee.(c) Donations received shall be deposited in a dedicated training and enforcement account in the general revenue fund to the credit of general revenue subject to exemption from the application of §403.095, Government Code.(d) The executive director shall approve in writing all disbursements from the training and information account.(e) A disbursement under this section may include but is not limited to promotional costs to enhance the fund.(f) All donations may be used for these purposes unless otherwise specifically prohibited by the donor.(g) All disbursements from the accounts will be by check signed by the executive director.(h) The commission will be furnished a quarterly report detailing all deposits into and expenditures from the fund.", "sourceNote": "Source Note: The provisions of this §91.58 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156251", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.59", "label": "Responsibilities of the Department--Reporting Violations; Eligibility of Applicant" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall establish an online complaint reporting system for reporting violations of this chapter, including unlicensed activity by persons required to obtain a license under this chapter.(b) The online reporting system shall provide an option designed to protect from disclosure the identity of persons electing to provide information anonymously.(c) A person shall be eligible to receive a reward if information submitted online or in writing to the department leads to the issuance of a final order by the commission finding unlicensed activity under this chapter.(d) A person providing information under this section may be identified either by name, address and telephone number or may request an anonymous code number which shall be used in lieu of person's name in all subsequent transactions.(e) Information provided by a person under this section shall be independently verified and substantiated by department inspectors or investigators.", "sourceNote": "Source Note: The provisions of this §91.59 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156252", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.60", "label": "Responsibilities of the Department--Payment of Rewards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216703", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The amount of reward granted to eligible applicants may not exceed $1,000 and shall be determined on a case by case basis by the executive director.(b) In the event two or more eligible applicants furnish information pertaining to unlicensed activity, the reward may be divided among the eligible applicants in an amount determined by the executive director.(c) A reward under this section must be authorized by the executive director in writing stating the public purpose served by the payment.(d) A decision by the executive director to pay or otherwise allocate reward payments is within the sole discretion of the executive director and this chapter in no way provides an independent right to such payments, if any.(e) If the commission issues a final order finding unlicensed activity by a person named in the complaint submitted under this section, the department shall issue payment to the person or persons providing the information as soon thereafter as is practical.", "sourceNote": "Source Note: The provisions of this §91.60 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216703", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.61", "label": "Establishment of Licensed Breeder Advisory Committee; Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216704", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission establishes the Licensed Breeder Advisory Committee as required by the Act.(b) The advisory committee shall advise the commission and make recommendations on matters related to the administration and enforcement of the Act, including licensing fees and standards.", "sourceNote": "Source Note: The provisions of this §91.61 adopted to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216704", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.62", "label": "Advisory Committee--Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216705", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory committee consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:(1) two members who are licensed breeders;(2) two members who are veterinarians;(3) two members who represent animal welfare organizations, each of which has an office based in this state;(4) two members who represent the public; and(5) one member who is an animal control officer as defined in §829.001, Health and Safety Code.(b) Except for the members described by subsection (a)(1), a person may not be a member of the advisory committee if the person or a member of the person's household:(1) is required to be licensed under this chapter;(2) is an officer, employee, or paid consultant of an entity required to be licensed under this chapter;(3) owns or controls, either directly or indirectly, more than a 10 percent interest in an entity required to be licensed under this chapter; or(4) is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of an entity required to be licensed under this chapter.(c) The presiding officer of the commission may remove from the advisory committee a member who is ineligible for membership under subsection (b).", "sourceNote": "Source Note: The provisions of this §91.62 adopted to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216705", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.63", "label": "Advisory Committee--Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216706&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216706", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory committee serve staggered four-year terms. The terms of four or five members expire on February 1 of each odd-numbered year.(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the approval of the commission, shall appoint a replacement member to serve for the remainder of the unexpired term.(c) A member of the advisory committee may be removed from the advisory committee pursuant to Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member.", "sourceNote": "Source Note: The provisions of this §91.63 adopted to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216706&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216706", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.64", "label": "Advisory Committee--Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216707", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall designate one member of the advisory committee to serve as presiding officer of the advisory committee for a two-year term.(b) A member may serve more than one term as presiding officer of the advisory committee.(c) The presiding officer of the advisory committee shall preside at all meetings at which the presiding officer is in attendance. The presiding officer of the advisory committee may vote on any matter before the advisory committee.", "sourceNote": "Source Note: The provisions of this §91.64 adopted to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216707", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.65", "label": "Advisory Committee--Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216708", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory committee shall meet at the call of the presiding officer of the commission or the executive director.(b) A quorum of the advisory committee is necessary to conduct official business. A quorum is five members.(c) A decision of the advisory committee is effective only on a majority vote of the members present.(d) A member may not receive compensation for service on the advisory committee. Subject to the department's budget and any limitation provided by the General Appropriations Act, a committee member may receive reimbursement for the actual and necessary expenses incurred while performing advisory committee duties.", "sourceNote": "Source Note: The provisions of this §91.65 adopted to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216708", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.66", "label": "Responsibilities of Inspectors--Inspections, Investigations, and Reports of Animal Cruelty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156246", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Inspections.(1) An inspector must conduct inspections during the facility's normal business hours, and the licensed breeder or representative must be given a reasonable opportunity to be present during the inspection.(2) If an inspector determines it is not appropriate to provide advance notice to the licensed breeder or representative before arriving at the facility, the inspection report must describe the reasons supporting the determination.(3) In conducting an inspection under this section, an inspector may not enter or access any portion of a private residence of a licensed breeder except as necessary to access animals or other property relevant to the care of the animals.(4) An inspector may request that relevant documents or records be provided for inspection.(5) Inspectors must submit inspection reports to the department not later than the 10th day after the date of the inspection in a manner prescribed by the department and provide a copy of the report to the licensed breeder or its representative.(6) An inspector may not perform an inspection authorized by §91.52 and §91.53 unless assigned or requested by the department.(7) Inspections must be conducted in accordance with:(A) the training procedures and protocols approved by the department; or(B) if good cause exists to deviate from the established procedures and protocols or if no procedure or protocol exists for the issues presented during the inspection, the inspection report must contain an explanation of the issues presented and procedures followed.(b) Investigations. On receipt of a complaint alleging a violation of this chapter or a rule adopted under this chapter, the department shall investigate the alleged violation.(c) Reports of Animal Cruelty. A person conducting an inspection or an investigation under this chapter shall notify the appropriate local law enforcement agency not later than 24 hours after discovering evidence of animal cruelty or neglect during the inspection or investigation.", "sourceNote": "Source Note: The provisions of this §91.66 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156246", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.71", "label": "Responsibilities of Licensee--Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed breeder may not engage in false, misleading, or deceptive advertising.(b) Each advertisement must conspicuously include the facility license number in a font clearly distinguishable from the background.(c) For purposes of this section, a website and any offer to sell is considered advertising.", "sourceNote": "Source Note: The provisions of this §91.71 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156248", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.72", "label": "Responsibilities of Licensee--Display of Breeders License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216709", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensed breeder shall prominently display at the breeder's facility, in an area readily accessible to the public, a copy of the department issued breeders license.", "sourceNote": "Source Note: The provisions of this §91.72 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216709", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.73", "label": "Responsibilities of Licensee--Onsite Availability of Law and Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216710", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensed breeder must maintain at each of the breeder's facilities a current printed copy or an electronic copy, in a manner prescribed by the department, of Texas Occupations Code, Chapter 802 and rules adopted by the commission regulating licensed breeders.", "sourceNote": "Source Note: The provisions of this §91.73 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216710", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.74", "label": "Responsibilities of Licensee--Mandatory Contract Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156262", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensed breeder must include in each contract for the sale or transfer of an animal:(1) the license number; and(2) the following statement: \"Dog and cat breeders are regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599, www.tdlr.texas.gov.\"", "sourceNote": "Source Note: The provisions of this §91.74 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective September 1, 2015, 40 TexReg 5149; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156262", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.75", "label": "Responsibilities of Licensee--Change in License Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216711", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensed breeder must notify the department in writing not later than the 10th day after the date any change occurs in the address, name, management, or controlling person of the business or operation.", "sourceNote": "Source Note: The provisions of this §91.75 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216711", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.76", "label": "Responsibilities of Licensee--Annual Inventory" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216712", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than February 1 of each year, a licensed breeder shall submit to the department, in a manner prescribed by the department, an accounting of all animals held at the facility at any time during the preceding calendar year.(b) The licensed breeder shall keep copies of the items described by subsection (a) at the licensed breeder's facility and shall make them available on request to the department inspector.(c) A licensed breeder that has more than one facility shall:(1) keep separate records for each facility; and(2) submit a separate accounting of animals for each facility.", "sourceNote": "Source Note: The provisions of this §91.76 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216712", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.77", "label": "Responsibilities of Licensee--Animal Records Content, Availability, and Retention Period" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed breeder shall maintain, at the licensed facility where the animal is kept, a record for each animal in the breeder's facility documenting the animal's care.(1) Records required by this section must be maintained for at least two (2) years and must include:(A) the date on which the animal enters the facility or operation;(B) the person from whom the animal was purchased or obtained, including the name, address and phone number of such person, and license or registration number if applicable;(C) a description of each animal, including the species, color, breed, sex, date of birth (if not known, the approximate age) and weight;(D) any tattoo, microchip, or other identification number carried by or appearing on the animal;(E) for breeding females:(i) breeding dates;(ii) whelping or queening dates;(iii) number of puppies or kittens per litter;(iv) sire or tom for each litter; and(F) the disposition of each animal with date of disposition.(2) Records required by this section are in addition to records related to preventive and therapeutic veterinary care provided each animal.(3) The licensed breeder shall make the animal records available on request to the department inspector.(b) Records required by this chapter shall be kept at the licensed facility where the animal was last housed for two years from the date of the last entry in the records or the date the animal is no longer housed at the facility, whichever is later.(c) When an animal subject to this chapter is transferred from one licensed facility to another licensed facility, a copy of records related to that animal and required by this chapter must be transferred contemporaneously with the transferred animal.(d) Records documenting routine husbandry, such as annual examinations, vaccinations, preventive medical procedures, or treatments or procedures performed on all animals in a group may be kept on a single record.(1) Requirements to document in the medical records maintained for each animal or in the records related to each animal may include the single group record in addition to or instead of documenting in an individual record maintained for an animal.(2) Requirements for approval or documentation by a veterinarian mean written documentation in the animal's group record, individual record, or both unless otherwise specified.(3) The records related to an animal include all individual and group records related to that animal.", "sourceNote": "Source Note: The provisions of this §91.77 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156255", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.78", "label": "Responsibilities of Licensee--Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216713", "queryAsDate": "03/11/2026" }, "ruleBody": "The licensed breeder or its representative shall, on request of an inspector, assist the inspector in performing the inspection.", "sourceNote": "Source Note: The provisions of this §91.78 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216713", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216714", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application Fees(1) Dog or Cat Breeder License, 5-10 Adult Intact Female Animals(A) Original Application--$150(B) Renewal--$150(2) Dog or Cat Breeder License, 11-25 Adult Intact Female Animals(A) Original Application--$300(B) Renewal--$300(3) Dog or Cat Breeder License, 26 or more Adult Intact Female Animals(A) Original Application--$500(B) Renewal--$500(b) Out-of-Cycle Inspections--$150(c) Revised/Duplicate License--$25(d) Late renewal fees for licenses under this chapter are provided under §60.83.(e) The fee for a dishonored/returned check or payment is the fee prescribed under §60.82.(f) The fee for a criminal history evaluation letter is the fee prescribed under §60.42.(g) All fees paid to the department are nonrefundable.", "sourceNote": "Source Note: The provisions of this §91.80 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216714", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.90", "label": "Administrative Sanctions and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216715", "queryAsDate": "03/11/2026" }, "ruleBody": "A person that violates any provision of the Texas Occupations Code, Chapters 51 and 802, this chapter, or a rule or an order of the executive director or commission will be subject to administrative sanctions and/or administrative penalties under Texas Occupations Code, Chapters 51 and 802, and applicable agency rules.", "sourceNote": "Source Note: The provisions of this §91.90 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216715", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.91", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216716", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 802 may be used to enforce the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §91.91 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216716", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.92", "label": "License Denial, Revocation, and Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216717", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall deny, refuse to renew, suspend, or revoke a license in accordance with Occupations Code, Chapters 51, 53, and 802.(b) The department may deny, refuse to renew, revoke, or suspend a license held by a person who:(1) fails to meet the requirements of the Act or this chapter;(2) has had a similar license issued by a federal, state, or local authority denied, revoked, or suspended;(3) has falsified any material information requested by the department;(4) has failed to meet a standard adopted by rule under this chapter; or(5) has failed to comply with any corrective action required under an inspection report in the time provided by the report.", "sourceNote": "Source Note: The provisions of this §91.92 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective February 14, 2021, 46 TexReg 907; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216717", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.100", "label": "Standards of Care--Housing Generally" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216718", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Structure; construction. Housing facilities for dogs and cats must be designed and constructed so that they are structurally sound. They must be kept in good repair, and they must protect the animals from injury, contain the animals securely, and restrict other animals from entering.(b) Condition and site. Housing facilities and areas used for storing animal food or bedding must be free of any accumulation of trash, waste material, junk, weeds, and other discarded materials. Animal areas inside of housing facilities must be kept neat and free of clutter, including equipment, furniture, and stored material, but may contain materials actually used and necessary for cleaning the area, and fixtures or equipment necessary for proper husbandry practices. Housing facilities must be physically separated from any other business. If a housing facility is located on the same premises as another business, it must be physically separated from the other business so that animals the size of dogs, skunks, and raccoons are prevented from entering it.(c) Surfaces.(1) General requirements. The surfaces of housing facilities--including houses, dens, and other furniture-type fixtures and objects within the facility--must be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled. Interior surfaces and any surfaces that come in contact with dogs or cats must:(A) be free of excessive rust that prevents the required cleaning and sanitization, or that affects the structural strength of the surface; and(B) be free of jagged edges or sharp points that might injure the animals.(2) Maintenance and replacement of surfaces. All surfaces must be maintained on a regular basis. Surfaces of housing facilities--including houses, dens, and other furniture-type fixtures and objects within the facility--that cannot be readily cleaned and sanitized, must be replaced when worn or soiled.(3) Cleaning. Hard surfaces with which the dogs or cats come in contact must be spot-cleaned daily and sanitized in accordance with §91.109(b) to prevent accumulation of excreta and reduce disease hazards. Floors made of dirt, absorbent bedding, sand, concrete, gravel, grass, or other similar material must be raked or spot-cleaned with sufficient frequency to ensure all animals the freedom to avoid contact with excreta. Contaminated material must be replaced whenever this raking and spot-cleaning is not sufficient to prevent or eliminate odors, insects, pests, or vermin infestation. All other surfaces of housing facilities must be cleaned and sanitized when necessary to satisfy generally accepted husbandry standards and practices. Sanitization may be done using any of the methods provided in §91.109(b)(3) for primary enclosures.(d) Water and electric power. The housing facility must have reliable electric power adequate for heating, cooling, ventilation, and lighting, and for carrying out other husbandry requirements in accordance with the regulations in this chapter. The housing facility must provide adequate running potable water for the dogs' and cats' drinking needs, for cleaning, and for carrying out other husbandry requirements.(e) Storage. Supplies of food and bedding must be stored in a manner that protects the supplies from spoilage, contamination, and vermin infestation. The supplies must be stored off the floor and away from the walls, to allow cleaning underneath and around the supplies. Foods requiring refrigeration must be stored accordingly, and all food must be stored in a manner that prevents contamination and deterioration of its nutritive value. All open supplies of food and bedding must be kept in leakproof containers with tightly fitting lids to prevent contamination and spoilage. Only food and bedding that is currently being used may be kept in the animal areas. Substances that are toxic to the dogs or cats but are required for normal husbandry practices must not be stored in food storage and preparation areas, but may be stored in cabinets in the animal areas.(f) Drainage and waste disposal. Housing facility operators must provide for regular and frequent collection, removal, and disposal of animal and food wastes, bedding, debris, garbage, water, other fluids and wastes, and dead animals, in a manner that minimizes contamination and disease risks. Housing facilities must be equipped with disposal facilities and drainage systems that are constructed and operated so that animal waste and water are rapidly eliminated and animals stay dry. Disposal and drainage systems must minimize vermin and pest infestation, insects, odors, and disease hazards. All drains must be properly constructed, installed, and maintained. If closed drainage systems are used, they must be equipped with traps and prevent the backflow of gases and the backup of sewage onto the floor. If the facility uses sump or settlement ponds, or other similar systems for drainage and animal waste disposal, the system must be located far enough away from the animal area of the housing facility to prevent odors, diseases, pests, and vermin infestation. Standing puddles of water in animal enclosures must be drained or mopped up so that the animals stay dry. Trash containers in housing facilities and in food storage and food preparation areas must be leakproof and must have tightly fitted lids on them at all times. Dead animals, animal parts, and animal waste must not be kept in food storage or food preparation areas, food freezers, food refrigerators, or animal areas.(g) Washrooms and sinks. Washing facilities such as washrooms, basins, sinks, or showers must be provided for animal caretakers and must be readily accessible.", "sourceNote": "Source Note: The provisions of this §91.100 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216718", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.101", "label": "Standards of Care--Indoor Housing Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216719", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Heating, cooling, and temperature. Indoor housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being. When dogs or cats are present, the ambient temperature in the facility must not fall below 50° F (10° C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short-haired breeds), and for sick, aged, young, or infirm dogs and cats, except as approved by a veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below 50° F (10° C). The ambient temperature must not fall below 45° F (7.2° C) for more than 2 consecutive hours when dogs or cats are present, and must not rise above 85° F (29.5° C) for more than 2 consecutive hours when dogs or cats are present. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions.(b) Ventilation. Indoor housing facilities for dogs and cats must be sufficiently ventilated at all times when dogs or cats are present to provide for their health and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning must be provided when the ambient temperature is 85° F (29.5° C) or higher. The relative humidity must be maintained at a level that ensures the health and well-being of the dogs or cats housed therein, in accordance with the directions of a veterinarian and generally accepted professional and husbandry practices, as documented in the medical records maintained for each animal.(c) Lighting. Indoor housing facilities for dogs and cats must be lighted well enough to permit routine inspection and cleaning of the facility, and observation of the dogs and cats. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals. Primary enclosures must be placed so as to protect the dogs and cats from excessive light.(d) Interior surfaces. The floors and walls of indoor housing facilities, and any other surfaces in contact with the animals, must be impervious to moisture. The ceilings of indoor housing facilities must be impervious to moisture or be replaceable (e.g., a suspended ceiling with replaceable panels).", "sourceNote": "Source Note: The provisions of this §91.101 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216719", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.102", "label": "Standards of Care--Sheltered Housing Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216720", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Heating, cooling, and temperature. The sheltered part of sheltered housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being. The ambient temperature in the sheltered part of the facility must not fall below 50° F (10° C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress and discomfort (such as short-haired breeds), and for sick, aged, young, or infirm dogs or cats, except as approved by a veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below 50° F (10° C). The ambient temperature must not fall below 45° F (7.2° C) for more than 2 consecutive hours when dogs or cats are present, and must not rise above 85° F (29.5° C) for more than 2 consecutive hours when dogs or cats are present. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions.(b) Ventilation. The enclosed or sheltered part of sheltered housing facilities for dogs and cats must be sufficiently ventilated when dogs or cats are present to provide for their health and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air-conditioning, must be provided when the ambient temperature is 85° F (29.5° C) or higher.(c) Lighting. Sheltered housing facilities for dogs and cats must be lighted well enough to permit routine inspection and cleaning of the facility, and observation of the dogs and cats. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals. Primary enclosures must be placed so as to protect the dogs and cats from excessive light.(d) Shelter from the elements. Dogs and cats must be provided with adequate shelter from the elements at all times to protect their health and well-being. The shelter structures must be large enough to allow each animal to sit, stand, and lie in a normal manner without its body being in contact with at least one side of the shelter walls and to turn about freely.(e) Surfaces.(1) The following areas in sheltered housing facilities must be impervious to moisture:(A) indoor floor areas in contact with the animals, which may consist of flooring that is wire or wire mesh or slatted material;(B) outdoor floor areas in contact with the animals, when the floor areas are not exposed to the direct sun, or are made of a hard material such as wire, wood, metal, or concrete; and(C) all walls, boxes, houses, dens, and other surfaces in contact with the animals.(2) Outside floor areas in contact with the animals and exposed to the direct sun may consist of compacted earth, absorbent bedding, sand, concrete, gravel, or grass.", "sourceNote": "Source Note: The provisions of this §91.102 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216720", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.103", "label": "Standards of Care--Outdoor Housing Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216721", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Restrictions.(1) The following categories of dogs or cats must not be kept in outdoor facilities, unless that practice is specifically approved by a veterinarian and documented by a veterinarian in the medical records related to each dog or cat to which the exemption applies:(A) dogs or cats that are not acclimated to the temperatures prevalent in the area or region where they are maintained;(B) breeds of dogs or cats that cannot tolerate the prevalent temperatures of the area without stress or discomfort (such as short-haired breeds in cold climates); and(C) sick, infirm, aged or young dogs or cats.(2) When their acclimation status is unknown, dogs and cats must not be kept in outdoor facilities when the temperature is less than 50° F (10° C).(b) Shelter from the elements. Outdoor facilities for dogs or cats must include one or more shelter structures that are accessible to each animal in each outdoor facility, and that are large enough to allow each animal in the shelter structure to sit, stand, and lie in a normal manner without its body being in contact with at least one side of the shelter walls and to turn about freely. In addition to the shelter structures, one or more separate outside areas of shade must be provided, large enough to contain all the animals at one time and protect them from the direct rays of the sun. Shelters in outdoor facilities for dogs or cats must contain a roof, four sides, and a floor, and must:(1) provide the dogs and cats with adequate protection and shelter from the cold and heat;(2) provide the dogs and cats with protection from the direct rays of the sun and the direct effect of wind, rain, or snow;(3) be provided with a wind break and rain break at the entrance; and(4) contain clean, dry, bedding material if the ambient temperature is below 50° F (10° C). Additional clean, dry bedding is required when the temperature is 35° F (1.7° C) or lower.(c) Construction. Building surfaces in contact with animals in outdoor housing facilities must be impervious to moisture. Metal barrels, cars, refrigerators or freezers, and the like must not be used as shelter structures. The floors of outdoor housing facilities may be of compacted earth, absorbent bedding, sand, concrete, gravel, or grass, and must be replaced if there are any prevalent odors, diseases, insects, pests, or vermin. All surfaces must be maintained on a regular basis. Surfaces of outdoor housing facilities--including houses, dens, etc.--that cannot be readily cleaned and sanitized, must be replaced when worn or soiled.", "sourceNote": "Source Note: The provisions of this §91.103 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216721", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.104", "label": "Standards of Care--Primary Enclosure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216722", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Primary enclosures for dogs and cats must meet the following minimum requirements:(1) General requirements. Primary enclosures must be designed and constructed of suitable materials so that they are structurally sound. The primary enclosures must be kept in good repair and shall not be placed on top of another primary enclosure unless an impervious barrier designed to prevent the transfer of fluid or animal waste separates the two primary enclosures.(2) Construction and maintenance. Primary enclosures must be constructed and maintained so that they:(A) have no sharp points or edges that could injure the dogs and cats; (B) protect the dogs and cats from injury; (C) contain the dogs and cats securely; (D) keep other animals from entering the enclosure; (E) enable the dogs and cats to remain dry and clean; (F) provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to all the dogs and cats; (G) provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time;(H) provide all the dogs and cats with easy and convenient access to clean food and water;(I) enable all surfaces in contact with the dogs and cats to be readily cleaned and sanitized in accordance with §91.109(b), or be replaceable when worn or soiled;(J) have floors that are constructed in a manner that protects the dogs' and cats' feet and legs from injury, and that, if of mesh or slatted construction, do not allow the dogs' and cats' feet to pass through any openings in the floor;(K) provide sufficient space to allow each dog and cat to turn about freely, to sit, stand, and lie in a comfortable, normal position without its body being in contact with at least one side of the enclosure walls and to walk in a normal manner; and(L) if the suspended floor of a primary enclosure is constructed of metal strands, the strands must either be greater than 1/8 of an inch in diameter (9 gauge) or coated with a material such as plastic or fiberglass. The suspended floor of any primary enclosure must be strong enough so that the floor does not sag or bend between the structural supports.(b) Additional requirements for cats.(1) Space. Each cat, including weaned kittens, that is housed in any primary enclosure must be provided minimum vertical space and floor space in accordance with this chapter.(2) Each primary enclosure housing cats must be at least 24 in. high (60.96 cm).(3) Cats up to and including 8.8 lbs (4 kg) must be provided with at least 3.0 ft2 (0.28 m2 ).(4) Cats over 8.8 lbs (4 kg) must be provided with at least 4.0 ft2 (0.37 m2 ).(5) Each queen with nursing kittens must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices. If the additional amount of floor space for each nursing kitten is equivalent to less than 5 percent of the minimum requirement for the queen, such housing must be approved by a veterinarian.(6) The minimum floor space required by this section is exclusive of any food or water pans. The litter pan may be considered part of the floor space if properly cleaned and sanitized.(7) Compatibility. All cats housed in the same primary enclosure must be compatible, as determined by observation. Not more than 12 adult nonconditioned cats may be housed in the same primary enclosure. Queens in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding. Except when maintained in breeding colonies, queens with litters may not be housed in the same primary enclosure with other adult cats, and kittens under 6 months of age may not be housed in the same primary enclosure with adult cats, other than the dam or foster dam. Cats with a vicious or aggressive disposition must be housed separately.(8) Litter. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes.(9) Resting surfaces. Each primary enclosure housing cats must contain a resting surface or surfaces that, in the aggregate, are large enough to hold all the occupants of the primary enclosure at the same time comfortably. The resting surfaces must be elevated, impervious to moisture, and be able to be easily cleaned and sanitized, or easily replaced when soiled or worn. Low resting surfaces that do not allow the space under them to be comfortably occupied by the animal will be counted as part of the floor space.(c) Additional requirements for dogs.(1) Space.(A) Each dog housed in a primary enclosure (including weaned puppies) must be provided a minimum amount of floor space, calculated as follows: Find the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; then divide the product by 144. The calculation is: (length of dog in inches + 6) x (length of dog in inches + 6) = required floor space in square inches. Required floor space in inches/144 = required floor space in square feet.(B) Each bitch with nursing puppies must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices as determined by a veterinarian. If the additional amount of floor space for each nursing puppy is less than 5 percent of the minimum requirement for the bitch, such housing must be approved by a veterinarian and documented in the medical records related to each dog.(C) The interior height of a primary enclosure must be at least 6 inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position.(2) Compatibility. All dogs housed in the same primary enclosure must be compatible, as determined by observation. Not more than 12 adult nonconditioned dogs may be housed in the same primary enclosure. Bitches in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding. Except when maintained in breeding colonies, bitches with litters may not be housed in the same primary enclosure with other adult dogs, and puppies under 6 months of age may not be housed in the same primary enclosure with adult dogs, other than the dam or foster dam. Dogs with a vicious or aggressive disposition must be housed separately.(3) Prohibited means of primary enclosure. Permanent tethering of dogs is prohibited for use as primary enclosure.(4) Prohibited stacking of primary enclosure. Primary enclosures may not be stacked above three vertical levels.", "sourceNote": "Source Note: The provisions of this §91.104 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216722", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.105", "label": "Standards of Care--Compatible Grouping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156268", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dogs and cats that are housed in the same primary enclosure must be compatible.(b) Females in heat (estrus) may not be housed in the same primary enclosure with males, except for breeding purposes.(c) Any dog or cat exhibiting a vicious or overly aggressive disposition must be housed separately.(d) Puppies or kittens 6 months of age or less may not be housed in the same primary enclosure with adult dogs or cats other than their dams or foster dams, except when permanently maintained in breeding colonies.(e) Dogs or cats may not be housed in the same primary enclosure with any other species of animals, unless they are compatible.(f) Dogs and cats that have or are suspected of having a contagious disease must be isolated from healthy animals in the colony, as directed by a veterinarian. When an entire group or room of dogs and cats is known to have or believed to be exposed to an infectious agent, the group may be kept intact during the process of diagnosis, treatment, and control.", "sourceNote": "Source Note: The provisions of this §91.105 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156268", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.106", "label": "Standards of Care--Exercise for Dogs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216723", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee must develop, document, and follow an appropriate plan to provide dogs with the opportunity for daily exercise. In addition, the plan must be approved by a veterinarian and documented by a veterinarian in the medical records related to each dog. The plan must include written standard procedures to be followed in providing the opportunity for exercise.(b) Dogs housed in groups. Dogs over 12 weeks of age housed, held, or maintained in groups do not require additional opportunity for daily exercise if they are maintained in cages, pens, or runs that provide in total at least 300 percent of the required space for each dog if maintained separately. Such animals may be maintained in compatible groups, unless:(1) in the opinion of a veterinarian, such housing would adversely affect the health or well-being of the dog(s); or(2) any dog exhibits aggressive or vicious behavior.(c) Methods and period of providing exercise opportunity.(1) The frequency, method, and duration of the opportunity for exercise of a dog 12 weeks of age or older shall be at least one hour each day unless a lesser frequency, method, and duration is determined by a veterinarian and documented by a veterinarian in the medical records related to each dog.(2) A licensed breeder must provide positive physical contact with humans that encourage exercise through play or other similar activities. If a dog is housed, held, or maintained at a facility without sensory contact with another dog, it must be provided with positive physical contact with humans at least daily. The positive physical contact required by this section may be concurrent with the required opportunity for daily exercise required in subsection (a).(3) The opportunity for exercise required by this chapter may be provided in a number of ways, such as:(A) group housing in cages, pens or runs that provide at least 300 percent of the required space for each dog if maintained separately under the minimum floor space requirements of §91.104(3)(A);(B) maintaining individually housed dogs in cages, pens, or runs that provide at least three times the minimum floor space required by §91.104(3)(A);(C) providing access to a run or open area that provides at least three times the minimum floor space required by §91.104(3)(A); provides adequate protection against harsh weather, including exposure to the sun; and has flooring with adequate drainage which may include natural turf or soil at the frequency and duration prescribed by a veterinarian; or(D) other similar activities approved by a veterinarian and documented by a veterinarian in the medical records related to each dog.(4) Forced exercise methods or devices such as swimming, treadmills, or carousel-type devices are unacceptable for meeting the exercise requirements of this section.(d) Exemptions.(1) If, in the opinion of a veterinarian, it is inappropriate for certain dogs to exercise because of their health, condition, or well-being, the licensed breeder may be exempted from meeting the requirements of this section for those dogs. Such exemption must be documented by a veterinarian and, unless the basis for exemption is a permanent condition, must be reviewed at least every 30 days by a veterinarian.(2) Records of any exemptions must be maintained separately for each dog and made available to the department inspector upon request.", "sourceNote": "Source Note: The provisions of this §91.106 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216723", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.107", "label": "Standards of Care--Feeding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156272", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dogs and cats must be fed at least once each day, except as otherwise might be required to provide adequate veterinary care. The food must be uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal. The diet must be appropriate for the individual animal's age and condition.(b) Food receptacles must be used for dogs and cats, must be readily accessible to all dogs and cats, and must be located so as to minimize contamination by excreta and pests, and be protected from rain, sleet and snow. Feeding pans must either be made of a durable material that can be easily cleaned and sanitized or be disposable. If the food receptacles are not disposable, they must be kept clean and must be sanitized in accordance with §91.109(b). Sanitization is achieved by using one of the methods described in §91.109(b)(3). If the food receptacles are disposable, they must be discarded after one use. Self-feeders may be used for the feeding of dry food. If self-feeders are used, they must be kept clean and must be sanitized in accordance with §91.109(b). Measures must be taken to ensure that there is no molding, deterioration, or caking of feed.", "sourceNote": "Source Note: The provisions of this §91.107 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156272", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.108", "label": "Standards of Care--Watering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156273", "queryAsDate": "03/11/2026" }, "ruleBody": "If potable water is not continually available to the dogs and cats, it must be offered to the dogs and cats as often as necessary to ensure their health and well-being, but not less than twice daily for at least 1 hour each time, unless restricted by a veterinarian. Water receptacles must be kept clean and sanitized in accordance with §91.109(b), and before being used to water a different dog or cat or social grouping of dogs or cats.", "sourceNote": "Source Note: The provisions of this §91.108 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156273", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.109", "label": "Standards of Care--Cleaning, Sanitization, Housekeeping, and Pest Control" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156274", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Cleaning of primary enclosures. Excreta and food waste must be removed from primary enclosures daily, and from under primary enclosures as often as necessary to prevent an excessive accumulation of feces and food waste, to prevent soiling of the dogs or cats contained in the primary enclosures, and to reduce disease hazards, insects, pests and odors. When steam or water is used to clean the primary enclosure, whether by hosing, flushing, or other methods, dogs and cats must be removed, unless the enclosure is large enough to ensure the animals would not be harmed, wetted, or distressed in the process. Standing water must be removed from the primary enclosure and animals in other primary enclosures must be protected from being contaminated with water and other wastes during the cleaning. The pans under primary enclosures with wire or mesh type floors and the ground areas under raised runs with wire or mesh or slatted floors must be cleaned as often as necessary to prevent accumulation of feces and food waste and to reduce disease hazards pests, insects and odors.(b) Sanitization of primary enclosures and food and water receptacles.(1) Used primary enclosures and food and water receptacles must be cleaned and sanitized in accordance with this section before they can be used to house, feed, or water another dog or cat, or social grouping of dogs or cats.(2) Used primary enclosures and food and water receptacles for dogs and cats must be sanitized at least once every 2 weeks using one of the methods prescribed in subsection (b)(3) and more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta, and other disease hazards.(3) Hard surfaces of primary enclosures and food and water receptacles must be sanitized using one of the following methods:(A) Live steam under pressure;(B) Washing with hot water (at least 180° F (82.2° C)) and soap or detergent, as with a mechanical cage washer; or(C) Washing all soiled surfaces with appropriate detergent solutions and disinfectants, or by using a combination detergent/disinfectant product that accomplishes the same purpose, with a thorough cleaning of the surfaces to remove organic material, so as to remove all organic material and mineral buildup, and to provide sanitization followed by a clean water rinse.(4) Pens, runs, and outdoor housing areas using material that cannot be sanitized using the methods provided in subsection (b)(3), such as gravel, sand, grass, earth, or absorbent bedding, must be sanitized by removing the contaminated material as necessary to prevent odors, diseases, pests, insects, and vermin infestation.(c) Housekeeping for premises. Premises where housing facilities are located, including buildings and surrounding grounds, must be kept clean and in good repair to protect the animals from injury, to facilitate the husbandry practices required in this chapter, and to reduce or eliminate breeding and living areas for rodents and other pests and vermin. Premises must be kept free of accumulations of trash, junk, waste products, and discarded matter. Weeds, grasses, and bushes must be controlled so as to facilitate cleaning of the premises and pest control, and to protect the health and well-being of the animals.(d) Pest control. An effective program for the control of insects, external parasites affecting dogs and cats, and birds and mammals that are pests, must be established and maintained so as to promote the health and well-being of the animals and reduce contamination by pests in animal areas.", "sourceNote": "Source Note: The provisions of this §91.109 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156274", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.110", "label": "Standards of Care--Onsite Personnel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156275", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensed facility must have enough employees onsite to carry out the level of husbandry practices and care required in this chapter. The employees who provide for husbandry and care, or handle animals, must be supervised by an individual who has the knowledge, background, and experience in proper husbandry and care of dogs and cats to supervise others. The employer must be certain that the supervisor and other employees can perform to these standards.(b) Each employee of a licensed facility whose duties or responsibilities include the handling of or caring for a dog or cat shall have the appropriate training documented by the licensee; to include at the minimum subject matter covering basic animal care and handling, prevention of infectious disease, and kennel sanitization.", "sourceNote": "Source Note: The provisions of this §91.110 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156275", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.111", "label": "Standards of Care--Grooming" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216724", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensed breeder shall provide basic grooming to each animal as needed to prevent soiling and matting of the fur, curled or splayed toenails, and other conditions that can hamper an animal's ability to maintain health and cleanliness.", "sourceNote": "Source Note: The provisions of this §91.111 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216724", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.112", "label": "Standards of Care--Veterinary Care" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156277", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Annual examination. A licensed breeder shall have each animal used for breeding examined by a veterinarian at least once in every twelve month period. The annual examination required by this section must be conducted in accordance with practices established under the Veterinary Licensing Act, Occupations Code Chapter 801, and documented by a veterinarian in the medical records related to each animal.(b) Euthanasia and surgical procedures. Only a veterinarian shall be allowed to euthanize an animal or perform a surgical birth.(c) Routine and preventive care. A licensed breeder shall develop and maintain at each of the breeder's facilities a written health care management protocol as required by this section that is approved by a veterinarian and that addresses routine and preventive healthcare for each animal in the facility.(1) The breeder shall ensure that the protocol is followed, and that routine and preventive healthcare is provided to each animal in the facility and that each animal receives appropriate care and treatment for any injury, disease, or illness that may affect the animal's health or well-being.(2) The written health care management protocol required by this section must contain all health care records required by this chapter including all exemptions authorized by this chapter and approved by a veterinarian.(3) On transfer or sale of the animal, a copy of the written health care management protocol required by this section must be transferred with the animal and the original records retained by the licensee.(d) Breeding cycles. A licensed breeder shall provide breeding females adequate rest between breeding cycles as recommended by a veterinarian based on the breed, age, and health of the individual breeding female and documented by a veterinarian in the medical records related to each animal.", "sourceNote": "Source Note: The provisions of this §91.112 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156277", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.113", "label": "Standards of Care--Sales and Transfers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156278", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensed breeder shall not sell, trade, or give away an animal before the animal is at least eight weeks of age.", "sourceNote": "Source Note: The provisions of this §91.113 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156278", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.200", "label": "Transportation Standards--Food and Water Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156279", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each dog and cat that is 16 weeks of age or more must be offered food at least once every 24 hours. Puppies and kittens less than 16 weeks of age must be offered food at least once every 12 hours. Each dog and cat must be offered potable water at least once every 12 hours. Each dog and cat must be offered food and potable water within 4 hours before being transported in commerce.(b) A licensed breeder offering any dog or cat to a carrier or intermediate handler for transportation in commerce must securely attach to the outside of the primary enclosure used for transporting the dog or cat, written instructions for the in-transit food and water requirements for a 24-hour period for the dogs and cats contained in the enclosure. The instructions must be attached in a manner that makes them easily noticed and read.(c) Food and water receptacles must be securely attached inside the primary enclosure and placed so that the receptacles can be filled from outside the enclosure without opening the door. Food and water containers must be designed, constructed, and installed so that a dog or cat cannot leave the primary enclosure through the food or water opening.", "sourceNote": "Source Note: The provisions of this §91.200 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156279", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.201", "label": "Transportation Standards--Mobile or Traveling Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216725", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Heating, cooling, and temperature. Mobile or traveling housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being. The ambient temperature in the mobile or traveling housing facility must not fall below 50° F (10° C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short-haired breeds), and for sick, aged, young, or infirm dogs and cats. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below 50° F (10° C). The ambient temperature must not fall below 45° F (7.2° C) for more than 4 consecutive hours when dogs or cats are present, and must not exceed 85° F (29.5° C) for more than 4 consecutive hours when dogs or cats are present. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions.(b) Ventilation. Mobile or traveling housing facilities for dogs and cats must be sufficiently ventilated at all times when dogs or cats are present to provide for the health and well-being of the animals, and to minimize odors, drafts, ammonia levels, moisture condensation, and exhaust fumes. Ventilation must be provided by means of windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning, must be provided when the ambient temperature within the animal housing area is 85° F (29.5° C) or higher.(c) Lighting. Mobile or traveling housing facilities for dogs and cats must be lighted well enough to permit proper cleaning and inspection of the facility, and observation of the dogs and cats. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals.", "sourceNote": "Source Note: The provisions of this §91.201 adopted to be effective May 1, 2012, 37 TexReg 3075." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216725", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "91", "label": "DOG OR CAT BREEDERS PROGRAM" }, "rule": { "number": "§91.202", "label": "Transportation Standards--Primary Enclosure Used to Transport Live Dogs and Cats" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190025", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees must not transport or deliver for transport in commerce a dog or cat unless the following requirements are met:(1) Construction of primary enclosures. The dog or cat must be contained in a primary enclosure such as a compartment, transport cage, carton, or crate. Primary enclosures used to transport dogs and cats must be constructed so that:(A) The primary enclosure is strong enough to contain the dogs and cats securely and comfortably and to withstand the normal rigors of transportation;(B) The interior of the primary enclosure has no sharp points or edges and no protrusions that could injure the animal contained in it;(C) The dog or cat is at all times securely contained within the enclosure and cannot put any part of its body outside the enclosure in a way that could result in injury to itself, to handlers, or to persons or animals nearby;(D) The dog or cat can be easily and quickly removed from the enclosure in an emergency;(E) Unless the enclosure is permanently affixed to the conveyance, adequate devices such as handles or handholds are provided on its exterior, and enable the enclosure to be lifted without tilting it, and ensure that anyone handling the enclosure will not come into physical contact with the animal contained inside;(F) Unless the enclosure is permanently affixed to the conveyance, it is clearly marked on top and on one or more sides with the words \"Live Animals,\" in letters at least 1 inch (2.5 cm.) high, and with arrows or other markings to indicate the correct upright position of the primary enclosure;(G) Any material, treatment, paint, preservative, or other chemical used in or on the enclosure is nontoxic to the animal and not harmful to the health or well-being of the animal;(H) Proper ventilation is provided to the animal in accordance with paragraph (3); and(I) The primary enclosure has a solid, leak-proof bottom or a removable, leak-proof collection tray under a slatted or mesh floor that prevents seepage of waste products, such as excreta and body fluids, outside of the enclosure. If a slatted or mesh floor is used in the enclosure, it must be designed and constructed so that the animal cannot put any part of its body between the slats or through the holes in the mesh. Unless the dogs and cats are on raised slatted floors or raised floors made of mesh, the primary enclosure must contain enough previously unused litter to absorb and cover excreta. The litter must be of a suitably absorbent material that is safe and nontoxic to the dogs and cats.(2) Cleaning of primary enclosures. A primary enclosure used to hold or transport dogs or cats in commerce must be cleaned and sanitized before each use in accordance with the methods provided in §91.109(b)(3). If the dogs or cats are in transit for more than 24 hours, the enclosures must be cleaned and any litter replaced, or other methods, such as moving the animals to another enclosure, must be utilized to prevent the soiling of the dogs or cats by body wastes. If it becomes necessary to remove the dog or cat from the enclosure in order to clean, or to move the dog or cat to another enclosure, this procedure must be completed in a way that safeguards the dog or cat from injury and prevents escape.(3) Ventilation.(A) Unless the primary enclosure is permanently affixed to the conveyance, there must be:(i) Ventilation openings located on two opposing walls of the primary enclosure and the openings must be at least 16 percent of the surface area of each such wall, and the total combined surface area of the ventilation openings must be at least 14 percent of the total combined surface area of all the walls of the primary enclosure; or(ii) Ventilation openings on three walls of the primary enclosure, and the openings on each of the two opposing walls must be at least 8 percent of the total surface area of the two walls, and the ventilation openings on the third wall of the primary enclosure must be at least 50 percent of the total surface area of that wall, and the total combined surface area of the ventilation openings must be at least 14 percent of the total combined surface area of all the walls of the primary enclosure; or(iii) Ventilation openings located on all four walls of the primary enclosure and the ventilation openings on each of the four walls must be at least 8 percent of the total surface area of each such wall, and the total combined surface area of the openings must be at least 14 percent of total combined surface area of all the walls of the primary enclosure; and(iv) At least one-third of the ventilation area must be located on the upper half of the primary enclosure.(B) Unless the primary enclosure is permanently affixed to the conveyance, projecting rims or similar devices must be located on the exterior of each enclosure wall having a ventilation opening, in order to prevent obstruction of the openings. The projecting rims or similar devices must be large enough to provide a minimum air circulation space of 0.75 in. (1.9 cm) between the primary enclosure and anything the enclosure is placed against.(C) If a primary enclosure is permanently affixed to the primary conveyance so that there is only a front ventilation opening for the enclosure, the primary enclosure must be affixed to the primary conveyance in such a way that the front ventilation opening cannot be blocked, and the front ventilation opening must open directly to an unobstructed aisle or passageway inside the conveyance. The ventilation opening must be at least 90 percent of the total area of the front wall of the enclosure, and must be covered with bars, wire mesh, or smooth expanded metal having air spaces.(4) Compatibility.(A) Live dogs or cats transported in the same primary enclosure must be of the same species and be maintained in compatible groups, except that dogs and cats that are private pets, are of comparable size, and are compatible, may be transported in the same primary enclosure.(B) Puppies or kittens 6 months of age or less may not be transported in the same primary enclosure with adult dogs or cats other than their dams.(C) Dogs or cats that are overly aggressive or exhibit a vicious disposition must be transported individually in a primary enclosure.(D) Any female dog or cat in heat (estrus) may not be transported in the same primary enclosure with any male dog or cat.(5) Space and placement.(A) Primary enclosures used to transport live dogs and cats must be large enough to ensure that each animal contained in the primary enclosure has enough space to turn about normally while standing, to stand and sit erect, and to lie in a natural position.(B) Primary enclosures used to transport dogs and cats must be positioned in the primary conveyance so as to provide protection from the elements.(6) Transportation by air.(A) No more than one live dog or cat, 6 months of age or older, may be transported in the same primary enclosure when shipped via air carrier.(B) No more than one live puppy, 8 weeks to 6 months of age, and weighing over 20 lbs (9 kg), may be transported in a primary enclosure when shipped via air carrier.(C) No more than two live puppies or kittens, 8 weeks to 6 months of age, that are of comparable size, and weighing 20 lbs (9 kg) or less each, may be transported in the same primary enclosure when shipped via air carrier.(D) Weaned live puppies or kittens less than 8 weeks of age and of comparable size, or puppies or kittens that are less than 8 weeks of age that are littermates and are accompanied by their dam, may be transported in the same primary enclosure when shipped to research facilities, including federal research facilities.(7) Transportation by surface vehicle or privately owned aircraft.(A) No more than four live dogs or cats, 8 weeks of age or older, that are of comparable size, may be transported in the same primary enclosure when shipped by surface vehicle (including ground and water transportation) or privately owned aircraft, and only if all other requirements of this section are met.(B) Weaned live puppies or kittens less than 8 weeks of age and of comparable size, or puppies or kittens that are less than 8 weeks of age that are littermates and are accompanied by their dam, may be transported in the same primary enclosure when shipped to research facilities, including federal research facilities, and only if all other requirements in this section are met.(8) Accompanying documents and records. Shipping documents that must accompany shipments of dogs and cats may be held by the operator of the primary conveyance, for surface transportation only, or must be securely attached in a readily accessible manner to the outside of any primary enclosure that is part of the shipment, in a manner that allows them to be detached for examination and securely reattached, such as in a pocket or sleeve. Instructions for administration of drugs, medication, and other special care must be attached to each primary enclosure in a manner that makes them easy to notice, to detach for examination, and to reattach securely. Food and water instructions must be securely attached to the outside of the primary enclosure in a manner that makes them easily noticed and read.", "sourceNote": "Source Note: The provisions of this §91.202 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190025", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190026", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of Article 42A.511, Code of Criminal Procedure and Texas Occupations Code Chapter 51.", "sourceNote": "Source Note: The provisions of this §92.1 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190026", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190027", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Attendance Verification--A system designed for personal validation of course participants with content validation throughout the full length of the course.(2) Commission--The Texas Commission of Licensing and Regulation.(3) Course--An online responsible pet owner course provided to a participant and approved by the department.(4) Course Provider--A person registered by the department to offer online responsible pet owner courses.(5) Department--The Texas Department of Licensing and Regulation.(6) Instructional Hour--One hour of instruction is equivalent to 50 minutes.(7) Participant--An individual that receives court-ordered community supervision, pursuant to Article 42A.511, Code of Criminal Procedure, and is required to register and complete an online responsible pet owner course.", "sourceNote": "Source Note: The provisions of this §92.10 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190027", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.20", "label": "Course Provider Registration Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190028", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person must register with and receive department approval, pursuant to Texas Occupations Code Chapter 51, before offering a course.(b) To register as a course provider, an applicant must:(1) submit an application on a form approved by the department; and(2) pay all applicable fees.", "sourceNote": "Source Note: The provisions of this §92.20 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190028", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.21", "label": "Course Provider Registration Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190029", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Course provider registration is valid for one year, and may be renewed at the end of each registration period.(b) To renew a registration, a course provider must:(1) submit a renewal application on form approved by the department; and(2) pay all applicable fees.", "sourceNote": "Source Note: The provisions of this §92.21 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190029", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.22", "label": "Denial of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190030", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission or the executive director may deny a registration, refuse to renew, or revoke a registration or course approval if the applicant or registered course provider has:(1) violated an order of the commission or executive director, including an order for sanctions or administrative penalties;(2) knowingly submitted false or incomplete information on the application; or(3) provided false, misleading, or deceptive information in the application.(b) If the commission or the executive director denies a registration, refuses to renew, or revokes a registration or course approval, a subsequent application for registration or course approval must contain a statement describing the circumstances leading to the denial or revocation and evidence to demonstrate that the basis for the denial or revocation no longer exists.", "sourceNote": "Source Note: The provisions of this §92.22 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190030", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.30", "label": "Responsible Pet Owner Online Courses -- General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190031", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each course offered by a course provider must be approved by the department before being offered and is valid for one year.(b) To obtain approval of a course, a provider must file a completed application on a department-approved form and pay all applicable fees.(c) If a provider's registration expires, all course approvals for that provider shall expire.", "sourceNote": "Source Note: The provisions of this §92.30 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190031", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.31", "label": "Responsible Pet Owner Online Courses--Course Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190032", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application for course approval must be accompanied by:(1) a course outline that identifies the educational objectives required by subsection (b); and(2) the time allotted for each educational objective.(b) The educational objectives of online responsible pet owner courses must include, but are not limited to the promotion of:(1) respect and observance of federal and state laws which protect livestock and non-livestock animals, and wildlife;(2) responsible care for spaying, neutering and tethering of animals;(3) state and federal laws related to cruelty to livestock and non-livestock animals, attacks on assistance animals and dog fighting;(4) responsible care concepts to include health, safety and welfare for non-livestock and livestock animals, wildlife and bite prevention; and(5) Chapter 802, Texas Occupations Code (Dog or Cat Breeders Act) and Title 16, Chapter 91, Texas Administrative Code (Dog or Cat Breeders Program).(c) The course must be offered online. Each course must be timed and contain a procedure for attendance verification to ensure the participant is active for the full length of the course.(d) The course must include the log-in information for the course including passwords and the procedure for attendance verification.(e) Course materials must have the following characteristics:(1) appropriate grammar, spelling and punctuation;(2) appropriate illustrations and graphics that are consistent with the educational objectives shown in §92.31(b); and(3) comprehensive presentation of subject matter that is consistent with the educational objectives shown in §92.31(b).(f) The course must include:(1) a minimum of two (2) instructional hours;(2) built-in timers to ensure the minimum hours of instruction have been completed by the participant; and(3) attendance verification.", "sourceNote": "Source Note: The provisions of this §92.31 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190032", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.32", "label": "Responsible Pet Owner Online Courses--Attendance Verification Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Personal validation. The course provider shall maintain a system to validate the identity of the person taking the course. The personal validation system shall include the following requirements:(1) Personal validation questions. The course provider shall ask a minimum of ten (10) personal validation questions throughout the course.(2) Time to respond. The participant must correctly answer the online personal validation question within ninety (90) seconds. Failure by the participant to respond within ninety (90) seconds will result in the validation question being scored as incorrect.(3) Placement of questions. At least one personal validation question shall appear in each major unit or section.(4) Exclusion from the course. The course provider shall exclude the participant from the course after the participant has incorrectly answered more than thirty (30) percent of the personal validation questions.(5) Correction of answer. The course provider may correct an answer to a personal validation question for a participant who inadvertently missed a personal validation question. In such a case, the course provider shall record both answers and an explanation of the reasons that the course provider corrected the answer.(b) Alternative methods. Upon approval by the department, the course provider may use alternate methods that are at least as secure as the personal validation question method.(c) Content validation. The course provider shall incorporate a course content validation process that verifies participant comprehension of course material related to the educational objectives shown in §92.31(b), including the following:(1) Testing the participant's course comprehension. The course provider shall ask at least one course content validation question following each major unit or section.(2) Course content validation question difficulty. The question shall be multiple choice. The question shall be difficult enough that the answer may not be easily determined without having viewed the contents of the major unit or section.(3) Mastery of course content. The course provider shall test the participant's mastery of the course content by asking at least two questions from each major unit or section.(A) Test bank. The test bank for course content mastery questions shall include at least five (5) questions from each major unit or section.(B) Failure criteria. The course provider shall exclude the participant from the course after the participant has incorrectly answered more than thirty (30) percent of the content validation questions.(C) Answer identification. The course provider shall not identify the correct answer to the content validation question to the participant.", "sourceNote": "Source Note: The provisions of this §92.32 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190018", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.51", "label": "Responsibilities of Course Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190019", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A course provider must:(1) ensure that courses are delivered online in a manner conducive to learning;(2) include the department-issued provider and course numbers in all advertisements and webpages; and(3) issue a certificate of completion to each participant who completes the course.(b) The certificate of completion must be printable by the person completing the course and include:(1) title and number of the course;(2) unique participant registration number;(3) course provider name, provider number, course name and number, and telephone number;(4) case or cause number for the offense;(5) offense type;(6) court number and county of the offense;(7) date of the offense;(8) course completion date;(9) number of instructional hours;(10) name of the participant who completed the course;(11) electronic signature of the course provider authorized representative, and the participant; and(12) the following statement, signed by the participant: \"Under penalty of law, I attest to the fact by name and signature on this document I have successfully completed the number of hours as required under Texas Administrative Code, Title 16, Chapter 92, and that any false information on this document will be used as evidence against me in a court of law and/or administrative proceeding.\"(c) A course provider may not publish false or misleading advertisements.(d) Course providers are responsible for the conduct and administration of their courses, including the verification of participant attendance and course performance. Course providers must ensure that their courses are administered in a manner consistent with the representations contained in the application for course approval.", "sourceNote": "Source Note: The provisions of this §92.51 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190019", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.52", "label": "Course Provider--Change of Address and Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190020", "queryAsDate": "03/11/2026" }, "ruleBody": "A course provider must notify the department in writing within thirty (30) calendar days of any change in the course provider's address, telephone number, e-mail address, or course website address.", "sourceNote": "Source Note: The provisions of this §92.52 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190020", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.60", "label": "Records and Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A course provider must retain participant records, as identified by §92.51(b), for a period of two years after completion of a course.(b) To determine whether a course provider is complying with the requirements of this chapter, department employees and representatives may conduct an audit of the approved course. Audits may be conducted without prior notice to the course provider and department employees and representatives may enroll in a course without identifying themselves as employees or representative of the department.(c) Course providers must maintain a means to ensure the security and integrity of participant information which must include a privacy policy statement. The privacy policy statement must be provided to course registrants at the time of registration.(d) Upon request, a course provider must provide information, including copies of specified records, to the department within ten business days of the date of the request.", "sourceNote": "Source Note: The provisions of this §92.60 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190021", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190022", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Course provider application fee--$200.(b) Course provider renewal application fee--$200.(c) Online responsible pet owner course-approval fee per course--$100.(d) Revised/Duplicate/Certificate/Permit/Registration--$25.(e) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(f) All fees paid to the department are non-refundable.", "sourceNote": "Source Note: The provisions of this §92.80 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190022", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.90", "label": "Complaints; Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190023", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon request from the department, a course provider must cooperate with the department, its employees and representatives, and furnish requested information concerning any department investigation.(b) Within ten business days from the date of the request, a course provider must provide to the department any of its documents or records, unless otherwise prohibited by law.(c) The course provider's name, address, phone number, and provider number shall appear on all business-related communications, business website and advertisements from the provider. The following information: \"Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202 (in-state only), (512) 463-6599; website: \"www.tdlr.texas.gov\" shall appear for purposes of directing questions or complaints.", "sourceNote": "Source Note: The provisions of this §92.90 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190023", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.91", "label": "Sanctions--Administrative Sanctions and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190024", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code Chapter 51, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 51, and any associated rules.", "sourceNote": "Source Note: The provisions of this §92.91 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190024", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "92", "label": "RESPONSIBLE PET OWNERS" }, "rule": { "number": "§92.95", "label": "Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144033", "queryAsDate": "03/11/2026" }, "ruleBody": "A course provider must submit a monthly report to the department containing the:(1) total number of course completion certificates issued;(2) name and county of residence of all participants;(3) location of the court and county where the offenses occurred; and(4) dates of course completion.", "sourceNote": "Source Note: The provisions of this §92.95 adopted to be effective March 15, 2018, 43 TexReg 1433." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144033", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "149699", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapters 51 and 1151.", "sourceNote": "Source Note: The provisions of this §94.1 adopted to be effective January 18, 2010, 35 TexReg 367." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "149699", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165484", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: (1) Act--Texas Occupations Code, Chapter 1151. (2) Registered Texas Collector (\"RTC\")--Certified Class III Collector. (3) Registered Professional Appraiser (\"RPA\")--Certified Class IV Appraiser. (4) Registered Texas Assessor/Collector (\"RTA\")--Certified Class IV Assessor/Collector. (5) USPAP--Uniform Standards of Professional Appraisal Practice.", "sourceNote": "Source Note: The provisions of this §94.10 adopted to be effective January 18, 2010, 35 TexReg 367; amended to be effective January 1, 2011, 35 TexReg 11625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165484", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.20", "label": "Persons Required to Register" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165483", "queryAsDate": "03/11/2026" }, "ruleBody": "Those required to register are:(1) the chief appraiser of an appraisal district, an appraisal supervisor or assistant, a property tax appraiser, an appraisal engineer, and any other person authorized to render judgment on, recommend, or certify an appraised value to the appraisal review board of an appraisal district;(2) a person who engages in appraisal of property for ad valorem tax purposes for an appraisal district or a taxing unit;(3) an assessor-collector, other than a county assessor-collector, a collector, or another person designated by a governing body as the chief administrator of the taxing unit's assessment functions, collection functions, or both; and(4) a person who performs assessment or collection functions for a taxing unit and is required to register by the chief administrator of the unit's tax office.", "sourceNote": "Source Note: The provisions of this §94.20 adopted to be effective January 18, 2010, 35 TexReg 367; amended to be effective January 1, 2014, 38 TexReg 9524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165483", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.21", "label": "Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "149701", "queryAsDate": "03/11/2026" }, "ruleBody": "To be registered an applicant must:(1) be at least 18 years of age;(2) be a resident of the State of Texas;(3) be a person of good moral character;(4) be a graduate of an accredited high school or holder of high school graduation equivalency;(5) be actively engaged in appraisal, assessing/collecting, or collecting for an appraisal district, tax office, or private firm working for an appraisal district or tax office;(6) submit a completed application on a form approved by the department;(7) pay the applicable fees under §94.80; and(8) successfully complete all requisites appropriate for the applicant's classification level:(A) Appraisers(i) A Class I appraiser must be registered.(ii) A Class II appraiser must:(I) be a Class I appraiser registrant; and(II) successfully complete within twelve months of registration:(-a-) no less than 32 hours in the basics of the Texas property tax system;(-b-) no less than 8 hours in ethics; and(iii) A Class III appraiser must:(I) be registered as a Class II appraiser registrant; and(II) successfully complete within thirty-six months of registration:(-a-) no less than 18 hours in the income approach to value;(-b-) no less than 18 hours in the theory and practice of personal property appraisal;(-c-) no less than 15 hours in USPAP;(-d-) no less than 24 hours in the theory and practice of appraisal of real property; and(-e-) pass the Class III examination.(iv) A Class IV appraiser (RPA) must:(I) be registered as a Class III appraiser registrant; and(II) successfully complete within sixty months of registration:(-a-) no less than 18 hours in analyzing real property appraisal;(-b-) no less than 16 hours in Texas Property Tax Law; and(-c-) no less than 18 hours in mass appraisal;(III) successfully complete no less than 3.5 hours in USPAP if the 15 hour USPAP course has not been completed in the last two years;(IV) pass the appraiser Class IV examination within five years of registration; and(V) have a minimum of three years experience as a registered appraiser.(B) Assessor/Collectors(i) A Class I assessor/collector must be registered.(ii) A Class II assessor/collector must:(I) be registered as a Class I assessor/collector registrant; and(II) successfully complete within twelve months of registration:(-a-) no less than 32 hours in the basics of the Texas property tax system; and(-b-) no less than 8 hours in ethics.(iii) A Class III assessor/collector must:(I) be registered as a Class II assessor/collector registrant; and(II) successfully complete within thirty-six months of registration:(-a-) no less than 16 hours in Texas Property Tax Law; and(-b-) no less than 18 hours in assessment and collection.(iv) A Class IV assessor/collector (RTA) must:(I) be registered as a Class III assessor/collector registrant;(II) successfully complete within sixty months of registration:(-a-) no less than 18 hours in advanced assessment and collections;(-b-) no less than 12 hours in truth in taxation;(III) pass the Class IV assessor/collector examination within five years of registration; and(IV) have a minimum of three years experience as a registered assessor/collector.(C) Collectors(i) A Class I collector must:(I) be registered; and(II) successfully complete within twelve months of registration:(-a-) no less than 32 hours in the basics of the Texas property tax system; and(-b-) no less than 8 hours in ethics.(ii) A Class II collector must:(I) be registered as a Class I registrant; and(II) successfully complete:(-a-) no less than 16 hours in Texas Property Tax Law;(-b-) no less than 18 hours in assessment and collection; and(-c-) no less than 18 hours in advanced assessment and collections.(iii) A Class III collector (RTC) must:(I) be registered as a Class II collector registrant;(II) pass the collector Class III examination within three years of registration; and(III) have a minimum of two years experience as a registered collector.(D) The provisions in this paragraph apply to registrations that renew on or after January 1, 2011.", "sourceNote": "Source Note: The provisions of this §94.21 adopted to be effective January 18, 2010, 35 TexReg 367; amended to be effective January 1, 2011, 35 TexReg 11625; amended to be effective January 1, 2014, 38 TexReg 9524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "149701", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.22", "label": "Renewal of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155393", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All registrations expire one year after the day issued. The Department may extend the expiration date of a registration to correspond to the registrant's original registration date.(b) To renew an applicant must:(1) comply with all provisions of the Act and this chapter;(2) submit a completed application on a department-approved form;(3) pay the applicable fees; and(4) successfully complete all requisites appropriate for the renewal applicant's classification level.(c) To renew and maintain continuous registration, the renewal requirements must be completed prior to the expiration of the registration.(d) Applications not filed by the expiration date are considered applications for late renewal and are subject to late renewal fees under §60.83 of this title (relating to Late Renewal Fees).(e) Registrations issued from a late renewal application will have an unregistered period from the expiration date of the previous registration to the issuance date of the renewed registration. Work that requires a registration issued under this chapter must not be performed during the unregistered period.(f) A registrant must complete all registration renewal requirements within one year of the date the registration expires, or the renewal application shall be deemed void.(g) If the registrant does not meet the deadline established in subsection (f), the person must reapply for a new registration by complying with the requirements and procedures, including any examination requirements and payment of fees.(h) Non-receipt of a renewal notice from the department does not exempt a person from any requirement of this chapter.", "sourceNote": "Source Note: The provisions of this §94.22 adopted to be effective January 18, 2010, 35 TexReg 367; amended to be effective January 1, 2011, 35 TexReg 11625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155393", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.24", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To change a registration to inactive status, an applicant must submit a completed application on a department-approved form.(b) A person whose registration is on inactive status may not engage in activity requiring a registration.(c) A registration on inactive status must be renewed in accordance with §94.22; however, continuing education is not required for renewal of a registration on inactive status.(d) The time period to obtain certification requirements is stopped for the duration the registration is on inactive status.(e) To change from an inactive registration to an active registration, an applicant must:(1) submit a completed application on a department-approved form;(2) pay the applicable fee; and(3) complete the continuing education that is required for the renewal of an active registration during the preceding registration period. Continuing education hours used to satisfy the requirement for changing from an inactive license status to an active license status may not also be utilized for a future renewal of an active registration.", "sourceNote": "Source Note: The provisions of this §94.24 adopted to be effective March 1, 2012, 37 TexReg 1325." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165485", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155394", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.(b) A Registered Professional Appraiser (RPA) must complete 30 hours of approved continuing education to be eligible to renew the registration. The continuing education must include:(1) two hours in ethics as required by §94.25(j)(3);(2) a state laws and rules update course; and(3) 3.5 hours in USPAP.(c) A Registered Professional Appraiser (RPA) that is a chief appraiser must complete 30 hours of approved continuing education to be eligible to renew the registration. The continuing education must include:(1) 3.5 hours in USPAP;(2) a state laws and rules update course;(3) two hours in chief appraiser ethics, as required by §94.25(j)(3); and(4) 15 hours in one or more of the topics listed in §94.25(j)(1), (3), (4), (5), or (6).(5) The provisions of subsection (c) are effective for those registrations expiring on or after January 1, 2015.(d) A Registered Texas Assessor-Collector (RTA) must complete 30 hours of approved continuing education to be eligible to renew the registration. The continuing education must include:(1) two hours in ethics; and(2) a state laws and rules update course.(e) A Registered Texas Collector (RTC) must complete 10 hours of approved continuing education to be eligible to renew the registration. The continuing education must include:(1) two hours in ethics; and(2) a state laws and rules update course.(f) Continuing education credit must be completed during the 24 month period before the expiration of the license. Newly certified registrants are not required to complete continuing education until their second renewal after their certification deadline.(g) For a late renewal, the continuing education hours must have been completed within the two-year period prior to the date of renewal.(h) A course approved for use under §94.21 may be taken for continuing education credit.(i) A registrant may not receive continuing education credit for attending the same department-numbered course more than once within the two-year period prior to the date of renewal.(j) To be approved by the Comptroller, a provider's course must be dedicated to instruction in:(1) appraisal procedures and methods;(2) tax assessment and collection;(3) ethics;(A) general; or(B) chief appraiser;(4) laws and rules;(5) USPAP; or(6) customer service.(k) The provisions in this section apply to registrations that renew on or after January 1, 2011.", "sourceNote": "Source Note: The provisions of this §94.25 adopted to be effective January 1, 2011, 35 TexReg 11625; amended to be effective March 1, 2012, 37 TexReg 1325; amended to be effective January 1, 2014, 38 TexReg 9524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155394", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.26", "label": "Break In Service Credit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155395", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant may receive an adjustment of their anniversary date for a break in service as defined in Texas Occupations Code, §1151.160(f) by:(1) submitting a completed form approved by the department; and(2) paying the applicable fee.(b) An applicant for credit under this provision must provide proof, acceptable to the department, of time during which the person was not employed in the type of employment for which the person was registered. If no proof is available, the department may award credit for \"break in service\" as it determines from previous department registration records.(c) Under no circumstances will a break in service credit exceed five years.", "sourceNote": "Source Note: The provisions of this §94.26 adopted to be effective March 1, 2012, 37 TexReg 1325." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155395", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.27", "label": "One-Year Extension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155396", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant may receive a one-year extension to meet certification requirements by:(1) submitting a completed form approved by the department;(2) paying the applicable fee; and(3) submitting supporting documentation deemed appropriate by the department for extension under Texas Occupations Code, §1151.160(g).(b) The extension will begin on the day after the original deadline for certification, regardless of when the extension is requested or on the discretion of the department.", "sourceNote": "Source Note: The provisions of this §94.27 adopted to be effective March 1, 2012, 37 TexReg 1325." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155396", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.28", "label": "Re-application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208717", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant that does not meet any of the requirements for extension under Texas Occupations Code, §1151.160(g), and does not qualify for reinstatement under Texas Occupations Code, §1151.1605, may re-apply for registration after being unregistered for two years by:(1) paying the applicable fee for new application;(2) submitting a completed form approved by the department; and(3) qualifying as class II registrant.", "sourceNote": "Source Note: The provisions of this §94.28 adopted to be effective March 1, 2012, 37 TexReg 1325." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208717", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.60", "label": "Department Information on Appraisal District Reviews" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "149703", "queryAsDate": "03/11/2026" }, "ruleBody": "The department must provide in the licensing record for each registered professional appraiser who serves as chief appraiser for an appraisal district at the time the comptroller finalizes its biennial review of the appraisal district's performance required under Section 5.102(c), Tax Code, an electronic link to:(1) the comptroller's report for the review; and(2) each comptroller-conducted property value study pursuant to Subchapter M, Chapter 403, Government Code, used in the review.", "sourceNote": "Source Note: The provisions of this §94.60 adopted to be effective May 1, 2022, 47 TexReg 2524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "149703", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.70", "label": "Responsibilities of a Registrant: General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144040", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant must not violate any provision of the Act or this chapter.(b) A registrant must timely respond to the department's investigative requests including making a complete written answer to any complaint.(c) Registrants must inform the department within 30 days of any changes to their employment and change their registration as appropriate.(d) A registrant must not violate the property tax professional's Code of Ethics, referenced in §94.100, or aid or encourage another to violate the Code of Ethics.(e) A registrant must not engage in any practices that constitute acts of improper influence, conflict of interest, unfair treatment, discrimination, abuse of powers, or misuse of titles.(f) A registrant must be in compliance with any report issued by the Comptroller of Public Accounts under §5.102 of the Tax Code.(g) An appraisal registrant or assessor/collector must be certified in their field within five years of registration.(h) A collector registrant must be certified in their field within three years of registration.(i) A registrant may act in a purely private capacity regarding a personal tax matter so long as he does not use his official position to influence the outcome of such a dispute.", "sourceNote": "Source Note: The provisions of this §94.70 adopted to be effective January 18, 2010, 35 TexReg 367; amended to be effective January 1, 2011, 35 TexReg 11625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144040", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.71", "label": "Responsibilities of a Registrant: Equal and Fair Treatment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144041", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant must apply equally and fairly any appraisal, assessment, or consulting service according to the Uniform Standards of Professional Appraisal Practice and generally accepted appraisal, assessment, or collection practices applicable to an assignment.(b) A registrant may not accept or solicit any benefit in return for favorable treatment.(c) A registrant must not knowingly testify falsely or withhold any information, or influence anyone into testifying falsely or withholding any information in any investigation or proceeding.(d) A registrant must not knowingly mislead any member of the public who makes a reasonable inquiry or request on tax matters.(e) A registrant must not predetermine the value or value range of a property or properties and then manipulate data to arrive at a predetermined conclusion.(f) A registrant must not perform calculations:(1) by methods other than those directed by law, rule, or written guidance of the Comptroller of Public Accounts, or(2) that are designed to result in a predetermined effective tax rate, or rollback tax rate, current or delinquent collection rate, or other value, rate, or ratio used for official purposes.(g) A registrant must not provide, to any private party, information that is not provided to, or reasonably available to all persons.", "sourceNote": "Source Note: The provisions of this §94.71 adopted to be effective January 18, 2010, 35 TexReg 367." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144041", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.72", "label": "Responsibilities of a Registrant: Conflicts of Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144046&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144046", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant must disclose in writing to the appraisal district or taxing entity any relationship of consanguinity within the third degree that may relate to an assignment so long as he holds a registration position.(b) A registrant must disclose in writing to the appraisal district or taxing entity any outside employment.(c) A registrant must disclose in writing to the appraisal district or taxing entity any financial interest in any private business or real property subject to the appraisal district or taxing entity where she is employed.(d) A registrant must not invest in property, interests, or transactions which create a conflict of interest or which affects independent judgment or performance in the official position.(e) A registrant must not engage in any activity or employment outside of the appraisal office or tax office if such engagement adversely affects his impartiality in the execution of his official duties or adversely affects the performance of his official duties.(f) A registrant must not use agency resources for the personal benefit of himself, any party in whom he has an interest, or any public servant; or for the benefit of any social or political organization unless any member of the general public could make similar use of the agency resources.(g) A registrant in their official capacity must not endorse the services or products of any person or firm.", "sourceNote": "Source Note: The provisions of this §94.72 adopted to be effective January 18, 2010, 35 TexReg 367." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144046&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144046", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.73", "label": "Responsibility of Registrant: Use of Titles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165486", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not use the titles Registered Professional Appraiser, Registered Texas Assessor/Collector, or Registered Texas Collector unless he is an active and certified registrant with the department and performing official duties as a property tax appraiser, assessor/collector, or collector.", "sourceNote": "Source Note: The provisions of this §94.73 adopted to be effective January 18, 2010, 35 TexReg 367." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165486", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application fees.(1) Appraiser--$100(2) Collector--$100(3) Assessor/Collector--$100(b) Renewal fees.(1) Appraiser--$55 for registrations expiring before February 1, 2014; $45 for registrations expiring on or after February 1, 2014(2) Collector--$55 for registrations expiring before February 1, 2014; $45 for registrations expiring on or after February 1, 2014(3) Assessor/Collector--$55 for registrations expiring before February 1, 2014; $45 for registrations expiring on or after February 1, 2014(c) \"Break in service\" credit application fee--$75(d) One-Year Extension application fee--$25(e) Change from inactive status to active status--$25(f) Late Renewal Fees. Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(g) Revised/Duplicate License/Certificate/Permit/Registration--$25(h) All fees are non-refundable, except as otherwise provided by law.", "sourceNote": "Source Note: The provisions of this §94.80 adopted to be effective January 18, 2010, 35 TexReg 367; amended to be effective March 1, 2012, 37 TexReg 1325; amended to be effective January 1, 2014, 38 TexReg 9527." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144042", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.90", "label": "Sanctions and Administrative Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144043", "queryAsDate": "03/11/2026" }, "ruleBody": "A person who violates the Texas Occupations Code, Chapter 1151, a rule, or an order of the executive director or commission relating to Texas Occupations Code, Chapter 1151, will be subject to administrative sanctions and/or administrative penalties under Texas Occupations Code, Chapters 51 and 1151 and applicable agency rules.", "sourceNote": "Source Note: The provisions of this §94.90 adopted to be effective January 18, 2010, 35 TexReg 367." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144043", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.91", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148534", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1151 and any associated rules may be used to enforce Texas Occupations Code, Chapter 1151 and this chapter.", "sourceNote": "Source Note: The provisions of this §94.91 adopted to be effective January 18, 2010, 35 TexReg 367." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148534", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "94", "label": "PROPERTY TAX PROFESSIONALS" }, "rule": { "number": "§94.100", "label": "Code of Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186718", "queryAsDate": "03/11/2026" }, "ruleBody": "Registrants must:(1) be guided by the principle that property taxation should be fair and uniform, and apply all laws, rules, methods, and procedures, in a uniform manner, to all taxpayers;(2) not accept or solicit any gift, favor, or service that might reasonably tend to influence the registrant in the discharge of official duties, with the following exceptions:(A) the benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with the office which are nonreimbursable by the state or political subdivision;(B) a political contribution as defined by Title 15 of the Election Code; or(C) an item with a value of less than $50, excluding cash or a negotiable instrument;(3) not use information received in connection with the duties of an appraiser, assessor, or collector for their own purposes, unless such information can be known by ordinary means to any ordinary citizen;(4) not engage in an official act that is dishonest, misleading, fraudulent, deceptive, or in violation of law;(5) not conduct their professional duties in a manner that could reasonably be expected to create the appearance of impropriety;(6) not accept an appraisal, assessment, or collection related assignment that can reasonably be construed as being in conflict with the registrant's responsibility to their jurisdiction, employer, or client, or in which the registrant has an unrevealed personal interest or bias; and(7) not accept an assignment or responsibility in which the registrant has a personal interest without full disclosure of that interest.", "sourceNote": "Source Note: The provisions of this §94.100 adopted to be effective January 18, 2010, 35 TexReg 367; amended to be effective October 15, 2010, 35 TexReg 9083." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186718", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186719", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under Texas Occupations Code, Chapters 51 and 2402.", "sourceNote": "Source Note: The provisions of this §95.1 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186719", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186720", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise defined in this chapter, each term used in this chapter has the meaning assigned by Texas Occupations Code, Chapter 2402 and Texas Government Code, Chapter 2001.(1) Airport--means an airport owner or operator.(2) Cruise Ship Terminal--means a governing body of a governmental entity with jurisdiction over a cruise ship terminal.", "sourceNote": "Source Note: The provisions of this §95.2 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186720", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.10", "label": "Rule Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186721", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Nothing in these rules shall be construed to:(1) prohibit an airport or cruise ship terminal from:(A) imposing regulations including a reasonable fee to or from airport or cruise ship terminal;(B) enforcing those regulations in a manner consistent with any compliance, assurances, and obligations under federal law, rules, regulations, and policies; or(C) from requesting third-party auditable reports of the numbers of rides to and from an airport or cruise ship terminal; or(2) authorize an airport or cruise ship terminal to compel data sharing or to impose additional requirements on a personal vehicle or driver; including, tracking of the vehicle or driver when logged into the digital network.(3) prohibit transportation network companies and airports or cruise ship terminals from entering into mutual data sharing agreements.(b) For purposes of this section, a reasonable fee means a fee:(1) established using one of the following fee setting methodologies for airports which provides for a self-sustaining and market based fee consistent with guidelines published by the Federal Aviation Administration and:(A) imposed on May 29, 2017 by an airport;(B) calculated by the costs of airport facilities and services used for non-aeronautical services including a market-based return proportionate to the uses of the facility. The fee resulting from the fee setting methodology must be transparent, and not unjustly discriminatory.(C) for an airport that did not have a fee imposed on the date referenced in paragraph (1)(A), and that adopts the fees imposed on the date in paragraph (1)(A) by an airport with a similar number of passengers boarding annually, or uses the fee setting methodology in paragraph (1)(B); or(D) mutually agreed upon by the transport network company and the airport.(E) A reasonable fee established under this section may include an adjustment escalator option based on an appropriate index selected by the airport which incorporates geographic economic conditions.(2) the fee setting methodology for cruise ship terminals using one of the following fee setting methodologies including fees:(A) imposed on May 29, 2017 by a cruise ship terminal;(B) calculated by the costs of cruise ship terminal facilities and services including a market-based return proportionate to the uses of the facility. The fee resulting from the fee setting methodology must be transparent and not unjustly discriminatory;(C) of a cruise ship terminal that did not have a fee imposed on the date referenced in paragraph (2)(A), and that adopts the fee imposed on the date in paragraph (2)(A) by a cruise ship terminal with a similar number of passengers boarding annually, or performs a cost-of-service study under paragraph (2)(B); or(D) mutually agreed upon by the transportation network company and the cruise ship terminal.(E) A reasonable fee established under this section may include an adjustment escalator option based on an appropriate index selected by the cruise ship terminal which incorporates geographic economic conditions.", "sourceNote": "Source Note: The provisions of this §95.10 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186721", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.20", "label": "Permit Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186722", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not operate a transportation network company in this state without first obtaining and maintaining a transportation network company permit.", "sourceNote": "Source Note: The provisions of this §95.20 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186722", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.21", "label": "Permit Terms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186723", "queryAsDate": "03/11/2026" }, "ruleBody": "A transportation network company permit issued under this chapter is:(1) valid for one year from the date of issuance;(2) valid throughout the state; and(3) nontransferable.", "sourceNote": "Source Note: The provisions of this §95.21 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186723", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.22", "label": "Transportation Network Company Permit Initial Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186724", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for a transportation network company permit, an applicant must:(1) submit a completed application on a form and in the manner prescribed by the department;(2) provide electronic proof of insurance with the policy coverage required by Texas Occupations Code, Chapter 2402;(3) certify that the applicant meets the requirements of Texas Occupations Code, Chapter 2402; and(4) pay the fee set out under §95.80.", "sourceNote": "Source Note: The provisions of this §95.22 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186724", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.23", "label": "Transportation Network Company Permit Renewal Notice and Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186725", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will send written notice to permit holders at least thirty (30) days before the permit expires. The notice will be emailed to the permit holder's last known email address in the department's licensing records.(b) To be eligible to renew a permit, a permit holder must:(1) submit a completed application on a form and in the manner prescribed by the department;(2) provide electronic proof of insurance with the coverage required by Texas Occupations Code, Chapter 2402;(3) certify that the applicant continues to meet the requirements of Texas Occupations Code, Chapter 2402; and(4) pay the fee set out under §95.80.(c) Late Renewal.(1) To maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the permit.(2) A late renewal means the permit holder will have an unlicensed period from the expiration date of the expired permit to the issuance date of the renewed permit. During the unlicensed period, a transportation network company must block drivers access to the digital network.(3) Non-receipt of a permit renewal notice from the department does not exempt a permit holder from the requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §95.23 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186725", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.30", "label": "Permit Issuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186726", "queryAsDate": "03/11/2026" }, "ruleBody": "The department will issue a permit under this chapter to an applicant who meets the eligibility requirements for a permit.", "sourceNote": "Source Note: The provisions of this §95.30 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186726", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.31", "label": "Permit Denial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194072", "queryAsDate": "03/11/2026" }, "ruleBody": "The department may deny an application or revoke a permit if the applicant, a partner, principal, officer, or general manager of the applicant has:(1) violated an order of the commission or executive director, including an order for sanctions or administrative penalties; or(2) submitted false or incomplete information on the application.", "sourceNote": "Source Note: The provisions of this §95.31 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194072", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.40", "label": "Responsibilities of the Department" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194073", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise provided by statute or this chapter, the department may send notice of department proposed actions and decisions through email sent to the last email address designated by the permit holder in the department's licensing records.(b) At licensure, the department will provide the permit holder with the requirements for the Accessibility Pilot Program report required by Texas Occupation Code, Chapter 2402.", "sourceNote": "Source Note: The provisions of this §95.40 adopted to be effective December 1, 2017, 42 TexReg 6615; amended to be effective February 15, 2019, 44 TexReg 589." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194073", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.50", "label": "Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186729", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section, \"Market\" means the legal boundaries of a municipality as defined in §1.005 of the Local Government Code or the metropolitan statistical area as defined by the Office of Management and Budget.(b) A permit holder must electronically file with the department reports required by subsections (c)(1) and (d).(c) For purposes of the required Disability Compliance Report, the transportation network company is required to submit the information in subsection (c)(1) and (c)(2) within the 100th day after the transportation network company begins a pilot program.(1) Disability Compliance Report. A report under this paragraph must include:(A) Criteria for determining the four largest markets that the transportation company operates in this state;(i) Identify the market(s) in which the transportation network company implemented the Accessibility Pilot Program; and(ii) Explain the reason(s) for selecting the market(s) that the transportation network company used to implement the Accessibility Pilot Program.(B) The services offered to passengers with disabilities, including such passengers using a fixed-frame wheelchair.(C) A step-by-step explanation demonstrating the process for an individual to join and utilize the accessibility functions of their transportation network service Accessibility Pilot Program.(D) A detailed plan that ensures referrals to alternate providers of fixed-frame wheelchair-accessible service are made in a manner that does not unreasonably delay the provision of service. The detailed plan must at a minimum:(i) explain why the alternate provider of fixed-frame wheelchair-accessible service will not cause unreasonable delay in service;(ii) include the initial number of alternate providers;(iii) provide the average number of vehicles equipped to provide fixed-frame wheelchair-accessible service and available to each alternate provider;(iv) state the hours each alternate provider of fixed frame wheelchair-accessible service is available for service; and(v) describe the procedures to monitor and ensure alternate providers meet and maintain service levels that do not unreasonably delay fixed-frame wheelchair-accessible service.(2) Disability Compliance Report Data Requirements. A report under this paragraph also must include:(A) The number of vehicles equipped to accommodate a passenger with a fixed-frame wheelchair that were available through the company's digital network in the Accessible Pilot Program market.(B) The number of fixed-frame wheelchair requests.(C) The number of rides provided to passengers using fixed-frame wheelchairs.(D) The number of instances in which the company referred a passenger using a fixed-frame wheelchair to an alternate provider because the passenger could not be accommodated by the company.(E) Average wait times for Accessibility Pilot Program market area. The permit holder must track and report the average time elapsed between the time a passenger initially requested a ride and the time the ride began for each:(i) passenger using a fixed-frame wheelchair serviced by the permit holder;(ii) passenger using a fixed-frame wheelchair referred to an alternate provider; and(iii) non-wheelchair accessible requested ride.(3) A report submitted under this subsection that fails to demonstrate compliance will be considered incomplete and subject to correction and resubmission.(4) The report must contain a table of contents with each section of the report marked to identify the content cross referenced to each paragraph and subparagraph of this section.(5) A transportation network company may submit supplemental reports to the department every 90th day.(d) Accessibility Pilot Program Report. The report required by this subsection must be aggregated in ninety (90) day increments. The report must include final values for the entire period of the Accessibility Pilot Program and at a minimum include:(1) The number of vehicles equipped to accommodate a passenger using a fixed-frame wheelchair that were available through the company's digital network in the Accessibility Pilot Program market.(2) The number of fixed-frame wheelchair requests.(3) The number of rides provided to passengers using a fixed-frame wheelchair.(4) The number of instances in which the company referred a passenger using a fixed-frame wheelchair to an alternate provider because the passenger could not be accommodated by the company.(5) Average wait times for Accessibility Pilot Program market area. The permit holder must track and report the average time elapsed between the time a passenger initially requested a ride and the time the ride began for each:(A) passenger using a fixed-frame wheelchair serviced by the permit holder;(B) passenger using a fixed-frame wheelchair referred to an alternate provider; and(C) non-wheelchair accessible requested ride.", "sourceNote": "Source Note: The provisions of this §95.50 adopted to be effective December 1, 2017, 42 TexReg 6615; amended to be effective February 15, 2019, 44 TexReg 589." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186729", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.51", "label": "Notification of Operations at Airports and Cruise Ship Terminals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186730", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit holder must provide the controlling authority of each airport or cruise ship terminal written notice of its operations or its intent to operate within their jurisdiction. Notification must be provided within thirty (30) days after receipt of a permit issued under this chapter.", "sourceNote": "Source Note: The provisions of this §95.51 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186730", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.70", "label": "Maintain Current Email Address" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194074&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194074", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit holder must provide to the department a valid email address and must keep the email address current during the term of the permit.", "sourceNote": "Source Note: The provisions of this §95.70 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194074&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194074", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.71", "label": "Data Integrity, Name Changes, Address Changes, and Address Additions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186732", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit holder is obligated to ensure and maintain the accuracy of all information provided to the department pursuant to this chapter.(b) A permit holder must notify the department in writing of any change to trade name, mailing address, physical address, email address, or telephone number on file with the department within fifteen (15) days of making such change.(1) The notification shall identify the person making the change and the affected permit number.(2) A notice of name change including trade name changes and trade name additions shall include supporting documentation from the Texas Secretary of State.(c) In the event of a trade name change or an address change, the permit holder shall submit on forms approved by the department, a request for this change and pay, if any, the fee required by §95.80.(d) A change requested under this section shall not be effective until approved by the department.", "sourceNote": "Source Note: The provisions of this §95.71 adopted to be effective December 1, 2017, 42 TexReg 6615; amended to be effective February 15, 2019, 44 TexReg 589." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186732", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.72", "label": "Deceptive Practices Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186733", "queryAsDate": "03/11/2026" }, "ruleBody": "A permit holder may not conduct business or advertise under a name that is deceptively similar to a name used by any other licensed transportation network company licensed under this chapter unless specifically approved in writing by the executive director.", "sourceNote": "Source Note: The provisions of this §95.72 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186733", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186734", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees are nonrefundable except as provided for by commission rules or statute.(b) Transportation Network Company Permit Fees:(1) Original Application--$10,500(2) Renewal--$7,500(3) Permit Amendment--$25(4) Address change--$25(5) Name change--$25(c) Late renewal fees for licenses and permits issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).", "sourceNote": "Source Note: The provisions of this §95.80 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186734", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.90", "label": "Authority to Investigate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186735", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of investigating compliance with, or a violation of, these rules or applicable law, a permit holder must make records, drivers and vehicles logged into the transportation network service available to the department within ten (10) days of the request or within the time agreed to by the department.", "sourceNote": "Source Note: The provisions of this §95.90 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186735", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.91", "label": "Administrative Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194075", "queryAsDate": "03/11/2026" }, "ruleBody": "The department may suspend or revoke a permit issued to a transportation network company for violating a provision of Occupations Code, Chapter 2402, or impose administrative penalties, sanctions and civil remedies authorized by Occupations Code, Chapter 51 for violating a rule under this chapter, or order issued by the executive director, or regulation adopted by an airport or cruise ship terminal.", "sourceNote": "Source Note: The provisions of this §95.91 adopted to be effective December 1, 2017, 42 TexReg 6615." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194075", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "95", "label": "TRANSPORTATION NETWORK COMPANIES" }, "rule": { "number": "§95.100", "label": "Statutory Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222458", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit holder must implement and follow all technical and operational requirements in Texas Occupations Code, Chapter 2402 including the timely filing of reports.(b) For purposes of compliance with 2402.111(a)(2)(A), a transportation network company shall consider a vehicle capable of transporting passengers using a fixed-frame wheelchair in the cabin as eligible.", "sourceNote": "Source Note: The provisions of this §95.100 adopted to be effective December 1, 2017, 42 TexReg 6615; amended to be effective February 15, 2019, 44 TexReg 589." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222458", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§96.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222459", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under Texas Occupations Code, Chapters 51, 1305, and 2311.", "sourceNote": "Source Note: The provisions of this §96.1 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222459", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§96.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222460", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Charging unit - has the same definition as electric vehicle supply equipment.(2) Code - Texas Occupations Code, Chapter 2311, Electric Vehicle Supply Equipment, as added by Senate Bill 1001, 88th Legislature, Regular Session (2023), and Electric Vehicle Charging Stations, as added by Senate Bill 1732, 88th Legislature, Regular Session (2023).(3) Commission - The Texas Commission of Licensing and Regulation.(4) Department - The Texas Department of Licensing and Regulation.(5) Digital network - an online-enabled application, website, or system offered or used by an electric vehicle supply provider that allows a user to initiate a commercial transaction to dispense electrical energy from electric vehicle supply equipment to an electric vehicle.(6) Electric vehicle supply equipment (EVSE) - a device or equipment used to dispense electrical energy to an electric vehicle.(7) Electric vehicle supply provider (provider) - an owner or operator of electric vehicle supply equipment that is available and accessible to the public to provide electrical energy through a commercial transaction.(8) Legacy charger - an electric vehicle supply device defined in §2311.0207 of the Code.(9) NIST - The National Institute of Standards and Technology, a non-regulatory federal agency under the United States Department of Commerce which certifies and provides standard reference materials used to perform instrument calibrations, verifies the accuracy of specific measurements, and supports the development of new measurement methods.(10) Texas Electrical Safety and Licensing Act - Texas Occupations Code, Chapter 1305.", "sourceNote": "Source Note: The provisions of this §96.10 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222460", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§96.14", "label": "Effective Dates for Electric Vehicle Supply Equipment Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222461", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsection (b), a charging unit installed in this state must be operated on the electric vehicle supply provider's digital network in compliance with manufacturer specifications, the Code, and this chapter:(1) not later than January 1, 2030, if the charging unit is installed before March 1, 2025, or is a legacy charger; or(2) when the charging unit begins operating on the provider's digital network if the charging unit is installed on or after March 1, 2025.(b) Unless exempted by the Code or this chapter, any public charging unit installed after December 1, 2024, for commercial use, and funded by a public grant or state rebate program must be equipped with a charging connector or plug type that is widely compatible with as many types of electric vehicles as practicable. Providers are not required to comply with this subsection until January 1, 2030.", "sourceNote": "Source Note: The provisions of this §96.14 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222461", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "B", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT REGISTRATION" }, "rule": { "number": "§96.20", "label": "Electric Vehicle Supply Equipment - Registration Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222462", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless exempted by Code or this chapter, an electric vehicle supply provider must register all electric vehicle supply equipment charging units in operation in this state with the department by March 1, 2025, before making it available for use on a digital network for a commercial transaction.", "sourceNote": "Source Note: The provisions of this §96.20 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222462", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "B", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT REGISTRATION" }, "rule": { "number": "§96.21", "label": "Electric Vehicle Supply Equipment Registration Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222463", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To register a charging unit of electric vehicle supply equipment at a new location, an electric vehicle supply equipment provider must submit:(1) an application completed in a manner prescribed by the department;(2) for charging units installed on or after March 1, 2025, a statement, affirmed by the provider that the charging unit was installed and operates in accordance with Occupations Code, Chapter 1305, and manufacturer specifications, and that the charging unit was in proper working order at the time of installation; and(3) the fee required under §96.80.(b) A certificate of registration is valid for one year from the date of issuance and must be renewed prior to its expiration.(c) If a change in controlling provider takes place, the new provider must submit a new application for registration within 30 days of the change.(d) A provider must report a change to its name, contact information, federal identification number, or social security number to the department within 30 days of the change. A change in the provider's federal identification number or social security number constitutes a change of business identity and requires a new registration application under this section.", "sourceNote": "Source Note: The provisions of this §96.21 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222463", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "B", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT REGISTRATION" }, "rule": { "number": "§96.22", "label": "Electric Vehicle Supply Equipment Registration Renewal Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222464", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew registration of a charging unit of electric vehicle supply equipment, an electric vehicle supply provider must submit:(1) a completed renewal application in a manner prescribed by the department; and(2) the fee required under §96.80.(b) A provider is responsible for renewing electric vehicle supply equipment registration before the expiration date. Lack of receipt of a renewal notice from the department shall not excuse failure to file for renewal or late renewal.(c) If a provider adds additional charging units to a location after its previous registration but less than 90 days prior to that renewal, the provider will not be charged an additional fee for the newly installed charging units.(d) A provider must include an accurate count of all active charging units with its submission of the renewal application and required fee to the department.", "sourceNote": "Source Note: The provisions of this §96.22 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222464", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "B", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT REGISTRATION" }, "rule": { "number": "§96.23", "label": "Electric Vehicle Supply Equipment Registration Changes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222465&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222465", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the number of registered charging units increases at an existing location, prior to operation of the added devices, the electric vehicle supply provider must submit:(1) notice in a manner required by the department;(2) for charging units installed on or after March 1, 2025, a statement, affirmed by the provider that the charging unit was installed and operates in accordance with Occupations Code, Chapter 1305, and manufacturer specifications, and that the charging unit was in proper working order at the time of installation; and(3) the fee required under §96.80.(b) If a provider removes or decommissions a charging unit or units at a location, the provider must provide notice in a manner prescribed by the department.", "sourceNote": "Source Note: The provisions of this §96.23 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222465&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222465", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "B", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT REGISTRATION" }, "rule": { "number": "§96.24", "label": "Certificate of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222466", "queryAsDate": "03/11/2026" }, "ruleBody": "An electric vehicle supply provider must make available a copy of the current certificate of registration to a member of the public upon request. The provider may refer the requestor to an electronic link to its digital network for a copy of the certificate of registration, or provide a copy of the certificate to the requestor's email address or physical address, if the requestor has no electronic mail.", "sourceNote": "Source Note: The provisions of this §96.24 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222466", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "B", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT REGISTRATION" }, "rule": { "number": "§96.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222467", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department may exempt an electric vehicle supply equipment provider from a requirement established by this chapter or the Code if it determines that imposing or enforcing the requirement:(1) is not cost-effective for the department;(2) is not feasible with current resources or standards; or(3) will not substantially benefit or protect consumers.(b) This chapter does not apply to electric vehicle supply equipment that is:(1) installed in or adjacent to a private residence for noncommercial use;(2) provided for the exclusive use of an individual, or a group of individuals, including employees, tenants, visitors, or residents of a multiunit housing or office development; or(3) provided by a business for use at no charge.", "sourceNote": "Source Note: The provisions of this §96.30 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222467", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "C", "label": "INSPECTIONS AND INVESTIGATIONS" }, "rule": { "number": "§96.60", "label": "EVSE Inspections and Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222468", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department, or its authorized representative, shall be permitted to inspect and test all non-exempt EVSE operating at any location in Texas in accordance with the Code, Texas Occupations Code, Chapter 51, the inspection, and investigation rules under 16 Texas Administrative Code, Chapter 60, Subchapter H, this chapter, and all applicable state and federal laws and regulations.(b) The department will not begin conducting on-site inspections until March 1, 2026, except for investigations conducted in response to complaints filed with the department.", "sourceNote": "Source Note: The provisions of this §96.60 adopted to be effective December 1, 2024, 49 TexReg 9537." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222468", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF THE PROVIDER" }, "rule": { "number": "§96.70", "label": "Notification of Department Jurisdiction and Complaint Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222469", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The electric vehicle supply provider must show a notice on the charging unit display or its digital network that the Texas Department of Licensing and Regulation regulates electric vehicle supply equipment.(b) Consumers and providers must be notified by the provider of the name, e-mail address, website address, mailing address, and telephone number of the department for the purpose of directing complaints to the department regarding the Electric Vehicle Charging Program. The notification must appear on the charging unit's visual display or the provider's digital network.(c) The notice described in subsection (b) must contain the following language: Unresolved complaints may be forwarded to the Texas Department of Licensing and Regulation, Electric Vehicle Charging Program, P.O. Box 12157, Austin, Texas 78711, or by telephone (512) 463-6599 or (800) 803-9202, TDD (800) 735-2989, or https://www.tdlr.texas.gov/complaints.", "sourceNote": "Source Note: The provisions of this §96.70 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222469", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF THE PROVIDER" }, "rule": { "number": "§96.71", "label": "Consumer Information Sticker" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222470", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An electric vehicle supply provider must obtain a department issued consumer information sticker containing the department's contact information shown in §96.70(c) and place the sticker on the front of each charging unit operating at the provider's registered location.(b) A consumer information sticker must not be placed in a manner that affects the accuracy, readability, or lawful operation of a device.(c) If any part of the information on the sticker affixed to the charging unit is no longer fully legible and in plain sight of the consumer, the provider must replace the sticker within 60 days after the date the provider discovered the condition.", "sourceNote": "Source Note: The provisions of this §96.71 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222470", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF THE PROVIDER" }, "rule": { "number": "§96.72", "label": "Damaged Electric Vehicle Supply Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222471", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any damaged charging unit that poses a safety risk to the public must be removed from service by the electric vehicle supply provider in a manner:(1) that prevents the use of the damaged charging unit by the public; and(2) removes the damaged charging unit from the provider's digital network listing of available charging units.(b) A provider is not required to physically relocate electric vehicle supply equipment from its current location while under repair.", "sourceNote": "Source Note: The provisions of this §96.72 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222471", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF THE PROVIDER" }, "rule": { "number": "§96.74", "label": "Recordkeeping Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222472", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each electric vehicle supply provider that owns or operates electrical vehicle supply equipment available and accessible to the public for electric vehicle commercial charging transactions must maintain and preserve all documents related to the installation, maintenance, inspection, and calibration of electric vehicle supply equipment for a period of three (3) years.(b) All records applicable to this section must be provided to or made available for inspection or investigation to the department upon request in accordance with §96.60.", "sourceNote": "Source Note: The provisions of this §96.74 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222472", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§96.80", "label": "EVSE Registration Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222473", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial Registration for Newly Registered Charging Units and Additional Units - $30 per electric vehicle charging port.(b) Renewal of Registration - $25 per electric vehicle charging port.(c) Consumer Information Sticker - $1 per sticker.(d) A duplicate/replacement fee for any registration issued under this chapter is $25.(e) All fees paid to the department are non-refundable.(f) Late renewal fees for registration issued under this chapter are provided under 16 TAC §60.83 (relating to Late Renewal Fees).(g) A dishonored/returned check or payment fee is the fee prescribed under 16 TAC §60.82 (relating to Dishonored Payment Device).", "sourceNote": "Source Note: The provisions of this §96.80 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222473", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§96.83", "label": "Fee Policy and Disclosures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222474", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Disclosure Requirements. An electric vehicle supply provider must disclose the following on the EVSE display or on the provider's digital network:(1) the fee calculation method or methods; and(2) all applicable surcharges.(b) Prior to charging, the provider must disclose the following to the user:(1) the rate the user will be charged at the time of the transaction based on the available fee calculation method or methods; and(2) a list of applicable surcharges.(c) A provider must show a notice to consumers on the EVSE display or on the provider's digital network that:(1) states that the department regulates electric vehicle supply equipment; and(2) provides information on filing a complaint with the department about the electric vehicle supply equipment as described in §96.70.(d) Receipts. Upon completion of the commercial transaction for electric vehicle charging, the provider must transmit a summary of the transaction to the user that includes the requirements of §2311.0304 and §2311.0305 of the Code, and the requirements contained in the most recent version of NIST Handbook 44, Section 3.40, and NIST Handbook 130, Section 2.34.(e) This section takes effect on March 1, 2026, for charging units installed on or after March 1, 2025.", "sourceNote": "Source Note: The provisions of this §96.83 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222474", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "F", "label": "ENFORCEMENT PROVISIONS" }, "rule": { "number": "§96.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222475", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of the Code, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Code, and any associated rules.", "sourceNote": "Source Note: The provisions of this §96.90 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222475", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "F", "label": "ENFORCEMENT PROVISIONS" }, "rule": { "number": "§96.91", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222476", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under the Code, and Texas Occupations Code, Chapter 51 and any associated rules may be used to enforce the Code and this chapter.", "sourceNote": "Source Note: The provisions of this §96.91 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222476", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "96", "label": "ELECTRIC VEHICLE SUPPLY EQUIPMENT" }, "subchapter": { "number": "G", "label": "GENERAL TECHNICAL REQUIREMENTS" }, "rule": { "number": "§96.100", "label": "Adoption by Reference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206575", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with the Code, the department adopts the requirements of the most recent version of the following publications and rules for the purpose of administering and enforcing this chapter:(1) NIST Handbook 44, Section 3.40, \"Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.\"(2) NIST Handbook 130, Section 2.34, \"Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality.\"(3) Chapter 6, Special Equipment, Article 625: Electric Vehicle Power Transfer System, National Electric Code.(4) 16 Texas Administration Code, Chapter 68, Subchapter I; Texas Government Code, Chapter 469; Texas Accessibility Standards (eff 3.15.12).", "sourceNote": "Source Note: The provisions of this §96.100 adopted to be effective December 1, 2024, 49 TexReg 9529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206575", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§97.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214934", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of the Texas Occupations Code, Chapters 51 and 2310, and Texas Business and Commerce Code, Chapter 607.", "sourceNote": "Source Note: The provisions of this §97.1 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective November 1, 2021, 46 TexReg 7403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214934", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§97.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214935", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter must have the following meanings, unless the context clearly indicates otherwise.(1) ASTM--ASTM International; the national voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems and services and the promotion of related knowledge.(2) Code--The Texas Occupations Code, Chapter 2310, \"Motor Fuel Metering and Quality.\"(3) Commission--Texas Commission of Licensing and Regulation.(4) Controlling person--an individual who:(A) is a sole proprietor;(B) is a general partner of a partnership;(C) is a controlling person of a business entity that is a general partner of a partnership;(D) possesses direct or indirect control of at least 25 percent of the voting securities of a corporation;(E) is the president, the secretary, or a director of a corporation; or(F) possesses the authority to set policy or direct the management of a business entity.(5) Department--Texas Department of Licensing and Regulation.(6) Device--A commercial weighing or measuring device used for motor fuel sales, also defined as a motor fuel metering device by §2310.001(7) of the Code.(7) Device performance review (DPR)--The comprehensive inspection and testing of a motor fuel metering device to ensure it is calibrated and operating according to NIST and Manufacturer specifications.(8) Gasoline--A liquid or combination of liquids blended together, offered for sale, sold, used, or capable of use as fuel for a gasoline-powered engine. The term includes gasohol, aviation gasoline, and blending agents, but does not include compressed natural gas, liquefied natural gas, racing gasoline, diesel fuel, aviation jet fuel, or liquefied gas, as defined in §162.001(29) of the Texas Tax Code.(9) GPM--Gallons per minute.(10) ISO--International Organization for Standardization; an independent, non-governmental organization that develops voluntary international standards to facilitate world trade by providing common standards among nations.(11) Merchant--A person whose business includes the sale of motor fuel through motor fuel metering devices, as defined by §607.001(4) of the Texas Business and Commerce Code.(12) Motor fuel--Gasoline, diesel fuel, gasoline blended fuel, compressed natural gas, liquefied natural gas, and other products that are offered for sale, sold, used, or capable of use as fuel for a gasoline-powered engine or a diesel-powered engine, as defined in §162.001(42) of the Texas Tax Code.(13) NIST--The National Institute of Standards and Technology; a non-regulatory federal agency under the United States Department of Commerce, which certifies and provides standard reference materials used to perform instrument calibrations, verifies the accuracy of specific measurements and supports the development of new measurement methods.(14) Operator--A person in possession or control of a weighing or measuring device, as defined in 2310.001(8) of the Code.(15) Skimmer--A wire or electronic device that is capable of unlawfully intercepting electronic communications or data to perpetrate fraud, as defined by §607.001(8) of the Texas Business and Commerce Code.(16) Tamper-evident security label\"\"A label or tape that, once applied to a surface, cannot be removed without self-destructing, or otherwise leaving a clear indication that the label or tape has been removed.(17) Test standard--A certified weight or measure used to test a device for accuracy.", "sourceNote": "Source Note: The provisions of this §97.2 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective November 1, 2021, 46 TexReg 7403; amended to be effective March 1, 2022, 47 TexReg 911; amended to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214935", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§97.3", "label": "Adoption by Reference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207970", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Chapter 2310 of the Code, the department adopts the currently published edition of each of the following nationally recognized minimum standards for the purpose of administering and enforcing this chapter:(1) Legal standards for weights and measures. NIST Handbook 44, \"Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.\"(2) Motor fuel quality testing standards.(A) NIST Handbook 130, \"Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality,\" relating to \"Uniform Fuels and Automotive Lubricants Regulations,\" as standard specifications for ethanol blends with the following modifications:(i) vapor pressure tolerance not exceeding one pound per square inch for motor fuels blended with up to 15 volume percent ethanol, excluding the time period from May 1 through October 1 for counties required to have low emissions fuels;(ii) vapor pressure seasonal specifications may be extended for a maximum period of 15 days to allow for the disbursement of old stocks. However, new stocks of a higher volatility classification must not be offered for retail sale prior to the effective date of the higher volatility classification; and(iii) the vapor/liquid ratio specification must be waived for motor fuels blended with ethanol.(B) ASTM D4814, \"Standard Specification for Automotive Spark-Ignition Engine Fuel,\" as the standard specifications for gasoline with the following modification, vapor pressure and vapor/liquid ratio seasonal specifications may be extended for a maximum period of 15 days to allow for the disbursement of old stocks. However, new stocks of a higher volatility classification must not be offered for retail sale prior to the effective date of the higher volatility classification.(C) ASTM D975, \"Standard Specification for Diesel Fuel,\" as the standard specifications for diesel motor fuels and renewable diesel fuels;(D) ASTM D5798, \"Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines,\" as the standard specifications for 51 volume percent to 83 volume percent ethanol fuel;(E) ASTM D6751, \"Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels;\"(F) ASTM D7467, \"Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20);\" and(G) ASTM D7794, \"Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible Fuel Vehicles with Automotive Spark-Ignition Engines,\" as the standard specification for gasoline ethanol blends containing 16 to 50 volume percent ethanol.(3) Automotive Fuel Rating. The testing methods, standards and specifications used to determine the automotive fuel rating shall be those prescribed by the most current editions of:(A) ASTM D2699, \"Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel;\"(B) ASTM D2700, \"Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel;\"(C) ASTM D2885 \"Standard Test Method for Determination of Octane Number of Spark-Ignition Engine Fuels by On-Line Direct Comparison Technique;\" and(D) ASTM D5599, \"Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection.\"", "sourceNote": "Source Note: The provisions of this §97.3 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207970", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§97.4", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200891", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter does not apply to:(1) an individual who is licensed to perform device maintenance activities on liquid petroleum gas devices under Chapter 13, Texas Agriculture Code;(2) a person who is licensed to employ service technicians to perform device maintenance activities on liquid petroleum gas meters under Chapter 13, Texas Agriculture Code; or(3) a liquid petroleum gas meter registered under Chapter 13, Texas Agriculture Code.", "sourceNote": "Source Note: The provisions of this §97.4 adopted to be effective March 1, 2022, 47 TexReg 911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200891", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.20", "label": "Registration Required--Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200892", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to operation, a device must be registered. To register a device, an owner or operator must submit:(1) a completed application in a manner prescribed by the department;(2) documentation of a device performance review in a manner acceptable to the department; and(3) the fee required under §97.70.(b) Device registrations cannot be transferred. A new owner or operator must submit a completed registration application under this section.(c) A change in the owner or operator's federal employer identification number or social security number (for sole proprietors) constitutes a change of business identity and requires a new registration application to be submitted under this section.(d) A change in the name or contact information for an owner or operator must be submitted to the department within 30 calendar days.(e) Device registrations are valid for two years from issuance of the certificate of registration and must be renewed every two years.(f) A supplier is exempt from this section.", "sourceNote": "Source Note: The provisions of this §97.20 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200892", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.21", "label": "Registration Renewal--Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200893", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a device registration, an owner or operator must submit:(1) a completed renewal application in a manner prescribed by the department;(2) documentation of a device performance review in a manner prescribed by the department; and(3) the fee required under §97.70.(b) An owner or operator is responsible for renewing a device registration before the expiration date. Lack of receipt of a renewal notice from the department shall not excuse failure to file for renewal or late renewal.", "sourceNote": "Source Note: The provisions of this §97.21 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200893", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.22", "label": "Registration Changes--Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214936", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the number of registered devices increases, prior to operation of the new devices the owner or operator must submit:(1) a change notice in a manner prescribed by the department;(2) documentation of a device performance review for all new devices in a manner acceptable to the department; and(3) the fee required under §97.70.(b) If the number of registered devices decreases, the owner or operator must submit notice in a manner approved by the department or omit the devices when submitting a renewal application.", "sourceNote": "Source Note: The provisions of this §97.22 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214936", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.23", "label": "Device Performance Review Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200895", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At least once every two years a DPR must be completed on each registered device.(b) To be valid, a licensed service company must complete a DPR of a device on a single day. A DPR must include:(1) performance testing;(2) calibration, if necessary; and(3) inspection of the device to:(A) ensure operation within NIST Handbook 44 specifications, tolerances, and other technical requirements along with specified manufacturer guidelines; and(B) detect the presence of skimmers.(c) A DPR report must be submitted by a service company within 10 business days of the DPR in a manner prescribed by the department. If a skimmer is detected during a DPR, the discovery must be reported in accordance with §97.29 and §97.59.(d) A supplier is exempt from this section.", "sourceNote": "Source Note: The provisions of this §97.23 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective March 1, 2022, 47 TexReg 911; amended to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200895", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.24", "label": "Certificate of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214937", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A current certificate of registration must be visibly displayed in an area that is accessible to the public.(b) If an original or copy certificate is not legible or available to a consumer, it must be replaced within 30 days of the date the owner or operator discovers the condition.", "sourceNote": "Source Note: The provisions of this §97.24 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214937", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.25", "label": "Consumer Information Sticker" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200897", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A consumer information sticker with the department's contact information and current motor fuel tax rates, must be placed on each face of all motor fuel dispensers.(b) If any part of the information on the sticker is no longer fully legible and in plain sight of the consumer, it must be replaced within 30 days of the date the owner or operator discovers the condition.(c) A consumer information sticker must not be placed in a manner that affects the accuracy, readability, or lawful operation of a device.(d) This section does not apply to a device on a transport vehicle.", "sourceNote": "Source Note: The provisions of this §97.25 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200897", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.26", "label": "Device Out of Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200898", "queryAsDate": "03/11/2026" }, "ruleBody": "An incorrect device shall be placed out of order by the department and may not be used until repairs are made by a licensed service company. Once the device has been brought into compliance with this chapter, the licensed service company may remove the \"Out of Order\" tag and release it for use.", "sourceNote": "Source Note: The provisions of this §97.26 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200898", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.27", "label": "Condemned Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200899", "queryAsDate": "03/11/2026" }, "ruleBody": "Devices that are declared to be incorrect and are condemned by the department pursuant to §2310.105 of the Code, must be maintained by the owner, operator, or user until the department has granted authorization to dispose, replace, or destroy the device.", "sourceNote": "Source Note: The provisions of this §97.27 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200899", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.28", "label": "Device Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A device performance review report shall be maintained for a period of two years.(b) All records required to be maintained shall be made available upon request by the department.", "sourceNote": "Source Note: The provisions of this §97.28 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214938", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.29", "label": "Detection and Reporting of Payment Card Skimmers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214939", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An owner or operator who discovers or is notified of the presence of a skimmer by a service technician or employee must:(1) immediately make a report to local law enforcement that a skimmer has been discovered and is still installed in the device;(2) notify the department within 24 hours of the discovery on a form prescribed by the department;(3) request the law enforcement report or case number and submit it in a manner prescribed by the department; and(4) place each affected device out of service and block access to the dispenser to prevent tampering with evidence until the skimmer has been removed as authorized under this chapter.(b) The owner or operator must cooperate with law enforcement, the department, and the Center in the investigation of a suspected or discovered skimmer.(c) The owner or operator must provide a copy of available photographic and/or video surveillance of the retail facility to law enforcement.", "sourceNote": "Source Note: The provisions of this §97.29 adopted to be effective November 1, 2021, 46 TexReg 7403; amended to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214939", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.30", "label": "Unauthorized Removal of Skimmers Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214940", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to preserve evidence and the chain of custody, an owner or operator, retail facility employee, or unlicensed service technician is prohibited from removing a skimmer unless instructed to do so by law enforcement or the department.(b) If neither law enforcement nor the department has arrived to remove a skimmer within 48 hours after the owner or operator has notified the department as required by §97.29(a)(2), the skimmer may be removed in accordance with subsection (c).(c) When removing a skimmer under this section, an individual must:(1) wear sterile gloves while removing the skimmer(s);(2) place each skimmer in a clear plastic bag, seal the bag, and label the sealed bag with the date and time the skimmer was removed and bagged, along with the initials of the person removing the skimmer; and(3) transfer the skimmer(s) to local law enforcement and request the law enforcement case or report number.(d) The owner or operator must provide the law enforcement case or report number to the department in a manner prescribed by the department following transfer of the skimmer to law enforcement.", "sourceNote": "Source Note: The provisions of this §97.30 adopted to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214940", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "B", "label": "MOTOR FUEL METERING DEVICES" }, "rule": { "number": "§97.31", "label": "Device Security for Motor Fuel Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200901", "queryAsDate": "03/11/2026" }, "ruleBody": "By January 1, 2024, an owner or operator is required to take two or more of these measures to protect each device:(1) replace each factory installed universal locking mechanism with a locking device that utilizes a unique device-specific or site-specific key code or combination;(2) utilize tamper-evident security labels. Tamper-evident security labels must:(A) be placed over each panel opening that provides access to an interior portion of the device from which the payment terminal or the device can be accessed;(B) have a unique serial number or unique custom label or easily identifiable custom label or graphic; and(C) be replaced if damaged, perforated, or peeled;(3) install a physical barrier, lock, or other physical securing device that restricts access to the electronic financial transaction compartment of the device;(4) install and maintain monitoring devices or sensors on all doors or panels providing access to an interior portion of the device and associated payment terminal components which emit an audible alarm and/or disable the device when unauthorized access is attempted;(5) retrofit, upgrade, or replace each device with an enabled EMV-compliant payment terminal that meets the security, interoperability, and functionality specifications issued by EMVCo, LLC; or(6) install and maintain a high-resolution video camera system and forecourt lighting. To meet the requirements of this section:(A) the video camera system must record the forecourt area at all times, and the system must retain all videos for 30 days or more. Cameras must be positioned to record:(i) each device;(ii) the license plates of vehicles approaching or departing the immediate area around each device; and(iii) any person interacting with each device at a pixel density of at least 50 pixels per foot; and(B) lighting must be bright enough to ensure a minimum illumination of 10 lumens per square foot at grade.", "sourceNote": "Source Note: The provisions of this §97.31 adopted to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200901", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "C", "label": "SALE, DELIVERY, AND QUALITY OF MOTOR FUEL" }, "rule": { "number": "§97.40", "label": "Distributor, Jobber, Supplier, Wholesaler--Certificate of Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200902", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a certificate of compliance, a distributor, jobber, supplier, or wholesaler must:(1) submit complete business, facility, and contact information in a manner prescribed by the department; and(2) pay the fee required under §97.71.(b) A change in the name or contact information of the owner or operator must be submitted to the department within 30 calendar days.(c) A certificate of compliance is valid for two years from the date of issuance by the department.", "sourceNote": "Source Note: The provisions of this §97.40 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200902", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "C", "label": "SALE, DELIVERY, AND QUALITY OF MOTOR FUEL" }, "rule": { "number": "§97.41", "label": "Automotive Fuel Rating" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200903", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dealer must:(1) post the automotive fuel rating (AFR) for each grade of motor fuel offered for sale as provided in 16 CFR Part 306.10; and(2) not sell or offer to sell fuel that is less than the AFR posted on the dispenser.(b) Motor fuel that has an AFR lower than the certification of the rating required under federal law may not be delivered or transferred.", "sourceNote": "Source Note: The provisions of this §97.41 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200903", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "C", "label": "SALE, DELIVERY, AND QUALITY OF MOTOR FUEL" }, "rule": { "number": "§97.42", "label": "Stop-Sale Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director of the department may issue an order to stop sale of:(1) motor fuel sold or offered for sale in violation of this chapter; or(2) motor fuel sold or offered for sale by or through a device that is in violation of this chapter.(b) Motor fuel subject to a stop-sale order may not be sold until the order has been discharged by a court pursuant to §2310.060 of the Code, or the executive director receives notice acceptable to the department that the motor fuel or device is in compliance with this chapter.", "sourceNote": "Source Note: The provisions of this §97.42 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200900", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "C", "label": "SALE, DELIVERY, AND QUALITY OF MOTOR FUEL" }, "rule": { "number": "§97.43", "label": "Fuel Delivery Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200904", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dealers, distributors, jobbers, suppliers, and wholesalers must keep the following records for four years:(1) all invoices, receipts, or other transmittal records of the purchase, sale, delivery, or distribution of motor fuel; and(2) any record or other document related to the sampling and testing of motor fuel purchased, sold, delivered, or distributed.(b) All delivery tickets and letters of certification related to automotive fuel rating must be maintained by dealers, distributors, jobbers, suppliers, and wholesalers for one year.(c) All records required to be maintained shall be made available upon request by the department or an authorized representative of the department.", "sourceNote": "Source Note: The provisions of this §97.43 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200904", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.50", "label": "Criminal History Check Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207972", "queryAsDate": "03/11/2026" }, "ruleBody": "A criminal history check shall be conducted on an applicant for:(1) a service company license, including all controlling persons of the applicant; and(2) a service technician license.", "sourceNote": "Source Note: The provisions of this §97.50 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207972", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.51", "label": "Device Maintenance Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200906", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A service company or service technician may perform device maintenance activities on one or more of the following device categories:(1) Low flow-- devices with a maximum flow rate of 20 GPM or less; or(2) High flow-- devices with a maximum flow rate of greater than 20 GPM.(b) Device maintenance activities include:(1) placing a device in service;(2) installing, calibrating, inspecting, testing, or repairing a device;(3) removing an out-of-order tag, lock, condemnation notice, or other form of use prohibition placed on a device by the department.(c) An applicant may be licensed in more than one device category.", "sourceNote": "Source Note: The provisions of this §97.51 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective March 1, 2022, 47 TexReg 911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200906", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.52", "label": "Service Company License Requirements--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200907", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To obtain a service company license, an applicant must submit:(1) a completed application in a manner prescribed by the department;(2) proof of insurance acceptable to the department, as required under §97.53;(3) proof of calibration of test standards in a manner prescribed by the department, as required in §97.58; and(4) the fee required under §97.72.(b) A sole proprietor may not perform or offer to perform device maintenance activities unless the sole proprietor:(1) is exempt from holding a license under this section pursuant to §2310.154 of the Code; or(2) holds:(A) a service technician license issued by the department, or a service technician license issued under Subchapter I, Chapter 13, Texas Agriculture Code; and(B) a service company license issued by the department, or a service company license issued under Subchapter I, Chapter 13, Texas Agriculture Code.(c) A person licensed under this section or Subchapter I, Chapter 13, Texas Agriculture Code must comply with this chapter.(d) A change in the name or contact information for the business or a controlling person of the business must be submitted to the department within 30 calendar days.(e) A license issued under this section is valid for two years from the date of issuance and must be renewed every two years.", "sourceNote": "Source Note: The provisions of this §97.52 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200907", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.53", "label": "Service Company License Requirements--Insurance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200908", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A service company must maintain at least the following minimum general liability insurance coverages at all times:(1) $25,000 per occurrence; or(2) $50,000 aggregate.(b) Insurance must be obtained from an admitted company or an eligible surplus lines carrier, as defined in the Texas Insurance Code, Chapter 981, or other insurance companies that are rated by A.M. Best Company as B+ or higher.(c) A change in insurance carrier or minimum general liability insurance coverages must be submitted to the department within 30 calendar days.", "sourceNote": "Source Note: The provisions of this §97.53 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200908", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.54", "label": "Service Company License Requirements--Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200909", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a service company license, an applicant must submit:(1) a completed renewal application in a manner prescribed by the department;(2) proof of insurance in a manner acceptable to the department, as required under §97.53;(3) proof of calibration of test standards in a manner acceptable to the department, as required in §97.58; and(4) the fee required under §97.72.(b) A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any device maintenance activities under this chapter.(c) A licensee is responsible for renewing their license before the expiration date. Lack of receipt of a license renewal notice from the department shall not excuse failure to file for renewal or late renewal.", "sourceNote": "Source Note: The provisions of this §97.54 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200909", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.55", "label": "Service Technician License Requirements--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To obtain a service technician license, an applicant must:(1) submit a completed application in a manner prescribed by the department;(2) pass a written examination for each device category with a score of at least 70%, in accordance with §97.57; and(3) pay the fee required under §97.72.(b) An individual may not perform or offer to perform device maintenance activities unless the individual:(1) is exempt from holding a license under this section pursuant to §2310.154 of the Code; or(2) holds a service technician license issued by the department, or a service technician license issued under Subchapter I, Chapter 13, Texas Agriculture Code, and:(A) is employed by a service company; or(B) holds a service company license issued by the department, or a service company license issued under Subchapter I, Chapter 13, Texas Agriculture Code.(c) An individual licensed under this section or Subchapter I, Chapter 13, Texas Agriculture Code must comply with this chapter.(d) A change in name or contact information must be submitted to the department within 30 calendar days.(e) A license issued under this section is valid for two years from the date of issuance and must be renewed every two years.", "sourceNote": "Source Note: The provisions of this §97.55 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214941", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.56", "label": "Service Technician License Requirements--Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200911", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a service technician license, an applicant must submit:(1) a completed renewal application in a manner prescribed by the department; and(2) the fee required under §97.72.(b) A late renewal means the license holder will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any device maintenance activities under this chapter.(c) A license holder is responsible for renewing their license before the expiration date. Lack of receipt of a license renewal notice from the department must not excuse failure to file for renewal or late renewal.", "sourceNote": "Source Note: The provisions of this §97.56 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200911", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.57", "label": "Service Technician License Requirements--Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207973", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall review a completed application to determine an applicant's eligibility to take a service technician examination.(b) A person taking an examination must comply with the department's examination requirements under Chapter 60, Subchapter E, of this title (relating to Examinations).(c) Unauthorized assistance on an examination is grounds for denial, suspension, or revocation of a license and/or an administrative penalty.", "sourceNote": "Source Note: The provisions of this §97.57 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207973", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.58", "label": "Test Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Test standards must be certified annually by a recognized or accredited laboratory that adheres to ISO 17025 standards. A service company must maintain at least one test standard per licensed device category as follows:(1) Low flow: five-gallon or greater test measure or prover;(2) High flow: prover with a capacity that exceeds the amount of liquid delivered by the device in one minute at the maximum flow rate.(b) A test standard that becomes damaged must be taken out of operation immediately and recalibrated prior to use. A test standard that is beyond repair must be taken out of service permanently.(c) A service company must maintain the minimum test standards per licensed device category at all times.", "sourceNote": "Source Note: The provisions of this §97.58 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective March 1, 2022, 47 TexReg 911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.59", "label": "Inspection for Payment Card Skimmers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200914", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A service technician must inspect for the presence of a skimmer:(1) during a device performance review; and(2) each time a motor fuel dispenser is opened to perform device maintenance activities.(b) A service technician or the service company that employs the technician must report the finding of a skimmer:(1) immediately to the owner or operator; and(2) within 24 hours to the department on a form prescribed by the department.(c) In order to preserve evidence and the chain of custody, a service technician must not remove a skimmer unless instructed by law enforcement or the department.(d) If neither law enforcement nor the department has arrived to remove a skimmer within 48 hours after the owner or operator has notified the department as required by §97.29, the skimmer may be removed in accordance with subsection (e).(e) When removing a skimmer under this section, an individual must:(1) wear sterile gloves while removing the skimmer(s);(2) place each skimmer in a clear plastic bag, seal the bag, and label the sealed bag with the date and time the skimmer was removed and bagged, along with the initials of the person removing the skimmer; and(3) transfer the skimmer(s) to local law enforcement and request the law enforcement case or report number.(f) The service technician must provide the law enforcement case or report number to the department in a manner prescribed by the department following transfer of the skimmer to law enforcement.", "sourceNote": "Source Note: The provisions of this §97.59 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective November 1, 2021, 46 TexReg 7403; amended to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200914", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "D", "label": "SERVICE COMPANIES AND SERVICE TECHNICIANS" }, "rule": { "number": "§97.60", "label": "Service Company Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214943", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A service company must maintain device performance review reports for a period of two years from the date the DPR was performed.(b) All records required to be maintained shall be made available upon request by the department or an authorized representative of the department.", "sourceNote": "Source Note: The provisions of this §97.60 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214943", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§97.70", "label": "Device Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration Fees (initial and renewal):(1) A device with a maximum flow rate of 20 GPM or less, delivering fuel from a single nozzle:(A) multiple products (includes a fuel quality fee of $21)--$93;(B) a single gasoline product (includes a fuel quality fee of $7)--$31; or(C) a single diesel product, or a single product other than gasoline (includes a fuel quality fee of $7)--$31;(2) A device with a maximum flow rate of greater than 20 GPM but not greater than 100 GPM (includes a fuel quality fee of $7)--$127; and(3) A device with a maximum flow rate greater than 100 GPM--$450.(b) Consumer information sticker--$1 per sticker.", "sourceNote": "Source Note: The provisions of this §97.70 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective March 1, 2022, 47 TexReg 911; amended to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§97.71", "label": "Distributor, Jobber, Wholesaler, and Supplier Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200916", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fees:(1) Distributor--$80.(2) Jobber--$80.(3) Wholesaler--$80.(4) Supplier--$2600.(b) Late fees do not apply to this section.", "sourceNote": "Source Note: The provisions of this §97.71 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200916", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§97.72", "label": "Service Company Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200917", "queryAsDate": "03/11/2026" }, "ruleBody": "Service company license fees (initial and renewal):(1) first device category--$300; and(2) each additional device category--$200.", "sourceNote": "Source Note: The provisions of this §97.72 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200917", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§97.73", "label": "Service Technician Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214944", "queryAsDate": "03/11/2026" }, "ruleBody": "Service technician license fees (initial and renewal): $30.", "sourceNote": "Source Note: The provisions of this §97.73 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214944", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§97.74", "label": "Fee Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200920", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are non-refundable.(b) Late renewal fees for registrations and licenses issued under this chapter are provided under §60.83.", "sourceNote": "Source Note: The provisions of this §97.74 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective September 1, 2023, 48 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200920", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "97", "label": "MOTOR FUEL METERING AND QUALITY" }, "subchapter": { "number": "F", "label": "ENFORCEMENT" }, "rule": { "number": "§97.80", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200921", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates any provision of Texas Occupations Code, Chapters 51, or 2310, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 51, and 2310 and applicable agency rules.", "sourceNote": "Source Note: The provisions of this §97.80 adopted to be effective September 1, 2020, 45 TexReg 6082." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200921", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215956", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 662.", "sourceNote": "Source Note: The provisions of this §98.1 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215956", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215957", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Advisory board--The Motorcycle Safety Advisory Board.(2) Change of ownership--A change in the control of a motorcycle school. The control of a school is considered to have changed:(A) in the case of ownership by an individual, when more than 50% of the school has been sold or transferred;(B) in the case of ownership by a partnership or corporation, when more than 50% of the school, or of the owning partnership or corporation, has been sold or transferred; or(C) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the school.(3) Commission--Texas Commission of Licensing and Regulation.(4) Controlling person--An individual who:(A) is a sole proprietor;(B) is a general partner of a partnership;(C) is a controlling person of a business entity that is a general partner of a partnership;(D) possesses direct or indirect control of at least 25 percent of the voting securities of a corporation;(E) is the president, the secretary, or a director of a corporation; or(F) possesses the authority to set policy or direct the management of a business entity.(5) Department--Texas Department of Licensing and Regulation.(6) Entry-level courses--Courses of instruction in motorcycle operation for novice or experienced motorcycle riders designed to meet the training requirement to obtain a Class M driver's license issued under Texas Transportation Code, Chapter 521.(7) Instructor--An individual who holds a license issued by the department that entitles the individual to provide instruction on motorcycle operation and safety as an employee of or under contract with a motorcycle school.(8) Instructor training course--A course offered by an instructor training provider to prepare an individual for licensure as an instructor.(9) Instructor training provider--An individual who holds a license issued by the department that entitles the individual to offer and conduct instructor training courses for consideration.(10) Motorcycle school--A person who holds a license issued by the department that entitles the person to offer and conduct courses on motorcycle operation and safety for consideration.(11) Offer--To do any of the following:(A) make a written or oral proposal to perform;(B) contract in writing or orally to perform; or(C) advertise or imply, in any form through any medium, that a person is available to perform or contract to perform.(12) Person--An individual or entity.(13) Range--The area of a training site where on-cycle training is conducted.(14) Training site--A physical location, consisting of a classroom and range, where motorcycle operator training is conducted.", "sourceNote": "Source Note: The provisions of this §98.10 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215957", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.20", "label": "Instructor--License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215958", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual may not offer or provide instruction in motorcycle operation to the public for consideration unless the individual:(1) holds an instructor license issued by the department;(2) provides the instruction in accordance with a curriculum approved by the department; and(3) provides the instruction as an employee of, or under contract with, a motorcycle school.(b) An individual enrolled as a student in an instructor training course approved by the department does not violate this section by participating in activities conducted as part of the instructor training course.", "sourceNote": "Source Note: The provisions of this §98.20 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215958", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.21", "label": "Instructor--License Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215959", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for an instructor license, an applicant must:(1) be at least 18 years old;(2) submit a completed application on a form prescribed by the department;(3) have successfully completed a department-approved instructor training course;(4) have held, continuously for the two years preceding the date of submitting the application, a valid driver's license that entitles the applicant to operate a motorcycle on a public road;(5) not have been convicted during the preceding three years of:(A) three or more moving violations described by Texas Transportation Code §542.304, or a comparable offense committed in another state, including violations that resulted in an accident; or(B) two or more moving violations described by Texas Transportation Code §542.304, or a comparable offense committed in another state, that resulted in an accident;(6) be a high school graduate or have obtained a general education development (GED) certificate, certificate of high school equivalency, or other credentials equivalent to a public high school degree;(7) submit the fee required by §98.80;(8) undergo and successfully pass a criminal history background check, including submitting a complete and legible set of fingerprints on a form and manner prescribed by the department; and(9) not have been convicted during the preceding seven years of any of the following offenses or a comparable offense committed in another state:(A) Texas Penal Code §49.04, Driving While Intoxicated;(B) Texas Penal Code §49.045, Driving While Intoxicated with Child Passenger;(C) Texas Penal Code §49.05, Flying While Intoxicated;(D) Texas Penal Code §49.06, Boating While Intoxicated;(E) Texas Penal Code §49.065, Assembling or Operating an Amusement Ride While Intoxicated;(F) Texas Penal Code §49.07, Intoxication Assault; or(G) Texas Penal Code §49.08, Intoxication Manslaughter.", "sourceNote": "Source Note: The provisions of this §98.21 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215959", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.22", "label": "Instructor--Training Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215960", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An instructor training course conducted in Texas must be a training program on motorcycle operator training and safety instruction approved by the department and conducted by an instructor training provider at a motorcycle school.(b) To be eligible to enroll in an instructor training course under this section, an individual must:(1) meet the requirements of §98.21(4), (5), (6), and (9); and(2) not have a criminal history that will make the individual ineligible for an instructor license under §98.21(8).(c) To determine whether an individual meets the requirement of subsection (b)(2), an individual may request a criminal history evaluation letter from the department, as provided by 16 T.A.C. §60.42, Criminal History Evaluation Letters.", "sourceNote": "Source Note: The provisions of this §98.22 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215960", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.23", "label": "Instructor--License Term; Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An instructor license is valid for two years after the date of issuance.(b) Each licensee is responsible for renewing the license before the expiration date. Lack of receipt of a license renewal notice from the department will not excuse failure to file for renewal or late renewal.(c) To renew a license, an instructor must:(1) submit a completed renewal application on a department-approved form;(2) meet the requirements of §98.21(4), (5), (8), and (9); and(3) submit the fee required under §98.80.(d) The department will notify the license holder if the person needs to submit new fingerprints for the criminal history background check.", "sourceNote": "Source Note: The provisions of this §98.23 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215961", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.24", "label": "Instructor Training Provider--License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200927", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual may not offer or conduct an instructor training course unless the individual holds an instructor training provider license issued by the department.(b) To be eligible for the issuance or renewal of an instructor training provider license, an applicant must:(1) submit a completed application on a form prescribed by the department;(2) meet the requirements of §98.21(1), (4), (5), (6), (8), and (9);(3) hold a current instructor license issued by the department;(4) hold current certification to conduct a department-approved instructor training course issued by the course owner or administrator; and(5) submit the fee required under §98.80.(c) An instructor training provider license is valid for two years after the date of issuance or renewal.", "sourceNote": "Source Note: The provisions of this §98.24 adopted to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200927", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.25", "label": "Motorcycle School--License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206139", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not offer or conduct training in motorcycle operation for consideration unless the person:(1) holds a motorcycle school license issued by the department;(2) conducts the training in accordance with a curriculum approved by the department; and(3) employs, or contracts with, an instructor to teach the training.", "sourceNote": "Source Note: The provisions of this §98.25 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.26", "label": "Motorcycle School--License Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215962", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for a motorcycle school license, an applicant must:(1) submit a completed application on a form prescribed by the department;(2) provide a list of all controlling persons of the applicant, each of whom must undergo and successfully pass a criminal history background check;(3) obtain an insurance policy that meets the requirements of §98.40;(4) provide a list of all real property that will be used to meet the training site requirements of §98.100 and proof that the applicant owns, or possesses written authorization by the owner to use, each property;(5) provide a list of motorcycles, if any, that will be available for use by students, including for each motorcycle the year, make, model, and Vehicle Identification Number (VIN);(6) provide a list of the department-approved courses the applicant intends to offer and proof of ownership of, or authority to offer, each course;(7) provide a list of instructors employed by, or contracted with, the applicant; and(8) submit the fee required by §98.80.", "sourceNote": "Source Note: The provisions of this §98.26 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215962", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.27", "label": "Motorcycle School--License Term; Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200930", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motorcycle school license is valid for two years after the date of issuance.(b) Each licensee is responsible for renewing the license before the expiration date. Lack of receipt of a license renewal notice from the department will not excuse failure to file for renewal or late renewal.(c) To renew a license, a motorcycle school must:(1) submit a completed renewal application on a department-approved form;(2) meet the requirements of §98.26(2), (3), and (6); and(3) submit the fee required under §98.80.", "sourceNote": "Source Note: The provisions of this §98.27 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200930", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200931", "queryAsDate": "03/11/2026" }, "ruleBody": "A course in motorcycle operation is exempt from licensing and regulation under Texas Transportation Code, Chapter 662, and this chapter if the course:(1) is taught by law enforcement agencies to law enforcement officers; or(2) is not advertised or otherwise claimed to meet the training requirement for a Class M driver's license and:(A) provides instruction only in off-road dirt bike training for use on trails, tracks, or other nonpublic roadways; or(B) provides instruction only in motorcycle racing techniques on a racetrack for the purpose of motorcycle racing competition.", "sourceNote": "Source Note: The provisions of this §98.30 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200931", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.40", "label": "Motorcycle School--Insurance Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215963", "queryAsDate": "03/11/2026" }, "ruleBody": "A motorcycle school must be covered by an insurance policy that provides at least $2 million in liability coverage and $10,000 in medical payments coverage.", "sourceNote": "Source Note: The provisions of this §98.40 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215963", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.50", "label": "Motorcycle School--Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215964", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motorcycle school must report each injury to the department, in the form and manner prescribed by the department, within:(1) two business days following the end of each course for an injury that requires immediate medical attention beyond first aid; or(2) three business days following the end of each course for any other injury.(b) By the fifth business day following the end of each course, a motorcycle school must accurately report to the department, in the form and manner prescribed by the department, information relating to each student enrolled in the course. The report must include:(1) each student's full legal name as shown on the student's driver's license, or other form of identification acceptable to the department;(2) whether each student successfully completed the course; and(3) all instructors who provided instruction for the course.(c) A motorcycle school must report quarterly to the department, in the form and manner prescribed by the department:(1) the number and types of courses provided during the quarter;(2) the number of persons who took each course during the quarter;(3) the number of instructors available to provide training under the school's program during the quarter;(4) information collected by surveying persons taking each course as to the length of any waiting period the person experienced before being able to enroll in the course; and(5) the number of persons on a waiting list for a course at the end of the quarter.", "sourceNote": "Source Note: The provisions of this §98.50 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215964", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.60", "label": "Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215965", "queryAsDate": "03/11/2026" }, "ruleBody": "The department may conduct unannounced audits, during reasonable business hours, to ensure motorcycle schools, instructors, and instructor training providers comply with the requirements of this chapter and Texas Transportation Code, Chapter 662.", "sourceNote": "Source Note: The provisions of this §98.60 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215965", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.65", "label": "Advisory Board Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200935", "queryAsDate": "03/11/2026" }, "ruleBody": "The Motorcycle Safety Advisory Board consists of nine members appointed by the presiding officer of the commission, on approval of the commission, as follows:(1) three members:(A) each of whom must be an instructor or represent a motorcycle school; and(B) who must collectively represent the diversity in size and type of the motorcycle schools licensed under this chapter;(2) one member who represents the motorcycle dealer retail industry;(3) one representative of a law enforcement agency;(4) one representative of the Texas A&M Transportation Institute;(5) one member who is an instructor training provider; and(6) two public members who hold a valid Class M driver's license issued under Texas Transportation Code, Chapter 521.", "sourceNote": "Source Note: The provisions of this §98.65 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200935", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.66", "label": "Advisory Board Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200936", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall advise the department on matters related to the motorcycle operator training and safety program established under Texas Transportation Code, Chapter 662.", "sourceNote": "Source Note: The provisions of this §98.66 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200936", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.67", "label": "Advisory Board Member Terms, Vacancies, and Removal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200937", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board members serve staggered six-year terms. The terms of three members expire September 1st of each odd-numbered year.(b) If a vacancy occurs on the advisory board, the presiding officer of the commission, on approval of the commission, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.(c) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code §51.209.", "sourceNote": "Source Note: The provisions of this §98.67 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200937", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.68", "label": "Advisory Board Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209300", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission, on approval of the commission, shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a one-year term.(b) The presiding officer of the advisory board shall preside at all advisory board meetings at which he or she is in attendance. The presiding officer of the advisory board may vote on any matter before the advisory board.", "sourceNote": "Source Note: The provisions of this §98.68 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209300", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.69", "label": "Advisory Board Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215966", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board shall meet at the call of the executive director or the presiding officer of the commission.(b) A quorum of the advisory board is necessary to conduct official business. A quorum is five members.(c) Advisory board actions require a majority vote of those members present and voting.", "sourceNote": "Source Note: The provisions of this §98.69 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective July 1, 2022, 47 TexReg 3672." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215966", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.70", "label": "Instructor--Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An instructor must:(1) notify the department of any change in the instructor's address, phone number, or email address within 15 days from the date of the change;(2) maintain a valid driver's license that entitles the license holder to operate a motorcycle on a public road;(3) maintain a driving record that meets the requirements of §98.21(5);(4) act immediately to appropriately address the medical needs of any person injured at the training site and summon emergency medical services if necessary;(5) report each injury to the motorcycle school in a timely manner;(6) cooperate with all department audits and investigations and provide all requested documents;(7) before each course, inspect each motorcycle to be used on the range to ensure the motorcycle meets the requirements of §98.102;(8) ensure that each motorcycle provided by a student meets the insurance requirements of §98.102(b)(2) before the motorcycle is used on the range;(9) provide instruction only in compliance with a curriculum approved by the department;(10) be capable of instructing the entire course and providing technically correct riding demonstrations;(11) comply with the student-to-instructor ratio requirements in §98.108;(12) supervise all students and personnel on the range;(13) wear the protective gear required by §98.108(e) whenever riding a motorcycle to, from, or during rider training activities;(14) ensure all students wear the protective gear required by §98.108(e) when participating in the on-cycle activities of the course; and(15) deal honestly with members of the public and the department.(b) An instructor must not:(1) instruct a student if either the instructor or student exhibits signs of impairment from the use of an alcoholic beverage, controlled substance, drug, or dangerous drug, as defined in Texas Penal Code §1.07; or(2) complete, issue, or validate a certificate of course completion to a person who has not successfully completed the course.", "sourceNote": "Source Note: The provisions of this §98.70 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215967", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.71", "label": "Instructor Training Provider--Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200940", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An instructor training provider must:(1) comply with the requirements for instructors in §98.70;(2) maintain a current instructor license issued by the department;(b) For each instructor training course provided, an instructor training provider must:(1) by the fifth business day following the end of each course, report to the department, in the form and manner prescribed by the department, information relating to each trainee enrolled in the course, including:(A) each trainee's full legal name as shown on the trainee's driver's license, or other form of identification acceptable to the department;(B) whether each trainee successfully completed the course; and(C) all instructor training providers who conducted the course; and(2) maintain, for three calendar years, records of instructor training courses conducted, including each individual who enrolled in the course and whether the individual successfully completed the course.", "sourceNote": "Source Note: The provisions of this §98.71 adopted to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200940", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.72", "label": "Motorcycle School--Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motorcycle school must:(1) notify the department of any change to the information provided for initial licensure under §98.26 or for license renewal under §98.27, within 15 days from the date of the change;(2) maintain ownership of, or possession of written authorization by the owner to use:(A) all real property used for a training site; and(B) all motorcycles made available for use by students;(3) maintain compliance with the insurance requirements of §98.40;(4) maintain compliance with the reporting requirements of §98.50;(5) cooperate with all department audits and investigations and provide all requested documents;(6) comply with §98.74 prior to a relocation;(7) notify the department within 30 days after a change of ownership and comply with the requirements of §98.76;(8) maintain compliance with training site requirements of §98.100;(9) ensure that all motorcycles made available for use by students meet the requirements of §98.102;(10) allow course admission only to individuals who meet the requirements of §98.104;(11) issue course completion certificates in accordance with §98.106 and implement effective protective measures to ensure that unissued course completion certificates are secured;(12) conduct courses only in accordance with a department-approved curriculum and notify the department at least 15 days prior to any change to the list of courses that will be offered;(13) employ or contract with instructors to teach all courses conducted by the motorcycle school;(14) schedule instructors only in compliance with the student-to-instructor ratio requirements of §98.108;(15) require all students and instructors to wear full protective gear whenever participating in the on-cycle portion of any course, as required by §98.108(f);(16) maintain, for three calendar years, records of courses conducted and individuals who receive course completion certificates; and(17) deal honestly with members of the public and the department.(b) A motorcycle school must not:(1) complete, issue, or validate a department-approved course completion certificate to a person who has not successfully completed the course;(2) offer or conduct a course without authorization from the owner of the course; or(3) allow an instructor employed by, or contracted with, the motorcycle school to violate any provision of this chapter or Transportation Code, Chapter 662.(c) Each instructor employed by, or contracted with, a motorcycle school is an agent of the motorcycle school, and the motorcycle school is responsible for all acts performed by an instructor that are within the scope of, and occur during the course of, motorcycle operator training conducted at the motorcycle school.", "sourceNote": "Source Note: The provisions of this §98.72 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200941", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.74", "label": "Motorcycle School--Relocation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215968", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motorcycle school must notify the department at least 15 days prior to a relocation by submitting a completed form prescribed by the department.(b) A relocation includes a change to the list of real property used for a training site.", "sourceNote": "Source Note: The provisions of this §98.74 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215968", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.76", "label": "Motorcycle School--Change of Ownership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215969", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motorcycle school license is not transferable.(b) If a motorcycle school has a change of ownership, the new owner must apply for a new motorcycle school license. The current license holder may continue to operate the motorcycle school while the department is processing the application.", "sourceNote": "Source Note: The provisions of this §98.76 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215969", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200944", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The fee for the issuance or renewal of an instructor license is $50.(b) The fee for the issuance or renewal of a motorcycle school license is $100.(c) The fee for the issuance or renewal of an instructor training provider license is $50.(d) The fee for the approval of a motorcycle operation and safety course is $0.(e) The fee for the approval of an instructor training course is $0.(f) A duplicate/replacement fee for a license issued under this chapter is $25.(g) Late renewal fees for licenses issued under this chapter are provided under §60.83 (relating to Late Renewal Fees).(h) A dishonored/returned check or payment fee is the fee prescribed under §60.82 (relating to Dishonored Payment Fee).(i) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 (relating to Criminal History Evaluation Letters).", "sourceNote": "Source Note: The provisions of this §98.80 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200944", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200945", "queryAsDate": "03/11/2026" }, "ruleBody": "If an individual or entity violates any provision of Texas Occupations Code, Chapter 51, Texas Transportation Code, Chapter 662, this chapter, or any rule or order of the commission or the executive director of the department, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both, in accordance with the provisions of Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 662, as applicable, and any associated rules.", "sourceNote": "Source Note: The provisions of this §98.90 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200945", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.92", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206141", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 662, and any associated rules, may be used to enforce Texas Transportation Code, Chapter 662, and this chapter.", "sourceNote": "Source Note: The provisions of this §98.92 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206141", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.100", "label": "Training Site Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motorcycle school must have a training site that includes:(1) a range that is:(A) a paved surface, including asphalt, concrete, or another all-weather surface of suitable traction;(B) large enough to safely accommodate all courses conducted by the motorcycle school;(C) reasonably free of incline;(D) secure from vehicular and pedestrian traffic;(E) free of surface hazards and obstacles; and(F) surrounded by a paved run-off area, free of surface hazards and obstacles, of at least 20 feet from the perimeter of the range;(2) an appropriate first aid kit and at least one five-pound Class ABC fire extinguisher, or its equivalent, for the range;(3) a classroom that:(A) is not located in a private residence;(B) is large enough to adequately seat all students and instructors;(C) has an adequate seat and writing surface for each student; and(D) has adequate audiovisual presentation equipment.(b) Subsection (a)(3) does not require a classroom to be a physical building and does not prohibit a virtual classroom conducted online.", "sourceNote": "Source Note: The provisions of this §98.100 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200947", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.102", "label": "Motorcycle Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215952", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An instructor must reject a motorcycle for use in a course if the motorcycle fails to meet the requirements of this section or if, in the discretion of the instructor, the motorcycle is unsafe or inappropriate for the rider, an instructor, another student, or any other person permitted on the range.(b) Student-provided motorcycles used in courses must:(1) meet all the requirements for operation on public highways;(2) be covered by a motor vehicle liability insurance policy that meets the requirements of Texas Transportation Code §601.072, proof of which must be available for inspection by an instructor; and(3) pass a safety inspection conducted by the instructor.(c) All motorcycles used in a course must meet the curriculum requirements of the course.", "sourceNote": "Source Note: The provisions of this §98.102 adopted to be effective September 1, 2020, 45 TexReg 6088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215952", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.104", "label": "Student Admission Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206143", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Entry-level courses are open to any individual who is at least 15 years old.(b) Non-entry-level courses are open to any individual who holds a Class M driver's license or an equivalent out-of-state license.(c) To be eligible for student admission to any course, an individual younger than 18 years of age must provide the motorcycle school with written consent, signed by the individual's parent or legal guardian, for the individual to participate as a student in the course and to receive medical treatment for any injury that may occur at the motorcycle school. The signature of the parent or legal guardian on the written consent must be notarized or provided in person at the training site.(d) Prior to accepting payment from an individual for admission to an entry-level course, a motorcycle school must inform the individual in writing of:(1) the school's policy regarding any attempts the school allows students to make to pass the knowledge examination, the riding skills test required for the course, and any associated fees; and(2) the requirement that a student whose riding performance creates an unmanageable danger on the range, as determined by the instructor, must be removed from the course.(e) A motorcycle school must inform each student in writing of the department's name, mailing address, telephone number, and website address for the purpose of directing complaints to the department.(f) If registration is performed by telephone, the information required by subsection (d) must be provided to the individual before the payment becomes non-refundable.", "sourceNote": "Source Note: The provisions of this §98.104 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206143", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.106", "label": "Verification of Course Completion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215953", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motorcycle school must issue a department-approved course completion certificate to a student who has successfully completed an entry-level course. The certificate must be signed by an instructor who taught the course or an appointed representative of the school.(b) A motorcycle school must issue a department-approved course completion certificate that is restricted to the operation of a three-wheeled motorcycle if the entry-level course successfully completed by a student is specific to the operation of a three-wheeled motorcycle.(c) A motorcycle school may issue a duplicate course completion certificate to a student for a lost certificate for up to three calendar years from the date the course was completed. The duplicate certificate must bear the same certificate number and course completion date as the original certificate.(d) A course completion certificate for an entry-level course may only be issued to a student who has successfully completed the knowledge examination and the riding skills test required by the approved curriculum for the course. A motorcycle school may allow a student to make multiple attempts to pass the knowledge examination or the riding skills test, but any student whose riding performance creates an unmanageable danger on the range, as determined by the instructor, must be removed from the course and is not entitled to additional attempts to pass the riding skills test.", "sourceNote": "Source Note: The provisions of this §98.106 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215953", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.108", "label": "Course Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206145", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All courses must be conducted in accordance with a department-approved curriculum.(b) The student-to-instructor ratio for classroom instruction of a course may not exceed 36 students per instructor.(c) The student-to-instructor ratio for range instruction may not exceed eight students per instructor, or a more restrictive ratio imposed by the approved curriculum.(d) For two-wheeled motorcycle courses, a separate motorcycle must be available for each student. For three-wheeled motorcycle courses, no more than two students may share a motorcycle.(e) All students and instructors must wear protective gear when participating in the on-cycle activities of the course. The minimum protective gear includes:(1) a motorcycle helmet that meets the standards of the U.S. Department of Transportation;(2) eye protection;(3) over-the-ankle, sturdy footwear;(4) a long-sleeved shirt or jacket;(5) non-flare pants that cover the entire leg and are made from a material that is at least as sturdy as denim; and(6) full-fingered gloves.(f) No person shall be on the range during any phase of range instruction except:(1) instructors who are providing instruction, assistance, or evaluation;(2) students who are enrolled in the course being conducted;(3) interpreters or other assistants providing services to accommodate a disability or other condition required by law to be accommodated; or(4) range assistants who are:(A) enrolled in an instructor training course described in §98.22; or(B) all of the following:(i) at least 16 years old;(ii) employed by or contracted with the motorcycle school; and(iii) trained by the motorcycle school to provide non-instructional support.(g) A range assistant may not provide any form of instruction or evaluation of students, but may provide non-instructional support, limited to:(1) moving motorcycles;(2) setting up, removing, or operating classroom equipment and materials;(3) setting or removing cones or other objects for range exercises;(4) performing on-site motorcycle maintenance; and(5) conducting demonstrations of riding exercises under the supervision of an instructor, if allowed by the approved curriculum.", "sourceNote": "Source Note: The provisions of this §98.108 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206145", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.110", "label": "Approval of Course Curriculum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215954", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To obtain department approval of a course curriculum, a person must submit to the department:(1) a completed application on a form prescribed by the department; and(2) the curriculum for the course and, if requested by the department, course materials to be used by students and instructors in the classroom and on the range.(b) If the curriculum meets the minimum standards established by this chapter, the department will approve the course. Notification of approval or denial will be sent to the applicant.", "sourceNote": "Source Note: The provisions of this §98.110 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215954", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.112", "label": "Curriculum Standards--Entry-Level Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206147", "queryAsDate": "03/11/2026" }, "ruleBody": "The curriculum for an entry-level course must:(1) be determined by the department to meet the Model National Standards for Entry-Level Motorcycle Rider Training (August 2011) distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration, which the department adopts by reference;(2) include a knowledge examination that is designed to ensure students comprehend important concepts covered in the curriculum;(3) include a riding skills test that is designed to ensure students can perform the riding skills covered in the curriculum;(4) be consistent with this chapter and Texas Transportation Code, Chapter 662; and(5) be submitted in conjunction with an instructor training course that meets the requirements of §98.116.", "sourceNote": "Source Note: The provisions of this §98.112 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206147", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.114", "label": "Curriculum Standards--Non-Entry-Level Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215955", "queryAsDate": "03/11/2026" }, "ruleBody": "The curriculum for a course of instruction in motorcycle operation that is not an entry-level course must:(1) provide a benefit to public safety;(2) be designed to provide training in a safe and prudent manner; and(3) be consistent with this chapter and Texas Transportation Code, Chapter 662.", "sourceNote": "Source Note: The provisions of this §98.114 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215955", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "98", "label": "MOTORCYCLE OPERATOR TRAINING AND SAFETY" }, "rule": { "number": "§98.116", "label": "Curriculum Standards--Instructor Training Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200976", "queryAsDate": "03/11/2026" }, "ruleBody": "The curriculum for an instructor training course must:(1) prepare an individual to competently teach all components of an entry-level course approved by the department;(2) have an evaluation process to ensure the individual can competently teach all components of the entry-level course; and(3) be consistent with this chapter and Texas Transportation Code, Chapter 662.", "sourceNote": "Source Note: The provisions of this §98.116 adopted to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200976", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200977", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 551A.", "sourceNote": "Source Note: The provisions of this §99.1 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200977", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200978", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) All-terrain Vehicle Safety Institute (ASI)--A not-for-profit operating division of the Specialty Vehicle Institute of America (SVIA), formed to implement an expanded national program of all-terrain vehicle safety education and awareness.(2) Commission--Texas Commission of Licensing and Regulation.(3) Department--Texas Department of Licensing and Regulation.(4) Off-highway vehicle--An all-terrain vehicle, a recreational off-highway vehicle, a sand rail, or a utility vehicle, as those terms are defined in Texas Transportation Code §551A.001.(5) Program--The Off-Highway Vehicle Operator Education and Certification Program administered by the department to make available courses in basic training and safety skills relating to the operation of off-highway vehicles and to issue safety certificates to operators who successfully complete the courses.(6) Program sponsor--An entity with which the department enters into an agreement to administer the program.(7) Safety certificate--A certificate that allows a person to operate an off-highway vehicle on public off-highway vehicle land or a beach, in accordance with Transportation Code §551A.031.(8) Safety training course--A course of instruction in off-highway vehicle operation that fulfills the training requirement for a person to obtain a safety certificate.", "sourceNote": "Source Note: The provisions of this §99.10 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200978", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.20", "label": "Program Sponsor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200980", "queryAsDate": "03/11/2026" }, "ruleBody": "The department may enter into an agreement with a nonprofit safety organization, nonprofit educational organization, institution of higher education, or agency of local government to serve as a program sponsor.", "sourceNote": "Source Note: The provisions of this §99.20 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200980", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.22", "label": "Instructor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person must be a department-approved instructor to teach a safety training course.(b) To be eligible to become an approved instructor, a person must:(1) successfully complete a department-approved instructor preparation course;(2) enter into an instructor license agreement with a program sponsor; and(3) submit an application on a form prescribed by the department.(c) The department adopts the most current version of ASI's Instructor Preparation Course as the approved instructor preparation course for the program.(d) A person's approval as an instructor is valid for the period stated in the instructor license agreement with the program sponsor and may be extended or renewed as provided in the agreement.", "sourceNote": "Source Note: The provisions of this §99.22 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200979", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.24", "label": "Safety Training Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200981", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The curriculum for a safety training course shall consist of a department-approved course and the distribution of information about Texas laws which pertain to off-highway vehicles.(b) The department adopts the most current version of ASI's ATV RiderCourse that includes hands-on training as the approved course for the program.(c) Safety training courses attended by children under age 16 shall be modified according to the most current standards of ASI.(d) All off-highway vehicles used for training in a safety training course shall be no greater than the recommended size for the person in accordance with the age/size recommendations of the manufacturer.(e) A program sponsor may not allow a child under the age of 18 to participate as a student in a safety training course unless the program sponsor has obtained:(1) the signed, written consent of the child's parent or guardian on a form that includes the appropriate age recommendations listed in the most current ASI Instructor Guide; and(2) written consent, signed by a parent or other person listed in Texas Family Code §32.001(a), for the individual to receive medical treatment for any injury that may occur during the course.(f) A program sponsor may charge a fee for a safety training course that is reasonably related to the cost of administering the course.(g) A program sponsor shall determine appropriate locations for safety training courses based on the quantity of training requests and the availability of training facilities and instructors.", "sourceNote": "Source Note: The provisions of this §99.24 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200981", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.26", "label": "Operator Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200982", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An instructor shall issue a safety certificate to a student immediately following the student's successful completion of a safety training course.(b) A program sponsor shall provide to the department, in a manner prescribed by the department, the names of all persons who successfully complete a safety training course, no later than 45 days after the date of course completion.(c) A program sponsor may issue a duplicate safety certificate to a person whose safety certificate is lost, mutilated, or destroyed.", "sourceNote": "Source Note: The provisions of this §99.26 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200982", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200983", "queryAsDate": "03/11/2026" }, "ruleBody": "A person who resides in a county in which a safety training course is not being offered is exempted from the requirement to hold a safety certificate for operation of an off-highway vehicle on public land or a beach in that county until such time as a safety training course is available in that county.", "sourceNote": "Source Note: The provisions of this §99.30 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200983", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200984", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person violates any provision of Texas Occupations Code, Chapter 51, Texas Transportation Code, Chapter 551A, this chapter, or any rule or order of the commission or the executive director of the department, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both, in accordance with the provisions of Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 551A, as applicable, and any associated rules.", "sourceNote": "Source Note: The provisions of this §99.90 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200984", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.92", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200985", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 551A, and any associated rules, may be used to enforce Texas Transportation Code, Chapter 551A, and this chapter.", "sourceNote": "Source Note: The provisions of this §99.92 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200985", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.100", "label": "Off-Highway Vehicle Warning Flag" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200986", "queryAsDate": "03/11/2026" }, "ruleBody": "A person who operates an off-highway vehicle on a public highway pursuant to Texas Transportation Code §551A.057 or §551A.058 must have a warning flag mounted on the rear of the vehicle that meets the following standards:(1) the warning flag must be comprised of a fluorescent-orange-colored, triangular-shaped flag, a staff or pole, and a mounting apparatus;(2) the flag must measure not less than 7.5 inches nor more than 10 inches across the base and not less than 16 inches nor more than 24 inches from the base to the point of the triangle and must be constructed of a coated fabric or other material sufficient to render it resistant to deterioration by the elements;(3) the staff or pole must measure not less than 8 feet nor more than 9 feet from the mounting surface to the tip, must be not less than 1/4 inch nor more than 1/2 inch in diameter, and must be constructed of a material or in such a manner as to allow it to flex or bend as much as 45 degrees without breaking and return to a vertical position; and(4) the mounting apparatus must be sufficient to attach it securely at the base to the rear area of the vehicle and in an upright position.", "sourceNote": "Source Note: The provisions of this §99.100 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200986", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "99", "label": "OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM" }, "rule": { "number": "§99.102", "label": "Operation on Land Designated for Off-Highway Vehicle Use by Texas Parks and Wildlife Department" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208497", "queryAsDate": "03/11/2026" }, "ruleBody": "No person shall operate an off-highway vehicle on land designated by the Texas Parks and Wildlife Department for off-highway vehicle use unless an off-highway decal has been affixed to the off-highway vehicle in compliance with Texas Parks and Wildlife Code §29.003.", "sourceNote": "Source Note: The provisions of this §99.102 adopted to be effective September 1, 2020, 45 TexReg 6095." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208497", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.1", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208498", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter applies to the health-related programs regulated by the department, as specified in each of the subchapters in this chapter. The provisions of this chapter are in addition to all other statutes and rules that apply to the health-related programs, as specified in each subchapter. This chapter applies except in the event of a conflict with specific program statutes and rules.", "sourceNote": "Source Note: The provisions of this §100.1 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208498", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208499", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms have the following meanings when used in this chapter:(1) Advisory Board--A board, committee, council, or other body that is established by law to advise the commission or department on rules, policies, and/or technical matters.(2) Commission--Texas Commission of Licensing and Regulation.(3) Department--Texas Department of Licensing and Regulation.(4) Executive Director--The head administrative official of the department.(5) License--A license, certificate, registration, title, commission, or permit issued by the department.(6) Penalty or Administrative Penalty--A monetary fine imposed by the commission or the executive director on a licensee or other person who has violated this chapter or a statute or rule governing a program regulated by the department.(7) Rule--Any commission statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the department or commission.(8) Sanction--An action by the commission or executive director against a license holder or another person, including the denial, suspension, or revocation of a license, the reprimand of a license holder, the placement of a license holder on probation, or refusal to renew.", "sourceNote": "Source Note: The provisions of this §100.2 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208499", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.3", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208500", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department may bring an enforcement action to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Occupations Code, Chapter 51 and any associated rules if a person or entity violates any provision of Occupations Code, Chapter 51 or this chapter, or any rule or order of the executive director or commission.(b) The department may bring an enforcement action for violation of this chapter in combination with an action for violation of any other applicable law or rule governing a program administered by the department or governing the practice of a person or entity regulated by the department.", "sourceNote": "Source Note: The provisions of this §100.3 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208500", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "B", "label": "CERTAIN HEALTH-RELATED ADVISORY BOARDS" }, "rule": { "number": "§100.11", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208501", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter applies to programs administered by the department under the following chapters of Title 3, Occupations Code:(1) Chapter 203 (Midwives);(2) Chapter 401 (Speech-Language Pathologists and Audiologists);(3) Chapter 402 (Hearing Instrument Fitters and Dispensers);(4) Chapter 451 (Athletic Trainers);(5) Chapter 506 (Behavior Analysts);(6) Chapter 605 (Orthotists and Prosthetists); and(7) Chapter 701 (Dietitians).(b) The provisions of this subchapter are in addition to all other provisions of law or commission rules that apply to the programs in subsection (a).", "sourceNote": "Source Note: The provisions of this §100.11 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208501", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "B", "label": "CERTAIN HEALTH-RELATED ADVISORY BOARDS" }, "rule": { "number": "§100.20", "label": "Providing Information to Advisory Boards for Certain Health-Related Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208502", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is promulgated under Occupations Code §51.2031(b).(b) The department will present the following documents, including any updates or revisions, to the advisory board for its input and recommendation:(1) The penalty matrix for the program to be included in the department's Enforcement Plan; and(2) Criminal Conviction Guidelines (Guidelines for Applicants with Criminal Convictions) for the program.(c) The department will provide information regarding the general investigative, enforcement, or disciplinary procedures of the department or commission to the advisory board in the following manner:(1) At advisory board meetings, the department will provide a report on recent enforcement activities, including:(A) a brief description of final orders entered in enforcement cases; and(B) statistics on complaints received, disposition of cases, and any sanctions or administrative penalties assessed;(2) On request of the advisory board, the department will provide additional information:(A) during the staff report portion of the advisory board meeting; or(B) by placing a discussion item on the agenda for a future advisory board meeting; or(3) The department may provide information directly to an individual member of the advisory board in response to a request from that member.", "sourceNote": "Source Note: The provisions of this §100.20 adopted to be effective November 1, 2016, 41 TexReg 8292; amended to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208502", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "B", "label": "CERTAIN HEALTH-RELATED ADVISORY BOARDS" }, "rule": { "number": "§100.30", "label": "Rules Regarding Certain Health-Related Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208503", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is promulgated under Occupations Code §51.2031(a-1) and (a-2).(b) The commission may not adopt a new rule relating to the scope of practice of or a health-related standard of care for a program to which this section applies unless the rule has been proposed by the advisory board established for that program.(c) Under Occupations Code §51.2031(a-1) and (a-2), the advisory board may propose a rule described by subsection (b) according to the following procedure:(1) The advisory board, by a majority vote of the members present and voting at a meeting at which a quorum is present, shall either:(A) recommend that the rule be published in the Texas Register for public comment; or(B) if the rule has been published and after considering the public comments, make a recommendation to the commission concerning adoption of the rule;(2) The rule must be within the commission's legal authority to adopt; and(3) The department may make non-substantive, editorial changes to the rule as necessary.(d) The commission shall either adopt the rule as proposed by the advisory board under subsection (c), with any non-substantive, editorial changes made by the department under subsection (c)(3), or return the rule to the advisory board for revision.", "sourceNote": "Source Note: The provisions of this §100.30 adopted to be effective November 1, 2016, 41 TexReg 8292; amended to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208503", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "B", "label": "CERTAIN HEALTH-RELATED ADVISORY BOARDS" }, "rule": { "number": "§100.40", "label": "Enforcement Procedures for Certain Health-Related Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208504", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is promulgated under Occupations Code §51.2031(b).(b) The department will develop procedures to incorporate health-related expertise into the department's investigation and resolution of complaints.(c) The department will seek input regarding the procedures developed under this section from each advisory board.(d) The procedures developed under this section may include obtaining health-related expertise from one or more of the following sources:(1) A current or former member of the advisory board for the profession;(2) A department staff expert;(3) An outside expert with relevant education, training, or experience; or(4) A panel consisting of any combination of the individuals listed in paragraphs (1) - (3).(e) Opinions or recommendations obtained under subsection (d) are not binding on the department or commission.(f) The procedures developed under this section must include provisions to protect information that is confidential by law.(g) Individuals assisting with reviewing or investigating complaints filed with the department are entitled to the immunity from suit provided in Occupations Code §51.252(e).", "sourceNote": "Source Note: The provisions of this §100.40 adopted to be effective November 1, 2016, 41 TexReg 8292; amended to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208504", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "C", "label": "TELEHEALTH" }, "rule": { "number": "§100.60", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208505", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter applies to programs administered by the department under the following chapters of Title 3, Occupations Code:(1) Chapter 202 (Podiatrists);(2) Chapter 203 (Midwives);(3) Chapter 401 (Speech-Language Pathologists and Audiologists);(4) Chapter 402 (Hearing Instrument Fitters and Dispensers);(5) Chapter 403 (Licensed Dyslexia Practitioners and Therapists);(6) Chapter 451 (Athletic Trainers);(7) Chapter 455 (Massage Therapy);(8) Chapter 506 (Behavior Analysts);(9) Chapter 605 (Orthotists and Prosthetists); and(10) Chapter 701 (Dietitians).(b) This subchapter is promulgated under Occupations Code §51.501.(c) The provisions of this subchapter are in addition to all other provisions of law or commission rules that apply to the programs in subsection (a).(d) To the extent that any provision of this subchapter conflicts with any provision of the laws or rules governing a program in subsection (a), the specific provision governing a program will prevail over this subchapter.", "sourceNote": "Source Note: The provisions of this §100.60 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208505", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "C", "label": "TELEHEALTH" }, "rule": { "number": "§100.61", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208506", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms have the following meanings when used in this subchapter, unless the context clearly indicates otherwise:(1) Client--A patient, consumer, or any other person receiving care or services from a health professional.(2) Health professional--A person holding a license issued by the department in a program listed in §100.60(a) of this chapter.(3) In-person--The health professional is physically present with the client while performing an act or service within the health professional's scope of practice.(4) Telehealth service--A health service delivered by a health professional acting within the scope of the health professional's license to a client at a different physical location than the health professional using telecommunications or information technology.", "sourceNote": "Source Note: The provisions of this §100.61 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208506", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "C", "label": "TELEHEALTH" }, "rule": { "number": "§100.62", "label": "License Requirement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208507", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise permitted to practice under applicable law or commission rule, a person providing a telehealth service to a client located in Texas at the time the service is provided must possess the valid license type required by the department for the delivery of the applicable telehealth service, regardless of the location of the provider when delivering the telehealth service.", "sourceNote": "Source Note: The provisions of this §100.62 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208507", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "C", "label": "TELEHEALTH" }, "rule": { "number": "§100.63", "label": "Standard of Care" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208508", "queryAsDate": "03/11/2026" }, "ruleBody": "A health professional providing a telehealth service is subject to the standard of care that would apply to the provision of the same health care service or procedure in an in-person setting. Nothing in this subchapter shall be interpreted to require a higher standard of care or otherwise alter the applicable standard of care governing the treatment provided by the health professional.", "sourceNote": "Source Note: The provisions of this §100.63 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208508", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "C", "label": "TELEHEALTH" }, "rule": { "number": "§100.64", "label": "Appropriate Client Care and Fraud Prevention" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208509", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A health professional providing a telehealth service to a client shall ensure that the telecommunications or information technology used to provide the telehealth service is of sufficient quality to allow the health professional to meet the applicable standard of care.(b) It is the health professional's duty to ensure the client or the client's authorized representative can provide all necessary diagnostic information and understand all communication provided during the telehealth service to meet the applicable standard of care.(c) To ensure appropriate client care, a health professional providing a telehealth service shall:(1) inform the client or the client's authorized representative about the capabilities and limitations of any telehealth service to be provided;(2) ensure that informed consent is obtained if it would be required for an in-person service of the same type;(3) allow the client or the client's authorized representative to refuse delivery of telehealth services at any time; and(4) provide the client or the client's authorized representative with information about follow-up care if indicated by the applicable standard of care for the service provided.(d) To prevent fraud and abuse when providing a telehealth service, a health professional shall:(1) take reasonable steps to verify the identity of the client matches the person who is scheduled to receive the telehealth service;(2) document a telehealth service to the same extent as would be required for an in-person service;(3) ensure that any additional required telehealth-related documentation is maintained in accordance with the applicable laws and rules governing the practice of the health professional; and(4) ensure appropriate protocols are in place to prevent unauthorized access to client communications and claim information.", "sourceNote": "Source Note: The provisions of this §100.64 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208509", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "C", "label": "TELEHEALTH" }, "rule": { "number": "§100.65", "label": "Client Privacy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208510", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When providing a telehealth service, a health professional shall take appropriate measures to ensure that client communications, recordings, and records are protected as required by federal and state privacy laws.(b) A health professional is responsible for ensuring all persons acting under the supervision, direction, or delegated authority of the health professional observe federal and state privacy laws when providing a telehealth service.", "sourceNote": "Source Note: The provisions of this §100.65 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208510", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "D", "label": "REMOTE CONTINUING EDUCATION FOR HEALTH PROFESSIONALS" }, "rule": { "number": "§100.70", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208511", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter applies to programs administered by the department under the following chapters of Title 3, Occupations Code:(1) Chapter 202 (Podiatrists);(2) Chapter 203 (Midwives);(3) Chapter 401 (Speech-Language Pathologists and Audiologists);(4) Chapter 402 (Hearing Instrument Fitters and Dispensers);(5) Chapter 403 (Licensed Dyslexia Practitioners and Therapists);(6) Chapter 451 (Athletic Trainers);(7) Chapter 455 (Massage Therapy);(8) Chapter 506 (Behavior Analysts);(9) Chapter 605 (Orthotists and Prosthetists); and(10) Chapter 701 (Dietitians).(b) This subchapter is promulgated under Occupations Code §51.501.(c) The provisions of this subchapter are in addition to all other provisions of law or commission rules that apply to the programs in subsection (a).(d) To the extent that any provision of this subchapter conflicts with any provision of the laws or rules governing a program in subsection (a), the specific provision governing a program will prevail over this subchapter.", "sourceNote": "Source Note: The provisions of this §100.70 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208511", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "D", "label": "REMOTE CONTINUING EDUCATION FOR HEALTH PROFESSIONALS" }, "rule": { "number": "§100.71", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208512", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms have the following meanings when used in this subchapter, unless the context clearly indicates otherwise:(1) Health professional - A person holding a license issued by the department in a program listed in §100.70(a) of this chapter.(2) Remote continuing education - The provision of continuing education to a health professional through the use of telecommunications or information technology.", "sourceNote": "Source Note: The provisions of this §100.71 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208512", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS" }, "subchapter": { "number": "D", "label": "REMOTE CONTINUING EDUCATION FOR HEALTH PROFESSIONALS" }, "rule": { "number": "§100.72", "label": "Remote Continuing Education for Health Professionals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A health professional may complete any continuing education requirements through remote continuing education, if permitted by applicable federal and state law and the department rules governing the health professional's licensure.(b) A health professional who uses remote continuing education in a manner intended to falsely represent the completion of licensure requirements may be subject to disciplinary sanction, including denial or revocation of licensure.", "sourceNote": "Source Note: The provisions of this §100.72 adopted to be effective May 1, 2022, 47 TexReg 2128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191252", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191253", "queryAsDate": "03/11/2026" }, "ruleBody": "The sections in this chapter are promulgated under the authority of the Texas Occupations Code, Chapters 51 and 451.", "sourceNote": "Source Note: The provisions of this §110.1 adopted to be effective July 1, 2018, 43 TexReg 3881." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191253", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220395", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in these rules shall have the following meanings unless the context clearly indicates otherwise. Words and terms defined in the Athletic Trainers Act shall have the same meaning in these rules:(1) Act--Texas Occupations Code, Chapter 451.(2) Advisory Board--the Advisory Board of Athletic Trainers.(3) Athlete--A person who participates in an organized sport or sport-related exercise or activity, including interscholastic, intercollegiate, intermural, semiprofessional, and professional sports activities.(4) Commission--the Texas Commission of Licensing and Regulation.(5) Department--the Texas Department of Licensing and Regulation.(6) Executive Director--the executive director of the department.(7) Licensee--A person who holds a current license or a temporary license as an athletic trainer issued by the department under the Act.(8) Temporary license--A license issued under §110.30.", "sourceNote": "Source Note: The provisions of this §110.10 adopted to be effective July 1, 2018, 43 TexReg 3881." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220395", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.12", "label": "Scope of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed athletic trainer practices a form of health care defined as \"athletic training\" within the scope of the person's license and pursuant to §451.001(3) of the Act, under the direction of a physician licensed in this state or another qualified, licensed health professional who is authorized to refer for health care services within the scope of the person's license. \"Athletic training\" consists of:(1) managing the risk of an athletic injury or illness;(2) preventing an athletic injury or illness;(3) assessing an athletic injury or illness;(4) providing immediate emergency care;(5) providing therapeutic intervention for an athletic injury; and(6) reconditioning an athletic injury or illness.(b) The activities listed in subsection (c)(1) - (7) may be performed in any setting authorized by a licensed physician and may include, but not be limited to, an educational institution, professional or amateur athletic organization, an athletic facility, or a health care facility.(c) Services provided by a licensed athletic trainer may include, but are not limited to:(1) planning and implementing a comprehensive athletic injury and illness prevention program;(2) conducting an initial assessment of an athlete's injury or illness and formulating an impression of the injury or illness in order to provide emergency or continued care and referral to a physician for definitive diagnosis and treatment, if appropriate;(3) administering first aid and emergency care for acute athletic injuries and illnesses;(4) coordinating, planning, and implementing a comprehensive rehabilitation program for athletic injuries;(5) coordinating, planning, and supervising all administrative components of an athletic training or sports medicine program;(6) providing health care information and counseling athletes; and(7) conducting research and providing instruction on subject matter related to athletic training or sports medicine.(d) A licensee shall not provide health care services which are not within the definition of \"athletic training\" in the Act except in accordance with state and federal laws and rules applicable to the provided services including, but not limited to, Occupations Code, Chapter 157, relating to a physician's delegated authority; other licensure laws; and laws relating to the possession and distribution of controlled substances.", "sourceNote": "Source Note: The provisions of this §110.12 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective September 1, 2024, 49 TexReg 6453." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191254", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.14", "label": "Advisory Board Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178233", "queryAsDate": "03/11/2026" }, "ruleBody": "The Advisory Board of Athletic Trainers consists of five members appointed by the presiding officer of the commission with the approval of the commission as follows:(1) three members who are athletic trainers; and(2) two members who represent the public.", "sourceNote": "Source Note: The provisions of this §110.14 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective July 1, 2018, 43 TexReg 3881." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178233", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.15", "label": "Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178234", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.", "sourceNote": "Source Note: The provisions of this §110.15 adopted to be effective October 1, 2016, 41 TexReg 4435." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178234", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.16", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178235", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory board serve staggered six-year terms. The terms of one or two members expiring on January 31st of each odd-numbered year.(b) If a vacancy occurs on the advisory board, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the unexpired portion of the term.(c) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code, §51.209, Advisory Boards; Removal of Advisory Board Member.", "sourceNote": "Source Note: The provisions of this §110.16 adopted to be effective October 1, 2016, 41 TexReg 4435." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178235", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.17", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209301", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall designate a member of the advisory board as the presiding officer of the advisory board to serve for a term of one year.(b) The presiding officer of the advisory board shall preside at all advisory board meetings at which he or she is in attendance. The presiding officer of the advisory board may vote on any matter before the advisory board.", "sourceNote": "Source Note: The provisions of this §110.17 adopted to be effective October 1, 2016, 41 TexReg 4435." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209301", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.18", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board shall meet at the call of the presiding officer of the commission or the executive director.(b) A quorum of the advisory board is necessary to conduct official business. A quorum is three members.(c) Advisory board action shall require a majority vote of those members present and voting.", "sourceNote": "Source Note: The provisions of this §110.18 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective July 1, 2022, 47 TexReg 3673." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191255", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.20", "label": "Application Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220396", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on department-approved forms.(b) An applicant must submit the following required documentation:(1) a completed application on a department-approved form;(2) official transcript(s)/documentation of all relevant college work showing successful completion of education requirements and apprenticeship hours;(3) the form providing information regarding other state licenses, certificates, or registrations that an applicant holds or held, if applicable;(4) proof of successfully completing the jurisprudence examination no more than six months prior to the date of application; and(5) the fee(s) required under §110.80.(c) The applicant must successfully pass a criminal history background check.(d) The department will notify the applicant regarding whether the applicant qualifies to take the license examination.(e) Pursuant to Texas Occupations Code, Chapters 51 and 451, the commission or the executive director may deny the application for a violation of the Act.(f) If after review the department determines that the application should not be approved, the department shall give the applicant written notice of the reason for the proposed decision and of the opportunity for a hearing under Texas Government Code, Chapter 2001.", "sourceNote": "Source Note: The provisions of this §110.20 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective July 1, 2018, 43 TexReg 3881." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220396", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.21", "label": "License Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178240", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants qualifying under the Act, §451.153(a)(1), shall have:(1) a baccalaureate or post-baccalaureate degree, which includes at least 24 hours of combined academic credit from each of the following course areas:(A) human anatomy and human physiology;(B) health, disease, nutrition, fitness, wellness, emergency care, first aid, or drug and alcohol education;(C) kinesiology or biomechanics;(D) physiology of exercise;(E) athletic training, sports medicine, or care and prevention of injuries;(F) advanced athletic training, advanced sports medicine, or assessment of injury; and(G) therapeutic exercise, therapeutic rehabilitation, or therapeutic modalities; and(2) an apprenticeship in athletic training meeting the following requirements:(A) the program shall be under the direct supervision of and on the same campus as a Texas licensed athletic trainer, or if out-of-state, the college or university's certified or state licensed athletic trainer;(B) the apprenticeship must be a minimum of 1,800 hours. It must be based on the academic calendar and must be completed during at least five fall and/or spring semesters. Hours in the classroom do not count toward apprenticeship hours;(C) the hours must be completed in college or university intercollegiate sports programs. A maximum of 600 hours of the 1,800 hours may be accepted from an affiliated setting which the college or university's athletic trainer has approved. An affiliated setting may be any setting where athletic training takes place. No more than 300 hours may be earned at one affiliated setting. These hours must be under the direct supervision of a licensed physician, licensed or certified athletic trainer, or licensed physical therapist;(D) 1,500 hours of the apprenticeship shall be fulfilled while enrolled as a student at a college or university; and(E) the apprenticeship must offer work experience in a variety of sports. It shall include instruction by a certified or state-licensed athletic trainer in prevention of injuries, emergency care, rehabilitation, modality usage, administrative management, and assessment of injuries.(b) In place of the requirements in subsection (a), applicants qualifying under the Act, §451.153(a)(1) shall hold a baccalaureate or post-baccalaureate degree and one of the following:(1) current licensure, registration, or certification as an athletic trainer issued by another state, jurisdiction, or territory of the United States; or(2) current national certification as an athletic trainer issued by the Board of Certification, Inc. (BOC).(c) Applicants qualifying under the Act, §451.153(a)(2), shall have a baccalaureate or post-baccalaureate degree or a state-issued certificate in physical therapy. Applicants who hold such degrees must complete three semester hours of a basic athletic training course from an accredited college or university. An applicant shall also complete an apprenticeship in athletic training meeting the following requirements.(1) The program shall be a minimum of 720 hours. It must be based on the academic calendar and must be completed during at least three fall and/or spring semesters. The hours must be under the direct supervision of a college or university's Texas licensed athletic trainer or if out-of-state, the college or university's certified or state-licensed athletic trainer. The apprenticeship includes a minimum of 360 hours per year. Hours in the classroom do not count toward apprenticeship hours.(2) A semester includes pre-season practice sessions. The apprenticeship must offer work experience in a variety of sports.(3) The apprenticeship must be completed in a college or university's intercollegiate sports program. A maximum of 240 hours of the 720 hours may be earned at an affiliated setting which the college or university's athletic trainer has approved. An affiliated setting may be any setting where athletic training takes place. No more than 120 hours may be earned at one affiliated setting.(d) In place of the requirements in subsections (a) and (b), an applicant qualifying under the Act, §451.153(a)(1), shall have a baccalaureate or post-baccalaureate degree in athletic training from a college or university, which held accreditation, during the applicant's matriculation at the college or university and at the time the degree was conferred, from a nationally recognized accrediting organization that is approved by the department.(e) Certification required. An applicant must have:(1) current certification in the techniques of professional rescuer cardio-pulmonary resuscitation and the use of an automated external defibrillator; or(2) current certification for Emergency Medical Services (EMS) with the Department of State Health Services or its successor agency.(f) Each applicant must have a baccalaureate or post-baccalaureate degree from a college or university, which held accreditation, at the time the degree was conferred, from a regional educational accrediting association that is approved by the department.(g) The relevance to the licensing requirements of academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs or bulletins or by other means acceptable to the department.(h) The department shall not accept courses, which an applicant's transcript indicates, were not completed with a passing grade for credit.", "sourceNote": "Source Note: The provisions of this §110.21 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective July 1, 2018, 43 TexReg 3881; amended to be effective August 1, 2020, 45 TexReg 5171; amended to be effective September 1, 2024, 49 TexReg 6453." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178240", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.22", "label": "Athletic Training Student Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200481", "queryAsDate": "03/11/2026" }, "ruleBody": "An athletic training student performing the activities of an athletic trainer will not be in violation of the act if the student is performing:(1) as part of the athletic training apprenticeship hours described in §110.21; or(2) as follows:(A) the student's supervising college or university licensed athletic trainer has approved, referred, sent, or directed the student to a setting other than with the student's school's intercollegiate athletes;(B) the setting is with another college or university, a high school, a professional athletic team, or a health care clinic; and(C) the student is directly supervised in the setting by a licensed athletic trainer, licensed physician or licensed physical therapist.(3) Hours which fall under paragraph (2), shall not be counted as apprenticeship hours unless the hours meet the requirements of §110.21.(4) For the purposes of this section, supervision means daily, direct, and immediate communication.(5) An athletic training student who has graduated, shall not accumulate apprenticeship hours at the same college, university, high school, professional athletic team, or health care clinic at which the athletic training student is employed. In cases where an athletic training student is employed by a school, the athletic training student shall not accumulate apprenticeship hours at a setting within the same school.", "sourceNote": "Source Note: The provisions of this §110.22 adopted to be effective October 1, 2016, 41 TexReg 4435." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200481", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.23", "label": "Examination for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225217", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall offer examinations at least two times a year at times and at places established and announced by the department.(b) The examination required under the Act, §451.156 consists of a written examination, a practical examination, and a jurisprudence examination prescribed by the department.(1) An applicant must pass the written examination prior to taking the practical examination.(2) An applicant must complete the jurisprudence examination no more than six months prior to the date of application.(3) The written examination may test subject areas including, but not limited to:(A) injury and illness prevention and wellness promotion;(B) examination and assessment;(C) immediate and emergency care;(D) therapeutic intervention; and(E) healthcare administration and professional responsibility.(c) An applicant is eligible for examination if the applicant meets one of the following three options:(1) the applicant:(A) is within 30 semester hours of graduation;(B) has completed or is currently pre-registered or enrolled in the courses listed in §110.21; and(C) has completed at least 1,300 hours of the required 1,800 hours and the apprenticeship program is in progress;(2) the applicant is currently enrolled in, and within two semesters of graduating from, an athletic training program at a college or university which holds accreditation from a nationally recognized accrediting organization that is approved by the department, if the applicant qualifies under the Act, §451.153(a)(1); or(3) the applicant has completed at least 600 hours of the required 720 hours and the apprenticeship program is in progress, if the applicant qualifies under the Act, §451.153(a)(2) or (a)(3).(d) The department shall review all applications prior to the examination. An applicant meeting the requirements of subsection (c) or of §110.21 shall be approved to take the examination.(e) The department shall notify an applicant whose application has been approved for examination. Applications which are received incomplete or late may cause the applicant to miss the examination registration deadline.(f) Examinations shall be graded by the department's designee.(g) The department's designee shall notify each applicant of the results of the examination within 30 days of the date of the examination.(h) The following procedures relate to applicants who fail the examination prescribed by the department.(1) An applicant who fails the examination may take a subsequent examination after paying the examination fee.(2) The department will make available a copy of the department's policy concerning examination review to an applicant who fails an examination.(i) An applicant who fails to take the examination within a period of two years after the initial examination approval notice sent by the department, shall have such approval withdrawn and the application for licensure voided.(j) An applicant who has failed the state examination described in subsections (a) - (l), must successfully complete that examination in order to be issued a license. If the application has been voided as described in subsection (i), the person shall submit a new application, and the provisions of subsection (m) shall apply.(k) Applicants who have passed the examination and do not have a degree, will have 90 days from their graduation date to submit all documents and fees necessary to show compliance with this chapter and complete the licensing procedure. If the application process is not completed within 90 days of the graduation date, the applicant shall be required to file a new application and retake the examination successfully in order to qualify for licensure.(l) A first-time applicant must apply for examination within five years from the date on which the applicant's qualifying degree was conferred or the apprenticeship was completed, whichever is later. An applicant may submit an application after this time period upon successful completion of remedial coursework or apprenticeship, as approved by the department.(m) If an applicant has successfully completed the examination administered by the Board of Certification, Inc. (BOC), the applicant shall not be required to complete the state examination described in subsections (a) - (l). The applicant must furnish to the department a copy of the test results indicating that the applicant passed the examination.", "sourceNote": "Source Note: The provisions of this §110.23 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective July 1, 2018, 43 TexReg 3881; amended to be effective August 1, 2020, 45 TexReg 5171." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225217", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.24", "label": "License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202755", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licenses are valid for two years from the date of issuance.(b) A licensee must renew the license on or before the expiration date or pay a late renewal fee.(c) For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(d) Expiration of license.(1) A person whose license has expired may not hold himself or herself out as an athletic trainer; imply that he or she has the title of \"licensed athletic trainer,\" \"athletic trainer\" or \"sports trainer,\" or use \"LAT,\" \"AT,\" or \"LATC\" or any facsimile of those titles in any manner.(2) A person whose license has expired may not perform the activities of an athletic trainer.(e) To renew a license, a licensee must affirm that the licensee will provide all athletic training under the direction of a licensed physician or another qualified, licensed health professional who is authorized to refer for health care services within the scope of the person's license, and that this direction will be in writing and kept current through a physician-delegated authority document.", "sourceNote": "Source Note: The provisions of this §110.24 adopted to be\r\neffective October 1, 2016, 41 TexReg 4435; amended to be effective\r\nJanuary 15, 2021, 46 TexReg 300; amended to be effective June 1, 2025,\r\n50 TexReg 3125." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202755", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.25", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225218", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a license, a licensee must complete 40 clock-hours of continuing education during each license term.(1) The continuing education must include two clock-hours of training in concussion management.(2) In addition to the number of continuing education clock-hours required under this subsection, a licensee must also show proof of current Emergency Cardiac Care certification at the Basic Life Support for Healthcare Providers/Professional Rescuers and Healthcare Providers level or beyond, which shall be maintained throughout each license term.(b) Continuing education taken by a licensee for renewal shall be acceptable if the experience falls in one or more of the following categories:(1) academic courses at a regionally accredited college or university related to sports medicine;(2) clinical courses related to athletic training and/or sports medicine;(3) in-service educational programs, training programs, institutes, seminars, workshops and conferences in sports medicine or athletic training;(4) instructing or presenting education programs or activities without compensation at an academic course, in-service educational programs, training programs, institutes, seminars, workshops and conferences in athletic training or sports medicine, not to exceed five clock-hours each continuing education period;(5) publishing a book or an article in a peer review journal relating to athletic training or sports medicine, not to exceed five clock-hours each continuing education period;(6) serving as a skills examiner at the state licensure examination, not to exceed one clock-hour of continuing education credit for each examination date for a maximum of four clock-hours of credit each continuing education period;(7) successful completion of an online or distance education program in athletic training or sports medicine; or(8) a human trafficking prevention training course approved by the Health and Human Services Commission in accordance with Occupations Code, Chapter 116.(c) Continuing education experience shall be credited as follows:(1) Completion of course work at or through an accredited college or university shall be credited for each semester hour on the basis of two clock-hours of credit for each semester hour successfully completed for credit or audit, as evidenced by a certificate of successful completion or official transcript.(2) Parts of programs which meet the criteria of subsection (b)(2), (3), or (8), shall be credited on a one-for-one basis, with one clock-hour of credit for each clock-hour spent in the continuing education experience.(3) Successful completion of courses described in subsection (b)(7), is evidenced by a certificate of completion presented by the sponsoring organization of the online or distance education program.(4) Approval by the department must be obtained for each continuing education program as described in subsections (b)(1) - (7), unless continuing education credit is granted by a national, regional or state health care professional association.(5) Successful completion of courses related to athletic training and/or sports medicine as described in subsection (b)(2) and (3), is evidenced by a certificate of completion or attendance that is issued by the sponsoring organization of the course.(d) Requests for approval of continuing education experience should address the following criteria:(1) relevance of the subject matter to increase or support the development of skill and competence in athletic training;(2) objectives of specific information or skill to be learned;(3) subject matter, educational methods, materials, and facilities utilized, including the frequency and duration of sessions and the adequacy to implement learner objectives; and(4) sponsorship and leadership of programs; including the name of the sponsoring individual(s) or organization(s), and program leaders or faculty, if different from sponsors and contact person.(e) The department shall employ an audit system for continuing education reporting. The license holder shall be responsible for maintaining a record of his or her continuing education experiences. The certificates, diplomas, or other documentation verifying earning of continuing education hours are not to be forwarded to the department at the time of renewal, unless the license holder has been selected for audit.(f) The audit process shall be as follows:(1) The department shall select for audit a random sample of license holders for each renewal month. License holders will be notified of the continuing education audit when they receive their renewal documentation.(2) If selected for an audit, the licensee shall submit copies of certificates, transcripts or other documentation satisfactory to the department, verifying the licensee's attendance, participation and completion of the continuing education. All documentation must be provided at the time of renewal.(3) Failure to timely furnish this information or providing false information during the audit process or the renewal process are grounds for disciplinary action against the license holder.(4) A licensee who is selected for a continuing education audit may renew through the online renewal process. However, the license will not be considered renewed until the required continuing education documents are received, accepted and approved by the department.(5) Licenses will not be renewed until continuing education requirements have been met.(g) The department may not grant continuing education credit to any licensee for:(1) education incidental to the regular professional activities of a licensee, such as learning occurring from experience or research;(2) professional organization activity, such as serving on committees or councils or as an officer;(3) any continuing education activity completed before or after the period of time described in subsection (a); or(4) performance of duties that are routine job duties or requirements.", "sourceNote": "Source Note: The provisions of this §110.25 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective July 1, 2018, 43 TexReg 3881; amended to be effective January 15, 2021, 46 TexReg 300." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225218", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.30", "label": "Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225219", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A temporary license may be issued to an individual who:(1) meets the educational and apprenticeship requirements of this chapter; and(2) has passed the written examination.(b) The temporary license entitles an applicant to perform the activities of an athletic trainer until the last day of the month of the next scheduled practical examination.(c) Except as provided in subsection (d), an applicant shall not be eligible for another temporary license after the initial temporary license is issued.(d) A person who was licensed as an athletic trainer but is no longer eligible to late renew the license, may be eligible for a temporary license upon submission and approval of a new application for licensure. The expiration of a temporary license issued under this subsection will be in accordance with subsection (b).", "sourceNote": "Source Note: The provisions of this §110.30 adopted to be\r\neffective October 1, 2016, 41 TexReg 4435; amended to be effective\r\nJuly 1, 2018, 43 TexReg 3881; amended to be effective August 1, 2020,\r\n45 TexReg 5171; amended to be effective June 1, 2025, 50 TexReg 3125." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225219", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.70", "label": "Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An athletic trainer, when carrying out the practice of athletic training in accordance with §451.001(3) of the Act, shall work under the direction of a licensed physician or another qualified, licensed health professional, who is authorized to refer for health care services within the scope of the person's license.(1) The athletic trainer must obtain their physician-delegated authority document before practicing.(2) A physical copy of the physician-delegated authority document must be kept on file with the athletic trainer's license or current license identification card. Both documents must be made available for inspection upon request.(3) The physician-delegated authority document must include the name, phone number, physical office address, and electronic mail address of the sponsoring physician. The authority document must be renewed each time the sponsoring physician changes.(b) A licensee shall not misrepresent any professional qualifications or credentials.(c) A licensee shall not make any false or misleading claims about the effectiveness of any athletic training care.(d) A licensee shall not promote or endorse products in a manner that is false or misleading.(e) A licensee shall not abuse alcohol or drugs in any manner which detrimentally affects the provision of athletic training care.(f) A licensee shall comply with the provisions of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, and the Texas Dangerous Drug Act, Health and Safety Code, Chapter 483, and any rules of the Department of State Health Services or the Texas State Board of Pharmacy, implementing those statutes.(g) A licensee shall have the responsibility of reporting violations of department rules to the department.(h) A licensee shall not present false information to the department, on any application or other document or in any investigation or disciplinary proceeding of the department.(i) A licensee shall not aid or abet the practice of an unlicensed person when that person is required to have a license under the Act.(j) A licensee shall comply with any order relating to the licensee, which is issued by the executive director or commission. (k) A licensee shall not provide health care services, which are not within the definition of \"athletic training\" in the Act, except in accordance with state and federal laws and rules applicable to the provided services including, but not limited to, Occupations Code, Chapter 157 (relating to a physician's authority to delegate certain medical acts); other licensure laws; and laws relating to the possession and distribution of controlled substances.(l) A licensee shall not receive or give a commission or rebate or any other form of remuneration for the referral of athletes for professional services.(m) A licensee shall provide athletic training services without discrimination based on race, creed, sex, religion, national origin, or age.(n) A licensee shall not violate any provision of any federal or state statute relating to confidential medical communications and/or records.(o) A licensee shall not offer professional services to a person concurrently receiving the same or similar professional services from another individual, except with the knowledge of that individual.(p) A licensee shall not engage in sexual contact or sexually exploitive behavior with a person receiving athletic training services from the licensee. Sexual contact shall mean the activities or behaviors described in the Texas Penal Code, §21.01. Sexually exploitive behavior shall mean any verbal or physical conduct that can reasonably be construed as intended to arouse or gratify the sexual desire of any person.(q) A licensee shall not use advertising that is false, misleading, or deceptive or that is not readily subject to verification. False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes advertising that:(1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading; (2) makes a representation likely to create an unjustified expectation about the results of a health care service or procedure;(3) compares a health care professional's service with another health care professional's service, unless the comparison can be factually substantiated;(4) causes confusion or misunderstanding as to the credentials, education, or licensure of a health care professional;(5) advertises or represents that health care insurance deductibles or copayments may be waived or are not applicable to health care services to be provided, if the deductibles or copayments are required;(6) advertises or represents that the benefits of a health benefit plan will be accepted as full payment, when deductibles or copayments are required;(7) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of patient; or(8) advertises or represents in the use of a professional name, a title or professional identification, that is expressly or commonly reserved to or used by another profession or professional.(r) On the written request of a client, a client's guardian, or a client's parent, if the client is a minor, a licensee shall provide, in plain language, a written explanation of the charges for athletic training services previously made on a bill or a statement for the client. This requirement applies even if the charges are to be paid by a third party.(s) Unreasonable or medically unnecessary billing is prohibited.(t) The license certificate shall be displayed in the primary office or place of employment of the licensee. In the absence of a primary office or place of employment or when the licensee is employed in multiple locations, the licensee shall carry a current license identification card.(u) Neither the licensee nor anyone else, shall display a photocopy of a license certificate or carry a photocopy of a license identification card in lieu of the original document.(v) Neither the licensee nor anyone else, shall make any alteration on a license certificate or identification card issued by the department.(w) The licensee shall notify the department of changes in name or preferred mailing address within thirty (30) days of such change.(x) A licensee may not violate any provision of the Act or this chapter.(y) A person may not hold himself or herself out as an athletic trainer or perform any of the duties of an athletic trainer as defined in the Act, unless the person holds an appropriate license issued under the Act. A person may not hold himself or herself out as an athletic trainer by implying that he or she has the title of \"licensed athletic trainer,\" \"sports trainer,\" or \"athletic trainer\" or using the letters \"LAT,\" \"LATC,\" or \"AT\" or any facsimile of those titles in any manner, unless the person holds a license issued under the Act.", "sourceNote": "Source Note: The provisions of this §110.70 adopted to be\r\neffective October 1, 2016, 41 TexReg 4435; amended to be effective\r\nAugust 1, 2020, 45 TexReg 5171; amended to be effective September\r\n1, 2024, 49 TexReg 6453; amended to be effective June 1, 2025, 50\r\nTexReg 3125." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191260", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191261", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are nonrefundable.(b) The schedule of fees is as follows:(1) initial license application fee (includes two-year license)--$160;(2) temporary license fee--$160;(3) renewal license application fee (includes two-year license)--$160; and(4) duplicate/replacement fee for licenses issued under this chapter--$25.(c) The fees for the written examination, practical examination, and the jurisprudence examination are set by and payable to the department's designee.(d) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(e) The dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).(f) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).", "sourceNote": "Source Note: The provisions of this §110.80 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective July 1, 2018, 43 TexReg 3881." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191261", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191262", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code, Chapters 51 or 451, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 51 and any associated rules.", "sourceNote": "Source Note: The provisions of this §110.90 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective July 1, 2018, 43 TexReg 3881." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191262", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "110", "label": "ATHLETIC TRAINERS" }, "rule": { "number": "§110.95", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218024", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 451 and any associated rules may be used to enforce Texas Occupations Code, Chapter 451 and this chapter.", "sourceNote": "Source Note: The provisions of this §110.95 adopted to be effective October 1, 2016, 41 TexReg 4435; amended to be effective July 1, 2018, 43 TexReg 3881." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218024", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§111.1", "label": "Authority and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226881", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter is promulgated under the authority of the Texas Occupations Code, Chapters 51 and 401, and Chapter 402 as applicable. Specific provisions within this chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, and 116.(b) In addition to this chapter, the rules under 16 TAC Chapter 60, Procedural Rules of the Commission and the Department, and 16 TAC Chapter 100, General Provisions for Health-Related Programs, are applicable to the Speech-Language Pathologists and Audiologists program.", "sourceNote": "Source Note: The provisions of this §111.1 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 16, 2024, 49 TexReg 3234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226881", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§111.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216097", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the context clearly indicates otherwise, the following words and terms must have the following meanings.(1) ABA--The American Board of Audiology.(2) ABA Certification--The certification issued to a person who meets the education and professional practice requirements established by ABA.(3) Act--Texas Occupations Code, Chapter 401, relating to Speech-Language Pathologists and Audiologists.(4) Acts--Texas Occupations Code, Chapter 401, relating to Speech-Language Pathologists and Audiologists; and Texas Occupations Code, Chapter 402, relating to Hearing Instrument Fitters and Dispensers. (5) Advisory board--The Speech-Language Pathologists and Audiologists Advisory Board.(6) ASHA--The American Speech-Language-Hearing Association. (7) ASHA CCC--ASHA Certificate of Clinical Competence. The certificate issued to a person who meets the education, examination, and clinical fellowship requirements established by ASHA.(8) Assistant in audiology--An individual licensed under Texas Occupations Code §401.312 and §111.90 of this chapter and who provides audiological support services to clinical programs under the supervision of an audiologist licensed under the Act.(9) Assistant in speech-language pathology--An individual licensed under Texas Occupations Code §401.312 and §111.60 of this chapter and who provides speech-language pathology support services under the supervision of a speech-language pathologist licensed under the Act.(10) Assistant supervision plan (for Assistants in Audiology or Speech-Language Pathology)--An agreement between a supervisor and an assistant in which the parties enter into a supervisory relationship, the supervisor agrees to assume responsibility for the assistant's activities, and the assistant agrees to perform only those activities assigned by the supervisor that are not prohibited under this chapter.(11) Audiologist--An individual who holds a license under Texas Occupations Code §401.302 and §401.304 to practice audiology.(12) Audiology--The application of nonmedical principles, methods, and procedures for measurement, testing, appraisal, prediction, consultation, counseling, habilitation, rehabilitation, or instruction related to disorders of the auditory or vestibular systems for the purpose of providing or offering to provide services modifying communication disorders involving speech, language, or auditory or vestibular function or other aberrant behavior relating to hearing loss.(13) Caseload--The number of clients served by the licensed speech-language pathologist or licensed speech-language pathology intern.(14) Client--A consumer or proposed consumer of audiology or speech-language pathology services.(15) Commission--The Texas Commission of Licensing and Regulation.(16) Department--The Texas Department of Licensing and Regulation.(17) Direct Supervision (Speech-Language Pathology and Audiology)--Real-time observation and guidance by the supervisor while a client contact or clinical activity or service is performed by the assistant or intern. Direct supervision may be performed in person or via tele-supervision as authorized and prescribed by this chapter.(18) Ear specialist--A licensed physician who specializes in diseases of the ear and is medically trained to identify the symptoms of deafness in the context of the total health of the client, and is qualified by special training to diagnose and treat hearing loss. Such physicians are also known as otolaryngologists, otologists, neurotologists, otorhinolaryngologists, and ear, nose, and throat specialists.(19) Executive director--The executive director of the department.(20) Extended recheck--Starting at 40 dB and going down by 10 dB until no response is obtained or until 20 dB is reached and then up by 5 dB until a response is obtained. The frequencies to be evaluated are 1,000, 2,000, and 4,000 hertz (Hz).(21) Fitting and dispensing hearing instruments--The measurement of human hearing by the use of an audiometer or other means to make selections, adaptations, or sales of hearing instruments. The term includes prescribing, ordering, or authorizing the use of hearing instruments, the making of impressions for earmolds to be used as a part of the hearing instruments, and providing any necessary postfitting counseling for the purpose of fitting and dispensing hearing instruments.(22) Hearing aid--Any wearable device designed for, offered for the purpose of, or represented as aiding persons with or compensating for impaired hearing. The term includes hearing instruments and over-the-counter hearing aids.(23) Hearing instrument--A prescription hearing aid as that term is defined in 21 C.F.R. Section 800.30.(24) Hearing screening--A test administered with pass/fail results for the purpose of rapidly identifying those persons with possible hearing impairment which has the potential of interfering with communication.(25) In-person--The licensee is physically present with the client while a client contact or clinical activity or service is performed. In the case of supervision, the supervisor is physically present with the assistant or intern while a client contact or clinical activity or service is performed.(26) Indirect supervision (Speech-Language Pathology and Audiology)--The supervisor performs monitoring activities or provides guidance to the assistant or intern, either of which does not occur during actual client contact by the assistant or intern or while the assistant or intern is providing a clinical activity or service. Tele-supervision may be used for indirect supervision as authorized and prescribed under this chapter.(27) Intern in audiology--An individual licensed under Texas Occupations Code §401.311 and §111.80 of this chapter and who is supervised by an individual who holds an audiology license under Texas Occupations Code §401.302 and §401.304. An intern in audiology is also referred to as a fourth-year student or an extern in the profession.(28) Intern in speech-language pathology--An individual licensed under Texas Occupations Code §401.311 and §111.40 of this chapter and who is supervised by an individual who holds a speech-language pathology license under Texas Occupations Code §401.302 and §401.304.(29) Intern supervision plan (for Interns in Speech-Language Pathology and Audiology)--An agreement between a supervisor and an intern in which the parties enter into a supervisory relationship and the supervisor agrees to assume responsibility for all services provided by the intern.(30) Over-the-counter hearing aid--The term has the meaning assigned by 21 C.F.R. Section 800.30.(31) Provisional Licensee--An individual granted a provisional license under Texas Occupations Code §401.308.(32) Sale--The term includes a lease, rental, or any other purchase or exchange for value. The term does not include a sale at wholesale by a manufacturer to a person licensed under the Act or to a distributor for distribution and sale to a person licensed under the Act.(33) Speech-language pathologist--An individual who holds a license under Texas Occupations Code §401.302 and §401.304, to practice speech-language pathology.(34) Speech-language pathology--The application of nonmedical principles, methods, and procedures for measurement, testing, evaluation, prediction, counseling, habilitation, rehabilitation, or instruction related to the development and disorders of communication, including speech, voice, language, oral pharyngeal function, or cognitive processes, for the purpose of evaluating, preventing, or modifying or offering to evaluate, prevent, or modify those disorders and conditions in an individual or a group.(35) Supervisor--An individual who holds a license under Texas Occupations Code §401.302 and §401.304 and whom the department has approved to oversee the services provided by the assigned assistant and/or intern. The term \"supervisor\" and \"department-approved supervisor\" have the same meaning as used throughout this chapter.(36) Telehealth--See definition(s) in Subchapter V, Telehealth.(37) Tele-supervision--Supervision of interns or assistants that is provided remotely using telecommunications technology.", "sourceNote": "Source Note: The provisions of this §111.2 adopted\r\nto be effective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective December 30,\r\n2021, 46 TexReg 9021; amended to be effective January 1, 2024, 48\r\nTexReg 8363; amended to be effective December 1, 2025, 50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216097", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§111.3", "label": "Over-the-Counter Hearing Aids" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190657", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in this section, this chapter does not apply to servicing, marketing, selling, dispensing, providing customer support for, acquiring, or distributing over-the-counter hearing aids.(b) A person is not required to obtain a license under this chapter to engage in an activity described by subsection (a).(c) A person may not use the title \"licensed dispenser\" or \"licensed seller\" with respect to over-the-counter hearing aids or otherwise represent that the person holds a license to sell or dispense over-the-counter hearing aids unless the person is licensed as an audiologist or audiologist intern under this chapter or as a hearing instrument fitter and dispenser under Chapter 112.(d) The supervision, prescription, order, involvement, or intervention of a person licensed in this state is not required under this chapter for a consumer to access over-the-counter hearing aids.(e) A person licensed under this chapter may service, market, sell, dispense, provide customer support for, or distribute over-the-counter hearing aids. These activities do not exempt a person licensed under this chapter from any applicable provision of this chapter unrelated to the activities in §111.3(a).", "sourceNote": "Source Note: The provisions of this §111.3 adopted to be effective January 1, 2024, 48 TexReg 8363." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190657", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "B", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD" }, "rule": { "number": "§111.10", "label": "Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:(1) three audiologist members;(2) three speech-language pathologist members; and(3) three members who represent the public.(b) Advisory board members must:(1) be from the various geographic regions of the state; and(2) be from varying employment settings.(c) The advisory board members appointed under subsections (a)(1) and (2) must:(1) have been engaged in teaching, research, or providing services in speech-language pathology or audiology for at least five years; and(2) be licensed under this chapter.(d) One of the public advisory board members must be a physician licensed in this state and certified in otolaryngology or pediatrics.", "sourceNote": "Source Note: The provisions of this §111.10 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178252", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "B", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD" }, "rule": { "number": "§111.11", "label": "Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178253", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §111.11 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178253", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "B", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD" }, "rule": { "number": "§111.12", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200484", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members are appointed for staggered six-year terms. The terms of three members expire September 1 of each odd-numbered year.(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.(c) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member.", "sourceNote": "Source Note: The provisions of this §111.12 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200484", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "B", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD" }, "rule": { "number": "§111.13", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209302", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of one year.(b) The presiding officer shall preside at all meetings at which the presiding officer is in attendance. The presiding officer of the advisory board may vote on any matter before the advisory board.", "sourceNote": "Source Note: The provisions of this §111.13 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209302", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "B", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD" }, "rule": { "number": "§111.14", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board shall meet at the call of the presiding officer of the commission or the executive director.(b) A quorum of the advisory board is necessary to conduct official business. A quorum is five members.(c) Board action shall require a majority vote of those members present and voting.", "sourceNote": "Source Note: The provisions of this §111.14 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective July 1, 2022, 47 TexReg 3674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200485", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§111.20", "label": "License Examination--General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190658", "queryAsDate": "03/11/2026" }, "ruleBody": "The examination required by the Act shall consist of a written examination and a jurisprudence examination.", "sourceNote": "Source Note: The provisions of this §111.20 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190658", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§111.21", "label": "License Examination--Written Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218025", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The written examination shall be the Speech-Language Pathology and Audiology Examination (Praxis exam), a national examination administered by the Educational Testing Service.(b) An applicant shall have a passing score as determined by the Educational Testing Service on the written examination.", "sourceNote": "Source Note: The provisions of this §111.21 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218025", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§111.23", "label": "License Examination--Jurisprudence Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226882", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall develop and administer separate jurisprudence examinations in speech-language pathology and audiology. The jurisprudence examination is used to determine an applicant's knowledge of the Act, this chapter, and any other applicable laws of this state affecting the practice of speech-language pathology or audiology.(b) The department shall revise the jurisprudence examinations as needed.(c) An applicant for licensure as a speech-language pathologist, a speech-language pathology intern, or a speech-language pathology assistant shall submit proof of successful completion of the speech-language pathology jurisprudence examination at the time of application, unless applying for an upgrade. The jurisprudence examination must be completed no more than 12 months prior to the date of licensure application.(d) An applicant for licensure as an audiologist, an audiology intern, or an audiology assistant shall submit proof of successful completion of the audiology jurisprudence examination at the time of application, unless applying for an upgrade. The jurisprudence examination must be completed no more than 12 months prior to the date of licensure application.", "sourceNote": "Source Note: The provisions of this §111.23 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020, 45 TexReg 5172; amended to be effective May 16, 2024, 49 TexReg 3234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226882", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "D", "label": "REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.30", "label": "Speech-Language Pathology License--Licensing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226883", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual must not practice as a speech-language pathologist without a current license issued by the department. An applicant for a speech-language pathology license must meet the requirements set out in the Act and this section.(b) Education. The graduate degree must be completed at a college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001, et seq.).(1) An applicant must have a master's degree in the area of communicative sciences or disorders that verifies the applicant completed the following:(A) at least 36 semester credit hours must be in professional course work acceptable toward a graduate degree; and(B) at least 24 semester credit hours acceptable toward a graduate degree must be earned in the area of speech-language pathology, including normal development and use of speech, language, and hearing; prevention evaluation, habilitation, and rehabilitation of speech, language, and hearing disorders; and related fields that augment the work of clinical practitioners of speech-language pathology;(2) A maximum of six academic semester credit hours associated with clinical experience and a maximum of six academic semester credit hours associated with a thesis or dissertation may be counted toward the 36 hours but not in lieu of the requirements of paragraph (1)(B).(3) A quarter hour of academic credit must be considered as two-thirds of a semester credit hour.(4) An applicant who possesses a master's degree with a major in audiology and is pursuing a license in speech-language pathology may apply if the applicant meets the requirements of §111.30(b)(1) and the department has an original transcript showing completion of a master's degree with a major in audiology on file and a letter from the program director or designee of the college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001, et seq.) stating that the individual completed enough hours to establish a graduate level major in speech-language pathology.(5) An applicant whose transcript is in a language other than English or whose degree was earned at a foreign university must submit an evaluation form from an ASHA-approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a master's degree or higher with a major in one of the areas of communicative sciences or disorders. The applicant must bear all expenses incurred for the evaluation.(6) An applicant who graduated from a college or university not accredited by the ASHA Council on Academic Accreditation must submit verification from ASHA stating the Council for Clinical Certification accepted the course work and clinical experience. The applicant must bear all expenses incurred for the verification.(c) Clinical Work. An applicant must complete at least 25 clock hours of supervised observation before completing the minimum of the following hours of supervised clinical direct client contact, which may be referred to as clinical practicum, with individuals who present a variety of communication disorders within an educational institution or in one of its cooperating programs: (1) 275 clock hours if the master's degree was earned prior to November 10, 1993; or(2) 350 clock hours if the master's degree was earned between November 10, 1993, and December 31, 2004; or(3) 400 clock hours if the master's degree was earned on or after January 1, 2005.(d) Internship. An applicant must have either completed an internship in which the supervised professional experience has been accomplished in speech-language pathology as set out in §111.41, or completed the ASHA-approved clinical fellowship requirements.(e) Examination. An applicant must pass the examination referenced under §111.21.", "sourceNote": "Source Note: The provisions of this §111.30 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective December 1, 2025,\r\n50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226883", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "D", "label": "REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.35", "label": "Speech-Language Pathology License--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178262", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request.(b) An applicant for a speech-language pathology license who holds or who has held the ASHA Certificate of Clinical Competence (ASHA CCC) may apply by submitting the following required documentation:(1) a completed application on a department-approved form;(2) verification of holding a current or expired ASHA CCC, which demonstrates that the applicant has met the education, experience, and written examination requirements for the license;(3) if the ASHA CCC is expired, proof of current knowledge, which may include completing at least 10 hours of continuing education or other courses within the last year or holding a current license in another state;(4) proof of successfully completing the jurisprudence examination under §111.23; and(5) the initial application fee required under §111.160. (c) An applicant for a speech-language pathology license who has never held an ASHA CCC must submit the following required documentation in a form and manner prescribed by the department:(1) a completed application on a department-approved form;(2) if not previously submitted when applying for an intern's license, a copy of the transcript(s), which shows all relevant course work and which shows the applicant possesses a minimum of a master's degree with a major in one of the areas of communicative sciences or disorders;(3) if the applicant graduated from a college or university with a program not accredited by the ASHA Council on Academic Accreditation, verification from ASHA stating the Council for Clinical Certification accepted the course work and clinical experience;(4) if the applicant's transcript is in a language other than English or the degree was earned at a foreign university, an evaluation form from an ASHA-approved transcript evaluation service stating that the applicant's degree is a master's degree or higher with a major in one of the areas of communicative sciences or disorders;(5) proof of completion of the internship in a form and manner prescribed by the department;(6) if the internship was completed out-of-state, proof of completion of the internship under a licensed supervisor or under a supervisor who held the ASHA CCC if the state does not issue licenses;(7) a copy of the Praxis Exam Score Report showing the applicant passed the examination described in §111.21;(8) proof of successfully completing the jurisprudence examination under §111.23; and(9) the initial application fee required under §111.160. (d) If not previously submitted when applying for an assistant or intern license, an applicant for a speech-language pathology license must submit a completed legible set of fingerprints, on a department-approved form, to the Department of Public Safety for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(e) Upgrade from Intern License to Full License. An applicant, who holds a current Texas intern in speech-language pathology license, may upgrade to a speech-language pathology license by submitting: (1) a completed upgrade application on a department-approved form; and(2) the required documents under subsection (c)(2), (5), (7), and (8); and(3) the initial application fee required under §111.160. (f) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.", "sourceNote": "Source Note: The provisions of this §111.35 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexReg 5172; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178262", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "D", "label": "REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.36", "label": "Speech-Language Pathology License--Issuing License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200488", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue an applicant, whose application has been approved, a license containing the licensee's name, license number, and expiration date.(b) A speech-language pathology license issued by the department remains the property of the department.(c) The department will issue a duplicate license upon written request using a department-approved form or in a manner prescribed by the department and payment of the duplicate/replacement fee under §111.160.", "sourceNote": "Source Note: The provisions of this §111.36 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200488", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "D", "label": "REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.37", "label": "Speech-Language Pathology License--License Terms; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226884", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A speech-language pathology license is valid for two years from the date of issuance and may be renewed biennially.(b) A licensee is responsible for submitting all required documentation and information and paying the renewal application fee prior to the expiration date of the license.(c) To renew a speech-language pathology license, a licensee must:(1) submit a completed renewal application on a department-approved form;(2) complete 20 hours of continuing education as required under §111.130;(3) comply with the continuing education audit process described under §111.132, if selected for an audit; and(4) submit the license renewal fee required under §111.160.(d) A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license. The department will notify the licensee if the person needs to submit new fingerprints.(e) For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(f) The department may deny the renewal of the license pursuant to Texas Occupations Code §401.451.(g) If all conditions required for renewal are met prior to expiration, the department shall issue a renewed license.(h) A person whose license has expired may late renew the license in accordance with the procedures set out under §60.31 and §60.83 of this title.(i) A person whose license has expired may not practice or engage in speech-language pathology.", "sourceNote": "Source Note: The provisions of this §111.37 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226884", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.40", "label": "Intern in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Work" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226885", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual must not practice as an intern in speech-language pathology without a current license issued by the department. An applicant for an intern in speech-language pathology license must meet the requirements under the Act and this section.(b) Education. The graduate degree must be completed at a college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001, et seq.). Programs in candidacy status are considered accredited.(1) An applicant must have a master's degree in the area of communicative sciences or disorders that verifies the applicant completed the following:(A) at least 36 semester credit hours must be in professional course work acceptable toward a graduate degree; and(B) at least 24 semester credit hours acceptable toward a graduate degree must be earned in the area of speech-language pathology including normal development and use of speech, language, and hearing; prevention evaluation, habilitation, and rehabilitation of speech, language, and hearing disorders; and related fields that augment the work of clinical practitioners of speech-language pathology;(2) A maximum of six academic semester credit hours associated with clinical experience and a maximum of six academic semester credit hours associated with a thesis or dissertation may be counted toward the 36 hours but not in lieu of the requirements of paragraph (1)(B).(3) A quarter hour of academic credit must be considered as two-thirds of a semester credit hour.(4) An applicant who possesses a master's degree with a major in audiology and is pursuing a license in speech-language pathology may apply if the department has an original transcript showing completion of a master's degree with a major in audiology on file and a letter from the program director or designee of the college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001, et seq.) stating that the individual completed enough hours to establish a graduate level major in speech-language pathology.(5) An applicant whose transcript is in a language other than English or whose degree was earned at a foreign university must submit an evaluation form from an ASHA-approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a master's degree or higher with a major in one of the areas of communicative sciences or disorders. The applicant must bear all expenses incurred for the evaluation.(6) An applicant who graduated from a college or university not accredited by the ASHA Council on Academic Accreditation must submit verification from ASHA stating the Council for Clinical Certification accepted the course work and clinical experience. The applicant must bear all expenses incurred for the verification.(c) Clinical Work. An applicant must complete at least 25 clock hours of supervised observation before completing the minimum of the following hours of supervised clinical direct client contact, which may be referred to as clinical practicum, with individuals who present a variety of communication disorders within an educational institution or in one of its cooperating programs:(1) 275 clock hours if the master's degree was earned prior to November 10, 1993; or(2) 350 clock hours if the master's degree was earned between November 10, 1993, and December 31, 2004; or(3) 400 clock hours if the master's degree was earned on or after January 1, 2005.(d) In the event the course work and clinical experience set out in subsections (b) - (c), were earned more than 10 years before the date of application for the intern license, the applicant must submit proof of current knowledge of the practice of speech-language pathology. Proof of current knowledge may include:(1) completing 10 hours of continuing education or other courses in the last year;(2) holding a current license in another state; or(3) taking and passing the written examination in the last year.(e) An applicant who successfully completed all education and clinical requirements under this section at a college or university accredited by the ASHA Council on Academic Accreditation, but who has not had the degree officially conferred, may be licensed as an intern in order to begin the internship. Verification must be submitted in a form and manner prescribed by the department, from the program director or designee verifying the applicant has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, and is awaiting the date of next graduation for the degree to be conferred.(f) A person who completed all education and clinical requirements under this section at a college or university that is not accredited by the ASHA Council on Academic Accreditation, or at a foreign college or university, may not apply until the person's master's degree has been officially conferred, as evidenced on the person's transcript.", "sourceNote": "Source Note: The provisions of this §111.40 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective December 1, 2025,\r\n50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226885", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.41", "label": "Intern in Speech-Language Pathology License--Internship and Supervision Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226886", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed intern in speech-language pathology (intern) must be supervised by a licensed speech-language pathologist who has been approved by the department to serve as the intern's supervisor (supervisor).(b) A supervisor must agree to assume responsibility for all services provided by the intern. The supervisor must comply with the requirements set out in the Act and §111.154.(c) Intern Supervision Plan. An intern must complete the supervised professional experience under an intern supervision plan. This plan must be submitted in a form and manner prescribed by the department.(1) Approval from the department shall be required prior to practice by the intern and prior to any changes in supervision.(2) An intern supervision plan must be submitted upon:(A) application for an intern license; and(B) any addition, change, or removal of supervisors.(3) If more than one speech-language pathologist agrees to supervise the intern, each supervisor must submit an intern supervision plan, in a form and manner prescribed by the department. Each supervisor must add the intern to their license.(4) The intern may not practice without an approved supervisor. The supervisor must verify that the intern appears under the supervisor's license before allowing the intern to practice.(5) If the supervisor ceases supervision of the intern, the supervisor must notify the department, in a form and manner prescribed by the department, and must inform the intern to stop practicing immediately. The supervisor is responsible for the practice of the intern until the intern is removed from the supervisor's license. The supervisor is responsible for verifying the removal.(6) If the intern's supervisor ceases supervision, the intern must stop practicing immediately. The intern may not practice until the intern has a new approved supervisor and has been added to a new supervisor's license.(d) Internship Requirements. The internship must:(1) be completed within a maximum period of 48 months once initiated;(2) be successfully completed after no more than two attempts;(3) consist of 36 weeks of full-time supervised professional experience (35 hours per week) totaling a minimum of 1,260 hours, or its part-time equivalent, of supervised professional experience in which clinical work has been accomplished in speech-language pathology. Professional experience of less than five hours per week cannot be used to meet the 36 week minimum or added to the minimum 1,260 hours, but the professional experience still must be completed under an approved supervisor;(4) involve primarily clinical activities such as assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals who exhibit communication disabilities; and(5) be divided into three segments with no fewer than 36 clock hours of supervisory activities to include:(A) six hours of direct supervision per segment by the supervisor(s) of the intern's client contact in which the intern provides screening, evaluation, assessment, habilitation, and rehabilitation; and(B) six hours of indirect supervision per segment with the supervisor(s) which may include correspondence, review of videos, evaluation of written reports, phone conferences with the intern, evaluations by professional colleagues.(e) Only hours earned under the Texas-licensed, approved supervisor(s) may count toward the internship requirements. Hours earned under a supervisor in another state do not apply toward the 36 week, 1,260 hour minimums required for licensure as a speech-language pathologist. If an intern earned hours in another state in addition to hours earned under a Texas intern license, the intern will need to obtain ASHA CCCs before applying for a speech-language pathologist license and apply under §111.35(b).(f) Evaluations. During each segment of the internship, each supervisor must conduct a formal evaluation of the intern's progress in the development of professional skills. Documentation of this evaluation shall be maintained by both parties for four years or until the speech-language pathology license is granted. A copy of this documentation shall be submitted to the department upon request.(g) Reporting Completed Internship Hours.(1) Each supervisor who supervises an intern must submit a report to the department of the hours and weeks completed under their supervision. This report must be submitted within 30 days of the date the supervision ended and submitted in a form and manner prescribed by the department.(2) If a supervisor determines that the hours and/or weeks completed under the supervisor's supervision are acceptable, the supervisor must notify the intern and affirm the acceptability of the hours to the department in a form and manner prescribed by the department.(3) If a supervisor determines that the hours and/or weeks completed under the supervisor's supervision are not acceptable, the supervisor must provide written justification to the department.(A) This justification must be based on formal evaluation of the intern's progress recorded during each segment of the internship. These formal evaluation records must be provided to the intern at the conclusion of each internship segment.(B) The justification must be submitted in a form and manner prescribed by the department. A copy of the justification must be provided to the intern upon submission.(C) The department must review the justification and determine whether to accept the hours and/or weeks submitted. If the department determines the justification is partially or wholly insufficient, the department may affirm some or all the internship hours are acceptable. (4) If no hours were earned under an approved supervisor, the intern or the approved supervisor must submit a statement, in a form and manner prescribed by the department that no hours were earned and provide the reason. This must be submitted within 30 days of the date the supervision ended.(h) Notwithstanding the supervision provisions in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.", "sourceNote": "Source Note: The provisions of this §111.41 adopted to be\r\neffective May 1, 2018, 43 TexReg 2544; amended to be effective August\r\n1, 2020, 45 TexReg 5172; amended to be effective December 30, 2021,\r\n46 TexReg 9021; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226886", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.42", "label": "Intern in Speech-Language Pathology License--Practice and Duties of Interns" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226887", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed intern in speech-language pathology (intern) must obtain supervised professional experience under the supervision of a licensed speech-language pathologist who has been approved by the department to serve as the intern's supervisor (supervisor).(b) In any professional context the intern must indicate the intern's status as a licensed speech-language pathology intern.(c) The intern must use \"Intern SLP\" or \"SLP Intern\" if the intern wishes to shorten the intern's professional title.(d) An intern who is pursuing the ASHA Clinical Fellow credential may use \"SLP-CF\" or \"CF\" in the intern's title, in addition to \"Intern SLP\", \"SLP Intern\", or the full professional title. The \"SLP-CF\" or \"CF\" credential indicator is not a substitute for the use of \"Intern SLP\", \"SLP Intern\", or the full professional title.(e) If the intern has passed the examination referenced in §111.21 and wishes to continue to practice after the completion of the internship specified in §111.41(d), the intern must apply for a speech-language pathology license under Subchapter D within 30 days of passing the examination.(f) The intern may continue to practice while awaiting the processing of the speech-language pathology license if the intern meets the following conditions:(1) holds a valid intern in speech-language pathology license; and(2) practices under the supervision of the current supervisor and remains under the approved supervisor's license.", "sourceNote": "Source Note: The provisions of this §111.42 adopted\r\nto be effective May 1, 2018, 43 TexReg 2544; amended to be effective\r\nAugust 1, 2020, 45 Texreg 5172; amended to be effective December 1,\r\n2025, 50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226887", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.45", "label": "Intern in Speech-Language Pathology License--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request.(b) An applicant for an intern in speech-language pathology license must submit the following required documentation:(1) a completed application on a department-approved form;(2) if the graduate degree has been conferred, a copy of the transcript(s), which shows all relevant coursework, and which shows the applicant possesses a minimum of a master's degree with a major in one of the areas of communicative sciences or disorders;(3) if the graduate degree has not been conferred, the university program director or designee of the college or university attended may provide verification that all course work and clinical experience required for graduation has been completed in lieu of a transcript. Course work and clinical experience verification is only accepted from the program director of a college or university accredited by the ASHA Council on Academic Accreditation, and must be submitted in a form and manner prescribed by the department;(4) if the applicant graduated from a college or university with a program not accredited by the ASHA Council on Academic Accreditation, verification from ASHA stating the Council for Clinical Certification accepted the course work and clinical experience. The applicant must bear all expenses incurred for the verification;(5) if the applicant's transcript is in a language other than English or the degree was earned at a foreign university, an evaluation form from an ASHA-approved transcript evaluation service stating that the applicant's degree is a master's degree or higher with a major in one of the areas of communicative sciences or disorders;(6) an intern supervision plan as prescribed under §111.41; (7) proof of successfully completing the jurisprudence examination under §111.23; and(8) the initial application fee required under §111.160. (c) If not previously submitted when applying for an assistant license, an applicant for an intern in speech-language pathology license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(d) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.", "sourceNote": "Source Note: The provisions of this §111.45 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexReg 5172; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.46", "label": "Intern in Speech-Language Pathology License--Issuing License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226888", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue an applicant, whose application has been approved, a license containing the licensee's name, license number, and expiration date.(b) An intern in speech-language pathology license issued by the department remains the property of the department.(c) The department will issue a duplicate license upon written request using a department-approved form or in a manner prescribed by the department and payment of the duplicate/replacement fee under §111.160.", "sourceNote": "Source Note: The provisions of this §111.46 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226888", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.47", "label": "Intern in Speech-Language Pathology License--License Terms; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226889", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §51.203(b), an intern in speech-language pathology license is valid for one year from the date of issuance and may be renewed annually, up to three times.(b) Pursuant to §111.41(d)(1), the internship must be completed within a maximum period of 48 months once initiated. Only one speech-language pathology intern license may be issued. The internship must be completed and the examination under §111.21 must be passed within the 48 month period or the speech-language pathology intern will need to apply for a speech-language pathology assistant license.(c) A licensee is responsible for submitting all required documentation and information and paying the renewal application fee prior to the expiration date of the license.(d) To renew an intern in speech-language pathology license, a licensee must:(1) submit a completed renewal application on a department-approved form;(2) complete 10 hours of continuing education as required under §111.130;(3) comply with the continuing education audit process described under §111.132, if selected for an audit;(4) submit an Intern Plan and Agreement of Supervision Form for the intern's upcoming experience unless the intern is currently not practicing. In that event, the intern must provide an explanation of the reason for not practicing; and(5) submit the license renewal fee required under §111.160. (e) A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license. The department will notify the licensee if the person needs to submit new fingerprints.(f) For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(g) The department may deny the renewal of the license pursuant to Texas Occupations Code §401.451.(h) If all conditions required for renewal are met prior to expiration, the department must issue a renewed license.(i) A person whose license has expired may late renew the license in accordance with the procedures set out under §60.31 and §60.83 of this title(j) A person whose license has expired may not practice or engage in speech-language pathology.", "sourceNote": "Source Note: The provisions of this §111.47 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexReg 5172; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226889", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.50", "label": "Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226890", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual must not practice as an assistant in speech-language pathology without a current license issued by the department. An applicant for an assistant in speech-language pathology license must meet the requirement under the Act and this section.(b) Degree. A degree must be completed at a college or university which has a program accredited by the ASHA Council on Academic Accreditation or holds accreditation or candidacy status from a recognized regional accrediting agency.(1) An applicant must hold a baccalaureate degree with an emphasis or major in communicative sciences or disorders.(2) An applicant who holds a baccalaureate degree with a major that is not in communicative sciences or disorders may qualify for the assistant license. The department must evaluate transcripts on a case-by-case basis to ensure equivalent academic preparation, which may include some leveling hours.(3) The transcripts showing the conferred degree must be evaluated as follows:(A) only course work meeting the requirements of subsection (c) will be acceptable;(B) a quarter hour of academic credit must be considered as two-thirds of a semester credit hour; and(C) academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs or bulletins or by other official means.(4) An applicant whose transcript is in a language other than English or whose degree was earned at a foreign university must submit an evaluation form from an ASHA-approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a bachelor's degree or higher with a major in one of the areas of communicative sciences or disorders. The applicant must bear all expenses incurred for the evaluation.(5) An applicant who holds a baccalaureate degree with a major not in communicative sciences or disorders and whose transcript is in a language other than English or whose degree was earned at a foreign university may qualify for the assistant license if the applicant submits documentation in a form and manner prescribed by the department that shows the applicant completed sufficient communicative sciences or disorders academic leveling courses. The academic leveling courses must be completed at a college or university which has a program accredited by the ASHA Council on Academic Accreditation or holds accreditation or candidacy status from a regional accrediting agency in the United States and approved by the department.(c) Course Work. The applicant must have acquired at least 24 semester credit hours in communicative sciences or disorders as prescribed by this subsection.(1) The applicant must have received a grade of \"C\" or above, or a passing grade if letter grades are not issued by the university, for these semester credit hours.(2) At least 18 of the 24 semester credit hours must be in speech-language pathology.(3) At least three of the 24 semester credit hours must be in language disorders.(A) These courses must cover disorders specific to phonology, morphology, syntax, pre-literacy, and/or language-based literacy skills.(B) These courses do not include introductory, survey, or overview language courses.(4) At least three of the 24 semester credit hours must be in speech disorders.(A) These courses must cover disorders specific to articulation, fluency, resonance and/or voice.(B) These courses do not include introductory, survey, or overview courses of speech.(5) A combined language and speech disorders class for three semester hours will not be credited to meet the requirements of both (c)(3) and (c)(4). The class will only be credited toward one of the requirements, but not both.(6) The 24 semester credit hours excludes course work such as special education, deaf education, or sign language.(7) The 24 semester credit hours must be academic course work and excludes courses which only offer clinical experience without a classroom component.(d) Clinical Observation and Experience. The applicant must have earned at least 25 hours of clinical observation in the area of speech-language pathology and 25 hours of clinical assisting experience in the area of speech-language pathology.(1) These hours must be obtained through an accredited college or university or in one of its cooperating programs. If these hours are not obtained, the applicant must complete the missing hours with the applicant's supervisor upon issuance of the assistant license as prescribed under subsection (e).(2) An applicant who held an assistant license in another state and completed hours for that license does not need to submit proof of completion of the 25 hours of clinical observation and 25 hours of clinical assisting experience.(e) An applicant who has not acquired the required hours under subsection (d) must complete the hours under 100% direct supervision by the approved supervisor once the license is issued and before the assistant may begin to practice.(1) The licensed speech-language pathologist who will provide the applicant with the training to acquire these hours must meet the requirements set out in the Act and §111.154, must be the approved supervisor of the assistant, and must have the assistant complete any missing hours under 100% direct supervision before allowing the assistant to practice without 100% direct supervision.(2) If the assistant changes supervisors before completing the missing clinical observation and clinical assisting experience hours, the assistant must complete the missing hours under 100% direct supervision by the new supervisor before being allowed to provide services under the assistant license.(f) In the event the degree, course work, or clinical observation and experience set out in this section were earned more than 10 years before the date of application for the assistant license, the applicant must submit proof of current knowledge of the practice of speech-language pathology to be evaluated by the department. Proof of current knowledge may include: completing at least 10 hours of continuing education or other courses within the last year; or holding a current license in another state.(g) An assistant may not begin to perform any duties until the license has been issued and all missing clinical observation and clinical assisting experience hours are complete, if applicable.", "sourceNote": "Source Note: The provisions of this §111.50 adopted to be\r\neffective December 1, 2025, 50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226890", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.51", "label": "Assistant in Speech-Language Pathology License--Supervision Requirements." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226891", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed assistant in speech-language pathology (assistant) must be supervised by a licensed speech-language pathologist who has been approved by the department to serve as the assistant's supervisor (supervisor).(b) A supervisor must agree to assume responsibility for all services provided by the assistant. The supervisor must comply with the requirements set out in the Act and §111.154.(c) Assistant Supervision Plan. An assistant must practice under an assistant supervision plan. This plan must be submitted in a form and manner prescribed by the department.(1) Approval from the department must be required prior to practice by the assistant and prior to any changes in supervision.(2) An assistant supervision plan must be submitted upon:(A) application for an assistant license; and(B) any addition, change, or removal of supervisors.(3) If more than one speech-language pathologist agrees to supervise the assistant, the assistant must submit an assistant supervision plan for each supervisor, in a form and manner prescribed by the department. Each supervisor must add the assistant to their license.(4) The assistant may not practice without an approved supervisor. The supervisor must verify that the assistant appears under the supervisor's license before allowing the assistant to practice.(5) The assistant must only provide services for the caseload of the assistant's current, approved supervisor(s).(6) If the supervisor ceases supervision of the assistant, the supervisor must notify the department, in a form and manner prescribed by the department, and must inform the assistant to stop practicing immediately. The supervisor is responsible for the practice of the assistant until the assistant is removed from the supervisor's license. The supervisor is responsible for verifying the removal.(7) If the assistant's supervisor ceases supervision, the assistant must stop practicing immediately. The assistant may not practice until the assistant has a new approved supervisor and has been added to a new supervisor's license.(d) The supervisor must assign duties and provide appropriate supervision to the assistant.(e) Direct supervision of the assistant may only occur when the assistant provides services to existing clients or while the assistant provides services to cases previously delegated to the assistant. The supervisor may not make temporary, short-term assignments from the supervisor's caseload to the assistant in order to fulfill direct supervision requirements.(f) Client Contacts.(1) Initial contacts directly with the client must be conducted by the supervisor.(2) Following the initial contact, the supervisor must determine whether the assistant has the competence to perform specific duties before delegating tasks.(g) Amount and Type of Supervision. Each supervisor must provide a minimum of eight hours per calendar month of supervision to the assistant. This subsection applies whether the assistant is employed full-time or part-time.(1) At least four hours must be direct supervision.(2) The remaining hours may be performed using indirect supervision.(3) If fewer than four weeks are worked in a calendar month, then the number of hours of supervision provided will be based on the number of weeks worked. Two hours of supervision must be provided for each week worked, including one hour of direct supervision and one hour of indirect supervision.(4) Tele-supervision may be used for direct and indirect supervision.(5) When determining the amount and type of supervision, the supervisor must consider the skill and experience of the assistant as well as the services to be provided. The supervision hours established in this subsection may be exceeded as determined by the supervisor.(h) Delegating Clinical Tasks.(1) The supervisor may delegate specific clinical tasks to an assistant; however, the responsibility to the client for all services provided cannot be delegated.(2) The supervisor must ensure that all services are documented and provided in compliance with the Act and this chapter.(3) The supervisor must:(A) in writing, determine the skills and assigned tasks the assistant is able to carry out under §111.52. This document must be agreed upon by the assistant and the supervisor;(B) notify the client or client's legal guardian(s) that services will be provided by a licensed assistant;(C) develop the client's treatment program in all settings and review it with the assistant who will provide the service; and(D) maintain responsibility for the services provided by the assistant.(i) Admission, Review, and Dismissal Meetings. The supervisor, prior to an Admission, Review and Dismissal (ARD) meeting, must:(1) notify the parents of students with speech impairments that services will be provided by the assistant and that the assistant will represent Speech Pathology at the ARD;(2) develop the student's new Individual Education Program (IEP) goals and objectives and review them with the assistant; and(3) maintain undiminished responsibility for the services provided and the actions of the assistant.(j) Records. The supervisor must maintain the following records.(1) The supervisor must maintain for a period of three years supervisory records that verify regularly scheduled monitoring, assessment, and evaluation of the assistant's and client's performance. Such documentation may be requested by the department.(2) The supervisor must keep job descriptions and performance records of the assistant. Records must be current and made available upon request to the department.(k) Supervision Audits. The department may audit a random sampling of assistants for compliance with this section and §111.154. (1) The department must notify the assistant and the supervisor in a form and manner prescribed by the department that the assistant has been selected for an audit.(2) Upon receipt of an audit notification, the assistant and the supervisor must provide in a form and manner prescribed by the department the requested proof of compliance to the department.(3) The assistant and the supervisor must comply with the department's request for documentation and information concerning compliance with the audit.(l) Notwithstanding the supervision provisions in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.", "sourceNote": "Source Note: The provisions of this §111.51 adopted to be\r\neffective May 1, 2018, 43 TexReg 2544; amended to be effective December\r\n30, 2021, 46 TexReg 9021; amended to be effective December 1, 2025,\r\n50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226891", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.52", "label": "Assistant in Speech-Language Pathology License--Practice and Duties of Assistants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226892", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed assistant in speech-language pathology (assistant) must perform assigned duties under the supervision of a licensed speech-language pathologist who has been approved by the department to serve as the assistant's supervisor (supervisor).(b) The assistant may execute specific components of the clinical speech, language, and/or hearing program if the supervisor:(1) determines that the assistant has received the training and has the skill to accomplish that task; and(2) provides sufficient supervision to ensure appropriate completion of the task assigned to the assistant.(c) Duties that a supervisor may assign to an assistant, who has received appropriate training, include the following:(1) conduct or participate in speech, language, and/or hearing screening;(2) implement the treatment program or the Individual Education Program (IEP) designed by the supervisor;(3) provide carry-over activities which are the therapeutically designed transfer of a newly acquired communication ability to other contexts and situations;(4) collect data;(5) act as translator;(6) administer routine tests if the test developer does not specify a graduate degreed examiner and the supervisor has determined the assistant is competent to perform the test;(7) maintain clinical records;(8) prepare clinical materials;(9) prepare and create daily notes that do not require a supervisor's signature and are not related to billing;(10) participate with the supervisors' research projects, staff development, public relations programs, or similar activities as designated and supervised by the supervisor; and(11) write lesson plans based on the therapy program developed by the supervisor. The lesson plans must be reviewed and approved by the supervisor.(d) The assistant must not:(1) work with any cases that are not assigned to the supervisor's caseload; (2) conduct evaluations; (3) interpret results of routine tests; (4) interpret observations or data into diagnostic statements, clinical management strategies, or procedures; (5) represent speech-language pathology at staffing meetings or at an Admission, Review and Dismissal (ARD) meeting, except as specified in this section; (6) attend staffing meeting or ARD without the supervisor being present except as specified in this section; (7) design or alter a treatment program or Individual Education Program (IEP); (8) determine case selection; (9) present written or oral reports of client information, except as provided by this section; (10) refer a client to other professionals or other agencies; (11) use any title which connotes the competency of a licensed speech-language pathologist; (12) practice as an assistant without an approved supervisor; (13) perform invasive procedures; (14) screen or diagnose clients for feeding and swallowing disorders; (15) use a checklist or tabulated results of feeding or swallowing evaluations; (16) demonstrate feeding or swallowing strategies or precautions to clients, family, or staff;(17) provide client or family counseling; or(18) sign any formal document relating to the reimbursement for or the provision of speech-language pathology services without the supervisor's signature.(e) An assistant may represent special education and speech pathology at the Admission, Review, and Dismissal (ARD) meetings with the following stipulations:(1) The assistant must have written documentation of approval from the supervisor.(2) The assistant must have three years of experience as an assistant in the school setting.(3) The assistant may attend, with written approval of the supervisor, a student's annual review ARD meeting if the meeting involves a student for whom the assistant provides services. If an assistant attends a meeting as provided by this rule, the supervisor is not required to attend the meeting. A supervisor must attend an ARD meeting if the purpose of the meeting is to develop a student's initial Individual Education Program (IEP) or if the meeting is to consider the student's dismissal, unless the supervisor has submitted the supervisor's recommendation in writing on or before the date of the meeting. (4) The assistant must present IEP goals and objectives that have been developed by the supervisor and reviewed with the parent by the supervisor.(5) The assistant must discontinue participation in the ARD meeting and shall contact the supervisor when questions or changes arise regarding the IEP document.(f) In any professional context the assistant must indicate the assistant's status as a speech-language pathology assistant.(g) Licensed assistants must use \"Assistant SLP\" or \"SLP Assistant\" to shorten their professional title. Licensed assistants may not use \"SLP-A\" or \"STA.\"(h) Licensed assistants who have earned their ASHA Speech-Language Pathology Assistant certification may use \"C-SLP Assistant\" in the assistant's title, in addition to Assistant SLP, SLP Assistant, or the full professional title. The \"C-SLP Assistant\" credential indicator is not a substitute for the use of the \"Assistant SLP\", \"SLP Assistant\", or the full professional title.", "sourceNote": "Source Note: The provisions of this §111.52 adopted to be\r\neffective May 1, 2018, 43 TexReg 2544 ; amended to be effective August\r\n1, 2020, 45 TexReg 5172; amended to be effective December 1, 2025,\r\n50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226892", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.55", "label": "Assistant in Speech-Language Pathology License--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request.(b) An applicant for an assistant in speech-language pathology license must submit the following required documentation:(1) a completed application on a department-approved form;(2) an assistant supervision plan as prescribed under §111.51; (3) a copy of the transcript(s), which shows the 24 semester credit hours of required course work and which shows the applicant possesses a baccalaureate degree with an emphasis in communicative sciences or disorders or a baccalaureate degree that qualifies under §111.50(c); (4) if the applicant's transcript is in a language other than English or the degree was earned at a foreign university, the applicant must submit an evaluation form from an ASHA-approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a bachelor's degree or higher. The applicant must bear all expenses incurred for the evaluation. If the degree is not in communicative sciences, the applicant must also meet the requirements of §111.50(b)(5);(5) verification of 25 hours of clinical observation and 25 hours of clinical assisting experience from the university program director or designee of the college or university training program showing the applicant completed the requirements set out in §111.50(d), if any hours were earned;(6) for an applicant who did not obtain the hours referenced in paragraph (5), the missing hours must be completed under direct supervision by the approved supervisor upon license issuance;(7) proof of successfully completing the jurisprudence examination under §111.23; and(8) the initial application fee required under §111.160. (c) An applicant for an assistant in speech-language pathology license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(d) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.", "sourceNote": "Source Note: The provisions of this §111.55 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexReg 5172; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178270", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.56", "label": "Assistant in Speech-Language Pathology License--Issuing License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue an applicant, whose application has been approved, a license containing the licensee's name, license number, and expiration date.(b) An assistant in speech-language pathology license issued by the department remains the property of the department.(c) The department will issue a duplicate license upon written request using a department-approved form or in a manner prescribed by the department and payment of the duplicate/replacement fee under §111.160.", "sourceNote": "Source Note: The provisions of this §111.56 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200494", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE" }, "rule": { "number": "§111.57", "label": "Assistant in Speech-Language Pathology License--License Terms; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226893", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An assistant in speech-language pathology license is valid for two years from the date of issuance and may be renewed biennially.(b) A licensee is responsible for submitting all required documentation and information and paying the renewal application fee prior to the expiration date of the license.(c) To renew an assistant in speech-language pathology license, a licensee must:(1) submit a completed renewal application on a department-approved form;(2) complete twenty (20) hours of continuing education as required under §111.30;(3) comply with the continuing education audit process described under §111.32, if selected for an audit;(4) submit, in a manner prescribed by the department, a Supervisory Responsibility Statement Form or information from each supervisor unless the assistant is currently not practicing or the supervisor(s) has not changed; and(5) submit the license renewal fee required under §111.160.(d) A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license. The department will notify the licensee if the person needs to submit new fingerprints.(e) For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(f) The department may deny the renewal of the license pursuant to Texas Occupations Code §401.451.(g) If all conditions required for renewal are met prior to expiration, the department shall issue a renewed license.(h) A person whose license has expired may late renew the license in accordance with the procedures set out under §60.31 and §60.83 of this title.(i) A person whose license has expired may not practice or engage in speech-language pathology.", "sourceNote": "Source Note: The provisions of this §111.57 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226893", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "H", "label": "REQUIREMENTS FOR AUDIOLOGY LICENSE" }, "rule": { "number": "§111.70", "label": "Audiology License--Licensing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226894", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual must not practice as an audiologist without a current license issued by the department. An applicant for the audiology license must meet the requirements set out in the Act and this section.(b) Education. The doctoral degree in audiology or a related hearing science shall be completed at a college or university that has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001 et seq.).(c) An applicant whose transcript is in a language other than English or whose degree was earned at a foreign university must submit an evaluation form from an ASHA-approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a doctoral degree in audiology or a related hearing science. The applicant must bear all expenses incurred for the evaluation.(d) An applicant who graduated from a college or university program not accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001 et seq.) must have the ASHA Council for Clinical Certification evaluate the course work to determine whether the applicant qualified for the Certificate of Clinical Competence. The applicant must bear all expenses incurred for the verification.(e) Examination. An applicant must pass the examination referenced under §111.21.", "sourceNote": "Source Note: The provisions of this §111.70 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective December 1, 2025,\r\n50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226894", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "H", "label": "REQUIREMENTS FOR AUDIOLOGY LICENSE" }, "rule": { "number": "§111.75", "label": "Audiology License--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178277", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request.(b) An applicant for an audiology license who holds or has held the ASHA Certification of Clinical Competence (ASHA CCC) or ABA Certification may apply by submitting the following required documentation:(1) a completed application on a department-approved form;(2) verification of holding a current or expired ASHA CCC or ABA Certification, which demonstrates that the applicant has met the education, supervised professional experience, and written examination requirements for the license;(3) proof of current knowledge, which may include completing at least 10 hours of continuing education or other courses within the last year or holding a current license in another state;(4) proof of successfully completing the jurisprudence examination under §111.23;(5) the initial application fee required under §111.160. (c) An applicant for an audiology license who has never held an ASHA CCC or ABA Certification must submit the following required documentation:(1) a completed application on a department-approved form;(2) a copy of the transcript(s), which shows the conferred doctoral degree in audiology or a related hearing science;(3) if the degree was not earned at an institution as described in §111.70(b), verification from the ASHA Council for Clinical Certification that the conferred doctoral degree is adequate for ASHA Certification or from the ABA that the conferred doctoral degree is adequate for ABA Certification;(4) if the applicant's transcript is in a language other than English or the degree was earned at a foreign university, an evaluation from an ASHA-approved transcript evaluation service stating that the applicant's degree is a doctoral degree in audiology or a related hearing science;(5) if the applicant currently holds a Texas intern in audiology license, proof of completion of an internship, in a form and manner prescribed by the department;(6) a copy of the Praxis Exam Score Report showing the applicant passed the examination described in §111.21;(7) proof of successfully completing the jurisprudence examination under §111.23; and(8) the initial application fee required under §111.160. (d) If not previously submitted when applying for an assistant or intern license, an applicant for an audiology license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(e) Upgrade from Intern License to Full License. An applicant, who holds a current Texas intern in audiology license, may upgrade to an audiology license by submitting:(1) a completed upgrade application on a department-approved form;(2) the required documents under subsection (c)(2), (5), (6), and (7); and(3) the initial application fee required under §111.160. (f) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.", "sourceNote": "Source Note: The provisions of this §111.75 adopted to be\r\neffective December 1, 2025, 50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178277", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "H", "label": "REQUIREMENTS FOR AUDIOLOGY LICENSE" }, "rule": { "number": "§111.76", "label": "Audiology License--Issuing License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200497", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue an applicant, whose application has been approved, a license containing the licensee's name, license number, and expiration date.(b) An audiology license issued by the department remains the property of the department.(c) The department will issue a duplicate license upon written request using a department-approved form or in a manner prescribed by the department and payment of the duplicate/replacement fee under §111.160.", "sourceNote": "Source Note: The provisions of this §111.76 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200497", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "H", "label": "REQUIREMENTS FOR AUDIOLOGY LICENSE" }, "rule": { "number": "§111.77", "label": "Audiology License--License Terms; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226895", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An audiology license is valid for two years from the date of issuance and may be renewed biennially.(b) A licensee is responsible for submitting all required documentation and information and paying the renewal application fee prior to the expiration date of the license.(c) To renew an audiology license, a licensee must:(1) submit a completed renewal application on a department-approved form;(2) complete 20 hours of continuing education as required under §111.130;(3) comply with the continuing education audit process described under §111.132, if selected for an audit; and(4) submit the license renewal fee required under §111.160.(d) A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license. The department will notify the licensee if the person needs to submit new fingerprints.(e) For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(f) The department may deny the renewal of the license pursuant to Texas Occupations Code §401.451.(g) If all conditions required for renewal are met prior to expiration, the department shall issue a renewed license.(h) A person whose license has expired may late renew the license in accordance with the procedures set out under §60.31 and §60.83 of this title.(i) A person whose license has expired may not practice or engage in audiology.", "sourceNote": "Source Note: The provisions of this §111.77 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226895", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "I", "label": "REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.80", "label": "Intern in Audiology License--Licensing Requirements--Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226896", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual must not practice as an intern in audiology without a current license issued by the department. An applicant for the intern in audiology license must meet the requirements set out in the Act and this section.(b) Education. The individual must be enrolled in a doctoral degree program in audiology or a related hearing science at a college or university that has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001 et seq.). Programs in candidacy status are considered accredited.(c) An individual who is enrolled in a college or university program not accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001 et seq.) must have the ASHA Council for Clinical Certification evaluate the course work to determine whether the applicant qualified for the Certificate of Clinical Competence. The applicant must bear all expenses incurred during the procedure.", "sourceNote": "Source Note: The provisions of this §111.80 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective December 1, 2025,\r\n50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226896", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "I", "label": "REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.81", "label": "Intern in Audiology License--Internship and Supervision Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226897", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed intern in audiology (intern) must be supervised by a licensed audiologist who has been approved by the department to serve as the intern's supervisor (supervisor).(b) A supervisor must agree to assume responsibility for all services provided by the intern. The supervisor must comply with the requirements set out in the Act and §111.154.(c) Intern Supervision Plan. An intern must complete the supervised professional experience under an intern supervision plan. This plan must be submitted in a form and manner prescribed by the department.(1) Approval from the department must be required prior to practice by the intern and prior to any changes in supervision.(2) An intern supervision plan must be submitted upon:(A) application for an intern license; and(B) any addition, change, or removal of supervisors.(3) If more than one audiologist agrees to supervise the intern, each supervisor must submit an intern supervision plan in a form and manner prescribed by the department. Each supervisor must add the intern to their license.(4) The intern may not practice without an approved supervisor. The supervisor must verify that the intern appears under the supervisor's license before allowing the intern to practice Audiology.(5) If the supervisor ceases supervision of the intern, the supervisor must notify the department, in a form and manner prescribed by the department, and must inform the intern to stop practicing immediately. The supervisor is responsible for the practice of the intern until the intern is removed from the supervisor's license. The supervisor is responsible for verifying the removal.(6) If the intern's supervisor ceases supervision, the intern must stop practicing immediately. The intern may not practice until the intern has a new approved supervisor and has been added to a new supervisor's license.(d) Internship Requirements. The internship must:(1) begin after completion of all academic course work under §111.80; and(2) consist of supervised professional experience involving primarily clinical activities such as assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals conducted under the direction of a professionally recognized accredited doctoral program as approved by the department.(e) Notwithstanding the supervision provisions in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.", "sourceNote": "Source Note: The provisions of this §111.81 adopted to be\r\neffective May 1, 2018, 43 TexReg 2544; amended to be effective August\r\n1, 2020, 45 TexReg 5172; amended to be effective December 1, 2025,\r\n50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226897", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "I", "label": "REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.82", "label": "Intern in Audiology License--Practice and Duties of Interns" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226898", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed intern in audiology (intern) must obtain supervised professional experience under the supervision of a licensed audiologist who has been approved by the department to serve as the intern's supervisor (supervisor).(b) In any professional context the intern must indicate the intern's status as a licensed intern in audiology.(c) The intern may continue to practice while awaiting the processing of the audiology license if the intern meets the following conditions:(1) holds a valid intern in audiology license; and(2) practices under the supervision of the current supervisor.", "sourceNote": "Source Note: The provisions of this §111.82 adopted\r\nto be effective May 1, 2018, 43 TexReg 2544; amended to be effective\r\nDecember 1, 2025, 50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226898", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "I", "label": "REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.85", "label": "Intern in Audiology License--Application and Eligibility Requirements." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178281", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request.(b) An applicant for an intern in audiology license must submit the following required documentation:(1) a completed application on a department-approved form;(2) verification from the university program director or designee of the college or university stating that the applicant is enrolled in a professionally recognized accredited doctoral program as approved by the department and that the applicant has completed all required academic and clinical course work;(3) an intern supervision plan submitted in a form and manner prescribed by the department;(4) proof of successfully completing the jurisprudence examination under §111.23; and (5) the initial application fee required under §111.160. (c) If not previously submitted when applying for an assistant license, an applicant for an intern in audiology license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(d) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.", "sourceNote": "Source Note: The provisions of this §111.85 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexReg 5172; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178281", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "I", "label": "REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.86", "label": "Intern in Audiology License--Issuing License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226899", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue an applicant, whose application has been approved, a license containing the licensee's name, license number, and expiration date.(b) An intern in audiology license issued by the department remains the property of the department.(c) The department will issue a duplicate license upon written request using a department-approved form or in a manner prescribed by the department and payment of the duplicate/replacement fee under §111.160.", "sourceNote": "Source Note: The provisions of this §111.86 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226899", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "I", "label": "REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.87", "label": "Intern in Audiology License--License Terms; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An intern in audiology license is valid for two years from the date of issuance and may be renewed biennially.(b) A licensee is responsible for submitting all required documentation and information and paying the renewal application fee prior to the expiration date of the license.(c) To renew an intern in audiology license, a licensee must:(1) submit a completed renewal application on a department-approved form;(2) submit an intern supervision plan for the intern's upcoming experience unless the intern is currently not practicing. In that event, the intern must provide an explanation of the reason for not practicing; and(3) submit the license renewal fee required under §111.160. (d) A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license. The department will notify the licensee if the person needs to submit new fingerprints.(e) For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(f) The department may deny the renewal of the license pursuant to Texas Occupations Code §401.451.(g) If all conditions required for renewal are met prior to expiration, the department shall issue a renewed license.(h) A person whose license has expired may late renew the license in accordance with the procedures set out under §60.31 and §60.83 of this title.(i) A person whose license has expired may not practice or engage in audiology.", "sourceNote": "Source Note: The provisions of this §111.87 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexReg 5172; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226900", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "J", "label": "REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.90", "label": "Assistant in Audiology License--Licensing Requirements--Education and Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226901", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual must not practice as an assistant in audiology without a current license issued by the department. An applicant for an assistant in audiology license must meet the requirements set out in the Act and this section.(b) An assistant in audiology must meet the following requirements:(1) reach the minimum age of 18 years old and possess a high school diploma or equivalent;(2) complete the approved 20-hour certification course from the Council for Accreditation of Occupational Hearing Conservation (CAOHC) and earn a passing score on the examination;(3) if the applicant holds a baccalaureate degree or higher in communicative sciences or disorders, the applicant does not need to complete the certification course and examination under subsection (b)(2);(4) work under an approved supervisor and an assistant supervision plan approved by the department under §111.91;(5) agree to complete a minimum of 25 hours of job-specific competency-based training to be carried out by the supervisor upon initial issuance of license; and(6) complete all training hours under the supervision of an approved supervisor.(c) An assistant may not begin to practice until all supervised training hours are complete and the license has been issued, if applicable.", "sourceNote": "Source Note: The provisions of this §111.90 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective December 1, 2025,\r\n50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226901", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "J", "label": "REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.91", "label": "Assistant in Audiology License--Supervision Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226902", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed assistant in audiology (assistant) must be supervised by a licensed audiologist who has been approved by the department to serve as the assistant's supervisor (supervisor).(b) A supervisor must agree to assume responsibility for all services provided by the assistant. The supervisor must comply with the requirements set out in the Act and §111.154.(c) A supervisor must ensure all training hours completed by the assistant are supervised.(1) Approval from the department must be required prior to practice by the assistant and prior to any changes in supervision.(2) An assistant supervision plan must be submitted upon:(A) application for an assistant license; and(B) any addition, change, or removal of supervisors.(3) If more than one audiologist agrees to supervise the assistant, each supervisor must submit an assistant supervision plan, in a form and manner prescribed by the department. Each supervisor must add the assistant to their license.(4) The assistant may not practice without an approved supervisor. The supervisor must verify that the assistant appears under the supervisor's license before allowing the assistant to practice.(5) The assistant must only provide services for the clients of the assistant's current, approved supervisors.(6) If the supervisor ceases supervision of the assistant, the supervisor must notify the department, in a form and manner prescribed by the department, and must inform the assistant to stop practicing immediately. The supervisor is responsible for the practice of the assistant until the assistant is removed from the supervisor's license. The supervisor is responsible for verifying the removal.(7) If the assistant's supervisor ceases supervision, the assistant must stop practicing immediately. The assistant may not practice until the assistant has a new approved supervisor and has been added to a new supervisor's license.(d) Assistant Supervision Plan. An assistant must practice under an assistant supervision plan. This plan must be submitted in a form and manner prescribed by the department.(e) A supervisor must assign duties and provide appropriate supervision to the assistant.(f) Client Contacts.(1) All diagnostic contacts must be conducted by the supervisor.(2) Following the initial diagnostic contact, the supervisor must determine whether the assistant has the competence to perform specific non-diagnostic and non-prohibited duties before delegating tasks as referenced in §111.92(c).(g) Amount and Type of Supervision. Each supervisor must provide a minimum of four hours per week, or sixteen hours per calendar month, of supervision to the assistant. This subsection applies whether the assistant is employed full-time or part-time.(1) At least one hour per week, or four hours per calendar month, must be direct supervision.(2) The remaining hours may be performed using indirect supervision.(3) If fewer than four weeks are worked in a calendar month, then the number of hours of supervision provided will be based on the number of weeks worked. Four hours of supervision must be provided for each week worked, including one hour of direct supervision.(4) Tele-supervision may be used for direct and indirect supervision.(5) When determining the amount and type of supervision, the supervisor must consider the skill and experience of the assistant as well as the services to be provided. The supervision hours established in this paragraph may be exceeded as determined by the supervisor.(h) Delegating Clinical Tasks.(1) Although the supervisor may delegate specific clinical tasks to an assistant, the responsibility to the client for all services provided cannot be delegated.(2) The supervisor must ensure that all services are documented and provided in compliance with the Act and this chapter.(3) The supervisor must:(A) in writing, determine the skills and assigned tasks the assistant is able to carry out under §111.92. This document must be agreed upon by the assistant and the supervisor;(B) notify the client or client's legal guardian(s) that services will be provided by a licensed assistant; and (C) maintain responsibility for the services provided by the assistant.(i) Records. The supervisor must maintain the following records.(1) Supervisory records must be maintained by the supervisor for a period of three years which verify regularly scheduled monitoring, assessment, and evaluation of the assistant's and client's performance. Such documentation may be requested by the department.(2) The supervisor must keep job descriptions and performance records. Records must be current and be made available upon request to the department.(j) Supervision Audits. The department may audit a random sampling of assistants for compliance with this section and §111.154. (1) The department must notify an assistant and the supervisor in a form and manner prescribed by the department that the assistant has been selected for an audit.(2) Upon receipt of an audit notification, the assistant and the supervisor, who agreed to accept responsibility for the services provided by the assistant, must provide the requested proof of compliance to the department in a form and manner prescribed by the department.(3) The assistant and the supervisor must comply with the department's request for documentation and information concerning compliance with the audit.(k) Notwithstanding the supervision provisions in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.", "sourceNote": "Source Note: The provisions of this §111.91 adopted to be\r\neffective May 1, 2018, 43 TexReg 2544; amended to be effective December\r\n30, 2021, 46 TexReg 9021; amended to be effective December 1, 2025,\r\n50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226902", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "J", "label": "REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.92", "label": "Assistant in Audiology License--Practice and Duties of Assistants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226903", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed assistant in audiology (assistant) must perform assigned duties under the supervision of a licensed audiologist who has been approved by the department to serve as the assistant's supervisor (supervisor). (b) The assistant may execute specific components of the clinical hearing program if the supervisor: (1) determines that the assistant has received the training and has the skill to accomplish that task; and (2) provides sufficient supervision to ensure appropriate completion of the task assigned to the assistant. (c) Duties that a supervisor may assign to an assistant, who has received appropriate training, include the following: (1) under direct supervision, conduct or participate in, hearing screening including screening otoscopy, tympanometry, otoacoustic emissions procedures and pure tone air conduction procedures, but may not diagnose hearing loss or disorders of the auditory system, or make statements of severity or implication; (2) under direct supervision, assist the audiologist with play audiometry, visual reinforcement audiometry, and tasks such as picture-pointing speech audiometry; (3) under direct supervision, assist the audiologist in the evaluation of difficult-to-test patients; (4) assist the audiologist with technical tasks for diagnostic evaluation such as preparing test rooms, attaching electrodes, and preparing patients prior to procedures; (5) maintain clinical records; (6) prepare clinical materials; (7) participate with the supervisor in research projects, staff development, public relations programs, or similar activities as designated and supervised by the supervisor; (8) maintain equipment by conducting biologic and electroacoustic calibration of audiometric equipment, perform preventative maintenance checks and safety checks of equipment; (9) explain the proper care of hearing instruments and assistive listening devices to patients; (10) maintain hearing instruments including cleaning, replacing ear mold tubing, minor hearing instrument repairs, determining need for repair, and performing biologic and electroacoustic checks of hearing instruments; (11) provide case history and/or self-assessment forms and clarify questions on the forms to patients as needed; (12) conduct basic record keeping and prepare paperwork for signature by the audiologist; (13) coordinate ear mold and hearing instrument records or repairs and other orders; (14) attach hearing aids to computers and use software to verify internal electroacoustic settings; and (15) perform other non-diagnostic duties not prohibited in subsection (d), for which the assistant has been trained and demonstrates appropriate skills, as assigned by the supervisor. (d) The assistant must not:(1) conduct aural habilitation or rehabilitation activities or therapy; (2) provide carry-over activities (therapeutically designed transfer of a newly acquired communication ability to other contexts and situations) for patients in aural rehabilitation therapy; (3) collect data during aural rehabilitation therapy documenting progress and results of therapy; (4) administer assessments during aural rehabilitation therapy to assess therapeutic progress; (5) conduct any audiological procedure that requires decision-making or leads to a diagnosis; (6) interpret results of procedures and evaluations, except for screening tests; (7) make diagnostic statements, or propose or develop clinical management strategies; (8) make ear impressions; (9) cause any substance to enter the ear canal or place any instrument or object in the ear canal for the purpose of removing cerumen or debris; (10) make any changes to the internal settings of a hearing instrument manually or using computer software; (11) represent audiology at staffing meetings or on an admission, review and dismissal (ARD) committee; (12) attend staffing meetings or ARD committee meetings without the supervisor being present; (13) design a treatment program; (14) determine case selection; (15) present written or oral reports of client information, except to the assistant's supervisor; (16) refer a client to other professionals or other agencies; (17) use any title which connotes the competency of a licensed audiologist; or (18) practice as an assistant without an approved supervisor. (e) In any professional context the assistant must indicate the assistant's status as a licensed audiology assistant. (f) A licensed assistant in audiology may not engage in the fitting, dispensing or sale of a hearing instrument under this chapter; however, a licensed assistant in audiology who is licensed under the Texas Occupations Code, Chapter 402 may engage in activities as allowed by that law and is not considered to be functioning under the person's assistant in audiology license when performing those activities.", "sourceNote": "Source Note: The provisions of this §111.92 adopted to be\r\neffective May 1, 2018, 43 TexReg 2544; amended to be effective August\r\n1, 2020, 45 TexReg 5172; amended to be effective December 30, 2021,\r\n46 TexReg 9021; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226903", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "J", "label": "REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.95", "label": "Assistant in Audiology License--Application and Eligibility Requirements." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178284", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request.(b) An applicant for an assistant in audiology license must submit the following required documentation:(1) a completed application on a department-approved form; (2) an assistant supervision plan as prescribed under §111.91; (3) certification on the application that the applicant is at least 18 years old; (4) copy of high school diploma or equivalent;(5) a copy of the Council for Accreditation of Occupational Hearing Conservation (CAOHC) certificate indicating that the applicant has completed the required CAOHC training and passed the required examination;(6) if the applicant holds a bachelor's degree or higher in communicative sciences or disorders, submit proof of degree instead of the high school diploma under subsection (b)(4) and the certificate under subsection (b)(5);(7) proof of successfully completing the jurisprudence examination under §111.23; and(8) the initial application fee required under §111.160. (c) An applicant for an assistant in audiology license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines. (d) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.", "sourceNote": "Source Note: The provisions of this §111.95 adopted to be\r\neffective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexReg 5172; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178284", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "J", "label": "REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.96", "label": "Assistant in Audiology License--Issuing License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200502", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue an applicant, whose application has been approved, a license containing the licensee's name, license number, and expiration date.(b) An assistant in audiology license issued by the department remains the property of the department.(c) The department will issue a duplicate license upon written request using a department-approved form or in a manner prescribed by the department and payment of the duplicate/replacement fee under §111.160.", "sourceNote": "Source Note: The provisions of this §111.96 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200502", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "J", "label": "REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE" }, "rule": { "number": "§111.97", "label": "Audiology Assistant License--License Terms; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178290", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An assistant in audiology license is valid for two years from the date of issuance and may be renewed biennially.(b) A licensee is responsible for submitting all required documentation and information and paying the renewal application fee prior to the expiration date of the license.(c) To renew an assistant in audiology license, a licensee must:(1) submit a completed renewal application on a department-approved form;(2) complete 20 hours of continuing education as required under §111.130;(3) comply with the continuing education audit process described under §111.132, if selected for an audit;(4) submit, in a manner prescribed by the department, a Supervisory Responsibility Statement Form or information from each supervisor unless the assistant is currently not practicing or the supervisor(s) has not changed; and(5) submit the license renewal fee required under §111.160.(d) A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license. The department will notify the licensee if the person needs to submit new fingerprints.(e) For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under the Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(f) The department may deny the renewal of the license pursuant to Texas Occupations Code §401.451.(g) If all conditions required for renewal are met prior to expiration, the department shall issue a renewed license.(h) A person whose license has expired may late renew the license in accordance with the procedures set out under §60.31 and §60.83 of this title.(i) A person whose license has expired may not practice or engage in audiology.", "sourceNote": "Source Note: The provisions of this §111.97 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178290", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "L", "label": "REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY" }, "rule": { "number": "§111.110", "label": "Dual License in Speech-Language Pathology and Audiology--Licensing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226904", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant for a dual license in speech-language pathology and in audiology as referenced in the Act shall meet the requirements set out in §111.30 and §111.70.", "sourceNote": "Source Note: The provisions of this §111.110 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226904", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "L", "label": "REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY" }, "rule": { "number": "§111.115", "label": "Dual License in Speech-Language Pathology and Audiology--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178292", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request.(b) An applicant for a dual license in speech-language pathology and audiology must submit the following required documentation: (1) all of the documentation required under §111.35 for a Speech-Language Pathology License; (2) all of the documentation required under §111.75 for an Audiology License; (3) proof of successfully completing the jurisprudence examination under §111.23; and (4) two separate initial application fees required under §111.160, or if the applicant already holds one of the licenses, the initial application fee required under §111.160 for the other license. (c) If not previously submitted when applying for a full license, assistant license, or intern license, an applicant for a dual license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety for the purpose of obtaining criminal history record information, unless the applicant has already submitted fingerprints as part of a single license. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines. (d) An applicant who holds or has held the ASHA CCC or ABA Certification must submit the certification documentation required under §111.35 and §111.75.", "sourceNote": "Source Note: The provisions of this §111.115 adopted to\r\nbe effective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexReg 5172; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178292", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "L", "label": "REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY" }, "rule": { "number": "§111.116", "label": "Dual License in Speech-Language Pathology and Audiology--Issuing License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200505", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue an applicant, whose application has been approved, a license containing the licensee's name, license number, and expiration date.(b) A dual license in speech-language pathology and audiology issued by the department remains the property of the department.(c) The department will issue a duplicate license upon written request using a department-approved form or in a manner prescribed by the department and payment of the duplicate/replacement fee under §111.160.", "sourceNote": "Source Note: The provisions of this §111.116 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200505", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "L", "label": "REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY" }, "rule": { "number": "§111.117", "label": "Dual License in Speech-Language Pathology and Audiology--License Terms; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200506", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dual license in speech-language pathology and audiology is valid for two years from the date of issuance and may be renewed biennially.(b) A licensee is responsible for submitting all required documentation and information and paying the renewal application fee prior to the expiration date of the license.(c) To renew a dual license in speech-language pathology and audiology, a licensee must:(1) submit a separate renewal application form and other documents required under §111.37 and §111.77;(2) complete 30 hours of continuing education as required under §111.130;(3) comply with the continuing education audit process described under §111.132, if selected for an audit; and(4) pay two separate license renewal fees required under §111.160.(d) A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license. The department will notify the licensee if the person needs to submit new fingerprints.(e) For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(f) The department may deny the renewal of the license pursuant to Texas Occupations Code §401.451.(g) If all conditions required for renewal are met prior to expiration, the department shall issue a renewed license.(h) A person whose license has expired may late renew the license in accordance with the procedures set out under §60.31 and §60.83 of this title.(i) A person whose license has expired may not practice or engage in speech-language pathology or audiology.", "sourceNote": "Source Note: The provisions of this §111.117 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200506", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "M", "label": "RETIRED VOLUNTARY CHARITY CARE STATUS LICENSE" }, "rule": { "number": "§111.120", "label": "Applicability of Subchapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200507", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter implements Texas Occupations Code, Chapter 112. This subchapter applies to a person who holds a license as an audiologist, an assistant in audiology, a speech-language pathologist, or an assistant in speech-language pathology, or who holds a dual license in speech-language pathology and audiology.", "sourceNote": "Source Note: The provisions of this §111.120 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200507", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "M", "label": "RETIRED VOLUNTARY CHARITY CARE STATUS LICENSE" }, "rule": { "number": "§111.121", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200508", "queryAsDate": "03/11/2026" }, "ruleBody": "As used in this subchapter:(1) Voluntary charity care--The practice or services of a licensee under this subchapter without compensation or expectation of compensation.(2) Compensation--Direct or indirect payment of anything of monetary value, except payment or reimbursement of reasonable, necessary, and actual travel and related expenses.", "sourceNote": "Source Note: The provisions of this §111.121 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200508", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "M", "label": "RETIRED VOLUNTARY CHARITY CARE STATUS LICENSE" }, "rule": { "number": "§111.122", "label": "Eligibility and Initial Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200509", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a retired voluntary charity care status license, the person must:(1) hold an active license listed under §111.120;(2) not have any pending or current disciplinary actions against the person or the person's license; and(3) not be employed, under contract, or otherwise engaged in the practice of speech-language pathology or audiology for compensation.(b) To apply for a retired voluntary charity care status license, the person must:(1) submit a completed application on a department-approved form;(2) certify in writing that the person is retired and will provide only voluntary charity care; and(3) submit any license application fee required under §111.160.(c) The person must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines. The department will notify the licensee if the person needs to submit new fingerprints.", "sourceNote": "Source Note: The provisions of this §111.122 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200509", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "M", "label": "RETIRED VOLUNTARY CHARITY CARE STATUS LICENSE" }, "rule": { "number": "§111.123", "label": "Practice and Disciplinary Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200510", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person holding a retired voluntary charity care status license:(1) may not provide speech-language pathology or audiology services for compensation; and(2) is limited to providing only those services authorized under the active license that the person held prior to holding the retired voluntary charity care status license.(b) A person holding a retired voluntary charity care status is subject to disciplinary action for:(1) a violation of the Act or the rules adopted under this chapter;(2) obtaining, or attempting to obtain, retired voluntary charity care status by submitting false or misleading information to the department; or(3) engaging in the practice of speech-language pathology or audiology for compensation.", "sourceNote": "Source Note: The provisions of this §111.123 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200510", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "M", "label": "RETIRED VOLUNTARY CHARITY CARE STATUS LICENSE" }, "rule": { "number": "§111.124", "label": "License Term; Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200511", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A retired voluntary charity care status license is valid for two years from the date of issuance and may be renewed biennially.(b) To renew a retired voluntary charity care status license, a licensee must:(1) submit a completed renewal application on a department-approved form;(2) complete the continuing education hours as required under §111.130;(3) comply with the continuing education audit process described under §111.132, if selected for an audit; and(4) submit any license renewal fee required under §111.160.(c) A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license.(d) For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(e) The department may deny the renewal of the license pursuant to Texas Occupations Code §401.451.(f) If all conditions required for renewal are met prior to expiration, the department shall issue a renewed license.(g) A person whose license has expired may late renew the license in accordance with the procedures set out under §60.31 and §60.83 of this title.(h) A person whose license has expired may not practice or engage in speech-language pathology or audiology or perform voluntary charity care.", "sourceNote": "Source Note: The provisions of this §111.124 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200511", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "M", "label": "RETIRED VOLUNTARY CHARITY CARE STATUS LICENSE" }, "rule": { "number": "§111.125", "label": "Returning to Active Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200512", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who holds a retired voluntary charity care status license and who wants to return to active status must:(1) submit a completed application on a department-approved form;(2) complete any additional hours of continuing education under §111.130 to meet the active license renewal requirements;(3) certify completion of the required continuing education hours; and(4) submit the license renewal fee for the applicable active license under §111.160.(b) A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(c) The department may require additional information, education, examinations, or training from a person who has been on retired voluntary charity care status for more than two years before returning to active status.(d) The application must be approved by the department before the person can return to active status and provide speech-language pathology or audiology services for compensation.", "sourceNote": "Source Note: The provisions of this §111.125 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200512", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "N", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "rule": { "number": "§111.130", "label": "Continuing Professional Education--Requirements and Hours" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200513", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Continuing professional education is required for the following licenses under this chapter:(1) speech-language pathology license;(2) intern in speech-language pathology license;(3) assistant in speech-language pathology license;(4) audiology license;(5) assistant in audiology license; and(6) dual license in speech-language pathology and audiology.(b) The intern in audiology license is exempt from the continuing professional education requirements.(c) A continuing education unit (CEU) is the basic unit of measurement used to credit individuals with continuing education activities for licensure. One CEU is defined as 10 clock hours of participation in an approved continuing education experience.(d) Pursuant to 16 Texas Administrative Code (TAC) Chapter 59, a continuing education hour (clock hour) shall be 50 minutes of attendance in an approved continuing education course.(e) The following minimum continuing education hours and units are required to renew a license:(1) License issued for a two-year term: 20 clock hours (two CEUs), with 2 clock hours (0.2 CEUs) in ethics;(2) Dual license in speech-language pathology and audiology (two-year term): 30 clock hours (three CEUs), with 2 clock hours (0.2 CEUs) in ethics;(3) Intern in speech-language pathology license (one-year term): 10 clock hours (1 CEUs), with 1 clock hour (0.1 CEU) in ethics;(4) Retired voluntary charity care license (two-year term): 10 clock hours (one CEUs), with 1 clock hour (0.1 CEUs) in ethics; and(5) Retired voluntary charity care license for a dual license in speech-language pathology and audiology (two-year term): 15 clock hours (1.5 CEUs), with 1 clock hour (0.1 CEUs) in ethics.(f) Continuing education hours earned before the original effective date of a license are not acceptable.(g) Earned continuing education hours exceeding the minimum requirement in a previous renewal period shall first be applied to the continuing education requirement for the current renewal period.(1) A maximum of 10 additional clock hours may be accrued during a license period to be applied to the next consecutive renewal period. Two of the 10 additional clock hours of the rollover hours may be in ethics.(2) A maximum of 15 additional clock hours may be accrued by dual speech-language pathology and audiology licensees during a license period to be applied to the next consecutive renewal period.", "sourceNote": "Source Note: The provisions of this §111.130 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective August 1, 2020, 45 Texeg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200513", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "N", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "rule": { "number": "§111.131", "label": "Continuing Professional Education--Courses and Credits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200514", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Continuing professional education shall be earned in one of the following areas:(1) basic communication processes;(2) speech-language pathology;(3) audiology;(4) ethics; or(5) an area of study related to the areas listed in paragraphs (1) - (4).(b) Any continuing education activity shall be provided by a department approved provider with the exception of activities referenced in subsection (c). A list of department approved providers shall be made available to all licensees on the department's website.(c) University or college course work completed with a grade of at least a \"C\" or for credit from an accredited college or university in the areas listed in subsection (a)(1) - (4) shall be approved for 10 continuing education hours per semester hour, with a maximum of 20 continuing education hours per course.(d) Completion of the jurisprudence examination shall count as one hour of the continuing education requirement for professional ethics per renewal period.", "sourceNote": "Source Note: The provisions of this §111.131 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200514", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "N", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "rule": { "number": "§111.132", "label": "Continuing Professional Education--Records and Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226905", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensee shall be responsible for maintaining a record of the licensee's continuing education experiences for at least three years.(b) Proof of completion of a valid continuing education experience shall include the name of the licensee, the provider of the event, the title and date of the event, and the number of continuing education hours earned. Acceptable verification shall be:(1) a letter, Continuing Education (CE) registry, or form bearing a valid signature or verification as designated by the department approved provider;(2) in the event verification referenced in paragraph (1) of this subsection cannot be obtained, the department may accept verification from the presenter of an approved event if the presenter can also provide proof that the event was acceptable to an approved provider; or(3) an original or certified copy of the university or college transcript if earned under §111.131(c).(c) The documentation, certificates, diplomas, or other documentation verifying earning of continuing education hours shall not be forwarded to the department at the time of renewal unless the department selected the licensee for audit.(d) The audit process shall be as follows.(1) The department shall select for audit a random sample of licensees for each renewal month. Licensees will be notified of the continuing education audit when they receive their renewal documentation.(2) If selected for an audit, the licensee shall submit copies of certificates, transcripts or other documentation satisfactory to the department, verifying the licensee's attendance, participation and completion of the continuing education. All documentation must be provided at the time of renewal.(3) Failure to timely furnish this information or providing false information during the audit process or the renewal process are grounds for disciplinary action against the licensee.(4) A licensee who is selected for continuing education audit may renew through the online renewal process. However, the license will not be considered renewed until required continuing education documents are received, accepted and approved by the department.(5) Licenses will not be renewed until the continuing education requirements have been met.", "sourceNote": "Source Note: The provisions of this §111.132 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226905", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "P", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§111.150", "label": "Changes of Name, Address, or Other Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218028", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee must provide a current name, address, contact telephone number, and valid email address. The licensee must notify the department of any changes within 30 days of such changes on a department-approved form or using a department-approved method.(b) A request to change the name currently on record must be submitted in writing with a copy of a divorce decree, marriage certificate, legal name change document, or social security card showing the new name. (c) To receive a duplicate license, the licensee must submit the duplicate/replacement fee required under §111.160.", "sourceNote": "Source Note: The provisions of this §111.150 adopted to\r\nbe effective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nAugust 1, 2020, 45 TexReg 5172; amended to be effective May 16, 2024,\r\n49 TexReg 3234; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218028", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "P", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§111.151", "label": "Consumer Information, Display of License, and Proof of Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178304", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall notify each client of the name, mailing address, telephone number and website of the department for the purpose of directing complaints to the department. A licensee shall display this notification:(1) on a sign prominently displayed in the primary office or place of employment of the licensee, if any; and(2) on a written document such as a written contract, a bill for service, or office information brochure provided by the licensee to a client or third party.(b) A licensee shall display the license certificate in the primary office or place of employment. In the absence of a primary office or place of employment or when the licensee is employed in multiple locations, the licensee shall carry a current license identification card.(c) A licensee shall not display a photocopy of a license certificate or carry a photocopy of an identification card in lieu of the original document. A file copy shall be clearly marked as a copy across the face of the document.(d) A licensee shall not make any alteration on a license certificate or identification card.(e) Upon request, a licensee shall provide proof of licensure to a client by showing the current license certificate, the current license identification card, or the current results of a license search on the department's website.", "sourceNote": "Source Note: The provisions of this §111.151 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020, 45 TexReg 5172; amended to be effective May 16, 2024, 49 TexReg 3234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178304", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "P", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§111.152", "label": "Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178305", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall not present false, misleading, deceptive, or non-verifiable information relating to the services of the licensee or any person supervised or employed by the licensee.", "sourceNote": "Source Note: The provisions of this §111.152 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178305", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "P", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§111.153", "label": "Recordkeeping and Billing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226906", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall maintain accurate records of professional services rendered.(b) Records must be maintained for a minimum of five consecutive years or longer as warranted.(c) Records are the responsibility and property of the entity or individual who owns the practice or the practice setting.(d) Records created as a result of treatment in a school setting shall be maintained as part of the student's permanent school record.(e) A licensee shall bill a client or a third party only for the services actually rendered in the manner agreed to by the licensee and the client or the client's authorized representative.(f) A licensee shall provide, in clear language, a written explanation of the charges for speech-language pathology and/or audiology services previously made on a bill or statement for the client upon the written request of a client, a client's guardian, or a client's parent, if the client is a minor.(g) A licensee shall comply with the Health and Safety Code §311.0025, which prohibits improper, unreasonable, or medically unnecessary billing by hospitals or health care professionals.(h) A licensee shall use current and appropriate diagnostic and procedure codes.", "sourceNote": "Source Note: The provisions of this §111.153 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226906", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "P", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§111.154", "label": "Supervision Requirements and Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218029", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee who wants to supervise an intern or assistant must meet the requirements under this section and be approved by the department.(b) Experience. A licensee must have at least two years of professional experience in providing direct client services in the area of licensure in order to supervise an intern or assistant.(1) One year of the licensee's internship may be counted toward the two years of experience.(2) The professional experience may have been obtained under a license in another state.(c) License Type. A licensee must hold the appropriate license type to supervise.(1) A supervisor of an intern in speech-language pathology must be a licensed speech-language pathologist who possesses at least a master's degree with a major in one of the areas of communicative sciences or disorders.(2) A supervisor of an assistant in speech-language pathology must be a licensed speech-language pathologist.(3) A supervisor of an intern in audiology or an assistant in audiology must be a licensed audiologist.(d) Conflicts. A licensee may not supervise an individual who is related to the licensee within the first degree of consanguinity, as determined under Government Code, Chapter 573, Subchapter B.(e) License Sanctions. A licensee may not supervise if the licensee has any current sanctions attached to the licensee's license (suspension, probated suspension, revocation, probated revocation, or any other license restrictions, terms, or conditions).(f) Supervisor Responsibilities. A supervisor of an intern or assistant must:(1) ensure that all services provided are in compliance with this chapter and the Act, such as verifying: (A) the intern or assistant holds a current license; (B) the supervisor has been approved by the department; (C) the practice and duties of the intern or assistant are appropriate; and (D) the intern or assistant is qualified to perform the procedure; (2) be responsible for all client services performed by the intern or assistant; (3) provide appropriate supervision after the department approves the intern or assistant supervision plan; and(4) comply with the following:(A) supervise no more than a total of four speech-language pathology interns and/or assistants; or(B) supervise no more than a total of four audiology interns and/or assistants.(g) Additional Supervisor Responsibilities. In addition to the provisions listed in subsection (h), a supervisor of an assistant must:(1) be responsible for evaluations, interpretation, and case management; and (2) not designate anyone other than a licensed speech-language pathologist or intern in speech-language pathology to represent speech-language pathology to an Admission, Review, and Dismissal (ARD) meetings, except as provided by §111.51 and §111.52. (h) Intern and Assistant Responsibilities. A licensed intern or assistant must abide by the decisions made by the supervisor relating to the intern's or assistant's practice and duties. If the supervisor requests that the intern or assistant violate this chapter, the Act, or any other law, the intern or assistant must refuse to do so and immediately notify the department and any other appropriate authority.", "sourceNote": "Source Note: The provisions of this §111.154 adopted to\r\nbe effective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexReg 5172; amended to be effective December 1, 2025, 50 TexReg\r\n7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218029", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "P", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§111.155", "label": "Standards of Ethical Practice (Code of Ethics)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226907", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall:(1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering level of education, training, and experience;(2) insure a safe therapy environment;(3) provide services as specified in the treatment plan, Individual Education Plan (IEP), or Individualized Family Service Plans (IFSP);(4) seek appropriate medical consultation whenever indicated;(5) seek to identify competent, dependable referral sources for clients;(6) maintain objectivity in all matters concerning the welfare of the client;(7) ensure that all equipment used is in proper working order and is properly calibrated;(8) terminate a professional relationship when it is reasonably clear that the client is not benefiting from the services being provided;(9) provide accurate information to clients and the public about the nature and of communication disorders and about the profession and the services rendered;(10) notify the department in writing of changes of name, highest academic degree granted, address, and telephone number. The department is not responsible for lost, misdirected, or undelivered mail;(11) notify the department of changes in name or mailing address within 30 days of such change(s). Notification must include the name, mailing address, and zip code, and be mailed, faxed, or sent by electronic mail to the department;(12) inform the department of violations of the Act, this code of ethics, or of any other provision of this chapter;(13) comply with any order relating to the licensee which is issued by the department;(14) report in accordance with the Family Code §261.101(b), if there is cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect by any person;(15) cooperate with the department by promptly furnishing required documents and by promptly responding to a request for information from, or a subpoena issued by, the department or the department's designee;(16) be subject to disciplinary action by the department if the licensee is issued a written reprimand, is assessed a civil penalty by a court, or has an administrative penalty imposed by the attorney general's office under the Crime Victims Compensation Act, Texas Code of Criminal Procedure, Chapter 56B;(17) comply with the Health and Safety Code, Chapter 85, Subchapter I, concerning the prevention of the transmission of HIV or Hepatitis B virus by infected health care workers; and(18) fully inform clients of the:(A) results of an evaluation within sixty (60) days, upon request;(B) nature and possible effects of the services rendered; and(C) nature, possible effects, and consequences of activities if the client is participating in research or teaching activities.(b) A licensee shall not:(1) engage in the medical treatment of speech-language and hearing disorders;(2) jeopardize a client's safety by any inattentive behavior;(3) guarantee, directly or by implication, the results of any therapeutic procedures except as follows:(A) a reasonable statement of prognosis may be made; and(B) caution must be exercised not to mislead clients to expect results that cannot be predicted from reliable evidence;(4) delegate any service requiring professional competence of a licensee to anyone not licensed for the performance of that service;(5) provide services if the services cannot be provided with reasonable skill or safety to the client;(6) provide any services which create an unreasonable risk that the client may be mentally or physically harmed;(7) engage in sexual contact, including intercourse, kissing, or fondling, with a client or an assistant, intern, or student supervised by the licensee;(8) use alcohol or drugs when the use adversely affects or could adversely affect the licensee's provision of professional services;(9) reveal, without authorization, any professional or personal information about the person served professionally, unless required by law to do so, or unless doing so is necessary to protect the welfare of the person or of the community;(10) participate in activities that constitute a conflict of professional interest which may include the following:(A) exclusive recommendation of a product that the licensee owns or has produced;(B) lack of accuracy in the performance description of a product a licensee has developed; or(C) restriction of freedom of choice for sources of services or products;(11) use the licensee's professional relationship with a client, intern, assistant, or student to promote for personal gain or profit any item, procedure, or service unless the licensee has disclosed to the client, intern, assistant, or student the nature of the licensee's personal gain or profit;(12) misrepresent the licensee's training or competence;(13) falsify records;(14) aid or abet the practice of an unlicensed person when that person is required to have a license under the Act;(15) interfere with a department investigation or disciplinary proceeding by willful misrepresentation or omission of facts to the department or the department's designee or by the use of threats or harassment against any person;(16) intentionally or knowingly offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for securing or soliciting clients or patronage for or from any health care professional;(17) endanger the health, welfare, or safety of the public; or(18) use threats, threatening behavior, or acts of violence towards clients, employees, or employers.", "sourceNote": "Source Note: The provisions of this §111.155 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective August 1, 2020, 45 TexReg 5172; amended to be effective May 16, 2024, 49 TexReg 3234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226907", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "Q", "label": "FEES" }, "rule": { "number": "§111.160", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are nonrefundable. (b) Speech Language Pathology License (including upgrade from intern license):(1) Initial application fee (includes two-year initial license)--$150. (2) Renewal application fee (for two-year license)--$100. (c) Intern in Speech Language Pathology License: (1) Initial application fee (includes one-year initial license)--$75. (2) Renewal application fee (for one year license)--$75. (d) Assistant in Speech Language Pathology License: (1) Initial application fee (includes two-year initial license)--$150. (2) Renewal application fee (for two-year license)--$100. (e) Audiology License (including upgrade from intern license): (1) Initial application fee (includes two-year initial license)--$150. (2) Renewal application fee (for two-year license)--$100. (f) Intern in Audiology License:(1) Initial application fee (includes two-year initial license)--$75.(2) Renewal application fee (for two-year license)--$75.(g) Assistant in Audiology License: (1) Initial application fee (includes two-year initial license)--$150. (2) Renewal application fee (for two-year license)--$100. (h) Dual License in Speech Language Pathology and Audiology: (1) Initial application fee (includes two-year initial license): (A) An applicant for a dual license in speech-language pathology and audiology shall submit two separate initial application fees for speech-language pathology and audiology. (B) An applicant who currently holds one license and wishes to obtain a dual license shall submit the initial application fee for the other license. (2) Renewal application fee (for two-year license): Each license must be renewed separately and fees will be determined separately. (i) Retired Voluntary Charity Care Status License: (1) Initial application fee--$0. (2) Renewal application fee--$0. (j) A duplicate/replacement fee for a license or certificate issued under this chapter is $25. (k) Late renewal fees for licenses issued under this chapter are provided under §60.83. (l) A dishonored payment fee is the fee prescribed under §60.82. (m) The fee for a criminal history evaluation letter is the fee prescribed under §60.42.", "sourceNote": "Source Note: The provisions of this §111.160 adopted to\r\nbe effective October 1, 2016, 41 TexReg 4441; amended to be effective\r\nMay 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020,\r\n45 TexRe 5172; amended to be effective May 16, 2024, 49 TexReg 3234;\r\namended to be effective December 1, 2025, 50 TexReg 7552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178307", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "R", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§111.170", "label": "Telephone Number for Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200520", "queryAsDate": "03/11/2026" }, "ruleBody": "The department shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.", "sourceNote": "Source Note: The provisions of this §111.170 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200520", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "R", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§111.171", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200521", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission has adopted rules related to handling complaints regarding standard of care pursuant to Texas Occupations Code §51.2031. These rules are located at 16 Texas Administrative Code Chapter 100.(b) A qualified person may assist the department in the review and investigation of complaints and will be immune from liability related to these activities pursuant to Texas Occupations Code §51.252.(c) The provisions regarding the confidentiality of complaint and disciplinary information are provided under Texas Occupations Code §51.254.", "sourceNote": "Source Note: The provisions of this §111.171 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 1, 2018, 43 TexReg 2544; amended to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200521", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "R", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§111.172", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200522", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code, Chapters 51 or 401, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapters 51 and 401, as applicable, and any associated rules.", "sourceNote": "Source Note: The provisions of this §111.172 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200522", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "R", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§111.173", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200523", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 401 and any associated rules may be used to enforce Texas Occupations Code, Chapter 401 and this chapter.", "sourceNote": "Source Note: The provisions of this §111.173 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200523", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "R", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§111.174", "label": "Refunds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200524", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission or executive director may order an audiologist to pay a refund to a consumer who returns a hearing instrument(s) during the 30-day trial period required by the rules adopted under Subchapter W (regarding Joint Rule Regarding the Sale of Hearing Instruments).(b) If the 30-day period ends on a Sunday or a holiday, then the 30-day period shall not expire until the next business day.(c) The licensee shall have thirty (30) days from the date of a consumer's return of the hearing instrument(s) to reimburse the consumer.(d) In the event that the licensee fails to reimburse the consumer within the prescribed period in subsection (c), then the licensee may be subject to additional penalties and/or sanctions provided for under the Act and rules.", "sourceNote": "Source Note: The provisions of this §111.174 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200524", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "R", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§111.175", "label": "Surrender of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200525", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may offer to surrender the license to the executive director. The executive director will accept the voluntary surrender of the license and void it immediately.(b) When a licensee has offered the surrender of the license after a complaint has been filed alleging violations of the Act or this chapter, and the executive director has accepted the surrender, that surrender is deemed to be the result of a formal disciplinary action.(c) A license which has been surrendered and accepted may not be reinstated; however, that person may apply for a new license in accordance with the Act and this chapter.(d) This section does not apply to a license that is subject to §111.176.", "sourceNote": "Source Note: The provisions of this §111.175 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200525", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "R", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§111.176", "label": "Automatic Denials and Revocations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218031", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall deny an application for a license, and shall revoke a license issued under Chapter 401, under the circumstances set forth in Texas Occupations Code, Chapter 108, Subchapter B.(b) A person whose application for a license has been denied, or whose license has been revoked, pursuant to Texas Occupations Code, Chapter 108, Subchapter B, may reapply or seek reinstatement as provided by that subchapter.", "sourceNote": "Source Note: The provisions of this §111.176 adopted to be effective August 1, 2020, 45 TexReg 5172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218031", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "T", "label": "SCREENING PROCEDURES" }, "rule": { "number": "§111.190", "label": "Communication Screening" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178315", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Individuals licensed under the Act may conduct communication screening.(b) Communication screening may include cursory assessments of language, speech, and cognition to determine if further testing is indicated. Formal instruments and informal observations may be used for the assessment. If the screening is not passed, a detailed evaluation is indicated.(1) The aspects of language to be screened may include phonology, morphology, syntax, semantics, and pragmatics.(2) The aspects of speech to be screened may include articulation or speech sound production, voice (including phonation and resonation), and fluency.(3) The aspects of cognition to be screened are any cognitive processes affecting communication function.(c) Language, speech, and cognition screening should be conducted in the client's dominant language and primary mode of communication.", "sourceNote": "Source Note: The provisions of this §111.190 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective May 16, 2024, 49 TexReg 3234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178315", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "T", "label": "SCREENING PROCEDURES" }, "rule": { "number": "§111.191", "label": "Hearing Screening" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218032", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Individuals licensed under the Act may participate in hearing screening.(b) Hearing screening shall be performed and interpreted as follows.(1) Use a screening level of 25 dB HL (ANSI, 1996) for pre-kindergarten and kindergarten, and 20 dB HL (ANSI, 1996) for grades 1 through 12, at the frequencies of 1,000, 2,000, and 4,000 hertz (Hz) in both ears.(2) The criterion for failure is no response at the screening level at any one frequency in either ear.(3) Screening failures shall be followed with a second pure-tone air conduction screening utilizing the same protocol within four weeks.(c) If the second pure-tone air conduction screening is failed, a recommendation shall be made for a professional evaluation by a licensed physician or a licensed audiologist. If the person screened was a minor, the recommendation shall be made to a parent or guardian.", "sourceNote": "Source Note: The provisions of this §111.191 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218032", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "T", "label": "SCREENING PROCEDURES" }, "rule": { "number": "§111.192", "label": "Newborn Hearing Screening" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216098", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Individuals licensed under the Act may participate in universal newborn hearing screening as defined by the Texas Health and Safety Code, Chapter 47.(b) Individuals licensed under this Act are subject to 25 TAC Chapter 37, regarding reporting hearing screening or audiologic outcomes to the Department of State Health Services (DSHS) through the designated electronic tracking system, and 26 TAC Chapter 350, regarding referral of children under the age of three years to Early Childhood Intervention (ECI).", "sourceNote": "Source Note: The provisions of this §111.192 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective August 1, 2020, 45 TexReg 5172; amended to be effective May 16, 2024, 49 TexReg 3234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216098", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "U", "label": "FITTING AND DISPENSING OF HEARING INSTRUMENTS" }, "rule": { "number": "§111.201", "label": "General Practice Requirements of Audiologists and Interns in Audiology Who Fit and Dispense Hearing Instruments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178319", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with the Act, a licensed audiologist or licensed intern in audiology, who fits and dispenses hearing instruments, shall:(1) adhere to the federal Food and Drug Administration regulations in accordance with 21 Code of Federal Regulations §801.422;(2) ensure that all equipment used by the licensee within the licensee's scope of practice is calibrated in compliance with the American National Standards Institute (ANSI), S3.6, 1989, Specification for Audiometers, or S3.6, 1996, Specification for Audiometers;(3) if the client is under age 18, receive a written statement before selling a hearing instrument that is signed by a licensed physician preferably one who specializes in diseases of the ear and states that the client's hearing loss has been medically evaluated during the preceding six-month period and that the client may be a candidate for a hearing instrument. A written statement is not required for clients 18 years of age or older;(4) verify appropriate fit of the hearing instrument(s), which may include real ear measures, functional gain measures, or other professionally accepted measures; and(5) use a written contract that contains the department's name, mailing address, telephone number, and Internet website address, when providing services in this state.", "sourceNote": "Source Note: The provisions of this §111.201 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective August 1, 2020, 45 TexReg 5172; amended to be effective January 1, 2024, 48 TexReg 8363." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178319", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "U", "label": "FITTING AND DISPENSING OF HEARING INSTRUMENTS" }, "rule": { "number": "§111.202", "label": "Requirements of Audiologists and Interns in Audiology Conducting Audiometric Testing for the Purpose of Fitting and Dispensing Hearing Instruments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207259", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with the Act, a licensed audiologist or licensed intern in audiology who fits and dispenses hearing instruments, shall comply with this section when testing hearing for the purpose of determining the need for amplification and the verification of the appropriate fit of hearing instrument(s).(1) Licensees must adhere to the most current American National Standards Institute (ANSI) octave band criteria for permissible ambient noise levels during audiometric testing.(2) This requirement is best met when a stationary acoustical enclosure is utilized.(3) A stationary acoustical enclosure is any fixed enclosed space in which an individual is located for the purpose of testing hearing to threshold. A stationary acoustical enclosure may also be known as an audiometric or hearing test booth, room, suite, area, or space.(4) Procedures referenced in Texas Occupations Code §401.401, should be followed when testing outside of a stationary acoustical enclosure.(A) Hearing testing that occurs in an area that does not meet the standard of a stationary acoustical enclosure for the purpose of determining the need for amplification is not considered a diagnostic or threshold measurement.(B) In the event amplification is fit and verification measures cannot be completed in a stationary acoustical enclosure, instrumentation that is minimally affected by ambient noise including but not limited to, real ear measures, shall be utilized to assure the appropriate fit of the amplification.", "sourceNote": "Source Note: The provisions of this §111.202 adopted to be effective October 1, 2016, 41 TexReg 4441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207259", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "V", "label": "TELEHEALTH" }, "rule": { "number": "§111.210", "label": "Definitions Relating to Telehealth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207260", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the context clearly indicates otherwise, the following words and terms, when used in this subchapter, shall have the following meanings.(1) Client--A consumer or proposed consumer of speech-language pathology or audiology services.(2) Client site--The physical location of the client at the time the telehealth services are being provided.(3) Facilitator--The individual at the client site who assists with the delivery of the telehealth services at the direction of the provider.(4) Provider--An individual who holds a current speech-language pathology, audiology, or dual license under Texas Occupations Code §401.302 and §401.304; an individual who holds a current speech-language pathology intern or an audiology intern license under Texas Occupations Code §401.311; or an individual who holds a current speech-language pathology assistant or audiology assistant license under Texas Occupations Code §401.312.(5) Provider site--The physical location of the provider at the time the telehealth services are provided which is distant or remote from the client site.(6) Telecommunications--Interactive communication at a distance by concurrent two-way transmission, using telecommunications technology, of information, including, without limitation, sound, visual images, and/or computer data, between the client site and the provider site, and required to occur without a change in the form or content of the information, as sent and received, other than through encoding or encryption of the transmission itself for purposes of and to protect the transmission.(7) Telecommunications technology--Computers, smart phones, and equipment, other than analog telephone, email or facsimile technology and equipment, used or capable of use for purposes of telecommunications. For purposes of this subchapter, the term includes, without limitation:(A) compressed digital interactive video, audio, or data transmission;(B) clinical data transmission using computer imaging by way of still-image capture and storage and forward;(C) smart phones, or any audio-visual, real-time, or two-way interactive communication system; and(D) other technology that facilitates the delivery of telehealth services.(8) Telehealth--The use of telecommunications and information technologies for the exchange of information from one site to another for the provision of speech-language pathology or audiology services to a client from a provider, including for assessments, interventions, or consultations regarding a speech-language pathology or audiology client. For a provider who is an audiologist or an audiology intern, telehealth includes the use of telecommunications technology for the fitting and dispensing of hearing instruments. Telehealth is also referred to as telepractice.(9) Telehealth services--The application of telecommunication technology to deliver speech-language pathology and/or audiology services at a distance for assessment, intervention, and/or consultation including the rendering of audiology and/or speech-language pathology services through telehealth to a client who is physically located at a site other than the site where the provider is located. For a provider who is an audiologist or an audiology intern, telehealth services includes the fitting and dispensing of hearing instruments through telehealth to a client who is physically located at a site other than the site where the provider is located. Telehealth services are also referred to as telepractice services.", "sourceNote": "Source Note: The provisions of this §111.210 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective December 30, 2021, 46 TexReg 9021." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207260", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "V", "label": "TELEHEALTH" }, "rule": { "number": "§111.211", "label": "Service Delivery Models" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207261", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Telehealth may be delivered in a variety of ways, including, but not limited to those set out in this section.(1) Store-and-forward model/electronic transmission is an asynchronous electronic transmission of stored clinical data from one location to another.(2) Clinician interactive model is a synchronous, real time interaction between the provider and client that may occur via telecommunication links.(b) Self-monitoring/testing model refers to when the client receiving the services provides data to the provider without a facilitator present at the site of the client.(c) Live versus stored data refers to the actual data transmitted during the telehealth service. Both live, real-time and stored clinical data may be included during the telehealth service.", "sourceNote": "Source Note: The provisions of this §111.211 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective December 30, 2021, 46 TexReg 9021." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207261", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "V", "label": "TELEHEALTH" }, "rule": { "number": "§111.212", "label": "Requirements for Providing Telehealth Services and Using Telehealth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216099", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) Except where noted, this subchapter applies to speech-language pathologists, speech-language pathology interns, speech-language pathology assistants, audiologists, audiology interns, audiology assistants, and dual speech-language pathologist and audiologist license holders, as authorized under this subchapter.(2) Except to the extent it imposes additional or more stringent requirements, this subchapter does not affect the applicability of any other requirement or provision of law to which an individual is otherwise subject under this chapter or other law.(b) Licensure and Scope of Practice.(1) An individual shall not provide telehealth services to a client in the State of Texas, unless the individual is licensed by the department and qualifies as a provider as that term is defined in this subchapter, or is otherwise legally authorized to do so.(2) A provider may provide only those telehealth services that are within the course and scope of the provider's license and competence, and delivered in accordance with the requirements of that license and pursuant to the terms and conditions set forth in this chapter.(3) A provider who is a speech-language pathology assistant may provide services through telehealth, as directed by their supervisor, according to the speech-language pathology assistant supervision requirements and the practice and duties under 16 TAC §111.51 and §111.52. A provider who is an audiology assistant may provide services through telehealth, as directed by their supervisor, according to the audiology assistant supervision requirements and the practice and duties under 16 TAC §111.91 and §111.92.(c) Competence and Standard of Practice (Code of Ethics).(1) A provider of telehealth services shall be competent in both the type of services provided and the methodology and equipment used to provide the service.(2) A provider shall comply with the code of ethics and scope of practice requirements in this chapter when providing telehealth services.(3) The scope, nature, and quality of the services provided via telehealth shall be the same as the services provided in-person.(4) A provider shall determine whether a particular service or procedure is appropriate to be provided via telehealth. A provider shall not provide a service or procedure via telehealth if it is not appropriate or cannot be provided at the same standard of care as if it were provided in-person.(5) As pertaining to liability and malpractice issues, a provider providing telehealth services shall be held to the same standards of practice as if the services were provided in person.(d) Facilitators.(1) Subject to the requirements and limitations of this subchapter, a provider may utilize a facilitator at the client site to assist the provider in providing telehealth services.(2) A provider shall document whether a facilitator is used in providing telehealth services. If a facilitator is used, the provider shall document the tasks in which the facilitator provided assistance.(3) Before allowing a facilitator to assist the provider in providing telehealth services, the provider shall ascertain and document the facilitator's qualifications, training, and competence, as appropriate and reasonable, in:(A) each task the provider directs the facilitator to perform at the client site; and(B) the methodology and equipment the facilitator is to use at the client site.(4) The facilitator may perform at the client site only the following tasks:(A) a task for which the facilitator holds and acts in accordance with any license, permit, authorization, or exemption required by law to perform the task; and(B) those physical, administrative, and other tasks for which a provider determines a facilitator is competent to perform in connection with the provision of audiology or speech-language pathology services, for which no form of license, permit, authorization, or exemption is required by law.(5) A provider is responsible for the actions of the facilitator and shall monitor the client and oversee and direct the facilitator at all times during the telehealth session.(6) A provider shall not provide telehealth services to a client if the presence of a facilitator is required for safe and effective service to the client and no qualified facilitator is available.(e) Technology and Equipment.(1) The provider shall use only telecommunications technology, as defined in this subchapter, to provide telehealth services. Modes of communication that do not utilize such telecommunications technology, including analog telephone, facsimile, and email, may be used only as adjuncts.(2) A provider shall only utilize telecommunications technology and other equipment that the provider is competent to use as part of the provider's telehealth services.(3) The provider shall not provide telehealth services unless the telecommunications technology and equipment located at the client site and at the provider site:(A) are appropriate to the telehealth services to be provided;(B) are properly calibrated, if appropriate, and in good working order; and(C) are of sufficient quality to allow the provider to deliver equivalent service and quality to the client as if those services were provided in person at the same physical location.(f) Client Contacts and Communications.(1) The initial contact between a provider and client may be at the same physical location or through telehealth, as determined appropriate by the provider. For a provider who is a speech-language pathology assistant, the initial contact with a client must be made by the assistant's supervisor.(2) A provider shall consider relevant factors including the client's behavioral, physical, and cognitive abilities in determining the appropriateness of providing services via telehealth.(3) A provider shall be aware of the client's level of comfort with the technology being used as part of the telehealth services.(4) A provider shall be sensitive to cultural and linguistic variables that affect the identification, assessment, treatment, and management of the clients.(5) Notification of telehealth services shall be provided to the client, the guardian, the caregiver, and the multi-disciplinary team, if appropriate. The notification shall include, but not be limited to: the right to refuse telehealth services, options for service delivery, and instructions on filing and resolving complaints.(g) Records and Billing.(1) A provider of telehealth services shall comply with all laws, rules, and regulations governing the maintenance of client records, including client confidentiality requirements.(2) Documentation of telehealth services shall include documentation of the date and nature of services performed by the provider through telehealth and the assistive tasks of the facilitator, if used.(3) A provider is allowed to provide telehealth services in accordance with this subchapter, but reimbursement of telehealth services is subject to the reimbursement policies of the entity being billed.(h) Hearing Instruments. Hearing instruments may be adjusted digitally through the use of telecommunications technology by a provider who is an audiologist or an audiology intern and who provides telehealth services under this subchapter.", "sourceNote": "Source Note: The provisions of this §111.212 adopted to be effective December 30, 2021, 46 TexReg 9021." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216099", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "111", "label": "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS" }, "subchapter": { "number": "W", "label": "JOINT RULE REGARDING THE SALE OF HEARING INSTRUMENTS" }, "rule": { "number": "§111.220", "label": "Requirements Regarding the Sale of Hearing Instruments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178433", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter constitutes the rules required by Texas Occupations Code §401.2021 and §402.1021 to be adopted by the commission with the assistance of the Speech-Language Pathologists and Audiologists Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board. The requirements of this subchapter shall be repealed or amended only through consultation with, and mutual action by, both advisory boards.(b) Guidelines for a 30 consecutive day trial period for a hearing instrument.(1) All clients shall be informed of a 30 consecutive day trial period by written contract for services related to a hearing instrument. All charges associated with such trial period shall be included in this written contract for services, which shall include the name, address, and telephone number of the department.(2) Any client purchasing one or more hearing instruments shall be entitled to a refund of the purchase price advanced by the client for the hearing instrument(s), less the agreed-upon amount associated with the trial period, upon return of the instrument(s), in good condition, to the licensed audiologist or licensed intern in audiology within the trial period ending 30 consecutive days from the date of delivery. Should the order be canceled by the client prior to the delivery of the hearing instrument(s), the licensed audiologist or licensed intern in audiology may retain the agreed-upon charges and fees as specified in the written contract for services. The client shall receive the refund due no later than the 30th day after the date on which the client cancels the order or returns the hearing instrument(s), in good condition, to the licensed audiologist or licensed intern in audiology.(3) Should the hearing instrument(s) have to be returned to the manufacturer for repair or remake during the trial period, the 30 consecutive day trial period begins anew. The trial period begins on the day the client reclaims the repaired/remade hearing instrument(s). The expiration date of the new 30 consecutive day trial period shall be made available to the client in writing, through an amendment to the original written contract. The amendment shall be signed by both the licensed audiologist or licensed intern in audiology and the client.(4) On delivery of a new replacement hearing instrument(s) during the trial period, the serial number of the new instrument(s), the delivery date of the hearing instrument(s), and the date of the expiration of the 30 consecutive day trial period must be stated in writing.(5) If the date of the expiration of the 30 consecutive day trial period falls on a holiday, weekend, or a day the business is not open, the expiration date shall be the first day the business reopens.(c) Upon the sale of any hearing instrument(s) or change of model or serial number of the hearing instrument(s), the owner shall ensure that each client receives a written contract that contains:(1) the date of sale;(2) the make, model, and serial number of the hearing instrument(s);(3) the name, address, and telephone number of the principal place of business of the license holder who dispensed the hearing instrument;(4) a statement that the hearing instrument is new, used, or reconditioned;(5) the length of time and other terms of the guarantee and by whom the hearing instrument is guaranteed;(6) a statement on or attached to the written contract for services, in no smaller than 10-point bold type, as follows: \"The client has been advised that any examination or representation made by a licensed audiologist or licensed intern in audiology in connection with the fitting and selling of the hearing instrument(s) is not an examination, diagnosis or prescription by a person duly licensed and qualified as a physician or surgeon authorized to practice medicine in the State of Texas and, therefore, must not be regarded as medical opinion or advice.\";(7) a statement on the face of the written contract for services, in no smaller than 10-point bold type, as follows: \"If you have a complaint against a licensed audiologist or intern in audiology, you may contact the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, Telephone (512) 463-6599, Toll-Free (in Texas): (800) 803-9202\";(8) the printed name, license type, signature and license number of the licensed audiologist or licensed intern in audiology who dispensed the hearing instrument;(9) the supervisor's name, license type, and license number, if applicable;(10) a recommendation for a follow-up appointment within thirty (30) days after the hearing instrument fitting;(11) the expiration date of the 30 consecutive day trial period under subsection (b); and(12) the dollar amount charged for the hearing instrument and the dollar amount charged for the return or restocking fee, if applicable.(d) Record keeping. The owner of the dispensing practice shall ensure that records are maintained on every client who receives services in connection with the fitting and dispensing of hearing instruments. Such records shall be preserved for at least five years after the date of the last visit. All of the business's records and contracts are solely the property of the person who owns the business. Client access to records is governed by the Health Insurance Portability and Accountability Act (HIPAA). The records must be available for the department's inspection and shall include, but are not limited to, the following:(1) pertinent case history;(2) source of referral and appropriate documents;(3) medical evaluation or waiver of evaluation if provided;(4) copies of written contracts for services and receipts executed in connection with the fitting and dispensing of each hearing instrument provided;(5) a complete record of hearing tests, and services provided; and(6) all correspondence specifically related to services provided to the client or the hearing instrument(s) fitted and dispensed to the client.(e) The written contract and trial period information provided to a client in accordance with this section, orally and in writing, shall be in plain language designed to be easily understood by the average consumer.", "sourceNote": "Source Note: The provisions of this §111.220 adopted to be effective October 1, 2016, 41 TexReg 4441; amended to be effective January 1, 2024, 48 TexReg 8363." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178433", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§112.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224921", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of the Texas Occupations Code, Chapters 51 and 402, and Chapter 401 as applicable.", "sourceNote": "Source Note: The provisions of this §112.1 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224921", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§112.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216101", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Occupations Code, Chapter 402, concerning the licensing of persons authorized to fit and dispense hearing instruments. (2) Advisory board--The Hearing Instrument Fitters and Dispensers Advisory Board.(3) Applicant--An individual who applies for a license or permit under the Act.(4) Apprentice permit--A permit issued by the department to an individual who meets the qualifications established by Texas Occupations Code, §402.207 and this chapter, and which authorizes the permit holder to fit and dispense hearing instruments under appropriate supervision from an individual who holds a license to fit and dispense hearing instruments without supervision under Texas Occupations Code, Chapter 401 or 402, other than an individual licensed under §401.311 or §401.312.(5) Certification, proof of--A certificate of calibration, compliance, conformance, or performance.(6) Commission--The Texas Commission of Licensing and Regulation.(7) Contact hour--A period of time equal to 55 minutes.(8) Continuing education--Education intended to maintain and improve the quality of professional services in the fitting and dispensing of hearing instruments, to keep licensees knowledgeable of current research, techniques, and practices, and provide other resources which will improve skills and competence in the fitting and dispensing of hearing instruments.(9) Continuing education hour--A period of time equal to at least 50 minutes.(10) Continuing education methods of delivery--The methods of delivering or providing continuing education courses, which include in-person, online, and virtual (or virtually) as those terms are defined in this section.(11) Continuing education provider--A provider of a continuing education activity.(12) Contract--See definition for \"written contract for services.\"(13) Department--The Texas Department of Licensing and Regulation.(14) Direct supervision--The physical presence with prompt evaluation, review and consultation of a supervisor any time a temporary training permit holder is engaged in the act of fitting and dispensing of hearing instruments.(15) Executive director--The executive director of the department.(16) Fitting and dispensing hearing instruments--The measurement of human hearing by the use of an audiometer or other means to make selections, adaptations, or sales of hearing instruments. The term includes prescribing, ordering, or authorizing the use of hearing instruments, the making of impressions for earmolds to be used as a part of the hearing instruments, and providing any necessary post-fitting counseling for the purpose of fitting and dispensing hearing instruments.(17) Hearing aid--Any wearable device designed for, offered for the purpose of, or represented as aiding persons with or compensating for impaired hearing. The term includes hearing instruments and over-the-counter hearing aids.(18) Hearing instrument--A prescription hearing aid as that term is defined by 21 C.F.R. Section 800.30.(19) Indirect supervision--The daily evaluation, review, and prompt consultation of a supervisor any time a permit holder is engaged in the act of fitting and dispensing hearing instruments.(20) In-person continuing education course--A continuing education course that is delivered live and where the instructor and the person taking the course are at the same physical location or the course is offered virtually.(21) License--A license issued by the department under the Act and this chapter to a person authorized to fit and dispense hearing instruments.(22) Licensee--Any person licensed or permitted by the department under Texas Occupations Code Chapter 401 or 402.(23) Manufacturer--The term includes a person who applies to be a continuing education provider who is employed by, compensated by, or represents an entity, business, or corporation engaged in any of the activities described in this paragraph. An entity, business, or corporation that:(A) is engaged in manufacturing, producing, or assembling hearing instruments for wholesale to a licensee or other hearing instrument provider;(B) is engaged in manufacturing, producing, or assembling hearing instruments for sale to the public;(C) is a subsidiary of, or held by, an entity that is engaged in manufacturing, producing, or assembling hearing instruments as described in this definition;(D) holds an entity, business, or corporation engaged in manufacturing, producing, or assembling hearing instruments as described in this definition; or(E) serves as a buying group for an entity, business, or corporation engaged in manufacturing, producing, or assembling hearing instruments as described in this definition.(24) Non-Manufacturer--Any person, entity, buyer group, or corporation that does not meet the definition of a manufacturer. (25) Online continuing education course--A continuing education course that is recorded and posted on a website for a person to take and complete. An online course does not include a live course delivered in-person or virtually. Virtual courses and webinars which are real-time and offer interaction between the provider and the attendee are not considered online courses.(26) Over-the-counter hearing aid--The term has the meaning assigned by 21 C.F.R. Section 800.30.(27) Person--An individual, corporation, partnership, or other legal entity.(28) Sale--The term includes a lease, rental, or any other purchase or exchange for value. The term does not include a sale at wholesale by a manufacturer to a person licensed under the Act or to a distributor for distribution and sale to a person licensed under the Act.(29) Specific Product Information--Specific product information shall include, but not be limited to, brand name, model number, shell type, and circuit type.(30) Supervisor--A supervisor is an individual who holds a valid license to fit and dispense hearing instruments under Texas Occupations Code, Chapter 401 or 402, other than an individual licensed under §401.311 or §401.312, and who meets the qualifications established by Texas Occupations Code, §402.255 and this chapter.(31) Telehealth--See definition(s) in Subchapter N, Telehealth.(32) Temporary training permit--A permit issued by the department to an individual who meets the qualifications established by Texas Occupations Code, Chapter 402, Subchapter F, and this chapter, to authorize the permit holder to fit and dispense hearing instruments only under the direct or indirect supervision, as required and as appropriate, of an individual who holds a license to fit and dispense hearing instruments without supervision under Texas Occupations Code, Chapter 401 or 402, other than an individual licensed under §401.311 or §401.312.(33) Virtual (or virtually) continuing education course--A continuing education course delivered through a live webcast, videoconference, or other method that allows for real-time interaction or communications between the instructor and the persons taking the course. Virtual courses and webinars which are real-time and offer interaction between the provider and the attendee are not considered online courses.(34) Working days--Working days are Monday through Friday, 8:00 a.m. to 5:00 p.m.(35) Written contract for services--A written contract between the license holder and purchaser of a hearing instrument as set out in §112.140 (relating to Joint Rule Regarding the Sale of Hearing Instruments).(36) 30-day trial period--The period in which a person may cancel the purchase of a hearing instrument.", "sourceNote": "Source Note: The provisions of this §112.2 adopted\r\nto be effective October 1, 2016, 41 TexReg 4458; amended to be effective\r\nMay 1, 2018, 43 TexReg 2564; amended to be effective December 30,\r\n2021, 46 TexReg 9025; amended to be effective January 1, 2024, 48\r\nTexReg 8366; amended to be effective May 15, 2025, 50 TexReg 2779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216101", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§112.3", "label": "Over-the-Counter Hearing Aids" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190707", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in this section, this chapter does not apply to servicing, marketing, selling, dispensing, providing customer support for, acquiring, or distributing over-the-counter hearing aids.(b) A person is not required to obtain a license under this chapter to engage in an activity described by subsection (a).(c) A person may not use the title \"licensed dispenser\" or \"licensed seller\" with respect to over-the-counter hearing aids or otherwise represent that the person holds a license to sell or dispense over-the-counter hearing aids unless the person is licensed as a hearing instrument fitter and dispenser under this chapter or as an audiologist or audiologist intern under Chapter 111.(d) The supervision, prescription, order, involvement, or intervention of a person licensed in this state is not required under this chapter for a consumer to access over-the-counter hearing aids.(e) A person licensed under this chapter may service, market, sell, dispense, provide customer support for, or distribute over-the-counter hearing aids. These activities do not exempt a person licensed under this chapter from any applicable provision of this chapter unrelated to the activities in (a).", "sourceNote": "Source Note: The provisions of this §112.3 adopted to be effective January 1, 2024, 48 TexReg 8366." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190707", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "B", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD" }, "rule": { "number": "§112.10", "label": "Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178436", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board consists of nine members appointed by the presiding officer of the commission, with the approval of the commission as follows:(1) six members licensed under this chapter who have been engaged in fitting and dispensing hearing instruments for at least five years preceding appointment, not more than one of whom may be licensed under Chapter 401;(2) one member who is actively practicing as a physician licensed by the Texas Medical Board and who:(A) is a citizen of the United States; and(B) specializes in the practice of otolaryngology; and(3) two members of the public.", "sourceNote": "Source Note: The provisions of this §112.10 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178436", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "B", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD" }, "rule": { "number": "§112.11", "label": "Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178437", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.", "sourceNote": "Source Note: The provisions of this §112.11 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178437", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "B", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD" }, "rule": { "number": "§112.12", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200988", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory board serve staggered six-year terms. The terms of three members expire on February 1 of each odd-numbered year.(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.(c) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member.", "sourceNote": "Source Note: The provisions of this §112.12 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200988", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "B", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD" }, "rule": { "number": "§112.13", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209303", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of one year. The presiding officer of the advisory board may vote on any matter before the advisory board.(b) The presiding officer shall preside at all meetings at which the presiding officer is in attendance.", "sourceNote": "Source Note: The provisions of this §112.13 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209303", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "B", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD" }, "rule": { "number": "§112.14", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board shall meet at the call of the presiding officer of the commission or the executive director.(b) A quorum of the advisory board is necessary to conduct official business. A quorum is five members.(c) Advisory board action shall require a majority vote of those members present and voting.", "sourceNote": "Source Note: The provisions of this §112.14 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective July 1, 2022, 47 TexReg 3675." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178441", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§112.20", "label": "Examination Requirements--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200989", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided under subsection (b), an individual must pass an examination required by the department to qualify for a hearing instrument fitter and dispenser license or an apprentice permit under this chapter.(b) An individual licensed under Chapter 401, as an audiologist or an audiology intern who is applying for a license under this chapter, is exempt from the examination required under this chapter but must comply with all other requirements under this chapter.", "sourceNote": "Source Note: The provisions of this §112.20 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200989", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§112.21", "label": "Examination Contents and Test Administration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200990", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The examination required under the Act shall consist of a written test, a practical test (all portions), and a jurisprudence test.(b) The department shall administer or arrange for the administration of the examination.(1) The written test is the International Licensing Examination for Hearing Instrument Dispenser, administered by the department's designee.(2) The practical test is developed by the department and administered by the department's designee.(3) The jurisprudence test is developed by the department and administered by the department's designee.(c) The examination under subsection (a) will test the following areas as they relate to the fitting and dispensing of hearing instruments:(1) basic physics of sound;(2) structure and function of hearing instruments;(3) fitting of hearing instruments;(4) pure tone audiometry, including air conduction testing and bone conduction testing;(5) live voice and recorded voice speech audiometry;(6) masking when indicated for air conduction, bone conduction, and speech;(7) recording and evaluation of audiograms and speech audiometry to determine the candidacy for a hearing instrument;(8) selection and adaption of hearing instruments, testing of hearing instruments, and verification of aided hearing instrument performance;(9) taking of earmold impressions;(10) verification of hearing instrument fitting and functional gain measurements using a calibrated system;(11) anatomy and physiology of the ear;(12) counseling and aural rehabilitation of an individual with a hearing impairment for the purpose of fitting and dispensing hearing instruments;(13) use of an otoscope for the visual observation of the entire ear canal; and(14) laws, rules, and regulations of this state and the United States.(d) The examination may not test knowledge of the diagnosis or treatment of any disease of or injury to the human body.", "sourceNote": "Source Note: The provisions of this §112.21 adopted to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200990", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§112.22", "label": "Examination Qualification Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200991", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant must qualify to take the written test and the practical test. The applicant must also take the jurisprudence test as described under §112.26, but the applicant does not need to qualify to take the jurisprudence test.(b) The department will review a temporary training permit holder's documentation as prescribed under §112.53 to determine whether the applicant qualifies to take the written and practical tests.(c) The department will review an out of state license holder's application and other submitted documentation as prescribed under §112.33 to determine whether the applicant qualifies to take the practical test.(d) The department or department's designee will notify the applicant who qualifies to take the examination.", "sourceNote": "Source Note: The provisions of this §112.22 adopted to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200991", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§112.23", "label": "Examination and Test Results" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200992", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant must pass the required examination consisting of the written, practical (all portions), and jurisprudence tests.(b) The department or the department's designee will notify the applicant in writing regarding the applicant's test results for the written and practical tests.(c) The department's designee will provide a certificate of completion to the applicant upon passage of the jurisprudence test.", "sourceNote": "Source Note: The provisions of this §112.23 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200992", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§112.24", "label": "Failure of Examination or Test" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200993", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who failed an examination or test may retake the examination or test.(b) An applicant who failed a practical test may be retested only on those portions of the practical test that the applicant failed.(c) An applicant must pay a new fee to retake the examination or test.(d) An applicant must hold a current temporary training permit or an out-of-state license under §112.33 in order to retake the examination or test.", "sourceNote": "Source Note: The provisions of this §112.24 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200993", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§112.25", "label": "Practical Test Proctors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200994", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The practical test must be administered by one or more qualified proctors selected and assigned by the department.(b) Qualifications for Test Proctor.(1) A proctor must be licensed in good standing as a hearing instrument fitter and dispenser under the Act.(2) A proctor must have held the license for at least two years prior to the practical test date.(3) A proctor must have observed at least three full practical tests and meet any other proctor training requirements as prescribed by the department or its designee prior to serving as a proctor.(4) Disciplinary actions or other actions that may disqualify a license holder from serving as a proctor are:(A) suspension or probated suspension under this chapter;(B) any action requiring supervision by another person licensed under this chapter; or(C) an administrative penalty or reprimand under this chapter within three years prior to the test date.", "sourceNote": "Source Note: The provisions of this §112.25 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective November 1, 2019, 44 TexReg 6366; amended to be effective September 1, 2020, 45 texReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200994", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "C", "label": "EXAMINATIONS" }, "rule": { "number": "§112.26", "label": "Jurisprudence Test" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200995", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To fulfill the requirements under Texas Occupations Code §402.204(b)(14), an applicant must complete the jurisprudence test prescribed by the department.(b) The jurisprudence test is separate from the written and practical tests. The jurisprudence test covers the laws, rules, and regulations of Texas and of the United States relating to the fitting and dispensing of hearing instruments.(c) The applicant must register online and pay the jurisprudence test fee to the department's designee. The applicant does not need to qualify through the department to take the jurisprudence test.(d) The applicant must successfully complete the jurisprudence test and submit a certificate of completion prior to receiving a hearing instrument fitter and dispenser license or an apprentice permit.", "sourceNote": "Source Note: The provisions of this §112.26 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200995", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "D", "label": "HEARING INSTRUMENT FITTER AND DISPENSER LICENSE" }, "rule": { "number": "§112.30", "label": "Hearing Instrument Fitter and Dispenser License--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178448", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on department-approved forms.(b) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.(c) An applicant must submit the following required documentation:(1) a completed application on a department-approved form;(2) the supervisor's agreement form that has been completed by the apprentice permit holder and the supervisor(s), unless previously submitted to the department; and(3) the initial application fee required under §112.110.(d) An applicant for a hearing instrument fitter and dispenser license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety or its designee, in a manner prescribed by the Department of Public Safety, for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(e) Surety Bond or Other Acceptable Form of Financial Security.(1) The applicant's employer, who is subject to §112.60, must provide the applicant with a surety bond or other acceptable form of financial security. The applicant must submit the surety bond or other financial security to the department with the license application.(2) As an alternative to subsection (e)(1), the applicant's employer, who is subject to §112.60, may submit the surety bond or other acceptable form of financial security directly to the department on behalf of itself and the applicant. The employer must submit the prescribed form that identifies the applicant who is covered under the surety bond or other financial security.(3) The surety bond or other acceptable form of financial security must be received on or before the date of issuance of the applicant's license.(f) The commission or executive director may deny an application based on the grounds for denial under Texas Occupations Code §402.501.(g) The commission or department shall deny an application pursuant to Texas Occupations Code §108.052.", "sourceNote": "Source Note: The provisions of this §112.30 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178448", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "D", "label": "HEARING INSTRUMENT FITTER AND DISPENSER LICENSE" }, "rule": { "number": "§112.31", "label": "Hearing Instrument Fitter and Dispenser License--Issuance of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200996", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue each applicant, whose application has been approved, a license certificate containing the license holder's name, license number, and expiration date.(b) Any license certificate or renewal card issued by the department remains the property of the department and must be surrendered to the department on demand.(c) The department may replace a lost, damaged, or destroyed license certificate or renewal card upon a written request from the license holder using a department-approved form and payment of the duplicate/replacement fee under §112.110.(d) Upon the written request from the license holder using a department-approved form and payment of the duplicate/replacement fee under §112.110, the department will provide a license holder with a duplicate certificate for a second place of practice which is designated in a license holder's file.", "sourceNote": "Source Note: The provisions of this §112.31 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200996", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "D", "label": "HEARING INSTRUMENT FITTER AND DISPENSER LICENSE" }, "rule": { "number": "§112.32", "label": "Hearing Instrument Fitter and Dispenser License--License Term; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200997", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A hearing instrument fitter and dispenser license is valid for two years from the date of issuance and may be renewed every two years.(b) Each license holder is responsible for renewing the license before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification prior to the expiration date of the license shall not excuse failure to file for renewal or late renewal.(c) To renew a hearing instrument fitter and dispenser license, a license holder must:(1) submit a completed renewal application on a department-approved form;(2) except for the first renewal, complete twenty (20) hours of continuing education as required under §112.70;(3) comply with the continuing education audit process described under §112.71, if selected for an audit;(4) provide proof that all equipment that is used by the license holder to produce a measurement in the testing of hearing acuity has been properly calibrated or certified by a qualified technician in accordance with §112.97, within one year prior to the renewal date; and(5) submit the renewal application fee required under §112.110.(d) A license holder must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license. The department will notify the license holder if the person needs to submit new fingerprints.(e) Surety Bond or Other Acceptable Form of Financial Security.(1) For the first renewal on or after September 1, 2020, the license holder's employer, who is subject to §112.60, must provide the license holder with a surety bond or other acceptable form of financial security. The license holder must submit the surety bond or other financial security to the department with the license renewal application.(2) As an alternative to subsection (e)(1), for the first renewal on or after September 1, 2020, the license holder's employer, who is subject to §112.60, may submit the surety bond or other acceptable form of financial security directly to the department on behalf of the employer and the license holder. The employer must submit the prescribed form that identifies the license holder who is covered under the surety bond or other financial security.(3) The surety bond or other acceptable form of financial security must be received on or before the date of renewal of the license holder's license.(f) For each license renewal on or after September 1, 2020, the license holder must complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(g) The commission or department shall renew the license of a license holder who has met all the requirements for renewal, except as provided under Texas Occupations Code §402.301 and §402.501.(h) A person whose license has expired may renew the license in accordance with §60.31 and §60.83 of this title.(i) A person whose license has expired shall not practice the fitting and dispensing of hearing instruments.(j) The department shall issue a renewal card to a license holder who has met all the requirements for renewal. The license holder must display the renewal card in association with the license.", "sourceNote": "Source Note: The provisions of this §112.32 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200997", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "D", "label": "HEARING INSTRUMENT FITTER AND DISPENSER LICENSE" }, "rule": { "number": "§112.33", "label": "Application by License Holder From Another State" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200998", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person licensed to fit and dispense hearing instruments in another state may apply for a hearing instrument fitter and dispenser license under this chapter by meeting the requirements under this section.(b) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on department-approved forms.(c) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.(d) An applicant must submit the following required documentation:(1) a completed application on a department-approved form;(2) written verification that the applicant is licensed in good standing as a fitter and dispenser of hearing instruments in another state;(3) written verification that:(A) the requirements to obtain a license to fit and dispense hearing instruments in the state in which the applicant is licensed include passing the International Licensing Examination for Hearing Instrument Dispenser (ILE) written test; or(B) the applicant holds a certification issued by the Board of Certification for Hearing Instrument Sciences (BC-HIS);(4) a written statement from the licensing entity in the state in which the applicant is licensed that details any disciplinary action taken by the entity against the applicant;(5) a statement of the applicant's criminal history acceptable to the department; and(6) the initial application fee required under §112.110.(e) An applicant for a hearing instrument fitter and dispenser license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety or its designee, in a manner prescribed by the Department of Public Safety, for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(f) The department may deny an application under this section based on the applicant's criminal history or an applicant's history of disciplinary action.(g) The commission or department shall deny an application pursuant to Texas Occupations Code §108.052.(h) Surety Bond or Other Acceptable Form of Financial Security.(1) The applicant's employer, who is subject to §112.60, must provide the applicant with a surety bond or other acceptable form of financial security. The applicant must submit the surety bond or other financial security to the department with the license application.(2) As an alternative to subsection (h)(1), the applicant's employer, who is subject to §112.60, may submit the surety bond or other acceptable form of financial security directly to the department on behalf of the employer and the applicant. The employer must include the prescribed form that identifies the applicant who is covered under the surety bond or other financial security.(3) The surety bond or other acceptable form of financial security must be received on or before the date of issuance of the applicant's license.(i) If the department approves an application, the applicant must take the practical test and the jurisprudence test. If the applicant meets the examination requirements, the department shall issue to the applicant a hearing instrument fitter and dispenser license under this chapter.(j) The department may allow an applicant under this section who satisfies all application requirements other than the requirement under subsection (d)(3), to take all three tests that comprise the examination required under Texas Occupations Code §402.202. If the applicant meets the examination requirements, the department shall issue to the applicant a hearing instrument fitter and dispenser license under this chapter.(k) The department may not issue a license under this section to an applicant who is a licensed audiologist in another state. The department shall inform the applicant of the licensing requirements of Chapter 401.", "sourceNote": "Source Note: The provisions of this §112.33 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200998", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "E", "label": "APPRENTICE PERMIT" }, "rule": { "number": "§112.40", "label": "Apprentice Permit--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178452", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on department-approved forms.(b) An applicant must complete all permit requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.(c) An applicant for an apprentice permit must:(1) hold a current temporary training permit;(2) submit a completed application on a department-approved form;(3) submit the supervisor's agreement form that has been completed by the applicant and the supervisor(s);(4) pass the written and practical tests;(5) submit a certificate of completion of the jurisprudence test; and(6) pay the apprentice permit fee required under §112.110.(d) An applicant for an apprentice permit must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.", "sourceNote": "Source Note: The provisions of this §112.40 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178452", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "E", "label": "APPRENTICE PERMIT" }, "rule": { "number": "§112.41", "label": "Apprentice Permit--Issuance of Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200999", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue a permit containing the permit holder's name, permit number, and expiration date to an applicant who meets all of the requirements for obtaining an apprentice permit under the Act and this chapter.(b) Any permit issued by the department remains the property of the department and must be surrendered to the department on demand.(c) The department may replace a lost, damaged, or destroyed permit upon a written request from the permit holder using a department-approved form and payment of the duplicate/replacement fee under §112.110.", "sourceNote": "Source Note: The provisions of this §112.41 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200999", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "E", "label": "APPRENTICE PERMIT" }, "rule": { "number": "§112.42", "label": "Apprentice Permit--Permit Term; Extension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178454", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An apprentice permit is valid for one year. The department may extend the apprentice permit for an additional period not to exceed one year. An apprentice permit may not be extended more than once.(b) To extend an apprentice permit, the apprentice permit holder must:(1) submit an extension request on a department-approved form not later than 90 days after the expiration of the permit;(2) submit a new or renewed supervision agreement for the extension period; and(3) pay the permit extension fee required under §112.110.(c) An apprentice permit holder must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines to extend the permit.(d) A person whose permit has expired shall not practice the fitting and dispensing of hearing instruments.(e) A person whose apprentice permit has expired has 90 days after the expiration date to request an extension from the department. After that date, the person must apply for a temporary training permit and must start over at the beginning of the temporary training permit process. The person must repeat and complete the temporary training permit requirements and the apprentice permit requirements under Occupations Code Chapter 402 and this chapter.", "sourceNote": "Source Note: The provisions of this §112.42 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178454", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "E", "label": "APPRENTICE PERMIT" }, "rule": { "number": "§112.43", "label": "Apprentice Permit--Supervision Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224922", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An apprentice permit holder shall work under the direct or indirect supervision of a license holder for at least one year.(b) The supervisor shall periodically conduct a formal evaluation of the applicant's progress in the development of professional skills.(c) A supervisor of an apprentice permit holder is responsible for services to the client that may be performed by the apprentice permit holder. The supervisor must ensure that all services provided are in compliance with the Act and this chapter.(d) The apprenticeship must be done under the direct or indirect supervision of an individual authorized to supervise permit holders who holds a valid license to fit and dispense hearing instruments in the State of Texas under Texas Occupations Code, Chapter 401 or 402, other than a person licensed under §401.311 or §401.312.(e) The supervisor must submit written notification of cessation of supervision to the department and the apprentice permit holder within ten (10) days of cessation of supervision on a department-approved form or in a manner prescribed by the department.(f) The apprentice permit holder shall give written notice to the department of the transfer of supervision within ten (10) working days of change in supervisor on a department-approved form or in a manner prescribed by the department.(g) The supervisor's agreement form must be completed by the apprentice permit holder and the supervisor or supervisors on a department-approved form or in a manner prescribed by the department.(h) Notwithstanding the supervision provisions in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.", "sourceNote": "Source Note: The provisions of this §112.43 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224922", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "E", "label": "APPRENTICE PERMIT" }, "rule": { "number": "§112.44", "label": "Apprentice Permit--Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The apprentice permit holder must complete 10 hours of continuing education during the apprentice year, with no more than five of the 10 hours being completed through online courses. Virtual courses are not considered online courses.(b) The continuing education courses must be provided by a department-registered continuing education provider. The apprentice permit holder must complete the continuing education courses in one or more of the following approved subjects relating to the fitting and dispensing of hearing instruments:(1) basic physics of sound;(2) structure and function of hearing instruments;(3) fitting of hearing instruments;(4) pure tone audiometry, including air conduction testing and bone conduction testing;(5) live voice and recorded voice speech audiometry;(6) masking when indicated for air conduction, bone conduction, and speech;(7) recording and evaluation of audiogram and speech audiometry to determine the candidacy for hearing instruments;(8) selection and adaption of hearing instruments, testing of hearing instruments, and verification of aided hearing instrument performance;(9) taking of earmold impressions;(10) verification of hearing instrument fitting and functional gain measurements using a calibrated system;(11) anatomy and physiology of the ear;(12) counseling and aural rehabilitation of an individual with a hearing impairment for the purpose of fitting and dispensing hearing instruments;(13) use of an otoscope for the visual observation of the entire ear canal;(14) laws, rules, and regulations of this state and the United States; and(15) the proper procedures for sound level measurements.(c) The apprentice permit holder must provide written proof of attendance or completion of a continuing education course in a form and manner prescribed by the department.(d) The apprentice permit holder will not receive credit for completing the same continuing education course more than once during the permit term.(e) The apprentice permit holder will not receive credit unless the apprentice permit holder attended the full continuing education course. There is no partial credit for attending less than the full course.", "sourceNote": "Source Note: The provisions of this §112.44 adopted to be\r\neffective October 1, 2016, 41 TexReg 4458; amended to be effective\r\nMay 15, 2025, 50 TexReg 2779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "F", "label": "TEMPORARY TRAINING PERMIT" }, "rule": { "number": "§112.50", "label": "Temporary Training Permit--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178458", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on department-approved forms.(b) An applicant must complete all permit requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.(c) An applicant for a temporary training permit must:(1) provide documentation that the applicant is at least 18 years of age;(2) submit a completed application on a department-approved form;(3) submit one of the following education records:(A) an official diploma or official transcript indicating graduation from an accredited high school;(B) a certificate of high school equivalency issued by the appropriate education agency; or(C) an official diploma or official transcripts from an accredited college or university indicating a college degree was obtained;(4) submit the supervisor statement required under Texas Occupations Code §402.252, on a department-approved form; and(5) pay the temporary training permit fee required under §112.110.(d) An applicant for a temporary training permit must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(e) Pursuant to Occupations Code §402.251(b), a person, who has previously held a temporary training permit and whose first temporary training permit has expired, may apply for a second temporary training permit under this section.(1) The second temporary training permit shall be a new permit as required under §402.251(b).(2) A person who is issued a second temporary training permit must start over at the beginning of the temporary training permit process. A temporary training permit holder must comply with the supervision and temporary training requirements under Occupations Code §402.252 and §§402.254 - 402.257 and §112.53.(3) A person who is issued a second temporary training permit may extend the second temporary training permit once in accordance with Occupations Code §402.253 and §112.52.(4) A person may not be issued more than two temporary training permits.", "sourceNote": "Source Note: The provisions of this §112.50 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2019, 44 TexReg 2155." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178458", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "F", "label": "TEMPORARY TRAINING PERMIT" }, "rule": { "number": "§112.51", "label": "Temporary Training Permit--Issuance of Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201000", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue a permit containing the permit holder's name, permit number, and expiration date to an applicant who meets all of the requirements for obtaining a temporary training permit under the Act and this chapter.(b) Any permit issued by the department remains the property of the department and must be surrendered to the department on demand.(c) The department may replace a lost, damaged, or destroyed permit upon a written request from the permit holder using a department-approved form and payment of the duplicate/replacement fee under §112.110.", "sourceNote": "Source Note: The provisions of this §112.51 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201000", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "F", "label": "TEMPORARY TRAINING PERMIT" }, "rule": { "number": "§112.52", "label": "Temporary Training Permit--Permit Term; Extension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201001", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A temporary training permit is valid for one year. The department may extend the temporary training permit for an additional period not to exceed one year. A temporary training permit may not be extended more than once.(b) To extend a temporary training permit, the temporary training permit holder must:(1) submit an extension request on a department-approved form no later than 90 days after the expiration of the permit;(2) submit a new or renewed supervision agreement for the extension period; and(3) pay the permit extension fee required under §112.110.(c) To extend the permit, a temporary training permit holder must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(d) A person whose permit has expired shall not practice the fitting and dispensing of hearing instruments.(e) A person whose permit has expired has 90 days after the expiration date to request an extension from the department. After that date, the person must apply for a new permit and must start over at the beginning of the temporary training permit process as prescribed under §112.50(e). This new permit will count as the person's second permit under §112.50(e).(f) A person who has been issued a second temporary training permit under §112.50 may extend the second temporary training permit once in accordance with this section.", "sourceNote": "Source Note: The provisions of this §112.52 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2019, 44 TexReg 2155; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201001", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "F", "label": "TEMPORARY TRAINING PERMIT" }, "rule": { "number": "§112.53", "label": "Temporary Training Permit--Supervision and Temporary Training Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201002", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The training of a temporary training permit holder must be done under the supervision of an individual who holds a valid license to fit and dispense hearing instruments under Texas Occupations Code, Chapter 401 or 402, other than an individual licensed under §401.311 or §401.312.(b) A supervisor licensed under Texas Occupations Code, Chapter 401, shall comply with all provisions of Texas Occupations Code, Chapter 402, and this chapter that relate to the supervision and training of a temporary permit holder. A supervisor licensed under Texas Occupations Code, Chapter 402, shall comply with all provisions of the Act and this chapter.(c) A person must obtain a temporary training permit prior to beginning the supervision and must maintain a valid temporary training permit during the person's supervised practicum experience.(d) A temporary training permit holder only has the authority prescribed under Texas Occupations Code §402.256.(e) The supervisor must submit a written notification of termination of supervision to the department and the temporary training permit holder within ten (10) days of cessation of supervision on a department-approved form or in a manner prescribed by the department.(f) Pursuant to Texas Occupations Code §402.257, the temporary training permit holder shall give written notice to the department of the transfer of supervision within ten (10) working days of change in supervisor using a department-approved form or in a manner prescribed by the department.(g) A temporary training permit holder shall have at least 150 hours of directly supervised practicum that shall include the following:(1) 25 contact hours of pure tone air conduction, bone conduction, and speech audiometry, recorded and live voice, with 15 of the required hours being with actual clients;(2) 25 client contact hours of hearing instrument evaluations, including sound-field measurements with recorded and live voice;(3) 20 contact hours of instrument fittings with actual clients;(4) 10 contact hours of earmold orientation types, uses, and terminology;(5) five contact hours of earmold impressions and otoscopic examinations of the ear;(6) 15 contact hours of troubleshooting of defective hearing instruments;(7) 20 contact hours of case history with actual clients;(8) 10 contact hours regarding the laws governing the licensing of persons fitting and dispensing hearing instruments and federal Food and Drug Administration and Federal Trade Commission regulations relating to the fitting and dispensing of hearing instruments; and(9) 20 contact hours of supplemental work in one or more of the areas described by paragraphs (1) through (8).(h) Pursuant to Texas Occupations Code §402.254, in addition to the contact hours under subsection (g), a temporary training permit holder shall complete at least 10 contact hours of masking under the direct supervision of the supervisor.(i) Pursuant to Texas Occupations Code §402.255(d), the supervisor shall maintain a log of the contact hours by practicum category on a form and in a manner prescribed by the department. After the temporary training permit holder has completed the 150 contact hours under subsection (g), the supervisor and the permit holder shall submit verification of compliance to the department, in a manner prescribed by the department.(j) Pursuant to Texas Occupations Code §402.255(e), a supervisor may not supervise more than two temporary training permit holders at one time.(k) A supervisor may delegate training activities of a temporary training permit holder to another license holder. The supervisor shall be responsible for the day-to-day supervision of a temporary training permit holder. The supervisor shall also be ultimately responsible for services provided to a client by the temporary training permit holder. A supervisor shall not delegate the responsibility of supervision.(l) Notwithstanding the supervision provisions in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.", "sourceNote": "Source Note: The provisions of this §112.53 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2019, 44 TexReg 2155; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201002", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "G", "label": "FINANCIAL SECURITY REQUIREMENTS" }, "rule": { "number": "§112.60", "label": "Filing Surety Bond or Other Form of Financial Security" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201003", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A sole proprietor, partnership, corporation, or other legal entity engaged in the fitting and dispensing of hearing instruments must file with the department financial security in a form provided by subsection (c), in the amount of $10,000 and conditioned on the promise to pay all:(1) taxes and contributions due to the state and political subdivisions of the state by the sole proprietor, partnership, corporation, or other legal entity; and(2) judgments that the sole proprietor, partnership, corporation, or other legal entity may be required to pay for negligently or improperly dispensed hearing instruments or for breaching a contract relating to the dispensing of hearing instruments.(b) The financial security covers the actions, conduct, or liability of the sole proprietor, partnership, corporation, or other legal entity and the license holders employed by that entity as prescribed under Occupations Code §402.405 and §112.61.(c) A sole proprietor, partnership, corporation, or other legal entity must file with the department one of the following acceptable forms of financial security in the amount required in subsection (a):(1) a surety bond issued by an authorized entity;(2) a deposit of cash;(3) a certificate of deposit that is issued by a qualified financial institution, assigned to the executive director, and for the benefit of the department; or(4) an original letter of credit acceptable to the department that:(A) is irrevocable;(B) is issued by a qualified financial institution which is financially responsible in the amount of the letter of credit;(C) does not require examination of the performance of the underlying transaction between the department and the license holder;(D) is payable to the department on demand or within a reasonably brief period of time after presentation of all required documents; and(E) does not include any condition that makes payment to the department contingent upon the consent of or other action by the license holder or other party.(d) A sole proprietor, partnership, corporation, or other legal entity must file the financial security with the department at the following times and in the manner prescribed in the following sections:(1) for an employee's initial license application as prescribed under §112.30 or §112.33;(2) for an employee's first license renewal on or after September 1, 2020, as prescribed under §112.32; and(3) for a new employee who provides notice of change in employment as prescribed under §112.91.(e) The financial security must be received on or before the date of issuance of the employee's license.(f) A person to whom the Act does not apply pursuant to Texas Occupations Code §402.003 is not required to file financial security under this section.(g) Financial security required under this section remains in effect until canceled by action of the surety, the principal, or the department. Notice of cancellation must be provided to the department no later than thirty (30) days prior to cancellation.", "sourceNote": "Source Note: The provisions of this §112.60 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201003", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "G", "label": "FINANCIAL SECURITY REQUIREMENTS" }, "rule": { "number": "§112.61", "label": "Recovery on Surety Bond or Other Form of Financial Security" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224923", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purchaser of a hearing instrument may rescind the purchase and recover funds as provided by Texas Occupations Code §402.404 and §112.60 for:(1) a material misstatement of fact or misrepresentation by a license holder employed by an entity regarding the instrument or services to be provided by the license holder that was relied on by the purchaser or that induced the purchaser to purchase the instrument;(2) the failure by the entity to provide the purchaser with an instrument or with fitting and dispensing services that conform to the specifications of the purchase agreement;(3) the diagnosis of a medical condition unknown to the purchaser at the time of the purchase that precludes the purchaser's use of the instrument;(4) the failure by the entity to remedy a significant material defect of the instrument within a reasonable time;(5) the provision by the entity of fitting and dispensing services that are not in accordance with accepted industry practices; or(6) the failure by a license holder employed by the entity to meet the standards of conduct prescribed by Occupations Code Chapter 402 or this chapter that adversely affects the transactions between the purchaser and the license holder or the entity.(b) The purchaser of a hearing instrument must file a claim with the department to recover funds from the financial security submitted to the department under §112.60.", "sourceNote": "Source Note: The provisions of this §112.61 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224923", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "H", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§112.70", "label": "Continuing Education--Hours, Courses, and Methods of Delivery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201004", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to a hearing instrument fitter and dispenser license holder.(b) Except as provided under subsection (i), a license holder must complete 20 continuing education hours during each license term. The hours may be completed through the continuing education methods prescribed under subsections (c) – (g).(c) A license holder may earn the required continuing education hours by completing continuing education courses offered in-person, online, or virtually. The following conditions apply:(1) A continuing education course must be provided by a continuing education provider that holds a current department registration.(2) A license holder may not receive more than 10 hours of continuing education credit per license term from online courses offered by registered continuing education providers. Virtual courses are not considered to be online courses.(3) A license holder may not receive more than 10 hours of continuing education credit per license term from in-person, online, or virtual courses offered by registered manufacturer continuing education providers.(4) A license holder will not receive credit for completing the same continuing education course more than once during the same license term. If a provider offers the same course content through different methods of delivery (in-person, online, or virtual), the course is considered to be the same course.(5) A license holder will not receive credit unless the license holder attended the full continuing education course. A license holder who is late or who leaves early will not receive credit for attending the continuing education course. There is no partial credit for attending less than the full course.(d) A license holder may be credited with continuing education hours for a published book or article written by the license holder that contributes to the license holder's professional competence.(1) The department may approve credit hours based on the degree that the published book or article advanced knowledge regarding the fitting and dispensing of hearing instruments.(2) A license holder may not receive more than 5 hours of continuing education credit per license term for preparation of the published books or articles under this subsection.(e) A license holder may be credited with continuing education hours for completion of academic courses at an accredited college or university in areas directly supporting development of skills and competence in the fitting and dispensing of hearing instruments. (1) To receive credit for completion of academic work, the license holder must submit an official transcript(s) from accredited school(s) showing completion of hours in appropriate areas for which the license holder received a passing grade.(2) A license holder may not receive more than the total number of academic credit hours earned per license term for the completion of academic courses at an accredited college or university in areas directly supporting development of skills and competence in the fitting and dispensing of hearing instruments.(f) A license holder may be credited with continuing education hours for participating in or teaching programs directly related to the fitting and dispensing of hearing instruments, which are offered by an accredited college or university.(1) These programs may include institutes, seminars, workshops, or conferences, but not academic courses for students.(2) To receive credit for participating in or teaching programs, the license holder must submit to the department evidence sufficient to prove a direct relation between teaching programs claimed for continuing education credit directly relate to the fitting and dispensing of hearing instruments. The department resolves all questions of evidentiary sufficiency.(3) A license holder may not receive more than 5 hours of continuing education credit per license term for participating in or teaching programs under this subsection.(g) A license holder may be credited with in-person continuing education hours by serving as a proctor for the practical test, not to exceed one hour of in-person continuing education credit for each test date and with a maximum of four hours of in-person continuing education credit earned each license term.(h) The department will not approve continuing education credit for any license holder for: (1) education incidental to the regular professional activities of a license holder such as knowledge gained through experience or research;(2) organization activity such as serving on committees or councils or as an officer in a professional organization; and(3) any program which is not described in, or in compliance with, this section.(i) Pursuant to Texas Occupations Code §402.305, the department may renew the license of a license holder who has not complied with the continuing education requirements if the license holder:(1) submits proof from an attending physician that the license holder suffered a serious disabling illness or physical disability that prevented compliance with the continuing education requirements during the 24 months before the end of the license term; or(2) was licensed for the first time during the 24 months before the end of the license term.", "sourceNote": "Source Note: The provisions of this §112.70 adopted\r\nto be effective May 15, 2025, 50 TexReg 2779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201004", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "H", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§112.71", "label": "Continuing Education--Records and Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224924", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall employ an audit system for continuing education reporting. The license holder shall be responsible for maintaining a record of the license holder's continuing education experiences. The certificates, diplomas, or other documentation verifying earning of continuing education hours are not to be forwarded to the department at the time of renewal unless the license holder has been selected for audit.(b) The audit process shall be as follows.(1) The department shall select for audit a random sample of license holders for each renewal month. License holders will be notified of the continuing education audit when they receive their renewal documentation.(2) If selected for an audit, the license holder shall submit copies of certificates, transcripts or other documentation satisfactory to the department, verifying the license holder's attendance, participation and completion of the continuing education. All documentation must be provided at the time of renewal.(3) Failure to timely furnish this information or providing false information during the audit process or the renewal process are grounds for disciplinary action against the license holder.(4) A license holder who is selected for continuing education audit may renew through the online renewal process. However, the license will not be considered renewed until required continuing education documents are received, accepted and approved by the department.(5) Licenses will not be renewed until the continuing education requirements have been met.(c) The license holder shall be responsible for maintaining a record of the license holder's continuing education experiences until the next renewal is completed.", "sourceNote": "Source Note: The provisions of this §112.71 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224924", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "H", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§112.73", "label": "Continuing Education Provider--Registration Requirement and Application." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224925", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A continuing education provider must be registered by the department to offer or provide continuing education courses for the Hearing Instrument Fitters and Dispensers program. An applicant for a continuing education provider registration shall meet the requirements set out in this subchapter.(b) Unless otherwise indicated, an applicant must submit all required information in a form and manner prescribed by the department. (c) To apply for a continuing education provider registration, a person must:(1) submit a completed application in a form and manner prescribed by the department;(2) specify whether the applicant is seeking to be registered as a manufacturer or a non-manufacturer continuing education provider;(3) specify the method(s) of delivering continuing education courses (online, in-person, or virtual);(4) provide a brief description of the applicant's capability in developing and instructing continuing education courses;(5) provide a business plan with clearly defined purposes such as policies on inclement weather, refunds, and cancellations; and(6) pay the provider initial application fee under §112.110. (d) The courses provided by a continuing education provider must:(1) include subject matter to increase or support the development of skills and competence in the fitting and dispensing of hearing instruments or in studies or disciplines related to fitting and dispensing of hearing instruments;(2) have objectives of specific information and skills to be learned; and(3) use educational methods and materials and qualified instructors and presenters to adequately implement learner objectives.(e) An applicant must complete all registration requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.", "sourceNote": "Source Note: The provisions of this §112.73 adopted to be\r\neffective May 15, 2025, 50 TexReg 2779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224925", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "H", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§112.74", "label": "Continuing Education Provider--Issuance of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224926", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will issue an applicant, whose application has been approved, a registration containing the registered provider's name, registration number, and expiration date.(b) A continuing education provider registration issued by the department remains the property of the department.(c) The department will issue a duplicate registration upon written request by the provider, in a form and manner prescribed by department, and upon payment of the duplicate/replacement fee under §112.110.", "sourceNote": "Source Note: The provisions of this §112.74 adopted to be\r\neffective May 15, 2025, 50 TexReg 2779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224926", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "H", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§112.75", "label": "Continuing Education Provider--Registration Term; Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224927", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provider registration is valid for two years from the date of issuance.(1) An initial provider registration is valid for one year if the initial registration was issued before May 1, 2025; or two years if the initial registration was issued on or after May 1, 2025.(2) A renewed provider registration is valid for one year if the renewed registration was issued before May 1, 2025; or two years if the renewed registration was issued on or after May 1, 2025.(b) To renew the continuing education provider registration, the provider must:(1) submit a completed renewal application in a form and manner prescribed by the department; and(2) pay the provider registration renewal fee under §112.110. (c) If the registration is not renewed on or before the expiration date, the registration expires. The continuing education provider may not offer or provide continuing education courses with an expired registration.(d) A person whose registration has expired may renew the registration in accordance with 16 TAC §60.31 and §60.83. The continuing education provider is subject to late renewal fees.(e) A list of registered continuing education providers will be available through a search function on the department's website.", "sourceNote": "Source Note: The provisions of this §112.75 adopted to be\r\neffective May 15, 2025, 50 TexReg 2779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224927", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "H", "label": "CONTINUING EDUCATION REQUIREMENTS" }, "rule": { "number": "§112.76", "label": "Continuing Education Provider--Provider Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190719", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registered provider must comply with all continuing education requirements set out in this subchapter.(b) Advertisements. A registered provider may advertise as a registered continuing education provider for the Hearing Instrument Fitters and Dispensers program. A registered provider must include in all advertisements for a continuing education course the provider's registration number assigned to it by the department. A registered provider's website announcements concerning courses are considered advertisements for purposes of this rule.(c) Credit hours. A registered provider will determine the number of hours of continuing education credit for a course. One hour of continuing education credit is equivalent to at least 50 minutes of actual instruction time.(d) Delivery and administration of the courses.(1) A registered provider must ensure that courses are delivered in a manner conducive to learning.(2) If a registered provider offers the same course content through different methods of delivery (in-person, online, or virtual), the course is considered to be the same course.(3) A registered provider must ensure that instructors possess both the subject matter knowledge they are teaching as well as the teaching ability required to impart the information.(4) A registered provider is responsible for the conduct and administration of its courses, including the punctuality of classroom sessions, verification of participant attendance, and instructor performance. (e) Validation for online and virtual courses.(1) A registered provider shall maintain a method to validate the identity of the person taking the course.(2) A registered provider shall incorporate a course content validation process that verifies a person's participation and comprehension of course material.(f) Certificate of Completion. No later than 20 days after the date of the course, a registered provider shall issue a certificate of completion to each participant who attended and completed the entire continuing education course. The certificate of completion shall contain:(1) the registered provider's name, registration number, and manufacturer or non-manufacturer status;(2) the name of the participant and participant's license or permit number;(3) the title of the course;(4) the date and location of the course;(5) the subject(s) included in the course;(6) the delivery method of the course (in-person, online, or virtual);(7) the number of continuing education credit hours given; and(8) the signature of the registered provider.(g) A registered provider shall not provide a certificate of completion to a participant who did not attend or complete the full continuing education course. A participant who is late or who leaves early will not receive credit for attending the continuing education course.(h) A registered provider must maintain attendance and course completion records of all continuing education activities for a period of five years after completion of a course.(i) The department may conduct an onsite or online audit of the continuing education courses offered by a provider.(1) Audits may be conducted without prior notice to the provider, and department employees and representatives may enroll and attend a course without identifying themselves as employees or representatives of the department.(2) Upon request, a provider shall provide information, including copies of specified records, to the department within 10 days of the date of the request.(3) A provider shall cooperate fully with the department, its employees and representatives in the investigation of a complaint or performance of an audit.(j) Violations. Any of the following actions by a registered provider is a violation of this chapter and may result in the assessment of administrative penalties and/or administrative sanctions against the registered provider:(1) issuing a certificate of completion to an individual who did not complete the continuing education course;(2) refusing to issue a certificate of completion to an individual who has satisfactorily completed a continuing education course;(3) fraud or misrepresentation in an application for a provider registration;(4) fraud or misrepresentation regarding maintenance of records, teaching method, program content, or issuance of certificates; or(5) failing to cooperate with the department in an investigation or audit.", "sourceNote": "Source Note: The provisions of this §112.76 adopted\r\nto be effective May 15, 2025, 50 TexReg 2779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190719", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "I", "label": "RESPONSIBILITIES OF THE COMMISSION AND THE DEPARTMENT" }, "rule": { "number": "§112.80", "label": "Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178466", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to the authority under Texas Occupations Code §51.203, the commission shall adopt rules necessary to implement the Hearing Instrument Fitters and Dispensers program. Pursuant to §60.22 of this title, the department is authorized to propose rules.(b) The commission has adopted rules governing changes to the standard of practice rules pursuant to §51.2031. These rules are located at 16 TAC Chapter 100.", "sourceNote": "Source Note: The provisions of this §112.80 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178466", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE LICENSEE" }, "rule": { "number": "§112.90", "label": "General Responsibilities of the Licensee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201005", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All licensees are bound by the provisions of the Act and this chapter.(b) A licensee shall report alleged violations of the Act or this chapter to the department.(c) A licensee shall cooperate with the department by furnishing required documents or information and by responding to a request for information from a subpoena issued by the executive director or the department.(d) A licensee shall comply with any order issued by the commission or the department relating to the licensee.(e) A licensee shall not interfere with an investigation by the willful misrepresentation of facts to the department or its authorized representative or by the use of threats or harassment against any person.", "sourceNote": "Source Note: The provisions of this §112.90 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201005", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE LICENSEE" }, "rule": { "number": "§112.91", "label": "Change of Name, Address or Other Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216103", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder or permit holder must notify the department in writing within thirty (30) days of any changes of name, address, telephone number, or employment.(b) If a license holder changes employment, the financial security on file with the department must be updated within thirty (30) days of the license holder's change in employment. The updated financial security may be filed as follows:(1) The license holder's new employer, who is subject to §112.60, must provide the license holder with a surety bond or other acceptable form of financial security. The license holder must submit the surety bond or other financial security to the department with the change in employment notice.(2) As an alternative to subsection (b)(1), the license holder's new employer, who is subject to §112.60, may submit the surety bond or other acceptable form of financial security directly to the department on behalf of itself and the license holder. The new employer must submit the prescribed form that identifies the license holder who is covered under the surety bond or other financial security.", "sourceNote": "Source Note: The provisions of this §112.91 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216103", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE LICENSEE" }, "rule": { "number": "§112.92", "label": "Consumer Information and Client Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178467", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall inform each client of the name, address, website address, and telephone number of the department for the purpose of filing a complaint or reporting violations of the Act or this chapter on:(1) each written contract for services; and(2) a sign prominently displayed in the primary place of business.(b) A licensee or a hearing instrument fitting and dispensing practice shall provide to a client, who provides a signed, written request, a copy of the client's records that pertain to the testing for, and fitting and dispensing of, hearing instruments.", "sourceNote": "Source Note: The provisions of this §112.92 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective January 1, 2024, 48 TexReg 8366." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178467", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE LICENSEE" }, "rule": { "number": "§112.93", "label": "Display of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178470", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall:(1) prominently display the current license issued by the department in the primary place of business;(2) not display a license issued by the department which has been reproduced or is expired, suspended, or revoked; and(3) not make any alterations on a license issued by the department.(b) The department shall issue a renewal card to a licensee who has met all the requirements for renewal. The licensee must display the renewal card in association with the license.", "sourceNote": "Source Note: The provisions of this §112.93 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178470", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE LICENSEE" }, "rule": { "number": "§112.94", "label": "False, Misleading or Deceptive Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190721", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee may not engage in false, misleading or deceptive advertising in accordance with Texas Occupations Code §402.103.", "sourceNote": "Source Note: The provisions of this §112.94 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190721", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE LICENSEE" }, "rule": { "number": "§112.95", "label": "Information on Prospective Amplification Candidates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216104", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder shall try to obtain information on each prospective candidate for amplification in accordance with Texas Occupations Code §402.352.", "sourceNote": "Source Note: The provisions of this §112.95 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE LICENSEE" }, "rule": { "number": "§112.96", "label": "Conditions of Sale" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178472", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder or permit holder shall comply with the federal regulations adopted by the U.S. Food and Drug Administration at Title 21 Code of Federal Regulations §801.422. A link to the federal regulations will be available online through the department's website.", "sourceNote": "Source Note: The provisions of this §112.96 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective January 1, 2024, 48 TexReg 8366." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178472", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE LICENSEE" }, "rule": { "number": "§112.97", "label": "Sound-Level Measurements - Audiometers and Audiometric Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201006", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Audiometers and audiometric testing devices shall meet the current standards of the American National Standards Institute (ANSI) or the International Electrotechnical Commission.(b) Audiometric testing not conducted in a stationary acoustical enclosure.(1) A notation shall be made on the hearing test if testing was not done in a stationary acoustical enclosure. Sound-level measurements must be conducted at the time of the testing to ensure that ambient noise levels meet permissible standards for testing threshold to 20 dB based on the most current ANSI \"ear covered\" octave band criteria for Permissible Ambient Noise Levels During Audiometric Testing, or the test environment shall have a maximum allowable ambient noise level of 42 dBA.(2) Ambient noise level of the location of the audiometric testing, if not done in a stationary acoustical enclosure, shall include a notation on the hearing test of the following items:(A) type(s) of equipment used to determine ambient noise level;(B) model and serial number of equipment used to determine ambient noise level;(C) date of last calibration of equipment used to determine ambient noise level; and(D) the ambient noise level of the test environment.(c) Audiometric testing conducted in a stationary acoustical enclosure.(1) A notation shall be made on the hearing test if testing was done in a stationary acoustical enclosure.(2) A stationary acoustical enclosure includes, but is not limited to, an audiometric test room.(A) An audiometric test room is any enclosed space in which a listener is located for the purpose of testing hearing. An audiometric test room may also be known as:(i) an audiometric test area;(ii) a hearing test space; or(iii) a hearing test room.(B) An example of an audiometric test room would be a prefabricated room known as:(i) an audiometric test booth;(ii) a suite; or(iii) a sound treated room.", "sourceNote": "Source Note: The provisions of this §112.97 adopted to be effective October 1, 2016, 41 TexReg 4458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201006", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE LICENSEE" }, "rule": { "number": "§112.98", "label": "Code of Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224928", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section is to establish the standards of professional and ethical conduct required of a license holder or permit holder and constitutes a code of ethics. It is the responsibility of all license holders and permit holders to uphold the highest standards of integrity and ethical principles.(b) A license holder or permit holder of hearing instruments must observe and comply with the code of ethics and standards of practice set forth in this chapter. Any violation of the code of ethics or standards of practice will constitute unethical conduct or conduct that discredits the profession of the dispensing and fitting of hearing instruments and is grounds for disciplinary action.(c) A license holder or permit holder shall:(1) offer only those services that are within the person's professional competency;(2) comply with client confidentiality rights within the limits established by the law;(3) refer a client for those services that the license holder or permit holder is unable to provide;(4) comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA);(5) ensure that all equipment used is in proper working order and is properly calibrated; and(6) comply with any order relating to the license holder or permit holder which is issued by the commission or executive director.(d) A license holder or permit holder shall not:(1) falsify records;(2) refuse to provide services solely on the basis of a client's age, gender, race, color, religion, national origin, or disability;(3) misrepresent the person's professional credentials or qualifications;(4) engage in sexual contact or sexual exploitation with a client. Sexual contact means the behaviors and activities described in the Texas Penal Code, §21.01 (relating to Sexual Offenses; Definitions). Sexual exploitation means a pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal, sexual gratification, or sexual abuse;(5) provide services while impaired due to the use of medication, drugs, or alcohol, or a physical or mental health condition; or(6) interfere with an investigation or disciplinary proceeding by willful misrepresentation or omission of facts to the department or the department's designee or by the use of threats or harassment against any person.", "sourceNote": "Source Note: The provisions of this §112.98 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224928", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "L", "label": "FEES" }, "rule": { "number": "§112.110", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201008", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fees paid to the department are nonrefundable.(b) Hearing Instrument Fitter and Dispenser License:(1) Initial application fee (includes two-year initial license)--$205;(2) Renewal application fee (for two-year license)--$205;(c) Apprentice Permit:(1) Initial application fee (includes one-year permit)--$205; (2) Extension fee (one-year term, may only be extended once)--$25;(d) Temporary Training Permit:(1) Initial application fee (includes one-year permit)--$205; (2) Extension fee (one-year term, may only be extended once)--$25;(e) The fees for the written test, the practical test, and the jurisprudence test are set by and payable to the department's designees.(f) Continuing Education Provider Registration:(1) Initial application fee--$200 before May 1, 2025; $400 on or after May 1, 2025.(2) Renewal application fee--$200 before May 1, 2025; $400 on or after May 1, 2025.(g) A duplicate/replacement fee for a license or permit issued under this chapter is $25.(h) Late renewal fees for licenses and permits issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(i) A dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).(j) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).", "sourceNote": "Source Note: The provisions of this §112.110 adopted to\r\nbe effective October 1, 2016, 41 TexReg 4458; amended to be effective\r\nMay 1, 2018, 43 TexReg 2564; amended to be effective September 1,\r\n2020, 45 TexReg 6096; amended to be effective May 15, 2025, 50 TexReg\r\n2779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201008", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§112.120", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201009", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission has adopted rules related to handling complaints regarding standard of care pursuant to Texas Occupations Code §51.2031. These rules are located at 16 Texas Administrative Code Chapter 100.(b) A qualified person may assist the department in the review and investigation of complaints and will be immune from liability related to these activities pursuant to Texas Occupations Code §51.252.(c) The provisions regarding the confidentiality of complaint and disciplinary information are provided under Texas Occupations Code §51.254.", "sourceNote": "Source Note: The provisions of this §112.120 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective May 1, 2018, 43 TexReg 2564; amended to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201009", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§112.121", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201010", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code, Chapters 51 or 402, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 51 and 402, as applicable, and any associated rules.", "sourceNote": "Source Note: The provisions of this §112.121 adopted to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201010", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§112.122", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201011", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 402 and any associated rules may be used to enforce Texas Occupations Code, Chapter 402 and this chapter.", "sourceNote": "Source Note: The provisions of this §112.122 adopted to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201011", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§112.123", "label": "Refund for Hearing Instrument" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201012", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission or executive director may order a license holder to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period described in the Act and in this chapter.", "sourceNote": "Source Note: The provisions of this §112.123 adopted to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201012", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§112.124", "label": "Surrender of a License or Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201013", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surrender by license holder or permit holder.(1) A license holder or permit holder may at any time voluntarily offer to surrender the person's license or permit for any reason.(2) If no complaint is pending, the executive director shall accept and void the surrendered license or permit immediately.(b) Formal disciplinary action.(1) When a license holder or permit holder has offered the surrender of the person's license or permit after a complaint has been filed, the executive director shall accept and void the surrendered license or permit immediately.(2) When the executive director has accepted such a surrender, the surrender is deemed to be the result of a formal disciplinary action and an order accepting the surrender may be prepared.(c) Reinstatement. A license or permit which has been surrendered may not be reinstated; however, a person may apply for a new license or permit in accordance with the Act and this chapter.(d) This section does not apply to a license or permit that is subject to §112.125.", "sourceNote": "Source Note: The provisions of this §112.124 adopted to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201013", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§112.125", "label": "Automatic Denials and Revocations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207263", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall deny an application for a license or permit, and shall revoke a license or permit issued under Chapter 402, under the circumstances set forth in Texas Occupations Code, Chapter 108, Subchapter B.(b) A person whose application for a license or permit has been denied, or whose license or permit has been revoked, pursuant to Texas Occupations Code, Chapter 108, Subchapter B, may reapply or seek reinstatement as provided by that subchapter.", "sourceNote": "Source Note: The provisions of this §112.125 adopted to be effective September 1, 2020, 45 TexReg 6096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207263", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "N", "label": "TELEHEALTH" }, "rule": { "number": "§112.130", "label": "Definitions Relating to Telehealth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207264", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the context clearly indicates otherwise, the following words and terms, when used in this subchapter, shall have the following meanings.(1) Client--A consumer or proposed consumer of services.(2) Client site--The physical location of the client at the time the telehealth services are being provided.(3) Facilitator--An individual at the client site who assists with the delivery of the telehealth services at the direction of the provider.(4) In-person--The provider is physically present with the client while a client contact or service is performed.(5) Provider--An individual who holds a current hearing instrument fitter and dispenser license under Texas Occupations Code, Chapter 402; an individual who holds a current apprentice permit under Texas Occupations Code, Chapter 402; or an individual who holds a current temporary training permit under Texas Occupations Code, Chapter 402 and has completed the direct supervision training requirements.(6) Provider site--The physical location of the provider at the time the telehealth services are provided which is distant or remote from the client site.(7) Telecommunications--Interactive communication at a distance by concurrent and synchronous two-way transmission, using telecommunications technology, of information, including, without limitation, sound, visual images, and/or computer data, between the client site and the provider site, and required to occur without a change in the form or content of the information, as sent and received, other than through encoding or encryption of the transmission itself for purposes of and to protect the transmission.(8) Telecommunications technology--Computers, smart phones, and equipment, other than analog telephone, email or facsimile technology and equipment, used or capable of use for purposes of telecommunications. For purposes of this subchapter, the term includes, without limitation:(A) compressed digital interactive video, audio, or data transmission;(B) clinical data transmission using computer imaging by way of still-image capture and storage and forward;(C) smart phones, or any audio-visual, real-time, or two-way interactive communication system; and(D) other technology that facilitates the delivery of telehealth services.(9) Telehealth--The use of telecommunications and information technologies for the exchange of information from one site to another for the provision of services to a client from a provider, including for assessments, interventions, or consultations regarding a client or for the fitting and dispensing of hearing instruments. Telehealth is also referred to as telepractice.(10) Telehealth services--The assessment, intervention, and/or consultation including the fitting and dispensing of hearing instruments through telehealth to a client who is physically located at a site other than the site where the provider is located. Telehealth services is also referred to as telepractice services.", "sourceNote": "Source Note: The provisions of this §112.130 adopted to be effective December 30, 2021, 46 TexReg 9025." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207264", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "N", "label": "TELEHEALTH" }, "rule": { "number": "§112.132", "label": "Requirements for Providing Telehealth Services and Using Telehealth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216105", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) Except where noted, this subchapter applies to hearing instrument fitters and dispensers, apprentice permit holders, and temporary training permit holders, as authorized under this subchapter.(2) Except to the extent it imposes additional or more stringent requirements, this subchapter does not affect the applicability of any other requirement or provision of law to which an individual is otherwise subject under this chapter or other law.(b) Licensure and Scope of Practice.(1) An individual shall not provide telehealth services to a client in the State of Texas, unless the individual holds a license or permit issued by the department and qualifies as a provider as that term is defined in this subchapter, or is otherwise legally authorized to do so.(2) A provider may provide only those telehealth services that are within the course and scope of the provider's license or permit and competence, and delivered in accordance with the requirements of that license or permit and pursuant to the terms and conditions set forth in this chapter.(3) A provider who is an apprentice permit holder may provide telehealth services under their approved supervisor's license according to the supervision requirements under 16 TAC §112.43.(4) A provider who is a temporary training permit holder may provide telehealth services, as directed by their supervisor, according to the temporary training permit holder requirements under Texas Occupations Code, Chapter 402, Subchapter F and 16 TAC §112.53. A provider who is a temporary training permit holder may only provide telehealth services after the direct supervision training requirements are completed.(c) Competence and Standard of Practice (Code of Ethics).(1) A provider of telehealth services shall be competent in both the type of services provided and the methodology and equipment used to provide the service.(2) A provider shall comply with the code of ethics and scope of practice requirements in this chapter when providing telehealth services.(3) The scope, nature, and quality of the services provided via telehealth shall be the same as the services provided in-person.(4) A provider shall determine whether a particular service or procedure is appropriate to be provided via telehealth. A provider shall not provide a service or procedure via telehealth if it is not appropriate or cannot be provided at the same standard of care as if it were provided in-person.(5) As pertaining to liability and malpractice issues, a provider providing telehealth services shall be held to the same standards of practice as if the services were provided in person.(d) Facilitators.(1) Subject to the requirements and limitations of this subchapter, a provider may utilize a facilitator at the client site to assist the provider in providing telehealth services.(2) A provider shall document whether a facilitator is used in providing telehealth services. If a facilitator is used, the provider shall document the tasks in which the facilitator provided assistance.(3) Before allowing a facilitator to assist the provider in providing telehealth services, the provider shall ascertain and document the facilitator's qualifications, training, and competence, as appropriate and reasonable, in:(A) each task the provider directs the facilitator to perform at the client site; and(B) the methodology and equipment the facilitator is to use at the client site.(4) The facilitator may perform at the client site only the following tasks:(A) a task for which the facilitator holds and acts in accordance with any license, permit, authorization, or exemption required by law to perform the task; and(B) those physical, administrative, and other tasks for which a provider determines a facilitator is competent to perform in connection with providing telehealth services, for which no form of license, permit, authorization, or exemption is required by law.(5) A provider is responsible for the actions of the facilitator and shall monitor the client and oversee and direct the facilitator at all times during the telehealth session.(6) A provider shall not provide telehealth services to a client if the presence of a facilitator is required for safe and effective service to the client and no qualified facilitator is available.(e) Technology and Equipment.(1) The provider shall use only telecommunications technology, as defined in this subchapter, to provide telehealth services. Modes of communication that do not utilize such telecommunications technology, including analog telephone, facsimile, and email, may be used only as adjuncts.(2) A provider shall only utilize telecommunications technology and other equipment that the provider is competent to use as part of the provider's telehealth services.(3) The provider shall not provide telehealth services unless the telecommunications technology and equipment located at the client site and at the provider site:(A) are appropriate to the telehealth services to be provided;(B) are properly calibrated, if appropriate, and in good working order; and(C) are of sufficient quality to allow the provider to deliver equivalent service and quality to the client as if those services were provided in person at the same physical location.(f) Client Contacts and Communications.(1) The initial contact between a provider and client may be at the same physical location or through telehealth, as determined appropriate by the provider.(2) A provider shall consider relevant factors including the client's behavioral, physical, and cognitive abilities in determining the appropriateness of providing services via telehealth.(3) A provider shall be aware of the client's level of comfort with the technology being used as part of the telehealth services.(4) A provider shall be sensitive to cultural and linguistic variables that affect the identification, assessment, treatment, and management of the clients(5) Notification of telehealth services shall be provided to the client, the guardian, the caregiver, and the multi-disciplinary team, if appropriate. The notification shall include, but not be limited to: the right to refuse telehealth services, options for service delivery, and instructions on filing and resolving complaints.(g) Records and Billing.(1) A provider of telehealth services shall comply with all laws, rules, and regulations governing the maintenance of client records, including client confidentiality requirements.(2) Documentation of telehealth services shall include documentation of the date and nature of services performed by the provider through telehealth and the assistive tasks of the facilitator, if used.(3) A provider is allowed to provide telehealth services in accordance with this subchapter, but reimbursement of telehealth services is subject to the reimbursement policies of the entity being billed.(h) Hearing Instruments. Hearing instruments may be adjusted digitally through the use of telecommunications technology by a provider who provides telehealth services under this subchapter.", "sourceNote": "Source Note: The provisions of this §112.132 adopted to be effective December 30, 2021, 46 TexReg 9025." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216105", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "112", "label": "HEARING INSTRUMENT FITTERS AND DISPENSERS" }, "subchapter": { "number": "O", "label": "JOINT RULE REGARDING THE SALE OF HEARING INSTRUMENTS" }, "rule": { "number": "§112.140", "label": "Requirements Regarding the Sale of Hearing Instruments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220025", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter constitutes the rules required by Texas Occupations Code §401.2021 and §402.1021 to be adopted by the commission with the assistance of the Speech-Language Pathology and Audiology Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board. The requirements of this subchapter shall be repealed or amended only through consultation with, and mutual action by, both advisory boards.(b) Guidelines for a 30 consecutive day trial period for a hearing instrument.(1) All clients shall be informed of a 30 consecutive day trial period by written contract for services related to a hearing instrument. All charges associated with such trial period shall be included in this written contract for services, which shall include the name, address, and telephone number of the department.(2) Any client purchasing one or more hearing instruments shall be entitled to a refund of the purchase price advanced by the client for the hearing instrument(s), less the agreed-upon amount associated with the trial period, upon return of the instrument(s), in good condition to the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder within the trial period ending 30 consecutive days from the date of delivery. Should the order be canceled by the client prior to the delivery of the hearing instrument(s), the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder may retain the agreed-upon charges and fees as specified in the written contract for services. The client shall receive the refund due no later than the 30th day after the date on which the client cancels the order or returns the hearing instrument(s), in good condition, to the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder.(3) Should the hearing instrument(s) have to be returned to the manufacturer for repair or remake during the trial period, the 30 consecutive day trial period begins anew. The trial period begins on the day the client reclaims the repaired/remade hearing instrument(s). The expiration date of the new 30 consecutive day trial period shall be made available to the client in writing, through an amendment to the original written contract. The amendment shall be signed by both the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder and the client.(4) On delivery of a new replacement hearing instrument(s) during the trial period, the serial number of the new instrument(s), the delivery date of the hearing instrument(s), and the date of the expiration of the 30 consecutive day trial period must be stated in writing.(5) If the date of the expiration of the 30 consecutive day trial period falls on a holiday, weekend, or a day the business is not open, the expiration date shall be the first day the business reopens.(c) Upon the sale of any hearing instrument(s) or change of model or serial number of the hearing instrument(s), the owner shall ensure that each client receives a written contract that contains:(1) the date of sale;(2) the make, model, and serial number of the hearing instrument(s);(3) the name, address, and telephone number of the principal place of business of the license or permit holder who dispensed the hearing instrument;(4) a statement that the hearing instrument is new, used, or reconditioned;(5) the length of time and other terms of the guarantee and by whom the hearing instrument is guaranteed;(6) a statement on or attached to the written contract for services, in no smaller than 10-point bold type, as follows: \"The client has been advised that any examination or representation made by a licensed hearing instrument dispenser or apprentice permit holder or temporary training permit holder in connection with the fitting and selling of the hearing instrument(s) is not an examination, diagnosis or prescription by a person duly licensed and qualified as a physician or surgeon authorized to practice medicine in the State of Texas and, therefore, must not be regarded as medical opinion or advice;\"(7) a statement on the face of the written contract for services, in no smaller than 10-point bold type, as follows: \"If you have a complaint against a licensed hearing instrument dispenser or apprentice permit holder or temporary training permit holder, you may contact the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, Telephone (512) 463-6599, Toll-Free (in Texas): (800) 803-9202, www.tdlr.texas.gov\";(8) the printed name, license type, signature and license or permit number of the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder who dispensed the hearing instrument;(9) the supervisor's name, license type, and license number, if applicable;(10) a recommendation for a follow-up appointment within thirty (30) days after the hearing instrument fitting;(11) the expiration date of the 30 consecutive day trial period under subsection (b); and(12) the dollar amount charged for the hearing instrument and the dollar amount charged for the return or restocking fee, if applicable.(d) Record keeping. The owner of the dispensing practice shall ensure that records are maintained on every client who receives services in connection with the fitting and dispensing of hearing instruments. Such records shall be preserved for at least five years after the date of the last visit. All of the business's records and contracts are solely the property of the person who owns the business. Client access to records is governed by the Health Insurance Portability and Accountability Act (HIPAA). The records must be available for the department's inspection and shall include, but are not limited to, the following:(1) pertinent case history;(2) source of referral and appropriate documents;(3) medical evaluation or waiver of evaluation if provided;(4) copies of written contracts for services and receipts executed in connection with the fitting and dispensing of each hearing instrument provided;(5) a complete record of hearing tests, and services provided; and(6) all correspondence specifically related to services provided to the client or the hearing instrument(s) fitted and dispensed to the client.(e) The written contract and trial period information provided to a client in accordance with this subchapter, orally and in writing, shall be in plain language designed to be easily understood by the average consumer.", "sourceNote": "Source Note: The provisions of this §112.140 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective January 1, 2024, 48 TexReg 8366." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220025", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.1", "label": "Authority and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198121", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter is promulgated under the authority of Texas Occupations Code, Chapters 51 and 605. Specific provisions within this chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 112, and 116; Texas Health and Safety Code, Chapter 185; and other applicable statutes.(b) In addition to this chapter, the rules under 16 TAC Chapter 60, Procedural Rules of the Commission and the Department, and 16 TAC Chapter 100, General Provisions for Health-Related Programs, are applicable to the Orthotists and Prosthetists program.", "sourceNote": "Source Note: The provisions of this §114.1 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective August 15, 2024, 49 TexReg 5950." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198121", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208718", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Orthotists and Prosthetists Act, Texas Occupations Code, Chapter 605.(2) Advisory board--The Orthotists and Prosthetists Advisory Board.(3) Ancillary patient care service--Includes the clinical and technical activities associated with the provision of prosthetic and orthotic services except critical care events.(4) Assistant patient care service--Includes comprehensive orthotic patient care (initial patient assessment, prescription development and recommendation, appropriate patient education and training and final evaluation and assessment of fit and function of custom fitted and off-the-shelf orthotic devices) involving pedorthics, compression garments, non-custom fabricated orthoses (except those used to treat scoliosis or an unstable fracture or dislocation), and knee orthoses; and comprehensive prosthetic care involving compression garments, when provided under the appropriate supervision of a practitioner licensed in the practice area in which the service is being provided.(5) Board--The Orthotists and Prosthetists Advisory Board.(6) CAAHEP--The Commission on Accreditation of Allied Health Education Programs.(7) Clinical residency for an assistant--An assistant-level experience of at least 1,000 hours directly supervised by a practitioner.(8) Clinical residency for a professional--A professional practitioner-level experience supervised by a practitioner.(9) Commission--The Texas Commission of Licensing and Regulation.(10) Critical care events--Initial patient assessment, prescription development and recommendation, appropriate patient education and training and final evaluation and assessment of fit and function of the custom-fabricated prosthesis or orthosis.(11) Custom-fabricated--An orthosis or prosthesis designed, prescribed, fabricated, fitted and aligned for a specific individual in accordance with sound biomechanical principles.(12) Custom-fitted--An orthosis or prosthesis adjusted, prescribed, fitted and aligned for a specific individual in accordance with sound biomechanical principles.(13) Department--The Texas Department of Licensing and Regulation.(14) Direct supervision--Supervision provided to a clinical resident throughout the fitting and delivery process (which includes ancillary patient care services), including oversight of results and signing-off on all aspects of fitting and delivery.(15) Executive director--The executive director of the department.(16) Extensive orthotic practice--Includes the evaluation of patients with a wide range of lower limb, upper limb and spinal pathomechanical conditions; the taking of measurements and impressions of the involved body segments; the synthesis of observations and measurements into a custom orthotic design; the selection of materials and components; the fabrication of therapeutic or functional orthosis including plastic forming, metal contouring, cosmetic covering, and assembling; the fitting and assessment of the orthosis; the appropriate follow-up, adjustments, modifications and revisions in an orthotic facility; the training and instruction of patients in the use and care of the orthosis; and maintaining current encounter notes and patient records.(17) Extensive prosthetic practice--Includes the evaluation of patients with a wide range of upper and lower limb deficiencies; the taking of measurements and impressions of the involved body segments; the synthesis of observations and measurements into a custom prosthetic design; the selection of materials and components; the fabrication of functional prostheses including plastic forming, metal contouring, cosmetic covering, assembly, and aligning; the fitting and assessment of the prosthesis; the appropriate follow-up, adjustments, modifications and revisions in a prosthetic facility; the training and instruction of patients in the use and care of the prosthesis; and maintaining current encounter notes and patient records.(18) Health care professional--A chiropractor, podiatrist, or advanced practice registered nurse or physician assistant acting under the delegation and supervision of a licensed physician as provided by Texas Occupations Code, Chapter 157, Subchapter B and rules adopted by the Texas Medical Board.(19) Indirect supervision--Supervision provided to a licensed assistant or to a person in clinical residency for a professional by a practitioner who provides appropriate on-site supervision as approved by the accredited facility's practitioner in charge.(20) License--Includes a license, registration, certificate, or other authorization issued under the Act to engage in an activity regulated under the Act, excluding accreditation of a facility.(21) Licensed physician--A physician licensed and in good standing with the Texas Medical Board.(22) Licensee--Includes a person holding a current license or registration issued by the department, to engage in an activity regulated under the Act.(23) NCOPE--The National Commission on Orthotic and Prosthetic Education.(24) Off-the-shelf--A prescribed, prefabricated orthosis that requires minimal self-adjustment by the patient or by a personal caregiver(s) for appropriate use and does not require expertise in trimming, bending, molding, assembling, or customizing to fit to the individual.(25) Orthotic facility--A physical site, including a building or office, where the orthotic profession and practice normally take place.(26) Orthotist in charge--An orthotist who is designated on the application for accreditation as the person who has the authority and responsibility for the facility's compliance with the Act and rules concerning the practice of orthotics in the facility.(27) Patient education--Patient education involves information, instructions, training, and review for understanding that are provided to the patient or caregiver, including donning, doffing, use, care, sanitation, spinal and cranial orthotic training, upper extremity orthotic and prosthetic training, lower extremity orthotic and prosthetic gait training, normal wear and tear, schedule for continuing care, and indications for return to physician or health care professional.(28) Practitioner--A person licensed under the Act as a prosthetist, orthotist, or prosthetist/orthotist.(29) Practitioner in charge--The orthotist in charge, the prosthetist in charge, or the prosthetist/orthotist in charge.(30) Prosthetic facility--A physical site, including a building or office, where the prosthetic profession and practice normally take place.(31) Prosthetic/Orthotic facility--A physical site, including a building or office, where the prosthetic and orthotic professions and practices normally take place.(32) Prosthetist in charge--A prosthetist who is designated on the application for accreditation as the person who has the authority and responsibility for the facility's compliance with the Act and rules concerning the practice of prosthetics in the facility.(33) Prosthetist/Orthotist in charge--A prosthetist/orthotist who is designated on the application for accreditation as the person who has the authority and responsibility for the facility's compliance with the Act and rules concerning the practice of prosthetics and orthotics in the facility.(34) Safety manager--An employee of an accredited facility who is assigned to develop, carry out and monitor an accredited facility's safety program.(35) Technician--A person who fabricates, assembles, or services prostheses or orthoses under the direction of a licensed prosthetist, a licensed orthotist, a licensed prosthetist/orthotist, a licensed prosthetist assistant, licensed orthotist assistant, or licensed prosthetist/orthotist assistant responsible for the acts of the technician.(36) Voluntary charity care--The practice of a licensed practitioner without compensation or expectation of compensation.", "sourceNote": "Source Note: The provisions of this §114.10 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208718", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.20", "label": "Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208719", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless the context clearly indicates otherwise, use of the terms license, licensure, and licensing shall apply to both licenses and registrations.(b) Materials submitted in the licensure process become the property of the department and are not returnable.(c) Unless otherwise indicated an applicant must submit the following, as applicable to the license type for which the person is applying:(1) a completed application on a department-approved form;(2) official transcript(s) or certificates in a format prescribed by the department, showing all relevant college courses, degrees, and residencies for successful completion of the applicable requirements under the Act and this chapter;(3) the department-approved form providing information regarding other state licenses, certificates or registrations that an applicant holds or held, if applicable; and(4) the fee required under §114.80.(d) The department will accept as proof of completion of a degree or course work an official transcript in a format prescribed by the department from a regionally accredited college or university. Foreign transcripts must be submitted with an evaluation from a provider approved by the department, that demonstrates equivalency of the foreign degree or coursework with a U.S. degree or coursework.(e) Uniquely qualified applicants for a practitioner license shall submit references in a manner prescribed by the department from a total of two physicians, practitioners, or persons licensed or certified by a state or by a national organization in orthotics or prosthetics who can attest to the applicant's skills and professional standards of extensive prosthetic or orthotic practice.(f) All applicants for initial licensure must submit proof of successful completion of the jurisprudence examination within the last six months at the time of application.(g) The applicant must successfully pass a criminal history background check.", "sourceNote": "Source Note: The provisions of this §114.20 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542; amended to be effective May 1, 2022, 47 TexReg 2524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208719", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.21", "label": "Licenses and Licensing Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208720", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless the context clearly indicates otherwise, use of the terms license or licenses shall apply to both licenses and registration, and the term licensee shall apply to both licensees and registrants.(b) Term of license.(1) A license shall be issued for a two year period.(2) A temporary license shall be issued for a one year period and may be renewed for one additional one year period.(3) A student registration shall be issued for a two-year period and may be renewed for one additional two year period.(c) Licenses issued by the department remain the property of the department and must be surrendered to the department on demand.(d) Licensees shall display the license in the primary location of practice or place of employment, but shall not display a license that has been photographically or otherwise reproduced.(e) A licensee shall only allow his or her license to be copied for licensure verification by employers, licensing boards, professional organizations and third party payers for credentialing and reimbursement purposes. The licensee shall sign, date and clearly mark copies with the word \"COPY\" across the face of the document.(f) License alterations. No person shall make alterations to a license or to a copy of a license.", "sourceNote": "Source Note: The provisions of this §114.21 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective February 1, 2020, 45 TexReg 542; amended to be effective May 1, 2022, 47 TexReg 2524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208720", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.22", "label": "Examination for Licensure as a Prosthetist, Orthotist, or Prosthetist/Orthotist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198124", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by §114.23, an applicant must pass a competency examination to qualify for a practitioner license.(b) Each applicant for initial licensure shall complete the jurisprudence examination.(c) Examinations shall be offered by the department's designee.(d) The department shall notify an applicant whose license application has been approved that the applicant is eligible to take the relevant examination(s).(e) Approved applicants shall have no more than two years from the date of approval to pass the required examination(s).(f) The examinations shall be administered at least once each year.", "sourceNote": "Source Note: The provisions of this §114.22 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective May 1, 2022, 47 TexReg 2524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198124", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.23", "label": "Requirements for Uniquely Qualified Person Licensure as a Prosthetist, Orthotist, or Prosthetist/Orthotist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191848", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to describe the unique qualifications a person must possess to qualify for licensure as a prosthetist, orthotist or prosthetist/orthotist under the Act, §605.254.(b) Unique qualifications. A uniquely qualified person means a person who, through education, training and experience, is qualified to perform prosthetic or orthotic care.(c) The department will determine whether a person is uniquely qualified on a case-by-case basis based on the information supplied by the applicant and other information deemed relevant by the department.(d) Applicants may apply for licensure as a uniquely qualified person in accordance with paragraph (1), (2), or (3):(1) Applicants with at least fifteen (15) years of extensive orthotic or prosthetic experience in the discipline for which they have applied. These applicants must demonstrate proof of having taken at least seventy-five (75) hours of continuing education that meets the requirements of §114.50, within the five years before application.(2) Applicants with at least fifteen (15) years of extensive orthotic experience and fifteen years of extensive prosthetic experience who are applying for the prosthetist/orthotist license. These applicants may accumulate extensive orthotic experience concurrently with the accumulation of extensive prosthetic experience. These applicants must demonstrate proof of having taken at least one hundred (100) hours of continuing education that meets the requirements of §114.50, in both orthotics and prosthetics, within the five years before application.(3) Applicants who meet the academic requirements under §114.24, but who have not completed a professional clinical residency meeting NCOPE requirements. These applicants shall submit proof of at least two years of applicable orthotic or prosthetic experience within the five years before application that was obtained under supervision of a licensed or certified orthotist or prosthetist in the discipline for which they have applied.(e) The following is applicable to persons applying for licensure under subsection (d)(1) and (2).(1) The practitioner with extensive orthotic practice experience must, within the limits set by the department, demonstrate application of all of the elements of extensive orthotic practice, as defined in §114.10(16), to at least two-thirds of the following types of orthoses: foot orthosis; ankle-foot orthosis; knee-ankle-foot orthosis; hip-knee-ankle-foot orthosis; hip orthosis; knee orthosis; cervical orthosis; cervical-thoracic orthosis; thoracic-lumbar-sacral orthosis; lumbar-sacral orthosis; cervical-thoracic-lumbar-sacral orthosis; hand orthosis; wrist-hand orthosis; shoulder-elbow orthosis; shoulder-elbow-wrist-hand orthosis.(2) The practitioner with extensive prosthetic practice experience must, within the limits set by the department, demonstrate application of the elements of extensive prosthetic practice, as defined in §114.10(17), to at least two-thirds of the following types of prostheses: wrist disarticulation prosthesis; below elbow prosthesis; above elbow prosthesis; shoulder disarticulation prosthesis; partial foot prosthesis; symes prosthesis; below knee prosthesis; above knee prosthesis; hip disarticulation prosthesis.(f) Applicants who meet the requirements of this section but for whom a determination under this section is inconclusive may be required to pass the practitioner exam required under §114.22, to demonstrate unique qualifications for a practitioner license.", "sourceNote": "Source Note: The provisions of this §114.23 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191848", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.24", "label": "Requirements for Licensure by Examination as a Prosthetist, Orthotist, or Prosthetist/Orthotist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191849", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for the orthotist license must complete the orthotist academic, residency, and examination requirements for orthotists. Applicants for the prosthetist license must complete the prosthetist academic, residency, and examination requirements for prosthetists. Applicants for the prosthetist/orthotist license must complete the prosthetist and orthotist academic, residency, and examination requirements.(b) Academic requirements for an orthotist, prosthetist, or prosthetist/orthotist license. The applicant must hold a bachelor's or graduate degree:(1) in prosthetics and orthotics from a college or university educational program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) while the applicant attended the program or a college or university educational program accepted by the department as having educational standards equal to or exceeding CAAHEP standards; or(2) in any subject and a certificate from an orthotics, prosthetics, or both an orthotics and prosthetics practitioner educational program, as applicable to the license type for which the person is applying, that is accredited by CAAHEP while the applicant attended the program, or from a practitioner education program accepted by the department as having educational standards equal to or exceeding CAAHEP standards.(c) Post-graduate requirements for the orthotist, prosthetist, or prosthetist/orthotist license.(1) The applicant must submit a completion certificate from a NCOPE orthotic, prosthetic, or both an orthotic and prosthetic residency program, as applicable to the license type for which the person is applying, or from a residency program or programs approved by the department.(2) If any of the clinical requirements are completed in Texas, the supervising orthotist(s), prosthetist(s), or prosthetist/orthotist(s) must be licensed in accordance with the Act.", "sourceNote": "Source Note: The provisions of this §114.24 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191849", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.25", "label": "Temporary License for Practitioners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191850", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A temporary license may be issued under this section to a person who:(1) has applied for a practitioner license; and(2) has practiced orthotics or prosthetics or both for the five years preceding the date of the application; and(3) has been licensed by a state that has license requirements that are equal to or exceed the requirements of the Act and this chapter.(b) A temporary license is valid for one year from the date issued unless the applicant is not approved by the department for a practitioner license.(c) If the practitioner application is not approved by the department, the temporary license is no longer valid and shall be surrendered to the department within fifteen (15) days of the notice of denial.", "sourceNote": "Source Note: The provisions of this §114.25 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191850", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.26", "label": "Student Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208721", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Student registration provides authorization for a person to perform prosthetic or orthotic duties under supervision while fulfilling the postgraduate requirements for licensure by examination or when working in accordance with §114.30(j)(3).(b) Eligibility. The department shall issue or renew a student registration certificate if the applicant:(1) has applied for student registration on department-approved forms;(2) has paid the student registration fee; and(3) either:(A) has completed the academic requirements for a practitioner license; or(B) is a student who is currently enrolled in a graduate program in this state in orthotics and prosthetics that is recognized and accredited by CAAHEP and submits to the department a written certification from the graduate program in which the student is enrolled that the student has successfully completed the academic prerequisites to enter a professional clinical residency; and(4) is actively engaged in either:(A) completing a professional clinical residency;(B) applying for or awaiting the results of the examination, and has completed the professional clinical residency; or(C) working under supervision in accordance with §114.30(j)(3).(c) An applicant may be issued an initial student registration in each area: prosthetics, orthotics, or both, depending on the type of clinical residency.(d) The applicant shall apply for a student registration before beginning the professional clinical residency.(e) A person becomes eligible to take the state examination when the department issues the student registration.(f) A student registration may be upgraded to a practitioner license after the applicant:(1) meets the requirements of §114.24;(2) passes the appropriate examination; and(3) submits a complete license upgrade form and fee.", "sourceNote": "Source Note: The provisions of this §114.26 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208721", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.27", "label": "Assistant License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198125", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Qualifications. The applicant must submit evidence satisfactory to the department of having successfully completed either (1) and (2), or (1) and (3), of the following:(1) Coursework from a college or university accredited by a regional accrediting organization such as the Southern Association of Colleges and Schools that included at a minimum:(A) eight (8) credit hours of anatomy and physiology;(B) three (3) credit hours of medical terminology;(C) three (3) credit hours of physics.(2) For applicants for a prosthetic assistant or orthotic assistant license, a clinical residency for assistants of not less than 1,000 hours in prosthetics or 1,000 hours in orthotics, respectively, completed in a period of not more than one year, in a facility that is accredited under §114.29, or its equivalent, as approved by the department, or in a facility to which the accreditation requirement does not apply in accordance with §605.260(e) of the Act.(3) For applicants for the prosthetic/orthotic assistant license, a clinical residency for assistants of not less than 1,500 hours in prosthetics and orthotics, completed in a period of not more than one year, in a facility that is accredited under §114.29, or its equivalent, as approved by the department, or in a facility to which the accreditation requirement does not apply in accordance with §605.260(e) of the Act.(b) Clinical residency for an assistant.(1) Before undertaking a clinical residency for an assistant, the supervisor and clinical resident must notify the department by filing a completed supervision agreement with the department with the clinical resident's application for licensure as an assistant and the required fee.(2) The supervisor shall not allow the clinical residency to begin until approval from the department is received.(3) The supervisor shall provide the clinical resident and the department with written documentation upon beginning, terminating or completing a clinical residency.(4) The resident shall work under the direct supervision of a licensed practitioner. The supervisor must be licensed in the same discipline as the course of study being completed by the clinical resident.(5) The supervising practitioner must review and sign off on patient care notes made by the clinical resident.(6) The clinical residency shall primarily provide learning opportunities for the clinical resident rather than primarily providing service to the prosthetic or orthotic facility or its patients or clients.(7) The clinical residency shall include both observation and supervised performance of assistant level work including assisting with patient assessments, measurement, design, fabrication, assembling, fitting, adjusting or servicing prostheses or orthoses or both, as appropriate to the type of residency. Supervision shall be in the physical presence of the supervisor.(8) The clinical residency shall include an orientation comparing and contrasting the duties of a licensed assistant with the duties of the licensed practitioner.(9) The clinical resident shall not independently provide ancillary patient care services of the type performed by a licensed assistant and may not independently engage in prosthetic and orthotic care directly to the patient.(10) The clinical resident may be only incidentally involved in other duties including, but not limited to, scheduling, medical records, clerical, payroll and accounting, janitorial/housekeeping, transportation, or delivery.(11) When terminating or completing a residency, the written documentation shall indicate the number of hours satisfying the requirements of this section that were completed by the clinical resident.(12) Notwithstanding the supervision requirements in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.(c) Scope of practice.(1) When assistant patient care services are performed by a licensed assistant, the supervising licensed practitioner of that assistant must review and sign off on the clinical note written by the assistant within fifteen working days of the date the service was provided.(2) A licensed orthotist assistant may provide ancillary patient care services, including assistant patient care services, under the supervision of a licensed orthotist or licensed prosthetist/orthotist.(3) A licensed prosthetist assistant may provide ancillary patient care services, including assistant patient care services, under the supervision of a licensed prosthetist or licensed prosthetist/orthotist.(4) A licensed prosthetist/orthotist assistant may provide ancillary patient care services, including assistant patient care services, under the supervision of a licensed prosthetist/orthotist, or a licensed orthotist for orthotic care, or a licensed prosthetist for prosthetic care.(5) The supervising practitioner is responsible for the acts or omissions of the licensed assistant.(6) A licensed assistant may only assist in the performance of critical care events while in the physical presence of the supervising practitioner.(7) Except as set forth in this subsection, the supervising practitioner shall supervise and direct the licensed assistant.(8) The supervising practitioner shall report to the department violations of the Act or this chapter committed by the licensed assistant.(9) Assistants may practice only in a facility accredited under §114.29, or in a facility to which the accreditation requirement does not apply in accordance with §605.260(e) of the Act.", "sourceNote": "Source Note: The provisions of this §114.27 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective May 1, 2022, 47 TexReg 2524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198125", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.28", "label": "Technician" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211902", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A technician must be supervised by a licensed prosthetist, orthotist, prosthetist/orthotist, prosthetist assistant, orthotist assistant, or prosthetist/orthotist assistant.(b) A licensed prosthetist, orthotist, prosthetist/orthotist, prosthetist assistant, orthotist assistant, or prosthetist/orthotist assistant shall direct the activities of a technician and is responsible for the acts of the technician.(c) A technician may fabricate, assemble, or service orthoses or prostheses only under the direction of a person licensed under this chapter and is not authorized to provide patient care to orthotic or prosthetic patients, including ancillary or assistant patient care services.(d) Notwithstanding the supervision requirements in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.", "sourceNote": "Source Note: The provisions of this §114.28 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211902", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.29", "label": "Accreditation and Inspection of Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191854", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of accreditation is to identify for prospective patients, referral sources, and third-party payers which prosthetic or orthotic facilities meet the department's requirements. This section is adopted under the Act, §605.260. All facilities where orthotics and prosthetics are provided by persons licensed or registered under this title must be accredited under the Act, unless the facility is one to which the accreditation requirement does not apply in accordance with §605.260(e) of the Act.(b) The accreditation requirement is inapplicable to the following facilities:(1) A facility licensed under the Health and Safety Code, Title 4, in accordance with §605.260(e) of the Act. These facilities include hospitals, convalescent and nursing facilities, ambulatory surgical centers, continuing care facilities, assisted living facilities, and end stage renal disease facilities; or(2) Any facility that does not hold itself out as performing or offering to perform orthotics or prosthetics, and at which persons providing health care services do not perform or hold themselves out as performing or offering to perform orthotics or prosthetics.(c) Accreditation application. The application shall be completed and submitted to the department on a department-approved form. The application shall be accompanied by the appropriate fee.(1) A new application for accreditation is required for:(A) a new facility;(B) a new location or branch of existing, affiliated facilities;(C) a new location of an existing facility that is relocating;(D) a facility adding the prosthetic or orthotic category to an accreditation that is not expired, suspended or revoked;(E) a facility for which the accreditation has expired or has been terminated; and(F) an existing facility that has been transferred to new ownership, regardless of prior accreditation status.(i) A change of ownership of a facility occurs when there is a change in the person(s) legally responsible for the operation of the facility, whether by lease or by ownership.(ii) The new owner of a prosthetic or orthotic facility must apply for accreditation within ten business days after the change in ownership.(2) The application for accreditation must include:(A) a scaled floor plan of the facility indicating the total square feet in the facility and clearly showing the location of parallel bars;(B) labeled photographs of each room and hallway clearly showing wheelchair accessibility and privacy protections for patients;(C) labeled photographs of the facility entrance clearly showing wheelchair accessibility; and(D) labeled photographs of all laboratory and fabrication areas.(3) If a person applies for accreditation of more than one facility owned by that person, the department requires one primary application and separate addendum pages for additional sites to be accredited.(4) If the department does not grant accreditation to the entity that applies to be an accredited facility, the accreditation fee will not be returned.(5) The department shall give the applicant written notice of the reason(s) for the proposed decision if the facility fails to obtain accreditation.(d) Personnel requirements for accredited facilities. Accredited facilities shall have the following staff and shall comply with the following conditions:(1) Practitioner in charge.(A) An accredited facility must be under the on-site clinical direction of a practitioner licensed by the department in the discipline(s) for which the facility is accredited. The practitioner in charge shall supervise the provision of prosthetics or orthotics in accordance with the Act and rules.(B) A person who holds a temporary license or a student registration may not serve as the on-site practitioner in charge.(C) To change the designation of the on-site practitioner(s) in charge, the facility shall provide notice in the manner prescribed by the department of the new on-site practitioner(s) and the effective date of the change within thirty (30) days after the change is effective.(2) Residency program director. Facilities providing professional clinical residencies shall have a residency program director to provide direct and indirect supervision of residents. The program director shall be on site as appropriate in accordance with the responsibilities in §114.30. The program director must be a Texas licensed practitioner whose license is in the same discipline in which the professional clinical residency is being conducted.(3) Safety manager. An accredited facility must designate at least one person as the safety manager.(A) The safety manager shall develop, carry out, and monitor the safety program for the accredited facility.(B) To change the designation of the safety manager(s), the facility shall provide notice in the manner prescribed by the department of the new safety manager(s), and the effective date of the change within thirty (30) days after the change is effective.(e) General requirements for accredited facilities.(1) A facility may not provide services until the department has approved the accreditation.(2) The facility building and property must meet all applicable federal, state, and local laws, codes, and other requirements.(3) An accredited facility must display the accreditation certificate in a prominent location in the facility where it is available for inspection by the public.(4) An accreditation certificate issued by the department is the property of the department and must be surrendered on demand by the department.(5) A facility accredited under the Act shall prominently display a consumer complaint notice or sign that complies with the requirements of §114.70(d).(6) An accredited facility may advertise as a \"Prosthetic and/or Orthotic Facility Accredited by the Texas Department of Licensing and Regulation.\" A facility that is exempt or that is not subject to the Act, or that the department does not accredit may not advertise or hold itself out as a facility accredited by the department.(7) An accreditation issued under this chapter may not be transferred or sold to another facility, location, or owner.(8) An accredited facility must display the license certificates of its practitioners in a prominent location in the facility where they are available for inspection by patients, and by the public upon request.(9) An accredited facility must display a visible sign with its hours of operation, including:(A) hours of normal business operation, and when appropriate;(B) information regarding temporary closure, including holidays, or for periods during business hours, including specific dates and times of the closure and emergency contact information.(10) An accredited facility shall have the equipment, tools, and materials to provide casting, measuring, fitting, repairs and adjustments of orthoses and prostheses, as applicable.(f) Failure to achieve accreditation. Facilities that fail to achieve accreditation as required by the Act and the rules are noncompliant with the Act and rules and are subject to disciplinary action.(g) Facilities failing to renew the accreditation by the expiration date are subject to the late renewal fee schedule applicable to licensees in §60.83 of this title (relating to Late Renewal Fees)(h) Facilities shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.(i) Facility cleanliness. The facility shall be constructed and maintained appropriately to provide safe and sanitary conditions for the protection of the patients and the personnel providing prosthetic and orthotic care.(1) Licensees shall wash their hands with hand sanitizer or soap and water before providing service to each patient.(2) Patient examination and treatment rooms shall be cleaned after each patient.(3) Hand sanitizer or hand soap and hand towels or hand dryers must be available at the sinks used by employees and patients.(4) Exam tables shall either be covered in a material that can be disinfected and shall be cleaned and disinfected after providing service to each patient or the facility must use disposable covers that are one-time use and that are replaced after providing service to each patient.(5) Appropriate gloves and disinfectants for disease control must be available in examination rooms and treatment areas.(6) Facilities shall keep the floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair. Any cracks, holes, or other similar disrepair not readily accessible for cleaning shall be repaired or filled in to create a smooth, washable surface.(7) Plumbing fixtures, including toilets and wash basins, shall be kept clean. Any disrepair not readily accessible for cleaning shall be repaired or filled in to create a smooth, washable surface.(8) Facilities shall have suitable plumbing that provides an adequate and readily available supply of hot and cold running water at all times and that is connected for drainage of sewage and for potable water supply.(9) Facilities shall not be utilized for living or sleeping purposes except as applicable to patients, and may not be used for any other purpose that would tend to make the premises unsanitary, unsafe, or endanger the health and safety of the public.(j) Patient waiting area.(1) Patient waiting areas must be separate from other areas.(2) Chairs with armrests must be provided in waiting rooms. Chairs without armrests or with or without wheels must be provided upon patient request.(k) Examination/treatment rooms.(1) Rooms in which patients are seen must maintain privacy and have permanent, floor-to-ceiling walls or dividers and rigid doors that can be closed. Windows must be covered in a way that assures privacy.(2) At least one set of parallel bars and a mirror that is affixed to the wall or a mirror with a free standing base for patient ambulation trials must be provided in each facility.(3) At least one chair with armrests shall be available for use in each examination/treatment room. Chairs without armrests or with or without wheels must be provided upon patient request.(l) Safety.(1) Safety equipment, including safety glasses or goggles and dust masks, shall be available to persons working in an accredited facility.(2) Proper machine use training shall be provided to staff. The facility shall maintain records documenting training, listing the name of the staff person and the date of training for each machine.(3) Safety guards on machines shall be in place in accordance with the manufacturers' specifications.(4) Laboratory/Fabrication areas must be separated from other areas by walls or rigid doors and have adequate lighting.(5) If smoking is permitted, policies and procedures to control smoking materials shall be clearly posted.(6) Facilities shall provide access to at least one accessible restroom with handwashing facilities located on or adjacent to the premises of the facility. Chemical supplies shall not be stored in restrooms or other areas accessible to the public or to patients.(m) Business office area.(1) Patient records shall include accurate and current progress notes.(2) Patient records must be kept private.(3) Patient records shall not be made available to anyone outside the facility without the patient's signed consent or as required by law.(4) All patient and facility records that are required to be retained or made available shall be kept for a minimum of five years.", "sourceNote": "Source Note: The provisions of this §114.29 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective May 1, 2022, 47 TexReg 2524; amended to be effective January 15, 2023, 48 TexReg 42." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191854", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.30", "label": "Professional Clinical Residency Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208723", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will accept a professional clinical residency having standards that are equivalent to or exceed NCOPE standards and those set forth in the Act and this chapter, at the time the residency was being completed.(b) The Texas licensure requirements in this section apply only to residencies and residency programs fulfilled or conducted in Texas.(c) Professional clinical residency programs must meet or exceed current NCOPE standards.(d) The resident's involvement in patient care must meet or exceed current NCOPE standards.(e) A clinical resident must be directly involved in providing patient care, under the supervision of a Texas licensed practitioner whose license is in the same discipline in which the professional clinical residency is being completed.(f) Notwithstanding the supervision requirements in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.(g) A professional clinical residency must provide the residents with a written description of the educational program, including the scope and duration of assignments to other facilities if part of the residency. The written description of the program must demonstrate equivalency to NCOPE requirements and must include:(1) the term of residency;(2) job description;(3) pertinent policies and procedures;(4) safety requirements;(5) patient confidentiality;(6) liability and malpractice insurance;(7) expectations;(8) limitations and restrictions of residency;(9) the name of the practitioner who is designated as the residency program director; and(10) the requirement under the Act to hold a current student registration during the term of the residency.(h) Facility requirements. A facility offering a professional clinical residency program must:(1) be accredited by the department unless the facility is one to which the accreditation requirement does not apply in accordance with §605.260(e) of the Act;(2) have the resources and adequate facilities for residents to fulfill their education and patient care responsibilities;(3) have resources and adequate facilities for residents to develop proficiency in laboratory skills in prosthetic and orthotic fabrication; and(4) meet current NCOPE requirements.(i) Responsibilities of the residency program director.(1) Each residency program director must meet the current NCOPE requirements.(2) The prosthetic and orthotic supervising licensee-to-resident ratio shall not exceed one Texas licensed practitioner to two residents.(3) The program director shall maintain documentation of residents' agreements.(4) The program director shall ensure that residents hold a current student registration during the term of the residency.(5) The program director shall supervise residents during patient care.(A) Direct supervision of the following is required:(i) critical care events;(ii) the fitting and delivery process; and(iii) ancillary patient care services.(B) The supervising practitioner shall review and sign off on patient care notes made by the clinical resident, and review all clinical records, within ten working days.(C) Indirect supervision of clinical procedures, except critical care events, is permitted.(D) Supervision shall be provided by a practitioner licensed in Texas in the discipline being taught.(E) Overall assurance of quality patient care is the ultimate responsibility of the supervising practitioner.(6) Evaluation of a resident's ability to assume graded and increasing responsibility for patient care must be completed quarterly. This determination is the residency program director's responsibility, in consultation with members of the teaching staff. The facility administration shall assure that, through the residency program director and staff, each program:(A) evaluates the knowledge, skills and professional growth of its residents, at least quarterly;(B) provides to residents a written assessment of their performance quarterly; and(C) maintains written evaluations on department-approved forms, as part of the performance record for each resident. The performance record of each resident shall be available to that resident.(j) Resident responsibilities and qualifications.(1) The resident shall participate in safe, effective and compassionate patient care under supervision commensurate with his or her level of advancement and responsibility.(2) The resident must hold a student registration issued under the Act.(3) After completing the clinical residency, a registered student may continue to work as a resident under supervision in accordance with the applicable requirements of §114.30.(k) Residency objectives.(1) Clinical assessment. Upon completion of a residency, a person must be proficient in current NCOPE requirements, including clinical assessment skills for an individual requiring prosthetic or orthotic services as demonstrated by the ability to:(A) obtain a history of the patient to determine the need for a specific device by interviewing the patient, and others, if necessary, and/or by reviewing available records;(B) observe gait, coordination, present device if available and other physical characteristics to supplement patient history and physical examination;(C) examine the patient to determine skin condition, joint range of motion and muscle strength;(D) assess the specific needs of individual patients by integrating the information obtained from history, examination and observation;(E) discuss with the patient his or her needs and expectations;(F) provide information to the patient, family and involved health professionals regarding a device's potential advantages and disadvantages to assure understanding of the treatment plan and cooperation of the individuals involved;(G) develop a treatment protocol for patients by review of data obtained to determine a specific device recommendation and plan for its use; and(H) obtain and accurately record appropriate measurements and other data from the patient to design the recommended device.(2) Patient management. Upon completion of a residency, a person must be proficient in patient management skills under current NCOPE requirements for prosthetic or orthotic patients as displayed by the ability to:(A) measure a patient by using proper instruments and tests. Compile data to be used in device design and fabrication;(B) manipulate the patient's limbs to provide correction, position or deformation to obtain the most appropriate information;(C) replicate the patient's body or limbs to obtain an accurate anatomical impression to be used in fabricating a prosthesis or orthosis;(D) achieve optimum comfort, function and cosmesis by using proper fitting techniques;(E) visually evaluate if a patient's gait has achieved optimum prosthetic or orthotic function;(F) achieve optimum alignment and function of a patient's prosthesis or orthosis by evaluating the sagittal, transverse and coronal planes;(G) maintain proper documentation of the patient's treatment history through established recordkeeping techniques; and(H) provide ongoing patient care to assure continued proper fit and function of the prosthesis or orthosis.(l) Completion of residency. The residency program director shall certify that a resident has successfully completed the residency only if the residency was conducted in accordance with this section.", "sourceNote": "Source Note: The provisions of this §114.30 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208723", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.40", "label": "Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212476", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. Unless the text clearly says otherwise, use of the term licensee shall have the meaning assigned in §114.10.(1) After the initial license period, a licensee must renew the license every two years. This requirement does not apply to renewal of a temporary license or a student registration.(2) Each licensee is responsible for renewing the license before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification of expiration from the department before the expiration date of the license shall not excuse failure to apply for renewal or late renewal.(3) The department shall not renew the license of a licensee who is in violation of the Act or department rules at the time of application for renewal.(b) A student registration may be renewed once for an additional two years. A student registration may not be renewed more than once in each area: prosthetics, orthotics, or both.(c) License renewal requirements. To renew a license, a licensee must:(1) submit a completed renewal application on a department-approved form;(2) successfully pass a criminal history background check;(3) complete applicable continuing education requirements under §114.50;(4) comply with the continuing education audit process described under §114.50, as applicable;(5) submit the renewal fee required under §114.80; and(6) for each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(d) Renewal for a retired practitioner performing voluntary charity care.(1) A retired practitioner performing voluntary charity care is a person who is:(A) at least 55 years old;(B) is not employed for compensation in the practice of orthotics or prosthetics; and(C) has notified the department in writing of the intention to retire and provide only voluntary orthotic or prosthetic charity care.(2) A retired practitioner who is only providing voluntary charity care may renew the license by submitting a renewal form; the required fee; and documentation of required continuing education hours.(3) A retired practitioner may change his or her retired status by providing notice in the manner prescribed by the department. To change status the retiree must submit a renewal application on the department-approved form, the appropriate renewal fee for a prosthetist or orthotist license, and documentation of the required continuing education hours.(e) Renewal of facility accreditation.(1) An accreditation is valid for two years.(2) The department shall not renew the accreditation of a facility that is violating or has violated the Act or this chapter until the facility has corrected the violation(s) to the satisfaction of the department.(3) Each facility is responsible for renewing the accreditation before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification of expiration from the department before the expiration date of the accreditation shall not excuse failure to apply for renewal or late renewal.(4) The department shall renew an accreditation for a facility that has met the requirements for renewal. The certificate shall be displayed in a prominent location in the facility where it is available for inspection by the public.(5) After an accreditation is expired and until the facility has renewed the accreditation, the facility may not provide orthotic or prosthetic patient care.(f) Expiration of license or accreditation.(1) A person may not practice with an expired license.(2) A person whose license has expired may not use the title or represent or imply that he or she has the title of \"licensed orthotist,\" \"licensed prosthetist,\" \"licensed prosthetist/orthotist,\" \"licensed orthotist assistant,\" \"licensed prosthetist assistant,\" \"licensed prosthetist/orthotist assistant,\" or use the letters \"LO,\" \"LP,\" \"LPO,\" \"LOA,\" \"LPA,\" or \"LPOA,\" and may not use facsimiles of those titles.(3) A facility that fails to renew its accreditation shall not represent or imply that the facility is accredited by the department.(4) A person whose license has expired may late renew the license in accordance with §60.31 of this title (relating to License Renewal Applications) and §60.83 of this title (relating to Late Renewal Fees). Facilities whose accreditation has expired may late renew the accreditation in accordance with §60.31 and §60.83.", "sourceNote": "Source Note: The provisions of this §114.40 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective August 1, 2020, 45 TexReg 5184; amended to be effective May 1, 2022, 47 TexReg 2524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212476", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.50", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to licensees of the department. This section does not apply to a temporary license or a student registration.(b) The first continuing education period shall begin after the licensee has renewed the license for the first time. Continuing education is not required during the initial license period. Subsequently, a licensee shall attend continuing education activities as a condition of renewal of a license.(c) Continuing education periods shall be two years in length. The period coincides with the license period.(d) Determination of continuing education credits.(1) For seminars, lectures, presentations, symposia, workshops, conferences and similar activities, 50 minutes shall be considered as one credit hour.(2) Course work completed at or through an accredited college or university shall be credited based on eight credits for each semester hour completed for credit. Continuing education credit will be granted for a grade of C or better for the continuing education period in which the course is completed.(e) Licensees shall attend and complete qualifying continuing education each renewal period unless the licensee is exempt under subsection (l).(1) Licensees must maintain a record of continuing education credits earned by the licensee and proof of completion of the continuing education credits, which may include certificates, transcripts from certifying agencies or associations, letters from program sponsors concerning the licensee's attendance and participation, or other documentation satisfactory to the department verifying the licensee's attendance or participation.(2) Attendance and completion of the following number of continuing education credits are required during each renewal period:(A) prosthetist or orthotist license--24;(B) prosthetist and orthotist license--40;(C) prosthetist or orthotist assistant--12;(D) prosthetist and orthotist assistant--20; and(E) prosthetist with orthotist assistant license or orthotist with prosthetist assistant license--32.(f) At least 50% of the total hours of continuing education required must be live, instructor-directed activities. Fifty percent or less may be self-directed study. For purposes of this section, live or pre-recorded instructor-directed activities may be offered in-person or using telecommunications or information technology that permits two-way interaction between the instructor and the attendee.(g) Continuing education hours must be directly related to prosthetics, orthotics, physical or occupational therapy, orthopedic, podiatric, pedorthic, physical medicine or other subjects approved by the department.(h) Continuing education credits must be offered or approved by a state, regional or national prosthetic or orthotic, or allied health organization or offered by a regional accredited college or university.(i) Continuing education undertaken by a licensee shall be acceptable if the licensee attends and participates in an activity in the following categories:(1) academic courses;(2) clinical courses;(3) in-service educational programs, training programs, institutes, seminars, workshops, and conferences;(4) self-study modules, with or without audio and video components, and interactive computer-generated learning activities, if a post-test is required and the number of hours completed do not exceed 50% of the credits required;(5) distance learning activities and audiovisual teleconferences, provided a documented post-test is completed and passed;(6) instructing or presenting in activities listed in paragraphs (1) - (3). Multiple presentations of the same program or equivalent programs may only be counted once during a continuing education period;(7) writing a book or article applicable to the practice of prosthetics or orthotics. Four (4) credits for an article and eight (8) credits for a book will be granted for a publication in the continuing education period in which the book or article was published. Multiple publications of the same article or an equivalent article may only be counted once during a continuing education period. Publications may account for 25% or less of the required credit;(8) completing the human trafficking prevention training required under Occupations Code, Chapter 116, and §114.40(c)(6) of this chapter. A maximum of one (1) credit will be granted for completion of the training during a continuing education period; and(9) completing the jurisprudence examination required by §114.22(b) of this chapter. Only one (1) self-directed study credit will be granted for completion of the examination during a continuing education period.(j) Reporting of continuing education credit.(1) At the time of license renewal, licensees shall file a continuing education report on a department-approved form.(2) The department shall employ an audit system for continuing education reporting. The license holder shall be responsible for maintaining a record of his or her continuing education experiences. The certificates, diplomas, or other documentation verifying earning of continuing education hours are not to be forwarded to the department at the time of renewal unless the license holder has been selected for audit.(3) The audit process shall be as follows:(A) The department shall select for audit a random sample of license holders for each renewal month. License holders will be notified of the continuing education audit when they receive their renewal notice.(B) If selected for an audit, the licensee shall submit copies of certificates, transcripts or other documentation satisfactory to the department, verifying the licensee's attendance, participation and completion of the continuing education. All documentation must be provided at the time of renewal.(C) Failure to timely furnish this information or providing false information during the audit process or the renewal process, are grounds for disciplinary action against the license holder.(D) A licensee who is selected for continuing education audit may renew through the online renewal process. However, the license will not be considered renewed until required continuing education documents are received, accepted and approved by the department.(k) Licenses will not be renewed until continuing education requirements have been met.(l) The following licensees are exempt from the requirements of this section if the qualifying event occurred during the twenty-four (24) months immediately preceding the license expiration date. The licensee shall submit proof satisfactory to the department:(1) a licensee who suffered a mental or physical illness or disability that prevented the licensee from complying with the requirements of this section; or(2) a licensee who suffered a catastrophic event such as a flood, fire, tornado or hurricane that prevented the licensee from complying with the requirements of this section.(m) Licensees employed as faculty in CAAHEP accredited programs or in programs having educational standards equal to or greater than CAAHEP in prosthetics and orthotics shall be exempt from 50% of the continuing education requirements in this section.(n) Licensed practitioners who are renewing under retired voluntary charity care status shall be exempt from 50% of the continuing education requirements in this section.(o) Failure to submit documentation satisfactory to the department as required by subsection (l), shall be considered the same as failing to meet the continuing education requirements of this section.(p) Untrue documentation or information submitted to the department may subject the licensee to disciplinary action.(q) Activities unacceptable as continuing education for which the department may not grant continuing education credit are:(1) education incidental to the licensee's regular professional activities such as learning occurring from experience or research;(2) professional organization activity such as serving on boards, committees or councils or as an officer;(3) continuing education activities completed before the renewal period; and(4) performance of duties that are routine job duties or requirements.", "sourceNote": "Source Note: The provisions of this §114.50 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542; amended to be effective May 1, 2022, 47 TexReg 2524; amended to be effective January 15, 2023, 48 TexReg 43." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.65", "label": "Orthotists and Prosthetists Advisory Board; Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191857", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Membership. The advisory board consists of seven members appointed by the presiding officer of the commission with the approval of the commission as follows:(1) two licensed orthotist members who each have practiced orthotics for the five years preceding the date of appointment;(2) two licensed prosthetist members who each have practiced prosthetics for the five years preceding the date of appointment;(3) one licensed prosthetist orthotist member who has practiced orthotics and prosthetics for the five years preceding the date of appointment;(4) one member who is a representative of the public who uses an orthosis; and(5) one member who is a representative of the public who uses a prosthesis.(b) Appointments to board. Appointments to the advisory board shall be made without regard to the race, color, national origin, religion, gender, age, or disability of the appointee.", "sourceNote": "Source Note: The provisions of this §114.65 adopted to be effective October 1, 2016, 41 TexReg 4467." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191857", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.66", "label": "Advisory Board; Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191858", "queryAsDate": "03/11/2026" }, "ruleBody": "Purpose. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §114.66 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191858", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.67", "label": "Advisory Board; Terms, Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191859", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory board serve staggered six-year terms. The terms of two or three members expire on February 1 of each odd-numbered year.(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.(c) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member.", "sourceNote": "Source Note: The provisions of this §114.67 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191859", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.68", "label": "Advisory Board; Officer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209304", "queryAsDate": "03/11/2026" }, "ruleBody": "The presiding officer of the commission, with the commission's approval, shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of one year. The presiding officer of the advisory board may vote on any matter before the advisory board.", "sourceNote": "Source Note: The provisions of this §114.68 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209304", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.69", "label": "Advisory Board; Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220026", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board shall meet at the call of the presiding officer of the commission or the executive director.(b) A quorum of the advisory board is necessary to conduct official business. A quorum is four members.(c) Four or more advisory board members may call a special meeting of the advisory board by providing written notice not less than fourteen (14) days before the date of the meeting to the presiding officer of the commission, the executive director and all other members of the advisory board.(d) Not more than two special meetings of the advisory board may be called under subsection (c) in a calendar year.", "sourceNote": "Source Note: The provisions of this §114.69 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective July 1, 2022, 47 TexReg 3676." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220026", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.70", "label": "Responsibilities of Licensees and Accredited Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208725", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons to whom a license has been issued shall return the license to the department upon the surrender, revocation or suspension of the license.(b) All applicants, licensees, registrants and accredited facilities shall notify the department of any change(s) of name or mailing address. Accredited facilities shall notify the department of any change(s) in the facility name, the name of the safety manager and the practitioner in charge, the mailing address and physical address. Written notification to the department and the appropriate fee shall be submitted to the department within thirty (30) days after a change is effective. Changes in a facility's physical location or ownership require a new application for accreditation.(c) Name changes. Before the department will issue a new license certificate and identification card, notification of name changes must be received by the department. Notification shall include a copy of a marriage certificate, court decree evidencing the change, or a Social Security card reflecting the licensee's or registrant's new name.(d) Consumer complaint information notices. All licensees, registrants and accredited facilities, excluding facilities that a licensee visits to treat patients, such as hospitals, nursing homes or patients' homes, shall prominently display a consumer complaint notice or sign in a waiting room or other area where it shall be visible to all patients. Lettering shall be at least one-fourth inch, or font size 30, in height, with contrasting background, containing the department's name, website, mailing address, and telephone number for the purpose of directing complaints to the department regarding a person or facility regulated or requiring regulation under the Act. Script or calligraphy prints are not allowed. The notice shall be worded as specified by the department.(e) Itemized billing. A facility must provide itemized billing in accordance with Health and Safety Code, Chapter 185, and must not pursue debt collection against a patient for a provided health care service or supply, without having first done so. Failure of a facility to comply is a ground for enforcement action under Occupations Code, Chapters 51 and 605, and these rules. The itemized bill must, in addition to any other requirement of Health and Safety Code, Chapter 185, include:(1) a plain language description of each distinct health care service or supply provided to the patient;(2) if the facility sought or is seeking reimbursement from a third party, any billing code submitted to the third party and the amounts billed to and paid by that third party; and(3) the amount the facility alleges is due from the patient for each service and supply provided to the patient.", "sourceNote": "Source Note: The provisions of this §114.70 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective August 15, 2024, 49 TexReg 5950." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208725", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.75", "label": "Scope and Conditions of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208726", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial patient consultation in facilities providing inpatient healthcare, rehabilitation, or therapy may be performed only pursuant to:(1) a written request for consultation for the specific patient that has been signed by a member of that patient' s healthcare team from the facility, including the licensed physician, health care professional, physical therapist, or occupational therapist; or(2) a request initiated by the patient or the patient' s representative before any consultation in the facility is performed.(b) Emergency consultation and treatment. Practitioners may perform initial consultation and/or treatment for a patient while in a hospital emergency room or department, operative room or holding area, or otherwise emergent situation pursuant to a written order or a documented verbal order that is corroborated by information in the patient' s medical record.(c) Practitioners shall not provide or attempt to provide a consultation:(1) in violation of this chapter; or(2) that is prohibited by Texas Occupations Code, §102.001.(d) Practitioners shall prohibit any person affiliated in any way with their practice, or the practice of an accredited facility for which they serve as practitioner in charge, from providing or attempting to provide a consultation:(1) in violation of this chapter; or(2) that is prohibited by Texas Occupations Code, §102.001.(e) Order required. Practitioners and facilities shall ensure that the following standards are followed in the provision of orthotic and/or prosthetic services.(1) All fitting, including test fitting, and/or delivery requires a written order. The order initially may be provided verbally and documented in the patient's record. A subsequent written order must be obtained promptly.(2) The order must be obtained from a licensed physician or authorized health care professional, and must be in the format prescribed by the law and rules governing the prescribing physician or health care professional.(3) A practitioner shall obtain a new order before providing a new orthosis or prosthesis to an established patient.(4) A practitioner may adjust, repair or maintain an orthosis or prosthesis, and provide replacement soft goods, supplies, and components in accordance with the existing order for an established patient.(f) Requirement for practice setting of licensees.(1) A person licensed under the Act, Texas Occupations Code, Chapter 605, who practices in Texas shall practice only in facilities accredited under the Act unless the facility is one to which the accreditation requirement does not apply in accordance with §605.260(e) of the Act.(2) Persons licensed or registered under this title may provide orthotic or prosthetic care to an established patient of an accredited facility in the patient's private residence.(3) The scope of practice in a facility accredited in accordance with the Act includes offsite and telehealth practice by individual licensees within the licensees' scope of practice as appropriate and commensurate with the medical or physical limitations or disabilities of the patient.", "sourceNote": "Source Note: The provisions of this §114.75 adopted to be effective November 1, 2018, 43 TexReg 6950; amended to be effective May 1, 2022, 47 TexReg 2524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208726", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220027", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are nonrefundable. A new application for accreditation of a facility and payment of the initial accreditation fee may be required for certain changes at a facility in accordance with §114.29(c).(b) Schedule of fees.(1) prosthetist or orthotist license or license renewal--$300;(2) prosthetist/orthotist license or license renewal--$400;(3) prosthetist or orthotist assistant license or license renewal--$200;(4) prosthetist/orthotist assistant license or license renewal--$250;(5) prosthetic or orthotic student registration or registration renewal--$75;(6) prosthetic/orthotic student registration or registration renewal--$100;(7) prosthetist or orthotist temporary license or temporary license renewal--$150;(8) prosthetist/orthotist temporary license or temporary license renewal--$200;(9) prosthetic or orthotic facility accreditation or accreditation renewal--$400;(10) prosthetic/orthotic facility accreditation or accreditation renewal--$500;(11) upgrade for student registrant after passing the examination:(A) one category--$200;(B) two categories--$300;(12) changing the name of the on-site practitioner in charge of an accredited facility-- $0;(13) changing the name of the safety manager of an accredited facility-- $0;(14) changing the name of an accredited facility--$50;(15) retired voluntary charity care prosthetist or orthotist license renewal-- $0;(16) retired voluntary charity care prosthetist/orthotist license renewal-- $0;(17) prosthetist with orthotist assistant license or orthotist with prosthetist assistant license renewal--$350;(18) license, registration, or accreditation duplicate or replacement--$25;(19) orthotic or prosthetic examination--shall be determined by the department and shall consist of the examination fee in accordance with the current examination contract plus an administrative fee.(c) Late renewal fees for licenses issued under this chapter are prescribed under §60.83.(d) The fee for a dishonored/returned check or payment is the fee prescribed under §60.82.(e) The fee for a criminal history evaluation letter is the fee prescribed under §60.42.(f) Fees for dishonored/returned checks or payments and late renewal fees for accredited facilities shall follow the late fee schedule applicable to licenses under §60.82 and §60.83.", "sourceNote": "Source Note: The provisions of this §114.80 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542; amended to be effective May 1, 2022, 47 TexReg 2524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220027", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.90", "label": "Professional Standards and Basis for Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178423", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Enforcement Actions.(1) If a person or entity violates any provision of Texas Occupations Code, Chapters 51 or 605, any other applicable statute, this chapter, or a rule or order issued by the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Texas Occupations Code and the associated rules.(2) The enforcement authority granted under Texas Occupations Code, Chapters 51 or 605, any other applicable statutes, and any associated rules may be used to enforce the Texas Occupations Code and this chapter.(b) Fraud, misrepresentation, or concealment. A license, registration, or facility accreditation may be denied, revoked, suspended, probated, reprimanded, or an administrative penalty may be imposed when a license is obtained by fraud, misrepresentation, or concealment of a material fact, which includes, but is not limited to, the following:(1) committing fraud, misrepresentation, or concealment of a material fact submitted with an application or renewal for licensure, registration, or facility accreditation;(2) committing fraud, misrepresentation, or concealment of a material fact submitted with continuing education requirements;(3) impersonating or acting as a proxy for an examination candidate;(4) impersonating or acting as a proxy for a licensee or registrant at a continuing education activity;(5) using a proxy to take an examination or to participate in a continuing education activity;(6) providing false or misleading information to the department regarding an inquiry by the department; or(7) committing other fraud, misrepresentation, or concealment of a material fact submitted to the board or department.(c) Fraud or deceit concerning services provided. A license, registration, or facility accreditation may be denied, revoked, suspended, probated, reprimanded, or an administrative penalty may be imposed for fraud or deceit concerning services provided, which includes, but is not limited to, the following:(1) placing or causing to be placed, false, misleading, or deceptive advertising;(2) making or allowing false, misleading, or deceptive representations concerning the services or products provided or which have been provided;(3) making or allowing false, misleading, or deceptive representations on an application for employment;(4) using or allowing a person to use a license or registration for any fraudulent, misleading, or deceptive purpose;(5) knowingly employing or professionally associating with a person or entity who is providing prosthetic or orthotic services and is not licensed or accredited as required by the Act or this chapter;(6) forging, altering, or falsifying a physician's or health care professional's order;(7) delivering prosthetic or orthotic services or products through means of misrepresentation, deception, or subterfuge;(8) accepting or paying, or agreeing to pay or accept illegal remuneration for the securing or soliciting of patients as prohibited by Texas Occupations Code, §102.001;(9) making or filing, or causing another person to make or file, a report or record that the licensee knows to be inaccurate, incomplete, false, or illegal;(10) practicing with an expired, suspended, or revoked license or registration, or in a facility that is required to be accredited and has an expired, suspended, or revoked accreditation;(11) persistently or flagrantly overcharging a client, patient, or third party;(12) persistently or flagrantly over treating a client or patient;(13) violation of the Act, this chapter, or an order issued by the executive director or the commission;(14) taking without authorization medication, supplies, equipment, or property belonging to a patient; and(15) other fraud or deceit concerning services provided.(d) Unprofessional or unethical conduct. A license, registration, or facility accreditation may be denied, revoked, suspended, probated, reprimanded, or an administrative penalty may be imposed for unprofessional or unethical conduct, as defined in subsections (b) and (c). Other action that may cause a license, registration, or facility accreditation to be denied, not renewed, revoked, suspended, or that may cause an administrative penalty to be imposed include, but are not limited to:(1) discriminating based on race, color, national origin, religion, gender, age, or disability in the practice of prosthetics or orthotics;(2) having surrendered a license to the department or the licensing authority of another state, territory, or country to avoid disciplinary action or prosecution;(3) having a license revoked or suspended, having had other disciplinary action taken against the applicant, or having had the application for a license refused, revoked, or suspended by the department or the licensing authority of another state, territory, or country;(4) engaging in conduct that state, federal, or local law prohibits;(5) failing to maintain acceptable standards of prosthetics or orthotics practices as set forth by the department rules;(6) being unable to practice prosthetics or orthotics with reasonable skill, and safety to patients, due to illness or use of alcohol, drugs, narcotics, chemicals or other types of material or from mental or physical conditions;(7) having treated or agreed to treat human ailments by means other than prosthetic and orthotic treatments appropriate to or within the scope of the person's license;(8) failing to supervise and maintain supervision of clinical or technical personnel, licensed or unlicensed, in compliance with the Act and this chapter, or failing to provide on-site supervision for an accredited facility, if designated as the practitioner in charge of the facility;(9) providing prosthetic or orthotic services or products in a way that the person knows, or with the exercise of reasonable diligence should know violates the Act or this chapter;(10) failing to assess and evaluate a patient's status;(11) providing or attempting to provide services for which the licensee is unprepared through education or experience;(12) delegating functions or responsibilities to an individual lacking the ability, knowledge, or license/registration to perform the function or responsibility;(13) revealing confidential information concerning a patient or client except where required or allowed by law;(14) failing to obtain accreditation for a facility that must be accredited or failing to renew the accreditation of a facility that must be accredited;(15) assaulting or causing, permitting or allowing physical or emotional injury or impairment of dignity or safety to the patient or client;(16) making abusive, harassing, or seductive remarks to a patient, client, or co-worker in the workplace;(17) engaging in sexual contact as defined by the Penal Code, §21.01, with a patient or client as the result of the patient or client relationship;(18) failing to follow universal precautions or infection control standards as required by the Health and Safety Code, Chapter 85, Subchapter I;(19) submitting false documentation or information to the department relating to continuing education;(20) failing or refusing to provide acceptable documentation of continuing education reported to the department for renewal if selected for an audit, or if specifically requested by the department;(21) failing to cooperate with the department during an investigation of a complaint by not furnishing required documentation or responding to a request for information or a subpoena issued by the department or its authorized representative;(22) interfering with an investigation or disciplinary proceeding by misrepresentation of facts or by use of threats, retaliation or harassment against anyone;(23) fitting a prosthesis or orthosis without an order;(24) fitting a prosthesis or orthosis inaccurately or modifying the order without authorization from the prescribing physician or health care professional;(25) providing orthotic care in a facility that is not accredited in orthotics that is required to be accredited;(26) providing prosthetic care in a facility that is not accredited in prosthetics that is required to be accredited;(27) failing to truthfully respond in a manner that fully discloses all information in an honest, materially responsive and timely manner to a complaint filed with or by the department;(28) failing to report a known violation of the Act or this chapter to the department;(29) failing to comply with an order issued by the executive director or the commission; and(30) other unprofessional or unethical conduct.(e) Gross negligence or malpractice. A license, registration, or facility accreditation may be denied, revoked, suspended, probated, reprimanded, or an administrative penalty may be imposed for gross negligence or malpractice, which includes, but is not limited to, the following.(1) Performing an act or omission constituting gross neglect, such as conduct involving malice, willfulness or wanton and reckless disregard of the rights of others;(2) Performing an act or omission constituting malpractice, such as:(A) failing to perform services or provide products for which compensation has been received or failing to perform services or provide products with reasonable care, skill, expedience, and faithfulness;(B) failing to do that which a person of ordinary prudence would have done under the same or similar circumstances, or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.(f) Interference with an investigation. A license, registration, or facility accreditation may be denied, revoked, suspended, probated, reprimanded, or an administrative penalty may be imposed for interference with a department investigation by the misrepresentation of facts to the department or its authorized representative or by the use of threats or harassment against any person.(g) Surrender of license and formal disciplinary action.(1) When a licensee or accredited facility has offered the surrender of the license or accreditation after a complaint has been filed, the department shall consider whether to accept the surrender of the license.(2) Surrender of a license or accreditation without acceptance by the department does not deprive the department of jurisdiction to prosecute an alleged violation of the Act or this chapter.(3) When the department accepts a surrender while a complaint is pending, that surrender is deemed to be the result of a formal disciplinary action and an order shall be prepared accepting the surrender and reflecting this fact.(4) A license surrendered and accepted may not be reinstated; however, a person may apply for a new license in accordance with the Act and this chapter.(h) Frivolous complaints. A license, registration, or facility accreditation may be denied, revoked, suspended, probated, reprimanded, or an administrative penalty may be imposed for filing a complaint with the department that is frivolous or made in bad faith.", "sourceNote": "Source Note: The provisions of this §114.90 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542; amended to be effective August 15, 2024, 49 TexReg 5950." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178423", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "114", "label": "ORTHOTISTS AND PROSTHETISTS" }, "rule": { "number": "§114.95", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214946", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All information and materials subpoenaed or compiled by the department in connection with a complaint and investigation under this chapter are confidential in accordance with §605.2021 of the Act.(b) The department shall list with its business telephone number a toll-free telephone number established to accept complaints relating to a health profession regulated by the department.(c) For purposes of this section, a health profession is a profession for which the enabling statute is located in Title 3, Occupations Code, or that is determined to be a health profession under other law.", "sourceNote": "Source Note: The provisions of this §114.95 adopted to be effective October 1, 2016, 41 TexReg 4467." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214946", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214947", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter have the following meaning unless the context clearly indicates otherwise.(1) Act--The Texas Midwifery Act, Texas Occupations Code, Chapter 203.(2) Advisory Board--The Midwives Advisory Board appointed by the presiding officer of the Commission with the approval of the Commission.(3) Appropriate health care facility--The Department of State Health Services, a local health department, a public health district, a local health unit or a physician's office where specified tests can be administered and read, and where other medical/clinical procedures normally take place.(4) Basic midwifery education course--A course approved by the department to fulfill the education requirement for obtaining an initial midwife license.(5) Collaboration--The process in which a midwife and a physician or another licensed health care professional of a different profession jointly manage the care of a woman or newborn according to a mutually agreed-upon plan of care.(6) Commission--The Texas Commission of Licensing and Regulation.(7) Compensation--Direct or indirect payment of anything of monetary value, except payment or reimbursement of reasonable, necessary, and actual travel and related expenses.(8) Consultation--The process by which a midwife, who maintains responsibility for the woman's care, seeks the advice of a physician or another licensed health care professional or member of the health care team of a different profession.(9) CPR certification--Official documentation of successful completion of a course in cardiopulmonary resuscitation issued by:(A) the American Heart Association, for health care providers;(B) the Red Cross, for the professional rescuer;(C) the National Safety Council, for healthcare providers and the professional rescuer; or(D) any other provider of a CPR course for health care providers currently accepted by the Department of State Health Services' Office of EMS/Trauma Systems Coordination.(10) Department--The Texas Department of Licensing and Regulation.(11) Direct supervision--Real-time, in-person observation and guidance by a preceptor who is physically present and immediately available to provide any necessary assistance and personally respond to any emergency.(12) Executive director--The executive director of the department.(13) Health authority--A physician who administers state and local laws regulating public health under the Health and Safety Code, Chapter 121, Subchapter B.(14) Local health unit--A division of a municipality or county government that provides limited public health services as provided by the Health and Safety Code, §121.004.(15) MANA--The Midwives Alliance of North America.(16) MEAC--The Midwifery Education Accreditation Council.(17) NARM--The North American Registry of Midwives.(18) Newborn care--The care of a child for the first six weeks of the child's life.(19) Normal childbirth--The labor and vaginal delivery at or close to term (37 up to 42 weeks) of a pregnant woman whose assessment reveals no abnormality or signs or symptoms of complications.(20) Physician--A physician licensed to practice medicine in Texas by the Texas Medical Board.(21) Postpartum care--The care of a woman for the first six weeks after the woman has given birth.(22) Preceptor--an individual who provides direct supervision of a student and is:(A) a midwife licensed in Texas;(B) a certified nurse-midwife, as defined in the Act; or(C) a physician licensed in Texas and actively engaged in the practice of obstetrics in an out-of-hospital setting.(23) Public health district--A district created under the Health and Safety Code, Chapter 121, Subchapter E.(24) Referral--The process by which a midwife directs the client to a physician or another licensed health care professional who has current obstetric or pediatric knowledge and who is working under supervision and delegation of a physician.(25) Retired midwife--A person holding a retired voluntary charity care status license under §115.16.(26) Standing delegation orders--Written instructions, orders, rules, regulations or procedures prepared by a physician and designated for a patient population, and delineating under what set of conditions and circumstances actions should be instituted, as described in the rules of the Texas Medical Board in 22 Texas Administrative Code, Chapter 193 (relating to Standing Delegation Orders).(27) Student--A person performing activities under a basic midwifery education course or a preceptorship to fulfill the requirements for a midwife license or certification by NARM.(28) Transfer--The process by which a midwife relinquishes care of the client for pregnancy, labor, delivery, or postpartum care or care of the newborn to a physician or another licensed health care professional who has current obstetric or pediatric knowledge and who is working under the supervision and delegation of a physician.(29) Voluntary charity care--Midwifery care provided without compensation and with no expectation of compensation.", "sourceNote": "Source Note: The provisions of this §115.1 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214947", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.2", "label": "License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178486", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not practice midwifery unless the person holds a license issued under the Act.", "sourceNote": "Source Note: The provisions of this §115.2 adopted to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178486", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.3", "label": "Midwives Advisory Board Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214948", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter, including scope of practice and health related standards of care.", "sourceNote": "Source Note: The provisions of this §115.3 adopted to be effective October 1, 2016, 41 TexReg 4477." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214948", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.4", "label": "Advisory Board Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214949", "queryAsDate": "03/11/2026" }, "ruleBody": "The Midwives Advisory Board consists of nine members appointed by the presiding officer of the commission, with the approval of the commission as follows:(1) five licensed midwife members each of whom has at least three years' experience in the practice of midwifery;(2) two members who represent the public and who are not practicing or trained in a health care profession, one of whom is a parent with at least one child born with the assistance of a midwife;(3) one physician member who is certified by a national professional organization of physicians that certifies obstetricians and gynecologists; and(4) one physician member who is certified by a national professional organization of physicians that certifies family practitioners or pediatricians.", "sourceNote": "Source Note: The provisions of this §115.4 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214949", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.5", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178489", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory board serve staggered six-year terms. The terms of three members expire on January 31st of each odd-numbered year.(b) If a vacancy occurs on the board during a member's term, the presiding officer of the commission, with the commission's approval, must appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.(c) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member.", "sourceNote": "Source Note: The provisions of this §115.5 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178489", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.6", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209305", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall designate a member of the advisory board as the presiding officer of the advisory board to serve for a term of one year.(b) The presiding officer of the advisory board shall preside at all board meetings at which he or she is in attendance. The presiding officer of the advisory board may vote on any matter before the advisory board.", "sourceNote": "Source Note: The provisions of this §115.6 adopted to be effective October 1, 2016, 41 TexReg 4477." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209305", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.7", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214950", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board shall meet at the call of the presiding officer of the commission or the executive director.(b) A quorum of the advisory board is necessary to conduct official business.(c) Advisory board action shall require a majority vote of those members present and voting.", "sourceNote": "Source Note: The provisions of this §115.7 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective July 1, 2022, 47 TexReg 3677." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214950", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.12", "label": "General Application Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214951", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, all applications, required information, and documentation of credentials must be submitted on department-approved forms and in the manner prescribed by the department.(b) Applicants must submit original or certified copies of documents if requested by the department.", "sourceNote": "Source Note: The provisions of this §115.12 adopted to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214951", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.13", "label": "Initial Application for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214952", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial licensure. An individual may apply for licensure as a midwife at any time during the year by submitting the following to the department:(1) a completed application;(2) proof of successful completion of a continuing education course covering the current Texas Midwifery Basic Information and Instructor Manual;(3) proof of one of the following:(A) Certified Professional Midwife certification by NARM; or(B) successful completion and passing of:(i) a basic midwifery education course; and(ii) the NARM exam or any other comprehensive exam approved by the department;(4) proof of current CPR certification;(5) proof of current certification in neonatal resuscitation, §§1 - 4, from the American Academy of Pediatrics or an equivalent certification approved by the department;(6) proof of one of the following:(A) satisfactory completion of training in the collection of newborn screening specimens; or(B) an established relationship with another qualified and appropriately credentialed health care provider who has agreed to collect newborn screening specimens on behalf of the applicant;(7) the fee required under §115.80; and(8) proof of passing the jurisprudence examination approved by the department within one year prior to the date of application.(b) Initial licensure after interim of more than four years. An application for initial licensure submitted more than four years after the applicant's completion of a basic midwifery education course must also include proof of completion of at least 40 hours of continuing education within the year preceding the application, which must include a review of:(1) the current Texas Midwifery Basic Information and Instructor Manual; and(2) the current MANA Core Competencies and Standards of Practice.(c) The applicant must successfully pass a criminal history background check.(d) Pursuant to Texas Occupations Code, Chapters 51 and 203, the commission or the executive director may deny the application for violation of the Act.(e) If after review the department determines that the application should not be approved, the department shall give the applicant written notice of the reason for the proposed decision and of the opportunity for a hearing under Texas Government Code, Chapter 2001.(f) An initial midwife license is valid from the date of issuance until March 1 of the second calendar year following the calendar year in which it is issued.", "sourceNote": "Source Note: The provisions of this §115.13 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214952", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.14", "label": "License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214953", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A midwife license may be renewed for a two-year period by submitting to the department:(1) a completed application;(2) if selected for audit, proof of completion of at least 20 contact hours of continuing education since the license was last issued or renewed;(3) proof of current CPR certification;(4) proof of current certification in neonatal resuscitation, §§1 - 4, from the American Academy of Pediatrics or an equivalent certification approved by the department;(5) the fee required under §115.80;(6) proof of passing the jurisprudence examination approved by the department in the four years preceding renewal; and(7) proof of completion of the human trafficking prevention training required under Occupations Code, Chapter 116.(b) For each license expiring on or after September 1, 2022, at least two of the 20 contact hours of continuing education submitted for license renewal must cover the topic of assessing fetal heart rates by intermittent auscultation.(c) The department will employ an audit system for reporting completion of continuing education. The licensee is responsible for maintaining a record of the licensee's continuing education experiences. The certificates, transcripts, or other documentation verifying the completion of continuing education hours shall not be forwarded to the department at the time of renewal unless the department has selected the licensee for audit.(d) The audit process for continuing education shall be as follows:(1) The department will select for audit a random sample of licensees for each renewal period. Licensees will be notified of the continuing education audit when they receive their renewal documentation.(2) If selected for an audit, the licensee shall submit copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the licensee's attendance, participation, and completion of the continuing education. All documentation must be provided at the time of the renewal.(3) Failure to timely furnish documentation or providing false information during the audit process or the renewal process are grounds for disciplinary action against the licensee.(4) A licensee who is selected for continuing education audit may renew through the online renewal process. However, the license will not be considered renewed until the required continuing education documents are received, accepted, and approved by the department.(5) Licenses will not be renewed until the continuing education requirements have been met.(e) An individual applying for renewal of a midwife license must successfully pass a criminal history background check.", "sourceNote": "Source Note: The provisions of this §115.14 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective August 1, 2020, 45 TexReg 5184; amended to be effective December 30, 2021, 46 TexReg 9028; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214953", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.15", "label": "Late Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214954", "queryAsDate": "03/11/2026" }, "ruleBody": "Late license renewal. A midwife whose license has expired may apply for late license renewal in accordance with the department's procedural rules at 16 TAC §60.31 and §60.83. Applications for late license renewal must include the following:(1) each of the items required for timely renewal; and(2) the fee required under §115.80.", "sourceNote": "Source Note: The provisions of this §115.15 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214954", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.16", "label": "Retired Voluntary Charity Care Status License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214955", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section implements Texas Occupations Code, Chapter 112. This section applies to a person who holds a midwife license issued by the department.(b) Eligibility. To be eligible for a retired voluntary charity care status license, the person must:(1) hold an active midwife license issued by the department;(2) not have any pending or current disciplinary actions against the person or the person's license; and(3) not be employed, under contract, or otherwise engaged in the practice of midwifery for compensation.(c) Initial application. To apply for a retired voluntary charity care status license, the person must:(1) submit a completed application on a department-approved form;(2) certify in writing that the person is retired and will provide only voluntary charity care;(3) submit any fee required under §115.80; and(4) successfully pass a criminal history background check.(d) Practice. A person holding a retired voluntary charity care status license:(1) may not provide midwifery services for compensation; and(2) is limited to providing only those services authorized under a midwife license.(e) Disciplinary actions. A person holding a retired voluntary charity care status license is subject to disciplinary action for:(1) a violation of the Act or the rules adopted under this chapter;(2) obtaining, or attempting to obtain, retired voluntary charity care status by submitting false or misleading information to the department; or(3) engaging in the practice of midwifery for compensation.(f) License term. A retired voluntary charity care status license is valid for two years from the date of issuance and may be renewed biennially.(g) Renewal.(1) To renew a retired voluntary charity care status license, a licensee must:(A) submit a completed application on a department-approved form;(B) submit all the items required for renewal of a midwife license under §115.14, with the exception that only five hours of continuing education must be completed;(C) submit any fee required under §115.80; and(D) successfully pass a criminal history background check.(2) A person whose retired voluntary charity care status license has expired may late renew the license in accordance with the department's procedural rules at 16 TAC §60.31 and §60.83.(3) A person whose retired voluntary charity care status license has expired may not practice or engage in midwifery or perform voluntary charity care.(h) Returning to active status.(1) A person who holds a retired voluntary charity care status license and who wants to return to active status must:(A) submit a completed application on a department-approved form;(B) complete 10 hours of continuing education in the 12 months preceding the application;(C) submit the midwife license renewal application fee required under §115.80; and(D) successfully pass a criminal history background check.(2) The application must be approved by the department before the person can return to active status and provide midwifery services for compensation.", "sourceNote": "Source Note: The provisions of this §115.16 adopted to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214955", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.20", "label": "Basic Midwifery Education Course Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214956", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for approval by the department as a basic midwifery education course, a course must:(1) have a course administrator and site in Texas(2) be offered only by an individual or organization meeting the requirements for course approval established by this section;(3) include a didactic component which must:(A) be based upon and completely cover the current Core Competencies and Standards of Practice of MANA and the current Texas Midwifery Basic Information Manual;(B) prepare the student to apply for certification by NARM; and(C) include a minimum of 250 hours course work;(4) be supervised and conducted by a course administrator who must:(A) be responsible for all aspects of the course;(B) have two years of experience in the independent practice of midwifery, nurse-midwifery, or obstetrics;(C) have been primary care giver for at least 75 births including provision of prenatal, intrapartum, and postpartum care; and(D) be at least one of the following:(i) a licensed midwife;(ii) a Certified Professional Midwife (CPM);(iii) American College of Nurse Midwives (ACNM) certified; or(iv) a physician licensed in Texas and actively engaged in the practice of obstetrics;(5) include didactic curriculum instructors who:(A) have training and credentials for the course material they will teach; and(B) are approved by the course administrator;(6) provide clinical experience of at least two years but no more than five years and equivalent to 1,350 clinical contact hours which prepares the student to become certified by NARM, including successful completion of at least the following activities:(A) Phase 1. Document attendance at 10 births in any setting, in any capacity (observer, doula, family member, friend, beginning student).(i) The births may be verified by any witness who was present at the birth.(ii) The births may not include the person's own birth.(B) Phase 2. Document completion of the following activities, as an assistant under direct supervision:(i) 20 births;(ii) 25 prenatal exams, including 3 initial exams;(iii) 20 newborn exams; and(iv) 10 postpartum exams.(C) Phase 3. Document completion of the following activities, as a primary under direct supervision:(i) 20 births, including:(I) five births for which the student provides a continuity of care consisting of a minimum of:(-a-) five prenatal exams spanning at least two trimesters;(-b-) the birth, including the placenta;(-c-) the newborn exam (within 12 hours of the birth); and(-d-) at least two postpartum exams (between 24 hours and 6 weeks following the birth); and(II) 10 births that include at least one prenatal exam;(ii) 75 prenatal exams, including 20 initial exams;(iii) 20 newborn exams; and(iv) 40 postpartum exams;(7) include preceptors who are approved by the course administrator;(8) allow student enrollment only to individuals who possess:(A) a high school diploma or the equivalent; and(B) current CPR certification.", "sourceNote": "Source Note: The provisions of this §115.20 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214956", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.21", "label": "Basic Midwifery Education Course Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214957", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Course approval.(1) To obtain initial approval as a basic midwifery education course, the course administrator must submit to the department a completed application, the fee required under §115.80, and the following supporting documentation:(A) course outline;(B) course curriculum with specific content references to:(i) MANA Core Competencies;(ii) NARM Written Test Specifications;(iii) NARM Skills Assessment Test Specifications;(iv) Texas Midwifery Basic Information and Instructor Manual; and(v) protocol writing, adaptation, and revision;(C) identification of didactic and preceptorship teaching sites;(D) a financial statement or balance sheet (within the last year) for the course administrator or course owner demonstrating the ability to provide refunds to any students who enroll; and(E) written policies to include:(i) entrance requirements;(ii) a tuition schedule and a list of all additional fees or charges;(iii) cancellation and refund policy, including the right of any prospective student to cancel an enrollment agreement within 72 hours after signing the agreement and receive a full refund of any money paid;(iv) student attendance, progress, and grievance policies;(v) rules of operation and conduct of course personnel;(vi) information on the requirements for state licensure, including the notice required by Occupations Code §53.152;(vii) disclosure of the approval status of the course; and(viii) maintenance of student files.(2) Student files must be maintained for a minimum of three years after the student is no longer enrolled in the course and must include:(A) evidence that the entrance requirements have been met, including CPR certification;(B) documentation of progression and completion of didactic and clinical course work; and(C) copies of any financial agreements between the student and the course.(3) If an application for initial approval meets all the requirements, a one-year provisional approval will be granted. The course administrator must then schedule with the department an on-site evaluation of the course to occur within the provisional year. The evaluation must be conducted by department staff and a licensed midwife within the provisional year. If the department is unable to conduct an on-site evaluation within the provisional year, the provisional approval will be extended until the department conducts an on-site evaluation and issues its approval or denial of the course. The on-site evaluation will include the following:(A) an inspection of the course's facilities;(B) a review of its teaching plan, protocols, and teaching materials;(C) a review of didactic and preceptorship instruction;(D) interviews with staff and students; and(E) a review of student, staff and preceptor files, to include coursework, protocols, and financial records.(4) The fee required under §115.80 will be assessed for each on-site evaluation.(5) The on-site evaluation written report will recommend to the department approval or denial of the course.(6) The department will evaluate the application and all other pertinent information, including any complaints received and the on-site evaluation report.(b) Course reciprocity. A course located in Texas which is currently accredited or pre-accredited by MEAC will be deemed approved as a basic midwifery education course, without an on-site evaluation, under this subsection upon submission to the department of evidence of such accreditation and the fee required under §115.80. An approval under this subsection is effective only for the period of time during which the course is accredited or pre-accredited by MEAC. A course approved under this subsection that later has its MEAC accreditation or pre-accreditation suspended or revoked must apply for department approval under subsection (a) within 10 days after the suspension or revocation.(c) Duration of course approval.(1) The department will approve basic midwifery education courses for a three year period. A course with reciprocity under subsection (b) will continue its reciprocity for as long as the course maintains MEAC accreditation or pre-accreditation.(2) To obtain a new approval period for a current basic midwifery education course, the course administrator must, within six months before the expiration date of the current course approval:(A) submit to the department a completed application;(B) schedule with the department, and successfully pass, an on-site evaluation to occur before the expiration date of the current course approval; and(C) submit to the department the fee required under §115.80 for the on-site evaluation.(d) Course changes. A substantive change to a basic midwifery course or its content must be approved by the department before the change is implemented.(e) Transfer hours. A basic midwifery education course may accept:(1) didactic and clinical transfer hours from another basic midwifery education course; and(2) clinical hours earned under a NARM-certified preceptor.", "sourceNote": "Source Note: The provisions of this §115.21 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214957", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.22", "label": "Preceptor Supervisory Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214958", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All clinical experience activities performed by a student must be under the direct supervision of a preceptor in accordance with this section.(1) The student must always be directly supervised regardless of whether the activities are being counted toward the student's education.(2) The student must perform only the activities authorized by the preceptor.(3) The student must not advertise, or represent to the public in any way, that the student is a midwife.(4) The student must not receive compensation from a client for performing supervised activities.(5) Before any service involving a student is provided to a client:(A) the client must be informed in writing of:(i) the requirements of this section;(ii) the identity and license status of the preceptor and the student;(iii) the services that will be provided under direct supervision to the client; and(B) the client must consent in writing to the services being provided under direct supervision.(b) A student acting under direct supervision in accordance with this section is not practicing midwifery in violation of the requirement to hold a license.(c) A licensed midwife providing direct supervision of a student is responsible for all actions and liabilities of the student.", "sourceNote": "Source Note: The provisions of this §115.22 adopted to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214958", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.23", "label": "Jurisprudence Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214959", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall develop a jurisprudence examination.(b) The subject matter covered by the examination shall include the Act, this chapter, and other Texas laws and rules which affect midwifery practice, as described in the current Texas Midwifery Basic Information and Instructor Manual.(c) The department shall review and update the examination as needed.(d) The department may contract with a vendor to administer the examination. Examination fees will be determined by the vendor contract and will be posted on the department's website. Reexaminations will be made available as necessary. The department or the contracting vendor will grade the examination and provide notice of results to the individual who took the examination.", "sourceNote": "Source Note: The provisions of this §115.23 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214959", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214960", "queryAsDate": "03/11/2026" }, "ruleBody": "All continuing education taken by midwives for the purpose of obtaining or renewing a midwifery license must be in accordance with this section.(1) Courses may be offered by any individual or organization that meets the requirements for course approval established by this section.(2) Course curriculum must provide an educational experience which:(A) covers established knowledge or new developments in the fields of midwifery or related disciplines; and(B) shall be presented in standard contact hour increments for continuing health education.(3) Course coordinators and instructors.(A) Course coordinators shall obtain course approval, register and certify participant attendance, and provide attendance certificates to participants following the course.(B) Course instructors shall have training and/or credentials appropriate for the course material they will teach.(4) Course approval. To be approved by the department, a continuing education course must:(A) satisfy the requirements of paragraph (2); and(B) be provided or accredited by one of the following bodies:(i) a professional midwifery, nursing, social work, or medical association;(ii) a college, a university, or a basic midwifery education course;(iii) a nursing, medical, or health care organization;(iv) a state board of nursing or medicine;(v) a department of health; or(vi) a hospital.", "sourceNote": "Source Note: The provisions of this §115.25 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214960", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.70", "label": "Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178491", "queryAsDate": "03/11/2026" }, "ruleBody": "The following are grounds for denial of application for licensure or license renewal and for disciplinary action.(1) The commission or executive director may deny an application for initial licensure or license renewal and may take disciplinary action against any person based upon proof of the following:(A) violation of the Act or rules adopted under the Act;(B) submission of false or misleading information to the department;(C) intemperate use of alcohol or drugs while engaged in the practice of midwifery;(D) unprofessional or dishonorable conduct that may reasonably be determined to deceive or defraud the public;(E) inability to practice midwifery with reasonable skill and safety because of illness, disability, or psychological impairment;(F) judgment by a court of competent jurisdiction that the individual is mentally impaired;(G) disciplinary action taken by another jurisdiction affecting the applicant's legal authority to practice midwifery;(H) submission of a birth or death certificate known by the individual to be false or fraudulent, or other noncompliance with Health and Safety Code, Chapter 191, or 25 Texas Administrative Code (TAC), Chapter 181 (relating to Vital Statistics);(I) noncompliance with Health and Safety Code, Chapter 244, or 25 TAC, Chapter 137 (relating to Birthing Centers);(J) failure to practice midwifery in a manner consistent with the public health and safety;(K) failure to submit midwifery records in connection with the investigation of a complaint;(L) failure to use generally accepted standards of midwifery care;(M) failure to exercise ordinary diligence in the provision of midwifery care;(N) failure to act competently in the provision of midwifery care; or(O) a material misrepresentation knowingly made to the department on any matter or to a client during the provision of midwifery care.(2) The department may refuse to renew the license of a person who fails to pay an administrative penalty imposed under the Act, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.(3) The commission or executive director may suspend or revoke course approval if:(A) the course no longer meets one or more of the standards established by this chapter;(B) the course administrator, an instructor, or a preceptor does not have the qualifications required by this chapter;(C) course approval was obtained by fraud or deceit;(D) the course administrator falsified course registration, attendance, completion and/or other records; or(E) course approval was based on MEAC accreditation or pre-accreditation that has since been suspended or revoked.", "sourceNote": "Source Note: The provisions of this §115.70 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849; amended to be effective August 1, 2020, 45 TexReg 5184; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178491", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.75", "label": "License Surrender" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215948", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license issued by the department is the property of the department and shall be surrendered on demand.(b) A licensee may also voluntarily surrender his or her license to the department.", "sourceNote": "Source Note: The provisions of this §115.75 adopted to be effective October 1, 2016, 41 TexReg 4477." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215948", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214962", "queryAsDate": "03/11/2026" }, "ruleBody": "All fees must be made payable to the department and are nonrefundable.(1) Midwife license initial application fee--$195(2) Midwife license renewal application fee--$390 for each two-year renewal period(3) Duplicate license fee--$20(4) Retired voluntary charity care status license initial application fee--$0(5) Retired voluntary charity care status license renewal application fee--$0(6) Jurisprudence examination fee--$35(7) Basic midwifery education course initial application fee--$150(8) Basic midwifery education course on-site evaluation fee--$500(9) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(10) Dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).(11) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).", "sourceNote": "Source Note: The provisions of this §115.80 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660; amended to be effective January 1, 2024, 48 TexReg 7983." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214962", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.100", "label": "Standards for the Practice of Midwifery in Texas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194693", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Using reasonable skill and knowledge, the midwife must:(1) provide clients with a description of the scope of midwifery services and information regarding the client's rights and responsibilities in accordance with the Act;(2) assess the client on an ongoing basis for any factors which might preclude a client from admission into or continuing in midwifery care and document that assessment in the midwifery record;(3) provide clients with information about other providers and services when requested or when the care required is not within the scope of practice of midwifery; and(4) practice in accordance with the knowledge, clinical skills, and judgments described in the current adopted version of the MANA Core Competencies for Basic Midwifery Practice, within the bounds of the midwifery scope of practice as defined by the Act and this chapter;(b) The midwife shall provide care in a safe and clean environment. The midwife shall:(1) carry and use when needed, resuscitation equipment; and(2) use universal precautions for infection control.(c) The midwife shall document midwifery care in legible, complete health records. The midwife shall:(1) maintain records that completely and accurately document the client's history, physical exam, laboratory test results, antepartum visits, consultations, referrals, labor, delivery, postpartum visits, and neonatal evaluations at the time midwifery services are delivered and when reports are received;(2) review problems identified by the midwife or by other professionals or consumers in the community;(3) act to resolve problems that are identified;(4) maintain the confidentiality of midwifery records; and(5) maintain records:(A) for the mother, for a minimum of five years; and(B) for the infant, until the age of majority.(d) The midwife shall engage in a periodic process of evaluation and quality assurance. The midwife shall:(1) collect client care data systematically and be involved in analysis of that data for the evaluation of the process and outcome of care;(2) review problems identified by the midwife or by other professionals or consumers in the community; and(3) act to resolve problems that are identified.", "sourceNote": "Source Note: The provisions of this §115.100 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194693", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.111", "label": "Coordinating Care with Other Health Care Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194694", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A midwife shall consult with, refer to, collaborate with, or transfer to an appropriate healthcare provider or facility in accordance with the Act and this chapter.(b) If a client who is at a low risk of developing complications elects not to accept a referral or a physician or associate's advice, the midwife shall:(1) continue to care for the client after discussing and documenting the risks in the midwifery record, which shall include informing the client that her condition may worsen and require transfer;(2) seek a consultation;(3) manage the client in collaboration with an appropriate health care professional; or(4) terminate care.(c) If a midwife administers any prescription medication to a client or her newborn other than oxygen and eye prophylaxis, the midwife must do so in accordance with standing delegation orders from and under the supervision of a physician. The midwife shall ensure that the orders are current (renewed annually) and comply with state law and the rules of the Texas Medical Board.", "sourceNote": "Source Note: The provisions of this §115.111 adopted to be effective May 1, 2019, 44 TexReg 1849." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194694", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.112", "label": "Termination of the Midwife-Client Relationship" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194695", "queryAsDate": "03/11/2026" }, "ruleBody": "A midwife shall terminate care of a client only in accordance with this section unless a transfer of care results from an emergency situation.(1) Once the midwife has accepted a client, the relationship is ongoing and the midwife cannot refuse to continue to provide midwifery care to the client unless:(A) the client has no need of further care;(B) the client terminates the relationship; or(C) the midwife formally terminates the relationship.(2) The midwife may terminate care for any reason by:(A) providing a minimum of 14 days written notice, during which the midwife shall continue to provide midwifery care;(B) making an attempt to tell the client in person and in the presence of a witness of the midwife's wish to terminate care and the date that care will be terminated;(C) providing a list of alternate health care providers; and(D) documenting the termination of care in midwifery records.(3) If a client elects not to accept a non-emergency transfer, the midwife shall:(A) terminate the midwife-client relationship; or(B) manage the client in collaboration with a physician or another licensed health care professional who has current obstetric or pediatric knowledge and who is working under the supervision and delegation of a physician.", "sourceNote": "Source Note: The provisions of this §115.112 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194695", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.113", "label": "Transfer of Care in an Emergency Situation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194685", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In an emergency situation, the midwife shall initiate emergency care as indicated by the situation and immediate transfer of care by making a reasonable effort to contact the health care professional or institution to whom the client will be transferred and to follow the health care professional's instructions; and continue emergency care as needed while:(1) transporting the client by private vehicle; or(2) calling 911 and reporting the need for immediate transfer.(b) It is an emergency if, during labor, delivery, or six hours immediately following placental delivery, the midwife determines that transfer is necessary and the client refuses transfer. The midwife shall call 911 and provide further care as indicated by the situation. The midwife shall not provide any further care after the arrival of emergency medical service (EMS) personnel but may do so if requested by EMS personnel.", "sourceNote": "Source Note: The provisions of this §115.113 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194685", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.114", "label": "Prenatal Care" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Using reasonable skill and knowledge, the midwife shall collect, assess, and document maternal care data through a detailed obstetric, gynecologic, medical, social, and family history and a complete prenatal physical exam and appropriate laboratory testing, including antenatal testing if necessary; develop and implement a plan of care; thereafter evaluate the client's condition on an ongoing basis; and modify the plan of care as necessary. Health education/counseling shall be provided by the midwife as appropriate.(b) If on initial or subsequent assessment, one of the following conditions exists, the midwife shall recommend referral and document that recommendation in the midwifery record:(1) infection requiring antimicrobial therapy;(2) Hepatitis;(3) non-insulin dependent diabetes;(4) thyroid disease;(5) current drug or alcohol abuse;(6) asthma;(7) abnormal pap smear (consistent with malignancy or pre-malignancy) during the current pregnancy;(8) seizure disorder;(9) prior cesarean section (except for prior classical or vertical incision, which will require transfer in accordance with subsection (c)(8));(10) twin gestation;(11) history of prior antepartum or neonatal death;(12) history of prior infant with a genetic disorder;(13) abnormal vaginal bleeding;(14) maternal age less than 15 at estimated date of delivery;(15) history of cancer (except for ovarian, breast, uterine, or cervical cancer which will require transfer in accordance with subsection (c)(16));(16) psychiatric illness; or(17) any other condition or symptom which could adversely affect the mother or fetus, as assessed by a midwife exercising reasonable skill and knowledge.(c) If on initial or subsequent assessment, one of the following conditions exists, the midwife shall recommend transfer in accordance and document that recommendation in the midwifery record:(1) placenta previa in the third trimester;(2) Human Immunodeficiency Virus (HIV) positive or Acquired Immunodeficiency Syndrome (AIDS);(3) cardio vascular disease, including hypertension, with the exception of varicosities;(4) severe psychiatric illness;(5) history of cervical incompetence with surgical therapy;(6) pre-term labor (less than 37 weeks);(7) Rh or other blood group isoimmunization;(8) previous uterine surgery involving incision into the uterine myometrium, other than a low transverse cesarean section;(9) preeclampsia/eclampsia;(10) documented oligo-hydramnios or poly-hydramnios;(11) any known fetal malformation requiring immediate post-natal hospital care;(12) Preterm Premature Rupture of Membranes (PPROM);(13) intrauterine growth restriction;(14) insulin dependent diabetes;(15) triplet or higher order multiple gestation;(16) active cancer or history of ovarian, breast, uterine, or cervical cancer;(17) undiagnosed vaginal bleeding lasting longer than two weeks; or(18) any other condition or symptom which could threaten the life of the mother or fetus, as assessed by a midwife exercising reasonable skill and knowledge.(d) If a client has reached 42.0 weeks gestation and is not yet in labor, the midwife shall immediately either:(1) collaborate with a physician and obtain appropriate antenatal testing, in order to continue midwifery care; or(2) initiate transfer and document that action in the midwifery record.", "sourceNote": "Source Note: The provisions of this §115.114 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207265", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.115", "label": "Labor and Delivery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178509", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Using reasonable skill and knowledge, the midwife shall evaluate the client when the midwife arrives for labor and delivery, by obtaining a history, performing a physical exam, and collecting laboratory specimens.(b) The midwife shall monitor the client's progress in labor by monitoring vital signs, contractions, fetal heart tones, cervical dilation, effacement, station, presentation, membrane status, input/output and subjective status as indicated.(c) The midwife shall assist only in normal, spontaneous vaginal deliveries as allowed by the Act or this chapter.(d) The midwife shall not engage in the following:(1) application of fundal pressure on abdomen or uterus during first or second stage of labor;(2) administration of oxytocin, ergot, or prostaglandins prior to or during first or second stage of labor; or(3) any other prohibited practice as delineated by the Act, §203.401 (relating to Prohibited Practices).(e) If on initial or subsequent assessment during labor or delivery, one of the following conditions exists, the midwife shall initiate immediate emergency transfer in accordance with §115.113 and document that action in the midwifery record:(1) prolapsed cord;(2) chorio-amnionitis;(3) uncontrolled hemorrhage;(4) gestational hypertension/preeclampsia/eclampsia;(5) severe abdominal pain inconsistent with normal labor;(6) abnormal fetal heart rate, which includes but is not limited to:(A) bradycardia;(B) tachycardia;(C) abnormal rhythm; or(D) persistent recurrent variable or late decelerations after 30 minutes of intrauterine resuscitative measures;(7) seizure;(8) thick meconium unless the birth is imminent;(9) visible genital lesions suspicious of herpes virus infection;(10) evidence of maternal shock;(11) preterm labor (less than 37 weeks);(12) presentation(s) not compatible with spontaneous vaginal delivery;(13) laceration(s) requiring repair beyond the scope of practice of the midwife;(14) failure to progress in labor;(15) retained placenta;(16) uterine tachysystole; or(17) any other condition or symptom which could threaten the life of the mother or fetus, as assessed by a midwife exercising reasonable skill and knowledge.(f) If intermittent auscultation is used to determine the fetal heart rate, the intermittent auscultation shall be performed as recommended by the American College of Nurse-Midwives.", "sourceNote": "Source Note: The provisions of this §115.115 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849; amended to be effective December 30, 2021, 46 TexReg 9028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178509", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.116", "label": "Postpartum Care" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194687", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Using reasonable skill and knowledge, the midwife shall assess the mother during the immediate postpartum period by monitoring vital signs, uterine fundus, bleeding and subjective status for a minimum of two hours after mother's condition is stable as indicated.(b) Using reasonable skill and knowledge, the midwife shall:(1) collect, assess and document maternal care data throughout the postpartum period including history, physical exam, laboratory testing;(2) develop and implement a plan of care;(3) evaluate the client's condition on an ongoing basis and modify the plan of care as necessary; and(4) provide health education/counseling.(c) If on any postpartum assessment one of the following conditions exists, the midwife shall recommend referral to an appropriate health care professional and document that recommendation in the midwifery record:(1) infection requiring antimicrobial therapy;(2) bladder dysfunction;(3) major depression; or(4) any other condition or symptom which could threaten the health of the mother, as assessed by a midwife exercising reasonable skill and knowledge.(d) If on any postpartum assessment one of the following conditions exists, the midwife shall initiate immediate emergency transfer, initiate emergency care as indicated by the situation, continue care as needed, and document that action in the midwifery record:(1) uncontrolled hemorrhage;(2) maternal shock;(3) any hypertensive disorder, including preeclampsia/eclampsia;(4) signs of thrombophlebitis or pulmonary embolism; or(5) any other condition or symptom which could threaten the life of the mother, as assessed by a midwife exercising reasonable skill and knowledge.", "sourceNote": "Source Note: The provisions of this §115.116 adopted to be effective October 1, 2016, 41 TexReg 4477." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194687", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.117", "label": "Newborn Care During the First Six Weeks After Birth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194688", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to delivery, the midwife shall establish a plan with the client for continuing care of the newborn. This plan shall:(1) include referral or transfer to a health care professional who has current pediatric knowledge;(2) include a recommendation that the client pre-arrange the timing of the first newborn visit with the health care professional; and(3) be documented in the midwifery record.(b) Using reasonable skill and knowledge, the midwife shall:(1) collect, assess and document newborn care data by monitoring the vital signs, performing a physical exam, and obtaining the laboratory tests necessary for the infant during the postpartum period;(2) provide appropriate education and counseling to the mother; and(3) observe the newborn for a minimum of two hours after he or she is stable with no signs of distress.(c) If on any newborn assessment in the immediate postpartum period (first six hours of life), one of the following conditions exists, the midwife shall recommend referral and document that recommendation in the midwifery record:(1) birth injury;(2) gestational age assessment less than 36 weeks;(3) small for gestational age;(4) larger than 97th percentile for gestational age; or(5) any other abnormal newborn behavior or appearance which could adversely affect the newborn, as assessed by a midwife exercising reasonable skill and knowledge.(d) If on any newborn assessment in the immediate postpartum period (first six hours of life), one of the following conditions exists, the midwife shall initiate immediate transfer to an appropriate health care professional, initiate emergency care as indicated by the situation, continue care as needed, and document that action in the midwifery record:(1) non-transient respiratory distress;(2) non-transient pallor or central cyanosis;(3) jaundice;(4) apgar at 5 minutes less than or equal to 6;(5) prolonged apnea;(6) hemorrhage;(7) signs of infection;(8) seizure;(9) major congenital anomaly not diagnosed prenatally;(10) unstable vital signs;(11) prolonged:(A) lethargy;(B) flaccidity; or(C) irritability;(12) inability to suck;(13) persistent jitteriness;(14) hyperthermia;(15) hypothermia; or(16) other abnormal newborn behavior or appearance which could threaten the life of the newborn, as assessed by a midwife exercising reasonable skill and knowledge.(e) If on any newborn assessment after the immediate postpartum period, one of the following conditions exists, the midwife shall recommend referral to an appropriate health care professional and document that recommendation in the midwifery record:(1) abnormal laboratory test results;(2) minor congenital anomaly;(3) failure to thrive; or(4) any other abnormal newborn behavior or appearance which could adversely affect the infant, as assessed by a midwife exercising reasonable skill and knowledge.(f) If on any newborn assessment after the immediate postpartum period, one of the following conditions exists, the midwife shall initiate immediate transfer to an appropriate health care professional and document that action in the midwifery record:(1) respiratory distress;(2) pallor or central cyanosis;(3) pathological jaundice;(4) hemorrhage;(5) seizure;(6) inability to urinate or pass meconium within 24 hours of birth;(7) unstable vital signs;(8) lethargy;(9) flaccidity;(10) irritability;(11) inability to feed;(12) persistent jitteriness; or(13) any other abnormal newborn behavior or appearance which could threaten the life of the newborn, as assessed by a midwife exercising reasonable skill and knowledge.", "sourceNote": "Source Note: The provisions of this §115.117 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194688", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.118", "label": "Administration of Oxygen" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194689", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A midwife is not required to use oxygen but remains responsible for assessing the client and newborn, recommending referral, and recommending transfer or transport of the mother and newborn.(b) This section establishes that:(1) intrapartum oxygen may be administered to the mother for the following:(A) fetal heart rate irregularities while assessing for consultation and/or possible transfer;(B) cord prolapse prior to transport;(C) signs or symptoms of maternal shock or hemorrhage prior to transport;(D) as indicated by American Heart Association Cardiopulmonary Resuscitation Guidelines; or(E) other situations not listed above and deemed necessary according to generally accepted standards of midwifery practice to protect the health and well-being of the mother or fetus;(2) postpartum oxygen may be administered while monitoring according to the Midwifery Practice Standards and Principles:(A) to the newborn during the initial neonatal period at a rate concurrent with American Academy of Pediatrics Neonatal Resuscitation guidelines; or(B) to the mother and/or newborn in other situations not listed above and deemed necessary according to generally accepted standards of midwifery practice to protect the health and well-being of the mother and/or newborn;(3) indications for administration of oxygen shall be clearly documented in the midwifery record.(c) Midwives are authorized to purchase equipment and supplies listed in the American Heart Association Cardiopulmonary Resuscitation Guidelines and the American Academy of Pediatrics Neonatal Resuscitation Guidelines for the administration of oxygen.", "sourceNote": "Source Note: The provisions of this §115.118 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194689", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.119", "label": "Eye Prophylaxis" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each midwife is responsible for administering or causing to be administered to every infant which she or he delivers the necessary eye prophylaxis to prevent ophthalmia neonatorum in accordance with the medications specified in Health and Safety Code, §81.091.(b) A midwife in attendance at childbirth who is unable to apply prophylaxis as required by Section 81.091, Health and Safety Code, due to the objection of the parent, managing conservator, or guardian of the newborn child does not commit an offense under that section and is not subject to any criminal, civil, or administrative liability or any professional disciplinary action for failure to administer the prophylaxis. The midwife in attendance at childbirth shall ensure that the administration of eye prophylaxis, or the objection of the parent, managing conservator, or guardian, is entered into the medical record of the child.(c) The administration and possession of prophylaxis by a midwife is not a violation of the provisions of the Health and Safety Code, Chapter 483, concerning dangerous drugs.", "sourceNote": "Source Note: The provisions of this §115.119 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214963", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.120", "label": "Newborn Screening" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214964", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each midwife who attends the birth of a child is responsible for collecting blood specimens for newborn screening tests to the extent required by the Health and Safety Code, Chapters 33 and 34, and 25 TAC §§37.51 - 37.65, or making a referral in accordance with this subsection. A midwife must not collect blood specimens for the tests without appropriate training. Each midwife must have one of the following documents on file with the department to maintain licensure.(1) Midwife Training Certification Form for Newborn Screening Specimen Collection. A midwife who chooses to collect blood specimens for the newborn screening tests must first obtain training to collect blood specimens from an appropriate health care facility. Instruction must be based upon the procedure for newborn screening developed by the Department of State Health Service's Newborn Screening Program under authority of the Health and Safety Code, Chapter 33, as implemented in 25 TAC, Chapter 37, Subchapter D. At the completion of the instruction for newborn screening blood collection, the midwife must request that the form Midwife Training Certification Form for Newborn Screening Specimen Collection be signed by the designated representative of the health care facility, attesting to the fact that the midwife has complied with this requirement. This training, as part of the licensure requirements, is only necessary once unless there is a change in screening procedures. A midwife who submits to the department a completed form in compliance with this paragraph is considered approved by the department to collect blood specimens for the newborn screening tests.(2) Newborn Screening Agreement for Newborn Babies of Midwife Clients. The midwife could also choose to refer the family to have the infant's screening done at an appropriate health care facility. In this case, the midwife must use the form Newborn Screening Agreement for Newborn Babies of Midwife Clients to attest to her responsibility for seeing that the screening is done and to designate a facility for such screening. The form must include a section where the facility representative signs, agreeing that the facility will do the screening.(b) As long as the midwife has been approved by the department to perform the newborn screening test, the act of collecting this specimen will not constitute \"practicing medicine\" as defined by the Medical Practice Act.(c) The physician, or other appropriately trained healthcare provider who instructs a midwife in the approved techniques for newborn screening on the orders of a physician, is immune from liability arising out of the failure or refusal of a midwife to:(1) collect and submit the blood specimen in an approved manner; or(2) send the samples to the laboratories designated by the Department of State Health Services in a timely manner.(d) Newborn Screening Test Objection Form. A midwife must obtain a completed and signed Newborn Screening Test Objection form from any parent who refuses to allow a midwife to perform the newborn screening tests.", "sourceNote": "Source Note: The provisions of this §115.120 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214964", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.121", "label": "Informed Choice and Disclosure Statement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178498", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A midwife must use the form prescribed by the department to meet the written informed choice and disclosure requirements of §203.351 of the Act.(b) The content of the form described in subsection (a) must be provided to a prospective client in both oral and written form before any midwifery service is provided.(c) A student performing clinical experience activities must have informed consent as required by §115.22.", "sourceNote": "Source Note: The provisions of this §115.121 adopted to be effective September 1, 2023, 48 TexReg 4660." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178498", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.122", "label": "Obtain Complaint Information without Consent of Client" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178499", "queryAsDate": "03/11/2026" }, "ruleBody": "The department shall obtain all relevant midwifery records and medical records necessary to conduct an investigation of a complaint without the necessity of consent of the midwife's client.", "sourceNote": "Source Note: The provisions of this §115.122 adopted to be effective October 1, 2016, 41 TexReg 4477." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178499", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.123", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178500", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code, Chapters 51 or 203, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 51 and 203 and any associated rules.", "sourceNote": "Source Note: The provisions of this §115.123 adopted to be effective October 1, 2016, 41 TexReg 4477." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178500", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "115", "label": "MIDWIVES" }, "rule": { "number": "§115.125", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178518", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 203 and any associated rules may be used to enforce Texas Occupations Code, Chapters 51, 203 and this chapter.", "sourceNote": "Source Note: The provisions of this §115.125 adopted to be effective October 1, 2016, 41 TexReg 4477." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178518", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§116.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200532", "queryAsDate": "03/11/2026" }, "ruleBody": "The sections in this chapter are promulgated under the authority of the Texas Occupations Code, Chapters 51 and 701.", "sourceNote": "Source Note: The provisions of this §116.1 adopted to be effective October 1, 2016, 41 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200532", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§116.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178521", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Academy--The Academy of Nutrition and Dietetics, which is the national professional association of dietitians.(2) Accreditation Council for Education in Nutrition and Dietetics (ACEND)--The Academy of Nutrition and Dietetics' accrediting agency for dietetic education programs.(3) Accredited facilities--Facilities accredited by the Joint Commission on Accreditation of Health Care Organizations.(4) Act--The Licensed Dietitian Act, Texas Occupations Code, Chapter 701.(5) Advisory Board--Dietitians Advisory Board.(6) Certified facilities, agencies, or organizations--Facilities, agencies, or organizations certified by federal agencies.(7) Commission--The Texas Commission of Licensing and Regulation.(8) Commission on Dietetic Registration (CDR)--The Commission on Dietetic Registration, the credentialing agency for the Academy of Nutrition and Dietetics, is the agency that evaluates credentials, administers proficiency examinations, and issues certificates of registration to qualifying dietitians, and is a member of the National Commission on Health Certifying Agencies. The Commission on Dietetic Registration also approves continuing education activities.(9) Department--The Texas Department of Licensing and Regulation.(10) Dietitian--A person licensed under the Act.(11) Dietetics--The professional discipline of applying and integrating scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences under different health, social, cultural, physical, psychological, and economic conditions to the proper nourishment, care, and education of individuals or groups throughout the life cycle to achieve and maintain the health of people. The term includes, without limitation, the development, management, and provision of nutrition services.(12) Executive director--The executive director of the department.(13) Licensed dietitian (LD)--A person licensed under the Act.(14) Licensed facilities, agencies, or organizations--Facilities, agencies, or organizations licensed by state agencies.(15) Licensee--A person who holds a current license as a dietitian issued under the Act.(16) Nutrition assessment--The evaluation of the nutritional needs of individuals and groups based on appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake including enteral and parenteral nutrition. Nutrition assessment is an important component of medical nutrition therapy.(17) Nutrition counseling--Advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status. Nutrition counseling is an important component of medical nutrition therapy.(18) Nutrition services--This term means:(A) assessing the nutritional needs of individuals and groups and determining resources and constraints in the practice;(B) establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;(C) providing nutrition counseling in health and disease;(D) developing, implementing, and managing nutrition care systems; or(E) evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services.(19) Registered dietitian (RD)--A person who is currently registered as a dietitian by the Commission on Dietetic Registration.", "sourceNote": "Source Note: The provisions of this §116.2 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178521", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "B", "label": "DIETITIANS ADVISORY BOARD" }, "rule": { "number": "§116.10", "label": "Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178522", "queryAsDate": "03/11/2026" }, "ruleBody": "The Dietitians Advisory Board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:(1) six licensed dietitian members, each of whom has been licensed under the Act for not less than three years before the member's date of appointment; and(2) three members who represent the public.", "sourceNote": "Source Note: The provisions of this §116.10 adopted to be effective October 1, 2016, 41 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178522", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "B", "label": "DIETITIANS ADVISORY BOARD" }, "rule": { "number": "§116.11", "label": "Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178523", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §116.11 adopted to be effective October 1, 2016, 41 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178523", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "B", "label": "DIETITIANS ADVISORY BOARD" }, "rule": { "number": "§116.12", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178524", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory board serve staggered six-year terms. The terms of three members begin on September 1 of each odd-numbered year.(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.(c) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member.", "sourceNote": "Source Note: The provisions of this §116.12 adopted to be effective October 1, 2016, 41 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178524", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "B", "label": "DIETITIANS ADVISORY BOARD" }, "rule": { "number": "§116.13", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209306", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall designate a member of the advisory board as the presiding officer of the advisory board to serve for a term of one year.(b) The presiding officer of the advisory board shall preside at all board meetings at which he or she is in attendance. The presiding officer of the advisory board may vote on any matter before the advisory board.", "sourceNote": "Source Note: The provisions of this §116.13 adopted to be effective October 1, 2016, 41 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209306", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "B", "label": "DIETITIANS ADVISORY BOARD" }, "rule": { "number": "§116.14", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200533", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board shall meet at the call of the presiding officer of the commission or the executive director.(b) A quorum of the advisory board is necessary to conduct official business. A quorum is five members.(c) Advisory board action shall require a majority vote of those members present and voting.", "sourceNote": "Source Note: The provisions of this §116.14 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2022, 47 TexReg 3678." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200533", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "C", "label": "EDUCATION REQUIREMENTS" }, "rule": { "number": "§116.20", "label": "Education Requirements--Degrees and Course Work" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200534", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall accept as meeting licensure requirements baccalaureate and post-baccalaureate degrees and course work received from United States colleges or universities which held accreditation, at the time the degree was conferred or the course work was taken, from accepted regional educational accrediting associations as reported by the American Association of Collegiate Registrars and Admissions Officers.(b) Degrees and course work received at foreign colleges and universities shall be acceptable only if such course work could be counted as transfer credit from accredited colleges or universities as reported by the American Association of Collegiate Registrars and Admissions Officers.(c) A person applying for licensure must possess a baccalaureate or post-baccalaureate degree with:(1) a major course of study in human nutrition, food and nutrition, nutrition education dietetics, or food systems management; or(2) an equivalent major course of study approved by the department.(d) For purposes of meeting the requirement under subsection (c)(2), the department will accept a major course of study that is acceptable to CDR to qualify for the CDR examination.(e) An applicant must provide an active CDR registration number at the time of license application to show proof of meeting the education requirements under this section. The applicant's degree(s) and coursework that are accepted for registration by the CDR shall be acceptable for licensure by the department.", "sourceNote": "Source Note: The provisions of this §116.20 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200534", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "C", "label": "EDUCATION REQUIREMENTS" }, "rule": { "number": "§116.22", "label": "Experience Requirements--Internships and Professional Experience Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200535", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for examination must have satisfactorily completed an approved internship or preplanned, documented, professional experience program in dietetics practice of not less than 900 hours under the supervision of a licensed dietitian or a registered dietitian.(b) For purposes of meeting the requirements under subsection (a), the department approves and accepts the following, which are approved or recognized by the CDR or ACEND:(1) a dietetic internship;(2) a coordinated undergraduate program in dietetics;(3) an individualized supervised practice pathway (ISPP) in dietetics; or(4) a professional experience program in dietetics.(c) An applicant must provide an active CDR registration number at the time of license application to show proof of completing the experience requirements under this section. The applicant's internship or professional experience program accepted for registration by the CDR shall be acceptable for licensure by the department.", "sourceNote": "Source Note: The provisions of this §116.22 adopted to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200535", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "E", "label": "EXAMINATION REQUIREMENTS" }, "rule": { "number": "§116.40", "label": "License Examination Requirements--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200536", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant must pass a license examination to qualify for a dietitian license under this chapter.(b) Pursuant to Texas Occupations Code §701.253, the examination required for licensure as a Licensed Dietitian is the examination given by the Commission on Dietetic Registration.(c) An applicant must meet the education and experience requirements under Texas Occupations Code §701.254 to qualify to take the licensing examination.", "sourceNote": "Source Note: The provisions of this §116.40 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200536", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "E", "label": "EXAMINATION REQUIREMENTS" }, "rule": { "number": "§116.42", "label": "License Examination Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191340", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who wishes to take the examination is responsible for completing the examination registration form and submitting it with the appropriate fee to the Commission on Dietetic Registration (CDR) or its designee.(b) Examinations administered by the CDR or its designee will be held in locations to be announced by the CDR or its designee.(c) Examinations administered by the CDR or its designee shall be graded by the CDR or its designee. The passing grade is determined by the CDR.(d) The CDR or its designee shall notify the applicant of the examination results.(e) An applicant must provide an active CDR registration number at the time of license application to show proof of passing the CDR examination.", "sourceNote": "Source Note: The provisions of this §116.42 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191340", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "E", "label": "EXAMINATION REQUIREMENTS" }, "rule": { "number": "§116.44", "label": "Texas Jurisprudence Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200537", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for licensure as a licensed dietitian shall pass the Texas Jurisprudence Examination prescribed by the department.(b) The Texas Jurisprudence Examination is separate from the license examination under §116.40 and §116.42. The Texas Jurisprudence Examination tests the applicant's knowledge of the statute, rules and any other applicable law affecting the applicant's dietetics practice.(c) The applicant must register online and pay the Texas Jurisprudence Examination fee to the third-party provider. The applicant does not need to qualify through the department to take the Texas Jurisprudence Examination.(d) The applicant must successfully complete the Texas Jurisprudence Examination and submit a certificate of completion prior to receiving a license as a licensed dietitian.", "sourceNote": "Source Note: The provisions of this §116.44 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200537", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "F", "label": "LICENSED DIETITIANS" }, "rule": { "number": "§116.50", "label": "Licensed Dietitians--Application and Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200538", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on official department-approved forms.(b) To apply for an initial license, an applicant must submit:(1) a completed application on a department-approved form;(2) the applicant's active registration number issued by the Commission on Dietetic Registration as proof that the applicant has met the education, experience, and examination requirements specified in Texas Occupations Code Chapter 701 and in this chapter;(3) the form providing information regarding other state licenses, certificates, or registrations that an applicant holds or held, if applicable;(4) proof of successfully completing the Texas Jurisprudence Examination under Texas Occupations Code §701.2575 and rule §116.44; and(5) the fee required under §116.110.(c) The applicant must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(d) The applicant must meet the fitness requirements under §116.51.", "sourceNote": "Source Note: The provisions of this §116.50 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200538", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "F", "label": "LICENSED DIETITIANS" }, "rule": { "number": "§116.51", "label": "Licensed Dietitians--Fitness of Applicants for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178541", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Occupations Code §701.151(b)(2), this section applies to initial applications, renewal applications, and applications for reciprocal licenses.(b) In determining the fitness of an applicant for licensure, the department shall consider the following:(1) the ability of an applicant to uphold the standards and requirements of the profession; and(2) the ethical behavior of an applicant in relationships with other professionals and clients.(c) In determining the fitness of an applicant for licensure the department may request and consider any of the following:(1) disciplinary actions taken by CDR against the applicant's CDR registration;(2) disciplinary actions taken by another jurisdiction against the applicant's license, registration, or certification held in another jurisdiction;(3) transcripts or findings from official court, hearing, or investigative proceedings; and(4) any other information which the commission or department considers pertinent to determining the fitness of an applicant.(d) The following actions may be the basis for denying an application:(1) disciplinary action taken by CDR or another jurisdiction against the applicant;(2) misrepresentation of professional qualifications or affiliations with associations;(3) misrepresentation of nutrition services, dietary supplements and the efficacy of nutrition services to clients;(4) use of misleading or false advertising;(5) violation of any provision of any federal or state statute relating to confidentiality of client communication and/or records;(6) abuse of alcohol or drugs or the use of illegal drugs of any kind in any manner which detrimentally affects the provision of nutrition services;(7) any misrepresentation in application or other materials submitted to the department; and(8) the violation of any commission rule in effect at the time of application which is applicable to an unlicensed person.", "sourceNote": "Source Note: The provisions of this §116.51 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178541", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "F", "label": "LICENSED DIETITIANS" }, "rule": { "number": "§116.52", "label": "Licensed Dietitians--Issuing Licenses and Identification Cards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200539", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will send each applicant, who meets the requirements of the Act and this chapter, a license certificate and identification card containing the licensee's name, license number, and expiration date.(b) Pursuant to Texas Occupations Code §701.351(b), any certificate or identification card issued by the department remains the property of the department and must be surrendered to the department on demand.(c) The department may replace a lost, damaged, or destroyed license certificate or identification card upon a written request from the licensee and payment of the duplicate/replacement license fee under §116.110.", "sourceNote": "Source Note: The provisions of this §116.52 adopted to be effective October 1, 2016, 41 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200539", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "F", "label": "LICENSED DIETITIANS" }, "rule": { "number": "§116.53", "label": "Licensed Dietitians--License Term; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200540", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license held by a licensed dietitian is valid for two years after the date of issuance and may be renewed biennially.(b) Each licensee is responsible for renewing the license before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification prior to the expiration date of the license shall not excuse failure to file for renewal or late renewal.(c) To renew a license, a licensed dietitian must:(1) submit a completed renewal application on a department-approved form;(2) complete twelve (12) hours of continuing education as required under §116.80;(3) comply with the continuing education audit process described under §116.82, as applicable; and(4) submit the fee required under §116.110.(d) The licensed dietitian must successfully pass a criminal history background check pursuant to Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.(e) The licensed dietitian must meet the fitness requirements under §116.51.(f) For each license renewal on or after September 1, 2020, the licensed dietitian must complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(g) The commission, executive director, or department shall renew the license of the licensee who has met all requirements for renewal, except as provided under Texas Occupations Code §701.304 and §701.401.(h) A person whose license has expired may late renew the license in accordance with §60.31 and §60.83.(i) A person whose license has expired may not use the title or represent or imply that he or she has the title of \"licensed dietitian\" or use the letters \"LD\", and may not use any facsimile of those titles in any manner.", "sourceNote": "Source Note: The provisions of this §116.53 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200540", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "I", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§116.80", "label": "Continuing Education--General Requirements and Hours" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200541", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensed dietitian must complete a minimum of twelve (12) continuing education hours during each two-year licensing period.", "sourceNote": "Source Note: The provisions of this §116.80 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200541", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "I", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§116.81", "label": "Continuing Education--Approved Courses and Credits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200542", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department has determined that to meet the continuing education requirements under the Act and this chapter a licensee must take the courses and hours offered or approved by the Commission on Dietetic Registration or its agents or a regionally accredited college or university.(b) Continuing education undertaken by a licensee for renewal shall be acceptable if the experience falls in one or more of the following categories:(1) academic courses related to dietetics;(2) clinical courses related to dietetics;(3) in-service educational programs, training programs, institutes, seminars, workshops and conferences in dietetics;(4) instructing or presenting continuing education programs or activities that were offered or approved by the Commission on Dietetic Registration or its agents. Multiple presentations of the same programs only count once;(5) acceptance and participation in poster sessions offered by a nationally recognized professional organization in the dietetics field or its state equivalent organization. Participation will be credited one hour for six (6) poster sessions with a maximum of two clock hours for twelve (12) poster sessions;(6) books or articles published by the licensee in relevant professional books and referred journals. A minimum of three (3) continuing education hours will be credited for the publication; or(7) self-study of professional materials that include self-assessment examinations. Six (6) hours maximum will be credited for self-study during the two-year licensure period.(c) Activities unacceptable as continuing education for which the department may not grant continuing education credit are:(1) education incidental to the regular professional activities of a licensee such as learning occurring from experience or research;(2) professional organization activity such as serving on committees or councils or as an officer;(3) any continuing education activity completed before the current license term;(4) activities described in subsection (b), which have been completed more than once during the current license term;(5) performance of duties that are routine job duties or requirements; or(6) participation in conference exhibits.(d) Continuing education experiences shall be credited as follows.(1) Completion of course work at or through an accredited college or university shall be credited for each semester hour on the basis of two clock hours of credit for each semester hour successfully completed for credit or audit.(2) An activity which meets the criteria of subsection (b)(2) or (3) shall be credited on a one-for-one basis with Continuing Professional Education (CPE) as approved by the Academy.(3) A licensee may complete the Texas Jurisprudence Examination as part of the 12 continuing education hours. One hour of continuing education credit will be granted for successful completion of the Texas Jurisprudence Examination.", "sourceNote": "Source Note: The provisions of this §116.81 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to b effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200542", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "I", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§116.82", "label": "Continuing Education--Records and Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191343&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191343", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall employ an audit system for continuing education reporting. The licensee shall be responsible for maintaining a record of the licensee's continuing education experiences. The certificates, diplomas, or other documentation verifying earning of continuing education hours are not to be forwarded to the department at the time of renewal unless the licensee has been selected for audit.(b) The audit process shall be as follows:(1) The department shall select for audit a random sample of licensees for each renewal month. Licensees will be notified of the continuing education audit when they receive their renewal documentation.(2) If selected for an audit, the licensee shall submit copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the licensee's attendance, participation, and completion of the continuing education. All documentation must be provided at the time of renewal.(3) Failure to timely furnish this information or providing false information during the audit process or the renewal process are grounds for disciplinary action against the licensee.(4) A licensee who is selected for continuing education audit may renew through the online renewal process. However, the license will not be considered renewed until required continuing education documents are received, accepted, and approved by the department.(5) Licenses will not be renewed until continuing education requirements have been met.", "sourceNote": "Source Note: The provisions of this §116.82 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191343&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191343", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "I", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§116.83", "label": "Continuing Education--Failure to Complete" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191344", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who fails to complete continuing education requirements for renewal holds an expired license and may not use the title \"licensed dietitian\".(b) A person may renew late after all the continuing education requirements have been met.", "sourceNote": "Source Note: The provisions of this §116.83 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191344", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "J", "label": "RESPONSIBILITIES OF THE COMMISSION AND THE DEPARTMENT" }, "rule": { "number": "§116.91", "label": "Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200543", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to the authority under Texas Occupations Code §51.203, the commission shall adopt rules necessary to implement the Dietitians program. Pursuant to 16 Texas Administrative Code (TAC) §60.22, the department is authorized to propose rules.(b) The commission has adopted rules governing changes to the standards of practice rules pursuant to §51.2031. These rules are located at 16 TAC Chapter 100.", "sourceNote": "Source Note: The provisions of this §116.91 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200543", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "K", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§116.100", "label": "Display of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200544", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The license certificate must be displayed in an appropriate and public manner as follows.(1) The license certificate shall be displayed in the primary office or place of employment of the licensee.(2) In the absence of a primary office or place of employment, or when the licensee is employed at multiple locations, the licensee shall carry a current identification card.(b) Neither the licensee nor anyone else shall display a photocopy of a license certificate or carry a photocopy of an identification card in lieu of the original document. A file copy shall be clearly marked as a copy across the face of the document.(c) Neither the licensee nor anyone else shall make any alteration on a license certificate or identification card.(d) Pursuant to Texas Occupations Code §701.351(b), any certificate or identification card issued by the department remains the property of the department and must be surrendered to the department on demand.", "sourceNote": "Source Note: The provisions of this §116.100 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200544", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "K", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§116.101", "label": "Changes of Name or Address" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191347", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensee shall notify the department of changes in name or mailing address within thirty (30) days of such change(s) on a department-approved form or using a department-approved method.(b) Notification of name changes must be submitted to the department and shall include a copy of a marriage certificate, court decree evidencing such change, or a social security card reflecting the new name.(c) To receive a duplicate license, the licensee shall submit the duplicate/replacement fee required under §116.110.", "sourceNote": "Source Note: The provisions of this §116.101 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191347", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "K", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§116.103", "label": "Disclosure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200545", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall notify each client of the name, mailing address, telephone number, and website address of the department for the purpose of directing complaints to the department by providing notification:(1) on each written contract for services of a licensee;(2) on a sign prominently displayed in the primary place of business of each licensee; or(3) in a bill for service provided by a licensee to a client or third party.", "sourceNote": "Source Note: The provisions of this §116.103 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200545", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "K", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§116.104", "label": "Unlawful, False, Misleading, or Deceptive Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200546", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall use factual information to inform the public and colleagues of the licensee's services. A licensee shall not use advertising that is false, misleading, or deceptive or that is not readily subject to verification.(b) False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes, but is not limited to, advertising that:(1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;(2) makes a representation likely to create an unjustified expectation about the results of a health care service or procedure;(3) compares a health care professional's services with another health care professional's services unless the comparison can be factually substantiated;(4) causes confusion or misunderstanding as to the credentials, education, or licensure of a health care professional;(5) advertises or represents that health care insurance deductibles or copayments may be waived or are not applicable to health care services to be provided if the deductibles or copayments are required;(6) advertises or represents that the benefits of a health benefit plan will be accepted as full payment when deductibles or copayments are required;(7) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of patient; or(8) advertises or represents in the use of a professional name a title or professional identification that is expressly or commonly reserved to or used by another profession or professional.(c) As used in this section, a \"health care professional†includes a licensed dietitian or any other person licensed, certified, or registered by the state in a health-related profession.", "sourceNote": "Source Note: The provisions of this §116.104 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200546", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "K", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§116.105", "label": "Code of Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191350", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Professional representation and responsibilities.(1) A licensee shall act with honesty, integrity, and fairness.(2) A licensee shall not misrepresent any professional qualifications or credentials. A licensee shall not make any false or misleading claims about the efficacy of any nutrition services or dietary supplements.(3) A licensee shall not permit the use of the licensee's name for the purpose of certifying that nutrition services have been rendered unless that licensee has provided or supervised the provision of those services.(4) A licensee shall not promote or endorse products in a manner that is false or misleading.(5) A licensee shall disclose to a client, a person supervised by the licensee, or an associate any personal gain or profit from any item, procedure, or service used by the licensee with the client, supervisee, or associate.(6) A licensee shall maintain knowledge and skills required for professional competence. A licensee shall provide nutrition services based on scientific principles and current information. A licensee shall present substantiated information and interpret controversial information without bias.(7) A licensee shall not abuse alcohol or drugs in any manner which detrimentally affects the provision of nutrition services.(8) A licensee shall comply with the provisions of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481; the Texas Dangerous Drug Act, Health and Safety Code, Chapter 483; and any rules of the Department of State Health Services or the Texas State Board of Pharmacy implementing those chapters.(9) A licensee shall have the responsibility of reporting alleged misrepresentations or violations of commission rules to the department.(10) A licensee shall comply with any order relating to the licensee which is issued by the commission or the executive director.(11) A licensee shall not aid or abet the practice or misrepresentation of an unlicensed person when that person is required to have a license under the Act.(12) A licensee shall not make any false, misleading, or deceptive claims in any advertisement, announcement, or presentation relating to the services of the licensee, any person supervised by the licensee or any dietary supplement.(13) A licensee shall conform to generally accepted principles and standards of dietetic practice which are those generally recognized by the profession as appropriate for the situation presented, including those promulgated or interpreted by or under the Academy or Commission on Dietetic Registration, and other professional or governmental bodies. A licensee shall recognize and exercise professional judgment within the limits of the licensee's qualifications and collaborate with others, seek counsel, or make referrals as appropriate.(14) A licensee shall not interfere with an investigation or disciplinary proceeding by willful misrepresentation of facts to the department or its authorized representative or by the use of threats or harassment against any person.(15) A licensee shall report information if required by the following statutes:(A) Texas Family Code, Chapter 261, concerning abuse or neglect of minors; or(B) Texas Human Resources Code, Chapter 48, concerning abuse, neglect, or exploitation of elderly persons or persons with disabilities.(b) Professional relationships.(1) A licensee shall make known to a prospective client the important aspects of the professional relationship including fees and arrangements for payment which might affect the client's decision to enter into the relationship. A licensee shall bill a client or a third party in the manner agreed to by the licensee and in accordance with state and federal law.(2) A licensee shall not receive or give a commission or rebate or any other form of remuneration for the referral of clients for professional services.(3) A licensee shall disclose to clients any interest in commercial enterprises which the licensee promotes for the purpose of personal gain or profit.(4) A licensee shall take reasonable action to inform a client's physician and any appropriate allied health care provider in cases where a client's nutritional status indicates a change in medical status.(5) A licensee shall provide nutrition services without discrimination based on race, creed, gender, religion, national origin, or age.(6) A licensee shall not violate any provision of any federal or state statute relating to confidentiality of client communication and/or records. A licensee shall protect confidential information and make full disclosure about any limitations on the licensee's ability to guarantee full confidentiality.(7) A licensee shall not engage in sexual contact with a client. The term \"sexual contact\" means any type of sexual behavior described in the Texas Penal Code, §21.01, and includes sexual intercourse. A licensee shall not engage in sexual harassment in connection with professional practice.(8) A licensee shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from the services provided.(9) A licensee shall not provide services to a client or the public if by reason of any mental or physical condition of the licensee, the services cannot be provided with reasonable skill or safety to the client or the public.(10) A licensee shall not provide any services which result in mental or physical injury to a client or which create an unreasonable risk that the client may be mentally or physically harmed.(11) A licensee shall provide sufficient information to enable clients and others to make their own informed decision regarding nutritional services.(12) A licensee shall be alert to situations that might cause a conflict of interest or have the appearance of a conflict. A licensee shall make full disclosure when a real or potential conflict of interest arises.(c) On the written request of a client, a client's guardian, or a client's parent, if the client is a minor, a licensee shall provide, in plain language, a written explanation of the charges for client nutrition services previously made on a bill or statement for the client. This requirement applies even if the charges are to be paid by a third party.(d) A licensee may not persistently or flagrantly overcharge or overtreat a client.(e) A licensee shall be subject to disciplinary action by the commission or department if the licensee is issued a public letter of reprimand, is assessed a civil penalty by a court, or has been convicted and ordered to pay court costs under the Crime Victims Compensation Act, Texas Code of Criminal Procedure, Chapter 56, Subchapter B (effective until January 1, 2021) and Chapter 56B (effective on January 1, 2021).(f) A violation of any provision of this section by a person who is an applicant or who subsequently applies for a license (even though the person was not a licensee at the time of the violation) may be a basis for disapproval of the application.", "sourceNote": "Source Note: The provisions of this §116.105 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191350", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "L", "label": "FEES" }, "rule": { "number": "§116.110", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200547", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are nonrefundable.(b) Licensed Dietitian Fees:(1) Initial application fee (includes two-year initial license)--$108; and(2) Renewal application fee (for two-year license)--$90.(c) A duplicate/replacement fee for licenses issued under this chapter is $25.(d) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(e) A dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).(f) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).", "sourceNote": "Source Note: The provisions of this §116.110 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200547", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§116.120", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200548", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission has adopted rules related to handling complaints regarding standard of care pursuant to Texas Occupations Code §51.2031. These rules are located at 16 Texas Administrative Code Chapter 100.(b) A qualified person may assist the department in the review and investigation of complaints and will be immune from liability related to these activities pursuant to Texas Occupations Code §51.252.(c) The provisions regarding the confidentiality of complaint and disciplinary information are provided under Texas Occupations Code §51.254.", "sourceNote": "Source Note: The provisions of this §116.120 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200548", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§116.121", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200549", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of Texas Occupations Code, Chapters 51 or 701, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 51 and 701, as applicable, and any associated rules.", "sourceNote": "Source Note: The provisions of this §116.121 adopted to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200549", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§116.122", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200550", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 701 and any associated rules may be used to enforce Texas Occupations Code, Chapter 701 and this chapter.", "sourceNote": "Source Note: The provisions of this §116.122 adopted to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200550", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "M", "label": "COMPLAINTS AND ENFORCEMENT PROVISIONS" }, "rule": { "number": "§116.123", "label": "License Surrender" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178560", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Texas Occupations Code §701.351(b), a license issued by the department is the property of the department and shall be surrendered on demand.", "sourceNote": "Source Note: The provisions of this §116.123 adopted to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178560", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "O", "label": "THE DIETETIC PROFESSION" }, "rule": { "number": "§116.140", "label": "Areas of Expertise" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200551", "queryAsDate": "03/11/2026" }, "ruleBody": "The profession of dietetics includes six primary areas of expertise: clinical, educational, management, consultation, community and research; and includes without limitation the development, management, and provision of nutrition services, as follows:(1) planning, developing, controlling, and evaluating food service systems;(2) coordinating and integrating clinical and administrative aspects of dietetics to provide quality nutrition care;(3) establishing and maintaining standards of food production, service, sanitation, safety, and security;(4) planning, conducting, and evaluating educational programs relating to nutrition care;(5) developing menu patterns and evaluating them for nutritional adequacy;(6) planning layout designs and determining equipment requirements for food service facilities;(7) developing specifications for the procurement of food and food service equipment and supplies;(8) developing and implementing plans of nutrition care for individuals based on assessment of nutrition needs;(9) counseling individuals, families, and groups in nutrition principles, dietary plans, and food selection and economics;(10) communicating appropriate diet history and nutrition intervention data through medical record systems;(11) participating with physicians and allied health personnel as the provider of nutrition care;(12) planning, conducting or participating in, and interpreting, evaluating, and utilizing pertinent current research related to nutrition care;(13) providing consultation and nutrition care to community groups and identifying and evaluating needs to establish priorities for community nutrition programs;(14) publishing and evaluating technical and lay food and nutrition publications for all age, socioeconomic, and ethnic groups; and(15) planning, conducting, and evaluating dietary studies and participating in nutrition and epidemiologic studies with a nutrition component.", "sourceNote": "Source Note: The provisions of this §116.140 adopted to be effective October 1, 2016, 41 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200551", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "O", "label": "THE DIETETIC PROFESSION" }, "rule": { "number": "§116.141", "label": "Provider of Nutrition Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200552", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person licensed by the department is designated as a health care provider of nutrition services.(b) A licensed dietitian, acting within the scope of the dietitian's license and consistent with medical direction or authorization as provided in this section, may accept, transcribe into a patient's medical record or transmit verbal or electronically-transmitted orders, including medication orders, from a physician to other authorized health care professionals relating to the implementation or provision of medical nutrition therapy and related medical protocols for an individual patient or group of patients.(1) In a licensed health facility, the medical direction or authorization shall be provided, as appropriate, through a physician's order, or a standing medical order, or standing delegation order, or medical protocol issued in accordance with Texas Occupations Code, Chapter 157, Subchapter A, and rules adopted by the Texas Medical Board implementing the subchapter.(2) In a private practice setting, the medical direction or authorization shall be provided, as appropriate, through the physician's order, standing medical order, or standing delegation order of a referring physician, in accordance with Texas Occupations Code, Chapter 157, Subchapter A, and rules adopted by the Texas Medical Board implementing the subchapter.(c) A licensed dietitian, acting within the scope of the dietitian's license and consistent with medical direction or authorization as provided in this section, may order medical laboratory tests relating to the implementation or provision of medical nutrition therapy and related medical protocols for individual patients or groups of patients.(1) In a licensed health facility, the medical direction or authorization shall be provided, as appropriate, through a physician's order, or a standing medical order, or standing delegation order, or medical protocol, issued in accordance with Texas Occupations Code, Chapter 157, Subchapter A, and rules adopted by the Texas Medical Board implementing the subchapter.(2) In a private practice setting, the medical direction or authorization shall be provided through the physician's order, standing medical order, or a standing delegation order of the referring physician, in accordance with Texas Occupations Code, Chapter 157, Subchapter A, and rules adopted by the Texas Medical Board implementing the subchapter.", "sourceNote": "Source Note: The provisions of this §116.141 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200552", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "116", "label": "DIETITIANS" }, "subchapter": { "number": "O", "label": "THE DIETETIC PROFESSION" }, "rule": { "number": "§116.142", "label": "Licensed Dietitians Providing Diabetes Self-Management Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185711", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements the Insurance Code, Title 8, Subtitle E, Chapter 1358, §1358.055.(b) Diabetes self-management training covers the following training:(1) training provided to a qualified enrollee after the initial diagnosis of diabetes in the care and management of that condition, including nutrition counseling and proper use of diabetes equipment and supplies;(2) additional training authorized on the diagnosis of a physician or other health care practitioner of a significant change in the qualified enrollee's symptoms or condition that requires changes in the qualified enrollee's self-management regimen; and(3) periodic or episodic continuing education training when prescribed by an appropriate health care practitioner as warranted by the development of new techniques and treatments for diabetes.(c) A licensed dietitian who provides diabetes self-management training as a member of a multi-disciplinary team must meet the following requirements:(1) Prior to beginning to provide diabetes self-management training as member of a multi-disciplinary team under Insurance Code, Title 8, Subtitle E, Chapter 1358, §1358.055(c)(2), a licensed dietitian must complete at least six (6) hours of continuing education in diabetes-specific or diabetes-related topics within the previous two years.(2) Thereafter, to remain qualified to continue to provide such services, a licensed dietitian shall complete at least six (6) hours of continuing education biennially in diabetes-specific or diabetes-related topics.(3) A licensed dietitian who is not a Certified Diabetes Educator and who is providing diabetes self-management training as a member of a multi-disciplinary team under Insurance Code, Title 8, Subtitle E, Chapter 1358, §1358.055(c)(2), shall confine the licensed dietitian's professional services to nutrition education and/or counseling, lifestyle modifications, the application of self-management skills, reinforcing diabetes self-management training, and other acts within the scope of the licensed dietitian's professional education and training which are conducted under the supervision of the coordinator of the multi-disciplinary team.(d) A licensed dietitian who provides the nutrition component of diabetes self-management training must meet the following requirements:(1) Prior to beginning to provide the nutrition component of diabetes self-management training under Insurance Code, Title 8, Subtitle E, Chapter 1358, §1358.055(c)(4), a licensed dietitian must complete at least six (6) hours of continuing education in diabetes-specific or diabetes-related topics within the previous two years.(2) Thereafter, to remain qualified to continue to provide such services, a licensed dietitian shall show proof to the department completion of at least six (6) hours of continuing education biennially in diabetes-specific or diabetes-related topics.(e) The continuing education completed under this section shall meet the requirements described in Subchapter I, Continuing Education. The continuing education completed under this section may be part of the credits required for renewal of a license.(f) Upon written request by the department, the licensed dietitian shall submit to the department proof of completion of the continuing education completed under this section. The licensed dietitian shall submit the proof of completion in a manner and a timeframe acceptable to the department.(g) This section does not apply to a licensed dietitian who is a diabetes educator certified by the National Certification Board for Diabetes Educators.(h) This section does not pertain to or restrict a licensed dietitian who does not qualify under this section from providing the nutrition component of diabetes self-management training within the scope of the license issued by the department, to a person:(1) who is not a qualified enrollee as defined in the Insurance Code, Title 8, Subtitle E, Chapter 1358, §1358.051;(2) who does not intend to seek payment for or reimbursement for diabetes self-management training; or(3) without the written order of a licensed physician or other healthcare practitioner.", "sourceNote": "Source Note: The provisions of this §116.142 adopted to be effective October 1, 2016, 41 TexReg 4481; amended to be effective July 1, 2018, 43 TexReg 4173; amended to be effective August 1, 2020, 45 TexReg 5185." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185711", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§117.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207267", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of the Texas Occupations Code, Chapter 51 and 455.", "sourceNote": "Source Note: The provisions of this §117.1 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207267", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§117.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190597", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Occupations Code, Chapter 455, relating to the regulation of massage therapists, massage therapy instructors, massage schools, and massage establishments.(2) Anatomy--The study of the structure of the human body including the following areas: bones, joints and muscles, the skin, blood and blood vessels, cells, tissues and membranes, the heart, the brain, spinal cord and nerves, the lymphatic system, the digestive system, the respiratory system, the urinary system, the reproductive system, glands and hormones.(3) Applicant--A person who submits an application to the department. The term includes: owner, owner's agent, operator, principal, officer, or general manager of the applicant.(4) Business practices and professional ethics--The study of standard bookkeeping and accounting practices, office practices, and advertising, and ethical guidelines for massage therapists established by law or the department.(5) Client--An individual or patron seeking or receiving massage therapy services.(6) Commission--The Texas Commission on Licensing and Regulation.(7) Compensation--Any and all forms of payment as remuneration for the provision of massage therapy or other massage therapy services, including but not limited to, fees, tips, memberships, goods, services, barter, or any other exchange or any value made to or on behalf of a licensee, an unlicensed person, or an unlicensed business. Compensation includes discounted, reduced, or waived student fees for tuition, books, supplies, or other educational expenses.(8) Department--The Texas Department of Licensing and Regulation.(9) Distance learning--A formal instructional process in which the student and instructor are separated by physical distance and communication technology is used to deliver instruction to the student. The process may also be known as \"distance education.\"(10) Executive Director --The executive director of the department.(11) Health and hygiene--The study of recognized methods of sanitation and cleanliness including prophylaxis or disease prevention as applied to massage therapy services and current knowledge of elements of healthy life styles.(12) Hydrotherapy--The use of generally accepted methods of external application of water for its mechanical, thermal, or chemical effect.(13) Instructor--A person employed at a licensed massage school who instructs one or more students in any section of the course of instruction, other than massage therapy techniques, manipulation of soft tissue, or the internship.(14) Kinesiology--The study of the anatomy, physiology, and mechanics of movement of the human body.(15) Licensee--A person or entity licensed under the Act as a massage therapist, massage school, massage therapy instructor, or massage establishment.(16) Linens--Includes, but is not limited to, sheets, towels, and robes or cloth materials used on or comes into contact with a client's body during a massage.(17) Massage school--An entity that:(A) teaches at a minimum the course of instruction required for a massage therapist license; and(B) has at least two instructors.(18) Massage therapist--A person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, body rubber, or any derivation of those titles.(19) Massage therapy--The manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage. The term includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. Massage therapy may include the use of oil, lubricant, salt glows, heat lamps, hot and cold packs, or tub, shower, jacuzzi, sauna, steam or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myo-therapy, body massage, body rub, or any derivation of those terms. Massage therapy is a health care service when the massage is for therapeutic purposes. The terms \"therapy\" and \"therapeutic\" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law. Massage therapy does not constitute the practice of chiropractic.(20) Massage therapy educational program--The minimum 500 hour supervised course of instruction described in the Act, §455.156, required for licensure and provided by a licensed massage school.(21) Massage therapy establishment--A place of business that advertises or offers massage therapy or other massage services unless specifically exempted by the Act. The term includes a place of business that advertises or offers any service described by a derivation of the terms \"massage therapy\" or \"other massage services\" as defined by the Act.(22) Massage therapy instructor--A licensed massage therapist who provides to one or more students instruction approved by the department in massage therapy or manipulation of soft tissue and who holds a license issued by the department as a massage therapy instructor.(23) Owner--An owner is, in the case of a massage school or establishment, an individual, a partnership and any partners, a corporation, or any other legal business entity.(24) Pathology--The scientific study of the nature of disease and its causes, processes, development, and consequences.(25) Physiology--The study of the normal vital processes of the human body including the processes of cells, tissues, and organs including the contractibility of muscle tissue; coordination through the nervous system; digestion; circulatory; reproduction; and secretions.(26) State approved educational institution--An institution which is approved by the Texas Education Agency or which is an institution of higher education as defined in the Texas Codes Annotated, Texas Education Code, Chapter 61 or a higher education institution approved by a similar agency in another state.(27) Student permit--A permit issued by the department to a student enrolled in a licensed massage school which allows the student to practice massage therapy as prescribed by the massage therapy education program.(28) Swedish gymnastics--Passive and active joint movements, nonspecific stretches, passive and active exercise, or any combination of these.(29) Swedish massage therapy techniques--The manipulation of soft tissue utilizing effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve stroke, and Swedish gymnastics.", "sourceNote": "Source Note: The provisions of this §117.2 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190597", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "B", "label": "MASSAGE THERAPY ADVISORY BOARD" }, "rule": { "number": "§117.10", "label": "Advisory Board Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190598", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:(1) Two members who are licensed massage therapists;(2) Two members who represent licensed massage schools;(3) Two members who represent licensed massage establishments;(4) One member who is a peace officer with expertise in the enforcement of Chapter 20A, Penal Code, and Subchapter A, Chapter 43, Penal Code; and(5) Two members of the public.", "sourceNote": "Source Note: The provisions of this §117.10 adopted to be effective May 1, 2018, 43 TexReg 2406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190598", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "B", "label": "MASSAGE THERAPY ADVISORY BOARD" }, "rule": { "number": "§117.11", "label": "Duties of Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190599", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.", "sourceNote": "Source Note: The provisions of this §117.11 adopted to be effective May 1, 2018, 43 TexReg 2406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190599", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "B", "label": "MASSAGE THERAPY ADVISORY BOARD" }, "rule": { "number": "§117.12", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190600", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory board are appointed for staggered six-year terms. The terms of three members expire September 1 of each odd-numbered year.(b) If a vacancy occurs on the advisory board during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve the remainder of the term.(c) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member.", "sourceNote": "Source Note: The provisions of this §117.12 adopted to be effective May 1, 2018, 43 TexReg 2406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190600", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "B", "label": "MASSAGE THERAPY ADVISORY BOARD" }, "rule": { "number": "§117.13", "label": "Presiding Officer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190601", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall designate a member of the advisory board to serve as presiding officer of the advisory board for a term of one year.(b) The presiding officer of the advisory board may vote on any matter before the advisory board.", "sourceNote": "Source Note: The provisions of this §117.13 adopted to be effective May 1, 2018, 43 TexReg 2406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190601", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "B", "label": "MASSAGE THERAPY ADVISORY BOARD" }, "rule": { "number": "§117.14", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204337", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall meet at the call of the executive director or the presiding officer of the commission.", "sourceNote": "Source Note: The provisions of this §117.14 adopted to be effective May 1, 2018, 43 TexReg 2406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204337", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "C", "label": "LICENSED MASSAGE THERAPIST AND STUDENT PERMIT" }, "rule": { "number": "§117.20", "label": "Massage Therapist License--General Requirements and Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198131", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a Massage Therapist license an applicant must:(1) submit a completed application on a department-approved form;(2) pay the fee required under §117.100;(3) be at least 18 years of age;(4) ensure that a certified transcript or other acceptable record of all relevant course work is submitted to the department;(5) provide proof of successfully passing the required exam;(6) provide proof of successfully passing the jurisprudence exam;(7) successfully pass a criminal history background check performed by the department in accordance with the Act, the department's criminal conviction guidelines, and pursuant to Texas Occupations Code, Chapters 51 and 53; and(8) satisfactorily complete massage therapy studies in a minimum 500-hour department approved course at a licensed massage school in which includes at least:(A) 200 hours of massage therapy techniques and theory and the practice of manipulation of soft tissue, with at least 125 hours of Swedish massage therapy techniques;(B) 50 hours of anatomy;(C) 25 hours of physiology;(D) 50 hours of kinesiology;(E) 40 hours of pathology;(F) 20 hours of hydrotherapy;(G) 45 hours of massage therapy laws and rules, business practices and professional ethics;(H) 20 hours of health, hygiene, first aid, universal precautions, and cardiopulmonary resuscitation (CPR); and(I) 50-hour internship program.(b) Unless otherwise indicated, an applicant for licensure as a massage therapist must submit all required information and documentation of credentials on department-approved forms.(c) If the application is incomplete, the department will send a notice listing any additional materials required to complete the application.(d) In the event that a deficiency is present in course work, the applicant may have up to one year to complete additional course work acceptable to the department; otherwise, the application may be voided.(e) A criminal history check performed under this subsection requires an applicant for a license to submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.(f) The department may not issue a license to a person who does not comply with the requirements of this section.(g) The department shall conduct a criminal history record information check of each applicant for a license using information:(1) provided by the individual under this section; and(2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.", "sourceNote": "Source Note: The provisions of this §117.20 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective April 1, 2021, 46 TexReg 2003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198131", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "C", "label": "LICENSED MASSAGE THERAPIST AND STUDENT PERMIT" }, "rule": { "number": "§117.21", "label": "Massage Therapist License--Substantial Equivalence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185715", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant from another state must provide documentation that licensure in another state was obtained by standards substantially equivalent to those of Texas.(b) An applicant from another territory or foreign country must provide documents verified by the department or a certified credentialing agency confirming that licensure in the territory or foreign country was obtained by standards substantially equivalent to those of Texas.(c) Degrees, certificates, diplomas, and course work received at other institutions, American or foreign, shall be accepted only if such institution is approved by an education agency in that state or country and the curriculum, the accrediting/credentialing body of that state or country, or the course of studies meets the criteria set out by the Act and this subchapter.(d) Unless otherwise indicated, an applicant for licensure as a massage therapist must submit all required information and documentation of credentials on department-approved forms as prescribed under §117.20.", "sourceNote": "Source Note: The provisions of this §117.21 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185715", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "C", "label": "LICENSED MASSAGE THERAPIST AND STUDENT PERMIT" }, "rule": { "number": "§117.22", "label": "Massage Therapist License--Examination Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198132", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, all applicants must:(1) pass a massage therapy examination approved by the department before submitting an application for licensure; and(2) pass the department's jurisprudence examination before a license will be issued.(b) Examinations approved by the department must be broadly recognized for licensure purposes by other states that regulate massage therapists.(c) Examination results must reflect that the applicant passed the examinations within two years of the application for licensure unless the applicant is currently licensed in another state or jurisdiction and is applying under §117.20.(d) A license will not be issued until the department receives acceptable confirmation of passing examination scores.", "sourceNote": "Source Note: The provisions of this §117.22 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198132", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "C", "label": "LICENSED MASSAGE THERAPIST AND STUDENT PERMIT" }, "rule": { "number": "§117.23", "label": "Massage Therapist License--Issuance of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204338", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licenses and identification cards issued by the department remain the property of the department, must not be altered in any way, and must be surrendered to the department on demand.(b) A license must be displayed in an appropriate and public manner at the business location of the licensed business, or in the primary office or place of employment of the licensed individual. In the absence of a primary office or place of employment, the licensed individual shall carry a current identification card.(c) The department will replace a lost, damaged, or destroyed license or identification card upon written request from a licensee and payment of the replacement fee prescribed under §117.100.(d) A license displayed under subsection (b) must have attached to the front of the license a current photograph of the individual massage therapist.", "sourceNote": "Source Note: The provisions of this §117.23 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204338", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "C", "label": "LICENSED MASSAGE THERAPIST AND STUDENT PERMIT" }, "rule": { "number": "§117.24", "label": "Massage Therapist License Term; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198133", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A massage therapist license issued under this chapter is valid for two years.(b) To renew a massage therapist license, a licensee must:(1) submit a completed renewal application on a department-approved form;(2) complete all applicable continuing education requirements;(3) submit all applicable fees as prescribed under §117.100; and(4) complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department. This training must be completed before each renewal.(c) On receipt of a renewal application of a license issued under this chapter, the department shall conduct a criminal background check as authorized under §455.1525 of the Occupations Code.(d) Each licensee is responsible for renewing the license before the expiration date and shall not be excused from paying late renewal fees.(e) A person whose license has expired may not engage in the activities of a massage therapist and may not hold himself or herself out as a massage therapist, imply that he or she has the title of \" licensed massage therapist\" or \"massage therapist\", or use \"RMT\", \"LMT\", or \"MT\" or any facsimile of those titles in any manner.", "sourceNote": "Source Note: The provisions of this §117.24 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective April 1, 2021, 46 TexReg 2003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198133", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "C", "label": "LICENSED MASSAGE THERAPIST AND STUDENT PERMIT" }, "rule": { "number": "§117.25", "label": "Student Permit--General Requirements and Application; Term" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204339", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a student permit an applicant must:(1) submit a completed application on a department-approved form; and(2) submit all applicable fees as prescribed under §117.100.(b) A student permit issued under this chapter does not expire.", "sourceNote": "Source Note: The provisions of this §117.25 adopted to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204339", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "D", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§117.30", "label": "Massage Therapist Continuing Education--Hours" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204340", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Massage therapists must successfully complete at least twelve hours of approved continuing education per license term.(b) One hour of credit will be awarded for each clock hour of attendance at acceptable continuing education activities, except as follows:(1) one semester hour of academic credit will constitute fifteen clock hours of continuing education;(2) one quarter hour of academic credit will constitute ten clock hours of continuing education; and(3) 0.1 continuing education unit will constitute one clock hour of continuing education.(c) A clock hour is equal to 50 minutes.", "sourceNote": "Source Note: The provisions of this §117.30 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective April 1, 2021, 46 TexReg 2003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204340", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "D", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§117.31", "label": "Massage Therapist--Approved Continuing Education Courses and Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185720", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acceptable continuing education includes attendance at and completion of department-approved or -recognized institutes, seminars, workshops, state or national conferences, associations, courses provided by an approved massage therapy school, or college and university academic courses. These programs must be designed to increase and enhance professional knowledge, skills, or competence in the practice of massage therapy. The subject matter must be:(1) directly related to the theory or clinical application of theory pertaining to the practice of massage therapy and the manipulation of soft tissue, massage therapy laws and rules, business practices, professional ethics, anatomy, physiology, hydrotherapy, kinesiology, pathology, or health and hygiene;(2) first aid and/or CPR, not to exceed six hours total each renewal period; or(3) advanced massage therapy or bodywork techniques acceptable to the department.(b) Continuing education approved or recognized by the department must be developed and presented by qualified persons.(1) Massage therapy techniques and courses involving the manipulation of soft tissue must be taught or presented by a licensed massage therapy instructor. Advanced massage therapy or bodywork techniques must be taught or presented by persons with licensure, registration, or education in the technique being presented.(2) Courses, other than techniques, may be taught or presented by persons with licensure, registration, education or practical experience in the subject being presented. Instructors teaching CPR or First Aid must be certified as CPR instructors or First Aid instructors by:(A) the American Heart Association;(B) the American Red Cross;(C) the National Safety Council; or(D) another provider with curriculum that is in compliance with nationally accepted guidelines established by the above referenced organizations.(3) Out-of-state instructors or presenters offering continuing education in Texas on massage therapy techniques or involving the manipulation of soft tissue must:(A) be in compliance with any licensure, registration or certification requirements for massage therapists and massage therapy instructors in the instructor or presenter's home state;(B) be licensed to practice medicine, occupational therapy, chiropractic, athletic training, physical therapy, or nursing; or(C) provide documentation of education or practical experience specific to the continuing education being offered if the instructor or presenter's home state does not have licensure, registration or certification requirements for massage therapists and massage therapy instructors.(c) Continuing education which otherwise meets the standards of this section but is offered or presented online or by correspondence is acceptable only if the subject matter is not massage therapy techniques or manipulation of soft tissue.(d) The department may approve out-of-state continuing education providers and programs. Continuing education completed out-of-state may be accepted by the department if it is approved by a national board such as the National Certification Board for Therapeutic Massage and Bodywork.(e) Additional information regarding the continuing education may be required for departmental review.", "sourceNote": "Source Note: The provisions of this §117.31 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective April 1, 2021, 46 TexReg 2003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185720", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "D", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§117.32", "label": "Massage Therapist Continuing Education--Unacceptable Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185721", "queryAsDate": "03/11/2026" }, "ruleBody": "The department shall not give continuing education credit for:(1) education incidental to the regular professional activities of a massage therapist, such as learning occurring from experience or research;(2) professional organizational activity, such as serving on committees or councils or as an officer in a professional organization;(3) college academic courses which are audited or not taken for credit;(4) independent study, except online or correspondence courses in accordance with the acceptable continuing education requirements of this subchapter; or(5) any experience which does not comply with the approved continuing education in §117.31.", "sourceNote": "Source Note: The provisions of this §117.32 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185721", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "D", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§117.33", "label": "Massage Therapist Continuing Education--Records and Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185722", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will monitor a licensee's compliance with continuing education requirements by the use of a random audit system. Supporting documentation of participation in continuing education activities need not be submitted unless an audit notice is received informing the licensee that he or she has been selected for a document audit.(b) Continuing education supporting documentation includes:(1) certificates of attendance or completion;(2) transcripts of academic work or approved course work; or(3) any other documentation acceptable to the department.(c) The audit process shall be as follows:(1) The department shall select for audit a random sample of license holders for each renewal month. License holders will be notified of the continuing education audit when they receive their renewal documentation.(2) If selected for an audit, the licensee shall submit copies of certificates, transcripts or other documentation satisfactory to the department, verifying the licensee's attendance, participation and completion of the continuing education. All documentation must be provided at the time of renewal.(3) Failure to timely furnish this information or providing false information during the audit process or the renewal process are grounds for disciplinary action against the license holder.(4) A licensee who is selected for continuing education audit may apply for renewal through the online renewal process. However, the license will not be considered renewed until required continuing education documents are approved by the department.(5) Licenses will not be renewed until continuing education requirements have been met.(d) Licensees are responsible for maintaining continuing education records for a period of five (5) years.", "sourceNote": "Source Note: The provisions of this §117.33 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185722", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "D", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§117.34", "label": "Approved Continuing Education Providers--Requirements and Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198135", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Continuing education providers may apply for provider approval on department-approved forms and pay the required fee prescribed under §117.100. Approved applications are effective for two years from the date of approval.(b) Approved providers of continuing education must comply with all education requirements set out in this subchapter.(c) Approved providers of continuing education must maintain attendance records of all continuing education activities for a period of five (5) years.(d) Approved providers shall issue a certificate of attendance to each participant in a program. The certificate of attendance shall contain:(1) the name of the approved provider and approval number;(2) the name of the participant;(3) the title of the program;(4) the number of credit hours given;(5) the subject(s) included in the program;(6) the date and place of the program; and(7) the signature of the approved provider.(e) Continuing education providers must renew the approval before the expiration date by submitting a department-approved application and paying the required fee prescribed under §117.100. Renewed approvals will be issued for a two-year period as determined by the department.(f) The department may audit approved providers for compliance with this section.", "sourceNote": "Source Note: The provisions of this §117.34 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198135", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "E", "label": "LICENSED MASSAGE THERAPY INSTRUCTORS" }, "rule": { "number": "§117.40", "label": "Massage Therapy Instructor--General Requirements and Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185723", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed massage therapy instructor shall instruct the 125 hours of Swedish massage therapy, any other instruction in massage techniques or manipulation of soft tissue, and the internship portion of the required course of instruction.(b) To qualify for massage therapy instructor license, a person shall:(1) be a licensed massage therapist;(2) have a high school diploma, a general equivalence diploma (GED) or a transcript from an accredited college or university showing successful completion of at least twelve (12) semester hours;(3) submit a statement of assurance that the licensee has been engaged in the practice of massage therapy for at least one year and has conducted 500 hours of hands-on experience (does not include internship hours);(4) complete a 30-hour course on teaching adult learners. Courses attended may include an instructional certification program, a college level course in teaching adult learners, a continuing education course in teaching adult learners, or an advanced program approved by the department in teaching the course of instruction;(5) submit a completed application on a department-approved form;(6) pay the required fee under §117.100; and(7) successfully pass a criminal history background check performed by the department.(c) Persons qualified to instruct courses other than massage therapy technique or manipulation of soft tissue courses are not required to hold a massage therapy instructor license. These persons must hold:(1) a baccalaureate or higher degree from an accredited college or university that includes:(A) satisfactory completion of nine (9) semester hours or twelve (12) quarter hours in subjects related to the subject area to be taught; or(B) a minimum of one year of practical experience within the last ten (10) years in the subject area to be taught; or(2) an associate degree from an accredited college, university, or recognized post-secondary institution and must have:(A) a minimum of one year of practical experience within the last ten years in the subject area to be taught and the associate degree must include satisfactory completion of nine (9) semester hours or twelve (12) quarter credit hours in subjects related to the subject area to be taught; or(B) a minimum of two (2) years of practical experience within the last ten (10) years in the subject area to be taught; or(3) a high school diploma, GED, or proof of satisfactory completion of relevant subject(s) from a recognized post-secondary institution and practical experience of a minimum of two years within the last ten years in the subject area to be taught.(d) Instructors teaching CPR or First Aid must be certified as CPR instructors or First Aid instructors by:(1) the American Heart Association;(2) the American Red Cross;(3) the National Safety Council; or(4) another provider with curriculum that is in compliance with nationally accepted guidelines established by the above referenced organizations.", "sourceNote": "Source Note: The provisions of this §117.40 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185723", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "E", "label": "LICENSED MASSAGE THERAPY INSTRUCTORS" }, "rule": { "number": "§117.41", "label": "Massage Therapy Instructor License Term; Renewals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207268", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A massage therapy instructor license issued under this chapter is valid for two years.(b) To renew a massage therapy instructor license, a licensee must:(1) submit a completed renewal application on a department-approved form; and(2) submit all applicable fees as prescribed under §117.100.", "sourceNote": "Source Note: The provisions of this §117.41 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207268", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.50", "label": "Massage School License--General Requirements and Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198137", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless exempt, an individual or entity who provides at a minimum the course of instruction required for licensure to one or more students constitutes a massage therapy educational program and must obtain a massage school license.(b) To be eligible for a massage school license, an applicant must:(1) submit a completed application on a department-approved form;(2) submit proof of ownership of the building or a lease agreement for the first twelve (12) months of operation;(3) provide a current financial statement reviewed by a public accountant and finalized no more than 180 days prior to the application date;(4) pay the required fee under §117.100;(5) successfully pass a criminal history background check performed by the department in accordance with the Act, the department's criminal conviction guidelines, and pursuant to Texas Occupations Code, Chapters 51 and 53;(6) maintain adequate space and equipment to provide training to enrolled students;(7) comply with all health and safety standards established by the Act and this chapter; and(8) submit the name and contact information for the school's designated contact person, if applicable.(c) A massage school must be inspected and approved by the department prior to operation.(d) The massage school license must be displayed in an appropriate and public manner at the location of the educational program.(e) A massage school must properly account for the hours granted to each student, in a manner prescribed by the department.(f) A school shall not engage in any act, directly or indirectly, that grants or approves student hours that were not accrued in accordance with this chapter.(g) A criminal history check performed under this subsection requires an applicant for a license to submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.(h) The department may not issue a license to a person who does not comply with the requirements of this section.(i) The department shall conduct a criminal history record information check of each applicant for a license using information:(1) provided by the individual under this section; and(2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.(j) For purposes of this section, if the applicant for a license is an entity, the applicant must submit fingerprints as required by this section for each individual who:(1) personally or constructively holds, including as the beneficiary of a trust:(A) at least 10 percent of the entity's outstanding stock; or(B) more than $25,000 of the fair market value of the entity;(2) has the controlling interest in the entity;(3) has a direct or indirect participating interest through shares, stock, or otherwise, regardless of whether voting rights are included, of more than 10 percent of the profits, proceeds, or capital gains of the entity;(4) is a member of the board of directors or other governing body of the entity; or(5) serves as:(A) an elected officer of the entity; or(B) a general manager of the entity.(k) A massage school must obtain department approval in writing before offering instruction through distance learning. A school must notify the department in writing when changing the technology or method of providing distance learning or offering additional instruction through distance learning.", "sourceNote": "Source Note: The provisions of this §117.50 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198137", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.51", "label": "Massage School Locations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198138", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A massage school license shall be issued for each approved instructional location. Instruction shall not be provided at an additional location until the department has issued a license for the additional location.(b) A massage school shall obtain approval for any additional location(s) where the massage therapy educational program will be offered. All policies and curriculum of the original location apply to an additional location(s).(c) An application for licensure of an additional location must be in accordance with the requirements of §117.50 and include the fee prescribed under §117.100.(d) The department may approve a massage school to begin operation at an additional location prior to inspection if an inspection of the location has been conducted by the department within the preceding ninety (90) days or if the instruction will be conducted at a public facility, such as a hotel, hospital, university, college, etc.(e) An application for a change of location of a massage school must be filed and approved by the department before the new location is used. Upon approval of a change of location, no course work may be provided at the previous location.(f) An applicant for a change of location must:(1) submit a completed application on a department-approved form;(2) pay the applicable fee under §117.100;(3) provide proof of ownership of the building or a lease agreement for the first twelve (12) months of operation;(4) maintain adequate space and equipment to provide training to enrolled students;(5) comply with all health and safety standards established by this chapter; and(6) be inspected and approved by the department prior to the operation of the school at the new location.(g) Any refunds due to students under the cancellation and refund policy in §117.66 must be made before the department will approve an additional location or a change of location.(h) The department may issue an emergency approval for a change of location or additional location on the basis of documented circumstances beyond the massage school's control (e.g., fire, flood, breach of lease, etc.).(i) All required documents must be submitted before the emergency approval will be considered.", "sourceNote": "Source Note: The provisions of this §117.51 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198138", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.52", "label": "Change of Massage School Ownership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198139", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The license of a massage school may not be sold or transferred to another person or owner.(b) If a massage school changes ownership, the new owner must apply for a new massage school license within thirty (30) days before the change in ownership. A massage school may continue to operate pending approval by the department. The new owner must submit a massage school application for a new license meeting all requirements as defined in §117.50.(c) A change of ownership may include the following:(1) For a sole proprietorship, the licensee no longer owns the massage school.(2) For a partnership or limited partnership, the partnership is dissolved.(3) For a corporation or limited liability company, if sold to another person or entity. A change of ownership does not include corporate officer or stockholder restructuring.(4) The addition or deletion of any person defined as an owner.(5) Legal incompetence or death.(d) The new owner of a massage school shall accept responsibility for all refund liabilities of the previous owner.", "sourceNote": "Source Note: The provisions of this §117.52 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.53", "label": "Massage School Equipment and Facility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198140", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each massage school shall provide adequate equipment in good working order. The equipment required for instruction shall be determined by the program objective(s). The equipment shall be comparable to that commonly found in the practice of massage therapy.(b) The equipment and the classroom and laboratory space shall be of sufficient quality and amount to meet the use requirements of the number of current students in class with appropriate seating facilities or work stations, as demanded by the activity patterns of the program.(c) Enrollment shall not exceed the design characteristics of the student workstations.(d) The facilities shall meet any state and local ordinances or requirements governing building and safety for the designated use, including applicable state and local fire codes.(e) If adequate facilities and equipment are available, the following maximum ratios are recommended for the supervised course of instruction, and may be varied at the discretion of the massage school to conform to specific conditions:(1) laboratory--12 tables to 1 instructor and 3 students to 1 table; and(2) classroom--36 students to 1 instructor.(f) If a massage school is using a time clock to track student hours, the computer time clock must indicate the specific date of each day.(g) A massage school shall display the massage school license in a conspicuous place for public view.(h) A massage school must display a sign containing human trafficking information as required by Texas Occupations Code, Chapter 455, §455.207, in a form and manner prescribed by the commission that is:(1) in a conspicuous place clearly visible to the public; and(2) acceptable to the department.", "sourceNote": "Source Note: The provisions of this §117.53 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198140", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.54", "label": "Massage School Health and Safety Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211905", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each massage school shall be maintained in accordance with applicable state and local health and safety codes and regulations.(b) A massage school and all fixed equipment shall be:(1) thoroughly cleaned on a routine basis;(2) rendered free from harmful organisms by the application of an accepted bactericidal agent;(3) in good working condition at all times; and(4) adequately ventilated.(c) Toilet facilities shall be kept clean and sanitary at all times. Restrooms shall not be used as storage rooms.(d) Each massage school shall provide hand washing facilities, including hot and cold running water, located near or adjacent to the toilet room or rooms.(e) All trash containers must be emptied daily and kept clean.(f) Disposable sheets, towels, or protectors which cannot be disinfected must be disposed of in a waste receptacle immediately after use.(g) Furniture, equipment, and other fixtures shall be of a washable material and kept clean and in good repair. Electrical equipment shall be kept sanitary and safe at all times.(h) Clean linens shall be used on each client.(i) After linens have been used once, they must be deposited in a partially closed or fully closed container and shall not be used again until properly laundered and disinfected in chlorinated bleach and hot water.(j) Lubricants, including oils, must be kept in closed containers.", "sourceNote": "Source Note: The provisions of this §117.54 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211905", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.55", "label": "Massage School Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198142", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Massage schools shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.(b) A school must maintain and make available for department or student inspection the following documents for a period of the student's enrollment through thirty-six (36) months after the student completes the curriculum, withdraws, or is terminated:(1) daily record of attendance;(2) the following documents if a time clock is used:(A) time clock record(s); and(B) time clock failure and repair record(s);(3) for a student completing instruction through distance learning, all documentation required under §117.59(m); and(4) all other relevant documents that account for a student's hours under this chapter.(c) The department may inspect a school's instruction, including observing or auditing any instruction offered through distance learning.", "sourceNote": "Source Note: The provisions of this §117.55 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029; amended to be effective January 15, 2023, 48 TexReg 43." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198142", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.57", "label": "Massage School License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The license of a massage school is valid for a two-year period beginning on the date of issuance of the initial license.(b) To renew a massage school license, the licensee must submit:(1) the renewal fee prescribed under §117.100;(2) the completed renewal application on a department-approved form;(3) successfully pass a criminal history background check performed by the department in accordance with the Act, the department's criminal conviction guidelines, and pursuant to Texas Occupations Code, Chapters 51 and 53; and(4) any other information deemed necessary by the department to determine compliance with the Act and this subchapter.(c) At least thirty (30) days before the license expiration date, the department shall send a notice of the expiration date and the amount of the renewal fee due. The notice will be mailed or emailed to the address in the department's records. Each massage school must file a renewal form in a manner prescribed by the department.(d) The department shall renew a massage school license once all renewal requirements are met.(e) A massage school which operates with an expired license may be subject to disciplinary action. Course hours taught during the time the license is expired will not apply toward the minimum 500-hour course of instruction. For the purpose of establishing the date of late renewal, the postmark date shall be considered the date of mailing.", "sourceNote": "Source Note: The provisions of this §117.57 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207270", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.58", "label": "Massage School Administrative Personnel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each massage school that operates a massage therapy educational program shall notify the department of the designated contact person. The designated contact person is responsible for the educational program, the organization of classes and other instruction including distance learning, the maintenance of the physical location and the instructional site(s), the maintenance of proper administrative records and all other procedures related to the administration of the educational program.(b) The owner or designated contact person must be available during scheduled inspections by the department.", "sourceNote": "Source Note: The provisions of this §117.58 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207271", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.59", "label": "Massage School Curriculum Outline and Internship" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198145", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each massage school shall follow the curriculum outline prescribed by the department for the minimum 500-hour supervised course of instruction.(b) A student must successfully complete the first 250 hours of the supervised course of instruction, including the successful completion of at least 100 hours of massage therapy techniques and theory, before the student is eligible to enter the internship program.(c) A classroom hour or instructional hour shall include at least 50 clock minutes of actual instruction time and may include a maximum of 10 minutes of break time. Break time for hours which are taught consecutively in one sitting (i.e., in one evening) may be aggregated into a single break time during those consecutive hours, not to exceed 3-hour blocks of instruction, but not at the end of those hours. The 10 minutes of break time may not be accumulated and used in lieu of lunch or dinner breaks.(d) An instructor must be physically present with the student(s) during any in-person classroom hours, including in-person make-up work. Any make-up work completed through distance learning must comply with the distance learning provisions in this chapter.(e) An internship program must provide a student with a minimum of 40 hours of hands-on massage therapy experience at the location of the student's enrollment. A student enrolled at an additional location shall not be required to travel to another location to complete the internship. The internship may not be offered through distance learning. The internship must be completed at a massage school licensed under this chapter.(f) During the hands-on experience during the internship, a massage therapy instructor must be available on the premises of the massage school and be immediately available to the student(s).(g) A massage school shall not require a student to advertise for clients or to obtain clients as part of the internship program. At the student's option and with the massage school's permission, a student may obtain clients for the student's hands-on massage therapy experience.(h) Unless otherwise agreed to by both the student and the massage therapy educational program, a massage school must provide all of the minimum 500 hours of the supervised course of instruction at the physical location of the licensed massage school where the student enrolled or, if otherwise allowed under this chapter and the Act, through distance learning.(i) A massage school shall schedule instruction and internship clients so that the students will be able to complete the program during the length of time stipulated in the pre-enrollment information. No evening class or required instruction may be scheduled to extend beyond a reasonable time.(j) Individuals who have completed the required minimum 500-hour supervised course of instruction, including the 50-hour internship, are eligible for examination and licensure.(k) A massage school shall not allow a student to receive any form of compensation for massage therapy or other massage therapy services.(l) A massage school shall not allow, authorize, or contract with a student enrolled in any course or portion of a course offered by the school to provide massage therapy or other massage therapy services to the public for compensation in excess of the internship.(m) Distance learning.(1) A massage school must verify the identity of a student receiving instruction through distance learning.(2) A massage school must accurately track the hours each student completes through distance learning.(3) A massage school must monitor each student's participation in distance learning to ensure that the student is receiving instruction.(4) Any class, lecture, or recitation, whether offered through live instruction or not, must offer an opportunity for direct interaction between the instructor and the student. The direct interaction may be synchronous or asynchronous. If the direct interaction is asynchronous, the instructor must respond within a reasonable amount of time.(5) When distance learning is provided through a method other than live instruction, the instruction must involve academic engagement. Academic engagement is active participation by a student in an instructional activity related to the student's course of study. It includes but is not limited to:(A) participating in an activity where there is an opportunity for interaction between the instructor and the student;(B) completing and submitting an academic assignment;(C) taking an assessment or an exam;(D) participating in an interactive tutorial, webinar, or other interactive computer-assisted instruction;(E) participating in a study group, group project, or an online discussion that is assigned by the school; and(F) interacting with an instructor about academic matters.(6) A massage school must document compliance with paragraphs (1)-(5) for each student who receives instruction through distance learning.(7) A massage school must ensure that students receiving instruction through distance learning have the educational materials necessary to fulfill all course requirements.(8) A massage school may not use distance learning to provide the instruction required by Section 455.156(b)(1)(A) of the Act.(9) A massage school using a time clock or similar technology to track student hours completed through distance learning may not alter the time clock records, except in a documented case of technological failure or other situation which is documented by the school.(n) As part of the minimum 500-hour supervised course of instruction, a massage school shall provide information in protecting the safety of a massage therapist, including steps to take if a client initiates any verbal or physical contact with the massage therapist that is intended to arouse or gratify the sexual desire of either person. This information may be provided at any time in the 500 hours.", "sourceNote": "Source Note: The provisions of this §117.59 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198145", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.61", "label": "Massage School Admission Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207272", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each massage school shall develop and maintain admission requirements.(b) Evidence shall be maintained in each student's file to show that the admission requirements have been met.(c) Each massage school must maintain a written record of the previous education and training of a student which meets any portion of the course of instruction required for licensure. The record shall include, if applicable, proof of current CPR and/or First Aid certification from the American Heart Association, American Red Cross, or National Safety Council, or another provider with curriculum that is in compliance with nationally accepted guidelines established by above referenced organizations.(d) Official transcripts and documentation of course work obtained at colleges, universities, or out of state institutions must be submitted for evaluation on a department-approved form. The department will provide the student with the allowed approved credit which the student must provide to the massage school. The massage school must place in the student's file a copy of the department's evaluation.(e) A massage school may not require a student to take subjects the student has already successfully completed and which meet the requirements for licensure.", "sourceNote": "Source Note: The provisions of this §117.61 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207272", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.62", "label": "Massage School Enrollment Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185737", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before enrollment, each massage school shall provide each prospective student with the following:(1) a program outline;(2) the admission requirements;(3) a schedule of tuition, fees, and other charges;(4) a cancellation and refund policy;(5) the length of time for completion of program, including internship hours;(6) a class schedule including estimated break and meal times;(7) the attendance and progress policies, including requirements and fees for make-up hours;(8) grievance policies;(9) the student-teacher ratio;(10) the conduct policy;(11) explanations of the difference between a loan and a grant, if the school participates in a loan or grant program;(12) a copy of the enrollment agreement;(13) a notice that clearly states the number of course hours which must be successfully completed before a student can be licensed as a massage therapist under this chapter;(14) a list of instructors, their qualifications, and the subject area taught by each instructor;(15) information indicating how a prospective student may obtain copies of the Massage Therapy Act, Texas Occupations Code, Chapter 455 and this chapter; and(16) a statement that the Act sets out that a person is ineligible for licensure if the person has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication to crimes or offenses under Chapter 20A, Penal Code, or Subchapter A, Chapter 43, Penal Code, or another sexual offense.(b) Each prospective student shall be given a reasonable time to review the material in subsection (a) and offered the opportunity to tour the instructional facility and inspect equipment before signing an enrollment agreement.(c) Each massage school shall use a department-approved acknowledgment form to verify the prospective student's receipt of the information required in subsection (a). A signed copy of the form shall be given to the prospective student and the original shall be maintained in the student's file. The form shall include the following or similar statements:(1) \"I have furnished information disclosing my previous education, training, and work experiences. I understand this will be evaluated and may result in the program length being shortened and the cost reduced.\";(2) \"I further realize that complaints may be made to the Texas Department of Licensing and Regulation, Massage Therapy Program, P.O. Box 12157, Austin, Texas 78711, (512) 539-5600, or www.tdlr.texas.gov.\";(3) \"I have been offered the opportunity to read the Massage Therapy Act and the rules of the department included in 16 Texas Administrative Code Chapter 117.\"; and(4) \"I have been made aware that the State of Texas requires only the minimum 500-hour course of instruction for licensure as a massage therapist, and anything beyond that is strictly voluntary.\"(d) Each massage school shall develop an enrollment agreement which shall be used to enroll each student. The agreement shall include but is not limited to:(1) the full and correct name and location of the massage school and the massage school director(s) and owner(s);(2) the program title, tuition, fees, reasonable estimated cost of books and supplies, any other expenses, total cost of the program, items subject to cost change, method of payment and payment schedule, disclosure statement (if interest is charged on more than three payments), student's right to cancel;(3) the number of instructional hours included in the program, including internship hours, hours completed in a classroom, and hours completed through distance learning;(4) the date the program is to begin, the course length and course schedule;(5) the name and address of the student; and(6) a statement that the student has received a copy of the information in subsection (a) of this section.(e) Each student shall be given a copy of his or her executed enrollment agreement and a copy shall be kept in the student's file maintained by the school along with a copy of the acknowledgment form required by subsection (c).(f) Each massage school must maintain an album or database that contains each student permit, including a picture of each enrolled student.(g) Each student enrolled in a massage school must have a student permit. No student may accrue hours without a student permit subject to department approval. No student permit is valid unless the student's photo is included.", "sourceNote": "Source Note: The provisions of this §117.62 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185737", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.63", "label": "Massage School Tuition and Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198147", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A massage school shall develop and implement a written policy relating to method(s) of payment available to enrolling students. If student financing is available through any form of arrangement or agreement between the school and a lending institution, the complete terms of the arrangement or agreement must be disclosed in the policy. In addition, if any form of financing is available at or through the school, all charges, the true annual percentage rate and the name(s) and address(es) of the lending institution(s) shall be disclosed in the policy.(b) A student shall not be held liable for any tuition, fees, or other charges not disclosed in the policy at the time of enrollment.(c) Scholarships may be offered, provided the terms of the scholarships are published and disclosed in the policy.(d) Any funds received from, or on behalf of, a student shall be recorded in a format that is current and readily accessible to department representatives. Receipts shall be issued to the student. The funding source and the reason for the charges shall be clearly identified on both the school's record and the receipt.(e) A massage school may not allow a student to engage in the unlicensed practice of massage in order to pay for tuition, fees, or other charges associated with the student's massage therapy education.", "sourceNote": "Source Note: The provisions of this §117.63 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198147", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.64", "label": "Massage School Transcripts and Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198148", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Massage schools shall make available for inspection by the department all records relating to the massage school and necessary data required for approval and to show compliance with the Act and this subchapter. A copy of the accreditation authorization and the letter of eligibility from the U.S. Department of Education shall be available for review, if applicable.(b) A massage school may use a time clock to track student hours and maintain a daily record of attendance.(c) A massage school using a time clock shall post a sign at the time clock that state the following department requirements:(1) Each student must personally clock in or out on their own;(2) No credit shall be given for any times written in, except in a documented case of time clock failure or any other situation which is documented by a licensed instructor;(3) If a student is in or out of the massage school for lunch, the student must clock out;(4) Students leaving the massage school for any reason, including smoking breaks, must clock out, except when an instructional area, on a campus, is located outside the main school building and students are under the supervision of a licensed instructor.(d) Each massage school shall maintain student transcripts of academic records permanently. Original or certified copies of transcripts (official transcripts) shall be available to students and any person authorized by the student at a reasonable charge if the student has fulfilled the financial obligation to the school. Transcripts must be made available to students who have satisfied the terms of the enrollment agreement within ten (10) calendar days of the date the terms are satisfied. The transcript of a student shall include the following:(1) name and license number of massage therapy educational program;(2) the name of the student;(3) student's social security number;(4) student's date of birth;(5) inclusive dates of attendance;(6) list of subjects and number of course hours taken by the student at the massage school;(7) dates of courses;(8) address of student;(9) signature of the school owner or designated contact person; and(10) pass/fail score.(e) Each massage school shall retain the following student records for at least three years:(1) enrollment agreements and contracts;(2) written record and evaluation of previous education and training on a form provided by the department; and(3) official transcript(s) from all previous post-secondary schools attended by the student.", "sourceNote": "Source Note: The provisions of this §117.64 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198148", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.65", "label": "Massage School Conduct and Grievance Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207273", "queryAsDate": "03/11/2026" }, "ruleBody": "A massage school shall develop and implement a written policy pertaining to the conduct of students, including a grievance policy. The policy shall:(1) include conditions for dismissal;(2) include conditions for re-entrance of those students dismissed for violating the conduct policy;(3) attempt to resolve disputes between students, including drops and graduates, and the school or instructor;(4) require that adequate records be maintained of grievances and resolutions;(5) require that every effort to resolve grievances and complaints is made; and(6) prohibit a massage school from disciplining or retaliating against a student for filing a complaint with the department.", "sourceNote": "Source Note: The provisions of this §117.65 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207273", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.66", "label": "Massage School Cancellation, Refund, and School Closure Policies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207274", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each massage school shall develop and implement a cancellation and refund policy which must provide a full refund of all monies paid by a student if:(1) the student cancels the enrollment agreement within 72 hours (until midnight of the third day excluding Saturdays, Sundays, and legal holidays) after the enrollment contract is signed by the prospective student;(2) the enrollment of the student was procured as the result of any misrepresentation in advertising, in promotional materials of the massage school or by the owner or massage therapy instructor; or(3) the student was not provided ample opportunity to read the information provided in §117.62.(b) The policy must provide for the refund of the unused portion of tuition, fees, and other charges in the event the student, after expiration of the 72-hour cancellation privilege, fails to enter, withdraws from, or is terminated from the program at any time before completion. The policy must provide that:(1) refunds for each program will be based on the program time expressed in clock hours;(2) refunds must be consummated within thirty (30) days after the earliest of:(A) the effective date of termination if the student is terminated;(B) the date of receipt of written notice from the student of withdrawal; or(C) ten (10) instructional days following the first day of the program if the student fails to enter;(3) if tuition is collected in advance of the first day of the program, and if, after expiration of the 72-hour cancellation privilege, the student does not enter the program, not more than $200 shall be retained by the massage school;(4) if a student enrolls in a massage school and is terminated or withdraws, the minimum refund of the tuition will be:(A) during the first week or one-tenth of the program, whichever is less, 90% of the unused tuition, fees, and charges;(B) after the first week or one-tenth of the program, whichever is less, but within the first three weeks of the program, 80% of the unused tuition, fees, and other charges;(C) after the first three weeks of the program, but within the first quarter of the program, 75% of the unused tuition, fees, and other charges;(D) during the second quarter of the program, 50% of the unused tuition, fees, and other charges;(E) during the third quarter of the program, 10% of the unused tuition, fees, and other charges; and(F) during the last quarter of the program, the student may be considered obligated for the full tuition;(5) refunds of items of extra expense to the student, such as instructional supplies, books, student activities, laboratory fees, service charges, rentals, deposits, and all other such ancillary miscellaneous charges, where these items are separately stated and shown in the pre-enrollment information, will be made in a reasonable manner;(6) if a program is discontinued by the massage school and this prevents the student from completing the program:(A) all tuition, fees and other charges paid shall be refunded if the student is not provided with a transcript of all successfully completed hours within thirty (30) days of discontinuance of the program; or(B) in the event an additional or changed location is ten (10) miles or more from the previously approved location of instruction and an enrolled student is unable to complete the program at the additional or changed location as determined by the department:(i) all tuition, fees and other charges paid shall be refunded if the student is not provided with a transcript of all successfully completed hours within thirty (30) days of the change of location; or(ii) all unused tuition, fees, and other charges shall be refunded if a transcript of all successfully completed hours is provided within thirty (30) days of the change of location; and(7) If a student did not meet the admission requirements of a program and the student does not complete the program for any reason, all tuition and fees shall be refunded.(c) The school will determine the value of any refund due to the student. If the school received any money designated for the payment of tuition, fees, and other charges and the value of the money is determined to be more than the portion used during the student's enrollment, then the student is eligible for a refund of the unused portion of the money received by the school.(d) In all refund computations, leaves of absence, suspensions, school holidays, days when instruction is not offered, and summer vacations shall not be counted as part of the elapsed time for purposes of calculating a student's refund.(e) A massage school is considered to have made a good faith effort to consummate a refund if the student's file contains evidence of the following attempts:(1) certified mail to student's last known address;(2) certified mail to the student's permanent address; and(3) certified mail to the address of the student's parent, if different from the permanent address and if known.(f) If the department determines that the method used to calculate refunds is not in compliance with this section and if the massage school does not provide the correct refund promptly, the school shall submit a report of an audit conducted by a certified public accountant or public accountant of the refunds due former students. The audit report shall be accompanied by a schedule of student refunds due which shall disclose the following information for the previous four years for each former student:(1) the name, address(es), and social security number;(2) the last date of attendance and date of termination;(3) the amount of refund with principal and interest separately stated, date and check number of payment if payment has been made, and any balance due; and(4) the reason for refund.(g) The department may take disciplinary action against the license of a massage school for a violation of this section; however, the department has no authority to recover a refund on behalf of a student.(h) If a massage school suspends enrollments or closes, it must give written notice to the department within ten (10) days of the suspension or closure. The department shall be furnished with the names and addresses of any students who were prevented from completion by reason of the discontinuance of the program.(i) Refunds shall be made in accordance with the massage school's refund policy. The effective date of termination for purposes of refunds shall be the last day the student attended school.", "sourceNote": "Source Note: The provisions of this §117.66 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207274", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.67", "label": "Massage School Student Progress Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207275", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Appropriate standards must be implemented to ascertain the progress of the students enrolled. Each massage school shall have a progress evaluation system of a type and nature to reflect whether the student is making satisfactory progress to the point of being able to complete all subjects within the allotted time provided in the pre-enrollment information.(b) Massage schools must submit to the department an electronic record of each student's successfully completed clock hours at least one time per month in a manner and format prescribed by the department. The department may require massage schools to identify the location where hours were completed or if hours were completed through distance learning. A massage school's initial submission of clock hours shall include all hours successfully completed at the school. Upon department approval, a massage school may submit data required under this subsection in an alternate manner and format as determined by the department, if the massage school demonstrates that the requirements of this subsection would cause a substantial hardship to the school.(c) Except for a documented leave of absence, a massage school shall electronically submit a student's withdrawal or termination to the department within ten (10) calendar days after the withdrawal or termination. Except for a documented leave of absence, a school shall terminate a student who does not attend a massage school for thirty (30) school days.(d) Upon a student's completion of the massage therapy educational program, the school shall notify the department that the student has successfully completed the required number of hours and is eligible to take the appropriate examination.(e) Upon notification from the massage school, the department shall make the student eligible to take the appropriate examination.", "sourceNote": "Source Note: The provisions of this §117.67 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207275", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "F", "label": "LICENSED MASSAGE SCHOOLS" }, "rule": { "number": "§117.68", "label": "Massage School Attendance Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198152", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each massage school shall develop and implement a written policy relating to attendance for students enrolled in a massage school or any portion of the course of instruction.(b) The policy shall include requirements and fees for make-up work.(c) An absence shall be charged for a full day when a student attends none of the scheduled instruction on that day. A partial day of absence shall be charged for any period of absence during the day.(d) School holidays shall not be considered as days of absence.(e) The attendance policy shall require the termination of students who accumulate absences of more than ten (10) consecutive school days.(f) Refunds shall be made in accordance with massage school's refund policy. The effective date of termination for purposes of refunds shall be the last date of absence under subsection (e).(g) A massage school may not start students after 10% of the program has been taught except in those cases where appropriate credit for previous education has been given by the department.(h) Make-up work shall not be authorized for the purpose of removing an absence under subsection (e).(i) A leave of absence for reasonable purposes acceptable to the massage school shall not exceed the lesser of thirty (30) school days or sixty (60) calendar days.(1) A student shall be granted only one leave of absence for each 12-month period.(2) Attendance records shall clearly show the dates for which the leave of absence was granted. A written statement as to why the leave of absence was granted, signed by both the student and the director of the massage school indicating approval, shall be placed in the student's file.(3) If the student fails to return from leave, the student will be automatically terminated and a refund made in accordance with the massage school's refund policy. The effective date of termination shall be the last day of the leave of absence.(j) Each massage school must maintain a master record of attendance which clearly indicates the number of scheduled hours each day and the hours of absence for each student. Entries to the attendance log must indicate whether or not a student was in attendance and must be permanent.", "sourceNote": "Source Note: The provisions of this §117.68 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198152", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "G", "label": "LICENSED MASSAGE ESTABLISHMENTS" }, "rule": { "number": "§117.80", "label": "Massage Establishment Application Procedures and Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185748", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise exempt under the Act, a place of business that advertises or offers massage therapy or other massage services must be licensed by the department as a massage establishment as provided by this section.(b) A sexually oriented business may not obtain a license from the department or operate as a massage establishment.(c) Each applicant for a massage establishment must:(1) submit a completed application on a department approved form;(2) pay the fee as prescribed under §117.100; and(3) successfully pass a criminal history background check performed by the department in accordance with the Act, the department's criminal conviction guidelines, and pursuant to Texas Occupations Code, Chapters 51 and 53.(d) A criminal history check performed under this subsection requires an applicant for a license to submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.(e) The department may not issue a license to a person who does not comply with the requirements of this section.(f) The department shall conduct a criminal history record information check of each applicant for a license using information:(1) provided by the individual under this section; and(2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.(g) For purposes of this section, if the applicant for a license is an entity, the applicant must submit fingerprints as required by this section for each individual who:(1) personally or constructively holds, including as the beneficiary of a trust:(A) at least 10 percent of the entity's outstanding stock; or(B) more than $25,000 of the fair market value of the entity;(2) has the controlling interest in the entity;(3) has a direct or indirect participating interest through shares, stock, or otherwise, regardless of whether voting rights are included, of more than 10 percent of the profits, proceeds, or capital gains of the entity;(4) is a member of the board of directors or other governing body of the entity; or(5) serves as:(A) an elected officer of the entity; or(B) a general manager of the entity.", "sourceNote": "Source Note: The provisions of this §117.80 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185748", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "G", "label": "LICENSED MASSAGE ESTABLISHMENTS" }, "rule": { "number": "§117.81", "label": "Massage Establishment Renewal Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211906", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A massage establishment license is valid for a two-year period beginning on the date of issuance of the initial license and must be renewed before the expiration date.(b) To renew a massage establishment license, a licensee must submit:(1) the renewal fee prescribed under §117.100;(2) the completed renewal application on a department-approved form; and(3) any other information deemed necessary by the department to determine compliance with the Act and this subchapter.(c) The department shall issue a renewal license to a massage establishment that has met all renewal requirements.", "sourceNote": "Source Note: The provisions of this §117.81 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211906", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "G", "label": "LICENSED MASSAGE ESTABLISHMENTS" }, "rule": { "number": "§117.82", "label": "Massage Establishments--General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198154", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A massage establishment shall employ or contract with only licensed massage therapists to perform massage therapy or other massage services. Documentation of the employment or contract relationship and verification that the licensed massage therapist is a United States citizen or a legal permanent resident with a valid work permit shall be maintained by the massage establishment and made available during an inspection or investigation. Required documentation for each person providing massage therapy or other massage services shall include:(1) a copy of the current massage therapist license;(2) proof of eligibility to work in the United States; and(3) if an employee, a completed I-9 form, or if under an independent contractor or contract labor agreement, a copy of the contract signed by both the owner or operator and the licensed massage therapist.(b) No massage establishment shall be operated until the department has approved and licensed the establishment.(c) A massage establishment must maintain separation from rooms used wholly or in part for residential or sleeping purposes by a solid wall or by a wall with a solid door which shall remain locked during business hours.(d) A massage establishment must display the license in a prominent location in the establishment where it is available for inspection by the public.(e) A license issued by the department is the property of the department and must be surrendered on demand.(f) Massage establishments shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.(g) A massage establishment may not:(1) employ or contract with an individual who is not a United States citizen or a legal permanent resident with a valid work permit;(2) employ a minor unless the minor's parent or legal guardian authorizes in writing the minor's employment by the establishment;(3) allow a nude or partially nude employee to provide massage therapy or other massage services to a customer;(4) allow any individual, including a client, student, license holder, or employee, to engage in sexual contact in the massage establishment;(5) allow any individual, including a student, license holder, or employee, to practice massage therapy in the nude or in clothing designed to arouse or gratify the sexual desire of any individual; or(6) allow an unlicensed student to provide massage therapy or other massage services to the public beyond the department-approved internship.(h) A massage establishment shall:(1) properly maintain and secure for each client the initial consultation documents, all session notes, written consent documents, and related billing records; and(2) maintain a current list of all establishment employees and/or contractors at all times which includes:(A) full name; and(B) license number and expiration date (if licensed as a massage therapist).(i) For purposes of this section:(1) \"Nude\" means a person who is:(A) entirely unclothed; or(B) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts or any portion of the genitals or buttocks.(2) \"Sexual contact\" includes:(A) any touching of any part of the genitalia or anus;(B) any touching of the breasts of a female client, unless the touching is breast massage that is specifically authorized by the client as required in §117.91;(C) any offer or agreement to engage in any activity described in subparagraph (A) or (B);(D) kissing;(E) deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, solicitation of prostitution, and promotion of prostitution as described in Texas Penal Code, Chapters 21, 22, and 43, or any offer or agreement to engage in such activities;(F) any behavior, gesture, or expression that may reasonably be interpreted as inappropriately seductive or sexual; or(G) inappropriate sexual comments about or to a client, including sexual comments about a person's body.(j) A massage establishment must display a sign containing human trafficking information as required by Texas Occupations Code, Chapter 455, §455.207, in a form and manner prescribed by the commission that is:(1) in a conspicuous place clearly visible to the public; and(2) acceptable to the department.(k) A massage establishment shall not allow any individual, including a student, license holder, or employee, to reside on the premises of the massage establishment. This does not apply to a place of business exempted by Texas Occupations Code Chapter 455, §455.155(c)(2), from the requirement to hold a license as a massage establishment or to a licensed massage therapist who practices as a solo practitioner and who is exempted under Texas Occupations Code Chapter 455, §455.155(b), from the requirement to hold a license as a massage establishment.", "sourceNote": "Source Note: The provisions of this §117.82 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective April 1, 2021, 46 TexReg 2003; amended to be effective January 1, 2022, 46 TexReg 9029; amended to be effective January 15, 2023, 48 TexReg 43." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198154", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "G", "label": "LICENSED MASSAGE ESTABLISHMENTS" }, "rule": { "number": "§117.83", "label": "Sanitation Requirements for Massage Establishments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185747", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each massage establishment shall be maintained in accordance with applicable state and local sanitary or health codes and regulations.(b) A massage establishment and all fixed equipment shall:(1) be thoroughly cleaned on a routine basis;(2) be rendered free from harmful organisms by the application of an accepted bactericidal agent; and(3) be in good working condition at all times.(c) Toilet facilities shall be kept clean, sanitary, and in working order at all times. Restrooms shall not be used as storage rooms.(d) Each location shall provide hand washing facilities, including hot and cold running water, located near or adjacent to the toilet room or rooms. Hot air blowers or suitable holders for sanitary towels and dispensers for soap shall be provided, and be adequately supplied at all times.(e) All trash containers must be emptied daily and kept clean by washing or using plastic liners.(f) Disposable sheets, towels, or protectors which cannot be disinfected will be disposed of in a waste receptacle immediately after use.(g) Furniture, equipment, and other fixtures shall be of a washable material and kept clean and in good repair. Electrical equipment shall be kept sanitary and safe at all times.(h) Clean linens shall be used on each client.(i) After linens have been used once, they must be deposited in a fully closed or partially closed container and shall not be used again until properly washed and disinfected in chlorinated bleach and hot water.(j) Lubricants, including oils, must be kept in closed containers.", "sourceNote": "Source Note: The provisions of this §117.83 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185747", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "G", "label": "LICENSED MASSAGE ESTABLISHMENTS" }, "rule": { "number": "§117.84", "label": "Massage Establishment Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185749", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A place of business is not required to hold a massage establishment license under the Act if:(1) the place of business is owned by the federal government, the state, or a political subdivision of the state;(2) at the place of business, a licensed massage therapist practices as a solo practitioner and:(A) does not use a business name or assumed name; or(B) uses a business name or an assumed name and provides the massage therapist's full legal name or license number in each advertisement and each time the business name or assumed name appears in writing;(3) at the place of business, an acupuncturist, athletic trainer, chiropractor, cosmetologist, midwife, nurse, occupational therapist, perfusionist, physical therapist, physician, physician assistant, podiatrist, respiratory care practitioner, or surgical assistant licensed or certified in this state employs or contracts with a licensed massage therapist to provide massage therapy as part of the person's practice; or(4) at the place of business, a person offers to perform or performs massage therapy:(A) for not more than 72 hours in any six-month period; and(B) as part of a public or charity event, the primary purpose of which is not to provide massage therapy.(b) Unless the person is exempt from the licensing requirement, a person may not represent that the person is a massage establishment unless the person holds an appropriate license under this subchapter.", "sourceNote": "Source Note: The provisions of this §117.84 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185749", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "G", "label": "LICENSED MASSAGE ESTABLISHMENTS" }, "rule": { "number": "§117.85", "label": "Massage Establishment Change of Ownership or Change of Location" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204342", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No massage establishment license shall be transferred, bartered, or sold to another person or owner. The new owner of a massage establishment must apply for a license as a new applicant. A massage establishment may not operate under a new owner until a massage establishment license is issued by the department to the new owner. A license issued under this chapter is not transferable.(b) The department may consider the addition or deletion of any person defined as an owner as a change in ownership. The massage establishment must notify the department of the change in ownership within thirty (30) days before the change in ownership to request that the department, in lieu of a full application, accept a partial application.(c) The department may require submission of a full application for approval for a change in ownership if:(1) the department has a reasonable basis to believe the change in ownership of the establishment may significantly affect the establishment's continued ability to meet the criteria for approval; or(2) the establishment fails to file notice of the change of ownership within thirty (30) days of the ownership transfer.(d) The department may require a partial application for approval for a change in ownership if the department reasonably believes the change in ownership will not significantly affect the establishment's continued ability to meet the criteria for approval.(e) No massage establishment license shall be transferred to another location. If the location of an establishment changes, a new application for licensure must be submitted and approved before the establishment may provide massage therapy or other massage therapy services.", "sourceNote": "Source Note: The provisions of this §117.85 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204342", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "H", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§117.90", "label": "General Ethical Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207277", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall not make deceptive, untrue, or fraudulent representations in the practice of massage therapy or employ a trick or scheme in the practice of massage therapy, including, but not limited to, warranty of results of such services and false claims of proficiency in any field.(b) A licensee shall not use a work area, equipment or clothing that is unclean or unsanitary.(c) A licensee shall not practice massage therapy fraudulently, with gross incompetence, with gross negligence on a particular occasion, or with negligence or incompetence on more than one occasion.(d) A licensee shall bill clients or third parties only for those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual agreement.(e) A licensee must either honor an unexpired gift certificate issued by that licensee or provide a full refund.(f) For each client, a licensee shall keep accurate records of the dates of massage therapy services, types of massage therapy and billing information. Such records must be maintained for a minimum of two years.(g) A licensee must obtain the written consent of a parent or guardian to provide massage therapy services to a person under the age of 17.(h) On the written request of a client, a client's guardian, or a client's parent if the client is under the age of 17, a licensee shall provide a written explanation of the charges for massage therapy services previously made on a bill or statement of the client. This requirement applies even if the charges are to be paid by a third party.(i) A licensee shall not abuse alcohol or drugs in any manner which detrimentally affects the provision of massage therapy or massage therapy instruction.(j) A licensee may not overcharge or over treat a client.(k) A licensee shall not practice in an unlicensed massage establishment or massage school.(l) A licensee shall not allow an unlicensed person to engage in activity for which licensure is required.(m) A licensee shall not provide false information on material submitted to the department.(n) A licensee shall not interfere with a department investigation by the willful misrepresentation of facts to the department or its authorized representative, or by the use of threats, retaliation, or harassment against any person.(o) A licensee shall comply with any formal order issued by the department relating to the licensee.(p) A licensee shall be subject to disciplinary action by the department if the licensee is issued a public letter of reprimand, is assessed a civil penalty by a court, or has an administrative penalty imposed by the attorney general's office under the Texas Code of Criminal Procedure, Chapter 56, Subchapter B.(q) A licensee shall notify each client of the name, mailing address, telephone number, and web address of the department for the purpose of directing complaints to the department by providing notification:(1) on each written contract for services of a licensee;(2) on a sign prominently displayed in the primary place of business of each licensee;(3) on a bill for service provided by a licensee to a client or third party; or(4) by another written and documented method.(r) A licensee shall keep his or her licensure file updated by notifying the department, in writing, of changes of names, address, telephone number and employment.(s) A licensee shall be subject to disciplinary action for failure to truthfully respond in a manner that fully discloses all information in an honest, materially responsive, and timely manner to a complaint filed with or by the department.(t) A licensee shall not make any false, misleading, deceptive, fraudulent, or exaggerated claim or statement about the licensee's services, including, but not limited to:(1) the effectiveness of services;(2) the licensee's qualifications, capabilities, background, training, experience, education, certification or licensure, professional affiliations, fees, products, or publications; or(3) the practice or field of massage therapy.(u) A licensee shall provide draping and treatment services sufficient to protect a client's safety, comfort, and privacy, and must drape:(1) the genital area and gluteal cleavage of all clients at all times; and(2) the breasts of female clients at all times, unless performing breast massage that is specifically authorized by the client as required in §117.91.", "sourceNote": "Source Note: The provisions of this §117.90 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective April 1, 2021, 46 TexReg 2003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207277", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "H", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§117.91", "label": "Consultation Document and Written Consent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207278", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall provide an initial consultation to each client before the first massage therapy session and obtain the signature of the client on the consultation document. The consultation document shall include:(1) the type of massage therapy services or techniques the licensee anticipates using during the massage therapy session;(2) the parts of the client's body that will be massaged or the areas of the client's body that will be avoided during the session, including indications and contraindications;(3) a statement that the licensee shall drape the breasts of all female clients and not engage in breast massage of female clients unless the client gives written consent before each session involving breast massage;(4) a statement that draping of the genital area and gluteal cleavage will be used at all times during the session for all clients;(5) a statement that if uncomfortable for any reason, the client may ask the licensee to cease the massage and the licensee will end the massage session;(6) a statement that the licensee may end the massage session if the licensee feels uncomfortable for any reason;(7) a statement that the licensee must immediately end the massage session if a client initiates any verbal or physical contact that is sexual in nature; and(8) the signature of both the client and the licensee.(b) If the client's reason for seeking massage therapy changes at any time or any of the information in subsection (a)(1) - (3), is modified, the licensee must provide an updated consultation reflecting any changes and modifications to the techniques used or the parts of the client's body to be massaged.(c) A licensee shall obtain a new written consent, signed and dated by the client, before each session in which breast massage of a female client will be performed. This written consent may be documented on a new consultation document or in a separate document.", "sourceNote": "Source Note: The provisions of this §117.91 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective April 1, 2021, 46 TexReg 2003; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207278", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "H", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§117.92", "label": "Sexual Misconduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198157", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall not engage in sexual contact during a session with a client. For the purposes of this section, sexual contact includes:(1) any touching of any part of the genitalia or anus;(2) any touching of the breasts of a female client, unless the touching is breast massage that is specifically authorized by the client as required in §117.91;(3) any offer or agreement to engage in any activity described in paragraph (1) or (2);(4) kissing;(5) deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, solicitation of prostitution, and promotion of prostitution as described in the Texas Penal Code, Chapters 21, 22, and 43, or any offer or agreement to engage in any such activities;(6) any behavior, gestures, or expressions which may reasonably be interpreted as inappropriately seductive or sexual; or(7) inappropriate sexual comments about or to a client, including making sexual comments about a person's body.(b) A licensee shall not allow any individual, including a client, student, licensee, employee, participant in a continuing education program, or one's self to engage in sexual contact on the premises of any massage school, massage establishment, or the licensee's own place of business.(c) A licensee shall not allow any individual, including a student, licensee, employee, or one's self to practice massage therapy or provide other massage therapy services in the nude, while partially nude, or in clothing designed to arouse or gratify the sexual desire of any individual.(d) A licensee shall not perform massage therapy, whether or not for compensation, at or for a sexually oriented business.(e) A licensee shall immediately discontinue the massage therapy session, activity or the professional relationship when a client initiates any verbal or physical contact with the licensee that is intended to arouse or gratify the sexual desire of either person.", "sourceNote": "Source Note: The provisions of this §117.92 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective April 1, 2021, 46 TexReg 2003; amended to be effective January 1, 2022, 46 TexReg 9029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198157", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "H", "label": "RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS" }, "rule": { "number": "§117.93", "label": "Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198158", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person, including a massage therapy instructor, a massage school, a massage therapist, or massage establishment, who is not licensed under the Act, shall not use the word \"massage\" on any sign, display, or other form of advertising unless the person is expressly exempt from the license requirements of the Act. Under no circumstances may a sexually oriented business use the word \"massage\" or \"bath\" on any sign or other form of advertising.(b) A licensee shall not use advertising that is false, misleading, or deceptive or that is not readily subject to verification. False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes advertising that:(1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;(2) makes a representation likely to create an unjustified expectation about the results of a health care service or procedure;(3) compares a health care professional's services with another health care professional's services unless the comparison can be factually substantiated;(4) causes confusion or misunderstanding as to the credentials, education, or licensure of a health care professional;(5) advertises or represents that health care insurance deductibles or copayments may be waived or are not applicable to health care services to be provided if the deductibles or copayments are required;(6) advertises or represents that the benefits of a health benefit plan will be accepted as full payment when deductibles or copayments are required;(7) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of client; or(8) advertises or represents in the use of a professional name, title or professional identification that is expressly or commonly reserved to or used by another profession or professional.(c) When an assumed name is used in a person's practice as a massage therapist, the full legal name of the massage therapist or license number of the massage therapist must be listed in each advertisement and each time the business name or assumed name appears in writing. The license number of a massage establishment must be listed in conjunction with the assumed or legal name of the massage establishment. An assumed name used by a massage therapist must not be false, misleading, or deceptive.(d) A massage school shall not make false, misleading, or deceptive statements concerning the activities or programs of another massage school.(e) Advertisements by a massage therapy educational program seeking prospective students must clearly indicate that training is being offered, and shall not, either by actual statement, omission, or intimation, imply that prospective employees are being sought.(f) Advertisements seeking prospective students must include the full and correct name and license number of the massage therapy educational program and massage school.", "sourceNote": "Source Note: The provisions of this §117.93 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198158", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "I", "label": "FEES" }, "rule": { "number": "§117.100", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185755", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are non-refundable.(b) Fees related to massage therapists are as follows:(1) student permit fee--$25;(2) initial application fee--$100;(3) renewal application fee (for two-year license)--$75.(c) Fees related to massage establishments are as follows:(1) initial application fee:(A) for each massage school primary instructional location or approved additional location--$100;(B) for all other establishment applicants--$200;(2) renewal application fee (for two-year license):(A) for each massage school primary instructional location or approved additional location--$100;(B) for all other establishment renewal applicants--$200.(d) Fees related to massage schools offering the massage therapy educational program are as follows:(1) initial application fee (includes inspection)--$1,500;(2) renewal application fee (for a two-year period)--$1,000;(3) change of location (includes inspections)--$300;(4) application fee for an additional massage school location separate from the main campus (includes inspection) --$500; and(5) renewal fee for an additional massage school location separate from the main campus--$500.(e) Fees related to massage therapy instructors are as follows:(1) initial application fee--$100;(2) renewal application fee (for a two-year period)--$100;(f) The fees related to approved providers for continuing education are as follows:(1) initial application fee--$200;(2) renewal application fee (for a two-year period)--$200.(g) A duplicate/replacement fee for licenses issued under this chapter is $25.(h) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).(i) A dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).(j) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).", "sourceNote": "Source Note: The provisions of this §117.100 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective February 1, 2020, 45 TexReg 543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185755", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "J", "label": "ENFORCEMENT PROVISIONS" }, "rule": { "number": "§117.110", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190609", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person may file a complaint with the department alleging that a massage therapist, massage school, massage therapy instructor, massage establishment, continuing education provider, or another person or business has violated the Act or this chapter.(b) A person wishing to file a complaint against a massage therapist, massage school, massage therapy instructor, massage establishment, continuing education provider, or another person or business shall notify the department at Texas Department of Licensing and Regulation, Massage Therapy Program, P.O. Box 12157, Austin, Texas 78711, (512) 539-5600, or www.tdlr.texas.gov.", "sourceNote": "Source Note: The provisions of this §117.110 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190609", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "J", "label": "ENFORCEMENT PROVISIONS" }, "rule": { "number": "§117.111", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185757", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a person or entity violates any provision of Texas Occupations Code, Chapters 51 or 455, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapters 51 and 455 and any associated rules.(b) The commission or executive director may refuse to issue a license to a person, suspend or revoke the license of a person, or place a person licensed under the Act on probation if the person:(1) obtains a license by fraud, misrepresentation, or concealment of material facts;(2) sells, barters, or offers to sell or barter a license;(3) violates a rule adopted by the commission;(4) engages in unprofessional conduct that endangers or is likely to endanger the health, welfare, or safety of the public;(5) violates an order or ordinance adopted by a political subdivision under Local Government Code, Chapter 243; or(6) violates this chapter.(c) The commission or executive director shall revoke the license of a person if:(1) the person is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter 43, Penal Code or another sexual offense; or(2) the department determines the person has practiced or administered massage therapy at or for sexually oriented business.(d) The commission or executive director shall revoke the license of a person licensed as a massage school or massage establishment if the department determines that:(1) the school or establishment is a sexually oriented business; or(2) an offense involving prostitution or another sexual offense that resulted in a conviction for the offense, a plea of nolo contendere or guilty to the offense, or a grant of deferred adjudication for the offense occurred on the premises of the school or establishment.", "sourceNote": "Source Note: The provisions of this §117.111 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185757", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "117", "label": "MASSAGE THERAPY" }, "subchapter": { "number": "J", "label": "ENFORCEMENT PROVISIONS" }, "rule": { "number": "§117.112", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226088", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 455 and any associated rules may be used to enforce Texas Occupations Code, Chapter 455 and this chapter.", "sourceNote": "Source Note: The provisions of this §117.112 adopted to be effective November 1, 2017, 42 TexReg 4991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226088", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§118.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226089", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M.", "sourceNote": "Source Note: The provisions of this §118.1 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226089", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§118.2", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226090", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise specifically provided, this chapter applies to all persons who:(1) perform or attempt to perform laser hair removal (LHR); or(2) operate a laser hair removal facility.(b) This chapter does not apply to the manufacture of LHR devices.(c) Except for consulting physicians and alternate consulting physicians, this chapter does not apply to a physician or to a physician's employee or delegate acting under Texas Occupations Code, Chapter 157.(d) A certification issued under this chapter only authorizes a person to perform nonablative cosmetic LHR. The certification does not authorize the person to diagnose, treat, or offer to treat any client for any illness, disease, injury, defect or deformity of the human body.(e) This chapter applies only to LHR devices used for nonablative hair removal.(f) A person who receives, possesses, uses, owns, or acquires an LHR device and who does not hold an LHR facility license is subject to the requirements of this chapter, including any requirement applicable to a person who does hold an LHR facility license.(g) A health professional licensed under another law is not required to hold a certificate issued under this chapter to perform laser hair removal if the performance of laser hair removal is within the scope of that professional's practice as determined by the professional's licensing board.", "sourceNote": "Source Note: The provisions of this §118.2 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226090", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§118.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226091", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Health and Safety Code, Chapter 401, Subchapter M.(2) Adverse event--Any death or serious injury to a client or employee of an LHR facility that is a result of use, misuse, or failure of an LHR device or LHR safety equipment.(3) Advertising--All representations disseminated in any manner or by any means for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of laser hair removal services.(4) Alternate consulting physician--A physician, licensed in Texas, designated by an LHR facility to be available for emergency consultation with the facility if the consulting physician is unavailable and as appropriate to the circumstances.(5) Certifying entity--A non-governmental organization approved by the department that administers an examination for obtaining the LHR Professional certification and meets the requirements of §118.50. (6) Commission--The Texas Commission of Licensing and Regulation.(7) Consulting physician--A physician, licensed in Texas, who has a written contract with a LHR facility for the purpose of meeting the requirements under Section 401.519 of the Act.(8) Customer--An equivalent term for \"client\".(9) Delegate--The act of a consulting physician or alternate consulting physician to delegate any medical act that a reasonable and prudent consulting physician or alternate consulting physician would find within the scope of sound medical judgement to delegate. The act must be performed by properly trained persons, as specified in Texas Occupations Code, Chapter 157.(10) Department--The Texas Department of Licensing and Regulation.(11) Direct supervision--Direct observation by an individual who is physically present in the LHR facility and available to provide immediate assistance if required.(12) Executive Director--The executive director of the department.(13) Individual LHR certification--A certification issued by the department to an individual who has met the requirements for individual LHR licensure. The term includes certifications issued by the department for a LHR apprentice-in-training, a LHR technician, a senior LHR technician, and a LHR professional.(14) Laser hair removal (LHR)--The use of a laser or pulsed light device for nonablative hair removal procedures. For purposes of this chapter, \"laser hair reduction\" is an equivalent term.(15) LHR facility--A business location that provides laser hair removal.(16) LHR facility license--A license issued by the department that allows a person to operate an LHR facility.(17) Laser hair removal procedure--The removal of hair from one of the four body areas as specified in §118.4.(18) Laser or pulsed light device--A device approved by the FDA for laser hair removal or reduction. For purposes of this chapter, \"LHR device\" is an equivalent term.(19) Licensed health professional--An individual licensed in accordance with Occupations Code, Title 3.(20) Nonablative hair removal procedure--A hair removal procedure using a LHR device that does not remove the epidermis.(21) Operate an LHR facility--To do any of the following:(A) own an LHR facility; or(B) perform or attempt to perform laser hair removal at an LHR facility as:(i) an agent of an owner of the LHR facility; or(ii) an independent contractor of the LHR facility:(22) Operator--A person who:(A) owns an LHR facility; or(B) performs or attempts to perform laser hair removal at an LHR facility as:(i) an agent of an owner of the LHR facility; or(ii) an independent contractor of the LHR facility.(23) Person--An individual or a legal entity.(24) Physician--An individual licensed to practice medicine in Texas. Only a Doctor of Medicine (MD) or Doctor of Osteopathic Medicine (DO) can serve as a consulting physician or alternate consulting physician.(25) Serious injury--An injury or illness that:(A) is life-threatening;(B) results in permanent impairment of a body function or permanent damage to a body structure; or(C) necessitates medical or surgical intervention to preclude permanent impairment of a body function or permanent damage to a body structure. Permanent means irreversible impairment or damage to a body structure or function, excluding trivial impairment or damage.(26) Supervision--The physical presence of a senior LHR technician or LHR professional at the LHR facility.(27) Training Program--A program, approved by the department, that offers the educational requirements for an \"apprentice-in-training\" for laser hair removal in accordance with Texas Health and Safety Code, Chapter 401, Subchapter M, and this chapter, and follows applicable state laws, including Texas Education Code, Chapter 132.", "sourceNote": "Source Note: The provisions of this §118.3 adopted\r\nto be effective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226091", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§118.4", "label": "Laser Hair Removal Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226092", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A laser hair removal procedure is the removal of hair from one of the following four body areas, conducted during the same or separate appointment by one person: (1) head and neck;(2) upper extremities, to include hands, arms (including armpits), and shoulders;(3) torso, to include front and back (including pelvic region and buttocks); or (4) lower extremities, to include legs and feet. (b) The following areas are considered one procedure, regardless of how many individual body parts are treated within that area:(1) forehead, glabella, cheeks, nose, upper lip, chin, sideburns, ears, front of neck, and back of neck;(2) hands, fingers, armpits, shoulders;(3) areolas, chest (man), abdomen, bikini or Brazilian, upper back lower back, buttocks, midline; and(4) knees, feet, toes.(c) The following areas may be split into right and left sides and count as more than one single procedure if done simultaneously. (1) Upper arms;(2) Lower arms;(3) Upper legs; and(4) Lower legs.", "sourceNote": "Source Note: The provisions of this §118.4 adopted\r\nto be effective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226092", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "B", "label": "LASER HAIR REMOVAL FACILITY" }, "rule": { "number": "§118.10", "label": "LHR Facility--License Requirements and Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226093", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A separate application must be submitted for each LHR facility license.(b) A separate LHR facility license is required for each LHR facility.(c) If a physician owns or operates a facility where only LHR procedures are performed, an LHR facility license is required.(d) An LHR facility license is not required for the following:(1) a facility owned or operated by a physician for the practice of medicine;(2) a licensed hospital; or(3) a clinic owned or operated by a licensed hospital.(e) To be eligible for an LHR facility license, an applicant must:(1) submit a completed application on a department-approved form;(2) designate an individual who holds an LHR professional certification who will supervise laser hair removal procedures performed at the facility;(3) designate the consulting physician and alternate consulting physician with whom the facility has a written contract that includes the following:(A) proper protocols for the services provided by the consulting physician at the facility as specified in §118.13;(B) a provision for the consulting physician to audit the LHR facility's protocols and operations in accordance with §118.14; (C) a commitment that the consulting physician will be available for emergency consultation with the LHR facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client; and(D) an alternate consulting physician who must be available for the consultation with the LHR facility relating to care for the client if the consulting physician is unavailable; and(4) submit the fee required under §118.70.(f) A person must not operate an LHR facility unless the person holds an LHR facility license issued by the department under this chapter, unless exempt as prescribed in §118.10(d).", "sourceNote": "Source Note: The provisions of this §118.10 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226093", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "B", "label": "LASER HAIR REMOVAL FACILITY" }, "rule": { "number": "§118.11", "label": "LHR Facility--License Term; Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226094", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An LHR facility license issued by the department is valid for two years.(b) Each applicant for renewal of an LHR facility license must:(1) complete an application on department approved forms; and(2) submit the renewal fee(s) specified under §118.70. (c) If an LHR facility does not submit an application for renewal of the LHR facility license, the LHR facility must on or before the expiration date of the LHR facility license:(1) end use of all LHR devices; and(2) submit to the department a record of the disposition of the LHR devices, and if transferred, to whom the devices were transferred, as specified in §118.12(f).(d) Expiration of the LHR facility license does not relieve the LHR facility owner or operator of the requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §118.11 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226094", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "B", "label": "LASER HAIR REMOVAL FACILITY" }, "rule": { "number": "§118.12", "label": "LHR Facility--Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226095", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An LHR device used for laser hair removal in a LHR facility must follow all applicable federal and state laws and regulations.(b) An LHR facility must notify the department within 30 days after any change to the following:(1) business name of the LHR facility;(2) physical location of the LHR facility;(3) street address where LHR devices will be used;(4) LHR professional designated for the facility; or(5) consulting physician or alternate consulting physician for the facility.(c) The LHR facility must follow the adverse reporting requirements for device user facilities in Title 21, CFR, Part 803 - Medical Device Reporting. Copies of all reports of adverse events submitted in accordance with Title 21, CFR, Part 803 must be submitted to the department within 24 hours of their initial submission to the manufacturer, FDA or both as determined by the consulting physician in accordance with §118.13.(d) If an LHR facility loses the services of the consulting physician, the facility may use the alternate consulting physician designated in the contract in accordance with §118.10, and the LHR facility must contract with a new consulting physician within 30 calendar days. If an LHR facility loses the services of both consulting physicians, the LHR facility must immediately cease LHR procedures until the LHR facility establishes a new contractual relationship with a consulting physician and alternate consulting physician. All new contracts must be sent to the department within 30 days.(e) Each LHR facility must conduct and maintain a physical inventory of all LHR devices in its possession at an interval not to exceed one year. Records of the inventories must be made and maintained in accordance with §118.60, and must include:(1) LHR device manufacturer's name;(2) model and serial number of the LHR device;(3) specific location of the LHR device (for example, room number);(4) name, title, and signature of the person performing the inventory; and(5) date the inventory was performed.(f) Each LHR facility must maintain records of receipt, transfer, and disposal for each LHR device in accordance with §118.60. The records must include the following information:(1) LHR manufacturer's name;(2) model and serial number of the LHR device;(3) date of the receipt, transfer, or disposal;(4) name and address of person LHR devices were received from, transferred to, or disposed of with; and(5) name of the individual recording the information.(g) An operator is responsible for maintaining the LHR facility's compliance with the requirements of the Act and this chapter.(h) An operator must not claim, advertise, or distribute promotional materials claiming that laser hair removal is free from risk or provides any medical benefit.(i) An operator must not produce false or misleading advertising regarding the services offered at the facility.(j) When an LHR facility ends all activities requiring an LHR facility license, the LHR facility must immediately submit to the department:(1) a written request for termination of the LHR facility license; and(2) a record of the disposition of the LHR devices, and if transferred, to whom the devices were transferred, as specified in §118.12(f).(k) A warning sign must be posted in a conspicuous location that is readily visible to a person entering the LHR facility. The warning sign must meet the following requirements:(1) be of a size with dimensions at least 8 and 1/2 inches by 11 inches;(2) contain wording with a font size no smaller than size 26;(3) contain at least the following wording:(A) Laser hair removal devices emit electromagnetic radiation that is considered to be an acute hazard to the skin and eyes from direct and scattered radiation. Laser hair removal procedures provide no medical benefit and may result in adverse effects.(B) To make a complaint, contact the Texas Department of Licensing and Regulation, Laser Hair Removal Program at P.O. Box 12157, Austin, Texas 78711, (512) 539-5600, or www.tdlr.texas.gov.(l) The LHR controlled area must be conspicuously posted with signs or labels as prescribed by applicable federal and state laws and regulations.(m) An LHR facility license is not transferrable.(n) Except as provided by subsection (o), an LHR facility must have an LHR professional present to provide supervision of the LHR procedures performed at the facility during the facility's operating hours.(o) If an LHR facility loses the services of the LHR professional, or the LHR professional is continuously absent for up to 44 calendar days, the LHR facility must not continue to offer LHR services unless the LHR facility has a senior LHR technician present to perform or directly supervise each procedure. By the 45th day after the date the LHR professional leaves or is continuously absent from the facility:(1) the facility's senior LHR technician must become certified as an LHR professional in accordance with this chapter; or(2) the facility must hire a new LHR professional.", "sourceNote": "Source Note: The provisions of this §118.12 adopted\r\nto be effective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226095", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "B", "label": "LASER HAIR REMOVAL FACILITY" }, "rule": { "number": "§118.13", "label": "LHR Facility--Consulting Physician" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226096", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A LHR facility must have a written contract with a consulting physician. The LHR facility's contract with its consulting physician must provide the following:(1) The consulting physician must be available for emergency consultation with the facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client. This responsibility may be met through telemedicine in accordance with Texas Occupations Code, Chapter 111;(2) If the consulting physician is unavailable for an emergency consultation, the alternate consulting physician must be available for the consultation with the facility relating to care for the client;(3) The consulting physician and alternate consulting physician must have a non-residential primary practice site located within 75 miles of the LHR facility; and(4) The consulting physician must be responsible for reviewing all adverse events, serious injuries, and for determining whether such events are reportable in accordance with applicable laws.(b) The protocols required in accordance with §118.10 are:(1) written instructions agreed upon and signed and dated by the consulting physician and the LHR facility operator;(2) maintained at the LHR facility; and(3) reviewed and signed by the consulting physician and LHR operator at least annually.(c) The protocols required in accordance with §118.10, must include at least the following:(1) the level of licensure which is required for each LHR procedure;(2) the circumstances or conditions under which each procedure is to be performed;(3) specific instructions to be followed for individual LHR certification who are working under direct supervision or who are giving direct supervision;(4) conditions under which emergency consultation is required;(5) designated settings, in accordance with the manufacturer's instructions, at which the LHR device can be expected to safely remove hair; and(6) list of medications taken by the client that must be reported to the consulting physician before LHR services are provided or that, if taken by the client, preclude a LHR procedure from being performed.(d) The requirements in this section do not relieve a consulting physician or another health care professional from complying with applicable regulations prescribed by a state or federal agency.", "sourceNote": "Source Note: The provisions of this §118.13 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226096", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "B", "label": "LASER HAIR REMOVAL FACILITY" }, "rule": { "number": "§118.14", "label": "LHR Facility--Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226097", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The LHR facility must ensure that operations are being conducted in accordance with the protocols established by the contract specified in §118.10. The consulting physician must conduct audits of the LHR facility to verify compliance with the protocol. (b) The audits must be unannounced, must be conducted at the physical site of the LHR facility, and must be conducted at least quarterly.(c) The audits may be scheduled in advance if the consulting physician determines that advance notice does not compromise the ability to determine that operations are being conducted in accordance with established protocols.(d) The audits may be conducted by the consulting physician, another alternate consulting physician or an advanced practice nurse or physician's assistant acting under the consulting physician's delegated authority.(e) If the audit is conducted by an advanced practice nurse or physician's assistant, the consulting physician must sign the audit.(f) The consulting physician must make records of audits conducted under the terms of the contract and maintain those records in accordance with the requirements of this chapter. The consulting physician audit records must be maintained in accordance with this chapter.(g) The record of the audit must include at least the following:(1) date audit was performed;(2) name of the LHR facility audited;(3) assessment of the LHR facility's performance of the protocols established by the written contract; and(4) signature of the consulting physician, the LHR facility operator, and any other alternate consulting physician or advanced practice nurse or physician's assistant acting under the consulting physician's delegated authority to conduct the audit.", "sourceNote": "Source Note: The provisions of this §118.14 adopted\r\nto be effective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226097", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "C", "label": "LASER HAIR REMOVAL INDIVIDUAL CERTIFICATION" }, "rule": { "number": "§118.20", "label": "LHR Individual Certification--Requirements and Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226098", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for an individual LHR certification must:(1) submit a completed application on a department-approved form;(2) submit the applicable fee specified under §118.70; and(3) pass a criminal history background check.(b) An individual must not perform or attempt to perform laser hair removal unless the person holds the appropriate individual LHR certification issued by the department under this chapter, unless exempt as prescribed by §118.2(g).", "sourceNote": "Source Note: The provisions of this §118.20 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226098", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "C", "label": "LASER HAIR REMOVAL INDIVIDUAL CERTIFICATION" }, "rule": { "number": "§118.21", "label": "LHR Individual Certification--Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226099", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual LHR certification issued in accordance with this chapter is subject to the applicable provisions of the Act and to the applicable rules and orders of the department.(b) An individual LHR certification issued or granted under this chapter is not transferrable.(c) Each certificant must display the LHR certification issued in accordance with this chapter in an open public area of the LHR facility. Copies of an individual's certification document may be made for display in multiple facilities.(d) Upon request, each certificant must present to the department or the department's representative any certificate issued by the department or the department's representative.", "sourceNote": "Source Note: The provisions of this §118.21 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226099", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "C", "label": "LASER HAIR REMOVAL INDIVIDUAL CERTIFICATION" }, "rule": { "number": "§118.22", "label": "Certification Term; Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226100", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual LHR certification issued by the department is valid for two years.(b) Each applicant for renewal of an individual LHR certification must:(1) complete an application on department approved forms; and(2) submit the renewal fee(s) specified under §118.70. (c) Each applicant for renewal of an individual LHR certification must also successfully pass a criminal history background check.(d) Expiration of an individual LHR certification does not relieve the certificate holder of the requirements of this section.(e) Renewals for LHR professionals must provide proof of current certification.", "sourceNote": "Source Note: The provisions of this §118.22 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226100", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "C", "label": "LASER HAIR REMOVAL INDIVIDUAL CERTIFICATION" }, "rule": { "number": "§118.25", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements. Each individual who holds an individual LHR certification issued by the department must obtain eight hours of continuing education (CE) hours per certification term to include the following LHR related topics:(1) refresher training in the topics specified in §118.26; (2) LHR technology updates;(3) applicable regulatory changes; and(4) other health and safety related topics.(b) Web-Based Training. The continuing education hours required by this section may be obtained by web-based online training.", "sourceNote": "Source Note: The provisions of this §118.25 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226101", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "C", "label": "LASER HAIR REMOVAL INDIVIDUAL CERTIFICATION" }, "rule": { "number": "§118.26", "label": "LHR Individual Certification--Apprentice-in-Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226102", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) LHR Apprentice-In-Training Certification Requirements. An applicant for an LHR apprentice-in-training certification must:(1) be at least 18 years of age.(2) have at least 24 hours of training in:(A) LHR device safety;(B) laser physics;(C) skin typing;(D) skin reactions;(E) treatment protocols;(F) burns;(G) eye protection;(H) emergencies; and(I) post-treatment protocols.(3) have an additional 16 hours of training in:(A) cardio-pulmonary resuscitation (a valid cardio-pulmonary resuscitation certificate may be used to satisfy up to eight hours of the training required by this subparagraph);(B) review of client's pre-existing conditions to determine if consultation with a consulting physician is needed for possible diagnosis or treatment;(C) review of client's previous LHR procedures by another modality;(D) review of client's current medications to determine if any medications need to be brought to the attention of the consulting physician based on established protocols;(E) proper signage and posting;(F) use of an LHR device; and(G) anesthesia used in conjunction with LHR procedures.(b) LHR Apprentice-In-Training Certification Submission Requirement. An applicant for an LHR apprentice-in-training certification must submit proof of successful completion of a training program approved by the department covering the topics listed in §118.26(a)(2). An individual must not perform LHR procedures unless under the direct supervision of a senior LHR technician or an LHR professional.", "sourceNote": "Source Note: The provisions of this §118.26 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226102", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "C", "label": "LASER HAIR REMOVAL INDIVIDUAL CERTIFICATION" }, "rule": { "number": "§118.27", "label": "LHR Individual Certification--Technician" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226103", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) LHR Technician Certification Requirements. An applicant for an LHR technician certification must meet the following requirements: (1) hold a current LHR apprentice-in-training certification in accordance with this chapter; and(2) have performed at least 100 LHR procedures under the direct supervision of a senior LHR technician or an LHR professional in the 12 months prior to the application submission date.(b) Supervisor requirements. A physician or other licensed health professional must not perform the direct supervision activities of an LHR professional or senior LHR technician in accordance with this section unless that individual meets the requirements of §118.28 and §118.29.", "sourceNote": "Source Note: The provisions of this §118.27 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226103", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "C", "label": "LASER HAIR REMOVAL INDIVIDUAL CERTIFICATION" }, "rule": { "number": "§118.28", "label": "LHR Individual Certification--Senior LHR Technician" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226104", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Senior LHR Technician Certification Requirements. An applicant for a senior LHR technician certificate must meet the following requirements: (1) hold a current LHR technician certification in accordance with this chapter; and(2) have directly supervised at least 100 LHR procedures verified by an LHR professional in the 12 months prior to the application submission date.(b) Verification requirements. A physician or other licensed health professional must not verify the LHR procedures directly supervised by an applicant for a senior LHR technician certificate in accordance with this section unless that individual meets the requirements for a LHR professional specified in §118.29.", "sourceNote": "Source Note: The provisions of this §118.28 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "C", "label": "LASER HAIR REMOVAL INDIVIDUAL CERTIFICATION" }, "rule": { "number": "§118.29", "label": "LHR Individual Certification--LHR Professional" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226105", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) LHR Professional Certification Requirements. An applicant for an LHR professional certification must meet the following requirements:(1) hold a current senior LHR technician certification in accordance with this chapter; (2) be certified by a certifying entity approved by the department pursuant to §118.40; and(3) pass a department approved examination pursuant to §118.40.(b) LHR Professional Responsibilities. The duties of an LHR professional include, but are not limited to:(1) ensuring that users of LHR devices are trained in laser safety;(2) assuming control and having the authority to institute corrective actions, including shutdown of operations when necessary, in emergency situations or if unsafe conditions exist;(3) ensuring that maintenance and other practices required for safe operation of the LHR devices are performed;(4) ensuring the proper use of protective eyewear and other safety measures;(5) ensuring compliance with the requirements in this section and with protocols specified by the LHR facility;(6) ensuring audits required in accordance with this chapter are conducted;(7) maintaining records as required by this chapter; and(8) ensuring that personnel are adequately trained, certified, and are in compliance with this chapter, the conditions of the LHR facility license, and the protocols of the LHR facility.(c) Supervisor requirements. An LHR professional must ensure that there was direct supervision of the 100 LHR procedures performed by a LHR technician under §118.27 while obtaining the requirements of a senior LHR technician under §118.28.", "sourceNote": "Source Note: The provisions of this §118.29 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226105", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "D", "label": "APPRENTICE TRAINING PROGRAMS" }, "rule": { "number": "§118.30", "label": "Apprentice Training Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226106", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Training program requirements. Training required by this chapter must be obtained from a department-approved training program.(b) Training program application. Training programs must follow all education requirements set out in this chapter.(1) Training programs must apply on a department approved application for approval.(2) An application submitted to the department for approval must include the following:(A) Course syllabus, including topics covered and time allotted for each topic;(B) Qualifications of instructors;(C) Verification that exam(s) are administered to assess the student's knowledge of material presented;(D) The criteria for successful completion of the course; and(E) A copy of the certification that will be issued upon successful completion of the training program that includes the following information:(i) Name of the training program;(ii) A heading or title of training on the certificate that states \"Laser Hair Removal 40 Hour Training\";(iii) A statement that the training was completed in accordance with Texas Health and Safety Code, Chapter 401, Subchapter M, and the rules under 16 Texas Administrative Code, Chapter 118;(iv) The date the training was completed; and(v) Verification that the training program is in compliance with applicable state laws, including Texas Education Code, Chapter 132.(c) Individual Eligibility. An individual should determine his or her eligibility to participate in an educational program to obtain an LHR individual certification, as prescribed by Texas Occupations Code §53.152.", "sourceNote": "Source Note: The provisions of this §118.30 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226106", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR CERTIFYING ENTITIES AND EXAMINATIONS" }, "rule": { "number": "§118.40", "label": "Requirements for Certifying Entities and Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226107", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A certifying entity must meet the following requirements: (1) apply on a department approved application for approval and follow all education requirements set out in this chapter;(2) be a non-governmental organization such as a society, association, business, or school with an interest in the field of laser hair removal or whose members participate in or have an interest in the field of laser hair removal;(3) if a society or association, not restrict its membership due to race, color, religion, age, national origin or disability and also make its memberships available to the general public nationwide;(4) if a society or association, have a certification program open to nonmembers as well as members;(5) be an incorporated nationally recognized entity in good standing involved in setting national standards of practice within its fields of expertise;(6) have an adequate staff, a viable system for financing its operations, and a policy- and decision- making review board;(7) have a set of written organizational by-laws and policies that provide adequate assurance of lack of conflict of interest and include a system for monitoring and enforcing these by-laws and policies;(8) have a committee whose members carry out their responsibilities impartially to review and approve their certification guidelines and procedures and advise the organization's staff in implementing the certification program;(9) have a committee whose members carry out their responsibilities to impartially review complaints against certified individuals and then determine appropriate sanctions;(10) have written procedures describing all aspects of its certification program including its administration, and maintain records of the current status of an individual's certification;(11) have procedures to ensure certified individuals are provided due process with respect to the administration of a certification program, including the certification process and the imposition of any sanctions against certified individuals;(12) have procedures for proctoring examinations, including qualifications for proctors. These procedures must ensure that the individuals proctoring each examination are not employed by the same company or corporation (or a wholly-owned subsidiary of such company or corporation) as any of the examinees;(13) exchange information about certified individuals with the agency and other certifying entities and allow periodic review of its certification program and related records by the agency; and(14) provide a description to the agency of its procedures for choosing examination sites and for providing an appropriate examination environment.(b) To be approved by the department, a certification program must meet the following requirements:(1) require applicants for certification to: (A) receive training in the topics specified in §118.26(a); and (B) satisfactorily complete a written examination covering these topics;(2) require applicants for certification to provide documentation that demonstrates that the applicant has:(A) received training in the topics specified in §118.26(a); and(B) satisfactorily completed a minimum period of LHR apprentice-in-training certification requirements;(3) include procedures to ensure that all examination questions are protected from disclosure, as prescribed by 16 Texas Administrative Code §60.54;(4) include procedures for denying an application and revoking, suspending, and reinstating a certificate;(5) include procedures for notifying each applicant of current guidelines to determine eligibility in the educational program, as prescribed by Texas Occupations Code §53.152;(6) provide a certification period of at least three years, but not more than five years;(7) include procedures for renewing certifications and, if the procedures allow renewals without examination, require evidence of recent full-time employment and continuing education hours as required by this chapter;(8) provide a timely response to inquiries from members of the public about an individual's certification status; and(9) issue a certificate of completion that includes:(A) the issue date;(B) the expiration date; and(C) a statement that the certification program was completed in accordance with Texas Health and Safety Code, Chapter 401, Subchapter M, and the rules under 16 Texas Administrative Code, Chapter 118.(c) An examination administered or used by a certifying entity must be designed to test an individual's knowledge and understanding of at least the topics specified in §118.26(a).", "sourceNote": "Source Note: The provisions of this §118.40 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226107", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "F", "label": "LASER HAIR REMOVAL DEVICES" }, "rule": { "number": "§118.50", "label": "LHR Devices--General and Operating Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An LHR device used in an LHR facility must follow all applicable federal and state laws and regulations.(b) An LHR device used by an LHR facility must be purchased either by a physician (such as the consulting physician or alternate consulting physician) or by an LHR facility pursuant to a written prescription or other order of a licensed physician in Texas.(c) A prescription or other order from a licensed physician for the purchase of an LHR device must include at a minimum:(1) the date the physician issued the order;(2) the name and quantity of the LHR device(s) authorized to be purchased;(3) the name, address, and telephone number of the registered LHR facility authorized to purchase and own the laser;(4) the intended use of the device is limited to nonablative laser hair removal;(5) the name, address, and telephone number of the physician at the physician's usual place of business, legibly printed or stamped;(6) a statement that the prescription is valid up to 12 months from the date of issue; and(7) the signature of the authorizing physician.(d) An LHR device must not be used for LHR procedures unless:(1) the LHR device is approved for laser hair removal or reduction by the FDA for that purpose; and (2) the LHR device is operated only at the settings expected to safely remove hair, in accordance with the manufacturer's instructions and protocols established by the consulting physician in accordance with this chapter and other applicable law regulating devices.(e) Individuals operating each laser presently being used or listed on the current inventory, must be provided with written instructions for safe use, including clear warnings and precautions to be taken when using the LHR device.(f) Each individual receiving the instructions must document that they have read and understand the instructions. The instructions and the documentation that each individual has read and understands the instructions must be maintained in accordance with §118.60. (g) A controlled area must be established within a room in which LHR devices are used and the LHR devices must be secure from unauthorized removal.(h) Each LHR device must incorporate a key-actuated or computer-actuated master control. The key must be removable and the LHR device must not be operable when the key is removed. When the LHR device is not being prepared for operation or is unattended, the controlled area must be secured to prevent unauthorized access.(i) Protective eyewear must be worn by all individuals using an LHR device and all individuals present, including clients, in the room where an LHR device is being used. Protective eyewear devices must meet the following requirements:(1) provide a comfortable and appropriate fit all around the area of the eye;(2) be in proper condition to ensure the optical filter(s) and frame provide the required optical density or greater at the desired wavelengths, and retain all protective properties during its use;(3) be suitable for the specific wavelength of the laser and be of optical density adequate for the energy involved;(4) have the optical density or densities and associated wavelength(s) permanently labeled on the filters or eyewear; and(5) be examined, at intervals not to exceed 12 months, to ensure the reliability of the protective filters and integrity of the protective filter frames. Unreliable eyewear must be discarded. Documentation of the examination must be made and maintained in accordance with §118.60.(j) Each client must be provided with a written statement outlining the relevant risks associated with LHR procedures, including a warning that failure to use the eye protection provided to the client by the LHR facility may result in damage to the eyes.(k) Compliance with the written statement requirement specified in subsection (j), does not affect the liability of the LHR facility operator or a manufacturer of a LHR device.(l) Each LHR facility licensed by the department to offer LHR procedures using LHR devices in accordance with this chapter must confine use and possession of the LHR devices to the location and purpose authorized in the LHR facility application. If an LHR facility operator owns multiple LHR facilities, the operator may transfer an LHR device from facility to facility that the operator owns if each facility is licensed.(m) An individual must not operate an LHR device with the intent to treat an illness, disease, injury, or physical defect or deformity unless the individual is:(1) a physician;(2) acting under a physician's order; or(3) authorized under other law to treat the illness, disease, injury, or physical defect or deformity in that manner.(n) A person who violates subsection (m), is practicing medicine in violation of Occupations Code, Title 3, Subtitle B, and is subject to the penalties under that subtitle and under Health and Safety Code §401.522.(o) An LHR facility must not be used for living or sleeping purposes, or any other purpose that would tend to make the premises unsanitary, unsafe, or endanger the health and safety of the public. A facility that is attached to a residence must have an entrance that is separate and distinct from the residential entrance. Any door between a residence and a licensed facility must be closed during business hours.", "sourceNote": "Source Note: The provisions of this §118.50 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "F", "label": "LASER HAIR REMOVAL DEVICES" }, "rule": { "number": "§118.51", "label": "LHR Devices--Stolen, Lost, or Missing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226109", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each LHR facility licensed by the department must report to the Department of State Health Services - Radiation Control Program a stolen, lost, or missing LHR device within 24 hours after its occurrence becomes known to the person.(b) Each person or facility required to make a report must, within 30 days after making the initial report, make a written report to the Department of State Health Services - Rational Control Program that includes the following information:(1) a description of the LHR device involved, including the manufacturer, model, serial number, and class;(2) a description of the circumstances under which the loss or theft occurred;(3) a statement of disposition, or probable disposition, of the LHR device involved;(4) actions that has been taken, or will be taken, to recover the LHR device; and(5) procedures or measures that has been taken to prevent the loss or theft of LHR devices in the future.(c) After filing the written report, the person must also report additional substantive information on the loss or theft within 30 days after the person learns of such information.", "sourceNote": "Source Note: The provisions of this §118.51 adopted to be\r\neffective October 1, 2025, ** TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226109", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "G", "label": "RECORDS REQUIREMENTS" }, "rule": { "number": "§118.60", "label": "Records Retention Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226110", "queryAsDate": "03/11/2026" }, "ruleBody": "All records required by this chapter must be properly maintained, and made available upon department request, in accordance with the following time requirements for record keeping:(1) Retain for Three Years:(A) Audits;(i) Records of each audit must be maintained.(ii) The records must include, but not be limited to, the following:(I) name of the LHR professional;(II) name(s) of the individual(s) being audited; and(III) date of the procedure;(B) Inventory; (C) Instruction to Individuals;(D) Protective Eyewear Examination; and(E) LHR Procedures Performed;(i) Records of each LHR procedure must be maintained.(ii) Each record must include, but not be limited to, the following:(I) client identification;(II) date of the LHR procedure;(III) indication that the client was given the notification; (IV) name of the individual performing the LHR procedure;(V) type of individual LHR certification possessed by the individual performing the LHR procedure;(VI) name of the senior LHR technician or LHR professional providing direct supervision, if applicable; and(VII) manufacturer, model number, and serial number of the LHR device and the settings used to perform the procedure.(2) Retain until termination or expiration of LHR facility license: receipts, transfers, and disposals under §118.12.", "sourceNote": "Source Note: The provisions of this §118.60 adopted\r\nto be effective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226110", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "G", "label": "RECORDS REQUIREMENTS" }, "rule": { "number": "§118.61", "label": "Disclosures and Confidentiality Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by subsection (b), no person may disclose a client record required to be kept by the department or another authorized agency.(b) A person may disclose a client record if:(1) the client or a person authorized to act on behalf of the client requests the record;(2) the department, the Texas Medical Board, a health authority, or an authorized agency requests the record;(3) the client consents in writing to disclosure of the record to another person;(4) the client is a victim, witness, or defendant in a criminal proceeding and the record is relevant to that proceeding;(5) the record is requested in a criminal or civil proceeding by court order or subpoena; or(6) disclosure is otherwise required by law.", "sourceNote": "Source Note: The provisions of this §118.61 adopted\r\nto be effective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226111", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "H", "label": "FEES" }, "rule": { "number": "§118.70", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226112", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are non-refundable.(b) The two-year initial licensing fee for a LHR facility license is $900.(c) The two-year renewal fee for an LHR facility license is $750.(d) The two-year initial licensure fees and two-year renewal fees for individual LHR certifications are as follows:(1) LHR professional--$150;(2) Senior LHR technician--$100;(3) LHR technician--$70; and(4) LHR apprentice-in-training--$50.(e) A duplicate/replacement fee for a license or certification issued under this chapter is $25.(f) Late renewal fees for licenses and certifications issued under this chapter are provided under §60.83.(g) A dishonored payment fee is the fee prescribed under §60.82.(h) The fee for a criminal history evaluation letter is the fee prescribed under §60.42.", "sourceNote": "Source Note: The provisions of this §118.70 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "I", "label": "ENFORCEMENT" }, "rule": { "number": "§118.80", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226113", "queryAsDate": "03/11/2026" }, "ruleBody": "If an individual or entity violates any provision of Texas Occupations Code, Chapter 51; Texas Health and Safety Code, Chapter 401, Subchapter M; this chapter; or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both, in accordance with the provisions of Texas Occupations Code, Chapter 51; Texas Health and Safety Code, Chapter 401, Subchapter M; and any associated rules.", "sourceNote": "Source Note: The provisions of this §118.80 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226113", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "118", "label": "LASER HAIR REMOVAL" }, "subchapter": { "number": "I", "label": "ENFORCEMENT" }, "rule": { "number": "§118.81", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185651", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapter 51; Texas Health and Safety Code, Chapter 401, Subchapter M; and any associated rules may be used to enforce Texas Health and Safety Code, Chapter 401, Subchapter M and this chapter.", "sourceNote": "Source Note: The provisions of this §118.81 adopted to be\r\neffective October 1, 2025, 50 TexReg 6315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185651", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185652", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of the Texas Occupations Code, Chapters 51 and 1953.", "sourceNote": "Source Note: The provisions of this §119.1 adopted to be effective September 15, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185652", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185659", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Occupations Code, Chapter 1953, concerning the registration of sanitarians.(2) Advanced mathematics--A mathematics course equivalent to or beyond calculus that was taken at an accredited college or university.(3) Advisory Committee--The Registered Sanitarian Advisory Committee.(4) Applicant--A person who applies for registration under the Act.(5) Applied science--The application of general principles from environmental science, agricultural science, public health, epidemiology, food science, medical science, and sanitary engineering to solve problems.(6) Basic science--Science such as anatomy, bacteriology, biochemistry, biology, chemistry, geology, microbiology, pathology, physiology, and physics.(7) Consumer health--The application of scientific knowledge to recognize, evaluate, and control hazards associated with the distribution of contaminated, adulterated, unsafe, and misbranded foods, drugs, medical devices, cosmetics, toys, or consumer products.(8) Continuing education hour--Fifty minutes of continuing education training or experience, applicable to consumer health, environmental health or sanitation, and pre-approved by the department or its designee.(9) Commission--The Texas Commission of Licensing and Regulation.(10) Department--The Texas Department of Licensing and Regulation.(11) Environmental health or sanitation--The application of scientific knowledge to recognize, evaluate, and control environmental hazards and to preserve and improve environmental factors for the achievement of the health, safety, comfort, and well-being of humans, to include disaster preparedness and response to suspected or known acts of bioterrorism.(12) Executive Director--The executive director of the Texas Department of Licensing and Regulation.(13) Experience--Two years of full-time experience in the fields of consumer health, environmental health, or sanitation.(14) Full-time experience--Employment, self-employment, or independent contracting for thirty-two hours or more per week in the practice of consumer health, environmental health, or sanitation.(15) Natural science--Branches of science such as physics, chemistry, and biology that deal with matter, energy, and their interrelations and transformations, or with objectively measurable phenomena.(16) Registered sanitarian--A department-registered public health professional qualified by specific education, specialized training, and field experience to protect the health, safety, and general welfare of the public from adverse environmental determinants.(17) Registrant--A person registered under the Act.(18) Sanitarian in training--A person registered in accordance with §119.21(b).", "sourceNote": "Source Note: The provisions of this §119.2 adopted to be effective September 15, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185659", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.3", "label": "Scope of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219402", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter implements Occupations Code, Chapter 1953, which requires the Texas Commission of Licensing and Regulation to adopt rules to implement a program for the registration of sanitarians.(b) These sections apply to persons whose duties in consumer health require the application of scientific knowledge to recognize, evaluate, and control hazards associated with the distribution of contaminated, adulterated, unsafe and misbranded foods, drugs, medical devices, and cosmetics and to persons whose duties in environmental health or sanitation require the application of scientific knowledge to recognize, evaluate, and control environmental hazards and to preserve and improve environmental factors for the achievement of the health, safety, comfort, and well-being of humans.", "sourceNote": "Source Note: The provisions of this §119.3 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219402", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.10", "label": "Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185653", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may establish an advisory committee to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. The name of the advisory committee shall be the Registered Sanitarian Advisory Committee.(b) The advisory committee shall be composed of nine members appointed by the presiding officer of the commission. The composition of the committee shall include:(1) five registered sanitarians;(2) one professional engineer, or one on-site sewage facility (OSSF) professional who is not and has never been registered as a sanitarian in Texas;(3) two consumers, one of which must be a member of an industry or occupation which is regulated either by a city or county environmental health unit or department or equivalent, or by the Department of State Health Services; and(4) one person involved in education in the field of public, consumer, or environmental health sciences.", "sourceNote": "Source Note: The provisions of this §119.10 adopted to be effective September 15, 2017, 42 TexReg 4643; amended to be effective July 1, 2024, 49 TexReg 4587." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185653", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.11", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185654", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall, with the approval of the commission, designate a member of the advisory committee as the presiding officer of the committee to serve for a term of two years.(b) The presiding officer of the advisory committee shall preside at all committee meetings at which he or she is in attendance. The presiding officer of the advisory committee may vote on any matter before the committee.", "sourceNote": "Source Note: The provisions of this §119.11 adopted to be effective September 15, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185654", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.12", "label": "Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185655", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory committee shall provide advice and recommendations to the department on technical matters relevant to the administration of the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §119.12 adopted to be effective September 15, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185655", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.13", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185657", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory committee shall serve staggered six-year terms so that the terms of three members will expire on February 1 of each odd-numbered year.(b) Members shall serve after expiration of their term until a replacement is appointed.(c) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.(d) A member of the advisory committee may be removed from the committee pursuant to Texas Occupations Code §51.209.", "sourceNote": "Source Note: The provisions of this §119.13 adopted to be effective September 15, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185657", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.14", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185658", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory committee shall meet at the call of the presiding officer of the commission or the executive director.(b) A quorum of the advisory committee is necessary to conduct official business.(c) Committee action shall require a majority vote of those members present and voting.", "sourceNote": "Source Note: The provisions of this §119.14 adopted to be effective September 15, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185658", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.15", "label": "Reimbursement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185660", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An advisory committee member serves without compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing duties as a committee member, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.(b) Expense reimbursements to advisory committee members:(1) are limited to authorized expenses incurred while traveling to and from committee meetings; and(2) must be limited to those allowed by the State of Texas Travel Allowance Guide, the department's policies governing employee travel allowances, and the General Appropriations Act.(c) Expenses may be reimbursed to advisory committee members only when the legislature has specifically appropriated money for that purpose, and only to the extent of the appropriation.", "sourceNote": "Source Note: The provisions of this §119.15 adopted to be effective September 15, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185660", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.20", "label": "Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185661", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant for registration must submit all required information on department-approved forms and provide:(1) an official transcript from an accredited college or university showing graduation with a bachelor's degree that included 30 semester hours or its equivalent in a basic or applied science;(2) proof of certification by the National Environmental Health Association (NEHA) as a Registered Environmental Health Specialist/Registered Sanitarian (if certified); and(3) the required fee.", "sourceNote": "Source Note: The provisions of this §119.20 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185661", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.21", "label": "Registration Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185662", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for registration as a sanitarian, an applicant must:(1) possess a bachelor's degree from an accredited college or university including at least thirty (30) semester hours or its equivalent in a basic or applied science;(2) possess at least two years of full-time experience in the fields of consumer health, environmental health, or sanitation. Regularly assigned duties must have included consumer health, environmental health, or sanitation. The applicant need not have had the title \"sanitarian\" or \"sanitarian in training\". The duties may include the following:(A) regulatory inspections or evaluations of retail food establishments; retail grocery stores; food warehousing facilities; food manufacturing facilities; food service at special events; mobile food service vehicles and facilities; producer dairy farms; dairy product manufacturing facilities; frozen dessert manufacturing facilities; on-site sewage facilities; asbestos abatement processes; mass gathering events; industrial pretreatment processes (sewage); municipal sewage facilities and wastewater plants; public and semi-public swimming pools; child care facilities; long term care facilities; hospitals; correctional facilities; public and private schools; youth camps; and recreational areas for children; radiation hazards, including lasers and microwaves; and private and public water systems;(B) site evaluation and design of on-site sewage system facilities as specified in Texas Commission on Environmental Quality rules;(C) Hazard Analysis and Critical Control Point (HACCP) systems or processes;(D) investigation of food borne illnesses; water borne illnesses; vector borne illnesses; zoonotic illnesses; food product contamination or adulteration; the environmental conditions surrounding reported elevated blood lead in children and adults; consumer, governmental agency or industry complaints; and animal bites;(E) performance of vector control activities related to mosquitoes, flies and rodents; environmental assessments; code enforcement activities; and food handler or certified food service manager training;(F) first responder to hazardous material spills and incidents; and natural and man-made disasters; or(G) regulatory review of plans and specifications for food establishments; plans and specifications for public, semi-public and private swimming pools; and plans and specifications for on-site sewage systems facilities;(3) pass the registration examination;(4) submit the completed department-approved application;(5) submit the required fees; and(6) successfully pass a criminal history background check performed by the department.(b) To be eligible for registration as a sanitarian in training, an applicant must:(1) possess a bachelor's degree from an accredited college or university including at least thirty (30) semester hours or its equivalent in a basic or applied science;(2) pass the registration examination;(3) submit the completed department-approved application;(4) submit the required fees; and(5) successfully pass a criminal history background check performed by the department.(c) A registered sanitarian in training who has obtained the necessary experience to qualify as a sanitarian may file an application to upgrade a registration to that of sanitarian. Upon payment of the required upgrade fee and approval by the department, the applicant shall be granted registration as a sanitarian.", "sourceNote": "Source Note: The provisions of this §119.21 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185662", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.23", "label": "Educational Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185663", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Courses acceptable to meet the initial educational requirements for examination as a sanitarian or sanitarian in training include the following:(1) air pollution;(2) anatomy;(3) animal science;(4) bacteriology;(5) biochemistry;(6) biology;(7) biomedical science;(8) biophysics;(9) biostatistics;(10) botany;(11) cell physiology;(12) chemical engineering;(13) chemistry;(14) community health;(15) computer science;(16) dairy science;(17) ecology;(18) embryology;(19) entomology;(20) environmental health;(21) environmental science;(22) environmental diseases;(23) environmental law;(24) epidemiology;(25) food bacteriology;(26) food science;(27) food technology;(28) genetics;(29) geophysics;(30) geology;(31) hazardous waste;(32) histology;(33) hydrogeology;(34) hydrology;(35) industrial hygiene;(36) infectious diseases;(37) limnology;(38) mathematics;(39) courses taken in an accredited allopathic or osteopathic school of medicine;(40) meteorology;(41) microbiology;(42) molecular biology;(43) occupational health;(44) occupational safety;(45) parasitology;(46) pathology;(47) physics;(48) physiology;(49) plant taxonomy;(50) public health;(51) public health education;(52) public health law;(53) radiological health;(54) sanitary engineering;(55) soil science;(56) statistics;(57) toxicology;(58) vector control;(59) veterinary medical courses;(60) veterinary public health;(61) virology;(62) wastewater treatment;(63) water quality; or(64) zoology.(b) The courses may be offered by any academic department so long as the course is acceptable.(c) No more than six semester hours or its equivalent will be acceptable for courses in:(1) biophysics;(2) computer science;(3) embryology;(4) mathematics beyond algebra;(5) accredited allopathic or osteopathic courses;(6) meteorology;(7) physics;(8) public health education;(9) statistics; and(10) veterinary medical courses.(d) Courses considered not acceptable are:(1) anthropology;(2) archaeology;(3) astronomy;(4) education;(5) geography;(6) government;(7) history;(8) kinesiology;(9) languages;(10) physical education;(11) psychology; and(12) sociology.(e) Courses not listed may be submitted for consideration for acceptance by the department.", "sourceNote": "Source Note: The provisions of this §119.23 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185663", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.24", "label": "Examination for Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185664", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall review all applications prior to the examination. An applicant who meets the education and experience requirements shall be approved to take the examination.(b) An applicant meeting the requirements for qualifications for registration as a sanitarian or a sanitarian in training who is not currently certified by the National Environmental Health Association (NEHA) as a Registered Environmental Health Specialist/Registered Sanitarian (REHS/RS) shall be approved to take the exam.(c) The examination shall consist of a written examination prescribed by the department under the supervision of a person or agency designated by the department.(d) The examination may be administered and graded by:(1) the department or the department's designee; or(2) the National Environmental Health Association (NEHA) or designee as a part of the certification process for the REHS/RS.(e) The department or its designee shall notify each applicant of the results of the examination within thirty (30) days of the date of the examination.(f) A person taking an examination must comply with the department's examination requirements under Chapter 60, Subchapter E of this title.", "sourceNote": "Source Note: The provisions of this §119.24 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185664", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.26", "label": "Registration Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185665", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registration issued under this chapter expires two years from the date of issuance.(b) To renew a registration, an applicant must:(1) submit a completed department-approved renewal application;(2) complete the continuing education requirement in §119.27;(3) submit the required fees; and(4) successfully pass a criminal history background check performed by the department.(c) A registrant must renew the registration every two years, as determined by the department. A sanitarian in training may only renew the registration once, for a total of four years.(d) Each registrant is responsible for renewing the registration before the expiration date and shall not be excused from paying the renewal fee. Failure to receive notification from the department prior to the expiration date of the registration will not excuse the sanitarian from renewing.(e) Registration Expiration. A person whose registration has expired may not claim to be a sanitarian or sanitarian in training or use the titles \"sanitarian\" or \"sanitarian in training\".", "sourceNote": "Source Note: The provisions of this §119.26 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185665", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.27", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185666", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registered sanitarian must obtain and show proof of 24 continuing education hours related to the field of consumer health, environmental health, or sanitation taken within the 24 months preceding renewal for a registration issued for a two-year term.(b) Only the following continuing education activities shall serve as a basis for registration renewal:(1) approved by the department or its designee in accordance with this section; or(2) approved by another professional regulatory agency in Texas as acceptable continuing education for registration renewal.(c) Acceptable continuing education must be provided by one of the following types of sponsors:(1) a governmental agency;(2) an accredited college or university;(3) an association with a membership of 25 or more persons; or(4) a pre-approved commercial education business.(d) Government agencies, non-profit organizations, and accredited colleges and universities are pre-approved as sponsors for continuing education when the activity is conducted or sponsored in compliance with these rules and is directly related to environmental health, consumer health, or sanitation.(e) Continuing education activities conducted by approved sponsors must meet the following criteria:(1) the activity must have significant educational or practical content to maintain appropriate levels of competency;(2) the activity must have a record keeping procedure provided by the sponsor which includes a register of who took the course and the number of continuing education hours earned;(3) the sponsor must include procedures for verifying participant attendance as well as comprehension of subject matter presented. These procedures may include, but are not limited to, examinations, post-activity questionnaires, field demonstrations, in-class workbooks or handout materials, and/or question and answer periods to assure participant understanding of the subject matter;(4) the activity must be at least 50 minutes in length of actual instruction time. No credit will be given for time used to promote the sponsor or other non-relevant activities; and(5) the sponsor must ensure the activity complies with all applicable federal and state laws, including the Americans with Disabilities Act (ADA) requirements for access to activities.(f) Acceptable continuing education activities in consumer health, environmental health, or sanitation include the following:(1) conferences;(2) home-study training modules (including professional journals requiring successful completion of a test document);(3) lectures;(4) panel discussions;(5) seminars;(6) accredited college or university courses;(7) video or film presentations with live instruction;(8) field demonstrations;(9) teleconferences;(10) online training; or(11) other activities approved by the department.(g) Sponsors must ensure that all continuing education instructors have one of the following credentials or hold one of the following positions:(1) certification as a registered sanitarian by the department;(2) instructor at the Texas Engineering Extension Service;(3) faculty member at an accredited college or university;(4) employee of the department or the Department of State Health Services; or(5) teaching or work experience determined by the sponsor to be sufficient.(h) To obtain department approval to provide approved continuing education, the sponsor must submit:(1) a completed application on department forms;(2) the fee prescribed in §119.80; and(3) any additional information or material requested by the department.(i) Each approved continuing education sponsor shall be approved for one year from the date of approval. Sponsors who wish to continue approval should submit a sponsor approval form and prescribed fee.(j) Sponsors of approved continuing education activities shall:(1) at the conclusion of the activity, distribute to those registered sanitarians who have successfully completed the activity a certificate of completion which shall include the name of the sponsor, the date and name of the activity, and the continuing education hours earned; and(2) maintain a copy of the register for five years and provide it to the department upon request.(k) Each registered sanitarian shall collect and keep certificates of completion from all courses completed. These certificates of completion will be used to document a registered sanitarian's attendance at approved courses. Transcripts showing coursework in environmental or consumer health from an accredited college or university, or written verification of hours approved by the National Environmental Health Association (NEHA) will also be accepted. The department will conduct random audits for compliance with this requirement.", "sourceNote": "Source Note: The provisions of this §119.27 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185666", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.70", "label": "Standards of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185667", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registrant shall not use advertising that is false, misleading, or deceptive, or advertising that is not readily subject to verification, including advertising that:(1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;(2) makes a customer or client likely to create an unjustified expectation about the results of a service or procedure;(3) compares a professional's service with another professional's services unless the comparison can be factually substantiated;(4) causes confusion or misunderstanding as to the credentials, education, or registration of a professional; or(5) advertises or represents in the use of a professional name, title, or professional identification that is expressly or commonly reserved to or used by another profession or professional.(b) A registrant shall notify each client of the name, mailing address, website, and telephone number of the department for the purpose of directing complaints to the department by providing notification:(1) on each written contract for services of a registrant;(2) on a sign prominently displayed in the primary place of business of each registrant; or(3) in a bill for services provided by a registrant to a client or third party.", "sourceNote": "Source Note: The provisions of this §119.70 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185667", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185668", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees submitted to the department are nonrefundable.(b) The schedule of fees is as follows:(1) Initial fee for application and registration:(A) sanitarian in training--$120;(B) registered sanitarian--$130.(2) Registration renewal fee:(A) sanitarian in training--$100;(B) registered sanitarian--$110.(3) Fee to upgrade from a sanitarian in training to a sanitarian--$25.(4) A duplicate/replacement fee for registration certificate--$25.(5) Continuing education sponsor approval fee--$100 per sponsor. Pre-approved providers are exempt from this fee.(6) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).(7) A dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).(8) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).", "sourceNote": "Source Note: The provisions of this §119.80 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185668", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.90", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185669", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or entity violates any provision of the Texas Occupations Code, Chapters 51 or 1953, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 51 and 1953 and any associated rules.", "sourceNote": "Source Note: The provisions of this §119.90 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185669", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "119", "label": "SANITARIANS" }, "rule": { "number": "§119.95", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177160", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1953 and any associated rules may be used to enforce Texas Occupations Code, Chapters 51, 1953, and this chapter.", "sourceNote": "Source Note: The provisions of this §119.95 adopted to be effective November 1, 2017, 42 TexReg 4643." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177160", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177161", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapters 51 and 403.", "sourceNote": "Source Note: The provisions of this §120.1 adopted to be effective April 15, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177161", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177167", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Occupations Code, Chapter 403.(2) Advertising--The solicitation for business utilizing the titles \"licensed dyslexia therapist\" or \"licensed dyslexia practitioner.\"(3) Applicant--A person who applies for a license to use the title \"licensed dyslexia therapist\" or \"licensed dyslexia practitioner.\"(4) Client--A person who is receiving dyslexia services from a license holder.(5) Commission--The Texas Commission of Licensing and Regulation.(6) Committee--The Dyslexia Therapists and Practitioners Advisory Committee.(7) Department--The Texas Department of Licensing and Regulation.(8) Executive director--The executive director of the department.(9) License--A license issued under the Act authorizing a person to use the title \"licensed dyslexia therapist\" or \"licensed dyslexia practitioner.\"(10) License holder--A person who has been granted a license to use the title \"licensed dyslexia therapist\" or \"licensed dyslexia practitioner\" in accordance with the Act.", "sourceNote": "Source Note: The provisions of this §120.10 adopted to be effective April 15, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177167", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.20", "label": "Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205116", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, applicants for a license must submit all required information on department-approved forms.(b) Applicants must submit the following, as applicable for the license type for which the applicant is applying:(1) a completed application on a department-approved form;(2) official transcript(s) of all relevant college work or educational programs demonstrating successful completion and degrees earned as applicable to the requirements under the Act and §120.21 and §120.22;(3) documentation of successful completion of applicable examination requirements under the Act and this chapter, including copies of certificates issued by the Academic Language Therapy Association;(4) the form providing information regarding other state licenses, certificates or registrations that an applicant holds or held, if applicable; and(5) the fee required under §120.80.(c) The applicant must successfully pass a criminal history background check.(d) Licenses are valid for two years from the date of issuance.", "sourceNote": "Source Note: The provisions of this §120.20 adopted to be effective October 1, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.21", "label": "Dyslexia Therapist Licensing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205117", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who holds current certification as an academic language therapist issued by the Academic Language Therapy Association or its equivalent as approved by the department, may be licensed as a dyslexia therapist if the person has earned at least a master's degree from an accredited public or private institution of higher education.(b) A person who qualifies for licensure under subsection (a) is not required to provide documentation to the department that the person meets the requirements of Occupations Code §403.105, Eligibility for Licensed Dyslexia Therapist License.(c) A licensed dyslexia therapist may practice in a school, learning center, clinic, or private practice setting.", "sourceNote": "Source Note: The provisions of this §120.21 adopted to be effective October 1, 2016, 41 TexReg 2476; amended to be effective June 1, 2021, 46 TexReg 3385." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205117", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.22", "label": "Dyslexia Practitioner Licensing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205118", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who holds current certification as an academic language practitioner issued by the Academic Language Therapy Association or its equivalent, as approved by the department, may be licensed as a dyslexia practitioner if the person has earned a bachelor's degree from an accredited public or private institution of higher education.(b) A person who qualifies for licensure under subsection (a) is not required to provide documentation to the department that the person meets the requirements of Occupations Code §403.104, Eligibility for Licensed Dyslexia Practitioner License.(c) A licensed dyslexia practitioner may practice only in an educational setting, including a school, learning center, or clinic.", "sourceNote": "Source Note: The provisions of this §120.22 adopted to be effective October 1, 2016, 41 TexReg 2476; amended to be effective June 1, 2021, 46 TexReg 3385." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205118", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.23", "label": "Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177173", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The examination designated and approved by the department for licensure as a dyslexia therapist is the therapist level examination administered by the Academic Language Therapy Association.(b) The examination designated and approved by the department for licensure as a dyslexia practitioner is the practitioner level examination administered by the Academic Language Therapy Association.(c) The applicable licensure examination requirement is waived for a person who holds current certification as an academic language therapist or academic language practitioner issued by the Academic Language Therapy Association, or its equivalent, as approved by the department.", "sourceNote": "Source Note: The provisions of this §120.23 adopted to be effective October 1, 2016, 41 TexReg 2476; amended to be effective June 1, 2021, 46 TexReg 3385." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177173", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.24", "label": "Requirements for Training Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205119", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of determining whether an applicant satisfies the training requirements for a license under the Act, a multisensory structured language education training program completed by the applicant must meet the requirements in Occupations Code, §403.106 and must have provided instruction based on the Texas Education Agency publication \"The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders\" (2014) or a revised version of that publication approved by the department.(b) Training programs accredited by the International Multisensory Structured Language Education Council (IMSLEC), meet the requirements of the Act.", "sourceNote": "Source Note: The provisions of this §120.24 adopted to be effective October 1, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205119", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200553", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder must complete 20 clock-hours of continuing education during each two-year licensure period.(b) Continuing education credit taken by a license holder for renewal shall be acceptable if the experience falls in one or more of the following categories and meets the requirements of subsection (c):(1) academic courses at a regionally accredited college or university;(2) in-service educational programs, training programs, institutes, seminars, workshops and conferences, including courses and programs provided by education service centers;(3) instructing or presenting education programs or activities at an academic course, in-service educational programs, training programs, institutes, seminars, workshops and conferences not to exceed five clock-hours each continuing education period;(4) publishing a book or an article in a peer review journal not to exceed five clock-hours each continuing education period; or(5) successful completion of a self-study program, not to exceed ten clock-hours each continuing education period.(c) Continuing education credit taken by a license holder, shall be in one or more of the following content areas:(1) basic language and/or learning disorders;(2) applied multisensory practice and methodology;(3) curricula in academic language therapy;(4) related research in medicine, psychology, education, or linguistics; or(5) professional practice, including relevant laws, rules, and ethics of practice.(d) Continuing education experience shall be credited as follows:(1) Completion of course work at or through an accredited college or university, shall be credited for each semester hour on the basis of ten clock-hours of credit for each semester hour successfully completed for credit or audit as evidenced by a certificate of successful completion or official transcript.(2) Parts of programs that meet the criteria of subsection (b)(2) or (3) shall be credited on a one-for-one basis with one clock-hour of credit for each clock-hour spent in the continuing education experience.(3) A clock-hour shall be 50 minutes of attendance and participation in an acceptable continuing education experience.(4) Continuing education programs, as described in subsection (b)(2) and (3), must be offered or approved by the Academic Language Therapy Association or its equivalent, as approved by the department.(5) Successful completion of continuing education experience, as described in subsection (b)(2) and (3), is evidenced by a certificate of completion or attendance issued by the approved sponsoring organization of the course.(6) Successful completion of continuing education experience, as described in subsection (b)(4), is evidenced by submission of a copy of the publication.(7) Successful completion of continuing education experience, described in subsection (b)(5), is evidenced by a certificate of completion presented by the sponsoring organization of the self-study program.(e) The department shall employ an audit system for continuing education reporting. The license holder shall be responsible for maintaining a record of his or her continuing education experiences. The certificates, diplomas, or other documentation verifying earning of continuing education hours, are not to be forwarded to the department at the time of renewal unless the license holder has been selected for audit.(f) The audit process shall be as follows.(1) The department shall select for audit, a random sample of license holders for each renewal month. License holders will be notified of the continuing education audit when they receive their renewal documentation.(2) All license holders selected for audit shall submit copies of certificates, transcripts or other documentation satisfactory to the department, verifying the license holder's attendance, participation and completion of the continuing education. All documentation must be provided at the time of renewal.(3) Failure to timely furnish this information or providing false information during the audit process or the renewal process are grounds for disciplinary action against the license holder.(4) A license holder who is selected for continuing education audit may renew through the online renewal process. However, the license will not be considered renewed until the required continuing education documents are received, accepted and approved by the department.(g) Licenses will not be renewed until continuing education requirements have been met.(h) A person who fails to complete continuing education requirements for renewal may not renew the license. The person may obtain a new license by complying with the current requirements and procedures for obtaining a license.(i) The department may not grant continuing education credit to any license holder for:(1) education incidental to the regular professional activities of a license holder, such as learning occurring from experience or research;(2) professional organization activity, such as serving on committees or councils or as an officer;(3) any continuing education activity completed before or after the period of time described in subsection (a); or(4) performance of duties that are routine job duties or requirements.(j) The human trafficking prevention training course required for license renewal under §120.26(b) may be accepted for up to one hour of continuing education credit.", "sourceNote": "Source Note: The provisions of this §120.25 adopted to be effective October 1, 2016, 41 TexReg 2476; amended to be effective June 1, 2021, 46 TexReg 3385." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200553", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.26", "label": "Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219462", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a license, a license holder must:(1) submit a complete renewal application on a department-approved form;(2) successfully pass a criminal history background check;(3) complete 20 hours of continuing education required under §120.25;(4) comply with the continuing education audit process described under §120.25, as applicable; and(5) submit the fee required under §120.80.(b) For each license renewal on or after September 1, 2020, the licensed dyslexia therapist and the licensed dyslexia practitioner must complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(c) Each license holder is responsible for renewing the license before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification prior to the expiration date of the license, shall not excuse failure to apply for renewal or late renewal.(d) A person whose license has expired may late renew the license in accordance with §60.31 (relating to License Renewal Applications) and §60.83 (relating to Late Renewal Fees) of this title.(e) A person whose license has expired may not use the title or represent or imply that he or she has the title of \"licensed dyslexia therapist\" or \"licensed dyslexia practitioner\" and may not use any facsimile of those titles in any manner.", "sourceNote": "Source Note: The provisions of this §120.26 adopted to be effective October 1, 2016, 41 TexReg 2476; amended to be effective August 1, 2020, 45 TexReg 5191." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219462", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.65", "label": "Dyslexia Therapists and Practitioners Advisory Committee; Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177163", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Dyslexia Therapists and Practitioners Advisory Committee shall be appointed under and governed by the Act and this section. The committee is established under the authority of Occupations Code §403.051.(b) The purpose of the committee is to provide advice to the department regarding the administration of the Act.(c) The committee shall be composed of five members appointed by the presiding officer of the commission with the approval of the commission. The composition of the committee shall include:(1) two dyslexia therapists licensed under the Act;(2) one dyslexia practitioner licensed under the Act; and(3) two consumer or public members, one of whom must be a person with dyslexia or the parent of a person with dyslexia.", "sourceNote": "Source Note: The provisions of this §120.65 adopted to be effective April 15, 2016, 41 TexReg 2476; amended to be effective July 1, 2024, 49 TexReg 4773." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177163", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.66", "label": "Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177164", "queryAsDate": "03/11/2026" }, "ruleBody": "The committee shall advise the department regarding rules relating to the licensure and regulation of dyslexia therapists and dyslexia practitioners, including continuing education requirements and the approved examination for licensure.", "sourceNote": "Source Note: The provisions of this §120.66 adopted to be effective April 15, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177164", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.67", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177165", "queryAsDate": "03/11/2026" }, "ruleBody": "The term of office of each member shall be six years. Members shall serve after expiration of their term until a replacement is appointed.(1) Members shall be appointed for staggered terms so that the terms of a substantially equivalent number of members will expire on December 31st of each odd-numbered year.(2) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.(3) A member of the advisory committee may be removed from the advisory committee pursuant to Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member.", "sourceNote": "Source Note: The provisions of this §120.67 adopted to be effective April 15, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177165", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.68", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall designate a member of the advisory committee as the presiding officer of the advisory committee to serve for a term of one year.(b) The presiding officer of the advisory committee shall preside at all committee meetings at which he or she is in attendance. The presiding officer of the advisory committee may vote on any matter before the advisory committee.", "sourceNote": "Source Note: The provisions of this §120.68 adopted to be effective April 15, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209307", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.69", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177176", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory committee shall meet at the call of the presiding officer of the commission or the executive director.(b) A quorum of the advisory committee is necessary to conduct official business. A quorum is three members.(c) Advisory committee action shall require a majority vote of those members present and voting.", "sourceNote": "Source Note: The provisions of this §120.69 adopted to be effective April 15, 2016, 41 TexReg 2476; amended to be effective July 1, 2022, 47 TexReg 3679." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177176", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.70", "label": "Responsibilities of License Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177177", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) License holders shall notify the department of changes in name or mailing address within thirty (30) days of such change(s).(b) Notification of address changes shall be made through the department's website, in writing, or by telephone. Notification of name changes shall be in writing and shall include the former and present name, license number, former and present mailing address, and a copy of the legal name change document, such as a marriage license, court order or divorce decree.", "sourceNote": "Source Note: The provisions of this §120.70 adopted to be effective October 1, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177177", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223392", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise specified, the fees established in this section must be paid to the department before a license will be issued or renewed.(b) All fees paid to the department are nonrefundable.(c) Licensing fees are as follows:(1) application and initial license--$150(2) renewal--$150(d) Late renewal fees for licenses issued under this chapter are prescribed under §60.83 of this title (relating to Late Renewal Fees).(e) The fee for a dishonored/returned check or payment is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).(f) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).", "sourceNote": "Source Note: The provisions of this §120.80 adopted to be effective October 1, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223392", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.90", "label": "Professional Standards and Basis for Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177169", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is authorized under Texas Occupations Code, Chapters 51 and 403.(1) If a person violates any provision of Texas Occupations Code, Chapters 51, 403, or any other applicable provision, this chapter, or a rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Texas Occupations Code and the associated rules.(2) The enforcement authority granted under Texas Occupations Code, Chapters 51 and 403, and any associated rules may be used to enforce the Texas Occupations Code and this chapter.(b) A license holder shall comply with the following requirements in the provision of professional services. All license holders shall:(1) only provide professional services that are within the scope of the license holder's competence, considering level of education, training, and experience.(2) ensure a safe therapy or teaching environment for clients.(3) not jeopardize a client's safety or well-being by abusive or inattentive behavior.(4) maintain objectivity in all matters concerning the welfare of the client.(5) terminate a professional relationship when it is reasonably clear that the client is not benefitting from the services being provided or when it is reasonably clear that the client no longer needs the services.(6) seek to identify competent, dependable referral sources for clients and shall refer when requested or appropriate.(7) provide accurate information to clients and the public about the nature and management of dyslexia and about the services rendered.(8) be knowledgeable of all available diagnostic data and other relevant information regarding each client.(9) not guarantee, directly or by implication, the results of any therapeutic or teaching services, except that a reasonable statement of prognosis may be made. A license holder shall not mislead clients to expect results that cannot be predicted from reliable evidence.(10) accurately represent and describe any product created or recommended by the license holder.(11) not require the exclusive use or purchase by a client of any product created or produced by the license holder.(12) not use his or her professional relationship with a client to promote any product for personal gain or profit, unless the license holder has disclosed to the client the nature of the license holder's personal gain or profit.(13) not misrepresent his or her education, training, credentials, or competence.(14) fully inform clients of the nature and possible outcomes of services rendered.(15) obtain written consent from a client or a minor client's parent or legal guardian in order to use the client's data or information for research or teaching activities.(16) not falsify records.(17) bill a client or third party only for the services actually rendered in the manner agreed to by the license holder and the client or the minor client's parent or legal guardian.(18) not provide professional services to a client who is receiving dyslexia services from another license holder, except with the prior knowledge and consent of the other license holder.(19) not reveal, without authorization, any professional or personal information about a client unless required by law or compelled by a court to do so, or unless doing so is necessary to protect the welfare of the client or of the community. If a license holder reveals professional or personal information about a client without authorization, the information disclosed, the person or entity to whom it was disclosed, and the justification for disclosure shall be documented by the license holder in the client's record.(20) provide, in plain language, a written explanation of the charges for professional services previously made on a bill or statement, upon the written request of a client or the minor client's parent or legal guardian.(21) not engage in the medical diagnosis or treatment of clients.(22) not engage in sexual contact, including intercourse or kissing, sexual exploitation, or therapeutic deception, with a client. Sexual contact and sexual intercourse mean the activities and behaviors described in Penal Code, §21.01. Sexual exploitation means a pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. Therapeutic deception means a representation by a license holder that sexual contact with, or sexual exploitation by, the license holder is consistent with, or part of, the professional services being provided to the client.(23) not use alcohol or drugs, not legally prescribed for the license holder, when the use adversely affects or could adversely affect the provision of professional services.(24) not offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for securing or soliciting clients or patronage.(25) comply with all provisions of the Act and this chapter, as well as any other state or federal law or rule that relates to the provision of professional services by, or the regulation of the license holder.(26) not obtain a license by means of fraud, misrepresentation, or concealment of a material fact.(27) not sell, barter, or offer to sell or barter a license.(28) inform the department of any violations of this chapter or the Act.(29) comply with any order issued by the department that relates to the license holder.(30) not interfere with a department investigation or disciplinary proceeding by misrepresentation or omission of facts to the department or by the use of threats or harassment against any person.(31) cooperate with the department by promptly furnishing required documents and by promptly responding to a request for information from the department.(32) provide professional services without discrimination based on race, color, national origin, religion, gender, age, or disability.(c) A license holder in private practice shall:(1) provide a client or a minor client's parent or legal guardian with a written agreement for services prior to the commencement of professional services.(A) The agreement shall contain, at a minimum, a description of the services to be provided, goals, techniques, materials, the cost for services, payment arrangements and policies, hours, cancellation and refund policies, contact information for both parties, and the dated signatures of both parties.(B) Any subsequent modifications to the agreement shall be signed and dated by both parties.(2) maintain legible and accurate records of professional services rendered. A license holder practicing in an educational setting, including a school, learning center, or clinic, shall comply with the recordkeeping requirements of the educational setting.(3) maintain records for a minimum of five years following the termination of services. A license holder practicing in an educational setting, including a school, learning center, or clinic, shall comply with the records retention requirements of the educational setting.(4) not delegate any service requiring professional competence to a person not competent to provide the service. A license holder in private practice is responsible for the services provided by unlicensed persons employed or contracted by the license holder.(5) notify each client or the minor client's parent or legal guardian of the department's name, website, email address, mailing address, and telephone number for the purpose of directing complaints to the department by providing notification on a sign prominently placed in the primary place of business or on a written document, such as an agreement or contract for services or an informational brochure provided by a license holder to a client or the minor client's parent or legal guardian.(6) display the license in the primary location of practice, but shall not display a license that has been photographically or otherwise reproduced.(d) Information used by a license holder in any advertisement or announcement shall not contain information that is false, inaccurate, misleading, incomplete, out of context, deceptive or not readily verifiable. Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, and billing statements. False, misleading, or deceptive advertising or advertising not readily subject to verification includes advertising that:(1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;(2) makes a representation likely to create an unjustified expectation about the results of a professional service;(3) compares a professional's services with another professional's services unless the comparison can be factually substantiated;(4) causes confusion or misunderstanding as to the credentials, education, or licensing of a professional;(5) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of client; or(6) represents in the use of a professional name, a title or professional identification that is expressly or commonly reserved to or used by another profession or professional, unless the license holder is licensed or otherwise authorized to use the title or professional identification.(e) Records are the responsibility and property of the entity or individual who owns the practice or the practice setting.", "sourceNote": "Source Note: The provisions of this §120.90 adopted to be effective October 1, 2016, 41 TexReg 2476; amended to be effective June 1, 2021, 46 TexReg 3385." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177169", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "120", "label": "LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS" }, "rule": { "number": "§120.95", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216841", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall list, with its business telephone number, a toll-free telephone number established to accept complaints relating to a health profession regulated by the department.(b) For purposes of this section, a health profession is a profession for which the enabling statute is located in Title 3, Occupations Code, or that is determined to be a health profession under other law.", "sourceNote": "Source Note: The provisions of this §120.95 adopted to be effective October 1, 2016, 41 TexReg 2476." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216841", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§121.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216842", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Texas Occupations Code, Chapters 51, 111, and 506.", "sourceNote": "Source Note: The provisions of this §121.1 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216842", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§121.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216855", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Occupations Code, Chapter 506.(2) Advertising--The offer to perform behavior analysis services by an individual or business, including utilizing the titles \"licensed behavior analyst\" or \"licensed assistant behavior analyst.\"(3) Advisory Board--The Behavior Analyst Advisory Board.(4) Applicant--A person who applies for a license to use the title \"licensed behavior analyst\" or \"licensed assistant behavior analyst\" or to practice behavior analysis.(5) Applied behavior analysis--The practice of applied behavior analysis is defined and described in the Act, §506.003.(6) Authorized representative--A person or entity that is legally authorized to represent the interests of a client and perform functions including making decisions about behavior analysis services.(7) Behavior Analyst Certification Board (BACB)--A certifying entity for persons practicing behavior analysis.(8) Client--A person who is:(A) an individual receiving behavior analysis services from a license holder;(B) an authorized representative of the individual receiving behavior analysis services; or(C) an individual, institution, school, school district, educational institution, agency, firm, corporation, organization, government or governmental subdivision, business trust, estate, trust, partnership, association, or any other legal entity not receiving behavior analysis services for its own treatment purposes.(9) Commission--The Texas Commission of Licensing and Regulation.(10) Department--The Texas Department of Licensing and Regulation.(11) Direct observation--A method of data collection that consists of observing the object of study in a particular situation or environment.(12) Executive director--The executive director of the department.(13) Indirect supervision--Supervision of a person who performs behavior analysis services but which does not occur when services are being provided to a client. This may include behavioral skills training and delivery of performance feedback; modeling technical, professional, and ethical behavior; guiding behavioral case conceptualization, problem-solving, and decision-making repertoires; review of written materials such as behavior programs, data sheets, or reports; oversight and evaluation of the effects of behavioral service delivery; and ongoing evaluation of the effects of supervision.(14) License--A license issued under the Act authorizing a person to use the title \"licensed behavior analyst\" or \"licensed assistant behavior analyst\" or to practice behavior analysis.(15) License holder--A person who has been issued a license in accordance with the Act to use the title \"licensed behavior analyst\" or \"licensed assistant behavior analyst\" or to practice behavior analysis.(16) Multiple relationship--A personal, professional, business, or other type of interaction by a license holder with a client or with a person or entity involved with the provision of behavior analysis services to a client that is not related to, or part of, the behavior analysis services.(17) Service agreement--A signed written contract for behavior analysis services. A service agreement includes responsibilities and obligations of all parties and the scope of behavior analysis services to be provided. A service agreement may be identified by other terms including treatment agreement, Memorandum of Understanding (MOU), or Individualized Education Program (IEP).(18) Supervision--Supervision of a person who performs behavior analysis services, and may include both direct and indirect supervision. A license holder may engage in direct supervision or indirect supervision in-person and on-site, through telehealth, or in another manner approved by the license holder's certifying entity.(19) Telehealth--See definitions in Subchapter E. Telehealth.(20) Treatment plan--A written behavior change program for an individual client. A treatment plan includes consent, objectives, procedures, documentation, regular review, and exit criteria. A treatment plan may be identified by other terms including Behavior Intervention Plan, Behavior Support Plan, Positive Behavior Support Plan, or Protocol.", "sourceNote": "Source Note: The provisions of this §121.10 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective August 1, 2020, 45 TexReg 5192; amended to be effective June 1, 2021, 46 TexReg 3389; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216855", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§121.20", "label": "Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216856", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise indicated, an applicant for a license must submit all required information in a manner specified by the department.(b) An applicant must submit the following:(1) a complete application;(2) the applicant's certification number by a behavior analyst certifying entity or other documentation of current certification by a behavior analyst certifying entity approved by the department; and(3) the fee required under §121.85.(c) Upon request, the department may require an applicant to submit additional information or documentation for evaluation of an applicant's qualifications, including the following:(1) official transcripts of all relevant college work or educational programs demonstrating successful completion and degrees earned as applicable to the requirements under the Act and §121.21 and §121.22;(2) experience in behavior analysis;(3) applicable training;(4) qualifications to provide supervision in behavior analysis to unlicensed persons or to behavior analysis license holders;(5) behavior analysis supervision experience provided or received;(6) certifications of individuals providing or receiving supervision;(7) supervision contracts or supervision agreements, or terms of employment;(8) documentation demonstrating passage of the Board Certified Behavior Analyst examination or the Board Certified Assistant Behavior Analyst examination, as applicable, or an equivalent examination in applied behavior analysis offered by the certifying entity;(9) information regarding other state licenses, certifications; or registrations that an applicant holds or held in behavior analysis or a related field;(10) information about pending or concluded disciplinary actions against the applicant by the certifying entity; or(11) any other documents or information including documents or information related to the applicant's certification, continuing education, employment, or criminal history.(d) The applicant must successfully pass a criminal history background check.(e) An applicant shall not submit to the department any examination-related materials or information, including examination questions, specifications, forms, or scoring sheets, except as provided in subsection (c)(8).(f) Materials submitted in the licensing process become the property of the department and are not returnable.(g) Licenses are valid for two years from the date of issuance.", "sourceNote": "Source Note: The provisions of this §121.20 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216856", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§121.21", "label": "Behavior Analyst Licensing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216857", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify for licensure as a behavior analyst, a person must:(1) hold current certification as a Board Certified Behavior Analyst or a Board Certified Behavior Analyst-Doctoral or equivalent, issued by the Behavior Analyst Certification Board or other certifying entity approved by the department;(2) be in compliance with all professional, ethical, and disciplinary standards established by the certifying entity; and(3) meet the educational requirements of the certifying entity for the Board Certified Behavior Analyst, the Board Certified Behavior Analyst-Doctoral, or an equivalent standard of the certifying entity approved by the department.(b) A person who is subject to or has received a disciplinary action by the certifying entity may be ineligible for a license.(c) A person who holds a current certification by the certifying entity but who does not hold a current license may not:(1) practice behavior analysis; or(2) use the title \"licensed behavior analyst.\"(d) A person who holds a current Texas license may use the title \"licensed behavior analyst\" or a reasonable abbreviation of the title that is accurate and not misleading, including \"LBA,\" \"L.B.A.,\" \"TXLBA,\" or \"TX. L.B.A.\"(e) Except as provided in Subchapter B, Texas Occupations Code Chapter 506, a person must be licensed under this chapter to provide behavior analysis services to a client in Texas.", "sourceNote": "Source Note: The provisions of this §121.21 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective August 1, 2020, 45 TexReg 5192; amended to be effective June 1, 2021, 46 TexReg 3389; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216857", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§121.22", "label": "Assistant Behavior Analyst Licensing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216858", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify for licensure as an assistant behavior analyst, a person must:(1) hold current certification as a Board Certified Assistant Behavior Analyst or equivalent, issued by the Behavior Analyst Certification Board or other certifying entity approved by the department;(2) be in compliance with all professional, ethical, and disciplinary standards established by the certifying entity;(3) be in compliance with the applicable supervision requirements of the certifying entity at all times when practicing behavior analysis; and(4) meet the educational requirements of the certifying entity for the Board Certified Assistant Behavior Analyst or an equivalent standard of the certifying entity approved by the department.(b) A person who is subject to or has received a disciplinary action by the certifying entity may be ineligible for a license.(c) A person who holds a current certification by the certifying entity but who does not hold a current license may not:(1) practice behavior analysis; or(2) use the title \"licensed assistant behavior analyst.\"(d) A person who holds a current Texas license may use the title \"licensed assistant behavior analyst\" or a reasonable abbreviation of the title that is accurate and not misleading, including \"LaBA,\" \"L.a.B.A.,\" \"TXLaBA,\" or \"TX. L.a.B.A.\" The letter \"a\" representing the word \"assistant\" may not be capitalized unless the abbreviation clearly represents the word \"assistant,\" including \"Lic. Asst. BA,\" \"TX L. Assist. B.A.\" or similar.(e) Except as provided in Subchapter B, Texas Occupations Code Chapter 506, a person must be licensed under this chapter to provide behavior analysis services to a client in Texas.", "sourceNote": "Source Note: The provisions of this §121.22 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective August 1, 2020, 45 TexReg 5192; amended to be effective June 1, 2021, 46 TexReg 3389; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216858", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§121.25", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216859", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant shall meet the continuing education requirements of the certifying entity, including the continuing education requirements for the Board Certified Behavior Analyst, Board Certified Behavior Analyst-Doctoral, or Board Certified Assistant Behavior Analyst, as applicable, to become qualified to apply for a behavior analysis license.(b) License holders shall comply with the continuing education requirements imposed by the certifying entity.(c) License holders shall verify completion of continuing education requirements upon request.(d) Licenses will be renewed only if continuing education requirements have been met.", "sourceNote": "Source Note: The provisions of this §121.25 adopted to be effective May 1, 2018, 43 TexReg 2570." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216859", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§121.26", "label": "Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216860", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A behavior analyst and assistant behavior analyst license is valid for two years from the date of issuance and may be renewed biennially.(b) A license holder is responsible for submitting all required documentation and information and paying the renewal application fee before the expiration date of the license.(c) To renew a license, a license holder must:(1) submit a completed renewal application in a manner prescribed by the department;(2) provide a current certification number from the BACB or evidence of certification by a certifying entity approved by the department;(3) successfully pass a criminal history background check; and(4) submit the fee required under §121.85.(d) The license holder must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(e) A person whose license has expired may not provide or offer to provide behavior analysis services or use the title or represent or imply that the person has the title of \"licensed behavior analyst\" or \"licensed assistant behavior analyst\" and may not use any variation of those titles.(f) A person whose certification is on inactive status with the certifying entity may renew a license that is on inactive status with the department if the person is in compliance with the requirements for inactive status with the certifying entity.(g) A person whose certification is on inactive status with the certifying entity may not renew a license that is on active status with the department.", "sourceNote": "Source Note: The provisions of this §121.26 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216860", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§121.27", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216861", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To change a license to inactive status, an applicant must submit a complete application in a manner prescribed by the department. No fee is required to change from active status to inactive status.(b) A person whose license is on inactive status may not:(1) practice applied behavior analysis;(2) engage in any activity for which a license is required;(3) participate in a supervision relationship with another license holder or unlicensed person; or(4) engage in any activity for which the person is required to be actively licensed for the interests of another person also engaged in that activity with the license holder.(c) A person whose license is on inactive status must comply with the certifying entity's requirements for the applicable certification during the time the license is on inactive status, or must become recertified before applying to change the license to active status.(d) A license on inactive status may be renewed in accordance with §121.26.(e) To change from an inactive license status to an active license status, a person must:(1) submit a complete application in a manner prescribed by the department;(2) pay the fee required under §121.85; and(3) successfully pass a criminal history background check.", "sourceNote": "Source Note: The provisions of this §121.27 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216861", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§121.30", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219463", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person's certification status by a certifying entity does not affect the applicability of the Act to that person's activities under §§506.051 - 506.059 of the Act.(b) A person who is no longer eligible for an exemption under §§506.051 - 506.059 of the Act must become certified by a certifying entity approved by the department and obtain a license under this chapter to continue to provide services.", "sourceNote": "Source Note: The provisions of this §121.30 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219463", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "C", "label": "BEHAVIOR ANALYST ADVISORY BOARD" }, "rule": { "number": "§121.65", "label": "Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216851", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Behavior Analyst Advisory Board shall be appointed under and governed by the Act and this subchapter. The advisory board is established under the authority of Occupations Code, §506.101.(b) The advisory board shall be composed of nine members appointed by the presiding officer of the commission with the approval of the commission. The composition of the advisory board shall include:(1) four licensed behavior analysts, at least one of whom must be certified as a Board Certified Behavior Analyst--Doctoral or hold an equivalent certification issued by the certifying entity;(2) one licensed assistant behavior analyst;(3) one physician who has experience providing mental health or behavioral health services; and(4) three members who represent the public and who are either former recipients of applied behavior analysis services or the parent or guardian of a current or former recipient of applied behavior analysis services.(c) To be qualified for appointment to the advisory board in the position of licensed behavior analyst, a person must have at least five years of experience as a licensed behavior analyst after being certified by the certifying entity.", "sourceNote": "Source Note: The provisions of this §121.65 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085; amended to be effective July 1, 2024, 49 TexReg 4774." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216851", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "C", "label": "BEHAVIOR ANALYST ADVISORY BOARD" }, "rule": { "number": "§121.66", "label": "Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216852", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §121.66 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216852", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "C", "label": "BEHAVIOR ANALYST ADVISORY BOARD" }, "rule": { "number": "§121.67", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216853", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The term of office of each member of the advisory board shall be six years. Members shall serve after expiration of their term until a replacement is appointed.(b) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member.(c) Grounds for removal include any action by the certifying entity that suspends or terminates the certification of the member; the expiration of the member's certification; the change of the certification from active to inactive status; or the voluntary surrender of certification by the member.", "sourceNote": "Source Note: The provisions of this §121.67 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216853", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "C", "label": "BEHAVIOR ANALYST ADVISORY BOARD" }, "rule": { "number": "§121.68", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216854", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The presiding officer of the commission shall designate a member of the advisory board as the presiding officer of the advisory board to serve for a term of one year.(b) The presiding officer of the advisory board shall preside at all advisory board meetings at which he or she is in attendance. The presiding officer of the advisory board may vote on any matter before the advisory board.", "sourceNote": "Source Note: The provisions of this §121.68 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216854", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "C", "label": "BEHAVIOR ANALYST ADVISORY BOARD" }, "rule": { "number": "§121.69", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216862", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A quorum of the advisory board is necessary to conduct official business. A quorum is five members.(b) Advisory board action shall require a majority vote of those members present and voting.", "sourceNote": "Source Note: The provisions of this §121.69 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective July 1, 2022, 47 TexReg 3680; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216862", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF LICENSE HOLDER" }, "rule": { "number": "§121.70", "label": "Administrative Practice Responsibilities of License Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216863", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licenses issued by the department remain the property of the department and shall be surrendered to the department on demand.(b) A license holder shall:(1) inform the department of any violations of this chapter or the Act;(2) promptly provide upon request any documents or information that satisfactorily demonstrates to the department the license holder's qualifications for certification by the certifying entity or for licensure by the department;(3) report, in accordance with §121.74, to the department any fact that may affect a license holder's qualifications to hold a certification or license;(4) truthfully respond in a manner that fully discloses all information in an honest, materially responsive and timely manner to a complaint filed with or by the department;(5) not interfere with a department investigation or disciplinary proceeding in any way, including by misrepresentation or omission of facts to the department or using threats or harassment against any person;(6) comply with any order issued by the commission or the executive director that relates to the license holder;(7) promptly provide upon request documents, including treatment plans or service agreements, to demonstrate compliance with the Act, this chapter, or an order of the commission;(8) comply with applicable professional and ethical standards and requirements including those of the license holder's certifying entity when creating a written agreement for services;(9) upon revision or amendment of a written agreement for services, obtain the signatures of all parties;(10) not delegate any services, functions, or responsibilities requiring professional competence to a person not competent or not properly credentialed. A license holder in private practice is responsible for the services provided by unlicensed persons employed or contracted by the license holder; and(11) use electronic methods to create, amend, or sign documents, and accept signatures of clients on documents related to the provision of behavior analysis services, only in accordance with applicable law.", "sourceNote": "Source Note: The provisions of this §121.70 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216863", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF LICENSE HOLDER" }, "rule": { "number": "§121.71", "label": "Professional Services Practice Responsibilities of License Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216864", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder shall:(1) enter into a service agreement with a client, as defined in §121.10, when behavior analysis services are to be provided;(A) A behavior analyst shall describe the services to be delivered in a service agreement that may include the following activities: consultation, assessment, training, treatment design, treatment implementation, and treatment evaluation.(B) A behavior analyst shall create a written treatment plan when the service agreement provides for delivering treatment to an individual.(C) A treatment plan is not required if a license holder will not deliver treatment to an individual.(2) include in the service agreement or otherwise document and disclose to a client, as appropriate:(A) the client's consent to treatment that is transitional or provisional or for which its effectiveness has not yet been established, or effectiveness has not yet been established for the method, manner, or mode of treatment for which consent is obtained;(B) conflicts of interest or multiple relationships that a license holder is aware of or becomes aware of, as defined in §121.10;(C) a description of how a conflict of interest or multiple relationship will be addressed if one is discovered or disclosed; (D) the acknowledgment of known conflicts of interest or multiple relationships and agreement to begin or to continue behavior analysis services despite them; and(E) a reasoned justification for beginning or continuing to provide behavior analysis services if conflicts of interest or multiple relationships are acknowledged;(3) re-evaluate treatment progress as needed and at least annually, and document the evaluation; and(4) comply with all applicable requirements of the license holder's certifying entity, including the BACB Ethics Code for Behavior Analysts , when entering into service agreements and providing behavior analysis services. (b) If any requirement of a license holder's certifying entity differs in stringency from a requirement of the Act or the commission rules, the more stringent provision shall apply.(c) If any requirement of a license holder's certifying entity conflicts with a requirement of the commission rules such that the license holder cannot reasonably comply with both requirements, the license holder shall comply with the requirement of the certifying entity.", "sourceNote": "Source Note: The provisions of this §121.71 adopted to be effective June 1, 2021, 46 TexReg 3389; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216864", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF LICENSE HOLDER" }, "rule": { "number": "§121.72", "label": "Display of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder shall display the current original license certificate issued by the department in the primary location of practice, if any, or in the license holder's business office.(b) In the absence of a primary location of practice or business office, or when the license holder is employed in multiple locations, the license holder shall carry a current license identification card issued by the department.(c) A license holder shall not:(1) display a photocopy or other reproduction of a license certificate or identification card; or(2) alter a license certificate or identification card.", "sourceNote": "Source Note: The provisions of this §121.72 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216865", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF LICENSE HOLDER" }, "rule": { "number": "§121.73", "label": "Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder shall maintain legible and accurate records of behavior analysis services rendered.(1) Records are the responsibility and property of the entity or individual who owns the practice or the practice setting.(2) A license holder shall comply with all laws, rules, and certifying entity requirements governing the maintenance of client records, including client confidentiality requirements, regardless of the state where the records of any client within this state are maintained.(3) Records created as a result of treatment in a school setting shall be maintained as part of the student's permanent school record.(b) A license holder practicing in an educational setting, school, learning center, or clinic shall comply with the recordkeeping requirements of the service setting or with the retention requirements of the certifying entity, if the latter are more stringent.(c) Records shall be maintained for a minimum of the longer of:(1) seven years following the termination of behavior analysis services;(2) seven years following the date on which a minor client reaches the age of 22; or(3) the retention period required by the certifying entity.", "sourceNote": "Source Note: The provisions of this §121.73 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216866", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF LICENSE HOLDER" }, "rule": { "number": "§121.74", "label": "Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder shall report the following in a manner prescribed by the department within ten days:(1) Surrender, voluntary termination, or expiration of the license holder's certification;(2) Commencement of inactive status of the license holder's certification;(3) Limitation on or termination of the license holder's certification;(4) Suspension, probation, reprimand, or any other discipline or revocation of the license holder's certification;(5) A violation by the license holder of the certifying entity's requirements, the Act, this chapter, or an order of the commission;(6) The license holder's placement on deferred adjudication or criminal conviction, other than a Class C misdemeanor traffic offense;(7) The settlement of or judgment rendered in a civil lawsuit filed against the license holder relating to the license holder's professional behavior analysis practice; or(8) An action against the license holder by a governmental agency or by a licensing or certification body.(b) A license holder shall report a change in name or contact information to the department within thirty days after the change in a manner prescribed by the department.", "sourceNote": "Source Note: The provisions of this §121.74 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES OF LICENSE HOLDER" }, "rule": { "number": "§121.75", "label": "Code of Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216872", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Individuals certified by the BACB are required to comply with the BACB Ethics Code for Behavior Analysts .(1) The department may consult the requirements of the certifying entity or the BACB Ethics Code for Behavior Analysts in the application and enforcement of the ethical standards included in this section.(2) The department will apply the requirements of this section consistent with the requirements, guidance, and interpretations of the certifying entity unless an alternate interpretation is reasonably necessary or required.(b) A license holder shall comply with the following ethical standards when providing behavior analysis services. A license holder shall:(1) comply with all provisions of the Act and this chapter, as well as any other state or federal law or rule that applies to the provision of behavior analysis services by, or the regulation of, a license holder.(2) provide behavior analysis services without discrimination based on race, color, national origin, religion, gender, age, or disability. (3) offer to perform or perform only behavior analysis services for which a license holder is qualified and that are within the scope of a license holder's certification, license, or competence, considering level of education, training, and experience.(4) accurately and truthfully represent the license holder's education, training, credentials, and competence.(5) fully and accurately inform clients of the nature and possible outcomes of services rendered.(6) be knowledgeable of all available information relevant to the behavior analysis services being provided to a client.(7) take reasonable measures to ensure a safe environment for clients.(8) maintain objectivity in all matters concerning the welfare of a client.(9) not guarantee, directly or by implication, the results of any behavior analysis services, except that a reasonable statement of prognosis may be made. A license holder shall not mislead clients to expect results that cannot be predicted from reliable evidence. (10) obtain written consent from a client in order to use a client's data or information for research or teaching activities. (11) reveal confidential or personal information about a client only with authorization unless:(A) required by law or compelled by a court to reveal the information;(B) required by the certifying entity to reveal the information; or(C) revealing the information is necessary to protect the welfare of a client or of the community.(12) document any confidential or personal information disclosed, the person or entity to whom it was disclosed, and the justification for disclosure in a client's record if a license holder reveals such information about a client without authorization.(13) if requested, provide an explanation of the charges for behavior analysis services previously made on a bill or statement in writing and in plain language.(14) if requested, accurately represent and describe any product created or recommended by a license holder that is used or will be used in providing behavior analysis services to a client.(15) not offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for securing or soliciting clients or patronage.(16) not overcharge a client or third party.(17) not over treat a client.(18) terminate a professional relationship when it is reasonably clear that a client is not benefitting from the services being provided or when it is reasonably clear that a client no longer needs the services.(19) seek to identify competent, dependable referral sources for clients and shall refer when requested or appropriate.(20) not sell, barter, or offer to sell or barter a license.(21) refrain from practicing behavior analysis if, due to illness or use of alcohol, drugs or medications, narcotics, chemicals or other substances, or from mental or physical conditions, a license holder is incapable of practicing with reasonable skill and safety to clients in the provision of behavior analysis services.(22) refrain from engaging in sexual contact, including intercourse or kissing, sexual exploitation, or therapeutic deception, with a client. Sexual contact and sexual intercourse mean the activities and behaviors described in Penal Code, §21.01. Sexual exploitation means a pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. Therapeutic deception means a representation by a license holder that sexual contact with, or sexual exploitation by, the license holder is consistent with, or part of, the behavior analysis services being provided to a client.(23) refrain from participating in inappropriate or exploitative multiple relationships. Inappropriate or exploitative multiple relationships are prohibited.(A) Inappropriate or exploitative relationships include, but are not limited to, relationships in which:(i) a license holder's objectivity is impaired or likely to be impaired;(ii) a license holder's ability to provide competent services is impaired or prevented;(iii) the relationship is or reasonably could be harmful to the well-being of a client, supervisee, employee, student, or other person involved in the provision of behavior analysis services with a license holder, including the person's emotional, psychological, physical, social, or financial well-being;(iv) the relationship creates or could create a conflict of interest among a license holder and a client or any person or entity involved in or connected with the provision of behavior analysis services to a client, unless the conflict of interest has been addressed in accordance with §121.71(a)(2); or(v) a license holder receives an advantage, benefit, or thing of value other than regular compensation for behavior analysis services provided.(B) Inappropriate or exploitative relationships may include unprofessional behavior such as: deception; trickery; undue pressure or influence, including giving or acceptance of gifts; intimidation; or threats; but need not be accompanied by such behaviors to be inappropriate or exploitative.(C) Multiple relationships, other than those related to the provision of behavior analysis services or that have been addressed in accordance with §121.71(a)(2), between a license holder and the following may be considered inappropriate or exploitative unless evidence demonstrates otherwise:(i) client;(ii) authorized representative of a client;(iii) spouse or significant other of a client;(iv) cohabitants of a client;(v) first-degree and second-degree relatives of a client; and(vi) persons with whom a client shares a close personal, business, or financial relationship.(D) Except as provided in §121.71(a)(2), multiple relationships are prohibited:(i) during the provision of behavior analysis services to a client;(ii) for a minimum of two years after behavior analysis services have ended;(iii) at all times after behavior analysis services have ended if behavior analysis services for the same client are reasonably expected to be requested from a license holder again; and(iv) indefinitely until there is reasonable certainty that the potential for harm to a client is unlikely.(c) Information used by a license holder in any advertisement or announcement shall not contain information that is false, inaccurate, misleading, incomplete, out of context, deceptive or not readily verifiable. Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, and billing statements. False, misleading, or deceptive advertising or advertising not readily subject to verification includes advertising that:(1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading; (2) makes a representation likely to create an unjustified expectation about the results of a professional service;(3) compares a professional's services with another professional's services unless the comparison can be factually substantiated; (4) causes confusion or misunderstanding as to the credentials, education, or licensing of a professional;(5) makes a representation that is designed to take advantage of the fears or emotions of a client; or(6) represents in the use of a professional name, a title or professional identification that is expressly or commonly reserved to or used by another profession or professional, unless a license holder is licensed or otherwise authorized to use the title or professional identification.", "sourceNote": "Source Note: The provisions of this §121.75 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective August 1, 2020, 45 TexReg 5192; amended to be effective June 1, 2021, 46 TexReg 3389; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216872", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "E", "label": "TELEHEALTH" }, "rule": { "number": "§121.76", "label": "Definitions Relating to Telehealth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216873", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the context clearly indicates otherwise, the following words and terms, when used in this subchapter, shall have the following meanings.(1) Client site--The physical location of the client at the time that telehealth services are being provided.(2) Facilitator--An individual physically present with a client who assists with the delivery of behavior analysis services through telehealth at the direction of a behavior analyst or assistant behavior analyst.(3) Provider--An individual who provides telehealth services and holds a current:(A) behavior analyst license under Texas Occupations Code §506.253 and §506.255; or(B) assistant behavior analyst license under Texas Occupations Code §§506.254 - §506.255.(4) Provider site--The physical location of the provider at the time the telehealth services are provided that is distant or remote from the client site.(5) Telecommunications--Interactive communication of information at a distance by concurrent two-way transmission using telecommunications technology, including, without limitation, sound, visual images, and/or computer data, between the client site and the provider site, and required to occur without a change in the form or content of the information, as sent and received, other than through encoding or encryption of the transmission itself for purposes of and to protect the transmission.(6) Telecommunications technology--Computers, smart phones, and equipment, other than analog telephone, email, or facsimile technology and equipment, used or capable of use for purposes of telecommunications. For purposes of this subchapter, the term includes, without limitation:(A) compressed digital interactive video, audio, or data transmission;(B) clinical data transmission using computer imaging by way of still-image capture, storage and forward;(C) smart phones, or any audio-visual, real-time, or two-way interactive communication system; and(D) other technology that facilitates the delivery of telehealth services.(7) Telehealth--The use of telecommunications or telecommunications technology for the exchange of information from one site to another for the provision of behavior analysis services to a client from a provider.(8) Telehealth services--The application of telecommunications technology to deliver behavior analysis services to a client who is physically located at a site other than the site where the provider is located.", "sourceNote": "Source Note: The provisions of this §121.76 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216873", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "E", "label": "TELEHEALTH" }, "rule": { "number": "§121.77", "label": "Service Delivery Models" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216868", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Telehealth services may be delivered in a variety of ways, including, but not limited to:(1) the store-and-forward model/electronic transmission which is an asynchronous electronic transmission of stored clinical data from one location to another;(2) the clinician interactive model which is a synchronous, real-time interaction between the provider and client that may occur via telecommunication links; and(3) the self-monitoring/testing model which occurs when the client receiving the services provides data to the provider without a facilitator present at the site of the client.(b) A provider shall not provide services by correspondence only, e.g., mail, email, or facsimile, although these may be used as adjuncts to telehealth.", "sourceNote": "Source Note: The provisions of this §121.77 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216868", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "E", "label": "TELEHEALTH" }, "rule": { "number": "§121.78", "label": "Technology and Equipment Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216869", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provider shall use only telecommunications technology, as defined in this subchapter, to provide telehealth services. Modes of communication that do not utilize such telecommunications technology, including analog telephone, mail, email, or facsimile may be used only as adjuncts.(b) A provider shall utilize telecommunications technology and other equipment only if:(1) the provider is competent to use the equipment as part of the provider's telehealth services;(2) the telecommunications technology and equipment located at the client site and at the provider site are:(A) appropriate to the telehealth services to be provided and in good working order; and(B) are of sufficient quality to allow the provider to deliver equivalent service and quality to the client as if those services were provided in person at the same physical location.(3) the provider is able to see and hear the client and the facilitator, if used, via telecommunications technology in synchronous, real-time interactions, even when receiving or sending data and other telecommunication transmissions, when providing telehealth services; and(4) the quality of electronic transmissions shall be adequate for the provision of an individualized client's telehealth service.(c) A provider shall ensure that communications occur without a change in the form or content of the information, as sent and received, other than through encoding or encryption of a transmission itself for purposes of and to protect the transmission.", "sourceNote": "Source Note: The provisions of this §121.78 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216869", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "E", "label": "TELEHEALTH" }, "rule": { "number": "§121.79", "label": "License Holder Responsibilities for Providing Telehealth Services and Using Telehealth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216870", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) Except where noted, this subchapter applies to behavior analysts and assistant behavior analysts, as authorized under this subchapter.(2) Except to the extent it imposes additional or more stringent requirements, this subchapter does not affect the applicability of any other requirement or provision of law to which an individual is otherwise subject under this chapter or other law.(b) Licensure and Scope of Practice.(1) An individual shall not provide telehealth services to a client in the State of Texas, unless the individual is licensed by the department and qualifies as a provider, as that term is defined in this subchapter, or is otherwise legally authorized to do so.(2) A provider may provide only those telehealth services that are within the course and scope of the provider's license and competence and delivered in accordance with the requirements of that license and pursuant to the terms and conditions set forth in this chapter.(3) A provider may engage in direct observation, direct supervision, or indirect supervision in-person and on-site, through telehealth, or in another manner approved by the provider's certifying entity. Supervision provided through telehealth must meet the standards of the certifying entity.(c) Competence and Standard of Practice; Code of Ethics.(1) A provider shall be competent in both the type of services provided and the methodology and equipment used to provide the service.(2) A provider shall comply with the code of ethics and scope of practice requirements in this chapter when providing telehealth services.(3) The scope, nature, and quality of the services provided via telehealth shall be the same as the services provided during in-person sessions.(4) A provider shall determine whether a particular service or procedure is appropriate to be provided via telehealth. A provider shall maintain a focus on evidence-based practice and identify appropriate meaningful outcomes for a client. When an established telehealth procedure is not available, the provider shall notify the client or multi-disciplinary team, as appropriate, that the effectiveness of the procedure has not yet been established for the method, manner, or mode of treatment.(5) Documentation of telehealth services shall include documentation of the date and nature of services performed by the provider through telehealth and the assistive tasks of the facilitator, if used.(6) A provider shall:(A) consider relevant factors including the client's behavioral, physical, and cognitive abilities in determining the appropriateness of providing services via telehealth;(B) be aware of the client's level of comfort with the technology being used as part of the telehealth services; and(C) be sensitive to cultural and linguistic variables that affect the identification, assessment, treatment, or management of a client when providing services through telehealth.", "sourceNote": "Source Note: The provisions of this §121.79 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "E", "label": "TELEHEALTH" }, "rule": { "number": "§121.80", "label": "Use of Facilitators with Telehealth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216871", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Subject to the requirements and limitations of this subchapter, a provider may utilize a facilitator at the client site to assist the provider in rendering telehealth services.(b) A provider shall document whether a facilitator is used in providing telehealth services. If a facilitator is used, the provider shall document the tasks in which the facilitator provided assistance.(c) Before allowing a facilitator to assist the provider in providing telehealth services, the provider shall ascertain and document the facilitator's qualifications, training, and competence, as appropriate and reasonable, in:(1) each task the provider directs the facilitator to perform at the client site; and(2) the methodology and equipment the facilitator is to use at the client site.(d) A facilitator may only perform the following tasks at a client site:(1) a task for which a facilitator holds and acts in accordance with any relevant license, permit, or authorization required or exemption available under the Texas Occupations Code to perform the task; and(2) those physical, administrative, and other tasks that a provider determines a facilitator is competent to perform in connection with the rendering of behavior analysis services for which no license, permit, or authorization under the Texas Occupations Code is required or to which an exemption applies.", "sourceNote": "Source Note: The provisions of this §121.80 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216871", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "E", "label": "TELEHEALTH" }, "rule": { "number": "§121.81", "label": "Client Contacts and Communications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216874", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provider shall notify a client, a client's authorized representative, or multi-disciplinary team, as appropriate, of the conditions of telehealth services, including, but not limited to, the right to refuse or discontinue telehealth services, options for service delivery, differences between in-person and remote service delivery methods, and instructions for filing and resolving complaints.(b) A provider shall obtain client consent before services may be provided through telehealth. If a client previously consented to in-person services, a provider shall obtain updated consent to include telehealth services.(c) The initial contact between a provider and client may be at the same physical location or through telehealth, as determined appropriate by the provider.", "sourceNote": "Source Note: The provisions of this §121.81 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216874", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "F", "label": "FEES" }, "rule": { "number": "§121.85", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216875", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees paid to the department are nonrefundable.(b) Licensing fees are as follows:(1) application and initial license, behavior analyst--$165(2) application and initial license, assistant behavior analyst--$110(3) renewal, behavior analyst--$165(4) renewal, assistant behavior analyst--$110(5) change, active status to inactive status--$0(6) change, inactive status to active status--$25(7) renewal of license on inactive status--renewal fees as stated in paragraphs (3) and (4)(8) license duplicate or replacement--$25(c) Late renewal fees for licenses issued under this chapter are prescribed under §60.83.(d) The fee for a dishonored/returned check or payment is the fee prescribed under §60.82.(e) The fee for a criminal history evaluation letter is the fee prescribed under §60.42.", "sourceNote": "Source Note: The provisions of this §121.85 adopted to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216875", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§121.90", "label": "Basis for Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216876", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is authorized under Texas Occupations Code, Chapters 51 and 506.(1) If a person violates any provision of Texas Occupations Code, Chapters 51, 111, 506, or any other applicable provision, this chapter, or a rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Texas Occupations Code and the associated rules.(2) The enforcement authority granted under Texas Occupations Code, Chapters 51 and 506, and any associated rules may be used to enforce the Texas Occupations Code and this chapter.(b) The department may consult the requirements of the certifying entity and the BACB Ethics Code for Behavior Analysts in the application and enforcement of this chapter.(c) The department will apply the requirements of this section consistent with the requirements, guidance, and interpretations of the certifying entity unless an alternate interpretation is reasonably necessary.(d) The department may refer or report information to a certifying entity, including complaints, investigations, and violations of Texas law, rules, or orders that are or may be relevant to the qualifications of any person to obtain or maintain a certification. (e) The commission has adopted rules for health-related programs in Chapter 100 pursuant to Texas Occupations Code §51.2031 and §51.501. Behavior analysis license holders are subject to the Ch. 100 rules, which include provisions related to telehealth.(f) The commission or the executive director may deny a license, place sanctions on a license, or impose an administrative penalty when a person through fraud, misrepresentation, concealment of a material fact, or in violation of the certifying entity's requirements, the Act, or this chapter:(1) obtains, renews, or maintains a license; or(2) practices or offers to practice behavior analysis services.", "sourceNote": "Source Note: The provisions of this §121.90 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "121", "label": "BEHAVIOR ANALYST" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§121.95", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222477", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department shall list, with its business telephone number, a toll-free telephone number established to accept complaints relating to a health profession regulated by the department.(b) A license holder shall notify each client or a minor client's authorized representative of the name, mailing address, email address, telephone number, and website of the department for the purpose of directing complaints to the department. A license holder shall display this notification:(1) on a sign prominently displayed in the primary location of practice of each license holder, if any; and(2) on written documents including a written contract, a bill for service, or information brochure provided by the license holder to a client or third party.(c) The commission has adopted rules in Chapter 100 related to handling complaints regarding standard of care pursuant to Texas Occupations Code §51.2031.(d) A qualified person may assist the department in the review and investigation of complaints and is immune from liability related to these activities pursuant to Texas Occupations Code §51.252.(e) Provisions regarding the confidentiality of complaint and disciplinary information under this chapter are located in Texas Occupations Code §51.254.(f) The department may disclose a complaint or investigation and all information and materials compiled by the department in connection with the complaint or investigation to a person's certifying entity in accordance with Texas Occupations Code §51.254.(g) For purposes of this chapter, a health profession is a profession for which the enabling statute is located in Title 3, Texas Occupations Code, or that is determined to be a health profession under other law.", "sourceNote": "Source Note: The provisions of this §121.95 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective August 1, 2020, 45 TexReg 5192; amended to be effective February 29, 2024, 49 TexReg 1085." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222477", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§130.1", "label": "Authority and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222478", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter is promulgated under the authority of the Texas Occupations Code, Chapters 51 and 202. Specific provisions within this chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 112, 116, and 601.(b) In addition to this chapter, the rules under 16 TAC Chapter 60, Procedural Rules of the Commission and the Department, and 16 TAC Chapter 100, General Provisions for Health-Related Programs, are applicable to the Podiatric Medicine Program.", "sourceNote": "Source Note: The provisions of this §130.1 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222478", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§130.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222481", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Act--The Podiatric Medical Practice Act of Texas.(2) Advisory Board--The Podiatric Medical Examiners Advisory Board, Texas Occupations Code, Chapter 202.(3) Commission--The Texas Commission on Licensing and Regulation.(4) Continuing Medical Education (CME)--Educational activities which serve to maintain, develop, or increase the knowledge, skills, and professional performance and relationships that a practitioner uses to provide services for patients, the public, or the profession.(5) Department--The Texas Department of Licensing and Regulation.(6) Executive Director--The executive director of the department.(7) Graduate Podiatric Medical Education (GPME)--An accredited graduate podiatric medical education or residency training program.(8) License--The term includes a license, registration, certificate, or other authorization issued under the Act.(9) Medical Records--Any records, reports, notes, charts, x-rays, or statements pertaining to the history, diagnosis, evaluation, treatment or prognosis of the patient including copies of medical records of other health care practitioners contained in the records of the practitioner to whom a request for release of records has been made.(10) Podiatric Medical Radiological Technician--A person who performs only radiological podiatric procedures under the supervision of a practitioner. The term also includes Podiatry X-ray Machine Operator.(11) Public Communication--Any written, printed, visual, or oral statement or other communication made or distributed, or intended for distribution, to a member of the public.(12) Practitioner--A person validly licensed by the department to practice podiatric medicine in the State of Texas. The term is used interchangeably with \"Podiatrist\" and \"Podiatric Physician\" in this chapter.(13) Publication--Any and all public communications relating to the practitioner's practice, including but not limited to, advertisements, announcements, invitations, press releases, journal articles, periodical articles, leaflets, news stories, materials distributed by private or by United States mail, and signs or placards placed in public view or electronic submission.(14) Solicitation--A private communication to a person concerning the performance of a podiatric service for such person.(15) Supervision--Responsibility for the control of quality, radiation safety and protection, and technical aspects of podiatric radiological procedures utilized in podiatric medicine for diagnostic purposes.", "sourceNote": "Source Note: The provisions of this §130.2 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222481", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.20", "label": "Board Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222482", "queryAsDate": "03/11/2026" }, "ruleBody": "The Podiatric Medical Examiners Advisory Board consists of nine members appointed by the governor as prescribed by Occupations Code §202.051.", "sourceNote": "Source Note: The provisions of this §130.20 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222482", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.21", "label": "Public Member Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222483", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person or the person's spouse meets any of the specifications prescribed by Occupations Code §202.053, the person is not eligible for appointment as a public member of the advisory board.", "sourceNote": "Source Note: The provisions of this §130.21 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222483", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.22", "label": "Membership and Employee Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222484", "queryAsDate": "03/11/2026" }, "ruleBody": "If a person meets any of the specifications prescribed by Occupations Code §202.054, the person may not be a member of the advisory board.", "sourceNote": "Source Note: The provisions of this §130.22 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222484", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.23", "label": "Terms; Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the advisory board serve staggered six-year terms as prescribed by Occupations Code §202.056.(b) If a vacancy occurs during a term, the governor shall appoint a replacement as prescribed by Occupations Code §202.056.", "sourceNote": "Source Note: The provisions of this §130.23 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222485", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.24", "label": "Grounds for Removal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193186", "queryAsDate": "03/11/2026" }, "ruleBody": "If a member meets any of the specifications prescribed by Occupations Code §202.056, it is a ground for removal from the advisory board.", "sourceNote": "Source Note: The provisions of this §130.24 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193186", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.25", "label": "Compensation; Reimbursement of Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193187", "queryAsDate": "03/11/2026" }, "ruleBody": "An advisory board member may not receive compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act.", "sourceNote": "Source Note: The provisions of this §130.25 adopted to be effective November 1, 2018, 43 TexReg 6953." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193187", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.26", "label": "Presiding Officer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222479&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222479", "queryAsDate": "03/11/2026" }, "ruleBody": "The governor shall appoint one of the advisory board members to serve as presiding officer of the advisory board at the pleasure of the governor. The presiding officer may vote on any matter before the advisory board.", "sourceNote": "Source Note: The provisions of this §130.26 adopted to be effective November 1, 2018, 43 TexReg 6953." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222479&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222479", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.27", "label": "Advisory Board Meetings and Duties of Department" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222480&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222480", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advisory board shall meet at the call of the presiding officer of the commission or the executive director.(b) The department will present the following documents, including any updates or revisions, to the advisory board for its input and recommendation:(1) The penalty matrix for podiatry to be included in the department's Enforcement Plan; and(2) Criminal Conviction Guidelines (Guidelines for Applicants with Criminal Convictions) for podiatry.(c) The department will provide information regarding the general investigative, enforcement, or disciplinary procedures of the department or commission to the advisory board in the following manner:(1) At advisory board meetings, the department will provide a report on recent enforcement activities, including:(A) a brief description of final orders entered in enforcement cases; and(B) statistics on complaints received, disposition of cases, and any sanctions or administrative penalties assessed;(2) On request of the advisory board, the department will provide additional information:(A) during the staff report portion of the advisory board meeting; or(B) by placing a discussion item on the agenda for a future advisory board meeting; or(3) The department may provide information directly to an individual member of the advisory board in response to a request from that member.(d) The commission may not adopt a new rule relating to the scope of practice of, a health-related standard of care for, or the ethical practice of the profession of podiatry unless the rule has been proposed by the advisory board.(e) Under Occupations Code §51.2032(b) and (c), the advisory board may propose a rule described by subsection (d) according to the following procedure:(1) The advisory board, by a majority vote of the members present and voting at a meeting at which a quorum is present, shall either:(A) recommend that the rule be published in the Texas Register for public comment; or(B) if the rule has been published and after considering the public comments, make a recommendation to the commission concerning adoption of the rule;(2) The rule must be within the commission's legal authority to adopt; and(3) The department may make non-substantive, editorial changes to the rule as necessary.(f) The commission shall either adopt the rule as proposed by the advisory board under subsection (e), with any non-substantive, editorial changes made by the department under subsection (e)(3), or return the rule to the advisory board for revision.(g) The department will establish an advisory board work group to review and make recommendations regarding continuing education requirements. Opinions or recommendations made will be presented to the full advisory board for discussion.(h) The department may obtain additional expertise from one or more of the following sources:(1) a former member of the advisory board;(2) a department staff expert; or(3) an outside expert with relevant education, training, or experience.", "sourceNote": "Source Note: The provisions of this §130.27 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective May 1, 2022, 47 TexReg 2525; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222480&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222480", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.28", "label": "Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193190", "queryAsDate": "03/11/2026" }, "ruleBody": "A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted as a member in attendance at a meeting of the advisory board until the person completes a training program that complies with Occupations Code, §202.061.", "sourceNote": "Source Note: The provisions of this §130.28 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193190", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "B", "label": "ADVISORY BOARD" }, "rule": { "number": "§130.29", "label": "Duties of Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222486", "queryAsDate": "03/11/2026" }, "ruleBody": "The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.", "sourceNote": "Source Note: The provisions of this §130.29 adopted to be effective November 1, 2018, 43 TexReg 6953." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222486", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "C", "label": "TEMPORARY RESIDENCY AND OTHER LICENSE TYPES" }, "rule": { "number": "§130.30", "label": "Temporary Residency License--General Requirements and Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222487", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who is enrolled in an accredited graduate podiatric medical education (GPME) program in Texas must hold a temporary residency license.(b) The GPME program must be accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association.(c) An applicant granted a temporary residency license for the purpose of pursuing a GPME program in the State of Texas must not engage in the practice of podiatric medicine, whether for compensation or free of charge, outside the scope and limits of the GPME program in which the applicant is enrolled.(d) A temporary residency license granted by the department for the purpose of pursuing a GPME program in the State of Texas is valid until the licensee leaves or is terminated from said GPME program.(e) All temporary residency licensees shall be subject to the same fees and penalties as all other licensees as set forth in the Act and this chapter, except that temporary residency licensees are not subject to continuing medical education requirements.(f) To be eligible for a temporary residency license an applicant must:(1) be at least 21 years of age;(2) pass at least 90 semester hours of undergraduate college courses acceptable at the time of completion for credit toward a bachelor's degree at an institution of higher education determined by the department to have acceptable standards;(3) graduate from a reputable college of podiatry approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association, and the college must have been so approved during the entire period of the applicant's course of instruction;(4) pass all required sections of the American Podiatric Medical Licensing Examination;(5) pay all applicable fees;(6) submit a completed application in a form and manner prescribed by the department;(7) submit all transcripts of relevant college coursework, acceptable to the department;(8) pass a criminal history background check performed by the department;(9) provide proof of successful completion of a course in cardiopulmonary resuscitation (CPR);(10) complete the \"Memorandum of Understanding for Approved Residency Program\";(11) complete the \"Certificate of Acceptance for Postgraduate Training Program\"; and(12) pass a National Practitioner Data Bank query check performed by the department.(g) The department approves and adopts by reference the Standards and Requirements for Approval of Residencies in Podiatric Medicine and Surgery and Procedures for Approval of Residencies in Podiatric Medicine and Surgery adopted by the Council on Podiatric Medical Education of the American Podiatric Medical Association.(h) The department approves and adopts by reference the Standards and Requirements for Accrediting Colleges of Podiatric Medicine and Procedures for Accrediting Colleges of Podiatric Medicine adopted by the Council on Podiatric Medical Education of the American Podiatric Medical Association.(i) The applicant must submit evidence sufficient for the department to determine that the applicant has met all the requirements and any other information reasonably required by the department. Any application, diploma or certification, or other document required to be submitted to the department that is not in the English language must be accompanied by a certified translation into English.", "sourceNote": "Source Note: The provisions of this §130.30 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective September 1, 2019, 44 TexReg 4725; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222487", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "C", "label": "TEMPORARY RESIDENCY AND OTHER LICENSE TYPES" }, "rule": { "number": "§130.31", "label": "Temporary Residency License--License Term; Residency Requirements; Program Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222488", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) License term. A temporary residency license is valid for one year. The license holder must renew by submitting a completed renewal application in a form and manner prescribed by the department and paying the required fee under §130.60. The annual renewal application notification will be deemed to be written notice of the impending license expiration forwarded to the person at the person's last known address. A temporary residency license to practice podiatric medicine expires on June 30 of each year.(b) Temporary residency license responsibilities. A temporary residency license holder is not considered to be a fully licensed podiatrist who independently practices podiatric medicine without supervision. A temporary residency license holder is a person in training and is limited by the Graduate Podiatric Medical Education (GPME) program for residency based supervised patient encounters, supervision of which is designed to protect patients and the citizens of Texas.(1) A person enrolled in a GPME program must hold a temporary residency license at all times and is not considered to be qualified for a Doctor of Podiatric Medicine license until all residency program requirements have been completed and fulfilled as certified by the GPME program residency director, and all other requirements for licensure have been attained.(2) Residents enrolled in an accredited GPME residency program who hold a temporary residency license (i.e. denoted with the letter \"T\" followed by numerals) may register with the U.S. Drug Enforcement Administration (DEA) to prescribe controlled substances subject to the supervision of the program and residency director. Under no circumstances are residents allowed to prescribe controlled substances for purposes outside of the approved residency program.(c) Residency Requirements. All residency programs requesting temporary residency licenses for their enrollees must meet all American Podiatric Medical Association/Council on Podiatric Medical Education (APMA/CPME) requirements for accreditation.(d) Residency director requirements. Within 30 days after the start date of the program each year, the residency director must report to the department a list of all residents enrolled in the program. The residency director will be held responsible for the entire program, including, but not limited to:(1) ensuring that the temporary residency licensee is practicing within the scope of the residency program requirements;(2) ensuring that the temporary residency licensee has read and understood the Act and rules governing the practice of podiatric medicine; and(3) ensuring that all residency program attendees are properly licensed with the department prior to participation in the program.", "sourceNote": "Source Note: The provisions of this §130.31 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222488", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "C", "label": "TEMPORARY RESIDENCY AND OTHER LICENSE TYPES" }, "rule": { "number": "§130.32", "label": "Temporary Residency License--Final Year of Residency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193180", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A holder of a temporary residency license who has entered the final year of an accredited GPME program, is in good standing with the GPME program, and is on course to complete the course in a timely manner, is permitted to apply for the Doctor of Podiatric Medicine license in the spring, if the resident has entered and signed the \"Memorandum of Understanding for Conditional Issuance of Texas Doctor of Podiatric Medicine License\" (MOU).(b) A holder of a temporary residency license who passes the jurisprudence examination, is in compliance with the resident's MOU(s), and meets all other requirements of the law regarding licensure may be issued a Doctor of Podiatric Medicine license prior to completion of the last year of the residency. The Doctor of Podiatric Medicine license issued under this subsection will be subject to the resident's MOU and to the following conditions and restrictions:(1) the resident must pass and graduate from the resident's accredited GPME program by the date noted in the resident's MOU;(2) the resident must submit proof of passage and graduation to the department within 30 days after the end date of the residency as noted on the MOU. Failure to timely provide the required proof to the department subjects the Doctor of Podiatric Medicine license to automatic revocation;(3) the resident must practice podiatry only under the temporary residency license, and subject to the scope and limits of the GPME program, and must not practice podiatry under the Doctor of Podiatric Medicine license until after passage and graduation from the GPME program and after providing to the department proof of such completion and graduation; and(4) the resident must comply with any other provisions in statute and rule applicable to a license to practice podiatry.", "sourceNote": "Source Note: The provisions of this §130.32 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective September 1, 2019, 44 TexReg 4725; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193180", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "C", "label": "TEMPORARY RESIDENCY AND OTHER LICENSE TYPES" }, "rule": { "number": "§130.33", "label": "Temporary Residency License--Extensions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222489", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director may grant the holder of a current temporary residency license an extension for good cause. Good cause may include but is not limited to:(1) illness of the holder or a family member for whom the holder is directly or indirectly responsible;(2) a verifiable family emergency; or(3) an additional residency training issue.(b) A temporary residency license extension is valid for up to an additional three months and subject to the same responsibilities, restrictions, and conditions found in §130.30.(c) The fee for an extended temporary residency license is established in §130.60.(d) A temporary residency license extension may be granted a maximum of two times.", "sourceNote": "Source Note: The provisions of this §130.33 adopted to be effective November 1, 2018, 43 TexReg 6953." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222489", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "C", "label": "TEMPORARY RESIDENCY AND OTHER LICENSE TYPES" }, "rule": { "number": "§130.34", "label": "Limited Faculty License--Requirements, License Term" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222490", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements. The department may issue a limited faculty license to practice podiatry only for purposes of instruction in an educational institution to a podiatrist who has not completed the jurisprudence examination required in §130.40(a)(5), if the applicant:(1) at the time of applying for a limited faculty license has accepted an appointment or is serving as a full-time member of the faculty of an educational institution in this state offering an approved or accredited course of study or training leading to a degree in podiatry;(2) holds a license to practice podiatry from another state with licensing requirements that are substantially equivalent to the requirements established by this subchapter; and(3) otherwise satisfies the requirements of this section.(b) License Term. A limited faculty license to practice podiatry is valid for two years.(1) The department will terminate a limited faculty license immediately upon receiving notice that the faculty appointment of the podiatrist holding the license is terminated.(2) The termination of a limited faculty license does not prohibit or otherwise impair the ability of a podiatrist to apply for or hold another license type issued under this subchapter.", "sourceNote": "Source Note: The provisions of this §130.34 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222490", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "C", "label": "TEMPORARY RESIDENCY AND OTHER LICENSE TYPES" }, "rule": { "number": "§130.35", "label": "Podiatric Medical Radiological Technicians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222491", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Texas Occupations Code, Chapter 601. This section does not apply to persons certified by the Texas Medical Board under the Medical Radiologic Technologist Certification Act who are Non-Certified Technicians (NCTs), Certified Medical Radiologic Technologists (MRTs), or Limited Medical Radiologic Technologists (LMRTs).(b) It is the practitioner's responsibility to ensure that all individuals wishing to perform podiatric radiological procedures are properly trained and apply for registration with the department as a podiatric medical radiological technician. For the purposes of this section, the term Podiatric X-ray Machine Operator, (PXMO) is synonymous with podiatric medical radiological technicians.(c) Podiatric equipment training course providers and standards for curricula and instructors must be approved by the department.(d) A podiatric medical radiological technician applicant must:(1) be 18 years of age or older;(2) successfully complete, at a minimum, the following 45 hours of clinical and didactic training requirements and provide proof of completion to the department:(A) five classroom hours and five out-of-classroom hours of radiation safety and protection for the patient, self, and others;(B) five classroom hours and five out-of-classroom hours of radiographic equipment used in podiatric medicine, including safety standards, operation, and maintenance;(C) 10 classroom hours and 10 out-of-classroom hours in podiatric radiologic procedures, imaging production and evaluation; and(D) three classroom hours and two out-of-classroom hours in methods of patient care and management essential to radiologic procedures, excluding CPR, BCLS, ACLS and similar subjects; and(3) submit a completed application in a form and manner prescribed by the department; and(4) pay the required fee under §130.60.(e) A supervising podiatrist must:(1) verify the student's out-of-classroom training hours;(2) require the student to maintain a log demonstrating the successful production of x-rays in the clinical setting;(3) oversee the student's successful production of at least 90 x-rays in the clinical setting; and(4) sign the log(f) A podiatric medical radiological technician must hold a registration and must perform only podiatric radiological procedures.(g) A podiatric medical radiological technician registrant must perform radiological procedures only under the supervision of a practitioner physically present on the premises.(h) A podiatric medical radiological technician registrant must not perform any dangerous or hazardous procedures as identified by the Texas Medical Board.(i) A podiatric medical radiological technician registrant must comply with the safety rules of the Texas Department of State Health Services, Radiation Control Program relating to the control of radiation.(j) Registration Term and Renewal. A registration is valid for one or two years.(1) A registration is valid for one year if the registration was issued before January 1, 2025, or two years if the registration was issued on or after January 1, 2025.(2) A registration renewed by the department is valid for:(A) one year, if the registration was renewed before January 1, 2025; or(B) two years, if the registration was renewed on or after January 1, 2025.(3) A registration renewal is completed by submitting a registration renewal application in a form and manner prescribed by the department and paying the required fee under §130.60.(4) For each registration renewal, a podiatric medical radiological technician must complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.(k) A podiatric medical radiological technician registrant must inform the department of any address change or change of supervising podiatric physician within two weeks.(l) The department may refuse to issue or renew a registration to an applicant or a podiatric medical radiological technician who:(1) violates or attempts to violate the Podiatric Medical Practice Act of Texas, the rules, an order of the executive director or commission previously entered in a disciplinary proceeding, or an order to comply with a subpoena issued by the department;(2) violates or attempts to violate the Medical Radiologic Technologist Certification Act, or the rules promulgated by the Texas Medical Board;(3) violates or attempts to violate the rules of the Texas Department of State Health Services for Control of Radiation, as prescribed by Health and Safety Code, Chapter 401;(4) obtains, attempts to obtain, or uses a registration by bribery or fraud;(5) engages in unprofessional conduct, including but not limited to, conviction of a crime or commission of any act that is in violation of the laws of the State of Texas if the act is connected with provision of health care;(6) develops or has an incapacity that prevents the practice of a podiatric medical radiological technician with reasonable skill, competence, and safety to the public as a result of:(A) an illness;(B) drug or alcohol dependency; or habitual use of drug or intoxicating liquors; or(C) another physical or mental condition;(7) fails to practice in an acceptable manner consistent with public health and welfare;(8) has disciplinary action taken against a radiological certification, permit, or registration in another state, or by another regulatory agency;(9) engages in acts requiring registration under these rules without a current registration from the department; or(10) has had a registration revoked, suspended, or has received disciplinary action.(m) The commission, executive director, or department, as appropriate, may suspend, revoke, or refuse to issue or renew the registration upon finding that a podiatric medical radiological technician has committed any offense listed in this section.", "sourceNote": "Source Note: The provisions of this §130.35 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222491", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "C", "label": "TEMPORARY RESIDENCY AND OTHER LICENSE TYPES" }, "rule": { "number": "§130.36", "label": "Hyperbaric Oxygen Certificate--Application Requirements and Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222492", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A certificate to supervise and administer hyperbaric oxygen is available to practitioners. To obtain the certificate, the practitioner must:(1) submit an application in a form and manner prescribed by the department; and(2) pay the required fee under §130.60.(b) A practitioner practicing hyperbaric oxygen must:(1) follow the published recommendations of the Undersea Hyperbaric Medical Society, Inc. (UHMS);(2) act within the credentials and bylaws of the hospital that operates the hyperbaric unit;(3) only practice hyperbaric oxygen in a hospital setting;(4) show evidence of attendance and successful completion of a hyperbaric medicine team training course that is recognized by the UHMS;(5) only utilize hyperbaric oxygen in the treatment of the foot as recognized by the Podiatric Medical Practice Act; and(6) have on file with the department documentation certifying compliance with the above requirements, prior to administering hyperbaric oxygen.(c) Certificate Term and Renewal.(1) The Hyperbaric Oxygen Certificate is valid for: one year if the certificate was issued before January 1, 2025, or two years if the registration was issued on or after January 1, 2025.(2) A certificate renewed by the department is valid for one year if the certificate was renewed before January 1, 2025, and must be renewed annually, or two years if the certificate was renewed on or after January 1, 2025, and must be renewed every two years. A certificate renewal is completed by submitting a certificate renewal application in a form and manner prescribed by the department and paying the required fee under §130.60.(d) A certificate holder must inform the department within 10 business days of any address change or change of hospital setting.(e) A hyperbaric oxygen certificate must be clearly displayed in the office alongside the original license.", "sourceNote": "Source Note: The provisions of this §130.36 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222492", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "C", "label": "TEMPORARY RESIDENCY AND OTHER LICENSE TYPES" }, "rule": { "number": "§130.37", "label": "Nitrous Oxide/Oxygen Inhalation Conscious Sedation--Registration Requirements, Guidelines, and Direct Supervision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222493", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As used in this section, conscious sedation means the production of an altered level of consciousness in a patient by pharmacological or non-pharmacological methods.(b) Conscious sedation of a patient by nitrous oxide is the administration by inhalation of a combination of nitrous oxide and oxygen producing a minimally depressed level of consciousness while retaining the patient's ability to maintain a patent airway independently and continuously, and to respond appropriately to physical stimulation and verbal command.(c) Conscious sedation of a patient by nitrous oxide must be induced, maintained, and continuously supervised only by the practitioner or by the assistant under continuous direct supervision of the practitioner. The nitrous oxide must not be flowing if the practitioner is not present in the room.(d) To use nitrous oxide/oxygen inhalation conscious sedation on a patient for podiatric medical purposes in the State of Texas, the practitioner must first register with the department and provide the following:(1) proof that the practitioner has completed a didactic and clinical course which includes aspects of monitoring patients and the hands-on use of the gas machine. The didactic and clinical course must:(A) be directed by a licensed and certified M.D., D.O., D.D.S., or D.P.M., in the State of Texas with advanced educational and clinical experience with routine administration of nitrous oxide/oxygen inhalation conscious sedation;(B) include a minimum of four hours didactic work in pharmacodynamics of nitrous oxide/oxygen inhalation conscious sedation; and(C) include a minimum of six hours of clinical experience under personal supervision;(2) proof that the practitioner has completed a CME course in nitrous oxide/oxygen inhalation conscious sedation that includes training in the prevention and management of emergencies in the podiatric medical practice; and(3) proof that the practitioner has completed a basic and advanced CPR program sponsored by the American Heart Association, the American Red Cross, or the Health and Safety Institute. Proof of current certification is the responsibility of the podiatric physician. Additionally, the D.P.M. must provide documented training or emergency procedures to office personnel.(e) The department may, at any time and without prior notification, require an on-site office evaluation to determine that all standards regarding nitrous oxide/oxygen inhalation conscious sedation are being met.(f) Registration Term and Renewal. A registration is valid for one or two years.(1) A registration is valid for one year if the registration was issued before January 1, 2025, or two years if the registration was issued on or after January 1, 2025.(2) A registration renewed by the department is valid for one year if the registration was renewed before January 1, 2025, and must be renewed annually, or two years if the registration was renewed on or after January 1, 2025, and must be renewed every two years. A registration renewal is completed by submitting a registration renewal application in a form and manner prescribed by the department and paying the required fee under §130.60.(3) A registration will not be renewed if a current certificate of inspection of the gas machine is not filed with the department.(g) A registrant must inform the department within 10 business days of any address change.(h) When a registration is issued, it must be clearly displayed in the office.(i) All office personnel who assist the practitioner in the nitrous oxide/oxygen inhalation conscious sedation procedure must:(1) be trained in basic life support;(2) have annual reviews of emergency protocols, contents, and use of emergency equipment; and(3) have annual reviews of basic CPR.(j) Documentation verifying these annual reviews must be maintained in the office of the practitioner who employs the personnel and must be provided to the department if requested.(k) The practitioner must evaluate and document in the patient's medical record, prior to the nitrous oxide/oxygen inhalation conscious sedation procedure, the patient's health and medical status to ensure that nitrous oxide/oxygen inhalation conscious sedation is medically appropriate.(l) Equipment used must meet the following safety criteria: The gas machine must have:(1) 30% minimum oxygen flow;(2) Glass flow tubes;(3) Nitrous oxide fail-safe (will not flow without oxygen);(4) Automatic room air intake in the event the bag is empty;(5) Non-rebreathing check valve;(6) Oxygen flush; and(7) Auxiliary oxygen outlet with one demand valve resuscitation assembly per office.(m) All practitioners administering nitrous oxide must have:(1) a functioning vacuum system;(2) a scavenger system;(3) appropriate emergency drugs and equipment for resuscitation;(4) a manifold to provide for protection against overpressure. The manifold must be equipped with an audible alarm system. The machine must have a service check on a three-year basis, a copy of which must be filed with the department; and(5) a method of locking the nitrous oxide tanks after business hours.", "sourceNote": "Source Note: The provisions of this §130.37 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222493", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "D", "label": "DOCTOR OF PODIATRIC MEDICINE" }, "rule": { "number": "§130.40", "label": "Doctor of Podiatric Medicine License--General Requirements and Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a license to practice podiatry in this state must:(1) be at least 21 years of age;(2) pass at least 90 semester hours of undergraduate college courses acceptable at the time of completion for credit toward a bachelor's degree at an institution of higher education determined by the department to have acceptable standards;(3) graduate from a college of podiatry approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association, and the college must have been so approved during the entire period of the applicant's course of instruction;(4) pass all required sections of the American Podiatric Medical Licensing Examination;(5) pass the jurisprudence examination;(6) successfully complete at least one year of GPME in a program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association with a hospital, clinic, or institution acceptable to the department (successful completion means the applicant must have finished the entire GPME program in which the applicant matriculated; partial program attendance is not acceptable)(7) pay all applicable fees;(8) submit a completed application in a form and manner prescribed by the department;(9) submit all transcripts of relevant college coursework, acceptable to the department;(10) pass a criminal history background check performed by the department;(11) provide proof of passage of a course in cardiopulmonary resuscitation (CPR); and(12) pass a National Practitioner Data Bank query check performed by the department.(b) At the discretion of the executive director, the GPME requirement, which became effective in Texas on July 1, 1995, may be waived if the applicant:(1) has been licensed and in active podiatric practice for at least five continuous years in another state; and(2) demonstrates in the application to the department an acceptable record from that state and all other states under which the applicant has ever been licensed.(c) At the discretion of the department, the National Board Part III (formerly known as PM Lexis) requirement, which became effective in Texas on January 29, 1992, may be waived if:(1) the applicant has been in active licensed practice for at least five continuous years, with an acceptable record;(2) the applicant has successfully completed any other course of training reasonably required by the executive director relating to the safe care and treatment of patients; and(3) the executive director determines that the applicant has substantially equivalent experience and was not required to pass a part of an examination related to the testing of clinical skills when licensed in this or another state.(d) A showing of an acceptable record under this section is defined to include, but is not limited to:(1) a showing that the applicant has:(A) no civil or criminal judgement, in state or federal court or other judicial forum, entered against the applicant on a podiatric medical-related cause of action;(B) no conviction of or deferred adjudication for a felony;(C) no dishonorable discharge from military service; and(D) no disciplinary action recorded from any medical institution or agency or organization, including, but not limited to:(i) any licensing board;(ii) hospital;(iii) surgery center;(iv) clinic;(v) professional organization;(vi) governmental health organization; or(vii) extended-care facility.(2) If any judgment or disciplinary determination under this subsection, has been on appeal, reversed, reversed and rendered, or remanded and later dismissed, or in any other way concluded in favor of the applicant, it shall be the applicant's responsibility to bring such result to the notice of the department by way of certified mail along with any such explanation of the circumstances as the applicant deems pertinent to the determination of admittance to licensure in this state.(3) The applicant must obtain and submit to the department a letter directly from all state boards under which they have ever been previously licensed stating that the applicant is a licensee in good standing with each said board or that said prior license or licenses were terminated or expired with the licensee in good standing.(e) The department approves and adopts by reference the Standards and Requirements for Approval of Residencies in Podiatric Medicine and Surgery and Procedures for Approval of Residencies in Podiatric Medicine and Surgery adopted by the Council on Podiatric Medical Education of the American Podiatric Medical Association.(f) The department approves and adopts by reference the Standards and Requirements for Accrediting Colleges of Podiatric Medicine and Procedures for Accrediting Colleges of Podiatric Medicine adopted by the Council on Podiatric Medical Education of the American Podiatric Medical Association.(g) The department may require additional information from an applicant who has been out of practice for more than two years and require the applicant to complete additional education, examinations, or training before issuing a license to ensure the applicant possesses reasonable knowledge, skill and competence for the safe care and treatment of patients.(h) The applicant must submit, in a form and manner prescribed by the department, evidence sufficient for the department to determine that the applicant has met all the requirements and any other information reasonably required by the department. Any application, diploma or certification, or other document required to be submitted to the department that is not in the English language must be accompanied by a certified translation into English.", "sourceNote": "Source Note: The provisions of this §130.40 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective September 1, 2019, 44 TexReg 4725; amended to be effective March 1, 2022, 47 TexReg 913; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222494", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "D", "label": "DOCTOR OF PODIATRIC MEDICINE" }, "rule": { "number": "§130.41", "label": "Doctor of Podiatric Medicine License--Jurisprudence Exam" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222495", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants shall be provided detailed information about the examination process prior to exam administration.(b) Applicants must follow the security procedures required for administration of the exam at each testing facility.(c) A license shall not be issued to any person who has been detected in a deceptive, dishonest or fraudulent act while taking an examination required by the department.(d) The passing score for the examination shall be determined by the department.", "sourceNote": "Source Note: The provisions of this §130.41 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222495", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "D", "label": "DOCTOR OF PODIATRIC MEDICINE" }, "rule": { "number": "§130.42", "label": "Doctor of Podiatric Medicine License--Term; Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222496", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Doctor of Podiatric Medicine license is valid for two years.(b) To renew a Doctor of Podiatric Medicine license, the licensee must:(1) submit a completed renewal application in a form and manner prescribed by the department;(2) complete all required continuing medical education hours as required by §130.44; and(3) pay the required fee under §130.60.(c) For each license renewal, a Doctor of Podiatric Medicine must complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.", "sourceNote": "Source Note: The provisions of this §130.42 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective September 1, 2019, 44 TexReg 4725; amended to be effective July 1, 2020, 45 TexReg 4333; amended to be effective March 1, 2022, 47 TexReg 913; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222496", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "D", "label": "DOCTOR OF PODIATRIC MEDICINE" }, "rule": { "number": "§130.43", "label": "Doctor of Podiatric Medicine License--Provisional License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222497", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a provisional license must abide by all the provisions of §130.40 except for §130.40(a)(5) and must meet the following requirements:(1) be licensed in good standing as a podiatric physician in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Act, subsequent amendments, and rules;(2) furnish proof of such licensure to the department;(3) not have been revoked or suspended in any jurisdiction; and(4) pass the jurisprudence exam.(b) An applicant for provisional licensure must be sponsored by a person currently licensed by the department for at least five years and in good standing under the Act with the following conditions applicable.(c) Prior to beginning practice in Texas, the sponsor licensee must ensure the following:(1) that the applicant for provisional licensure will be working within the same office and under the direct supervision of the sponsor licensee; and(2) that such sponsor licensee is aware of the Act and rules governing provisional licensure and that the sponsorship will cease upon the invalidity of the provisional license.(d) The sponsor licensee will be held responsible for the unauthorized practice of podiatric medicine should such provisional license expire.(e) An applicant for a provisional license may be excused from the requirement of sponsorship of this rule if the department determines that compliance with this subsection constitutes a hardship to the applicant.(f) A provisional license is valid for up to 180 days or until passage or failure of the jurisprudence exam and may be renewed up to three times. It is the responsibility of the applicant and sponsor to return the provisional license to the department upon expiration.(g) If at any time during the provisional licensure period it is determined that the holder of such provisional license has violated the Act or department rules, such provisional license will be subject to disciplinary action including revocation.", "sourceNote": "Source Note: The provisions of this §130.43 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222497", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "D", "label": "DOCTOR OF PODIATRIC MEDICINE" }, "rule": { "number": "§130.44", "label": "Continuing Medical Education--General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222498", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee must complete 50 hours of department-approved continuing medical education (CME) every two years for the renewal of the license to practice podiatric medicine. One hour of training is equal to one hour of CME. It is the responsibility of the licensee to ensure that all CME hours being claimed meet the standards for CME as set by the commission.(b) A licensee must complete two CME hours related to approved procedures of prescribing and monitoring controlled substances prior to the first anniversary of the date the license was originally issued.(c) A licensee must complete at least two CME hours on a course, class, seminar, or workshop in: Ethics in the Delivery of Health Care Services and/or Rules and Regulations pertaining to Podiatric Medicine in Texas.(1) Acceptable topics for the course, class, seminar, or workshop include:(A) Human Trafficking Prevention;(B) Healthcare Fraud;(C) Professional Boundaries;(D) Practice Risk Management or Podiatric Medicine related Ethics or Jurisprudence courses;(E) Abuse and Misuse of Controlled Substances;(F) Opioid Prescription Practices, and/or(G) Pharmacology, including those sponsored by an entity approved by the CPME, APMA, APMA affiliated organizations, American Medical Association (AMA), AMA affiliated organizations, or governmental entities, or the entities described in subsections (e) and (f).(2) Any program approved by the CPME of the APMA is acceptable to the department.(d) A licensee whose practice includes prescription or dispensation of opioids must annually complete at least one hour of CME covering best practices, alternative treatment options, and multi-modal approaches to pain management that may include physical therapy, psychotherapy, and other treatments.(e) A licensee shall receive credit for each hour of podiatric medical meetings and training sponsored by:(1) the APMA;(2) APMA affiliated organizations;(3) the Texas Podiatric Medical Association (TPMA);(4) state, county or regional podiatric medical association podiatric medical meetings;(5) university sponsored podiatric medical meetings;(6) hospital podiatric medical meetings or hospital podiatric medical grand rounds;(7) medical meetings sponsored by the Foot & Ankle Society or the orthopedic community relating to foot care; and(8) others, at the discretion of the Advisory Board. A practitioner may receive credit for giving a lecture, equal to the credit that a podiatrist attending the lecture obtains.(f) A licensee shall receive credit for each hour of training for non-podiatric medical sponsored meetings that are relative to podiatric medicine and department approved. This includes, but is not limited to;(1) hospital grand rounds;(2) hospital CME programs;(3) corporate sponsored meetings;(4) meetings sponsored by the American Medical Association, the orthopedic community, the American Diabetes Association, the Nursing Association, the Physical Therapy Association; and(5) others if approved by the department.(g) A licensee may obtain up to 20 CME hours per biennium for practice management, home study and self-study programs if the provider is approved by the CPME.(h) A licensee may receive up to three CME hours for Cardiopulmonary Resuscitation (CPR) certification or up to six hours of CME for Advanced Cardiac Life Support (ACLS) certification, but not both. No on-line CPR certification will be accepted by the department for CME credit.(i) A licensee may only receive one CME hour for having an article published in a peer review journal, regardless of the number of times or the number of journals in which the article is published.(j) With the exception of the allowed hours carried forward, the required 50 hours of CME must be obtained in a 24-month period immediately preceding the date in which the license is to be renewed. The 24-month period will begin on the first full day of the month after the practitioner's date of renewal and end two years later. A licensee who completes more than the required 50 hours during the preceding CME period may carry forward a maximum of 10 hours for the next renewal CME period.(k) Licensees that are deficient in CME hours must complete all deficient CME hours and current biennium CME requirements in order to maintain licensure.(l) CME obtained as a part of a disciplinary action is not acceptable credit towards the total of 50 hours required every two years.(m) The CPME updated the CPME 720 - Standards and requirements for approval of providers of continuing education in podiatric medicine, effective July 1, 2020.(1) The CPME standards define Internet Live Activity as \"an online continuing educational activity available at a certain time on a certain date and available only in real-time, just as if it were a continuing educational activity held in an auditorium. Once the event has taken place, learners may no longer participate in that activity.\"(2) Some examples of an internet live activity are a webinar, videoconference, or teleconference.(3) CPME has also released guidance for CME in response to COVID-19 concerns.(4) Providers of CME, including all organizations listed in the podiatry CME rules, can organize and present an internet live activity for CME credit.(5) There are no limits on the amount of CME hours that can be obtained through internet live activity.", "sourceNote": "Source Note: The provisions of this §130.44 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222498", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "D", "label": "DOCTOR OF PODIATRIC MEDICINE" }, "rule": { "number": "§130.45", "label": "Continuing Medical Education--Audit Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222499", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department employs an audit system for CME reporting. The licensee is responsible for maintaining a record of the licensee's CME experiences. The certificates or other documentation verifying earning of CME hours are only to be forwarded to the department if the licensee has been selected for audit.(b) The audit process shall be as follows:(1) The department will select for audit a random sample of licensees to ensure compliance with CME hours. The audit may occur before, during, or after the license renewal process.(2) If selected for an audit, the licensee must submit copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the licensee attendance, participation and completion of the CME.(3) Failure to timely furnish this information within 30 calendar days after notification of the audit, being deficient in the CME required for the most recent renewal of the license, failure to complete all CME within 90 calendar days after notification of the deficiency, or providing false information during the audit process are grounds for disciplinary action against the licensee.(4) If selected for CME audit during the renewal period, the licensee may renew and pay renewal fees.", "sourceNote": "Source Note: The provisions of this §130.45 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222499", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "D", "label": "DOCTOR OF PODIATRIC MEDICINE" }, "rule": { "number": "§130.46", "label": "Continuing Medical Education--Exceptions and Allowances; Approval of Hours" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222500", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Delinquency of CME hours may be allowed in cases of hardship, as determined on an individual basis by the executive director. In cases of such hardship, hours of delinquency must be current at the end of a three-year period.(b) Any licensee not actively practicing podiatric medicine shall be exempt from these requirements; however, upon resuming practice of podiatric medicine, that licensee must fulfill the requirements of the preceding year from the effective date prior to the resumption of practice.(c) Hours obtained in colleges or universities while working on a degreed or non-degreed program or an approved residency program by the Council on Podiatric Medical Education shall be considered as having fulfilled the requirements of continuing education hours for the fiscal year, provided that the courses are of a medical nature.(d) Hours of continuing education submitted to the department for approval, must be certified by the continuing education director of the institution or organization from which the hours were obtained, that the licensee was in actual attendance for the specified period.", "sourceNote": "Source Note: The provisions of this §130.46 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222500", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "D", "label": "DOCTOR OF PODIATRIC MEDICINE" }, "rule": { "number": "§130.47", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222501", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A practitioner may place a license on inactive status, at no cost, by submitting a completed application in a form and manner prescribed by the department.(b) A person whose license is on inactive status must not practice podiatric medicine in this state. The practice of podiatric medicine by a person whose license is on inactive status constitutes the practice of podiatric medicine without a license.(c) A practitioner on inactive status must renew the inactive status every two years, at no cost, in a form and manner prescribed by the department.(d) To change from an inactive status license to an active status license, an applicant must:(1) submit a completed application in a form and manner prescribed by the department;(2) pay the required renewal fee as prescribed in §130.60; and(3) complete the CME that is required for the renewal of an active license during the preceding license period. CME hours used to satisfy the requirement for changing from an inactive status license to an active status license must not also be utilized for a future renewal of an active status license.", "sourceNote": "Source Note: The provisions of this §130.47 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222501", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "D", "label": "DOCTOR OF PODIATRIC MEDICINE" }, "rule": { "number": "§130.48", "label": "Voluntary Charity Care Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222502", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section implements Texas Occupations Code, Chapter 112. As used in this section:(1) \"Voluntary charity care\" means medical care provided for no compensation:(A) to indigent populations;(B) in medically underserved areas; or(C) for a disaster relief organization.(2) \"Compensation\" means direct or indirect payment of anything of monetary value, except payment or reimbursement of reasonable, necessary, and actual travel and related expenses.(b) A practitioner may place a license on voluntary charity care status, at no cost, by submitting a completed application in a form and manner prescribed by the department.(c) The practice by a practitioner on voluntary charity care status:(1) is limited to voluntary charity care for which the practitioner receives no compensation of any kind for podiatric services rendered;(2) does not include the provision of podiatric services for compensation which has monetary value of any kind;(3) does not include the provision of podiatric services to members of the practitioner's family; and(4) does not include the self-prescribing of controlled substances or dangerous drugs.(d) A practitioner on voluntary charity care status must:(1) renew the voluntary charity status every two years, at no cost, in a form and manner prescribed by the department; and(2) complete 25 hours of CME during each renewal cycle.(e) A practitioner on voluntary charity care status is subject to disciplinary action for:(1) a violation of the Act or rule adopted under this chapter;(2) obtaining, or attempting to obtain, voluntary charity care status by submitting false or misleading information to the department; or(3) unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public if the practitioner engages in the compensated practice of podiatric medicine, the provision of podiatric services to members of the practitioner's family, or the self-prescribing of controlled substances or dangerous drugs.(f) A practitioner on voluntary charity care status must apply with the department before returning to active status by:(1) submitting a completed application in a form and manner prescribed by the department;(2) providing a description of the work performed while on voluntary charity care status;(3) paying the required doctor of podiatric medicine license renewal fee under §130.60; and(4) completing an additional 25 hours of CME to meet the doctor of podiatric medicine renewal requirements.(g) The department may require additional information, education, examinations, or training from a podiatrist who has been on voluntary charity care status for more than two years before returning to active status.", "sourceNote": "Source Note: The provisions of this §130.48 adopted to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222502", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "E", "label": "PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS" }, "rule": { "number": "§130.50", "label": "Practitioner Identification; Professional Corporations or Associations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222503", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A practitioner must use the following professional identifiers in any publication related to the practice of podiatric medicine: Doctor of Podiatric Medicine, D.P.M., Podiatrist, Podiatric Physician.(b) A practitioner must include one of the following designations to describe the practitioner's practice in all publications related to the practice of podiatric medicine: Foot Surgeon, Podiatric Surgeon, Foot Specialist, Doctor and Surgeon of the Foot, Injuries and Diseases of the Foot, Podiatric Physician.(c) A practitioner must not use a trade name or assumed name to identify the practitioner's practice, except as authorized in this section.(d) A practitioner must provide the department with the practitioner's practice name, corporate name, trade name or assumed name to identify an individual practice, or a group of podiatric physicians with which he/she is practicing and the address, and notify the department of any changes within 10 business days.(e) The name of a professional corporation created for the practice of podiatric medicine must include one of the following suffixes:(1) (Name), A Professional Corporation;(2) (Name), A Prof. Corp.;(3) (Name), P.C.;(4) (Name), Incorporated;(5) (Name), Inc.;(6) (Name), Professional Association;(7) (Name), P.A.;(8) (Name), P.L.L.P.;(9) (Name), Professional Limited Liability Partnership;(10) (Name), P.L.L.C.;(11) (Name), Professional Limited Liability Company;(12) (Name), L.L.C.; or(13) (Name), Limited Liability Company.(f) A practitioner practicing in a group composed of practitioners from different branches of the healing arts may practice under a corporate name, trade name or assumed name adopted by the group, provided the name fairly and objectively identifies the practice. In addition, within the group, the practitioner must identify themself appropriately.", "sourceNote": "Source Note: The provisions of this §130.50 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222503", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "E", "label": "PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS" }, "rule": { "number": "§130.51", "label": "Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222504", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A practitioner may advertise. A practitioner must not use or participate in the use of any publication, including advertisements, news stories, press releases, and periodical articles, that contains a false, misleading, or deceptive statement.(b) A practitioner must not include any of the following types of statements in any advertisements or press releases:(1) a misrepresentation of fact, or claims as fact something that has not been generally accepted among the podiatric community or by the department as having been proven or established as fact;(2) a statement that is likely to mislead or deceive or entice or persuade a reasonable person because it fails to make full disclosure of relevant facts whether regarding fees, modes of treatment, conditions or techniques of surgery, post-operative conditions such as degree of pain, length of time of recovery, mobility and strength during recovery, and the like;(3) a statement that is intended or likely to create in a reasonable person false or unjustified expectations of favorable results;(4) a laudatory statement, or other statement or implication that the practitioner's services are of exceptional quality;(5) statistical data or information that reflects or is intended to reflect quality or degree of success of past performance, or prediction of future success;(6) a representation that podiatric services can or will be completely performed for a stated fee amount when this is not the case, or makes representations with respect to fees that do not disclose all variables affecting the fees, or makes representations that might cause a reasonable person to misunderstand or be deceived about the fee amount;(7) a representation that health care insurance deductibles or co-payments may be waived or are not applicable to health care services to be provided if the deductibles or co-payments are required; or(8) a representation that the benefits of a health benefit plan will be accepted as full payment when deductibles or co-payments are required.(c) Information contained in a public communication by a practitioner may include, but is not limited to the following:(1) name, address, telephone numbers, office hours, and telephone-answering hours;(2) biographical and educational background;(3) professional memberships and attainments and certifications, subject to the provisions of subsection (e);(4) description of services offered, subject to the provisions of subsection (f);(5) foreign language ability;(6) acceptable credit arrangements, subject to the provisions of subsection (b)(2) and (b)(6);(7) the limitation of practice to certain areas of podiatric medicine;(8) the opening or change in location of any office and change in personnel;(9) fees charged for the initial consultation, provided that any limitation on the time for the consultation must be stated;(10) fixed fees for specific podiatric treatments and services, subject, however, to the provisions of subsection (b)(2) and (b)(6); and(11) a statement that a schedule of fees or an estimate of fees to be charged for specific treatments or services will be available on request.(d) All practitioners must retain recordings, transcripts, or copies of all public communications by date of publication for a period of at least two years after such communication was made.(e) A practitioner may advertise or publish the name of any board of certification under which the practitioner has fully and validly become certified, provided that the full name of the certifying board is included in the publication.(f) A practitioner must not list in any type of advertisement or public communication any certifying board that is not approved or recognized by the Council on Podiatric Medical Education of the American Podiatric Medical Association.(g) The terms \"board eligible\", \"board qualified\", or any similar words or phrase calculated to convey the same meaning must not be used in advertising.(h) If a publication by or for a practitioner mentions a particular surgical technique or device, the publication must also include a specific and true statement that reveals the limits, scope, and specific purpose of the technique or device so as not to mislead a reasonable person regarding the difficulty, pain or discomfort, length of time for surgery or recuperation, or possibility of complications.", "sourceNote": "Source Note: The provisions of this §130.51 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective September 1, 2019, 44 TexReg 4725; amended to be effective December 1, 2024 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222504", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "E", "label": "PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS" }, "rule": { "number": "§130.54", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222505", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All practitioners must make, maintain, and keep accurate records of the diagnosis made and the treatment performed for and upon each of the practitioner's patients for reference and for protection of the patient for at least five years following the completion of treatment.(b) The records of the identity, diagnosis, evaluation, or treatment of a patient by a practitioner that are created or maintained by a practitioner are the property of the practitioner.(c) A practitioner must furnish copies, a summary, or a narrative of the medical records pursuant to a written request by:(1) the patient;(2) a parent or legal guardian if the patient is a minor;(3) a legal guardian if the patient has been adjudicated incompetent to manage his or her personal affairs;(4) an attorney ad litem appointed for the patient; or(5) a personal representative if the patient is deceased, except if the practitioner determines that access to the information would be harmful to the physical, mental, or emotional health of the patient. The practitioner must delete confidential information about another patient or family member of the patient who has not consented to the release.(d) The requested copies of medical records or a summary or narrative of the records must be furnished by the practitioner within thirty (30) days after the date of the request and reasonable fees for furnishing the information shall be paid by the patient or someone on behalf of the patient.(e) As referenced in subsection (c), if the practitioner denies the request for copies of medical records or a summary or narrative of the records, either in whole or in part, the practitioner must furnish the patient a written statement, signed and dated, stating the reason for the denial, and a copy of the statement denying the request must be placed in the patient's medical records.(f) The practitioner is entitled to a reasonable fee for providing the requested information. In addition, a reasonable fee may include actual costs for mailing, shipping, or delivery of the records and x-rays.(g) A practitioner is entitled to payment of a reasonable fee prior to releasing a requested copy, summary, or narrative of medical records. A practitioner may retain the requested information until payment is received but must notify the requesting party, in writing and within ten calendar days of receiving the request, of the need for payment.(1) A copy of the letter regarding the need for payment shall be made part of the patient's medical record. Medical records requested pursuant to a proper request for release may not be withheld from the patient, the patient's authorized agency, or the patient's designated recipient for such records based on a past due account for medical care or treatment previously rendered to the patient.(2) A practitioner is not entitled to payment of a reasonable fee when the information is requested for purposes of emergency or acute medical care by a health care provider licensed by any state, territory, or insular possession of the United States or any State or Province of Canada.(h) A subpoena is not required for the release of medical records requested pursuant to a proper release for records under this section made by a patient or by the patient's guardian or other representative duly authorized to obtain such records.(i) A practitioner is only required to provide copies of billing records pertaining to medical treatment of a patient when specifically requested in a proper request for release of medical records.(j) The allowable charges as set forth in this chapter shall be maximum amounts, and this chapter shall be construed and applied to be consistent with lower fees or the prohibition or absence of such fees as required by state statute or prevailing federal law.", "sourceNote": "Source Note: The provisions of this §130.54 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222505", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "E", "label": "PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS" }, "rule": { "number": "§130.55", "label": "Practitioner Code of Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199953", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The health and safety of patients shall be the first consideration of the practitioner. The principal objective to the practitioner is to render service to humanity. A practitioner shall continually strive to improve his medical knowledge and skill for the benefit of his patients and colleagues. The practitioner shall administer to patients in a professional manner and to the best of his ability. Secrets and personal information entrusted to him shall be held inviolate unless disclosure is necessary to protect the welfare of the individual or the community. A practitioner shall be temperate in all things in recognition that his knowledge and skill are essential to public health, welfare, and human life.(b) A practitioner shall conduct his practice on the highest plane of honesty, integrity, and fair dealing and shall not mislead his patients as to the gravity of such patient's podiatric medical needs. A practitioner shall not abandon a patient he has undertaken to treat. The practitioner may discontinue treatment after reasonable notice has been given to the patient by the practitioner of the practitioner's intention to discontinue treatment and the patient has had a reasonable time to secure the services of another practitioner or all podiatric medical services actually begun have been completed and there is no contract or agreement to provide further treatment.(c) A practitioner shall not aid an unethical practitioner or engage in any subterfuge with any person, business, or organization. The practitioner shall expose any illegal, unethical, or dishonest conduct of other practitioners and cooperate with those invested with the responsibility of enforcement of the law and these rules of conduct.(d) A person under a practitioner's care or treatment on whom podiatric medical surgery is to be performed in connection with such care or treatment should be informed by the practitioner of the identity of the surgeon before the surgery is performed.(e) The practitioner has special knowledge which his patient does not have; therefore, to avoid misunderstanding he should advise his patient in advance of beginning treatment of the nature and extent of the treatment needed; the approximate time required to perform the recommended treatment and services; and any further or additional services or return by the patient for treatment, adjustments, or consultation and the time in which this shall occur. A practitioner should inform his patients as to the fees to be charged for services before the services are performed, regardless of whether the fees are charged on a case basis, on the basis of a separate charge for each service, or a combination of these two methods, or some other basis. If an exact fee for a particular service, as in extended care cases, cannot be quoted to a patient, a fair and reasonable estimate of what the fee will be and the basis on which it will be determined should be given the patient.(f) A practitioner shall not tender or receive a commission for a referral.(g) A podiatrist's treatment of a patient must be consistent with the best practices and standards observed in the podiatry community and must be performed with the same level of skill required of a reasonably prudent podiatrist practicing under the same or similar circumstances.", "sourceNote": "Source Note: The provisions of this §130.55 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199953", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "E", "label": "PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS" }, "rule": { "number": "§130.56", "label": "General Authority to Delegate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222506", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A practitioner may delegate to a qualified and properly trained podiatric medical assistant acting under the podiatrist's appropriate supervision any podiatric medical act that a reasonable and prudent podiatrist would find within the scope of sound medical judgment to delegate if:(1) in the opinion of the delegating podiatrist, the act:(A) can be properly and safely performed by the podiatric medical assistant to whom the podiatric medical act is delegated; and(B) is performed in its customary manner and not in violation of any other statute; and(2) the podiatric medical assistant to whom the podiatric medical act is delegated does not represent to the public that the podiatric medical assistant is authorized to practice podiatric medicine.(b) The delegating podiatrist is responsible for the podiatric medical acts of the podiatric medical assistant performing the delegated medical acts.(c) The department may determine whether:(1) an act constitutes the practice of podiatric medicine; and(2) a podiatric medical act may be properly or safely delegated by podiatrists.", "sourceNote": "Source Note: The provisions of this §130.56 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective July 1, 2020, 45 TexReg 4333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222506", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "E", "label": "PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS" }, "rule": { "number": "§130.57", "label": "Sexual Misconduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222507", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sexual misconduct is behavior that exploits the podiatric physician-patient or podiatric physician-staff member relationship in a sexual way. This behavior is non-diagnostic and non-therapeutic, may be verbal or physical, and may include expressions of thoughts and feelings or gestures that are sexual or that reasonably may be construed by a person as sexual.(b) Sexual misconduct may be the basis for disciplinary action if the behavior was injurious or there is an exploitation of the podiatric physician-patient or podiatric physician-staff member relationship.(c) Sexual violation may include podiatric physician-patient or podiatric physician-staff member sex, whether or not initiated by the patient/staff, and engaging in any conduct with a patient/staff that is sexual or may be reasonably interpreted as sexual, including but not limited to:(1) sexual intercourse, genital-to-genital contact;(2) oral to genital contact;(3) oral to anal contact, genital to anal contact;(4) kissing in a romantic or sexual manner;(5) touching breasts, genitals, or any sexualized body part for any purpose other than appropriate examination or treatment, or where the patient/staff has refused or has withdrawn consent;(6) encouraging the patient/staff to masturbate in the presence of the podiatric physician or masturbation by the podiatric physician while the patient/staff is present; and(7) offering to provide practice-related services, such as drugs, in exchange for sexual favors.(d) Sexual impropriety may comprise behavior, gestures, or expressions that are seductive, sexually suggestive, or sexually demeaning to a patient/staff, including but not limited to:(1) disrobing or draping practices that reflect a lack of respect for the patient's/staff's privacy, deliberately watching a patient/staff dress or undress, instead of providing privacy for disrobing;(2) subjecting a patient/staff to an intimate examination in the presence of medical students or other parties without the explicit consent of the patient/staff or when consent has been withdrawn;(3) examination or touching of genitals without the use of gloves;(4) inappropriate comments about or to the patient/staff, including but not limited to:(A) making sexual comments about a person's body or underclothing;(B) making sexualized or sexually demeaning comments to a patient/staff;(C) criticizing the patient's/staff's sexual orientation (transgender, homosexual, heterosexual, or bisexual);(D) making comments about potential sexual performance during an examination or consultation, except when the examination or consultation is pertinent to the issue of sexual function or disfunction;(E) requesting details of sexual history, sexual likes, or sexual dislikes when not clinically indicated for the type of consultation;(5) engaging in treatment or examination of a patient/staff for other than bona fide health care purposes or in a manner substantially inconsistent with reasonable health care practices;(6) using the podiatric physician-patient or podiatric physician-staff member relationship under the pretext of treatment to solicit a date;(7) initiation by the podiatric physician of conversation regarding the sexual problems, preferences, or fantasies of the podiatric physician; and(8) examining the patient/staff intimately without consent.(e) Sexual exploitation by a practitioner is the breakdown of the professionalism in the podiatric physician/patient/staff relationship constituting sexual abuse. Sexual exploitation may undermine the therapeutic relationship, may exploit the vulnerability of the patient/staff, and ultimately may be detrimental to the patient's/staff's emotional well-being, including but not limited to:(1) causing emotional dependency of the patient/staff;(2) causing unnecessary dependence outside the therapeutic relationship;(3) breach of trust; and(4) imposing coercive power over the patient/staff.(f) A third impartial person who is the same sex as the patient must be present in the examining room if a patient is asked to disrobe or if the genitalia are examined.(g) The practitioner under investigation for sexual misconduct may be required to have a complete medical evaluation, including appropriate mental and physical examination. Laboratory examination should include appropriate urine and blood drug screens.(h) The psychiatric history and mental status examination is to be performed by a psychiatrist knowledgeable in the evaluation suspected of sexual misconduct. The examination may include neuropsychological testing.(i) Sexual violation or impropriety may warrant disciplinary action by the department up to and including revocation of license.(j) In the event a podiatric physician applies for license reinstatement, any petition for reinstatement will include the stipulation that additional mental and physical evaluations may be required prior to the department's review for reinstatement to ensure the continuing protection of the public.", "sourceNote": "Source Note: The provisions of this §130.57 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222507", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "E", "label": "PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS" }, "rule": { "number": "§130.58", "label": "Standards for Prescribing Controlled Substances and Dangerous Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222508", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A podiatrist must comply with all federal and state laws and regulations relating to the ordering and prescribing of controlled substances in Texas, including, but not limited to, requirements set forth by:(1) the United States Drug Enforcement Administration;(2) the United States Food and Drug Administration;(3) the Texas Health and Human Services Commission;(4) the Texas Department of Public Safety;(5) the Texas State Board of Pharmacy; and(6) the department.(b) A podiatrist must not prescribe a controlled substance except for a valid podiatric medical purpose and in the course of podiatric practice.(c) A podiatrist must not confer upon and must not delegate prescriptive authority (the act of prescribing or ordering a drug or device) to any other person.(d) A podiatrist may designate an agent to communicate a prescription to a pharmacist. The podiatrist remains personally responsible for the actions of the designated agent who communicates a prescription to a pharmacist. A podiatrist who designates an agent must:(1) on request, provide a pharmacist with a copy of the podiatrist's written authorization for a designated agent to communicate a prescription; and(2) maintain a list of the designated agents at the podiatrist's usual place of business.(e) Responsible prescribing of controlled substances requires that a podiatrist consider certain elements prior to issuing a prescription, including, but not limited to:(1) reviewing the patient's Schedule II, III, IV, and V prescription drug history report by accessing the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database;(2) the patient's date of birth matches with proper identification;(3) an initial comprehensive history and physical examination is performed;(4) the Schedule II prescription copy is in the chart or record found for each prescription written; and(5) alternative therapy (e.g. ultrasound, TENS) discussed and prescribed for the patient.(f) Prior to prescribing opioids, benzodiazepines, barbiturates, or carisoprodol, a podiatrist must review the patient's Schedule II, III, IV, and V prescription drug history report by accessing the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database. Failure to do so is grounds for disciplinary action by the department.(g) Prior to prescribing any controlled substance, a podiatrist may review the patient's Schedule II, III, IV, and V prescription drug history report by accessing the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database.(h) An employee of the podiatrist acting at the direction of the podiatrist may perform the function described in subsection (e) and (f) so long as that employee acts in compliance with HIPAA and only accesses information related to a particular patient of the podiatrist.(i) A podiatrist or an employee of a podiatrist acting at the direction of the podiatrist may access the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database to inquire about the podiatrist's own Schedule II, III, IV, and V prescription drug activity.(j) A podiatrist or an employee of a podiatrist acting at the direction of the podiatrist may not access the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database for reasons not directly related to a patient under their care. Unauthorized access is grounds for disciplinary action by the department.(k) If a podiatrist uses an electronic medical records management system (health information exchange) that integrates a patient's Schedule II, III, IV, and V prescription drug history data from the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database, a review of the electronic medical records management system (health information exchange) with the integrated data must be deemed compliant with the review of the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database as required under §481.0764(a) of the Texas Health and Safety Code and these rules.(l) The duty to access a patient's Schedule II, III, IV, and V prescription drug history report through the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database as described in subsection (e) does not apply in the following circumstances:(1) it is clearly noted in the patient's medical record that the patient has a diagnosis of cancer or is in hospice care; or(2) the podiatrist or an employee of the podiatrist makes a good faith attempt to access the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database but is unable to access the information because of circumstances outside the control of the podiatrist or an employee of the podiatrist and the good faith attempt and circumstances are clearly documented in the patient's medical record for prescribing a controlled substance.(m) Information obtained from the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database may be included in any form in the searched patient's medical record and is subject to any applicable state or federal confidentiality, privacy or security laws.(n) In accordance with Texas Health and Safety Code Chapter 483, Subchapter E., a podiatrist may prescribe an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose or to a family member, friend, or other person in a position to assist the person who is at risk of experiencing an opioid-related drug overdose. A podiatrist who prescribes an opioid antagonist must document the basis for the prescription in the medical record of the person who is at risk of experiencing an opioid-related drug overdose.", "sourceNote": "Source Note: The provisions of this §130.58 adopted to be effective September 1, 2019, 44 TexReg 4725; amended to be effective July 1, 2020, 45 TexReg 4333; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222508", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "E", "label": "PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS" }, "rule": { "number": "§130.59", "label": "Opioid Prescription Limits and Required Electronic Prescribing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222509", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In this section, \"acute pain\" means the normal, predicted, physiological response to a stimulus such as trauma, disease, and operative procedures. Acute pain is time limited and the term does not include:(1) chronic pain;(2) pain being treated as part of cancer care;(3) pain being treated as part of hospice or other end-of-life care; or(4) pain being treated as part of palliative care.(b) For the treatment of acute pain, a podiatrist must not:(1) issue a prescription for an opioid in an amount that exceeds a 10-day supply; or(2) provide for a refill of an opioid.(c) After January 1, 2021, all controlled substances must be prescribed electronically except:(1) in an emergency or in circumstances in which electronic prescribing is not available due to temporary technological or electronic failure, in a manner provided for by the Texas State Board of Pharmacy rules;(2) by a practitioner to be dispensed by a pharmacy located outside this state, in a manner provided for by the Texas State Board of Pharmacy rules;(3) when the prescriber and dispenser are in the same location or under the same license;(4) in circumstances in which necessary elements are not supported by the most recently implemented national data standard that facilitates electronic prescribing;(5) for a drug for which the United States Food and Drug Administration requires additional information in the prescription that is not possible with electronic prescribing;(6) for a non-patient-specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency or in other circumstances in which the practitioner may issue a non-patient-specific prescription;(7) for a drug under a research protocol;(8) by a practitioner who has received a waiver under Section 481.0756 of the Texas Health and Safety Code from the requirement to use electronic prescribing, as provided by subsections (d) - (e); or(9) under circumstances in which the practitioner has the present ability to submit an electronic prescription but reasonably determines that it would be impractical for the patient to obtain the drugs prescribed under the electronic prescription in a timely manner and that a delay would adversely impact the patient's medical condition.(d) To obtain a waiver of the requirement to use electronic prescribing, a practitioner must submit a waiver request on a form approved by the department.(1) The waiver request form must document sufficient evidence of the circumstances justifying the waiver as outlined in subsection (e).(2) A waiver granted by the department under this section shall expire one year after the date of approval.(3) A practitioner must reapply for a subsequent waiver not earlier than the 30th day before the date the waiver expires if the circumstances that necessitated the waiver continue.(e) A practitioner's waiver of electronic prescribing request form must contain sufficient evidence of one or more of the following that, in the judgment of the executive director, justify the issuance of a waiver:(1) economic hardship, including:(A) any special situational factors affecting either the cost of compliance or ability to comply;(B) the likely impact of compliance on profitability or viability; and(C) the availability of measures that would mitigate the economic impact of compliance;(2) technological limitations not reasonably within the control of the practitioner;(3) issuance of fifty or fewer prescriptions for controlled substances in the year immediately prior to the application for a waiver, as documented by the Texas Prescription Monitoring Program; or(4) other exceptional circumstances demonstrated by the practitioner.(f) The department may revoke or refuse to issue a waiver under this section if the practitioner violates or attempts to violate any provision of Texas Occupations Code, Chapters 51 or 202, this chapter, or any rule or order of the executive director or commission.", "sourceNote": "Source Note: The provisions of this §130.59 adopted to be effective July 1, 2020, 45 TexReg 4333; amended to be effective April 1, 2021, 46 TexReg 2006; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222509", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "F", "label": "FEES" }, "rule": { "number": "§130.60", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222510", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fees paid to the department are non-refundable.(b) Fees are as follows:(1) Temporary Residency License (Initial and Renewal)--$125(2) Extended Temporary License extension--$50(3) Provisional License--$125(4) Doctor of Podiatric Medicine Initial License--$750(5) Doctor of Podiatric Medicine Renewal License--$700(6) Limited Faculty Initial License--$125(7) Limited Faculty Renewal License--$60(8) Voluntary Charity Care Status License (Initial and Renewal)--$0(9) Inactive Status License (Initial and Renewal)--$0(10) Active Duty Military Members--$0(11) Hyperbaric Oxygen Certificate (Initial and Renewal)--$25 if issued or renewed before January 1, 2025; $50 if issued or renewed on or after January 1, 2025(12) Nitrous Oxide Registration (Initial and Renewal)--$25 if issued or renewed before January 1, 2025; $50 if issued or renewed on or after January 1, 2025(13) Podiatric Medical Radiological Technician Registration (Initial and Renewal) --$25 if issued or renewed before January 1, 2025; $50 if issued or renewed on or after January 1, 2025(14) Duplicate License/replacement license--$25(15) The fee for a criminal history evaluation letter is the fee prescribed under §60.42.(16) A dishonored payment fee is the fee prescribed under §60.82.(17) Late renewal fees for licenses issued under this chapter are provided under §60.83.", "sourceNote": "Source Note: The provisions of this §130.60 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective September 1, 2019, 44 TexReg 4725; amended to be effective July 1, 2020, 45 TexReg 4333; amended to be effective March 1, 2022, 47 TexReg 913; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222510", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§130.70", "label": "Complaints and Claims" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192701", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensee must display a department-approved sign or provide to all patients and consumers a brochure that notifies consumers or recipients of services of the name, mailing address, website, and telephone number of the department and a statement informing consumers or recipients of services that complaints against a licensee can be directed to the department.(b) The sign must be conspicuously and prominently displayed in a location where it may be seen by all patients. The consumer brochure, if chosen, must be prominently displayed and available to patients and consumers at all times.(c) Each defendant practitioner against whom a professional liability claim or complaint has been filed must report the claim or complaint to the department. The information is to be reported by insurers or other entities providing medical professional liability insurance for a practitioner. If an insurance carrier does not adequately report, reporting must be the responsibility of the practitioner.(d) One separate report must be filed for each defendant insured practitioner.(e) The information must be provided within 30 days of receipt of the claim or suit. A copy of the claim letter or petition must be attached.(f) The information reported must contain at least the requested data as follows:(1) There must be enough identification data available to enable department staff to match the closure report to the original file. The data required to accomplish this include:(A) name and license number of defendant practitioner(s); and(B) name of plaintiff; or(2) A court order or settlement agreement is acceptable and should contain the necessary information to match the closure information to the original file.(g) Failure by a licensed insurer to report under this section must be referred to the Texas Department of Insurance and sanctions under the Texas Insurance Code maybe imposed for failure to report.(h) For the purposes of this section, a professional liability claim or complaint shall be defined as a cause of action against a practitioner for treatment, or other claimed departure from accepted standards of medical or health care or safety which proximately results in injury to or death of the patient, whether the patient's claim or cause of action sounds in tort or contract to include:(1) interns;(2) residents;(3) supervising practitioner;(4) on-call practitioner;(5) consulting practitioner; and(6) practitioners who administer, read, or interpret laboratory tests, x-rays, and other diagnostic studies.(i) Claims that are not required to be reported under this chapter but which may be reported include, but are not limited to, the following:(1) Product liability claims;(2) antitrust allegations;(3) allegations involving improper peer review activities;(4) civil rights violations;(5) allegations of liability for injuries occurring on a podiatric physician's property, but not involving a breach of duty in the podiatric physician-patient relationship; or(6) business disputes.(j) Claims that are not required to be reported under this chapter may however be voluntarily reported pursuant to the provisions of the Act.", "sourceNote": "Source Note: The provisions of this §130.70 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192701", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§130.71", "label": "Enforcement Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222511", "queryAsDate": "03/11/2026" }, "ruleBody": "The enforcement authority granted under Texas Occupations Code, Chapters 51 and 202 and any associated rules may be used to enforce Texas Occupations Code, Chapter 202 and this chapter.", "sourceNote": "Source Note: The provisions of this §130.71 adopted to be effective November 1, 2018, 43 TexReg 6953." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222511", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§130.72", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222512", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a person or entity violates or attempts to violate any provision of Texas Occupations Code, Chapters 51 or 202, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapters 51 and 202, any associated rules, and consistent with the department's enforcement plan.(b) A person authorized to receive information by accessing the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database must not disclose or use the information in a manner not authorized by law.(c) A person authorized to receive information by accessing the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database commits an offense if the person discloses or uses the information in a manner not authorized by law.(d) A person authorized to receive information by accessing the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database commits an offense if the person makes a material misrepresentation or fails to disclose a material fact in the request for information.(e) The department shall deny an application for license, and shall revoke the license of a person licensed under Chapter 202, Texas Occupations Code, as required by Chapter 108, Subchapter B, Texas Occupations Code.(f) A person whose application for licensure has been denied, or whose license has been revoked, pursuant to Texas Occupations Code, Chapter 108, Subchapter B may reapply or seek reinstatement as provided by that subchapter.", "sourceNote": "Source Note: The provisions of this §130.72 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective September 1, 2019, 44 TexReg 4725; amended to be effective July 1, 2020, 45 TexReg 4333; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222512", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§130.73", "label": "Conditions of Suspension of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208728", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Suspension of a license means that the office of the practitioner is to be closed for the purposes of receiving, diagnosing, treating, or consulting with patients.(1) The suspended practitioner must not participate for income in any professional activity that is directly related to:(A) the diagnosis of a patient;(B) the treatment of a patient; or(C) activities that involve consultation services related to management of a practice.(2) The suspended practitioner may refer patients to another practitioner for treatment or consultation during the period of the suspension, but the suspended practitioner must not derive any income from such referrals.(3) The suspended practitioner may allow another practitioner to see the suspended practitioner's patients during the period of the suspension, in the suspended practitioner's office or the other practitioner's office, but the suspended practitioner must not derive income from the other practitioner by way of referral fees, or the like.(b) The practitioner's office may remain open for the purposes of administrative work, including making future appointments, arranging referrals, handling mail, processing accounts, billing, and insurance matters, and other similar matters not directly related to the diagnosis and treatment of patients.(c) If the suspended practitioner shares offices with another practitioner, the other practitioner shall be allowed to continue to practice.(1) The suspended practitioner must not share income with the other practitioner, including any income derived in any way from the diagnosis or treatment of patients.(2) The department may, through unannounced visits or by requesting documentation, check on the business arrangement that the suspended practitioner has with the other practitioner(s) regarding the renting of equipment, rental of business facilities, referral fees or any other negotiated arrangement so as to be sure that the suspended practitioner is not deriving any monies from the practice of podiatric medicine.(d) If a license suspension is probated, the commission or executive director may require the licensee to:(1) report regularly to the department on matters that are the basis of the probation;(2) limit practice to the areas prescribed by the commission or executive director; or(3) continue or review continuing professional education until the licensee attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.", "sourceNote": "Source Note: The provisions of this §130.73 adopted to be effective November 1, 2018, 43 TexReg 6953; amended to be effective December 1, 2024, 49 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208728", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "130", "label": "PODIATRIC MEDICINE PROGRAM" }, "subchapter": { "number": "G", "label": "ENFORCEMENT" }, "rule": { "number": "§130.75", "label": "Establishment of Enforcement Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222366", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The department will develop procedures to incorporate podiatry-related expertise into the department's investigation and resolution of complaints.(b) The department will seek input regarding the procedures developed under this section from the advisory board.(c) The procedures developed under this section may include obtaining podiatry-related expertise from one or more of the following sources:(1) A current or former member of the advisory board;(2) A department staff expert;(3) An outside expert with relevant education, training, or experience; or(4) A panel consisting of any combination of the individuals listed in paragraphs (1) - (3).(d) Opinions or recommendations obtained under subsection (c) are not binding on the department or commission.(e) The procedures developed under this section must include provisions to protect information that is confidential by law.", "sourceNote": "Source Note: The provisions of this §130.75 adopted to be effective May 1, 2022, 47 TexReg 2525." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222366", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "131", "label": "PROCEDURAL RULES DURING TEMPORARY ADMINISTRATION OF THE TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "rule": { "number": "§131.1", "label": "Authority and Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222367", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority. This chapter is adopted under the authority of Texas Occupations Code, Chapters 51 and 801.(b) Applicability. This chapter prescribes procedural rules during the department's temporary administration of the board.(c) Conflicts. In the event of a conflict between this chapter, the rules of the board under 22 TAC Chapter 575, and the rules of the department under 16 TAC, Chapter 60:(1) This chapter prevails over any conflicting provision in Chapter 575 or Chapter 60;(2) Unless otherwise specified in law, where there is no applicable provision in this chapter, the provisions of Chapter 575 prevail over a conflicting provision of Chapter 60; and(3) Where there is no applicable provision in either this chapter or Chapter 575, the provisions of Chapter 60 prevail.", "sourceNote": "Source Note: The provisions of this §131.1 adopted to be effective December 1, 2024, 49 TexReg 9548." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222367", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "131", "label": "PROCEDURAL RULES DURING TEMPORARY ADMINISTRATION OF THE TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "rule": { "number": "§131.11", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222368", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Where applicable, the definitions contained in Texas Occupations Code Chapter 801, Texas Government Code Chapter 2001, and 16 TAC §60.10 are incorporated into this chapter.(b) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Board - The Texas Board of Veterinary Medical Examiners.(2) Commission - The Texas Commission of Licensing and Regulation.(3) Department - The Texas Department of Licensing and Regulation.(4) Executive Director - The head administrative official of the department or board, as specified.(5) License - A license, certificate, registration, title, commission, or permit issued by the department or board.(6) License holder - A person who holds a license issued by the department or board.(7) Party - A person or state agency named or admitted as a party to participate in a contested case.(8) Sanction - An action against a license holder or another person, including the denial, suspension, or revocation of a license, the reprimand of a license holder, the placement of a license holder on probation, or refusal to renew.(9) Veterinary Licensing Act - Texas Occupations Code, Chapter 801.", "sourceNote": "Source Note: The provisions of this §131.11 adopted to be effective December 1, 2024, 49 TexReg 9548." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222368", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "131", "label": "PROCEDURAL RULES DURING TEMPORARY ADMINISTRATION OF THE TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "rule": { "number": "§131.21", "label": "Contested Case Proceedings at SOAH" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222369", "queryAsDate": "03/11/2026" }, "ruleBody": "Contested case hearings at SOAH, including the period for exceptions and replies, are governed by Texas Government Code, Chapter 2001 and the SOAH rules under 1 TAC Chapter 155.", "sourceNote": "Source Note: The provisions of this §131.21 adopted to be effective December 1, 2024, 49 TexReg 9548." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222369", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "131", "label": "PROCEDURAL RULES DURING TEMPORARY ADMINISTRATION OF THE TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "rule": { "number": "§131.23", "label": "Interlocutory or Interim Appeals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222370", "queryAsDate": "03/11/2026" }, "ruleBody": "Notwithstanding the provisions of 22 TAC §575.30(f), no interlocutory or interim appeals are permitted.", "sourceNote": "Source Note: The provisions of this §131.23 adopted to be effective December 1, 2024, 49 TexReg 9548." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222370", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "131", "label": "PROCEDURAL RULES DURING TEMPORARY ADMINISTRATION OF THE TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "rule": { "number": "§131.25", "label": "Commission and Board Consideration of Contested Cases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222371", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Commission as decision-maker. The commission may delegate to the board, the executive director of the board, or the executive director of the department the authority to decide contested cases. Such delegation is revocable. Unless so delegated, the commission is the decision-maker of all contested cases under the Veterinary Licensing Act, and the provisions of this section will apply. Should the commission delegate authority to decide contested cases, the terms of the delegation will override any conflicting provision in this section.(b) Board to make recommendation. Following the issuance of a proposal for decision, the board, in an open meeting and in accordance with its procedural rules, may permit the parties to present oral arguments. The board will make a written recommendation to the commission on the resolution of the case, and will notify the parties or their representatives of its recommendation by postal or electronic mail. The board's recommendation is not binding on the commission. No motion for rehearing or reconsideration may be considered by the board following its recommendation.(c) Commission consideration of board's recommendation regarding proposals for decision. After receiving the board's recommendation relating to the adoption or modification of a proposal for decision, the Commission will consider the case in an open meeting unless it has delegated decision-making authority to the board. The commission may, in its sole discretion, hear oral argument in the matter.(d) Oral argument. If oral argument is permitted at a board or commission meeting at which a contested case is considered, argument must be restricted to summation of testimony and evidence presented during the SOAH hearing or admitted into the SOAH record, including filings of the parties, exceptions, dispositions, and the responses, and suggested inferences from the evidentiary record. No new testimony, witnesses, or information may be considered.(e) Sanctions. In determining the appropriate disciplinary action for a violation, the commission will consider the factors listed under §801.411(b) of the Veterinary Licensing Act and the schedule of sanctions provided under 22 TAC §575.25.", "sourceNote": "Source Note: The provisions of this §131.25 adopted to be effective December 1, 2024, 49 TexReg 9548." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222371", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "131", "label": "PROCEDURAL RULES DURING TEMPORARY ADMINISTRATION OF THE TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "rule": { "number": "§131.27", "label": "Motions for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222372", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may delegate to the board the authority to accept and rule upon motions for rehearing. Unless so delegated, the commission will rule upon motions for rehearing and the provisions of this section will apply. Should the commission delegate this authority, the terms of the delegation will override any conflicting provision in this section.(b) A motion for rehearing in a contested case under the Veterinary Licensing Act must be filed with the department and will be handled in accordance with Texas Government Code, Chapter 2001, Subchapter F, and 16 Texas Administrative Code §60.309.(c) The commission may, in its sole discretion, hear oral argument on a motion for rehearing related to a contested case under the Veterinary Licensing Act.", "sourceNote": "Source Note: The provisions of this §131.27 adopted to be effective December 1, 2024, 49 TexReg 9548." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222372", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "131", "label": "PROCEDURAL RULES DURING TEMPORARY ADMINISTRATION OF THE TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "rule": { "number": "§131.29", "label": "Proceedings for the Modification or Termination of Agreed Orders and Disciplinary Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226818", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No new right to relief created. This section governs proceedings to modify or terminate agreed orders and disciplinary orders where a right to seek such relief exists under current law and does not create a new right to such relief.(b) Commission as decision-maker. The commission may delegate to the board or the executive director of the department the authority to rule upon motions to modify or terminate agreed orders or disciplinary orders. Such delegation is revocable. Unless so delegated, the commission will rule upon all such motions. Should the commission delegate this authority, the terms of the delegation will override any conflicting provision in this section.(c) Board to issue recommendation. The board will receive and consider motions to modify or terminate agreed orders or disciplinary orders in accordance with the Veterinary Licensing Act and the board's procedural rules. Following board deliberation of the motion, the board will make a written recommendation to the commission on the resolution of the case and notify the parties or their representatives of its recommendation by postal or electronic mail.(d) Following the issuance of the board's recommendation, the commission will rule upon the motion.", "sourceNote": "Source Note: The provisions of this §131.29 adopted to be effective December 1, 2024, 49 TexReg 9548." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226818", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "A", "label": "LOTTERY PROCUREMENT, LOTTERY ADVISORY COMMITTEE, AND BINGO ADVISORY COMMITTEE" }, "rule": { "number": "§140.1", "label": "Lottery Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226819", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. Unless the context clearly indicates otherwise, words and terms used in this section have the same meanings as used in Texas Government Code, Chapter 466, and Texas Occupations Code, Chapter 51.(b) Membership.(1) The Lottery Advisory Committee consists of nine members appointed by the presiding officer of the commission, with the commission's approval, as follows:(A) one member who represents the public;(B) one member who is a licensed sales agent;(C) two members who represent interest groups with divergent viewpoints on the lottery and lottery operations;(D) two members who represent entities associated with or benefiting from the lottery's contributions to this state;(E) one member with experience in lottery law enforcement; (F) one member with experience in lottery legal matters;(G) one member with experience in lottery finance;(2) In appointing advisory committee members, the presiding officer of the commission shall consider the geographical diversity of the members.(c) Eligibility.(1) If a license is required to hold any of the member positions identified in subsection (b), the license must be issued by the State of Texas and be in and remain in good standing for the balance of the term.(2) A member representing the public may not be an individual who is:(A) a sales agent or an applicant for a sales agent license;(B) an employee or prospective employee of the department; (C) a person required to be named in a license application; (D) a lottery operator or prospective lottery operator;(E) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations;(F) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery;(G) a person who has submitted a written bid or proposal to the department in connection with the procurement of goods or services by the department;(H) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; or(I) a person who proposes to enter into or who has a contract with the department to supply goods or services to the department.(3) A member must meet all criminal history standards established by the department.(4) An applicant for membership must provide complete and accurate information on the department's application form.(d) Terms, Vacancies, and Removals.(1) Members serve staggered six-year terms, with the terms of three members expiring on September 1 of each odd-numbered year. For the first appointments, three members will serve two-year terms, three members will serve four-year terms, and three members will serve six-year terms.(2) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, will appoint a replacement to fill the unexpired term.(3) The presiding officer of the commission will appoint one of the advisory committee members to serve as the presiding officer of the advisory committee for a term of two years. (4) Advisory committee members do not receive compensation or reimbursement for serving as a member.(5) Advisory committee members serve at the pleasure of the commission. An advisory committee member may be removed from the advisory committee by the presiding officer of the commission, with the commission's approval, on any of the following grounds:(A) the member does not have at the time of becoming a member of the advisory committee the qualifications required by the law or rule authorizing appointment of the member;(B) the member does not maintain during service on the advisory committee the qualifications required by the law or rule authorizing appointment of the member;(C) the member cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;(D) the member is absent from more than half of the regularly scheduled advisory committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the advisory committee; or(E) the member is unfit to continue serving on the advisory committee.(6) The validity of an action of the advisory committee is not affected by the fact that it is taken when a ground for removal of a member exists.(e) Meetings.(1) The advisory committee must meet quarterly or at the commission's or department's request.(2) A quorum of the advisory committee is necessary to conduct official business. A quorum is five members.(3) Advisory committee actions require a majority vote of those members present and voting.(4) The presiding officer of the advisory committee may vote on any matter before the advisory committee.(5) Each meeting of the advisory committee must be open to the public.(6) The advisory committee may meet by telephone conference call, videoconference, or similar telecommunication method, provided that each portion of the meeting that is required to be open to the public shall be audible to the public and, in the case of a meeting held by videoconference, visible to the public. If a problem occurs that causes a meeting to no longer be visible or audible to the public as required under this subsection, the meeting must be recessed until the problem is resolved. If the problem is not resolved in six hours or less, the meeting must be adjourned. The face of each participant in a meeting held by videoconference, while that participant is speaking, must be clearly visible, and the participant's voice must be audible, to each other participant and, during the open portion of the meeting, to the members of the public. A meeting held by telephone conference call, videoconference, or other similar telecommunication method is not subject to the requirements of Texas Government Code §551.127(a-3), (b), (c), (e), (f), (h), (i), and (j).(f) Duties. The advisory committee must:(1) advise the commission and department on the needs and problems of this state's lottery industry;(2) provide input on proposed lottery rules during development and before final adoption unless an emergency requires immediate action by the commission;(3) report regularly to the commission and department on the advisory committee's activities;(4) regularly brief the commission and department on advancements and challenges in this state's lottery industry; and(5) perform other duties as determined by the commission or department.(g) Public comments on issues the advisory committee considers may be provided by the following methods.(1) Written comments may be submitted via email to board.comments@tdlr.texas.gov by noon on the first business day before the date of a meeting of the advisory committee. Comments timely received will be provided to the advisory committee members for their review before the meeting but will not be read publicly during the meeting.(2) Oral comments may be provided to the advisory committee at a public meeting by submitting a request via email to board.comments@tdlr.texas.gov by noon on the first business day before the date of a meeting of the advisory committee. The request must include the commenter's name and telephone number, the name of any person the commenter represents, and the agenda item or specific topic the commenter will address. The department will respond to the request with an email providing a website link that will enable the commenter to join the meeting virtually. The commenter will be given up to three minutes during the meeting to provide oral comments to the advisory committee. The presiding officer of the advisory committee may reduce the time provided for public comments based on the number of requests received. Oral comments must be made live during the meeting. Showing or sharing an audio or video recording is not allowed.(h) Texas Government Code, Chapter 2110, does not apply to the Lottery Advisory Committee.", "sourceNote": "Source Note: The provisions of this §140.1 adopted to be\r\neffective December 1, 2025, 50 TexReg 7562." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226819", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "A", "label": "LOTTERY PROCUREMENT, LOTTERY ADVISORY COMMITTEE, AND BINGO ADVISORY COMMITTEE" }, "rule": { "number": "§140.2", "label": "Bingo Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226149", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. Unless the context clearly indicates otherwise, words and terms used in this section have the same meanings as used in Texas Occupations Code, Chapters 51 and 2001.(b) Membership.(1) The Bingo Advisory Committee consists of nine members appointed by the presiding officer of the commission, with the commission's approval, representing a balance of interests including representatives of:(A) the public;(B) charities that operate bingo games; and(C) commercial and charity lessors that participate in the bingo industry.(2) The advisory committee must not be involved in committee member selection.(c) Eligibility.(1) If a license is required to hold any of the member positions identified in subsection (b), the license must be issued by the State of Texas and be in and remain in good standing for the balance of the term.(2) A member must not represent a licensee that is delinquent in payment of any prize fees for which a final jeopardy determination has been made by the department.(3) A member representing the public may not be an individual who is required by statute to be listed on a conductor, commercial lessor, manufacturer, or distributor license application.(4) A member must meet the criminal history standards in Texas Occupations Code §§2001.105(b), 2001.154(a)(1), 2001.202(1), and 2001.207(2) and any additional criminal history standards established by the department.(5) An applicant for membership must provide complete and accurate information on the department's application form.(d) Terms, Vacancies, and Removals.(1) Members serve staggered six-year terms, with the terms of three members expiring on September 1 of each odd-numbered year. For the first appointments, three members will serve two-year terms, three members will serve four-year terms, and three members will serve six-year terms.(2) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, will appoint a replacement to fill the unexpired term.(3) The presiding officer of the commission will appoint one of the advisory committee members to serve as the presiding officer of the advisory committee for a term of two years. (4) Advisory committee members do not receive compensation or reimbursement for serving as a member.(5) Advisory committee members serve at the pleasure of the commission. An advisory committee member may be removed from the advisory committee by the presiding officer of the commission, with the commission's approval, on any of the following grounds:(A) the member does not have at the time of becoming a member of the advisory committee the qualifications required by the law or rule authorizing appointment of the member;(B) the member does not maintain during service on the advisory committee the qualifications required by the law or rule authorizing appointment of the member;(C) the member cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;(D) the member is absent from more than half of the regularly scheduled advisory committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the advisory committee; or(E) the member is unfit to continue serving on the advisory committee.(6) The validity of an action of the advisory committee is not affected by the fact that it is taken when a ground for removal of a member exists.(e) Meetings.(1) The advisory committee must meet quarterly or at the commission's or department's request.(2) A quorum of the advisory committee is necessary to conduct official business. A quorum is five members.(3) Advisory committee actions require a majority vote of those members present and voting.(4) The presiding officer of the advisory committee may vote on any matter before the advisory committee.(5) Each meeting of the advisory committee must be open to the public.(6) The advisory committee may meet by telephone conference call, videoconference, or similar telecommunication method, provided that each portion of the meeting that is required to be open to the public shall be audible to the public and, in the case of a meeting held by videoconference, visible to the public. If a problem occurs that causes a meeting to no longer be visible or audible to the public as required under this subsection, the meeting must be recessed until the problem is resolved. If the problem is not resolved in six hours or less, the meeting must be adjourned. The face of each participant in a meeting held by videoconference, while that participant is speaking, must be clearly visible, and the participant's voice must be audible, to each other participant and, during the open portion of the meeting, to the members of the public. A meeting held by telephone conference call, videoconference, or other similar telecommunication method is not subject to the requirements of Texas Government Code §551.127(a-3), (b), (c), (e), (f), (h), (i), and (j).(f) Duties. The advisory committee must:(1) advise the commission and department on the needs and problems of the state's bingo industry;(2) provide input on rules involving bingo during their development and before final adoption unless an emergency requires immediate action by the commission;(3) report regularly to the commission and department on the committee's activities;(4) regularly brief the commission and department on advancements and challenges in this state's bingo industry; and(5) perform other duties as determined by the commission or department.(g) Texas Government Code, Chapter 2110, does not apply to the Bingo Advisory Committee.", "sourceNote": "Source Note: The provisions of this §140.2 adopted to be\r\neffective December 1, 2025, 50 TexReg 7562." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226149", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "A", "label": "LOTTERY PROCUREMENT, LOTTERY ADVISORY COMMITTEE, AND BINGO ADVISORY COMMITTEE" }, "rule": { "number": "§140.101", "label": "Lottery Procurement Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226150", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The State Lottery Act.(2) Agency--For the purposes of this subchapter that deals with procurements for the administration of the lottery, the term \"agency\" refers to the commission as defined in paragraph (5) of this subsection.(3) Best and Final Offer (BAFO)--A revised final bid or proposal submitted after all clarifications, discussions, and negotiations with the agency.(4) Executive director--The executive director of the Commission.(5) Commission--The state agency established under Chapter 466 and Chapter 467, Government Code. However, this subchapter applies only to the procurement of goods and services for the administration of the lottery authorized by the State Lottery Act. For the sake of clarity, this subchapter will refer to the commission as \"agency\" and to the appointed board as the \"Texas Lottery Commission\".(6) Cost--The price at which the agency can purchase goods and/or services.(7) Electronic State Business Daily or Business Daily--An online directory administered by the Comptroller of Public Accounts, or its successor, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards.(8) Emergency procurement--A situation requiring the state agency to make the procurement more quickly to prevent a hazard to life, health, safety, welfare, or property or to avoid undue additional cost to the state.(9) Goods--Supplies, materials, and equipment.(10) IFB--A written invitation for bids.(11) Lottery--The procedures and operations of the agency under the State Lottery Act through which prizes are awarded or distributed by chance among persons who have paid, or unconditionally agreed to pay, for a chance or other opportunity to receive a prize.(12) Nonresident bidder or proposer--A person whose principal place of business is not in Texas, but does not include a bidder whose majority owner or parent company has its principal place of business in Texas.(13) Principal place of business--The state in which the head office of a business is located, and generally, where the executive management is located and the business records are maintained.(14) Produced in Texas--Those goods that are manufactured in Texas, excluding the sole process of packaging or repackaging. Packaging or repackaging does not constitute being manufactured in Texas.(15) Proprietary purchase--A product or service that is unique to a single vendor or manufacturer and is not available from other sources.(16) Resident bidder or proposer--A person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.(17) RFP--A written request for proposals.(18) RFQ--A written request for qualifications.(19) Services--The furnishing of skilled or unskilled labor or professional work.(20) State or statewide contract--A contract for goods or services established and administered by another state agency (e.g., Texas Comptroller of Public Accounts, Texas Department of Information Resources) for use by all state agencies.(21) Texas Lottery Commission--The appointive board or commission established in Chapter 467, Government Code.(b) Use and Effect. This subchapter is prescribed for the performance of the statutory powers and functions vested in the agency. In no event shall they, or any of them, be construed as a limitation or restriction upon the exercise of any discretion authorized to be exercised by the Texas Lottery Commission.(c) Procurement method.(1) For the purchase or lease of goods and services not expected to exceed $10,000, or for the purchase or lease of goods and services available under a state contract, a competitive solicitation, whether formal or informal, may be conducted, but is not required.(2) For the purchase or lease of goods and services not expected to exceed $25,000, the agency, at a minimum, will conduct an informal competitive solicitation in an attempt to obtain at least three competitive bids and will solicit at least two HUB vendors.(3) For the purchase or lease of goods and services expected to exceed $25,000, the agency will conduct a formal competitive solicitation in an attempt to obtain at least three competitive bids or proposals and will solicit at least two HUB vendors.(4) Printing services. For the purchase of printing services over $2,500, the agency will submit print job specifications and bid requests to the State Print Shops. If no responsive bids are received from a State Print Shop or, after the results of the bid evaluation, the agency determines that best value would be achieved through a private sector vendor, the agency may perform a competitive solicitation outlined in paragraph (2) or (3) of this subsection.(5) Emergency procurement. Notwithstanding paragraphs (1) - (4) of this subsection, the agency may make an emergency purchase or lease of goods or services. Prior to making an emergency purchase or lease of goods or services, the existence of an emergency should be documented. For emergency purchases in excess of $10,000, the agency may conduct an informal competitive solicitation in an attempt to obtain at least three competitive bids, whenever possible. For emergency purchases in excess of $25,000, the procurement will be posted on the Electronic State Business Daily; however, the minimum posting requirements do not apply. Posting of the advertisement and/or the award notice satisfies this requirement. In response to an emergency, the agency may procure goods or services in the most expeditious manner deemed appropriate, including from a sole source.(6) Proprietary purchase. When the agency believes that a purchase of goods or services over $10,000 is proprietary to one vendor or one manufacturer, a written proprietary purchase justification will be included in the procurement file. If the estimated purchase price exceeds $25,000, the procurement will be posted on the Electronic State Business Daily prior to a purchase order or contract being issued.(7) Notwithstanding paragraphs (1) - (4) of this subsection, the agency may make a purchase or lease of goods or services under any other procedure not otherwise prohibited by law.(d) Informal competitive solicitations.(1) An informal competitive solicitation is a process conducted in an effort to receive at least three competitive bids for a specifically identified good or service, without the advertisement and issuance of an IFB or RFP. The bids may be solicited by letter, electronic mail, facsimile, or telephone call. The following information will be recorded by the agency in the procurement file:(A) the name and telephone number of each person or company to which the solicitation was provided;(B) the name and telephone number of the person or company submitting the bid;(C) the date the bid was received;(D) the amount of the bid;(E) bidder's Historically Underutilized Business status; and(F) the name and telephone number of the person receiving the bid for the agency.(2) The agency will award a contract to the qualified bidder submitting the lowest and best bid, except that the agency may reject all bids if it is determined to be in the best interest of the state.(3) The contract will be awarded by the issuance of a written purchase order.(e) Formal competitive solicitations.(1) A formal competitive solicitation is a process conducted in order to receive at least three sealed competitive bids or proposals pursuant to the issuance of an IFB, RFP, RFQ, or another statewide contract process, respectively.(A) An IFB will be used when the agency is able to describe, by way of established specifications, exactly what it wishes to procure, and wants bidders to offer such at a specific price. For formal competitive solicitations where an IFB is used, the agency will award a contract to the qualified bidder submitting the lowest cost responsible bid meeting all specifications and providing the best value for the agency, as determined during the evaluation of the bids.(B) An RFP will be used when the agency knows generally what it wishes to procure in order to accomplish a certain goal(s) or objective(s); requirements cannot be completely and accurately described; requirements can be satisfied in a number of ways, all of which could be acceptable; or, where oral or written communications with proposers may be necessary in order to effectively communicate requirements and/or assess proposals, and the agency wants proposers to offer a solution(s) to address such need(s) at a specific price(s). The RFP process allows for negotiations between a proposer and the issuing agency.(C) An RFQ will be used when the agency wants to procure professional services and evaluate proposers solely on their qualifications. (2) The agency will advertise formal competitive solicitations, whether by IFB, RFP, or RFQ on the Electronic State Business Daily in accordance with the Comptroller of Public Accounts posting time requirements. The agency may advertise such solicitations in other media determined appropriate by the agency.(3) For all formal competitive solicitations, the agency will award a contract to the most qualified bidder or proposer as determined during the evaluation of the bids or proposals. The agency may reject all bids or proposals if it is determined to be in the best interest of the agency. At the time a purchase order is issued or a contract is executed, the agency will notify, in writing, all other bidders or proposers of the contract award by facsimile, email or by certified mail. Any information relating to the solicitation not made privileged from disclosure by law will be made available for public disclosure, after award of a contract, pursuant to the Texas Public Information Act.(4) For those formal competitive solicitations where fewer than two bids or proposals are received, the agency will document the reasons, if known, for the lack of two bids or proposals. If fewer than two bids or proposals are received, the agency may cancel the solicitation and conduct another solicitation, or it may award a contract if one acceptable bid or proposal is received.(f) RFPs and IFBs.(1) Submission of RFP. When an RFP is used by the agency, the RFP will contain, at a minimum, the following:(A) a general description of the goods and/or services to be provided, and a specific identification of the goals or objectives to be achieved;(B) a description of the format proposals must follow and the elements they must contain; (C) the time and date proposals are due, and the location and person to whom they must be submitted;(D) an identification of the process to be utilized in evaluating proposals; and(E) a listing of the factors to be utilized in evaluating proposals and awarding a contract. At a minimum, the factors should include:(i) the proposer's price to provide the goods or services;(ii) the probable quality of the offered goods or services; (iii) the agency's evaluation of the likelihood of the proposal to produce the desired outcome for the agency, considering, among other criteria:(I) the quality of the proposer's past performance in contracting with the agency, with other state entities, or with private sector entities;(II) the qualifications of the proposer's personnel;(III) the experience of the proposer in providing the requested goods or services;(IV) the financial status of the proposer; and(iv) whether the proposer performed the good faith effort required by the HUB subcontracting plan, when the agency has determined that subcontracting is probable.(2) Submission of IFB. When an IFB is used by the agency, a bidder will submit a bid in response to the solicitation. The IFB solicitation will contain, at a minimum, the following:(A) A detailed description of the goods and/or services to be provided, and specific specifications for the goods or services to be procured;(B) A description of the format bids must follow and the elements they must contain;(C) The time and date bids are due, and the location and person to whom they must be submitted;(D) an identification of the process to be utilized in evaluating bids; and(E) a listing of the factors to be utilized in evaluating bids and awarding a purchase order. At a minimum, the factors should include:(i) the bidder's price to provide the goods or services;(ii) the probable quality of the offered goods or services; (iii) the quality of the bidder's past performance in contracting with the Texas Lottery, with other state entities or with private sector entities;(iv) the bidder's experience in providing the requested goods or services; (v) the qualifications of the bidder's personnel; and,(vi) whether the bidder performed the good faith effort required by the HUB subcontracting plan, as applicable.(3) Evaluation Process. The agency will, prior to the deadline for receipt of proposals or bids, develop and establish comprehensive evaluation criteria to be utilized by an evaluation committee in evaluating the proposals or bids. All proposals or bids that are responsive to the procurement will be reviewed by the evaluation committee. Part of the initial evaluation process may include an inspection trip to the proposer's facilities, and/or proposers may be requested to make an oral presentation to the committee. The evaluation committee may seek advice from consultants. If consultants are employed, they may be provided all information provided by the proposers or bidders. The evaluation committee will evaluate and score all proposals in accordance with the evaluation criteria.(4) Best and Final Offers (BAFO). With an RFP, the agency may select top proposers, which may each be given an opportunity to discuss, clarify, and negotiate with the agency, and submit revisions to their respective proposals to the agency through a BAFO process. During discussions between the proposers and the agency, no information from a competing proposal may be revealed by the agency to another competitor. Any type of auction practice or allowing the transfer of technical information is specifically prohibited. At the conclusion of the discussions, BAFOs may be formally requested from the proposers and a deadline will be set for submission. BAFOs will be submitted by supplemental pages and not a complete resubmission of the proposal. All BAFOs will be reviewed by the evaluation committee. The evaluation committee will evaluate and score the BAFO response together with the original proposal in accordance with the evaluation criteria.(5) Negotiation. (A) RFP. If a BAFO process is not used, the agency will attempt to negotiate a contract with the selected proposer. If a contract cannot be negotiated with the selected proposer on terms the agency determines reasonable, negotiations with that proposer will be terminated, and negotiations will be undertaken with the next highest scored proposer. This process will be continued until a contract is executed by a proposer and the agency, or negotiations with all qualified proposers are terminated. If no contract is executed, the agency may cancel the solicitation.(B) IFB. Negotiations are not authorized when utilizing an IFB procurement method; however, if only one response is received, negotiations are allowed, provided, negotiations may not result in a material change to the advertised specifications.(6) Multiple Award. The agency may award a contract to two or more vendors or contractors using a single solicitation to furnish the same or similar supplies or services, where more than one vendor or contractor is needed to meet the agency's requirements for quantity, delivery, or service.(g) RFQ.(1) Submission. When an RFQ is used by the agency, the RFQ will contain, at a minimum, the following:(A) a general description of the professional services to be performed, and a specific identification of the goals or objectives to be achieved;(B) a description of the format proposals must follow and the elements they must contain;(C) the time and date proposals are due, and the location and person to whom they are to be submitted;(D) an identification of the process to be utilized in evaluating proposals and awarding a contract; and(E) a listing of the factors to be utilized in evaluating proposals and awarding a contract. At a minimum, the factors should include:(i) the demonstrated competence and qualifications to perform the services;(ii) the quality of the proposer's past performance in contracting with the agency, with other state entities, or with private sector entities;(iii) the financial status of the proposer;(iv) the qualifications of the proposer's personnel;(v) the experience of the proposer in providing the requested services; and(vi) whether the proposer performed the good faith effort required by the HUB subcontracting plan, when the agency has determined that subcontracting is probable.(2) Evaluation Process. The agency will, prior to the deadline for receipt of proposals, develop and establish comprehensive evaluation criteria to be utilized by an evaluation committee in evaluating the proposals. All proposals that are responsive to the RFQ will be reviewed by the evaluation committee. The evaluation committee will evaluate and score all proposals in accordance with the evaluation criteria.(3) Negotiation. The agency will then attempt to negotiate a contract, for a fair and reasonable price, with the selected proposer; or, the agency may engage in simultaneous negotiations with multiple proposers. If a contract cannot be negotiated with the selected proposer on terms the agency determines reasonable, negotiations with that proposer will be terminated, and negotiations will be undertaken with the next highest scored proposer. This process will continue until a contract is executed by a proposer and the agency, or negotiations with all qualified proposers are terminated. If no contract is executed, the agency may cancel the solicitation.(h) Preferences.(1) If, after application of the preferences required by Texas law, a tie continues, the contract award will be made by the drawing of lots.(2) A bidder or proposer entitled to a preference(s) under Texas law shall claim the preference(s) in its bid or proposal.(i) Contract terms. A contract for the purchase or lease of goods or services relating to the implementation, operation, or administration of the lottery will provide that the executive director may terminate the contract, without penalty, if an investigation made pursuant to the Act reveals that the person to whom the contract was awarded would not be eligible to receive a sales agent license under the State Lottery Act, Texas Government Code, §466.155. An IFB, RFP or RFQ may require that bidders or proposers provide in their bids or proposals sufficient information to allow the agency to determine whether the bidder or proposer meets the eligibility requirements for a sales agent license.", "sourceNote": "Source Note: The provisions of this §140.101 adopted to\r\nbe effective March 16, 2009, 34 TexReg 1841; amended to be effective\r\nApril 25, 2013, 38 TexReg 2507; amended to be effective February 25,\r\n2015, 40 TexReg 814; amended to be effective December 31, 2015, 40\r\nTexReg 9632; amended to be effective May 2, 2019, 44 TexReg 2156;\r\namended to be effective November 11, 2021, 46 TexReg 7597; amended\r\nto be effective February 26, 2025, 50 TexReg 984; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226150", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "A", "label": "LOTTERY PROCUREMENT, LOTTERY ADVISORY COMMITTEE, AND BINGO ADVISORY COMMITTEE" }, "rule": { "number": "§140.102", "label": "Protests of the Terms of a Formal Competitive Solicitation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226151", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person aggrieved by the terms of any formal solicitation may protest the agency's action to the director of administration. If the director of administration cannot resolve the protest, the aggrieved party may appeal the director of administration's decision to the executive director. If the executive director cannot resolve the protest, the aggrieved party may appeal the executive director's decision to the Texas Lottery Commission. At any time, the executive director may refer a protest directly to the Texas Lottery Commission for determination. The procedures applicable to an appeal to the commission will then apply.(b) A protest of the terms of any formal solicitation must be filed electronically with the commission's general counsel, by email to legal.input@lottery.state.tx.us, within 72 hours after issuance of the formal competitive solicitation. The protestant must include its email address with the protest. A protest is considered timely filed if it is electronically filed before the filing deadline. An electronically filed protest is deemed filed when transmitted to the protestant's electronic filing service provider. Unless otherwise requested by the commission, the protestant is not required to file a paper copy of its protest. For good cause shown by the protestant, the commission may allow an alternate form of filing. The electronically filed protest must be in a text-searchable PDF format. The protestant is solely responsible for ensuring its protest is complete and filed timely with the office of the general counsel. A protest not filed timely will not be considered, and the protestant will be so notified in writing by the commission's general counsel by electronic notice sent to the protestant's designated email address. A protestant may supplement its timely filed protest. The deadline to supplement is 5 p.m. central time, 10 calendar days after the formal solicitation is issued.(c) To be considered, a protest must contain:(1) a specific identification of the statutory provision, rule provision, or procurement procedure allegedly violated;(2) a brief statement of the relevant facts;(3) an identification of the issue or issues to be resolved;(4) arguments and authorities in support of the protest; and(5) an affidavit that the contents of the protest are true and correct.(d) In the event of a timely filed protest of a formal competitive solicitation, the agency will suspend the solicitation pending resolution of the protest unless the executive director determines, in writing, that such action is not necessary to protect the interests of the lottery.(e) The director of administration will review the protest, and the solicitation file, and will make a written determination of the protest, which may include canceling the solicitation. The director of administration's written determination will be served by email on the protestant. Confirmation that the notice was sent to an email address designated for the receipt of correspondence in the procurement will be conclusive proof that delivery was made. The decision of the director of administration may be appealed to the executive director. The appeal must be filed electronically with the commission's general counsel by 5 p.m. the next business day after issuance of the written determination. An appeal is considered timely filed if it is electronically filed before the filing deadline. An electronically filed appeal is deemed filed when transmitted to the protestant's electronic filing service provider.(f) On appeal of the director of administration's determination, the executive director will review the protest, the solicitation file, any responses, and the director of administration's determination, including any reasoning that supports the determination. The executive director will then make a written determination of the appeal, which may include canceling the solicitation. The executive director's written determination will be served, by email on the protestant. Confirmation that the notice was sent to an email address designated for the receipt of correspondence in the procurement will be conclusive proof that delivery was made. An appeal to the Texas Lottery Commission of the determination of the executive director must be filed electronically with the commission's general counsel by 5 p.m. the next business day after issuance of the written determination. An appeal is considered timely if it is electronically filed before the filing deadline. An electronically filed appeal is deemed filed when transmitted to the protestant's electronic filing service provider.(g) On timely receipt of the notice of appeal to the Texas Lottery Commission, the general counsel will appoint a staff attorney who did not participate in drafting the solicitation and did not render legal advice with respect to the solicitation to evaluate the protest. The staff attorney will make a written recommendation to the Texas Lottery Commission, including proposed findings of fact and conclusions of law.(h) The Texas Lottery Commission, at its discretion, may allow oral argument by the protestant and any necessary agency staff. The Texas Lottery Commission may limit the time for oral argument. Oral argument must be based solely on the written protest. The executive director may be present to respond to questions and will have the opportunity to make a presentation to the Texas Lottery Commission regarding the protest of the terms of the formal competitive solicitation. The staff attorney who made the written recommendation to the Texas Lottery Commission may also be present to respond to any questions.(i) The Texas Lottery Commission will make a written determination of the protest. To make its determination, the commission will review:(1) The protest;(2) The solicitation file;(3) The oral argument, and executive director's presentation, if any;(4) The executive director's determination, including any reasoning that supports the determination; and(5) The staff attorney's recommendation. The written determination on the protest may include a determination canceling the solicitation. The Texas Lottery Commission's written determination will be served by email on the protestant. Confirmation that the notice was sent to an email address designated for the receipt of correspondence in the procurement will be conclusive proof that delivery was made. The Texas Lottery Commission's determination shall be administratively final when issued.", "sourceNote": "Source Note: The provisions of this §140.102 adopted\r\nto be effective March 16, 2009, 34 TexReg 1845; amended to be effective\r\nApril 25, 2013, 38 TexReg 2507; amended to be effective December 31,\r\n2015, 40 TexReg 9632; amended to be effective February 26, 2025, 50\r\nTexReg 984; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226151", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "A", "label": "LOTTERY PROCUREMENT, LOTTERY ADVISORY COMMITTEE, AND BINGO ADVISORY COMMITTEE" }, "rule": { "number": "§140.103", "label": "Protests of Contract Award" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226152", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any bidder or proposer aggrieved by a contract award may protest the agency's action to the director of administration. If the director of administration cannot resolve the protest, the aggrieved party may appeal the director of administration's decision to the executive director. If the executive director cannot resolve the protest, the aggrieved party may appeal the executive director's decision to the Texas Lottery Commission. At any time, the executive director may refer the protest directly to the Texas Lottery Commission for determination. The procedures applicable to an appeal to the commission will then apply.(b) A protest of any contract award must be filed electronically with the commission's general counsel, by email to legal.input@lottery.state.tx.us, within 72 hours after receipt of notice of contract award. A copy of the protest must be delivered to the successful bidder or proposer at the same time that the protest or supplement is delivered to the agency. The protestant must include its email address with the protest. A protest is considered timely filed if it is electronically filed before the filing deadline. An electronically filed protest is deemed filed when transmitted to the protestant's electronic filing service provider. Unless otherwise requested by the commission, the protestant is not required to file a paper copy of its protest. For good cause shown by the protestant, the commission may allow an alternate form of filing. The electronically filed protest must be in a text-searchable PDF format. The protestant is solely responsible for ensuring its protest is complete and filed timely with the office of the general counsel and a copy is sent to the successful bidder or proposer. A protest not filed timely will not be considered, and the protestant will be so notified in writing by the commission's general counsel by electronic notice sent to the protestant's designated email address, or the email address identified for notices in the procurement response. A protestant may supplement its timely filed protest. The deadline to supplement is 5 p.m. central time, 10 calendar days after notice of contract award.(c) In the event of a protest of a contract award, the successful bidder(s) or proposer(s) may file a written response electronically to the protest within 72 hours after the office of the general counsel's receipt of the protest or any supplemental filing. The successful bidder(s) or proposer(s) must include its email address with the response. A response is considered timely filed if it is electronically filed before the filing deadline. An electronically filed response is deemed filed when transmitted to the successful bidder(s) or proposer(s)'s electronic filing service provider. The electronically filed response must be in a text-searchable PDF format. The successful bidder(s) or proposer(s) is solely responsible for ensuring the response is complete and filed timely with the office of the general counsel. Responses not filed timely will not be considered, and the successful bidder(s) or proposer(s) will be so notified in writing by the commission's general counsel by electronic notice sent to the successful bidder(s) or proposer(s)'s designated email address, or the email address identified for notices in the procurement response.(d) To be considered, a protest must contain:(1) a specific identification of the statutory provision, rule provision, or procurement procedure allegedly violated;(2) a brief statement of the relevant facts;(3) an identification of the issue or issues to be resolved;(4) arguments and authorities in support of the protest;(5) an affidavit that the contents of the protest are true and correct; and(6) a certification that a copy of the protest has been served on the successful proposer(s).(e) In the event of a timely filed protest of a contract award, the executive director will be notified and may abate the award of the contract until the protest is finally resolved.(f) The director of administration will review the protest, the contract award file, any responses, and will make a written determination of the protest, which may include canceling the award of the contract. The director of administration's written determination will be served, by facsimile or by email, on the protestant and the successful bidder(s) or proposer(s). Confirmation that the notice was sent to an email address designated for the receipt of correspondence, will be conclusive proof that delivery was made. The decision of the director of administration may be appealed to the executive director. The appeal must be filed electronically with the commission's general counsel by 5 p.m. of the next business day after issuance of the written determination. An appeal is considered timely filed if it is electronically filed before the filing deadline. An electronically filed appeal is deemed filed when transmitted to the protestant's electronic filing service provider.(g) The successful bidder(s) or proposer(s) may file a response electronically to the appeal of a determination made by the director of administration or the executive director by 5 p.m. of the next business day after notice of the commission's receipt of the appeal. The successful bidder(s) or proposer(s) must include its email address with the response. A response is considered timely filed if it is electronically filed before the filing deadline. An electronically filed response is deemed filed when transmitted to the successful bidder(s) or proposer(s)'s electronic filing service provider. Unless otherwise requested by the commission, the successful bidder(s) or proposer(s) is not required to file a paper copy of its response. The electronically filed response must be in text-searchable PDF format. The successful bidder(s) or proposer(s) is solely responsible for ensuring the response is complete and filed timely with the office of the general counsel. Responses not filed timely will not be considered, and the respondent will be so notified in writing by the commission's general counsel by electronic notice sent to the successful bidder(s) or proposer(s)'s designated email address.(h) On appeal of the director of administration's determination, the executive director will review the protest, the contract award file and responses, and the director of administration's determination, including any reasoning that supports the determination. The executive director will then make a written determination of the protest, which may include abating the award of the contract. The executive director's written determination will be served by email on the protestant. Confirmation that the notice was sent to an email address designated for the receipt of correspondence will be conclusive proof that delivery was made. An appeal to the Texas Lottery Commission of the determination of the executive director must be filed electronically with the commission's general counsel by 5 p.m. of the next business day after issuance of the written determination. An appeal is considered timely filed if it is electronically filed before the filing deadline. An electronically filed appeal is deemed filed when transmitted to the protestant's electronic filing service provider.(i) On timely receipt of the protest and any response, the general counsel will appoint a staff attorney who did not participate in the decision to award the contract to evaluate the protest and any response. The staff attorney will make a written recommendation to the Texas Lottery Commission, including proposed findings of fact and conclusions of law.(j) The Texas Lottery Commission, at its discretion, may allow oral argument by the protestant, the successful bidder or proposer, and any necessary agency staff. The Texas Lottery Commission may limit the time for oral argument. The executive director may be present to respond to questions and will have the opportunity to make a presentation to the Texas Lottery Commission regarding the protest of the contract award. The staff attorney who made the written recommendation to the Texas Lottery Commission may also be present to respond to any questions.(k) The Texas Lottery Commission will make a written determination of the protest. To make its determination, the commission will review:(1) The protest;(2) The contract award file;(3) Any responses;(4) The oral argument, and Executive Director's presentation, if any;(5) The executive director's determination, including any reasoning that supports the determination; and(6) The staff attorney's recommendation. The written determination of the protest will include findings of fact and conclusions of law, and may include a determination voiding or sustaining the contract. The Texas Lottery Commission's written determination will be served by email on the protestant and all parties to the protest proceedings. Confirmation that the notice was sent to an email address designated for the receipt of correspondence, will be conclusive proof that delivery was made. The Texas Lottery Commission's determination shall be administratively final when issued.", "sourceNote": "Source Note: The provisions of this §140.103 adopted\r\nto be effective March 16, 2009, 34 TexReg 1846; amended to be effective\r\nApril 25, 2013, 38 TexReg 2507; amended to be effective December 31,\r\n2015, 40 TexReg 9632; amended to be effective February 26, 2025, 50\r\nTexReg 984; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226152", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "A", "label": "LOTTERY PROCUREMENT, LOTTERY ADVISORY COMMITTEE, AND BINGO ADVISORY COMMITTEE" }, "rule": { "number": "§140.104", "label": "Contract Monitoring Roles and Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226153", "queryAsDate": "03/11/2026" }, "ruleBody": "The contract monitoring roles and responsibilities of agency internal audit staff (or contractor) and other inspection, investigative, or compliance staff are as follows:(1) A division within the agency or, pursuant to a delegation of authority from the State Auditor's Office, an authorized agency representative (including a contracted audit firm selected following a formal competitive solicitation) will perform internal audit activities that may include providing audit services and/or rendering routine professional advice and answering technical questions to the commission and staff to assist them in contract monitoring and compliance.(2) A division within the agency will seek to improve contract compliance by serving as a central repository for agency contracts so the agency can perform contract compliance reviews.(3) A division within the agency will function as the agency's criminal enforcement unit. This unit will take action regarding criminal activity related to agency contracts.(4) A division or divisions, or other designated personnel within the agency, will monitor and report to other appropriate agency divisions or units regarding contract compliance.(5) A HUB coordinator and any other designated personnel within the agency will assist the administering division or divisions and the contract management section in monitoring agency contracts in connection with applicable historically underutilized and minority business contract requirements.", "sourceNote": "Source Note: The provisions of this §140.104 adopted\r\nto be effective August 18, 2002, 27 TexReg 7105; amended to be effective\r\nApril 25, 2013, 38 TexReg 2507; amended to be effective December 31,\r\n2015, 40 TexReg 9632; amended to be effective February 26, 2025, 50\r\nTexReg 984; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226153", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "A", "label": "LOTTERY PROCUREMENT, LOTTERY ADVISORY COMMITTEE, AND BINGO ADVISORY COMMITTEE" }, "rule": { "number": "§140.105", "label": "Major Procurement Approval Authority, Responsibilities and Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226154", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this rule is to establish the approval authority, responsibilities and reporting for all formal procurements.(b) Applicability. This rule applies to all formal procurements made by the agency.(c) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates otherwise.(1) Contract--A written agreement between the agency and a vendor for goods or services.(2) Formal Procurement--A formal competitive solicitation, for the purchase or lease of goods and/or services expected to exceed $25,000, conducted in order to receive at least three sealed competitive bids or proposals pursuant to the issuance of an IFB, RFP, RFQ, or another statewide contract process, respectively.(3) Major Procurement--Any formal procurement for goods or services that directly supports the agency's core gaming business function and has a cumulative contract value equal to or greater than ten (10) million dollars.(4) Major Contract--Any contract resulting from a Major Procurement.(5) Prime Contract--Any contract, other than those contracts designated as Major Contracts, which has a cumulative contract value that exceeds one (1) million dollars.(6) Value--The agency adopts by reference the determination of contract value set forth in the Texas Procurement and Contract Management Guide published by the Comptroller of Public Accounts. The determination of contract value shall be the estimated dollar amount that the agency may be obligated to pay pursuant to the contract and all executed and proposed amendments, extensions and renewals of the contract. The agency shall base its determination of the proposed length of and compensation during the original term and the renewal periods of the contract on best business practices, state fiscal standards and applicable law, procedures and regulations.(d) Major Procurement and Major Contract Approval Authority, Responsibilities and Reporting.(1) Texas Lottery Commission Approval. The executive director or his/her designee shall present all major procurements to the Texas Lottery Commission for review and approval. After a vendor is selected and a contract has been fully negotiated, the Texas Lottery Commission shall provide final approval of the contract with the selected vendor.(2) Amendments/Renewals/Extensions to Major Contracts. The executive director or his/her designee shall provide the Texas Lottery Commission advance notice of any amendment, renewal or extension to a major contract.(3) Enhanced Contract Monitoring. The executive director or his/her designee shall immediately notify the Texas Lottery Commission of any serious issue or risk that is identified with respect to a major contract.(e) Prime Contract Reporting. The executive director or his/her designee shall provide the Texas Lottery Commission advance notice of any procurement, amendment, renewal or extension to a prime contract.(f) Agency Approval. Except for a contract that by law requires the Commission's approval, the Texas Lottery Commission delegates authority to the executive director (or his/her designee) to approve all contracts and purchase orders not defined as major procurements in subsection (c) of this section.(g) Authority to Execute Contracts. The Texas Lottery Commission delegates authority to the executive director to execute all contracts for the agency. This authority may be delegated by the executive director.(h) Contract Planning.(1) The executive director or his/her designee will present the status of all major and prime contracts to the Texas Lottery Commission annually for informational purposes. The report will be presented at the beginning of each fiscal year.(2) As deemed necessary by the executive director or his/her designee, updates to the status of certain contracts may be provided to the Texas Lottery Commission periodically throughout the fiscal year for informational purposes.", "sourceNote": "Source Note: The provisions of this §140.105 adopted\r\nto be effective January 1, 2014, 38 TexReg 9528; amended to be effective\r\nDecember 31, 2015, 40 TexReg 9632; amended to be effective May 2,\r\n2019, 44 TexReg 2156; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226154", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "B", "label": "LICENSING OF SALES AGENTS" }, "rule": { "number": "§140.152", "label": "Application for License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226155", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a license under this subchapter must apply to the Commission using forms provided by the Commission.(b) The executive director or his/her designee shall develop all forms and related documents including, but not limited to, an application form, release form to obtain a credit report, and/or any other background information relating to the applicant required to determine the applicant's eligibility for a license and whether the granting of a license to the applicant will best serve the public convenience. An applicant must disclose all criminal convictions for those individuals of whom an investigation is authorized under the Government Code, §466.201, and which are requested in the application.(c) An applicant shall, under penalty of perjury, complete, sign, date, and submit all forms and related information and documents required. By signing and submitting the application form, the applicant agrees to allow the director of the Lottery Operations Division (hereinafter \"director\") to investigate the credit, criminal, and tax background of the applicant and other matters as authorized under the State Lottery Act, Government Code, Chapter 466.(d) Every application for a license submitted under this subchapter shall be accompanied by a license application fee in an amount to be established by the director. If the director denies an application for a license based on a factor listed in §401.153(a) of this title (relating to Qualifications for License), the director shall refund one half of the application fee to the applicant. If the director denies an application based on another factor, the director may not refund any part of the application fee. If an applicant fails to provide all forms and related information and documents required as part of the application, the director may cancel the application without making a determination to deny. If the director cancels an application, the director shall not refund any part of the application fee.(e) Every license application submitted to the director under this subchapter shall be accompanied by security as authorized by the Government Code, §466.156(a), in a form and amount determined by the director. The director may reduce or waive the amount of security required, if feasible, after consideration of the possible loss to the state from the operation of the applicant in connection with the lottery, whether the applicant is a minority business as defined by Government Code, §466.107, or any other factor the director finds relevant. If the director determines that the purposes of the Act would be best served through establishment and maintenance of a pooled fund for purposes of reimbursing the division for losses arising from the operation of licensed sales agents, the director may require security in the form of a mandatory contribution by each applicant. Any amount so contributed may not be refunded. Depending upon the losses required to be reimbursed by such a fund, the director may require additional contributions to such a fund as a condition of any license application, including a license renewal application.(f) All applications submitted under this subchapter shall be available for public inspection during business hours, provided that criminal history information and other information confidential by law shall not be available for inspection. Any person seeking to inspect any application shall furnish a written request to the director specifically stating the information sought to be inspected. The director may respond to such requests orally or in writing in order to arrange for the inspection of the requested documents after a reasonable time is allowed for the division to review the documents and delete confidential information.", "sourceNote": "Source Note: The provisions of this §140.152 adopted to\r\nbe effective March 30, 1992, 1401 TexReg 1913; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective March 14, 1996, 21 TexReg 1756;\r\namended to be effective July 1, 2002, 27 TexReg 5759; amended to be\r\neffective September 1, 2011, 36 TexReg 5361; amended to be effective\r\nSeptember 12, 2012, 37 TexReg 7088; amended to be effective November\r\n2, 2023, 48 TexReg 6353; transferred effective October 1, 2025, as\r\npublished in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226155", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "B", "label": "LICENSING OF SALES AGENTS" }, "rule": { "number": "§140.153", "label": "Qualifications for License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226156", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before issuing a license to any person under this subchapter, the director shall consider:(1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged. Consideration of this factor may include the analysis of the applicant's credit record, compliance with tax laws of other jurisdictions, status of permits and licenses, results of criminal background check, adequacy of security procedures against theft, whether the location is fixed and permanent, whether the applicant can provide appropriate security, and any other factor that may assist the director in such evaluation;(2) the public accessibility of the applicant's place of business or activity. Consideration of this factor may include analysis of the applicant's hours of operation, proximity to major transit routes, proximity to large employers, public parking availability, and any other factor that may assist the director in such evaluation;(3) the sufficiency of existing sales agents to serve the public convenience. Consideration of this factor may include analysis of number and proximity of other sales agents in a given market area, and/or number of \"minority businesses\" (as that term is defined in the Government Code, §466.107(b)) licensed in a given market area, with the possibility that additional licenses for any given market area may be denied if the area is determined to be adequately served by existing licensees;(4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume;(5) the volume of expected lottery sales at the applicant's place of business or activity; and(6) any other factor that is helpful in determining whether the applicant's experience, character, and general fitness are such that the applicant's participation as a sales agent will not detract from the integrity, security, honesty, or fairness of the operation of the lottery. An example of the type of factor considered in this regard is the analysis of the type of product sold or form of service provided by the applicant.(b) The director may grant or deny an application for a license under this subchapter based on any one or more factors listed in subsection (a) of this section. In addition, the director shall deny an application for a license under this subchapter upon a finding that the applicant:(1) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense;(2) is or has been a professional gambler. A \"professional gambler\" is a person whose profession is, or whose major source of income derives from, playing games of chance for profit;(3) has been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the Texas Workforce Commission, or the Texas Alcoholic Beverage Commission; (4) is married to a person described in paragraph (1), (2), or (3) of this subsection;(5) has violated the Act or a rule adopted by the commission in furtherance of the State Lottery Act;(6) is not an individual, and an individual described in one or more of paragraphs (1) - (5) of this subsection:(A) is an officer or director of the applicant;(B) holds more than 10% of any class of issued and outstanding stock in the applicant;(C) holds an equitable ownership interest greater than 10% in the applicant;(D) is a creditor of the applicant to the extent of more than 10% of the applicant's outstanding debt at any time after the application is filed but before the director acts to grant or deny the license;(E) is the owner or lessee of a business that the applicant conducts or through which the applicant will conduct a ticket sales agency;(F) shares or will share in the profits, other than stock dividends, of the applicant or sales agent;(G) participates in managing the affairs of the applicant; or(H) is an employee of the applicant who is or will be involved in selling tickets or handling money from the sale of tickets;(7) provided false or misleading information on the application form, or failed to provide information required as part of the application;(8) failed to provide fingerprint identification for individuals for which such identification is requested in a form acceptable to the division following the division's request for such identification; (9) has previously had a sales agent's license revoked, unless the director is satisfied the person will comply with the State Lottery Act and the rules under this chapter;(10) failed to certify to the director the applicant's compliance with the federal Americans With Disabilities Act;(11) is the subject of a license suspension or decision issued under Chapter 232, Family Code;(12) intends to sell lottery tickets via the internet; or(13) intends to engage in business exclusively as a Texas Lottery ticket sales agent. For purposes of this section, an applicant \"intends to engage in business exclusively as a Texas Lottery ticket sales agent\" if the applicant does not sell any goods or services to the public other than Texas Lottery tickets.(c) Without limiting the foregoing grounds for denial of a license under this subchapter, the director shall deny a license to any person whose location for the sales agency is either:(1) a location licensed for games of bingo under the Bingo Enabling Act (Occupations Code, Chapter 2001);(2) on land owned by the State of Texas; or a political subdivision of this state and on which is located a public primary or secondary school, an institution of higher education, or an agency of the state; or(3) a location for which a person holds a wine and malt beverage retailer's permit, mixed beverage permit, mixed beverage permit with a retailer late hours certificate, private club registration permit, or private club registration permit with a retailer late hours certificate issued under the Alcoholic Beverage Code, Chapter 25, 28, 29, or 32, other than a location for which a person holds a wine and malt beverage retailer's permit issued under Chapter 25, Alcoholic Beverage Code, that derives less than 30 percent of the location's gross receipts from the sale or service of alcoholic beverages.(d) Any applicant whose application is denied under this subchapter, or who is granted a license the terms of which are more restricted than those applied for, shall be notified by the director in writing of the denial or restriction and of the reasons therefore. The applicant may appeal the director's decision in accordance with rules adopted by the commission for that purpose.(e) A license issued under this chapter may by its terms limit the type of games and/or method of sales authorized by the license. A determination of appropriate limitations on any license are within the director's sole discretion, provided that the director shall furnish the licensee with a written explanation or the reasons for any such limitations.(f) Based upon consideration of the factors in §401.160(g) of this title (relating to Standard Penalty Chart), the director may determine a person or organization whose license has been revoked or surrendered, or whose application has been denied for reasons which would justify a revocation of an existing license, will not be eligible to apply for another license earlier than one year from the date of revocation, surrender, or denial.", "sourceNote": "Source Note: The provisions of this §140.153 adopted to\r\nbe effective March 30, 1992, 17 TexReg 1913; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective March 14, 1996, 21 TexReg 1756;\r\namended to be effective July 1, 2002, 27 TexReg 5759; amended to be\r\neffective September 1, 2011, 36 TexReg 5361; amended to be effective\r\nOctober 26, 2017, 42 TexReg 5854; amended to be effective October\r\n31, 2019, 44 TexReg 6367; amended to be effective November 14, 2021,\r\n46 TexReg 7598; amended to be effective February 26, 2025, 50 TexReg\r\n984; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226156", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "B", "label": "LICENSING OF SALES AGENTS" }, "rule": { "number": "§140.155", "label": "Expiration of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226157", "queryAsDate": "03/11/2026" }, "ruleBody": "Upon expiration of the license, the licensee must immediately surrender upon demand to an authorized representative of the commission the license and all commission property, return to the commission all unsold tickets in accordance with normal commission procedures, pay any funds owed to the commission by an authorized method, and take such further action as required by the director.", "sourceNote": "Source Note: The provisions of this §140.155 adopted to\r\nbe effective March 30, 1992, 17 TexReg 1913; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective July 1, 2002, 27 TexReg 5759;\r\ntransferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226157", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "B", "label": "LICENSING OF SALES AGENTS" }, "rule": { "number": "§140.156", "label": "Renewal of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226158", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license issued under this subchapter may be considered for renewal by filing a renewal application with the commission. In order to be considered, a sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires.(b) The renewal application shall be on forms provided by the commission upon request. All provisions in this subchapter governing the applicant's completion and submission of a license application and conditions of the license granted shall apply equally to the application for and renewal of a license. Factors considered by the director and grounds for denying the renewal of a license may include those listed in §401.153(a) or (b) of this title (relating to Qualifications for License) and those listed under §401.158(b) of this title (relating to Suspension or Revocation of License).(c) Every application for renewal of a license submitted under this subchapter shall be accompanied by a renewal fee in an amount to be established by the director. If the director denies an application for renewal based on a factor listed in §401.153(a) of this title, the director shall refund one half of the renewal application fee to the applicant. If the director denies an application based on another factor, the director may not refund any part of the renewal application fee.(d) Every application for renewal of a license submitted under this subchapter shall be accompanied by security in an amount and in such form as the director determines to be in the best interests of the lottery. If the director determines that such security is best provided through mandatory contributions by licensees to a pooled fund established and maintained to reimburse the state for losses resulting from the operation of sales agents, the amount of such security shall be determined based on the director's estimate of expected required reimbursement to the state from such losses incurred during the term of the renewal.(e) A renewal license issued under this section shall be valid for a term set by the commission, unless it expires sooner.", "sourceNote": "Source Note: The provisions of this §140.156 adopted to\r\nbe effective March 30, 1992, 17 TexReg 1914; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective March 14, 1996, 21 TexReg 1756;\r\namended to be effective July 1, 2002, 27 TexReg 5759; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226158", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "B", "label": "LICENSING OF SALES AGENTS" }, "rule": { "number": "§140.157", "label": "Provisional License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226159", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to and without limiting the director's ability to issue licenses, the director may issue provisional licenses to applicants to become sales agents. Examples of the reason a provisional license may be issued include but are not limited to a special event and the pendancy of a background check conducted pursuant to Government Code, Chapter 466. A provisional license shall expire on the date specified on the license. A provisional license is subject to suspension or revocation in accordance with procedures established by rules issued by the commission under this title upon the commission's finding of any factor under §401.153(b) of this title (relating to Qualifications for License), §401.158 of this title (relating to Suspension or Revocation of License), or §401.159 of this title (relating to Summary Suspension of License).", "sourceNote": "Source Note: The provisions of this §140.157 adopted to\r\nbe effective March 30, 1992, 17 TexReg 1914; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective March 14, 1996, 21 TexReg 1756;\r\namended to be effective July 1, 2002, 27 TexReg 5759; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226159", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "B", "label": "LICENSING OF SALES AGENTS" }, "rule": { "number": "§140.158", "label": "Suspension or Revocation of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226160", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may suspend or revoke any license issued under this subchapter if the commission finds that any factor listed as grounds for denial of a license under §401.153(b) of this title (relating to Qualifications for License) or any factor listed in subsection (b) of this section apply to the licensee. The commission shall inform the sales agent in writing of the decision to suspend or revoke a license for any of these reasons. In addition, in the event of a license suspension under this section, the director of the Lottery Operations Division shall also inform the licensee of the terms under which the suspended license may be reissued.(b) Without limiting the commission's ability to consider factors listed in §401.153(b) of this title as grounds for suspension or revocation of a license issued under this subchapter, the commission may also suspend or revoke a license for reasons including, but not limited to, any of the following:(1) licensee engages in telecommunication or printed advertising that the director determines to have been false, deceptive or misleading;(2) licensee conditions redemption of a lottery prize upon the purchase of any other item or service;(3) licensee imposes a restriction upon the redemption of a lottery prize not specifically authorized by the director;(4) licensee fails to follow instructions and procedures for the conduct of any lottery game, lottery special event or promotion;(5) licensee and/or its employee(s) exhibit discourteous treatment including, but not limited to, abusive language toward customers, commission employees or commission vendors;(6) licensee fails to establish or maintain reasonable security precautions regarding the handling of lottery tickets and other materials;(7) licensee fails to deface a validated ticket;(8) licensee sells a draw game ticket for a draw that has already taken place;(9) licensee fails to follow validation procedures, including, but not limited to, paying a claim without validating the ticket, failing to pay a valid prize after validating a customer's winning ticket, or retaining a customer's winning ticket that has not been validated;(10) licensee violates any directive or instruction issued by the director of the Lottery Operations Division;(11) licensee violates any express term or condition of its license not specifically set forth in this subchapter;(12) licensee sells a scratch ticket from a game that has closed after the date designated for the end of the game;(13) licensee refuses to refund or properly cancel a Pick 3 or Daily 4 ticket;(14) licensee fails to return an exchange ticket to a prize claimant claiming a prize on a multi-draw ticket if an exchange ticket is produced by the licensee's terminal;(15) licensee fails to keep accurate and complete records of all tickets that have not been sold from confirmed, active, and settled packs;(16) licensee fails to meet any requirement under §401.368 of this title (relating to Lottery Ticket Vending Machines), if the licensee has been supplied with a self-service lottery ticket vending machine by the commission;(17) licensee fails to take readily achievable measures within the allowed time period to comply with the barrier removal requirements regarding the ADA;(18) licensee fails to prominently post license;(19) licensee sells tickets that were assigned to another licensed location;(20) licensee knowingly sells a ticket or pays a lottery prize to another person who is:(A) an officer or an employee of the commission;(B) an officer, member, or employee of a lottery operator; (C) an officer, member, or employee of a contractor or subcontractor that is excluded by the terms of its contract from playing lottery games;(D) the spouse, child, brother, sister, or parent of a person described by subparagraph (A), (B), or (C) of this paragraph who resides within the same household as that person;(21) licensee endangers the security and/or integrity of the lottery games operated by the commission;(22) licensee intentionally or knowingly sells a ticket at a price the licensee knows is greater than the price set by the executive director;(23) licensee charges a fee for lottery ticket purchases using a debit card, requires an additional purchase with a debit card, and/or requires a minimum dollar amount for debit card purchases of only lottery tickets.(24) licensee sells tickets at a location that is not licensed;(25) licensee intentionally or knowingly sells a ticket by extending credit or lends money to enable a person to buy a ticket;(26) licensee intentionally or knowingly sells a ticket and accepts anything for payment not specifically allowed under the State Lottery Act;(27) licensee sells tickets over the telephone or Internet, or via mail order sales; or establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the licensee intentionally or knowingly:(A) uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool; or(B) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement;(28) licensee intentionally or knowingly alters or forges a ticket;(29) licensee intentionally or knowingly influences or attempts to influence the selection of a winner of a lottery game;(30) licensee intentionally or knowingly claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or aids or agrees to aid another person or persons to claim a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation;(31) licensee intentionally or knowingly tampers with, damages, defaces, or renders inoperable any vending machine, electronic computer terminal, or other mechanical device used in a lottery game, or fails to exercise due care in the treatment of commission property;(32) licensee:(A) induces another person to assign or transfer a right to claim a prize;(B) initiates or accepts an offer to sell the right to claim a prize;(C) initiates or accepts an offer of compensation from another person to claim a lottery prize; or(D) purchases, for anything of value, a lottery ticket from a person who is not a licensed lottery retailer;(33) licensee intentionally or knowingly makes a statement or entry that the person knows to be false or misleading on a required report;(34) licensee fails to maintain or make an entry the licensee knows is required to be maintained or made for a required report;(35) licensee knowingly refuses to permit the director of the Lottery Operations Division, the executive director, commission, the lottery operator, the employees or agents of the lottery operator, or the state auditor to examine the agent's books, records, papers or other objects, or refuses to answer any question authorized under the State Lottery Act;(36) licensee intentionally or knowingly makes a material and false or incorrect, or deceptive statement, written or oral, to a person conducting an investigation under the State Lottery Act or a commission rule;(37) licensee commits an offense of conspiracy as defined in the State Lottery Act;(38) licensee sells or offers for sale any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest;(39) licensee intentionally or knowingly sells or offers to sell a ticket to a person that the licensee knows is younger than 18 years (revocation only);(40) licensee incurs four (4) notices of nonsufficient fund transfers or non-transfer of funds within a 12-month period (revocation only);(41) licensee fails to pay the full amount of money owed to the commission after a nonsufficient funds transfer or non-transfer of funds to the commission's account (revocation only);(42) licensee knowingly sells tickets to, works with, or otherwise assists a lottery ticket courier service (revocation only); or(43) licensee has violated a provision of the State Lottery Act, Government Code, Chapter 466, or a commission rule adopted under the State Lottery Act.(c) For purposes of this chapter, the term \"lottery ticket courier service\" means a service that, by any remote means, such as telephone, Internet application, or mobile application, accepts and fulfills, for a fee or compensation, orders to purchase lottery tickets on behalf of another person not present to effect an in-person sale.", "sourceNote": "Source Note: The provisions of this §140.158 adopted to\r\nbe effective July 1, 2002, 27 TexReg 5759; amended to be effective\r\nSeptember 1, 2014, 39 TexReg 6828; amended to be effective June 18,\r\n2015, 40 TexReg 3645; amended to be effective December 31, 2017, 42\r\nTexReg 7385; amended to be effective August 30, 2020, 45 TexReg 5908;\r\namended to be effective November 18, 2024, 49 TexRg 9225; amended\r\nto be effective February 26, 2025, 50 TexReg 984; amended to be effective\r\nMay 19, 2025, 50 TexReg 2964; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226160", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "B", "label": "LICENSING OF SALES AGENTS" }, "rule": { "number": "§140.159", "label": "Summary Suspension of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226161", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the authority to suspend a sales agent's license pursuant to §401.158 of this title (relating to Suspension or Revocation of License), the director of the Lottery Operations division may suspend a sales agent's license subject to the limited notice and hearing procedures established under other rules to be adopted by the commission under this title for that purpose, if the director finds that the action is necessary to maintain the integrity, security, honesty, or fairness of the operation or administration of the lottery or to prevent financial loss to the state, and:(1) licensee fails to deposit money received from ticket sales under the State Lottery Act;(2) an event occurs that would render the sales agent ineligible for a license under §401.153(b) of this title (relating to Qualifications for License);(3) licensee fails to notify the commission of any change in the information contained in the sales agent's most recent application for a license or renewal of a license within ten days of the date of the change;(4) the director of the Lottery Operations division discovers the licensee has failed to disclose information that would, if disclosed, render the licensee ineligible for a license under §401.153(b) of this title.(b) A summary suspension properly commenced under rules adopted by the commission under this title is effective at the time the notice is served. If notice is personally served, the licensee shall immediately surrender the license to the commission or its representative. If notice is served by mail, the licensee shall immediately return the license to the commission. In addition, at the time the licensee is served with notice under this subsection, the licensee may be required by the director of the Lottery Operations Division to surrender upon demand to an authorized representative of the commission all commission property and commission vendor property, return all unsold tickets in accordance with normal commission policy, pay funds owed to the commission by an authorized method, and take such further action as required by the director.", "sourceNote": "Source Note: The provisions of this §140.159 adopted to\r\nbe effective March 30, 1992, 1401 TexReg 1914; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective April 18, 1994, 19 TexReg 2275;\r\namended to be effective March 14, 1996, 21 TexReg 1756; amended to\r\nbe effective July 1, 2002, 27 TexReg 5759; transferred effective October\r\n1, 2025, as published in the September 26, 2025, issue of the Texas\r\nRegister, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226161", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "B", "label": "LICENSING OF SALES AGENTS" }, "rule": { "number": "§140.160", "label": "Standard Penalty Chart" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226162", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission, through the director of the Lottery Operations Division, may offer settlements to persons charged with violating the provisions of the State Lottery Act or rules of the commission. Settlement of those cases, unless otherwise provided for elsewhere in this rule, shall be in compliance with the following standard penalty chart. A settlement will be in the form of an Agreement and Consent Order of the commission.(b) A repeat violation by a licensee justifies the penalty for a second or third violation if it occurs within 12 months of the first violation. Violations need not be the same or similar in nature to previous violations to be considered repeat violations.(c) A penalty for an alleged repeat violation shall not be assessed unless the alleged violation occurs after the licensee has been notified, in writing, of the first alleged violation. Notwithstanding the preceding sentence, if an alleged violation is discovered during an undercover operation, then no notice of any prior alleged violations may be necessary to assess a penalty for a repeat violation. The requirement that written notice be given to a licensee shall not be interpreted to require that a notice of hearing for the violation be delivered to the licensee.(d) The list of violations in the standard penalty chart is not an exclusive list of violations of the commission or rules of the commission. The commission is authorized to assess penalties for any violation of any of the foregoing statutes or rules for which a penalty is not provided on the chart. Any penalty assessed for a violation not provided for on the standard penalty chart shall be approved by the director of the Lottery Operations Division or his/her designee prior to its assessment.(e) Any person responsible for assessing a penalty for a violation may deviate from the standard penalty chart if mitigating circumstances are involved and consideration will be given to all the factors listed in subsection (g) of this section. If a recommendation deviating from the standard penalty chart is made, it must be made in writing and be filed with the case report. Final approval shall be made by the director of the Lottery Operations Division or his/her designee.(f) The standard penalty chart does not bind an administrative law judge or the commission as to penalties for any violation determined to have occurred by the facts presented in an administrative hearing and the record of that proceeding shall be the determining factor as to the sufficiency of the penalty assessed.(g) Based upon consideration of the following factors, the commission may impose penalties other than the penalties recommended in §401.158 of this title (relating to Suspension or Revocation of License) and/or this section:(1) Severity of the offense;(2) Danger to the public;(3) Number of repetition of offenses;(4) Number of complaints previously found justified against the licensee;(5) Length of time the licensee has held a license;(6) Actual damage, physical or otherwise, caused by the violations;(7) Deterrent effect of the penalty imposed;(8) Attempts by licensee to correct or stop violations or refusal by licensee to correct or stop violations;(9) Penalties imposed for related offenses;(10) Current employment status of any employee(s) that committed violation(s); or(11) Any other mitigating or aggravating circumstances.(h) Standard Penalty Chart.Attached Graphic", "sourceNote": "Source Note: The provisions of this §140.160 adopted to\r\nbe effective July 1, 2002, 27 TexReg 5759; amended to be effective\r\nSeptember 1, 2014, 39 TexReg 6828; amended to be effective June 18,\r\n2015, 40 TexReg 3645; amended to be effective December 31, 2017, 42\r\nTexReg 7385; amended to be effective August 30, 2020, 45 Texeg 5908;\r\namended to be effective November 18, 2024, 49 TexReg 9225; amended\r\nto be effective February 26, 2025, 50 TexReg 984; amended to be effective\r\nMay 19, 2025, 50 TexReg 2964; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226162", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "C", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - PRACTICE AND PROCEDURE" }, "rule": { "number": "§140.201", "label": "Intent and Scope of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226163", "queryAsDate": "03/11/2026" }, "ruleBody": "The rules of practice and procedure supplement, as appropriate, the Rules of Practice and Procedure of the State Office of Administrative Hearings and are intended to provide fair methods for hearing and resolving an applicant's or licensee's disagreement with certain official actions of the Texas Lottery Commission, Executive Director, or Lottery Director, as applicable. These rules govern all contested case proceedings before the administrative law judges regarding the State Lottery Act and the Bingo Enabling Act.", "sourceNote": "Source Note: The provisions of this §140.201 adopted to\r\nbe effective April 28, 1992, 17 TexReg 2781; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective February 17, 1995, 20 TexReg\r\n640; amended to be effective March 31, 2010, 35 TexReg 2553; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226163", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "C", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - PRACTICE AND PROCEDURE" }, "rule": { "number": "§140.202", "label": "Construction of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226164", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules will be given their most reasonable meaning taken in their total context, and will be construed to secure a just resolution or decision for every controversy. They will not be construed to limit or repeal rights afforded or requirements imposed by law. Unless otherwise expressly provided, the past, present, or future tense each includes the other; the masculine, feminine, or neuter gender each includes the other; and the singular and plural number each includes the other. Definitions of some of the words used in these rules are contained in §401.227 of this title (relating to Definitions).", "sourceNote": "Source Note: The provisions of this §140.202 adopted to\r\nbe effective April 28, 1992, 17 TexReg 2781; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226164", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "C", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - PRACTICE AND PROCEDURE" }, "rule": { "number": "§140.203", "label": "Contested Cases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226165", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contested case proceeding is initiated when a case is filed at the State Office of Administrative Hearings. It includes a request for relief from actions initiated by the agency to deny, revoke, or suspend licenses administered by the agency, including preliminary summary suspension proceedings described in subsection (b) of this section.(b) If the Lottery Operations Director summarily suspends a license:(1) the Lottery Operations Director will notify the licensee in writing by registered or certified mail, return receipt requested, that the license has been summarily suspended and will state the reasons for the action. That notification shall also state the date, time, and place for a preliminary suspension hearing on the summary suspension, which date shall not be later than ten days after the date of the preliminary summary suspension, unless the parties agree to a later date;(2) at the preliminary suspension hearing, the licensee must show cause by a preponderance of the evidence why the license should not remain suspended pending a final hearing on the suspension or revocation of the license;(3) the preliminary suspension hearing will be held by the assigned administrative law judge and shall be governed by Texas Government Code, Chapter 466, (in Lottery cases); Texas Occupations Code, Chapter 2001, (in Bingo cases); Texas Government Code, Chapter 2001; Title 1 of the Texas Administrative Code; and these Rules; and(4) an order issued after a preliminary suspension hearing, continuing a summary suspension pending a final contested case hearing, is not a final order.", "sourceNote": "Source Note: The provisions of this §140.203 adopted\r\nto be effective April 28, 1992, 17 TexReg 2781; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective February 17, 1995, 20 TexReg\r\n640; amended to be effective March 31, 2010, 35 TexReg 2554; amended\r\nto be effective January 1, 2014, 38 TexReg 9529; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226165", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "C", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - PRACTICE AND PROCEDURE" }, "rule": { "number": "§140.205", "label": "Initiation of a Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226166", "queryAsDate": "03/11/2026" }, "ruleBody": "Denial of application or suspension or revocation of license.(1) If the director of the Lottery Operations Division determines that an applicant is not eligible for a license for reasons other than these set out in the State Lottery Act, (Texas Government Code, §466.155), the director will notify the applicant, in writing, by personal service or by registered or certified mail, return receipt requested, that the application has been denied and will state the reasons for the denial. The applicant may, within 15 days of the date of the notice of denial, make a written request for a hearing to contest the denial. If the applicant does not request a hearing within 15 days of the date of the notice of denial, the hearing is waived and a final decision will be issued.(2) If the director of the Lottery Operations Division proposes to deny an application for a license for reasons set out in the State Lottery Act, (Texas Government Code, §466.155), the applicant is entitled to written notice of the time and place of the hearing. A notice may be served on the applicant personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears on the commission's records. A notice must be served or mailed not later than the 20th day before the hearing. After the hearing, the director of the Lottery Operations Division shall deny an application for a license if the director finds that any of the grounds for denial set out in the State Lottery Act exist.(3) The executive director will notify the licensee in writing, by personal service or by registered or certified mail, return receipt requested, that the license will be suspended or revoked for reasons other than those reasons set out in the State Lottery Act, (Texas Government Code, §466.155), and will state such reasons for the action. The licensee may, within 15 days of the date of the notice of suspension or revocation, make a written request for a hearing to contest the action. If the licensee does not request a hearing within 15 days of the date of the notice of suspension or revocation, the hearing is waived and a final decision will be issued by the executive director.(4) If the commission proposes to suspend or revoke a license for reasons set out in the State Lottery Act, (Texas Government Code, §466.155), the licensee is entitled to written notice of the time and place of the hearing. A notice may be served on the licensee personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears on the commission's records. A notice must be served or mailed not later than the 20th day before the hearing. After the hearing, the commission shall suspend or revoke a license if the commission finds that any of the grounds for suspension or revocation set out in the State Lottery Act, (Texas Government Code, §466.155) exist.", "sourceNote": "Source Note: The provisions of this §140.205 adopted\r\nto be effective April 28, 1992, 17 TexReg 2781; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective April 18, 1994, 19 TexReg 2275;\r\namended to be effective March 31, 2010, 35 TexReg 2554; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226166", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "C", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - PRACTICE AND PROCEDURE" }, "rule": { "number": "§140.207", "label": "Written Answer; Default Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226167", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may dispose of a contested case by default if a State Office of Administrative Hearings (SOAH) administrative law judge (ALJ) remands the case to the Commission for informal disposition upon proof that adequate and sufficient notice of hearing was mailed to, or personally served on, the respondent or applicant, and the respondent or applicant failed to either:(1) file a written answer to a notice of hearing in accordance with subsection (d) of this section; or(2) appear in person or through an authorized representative on the day and at the time set for the hearing of the case, regardless of whether a written answer has been filed.(b) In addition to providing service of notice of hearing by mail or personal service, the Commission shall send a copy of a notice of hearing to a respondent or applicant by email if the respondent or applicant has provided the Commission with their email address.(c) The Commission's default order shall state that the matters set forth in the notice of hearing are deemed admitted as true, and may grant the relief requested in the notice.(d) A respondent or applicant must file a written answer to the allegations in a Commission notice of hearing with SOAH at least 10 calendar days prior to the date of the hearing set forth in the notice (or at least 3 calendar days prior to the date of the hearing in lottery summary suspension cases conducted pursuant to Texas Government Code §466.160), and must provide the Commission a copy of the answer provided to SOAH. A general denial of matters pleaded by the Commission in the notice shall be sufficient to comply with this subsection.(e) If a respondent or applicant fails to file a written answer to a notice of hearing as required by this section, but appears in person or through an authorized representative on the day and at the time set for the hearing of the case, good cause exists for the ALJ to grant a continuance to schedule an evidentiary hearing at the request of the Commission.(f) Following the Commission's issuance of a default order, and upon the timely filing of a motion for rehearing by the respondent or applicant in the contested case, the Commission, for good cause shown, may grant rehearing and request that SOAH schedule an evidentiary hearing in the case.", "sourceNote": "Source Note: The provisions of this §140.207 adopted to\r\nbe effective October 26, 2017, 42 TexReg 5855; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226167", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "C", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - PRACTICE AND PROCEDURE" }, "rule": { "number": "§140.211", "label": "Law Governing Contested Cases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226168", "queryAsDate": "03/11/2026" }, "ruleBody": "Contested case hearings will be governed by the Texas Government Code, Chapter 466, (in Lottery cases); Texas Occupations Code, Chapter 2001, (in Bingo cases); Texas Government Code, Chapter 2001; Title 1 of the Texas Administrative Code; and these Rules.", "sourceNote": "Source Note: The provisions of this §140.211 adopted to\r\nbe effective April 28, 1992, 17 TexReg 2781; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective February 17, 1995, 20 TexReg\r\n640; amended to be effective March 31, 2010, 35 TexReg 2555; amended\r\nto be effective January 1, 2014, 38 TexReg 9530; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226168", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "C", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - PRACTICE AND PROCEDURE" }, "rule": { "number": "§140.216", "label": "Subpoenas, Depositions, and Orders to Allow Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226169", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Texas Government Code, §2001.089, any party may request to subpoena witnesses or require the production of documents related to the subject matter of the hearing by filing the subpoena with the Office of the General Counsel for action by the Commission's Executive Director, with the appropriate copy served to the opposing party.(b) The Executive Director, on motion by any party, may:(1) subpoena any person to appear and testify and to produce certain documents or other tangible items at an oral hearing;(2) commission the taking of an oral deposition in the witness' county of residence or county where the witness does business and require production of certain documents or other tangible items at the time of deposition; and(3) order any party to allow entry upon property under the party's control for the purpose of doing any act or making any inspection not protected by privilege and reasonably calculated to lead to the discovery of evidence material to the contested case.", "sourceNote": "Source Note: The provisions of this §140.216 adopted\r\nto be effective April 28, 1992, 17 TexReg 2781; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective March 31, 2010, 35 TexReg 2555;\r\ntransferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226169", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "C", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - PRACTICE AND PROCEDURE" }, "rule": { "number": "§140.220", "label": "Motion for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226170", "queryAsDate": "03/11/2026" }, "ruleBody": "A motion for rehearing may be filed by any party with the Commission by filing it with the Office of the General Counsel within 25 days of the date which the decision or order that is the subject of the motion is signed, unless the time for filing the motion for rehearing has been extended under Texas Government Code §2001.142, by an agreement under Texas Government Code §2001.147, or by a written Commission order issued under Texas Government Code §2001.146(e). The motion must identify with particularity findings of fact or conclusions of law that are the subject of the complaint and any evidentiary or legal ruling claimed to be erroneous. The motion must also state the legal and factual basis for the claimed error. Any reply to a motion for rehearing must be filed within 40 days after the date which the decision or order that is the subject of the motion is signed, or not later than the 10th day after the date a motion for rehearing is filed if the time for filing the motion for rehearing has been extended by an agreement under Texas Government Code §2001.147, or by a written state agency order issued under Texas Government Code §2001.146(e). The Commission shall act on a motion for rehearing within 55 days of the date the decision or order that is the subject of the motion is signed, or the motion is overruled by operation of law. The Commission may, on its own initiative or on the motion of any party for cause shown, by written order extend the time for filing a motion or reply or taking agency action under Texas Government Code §2001.146, provided that the Commission extends the time or takes the action not later than the 10th day after the date the period for filing a motion or reply or taking agency action expires. The Executive Director or the Charitable Bingo Operations Director, as appropriate, may act on behalf of the Commission to extend the time for the Commission to act on a motion for rehearing if such motion cannot be considered by the Commission prior to the time it will expire by operation of law. An extension may not extend the period for Commission action beyond the 100th day after the date the decision or order that is the subject of the motion for rehearing is signed. In the event of an extension, a motion for rehearing is overruled by operation of law on the date fixed by the order or, in the absence of a fixed date, the 100th day after the date of the decision or order that is the subject of the motion is signed.", "sourceNote": "Source Note: The provisions of this §140.220 adopted to\r\nbe effective April 28, 1992, 17 TexReg 2781; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective February 17, 1995, 20 TexReg\r\n640; amended to be effective March 31, 2010, 35 TexReg 2556; amended\r\nto be effective December 31, 2015, 40 TexReg 9632; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226170", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "C", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - PRACTICE AND PROCEDURE" }, "rule": { "number": "§140.227", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226171", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Administrative law judge--An individual appointed to conduct hearings on matters within the agency's jurisdiction and to prepare proposed decisions to properly resolve such matters.(2) Agency--The administrative entity created by House Bill 1587, 73rd Legislature, 1993.(3) Applicant--A party seeking a lottery, bingo manufacturer, bingo distributor, bingo commercial lessor, or bingo conductor's license.(4) Authorized representative--An individual who represents a party in a contested case or in a preliminary hearing, and may be any individual other than the party.(5) Hearings attorney--An attorney assigned to represent an agency division in a contested case or a preliminary hearing.(6) License--The whole or any part of a license, permit, certificate, approval, registration, or similar form of permission, the issuance, renewal, amendment, suspension, or revocation of which is within the jurisdiction of the agency.(7) Licensee--A person who has been issued a license by the agency.(8) Licensing--The agency process respecting the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.(9) Lottery division--The division within the agency responsible for the operation of the lottery.(10) Party--Any person who has filed a request for hearing, or a division of the agency's office.(11) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. It may also include an estate, trust, receiver, assignee for benefit of creditors, trustee, trustee in bankruptcy, assignee, or any other group or combination acting as a unit.(12) Pleading--Any document filed by a party concerning the position or assertions in a contested case or preliminary hearing.(13) Request for hearing--A request by an applicant or licensee for official action by the agency regarding the denial, revocation, or suspension of its license under the lottery or bingo laws of this state.", "sourceNote": "Source Note: The provisions of this §140.227 adopted\r\nto be effective April 28, 1992, 17 TexReg 2781; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; amended to be effective February 17, 1995, 20 TexReg\r\n640; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226171", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.301", "label": "General Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226172", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Caption--The letters or other characters appearing below the play symbols in the play area of a ticket that verify the correctness of the play symbols.(2) Certified drawing--A drawing in which a lottery drawing representative and an independent certified public accountant attest that the drawing equipment functioned properly and that a random selection of a winning combination occurred.(3) Claim center--A claims office of the commission at which a claimant may claim a prize.(4) Claim form--The printed or electronic form authorized and provided by the commission that a claimant shall complete and submit to the commission when claiming a prize.(5) Claimant--A player who has submitted a valid claim for payment within the required time frame.(6) Commission--The Texas Lottery Commission. Unless the context clearly requires otherwise, \"commission\" includes authorized Texas Lottery commission staff members/employees.(7) Current draw period--The period of time in which the player selections and Quick Pick selections are accumulated into a pool of plays eligible for winning in a drawing held at the end of the designated period.(8) Director--The director of Lottery Operations of the Texas Lottery Commission.(9) Direct prize category contribution--A specified percentage of net sales allocated to the prize categories as described in the rules of the specific game being played.(10) Division--Lottery Operations of the Texas Lottery Commission.(11) Draw break--Time periods before a drawing for a draw game during which no request for plays for that drawing may be entered into the lottery gaming system.(12) Draw game--A lottery game which utilizes a computer system to administer plays, the type of game, and amount of play for a specified drawing date, and in which a player either selects a combination of numbers or allows number selection by a random number generator approved by the commission, referred to as Quick Pick. The commission, or other authorized entity, will conduct a drawing to determine the winning combination(s) in accordance with the rules of the specific game being played and the draw procedures for the specific game. Sometimes, draw games are called \"on-line games.\"(13) Draw game ticket--A ticket issued to a player, by a retailer, and generated by a terminal provided by the commission or commission's vendor on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game. That ticket shall be the only acceptable evidence of the combination of digits, numbers, or symbols selected. Draw game tickets may be purchased only from retailers.(14) Drawing--The procedure by which the commission randomly selects winning combinations of digits, numbers, or symbols in accordance with the rules of the game as set forth in the rules of the specific game being played and the draw procedures for the specific game.(15) Drawing pool--The amount of money available for all prize categories for a specific drawing.(16) Draw procedures--The written document approved by the executive director that specifies the draw procedures for a particular game, if a drawing is designed as part of the game.(17) Duplicate ticket--A ticket produced by photograph, xerography, or any other method other than a ticket generated by a terminal.(18) Executive director--The executive director of the Texas Lottery Commission.(19) Game number--The number on the back of the scratch ticket which refers to the number associated with the particular scratch ticket game.(20) Game procedures--The written document approved by the director that includes, among other things, the game name, how a prize is won, game prize structure, play style, and eligibility for a drawing, if any.(21) High-tier prize--A prize of $600 or more.(22) Indirect prize category contribution--Amounts allocated from the roll-over and prize breakage for a specific draw game drawing.(23) Invalid ticket--Any ticket that fails to meet all validation requirements of the commission.(24) Lottery gaming system--The commission or commission's vendor's computer system consisting of terminals, central processing equipment, and a communication network.(25) Lottery retailer or retailer--A licensed sales agent, as contemplated by Chapter 466, Government Code.(26) Low-tier prize--A prize of less than $25.(27) Mid-tier prize--A prize of $25 or more but less than $600.(28) Minor--An individual younger than 18 years of age.(29) Pack number--The unique number on the back of the scratch ticket that designates the number of the pack within a specific scratch ticket game.(30) Play--A set of numbers that appear on a ticket that are to be wagered by a player in a lottery game, or as otherwise defined in a particular draw game rule.(31) Playslip--The physical or electronic means by which a player communicates their intended Play selection, plus any game specific add-on features, to the retailer. A playslip has no pecuniary value and shall not constitute evidence of ticket purchase or of numbers selected.(32) Play area--The covered area of a scratch ticket that when removed, reveals the ticket play symbols.(33) Play style--The method of play to determine a winner for an individual game.(34) Play symbol--The printed data on a scratch ticket that is used to determine eligibility for a prize. The symbols for individual games will be specified in individual scratch ticket game procedures.(35) Present at the terminal--A player remains physically present at the terminal from the time the player's order for the purchase of draw game tickets is paid for and accepted by the retailer until the processing of the order is completed and the tickets are delivered to the player at the retailer terminal location.(36) Prize amounts--The amount of money payable to each share in a prize category, the annuitized future value of each share in a prize category, or the net present cash value of each share in a prize category for each draw game drawing. Prize amounts are calculated by dividing the prize category contribution, the annuitized future value of the prize category contribution, or the net present cash value of the prize category contribution by the number of shares determined for the prize category.(37) Prize breakage--The money which is left over from the rounding down of the pari-mutuel prize levels to the next lowest whole dollar amount or money which is in excess of the amount needed to pay a prize.(38) Prize category--The matching combinations of numbers and their corresponding prize levels as described in rules for the specific game being played.(39) Prize category contributions--Refers to contributions for each drawing to each prize category, including direct and indirect prize category contributions.(40) Prize fund--The monies allocated to be returned to players in winning tickets within a specific scratch ticket game.(41) Prize pool--In a draw game, the total amount of money available for prizes as a percentage of the total sales for the current draw period.(42) Prize structure--The number, value, prize payout percentage, and odds of winning prizes for an individual game as approved by the executive director.(43) Promotion--One or more events coordinated or conducted by the commission at retail sites, fairs, festivals and other appropriate venues, or in conjunction with one or more particular Texas Lottery games, to educate players about Texas Lottery products and/or sell Texas Lottery games through a retailer in specific markets to maximize Texas Lottery sales and statewide awareness.(44) Promotional drawing--A drawing in which qualified contestants are awarded prizes in a random manner in accordance with the procedures set forth for a specific promotion.(45) Quick Pick--A play option that generates random numbers in a manner approved by the commission.(46) Roll-over--The amount in a specific draw game prize pool category resulting from no matching combinations and/or prize breakage from the previous drawing.(47) Sales agent--A person licensed under the State Lottery Act to sell Texas Lottery tickets.(48) Scratch ticket--A scratch ticket lottery game, developed and offered for sale to the public in accordance with commission rules, that is played by revealing the ticket play symbols.(49) Shares--In a draw game, the total number of matching combinations within each prize category as determined for each drawing.(50) Terminal--A device authorized by the commission for the purpose of issuing draw game tickets and/or validating claims, including the commission or commission's vendor's computer hardware as well as commission-authorized third-party point-of-sale systems.(51) Third-party point-of-sale systems--Self-contained computerized equipment (not owned or operated by the commission or lottery operator) that performs sales-related tasks at a licensed lottery ticket retailer's checkout counter and that has the sole Texas Lottery-related purpose of selling lottery tickets. Third-party point-of-sale systems will only perform the same lottery-related tasks as terminals owned or operated by the commission or lottery operator and may not issue electronic tickets or display outcomes for draw and scratch games using casino-style graphics of any kind. Third-party point-of-sale systems do not include any gambling device.(52) Ticket--Any tangible evidence issued to provide participation in a lottery game or activity authorized by the State Lottery Act.(53) Ticket bearer--The person who has signed the ticket or who has possession of an unsigned ticket.(54) Ticket number--The number on the back of the scratch ticket that refers to the ticket sequence within a specific pack of a scratch ticket game.(55) Validation number--The unique alphanumeric number sequence or barcode printed on a ticket that provides for the verification of the ticket as a valid winner.(56) Valid ticket--A ticket which meets all specifications and validation requirements and entitles the holder to a specific prize amount.(57) Void ticket--Any ticket that is stolen, unissued, illegible, mutilated, altered, counterfeit in whole or part, misregistered, defective, incomplete, printed or produced in error, multiply printed, fails any of the commission's confidential validation tests, or is a ticket produced by or for the commission for education and training purposes.(58) Winning combination--One or more digits, numbers, or symbols randomly selected by the commission in a drawing which has been certified.", "sourceNote": "Source Note: The provisions of this §140.301 adopted\r\nto be effective November 29, 2001, 26 TexReg 9589; amended to be effective\r\nDecember 26, 2007, 32 TexReg 9609; amended to be effective December\r\n31, 2017, 42 TexReg 7385; amended to be effective August 30, 2020,\r\n45 TexReg 5908; amended to be effective February 26, 2025, 50 TexReg\r\n984; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226172", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.302", "label": "Scratch Ticket Game Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226173", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sale of scratch tickets.(1) Only retailers who have been licensed by the commission are authorized to sell scratch tickets, and scratch tickets shall be sold only at the location listed on each retailer's license from the commission. For purposes of this section, the sale of a scratch ticket at the licensed location means a lottery transaction in which all elements of the sale between the retailer and the purchaser must take place at the retailer location, including the exchange of consideration and the exchange of the scratch ticket.(2) Each scratch ticket shall sell for the retail sales price authorized by the executive director and stated in the individual game procedures; provided that, the purchase price for promotional groups of tickets shall be determined by the executive director.(3) Each scratch ticket shall state the overall estimated odds of winning a prize of any kind, including a break-even prize.(b) Game procedures.(1) The director may approve and publish individual game procedures prior to each scratch ticket game being introduced for sale to the public. Game procedures shall be published in the Texas Register and shall be made available upon request to the public.(2) At a minimum, the game procedures for each game shall contain the following information:(A) confirming captions;(B) game name;(C) game number;(D) prize structure;(E) play style;(F) play symbols;(G) ticket order quantity;(H) retail sales price;(I) dollar amount of prizes that may be paid by retailers; and(J) eligibility requirements for a prize or promotional drawing, if any.(3) The play style for an individual game shall be fully described in the game procedures and may take the form of one of the following methods of play:(A) match up;(B) add up;(C) three in a line;(D) key number/symbol match;(E) yours beats theirs;(F) prize legend;(G) cards;(H) bingo;(I) directional arrows through maze;(J) bonus game features; or(K) any other approved play style or bonus game feature developed by the commission.(c) Determination of prize winner.(1) The play symbols shall be used by a player to determine eligibility for prizes. Qualifying play symbols are stated in the game procedures.(2) A player's eligibility to win a prize is subject to the ticket validation requirements provided in subsection (d) of this section.(3) For each individual game, the player shall reveal the play symbols according to the play instructions for the game. Eligibility to win a prize is based on the approved play style as follows.(A) Match up. If the designated number of identical play symbols is revealed on the ticket, the player shall win the prize indicated.(B) Add up. If the player adds up all of the play symbols printed on the ticket and the amount is greater than or equal to the required total amount printed on the ticket, the player shall win the prize indicated.(C) Three in a line. If the player reveals three identical play symbols, either diagonally, vertically, or horizontally, on the same ticket, the player shall win the prize indicated.(D) Key number/symbol match. If the player reveals a play symbol that matches the designated key play symbol, the player shall win the prize indicated.(E) Yours beats theirs. If the player reveals a play symbol designated as yours that is greater than the play symbol(s) designated as theirs, the player shall win the prize indicated.(F) Prize legend. If the player reveals the designated number of play symbols, the player wins the prize amount that corresponds to the legend.(G) Cards. If the player reveals the play symbol needed for that particular card game in a winning combination, the player shall win the prize indicated.(H) Bingo. If the player matches their Bingo card numbers with all of the Caller's Card numbers and reveals certain patterns as specified on the ticket, the player shall win the prize indicated for that Bingo card and pattern.(I) Directional arrows through maze. If the player follows the directional arrows to make a path or paths through a maze and the path(s) leads to a prize amount, the player shall win that prize.(J) Bonus game features. These features are added to the game for extra play value and entertainment. The specific variants, as described below, are used for a particular game and are described in the individual game procedures:(i) Doubler. If the player reveals the designated play symbol as part of the winning combination of the game, the player doubles their prize. The player may also reveal the \"doubler\" play symbol in a prize box, in which case the prize amount that the player won is doubled.(ii) Wild card. The player may use this designated play symbol as part of the winning combination of the game.(iii) Double and Double Doubler. If the player reveals one of these designated play symbols as part of the winning combination of the game, the player either doubles or quadruples their prize respectively, as stated in the game card itself. The player may also reveal the \"double\" or \"double doubler\" play symbols in a prize box, in which case the prize amount that the player won is either doubled or quadrupled respectively, as stated in the game card itself.(iv) Tripler. If the player reveals the designated play symbol as part of the winning combination of the game, the player triples their prize. The player may also reveal the \"tripler\" play symbol in a prize box, in which case the prize amount that the player won is tripled.(v) Auto win. If the player reveals the designated play symbol, the player wins the corresponding prize automatically.(vi) Entry ticket. If the player reveals the designated play symbol, the player may use the ticket as a means of entering a drawing, subject to the game procedures for each game.(K) Any other approved play style or bonus game feature developed by the commission. If the player reveals the designated play symbols or bonus play features, the player shall win the prize(s) as indicated.(d) Ticket validation requirements.(1) Each scratch ticket shall be validated according to validation procedures prior to payment of a prize.(2) A scratch ticket shall comply with all of the following. (A) The ticket shall not be stolen or appear on any list of omitted tickets on file with the commission.(B) The ticket shall not be counterfeit or forged, in whole or in part.(C) The ticket shall not be mutilated, altered, unreadable, reconstituted, or tampered with in any manner.(D) The ticket shall have been issued by the commission in an authorized manner.(E) The ticket shall have been received or recorded by the commission by applicable deadlines.(F) The ticket shall pass all the confidential validation and security tests appropriate to the applicable play style.(G) The validation number of an apparent winning ticket shall appear on the commission's official list of validation numbers of winning tickets for the particular game and pack. A ticket with that validation number shall not have been paid previously.(3) The commission may pay the prize for a ticket that is partially mutilated or not intact if the ticket can still be verified as a valid ticket and validated by the other validation requirements and procedures.(4) Any ticket not passing all of the validation tests and requirements is void and ineligible for any prize and shall not be paid. The executive director may, at his/her exclusive determination, reimburse the player for the cost of the void ticket.(5) If a defective ticket is purchased and is void, the sole remedy available against the commission and the commission's sole liability shall be, at the executive director's sole discretion, reimbursement for the cost of the void ticket, or replacement of the defective ticket with another unplayed ticket in that scratch ticket game (or a ticket of equivalent sales price from any other current scratch ticket game).(e) Payment of low-tier and mid-tier prizes.(1) Any prize less than $600 may be paid by any retailer.(2) Retailers may pay prizes in cash. If acceptable to the claimant, retailers may also pay cash prizes by business check, certified check, cashier's check, money order, gift card, stored-value card, or store merchandise. If a retailer decides to pay with anything other than cash, it is the responsibility of the retailer to ensure the claimant has voluntarily agreed to the non-cash prize payment.(3) Retailers may pay claims for prizes, if the commission's validation system is operational.(4) Before paying a prize, retailers shall validate the winning ticket according to established validation requirements and procedures.(5) Payment of a prize by a retailer will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification, if appropriate.(6) If a low- or mid-tier claim is presented to the commission, the claimant shall follow all procedures of the commission related to claiming a prize. Upon validation of the ticket as a winning ticket, the commission shall pay the claimant the amount due in accordance with commission procedures. If the ticket is determined to be a non-winning ticket, the claim shall be denied and the claimant shall be promptly notified.(f) Payment of high-tier prizes.(1) High-tier prizes must be presented for payment to the commission. For purposes of this provision, the term \"commission\" includes claim centers located throughout Texas. In connection with certain scratch ticket games, the top-level prizes must be claimed at commission headquarters. (2) If a high-tier claim is presented to the commission, the claimant shall follow all procedures of the commission related to claiming a prize. Upon validation of the ticket as a winning ticket, the commission shall pay the claimant the amount due in accordance with commission procedures. If the ticket is determined to be a non-winning ticket, the claim shall be denied and the claimant shall be promptly notified.(3) Before paying any prize, claim center personnel shall validate the winning ticket according to established validation requirements and procedures.(4) All prizes shall be subject to tax withholding, offsets, and other withholdings as provided by law.(5) If a person is indebted or owes delinquent taxes to the state, other than those specified in paragraph (4) of this subsection, the winnings of a person shall be withheld until the debt or taxes are paid.(6) When paying a prize of $600 or more, the commission shall file the appropriate income reporting form with the Internal Revenue Service.(7) Payment of a prize will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification.(8) The director shall recognize only one person as claimant of a particular prize. A claim may be made in the name of a person other than an individual only if the person possesses a federal employer identification number (FEIN) issued by the Internal Revenue Service and such number is shown on the claim form. Groups, family units, clubs, organizations, or other persons without an FEIN shall designate one individual in whose name the claim is to be filed. If a claim is erroneously entered with multiple claimants, the claimants shall designate one of them as the individual recipient of the prize, or, if they fail to designate an individual recipient, the director may designate any one of the claimants as the sole recipient. In either case, the claim shall then be considered as if it were originally entered in the name of the designated individual and payment of any prizes won shall be made to that single individual. Once a ticket is submitted as a claim, it will not be returned to the winner.(9) The executive director has discretion to set a maximum total cash amount or maximum payment time period for each prize level.(g) Payment of prize awarded to minor.(1) A person 18 years of age or older may purchase a ticket to give as a gift to another person, including a minor.(2) If a minor is entitled to a cash prize of less than $600, the commission shall deliver to an adult member of the minor's family or to the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.(3) If a minor is entitled to a cash prize of $600 or more, the commission shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.(4) If a minor is entitled to a prize other than money, the commission shall pay the cash equivalent of such prize in the manner provided by paragraphs (2) and (3) of this subsection.(5) A retailer is not authorized to pay a prize claimed by a minor.(h) Ticket responsibility.(1) A ticket is a bearer instrument until signed on the back by the ticket holder.(2) The commission shall not be responsible for lost, stolen, or destroyed tickets.(3) The commission shall not be responsible for erroneous or mutilated tickets.(4) The commission shall not be responsible for tickets claimed by a player in error for a lower prize at a retailer.(5) The commission shall not be responsible for tickets delivered to any address other than that designated by the commission for such purpose.(i) Disputed ticket. If a dispute arises between the commission and a ticket claimant concerning whether the ticket is a winning ticket and if the ticket prize has not been paid, the executive director may, exclusively at his/her determination, reimburse the claimant for the cost of the disputed ticket. This shall be the claimant's exclusive remedy.(j) Game closing.(1) The executive director or his/her designee shall determine the closing date for an individual scratch ticket game in accordance with a scratch ticket game closing procedure that defines the criteria used to monitor scratch ticket sales performance and that identifies when scratch ticket games should be closed.(A) The procedure shall provide for the timely closing of a scratch ticket game after all top-level prizes in the game have been claimed or on an earlier date as determined by the executive director.(B) The procedure shall provide for ending ticket sales in a scratch ticket game within 45 days after game closing procedures have been initiated.(2) No tickets in a scratch ticket game may be sold after the scratch ticket game closing date.(k) Governing law. In purchasing a scratch ticket, the lottery player agrees to comply with and abide by Texas law, all rules, procedures, and final decisions of the commission, and all procedures and instructions established by the executive director for the conduct of the scratch ticket game.", "sourceNote": "Source Note: The provisions of this §140.302 adopted to\r\nbe effective May 29, 1992, 17 TexReg 3637; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective January 4, 1995, 19 TexReg 10097; amended\r\nto be effective March 14, 1996, 21 TexReg 1756; amended to be effective\r\nAugust 31, 1999, 24 TexReg 6971; amended to be effective November\r\n29, 2001, 26 TexReg 9589; amended to be effective June 10, 2007, 32\r\nTexReg 2986; amended to be effective December 31, 2017, 42 TexReg\r\n7385; amended to be effective August 30, 2020, 45 TexReg 5908; amended\r\nto be effective November 2, 2023, 48 TexReg 6353; amended to be effective\r\nFebruary 26, 2025, 50 TexReg 984; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226173", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.303", "label": "Grand Prize Drawing Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226174", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section shall not apply to individual games that do not provide for a grand prize drawing. (b) Eligibility for a grand prize drawing shall be determined by, but not limited to, a direct entry to a grand prize drawing or an entry into a preliminary draw as provided in the applicable draw procedures. The executive director shall determine any prizes to be awarded and the method, manner, and timing of payment which shall be stated in the applicable draw procedures. (c) Preliminary draws and grand prize drawings shall be conducted at times and places and pursuant to the methods stated in the applicable draw procedures. (d) An entry to a preliminary or grand prize drawing submitted by a player in accordance with the applicable draw procedures is eligible to be included in a drawing as provided in the applicable draw procedures. (e) Entries to a preliminary or grand prize drawing shall be delivered to the address designated on the applicable game ticket no later than the last day of the time frame specified in the applicable draw procedures. (f) The number of preliminary draw(s) and grand prize drawing winner(s) selected to advance or to win a prize shall be specified in the applicable draw procedures. The odds of winning an entry into these drawings for a prize of a specific amount need not be uniform throughout the game and are subject to change by the executive director. (g) Each grand prize drawing finalist shall submit a completed claim form and the winning ticket to the commission prior to the grand prize drawing. Failure to timely submit these items and failure to have a valid ticket will be cause for ineligibility to the grand prize drawing. (h) Each grand prize drawing finalist will be notified by the commission of the date of his/her appearance at the grand prize drawing. If a finalist is unable to attend, the finalist may appoint a proxy with the approval of the executive director. (i) If a dispute arises between the commission and a ticket claimant concerning whether the ticket is a winning ticket and if the ticket prize has not been paid, the executive director may, exclusively at his/her determination, reimburse the claimant for the cost of the disputed ticket. This shall be the claimant's exclusive remedy.", "sourceNote": "Source Note: The provisions of this §140.303 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective March 14, 1996, 21 TexReg 1756; amended\r\nto be effective November 29, 2001, 26 TexReg 9589; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226174", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.304", "label": "Draw Game Rules (General)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226175", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Price of tickets and prizes.(1) The purchase price of each draw game ticket shall be as set forth in the rules of the specific game being played; provided that, the purchase price for promotional groups of tickets shall be determined by the executive director.(2) The prize pool for draw games shall have contributions to prize categories as set forth in the rules of the specific game being played.(b) Sale of tickets.(1) Entry of Plays. Plays may be entered using the lottery retailer terminal keypad or touch screen, by means of a playslip, using authorized third-party point-of-sale (\"POS\") systems, or by other means approved by the commission. Retailers shall not permit any device to be physically or wirelessly connected to a lottery terminal to enter Plays, except as approved by the commission. A ticket generated using a selection method that is not approved by the commission is not valid. Acceptable methods of Play selection may include:(A) using a self-service lottery ticket vending machine;(B) using a playslip;(C) using a previously-generated draw game ticket, from the game being played, provided by the player;(D) selecting a Quick Pick;(E) requesting a retailer to manually enter numbers; or(F) using a QR code generated through a Texas Lottery Mobile Application offered and approved by the commission.(2) Except to the extent that sales in draw games are impeded by draw breaks, draw game tickets may be sold during draw game operating hours. Retailers must give prompt service to lottery customers present and waiting at the terminal to purchase tickets for draw games.(3) Draw game tickets shall be sold only at the location listed on each retailer's license from the commission. For purposes of this section, the sale of a draw game lottery ticket at the licensed location means a lottery transaction in which all elements of the sale between the retailer and the purchaser must take place at the retailer location using their terminal, including the exchange of consideration, the exchange of the playslip if one is used, and the exchange of the draw game ticket. No part of the sale may take place away from the terminal.(4) The executive director may authorize promotions in connection with any draw game.(5) Announcement of incentive or bonus program. The executive director shall announce each incentive or bonus program prior to its commencement. The announcement shall specify the beginning and ending time, if applicable, of the incentive or bonus program and the value for the award.(6) Player Responsibility. It shall be the sole responsibility of the player to verify the accuracy of the game Play or Plays and other data printed on the ticket. The placing of Plays is done at the player's own risk through the licensed sales agent who is acting on behalf of the player in entering the Play or Plays.(c) Drawings and end of sales prior to drawings.(1) The manner and frequency of drawings shall be as set forth in the rules of the specific game being played and the draw procedures for the specific game.(2) The drawings shall be conducted at times and locations to be announced by the executive director.(3) The executive director shall establish the times for draw breaks for each draw game.(4) The executive director or his/her designee shall designate the type of drawing equipment to be used and shall establish draw procedures to randomly select the winning combination for each type of draw game. Draw procedures shall include provisions for the substitution of backup drawing equipment in the event the primary drawing equipment malfunctions or fails for any reason.(5) A lottery drawing representative and an independent certified public accountant, shall be responsible for conducting the drawing in compliance with the lottery's draw procedures. A lottery drawing representative and an independent certified public accountant, shall attest whether the drawing was conducted in accordance with proper draw procedures at the end of each drawing.(d) Procedures for claiming draw game prizes.(1) All apparent winning tickets presented for payment to the lottery or a retailer must meet the commission's validation requirements as set forth in subsection (e) of this section.(2) To claim a draw game prize of less than $600, the claimant may present the winning draw game ticket to a retailer or to the commission. All tickets validated by a retailer must be paid by that retailer. If the retailer chooses not to validate the winning draw game ticket, the retailer does not have to pay the draw game prize. The commission will pay all winning draw game tickets pursuant to this section.(3) To claim a draw game prize of $600 or more, the claimant shall present the winning draw game ticket to the commission. In connection with certain draw games, the top-level prizes must be claimed at commission headquarters. For any claim presented to the commission, the claimant shall follow all procedures of the commission related to claiming a prize. Upon validation of the ticket as a winning ticket, the commission shall pay the claimant the amount due in accordance with commission procedures. If the ticket is determined to be a non-winning ticket, the claim shall be denied and the claimant shall be promptly notified.(4) Before paying any prize, claim center personnel shall validate the winning ticket according to established validation requirements and procedures.(5) All prizes shall be subject to tax withholding, offsets, and other withholdings as provided by law.(6) If a person is indebted or owes delinquent taxes to the state, other than those specified in paragraph (5) of this subsection, the winnings of a person shall be withheld until the debt or taxes are paid.(7) When paying a prize of $600 or more, the commission shall file the appropriate income reporting form with the Internal Revenue Service.(8) Payment of a prize will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification following the completion of all procedures of the commission related to claiming a prize.(9) The commission shall recognize only one person as claimant of a particular prize. A claim may be made in the name of a person other than an individual only if the person possesses a federal employer identification number (FEIN) issued by the Internal Revenue Service and such number is shown on the claim form. Groups, family units, clubs, organizations, or other persons without an FEIN shall designate one individual in whose name the claim is to be filed. If a claim is erroneously entered with multiple claimants, the claimants shall designate one of them as the individual recipient of the prize, or, if they fail to designate an individual recipient, the director may designate any one of the claimants as the sole recipient. In either case, the claim shall then be considered as if it were originally entered in the name of the designated individual and payment of any prizes won shall be made to that single individual. Once a ticket is submitted as a claim, it will not be returned to the winner.(10) The executive director has discretion to set a maximum total cash amount or maximum payment time period for each prize level.(e) Validation requirements.(1) To be a valid winning draw game ticket, all of the following conditions must be met.(A) All printing on the ticket shall be present in its entirety, be legible, and correspond, using the computer validation file, to the combination and data printed on the ticket. The ticket must have been produced prior to the drawing.(B) The ticket shall not be mutilated, altered, unreadable, reconstituted, misregistered, defective, incomplete, or tampered with in any manner.(C) The ticket shall not be counterfeit or forged, in whole or in part, or an exact duplicate of another winning ticket.(D) The ticket must have been issued by an authorized retailer in an authorized manner on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game.(E) The ticket shall not be stolen. Neither the commission nor its retailers shall be responsible for the payment of prizes for lost or stolen tickets.(F) The ticket shall not have been previously paid.(G) The ticket data shall have been recorded on the central computer system prior to the drawing, and the ticket data must match the computer record data in every respect.(H) The ticket shall pass all other confidential security checks of the commission.(2) The commission may pay the prize for a draw game ticket that is partially mutilated or not intact if the ticket can still be validated by the other validation requirements.(3) Liability for void tickets, if any, is limited to the replacement of ticket or refund of the sales price.(4) A ticket shall be the only valid receipt for claiming a prize. A copy of a ticket or a playslip has no pecuniary or prize value and shall not constitute evidence of ticket purchase or of numbers selected.(5) In submitting an official draw game ticket for validation, the player agrees to abide by applicable laws, all commission rules, regulations, policies, directives, instructions, conditions, procedures, and final decisions of the executive director.(6) All prizes shall be subject to tax withholdings, offsets, and other withholdings as provided by law.(f) Payment of prizes by retailers.(1) A retailer may pay to the ticket bearer game prizes of an amount less than $600 for any valid claims presented to that retailer. All tickets validated by a retailer must be paid by that retailer. Retailers may pay claims for prizes if the commission's validation system is operational. The retailer shall not charge the claimant any fee for payment of the prize or for cashing a business check drawn on the licensed retailer's account.(2) Retailers may pay prizes in cash. If acceptable to the claimant, retailers may also pay cash prizes by business check, certified check, cashier's check, money order, gift card, stored-value card, or store merchandise. If a retailer decides to pay with anything other than cash, it is the responsibility of the retailer to ensure the claimant has voluntarily agreed to the non-cash prize payment.(g) Payment of prize awarded to minor.(1) A person 18 years of age or older may purchase a ticket to give as a gift to another person, including a minor.(2) If a minor is entitled to a cash prize of less than $600, the commission shall deliver to an adult member of the minor's family or to the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.(3) If a minor is entitled to a cash prize of $600 or more, the commission shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.(4) If a minor is entitled to a prize other than money, the commission shall pay the cash equivalent of such prize in the manner provided by paragraphs (2) and (3) of this subsection.(5) A retailer is not authorized to pay a prize claimed by a minor.(h) Game termination and prize claim period.(1) The executive director or his/her designee, at any time, may announce the termination date for a draw game. If this occurs, no tickets for that draw game shall be sold past the termination date.(2) Draw game prizes shall be claimed no later than 180 days after the applicable draw date of the draw game. In the event any player who has a valid winning ticket does not claim the prize within 180 days after the drawing in which the prize was won, the prize amount shall be deposited in accordance with Government Code, §466.408.", "sourceNote": "Source Note: The provisions of this §140.304 adopted\r\nto be effective February 16, 1993, 18 TexReg 707; amended to be effective\r\nSeptember 20, 1993, 18 TexReg 5885; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective March 14, 1996, 21 TexReg 1756; amended\r\nto be effective August 31, 1999, 24 TexReg 6971; amended to be effective\r\nNovember 29, 2001, 26 TexReg 9589; amended to be effective December\r\n26, 2007, 32 TexReg 9609; amended to be effective December 31, 2017,\r\n42 TexReg 7385; amended to be effective August 30, 2020, 45 TexReg\r\n5908; amended to be effective April 28, 2022, 47 TexReg2131; amended\r\nto be effective February 26, 2025, 50 TexReg 984; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226175", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.305", "label": "\"Lotto Texas\" Draw Game Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226176", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Lotto Texas® . The executive director is authorized to conduct a game known as \"Lotto Texas.\" The executive director may issue further directives for the conduct of Lotto Texas that are consistent with this rule. In the case of conflict, this rule takes precedence over §401.304 of this title (relating to Draw Game Rules (General)). Lotto Texas consists of a base game for which plays may be purchased for the opportunity to win prizes during drawings in accordance with this section. Lotto Texas With Extra!® is an add-on feature that allows players who purchase this feature to increase non-jackpot prize amounts.(b) Definitions. In addition to the definitions provided in §401.301 of this title (relating to General Definitions), and unless the context in this rule otherwise requires, the following definitions apply:(1) Lotto Texas Play--A Lotto Texas Play refers to the selection of six different numbers from 1 to 54 for one opportunity to win a prize in the Lotto Texas base game and the purchase of a ticket evidencing that selection. A Lotto Texas With Extra! Play refers to a play purchased as part of the Extra! feature fully described in subsection (g) of this section.(2) Playboard--A field of 54 numbers from 1 to 54 found on the playslip.(3) Roll cycle--A series of drawings that ends when there is a drawing for which one or more tickets are sold that match the six numbers drawn in the Lotto Texas base game drawing. A new roll cycle begins with the next Lotto Texas base game drawing after one or more tickets are sold that match the six numbers drawn in the drawing.(c) Lotto Texas Plays and tickets.(1) A Lotto Texas base game ticket may be sold only by a retailer and only at the location listed on the retailer's license. A ticket sold by a person other than a retailer is not valid.(2) The price of a single play for the Lotto Texas base game is $1.(3) A player may use a single playslip or other commission-approved method of play to purchase the same Lotto Texas or Lotto Texas With Extra! Play(s) for up to 15 consecutive drawings, to begin with the next drawing after the purchase.(4) At the time of making a play, a player may select the option for payment of the cash value or annuitized payments of a share of the jackpot if the play is a winning play. If no selection is made, payment option will be as described in the chart below:Attached Graphic(5) A retailer shall issue a ticket as evidence of one or more plays. A ticket must show the numbers selected for each play, the number of plays, the draw date(s) for which the plays were purchased, the cost of the ticket, the jackpot payment option, and the security and transaction serial numbers. Tickets must be printed on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game.(6) An unsigned winning ticket is payable to the holder or bearer of the ticket if the ticket meets all applicable validation requirements.(d) Drawings.(1) Lotto Texas base game drawings shall be held each week on the days and at times specified by the executive director.(2) Six different numbers from 1 to 54 shall be drawn at each drawing.(3) Numbers drawn must be certified by the commission in accordance with the commission's draw procedures.(4) The numbers selected in each drawing shall be used to determine all winning plays for that drawing.(5) Each drawing shall be witnessed by an independent certified public accountant. All drawing equipment used shall be examined by a commission drawings representative and the independent certified public accountant immediately before each drawing and immediately after each drawing.(e) Lotto Texas Advertised Jackpots. For the Lotto Texas base game drawing, the commission shall approve a jackpot amount to be advertised in a manner prescribed by written procedure. The advertised amount shall be an amount payable in 30 annual installments. To the extent that advertised amount is based on projected sales, the projections shall be fair and reasonable. The commission may approve an increase in the amount of the jackpot originally advertised for a drawing if the increase is supported by reasonable sales projections and is prescribed by written procedure.(f) Lotto Texas Prizes. The following prizes are intended for the Lotto Texas base game drawing only.(1) Jackpot prize (first prize).(A) A person who holds a valid ticket for a play matching (in any order) the six numbers drawn in a drawing is entitled to a share of the jackpot prize (first prize) for the drawing.(B) The jackpot prize for a drawing is the greater of:(i) 40.47 percent of the proceeds from Lotto Texas ticket sales for all drawings in the roll cycle and any earnings on an investment of all or part of the proceeds from ticket sales, paid in 30 annual installments; or(ii) The amount advertised in accordance with subsection (e) of this section as the estimated jackpot for the drawing, paid in 30 annual installments.(C) Except as provided by subparagraph (F) of this paragraph, a person who is entitled to a share of a jackpot prize and who opted for annualized installment payments, shall receive payment in 30 annual installments.(D) The first installment payment shall be made upon completion of commission validation procedures. The subsequent 29 installment payments shall be made annually on the 15th day of the month in which the applicable drawing occurred.(E) The second through 29th installment payments shall be in equal amounts. The first installment payment may be equal to or higher than the subsequent installment payments.(F) If a person would otherwise receive total installment payments of $2 million or less, the commission shall pay the person, upon completion of all validation procedures, a single payment in the amount of the cash value of those total installment payments. The cash value is the cost on the first business day after the applicable drawing of funding those installment payments.(G) A person who is entitled to a share of the jackpot and who selected the cash value option, or for whom the cash value option was automatically selected shall receive the greater of the following two amounts:(i) a share of 40.47 percent of the proceeds from Lotto Texas ticket sales; or(ii) the cost on the day after the drawing of funding a share of installment payments under subparagraph (B)(ii) of this paragraph.(H) A payment under subparagraph (G) of this paragraph shall be made upon completion of commission validation procedures.(I) Any investment necessary to fund a jackpot prize shall be made on the first business day after a drawing for which one or more tickets were sold that match the six numbers drawn in the drawing.(J) A claim for a jackpot prize must be presented at the Austin claim center.(K) If 40.47 percent of the proceeds from Lotto Texas ticket sales is not sufficient to pay a jackpot prize, the commission shall use funds from other authorized sources, including the State Lottery Account as identified in Government Code, §466.355.(2) Second prize.(A) A person who holds a valid ticket for a play matching (in any order) five of the six numbers drawn in a drawing is entitled to a share of the second prize for that drawing.(B) The second prize consists of 2.23 percent of the proceeds from Lotto Texas ticket sales for the drawing and any amounts carried forward under subparagraph (D) of this paragraph.(C) A payment made to a person for a share of the second prize for a drawing shall be rounded to the closest whole dollar amount. An amount of exactly fifty cents shall be rounded up to the nearest whole dollar amount.(D) Any part of the second prize for a drawing that is not paid in prizes shall be carried forward and shall become part of the second prize for the next drawing.(3) Third prize.(A) A person who holds a valid ticket for a play matching (in any order) four of the six numbers drawn in a drawing is entitled to a share of the third prize for that drawing.(B) The third prize consists of 3.28 percent of the proceeds from Lotto Texas ticket sales for the drawing and any amounts carried forward under subparagraphs (C) and (D) of this paragraph.(C) A payment made to a person for a share of the third prize for a drawing shall be rounded to the closest whole dollar amount. An amount of exactly fifty cents shall be rounded up to the nearest whole dollar amount.(D) Any part of the third prize for a drawing that is not paid in prizes shall be carried forward and shall become part of the third prize for the next drawing.(4) Fourth prize.(A) A person who holds a valid ticket for a play matching (in any order) three of the six numbers drawn in a drawing is entitled to a guaranteed prize of $3.(B) If 4.02 percent of the proceeds from Lotto Texas ticket sales is not sufficient to pay all fourth prizes for a draw, the commission shall use funds from other authorized sources, including the State Lottery Account as identified in Government Code, §466.355. (C) To the extent that the total amount of fourth prizes for a drawing is less than 4.02 percent of the proceeds from ticket sales for the drawing, the difference shall be carried forward to fund future fourth prize payments.(5) A person may win only one prize per play per drawing. A player who holds a valid ticket for a winning play is entitled to the highest prize for that play.(6) A share of a prize is determined by dividing the prize by the number of winning plays for that prize.(7) Jackpot payment amounts are calculated on the first business day after the applicable drawing. A claimant is not entitled to interest or other earnings on those amounts, regardless of when the claim is actually presented and regardless of the dates on which payments are made.(g) Lotto Texas With Extra!.(1) A Lotto Texas player may purchase the Extra! feature by paying an additional $1 per play at the time of his/her Lotto Texas base game ticket purchase.(2) Extra! offers players a chance to increase the amount of any of the non-jackpot prizes won in a Lotto Texas base game drawing, and to win a prize for matching two of the six numbers drawn. The Extra! feature does not apply to a Lotto Texas base game jackpot prize (match six-of-six).(3) A Lotto Texas Play that wins one of the non-jackpot prizes or matches two of the six numbers drawn, and for which the player paid an additional $1 for Extra!, shall be paid as follows:Attached Graphic(h) Lotto Texas Jackpot information on commission website. (1) After the commission has approved an advertised estimated annuitized jackpot under subsection (e) of this section, the commission shall post the following information on the agency website:(A) the amount of ticket sales, if any, for previous drawings in the roll cycle;(B) the amount of projected ticket sales for the upcoming drawing;(C) investment information used to determine the advertised estimated jackpot; and(D) other information used to determine the advertised estimated jackpot.(2) After the commission determines that one or more tickets have been sold that match the six numbers drawn in a drawing, the commission shall post on the agency website information used to calculate the Lotto Texas base game jackpot prize.", "sourceNote": "Source Note: The provisions of this §140.305 adopted\r\nto be effective April 23, 2006, 31 TexReg 2851; amended to be effective\r\nDecember 26, 2007, 32 TexReg 9609; amended to be effective April 24,\r\n2011, 36 TexReg 2382; amended to be effective April 14, 2013, 38 TexReg\r\n371; amended to be effective September 17, 2015, 40 TexReg 6101; amended\r\nto be effective March 1, 2018, 43 TexReg 1045; amended to be effective\r\nAugust 30, 2020, 45 TexReg 5908; amended to be effective March 4,\r\n2021, 46 TexReg 1378; amended to be effective April 28, 2022, 47 TexReg\r\n2131; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226176", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.306", "label": "Video Lottery Games" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226177", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No person may operate any game using a video lottery machine or machine.(b) As used in this section, \"video lottery machine\" or \"machine\" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including, but not limited to, video poker, keno, and blackjack, utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens, or that directly dispenses cash, coins, or tokens.", "sourceNote": "Source Note: The provisions of this §140.306 adopted to\r\nbe effective September 28, 1993, 18 TexReg 6223; transferred effective\r\nDecember 27, 1993, as published in the Texas Register January 4, 1994,\r\n19 TexReg 78; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226177", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.307", "label": "\"Pick 3\" Draw Game Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226178", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pick 3¢ . The executive director is authorized to conduct a game known as \"Pick 3.\" The executive director may issue further directives and procedures for the conduct of Pick 3 that are consistent with this rule. In the case of conflict, this rule takes precedence over §401.304 of this title (relating to Draw Game Rules (General)).(b) Definitions. In addition to the definitions provided in §401.301 of this title (relating to General Definitions), and unless the context in this rule otherwise requires, the following definitions apply.(1) Pick 3 Play--A play other than a Pick 3 plus FIREBALL play consists of:(A) the selection of a play type;(B) the selection of a Pick 3 base play amount of $.50, $1, $2, $3, $4 or $5;(C) the selection of a draw date and time;(D) the selection of numbers in accordance with this section; and(E) the purchase of a ticket evidencing those selections.(2) Pick 3 plus FIREBALL Play--A Pick 3 plus FIREBALL play refers to a play purchased as part of the Pick 3 plus FIREBALL add-on feature fully described in subsection (h) of this section. A Pick 3 FIREBALL number is the additional number drawn from 0 to 9 that is used to replace any one of the three Pick 3 winning numbers to make FIREBALL prize winning combinations. The Pick 3 plus FIREBALL option cannot be purchased independently of a Pick 3 play.(3) Playboard--Three fields of numbers found on the playslip, with each field containing 10 numbers from 0 to 9.(c) Play types.(1) Pick 3 may include the following play types: exact order, any order, exact/any order, combo, and Pick 3 plus FIREBALL.(A) An \"exact order\" play is a winning play if the player's three single-digit numbers match in exact order the three single-digit numbers drawn in the applicable drawing.(B) An \"any order\" play is a winning play if the player's three single-digit numbers match in any order the three single-digit numbers drawn in the applicable drawing.(C) An \"exact order/any order\" play is a winning play if either the player's three single-digit numbers match in exact order the numbers drawn in the applicable drawing or the player's three single-digit numbers match in any order the numbers drawn in the applicable drawing.(i) An exact order/any order play is a 3-way play when exact order/any order play is selected as the play type in connection with a set of three single-digit numbers that includes two occurrences of one single-digit number and one occurrence of one other single-digit number. An exact order/3-way any order play involves three possible winning combinations.(ii) An exact order/any order play is a 6-way play when exact order/any order play is selected as the play type in connection with a set of three single-digit numbers that includes a single occurrence of three different single-digit numbers. An exact order/6-way any order play involves six possible winning combinations.(iii) An exact order/any order play is not permitted in connection with a set of numbers that includes three occurrences of one single-digit number.(D) A \"combo\" play combines all of the possible straight (exact) plays that can be played with the three single-digit numbers selected for the play.(i) A combo play may be a 3-way combo play or a 6-way combo play.(ii) 3-way combo play is a combo play in connection with a set of three single-digit numbers that includes two occurrences of one single-digit number and one occurrence of one other single-digit number. A 3-way combo play involves three possible winning combinations. (iii) 6-way combo play is a combo play in connection with a set of three single-digit numbers that includes a single occurrence of three different single-digit numbers. A 6-way combo play involves six possible winning combinations.(iv) Combo play is not permitted in connection with a set of numbers that includes three occurrences of one single-digit number.(E) A Pick 3 plus FIREBALL play wins a FIREBALL prize for each winning combination of numbers created by replacing any one of the three Pick 3 winning numbers with the Pick 3 FIREBALL number for that drawing, as determined by the selected play type and wager amount.(2) The executive director may allow or disallow any type of play described in this subsection. (d) Plays and tickets.(1) A ticket may be sold only by a retailer and only at the location listed on the retailer's license. A ticket sold by a person other than a retailer is not valid.(2) A Pick 3 play involves the selection of three single-digit numbers, with each selected from the numbers 0 to 9.(3) The cost of an exact order play is the same as the Pick 3 base play amount selected for the play.(4) The cost of an any order play is the same as the Pick 3 base play amount selected for the play.(5) The cost of an exact order/any order play is:(A) $1 if the Pick 3 base play amount selected for the play is $.50;(B) $2 if the Pick 3 base play amount selected for the play is $1;(C) $4 if the Pick 3 base play amount selected for the play is $2;(D) $6 if the Pick 3 base play amount selected for the play is $3;(E) $8 if the Pick 3 base play amount selected for the play is $4; or(F) $10 if the Pick 3 base play amount selected for the play is $5.(6) The cost of a combo play is determined by multiplying the Pick 3 base play amount selected for the play by the number of winning combinations possible with the three single-digit numbers selected for the play.(7) The cost of a Pick 3 plus FIREBALL play is equal to the cost of the connected Pick 3 wager for the base game, thereby doubling the purchase. The cost of a Pick 3 plus FIREBALL play is in addition to the cost of the connected Pick 3 play.(8) The cost of a ticket is determined by the total cost of the plays evidenced by the ticket.(9) Consecutive plays. A player may purchase one or more plays for any one or more of the next 24 drawings after the purchase and may purchase up to 24 consecutive plays for a particular drawing time.(10) A retailer shall issue a ticket as evidence of one or more plays. A ticket must show the numbers, play type and base play amount selected for each play; the number of plays, the draw date(s) for which the plays were purchased; cost of the ticket, and the security and transaction serial numbers. Tickets must be printed on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game.(11) An unsigned winning ticket is payable to the holder or bearer of the ticket if the ticket meets all applicable validation requirements.(e) Cancellation of plays. A retailer may cancel a Pick 3 play only in accordance with the following provisions:(1) the ticket evidencing the play must have been sold at the retail location at which it is cancelled;(2) the retailer must have possession of the ticket evidencing the play;(3) all Pick 3 plays evidenced by a single ticket must be cancelled;(4) cancellation may occur no later than 60 minutes after sale of the ticket evidencing the play;(5) cancellation must occur before the beginning of the next draw break after the sale of the ticket evidencing the play;(6) cancellation must occur before midnight on the day the ticket evidencing the play was sold; and(7) the play was not generated as part of a promotion.(f) Drawings.(1) Pick 3 drawings shall be held four times a day, Monday through Saturday, at 10:00 a.m., 12:27 p.m., 6:00 p.m., and 10:12 p.m. Central Time. The executive director may change the drawing schedule, if necessary.(2) At each Pick 3 drawing, three single-digit numbers shall be drawn for the base game. Each single-digit number will be drawn from a set that includes a single occurrence of all 10 single-digit numbers (0 to 9). After the Pick 3 base game drawing, the Pick 3 FIREBALL number will be randomly drawn from a set of 10 numbered balls (0 to 9).(3) Numbers drawn and the order in which the numbers are drawn must be certified by the commission in accordance with the commission's draw procedures.(4) The numbers selected in a drawing and the order of the numbers selected in the drawing shall be used to determine all winners for that drawing.(5) Each drawing shall be witnessed by an independent certified public accountant. All drawing equipment used shall be examined by a lottery drawing representative and the independent certified public accountant immediately before each drawing and immediately after each drawing.(g) Prizes.(1) Prize payments shall be made upon completion of commission validation procedures.(2) A Pick 3 plus FIREBALL play is a separate play from the exact order play, any order play, exact order/any order play, or combo play with which it is connected.(3) The executive director may temporarily increase any prize set out in this paragraph for promotional or marketing purposes. (4) A person who holds a valid ticket for a winning exact order play is entitled to a prize as shown.Attached Graphic(5) A person who holds a valid ticket for a winning 3-way any order play is entitled to a prize as shown.Attached Graphic(6) A person who holds a valid ticket for a winning 6-way any order play is entitled to a prize as shown.Attached Graphic(7) A person who holds a valid ticket for a winning exact order/3-way any order play is entitled to a prize as shown.Attached Graphic(8) A person who holds a valid ticket for a winning exact order/6-way any order play is entitled to a prize as shown.Attached Graphic(9) A person who holds a valid ticket for a winning combo play is entitled to a prize as shown.Attached Graphic(h) Pick 3 plus FIREBALL.(1) Pick 3 plus FIREBALL is an add-on feature to the Pick 3 base game. Adding the Pick 3 plus FIREBALL option doubles the cost of wager and creates more possible winning combinations. For instance, if a player purchases a Pick 3 play with an exact order play type for $1.00, the Pick 3 plus FIREBALL play will cost an additional $1.00. If a player purchases a Pick 3 \"6-way combo\" for $6, the Pick 3 plus FIREBALL play will cost an additional $6. The Pick 3 FIREBALL number will be randomly drawn from a set of 10 numbers from 0 to 9. The Pick 3 FIREBALL number drawn will apply exclusively to the Pick 3 base game drawing and prizes. The Pick 3 plus FIREBALL option cannot be purchased independently of a Pick 3 play.(2) The Pick 3 FIREBALL number is used to replace any one of the three drawn Pick 3 winning numbers to create FIREBALL prize winning combinations.(3) If the player's selected numbers match any of the FIREBALL prize winning combinations, the Pick 3 plus FIREBALL play wins in accordance with the charts in Figures 401.307(g)(4) through 401.307(g)(9).(4) All FIREBALL prizes are in addition to any Pick 3 base game wins. Specifically, if a player purchases the Pick 3 plus FIREBALL option, then if the Pick 3 FIREBALL number is the same as one of the three numbers drawn in the Pick 3 base game drawing, and the player's numbers already match the numbers drawn for the player's play type, the player will be awarded the FIREBALL prize in addition to the Pick 3 prize as identified in subsection (g) of this section (relating to the Pick 3 prize charts). For instance, assume a player selects an exact order $1.00 base game play of 1, 2, and 3, and purchases a Pick 3 plus FIREBALL play for an additional $1.00 (total $2.00 wager). If the Pick 3 winning numbers drawn are 1-2-3, and the Pick 3 FIREBALL number is 1, the play will win the base game prize of $500 and the FIREBALL prize of $180 for a total of $680. As another example, assume the player selects an exact order 1-2-2 for $1.00 and purchases a Pick 3 plus FIREBALL play for an additional $1.00 (total $2.00 wager). If the Pick 3 winning numbers drawn are 1-2-2 and the Pick 3 FIREBALL number is 2, then the play will win the base game prize of $500 and win the FIREBALL prize of $180 twice for a total of $860.", "sourceNote": "Source Note: The provisions of this §140.307 adopted\r\nto be effective June 10, 2007, 32 TexReg 2990; amended to be effective\r\nDecember 26, 2007, 32 TexReg 9609; amended to be effective May 28,\r\n2013, 38 TexReg 3341; amended to be effective September 17, 2015,\r\n40 TexReg 6101; amended to be effective December 31, 2017, 42 TexReg\r\n7385; amended to be effective April 28, 2019, 44 TexReg 1309; amended\r\nto be effective August 30, 2020, 45 TexReg 5908; amended to be effective\r\nApril 28, 2022, 47 TexReg 2131; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226178", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.308", "label": "\"Cash Five\" Draw Game Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226179", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Cash Five®. A Texas Lottery draw game to be known as \"Cash Five\" is authorized to be conducted by the executive director under the following rules and under such further instructions and directives as the executive director may issue in furtherance thereof. If a conflict arises between this rule and §401.304 of this title (relating to Draw Game Rules (General)), this section shall have precedence.(b) Definitions. In addition to the definitions provided in §401.301 of this title (relating to General Definitions), and unless the context in this rule otherwise requires, the following definitions apply.(1) Multi-draw--A player may purchase a Cash Five play for up to 12 consecutive drawings beginning with the current draw.(2) Play--The five numbers selected and printed on the ticket.(3) Playboard--A field of 35 numbers from 1 to 35 found on the playslip.(c) Play for Cash Five.(1) Type of play. A Cash Five player must select five numbers out of a field of 35 numbers in each play or allow number selection by a random number generator approved by the commission, referred to as Quick Pick. A winning play is achieved only when two, three, four, or five of the numbers selected by the player match, in any order, two, three, four or five, respectively, of the five winning numbers drawn by the lottery.(2) The price of a single Cash Five play for the Cash Five game is $1.00.(3) Cash Five plays may be purchased only at a licensed location from a lottery retailer authorized to sell draw game tickets.(4) A retailer shall issue a ticket as evidence of one or more plays. A ticket must show the numbers selected for each play, the number of plays, the draw date(s) for which the plays were purchased, the cost of the ticket, and the security and transaction serial numbers. Tickets must be printed on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game. (5) One prize per play. The holder of a winning play may win only one prize per play in connection with the winning numbers drawn and shall be entitled only to the highest prize category won by those numbers.(d) Prizes for Cash Five. The first, second, and third prize amounts, for each drawing, paid to each Cash Five player who selects a matching combination of numbers is a fixed amount shown in the chart below, Figure: 16 TAC §401.308(d). The Match 5 top prize is a guaranteed (fixed) amount of $25,000; provided that, in any drawing where the number of top prize winning plays is greater than three (3), the top prize shall be paid on a pari-mutuel rather than fixed prize basis and a liability cap of $75,000 (Seventy-Five Thousand Dollars) will be divided equally by the number of top prize winning plays. In this case, the calculation of the Match 5 top prize shall be rounded down so that prizes can be paid in multiples of whole dollars. Any part of the top pari-mutuel prize for a drawing that is not paid in prizes (breakage) shall be applied to offset prize expense. The Match 2 (fourth prize) is a guaranteed free Cash Five Quick Pick ticket. All other prizes are paid in cash. Attached Graphic(e) Drawings.(1) The Cash Five drawings shall be held each week on Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday evenings at 10:12 p.m. Central Time except that the drawing schedule may be changed by the executive director, if necessary.(2) The drawings will be conducted by lottery officials.(3) Each drawing shall determine, at random, five winning numbers in accordance with Cash Five draw procedures. Any numbers drawn are not declared winning numbers until the drawing is certified by the lottery in accordance with the draw procedures. The winning numbers shall be used in determining all Cash Five winners for that drawing.(4) Each drawing shall be witnessed by an independent certified public accountant. All drawing equipment used shall be examined by a lottery drawing representative and the independent certified public accountant immediately prior to a drawing and immediately after the drawing.(5) A drawing will not be invalidated based on the financial liability of the lottery.", "sourceNote": "Source Note: The provisions of this §140.308 adopted\r\nto be effective October 4, 1995, 20 TexReg 7600; amended to be effective\r\nNovember 8, 1996, 21 TexReg 10745; amended to be effective June 2,\r\n1999, 24 TexReg 3998; amended to be effective November 29, 2001, 26\r\nTexReg 9589; amended to be effective July 28, 2002, 27 TexReg 4009;\r\namended to be effective December 26, 2007, 32 TexReg 9609; amended\r\nto be effective November 29, 2010, 35 TexReg 10495; amended to be\r\neffective September 17, 2015, 40 TexReg 6101; amended to be effective\r\nDecember 31, 2017, 42 TexReg 7385; amended to be effective September\r\n23, 2018, 43 TexReg 4551; amended to be effective August 30,2020,\r\n45 TexReg 5908; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226179", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.309", "label": "Assignability of Prizes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226180", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. \"Prize Winner\"--The name of the person who presented a valid ticket, claimed a lottery prize and was and is recognized by the Texas Lottery as the person entitled to receive the lottery prize payments and who is not an assignee of the lottery prize. In the event of any conflict between a person who presented a ticket and a person who is recognized by the Texas Lottery as the person entitled to receive the lottery prize payments, a \"prize winner\" is the person recognized by the Texas Lottery as the person entitled to receive lottery prize payments.(b) Prizes in the lottery are not assignable except:(1) if the prize winner dies before the prize is paid, the director shall pay the prize as required by law;(2) pursuant to an appropriate judicial order under Texas Government Code, §466.406(c) that resolves a bona fide underlying controversy involving the prize winner, which order shall not include an order issued to enforce or approve an agreement between a prize winner and any third party where the prize winner has agreed to transfer future prize payments to a third party in exchange for consideration; or(3) pursuant to an order under Texas Government Code, §466.410 obtained by a prize winner or an assignee of a prize winner.(c) An order entered pursuant to Texas Government Code, §466.406(c). An order entered pursuant to Texas Government Code, §466.406(c) must contain, in addition to any provisions required by law, the following: (1) Recitation that the judicial order comports with the requirements of Texas Government Code, §466.406(c), as follows: It is ordered and decreed that this (Order/Judgment) affecting the payment of the lottery winnings comports with the requirements of Texas Government Code, §466.406(c) and constitutes an \"appropriate judicial order\" authorizing the Texas Lottery Commission to make the (identified) payments of lottery installment proceeds, less any taxes and/or other offsets or mandatory withholdings required by law, to (give name and amount).(2) Discharge of Liability provision, as follows: It is further ordered and decreed that upon payment of each installment of lottery proceeds to (Name and amount), pursuant to (Order/Judgment), less any taxes and/or other offsets or mandatory withholdings required by law, the Texas Lottery Commission will be discharged of all further liability with respect to that installment of lottery proceeds in accordance with Texas Government Code, §466.402(d).(3) Release of the Texas Lottery Commission and Indemnification provision, as follows: Upon entry of this (Order/Judgment), pursuant to Texas Government Code, §466.406, (Name of prize winner or assignee of prize winner), on behalf of themselves, their agents, heirs, and representatives hereby waive and release any and all claims, whatsoever, known or unknown, they may have against the Texas Lottery Commission, its members, employees, agents, representatives, or successors, as of the date of this (Order/Judgment) relating to the installment payments assigned by this (Order/Judgment). In addition, (Name of prize winner or assignee of prize winner) on behalf of themselves, their agents, heirs, and representatives shall indemnify and hold harmless the Texas Lottery Commission, its members, employees, agents, representatives, or successors, from any claim whatsoever, known or unknown, made as a result of the Texas Lottery Commission's compliance with this (Order/Judgment).(d) An order entered pursuant to Texas Government Code, §466.410. An order entered pursuant to Texas Government Code, §466.410 must contain, in addition to any provisions required by law, the following: (1) Recitation that the judicial order comports with the requirements of Texas Government Code, §466.410, as follows: It is ordered and decreed that this (Order/Judgment) affecting the payment of the lottery winnings comports with the requirements of Texas Government Code, §466.410 directing the Texas Lottery Commission to make the (identified) payments of lottery installment proceeds, less any taxes and/or other offsets or mandatory withholdings required by law, to (give name and amount).(2) Discharge of Liability provision, as follows: It is further ordered and decreed that upon payment of each installment of lottery proceeds to (Name and amount), pursuant to (Order/Judgment), less any taxes and/or other offsets or mandatory withholdings required by law, the Texas Lottery Commission will be discharged of all further liability with respect to that installment of lottery proceeds in accordance with Texas Government Code, §466.402(d).(3) Release of the Texas Lottery Commission and Indemnification provision, as follows: Upon entry of this (Order/Judgment) and the Commission's acknowledgement of this (Order/Judgment), pursuant to Texas Government Code, §466.410, (Name of assignor), on behalf of themselves, their agents, heirs, and representatives hereby waive and release any and all claims, whatsoever, known or unknown, they may have against the Texas Lottery Commission, its members, employees, agents, representatives, or successors, as of the date of this (Order/Judgment) relating to the installment payments assigned by this (Order/Judgment). In addition, (Name of assignor) on behalf of themselves, their agents, heirs, and representatives shall indemnify and hold harmless the Texas Lottery Commission, its members, employees, agents, representatives, or successors, from any claim whatsoever, known or unknown, made as a result of the Texas Lottery Commission's compliance with this (Order/Judgment).(e) Procedures for a prize winner or an assignee of a prize winner regarding assignments. All of the following requirements must be met before the Texas Lottery will complete the assignment process for specific installment payments.(1) The prize winner or assignee of a prize winner must submit to the commission an original notarized affidavit executed by the prize winner or assignee of the prize winner providing an original Release and Indemnification Agreement.(2) The prize winner or the assignee of a prize winner must pay the commission an administrative fee of $500.00 for each assignment.(3) The prize winner and assignee must provide tax identification information to the commission for proper prize verification and W-2G preparation, and the citizenship or resident alien number for the assignee, if the assignee is an individual.(4) The assignee must promptly provide the commission an original notarized statement containing payment instructions and contact information.", "sourceNote": "Source Note: The provisions of this §140.309 adopted\r\nto be effective March 14, 1996, 21 TexReg 2074; amended to be effective\r\nSeptember 1, 1999, 24 TexReg 6972; amended to be effective November\r\n29, 2001, 26 TexReg 9589; amended to be effective November 9, 2011,\r\n36 TexReg 7552; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226180", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.310", "label": "Payment of Prize Payments Upon Death of Prize Winner" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226181", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The personal representative of the estate of a deceased prize winner entitled to payment of lottery prize installment payments pursuant to the State Lottery Act §466.406(b), may petition the executive director to pay the net present value all of the remaining lottery prize installment payments, not previously assigned, in a lump sum payment to the estate. For this rule, \"prize winner\" means an individual who claimed the prize as an individual and not as a representative of a legal entity and does not include a legal entity. The personal representative of the estate must present with the petition to the executive director an order from the proper Probate Court in compliance with the requirements set out in part (b), below.(1) The net present value lump sum payment to be distributed shall represent the lesser of the commission's book value or fair market value of that portion of the unassigned future installment payments that are to be paid to the estate, less any applicable taxes or other offsets required by the State Lottery Act, Texas Government Code Chapter 466. The commission's book value is the daily recalculated amortized cost of investments under the interest method. The fair market value is the value of investments at any point in time as determined by the market place.(2) The valuation of the securities at the lower of the commission's book value or fair market value and the determination of the net present value of the remaining unassigned installment payments shall be at the sole determination and discretion of the executive director.(3) The securities and/or cash representing the future lottery prize installment payments held for the deceased prize winner, not previously assigned, shall be distributed to the estate of the deceased prize winner by payment into the registry of the proper Probate Court upon confirmation by the executive director of the Probate Court's order's compliance with part (b) below.(b) The commission shall require an order from the proper Probate Court, in order to facilitate the payment of the remaining unassigned lottery prize installment payments. The commission shall require the order of the Probate Court to include, at a minimum, the following language and findings:(1) Language approving the form and substance of the order by all representatives of the estate of the deceased prize winner, whether such representatives are executors or administrators and by all beneficiaries and/or heirs known and existing at the time the order is signed by the Probate Judge;(2) Language indicating that an attorney ad litem was appointed by the court to represent and investigate the interests of any unknown heirs, beneficiaries or claimants to the estate, and a finding by the court, after full consideration of the attorney ad litem's report documenting the investigation and findings, that the payment of the remaining unassigned lottery prize installment payments is appropriate based on the attorney ad litem's findings;(3) Language providing for indemnification and holding the commission harmless by all representatives of the estate of the deceased prize winner from any and all liability of the estate of the deceased prize winner for federal estate and state inheritance taxes, or other tax liability, and including any offsets or deductions required by the State Lottery Act, and from any claim known or unknown, existing now or arising in the future, that may be made by a third party as a result of the lump sum payment of the net present value of the remaining unassigned lottery prize installment payments;(4) Language providing that, upon payment of the net present value of the remaining unassigned lottery prize installment payments, the commission has satisfied in full its obligations to the estate of the deceased prize winner, including the representatives, beneficiaries, heirs, and any claimants to the estate, and shall be released from any further liability to either the estate of the deceased prize winner or to the beneficiaries, heirs, or claimants to the estate, whether known or unknown; further, a proposed indemnification and release, approved by the commission and representatives of the estate, will be submitted for approval by the Probate Court prior to entry of the Probate Court's order and will be fully executed by all representatives and beneficiaries or heirs of the estate prior to distribution of the lump sum payment into the registry of the Probate Court;(5) Language requiring the commission to pay the lump sum payment into the registry of the court within 30 days after the securities are liquidated, such liquidation being required by signed order of the Probate Court. In the event there is a delay of time between the sale of the securities and the payment into the registry of the court, any interest earned during this period of time shall be kept by the State of Texas;(6) Language providing that the Probate Court found by competent evidence that the payment of the remaining net present value of the unassigned lottery prize installment payments is necessary to pay the estate or inheritance tax burden imposed on the estate by federal and/or state taxing authorities; and(7) Based upon the facts and circumstances of the underlying probate matter, the commission may require additional language or findings to be set forth in the judicial order.", "sourceNote": "Source Note: The provisions of this §140.310 adopted\r\nto be effective March 11, 1997, 22 TexReg 2353; amended to be effective\r\nNovember 29, 2001, 26 TexReg 9589; amended to be effective September\r\n13, 2007, 32 TexReg 6147; transferred effective October 1, 2025, as\r\npublished in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226181", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.312", "label": "\"Texas Two Step\" Draw Game Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226182", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Texas Two Step® . The executive director is authorized to conduct a game known as \"Texas Two Step.\" The executive director may issue further directives for the conduct of Texas Two Step that are consistent with this rule. In the case of conflict, this rule takes precedence over §401.304 of this title (relating to Draw Game Rules (General)).(b) Definitions. In addition to the definitions provided in §401.301 of this title (relating to General Definitions), and unless the context in this rule otherwise requires, the following definitions apply.(1) Play--The selection of four different numbers from 1 to 35 and the selection of an additional number from 1 to 35 for one opportunity to win in Texas Two Step, and the purchase of a ticket evidencing that selection.(2) Playboard--Two fields found on the playslip, with each field containing 35 numbers from 1 to 35.(3) Roll cycle--A series of one or more drawings that ends when there is a drawing for which one or more tickets are sold that match, in accordance with the provisions of subsection (e)(1)(A) of this section, the numbers drawn in the drawing. A new roll cycle begins with the next drawing after a drawing for which one or more jackpot tickets are sold that match, in accordance with the provisions of subsection (e)(1)(A) of this section, the numbers drawn in the drawing.(c) Plays and tickets.(1) A ticket may be sold only by a retailer and only at the location listed on the retailer's license. A ticket sold by a person other than a retailer is not valid.(2) The price of a play is $1.(3) A player may use a single playslip, or other commission-approved method of play, to purchase the same play(s) for up to 10 consecutive drawings, to begin with the next drawing after the purchase.(4) A retailer shall issue a ticket as evidence of one or more plays. A ticket must show the numbers selected for each play, the number of plays, the draw date(s) for which the plays were purchased, the cost of the ticket, and the security and transaction serial numbers. Tickets must be printed on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game.(5) An unsigned winning ticket is payable to the holder or bearer of the ticket if the ticket meets all applicable validation requirements.(d) Drawings.(1) Texas Two Step drawings shall be held each week on the days and at times specified by the executive director.(2) At each Texas Two Step drawing, the commission shall draw four different numbers from a set of numbers from 1 to 35, and the commission shall draw a single number from a separate set of numbers from 1 to 35.(3) Numbers drawn must be certified by the commission in accordance with the commission's draw procedures.(4) The numbers selected in a drawing shall be used to determine all winners for that drawing.(5) Each drawing shall be witnessed by an independent certified public accountant. All drawing equipment used shall be examined by a lottery drawing representative and the independent certified public accountant immediately before each drawing and immediately after each drawing.(e) Prizes.(1) Jackpot prize (first prize).(A) A person who holds a valid ticket for a Texas Two Step play is entitled to a share of the jackpot prize (first prize) for a drawing if:(i) the four numbers the player selected from a field of 35 numbers match (in any order) the four numbers selected from a set of 35 numbers at the drawing; and(ii) the single number the player selected from a field of 35 numbers matches the single number selected from a set of 35 numbers at the drawing.(B) The jackpot prize for a Texas Two Step drawing is the amount the commission establishes and authorizes vendors to publicize for the drawing.(C) If 23.78 percent of Texas Two Step sales proceeds for a roll cycle are not sufficient to pay a jackpot prize, the commission shall use funds from other authorized sources, including the State Lottery Account established by Government Code §466.355, to pay the prize.(2) Second prize.(A) A person who holds a valid ticket for a Texas Two Step play is entitled to a share of the second prize for a drawing if:(i) the four numbers the player selected from a field of 35 numbers match (in any order) the four numbers selected from a set of 35 numbers at the drawing; and(ii) the single number the player selected from a field of 35 numbers does not match the single number selected from a set of 35 numbers at the drawing.(B) The second prize consists of 2.79 percent of the proceeds from Texas Two Step ticket sales for the drawing and any amounts carried forward under subparagraph (D) of this paragraph.(C) A payment made to a person for a share of the second prize for a drawing shall be rounded to the closest whole dollar amount. An amount of exactly fifty cents shall be rounded up to the nearest whole dollar amount.(D) Any part of the second prize for a drawing that is not paid in prizes shall be carried forward and shall become part of the second prize for the next drawing.(3) Third prize.(A) A person who holds a valid ticket for a Texas Two Step play is entitled to a share of the third prize for a drawing if:(i) three of the four numbers the player selected from a field of 35 numbers match (in any order) three of the four numbers selected from a set of 35 numbers at the drawing; and(ii) the single number the player selected from a field of 35 numbers matches the single number selected from a set of 35 numbers at the drawing.(B) The third prize consists of 0.34 percent of the proceeds from Texas Two Step ticket sales for the drawing and any amounts carried forward under subparagraph (D) of this paragraph.(C) A payment made to a person for a share of the third prize for a drawing shall be rounded to the closest whole dollar amount. An amount of exactly fifty cents shall be rounded up to the nearest whole dollar amount.(D) Any part of the third prize for a drawing that is not paid in prizes shall be carried forward and shall become part of the third prize for the next drawing.(4) Fourth prize.(A) A person who holds a valid ticket for a Texas Two Step play is entitled to a share of the fourth prize for a drawing if:(i) three of the four numbers the player selected from a field of 35 numbers match (in any order) three of the four numbers selected at the drawing from a set of 35 numbers; and(ii) the single number the player selected from a field of 35 numbers does not match the single number selected from a set of 35 numbers at the drawing.(B) The fourth prize consists of 4.60 percent of the proceeds from Texas Two Step ticket sales for the drawing and any amounts carried forward under subparagraph (D) of this paragraph.(C) A payment made to a person for a share of the fourth prize for a drawing shall be rounded to the closest whole dollar amount. An amount of exactly fifty cents shall be rounded up to the nearest whole dollar amount.(D) Any part of the fourth prize for a drawing that is not paid in prizes shall be carried forward and shall become part of the fourth prize for the next drawing.(5) Fifth prize.(A) A person who holds a valid ticket for a Texas Two Step play is entitled to a share of the fifth prize for a drawing if:(i) two of the four numbers the player selected from a field of 35 numbers match (in any order) two of the four numbers selected from a set of 35 numbers at the drawing; and(ii) the single number the player selected from a field of 35 numbers matches the single number selected from a set of 35 numbers at the drawing.(B) The fifth prize consists of 3.04 percent of the proceeds from Texas Two Step ticket sales for the drawing and any amounts carried forward under subparagraph (D) of this paragraph.(C) A payment made to a person for a share of the fifth prize for a drawing shall be rounded to the closest whole dollar amount. An amount of exactly fifty cents shall be rounded up to the nearest whole dollar amount.(D) Any part of the fifth prize for a drawing that is not paid in prizes shall be carried forward and shall become part of the fifth prize for the next drawing.(6) Sixth prize.(A) A person who holds a valid ticket for a Texas Two Step play is entitled to a $7 prize for a drawing if:(i) one of the four numbers the player selected from a field of 35 numbers matches one of the four numbers selected from a set of 35 numbers at the drawing; and(ii) the single number the player selected from a field of 35 numbers matches the single number selected from a set of 35 numbers at the drawing.(B) If 6.87 percent of sales proceeds for the drawing are not sufficient to pay all of the sixth prizes for that drawing, the commission shall use funds from other authorized sources, including the State Lottery Account established by Government Code §466.355, to pay the prize.(C) To the extent that the total amount of sixth prizes for a Texas Two Step drawing is less than 6.87 percent of the proceeds from ticket sales for the drawing, the difference shall be carried forward to fund future sixth prize payments.(7) Seventh prize.(A) A person who holds a valid ticket for a Texas Two Step play is entitled to a $5 prize for a drawing if:(i) none of the four numbers the player selected from a field of 35 numbers match any of the four numbers selected from a set of 35 numbers at the drawing; and(ii) the single number the player selected from a field of 35 numbers matches the single number selected from a set of 35 numbers at the drawing.(B) If 8.58 percent of sales proceeds for the drawing are not sufficient to pay all of the seventh prizes for that drawing, the commission shall use funds from other authorized sources, including the State Lottery Account established by Government Code §466.355, to pay the prize.(C) To the extent that the total amount of seventh prizes for a Texas Two Step drawing is less than 8.58 percent of the proceeds from ticket sales for the drawing, the difference shall be carried forward to fund future seventh prize payments.(8) A person may win only one prize per play per drawing. A player who holds a valid ticket for a winning play is entitled to the highest prize for that play.(9) A share of a prize is determined by dividing the prize by the number of winning plays for that prize.(10) A Texas Two Step prize payment shall be made upon completion of commission validation procedures.(11) A claimant is not entitled to interest or other earnings on a prize, regardless of when a claim is actually presented and regardless of when payment is made.(f) Jackpot information on commission website. After the commission has approved an advertised estimated jackpot under subsection (e) of this section, the commission shall post the following information on the agency website:(1) the amount of ticket sales, if any, for previous drawings in the roll cycle; and(2) the amount of projected ticket sales for the upcoming drawing.", "sourceNote": "Source Note: The provisions of this §140.312 adopted\r\nto be effective May 26, 2008, 33 TexReg 2949; amended to be effective\r\nSeptember 17, 2015, 40 TexReg 6101; amended to be effective December\r\n31, 2017, 42 TexReg 7385; amended to be effective August 30, 2020,\r\n45 TexReg 5908; amended to be effective March 4, 2021, 46 TexReg 1378;\r\namended to be effective April 28, 2022, 47 TexReg 2131; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226182", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.313", "label": "Promotional Drawings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226183", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligibility for a promotional drawing shall be determined by, but not limited to, a direct entry to a promotional drawing as provided in the applicable draw procedures. The executive director shall determine any prizes to be awarded, and the method, manner, and timing of payment that shall be stated in the applicable draw procedures.(b) Promotional drawings shall be conducted at times and places pursuant to the methods stated in the applicable draw procedures.(c) The number of promotional drawing winners selected to win a prize shall be specified in the applicable draw procedures.(d) Each promotional drawing winner will be notified by the commission that the person is a winner, as specified in the applicable draw procedures.(e) In entering a promotional drawing, the player agrees to abide by applicable laws, all commission rules, regulations, policies, directives, instructions, conditions, procedures, and final decisions of the executive director.", "sourceNote": "Source Note: The provisions of this §140.313 adopted to\r\nbe effective November 29, 2001, 26 TexReg 9589; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226183", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.314", "label": "Retailer Bonus Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226184", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Only a licensed commission retailer shall be eligible to obtain a retailer bonus.(b) A retailer is not eligible for a retailer bonus unless the retailer is in compliance with the State Lottery Act, Government Code, Chapter 466, commission rules, and procedures.(c) The retailer must abide by all commission rules, regulations, policies, directives, instructions, conditions, procedures and final decisions of the executive director in connection with the retailer bonus.(d) The retailer bonus for each lottery game in which a retailer bonus may be awarded is set out in the commission procedures for that particular lottery game.", "sourceNote": "Source Note: The provisions of this §140.314 adopted to\r\nbe effective November 29, 2001, 26 TexReg 9589; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226184", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.315", "label": "\"Mega Millions\" Draw Game Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226185", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mega Millions® . The Multi-State Lottery Association (MUSL) has entered into an Agreement (Cross-Sell Agreement) with those U.S. lotteries operating under an agreement to sell a draw game known as Mega Millions (Mega Millions Lotteries) to permit the MUSL Party Lotteries who are members of the MUSL Mega Millions (M2G2) Product Group (\"Product Group\"), including the Texas Lottery Commission (commission), to sell the Mega Millions lottery game. The purpose of the Mega Millions game is the generation of revenue for Mega Millions Lotteries and Product Group members participating under the Cross-Sell Agreement, through the operation of a specially designed multi-jurisdiction lottery game that will award prizes to Ticket holders matching specified combinations of numbers randomly selected in regularly scheduled drawings. The Mega Millions game is authorized to be conducted by the commission executive director (executive director) under the conditions of the Cross-Sell Agreement, MUSL rules, the laws of the State of Texas, this section, and under such further instructions, directives, and procedures as the executive director may issue in furtherance thereof. In this regard, the executive director is authorized to issue such further instructions and directives as may be necessary to conform the conduct and play of the Mega Millions game to the requirements of the MUSL rules and the Cross-Sell Agreement, if, in the opinion of the executive director, such instructions, directives, and procedures are in conformance with state law. To be clear, the authority to participate in the Mega Millions game is provided to the commission by MUSL through the Cross-Sell Agreement. The conduct and play of the Mega Millions game in Texas must conform to the MUSL Mega Millions (M2G2) Product Group Rules (\"MUSL MM Rules\"). Further, if a conflict arises between this section and §401.304 of this subchapter (relating to Draw Game Rules (General)), this section shall have precedence. In addition to other applicable rules contained in Chapter 401, this section and definitions herein apply unless the context requires a different meaning or is otherwise inconsistent with the intent of the MUSL MM Rules adopted by the Product Group.(b) Definitions. In addition to the definitions provided in §401.301 of this subchapter (relating to General Definitions), and unless the context in this section otherwise requires, the following definitions apply.(1) \"Agent\", \"Sales Agent\" or \"Retailer\" means a person licensed under the State Lottery Act to sell Texas Lottery Tickets, which include Mega Millions game Plays.(2) \"Drawing\" refers collectively to the formal draw event for randomly selecting the winning numbers that determine the number of winning Plays for each prize level of the Mega Millions game. Drawings will be held at the times and places established by the Mega Millions Lotteries.(3) \"Game Ticket\" or \"Ticket\" means an acceptable evidence of Play, as defined in §401.301 (relating to General Definitions) \"Draw game ticket\", produced in a manner that meets the specifications defined in the MUSL MM Rules, and is a physical representation of the Play or Plays sold to the player as described in subsection (h) of this section (Ticket Validation). (4) \"Mega Millions Lotteries\" refers to those lotteries that have reached a Cross-Sell Agreement with MUSL for the selling of the Mega Millions game. The Mega Millions Lotteries will determine the Mega Millions Advertised Jackpot Prize amount (cash value option and annuity).(5) \"Mega Millions Plays\" (MM Plays) shall refer to Plays purchased for the Mega Millions game.(6) \"Multiplier\" means a unique number that is automatically selected by the Lottery Gaming System according to the frequency set forth in subsection (f) of this section, for each Mega Millions Play.(7) \"MUSL\" means the Multi-State Lottery Association, a government-benefit association wholly owned and operated by the MUSL Party Lotteries.(8) \"MUSL Board\" means the governing body of the MUSL, which is comprised of the chief executive officer of each Party Lottery. (9) \"Party Lottery\" means a state lottery or lottery of a political subdivision or entity that has joined MUSL and, in the context of the Product Group rules, has joined in selling the games offered by the Product Group. \"Selling Lottery\" or \"Participating Lottery\" shall mean a state lottery or lottery of a political subdivision or entity that is participating in selling the Mega Millions game and that may be a member of either the Product Group or the Mega Million Lotteries.(10) \"Play\" means a set of six (6) numbers, the first five (5) from a field of seventy (70) numbers and the last one (1) from a field of twenty-four (24) numbers, that appear on a Ticket and are to be played by a player in the game. As used in this section, unless otherwise indicated, \"Play\" means a Mega Millions Play (\"MM Play\"). (11) \"Prize\" means an amount paid to a person or entity holding a winning Ticket. The term \"Jackpot Prize shall refer to the top prize in the Mega Millions game. \"Advertised Jackpot Prize\" shall mean the estimated annuitized Jackpot Prize amount as determined by the Mega Millions Lotteries. The Advertised Jackpot Prize is not a guaranteed prize amount and the actual Mega Millions Jackpot amount may vary from the advertised amount, except in circumstances where there is a guaranteed Mega Millions Jackpot Prize amount as described in subsection (g)(1) of this section.(12) \"Product Group\" means the MUSL Party Lotteries who are members of the MUSL Mega Millions Product Group and who offer the Mega Millions game product pursuant to the terms of the Cross-Sell Agreement between MUSL and the Mega Millions Lotteries, and in accordance with the Multi-State Lottery Agreement and the MUSL MM Rules.(13) \"Set Prize\" or \"low-tier prize\" means all other prizes, except the Jackpot Prize and, except in instances outlined in this section, or the MUSL MM Rules, will be equal to the prize amount established by the Mega Millions Lotteries. (14) \"Terminal\" means a device authorized by the commission for the purpose of issuing Mega Millions game Tickets and as defined in §401.301 of this subchapter (relating to General Definitions).(15) \"Winning Numbers\" means the indicia or numbers randomly selected during a Drawing event which shall be used to determine the winning Plays for the Mega Millions game contained on a Game Ticket.(c) Game Description. Mega Millions is a five (5) out of seventy (70) plus one (1) out of twenty-four (24) lottery game drawn on the day(s), time(s) and location(s) as determined by the Mega Millions Lotteries. Each Mega Millions Play will include a Multiplier, which is a unique number that is automatically selected by the Lottery Gaming System according to the frequency set for in subsection (f) of this section and printed directly on the Mega Millions Ticket. The Multiplier increases non-Jackpot Prizes by two times, three times, four times, five times or ten times the prize won. The Jackpot Prize will be paid at the election of the player made in accordance with this section, or by a default election made in accordance with this section, either on a graduated annuitized annual pari-mutuel basis or as a cash value option using a rate determined by the Mega Millions Lotteries on a pari-mutuel basis. Except as provided in this section, all other prizes are paid on a single payment basis. During the Drawing event, five (5) numbers shall be drawn from the first set of seventy (70) numbers, and one (1) number shall be drawn from the second set of twenty-four (24) numbers, which shall constitute the Winning Numbers. The Multiplier for each Play will be automatically selected by the Lottery Gaming System and printed on the Ticket at time of purchase.(1) Mega Millions Play. To play Mega Millions, a player shall select (or request a Quick Pick) five (5) different numbers, from a field of one (1) through seventy (70), and one (1) additional number from a second field of one (1) through twenty-four (24). The player selected (or the requested Quick Pick) number from the second field may be the same as one of the five numbers from the first field. The Lottery Gaming System will randomly generate the Multiplier, which will be included on each Mega Millions Play purchased and will multiply low-tier prizes only. The Multiplier is included in the price of a Play and is not an add-on. The Multiplier is further defined in subsection (b)(6) of this section. MM Plays can be purchased for five dollars (U.S. $5.00), including any specific statutorily-mandated tax of a Party Lottery to be included in the price of a lottery Play. Plays may be purchased from a commission approved Sales Agent in a manner as approved by the commission and in accordance MUSL MM rules.(2) Claims. A Ticket shall be the only proof of a game Play or Plays and is subject to the validation requirements set forth in subsection (h) of this section. The submission of a winning Ticket to the commission or its authorized Sales Agent shall be the sole method of claiming a prize or prizes. A playslip has no pecuniary or prize value and shall not constitute evidence of Play purchase or of numbers selected. A terminal-produced paper receipt has no pecuniary or prize value and shall not constitute evidence of Play purchase or of numbers selected.(3) Cancellations Prohibited. In all instances, a Play recorded on the Lottery Gaming System may not be voided or cancelled by returning the Ticket to the Sales Agent or to the commission, including Tickets that are misprinted, illegible, printed in error, or for any reason not successfully transferred to an authorized selling entity or player. A Selling Lottery may develop an approved method of compensating retailers for Plays that are not transferred to a player for a reason acceptable to the Selling Lottery and not prohibited by the Mega Millions Product Group. No Play that is eligible for a prize can be returned to the commission for credit. Plays accepted by retailers as returned Plays and which cannot be re-sold shall be deemed owned by the bearer thereof.(4) Maximum Purchase. The maximum number of consecutive drawings on a single Play purchase is ten (10).(5) Subscription sales. A subscription sales program may be offered, at the discretion of the executive director.(d) Mega Millions Prize Pool. The prize pool for all prize categories offered by the Party Lotteries shall consist of up to fifty-five percent (55%) of each Drawing period's sales, inclusive of any specific statutorily-mandated tax of a Party Lottery to be included in the price of a MM Play, and inclusive of contributions to the prize pool accounts and prize reserve accounts, but may be higher or lower based upon the number of winning Plays at each prize level, as well as the funding required to meet a guaranteed Annuity Jackpot Prize as may be required by subsection (g)(1) of this section.(1) Mega Millions Prize Pool Accounts and Prize Reserve Accounts. The Product Group shall set the contribution rates to the Prize Pool and Prize Reserve Accounts established by this section.(A) The following Prize Reserve Account for the Mega Millions game is hereby established: the Prize Reserve Account (PRA) which is used to guarantee the payment of valid, but unanticipated, Jackpot Prize claims that may result from a system error or other reason, to fund deficiencies in the Set-Aside Pool, and to fund pari-mutuel prize deficiencies as defined and limited in subsection (d)(3)(A) of this section.(B) The following Prize Pool Accounts for the Mega Millions game are hereby established:(i) The Jackpot Prize Pool (JPP), which is used to fund the current Jackpot Prize;(ii) The Set Prize Pool (SPP), which is used the fund the Set Prizes. The SPP shall hold the temporary balances that may result from having fewer than expected winners in the Set Prize (aka low-tier prize) categories. The source of the SPP is the Party Lottery's weekly prize contributions less actual Set Prize liability; and(iii) The Set-Aside Pool (SAP), which is used to fund the payment of the awarded minimum starting Annuity Jackpot Prizes and the minimum Annuity Jackpot Prize increase, if necessary (subject to the limitations in this section or the MUSL MM Rules), as may be set by the Product Group. The source of the SAP funding shall accumulate from the difference between the amount in the Jackpot Prize Pool at the time of a Jackpot Prize win and the amount needed to fund Jackpot Prize payments as determined by the Mega Millions Lotteries.(C) The maximum balance amounts and balance limit triggers are subject to review by the MUSL Board Finance Committee. The Finance Committee shall have two weeks to state objections, if any, to the approved maximum balance amounts or balance limiter triggers. Approved maximum balance amounts or balance limiter triggers shall become effective no sooner than two weeks after notice is given to the Finance Committee and no objection is stated or sooner if the Committee affirmatively approves the maximum balance amounts or balance limiter triggers. The Product Group may appeal the Committee's objections to the full Board. Group approved changes in the maximum balance amounts or balance limiter triggers set by the Product Group shall be effective only after the next Jackpot Prize win.(D) The contribution rate to the JPP from MM Plays shall be 37.6509% of sales. An amount up to five percent (5%) of a Party Lottery's sales, including any specific statutorily mandated tax of a Party Lottery to be included in the price of a lottery play, shall be added to a Party Lottery's Mega Millions Prize Pool contribution and placed in trust in one or more prize pool and prize reserve accounts held by the Product Group at any time that the Party Lottery's share of the PRA is below the amounts designated by the Product Group. (E) The Product Group may determine to expend all or a portion of the funds in the prize pools (except the JPP) and the prize reserve accounts:(i) for the purpose of indemnifying the Party Lotteries in the payment of prizes to be made by the Selling Lotteries; and(ii) for the payment of prizes or special prizes in the game, limited to prize pool and prize reserve contributions from lotteries participating in the special prize promotion, subject to the approval of the Board's Finance Committee or that Committee's failure to object after given two weeks' notice of the planned action, which actions may be appealed to the full Board by the Product Group.(F) The prize reserve shares of a Party Lottery may be adjusted with refunds to the Party Lottery from the prize reserve account(s) as may be needed to maintain the approved maximum balance and sales percentage shares of the Party Lotteries.(G) A Party Lottery may contribute to its sales percentage share of prize reserve accounts over time, but in the event of a draw down from a reserve account, a Party Lottery is responsible for payment of its full sales percentage share of the prize reserve account.(H) Any amount remaining in the Mega Millions prize pool accounts or prize reserve accounts when the Product Group declares the end of the game shall be returned to the lotteries participating in the prize pool and prize reserve accounts after the end of all claim periods of all Selling Lotteries, carried forward to a replacement game, or otherwise expended in a manner at the election of the individual Members of the Product Group in accordance with jurisdiction statute.(2) Expected Prize Payout. The Jackpot Prize payout shall be determined on a pari-mutuel basis. Except as otherwise provided in this section, all other prizes awarded shall be paid as single payment prizes. All prize payouts are made with the prize payout percentages set out in Figure 16 TAC 401.315(e), which does not include an additional amount held in prize reserves, although the prize payout percentages per draw may vary.(A) The Jackpot Prize amount shall be divided equally by the number of MM Plays winning the Jackpot Prize.(B) The SPP (for payment of single payment prizes of one million dollars ($1,000,000.00) or less) shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the set prizes awarded in the current draw.(3) Pari-mutuel Prize Determinations. Except as otherwise provided for in subparagraph (C) of this paragraph below:(A) If the total of the Mega Millions Set Prizes (as multiplied by the respective Multiplier) awarded in a drawing exceeds the percentage of the prize pool allocated to the Mega Millions Set Prizes, then the amount needed to fund the Mega Millions Set Prizes awarded shall be drawn from the following sources, in the following order:(i) the amount available in the SPP, if any;(ii) an amount from the PRA, if available, not to exceed forty million dollars ($40,000,000.00) per drawing.(B) If, after these sources are depleted, there are not sufficient funds to pay the Set Prizes, then the highest Set Prize shall become a pari-mutuel prize. If the amount of the highest Set Prize when paid on a pari-mutuel basis, drops to or below the next highest Set Prize and there are still not sufficient funds to pay the remaining Set Prizes awarded, then the next highest Set Prize shall become a pari-mutuel prize. This procedure shall continue down through all Set Prize levels, if necessary, until all Set Prize levels become pari-mutuel prize levels. In that instance, the money available from the funding sources listed in this section shall be divided among the winning MM Plays in proportion to their respective prize percentages. Mega Millions prizes will be reduced by the same percentage. (C) By agreement with the Mega Millions Lotteries, the Mega Millions Lotteries shall independently calculate their set pari-mutuel prize amounts. The Party Lotteries and the Mega Millions Lotteries shall than agree to set the pari-mutuel prize amount for all lotteries selling the game at the lesser of the independently-calculated prize amounts.(4) Except as may be required by subsection (g)(1) of this section, the official advertised Jackpot Prize annuity amount is subject to change based on sales forecasts and/or actual sales.(5) Subject to the laws and rules governing each Party Lottery, the number of prize categories and the allocation of the prize fund among the prize categories may be changed at the discretion of the Mega Millions Lotteries, for promotional purposes. Such change shall be announced by Mega Millions Lotteries.(e) Prize Structure. The matrix of 5/70 and 1/24 with an anticipated prize payout is shown below and applies to all Product Group members with respect to the Jackpot Prize, and will apply for all Product Group members for the second through ninth level prizes. The following table sets forth the odds of winning and the probable distribution of winning Plays in and among each prize category for MM Plays, based upon the total number of possible combinations in Mega Millions. All prize payouts are made with the following expected prize payout percentages, which does not include any additional amount contributed to or held in prize reserves, although the prize payout percentages per draw may vary:Attached Graphic(f) Multiplier Frequency and Odds. The Multiplier shall apply to all prize levels except the Jackpot Prize. The Multiplier increases non-Jackpot Prizes by two times, three times, four times, five times, or ten times the prize won. The Multiplier shall print directly on the Ticket for each Play. Multipliers may repeat on a printed Ticket due to the frequency and limited Multiplier levels as shown below. The Multiplier frequency and odds are as follows:Attached Graphic(g) Mega Millions Prize Payment.(1) Mega Millions Jackpot Prize. The prize money allocated from the current Mega Millions prize pool for the Jackpot Prize, will be divided equally among all Jackpot Prize winning MM Plays in all Participating Lotteries. The Annuity Jackpot Prize amount will be paid in thirty (30) graduated annual installments. Jackpot Prizes won shall be funded by the Selling Lotteries in accordance with the formula set by the Mega Millions Lotteries. The Mega Millions Lotteries may set a minimum guaranteed annuitized Jackpot Prize amount that shall be advertised by the Selling Lotteries as the starting guaranteed annuitized Jackpot Prize amount. At the time of Ticket purchase, a player must select a payment option of either a single cash value payment or annuitized payments of a share of the Jackpot Prize if the Play is a winning Play. A player's selection of the payment option at the time of purchase from the commission is final and cannot be revoked, withdrawn, or otherwise changed. If no selection is made, payment option will be as described in the chart below:Attached Graphic(2) Mega Millions Prize Rollover. If in any Mega Millions Drawing there are no MM Plays that qualify for the Jackpot Prize category, the portion of the prize fund allocated to such Jackpot Prize category shall remain in the Jackpot Prize category and be added to the amount allocated for the Jackpot Prize category in the next consecutive Mega Millions Drawing.(3) A player(s) who elects a cash value option payment shall be paid his/her share(s) in a single cash payment upon completion of validation procedures determined by the commission. The cash value option amount shall be determined by the Mega Millions Lotteries.(4) All annuitized prizes shall be paid annually in thirty (30) consecutive graduated annual installments by the commission upon completion of validation procedures determined by the commission, with graduated annual installments as defined by the Mega Millions Lotteries in the Mega Millions Finance and Operations Procedures. The initial payment shall be paid upon completion of the validation procedures. The subsequent twenty-nine (29) payments shall be paid annually to coincide with the month of the federal auction date at which the bonds were purchased to fund the annuity. All such payments shall be made within seven (7) days of the anniversary of the annual auction date. The annuitized option prize shall be determined by multiplying the winning Play's share of the Jackpot Prize Pool by the annuity factor established in accordance with Texas law and the rules of the Texas Comptroller of Public Accounts.(5) If individual shares of the Jackpot Prize Pool funds held to fund an annuity is less than $250,000.00, the Product Group, in its sole discretion, may elect to pay the winners their share of the cash held in the Jackpot Prize Pool.(6) Funds for the initial payment of an annuitized prize or the lump sum cash value option payment shall be made available by MUSL for payment by the Party Lottery on a schedule approved by the Product Group. If necessary, when the due date for the payment of a prize occurs before the receipt of funds in the prize pool trust sufficient to pay the prize, the transfer of funds for the payment of the full cash value option payment amount may be delayed pending receipt of funds from the Party Lotteries or other lotteries participating in the Mega Millions game. A Party Lottery may elect to make the initial payment from its own funds after validation, with notice to MUSL.(7) Payment of Prize Payments upon the Death of a Prize Winner. In the event of the death of a prize winner, payments may be made in accordance with §401.310 of this subchapter (relating to Payment of Prize Payments Upon Death of Prize Winner), otherwise, payment of prize payments will be made to the estate of a deceased prize winner in accordance with Texas Government Code §466.406.(8) Prize Payments. All prizes shall be paid through the Selling Lottery that sold the winning Play(s). All low-tier cash prizes (all prizes except the Jackpot Prize) shall be paid in cash or warrants in accordance with Texas statutes and these rules. A Selling Lottery may begin paying low-tier cash prizes after receiving authorization to pay from the MUSL central office.(9) Prizes Rounded. Annuitized payments of the Jackpot Prize or a share of the Jackpot Prize may be rounded to facilitate the purchase of an appropriate funding mechanism. Breakage on an annuitized Jackpot Prize win shall be added to the first payment to the winner or winners. Prizes other than the Jackpot Prize, which, under this section, may become single-payment, pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next Drawing.(10) Limited to Highest Prize Won. The holder of a winning MM Play may win only one (1) prize per Play in connection with the Winning Numbers drawn, and shall be entitled only to the prize won by those numbers in the highest matching prize category. All liabilities for a Mega Millions prize are discharged upon payment of a prize claim.(11) Claim Period. Prizes must be claimed no later than 180 days after the draw date, or in accordance with Texas Government Code §466.408(e).(h) Ticket Validation.(1) To be a valid Play and eligible to receive a prize, a Play's Ticket shall satisfy all the requirements established by the commission for validation of winning Plays sold through the Lottery Gaming System, as well as any other validation requirements adopted by the Product Group, the MUSL Board and published as the Confidential MUSL Minimum Game Security Standards. The MUSL and the Party Lotteries shall not be responsible for Plays or Tickets that are altered in any manner.(2) Under no circumstances will a claim for any prize be paid without an official Mega Millions Ticket issued as authorized by the commission and matching all game Play, serial number and other validation data residing in the commission's Lottery Gaming System and such Ticket shall be the only valid proof of the wager placed and the only valid receipt for claiming or redeeming such prize.(3) In addition to the above, in order to be deemed a valid, winning Mega Millions Play, all of the following conditions must be met:(A) The validation data must be present in its entirety and must correspond, using the computer validation file, to the number selections printed on the Ticket for the applicable drawing date(s);(B) The Ticket must be intact;(C) The Ticket must not be mutilated, altered, reconstituted, or tampered with in any manner;(D) The Ticket must not be counterfeit or an exact duplicate of another winning Ticket;(E) The Ticket must have been issued by an authorized Sales Agent on official Texas Lottery paper stock or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game;(F) The Ticket must not have been stolen, to the knowledge of the commission;(G) The Ticket must be submitted for payment in accordance with the prize claim procedures of the commission as set out in §401.304 of this subchapter and any internal procedures used by the commission;(H) The Play data on the Ticket must have been recorded on the Lottery Gaming System prior to the Drawing and the Play data must match this computer record in every respect. In the event of a contradiction between information as printed on the Ticket and as accepted by the commission's Lottery Gaming System, the wager accepted by the commission's Lottery Gaming System shall be the valid wager;(I) The player or Quick Pick number selections, validation data and the drawing date(s) of an apparent winning Play must appear in the official file of winning Plays, and a Play with that exact data must not have been previously paid;(J) The Play must not be misregistered, and the Play's Ticket must not be defectively printed or printed or produced in error to an extent that it cannot be processed by the commission;(K) The Ticket must pass confidential validation tests in accordance with the MUSL MM Rules. In addition, the Ticket must pass all other confidential security checks of the commission;(L) In submitting a Ticket for validation, the claimant agrees to abide by applicable laws, all rules and regulations, instructions, conditions and final decisions of the executive director of the commission; (M) There must not be any other breach of the MUSL MM Rules, or this subchapter, in relation to the Play, which, in the sole and final opinion of the executive director of the commission, justifies invalidation; and(N) The Ticket must be submitted to the commission, or the Selling Lottery that issued it.(4) A Play submitted for validation that fails any of the preceding validation conditions shall be considered void, subject to the following determinations:(A) In all cases of doubt, the determination of the commission shall be final and binding; however, the commission may, at its option, replace an invalid Play with a Mega Millions Play of equivalent sales price;(B) In the event a defective Ticket is purchased or in the event the commission determines to adjust an error, the claimant's sole and exclusive remedy shall be the replacement of such defective or erroneous Ticket(s) with a Mega Millions Play of equivalent sales price; and(C) In the event a Mega Millions Play is not paid by the commission and a dispute occurs as to whether the Play is a winning Play, the commission may, at its option, replace the Play as provided in subparagraph (A) of this paragraph. This shall be the sole and exclusive remedy of the claimant.(i) Ticket Responsibility.(1) Prize Claims. Prize claim procedures shall be governed by the rules of the commission. The MUSL and the Selling Lotteries shall not be responsible for prizes that are not claimed following the proper procedures as determined by the commission.(2) Stolen Plays. The Product Group, the MUSL, the Party Lotteries and the commission shall not be responsible for lost or stolen Plays.(3) The Party Lotteries shall not be responsible to a prize claimant for Mega Millions Plays redeemed in error by a Texas Lottery Sales Agent.(4) Winning Plays are determined by the numbers drawn and certified by the independent auditor responsible for auditing the Mega Millions draw. MUSL, the Party Lotteries and the commission are not responsible for Mega Millions winning numbers reported in error.(j) Ineligible Players.(1) A Play, or share of a Play, for a MUSL game issued by the MUSL or any of its Party Lotteries shall not be purchased by, and a prize won by any such Play, or share of a Play, shall not be paid to:(A) a MUSL employee, officer, or director;(B) a contractor or consultant under agreement with the MUSL to review the MUSL audit and security procedures;(C) an employee of an independent accounting firm under contract with MUSL to observe drawings or site operations and actually assigned to the MUSL account and all partners, shareholders, or owners in the local office of the firm; or(D) an immediate family member (parent, stepparent, child, stepchild, spouse, or sibling) of an individual described in subsections (a), (b), and (c) of this section and residing in the same household.(2) Those persons designated by the State Lottery Act, Texas Government Code, Chapter 466, as ineligible to play its games shall also be ineligible to play any MUSL lottery game sold in the state of Texas.(3) A Play, or share of a Play, of the Mega Millions game may not be purchased in any lottery jurisdiction by any Party Lottery board member; commissioner; officer; employee; or spouse, child brother, sister or parent residing as a member of the same household in the principal place of residence of any such person. Prizes shall not be paid to any persons prohibited from playing Mega Millions in a particular jurisdiction by rules, governing law, or any contract executed by the Selling Lottery.(k) Applicable Law.(1) In purchasing a Play, or attempting to claim a prize, purchasers and prize claimants agree to comply with and abide by all applicable laws, rules, regulations, procedures, and decisions of the commission and by directives and determinations of the commission's executive director. Additionally, the player shall be bound to all applicable provisions in the MUSL MM Rules and the Mega Millions Finance and Operations Procedures as established by the Mega Millions Lotteries.(2) A prize claimant agrees, as its sole and exclusive remedy, that claims arising out of a Play can only be pursued against the Party Lottery which issued the Play. Litigation, if any, shall only be maintained within the jurisdiction in which the Play was purchased and only against the Party Lottery that issued the Play. No claim shall be made against any other Party Lottery or against the MUSL.(3) Nothing in this section or the MUSL MM Rules shall be construed as a waiver of any defense or claim the commission, which issued the Play, any other Party Lottery, or MUSL may have in any litigation, including in the event a player or prize claimant pursues litigation against a Party Lottery or MUSL, or their respective officers, directors or employees.(4) All decisions made by the commission, including the declaration of prizes and the payment thereof and the interpretation of MUSL MM Rules, shall be final and binding on all Play purchasers and on every person making a prize claim in respect thereof, but only in the jurisdiction where the Play was issued.(5) Unless the laws, rules, regulations, procedures, and decisions of the commission, which issued the Play, provide otherwise, no prize shall be paid upon a Play purchased, claimed or sold in violation of this section, the MUSL MM Rules, or the laws, rules, regulations, procedures, and decisions of the commission; any such prize claimed but unpaid shall constitute an unclaimed prize under this section and the laws, rules, regulations, procedures, and decisions of the commission.", "sourceNote": "Source Note: The provisions of this §140.315 adopted\r\nto be effective April 5, 2025, 49 TexReg 9225; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226185", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.316", "label": "\"Daily 4\" Draw Game Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226186", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Daily 4¢ . The executive director is authorized to conduct a game known as \"Daily 4.\" The executive director may issue further directives and procedures for the conduct of Daily 4 that are consistent with this rule. In the case of conflict, this rule takes precedence over §401.304 of this title (relating to Draw Game Rules (General)).(b) Definitions. In addition to the definitions provided in §401.301 of this title (relating to General Definitions), and unless the context in this rule otherwise requires, the following definitions apply.(1) Daily 4 Play--A play other than a Daily 4 plus FIREBALL play consists of:(A) the selection of a play type;(B) the selection of a Daily 4 base play amount of $.50, $1, $2, $3, $4 or $5;(C) the selection of a draw date and time;(D) the selection of numbers in accordance with this section; and(E) the purchase of a ticket evidencing those selections.(2) Daily 4 plus FIREBALL Play--A Daily 4 plus FIREBALL play refers to a play purchased as part of the Daily 4 plus FIREBALL add-on feature fully described in subsection (h) of this section. A Daily 4 FIREBALL number is the additional number drawn from 0 to 9 that is used to replace any one of the four Daily 4 winning numbers to make FIREBALL prize winning combinations. The Daily 4 plus FIREBALL option cannot be purchased independently of a Daily 4 play.(3) Playboard--Four fields of numbers found on the playslip, with each field containing 10 numbers from 0 to 9.(c) Play types.(1) Daily 4 may include the following play types: straight, box, straight/box, combo, front-pair, mid-pair, back-pair, and Daily 4 plus FIREBALL.(A) A \"straight\" play is a winning play if the player's four single-digit numbers match in exact order the four single-digit numbers drawn in the applicable drawing.(B) A \"box\" play is a winning play if the player's four single-digit numbers match in any order the four single-digit numbers drawn in the applicable drawing.(i) A box play may be a 4-way box play, a 6-way box play, a 12-way box play, or a 24-way box play.(I) A box play is a 4-way box play when box play is selected as the play type in connection with a set of four single-digit numbers that includes three occurrences of one single-digit number and one occurrence of one other single-digit number. A 4-way box play involves four possible winning combinations.(II) A box play is a 6-way box play when box play is selected as the play type in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and two occurrences of another single-digit number. A 6-way box play involves six possible winning combinations.(III) A box play is a 12-way box play when box play is selected as the play type in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and one occurrence of two other single-digit numbers. A 12-way box play involves 12 possible winning combinations.(IV) A box play is a 24-way box play when box play is selected as the play type in connection with a set of four single-digit numbers that includes a single occurrence of four different single-digit numbers. A 24-way box play involves 24 possible winning combinations.(ii) Box play is not permitted in connection with a set of numbers that includes four occurrences of one single-digit number.(C) A \"straight/box\" play is a winning play either if the player's four single-digit numbers match in exact order the numbers drawn in the applicable drawing or if the player's four single-digit numbers match in any order the numbers drawn in the applicable drawing. The prize amount is greater if the player's four single-digit numbers match in exact order the numbers drawn in the applicable drawing.(i) A straight/box play may be a 4-way straight/box play, a 6-way straight/box play, a 12-way straight/box play, or a 24-way straight/box play.(I) A straight/box play is a 4-way straight/box play when straight/box play is selected in connection with a set of four single-digit numbers that includes three occurrences of one single-digit number and one occurrence of one other single-digit number. A 4-way straight/box play involves four possible winning combinations.(II) A straight/box play is a 6-way straight/box play when straight/box play is selected in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and two occurrences of another single-digit number. A 6-way straight/box play involves six possible winning combinations.(III) A straight/box play is a 12-way straight/box play when straight/box play is selected in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and one occurrence of two other single-digit numbers. A 12-way straight/box play involves 12 possible winning combinations.(IV) A straight/box play is a 24-way straight/box play when straight/box play is selected in connection with a set of four single-digit numbers that includes a single occurrence of four different single-digit numbers. A 24-way straight/box play involves 24 possible winning combinations.(ii) Straight/box play is not permitted in connection with a set of numbers that includes four occurrences of one single-digit number.(D) A \"combo\" play combines into a single play all of the possible straight plays that can be played with the four single-digit numbers selected for the play.(i) A combo play may be a 4-way combo play, a 6-way combo play, a 12-way combo play, or a 24-way combo play.(I) 4-way combo play is a combo play in connection with a set of four single-digit numbers that includes three occurrences of one single-digit number and one occurrence of one other single-digit number. A four-way combo play involves four possible winning combinations. (II) 6-way combo play is a combo play in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and two occurrences of another single-digit number. A six-way combo play involves six possible winning combinations. (III) 12-way combo play is a combo play in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and one occurrence of two other single-digit numbers. A 12-way combo play involves 12 possible winning combinations.(IV) 24-way combo play is a combo play in connection with a set of four single-digit numbers that includes a single occurrence of four different single-digit numbers. A 24-way combo play involves 24 possible winning combinations.(ii) Combo play is not permitted in connection with a set of numbers that includes four occurrences of one single-digit number.(E) Pair play.(i) A \"front-pair\" play is a winning play if the player's two single-digit numbers match in exact order the first two single-digit numbers drawn in the applicable drawing.(ii) A \"mid-pair\" play is a winning play if the player's two single-digit numbers match in exact order the second and third single-digit numbers drawn in the applicable drawing.(iii) A \"back-pair\" play is a winning play if the player's two single-digit numbers match in exact order the last two single-digit numbers drawn in the applicable drawing.(F) A Daily 4 plus FIREBALL play wins a FIREBALL prize for each winning combination of numbers created by replacing any one of the four Daily 4 winning numbers with the Daily 4 FIREBALL number for that drawing, as determined by the selected play type and wager amount.(2) The executive director may allow or disallow any type of play described in this subsection.(d) Plays and tickets.(1) A ticket may be sold only by a retailer and only at the location listed on the retailer's license. A ticket sold by a person other than a retailer is not valid.(2) The selection of numbers for a straight play, a box play, a straight/box play, or a combo play involves the selection of four single-digit numbers, with each selected from the numbers 0 to 9.(3) The selection of numbers for a front-pair play, a mid-pair play, or a back-pair play involves the selection of two single-digit numbers, with each selected from the numbers 0 to 9.(4) The cost of a play varies according to the play type selected for the play and the base play amount selected for the play.(A) The cost of a straight play is the same as the base play amount selected for the play.(B) The cost of a box play is the same as the base play amount selected for the play.(C) The cost of a straight/box play is:(i) $1 if the base play amount selected for the play is $.50;(ii) $2 if the base play amount selected for the play is $1;(iii) $4 if the base play amount selected for the play is $2;(iv) $6 if the base play amount selected for the play is $3;(v) $8 if the base play amount selected for the play is $4; or(vi) $10 if the base play amount selected for the play is $5.(D) The cost of a combo play is determined by multiplying the base play amount selected for the play by the number of winning combinations possible with the four single-digit numbers selected for the play.(E) The cost of a front-pair, mid-pair, or back-pair play is the same as the base play amount selected for the play.(F) The cost of a Daily 4 plus FIREBALL play is equal to the cost of the connected Daily 4 wager for the base game, thereby doubling the purchase. The cost of a Daily 4 plus FIREBALL play is in addition to the cost of the Daily 4 play with which the Daily 4 plus FIREBALL play is connected.(5) The cost of a ticket is determined by the total cost of the plays evidenced by the ticket.(6) A player may purchase one or more plays for any one or more of the next 24 drawings after the purchase and may purchase up to 24 consecutive plays for a drawing time.(7) A retailer shall issue a ticket as evidence of one or more plays. A ticket must show the numbers, play type and base play amount selected for each play; the number of plays, the draw date(s) for which the plays were purchased; the cost of the ticket, and the security and transaction serial numbers. Tickets must be printed on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game.(8) An unsigned winning ticket is payable to the holder or bearer of the ticket if the ticket meets all applicable validation requirements.(e) Cancellation of plays. A retailer may cancel a Daily 4 play, including a Daily 4 plus FIREBALL play, only in accordance with the following provisions:(1) The ticket evidencing the play must have been sold at the retail location at which it is cancelled;(2) The retailer must have possession of the ticket evidencing the play;(3) All Daily 4 plays evidenced by a single ticket must be cancelled;(4) Cancellation must occur no later than 60 minutes after sale of the ticket evidencing the play;(5) Cancellation must occur before the beginning of the next draw break after the sale of the ticket evidencing the play;(6) Cancellation must occur before midnight on the day the ticket evidencing the play was sold; and(7) the play was not generated as part of a promotion.(f) Drawings.(1) Daily 4 drawings shall be held four times a day, Monday through Saturday, at 10:00 a.m., 12:27 p.m., 6:00 p.m., and 10:12 p.m. Central Time. The executive director may change the drawing schedule, if necessary.(2) At each Daily 4 drawing, four single-digit numbers shall be drawn for the base game. Each single-digit number will be drawn from a set that includes a single occurrence of all ten single-digit numbers (0 to 9). After the base game drawing, the Daily 4 FIREBALL number will be randomly drawn from a set of 10 numbered balls (0 to 9).(3) Numbers drawn and the order in which the numbers are drawn must be certified by the commission in accordance with the commission's draw procedures.(4) The numbers selected in a drawing and the order of the numbers selected in the drawing shall be used to determine all winners for that drawing.(5) Each drawing shall be witnessed by an independent certified public accountant. All drawing equipment used shall be examined by a lottery drawing representative and the independent certified public accountant immediately before each drawing and immediately after each drawing.(g) Prizes.(1) Prize payments shall be made upon completion of commission validation procedures.(2) A Daily 4 plus FIREBALL play is a separate play from the straight play, box play, straight/box play, combo play or pairs play with which it is connected.(3) The executive director may temporarily increase any prize set out in this subsection for promotional or marketing purposes.(4) A person who holds a valid ticket for a winning straight play is entitled to a prize as shown.Attached Graphic(5) A person who holds a valid ticket for a winning 4-way box play is entitled to a prize as shown.Attached Graphic(6) A person who holds a valid ticket for a winning 6-way box play is entitled to a prize as shown.Attached Graphic(7) A person who holds a valid ticket for a winning 12-way box play is entitled to a prize as shown.Attached Graphic(8) A person who holds a valid ticket for a winning 24-way box play is entitled to a prize as shown.Attached Graphic(9) A person who holds a valid ticket for a winning straight/4-way box play is entitled to a prize as shown.Attached Graphic(10) A person who holds a valid ticket for a winning straight/6-way box play is entitled to a prize as shown.Attached Graphic(11) A person who holds a valid ticket for a winning straight/12-way box play is entitled to a prize as shown.Attached Graphic(12) A person who holds a valid ticket for a winning straight/24-way box play is entitled to a prize as shown.Attached Graphic(13) A person who holds a valid ticket for a winning combo play is entitled to a prize as shown.Attached Graphic(14) A person who holds a valid ticket for a winning front-pair, mid-pair, or back-pair play is entitled to a prize as shown.Attached Graphic(h) Daily 4 plus FIREBALL.(1) Daily 4 plus FIREBALL is an add-on feature to the Daily 4 base game. Adding the Daily 4 plus FIREBALL option doubles the cost of the wager and creates more possible winning combinations. For instance, if a player purchases a Daily 4 play with a straight order play type for $1.00, the Daily 4 plus FIREBALL play will cost an additional $1.00. If a player purchases a Daily 4 \"6-way combo\" for $6, the Daily 4 plus FIREBALL play option will cost an additional $6. The Daily 4 FIREBALL number will be randomly drawn from a set of 10 numbers from 0 to 9. The Daily 4 FIREBALL number drawn will apply exclusively to the Daily 4 base game drawing and prizes. The Daily 4 plus FIREBALL option cannot be purchased independently of a Daily 4 play.(2) The Daily 4 FIREBALL number is used to replace any one of the four drawn Daily 4 winning numbers to create FIREBALL prize winning combinations.(3) If the player's selected numbers match any of the FIREBALL prize winning combinations, the Daily 4 plus FIREBALL play wins in accordance with the charts in Figures 401.316(g)(4) through 401.316(g)(14).(4) All FIREBALL prizes are in addition to any Daily 4 base game wins. Specifically, if a player purchases the Daily 4 plus FIREBALL option, then if the Daily 4 FIREBALL number is the same as one of the four numbers drawn in the Daily 4 base game drawing, and the player's numbers already match the numbers drawn for the player's play type, the player will be awarded the FIREBALL prize, in addition to the Daily 4 prize as identified in subsection (g) of this section (relating to the Daily 4 prize charts). For instance, assume a player selects 1, 2, 3, and 4 in a straight play order for the base game at $1.00 and purchases a Daily 4 plus FIREBALL play for an additional $1.00 (total $2.00 wager). If the numbers drawn are 1, 2, 3, and 4 and the Daily 4 FIREBALL number is 4, the play will win the base game prize of $5000 and the FIREBALL prize of $1350, for a total of $6350.", "sourceNote": "Source Note: The provisions of this §140.316 adopted\r\nto be effective June 10, 2007, 32 TexReg 2992; amended to be effective\r\nDecember 26, 2007, 32 TexReg 9609; amended to be effective May 28,\r\n2013, 38 TexReg 3342; amended to be effective September 17, 2015,\r\n40 TexReg 6101; amended to be effective December 31, 2017, 42 TexReg\r\n7385; amended to be effective April 28, 2019, 44 TexReg 1309; amended\r\nto be effective August 30, 2020, 45 TexReg 5908; amended to be effective\r\nApril 28, 2022, 47 TexReg 2131; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226186", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.317", "label": "\"Powerball\" Draw Game Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226187", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Powerball®. Powerball is a Multi-State Lottery Association (MUSL) lottery draw game offered by all Lotteries that have agreed to MUSL's Powerball Group Rules. The purpose of the Powerball game is the generation of revenue for MUSL Party Lottery members and Mega Millions Party Lotteries participating under the Cross-Sell Agreement, through the operation of a specially designed multi-jurisdiction lottery game that will award prizes to ticket holders of validated winning tickets matching specified combinations of numbers randomly selected in regularly scheduled Drawings. The Powerball game is authorized to be conducted by the commission executive director (executive director) under the conditions of the MUSL rules, the laws of the State of Texas, this section, and under such further instructions, directives, and procedures as the executive director may issue in furtherance thereof. In this regard, the executive director is authorized to issue such further instructions and directives as may be necessary to conform the conduct and play of the Powerball game to the requirements of the MUSL rules if, in the opinion of the executive director, such instructions, directives, and procedures are in conformance with state law. To be clear, the authority to participate in the Powerball game is provided to the Texas Lottery Commission (commission) by MUSL. The conduct and play of the Powerball game must conform to the MUSL Powerball Group Rules. Further, if a conflict arises between this section and §401.304 of this chapter (relating to Draw Game Rules (General)), this section shall have precedence. In addition to other applicable rules contained in Chapter 401, this section and definitions herein apply unless the context requires a different meaning or is otherwise inconsistent with the intent of the rules adopted by the MUSL or the MUSL Powerball Group.(b) Definitions.(1) \"Agent\" or \"retailer\" means a person or entity authorized by the commission to sell lottery Plays.(2) A \"Drawing\" refers collectively to the formal draw event for randomly selecting the Winning Numbers that determine the number of winning Plays for each prize level of the Powerball game and Power Play promotion.(3) \"Game ticket\" or \"ticket\" means an acceptable evidence of Play, which is a ticket produced in a manner that meets the specifications defined in the rules of the Selling Lottery and subsection (g) of this section, and is a physical representation of the Play or Plays sold to the player.(4) \"MUSL\" means the Multi-State Lottery Association, a government-benefit association wholly owned and operated by the MUSL Party Lotteries.(5) \"MUSL Board\" means the governing body of the MUSL, which is comprised of the chief executive officer of each Party Lottery. \"MUSL Finance and Audit Committee\" shall mean the committee of that name established by the MUSL Board.(6) \"MUSL Annuity Factor\" shall mean the annuity factor as determined by the MUSL central office through a method approved by the MUSL Finance and Audit Committee and which is used as described in this rule.(7) \"Pari-Mutuel\" or \"pari-mutuel\" as used in this section shall mean wagered funds that are pooled and then paid in equal shares to the holders of winning Plays as described in this section and the MUSL Rules.(8) \"Party Lottery\" means a state lottery or lottery of a political subdivision or entity that has joined MUSL and is authorized to sell the Powerball game. \"Licensee Lottery\" shall mean a state lottery or lottery of a governmental unit, political subdivision, or entity thereof that is not a Party Lottery but has agreed to comply with all applicable MUSL and Product Group requirements and has been authorized by the MUSL and by the Powerball Product Group to sell the Powerball game. \"Selling Lottery\" or \"Participating Lottery\" shall mean a lottery authorized by the Product Group to sell Plays, including Party Lotteries and Licensee Lotteries.(9) \"Play\" means the six (6) numbers, the first five (5) from a field of sixty-nine (69) numbers and the last one (1) from a field of twenty-six (26) numbers, that appear on a ticket and are to be played by a player in the Powerball game.(A) \"Powerball Plays\" (PB Plays) shall refer to Plays purchased as part of the Powerball game, but shall not include Power Play Plays.(B) \"Power Play Plays\" shall refer to Plays purchased as part of the Power Play promotion described in subsection (k) of this section.(10) \"Power Play\" shall refer to the Power Play promotion as described in subsection (k) of this section.(11) \"Powerball Group\" or \"Product Group\" means the MUSL member group of lotteries which have joined together to offer the Powerball product pursuant to the terms of the Multi-State Lottery Agreement and the Powerball Group's rules, including the MUSL Powerball Drawing Procedures. In this rule, wherever either term is used it is referring to the MUSL Powerball Group.(12) \"Prize\" means an amount paid to a person or entity holding a winning ticket.(A) \"The Grand Prize\" shall refer to the top prize in the Powerball game.(B) The Advertised Grand Prize shall mean the estimated annuitized Grand Prize amount as determined by the MUSL Central Office by use of the MUSL Annuity Factor and communicated through the Selling Lotteries prior to the Grand Prize Drawing. The Advertised Grand Prize is not a guaranteed prize amount and the actual Grand Prize amount may vary from the advertised amount, except in circumstances where there is a guaranteed Grand Prize amount as described in paragraph (6) of subsection (f) of this section.(C) The \"Set Prize\" or \"low-tier prize\" means all other prizes, except the Grand Prize, and, except in instances outlined in this section, will be equal to the prize amount established by the Product Group for the prize level.(13) \"Terminal\" means a device authorized by the commission for the purpose of issuing Powerball game tickets and as defined in §401.301 (General Definitions) of this chapter.(14) \"Winning Numbers\" means the numbers randomly selected during a Drawing event which shall be used to determine the winning Plays for the Powerball game or the Powerball game promotion being drawn.(c) Game Description.(1) Powerball Game. Powerball is a five (5) out of sixty-nine (69) plus one (1) out of twenty-six (26) numbers lottery game drawn on the days specified by the MUSL Powerball Group and announced by the executive director, as part of the Powerball Drawing, which pays the Grand Prize, at the election of the player made in accordance with this section, or by a default election made in accordance with this section, either on an annuitized pari-mutuel basis or as a single lump sum payment of the total funding held in the Grand Prize Pool for the winning Drawing on a pari-mutuel basis. Except as provided in this section, all other prizes are paid on a single payment basis.(A) Powerball Winning Numbers applicable to determine Powerball prizes will be determined in the Powerball Drawing. During the Powerball Drawing, five (5) numbers shall be drawn from the first set of sixty-nine (69) and one (1) number shall be drawn from the second set of twenty-six (26) numbers, which shall constitute the Powerball Winning Numbers.(B) To play Powerball, a player shall select five (5) different numbers, from one (1) through sixty-nine (69) and one (1) additional number from one (1) through twenty-six (26), or request the retailer to generate a Quick Pick selection of numbers from the lottery terminal. The additional number may be the same as one of the first five numbers selected by the player.(C) Powerball Plays can be purchased for two dollars (U.S. $2.00), including any specific statutorily-mandated tax of a Selling Lottery to be included in the price of a PB Play. PB Plays may be purchased from a Selling Lottery approved sales outlet in a manner as approved by the Selling Lottery and in accordance with MUSL Rules.(2) Claims. A ticket shall be the only proof of a game Play or Plays and is subject to the validation requirements set forth in subsection (g) of this section. The submission of a winning ticket to the issuing Selling Lottery or its authorized agent shall be the sole method of claiming a prize or prizes. A playslip has no pecuniary or prize value and shall not constitute evidence of Play purchase or of numbers selected. A terminal-produced paper receipt has no pecuniary or prize value and shall not constitute evidence of Play purchase or of numbers selected.(3) Cancellations Prohibited. In all instances, a Play recorded on the Lottery gaming system may not be voided or cancelled by returning the ticket to the selling agent or to the commission, including tickets that are misprinted, illegible, printed in error, or for any reason not successfully transferred to an authorized selling entity or player. A Selling Lottery may develop an approved method of compensating retailers for Plays that are not transferred to a player for a reason acceptable to the Selling Lottery and not prohibited by the Powerball Product Group. No Play that is eligible for a prize can be returned to the commission for credit. Plays accepted by retailers as returned Plays and which cannot be re-sold shall be deemed owned by the bearer thereof.(4) Subscription Sales. A subscription sales program may be offered, at the discretion of the executive director.(5) Maximum Purchase. The maximum number of consecutive Drawings on a single PB Play purchase is fifteen (15), including Power Play Plays if purchased.(d) Powerball Prize Pool.(1) Powerball Prize Pool.(A) The prize pool for all Powerball prize categories shall consist of fifty percent (50%) of each Drawing period's Powerball sales, inclusive of any specific statutorily-mandated tax of a Selling Lottery to be included in the price of a PB Play, and including contributions to the prize pool accounts and prize reserve accounts.(B) Powerball Prize Pool Accounts and Prize Reserve Accounts. The Product Group shall set the contribution rates to the prize pool and to one or more prize reserve or pool accounts established by the MUSL Powerball Group Rules.(i) Prize Reserve Accounts. The Product Group has established the following prize reserve accounts for the Powerball game: the Powerball Prize Reserve Account (PRA), which is used to guarantee the payment of valid, but unanticipated, Grand Prize claims that may result from a system error or other reason, or to fund Guaranteed Grand Prizes per subsection (f)(6)(E) of this section; and the Powerball Set Prize Reserve Account (SPRA), which is used to fund deficiencies in low-tier Powerball prize payments, subject to the limitations of the MUSL rules. (ii) Prize Pool Accounts. The Product Group has established the following prize pool accounts for the Powerball game: the Grand Prize Pool, which is used to fund the current Grand Prize; the Powerball Set Prize Pool, which is used to fund the Powerball Set Prizes; the Powerball Set-Aside Pool, which is used to fund the payment of the awarded minimum starting annuity Grand Prizes and minimum annuity Grand Prize increase, if necessary (subject to the limitations in the MUSL Powerball Group Rules), as may be set by the Product Group; and the Grand Prize Carry Forward Pool (GPCFP), which is used to fund the starting minimum annuity Grand Prize, as may be set by the Product Group, if such funds are available, and if sales do not fund the Grand Prize. The Power Play Prize Pool is described in subsection (k)(4) of this section. The Powerball Set Prize Pool shall hold the temporary balances that may result from having fewer than expected winners in the Powerball Set Prize (aka low-tier prize) categories and the source of the Powerball Set Prize Pool is the Party Lottery's weekly prize contributions less actual Powerball Set Prize liability.(iii) The above prize reserve accounts, the GPCFP and the Set-Aside Pool shall have maximum balance amounts or balance limiter triggers that are set by the Product Group and are detailed in the Comments to the MUSL Rule. The maximum balance amounts and balance limiter triggers are subject to review by the MUSL Board Finance and Audit Committee. The Finance and Audit Committee shall have two weeks to state objections, if any, to the approved maximum balance amounts or balance limiter triggers. Approved maximum balance amounts or balance limiter triggers shall become effective no sooner than two weeks after notice is given to the Finance and Audit Committee and no objection is stated or sooner if the Committee affirmatively approves the maximum balance amounts or balance limiter triggers. The Group may appeal the Committee's objections to the full Board. Group approved changes in the maximum balance amounts or balance limiter triggers set by the Product Group shall be effective only after the next Grand Prize win.(iv) The maximum contribution rate to the Grand Prize Pool shall be 68.0131% of the prize pool (34.0066% of sales) except as provided in subsection (f)(6)(E) of this section. An amount up to five percent (5%) of a Party Lottery's sales shall be deducted from a Party Lottery's Grand Prize Pool contribution and placed in trust in one or more prize pool accounts and prize reserve accounts held by the Product Group (hereinafter the \"prize pool and reserve deduction\") at any time that the prize pool accounts and Party Lottery's share of the prize reserve accounts is below the amounts designated by the Product Group. An additional amount up to twenty percent (20%) of a Party Lottery's sales shall be deducted from a Party Lottery's Grand Prize Pool contribution and placed in trust in the GPCFP to be held by the Product Group at a time as determined by the Product Group. (v) The Product Group may determine to expend all or a portion of the funds in the Powerball prize pool accounts (except the Powerball Grand Prize Pool account and the GPCFP) and the prize reserve accounts: (1) for the purpose of indemnifying the Selling Lotteries for the payment of prizes to be made by the Selling Lottery; and, (2) for the payment of prizes or special prizes in the game, limited to prize pool and prize reserve contributions from lotteries participating in the special prize promotion, subject to the approval of the Board's Finance and Audit Committee or that Committee's failure to object after given two weeks' notice of the planned action, which actions may be appealed to the full MUSL Board by the Product Group. The GPCFP may only be expended to fund the starting minimum annuity Grand Prize.(vi) The prize reserve shares of a Party Lottery may be adjusted with refunds to the Party Lottery from the prize reserve account(s) as may be needed to maintain the approved maximum balance and sales percentage shares of the Party Lotteries.(vii) A Party Lottery may contribute to its sales percentage share of prize reserve accounts over time, but in the event of a draw down from a prize reserve account, a Party Lottery is responsible for its full sales percentage share of the prize reserve account, whether or not it has been paid in full.(viii) Any amount remaining in the Powerball prize pool accounts or prize reserve accounts when the Product Group declares the end of this game shall be returned to the lotteries participating in the accounts after the end of all claim periods of all Selling Lotteries, carried forward to a replacement game or otherwise expended in a manner at the election of the individual Members of the Product Group in accordance with jurisdiction statute.(2) Expected Powerball Prize Payout Percentages. The Grand Prize payout shall be determined on a pari-mutuel basis. Except as otherwise provided in this section, all other prizes awarded shall be paid as single payment set cash prizes. All prize payouts are made with the following expected prize payout percentages, although the prize payout percentage per draw may vary:Attached Graphic(A) The prize money allocated to the Powerball Grand Prize category shall be divided on a pari-mutuel basis by the number of PB Plays winning the Powerball Grand Prize.(B) Powerball Set Prize Pool Carried Forward. For Party Lotteries, the Powerball Set Prize Pool (for single payment prizes of $1,000,000 or less) shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the Powerball Set Prizes awarded in the current draw.(C) Pari-Mutuel Powerball Prize Determinations. Except as otherwise provided, if the total of the Powerball Set Prizes (as multiplied by the respective Power Play multiplier, if applicable) awarded in a Drawing exceeds the percentage of the prize pool allocated to the Powerball Set Prizes, then the amount needed to fund the Powerball Set Prizes, including Power Play prizes, awarded shall be drawn first from the amount available in the Powerball Set Prize Pool and the Power Play Prize Pool, if any; second from the SPRA, if available, not to exceed forty million dollars ($40,000,000.00) per Drawing; and, third from other amounts as agreed to by the Product Group in their sole discretion.(D) If, after these sources are depleted, there are not sufficient funds to pay the Set Prizes awarded, including Power Play Prizes, then the highest Set Prize shall become a pari-mutuel prize. If the amount of the highest Set Prize, when paid on a pari-mutuel basis, drops to or below the next highest Set Prize and there are still not sufficient funds to pay the remaining Set Prizes awarded, then the next highest Set Prize, including Power Play prizes, shall become a pari-mutuel prize. This procedure shall continue down through all Set Prize levels, if necessary, until all Set Prize levels become pari-mutuel prize levels. In that instance, the money available from the funding sources listed in this rule shall be divided among the winning PB Plays in proportion to their respective prize percentages. Powerball Set Prizes and Power Play Prizes will be reduced by the same percentage.(E) By agreement, the Licensee Lotteries shall independently calculate their Set Prize pari-mutuel prize amounts. The Party Lotteries and the Licensee Lotteries shall then agree to set the pari-mutuel prize amounts for all lotteries selling the game at the lesser of the independently-calculated prize amounts.(e) Probability of Winning Powerball Plays. The following table sets forth the probability of winning PB Plays and the probable distribution of winning PB Plays in and among each prize category, based upon the total number of possible combinations in the Powerball game. The Set Prize Amount shall be the prizes set for all Selling Lotteries unless prohibited or limited by a jurisdiction's statute or judicial requirements.Attached Graphic(f) Powerball Prize Payment.(1) Powerball Grand Prizes. The Advertised Grand Prize in a Powerball game is not a guaranteed amount; it is an estimated amount, and all advertised prizes, even advertised Set Prizes, are estimated amounts. At the time of ticket purchase, a player must select a payment option of either a single lump sum payment (cash value option or CVO) or annuitized payments (Annuity) of a share of the Grand Prize if the PB Play is a winning Play. If no selection is made, payment option will be as described in the chart below:Attached Graphic(A) A player's selection of the payment option at the time of purchase is final and cannot be revoked, withdrawn, or otherwise changed.(B) The Grand Prize available in the Grand Prize Pool shall be determined on a pari-mutuel basis among all winning PB Plays of the Grand Prize. A player(s) who elects a cash value option payment shall be paid their share(s) in a single lump sum payment. The annuitized option prize shall be determined by multiplying the winning Play's share of the Grand Prize Pool by the annuity factor established in accordance with Texas law and the rules of the Texas Comptroller of Public Accounts. The MUSL Annuity Factor will not be used for Texas Lottery players. Neither MUSL nor any Selling Lottery shall be responsible or liable for changes in the advertised or estimated annuity prize amount and the actual amount purchased after the prize payment method is actually known to MUSL.(C) In certain instances announced by the Powerball Group, the Grand Prize shall be a guaranteed amount and shall be determined pursuant to paragraph (6) of this subsection.(D) If individual shares of the Grand Prize Pool funds held to fund an annuity is less than $250,000.00, the Powerball Group, in its sole discretion, may elect to pay the winners their share of the funds held in the Grand Prize Pool. All annuitized prizes shall be paid annually in thirty (30) payments with the initial payment being made in a single payment, to be followed by twenty-nine (29) payments funded by the annuity.(E) All annuitized prizes shall be paid annually in thirty (30) graduated payments, as provided by the MUSL rules, (increasing each year) at a rate as determined by the MUSL Product Group. Prize payments may be rounded down to the nearest one thousand dollars ($1,000). (F) Funds for the initial payment of an annuitized prize or the lump sum cash value option payment shall be made available by MUSL for payment by the Selling Lottery no earlier than the fifteenth calendar day (or the next banking day if the fifteenth day is a holiday) following the Drawing. If necessary, when the due date for the payment of a prize occurs before the receipt of funds in the prize pool trust sufficient to pay the prize, the transfer of funds for the payment of the full lump sum cash value option payment amount may be delayed pending receipt of funds from the Selling Lotteries. The identification of the securities to fund the annuitized prize shall be at the sole discretion of the State of Texas. If the State of Texas purchases the securities, or holds the prize payment annuity for a Powerball prize won in this state, the prize winner will have no recourse on the MUSL or any other Party Lottery for payment of that prize.(2) Payment of Prize Payments upon the Death of a Prize Winner. In the event of the death of a prize winner, payments may be made in accordance with §401.310 of this chapter (relating to Payment of Prize Payments Upon Death of Prize Winner), otherwise, payment of prize payments will be made to the estate of a deceased prize winner in accordance with Texas Government Code §466.406.(3) Powerball Prize Payments. All prizes shall be paid through the Selling Lottery that sold the winning Play(s). All low-tier cash prizes (all prizes except the Grand Prize) shall be paid in cash or warrants in accordance with Texas statutes and these rules. A Selling Lottery may begin paying low-tier cash prizes after receiving authorization to pay from the MUSL central office.(4) Powerball Prizes Rounded. Annuitized payments of the Grand Prize or a share of the Grand Prize may be rounded to facilitate the purchase of an appropriate funding mechanism. Breakage on an annuitized Grand Prize win shall be added to the first cash payment to the winner or winners. Prizes other than the Grand Prize, which, under this section, may become single-payment, pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next Drawing.(5) Powerball Prize Rollover. If the Grand Prize is not won in a Drawing, the prize money allocated for the Grand Prize shall roll over and be added to the Grand Prize Pool for the following Drawing.(6) Guaranteed Powerball Prizes. The Powerball Group may offer guaranteed minimum Grand Prize amounts or minimum increases in the Grand Prize amount between Drawings or make other changes in the allocation of prize money where the Powerball Group finds that it would be in the best interest of the game. If a minimum Grand Prize amount or a minimum increase in the Grand Prize amount between Drawings is offered by the Powerball Group, then the Grand Prize shares shall be determined as follows:(A) If there are multiple Grand Prize winning PB Plays during a single Drawing, each selecting the annuitized option prize, then a winning PB Play's share of the guaranteed annuitized Grand Prize shall be determined by dividing the guaranteed annuitized Grand Prize by the number of Grand Prize winning PB Plays.(B) If there are multiple Grand Prize winning PB Plays during a single Drawing and at least one of the Grand Prize ticket holders has elected the annuitized option prize, then the MUSL Annuity Factor may be utilized to determine the cash pool. The cost of the annuitized prize(s) will be determined at the time the annuity is purchased through a process as approved by the MUSL Board. If the annuitized option prize is selected by a Texas Lottery player, the amount shall be determined by multiplying the winning PB Play's share of the Grand Prize Pool by the annuity factor established in accordance with Texas law and the rules of the Texas Comptroller of Public Accounts. The MUSL Annuity Factor will not be used for Texas Lottery players.(C) If there are multiple Grand Prize winning PB Plays during a single Drawing, and no claimant of the Grand Prize has elected the annuitized option prize, then the amount of cash in the Grand Prize Pool shall be an amount equal to the guaranteed annuitized amount divided by the MUSL Annuity Factor.(D) Minimum guaranteed prizes or increases may be waived upon approval of the Powerball Group if the alternate funding mechanism set out in subsection (d)(2)(D) of this section becomes necessary.(E) Funding of Guaranteed Grand Prizes. If the amount in the GPP, GPCFP and SAP and contributions from Licensee Lotteries who are not participating in the PRA are insufficient to fund the amount required by awarded Guaranteed Grand Prize(s), then the PRA, and thereafter contributions from individual Member Lotteries and Licensee Lotteries participating in the PRA, may be required to fund Guaranteed Grand Prize award deficiencies. Contributions from the PRA shall first be utilized, and then contributions from individual Member Lotteries and Licensee Lotteries participating in the PRA, if necessary. Contributions required from the PRA or from Member Lotteries and Licensee Lotteries participating in the PRA shall be determined on a pro rata basis based on sales since the most recent Grand Prize win. (7) Limited to Highest Powerball Prize Won. The holder of a winning PB Play may win only one (1) prize per PB Play in connection with the Winning Numbers drawn, and shall be entitled only to the prize won by those numbers in the highest matching prize category. All liabilities for a Powerball game or Powerball game promotional prize are discharged upon payment of a prize claim.(8) Powerball Prize Claim Period. Prizes must be claimed no later than 180 days after the draw date.(g) Play Validation. To be a valid Play and eligible to receive a prize, a Play's ticket shall satisfy all the requirements established by the commission for validation of winning tickets sold through its lottery gaming system and any other validation requirements adopted by the Powerball Group, the MUSL Board, and published as the Confidential MUSL Minimum Game Security Standards. The MUSL and the Selling Lotteries shall not be responsible for tickets which are altered in any manner.(1) Under no circumstances will a claim be paid for any prize without an official ticket matching all game Play, serial number and other validation data residing in the selling Party Lottery's lottery gaming system and such ticket shall be the only valid proof of the wager placed and the only valid evidence for purposes of claiming or redeeming such prize.(2) In addition to the above condition, in order to be deemed a valid winning Play, all of the following conditions must be met:(A) The validation data must be present in its entirety and must correspond, using the computer validation file, to the number selections printed on the ticket for the applicable Drawing date(s).(B) The ticket must be intact.(C) The ticket must not be mutilated, altered, reconstituted, or tampered with in any manner.(D) The ticket must not be counterfeit or an exact duplicate of another winning ticket.(E) The ticket must have been issued by an authorized sales agent, selling agent or retailer on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game.(F) The ticket must not have been stolen, to the knowledge of the commission.(G) The Play data must have been recorded on the commission's lottery gaming system prior to the Drawing and the Play data must match this lottery record in every respect. In the event of a conflict between information as printed on the ticket and as accepted by the commission's lottery gaming system, the wager accepted by the commission's lottery gaming system shall be the valid wager.(H) The player or Quick Pick number selections, validation data and the Drawing date(s) of an apparent winning Play must appear in the official file of winning Plays, and a Play with that exact data must not have been previously paid.(I) The play must not be misregistered, and the Play's ticket must not be defectively printed or printed or produced in error to an extent that it cannot be processed by the commission.(J) In submitting a Play for validation, the claimant agrees to abide by applicable laws, all rules and regulations, instructions, conditions and final decisions of the executive director.(K) There must not be any other breach of the Powerball Game Rules in relation to the Play that, in the opinion of the executive director, justifies invalidation.(L) The Play must be submitted to the Selling Lottery that issued it.(3) A Play submitted for validation that fails any of the validation conditions shall be considered void, subject to the following determinations:(A) In all cases of doubt, the determination of the commission shall be final and binding; however, the commission may, at its option, replace an invalid Play with a Play of equivalent sales price;(B) In the event a defective ticket is purchased or in the event the commission determines to adjust an error, the claimant's sole and exclusive remedy shall be the replacement of such defective or erroneous ticket(s) with a Play of equivalent sales price;(C) In the event a Play is not paid by the commission and a dispute occurs as to whether the Play is a winning Play, the commission may, at its option, replace the Play as provided in subparagraph (A) of this paragraph. This shall be the sole and exclusive remedy of the claimant.(h) Ticket Responsibility.(1) Signature. Until such time as a signature is placed upon a ticket in the area designated for signature, a ticket shall be owned by the bearer of the ticket. When a signature is placed on the ticket in the place designated, the person whose signature appears in such area shall be the owner of the ticket and shall be entitled (subject to the validation requirements in subsection (g) of this section (Ticket Validation) and state or district law) to any prize attributable thereto.(2) Multiple Claimants. The issue of multiple claimants shall be handled in accordance with Texas Government Code Chapter 466 and §401.304 of this chapter.(3) Stolen Tickets. The Powerball Group, the MUSL and the Party Lotteries shall not be responsible for lost or stolen tickets. (4) Prize Claims. Prize claim procedures shall be governed by the rules of the commission as set out in §401.304 of this subchapter and any internal procedures used by the commission. The MUSL and the Party Lotteries shall not be responsible for prizes that are not claimed following the proper procedures as determined by the Selling Lottery.(5) The MUSL and the Participating Lotteries shall not be responsible to a prize claimant for Plays redeemed in error by a selling agent, sales agent or retailer.(6) Winning Plays are determined by the numbers drawn and certified by the independent auditor responsible for auditing the Drawing. MUSL and the Participating Lotteries are not responsible for Winning Numbers reported in error.(i) Ineligible Players.(1) A Play or share for a MUSL game issued by the MUSL or any of its Selling Lotteries shall not be purchased by, and a prize won by any such Play or share shall not be paid to:(A) a MUSL employee, officer, or director;(B) a contractor or consultant under agreement with the MUSL to review the MUSL audit and security procedures;(C) an employee of an independent accounting firm under contract with MUSL to observe Drawings or site operations and actually assigned to the MUSL account and all partners, shareholders, or owners in the local office of the firm; or(D) an immediate family member (parent, stepparent, child, stepchild, spouse, or sibling) of an individual described in subparagraphs (A), (B), and (C) of this paragraph and residing in the same household.(2) Those persons designated by a Selling Lottery's law as ineligible to play its games shall also be ineligible to Play the Powerball game in that Selling Lottery's jurisdiction.(j) Applicable Law.(1) In purchasing a Play, as evidenced by a ticket, or attempting to claim a prize, the purchasers and prize claimants agree to comply with and abide by all applicable laws, rules, regulations, procedures, and decisions of the Selling Lottery where the ticket was purchased, and by directives and determinations of the director of that Party Lottery.(2) A prize claimant agrees, as its sole and exclusive remedy, that claims arising out of a Powerball game or a Powerball game promotion (as described in this section) can only be pursued against the Selling Lottery which issued the Play. Litigation, if any, shall only be maintained within the jurisdiction in which the Play was purchased and only against the Selling Lottery that issued the Play. No claim shall be made against any other Participating Lottery or against the MUSL.(3) Nothing in these Rules shall be construed as a waiver of any defense or claim the Selling Lottery which issued the Play, any other Participating Lottery or MUSL may have in any litigation, including in the event a player or prize claimant pursues litigation against the Selling Lottery, any other Participating Lottery or MUSL, or their respective officers, directors or employees.(4) All decisions made by a Selling Lottery, including the declaration of prizes and the payment thereof and the interpretation of Powerball Rules, shall be final and binding on all Play purchasers and on every person making a prize claim in respect thereof, but only in the jurisdiction where the Play was issued.(5) Unless the laws, rules, regulations, procedures, and decisions of the Lottery which issued the Play provide otherwise, no prize shall be paid upon a Play purchased, claimed or sold in violation of the MUSL Powerball Rules or the laws, rules, regulations, procedures, and decisions of that Selling Lottery; any such prize claimed but unpaid shall constitute an unclaimed prize under these Rules and the laws, rules, regulations, procedures, and decisions of that Selling Lottery.(k) Powerball Special Game Rules: Powerball Power Play® .(1) Power Play Description. The Powerball Power Play is a promotional limited extension of the Powerball game and is conducted in accordance with the Powerball game rules and other lottery rules applicable to the Powerball game except as may be amended herein. Power Play will begin at a time announced by the commission and will continue until discontinued by the commission. Power Play will offer to the owners of a qualifying Play a chance to increase the amount of any of the eight Low-Tier Set Prizes (the Low-Tier prizes normally paying $4 to $1,000,000) won in a Power Play Drawing. The Grand Prize is not a Set Prize and will not be increased. MUSL will conduct a separate random \"Power Play\" Drawing and announce results during each of the regular Powerball Drawings held during the promotion. During each Power Play Drawing a single number (2, 3, 4, 5 and sometimes 10) shall be drawn. The ten (10X) multiplier shall be available for all Drawings in which the initially Advertised Grand Prize amount is one hundred fifty million dollars ($150,000,000.00) or less. The probability of the possible Power Play numbers being drawn is indicated in Figure 16 TAC §401.317(k)(4)(D). The Powerball Group may modify the multiplier features for special promotions from time to time.(2) Qualifying Play. A qualifying Play is any single PB Play for which the player pays an extra dollar ($1.00) for the Power Play option and which is recorded at the commission's lottery gaming system as a qualifying Power Play Play.(3) Prizes to be Increased. Except as provided in the MUSL Powerball game rules and this section, a qualifying Play which wins one of the seven lowest Set Prizes (excluding the Match 5 + 0) will be multiplied by the number drawn, either two (2), three (3), four (4), five (5), or sometimes ten (10), in a separate random Power Play Drawing announced during the official Powerball Drawing show. The ten (10X) multiplier will be available for Drawings in which the initially advertised annuitized Grand Prize amount is one hundred fifty million dollars ($150,000,000.00) or less. The announced Match 5+0 prize, for players selecting the Power Play option, shall be paid two million dollars ($2,000,000.00) unless a higher limited promotional dollar amount is announced by the Powerball Group.Attached Graphic(4) Prize Pool.(A) Power Play Prize Pool. The Power Play Prize Pool is created to be used to fund Power Play Prizes and shall hold the temporary balances that may result from having fewer than expected winners in the Power Play. The source of the Power Play Prize Pool is the Party Lottery's weekly prize contributions less actual Power Play Prize liability. In total, fifty percent (50%) of each draw's sales shall be collected for the payment of prizes.(i) In Drawings where the ten (10X) multiplier is available, the expected payout for all prize categories shall consist of up to forty-nine and nine hundred sixty-nine thousandths percent (49.969%) of each Drawing period's sales, including any specific statutorily mandated tax of a Selling Lottery to be included in the price of a lottery Play. In Drawings where the ten (10X) multiplier is not available, the expected payout for all prize categories shall consist of up to forty-five and nine hundred thirty-four thousandths percent (45.934%) of each Drawing period's sales, including any specific statutorily mandated tax of a Selling Lottery to be included in the price of a lottery Play.(ii) In Drawings where the ten (10X) multiplier is available, an additional thirty-one thousandths percent (0.031%) of each Drawing period's sales, including any specific statutorily mandated tax of a Selling Lottery to be included in the price of a lottery ticket, may be collected and placed in trust in the Power Play Prize Pool, for the purpose of paying Power Play prizes. In drawings where the ten (10X) multiplier is not available, an additional four and sixty-six thousandths percent (4.066%) of each Drawing period's sales, including any specific statutorily mandated tax of a Selling Lottery to be included in the price of a lottery ticket, may be collected and placed in trust in the Power Play Prize Pool, for the purpose of paying Power Play Prizes.(iii) The prize payout percentage per draw may vary. The Power Play Prize Pool shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the Power Play Prizes awarded in the current draw and held in the Power Play Prize Pool.(B) End of Promotion. Any amount remaining in the Power Play Prize Pool when the Powerball Group declares the end of this promotion shall be returned to the lotteries participating in the account after the end of all claim periods of all Selling Lotteries, carried forward to a replacement game or promotion, or otherwise expended in a manner at the election of the individual Participating Lotteries of the Product Group in accordance with jurisdiction statute.(C) Expected Prize Payout. Except as provided in this section, all prizes awarded shall be paid as single payment cash prizes. Instead of the Powerball Set Prize amounts, qualifying winning Plays of Power Play will pay the amounts shown in paragraph (3) of this subsection, above. In certain rare instances, the Powerball Set Prize amount may be less than the amount shown in Figure: 16 TAC §401.317(k)(3). In such case, the eight lowest Power Play Prizes will be changed to an amount announced after the draw. For example, if the Match 4+1 Powerball Set Prize amount of $50,000 becomes $25,000 under the rules of the Powerball game, and a 5X Power Play Multiplier is drawn, then a Power Play winning Play prize amount would win $125,000.(D) Probability of Power Play Numbers Being Drawn. The following table sets forth the probability of the various Power Play numbers being drawn during a single Powerball Power Play Drawing. The Powerball Group may elect to run limited promotions that may modify the multiplier features. Power Play does not apply to the Powerball Grand Prize. Except as provided in subparagraph (C) of this paragraph, a Power Play Match 5 + 0 prize is set at two million dollars ($2,000,000.00), regardless of the multiplier selected.Attached Graphic(5) Limitations on Payment of Power Play Prizes.(A) Prize Pool Carried Forward. The prize pool percentage allocated to the Power Play Set Prizes shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the Set Prizes awarded in the current draw.(B) Pari-Mutuel Prizes--All Prize Amounts. If the total of the original Powerball Set Prizes and the Power Play Prizes awarded in a Drawing exceeds the percentage of the prize pools allocated to the Set Prizes, then the amount needed to fund the Set Prizes (including the Power Play prize amounts) awarded shall first come from the amount available in the Set Prize Pool and the Power Play Prize Pool, if any, second from the Powerball Group's Set Prizes Reserve Account, if available, not to exceed forty million dollars ($40,000,000.00) per Drawing, and third from other amounts as agreed to by the Powerball Group in their sole discretion.(C) If, after these sources are depleted, there are not sufficient funds to pay the Set Prizes awarded (including Power Play prize amounts), then the highest Set Prize (including the Power Play prize amounts) shall become a pari-mutuel prize. If the amount of the highest Set Prize, when paid on a pari-mutuel basis, drops to or below the next highest Set Prize and there are still not sufficient funds to pay the remaining Set Prizes awarded, then the next highest Set Prize, including the Power Play prize amount, shall become a pari-mutuel prize. This procedure shall continue down through all Set Prizes levels, if necessary, until all Set Prize levels become pari-mutuel prize levels. In that instance, the money available from the funding sources listed in this section shall be divided among the winning Plays in proportion to their respective prize percentages. Powerball and Power Play prizes will be reduced by the same percentage. By agreement, the Licensee Lotteries shall independently calculate their set pari-mutuel prize amounts, including the Power Play prize amounts. The Party Lotteries and the Licensee Lotteries shall then agree to set the pari-mutuel prize amounts for all lotteries selling the game at the lesser of the independently-calculated prize amounts.(6) Prize Payment.(A) Prize Payments. All Power Play prizes shall be paid in a single payment through the Selling Lottery that sold the winning Power Play Play(s). A Selling Lottery may begin paying Power Play prizes after receiving authorization to pay from the MUSL central office.(B) Prizes Rounded. Prizes, which, under these rules, may become pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next Drawing.", "sourceNote": "Source Note: The provisions of this §140.317 adopted\r\nto be effective January 26, 2010, 35 TexReg 468; amended to be effective\r\nApril 24, 2011, 36 TexReg 2383; amended to be effective November 9,\r\n2011, 36 TexReg 7553; amended to be effective January 19, 2014, 38\r\nTexReg 9530; amended to be effective September 17, 2015, 40 TexReg\r\n6102; amended to be effective December 31, 2015, 40 TexReg 9633; amended\r\nto be effective December 21, 2016, 41 TexReg 9923; amended to be effective\r\nMarch 1, 2018, 43 TexReg 1050; amended to be effective February 28,\r\n2019, 44 TexReg 825; amended to be effective August 30, 2020, 45 TexReg\r\n5908; amended to be effective March 4, 2021, 46TexReg 1378; amended\r\nto be effective April 28, 2022, 47 TexReg 2131; amended to be effective\r\nSeptember 4, 2022, 47 TexReg 5109; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226187", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.318", "label": "Withholding of Delinquent Child-Support Payments from Lump-sum and Periodic Installment Payments of Lottery Winnings in Excess of Six Hundred Dollars" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226188", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the event of a single cash value lottery prize payment, the executive director shall deduct from the lottery prize payment the amount of delinquent child support owed by the prize winner if the executive director has been provided with a certified copy of a court order, or a writ of withholding issued under Chapter 158, Family Code, or a notice of child support lien created under Subchapter G, Chapter 157, Family Code.(b) A person, who is entitled to receive the delinquent child support payments, may file a certified copy of a court order, writ of withholding, or notice of child support lien for delinquent child support with the Office of the Controller, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. If these are on file for at least ten business days before the payment date, the delinquent amount will be withheld and will be forwarded to the person entitled to receive the delinquent child support payments, if the recipient is not otherwise prohibited from receiving the funds. If for any reason the person who is entitled to the delinquent child support payment cannot be located, the payment will be transferred to the clerk of the court that issued the order for placement in the registry of the court. The Commission will maintain the certified court order, notice of a child support lien, or writ of withholding for a total of twenty-four months from the date of receipt and in accordance with time limits of Government Code, §466.408 for filing a claim for a lottery prize. It is the responsibility of the person to whom delinquent child support is owed to re-submit the certified court order, notice of child support lien, or writ of withholding in accordance with Commission procedures.(c) If a person's winnings exceed the amount deducted under subsection (b) of this section and any other laws of the State of Texas requiring a deduction from the winnings of a lottery winner, the executive director shall pay the balance to the person entitled to the prize winnings.(d) This withholding authorization only applies to delinquent child support payments.(e) If any conflicting claim exists or arises as to funds subject to a child support withholding request, the funds to which a conflict exists may be interpleaded into a court of competent jurisdiction for determination of right to the funds.(f) If prize winnings are interpleaded into a court, that amount of the funds required to be submitted to the United States Internal Revenue Service (IRS) will be withheld by the Commission until a determination is made as to who is entitled to the prize payments. When such determination is made, the withheld funds will be submitted to the IRS, to the account of the person determined to be entitled to the payments.", "sourceNote": "Source Note: The provisions of this §140.318 adopted to\r\nbe effective August 30, 2010, 35 TexReg 7793; amended to be effective\r\nNovember 9, 2011, 36 TexReg 7553; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226188", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.319", "label": "Withholding of Child-Support Payments from Periodic Installment Payments of Lottery Winnings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226189", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director shall deduct from periodic installment winnings paid to a prize winner amounts owed by the prize winner for child support if the executive director has been provided with:(1) a certified copy of a court order;(2) a writ of withholding issued under Chapter 158, Family Code; or(3) notice of a child support lien created under Subchapter G, Chapter 157, Family Code.(b) A person, who is entitled to receive such child support payments, may file a certified copy of a court order, or a writ of withholding, or notice of a child support lien with the Office of the Controller, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. If the recipient is not otherwise prohibited from receiving the funds, and if the order, writ, or notice is received at least ten business days before the date of a scheduled lottery prize installment payment, the appropriate amount will be withheld and will be forwarded to the person who is entitled to receive the child support payments or to the clerk of the court that issued the order for placement in the registry of the court.(c) The court order, writ of withholding, or notice of a child support lien must direct child support to be paid in the periodic payment increments as those in which the periodic lottery installment prize is paid. The executive director will not accept a certified copy of a court order, writ of withholding, or notice of child support lien until the executive director determines there is a periodic installment prize payment to which the winner is entitled.(d) If a person's winnings exceed the amount deducted under subsection (b) of this section and under any other laws of the State of Texas requiring a deduction from the winnings of a lottery winner, the executive director shall pay the balance to the person entitled to the prize payment. The executive director shall transfer the money deducted under subsection (b) of this section to the clerk of the court that issued the order for placement in the registry of the court, and any other deduction will be distributed in accordance with the laws of the State of Texas and/or regulations of appropriate state agencies.(e) The Texas Lottery Commission will keep an index of all child support obligors for which court orders, writs of withholding, or notices of liens for child support have been filed with the Commission during the previous 24 months, and before payments of winnings are made, the agency will determine whether there is any amount that must be withheld. If any winnings are withheld, the Controller will make the appropriate distribution of the withheld amounts.(f) If any conflicting claim exists or arises as to funds subject to a child support withholding request, the funds to which a conflict exists may be interpleaded into a court of competent jurisdiction, and paid into the registry of that court for determination of right to the funds.(g) If prize winnings are interpleaded into a court, that amount of the funds required to be submitted to the United States Internal Revenue Service (IRS) will be withheld by the Commission until a determination is made as to who is entitled to the prize payments. When such determination is made, the withheld funds will be submitted to the IRS, to the account of the person determined to be entitled to the payments.", "sourceNote": "Source Note: The provisions of this §140.319 adopted to\r\nbe effective August 30, 2010, 35 TexReg 7794; amended to be effective\r\nNovember 9, 2011, 36 TexReg 7553; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226189", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.320", "label": "\"All or Nothing\" Draw Game Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226190", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All or Nothing¢ . The executive director is authorized to conduct a game known as \"All or Nothing.\" The executive director may issue further directives for the conduct of All or Nothing that are consistent with this rule. In the case of conflict, this rule takes precedence over §401.304 of this title (relating to Draw Game Rules (General)).(b) Object of the Game. The object of the game is to either select as many or as few numbers that match the 12 numbers drawn in the drawing. If a player matches more than 7 (seven) or fewer than 5 (five) numbers drawn in the drawing, the player wins a prize. (See the prize schedule chart in subsection (g) of this section.) If the player matches all 12 numbers drawn in the drawing, or does not match any numbers drawn in the drawing, the player wins the Top Prize. If more than one ticket has been sold in which a player has matched all or none of the numbers drawn in the drawing, each player possessing such ticket shall win the Top Prize.(c) Definitions. In addition to the definitions provided in §401.301 of this title (relating to General Definitions), and unless the context in this rule otherwise requires, the following definitions apply.(1) Play--The selection of twelve different numbers from 1 to 24 for one opportunity to win in All or Nothing and the purchase of a ticket evidencing that selection.(2) Playboard--A field of 24 numbers from 1 to 24 found on the playslip.(d) Plays and tickets.(1) A ticket may be sold only by a retailer and only at the location listed on the retailer's license. A ticket sold by a person other than a retailer is not valid.(2) The price of an individual play is $2.(3) A player may use a single playslip or other commission-approved method of play to purchase the same play(s) for up to 24 consecutive drawings, to begin with the next drawing after the purchase.(4) A retailer shall issue a ticket as evidence of one or more plays. A ticket must show the numbers selected for each play, the number of plays, the draw date(s) and time(s) for which the plays were purchased, the cost of the ticket and the security and transaction serial numbers. Tickets must be printed on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game.(5) An unsigned winning ticket is payable to the holder or bearer of the ticket if the ticket meets all applicable validation requirements.(e) Drawings.(1) All or Nothing drawings will be held four times a day, (at 10:00 a.m., 12:27 p.m., 6:00 p.m., and 10:12 p.m. Central Time) six days a week (Monday through Saturday). The executive director may change the drawing schedule, if it is deemed necessary.(2) Twelve different numbers from 1 to 24 shall be drawn at each All or Nothing drawing.(3) Numbers drawn must be certified by the commission in accordance with the commission's draw procedures.(4) The numbers selected in a drawing shall be used to determine all winners for that drawing.(5) A drawing will not be invalidated based on the financial liability of the lottery.(f) Announcement of incentive or bonus program. The executive director shall announce each incentive or bonus program prior to its commencement. The announcement shall specify the beginning and ending time, if applicable, of the incentive or bonus program and the value for the award.(g) Prizes.(1) The Top Prize.(A) Each person who holds a valid ticket for a play matching (in any order) the twelve numbers drawn in a drawing, or matching none of the twelve numbers drawn in a drawing is entitled to a top prize in the amount of $250,000; provided that, in any drawing where the number of top prize winning plays is greater than twenty (20), the top prize shall be paid on a pari-mutuel rather than fixed prize basis and a liability cap of $5 million will be divided equally by the number of top prize winning plays. For purposes of prize calculation with respect to the pari-mutuel prize, the calculation shall be rounded down so that prizes shall be paid in multiples of one dollar. Any part of the top pari-mutuel prize for a drawing that is not paid in prizes (breakage) shall be applied to offset prize expense. All other prizes are in amounts for matching or non-matching selections as shown in the following chart. All prizes are paid in cash.Attached Graphic(B) All payments shall be made upon completion of commission validation procedures.(C) A claim for any prize of $600 or more must be presented at a claim center.(2) A person may win only one prize per play per drawing. A player who holds a valid ticket for a winning play is entitled to the highest prize for that play.", "sourceNote": "Source Note: The provisions of this §140.320 adopted\r\nto be effective April 19, 2012, 37 TexReg 2627; amended to be effective\r\nAugust 25, 2013, 38 TexReg 5468; amended to be effective September\r\n17, 2015, 40 TexReg 6101; amended to be effective December 31, 2017,\r\n42 TexReg 7385; amended to be effective August 30, 2020, 45 TexReg\r\n5908; amended to be effective April 28, 2022, 47 TexReg 2131; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226190", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.321", "label": "Scratch Tickets Containing Non-English Words" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226191", "queryAsDate": "03/11/2026" }, "ruleBody": "If a scratch ticket features five or more words in a language other than English, then the ticket must include disclosures in the same non-English language used in addition to any other disclosures provided.", "sourceNote": "Source Note: The provisions of this §140.321 adopted to\r\nbe effective January 1, 2014, 38 TexReg 9531; amended to be effective\r\nAugust 30, 2020, 45 TexReg 5908; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226191", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "D", "label": "LOTTERY GAME RULES" }, "rule": { "number": "§140.324", "label": "Prize Winner Election to Remain Anonymous" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226192", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A natural person who is a prize winner of a lottery prize in an amount equal to $1 million or more, or who is an owner of a beneficial interest in a legal entity that is a prize winner of a lottery prize in an amount equal to $1 million or more, may on the date the winner claims the prize elect to remain anonymous and prohibit all personally identifiable information from being released to the public.(1) A prize winner who elects to remain anonymous must specify that choice at the time of claiming their lottery prize.(2) If the prize is paid in periodic installments, and the prize winner elects to remain anonymous, the commission may release the prize winner's name on or after the 30th day after the date the person claims the lottery prize. All other personally identifiable information is subject to section 466.022(b)(3) of the State Lottery Act and the Texas Public Information Act (Texas Government Code, Chapter 552).(b) \"Prize winner\" means a person who presents a valid winning ticket, claims a lottery prize, and is recognized by the commission as the person entitled to receive lottery prize payments. The term does not include an assignee of a lottery prize.(c) \"Personally identifiable information\" means information that alone or in conjunction with other information identifies an individual, including an individual's name, social security number, date of birth, or government-issued identification number such as a driver's license or passport. \"Personally identifiable information\" does not include the name of the prize winner's city or county of residence.(d) The amount of a lottery prize is determined by the total amount of prize money paid to a prize winner for a single lottery prize claim, before deducting any federal tax withholdings or other deductions required by law. If a prize winner selects to receive the cash value option, the amount the commission paid to fund the cash value option (before taxes and other deductions) will be considered the prize money paid. In accordance with lottery claim procedures, all prizes resulting from a single lottery ticket will be combined on a single lottery claim form and considered a single lottery prize claim for determining the total amount of prize money paid.(e) The commission may release the name of a legal entity that is a prize winner as well as the name of the authorized representative of the legal entity (whose name is printed on the lottery claim form), unless the authorized representative is a beneficial interest owner of the legal entity and elects to remain anonymous.(f) A prize winner's choice to remain anonymous under this rule does not prohibit the commission from requiring, for claim validation and lottery prize processing purposes, certain government-issued identification, including but not limited to a driver's license, social security card, or passport, of all natural persons who are prize winners or owners of a beneficial interest of a legal entity prize winner.(g) In certain instances, the lottery prize claim processing may be delayed and not occur on the same date the lottery claim is submitted to the commission. In these cases, the day of final validation and processing of the lottery prize will be considered the \"date on which the claim is made\".(h) The commission may release personally identifiable information of lottery prize winners to other state agencies or governmental bodies as required by law.", "sourceNote": "Source Note: The provisions of this §140.324 adopted to\r\nbe effective October 26, 2017, 42 TexReg 5856; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226192", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.351", "label": "Proceeds from Ticket Sales" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226193", "queryAsDate": "03/11/2026" }, "ruleBody": "All proceeds from the sale of lottery tickets received by a retailer shall constitute a trust fund until paid to the commission either directly or through the commission's authorized collection representative. A retailer shall have a fiduciary duty to preserve and account for lottery proceeds and retailers shall be personally liable for all proceeds. Proceeds shall include unsold scratch tickets and commission and/or commission vendor property received by a retailer and cash proceeds of sale of any lottery products, net of allowable sales commissions and credit for lottery prizes to winners by retailers. Sales proceeds, unused scratch tickets, and commission and/or commission vendor property shall be delivered to the commission or its authorized collection representative on demand. Retailers shall place all lottery proceeds due the commission in accounts in institutions insured by the United States government not later than the close of the next banking day after the date of their collection by the retailer until the date that they are paid over to the commission.", "sourceNote": "Source Note: The provisions of this §140.351 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective May 20, 2001, 26 TexReg 3489; amended\r\nto be effective August 30, 2020, 45 TexReg 5908; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226193", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.352", "label": "Settlement Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226194", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may require a retailer to establish a single separate electronic funds transfer account, where available, for the purpose of receiving monies from ticket sales, making payments to the commission and receiving payments from the commission. Failure to have sufficient funds available to cover an electronic funds transfer to the commission's account shall be cause for suspension, summary suspension and revocation of a retailer's license at each location where such retailer is licensed. Further, if a check or electronic transfer of funds to the commission is dishonored, the commission may take any and all actions authorized by law, including requiring the retailer to pay a service charge and collection and litigation expenses.(b) Retailers may be required to file with the commission, or its designated representative, reports of the retailer's receipts and transactions in the sale of lottery tickets on a form or in a manner as prescribed by the executive director.", "sourceNote": "Source Note: The provisions of this §140.352 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective March 14, 1996, 21 TexReg 1756; amended\r\nto be effective November 8, 1996, 21 TexReg 10745; amended to be effective\r\nMay 20, 2001, 26 TexReg 3489; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226194", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.353", "label": "Retailer Settlements, Financial Obligations, and Commissions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226195", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each retailer shall provide authorization for an account with EFT (electronic funds transfer) capability to be used for weekly billing of all lottery products.(b) Each retailer shall maintain an account balance sufficient to cover monies due the commission for the established billing period. The commission shall withdraw by EFT the amount due the commission on the day specified by the executive director. In the event a bank holiday falls on or before the day specified for withdrawal during the same business week, the withdrawal shall occur one day later in the week than normally scheduled. \"Business week\" means Sunday through Saturday. In the event the commission changes the beginning and ending days of the business week, the commission shall notify the retailers prior to the change.(c) Each retailer shall receive credit on the retailer's lottery account for redeeming winning tickets.(d) Each retailer shall receive 5.0% compensation on all sales from lottery games. A retailer may not accept compensation for the sale of lottery tickets other than compensation referenced in this section, regardless of the source. At the sole discretion of the executive director, a retailer may receive additional compensation which may include but is not limited to incentive or bonus programs.(e) If a retailer fails to maintain a sufficient account balance to cover monies due the commission for the established billing period, the retailer's license shall be summarily suspended. If a retailer's license is summarily suspended for insufficient funds or non-transfer of funds four times in a 12-month period, the retailer's license shall be revoked.", "sourceNote": "Source Note: The provisions of this §140.353 adopted to\r\nbe effective May 20, 2001, 26 TexReg 3489; amended to be effective\r\nDecember 31, 2017, 42 TexReg 7385; amended to be effective August\r\n30, 2020, 45 TexReg 5908; transferred effective October 1, 2025, as\r\npublished in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226195", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.355", "label": "Restricted Sales" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226196", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Retailers shall not sell lottery tickets via the Internet or by mail, phone, fax, or other similar method of communications. Retailers shall not sell a lottery ticket or any other document evidencing a right, privilege, or share in a lottery ticket from another jurisdiction by any means.(b) Retailers shall not knowingly sell tickets to, work with, or otherwise assist a lottery ticket courier service.(c) Retailers shall not sell tickets to persons under the age of 18. Any ticket purchased by or sold to an individual under the age of 18 years shall be void and the prize otherwise payable on the ticket is treated as an unclaimed prize under Texas Government Code §466.408.(d) Retailers shall not sell a ticket or pay a lottery prize to another person that the retailer knows is:(1) an officer or an employee of the commission;(2) an officer, member, or employee of a lottery operator; (3) an officer, member, or employee of a contractor or subcontractor that is excluded by the terms of its contract from playing lottery games;(4) the spouse, child, brother, sister, or parent of a person described by paragraph (1), (2), or (3) of this subsection who resides within the same household as that person.(e) Retailers shall not sell tickets from a game after the game's closing date.", "sourceNote": "Source Note: The provisions of this §140.355 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective March 14, 1996, 21 TexReg 1756; amended\r\nto be effective May 20, 2001, 26 TexReg 3489; amended to be effective\r\nJuly 1, 2012, 37 TexReg 4596; amended to be effective August 30, 2020,45\r\nTexReg 5908; amended to be effective February 26, 2025, 50 TexReg\r\n984; amended to be effective May 19, 2025, 50 TexReg 2964; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226196", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.357", "label": "Texas Lottery as Retailer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226197", "queryAsDate": "03/11/2026" }, "ruleBody": "Nothing in these retailer sections shall be construed to prohibit the Texas Lottery from designating certain of its agents and employees to sell lottery tickets directly to the public.", "sourceNote": "Source Note: The provisions of this §140.357 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226197", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.360", "label": "Payment of Prizes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226198", "queryAsDate": "03/11/2026" }, "ruleBody": "Retailers may pay any lottery prize of less than $600, after complying with established validation procedures. However, if a retailer validates a ticket of up to $600, that retailer shall pay the prize amount on the ticket. Prizes of $600 or more shall be paid by the Texas Lottery by mail or at a designated lottery claim center.", "sourceNote": "Source Note: The provisions of this §140.360 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective May 20, 2001, 26 TexReg 3489; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226198", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.361", "label": "Required Purchases of Lottery Tickets" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226199", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may require each retailer to order and accept a minimum number of lottery tickets. Failure or refusal of a retailer to order or accept delivery of a required minimum number of lottery tickets may be grounds for summary suspension, suspension and/or revocation of the license.(b) The executive director may prohibit a retailer from using a method of marketing lottery games other than those methods provided by the commission.(c) The executive director may establish minimum sales criteria. A retailer shall maintain sales in excess of the applicable minimum sales criteria. A retailer who does not maintain minimum sales in accordance with such criteria may be placed in a sales review period. Such sales review period shall be for a period of time and may be extended as determined by the executive director.(d) The minimum sales criteria established by the executive director shall be provided to retailers at least 30 days prior to imposition of such criteria.", "sourceNote": "Source Note: The provisions of this §140.361 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective March 14, 1996, 21 TexReg 1756; amended\r\nto be effective May 20, 2001, 26 TexReg 3489; amended to be effective\r\nDecember 31, 2017, 42 TexReg 7385; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226199", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.362", "label": "Retailer's Financial Responsibility for Lottery Tickets Received and Subsequently Damaged or Rendered Unsaleable, for Winning Lottery Tickets Paid and for Lottery-Related Property" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226200", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Responsibility for Lottery Tickets Received.(1) Except as otherwise expressly provided by this subsection or by §401.370 of this title (relating to Retailer's Financial Responsibility for Lottery Tickets Received and Subsequently Stolen or Lost), each retailer shall bear the risk of loss for all lottery tickets received. Receipt of tickets by a retailer shall constitute a purchase of such tickets, and each retailer shall be liable to the commission for the retail sales price of such tickets, less any applicable commission or credit.(2) A retailer may return full and complete packs of unactivated tickets in original condition and receive an accounting indicating that the packs have been removed from the retailer's inventory. Nothing in this subsection waives the requirements of §401.361 of this title (relating to Required Sales of Lottery Tickets).(3) A retailer must report damage to or destruction of tickets to the commission's lottery operations division through the retailer hotline as soon as reasonably practicable under the circumstances, but no later than three (3) weeks from the occurrence or event. A ticket is considered \"damaged\" or \"destroyed\" if rendered unsaleable through circumstances or events not the fault of the retailer. (4) Under the circumstances set out in this paragraph, the director may credit a retailer for activated tickets that are damaged or destroyed.(A) The director may credit a retailer's account for a range of activated tickets in a pack reported as damaged or destroyed providing:(i) no validations have occurred on tickets in the range reported as damaged or destroyed;(ii) the retailer has complied with paragraph (3) of this subsection;(iii) if the tickets were damaged or destroyed by fire, the retailer made a formal report of the fire to appropriate fire department authorities within 24 hours of the discovery of the fire, and has provided to the commission's lottery operations division a copy of a report by a Fire Marshal that identifies the location and the cause of the fire or the commission's lottery operations division has obtained written documentation from lottery operator field staff verifying the reported fire damage; or(iv) if the tickets were damaged or destroyed other than by fire, the retailer has provided to the commission's lottery operations division a copy of an insurance claim or a receipt for repairs that identifies damage at the retail location that is related to the damaged or destroyed tickets.(B) The director may not grant credit under subparagraph (A) of this paragraph in connection with more than two separate incidents in a twelve-month period.(b) Responsibility for Winning Lottery Tickets Paid. After a retailer has paid a prize on a winning ticket, that retailer shall completely deface such ticket and render it physically incapable of being subsequently presented as a winning ticket. A retailer who has failed to deface such a winning ticket and render it physically incapable of being subsequently presented as a winning ticket shall pay to the commission the full amount of each subsequent prize that is paid on such ticket.(c) Responsibility for Lottery-Related Property. Each retailer shall be financially responsible to the commission for all lottery-related property placed at the retailer's location.(d) An \"activated\" pack of tickets is a pack of tickets that has been delivered to a retailer and that is shown as \"active\" in the lottery management system. An \"unactivated\" pack of tickets is a pack of tickets in \"Available,\" \"Issued\" or \"Confirmed\" status in the lottery management system.", "sourceNote": "Source Note: The provisions of this §140.362 adopted to\r\nbe effective February 5, 1997, 22 TexReg 955; amended to be effective\r\nMay 20, 2001, 26 TexReg 3489; amended to be effective September 16,\r\n2004, 29 TexReg 8809; amended to be effective November 19, 2008, 33\r\nTexReg 9219; amended to be effective November 2, 2023, 48 TexReg 6353;\r\ntransferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226200", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.363", "label": "Retailer Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226201", "queryAsDate": "03/11/2026" }, "ruleBody": "Each retailer shall keep accurate and complete records of all tickets from active and settled packs that have not sold. All commission records maintained by a retailer shall be open to inspection by the commission. The commission may make summaries or notes of any such records and may copy any such records either at the retailer's place of business or off such premises so long as such records are returned within 48 hours of the time they are removed from such place of business.", "sourceNote": "Source Note: The provisions of this §140.363 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective March 14, 1996, 21 TexReg 1756; amended\r\nto be effective May 20, 2001, 26 TexReg 3489; amended to be effective\r\nAugust 30, 2020, 45 TexReg 5908; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226201", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.364", "label": "Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226202", "queryAsDate": "03/11/2026" }, "ruleBody": "Retailers shall be required to send at least one person to lottery training to be conducted by the commission and/or the lottery operator. All expenses or costs of attendance by employees of a retailer shall be paid by such retailer, including, but not limited to, costs of salaries, travel, lodging, meals, and materials. If employees of a retailer have previously attended lottery training, the commission may not require attendance of such employees. In this event, the retailer shall certify to the commission that at least one employee at the retailer's location has previously attended lottery training. Additionally, the commission may require a retailer to participate in lottery training as determined by the commission.", "sourceNote": "Source Note: The provisions of this §140.364 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective March 14, 1996, 21 TexReg 1756; amended\r\nto be effective May 20, 2001, 26 TexReg 3489; amended to be effective\r\nDecember 31, 2017, 42 TexReg 7385; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226202", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.366", "label": "Compliance with All Applicable Laws" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226203", "queryAsDate": "03/11/2026" }, "ruleBody": "Each retailer agrees to operate in a manner consistent with the State Lottery Act, applicable federal laws, Texas laws, local ordinances, with all terms and conditions related to the retailer's license, with all requirements set forth in the most recent Retailer Manual, the rules and regulations promulgated by the commission, and with his/her or its license from the Texas Lottery.", "sourceNote": "Source Note: The provisions of this §140.366 adopted to\r\nbe effective June 3, 1992, 17 TexReg 3731; transferred effective December\r\n27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg\r\n78; amended to be effective March 14, 1996, 21 TexReg 1756; amended\r\nto be effective August 30, 2020, 45 TexReg 5908; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226203", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.368", "label": "Lottery Ticket Vending Machines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226204", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No sales agent may distribute or sell lottery game tickets from a lottery ticket vending machine, except those lottery ticket vending machines supplied and placed by the commission. For purposes of this section lottery ticket vending machine is defined as a ticket dispensing machine that dispenses lottery game tickets without the assistance of a sales agent's personnel.(b) Lottery ticket vending machines may be placed by the commission in a sales agent's location based upon criteria established by the executive director. The criteria may include consideration of the location of the sales agent, the type of the sales agent's location, e.g., grocery store, the size of the sales agent's location, and minimum sales criteria that shall be provided to the sales agents prior to implementation of such criteria.(c) A lottery sales agent must maintain the minimum sales criteria established by the executive director in order to obtain and retain a lottery ticket vending machine. A sales agent who does not maintain minimum sales in accordance with such sales criteria may be placed in a sales review period unless good cause exists as determined by the executive director. After the sales agent's sales review period has expired, the sales agent's sale of lottery game tickets shall be reviewed. If the sales agent has not maintained the minimum sales in accordance with the minimum ticket sales criteria during such sales review period, the commission or commission's designated representative may remove the lottery ticket vending machine. (d) The minimum sales criteria established by the executive director shall be provided to the sales agents at least 30 days prior to imposition of such minimum sales criteria.(e) Lottery ticket vending machines may only be placed within the sales agent's location in a site approved by the commission.(f) A lottery sales agent may redeem any lottery prize of less than $600.(g) Every lottery sales agent location equipped with a lottery ticket vending machine(s) will be provided a remote shut off device to allow for the control of sales transactions.(h) A lottery sales agent shall keep the lottery ticket vending machine stocked with printer supplies and tickets.(i) A lottery sales agent shall provide designated sales reports to the commission or the commission's designated representative(s).(j) A lottery sales agent shall undergo required training relating to the use and maintenance of lottery ticket vending machines prior to ticket sales from the lottery ticket vending machine.(k) A lottery sales agent shall allow commission designated service technicians access to the lottery ticket vending machine to allow service and repair of the lottery ticket vending machine.(l) A sales agent is expected to make every reasonable effort to provide player resolution at the retail location if a player's lottery purchase, or attempted purchase, from a lottery vending machine results in a need to refund the player's money. The sales agent is to contact the Lottery Operations Division for service to resolve a mechanical error and the commission to request any refund due to player reimbursement. Resolution due to player errors or requests for ticket cancellations must follow the specific lottery game rule for the game played.", "sourceNote": "Source Note: The provisions of this §140.368 adopted to\r\nbe effective January 4, 1995, 19 TexReg 10097; amended to be effective\r\nSeptember 19, 1996, 21 TexReg 8658; amended to be effective May 20,\r\n2001, 26 TexReg 3489; amended to be effective June 18, 2015, 40 TexReg\r\n3645; amended to be effective August 30, 2020, 45 TexReg 5908; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226204", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.370", "label": "Retailer's Financial Responsibility for Lottery Tickets Received and Subsequently Stolen or Lost" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226205", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. In addition to the definitions provided in §401.301 of this title (relating to General Definitions), and unless the context in this section otherwise requires, the following definitions apply.(1) Available--The status in the lottery management system for a pack of scratch tickets that is stored in the scratch ticket distribution warehouse and is available to be assigned to a retailer's account. Scratch tickets in a pack in this status shall not be sold to the public and prizes contained in scratch tickets in the pack cannot be validated.(2) Issued--The status in the lottery management system for a pack of scratch tickets that has been assigned to a retailer's account and is pending confirmation of delivery to the retailer's location. Scratch tickets in a pack in this status shall not be sold to the public and prizes contained in scratch tickets in the pack cannot be validated.(3) Confirmed--The status in the lottery management system for a pack of scratch tickets that has been physically received at the retailer's location. A retailer is required to \"confirm\" receipt of a pack of scratch tickets upon delivery to the retailer's location. Scratch tickets are confirmed using the lottery terminal located in the retailer's business location and the status is recorded in the lottery management system. Scratch tickets in a pack in this status shall not be sold to the public and prizes contained in scratch tickets in the pack cannot be validated.(4) Active--The status in the lottery management system for a pack of scratch tickets that has been physically received at the retailer's location and that is being offered for sale to the public. A retailer is required to \"activate\" a pack of scratch tickets prior to selling the tickets to the public. A pack of scratch tickets is activated using the lottery terminal located in the retailer's location and the status is recorded on the lottery management system. A pack of scratch tickets shall be placed in this status prior to being sold to the public and prizes contained in scratch tickets in the pack may be validated.(5) Settled--The status in the lottery management system for a pack of scratch tickets that has been physically received at the retailer's location, has been activated and the cost of the tickets in the pack has been or is being charged to the retailer's account. Scratch tickets \"settle\" against a retailer's account and the value of the settled packs are swept from the retailer's bank account through an electronic funds transfer. Settled scratch tickets are recorded in the lottery management system. Scratch tickets in a pack in settled status may be sold to the public and prizes contained in scratch tickets in the pack may be validated.(6) Unactivated Scratch Tickets--Unactivated scratch tickets are tickets in Available, Issued or Confirmed status. Unactivated tickets have never been activated or settled and no prizes have been validated.(b) Responsibility for Lottery Tickets Received and Subsequently Stolen or Lost.(1) Except as otherwise expressly provided by this subsection, each retailer shall bear the risk of loss for all lottery tickets received. Receipt of tickets by a retailer shall constitute a purchase of such tickets, and each retailer shall be liable to the commission for the retail sales price of such tickets, less any applicable commission or credit.(2) Notwithstanding paragraph (1) of this subsection, a retailer may return, and receive an accounting indicating that the packs have been removed from the retailer's inventory for, full and complete packs of unactivated tickets in original condition. Nothing in this subsection waives the requirements of §401.361 of this title (relating to Required Sales of Lottery Tickets).(3) Notwithstanding paragraph (1) of this subsection, the director may charge a retailer full face value of an activated pack of tickets if prizes have been paid from the pack. The director may credit a retailer's account for a range of activated tickets in a pack reported as stolen or lost provided that no validations have occurred on tickets in the range reported as stolen or lost if:(A) the pack has been stolen and the retailer, within 24 hours of the discovery of the theft, has made a formal report of such theft to both:(i) appropriate local law enforcement authorities; and(ii) the commission's enforcement division through the lottery operator hotline;(B) the pack has been lost and cannot be located by the retailer and the retailer, within 24 hours of discovery of the loss, has made a formal report of the loss to the commission's enforcement division through the lottery operator hotline.(4) A retailer shall report each stolen or lost pack of tickets to the commission's enforcement division through the lottery operator hotline within 24 hours of the discovery of the theft or loss.", "sourceNote": "Source Note: The provisions of this §140.370 adopted\r\nto be effective December 1, 2004, 29 TexReg 8810; amended to be effective\r\nDecember 31, 2017, 42 TexReg 7385; amended to be effective November\r\n2, 2023, 48 TexReg 6353; transferred effective October 1, 2025, as\r\npublished in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226205", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.371", "label": "Collection of Delinquent Obligations for Lottery Retailer Related Accounts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226206", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Debtor--Any person or entity liable or potentially liable for an obligation owed to the commission or against whom a claim or demand for payment has been made, for Lottery Retailer related obligations.(2) Delinquent--Payment is past due by law or by customary business practice, and all conditions precedent to payment have occurred or been performed.(3) Make demand--To deliver or cause to be delivered by United States mail, first class, a writing setting forth the nature and amount of the obligation owed to the commission. A writing making demand is a \"demand letter.\"(4) Obligation--Any debt, judgment, claim, account, fee, fine, tax, penalty, interest.(5) Security--Any right to have property owned by an entity with an obligation to the commission, for Lottery Retailer related obligations, sold or forfeited in satisfaction of the obligation; and any instrument granting a cause of action in favor of the State of Texas and/or the commission against another entity and/or that entity's property, typically, certificates of deposits and agency agreements pursuant to assignments of certificates of deposit, but, could include other security such as a bond, letter of credit, or other collateral that has been pledged to the commission to secure an obligation.(b) Before referring any obligation to the attorney general, the commission will:(1) Attempt to determine the liability of each person responsible for the obligation, whether that liability can be established by statutory or common law. Provide the attorney general with the name of the registered agent, and the address of the registered office of any business organization for which a registered agent is required, and, if known, the name and address of the principal officers of the business entity. If the debtor is an individual, the commission will provide the attorney general with the name and last known business address and residence address of the individual.(2) All demand letters will be mailed in an envelope bearing the notation \"Return Service Requested.\" If an address correction is provided by the United States Postal Service, the demand letter will be re-sent to that address prior to the referral to the attorney general. Demand will be made upon every debtor prior to referral of the account to the attorney general. The final demand letter will include a statement, where practical, that the debt, if not paid, will be referred to the attorney general.(3) If state law allows the commission to record a lien securing the obligation, the commission will file the lien in the appropriate records of the county where the debtor's principal place of business, or, where appropriate, the debtor's residence, is located or in such county as may be required by law. The lien will be filed as soon as practicable after determining that the account is delinquent. After referral of the delinquency to the attorney general, any lien securing the indebtedness will not be released, except on full payment of the obligation, without the approval of the assistant attorney general representing the commission in the matter.(4) Where practicable, the commission will maintain individual collection histories of each account in order to document attempted contacts with the debtor, the substance of communications with the debtor, efforts to locate the debtor and his assets, and other information pertinent to collection of the delinquent account.(5) Prior to referral of the obligation to the attorney general, the commission will (except in the case where a jeopardy determination has been made):(A) verify the debtor's address and telephone number;(B) transmit no more than two demand letters to the debtor at the debtor's verified address. The first demand letter will be sent no later than 30 days after the obligation becomes delinquent. The second demand letter will be sent no sooner than 30 days, but not more than 60 days, after the first demand letter;(C) verify that the obligation is not legally uncollectible or uncollectible as a practical matter. The commission will use its best efforts to ensure that referred obligations are not uncollectible, including but not limited to actions in the following circumstances:(i) Bankruptcy. The commission will prepare and timely file a proof of claim, when appropriate, in the bankruptcy case of each debtor, subject to reasonable tolerances adopted by the commission. Copies of all such proofs of claims filed should be sent to the attorney general absent direction by the attorney general to the contrary. The commission will maintain records of notices of bankruptcy filings, dismissals and discharge orders received from the United States bankruptcy courts to enable the commission to ascertain whether the collection of the claim is subject to the automatic stay provisions of the bankruptcy code or whether the debt has been discharged. The commission will seek the assistance of the attorney general in bankruptcy collection matters where necessary, including the filing of a notice of appearance and preparation of a proof of claim.(ii) Limitations. If the obligation is subject to an applicable limitations provision that would prevent suit as a matter of law, the obligation will not be referred unless circumstances indicate that limitations has been tolled or is otherwise inapplicable.(iii) Corporations. If a corporation has been dissolved, has been in liquidation under Chapter 7 of the United States Bankruptcy Code, or has forfeited its corporate privileges or charter, or, in the case of a foreign corporation, had its certificate of authority revoked, the obligation will be referred unless circumstances indicate that the account is clearly uncollectible.(iv) Out-of-state debtors. If the debtor is an individual and is located out-of-state, or outside the United States, the matter will not be referred unless a determination is made that the domestication of a Texas judgment in the foreign forum would more likely than not result in collection of the obligation, or that the expenditure of commission funds to retain foreign counsel to domesticate the judgment and proceed with collection attempts is justified.(v) Deceased debtors. If the debtor is deceased, the commission will file a claim in each probate proceeding administering the decedent's estate. If such probate proceeding has concluded, and there are no remaining assets of the decedent available for distribution, the delinquent obligation will be classified as uncollectible and will not be referred. In cases where a probate administration is pending, or where no administration has been opened, all referred obligations will include an explanation of any circumstances indicating that the decedent has assets available to apply toward satisfaction of the obligation.(6) In the case, where factors come to the attention of the commission, which indicate that the collection of the debt due to the state is jeopardized, or where the property and assets of the commission entrusted to the debtor are in jeopardy, the commission may issue a jeopardy determination stating the amount due and that the collection is in jeopardy, and that the amount due the commission is immediately due and payable.(7) Not later than the 180th day after the date an obligation becomes delinquent, the commission will report the uncollected and delinquent obligation to the attorney general for further collection efforts as hereinafter provided.(8) In the case of a jeopardy determination, the account may be referred to the attorney general at any time after the expiration of 20 days after service by personal service or by mail.(9) The commission will adopt reasonable tolerances, in consultation with the attorney general, below which an obligation shall not be referred. Factors to be considered in establishing tolerances include: the size of the debt; the existence of any security; the likelihood of collection through passive means such as the filing of a lien where applicable; expense to the commission and to the attorney general in attempting to collect the obligation; and the availability of resources both within the commission and within the Office of the Attorney General to devote to the collection of the obligation.(10) The commission will utilize the \"warrant hold\" procedures of the Comptroller of Public Accounts authorized by the Texas Government Code, §403.055, to ensure that no treasury warrants are issued to debtors until the debt is paid. (See Accounting Policy Statement 28, \"Reporting of State Debts and Hold Offset Procedures,\" issued November 22, 2005, updated September 18, 2015, and as it may be amended, available on the Comptroller of Public Accounts' website, at https://fmx.cpa.texas.gov/fm/pubs/aps/).(c) Referral to the attorney general.(1) The commission will refer individual accounts to the attorney general after the procedures set forth in subsection (a)(6) - (8) of this section have been exhausted and an obligation remains. Individual accounts referred to the attorney general will include the following:(A) copies of all correspondence between the commission and the debtor;(B) a log sheet (see subsection (a)(5) of this section) documenting all attempted contacts with the debtor and the result of such attempts;(C) a record of all payments made by the debtor and, where practicable, copies of all checks tendered as payment;(D) any information pertaining to the debtor's residence and his assets; and(E) copies of any permit application, security, final orders, contracts, grants, or instrument giving rise to the obligation.(2) Delinquent accounts upon which an uncollected bond or other security is held shall be referred to the attorney general no later than 180 days after becoming delinquent. All such accounts where the principal has filed for relief under federal bankruptcy laws will be referred to the attorney general immediately.", "sourceNote": "Source Note: The provisions of this §140.371 adopted\r\nto be effective August 30, 2010, 35 TexReg 7794; amended to be effective\r\nAugust 28, 2017, 42 TexReg 4296; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226206", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "E", "label": "RETAILER RULES" }, "rule": { "number": "§140.372", "label": "Display of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226209", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall prominently and conspicuously display, in an area readily available and visible to the public, the original or a copy of the current license, whether permanent or temporary, at each licensed location, whether fixed or mobile. If a copy is displayed, the copy must be at least as large and as legible as the original license.(b) A licensee shall not display a license which is expired or has been revoked, after the licensee has been notified of the revocation of the license.(c) A licensee shall not display a license which has been altered in any substantive way.", "sourceNote": "Source Note: The provisions of this §140.372 adopted to\r\nbe effective April 24, 2011, 36 TexReg 2383; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226209", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "F", "label": "TEXAS LOTTERY ADA REQUIREMENTS" }, "rule": { "number": "§140.401", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226210", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) ADA--The Americans with Disabilities Act of 1990 (42 United States Code §§12101-12213 and 47 United States Code §225 and §611).(2) Applicant--A person who has filed an application for a sales agent's license with the lottery.(3) Disability--With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; having had a record of such an impairment; or being regarded as having such an impairment.(4) Lottery licensed facility--A place of public accommodation operated by an applicant/lottery retailer, including all or any portion of buildings, structures, sites, complexes, equipment, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located, to the extent used in the conduct of lottery activities.(5) Lottery retailer--Any person or entity licensed under the State Lottery Act.(6) Readily achievable--Easily accomplished and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:(A) the nature and cost of the action needed under this part;(B) the overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;(C) the geographic separateness and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;(D) if applicable, the overall financial resources of any parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and(E) if applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.(7) Undue burden--Significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered include:(A) the nature and cost of the action;(B) the overall financial resources of the site or sites involved in the action; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site; and(C) if applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; and the number, type, and location of facilities.", "sourceNote": "Source Note: The provisions of this §140.401 adopted\r\nto be effective April 18, 1994, 19 TexReg 2276; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226210", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "F", "label": "TEXAS LOTTERY ADA REQUIREMENTS" }, "rule": { "number": "§140.402", "label": "General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226211", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prohibition of discrimination. No lottery retailer shall discriminate against any individual on the basis of disability in the full and equal enjoyment of lottery related goods, services, facilities, privileges, advantages, or accommodations of any lottery licensed facility.(b) Integrated accessibility. A lottery licensed facility shall afford lottery related goods, services, facilities, privileges, advantages, and accommodations to any individual with a disability in the most integrated setting appropriate to the needs of the individual. (c) Lottery licensed facility located in private residences. (1) When an applicant/lottery retailer is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this subchapter, but that portion used exclusively in the operation of the lottery licensed facility or that portion used both for the lottery licensed facility and for residential purposes is covered by this subchapter.(2) The portion of the residence covered under paragraph (1) of this subsection extends to those elements used to enter the lottery licensed facility, including the homeowner's front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by customers or clients, including restrooms.(d) The agency shall determine compliance with the Americans with Disabilities Act (ADA), including any amendments thereto, using certification provided by the applicant on the current license application.", "sourceNote": "Source Note: The provisions of this §140.402 adopted to\r\nbe effective April 18, 1994, 19 TexReg 2276; amended to be effective\r\nJanuary 28, 2010, 35 TexReg 477; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226211", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "F", "label": "TEXAS LOTTERY ADA REQUIREMENTS" }, "rule": { "number": "§140.403", "label": "Readily Achievable Barrier Removal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226212", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. An applicant/lottery retailer shall remove architectural and communication barriers in a lottery licensed facility, where such removal is readily achievable.(b) Examples. Examples of readily achievable steps to remove barriers include, but are not limited to, the following actions:(1) installing ramps;(2) making curb cuts in sidewalks and entrances;(3) creating designated accessible parking spaces;(4) widening doors;(5) rearranging tables, chairs, vending machines, display racks, and other furniture;(6) installing offset hinges to widen doorways;(7) installing accessible door hardware; and/or(8) modification of certain exclusionary policies such as:(A) allowing service animals to enter the facility; and/or(B) communicating with a lottery player with a disability to the best of the ability of the lottery retailer or the retailer's employee.", "sourceNote": "Source Note: The provisions of this §140.403 adopted\r\nto be effective April 18, 1994, 19 TexReg 2276; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226212", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "F", "label": "TEXAS LOTTERY ADA REQUIREMENTS" }, "rule": { "number": "§140.404", "label": "Priority of ADA Compliance by Lottery Licensees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226213", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant/lottery retailer will take readily achievable measures to comply with the barrier removal requirements of this subchapter in accordance with the following order of priorities.(1) First, an applicant/lottery retailer will take measures to provide access to a lottery licensed facility from public sidewalks, parking, or public transportation. These measures include, for example, installing an entrance ramp, widening entrances, and providing accessible parking spaces.(2) Second, an applicant/lottery retailer will take measures to provide access to those areas of a lottery licensed facility where lottery goods and services are made available to the public.(3) Third, an applicant/lottery retailer will take any other reasonable measures necessary to provide access to lottery goods and services.", "sourceNote": "Source Note: The provisions of this §140.404 adopted\r\nto be effective April 18, 1994, 19 TexReg 2276; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226213", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "F", "label": "TEXAS LOTTERY ADA REQUIREMENTS" }, "rule": { "number": "§140.405", "label": "Alternatives to Barrier Removal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226214", "queryAsDate": "03/11/2026" }, "ruleBody": "Where an applicant/lottery retailer can demonstrate that barrier removal in its lottery licensed facility is not readily achievable in conjunction with federal guidelines, the applicant/lottery retailer shall make lottery related goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if those methods are readily achievable.", "sourceNote": "Source Note: The provisions of this §140.405 adopted to\r\nbe effective April 18, 1994, 19 TexReg 2276; amended to be effective\r\nJanuary 28, 2010, 35 TexReg 477; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226214", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "F", "label": "TEXAS LOTTERY ADA REQUIREMENTS" }, "rule": { "number": "§140.406", "label": "Future Alterations to a Lottery Licensed Facility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226215", "queryAsDate": "03/11/2026" }, "ruleBody": "Any alteration to a lottery licensed facility shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities.", "sourceNote": "Source Note: The provisions of this §140.406 adopted to\r\nbe effective April 18, 1994, 19 TexReg 2276; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226215", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "F", "label": "TEXAS LOTTERY ADA REQUIREMENTS" }, "rule": { "number": "§140.407", "label": "Complaints Relating to Non-accessibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226216", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The agency will designate a specific employee or group of employees to receive and process all accessibility complaints concerning lottery retailers and/or lottery licensed facilities. Complaints must be in writing and submitted on an ADA complaint form provided by the agency. No later than 35 days after the filing of a complaint, agency personnel, who have completed ADA accessibility training developed and administered by the agency, will investigate each complaint filed with the agency. Training shall be based upon the text of the ADA, including any amendments thereto, related rules and regulations promulgated by the federal government, the State of Texas, and any technical assistance materials issued by the United States Department of Justice.(b) No later than 35 days after the completion of the investigation, a letter of noncompliance will be issued to the lottery retailer, if the agency determines that the lottery retailer's lottery licensed facility is not in compliance with this subchapter. The noncompliance letter will identify deficiencies in the accessibility of the lottery retailer's lottery licensed facility, and will request that the readily achievable modifications be made within 63 days of the mailing date of the letter.(c) If the corrective action taken by the lottery retailer corrects the deficiencies specified in the letter of noncompliance as originally issued, or as later revised or reissued, or if the onsite inspection of the lottery retailer's lottery licensed facility reveals compliance with this subchapter, the agency will identify the retailer's lottery licensed facility as being in compliance with §466.155(f) of the State Lottery Act. Until compliance is achieved, a complaint will be considered pending.(d) Failure to make readily achievable modifications within the required time period will result in the initiation of proceedings to suspend or revoke the lottery license by the agency pursuant to the procedural requirements of state law.(e) The standards and priorities contained in §401.404 of this title (relating to Priority of ADA Compliance by Lottery Licensees) will be utilized by the agency in determining the lottery retailer's compliance with this subchapter. A license will be suspended if the agency determines that the lottery retailer has made significant progress toward correcting deficiencies listed in the compliance report under the order of priorities contained in §401.404 of this title but has not completed readily achievable barrier removal. If the agency determines that the retailer has not made a good faith effort to correct the deficiencies listed in the compliance report, this inaction will result in the revocation of the lottery license for that lottery licensed facility.(f) While proceedings to suspend or revoke a lottery retailer's license are pending pursuant to this subchapter, and until a notice of apparent compliance is issued pursuant to subsection (c) of this section, the agency shall withhold incentive payments from the lottery retailer. In addition, if a license is revoked pursuant to this subchapter, and incentive payments and other privileges have been withheld from the affected retailer pending review of the complaint, the lottery retailer forfeits any claim to such incentive payments or other privileges.", "sourceNote": "Source Note: The provisions of this §140.407 adopted to\r\nbe effective April 18, 1994, 19 TexReg 2276; amended to be effective\r\nJanuary 28, 2010, 35 TexReg 477; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226216", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "F", "label": "TEXAS LOTTERY ADA REQUIREMENTS" }, "rule": { "number": "§140.408", "label": "Requests for Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226217", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the agency proposes the denial of an application for a license or the suspension or revocation of a lottery retailer's license pursuant to this subchapter, the agency shall give the applicant/lottery retailer written notice of the time and place of the administrative hearing not later than the 20th day before the date of the hearing. Issues in controversy in the hearing will include, but are not limited to: the letter of noncompliance prepared by the agency, whether the requested modifications are readily achievable, and whether reasonable substituted modifications will fulfill the requirements of this chapter.(b) The administrative hearing authorized by this section shall be a contested case as provided by the Administrative Procedure and Texas Register Act and the commission's Rules of Practice and Procedure, Texas Administrative Code, Title 16, Part IX, Chapter 401. All relevant rules of evidence and time limits established in those rules shall apply to hearings conducted under this subchapter. The scope of judicial review of a decision in a contested case under this subchapter shall be under the substantial evidence rule.", "sourceNote": "Source Note: The provisions of this §140.408 adopted to\r\nbe effective April 18, 1994, 19 TexReg 2276; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226217", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.501", "label": "Lottery Security" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226114", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Lottery Commission considers security and integrity to be every commission employee's responsibility. The Texas Lottery Commission shall develop and maintain security plans and procedures through its designated divisions as required by the State Lottery Act, Texas Government Code, Chapter 466. The commission's security plans and procedures shall be designed to ensure the integrity and security of the operation of the Lottery and, to the extent that they are not inconsistent with Texas Public Information Act, Texas Government Code, Chapter 552, are exempt from disclosure to the public.", "sourceNote": "Source Note: The provisions of this §140.501 adopted to\r\nbe effective June 17, 1994, 19 TexReg 4418; amended to be effective\r\nFebruary 26, 2025, 50 TexReg 984; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226114", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.502", "label": "Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226115", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Charges for Copies of Public Records. The charges to any person requesting reproductions of any readily available record of the Texas Lottery Commission will be the charges established by rule by the Office of the Attorney General in accordance with the Texas Government Code Chapter 552, Subchapter F.(1) Pursuant to Texas Government Code §552.275, the commission has established a limit of 36 hours per fiscal year as the maximum amount of time commission personnel are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without the commission recovering costs attributable to that personnel time.(2) The commission will provide each requestor a written statement of the amount of personnel time spent complying with each request for public information from the requestor and the cumulative amount of time spent complying with requests for public information from the requestor during the fiscal year. Subject to the provisions of §552.275, when the 36-hour limit is met or exceeded, the commission will require a requestor to pay costs attributable to cost of materials, overhead, and personnel time necessary to comply with the request.(b) The commission may furnish public records without charge or at a reduced charge if it determines that waiver or reduction of the fees is in the public interest.(c) Public Information Requests. The following guidelines apply to requests for records under the Public Information Act, Texas Government Code, Chapter 552.(1) Requests must be in writing and reasonably identify the records requested. All requests must be submitted to the commission's Public Information Coordinator by one of the methods indicated on the commission's website.(2) Records access will be by appointment only.(3) Records access is available only during the regular business hours of the commission.(4) Generally, unless confidential information is involved, review may be by physical access or by duplication, at the requestor's option. Any person, however, whose request would be unduly disruptive to the ongoing business of the office may be denied physical access and will only be provided the option of receiving copies.(5) When the safety of any public record is at issue, physical access may be denied, and the records will be provided by duplication as previously described.(6) Confidential files will not be made available for inspection or for duplication except under certain circumstances, e.g., court order.(7) All public information requests appointments will be referred to the commission's Public Information Coordinator before complying with a request.", "sourceNote": "Source Note: The provisions of this §140.502 adopted\r\nto be effective February 17, 1995, 20 TexReg 642; amended to be effective\r\nDecember 27, 2007, 32 TexReg 9609; amended to be effective October\r\n31, 2019, 44 TexReg 6368; amended to be effective June 30, 2021, 46\r\nTexReg 3872; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226115", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.503", "label": "Items Mailed to the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226116", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise provided by law or rule, any claim, ticket, application, fee, request for credit, letter, or other item mailed or otherwise sent to the Commission shall be considered to have been sent:(1) on the item's United States Postal Service postmark date, United States Postal Service postage meter date, or carrier-indicated date of delivery to the common delivery carrier; or(2) seven (7) calendar days before the Commission received the item, if there is no legible United States Postal Service postmark date, United States Postal Service postage meter date, or carrier-indicated date of delivery to the common delivery carrier.", "sourceNote": "Source Note: The provisions of this §140.503 adopted\r\nto be effective January 1, 2014, 38 TexReg 9551; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226116", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.504", "label": "Petition for Adoption of Rule Changes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226117", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any interested person or agency may petition the commission requesting adoption of a rule. Petitions shall be in writing, should be filed with the general counsel, and shall comply with the following requirements.(1) Each petition must state the name and address of the petitioner.(2) Each petition shall include:(A) a brief explanation of the proposed rule;(B) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any;(C) a statement of the statutory or other authority under which the rule is proposed to be promulgated; and(D) a justification for adoption of the rule.(3) For the purposes of this section, an interested person must be:(A) a resident of this state;(B) a business entity located in this state;(C) a governmental subdivision located in this state; or(D) a public or private organization located in this state that is not a state agency.(b) The general counsel or the general counsel's designee shall review all petitions for compliance with this section. The petitioner shall have the right to file a corrected petition which complies with the requirements of this section.(c) Upon receipt of a petition which complies with the requirements of this section, the general counsel or the general counsel's designee will consult with the persons in the commission who are responsible for the area with which the rule is concerned to evaluate the merits of the proposal. Not later than the 60th day after the date of receipt of a petition, the general counsel or the general counsel's designee shall present the petition to the commission with a recommendation on whether a rulemaking proceeding should be initiated.(d) The commission shall deny the petition or initiate rulemaking proceedings in accordance with the Administrative Procedure Act (APA) and these rules. The commission may modify any proposed rule to ensure that it conforms to the format of commission rules, adequately addresses the perceived problem or other subject matter, and conforms to the filing requirements of the Texas Register.", "sourceNote": "Source Note: The provisions of this §140.504 adopted to\r\nbe effective March 21, 2005, 30 TexReg 1632; amended to be effective\r\nJune 30, 2021, 46 TexReg 3872; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226117", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.505", "label": "Negotiated Rulemaking and Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226118", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. It is the Commission's policy to encourage the use of negotiated rulemaking under Government Code, Chapter 2008, and appropriate alternative dispute resolution procedures under Government Code, Chapter 2009.(b) Negotiated Rulemaking. The Commission, the Executive Director (for lottery rules), or the Charitable Bingo Operations Director (for charitable bingo rules), either on it/his/her own initiative or in response to a request from an interested person(s), may propose to engage in negotiated rulemaking to obtain assistance in drafting a proposed rule, in accordance with the provisions of Government Code, Chapter 2008. By way of example only, negotiated rulemaking may be appropriate when multiple constituencies are involved; the subject matter is complex or controversial; or the Commission lacks complete information.(1) When negotiated rulemaking is proposed, the Executive Director (for lottery rules) or the Charitable Bingo Operations Director (for charitable bingo rules), or their designee, shall be the negotiated rulemaking convener.(A) The convener shall assist in identifying persons who are likely to be affected by a proposed rule, including those who oppose the issuance of a rule. The convener shall discuss with those persons or their representatives the items listed in Government Code §2008.052(c).(B) The convener shall then recommend to the Commission whether negotiated rulemaking is a feasible method to develop the proposed rule and shall report on the relevant considerations, including the items listed in Government Code §2008.052(d).(2) Upon consideration of the convener's recommendation, the Commission may approve Commission staff to engage in negotiated rulemaking in accordance with the provisions of Government Code, Chapter 2008. The Commission may authorize the staff to perform the duties and requirements set forth in Chapter 2008, including providing any required notices, establishing a negotiated rulemaking committee and appointing the members of the committee, and appointing a facilitator. (c) Alternative Dispute Resolution. The Commission encourages the fair and expeditious resolution of internal and external disputes under the Commission's jurisdiction through alternative dispute resolution (ADR) procedures. ADR procedures include any procedure or combination of procedures described by Civil Practice and Remedies Code, Chapter 154. ADR procedures are intended to supplement and not limit other dispute resolution procedures available for use by the Commission.(1) Any ADR procedure used to resolve disputes under the Commission's jurisdiction shall conform with Government Code, Chapter 2009, and, to the extent possible, the model guidelines for the use of ADR issued by the State Office of Administrative Hearings (SOAH).(2) The Commission, the Executive Director, or the Charitable Bingo Operations Director, either on it/his/her own initiative or in response to a request from a person involved in a dispute with the Commission, may direct an unresolved internal or external dispute, including but not limited to a lottery or bingo licensing matter, a bingo audit matter, a personnel matter, or a contested case to ADR, and will determine, in consultation with the Legal Services Division staff, which method of ADR is most appropriate.(3) Breach of Contract Claims. Notwithstanding the foregoing, contract claims asserted by a contractor against the Commission are governed by Government Code, Chapter 2260 and the Commission Rules at §§403.201 - 403.223 of this title (relating to General Administration), and not this section.(d) The Commission may adopt written procedures to further implement negotiated rulemaking and ADR procedures under this section, including procedures to designate a coordinator to implement the Commission's policy under this section and to collect data concerning the effectiveness of negotiated rulemaking and ADR procedures.", "sourceNote": "Source Note: The provisions of this §140.505 adopted to\r\nbe effective January 1, 2014, 38 TexReg 9551; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226118", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.510", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226119", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise.(1) Executive Director--The chief administrator of the Commission.(2) Claim--A demand for damages by a contractor based upon the Commission's alleged breach of the contract.(3) Commission--The Texas Lottery Commission.(4) Contract--A written contract between the Commission and a contractor by the terms of which the contractor agrees either:(A) to provide goods or services, by sale or lease, to or for the Commission; or(B) to perform a project as defined by Government Code, §2166.001. (5) Contractor--An independent contractor who has entered into a contract directly with the Commission. The term does not include:(A) the contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor;(B) an employee of the Commission.(6) Counterclaim--A demand by the Commission based upon the contractor's claim.(7) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day which is not one of these days shall be counted as the required day.(8) Event--An act or omission or a series of acts or omissions giving rise to a claim. The following list contains illustrative examples of events, subject to the specific terms of the contract:(A) Examples of events in the context of a contract for goods or services:(i) the failure of the Commission to timely pay for goods and services;(ii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the Commission for work not performed under the contract or in substantial compliance with the contract terms;(iii) the suspension, cancellation, or termination of the contract;(iv) final rejection of the goods or services tendered by the contractor, in whole or in part;(v) repudiation of the entire contract prior to or at the outset of performance by the contractor;(vi) withholding liquidated damages from final payment to the contractor.(B) Examples of events in the context of a project:(i) the failure to timely pay the unpaid balance of the contract price following final acceptance of the project;(ii) the failure to make timely progress payments required by the contract;(iii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting work not performed under the contract or in substantial compliance with the contract terms;(iv) the failure to grant time extensions to which the contractor is entitled under the terms of the contract;(v) the failure to compensate the contractor for occurrences for which the contract provides a remedy;(vi) suspension, cancellation or termination of the contract;(vii) rejection by the Commission, in whole or in part, of the \"work\", as defined by the contract, tendered by the contractor;(viii) repudiation of the entire contract prior to or at the outset of performance by the contractor;(ix) withholding liquidated damages from final payment to the contractor;(x) refusal, in whole or in part, of a written request made by the contractor in strict accordance with the contract to adjust the contract price, the contract time, or the scope of work.(C) The lists in subparagraphs (A) and (B) of this paragraph should not be considered exhaustive but are merely illustrative in nature.(9) Goods--Supplies, materials or equipment.(10) Mediation--A consensual process in which a neutral third person facilitates communication to promote reconciliation, settlement, or understanding.(11) Negotiation--A consensual bargaining process in which the parties attempt to resolve a claim and/or counterclaim.(12) Parties--The designation of the Commission and a contractor after a claim of breach of contract has been filed under this chapter.(13) Project--A building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of:(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and(B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.(14) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of the Commission.", "sourceNote": "Source Note: The provisions of this §140.510 adopted\r\nto be effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226119", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.511", "label": "Prerequisites to Suit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226120", "queryAsDate": "03/11/2026" }, "ruleBody": "Subject to Texas Government Code §2260.007, the procedures contained in this chapter are exclusive and required prerequisites to suit under the Civil Practice and Remedies Code, Chapter 107, and the Government Code, Chapter 2260.", "sourceNote": "Source Note: The provisions of this §140.511 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; amended to be effective\r\nNovember 9, 2011, 36 TexReg 7554; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226120", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.512", "label": "Sovereign Immunity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226121", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter does not waive the Commission's sovereign immunity to suit or liability.", "sourceNote": "Source Note: The provisions of this §140.512 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226121", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.513", "label": "Notice of Claim of Breach of Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226122", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contractor asserting a claim for breach of contract shall file notice as provided by this section.(b) The notice of claim shall:(1) be in writing and signed by the contractor or the contractor's authorized representative;(2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the Commission's representative designated in the contract to receive a notice of claim of breach of contract. If no person is designated in the contract, the notice shall be delivered to the executive director, and(3) state in detail:(A) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed.(c) In addition to the mandatory contents of the notice of claim, the contractor may submit supporting documentation or other tangible evidence to facilitate the Commission's evaluation of the contractor's claim.(d) The notice of claim shall be delivered no later than 180 days after the date of the event that the contractor asserts as the basis of the claim.", "sourceNote": "Source Note: The provisions of this §140.513 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226122", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.514", "label": "Agency Counterclaim" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226123", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall file notice of a counterclaim as provided by this section.(b) The notice of counterclaim shall:(1) be in writing;(2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and(3) state in detail:(A) the nature of the counterclaim;(B) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(C) the legal theory supporting the counterclaim.(c) In addition to the mandatory contents of the notice of counterclaim, the Commission may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the Commission's counterclaim.(d) The Commission shall deliver the notice of the counterclaim to the contractor no later than 60 days after the Commission's receipt of the contractor's notice of claim.(e) Nothing herein precludes the Commission from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.", "sourceNote": "Source Note: The provisions of this §140.514 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; amended to be effective\r\nNovember 9, 2011, 36 TexReg 7554; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226123", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.515", "label": "Request for Voluntary Disclosure of Additional Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226124", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon the filing of a claim or counterclaim, the parties may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including, without limitation:(1) accounting records;(2) correspondence, including, without limitation, correspondence between the Commission and outside consultants it utilized in preparing its bid solicitation or any part thereof or in administering the contract, and correspondence between the contractor and its subcontractors, material men, and vendors;(3) schedules;(4) the parties' internal memoranda;(5) documents created by the contractor in preparing its offer and documents created by the Commission in analyzing the offers it received in response to the solicitation.(b) This section applies to all information in the parties' possession regardless of the manner in which it is recorded, including, without limitation, paper and electronic media.(c) The parties may seek additional information directly from third parties, including, without limitation, the Commission's third party consultants and the contractor's subcontractors.(d) Nothing in this section requires any party to disclose the requested information or any matter that is privileged under Texas law.(e) Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act.", "sourceNote": "Source Note: The provisions of this §140.515 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226124", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.516", "label": "Duty to Negotiate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226125", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties shall negotiate in accordance with the timetable set forth in §403.208 of this title (relating to Timetable) and §403.214 of this title (relating to Mediation Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle as a result of the negotiation.", "sourceNote": "Source Note: The provisions of this §140.516 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; amended to be effective\r\nNovember 9, 2011, 36 TexReg 7554; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226125", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.517", "label": "Timetable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226126", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Following receipt of a contractor's notice of claim, the Commission's executive director or the executive director's designated representative(s) shall review the contractor's claim(s) and the counterclaim(s), if any, and initiate negotiations with the contractor to attempt to resolve the claim(s) and counterclaim(s). (b) The parties shall begin negotiations not later than the 120th day after the date the Commission receives a contractor's notice of claim.(c) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadline set forth in subsection (b) of this section.(d) Subject to subsection (e) of this section, the parties shall complete the negotiations that are required by this chapter as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the Commission receives the contractor's notice of claim.(e) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the Commission receives the contractor's notice of claim. The agreement shall be signed by representatives of the parties with authority to bind each respective party and shall provide for the extension of the statutory negotiation period until a date certain. The parties may enter into a series of written extension agreements that comply with the requirements of this section.(f) The contractor may request a contested case hearing before the State Office of Administrative Hearings (\"SOAH\") pursuant to §403.213 of this title (relating to Request for Contested Case Hearing) after the 270th day after the Commission receives the contractor's notice of claim, or the expiration of any extension agreed to under subsection (e) of this section.(g) The parties may agree to mediate the dispute at any time before the 120th day after the date the claim is filed with the Commission and before the expiration of any extension agreed to by the parties pursuant to subsection (e) of this section.(h) Nothing in this section is intended to prevent the parties from agreeing to commence negotiations earlier than the deadline established in subsection (b) of this section, or from continuing or resuming negotiations after the contractor requests a contested case hearing before SOAH.", "sourceNote": "Source Note: The provisions of this §140.517 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; amended to be effective\r\nNovember 9, 2011, 36 TexReg 7555; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226126", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.518", "label": "Conduct of Negotiation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226127", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A negotiation under this subchapter may be conducted by any method, technique, or procedure agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference, or by any other method that permits the parties to identify their respective positions, discuss their respective differences, confer with their respective advisers, exchange offers of settlement, and settle.(b) The parties may conduct negotiations with the assistance of one or more neutral third parties. If the parties choose to mediate their dispute, the mediation shall be conducted in accordance with this chapter.(c) To facilitate the meaningful evaluation and negotiation of the claim(s) and any counterclaim(s), the parties may exchange relevant documents that support their respective claims, defenses, counterclaims or positions.(d) Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act.", "sourceNote": "Source Note: The provisions of this §140.518 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226127", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.519", "label": "Settlement Approval Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226148", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §140.519 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226148", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.520", "label": "Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226129", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.(b) To be enforceable, a settlement agreement must be in writing and signed by the parties or their authorized representatives. (c) A partial settlement does not waive a parties' rights under the Government Code, Chapter 2260, as to remaining claims or counterclaims.", "sourceNote": "Source Note: The provisions of this §140.520 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226129", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.521", "label": "Costs of Negotiation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226130", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees.", "sourceNote": "Source Note: The provisions of this §140.521 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226130", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.522", "label": "Request for Contested Case Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226131", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this chapter on or before the 270th day after the Commission receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §403.208(e) of this title (relating to Timetable), the contractor may file a request with the Commission for a contested case hearing before SOAH.(b) A request for a contested case hearing shall state the legal and factual basis for the claim and shall be delivered to the executive director or other person designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to §403.208(e) of this title.(c) The Commission shall forward the contractor's request for contested case hearing to SOAH within a reasonable period of time, not to exceed thirty days, after receipt of the request.(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by the Commission if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.", "sourceNote": "Source Note: The provisions of this §140.522 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; amended to be effective\r\nNovember 9, 2011, 36 TexReg 7555; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226131", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.523", "label": "Mediation Timetable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226132", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The contractor and Commission may agree to mediate the dispute at any time before the 120th day after the date the claim is filed with the Commission and before the expiration of any extension agreed to by the parties in writing.(b) A contractor and the Commission may mediate the dispute even after the case has been referred to SOAH for a contested case. SOAH may also refer a contested case for mediation pursuant to its own rules and guidelines, whether or not the parties have previously attempted mediation.", "sourceNote": "Source Note: The provisions of this §140.523 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; amended to be effective\r\nNovember 9, 2011, 36 TexReg 7556; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226132", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.524", "label": "Conduct of Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226133", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A mediator may not impose his or her own judgment on the issues for that of the parties. The mediator must be acceptable to both parties.(b) The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Government Code, Chapter 2009.(c) To facilitate a meaningful opportunity for settlement, the parties shall, to the extent possible, select representatives who are knowledgeable about the dispute, who are in a position to reach agreement, or who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §140.524 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226133", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.525", "label": "Qualifications and Immunity of the Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226134", "queryAsDate": "03/11/2026" }, "ruleBody": "The mediator shall possess the qualifications required under Civil Practice and Remedies Code, §154.052, be subject to the standards and duties prescribed by Civil Practice and Remedies Code, §154.053 and have the qualified immunity prescribed by Civil Practice and Remedies Code, §154.055, if applicable.", "sourceNote": "Source Note: The provisions of this §140.525 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226134", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.526", "label": "Confidentiality of Mediation and Final Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226135", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A mediation conducted under this section is confidential in accordance with Government Code, §2009.054.(b) The confidentiality of a final settlement agreement that is reached as a result of the mediation is governed by Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §140.526 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226135", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.527", "label": "Costs of Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226136", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the contractor and the Commission agree otherwise, each party is responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. The costs of the mediation process itself shall be divided equally between the parties.", "sourceNote": "Source Note: The provisions of this §140.527 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226136", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.528", "label": "Settlement Approval Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226137", "queryAsDate": "03/11/2026" }, "ruleBody": "The parties' settlement approval procedures shall be disclosed by the parties prior to the mediation. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.", "sourceNote": "Source Note: The provisions of this §140.528 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226137", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.529", "label": "Initial Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226138", "queryAsDate": "03/11/2026" }, "ruleBody": "Any settlement agreement reached during the mediation shall be signed by authorized representatives of the parties and shall describe any procedures required to be followed in connection with the approval of a final settlement agreement.", "sourceNote": "Source Note: The provisions of this §140.529 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226138", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.530", "label": "Final Settlement Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226139", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A final settlement agreement reached during, or as a result of mediation, that resolves an entire claim or any designated and severable portion of a claim shall be in writing and signed by the authorized representatives of the parties.(b) If the settlement agreement does not resolve all issues raised by the claim and counterclaim, the agreement shall identify the unresolved issues.(c) A partial settlement does not waive a contractor's rights under the Government Code, Chapter 2260, as to unresolved claims.", "sourceNote": "Source Note: The provisions of this §140.530 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.531", "label": "Referral to the State Office of Administrative Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226140", "queryAsDate": "03/11/2026" }, "ruleBody": "If mediation does not resolve all issues raised by the claim, the contractor may request that the claim be referred to SOAH.", "sourceNote": "Source Note: The provisions of this §140.531 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226140", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.532", "label": "Use of Assisted Negotiation Processes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226141", "queryAsDate": "03/11/2026" }, "ruleBody": "Any of the following methods, or a combination of these methods, or any assisted negotiation process agreed to by the parties, may be used in seeking resolution of disputes or other controversy arising under Government Code, Chapter 2260. If the parties agree to use an assisted negotiation procedure, they should agree in writing to a detailed description of the process prior to engaging in the process.(1) Mediation.(2) Early evaluation by a third-party neutral.(A) This a confidential conference where the parties and their counsel present the factual and legal bases of their claim and receive a non-binding assessment by an experienced neutral with subject-matter expertise or with significant experience in the substantive area of law involved in the dispute.(B) After summary presentations, the third-party neutral identifies areas of agreement for possible stipulations, assesses the strengths and weaknesses of each party's position, and estimates, if possible, the likelihood of liability and the dollar range of damages that appear reasonable to him or her.(C) This is a less complicated procedure than the mini-trial, described in paragraph (4) of this section. It may be appropriate for only some issues in dispute, for example, where there are clear-cut differences over the appropriate amount of damages.(3) Neutral fact-finding by an expert.(A) In this process, a neutral third-party expert studies a particular issue and reports findings on that issue. The process usually occurs after most discovery in the dispute has been completed and the significance of particular technical or scientific issues is apparent.(B) The parties may agree in writing that the fact-finding will be binding on them in later proceedings (and entered into as a stipulation in the dispute if the matter proceeds to contested case hearing), or that it will be advisory in nature, to be used only in further settlement discussions between representatives of the parties.(4) Mini-trial.(A) A mini-trial is generally a summary proceeding before a representative of upper management from each party, with authority to settle, and a third-party neutral selected by agreement of the parties. A mini-trial is usually divided into three phases: a limited information exchange phase, the actual hearing, and post-hearing settlement discussions. No written or oral statement made in the proceeding may be used as evidence or an admission in any other proceeding. (B) The information exchange stage shall be sufficient for each party to understand and appreciate the key issues involved in the case. At a minimum, the parties shall exchange key exhibits, introductory statements, and a summary of witness's testimony.(C) At the hearing, representatives of the parties shall present a summary of the anticipated evidence and any legal issues that must be decided before the case can be resolved. The third-party neutral presides over the presentation and may question witnesses and counsel, as well as comment on the arguments and evidence. Each party may put on abbreviated direct and cross-examination testimony. (D) Settlement discussions, facilitated by the third-party neutral, shall take place after the hearing. The parties may ask the neutral to formally evaluate the evidence and arguments and give an advisory opinion as to the issues in the case. If the parties cannot reach an agreed resolution to the dispute, either side may declare the mini-trial terminated and proceed to resolve the dispute by other means.", "sourceNote": "Source Note: The provisions of this §140.532 adopted\r\nto be effective October 2, 2000, 25 TexReg 9953; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226141", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.540", "label": "Historically Underutilized Businesses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226142", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Lottery Commission adopts by reference the rules administered by the Office of the Comptroller of Public Accounts regarding historically underutilized businesses, which are set forth in the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, §§20.281 - 20.298.", "sourceNote": "Source Note: The provisions of this §140.540 adopted to\r\nbe effective October 2, 2000, 25 TexReg 9954; amended to be effective\r\nDecember 26, 2007, 32 TexReg 9610; amended to be effective November\r\n9, 2011, 36 TexReg 7556; amended to be effective October 24, 2018,\r\n43 TexReg 6961; amended to be effective June 30, 2021, 46 TexReg 3872;\r\ntransferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226142", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.550", "label": "Use of Commission Motor Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226143", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motor vehicle owned by the Commission is state property and may be used for official Commission business only. A Commission motor vehicle may not be assigned to a specific employee or agency head, but must be assigned to the Commission's motor pool and be available for checkout. All Commission motor vehicles will be housed at the Commission's Austin headquarters or at the Commission's business resumption warehouse.(b) The agency may assign a vehicle to an individual, administrative, or executive employee on a regular or everyday basis, only if, the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency.", "sourceNote": "Source Note: The provisions of this §140.550 adopted to\r\nbe effective October 10, 2001, 26 TexReg 7834; amended to be effective\r\nMay 4, 2004, 29 TexReg 4150; amended to be effective January 5, 2012,\r\n36 TexReg 9324; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226143", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.560", "label": "Custody and Use of Criminal History Record Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226144", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The term \"criminal history record information\" shall have the meaning provided by Texas Government Code §411.082.(b) The Texas Lottery Commission is authorized to obtain and maintain criminal history record information by Texas Government Code §§411.083, 411.108, 466.201, and as otherwise necessarily implied by the statutory requirements of the Texas State Lottery Act and the Bingo Enabling Act.(c) Access to criminal history record information maintained by the Texas Lottery Commission will be limited to the following persons: (1) Commissioners of the Texas Lottery Commission;(2) the Executive Director or Deputy Executive Director of the Texas Lottery Commission;(3) any Attorney employed by the Texas Lottery Commission or any Assistant Attorney General representing the interest of the Texas Lottery Commission;(4) employees of the Enforcement Division of the Texas Lottery Commission;(5) division directors and employees of divisions authorized to make approvals or disapprovals of licenses or other registration based on criminal history information; and(6) any person appointed to act on behalf of or in the stead of any of the individuals listed in paragraphs (1) - (5) of this subsection. Criminal history record information may be used by the above authorized persons in carrying out the official duties of the Commission.(d) All criminal history record information received by the Texas Lottery Commission is confidential information, or will be treated as confidential information, unless otherwise required to be disclosed by other law. Criminal history record information obtained by the Commission under the above referenced statutes will not be released or disclosed to any person except on court order, provided that the Texas Lottery Commission may disclose to the person who is the subject of the criminal history record information the dates and places of arrests, offenses, and dispositions contained in the criminal history record information.(e) All criminal history information will be kept in the enforcement division under secure control except as required for review by the persons listed in subsection (c) of this section in carrying out their official duties. Copies of criminal history records will not be made by staff unless approved by their division director. Any copy made should be destroyed when its use has been fulfilled.", "sourceNote": "Source Note: The provisions of this §140.560 adopted to\r\nbe effective April 16, 2009, 34 TexReg 2377; amended to be effective\r\nNovember 9, 2011, 36 TexReg 7556; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226144", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.570", "label": "Complaint Review Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226145", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements §467.111 of the Texas Government Code, which requires the commission to maintain a system to promptly and efficiently act on each complaint filed with the commission and by rule adopt and publish procedures governing the entire complaint process from submission to disposition. The Lottery Operations Division shall manage the process for all complaints relating to any commission activities, regardless of the affected commission division or subject matter. The Lottery Operations Division may adopt written procedures to further implement the requirements of §467.111 and this section.(b) Complaint Intake. Complaints must be submitted by mail, email, voice mail on a dedicated voice mail box, in person, or fax.(1) All complaints shall be monitored through the complaint tracking system and all jurisdictional complaints will be tracked, from initial intake or discovery of the complaint to final disposition. A jurisdictional complaint is a complaint which alleges a violation of the State Lottery Act (Government Code, Chapter 466), the Bingo Enabling Act (Occupations Code, Chapter 2001), commission rules, or any other applicable provisions of the Texas Government Code or the Texas Administrative Code under which the commission has the authority to interpret and apply the law.(2) The commission shall make available information on how to file a complaint on the commission's internet website, intranet, at commission claim centers, Bingo regional offices, licensed lottery retail locations, bingo playing locations, and the commission headquarters.(3) Commission staff shall maintain and monitor a toll-free telephone number during normal working hours to assist complainants. Commission staff may also maintain and monitor a dedicated voice mail box to assist with complaint intake.(c) Complaint Processing. The commission requires specific information to process and investigate a complaint. Commission staff will review all complaints to ensure they are jurisdictional and include the complainant's name, mailing address, and contact phone number. If a complaint is received without all necessary information, the staff will make reasonable efforts to contact the complainant and obtain the necessary information. Non-jurisdictional complaints will be entered in the complaint tracking system as contacts along with an explanation why the complaint is non-jurisdictional, but will not be referred for investigation or follow-up. Staff will notify the complainant verbally or in writing that the complaint is non-jurisdictional. (d) If the complaint is jurisdictional and contains the required information, the complaint will be entered in the complaint tracking system and referred to the appropriate commission division or department for investigation or follow-up. Commission staff will provide an acknowledgement notification verbally or in writing to the complainant after the complaint is processed. Commission staff will provide periodic ongoing complaint status updates verbally or in writing. A closing notification will be provided to the complainant verbally or in writing when the complaint is closed.(e) Complaint Analysis and Reports. The commission staff will maintain a comprehensive database of complaints in order to identify trends or issues related to violations of state laws under the commission's jurisdiction.(1) At least once each biennium, designated commission staff will generate a trend analysis report. The report will:(A) categorize complaints based on the type of violation alleged;(B) track each complaint from submission to disposition;(C) evaluate the effectiveness of the commission's enforcement process; and(D) include any additional information the commission considers necessary.(2) The trend analysis report shall be made available to the public.(f) Americans with Disabilities Act Complaints. Notwithstanding the foregoing, all complaints to the commission regarding Americans with Disabilities Act violations are governed by the provisions of §401.407 of this title (relating to Complaints Relating to Non-accessibility), and not this section.", "sourceNote": "Source Note: The provisions of this §140.570 adopted to\r\nbe effective January 1, 2014, 38 TexReg 9552; amended to be effective\r\nJune 30, 2021, 46 TexReg 3872; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226145", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.580", "label": "Employee Tuition Reimbursement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226146", "queryAsDate": "03/11/2026" }, "ruleBody": "Tuition reimbursement provides financial assistance to employees who wish to improve or supplement their knowledge and skills by attending classes at accredited colleges, junior colleges, or universities while pursuing a degree plan.(1) Employee Eligibility. An employee must be a regular, full-time employee and have been employed at the Commission for at least six (6) months to be eligible for tuition reimbursement. Any courses completed before the six-month anniversary of an individual's employment date will not be considered eligible. An employee who has received a formal disciplinary action is not eligible for tuition reimbursement for six months following the date of the action.(2) Relevancy of Degrees/Courses. Tuition reimbursement is available for required courses taken as part of a degree plan at an accredited institution of higher learning. Degree plans may include either undergraduate or graduate programs. Degree plans should be directly or substantially related to an employee's current or prospective responsibilities, as referenced in career ladder requirements or educational requirements stipulated in applicable job descriptions for the employee's division. Degree plans beyond the scope of an employee's current division assignment must be relevant to the overall needs of the Commission and applicable to a specific function within a Commission division.(3) Procedure for Applying. An employee who anticipates applying for tuition reimbursement during a fiscal year must complete and forward to their immediate supervisor an Application for Tuition Reimbursement form by June 30th of the preceding fiscal year. This form is required so that appropriate budget planning and requests may be made. If tuition reimbursement applications received exceed the budgeted amount, refunds will be paid on a first-come, first-served basis.(A) The Application For Tuition Reimbursement form must be approved by the employee's immediate supervisor, division director and the Human Resources Director. A copy of the employee's degree plan should be attached to the form.(B) Once approved, the Human Resources Division will forward the application to the Executive Director, who has the final decision-making authority to approve or deny. After approval or denial, the Executive Director will return the application to the Human Resources Division for tracking purposes. The application and attachments thereto will be maintained in the Human Resources Division. The Human Resources Division will notify the employee and the division director of whether the application is approved or denied.(4) Reimbursement Amounts and Requirements. Employees may be reimbursed up to $750.00 per semester (semester includes traditional semester, quarter, summer session, intersession or Internet course) for up to three (3) semesters per fiscal year, after completing pre-approved coursework with a grade of C or equivalent for undergraduate level work, or B or equivalent for graduate level work. An official grade report, payment receipt and a signed Tuition Reimbursement Payment Request form are required before any reimbursement will be approved. This documentation must be routed through, and approved by, the employee's immediate supervisor, division director, the Human Resources Director, and the Executive Director. After approval, the Human Resources Director will forward the documentation to the Office of the Controller for payment processing. Reimbursement will be made only for tuition and required and compulsory fees. The cost of books, supplies, deposits, travel, late fees, parking fees and any optional fees are the responsibility of the employee and will not be reimbursed.(5) Employees must apply any grant, scholarship, or other financial aid paid to them specifically for tuition and required fees before requesting reimbursement from the Commission for the same purposes.(6) Hours of Attendance. Employees are expected to retain their regular work hours schedule, or may apply for an alternative work schedule with approval from their supervisor and division director.", "sourceNote": "Source Note: The provisions of this §140.580 adopted\r\nto be effective December 31, 2015, 40 TexReg 9638; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226146", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.581", "label": "Family Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226147", "queryAsDate": "03/11/2026" }, "ruleBody": "A family leave pool is established to provide eligible employees more flexibility in bonding and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic.(1) The Executive Director of the Commission is designated as the pool administrator and may delegate duties to the Human Resources Director as needed.(2) The Human Resources Director, with the advice and consent of the Executive Director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.(3) Donations to the pool are strictly voluntary.", "sourceNote": "Source Note: The provisions of this §140.581 adopted\r\nto be effective January 6, 2022, 46 TexReg 9285; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226147", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "140", "label": "ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO" }, "subchapter": { "number": "G", "label": "TEXAS LOTTERY AND CHARITABLE BINGO - GENERAL ADMINISTRATION" }, "rule": { "number": "§140.590", "label": "Savings Incentive Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226218", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section implements Chapter 2108 of the Texas Government Code, which requires state agencies to provide notice to the comptroller of savings realized from appropriated undedicated general revenue and to retain a portion of the amounts verified by the comptroller. The Charitable Bingo Operations Division is funded by general revenue. However, the Bingo program is supported by fees and the commission does not foresee retaining any general revenue savings at this time. However, consistent with the statute, this section will govern any potential future savings realized from appropriated undedicated general revenue.(b) Retention of Funds. The commission will retain one-half of the amount of savings verified by the comptroller.(c) Use of Funds. Of the savings retained by the commission, one-half:(1) must be used to make additional principal payments for general obligation bonds issued by the commission or on behalf of the commission by the Texas Public Finance Authority; or(2) if there are no outstanding general obligation bonds issued by the commission or on behalf of the commission by the Texas Public Finance Authority, may be used to provide bonuses, distributed equally, to each commission employee who:(A) is a current full-time equivalent employee of the commission;(B) worked for the commission as a full-time equivalent employee for the entire fiscal year in which the savings were realized; and(C) is directly responsible for or worked in a department, office, or other division within the commission that is responsible for the savings realized.(3) If the amount of savings verified by the comptroller, expressed as a percentage of the total amount of undedicated general revenue derived from nonfederal sources appropriated to the commission for the fiscal year in which the savings were realized, is:(A) less than three percent, a bonus described by subsection (c)(2) of this section may not exceed $250;(B) at least three percent but less than five percent, a bonus described by subsection (c)(2) of this section may not exceed $500;(C) at least five percent but less than 10 percent, a bonus described by subsection (c)(2) of this section may not exceed $750; and(D) 10 percent or more, a bonus described by subsection (c)(2) of this section may not exceed $1,000.(4) The commission may not provide a bonus under subsection (c)(2) of this section to a commission employee who serves in a director-level position, including the executive director.", "sourceNote": "Source Note: The provisions of this §140.590 adopted\r\nto be effective May 3, 2018, 43 TexReg 2577; amended to be effective\r\nJune 30, 2021, 46 TexReg 3872; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226218", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§141.100", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226219", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter and Texas Occupations Code, Chapter 2001, shall have the following meanings, unless the context clearly indicates otherwise.(1) State law--Texas statutes and reported court cases.(2) Calendar week--A period of seven consecutive days commencing with Sunday and ending with Saturday.(3) Calendar year--A period of 12 consecutive months commencing with January 1 and ending with December 31.(4) Commission--The Texas Lottery Commission, the agency created by H.B. 54, 72nd Leg., 1st C.S. (1991), as amended by H.B. 1587 and H.B. 1013, 73rd Leg. R.S., 1993.(5) Conductor--A licensed authorized organization.(6) Director--The Director of the Charitable Bingo Operations Division, commonly known as the bingo division, of the Commission.(7) Operator--A natural person designated pursuant to authority of the Bingo Enabling Act.(8) 24-hour period--A period of 24 consecutive hours commencing at 12:00 midnight.(9) Premises--The area subject to the direct control of and actual use by a licensed authorized organization or group of authorized organizations to conduct bingo. There may not be more than one premises under a common roof or over a common foundation, except under a license that was in existence on or before May 23, 1997. A premises must have an address. The term does not include a virtual location or place.", "sourceNote": "Source Note: The provisions of this §141.100 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nSeptember 13, 2007, 32 TexReg 6148; amended to be effective September\r\n13, 2012, 37 TexReg 7088; amended to be effective February 27, 2025,\r\n50 TexReg 986; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226219", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§141.101", "label": "Advisory Opinions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226220", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Time Period.(1) The Commission shall respond to an advisory opinion request not later than the 60th day after the later date of when the Commission receives the written request containing sufficient facts or receives the additional information pursuant to a request for additional information to provide an answer on which the requestor may rely. However, if the Commission requests an attorney general opinion on a matter that is the subject of an advisory opinion request the deadlines are tolled until 30 days following the issuance of the attorney general opinion.(2) The Commission shall notify the person making the request of the date the advisory opinion request is received and of the advisory opinion number.(3) The authority granted by Occupations Code, §2001.059, may be delegated to the Charitable Bingo Operations Director or his or her designee. The Commission by separate order may delegate to an employee of the Commission the authority granted.(4) The Commission retains the authority to issue advisory opinions pursuant to Occupations Code, §2001.059. The delegation of authority merely augments the Commission's ability to perform the duties and functions of the Commission with respect to issuing advisory opinions.(b) Request for an Advisory Opinion.(1) An officer, bingo chairperson, or authorized representative of a license holder or an attorney, accountant, or bookkeeper employed or retained by a license holder may request from the Commission an advisory opinion regarding compliance with this chapter and the rules of the Commission.(2) A person requesting an advisory opinion shall do so by sending the request in writing addressed to Advisory Opinion, Charitable Bingo Operations Division, Texas Lottery Commission, and P.O. Box 16630, Austin, Texas 78761-6630 or by e-mail to Advisory.Opinion@lottery.state.tx.us. (3) A request for an advisory opinion shall describe a specified factual situation. The request shall make clear that it is a request for an advisory opinion under Occupations Code, §2001.059, and state in sufficient detail all facts upon which the request for opinion is based to permit the Commission to provide a response to the request and shall contain the name and address of the person requesting the opinion. The request may be accompanied by supporting legal arguments and citations of law or rules as the requesting person deems pertinent. Any other person may also submit legal arguments, citations of law or rules, or legal briefs within 30 days of the date of the request for opinion.(c) Request for Additional Information.(1) If the Commission determines that the request for an advisory opinion does not contain sufficient facts to provide an answer, the Commission shall request additional written information from the requestor not later than ten calendar days after the request for advisory opinion was received by the Commission.(2) If no additional information is supplied to the Commission within ten calendar days of the date of the Commission's request and the Commission determines that the request does not contain sufficient facts to provide an answer, then no opinion can be issued and the advisory opinion request file will be closed. In this instance, the requestor will be given a statement that no opinion can be expressed with regard to a given fact situation due to the failure to supply additional information.(3) The response to a Commission request for additional information shall be addressed to Advisory Opinion, The Charitable Bingo Operations Division, Texas Lottery Commission, and P.O. Box 16630, Austin, Texas 78761-6630 or by e-mail to Advisory.Opinion@lottery.state.tx.us in order to permit the Commission to provide a response to the request.(d) Subject of an Advisory Opinion.(1) The Commission may refuse to issue an advisory opinion on a matter that the Commission knows to be in active litigation including a contested administrative case.(2) An advisory opinion cannot resolve a disputed question of fact other than to provide a response which refers to the applicable statutes and rules.(e) Response.(1) A request for an advisory opinion that contains sufficient facts shall initially be referred to any appropriate personnel within the Charitable Bingo Operations Division for review and written comment.(2) If the Commission determines that a request for an advisory opinion has already been answered by the Commission, then the Commission may provide a written response to the requestor that cites the prior advisory opinion.(3) The Commission may publish the response on its website.(4) The response shall clearly state that the opinion is advisory in nature and is restricted to the fact situation identified in the opinion.(5) A requestor may rely upon an advisory opinion if the conduct is substantially consistent with the opinion and the facts stated in the request.(6) The Commission cannot grant nor confer legal authority beyond the statute or rule which is the subject of the request for advisory opinion.(7) A previously issued advisory opinion not in accord with the current Commission statutes and rules may be modified or revoked, but in such an instance the modification or revocation shall operate prospectively only.", "sourceNote": "Source Note: The provisions of this §141.101 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nMarch 9, 2010, 35 TexReg 1995; amended to be effective July 5, 2010,\r\n35 TexReg 5818; amended to be effective February 27, 2025, 50 TexReg\r\n986; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226220", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§141.102", "label": "Bingo Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226221", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) What is the purpose of the Bingo Advisory Committee (BAC)?(1) The purpose of the BAC is to:(A) advise the Commission on the needs and problems of the state's bingo industry;(B) report the activities of the BAC to the Commission; and(C) perform other duties as directed by the Commission.(2) The BAC's sole duty is to advise the Commission.(3) The BAC has no executive or administrative powers or duties with respect to the operations of the Charitable Bingo Operations Division.(b) What is the composition of the Bingo Advisory Committee? (1) The Commission may appoint nine persons as members of the BAC.(2) The Commission must appoint members to represent the following interest groups:(A) the public;(B) conductors that are not licensed commercial lessors;(C) conductors that are licensed commercial lessors;(D) commercial lessors;(E) licensed manufacturers; and(F) licensed distributors.(c) What are the minimum eligibility requirements to serve on the BAC?(1) A member may not represent a licensee that is delinquent in payment of any prize fees for which a final jeopardy determination has been made by the Commission.(2) A member representing the public may not be an individual who is required by statute to be listed on a conductor, commercial lessor, manufacturer, or distributor license application.(3) A member must meet the criminal history standards in Bingo Enabling Act Sections 2001.105(b), 2001.154(a)(1), 2001.202(1), and 2001.207(1).(4) A nominee for membership must provide complete and accurate information on the nomination form.(d) How are members nominated to serve on the BAC?(1) Individuals may submit a nomination form during the nomination period determined by the Commission.(2) Nomination forms are available from the Charitable Bingo Operations Division or the Commission's website.(e) What is the appointment process?(1) Commission staff verifies eligibility and qualifications of nominees and sends all nominations that meet minimum requirements to each Commissioner.(2) Each Commissioner may interview those nominees.(3) The BAC may be a resource to the Commission by reviewing nominations, interviewing prospective members, and submitting its recommendations to the Commissioners for consideration. However, the BAC will not act to exclude nominees.(4) The Commissioners shall appoint a nominee based on a review of the nomination form and/or interview.(f) Each member serves at the pleasure of the Commission or until they resign or are unable to serve.(g) May a BAC member be removed from the BAC before the member's term has expired? The Commission may remove a member at any time without cause.(h) When and where does the BAC meet?(1) The BAC may meet quarterly or more frequently at the Commission's request.(2) BAC meetings may be held virtually or at a state office building in Austin, Texas. (i) Who conducts the BAC meeting?(1) The BAC must annually select a presiding officer to conduct meetings and general business.(2) The presiding officer must designate a member of the BAC to conduct meetings and general business in the presiding officer's absence.(j) Are BAC meetings open to the public? Yes. The BAC must publish notice of a BAC meeting at least 10 full days prior to the date of the meeting. The meeting notice shall include the time, day, and location of the meeting as well as the agenda items. The BAC presiding officer shall request the Commission, through Commission staff, post the notice on the Commission's website.(k) May a member send a substitute person or proxy vote to a BAC meeting? A member may not send a substitute person or proxy vote to a meeting.(l) Are minutes kept of BAC meetings?(1) The BAC must keep minutes of each meeting reflecting all formal action taken.(2) The BAC may consider a transcript prepared by a court reporter to be the minutes of the meeting. The Commission will provide a court reporter (or transcript service if a court reporter is not available) to prepare a transcript of each BAC meeting.(3) The BAC must approve the minutes at its next meeting, and file the approved minutes with the Charitable Bingo Operations Division Director, who shall post the approved minutes on the Commission's website.(m) What is the BAC's annual workplan?(1) The workplan will contain items that the Commission determines.(2) The BAC may submit to the Commission for their consideration and approval additional items for the workplan that are relevant to the state of the bingo industry.(n) What are the BAC's reporting requirements?(1) The BAC must report their activities quarterly to the Commission, although the Commission may require reporting more frequently.(2) The BAC will report annually to the Commission the BAC's perspective on the state of the charitable bingo industry in Texas with specific comments on the following:(A) adjusted gross receipts;(B) net receipts;(C) charitable distributions;(D) expenses;(E) attendance; and(F) any other matter requested by the Commission.(3) At the final Commission meeting of any state fiscal year, the BAC will report to the Commission on its activities relating to the Commission-approved workplan for the preceding fiscal year.(o) When does the BAC cease to exist? The BAC will cease to exist annually on August 31, unless the Commission, prior to August 31, votes to continue the BAC. The Commission may continue the BAC with the current members in place.", "sourceNote": "Source Note: The provisions of this §141.102 adopted to\r\nbe effective September 13, 2007, 32 TexReg 6150; amended to be effective\r\nJanuary 28, 2010, 35 TexReg 478; amended to be effective July 12,\r\n2018, 43 TexReg 4551; amended to be effective February 27, 2025, 50\r\nTexReg 986; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226221", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§141.103", "label": "Training Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226222", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings.(1) On-line training course--A training course developed by the Commission that is accessible on the Commission's website and may be taken at any time.(2) On-site training course--A training course conducted by a Commission employee held at a specified date, time, and location.(3) Primary training course--Comprehensive initial training required for all individuals who have never held a valid certificate of completion.(4) Continuing education course--Refresher training for individuals who have held a valid certificate of completion.(5) Certificate of completion--Documentation issued by the Commission certifying an individual's completion of the training program that is valid for two years.(b) Training format. The training program is offered online and may be offered on-site.(c) Required training.(1) At all times the bingo chairperson and a designated agent of a unit must have a valid certificate of completion for the training program unless the organization is a member of a unit that designates a unit manager under §2001.437 of the Bingo Enabling Act. A designated unit manager must have a valid certificate of completion for the training program.(2) All individuals listed in paragraph (1) of this subsection who have not previously been issued a certificate of completion are required to take the primary training course.(3) Subsequent training requirements may be met by taking either a primary or continuing education training course.(4) As part of the terms of a Commission order, the Commission may direct one or more members of a licensed authorized organization to complete the primary or continuing education training course within a specified timeframe, regardless of whether or not the individual(s) has a valid certificate of completion.(5) Non-regular conductors are not subject to training requirements. (d) Optional training. Other individuals including operators, officers, directors, or members of a licensed authorized organization may take a training course.(e) Content of the primary training course. The primary training course covers, at a minimum, the following areas:(1) Overview of the Bingo Enabling Act and Charitable Bingo Administrative Rules;(2) Conducting a bingo game;(3) Record keeping requirements;(4) Administration and operation of charitable bingo;(5) Promotion of a bingo game;(6) Bingo Advisory Committee; and(7) General information about the license application process.(f) On-site training course.(1) Notice of the specified date, time and location of scheduled on-site training courses will be posted on the Commission's website.(2) A person attending an on-site training course should pre-register by:(A) completing an electronic submission form prescribed by the Commission located on the Commission's website; or(B) telephoning the Commission's headquarters location and providing the information requested on the form prescribed by the Commission.(3) To confirm attendance, each individual attending a training course must sign the attendance sheet provided by the Commission at the training course.(4) A person must attend a complete course to receive a certificate of completion.(5) The Commission instructor has discretionary authority to determine whether a person has attended a complete course in order to receive the certificate of completion.(6) All reasonable and necessary expenses or costs of attendance by any member of the licensed authorized organization may be paid from the licensed authorized organization's bingo bank account. Expenses and costs are limited to travel, lodging, meals, and materials.(7) In the event the Charitable Bingo Operations Division cancels the on-site training, reasonable effort will be made to notify persons who have pre-registered.(g) On-line training course. Persons taking the on-line training course must:(1) complete the training modules as specified on the Commission's website; and(2) obtain a certificate of completion through the automated program on the website.", "sourceNote": "Source Note: The provisions of this §141.103 adopted\r\nto be effective February 10, 2009, 34 TexReg 809; amended to be effective\r\nJanuary 28, 2010, 35 TexReg 480; amended to be effective September\r\n13, 2012, 37 TexReg 7088; amended to be effective August 1, 2016,\r\n41 TexReg 5505; amended to be effective February 27, 2025, 50 TexReg\r\n986; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226222", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§141.104", "label": "Delinquent Obligations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226223", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Debtor--Any person or entity liable or potentially liable for a charitable bingo related obligation owed to the Commission or against whom a claim or demand for payment has been made.(2) Delinquent--Payment is past due by law or by customary business practice, and all conditions precedent to payment have occurred or been performed.(3) Demand letter--A writing mailed to a debtor setting forth the nature and amount of the obligation owed to the Commission and demanding payment of that obligation.(4) Obligation--Any debt, judgment, claim, account, fee, fine, tax, penalty, or interest.(5) OAG--Office of the Attorney General of Texas.(b) Upon a determination by the Charitable Bingo Operations Director, or their designee, that a charitable bingo related obligation to the Commission is delinquent, the Charitable Bingo Operations Director or designee will:(1) Attempt to determine the liability of each individual or entity responsible for the obligation and whether that liability can be established by statute or common law;(2) Transmit demand letters to the debtor(s) in conformance with subsection (c) of this section;(3) To the extent practicable, maintain individual collection histories of each obligation in order to document attempted contacts with the debtor, the substance of communications with the debtor, efforts to locate the debtor and its assets, and other information pertinent to collection of the delinquent obligation; and(4) Utilize warrant hold procedures as provided in subsection (d) of this section.(c) The Commission will generally transmit two demand letters to a debtor's verified address. The first demand letter will be sent no later than 30 days after the obligation becomes delinquent. If the obligation remains uncollected, a second demand letter should be sent no sooner than 30 days, but not more than 60 days, after the first demand letter. However, if the Charitable Bingo Operations Director or their designee determines that the amount of a delinquent obligation is minimal, the Director or designee may delay the transmission of the second demand letter. Demand letters will be mailed in an envelope bearing the notation \"Return Service Requested\" in conformity with applicable United States Postal Service regulations. If an address correction is provided by the United States Postal Service, the demand letter will be re-sent to the correct address prior to referral to the OAG. The second demand letter will include a statement that the obligation, if not paid, may be referred to the OAG for collection.(d) As authorized in §403.055 of the Government Code, the Commission will utilize the Comptroller of Public Accounts' warrant hold procedures to ensure that no treasury warrants will be issued to a debtor until the delinquent obligation is paid.(e) The Commission will refer uncollected and delinquent obligations to the OAG as provided by this subsection and the OAG's uniform guidelines, which are found at Title 1, §59.2, of the Administrative Code.(1) If the debtor is an entity, the Commission will provide the OAG with the name of the entity's registered agent and any principal officers and/or directors of the entity. If the debtor is an individual, the Commission will provide the OAG with the name and last known business address and residence address of the individual.(2) Prior to referral of the obligation to the OAG, the Commission will (except in the case where a jeopardy determination has been made under paragraph (5) of this subsection):(A) verify the debtor's address and telephone number;(B) transmit no more than two demand letters as provided in subsection (c) of this section; and(C) verify that the obligation is not legally or practically uncollectible.(3) After considering the relevant factors listed in the OAG's uniform guidelines, the Charitable Bingo Operations Director or designee shall determine whether an uncollected obligation will be referred to the OAG for collection. Generally, the Commission will not refer an uncollected obligation if the amount to be collected would be less than the total sum of expenses to the Commission and the OAG required for collection of the obligation. The Charitable Bingo Operations Director or designee may establish a minimum dollar amount for obligations to be referred to the OAG. However, the Commission may, for policy reasons or other good cause, refer an obligation to the OAG even if the amount to be collected is less than the minimum amount established by the Director or designee.(4) Generally, an uncollected obligation should be referred to the OAG not later than the 90th day after the date the obligation becomes delinquent, but after the second demand letter is sent.(5) If the Charitable Bingo Operations Director or designee reasonably believes that the collection of an obligation is jeopardized, the Director or Designee may issue a jeopardy determination to the debtor stating that the collection of the obligation is in jeopardy and that the amount due is immediately due and payable. In the case of a jeopardy determination, the obligation may be referred to the OAG after the expiration of 20 days after service by personal service or by mail.(6) When referring an uncollected obligation to the OAG, and to the extent practicable, the Commission will provide the OAG with:(A) copies of all correspondence between the Commission and the debtor;(B) a log sheet documenting all attempted contacts with the debtor and the result of such attempts;(C) a record of all payments made by the debtor and copies of all checks tendered as payment;(D) any information pertaining to the debtor's residence and his assets; and(E) copies of any license application, security, final orders, contracts, grants, or instrument giving rise to the obligation.(7) Delinquent obligations that warrant referral to the OAG, and upon which an uncollected bond or other security is held, shall be referred to the OAG no later than 60 days after becoming delinquent. All such accounts where the principal has filed for relief under federal bankruptcy laws will be referred to the OAG immediately.(f) The Commission will not issue a license to, renew a license for, or list on the bingo worker registry any debtor until the delinquent obligation is paid.", "sourceNote": "Source Note: The provisions of this §141.104 adopted to\r\nbe effective February 25, 2015, 40 TexReg 814; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226223", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§141.105", "label": "Postmarks, Receipt Marks, Timely Filing of Forms, Reports, Applications and Payment of Fees." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226224", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Common carrier--A person who provides transportation of persons or property to members of the general public for compensation in the normal course of business.(2) Receipt mark--An official mark printed by a common carrier recording the date and place of mailing. (3) United States Postal Service postmark--An official mark printed over a postage stamp by the United States Postal Service, canceling the stamp and recording the date and place of mailing. A postmark does not include dates recorded on postage purchased over the internet, pre-metered stamps, or postage from postage meters unless an actual postmark is generated.(b) General Provisions.(1) All forms, reports, and applications required to be submitted to the commission shall be filed on or before the due date for filing the form, report, or application.(2) All payments required to be remitted to the commission shall be paid on or before the due date for making such payments.(3) If the due date falls on a Saturday, Sunday, or legal holiday, the due date is the next business day.(4) If a form, report, application, or payment is postmarked or receipt-marked on or before the due date, it will be considered timely filed.(c) Timely Filing or Payment- Postmark or Receipt Mark.(1) To determine whether a form, report, or application has been timely filed, or a payment timely made, the date of the United States Postal Service postmark or a receipt mark showing when a report or payment was delivered to a common carrier or contract carrier will be prima facie evidence of the date the filing or payment was made, so long as the envelope, or common carrier or contract carrier documentation, reflects a valid commission address.(2) If a report or payment is received through the United States Postal Service and does not have a postmark, or is received through a common carrier and does not have a receipt mark, the date of the filing or payment is presumed, in the absence of evidence supporting the assertion of a different filing date, to be:(A) if received through the United States Postal Service, three days prior to the date on which the form, report, application, or payment is physically received by the commission, as evidenced by commission records; or(B) if received through a common carrier, one day prior to the date on which the report or payment is physically received by the commission, as evidence by commission records.(3) If a licensee penalized for late filing or late payment can provide a postmark or receipt mark complying with the requirements of timely filing and timely paying but, through no fault of the licensee, the form, report, application, or payment arrived after the due date, the filing or payment will be considered timely. The licensee's testimony that the form, report, application, or payment was sent will not be considered as evidence of timely filing or payment. (4) A form, report, application, or payment that is submitted electronically will be considered filed or paid on the date it is received.", "sourceNote": "Source Note: The provisions of this §141.105 adopted\r\nto be effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226224", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "B", "label": "CONDUCT OF BINGO" }, "rule": { "number": "§141.200", "label": "General Restrictions on the Conduct of Bingo" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226225", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A bingo occasion that is fairly conducted by a licensed authorized organization is one that is impartial, honest, and free from prejudice or favoritism. It is also conducted competitively, free of corrupt and criminal influences, and follows applicable provisions of the Bingo Enabling Act and Charitable Bingo Administrative Rules.(b) Inspection and use of equipment.(1) All bingo equipment is subject to inspection at any time by any representative of the Commission. No person may tamper with or modify or allow others to tamper with or modify any bingo equipment in any manner which would affect the randomness of numbers chosen or which changes the numbers or symbols appearing on the face of a bingo card. A licensed authorized organization has a continuing responsibility to ensure that all bingo equipment used by it is in proper working condition.(2) A registered bingo worker must inspect the bingo balls prior to the first game of each bingo occasion, making sure all of the balls are present and not damaged or otherwise compromised.(3) Bingo balls that are missing, damaged, or otherwise compromised shall be replaced in complete sets or individually if the bingo balls are of the same type and design.(4) A registered bingo worker must inspect the bingo console and flashboard to ensure proper working order prior to the first game of each bingo occasion.(5) The organization must establish and adhere to, and make available to the players upon request, a written procedure that addresses problems during a bingo occasion concerning:(A) bingo equipment malfunctions; and(B) improper bingo ball calls or placements.(c) Location of bingo occasion. A bingo occasion may be conducted only on premises which are:(1) owned by a licensed authorized organization;(2) owned by a governmental agency when there is no charge to the licensed authorized organization for use of the premises;(3) owned or leased by a licensed commercial lessor; or(4) leased or used by the holder of a temporary license who does not hold a regular license.(d) All bingo games must be conducted and prizes awarded on the days and within the times specified on the license to conduct bingo. If a circumstance occurs that would cause a regular bingo game to continue past the time indicated on the license, the licensed authorized organization may complete the regular bingo game. A written record detailing the circumstance that caused the bingo game to continue past the time indicated on the license must be maintained by the organization for forty-eight (48) months.(e) Pull-tab bingo event tickets may not be sold after the occurrence of the event used to determine the game's winner(s) unless the organization has a policy and procedure in their house rules addressing the sale and redemption of pull-tab bingo event tickets after the event has taken place.(f) Merchandise prizes. Any merchandise or other non-cash prize, including bingo equipment, awarded as a bingo prize shall be valued at its current retail price. However, a non-cash prize awarded as a bingo prize may be valued at the price actually paid for that prize provided that the licensed authorized organization maintains a receipt or other documentation evidencing the actual price paid.(g) \"Cash bingo prize\" includes cash, coins, checks, money orders, or any other financial instrument that is convertible to cash.(h) Donated bingo prizes. A licensed authorized organization may accept or award donated bingo prizes. A donated bingo prize shall be valued at its current retail price.(i) The licensed authorized organization is responsible for ensuring the following minimum requirements are met to conduct a bingo occasion in a manner that is fair.(1) The licensed authorized organization must make the following information available to players prior to the selling of a pull-tab bingo event ticket game:(A) how the game will be played;(B) the prize to be awarded if not United States currency; and(C) how the winner(s) will be determined.(2) Each licensed authorized organization shall conspicuously display during all bingo occasions a sign indicating the name(s) of the operator(s) authorized by the licensed authorized organization to be in charge of the occasion.(A) The letters on the sign shall be no less than one inch tall.(B) The sign shall inform the players that they should direct any questions or complaints regarding the conduct of the bingo occasion to an operator listed on the sign.(C) The sign should further state that if the player is not satisfied with the response given by the operator that the player has the right to contact the Commission and file a formal written complaint.(3) Prior to the start of a bingo occasion, the licensed authorized organization shall make a written game schedule available to all patrons. The game schedule must contain the following information: (A) all regularly scheduled games to be played;(B) the order in which the games will be played;(C) the patterns needed to win;(D) the prize(s) to be paid for each game, including the value of any non-cash bingo prizes as set in subsections (f) and (g) of this section;(E) whether the prize payout is based on sales or attendance; (F) the entrance fee and the number of cards associated with the entrance fee, if any; and(G) the price of each type of bingo card offered for sale.(4) The licensed authorized organization may amend the game schedule during the bingo occasion to correctly reflect any changes to game play during that occasion provided that the amendments are announced to the patrons and documented, in writing, on the game schedule. If not otherwise prohibited by law, the licensed authorized organization may conduct a bingo game that was not originally listed on the game schedule if the game and the prize(s) to be awarded for that game are announced to the patrons prior to the start of the game and documented, in writing, on the game schedule. Upon completion of the bingo occasion, the final game schedule must properly account for all games played during that occasion and the prizes awarded for those games.(j) Reservation of bingo cards. No licensed authorized organization may reserve, or allow to be reserved, any bingo card or cards for use by a bingo player.(k) Bingo worker requirements.(1) Bingo staff and employees may not play bingo during an occasion in which the bingo staff or employees are conducting or assisting in the conduct of the bingo occasion.(2) A bingo worker shall not:(A) communicate verbally, or in any other manner, to the caller the number(s) or symbol(s) needed by any player to win a bingo game;(B) require anything of value from players, other than payment, for bingo cards, electronic card minding devices, pull-tab bingo tickets, and supplies; or(C) deduct any cash or portion of a winning prize other than the prize fee without the player's permission.(l) Caller requirements. The caller shall:(1) be located so that one or more players can:(A) observe the drawing of the ball from the bingo receptacle; and(B) gain the attention of the caller when the players bingo;(2) be the only person to handle the bingo balls during each bingo game;(3) call all numbers and make all announcements in a manner clear and audible to all of the playing areas of the bingo premises;(4) announce:(A) prior to the start of the regular bingo game, the pattern needed to win and the prize. If the prize amount is based on sales or attendance, the prize amount must be announced prior to the end of the game;(B) that the game, or a specific part of a multiple-part game, is closed after asking at least two (2) times whether there are any other bingos and pausing to permit additional winners to identify themselves;(C) whether the bingo is valid and if not, that there is no valid bingo and the game shall resume. The caller shall repeat the last number called before calling any more numbers; and(D) the number of winners for the game.(5) return the bingo balls to the bingo receptacle only upon the conclusion of the game; and(6) not use cell phones, personal digital assistants (PDAs), computers, or other personal electronic devices to communicate any information that could affect the outcome of the bingo game with anyone during the bingo occasion.(m) Verification. (1) Winning cards. The numbers appearing on the winning card must be verified at the time the winner is determined and prior to prize(s) being awarded in order to ensure that the numbers on the card in fact have been drawn from the receptacle.(A) This verification shall be done either in the immediate presence of one or more players at a table or location other than the winner's, or displayed on a TV monitor visible by all of the players or by an electronic verifier system visible by all the players.(B) After the caller closes the game, a winning disposable paper card or an electronic representation of the card for each game shall also be posted on the licensed premises where it may be viewed in detail by the players until at least 30 minutes after the completion of the last bingo game of that organization's occasion.(2) Numbers drawn. Any player may request a verification of the numbers drawn at the time a winner is determined and a verification of the balls remaining in the receptacle and not drawn.(A) Verification shall take place in the immediate presence of the operator, one or more players other than the winner, and player requesting the verification.(B) Availability of this additional verification, done as a request from players, shall be made known either verbally prior to the bingo occasion, printed on the playing schedule, or included with the bingo house rules.(n) Each licensed authorized organization must establish and adhere to written procedures that address disputes. Those procedures shall be made available to the players upon request.(o) The total aggregate amount of prizes awarded for regular bingo games during a single bingo occasion may not exceed $5,000. This subsection does not apply to:(1) a pull-tab bingo game; or(2) a prize of $50 or less that is actually awarded in an individual game of regular bingo.(p) For purposes of §2001.419 of the Occupations Code, a bingo occasion will be considered to have occurred on the date on which the occasion began.(q) A licensed authorized organization may not accept credit cards or any other type of credit payments for the payment of bingo products, regardless of how the transaction is structured.", "sourceNote": "Source Note: The provisions of this §141.200 adopted to\r\nbe effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nNovember 19, 2008, 33 TexReg 9220; amended to be effective September\r\n13, 2012, 37 TexReg 7089; amended to be effective January 1, 2014,\r\n38 TexReg 9531; amended to be effective August 1, 2016, 41 TexReg\r\n5505; amended to be effective January 2, 2020, 44 TexReg 8292; amended\r\nto be effective October 22, 2020, 45 TexReg 7414; amended to be effective\r\nJanuary 4, 2024, 48 TexReg 8369; amended to be effective February\r\n27, 2025, 50 TexReg 986; transferred effective October 1, 2025, as\r\npublished in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226225", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "B", "label": "CONDUCT OF BINGO" }, "rule": { "number": "§141.201", "label": "Prohibited Bingo Occasion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226226", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No licensee shall sell bingo cards for a bingo occasion or commence or continue a bingo occasion unless an active member that has been designated pursuant to the Occupations Code, §2001.411, is physically present at the bingo premises and is actively supervising and directing the sale of bingo cards and the bingo occasion. Any sale of bingo cards, game of bingo, or bingo occasion conducted in violation of this provision is a violation of the Bingo Enabling Act.(b) If a complaint regarding illegal bingo is substantiated, the Commission will issue a cease and desist letter and copy local law enforcement if the location is known.", "sourceNote": "Source Note: The provisions of this §141.201 adopted to\r\nbe effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nMarch 9, 2010, 35 TexReg 1996; amended to be effective February 27,\r\n2025, 50 TexReg 986; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226226", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "B", "label": "CONDUCT OF BINGO" }, "rule": { "number": "§141.202", "label": "Transfer of Funds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226227", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of §2001.451(c), Texas Occupations Code, \"other account\" means an account other than the bingo account held in the name of the licensed authorized organization.(b) Notification of the transfer of funds into the bingo account or bingo unit account must be submitted on a form prescribed by the Commission.(c) An applicant for an original license to conduct bingo must not have a bingo bank account until licensed. Any funds transferred to the bingo bank account after the license is issued must provide a Transfer of Funds-Bingo Bank Account form to the Commission no later than 14 calendar days after the date the funds were transferred. (d) The licensed authorized organization must show the amount of transferred funds on the Texas Bingo Quarterly report for the quarter the funds were transferred.(e) A licensed authorized organization or unit must maintain records to substantiate the transfer of funds into or removed from the bingo account or bingo unit account.(f) All or part of the transferred funds may be transferred from the bingo account or bingo unit account back to the licensed authorized organization or unit. The amount of transferred funds removed from the licensed authorized organization's bingo account or bingo unit account must be shown as reimbursed transferred funds on the Texas Bingo Quarterly report for the quarter the funds were removed.(g) Funds transferred to the bingo account or bingo unit account may be used for authorized expenses but will not be used to determine if the organization's bingo operation resulted in net proceeds over its license period.(h) Only funds from a licensed authorized organization's other account may be transferred into its bingo account or bingo unit account if the licensed authorized organization is a member of an accounting unit at the time the funds are transferred.(i) At the time the funds are transferred into a bingo account or bingo unit account the reconciled bank balance for the quarter that the funds were transferred into the bingo account or bingo unit account may not exceed the licensed authorized organization's or unit's authorized quarterly operating capital as determined by the Commission.", "sourceNote": "Source Note: The provisions of this §141.202 adopted to\r\nbe effective May 2, 2010, 35 TexReg 3249; amended to be effective\r\nSeptember 13, 2012, 37 TexReg 7091; amended to be effective February\r\n27, 2025, 50 TexReg 986; transferred effective October 1, 2025, as\r\npublished in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226227", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "B", "label": "CONDUCT OF BINGO" }, "rule": { "number": "§141.203", "label": "Unit Accounting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226228", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The provisions of this rule relate only to the accounting, reporting and operation of units in accordance with the Bingo Enabling Act and this chapter. Nothing in this rule shall be construed as a grant of authority or waiver of responsibility under federal law, including tax law, and other state law.(b) Definitions. In addition to the definitions provided in §402.100 of this chapter, and unless the context in this section otherwise requires, the following definitions apply:(1) Default--The term used to describe the status of a licensed authorized organization that does not timely pay for the sale or lease of bingo supplies or equipment as provided in Occupations Code, §2001.218.(2) Net proceeds--The unit's gross receipts from bingo and gross rental income, if applicable, less prizes awarded and authorized expenses.(c) Each unit will be assigned an identification number by the Commission.(d) If a unit dissolves and starts another unit with the same organizations, for all intent and purposes, it is the same unit and is responsible for all liabilities and distributions owed by the prior unit.(e) Unit Representation.(1) All units, with the exception of a unit with a Unit Manager, must name a designated agent who is responsible for providing the Commission access to all inventory and financial records of the unit on request by the Commission.(2) It is the responsibility of the unit's designated agent to provide information to the Commission on:(A) the unit agreement or trust agreement;(B) submission of all required forms;(C) unit Quarterly Report; and(D) unit's bingo records.(3) The designated agent will make available all unit accounting records to any member of a licensed authorized organization whose organization is a member of the accounting unit within thirty (30) calendar days of the request.(4) The designated agent will provide a copy of all unit accounting records to the bingo chairperson of a licensed authorized organization whose organization was a member of the accounting unit within thirty (30) calendar days of the date of separation.(f) Unit's Use of Proceeds.(1) All distributions of net proceeds of the unit shall be paid from the unit's bingo account to the account designated by the unit member. Each unit member is required to maintain adequate records establishing that the use of such net proceeds is in accordance with Occupations Code §2001.454.(2) All prize fees collected in accordance with Occupation Code, §2001.502 must be deposited in the unit's bingo account and paid from the unit's bingo account.(g) Unit Transactions.(1) Upon prior written consent by the Commission:(A) a licensed authorized organization may make a sale of bingo cards, a used bingo flash board or blower to a unit;(B) a unit may make a sale of bingo cards, a used bingo flash board or blower to a licensed authorized organization; or(C) a unit may make a sale of bingo cards, a used bingo flash board or blower to another unit.(2) Within thirty (30) calendar days of initially joining a unit, the licensed authorized organization shall notify the Commission of the bingo cards and pull-tab bingo tickets transferred to the unit.(3) If a member of a unit is in default, a person may not sell or transfer bingo equipment or supplies to the unit on terms other than immediate payment on delivery.(h) Unit Recordkeeping.(1) Each unit must file a quarterly report and any required supplements on forms prescribed by the Commission and maintain records to substantiate the contents of the reports.(2) The unit must adhere to all applicable recordkeeping requirements in the Bingo Enabling Act and Charitable Bingo Administrative Rules.(3) A member of a unit which is also licensed as a commercial lessor must report its rental income on the unit quarterly report.(4) Each unit must maintain a log for each bingo occasion indicating the following:(A) date of the occasion;(B) licensed authorized organization conducting the bingo occasion; and(C) operator on duty.(i) Unit Bingo Account.(1) The unit must establish and maintain one checking account designated as the \"bingo account.\" The unit must maintain the \"bingo account\" in compliance with the same provisions of the Bingo Enabling Act and Charitable Bingo Administrative Rules applicable to a licensed authorized organization.(2) The face of the checks must list the name of the unit, the words \"Bingo Account\", and the unit's identification number.(3) Only the following may be deposited into the unit's bingo account:(A) proceeds from the conduct of bingo;(B) rent payments received by a unit member that is also a licensed commercial lessor; and(C) funds transferred by new members or funds transferred in accordance with §402.202 of this subchapter (relating to Transfer of Funds).(4) A separate deposit must be made for each bingo occasion conducted. Additionally, all sales and prizes must be recorded in accordance with the rules.(5) All prize fees must be paid from the unit bingo account.(j) Transfer of Funds to the Unit Account by new Members.(1) A licensed authorized organization joining a unit may transfer funds from its previous bingo account into the unit bingo account at the time:(A) the unit is formed;(B) within 60 days of joining an existing unit;(2) Any additional funds transferred to the unit bingo account must comply with §402.202 of this subchapter.(3) Funds previously reported on a bingo quarterly report as charitable distributions may not be transferred to the unit bingo account.(4) All net proceeds remaining in the organization's former bingo account at the time it joins a unit must:(A) be disbursed by the last day of the quarter following the date the organization joined the unit; or(B) transferred to the unit bingo account in accordance with paragraph (1) of this subsection.(5) At the time an organization joins a unit, all of its bingo expenses must be paid from the unit bingo account including outstanding bingo expenses and subsequent expenses. The total amount of outstanding bingo expenses should be included in the amount of funds transferred at the time the unit is formed or at the time of joining an existing unit.(6) If a unit member does not have sufficient funds to cover outstanding bingo expenses or the amount required to join the unit, the unit member's portion of the charitable distribution may be reduced until these obligations have been satisfied. This business practice may be used provided that:(A) the exact terms are reflected in the unit agreement;(B) a copy of the unit agreement is provided to the Commission; and(C) the unit meets the charitable distribution requirement. (7) If the organization transferred funds from its previous bingo account into the unit bingo account, the funds must be reported on the unit's \"Texas Bingo Quarterly Report\" for the quarter they were transferred and on the last \"Texas Bingo Quarterly Report\" the organization filed as a non-unit member.(8) An organization that is required to file a Texas Bingo Quarterly Report for a period prior to joining a unit must file a Final Disposition of Bingo Proceeds in Bank Account reporting the final disposition of all proceeds in its bingo account. The form must be submitted with the unit's \"Texas Bingo Quarterly Report\" for that quarter and would be subject to all \"Texas Bingo Quarterly Report\" filing deadlines, requirements and penalties.(k) Distribution of Funds Upon Withdrawal or Dissolution.(1) An organization receiving a distribution of funds from the unit's bingo account upon leaving the unit, must classify the distribution as a charitable distribution on the unit's \"Texas Bingo Quarterly Report\".(2) Funds distributed as a charitable distribution must be used for the charitable purpose of the organization in accordance with the Bingo Enabling Act and Charitable Bingo Administrative Rules and may not be used to join another unit.(3) A licensed authorized organization joining or withdrawing from a unit at any time other than at the beginning or ending of a reporting quarter is responsible for filing a separate quarterly report for bingo activities conducted apart from the unit.(l) Responsibilities of Unit Members.(1) Each unit member organization is responsible for administering its own bingo occasions and for any violations of the Bingo Enabling Act or Charitable Bingo Administrative Rules that may take place.(2) Each unit member organization is responsible for maintaining and retaining the bingo records relating to all aspects of its occasions up to and including the point at which the deposit is made into the unit's bingo account.(3) Each unit member organization is liable for any bingo cash shortages, inventory shortages, or missing or deficient occasion deposits occurring in association with its bingo occasion conducted.(4) Each unit member organization is responsible for distributing the bingo proceeds received from the unit for its authorized charitable purposes.(5) If a unit demonstrates that a violation of this subchapter or commission rules is wholly attributable to a specific licensed authorized organization member or members of the unit, a penalty for the violation may not be imposed on a unit member to which the violation is not attributable and the penalty imposed on a unit member to which the violation is attributable may not be in an amount greater than the amount initially assessed against each unit member.", "sourceNote": "Source Note: The provisions of this §141.203 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nMarch 9, 2010, 35 TexReg 1996; amended to be effective April 24, 2011,\r\n36 TexReg 2384; amended to be effective September 13, 2012, 37 TexReg\r\n7091; amended to be effective August 1, 2016, 41 TexReg 5505; amended\r\nto be effective January 2, 2020, 44 TexReg 8292; amended to be effective\r\nJanuary 4, 2024, 48 TexReg 8369; amended to be effective February\r\n27, 2025, 50 TexReg 986; transferred effective October 1, 2025, as\r\npublished in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226228", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "B", "label": "CONDUCT OF BINGO" }, "rule": { "number": "§141.204", "label": "Prohibited Price Fixing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226229", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) horizontal price fixing--a price fixing agreement:(A) between competitors on the same level of distribution, such as a price fixing agreement between two or more bingo equipment or supplies manufacturers; or(B) between two or more bingo equipment or supplies distributors; or(C) between two or more suppliers.(2) price fixing agreement--an express or implied agreement to fix, set, control, maintain, or stabilize prices at any level.(3) supplier--a licensed or unlicensed manufacturer or distributor of bingo equipment or supplies or any person, group, or entity with an ownership interest of 10% or greater in a manufacturer or distributor of bingo equipment or supplies.(4) vertical price fixing--a price fixing agreement between parties on different levels of the same chain of distribution regarding the price that one of the parties will charge further down the distribution chain, such as an agreement between a bingo equipment or supplies manufacturer and a bingo equipment or supplies distributor regarding the price that the bingo equipment or supplies distributor will charge to the licensed authorized organization.(b) Horizontal Price Fixing Prohibited.(1) Horizontal price fixing agreements are prohibited.(2) Evidence of uniform prices or exchange of past or historical price information alone shall not be sufficient to establish a violation of paragraph (1) of this subsection or Texas Occupations Code §2001.556.(c) Vertical Price Fixing Prohibited.(1) Vertical price fixing agreements are prohibited.(2) Each distributor shall have full discretion in setting the distributor's sales or lease prices for bingo equipment or supplies to authorized organizations.(3) A manufacturer may not set or control the sales or lease price that a distributor charges a licensed authorized organization for bingo equipment or supplies.(4) A manufacturer may not set a minimum price on any sales or lease price that a distributor charges a licensed authorized organization for bingo equipment or supplies.(5) A manufacturer may not prohibit a distributor from offering price discounts, rebates, credits, promotional allowances, or any other arrangement affecting the price paid by the purchaser or lessee of bingo equipment or supplies, to a licensed authorized organization.(6) A manufacturer may not terminate a distributor's contract for failure to charge the manufacturer's suggested retail price.(7) Discussions, suggestions, or the exchange of information between a manufacturer and a distributor regarding the sales or lease price charged by a distributor to a licensed authorized organization are not, in and of themselves, violations of this subsection or Texas Occupations Code §2001.556, so long as the distributor retains discretion to establish its sales or lease price to licensed authorized organizations.(8) Nothing in Texas Occupations Code §2001.556 shall prevent a manufacturer and distributor from negotiating or establishing the sales or lease price that the distributor will pay to the manufacturer for bingo equipment or supplies.(d) It is not a defense to horizontal or vertical price fixing that the fixed or agreed upon price is reasonable.(e) Recordkeeping Requirements. Manufacturers and distributors shall retain contracts, invoices or other documents sufficient to show wholesale and retail pricing information for a period of forty-eight months. This documentation shall be made available to the Commission upon request, in accordance with §2001.216, Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §141.204 adopted to\r\nbe effective July 17, 2007, 32 TexReg 4387; amended to be effective\r\nSeptember 13, 2012, 37 TexReg 7094; transferred effective October\r\n1, 2025, as published in the September 26, 2025, issue of the Texas\r\nRegister, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226229", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "B", "label": "CONDUCT OF BINGO" }, "rule": { "number": "§141.205", "label": "Unit Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226230", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. The following term, when used in this section, shall have the following meaning: Unit Agreement--A unit accounting agreement or a trust agreement forming a unit.(b) A trust agreement forming a unit must contain all required elements of a unit accounting agreement as specified under §2001.431(3) of the Act.(c) Prior to operating as a unit, the unit must submit to the Commission a Texas Notice of Unit Accounting form and a copy of the executed unit agreement.(d) Organizations may not act as a unit until all member organizations are licensed.(e) A designated agent or unit manager must submit a Texas Notice of Change for Accounting Unit form and an amended unit agreement to the Commission seven calendar days prior to the date of a change in unit management.(f) A unit may appoint a designated agent who must be a natural person.(1) A designated agent for a unit must be current in the training required under §2001.107 of the Act and §402.103 of this title (relating to Training Program).(2) A bookkeeper may be a business contact for a commercial lessor and a designated agent for an accounting unit provided that the bookkeeper is not an employee of the commercial lessor.(g) The original unit or trust agreement must contain the following information:(1) the unit member's taxpayer name which is the name on the organization's organizing instrument or the name of the organization as stated on its license to conduct bingo;(2) the eleven-digit taxpayer number on file with the Commission;(3) the designated agent information;(4) the trustee organization if a trust agreement;(5) whether inventory was transferred to the unit;(6) the street address where the records of a dissolved unit will be maintained for the required four year retention period unless the unit agreement specifies that each unit member will receive a copy of the unit records;(7) the method by which net proceeds and charitable purpose disbursements will be apportioned among the members;(8) the length of time allowed for the distribution of funds, records, and inventory and allocation of authorized expenses and liabilities on dissolution or withdrawal of a member of the unit;(9) the method of determining the amount of payment for inventory or disposition of inventory for dissolution or withdrawal of a member of the unit; and(10) a unit agreement must be signed by the unit member organization's bingo chairperson or other officer or director.(h) An organization joining a unit and possessing inventory must provide to the Commission a complete list of the inventory it has transferred to the unit within thirty (30) calendar days of joining the unit. It is the responsibility of the organization to ensure that the Commission timely received the inventory list.(i) A written inventory of bingo equipment and supplies must include the following:Attached Graphic(j) Amendment to a unit agreement must contain:(1) name of the unit;(2) effective date of the change;(3) specific section of the unit agreement being changed;(4) new terms of the agreement which are in compliance with the Act and the Rules;(5) signature of the bingo chairperson or other officer or director for each of the current unit members; and(6) statement which binds the amendment to the original unit agreement creating one document unless the entire unit agreement is re-stated.(k) A unit must submit an amended unit agreement within thirty (30) calendar days of the effective date of any change to the Act or the Rules which would affect the agreement's compliance with the new Act or Rules.(l) If a unit agreement or an amendment to a unit agreement is found not to be in compliance with the Act or the Rules, the unit will have thirty (30) calendar days after being notified by the Commission to provide a revised compliant unit agreement or compliant amendment to a unit agreement.(m) At the time when only one unit member remains in the unit, the designated agent will dissolve the unit within thirty (30) calendar days or the Commission will dissolve the unit.", "sourceNote": "Source Note: The provisions of this §141.205 adopted to\r\nbe effective November 19, 2008, 33 TexReg 9223; amended to be effective\r\nApril 24, 2011, 36 TexReg 2386; amended to be effective September\r\n13, 2012, 37 TexReg 7094; amended to be effective August 1, 2016,\r\n41 TexReg 5505; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226230", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "B", "label": "CONDUCT OF BINGO" }, "rule": { "number": "§141.210", "label": "House Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226231", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) House rules are rules adopted by the licensed authorized organization that have been developed by its officers to inform players in detail of how the organization will conduct its bingo games.(b) The licensed authorized organization shall develop house rules.(c) The licensed authorized organization shall adhere to its house rules.(d) The operator on duty is responsible for ensuring house rules are consistently applied.(e) The house rules must be posted at a location within the bingo premises that is easily accessible to all patrons and made available to anyone upon request.(f) House rules shall not conflict with the Bingo Enabling Act or the Charitable Bingo Administrative Rules.(g) House rules shall prohibit any person from offering to sell bingo products, or offering to award bingo prizes to persons outside of the licensed location during an occasion via cell phone, laptop computer, electronic tablet, or other telecommunications device.", "sourceNote": "Source Note: The provisions of this §141.210 adopted to\r\nbe effective May 20, 2008, 33 TexReg 3937; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective February 27,\r\n2025, 50 TexReg 986; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226231", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "B", "label": "CONDUCT OF BINGO" }, "rule": { "number": "§141.211", "label": "Other Games of Chance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226232", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Game of chance--A game or contest that awards a prize and whose outcome is determined, at least in part, by the element of chance or luck.(2) Local law authority--The district attorney's office or county attorney's office within a particular jurisdiction, or a court of competent jurisdiction.(b) Except as otherwise provided in subsection (c) of this section, a person may not conduct or allow a game of chance at a bingo premises during a bingo occasion at the premises.(c) Notwithstanding subsection (b) of this section, the following games of chance may be conducted or allowed during a bingo occasion:(1) charitable bingo conducted under Chapter 2001 of the Occupations Code;(2) door prize game conducted under §2001.420(c) of the Occupations Code;(3) charitable raffle conducted under Chapter 2002 of the Occupations Code; and(4) amusement machines that are not gambling devices as defined in §47.01 of the Penal Code.(d) The Charitable Bingo Operations Division will rely on a local law authority in the relevant jurisdiction to determine whether any particular device, including a device commonly referred to as a sweepstakes machine, is a gambling device before the Division pursues a violation of subsection (c)(4) of this section. Under this subsection, local law authority determinations may include a final criminal disposition, charging instrument (such as an indictment), or other document filed with or issued by a court of competent jurisdiction indicating that the devices at issue qualify as gambling devices.(e) The Commission may notify the district attorney's office or county attorney's office within a particular jurisdiction of the existence of any devices in their jurisdiction to which subsection (d) of this section may apply.(f) A game of chance, other than bingo conducted under Chapter 2001 of the Occupations Code, a charitable raffle conducted under Chapter 2002 of the Occupations Code and a door prize game conducted under §2001.420(c) of the Occupations Code, may not award bingo equipment, as defined in §2001.002(5) of the Occupations Code, or entry into a bingo game as a prize.(g) A licensed authorized organization must adequately document in the bingo occasion records all bingo equipment or entries into a bingo game awarded as prizes for a bingo game, charitable raffle, or door prize game under subsection (f) of this section.", "sourceNote": "Source Note: The provisions of this §141.211 adopted to\r\nbe effective May 7, 2014, 39 TexReg 3588; transferred effective October\r\n1, 2025, as published in the September 26, 2025, issue of the Texas\r\nRegister, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226232", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "B", "label": "CONDUCT OF BINGO" }, "rule": { "number": "§141.212", "label": "Promotional Bingo" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226233", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Newspaper--a printed periodical that is distributed at daily, weekly, bi-weekly or monthly intervals that contains news, articles of opinion, features, and advertising.(2) Radio station--a licensed transmission station whose programming is broadcast over AM or FM waves or is transmitted by cable or satellite systems and can be listened to via a radio or a home computer.(3) Television station--a licensed transmission station whose programming is broadcast over HF, VHF waves or is transmitted via a cable or satellite system and is viewable by television or a home computer.(4) Advertising agency--a commercial operation involved with the design and sale of various advertisements and promotional concepts including promotional bingo to attract the public's attention on the behalf of another business.(b) Restrictions.(1) A player of a promotional bingo game cannot be required to provide personal information beyond name and contact information, money, goods, or services in order to receive playing materials or to participate in any facet of the game.(2) A player of a promotional bingo game cannot be required to incur conditions or obligations such as requiring a purchase, providing an interview, attending a sales seminar, or posing for a photograph in order to receive playing materials or to participate in any facet of the game.(3) A person whose identification is required to be disclosed on a Texas bingo license record may not:(A) be involved in the conduct of a promotional bingo game;(B) have any ownership, serve on the board of directors, or have any role in the sales, marketing, or advertising of the business conducting the promotional game;(C) have any ownership or serve on the board of directors of the advertising agency hired by the business conducting the promotional game or serve in any role for the advertising agency related to the sales, marketing, or advertising for the business conducting the promotional game; and(D) have any ownership or serve on the board of directors of the newspaper, radio or television station assisting the business conducting the promotional game or serve in any role for the newspaper, radio, or television station related to the sales, marketing, or advertising for the business conducting the promotional game or the advertising agency.(c) Notification.(1) A business wishing to conduct promotional bingo must provide to the Commission 30 days prior to the start of the game:(A) notification on a completed, prescribed form;(B) copy of the rules for the game; and(C) copy of the bingo card to be used or an example of the bingo card to be used and the licensed manufacturer's name, if applicable.(2) The commission will issue a Recognition of Exemption Notice for Promotional Bingo Games letter to the business filing a notice that complies with the requirements of this section.(d) Record Keeping. Records of the transactions connected with the game must be maintained for a period of 4 years from the conclusion of the authorized promotional bingo game.", "sourceNote": "Source Note: The provisions of this §141.212 adopted to\r\nbe effective March 9, 2010, 35 TexReg 1998; amended to be effective\r\nFebruary 27, 2025, 50 TexReg 986; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226233", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.300", "label": "Pull-Tab Bingo Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226234", "queryAsDate": "03/11/2026" }, "ruleBody": "Definitions. The following words and terms, shall have the following meanings, unless the context clearly indicates otherwise:(1) Bingo Ball Draw--A pulling of a bingo ball(s) to determine the winner of an event ticket by either the number or color on the ball(s).(2) Deal--A separate and specific game of pull-tab bingo tickets of the same serial number and form number.(3) Face--The side of a pull-tab bingo ticket, which displays the artwork of a specific game.(4) Flare--A poster or placard that must display:(A) a form number of a specific pull-tab bingo game;(B) the name of the pull-tab bingo game;(C) the total card count of the pull-tab bingo game;(D) the cost per pull-tab bingo ticket;(E) the number of prizes to be awarded and the corresponding prize amounts of the pull-tab bingo game; and(F) the name of the manufacturer or trademark.(5) Form Number--The unique identification number assigned by the manufacturer to a specific pull-tab bingo game. A form number may be numeric, alpha, or a combination of numeric and alpha characters.(6) High Tier--The two highest paying prize amounts as designated on the pull-tab bingo ticket and on the game's flare.(7) Last Sale--The purchaser of the last pull-tab bingo ticket(s) sold in a deal with this feature is awarded a prize or a registration for the opportunity to win a prize.(8) Merchandise--Any non-cash item(s), including bingo equipment, provided to a licensed authorized organization that is used as a prize.(9) Pay-Out--The total sum of all possible prize amounts in a pull-tab bingo game.(10) Payout Schedule--A printed schedule prepared by the manufacturer that displays:(A) the name of the pull-tab bingo game;(B) the form number of the pull-tab bingo game;(C) the total card count of the pull-tab bingo game;(D) the cost per pull-tab bingo ticket;(E) the number of prizes to be awarded and the corresponding prize amount or jackpot for each category of the pull-tab bingo game;(F) the number of winners for each category of prize;(G) the profit of the pull-tab bingo game;(H) the percentage of payout or the percentage of profit of the pull-tab bingo game; and(I) the payout(s) of the pull-tab bingo game.(11) Payout Structure--The printed information that appears on a pull-tab bingo ticket that shows the winnable prize amounts, the winning patterns required to win a prize, and the number of winners for each category of prize.(12) Prize--An award of collectible items, merchandise, cash, bonus pull-tabs, and additional pull-tab bingo tickets, individually or in any combination.(13) Prize Amount--The value of cash and/or merchandise which is awarded as a prize, as valued under §402.200(f) of this chapter. A collectable item is considered merchandise for determining allowable prize amounts.(14) Serial Number--The unique identification number assigned by the manufacturer identifying a specific deal of pull-tab bingo tickets. A serial number may be numeric, alpha, or a combination of numeric and alpha characters.(15) Subset--A part of a deal that is played as a game to itself or combined with more subsets and played as a game. Each subset may be designed to have:(A) a designated payout; or(B) a series of designated payouts. Subsets must be of the same form and serial number to have a combined designated payout or a series of designated payouts.(16) Symbol--A graphic representation of an object other than a numeric or alpha character.(17) Video Confirmation--A graphic and dynamic representation of the outcome of a bingo event ticket that will have no effect on the result of the winning or losing event ticket.(18) Wheels--Devices that determine event ticket winner(s) by a spin of a wheel.(19) Consecutive bingo occasions within one day--More than one bingo occasion conducted by an organization or organizations in the same unit within a 24-hour period without any intervening occasions conducted by another organization or organization from a different unit, commencing at the start of the first occasion.", "sourceNote": "Source Note: The provisions of this §141.300 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nJuly 17, 2007, 32 TexReg 4388; amended to be effective August 1, 2016,\r\n41 TexReg 5505; amended to be effective July 12, 2018, 43 TexReg 4552;\r\namended to be effective January 2, 2020, 44 TexReg 8292; amended to\r\nbe effective October 22, 2020, 45 TexReg 7414; amended to be effective\r\nFebruary 27, 2025, 50 TexReg 986; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226234", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.301", "label": "Approval of Pull-Tab Bingo Tickets" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226235", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Approval of Pull-Tab Bingo Tickets.(1) A pull-tab bingo ticket may not be sold in the state of Texas, nor furnished to any person in this state nor used for play in this state until that pull-tab bingo ticket has received approval for use within the state of Texas by the Commission. The manufacturer at its own expense must present its pull-tab bingo ticket to the Commission for approval.(2) All pull-tab bingo ticket color artwork with a letter of introduction including style of play must be presented to the Commission's Austin, Texas location for review. The manufacturer must submit one complete color positive or hardcopy set of the color artwork for each pull-tab bingo ticket and its accompanying flare. The color artwork may be submitted in an electronic format prescribed by the Commission in lieu of the hardcopy submission. The submission must include the payout schedule. The submission must show both sides of a pull-tab bingo ticket and must be submitted on an 8 1/2\" x 11\" size sheet. The color artwork will show the actual size of the ticket and a 200% size of the ticket. The color artwork will clearly identify all winning and non-winning symbols. The color artwork will clearly identify the winnable patterns and combinations.(3) The color artwork for each individual pull-tab bingo ticket must:(A) display in no less than 26-point diameter circle, an impression of the Commission's seal with the words \"Texas Lottery Commission\" engraved around the margin and a five-pointed star in the center;(B) contain the name of the game in a conspicuous location on the pull-tab bingo ticket;(C) contain the form number assigned by the manufacturer in a conspicuous location on the pull-tab bingo ticket;(D) contain the manufacturer's name or trademark in a conspicuous location on the pull-tab bingo ticket;(E) disclose the prize amount and number of winners for each prize amount, the number of individual pull-tab bingo tickets contained in the deal, and the cost per pull-tab bingo ticket in a conspicuous location on the pull-tab bingo ticket;(F) display the serial number where it will be printed in a conspicuous location on the pull-tab bingo ticket. The color artwork may display the word \"sample\" or number \"000000\" in lieu of the serial number;(G) contain graphic symbols that preserve the integrity of the Commission. The Commission will not approve any pull-tab bingo ticket that displays images or text that could be interpreted as depicting violent acts, profane language, or provocative, explicit, or derogatory images or text, as determined by the Commission. All images or text are subject to final approval by the Commission; and(H) be accompanied with the color artwork of the pull-tab bingo tickets along with a list of all other colors that will be printed with the game.(4) Upon approval of the color artwork, the manufacturer may be notified by the Commission to submit a specified number of tickets for testing. The tickets must be submitted for testing to the Commission at the manufacturer's own expense. If necessary, the Commission may request that additional tickets or a deal be submitted for testing.(5) If the color artwork is approved and the pull-tab bingo tickets pass the Commission's testing, the manufacturer will be notified of the approval. This approval only extends to the specific pull-tab bingo game and the specific form number cited in the Commission's approval letter. If the pull-tab bingo ticket is modified in any way, with the exception of the serial number, index color, or trademark(s), it must be resubmitted to the Commission for approval. Changes to symbols require only an artwork approval from the Commission.(6) The Commission may require resubmission of an approved pull-tab bingo ticket at any time.(b) Disapproval of Pull-Tab Bingo Tickets.(1) Upon inspection of a pull-tab bingo ticket by the Commission, if it is deemed not to properly preserve the integrity or security of the Commission including compliance with the art work requirements of this rule, the Commission may disapprove a pull-tab bingo ticket. All pull-tab bingo tickets that are disapproved by the Commission will cease to be allowed for sale until such time as the manufacturer complies with the written instructions of the Commission, or until any discrepancies are resolved. Disapproval of and prohibition to use, purchase, sell or otherwise distribute such a pull-tab bingo ticket is effective immediately upon notice to the manufacturer by the Commission. Upon receipt of such notice, the manufacturer must immediately notify the distributor and the distributor must immediately notify affected licensed authorized organizations to cease all use, purchase, sale or other distribution of the disapproved pull-tab ticket. The distributor must provide to the Commission, within 15 days of the Commission's notice to the manufacturer, confirmation that the distributor has notified the licensed authorized organization that the pull-tab ticket has been disapproved and sale and use of the disapproved ticket must cease immediately.(2) If modified by the manufacturer all disapproved pull-tab bingo tickets may be resubmitted to the Commission. No sale of disapproved tickets will be allowed until the resubmitted tickets have passed security testing by the Commission. At any time the manufacturer may withdraw any disapproved pull-tab bingo tickets from further consideration. (3) The Commission may disapprove a pull-tab bingo game at any stage of review, which includes artwork review and security testing, or at any time in the duration of a pull-tab bingo game. The disapproval of a pull-tab bingo ticket is administratively final.", "sourceNote": "Source Note: The provisions of this §141.301 adopted\r\nto be effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226235", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.302", "label": "Pull-Tab Bingo Manufacturing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226236", "queryAsDate": "03/11/2026" }, "ruleBody": "Manufacturing Requirements. (1) Manufacturers of pull-tab bingo tickets must manufacture, assemble, and package each deal in such a manner that none of the winning pull-tab bingo tickets, nor the location, or approximate location of any winning pull-tab bingo ticket can be determined in advance of opening the deal by any means or device. Nor should the winning pull-tab bingo tickets, or the location or approximate location of any winning pull-tab bingo ticket be determined in advance of opening the deal by manufacture, printing, color variations, assembly, packaging markings, or by use of a light. Each manufacturer is subject to inspection by the Commission, its authorized representative, or designee.(2) All winning pull-tab bingo tickets as identified on the payout schedule must be randomly distributed and mixed among all other pull-tab bingo tickets of the same serial number in a deal regardless of the number of packages, boxes, or other containers in which the deal is packaged. The position of any winning pull-tab bingo ticket of the same serial numbers must not demonstrate a pattern within the deal or within a portion of the deal. If a deal of pull-tabs is packed in more than one box or container, no individual container may indicate that it includes a winner or contains a disproportionate share of winning or losing tickets.(3) Each deal's package, box, or other container shall be sealed at the manufacturer's factory with a seal including a warning to the purchaser that the deal may have been tampered with if the package, box, or other container was received by the purchaser with the seal broken.(4) Each deal's serial number shall be clearly and legibly placed on the outside of the deal's package, box or other container or be able to be viewed from the outside of the package, box or container.(5) A flare must accompany each deal.(6) The information contained in subsection (a)(3)(A), (B), (C), (D), and (F) of this section shall be located on the outside of each deal's sealed package, box, or other container.(7) Manufacturers must seal or tape, with tamper resistant seal or tape, every entry point into a package, box or container of pull-tab bingo tickets prior to shipment. The seal or tape must be of such construction as to guarantee that should the container be opened or tampered with, such tampering or opening would be easily discernible.(8) All high tier winning instant pull-tab bingo tickets must utilize a secondary form of winner verification.(9) Each individual pull-tab bingo ticket must be constructed so that, until opened by a player, it is substantially impossible, in the opinion of the Commission, to determine its concealed letter(s), number(s) or symbol(s).(10) No manufacturer may sell or otherwise provide to a distributor and no distributor may sell or otherwise provide to a licensed authorized organization of this state or for use in this state any pull-tab bingo game that does not contain a minimum prize payout of 65% of total receipts if completely sold out.(11) A manufacturer in selling or providing pull-tab bingo tickets to a distributor shall seal or shrink-wrap each package, box, or container of a deal completely in a clear wrapping material.(12) Pull-tab bingo tickets must:(A) be constructed of cardboard and glued or otherwise securely sealed along all four edges of the pull-tab bingo ticket and between the individual perforated break-open tab(s) on the ticket. The glue must be of sufficient strength and type so as to prevent the separation of the sides of a pull-tab bingo ticket;(B) have letters, numbers or symbols that are concealed behind perforated window tab(s), and allow such letters, numbers or symbols to be revealed only after the player has physically removed the perforated window tab(s);(C) prevent the determination of a winning or losing pull-tab bingo ticket by any means other than the physical removal of the perforated window tab(s) by the player;(D) be designed so that the numbers and symbols are a minimum of 2/32 (4/64) inch from the dye-cut window perforations;(E) be designed so that the lines or arrows that identify the winning symbol combinations will be a minimum of 5/32 inch from the open edge farthest from the hinge of the dye-cut window perforations; (F) be designed so that highlighted \"pay-code\" designations that identify the winning symbol combinations will be a minimum of 3.5/32 (7/64) inch from the dye-cut window perforations;(G) be designed so that secondary winner protection codes appear in the left margin of the ticket, unless the secondary winner protection codes are randomly generated serial number-type winner protection codes. Randomly generated serial number-type winner protection codes will be randomly located in either the left or middle column of symbols and will be designed so that the numbers are a minimum of 3.5/32 (7/64) inch from the dye-cut window perforations. Any colored line or bar or background used to highlight the winner protection code will be a minimum 3.5/32 (7/64) inch from the dye-cut window perforations;(H) have the Commission's seal placed on all pull-tab bingo tickets by only a licensed manufacturer; and(I) be designed so that the name of the manufacturer or its distinctive logo, form number and serial number unique to the deal, name of the game, price of the ticket, and the payout structure remain when the letters, numbers, and symbols are revealed.(13) Wheels must be submitted to the Commission for approval. As a part of the approval process, the following requirements must be demonstrated to the satisfaction of the Commission:(A) wheels must be able to spin at least four times with reasonable effort;(B) wheels must only contain the same number or symbols as represented on the event ticket; and(C) locking mechanisms must be installed on wheel(s) to prevent play outside the licensed authorized organization's licensed time(s).(14) A manufacturer must include with each pull-tab bingo ticket deal instructions for how the pull-tab bingo ticket can be played in a manner consistent with the Bingo Enabling Act and this chapter. The instructions are not required to cover every potential method of playing the pull-tab bingo ticket deal.", "sourceNote": "Source Note: The provisions of this §141.302 adopted\r\nto be effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226236", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.303", "label": "Pull-Tab Bingo Sales and Redemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226237", "queryAsDate": "03/11/2026" }, "ruleBody": "Sales and Redemption.(1) Instant pull-tab bingo tickets from a single deal may be sold by a licensed authorized organization over multiple occasions. A licensed authorized organization may bundle pull-tab bingo tickets of different form numbers and may sell those bundled pull-tab tickets. Pull-tab tickets may be sold up to one hour before an occasion, but they may only be redeemed during an occasion.(2) Except as provided by paragraph (3) or (4) of this subsection, the event used to determine the winner(s) of an event pull-tab bingo ticket deal must occur during the same bingo occasion at which the first event pull-tab bingo ticket from that deal was sold. A winning event pull-tab ticket must be presented for payment during the same bingo occasion at which the event occurred.(3) For a licensed authorized organization that conducts bingo through a unit created and operated under Texas Occupations Code, Subchapter I-1, any organization in the unit may sell or redeem event pull-tab tickets from a deal on the premises specified in its bingo license and during such licensed time on consecutive occasions within one 24-hour period.(4) For a licensed authorized organization that conducts bingo on consecutive occasions within one day, the organization or organizations within a unit may sell or redeem event pull-tab tickets from a deal during either occasion and may account for and report all of the pull-tab bingo ticket sales and prizes for the occasions as sales and prizes for the final occasion.(5) Licensed authorized organizations may not display or sell any pull-tab bingo ticket which has in any manner been marked, defaced, tampered with, or which otherwise may deceive the public or affect a person's chances of winning.(6) A licensed authorized organization may not withdraw a deal of instant pull-tab bingo tickets from play until the entire deal is completely sold out or all winning instant pull-tab bingo tickets of $25.00 prize winnings or more have been redeemed, or the bingo occasion ends.(7) A licensed authorized organization may not commingle different serial numbers of the same form number of pull-tab bingo tickets.(8) A winning instant pull-tab bingo ticket must be presented for payment during the licensed authorized organization's bingo occasion(s) at which the instant pull-tab bingo ticket is available for sale.(9) The licensed authorized organization's gross receipts from the sale of pull-tab bingo tickets must be included in the reported total gross receipts for the organization, except that an organization or organizations within a unit that conducts consecutive bingo occasions during one day may account for and report all of the pull-tab bingo ticket sales for the occasions as sales for the final occasion. An organization or unit that chooses to account for pull-tab bingo ticket sales for consecutive bingo occasions during one day as sales for the final occasion must also account for pull-tab bingo ticket prizes awarded over those occasions as prizes awarded for the final occasion. Each deal of pull-tab bingo tickets must be accounted for in sales, prizes or unsold cards.(10) A licensed authorized organization may use video confirmation to display the results of an event ticket pull-tab bingo game(s). Video confirmation will have no effect on the play or results of any ticket or game.(11) A licensed authorized organization must sell the pull-tab ticket for the price printed on the pull-tab ticket.(12) Immediately upon payment of a winning pull-tab ticket of $25.00 or more, the licensed authorized organization must punch a hole with a standard hole punch through or otherwise mark or deface that winning pull-tab bingo ticket.", "sourceNote": "Source Note: The provisions of this §141.303 adopted\r\nto be effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226237", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.304", "label": "Pull-Tab Bingo Record Keeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226238", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Inspection. The Commission, its authorized representative or designee may examine and inspect any individual pull-tab bingo ticket or deal of pull-tab bingo tickets and may pull all remaining pull-tab bingo tickets in an unsold deal.(b) Records.(1) Any licensed authorized organization selling pull-tab bingo tickets must maintain a purchase log showing the date of the purchase, the form number and corresponding serial number of the purchased pull-tab bingo tickets.(2) Licensed authorized organizations must show the sale of pull-tab bingo tickets, prizes that were paid and the form number and serial number of the pull-tab bingo tickets on the occasion cash report, except that an organization or organizations within a unit that conducts consecutive bingo occasions during one day may account for and report all of the pull-tab bingo ticket sales for the occasions as sales for the final occasion. An organization or unit that chooses to account for pull-tab bingo ticket sales for consecutive bingo occasions during one day as sales for the final occasion must also account for pull-tab bingo ticket prizes awarded over those occasions as prizes awarded for the final occasion. The aggregate total sales for the licensed authorized organization must be recorded on the cash register or point of sale station.(3) Licensed authorized organizations must maintain a perpetual inventory of all pull-tab bingo games. They must account for all sold and unsold pull-tab bingo tickets and pull-tab bingo tickets designated for destruction. The licensed authorized organization will be responsible for the gross receipts and prizes associated with the unaccounted for pull-tab bingo tickets.(4) As long as a specific pull-tab bingo game serial number is in play, all records, reports, receipts and redeemed winning pull-tab bingo tickets of $25.00 or more relating to this specific pull-tab bingo game serial number must be retained on the licensed premises for examination by the Commission.(5) If a deal is removed from play and marked for destruction then all redeemed and unsold pull-tab bingo tickets of the deal must be retained by the licensed authorized organization for a period of four years from the date the deal is taken out of play or until the destruction of the deal is witnessed by the Commission, its authorized representative or designee.(6) Manufacturers and distributors must provide the following information on each invoice and other document used in connection with a sale, return, or any type of transfer of pull-tab bingo tickets:(A) date of sale;(B) quantity sold;(C) cost per each deal of pull-tab bingo game sold;(D) form number and serial number of each pull-tab bingo game's deal;(E) name and address of the purchaser; and(F) Texas taxpayer number of the purchaser.(7) All licensed organizations must retain these records for a period of four years.", "sourceNote": "Source Note: The provisions of this §141.304 adopted\r\nto be effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226238", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.305", "label": "Pull-Tab Bingo Styles of Play" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226239", "queryAsDate": "03/11/2026" }, "ruleBody": "The following pull-tab bingo tickets are authorized by this rule. A last sale feature can be utilized on any pull-tab bingo ticket.(1) Sign-up Board. A form of pull-tab bingo that is played with a sign-up board. Sign-up board tickets that contain a winning numeric, alpha or symbol instantly win the stated prize or qualify to advance to the sign-up board. The sign-up board that serves as the game flare is where identified winning sign-up board ticket holders may register for the opportunity to win the prize indicated on the sign-up board.(2) Sign-up Board Ticket. A sign up board ticket is a form of pull-tab bingo played with a sign-up board. A single window or multiple windows sign-up board ticket reveals a winning (or losing) numeric, alpha or symbol that corresponds with the sign-up board.(3) Tip Board. A form of pull-tab game where perforated tickets attached to a placard that have a predetermined winner under a seal.(4) Coin Board. A placard that contains prizes consisting of coin(s). Coin boards can have a sign-up board as part of its placard.(5) Coin Board Ticket. A form of pull-tab bingo that when opened reveals a winning number or symbol that corresponds with the coin board.(6) Event Ticket. A form of pull-tab bingo that utilizes some subsequent action to determine the event ticket winner(s), such as a drawing of ball(s), spinning wheel, opening of a seal on a flare(s) or any other method approved by the Commission so long as that method has designated numbers, letters, or symbols that conform to the randomly selected numbers or symbols. When a flare is used to determine winning tickets, the flare shall have the same form number and serial number as the event tickets. Pull-tab bingo tickets used as event tickets must contain more than two instant winners.(7) Instant Ticket. A form of pull-tab bingo that has pre-determined winners and losers and has immediate recognition of the winners and losers.(8) Multiple Part Event or Multiple Part Instant Ticket. A pull-tab bingo ticket that is broken apart and sold in sections by a licensed authorized organization. Each section of the ticket consists of a separate deal with its own corresponding payout structure, form number, serial number, and winner verification.(9) Jackpot Pull-Tab Game. A style of pull-tab game that has a stated prize and a chance at a jackpot prize(s). A portion of the stated payout is contributed to the jackpot prize(s). Each jackpot is continuous for the same form number and continues until a jackpot prize(s) is awarded; provided that, any jackpot prize(s) must not exceed the statutory limits.(10) Video Confirmation shall be subject to Commission approval.", "sourceNote": "Source Note: The provisions of this §141.305 adopted\r\nto be effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226239", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.306", "label": "Bingo Card/Paper Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226240", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, shall have the following meaning unless the context clearly indicates otherwise:(1) Bingo card/paper. A hard card, disposable bingo card/paper, shutter card, or any other bingo card/paper approved by the Commission.(2) Bingo hard card. A device made of cardboard, plastic or other suitable material that is intended for repeated use of the bingo card at multiple bingo occasions.(3) Bonus number(s). A number or numbers on any type of bingo card/paper which when called could result in an additional prize awarded. Bonus number(s) must be announced prior to the start of a bingo game.(4) Braille bingo card. A device that contains raised symbols that reflect numbers on a reusable card.(5) Break-open bingo. A type of disposable bingo card/paper that is sealed, that conceals the bingo card/paper face, that may be folded, and where the bingo game or a portion of the bingo game may have been pre-called.(6) Case. A receptacle that contains bingo card/paper products.(7) Cut. Indicates the direction in which a sheet of faces will be cut from the master sheet of disposable bingo card/paper. A cut can be square, horizontal or vertical. The sheet of disposable bingo card/paper printed by the manufacturer of a specific group of disposable bingo card/paper that can be subdivided vertically or horizontally into sheets.(8) Defective. Bingo card/paper missing specifications as originally approved by the Commission.(9) Disposable bingo card/paper. A sheet or sheets of paper that is designed or intended for use at a single bingo occasion. (10) Double numbers. Bingo card/paper with two numbers in each of the 24 spaces on each face.(11) Face. A specific configuration of numbers, symbols, or blank squares imprinted on paper, cardboard, or other materials, and designed to be used to conduct bingo games. The bingo card/paper normally consists of five rows of five columns that may bear 24 pre-printed numbers between 1 and 75, symbols, or blank squares, except for the center square which is a free space and have the letters B-I-N-G-O appear in order above the five columns.(12) Free space. The center square on the face of a bingo card/paper.(13) Loteria. A type of bingo that utilizes symbols or pictures. Normally playing cards are utilized instead of numbered balls.(14) Multi-part card/paper. A type of disposable bingo card/paper where the player selects the numbers. The player retains one part of the disposable bingo card/paper while the licensee for the purpose of verification retains the other part of the disposable bingo card/paper.(15) On. The number of faces imprinted on a sheet of disposal bingo card/paper after it is cut. The number of bingo card/paper faces normally precedes this term.(16) Pre-marked. A bingo card/paper where one or more of the numbers are already marked or identified prior to the start of the game.(17) Product line. A specific type of bingo card/paper, identifiable by features or characteristics that are unique when compared to other bingo card/paper manufactured by the manufacturer.(18) Serial number. The unique identification number assigned by the manufacturer to a specific product line of bingo card/paper. (19) Series number. The specific number assigned by the manufacturer that identifies the unique configuration of numbers that appears on an individual bingo card/paper face.(20) Sheet. A single piece of paper that contains one or more disposable bingo card/paper faces.(21) Shutter card. A device made of cardboard or other suitable material with plastic \"shutters\" that cover a number to simulate the number being daubed.(22) UP. The number of sheets of disposable bingo paper glued together by the manufacturer. The number of sheets normally precedes this term.(23) UPS pads. A bound collection of disposable bingo card/paper where each sheet in the collection is used to play a separate bingo game during the occasion.", "sourceNote": "Source Note: The provisions of this §141.306 adopted\r\nto be effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226240", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.307", "label": "Bingo Card/Paper Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226241", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Approval of Bingo Card/Paper.(1) Bingo card/paper shall not be sold in the state of Texas, nor furnished to any person in this state, nor used for play in this state until the manufacturer of the bingo card/paper has received written approval for use within the state of Texas by the Commission. The manufacturer at its own expense must present the bingo card/paper to the Commission for approval.(2) A letter of introduction including the style of play must be presented to Commission headquarters for review. The manufacturer must submit one complete color positive or sample for each type of bingo card/paper. The color positive or sample may be submitted in an electronic format prescribed by the Commission in lieu of the hardcopy submission. The color positive or sample bingo card/paper must:(A) bear on the face of every disposable bingo card/paper used, sold, or furnished in this state an impression of the State of Texas and a star of five points encircled by olive and live oak branches and the words \"Texas Lottery Commission,\" in accordance with detailed specification, available on request from the Commission. The face of each disposable bingo card/paper must also have printed on it in a conspicuous location the name of the manufacturer or trademark, which has been filed with the Commission; and(B) contain the serial and series numbers assigned by the manufacturer on the face of each of the bingo card/paper, except in the case of Break-open bingo, which may contain the serial number assigned by the manufacturer on the outside so as not to be concealed.(3) The bingo card/paper may contain numbers or symbols so long as the numbers or symbols preserve the integrity of the Commission. The Commission will not approve any bingo paper that displays images or text that could be interpreted as depicting violent acts, profane language, or provocative, explicit, or derogatory images or text, as determined by the Commission. All images or text are subject to final approval by the Commission.(4) If the bingo card/paper is approved the manufacturer will be notified of the approval. This approval only extends to the specific bingo card/paper submitted and will be cited in the Commission's approval letter. If the bingo card/paper is modified in any way, with the exception of the color, series number, and/or serial number it must be resubmitted to the Commission for approval.(5) The Commission may require resubmission of an approved bingo card/paper at any time.(6) If an approved bingo card/paper is discontinued or no longer manufactured for sale in Texas, the manufacturer must provide the Commission written notification within ten days of discontinuance or cessation of manufacturing for sale in Texas. The written notification may be sent to the Commission via facsimile, e-mail, delivery services or postal delivery.(b) Disapproval of Bingo Card/Paper.(1) After inspection of the bingo card/paper by the Commission, if the bingo card/paper does not comply with the provisions of this rule and/or the Bingo Enabling Act, the Commission shall disapprove the bingo card/paper and shall notify the manufacturer of the disapproval. Any bingo card/paper that is disapproved by the Commission may not be displayed, purchased or sold in the state of Texas. Disapproval of and prohibition to use, purchase, sell or otherwise distribute, is effective immediately upon notice to the manufacturer by the Commission. (2) A manufacturer shall not sell, or furnish unapproved bingo card/paper to anyone, including another manufacturer or distributor for use in this state. A manufacturer shall not sell, or furnish bingo card/paper not bearing the seal of the Commission on the face of the bingo card/paper and the manufacturer's name or trademark to distributors for use in this state. This requirement also applies to any manufacturer who assembles bingo card/paper for sale in Texas.(3) A licensed authorized organization shall not purchase, obtain, or use disapproved bingo card/paper in this state.(4) If the manufacturer modifies the bingo card/paper that was previously disapproved, the manufacturer may resubmit the modified bingo card/paper for Commission approval. At any time the manufacturer may withdraw any disapproved bingo card/paper from further consideration.(5) The Commission may disapprove the bingo card/paper at any stage of review. The disapproval of the bingo card/paper is administratively final.", "sourceNote": "Source Note: The provisions of this §141.307 adopted\r\nto be effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226241", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.308", "label": "Bingo Card/Paper Manufacturing Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226242", "queryAsDate": "03/11/2026" }, "ruleBody": "Manufacturing Requirements.(1) Bingo card/paper must comply with the following construction standards.(A) The disposable paper used shall be of sufficient weight and quality to allow for clearly readable numbers and to prevent ink from spreading or bleeding through an UPS pad thereby obscuring other numbers or bingo card/paper;(B) series numbers may be displayed in the center square of the bingo card/paper;(C) numbers printed on the bingo card/paper shall be randomly assigned; and(D) a manufacturer shall not repeat a serial number on or in the same product line, series, and color of bingo card/paper within one year of the last printing of that serial number.(2) UPS pad must comply with the following construction standards.(A) Bingo card/paper in UPS pads must only be glued and not stapled; and(B) the disposable bingo card/paper assembled into UPS pads shall not be separated, with the exception of the multi-part disposable bingo card/paper, nor shall single sheets already manufactured be cut for sale for special bingo games.(3) Inspection. The Commission, its authorized representative or designee may examine and inspect any individual bingo card/paper or series of bingo card/paper and may pull all remaining bingo card/paper in the inventory if the Commission, its authorized representative or designee determines that the bingo card/paper is defective or has not been approved.(4) Packaging.(A) Bingo card/paper shall be sealed in shrink wrap and be designed so that if the shrink wrapped bingo card/paper, package, or case was opened or tampered with, it would be easily noticed.(B) Barcodes may be included on each bingo card/paper, package, or case provided the barcode contains information required in subparagraph (C).(C) A label shall be placed on, or be visible from, the exterior of each package or case of bingo card/paper listing the following information:(i) Type of product;(ii) Series number of the UPS pads and/or sheet(s);(iii) Serial numbers of the top sheet of the UPS pads and/or sheet(s);(iv) Number of package or cases; and(v) Cut and color of paper.(D) A packing slip shall be included with the package or case listing the following information:(i) Type of product;(ii) Number of UPS pads or sheets;(iii) Series number of the UPS pads and/or sheet(s);(iv) Serial numbers of the top sheet of the UPS pads and/or sheet(s);(v) Number of package or cases; and(vi) Cut and color of paper.", "sourceNote": "Source Note: The provisions of this §141.308\r\nadopted to be effective February 27, 2025, 50 TexReg 986; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226242", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.309", "label": "Bingo Card/Paper Record Keeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226243", "queryAsDate": "03/11/2026" }, "ruleBody": "Records.(1) Manufacturers and distributors must provide the following information on each invoice and other documents used in connection with a sale, return or any other type of transfer of bingo card/paper:(A) Date of sale;(B) Quantity sold and number of faces per sheet;(C) Serial and series number of each bingo card/paper sold;(D) Name and address of the purchaser; and(E) Texas taxpayer identification number of the purchaser. (2) Manufacturers and distributors must maintain standard accounting records that include but are not limited to:(A) Sales invoice;(B) Credit memos;(C) Sales journal; and(D) Purchase records.(3) Licensed authorized organization.(A) A licensed authorized organization must maintain a disposable bingo card/paper sales summary showing the organization's name, taxpayer number, distributor's taxpayer number, invoice date, distributor's name, invoice number, serial number, and series number. Also, the disposable bingo card/paper sales summary must include the number of faces (ON), number of sheets (UP), and color of borders.(B) A licensed authorized organization must show the date of the occasion on which the disposable bingo card/paper was sold, a beginning inventory, along with the number of disposable bingo card/paper sold.(C) A licensed authorized organization must maintain a perpetual inventory of all disposable bingo card/paper.(D) Disposable bingo card/paper marked for destruction cannot be destroyed until witnessed by the Commission, its authorized representative or designee. All destruction documentation must be retained by the licensed organization for a period of four years from the date of destruction.(4) All records identified in this subsection must be retained for a period of four years from creation of the records.", "sourceNote": "Source Note: The provisions of this §141.309 adopted\r\nto be effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226243", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.310", "label": "Bingo Card/Paper Styles of Play" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Braille Cards. Braille cards are bingo equipment as defined by Occupations Code, §2001.002(5) and must be approved by the Commission. Players may not use their own personal braille cards. (b) Loteria. The symbols or pictures may be identified with Spanish subtitles and each of the 54 cards contains a separate and distinct symbol or picture. The 54 individual cards may be shuffled by the caller and then randomly drawn and announced to the players. The player uses a loteria card, which contains a minimum of sixteen squares and each square has one of the 54 symbols or pictures. There are no duplicate symbols or pictures on the loteria card. Loteria cards are bingo equipment as defined by Occupations Code, §2001.002(5) and must be approved by the Commission. (c) Style of Play and Minimum Standards of Play. Prizes awarded on any style of play must be in accordance with Occupations Code, §2001.420.(1) Player pick ems. A game of bingo where a player selects his/her own numbers on a multi-part duplicated disposable bingo card/paper. One copy is retained by the player and used as a bingo card/paper while the other copy is provided to the organization for verification purposes.(2) Progressive bingo. A game of bingo that either the established prize amount or number of bingo balls and/or objects may be increased from one session to the next scheduled session. If no player completes the required pattern within the specified number of bingo balls or objects drawn, the established prize amount may be increased but shall not exceed the prize amount authorized by the Bingo Enabling Act.(3) Warm-up or early bird. A bingo game conducted at the beginning of a bingo occasion during the authorized organization's license times, in which prizes are awarded based upon a percentage of the sum of money received from the sale of the warm-up/early bird bingo card/paper.(4) Shaded/Images bingo. Bingo card/paper that incorporates images where one or more squares on a bingo card/paper face are shaded. Each shaded image conforms to a pattern that must be achieved to win a bingo game or each shaded square may be used as a free space or a pattern for a bingo game.(5) Bingo bonus number(s). A bingo game that has additional identified number(s) in excess of the 24 numbers that appear on the bingo card/paper face that, when called, could result in an additional prize awarded. The first player who matches the numbers shown on the bonus number(s) line within the specified number(s) called wins the additional prize.(6) Multi level or multi tier. Bingo card/paper that has one or more additional lines of number(s) aside from the normal five lines that when played could result in an additional prize. Therefore, a multi level or multi tiered game could be played on this bingo card/paper that provides more opportunities to win.(7) Multi color bingo. A bingo game played on a bingo card/paper with a different color for each bingo card/paper face. Prizes are awarded based on the color on which the bingo card/paper face that had the bingo.(8) Pre-called. A game of bingo where the numbers for the game have been pre-called and identified prior to the start of the game.(9) Double number. A bingo game played on a bingo card/paper that has two numbers per square. A player has two chances to daub each square.(10) Break-open bingo. A type of bingo game played on sealed disposable bingo card/paper, where the bingo card/paper face is concealed, that may be folded, and where the bingo game has been pre-called. The bingo game may be pre-called prior to the authorized organization's license time.(11) Regular bingo. A bingo game played on the standard card face of five rows by five columns with 24 pre-printed numbers between 1 and 75, symbols, or blank squares and a free space square where the winner is determined by a predetermined pattern.(d) Promotional Bingo. This rule shall not apply to bingo card/paper furnished for use in a promotional bingo game conducted in accordance the Occupations Code, §2001.551. The card/paper may not contain the Commission seal.(e) Exempt Organization. This rule shall not apply to bingo card/paper furnished for use by an organization receiving an exemption from bingo licensing in accordance with the Occupations Code, §§2001.551(b)(3)(A) and (B). The bingo card/paper may not contain the Commission seal.(f) House Rules. A licensed authorized organization playing a style of bingo other than regular bingo must develop house rules on how the game is played. The house rules must be made available to the public.(g) Card-Minding Devices. This rule shall be applicable only to bingo card/paper made of paper, cardboard or similar material approved by the Commission and shall not be applicable to the manufacture or use of card-minding devices addressed in §§402.321 - 402.328 of this chapter, with the exception of style of play as defined by this rule and approved by the Commission.", "sourceNote": "Source Note: The provisions of this §141.310 adopted to\r\nbe effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226244", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.311", "label": "Pull-Tab or Instant Bingo Dispensers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226245", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Approval of Pull-Tab or Instant Bingo Dispensers.(1) No pull-tab or instant bingo dispenser may be sold, leased, or otherwise furnished to any person in this state or used in the conduct of bingo for public play unless and until a dispenser which is identical to the dispenser intended to be sold, leased, or otherwise furnished has first been presented to the Commission by its manufacturer, at the manufacturer's expense, and has been approved by the Commission for use within the state.(2) An identical dispenser to the dispenser intended to be sold, leased, or otherwise furnished must be presented to the Commission in Austin, Texas for review. If granted, approval extends only to the specific dispenser model approved. Any modification must be approved by the Commission.(3) Once a dispenser has been approved, the Commission may keep the dispenser for further testing and evaluation for as long as the Commission deems necessary.(b) Manufacturing Requirements.(1) Manufacturers of pull-tab or instant bingo dispensers must manufacture each dispenser in such a manner to ensure that the dispenser dispenses a break-open bingo ticket, an instant bingo ticket, a pull-tab bingo game or instant bingo card only after the player inserts money into the dispenser, and that such ticket, game or card is the sole thing of value which may be redeemed for cash.(2) Manufacturers of dispensers must manufacture each dispenser in such a manner to ensure that the device neither displays nor has the capability to determine whether a break-open bingo ticket, an instant bingo ticket, or a pull-tab bingo game is a winning or non-winning ticket.(3) Manufacturers of dispensers must manufacture each dispenser in such a manner that any visual animation does not simulate or display rolling or spinning reels.(4) Manufacturers of dispensers must manufacture each dispenser in such a manner that any stacking column is adjustable for varying lengths of break-open bingo tickets, instant bingo tickets, or pull-tab bingo games. As an option, a dispenser may use replaceable stacking columns that accommodate varying lengths of break-open bingo tickets, instant bingo tickets, or pull-tab bingo games. The dispenser must be adjustable for varying thicknesses of break-open tickets, instant bingo tickets, or pull-tab bingo games.(5) If the Commission detects or discovers any problem with the dispenser that affects the security and/or integrity of the break-open bingo ticket, an instant bingo ticket, or a pull-tab bingo game or dispenser, the Commission may direct the manufacturer, distributor, or conductor to cease the sale, lease, or use of the dispenser, as applicable. The Commission may require the manufacturer to correct the defect, malfunction, or problem or recall the dispenser immediately upon notification by the Commission to the manufacturer. If the manufacturer, distributor, or conductor detects or discovers any defect, malfunction, or problem with the dispenser, the manufacturer, distributor, or conductor, as applicable, shall immediately remove the dispenser from use or play and immediately notify the Commission of such action.(c) Conductor Requirements.(1) A conductor who has purchased or leased a dispenser may not allow another conductor to use such dispenser unless and until the former conductor has removed its break-open bingo tickets, instant bingo tickets, pull-tab bingo games and instant bingo cards from the dispenser.(2) Each conductor who uses a dispenser at its bingo occasion shall affix to the dispenser an identification label which displays the conductor's name and Texas taxpayer identification number.(3) The keys to open the locked doors to the dispenser's ticket dispensing area and coin and/or cash box must be in the possession and control of the operator in charge of the occasion, or someone designated by the operator. The operator in charge or the person designated shall present the keys to a Commission representative immediately upon request. The operator in charge shall be responsible for ensuring that the person so designated shall have the keys available at all times during the occasion.(4) All break-open bingo tickets, instant bingo tickets, pull-tab bingo games or instant bingo cards in any one column or sleeve must have the same serial number, color description, and must be of the same kind and type.(d) Inspection. The Commission or the Commission's authorized representative(s) may examine and inspect any individual pull-tab or instant bingo dispenser. Such examination and inspection includes immediate access to the dispenser and unlimited inspection of all parts of the dispenser.(e) Records.(1) All records, reports, and receipts relating to the pull-tab or instant bingo dispenser sales, maintenance, and repairs must be retained by the conductor on the premises where the conductor is licensed to conduct bingo or at a location designated in writing by the conductor for a period of four years for examination by the Commission. Any change in the designated location must be submitted to the Commission in writing at least ten days prior to the change.(2) Manufacturers and distributors must provide and maintain for a period of four years the following information on each invoice or other document used in connection with a sale or lease, as applicable:(A) date of sale or lease;(B) quantity sold or leased;(C) cost per dispenser;(D) model and serial number of each dispenser;(E) name and address of the purchaser or lessee; and(F) Texas taxpayer identification number of the purchaser or lessee.(f) Restrictions. No licensee may display, use or otherwise furnish a dispenser which has in any manner been marked, defaced, tampered with, or which otherwise may deceive the public or affect a person's chances of winning.", "sourceNote": "Source Note: The provisions of this §141.311 adopted to\r\nbe effective February 27, 2025, 50 TexReg 986; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226245", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.321", "label": "Card-Minding Systems--Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226246", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Account Number--The unique identification number, if any, assigned by a card-minding system's point of sale to a transaction during a purchase and used by a customer to log on to a card-minding device in order to play bingo.(2) Card-Minding System--An electronic or computerized device and related hardware and software, that is interfaced with, or connected to, equipment used to conduct a game of bingo. A card-minding system consists of the following two parts:(A) Card-Minding Device--A device used by a player to monitor bingo cards played at a licensed authorized organization's bingo occasion and which:(i) provides a means for the player to input or monitor called bingo numbers;(ii) compares the numbers entered or received against the numbers on the bingo cards stored in the memory of the device or loaded or otherwise enabled for play on the device; and(iii) identifies any winning bingo pattern(s) and prize levels.(B) Site System--Computer hardware, software, and peripheral equipment, that is located at the bingo premises, is controlled by the licensed authorized organization conducting bingo, and interfaces with, connects with, controls, or defines the operational parameters of card-minding devices. Site Systems must include, but are not limited to, the following components: point of sale station, a caller station verifier, printers, remote access capability, proprietary executable software, report generation software and an accounting system and database.(3) Card number range--The range of unique numbers that are on the card faces that are actually sold to a given player for use in a single card-minding device. (Example: Device #1 is given card number range 2056-2080, and Device #2 is given card number range 2081-2105.)(4) Checksum--A value of fixed-size computed from a block of digital data for the purpose of detecting changes or modifications. Also referred to as a digital signature or hash sum.(5) Connected--Communication between the card-minding device and the site system by wired or wireless means during an active bingo occasion.(6) Customer Account--An account established by a customer and tracked with the use of a unique personal identification or account number or a customer card issued by a licensed authorized organization and used at a point of sale station or on a card-minding system. The customer may access their own Customer Account to track:(A) the deposit of funds; and(B) the purchase of bingo cards for play on a card-minding device.(7) Device ID number--The unique identification number assigned by a manufacturer to a specific card-minding device.(8) Device played--A card-minding device utilized within a bingo occasion which had cards enabled or loaded and played.(9) End of occasion log--Information stored in the site system database at the end of each bingo occasion containing pertinent sales, voids, game, and system accounting information to include the following:(A) licensed authorized organization's name;(B) licensed authorized organization's license number;(C) bingo occasion site (location);(D) sequential listings of transactions or receipt numbers, including voided transactions;(E) date and time of the bingo occasion and occasion number, if applicable;(F) total quantity of card-minding devices loaded;(G) the device ID number of each card-minding device loaded;(H) total dollar value of sales of card-minding devices;(I) total quantity of voided transactions to include the dollar amount;(J) total quantity of reloaded bingo cards;(K) card numbers or card number range of card faces used with each card-minding device;(L) total dollar value of disposable cards sold;(M) total dollar value of pull-tab bingo sold;(N) total dollar value of regular bingo prizes awarded;(O) total dollar value of pull-tab bingo prizes awarded;(P) total dollar value of prize fees collected;(Q) listing of the balls called, in the order called, for each game; and(R) listing of all card face numbers verified for each game, both the non-winning and the winning card face numbers.(10) Independent testing facility--A laboratory approved by the Commission that is demonstrably competent and qualified to test card-minding systems scientifically and evaluate them for compliance with statutes and regulations. An independent testing laboratory shall maintain the current applicable standards of the International Organization of Standardization as an accredited laboratory in the field of information technology testing. An independent testing laboratory shall not be owned or controlled by a licensed authorized organization, the state, or any manufacturer, distributor or operator of card-minding systems.(11) Mobile Point-of-Sale Station--Mobile device that allows a licensed authorized organization to conduct customer sales transactions anywhere within the bingo premises and is a component of the site system.(12) Model number--A number designated by the manufacturer that indicates the unique structural design of a card-minding device or site system.(13) Occasion Report--A report generated by the site system at the end of each bingo occasion containing pertinent sales, voids, game and system accounting to include the following information:(A) licensed authorized organization's name;(B) licensed authorized organization's license number;(C) bingo occasion site (location);(D) total dollar value of sales of card-minding devices;(E) total dollar value of voided transactions;(F) total dollar value of sales of disposable cards;(G) total dollar value of sales of pull-tab bingo;(H) total dollar value of regular bingo prizes awarded;(I) total dollar value of pull-tab bingo prizes awarded; and(J) total dollar value of prize fees collected.(14) Occasion Summary Report--A report generated by the site system for any specified period which contains the following information:(A) licensed authorized organization's name;(B) licensed authorized organization's taxpayer number;(C) bingo occasion site (location);(D) total number of bingo occasions;(E) total dollar value of sales of card-minding devices;(F) total dollar value of voided transactions;(G) total dollar value of sales of disposable cards;(H) total dollar value of sales of pull-tab bingo;(I) total dollar value of regular bingo prizes awarded;(J) total dollar value of pull-tab bingo prizes awarded; and(K) total dollar value of prize fees collected.(15) Package number--A number identifying the complete package of bingo cards purchased for a card-minding device.(16) Proprietary software--Custom computer software developed by a licensed manufacturer that is the primary component of a card-minding system and is required for a card-minding device to be used in a game of bingo.(17) Secondary component--Additional software or hardware components provided by the manufacturer, that are part of, or are connected to, a card-minding system and that do not affect the conduct of the bingo game. Secondary components may include computer screen backgrounds, battery charge-up software routines, printers, printer software drivers, and charging racks.(18) Software modifications--Alterations to proprietary software.(19) Transaction log--A site system report containing a record of transaction information in detail.(20) Version number--A unique number designated by the manufacturer to signify a specific version of software used on or by the card-minding system.", "sourceNote": "Source Note: The provisions of this §141.321 adopted\r\nto be effective July 1, 2012, 37 TexReg 4900; amended to be effective\r\nSeptember 1, 2014, 39 TexReg 6834; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226246", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.322", "label": "Card-Minding Systems--Site System Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226247", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The site system must be designed so that the Commission may remotely verify the operation, compliance and internal accounting systems of the site system at any time. The manufacturer shall provide to the Commission all current protocols, usernames, passwords, and any other required information needed to access the system. Any and all reports maintained or available for generation by the card-minding system shall be capable of being downloaded or otherwise accessed via the remote connection.(b) The site system's internal accounting system must be capable of recording the licensed authorized organization's sale of card-minding devices, disposable bingo cards, pull-tab bingo tickets, regular bingo prizes awarded, pull-tab bingo prizes awarded and prize fee collected.(c) The site system must be able to verify winning cards and print the cards for posting. For verification purposes, the site system must be capable of storing and printing an ordered list of all balls called for each regular bingo and pull-tab bingo event game.(d) The site system must be capable of storing:(1) all transactions affecting a card-minding device;(2) the device ID number for each transaction affecting the card-minding device; and(3) the date, time, quantity of electronic bingo cards affected, price per card or package, package number, and transaction number for each of the following transactions:(A) loading of cards; and(B) voiding of cards.(e) The site system may allow the same electronic bingo cards originally sold and loaded on a card-minding device (device #3, for example) to be reloaded on the same device, provided the transaction is recorded as a reload.(f) The site system shall not allow the exact duplication of cards on two different card-minding devices. However, the site system may allow electronic bingo cards originally sold on one card-minding device (device #4, for example) to be reloaded on a different card-minding device (such as device #10), provided that the original device (#4) was removed from play and the site system recorded the transaction as a reload.(g) The site system must not engage in any type of sale, void, or reload transaction for a card-minding device unless a functioning card-minding device or a programmable memory device that inserts into a card-minding device is connected with the site system.(h) For voided transactions, the site system shall ensure all electronic bingo cards are erased or deactivated.(i) Upon completion of each transaction, the site system must not allow any transactional information including date, time, quantity of electronic bingo cards, price per card or package, package number, or other source information to be changed within the accounting system or database.(j) The site system must identify duplicate device ID numbers.(k) The site system must recognize the device ID number and store that number on the transaction log for each and every transaction that directly affects that card-minding device.(l) The site system must have a database backup and recovery system to prevent loss of transactional information in the event of power failures or any disruptive event.(m) The site system must not allow a player or operator to select specific cards from a perm of electronic bingo cards to be sold or played.(n) The site system must record a sequential transaction number or audit tracking number for every transaction. The site system must not allow this number to be changed or reset manually.(o) The site system must be capable of printing a receipt and recording for each sale, void or reload of an electronic or paper card face product that includes, at a minimum, the following information: (1) licensed authorized organization's name;(2) licensed authorized organization's taxpayer number;(3) bingo occasion location name;(4) date and time of the transaction, in DD/MM/YYYY HH:MM:SS; format;(5) sequential transaction or audit tracking number;(6) the dollar value of the transaction and quantity of associated products;(7) a notation to distinguish from which point of sale terminal the receipt was produced when more than one sales terminal is used;(8) the total dollar value of the transaction; and(9) transactions including a card-minding device must include the following information:(A) device ID number (cannot be manually entered) or account number; and(B) range of electronic bingo cards sold.(p) The site system must be capable of storing and printing:(1) a transaction log; and(2) end of occasion log for each bingo occasion.(q) The site system must be capable of storing and printing an Occasion Report and Occasion Summary Report on demand.(r) The site system must not allow a card-minding device to enable and play more than 66 card faces for any one regular bingo game.(s) The site system must be capable of maintaining all required information for the end of occasion log and the occasion summary report for a period of 48 months.(t) The site system must not erase or overwrite any of the required bingo occasion information until both detail and summary information is transferred to a secondary storage medium.(u) All card-minding system approvals issued by the Commission prior to the effective date of this section remain valid. Any subsequent changes or modifications to an approved system require compliance with this section.(v) The site system may, but is not required to, be designed to incorporate the use of a customer account. However, if the site system incorporates the use of a customer account, the site system must include the following requirements:(1) All communications regarding transactions between the bingo card-minding device and the site system must be secured by use of a unique personal identification number (PIN) established by the player;(2) All transactions may only be processed after the site system confirms the identity of the player;(3) Be capable of recording each transaction made by a player from their customer account and include the transaction number, transaction dollar amount, time and date, quantity and type of product purchased, and customer's account number;(4) Not be used to track and credit a customer's account with bingo prizes won;(5) Additional funds may be added to the customer's account only at a Point-of-Sale Station;(6) Capable to generate financial reports for customer account activity to include:(A) customer account number;(B) initial amount of funds placed in the account;(C) each transaction including quantity and type of bingo product(s) purchased, dollar amount, time and date, any ending balance, bingo worker login information;(D) if balance was refunded at end of occasion, or retained by the organization as other income; and(7) Be capable of and shall provide a receipt for each customer transaction that contains the following disclaimer: \"Any funds remaining in your customer account that you do not claim by the end of the occasion will be kept by the licensed authorized organization. Please allow enough time before the end of the occasion to claim your funds on your account.\"", "sourceNote": "Source Note: The provisions of this §141.322 adopted\r\nto be effective July 1, 2012, 37 TexReg 4902; amended to be effective\r\nSeptember 1, 2014, 39 TexReg 6834; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226247", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.323", "label": "Card-Minding Systems--Device Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The card-minding device must have a unique, permanent identification number, or have a unique identification number secured by password or code and accessible only by use of such password or code.(b) The identification number must be coded into the software of the card-minding device.(c) The card-minding device must automatically transmit its identification number to the site system or be known by the site system, to be recorded on the transaction log, each time the device is involved in a transaction with the site system.(d) The card-minding device must be designed in such a manner to allow for one or more of the following daubing features:(1) Manual ball call: This requires the player to identify uniquely the ball call that has been made. This could be through a number of methods, for example: the selection of the number on a grid containing all 75 numbers; the selection of the letter from BINGO, then the number from a list of 15 numbers; or the entry through a keypad of the digits comprising the number. However, it requires the player to enter the numbers as they are called and therefore allows the player to enter a number in error. This method of daubing must enable the player to correct numbers entered in error.(2) Ball call confirm: This method requires the broadcast of the ball call information to the card-minding device. When the ball call is received by the card-minding device, the player must perform an action to confirm or enter the ball call. This is typically through the pressing of a key or the touching of the screen. This daub style requires the player to perform an action for each and every ball call that is made. If the player waits, and a number of ball calls are made without the player performing any action, the player must then touch the screen (or press enter) once for each ball called. The ball calls must be processed in the order they were drawn.(3) Semi-auto daub: This method requires the broadcast of the ball call information to the card-minding device. This method operates in the same manner as ball call confirm, except that, if the player allows multiple balls to be called without interacting with the card-minding device, a single action will daub all outstanding ball calls. The ball call that was most recently made by the caller is processed last and the bingo cards are scored with this number being the \"last number\" for any last number rule games.(4) Auto Daub: This method requires the broadcast of the ball call information to the card-minding device. As each ball call is received by the card-minding device, the card-minding device behaves as though the player performed the ball call confirm action. That is to say, the card-minding device will act automatically as each ball call is announced.(e) The card-minding device must recognize bingo numbers called and after having the numbers entered through one of the methods in subsection (d) of this section, must electronically daub the number on all activated bingo cards enabled or loaded on the card-minding device containing those numbers in the winning pattern.(f) If a card-minding device requires the player to manually enter ball call numbers, the card-minding device must allow the player to cancel or correct any numbers entered in error.(g) The card-minding device must not allow a player to modify cards that are loaded and enabled for play.(h) The card-minding device must recognize and display all winning bingo patterns achieved.(i) The card-minding device must be programmed to only allow bingo cards purchased and loaded and enabled for play during a bingo occasion, to be in play during that occasion. Therefore, the card-minding system shall provide a means to erase, disable, or render unplayable the bingo cards loaded and enabled on each card-minding device played in a bingo occasion, prior to playing the same device in the next bingo occasion. Suggested means are at least one of the following:(1) on deactivation of the current bingo occasion;(2) by inserting the device into a charger;(3) by a timer within the device;(4) on activation of the next bingo occasion;(5) by automatically erasing all bingo cards and/or bingo card face numbers stored in the device after the last bingo game of the occasion; or(6) any other suitable means to ensure game integrity.(j) All card-minding system approvals issued by the Commission prior to the effective date of this section remain valid. Any subsequent changes or modifications to an approved system require compliance with this section.(k) A card-minding device utilizing a customer account may not permit customers to purchase any bingo equipment other than electronic bingo cards for play on the card-minding device.(l) A card-minding device used with customer accounts must display the account balance at all times.(m) A card-minding device shall not:(1) track and store any winnings from authorized bingo games;(2) replay any winnings;(3) be used to credit the player's winnings;(4) be used to purchase or play pull-tab bingo tickets; and(5) be used for video confirmation of pull-tab bingo tickets.(n) The card-minding device may not be used:(1) to generate or determine the random letters, numbers, or other symbols used in playing the bingo card played with the device's assistance;(2) as a receptacle for the deposit of tokens or money in payment for playing the bingo card played with the device's assistance; or(3) as a dispenser for the payment of a bingo prize, including coins, paper currency, or a thing of value for the bingo card played with the device's assistance.", "sourceNote": "Source Note: The provisions of this §141.323 adopted\r\nto be effective July 1, 2012, 37 TexReg 4904; amended to be effective\r\nSeptember 1, 2014, 39 TexReg 6834; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226248", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.324", "label": "Card-Minding Systems--Approval of Card-Minding Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226249", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A card-minding system must not be sold, leased, or otherwise furnished to any person for use in the conduct of bingo until it has first been tested and certified as compliant with the standards in this subchapter by an independent testing facility. The card-minding system shall be submitted for testing at the manufacturer's expense. The testing facility should be required to ensure that the card-minding system conforms to the restrictions and conditions set forth in these standards. The approval process is set forth in subsections (b) - (f) of this section.(b) Utilizing an Independent Testing Facility:(1) Manufacturer submits system to lab with letter outlining the card-minding system to be tested for approval in Texas;(2) Lab performs validation testing to ensure compliance with the Commission's requirements. Testing may include functional testing and/or modification testing, if applicable;(3) Lab creates certification report which includes file verification methodology, software/firmware signatures (checksum) and testing results;(4) Manufacturer submits approval request with certification report to the Commission;(5) Once the Commission has received the certification report from the independent testing facility, the Commission may request a demonstration of the product; and(6) The Commission shall either approve or disapprove the submission based on the test results and inform the manufacturer and lab of the results within thirty (30) calendar days of receipt of the test results and any other forms and documentation required to ensure the card-minding system is compliant with the standards in this subchapter.(c) After the Commission approves a card-minding system, the manufacturer shall notify the Commission of the date, time and place of the first installation of the system so that a Commission representative may observe and review the card-minding system.(d) Checksum or digital signatures will be obtained from the proprietary software submitted for testing to be used to verify that proprietary software at playing locations is the same as the software that was approved. The manufacturer shall provide any software necessary to view the checksum or digital signatures.(e) The decision by the director to approve or disapprove any component of a card-minding system is administratively final.(f) The manufacturer shall be responsible for the costs related to the testing of card-minding systems.(g) The manufacturer shall be responsible for the travel costs incurred by the Commission to audit the initial installation of a card-minding system in the state of Texas.(h) All card-minding system approvals issued by the Commission prior to the effective date of this section remain valid. Any subsequent changes or modifications to an approved system require compliance with this section.", "sourceNote": "Source Note: The provisions of this §141.324 adopted to\r\nbe effective July 1, 2012, 37 TexReg 4905; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective February 27,\r\n2025, 50 TexReg 986; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226249", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.325", "label": "Card-Minding Systems--Licensed Authorized Organizations Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226250", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensed authorized organization must ensure the site system is accessible to the Commission via remote connection at all times.(b) The licensed authorized organization must ensure that the receipts for its bingo occasion display the correct licensed authorized organization name, location name, time, and date.(c) The licensed authorized organization must ensure that the occasion report displays the correct licensed authorized organization name, location name, date of the bingo occasion, and all other required information contained in §402.321(13) of this chapter.(d) The licensed authorized organization must treat void transactions resulting in a cash refund in the following manner:(1) The player must present the original receipt which was issued at the time of the purchase of the card-minding device before the purchase can be voided;(2) The word \"void\" shall be clearly printed on the receipt issued once the void has occurred;(3) The player must write his or her name, signature, and amount of refund on the back of the void receipt before a partial or full refund may be issued (unless the player refuses or is unable to provide the required information, in which case the licensed authorized organization shall so note on the back of the receipt); and(4) All voided receipts, whether cash or other payment or as the result of presales, must be attached to the bingo occasion report printed at the end of each bingo occasion and maintained with the records.(e) If presales are made and the associated cards are not purchased, loaded, and enabled for play on a card-minding device, then those presales must be voided by the start of the second game of the occasion.(f) Each licensed authorized organization must record all sales of electronic bingo cards and card-minding devices on the card-minding system point of sale station. Disposable cards, instant bingo pull-tab tickets and event bingo pull-tab tickets and all bingo prizes awarded, including both regular bingo and pull-tab bingo, may be recorded on the card-minding point of sale station. However, if a licensed authorized organization utilizes a customer account on a card-minding system, that organization must record all sales of disposable cards, instant bingo pull-tab tickets and event bingo pull-tab tickets and all bingo prizes awarded, including both regular bingo and pull-tab bingo, on the card-minding system point of sale. Disposable cards, instant bingo pull-tab tickets and event bingo pull-tab tickets sales and bingo prizes awarded may be recorded at the end of the occasion. (g) Each licensed authorized organization purchasing, leasing, or otherwise utilizing a card-minding system must maintain a log or other records showing the following:(1) the date the card-minding system was installed or removed; and(2) the name and license number of the distributor from which the card-minding system was purchased, leased or otherwise obtained.(h) If multiple licensed authorized organizations hold an interest in a card-minding system, a single record identifying each licensed authorized organization should be retained on the premises where the card-minding system is utilized.(i) The licensed authorized organization must retain all records, reports, and receipts relating to the card-minding system's transactions, maintenance, and repairs for a period of 48 months for examination by the Commission. Such records shall be kept on the premises where the licensed authorized organization is licensed to conduct bingo, or at a location designated in writing to the Commission by the licensed authorized organization.(j) All card-minding devices must be loaded or enabled for play on the premises where the game will be played.(k) After the last game of the bingo occasion has been completed, the licensed authorized organization shall print an occasion report from the site system.(l) The bingo player must be physically present during the game on the premises where the game is actually conducted.(m) A licensed authorized organization may not add to or remove any software program related to the conduct of bingo to an approved card-minding system. If the Commission detects or discovers a card-minding system at a bingo premises that is using components or software that were not approved by the Commission as required, the card-minding system is deemed to have an unauthorized modification.(n) No licensed authorized organization may display, use, or otherwise furnish a card-minding device which has in any manner been tampered with, or which otherwise may deceive the player or affect a player's chances of winning.(o) At the time a player establishes a customer account, the licensed authorized organization must notify the player that any unclaimed balances in the customer account at the end of the occasion will be retained by the organization. Information regarding the retention by the licensed authorized organization of the unclaimed balances in a customer account at the end of an occasion must be included in the information the organization must provide to its players pursuant to §402.200 of this chapter. Any unclaimed balances retained by the organization under this subsection shall be considered to be funds derived from the conduct of bingo, deposited into the organization's bingo account, and reported as other income. However, any unclaimed balances deposited into the organization's bingo account are restricted to the organization's charitable purposes, as provided by Texas Occupations Code §2001.453(2) and §2001.454.(1) For a licensed authorized organization that conducts bingo through a unit created and operated under Texas Occupations Code Chapter 2001, Subchapter I-1, any balances on a customer account may be used by the customer for any bingo occasion conducted on the same day of any of the organizations in the unit on the premises specified in their bingo licenses.(2) For a licensed authorized organization that conducts bingo on consecutive occasions within one 24-hour period, any balances on a customer account may be used by the customer during either occasion. (p) A licensed authorized organization must comply with the requirements in §402.200(b)(6) of this chapter regarding all bingo equipment malfunctions, including customer accounts on a card-minding system.(q) Each licensed authorized organization must ensure that the card-minding system records the actual selling price of each card-minding device and electronic bingo card sold.", "sourceNote": "Source Note: The provisions of this §141.325 adopted to\r\nbe effective July 1, 2012, 37 TexReg 4907; amended to be effective\r\nSeptember 1, 2014, 39 TexReg 6834; amended to be effective August\r\n1, 2016, 41 TexReg 5505; amended to be effective February 27, 2025,\r\n50 TexReg 986; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226250", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.326", "label": "Card-Minding Systems--Distributor Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Installation. Each distributor that leases, sells, or otherwise furnishes a card-minding system shall install the system based on the manufacturer's approval letter for use in Texas. Each system shall be installed with:(1) a point of sale, caller station, verifier, and all other software components of the site system as listed in the approval letter;(2) the software settings as established in the approval letter;(3) all of the manufacturer requirements and restrictions in place; and(4) internet connectivity.(b) Before initial use by a licensed authorized organization, each distributor that leases, sells, or otherwise furnishes a card-minding system must provide notice to the Commission in writing on a form prescribed by the Commission, or electronically in a format prescribed by the Commission, that includes the following information:(1) the modem number or IP address and protocol for remote access;(2) total number of card-minding devices installed at the bingo premises;(3) the name of the bingo premises, physical address, telephone number, and licensed commercial lessor's taxpayer identification number, if applicable, where the card-minding system is located;(4) the expected startup date for use of the card-minding system by the licensed authorized organization;(5) the name and taxpayer identification number of the licensed authorized organization to whom the card-minding system was sold, leased, or otherwise furnished;(6) the name and taxpayer identification number of the distributor from whom the card-minding system was leased, purchased, or otherwise obtained;(7) the name and taxpayer identification number of the manufacturer, model and version number of the card-minding system; and(8) a certification statement from the manufacturer that the remote connectivity is operating properly.(c) If a card-minding device is to be used at more than one bingo premises, each bingo premise must have its own separate site system.(d) Before the complete removal or hardware up-grade of any card-minding system, each distributor must supply one copy of the data files to each licensed authorized organization that utilized the card-minding system and maintain one additional copy for a period of 48 months.(e) A distributor selling, leasing, or otherwise providing card-minding systems to a licensed authorized organization or another licensed distributor must provide the licensed authorized organization or licensed distributor with an invoice that contains, at a minimum, the following information and must maintain copies of the invoice or documentation for a period of 48 months:(1) the invoice number;(2) the date of sale or lease period covered by the invoice;(3) the manufacturer's name;(4) the name and version number of the card-minding system;(5) the quantity of card-minding devices sold or leased; and(6) the total invoice amount.(f) The distributor shall serve as the initial contact for the licensed authorized organization with respect to requests for installation, service, maintenance, or repair of card-minding devices and site systems, and for the ordering of the electronic facsimiles of bingo cards to be downloaded to the organization's site system, if applicable. The distributor may, as needed, enlist the aid of the manufacturer in providing service, repair, or maintenance of the card-minding devices or site system.(g) A distributor may not add to nor remove any software programs related to the conduct of bingo to an approved card-minding system. If the Commission detects or discovers a card-minding system at a bingo premises that is using components or software that were required to have been approved by the Commission but have not been approved, the card-minding system is deemed to have an unauthorized modification.(h) Upon the Commission's notification to the manufacturer, the manufacturer must immediately disable the system. A distributor may not display, use, or otherwise furnish a card-minding device which has in any manner been tampered with, or which otherwise may deceive the player or affect a player's chances of winning.", "sourceNote": "Source Note: The provisions of this §141.326 adopted to\r\nbe effective July 1, 2012, 37 TexReg 4910; amended to be effective\r\nFebruary 27, 2025, 50 TexReg 986; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226251", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.327", "label": "Card-Minding Systems--Security Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A card-minding device or site system shall not be a video lottery machine or machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to video poker, keno, and blackjack, utilizing a video display and microprocessor in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens or that directly dispenses cash, coins, or tokens.(b) The card-minding device or site system shall provide password protection for each organization at a location using the device or site system.(c) The site system or a card-minding device shall be able to provide the winning game patterns required for the entire bingo occasion. A printout or electronic display of the winning patterns must be available at the bingo occasion upon request by patrons or Commission personnel.(d) The manufacturer shall provide to the Commission all current protocols, usernames, passwords, and any other required information needed to access the system prior to the operation of the system within Texas.(e) The manufacturer and distributor shall notify the Commission of any changes they have made in the protocols, usernames, passwords, and any other required information needed to access the system within ten (10) calendar days of the change.(f) The system shall have sufficient security safeguards to ensure that any restrictions or requirements authorized by the Commission or any approved proprietary software are protected from alteration.(g) A manufacturer of a card-minding system shall employ sufficient security safeguards in designing and manufacturing the card-minding system such that only approved proprietary software used directly in the operation of bingo are accessible by the licensed authorized organization.(h) All card-minding system approvals issued by the Commission prior to the effective date of this section remain valid. Any subsequent changes or modifications to an approved system require compliance with this section.", "sourceNote": "Source Note: The provisions of this §141.327 adopted to\r\nbe effective July 1, 2012, 37 TexReg 4910; transferred effective October\r\n1, 2025, as published in the September 26, 2025, issue of the Texas\r\nRegister, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226252", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.328", "label": "Card-Minding Systems--Inspections and Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226253", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may examine and inspect any card-minding system that was used, is being used, or is intended for subsequent use, in the conduct of bingo, including any individual card-minding device and related site system. Such examination and inspection includes immediate access to the card-minding device and unlimited inspection of all parts of the card-minding system.(b) Distributors and manufacturers shall provide records related to approved card-minding systems requested by the Commission, or any of its employees, within fourteen (14) calendar days of the request unless a longer response time is allowed by the request.(c) If the Commission detects or discovers any problem with the card-minding system that affects the security and/or integrity of the bingo game or card-minding system, the Commission:(1) may direct the manufacturer, distributor, or licensed authorized organization to cease the sale, lease, or use of the card-minding system, as applicable and/or to remove the card-minding system from use or play until further notice by the Commission; and(2) may require the manufacturer to correct the problem or recall the card-minding system immediately upon notification by the Commission to the manufacturer.(d) If the manufacturer, distributor, or licensed authorized organization detects or discovers any defect, malfunction, or problem with the card-minding system that affects the security and/or integrity of the bingo game or card-minding system, the manufacturer, distributor, or licensed authorized organization, as applicable, shall immediately:(1) remove the card-minding system from use or play; and(2) notify the Commission of such action.(e) The Commission, at its discretion, may require additional examination or inspection of bingo card-minding systems at any time. Such additional examinations or inspections may be at the manufacturer's expense and may be a condition of the continued use of such system.(f) A manufacturer's demonstration of a non-approved card-minding system or any secondary component may take place only after permission is granted by the Commission. The request to demonstrate must be provided to the Commission at least seven (7) calendar days prior to the date of demonstration. The Commission may request a manufacturer to voluntarily demonstrate to the Commission staff a bingo product that the manufacturer markets in another jurisdiction.", "sourceNote": "Source Note: The provisions of this §141.328 adopted to\r\nbe effective July 1, 2012, 37 TexReg 4911; transferred effective October\r\n1, 2025, as published in the September 26, 2025, issue of the Texas\r\nRegister, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226253", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.331", "label": "Shutter Card Bingo Systems - Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226254", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Shutter Card Bingo System--A shutter card and related hardware and software that is interfaced with or connected to equipment used to conduct a game of bingo using shutter cards. A shutter card bingo system consists of the following three parts:(A) Shutter Card--A device made of cardboard or other suitable material with plastic \"shutters\" that cover a number to simulate the number being daubed and that is used in conjunction with a shutter card customer account.(B) Shutter Card Bingo Site System--Computer hardware, software, and peripheral equipment that is located at the bingo premises, is controlled by the licensed authorized organization conducting bingo, and interfaces with, connects with, controls, or defines the operational parameters of shutter card customer accounts. Shutter Card Bingo Site Systems must include, but are not limited to, the following components: point of sale station, shutter card station, a caller station verifier, printers, remote access capability, proprietary executable software, report generation software, and an accounting system and database.(C) Shutter Card Station--Computer hardware and software that is located at a player's seat that allows the player to select up to three shutter cards located at the player's seat for play in a bingo game at the bingo premises.(2) Cards and Card Sets--The number of unique bingo shutter cards on site, with the card numbers and card data being used.(3) Checksum--A value of fixed-size computed from a block of digital data for the purpose of detecting changes or modifications. Also referred to as a digital signature or hash sum.(4) Connected--Communication between the player's shutter card station and the site system by wired or wireless means during an active bingo session.(5) Customer Account--An account established by a customer and tracked with the use of a unique player shutter card station identification number assigned by a licensed authorized organization based on a player's seat position. The customer may access their own Customer Account to track:(A) the deposit of funds; and(B) the purchase of bingo shutter cards.(6) Shutter Card Station ID number--The unique identification number assigned by a manufacturer to a specific shutter card station.(7) Shutter Card Station Played--A shutter card station utilized within a bingo occasion.(8) End of Occasion Log--Information stored in the site system database at the end of each bingo occasion containing pertinent sales, refunds, game and system accounting information to include the following:(A) licensed authorized organization's name;(B) licensed authorized organization's license number;(C) bingo occasion site (location);(D) listings of transactions or receipt numbers, including balance refunds;(E) date and time of the bingo occasion and occasion number, if applicable;(F) total quantity of shutter cards played;(G) the shutter card station ID number of each shutter card station loaded;(H) total dollar value of funds deposited and shutter cards sold;(I) total dollar value of deposits refunded;(J) total dollar value of unused deposits retained by the organization;(K) total dollar value of shutter card bingo prizes awarded;(L) listing of the balls called, in order called, for each game; and(M) listing of all shutter cards verified for each game, both the non-winning and the winning card face numbers.(9) Independent Testing Facility--A laboratory approved by the Commission that is demonstrably competent and qualified to test the site systems scientifically and evaluate them for compliance with statutes and regulations. An independent testing laboratory shall maintain the current applicable standards of the International Organization of Standardization as an accredited laboratory in the field of information technology testing. An independent laboratory shall not be owned or controlled by a licensed authorized organization, the state, or any manufacturer or distributor or operator of shutter card bingo systems.(10) Mobile Point of Sale--A mobile device that allows a licensed authorized organization to conduct customer shutter card sales transactions anywhere within the bingo premises and is a component of the site system.(11) Model Number--A number designated by the manufacturer that indicates the unique structural design of the shutter card bingo system.(12) Occasion Report--A report generated by the site system at the end of each bingo occasion containing pertinent sales, refunds, game, and system accounting to include the following information: (A) licensed authorized organization's name;(B) licensed authorized organization's license number;(C) bingo occasion site (location);(D) total dollar value of funds deposited and shutter cards sold;(E) total dollar value of deposits refunded;(F) total dollar value of unused deposits retained by the organization;(G) total dollar value of prizes awarded;(H) total dollar value of prize fees collected in conjunction with shutter card bingo prizes awarded.(13) Occasion Summary Report--A report generated by the site system for any specified period which contains the following information:(A) licensed authorized organization's name;(B) licensed authorized organization's taxpayer number;(C) bingo occasion site (location);(D) total dollar value of funds deposited and shutter cards sold;(E) total dollar value of deposits refunded;(F) total dollar value of unused deposits retained by the organization;(G) total dollar value of shutter card bingo prizes awarded; and(H) total dollar value of prize fees collected in conjunction with shutter card bingo prizes awarded.(14) Secondary Component--Additional software or hardware components provided by the manufacturer that are part of, or are connected to, a shutter card bingo system and that do not affect the conduct of the bingo game. Secondary components may include computer screen backgrounds, battery charge-up software routines, printers, printer software drivers, and charging racks.(15) Proprietary Software--Custom computer software developed by a licensed manufacturer that is the primary component of a shutter card bingo system and is required for a shutter card bingo system to be used in a game of bingo.(16) Software Modifications--Alterations to proprietary software approved by the Commission.(17) Transaction Log--A site system report containing a record of transaction information in detail.(18) Version Number--A unique number designated by the manufacturer to signify a specific version of software used on or by the shutter card bingo system.", "sourceNote": "Source Note: The provisions of this §141.331 adopted\r\nto be effective March 8, 2023, 48 TexReg 1293; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226254", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.332", "label": "Shutter Card Bingo Systems - Site System Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The site system must be designed so that the Commission may remotely verify the operation, compliance, and internal accounting systems of the site system at any time. The manufacturer shall provide to the Commission all current protocols, usernames, passwords, and any other required information needed to access the system. Any and all reports maintained or available for generation by the shutter card bingo system shall be capable of being downloaded or otherwise accessed via the remote connection.(b) The site system's internal accounting system must be capable of recording the licensed authorized organization's player deposits, sale of shutter cards, deposit refunds, deposits retained, shutter card bingo prizes awarded, and prize fee collected in conjunction with shutter card bingo prizes awarded.(c) The site system must be able to verify winning shutter cards and print the shutter cards for posting. For verification purposes, the site system must be capable of storing and printing an ordered list of all balls called for each bingo game played using shutter cards.(d) The site system must be capable of storing:(1) all transactions affecting a shutter card system and/or station;(2) the shutter card station ID number for each transaction affecting the shutter card system and/or station; and(3) the date, time, quantity of shutter cards affected, price per card, and deposit refunds.(e) The site system shall not allow the exact duplication of cards.(f) Upon completion of each transaction, the site system must not allow any transactional information including date, time, quantity of shutter cards, price per card or package, package number, or other source information to be changed within the accounting system or database.(g) The site system must recognize the shutter card station ID number and store that number on the transaction log for each and every transaction that directly affects that shutter card station.(h) The site system must have a database backup and recovery system to prevent loss of transactional information in the event of power failures or any disruptive event.(i) The site system must be capable of printing a report that details each transaction of a credit or shutter card sale or credit return that includes, at a minimum, the following information:(1) licensed authorized organization's name;(2) licensed authorized organization's taxpayer number;(3) bingo occasion location name;(4) date and time of the transaction, in DD/MM/YYYY HH:MM:SS; format;(5) the dollar value of the transaction and quantity of player funds deposited and refunded and the sales of shutter cards;(6) the shutter card station where any sales and refunds were done; and(7) the total dollar value of the transaction.(j) The site system must be capable of storing and printing:(1) a transaction log; and(2) end of occasion log for each bingo occasion.(k) The site system must be capable of storing and printing an Occasion Report and Occasion Summary Report on demand.(l) The site system must be capable of maintaining all required information for the end of occasion log and the occasion summary report for a period of forty-eight (48) months.(m) The site system must not erase or overwrite any of the required bingo occasion information until both detail and summary information is transferred to a secondary storage medium.(n) Any subsequent changes or modifications to an approved system require compliance with this section and must be re-submitted to the Commission for approval prior to use.(o) The site system may, but is not required to, be designed to incorporate the use of a customer account. However, if the site system incorporates the use of a customer account, the site system must include the following requirements:(1) Be capable of recording each transaction made by a player from their customer account and include the transaction number, dollar amount deposited, time and date, quantity and price of the shutter cards purchased, or player funds refunded;(2) Not be used to track and credit a customer's account with bingo prizes won;(3) Additional funds may only be added to the customer's account only by using a site system Point-of-Sale that is operated by a registered bingo worker;(4) Capable to generate financial reports for customer account activity to include:(A) customer account number;(B) initial amount of funds deposited in the account;(C) each transaction including quantity of shutter cards purchased, dollar amount, time and date, any ending balance, bingo worker login information; and(D) if any remaining player funds were refunded at end of occasion or retained by the organization as other income.(E) be capable of and shall provide a receipt for each customer transaction that contains the following disclaimer: \"Any funds remaining in your customer account that you do not claim by the end of the occasion may be kept by the licensed authorized organization.\"", "sourceNote": "Source Note: The provisions of this §141.332 adopted\r\nto be effective March 8, 2023, 48 TexReg 1293; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226255", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.333", "label": "Shutter Card Bingo Systems - Shutter Card Station and Customer Account Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226256", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The shutter card bingo system must have a unique and permanent identification number for each shutter card station.(b) The shutter card station must automatically transmit its identification number to the site system or be known by the site system, to be recorded on the transaction log, each time the shutter card station is involved in a transaction with the site system.(c) The shutter card station must not track bingo numbers called or assist the customer in any way to mark their shutter cards.(d) The shutter card station must not allow a player to change cards after a game has started.(e) The shutter card station must clear the shutter cards in play after each game.(f) A shutter card station utilizing a customer account may not permit customers to purchase any bingo equipment other than shutter cards that are part of the shutter card bingo system.(g) A shutter card station must display the player's account balance at all times.(h) A customer account and a shutter card station shall not:(1) track and store any winnings from authorized bingo games;(2) replay any winnings;(3) be used to credit the player's winnings;(4) be used to purchase or play pull-tab bingo tickets; or(5) be used for video confirmation of pull-tab bingo tickets.(i) The customer account and shutter card station may not be used:(1) to generate or determine the random letters, numbers, or other symbols used in playing the shutter card;(2) as a receptacle for the deposit of tokens or money in payment for playing the shutter card; or(3) as a dispenser for the payment of a bingo prize, including coins, paper currency, or a thing of value for playing the shutter card.", "sourceNote": "Source Note: The provisions of this §141.333 adopted\r\nto be effective March 8, 2023, 48 TexReg 1293; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226256", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.334", "label": "Shutter Card Bingo Systems - Approval of Shutter Card Bingo Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226257", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A shutter card bingo system must not be sold, leased, or otherwise furnished to any person for use in the conduct of bingo until it has first been tested and certified as compliant with the standards in this subchapter by an independent testing facility or the Commission's own testing lab, as applicable. The shutter card bingo system shall be submitted for testing at the manufacturer's expense. The testing facility should be required to ensure that the shutter card bingo system conforms to the restrictions and conditions set forth in these standards. The approval process is set forth in subsections (b)-(e) of this section.(b) Utilizing an Independent Testing Facility:(1) Manufacturer submits system to lab with letter outlining the shutter card bingo system to be tested for approval in Texas;(2) Lab performs validation testing to ensure compliance with the Commission's requirements. Testing may include functional testing and/or modification testing, if applicable;(3) Lab creates certification report which includes file verification methodology, software/firmware signatures (checksum), and testing results;(4) Manufacturer submits approval request with certification report to the Commission;(5) Once the Commission has received the certification report from the independent testing facility, the Commission may request a demonstration of the product; and(6) The Commission shall either approve or disapprove the submission based on the test results and inform the manufacturer and lab of the results within thirty (30) calendar days of receipt of the test results.(c) After the Commission approves a shutter card bingo system, the manufacturer shall notify the Commission of the date, time and place of the first installation of the system so that a Commission representative may observe and review the shutter card bingo system.(d) Checksum or digital signatures will be obtained from the proprietary software submitted for testing to be used to verify that proprietary software at playing locations is the same as the software that was approved. The manufacturer shall provide any software necessary to view the checksum or digital signatures.(e) The decision by the director to approve or disapprove any component of a shutter card bingo is administratively final.(f) The manufacturer shall be responsible for the costs related to the testing of shutter card bingo system to include the fees charged by independent testing facilities.(g) The manufacturer shall be responsible for the travel costs incurred by the Commission to audit the initial installation of a shutter card bingo system in the state of Texas.(h) Any subsequent changes or modifications to an approved shutter card bingo system require compliance with this section and must be re-submitted to the Commission for approval prior to use.", "sourceNote": "Source Note: The provisions of this §141.334 adopted to\r\nbe effective March 8, 2023, 48 TexReg 1293; amended to be effective\r\nFebruary 27, 2025, 50 TexReg 986; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226257", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.335", "label": "Shutter Card Bingo Systems - Licensed Authorized Organization Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226258", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensed authorized organization must ensure that the site system is accessible to the Commission via remote connection at all times.(b) The licensed authorized organization must ensure that the reports for its bingo occasion display the correct licensed authorized organization's name, location name, time, and date.(c) The licensed authorized organization must ensure that the occasion report displays the correct licensed authorized organization's name, location name, date of the bingo occasion, and all other required information contained in Rule 402.331(12).(d) Each licensed authorized organization must record all sales of credits, sales of shutter cards, credit refunds, and all prizes awarded.(e) Each licensed authorized organization purchasing, leasing, or otherwise utilizing a shutter card bingo system must maintain a log or other records showing the following:(1) the date the shutter card bingo system was installed or removed; and(2) the name and license number of the distributor from which the shutter card bingo system was purchased, leased or otherwise obtained.(f) If multiple licensed authorized organizations hold an interest in a shutter card bingo system, a single record identifying each licensed authorized organization should be retained on the premises where the shutter card bingo system is utilized.(g) The licensed authorized organization must retain all records and reports relating to the shutter card bingo system's transactions, maintenance, and repairs for a period of forty-eight (48) months for examination by the Commission. Such records shall be kept on the premises where the licensed authorized organization is licensed to conduct bingo, or at a location designated in writing to the Commission by the licensed authorized organization.(h) All shutter card stations must be enabled for play on the premises where the game will be played.(i) After the last game of the bingo occasion has been completed, the licensed authorized organization shall print an occasion report from the site system.(j) The bingo player must be physically present during the game on the premises where the game is actually conducted.(k) A licensed authorized organization may not add to or remove any software program related to the conduct of bingo to an approved shutter card bingo system. If the Commission detects or discovers a shutter card bingo system at a bingo premises that is using components or software that were not approved by the Commission as required, the shutter card bingo system is deemed to have an unauthorized modification.(l) No licensed authorized organization may display, use, or otherwise furnish a shutter card station which has in any manner been tampered with, or which otherwise may deceive the player or affect a player's chances of winning.(m) At the time a player establishes a customer account, the licensed authorized organization must notify the player that any unclaimed balances in the customer account at the end of the occasion will be retained by the organization. Information regarding the retention by the licensed authorized organization of the unclaimed balances in a customer account at the end of an occasion must be included in the information the organization must provide to its players pursuant to §402.200 of this chapter. Any unclaimed balances retained by the organization under this subsection shall be considered to be funds derived from the conduct of bingo, deposited into the organization's bingo account, and reported as other income. However, any unclaimed balances deposited into the organization's bingo account are restricted to the organization's charitable purposes, as provided by Texas Occupations Code §2001.453(2) and §2001.454.(1) For a licensed authorized organization that conducts bingo through a unit created and operated under Texas Occupations Code Chapter 2001, Subchapter I-1, any balances on a customer account may be used by the customer for any bingo occasion conducted on the same day of any of the organizations in the unit on the premises specified in their bingo licenses.(2) For a licensed authorized organization that conducts bingo on consecutive occasions within one 24-hour period, any balances on a customer account may be used by the customer during either occasion. (n) A licensed authorized organization must comply with the requirements in §402.200(b)(6) of this chapter regarding all bingo equipment malfunctions, including customer accounts on a shutter card bingo system.(o) Each licensed authorized organization must ensure that the shutter card bingo system records the actual selling price of each shutter card sold.(p) A licensed authorized organization shall not pre-sale or add credits to a shutter card station or a player's account prior to the start of an occasion, except as allowed by Rule 402.335(m)(1) and (2) above.(q) If the shutter cards are not changed between every occasion, a licensed authorized organization shall not conduct a bingo game using the shutter card bingo system in which a player may have an advantage based on their knowledge of the numbers available on the stations. For example, a game in which any given number is \"wild\" could be exploited by a player with knowledge of which station has the highest occurrence of that number.(r) The licensed authorized organization must handle deposit refunds in the following manner:(1) The player must present the original receipt which was issued at the time of the deposit of funds;(2) The word \"refund\" shall be clearly printed on the receipt issued once the refund as occurred;(3) All refund receipts must be attached to the bingo occasion report printed at the end of each bingo occasion and maintained with the records.(s) A licensed authorized organization may not reserve or hold a station for any player.", "sourceNote": "Source Note: The provisions of this §141.335 adopted to\r\nbe effective March 8, 2023, 48 TexReg 1293; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226258", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.336", "label": "Shutter Card Bingo Systems - Distributor Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226259", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Installation. Each distributor that leases, sells, or otherwise furnishes a shutter card bingo system shall install the system based on the manufacturer's approval letter for use in Texas. Each system shall be installed with:(1) a point of sale, caller station, verifier, and all other software components of the site system as listed in the approval letter;(2) the software settings as established in the approval letter;(3) all of the manufacturer requirements and restrictions in place; and(4) a dedicated modem phone line or internet connectivity. (b) Before initial use by a licensed authorized organization, each distributor that leases, sells, or otherwise furnishes a shutter card bingo system must provide notice to the Commission in writing on a form prescribed by the Commission, or electronically in a format prescribed by the Commission, that includes the following information:(1) the modem number or IP address and protocol for remote access;(2) total number of shutter card stations installed at the bingo premises;(3) the name of the bingo premises, physical address, telephone number, and licensed commercial lessor's taxpayer identification number, if applicable, where the shutter card bingo system is located;(4) the expected start-up date for use of the shutter card bingo system by the licensed authorized organization;(5) the name and taxpayer identification number of the licensed authorized organization to whom the shutter card bingo system was sold, leased, or otherwise furnished;(6) the name and taxpayer identification number of the distributor from whom the shutter card bingo system was leased, purchased, or otherwise obtained;(7) the name and taxpayer identification number of the manufacturer, model and version number of the shutter card bingo system; and(8) a certification statement from the manufacturer that the remote connectivity is operating properly.(c) If a shutter card or shutter card station is to be used at more than one bingo premises, each bingo premises must have its own shutter card bingo site system.(d) Before the complete removal or hardware upgrade of any shutter card bingo system, each distributor must supply one copy of the data files to each licensed authorized organization that utilized the shutter card bingo system and maintain one additional copy for a period of forty-eight (48) months.(e) A distributor selling, leasing, or otherwise providing shutter card bingo systems to a licensed authorized organization or another licensed distributor must provide the licensed authorized organization or licensed distributor with an invoice that contains, at a minimum, the following information and must maintain copies of the invoice or documentation for a period of forty-eight (48) months:(1) the invoice number;(2) the date of sale or lease period covered by the invoice;(3) the manufacturer's name;(4) the name and version number of the shutter card bingo system;(5) the quantity of shutter cards sold or leased; and(6) the total invoice amount.(f) The distributor shall serve as the initial contact for the licensed authorized organization with respect to requests for installation, service, maintenance, or repair of shutter cards, shutter card stations, and site systems. The distributor may, as needed, enlist the aid of the manufacturer in providing service, repair, or maintenance of the site system.(g) A distributor may not add to nor remove any software programs related to the conduct of bingo to an approved shutter card bingo system. If the Commission detects or discovers a shutter card bingo system at a bingo premises that is using components or software that were required to have been approved by the Commission but have not been approved, the shutter card bingo system is deemed to have an unauthorized modification.(h) Upon the Commission's notification to the manufacturer, the manufacturer must immediately disable the system. A distributor may not display, use, or otherwise furnish a shutter card or shutter card station which has in any manner been tampered with, or which otherwise may deceive the player or affect a player's chances of winning.", "sourceNote": "Source Note: The provisions of this §141.336 adopted to\r\nbe effective March 8, 2023, 48 TexReg 1293; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226259", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.337", "label": "Shutter Card Bingo Systems - Security Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A customer account, shutter card station, or site system shall not be a video lottery machine or machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to, video poker, keno, and blackjack, utilizing a video display and microprocessor in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens or that directly dispenses cash, coins, or tokens.(b) The shutter card station or site system shall provide password protection for each organization at a location using the shutter card station or site system.(c) The site system shall be able to provide the winning game patterns required for the entire bingo occasion. A printout or electronic display of the winning patterns must be available at the bingo occasion upon request by patrons or Commission personnel.(d) The manufacturer shall provide to the Commission all current protocols, usernames, passwords, and any other required information needed to access the system prior to the operation of the system within Texas.(e) The manufacturer and distributor shall notify the Commission of any changes they have made in the protocols, usernames, passwords, and any other required information needed to access the system within ten (10) calendar days of the change.(f) The system shall have sufficient security safeguards to ensure that any restrictions or requirements authorized by the Commission or any approved proprietary software are protected from alteration.(g) A manufacturer of a shutter card bingo system shall employ sufficient security safeguards in designing and manufacturing the shutter card bingo system such that only approved proprietary software used directly in the operation of bingo are accessible by the licensed authorized organization.", "sourceNote": "Source Note: The provisions of this §141.337 adopted to\r\nbe effective March 8, 2023, 48 TexReg 1293; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226260", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "C", "label": "BINGO GAMES AND EQUIPMENT" }, "rule": { "number": "§141.338", "label": "Shutter Card Bingo Systems - Inspections and Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226261", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may examine and inspect any shutter card bingo system that was used, is being used, or is intended for subsequent use, in the conduct of bingo, including any individual shutter card, shutter card station, and related site system. Such examination and inspection include immediate access to the shutter card, shutter card station, and unlimited inspection of all parts of the shutter card bingo system.(b) Distributors and manufacturers shall provide records related to approved shutter card bingo systems requested by the Commission, or any of its employees, within fourteen (14) calendar days of the request unless a longer response time is allowed by the request.(c) If the Commission detects or discovers any problem with the shutter card bingo system that affects the security and/or integrity of the bingo game or shutter card bingo system, the Commission: (1) may direct the manufacturer, distributor, or licensed authorized organization to cease the sale, lease, or use of the shutter card bingo system, as applicable and/or to remove the shutter card bingo system from use or play until further notice by the Commission; and(2) may require the manufacturer to correct the problem or recall the shutter card bingo system immediately upon notification by the Commission to the manufacturer.(d) If the manufacturer, distributor, or licensed authorized organization detects or discovers any defect, malfunction, or problem with the shutter card bingo system that affects the security and/or integrity of the bingo game or shutter card bingo system, the manufacturer, distributor, or licensed authorized organization, as applicable, shall immediately:(1) remove the shutter card bingo system from use or play; and(2) notify the Commission of such action.(e) The Commission, at its discretion, may require additional examination or inspection of shutter card bingo systems at any time. Such additional examinations or inspections may be at the manufacturer's expense and may be a condition of the continued use of such system.(f) A manufacturer's demonstration of a non-approved shutter card bingo system or any secondary component may take place only after permission is granted by the Commission. The request to demonstrate must be provided to the Commission at least seven (7) calendar days prior to the date of demonstration. The Commission may request a manufacturer to voluntarily demonstrate to the Commission staff a shutter card bingo system that the manufacturer markets in another jurisdiction.", "sourceNote": "Source Note: The provisions of this §141.338 adopted to\r\nbe effective March 8, 2023, 48 TexReg 1293; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226261", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.400", "label": "General Licensing Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226262", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person who wants to engage in a bingo related activity shall apply to the Commission for a license. The application must be on a form prescribed by the Commission and all required information must be legible, correct and complete. The initial submittal of an application is incomplete if the following information is not provided:(1) All information requested on the application form and supplemental forms;(2) All supplemental information requested during the pre-licensing investigation period;(3) The applicable license fee for a lessor, distributor, or manufacturer; and(4) Authorized signatures as required by the Commission.(b) Information submitted by an applicant on an applicable form shall be considered to be part of the application. Supplemental information should be submitted on a form prescribed by the Commission and all information required must be correct and complete.(c) Information submitted by an applicant in a format other than an applicable form must be legible and must include the following:(1) the name and address of the organization as it appears on the application;(2) the Texas taxpayer identification number; or, if sole owner, the individual's social security number;(3) a statement identifying the information submitted;(4) the signature, printed name and telephone number of the person authorized to submit the information; and(5) all supplemental information requested during the pre-licensing investigation period.(d) Within 21 calendar days after the Commission has received an original application, the Commission will review the application and notify the applicant if additional information is required.(e) If an application is incomplete, the Commission will notify the applicant and, if applicable, the applicant's bingo hall. The applicant must provide the requested information within 21 calendar days of such notification. Failure to respond within this timeframe will result in the application being deemed incomplete and withdrawn. The application and any submitted documentation will not be returned.(f) For an application to conduct bingo, an organization may choose to submit the application form without including a bond or other security; information regarding previously held licenses; justice precinct, city or county certification; and information on intended playing location, days, times, and starting date.(1) All other information requested on the application and the accompanying supplements must be complete and in compliance with all other requirements of the Bingo Enabling Act and the Charitable Bingo Administrative Rules.(2) Within a number of calendar days required by the Commission on the applicable forms, the organization must remit the required bond or other security to the Commission and inform the Commission on the applicable supplemental forms of the intended playing location, days, times, and starting date of the occasions. If the organization fails to provide the required bond or other security as well as complete and accurate supplement forms within the required timeframe, the Commission will deny the application.(3) An organization that has submitted the appropriate bond or other security and a complete application, including all applicable supplemental forms, must also submit updated, certified meeting minutes, current as of the submission of the applicable supplemental information, stating that the organization voted to conduct bingo at the licensed location.(g) Prior to the issuance of a license, the Commission may require an applicant to attend a pre-licensing interview. The Commission will identify the person or persons for the applicant who must attend the pre-licensing interview. The pre-licensing interview will consist of, at a minimum, the following:(1) review of the Bingo Enabling Act;(2) review of the Charitable Bingo Administrative Rules;(3) licensee responsibilities;(4) process pertaining to the different types of license application;(5) bookkeeping and record keeping requirements as it involves bingo; and(6) a statement from the person or persons attending the pre-licensing interview that they are aware of and will comply with the provisions of the Bingo Enabling Act and the Charitable Bingo Administrative Rules.(h) The Commission may deny an application based on information obtained that indicates non-compliance with the provisions of the Bingo Enabling Act and/or the Charitable Bingo Administrative Rules in connection with a pre-licensing interview and/or location inspection.(i) Each licensed authorized organization issued a temporary authorization is required to file timely and complete required reports, as applicable to the type of licensing activity requested.(j) A license applicant may withdraw an application at any time prior to the approval or denial of the application. Once the written request for withdrawal is received by the Commission, all processing of the application will cease and the withdrawal is considered final. License application fees for withdrawn license applications will be refunded, as provided for in the Bingo Enabling Act. If the organization wants to reapply for a license, a complete new application and new license fee, if applicable, are required.(k) Voluntary surrender of a license.(1) A licensee may surrender its license for cancellation provided it has completed and submitted to the Commission the prescribed form.(2) If surrendering a license to conduct bingo, the prescribed form must be signed by the bingo chairperson.(3) If surrendering any other type of license, the prescribed form must be signed by the sole owner, or by two officers, directors, limited liability corporation members, or partners of the organization.(4) The cancellation of the license shall be final and effective upon receipt by the Charitable Bingo Operations Division of a copy of the resolution, or other authoritative statement of the licensee, requesting cancellation of the license and providing a requested effective date.(A) The cancellation is effective as of the date identified in the letter provided that the date has not passed.(B) If no date is identified in the letter, or the date has passed, the effective date shall be the date the Commission receives the letter.(5) Notwithstanding cancellation of the license, the licensee must file all reports, returns and remittances required by law.(6) The licensee shall surrender the license to the Commission on the effective date of the surrender.(7) The Commission will send the licensee a letter confirming the surrender and resulting cancellation of the license.(l) Administrative Hold. A licensed authorized organization or commercial lessor, other than an association of licensed authorized organizations, may request to place its regular license in administrative hold at any time.(1) The placement of a license in administrative hold shall be effective on the first day of the license period for which the administrative hold is requested.(2) The licensee shall submit the license in administrative hold, or a certified statement that the license is not available, to the Commission no later than seven (7) calendar days after the effective date of the placement of the license in administrative hold.(3) Once the license has been placed in administrative hold, all bingo activity (i.e. leasing, conducting bingo) must cease until the licensee files an amendment and the amended license is issued by the Commission and received by the licensee. A licensed authorized organization with its regular license in administrative hold may not conduct bingo under a temporary license.(4) Notwithstanding placement of the license in administrative hold, the licensee must file with the Commission:(A) all applicable reports, returns and remittances required by law; and(B) a timely and complete application for renewal of the license each time the license is ripe for renewal.(5) If at the time of license renewal a licensed authorized organization does not have a designated playing location, that license will be placed in administrative hold.(6) Except for licensed commercial lessors subject to §2001.152(b) of the Occupation Code, a license may not be in administrative hold for more than twelve (12) consecutive quarters.(7) The fee for a license in administrative hold is set in §402.404(d)(3) of this Chapter.(8) A license may be removed from administrative hold at any time during a license period. To remove a license from administrative hold, the licensee must file a license amendment application as provided in §2001.306 of the Occupations Code and §402.410 of this Chapter.(m) Each person required to be named in an application for license under the Bingo Enabling Act other than a temporary license will have a criminal record history inquiry at state and/or national level conducted. Such inquiry may require submission of fingerprint card(s). FBI fingerprint cards are required for an individual listed in an application for a distributor or manufacturer's license and for an individual listed on an application who is not a Texas resident. A criminal record history inquiry at the state and/or national level may be conducted on the operator and officer or director required to be named in an application for a non-regular temporary license under the Bingo Enabling Act.(n) Representation; personal receipt of documents. For purposes of this subsection, an individual shall be recognized by the Commission as an applicant or licensee's authorized representative only if the applicant or licensee has filed with the Commission a form prescribed by the Commission identifying the individuals currently listed as directors, officers, or operators, or if they are identified on the completed Authorization of Representation for Bingo Licenses form. A person is not an authorized representative of the applicant or licensee unless specifically named on a form prescribed by the Commission as part of the application, or on the Authorization of Representation for Bingo Licenses form that is on file with the Commission. Only those persons specifically named on a form prescribed by the Commission or on the Authorization of Representation for Bingo Licenses form as an authorized representative shall be recognized by the Commission concerning any matter relating to the licensing process or license. Only the applicant or licensee or its authorized representative may receive from the Commission documents relating to the application or license without being required to submit a request under the Public Information Act.", "sourceNote": "Source Note: The provisions of this §141.400 adopted to\r\nbe effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nMarch 15, 2007, 32 TexReg 1300; amended to be effective November 19,\r\n2008, 33 TexReg 9225; amended to be effective May 2, 2010, 35 TexReg\r\n3251; amended to be effective January 1, 2014, 38 TexReg 9535; amended\r\nto be effective February 25, 2015, 40 TexReg 815; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective December 31,\r\n2017, 42 TexReg 7392; amended to be effective October 22, 2020, 45\r\nTexReg 7414; amended to be effective January 4, 2024, 48 TexReg 8369;\r\namended to be effective February 27, 2025, 50 TexReg 986; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226262", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.401", "label": "Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226263", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Bingo liability--Includes, but is not limited to, any applicable license fee, late license renewal fee, prize fee, penalty, interest, or administrative penalty.(2) Regular license--A license to conduct bingo that is effective for a period of two years unless revoked or suspended by the Commission.(3) Temporary license--A license to conduct bingo that is in effect for a single bingo occasion.(b) General.(1) Requirements. The Commission may not issue a temporary license if the applicant has failed to file a required report, failed to pay a bingo liability, has not distributed the proceeds calculated on the quarterly report for a charitable purpose, or has a regular license in administrative hold.(2) Duration. A temporary license is valid for no more than six consecutive hours during any day.(3) Display. A licensed authorized organization must conspicuously display an issued license during a temporary occasion at the premises.(4) Voluntary surrender of regular license.(A) An authorized organization that no longer holds a regular license to conduct bingo may conduct any remaining designated temporary occasions so long as the total number of occasions does not exceed twelve (12) per calendar year. If more than twelve (12) previously specified occasions remain, the licensed authorized organization must provide to the Commission written notification of no more than twelve (12) of the dates of the temporary licenses that will be utilized. This notification must be provided within ten days of surrender of the regular license. The Commission will automatically revoke all temporary licenses that have not been designated within ten days of surrender.(B) If the Commission denies or revokes a regular license by final and unappealable order, any temporary license held by the regular license holder will likewise be denied or revoked.(5) All records that are required to be maintained under a regular license must be maintained for a temporary bingo license. (c) The playing time of a temporary bingo occasion may not conflict with the playing time of any other license at the bingo premises on that date unless otherwise provided by law.(d) Regular license holder.(1) Subject to the other provisions of this chapter, a regular license holder shall be issued forty-eight (48) temporary licenses for each 12-month period that ends on the anniversary of the date the license was issued or renewed. Any unused temporary licenses will expire on the anniversary of the date the temporary licenses were issued.(2) Quarterly reports filed by a regular license holder must include proceeds from all licensed temporary occasions held during the quarter.(3) Before using a temporary license, the regular license holder must notify the Commission of the date and time and location of the bingo occasion for which the temporary license will be used by submitting a form prescribed by the Commission. The Commission will verify receipt of the notice in accordance with Bingo Enabling Act §2001.103(g). The license holder is not required to display the Commission's verification during the occasion but must maintain it in their records pursuant to §402.500(a) of this title (relating to General Records Requirements).(4) In accordance with Occupations Code, §2001.108(e), the Commission may issue to a regular license holder additional temporary licenses in excess of the number of temporary licenses specified under Occupations Code, §2001.103(e) if the following conditions are met:(A) The regular license holder submits a completed application on the form prescribed by the Commission;(B) The date and times stated on the application are consistent with the day and times licensed to the organization that has ceased or will cease to conduct bingo as provided in Occupations Code, §2001.108; and(C) The Commission has not acted on an amendment application filed under Occupations Code, §2001.108(a).(e) Non-regular license holder. A non-regular license holder that wishes to conduct a bingo occasion must file a complete application for a temporary license on a form prescribed by the Commission at least 30 calendar days prior to the bingo occasion.(1) If an organization has never received a temporary license or 3 years have elapsed since the organization last held a temporary bingo occasion, the organization must submit an Application for Temporary Bingo Occasions for Non-Regular Organization, FORMID 20.(2) Organizations who have held a temporary license occasion in the past three years may submit an Application for a Temporary Bingo Occasions for Non-Regular Organization, FORMID 19, to apply for a temporary license.(3) Non-regular license holders may not receive more than twelve (12) temporary licenses in a calendar year.", "sourceNote": "Source Note: The provisions of this §141.401 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nMarch 9, 2010, 35 TexReg 1999; amended to be effective February 25,\r\n2015, 40 TexReg 815; amended to be effective December 31, 2017, 42\r\nTexReg 7392; amended to be effective October 31, 2019, 44 TexReg 6368;\r\namended to be effective October 22, 2020, 45 TexReg 7414; amended\r\nto be effective January 4, 2024, 48 TexReg 8369; amended to be effective\r\nFebruary 27, 2025, 50 TexReg 986; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226263", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.402", "label": "Registry of Bingo Workers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226264", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Bingo Chairperson--an individual named in accordance with Texas Occupations Code §2001.002(4-a) and §2001.102(b)(6). (2) Bookkeeper--an individual ultimately responsible for the preparation of any financial records for information reported on the Texas Bingo Conductor's Quarterly Report or for preparation and maintenance of bingo inventory records for a licensed authorized organization.(3) Caller--an individual who operates the bingo ball selection device and announces the balls selected.(4) Cashier--an individual who sells and records bingo card and pull-tab sales to bingo players and/or pays winners the appropriate prize.(5) Completed Application--A registry application or renewal form prescribed by the Commission which is legible and lists at a minimum the applicant's complete legal name, address, social security number or registry number, date of birth, gender and signature.(6) Manager--an individual who oversees the day-to-day operation of the bingo premises.(7) Operator--means an active bona fide member of a licensed authorized organization that has been designated on a form prescribed by the Commission prior to acting in the capacity as the organization's operator.(8) Provisional Employee--an individual who is employed by a licensed authorized organization as an operator, manager, cashier, usher, caller, or salesperson while awaiting the results of a background check, whether paid or not.(9) Salesperson--an individual who monitors bingo players, sells bingo cards and pull-tabs, verifies winning cards and pull-tabs and/or delivers the prize money to the winners; may be referred to as an usher, floor worker, or runner.(10) Usher--an individual who monitors bingo players, sells bingo cards and pull-tabs, verifies winning cards and pull-tabs and/or delivers the prize money to the winners; may be referred to as a salesperson, floor worker or runner.(b) Who must be listed on the Registry of Approved Bingo Workers. Any individual who carries out or performs the functions of a caller, cashier, manager, operator, usher, salesperson, bookkeeper, or bingo chairperson as defined in subsection (a) of this section must be listed on the Registry of Approved Bingo Workers prior to being involved in the conduct of bingo.(c) Each individual must submit a completed Texas Application for Registry of Approved Bingo Workers as prescribed by the Commission to remain on the Registry of Approved Bingo Workers.(d) The registrant will be added to the registry as soon as possible after the Commission has determined that the individual is eligible to be involved in the conduct of bingo or act as an operator. (e) For purposes of the Registry of Approved Bingo Workers, each operator, bookkeeper, and bingo chairperson must be designated on the licensed authorized organization's license to conduct bingo application.(f) A licensed authorized organization must submit the name of a registered operator, bookkeeper, or bingo chairperson on a form prescribed by the Commission prior to the individual's acting in that capacity.(g) A registered worker who fails to timely submit the prescribed form to renew listing on the registry may not be involved in the conduct of bingo until the individual is again added to the registry. It is the responsibility of the licensed authorized organization to review the registry to confirm that the individual's registration is current.(h) How to be listed on the Registry of Approved Bingo Workers. For an individual to be listed on the Registry of Approved Bingo Workers, an individual must:(1) submit a completed Texas Application for Registry of Approved Bingo Workers form as prescribed by the Commission;(2) submit a verifiable FBI or DPS fingerprint card if at the time of registration:(A) the individual is residing outside of Texas; or(B) the individual maintains a driver's license or registration in another state; and(3) be determined by the Commission to not be ineligible under Texas Occupations Code, §2001.105(a)(6) or the Commission's Rules.(i) Incomplete Applications. The Commission will notify the applicant at the address provided if the registry application or renewal form submitted is not complete and will identify what is missing. The original application will be returned to the applicant for correction and resubmission. It is the responsibility of the registry applicant to resubmit a completed application before it may be processed. Failure to submit an FBI or DPS fingerprint card, if required, is grounds for denial or removal of the registration.(j) An individual listed on the registry must notify the Commission of any changes to information contained on the Texas Application for Registry of Approved Bingo Workers on file with the Commission within 30 days of the change in information. Such notification shall be in writing or other approved electronic means.(k) Identification Card for Approved Bingo Worker.(1) The Commission will issue an identification card indicating that the individual is listed on the registry. A registered worker and operator must wear his/her identification card while on duty.(2) The identification card worn by the registered worker or operator while on duty must be visible.(3) The identification card shall list the individual's name, unique registration number and registry expiration date as issued by the Commission. An individual may obtain the unique registration number and registry expiration date from the Registry of Approved Bingo Workers on the Commission's website or by requesting the registration number and registry expiration date from the Commission.(4) An identification card is not transferable and may be worn only by the individual identified on the card.(5) Upon request by a Commission employee, an individual described in subsection (a) of this section shall present personal photo identification in order to verify the identification card is that individual's card.(l) How to Obtain Additional Approved Identification Cards.(1) A completed identification card may be obtained from the Commission by submitting the required form.(2) An individual who has been approved to work in charitable bingo may complete an identification card form provided by the Commission for use while on duty. Blank identification card forms may be obtained from the Commission. The individual requesting the identification card form(s) must submit any required fee and the required form for the blank identification card form.(3) The identification card prepared by the individual may only be on a prescribed Commission card form and must be legible and include the individual's name, unique registration number, and registry expiration date.(m) A licensed authorized organization which is reporting conduct where there is a substantial basis for believing that the conduct would constitute grounds for removal or refusal to list on the registry shall make the report in writing to: Bingo Registry, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630.(n) The provisions of the Texas Occupations Code §2001.313, related to the registry of bingo workers, do not apply to an authorized organization that does not have a regular license to conduct bingo who receives a temporary license to conduct bingo.(o) If the Commission proposes to refuse to add or proposes to remove the individual from the Registry of Approved Bingo Workers consistent with Texas Occupations Code §2001.313, the Commission will give notice of the proposed action as provided by Government Code, Chapter 2001.(p) An individual receiving notice that the Commission intends to refuse to add to or intends to remove the individual from the Registry of Approved Bingo Workers may request a hearing. Failure to submit a written request for a hearing within 30 calendar days of the date of the notice will result in the denial of the application or removal of the registered worker from the registry.(q) An individual who has been denied or removed from the registry because of a conviction for an offense listed under Occupations Code §2001.105(b) will not be eligible to reapply to be listed. An individual who has been denied or removed from the registry because of a disqualifying criminal conviction not listed under Occupations Code §2001.105(b) may reapply to be listed no earlier than five years after the commission of the offense, or as otherwise allowed under the Commission's Rules.(r) A provisional employee must:(1) immediately stop working:(A) after 30 days if the individual is not listed on the registry and is a resident of this state;(B) after 75 days if the individual is not listed on the registry, not a resident of this state, and submitted a fingerprint card for a background investigation. If the fingerprint cards are returned by the law enforcement agency as unclassifiable, the Commission will notify the individual, and the individual may continue to be provisionally employed by submitting a written request and new fingerprint cards within 14 days of the notification;(C) if found to be ineligible on the basis of the background investigation; and(2) wear an identification card while on duty with the registry applicant's name, \"Provisional Employment\" as the unique registration number, and the submission date of the registry application as the expiration date.(s) A licensed authorized organization who employs a provisional employee must maintain a copy of the registry applicant's completed Texas Application for Registry of Approved Bingo Workers form submitted to the Commission until the individual is listed on the registry or the licensed authorized organization is notified that the individual is not eligible to be listed. Payment for the employment of a provisional employee as outlined in subsection (a)(8) of this section is an authorized bingo expense; however, payment for non-registered workers is not an authorized bingo expense.", "sourceNote": "Source Note: The provisions of this §141.402 adopted to\r\nbe effective March 21, 2005, 30 TexReg 163; amended to be effective\r\nJune 7, 2009, 34 TexReg 3389; amended to be effective March 9, 2010,\r\n35 TexReg 2001; amended to be effective January 1, 2014, 38 TexReg\r\n9535; amended to be effective December 31, 2017, 42 TexReg 7392; amended\r\nto be effective July 12, 2018, 43 TexReg 4556; amended to be effective\r\nJanuary 2, 2020, 44 TexReg 8292; amended to be effective February\r\n27, 2025, 50 TexReg 986; transferred effective October 1, 2025, as\r\npublished in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226264", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.403", "label": "Licenses for Conduct of Bingo Occasions and to Lease Bingo Premises" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) License for Conduct of Bingo.(1) A conductor may hold only one regular license to conduct bingo occasions. The license is valid for only the specific days, times, and location indicated on the face of the license.(2) A licensed authorized organization will be licensed to conduct bingo for specific day(s) of the week at specific time(s) at a specific location and no other license may conflict with those day(s) and time(s).(b) License to lease bingo premises.(1) Each location to be leased as a bingo premises must be separately licensed pursuant to separate applications.(2) Except as required by Occupations Code, §2001.152(a), the Commission may not issue more than one license to lease bingo premises for any one location.(3) When more organizations apply to play bingo at the premises of a commercial lessor than can be licensed for the premises, the Commission will process only the number of applications for which there are openings with the commercial lessor. The Commission will process the applications in the order in which they are received. Additional applications in excess of the number that may be licensed for the commercial lessor's premises will be denied.(4) The commission may not issue a commercial lessor license to or renew the license of a person who has loaned money to an authorized organization. A loan shall include a commercial lessor's collection or acceptance of any rental payments from any accounting unit or any authorized organization more than 120 days from the date of the occasion for which the rent is attributed. This subsection is intended to prohibit a lessor from loaning money to a unit or organization by deferring their debts for more than 120 days to allow the unit or organization to demonstrate higher net proceeds than they could demonstrate if they had paid the debt. If debts are not collected within 120 days, the lessor may forgive the debt or pursue collection through a formal legal process. This rule does not apply to any payments collected or accepted by the lessor pursuant to a court order.", "sourceNote": "Source Note: The provisions of this §141.403 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nMay 2, 2010, 35 TexReg 3253; amended to be effective January 1, 2014,\r\n38 TexReg 9538; amended to be effective June 30, 2019, 44 TexReg 3102;\r\ntransferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226265", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.404", "label": "License Classes and Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) License period--For purposes of Texas Occupations Code §2001.158, the term \"license period\" means the eight (8) full calendar quarters immediately preceding the license end date.(2) License Classes and Applicable Fee Amount:(A) The annual fee for a commercial lessor license shall be as follows:(i) Class A (annual gross rentals from licensed organizations of not more than $12,000) - $132;(ii) Class B (annual gross rentals from licensed organizations of more than $12,000 but not more than $20,000) - $264;(iii) Class C (annual gross rentals from licensed organizations of more than $20,000 but not more than $30,000) - $396;(iv) Class D (annual gross rentals from licensed organizations of more than $30,000 but not more than $40,000) - $528;(v) Class E (annual gross rentals from licensed organizations of more than $40,000 but not more than $50,000) - $792;(vi) Class F (annual gross rentals from licensed organizations of more than $50,000 but not more than $60,000) - $1,188;(vii) Class G (annual gross rentals from licensed organizations of more than $60,000 but not more than $70,000) - $1,584;(viii) Class H (annual gross rentals from licensed organizations of more than $70,000 but not more than $80,000) - $1,980;(ix) Class I (annual gross rentals from licensed organizations of more than $80,000 but not more than $90,000) - $2,640;(x) Class J (annual gross rentals from licensed organizations of more than $90,000) - $3,300.(B) Manufacturer's License. The annual fee for a manufacturer's license shall be $3,000.(C) Distributor's License. The annual fee for a distributor's license shall be $1,000.(b) Original License Application.(1) Commercial License to Lease Bingo Premises.(A) License fees for an original license to lease bingo premises submitted by an authorized organization licensed to conduct bingo must be paid from the organization's bingo bank account.(B) An applicant may be required to submit additional license fees if the estimated gross rental income used to calculate the license fee is not reasonable when compared to the gross rental income at similarly situated bingo premises. These comparative amounts are used to establish the gross rental income amount upon which the applicant's license fee is based and must be submitted.(2) Understating the anticipated gross receipts or rental income from a licensed activity for any purpose by an applicant or licensed entity may be grounds for administrative disciplinary action against the licensee.(c) An organization shall re-estimate its annual gross rental income and submit any balance due in license fee amount if there is an increase within six months of the issuance of the original lessor license in:(1) the number of organizations conducting bingo at a licensed location; and(2) the number of bingo occasions conducted at the licensed location.(d) License Renewal Fee.(1) The amount of license fee to be paid upon renewal of a license to lease bingo premises is the recalculated license fee amount calculated for the preceding license period.(2) If the recalculation of the license fee amount for the previous license period reflects an underpayment of the license fee amount for that license period, the incremental difference must be submitted by the organization within 30 days of the license expiration date and before the license may be renewed.(3) Upon written request by an organization to renew its license to lease bingo premises that is in or going in administrative hold, the organization shall pay a Class A license renewal fee, plus any amount due under paragraph (2) of this subsection, in lieu of the recalculated fee amount from the preceding license period. There is no renewal license fee for an organization renewing its license to conduct bingo that is in or going in administrative hold, but the license-class-related amount used solely by the Commission to estimate the pro rata local share of prize fees related to a license to conduct bingo for such an organization is a Class A fee amount.(4) The Commission may require an amount of license fee in addition to the recalculated fee at renewal if there is a change in:(A) playing location; or(B) rental amount per occasion.(5) If a commercial lessor or a licensed authorized organization which leases bingo premises requests its license be placed in administrative hold upon the renewal of its lessor license and submits the requisite fee as set in paragraph (3) of this subsection, the Commission may require the commercial lessor to submit an additional license fee when it files the application to amend a commercial license to lease bingo premises, if the commercial lessor amends its license to begin leasing bingo premises within the first six months of the license term.(e) Two-Year License Fee Payments. An applicant for a commercial lessor license that is effective for two years must pay an amount equal to two times the amount of the annual license fee, as set in §402.404(a)(2).(f) License Class Recalculation.(1) For the purpose of determining the license class recalculation for a license to conduct bingo or license to lease bingo premises, the annual gross receipts or gross rental income, as applicable, shall be based on the four consecutive quarterly returns due immediately prior to the license expiration date.(2) For the purposes of determining the license class recalculation for a two year license to lease bingo premises, each year of the license period shall be recalculated separately. The final recalculated fee will be the total of the yearly license classes and their associated fees. The annual gross rental income shall be based on the four consecutive quarterly returns due immediately prior to the first year period and the four consecutive quarterly returns due immediately prior to the license expiration date of the second year period.(3) For accounting units, gross receipts used to recalculate the license class apportioned to a unit member will be calculated by dividing the unit's gross receipts by the total number of members during the quarter.(4) If an organization fails to file a report for one or more quarter(s) of the license period, or if there are not four quarters available for any other reason, the Commission shall average the quarterly gross receipts or gross rental income for the quarter(s) reported to determine the organization's license class.(5) License no longer exists.(A) Notwithstanding the fact that an organization which leased bingo premises under a license that ceased to exist for whatever reason, the organization must submit the recalculated license fee for the period that the organization leased the premises and collected gross rental income.(B) If an organization ceases to be licensed for whatever reason, all gross receipts or gross rental income collected (from the period after the last quarterly return used to recalculate the license class for the prior year) is used to recalculate the final license class, and if appropriate, any fee due. If the organization fails to file a return for any required period(s), an estimated return will be used. The organization shall submit any balance due after license class recalculation.(6) The Commission may recalculate license classes for up to four consecutive immediately preceding license periods if a change in an organization's reported gross receipts or gross rental income occurs as a result of an audit, or if the original recalculation was determined by using estimated gross receipts or gross rental income.(7) If there is a change in an organization's reported gross receipts or gross rental income, the organization may submit a written request to the Charitable Bingo Operations Division to recalculate its license class for up to four immediately preceding license periods.(g) Overpayment of License Fee.(1) An overpayment of a commercial lessor's annual license fee may occur either through a recalculation of the license fee pursuant to subsection (f) of this section, or if a licensee mistakenly submits more money than is actually required for the license fee(s). An overpayment of a manufacturer's or distributor's annual license fee occurs if a licensee mistakenly submits more money than is actually required for the license fee(s). The Commission will determine whether an overpayment has occurred on a case by case basis.(2) Upon a determination that an overpayment of an annual license fee has occurred, the Charitable Bingo Operations Division shall credit the overpayment to the licensee. Overpayments credited to a licensee may be used for the licensee's outstanding bingo liabilities, including subsequent license fees, but the credits must be used within four years of the latest date on which the annual license fee was due. Overpayments credited to a licensee remain eligible for refund under subsection (h) of this section until the credits are used or the four year refund period expires, whichever comes first.(3) Overpayments of annual license fees must either be used as credit or claimed for refund within four years of the latest date on which the annual license fees were due. If a licensee fails to use the credits or request a refund within this time period, the overpayments will be retained by the Commission.(h) Refunds.(1) An applicant or licensee may request a refund of the fee for an initial or renewal commercial lessor's license, initial or renewal distributor's license, or initial or renewal manufacturer's license if they request withdrawal of the application before the license is issued. Upon such a request, the Commission will retain the lesser of 50 percent of the fee or $150 and refund the rest of the fee within 30 days of receiving the request.(2) If the Commission denies an initial or renewal commercial lessor license application, initial or renewal distributor's license application, or initial or renewal manufacturer's license application, it will retain the lesser of 50 percent of the fee or $150 and refund the rest of the fee within 30 days of denying the application.(3) A current or former licensee that submits an overpayment of a regular license fee may be eligible to receive a refund of that overpayment, provided that the licensee or former licensee:(A) submits a complete written request for a refund to the Commission within four years of the latest date the regular license fees were due;(B) does not have any other outstanding bingo liabilities to the State; and(C) if applicable, files all necessary quarterly reports.(4) Upon the receipt and review of a timely and sufficient refund request, the Commission may either deny the refund request or certify to the Comptroller of Public Accounts that a refund is warranted. Pursuant to Government Code §403.077, if the Commission certifies to the Comptroller of Public Accounts that a refund is warranted, the ultimate decision on whether to grant the refund will still be made by the Comptroller of Public Accounts.(i) Transfer of Commercial License to Lease Bingo Premises. (1) All gross rental income collected in connection with a license to lease bingo premises that has been transferred during the term of the license shall be used to recalculate the license fee.(2) A license fee credit in connection with a license to lease bingo premises that was transferred during the term of the license shall be credited to the current license holder at the time of license renewal.(3) A license fee balance due for a license to lease bingo premises that was transferred during the term of the license shall be the liability of the current license holder at the time of license renewal.(j) Temporary Authorization to Conduct Bingo.(1) The amount of gross receipts collected in connection with a temporary authorization is used to calculate the regular license class.(2) An organization conducting bingo pursuant to a temporary authorization must comply with the same statutory and administrative rule requirements and quarterly return filing requirements as an organization which has a regular license to conduct bingo.", "sourceNote": "Source Note: The provisions of this §141.404 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nMay 2, 2010, 35 TexReg 3253; amended to be effective July 31, 2013,\r\n38 TexReg 4744; amended to be effective December 31, 2013, 38 TexReg\r\n9538; amended to be effective February 25, 2015, 40 TexReg 815; amended\r\nto be effective August 1, 2016, 41 TexReg 5505; amended to be effective\r\nDecember 31, 2017, 42 TexReg 7392; amended to be effective October\r\n22, 2020, 45 TexReg 7414; amended to be effective January 4, 2024,\r\n48 TexReg 8369; amended to be effective February 27, 2025, 50 TexReg\r\n986; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.405", "label": "Temporary Authorization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226267", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A temporary authorization shall be issued only to a person who is not licensed by the Commission but who has filed a complete application for an original license to conduct a charitable bingo activity.(b) Upon the applicant's request, the Commission will issue a temporary authorization for the activity requested on the license application by the 31st calendar day after the Commission's receipt of an application that is complete in accordance with §402.400(a) of this chapter if the following are in compliance with the Act and the Rules.(1) For all licenses: eligibility of all persons listed on the application requiring criminal background investigations.(2) For a commercial lessor license: eligibility of applicant as provided by Texas Occupations Code, §2001.152.(3) If an applicant asserts in writing that its application is complete, the Commission will grant or deny the application, or make a determination on temporary authorization.(c) A temporary authorization to conduct a bingo-related activity may only be issued to a person who will conduct a bingo-related activity at the same location for which the person has a pending original application to conduct a bingo-related activity.(d) A temporary authorization shall be issued for a stated period of time not to exceed 60 days. A temporary authorization may be extended upon written request by the person to whom the temporary authorization was issued. Such request must be filed with the Commission at least seven working days prior to the time the temporary authorization expires. Extensions shall be for a period of time not to exceed 60 days. No more than two extensions may be issued.(e) A request for an extension shall include:(1) the complete name of the organization requesting the extension;(2) the Texas taxpayer identification number of the organization requesting the extension;(3) a complete explanation of the basis for the request; and(4) the specific reason(s) supporting the need for an extension.(f) An organization that is not in compliance with the Bingo Enabling Act and the Charitable Bingo Administrative Rules will not be granted an extension unless the organization becomes compliant during the period of the original temporary authorization.(g) An organization conducting bingo under a temporary authorization that desires to obtain a temporary license shall be subject to the same requirements in §402.401(e) of this chapter regarding an organization not holding a regular license to conduct bingo.(h) A temporary authorization is not a license.(i) A temporary authorization may not be amended.(j) A regular license that has been issued to an applicant shall expire two years from the date of the first issuance of any temporary authorization under this section.(k) For the purposes of Texas Occupations Code, §2001.304(a), an application for an activity is considered issued or denied on the date the Commission issues a license or notice of denial to the applicant.", "sourceNote": "Source Note: The provisions of this §141.405 adopted to\r\nbe effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nMarch 9, 2010, 35 TexReg 2003; amended to be effective December 31,\r\n2017, 42 TexReg 7392; amended to be effective January 4, 2024, 48\r\nTexReg 8369; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226267", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.406", "label": "Bingo Chairperson" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226268", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensed authorized organization must have an active officer or member of the board of directors designated as the bingo chairperson at all times.", "sourceNote": "Source Note: The provisions of this §141.406 adopted to\r\nbe effective February 10, 2009, 34 TexReg 810; amended to be effective\r\nDecember 9, 2009, 34 TexReg 8689; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226268", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.407", "label": "Unit Manager" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226269", "queryAsDate": "03/11/2026" }, "ruleBody": "Notification.(1) An individual shall not provide services as a unit manager to licensed authorized organizations that have formed a unit until the following occurs:(A) the Commission receives the unit accounting agreement executed by all members of the unit with the name of the unit manager designated therein; and(B) the individual provides information to the Commission relating to the location where the unit manager services will be performed and where the records will be maintained.(2) A unit manager shall provide written notification to the Commission of any change in the information in the unit manager's most recent notification to the Commission. The unit manager shall notify the Commission of the change in the information not later than the 15th day after the date of the change.", "sourceNote": "Source Note: The provisions of this §141.407 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective December 31,\r\n2017, 42 TexReg 7392; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226269", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.408", "label": "Designation of Members" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To designate an individual as a member for purposes of Texas Occupations Code §2001.411(c-1) and other law, a licensed authorized organization must submit to the Commission a completed Designated Member form prescribed by the Commission and signed by the bingo chairperson.(b) A licensed authorized organization is responsible for all of the bingo related activities conducted by its organization's members and designated members.(c) A designated member or a licensed authorized organization may notify the Commission that the designated member's status has changed and is no longer bona fide by submitting:(1) a completed form prescribed by the Commission, or(2) a written notification signed by the bingo chairperson that states that the designated member's status has changed and is no longer bona fide and provides the effective date.(d) Removal of a designated member from all positions held for the organization is effective on the latter of the date received by the Commission or a date indicated.(e) A designated member of a licensed authorized organization may access the Bingo Services Portal in order to renew and print licenses.", "sourceNote": "Source Note: The provisions of this §141.408 adopted to\r\nbe effective May 2, 2010, 35 TexReg 3256; amended to be effective\r\nOctober 22, 2020, 45 TexReg 7414; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226270", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.409", "label": "Amendment for Change of Premises or Occasions Due to Lease Termination or Abandonment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application for a license amendment filed jointly by a licensed authorized organization and a commercial lessor in accordance with Texas Occupations Code, §2001.108 must be:(1) for the same premises, day(s), and time(s) that another licensed authorized organization that has ceased or will cease to conduct bingo is licensed to conduct bingo; and(2) on a form prescribed by the Commission.(b) For purposes of this section, \"abandonment\" means a licensed authorized organization's relinquishment of its licensed playing day(s) and time(s) at a bingo premises on the day(s) and time(s) under the license and lease agreement then in effect.(c) The application described in subsection (a) of this section must include:(1) notice to the Commission of the abandonment of licensed playing day(s) and time(s) or premises or lease termination on the appropriate form prescribed by the Commission;(2) a copy of written notification sent by the commercial lessor to the currently licensed authorized organization stating that the organization's lease has been terminated, if applicable;(3) a statement that the applicants have sent a copy of the application to the licensed authorized organization ceasing to conduct charitable bingo;(4) additional supporting documentation related to the lease termination or abandonment of the premises, such as:(A) correspondence from the licensed authorized organization that abandoned the time or premises indicating intent to abandon or other facts that could lead a reasonable person to conclude that the licensed authorized organization has abandoned its licensed premises, day(s), and time(s); and(B) certified statements from persons with direct knowledge of pertinent events.(5) the license of the organization that has ceased or will cease conducting bingo, if available.(d) An application under this section is considered filed on the date the completed application and all documents listed in subsection (c) of this section are received by the Commission.(e) The Commission will act on a joint application filed under this section:(1) no later than fourteen calendar days after the date an application relating to abandonment is filed with the Commission; or(2) no later than fourteen calendar days after the date an application relating to lease termination has been filed with the Commission or the effective date of the licensed authorized organization's lease termination, whichever is later.(f) The Commission will act on a joint application filed under this section and notify the applicants by:(1) requesting additional information;(2) denying the application; or(3) issuing an amended license.(g) If the Commission fails to act timely on an application submitted in accordance with Texas Occupations Code, §2001.108 and this section, the applicant licensed authorized organization may conduct bingo at the new premises or during the new bingo occasion until the Commission acts on the application. In such instance, the licensed authorized organization:(1) should submit written notification to the Commission of its commencement of the conduct of bingo for the specified date(s), time(s), and premises identified on the pending application.(2) must conspicuously display a copy of the written notification to the Commission at the applied for premises at which bingo is conducted at all times during the conduct of bingo.(h) The applicant licensed authorized organization must immediately cease conducting bingo for the specified day(s), time(s), and premises identified on the application upon receipt of written notification that the Commission denies the application or requests more information.(i) The denial of an application under this section does not affect a licensed authorized organization's existing regular license.", "sourceNote": "Source Note: The provisions of this §141.409 adopted to\r\nbe effective March 16, 2009, 34 TexReg 1848; amended to be effective\r\nJanuary 28, 2010, 35 TexReg 482; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226271", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.410", "label": "Amendment of a License - General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226272", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission will not approve a license amendment application with an effective date that is not within the licensed authorized organization's or commercial lessor's current license period.(b) A licensee may amend a license renewal application prior to its approval.(c) The term \"effective date\", when used in this section, means the first day that the amended changes are to begin.(d) A licensee may not begin activities under the amended license until the following have occurred:(1) the effective date; and(2) licensee's receipt and display at the playing location of official written notification or the amended license authorizing the change.(e) The fee to amend any commercial lessor, manufacturer, or distributor license issued under the Bingo Enabling Act shall be $10. The fee to amend a license to conduct bingo is $0.(f) A licensee may request a refund of any license amendment fee paid if the licensee requests withdrawal of the amendment application before an amended license is issued. Upon such a request, the Commission will refund half of any fee paid within 30 days of receiving the request. If the Commission denies an amendment application, it will refund half of any fee paid within 30 days of that denial.", "sourceNote": "Source Note: The provisions of this §141.410 adopted to\r\nbe effective February 10, 2009, 34 TexReg 810; amended to be effective\r\nJanuary 1, 2014, 38 TexReg 9539; amended to be effective February\r\n25, 2015, 40 TexReg 815; amended to be effective December 31, 2017,\r\n42 TexReg 7392; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226272", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.411", "label": "License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226273", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any license issued under the Bingo Enabling Act expires one calendar year or two calendar years from the first date of the license period, as specified on the license.(b) In order to renew a license issued under the Bingo Enabling Act, a licensee must timely file an application for renewal with the Commission. The renewal application must be on a form prescribed by the Commission. The Commission will not approve a renewal application until the application is complete and the licensee submits the requisite fee pursuant to §402.404 of this title (relating to License Classes and Fees). A licensee is solely responsible for the timely filing of an application for renewal of its regular license.(c) The Commission may notify licensees regarding the expiration of their license(s) and the potential for renewal. Failure of the licensee to receive the renewal notice(s) provided by the Commission is not a mitigating circumstance for untimely filing of a renewal application.(d) Notwithstanding subsection (b) of this section, if a renewal application is not timely filed, a licensee may renew its license by filing a complete application for renewal with the Commission and, if applicable, submitting the requisite license fee and late license renewal fee. The late license renewal fee is based on the estimated license fee for the renewal period. Penalty amounts are calculated as follows:Attached Graphic(e) Any required late license renewal fee is due within 14 calendar days of the date of the written notification by the Commission of the amount due.(f) The Commission will not issue a temporary license to a licensed authorized organization that has not filed its renewal application.(g) A late license renewal fee is not refundable.(h) License renewal applications received more than 60 days after the license expiration date will be returned unprocessed by the Commission to the sender.(i) To be complete, an application for renewal must contain all information that is required to be provided in or with the initial license application, as well as any other information required by the Commission.(1) All information submitted to the Commission must be legible, correct, and complete.(2) If any information previously submitted to the Commission with the licensee's initial license application or a previous renewal application has not changed since the information was last submitted to the Commission, the renewal applicant need not provide that information again. The applicant must certify on the renewal application that no changes have been made to the specific information since it was last submitted to the Commission.(j) Unless otherwise provided by law or rule, the general licensing provisions in §402.400 of this title (relating to General Licensing Provisions) shall govern the license renewal process, including the submission and review of the renewal application, as if the renewal application was an initial license application.(k) Except as authorized by the Charitable Bingo Operations Director, or his or her designee, license renewal applications received by the Commission more than 60 days prior to the current license expiration date will be returned unprocessed by the Commission to the sender.", "sourceNote": "Source Note: The provisions of this §141.411 adopted to\r\nbe effective January 28, 2010, 35 TexReg 482; amended to be effective\r\nJanuary 1, 2014, 38 TexReg 9538; amended to be effective February\r\n25, 2015, 40 TexReg 815; amended to be effective August 1, 2016, 41\r\nTexReg 5505; amended to be effective December 31, 2017, 42 TexReg\r\n7392; amended to be effective February 27, 2025, 50 TexReg 986; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226273", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.412", "label": "Signature Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226274", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any application, form, or other notification requiring a signature must bear the original signature of the individual signing the document.(b) For a signature to be considered original, the document must be signed by:(1) the person whose signature appears; or(2) a person who has been granted power of attorney for an individual.(c) A person who has been granted power of attorney to sign for an individual must provide a copy of the power of attorney to the Commission.(d) Without executing a power of attorney to an individual, a person may not designate another individual to sign for them in any manner or affix a stamp of their signature on their behalf. Signatures by other than the hand of the person whose signature appears or by a person granted power of attorney for the individual will be considered a false statement under Occupations Code, §2001.554, Bingo Enabling Act.(e) The Commission considers the following categories of e-mail as bearing an original signature:(1) e-mail originating from an individual whose personal e-mail address has previously been submitted to the Commission and the e-mail includes the:(A) sender's name;(B) associated organization's name; and(C) address of either the individual or organization on file with the Commission.(2) e-mail that contains a digital signature.(f) A photocopy, facsimile, or PDF version of a completed form will be considered an original document containing original signatures provided that the original document contains the original signatures.(g) The printed name of the person signing the application form should be provided for any signature at the time of filing.(h) Forms prescribed by the Commission must bear the original signature of the person(s) holding the position(s) identified on the form as being required to sign the form. The persons signing the forms must have been identified previously as holding the required position(s) by submitting a form prescribed by the Commission.(i) A form prescribed by the Commission requiring two signatures must bear the signatures of two different persons unless only one person within the organization holds both required positions.(j) Nothing in this section is intended to prohibit the use of electronic signatures that comply with the Texas Uniform Electronic Transactions Act, Chapter 322 of the Texas Business & Commerce Code.", "sourceNote": "Source Note: The provisions of this §141.412 adopted to\r\nbe effective March 16, 2009, 34 TexReg 1849; amended to be effective\r\nFebruary 25, 2015, 40 TexReg 815; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226274", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.413", "label": "Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226275", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following terms used in this section are defined in §55.001 of the Occupations Code as follows:(1) \"Active duty\" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by §437.001, Government Code, or similar military service of another state.(2) \"Armed forces of the United States\" means the army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) \"Military service member\" means a person who is on active duty.(4) \"Military spouse\" means a person who is married to a military service member.(5) \"Military veteran\" means a person who has served on active duty and who was discharged or released from active duty.(b) As soon as practicable after a military service member, military veteran, or military spouse applies in his or her individual capacity for a commercial lessor license, distributor license, manufacturer license, or listing on the bingo worker registry, the Commission will process the application and, if warranted, issue the license or list the applicant on the bingo worker registry. A military service member or military veteran must provide the Commission with definitive proof of his or her current or prior military service. A military spouse must provide the Commission with:(1) definitive proof of his or her spouse's current military service; and(2) his or her official marriage certificate or other definitive proof of his or her marriage to a military service member.(c) The Commission will waive the license fee for a military service member or military veteran that applies in his or her individual capacity for a commercial lessor license, distributor license, or manufacturer license. The applicant must provide the Commission with definitive proof of the applicant's current or prior military service.(d) The Commission will waive the license fee for a military spouse that applies in his or her individual capacity for a commercial lessor license, distributor license, or manufacturer license, provided that the applicant holds a current license issued by another state or jurisdiction that is substantially equivalent to the license for which the applicant is applying. The applicant must provide the Commission with:(1) definitive proof of his or her spouse's current military service;(2) his or her official marriage certificate or other definitive proof of his or her marriage to a military service member; and(3) a photocopy of his or her current out-of-state license that is substantially equivalent to the license for which the applicant is applying.(e) An individual licensed in his or her individual capacity as a commercial lessor, distributor, or manufacturer is exempt from the late license renewal fee provided for in §402.411(e) of this chapter if the individual can demonstrate, to the satisfaction of the Commission, that the individual failed to renew his or her license in a timely manner because the individual was serving as a military service member.(f) A military service member or a military spouse may engage in any activity for which a license or bingo worker registration is required without obtaining the applicable license or registration if the member or spouse is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for licensure in Texas. Before engaging in the activity, the military member or spouse must notify the Commission of their intent to conduct the activity in this state and must submit proof of their residency in this state along with a copy of their military identification card. Within thirty (30) days, the Commission will verify that the military service member or military spouse is currently licensed in good standing in another state that has licensing requirements that are substantially equivalent to the requirements in Texas. If so, the Commission shall authorize the military service member or military spouse to engage in the activity. The authorization is effective only for the period during which the military service member or the military service member to whom the military spouse is married is stationed at a military installation in this state, not to exceed three years. The authorization may not be renewed. The military member or spouse shall comply with all other laws and regulations applicable to the business or occupation in this state. In the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the authorization.", "sourceNote": "Source Note: The provisions of this §141.413 adopted to\r\nbe effective August 1, 2016, 41 TexReg 5546; amended to be effective\r\nDecember 31, 2017, 42 TexReg 7392; amended to be effective October\r\n31, 2019, 44 TexReg 6368; amended to be effective January 6, 2022,\r\n46 TexReg 9285; amended to be effective January 4, 2024, 48 TexReg\r\n8369; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226275", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.420", "label": "Qualifications and Requirements for Conductor's License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226276", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant must provide with its application documentation demonstrating that it meets all qualifications and requirements for a license to conduct bingo based on the type of organization it is. The qualifications, requirements, and necessary documentation for different types of organizations are shown in the chart below.Attached Graphic", "sourceNote": "Source Note: The provisions of this §141.420 adopted to\r\nbe effective December 9, 2009, 34 TexReg 8689; amended to be effective\r\nJanuary 1, 2014, 38 TexReg 9540; amended to be effective August 1,\r\n2016, 41 TexReg 5505; amended to be effective December 31, 2017, 42\r\nTexReg 7392; amended to be effective October 22, 2020, 45 TexReg 7414;\r\namended to be effective January 4, 2024, 48 TexReg 8369; transferred\r\neffective October 1, 2025, as published in the September 26, 2025,\r\nissue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226276", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.422", "label": "Amendment to a Regular License to Conduct Charitable Bingo" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226277", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed authorized organization must file a form prescribed by the Commission to amend its licensed:(1) playing days;(2) playing times;(3) playing location;(4) bingo chairperson;(5) organization name; or(6) primary business office.(b) Playing days or playing times.(1) An organization amending its playing day(s) or playing time(s) must specify on the form each playing occasion day and time that the organization intends to conduct bingo at the location. (2) The playing day(s) or time(s) specified on the form may not:(A) conflict with the playing day(s) or time(s) of any other application or license issued for that location;(B) exceed the maximum number of bingo occasions per day allowed under Texas Occupations Code, §2001.419(c) and (d); or(C) exceed three occasions during a calendar week or six hours per occasion.(c) Playing location.(1) An organization amending its playing location must return:(A) its current bingo license if available, or a certified statement signed by the bingo chairperson indicating that the license is not available, unless the license is currently in administrative hold status or its renewal application is pending; and(B) a copy of the meeting minutes recording that the organization voted to move the bingo playing location and indicating the exact playing location address and name of the location, if applicable. (2) A licensee shall display a copy of its license at the current playing location if the license was surrendered upon application for an amendment.(d) Organization name. An organization amending its organization name must submit a copy of the following:(1) all amended organizing instruments reflecting the name change;(2) written notice sent to the Internal Revenue Service updating the organization's record if the organization is required to maintain a 501(c) exemption;(3) meeting minutes recording that the organization voted to change its name; and(4) letter approving the name change from the parent organization, if applicable.(e) Primary business office location.(1) An organization may not relocate its primary business office to a different county solely for the purpose of relocating its bingo playing location. If the new location is not adjacent to the current county of its primary business office, the organization must have at least 20 percent of its members' residences located in the county to which the organization is moving.(2) An organization changing its primary business office location must submit a copy of the following:(A) meeting minutes recording that the licensed authorized organization voted to move its primary business office to the proposed location and the reason for the move;(B) if moving to a non-adjacent county, the licensed authorized organization's membership list showing names and county of residence with at least 20 percent of the members' residences located in the non-adjacent county to which the organization is moving; and(C) letter approving the organization's primary business office relocation to another county from the parent organization, if applicable.(f) Meeting minutes submitted in accordance with subsections (c)(1)(B), (d)(3), and (e)(2)(A) of this section must be signed and certified as true and correct by an officer of the organization.", "sourceNote": "Source Note: The provisions of this §141.422 adopted to\r\nbe effective February 10, 2009, 34 TexReg 810; amended to be effective\r\nJanuary 28, 2010, 35 TexReg 483; amended to be effective December\r\n31, 2017, 42 TexReg 7392; amended to be effective October 31, 2019,\r\n44 TexReg 6368; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226277", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.424", "label": "Amendment of a License by Electronic Mail, Telephone or Facsimile" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226278", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The term \"effective date,\" when used in this section, shall mean the first day that the changes to the day(s) or time(s) bingo is conducted by the organization are to begin.(b) A licensed authorized organization may change the day(s) or time(s) it conducts bingo by electronic mail, telephone or facsimile. The request should be received no later than noon the business day before the requested effective date of the amended license. (1) To change by telephone the day(s) or time(s) the organization conducts bingo, an authorized requestor must speak directly to a License and Permit Specialist in the Licensing Services Department of the Charitable Bingo Operations Division, who will verify the caller's authority to request an amendment.(2) To change by facsimile the day(s) or time(s) the organization conducts bingo, the Commission must receive a complete application at the facsimile number provided on the prescribed application form.(3) To change by electronic mail the day(s) or time(s) the organization conducts bingo, the Commission must receive a complete application at the bingo service electronic mail address provided on the prescribed application form.", "sourceNote": "Source Note: The provisions of this §141.424 adopted\r\nto be effective March 16, 2009, 34 TexReg 1850; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective December 31,\r\n2017, 42 TexReg 7392; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226278", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.442", "label": "Amendment to a Commercial Lessor License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226279", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) During the license term, a commercial lessor may apply to amend its licensed location or organization name. (b) To amend its license, a commercial lessor shall submit to the Commission the following: (1) completed application form prescribed by the Commission; (2) $10 amendment application fee; (3) original, current license except when the Commission is maintaining the license in administrative hold. A commercial lessor shall display a copy of its license at its licensed location if it has submitted the original license with an amendment application; (4) When amending organization name, additional documents if applicable as follows: (A) a copy of relevant amended organizing instruments reflecting the change in organization name; (B) if commercial lessor is also licensed to conduct bingo or an association of licensed authorized organizations that jointly own or lease premises, a signed copy of the meeting minutes when the organization voted to change its name. (5) When amending location, additional forms as follows: Attached Graphic(c) The Commission may inspect the proposed location prior to approving an amendment application. (d) The Commission will not approve an application for an amendment to change location by a commercial lessor who also holds a license to conduct bingo unless its license to conduct bingo is approved for the same location. (e) All licensed authorized organizations that will be leasing from the commercial lessor at the new location must notify the Commission of the change in commercial lessor and the lease amount to be paid before the commercial lessor license may be amended. Notification may include: (1) an annual license or amendment application filed with the Commission; (2) licensed Conductor Notification Form prescribed by the Commission; or (3) written statement of the change. (f) If the playing location is not presently licensed, the license will not be issued until at least one authorized organization that will be leasing from the commercial lessor meets all licensing requirements to conduct bingo.", "sourceNote": "Source Note: The provisions of this §141.442 adopted to\r\nbe effective November 19, 2008, 33 TexReg 9227; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226279", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.443", "label": "Transfer of a Grandfathered Lessor's Commercial Lessor License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226280", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Grandfathered Lessor's License\" means a commercial lessor license that was in effect on June 10, 1989, and that has been in effect continuously since that date.(b) The Commission's approval to transfer a Grandfathered Lessor's License from a current license holder to a new license holder does not transfer the grandfathered leasing rights. The new license holder's authority under the transferred license shall be subject to the eligibility requirements set forth in Bingo Enabling Act §2001.152(a) (and any successor statute thereto).(c) A change in the name or the ownership of a legal entity that holds a grandfathered license does not constitute a transfer of the license if the entity's Comptroller's Taxpayer Number remains the same.", "sourceNote": "Source Note: The provisions of this §141.443 adopted to\r\nbe effective August 30, 2018, 43 TexReg 5503; amended to be effective\r\nFebruary 27, 2025, 50 TexReg 986; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226280", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.450", "label": "Request for Waiver" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226281", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. The following word or term, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise: Detrimental charitable purpose waiver (waiver)--A determination by the Commission authorized under §2001.451(k) of the Act to exempt a licensed authorized organization from the requirements of §2001.451 or §2001.457 of the Act because compliance with the requirement(s) of these sections is detrimental to the organization's existing or planned charitable purposes.(b) Detrimental Charitable Purpose Waiver.(1) A licensed authorized organization may submit to the Commission an Application for Waiver to be exempt from the requirements that:(A) bingo operations must result in net proceeds over the organization's license period; or(B) a licensed authorized organization must disburse the required amount of net proceeds for charitable purposes for a specific calendar quarter.(2) An application for a waiver under subsection (b)(1) must include the following:(A) the reason for the request;(B) an explanation of how compliance with the requirement is detrimental to the organization's existing or planned charitable purposes;(C) the specific calendar quarter or license year for which the waiver is being requested, as applicable; and(D) either of the following:(i) a credible business plan for the organization's conduct of bingo or the organization's existing or planned charitable activities; or(ii) if the request is due to force majeure as defined in §402.453 of this subchapter, documentation from outside sources supporting force majeure. Examples of acceptable documentation include newspaper articles, copies of local ordinance changes, police or fire department reports, notification of road construction, or photographs. (3) A Credible Business Plan may, but is not required to include the following:(A) the specific activity or activities the organization intends to undertake as they apply to the reason for the application for waiver, including:(i) a timeline for undertaking the activities that is reasonable in light of the requested waiver period;(ii) the cost of undertaking the activities and how those costs will be managed;(iii) whether the activity or activities may reasonably be expected to increase the revenues of the organization;(B) a description of the expenses, if any, that would be avoided or reduced during the period for which the waiver would be applicable; and(C) an explanation of how the proposed activity or activities will allow the organization to correct its financial difficulties to ensure the bingo operations result in positive net proceeds.(c) The Commission may request additional information or documentation as needed to consider the application for a waiver.(d) The licensed authorized organization or unit must provide all information or documentation requested by the Commission within 21 calendar days of notice from the Commission. Failure to provide information or documentation requested by the Commission within the time frame indicated may result in disapproval of the application.(e) Criteria for Approval of Waiver Applications. The Commission may consider the following in the approval of waiver applications: (1) the credible business plan or force majeure that necessitates the organization's not meeting the requirements of §2001.451 or §2001.457 of the Act;(2) the amount of net proceeds from licensed authorized organization's or unit's bingo operations during the past two years;(3) the length of time the organization has conducted bingo;(4) the organization's history of compliance during the two-year period prior to the application for the waiver; and(5) other information that is relevant to a decision whether to grant the application.(f) Within 21 calendar days of receipt of the written application for waiver and all required attachments and documentation, the Commission will notify the organization or unit in writing of its decision to approve or disapprove the application for a waiver.(g) A business plan described by subsection (b)(3) shall be presumed credible if:(1) the application is the organization's first application for a waiver of the net proceeds requirement in the three-year period prior to the application, not including waiver requests made due to force majeure; and(2) the application is complete and sufficiently detailed to allow the commission to evaluate whether administration of the plan is reasonably within the organization's capabilities.", "sourceNote": "Source Note: The provisions of this §141.450 adopted\r\nto be effective July 5, 2010, 35 TexReg 5819; amended to be effective\r\nFebruary 3, 2013, 38 TexReg 371; amended to be effective October 22,\r\n2020, 45 TexReg 7414; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226281", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.451", "label": "Operating Capital" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226282", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words or terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Average unit member operating capital--An amount equal to the allowable retained operating capital of the unit divided by the number of unit members.(2) Bingo account--The bingo checking account, bingo savings account, and petty cash if bingo funds, of a licensed authorized organization or unit.(3) Quarterly report--The Texas Bingo Quarterly Report.(4) Retained operating capital limit--The maximum amount of funds that may be retained in the bingo account of a licensed authorized organization or unit, which is equal to the organization's or unit's actual quarterly average bingo expenses, excluding prizes paid, for the preceding license period but does not exceed $50,000 per organization.(b) The bingo account balance of a licensed authorized organization, reconciled to include outstanding checks and deposits in transit, on the last day of each calendar quarter may not exceed the total of:(1) the organization's or unit's retained operating capital limit;(2) prize fees held in the bingo account to be paid to the Commission and local governments, or to be retained under Bingo Enabling Act §2001.502(b)(3); and(3) net proceeds from the conduct of bingo for the current quarter.(c) Bingo account funds may be transferred between the bingo checking account, bingo savings account, and petty cash, where applicable. All funds from the bingo checking account, bingo savings account, and petty cash shall be included in the bingo account balance reported on the quarterly report on the last day of each calendar quarter, including funds in transit between the various accounts.(d) Licensed Authorized Organization's Calculations.(1) The retained operating capital limit for a licensed authorized organization with a regular license will be calculated for each 12-month period of the license.(2) The retained operating capital limit for a licensed authorized organization submitting the first renewal of its license to conduct bingo will be calculated based on the quarterly reports for the three (3) calendar quarters immediately preceding the license start date.(3) The retained operating capital limit is effective for the four (4) calendar quarters beginning on the first day of the calendar quarter immediately following the license start date.(e) Accounting Unit's Calculations.(1) The retained operating capital limit for an accounting unit will be calculated based on the quarterly reports for the four (4) quarter period beginning October 1 through September 30 of each year.(2) The retained operating capital limit for an accounting unit is effective from January 1 through December 31 of each year.(f) A licensed authorized organization's or unit's most recent quarterly report information at the time of the calculation will be used to calculate its retained operating capital limit. Prize fees are not included in calculation of operating capital if they are held in escrow for remittance to the commission or local governments or retained by a licensed organization under Bingo Enabling Act §2001.502(b)(3). (g) Retained Operating Capital Limits.(1) The retained operating capital in the bingo account of a licensed authorized organization may not exceed a total of $50,000 for the first year of licensure.(2) The retained operating capital in the bingo account of a newly formed unit may not exceed the total of the retained operating capital limits of all the licensed authorized organizations forming the unit.(3) If a licensed authorized organization joins a unit, the retained operating capital in the unit's bingo account may be increased by an amount that is equal to the average unit member operating capital, not to exceed a total of $50,000.(4) If a licensed authorized organization withdraws from a unit and will no longer utilize unit accounting, its retained operating capital limit will be equal to the average unit member operating capital of the unit prior to withdrawal, not to exceed a total of $50,000.(5) Upon withdrawal of a unit member, the retained operating capital in the bingo account of a unit must be decreased by an amount that is equal to the average unit member operating capital by the last day of the calendar quarter immediately following the unit member's withdrawal date.(h) Recalculation of Operating Capital.(1) A licensed authorized organization or unit that files an original or amended quarterly report for a period used to calculate its retained operating capital limit may submit a written request to the Commission to re-calculate the limit.(2) A request to re-calculate a retained operating capital limit must include:(A) the reason for the request identifying the specific quarter that the original or amended quarterly report was filed; and(B) the signature of the bingo chairperson if the request is submitted by a licensed authorized organization, the unit manager if the unit is managed by a unit manager, or the designated agent if the unit is not managed by a unit manager.(i) A licensed authorized organization or unit may apply for an increase in its retained operating capital limit.(j) The failure of a licensed authorized organization or unit to receive notification from the Commission of its retained operating capital limit by the effective date does not relieve the organization or unit from complying with the retained operating capital limit.(k) All net proceeds in excess of the retained operating capital limit must be disbursed in accordance with the Act and Rules.", "sourceNote": "Source Note: The provisions of this §141.451 adopted to\r\nbe effective July 5, 2010, 35 TexReg 5820; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective October 22,\r\n2020 45 TexReg 7414; amended to be effective January 4, 2024, 48 TexReg\r\n8369; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226282", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.452", "label": "Net Proceeds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226283", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Net proceeds from the conduct of bingo must result in a positive amount over the organization's license period.(b) Calculation of Net Proceeds for Organizations.(1) The current quarterly report information of the organization or unit will be used to determine if the bingo operations of the organization resulted in net proceeds.(2) The calculation of net proceeds for a regular license will be based on the quarterly reports for the eight (8) calendar quarters immediately preceding the license end date.(3) The calculation of net proceeds for an organization submitting the first renewal of its license to conduct bingo will be based on the quarterly reports for the seven (7) calendar quarters immediately preceding the license end date. If the bingo operations of an organization fail to result in positive net proceeds for the first renewal of a license, the Commission shall recalculate the net proceeds using the quarterly reports for the seven (7) calendar quarters immediately preceding the license end date and the quarterly report for the one (1) calendar quarter in which the license end date falls to determine compliance.(c) Calculation of Net Proceeds for Units.(1) Net proceeds for units will be calculated at the end of each quarter for the prior eight (8) quarter period.(2) Members of units failing to meet the net proceed requirement may subject their license to conduct bingo to administrative action, up to and including revocation.(3) The calculation of net proceeds for a licensed authorized organization that withdraws from a unit will be based on the following for the eight (8) calendar quarters immediately preceding the license end date:(A) the amount of distributions received from the unit; and(B) the licensed authorized organization's quarterly reports.(4) The Commission may request additional information from a member of a unit to assist in the determination of compliance with this section.(d) Net proceeds may be recalculated for an organization or unit who has filed an original or amended return for a filing period used in the calculation of net proceeds when deemed necessary by the Commission or upon written request of the bingo chairperson of an organization.(e) A licensed authorized organization may apply for a waiver from the net proceeds requirement by showing good cause that compliance is detrimental to the organization's existing or planned charitable purposes. Waiver applications must be submitted in accordance with §402.450 of this chapter (relating to Request for Waiver).", "sourceNote": "Source Note: The provisions of this §141.452 adopted to\r\nbe effective July 5, 2010, 35 TexReg 5822; amended to be effective\r\nJanuary 6, 2022 46 TexReg 9285; amended to be effective January 4,\r\n2024, 48 TexReg 8369; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226283", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "D", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§141.453", "label": "Request for Operating Capital Increase" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226284", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words or terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Force majeure--Some unforeseen event beyond the control of the licensed authorized organization or unit that results in non-compliance with specific sections of the Act or Rules.(2) Request to exceed the operating capital limit--An application to the Bingo Operations Director in accordance with §2001.451(h)(2)(B) and (j) of the Act to increase the retained operating capital limit for one organization or unit.(3) Retained operating capital--The amount of operating capital the licensed authorized organization or unit retains in the organization's or unit's bingo account.(b) Applying for a Request to Exceed Operating Capital Limit.(1) A licensed authorized organization or unit requesting to increase its operating capital limit must submit a written request prior to the end of the quarter for which the increase in its retained operating capital limit is being requested.(2) The retained operating capital limit may not be increased for the purpose of decreasing a licensed authorized organization's or unit's disbursement of net proceeds for charitable purposes.(3) A request to exceed the operating capital limit must include the following:(A) the total amount of retained operating capital requested;(B) the reason for the request;(C) the period for the increase; and(D) either of the following:(i) a credible business plan; or(ii) if the request is due to force majeure, documentation from outside sources supporting force majeure or evidence of circumstances beyond the control of the organization. Examples of acceptable documents include newspaper articles, copies of local ordinance changes, police or fire department reports, notification of road construction, or photographs.(4) A credible business plan for the organization's bingo operation may include the following:(A) the stated project goal of the organization as it applies to the request;(B) a detailed description of the charitable activities of the organization for the four quarters immediately preceding the request;(C) a detailed description of the proposed charitable activities for the time period of the request;(D) a cost for the project goal; and(E) the period of time required to accomplish the project goal.(c) An organization that has been licensed to conduct bingo for less than one year may provide a detailed explanation of why the increase in the operating capital limit is necessary in lieu of a credible business plan.(d) The Commission may request additional information or documentation as needed to consider the request to exceed the operating capital limit.(e) The licensed authorized organization or unit must provide all information or documentation requested by the Commission within 21 calendar days of notice from the Commission. Failure to provide information or documentation requested by the Commission within the time frame indicated may result in disapproval of the request.(f) Criteria for Approval. The Commission shall consider the following in the approval of requests to exceed the operating capital limit:(1) the reason or circumstances beyond the control of the organization, including force majeure, that necessitates the increase in retained operating capital;(2) the project goal and eventual charitable use of bingo proceeds applicable to the organization's charitable purposes as defined in §2001.454 of the Act;(3) the necessity of the project goal;(4) the amount of net proceeds from the licensed authorized organization's or unit's bingo operations during the past one or more years; and(5) the length of time the organization has conducted bingo and compliance history.(g) Within 21 calendar days of receipt of the written request to exceed the operating capital limit and all required attachments and documentation, the Commission will notify the organization or unit in writing of the decision to approve or disapprove the request.(h) An organization or unit may not increase its retained operating capital until it is notified by the Commission of the approval of the request.(i) An organization or unit whose circumstances or credible business plan changes may submit a new request.", "sourceNote": "Source Note: The provisions of this §141.453 adopted to\r\nbe effective July 5, 2010, 35 TexReg 5823; amended to be effective\r\nFebruary 3, 2013, 38 TexReg 372; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226284", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "E", "label": "BOOKS AND RECORDS" }, "rule": { "number": "§141.500", "label": "General Records Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226285", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees shall retain for four years all information and records required to be maintained by the Bingo Enabling Act (Texas Occupations Code, Chapter 2001) or the Charitable Bingo Administrative Rules.(b) Unless otherwise prescribed by Commission rule, a licensee may maintain information in a form determined by the licensee as long as that form includes the information required by the Bingo Enabling Act and the Charitable Bingo Administrative Rules.(c) Upon request of the Commission, a licensee shall provide any information required to be maintained by the Bingo Enabling Act and the Charitable Bingo Administrative Rules. Except in cases of emergency, the Commission shall provide reasonable advance notice of the specific information and records needed and the time and location at which they must be made available.(d) An organization that conducts bingo in more than one location must record each occasion separately and include for each occasion the municipality and county where the occasion was held, the total amount of prizes awarded, and the prize fees to be distributed to the state and the local governments where the occasion was held, if applicable.(e) Bingo uses cash basis accounting, which records revenue and expenses when the cash related to those transactions is actually received or dispensed.", "sourceNote": "Source Note: The provisions of this §141.500 adopted to\r\nbe effective April 15, 2008, 33 TexReg 2952; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective January 2,\r\n2020, 44 TexReg 8292; amended to be effective February 27, 2025, 50\r\nTexReg 986; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226285", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "E", "label": "BOOKS AND RECORDS" }, "rule": { "number": "§141.501", "label": "Charitable Use of Net Proceeds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226286", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed authorized organization shall devote all net proceeds of conducting bingo and any rental of premises for the conduct of bingo to the exempt purpose under which the organization qualifies as a nonprofit or otherwise authorized organization in accordance with §2001.002 of the Bingo Enabling Act and §501(c) of the Internal Revenue Code.(b) A licensed authorized organization may not use net proceeds of the conduct of bingo and any rental of premises for the conduct of bingo, directly or indirectly, to inure to the benefit of any private shareholder, individual, officer, governing body or member other than as reasonable compensation for services rendered or if for a cause or deed consistent with its charitable purpose.(c) A licensed authorized organization is required to ensure that all funds given to another organization, auxiliary, or any other person are used as required in this chapter and the Bingo Enabling Act.(d) Proceeds will not be considered as used for the charitable purposes of the organization without documentation to substantiate the use of proceeds.", "sourceNote": "Source Note: The provisions of this §141.501 adopted to\r\nbe effective April 24, 2011, 36 TexReg 2387; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226286", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "E", "label": "BOOKS AND RECORDS" }, "rule": { "number": "§141.502", "label": "Charitable Use of Net Proceeds Recordkeeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226287", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An organization must maintain and upon request make available to a representative of the Commission or designee:(1) a copy of the organization's organizing documents; (2) other enabling documents, any amendments and any adopted bylaws which provide in writing the specific cause, deed or activity that is consistent with the organization's purposes and objectives for which bingo net proceeds will be used; and(3) a copy of the applicant organization's four most recently filed Internal Revenue Service Form 990, if applicable.(b) The Commission may request supplemental information from an organization in order to substantiate compliance with the Bingo Enabling Act, §2001.454.(c) Record Keeping: (1) In accordance with the Bingo Enabling Act, the licensed authorized organization must have documentation for all proceeds used for charitable purposes to substantiate the use of the funds for purposes consistent with the exempt purposes of the licensed authorized organization.(2) All distributions for charitable purposes must be made from the bingo checking account. A distribution made from the bingo checking account into another account maintained by the organization must be substantiated with documentation and used for a cause, deed, or activity dedicated to the charitable purposes of the organization consistent with the 26 U.S.C. §501 tax exemption of the organization or the purposes or objective for which the organization qualifies as an authorized organization.(3) Accounting units must make distributions for charitable purposes from the unit bingo checking account to the unit member. The unit member must maintain sufficient documentation to verify the disbursed funds were used for its charitable purposes.(4) A licensed authorized organization must maintain bank statements, canceled checks and deposits slips or images of them, and bank reconciliations for all accounts to which it deposits charitable distributions from the proceeds of bingo.(5) A licensed authorized organization must maintain documentation for all charitable distributions made to individuals or other organizations. These include:(A) the complete name, address, phone number, and contact person for the individual or organization receiving the donation; and(B) an invoice, receipt, thank you note, or other written acknowledgement of the distribution including the date and amount of the donation.(6) A licensed authorized organization must maintain documentation for all charitable distributions used for its exempt purposes. Documentation includes:(A) invoices, receipts, or other proof of payment for actual expenses incurred for these purposes; and(B) calendars, floor plans, or other information used to pro-rate any expenses where only a portion of the expense is considered a legitimate exempt use of charitable distributions.(7) A licensed authorized organization must maintain documentation for all charitable distributions as to how the use of the funds relates to the cause, deed, or activity dedicated to the charitable purposes of the organization consistent with the 26 U.S.C. §501 tax exemption of the organization or the purposes or objective for which the organization qualifies as an authorized organization.(8) A licensed authorized organization must maintain minutes of any meeting where the use of bingo proceeds or other activities related to the conduct of bingo is discussed.(9) An organization transferring funds to its bingo account in accordance with §2001.451 of the Act must maintain documentation showing that the transferred funds were not originally bingo proceeds.(10) A licensed authorized organization must maintain for four years records to substantiate the use of net proceeds.(11) Reimbursement or direct payment for member or employee travel expenses will only be considered as used for the charitable purposes of the organization if the following records are provided to the Commission upon request:(A) the itinerary of a seminar, convention, or retreat showing that the purpose of the seminar, convention, or retreat was primarily to discuss the charitable functions and purposes consistent with the 26 U.S.C. §501 tax exemption of the organization or the purposes or objective for which the organization qualifies as an authorized organization; and(B) the original or true and correct copies of receipts and cancelled checks showing the date and amount of the contribution for actual out-of-pocket reasonable or necessary expenses such as hotel, airline tickets, meals, etc., and the corresponding request for payment or reimbursement maintained by the organization.", "sourceNote": "Source Note: The provisions of this §141.502 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nApril 24, 2011, 36 TexReg 2388; amended to be effective October 22,\r\n2020, 45 TexReg 7414; amended to be effective February 27, 2025, 50\r\nTexReg 986; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226287", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "E", "label": "BOOKS AND RECORDS" }, "rule": { "number": "§141.503", "label": "Bingo Gift Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226288", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A bingo gift certificate may be sold, issued, or redeemed for bingo paper, pull-tab bingo or card-minding devices provided that the licensed authorized organization or unit, as defined in Occupations Code, §2001.431(1), maintains adequate records relating to the gift certificate as provided in this section.(b) A licensed authorized organization's cost of printing the bingo gift certificate is an allowable bingo expense and shall be paid out of the bingo checking account. In order to maintain adequate records relating to gift certificates, all gift certificates shall be pre-numbered and consecutively issued.(c) A bingo gift certificate may not be awarded as a prize for bingo unless the value of the certificate is paid for by the licensed authorized organization and recorded as a bingo prize on the daily schedule of prizes for the bingo occasion.(d) A bingo gift certificate may not be awarded as a door prize unless the value of the certificate is paid for before it is awarded as a door prize.(e) Each bingo gift certificate shall be:(1) imprinted with the name and address of the licensed location(s) where the gift certificate may be redeemed for bingo paper, pull-tab bingo or card-minding devices;(2) imprinted with the monetary value of the certificate;(3) imprinted with the name of the licensed authorized organization(s) authorized to accept the bingo gift certificate at the licensed location;(4) imprinted with the expiration date or a blank space for the licensed authorized organization or unit to fill in an expiration date; and(5) paid for by the customer in full at the time it is issued by the licensed authorized organization or unit.(f) A licensed authorized organization may not accept a gift certificate in exchange for bingo paper, pull-tab bingo or card-minding devices if the licensed authorized organization is not licensed to conduct bingo at the licensed location(s) imprinted on the gift certificate.(g) Reporting Requirements:(1) Funds from the sale of the gift certificate shall be maintained separately from the bingo funds. Such funds are not considered bingo funds until the gift certificate is redeemed for a bingo card, pull-tab bingo, or a card-minding device.(2) Funds remaining from an expired or unredeemed gift certificate shall be disbursed equally among the participating licensed authorized organizations and deposited into each of their respective general fund accounts.(3) When a gift certificate is redeemed, the sale of bingo paper, card-minding device, or pull-tab bingo shall be reported for that occasion. The gift certificate, when redeemed, shall be exchanged for cash from the gift certificate funds and deposited into the bingo account by the end of the third business day after the bingo occasion.(4) At the end of each month, the licensed authorized organizations collectively shall reconcile the gift certificates purchased, sold, expired, redeemed, or remaining during the month to the cash on hand.(h) Records Retention. The purchase invoice or receipt from the printing of a gift certificate and the reconciliation documents relating to the sale or redemption of gift certificates must be maintained and available for inspection by the Commission for a period of four years.(i) Gift Certificate Log. A gift certificate log shall be maintained collectively by the participating licensed authorized organizations at the location(s) and shall include the following for each gift certificate:(1) certificate number;(2) certificate value;(3) date of issue;(4) expiration date;(5) date of redemption; and(6) if awarded as a bingo or door prize, the date of the bingo occasion and the date the prize is awarded.", "sourceNote": "Source Note: The provisions of this §141.503 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nFebruary 3, 2013, 38 TexReg 372; amended to be effective January 2,\r\n2020, 44 TexReg 8292; amended to be effective January 4, 2024, 48\r\nTexReg 8369; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226288", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "E", "label": "BOOKS AND RECORDS" }, "rule": { "number": "§141.504", "label": "Debit Card Transactions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226289", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) ATM card--An automated teller machine card which allows the holder to withdraw money directly from the holder's bank account. An ATM card is ordinarily utilized in conjunction with a PIN selected by the holder.(2) Check card--Another name for a debit card, a check card may display the logo of the banking institution where the funds supporting the card are held in account.(3) Debit card--A card which may be used as a means of payment under arrangements which do not provide for the extension of credit to the cardholder. The use of a debit card results in a deduction of the transaction amount directly from the cardholder's bank account maintained at the authorizing banking institution. Debit cards come in two forms commonly known as ATM cards and check cards.(4) PIN--A personal identification number which is used as a secure or protected password used in conjunction with a debit card. A PIN may sometimes be used as an electronic signature in transactions involving a debit card.(5) PIN pad--Equipment which may be leased from a vendor and used to identify debit card holders by verifying the authorized PIN submitted during a debit card transaction.(b) A debit card may be accepted only in place of United States currency or a check drawn on a funded bank account.(c) Records.(1) Upon request, a debit card transaction sales receipt must be provided to the purchaser that uses a debit card to buy or use bingo paper/cards, electronic bingo devices or pull tabs. An electronic or hard copy of the debit card transaction sales receipt must be kept by the licensed authorized organization or Unit in order to substantiate compliance with the Bingo Enabling Act and the Charitable Bingo Administrative Rules.(2) Each licensed authorized organization or unit which accepts payment by debit card must maintain records to substantiate:(A) the timely deposit of funds derived from debit card transactions into the organization's or unit's bingo account; and(B) the fees and expenses related to debit card transactions during the calendar quarter in which the debit card transactions occurred.(3) All debit card transactions must be reported on the quarterly reports covering the time period in which the transactions occurred.(4) All records relating to debit card transactions must be kept for four years.", "sourceNote": "Source Note: The provisions of this §141.504 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226289", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "E", "label": "BOOKS AND RECORDS" }, "rule": { "number": "§141.505", "label": "Permissible Expense" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226290", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following terms, when used in this section shall have the following meanings:(1) Reasonable expense--An amount of expense appropriate as it relates to the conduct of bingo; an expense that is moderate or fair in the amount, not extreme or excessive; an amount paid that does not substantially exceed the current rate or average retail cost of items or services purchased.(2) Necessary expense--A type of expense essential for the conduct of a bingo.(b) The Commission will consider the following in determining the reasonableness of an expense:(1) Whether the amount of the expense incurred exceeds that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the costs;(2) Whether the individuals authorizing the amount of the expense acted with prudence in the circumstances, considering their responsibilities to the organization;(3) Whether there was significant deviation from the established practices of the organization which unjustifiably increased the amount of the expense incurred; and(4) Whether the licensed authorized organization engaged in arms-length transactions and generally accepted sound business practices.(c) The Commission will consider the following in determining the necessity of an expense:(1) Whether the goods or services provided were justifiably required to support the conduct of bingo;(2) Whether the expense was of a type generally recognized as an expense for the conduct of bingo; and(3) Whether the expense might contribute to an increase in the proceeds available for charitable distribution.(d) Allocation of expense--The licensed authorized organization may pay only its proportional share of any shared expenses.(1) Expenses incurred that are shared with an activity not related to the conduct of bingo must be allocated to the extent in which the bingo operation benefited from the product or service.(2) Expenses must be allocated on a reasonable basis among the activities that benefited.(3) The licensed authorized organization must maintain documentation to support its portion of the shared expense, including the basis upon which the expense was allocated among the benefiting activities.(e) The licensed authorized organization is responsible for maintaining documentation to substantiate the permissibility of expenses incurred for the conduct; administration and operation of bingo. Detailed records, including receipts or copies of invoices that fully document and substantiate the bingo expenses must be complete, true, and accurate, and be maintained for 4 years.(f) Expenses must conform to any limitations or exclusions set forth in the Bingo Enabling Act or Charitable Bingo Enabling Rules as to types or amount of expense items.", "sourceNote": "Source Note: The provisions of this §141.505 adopted to\r\nbe effective May 10, 2007, 32 TexReg 2466; transferred effective October\r\n1, 2025, as published in the September 26, 2025, issue of the Texas\r\nRegister, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226290", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "E", "label": "BOOKS AND RECORDS" }, "rule": { "number": "§141.506", "label": "Disbursement Records Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226291", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensed authorized organization or unit shall maintain records to substantiate bingo expenses. Bank statements, cancelled checks and cancelled check images may not be adequate to substantiate bingo expenses.(b) Examples of records that are acceptable to substantiate bingo expenses for each type of expense are:(1) Invoices, itemized billing statements, sales receipts, or similar documents that have information about the items purchased or services provided and contain the following details:(A) the name and contact information of the person or entity selling the goods or providing the service;(B) an adequate description of goods or services purchased; (C) the quantity of each product purchased or service received;(D) the price of each product purchased or service received which may include the pricing information for services provided pursuant to a service agreement;(E) the total dollar amount billed; and(F) the date of the transaction.(2) Written lease agreement between the commercial lessor and the licensed authorized organization or unit stating the amount of rent charged for the use of bingo premises. If there is no written agreement, the organization must support the rental payments with an invoice from the lessor stating location, rental dates, and rental amounts by occasion.(3) Rent forgiveness letter or lease amendment signed by the commercial lessor stating the amount of any rent forgiven or permanently or temporarily reduced.(4) Payroll records that include a listing for each employee showing:(A) primary position worked;(B) date and occasion number worked (if more than one occasion held on a single day);(C) total number of hours worked per occasion (if paid hourly);(D) rate and criteria (hourly, per occasion, etc.);(E) gross wages;(F) all taxes and payroll deduction amounts; and(G) net payroll amount.(5) Federal and state payroll tax returns, including related deposit slips and receipts or other documentation that the deposits were accepted.(6) Documentation of the payment of other federal, state, and local taxes, which may include tax returns, 1099's and property tax paid.(7) Actual or imaged bank statements, deposit slips and cancelled checks or cancelled check images, to the extent available from the financial institution.(8) Debit card transactions reports.(9) The purpose, amount and payee for each electronic transfer from the organization's bingo checking account.(10) A licensed authorized organization or unit shall maintain records to document any expenses, including incidental expenses, for promotions or door prizes, including any advertisements, flyers, game schedules, or documents reflecting any special pricing structures.(c) The licensed authorized organization or unit shall maintain records to document the allocation method for bingo expenses which are shared by organizations in a hall.(d) The licensed authorized organization or unit shall maintain records to document the allocation method for expenses that are divided between bingo and non-bingo operations of the organization and the allocation of the expenditure between bingo expense and charitable distribution.(e) All expenses from the bingo checking account must be listed on a Cash Disbursements Journal on forms provided by the Commission or in another format that shows the information for each check written, electronic fund transfers, bank fees, and cash shortages or overages. If any licensed authorized organized organization maintains its records on a commercially available accounting software package (e.g. Quicken), use of the standard accounting features of the package shall meet the requirements of this section.(1) A Cash Disbursements Journal shall be maintained on a cash basis and include information for checks written, electronic fund transfers, bank fees and cash shortages or overages that are dated during the calendar quarter.(2) Cash Disbursement Journal Required Information:(A) date of check, withdrawal or electronic funds transfer transaction;(B) check number, transaction number or confirmation number;(C) name of payee;(D) amount of expense;(E) expense category--each expense item shall correspond to the category on the Texas Bingo Quarterly Report; and(F) totals--Each expense category shall be totaled quarterly and match the information reported to the Commission on the Texas Bingo Quarterly Report. Any changes made on the Texas Bingo Quarterly Report shall be documented on the Cash Disbursements Journal.(f) A licensed authorized organization or unit shall maintain sufficient funds in the bingo checking account to cover all checks written and electronic fund transfers. Bank fees incurred because the organization fails to maintain sufficient funds in its account to cover expenditures from the bingo account may not be considered a reasonable or necessary expense.(g) All disbursement records must be complete, accurate, legible, and maintained for four (4) years by the licensed authorized organization.", "sourceNote": "Source Note: The provisions of this §141.506 adopted to\r\nbe effective April 15, 2008, 33 TexReg 2953; amended to be effective\r\nJuly 5, 2010, 35 TexReg 5823; amended to be effective August 1, 2016,\r\n41 TexReg 5505; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226291", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "E", "label": "BOOKS AND RECORDS" }, "rule": { "number": "§141.511", "label": "Required Inventory Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226292", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed authorized organization or unit shall maintain a perpetual inventory of:(1) disposable bingo cards described in subsection (d) of this section; and(2) pull-tab bingo tickets described in subsection (e) of this section.(b) Each perpetual inventory shall account for all sold and unsold disposable bingo cards and pull-tab bingo tickets, as well as inventory items designated for destruction.(c) The licensed authorized organization may be held responsible for the gross receipts and prizes associated with missing or unaccounted for disposable bingo cards and pull-tab bingo tickets.(d) The perpetual inventory of disposable bingo cards shall contain:(1) organization's or unit's name and taxpayer number;(2) serial and series number and the color of the paper or border (For UPS pad, use the top sheet for obtaining color, serial and series numbers.);(3) number of faces (ON) and number of sheets (UP);(4) number of sheets or UPS pads for each serial and series number remaining after each occasion;(5) occasion date(s) the paper was used;(6) number of sheets or packs sold, missing or damaged by date; and(7) initials of person entering the information per occasion.(e) The perpetual inventory of pull-tab bingo tickets shall contain:(1) organization's or unit's name and taxpayer number;(2) form number;(3) serial number;(4) number of tickets per deal;(5) number of tickets sold, missing, or damaged by occasion date;(6) number of pull-tab tickets remaining if the deal is closed; and(7) occasion date(s) the pull-tab tickets were sold.(f) The Commission shall provide a form for maintaining perpetual inventory. A license authorized organization may, but is not required to use the form.", "sourceNote": "Source Note: The provisions of this §141.511 adopted to\r\nbe effective April 15, 2008, 33 TexReg 2956; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective January 2,\r\n2020, 44 TexReg 8292; amended to be effective October 22, 2020, 45\r\nTexReg 7414; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226292", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "E", "label": "BOOKS AND RECORDS" }, "rule": { "number": "§141.514", "label": "Electronic Fund Transfers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226293", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Electronic Fund Transfers. Electronic fund transfers (EFT) refers to the transfer of funds using a computer system, electronic terminal, telephone, mobile phone, or other non-paper based method that may be used for both credit transfers, such as deposits into an account, and debit transfers, such as deposits into an account, and debit transfers, such as payments from an account.(b) Controls Over Electronic Fund Transfers.(1) Licensed authorized organizations or units shall use for all EFT transactions the same financial policies, procedures, and controls that govern disbursement by check and the receipt of funds into the bingo bank account. (See §2001.452 of the Bingo Enabling Act and §402.505 of this chapter (relating to Permissible Expense) and §402.506 of this chapter (relating to Disbursement Records Requirements)).(2) The licensed authorized organization or unit shall implement the following controls for EFT transactions.(A) Only authorized person(s) shall be allowed to execute an EFT transaction on behalf of the organization or unit.(B) The licensed authorized organization or unit shall maintain documentation of approval of changes in the person(s) authorized to execute electronic funds transfers. Documentation may include but is not limited to: meeting minutes, bank account signature cards, or copies of applications to the financial institution to authorize individuals access to perform on-line banking in association with the bingo bank account or unit bank account.(3) The bingo chairperson, or in the case of an accounting unit, the individual authorized in writing by each unit member's bingo chairperson, and bookkeeper shall review accounting records and bank statements to ensure that only authorized EFTs are executed. Each EFT shall be accounted for when completing monthly bank reconciliations. (c) Recordkeeping for Electronic Funds Transfers.(1) EFT receipts into the bingo bank account shall be recorded in the accounting records. At a minimum the organization or unit must record the following information regarding EFT receipts:(A) payer name;(B) amount paid;(C) date paid;(D) purpose of the funds received; and(E) the EFT confirmation receipt, if provided.(2) The organization or unit shall maintain in its accounting records a copy of each EFT payment transaction together with the invoice or billing statement. The following information must be maintained supporting the payment:(A) payee name;(B) amount paid;(C) date paid;(D) account number from which the transfer is made;(E) nature of payment;(F) the name of the person executing the EFT transaction on behalf of the organization or unit; and(G) the EFT confirmation receipt, if provided.(3) All records relating to electronic fund transfers into or out of the bingo checking account of a licensed authorized organization or unit must be retained for a period of not less than four years.(d) Discrepancies or Misapplication of Electronic Fund Transfers. The bingo chairperson or other person authorized to sign on the bingo bank account shall notify the organization's financial institution immediately to report problems or if it is suspected that someone has access to the bingo bank account without authorization.", "sourceNote": "Source Note: The provisions of this §141.514 adopted to\r\nbe effective July 5, 2010, 35 TexReg 5826; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226293", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "F", "label": "PAYMENT OF TAXES, PRIZE FEES AND BONDS" }, "rule": { "number": "§141.600", "label": "Bingo Reports and Payments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226294", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On or before the 25th of the month prior to the end of the calendar quarter, the Commission may provide reminder notifications to licensees regarding upcoming filing deadlines.(b) Quarterly reports, supplements, and payments due to be submitted on a date occurring on a Saturday, Sunday, or legal holiday will be due the next business day. The report will be deemed filed in accordance with Rule §402.105.(c) Signature provisions.(1) For the valid filing of paper quarterly reports and supplements, the bingo chairperson, an officer, director, or bookkeeper must sign the report. By signing a report, the bingo chairperson, officer, director, or bookkeeper declares that the information in the report is true and correct to the best of their knowledge and belief.(2) For the valid filing of electronic quarterly reports and supplements, the signature will be the email address of the person sending the quarterly report.(d) Quarterly Report for information relating to the conduct of bingo games.(1) An authorized organization holding a regular license, temporary license, or a temporary authorization to conduct bingo must file on a form prescribed by the Commission or in an electronic format prescribed by the Commission a quarterly report for financial and statistical information relating to the conduct of bingo games. The report and supplements must be filed with the Commission on or before the 25th day of the month following the end of the calendar quarter even if there were no games conducted during that quarter. Failure to file a required report or supplement by the due date may result in an administrative penalty.(2) The report and supplements must be filed under oath attesting to the information being true and correct. Each officer and director is responsible for knowing the contents of the report and supplements. The person signing the report must promptly provide a copy of the report and supplements to such officer and director upon his/her request.(3) The Commission may deny a renewal application of an authorized organization holding a regular license or revoke a license of an authorized organization holding a regular license if the licensee remits to the Commission two insufficient checks for prize fees within four quarters.(e) Quarterly report for information relating to the lease of bingo premises.(1) A commercial lessor holding a license to lease bingo premises must file on a form prescribed by the Commission or in an electronic format prescribed by the Commission a quarterly report stating the rental income received. The report shall also include information regarding property taxes, insurance premiums, and utility expenses which are paid by the lessor, and reimbursed by an authorized organization or unit to the lessor. The report and supplements must be filed with the Commission on or before the 25th day of the month following the end of the calendar quarter regardless of whether income was received. Failure to file a required report or supplement by the due date may result in an administrative penalty.(2) The report and supplements must be filed under oath attesting to the information being true and correct. Each officer and director is responsible for knowing the contents of the report and supplements. The person signing the report must promptly provide a copy of the report and supplements to such officer and director upon his/her request.(f) Quarterly report for information relating to a manufacturer or distributor license.(1) A manufacturer or distributor shall file a report on a form prescribed by the Commission or in an electronic format prescribed by the Commission, reflecting each sale or lease of bingo equipment, and the total sales of cards, sheets, pads and instant bingo to a person or organization in this state or for use in this state.(2) The report and supplements shall be filed with regard to each calendar quarter and is due on or before the last day of the month following the end of the quarter.(3) The report and supplements must be filed under oath attesting to the information being true and correct.(4) The Commission will deny a renewal application or revoke a license of a manufacturer or distributor where the licensee has failed to timely file with the Commission the required reports or supplements three times within four consecutive quarters.(5) Failure to file a required report or supplement by the due date may result in an administrative penalty.(g) A manufacturer or distributor shall use the eleven digit taxpayer number on file with the Commission when submitting information relating to the sale or lease of bingo equipment, sales of cards, sheets, pads and instant bingo. If six or more taxpayer numbers are incorrect on the report, the Commission will return the report to the manufacturer or distributor for correction. The licensee has thirty (30) calendar days to correct the taxpayer numbers and return the corrected report to the Commission. If five or less taxpayer numbers are incorrect, the Commission will notify the licensee of the taxpayer numbers that were changed and the correct numbers to be used in the future.(h) Failure to receive forms. The failure of a licensee to receive forms from the Commission does not relieve the licensee from the requirement of filing reports and remitting prize fees as applicable on a timely basis.(i) Incorrect calculation of \"Texas Bingo Conductor's Quarterly Report\". If the total receipts and total expenses do not total correctly, the Commission will mail the conductor a letter, with a copy of the adjusted report, stating an adjustment has been made to the quarterly report. If the adjusted quarterly report is correct, the licensee will maintain the copy in its file and no further action is required. If the licensee does not agree with the adjusted quarterly report, an amended quarterly report reflecting the correct data must be submitted to the Commission by the licensee.(j) The licensed authorized organization must resolve or correct quarterly report exceptions within thirty (30) calendar days from the date of notice.(k) The Commission will deny a renewal application for a license to conduct bingo or a license to lease bingo premises or revoke a license to conduct bingo or a license to lease bingo premises if the licensee has failed to pay timely the prize fee due three times within four consecutive quarters and a final jeopardy determination has been made by the Commission for three of the four consecutive quarters in accordance with Occupations Code §2001.510 and §2001.511. (l) Extensions.(1) Filing extension because of natural disaster.(A) The Director will grant to a licensee who has been identified as a victim of a natural disaster an extension of not more than 90 days to file a quarterly report and supplements or pay prize fees provided the licensee has filed a timely request for an extension. In determining the natural disaster victims, the Commission shall recognize the counties that have been identified by the Office of the Governor or the Comptroller of Public Accounts.(B) The person owing the quarterly report, supplements, or prize fees must file a written request for an extension at any time before the expiration of five working days after the original due date in order to obtain an extension.(C) If an extension under this paragraph is granted, interest on the unpaid prize fee does not begin to accrue until the day after the day on which the extension expires, and prize fees and penalties are assessed and determined as though the last day of the extension were the original due date.(2) Filing extension for reasons other than natural disaster.(A) The Director may grant an extension of not more than thirty (30) days for the filing of a quarterly report and supplements. Before a request for extension may be granted, a written request setting out the reasons or grounds for an extension and 90% of the prize fees estimated to be due must be received by the Commission postmarked on or before the due date of the quarterly report.(B) The granting of a request is within the discretion of the Director and the licensee will be notified in five working days of the request of the decision of the Director.(C) If the request is denied, there will be no penalty assessed if the return is filed and remaining prize fee is paid not later than ten days from the date of the denial of the request of the extension.(3) A request postmarked after the due date for the filing of a request will not be considered.(m) Rounding. Quarterly report entries must be rounded to whole dollar amounts, where indicated. To round off amounts to the nearest whole dollar, drop amounts under 50 cents and increase amounts from 50 - 99 cents to the next dollar. A quarterly report will not be considered inaccurate based on rounding numbers provided that such rounding does not result in more than a $5.00 variance when all entries are summed up.", "sourceNote": "Source Note: The provisions of this §141.600 adopted to\r\nbe effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nApril 18, 2006, 31 TexReg 3254; amended to be effective July 5, 2010,\r\n35 TexReg 5827; amended to be effective September 13, 2012, 37 TexReg\r\n7095; amended to be effective August 1, 2016, 41 TexReg 5505; amended\r\nto be effective January 4, 2024, 48 TexReg 8369; amended to be effective\r\nFebruary 27, 2025, 50 TexReg 986; transferred effective October 1,\r\n2025, as published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226294", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "F", "label": "PAYMENT OF TAXES, PRIZE FEES AND BONDS" }, "rule": { "number": "§141.601", "label": "Interest on Delinquent Tax" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226295", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Interest on Delinquent Tax.(1) The yearly interest rate on delinquent prize fees is variable and is the prime rate plus one percent, as published in The Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday.(2) Delinquent taxes draw interest beginning 60 days after the date the taxes are due.(b) Interest on Refund or Credit.(1) Except as provided by paragraphs (1) and (2) of subsection (a), interest is at the rate set out in subsection (a)(1), for the amount found to be erroneously paid by the licensee for prize fees for a period, as determined by the Charitable Bingo Operations Division:(A) beginning on the later of 60 days after the date of payment or the date the quarterly report is required to be filed with the Charitable Bingo Operations Division; and(B) ending on either the date of allowance of credit on account of the Charitable Bingo Operations Division's decision or audit or a date not more than ten days before the date of the refund warrant, as determined by the Charitable Bingo Operations Division.(2) A credit of $100.00 or less entered by a licensed authorized organization or lessor on its quarterly report does not accrue interest. The credit will be accessible for viewing in the Bingo Service Portal or through the agency's system for any inquiries regarding the current filing quarter. A credit taken by a licensed authorized organization or lessor on the quarterly report does not accrue interest.(3) For a refund processed for a fee due, the rate of interest is the rate set out in subsection (a)(1) of this section.(4) A warrant for interest payments shall be drawn against the fund or account into which the overpaid prize fee was deposited.", "sourceNote": "Source Note: The provisions of this §141.601 adopted\r\nto be effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nOctober 22, 2020, 45 TexReg 7414; amended to be effective February\r\n27, 2025, 50 TexReg 986; transferred effective October 1, 2025, as\r\npublished in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226295", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "F", "label": "PAYMENT OF TAXES, PRIZE FEES AND BONDS" }, "rule": { "number": "§141.602", "label": "Settlement of Prize Fees, Penalty and/or Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226296", "queryAsDate": "03/11/2026" }, "ruleBody": "Settlement of prize fees, penalty or interest on an inactive account. The Commission may settle a claim for prize fees, penalty, or interest if the total cost of collection, as determined by the Commission, would exceed the total amount due.", "sourceNote": "Source Note: The provisions of this §141.602 adopted to\r\nbe effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective October 22,\r\n2020, 45 TexReg 7414; amended to be effective February 27, 2025, 50\r\nTexReg 986; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226296", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "F", "label": "PAYMENT OF TAXES, PRIZE FEES AND BONDS" }, "rule": { "number": "§141.603", "label": "Bond or Other Security" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226297", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Bond or Other Security Required.(1) An applicant for a regular license to conduct charitable bingo must submit security consistent with the provisions of this section. A licensed authorized organization must maintain the security until the organization ceases to conduct bingo and the license is relinquished or revoked.(A) Except as otherwise provided in this section, the security amount for a regular license to conduct charitable bingo is based on the license class. The security amount is:(i) Class A - $125.00.(ii) Class B - $325.00.(iii) Class C - $600.00.(iv) Class D - $825.00.(v) Class E - $1,225.00.(vi) Class F - $1,800.00.(vii) Class G - $2,125.00.(viii) Class H - $2,675.00.(ix) Class I - $3,275.00.(x) Class J - $7,000.00(B) If at any time a licensed authorized organization fails to fully pay its requisite prize fees by the due date and a jeopardy determination becomes final, then the organization's security amount may be calculated at three times its highest quarterly prize fee for the four most recent quarters or for the highest quarter filed if less than four.(C) If a licensed authorized organization has fully paid all prize fees and associated penalties, if any, prior to a final jeopardy determination for eight (8) consecutive quarters, the amount of the requisite security will be reduced to $100.00. If at any time an organization paying the reduced security amount fails to fully pay its requisite prize fees and any associated penalties and interest by the due date and a jeopardy determination becomes final, then the Commission may calculate the organization's security amount in accordance with §402.603(a)(1)(A) or (B) of this chapter.(2) An applicant for a manufacturer's license must submit a cash bond or bond in the amount of $10,000 issued by a surety company chartered or authorized to do business in this state. A licensed manufacturer must maintain the bond until the license is relinquished or revoked.(3) Accounting Units.(A) An accounting unit may submit and maintain one bond or other security to cover each of the unit's member organizations. Except as otherwise provided in this section, the amount of the security shall be the aggregate of each unit member organization's security amount, as set in §402.603(a)(1) of this chapter. If a unit member organization subsequently withdraws or is removed from the unit, that organization is responsible for obtaining and maintaining the requisite security.(B) If at any time an accounting unit fails to fully pay its requisite prize fees by the due date and a jeopardy determination becomes final, the unit's security amount may be calculated at three times the unit's highest quarterly prize fee liability for the four most recent quarters or for the highest quarter filed if less than four. The financial obligation for such security shall be divided equally among the organizations that were in the unit at the time of the prize fee delinquency. If a unit member organization withdraws or is removed from such a unit, that organization's security amount shall be equivalent to its share of the unit's security amount, and the unit's security amount may be reduced by an amount equivalent to the exiting organization's share. If another organization subsequently joins such a unit, the unit's security amount will increase by the amount of the newly-joined organization's security amount.(b) Types of bonds or other security. The Commission will accept only the following types of bonds or other security as security for the payment of prize fees:(1) Cash or check made payable to the state comptroller. Cash security will not earn interest for the licensee.(2) Irrevocable assignments of accounts, including certificates of deposit or certificates of savings, in banks, savings and loan institutions, and credit unions, whose deposits are insured by an agency of the United States government. This security must be executed on an assignment form approved by the Commission.(3) Letters of credit from financial institutions.(4) United States Treasury bonds, readily convertible to cash.(5) Surety bonds executed on a form approved by the Commission and issued only by a surety company chartered or authorized to do business in the State of Texas. The appointing instrument must be properly notarized and physically attached to the bond.(c) Forfeiture.(1) If a licensed authorized organization or accounting unit pays less than the total amount of prize fee due, the Commission shall notify the licensed authorized organization or accounting unit of the delinquency via the \"Texas Notice of Fee Due and Jeopardy Determination\" for the quarter in which the liability exists.(2) If the licensed authorized organization or accounting unit does not make the required payment by the date stated in the notice provided under subsection (c)(1), the Commission will demand the bond or other security or any part of the bond or other security from the holder of the bond or other security necessary to pay the amount of prize fee due.(3) The Commission will notify the licensed authorized organization or accounting unit and demand that a new or additional bond or other security for the specified amount be furnished within 20 days of the date of such notice. Failure to comply with the requirements of the notice within the 20 day period will result in the denial of an application for renewal or revocation of the license.(d) Release of Bond or Other Security. The Commission will release a bond or other security upon the relinquishment or revocation of the license for which the security was furnished, provided that the Commission determines that no prize fee, penalty, or interest remains due and payable. The Commission will notify the former licensee in writing that the security has been released. If an accounting unit maintains one bond or other security for its member organizations, and one or more of the unit member's licenses are relinquished or revoked, then the Commission will notify the accounting unit in writing that its security amount may be reduced to an amount sufficient to cover only current unit members.", "sourceNote": "Source Note: The provisions of this §141.603 adopted to\r\nbe effective May 10, 2007, 32 TexReg 2467; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective December 31,\r\n2017, 42 TexReg 7392; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226297", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "F", "label": "PAYMENT OF TAXES, PRIZE FEES AND BONDS" }, "rule": { "number": "§141.604", "label": "Delinquent Purchaser" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226298", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A delinquent purchaser is a licensed authorized organization, unit, or distributor that has not:(1) provided full payment to a licensed distributor or manufacturer for equipment or supplies, or within 30 calendar days of:(A) the actual delivery; or(B) invoice for leased bingo equipment; or(2) notified the Commission and the distributor or manufacturer that it disputes the invoice.(b) Notification of Delinquency and Payment. A manufacturer or distributor must notify the Commission on a prescribed form of all delinquent purchasers by the 37th calendar day after the actual delivery of equipment or supplies.(c) A manufacturer or distributor must notify the Commission on a prescribed form of a payment received from a delinquent purchaser within seven calendar days after receipt of the payment.(d) A manufacturer or distributor who has terminated its license should report all payments made by delinquent purchasers for the six months immediately following the license termination.(e) Delinquent Purchaser List. The Commission will maintain a Delinquent Purchaser List on the Commission's website and provide a copy of the list upon written request.(f) Before the sale or lease of any equipment or supplies, a manufacturer or distributor must determine whether the intended purchaser is on the Delinquent Purchaser List. If a purchaser is on the Delinquent Purchaser List, a manufacturer or distributor may provide bingo equipment or supplies only upon terms requiring immediate payment by the purchaser. Any licensee or unit on the Delinquent Purchaser List must provide immediate payment for the equipment or supplies.(1) Immediate payment is:(A) for purchased equipment and supplies, payment upon delivery; and(B) for leased bingo equipment or supplies, payment received by the seller within five business days of the issuance of the weekly bill.(2) A manufacturer or distributor who receives a check for payment from a licensee or unit listed on the Delinquent Purchaser list must deposit the check into a bank account within three business days of the receipt of the payment.(3) The licensee or unit must have adequate funds to cover the check for payment in its bingo account on the date the check is initially presented for payment.(4) If the manufacturer or distributor does not timely receive payment for leased bingo equipment, the manufacturer or distributor must within 24 hours deactivate the bingo equipment for which payment has not been received.(g) The Commission will remove a delinquent purchaser from the Delinquent Purchaser List twenty calendar days after its license termination date if the manufacturer or distributor who is owed a liability is no longer licensed and does not have a pending application for a new license.(h) A delinquent purchaser that is a licensed authorized organization or distributor will remain on the Delinquent Purchaser List for twenty calendar days past the date of its license termination unless the Commission receives notice that the delinquency has been paid or the organization or distributor has a pending application for a new license at that time.(i) A delinquent purchaser unit that dissolves will remain on the Delinquent Purchaser List for twenty calendar days past the date of dissolution unless the Commission receives notice that the delinquency has been paid. Members of a unit that was a delinquent purchaser will remain on the Delinquent Purchaser List until the liability is paid.(j) A manufacturer or distributor may request that the Commission add a delinquent purchaser to the Delinquent Purchaser List that has been removed because its license was terminated if the delinquent purchaser is re-licensed and the liability has not been paid.(k) Unit Accounting. If a delinquent purchaser joins a unit, the unit will be placed on the Delinquent Purchaser List until the delinquent purchaser's liability is paid, the delinquent purchaser withdraws from the unit, or the unit dissolves.(l) A licensed authorized organization that was a delinquent purchaser when joining a unit will remain a delinquent purchaser after leaving a unit unless the liability is paid.(m) If a licensed authorized organization withdraws from a unit that is a delinquent purchaser, both the unit and the withdrawing organization will remain a delinquent purchaser until the liability is paid.(n) If a unit that is a delinquent purchaser because of a liability the unit incurred dissolves, all unit members at the time of dissolution will remain delinquent purchasers until the liability is paid.", "sourceNote": "Source Note: The provisions of this §141.604 adopted to\r\nbe effective February 10, 2009, 34 TexReg 811; amended to be effective\r\nApril 24, 2011, 36 TexReg 2390; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226298", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§141.700", "label": "Denials; Suspensions; Revocations; Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226299", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Denial of application. If the Director of the Charitable Bingo Operations Division determines that an applicant is not eligible for a license on statutory or regulatory grounds, or that the license should be denied on statutory or regulatory grounds which would justify temporary suspension or revocation of an existing license, he/she will notify the applicant in writing that the application has been denied and will state such grounds for the denial. If the applicant desires to contest the denial, the applicant must, within 30 days of the date of the notice of denial, make a written request for a hearing to contest the denial.(b) Suspension and revocation.(1) Grounds. The Commission may temporarily suspend or revoke a license or temporary authorization in accordance with the Bingo Enabling Act, §2001.355. If the Commission proposes to revoke or suspend a license it will notify the licensee in writing and will state the grounds for the proposed action.(2) Temporary suspension. The Director may issue a temporary suspension based on evidence of the following violations: failure to pay prize fees, loss of non-profit status, a conviction for a gambling-related offense or fraud, or the continued involvement of a person with such a conviction following notice and opportunity to remove that person. A temporary suspension is effective immediately. Upon notification of the temporary suspension, the Director will simultaneously serve a notice of a show cause hearing, to be held not later than the 14th day after the date the notice is served, at which the license holder must show cause why the license should not remain suspended. The notice will include any exhibits the Commission has at the time that it intends to rely on at the hearing. If the licensee fails to show cause why the license should not be temporarily suspended, the license will remain suspended pending a final hearing on the merits, notice of which will be provided within 30 days of the show cause hearing.(c) Hearings.(1) All hearings will be conducted in accordance with the relevant portions of Title 16, Part 9, Chapter 401, Subchapter C.(2) After a hearing on the alleged violation and upon finding that a violation did occur, the Commission may temporarily suspend a license or temporary authorization for a period not to exceed one year or may revoke a license or temporary authorization. The period of a suspension begins on the date of the order invoking the suspension, or the date of the order overruling the motion for rehearing, if one was filed.(3) In the event a licensee has requested an administrative hearing, and has made timely and sufficient application for renewal of its license, the licensee may be issued a temporary authorization to conduct bingo and continue to act pursuant to said authorization until the Commission issues a final decision, regardless of whether said license has expired during the hearing process.(d) Reapplication. No person or organization whose license has been revoked or forfeited, or whose application has been denied for reasons which would justify a revocation of an existing license will be eligible to apply for another license earlier than one year from the date of forfeiture, revocation, or denial.", "sourceNote": "Source Note: The provisions of this §141.700 adopted to\r\nbe effective March 21, 2005, 30 TexReg 1630; amended to be effective\r\nJanuary 1, 2014, 38 TexReg 9541; amended to be effective October 22,\r\n2020, 45 TexReg 7414; transferred effective October 1, 2025, as published\r\nin the September 26, 2025, issue of the Texas Register, 50 TexReg\r\n6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226299", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§141.701", "label": "Investigation of Applicants for Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226300", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each person required to be named in an application for a license under the Bingo Enabling Act is subject to a criminal history record inquiry.(b) Each person required to be named in an application for any license under the Bingo Enabling Act shall promptly furnish all information requested by the Commission to obtain criminal history record information from the Texas Department of Public Safety, Federal Bureau of Investigation, or other law enforcement agency. Falsification or nondisclosure of requested information shall result in the denial, revocation, or suspension of a license under the Bingo Enabling Act.(c) The existence of a disqualifying conviction on records obtained by the Commission is prima facie evidence of disqualification. The burden of proof is on the applicant to show otherwise.", "sourceNote": "Source Note: The provisions of this §141.701 adopted to\r\nbe effective March 21, 2005, 30 TexReg 1630; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226300", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§141.702", "label": "Disqualifying Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226301", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall determine, consistent with the requirements of Chapters 53 and 2001, Occupations Code, whether criminal convictions affect the eligibility of an applicant for a new or renewal license or listing in the registry of approved bingo workers under the Bingo Enabling Act (BEA). The Director of the Charitable Bingo Operations Division (Director) shall have the authority to make such determinations pursuant to this section. The Commission will not apply Chapter 53, Occupations Code, to officers, directors, or shareholders of, or other individuals associated with, an applicant that is a non-individual business entity.(b) If any of the following persons have been convicted of a gambling or gambling-related offense, or criminal fraud, the applicant for a license or a listing in the registry of approved bingo workers will not be eligible for a new or renewal license or registry listing, as applicable: the applicant; or for an applicant for a license, any person whose conviction of any such offense would render the applicant ineligible under the eligibility standards for the particular type of license (i.e., BEA §2001.105(b) for authorized organizations, BEA §2001.154(a)(5) for commercial lessors, BEA §2001.202(9) for manufacturers, and BEA §2001.207(9) for distributors). Such a conviction (which shall not include deferred adjudications and/or nolo contendere pleas) shall be a permanent bar to the applicant obtaining a license or registry listing.(1) The Commission deems any gambling or gambling-related offense to be any offense listed in Penal Code, Chapter 47, Gambling; the offense of Penal Code, §71.02(a)(2), Engaging in Organized Criminal Activity; or any offense committed, including in another state or Federal jurisdiction, involving substantially similar conduct as an offense cited in Penal Code Chapter 47 or §71.02(a)(2).(2) The Commission deems any offense involving criminal fraud to be any offense listed in the following Penal Code Chapters and as described below, with the exception of Class C misdemeanors:(A) Penal Code, Chapter 32, Fraud;(B) Penal Code, Chapter 35, Insurance Fraud;(C) Penal Code, Chapter 35A, Medicaid Fraud; or(D) Any offense committed, including in another state or Federal jurisdiction, involving substantially similar conduct as an applicable offense under these enumerated Penal Code, Chapters 32, 35, or 35A.(c) For criminal convictions that do not fall under the categories addressed in subsection (b) of this section, the Commission may determine an applicant to be ineligible for a new or renewal license or a registry listing based on a criminal conviction for:(1) An offense that directly relates to the duties and responsibilities of the licensed or registered activity;(2) An offense under Article 42A.054 of the Code of Criminal Procedure; or(3) A sexually violent offense, as defined by Article 62.001 of the Code of Criminal Procedure.(d) For offenses that do not fall under subsection (b) or (c) of this section, such as offenses for which a person pleaded nolo contendere and/or received deferred adjudication and court supervision, and except as provided in subsection (a) of this section, the Commission may apply the provisions of Chapter 53, Occupations Code, to determine whether or not the applicant is eligible for a new or renewal license, or registry listing, under the BEA. For purposes of applying Chapter 53, the Commission may consider an applicant's deferred adjudication for a gambling or gambling-related offense, or a criminal fraud offense, to be a conviction in accordance with §53.021(d), Occupations Code.(e) Because the Commission has a duty to exercise strict control and close supervision over the conduct of Charitable Bingo to ensure that bingo is fairly conducted and the proceeds derived from bingo are used for an authorized purpose, and, because bingo games are largely cash-based operations providing opportunities for individuals to have access to cash and/or products that may be exchanged for cash, the Commission finds that prohibited acts under the BEA and convictions for offenses that call into question an applicant's honesty, integrity, or trustworthiness in handling funds or dealing with the public, directly relate to the duties and responsibilities of licensed and registered activities under the BEA. The Commission deems convictions (including deferred adjudications and/or nolo contendere pleas) for certain misdemeanor and felony offenses to directly relate to the fitness of a new or renewal applicant for a license or registry listing under the BEA. Such offenses include the following:(1) Penal Code, Chapter 30, Burglary and Criminal Trespass, with the exception of:(A) Penal Code, §30.05, Criminal Trespass; and(B) Penal Code, §30.06, Trespass by Holder of License to Carry Concealed Handgun;(2) Penal Code, Chapter 31, Theft, with the exception of:(A) Penal Code, §31.07, Unauthorized Use of a Vehicle;(B) Penal Code, §31.12, Theft of or Tampering with Multichannel Video or Information Services;(C) Penal Code, §31.13, Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services Device; and(D) Penal Code, §31.14, Sale or Lease of Multichannel Video or Information Services Device;(3) Penal Code, Chapter 33, Computer Crimes, with the exception of:(A) Penal Code, §33.05, Tampering With Direct Recording Electronic Voting Machine; and(B) Penal Code, §33.07, Online Impersonation;(4) Penal Code, Chapter 34, Money Laundering;(5) Penal Code, Chapter 36, Bribery and Corrupt Influence, with the exception of Penal Code, §36.07, Acceptance of Honorarium;(6) Penal Code, Chapter 37, Perjury and Other Falsification; (7) Penal Code, Chapter 71, Organized Crime;(8) Tex. Health and Safety Code, Chapter 481, Manufacture, Delivery, or Possession with Intent to Deliver Controlled Substances; and(9) Any offense committed, including in another state or Federal jurisdiction involving substantially similar conduct as an offense in the applicable sections of Penal Code, Chapters 30, 31, 33, 34, 36, 37, 71, Tex. Health and Safety Code, Chapter 481, or the BEA.(f) In determining whether a criminal conviction directly relates to the duties and responsibilities of the licensed or registered activity under the BEA, the following factors will be considered:(1) The nature and seriousness of the crime;(2) The relationship of the crime to the purposes for which the individual seeks to engage in the regulated conduct;(3) The extent to which the regulated conduct might offer an opportunity to engage in further criminal activity of the same type as the previous conviction;(4) The relationship of the conviction to the capacity required to perform the regulated conduct; and(5) Any other factors appropriate under Chapters 53 or the BEA, including whether a history of multiple convictions or serious conviction(s) would cause an applicant to pose a threat to the safety of bingo participants or workers.(g) Except for convictions involving gambling or gambling-related offenses, a conviction, deferred adjudication, or nolo contendere plea for a Class C misdemeanor, or traffic offenses, and similar offenses in other state or Federal jurisdictions with a similar range of punishment as a Class C misdemeanor, will not be considered to be a disqualifying offense for purposes of this section.(h) If the Commission determines that an applicant has a criminal conviction directly related to the duties and responsibilities of the licensed occupation, the Commission shall consider the following in determining whether to take an action against the applicant:(1) the extent and nature of the person's past criminal activity;(2) the age of the person when the crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the person's fitness, including letters of recommendation and veteran's status, including discharge status.(i) Upon notification of the Commission's intent to deny a new or renewal application or registry listing, an applicant may provide documentation of mitigating factors that the applicant would like the Commission to consider regarding its application. Such documentation must be provided to the Commission no later than 30 days after the Commission provides notice to an applicant of a denial, unless the deadline is extended in writing or through e-mail by authorized Commission staff.(j) Upon the Commission's determination that an applicant is not eligible for a new or renewal license or registry listing because of a disqualifying criminal conviction or other criminal offense, the Commission shall take action authorized by statute or Commission rule.(k) A denial or suspension of a new or renewal application under this section may be contested by the applicant pursuant to §402.700 of this chapter.(l) The Director shall issue guidelines relating to the practice of the Commission under Chapter 53, Occupations Code, and this section, and may issue amendments to the guidelines as the Director deems appropriate, consistent with §53.025.", "sourceNote": "Source Note: The provisions of this §141.702 adopted to\r\nbe effective January 1, 2014, 38 TexReg 9541; amended to be effective\r\nJanuary 2, 2020, 44 TexReg 8292; amended to be effective October 22,\r\n2020, 45 TexReg 7414; amended to be effective January 6, 2022, 46\r\nTexReg 9285; amended to be effective February 27, 2025, 50 TexReg\r\n986; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226301", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§141.703", "label": "Audit Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226302", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Audit--The formal examination of a licensee's accounts, records, and/or business activities by designated employees or representatives of the Commission.(2) Audit fieldwork--Includes, but is not limited to, the physical inspection of bingo premises, the observation of a bingo game, the inquiry of management and staff, the review of financial accounts, records or business processes, the assessment of the adequacy of any internal controls, or any other activity necessary to meet audit objectives.(3) Licensee--Includes any individual, partnership, corporation, group, or entity licensed under the Bingo Enabling Act and any group of licensed authorized organizations operating under a unit agreement.(b) Audit Determination.(1) The purpose of an audit is to determine whether a licensee is, has been, and/or will remain in compliance with the Bingo Enabling Act and the Charitable Bingo Administrative Rules.(2) Those licensees who are most at risk of violating the Bingo Enabling Act or the Charitable Bingo Administrative Rules will be identified for audit based on risk factors established by the Commission. Risk factors shall be based on, among other things, a licensee's gross receipts, gross rentals, bingo expenses, net proceeds, compliance history, and/or charitable distributions. An audit must commence by the fourth anniversary of the date a licensee is identified for audit.(3) Notwithstanding paragraph (2) of this subsection, the Commission may audit any licensee if the Commission reasonably believes the licensee may violate, or may have violated, the Bingo Enabling Act or the Charitable Bingo Administrative Rules.(c) Notification.(1) If a licensee is selected for an audit pursuant to subsection (b) of this section, a Commission auditor will so notify that licensees bingo chairperson, director, business contact, officer, unit manager, or designated agent in writing. The written notification constitutes the beginning of the audit.(2) The written notification will identify the time period to be audited and any records or other information that must be made available for Commission review. Various forms, including questionnaires and physical inventory requests, may be included with the written notification. Licensees must complete any forms in the manner, and in the time period, specified by the Commission.(3) If the Commission does not receive a timely response to its initial request for records, it will provide the licensee with a second and final request to provide all records within ten (10) calendar days. The Commission will not examine any records that are sent after that deadline, and the licensee will be responsible for any audit findings involving the absence of those records.(d) Entrance Conference.(1) Within ten (10) calendar days of sending the written notification under subsection (c) of this section, an auditor will attempt to contact the selected licensee's bingo chairperson, director, business contact, officer, unit manager, or designated agent to schedule an audit entrance conference. Unless otherwise provided by the Commission, the audit entrance conference will be held within fourteen (14) calendar days from the auditors contact with the licensee. The licensee may submit a written request to the Commission to delay the audit entrance conference. The written request must include the reasons for the requested delay. After reviewing a properly submitted written request to delay, the Commission may either approve or deny the request or notify the licensee that additional information is needed before a decision is made. If the Commission and licensee are unable to agree on the date, time, and place of the audit entrance conference, or if the Commission auditor is unable to contact the licensee's bingo chairperson, director, business contact, officer, unit manager, or designated agent, the auditor shall schedule the audit entrance conference and send the licensee written notice of that fact at least ten (10) calendar days prior to the scheduled audit entrance conference.(2) The purpose of an audit entrance conference is to allow the auditor(s) to meet with the selected licensee's bingo chairperson, director, business contact, officer, unit manager, or designated agent to collect any records or other information identified in the written notification under subsection (c) of this section, to discuss the audit process, and to answer any questions the licensee may have regarding the audit. There is no standard timeline by which an audit will be completed, but an audit must be completed within one year from the date of the entrance conference unless the Director extends the time period and notifies the licensee of the extension.(3) The Commission may request the attendance at the audit entrance conference of any person familiar with the licensee's operations. In addition to any attendees requested by the Commission, the licensee may allow any other individuals to attend the audit entrance conference.(e) Audit Fieldwork. Any time after the conclusion of the audit entrance conference, the auditor(s) may initiate and conduct the audit fieldwork at the licensee's business office, bingo premises, bookkeeper's office, or accountant's office; or, a location designated by the auditor(s). When conducting audit fieldwork, the auditor(s), at their discretion, may use a detailed auditing procedure or a sample and projection auditing method. A sample and projection auditing method may include, but is not limited to, manual sampling techniques, computer-assisted audit techniques, analytical procedures, financial projections, and auditor recompilation from reliable independent sources.(f) Exit Conference.(1) Any time after the completion of the audit fieldwork, an auditor will attempt to contact the selected licensee's bingo chairperson, director, business contact, officer, unit manager, or designated agent to schedule an audit exit conference. If the auditor and licensee are unable to agree on the date, time, and place of the audit exit conference, or if the auditor is unable to contact the licensees bingo chairperson, director, business contact, officer, unit manager, or designated agent, the auditor shall schedule the audit exit conference and send the licensee written notice of that fact at least ten (10) calendar days prior to the scheduled audit exit conference.(2) The purpose of an audit exit conference is to allow the auditor(s) to meet with the selected licensee's bingo chairperson, director, business contact, officer, unit manager, or designated agent to discuss the results of the audit and the draft audit report.(3) The Commission may request the attendance at the audit exit conference of any person familiar with the licensee's operations. In addition to any attendees requested by the Commission, the licensee may allow any other individuals to attend the audit exit conference.(g) Audit Report.(1) Upon completion of the audit, the auditor(s) will prepare a draft audit report containing their findings and conclusions. A copy of the draft audit report will be provided to the licensee at the audit exit conference. At least three (3) business days before the audit exit conference, but only to the extent it is practicable, the Commission will also send a copy of the draft audit report to one e-mail address or facsimile number associated with the licensee. The licensee must notify the Commission of the designated e-mail address or facsimile number by the end of the audit entrance conference if the licensee is to receive a copy of the draft audit report prior to the audit exit conference.(2) A licensee may, but is not required to, respond to the draft audit report by providing written comments and any supporting documentation to the auditor(s) within twenty (20) calendar days of receiving the draft audit report. Written comments should include a statement of agreement or disagreement with the draft audit report findings and, if applicable, a list of any corrective measures that will be taken to ensure compliance with the Bingo Enabling Act and Charitable Bingo Administrative Rules. Any properly submitted comments and supporting documents will be reviewed by the auditor(s) and placed in the final audit report. The auditor(s) may revise the draft audit report in response to any properly submitted comments or supporting documents.(3) Any time after the twenty (20) calendar day deadline, the auditor(s) may issue the final audit report. A copy of the report will be provided to the licensee.", "sourceNote": "Source Note: The provisions of this §141.703 adopted\r\nto be effective January 1, 2014, 38 TexReg 9547; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective October 22,\r\n2020, 45 TexReg 7414; amended to be effective February 27, 2025, 50\r\nTexReg 986; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226302", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§141.705", "label": "Inspection of Premises" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226303", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may conduct inspections of premises where bingo is being conducted or is intended to be conducted, or where equipment used or intended for use in bingo is found. The Commission will prioritize premises inspections based on risk factors the Commission considers important, including the following:(1) the amount of money derived from the conduct of bingo at the premises;(2) the amount of money derived from the use of bingo equipment at the premises;(3) the compliance history of the premises; and(4) the amount of time that has elapsed since the last Commission inspection of that premises.(b) Notwithstanding subsection (a) of this section, the Commission may inspect any premises where bingo is being conducted or is intended to be conducted, or where equipment used or intended for use in bingo is found, if the Commission reasonably believes a violation of the Bingo Enabling Act or this chapter may occur or may have occurred.", "sourceNote": "Source Note: The provisions of this §141.705 adopted to\r\nbe effective January 1, 2014, 38 TexReg 9550; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226303", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§141.706", "label": "Schedule of Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226304", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section is to provide guidance for administering sanctions to licensees and other persons that violate the Bingo Enabling Act and/or the Charitable Bingo Administrative Rules. The Schedule of Sanctions attached to §402.706(c) provides a list of the most common violations and the sanctions generally assessed for those violations, though the Commission may deviate from the schedule if it has a reasonable basis to do so. The objectives for applying sanctions are to protect the public, encourage compliance with the Bingo Enabling Act and the Charitable Bingo Administrative Rules, deter future violations, offer opportunities for rehabilitation as appropriate, punish violators, and deter others from committing violations. This section is intended to promote consistent sanctions for similar violations, facilitate timely resolution of cases and encourage settlements. (b) The Commission, through the Director of the Charitable Bingo Operations Division or their designee, may offer settlements to persons charged with violating the Bingo Enabling Act and/or the Charitable Bingo Administrative Rules.(c) Unless otherwise provided by this subchapter, the terms and conditions of a settlement agreement between the Commission and a person charged with violating the Bingo Enabling Act and/or the Charitable Bingo Administrative Rules will be based on the Schedule of Sanctions incorporated into this section.Attached Graphic(d) The following words and terms, when used in this section and §402.707, shall have the following meanings, unless the context clearly indicates otherwise:(1) Bingo Enabling Act--Occupations Code, Chapter 2001.(2) Charitable Bingo Administrative Rules--Texas Administrative Code, Title 16, Part 9, Chapter 402.(3) Licensee--a person issued a license under Occupations Code, Chapter 2001, or a Unit.(4) Organization--a licensee, an applicant for a license, or a person required to obtain a bingo license.(5) Respondent--a person responsible for answering a charge of violating the Bingo Enabling Act and/or the Charitable Bingo Administrative Rules.(6) Sanctions--revocation and suspension of a license, denial or an original or renewal application, denial of a bingo worker registry application, removal from the registry of bingo workers, administrative penalty, and warning letter.(e) The Commission shall render the final decision in a contested case and has the responsibility to assess sanctions against licensees who are found to have violated the Bingo Enabling Act and/or the Charitable Bingo Administrative Rules. The Commission welcomes any recommendation of an administrative law judge as to the appropriate sanctions imposed, but the Commission is not necessarily bound by such recommendations. A determination of the appropriate sanction is reserved to the Commission consistent with the Bingo Enabling Act.(f) Additional remedies may be imposed along with or in lieu of sanctions, which may include: a redeposit of funds to the bingo account; a removal of funds from the bingo account; or a disbursement of net proceeds in order to comply with the charitable distribution requirement.(g) A settlement agreed to under this section shall be in the form of a written Memorandum of Agreement and Consent Order prepared by the Commission that must be signed by both parties. A Memorandum of Agreement and Consent Order shall contain findings of fact and conclusions of law. The conditions of the settlement, including the imposition of sanctions, shall be completed within the time frame provided for in the settlement. Failure to comply with the conditions of the settlement may subject the respondent to further administrative action.(h) The list of violations in the Schedule of Sanctions is not an exclusive list of violations of the Bingo Enabling Act or the Charitable Bingo Administrative Rules.(i) If a person is charged with a repeat violation within 36 months (3 years) of a previous violation, then the sanction for a repeat violation will be imposed according to the Schedule of Sanctions for repeat violations. A repeat violation of a previous violation means that the violations in both instances are the same.(j) The sanction(s) imposed will be determined by considering the following factors, as applicable:(1) seriousness of the violation which includes the nature, circumstances, extent and gravity of the prohibited acts;(2) history of previous violations which includes:(A) the number of previous violations; and(B) the number of repeated violations;(3) the action(s) necessary to deter future violations;(4) efforts to correct the violation after awareness of the violation through personal knowledge or notification by the commission;(5) any other matter that justice may require, including:(A) whether the violation was intentional, inadvertent, simple negligence, gross negligence, or the unavoidable result of a related violation;(B) cooperation with the Commission during its examination, audit, or investigation of the person;(C) length of time the licensee has held a license;(D) risk to the public or state;(E) whether the organization or person has acknowledged a violation and agreed to comply with the terms and conditions of remedial action through an agreed settlement with the Commission; and(F) the cost of the investigation, examination or audit associated with the violation.(k) If the Director or the Director's designee and the authorized representative for the respondent agree, the two parties may utilize §402.707, Expedited Administrative Penalty Guideline as alternative guidance related to this subsection.(l) The Commission may impose lesser sanctions than those listed in the Schedule of Sanctions for a particular violation if mitigating circumstances exist, including mitigating circumstances described in §402.706(j)(5)(A) - (E).", "sourceNote": "Source Note: The provisions of this §141.706 adopted to\r\nbe effective April 25, 2006, 31 TexReg 3383; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective January 2,\r\n2020, 44 TexReg 8292; amended to be effective January 4, 2024, 48\r\nTexReg 8369; amended to be effective February 27, 2025, 50 TexReg\r\n986; transferred effective October 1, 2025, as published in the September\r\n26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226304", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§141.707", "label": "Expedited Administrative Penalty Guideline" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226305", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this subchapter is to provide an alternative disciplinary procedure for certain violations of the Bingo Enabling Act (Act) and the Charitable Bingo Administrative Rules (Rules) in which the Director of the Charitable Bingo Operations Division seeks to facilitate expeditious resolution of cases and encourage settlements.(b) The list of statutory violations in the Expedited Administrative Penalty Chart is not an exclusive list of violations that may be expedited. The scope of this guideline will be limited to violations of the Bingo Enabling Act and/or the Charitable Bingo Administrative Rules that are identified by the Director or their designee.(c) Upon completion of an examination, inspection, audit, or investigation, and after which both parties have agreed that an alleged violation of the Bingo Enabling Act or the Charitable Bingo Administrative Rules can be resolved expeditiously, the Director or their designee may cause a Notice of Administrative Violation and Settlement Agreement (NAVSA) to be issued to an authorized representative for the respondent.(d) The NAVSA shall include the following information:(1) date of the notice;(2) names and addresses of both parties;(3) a brief summary of the alleged violation;(4) the dollar amount of the administrative penalty recommended by the director or his or her designee;(5) a brief explanation of the additional conditions required to ensure future compliance with the Act or Rules alleged to be violated;(6) notice that an investigation, including an examination or audit, was conducted which alleges a violation was committed;(7) a statement signed by an authorized representative for the respondent indicating the respondent agrees to the terms of the settlement being offered;(8) notice that if the person does not accept the settlement offered, they may request an informal dispute resolution conference in accordance with §402.708 of this chapter or a hearing on the occurrence of the violation, the amount of the penalty or both; and(9) notice that if the person does not accept the settlement offered or request a hearing, the Commission may seek the maximum penalty authorized for the violation under the Bingo Enabling Act and the Charitable Bingo Administrative Rules, which may include revocation, suspension or denial of the person's license or worker registration, or application for a license or worker registration as applicable.(e) The respondent shall have 20 calendar days from the date the respondent receives the NAVSA to accept the recommendation of the Director, including the recommended administrative penalty; or make a written request for a hearing on the determination. The respondent shall have 10 calendar days from the date the respondent receives the NAVSA to request an informal dispute resolution conference, which must occur within 20 calendar days of the respondent's receipt of the NAVSA. If notification of acceptance or the written request for a hearing is not made within 20 days, or if an informal dispute resolution conference does not resolve the dispute, the Director shall cause a hearing to be set and give notice of the hearing to the respondent. The opportunity for an agreement in accordance with this subsection will expire.(f) After the NAVSA is accepted and returned to the Commission, the NAVSA will be forwarded to the Director for final approval and a copy will be forwarded to the respondent along with the Order. The respondent will have 60 days from the date of the Order to pay the recommended administrative penalty. Failure to comply with the terms of this Agreement may result in the imposition of a more severe degree of penalty which may include the revocation, suspension, denial of the license or worker registration, or removal from the worker registry as applicable.(g) If a person is charged with a repeat violation that may be expedited within 36 months (3 years) of the first violation, then the penalty for a repeat violation will be imposed according to the Expedited Administrative Penalty Chart for repeat violations.202500448-2.pdf", "sourceNote": "Source Note: The provisions of this §141.707 adopted to\r\nbe effective April 25, 2006, 31 TexReg 3383; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; amended to be effective January 4,\r\n2024, 48 TexReg 8369; amended to be effective February 27, 2025, 50\r\nTexReg 986; transferred effective October 1, 2025, as published in\r\nthe September 26, 2025, issue of the Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226305", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§141.708", "label": "Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226306", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) What are the definitions for the terms used in this rule?(1) Determination letter--A notice issued by the director stating the basis for the conclusion that a violation occurred, recommending that an administrative penalty be imposed on the person alleged to have committed the violation, and recommending the amount of the proposed penalty. The notice must include a brief summary of the alleged violation; include the amount of the administrative penalty recommended; and inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.(2) Dispute resolution--An informal process available to licensees to resolve regulatory disputes in a fair, competent, and consistent manner.(3) Dispute resolution conference--An informal meeting to resolve a disputed issue(s) related to a Notice of Administrative Violation and Settlement Agreement (NAVSA), an audit finding(s) contained within a final audit report, a determination letter or a notice of opportunity to show compliance letter.(4) Dispute resolution officer--The Director or his designee who will facilitate or manage the dispute resolution conference and guide and assist the participants. (b) Who may request a dispute resolution conference? A licensee that does not agree with the findings in its NAVSA, final audit report, determination letter or the information in a notice of opportunity to show compliance letter may request a dispute resolution conference.(c) How do I request a dispute resolution conference?(1) You may request a dispute resolution conference by completing and submitting a Request for Informal Dispute Resolution to the Director.(2) Disputed issues must be identified on the request.(3) The request must be signed by:Attached Graphic(4) A request for a dispute resolution conference related to a NAVSA must be submitted in accordance with §402.707(e). All other requests for a dispute resolution conference must be submitted no later than 15 working days from the latest date of receipt of a determination letter, the final audit report, or notice of opportunity to show compliance letter.(5) You may provide supporting documentation related to your position with your request.(d) Under what circumstances will the Director deny a request for a dispute resolution conference? The Director will not grant a request for a dispute resolution conference if:(1) You are not a licensee that disputes the findings in the NAVSA, final audit report, determination letter or the information in a notice of opportunity to show compliance letter;(2) You fail to timely submit the completed Request for Informal Dispute Resolution as required in subsection (c)(4) of this section or §402.707(e) of this chapter; or(3) A dispute resolution conference has been held previously on the disputed issue(s).(e) When and where will the Dispute Resolution Conference be held?(1) Charitable Bingo Operations Division staff will contact you within 15 calendar days from the date we receive a Request for Informal Dispute Resolution, in order to schedule a mutually agreeable date, time, and location for the dispute resolution conference. However, for conferences related to a NAVSA, the Division will contact the respondent in sufficient time to schedule the conference within 20 days of the respondent's receipt of the NAVSA, as required under §402.707(e). (2) The dispute resolution conference may be held in person, by video conference, or by telephone conference call. The date, time, and location of the conference must be agreeable to all parties.(3) You must contact the Commission at least 24 hours prior to the scheduled conference time to reschedule a dispute resolution conference. However, in the event of unforeseen events, upon agreement of the parties, a dispute resolution conference may be rescheduled.(f) What happens if I don't attend or reschedule a Dispute Resolution Conference? The dispute resolution process will end. The administrative process will continue and a formal hearing may proceed. We will notify you of the date of the administrative hearing.(g) Who attends the Dispute Resolution Conference? Depending on your regulatory classification, certain individuals from your organization must attend the dispute resolution conference. You must notify the Director at least 24 hours before the scheduled dispute resolution conference of who is attending.Attached Graphic(h) Who will represent the Charitable Bingo Operations Division at a Dispute Resolution Conference?(1) Appropriate Commission staff from the Charitable Bingo Operations Division, Legal Services Division, and/or Enforcement Division will attend and participate in the dispute resolution conference to provide relevant information and documentation regarding the disputed issues and to attempt to reach a resolution of the dispute.(2) The dispute resolution officer and dispute resolution support staff will facilitate the dispute resolution process but will not advocate on behalf of any party.(i) What happens at the Dispute Resolution Conference?(1) Each party states their position related to the disputed issues and presents appropriate documentation to substantiate their position on all disputed issues.(2) The dispute resolution officer works with the parties to reach a settlement.(3) Any resolution reached as a result of the dispute resolution conference will be through voluntary agreement of the parties. (j) Do I need to provide any information prior to the Dispute Resolution Conference? If the Dispute Resolution Conference is conducted via telephone or video conferencing, you must provide to the Director a copy of any documentation you plan to present at least 48 hours prior to the conference. If the basis of the dispute involves an audit finding, the Director will provide the dispute resolution officer with the information submitted by the organization, the final audit report, and the determination letter. If the basis of the dispute is other than an audit finding, the Director will provide the dispute resolution officer the notice of opportunity to show compliance letter and the underlying report that is the basis for the notice of opportunity to show compliance letter. The dispute resolution officer may contact both parties and request additional information be submitted to him prior to the dispute resolution conference. (k) What happens if an agreement is reached at the dispute resolution conference?(1) If the parties agree to a resolution of disputed issues, the dispute resolution officer will prepare a Dispute Resolution Settlement Agreement for review, approval, and signature by both parties at the dispute resolution conference.(2) The Agreement will include:(A) the violation(s);(B) the resolution of the disputed issues(s); and(C) corrective action you must take.(3) The Agreement must be signed by an officer, director, or bingo chairperson and the primary operator.(l) What happens if an agreement is not reached at the dispute resolution conference? The matter may proceed to a formal administrative hearing.", "sourceNote": "Source Note: The provisions of this §141.708 adopted to\r\nbe effective October 14, 2007, 32 TexReg 7054; amended to be effective\r\nAugust 1, 2016, 41 TexReg 5505; transferred effective October 1, 2025,\r\nas published in the September 26, 2025, issue of the Texas Register,\r\n50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226306", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "4", "label": "TEXAS DEPARTMENT OF LICENSING AND REGULATION" }, "chapter": { "number": "141", "label": "CHARITABLE BINGO OPERATIONS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§141.709", "label": "Corrective Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition of Corrective Action--Action(s) required by any of the following in order to resolve audit findings or violations of the Bingo Enabling Act or the Charitable Bingo Administrative Rules:(1) an undisputed determination letter resulting from a compliance audit;(2) an agreed order; or(3) a decision in a contested case.(b) Examples of corrective actions:(1) Reimbursement of funds--Funds deposited into a bingo bank account to replenish the account for:(A) non-permissible expenses; or(B) bingo proceeds that were not deposited into the account.(2) Removal of funds--Funds removed from a bingo bank account that are not proceeds from the conduct of bingo.(3) Additional charitable distribution--Bingo funds disbursed from a bingo account to meet the minimum charitable distribution requirements.(4) Implementation of internal controls--Controls a licensee or unit develops and implements to minimize or prevent theft or fraud related to its bingo operation.(5) Implementation of policies and procedures--Written steps and processes a licensee or unit develops and implements to assist in the operation and control of the bingo operation.(6) Payment of additional prize fees or rental taxes--The amount a licensee or unit must pay for any additional prize fee or rental tax due, including penalty and interest.(c) If corrective action is not taken as required, the licensee may be subject to more frequent inspections and compliance audits and/or disciplinary action after notice and Commission action such as:(1) license revocation;(2) license suspension; and/or(3) administrative penalty.", "sourceNote": "Source Note: The provisions of this §141.709 adopted\r\nto be effective March 13, 2008, 33 TexReg 2022; transferred effective\r\nOctober 1, 2025, as published in the September 26, 2025, issue of\r\nthe Texas Register, 50 TexReg 6337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8938", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "7", "label": "STATE COGENERATION COUNCIL" }, "chapter": { "number": "201", "label": "STATE COGENERATION PROJECT APPROVAL PROCEDURES" }, "rule": { "number": "§201.1", "label": "Purpose and Scope of Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8939", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is intended to establish a procedure whereby the State Cogeneration Council (hereafter, the council) will determine the economic and technical merits of proposed state agency cogeneration projects, and approve or disapprove projects based on those merits. This chapter shall not be construed so as to enlarge, diminish, modify, or alter the statutory authority and duties of the council, or alter the substantive rights of any state agency or person. The council may make exceptions to this chapter for good cause.", "sourceNote": "Source Note: The provisions of this §201.1 adopted to be effective August 25, 1988, 13 TexReg 3978." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8939", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "7", "label": "STATE COGENERATION COUNCIL" }, "chapter": { "number": "201", "label": "STATE COGENERATION PROJECT APPROVAL PROCEDURES" }, "rule": { "number": "§201.2", "label": "Severability Clause" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27027", "queryAsDate": "03/11/2026" }, "ruleBody": "The adoption of this chapter will in no way preclude the council from altering or amending this chapter in whole or in part, or from requiring additional information from state agencies. Furthermore, this chapter will not relieve in any way a state agency from any of its duties under the laws of this state or the United States. If any provision of this chapter is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable.", "sourceNote": "Source Note: The provisions of this §201.2 adopted to be effective August 25, 1988, 13 TexReg 3978." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27027", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "7", "label": "STATE COGENERATION COUNCIL" }, "chapter": { "number": "201", "label": "STATE COGENERATION PROJECT APPROVAL PROCEDURES" }, "rule": { "number": "§201.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29934", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Administrative support staff--The Governor's Energy Management Center, P.O. Box 12428, 201 East 14th Street, Austin, Texas 78711, (512) 463-1931, or other entity designated by the council.(2) Council--The State Cogeneration Council.(3) Proposed state agency cogeneration project--A state agency cogeneration project which is not in operation, or for which final engineering design had not been completed, as of September 1, 1987.(4) State agency--Any office, department, commission, or board of any branch of state government, or any institution of higher education, as defined by the Education Code, §61.003.(5) State agency cogeneration facility--Any qualifying facility constructed or operated by a state agency for the benefit of any state agency facilities located adjacent to or on property contiguous with the site of the qualifying facility.(6) Technical support staff--The Governor's Energy Management Center, P.O. Box 12428, 201 East 14th Street, Austin, Texas 78711, (512) 463-1931, or other entity designated by the council.(7) Third party cogeneration facility--Any qualifying facility constructed or operated by a third party for the benefit of any state agency facilities located adjacent to or on property contiguous with the site of the qualifying facility.", "sourceNote": "Source Note: The provisions of this §201.3 adopted to be effective August 25, 1988, 13 TexReg 3978." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29934", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "7", "label": "STATE COGENERATION COUNCIL" }, "chapter": { "number": "201", "label": "STATE COGENERATION PROJECT APPROVAL PROCEDURES" }, "rule": { "number": "§201.4", "label": "Services to State Agencies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8953", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The council shall assist, inform, and advise a state agency concerning legal, technical, economic, and contractual issues related to cogeneration projects specific to that agency. Such assistance may be provided by the council, or acting under specific direction from the council, by the council's technical staff, by committees appointed by the council, or by any other entity deemed appropriate by a majority of the council. Assistance requiring financial expenditures may be provided only after approval by a majority of the council. In addition, the council may provide information and advice to state agencies concerning events and facts having relevance to cogeneration issues and projects in general. The scope of such information and advice and the method for its dissemination shall be determined by a majority of the council.(b) This section does not in any way limit individual members from informing, assisting, or advising state agencies or institutions on cogeneration issues in performance of their normal job duties as a state employee or on behalf of a state agency or institution represented on the council.", "sourceNote": "Source Note: The provisions of this §201.4 adopted to be effective August 25, 1988, 13 TexReg 3978." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8953", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "7", "label": "STATE COGENERATION COUNCIL" }, "chapter": { "number": "201", "label": "STATE COGENERATION PROJECT APPROVAL PROCEDURES" }, "rule": { "number": "§201.5", "label": "State Agency Cogeneration Projects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "619", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications. Prior to the construction or operation of a proposed state agency cogeneration facility, a state agency shall file an application with the council. The council's written approval of an application must be received before construction or operation of a proposed state agency cogeneration facility may commence.(1) State agencies can obtain application forms from the council by requesting such forms in writing from the chairman or administrative support staff.(2) State agencies may expend such staff and funding resources as is reasonable and necessary to complete the application form. State agencies shall not expend significant resources beyond a preliminary design phase in pursuit of a cogeneration project until notified in writing by the council that said project has been approved. Seven copies of the application forms shall be filed with the chairman.(3) The chairman or staff shall, not more than seven days after an application is received, acknowledge receipt of same in writing to the applicant, and send a copy of such application to each council member.(4) The council may request additional information from the applicant which the council finds necessary to fulfill its duties of technical and economic review. The council may reject as incomplete any application which in its opinion does not contain sufficient information with which to perform a valid analysis. The council shall inform the proposing agency of its reasons for rejection of an incomplete application. A rejected application shall be deemed void.(b) Council action. The council shall review the economic and technical merits of a proposed state cogeneration project and approve or disapprove the project in writing within six months of filing of an application not otherwise deemed incomplete under subsection (a)(4) of this section. The six-month time period shall begin only after the application is accepted as complete with all the information required for the council to make a decision. Incomplete applications may be returned to the applicant for further information.(1) The council will only consider those issues related to the economic and technical feasibility of a particular project.(2) The size and design of a proposed state agency cogeneration project shall be limited to that necessary to economically supply the cogenerating state agency, considering the optimum balance of annual thermal and electrical energy requirements, and including agency approved expansions.(3) The council may make its decision contingent on fulfillment of special provisions.(4) The council shall inform the proposing agency in writing of its reason(s) for approval or disapproval.(5) Upon approval of the application, the state agency may commence final design, construction, or operation of the cogeneration facility.(6) State agencies may protest any finding of the council by a letter to the chairman. All such protests shall be resolved by formal vote of the council within 30 days of receipt by the council of such protest.(7) Any state agency which cancels or abandons a cogeneration facility approved by the council must notify the council in writing within 60 days of termination of the project stating its reasons for abandonment or termination.", "sourceNote": "Source Note: The provisions of this §201.5 adopted to be effective August 25, 1988, 13 TexReg 3978." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "619", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "7", "label": "STATE COGENERATION COUNCIL" }, "chapter": { "number": "201", "label": "STATE COGENERATION PROJECT APPROVAL PROCEDURES" }, "rule": { "number": "§201.6", "label": "Third Party Cogeneration Projects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211367", "queryAsDate": "03/11/2026" }, "ruleBody": "Any state agency considering a third party cogeneration facility may avail itself of the services of the council as defined by §201.4 of this title (relating to Services to State Agencies).", "sourceNote": "Source Note: The provisions of this §201.6 adopted to be effective August 25, 1988, 13 TexReg 3978." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211367", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "301", "label": "DEFINITIONS" }, "rule": { "number": "§301.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194523", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Words and terms defined in the Act shall have the same meaning when used in this part unless otherwise defined below.(b) The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise:(1) Act--The Texas Racing Act, Subtitle A-1, Title 13, Texas Occupations Code.(2) Active license--a racetrack license designated by the commission as active.(3) Age of a greyhound--determined as beginning on the day the greyhound is whelped.(4) Age of a horse--determined as beginning on the first day of January in the year in which the horse is foaled.(5) Application documents--documents submitted by an applicant for a license in support of the application.(6) Application period--a period designated by the Commission for the submission of application documents for a racetrack license.(7) Association grounds--all real property approved by the Commission for use by an association in the conduct of a race meeting.(8) Association veterinarian--A veterinarian employed by the association.(9) Authorized agent--a person appointed in writing by the owner or trainer of a horse or greyhound to represent the owner or trainer at a racetrack.(10) Backstretch--the straightaway on the side of a track that is opposite to the finish line.(11) Booking--a contract between an association and a kennel owner for the kennel owner to provide greyhounds to the association for a race meeting and for the association to provide kennel buildings to house the greyhounds.(12) Branding--the act of a totalisator system imprinting a mutuel ticket with information that identifies the ticket as canceled or cashed and automatically making the appropriate notation in the system's memories.(13) Canceled ticket--a mutuel ticket that represents a wager that has been canceled and withdrawn from the pari-mutuel pool.(14) Cashed ticket--a mutuel ticket that is paid for a winning wager.(15) Chief veterinarian--the chief veterinarian employed by the Commission.(16) Common pool--a pool in which the wagers received at a receiving location are combined with the wagers received at a sending racetrack.(17) Condition of a race--a characteristic element of the race, such as the distance, qualifications of animal to enter, purse or stakes, or other special features.(18) Coupled entry--two or more horses entered in a race that, because of common ties of ownership, are joined to be a single betting interest in that race.(19) Cushion--the top level of a dirt racetrack.(20) Dead heat--a race in which two or more race animals finish at the same time.(21) Double entry--an entry of two or more greyhounds in the same race that have either common ownership or the same trainer and are separate wagering interests.(22) Encrypted--scrambled or otherwise manipulated audio-visual signals to mask the original video content of the signal to cause the signals to be indecipherable and unrecognizable to any person receiving the signal.(23) Entry--a horse, or horses in the case of a coupled entry, made eligible to run in a race.(24) Established weight--the racing weight for a greyhound established in accordance with the Rules.(25) Exempt institutional investor--an investor who is:(A) an insurance company as defined by the Securities Act of 1933, §2(13), a bank as defined by that Act, §3(a)(2), a savings and loan association or other institution referenced in that Act, §3(a)(5)(A), or a foreign bank or savings and loan association or equivalent institution;(B) an investment company as defined by the Investment Company Act of 1940, §3(a), an issuer that would have been deemed an investment company under that Act except for the exclusion in that Act, §3(c)(1), or a business development company as defined by that Act, §2(c)(48);(C) a small business investment company licensed by the United States Small Business Administration under the Small Business Investment Act of 1958, §301(c);(D) a plan established and maintained by a state, its political subdivisions, or an agency or instrumentality of a state or its political subdivisions for the benefit of its employees;(E) an employee benefit plan within the meaning of Title I of the Employee Retirement Income Security Act of 1974;(F) a trust fund whose trustee is a bank or trust company and whose participants are exclusively plans of the types identified in subparagraph (D) or (E) of this definition, except trust funds that include as participants individual retirement accounts or H.R. 10 plans;(G) a business development company as defined by the Investment Advisers Act of 1940, §202(a)(22), or an investment adviser registered under that Act;(H) an organization described in the Internal Revenue Code, §501(c)(3);(I) a dealer registered under the Securities Exchange Act of 1934, §15;(J) a legal entity with a market value of at least $50 million whose securities are traded on a nationally recognized or foreign securities exchange or interdealer quotation system, such as NASDAQ; and(K) a legal entity, acting for its own account or the account of other exempt institutional investors, that in the aggregate owns and invests on a discretionary basis at least $25 million in securities of issuers that are not affiliated with the entity, with the aggregate value of the securities being the cost of the securities, except if the entity reports its securities holdings in its financial statements based on their market value and no current information regarding the cost of the securities has been published, in which case the securities may be valued at market.(26) Exotic pool--a mutuel pool that involves wagers on more than one entered horse or greyhound or on entries in more than one race.(27) False start--failure of the starting gate or box doors to open simultaneously.(28) Foul--an action by a horse or jockey that hinders or interferes with another horse or jockey during the running of a race.(29) Greyhound race--a contest among greyhounds for purse, stakes, premium, or wager for money, run in the presence of the racetrack officials, including the following:(A) Hurdle race--a race over a course in which jumps or hurdles are used.(B) Match race--a race between two or more greyhounds, each the property of different owners, on terms agreed on by the owners and approved by the Commission.(C) Overnight race--a race for which entries close 96 hours or less before the time set for the first race of the day on which the race is to be run.(D) Purse race--a race for money or other prize to which the owners of the greyhounds engaged in the race do not contribute an entry.(E) Race on the flat--a race over a course in which no jumps or other obstacles are placed.(F) Stakes race--a race in which all money is to be deposited by the owners of the greyhounds engaged in the race, including a race of the day on which the stakes race is to be run.(30) Groom--an individual employed by an owner or trainer of a racehorse to tend to the physical appearance of the horse and to perform chores in and around the stable.(31) Growing medium--the substance immediately below the grass on a turf track.(32) Handle--the total amount of money wagered at a racetrack during a particular period.(33) Horse--an equine of any breed, including a stallion, gelding, mare, colt, filly, or ridgling.(34) Horse Race--a running contest between horses for entry fees, purse, prize, or other reward, including the following:(A) Claiming race--a race in which a horse may be claimed in accordance with the Rules.(B) Derby race--a race in which the first condition of eligibility is to be three years old.(C) Futurity race--a race in which the first condition of eligibility is to be two years old.(D) Guaranteed race--a race for which the association guarantees by its conditions a specified purse, which is the limit of its liability.(E) Handicap race--a race in which the weights to be carried by the entered horses are adjusted by the racing secretary for the purpose of equalizing their respective chances of winning.(F) Match race--a race between only two horses that are owned by different owners.(G) Maturity race--a race in which the first condition of eligibility is to be four years of age or older.(H) Optional claiming race--a claiming race in which there is an option to have horses entered to be claimed for a stated price or not eligible to be claimed.(I) Progeny race--a race restricted to the offspring of a specific stallion or stallions.(J) Purse or overnight race--a race for which owners of horses entered are not required by its conditions to contribute money toward its purse.(K) Stakes race--a race to which nominators of the entries contribute to a purse.(L) Starter race--an overnight race under allowance or handicap conditions, restricted to horses which have previously started for a designated claiming price or less, as stated in the conditions of the race.(M) Walkover race--a stakes race in which only one horse starts or all the starters are owned by the same interest.(N) Weight for age race--a race in which weights are assigned in keeping with the scale of weights in these rules.(35) In today horse--a horse that is in the body of a race program which is entered into a race on the next consecutive race day.(36) Inactive license--a racetrack license designated by the commission as inactive.(37) Kennel area--an area for the boarding or training of greyhounds.(38) Lead out--an individual who handles a greyhound from the lockout kennel to the starting box.(39) Locked in the gate--a horse or greyhound that is prevented from leaving the starting gate or box due to the failure of the front door of the gate or box to open simultaneously with the other doors.(40) Lure--a mechanical apparatus at a greyhound racetrack consisting of a stationary rail installed around the track, a motorized mechanism that travels on the rail, and a pole that is attached to the mechanism and extends over the track, and to which a decoy is attached.(41) Maiden--a horse or greyhound that has never won a race at a recognized race meeting authorized by the Commission or by another racing jurisdiction.(42) Minus pool--a pool in which there are insufficient net proceeds to pay the minimum price to holders of the winning tickets.(43) Mutuel field--a group of horses joined as a single betting interest in a race due to the limited numbering capacity of the totalisator.(44) No race--a race that is canceled after being run due to a malfunction of the starting gate or box or any other applicable reason as determined by the Rules.(45) Nominator--the person in whose name a horse or greyhound is entered for a race.(46) Occupational licensee--an individual to whom the Commission has issued a license to participate in racing with pari-mutuel wagering.(47) Odds--a number indicating the amount of profit per dollar wagered to be paid to holders of winning pari-mutuel tickets.(48) Off time--the moment when, on signal from the starter, the horses or greyhounds break from the starting gate or box and run the race.(49) Paddock--the area in which horses or greyhounds gather immediately before a race.(50) Paper/Program Trainer--a licensed trainer who solely for the purposes of the official race program is identified as the trainer of a horse that is actually under the control of and trained by another person who may or may not hold a current trainer's license in any jurisdiction.(51) Patron--an individual present on association grounds during a race meeting who is eligible to wager on the racing.(52) Pecuniary interest--includes a beneficial ownership interest in an association, but does not include bona fide indebtedness or a debt instrument of an association.(53) Performance--the schedule of horse or greyhound races run consecutively as one program. A greyhound performance consists of fifteen or fewer races unless approved by the executive secretary.(54) Photofinish--the system of recording pictures or images of the finish of a race to assist in determining the order of finish.(55) Place--to finish second in a race.(56) Post position--the position assigned to a horse or greyhound in the starting gate or box.(57) Post time--the time set for the arrival at the starting gate or boxes by the horses or greyhounds in a race.(58) Purse--the cash portion of the prize for a race.(59) Race date--a date on which an association is authorized by the Commission to conduct races.(60) Race day--a day in which a numerical majority of scheduled races is conducted and is a part of the association's allocated race days.(61) Race meeting--the specified period and dates each year during which an association is authorized to conduct racing and/or pari-mutuel wagering by approval of the Commission.(62) Racetrack facility--the buildings, structures and fixtures located on association grounds used by an association to conduct horse or greyhound racing.(63) Racetrack official--an individual appointed by the commission to officiate at a race meeting.(64) Racing judge--the executive racing official at a greyhound track.(65) Reasonable belief--a belief that would be held by an ordinary and prudent person in the same circumstances as the actor.(66) Recognized race meeting--a race meeting held under the sanction of a turf authority.(67) Refunded ticket--a pari-mutuel ticket that has been refunded for the value of a wager that is no longer valid.(68) Rule off--to bar an individual from the enclosure of an association and to deny all racing privileges to the individual.(69) Rules--the rules adopted by the Texas Racing Commission found in Title 16, Part VIII of the Texas Administrative Code.(70) Schooling race--a practice race conducted under actual racing conditions but for which wagering is not permitted.(71) Scratch--to withdraw an entered horse or greyhound from a race after the closing of entries.(72) Scratch time--the closing time set by an association for written requests to withdraw from a race.(73) Show--to finish third in a race.(74) Specimen--a bodily substance, such as hair, blood, urine, saliva, or other bodily tissues taken for analysis from a horse, greyhound, or individual in a manner prescribed by the Commission.(75) Stakes payments--the fees paid by subscribers in the form of nomination, entry, or starting fees to be eligible to participate.(76) Stallion owner--a person who is owner of record, at the time of conception, of the stallion that sired the accredited Texas-bred horse.(77) Starter--a horse or greyhound entered in a race when the doors of the starting gate or box open in front of the horse or greyhound at the time the official starter dispatches the horses or greyhounds.(78) Straight pool--a mutuel pool that involves wagers on a horse or greyhound to win, place, or show.(79) Subscription--money paid to nominate, enter, or start a horse or greyhound in a stakes race.(80) Tack room--a room in the stable area of a horse racetrack in which equipment for training and racing the horses is stored.(81) Totalisator--a machine or system for registering and computing the wagering and payoffs in pari-mutuel wagering.(82) Tote board--a facility at a racetrack that is easily visible to the public on which odds, payoffs, advertising, or other pertinent information is posted.(83) Tote room--the room in which the totalisator equipment is maintained.(84) Tout--an individual licensed to furnish selections on a race in return for a set fee.(85) Trial--a race designed primarily to determine qualifiers for finals of a stakes race.(86) Uplink--an earth station broadcasting facility, whether mobile or fixed, which is used to transmit audio-visual signals and/or data emanating from a sending racetrack, and includes the electronic transfer of received signals from the receiving antenna to TV monitors within the receiving location.(87) Weigh in--the process by which a jockey is weighed after a race or by which a greyhound is weighed before being placed in the lockout kennel.(88) Weighing in weight--the weight of a greyhound on weighing in to the lockout kennel.(89) Weigh out--the process by which a jockey or greyhound is weighed before a race.(90) Weighing out weight--the weight of a greyhound on weighing out of the lockout kennel immediately before post time for the race in which the greyhound is entered.(91) Win--to finish first in a race.(92) Winner--(A) for horse racing, the horse whose nose reaches the finish line first, while carrying the weight of the jockey or is placed first through disqualification by the stewards; and(B) for greyhound racing, the greyhound whose muzzle, or if the muzzle is lost or hanging, whose nose reaches the finish line first or is placed first through disqualification by the judges.", "sourceNote": "Source Note: The provisions of this §301.1 adopted to be effective November 15, 1988, 13 TexReg 5555; amended to be effective November 3, 1989, 14 TexReg 5619; amended to be effective October 11, 1990, 15 TexReg 5680; amended to be effective November 29, 1990, 15 TexReg 6587; amended to be effective September 30, 1991, 16 TexReg 5067; amended to be effective November 22, 1991, 16 TexReg 6444; amended to be effective April 10, 1993, 18 TexReg 1927; amended to be effective July 7, 1993, 18 TexReg 4191; amended to be effective January 1, 1999, 23 TexReg 12911; amended to be effective June 1, 2001, 26 TexReg 3623; amended to be effective November 1, 2001, 26 TexReg 8509; amended to be effective November 6, 2002, 27TexReg 10378; amended to be effective July 16, 2007, 32 TexReg 4386; amended to be effective December 8, 2011, 36 TexReg 8369; amended to be effective September 28, 2014, 39 TexReg 7573; amended to be effective March 13, 2016, 41 TexReg 1683; amended to be effective March 8, 2017, 42 TexReg 1024; amended to be effective April 8, 2019, 44 TexReg 1715; amended to be effective June 29, 2022, 47 TexReg 3681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194523", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61856", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Racing Commission is charged with implementing, administering, and enforcing the Act. It is the intent of the commission that the rules of the commission be interpreted in the best interests of the public and the state.(b) Through these rules, the commission intends to provide for the strict regulation of horse racing and greyhound racing and the control of pari-mutuel wagering in connection with that racing.", "sourceNote": "Source Note: The provisions of this §303.1 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective January 1, 1999, 23 TexReg 12911; amended to be effective April 8, 2019, 44 TexReg 1715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61856", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.2", "label": "Commission Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61857", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall formulate policy objectives for the agency and supervise the implementation of these policies and the actions of the executive secretary. The commission may approve/disapprove actions of the executive secretary on its own motion or on request of the executive secretary.(b) The commission shall propose, adopt, amend, and repeal rules as authorized or required by law, including under the Act and under Chapter 2001, Government Code.(c) The commission shall approve all operating plans required to be filed by law which are prospective in nature, such as legislative appropriation requests, operating budget and the biennial strategic plan.(d) The commission shall issue all racetrack licenses and licenses to conduct race meetings.(e) The commission shall issue final orders on contested cases before the commission and assess administrative penalties as authorized by law.(f) The commission may delegate any power or duty to a committee of its members or to the agency's executive secretary. The chair may establish a committee and appoint committee members in an open meeting. The chair may appoint committee members who are not members of the commission, but a committee of such members will be advisory only.", "sourceNote": "Source Note: The provisions of this §303.2 adopted to be effective January 1, 1998, 22 TexReg 12044; amended to be effective January 1, 1999, 23 TexReg 12911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61857", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.3", "label": "Offices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130148", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission's main office is located at 8505 Cross Park Drive, #110, Austin, Texas 78754-4594. The commission mailing address is P.O. Box 12080, Austin, Texas 78711-2080. The telephone number is (512) 833-6699. The fax number is (512) 833-6907. Office hours are 8:00 a.m. to 5:00 p.m., Monday-Friday.(b) The commission may establish a branch office at any licensed racetrack in which the commission determines a branch office is necessary.(c) The commission may establish a branch office in any county in which the commission determines a branch office is necessary.", "sourceNote": "Source Note: The provisions of this §303.3 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective December 26, 1990, 15 TexReg 7179; amended to be effective February 22, 1996, 21 TexReg 1093; amended to be effective January 1, 1999, 23 TexReg 12911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130148", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.4", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61859", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by state law, Commission meetings are subject to the Texas open meetings law, Government Code, Chapter 551.(b) The Commission shall hold at least six regular meetings each year on dates set by the Commission. The Chair or any four members of the Commission may call a special meeting of the Commission.(c) Except as otherwise provided by state law or by the Rules, Robert's Rules of Order (Revised 1996) govern the proceedings of the Commission.(d) The executive secretary shall prepare the agenda for each Commission meeting, subject to the approval of the Chair of the Commission. At the request of any two Commissioners, the executive secretary shall place an item on the agenda. If only one Commissioner requests that an item be placed on the agenda, the Chair shall review the request and, after consulting with the Vice-chair, determine whether to place the item on the agenda.(e) A licensee of the Commission or a member of the public may request that an item be placed on the agenda by filing a written request with the executive secretary not later than 14 days before the date of the meeting. The party making the request must include with the request an original and one copy of all information, data, or other supporting materials relating to the request. After receiving a request under this subsection, the Chair shall review the request and, after consulting with the Vice-chair, determine whether to place the item on the agenda.(f) The public is invited to comment regarding any agenda item or any issue under the jurisdiction of the Commission. Public comments may be limited to a reasonable number, frequency and length. All individuals wishing to address the Commission must sign a registration form and make their remarks under oath. All individuals addressing the Commission are subject to questioning by the Commission and the Commission staff.(g) Before each regular Commission meeting, the executive secretary shall distribute the agenda and a summary of each rule scheduled for proposal at the meeting to each licensed racetrack, each official breed registry, the officially recognized horsemen's organization, and the Texas Veterinary Medical Association. An association shall post the agenda and rules in a prominent place that will ensure access by interested persons.", "sourceNote": "Source Note: The provisions of this §303.4 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective December 10, 1992, 17 TexReg 8291; amended to be effective April 26, 1998, 23 TexReg 4057; amended to be effective January 1, 1999, 23 TexReg 12911; amended to be effective September 9, 2002, 27 TexReg 8210; amended to be effective May 23, 2007, 32 TexReg 2749." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61859", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.5", "label": "Quorum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61861", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A majority of the commission constitutes a quorum.(b) When a quorum is present, a motion before the commission is carried by an affirmative vote of the majority of the commissioners present at the meeting.", "sourceNote": "Source Note: The provisions of this §303.5 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective January 1, 1999, 23 TexReg 12911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61861", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.6", "label": "Commission Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61862", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In January of even-numbered years, the commission shall elect one of the members to serve as vice-chair for a term of two years.(b) In the event of a vacancy in the office of vice-chair, the vacancy shall be filled for the unexpired term on majority vote of the commission at the next regular meeting of the commission.(c) In the absence of the chair and vice-chair from a meeting of the commission, the remaining members shall elect a pro-tem presiding officer who shall serve until the conclusion of the meeting or until the arrival of the chair or vice-chair.", "sourceNote": "Source Note: The provisions of this §303.6 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective June 1, 1992, 17 TexReg 3728; amended to be effective January 1, 1999, 23 TexReg 12911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61862", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.7", "label": "Employees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61863", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall employ an executive secretary who shall employ other employees necessary to implement, administer, and enforce the Act.(b) The commission and the executive secretary may not employ or continue to employ a person:(1) who owns or controls a financial interest in a licensee of the commission;(2) who is employed by or serves as a paid consultant to a licensee of the commission, an official breed registry, or a Texas trade association, as defined by the Act,§2.071(c), in the field of horse or greyhound racing or breeding;(3) who owns or leases a race animal that participates in pari-mutuel racing in this state; or(4) who accepts or is entitled to a part of the purse or Texas-bred incentive award to be paid on a greyhound or a horse in a race held in this state.(c) The commission and the executive secretary may not employ or continue to employ a person who is residentially domiciled with or related within the first degree by affinity or consanguinity to a person who is ineligible for employment under subsection (b) of this section.(d) The commission shall employ the executive secretary and other employees in a manner that reflects the diversity of the population in this state with regard to race, color, creed, handicap, sex, religion, age, and national origin.", "sourceNote": "Source Note: The provisions of this §303.7 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective January 1, 1998, 22 TexReg 12045; amended to be effective January 1, 1999, 23 TexReg 12911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61863", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.8", "label": "Executive Secretary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "96366", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive secretary serves at the pleasure of the commission on a full-time basis and may not hold other employment. The executive secretary shall administer the programs of the agency and has all powers necessary for such administration, as well as any specific duties assigned or functions delegated by the commission.(b) The executive secretary shall maintain the records of the commission and ensure the agency's compliance with the open records and records retention laws.(c) The executive secretary shall establish the organizational structure of the agency's employees, including the establishment of various divisions within the agency. The executive secretary shall prescribe the duties and compensation for all other commission employees, subject to the commission's approval of the budget. The executive secretary shall adopt personnel policies and other internal operating policies and procedures. The executive secretary shall develop the departmental budgets to allocate expenditures within the agency based on the approved agency operating budget.(d) The executive secretary shall prepare and file all agency reports required by law that are retrospective in nature, such as the annual financial report and periodic reports on performance measures.(e) The executive secretary shall enforce the Act, the rules, and the orders of the commission, including determining the method of enforcement, the amount of penalties, the issuance of preliminary reports for administrative penalties, and the development of enforcement guidelines for use by the stewards and racing judges.(f) The executive secretary shall issue occupational licenses and training facility licenses in accordance with the criteria established in the Act and the rules. The executive secretary shall review all applications for racetrack licenses and licenses to conduct race meetings and make a report to the commission regarding the issuance of such licenses.(g) Except as otherwise provided by a rule of the commission, if the commission places a duty on the executive secretary, by rule or otherwise, the executive secretary may delegate that duty to another employee of the commission.", "sourceNote": "Source Note: The provisions of this §303.8 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective January 1, 1998, 22 TexReg 12045; amended to be effective January 1, 1999, 23 TexReg 12911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "96366", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.9", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by the Act, Commission records are subject to the Texas Open Records law, Government Code, Chapter 552.(b) To inspect Commission records, a person must make a request to the executive secretary. The executive secretary may require the request to be made in writing.(c) A person may not remove an original record from the offices of the Commission without the approval of the executive secretary.(d) A person requesting to inspect a Commission record must pay all costs involved in preparing or copying the record. The Commission adopts the suggested charges promulgated by the Texas Building and Procurement Commission for providing copies of public information at 1 TAC §111.63 and Government Code §552.261.(e) If the Commission mails a copy of Commission record to a person requesting to inspect the record, the Commission may also charge the person for the appropriate amount of postage.(f) The executive secretary may establish written procedures for inspection of Commission records consistent with the state's open records requirements.", "sourceNote": "Source Note: The provisions of this §303.9 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective January 2, 1992, 16 TexReg 7477; amended to be effective November 1, 1994, 19 TexReg 8109; amended to be effective January 1, 1999, 23 TexReg 12911; amended to be effective September 9, 2002, 27 TexReg 8210." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61865", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.10", "label": "Investigatory Files" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27922", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission may create or maintain an investigatory file on any applicant or licensee. The investigatory file must relate to a background investigation, complaint, alleged violation or other regulatory matter.", "sourceNote": "Source Note: The provisions of this §303.10 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective January 2, 1992, 16 TexReg 7477; amended to be effective January 1, 1999, 23 TexReg 12911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27922", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.11", "label": "Vacancies on the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83968", "queryAsDate": "03/11/2026" }, "ruleBody": "If a vacancy occurs on the commission, the chairman shall call a special meeting to request the governor to appoint a new member to fill the vacancy. If the vacancy occurs in the office of the chairman, the vice chairman shall call the special meeting.", "sourceNote": "Source Note: The provisions of this §303.11 adopted to be effective November 15, 1988, 13 TexReg 5557." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83968", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.12", "label": "Use of Commission Motor Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motor vehicle owned by the Commission is state property and may be used for official Commission business only. A Commission motor vehicle may not be assigned to a specific employee but must be available for use by all eligible employees. A Commission motor vehicle will be kept at the agency's Austin headquarters.(b) A Commission employee is eligible to use a Commission motor vehicle if the employee possesses a valid Texas driver's license and has a satisfactory driving record, as determined by the Executive Secretary.(c) An employee operating a Commission motor vehicle must comply with all applicable state traffic laws and the Commission's traffic safety policies. A violation of one of those laws or policies is grounds for disciplinary action.", "sourceNote": "Source Note: The provisions of this §303.12 adopted to be effective January 7, 2001, 26 TexReg 192." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8961", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.13", "label": "Seal of the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61866", "queryAsDate": "03/11/2026" }, "ruleBody": "The seal of the commission is a circle with the words \"Texas Racing Commission\" arranged on the inner edge of the circle. In the center of the circle is a five-pointed star, a live oak branch, and an olive branch, common to other official Texas state seals.", "sourceNote": "Source Note: The provisions of this §303.13 adopted to be effective November 15, 1988, 13 TexReg 5557." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61866", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.14", "label": "Unofficial Statements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61867", "queryAsDate": "03/11/2026" }, "ruleBody": "An unofficial statement made by a commission member or an employee of the commission is not binding on the commission.", "sourceNote": "Source Note: The provisions of this §303.14 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective January 1, 1999, 23 TexReg 12911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.15", "label": "Acts in the Commission's Name" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136022", "queryAsDate": "03/11/2026" }, "ruleBody": "A commission member may not act in the name of the commission on any matter without the approval of a majority of the commission.", "sourceNote": "Source Note: The provisions of this §303.15 adopted to be effective November 15, 1988, 13 TexReg 5557; amended to be effective January 1, 1999, 23 TexReg 12911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136022", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.16", "label": "Historically Underutilized Businesses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "120434", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Government Code, §2161.003, the Commission adopts by reference the provisions of 34 TAC §20.11 et seq.", "sourceNote": "Source Note: The provisions of this §303.16 adopted to be effective September 7, 2003, 28 TexReg 7368; amended to be effective April 15, 2008, 33 TexReg 2949." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "120434", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "ORGANIZATION OF THE COMMISSION" }, "rule": { "number": "§303.17", "label": "Vendor Protests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176679", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Commission's chief fiscal officer. The protest must be in writing and received in the Commission's main office in Austin not later than the 10th day after the date the aggrieved person knows, or should have known, of the occurrence of the action which is protested.(b) The chief fiscal officer is authorized to settle and resolve the dispute concerning the solicitation or award of a contract. If the protest is not resolved by mutual agreement, the chief fiscal officer shall issue a written determination on the protest.(c) Not later than the 10th day after receiving notice of the chief fiscal officer's determination, the protesting party may file a written appeal to the executive secretary. The executive secretary's decision on the appeal is final.", "sourceNote": "Source Note: The provisions of this §303.17 adopted to be effective July 15, 2005, 30 TexReg 3993." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176679", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.31", "label": "Regulation of Racing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61869", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission shall regulate each live and simulcast race meeting conducted in this state and supervise the operation of racetracks and the persons other than patrons who participate in a race meeting.", "sourceNote": "Source Note: The provisions of this §303.31 adopted to be effective November 15, 1988, 13 TexReg 5558; amended to be effective January 1, 1999, 23 TexReg 12912; amended to be effective May 23, 2007, 32 TexReg 2749; amended to be effective September 28, 2014, 39 TexReg 7573; amended to be effective March 13, 2016, 41 TexReg 1684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61869", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.32", "label": "Power of Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61870", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A member or authorized agent of the commission, a steward or judge, a commissioned officer of the Department of Public Safety who is assigned to work on racing investigations, or a peace officer of the local jurisdiction in which the association maintains a place of business may enter an office, a racetrack, any area on association grounds, or any similar area or other place of business of an association at any time to enforce or administer the Act or commission rules.(b) An association or an officer, employee, or agent of an association may not refuse or deny a request to enter under this section and may not hinder a person who is conducting an investigation under or attempting to enforce or administer the Act or commission rules.", "sourceNote": "Source Note: The provisions of this §303.32 adopted to be effective November 15, 1988, 13 TexReg 5558; amended to be effective January 2, 1992, 16 TexReg 7477; amended to be effective May 1, 1992, 17 TexReg 2767; amended to be effective January 1, 1999, 23 TexReg 12912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.33", "label": "Subpoenas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "622", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A member of the commission, the executive secretary, an administrative law judge, or other person authorized by the commission, in performing duties under the Act, may take testimony and may require by subpoena the attendance of witnesses and the reproduction of books, records, papers, correspondence, and other documents that the commission considers advisable.(b) Subpoenas must be issued under the signature of the commission, the executive secretary, an administrative law judge, or other person authorized by the commission and may be served by any person designated by the commission.(c) A member of the commission, the executive secretary, an administrative law judge, or other person authorized by the commission may administer an oath or affirmation to a witness appearing before the commission or a person authorized by the commission.(d) If a subpoena issued on behalf of the commission is disobeyed, the commission or executive secretary may invoke the aid of the appropriate state court in requiring compliance with the subpoena.(e) For an individual compelled to appear before the commission under this section, the commission shall pay travel expenses in accordance with the provisions in effect for state employees. For a witness who is not a state employee, the commission shall pay for all taxes associated with the travel expenses that are not applicable to state employees. The executive secretary may authorize the payment of a witness fee in an amount not to exceed $200 per day. The commission reserves the right to bill the expenses to parties requiring the appearance of the individual.", "sourceNote": "Source Note: The provisions of this §303.33 adopted to be effective November 15, 1988, 13 TexReg 5558; amended to be effective July 26, 1990, 15 TexReg 3993; amended to be effective January 2, 1992, 16 TexReg 7478; amended to be effective August 15, 1995, 20 TexReg 5381; amended to be effective January 1, 1999, 23 TexReg 12912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "622", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.34", "label": "Certified Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "96370", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission may require a document required to be filed with the commission to be certified under penalty of perjury.", "sourceNote": "Source Note: The provisions of this §303.34 adopted to be effective November 15, 1988, 13 TexReg 5558." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "96370", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.35", "label": "Access to Commission Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "96369", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons who do not speak English or who have a physical, mental, or developmental disability will be provided reasonable access to the Commission and to the Commission's programs.(b) All Commission facilities, including facilities on association grounds, will comply with Texas Civil Statutes, Article 9102, concerning architectural barriers and the policy of the State of Texas to encourage and promote the rehabilitation of disabled individuals. Each association licensed by the Commission is required to ensure accessibility to its facilities for disabled persons, pursuant to §309.113 of this title (relating to Accessibility by Disabled Persons).(c) All testing, whether oral, in sign language, or in a foreign language, will be arranged when an examination is required for licensure. A hearing before the Board of Stewards/Judges or the State Office of Administrative Hearings will be arranged as needed if a question of fitness for a particular license should arise.(d) Complaints against a person or entity regulated by the Commission will be accepted in all forms under all circumstances and the Commission will provide an interpreter with an investigator should a language problem arise. The Commission welcomes public input at Commission meetings. On prior reasonable notice to the Commission, an interpreter will be provided to assist individuals in making presentations to the Commission.", "sourceNote": "Source Note: The provisions of this §303.35 adopted to be effective September 1, 1998, 23 TexReg 8673; amended to be effective September 9, 2002, 27 TexReg 8211." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "96369", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.38", "label": "Cooperation with Peace Officers and Other Enforcement Entities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211368", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission, its employees, and its licensees shall cooperate with all district attorneys, county attorneys, the Department of Public Safety, the attorney general, and all peace officers who are enforcing a criminal law related to racing, the Act, or the Rules.", "sourceNote": "Source Note: The provisions of this §303.38 adopted to be effective November 15, 1988, 13 TexReg 5558; amended to be effective May 1, 1992, 17 TexReg 2767; amended to be effective January 1, 1999, 23 TexReg 12912; amended to be effective September 9, 2002, 27 TexReg 8211." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211368", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.41", "label": "Allocation of Race Dates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209310", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall allocate live race dates, including charity days, to each association for such time periods and at such racing locations as the commission determines in accordance with the Act and this section.(b) Upon its own motion or upon the request of any association, the commission may designate an application period during which the commission shall accept applications for race dates.(c) The commission shall establish the time period or periods for which it will consider granting race dates.(d) Upon designation by the commission of an application period under this section, the executive secretary shall publicize that application period to the affected greyhound and horse racing associations at least 30 days before the closing date of the period.(e) The application must be on a form prescribed by the commission. After the request is filed, the executive secretary may require the association to submit additional information if the executive secretary determines the additional information is necessary to effectively evaluate the request.(f) In allocating race dates under this section, the commission may consider the following factors and the degree to which the association's proposed race meeting will serve to nurture, promote, develop, or improve the horse or greyhound industry in Texas:(1) the association's current ability to pay all fees and other amounts owed to the commission, to the state, and to local governments;(2) the association's willingness and ability to comply and past performance in complying with the Rules and the Act;(3) the current condition of the association's racetrack and facilities for patrons, race animals, and occupational licensees;(4) the anticipated effect of the proposed race meeting on the continuity of racing during the year;(5) the live race dates requested by other associations licensed to conduct races for the same species of animal;(6) the anticipated overall economic effect to the state from the race meeting;(7) the anticipated effect of the race meeting on the greyhound or horse breeding industry in Texas;(8) the anticipated effect of scheduled race meetings in neighboring race states on the proposed race meeting; and(9) the anticipated availability of race animals for the race meetings.(g) The commission shall approve the actual days awarded, and the total number of performances. The commission may require a minimum number of races in a race meet.(h) An association shall conduct pari-mutuel racing on each race date granted under this section, and in accordance with the race date calendar approved by the Commission, unless the association receives the prior approval of the executive secretary.(i) If circumstances beyond the control of the association prevent the association from conducting a performance, the commission may award a make-up performance.(j) Change in Race Date Allocation.(1) The executive secretary may permit an association to request additional live race dates after its request under this section has been acted on by the commission if the executive secretary determines that:(A) the request includes evidence that granting the additional live race dates will enhance the breeding and training industries for horses or greyhounds;(B) the association's failure to request the live race dates initially was not due to the association's neglect; and(C) if the request duplicates a request by the association that has already been denied by the commission, changed circumstances exist that necessitate additional consideration by the commission.(2) An association may request a change to the live race dates granted by the commission provided the association obtains the approval of all associations that are affected by the proposed change. This subsection applies to any proposed change to the number or format of live race dates.(3) The executive secretary may approve an association's request to add, delete, or modify live race dates, provided that the request:(A) does not add any live race dates that are more than fourteen calendar days preceding the start of the Commission-approved race meet or more than fourteen days following the end of the Commission-approved race meet;(B) is supported in writing by each breed organization affected by the change;(C) is supported in writing by each association that is affected by the change; and(D) in the case of a horse racing association, is supported in writing by the horsemen's organization.(4) In determining whether to approve a request under this subsection, the executive secretary may consider the effect that approving the request would have on the workload and budget status of the Commission.(5) For purposes of this subsection, an allocation of live race performances may be changed in the same manner as a change in the allocation of live race dates.", "sourceNote": "Source Note: The provisions of this §303.41 adopted to be effective March 28, 1989, 14 TexReg 1364; amended to be effective November 29, 1990, 15 TexReg 6587; amended to be effective January 2, 1992, 16 TexReg 7478; amended to be effective September 1, 1993, 18 TexReg 5396; amended to be effective October 1, 1996, 21 TexReg 9061; amended to be effective January 1, 1999, 23 TexReg 12912; amended to be effective May 6, 2004, 29 TexReg 4147; amended to be effective September 2, 2007, 32 TexReg 5367; amended to be effective September 19, 2013, 38 TexReg 6201." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209310", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.42", "label": "Approval of Charity Race Days" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8969", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall conduct charity days as required by the Act. A greyhound association shall conduct at least five charity race days each year. A Class 1 or Class 2 horse racetrack shall conduct at least two and not more than five charity race days each year.(b) An association shall apply to the commission not later than July 1 of each year for charity race dates to be conducted in the next calendar year. The application must be in writing and contain:(1) the name of the charity;(2) the name and address of each individual who serves as an officer or director of the charity or who owns an interest in the charity of 5% or more;(3) a brief description of the activities or purposes of the charity; and(4) a copy of an Internal Revenue Service letter of determination that qualifies the charity as an exempt organization for purposes of federal income tax.(c) An association shall pay to the charity at least 2% of the total pari-mutuel handle generated at the association's racetrack on live races and imported simulcast races on the charity race day.(d) One of the charity days must be conducted for a charity that directly benefits the persons who work in the stable or kennel area of the racetrack. At least one of the charity days shall be open to any charity that meets the requirements of subsection (b)(1) - (4) above.", "sourceNote": "Source Note: The provisions of this §303.42 adopted to be effective August 30, 1989, 14 TexReg 4117; amended to be effective January 2, 1992, 16 TexReg 7478; amended to be effective January 1, 1998, 22 TexReg 12046; amended to be effective January 1, 1999, 23 TexReg 12912; amended to be effective September 28, 2014, 39 TexReg 7573; amended to be effective March 13, 2016, 41 TexReg 1684; amended to be effective July 1, 2022, 47 TexReg 3682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8969", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.43", "label": "Allocation of Live Race Dates for Class 1 Racetracks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194525", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may not grant overlapping live race dates for the same breed of horse at Class 1 racetracks unless the overlapping is agreed to in writing by the affected Class 1 racetracks.(b) For any year in which there are less than three Class 1 racetracks in Texas holding final non-appealable licenses, the commission shall allocate to each such racetrack at least 17 consecutive weeks of live thoroughbred racing and at least 17 consecutive weeks of live quarter horse racing, unless otherwise agreed to by the appropriate breed registry. Each week of live racing shall consist of a minimum of four consecutive race days. If a Class 1 racetrack informs the commission in writing that it does not desire the full number of weeks of racing for either breed, the commission may allocate the extra weeks to another racetrack.", "sourceNote": "Source Note: The provisions of this §303.43 adopted to be effective December 10, 1992, 17 TexReg 8291." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194525", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "POWERS AND DUTIES OF THE COMMISSION" }, "rule": { "number": "§303.44", "label": "Oversight of Use of Funds Generated by Pari-Mutuel Racing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "624", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Subject to subsection (b), the commission may suspend or withhold funds from an organization:(1) that it determines has failed to comply with the requirements or performance measures adopted under Section 2028.001, Tex. Occ Code; or(2) for which material questions on the use of funds by the organization are raised following an independent audit or other report to the commission.(b) The commission shall not withhold funds from an organization pursuant to subsection (a) unless:(1) the commission has notified the organization of all outstanding requirements, performance measures, and material questions on the use of funds by the organization and has provided at least 30 days for the organization to address the issue(s); and(2) the issues remain unresolved after the deadline indicated in the letter.", "sourceNote": "Source Note: The provisions of this §303.44 adopted to be effective April 8, 2019, 44 TexReg 1716." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "624", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "POWERS AND DUTIES OF THE COMPTROLLER OF PUBLIC ACCOUNTS" }, "rule": { "number": "§303.61", "label": "Power of Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61875", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The comptroller or a person authorized by the comptroller may enter an office, racetrack, or other place of business of an association at any time to inspect the association's records required to be maintained by a rule of the commission.(b) To assist the comptroller in gaining access to a place under this section, the commission may issue a subpoena under §303.33 of this title (relating to Subpoenas).", "sourceNote": "Source Note: The provisions of this §303.61 adopted to be effective November 15, 1988, 13 TexReg 5558." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61875", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "POWERS AND DUTIES OF THE COMPTROLLER OF PUBLIC ACCOUNTS" }, "rule": { "number": "§303.62", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association or other person required by a rule of the commission to maintain records regarding the operation of a racetrack shall allow the comptroller or a person authorized by the comptroller to inspect the records.(b) Failure to allow the comptroller or a person authorized by the comptroller to inspect a record in accordance with this section is grounds for disciplinary action by the commission.", "sourceNote": "Source Note: The provisions of this §303.62 adopted to be effective November 15, 1988, 13 TexReg 5558; amended to be effective January 1, 1999, 23 TexReg 12913." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8967", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "POWERS AND DUTIES OF THE COMPTROLLER OF PUBLIC ACCOUNTS" }, "rule": { "number": "§303.63", "label": "Comptroller Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61876", "queryAsDate": "03/11/2026" }, "ruleBody": "If the comptroller adopts rules for the enforcement of the comptroller's powers and duties under the Act, a licensee's failure to comply with a rule of the comptroller is considered a violation of a rule of the commission and is grounds for disciplinary action by the commission.", "sourceNote": "Source Note: The provisions of this §303.63 adopted to be effective November 15, 1988, 13 TexReg 5558." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.81", "label": "Texas-bred Incentive Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "96371", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive secretary shall administer the Texas-bred incentive programs established by the Act in a manner consistent with the purposes of the Act.(b) Each official state breed registry designated in the Act shall develop a program, which is subject to the approval of the executive secretary, for distributing the funds available to the registry for incentive awards. The executive secretary shall develop a system of communication with and reporting by the various state breed registries to ensure that the appropriate incentive awards are distributed in a timely fashion to the person who are entitled to receive the awards.(c) The executive secretary shall use state-of-the-art informations systems to administer the programs.", "sourceNote": "Source Note: The provisions of this §303.81 adopted to be effective March 28, 1989, 14 TexReg 1364; amended to be effective January 2, 1992, 16 TexReg 7479; amended to be effective January 1, 1999, 23 TexReg 12913." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "96371", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.82", "label": "Bond Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "120435", "queryAsDate": "03/11/2026" }, "ruleBody": "The treasurer or chief fiscal officer of each official breed registry must be insured by a bond in an amount sufficient to ensure the integrity of the program administered through that breed registry.", "sourceNote": "Source Note: The provisions of this §303.82 adopted to be effective March 28, 1989, 14 TexReg 1364; amended to be effective January 1, 1999, 23 TexReg 12913; amended to be effective September 9, 2002, 27 TexReg 8211." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "120435", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.83", "label": "Audits, Financial Statements and Performance Measures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "96372", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An official breed registry shall expend the funds available to it under the Act in the manner required by law. The Commission may require or conduct an audit of the financial records of a breed registry to ensure the breed registry is complying with the applicable law.(b) Not later than June 15 of each year, each breed registry designated by the Act shall submit to the Commission audited financial statements regarding its operation of the Texas Bred Incentive Program for that breed. The executive secretary may prescribe the form for the financial statements. In conjunction with the financial statements, each breed registry shall submit to the Commission a schedule of awards payable in a format prescribed by the executive secretary.(c) Not later than June 15 of each year, each breed registry designated by the Act shall submit to the Commission a report on performance measures on a form prescribed by the executive secretary.", "sourceNote": "Source Note: The provisions of this §303.83 adopted to be effective March 28, 1989, 14 TexReg 1364; amended to be effective January 2, 1992, 16 TexReg 7479; amended to be effective February 1, 1995, 19 TexReg 10355; amended to be effective January 1, 1999, 23 TexReg 12913; amended to be effective April 1, 2001, 26 TexReg 2153; amended to be effective January 1, 2003, 27 TexReg 12187; amended to be effective July 15, 2005, 30 TexReg 3994." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "96372", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.84", "label": "Report to the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "96373", "queryAsDate": "03/11/2026" }, "ruleBody": "A breed registry designated by the Act or another organization recognized by the Commission for any purpose shall provide to the Commission on June 15 of each year:(1) a current list of the officers, directors, and members of the organization; and(2) a copy of the organization's current charter, bylaws, or other organizational documents, including all amendments to those documents.", "sourceNote": "Source Note: The provisions of this §303.84 adopted to be effective November 3, 1989, 14 TexReg 5620; amended to be effective January 1, 1999, 23 TexReg 12913; amended to be effective September 9, 2002, 27 TexReg 8211." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "96373", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.85", "label": "Background Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "62568", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission may require the officers, directors, or managers of a breed registry to submit to a background investigation conducted by the Department of Public Safety or the Commission.", "sourceNote": "Source Note: The provisions of this §303.85 adopted to be effective November 3, 1989, 14 TexReg 5620; amended to be effective January 2, 1992, 16 TexReg 7479; amended to be effective September 9, 2002, 27 TexReg 8211." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "62568", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.86", "label": "Participation in Texas Bred Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205213", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An official breed registry may not require a person to join the breed organization to participate in a Texas bred program.(b) An official breed registry may not charge an extra fee to non-members of the breed organization to participate in a Texas bred program unless the extra fee is justified by additional administrative costs and approved by the executive secretary.", "sourceNote": "Source Note: The provisions of this §303.86 adopted to be effective January 4, 1999, 23 TexReg 12914." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205213", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.92", "label": "Thoroughbred Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195713", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Horse Owner--A person who is owner of record of an accredited Texas-bred horse at the time of a race.(2) Breeder--The owner of the dam at the time of foaling as stated on the foal's Jockey Club certificate of registration.(3) Stallion Owner--A person who is the owner of record, at the time of conception, of the stallion that sired the accredited Texas-bred horse.(4) Accredited Texas-bred Thoroughbred--A horse registered with the Jockey Club, accredited with the breed registry and foaled in Texas, out of a mare accredited with the breed registry that is permanently domiciled in Texas.(5) Accredited Texas Thoroughbred Mare--A mare registered with the Jockey Club, accredited with the breed registry, and permanently domiciled in Texas except for racing and breeding privileges. Annual reproductive activity of the mare may be required to be reported to the breed registry in writing via photocopy of the Live Foal Report/No Foal Report submitted annually to the Jockey Club.(6) Accredited Texas Thoroughbred Stallion--A stallion registered with the Jockey Club, accredited with the breed registry, and standing in Texas. The breed registry must be notified in writing within 10 calendar days each time the stallion leaves or enters the State of Texas. A photocopy of the annual Report of Mares Bred may be required to be submitted to the breed registry office on or before the date required by the Jockey Club (August 1). Stallion owners are eligible to receive stallion awards only from offspring sired in Texas after the stallion has become accredited with the breed registry and applicable administrative fees have been paid.(7) Breed Registry--The Texas Thoroughbred Association, the official breed registry for thoroughbred horses as designated in the Act.(8) Bred--A mare is considered to have been bred by a stallion if the physical act of breeding has occurred and the mare is listed on the stallion's Report of Mares Bred filed with the Jockey Club for a particular breeding season and is not subsequently bred during that breeding season to a stallion not accredited by the breed registry. A mare does not have to become pregnant or produce a live foal to be considered bred, so long as these criteria are met.(b) Organizational Structure. The breed registry shall comply with the provisions of the Act and Rules and shall further maintain substantially the following:(1) Records of the breed registry shall be kept so as to identify separately the activities of the accredited Texas-bred program.(2) Management of the accredited Texas-bred program shall be under the control of the board of directors of the breed registry and may be exercised through a committee or other governing body appointed by and accountable to the board of directors. The committee shall keep records or minutes of its proceedings and shall establish its operational procedures. The committee's records must be available for inspection at any time by the commission at the office of the breed registry. The committee is authorized to reasonably interpret the definitions and standards of this section, subject to approval by the board of directors, whose decision in such matters shall be final.(3) The committee shall prepare and implement a budget on an annual basis, subject to prior approval of the board of directors. The budget may contain provisions for reserves for contingencies deemed appropriate. The breed registry may develop and implement a fair system for sharing and allocating expenses and operational costs between breed registry activities and accredited Texas-bred program activities, taking into consideration the promotion and improvement of thoroughbred horses in Texas. In no event may funds that are dedicated by law to fund the incentive awards program be used for any other purpose. Any funds or services advanced or provided by the breed registry to the accredited Texas-bred program may be offset or otherwise recouped upon proper accounting. The committee is authorized to set and collect application and administration fees.(4) From time to time, additional accredited Texas-bred awards become due after the fact of initial awards calculation and timely distribution for each race meet. The additional awards are most often due as the result of a disqualification with subsequent revised order of finish and redistribution of purse funds. Other factors may include incomplete or incorrect data received by the breed registry. In all instances, the changes are beyond the control of the breed registry. The committee shall establish an awards redistribution fund for each racetrack, not to exceed 5% of the total awards payout for each racetrack. The committee shall determine the amount of the redistribution fund for each racetrack and shall review the amount annually to make appropriate adjustments. The committee shall also establish a minimum fund balance for each racetrack. The fund shall be replenished only when a minimum fund balance is reached. Redistribution funds shall be derived from accredited Texas-bred awards funds generated from multiple wagers at each racetrack and shall be set aside before any regular accredited Texas-bred awards are calculated or paid. Redistribution funds shall only be used to pay accredited Texas-bred awards that become due after the initial calculation and timely distribution of awards payable for each race meet. In the event that, after initial awards calculation, a disqualification or other change in accredited Texas-bred awards that cannot be paid because a horse that is not eligible for awards moves up in the order of finish, those awards shall be added to the redistribution fund.(5) Eligibility for awards under the accredited Texas-bred program may not be conditioned upon membership in an organization.(c) Procedure for Payment of Awards.(1) Conditions precedent for payment of awards are:(A) If a horse is leased, there must be on file with the breed registry a lease agreement specifying which party shall receive award money.(B) Breeder's Awards will be paid only on an accredited Texas-bred Thoroughbred whose dam was accredited with the breed registry either prior to foaling the subject horse or within the same calendar year of foaling the subject horse and is covered by the definition set forth in §2021.003(50) of the Act. A horse covered by §2021.003(50)(C) of the Act is eligible for only one-half of the incentives awarded pursuant to §2028.103 and §2028.105 of the Act, except as provided by subparagraph (C) of this paragraph.(C) If an accredited Texas-bred Thoroughbred mare dies during or after foaling a foal that was not sired by an accredited Texas-bred stallion and before she can be bred back to an accredited Texas-bred Thoroughbred stallion during that breeding season, said foal shall be eligible for full accredited Texas-bred breeder awards provided that, not later than August 1 of the year of foaling, the breeder files an official death report with the Jockey Club and submits the following documentation to the Texas Thoroughbred Association via certified mail or other return receipt delivery method:(i) a copy of the Jockey Club death report;(ii) a completed official Texas Thoroughbred Association death report; and(iii) a veterinarian's statement of the date, location, and cause of the mare's death.(D) Accreditation fees are non-refundable after a work order has been assigned to an eligible entry. If a horse is ineligible, the fee will be refunded to the applicant.(E) When any accredited Texas-bred horse becomes breeding stock, it must be converted, with the breed registry, to an accredited mare or stallion.(F) All applicable fees set by the breed registry must have been paid.(G) All participants in the accredited Texas-bred program must provide the breed registry in writing the identity of the authorized payee and the address to which awards are to be sent. Any change in ownership, payment entitlement, or address shall not be effective unless and until it is provided to the breed registry in writing. The breed registry may rely on the information so provided to it.(2) Owner's awards.(A) Any accredited Texas-bred Thoroughbred that finishes first, second, or third in any race in Texas (with the exception of a stakes race restricted to accredited Texas-breds) shall receive an owner's incentive award. All owner's incentive awards shall be noted in each association's condition book and race program so as to identify the availability of the accredited Texas-bred program owner incentive awards.(B) An accredited Texas-bred Thoroughbred horse that finishes first, second, or third in a race, other than a Texas-bred race, shall receive an owner's bonus award as a purse supplement, as provided by §2028.107 of the Act.(3) Award funds derived by the breed registry pursuant to §2028.103 of the Act may be allocated and disbursed by the breed registry to purses at Texas associations for races restricted to accredited Texas-bred thoroughbred horses for special event races or days.(4) Funds actually received from a greyhound association pursuant to §2028.202 of the Act shall be used as purses by the breed registry within a reasonable time, not to exceed 18 months from date of receipt.(5) If a share of the breakage cannot be distributed to the person who is entitled to a share, the breed registry shall retain that share. Thereafter, a notice of the entitlement shall be published in the Texas Thoroughbred magazine for the first three issues of the second calendar year after accrual of the entitlement. If the entitlement is not claimed before August 31 following such publication, the funds shall be transferred to the breed registry's general account. If the person entitled to the share thereafter makes a claim in a form acceptable to the breed registry, the breed registry shall pay such person the amount of the share.(d) Procedure for hearings. The following provisions shall apply to hearings on matters pertaining to administration of the accredited Texas-bred program.(1) Right to a hearing. If the breed registry proposes to deny an application for accreditation, revoke an accreditation previously granted, or withhold payment of an award, the person(s) affected shall be notified in writing of the proposed action and the basis therefore. The action shall become final, unless within 10 days of the date of receipt of the notice by the affected person(s), the person(s) files with the breed registry a written request for a hearing before its board of directors. On timely receipt of a request, the board of directors shall conduct a hearing. The board of directors, in its sole discretion, may grant or conduct a hearing on any other matter or issue raised by the administration of the accredited Texas-bred program.(2) Notice of hearing. The board of directors shall send written notice of the hearing to all affected parties. The notice must be received at least 10 days prior to the date of the hearing, must specify the time and place of hearing, must contain a statement of the matters to be considered and possible action to be taken, and must advise the recipient(s) of the right to appear and present evidence.(3) Conduct of hearing. The breed registry shall have the burden of proof in any proceeding for denial or revocation of accreditation. In all other matters, the burden of proof is on the party seeking action by the breed registry. Each party shall be entitled to representation by legal counsel. The board of directors may determine the order and length of the proceeding and shall allow each party the opportunity to submit sworn testimony, documents, and argument as the party may desire, but formal rules of evidence shall not apply. All witnesses are subject to cross-examination and to questions from the members of the board of directors. A record of the proceedings shall be made and kept, and a transcript shall be provided to any party who requests and pays in advance for same.(4) Decision. At any time after the closing of the hearing, the board of directors may issue its decision, which shall be in writing and which shall state the findings and reasons for the action taken. In addition to ruling on the issues presented, the decision may require any party to reimburse the breed registry for its expense and attorneys fees incurred in the preparation for and conduct of the hearing and may require repayment with lawful interest to the breed registry of any funds found to have been wrongfully or improperly received. The decision of the board of directors is final and not subject to review. A copy of the decision shall be filed with the Commission and shall be published in the next issue of the Texas Thoroughbred, and thereafter all persons shall have constructive notice of the decision and its contents.", "sourceNote": "Source Note: The provisions of this §303.92 adopted to be effective March 28, 1989, 14 TexReg 1364; amended to be effective December 1, 1996, 21 TexReg 11163; amended to be effective April 1, 1997, 22 TexReg 2963; amended to be effective January 1, 1999, 23 TexReg 12914; amended to be effective July 1, 1999, 24 TexReg 4226; amended to be effective June 1, 2000, 25 TexReg 4735; amended to be effective September 1, 2000, 25 TexReg 8401; amended to be effective July 22, 2002, 27 TexReg 6294; amended to be effective January 1, 2003, 27 TexReg 12188; amended to be effective November 12, 2003, 28 TexReg 9827; amended to be effective January 10, 2008, 33 TexReg143; amended to be effective June 7, 2021, 46 TexReg 3515." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195713", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.93", "label": "Quarter Horse Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130150", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context indicates otherwise.(1) AQHA--American Quarter Horse Association.(2) ATB horse--A horse accredited by the TQHA as a Texas-bred quarter horse.(3) ATB broodmare--A mare accredited by the TQHA as breeding stock for participation in the Texas Bred Incentive Program for quarter horses.(4) ATB stallion--A stallion accredited by the TQHA as breeding stock for participation in the Texas Bred Incentive Program for quarter horses.(5) Breeder--A person who is, at the time of conception, the owner of record of an ATB broodmare that foals an ATB horse.(6) Owner--A person who is the owner of record of an ATB horse at the time of a race.(7) Stallion Owner--A person who is, at the time of conception, the owner of record of an ATB stallion that sired an ATB horse.(8) TQHA--Texas Quarter Horse Association.(b) Eligibility for Accreditation.(1) ATB Horses. A horse may be accredited as an ATB horse if the horse was foaled in Texas from an ATB broodmare and is bred to an ATB stallion at least every other breeding. TQHA may require documentation regarding breeding activity to prove eligibility for accreditation.(2) ATB Broodmares.(A) A mare may be accredited as an ATB broodmare if the mare is registered with the AQHA or the Jockey Club and is accredited by the TQHA as breeding stock.(B) An application for accreditation must be on a form prescribed by TQHA and include the applicable one-time payment as prescribed by TQHA. The deadline for filing an application for accreditation is June 30 of the year in which an ATB eligible foal is conceived. TQHA may accredit a broodmare for which the application for accreditation is filed after June 30 but no later than December 31 of the year in which an ATB eligible foal is conceived, provided the application includes payment of a late fee as established by TQHA. An application for accreditation is considered timely filed if it is placed in U.S. mail and is postmarked on or before the applicable deadline.(C) TQHA may accredit a broodmare for which an application is filed after December 31 of the year in which an ATB eligible foal is conceived; however, the breeder of that foal is not eligible to receive breeder awards for that foal.(3) ATB Stallions.(A) A stallion may be accredited as an ATB stallion if the stallion is permanently domiciled in Texas, is registered with the AQHA or the Jockey Club, and is accredited by the TQHA as breeding stock.(B) An application for accreditation must be on a form prescribed by TQHA and include the applicable payment as prescribed by TQHA. The deadline for filing an application for accreditation is April 15 of the year in which an ATB eligible foal is conceived. TQHA may accredit a stallion for which the application for accreditation is filed after April 15 but no later than December 31 of the year in which an ATB eligible foal is conceived, provided the application includes payment of a late fee as established by TQHA. An application for accreditation is considered timely filed if it is placed in U.S. mail and is postmarked on or before the applicable deadline.(C) A stallion may not be accredited for a particular foal unless all foals conceived in that year, other than foals conceived by a shipped semen process, were conceived in Texas. TQHA may require a report of mares bred to be submitted to verify eligibility for accreditation. A stallion may leave Texas for medical or racing purposes without losing its accreditation provided the stallion returns to Texas each year before January 1.(c) Accreditation requirements for multiple foals.(1) Subject to the other provisions of this subsection, multiple foals conceived in the same year by a single ATB broodmare are eligible for accreditation provided the mare was bred to an ATB stallion at least every other breeding and all other requirements for accreditation are satisfied.(2) If the multiple foals are the result of a transferred embryo or oocyte process conceived in a single breeding, all foals sired by an ATB stallion are eligible for accreditation. If the foals were sired by a non-ATB stallion:(A) only one of the foals sired by a non-ATB stallion may be accredited; and(B) the owner of the ATB broodmare at the time of conception must select which foal is to be accredited, must notify the TQHA of the selection, and is considered the breeder for purposes of breeder awards.(3) An ATB broodmare that produces multiple foals in a single year using the transferred embryo or oocyte process must submit to TQHA an Embryo/Oocyte Transfer Report. The report must be submitted on or before December 31 of the year of conception.(d) Accreditation requirements for foals produced from frozen semen.(1) A foal produced from frozen semen is eligible for accreditation provided all other requirements for accreditation are satisfied.(2) A stallion for which frozen semen is to be used must have satisfied all requirements for accreditation and be permanently domiciled in Texas during the year of conception. For frozen semen to be used after a stallion's death, the stallion must, at the time of the stallion's death, have satisfied all requirements for accreditation and been permanently domiciled in Texas.(3) In a single year, frozen semen may not be used in more than one jurisdiction.(e) Organizational Structure.(1) The TQHA shall maintain all ownership records for the Accredited Texas Bred Quarter Horse program. TQHA shall comply with all sections of the Act, including but not limited to §§2028.101-.107 and 2030.001-.004, Tex. Occ. Code. TQHA shall comply with the rules promulgated by the Commission, including but not limited to §§303.81 - 303.85 of this title (relating to General Provisions.)(2) The Board of Directors of TQHA shall have managerial control over the activities of the breed registry as to the operation and performance of the ATB program. The Board of Directors may delegate such authority to a committee. The Board of Directors shall establish budgeting and other procedures to ensure that the TQHA is in substantial compliance with the Act and the rules of the Commission and shall be subject to audit or inspection by the Commission. The Board of Directors shall reasonably interpret the definitions and standards of this section and decision by that body or its delegate shall be final.(3) The TQHA shall develop a system of accounting for the ATB funds that accrue prior to payment. In no event may funds that are dedicated by law to the incentive awards program be used for any other purpose.(4) Eligibility for ATB awards may not be conditioned upon membership in any organization.(f) Procedure for the Payment of ATB Awards.(1) The Commission shall forward monthly to the TQHA the total amount of Texas bred funds due to the TQHA pursuant to the Act and the rules of the Commission.(2) Conditions for payment of ATB awards.(A) Payment of ATB awards is conditional upon proper accreditation of horses and current ownership records as evidenced by TQHA and AQHA ownership records. In the event a horse owner, breeder or stallion owner is not listed on both registries, the payment of ATB awards may be withheld until such registration is completed in compliance with this section.(B) Leased horses must have an AQHA lease form on file with the TQHA prior to receiving any ATB awards on that horse.(C) A breeder is eligible to receive breeder awards for an ATB horse only if the ATB broodmare was accredited in accordance with subsection (b)(2)(B) of this section. A stallion owner is eligible to receive stallion awards for an ATB horse only if the ATB stallion was accredited in accordance with subsection (b)(3)(B) of this section and the owner paid the stallion participation fee established by TQHA for the year in which the ATB horse was conceived.(D) Accreditation fees are refundable only in the event they were submitted on an ineligible horse or if they were duplicated.(E) ATB horses that are registered as racing stock must be accredited also as either an ATB broodmare or ATB stallion to receive breeder or stallion awards from subsequent foals.(3) Procedures for Payment of Awards. Any accredited Texas-bred quarter horse that finishes first, second, or third in a pari-mutuel horse race in Texas (except stakes race restricted to Texas-breds) shall be entitled to receive an incentive award, as herein set forth.(A) Upon the completion of a racing period not to exceed five racing days, all associations currently conducting quarter horse racing shall forward to the TQHA offices via telecopy or other electronic means a copy of the official results from that period of racing. The official results shall include the date, race number, race conditions, name of each horse in the race, official order of finish, the owner of record, and purse earned from the purse amount.(B) TQHA will verify the ownership, registration, and eligibility of all horses that finish first, second, or third in a race at the association during the time period.(C) The Act provides that the funds that are accrued to the awards fund will be paid 40% to owners, 40% to breeders, and 20% to stallion owners. Also, 1.0% of all multiple two and multiple three wagers are to be paid to the Texas-bred program and are to be paid as awards.(D) TQHA shall maintain records of all ATB racing stock that earn awards. At the completion of a race meeting, TQHA will begin the process to generate awards checks for the owners, breeders, and stallion owners corresponding to those ATB racing stock by apportionment according to the percentages expressed in subparagraph (C) of this paragraph. The awards for each race shall be divided 50% to first place, 30% to second place, and 20% to third place. Upon receipt of the ATB funds from the commission for the race meeting, TQHA shall disburse the awards by U.S. mail.", "sourceNote": "Source Note: The provisions of this §303.93 adopted to be effective March 28, 1989, 14 TexReg 1364; amended to be effective December 1, 1996, 21 TexReg 11163; amended to be effective June 15, 1997, 22 TexReg 4571; amended to be effective January 1, 1999, 23 TexReg 12914; amended to be effective September 1, 1999, 24 TexReg 6482; amended to be effective September 7, 2003, 28 TexReg 7368; amended to be effective November 12, 2003, 28 TexReg 9829; amended to be effective September 8, 2004, 29 TexReg 8510; amended to be effective August 3, 2006, 31 TexReg 5960; amended to be effective July 29, 2010, 35 TexReg 6520; amended to be effective March 7, 2018, 43TexReg 1263; amended to be effective July 1, 2019, 44 TexReg 3261." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130150", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.94", "label": "Arabian Horse Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194524", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission adopts by reference the rules of the Texas Arabian Breeders Association dated March 25, 2006, regarding the administration of the Texas Bred Incentive Program for Arabian horses. Copies of these rules are available at the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711, or at the Commission office at 8505 Cross Park Dr., #110, Austin, Texas 78754-4594.", "sourceNote": "Source Note: The provisions of this §303.94 adopted to be effective January 2, 1992, 16 TexReg 7479; amended to be effective December 1, 1996, 21 TexReg 11163; amended to be effective August 15, 1997, 22 TexReg 6865; amended to be effective July 17, 2001, 26 TexReg 5236; amended to be effective March 1, 2003, 28 TexReg 1636; amended to be effective May 23, 2007, 32 TexReg 2749." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194524", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.95", "label": "Races for Accredited Texas-Bred Horses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "626", "queryAsDate": "03/11/2026" }, "ruleBody": "On each race day, an association shall provide for the running of at least two races limited to accredited Texas-bred horses, one of which shall be restricted to maidens. An association may defer, with the approval of the executive secretary, the running of one or both of the two races required by this section for each race day, but the association must provide that the total number of accredited Texas-bred races conducted in a race meeting is equal to or greater than twice the total number of race dates in the race meeting.", "sourceNote": "Source Note: The provisions of this §303.95 adopted to be effective March 7, 1991, 16 TexReg 1193; amended to be effective January 2, 1992, 16 TexReg 7480; amended to be effective February 22, 1996, 21 TexReg 1093; amended to be effective April 8, 2019, 44 TexReg1715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "626", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.96", "label": "Paint Horse Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157407", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission adopts by reference the rules of the Texas Paint Horse Breeders Association dated September 17, 1996, regarding the administration of the Texas Bred Incentive Program for paint horses. Copies of these rules are available at the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711, or at the commission office at 8505 Cross Park Drive, #110, Austin, Texas 78754-4594.", "sourceNote": "Source Note: The provisions of this §303.96 adopted to be effective February 4, 1997, 22 TexReg 953." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157407", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.97", "label": "Dually Registered Horses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "93047", "queryAsDate": "03/11/2026" }, "ruleBody": "Dually registered horses that are eligible for Accredited Texas Bred Incentive program awards are not eligible for awards from more than one recognized breed registry per race.", "sourceNote": "Source Note: The provisions of this §303.97 adopted to be effective July 12, 2012, 37 TexReg 5130." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "93047", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.99", "label": "Stakes and Other Prepayment Races-Breed Registries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "8976", "queryAsDate": "03/11/2026" }, "ruleBody": "If an official breed registry sponsors or accepts payments for a stakes or other prepayment race, the breed registry shall follow the procedures set forth in §309.298 of this title (relating to Stakes and Other Prepayment Races.)", "sourceNote": "Source Note: The provisions of this §303.99 adopted to be effective January 1, 1999, 23 TexReg 12914; amended to be effective March 13, 2002, 27 TexReg 1730." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=8976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "8976", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.101", "label": "Greyhound Breed Registry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206579", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Designation. The Texas Greyhound Association is the official breed registry for greyhounds.(b) Grant Program.(1) Each calendar year, the Texas Greyhound Association shall use 2.0% of the funds it receives under the Act, §6.09(d) for a grant program.(2) The grants must be awarded to an organization that is an exempt organization for purposes of federal income tax and that conducts programs for the rehabilitation or adoption of greyhounds who have completed their racing careers.(3) The Texas Greyhound Association shall adopt criteria and procedures for the awarding of the grants. The criteria and procedures are subject to the approval of the executive secretary.(4) Not later than March 1 of each year, the Texas Greyhound Association shall file with the commission a written report detailing the grants awarded under this subsection during the preceding calendar year. The Texas Greyhound Association shall appear before the commission at the request of the commission to report on its activities under this subsection.", "sourceNote": "Source Note: The provisions of this §303.101 adopted to be effective March 28, 1989, 14 TexReg 1364; amended to be effective January 1, 1998, 22 TexReg 12046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206579", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "TEXAS BRED INCENTIVE PROGRAMS" }, "rule": { "number": "§303.102", "label": "Greyhound Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223828", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration as a Texas-Bred Greyhound.(1) Eligibility Requirements for Owner/Lessee. The owner or lessee of the dam at the time of whelping must have been a resident of Texas for the three-year period preceding the date the litter was whelped. If the dam has multiple owners, each owner must meet the requirements in this subdivision.(2) Eligibility Requirements. To be registered as a Texas-bred greyhound, a greyhound must have been whelped in Texas and remained domiciled in Texas for the first six months of life.(3) Registration Procedure.(A) The owner or lessee of the dam at the time of whelping is responsible for registering a greyhound as Texas-bred.(B) The owner or lessee must submit to the Texas Greyhound Association (\"TGA\") the original \"Litter Registration Acknowledgement\" received from the National Greyhound Association (\"NGA\"), with a check or money order for the registration fee established by TGA.(C) With the application for registration, the owner or lessee must file an affidavit with the TGA affirming that all litter applications submitted by the owner or lessee meet the registry requirements. The affidavit must include an agreement that if any of the greyhounds being registered are removed from Texas before six months of age, the owner or lessee will notify TGA no later than 10 days after the removal. On being notified that a registered greyhound has been removed from Texas before six months of age, TGA shall remove the greyhound from the registry.(D) If the litter qualifies to be registered as Texas-bred greyhounds, the TGA will stamp the \"Litter Registration Acknowledgement\" and \"Certificate of Registration\" of each affected greyhound as \"Texas Bred\" and return them to the sender.(E) A person who submits an application for registration knowing that the application contains false information is subject to discipline by the TGA Executive Committee, including suspension from the TGA.(b) Owners' Awards.(1) The owner of a registered Texas-bred greyhound is eligible to receive an owner's award if the greyhound is among the first four Texas-bred greyhounds to finish a pari-mutuel race in Texas. For purposes of this subdivision, each elimination and final in a stakes race competition is considered a pari-mutuel race. A dead heat for any position is considered a placement in that position for each greyhound involved in the dead heat.(2) TGA will pay owners' awards no later than the last business day of each month for the previous month's awards. TGA will issue the check for each award to the person in whose name the Texas-bred greyhound is registered.(3) Determination of Available Award Funds. Available owners' awards for each month are composed of the sum of the following two amounts:(A) the total amount of money received from the Commission for the Texas Bred Incentive Program for the period between the dates that the last Texas greyhound meet ended and the current Texas greyhound meet began, minus the statutorily permitted amount for administrative expenses, multiplied by the ratio of the live pari-mutuel races proposed for the month to the number of live pari-mutuel races proposed in the current greyhound meet; and(B) the total amount of money received from the Commission for the Texas Bred Incentive Program during the current greyhound meet for the month, minus the statutorily permitted amount for administrative expenses.(4) Owners' awards for each live race during a month shall be paid out as follows:(A) First Texas-bred greyhound - each Texas-bred greyhound finish for first among Texas-bred greyhounds that compete in a Texas pari-mutuel race shall receive an equal share of 50% of the award funds available under paragraph (3) of this subsection.(B) Second Texas-bred greyhound - each Texas-bred greyhound finish for second among Texas-bred greyhounds that compete in a Texas pari-mutuel race shall receive an equal share of 25% of the award funds available under paragraph (3) of this subsection.(C) Third Texas-bred greyhound - each Texas-bred greyhound finish for third among Texas-bred greyhounds that compete in a Texas pari-mutuel race shall receive an equal share of 15% of the award funds available under paragraph (3) of this subsection.(D) Fourth Texas-bred greyhound - each Texas-bred greyhound finish for fourth among Texas-bred greyhounds that compete in a Texas pari-mutuel race shall receive an equal share of 10% of the award funds available under paragraph (3) of this subsection.(5) TGA shall make a reasonable effort to deliver all owners' awards. If after 12 months after issuing a check for an owner's award TGA is unsuccessful in delivering the check to the proper person, TGA shall void the check and add the unclaimed amount to the total amount to be distributed as owners' awards for the next greyhound meet.(6) Each month, one owner's award share under each subparagraph listed under paragraph (4) of this subsection will be retained to cover errors that may be made by TGA. A person who believes he or she is entitled to an owner's award must file a claim with TGA no later than 90 days after the end of the month during which the race on which the claim is based was conducted. On receipt of a claim for an owner's award, TGA shall determine whether the claim is valid. If the claim is valid, TGA shall immediately pay the owner's award. After the deadline for filing a claim, TGA shall add the remaining retained owner's award shares to the total amount to be distributed in the next greyhound meet. If more than one valid claim is filed, TGA shall pay the second and subsequent claims from the owner's award shares retained from the next and subsequent months until all valid claims are paid.(7) At the conclusion of the current greyhound meet and after the TGA has distributed all owners' awards under this subsection, the TGA shall add any remaining Accredited Texas Bred Funds to the total amount to be distributed as owners' awards at the next greyhound meet.(8) An owner's award may not be paid for a greyhound that is disqualified from a race due to a positive drug test. On notice to TGA that a race's results are affected by a positive drug test, TGA shall retain any owner's award due to the affected greyhound until the Commission's disciplinary proceedings regarding the positive drug test are final and unappealable. If the greyhound's disqualification is overturned, the TGA shall pay the retained owner's award within 30 days of receiving notice of the final disposition of the proceeding. If the greyhound's disqualification is upheld, the amount of the retained owner's award shall be added to the total amount to be distributed as owners' awards for the next greyhound meet after the month in which TGA is notified of the final disposition of the proceeding.(c) Stakes Races.(1) Pursuant to the Act, §6.09(d) and Tex. AG. Op. No. DM-211, TGA shall pay one-half of the breakage it receives as additional purse money for stakes races restricted to Texas-bred greyhounds. All registered Texas-bred greyhounds are eligible to participate in a Texas-bred restricted stakes race, subject to the conditions of the race.(2) TGA shall develop the conditions of each Texas-bred restricted stakes race in cooperation with the racetrack at which the race will be conducted. The conditions of the race are subject to the approval of the executive secretary.(3) TGA shall pay the allotted additional purse money for the race to the racetrack at which the race will be conducted. The racetrack shall hold the additional purse money received from TGA until the executive secretary advises the association that the race has been cleared for payment.(d) Distribution of purse money from cross-species simulcasting.(1) To enhance live racing opportunities at Texas greyhound racetracks, TGA shall pay to each greyhound racetrack the purse money it collects pursuant to the Act, §6.091(d)(2) from interstate cross-species simulcasting at Texas horse racetracks in accordance with an allocation approved by the Commission. TGA shall prepare a proposed allocation for consideration by the Commission. In preparing a proposed allocation, TGA shall consider:(A) the average price-per-point paid for purses at each greyhound racetrack during the preceding year;(B) the purse payout at each greyhound racetrack during the preceding year; and(C) the impact cross-species simulcasting has made on greyhound purse revenues at each greyhound racetrack during the preceding year.(2) Annually, the executive secretary shall establish a deadline by which the proposed allocation must be submitted. The executive secretary shall ensure each of the greyhound racetracks has notice of the proposed allocation and the date, time, and location of the Commission meeting at which the proposed allocation will be considered for approval.", "sourceNote": "Source Note: The provisions of this §303.102 adopted to be effective July 18, 1989, 14 TexReg 3283; amended to be effective December 1, 1996, 21 TexReg 11163; amended to be effective January 1, 2002, 26 TexReg 10527; amended to be effective November 7, 2016, 41 TexReg 8821; amended to be effective November 7, 2021, 46 TexReg 7404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223828", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "LICENSING PERSONS WITH CRIMINAL BACKGROUNDS" }, "rule": { "number": "§303.201", "label": "General Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with state law, the commission may revoke, suspend, or deny a license because of the person's conviction of a felony or misdemeanor if the offense directly relates to the person's present fitness to perform the duties and responsibilities associated with the license.(b) In determining whether an offense directly relates to a person's present fitness to perform the duties and responsibilities associated with the license, the commission shall consider the relationship between the offense and the occupational license applied for and the following factors:(1) the extent and nature of the person's past criminal activity;(2) the age of the person at the time of the commission of the crime;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person prior to and following the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and(6) other evidence presented by the person of the person's present fitness, including letters of recommendation from:(A) prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;(B) the sheriff or chief of police in the community where the person resides; or(C) any other persons in contact with the convicted person.(c) The executive director shall develop and publish guidelines relating to the administration of the occupational licensing program.(d) On learning of the felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory supervision of a licensee, the executive director or designee shall determine whether a license may be subject to suspension or revocation.", "sourceNote": "Source Note: The provisions of this §303.201 adopted to\r\nbe effective March 28, 1989, 14 TexReg 1365; amended to be effective\r\nJuly 1, 1992, 17 TexReg 4343; amended to be effective January 1, 1999,\r\n23 TexReg 12915; amended to be effective February 4, 2025, 50 TexReg\r\n651." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223829", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "LICENSING PERSONS WITH CRIMINAL BACKGROUNDS" }, "rule": { "number": "§303.202", "label": "Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "627", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with state law, the commission has delegated the administration of the occupational licensing program to the executive director who shall develop guidelines relating to the suspension, revocation, or denial of occupational licenses based on criminal background.", "sourceNote": "Source Note: The provisions of this §303.202 adopted to\r\nbe effective March 28, 1989, 14 TexReg 1365; amended to be effective\r\nMay 7, 1991, 16 TexReg 2299; amended to be effective July 1, 1992,\r\n17 TexReg 4343; amended to be effective August 1, 1994, 19 TexReg\r\n5477; amended to be effective January 1, 1999, 23 TexReg 12915; amended\r\nto be effective May 23, 2007, 32 TexReg 2750; amended to be effective\r\nFebruary 4, 2025, 50 TexReg 651." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "627", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "LICENSING PERSONS WITH CRIMINAL BACKGROUNDS" }, "rule": { "number": "§303.203", "label": "Evidence by Applicant" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197083", "queryAsDate": "03/11/2026" }, "ruleBody": "In applying for a license to be issued by the commission, a person to whom this subchapter applies must present to the commission:(1) any recommendations of the prosecution, law enforcement agencies, or correctional authorities relating to the conviction or rehabilitation of the person; and(2) evidence that the applicant has paid all outstanding fines, court costs, and restitution that was ordered to be paid relating to the conviction.", "sourceNote": "Source Note: The provisions of this §303.203 adopted to be effective March 28, 1989, 14 TexReg 1365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197083", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "HORSE INDUSTRY ESCROW ACCOUNT" }, "rule": { "number": "§303.301", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197084", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings:(1) Account - the horse industry escrow account.(2) Association - a horse racetrack association.", "sourceNote": "Source Note: The provisions of this §303.301 adopted to be effective November 19, 2019, 44 TexReg 7041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197084", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "HORSE INDUSTRY ESCROW ACCOUNT" }, "rule": { "number": "§303.302", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197044", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At least once each year, the Commission shall make an allocation of funds from the horse industry escrow account in accordance with §§2028.204-.205 of the Act.(b) The Commission may make allocations of funds from the account at different times to horse racetrack associations and to breed registries, provided that not more than 70% of the amount deposited into the account is allocated to racetrack associations each year.(c) At least 30 days before a deadline for submitting requests for allocation from the account, the executive director shall notify all entities eligible to request funds from the account at that time.", "sourceNote": "Source Note: The provisions of this §303.302 adopted to be effective November 19, 2019, 44 TexReg 7041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197044", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "HORSE INDUSTRY ESCROW ACCOUNT" }, "rule": { "number": "§303.311", "label": "Allocations to Horse Racetrack Associations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197045", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When requesting allocation from the account for purses, each association shall also recommend the percentages by which it will divide its share of the horse industry escrow account funds among the various breeds of horses.(b) The Commission shall determine the amount of the allocation to each racetrack in accordance with the standards set forth in the Act, §§2028.204-.205.(c) The percentages by which an association will divide the horse industry escrow account revenue among the various breeds of horses is subject to the approval of the Commission. When requesting Commission approval of the percentages, the association shall present in writing studies, statistics, or other documentation to support its proposed division of horse industry escrow account revenue. The Commission may consider the following criteria when evaluating the association's studies, statistics, or other documentation submitted to support its proposed division of horse industry escrow account revenue before granting its approval:(1) local public interest in each breed as demonstrated by, but not limited to, the following factors:(A) simulcast import handle by breed;(B) live handle by breed; and(C) live attendance.(2) earnings generated by the association from each breed;(3) racetrack race date request and opportunities given to each breed;(4) statewide need by breed; and(5) national public interest in each breed as determined by the live simulcast export handle of each Texas meet.(d) If the Commission determines that the association's proposed division of the horse industry escrow account revenue is inconsistent with the association's obligation to accord reasonable access to races for all breeds of horses, the Commission may:(1) require the association to submit additional information supporting its recommendation for consideration at the next Commission meeting;(2) reject the association's recommendation and require the association to submit a new recommendation for consideration at the next Commission meeting; or(3) reject the association's recommendation and approve an alternate division of the horse industry escrow account revenue as determined by the Commission.(e) In lieu of the process outlined in subsections (c) and (d) of this section, a signed agreement between the association and the organizations recognized by the Commission or in the Act as representatives of horse owners, trainers, and/or breeders may be submitted to the Commission for consideration and approval. For the Commission to approve the agreement, the agreement must:(1) delineate the percentages by which the horse industry escrow account revenue received by the association will be divided amongst the various breeds of horses; and(2) be signed by all organizations recognized by the Commission or in the Act as representatives of horse owners, trainers, and/or breeders.", "sourceNote": "Source Note: The provisions of this §303.311 adopted to be effective November 19, 2019, 44 TexReg 7041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197045", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "HORSE INDUSTRY ESCROW ACCOUNT" }, "rule": { "number": "§303.312", "label": "Limitation on Use of Funds by Racetrack Associations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202075", "queryAsDate": "03/11/2026" }, "ruleBody": "Funds allocated to racetrack associations from the horse industry escrow account may only be used for purses and for administrative expenses payable to the horsemen's organization pursuant to Section 2028.102 of the Act.", "sourceNote": "Source Note: The provisions of this §303.312 adopted to be effective November 19, 2019, 44 TexReg 7041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202075", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "HORSE INDUSTRY ESCROW ACCOUNT" }, "rule": { "number": "§303.321", "label": "Allocations to Breed Registries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200702", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A breed registry is eligible to request funds from the horse industry escrow account if it is listed in Section 2030.002(a) of the Act.(b) Events funded from the horse industry escrow account must serve the public purpose of increasing the development, expansion, or diversification of the economy, employment, growth of enterprise, or tourism of the state.(c) A breed registry requesting an allocation from the horse industry escrow account shall do so using forms approved by the executive director.(d) When requesting an allocation from the horse industry escrow account, an eligible breed registry shall indicate the event(s) for which it intends to use the funds and provide the following information for each event:(1) the date(s) or approximate date(s);(2) a detailed description of the event;(3) the dollar amount requested for the event;(4) a detailed explanation of the budget for the event, with any costs related to personnel, the purchase of assets, and other administrative expenses stated separately; and(5) the anticipated economic impact of the event on the horse industry.(e) The Commission may approve a request for allocation of funds submitted by an eligible breed registry if, after considering the factors set forth in the Act, §2028.204(b), it finds that the request satisfies the requirement that the funds be used for events to further the horse industry. Requests may be approved in full or in part, at the discretion of the Commission.(f) If the total of funds requested by eligible breed registries exceeds the funds expected to be available in the account, the Commission may approve requests on a pro rata basis, may approve funding for certain events but not others, or a combination. Priority shall be given to events that the Commission finds likely to have the greatest economic impact in the following areas:(1) the state's horse racing industry;(2) live racing at the state's racetracks;(3) the horse breeding industry;(4) the state of Texas as a whole; and(5) non-racing horse industry activities.(g) For any request for allocation that does not exceed $50,000, the executive director may act on behalf of the Commission to approve the request or may forward it to the Commission for consideration.", "sourceNote": "Source Note: The provisions of this §303.321 adopted to be effective November 19, 2019, 44 TexReg 7041; amended to be effective August 11, 2020, 45 TexReg 5508; amended to be effective December 22, 2020, 45 TexReg 9179." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200702", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "HORSE INDUSTRY ESCROW ACCOUNT" }, "rule": { "number": "§303.322", "label": "Limitations on Use of Funds by Breed Registries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202076", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A breed registry may use horse industry escrow account funds only for events that further the horse industry.(b) The following types of costs may not be paid from funds allocated from the account:(1) capital improvements;(2) donations or contributions made to any individual or organization without express approval from the Commission for such contribution or donation;(3) costs of entertainment, amusements, social activities, and incidental costs relating thereto, including tickets to shows or sports events, meals, alcoholic beverages, lodging, rentals, transportation, tips, and gratuities;(4) fines, penalties, or other costs resulting from violations of or failure to comply with federal, state, or local laws and regulations;(5) liability insurance coverage not specific to a particular event or series of events for which the Commission has allocated funds from the account;(6) expenses related to litigation;(7) professional association fees or dues for the breed registry or an individual;(8) legislative expenses such as salaries and other expenses associated with lobbying the state or federal legislature or similar local governmental bodies, whether incurred for purposes of legislation or executive direction; or(9). fundraising.(c) The following types of costs may only be paid with funds allocated from the account, in an amount not to exceed five percent of the amount allocated for the event for which it is allocated, if specifically approved by the Commission:(1) operating expenses, including the salaries of breed registry staff, interest and other financial costs related to borrowing and the cost of financing, contributions to a contingency reserve or any similar provision for unforeseen events, and audits or other accounting services; and(2) the purchase of capital assets.(d) A breed registry may pay a cost out of funds awarded from the horse industry escrow account if it satisfies subsections (a) through (c) of this section and is reasonable and adequately documented.(1) A cost is reasonable if the cost does not exceed that which would be incurred by a prudent individual or organization under the circumstances prevailing at the time the decision was made to incur the cost and it is necessary to achieve the purpose for which the funds were sought.(2) A cost is adequately documented if the cost is supported by Generally Accepted Accounting Principles, the breed registry's accounting records, and documented in accordance with §303.325 of this subchapter (relating to Quarterly Reports).(e) Use of funds allocated to a breed registry from the account shall comply with the current Uniform Grant Management Standards or Texas Grant Management Standards.(f) If a previously approved and funded event is canceled, the funds shall be returned to the Commission within 45 days after the cancelation of the event. All funds expended with respect to any canceled event or event that does not otherwise occur shall be accounted for and such accounting shall accompany the return of the balance of such related canceled event funds.(g) The Commission may require a breed registry to repay any funds not expended in accordance with Section 2028.204 of the Act and this section after the completion of an event.", "sourceNote": "Source Note: The provisions of this §303.322 adopted to be effective November 19, 2019, 44 TexReg 7041; amended to be effective August 11, 2020, 45 TexReg 5508." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202076", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "HORSE INDUSTRY ESCROW ACCOUNT" }, "rule": { "number": "§303.323", "label": "Modifications to Approved Events" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197049", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A breed registry seeking to make a modification to the date, description, or budget for an event for which funds have been allocated from the horse industry escrow account shall submit a request to:(1) the executive director for:(A) a change to an event that, after the change, would qualify for approval by the executive director; or(B) for an event that does not qualify for approval by the executive director, a change to one or more of the following:(i) the date, if the proposed new date is within six months of the original date;(ii) the description, if the change does not materially change the nature or scope of the event; or(iii) the budget, if the proposed new budget is within ten percent of the original budget for the event; or(2) the Commission, for all other changes.(b) The request must explain the proposed change, the reason for the change, and the anticipated economic impact of the event as modified on the horse industry.(c) The executive director may approve or deny a change requested under subsection (a)(1) of this section or may forward the request to the Commission for consideration. Upon request by the breed registry, a request for modification that was denied by the executive director shall be forwarded to the Commission for consideration.", "sourceNote": "Source Note: The provisions of this §303.323 adopted to be effective November 19, 2019, 44 TexReg 7041; amended to be effective December 22, 2020, 45 TexReg 9179." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197049", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "HORSE INDUSTRY ESCROW ACCOUNT" }, "rule": { "number": "§303.324", "label": "Recordkeeping and Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200703", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Subject to audit by the Commission or auditors or investigators working on behalf of the Commission, including the State Auditor and/or the Comptroller of Public Accounts for the State of Texas, a breed registry receiving funds from the horse industry escrow account shall maintain all records of expenses paid out of funds from the account for a minimum of five years following the event. Records may be maintained in electronic or paper format.(b) The Commission may request, and the breed registry must provide, any such record as part of a review or audit.(c) The funds received and/or expended by the breed registry from the horse industry escrow account must be included in the breed registry's annual audit of the financial statements required to be submitted by June 15 of each year. An auditor's statement must be included as part of the annual audit attesting to the proper use of the funds received from the horse industry escrow account by the breed registry.", "sourceNote": "Source Note: The provisions of this §303.324 adopted to be effective November 19, 2019, 44 TexReg 7041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200703", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "303", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "HORSE INDUSTRY ESCROW ACCOUNT" }, "rule": { "number": "§303.325", "label": "Quarterly Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91450", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A breed registry receiving funds from the horse industry escrow account shall submit to the Commission a report every quarter. The report must include:(1) the amount of funds expended toward each event for which funds have been allocated;(2) for each event completed during the previous calendar quarter, the total amount of funds expended toward the event, a breakdown of the funds expended for that event, and copies of documentation of all amounts expended; and(3) the following certification: \"By my signature below, I certify that (1) all of the information in this report is correct, (2) all funds expended from the horse industry escrow account were used in accordance with Section 2028.204 of the Texas Racing Act and the Rules of the Texas Racing Commission, and (3) the breed registry has all documentation required by 16 TAC §303.324.\"(b) Quarterly reports shall be submitted to the Commission no later than November 30, February 28, May 31, and August 31 of each year for the previous calendar quarter.", "sourceNote": "Source Note: The provisions of this §303.325 adopted to be effective November 19, 2019, 44 TexReg 7041; amended to be effective August 11, 2020, 45 TexReg 5508." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91450", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§307.1", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91451", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter provides the general procedures for instituting, conducting, and determining all matters within the Commission's jurisdiction. This chapter is not intended to enlarge, diminish, or alter the jurisdiction, powers, or authority of the Commission or the substantive rights of a person. The procedures in this chapter supplement any applicable procedures required by statute or another Rule.", "sourceNote": "Source Note: The provisions of this §307.1 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91451", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§307.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91452", "queryAsDate": "03/11/2026" }, "ruleBody": "The definitions in Government Code, Chapter 2001, apply to the Rules.", "sourceNote": "Source Note: The provisions of this §307.2 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91452", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§307.3", "label": "Types of Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91453", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contested case proceeding is one in which the Commission is authorized or required by law to make a decision regarding the rights or privileges of a person after notice and hearing. Pursuant to Government Code, §2003.021, the executive secretary will refer all contested cases to the State Office of Administrative Hearings (SOAH) for a hearing. Examples of contested case proceedings are an administrative penalty issued by the executive secretary and an appeal from a stewards' or judges' ruling.(b) A decision-making proceeding is one in which the Commission is authorized or required by law to make a decision regarding the rights or privileges of a person in open meeting, but without an evidentiary hearing. An example of a decision-making proceeding is the allocation of live race dates pursuant to the Act, §§8.01 and 10.01.(c) A proceeding before the stewards or racing judges is one conducted pursuant to the Act, §3.07 or to authority granted by the Commission in the Rules.(d) A rulemaking proceeding is one in which the Commission proposes or adopts a rule governing any matter within the Commission's jurisdiction.", "sourceNote": "Source Note: The provisions of this §307.3 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91453", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§307.4", "label": "Decision-making Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91454", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Procedures. For each decision-making proceeding, the executive secretary may establish appropriate deadlines and procedures that are consistent with any applicable Rule relating to the specific proceeding. The procedures must ensure:(1) reasonable notice to each affected licensee and industry organization;(2) a reasonable opportunity for each affected licensee and industry organization to review relevant information presented to the Commission on the matter; and(3) a reasonable opportunity for each affected licensee and industry organization to present information to the Commission on the matter.(b) Staff Recommendations. The executive secretary may present a staff recommendation in a decision-making proceeding if the executive secretary determines a recommendation will assist the Commission in evaluating the information presented, drawing a conclusion, or making a decision. The executive secretary shall present a staff recommendation if requested by the Commission.(c) Commission Action. Commission action in a decision-making proceeding must be made in open meeting in accordance with the open meetings law, Government Code, Ch. 551.(d) Documentation of Decision. Each decision made by the Commission in a decision-making proceeding is documented by the transcript of each open meeting at which the issues involved in the proceeding are discussed or the decision is made. No written order of the Commission is required in a decision-making proceeding. The Commission or the executive secretary may issue a written statement clarifying a Commission decision in a decision-making proceeding if the Commission or the executive secretary determines the statement will facilitate understanding of and compliance with the decision.", "sourceNote": "Source Note: The provisions of this §307.4 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91454", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§307.5", "label": "Special Provisions regarding Racetrack License Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91455", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To the extent that Chapter 309 of this title (relating to Racetrack Licenses and Operations) conflicts with this chapter regarding application procedures for a license to operate a pari-mutuel racetrack, Chapter 309 controls.(b) For each application, the executive secretary shall determine whether to refer the application to SOAH for a hearing. In making the determination, the executive secretary shall consider the expressed support and opposition to the application. For each application the executive secretary proposes should be denied, the executive secretary shall refer the application to SOAH for a hearing.", "sourceNote": "Source Note: The provisions of this §307.5 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91455", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§307.6", "label": "Probation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94351", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Commission, stewards, or racing judges suspend a license issued under the Act, the Commission, stewards, or racing judges may probate all or any portion of the suspension.(b) The order or ruling entered placing a licensee on probation must state the specific probationary period and the terms and conditions of the probation.(c) The terms and conditions of probation must have a reasonable relationship to the violation and may include:(1) attending a prescribed number of hours in a specific area of study during the probationary period;(2) passing a prescribed examination in a specific area of study;(3) periodic reporting to the Commission, stewards, racing judges, or other designated person on any matter that is the basis of the probation;(4) a medical evaluation and completion of a prescribed treatment program;(5) cooperation with the Commission investigators and the Department of Public Safety in a specific investigation; and(6) other terms and conditions specified in the order or ruling that are reasonable and appropriate.(d) If the Commission, stewards, or racing judges determine the licensee has failed to comply with the terms and conditions of the probation, the probation may be revoked on three days notice to the licensee.", "sourceNote": "Source Note: The provisions of this §307.6 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94351", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§307.7", "label": "Ejection and Exclusion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission, executive secretary, stewards, or racing judges, may order an individual ejected or excluded from an association's grounds in accordance with the Act if the Commission, executive secretary, stewards, or racing judges, determine that:(1) the individual may be excluded or ejected under the Act, §3.16 or §13.01; and(2) the individual's presence on association grounds is inconsistent with maintaining the honesty and integrity of racing.(b) Not later than 20 days after notification of the exclusion or ejection is sent or served, a person ejected or excluded under this section may request a hearing pursuant to the Act, §13.02 and this chapter.(c) If a person is excluded under this section, a race animal owned or trained by or under the care or supervision of the person is ineligible to be entered or to start in a race in Texas.", "sourceNote": "Source Note: The provisions of this §307.7 adopted to be effective January 1, 2002, 26 TexReg 10530; amended to be effective June 1, 2002, 27 TexReg 4569." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162042", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§307.8", "label": "Negotiated Rulemaking and Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91457", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. It is the Commission's policy to encourage the use of negotiated rulemaking and alternative dispute resolution procedures in appropriate situations.(b) Negotiated Rulemaking. When the Commission finds that a rule to be proposed is likely to be complex, controversial, or affect disparate groups, the Commission may propose to engage in negotiated rulemaking in accordance with Government Code, Chapter 2008.(1) When negotiated rulemaking is considered, the Commission's general counsel, or designee, shall be the Commission's negotiated rulemaking convener.(A) The convener shall assist in identifying persons who are likely to be affected by a proposed rule, including those who oppose issuance of a rule. The convener shall discuss with those persons or their representatives the factors provided in Government Code §2008.052(c).(B) The convener shall then recommend to the Commission whether negotiated rulemaking is a feasible method to develop the proposed rule and shall report to the agency on the relevant considerations, including those listed in Government Code §2008.052(d).(2) Upon the convener's recommendation to proceed, the Commission may initiate negotiated rulemaking according to the provisions of Government Code, Chapter 2008, including the appointment of the negotiated rulemaking committee's members under Government Code §2008.054.(3) The executive secretary shall appoint the negotiated rulemaking committee's facilitator, subject to the requirements of Government Code §2008.055.(c) Alternative Dispute Resolution. The Commission encourages the fair and expeditious resolution of disputes through alternative dispute resolution (ADR) procedures.(1) ADR procedures include any procedure or combination of procedures described by Civil Practice and Remedies Code, Chapter 154. ADR procedures are intended to supplement and not limit other dispute resolution procedures available for use by the Commission.(2) Any ADR procedure used to resolve disputes with the Commission shall conform with Government Code, Chapter 2009, and, to the extent possible, the model guidelines for the use of ADR issued by the State Office of Administrative Hearings (SOAH).(3) Upon receipt of notice of a dispute, the Commission's executive secretary, in consultation with the Commission's general counsel, shall determine whether use of an ADR procedure is an appropriate method for resolving the dispute.(4) If an ADR procedure is determined to be appropriate, the Commission's executive secretary shall recommend to the opposing party the use of ADR to resolve the dispute. The Commission's general counsel will collaborate with the opposing party to select an appropriate procedure for dispute resolution and implement the agreed upon procedure consistent with SOAH's model guidelines.(5) ADR for Breach of Contract Claims. Resolution of breach of certain contract claims brought by a contractor against the Commission shall conform to the requirements of Government Code, Chapter 2260. The Commission adopts by reference the Office of the Attorney General's rules regarding the negotiation and mediation of certain contract disputes (1 Texas Administrative Code Part 3, Chapter 68).(6) The requirements of Government Code, Chapter 2260, and the Office of the Attorney General's model rules are required prerequisites to a contractor filing suit in accordance with Civil Practices and Remedies Code, Chapter 107.(d) The Commission's general counsel, or designee, shall coordinate the implementation of the policy set out in subsection (a) of this section in accordance with state law and provide necessary training. The Commission's general counsel, or designee, is designated as the coordinator to implement the Commission's policy under this rule, provide necessary training, and collect data concerning the effectiveness of the implemented procedures.", "sourceNote": "Source Note: The provisions of this §307.8 adopted to be effective May 30, 2013, 38 TexReg 3336." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91457", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "B", "label": "CONTESTED CASES" }, "rule": { "number": "§307.31", "label": "Prehearing Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91458", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Docketing. When a pleading to institute a contested case proceeding before the Commission is received, and it complies with the Rules as to form and content, the executive secretary shall docket the proceeding as pending, numbered in accordance with the docket numbering system of the Commission.(b) Settlement. The executive secretary may attempt to settle any contested case proceeding through agreement. If the proceeding involves a racetrack, the executive secretary shall present an agreed order to the Commission. If the proceeding involves an occupational licensee, the executive secretary may issue a ruling reflecting the terms of the agreement and if applicable, superceding the stewards' or judges' ruling.(c) Referral to SOAH. If after a reasonable time the proceeding cannot be settled through agreement, the executive secretary shall refer the matter to SOAH.", "sourceNote": "Source Note: The provisions of this §307.31 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91458", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "B", "label": "CONTESTED CASES" }, "rule": { "number": "§307.32", "label": "Nonparty Participation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91459", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who instead of intervening desires merely to express support or opposition in a contested case proceeding pending before the Commission may file with SOAH a request for nonparty participant status which includes a written statement regarding the person's position on the matter. The request must be filed not later than the date set by the administrative law judge (ALJ). At the time of filing, the person shall serve a copy of the statement on each party of record and file proof of service with SOAH.(b) The ALJ may authorize a late filing under this section on a motion showing extenuating circumstances.(c) A nonparty participant's statement may be stricken from the record if the ALJ determines that it does not substantially comply with this section.", "sourceNote": "Source Note: The provisions of this §307.32 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91459", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "B", "label": "CONTESTED CASES" }, "rule": { "number": "§307.33", "label": "Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91460", "queryAsDate": "03/11/2026" }, "ruleBody": "A hearing conducted by SOAH on a contested case proceeding pending before the Commission is governed by SOAH's rules of procedure.", "sourceNote": "Source Note: The provisions of this §307.33 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91460", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "B", "label": "CONTESTED CASES" }, "rule": { "number": "§307.34", "label": "Exceptions and Replies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91469", "queryAsDate": "03/11/2026" }, "ruleBody": "Not later than 10 days after the date SOAH mails a proposal for decision to a party, the party may file exceptions to the proposal. A reply to an exception filed under this section must be filed not later than seven days after the last day for filing the exceptions. Exceptions and replies to exceptions must be filed at the Commission's main office in Austin. A copy of each exception and reply must be served on each party or the party's representative.", "sourceNote": "Source Note: The provisions of this §307.34 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91469", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "B", "label": "CONTESTED CASES" }, "rule": { "number": "§307.35", "label": "Oral Argument" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91470", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A party may request oral argument before the Commission before the Commission takes action on a proposal for decision or motion for rehearing.(b) Oral argument is allowed only at the discretion of the Commission.", "sourceNote": "Source Note: The provisions of this §307.35 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91470", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "B", "label": "CONTESTED CASES" }, "rule": { "number": "§307.36", "label": "Consideration by Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91471", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After the deadline for filing exceptions and replies, the proposal for decision will be considered by the Commission at open meeting.(b) The Commission may:(1) adopt the proposal for decision, in whole or in part;(2) decline to adopt the proposal for decision, in whole or in part; or(3) remand the proceeding to SOAH and direct the ALJ to give further consideration to the proceeding with or without reopening the hearing.(c) When notifying SOAH that the Commission has remanded a proceeding, the executive secretary shall forward a copy of the transcript from the Commission meeting containing the Commission's comments on the proceeding.", "sourceNote": "Source Note: The provisions of this §307.36 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91471", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "B", "label": "CONTESTED CASES" }, "rule": { "number": "§307.37", "label": "Final Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91472", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After consideration of a proposal for decision, the executive secretary shall prepare a written final order documenting the Commission's decision on the proposal for decision. A final order must include findings of facts and conclusions of law, separately stated.(b) A final order of the Commission must be signed by a majority of the members of the Commission who voted in favor of issuing the order.(c) The executive secretary shall serve a copy of the final order on each party or the party's representative and each non-party participant.(d) A final order of the Commission takes effect on the date the order is issued, unless otherwise stated in the order.", "sourceNote": "Source Note: The provisions of this §307.37 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91472", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "B", "label": "CONTESTED CASES" }, "rule": { "number": "§307.38", "label": "Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91449", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Government Code, §2001.146, pertaining to rehearing after Commission action, is hereby incorporated by reference.(b) An order granting a motion for rehearing vacates the preceding final order. The order granting a motion for rehearing may direct that the hearing be reopened or may incorporate a new final decision. If the Commission renders a new decision, a motion for rehearing directed to the new decision is a prerequisite to appeal.", "sourceNote": "Source Note: The provisions of this §307.38 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91449", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "B", "label": "CONTESTED CASES" }, "rule": { "number": "§307.39", "label": "Judicial Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91448", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Government Code, §2001.171, a person who is aggrieved by an order of the Commission in a contested case proceeding and who has exhausted all administrative remedies is entitled to judicial review.", "sourceNote": "Source Note: The provisions of this §307.39 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91448", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "C", "label": "PROCEEDINGS BY STEWARDS AND RACING JUDGES" }, "rule": { "number": "§307.61", "label": "General Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183114", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the authority granted the stewards and racing judges in Chapter 313 (relating to Officials and Rules of Horse Racing) and Chapter 315 (relating to Officials and Rules of Greyhound Racing) of this title, the stewards and racing judges may:(1) conduct an inquiry regarding an alleged violation of the Act or a Rule or regarding a complaint, objection, or protest made by a licensee;(2) charge a licensee with a violation of a Rule;(3) conduct disciplinary hearings; and(4) impose fines and suspend occupational licenses as provided by this subchapter.(b) Regardless of whether the stewards or racing judges act on a violation of the Act or a Rule, the stewards and racing judges may refer the matter to the Commission for consideration and action.(c) The laws of this state and the Rules supersede the conditions of a race and the rules of an association. In matters pertaining to racing, the rulings and decisions of the stewards and racing judges supersede the rulings and orders of the association officers.", "sourceNote": "Source Note: The provisions of this §307.61 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183114", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "C", "label": "PROCEEDINGS BY STEWARDS AND RACING JUDGES" }, "rule": { "number": "§307.62", "label": "Disciplinary Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91467", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority to Conduct. On their own motion or on receipt of a complaint regarding the actions of an occupational licensee, the stewards and racing judges may conduct a disciplinary hearing regarding the licensee's actions.(b) Notice of Hearing. Except as otherwise provided by the Rules, the stewards and racing judges shall provide written notice to a person who is the subject of a disciplinary hearing at least 10 calendar days before the hearing. Notice given under this subsection must state the nature of the charges against the person and the possible penalties that may be imposed. The stewards and racing judges or their designee may hand deliver the written notice of the disciplinary hearing to the licensee who is the subject of the hearing. Alternatively, the stewards and racing judges may provide the notice by sending it by both certified mail, return receipt requested, and regular mail to the licensee's last known address as found in the Racing Commission's licensing records. The stewards and racing judges may also send the notice by electronic mail provided that the Commission verifies receipt by the licensee. The person may waive his or her right to 10 days notice. Nonappearance of a licensee to whom notice has been provided under this subsection shall be deemed a waiver of the right to a hearing before the stewards or racing judges.(c) Rights of the Licensee. At a disciplinary hearing conducted by the stewards or racing judges, the person who is the subject of the disciplinary hearing has the following rights, all of which the person may waive:(1) the right to counsel;(2) the right to present a defense;(3) the right to make an opening and closing statement;(4) the right to call witnesses; and(5) the right to cross-examine witnesses testifying against the person.(d) Evidence.(1) Each witness at a disciplinary hearing conducted by the stewards or racing judges must be sworn by the presiding steward or racing judge.(2) To facilitate participation by licensees, the stewards and racing judges may permit witnesses to testify at a disciplinary hearing via telephone if the stewards or racing judges make reasonable assurances that the person testifying is who he or she purports to be.(3) The stewards and racing judges shall make a record of a disciplinary hearing.(4) The stewards and racing judges shall allow a full presentation of evidence and are not bound by the technical rules of evidence. However, the stewards and racing judges may disallow evidence that is irrelevant or unduly repetitive of other evidence. The stewards shall have the authority to determine, in their sole discretion, the weight and credibility of any evidence and/or testimony. The stewards and racing judges may admit hearsay evidence if the stewards and racing judges determine the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by state law apply in hearings before the stewards and racing judges. Hearsay evidence that is not otherwise admissible under the exceptions of the Texas Rules of Evidence is an insufficient basis alone for a ruling.(e) Burden of Proof. The burden of proof is on the person bringing the complaint to show, by a preponderance of the evidence, that the licensee has violated or is responsible for a violation of the Act or a Commission rule.(f) Continuances.(1) Upon receipt of a notice, a person may request a continuance of the hearing.(2) For good cause shown, the stewards or racing judges may grant a continuance of any hearing for a reasonable period of time.(3) The stewards or racing judges may at any time order a continuance on their own motion.(g) Agreed Settlement. The person who is the subject of the disciplinary hearing may waive the right to a hearing and subsequent appeal and enter into an agreed settlement with the stewards or racing judges.(h) Failure to Appear. The stewards or racing judges may suspend the license of a person who fails to appear at a disciplinary hearing after receiving written notice of the hearing until the matter is adjudicated.(i) Summary Suspension. If the stewards or racing judges determine that a licensee's actions constitute an immediate danger to the public health, safety, or welfare, the stewards or racing judges may enter a ruling summarily suspending the license, without a prior hearing. A summary suspension takes effect immediately on issuance of the ruling. If the stewards or racing judges suspend a license under this subsection, the licensee is entitled to a hearing on the suspension not later than seven calendar days after the day the license is suspended. The licensee may waive his or her right to a hearing on the summary suspension within the seven-day period.(j) Discovery.(1) Prior to a disciplinary hearing, upon written request served on the opposing party, a party shall be entitled, subject to the limitations in §2.15 of the Act, to:(A) the name and address of any witness who may be reasonably expected to testify on behalf of the opposing party, together with a brief summary of the subject matter of each witness's anticipated testimony; and(B) copies of all documents or other materials in the possession or control of the opposing party that the opposing party reasonably expects to introduce into evidence in either its case-in-chief or in rebuttal.Rebuttal documents, to the extent that they are not immediately identifiable, shall be tendered to the opposing party forthwith upon identification.(2) A party may obtain discovery only by making a written request for the production of witness lists, documents, and other materials, as provided in paragraph (1) of this subsection.(3) The stewards and racing judges may exclude from a disciplinary hearing any witnesses, documents, and other materials that were not properly disclosed in accordance with this subsection unless good cause is shown for the failure to disclose them.(4) Discovery requests under this section shall not be cause for postponement or delay of a disciplinary hearing or of the disposition of the proceedings.", "sourceNote": "Source Note: The provisions of this §307.62 adopted to be effective January 1, 2002, 26 TexReg 10530; amended to be effective March 28, 2011, 36 TexReg 1980; amended to be effective May 8, 2016, 41 TexReg 3303; amended to be effective March 8, 2017, 42 TexReg 1024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91467", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "C", "label": "PROCEEDINGS BY STEWARDS AND RACING JUDGES" }, "rule": { "number": "§307.63", "label": "Ruling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165487", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The issues at a disciplinary hearing shall be decided by a majority vote of the stewards or racing judges. If the vote is not unanimous, the dissenting steward or judge shall include with the record of the hearing a written statement of the reasons for the dissent and sign the statement.(b) A ruling by the stewards or racing judges must be on a form prescribed by the executive secretary and include:(1) the full name, license type, and license number of the person who is the subject of the hearing;(2) a statement of the allegations against the person, including a reference to the specific section of the Act or Rule;(3) the date the ruling was issued;(4) the penalty imposed;(5) any changes in the order of finish or prize distribution; and(6) other information required by the executive secretary.(c) A ruling must be signed by a majority of the stewards or racing judges.(d) At the time the stewards or racing judges inform a person who is the subject of a disciplinary hearing of the ruling issued for the proceeding, the stewards or racing judges shall inform the person of the person's right to appeal the ruling to the Commission.", "sourceNote": "Source Note: The provisions of this §307.63 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165487", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "C", "label": "PROCEEDINGS BY STEWARDS AND RACING JUDGES" }, "rule": { "number": "§307.64", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "102915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each violation of the Act or a Rule, the stewards and racing judges may:(1) impose a fine of not more than $25,000; and(2) suspend an occupational license for not more than five years.(b) A person against whom the stewards or racing judges have imposed a fine shall pay the fine to the Commission not later than 5:00 p.m. of the third calendar day after the day the person is informed of the ruling that imposed the fine.", "sourceNote": "Source Note: The provisions of this §307.64 adopted to be effective January 1, 2002, 26 TexReg 10530; amended to be effective January 1, 2014, 38 TexReg 9527." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "102915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "C", "label": "PROCEEDINGS BY STEWARDS AND RACING JUDGES" }, "rule": { "number": "§307.65", "label": "Reciprocity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91462", "queryAsDate": "03/11/2026" }, "ruleBody": "The stewards and racing judges shall honor the rulings issued by other pari-mutuel racing commissions.", "sourceNote": "Source Note: The provisions of this §307.65 adopted to be effective January 1, 2002, 26 TexReg 10530; amended to be effective July 1, 2003, 28 TexReg 4631." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91462", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "C", "label": "PROCEEDINGS BY STEWARDS AND RACING JUDGES" }, "rule": { "number": "§307.66", "label": "Applicability of Rules and Rulings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226208", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Rules pertaining to a licensee and rulings against a licensee apply to another person if continued participation in an activity by the other person would circumvent the intent of a Rule or ruling by permitting the person to serve, in essence, as a substitute for the ineligible licensee because:(1) the other person is legally liable for the conduct that violated the Rule or is the subject of the ruling; or(2) the other person benefited financially from that conduct.(b) The fraudulent transfer of a race animal to avoid application of a Rule or ruling is prohibited.", "sourceNote": "Source Note: The provisions of this §307.66 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226208", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "C", "label": "PROCEEDINGS BY STEWARDS AND RACING JUDGES" }, "rule": { "number": "§307.67", "label": "Appeal to the Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91474", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Right to Appeal. A person aggrieved by a ruling of the stewards may appeal to the Commission. A person who fails to file an appeal by the deadline and in the form required by this section waives the right to appeal the ruling.(b) Filing Procedure.(1) An appeal must be in writing in a form prescribed by the executive director. An appeal from a ruling of the stewards must be filed not later than 5:00 p.m. of the third calendar day after the day the person is informed by the stewards of the ruling. An appeal from the modification of a penalty by the executive director must be filed not later than 5:00 p.m. of the fifth calendar day after the person is informed of the penalty modification. The appeal must be post marked by the fifth day after the person is informed of the penalty modification and mailed to: Texas Racing Commission, 1801 N. Congress Ave., Suite 7.600, Austin, Texas 78701.(2) Record of Stewards' hearing. On notification by the executive director that an appeal has been filed, the stewards shall forward to the Commission the record of the proceeding being appealed. A person appealing a stewards' ruling may request a copy of the record of the hearing.(c) Hearing Procedure. A hearing on an appeal from a ruling by the stewards is a contested case and shall be conducted by SOAH in accordance with the Rules regarding contested cases. In an appeal, the appellant has the burden to prove that the stewards' decision was clearly in error.(d) Effect of Appeal on Fine Payment. If a person against whom a fine has been assessed appeals the ruling that assesses the fine, the person shall pay the fine in accordance with the Rules. The executive director shall place the fine amount into the agency suspense account until such time that the appeal is final. If the appeal is disposed of in favor of the appellant, the executive director shall refund the amount of the fine.(e) Effect of Appeal on Purse Payment. If a ruling that affects the outcome of a race is appealed, the portion of the purse that is involved in the appeal shall be withheld and not distributed. The stewards may distribute the portion of the purse that is not involved in or affected by the outcome of the appeal.(f) Effect of Appeal on Horse Eligibility. If an appeal involves the official order of finish in a horse race, all horses finishing first or declared to be the winner by the stewards carry all penalties of eligibility until the winner is determined through the final resolution of the appeal.", "sourceNote": "Source Note: The provisions of this §307.67 adopted to be\r\neffective January 1, 2002, 26 TexReg 10530; amended to be effective\r\nMay 6, 2012, 37 TexReg 3401; amended to be effective October 8, 2025,\r\n50 TexReg 6479." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91474", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "C", "label": "PROCEEDINGS BY STEWARDS AND RACING JUDGES" }, "rule": { "number": "§307.68", "label": "Stay" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165488", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contemporaneously with filing an appeal from a stewards' or judges' ruling, a licensee whose license is suspended by the ruling may request a stay of the suspension. The executive secretary may grant a stay of the suspension if the executive secretary determines granting the stay is in the interest of justice. The executive secretary may set the term of the stay and may extend a stay if circumstances warrant.(b) The fact that a stay is granted is not a presumption that the ruling by the stewards or racing judges is invalid.(c) The executive secretary may rescind a stay granted under this section if the executive secretary determines the reasons supporting the original issuance of the stay are no longer valid.", "sourceNote": "Source Note: The provisions of this §307.68 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165488", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "C", "label": "PROCEEDINGS BY STEWARDS AND RACING JUDGES" }, "rule": { "number": "§307.69", "label": "Review by Executive Secretary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91476", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within fourteen days after a board of stewards or judges issues a written ruling under §307.63 of this title (relating to Ruling), the executive secretary may review the ruling and modify the penalty. A penalty modified by the executive secretary may include a fine not to exceed $100,000, a suspension not to exceed five years, or both a fine and a suspension.(b) The decision to modify a penalty must be on a form that includes:(1) the full name, license type, and license number of the person who is the subject of the penalty modification;(2) the original ruling number and the date the ruling was issued by the stewards or judges;(3) the date the modified penalty was issued by the executive secretary;(4) the modified penalty imposed;(5) a statement of the reason for modifying the penalty; and(6) a statement informing the person of the person's right to appeal the ruling, with the modified penalty, to the Commission.(c) In determining whether to modify a penalty, the executive secretary may consider, but is not limited to, the following reasons:(1) to further the uniform and consistent treatment of similarly situated individuals; and(2) to remedy rulings where the penalties available to the stewards or judges are insufficient to adequately address the violation.(d) The decision to modify a penalty must be signed by the executive secretary.(e) The executive secretary shall provide written notice to each person who is subject to a penalty modification decision under this section by:(1) sending by certified mail, return receipt requested, a copy of the decision to the person's last known address, as found in the Commission's licensing files; or(2) personal service by any Commission employee.(f) An appeal of a ruling whose penalty has been modified under this section must be filed in accordance with §307.67 of this title (relating to Appeal to the Commission).", "sourceNote": "Source Note: The provisions of this §307.69 adopted to be effective January 1, 2002, 26 TexReg 10530; amended to be effective May 6, 2012, 37 TexReg 3401; amended to be effective January 1, 2014, 38 TexReg 9527." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91476", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "D", "label": "RULEMAKING" }, "rule": { "number": "§307.101", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91477", "queryAsDate": "03/11/2026" }, "ruleBody": "As authorized by the Act, §3.02 and other law, the Commission shall adopt rules as authorized and required by law which are necessary for the performance of its duties, to establish standards of conduct for its licensees, to ensure strict compliance with and enforcement of the Act, to ensure uniform practice and procedure, and to provide for public participation, notice of agency actions, and a fair and expeditious determination of matters.", "sourceNote": "Source Note: The provisions of this §307.101 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91477", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "D", "label": "RULEMAKING" }, "rule": { "number": "§307.102", "label": "Rulemaking Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91473", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive secretary or a Commissioner may present to the Commission a suggested new rule, amendment to an existing rule, or repeal of a rule.(b) The executive secretary shall provide a copy of each suggested new rule, amendment to an existing rule, or repeal of a rule to each Commissioner before the Commission meeting at which the rule will be considered.(c) If the Commission votes to propose a suggested new rule, amendment to an existing rule, or repeal of a rule, the executive secretary shall file the proposal with the Secretary of State for publication in the Texas Register in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.(d) Contemporaneously with filing with the Texas Register, the executive secretary shall distribute a copy of each proposal to each association. On receipt of a proposal, an association shall promptly post the proposal in a prominent place that will ensure access by interested persons.(e) The documentation filed with the Secretary of State for publication in the Texas Register and the transcript of the Commission meeting at which a rule is finally adopted constitutes the Commission's order adopting the rule.", "sourceNote": "Source Note: The provisions of this §307.102 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91473", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "D", "label": "RULEMAKING" }, "rule": { "number": "§307.103", "label": "Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91478", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may request the Commission to adopt, amend, or repeal a rule by filing the request in writing with the executive secretary.(b) The request must include:(1) the full name, address, and telephone number of the person making the request;(2) the text of the new section or amendment, or a reference to the section proposed for repeal, identified in a manner sufficient to show the context of the new section, amendment, or repeal;(3) a suggested effective date;(4) reasons for the proposed action in narrative form in sufficient detail to inform the Commission fully of the facts on which the person relies;(5) the desired effect of the proposed section, amendment, or repeal;(6) the fiscal implications of the proposed section, amendment, or repeal to the state, to units of local government, to small businesses, and to individuals, if any; and(7) the signature of the person or a representative of the person.(c) The executive secretary shall inform the Chair of the Commission of each petition for rulemaking filed. The Chair shall determine whether to place the petition on the agenda for a Commission meeting for consideration by the Commission.(d) Not later than the 60th day after the date a petition under this section is submitted, a state agency shall:(1) deny the petition in writing, stating its reasons for the denial; or(2) initiate a rulemaking proceeding under this subchapter.", "sourceNote": "Source Note: The provisions of this §307.103 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91478", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "D", "label": "RULEMAKING" }, "rule": { "number": "§307.104", "label": "Saving Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91464", "queryAsDate": "03/11/2026" }, "ruleBody": "The amendment or repeal of a rule does not affect:(1) the prior operation of the rule or any prior action taken under the Rule;(2) any right, privilege, obligation, or liability previously acquired, accorded, or incurred under the Rule;(3) any violation of the Rule or any penalty or punishment incurred under the Rule before its amendment or repeal; or(4) any investigation, proceeding, or remedy concerning any privilege, obligation, liability, penalty or punishment under the Rule.", "sourceNote": "Source Note: The provisions of this §307.104 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91464", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "307", "label": "PROCEEDINGS BEFORE THE COMMISSION" }, "subchapter": { "number": "D", "label": "RULEMAKING" }, "rule": { "number": "§307.105", "label": "Severability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161008", "queryAsDate": "03/11/2026" }, "ruleBody": "If any part of a Commission rule or a rule's application to any person or circumstance is held invalid, the invalidity does not affect other parts or applications of the Rules that can be given effect without the invalid part or application, and to this end the Commission's rules are severable.", "sourceNote": "Source Note: The provisions of this §307.105 adopted to be effective January 1, 2002, 26 TexReg 10530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161008", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.1", "label": "Racetrack Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157897", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Required.(1) A person may not conduct a race meeting at which pari-mutuel wagering is conducted unless the person has a valid license to conduct a race meeting issued by the Commission.(2) A licensee may not employ a person to work at a racetrack at which pari-mutuel wagering is conducted unless the person has a valid license issued by the Commission.(3) The Commission shall issue a license in the form of a Commission Order to each association granted a license to operate a racetrack with pari-mutuel wagering.(b) Duration of License. The Commission may suspend, revoke or change the designation of a license in accordance with the Act and these rules. By agreement with the Commission, an association may voluntarily surrender a racetrack license for suspension or revocation.(c) Conditions.(1) Except as otherwise provided by this section, a license issued by the Commission is a privilege, not a right, and is conditioned on the licensee's compliance with the Act and the Rules.(2) If the Act or a rule is amended, the continued holding of a license is conditioned on the licensee's compliance with the Act or rule as amended.(d) Effect of Acceptance. By accepting a license issued by the Commission, a person consents to:(1) a search by the Commission of the association grounds and possessions located on association grounds to check for violations of the Act or the Rules; and(2) seizure of contraband.", "sourceNote": "Source Note: The provisions of this §309.1 adopted to be effective October 21, 1999, 24 TexReg 8964; amended to be effective December 7, 2008, 33 TexReg 10003; amended to be effective March 14, 2013, 38 TexReg 1675." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157897", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.2", "label": "Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157898", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Consistent with the Texas Racing Act which prohibits the Commission from granting more than three Class 1 horse racetrack licenses and which requires the Class 1 racetracks to be located only in counties with a population of 1.3 million or more or in a county adjacent to such a county, the Commission determines that only one Class 1 horse racetrack license will be granted for each eligible geographical area. No more than one Class 1 racetrack may be located in a county.(b) Consistent with the Texas Racing Act which prohibits the Commission from granting more than three greyhound racetrack licenses and which requires the greyhound racetracks to be located only in counties with a population of 190,000 or more and with all or part of an island that borders the Gulf of Mexico, the Commission determines that only one greyhound racetrack license will be granted for each eligible geographical area.(c) If the Commission receives more than one application for a Class 1 or greyhound racetrack license for an eligible geographical area, the Commission may:(1) refuse to grant a license to any of the applicants; or(2) grant the license to the applicant which, in the sole judgment and discretion of the Commission, will be in the best interest of racing and the public.(d) This subsection applies to a racetrack licensing proceeding regarding a Class 1 racetrack that has been constructed, the ownership of or a leasehold interest in which has been sold or transferred pursuant to the foreclosure of liens or the enforcement of an agreement securing the original financing for the racetrack (or any refinancing thereof) or otherwise transferred in lieu of foreclosure or enforcement of the debt holder's rights. The Commission shall grant a new Class 1 license for a racetrack to which this subsection applies as expeditiously as possible consistent with the Commission's duty to ensure the integrity of pari-mutuel racing.", "sourceNote": "Source Note: The provisions of this §309.2 adopted to be effective October 21, 1999, 24 TexReg 8964; amended to be effective January 8, 2004, 29 TexReg 364." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157898", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.3", "label": "Racetrack License Application Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157899", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements.(1) To apply for a license to operate a racetrack, a person must:(A) provide to the Commission all the information requested on the form prescribed by the executive secretary;(B) submit to the Commission all additional documents required by the application and this subchapter; and(C) pay an application fee to the Commission.(2) An applicant for a racetrack license must submit the application, all additional documents required by the application and the application fee to the main office of the Commission in Austin.(b) Application Process.(1) From time to time, the Commission shall designate an application period not to exceed 60 days, during which the Commission shall accept application documents.(2) The Commission shall specify the class and general geographic area of the racetrack for which it will consider applications.(3) The Commission shall publish in the Texas Register an announcement of the beginning of the application process at least 30 days before the first day of the application period.(4) While an application for a particular class of racetrack in a geographic region is pending before the Commission, the Commission may not designate an additional application period nor accept additional applications for the same class and geographic region.(5) When deciding whether to open an application period, the Commission shall consider the availability of racing and wagering opportunities in the proposed geographical region, the availability of competitive race animals for the class of racetrack, and the workload and budget status of the Commission.(c) Application and Additional Documents.(1) An applicant for a license to operate a racetrack must submit an application on the form prescribed by the executive secretary and all additional documents in accordance with the application and this section.(2) The applicant must submit an original and five copies of the application and additional documents to the Commission.(3) The applicant must swear to the truth and validity of the information in the application and the additional documents before a notary public. If the applicant is not an individual, the chief executive officer of the applicant must swear to the truth and validity of the information in the application and the additional documents before a notary public.(4) The applicant must state the name, address, and telephone number of an individual designated by the applicant to be the primary contact person for the Commission during the application process.(5) The applicant must submit the application and all additional documents not later than 5:00 p.m. on the last day of the application period. An application filed after the deadline will not be accepted and may not be considered by the Commission.(d) Review of Application Documents.(1) Not later than the 15th day after the last day of an application period, the executive secretary shall review each application submitted to determine whether the application contains all the required information.(2) If the executive secretary determines that the application does not contain all the required information, the executive secretary shall notify the applicant in writing and state the nature of the deficiency in the application. The applicant shall submit the documents necessary to complete the application within 30 days from the date the applicant is notified of the deficiency. If the applicant fails to submit the requested documents on or before the 30th day, the Commission may elect to not consider the application.(3) When the executive secretary determines that an application contains all the information required by this chapter, the executive secretary shall notify the applicant in writing that the application is complete.(e) Changes in the Application.(1) If information submitted by an applicant as part of a racetrack application changes or becomes inaccurate before the Commission acts on the application, the applicant shall immediately notify the executive secretary in writing of the change or inaccuracy.(2) After a racetrack application has been filed, the applicant may not amend the application except:(A) to address a deficiency in accordance with a notice sent under subsection (d);(B) as required by the Commission or the Commission staff to clarify information contained in the application; or(C) to address a change in the circumstances surrounding the application that was outside the control of the applicant and that affects the ability of the applicant to comply with the Act or the rules of the Commission.(3) To amend an application under paragraph (2)(C) of this section, an applicant must file with the executive secretary a written request to amend the application. The request must state:(A) the change in the circumstances surrounding the application that necessitate the amendment;(B) the nature of the amendment; and(C) the reasons why the amendment is necessary to bring the application into compliance with the Act or the Rules.(4) An applicant filing a request under paragraph (3) of this section must serve a copy of the request on each party to the application proceeding.(5) The administrative law judge shall grant or deny each request filed under paragraph (3) of this subsection. A request shall be granted if the applicant demonstrates that:(A) the circumstances requiring the amendment were outside the control of the applicant;(B) before the change in the circumstances surrounding the application, the application complied with the pertinent provisions of the Act or the Rules;(C) the amendment is necessary to bring the application into compliance with the pertinent provisions of the Act or the Rules; and(D) the amendment does not unfairly surprise another party to the application proceeding.", "sourceNote": "Source Note: The provisions of this §309.3 adopted to be effective October 21, 1999, 24 TexReg 8964; amended to be effective January 8, 2004, 29 TexReg 364." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157899", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.4", "label": "Information for Background Investigation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fingerprint Requirements and Procedure.(1) Except as otherwise provided by this section, an applicant for a license must submit with the application documents a set of the applicant's fingerprints on a form prescribed by the Department of Public Safety for classification by the Federal Bureau of Investigation and the Department of Public Safety. If the applicant is not an individual, the applicant must submit a set of fingerprints on the above-referenced form for each individual who:(A) serves as a director, officer, or partner of the applicant;(B) holds a beneficial ownership interest in the applicant of 5.0% or more; or(C) owns any interest in the applicant, if requested by the Department of Public Safety.(2) If the applicant is a political subdivision, each individual who is a member of the governing body of the political subdivision must submit a set of fingerprints as required by this section.(3) The fingerprints must be taken by a peace officer or a person authorized by the Commission.(4) Not later than 10 days after the day the Commission receives the fingerprints under this section, the Commission shall forward the fingerprints to the Department of Public Safety.(5) If an exempt institutional investor acquires an interest of 5.0% or more in an association, the investor is not required to submit any fingerprints unless specifically requested by the Commission or the Department of Public Safety. Not later than 10 days after the acquisition, the investor shall submit its most recent annual report or, if the annual report is not available, its most recent audited financial statements.(b) Criminal History Record.(1) For each individual who submits fingerprints under subsection (a) of this section, the Commission shall obtain a criminal history record maintained by the Texas Department of Public Safety and the Federal Bureau of Investigation.(2) The Commission may obtain criminal history record information from any law enforcement agency.(3) Except as otherwise provided by this subsection, the criminal history record information received under this section from any law enforcement agency that requires the information to be kept confidential as a condition of release of the information is for the exclusive use of the Commission and its agents and is privileged and confidential. The information may not be released or otherwise disclosed to any person or agency except in a criminal proceeding, in a hearing conducted by the Commission, on court order, or with the consent of the applicant. Information that is in a form available to the public is not privileged or confidential under this subsection and is subject to public disclosure.(c) Information for Department of Public Safety Background Investigation.(1) For each individual required to provide fingerprints under subsection (a) of this section, the application documents must include a completed form prescribed by the Department of Public Safety, which includes a statement disclosing whether the individual has ever been:(A) arrested; or(B) convicted of a felony or misdemeanor, other than a misdemeanor traffic offense.(2) All forms submitted under this section must be submitted under separate cover labeled \"Department of Public Safety Disclosure Forms - Confidential\" and include the fingerprint cards for the individuals submitting disclosure forms.", "sourceNote": "Source Note: The provisions of this §309.4 adopted to be effective October 21, 1999, 24 TexReg 8964; amended to be effective January 8, 2004, 29 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157900", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.5", "label": "Restrictions on Licensing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157901", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Lease. If an applicant for a license to operate a racetrack intends to lease the racetrack facility from another person, the Commission may not grant the license if the Commission determines that:(1) the lessor would not be qualified to be issued a license; or(2) the lease is a subterfuge to avoid compliance with the Act or a rule of the Commission.(b) Reasonable Diligence Required. If the Commission determines that an association is failing to exercise reasonable diligence in preparing a racetrack to begin racing on the date approved by the Commission, the Commission may revoke the license and grant the license to another applicant.", "sourceNote": "Source Note: The provisions of this §309.5 adopted to be effective October 21, 1999, 24 TexReg 8964." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157901", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.6", "label": "Order for Security for Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157902", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association must post security in an amount determined by the Commission to adequately ensure:(1) the association's compliance with the Act and the Rules;(2) the association's completion of the racetrack facilities on or before the date approved by the Commission;(3) the start of simulcast racing on or before the date approved by the Commission; and(4) the start of live racing on or before the date approved by the Commission.(b) Not later than 10 business days after the Commission issues its security order, the association must submit the security amount as directed.(c) If an association has no posted security and the association has not completed its racetrack facilities or has failed to conduct live racing in the previous calendar year, the Commission may:(1) approve a new date by which the association must complete its racetrack facilities;(2) approve a date by which the association must begin simulcast racing;(3) approve a date by which the association must begin live racing; and(4) require the association to post security in amount determined by the Commission.(d) In determining the amount of the security that the association shall post, the Executive Secretary shall prepare a security estimate proposal to be submitted to the Commission for consideration. In preparing the security estimate proposal the Executive Secretary shall:(1) make security estimate calculations using wagering and operations data from:(A) the association's application if the site location is the same as that provided in the original application; or(B) updated data provided by the association at the request of the Executive Secretary.(2) make security estimate calculations based on the following criteria:(A) pari-mutuel tax due the general revenue fund from live wagering pools;(B) pari-mutuel tax due the general revenue fund from simulcast same species wagering pools;(C) pari-mutuel tax due the general revenue fund from simulcast cross-species wagering pools;(D) the Racing Commission's general revenue dedicated account from live wagering pools and breakage;(E) Texas Bred Incentive Program funds due the Racing Commission's general revenue dedicated account from simulcast same species wagering pools and breakage;(F) Texas Bred Incentive Program funds due the Racing Commission's general revenue dedicated account from simulcast cross-species wagering pools and breakage;(G) race day fees due the Racing Commission's general revenue dedicated account from live wagering as detailed under Section 309.8, Racetrack License Fees; and(H) race day fees due the Racing Commission's general revenue dedicated account from simulcast wagering as detailed under Section 309.8, Racetrack License Fees.(e) Cash, cashier's checks, surety bonds, irrevocable bank letters of credit, United States Treasury bonds that are readily convertible to cash, or irrevocable assignments of federally insured deposits in banks, savings and loan institutions, and credit unions are acceptable as security for purposes of this section. Interest earned on a United States Treasury bond or on an irrevocable assignment of a federally insured deposit is not subject to the assignment and remains the property of the association.(f) If an association fails to conduct simulcast racing by the date approved by the Commission, the Commission shall forfeit to the state's general revenue fund and to the Texas Bred Incentive Programs that portion of the security that is appropriate for the amount of revenue lost to those funds. Exceptions to this requirement may be allowed only if the delay in performing is caused by conditions that are beyond the control of the association and which are not due to an act, omission, negligence, recklessness, willful misconduct, or breach of contract or law by the association. Such conditions include, but are not limited to, natural disasters, war, riots, crime, issuance of injunction or other court order, issuance of an order by an environmental or other agency, or strike.(g) If an association fails to conduct live racing by the date approved by the Commission, the Commission shall forfeit to the state's general revenue fund and to the Texas Bred Incentive Programs that portion of the security that is appropriate for the amount of revenue lost to those funds. Exceptions to this requirement may be allowed only if the delay in performing is caused by conditions that are beyond the control of the association and which are not due to an act, omission, negligence, recklessness, willful misconduct, or breach of contract or law by the association. Such conditions include, but are not limited to, natural disasters, war, riots, crime, issuance of injunction or other court order, issuance of an order by an environmental or other agency, or strike.(h) If an association is liable to the Commission for any accrued fees, penalties or interest, the Commission may forfeit any portion of the security that is appropriate for those fees, penalties or interest.(i) After the association completes its first live race meet after posting security under this section, the Commission shall return the remaining security to the association.", "sourceNote": "Source Note: The provisions of this §309.6 adopted to be effective October 21, 1999, 24 TexReg 8964; amended to be effective January 8, 2004, 29 TexReg 365; amended to be effective September 2, 2007, 32 TexReg 5367." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157902", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.7", "label": "Horse Racetrack Application Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202077", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions.(1) An applicant for a license must submit with the application documents an application or license fee in an amount set by the Commission.(2) The application fee for a racetrack license must be in the form of a certified check or cashier's check.(b) Application Fees.(1) The application fee for a racetrack license is composed of a processing charge, a variable investigation charge, and a variable hearing charge. The processing charge is the amount needed by the Commission to cover the administrative costs of processing the application. The investigation charge is the amount needed by the Commission to cover the costs incurred by the Department of Public Safety and Commission staff for conducting the background investigation on the applicant. The hearing charge is the amount needed by the Commission to pay for the State Office of Administrative Hearings, legal and court reporting services for conducting a hearing on the application. An applicant for a racetrack license must pay all charges contemporaneously with filing the application. The failure to pay the total amount of the application fee may result in the application being summarily denied by the Commission or an administrative law judge. The Commission shall hold the application fee in the state treasury in a suspense account. The Commission may transfer the processing funds due to the Commission to the Texas Racing Commission Fund as costs are incurred. If the application is not certified as completed under §309.3(d) of this chapter, the Commission shall return the investigation charge and hearing charge, as well as any part of the processing charge that exceeds the actual administrative costs to the Commission of processing the application. Not later than five business days after the date the Commission order on the application is final and unappealable, the Commission shall transfer the remaining suspense funds due to the Commission to the Texas Racing Commission Fund. If the actual costs to the Commission of processing the application, conducting the investigation or paying for the hearing exceed the amount deposited for the applicable charge, the applicant shall pay the remaining amount not later than 10 business days after receipt of a bill from the Commission. If the costs of processing the application, conducting the investigation or paying for the hearing are less than the amount of the charge, the Commission shall refund the excess not later than 10 days after the Commission order on the application is final and unappealable.(2) The amount to be deposited for the processing charge for a horse racetrack license application is:(A) for a Class 1 racetrack, $150,000;(B) for a Class 2 racetrack, $75,000;(C) for a Class 3 racetrack, $25,000; and(D) for a Class 4 racetrack, $10,000.(3) The amount to be deposited for the investigation charge for a horse racetrack license application is:(A) for a Class 1 racetrack, $25,000;(B) for a Class 2 racetrack, $15,000;(C) for a Class 3 racetrack, $1,500; and(D) for a Class 4 racetrack, $1,000.(4) The amount to be deposited for the hearing charge for a horse racetrack license application is:(A) for a Class 1 racetrack, $15,000;(B) for a Class 2 racetrack, $8,000;(C) for a Class 3 racetrack, $1,500; and(D) for a Class 4 racetrack, $1,000.(5) The amount to be deposited for the processing charge for a greyhound racetrack license application is $150,000.(6) The amount to be deposited for the investigation charge for a greyhound racetrack license application is $25,000.(7) The amount to be deposited for the hearing charge for a greyhound racetrack license application is $15,000.", "sourceNote": "Source Note: The provisions of this §309.7 adopted to be effective October 21, 1999, 24 TexReg 8964; amended to be effective January 8, 2004, 29 TexReg 365; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202077", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.8", "label": "Racetrack License Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157904", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose of Fees. An association shall pay a license fee to the Commission to pay the Commission's costs to administer and enforce the Act, and to regulate, oversee, and license live and simulcast racing at racetracks.(b) Annual License Fee. A licensed racing association shall pay an annual license fee by remitting to the Commission 1/12th of the fee on the first business day of each month. The annual license fee for each license type is as follows:(1) for a Class 1 racetrack, $223,530;(2) for a Class 2 racetrack, $106,176;(3) for a Class 3 or 4 racetrack, $27,941; and(4) for a Greyhound racetrack, $156,471.(c) Adjustment of Fees.(1) In the event that any racetrack license holder ceases to be licensed:(A) the fees in subsection (b) of this section, as previously adjusted under paragraphs (1) and (2) of this section if applicable, shall be increased by the amount of the annual fee of the terminated license holder multiplied by the applicable fraction calculated as follows:(i) for a Class 1 license holder, the numerator is 100;(ii) for a Class 2 license holder, the numerator is 47.5;(iii) for a Class 3 or 4 license holder, the numerator is 12.5;(iv) for a Greyhound racetrack, the numerator is 70; and(v) the denominator is the sum of all the numerators assigned to each of the remaining license holders as specified in clauses (i) through (iv) of this subparagraph; and(B) the fees in subsection (b) of this section as modified by subparagraph (A) of this paragraph shall be increased on a one-time, pro rata basis as necessary so that the Commission does not lose any racetrack license fee revenue due to the termination of the license.(2) In the event that a new racetrack license is issued, the fees in subsection (b) of this section, as previously adjusted under this paragraph and paragraph (1) of this subsection if applicable, shall be decreased by the amount of the annual fee of the new license holder multiplied by the applicable fraction calculated in accordance with paragraph(1)(A)(i) through (v) of this subsection.(3) If any of the adjustments imposed by this subsection cause the base annual license fee owed by any licensee to exceed the fee specified in subsection (b) of this section by more than 15%, the Commission shall undertake rulemaking to amend this section within 90 days after the Commission sends notice of the adjustment.(4) Annual fees are calculated using a projected base of 48 days of live horse racing per Class 1 racetrack, 8 days of live horse racing per Class 3 or 4 racetrack, and a total of 36 performances of live greyhound racing per fiscal year. If a Class 1 horse racetrack does not intend to use all of the race days allotted to it, it shall share the unused days with another Class 1 track, provided that the track receiving the unused days is not required to compensate the track sharing the days. To cover the additional regulatory cost in the event additional days or performances are requested by the associations, the executive secretary may:(A) recalculate a horse racetrack's annual fee by adding an amount not to exceed $5,345 for each live race day added beyond the base; and(B) recalculate a greyhound racetrack's annual fee by adding $750 for each live performance added beyond the base.(5) If the simulcast tax revenue collected in any quarter ending November 30, February 28 or 29, May 31, or August 31 is less than the amount specified in subparagraphs (A) through (D) of this paragraph, the fees in subsection (b) of this section shall be increased on a one-time, pro rata basis in an amount sufficient to generate revenue in the amount of the difference between the amount of simulcast tax revenue collected in the quarter and the following amount:(A) for a quarter ending November 30, $599,620;(B) for a quarter ending February 28 or 29, $630,955;(C) for a quarter ending May 31, $750,560; and(D) for a quarter ending August 31, $688,090.(6) Any fee increase owed by a racetrack license holder under paragraph (5) of this subsection, as it existed on September 1, 2020, as paragraph (2) of this subsection, for the period from September 1, 2020, through November 30, 2020, shall be due February 1, 2021. Any fee increase owed by a racetrack license holder under paragraph (5) of this section for the period from December 1, 2020, through February 28, 2021, shall be calculated under paragraph (5) of this section as it exists on January 1, 2021.(7) Any fee increase imposed by this subsection shall be effective upon 30 days notice to the racetracks.(8) If the executive secretary determines that the total revenue from the annual fees exceeds the amount needed to pay its costs, the executive secretary shall order a moratorium on all or part of the license fees remitted monthly by any or all of the associations. Before entering a moratorium order, the executive secretary shall develop a formula for imposing the moratorium in an equitable manner among the associations. In developing the formula, the executive secretary shall consider the amount of excess revenue received by the Commission, the source of the revenue, the Commission's costs associated with regulating each association, the Commission's projected receipts for the next fiscal year, and the Commission's projected expenses during the next fiscal year.", "sourceNote": "Source Note: The provisions of this §309.8 adopted to be effective January 1, 2012, 36 TexReg 8370; amended to be effective September 28, 2014, 39 TexReg 7574; amended to be effective December 28, 2015, 40 TexReg 9631; amended to be effective March 13, 2016, 41 TexReg 1684; amended to be effective March 5, 2018, 43 TexReg 1264; amended to be effective September 3, 2018, 43 TexReg 5678; amended to be effective November 19, 2019, 44 TexReg 7044; amended to be effective December 22, 2020, 45 TexReg 9179." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157904", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.9", "label": "Denial, Suspension and Revocation of Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157905", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) After notice and hearing in accordance with Subchapter B, Chapter 307 of this title (relating to Contested Cases), the Commission may deny, suspend, or revoke a license issued by the Commission.(2) If the licensee is not an individual, the grounds for denial, suspension, or revocation of a license apply if a director, officer, or partner of the licensee or an individual who owns an interest in the licensee of 5.0% or more engages in conduct for which a license may be denied, suspended, or revoked.(b) Grounds for Denying, Suspending, and Revoking Licenses.(1) Violations or Convictions. A license may be denied, suspended or revoked if it is determined that the licensee has:(A) violated or caused to be violated the Act or a Rule;(B) been convicted in a court of competent jurisdiction of violating the Act or a Rule;(C) been convicted of a felony;(D) been convicted of a crime of moral turpitude that is reasonably related to the licensee's fitness to hold a license in accordance with § 303.202 of this title (relating to Guidelines);(E) aided, abetted, or conspired with another person to violate the Act or a Rule; or(F) the licensee had a license issued by another pari-mutuel racing jurisdiction denied, revoked or is currently under suspension in another pari-mutuel racing jurisdiction.(2) Failure to Disclose. A license may be denied, suspended or revoked if it is determined that the licensee:(A) failed to provide information required in the license application;(B) provided false information in the license application;(C) failed to disclose an ownership interest in a horse or greyhound as required by the Rules; or(D) failed to fully disclose the true owners of all interests, beneficial or otherwise, in a proposed racetrack facility.(3) Domicile. A license may be denied, suspended or revoked if it is determined that the licensee is domiciled with an individual for whom a license issued by the Commission was denied, suspended or revoked during the preceding 12-month period.(4) Debt or Liens.(A) A license may be denied, suspended or revoked if it is determined that the licensee owes a fee to the state or a penalty imposed under the Act or the Rules.(B) A license may be denied, suspended or revoked if it is determined that:(i) the licensee has failed to timely pay any tax assessment, the payment of which is secured by any lien or encumbrance against the racetrack site; or(ii) a notice has been posted of the public sale of any portion of the racetrack site or the holder of any lien or security interest on any part of the racetrack site has instituted foreclosure or other proceedings for the enforcement of remedies under the terms of any instrument creating such a lien or security interest.(5) Ejection. A license may be denied, suspended or revoked if it is determined that the licensee has engaged in conduct for which the licensee may be ejected or excluded from a racetrack under the Rules.(6) Minimum Age, or Otherwise Ineligible. A license may be denied, suspended or revoked if it is determined that the licensee:(A) has not attained the minimum age necessary to purchase alcoholic beverages in Texas;(B) is in the habit of using alcoholic beverages to an excess or uses a controlled substance as defined in Chapter 481, Health and Safety Code, or a dangerous drug as defined in Chapter 483, Health and Safety Code, or is mentally incapacitated;(C) has improperly used a license certificate, credential, or identification card issued under this Act; or(D) through a change in ownership, would be ineligible to be issued a license.(7) Detrimental Practices. A license may be denied, suspended or revoked if it is determined that the licensee is engaged in activities or practices that are detrimental to the best interests of the public or to the racing industry.(8) Unqualified. A license may be denied, suspended or revoked if the Commission determines that the licensee is unqualified, by experience or otherwise, to perform the duties required of a licensee under the Act or the Rules.(9) Moral Character and Reputation. A license may be denied, suspended or revoked if the Commission determines that the licensee is not of good moral character or the licensee's reputation as a peaceable, law-abiding citizen in the community where the licensee resides is bad.(10) Ownership. A license may be denied, suspended or revoked if it results or would result in a person owning more than a five percent interest in more than three Texas racetrack licenses.", "sourceNote": "Source Note: The provisions of this §309.9 adopted to be effective October 21, 1999, 24 TexReg 8964; amended to be effective January 8, 2004, 29 TexReg 366; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157905", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.10", "label": "Notice and Curative Right of Debt Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157906", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the executive secretary initiates a disciplinary action proposing license suspension or revocation against an association which has debt outstanding regarding the racetrack premises and facilities, the executive secretary shall serve a copy of the notice of the proceedings on the debt holder if the executive secretary has been given written notice of:(1) the existence of the debt; and(2) the name and address of the person to whom notice under this section may be sent.(b) Except as otherwise provided by this subsection, the executive secretary shall serve the notice required by this section at the same time that notice of the disciplinary action is given to the association. If the executive secretary takes summary disciplinary action against an association to protect the public health, safety, and welfare, the executive secretary shall serve the notice required by this section not later than three business days after the date the summary disciplinary action is taken.(c) The executive secretary shall give the debt holder a reasonable opportunity to cure any violation by the association that is the subject of the disciplinary action that is capable of being cured consistent with the public interest. If the violation is cured, the executive secretary may not initiate disciplinary action against the association for that violation.(d) A debt holder that is entitled to notice under this section may participate in a disciplinary action against the association.", "sourceNote": "Source Note: The provisions of this §309.10 adopted to be effective January 1, 2002, 26 TexReg 10532." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157906", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.11", "label": "Fees for Requests to Approve a Transfer of Pecuniary Interests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157907", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions. A license holder who requests Commission approval to transfer a pecuniary interest in a racetrack license must submit with the request a fee in an amount set by the Commission.(b) Fees.(1) The request fee is composed of a variable processing charge and investigation charge. The processing charge is the amount needed by the Commission to cover the administrative costs of processing the request. The investigation charge is the amount needed by the Commission to cover the costs incurred by the Department of Public Safety and Commission staff for conducting the background investigation on the proposed transferee. A license holder must pay all charges contemporaneously with filing the request. The Commission will take no action on a request under this section unless the requestor submits the total amount of the request fee with the request. The Commission shall hold the request fee in the state treasury in a suspense account. The Commission may transfer the processing funds due to the Commission to the Texas Racing Commission Fund as costs are incurred. If the actual costs to the Commission of processing the request or conducting the investigation exceed the amount deposited for the applicable charge, the requestor shall pay the remaining amount not later than 10 business days after receipt of a bill from the Commission. If the costs of processing the request or conducting the investigation are less than the amount of the charge, the Commission shall refund the excess not later than 10 business days after the Commission's decision on the request becomes final.(2) The fees for a request for Commission approval to approve a transfer of pecuniary interests in a racetrack license that effects a change in the controlling interest of that license are as follows:(A) The amount to be deposited for the processing charge for a horse racetrack request is:(i) for a Class 1 racetrack, $50,000;(ii) for a Class 2 racetrack, $25,000;(iii) for a Class 3 racetrack, $10,000; and(iv) for a Class 4 racetrack, $2,500.(B) The amount to be deposited for the investigation charge for a horse racetrack request is:(i) for a Class 1 racetrack, $25,000;(ii) for a Class 2 racetrack, $10,000;(iii) for a Class 3 racetrack, $1,500; and(iv) for a Class 4 racetrack, $1,000.(C) The amount to be deposited for the processing charge for a greyhound racetrack request is $50,000.(D) The amount to be deposited for the investigation charge for a greyhound racetrack request is $25,000.(3) The fees for a request for Commission approval to approve a transfer of pecuniary interests of 5.0% or more in a racetrack license, but that does not effect a change in the controlling interest of that license, are as follows:(A) The amount to be deposited for the processing charge for a horse racetrack request is:(i) for a Class 1 racetrack, $500;(ii) for a Class 2 racetrack, $250;(iii) for a Class 3 racetrack, $100; and(iv) for a Class 4 racetrack, $50.(B) For each proposed transfer of pecuniary interests of 5.0% or more, the amount to be deposited for the investigation charge for a horse racetrack request is:(i) for a Class 1 racetrack, $1,000;(ii) for a Class 2 racetrack, $500;(iii) for a Class 3 racetrack, $250; and(iv) for a Class 4 racetrack, $125.(C) The amount to be deposited for the processing charge for a greyhound racetrack request is $500.(D) The amount to be deposited for the investigation charge for a greyhound racetrack license request is $1,000.(4) The fees for a request for Commission approval to approve a transfer of pecuniary interests of more than 1.0% and less than 5.0% in a racetrack license and that does not effect a change in the controlling interest of that license are as follows:(A) The amount to be deposited for the processing charge for a horse racetrack request is:(i) for a Class 1 racetrack, $100;(ii) for a Class 2 racetrack, $100;(iii) for a Class 3 racetrack, $50; and(iv) for a Class 4 racetrack, $25.(B) For each proposed transfer of pecuniary interests of more than 1.0% and less than 5.0%, the amount to be deposited for the investigation charge for a horse racetrack request is:(i) for a Class 1 racetrack, $500;(ii) for a Class 2 racetrack, $250;(iii) for a Class 3 racetrack, $125; and(iv) for a Class 4 racetrack, $50.(C) The amount to be deposited for the processing charge for a greyhound racetrack request is $100.(D) The amount to be deposited for the investigation charge for a greyhound racetrack request is $500.(5) The fees for a request for Commission approval to approve a transfer of pecuniary interests of 1.0% or less in a racetrack license and that does not effect a change in the controlling interest of that license are as follows:(A) The amount to be deposited for the processing charge for a horse racetrack request is $25.(B) For each proposed transfer of pecuniary interests of 1.0% or less, the amount to be deposited for the investigation charge for a horse racetrack request is $50.(C) The amount to be deposited for the processing charge for a greyhound racetrack request is $25.(D) The amount to be deposited for the investigation charge for a greyhound racetrack request is $50.", "sourceNote": "Source Note: The provisions of this §309.11 adopted to be effective July 14, 2009, 34 TexReg 4633." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157907", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.12", "label": "Fees for Requests to Approve Change of Location" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197052", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions. A license holder who requests Commission approval to change the location of a racetrack license must submit with the request a fee in an amount set by the Commission.(b) Fees.(1) The request fee is composed of a variable processing charge. The processing charge is the amount needed by the Commission to cover the administrative costs of processing the request. A license holder must pay all charges contemporaneously with filing the request. The Commission will take no action on a request under this section unless the requestor submits the total amount of the request fee with the request. The Commission shall hold the request fee in the state treasury in a suspense account. The Commission may transfer the processing funds due to the Commission to the Texas Racing Commission Fund as costs are incurred. If the actual cost to the Commission of processing the request exceeds the amount deposited for the applicable charge, the requestor shall pay the remaining amount not later than 10 business days after receipt of a bill from the Commission. If the costs of processing the request are less than the amount of the charge, the Commission shall refund the excess not later than 10 business days after the Commission's decision on the request becomes final.(2) The fees for a request for Commission approval to change the location of a racetrack license are as follows:(A) The amount to be deposited for the processing charge for a horse racetrack request is:(i) for a Class 1 racetrack, $100,000;(ii) for a Class 2 racetrack, $50,000;(iii) for a Class 3 racetrack, $15,000; and(iv) for a Class 4 racetrack, $7,500.(B) The amount to be deposited for the processing charge for a greyhound racetrack request is $100,000.", "sourceNote": "Source Note: The provisions of this §309.12 adopted to be effective July 14, 2009, 34 TexReg 4633." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197052", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.51", "label": "Designation of Active and Inactive Racetrack Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157909", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial Designation. The Commission shall designate a racetrack license as either active or inactive as those terms are defined in subsection (b) of this section. The Commission shall make the initial designation for each racetrack license not later than September 1, 2012.(b) Definitions.(1) \"Active-Operating\" means the license holder conducted live racing events at the racetrack during the previous State Fiscal Year and has been granted future live race dates.(2) \"Active-Other\" means the license holder has applied for and received pending live race dates under §303.41 of this title (relating to Allocation of Race Dates), and taken the following actions to demonstrate good faith efforts to conduct live racing:(A) is presently conducting pre-opening simulcasting;(B) has demonstrated that the conduct of simulcast or live racing is imminent. Factors the Commission may consider include, but are not limited to, the license holder's:(i) securing sufficient financial commitments to fund construction of the racetrack facility;(ii) securing the real property of the designated racetrack location for which the racetrack license was granted, either by purchase or through a long-term lease of 20 years or more;(iii) entering into contracts for the construction of the simulcasting and racetrack facilities;(iv) securing Commission approval of the racing facility's construction plans;(v) securing permits and utilities necessary for the construction of the racing facilities;(vi) beginning and sustaining construction of the simulcasting or live racing facilities; and(vii) providing to the Commission a construction and operations management schedule demonstrating that simulcasting is imminent and that the facilities will be ready to conduct live racing by the beginning of the approved live race dates; or(C) voluntarily providing a bond under subsection (e) of this section to ensure that the license holder conducts pre-opening simulcasting and completes the pending allocated live race dates.(3) \"Inactive\" means the license holder does not meet the requirements for the racetrack license to be designated as Active-Operating or Active-Other.(c) Subsequent Designation. After the initial racetrack designation is made under subsection (a) of this section, the Commission may change the designation of the racetrack license at any time if the facts that supported the current designation change.(d) Racetrack Reviews.(1) Racetracks designated \"Active-Operating\" or \"Active-Other\" will undergo an ownership and management review every five years pursuant to §2025.106 of the Act.(2) Racetracks designated \"Inactive\" will undergo an annual review described by §309.52 of this chapter (relating to Review and Renewal of Inactive Racetrack Licenses).(e) Bonds.(1) To be designated as Active-Other under subsection (b)(2)(C) of this section, a license holder shall submit a bond by September 1 of the State Fiscal Year for which it is offered.(2) The amount of the bond for the State Fiscal Year beginning September 1, 2012, and each year thereafter is $400,000.(3) Return or Forfeiture of Bond.(A) If the racetrack conducts pre-opening simulcasting during the first fiscal year of the bond, the bond shall be retained for an additional fiscal year or until the racetrack completes its live race dates. Upon successful completion of all of the racetrack's live race dates allocated for the first two fiscal years of the bond, the Commission shall return the bond to the license holder.(B) If the racetrack does not conduct pre-opening simulcasting during the initial fiscal year of the bonding period, the bond shall be forfeited on August 31 of the same fiscal year.(C) If the racetrack conducts pre-opening simulcasting during the first fiscal year but fails to conduct all of its allocated live race dates during the first two fiscal years of the bond, the bond shall be forfeited on August 31 of the second fiscal year.(D) A bond is automatically forfeited on the date provided in this subsection unless the Commission takes action in an open meeting to return the bond or extend the date of automatic forfeiture.(E) For purposes of this paragraph, live race dates do not include those race dates that have been excused by the executive secretary under §303.41(h) of this title.(4) The bond of a horse racetrack that is forfeited under this section shall accrue to the Horse Industry Escrow Account under §§2028.204-.205 of the Act and shall be distributed in accordance with those sections. The bond of a greyhound racetrack that is forfeited under this section shall accrue to the state greyhound breed registry and be distributed through the Accredited Texas Bred Program.(5) If an Active-Other racetrack forfeits a bond under this section, the Commission shall review and may change the license's designation at a regularly scheduled meeting to be held within the following four months of the bond forfeiture.(f) Failure to Conduct Granted Live Race Dates. Except as excused by the executive secretary under §303.41(h) of this title, if an Active-Operating or an Active-Other racetrack fails to conduct any live race dates granted to it by the Commission, the Commission shall review and may change the license's designation at a regularly scheduled meeting to be held within the following four months. This subsection does not apply to an Active-Other racetrack that has provided a bond under subsection (e) of this section.", "sourceNote": "Source Note: The provisions of this §309.51 adopted to be effective August 9, 2012, 37 TexReg 5739; amended to be effective November 20, 2019, 44 TexReg 7045." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157909", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.52", "label": "Review and Renewal of Inactive Racetrack Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162043", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall annually review each inactive racetrack license. At the conclusion of each review, the Commission may:(1) designate the license as Active-Operating;(2) designate the license as Active-Other;(3) renew the license as Inactive; or(4) refer the inactive racetrack license to the State Office of Administrative Hearings for an evidentiary hearing and Proposal for Decision as to whether the Commission should refuse to renew the license.(b) Notice of Review. The executive secretary shall provide written notice to an inactive license holder that the license holder must file an application for renewal. Such notice must be provided by certified or registered mail no later than June 1 of each year the license remains in effect and is designated as inactive. The first such notice shall be sent by the executive secretary by June 1, 2013. The notice must specify the procedure for filing an application for renewal and the information to be included in the application. The application for renewal shall be filed on or before July 1 following the receipt of the notice. The first application for renewal shall be filed by July 1, 2013, with additional applications filed annually on July 1 thereafter. The executive secretary may extend the deadline for filing the renewal application. The timely filing of an application for renewal extends the license until the Commission renews or refuses to renew the license. If an inactive racetrack license holder does not file a timely application for renewal, the Commission may either renew the license or refer the license to the State Office of Administrative Hearings for an evidentiary hearing and Proposal for Decision as to whether the Commission should refuse to renew the license.(c) Application for Renewal.(1) Each inactive racetrack license holder must submit an application for renewal on a form prescribed by the executive secretary.(2) The applicant must submit one original and two copies of the application and any supplemental documents.(3) The applicant must swear before a notary public to the truth and validity of the information in the application and its supplemental documents. If the applicant is not an individual, the chief executive officer of the applicant must swear before a notary public to the truth and validity of the information in the application and its supplemental documents.(4) The applicant must state the name, address, and telephone number of an individual designated by the applicant to be the primary contact person for the Commission during the review and renewal process.(d) Renewal Criteria. In determining whether to renew an inactive racetrack license, the Commission shall consider:(1) the inactive racetrack license holder's:(A) financial stability;(B) ability to conduct live racing;(C) ability to construct and maintain a racetrack facility;(D) other good faith efforts to conduct live racing; and(2) other necessary factors considered in the issuance of the original license.(3) For purposes of this section, the Commission will consider actions that demonstrate good faith efforts towards conducting live racing, although live racing is not imminent. Actions the Commission may consider include, but are not limited to:(A) securing sufficient financial commitments to fund construction of the racetrack facility;(B) securing the real property of the designated location for which the racetrack license was granted, either by purchase or through a long-term lease of 20 years or more;(C) entering into contracts for the construction of the simulcasting and racetrack facilities;(D) securing Commission approval of the racing facility's construction plans;(E) securing permits and utilities necessary for the construction of the racing facilities; and(F) beginning and sustaining construction of the simulcasting or live racing facilities.(e) Nonrenewal. The Commission may refuse to renew an inactive racetrack license if, after notice and a hearing, the Commission determines that:(1) renewal of the license is not in the best interests of the racing industry or the public; or(2) the license holder has failed to make a good faith effort to conduct live racing.(f) For purposes of this section, the Commission will consider, but is not limited to, the following factors as evidence that renewal of a license is not in the best interests of the racing industry or the public:(1) the presence of any ground for denial, revocation, or suspension of a license under §6.06 or §6.0603 of the Act;(2) forfeiture of any bond by an inactive racetrack license holder that was required by the Commission;(3) failure by an inactive racetrack license holder to comply with any condition or order placed on the license by the Commission;(4) failure to maintain the ownership or leasehold interest in the real property constituting the designated location; or(5) any factor identified in §6.04(a) of the Act.(g) The presence of any particular factor or factors under this section does not require the Commission to renew or refuse to renew an inactive racetrack license.(h) Review Fees.(1) Each inactive racetrack license must submit a review fee with its application for renewal. The review fee is composed of a variable processing charge. The processing charge is the amount needed by the Commission to cover the administrative and enforcement costs of processing the request for renewal, including any costs associated with processing a hearing at the State Office of Administrative Hearings. A license holder must pay the initial review fee contemporaneously with filing the application for renewal. The Commission shall hold the review fee in the state treasury in a suspense account. The Commission may transfer the processing funds due to the Commission to the Texas Racing Commission Fund as costs are incurred. If the actual cost to the Commission of processing the request exceeds the amount deposited for the applicable charge, the requestor shall pay the remaining amount not later than 10 business days after receipt of a bill from the Commission. If the costs of processing the request are less than the amount of the charge, the Commission shall refund the excess not later than 10 business days after the Commission's decision on the request becomes final.(2) The initial review fee for an inactive racetrack license is $5,000. If the Commission refers an application to the State Office of Administrative Hearings under subsection (a) of this section, the applicant for renewal shall submit an additional $50,000 review fee within 30 days of the referral.", "sourceNote": "Source Note: The provisions of this §309.52 adopted to be effective August 9, 2012, 37 TexReg 5739." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162043", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "A", "label": "RACETRACK LICENSES" }, "rule": { "number": "§309.53", "label": "Ownership and Management Review of Active Racetrack Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67545", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scheduling of review.(1) Except as otherwise provided in this subsection, an association holding a racetrack license designated as \"Active-Operating\" or \"Active-Other\" shall be subject to an ownership and management review in calendar year 2013.(2) An association that undergoes or has undergone an ownership and management review in connection with a change of controlling interest during 2008 or any subsequent year shall be subject to review under this section in the year beginning five years after the Commission approved the change in controlling interest.(3) An association which receives its original license during or after calendar 2013 shall be subject to review under this section in the year beginning five years after its date of original licensure.(b) Submission requirements. Not later than June 30 of the year in which an association is subject to review, the association shall submit to the Commission:(1) copies of its current management, concession, and totalisator contracts;(2) a copy of its current security plan;(3) for each person owning an interest of at least five percent of the association and for each officer, director, or management committee member who is not currently licensed as an Association Officer or Director by the Commission:(A) a completed background information form and written authorization for the Commission and the Department of Public Safety to conduct any investigation deemed necessary; and(B) a set of fingerprints on a form prescribed by the Department of Public Safety, or if the person already has a set of fingerprints classified and on file with the Department of Public Safety, authorization to resubmit those fingerprints to the Federal Bureau of Investigation and the Department of Public Safety for investigation;(4) a review fee of $5,000, to be held by the Commission in the state treasury in a suspense account until the review is complete or transferred to the Texas Racing Commission Fund as costs are incurred; and(5) any other information required by the Commission.(c) Commission review.(1) The executive secretary shall prepare a report for the Commission's review summarizing:(A) the information provided by the association under this section or under §309.152 of this title (relating to Records);(B) the Commission's inspection reports from the prior five years;(C) the results of any inspections or investigations conducted by the Commission as part of the review; and(D) any other information relevant to the ownership or management of the association.(2) The executive secretary will separately provide to the Commission the results of any background investigations conducted by the Department of Public Safety.(3) At the conclusion of each review, the Commission:(A) may take any action authorized under the Act or the Rules; and(B) shall schedule the next ownership and management review of the association's license.(d) Reconciliation of costs. Upon completion of the review, the Commission shall determine its total cost of processing the review, including its administrative costs and any investigative costs that are reimbursable to the Department of Public Safety.(1) If the actual cost to the Commission of processing the review exceeds the amount of the review fee paid by the association, the Commission shall bill the association for any additional amount, to be paid not later than 30 days after receipt of a bill from the Commission.(2) If the actual cost to the Commission of processing the review is less than the amount of the review fee paid by the association, the Commission shall refund the excess not later than 30 business days after the Commission's decision on the review becomes final.", "sourceNote": "Source Note: The provisions of this §309.53 adopted to be effective May 30, 2013, 38 TexReg 3336." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67545", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.101", "label": "Duty of Association" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106935", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall operate and provide facilities at a racetrack for which it is licensed in accordance with this chapter.", "sourceNote": "Source Note: The provisions of this §309.101 adopted to be effective October 21, 1999, 24 TexReg 8967." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106935", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.102", "label": "Exemption or Deferred Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138930", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may request an exemption or deferred compliance from a requirement in Subchapter B, C, or D as provided by this section.(b) An association operating a Class 2, 3 or 4 racetrack may request an exemption or deferred compliance if the association determines that compliance with the requirement is:(1) economically or geographically infeasible; or(2) unnecessary due to new technology or an innovative construction or design of the racetrack.(c) An association operating a Class 1 or greyhound racetrack may request an exemption if the association determines that compliance with the requirement is unnecessary due to new technology or an innovative construction or design of the racetrack.(d) A request for an exemption must be in writing and:(1) state the association's reason for the request; and(2) propose an alternative that substantially satisfies the purpose of the requirement.(e) A request for deferred compliance must be in writing and:(1) state the association's reason for the request;(2) propose an alternative that substantially satisfies the purpose of the requirement until compliance is established; and(3) establish a schedule under which the association will comply with the requirement.(f) The Commission may grant an exemption or defer compliance under this section if the Commission determines:(1) the association's alternative proposal substantially satisfies the purpose of the requirement;(2) the proposed schedule for compliance is reasonable; and(3) the Commission determines the exemption or deferred compliance is in the best interests of the race horses or greyhounds, the racing industry, and the citizens of Texas.", "sourceNote": "Source Note: The provisions of this §309.102 adopted to be effective October 21, 1999, 24 TexReg 8967; amended to be effective January 8, 2004, 29 TexReg 366." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138930", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.103", "label": "Construction and Renovation of Racetrack Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67548", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. In this section:(1) \"Racetrack construction project\" means:(A) the construction of a new racetrack facility by an association; or(B) the renovation of an existing racetrack facility by an association that affects a specific requirement in the Rules.(2) \"Construction plan\" means architectural drawings, engineering plans, or other documents that describe a proposed racetrack construction project.(b) Review of construction plan.(1) At least 30 days before the date an association proposes to start a racetrack construction project, the association shall submit a construction plan to the executive secretary. The construction plan must be in sufficient detail for the executive secretary to determine whether the proposed project complies with all applicable Commission rules.(2) After reviewing the construction plan, if the executive secretary determines the racetrack construction project will comply with the Rules, the executive secretary shall approve the project. If the executive secretary determines the project will not comply with the Rules, the executive secretary shall notify the association in writing and specifically describe the aspect of the project that does not comply. The executive secretary may require an additional 30 days to review the construction plan before notifying the association under this paragraph of his/her determination.(3) If the project is not approved, the association may not start construction until the necessary corrections are made to the construction plan for the project to comply with the Rules and the executive secretary has approved the corrections.(c) Monitoring construction.(1) At least monthly during a racetrack construction project, an association shall file a written report with the executive secretary on the progress of the project.(2) The executive secretary or his/her designee may periodically inspect the project to ensure ongoing compliance with the Rules.(3) An association shall maintain records of the racetrack construction project, including a copy of all change orders made during the project. Records shall be maintained under this paragraph for at least twelve months after the end of the project and are subject to review by the executive secretary at any time.(d) Changes to construction plan.(1) If after construction starts an association changes the construction plan in a manner that affects a requirement in the Rules, the association shall notify the executive secretary in writing. The association shall state the reason for the change.(2) After reviewing the change if the executive secretary determines the change complies with the Rules, the executive secretary shall approve the change. If the executive secretary determines the change does not comply with the Rules, the executive secretary shall notify the association in writing and specifically state why the change does not comply.(3) If the change is not approved, the association may not continue on any aspect of the project that is affected by the change until the necessary corrections are made and the executive secretary has approved the corrections.(e) Final approval.(1) After a racetrack construction project is complete, the executive secretary or his/her designee shall inspect the newly constructed or renovated portion of the racetrack facility to determine whether the facility complies with the Rules.(2) If the executive secretary determines the facility complies with the Rules, the executive secretary shall approve the facility for use. If the executive secretary determines the facility does not comply with the Rules, the executive secretary shall issue a notice of violation to the association. The notice of violation must specify the specific rule violated. The notice of violation must include an order to remedy the violation and state a deadline for the remediation.(3) The association may not use the newly constructed or renovated portion of the racetrack facility for racing, training, or wagering purposes until the executive secretary has determined that the facility complies with the Rules.", "sourceNote": "Source Note: The provisions of this §309.103 adopted to be effective October 21, 1999, 24 TexReg 8967; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67548", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.104", "label": "Compliance Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113604", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Inspection Program.(1) The executive secretary shall develop a comprehensive program to periodically inspect racetrack facilities for compliance with the Rules.(2) The inspection program shall identify the various items that must be inspected at each racetrack facility, the persons responsible for conducting the inspections, and the procedure for conducting inspections.(b) Violations.(1) If an inspection reveals a racetrack facility is not in compliance with a rule, the executive secretary shall issue a notice of violation to the association operating the racetrack facility. The notice of violation must specify the specific rule violated and include an order to remedy the violation and state a deadline for the remediation.(2) An association's failure to remedy a condition that violates a rule on or before the deadline established by the executive secretary is grounds for disciplinary action against the association.(c) Reports to Commission.(1) The executive secretary shall make periodic reports to the Commission in open meeting regarding inspections of racetrack facilities. The reports must include information on the number and type of inspections conducted, the results of the inspections, any remediation ordered by the executive secretary, and the results of any orders issued by the executive secretary.(2) If after reviewing a report by the executive secretary the Commission determines the executive secretary has misinterpreted or misapplied a rule, the Commission shall require the executive secretary to modify any order issued by the executive secretary that is based on the misinterpretation of the rule.", "sourceNote": "Source Note: The provisions of this §309.104 adopted to be effective October 21, 1999, 24 TexReg 8967." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113604", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.105", "label": "Reimbursement of Breeders' Cup Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198290", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Request for Reimbursement.(1) Pursuant to the Act, §6.094, not later than January 31 of the year following the year in which an association hosts the Breeders' Cup races, the association may submit to the Commission a report seeking reimbursement for associated Breeders' Cup costs on a form approved by the Commission. Multiple requests for reimbursement may be submitted by the association to the Commission, but each request must be for separate costs.(2) The report must include:(A) the total amount of Breeders' Cup costs incurred and paid by the association for which reimbursement is requested;(B) the total payments made by political subdivisions and development organizations to the association;(C) invoices, receipts, or other documentation verifying the expenditures;(D) documentation verifying the necessity of the expenditures as either capital improvements or extraordinary expenses reasonably incurred for the operation of the Breeders' Cup races;(E) an ongoing total of payments received by the association from the Commission paid from the Breeders' Cup Developmental Account; and(F) any other information requested by the executive secretary.(b) Payment. On determining that the requested reimbursement is verified and authorized in accordance with the Act, the executive secretary shall process payment to the association from the Breeders' Cup Developmental Account. Concurrent with payment, the executive secretary shall certify to the comptroller the aggregate amount actually paid for Breeders' Cup costs by political subdivisions and development organizations.(c) Administration and Audit of Reimbursements.(1) The executive secretary may at any time inspect, review, or audit any transaction or documentation relating to a reimbursement paid to an association under this section, including amounts paid or set aside by political subdivisions and development organizations with regards to the Breeders' Cup. The executive secretary may ask for additional documentation to support any reimbursement requested.(2) An association shall maintain all supporting documentation and records involving requests and payment from the Breeders' Cup Developmental Account for a period of four years from the date of payment or denial of payment.", "sourceNote": "Source Note: The provisions of this §309.105 adopted to be effective July 11, 2004, 29 TexReg 6642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198290", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.106", "label": "Transfers to Texas-Bred Incentive Fund" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67550", "queryAsDate": "03/11/2026" }, "ruleBody": "A racetrack association shall initiate the transfer of funds due to the Texas-bred incentive fund within two business days of the date of the performance for which the funds were earned.", "sourceNote": "Source Note: The provisions of this §309.106 adopted to be effective February 11, 2020, 45 TexReg 891." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67550", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.111", "label": "Comfort and Safety" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67549", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall ensure that the public areas of the association grounds are designed and maintained for the comfort and safety of the patrons.(b) An association shall designate as a non-smoking area a portion of each of the public areas on association grounds.", "sourceNote": "Source Note: The provisions of this §309.111 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67549", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.112", "label": "Maintenance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138946", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall maintain all facilities on association grounds, including facilities provided for use by the Commission staff, to ensure the safety and cleanliness of the facilities at all times.", "sourceNote": "Source Note: The provisions of this §309.112 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138946", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.113", "label": "Accessibility by Disabled Persons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall ensure that all public areas of the association grounds are accessible by disabled persons in accordance with standards adopted for public buildings under Texas Government Code, Chapter 469.(b) An association shall accommodate the wagering and entertainment needs of disabled persons. Accommodation includes all aspects of providing the association's services to disabled persons, including but not limited to the audio-visual displays of racing information, the number of betting windows designed for disabled persons, and accommodations in all areas of the racetrack.", "sourceNote": "Source Note: The provisions of this §309.113 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138947", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.114", "label": "Restrooms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138948", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide and maintain restroom facilities which are adequate in number, design, construction, and location for all persons on association grounds, including licensees within the restricted non-public areas of the enclosure. Restroom facilities shall conform to the general standards as detailed in 25 TAC Chapter 265 (relating to General Sanitation).", "sourceNote": "Source Note: The provisions of this §309.114 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138948", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.115", "label": "Refreshments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138949", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide an adequate supply of free drinking water for the patrons and licensees.", "sourceNote": "Source Note: The provisions of this §309.115 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138949", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.116", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138950", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide an office to handle complaints.(b) An association shall respond promptly to all complaints by patrons and licensees.(c) An association shall promptly notify the executive secretary of:(1) a complaint regarding an alleged violation of the Act or a rule of the Commission; or(2) any written complaint regarding:(A) an alleged violation of ordinances or statutes;(B) accidents or injuries; or(C) unsafe or unsanitary conditions for patrons, licensees or race animals.(d) An association's responsibility to respond to complaints under subsection (b) of this section is independent of the association's responsibility to notify the executive secretary under subsection (c) of this section.(e) An association shall maintain a record of each complaint received regarding the association facilities, each complaint received under subsection (c) of this section, and the action taken by the association regarding the complaint. The association shall maintain each record for two years after the complaint is received.", "sourceNote": "Source Note: The provisions of this §309.116 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 367; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138950", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.117", "label": "First Aid" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197053", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At all times that an association is open to the public, the association shall provide a first aid room equipped with appropriately qualified personnel and equipment suitable to respond to medical emergencies of its patrons and licensees. Qualified personnel are those individuals certified in basic cardiac life support and first aid in conformance with accepted guidelines for emergency care and resuscitation.(b) During a live race meeting, a horse racing association shall provide a properly equipped and staffed ambulance for humans and the services of a certified paramedic at any time that the racetrack is open for racing or exercising. At a Class 1 or 2 racetrack, the ambulance must be a Mobile Intensive Care Unit (MICU) certified by the Department of State Health Services. If the MICU ambulance is used to transport an individual, the association may not conduct a race until the ambulance returns or is replaced by a properly equipped, staffed, and certified MICU ambulance. The ambulance must be parked at the entrance to the racing strip when not being used to transport an individual.", "sourceNote": "Source Note: The provisions of this §309.117 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective April 1, 2001, 26 TexReg 2153; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197053", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.118", "label": "Regulatory Office Space and Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138952", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide adequate office space for the use of the stewards or racing judges, occupational licensing personnel, the Commission's investigative unit, the pari-mutuel auditing staff and the staff employed by the comptroller, the Commission veterinary and drug testing staff, and the Department of Public Safety. The location and size of the office space, furnishings, electrical outlets, telephone lines, television monitors, and equipment required under this section must be approved by the executive director.(b) An association shall provide a place for posting notices from the Commission that is easily viewed by patrons and licensees. An association shall promptly post all notices received from the Commission.(c) The office for the stewards or racing judges must be furnished and be equipped with at least one telephone line.(d) The office for the Commission's investigative unit must be located adjacent to the occupational licensing office and the Department of Public Safety office. The office must be furnished and be equipped with:(1) a telephone line; and(2) a television monitor to monitor the events on the racetrack.(e) The office space for occupational licensing personnel must consist of two rooms, one of which must be private. The room that is not private must be equipped with:(1) a double counter;(2) a fingerprint work area;(3) a television monitor;(4) a telephone line;(5) a dedicated telephone line to be used by a fax machine;(6) a dedicated Ethernet line to be used by a credit card machine or other secure line with access to the internet that is acceptable to the executive director;(7) the appropriate number of desks, file cabinets and chairs;(8) locking file cabinets or other locking storage facilities adequate in size and number to store the licensing files and checks; and(9) power outlets adequate in number and capacity to operate all of the Commission's electrical equipment located within the occupational licensing office.(f) The office space for the pari-mutuel auditing staff and the staff employed by the comptroller must:(1) provide an unrestricted view of the pari-mutuel computers;(2) permit unrestricted entry to the totalisator facilities;(3) be furnished with the appropriate number of desks and chairs;(4) include locking file cabinets in the work area or other locking storage facilities, in which the auditors may store computer printouts or magnetic tape and that are large enough to store all state-controlled wagering records for the association that are needed for audits by the Commission or the comptroller;(5) include a video and audio device that enables the auditors to receive, simultaneously with the patrons, the same information that the patrons receive;(6) have at least six power outlets to operate electrical equipment;(7) include a telephone line;(8) if requested by the Commission or the comptroller, have an additional Ethernet or other secure line with access to the internet that is acceptable to the executive director; and(9) a dedicated telephone line to be used by a fax machine.(g) Commission Veterinarian's Office.(1) An association shall provide a secured office area for the Commission veterinarians.(2) The office must be adjacent to the drug testing area and the pre-race holding area.(3) The office must consist of at least two rooms, one of which must be private.(4) At horse racetracks, the office must be constructed to allow a view of each of the adjacent areas.(5) The office must be equipped with:(A) a sink with hot and cold water built into a counter of a size required by the executive director;(B) desks and filing cabinets, in numbers as required by the executive director, equipped with locks;(C) at horse racetracks, refrigerators and freezers, in sizes and numbers as required by the executive director, equipped with locks;(D) at greyhound racetracks, a freezer in a size as required by the executive director;(E) a storage area, of a size required by the executive director, with a door approved by the executive director;(F) telephone lines with telephones as required by the executive director;(G) television monitors as required by the executive director; and(H) at horse racetracks, a freestanding counter of a size required by the executive director.(6) All locks must be of a type approved by the executive director.(h) An association shall provide a private telephone line for the exclusive use of the Department of Public Safety in the department's office. An association shall provide, inside the enclosure in close proximity to the department's office, adequate reserved parking for the Department of Public Safety personnel.(i) All telephone lines provided under this section must:(1) be assigned a unique telephone number that is directly accessible by outside callers;(2) if requested by the executive director, be listed in the governmental section of the local telephone directory; and(3) if requested by the executive director, be listed on the association's website.(j) An association shall provide at its expense computer lines, phone equipment, and any necessary voice and data network cabling in the offices of the state regulatory and law enforcement personnel as prescribed by the executive director. In addition, the association shall reimburse the Commission for the costs of any network or data circuits installed or caused to be installed by the Commission at the association's location.(k) All costs of telecommunications for regulatory and law enforcement personnel provided under this section shall be paid by the association and the telecommunications service may not be interrupted at any time. To ensure minimal disruption to the Commission's regulatory functions, the association shall ensure the Commission staff has twenty-four hour access and keys to any telecommunications rooms serving regulatory and law enforcement personnel as prescribed by the executive director.(l) An association shall provide to the Commission a number of keys to the Commission offices as approved by the executive director.(m) An association shall provide, inside the enclosure and in close proximity to the Commission's regulatory offices, adequate reserved parking for Commission staff.", "sourceNote": "Source Note: The provisions of this §309.118 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 367; amended to be effective December 7, 2008, 33 TexReg 10003; amended to be effective November 20, 2019, 44 TexReg 7045." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138952", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.120", "label": "Parking for Licensees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67560", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide a lighted parking area for licensees outside the stable or kennel area.", "sourceNote": "Source Note: The provisions of this §309.120 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective September 27, 2005, 30 TexReg 6051; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67560", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.122", "label": "External Communication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138953", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided in this section, an association may have telecommunication systems on the premises during a race meeting for the benefit of the public press or for transacting ordinary business.(b) The telecommunication systems may not be used to transmit money or other things of value, or to direct the placing of an illegal wager on the result of a race.(c) A portable telephone, transmitter, or other instrument of communication that can be used for transmitting messages off association grounds is subject to confiscation by security personnel or by an employee of the Commission if it is being used for bookmaking, other illegal activity or a purpose inconsistent with maintaining the integrity of racing and pari-mutuel wagering.", "sourceNote": "Source Note: The provisions of this §309.122 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138953", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.123", "label": "Internal Communication System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "120437", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a telephone extension and/or a two-way radio to the following:(1) the stewards' or judges' stand;(2) the racing office;(3) the tote room;(4) the jockey room;(5) the paddock or lockout kennel;(6) the entrance to the kennel compound;(7) the pre-race holding area;(8) the Commission veterinarian's office;(9) the test barn;(10) the starting gate or boxes;(11) the finish line;(12) the video camera locations;(13) the clocker's stand;(14) the location of the ambulances;(15) the outrider;(16) the chase truck;(17) the claims clerk;(18) the security office; and(19) other locations designated by the executive secretary.(b) The executive secretary may approve an alternative communication system in areas within the enclosure for which the executive secretary has determined telephone communication is impractical.", "sourceNote": "Source Note: The provisions of this §309.123 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "120437", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.124", "label": "Public Address System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106938", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide and maintain a public address system capable of transmitting announcements to the patrons and, if the association is a horse racing association, to the stable area.", "sourceNote": "Source Note: The provisions of this §309.124 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective July 15, 2005, 30 TexReg 3994." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106938", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.125", "label": "Photofinish Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177676", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide an electronic photofinish device with mirror image to photograph the finish of each race and record the time of each horse or greyhound in at least hundredths of a second.(b) The association may use an additional, more exact time measurement device.(c) The association shall maintain an auxiliary photofinish device in case of an emergency.(d) The location and operation of the photofinish device must be approved by the executive secretary before its first use in a race.(e) The association shall, upon request, make available for viewing the photofinish of each race for win, place, or show in a designated area accessible to the public.(f) The association shall ensure that the photofinish device is calibrated before the first day of each race meeting and at other times as required by the executive secretary.", "sourceNote": "Source Note: The provisions of this §309.125 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 368." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177676", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.126", "label": "Video Recording Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a video recording system to record each race in color from start to finish.(b) The video recording of a horse race must provide a clear panoramic and head-on view of the position and action of the horses and jockeys at a range sufficient for motions to be easily discerned by the stewards. The video recording of a greyhound race must provide a clear view of the position and action of the greyhounds at a range sufficient for motions to be easily discerned by the racing judges.(c) The association shall provide, in the stewards' or judges' stand, separate monitors which simultaneously display the images being received by each camera during the running of a race for reviewing a race.(d) A horse race run on an oval racetrack must be recorded by at least three video cameras. A horse race run on a straight course racetrack must be recorded by at least two video cameras. At a Class 1 racetrack, a horse race run on an oval racetrack must be recorded by at least four video cameras.(e) The location and height of video towers and the operation of the video recording system must be approved by the executive secretary before its first use in a race.(f) An association shall provide a viewing room in which, on approval of the stewards or racing judges, an owner, trainer, jockey, or other interested individual may view a video recording of a race.(g) The association shall maintain an auxiliary video recording system in case of an emergency.(h) A Class 1 racetrack must have:(1) a video camera that provides a complete, uninterrupted view of the entire oval;(2) a video camera located in the tower that provides a head-on view of the backstretch;(3) a video camera located in a tower that provides a head-on view of the homestretch; and(4) a video camera located in a tower that provides a rear view of the homestretch.", "sourceNote": "Source Note: The provisions of this §309.126 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective May 8, 2016, 41 TexReg 3303." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177677", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.127", "label": "Maintenance of Still Images and Video Recordings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67568", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall preserve either the negative of each photograph of the finish of a race or the image of each electronic photofinish of a race, whichever device is used, and the video recording of a race for at least one year after the last day of the race meeting during which the photograph, electronic photofinish image or video recording was made.(b) On request by the Commission, the association shall provide a digital image or print from a negative, or copy of the image from the electronic photofinish device or a copy of a video recording to the Commission.", "sourceNote": "Source Note: The provisions of this §309.127 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 368; amended to be effective May 8, 2016, 41 TexReg 3303." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67568", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.128", "label": "Lighting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195714", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide adequate lighting on association grounds to ensure the safety of the horses or greyhounds, the employees, and patrons.(b) If an association conducts races at night, the association shall maintain a back-up lighting system in case of an emergency.(c) An association shall perform regular maintenance and checks on the lighting systems to ensure that the systems are in proper working order.", "sourceNote": "Source Note: The provisions of this §309.128 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195714", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.129", "label": "Automatic Banking Machines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67569", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may permit the placement of an automatic banking machine on association grounds only in accordance with this section. For purposes of this section, \"automatic banking machine\" means an electronic terminal, as that term is defined by Regulation E, Electronic Fund Transfers, 12 CFR 205.(b) Vendor.(1) If an association contracts with a vendor to provide an automatic banking machine, the contract is subject to inspection by the executive secretary. The contract may not contain any provision that violates or is inconsistent with the Act or Rules. The association shall make the contract available to the executive secretary on request.(2) A vendor of automatic banking machines for pari-mutuel racetracks must be licensed by the Commission. If the vendor is not an individual, a designated representative of the vendor selected by the executive secretary must be licensed.(c) Configuration. An automatic banking machine placed on association grounds must be configured with the following restrictions:(1) A customer using the machine may withdraw funds only from his or her checking account at a bank or other financial institution. A customer may not use the machine to withdraw funds from a savings account.(2) For each transaction at a machine, a statutory fee of $1.00 must be withdrawn from the customer's account in addition to the amount delivered to the customer and any other fees authorized and imposed by the bank or other financial institution, by the association, or by the vendor.(3) Before the customer authorizes the transaction, the machine must display a screen that notifies the customer of the statutory fee and permits the customer to cancel the transaction. The notice must state the following or its equivalent: UNDER TEXAS RACING ACT §2027.004, A $1 FEE MUST BE COLLECTED ON EACH TRANSACTION AT THIS MACHINE FOR DEPOSIT INTO THE TEXAS STATE TREASURY.(d) Collection and Payment of Fee.(1) The association or vendor, if applicable, shall collect the statutory fee periodically and pay the total amount of the statutory fees collected during the preceding month to the Commission not later than a date set by the executive secretary. Payment of the statutory fee must be made in accordance with procedures established by the executive secretary.(2) Failure to collect and pay the proper amounts for the statutory fee may result in disciplinary action against the association or vendor.(e) Records and Audit.(1) The association or vendor, if applicable, shall maintain complete records regarding all transactions conducted at each machine placed by the association or vendor on association grounds. The records must be maintained for at least three years after the date of the transaction.(2) The Commission may audit the records at any time to ensure the proper collection and payment of the statutory fees.(f) Compliance with Other Laws. A machine placed on association grounds under this section must comply with all other applicable state and federal statutes and regulations. This section may not be construed to supersede any other state or federal statutes or regulations applicable to automatic banking machines.", "sourceNote": "Source Note: The provisions of this §309.129 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 369; amended to be effective December 8, 2011, 36 TexReg 8371; amended to be effective July 1, 2019, 44 TexReg 3262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67569", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.130", "label": "Attendance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106965", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide turnstiles or another method approved by the executive secretary for monitoring the attendance at the racetrack.", "sourceNote": "Source Note: The provisions of this §309.130 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106965", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.131", "label": "Breathalyzer Machine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67571", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide and maintain a breathalyzer of a type approved by the executive secretary for use by law enforcement personnel. The breathalyzer shall be calibrated on a regular basis to ensure the integrity of the tests being conducted. A report of each calibration shall be recorded in a calibration log maintained by the association.", "sourceNote": "Source Note: The provisions of this §309.131 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67571", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.132", "label": "Approval of Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163798", "queryAsDate": "03/11/2026" }, "ruleBody": "Before an association may install an item of equipment pertaining to racing, the item and the proposed installation must be approved by the executive secretary. The association may not remove an item of equipment that has been approved and installed without the prior approval of the executive secretary unless the replacement equipment has been approved and notice of the replacement is given to the Commission.", "sourceNote": "Source Note: The provisions of this §309.132 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163798", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.151", "label": "Change of Ownership, Board of Directors, or Management Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67590", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, an association may not transfer an ownership interest in the association, grant or sell an option to buy an ownership interest in the association, or make a change in the board of directors or management committee of the association without the prior approval of the Commission.(b) To receive the approval of the Commission for a proposed ownership transfer, the association shall submit to the Commission all written documents relating to the transfer. If there are no written documents relating to the transfer, the association shall submit a written summary of all terms of the transfer including, but not limited to, the consideration given, the proposed date of the transfer, and the terms of any option given for future acquisition of additional ownership interests. The association shall also submit the following information:(1) the transferor's name, total ownership percentage, and the manner in which the ownership interest is held, such as through a limited partnership or shares of stock in a corporate general partner or association;(2) the transferee's name, residence address and telephone number, business address and telephone number, date of birth, physical description, driver's license number, and social security number;(3) the percentage of ownership interest the transferee is acquiring; and(4) a set of fingerprints on a form prescribed by the Department of Public Safety, a set of fingerprints for classification by the Federal Bureau of Investigation and completed background information form for the Department of Public Safety, if the transfer results in the acquisition of an ownership interest of 5.0% or more in the association by an individual who has not previously submitted fingerprints to the Commission.(c) To receive the approval of the Commission for a change in the board of directors or management committee, the association shall submit to the Commission a written request for the change, the names of the individuals involved in the change, the percentage of any ownership interest the individuals hold in the association, and the proposed date of the change. If the proposed change involves placing an individual on the board of directors or management committee who has not previously submitted fingerprints to the Commission, the association shall also submit:(1) the individual's name, residence address and telephone number, business address and telephone number, date of birth, physical description, driver's license number, and social security number; and(2) a set of fingerprints on a form prescribed by the Department of Public Safety, a set of fingerprints for classification by the Federal Bureau of Investigation and completed background information form for the Department of Public Safety.(d) The transfers of pecuniary interests in an association described by this subsection are considered to have the prior approval of the Commission, subject to the right of the Commission to object to the transfer after it is informed of the transfer and has performed any background investigation required by the Commission or the Department of Public Safety. Not later than 10 days after the effective date of a transfer to which this subsection applies, the transferee shall submit to the Commission information regarding the transfer on a form prescribed by the Commission and the Department of Public Safety. If the transferee is not an individual, the form required by this subsection must be submitted for all officers, directors, partners, and members of any management committee of the transferee. The following transfers are considered to have the prior approval of the Commission in accordance with this subsection:(1) a transfer to an exempt institutional investor of a direct or indirect beneficial ownership interest or a warrant or other option to buy a direct or indirect beneficial ownership interest in an association provided:(A) following the transfer, the exempt institutional investor owns, directly or indirectly, less than 10% of the total beneficial ownership interests in the association; and(B) if the transfer results in the investor holding 5.0% or more of the total beneficial ownership interests in the association, the exempt institutional investor provides to the Commission, not later than 10 days after the transfer, a copy of the investor's most recent annual report or, if the report is not available, a copy of the investor's most recent audited financial statements; and(2) a transfer to any person of a direct or indirect beneficial ownership interest or a warrant or other option to buy a direct or indirect beneficial ownership interest in an association provided that the interest transferred is less than 1% or, following the transfer, the person owns, directly or indirectly, less than 5.0% of the total beneficial ownership interests in the association, and:(A) the interest was transferred after having been registered under the Federal Securities Act of 1933; or(B) the individual transferee or each individual with a direct or indirect interest in the transferee has submitted:(i) the individual person's name, residence address and telephone number, business address and telephone number, date of birth, physical description, and driver's license number; and(ii) if requested by the Department of Public Safety, a set of fingerprints in a form approved by the Department.(3) notwithstanding paragraph (2) of this subsection, a transfer to any person of a direct or indirect beneficial ownership interest or a warrant or other option to buy a direct or indirect beneficial ownership interest in an association is not considered to be preapproved if the transfer:(A) will result in a change in the control of the association; or(B) will result in the transferee's total beneficial interest increasing from less than 5.0% to 5.0% or more.(4) Upon receipt of the background report from the Department of Public Safety or verification by the Department that no further background check will be required, the executive secretary shall notify the association within 10 days as to whether a transfer under this subsection should be considered approved or whether the executive secretary will seek further review by the Commission.", "sourceNote": "Source Note: The provisions of this §309.151 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 370; amended to be effective September 19, 2013, 38 TexReg 6201." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67590", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.152", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall maintain records regarding the management and operation of the racetrack for which the association is licensed.(b) The records must be maintained on the association grounds.(c) Not later than June 15 of each year, an association shall submit audited financial statements to the Commission regarding the management and operation of the racetrack. The executive secretary may prescribe a form on which the financial information must be submitted to the Commission.(d) The executive secretary may require an association to submit a balance sheet and profit and loss statements, not later than five business days after making the request, to determine whether the association continues to be financially viable and capable of performing the duties of an association.", "sourceNote": "Source Note: The provisions of this §309.152 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.153", "label": "General Security" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184134", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall secure the peaceful use of the association grounds by providing security personnel that is adequate in number and training. The number of security personnel and the level of training required for security personnel is subject to the approval of the executive secretary. All security personnel, including peace officers providing security services to the association, must be individually licensed by the Commission.(b) On request by the executive secretary, an association shall provide proof of adequate liability insurance for the racetrack.", "sourceNote": "Source Note: The provisions of this §309.153 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 370." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184134", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.154", "label": "Stable or Kennel Area" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67596", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide continuous security service in the stable or kennel area:(1) at a horse racetrack, for the period beginning 10 days before the first day of a race meeting and ending 10 days after the last day of a race meeting unless otherwise approved by the executive secretary; and(2) at a greyhound racetrack, at any time that a greyhound is housed in the area.(b) An association shall ensure that the stable or kennel area is fenced in a manner that prohibits an individual from crawling under or over the fence.(c) An association shall prohibit an individual from entering or being present in the stable or kennel area unless the person displays a license badge issued by the Commission which authorizes the individual to have access to the stable or kennel area or a temporary pass issued by the association.(d) A written record of all individuals admitted to the stable or kennel area between the hours of 12:00 midnight and 5:00 a.m. shall be maintained. At a minimum, this record shall contain the name and license number of the person admitted and the time admitted. The daily logs shall be delivered to the Commission investigator regularly or at the earliest opportunity when an investigator returns to duty.", "sourceNote": "Source Note: The provisions of this §309.154 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 370; amended to be effective May 3, 2017, 42 TexReg 2338." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67596", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.155", "label": "Stable/Kennel Area Visitors Pass" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67597", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may issue a visitor's pass to a person to enter the stable or kennel area in accordance with this section. The association security staff shall maintain a log showing the date, name of visitor, pass number, and the person granting the pass and the person's Commission license number. A person to whom a visitor's pass has been issued shall display the pass on the person's clothing at all times that the person is in the stable or kennel area.(b) An association may issue a visitor's pass only to a guest of:(1) an association officer or official;(2) a Commission employee;(3) a trainer, assistant trainer, or kennel owner licensed by the Commission;(4) the owner of a horse or greyhound stabled or kenneled on association grounds; or(5) a veterinarian licensed by the Commission.(c) A visitor's pass must contain:(1) the visitor's name;(2) the date the pass was issued; and(3) the sequential pass number.(d) A visitor's pass issued under this section is valid only for the date the pass is issued.(e) A visitor's pass does not entitle the person to whom the pass is issued to participate in racing in any way other than as a patron.(f) The licensee granting the visitor's pass is responsible for the proper conduct of the visitor and shall ensure compliance by the visitor with all Commission rules.", "sourceNote": "Source Note: The provisions of this §309.155 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67597", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.156", "label": "Incident Reports and Accident Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106944", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later that 72 hours after an incident occurs requiring the attention of security personnel, the chief of security for an association shall deliver to the stewards or racing judges a written report describing the incident.(b) The report must contain the name of each individual involved in the incident, the circumstances of the incident, and any recommended charges against each individual involved.(c) An association shall also maintain records regarding all accidents that occur on association grounds during a race meeting and that result in an injury to a person or race animal. A copy of the record shall be provided upon request by the executive secretary.", "sourceNote": "Source Note: The provisions of this §309.156 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106944", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.157", "label": "Fire Prevention" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67602", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall develop and implement a program for fire prevention on association grounds.(b) An association shall instruct employees working on association grounds of the procedures for fire prevention.(c) Before each live race meeting, an association shall have the racetrack facility inspected for compliance with the state's adopted fire code. An inspection required by this subsection must be conducted at least 10 but no more than 45 days before the first day of the race meeting. The association shall provide a copy of the inspection report to the Commission no later than the third day after the association receives the report.(d) An association shall prohibit:(1) smoking in stalls, near greyhound crates, in feed rooms or hay storage areas, and in shed rows;(2) open fires and oil or gas lamps outside of areas designated by the association;(3) unattended electrical appliances that are plugged in to an outlet;(4) electrical outlets or cords left within reach of a race animal;(5) flammable materials, such as cleaning fluids or solvents, kept in the stable or kennel area; and(6) locking a stall occupied by a horse.", "sourceNote": "Source Note: The provisions of this §309.157 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 371." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67602", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.158", "label": "Insect Control" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67598", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide effective insect control, including control of external parasites, to all areas of the association grounds other than inside a kennel building at all times that a horse or greyhound is housed on association grounds.", "sourceNote": "Source Note: The provisions of this §309.158 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67598", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.159", "label": "Alcoholic Beverages" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may not permit the sale, possession, or consumption of an alcoholic beverage in the stable or kennel area for the period beginning 10 days before the first day of a race meeting and ending 10 days after the last day of a race meeting, unless written consent has been granted by the Commission at least 30 days prior for a special event to be held within the stable or kennel enclosure.(b) The Commission may consent to a temporary waiver of the alcohol prohibition upon confirmation that no local ordinances would be violated and that the Texas Alcoholic Beverage Commission has approved the activity. The association shall submit a request for a special event waiver detailing the dates, times, and nature of the special event. The Commission may grant conditional approval.", "sourceNote": "Source Note: The provisions of this §309.159 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106945", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.160", "label": "Vendors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67600", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may not permit the sale of food, animal feed, medication, or equipment in the stable or kennel area by a vendor or vendor employee who is not properly licensed by the Commission.(b) An association shall supervise the operations on association grounds of a vendor of food, animal feed, medication, or equipment in the stable or kennel area.(c) An association may not grant an exclusive concession to a vendor of animal feed, racing supplies, or racing services. An association may not control or monopolize the sale of goods to employees who work in the stable or kennel area.(d) A vendor of an animal feed or medication shall file with the Commission veterinarian a list of products that the vendor proposes to sell on association grounds. The Commission veterinarian shall inform the vendor if the list includes any products which are known to be prohibited from being possessed on association grounds.", "sourceNote": "Source Note: The provisions of this §309.160 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective January 8, 2004, 29 TexReg 371." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67600", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.162", "label": "Management, Totalisator Companies, and Concessionaires Contracts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67575", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association's contract for management, concession, or totalisator services must be approved by the Commission. A contract that requires approval under this section must be in writing.(b) To receive approval by the Commission for the proposed contract, an association shall submit the person's name, address, telephone number, and any proposed contract to the Commission for its approval. For each person submitted under this subsection, the executive secretary shall designate the individuals who must provide complete background information pursuant to the Act, §6.031.(c) Except as otherwise provided by this subsection, an association may not solicit or accept a loan of anything of value from a person who is providing management, concession, or totalisator services at a racetrack for which the association is licensed. This subsection does not apply to a loan from a person who owns an interest in the association of 5.0% or more. On request by the executive secretary, the association shall provide a copy of documentation regarding a loan.(d) A person who provides general management, totalisator, or concession services at a racetrack shall maintain records of its operations, including all accounting records required under generally accepted accounting principles, and shall make the records available for inspection by a representative of the Commission on request by the executive secretary. Not later than June 15 of each year, the person shall submit financial statements for the preceding year to the Commission on a form prescribed by the executive secretary.", "sourceNote": "Source Note: The provisions of this §309.162 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67575", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.163", "label": "Fingerprinting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon request, an association shall provide an employee on its security staff to take fingerprints for applicants for occupational licenses.(b) The association shall ensure that the designated employee is properly trained and is capable of taking fingerprints of a quality required by the Federal Bureau of Investigation.", "sourceNote": "Source Note: The provisions of this §309.163 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121265", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.164", "label": "Accounting Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67580", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall maintain an accounting system under the supervision of a certified public accountant.(b) An association shall ensure that all purse money and nomination race money is distributed in accordance with the Act, the rules of the Commission, the association's rules, and the conditions for the race for which the money is payable.(c) The Commission may review and conduct audits of all systems maintained under this section.", "sourceNote": "Source Note: The provisions of this §309.164 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective September 27, 2005, 30 TexReg 6051." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67580", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.165", "label": "Cooperation with Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67582", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall cooperate fully with the Commission and the Commission staff in the regulation of pari-mutuel racing and shall promptly provide any information requested by the Commission or the Commission staff.", "sourceNote": "Source Note: The provisions of this §309.165 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67582", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.166", "label": "Race Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89878", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall ensure that the race information disseminated by the association to the news media is accurate. The association shall make all reasonable efforts to correct any erroneous information transmitted by the association and any erroneous publication that is brought to the attention of the association.(b) An association shall provide a display board to inform the patrons of the results of the previous race performance.", "sourceNote": "Source Note: The provisions of this §309.166 adopted to be effective October 21, 1999, 24 TexReg 8968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89878", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.167", "label": "Organizational Chart" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223830", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On request by the executive secretary, an association shall provide to the executive secretary an organizational chart which indicates the lines of authority, responsibility, and control for each operation of the association. The chart must include the name and title of key managers, including the head of each of department, and a brief description of their responsibility and authority.(b) The association shall provide to the executive secretary a revised organizational chart immediately on the termination or resignation of a person named on the chart provided under subsection (a) of this section or the reorganization of responsibilities, authority, or control.", "sourceNote": "Source Note: The provisions of this §309.167 adopted to be effective October 21, 1999, 24 TexReg 8968; amended to be effective November 1, 2001, 26 TexReg 8510." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223830", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "B", "label": "OPERATIONS OF RACETRACKS" }, "rule": { "number": "§309.168", "label": "Hazardous Weather" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67583", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Association shall develop a hazardous weather, lightning protocol, and temperature guidelines to be approved by the Executive Director.(b) The Executive Director shall designate the personnel responsible for immediately investigating any known impending threat of dangerous weather conditions, or temperature to determine if conditions exist that warrant delay of a performance and/or the notification of the public of such threatening weather, or temperature conditions. The first priority in all such decision-making shall be the well-being and safety of all persons and animals.(c) The stewards shall implement a race delay when:(1) lightning is detected within an eight-mile radius of the racetrack, to remain in effect until a minimum of 30 minutes has passed since the last strike is observed within an eight-mile radius; or(2) the facility is within the affected area of a severe thunderstorm or tornado warning as announced by the National Weather Service, to remain in effect until the facility is no longer within the affected area.(d) Using a Wet Bulb Globe Temperature (WBGT) device or WBGT derived information from the website of the National Weather Service (NWS) section of the National Oceanic and Atmospheric Administration (NOAA), if the WBGT temperature measurement exceeds 92 degrees Fahrenheit, all live racing and official works are suspended unless approved by the Chief Veterinarian. WBGT measurements above 94 degrees Fahrenheit require Executive Director approval, before any track activity is conducted involving horses.(e) Standard temperatures below 32 degrees Fahrenheit will be monitored by the Chief Veterinarian or their designee to ensure wind chill, precipitation, and other factors do not endanger the horse and jockey. In cold weather environments, the Chief Veterinarian has the authority to suspend, cancel, or delay both live racing and official works. In absence of the Chief Veterinarian or their designee, the Board of Stewards have the authority to suspend or cancel live races and official works.", "sourceNote": "Source Note: The provisions of this §309.168 adopted to\r\nbe effective December 7, 2008, 33 TexReg 10003; amended to be effective\r\nJune 7, 2021, 46 TexReg 3517; amended to be effective February 4,\r\n2025, 50 TexReg 652." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67583", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.201", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211369", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter applies to horse racetracks and to associations that are licensed by the Commission to operate a horse racetrack with pari-mutuel wagering.", "sourceNote": "Source Note: The provisions of this §309.201 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211369", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.202", "label": "Track Length" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67587", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A racetrack must consist of an oval, a chute on the grandstand side of the oval, and a chute on the back side of the oval at the opposite end from the grandstand side chute.(b) The oval must be, measured along a line three feet out from the face of the inside rail:(1) for a Class 1 racetrack, at least one mile in circumference;(2) for a Class 2 racetrack, at least seven-eighths mile in circumference; and(3) for a Class 3 or 4 racetrack, at least five-eighths mile in circumference.(c) The length of the chute on the grandstand side shall be such that the distance from the starting gate to the finish line must be:(1) for a Class 1 or Class 2 racetrack, at least 550 yards; and(2) for a Class 3 or Class 4 racetrack, at least 440 yards.(d) The length of a chute on the back side shall be such that the distance from the starting gate to the finish line, must be:(1) for a one mile track, at least seven furlongs long, so as to accommodate a race at a distance of seven furlongs;(2) for a seven-eighths mile track and a three-fourths mile track, at least six furlongs long, so as to accommodate a race at a distance of six furlongs; and(3) for a five-eighths mile track at a Class 3 or 4 racetrack, at least four furlongs long.(e) The finish line of a racetrack must be at least 200 feet from the break of the first turn.(f) The radius of each turn in the oval must be approved by the executive secretary.", "sourceNote": "Source Note: The provisions of this §309.202 adopted to be effective October 21, 1999, 24 TexReg 8969; amended to be effective June 1, 2001, 25 TexReg 4735; amended to be effective January 8, 2004, 29 TexReg 371." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67587", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.203", "label": "Track Width" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67588", "queryAsDate": "03/11/2026" }, "ruleBody": "A racetrack must be:(1) for a Class 1 racetrack, at least 90 feet wide on each straightaway and at least 80 feet wide on each turn;(2) for a turf racetrack, at least 80 feet wide on each straightaway and at least 80 feet wide on each turn; and(3) for a Class 2, 3 or 4 racetrack:(A) at least 30 feet wide on each straightaway for the first two horses in a race and an additional five feet wide for each additional horse in a race; and(B) not more than 10 feet narrower on each turn than on the straightaway.", "sourceNote": "Source Note: The provisions of this §309.203 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67588", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.204", "label": "Elevation and Surface of Track" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The surface of the racetrack, including the cushion, subsurface, and base, must be constructed of materials and to a depth that adequately provides for the safety of the jockeys and the horses.(b) The elevation and surface must be approved by the executive secretary before the first race.(c) The elevation and surface are subject to periodic inspection. The executive secretary may develop a schedule for the periodic inspection of all the racetrack surfaces.(d) If an inspection reveals that the elevation or surface is not in compliance with the Rules or is not safe for racing, the executive secretary shall notify the association of the deficiencies and the recommended remedy. The association may not use the racetrack for live racing until the executive secretary has determined that the elevation and surface complies with the Rules and are safe for racing.", "sourceNote": "Source Note: The provisions of this §309.204 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67589", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.205", "label": "Drainage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199582", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide for the racetrack a drainage system approved by the executive secretary.(b) If an association operates a turf racetrack, the drainage system must prevent water from running from the dirt racetrack onto the turf racetrack.", "sourceNote": "Source Note: The provisions of this §309.205 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199582", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.206", "label": "Rails" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67592", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A racetrack, including a turf track, must have an inside and an outside rail of a type approved by the executive secretary. A turf track must have an outside rail that is separate from the inside rail of the adjacent dirt track. The inside rail of a turf track must be movable.(b) The top of the rail must be not less than 38 nor more than 50 inches above the top of the cushion.(c) The rail must be constructed of a material that will withstand the impact of a horse.(d) The rail posts must be spaced not more than 10 feet apart except for movable sections for the purpose of access. The top rail must be smooth and continuous, with no jagged edges.(e) For a permanent rail, the rail posts must be set in concrete at least six inches below the top of the base to a depth of 36 inches. For a movable rail, the rail posts must be secured in a manner sufficient to withstand the impact of a horse.", "sourceNote": "Source Note: The provisions of this §309.206 adopted to be effective October 21, 1999, 24 TexReg 8969; amended to be effective November 1, 2001, 26 TexReg 8510; amended to be effective January 8, 2004, 29 TexReg 372; amended to be effective June 10, 2020, 45 TexReg 3771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67592", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.207", "label": "Maintenance of Track" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89884", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide adequate maintenance equipment and personnel to restore the track surface to racing condition.(b) An association shall provide back-up equipment for maintaining the track surface.(c) An association that conducts races on a turf track shall:(1) maintain an adequate stockpile of growing medium; and(2) provide a watering system that is capable of watering from the inside and outside rails and of watering the entire turf track in not more than five hours.", "sourceNote": "Source Note: The provisions of this §309.207 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89884", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.208", "label": "Gates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67572", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A gate in a rail must appear similar to the rail. The top rail of the gate must be secured to the top rail.(b) A gate in the inside rail that is more than 10 feet long must have a center support.(c) An association shall ensure that all gates to the track are closed during a race.(d) Horse access gates must be placed at least 50 feet apart.", "sourceNote": "Source Note: The provisions of this §309.208 adopted to be effective October 21, 1999, 24 TexReg 8969; amended to be effective November 1, 2001, 26 TexReg 8510." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67572", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.209", "label": "Turf Access Path" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67578", "queryAsDate": "03/11/2026" }, "ruleBody": "An access path from the inside rail to a turf track may not have rails along the path while a race is being conducted on the dirt track.", "sourceNote": "Source Note: The provisions of this §309.209 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67578", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.210", "label": "Lighting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67581", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide lighting for the racetrack and the patron facilities that is adequate to ensure the safety and security of the patrons, licensees, and horses and to ensure the proper operation of the videotape and photofinish equipment. The lighting must be approved by the executive secretary.(b) An association shall provide additional lighting in the stable area, including adequate lighting in each stall and barn, and security lighting that is activated automatically.", "sourceNote": "Source Note: The provisions of this §309.210 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67581", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.211", "label": "Obstacles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67573", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An obstacle along the inside rail of a racetrack, including starting point markers and distance poles, must be placed at least 10 feet away from the bottom of the rail posts.(b) If a concrete drainage ditch is built behind the inside rail, the concrete must be covered with a soft material.", "sourceNote": "Source Note: The provisions of this §309.211 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67573", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.212", "label": "Official's Stands" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89885", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide adequate stands for officials to have an uninterrupted view of the racetrack.(b) If an association uses a patrol judge, the floor of the stand for the patrol judge must be at least six feet above the top of the track rail.(c) An association shall provide a clocker's stand in a location approved by the executive secretary.", "sourceNote": "Source Note: The provisions of this §309.212 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89885", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.213", "label": "Starting Gates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86857", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a padded starting gate approved by the executive secretary.(b) The starting gate for quarter horse racing must be capable of activating the timing device for the race.(c) A class 1 or class 2 association shall maintain at least two operable starting gates during racing hours.(d) An association shall make at least one starting gate and qualified starting gate personnel available for schooling as often as necessary to accommodate the number of horses requiring schooling from the gate.(e) An association shall provide appropriate equipment to move the starting gate. The equipment must be kept at the racing strip while a race is being conducted. If a race is started at a place other than in a chute, the association shall provide backup equipment for moving the starting gate. The backup equipment must be kept at the same place as the primary moving equipment during the race.", "sourceNote": "Source Note: The provisions of this §309.213 adopted to be effective October 21, 1999, 24 TexReg 8969; amended to be effective November 1, 2001, 26 TexReg 8511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86857", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.214", "label": "Distance Markers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67577", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide starting point markers and distance poles in accordance with this section.(b) The starting point markers and distance poles must be of a size and in a position to be clearly seen from the stewards' stand.(c) The starting point markers and distance poles must be marked as follows:(1) 1/16 mile--Black and white stripes(2) 1/8 mile--Green and white stripes(3) 1/4 mile--Red and white stripes(4) 220 yards--Green and white stripes(5) 250 yards--Blue(6) 300 yards--Yellow(7) 330 yards--Black and white stripes(8) 350 yards--Red(9) 400 yards--Black(10) 440 yards--Red and white stripes(11) 550 yards--Black and white stripes(12) 660 yards--Green and white stripes(13) 770 yards--Black and white stripes(14) 870 yards--Blue and white stripes", "sourceNote": "Source Note: The provisions of this §309.214 adopted to be effective October 21, 1999, 24 TexReg 8969; amended to be effective June 1, 2001, 26 TexReg 3624." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67577", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.215", "label": "Survey" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67661", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide to the Commission before the first race a survey conducted by a licensed surveyor indicating the grade and distance measurements on the racetrack.", "sourceNote": "Source Note: The provisions of this §309.215 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67661", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.241", "label": "Barns" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67662", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide barns in a sufficient number for the anticipated number of horses.(b) The barns must be constructed of steel, concrete block, or masonry and must be appropriately spaced to ensure proper air circulation and to minimize fire hazards.(c) The association shall ensure that the barns are kept clean and in good repair. Each barn, including the test barn, must be well-ventilated and constructed to be comfortable in all seasons.(d) Each barn must be equipped with an adequate drainage system and one washrack with running water for every twelve stalls.", "sourceNote": "Source Note: The provisions of this §309.241 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67662", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.242", "label": "Receiving Barn" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67663", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a conveniently located receiving barn for use by horses arriving for a race that are not to be housed on association grounds.(b) The barn must have a sufficient number of stalls for the anticipated number of horses.", "sourceNote": "Source Note: The provisions of this §309.242 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67663", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.243", "label": "Stalls" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67664", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a sufficient number of stalls to house twice the anticipated number of starters per week of races. To comply with this subsection, an association may include in the total number of stalls the stalls located in the stable area, the receiving barn, and the stakes barn.(b) The stalls must be constructed of a fire-retardant material.(c) Except as otherwise provided by a rule of the Commission, a stall must have a floor area of at least 110 square feet and must be at least 10 feet wide.(d) The association shall provide a covered walkway along the front of each row of stalls. The walkway must be at least 10 feet wide and must be kept neat and clean at all times.(e) An association shall ensure that the area above each stall is kept open for proper ventilation.", "sourceNote": "Source Note: The provisions of this §309.243 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67664", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.244", "label": "Accommodations for Stakes Races" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67665", "queryAsDate": "03/11/2026" }, "ruleBody": "An association that conducts a stakes race shall provide adequate barn space for housing horses entered in a stakes race.", "sourceNote": "Source Note: The provisions of this §309.244 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67665", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.245", "label": "Manure Removal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67666", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide an adequate area for the placement of manure removed from the stalls.(b) An association shall promptly remove the manure from the stable area.(c) An association shall ensure that refuse from the stalls and other refuse are kept separate.", "sourceNote": "Source Note: The provisions of this §309.245 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67666", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.246", "label": "Hay and Feed Storage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67667", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide an area for storing hay other than in a barn where a horse is housed. The area must be covered and well-ventilated.(b) An association shall ensure that feed other than hay is stored in a permanent container or a room designed for that purpose.", "sourceNote": "Source Note: The provisions of this §309.246 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67667", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.247", "label": "Maintenance of Common Areas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67668", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall ensure that each area and all equipment that is subject to contact by different horses is kept clean and free of dangerous objects.", "sourceNote": "Source Note: The provisions of this §309.247 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67668", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.248", "label": "Pre-race Holding Area" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67670", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a pre-race holding area that is adjacent to the Commission veterinarian's office.(b) The area must be covered, well-ventilated, and safe for the horses and the individuals who handle the horses. The association shall ensure that all posts or obstacles are padded.(c) The area must be equipped with:(1) a walk ring;(2) at least 12 stalls; and(3) an office for the horse identifier.(d) The area must have only one entrance that is locked or guarded during live racing.", "sourceNote": "Source Note: The provisions of this §309.248 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67670", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.249", "label": "Paddock" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138934", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a paddock.(b) The paddock must be completely enclosed with a fence. The paddock entrance(s) must be locked or guarded at all times during live racing.(c) If the paddock has stalls, the stalls must be constructed to ensure the safety of the horses and the individuals who handle the horses.(d) During a race performance, the association shall provide the services of a farrier in the paddock.", "sourceNote": "Source Note: The provisions of this §309.249 adopted to be effective October 21, 1999, 24 TexReg 8969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138934", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.250", "label": "Test Barn" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138935", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a test barn for taking specimens for testing. The barn must be adjacent to the Commission veterinarian's office.(b) The barn must be shielded from the noise and excitement of the races.(c) The barn must be clean, sanitary, adequately ventilated, and safe for the horses and the individuals who handle the horses.(d) The barn must be equipped with:(1) a walk ring large enough to accommodate eight horses;(2) at least four enclosed stalls, equipped with dutch doors and observation windows;(3) a washrack that is large enough to accommodate two horses at the same time; and(4) eight disinfected water buckets for drinking water.(e) An association shall provide restroom facilities for the test barn employees in close proximity to the test barn.(f) The area must have only one entrance, which must be locked or guarded at all times. The area must have a security guard present on live race days prior to the first race and remaining until all race horses have been released. The guard shall:(1) restrict access to the test barn to Commission personnel, test technicians, veterinarians, authorized licensees escorting race horses for testing, and Commission-escorted guests; and(2) maintain an accurate log of all horses and licensees entering and leaving the test barn on a form approved by the executive secretary.", "sourceNote": "Source Note: The provisions of this §309.250 adopted to be effective October 21, 1999, 24 TexReg 8969; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138935", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.253", "label": "Postmortem" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138936", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a postmortem area.(b) The area must be located in a secluded area and must allow access by an equine ambulance.(c) The area must be equipped with:(1) a cover;(2) a concrete or asphalt slab with a rough finish;(3) adequate drainage; and(4) hot and cold water and a hose.(d) An association shall provide services for the disposal of a horse that dies at the racetrack.", "sourceNote": "Source Note: The provisions of this §309.253 adopted to be effective October 21, 1999, 24 TexReg 8969; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138936", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.254", "label": "Equine Ambulance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138937", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide an equine ambulance and trained personnel on association grounds on each day that the racetrack is open for racing or exercising.(b) The ambulance must be properly ventilated and kept in the shade at an entrance to the racing strip when not in use.(c) The ambulance must be a large, covered and enclosed vehicle that is low to the ground. The ambulance must be able to:(1) navigate on the racetrack during all weather conditions; and(2) transport a horse off the association grounds.(d) The ambulance must be equipped with:(1) large, portable screens to shield a horse from public view;(2) ramps or a system to lower the ambulance to ground level to load a horse;(3) adequate means of loading a horse that is down;(4) a rear door and a door on each side;(5) a padded interior;(6) a movable partition to initially provide more room to load a horse and to later restrict a horse's movement;(7) a shielded area for the individual handling the horse;(8) a storage area for supplies;(9) a front leg Kimzey brace or an equivalent approved by the Commission veterinarian; and(10) a water supply to treat heat exhaustion.(e) If the ambulance is being used to transport a horse, the association may not conduct a race until the ambulance is replaced.", "sourceNote": "Source Note: The provisions of this §309.254 adopted to be effective October 21, 1999, 24 TexReg 8969; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138937", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.255", "label": "Chase Vehicle" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106925", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a chase vehicle and driver for the commission veterinarian's use during each live performance.(b) In addition to the driver, the association shall have at least one assistant starter accompany the commission veterinarian during each race.(c) The chase vehicle must be able to navigate on the racetrack during all weather conditions.(d) The chase vehicle must be large enough to provide:(1) interior seating for at least four people; and(2) room to store the portable screens used to shield a horse from public view.(e) The chase vehicle shall be equipped with a five-gallon water container, a sponge, and a scraper.", "sourceNote": "Source Note: The provisions of this §309.255 adopted to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106925", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.281", "label": "Jockeys" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227723", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide facilities for jockeys scheduled to ride in a race.(b) The facilities must be equipped with:(1) showers, toilets, and sinks;(2) locked storage areas;(3) a snack bar;(4) equipment appropriate for the rest and recreation of the jockeys; and(5) other reasonable accommodations requested by the executive secretary.(c) The association shall provide equivalent facilities for men and women jockeys.", "sourceNote": "Source Note: The provisions of this §309.281 adopted to be effective October 21, 1999, 24 TexReg 8970; amended to be effective January 8, 2004, 29 TexReg 373." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227723", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.282", "label": "Living Quarters for Licensees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67676", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an association permits licensees to reside on association grounds, the association shall provide living quarters for the licensees.(b) The living quarters must be in a permanent structure and be adequate to house the anticipated number of licensees who will be living on association grounds. The association must provide equivalent facilities for men and women licensees.(c) The living quarters must be in compliance with the Texas State Fire Marshall's Office (SFMO) codes using the appropriate National Fire Protection Association (NFPA) standards and equipped with:(1) windows that open;(2) heating;(3) hot and cold water; and(4) showers, toilets, and sinks.(d) An association may not permit an individual to sleep in the stable areas, including tack room areas, if the occupancy creates a violation of the NFPA standards, specifically NFPA 150 covering \"Horse Barns.\"", "sourceNote": "Source Note: The provisions of this §309.282 adopted to\r\nbe effective October 21, 1999, 24 TexReg 8970; amended to be effective\r\nMarch 11, 2026, 51 TexReg 1381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67676", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.291", "label": "Racing Hours" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67677", "queryAsDate": "03/11/2026" }, "ruleBody": "Except on approval of the executive secretary, an association may conduct horse racing only between the hours of 8 a.m. and 12 midnight.", "sourceNote": "Source Note: The provisions of this §309.291 adopted to be effective October 21, 1999, 24 TexReg 8970." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67677", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.292", "label": "Number of Races" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113605", "queryAsDate": "03/11/2026" }, "ruleBody": "Except on approval of the executive secretary, an association may not offer more than 12 races per performance.", "sourceNote": "Source Note: The provisions of this §309.292 adopted to be effective October 21, 1999, 24 TexReg 8970." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113605", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.293", "label": "Saddle Cloth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a saddle cloth and head number to each horse scheduled in a race except in a thoroughbred race where the head number may optionally be provided. The saddle cloth must have a number printed on the side that is large enough to be read clearly from the stewards' stand and the photofinish tower.(b) The association may provide to each jockey racing colors and shall provide a sleeve number or helmet number.", "sourceNote": "Source Note: The provisions of this §309.293 adopted to be effective October 21, 1999, 24 TexReg 8970; amended to be effective July 11, 2004, 29 TexReg 6642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138938", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.294", "label": "Starting Crew" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106926", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide a starting crew for each race to assist in handling the horses in the starting gates. The association shall provide:(1) one assistant starter for each Quarter Horse, Paint Horse, or Appaloosa to start in a race; and(2) a sufficient number of assistant starters for the number of Thoroughbred or Arabian horses to start in a race.", "sourceNote": "Source Note: The provisions of this §309.294 adopted to be effective October 21, 1999, 24 TexReg 8970; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106926", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.295", "label": "Condition Book" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138939", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall deliver to the Commission, for executive secretary approval, a copy of the first condition book for a race meeting at least 30 days before the first day of the race meeting. Before publication, the association shall deliver to the Commission a copy of each subsequent condition book published by the association, for executive secretary approval. The executive secretary shall return within a reasonable time the condition book to the association with notice of approval or specific delineation of the changes required to obtain approval.", "sourceNote": "Source Note: The provisions of this §309.295 adopted to be effective October 21, 1999, 24 TexReg 8970; amended to be effective January 8, 2004, 29 TexReg 373." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138939", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.296", "label": "Official Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176682", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each race day, an association shall prepare an official program. The official program must contain the order of the races on that day and:(1) for each race:(A) the names of the horses in the race and their program number;(B) the conditions of the race;(C) the distance of the race;(D) the probable odds on each horse;(E) the value of the race;(F) the claiming prices, if applicable; and(G) the types of wagers to be offered for that race; and(2) for each horse listed in the program:(A) the post position;(B) the age, color, sex, and breeding;(C) the jockey, trainer, owner or stable name, and racing colors;(D) the weight carried; and(E) if the horse is eligible for participation in the Texas Bred Incentive Program, the name or logo of the appropriate official breed registry;(F) if the horse is a leased animal, the names of the lessee and lessor must appear on the program; and(G) the city and state of the owner or the designated representative.(b) The official program must contain the names of the officials serving on that day, the names of the association's management personnel, and any other information required by the executive secretary.(c) Except as otherwise provided by this subsection, for each horse that is racing with furosemide the official program shall indicate that fact by including the symbol \"L\" after the horse's name. For each horse that is racing with furosemide for the first time or for each horse racing with furosemide that last raced without furosemide, the official program shall indicate that fact by including the symbol \"L1\" after the horse's name. For each horse that is racing without furosemide for the first time after having been admitted to the furosemide program in this state and for each horse that is racing without furosemide in this state whose most recent start was with furosemide in another racing jurisdiction, the official program shall indicate that fact by including the symbol \"Lx\" after the horse's name.", "sourceNote": "Source Note: The provisions of this §309.296 adopted to be effective October 21, 1999, 24 TexReg 8970; amended to be effective November 1, 2001, 26 TexReg 8511; amended to be effective January 8, 2004, 29 TexReg 374; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176682", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.297", "label": "Purse Accounts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106929", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All money required to be set aside for purses, whether from wagering on live races or on simulcast wagering, are trust funds held by an association as custodial trustee for the benefit of horsemen. No more than three business days after the end of each week's wagering, the association shall deposit the amount set aside for purses into purse accounts maintained as trust accounts for the benefit of horsemen by breed by the horsemen's organization in one or more federally or privately insured depositories.(b) Purse money for a completed race shall be made available to the horsemen's bookkeeper on or before the third day after the week's races have run. The horsemen's bookkeeper shall distribute purse money for a race to the accounts of the persons entitled to the money immediately after the executive secretary advises the horsemen's bookkeeper that the race has been cleared for payment.(c) If an association fails to run live races during any calendar year, all money in the respective breed's purse account may, at the discretion of the horsemen's organization be distributed as follows:(1) first, payment of earned but unpaid purses; and(2) second, subject to the approval of the horsemen's organization, transfer after the above mentioned calendar year period of the balance in the respective breed's purse account to the respective breed's purse account for one or more other associations.(d) If an association ceases a live race meet before completion of the live race dates granted by the Commission, the funds in and due the respective breed's purse account shall be distributed as follows:(1) first, payment of earned but unpaid purses;(2) second, retroactive pro rata payments to the horsemen if provided by contract with the horsemen's organization; and(3) third, subject to the approval of the horsemen's organization, transfer within 120 days after cessation of live racing of the balance in the respective breed's purse account to the respective breed's purse account for one or more other associations.(e) The Commission may at any time inspect, review, or audit the records and performance of the association, the horsemen's organization, or the horsemen's bookkeeper to determine compliance with this section.(f) No part of any funds allocated to any race or races from the purse fund shall be subject to any surcharge, promotion fee, advertising fee, or expense by the association for any reason whatsoever.", "sourceNote": "Source Note: The provisions of this §309.297 adopted to be effective October 21, 1999, 24 TexReg 8970; amended to be effective January 8, 2004, 29 TexReg 374; amended to be effective July 11, 2004, 29 TexReg 6642; amended to be effective September 28, 2014, 39 TexReg 7574; amended to be effective March 13, 2016, 41 TexReg 1684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106929", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.298", "label": "Stakes and Other Prepayment Races" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176683", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall file with the Commission, for executive secretary approval, a copy of the race conditions and the nomination blank for all stakes or other prepayment races before distributing the conditions to the public.(b) The nomination blank must state all conditions of the race, including:(1) the payment schedule;(2) the dates and conditions for the race and any trials;(3) the source and amount of any added money;(4) the distribution of all funds paid into the race, including the percentages allocated for advertising, administration, and other expenses, provided that no such expenses may be made or incurred by an association;(5) terms for obtaining refunds, if any; and(6) all other conditions pertaining to the race.(c) The association shall maintain one account in an F.D.I.C. secured financial institution, for which only funds received for stakes and other prepayment races may be deposited, except as otherwise authorized by these rules. The account must require, for all withdrawals, the signatures of two officers of the association.(d) The association shall designate an official as the stakes nomination secretary who shall be responsible for the collection and deposit of all stakes, nomination, futurity and derby payments, preparation of the list of horses and their owners nominated for stakes, nomination, futurity and derby races and serving as the point of contact for the Commission staff for questions or information regarding stakes and other prepayment races. The association shall include the name of the person designated as the stakes nomination secretary in the list of officials prepared pursuant to §313.4 of this title (relating to Approval of Officials). The association shall include the person designated as the stakes nomination secretary in an insurance policy or fidelity bond covering employee dishonesty.(e) Not later than five days after the date nominations close, the association shall provide to the Commission a list of all horses nominated for the race. Not later than five days after each payment date, the association shall prepare a list of the horses remaining eligible for the race, including the names of all owners of each horse. If necessary, the association shall prepare an amended list. The association shall provide a copy of each list to the stewards and post a copy of the list in the racing office. The association shall maintain appropriate documentation to prove the eligibility of each nomination.(f) Not later than five business days after receiving a request by the executive secretary, the association shall provide a written report regarding the activity and status of the escrow account in which the race funds are maintained. The report must include the name of the financial institution in which the account is held, the dates and amounts of deposits into the account by each nominator or sponsor, the dates and amounts of all withdrawals or deductions from the account, and for what purpose each withdrawal or deduction was made.(g) Not later than five business days after a race subject to this section is conducted, the association shall provide to the executive secretary the final report for the distribution of the purse for stakes and other prepayment races.", "sourceNote": "Source Note: The provisions of this §309.298 adopted to be effective October 21, 1999, 24 TexReg 8970; amended to be effective July 22, 2002, 27 TexReg 6294; amended to be effective January 8, 2004, 29 TexReg 375." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176683", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "C", "label": "HORSE RACETRACKS" }, "rule": { "number": "§309.299", "label": "Horsemen's Representative" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67681", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Findings. The Commission finds a need for horse owners and trainers to negotiate and covenant with associations as to the conditions of live race meetings, the distribution of purses not governed by statute, simulcast transmission and reception, and other matters relating to the welfare of the owners and trainers participating in live racing at an association. To ensure the uninterrupted, orderly conduct of racing in this state, the Commission shall recognize one organization to represent horse owners and trainers on matters relating to the conduct of live racing and simulcasting at Texas racetracks.(b) Recognition Process.(1) To request Commission recognition as a horsemen's representative organization, the organization must file a written request for recognition on a form prescribed by the executive secretary. The executive secretary shall establish a deadline for filing a request under this paragraph and publish that deadline in the Texas Register at least 20 days before the deadline.(2) To be eligible for recognition as a horsemen's representative organization, each officer and director of the organization during the term of the recognition must be licensed by the Commission as an owner or trainer.(3) If only one organization requests recognition, the executive secretary shall issue a letter of recognition to the organization, subject to the approval of the Commission. If more than one organization requests recognition, the Commission shall recognize the organization that is best qualified to represent the horse owners and trainers for the various breeds participating in racing at all the racetracks in this state. The executive secretary may require each organization requesting recognition to supply additional information regarding its structure, membership, and programs. The Commission shall consider the following when determining which organization to recognize under this section:(A) the experience and qualifications of the directors, executive officers, and other management personnel of the organization;(B) the organization's benevolence programs for its membership and others participating in racing in this state; and(C) the degree to which the organization's membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state.(4) Recognition given under this section is valid for two years.(c) Authority and Responsibilities.(1) An organization recognized under this section shall negotiate with each association regarding the association's live racing program, including but not limited to the allocation of purse money to various live races, the exporting of simulcast signals, and the importing of simulcast signals during live race meetings.(2) An organization recognized under this section may inspect and audit an association's horsemen's purse accounts.(3) An organization recognized under this section shall provide to the Commission on request a copy of the organization's most recent financial statements, minutes of board meetings, literature provided to its members, and any other records or information relating to the functions of the organization at Texas racetracks.(4) An organization recognized under this section may not counsel or encourage its members to strike, embargo, boycott or employ similar tactics in dealing with an association.(5) Not later than June 15 of each year, an organization recognized under this section shall submit to the Commission audited financial statements regarding its operations. The executive secretary may prescribe the form for the financial statements.(6) The Commission may require or conduct an audit of the records of an organization recognized under this section to ensure the organization is complying with applicable law.", "sourceNote": "Source Note: The provisions of this §309.299 adopted to be effective October 21, 1999, 24 TexReg 8970; amended to be effective January 7, 2001, 26 TexReg 192; amended to be effective September 28, 2014, 39 TexReg 7574; amended to be effective March 13, 2016, 41 TexReg 1684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67681", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.301", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67682", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter applies to greyhound racetracks and to associations licensed by the Commission to operate a greyhound racetrack.", "sourceNote": "Source Note: The provisions of this §309.301 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67682", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.302", "label": "Track Specifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67683", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A greyhound racetrack must be an oval track with a minimum width of 22 feet from the inside curb to the outside curb.(b) On the first turn, the radius from the center of the oval to the inside rail of the track must be 128 feet. On the second turn, the radius from the center of the oval to the inside rail of the track must be 118 feet. Each straightaway must be 285 feet long.(c) The banking of the track must be approved by the executive secretary.", "sourceNote": "Source Note: The provisions of this §309.302 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67683", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.303", "label": "Track Surface" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67680", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The track must consist of a clay base with a surface of a nonabrasive sand with low elasticity or of a comparable material.(b) An association shall maintain the track surface and the banking in a uniform condition to foster the safety of the greyhounds.(c) The surface must be approved by the executive secretary before the first race of each race meeting and is subject to periodic inspections and verification by the Commission. The executive secretary may require periodic reporting by an association regarding the track surface and may require the reports to contain any information considered by the executive secretary to be essential to evaluating the current status of the track surface.", "sourceNote": "Source Note: The provisions of this §309.303 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67680", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.304", "label": "Watering Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a watering system approved by the executive secretary to water the track surface uniformly.(b) If an association uses a water tank vehicle with a boom, the track must be sufficiently wide to allow the vehicle to travel along the outside edge of the track without disturbing the portion of the track on which the greyhounds run.", "sourceNote": "Source Note: The provisions of this §309.304 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138941", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.305", "label": "Starting Boxes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67685", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide and maintain at least two starting boxes approved by the executive secretary. Each starting box must be equipped with an automatic opener with a manual back-up.(b) The association shall periodically inspect each starting box to ensure its safe and effective operation.(c) An association shall ensure that the starting box located at the five-sixteenths start is set back in the chute.", "sourceNote": "Source Note: The provisions of this §309.305 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67685", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.306", "label": "Escapes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143868", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide on the racetrack two curtains located at least 50 feet on either side of each escape. The curtains must not interfere with the greyhounds during the course of a race.", "sourceNote": "Source Note: The provisions of this §309.306 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143868", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.307", "label": "Lures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67687", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide an inside dual equipped lure with an extendable arm and an audible squawker at the escape.", "sourceNote": "Source Note: The provisions of this §309.307 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective January 5, 2010, 35 TexReg 92." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67687", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.308", "label": "Video Monitoring System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138942", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to other video requirements in the rules of the Commission, an association shall provide a video monitoring system approved by the executive secretary that permits the racing judges to view the activities in the lockout kennel, the movement of the leadouts and greyhounds from the lockout kennel to the starting boxes, and the activities at the starting boxes.", "sourceNote": "Source Note: The provisions of this §309.308 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.309", "label": "Lockout Kennel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67689", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide a lockout kennel that:(1) is soundproof, to prevent noise from disturbing the greyhounds that are waiting to race;(2) is air-conditioned sufficiently to maintain a temperature between 68 and 75 degrees Fahrenheit; and(3) has sealed or ceramic floors and walls to permit proper cleaning and disinfection.(b) Each crate located in the lockout kennel must:(1) be constructed of a smooth, hard material, such as stainless steel or tile;(2) be at least three feet wide, four feet deep, and four feet high;(3) be constructed so that the crate floor is not in direct contact with the concrete surface;(4) be located on the floor level to prevent greyhounds from sustaining jumping injuries; and(5) have a drop latch on the door.(c) An association shall provide a comfortable room near the lockout kennel in which a kennel owner or trainer may view the race. The association shall also provide kennel owners and trainers a method, as approved by the executive secretary, for monitoring the interior of the lockout kennel and the back of the starting box and view the interior of the lockout kennel.(d) An association shall provide an area adjacent to the lockout kennel in which a greyhound can wait to weigh-in and cool down following a race or wait for schooling races. The area must:(1) be large enough to comfortably accommodate 100 greyhounds and the leadouts and trainers;(2) be adequately shaded and fenced to shield the greyhounds' view of the racetrack;(3) have eight water faucets with hoses;(4) have a disinfected dipping vat, approved by the Commission veterinarian, through which a greyhound may be walked to assist in cooling down following a race; and(5) have adequate drainage.", "sourceNote": "Source Note: The provisions of this §309.309 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective June 1, 2000, 25 TexReg 4736; amended to be effective January 8, 2004, 29 TexReg 375; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67689", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.310", "label": "Walkway" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138943", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide a properly lighted covered walkway with four feet of turf or a comparable material on each side of the walkway from the kennel compound to the lockout area.", "sourceNote": "Source Note: The provisions of this §309.310 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138943", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.311", "label": "Kennel Compound" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138944", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide in the kennel compound area:(1) not more than 18 separate kennel buildings for the kennel owners under contract with the association; and(2) if the association has contracted with kennel owners to fill all of the kennel buildings, a separate kennel building for greyhounds that will be participating in stake races, designed to accommodate several trainers and their greyhounds.(b) Each kennel building must be located at least 100 yards from the public area of the enclosure and at least 150 yards from the nearest racetrack surface.(c) The kennel buildings must be spaced at least 100 feet apart to ensure proper air circulation and to minimize fire hazards.(d) The association shall provide at its expense a continuous security system for the kennel compound area approved by the executive secretary. The security system must include floodlights to adequately illuminate the kennel compound at night.", "sourceNote": "Source Note: The provisions of this §309.311 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138944", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.312", "label": "Turnout Pens" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "94347", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each kennel building must have at least three turnout pens. Each pen must:(1) be free of any obstructions;(2) measure at least 20 feet by 40 feet;(3) have gates that connect to the other pens;(4) have at least a 15 foot overhang from the building;(5) have at least two halogen lights of 300 watts each located at each end;(6) be surrounded by a fence at least six feet high, of which the lower 32 inches is constructed of cinder block or a comparable material and the remaining portion is constructed of chain link;(7) have a gate adequate to accommodate a vehicle to remove the sand and deposit new sand;(8) have adequate water faucets;(9) have an adequate drainage system; and(10) have sand or a comparable material of a depth adequate to be maintained in a sanitary state.(b) The sand and drainage system are subject to periodic inspection by the commission veterinarian.", "sourceNote": "Source Note: The provisions of this §309.312 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=94347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "94347", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.313", "label": "Kennel Buildings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each kennel building must measure at least 20 feet by 70 feet on the inside of the building. The building must be partitioned into a kitchen area of at least 17 feet by 20 feet and a crate area of at least 20 feet by 53 feet.(b) An association shall ensure that the kennel buildings are kept clean and in good repair. Each kennel building must be well-ventilated and constructed to be comfortable in all seasons.(c) The executive secretary shall approve the maximum number of crates for each kennel building. The executive secretary may permit a change in the number of crates upon a showing that the change will have no impact on the health and safety of the individuals and greyhounds in the building. Each crate must:(1) have a drop latch or a comparable latch;(2) be constructed of stainless steel or a comparable material and on casters; and(3) measure at least three feet wide, four feet deep, and three feet high.(d) The kitchen area must be equipped with at least a 30-gallon hot water heater, a deep double sink with drainboard, an elevated tub with a waterproof splash board, a restroom with a shower, and adequate shelving and cabinet space.(e) Each kennel building must have at least two floor drains in the crate area and at least one floor drain in the kitchen area.(f) Each kennel building must be equipped with:(1) a temperature, smoke, and fire alarm system equipped with a sprinkling system and an alarm to the association security and city or county fire department;(2) adequate lighting inside the building;(3) at least four horizontal windows that each measure one foot by four feet;(4) adequate emergency power to protect greyhounds during power failures or hurricanes; and(5) adequate climate control equipment that is monitored by the kennel owner or trainer.(g) An association may not permit more than one greyhound to be housed in a crate.", "sourceNote": "Source Note: The provisions of this §309.313 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective June 1, 2002, 27 TexReg 4570." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138945", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.314", "label": "Sprint Path" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67694", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide, for every three occupied kennel buildings, a sprint path located adjacent to the kennel compound area. The sprint path must:(1) be at least 30 feet wide and 400 feet long;(2) be divided down the middle by a chain link fence;(3) have at least one gate on each end for entering or exiting with greyhounds;(4) have a driveway along the side;(5) have a base and surface comparable to the racetrack surface;(6) have a highly visible material at both ends; and(7) be maintained by the association at all times.", "sourceNote": "Source Note: The provisions of this §309.314 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67694", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.315", "label": "Test Area" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67695", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide and maintain a test area in the location approved by the executive secretary for the purpose of obtaining for analysis specimens of greyhound body fluids and eliminations as required by Chapter 319 of this title (relating to Veterinary Practices and Drug Testing).", "sourceNote": "Source Note: The provisions of this §309.315 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67695", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.316", "label": "Emergency Care Facility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138940", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide a veterinary facility to provide emergency care to injured or stressed animals. The association shall equip and maintain the facility with the equipment and materials approved by the Commission veterinarian.", "sourceNote": "Source Note: The provisions of this §309.316 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138940", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.317", "label": "Facilities and Equipment Maintenance Personnel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "97288", "queryAsDate": "03/11/2026" }, "ruleBody": "When the track is being used for racing or schooling, the association shall have at least one person present on association grounds who is skilled and qualified to maintain the starting boxes, the racing surface, and all track equipment.", "sourceNote": "Source Note: The provisions of this §309.317 adopted to be effective December 7, 2008, 33 TexReg 10003." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "97288", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.351", "label": "Kennel Contracts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67697", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In contracting with a kennel owner, an association shall use a contract approved by the executive secretary. In approving the contracts, the executive secretary shall consider the degree to which the contract complies with applicable law, ensures the continuity of high quality racing, preserves property owned by the kennel owners and the association, and ensures the ability of the kennel owner and the association to have a profitable relationship through the contract. After receiving approval, an association shall deliver a copy of the approved contract form to the Texas Greyhound Association.(b) An association shall file a copy of each executed kennel contract with the Commission. An association conducting year-round racing shall file the contracts on or before January 31 of each year. An association conducting seasonal racing shall file the contracts on or before the 30th day before the first day of the race meet.(c) An association shall deliver a copy of the kennel contract to each party to the contract.(d) A kennel contract may not authorize a deduction from the purse payable to the greyhound owner except a deduction that is directly related to the owner's privileges and responsibilities as a greyhound owner.(e) An association may not contract with a kennel owner if the kennel owner or a person related to the kennel owner within the first degree of affinity or consanguinity owns an interest in the association.", "sourceNote": "Source Note: The provisions of this §309.351 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective June 1, 2002, 27 TexReg 4570; amended to be effective November 6, 2002, 27 TexReg 10378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67697", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.352", "label": "Texas Preference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67698", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In contracting with kennel owners for kennel contracts, an association shall ensure that at least 50 percent of the kennels with whom the association contracts are wholly owned by Texas residents.(b) In this section, \"Texas resident\" means an individual who has resided in Texas for the five-year period preceding the date the kennel contract is signed.", "sourceNote": "Source Note: The provisions of this §309.352 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67698", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.353", "label": "Dismissal of Kennel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67699", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may dismiss a kennel only:(1) on revocation by the Commission of the kennel owner's license;(2) for repeated violations of the Act or a Rule; or(3) for poor performance, as provided by subsection (b) of this section.(b) A contract between an association and a kennel owner must provide a uniform dismissal clause. The clause must state the following:(1) if a kennel has been continuously booked at the association for more than two years, the association shall dismiss a kennel if the kennel's win record is in the bottom four positions at the end of a race meeting for two of the past three years and the association may not rebook the kennel for a period of five years;(2) the association may place a kennel on probation by written notice if the kennel's win record is in the lowest three positions during each of the three preceding months;(3) an association may place a kennel on probation by written notice if the kennel is in breach of the kennel contract in a manner that materially affects the rights or privileges of the association; and(4) an association may dismiss a kennel on probation if during the three-month period following the beginning of probation, the kennel fails to cure the breach or fails to place higher than at least three other kennels.(c) A kennel owner may apply to the Commission for an exemption from the operation of the uniform dismissal clause. The kennel owner must demonstrate to the Commission that the kennel's failure to perform as required by the contract was due to a force majeure.(d) For the five-year period after a kennel is dismissed pursuant to this section, an association may not book another kennel that is owned substantially by the same owners as the dismissed kennel. For purposes of this subsection, \"substantially\" means more than a 50% ownership interest in the kennel.", "sourceNote": "Source Note: The provisions of this §309.353 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67699", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.354", "label": "Stakes Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167851", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall release a greyhound to participate in stake races. On completion of the stake races, the greyhound must return to the association grounds.", "sourceNote": "Source Note: The provisions of this §309.354 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167851", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.355", "label": "Grading System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67701", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The racing secretary for an association shall grade the greyhounds for the races in accordance with this section.(b) Before the first day of a race meeting, the racing secretary shall classify the greyhounds and assign an appropriate grade. In assigning the grades, the secretary shall consider the greyhound's past performances.(c) The racing secretary shall use seven grades of AA, A, B, C, J, D, and M. Grade M is for maidens of any age and Grade J is for winning maidens.(d) The racing secretary shall lower a greyhound to the next lower grade, including lowering a grade J to a grade D, if the greyhound:(1) fails to finish in the top three positions in three consecutive starts;(2) fails to earn better than one third place finish in four consecutive starts; or(3) fails, as a Grade J, to finish in the top four positions in four consecutive starts.(e) The racing secretary shall advance a greyhound that wins a race graded A, B, C, J, or D.(f) The racing secretary shall advance a greyhound that wins a maiden race to Grade J. The racing secretary shall advance a greyhound that wins a Grade J race to Grade C. On request by a kennel owner or trainer, the racing secretary may regrade a greyhound that finishes second, third, or fourth in a maiden or a Grade J race to Grade D or C. For a greyhound regraded on request under this subsection, an association shall place the letter \"M\" or \"J\" after the greyhound's name in the racing program.(g) A greyhound that fails to finish in the top four positions in four consecutive starts in Grade D may requalify and, at the discretion of the racing secretary, be returned to the active list. If a greyhound fails to finish in the top four positions in four consecutive starts for a second time in the same race meeting, at the discretion of the racing secretary, that greyhound may requalify again; however, when the greyhound returns to the active list, that greyhound has two consecutive starts to finish in the top four positions. If the greyhound fails to do so, then that greyhound shall be dropped from further racing during the current race meeting.(h) A greyhound that falls in a race is considered a starter in that race and shall comply with the conditions set forth in subsection (d) of this section, unless lowering the greyhound would require the greyhound to be dropped from further racing in that race meeting.(i) For a greyhound that transfers to the racetrack from another racetrack during a race meeting, the racing secretary shall assign a grade that is appropriate for the greyhound's ability considering the competition at the racetrack and at the racetrack from which the greyhound transfers.(j) The racing secretary may regrade a greyhound that has not raced for at least 30 days.(k) During a greyhound's first three starts, the racing secretary may regrade the greyhound only once and only to a next higher or lower grade level.(l) The racing secretary may schedule up to eight mixed grade races each week. The racing judges may approve additional mixed grade races each week if there will otherwise be an insufficient number of greyhounds on the active list to complete the scheduled performances. A mixed grade race must be designated by the letter \"T\" in the racing program.(m) A stake race must be designated by the letter \"S\" in the racing program.(n) An association may require a kennel owner to furnish a minimum of 15% of the active list of greyhounds for 660-yard or longer races. The association may reduce the active list and available starts until the kennel complies with the rule.(o) If a maiden fails to finish in the top four positions in six consecutive starts, the maiden may not race again at the race meeting until it requalifies. If the maiden fails to finish in the top four positions in the two starts after requalifying, the maiden may not race again at the race meeting.", "sourceNote": "Source Note: The provisions of this §309.355 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective April 1, 2001, 26 TexReg 2154; amended to be effective January 8, 2004, 29 TexReg 375; amended to be effective May 6, 2004, 29 TexReg 4148; amended to be effective January 5, 2010, 35 TexReg 93; amended to be effective September 19, 2013, 38 TexReg 6202; amended to be effective July 7, 2014, 39 TexReg 5148." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67701", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.356", "label": "Draw and Post Position Assignment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67702", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall draw the entries and assign post positions at random.(b) An association shall adequately post the date and time for drawing entries and assigning post positions to permit the kennel owners or trainers to attend.(c) An association may not draw the entries and assign post positions unless a kennel owner or trainer and a racing judge are present.(d) Immediately after drawing the entries for a performance, the association shall publish a list of the greyhounds not drawn. The association shall post the list in a place available for viewing by kennel owners and trainers. In drawing the entries for the next performance, the association shall give priority to the greyhounds on the list. The association shall maintain on the list a balance of greyhounds in different grades.", "sourceNote": "Source Note: The provisions of this §309.356 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67702", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.357", "label": "Schooling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67703", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall use standard schooling procedures.(b) An association shall provide:(1) unlimited unofficial schooling at least two mornings per week; and(2) unlimited official schooling at least two nights per week.(c) The association may not conduct an official schooling race unless at least two racing judges are present at least 30 minutes before the start of the race and during the race.", "sourceNote": "Source Note: The provisions of this §309.357 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67703", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.358", "label": "Racing Restricted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162044", "queryAsDate": "03/11/2026" }, "ruleBody": "An association may not permit a greyhound, other than a greyhound entered in a stake race, to race or be schooled on association grounds unless the greyhound is permanently housed on association grounds.", "sourceNote": "Source Note: The provisions of this §309.358 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162044", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.359", "label": "Use of Lures in Training or Racing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67705", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may not permit the use of a live or dead animal or fowl for training or racing purposes on association grounds. This subsection does not apply to the use of a training lure that is made from cured animal hides or pelts and is commercially available to the public.(b) An association may not permit a greyhound to be kenneled or to race on association grounds if the association knows or can reasonably be expected to know that the greyhound was trained in a state that by statute or rule does not prohibit the knowing use of live lures.(c) An association may not permit a greyhound to be kenneled or to race on association grounds if the association knows or can reasonably be expected to know that the greyhound has been banned from pari-mutuel racing by any racing jurisdiction.", "sourceNote": "Source Note: The provisions of this §309.359 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective May 30, 2013, 38 TexReg 3337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67705", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.360", "label": "Marathons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220224", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A race that is more than three-eighths of a mile long is considered a marathon.(b) An association may schedule a marathon race only when the kennel owners or trainers enter with the racing secretary a sufficient number of greyhounds that are capable of running the distance.", "sourceNote": "Source Note: The provisions of this §309.360 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220224", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.361", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67707", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Greyhound Purse Account(1) All money required to be set aside for purses, whether from wagering on live races or simulcast races, are trust funds.(2) The funds derived from a simulcast race for purses shall be distributed only with the approval of the Texas Racing Commission.(b) Kennel Account. An association shall maintain a separate bank account known as the \"kennel account\". The association shall maintain in the account at all times a sufficient amount to pay all money owed to kennel owners for purses, stakes, rewards, and deposits unless otherwise directed by the Commission.(c) If an association fails to run live races during any calendar year, all money in the greyhound purse account may be distributed as directed by the Texas Racing Commission.(d) If an association ceases a live race meet before completion of the live race dates granted by the commission, the funds in and due the greyhound purse account shall be distributed as directed by the Texas Racing Commission.(e) Administration of Accounts. An association shall employ a bookkeeper to maintain records of the greyhound purse account and the kennel account.", "sourceNote": "Source Note: The provisions of this §309.361 adopted to be effective June 1, 2000, 25 TexReg 4736; amended to be effective March 13, 2002, 27 TexReg 1730; amended to be effective September 28, 2014, 39 TexReg 7574; amended to be effective March 13, 2016, 41 TexReg 1684; amended to be effective August 19, 2024, 49 TexReg 6197." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67707", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.362", "label": "Number of Greyhounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143870", "queryAsDate": "03/11/2026" }, "ruleBody": "An association may not permit more than eight greyhounds to start in a race.", "sourceNote": "Source Note: The provisions of this §309.362 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143870", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.363", "label": "Official Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67709", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each race day, an association shall prepare and print an official program. The official program must contain the order of the races on that day, the distance and track record for each race, and the names of the greyhounds scheduled to run in each race, in order of their post positions. The post positions must be designated by numbers placed at the left and in line with the names of the greyhounds.(b) The official program must contain at least two past performances for each greyhound scheduled to race. The program must also contain, for each greyhound scheduled to race:(1) the name;(2) color;(3) sex;(4) date of whelping;(5) breeding;(6) established racing weight;(7) number of starts in official races;(8) number of times finishing first, second, and third;(9) name of owner and lessee, if applicable;(10) name of trainer; and(11) the Texas-bred emblem if the greyhound is an accredited Texas-bred; and(12) other information to enable the public to properly judge the greyhound's ability.(c) If the name of a greyhound is changed, the new name, together with the former name, shall be published in the official entries and program until after the greyhound has started six times under the new name.", "sourceNote": "Source Note: The provisions of this §309.363 adopted to be effective October 21, 1999, 24 TexReg 8971; amended to be effective January 5, 2010, 35 TexReg 93." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67709", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.364", "label": "Identification System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174104", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall maintain a card index system or identification for each greyhound racing for the association. An association may not permit a greyhound to be housed on association grounds unless the greyhound is identifiably tattooed in each ear.(b) Each bertillion card must be legible and thoroughly identifiable for each greyhound. The card must show:(1) the name of the kennel; and(2) the color, sex, tattoo identifications located in each ear, and characteristic markings, scars, and other identification features of the greyhound.(c) The paddock judge shall maintain the bertillion cards. For each greyhound removed from association grounds, the paddock judge shall maintain the bertillion card for the greyhound in an inactive file for the six-month period after the date of the greyhound's removal.", "sourceNote": "Source Note: The provisions of this §309.364 adopted to be effective October 21, 1999, 24 TexReg 8971." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174104", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "309", "label": "RACETRACK LICENSES AND OPERATIONS" }, "subchapter": { "number": "D", "label": "GREYHOUND RACETRACKS" }, "rule": { "number": "§309.365", "label": "Breakage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199583", "queryAsDate": "03/11/2026" }, "ruleBody": "A greyhound racing association shall pay fifty percent of the breakage from a live pari-mutuel pool or a simulcast pari-mutuel pool to the Texas Greyhound Association in accordance with §6.09 of the Act and §303.102(c) of this title (relating to Greyhound Rules). A greyhound racing association shall retain the remaining fifty percent of the breakage from a live pari-mutuel pool or a simulcast pari-mutuel pool.", "sourceNote": "Source Note: The provisions of this §309.365 adopted to be effective October 19, 2015, 40 TexReg 7219." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199583", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "A", "label": "LICENSING PROVISIONS" }, "rule": { "number": "§311.1", "label": "Occupational Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217133", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) License Required.(1) A person other than a patron may not participate in racing at which pari-mutuel wagering is conducted unless the person has a valid license issued by the Commission.(2) A licensee may not employ a person to work at a racetrack at which pari-mutuel wagering is conducted unless the person has a valid license issued by the Commission.(3) An association may not employ a person who works in an occupation that affords the employee an opportunity to influence racing with pari-mutuel wagering, or who will likely have significant access to the backside or restricted areas of a racetrack, unless the person has a valid license issued by the Commission.(b) Duration of License.(1) Except as provided in paragraph (2) of this subsection, an occupational license expires one year after the last day of the month in which the license was issued.(2) An applicant for the following occupational license types may choose to have a multi-year license which expires on the last day of the month two years or three years after the month in which the license was issued; kennel owner, kennel owner/owner, kennel owner/owner/trainer, kennel owner/trainer, owner, owner/trainer, trainer, veterinarian, jockey, or multiple owner/stable/farm registration license.(c) License Conditions.(1) Except as otherwise provided by this section, a license issued by the Commission is a privilege, not a right, and is conditioned on the licensee's compliance with the Act and the Rules.(2) If the Act or a rule is amended, the continued holding of a license is conditioned on the licensee's compliance with the Act or rule as amended.(d) Effect of Acceptance. By accepting a license issued by the Commission, a person consents to:(1) a search by the Commission of the person and the person's possessions at a racetrack to check for violations of the Act or the Rules;(2) seizure of contraband; and(3) testing for alcohol and controlled substances in accordance with subchapter D of this chapter.", "sourceNote": "Source Note: The provisions of this §311.1 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 376; amended to be effective March 20, 2008, 33 TexReg 2307; amended to be effective January 10, 2013, 38 TexReg 244; amended to be effective November 2, 2015, 40 TexReg 7668; amended to be effective June 10, 2020 45 TexReg 3771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217133", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "A", "label": "LICENSING PROVISIONS" }, "rule": { "number": "§311.2", "label": "Application Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160211", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements. To request a license from the Commission, a person must apply to the Commission on forms prescribed by the executive director.(b) Application Submission.(1) Except as provided in paragraphs (2) and (3) of this subsection, an applicant for an occupational license must file the appropriate application form and related documents at the licensing office at a licensed racetrack or through an online process established by the executive director. All applications must be submitted to the agency before the applicant engages in an activity that requires an occupational license under 16 TAC §311.1.(2) Examinations. The Commission may require the applicant for an occupational license to demonstrate the applicant's knowledge, qualifications, and proficiency for the license applied for by an examination prescribed by the Commission.(c) Issuance of License.(1) The executive director may review any application to determine eligibility for an occupational license and deny a license based on eligibility factors set forth in the enabling statute or if the executive director or designee determines:(A) grounds for denial of the license exist under §311.6 of this title (relating to Denial, Suspension, and Revocation of Licenses); or(B) if the applicant or a member of the applicant's family or household currently holds a Commission license, after considering the nature of the licenses sought or held by the applicant, issuing a license to the applicant would create a conflict of interest that might affect the integrity of pari-mutuel racing.(2) An occupational licensee may not act in any capacity other than that for which he or she is licensed.(3) The executive director or designee may issue a license subject to the applicant satisfying one or more conditions which reasonably relate to the applicant's qualifications or fitness to perform the duties of the license sought.(d) License Badge.(1) The Commission shall issue a certificate identification card in the form of a license badge to each individual licensed under this subchapter.(2) The badge must bear the seal of the Commission.(3) The badge must contain:(A) the licensee's full name;(B) the licensee's photograph;(C) the category of license;(D) the month and year in which the license expires;(E) a color code that designates whether the licensee has access to the stable or kennel area; and(F) the license number assigned by the Commission.(4) If a badge issued under this section is lost or stolen, the licensee shall immediately notify the Commission and may apply for a duplicate badge with the same terms as the original badge. To apply for a duplicate badge, the licensee must:(A) file a sworn affidavit stating that the badge was lost, stolen, or destroyed;(B) surrender any remaining portion of the badge; and(C) pay a duplicate badge fee in an amount set by the Commission.(e) License provisions for military service members, military spouses, and military veterans.(1) The terms \"military service member,\" \"military spouse,\" and \"military veteran\" shall have the same meaning as those terms are defined in Texas Occupations Code, Chapter 55.(2) Credit for Military Service. Military service members and military veterans will receive credit toward any experience requirements for a license as appropriate for the particular license type and the specific experience of the military service member or veteran.(3) Credit for holding a current license issued by another jurisdiction. Military service members, military spouses, and military veterans who hold a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the license in this state will receive credit toward any experience requirements for a license as appropriate for the particular license type.(4) Supporting documentation must be submitted with the license application.(5) The executive director may waive any prerequisite to obtaining a license for an applicant who is a military service member, military veteran, or military spouse, after reviewing the applicant's credentials.(6) Expedited license procedure. As soon as practicable after a military service member, military veteran, or military spouse files an application for a license, the commission will process the application and issue the license to an applicant who qualifies under this section.(7) License application and examination fees will be waived for the initial application of an applicant who qualifies under this subsection.(8) Military spouse acting under out-of-state license. A military spouse who holds a racing license issued by another jurisdiction and who wishes to participate in racing in Texas under that license shall submit to the Commission the information required by Section 55.0041 of the Texas Occupations Code. Upon receipt of such information, the Commission shall determine whether the requirements of Section 55.0041 are satisfied and notify the military spouse that the person is authorized to act under that section if it confirms, through communication with the other jurisdiction or through other means, that:(A) the jurisdiction that issued the license on which the military spouse is relying to act in Texas has substantially equivalent license requirements; and(B) the military spouse is licensed in good standing in the other jurisdiction.", "sourceNote": "Source Note: The provisions of this §311.2 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 376; amended to be effective October 25, 2004, 29 TexReg 9847; amended to be effective January 10, 2013, 38 TexReg 244; amended to be effective July 7, 2014, 39 TexReg 5149; amended to be effective May 8, 2016, 41 TexReg 3304; amended to be effective February 12, 2020, 45 TexReg 892; amended to be effective March 27, 2024, 49 TexReg 1910." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160211", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "A", "label": "LICENSING PROVISIONS" }, "rule": { "number": "§311.3", "label": "Information for Background Investigation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223831", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fingerprint Requirements and Procedure.(1) Except as otherwise provided by this section, an applicant for a license or license renewal must submit with the application documents a set of the applicant's fingerprints in a form prescribed by the Department of Public Safety. If the applicant is not an individual, the applicant must submit a set of fingerprints on the above-referenced forms for each individual who:(A) serves as a director, officer, or partner of the applicant;(B) holds a beneficial ownership interest in the applicant of 5.0% or more; or(C) owns any interest in the applicant, if requested by the Department of Public Safety.(2) The fingerprints must be taken by a peace officer or a person authorized by the Commission.(3) Not later than 10 business days after the day the Commission receives the sets of fingerprints under this section, the Commission shall forward the fingerprints to the Department of Public Safety.(4) A person who desires to renew an occupational license must:(A) have submitted a set of fingerprints pursuant to this section within the three years prior to renewal;(B) provide a new set of fingerprints for classification by the Federal Bureau of Investigation; or(C) if the applicant's original fingerprints are classified and on file with the Department of Public Safety, the applicant must pay a processing fee to resubmit the original fingerprints in lieu of submitting another set of fingerprints under paragraph (5) of this subsection. The processing fee shall be equal to the amount necessary to reimburse the Department of Public Safety for obtaining criminal history records under subsection (b) of this section.(5) If an applicant for a license or license renewal is required to submit fingerprints under this section, the applicant must also submit a fingerprinting fee and a processing fee equal to the amounts necessary to reimburse the Commission and the Department of Public Safety for obtaining criminal history records under subsection (b) of this section.(b) Criminal History Record.(1) For each individual who submits fingerprints under subsection (a) of this section, the Commission shall obtain a criminal history record maintained by the Texas Department of Public Safety and the Federal Bureau of Investigation.(2) The Commission may obtain criminal history record information from any law enforcement agency.(3) Except as otherwise provided by this subsection, the criminal history record information received under this section from any law enforcement agency that requires the information to be kept confidential as a condition of release of the information is for the exclusive use of the Commission and its agents and is privileged and confidential. The information may not be released or otherwise disclosed to any person or agency except in a criminal proceeding, in a hearing conducted by the Commission, on court order, or with the consent of the applicant. Information that is in a form available to the public is not privileged or confidential under this subsection and is subject to public disclosure.", "sourceNote": "Source Note: The provisions of this §311.3 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective September 1, 2000, 25 TexReg 8402; amended to be effective July 1, 2003, 28 TexReg 4632; amended to be effective July 16, 2008, 33 TexReg 5523; amended to be effective December 1, 2008, 33 TexReg 8942; amended to be effective December 8, 2011, 36 TexReg 8371; amended to be effective May 6, 2012, 37 TexReg 3402; amended to be effective September 5, 2012, 37 TexReg 6912; amended to be effective January 10, 2013, 38 TexReg 244." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223831", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "A", "label": "LICENSING PROVISIONS" }, "rule": { "number": "§311.4", "label": "Occupational License Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192080", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Non-Transferable. Except as otherwise provided by this section, a license issued by the Executive Director is personal to the licensee and is not transferable.(b) Education. To be eligible to receive a license to participate in racing with pari-mutuel wagering, an individual who is under 18 years of age must present to the Commission proof that the individual:(1) has graduated from high school or received an equivalent degree; or(2) is currently enrolled in high school or equivalent classes.", "sourceNote": "Source Note: The provisions of this §311.4 adopted\r\nto be effective October 21, 1999, 24 TexReg 8973; amended to be effective\r\nFebruary 4, 2025, 50 TexReg 652." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192080", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "A", "label": "LICENSING PROVISIONS" }, "rule": { "number": "§311.5", "label": "License Categories and Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162045", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a license must submit with the application documents the license fee in the amount set by the Commission in subsection (d) of this section.(b) A license fee paid at a racetrack or at the Commission's headquarters must be paid by a money order, a certified check, a cashier's check, a credit card, or a personal check. The executive secretary may approve payment in cash at a racetrack if the association submits a plan that is approved by the executive secretary. The plan shall provide for the safety and security of the licensing office where the cash will be received and stored and licensing employees who will be responsible for handling and depositing the cash received. A license fee paid through the Texas OnLine portal may be paid by any method approved by the Texas OnLine Authority.(c) Association Employees. Association employees in the following occupations must hold valid licenses issued by the Commission to work on association grounds:(1) Adoption Program Personnel--A person employed by a greyhound association to work with an adoption program.(2) Announcer--A person employed to announce races.(3) Assistant Starter--A person employed to perform duties required by the Starter at the starting gate of a horse racetrack. (4) Association Management Staff--A person employed to manage a department and who has the authority to hire or fire other employees or whose recommendations as to hiring and firing decisions are given particular weight.(5) Association Officer/Director--A person employed as an officer of an association or who serves on an association's board of directors or management committee.(6) Association Staff (with Access to Backside or Secured Areas)--A person employed to provide various services on the backside or in areas of a racetrack that are required by the Commission to be secured. These services may include, but are not limited to, clerical, accounting, admissions, food service, housekeeping, and general maintenance. (7) Association Veterinarian--A person employed to provide veterinary services for greyhounds.(8) Law Enforcement--A person employed as a security officer who is commissioned as a Texas peace officer.(9) Lead Out--A person employed to lead greyhounds in the post parade to the starting box.(10) Maintenance--A person employed to work or maintain the racetrack.(11) Medical Staff--A person employed directly by the association to provide medical assistance.(12) Mutuel Clerk--A person employed to work at the betting windows.(13) Mutuel Other--A person employed in the mutuel department in a capacity other than mutuel clerk.(14) Racing Official--A person employed to act as an official under Chapter 313 of this Title (relating to Officials and Rules of Horse Racing) or Chapter 315 of this Title (relating to Officials and Rules for Greyhound Racing).(15) Security Officer--A person employed to provide security for the racetrack grounds.(16) Test Technician--A person employed to collect blood and urine samples and provide other services in the test barn or testing area.(17) Test Barn Escort--A person employed to lead horses from the finish line to the test barn for post race testing.(18) Valet--A person employed to assist jockeys with their tack and silks in the jockeys' rooms.(d) The fee for an occupational license is as follows:Attached Graphic", "sourceNote": "Source Note: The provisions of this §311.5 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective June 1, 2001, 26 TexReg 3624; amended to be effective May 10, 2004, 29 TexReg 4148; amended to be effective September 8, 2004, 29 TexReg 8510; amended to be effective August 1, 2009, 34 TexReg 4526; amended to be effective March 6, 2012, 37 TexReg 1508; amended to be effective January 10, 2013, 38 TexReg 244; amended to be effective July 11, 2013, 38 TexReg 4318; amended to be effective July 30, 2017, 42 TexReg 3637; amended to be effective September 4, 2018, 43 TexReg 5679." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162045", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "A", "label": "LICENSING PROVISIONS" }, "rule": { "number": "§311.6", "label": "Denial, Suspension and Revocation of Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106952", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability.(1) After notice and hearing in accordance with Chapter 307 of this title (relating to Proceedings before the Commission), the Commission, stewards, or racing judges may deny, suspend, or revoke a license issued by the Commission.(2) If the licensee is not an individual, the grounds for denial, suspension, or revocation of a license apply if a director, officer, or partner of the licensee or an individual who owns an interest in the licensee of 5.0% or more engages in the conduct for which a license may be denied, suspended, or revoked.(3) Unless specifically ordered otherwise, if the Commission, stewards, or racing judges suspend one occupational license held by an individual, all occupational licenses held by that individual are considered suspended for the term of the suspension.(b) Grounds for Denial, Suspension, and Revocation of Licenses(1) Violations or Convictions. A license may be denied, suspended, or revoked if it is determined that the licensee has:(A) violated or caused to be violated the Act or a Rule;(B) been convicted in a court of competent jurisdiction of violating the Act or a Rule;(C) been convicted of a felony;(D) been convicted of a crime of moral turpitude that is reasonably related to the licensee's fitness to hold a license in accordance with §303.202 of this title (relating to Guidelines);(E) aided, abetted, or conspired with another person to violate the Act or a Rule; or(F) had a license issued by another pari-mutuel racing jurisdiction revoked or is currently under suspension in another pari-mutuel racing jurisdiction after notice and an opportunity to be heard.(2) Failure to Disclose. A license may be denied, suspended, or revoked if it is determined that the licensee:(A) failed to provide information required in the license application;(B) provided false information in the license application;(C) failed to disclose an ownership interest in a horse or greyhound as required by the Rules; or(D) failed to fully disclose the true owners of all interests, beneficial or otherwise, in a proposed racetrack facility.(3) Domicile. A license may be denied, suspended, or revoked if it is determined that the licensee is domiciled with an individual for whom a license issued by the Commission was denied, suspended, or revoked during the preceding 12-month period.(4) Ejection. A license may be denied, suspended, or revoked if it is determined that the licensee has engaged in conduct for which the licensee may be ejected or excluded from a racetrack under the Rules.(5) Detrimental Practices. A license may be denied, suspended, or revoked if it is determined that the licensee is engaged in activities or practices that are detrimental to the best interests of the public, racing animals, or to the racing industry.", "sourceNote": "Source Note: The provisions of this §311.6 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 377; amended to be effective May 30, 2013, 38 TexReg 3337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106952", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "A", "label": "LICENSING PROVISIONS" }, "rule": { "number": "§311.7", "label": "Renewal of Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. To renew an occupational license issued under this chapter, a licensee must:(1) apply to the Commission on a form prescribed by the executive secretary; and(2) pay the appropriate license fee.(b) Terms of License. A license renewed under this subchapter has the same terms and is subject to the same conditions as the original license.", "sourceNote": "Source Note: The provisions of this §311.7 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 377." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91589", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "A", "label": "LICENSING PROVISIONS" }, "rule": { "number": "§311.8", "label": "Correction of Incorrect Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217134", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Government Code, Chapter 559, an individual about whom the Commission collects information is entitled to review that information in accordance with Government Code, Chapter 552.(b) If after reviewing the information the individual believes the Commission has collected incorrect information, the individual may file with the executive secretary a request to correct the information. The request must:(1) be in writing;(2) specify the information that is incorrect; and(3) provide reasonable proof of the corrected information.(c) If the executive secretary determines the Commission has collected incorrect information about the individual, the executive secretary shall correct the information.", "sourceNote": "Source Note: The provisions of this §311.8 adopted to be effective January 1, 2002, 26 TexReg 10532." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217134", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.101", "label": "Horse Owners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174106", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions.(1) The owner of a horse, as listed on the animal's registration paper, must obtain an owner's license from the Commission. Except as otherwise provided by §313.301(a)(2) of this title (relating to Officials and Rules of Horse Racing), a person may not be licensed as an owner if the person is not the owner of record of a properly registered horse that the person intends to race in Texas. A person who meets the qualifications for a trainer's or assistant trainer's license may also be licensed as an owner if the person intends to be the owner of record of a properly registered horse during the time of licensure. Except as otherwise provided by this subsection, the owner or designated trainer acting on behalf of the owner, must be licensed before making a request to enter a horse eligible under 16 TAC §313.103.(2) If the owner is not an individual, each individual who is a director, officer, or partner of the owner or who has an ownership interest in the horse of 5.0% or more must be licensed by the Commission.(3) If the owner is not an individual, the owner must provide to the Commission:(A) a sworn statement by the chief executive officer of the owner or by one of the partners of the owner that the officer or partner represents the owner and is responsible for the horse;(B) a statement that the owner is authorized by law to do business in Texas; and(C) a list of the names and addresses of all individuals having an ownership interest in the horse.(4) If the owner is not an individual, the ownership entity must:(A) designate a representative; or(B) file an authorized agent form with the Commission and pay the prescribed fee.(5) If the registered owner of a horse is a minor, a financial responsibility form approved by the executive director must be signed by the parent or guardian of the owner assuming financial responsibility for the debts incurred for the training and racing of the horse.(b) Stable Names.(1) An owner that wants to participate in racing using a stable name must register with the Commission by filing an application on a form prescribed by the executive director and paying the prescribed fee. A person may not use the real name of an owner of a race animal as a stable name. A stable name which has already been registered with the Commission may not be registered by another owner.(2) Registering a stable name with the Commission does not affect a person's obligation to file or register a fictitious name as provided by the laws of Texas.(3) An application to register a stable name must disclose the real names of all interests participating in the stable and the percentage of ownership interest of each, including the interest owned by a corporation, general partnership, limited partnership, trust, estate or individual.(4) A stable name may be changed by registering a new stable name. A stable name may be abandoned by giving written notice to the Commission. A change of 5.0% or more in ownership of a stable registered under a stable name shall be immediately reported to the Commission.(5) A licensee who has registered a stable name under this section may not use the licensee's real name for racing purposes except on approval of the stewards.(c) Change of Ownership.(1) If the owner of an interest in a horse housed on an association's grounds transfers that interest to another person, both parties to the transaction shall give written notice of the transfer to the stewards officiating for that association. Notice under this section must be submitted to the appropriate officials not later than 24 hours after the agreement to transfer the interest is made.(2) A licensee of the Commission may not transfer an ownership interest in a horse to avoid disqualification of the horse.(d) Change of Trainer. An owner may change the trainer of his or her horse registered at a licensed race meeting provided:(1) the request to change trainers is submitted for approval to the stewards on a form provided by the association and approved by the executive director;(2) the trainer from whom the horse is being transferred signs the form releasing custody of the horse;(3) the trainer to whom the horse is being transferred signs the form accepting responsibility for the horses; and(4) the stewards approve the transfer.(e) Owner/Trainer. A person licensed as an owner/trainer who is training horses at a racetrack may not have any horse owned by the owner/trainer under the care, custody, or control of another trainer at that racetrack.(f) Restrictions on Racing. An owner may not enter a horse or cause a horse to be entered in a race at a racetrack if:(1) the owner or trainer is employed by the racetrack association in a management or supervisory position that is capable of affecting the conduct of races or pari-mutuel wagering at the racetrack; or(2) the owner or trainer is involved in any way with the sale or publication of tip sheets on association grounds.", "sourceNote": "Source Note: The provisions of this §311.101 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective September 1, 2000, 25 TexReg 8402; amended to be effective January 8, 2004, 29 TexReg 377; amended to be effective March 20, 2008, 33 TexReg 2307; amended to be effective March 1, 2013, 38 TexReg 244; amended to be effective October 19, 2015, 40 TexReg 7219; amended to be effective March 27, 2024, 49 TexReg 1911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174106", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.102", "label": "Greyhound Owners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156346", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions.(1) Except as otherwise provided by this subsection, the owner of a greyhound, as listed on the animal's registration paper, must obtain an owner's license from the Commission. A person may not be licensed as an owner if the person is not the owner of record of a properly registered greyhound that the person intends to race in Texas. The owner must be licensed one hour prior to the post time of the first race of the day in which the owner intends to race the animal.(2) If the owner is not an individual, each individual who is a director, officer, or partner of the owner or who has an ownership interest in the greyhound of 5.0% or more must be licensed by the Commission.(3) If the owner is not an individual, the owner must provide to the Commission:(A) a sworn statement by the chief executive officer of the owner or by one of the partners of the owner that the officer or partner represents the owner and is responsible for the greyhound;(B) a statement that the owner is authorized by law to do business in Texas; and(C) a list of the names and addresses of all individuals having an ownership interest in the greyhound.(4) If the owner is not an individual, the ownership entity must:(A) designate a representative; or(B) file an authorized agent form with the Commission and pay the prescribed fee.(5) If the registered owner of a greyhound is a minor, a financial responsibility form approved by the executive secretary must be signed by the parent or guardian of the owner assuming financial responsibility for the debts incurred for the training and racing of the greyhound.(b) Change of Ownership.(1) If the owner of an interest in a greyhound housed on an association's grounds transfers that interest to another person, both parties to the transaction shall give written notice of the transfer to the racing judges officiating for that association. Notice under this section must be submitted to the appropriate officials not later than 24 hours after the agreement to transfer the interest is made.(2) A licensee of the Commission may not transfer an ownership interest in a greyhound to avoid disqualification of the greyhound.(c) Emergency License.(1) If an owner is unable to complete an application for an owner's license because of absence or illness, the licensed trainer desiring to enter a greyhound in a race may apply for an emergency owner's license on behalf of the absent owner.(2) The trainer applying for an emergency owner's license on behalf of an absent owner must submit a written statement with the license application specifying the reasons the owner is unable to complete the application.(3) The trainer applying for an emergency owner's license must submit at least the following information: the owner's full name, home or business address, and telephone number. At the time of application, the appropriate licensing fee must be paid to the Commission. Failure to provide all of the foregoing information is grounds for denial of an emergency owner's license.(4) If an owner submits an incomplete application for an owner's license, the application will remain in pending status until:(A) the owner submits any additional information required to process the application;(B) the application expires in accordance with the term of the applied-for license; or(C) a greyhound is entered in the owner's name or in the name of a multiple owner of which the owner is a member, in which case the pending license will be presumed to be a request for an emergency license.(5) A license issued under this section expires on the 21st day after the date the emergency owner's license is issued. An owner may obtain only one emergency license per year. An emergency license cannot be issued if the owner failed to complete the prior licensing process.(d) Restrictions on Racing. An owner may not enter a greyhound or cause a greyhound to be entered in a race at a racetrack if:(1) the owner knows or can reasonably be expected to know that the greyhound was trained using a live or dead animal or fowl as a lure in this state or out of this state. This paragraph does not apply to the use of a training lure that is made from cured animal hides or pelts and is commercially available to the public;(2) the owner or trainer is employed by the racetrack association in a management or supervisory position that is capable of affecting the conduct of races or pari-mutuel wagering at the racetrack; or(3) the owner or trainer is involved in any way with the sale or publication of tip sheets on association grounds.", "sourceNote": "Source Note: The provisions of this §311.102 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 378; amended to be effective March 20, 2008, 33 TexReg 2307; amended to be effective March 1, 2013, 38 TexReg 244; amended to be effective May 30, 2013, 38 TexReg 3337; amended to be effective October 19, 2015, 40 TexReg 7219." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156346", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.103", "label": "Kennel Owners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227724", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Designation of Representative. If a kennel owner is not the trainer of the greyhounds in the kennel, the kennel owner must:(1) designate a trainer to be responsible for greyhounds; and(2) shall notify the racing judges of the designation.(b) Kennel Employees.(1) A kennel owner shall identify to the Commission licensing office all individuals employed by the kennel to work on association grounds. No later than 24 hours after a change in personnel occurs, the kennel owner shall notify the Commission licensing office of the change.(2) An individual who is licensed to work for a kennel owner is not permitted in the kennel area on association grounds unless the licensee is employed by and doing work for a kennel owner on the association grounds. An individual in the kennel area who is not in the employ of and doing work for a kennel owner may be ejected from the kennel area.(c) Owner Suspended. A kennel owner may not retain a greyhound in the kennel owner's care and custody if the Commission has suspended or revoked the license of the owner of the greyhound.(d) Use of Texas-Bred Greyhounds.(1) Except as otherwise provided by this section, a kennel owner shall ensure that at least 20% of the greyhounds on the active list of the kennel are accredited Texas-bred greyhounds.(2) During the first two years in which a kennel is under contract with an association, the kennel owner shall ensure that the following percentage of the greyhounds on the active list are accredited Texas-bred greyhounds:(A) for the first year, 5.0%; and(B) for the second year, 10%.(3) The racing secretary of an association shall maintain the records necessary to enforce this section. If the racing secretary determines that a kennel owner is in violation of this section, the racing secretary shall notify the racing judges. The racing judges may take disciplinary action against the kennel owner, including requiring the kennel owner to take the necessary action to achieve the appropriate percentages.(e) Restrictions on Placement in Kennels. A person who owns an interest in a kennel booked at one Texas racetrack may not:(1) own an interest in another kennel booked at that racetrack;(2) be residentially domiciled with a person who owns an interest in another kennel booked at that racetrack; or(3) own an interest in a greyhound that is racing out of another kennel booked at that racetrack.(f) Breeding farm inspection reports. Upon request of the executive secretary, a kennel owner shall provide a copy of the report of the most recent inspection conducted by the National Greyhound Association for the breeding farm from which each greyhound was whelped.", "sourceNote": "Source Note: The provisions of this §311.103 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective April 1, 2001, 26 TexReg 2154; amended to be effective January 1, 2002, 26 TexReg 10532; amended to be effective March 13, 2002, 27 TexReg 1731; amended to be effective May 6, 2012, 37 TexReg 3402." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227724", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.104", "label": "Trainers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184089", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing. (1) Except as otherwise provided by this section, to be licensed by the Commission as a trainer, a person must:(A) be at least 18 years old;(B) submit a minimum of two written statements from licensed trainers, veterinarians, or owners, attesting to the applicant's character and qualifications;(C) interview with the board of stewards;(D) satisfactorily complete a written examination prescribed by the Commission; and(E) satisfactorily complete a practical examination prescribed by the Commission and administered by the stewards or the steward's designee. (2) Examinations.(A) A $50 non-refundable testing fee is assessed for administering the written and practical examinations. The fee is due and payable at the time the written examination is scheduled. If the applicant fails the written or practical examination, the applicant will be allowed to retake it once without an additional fee. The applicant must pay a $50 non-refundable testing fee to schedule an examination after each retest. A minimum of 48 hours advance notice is required to reschedule an examination appointment without loss of the testing fee. An applicant who fails to timely reschedule an examination appointment must pay a new testing fee to reschedule the appointment. A steward may waive the additional fee if, in the opinion of the steward, the applicant shows good cause for the failure to timely reschedule an examination appointment.(B) The standard for passing the written examination must be printed on the examination. An applicant who fails the written examination may not take the written examination again before the 90th day after the applicant failed the written examination. An applicant who fails the written examination for a second or any subsequent time may not reschedule the written examination for 180 calendar days after the last failure and the applicant must pay an additional $50 non-refundable testing fee. After successful completion of the written exam an applicant has 365 calendar days to successfully complete the practical exam. (C) An applicant who fails the practical examination may not reschedule the practical examination again before the 180th day after the applicant failed the practical examination. An applicant who fails the practical examination for a second time may not reschedule another practical examination for 365 calendar days after the day the applicant failed the second practical examination and the applicant must pay an additional $50 non-refundable testing fee. (D) The Commission may waive the requirement of a written and/or practical examination for a person who has a current license issued by another pari-mutuel racing jurisdiction. If a person for whom the examination requirement was waived demonstrates an inability to adequately perform the duties of a trainer, through excessive injuries, rulings, or other behavior, the stewards may require the person to take the written and/or practical examination. If such a person fails the examination, the stewards shall suspend the person's license for 90 days with reinstatement contingent upon passing the written and/or practical examination.(3) A trainer must use the trainer's legal name to be licensed as a trainer. A trainer who is also an owner may use a stable name in the capacity of owner.(4) To be licensed as an assistant trainer, a person must qualify in all respects for a trainer's license and be in the employ of a currently licensed trainer in good standing. An assistant trainer's license carries all the privileges and responsibilities of a trainer's license.(b) Absolute Insurer.(1) A trainer shall ensure the health and safety of each horse that is in the care and custody of the trainer.(2) A trainer shall ensure that a horse that runs a race while in the care and custody of the trainer is free from all prohibited drugs, chemicals, or other substances.(3) A trainer who allows a horse to be brought to the paddock warrants that the horse:(A) is qualified for the race;(B) is ready to run;(C) is in a physical condition to exert its best efforts; and(D) is entered with the intent to win.(c) Health Reports.(1) A trainer shall immediately notify the Commission veterinarian or designee of unusual symptoms in a horse that is in the trainer's care and custody.(2) Not later than one hour after finding a dead horse on association grounds, a trainer shall notify the stewards and the Commission veterinarian, or their designee, of the death. In the absence of regulatory personnel, the trainer shall notify security personnel on the association grounds. The horse may not be removed from the grounds until cleared by the Commission Veterinarian.(d) Owner Suspended. A trainer may not retain a horse in the trainer's care and custody if the Commission has suspended or revoked the license of the owner of the horse.(e) An individual who is licensed to work for a trainer is not permitted in the stable area on association grounds unless the licensee is employed by and doing work for a trainer on the association grounds. An individual in the stable area on association grounds who is not in the employ of and doing work for a trainer may be ejected from the stable area on the association grounds.(f) Restrictions on Racing. A trainer may not enter a horse or cause a horse to be entered in a race at a racetrack if:(1) the owner or trainer is employed by the racetrack association in a management or supervisory position that is capable of affecting the conduct of races or pari-mutuel wagering at the racetrack; or(2) the owner or trainer is involved in any way with the sale or publication of tip sheets on association grounds.(g) Trainer Employees.(1) A horse trainer shall provide a list to the Commission of all of the trainer's employees on association grounds during the period of continuous security service under §309.154(a)(1). The list shall include each employee's name, occupation and occupational license number. The trainer shall notify the Commission in writing with 72 hours of initiating or learning of any change.(2) A trainer may not sign an application as the employer of a licensee that the trainer does not actually employ.(3) A trainer may not employ an individual who is less than 16 years of age to work for the trainer on an association's grounds. (4) A trainer may not employ a jockey to prevent the jockey from riding in a race.(h) Trainer Absent. If a trainer must be absent because of illness or any other cause, the trainer shall appoint another licensed trainer to fulfill his or her duties, and promptly report the appointment to the stewards for approval. The absent trainer and substitute trainer have joint responsibility for the condition of the horses normally trained by the absent trainer. (i) Suspended, Revoked or Ineligible Horse Trainers.(1) Upon the suspension, revocation or denial of a trainer's license, the trainer shall notify each owner for whom he or she trains horses of the suspension, revocation or denial.(2) Except as specifically permitted by the executive director in writing, a person may not assume the responsibilities of a horse trainer who is ineligible to be issued a license or whose license is suspended or revoked if the person:(A) is related to the trainer by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code.(B) is related to the spouse of the trainer by blood or by marriage; or(C) has been an employee of the trainer within the previous year.(3) A person who assumes the care, custody, or control of the horses of a suspended, revoked or ineligible horse trainer may not:(A) receive any compensation regarding those horses from the suspended, revoked or ineligible trainer;(B) pay any compensation regarding those horses to the suspended, revoked or ineligible trainer;(C) solicit or accept a loan of anything of value from the suspended, revoked or ineligible trainer; or(D) use the farm or individual name of the suspended, revoked or ineligible trainer when billing customers.(4) A person who assumes the care, custody, or control of the horses of a suspended, revoked or ineligible trainer is directly responsible for all financial matters relating to the care, custody, or control of the horses.(5) On request by the Commission, a suspended, revoked or ineligible trainer or a person who assumes the care, custody, or control of the horses of a suspended, revoked or ineligible trainer shall permit the Commission to examine all financial or business records to ensure compliance with this section.(j) Reporting to Clocker. When taking a horse onto a racetrack to work, a horse trainer or an assistant of the trainer shall report the horse's name and the distance to be worked to the morning clocker or an assistant clocker or shall instruct the jockey or exercise rider to transmit the information to the clocker or assistant clocker.(k) Other Responsibilities. A trainer is responsible for:(1) the condition and contents of stalls, tack rooms, feed rooms, and other areas which have been assigned by the association;(2) maintaining the assigned stable area in a safe, clean, neat and sanitary condition at all times;(3) ensuring that fire prevention rules are strictly observed in the assigned stable area;(4) training all horses owned wholly or in part by the trainer that are participating at the race meeting;(5) ensuring that, at the time of arrival at a licensed racetrack, each horse in the trainer's care is accompanied by a valid health certificate/certificate of veterinary inspection;(6) using the services of those veterinarians licensed by the Commission to attend horses that are on association grounds;(7) promptly notifying the official veterinarian of any reportable disease and any unusual incidence of a communicable illness in any horse in the trainer's charge;(8) immediately reporting to the stewards and the official veterinarian if the trainer knows, or has cause to believe, that a horse in the trainer's custody, care or control has received any prohibited drugs or medication;(9) maintaining a knowledge of the medication record and status of all horses in the trainer's care;(10) ensuring the fitness of a horse to perform creditably at the distance entered;(11) ensuring that the trainer's horse is properly shod, bandaged and equipped; and(12) reporting the correct sex of the horses in his/her care to the Commission veterinarian and the horse identifier.(l) No licensee shall act as a program trainer, nor shall any owner name a program trainer on the entry form. Any licensee found to be acting as a program trainer and any owner who listed a program trainer is responsible for all violations occurring from participation of any horse entered or raced by the licensee. Further, the Commission recognizes that identification of the correct trainer in the program is an important handicapping tool used by the wagering public. Therefore, the Commission identifies the practices of utilizing a program trainer and of acting as a program trainer as being inconsistent with maintaining the honesty and integrity of racing under §307.7 (relating to Ejection and Exclusion) and as a detrimental practice under §311.6 (relating to Denial, Suspension and Revocation of Licenses.)", "sourceNote": "Source Note: The provisions of this §311.104 adopted to\r\nbe effective October 21, 1999, 24 TexReg 8973; amended to be effective\r\nJanuary 1, 2003, 27 TexReg 12189; amended to be effective January\r\n8, 2004, 29 TexReg 378; amended to be effective March 20, 2008, 33\r\nTexReg 2307; amended to be effective July 14, 2009, 34 TexReg 4635;\r\namended to be effective January 5, 2010, 35 TexReg 93; amended to\r\nbe effective March 6, 2012, 37 TexReg 1509; amended to be effective\r\nMay 30, 2013, 38 TexReg 3337; amended to be effective November 2,\r\n2015, 40 TexReg 7668; amended to be effective March 8, 2017, 42 TexReg\r\n1025; amended to be effective July 17, 2017, 42 TexReg 3539; amended\r\nto be effective September 4, 2018, 43 TexReg 5679; amended to be effective\r\nMarch 11, 2026, 51 TexReg 1382." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184089", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.105", "label": "Jockeys" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) License.(1) To be licensed as a jockey or apprentice jockey, an individual must be at least 16 years of age, weigh no more than 130 pounds at the time of licensure, and provide proof of a satisfactory physical examination as described in subsection (b) of this section.(2) An individual licensed as a jockey or apprentice jockey may not be licensed in another capacity.(3) To be licensed as a jockey or apprentice jockey, an individual must have a certificate of proficiency issued by a starter licensed in this state or be currently licensed in another state as a jockey or apprentice jockey.(b) Physical Examination.(1) To be eligible to ride in a race, a jockey or apprentice jockey must have on file with the Commission proof of a satisfactory physical examination conducted during the 12-month period preceding the date of the race.(2) An examination required by this section must be performed by a licensed physician and include tests for visual acuity and hearing.(3) The Commission or the stewards may require a jockey or apprentice jockey to be reexamined at any time and may refuse to permit a jockey or apprentice jockey to ride until proof of a satisfactory examination is submitted.(c) Apprentice Jockeys.(1) An apprentice jockey is a rider of thoroughbreds who:(A) is permitted to ride with the apprentice weight allowance in accordance with Chapter 313 of this title (relating to Officials and Rules of Horse Racing); and(B) is otherwise qualified to be licensed as a jockey.(2) The Rules relating to a jockey apply to apprentice jockeys.(d) Jockey Conduct.(1) A jockey may not ride under an assumed name.(2) A jockey may not use an attendant on a race day other than one supplied by the association.(3) A jockey may not smoke in public while wearing racing colors.", "sourceNote": "Source Note: The provisions of this §311.105 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective March 20, 2008, 33 TexReg 2307; amended to be effective May 3, 2017, 42 TexReg 2338." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106961", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.106", "label": "Veterinarians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106962", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible to be licensed by the Commission and hold a license as a veterinarian, an individual must be currently licensed and in good standing with the Texas State Board of Veterinary Medical Examiners.", "sourceNote": "Source Note: The provisions of this §311.106 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106962", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.107", "label": "Lessee/Lessor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135820", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A race animal may be raced under lease provided a completed lease form is attached to the registration certificate and is on file with the racing secretary.(b) The lessee and lessor of a horse or greyhound for racing purposes must obtain an owner's license in accordance with §311.101(a) of this title (relating to Horse Owners) and §311.102(a) of this title (relating to Greyhound Owners).", "sourceNote": "Source Note: The provisions of this §311.107 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 379." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135820", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.108", "label": "Authorized Agent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67724", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be appointed an authorized agent, an individual must be at least 18 years old and licensed as an individual owner, stable foreman, assistant trainer, or a trainer. A written agency appointment authorizing him or her to act on behalf of a licensed owner or licensed trainer in racing matters not directly related to the care and training of horses must accompany the appointment. The authorization shall be on a form provided by the Commission and shall define the agent's powers and limits. The authorization must be signed by the principals and the agent.(b) A separate agency appointment is required for each principal an authorized agent intends to represent.(c) An agency appointment expires on the last day of the twelfth month after the date of appointment or when the principal submits written notice of revocation to the stewards or racing judges, whichever occurs first.", "sourceNote": "Source Note: The provisions of this §311.108 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 379; amended to be effective March 20, 2008, 33 TexReg 2307." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67724", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.109", "label": "Mutuel Employees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67725", "queryAsDate": "03/11/2026" }, "ruleBody": "To be licensed as a mutuel clerk or other employee of the mutuel department of an association, an individual must be at least 16 years old.", "sourceNote": "Source Note: The provisions of this §311.109 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67725", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.110", "label": "Leadout" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135821", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be licensed as a leadout, an individual must demonstrate to the satisfaction of the Commission veterinarian that the individual is knowledgeable in the handling and/or care of greyhounds.(b) A leadout shall be dressed in a clean uniform for each performance, present a neat appearance, and behave in an orderly manner.(c) A leadout may not smoke while in uniform.(d) A leadout may not own an interest in a greyhound registered at the association for which the leadout is employed.(e) Except in the leadout's lounge, a leadout may not consume or carry food or beverages while the leadout is on duty.", "sourceNote": "Source Note: The provisions of this §311.110 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135821", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.111", "label": "Jockey Agent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162696", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligibility.(1) An applicant for a license as a jockey agent shall:(A) demonstrate to the stewards that the applicant has a contract for agency with at least one jockey who has been licensed by the Commission; and(B) be qualified, as determined by the stewards or other Commission designee, by reason of experience, background and knowledge. A jockey agent's license from another jurisdiction may be accepted as evidence of experience and qualifications. Evidence of qualifications may require passing one or both of the following:(i) a written examination; or(ii) an interview or oral examination.(2) Applicants not previously licensed as a jockey agent shall be required to pass a written and oral examination.(b) Limit on Contracts.(1) During a thoroughbred or mixed race meet a jockey agent may serve as agent for no more than two jockeys and one apprentice jockey.(2) During a quarter horse meet a jockey agent may serve as agent for no more than three jockeys.(c) Responsibilities.(1) A jockey agent shall not make or assist in making engagements for a jockey other than those the agent is licensed to represent.(2) A jockey agent shall file written proof of all engagements and changes of engagements with the stewards.(3) A jockey agent shall maintain current and accurate records of all engagements made, such records being subject to examination by the stewards at any time.(4) A jockey agent may make entries for an owner or trainer with prior permission from the owner or trainer.(5) When making an entry, a jockey agent shall sign the entry card and shall be responsible for the accuracy of the information provided on the entry card.(d) Prohibited Areas. A jockey agent is prohibited from entering the jockey room, winner's circle, racing strip, paddock or saddling enclosure during the hours of racing, unless permitted by the stewards.(e) Agent Withdrawal (Termination). When any jockey agent withdraws from representation of a jockey, the jockey agent shall immediately notify the stewards and shall submit to the stewards a list of any unfulfilled engagements made for the jockey.", "sourceNote": "Source Note: The provisions of this §311.111 adopted to be effective March 20, 2008, 33 TexReg 2307." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162696", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "B", "label": "SPECIFIC LICENSES" }, "rule": { "number": "§311.112", "label": "Equine Dental Provider" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67726", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible to be licensed by the Commission and hold a license as an Equine Dental Provider, an individual must be currently licensed and in good standing with the Texas State Board of Veterinary Medical Examiners.", "sourceNote": "Source Note: The provisions of this §311.112 adopted to be effective July 11, 2013, 38 TexReg 4318." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67726", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.201", "label": "Applicability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67727", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter applies to:(1) all persons licensed by the Commission, either in an occupational capacity or by virtue of the person's ownership in a racetrack licensee; and(2) all persons, whether or not licensed by the Commission, whose actions may affect the outcome of a pari-mutuel race, the payout of a pari-mutuel pool, or the health, safety, or welfare of individuals on association grounds.", "sourceNote": "Source Note: The provisions of this §311.201 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67727", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.202", "label": "Best Effort" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67728", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall make the licensee's best effort to win in each race in which the licensee participates.(b) A person may not:(1) instruct a licensee to use less than the licensee's best efforts to win a pari-mutuel race; or(2) handle a race animal in a manner that would cause the race animal to use less than its best efforts to win a pari-mutuel race.", "sourceNote": "Source Note: The provisions of this §311.202 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67728", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.203", "label": "Ineligible Participant" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67729", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee may not enter or start a race animal in a race or allow a race animal to be entered or to start in a race if the licensee knows the race animal is ineligible to race under the Act or the Rules.", "sourceNote": "Source Note: The provisions of this §311.203 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67729", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.204", "label": "Bribes Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67730", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not:(1) directly or indirectly offer or give a bribe to another person to violate the Act or a Rule; or(2) solicit or accept a bribe from another person to violate the Act or a Rule.(b) A licensee may not offer, give, solicit, or accept a bribe to(1) not enter a race animal in a race;(2) provide false information in order to have a race animal scratched from a race; or(3) withdraw a race animal from a race.(c) A person may not offer, give, solicit, or accept a bribe to purchase or cash a mutuel ticket for another person.(d) A licensee shall notify the Commission immediately if the licensee knows that a person has violated this section.", "sourceNote": "Source Note: The provisions of this §311.204 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67730", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.205", "label": "Wagering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67731", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person other than an association may not solicit or accept wagers from the public on the outcome of a pari-mutuel horse or greyhound race.(b) A jockey scheduled to ride in a race may not wager on a race scheduled for the same day.(c) The following licensees are prohibited from wagering in the state of Texas during the term of their license:(1) all officials; and(2) assistant starters.(d) The following licensees are prohibited from wagering in the state of Texas at the association at which he or she is employed:(1) valets or leadouts;(2) photofinish operators or employees;(3) security personnel; and(4) any licensee whose duties require the licensee to work in the jockey's quarters, test barn, or test area.", "sourceNote": "Source Note: The provisions of this §311.205 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67731", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.206", "label": "Influence of Race Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106953", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not improperly influence or conspire or attempt to improperly influence the results of a race.(b) A person may not possess on association grounds or use a device designed to increase or decrease the speed of a horse other than an ordinary riding whip.", "sourceNote": "Source Note: The provisions of this §311.206 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106953", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.207", "label": "Inhumane Treatment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67733", "queryAsDate": "03/11/2026" }, "ruleBody": "A person on association grounds or a licensee may not subject a race animal to cruel or inhumane treatment or, through act or neglect, subject a race animal to unnecessary suffering.", "sourceNote": "Source Note: The provisions of this §311.207 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 379." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67733", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.208", "label": "Performance Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67734", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not give false or misleading information about the performance of a race animal for publication in a printed program or racing publication or for purposes of establishing eligibility or fitness to race.", "sourceNote": "Source Note: The provisions of this §311.208 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67734", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.209", "label": "Information to Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106954", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not knowingly make a false statement, whether oral or written, to the Commission, the executive secretary, the stewards or racing judges, Commission investigator, an administrative law judge or an examiner appointed by the Commission in any formal or informal interview or proceeding involving the Commission.(b) A licensee shall promptly notify the Commission regarding any changes to the licensee's mailing address and telephone number.(c) A licensee shall promptly notify the Commission if the licensee knows that a person has violated a criminal provision of the Act.", "sourceNote": "Source Note: The provisions of this §311.209 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106954", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.210", "label": "Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall behave in an orderly manner while on association grounds.(b) A person may not use offensive, obscene, or threatening language or gestures while on association grounds.(c) A person shall use reasonable diligence and precaution to prevent fires in the stable or kennel area. A person may not smoke in a stall, near a greyhound crate, in a feed room or hay storage area, or in a shed row. A person may not leave an unattended electrical appliance plugged into an outlet in the stable or kennel area. A person may not leave an electrical outlet or electrical cord within the reach of a race animal. A person may not lock a stall that is occupied by a horse. A person may not possess, keep, or maintain, in the stable or kennel area:(1) an open fire or an oil or gas lamp outside of areas designated by the association; or(2) a flammable material, such as cleaning fluid or solvent.(d) A person may not enter, attempt to enter, or assist or attempt to assist another person in entering the stable or kennel area except through the designated entrances and on showing a valid license badge or visitor's pass.(e) A person may not interfere with, attempt to interfere with, or conspire with another to interfere with any decision-making process of the stewards or racing judges including, but not limited to, formal and informal disciplinary hearings.", "sourceNote": "Source Note: The provisions of this §311.210 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 380." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.211", "label": "Weapons Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135811", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a person may not possess a weapon prohibited by Penal Code, §46.03(a) if the person is in an area on association grounds to which admission ordinarily can be obtained only on payment of an admission fee or presentation of official credentials.(b) This section does not apply to a person who is:(1) a peace officer; or(2) a commissioned security officer licensed by the Texas Commission on Private Security Agencies and approved by the executive secretary.", "sourceNote": "Source Note: The provisions of this §311.211 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 380; amended to be effective September 27, 2005, 30 TexReg 6051." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135811", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.212", "label": "Duty to Wear Badge" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67738", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a licensee shall display his or her license badge in a conspicuous place on his or her body at all times that the licensee is engaged in performing duties or is in a restricted area.(b) This section does not apply to a licensee who is:(1) performing duties as an assistant starter; or(2) mounted on a horse.", "sourceNote": "Source Note: The provisions of this §311.212 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective March 20, 2008, 33 TexReg 2307." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67738", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.213", "label": "Accident Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135812", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee who observes or is involved in an accident that occurs on association grounds during a race meeting and that results in an injury to a person or race animal shall report the accident to the association.(b) A report under this section must be made not later than 24 hours after the time the accident occurred.", "sourceNote": "Source Note: The provisions of this §311.213 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135812", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.214", "label": "Financial Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83977", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to the financial responsibility of licensees of the Commission for debts legally owed the transfer, purchase or lease of a race animal or for services or supplies relating to the care, transportation, or maintenance provided to a race animal while racing or in training at a licensed facility in this state. Services and supplies to which this section applies include, but are not limited to:(1) veterinary services, medication, and veterinary supplies;(2) transportation services;(3) farrier services and supplies;(4) feed and nutritional supplements; and(5) racing supplies.(b) The Commission finds that the failure of a licensee of the Commission to pay a debt that is legally owed for the transfer, purchase or lease of a race animal or a service or supply described in subsection (a) is:(1) an activity or practice that is detrimental to the best interests of the public and the sport of pari-mutuel racing; and(2) grounds for denial, suspension, or revocation of the licensee's license.(c) For a debt that is legally owed for the transfer, purchase or lease of a race animal or a service or supply described in subsection (a), a licensee may not:(1) willfully or intentionally refuse to pay the debt; or(2) falsely deny the validity of the debt with the intent to defraud the person to whom the debt is owed.(d) A person to whom a debt for the transfer, purchase or lease of a race animal or a service or supply described in subsection (a) is owed may file with the executive secretary a certified copy of a judgment of a court of competent jurisdiction that verifies the validity of the debt. On receipt of a judgment under this subsection, the executive secretary may initiate formal disciplinary action against the licensee involved. The executive secretary has sole discretion to determine whether formal disciplinary action is initiated against the licensee.(e) At a hearing to deny, suspend, or revoke a licensee's license for a violation of this section, the person to whom the debt is owed is not entitled to reimbursement of travel expenses or any witness fees for attendance at the hearing.", "sourceNote": "Source Note: The provisions of this §311.214 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective March 20, 2008, 33 TexReg 2307." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83977", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.215", "label": "Contraband" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following items are contraband on a racetrack or association grounds:(1) a criminal instrument related to racing under the Act;(2) an electrical shocking device, spur, or similar device or paraphernalia designed to increase or decrease the speed of a race animal or to unnaturally depress, stimulate, or excite a race animal;(3) a device prohibited under §319.10 of this title (relating to Devices and Substances Prohibited), including a hypodermic syringe or hypodermic needle;(4) a deadly weapon prohibited under §311.211 of this title (relating to Weapons Prohibited);(5) a drug, chemical, or other substance prohibited under:(A) §319.3 of this title (relating to Medication Restricted);(B) §319.7 of this title (relating to Labeling Requirements);(C) §319.10 of this title (relating to Devices and Substances Prohibited); or(D) §319.14 of this title (relating to Possession of Controlled Substances); and,(6) an alcoholic beverage prohibited under §311.321 of this title (relating to Prohibited Conduct).(b) No person may possess an item of contraband at any time while on a racetrack or association grounds. It is an affirmative defense to a rule violation under this subsection that:(1) Commission rules expressly state the item was not contraband; or(2) the possession was expressly authorized on a racetrack or association grounds by the Act or the Rules.", "sourceNote": "Source Note: The provisions of this §311.215 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 7, 2001, 26 TexReg 193." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174108", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.216", "label": "Conduct in Stable Area" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162048", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual may not sleep in the stable area of an association's grounds except:(1) in a facility provided for that purpose by the association in accordance with the Rules;(2) in a barn that was constructed after 1990 of fire retardant materials; or(3) in a tack room that was constructed after 1990 of fire retardant materials, provided the tack room has a window that opens.(b) A licensee may not possess, keep, or maintain a dog in the stable area of an association's grounds unless:(1) the dog is confined and prevented from going at large on association grounds; and(2) the dog is currently vaccinated against rabies.(c) A licensee who is mounted on a horse or stable pony on association grounds must wear a safety helmet meeting the requirements of §311.218 of this title (relating to Safety Equipment) at all times.(d) A licensee may not hold a horse in a starting gate unless the licensee wears properly fastened safety helmet meeting the requirements of §311.218 of this title.(e) Except as otherwise provided by this subsection, a licensee may not operate a motor vehicle in the stable area during training hours. This subsection does not apply to:(1) a person who has power of entry under the Act, §3.03;(2) the stewards;(3) security personnel employed by the association;(4) the Commission veterinarian;(5) the racing secretary;(6) a veterinarian licensed by the Commission;(7) an owner or a trainer;(8) a jockey's agent at a Class 1 racetrack;(9) a farrier; or(10) a jockey.", "sourceNote": "Source Note: The provisions of this §311.216 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 380; amended to be effective March 20, 2008, 33 TexReg 2307; amended to be effective October 19, 2015, 40 TexReg 7220." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162048", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.217", "label": "Greyhound Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174107", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not use a live or dead animal or fowl to train a greyhound, or send a greyhound to a facility located in this state or out of state for the purpose of being trained using a live or dead animal or fowl. Such activities and practices are detrimental to the best interests of a racing animal and the racing industry.(b) This section does not apply to the use of a training lure that is made from cured animal hides or pelts and is commercially available to the public.", "sourceNote": "Source Note: The provisions of this §311.217 adopted to be effective May 30, 2013, 38 TexReg 3337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174107", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES OF INDIVIDUALS" }, "rule": { "number": "§311.218", "label": "Safety Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135814", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Helmets. Any licensee mounted on a horse or stable pony on association grounds must wear a properly secured safety helmet at all times. Additionally, all members of the starting gate crew must adhere to this regulation at all times while performing their duties or handling a horse. For the purpose of this regulation, a member of the starting crew means any person licensed as an assistant starter or any licensee who handles a horse in the starting gate. The helmet must comply with one of the following minimum safety standards or later revisions:(1) American Society for Testing and Materials (ASTM1163);(2) UK Standards (EN-1384 and PAS-015); or(3) Australian/New Zealand Standard (AS/NZ 3838).(b) Vests. Any licensee mounted on a horse or stable pony on the association grounds must wear a properly-secured safety vest at all times. Additionally, all members of the starting gate crew must also adhere to this regulation at all times while performing their duties or handling a horse. For the purpose of this regulation, a member of the starting gate crew means any person licensed as an assistant starter or any licensee who handles a horse at the starting gate. The safety vest must comply with one of the following minimum standards or later revisions:(1) British Equestrian Trade Association (BETA):2000 Level 1;(2) Euro Norm (EN) 13158:2000 Level 1;(3) American Society for Testing and Materials (ASTM) F2681-08 or F1937;(4) Shoe and Allied Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3; or(5) Australian Racing Board (ARB) Standard 1.1998.(c) A safety helmet or a safety vest shall not be altered in any manner nor shall the product marking be removed or defaced.", "sourceNote": "Source Note: The provisions of this §311.218 adopted to be effective October 19, 2015, 40 TexReg 7220." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135814", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.301", "label": "Use and Possession Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184090", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, an occupational licensee may not, while performing duties required of the licensee, have present in his or her system a dangerous drug as defined by the Health and Safety Code, Chapter 483, or a controlled substance as defined by the Texas Controlled Substances Act, Health and Safety Code, Chapter 481. The Commission, stewards, or racing judges may decline to take disciplinary action against a licensee who violates this subsection if the Commission, stewards, or racing judges determine that:(1) the licensee holds a current prescription for the drug or substance, which was issued by a physician licensed to practice in the United States and authorized to dispense or prescribe controlled substances as provided by 21 USC 801 et seq. and the physician is acting in the course of the physician's professional practice;(2) the drug or substance was prescribed to the licensee for a legitimate medical use; and(3) the use of the drug or substance will not impair the licensee's judgment, reaction time, or physical abilities as they relate to the licensee's performance of his or her duties.(b) An occupational licensee may not possess, while on association grounds, a dangerous drug as defined by the Health and Safety Code, Chapter 483, or a controlled substance as defined by the Texas Controlled Substances Act, Health and Safety Code, Chapter 481. This subsection does not apply to:(1) a licensee who holds a current prescription for the drug or substance, which was issued by a physician licensed to practice in the United States and authorized to dispense or prescribe controlled substances as provided by 21 USC 801 et seq. and the physician is acting in the course of the physician's professional practice; or(2) a veterinarian licensed by the Commission who has obtained permission to possess a controlled substance or dangerous drug under §319.14 of this title (relating to Possession of Controlled Substances).", "sourceNote": "Source Note: The provisions of this §311.301 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 8, 2004, 29 TexReg 381; amended to be effective March 20, 2008, 33 TexReg 2307." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184090", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.302", "label": "Subject to Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67753", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards or racing judges may require an occupational licensee acting pursuant to the license to submit to a urine test or other non-invasive fluid test at any time while on association grounds.(b) A licensee who refuses to submit to such a test when requested to do so by the stewards or racing judges shall be suspended for at least six months. The stewards or racing judges shall revoke the license of a licensee who refuses to submit to a test for a second or subsequent time.", "sourceNote": "Source Note: The provisions of this §311.302 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective November 6, 2002, 27 TexReg 10378; amended to be effective May 3, 2017, 42 TexReg 2339." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67753", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.303", "label": "Method of Selection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184091", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An occupational licensee may be selected for testing under this subchapter by a method of random selection prescribed by the executive secretary. The method may be changed from time to time, and it is not an indication of unfairness if a licensee is selected more frequently than any other, providing there is no manipulation of the selection process.(b) An occupational licensee may be selected for testing at any time while on association grounds on the basis of reasonable belief.", "sourceNote": "Source Note: The provisions of this §311.303 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184091", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.304", "label": "Taking of Specimens" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67755", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An occupational licensee selected for urine testing shall, on request, provide the urine specimen without undue delay, in the presence of or under the supervision of a representative of the Commission.(b) The specimen shall be immediately sealed and documented on a form provided by the executive secretary, and the licensee shall sign the form. The portion of the form that accompanies the specimen to the laboratory for analysis may not identify the licensee by name.(c) A licensee shall cooperate fully with the Commission and its designees in obtaining a specimen and in witnessing the securing of the specimen.(d) The executive secretary shall develop procedures for the splitting of specimens obtained under this section and the storage and testing of the split specimens. The procedures shall address situations when there is an insufficient quantity of specimen for splitting and when the licensee desires to waive a split specimen. The executive secretary shall ensure the procedures are posted prominently at each racetrack licensing office.", "sourceNote": "Source Note: The provisions of this §311.304 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective May 3, 2017, 42 TexReg 2339." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67755", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.305", "label": "Security of Specimens" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67756", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive secretary shall ensure that specimens obtained for testing under this subchapter are stored and delivered to the testing laboratory in a manner that ensures the integrity of the specimens.(b) A person may not tamper with or attempt to tamper with a specimen taken for testing under this subchapter.", "sourceNote": "Source Note: The provisions of this §311.305 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67756", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.306", "label": "Medical Review Officer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67749", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive secretary shall select a medical review officer to assist the Commission in the evaluation of licensees tested under this subchapter. A medical review officer must be professionally trained to evaluate substance and alcohol abuse. In the performance of his or her duties under this subchapter, the medical review officer may designate other persons in the same general locations as the various licensed racetracks to evaluate licensees. To be designated by the medical review officer, a person must be professionally trained to evaluate substance and alcohol abuse.(b) The laboratory at which a specimen obtained under this subchapter is analyzed shall report all test results in writing to the medical review officer.(c) The medical review officer shall review each test result received and determine whether the result constitutes a prima facie violation of the Commission's rules. The medical review officer shall then notify the Commission in writing of each prima facie violation. Not later than five days after receipt of written notice from the medical review officer of a prima facie violation, the tested licensee shall be notified in writing of the alleged violation.", "sourceNote": "Source Note: The provisions of this §311.306 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67749", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.307", "label": "Confidentiality of Results" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184092", "queryAsDate": "03/11/2026" }, "ruleBody": "The results of a test under this subchapter are confidential, except for their use with respect to a ruling issued pursuant to this subchapter or in an administrative or judicial hearing regarding the ruling.", "sourceNote": "Source Note: The provisions of this §311.307 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184092", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.308", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83978", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards or racing judges shall impose penalties in accordance with this section for a violation of §311.301 of this title (relating to Use Prohibited). A penalty imposed under this section is appealable pursuant to §307.67 of the Rules (relating to Appeal to the Commission.)(b) If the stewards or racing judges require a licensee to submit to testing under §311.302 of this title (relating to Subject to Testing) as prescribed under §311.303 of this chapter (relating to Method of Selection), the stewards or racing judges shall prohibit the licensee from participating in racing for the remainder of that day.(c) For a first violation, the stewards or racing judges shall:(1) suspend the licensee's license for at least six months; and(2) prohibit the licensee from participating in racing until:(A) the licensee's condition has been evaluated by the medical review officer or a person designated by the medical review officer under §311.306 of this title (relating to Medical Review Officer);(B) the licensee has satisfactorily complied with any rehabilitation requirements ordered by the medical review officer; and(C) the licensee has produced a negative test result.(d) For a second or subsequent violation, the stewards or racing judges shall revoke the licensee's license.(e) After a suspended licensee has satisfactorily complied with any rehabilitation requirements ordered by the medical review officer or completed a certified substance abuse rehabilitation program approved by the medical review officer, the licensee may apply to have the license reinstated. The stewards or racing judges shall reinstate the license if the stewards or racing judges determine the licensee poses no danger to other licensees or race animals and that reinstatement is in the best interest of racing. On reinstatement, the stewards or racing judges shall require the licensee to submit to further drug testing to verify continued compliance with the Rules and complete any additional rehabilitation or after-care drug treatment recommended by the medical review officer.(f) All specimens to be tested under this subchapter shall be obtained and tested in accordance with §311.304 (relating to Taking of Samples.) The Commission shall pay the cost of the initial test. The licensee being tested is responsible for paying the costs of all subsequent tests.", "sourceNote": "Source Note: The provisions of this §311.308 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective November 6, 2002, 27 TexReg 10379; amended to be effective May 3, 2017, 42 TexReg 2339." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83978", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.321", "label": "Prohibited Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67758&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67758", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to conduct by occupational licensees that occurs on association grounds.(b) A licensee may not be under the influence of an alcoholic beverage or have an alcohol concentration of more than 0.0% in his or her body while the licensee is engaged in the performance of the licensee's duties.(c) A licensee may not possess or consume an alcoholic beverage while in the stable or kennel area of the association grounds.(d) Notwithstanding subsection (b) of this section, an owner of a horse or greyhound whose involvement is limited to that of a spectator during racing hours may consume alcoholic beverages while in the grandstand area.(e) For purposes of this subchapter, \"alcohol concentration\" means:(1) the number of grams of alcohol per 210 liters of breath; or(2) the number of grams of alcohol per 67 milliliters of urine.", "sourceNote": "Source Note: The provisions of this §311.321 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 7, 2001, 26 TexReg 193." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67758&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67758", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.322", "label": "Breathalyzer or Other Test" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards or racing judges may require a licensee to submit to a breathalyzer test or other non- invasive test at any time while on association grounds. An occupational licensee may be selected for testing by a method of random selection prescribed by the executive secretary. The method may be changed from time to time, and it is not an indication of unfairness if a licensee is selected more frequently than any other, providing there is no manipulation of the selection process. An occupational licensee may be selected for testing at any time while on association grounds on the basis of reasonable belief.(b) A licensee who refuses to submit to such a test when requested to do so by the stewards or racing judges is subject to discipline by the stewards or racing judges.(c) If the results of a test conducted under this section show a prohibited alcohol concentration, the stewards or racing judges shall impose penalties as authorized by §311.323 of this title (relating to Penalties).", "sourceNote": "Source Note: The provisions of this §311.322 adopted to be effective October 21, 1999, 24 TexReg 8973." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83979", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "311", "label": "OTHER LICENSES" }, "subchapter": { "number": "D", "label": "ALCOHOL AND DRUG TESTING" }, "rule": { "number": "§311.323", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119408", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For a first violation under §311.321(b) of this title (relating to Prohibited Conduct) or §311.322 of this title (relating to Breathalyzer or Other Test), the stewards or racing judges shall prohibit the licensee from participating in racing for the remainder of that race day. In addition, the stewards or race judges may:(1) prohibit the licensee from participating in racing until the licensee's condition has been evaluated by the medical review officer or a person designated by the medical review officer under §311.306 of this title (relating to Medical Review Officer); and(2) impose a fine in accordance with Chapter 307 of this title (relating to Practice and Procedure).(b) If the person evaluating a licensee determines the licensee's condition is non-addictive or not detrimental to the best interest of racing, the stewards or racing judges shall permit the licensee to participate in racing, provided the licensee:(1) produces a negative test result; and(2) agrees to further testing to verify continued unimpairment.(c) If the person evaluating a licensee determines the licensee's condition is addictive or detrimental to the best interest of racing, the stewards or racing judges shall prohibit the licensee from participating in racing until the licensee:(1) produces a negative test result;(2) provides proof that the licensee has satisfactorily completed a certified alcohol abuse rehabilitation program approved by the medical review officer; and(3) agrees to further testing to verify continued unimpairment.(d) For a second or subsequent violation, the stewards or racing judges shall suspend the licensee's license. After the licensee has satisfactorily completed a certified alcohol abuse rehabilitation program approved by the medical review officer, the licensee may apply to have the license reinstated. The stewards or racing judges may reinstate the license if the stewards or racing judges determine the licensee poses no danger to other licensees or race animals and that reinstatement is in the best interest of racing.(e) All specimens to be tested under this subchapter shall be obtained and tested by the Commission under conditions properly controlled to guarantee the integrity of the process. The charges for tests conducted under this subchapter shall be forwarded to the Commission for approval as to the reasonableness of the charges in relation to industry standards for comparable testing procedures. The Commission shall pay the cost of the initial test. The licensee being tested is responsible for paying the costs of all tests other than the initial test.", "sourceNote": "Source Note: The provisions of this §311.323 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective January 7, 2001, 26 TexReg 193." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119408", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.1", "label": "Racetrack Officials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82173", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise approved by the executive secretary, the following officials must be present at each horse race meeting conducted in this state:(1) three stewards;(2) at least two commission veterinarians;(3) an official starter;(4) at least one placing judge;(5) a paddock judge;(6) a clerk of scales;(7) an official timer;(8) a horseshoe inspector;(9) a racing secretary and handicapper;(10) an assistant racing secretary;(11) a stakes coordinator;(12) a mutuel manager;(13) a horse identifier;(14) a track superintendent;(15) a jockey room custodian;(16) a stable superintendent;(17) at least one morning clocker;(18) a horsemen's bookkeeper; and(19) two outriders.(b) An association may also appoint one or more patrol judges as officials.", "sourceNote": "Source Note: The provisions of this §313.1 adopted to be effective August 30, 1989, 14 TexReg 4119; amended to be effective October 11, 1990, 15 TexReg 5698; amended to be effective August 1, 1994, 19 TexReg 5480; amended to be effective October 30, 2000, 25 TexReg 10732; amended to be effective April 4, 2005, 30 TexReg 1625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82173", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.2", "label": "Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119409", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An official shall diligently perform all duties prescribed by the Commission for the official.(b) An official shall promptly report to the stewards or the executive secretary any observed violation of the Act or the Rules.", "sourceNote": "Source Note: The provisions of this §313.2 adopted to be effective August 30, 1989, 14 TexReg 4119; amended to be effective August 1, 1994, 19 TexReg 5480; amended to be effective October 30, 2000, 25 TexReg 10732." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119409", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.4", "label": "Approval of Officials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82177", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each individual who is designated as an official for a race meeting must be approved by the executive secretary before the individual begins acting in an official capacity.(b) Not later than the 30th day before the first day of a race meeting, an association shall submit to the executive secretary the name of each individual appointed to serve as an official at the race meeting. The executive secretary may require the association to submit a brief job description for each of the officials and a summary of the proposed official's qualifications. The executive secretary may refuse to approve an individual as an official if the executive secretary determines the individual lacks sufficient qualifications to perform the duties of the official position.(c) The executive secretary may rescind the approval of an official if the executive secretary determines that:(1) the official has violated the Act or the Rules;(2) the official has not fulfilled the duties of the position for which the official was appointed; or(3) the official has engaged in conduct that is inconsistent with the duties of the official and that is not in the best interests of racing.", "sourceNote": "Source Note: The provisions of this §313.4 adopted to be effective August 30, 1989, 14 TexReg 4119; amended to be effective May 7, 1991, 16 TexReg 2301; amended to be effective March 27, 1992, 17 TexReg 1909; amended to be effective October 30, 2000, 25 TexReg 10732; amended to be effective April 4, 2005, 30 TexReg 1625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82177", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.21", "label": "Eligibility for Appointment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119410", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, to be appointed to serve as a steward, an individual must:(1) have appropriate experience, as provided by subsection (b) of this section;(2) satisfactorily pass an optical examination conducted annually, indicating at least 20/20 vision, corrected, and the ability to distinguish colors;(3) agree to a complete background check to ensure the individual's integrity is above reproach;(4) satisfactorily pass a written examination prescribed by the executive secretary; and(5) demonstrate to the executive secretary's satisfaction that the individual's income from sources other than as a steward is unrelated to patronage of or employment by a licensee of the Commission.(b) To be appointed to serve as a steward, an individual must:(1) have served as an official at a race meeting recognized by the Commission or another racing jurisdiction; or(2) demonstrate to the satisfaction of the executive secretary that the individual has sufficient experience in a racing-related field to perform the duties of a steward.(c) The executive secretary shall administer the written examination for stewards. A passing grade for the written examination is 85%.", "sourceNote": "Source Note: The provisions of this §313.21 adopted to be effective August 30, 1989, 14 TexReg 4120; amended to be effective October 11, 1990, 15 TexReg 5699; amended to be effective May 1, 1992, 17 TexReg 2768; amended to be effective December 10, 1992, 17 TexReg 8292; amended to be effective February 10, 1998, 23 TexReg 750; amended to be effective October 30, 2000, 25 TexReg 10732." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119410", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.22", "label": "General Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82176", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the other duties described in these Rules, the stewards have the general authority and supervision over the conduct of each race and all licensees at a racetrack during a race meeting. If a question arises during a race meeting regarding the operations of a racetrack or the conduct of racing that is not covered by the Act or the Rules, the stewards shall resolve the question in conformity with custom, precedent, justice, and the best interest of racing.(b) The stewards are authorized to:(1) interpret and enforce the Act and the Rules and to determine all questions, disputes, complaints, or objections relating to racing matters in accordance with the applicable laws, taking into consideration such factors as, but not limited to, custom, precedent, justice, and the best interest of racing;(2) issue rulings, which supersede any orders of the association, on racing matters that may change the conduct of a race or race meeting;(3) review applications for individual licenses submitted at the racetrack, hold hearings on applications for individual licenses, and deny temporary or permanent licenses for grounds authorized by the Act or the Rules;(4) approve a substitute jockey, assistant trainer, or other substitute licensees requested by a trainer;(5) appoint a substitute official;(6) require a jockey, trainer, or other licensee to review a video replay of a race in which the person participated;(7) examine or order the examination of a horse or the ownership papers, certificates, or other documents pertaining to a horse's identification;(8) determine whether a disqualification is warranted if a foul or a riding infraction occurs; and(9) perform any other duty necessary on behalf of the Commission to ensure a race meeting is conducted in accordance with the Act and the Rules.(c) The stewards may, at any time, order an endoscopic examination of a horse to determine the presence of foreign material in the nasal passages that obstructs or could obstruct the flow of air into the horse's lungs. An examination ordered under this subsection must be:(1) performed by a veterinarian licensed by the Commission at the horse owner's expense; and(2) witnessed by a commission veterinarian.", "sourceNote": "Source Note: The provisions of this §313.22 adopted to be effective August 30, 1989, 14 TexReg 4120; amended to be effective May 13, 1993, 18 TexReg 2849; amended to be effective February 10, 1998, 23 TexReg 751; amended to be effective October 30, 2000, 25 TexReg 10732; amended to be effective April 4, 2005, 30 TexReg 1625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82176", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.23", "label": "Supervision of Entries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184864", "queryAsDate": "03/11/2026" }, "ruleBody": "At least one steward shall be present on association grounds during the taking of entries until the overnight is completed. The stewards shall oversee the taking of entries and supervise all scratches and declarations. To ensure the integrity of a race and the participants in a race, the stewards may:(1) require proof of a horse's or a person's eligibility to participate in a race;(2) refuse the entry of a horse in a race;(3) refuse to permit a scratch; or(4) limit entries when necessary to protect the safety and integrity of racing.", "sourceNote": "Source Note: The provisions of this §313.23 adopted to be effective August 30, 1989, 14 TexReg 4120; amended to be effective October 30, 2000, 25 TexReg 10732." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184864", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.24", "label": "Records and Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82179", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards shall prepare a report of all actions taken and observations made during each day's race program. The report must contain the name of the racetrack, the date, the weather and track conditions, claims, inquiries, and objections, and any unusual circumstances or conditions. The report must be signed by each steward and be filed with the executive secretary at the end of each race week.(b) The stewards shall maintain a detailed log of the stewards' official activities. The log must describe all questions, disputes, protests, complaints, or objections brought to the attention of the stewards and all interviews, investigations, and rulings made by the stewards. The log must be available at all times for inspection by the executive secretary.(c) Not later than seven days after the last day of a race meeting, the presiding steward shall submit to the executive secretary a written report regarding the race meeting. The report must contain:(1) the presiding steward's observations and comments regarding the conduct of the race meeting and the overall conditions of the association grounds during the race meeting; and(2) any recommendations for improvement by the association or action by the Commission and any recommendations for changes to the Rules.", "sourceNote": "Source Note: The provisions of this §313.24 adopted to be effective August 30, 1989, 14 TexReg 4120; amended to be effective October 11, 1990, 15 TexReg 5699; amended to be effective October 30, 2000, 25 TexReg 10732; amended to be effective July 17, 2017, 42 TexReg 3539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82179", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.25", "label": "Steward's List" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "710", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards shall maintain a steward's list of the horses that are ineligible to start in a race because of:(1) poor or inconsistent performance; or(2) behavior on the racetrack that endangers the health or safety of other participants in racing.(b) To be removed from the steward's list a horse must, during a workout or schooling race, perform in a manner satisfactory to show the stewards that the horse:(1) will no longer pose a threat to other participants; and(2) will be competitive in a race in which it participates.", "sourceNote": "Source Note: The provisions of this §313.25 adopted to be effective August 30, 1989, 14 TexReg 4120; amended to be effective October 11, 1990, 15 TexReg 5699; amended to be effective October 1, 1996, 21 TexReg 9062; amended to be effective October 30, 2000, 25 TexReg 10732." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "710", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.26", "label": "Posting of Track Condition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143871", "queryAsDate": "03/11/2026" }, "ruleBody": "The stewards shall post on the tote board a description of the condition of the track surface and shall update the description during the race day as the track condition changes.", "sourceNote": "Source Note: The provisions of this §313.26 adopted to be effective November 3, 1989, 14 TexReg 5622." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143871", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.41", "label": "Racing Secretary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82181", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The racing secretary shall supervise the operations of the racing office and its employees. The racing secretary shall:(1) inspect all documents relating to the ownership(2) write the conditions of all races, including Texas-Bred races as required by the Act, and publish the conditions in a manner that allows sufficient notice to all interested persons;(3) act as the official handicapper in all races;(4) supervise the drawing of all races and post the overnight which lists the horses in post position order, the jockeys, the weight to be carried, and the conditions and purse of each race immediately after the drawing;(5) maintain the preferred list of horses;(6) ensure that the information printed in the program and racing forms is accurate;(7) keep a record of all races;(8) allocate stalls in accordance with the Act and the Rules; and(9) perform all other duties imposed on the racing secretary by the Rules.(b) The racing secretary may delegate to the assistant racing secretary or other racing office employee any duty imposed on the racing secretary.(c) In handicap races, the racing secretary shall assign weight to each horse and shall post the weights in handicaps before the end of the day set for publication of the assigned weights.", "sourceNote": "Source Note: The provisions of this §313.41 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective August 1, 1994, 19 TexReg 5480; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective April 4, 2005, 30 TexReg 1625; amended to be effective January 5, 2010, 35 TexReg 93." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82181", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.42", "label": "Morning Clocker" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119412", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The morning clocker shall identify each horse that comes on the racetrack to work and shall record the accurate time of the horse's work. Each day, the morning clocker shall prepare a list of works that describes, for that morning's works, the name of the horse, the distance of the work, and the time of the work. The morning clocker shall ensure the accuracy of the list of works and any other documentation regarding a work performed at that track.(b) Immediately on completion of the morning works, the morning clocker shall deliver the list of works to:(1) the stewards; and(2) the racing secretary.", "sourceNote": "Source Note: The provisions of this §313.42 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119412", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.43", "label": "Official Timer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82183", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the end of a race, the official timer shall post the official time on the tote board on instruction by the stewards.(b) The official timer shall post the quarter times (splits) for thoroughbred races in fractions on the tote board as a race is being run. For quarter horse races, the timer shall post the official times in hundredths of a second.(c) For back-up purposes, the official timer shall also use a stop watch to time all races and in time trials, the official timer shall ensure that at least two stop watches are used by the stewards or their designees.", "sourceNote": "Source Note: The provisions of this §313.43 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective April 4, 2005, 30 TexReg 1625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82183", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.44", "label": "Paddock Judge" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119413", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The paddock judge shall supervise the assembling of the horses scheduled to race and shall have general supervision over the saddling equipment.(b) The paddock judge shall supervise the saddling of horses in the saddling stalls and the departure of the horses for the post.(c) The paddock judge shall maintain a record of all equipment on a horse saddled for a race and shall report to the stewards any change indicated at a subsequent saddling.(d) The paddock judge shall prohibit any change of saddling equipment without the approval of the stewards.(e) The paddock judge shall maintain a list of horses that are ineligible to be entered in a race because of poor or inconsistent performance or behavior in the paddock that endangers the health or safety of other participants in racing. At the end of each race day, the paddock judge shall provide a copy of the list to the stewards. To be removed from the paddock judge's list, a horse must be schooled in the paddock and demonstrate to the satisfaction of the paddock judge and the stewards that the horse is capable of performing safely in the paddock.", "sourceNote": "Source Note: The provisions of this §313.44 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119413", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.45", "label": "Clerk of Scales" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82185", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The clerk of scales shall report to the stewards any jockeys who are late to weigh for the day's races and any jockeys who are having difficulty maintaining their riding weight.(b) The clerk of scales shall verify the weight of each jockey at the time of weighing out and weighing in, and shall immediately report any discrepancies to the stewards.(c) The clerk of scales shall notify the stewards of any change of jockeys, alteration of colors, or weight change.(d) The clerk of scales shall:(1) provide the association with a report of the weight carried in each race and the names of the jockeys, specifying any overweight; and(2) provide to the horsemen's bookkeeper a program that indicates all jockey changes and the order of finish for each race.(e) The clerk of scales shall supervise the conduct of the jockeys and their attendants while they are in the jockeys' room.(f) The clerk of scales shall maintain a record of applicable winning races on all apprentice certificates. At the end of the race meeting or on the departure of an apprentice jockey, the clerk of scales shall deliver the appropriate apprentice certificate to the apprentice jockey.", "sourceNote": "Source Note: The provisions of this §313.45 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 11, 1990, 15 TexReg 5699; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective April 4, 2005, 30 TexReg 1625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82185", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.46", "label": "Placing Judges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82186", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The placing judges shall place the horses as they pass the finish line and display the results.(b) In the event of a photofinish or if the placing judges are not unanimous as to the correct order of finish, the judges shall submit a photograph of the finish to the stewards for examination and a determination of the result. The decision of the stewards under this subsection is final.", "sourceNote": "Source Note: The provisions of this §313.46 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82186", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.47", "label": "Patrol Judges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82187", "queryAsDate": "03/11/2026" }, "ruleBody": "The patrol judges, if used, shall view the running of each race from the appropriate patrol tower and report to the stewards each incident occurring during the race.", "sourceNote": "Source Note: The provisions of this §313.47 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82187", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.48", "label": "Commission Veterinarians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145009", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission veterinarians shall supervise all veterinary practices on association grounds, advise the executive secretary and the stewards on all veterinary matters, and perform all other duties required by the executive secretary or the Rules.", "sourceNote": "Source Note: The provisions of this §313.48 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145009", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.49", "label": "Starter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155506", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The starter shall issue orders and take measures necessary to ensure a fair start.(b) The starter may appoint assistant starters. The starter shall ensure the assistant starters have adequate training in the safe handling of horses in the starting gate.(c) The starter shall maintain a list of horses that are ineligible to start in a race because of poor or inconsistent performance or behavior at the starting gate that endangers the health or safety of other participants in racing. To be removed from the starter's list, a horse must be schooled in the starting gate and demonstrate to the satisfaction of the starter that the horse is capable of standing safely in the starting gate.(d) The starter shall assign the stall positions to the assistant starters at random. The starter may not notify the assistant starters of their respective stall positions for a race more than 10 minutes before post time for the race. With the approval of the stewards, the starter may make exceptions to this subsection if necessary to ensure the safety of the race participants and the integrity of racing.(e) The starter shall assess the ability of each individual, applying for an apprentice jockey's license for the first time, in breaking from the starting gate and working a horse in the company of other horses.", "sourceNote": "Source Note: The provisions of this §313.49 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 1, 1996, 21 TexReg 9062; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective March 25, 2010, 35 TexReg 2311." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155506", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.50", "label": "Horse Identifiers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82189", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The horse identifier shall identify each horse prior to the race while it is in the pre-race holding area or paddock. The horse identifier shall immediately report to the stewards and paddock judge a horse that is not properly identified or that has any irregularities from the official identification record.(b) The horse identifier shall determine the true sex of each horse prior to the race while it is in the pre-race holding area or paddock. The horse identifier shall report to the stewards any discrepancies and take all actions necessary to correct racing program information and identification documents.(c) The horse identifier shall inspect, identify, and prepare identification records on all horses that race at a race meeting.(d) The horse identifier shall inspect documents of ownership, eligibility, registration, or breeding necessary to ensure the proper identification of each horse scheduled to compete at a race meeting.(e) The horse identifier shall supervise the tattooing or branding for identification of any horse located on association grounds.", "sourceNote": "Source Note: The provisions of this §313.50 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 11, 1990, 15 TexReg 5699; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective March 6, 2012, 37 TexReg 1509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82189", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.51", "label": "Horseshoe Inspector" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82190", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The horseshoe inspector shall inspect the horseshoes of each horse in the paddock. The inspector shall immediately report to the stewards and paddock judge a horse that is improperly shod.(b) The horseshoe inspector shall maintain a record of unusual types of racing plates worn by each horse scheduled to race. With the approval of the stewards, the horseshoe inspector may order adjustments or corrections to the racing plates of a horse.", "sourceNote": "Source Note: The provisions of this §313.51 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82190", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.52", "label": "Jockey Room Custodian" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the absence of the clerk of scales, the jockey room custodian shall supervise the conduct of the jockeys and their attendants while they are in the jockey room.(b) The jockey room custodian shall:(1) keep the jockey room clean and safe for all jockeys;(2) ensure all jockeys are in the correct colors before leaving the jockey room to prepare for mounting their horses;(3) keep a daily video review list as dictated by the stewards and have it displayed in plain view for all jockeys;(4) keep a daily program displayed in plain view for the jockeys so they may have ready access to mounts that may become available;(5) keep unauthorized individuals out of the jockey room; and(6) report to the stewards any unusual occurrences in the jockey room.", "sourceNote": "Source Note: The provisions of this §313.52 adopted to be effective August 30, 1989, 14 TexReg 4121; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119414", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.53", "label": "Mutuel Manager" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "713", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to other duties described in these Rules, the mutuel manager shall supervise the operations of the pari-mutuel department of the association and its employees. The mutuel manager shall ensure the accuracy of the amounts in all pools and the amounts to be paid on winning wagers.(b) The mutuel manager may designate a representative to serve in the mutuel manager's absence, subject to approval by the executive secretary.", "sourceNote": "Source Note: The provisions of this §313.53 adopted to be effective November 3, 1989, 14 TexReg 5622; amended to be effective May 1, 1996, 21 TexReg 3363; amended to be effective April 4, 2005, 30 TexReg 1625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "713", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.54", "label": "Track Superintendent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9235", "queryAsDate": "03/11/2026" }, "ruleBody": "The track superintendent shall ensure that the racetrack is properly maintained. The track superintendent shall ensure that all track equipment is operable for all races and during training hours.", "sourceNote": "Source Note: The provisions of this §313.54 adopted to be effective November 3, 1989, 14 TexReg 5622." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9235", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.55", "label": "Assistant Racing Secretary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9226", "queryAsDate": "03/11/2026" }, "ruleBody": "The assistant racing secretary shall perform any duty assigned by the racing secretary and shall assist the racing secretary in the performance of the racing secretary's duties.", "sourceNote": "Source Note: The provisions of this §313.55 adopted to be effective November 3, 1989, 14 TexReg 5622." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9226", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.56", "label": "Stable Superintendent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82191", "queryAsDate": "03/11/2026" }, "ruleBody": "The stable superintendent shall supervise the systematic placement of horses in stalls. The stable superintendent shall maintain a log of all horses arriving and departing the stable area.", "sourceNote": "Source Note: The provisions of this §313.56 adopted to be effective November 3, 1989, 14 TexReg 5622; amended to be effective October 11, 1990, 15 TexReg 5700; amended to be effective January 3, 1996, 20 TexReg 11011." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82191", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.57", "label": "Announcer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "714", "queryAsDate": "03/11/2026" }, "ruleBody": "The announcer shall promptly make all announcements to the patrons that are required by the Rules, including announcements regarding scratches, jockey changes, jockey overweights, and other information pertinent to the running of the race. The announcer shall make all announcements from the stewards regarding objections and inquiries concerning a race.", "sourceNote": "Source Note: The provisions of this §313.57 adopted to be effective November 3, 1989, 14 TexReg 5622; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "714", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.58", "label": "Outriders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145010", "queryAsDate": "03/11/2026" }, "ruleBody": "The outriders shall ensure the post parade is conducted in an orderly manner. The outriders shall retrieve loose horses or horses that run off during racing or training hours.", "sourceNote": "Source Note: The provisions of this §313.58 adopted to be effective November 3, 1989, 14 TexReg 5622." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145010", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.59", "label": "Assistant Starters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The assistant starters shall be supervised by the starter. The assistant starters shall load the horses into the starting gate and, when required, head the horses in the starting gate.(b) With respect to an official race, the assistant starters shall not:(1) handle or take charge of any horse in the starting gate without the expressed permission of the starter;(2) impede the start of a race;(3) apply a whip or other device, with the exception of steward-approved twitches, to assist in loading a horse into the starting gate;(4) slap, boot, or otherwise dispatch a horse from the starting gate; or(5) strike or use abusive language to a jockey.", "sourceNote": "Source Note: The provisions of this §313.59 adopted to be effective November 3, 1989, 14 TexReg 5622; amended to be effective March 25, 2010, 35 TexReg 2311." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.60", "label": "Test Barn Technicians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225395", "queryAsDate": "03/11/2026" }, "ruleBody": "The test barn technicians shall perform any duty required by the test barn supervisor and shall assist in the collection of specimens for testing and in the maintenance of the test barn facilities.", "sourceNote": "Source Note: The provisions of this §313.60 adopted to be effective November 3, 1989, 14 TexReg 5622; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective April 4, 2005, 30 TexReg 1625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225395", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§313.61", "label": "Horsemen's Bookkeeper" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157413", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Designation of horsemen's bookkeeper.(1) An association shall ensure a horsemen's bookkeeper is available to maintain the horsemen's account.(2) The executive director may designate an entity unrelated to the association to serve as the horsemen's bookkeeper. To be designated as the horsemen's bookkeeper, an entity must annually submit a plan of operation acceptable to the executive director that demonstrates the entity's ability to perform the duties of the horsemen's bookkeeper.(3) A designation as horsemen's bookkeeper does not constitute a license, but the executive director may require any individual involved with a designated entity to receive a license.(4) If the executive director approves an association's request to designate an entity as horsemen's bookkeeper, the association is relieved of responsibility for providing a horsemen's bookkeeper and shall cooperate fully with the horsemen's bookkeeper designated by the executive director.(b) Revocation of designation.(1) A designation as the horsemen's bookkeeper continues in effect until revoked by the executive director.(2) The executive director may revoke a designation as the horsemen's bookkeeper if the executive director determines the designated entity has:(A) failed to comply with the Act, or the plan of operation, in a manner that indicates malfeasance as opposed to mere mistake;(B) failed to maintain accurate and reliable records;(C) misappropriated or mishandled funds in its possession or control;(D) failed to correct within a reasonable time any deficiency in operations identified by the executive director in writing; or(E) had its authority to act as a horsemen's bookkeeper revoked in another jurisdiction.(3) Before revoking a designation as horsemen's bookkeeper, the executive director must issue a notice of proposed revocation which specifically describes the grounds for revocation. No later than 30 days after receiving a notice of proposed revocation, the entity may file a written response to the allegations with the executive director.(4) The executive director may not revoke a designation without making adequate provision for a successor horsemen's bookkeeper.(c) Operations of horsemen's bookkeeper.(1) Each owner engaged in racing must open and maintain an account with the horsemen's bookkeeper. The horsemen's bookkeeper may permit other individuals to open and maintain an account with the horsemen's bookkeeper, subject to the approval of the executive director. The aggregate of all such accounts is the horsemen's account.(2) The horsemen's bookkeeper shall keep accurate records of the horsemen's account and the constituent accounts. The horsemen's bookkeeper shall:(A) promptly credit each account with all earnings, awards, and deposits;(B) deduct or disburse all payments as directed by the owner or authorized agent;(C) render periodic statements of each constituent account; and(D) perform all other duties and functions as may be required by the Act or the Rules.(d) Audit. The executive director may at any time inspect, review or audit the records and performance of the horsemen's bookkeeper. Not later than June 15 of each year beginning in 2026, the horsemen's bookkeeper shall submit to the Commission audited financial statements. The funds received and/or expended by the horsemen's bookkeeper from the horse industry escrow account must be included in the audit. An auditor's statement must be included as part of the annual audit attesting to the proper use of the funds received from the horse industry escrow account by the horsemen's bookkeeper.", "sourceNote": "Source Note: The provisions of this §313.61 adopted to be\r\neffective June 15, 1998, 23 TexReg 5962; amended to be effective October\r\n30, 2000, 25 TexReg 10733; amended to be effective July 23, 2025,\r\n50 TexReg 4087." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157413", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.101", "label": "Entry Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The racing secretary is responsible for receiving entries for all races.(b) Except as otherwise provided by this section, an entry must be in writing on a form provided by the association.(c) An entry must be made in writing, by telephone, or by facsimile to the racing secretary, but must be confirmed in writing should the stewards or racing secretary so request.(d) If a horse is being entered for the first time at a race meeting, the horse must be identified on the entry by stating its name, color, sex, age, and the name of its sire and dam, as registered with the appropriate breed registry.(e) A horse which, during the 12-month period preceding the date of a race, has started in a race where past performance lines are available, but which are not on file with the Daily Racing Form or Equibase, may not be entered at a racetrack licensed in this state unless the owner of the horse has furnished performance records to the racing secretary at the time of entry.(f) A person entering a dually registered Accredited Texas Bred horse in a mixed breed conditioned race shall declare during entry which breed the horse shall run as for purposes of Breeder Awards eligibility.", "sourceNote": "Source Note: The provisions of this §313.101 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 11, 1990, 15 TexReg 5700; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective April 4, 2005, 30 TexReg 1626; amended to be effective January 5, 2010, 35 TexReg 93; amended to be effective July 12, 2012, 37 TexReg 5131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82252", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.102", "label": "Intent and Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194526", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual may not enter or attempt to enter a horse for a race unless:(1) the individual is authorized under the Rules to make the entry; and(2) the entry is bona fide, made with the intent that the horse compete in the race in which it is entered.(b) A signed entry form is prima facie evidence that the entry form expresses the desire and intent of the person making the entry.", "sourceNote": "Source Note: The provisions of this §313.102 adopted to be effective August 30, 1989, 14 TexReg 4125; amended to be effective December 26, 1990, 15 TexReg 7180; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194526", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.103", "label": "Eligibility Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157412", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be entered in a race, a horse must:(1) be properly registered with the appropriate national breed registry;(2) be eligible to enter the race under the conditions of the race; and(3) if the horse is to start for the first time:(A) be approved by a licensed starter for proficiency in the starting gate within 90 days of the race entered; and(B) have two published workouts, one within 90 days and one within 60 days of the race entered.(b) A horse that has been barred in any racing jurisdiction is ineligible to start or be entered in a race without the approval of the stewards.(c) To be eligible to enter a Texas-bred race, the horse must be an accredited Texas-bred horse and be registered with the appropriate breed registry.(d) A horse may not be entered in more than one race scheduled for one race day, unless at least one of the races is a stakes race.(e) A horse may not start in a stakes race unless:(1) the nominating, sustaining, entry, and starting fees have been paid in full by cash, cashier's check, certified check, or money order on or before the time specified in the conditions of the race; or(2) the amount of the applicable fees are on account with the horsemen's bookkeeper at the time the fees are due as specified by the conditions of the race.(f) Except as otherwise provided by this section for first-time starters, to be eligible to start in a race, a horse must have either started in a race or had a published workout in the 60-day period preceding a race.(g) To be entered in a race around a turn for the first time, a quarter horse, paint horse, or appaloosa must:(1) have a published workout around a turn at a minimum distance of 660 yards in the 60-day period preceding the race; and(2) be approved by the clocker, the outrider and, if the horse is worked from the gate, the starter.(h) To be eligible to start in a race, a horse must be properly tattooed and/or microchipped and the horse's registration certificate, or certificates if dually registered, showing the tattoo number and/or microchip number of the horse must be on file with the racing secretary before scratch time for the race, unless the stewards authorize the certificate or certificates to be filed at a later time.", "sourceNote": "Source Note: The provisions of this §313.103 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective January 10, 1990, 15 TexReg 28; amended to be effective October 11, 1990, 15 TexReg 5700; amended to be effective August 3, 1992, 17 TexReg 5083; amended to be effective September 1, 1993, 18 TexReg 5397; amended to be effective November 1, 1993, 18 TexReg 7158; amended to be effective November 1, 1994, 19 TexReg 8110; amended to be effective June 1, 1995, 20 TexReg 3661; amended to be effective February 4, 1997, 22 TexReg 953; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effectiveJuly 12, 2012, 37 TexReg 5131; amended to be effective March 6, 2014, 39 TexReg 1359; amended to be effective April 8, 2019, 44 TexReg 1717." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157412", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.104", "label": "Registration Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "716", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A certificate of registration or eligibility certificate filed with an association to establish eligibility of a horse to be entered in a race must accurately reflect the correct and true ownership of the horse. The stewards may authorize the entry of a horse with a pending transfer.(b) The name of the owner printed on the program must conform to the ownership declared on the certificate of registration or eligibility certificate, unless a stable name has been registered for the owner.(c) An individual may not alter or forge a certificate of registration, certificate of eligibility, or other document relating to ownership or registration.(d) The racing secretary shall ensure that registration certificates are secured in a manner that prevents access by unauthorized individuals.(e) Not later than 24 hours after a trainer brings a horse on to association grounds, the trainer shall register the horse with the racing secretary.(f) If a horse is dually registered and entered in a claiming race, both certificates of registration must be in the racing secretary's office.", "sourceNote": "Source Note: The provisions of this §313.104 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective June 15, 1997, 22 TexReg 4572; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective July 12, 2012, 37 TexReg 5131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "716", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.105", "label": "Changes in Ownership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143873", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All entries and rights of entry survive when a horse is sold with engagements duly transferred. If a horse is sold with engagements, the seller may not strike the horse out of the engagements.(b) An entry or right of entry remains valid on the death of the nominator unless the conditions of the race state otherwise.", "sourceNote": "Source Note: The provisions of this §313.105 adopted to be effective August 30, 1989, 14 TexReg 4123." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143873", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.106", "label": "Closing Entries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The racing secretary shall close entries at the advertised time and may not accept any entries after that time. The racing secretary may postpone the closing of overnight races.(b) After entries are closed, an entry may not be altered, other than to correct an error.(c) If the number of entries exceeds the number of horses that may start in a race, due to track limitations, the racing secretary may split the race and the starters will be determined by lot.(d) If a race is canceled because of insufficient entries, the racing secretary may split any overnight race or write a substitute race in place of the canceled race. Where an overnight race is split, forming two or more separate races, the racing secretary shall give notice of not less than 15 minutes before such races are closed to grant time for making additional entries to such split races.(e) The owner or trainer of a horse that has been entered in a race who does not wish the horse to participate in the race must withdraw the horse from the race before entries are closed.", "sourceNote": "Source Note: The provisions of this §313.106 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective June 15, 1997, 22 TexReg 4573; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective January 5, 2010, 35 TexReg 93." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82255", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.107", "label": "Draw for Post Position" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119417", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After the entries are closed, the racing secretary shall designate two people who are owners, trainers, or racing officials to draw the entry sheets and post position numbers.(b) The draw shall be held in public. A horse drawn is entitled to the position at the post corresponding to the number drawn.(c) No later than scratch time or at the draw if there is no scratch time, the owner or trainer of the horse shall designate the jockey who will ride the horse in the race.", "sourceNote": "Source Note: The provisions of this §313.107 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 11, 1990, 15 TexReg 5700; amended to be effective September 30, 1991, 16 TexReg 5068; amended to be effective October 30, 2000, 25 TexReg 10733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119417", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.108", "label": "Preferred List" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27934", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The racing secretary shall maintain a preferred list of entered horses eliminated from starting by a surplus of entries.(b) The racing secretary shall update daily the preference designation for each horse, based on the races for which the horse has been entered, started, or scratched. A trainer or owner may file a claim of error in the preferred list with the racing secretary.(c) The racing secretary may not use the \"star system\" of recording preferences.(d) An \"in today\" horse has least preference.", "sourceNote": "Source Note: The provisions of this §313.108 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 11, 1990, 15 TexReg 5700; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective April 4, 2005, 30 TexReg 1626." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27934", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.109", "label": "Change in Conditions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208223", "queryAsDate": "03/11/2026" }, "ruleBody": "After the racing secretary has received an entry to a race for which conditions have been published, the secretary may not change or supplement the conditions for the race.", "sourceNote": "Source Note: The provisions of this §313.109 adopted to be effective August 30, 1989, 14 TexReg 4123." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208223", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.110", "label": "Coupled Entries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135815", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not more than two horses that have common interests through ownership, training, or lease may be entered in an overnight race, unless the race is divided.(b) In overnight races, the stewards may allow no more than two horses owned in whole or in part by the same individual or entity to race as separate wagering interests.(c) In stakes races, the stewards may allow two or more horses owned in whole or in part by the same individual or entity to race as separate wagering interests.", "sourceNote": "Source Note: The provisions of this §313.110 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 11, 1990, 15 TexReg 5700; amended to be effective October 30, 2000, 25 TexReg 10733; amended to be effective April 4, 2005, 30 TexReg 1626; amended to be effective June 12, 2011, 36 TexReg 3595; amended to be effective July 7, 2014, 39 TexReg 5149; amended to be effective November 2, 2015, 40 TexReg 7669; amended to be effective March 2, 2022, 47 TexReg 915." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135815", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.111", "label": "Age Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91400", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A yearling is not eligible to start in a race.(b) A two-year-old horse may not start in a pari-mutuel race in Texas before March 1.(c) A racing secretary may not schedule:(1) a race for two-year old quarter horses longer than 350 yards before May 1 or longer than 400 yards before August 1; or(2) a race for two-year old thoroughbreds longer than 4 1/2 furlongs before May 1 or at one mile or longer before August 1.(d) A horse that is more than 12 years of age may not start in a pari-mutuel race in this state unless:(1) the horse has finished first, second, or third in an officially sanctioned pari-mutuel race during the 12-month period preceding the race in which the horse is to start; or(2) upon due consideration of the horse's prior performance, the board of stewards has given specific authorization for the horse to start.", "sourceNote": "Source Note: The provisions of this §313.111 adopted to be effective November 3, 1989, 14 TexReg 5622; amended to be effective October 11, 1990, 15 TexReg 5701; amended to be effective July 1, 1992, 17 TexReg 4345; amended to be effective June 15, 1997, 22 TexReg 4573; amended to be effective March 20, 2008, 33 TexReg 2310." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91400", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.112", "label": "Objection to Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82259", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who wishes to protest the eligibility of a horse in a race or to protest the weight to be carried by a horse must make the protest with the stewards or other racing officials not less than one hour before post time for the first race on the day in which the horse is entered.(b) Notwithstanding subsection (a) of this section, the stewards may take any action necessary to correct the eligibility, weight, or equipment of a horse at any time before the start of the race in which the horse is scheduled to compete.(c) If the stewards determine before the start of a race that a horse entered in the race is not eligible for the race, the stewards shall immediately scratch the ineligible horse.", "sourceNote": "Source Note: The provisions of this §313.112 adopted to be effective January 1, 2002, 26 TexReg 10533." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82259", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.131", "label": "Scratch Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A request to scratch a horse must be in writing on a form provided by the association. Only a racing official, the owner or trainer of the horse, or the authorized agent of the owner may request that the horse be scratched.(b) A horse may not be scratched from a race without the approval of the stewards.", "sourceNote": "Source Note: The provisions of this §313.131 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 30, 2000, 25 TexReg 10734." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82260", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.132", "label": "Scratch Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82261", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may designate a \"scratch time\" for each race day.(b) The trainer of a horse that has drawn into or is also eligible for a race who does not wish the horse to start in the race must submit a request to scratch the horse from the race before scratch time.(c) Except as otherwise provided by this subchapter, a horse may not be scratched from a race after scratch time for that race.(d) An association may set a minimum number of horses remaining in the body of a race, other than a stakes race, before a veterinary reason is required to scratch a horse.", "sourceNote": "Source Note: The provisions of this §313.132 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 11, 1990, 15 TexReg 5701; amended to be effective May 1, 1996, 21 TexReg 3363; amended to be effective October 30, 2000, 25 TexReg 10734." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82261", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.133", "label": "Scratch Irrevocable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82262", "queryAsDate": "03/11/2026" }, "ruleBody": "The scratch of a horse from a race is irrevocable.", "sourceNote": "Source Note: The provisions of this §313.133 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 30, 2000, 25 TexReg 10734." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82262", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.134", "label": "Obligation To Start" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119419", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A horse who is entered in a race is obligated to start the race, unless the horse is scratched from the race in accordance with this subchapter.(b) A person who fails to start a horse when the horse is obligated to start is subject to disciplinary action by the stewards.", "sourceNote": "Source Note: The provisions of this §313.134 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 30, 2000, 25 TexReg 10734." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119419", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.135", "label": "Scratch by Stewards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119420", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards may scratch a horse from a race when, in the opinion of a veterinarian licensed by the Commission, the horse cannot give its best efforts to win the race due to a physical disability or other physical cause. A horse scratched from a race under this subsection shall be placed on the veterinarian's list and is ineligible to start in a race in Texas until removed from the list by the commission veterinarian.(b) The stewards may scratch a horse from a race without penalty to the horse or its owner or trainer when the stewards determine the scratch is in the best interests of racing.", "sourceNote": "Source Note: The provisions of this §313.135 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 30, 2000, 25 TexReg 10734; amended to be effective April 4, 2005, 30 TexReg 1626." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119420", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.136", "label": "Scratches in Stakes Races" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9244", "queryAsDate": "03/11/2026" }, "ruleBody": "A horse entered in a stakes race may be scratched from the race at any time before one hour before post time for the race.", "sourceNote": "Source Note: The provisions of this §313.136 adopted to be effective August 30, 1989, 14 TexReg 4123; amended to be effective October 30, 2000, 25 TexReg 10734; amended to be effective April 4, 2005, 30 TexReg 1626." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9244", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.161", "label": "Responsibility for Correct Weight" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The trainer of a horse entered in a race shall ensure that the horse carries the correct weight for that race.(b) Weight penalties are obligatory. Weight allowances other than a sex allowance in a thoroughbred race are optional.", "sourceNote": "Source Note: The provisions of this §313.161 adopted to be effective August 30, 1989, 14 TexReg 4234; amended to be effective October 11, 1990, 15 TexReg 5701; amended to be effective February 1, 1995, 19 TexReg 10356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82265", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.162", "label": "Claim for Allowance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9246", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A claim for a weight allowance must be made at the time the horse is entered in a race.(b) Failure to claim an allowance at entry is not grounds to scratch a horse from the race.", "sourceNote": "Source Note: The provisions of this §313.162 adopted to be effective August 30, 1989, 14 TexReg 4234; amended to be effective October 30, 2000, 25 TexReg 10735." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9246", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.163", "label": "Improper Claim for Allowance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not claim a weight allowance for a horse to which the horse is not entitled.(b) An improper claim for an allowance in violation of this section is not grounds to disqualify a horse unless the horse actually carries the incorrect weight in the race.(c) A person making an improper claim for an allowance in violation of this section is subject to disciplinary action by the stewards.", "sourceNote": "Source Note: The provisions of this §313.163 adopted to be effective August 30, 1989, 14 TexReg 4234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82266", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.164", "label": "Records Conclusive" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119421", "queryAsDate": "03/11/2026" }, "ruleBody": "In determining the eligibility and weight allowances for a horse, the records of the racing secretary, in conjunction with the statistics and records of the racing form company hired by the association, are conclusive.", "sourceNote": "Source Note: The provisions of this §313.164 adopted to be effective August 30, 1989, 14 TexReg 4234; amended to be effective October 30, 2000, 25 TexReg 10735." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119421", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.165", "label": "Sex Allowance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119422", "queryAsDate": "03/11/2026" }, "ruleBody": "Except in a race for which the conditions expressly state otherwise, a thoroughbred or Arabian filly may claim the following allowances:(1) a filly that is two years old is allowed three pounds;(2) a filly that is three years of age or older is allowed:(A) five pounds, beginning January 1 and ending August 31; and(B) three pounds beginning September 1 and ending December 31.", "sourceNote": "Source Note: The provisions of this §313.165 adopted to be effective August 30, 1989, 14 TexReg 4234; amended to be effective October 30, 2000, 25 TexReg 10735; amended to be effective April 4, 2005, 30 TexReg 1626." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119422", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.166", "label": "Apprentice Allowance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An apprentice jockey is entitled to ride with a five-pound weight allowance in all thoroughbred and Arabian races except handicap or stakes races beginning with the jockey's first mount and continuing for 12 months after the date of the jockey's fifth winning mount.(b) If during the 12-month period after an apprentice jockey rides the jockey's fifth winning mount the apprentice jockey fails to ride at least 40 winners, the jockey may continue to ride with the five-pound allowance for a second 12-month period after riding the fifth winning mount or until the jockey has ridden 40 winners, whichever occurs first. In no event may a weight allowance be claimed for more than two years from the date of the fifth winning mount unless the stewards have granted an extension under this section.(c) Extensions.(1) The stewards may extend the weight allowance of an apprentice jockey if the stewards determine the apprentice jockey was unable to ride for at least seven consecutive days due to:(A) physical disability or illness;(B) military service;(C) attendance in an institution of secondary or higher education;(D) a restriction on racing; or(E) other valid reasons.(2) An apprentice jockey requesting an extension must provide documentation to the stewards verifying the time lost. If an apprentice jockey has requested an extension from another racing commission, the Commission is bound by the decision of the other racing commission.", "sourceNote": "Source Note: The provisions of this §313.166 adopted to be effective August 30, 1989, 14 TexReg 4234; amended to be effective October 11, 1990, 15 TexReg 5701; amended to be effective February 10, 1998, 23 TexReg 751; amended to be effective February 10, 1998, 23 TexReg 751; amended to be effective October 30, 2000, 25 TexReg 10735; amended to be effective April 4, 2005, 30 TexReg 1626." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9248", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.167", "label": "Prohibited Allowances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192082", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a horse may not be allowed a weight reduction solely for having been beaten in a race.(b) The racing secretary may provide an allowance to:(1) a maiden in a winners' race; or(2) a horse that has not won a race within a specified period of time or of a specified value.", "sourceNote": "Source Note: The provisions of this §313.167 adopted to be effective August 30, 1989, 14 TexReg 4234; amended to be effective October 11, 1990, 15 TexReg 5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192082", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "B", "label": "ENTRIES, SCRATCHES, AND ALLOWANCES" }, "rule": { "number": "§313.168", "label": "Scale of Weights for Age" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143874", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except for a race in which the conditions expressly provide otherwise, the weight to be carried by a thoroughbred or Arabian horse in a race shall be determined in accordance with the following scale.Attached Graphic(b) Except for a race in which the conditions expressly provide otherwise, the weight to be carried by a quarter horse, paint horse, or Appaloosa horse in a race during all months and for all distances shall be as follows: (1) for two year olds, 124 pounds;(2) for three year olds, 125 pounds; and(3) for four year olds and older, 128 pounds.", "sourceNote": "Source Note: The provisions of this §313.168 adopted to be effective August 30, 1989, 14 TexReg 4234; amended to be effective October 30, 2000, 25 TexReg 10735; amended to be effective September 4, 2018, 43 TexReg 5680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143874", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.301", "label": "Eligibility to Claim" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, in a claiming race, each horse is subject to be claimed for its entered price by:(1) a licensed owner or lessee or an authorized agent acting on behalf of the owner or lessee; or(2) a person who has applied for an owner's license and has been granted approval by the stewards to make a claim.(b) A claim may not be made directly or indirectly by an owner for his or her own horse.(c) If the person making a claim is a minor, the claim must be co-signed by a licensed adult parent or guardian of the minor. A parent or guardian who co-signs a claim is liable for the claim. A claim made by a minor that is not co-signed in accordance with this subsection is invalid.", "sourceNote": "Source Note: The provisions of this §313.301 adopted to be effective August 30, 1989, 14 TexReg 4124; amended to be effective October 11, 1990, 15 TexReg 5702; amended to be effective May 1, 1996, 21 TexReg 3364; amended to be effective January 5, 2010, 35 TexReg 93." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82270", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.302", "label": "Claim Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223832", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A steward or a designee of the stewards shall supervise the making of claims and ensure the accuracy of all claims made in a race.(b) A claim must be made in writing on forms and in envelopes approved by the executive secretary. The form and envelope must be filled out completely and must be accurate in every detail. For purposes of this section, the name of the horse as it appears in the official program governs.(c) The person making a claim is responsible for determining the sex of the horse.(d) A claim must be time stamped with the official track time shown on the tote board and deposited in a locked box provided by the racing secretary not later than 15 minutes before post time of the race in which the horse being claimed is to start. A person may not place money or its equivalent in the claim box.(e) Before the deadline for filing claims for a race, a person may not:(1) open the box in which claims are deposited; or(2) reveal information regarding the filing of a claim.(f) After the deadline for filing claims for a race, a steward or a designee of the stewards shall open the box, examine the claims, and notify the stewards of all accurate claims. The steward or designee will then notify the horsemen's bookkeeper of the claims to determine whether the appropriate amount is on deposit with the bookkeeper in accordance with this subchapter and to debit the claimant's account for the amount of the claim, plus all applicable fees. If more than one person enters a claim for a horse, a steward or a designee of the stewards shall determine the disposition of the horse by lot.", "sourceNote": "Source Note: The provisions of this §313.302 adopted to be effective August 30, 1989, 14 TexReg 4124; amended to be effective October 11, 1990, 15 TexReg 5702; amended to be effective January 2, 1992, 16 TexReg 7484; amended to be effective October 30, 2000, 25 TexReg 10735." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223832", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.303", "label": "Effective Time of Claim" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "721", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who has a valid claim to a horse becomes the owner of the horse when the horse steps on to the racetrack for the race. A claim shall be voided and ownership of the horse retained by the original owner if:(1) the horse dies on the racetrack or is euthanized by a Commission Veterinarian before leaving the racetrack, either on the race surface or in the equine ambulance.(2) the horse has a musculoskeletal injury that requires loading in the equine ambulance for safe removal from the track. This claim is only voided after proper Veterinary examination of injury and the on duty Commission Veterinarian is contacted and approves of euthanasia. Horses euthanized without Veterinarian examination and notification to the attending Commission Veterinarian will not be entitled to a voided claim.(b) Horses vanned off the track for medical conditions (including but not limited to EIPH, Myositis, heat stress, extreme exhaustion) will not be treated as a voided claim.(c) On the day claimed, a claimed horse runs in the interest of and for the account of the owner from whom the horse was claimed.", "sourceNote": "Source Note: The provisions of this §313.303 adopted to\r\nbe effective August 30, 1989, 14 TexReg 4124; amended to be effective\r\nOctober 11, 1990, 15 TexReg 5702; amended to be effective May 1, 1992,\r\n17 TexReg 2768; amended to be effective April 4, 2005, 30 TexReg 1627;\r\namended to be effective February 4, 2025, 50 TexReg 653." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "721", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.304", "label": "Claim Irrevocable" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a claim that is filed in accordance with this subchapter is irrevocable.(b) If the stewards declare a claiming race a \"no race,\" all claims for that race are invalid.", "sourceNote": "Source Note: The provisions of this §313.304 adopted to be effective August 30, 1989, 14 TexReg 4124; amended to be effective July 1, 1992, 17 TexReg 4345." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82271", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.305", "label": "Amounts on Deposit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To make a valid claim, a person must have on deposit with the horsemen's bookkeeper an amount equal to the amount of the claim, plus all transfer fees, in the form of cash, money order, certified check, or cashier's check.(b) A person who files a claim may not exhaust the person's account with the horsemen's bookkeeper during the two-hour period after the claim was filed.", "sourceNote": "Source Note: The provisions of this §313.305 adopted to be effective August 30, 1989, 14 TexReg 4124; amended to be effective October 11, 1990, 15 TexReg 5702; amended to be effective October 30, 2000, 25 TexReg 10735." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157414", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.306", "label": "Transfer of Claimed Horse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27032", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A horse that has been claimed in a claiming race shall be taken after the race to the area designated by the association for delivery to the claimant, unless the horse is designated for testing.(b) A person may not refuse to deliver a claimed horse.(c) The registration certificate of a claimed horse, and both certificates of a dually registered claimed horse, shall transfer to the successful claimant.(d) The engagements of a claimed horse automatically transfer to the new owner. A claimed horse is ineligible for entry in a future race unless the entry is made on behalf of the new owner.(e) A horse may not be delivered to a successful claimant without written authorization from a steward or a designee of the stewards.", "sourceNote": "Source Note: The provisions of this §313.306 adopted to be effective August 30, 1989, 14 TexReg 4124; amended to be effective October 11, 1990, 15 TexReg 5702; amended to be effective July 12, 2012, 37 TexReg 5131." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27032", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.307", "label": "Responsibility for Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155507", "queryAsDate": "03/11/2026" }, "ruleBody": "The trainer losing a horse through a claim is nevertheless responsible for the results of any drug tests performed on specimens obtained from the horse. The trainer is responsible for the horse during the testing procedures and may not deliver the horse to the successful claimant in the test barn until the commission veterinarian informs the trainer or representative that all testing procedures are complete.", "sourceNote": "Source Note: The provisions of this §313.307 adopted to be effective August 30, 1989, 14 TexReg 4124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155507", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.308", "label": "Restrictions on Subsequent Use" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A horse claimed in a claiming race in Texas:(1) may not be sold or transferred, in whole or part, by any method other than a claiming race during the 30-day period after the initial claim; and(2) is ineligible to start in a race at a race meeting other than the one at which it was claimed until the end of the race meeting at which the horse was claimed, except in a stakes race after verification by the stewards.(b) A horse claimed in another state is subject to the eligibility requirements for claimed horses in effect at the time of the claim in the jurisdiction in which the horse was claimed.", "sourceNote": "Source Note: The provisions of this §313.308 adopted to be effective August 30, 1989, 14 TexReg 4124; amended to be effective November 1, 1994, 19 TexReg 8110; amended to be effective September 8, 2000, 25 TexReg 8402; amended to be effective March 6, 2012, 37 TexReg 1510." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9254", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.309", "label": "Ineligible Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177685", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not enter or allow to be entered in a claiming race a horse against which a claim, lien, or other security interest is outstanding unless, on entering the horse, the person submits written consent to the entry by the person holding the claim, lien, or other security interest.", "sourceNote": "Source Note: The provisions of this §313.309 adopted to be effective August 30, 1989, 14 TexReg 4124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177685", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.310", "label": "Restrictions on Claims" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119424", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A horse that is claimed may not remain in the care or custody of the owner or trainer from whom the horse was claimed.(b) A person may not claim more than one horse in a race nor submit more than one claim for a race. An authorized agent may not submit more than one claim in a race, regardless of the number of persons the agent represents. A trainer may not be listed as the trainer for a claimant on more than one claim in the same race.(c) A person may not offer or agree to claim or refrain from claiming a horse. A person may not prevent or attempt to prevent another person from claiming a horse.(d) A person may not prevent or attempt to prevent a horse from racing in a claiming race for the purpose of avoiding a claim.(e) A person shall not claim a horse in which the person has a financial or beneficial interest as an owner or trainer.(f) A person shall not cause another person to claim a horse for the purpose of obtaining or retaining an undisclosed financial or beneficial interest in the horse.(g) A person shall not claim a horse, or enter into any agreement to have a horse claimed, on behalf of an ineligible or undisclosed person.", "sourceNote": "Source Note: The provisions of this §313.310 adopted to be effective November 3, 1989, 14 TexReg 5623; amended to be effective May 1, 1992, 17 TexReg 2768; amended to be effective October 30, 2000, 25 TexReg 10735; amended to be effective May 8, 2016, 41 TexReg 3304." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119424", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.312", "label": "Protests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "722", "queryAsDate": "03/11/2026" }, "ruleBody": "A person wishing to protest the claim of a horse must file the protest with the stewards not later than one hour after the stewards declared the race official.", "sourceNote": "Source Note: The provisions of this §313.312 adopted to be effective November 3, 1989, 14 TexReg 5623; amended to be effective October 11, 1990, 15 TexReg 5703; amended to be effective February 1, 1995, 19 TexReg 10356; amended to be effective August 15, 1997, 22 TexReg 6865; amended to be effective October 30, 2000, 25 TexReg 10735; amended to be effective April 4, 2005, 30 TexReg 1627." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "722", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.313", "label": "Removal To Avoid Claim" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9257", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not remove a horse from association grounds for the purpose of avoiding a claim.", "sourceNote": "Source Note: The provisions of this §313.313 adopted to be effective November 3, 1989, 14 TexReg 5623." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9257", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "C", "label": "CLAIMING RACES" }, "rule": { "number": "§313.314", "label": "Disclosure of Mare in Foal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9258", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may enter a mare or filly that has been serviced in a claiming race, provided:(1) the owner files with the racing secretary a certificate from a licensed veterinarian, dated no earlier than 40 days after the date the mare or filly was last serviced, that states the mare or filly is not pregnant; or(2) before entering the mare or filly:(A) full disclosure of the servicing of the mare or filly is on file with and posted in the office of the racing secretary;(B) the owner files with the racing secretary a signed statement agreeing to deliver without cost to a successful claimant the valid stallion service certificate regarding the servicing of the mare or filly; and(C) all payments due for the stallion service or for any resulting live foal are paid in full.(b) A successful claimant of a mare or filly in a claiming race must file with the stewards, not more than 30 days after the date of the claim, a petition to rescind the claim if:(1) the claimant learns the mare or filly is pregnant; and(2) the owner has not complied with subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §313.314 adopted to be effective November 3, 1989, 14 TexReg 5623; amended to be effective October 11, 1990, 15 TexReg 5703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9258", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.401", "label": "Jockeys To Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9259", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A jockey engaged to ride in a race must be in the jockeys' room at the reporting time specified by the stewards on each day the jockey is scheduled to ride. Upon arrival, the jockey shall report to the clerk of scales.(b) A jockey reporting to the jockeys' room must remain there until the jockey has fulfilled all of that day's riding engagements. While in the jockeys' room, the jockey may have no contact or communication with any person outside the jockeys' room other than with an owner or trainer for whom the jockey is riding that day, or with the stewards or other personnel authorized by the stewards.(c) A jockey engaged to ride in a race shall report his or her riding weight to the clerk of scales at the time specified by the association.", "sourceNote": "Source Note: The provisions of this §313.401 adopted to be effective August 30, 1989, 14 TexReg 4125; amended to be effective October 11, 1990, 15 TexReg 5703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9259", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.402", "label": "Weighing-out" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "723", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A jockey engaged to ride in a race must report to the clerk of scales for weighing-out not more than 30 minutes before post time for the first race, if the jockey is riding in that race, and not sooner than the running of the preceding race, if the jockey is riding in any other race.(b) The clerk of scales shall have the overweight or change of jockeys posted immediately and announced over the public address system.(c) A jockey who weighs out more than seven pounds above the appropriate weight shall be taken off the mount.", "sourceNote": "Source Note: The provisions of this §313.402 adopted to be effective August 30, 1989, 14 TexReg 4125; amended to be effective April 2, 1990, 15 TexReg 1513; amended to be effective October 11, 1990, 15 TexReg 5703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "723", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.403", "label": "Maximum Overweight" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27937", "queryAsDate": "03/11/2026" }, "ruleBody": "A jockey may not weigh out if the jockey is more than two pounds over the weight assigned to his or her horse without permission of the owner or trainer.", "sourceNote": "Source Note: The provisions of this §313.403 adopted to be effective August 30, 1989, 14 TexReg 4125; amended to be effective October 11, 1990, 15 TexReg 5704." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27937", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.404", "label": "Items Included in Weight" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174109", "queryAsDate": "03/11/2026" }, "ruleBody": "A jockey's weight includes the riding clothing, boots, saddle, and pad, but excludes the whip, bridle, bit or reins, safety helmet, safety vest, blinkers, goggles, and number cloth.", "sourceNote": "Source Note: The provisions of this §313.404 adopted to be effective August 30, 1989, 14 TexReg 4125; amended to be effective October 11, 1990, 15 TexReg 5704; amended to be effective September 1, 1993, 18 TexReg 5398." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174109", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.405", "label": "Whips and Other Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174110", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The use of a whip is not required and a jockey who uses a whip during a race may do so only in a manner consistent with using the jockey's best efforts to win. The correct uses of a whip include:(1) showing the whip to the horse before hitting the horse;(2) using the whip in rhythm to the horse's stride; and(3) using the whip as an aid to keep a horse running straight.(b) A whip used in races must be at least 1/4-inch in diameter and have a looped leather \"popper\" affixed to one end. The whip must have at least three rows of leather feathers above the popper and each feather must be at least one inch long. The popper must be at least 1 1/4 inch wide and three inches long. A whip may not exceed one pound in weight or 31 inches in length, including the popper.(c) If a jockey is to ride without a whip, the stewards shall ensure that fact is announced over the public address system.(d) A jockey may not whip a horse:(1) on the head, flanks, or on any part of the horse's body other than the shoulders or hind quarters;(2) excessively or brutally causing welts or breaks in the skin;(3) in the post parade except when necessary to control the horse;(4) when the horse is clearly out of the race or has obtained its maximum placing; or(5) persistently, if the horse is not responding to the whip.(e) A jockey may not ride in a race unless the jockey wears a safety vest meeting the requirements of §311.218 of this title (relating to Safety Equipment). A safety vest may weigh no more than two pounds.", "sourceNote": "Source Note: The provisions of this §313.405 adopted to be effective August 30, 1989, 14 TexReg 4125; amended to be effective October 11, 1990, 15 TexReg 5704; amended to be effective May 13, 1993, 18 TexReg 2849; amended to be effective September 1, 1993, 18 TexReg 5398; amended to be effective March 4, 1994, 19 TexReg 1215; amended to be effective April 4, 2005, 30 TexReg 1627; amended to be effective October 19, 2015, 40 TexReg 7220." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174110", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.406", "label": "Colors and Number" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82277", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A horse starting in a race must carry a conspicuous saddle cloth number corresponding to its number in the official program. Quarter Horses, Paints, and Appaloosas shall, and Thoroughbreds and Arabians may, wear head numbers that correspond to their numbers in the official program. The Stewards may waive the requirement for a horse to wear a head number in the interest of safety or in the case of missing or damaged equipment.(b) The jockey for a horse starting in a race shall be properly attired for riding in the race and wear:(1) the racing colors provided by the owner of the horse the jockey is to ride, plus white riding pants, boots, and a number on the right shoulder corresponding to the mount's number as shown on the saddle cloth, head number if provided, and in the official program; and(2) a safety helmet meeting the requirements of §311.218 of this title (relating to Safety Equipment).(c) If an owner does not have colors, the jockey shall wear colors provided by the association.", "sourceNote": "Source Note: The provisions of this §313.406 adopted to be effective August 30, 1989, 14 TexReg 4125; amended to be effective January 10, 1990, 15 TexReg 28; amended to be effective October 11, 1990, 15 TexReg 570; amended to be effective February 10, 1998, 23 TexReg 751; amended to be effective October 30, 2000, 25 TexReg 10736; amended to be effective January 5, 2010, 35 TexReg 93; amended to be effective October 19, 2015, 40 TexReg 7220." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82277", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.407", "label": "Duty To Fulfill Jockey Engagements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199584", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a jockey engaged for a certain race or for a specified time may not fail or refuse to abide by the engagement agreement, unless excused by the stewards.(b) A jockey may be excused by the stewards from fulfilling the jockey's riding engagements if:(1) the jockey believes the horse he or she is to ride is unsafe, or the racecourse he or she is to ride on is unsafe; or(2) the jockey is ill or injured.(c) The stewards may require a jockey who is excused from fulfilling a riding engagement because of illness or injury to pass a physical examination conducted by a licensed physician before resuming race riding.(d) A trainer or owner may demand a written confirmation of an engagement from a jockey or jockey agent.(e) The stewards shall decide conflicting claims for the services of a jockey.", "sourceNote": "Source Note: The provisions of this §313.407 adopted to be effective August 30, 1989, 14 TexReg 4125; amended to be effective October 11, 1990, 15 TexReg 5704; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199584", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.409", "label": "Jockey Mount Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82281", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a jockey and owner or trainer reach an agreement regarding the fee to be paid to a jockey, the parties to the agreement shall ensure that a written agreement, signed by the parties, is delivered to the horsemen's bookkeeper before post time of the race in which the jockey is to ride. The agreement must state the agreed upon fee for a winning mount, a second place mount, a third place mount, and a losing mount.(b) After a race, the horsemen's bookkeeper shall debit the owner's account for the amount of the appropriate jockey mount fee as specified in the written agreement. If there is no written agreement, the horsemen's bookkeeper shall debit the owner's account for the appropriate jockey mount fee specified in subsection (c) of this section.(c) In the absence of a written agreement, the following jockey mount fees apply:Attached Graphic(d) A jockey mount fee is considered earned by a jockey when the jockey is weighed out by the clerk of scales, except:(1) when a jockey elects to take himself or herself off a mount; and(2) when the stewards replace the jockey with a substitute jockey for reasons other than the jockey suffering an injury during the time between weighing-out and the start of the race.(e) If the jockey does not weigh out because the owner or trainer replaces the jockey with another jockey, the owner or trainer shall pay the appropriate fee to each jockey engaged for the race unless otherwise authorized by the stewards. The fee to be paid is equal to that earned by the jockey who rode the horse.(f) A horse may not start in a race unless the horse's owner has on deposit with the horsemen's bookkeeper sufficient funds to pay the losing jockey mount fee prescribed by this section or by a written agreement filed under subsection (a) of this section.(g) If the fee due to a jockey in a stakes race is $5,000 or more, the horsemen's bookkeeper may hold such fee in escrow until post-race testing is completed and action by the Commission releases the purse for that race, at which time the appropriate payment of the escrowed fee shall be made.", "sourceNote": "Source Note: The provisions of this §313.409 adopted to be effective August 30, 1989, 14 TexReg 4125; amended to be effective October 11, 1990, 15 TexReg 5705; amended to be effective January 1, 1994, 18 TexReg 9101; amended to be effective November 1, 1994, 19 TexReg 8110; amended to be effective June 1, 2000, 25 TexReg 4737; amended to be effective October 30, 2000, 25 TexReg 10736; amended to be effective July 22, 2002, 27 TexReg 6295; amended to be effective July 12, 2012, 37 TexReg 5131; amended to be effective June 10, 2020, 45 TexReg 3772." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82281", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.411", "label": "Suspended Jockeys" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82282", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before opening day of a race meeting, the stewards shall designate the stakes or other races at that meeting in which a jockey will be permitted to compete, notwithstanding the fact that the jockey is under suspension for 10 days or less for a riding infraction at the time the designated race is to be run.(b) Official rulings for riding infractions of 10 days or less must state: \"The term of this suspension does not prohibit participation in designated races.\"(c) The stewards shall post a list of the designated races in the jockeys' room, racing office, and any other place determined to be appropriate by the stewards.(d) A suspended jockey must be named at time of entry to participate in a designated race.(e) A day in which a jockey participated in a designated race while on suspension does not count as a suspension day.", "sourceNote": "Source Note: The provisions of this §313.411 adopted to be effective October 11, 1990, 15 TexReg 5705; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82282", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.421", "label": "Horses to Pre-race Holding Area" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9267", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The trainer of a horse entered in a race must ensure that the horse is present in the pre-race holding area at the time designated by the stewards.(b) The commission veterinarian shall report to the stewards the failure of a horse to report to the pre-race holding area at the appropriate time. The stewards may scratch a horse from the race if the horse is reported under this subsection.(c) Except on permission of the stewards, blinkers may not be placed on a horse until after the horse has been identified by the horse identifier.", "sourceNote": "Source Note: The provisions of this §313.421 adopted to be effective August 30, 1989, 14 TexReg 4236; amended to be effective October 11, 1990, 15 TexReg 5705; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9267", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.422", "label": "Saddling and Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82275", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A horse entered in a race must be saddled in a saddling stall, unless the stewards have granted permission for the horse to be saddled elsewhere.(b) A trainer or assistant trainer having care and custody of a horse entered in a race shall be present in the paddock to supervise the saddling of the horse and to give instructions necessary to ensure the best performance by the horse.(c) Blinkers, bits, tongue ties, bandages, and all other equipment shall be used consistently on a horse. All changes in equipment must be approved by the stewards.(d) The trainer of a horse shall ensure that the horse is equipped with the proper equipment for each race in which it is to run.", "sourceNote": "Source Note: The provisions of this §313.422 adopted to be effective August 30, 1989, 14 TexReg 4236; amended to be effective March 15, 1995, 20 TexReg 1527." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82275", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.423", "label": "Parade" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82274", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of the schooling list, the horses are under the control of the starter from the time the horses leave the paddock until dispatched at the start of the race.(b) Except as otherwise provided by this section, each horse entered in a race shall parade, carrying the appropriate weight and equipment, from the paddock to the starting gate. The lead pony for a horse shall be ridden in a manner that permits adequate view of the horse by the patrons and stewards. The stewards may scratch a horse from the race if the horse fails to parade in accordance with this section.(c) The stewards may excuse a horse from the parade, but shall require such a horse to pass the stewards' stand on its way to the starting gate.(d) After the horses have passed the stands once, the horses may break formation and warm up until directed to proceed to the starting gate. The parade of the horses to the starting gate may not last more than 14 minutes, except in case of unavoidable delay.(e) If a jockey is injured during the parade or at the starting gate, the horse must return to the paddock and be resaddled with the replacement jockey's equipment. The horse must return to the starting gate carrying the replacement jockey.(f) If a jockey is thrown on the way to the starting gate, the jockey must remount the horse at the point where the jockey was thrown.", "sourceNote": "Source Note: The provisions of this §313.423 adopted to be effective August 30, 1989, 14 TexReg 4236; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82274", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.424", "label": "Leaving the Race Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82283", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A horse that leaves the race course during the parade to the starting gate or during the warm-up shall return at the nearest practicable point to where the horse left the race course, and continue the parade to the starting gate.(b) The stewards shall scratch a horse from the race, if during the parade or warm-up, the horse leaves the race course to the extent that the horse is out of the vision of the stewards or the horse cannot be returned to the race course within a reasonable period of time.(c) If a horse leaves the race course or loses its jockey during a race, the stewards shall disqualify the horse and consider it to be unplaced.", "sourceNote": "Source Note: The provisions of this §313.424 adopted to be effective August 30, 1989, 14 TexReg 4236; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82283", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.425", "label": "At the Starting Gate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "140216", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When the horses have reached the starting gate, the starter shall ensure that the horses are promptly placed in their stalls in the order stipulated by the starter when instructed to do so by the stewards.(b) The starter shall immediately report to the stewards any reason for a delay in the start.", "sourceNote": "Source Note: The provisions of this §313.425 adopted to be effective August 30, 1989, 14 TexReg 4236; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "140216", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.426", "label": "Toe Grabs Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143876", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Thoroughbred or Arabian horse is ineligible to start in a race when it has shoes (racing plates) that have toe grabs with a height greater than two millimeters (0.07874 inches), bends, jar calks, stickers, or any other traction device on the front hooves.(b) A Quarter Horse, Paint Horse, or Appaloosa is ineligible to start in a race when it has shoes (racing plates) that have toe grabs with a height greater than four millimeters (0.15748 inches), bends, jar calks, stickers, or any other traction device on the front hooves.", "sourceNote": "Source Note: The provisions of this §313.426 adopted to be effective March 22, 2009, 34 TexReg 1840." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.441", "label": "The Start" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82285", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The starter is responsible for assuring that each participant receives a fair start.(b) A horse is considered a starter for all purposes when the stall doors of the starting gate open in front of the horse at the time the starter dispatches the horses in a valid start.(c) If, when the starter dispatches the field, any door at the front of the starting gate stalls should not open properly due to a mechanical failure or malfunction or should any action by any starting personnel directly cause a horse to receive an unfair start, the stewards may declare such a horse a non-starter.(d) Should a horse, not scratched prior to the start, not be in the starting gate stall thereby causing it to be left when the field is dispatched by the starter, the horse shall be declared a non-starter by the stewards.(e) Should an accident or malfunction of the starting gate, or other unforeseeable event, compromise the fairness of the race or the safety of race participants, the stewards may declare individual horses to be non-starters, exclude individual horses from all pari-mutuel pools, or declare a \"no contest\" and refund all wagers except as otherwise provided in the rules involving multi-race wagers.", "sourceNote": "Source Note: The provisions of this §313.441 adopted to be effective August 30, 1989, 14 TexReg 4126; amended to be effective January 5, 2010, 35 TexReg 93." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82285", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.442", "label": "Interference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82286", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A leading horse in a race around a turn is entitled to any part of the course; however, when another horse is attempting to pass in a clear opening, the leading horse may not impede the passing horse by crossing over so as to compel the passing horse to shorten its stride. A leading horse in a straightaway race must maintain a course as nearly as possible in the lane in which it starts.(b) A horse may not interfere with or cause another horse to lose stride, lose ground, or lose position in a part of the race where the horse interfered with loses the opportunity to place where the horse might be reasonably expected to finish.(c) The stewards may disqualify a horse who interferes with another horse in violation of this section and may place the horse behind the horse interfered with.(d) The stewards shall display the inquiry sign on the tote board immediately on observing possible interference.", "sourceNote": "Source Note: The provisions of this §313.442 adopted to be effective August 30, 1989, 14 TexReg 4126; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82286", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.443", "label": "Action by Jockeys" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82287", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A jockey may not ride carelessly or willfully so as to permit the mount to interfere with or impede another horse in the race.(b) A jockey may not willfully strike or attempt to strike another horse or jockey so as to impede, interfere with, intimidate or injure the other horse or jockey.(c) A jockey may not exchange whips during the running of a race.(d) A jockey who acts in violation of this section is subject to discipline by the stewards and the jockey's mount may be disqualified.", "sourceNote": "Source Note: The provisions of this §313.443 adopted to be effective August 30, 1989, 14 TexReg 4126; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82287", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.444", "label": "Dismounting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9273", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After the race, each jockey shall return the horse to the finish, salute the stewards, and receive permission of the stewards to dismount.(b) Except on the permission of the stewards, a jockey may not permit another person to assist the jockey in removing the equipment that is included in the jockey's weight.(c) Immediately on dismount and removal of equipment, the jockey shall go to the clerk of the scales to weigh in.", "sourceNote": "Source Note: The provisions of this §313.444 adopted to be effective August 30, 1989, 14 TexReg 4126; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9273", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.445", "label": "Weigh In" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82288", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On weighing in, a jockey may not weigh less than one pound under the jockey's proper weight nor weigh more than two pounds over the jockey's proper weight.(b) The stewards may disqualify a horse whose jockey weighs in at a weight in violation of this section and may discipline a person responsible for the weight violation. In determining a violation under this subsection, the stewards shall take into account any excess weight due to rain or mud.(c) The stewards may excuse a jockey from weighing in if the jockey is unable to weigh in due to accident, injury, or other good cause.", "sourceNote": "Source Note: The provisions of this §313.445 adopted to be effective August 30, 1989, 14 TexReg 4126." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82288", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.446", "label": "Claim of Interference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82289", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A jockey, trainer, or owner of a horse may make a claim of interference with the stewards before a race is declared official if the jockey, trainer, or owner has reasonable grounds to believe the horse was interfered with or impeded during the running of the race or that a jockey violated the Rules during the race. On receiving a claim of interference, the stewards shall display the objection sign on the tote board.(b) A person may not make a claim of interference if the person knows the claim is inaccurate or false.(c) An individual who makes a frivolous claim of interference is subject to discipline by the stewards.", "sourceNote": "Source Note: The provisions of this §313.446 adopted to be effective August 30, 1989, 14 TexReg 4126; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82289", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.447", "label": "Ramifications of Disqualification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "726", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the stewards disqualify a horse in a race, each horse in the race that is owned, in whole, or in part, by the same owner or that is trained by the same trainer may be disqualified.(b) If a horse is disqualified for interference in a time trial race, the horse shall receive the time of the horse it is placed behind, plus a one-hundredth of a second, or a more exact measurement if photofinish equipment permits. The horse may be eligible to qualify for the finals or consolations of the race on the basis of the assigned time.", "sourceNote": "Source Note: The provisions of this §313.447 adopted to be effective August 30, 1989, 14 TexReg 4126; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "726", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.448", "label": "Dead Heat" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82290", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a race results in a dead heat, the race may not be run off.(b) The association shall distribute the purse equally among the winning horses and any prize that cannot be duplicated shall be distributed by lot.", "sourceNote": "Source Note: The provisions of this §313.448 adopted to be effective August 30, 1989, 14 TexReg 4126." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82290", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.449", "label": "Official Order of Finish" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82291", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards shall declare the order of finish in a race official when the stewards have determined:(1) the order of finish is correct;(2) the jockeys have been properly weighed in, unless excused; and(3) the race was run in accordance with the Act and the Rules.(b) On declaring the official order of finish, the stewards shall direct:(1) the order of finish to be posted and announced to the public;(2) the official sign to be posted on the tote board; and(3) the mutuel manager to ensure the accuracy of the pools for the race are correct and ready to be paid.(c) Except in a stakes race where the published conditions expressly provide for payment of purse money through last place, a horse must carry its assigned weight across the finish line to be eligible to earn any portion of the purse or a designation in the official order of finish other than \"did not finish.\"", "sourceNote": "Source Note: The provisions of this §313.449 adopted to be effective August 30, 1989, 14 TexReg 4126; amended to be effective May 1, 1996, 21 TexReg 3364; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82291", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "D", "label": "RUNNING OF THE RACE" }, "rule": { "number": "§313.450", "label": "Time Trial Qualifiers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217135", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When two or more horses in different trial races have the same qualifying time, to a degree of one-hundredth of a second, or more exact measurement if photofinish equipment permits, for fewer available positions in the finals or consolations, the stewards shall conduct a draw by lot.(b) A horse may not draw into the finals or consolations instead of a horse that finished ahead of the horse.(c) When scheduled races are trial heats for futurities or stakes races electronically timed from the starting gates, an association may not move the starting gates or allow the starting gates to be moved until all trial heats are complete, except in an emergency or to renovate the track as determined by the stewards.", "sourceNote": "Source Note: The provisions of this §313.450 adopted to be effective August 30, 1989, 14 TexReg 4126; amended to be effective June 15, 1997, 22 TexReg 4573; amended to be effective October 30, 2000, 25 TexReg 10736." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217135", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "E", "label": "TRAINING FACILITIES" }, "rule": { "number": "§313.501", "label": "Training Facility License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82293", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A training facility must be licensed by the Executive Director in accordance with this section to provide official workouts. Except as otherwise provided by this subchapter, an official workout obtained at a training facility licensed under this section satisfies the workout requirements of §313.103 of this title (relating to Eligibility Requirements).(b) A training facility license expires two years after the last day of the month in which the license was issued.(c) A training facility license is personal to the licensee and may not be transferred.(d) A Class 1 racetrack licensed by the Commission may also operate a training facility without an additional license requirement if the racetrack association operating the Class 1 racetrack submits a request for training facility dates with its annual race date application form and the request is approved by the Executive Director.", "sourceNote": "Source Note: The provisions of this §313.501 adopted to be effective January 1, 1994, 18 TexReg 9102; amended to be effective October 30, 2000, 25 TexReg 10737; amended to be effective September 27, 2005, 30 TexReg 6052; amended to be effective May 3, 2017, 42 TexReg 2339; amended to be effective March 27, 2024, 49 TexReg 1912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82293", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "E", "label": "TRAINING FACILITIES" }, "rule": { "number": "§313.502", "label": "Application for License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82294", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To apply for a training facility license, a person must file an application form prescribed by the Commission at the Commission office in Austin.(b) The executive secretary shall review each application that is filed. The executive secretary may request additional information from the applicant if the executive secretary determines the additional information is necessary for a complete analysis of the application. If after the review the executive secretary is of the opinion that a training facility license should be granted to the applicant, the executive secretary shall grant the license and issue a license certificate. If after the review the executive secretary is of the opinion that a training facility license should not be granted to the applicant, the executive secretary shall notify the applicant and arrange a hearing on the proposed denial. A hearing on a proposed denial is a contested case proceeding and shall be conducted in accordance with Chapter 307 of this title (relating to Practice and Procedure).(c) A training facility license may be denied, suspended, or revoked for any of the grounds listed in the Act, §7.04.", "sourceNote": "Source Note: The provisions of this §313.502 adopted to be effective January 1, 1994, 18 TexReg 9102; amended to be effective October 30, 2000, 25 TexReg 10737." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82294", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "E", "label": "TRAINING FACILITIES" }, "rule": { "number": "§313.503", "label": "Physical Plant" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217136", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a training facility license, the applicant must provide the equipment and facilities prescribed by this section.(b) The racetrack at a training facility must have a chute at least 250 yards long from the back of the chute to the finish line. The racetrack must be an oval that is at least:(1) five-eighths mile in length;(2) 40 feet wide on each straightaway; and(3) 40 feet wide on each turn.(c) The dimensions of the racetrack at the training facility must be surveyed by a certified land surveyor, including the distances from each distance pole to the finish line. The results of the survey must be submitted in writing with the application for a training facility license. If neither the track dimensions nor the distance poles have been altered since the date an original training facility license was granted, the general manager or chief executive officer of the training facility may submit a sworn affidavit stating that fact in lieu of a new survey. If the track dimensions or distance poles have been altered since the date the original training facility license was granted, the racetrack must be surveyed by a certified land surveyor and the results submitted to the Commission in writing with the application for license renewal.(d) A training facility shall provide an inside contour rail and an outside rail, both of which must be approved by the executive secretary. The turns on the racetrack must be banked to a degree approved by the executive secretary. The composition of the racing surface must be approved by the executive secretary. A training facility shall provide a padded starting gate approved by the executive secretary. The training facility shall provide timing equipment that is capable of recording the time of a horse in at least hundredths of a second. The timing equipment is subject to testing and approval by the executive secretary.(e) The racetrack at a training facility must have distance poles indicating the distance from the pole to the finish line as follows:(1) 1/16 poles with black and white stripes;(2) 1/8 poles with green and white stripes; and(3) 1/4 poles with red and white stripes.(f) A training facility is not required to have:(1) facilities for the public to observe the workouts; or(2) concessions.", "sourceNote": "Source Note: The provisions of this §313.503 adopted to be effective January 1, 1994, 18 TexReg 9102; amended to be effective August 15, 1995, 20 TexReg 5382; amended to be effective September 1, 1998, 23 TexReg 8674; amended to be effective October 30, 2000, 25 TexReg 10737." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217136", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "E", "label": "TRAINING FACILITIES" }, "rule": { "number": "§313.504", "label": "Operational Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217137", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The primary business of a training facility must be the training of racehorses. The training facility must be available to provide official workouts on a schedule approved by the executive director, but at least three days per week.(b) A training facility licensee shall prohibit any wagering at the facility and shall promptly eject any person who is found to be wagering. All training facilities located at licensed racetracks shall have an e-wagering plan approved by the Executive Director, as set out in Sec. 321.603, before the first date of an approved official work schedule.(c) A training facility licensee shall ensure that veterinary services and facilities are available to the training facility in close enough proximity to permit a response time of one hour or less. The veterinary services and facilities are subject to the approval of the executive director.(d) A training facility licensee shall comply with the requirements of Sec. 309.117, First Aid and Sec. 309.254, Equine Ambulance, during the period where the racetrack association allows occupational licensees to conduct official works or exercise horses on the racetrack.(e) A training facility licensee shall maintain records regarding the management and operation of the training facility and the records are subject to inspection by the executive director. A training facility licensee shall cooperate fully with and promptly provide any information requested by the Executive Director in the regulation of training facilities.(f) A training facility licensee shall post a condition book approved by the executive director with any conditions imposed by the racetrack association along with a list of the dates and times that official workouts may be obtained.(g) A training facility licensee shall comply with all the requirements of this subchapter. Failure to continuously comply with those requirements is grounds for disciplinary action by the executive director, including suspension or revocation of the training facility license.(h) The facilities and operations of a licensed training facility are subject to inspection and verification by the executive director at any time. If the executive director determines that inappropriate or unsafe conditions exist at the training facility or that the integrity of workouts obtained at the facility are in question, the executive director may immediately notify the pari-mutuel racetracks in this state that workouts obtained at the facility may not be accepted as official workouts. The executive director shall notify the general manager or chief executive officer of the licensed training facility of the executive director's findings and specifically describe the corrective action necessary to make the facility's workouts official, to rectify the inappropriate condition, or to make the conditions safe. The training facility may take the necessary corrective action or request a hearing with the Commission on the executive director's findings.(i) A training facility licensee may not, unless otherwise approved by the executive director,(1) conduct a race at its facility; or(2) allow its facility to be used for a race.", "sourceNote": "Source Note: The provisions of this §313.504 adopted to be effective January 1, 1994, 18 TexReg 9102; amended to be effective January 3, 1996, 20 TexReg 11011; amended to be effective September 1, 1998, 23 TexReg 8674; amended to be effective October 30, 2000, 25 TexReg 10737; amended to be effective March 27, 2024, 49 TexReg 1912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217137", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "E", "label": "TRAINING FACILITIES" }, "rule": { "number": "§313.505", "label": "Workout Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "727", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All official workouts must be supervised by the following officials, who must be licensed and approved by the executive director:(1) a timer/clocker;(2) a horse identifier; and(3) a starter, and an assistant starter;(4) two outriders to address track safety issues.(b) The person riding a horse in an official workout must hold a valid Commission license as a jockey, apprentice jockey, or exercise rider, or as the trainer or assistant trainer of the horse.(c) The horse identifier shall identify each horse before each official workout. The original registration papers for each horse that is to work, or a copy that satisfies the horse identifier, must be submitted to the horse identifier before the horse's initial workout at the facility to permit the identifier to record the horse's color, gender, markings, and tattoo number, if applicable. The horse identifier shall inspect all documents of ownership, registration, or breeding necessary to ensure the proper identification of the horse. The identification procedures used at the training facility are subject to the approval of the executive director.(d) A training race conducted at a licensed pari-mutuel racetrack may be used as an official workout. The distance of an official workout must be at least:(1) 220 yards for a quarter horse;(2) two furlongs, for a two-year old thoroughbred; and(3) three furlongs, for a thoroughbred three years of age or older.(e) A workout must be timed on a stopwatch that is accurate to within .01 of a second. Times for quarter horses shall be rounded to tenths of one second and times for thoroughbred horses shall be rounded to fifths of one second.(f) An individual may not ride a horse in an official workout unless the individual is wearing a properly fastened helmet of a type approved by the executive director.(g) Each official workout must be recorded on a form prescribed by the executive director. Not later than 24 hours after the day of an official workout, a training facility shall transmit the results of the workout to:(1) the official past performance publisher;(2) the executive director; and(3) each pari-mutuel horse racetrack in this state that is:(A) conducting a live race meeting for the same breed of horse as the horse that was worked; or(B) will, in 45 days or less after the date of the workout, commence a live race meeting for the same breed of horse as the horse that was worked.(h) A horse may not have more than one official workout on a calendar day.", "sourceNote": "Source Note: The provisions of this §313.505 adopted to be effective January 1, 1994, 18 TexReg 9102; amended to be effective October 30, 2000, 25 TexReg 10737; amended to be effective April 4, 2005, 30 TexReg 1628; amended to be effective January 5, 2010, 35 TexReg 93; amended to be effective March 27, 2024, 49 TexReg 1913." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "727", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "E", "label": "TRAINING FACILITIES" }, "rule": { "number": "§313.506", "label": "Discretion of Officials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143877", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The officials at an association's race meeting may reject a workout conducted at a licensed training facility if the officials determine the time of the workout indicates the horse may not be fit to compete with the other horses entered in the race.(b) The starter at an association's race meeting may reject a gate approval obtained at a licensed training facility if:(1) the starter knows the gate approval does not ensure the safety of the horse or jockey; or(2) the starter has reason to believe the horse would not break from the gate in a manner that would safeguard the interests of the public.", "sourceNote": "Source Note: The provisions of this §313.506 adopted to be effective January 1, 1994, 18 TexReg 9102." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143877", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "313", "label": "OFFICIALS AND RULES OF HORSE RACING" }, "subchapter": { "number": "E", "label": "TRAINING FACILITIES" }, "rule": { "number": "§313.507", "label": "Employees of Training Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184094", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The general manager and chief executive officer of a licensed training facility must obtain a training facility general manager license from the Commission. The license fee for a training facility employee, including a general manager license, is defined in §311.5 of this title (relating to License Fees). A training facility employee license may be denied, suspended, or revoked for any of the grounds listed in the Act, §7.04.(b) A training facility employee license does not entitle the licensee to participate in pari-mutuel racing in this state but, except as provided by the Act or the Rules, the licensee is not prohibited from obtaining a license to participate in pari-mutuel racing. A person who holds a Commission license to participate in pari-mutuel racing may work at a licensed training facility in the appropriate capacity.(c) A person holding a training facility employee license is subject to the Rules that regulate the behavior and privileges of individual licensees of the Commission. By accepting a license issued by the Commission, the licensee consents to:(1) a search by the Commission of the person and the person's possessions at the training facility to check for violations of the Act or the Rules;(2) seizure of contraband prohibited by §311.215 of this title (relating to Contraband); and(3) testing for alcohol and controlled substances in accordance with Chapter 311 of this title (relating to Other Licenses).", "sourceNote": "Source Note: The provisions of this §313.507 adopted to be effective January 1, 1994, 18 TexReg 9102; amended to be effective October 30, 2000, 25 TexReg 10737; amended to be effective July 17, 2001, 26 TexReg 5236; amended to be effective April 4, 2005, 30 TexReg 1628; amended to be effective January 5, 2010, 35 TexReg 93." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184094", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.1", "label": "Required Officials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119429", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following officials must be present at each greyhound race conducted in this state:(1) at least two racing judges;(2) a commission veterinarian;(3) an association veterinarian;(4) a racing secretary;(5) an assistant racing secretary;(6) a paddock judge;(7) a starter;(8) a clerk of scales;(9) a mutuel manager;(10) a chart writer;(11) a photofinish operator and timer;(12) a kennel master;(13) a mechanical lure operator; and(14) a track superintendent.(b) An individual may not serve as an official unless the individual has been approved by the executive secretary. Not later than the 30th day before the first day of a race meeting, an association shall submit to the executive secretary the name of each individual and qualified substitutes appointed to serve as an official at the race meeting and a summary of the proposed official's qualifications. The executive secretary may refuse to approve an individual as an official if the executive secretary determines the individual lacks sufficient qualifications to perform the duties of the official position. If the executive secretary determines that an individual is qualified to perform the duties required of the official position for which the individual is submitted and may be issued a license by the Commission, the executive secretary shall approve the appointment of the individual.(c) The executive secretary may rescind the approval of an official if the executive secretary determines that:(1) the official has violated the Act or a rule of the commission;(2) the official has not fulfilled the duties of the position for which the official was appointed; or(3) the official has engaged in conduct that is inconsistent with the duties of the official and that is not in the best interests of racing.", "sourceNote": "Source Note: The provisions of this §315.1 adopted to be effective October 11, 1990, 15 TexReg 5705; amended to be effective October 15, 1995, 20 TexReg 7599; amended to be effective October 30, 2000, 25 TexReg 10737; amended to be effective April 4, 2005, 30 TexReg 1628; amended to be effective July 14, 2009, 34 TexReg 4637; amended to be effective May 3, 2017, 42 TexReg 2339." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119429", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.2", "label": "Racing Judges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82154", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible to be employed as a racing judge, an individual must:(1) have experience as an official at a pari-mutuel greyhound racetrack or demonstrate to the executive secretary's satisfaction that the individual has sufficient experience in a racing-related field to perform the duties of a racing judge;(2) pass an optical examination conducted annually, indicating 20-20 vision, corrected, and the ability to distinguish colors;(3) agree to a complete investigation into the individual's background to ensure the individual's integrity is above reproach;(4) pass a written examination prescribed by the executive secretary; and(5) demonstrate to the executive secretary's satisfaction that the individual's income from sources other than as a racing judge is unrelated to patronage of or employment by a licensee of the Commission.(b) The executive secretary shall administer the written examination required under this section. A passing grade for the examination is 85%.", "sourceNote": "Source Note: The provisions of this §315.2 adopted to be effective October 11, 1990, 15 TexReg 5705; amended to be effective May 1, 1992, 17 TexReg 2769; amended to be effective February 10, 1998, 23 TexReg 752; amended to be effective October 30, 2000, 25 TexReg 10737; amended to be effective April 4, 2005, 30 TexReg 1628." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82154", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.3", "label": "Substitute Officials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9286", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive secretary may appoint a substitute racing judge to serve in the absence of a racing judge.(b) To be eligible to be appointed as a substitute racing judge, an individual must be qualified to serve as a racing judge.(c) If an approved official becomes unavailable to serve, the association may appoint a substitute official with the approval of the racing judges. The substitute official must obtain a Commission license before assuming his or her duties.(d) If a vacancy occurs among the racing officials other than the racing judges and the association has not appointed an approved substitute, or if a vacancy occurs after a performance has begun, the racing judges shall immediately appoint another qualified individual to fill the vacancy. To be eligible for appointment under this subsection, an individual must be licensed by the Commission as an official. An appointment made under this subsection is valid only for the day of the appointment, unless the association fails to fill the vacancy on the following day and notifies the racing judges not later than one hour before post time for the first race of the day. The racing judges shall immediately report to the executive secretary all appointments made under this subsection.", "sourceNote": "Source Note: The provisions of this §315.3 adopted to be effective October 11, 1990, 15 TexReg 5705; amended to be effective February 10, 1998, 23 TexReg 752; amended to be effective October 30, 2000, 25 TexReg 10737." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9286", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.4", "label": "Dual Appointments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a racing official may not be appointed to more than one position with an association unless written permission is obtained from the executive secretary at least 10 days before the beginning of the race meeting.(b) If an emergency arises during a race meeting which necessitates the appointment of a racing official to more than one position, the association shall provide a written report to the executive secretary describing in detail the circumstances of the appointment. A report under this subsection must be delivered to the executive secretary not later than three days after the date of the appointment. If the executive secretary does not approve the emergency dual appointment, the association shall make the necessary appointments for each position.", "sourceNote": "Source Note: The provisions of this §315.4 adopted to be effective October 11, 1990, 15 TexReg 5705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27938", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.5", "label": "General Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119430", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An official other than a racing judge is directly responsible to the racing judges for the performance of the official's duties and shall exercise due diligence in the performance of those duties.(b) An official shall promptly report to the racing judges or the executive secretary any observed violation of the Act or a rule of the commission.", "sourceNote": "Source Note: The provisions of this §315.5 adopted to be effective October 11, 1990, 15 TexReg 5705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119430", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.31", "label": "Racing Judges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the other duties described in these Rules, the racing judges shall supervise and exercise general authority over the conduct of the race meeting for which they are appointed and over the licensees participating in racing at that race meeting. If a question arises during a race meeting regarding the conduct of racing that is not addressed by the Act or a rule of the Commission, the racing judges shall resolve the question in conformity with custom, precedent, justice, and the best interest of racing.(b) The racing judges shall decide all questions before them by majority vote.(c) The racing judges are authorized to:(1) interpret and enforce the Act and the Rules of the Commission and to determine all questions, disputes, complaints, or objections relating to racing matters in accordance with the applicable laws;(2) issue rulings, which supercede any orders of the association, on racing matters that may change the conduct of a race or a race meeting;(3) review applications for individual licenses submitted at a racetrack and make recommendations to the Commission regarding the issuance of individual licenses;(4) enter and inspect all official's stands, weighing rooms, kennels, and all other areas on association grounds;(5) supervise entries, scratches, and substitutions, and refuse an entry or transfer of entries;(6) supervise the grading and schooling of greyhounds and place a greyhound on the schooling list;(7) supervise weighing and starting procedures;(8) order the examination of a greyhound or the ownership, registration, or identification papers of a greyhound;(9) disqualify a greyhound or request proof that a greyhound is eligible to race; and(10) perform any other duty necessary on behalf of the commission to ensure a race meeting is conducted in accordance with the Act and the Rules of the Commission.(d) The racing judges shall prepare a report of actions taken and observations made during each performance. The report must contain the name of the racetrack, the date, a designation of matinee or evening performance, the weather and track conditions, inquiries and objections, and any unusual circumstances or conditions. The report must be signed by each racing judge and be filed with the executive secretary on a weekly basis.(e) The racing judges shall maintain a detailed log of the racing judges' official activities. The log must describe all questions, disputes, protests, complaints, or objections brought to the attention of the racing judges and all interviews, investigations, and rulings made by the judges. The log must be available at all times for inspection by the executive secretary.(f) At least one racing judge shall observe the weigh-in for each performance.(g) The racing judges may not declare a race official until they have determined which greyhounds finished first, second, third, and fourth. The racing judges shall immediately notify the mutuel department of the numbers of the first four greyhounds.(h) On determining the official order of finish, the racing judges shall direct the order of finish to be announced to the public and the order of finish and the official sign to be displayed on the tote board.(i) Except as otherwise provided by this section, if the racing judges decide to consult an image from the photofinish equipment, the racing judges may declare the placements of the greyhounds which they have determined to be unquestionable. The photofinish equipment required by these rules is to be merely an aid to the racing judges, and the racing judges' decision is final.", "sourceNote": "Source Note: The provisions of this §315.31 adopted to be effective October 11, 1990, 15 TexReg 5706; amended to be effective October 30, 2000, 25 TexReg 10738; amended to be effective November 1, 2001, 26 TexReg 8511; amended to be effective September 7, 2003, 28 TexReg 7369; amended to be effective April 4, 2005, 30 TexReg 1628." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119431", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.32", "label": "Commission Veterinarian" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82160", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission veterinarian shall supervise all veterinary practices on association grounds, advise the executive secretary and the racing judges on all veterinary matters, and perform all other duties required by the executive secretary or the Rules.", "sourceNote": "Source Note: The provisions of this §315.32 adopted to be effective October 11, 1990, 15 TexReg 5706; amended to be effective October 30, 2000, 25 TexReg 10738; amended to be effective April 4, 2005, 30 TexReg 1628." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82160", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.33", "label": "Paddock Judge" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82153", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The paddock judge shall fully identify each greyhound and check against the card index system of identification maintained by the association. The paddock judge shall report promptly to the racing judges a greyhound that does not conform to the card index identification.(b) The paddock judge shall supervise the inspection of the lockout kennel before weigh-in to ensure the lockout kennel and the crates are clean and in good repair.(c) As each greyhound is weighed in, an identification tag that contains the number of the race in which the greyhound is entered and its post position shall be placed on the greyhound's collar. The tag may not be removed until the greyhound has been weighed out and blanketed.(d) The paddock judge may not permit a greyhound to weigh in if the paddock judge knows that any person on whose behalf the greyhound is racing is not properly licensed by the Commission.(e) The paddock judge shall inspect each greyhound that leaves the paddock to ensure that each greyhound is equipped with a regulation muzzle and blanket. The paddock judge shall maintain a supply of extra muzzles, lead straps, and collars provided by the association.(f) The paddock judge shall assign leadouts to post positions by lot before the race and shall maintain a record of the assignments.(g) The paddock judge shall supervise the training of each leadout before a race meeting. The training must include the proper method for leading a greyhound, the handling of blankets, muzzles, and leashes, and general care and maintenance of the greyhound while in the leadout's custody.", "sourceNote": "Source Note: The provisions of this §315.33 adopted to be effective October 11, 1990, 15 TexReg 5706; amended to be effective October 30, 2000, 25 TexReg 10738." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82153", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.34", "label": "Starter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82161", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The starter shall issue orders and take measures necessary to ensure a fair start.(b) The starter shall report the cause of a delayed start to the racing judges.(c) There is no start until, and there may be no recall after, the doors of the starting box have opened.(d) A start hampered due to a malfunction of the starting box or other interference is void. If the starting box malfunctions, the greyhounds will be started as soon as practicable, or the racing judges may cancel the race.(e) The starter shall supervise the leadouts to ensure the greyhounds are loaded to the proper post position.", "sourceNote": "Source Note: The provisions of this §315.34 adopted to be effective October 11, 1990, 15 TexReg 5706; amended to be effective October 30, 2000, 25 TexReg 10738." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82161", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.35", "label": "Clerk of Scales" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The clerk of scales shall weigh greyhounds, with muzzle, collar, and leash, in and out of the lockout kennel, in a uniform manner, on a scale certified by the appropriate state official and shall display the weight of each greyhound on the weight board. The clerk of scales shall display promptly the established racing weight, weighing-in weight, and weighing-out weight of each greyhound on the weight board for the information of the patrons.(b) Immediately after displaying the weights, the clerk of the scales shall record any overweight or variation from the weight appearing on the weight sheet. The clerk of scales shall deliver to the presiding racing judge a copy of the weight sheet before each performance.(c) The clerk of scales shall report promptly to the racing judges any violation of these rules regarding weight or weighing.(d) The clerk of scales shall require a greyhound to remain on the scales until an accurate weight measurement of the greyhound is obtained.(e) The clerk of scales shall require the leadout for a greyhound being weighed to stand away from the scale to allow at least a six-inch sag in the leadout leash.(f) The clerk of scales shall keep a list of all greyhounds known as \"weight losers\" and shall notify the racing judges as to the weight loss before each race of a greyhound on the list.", "sourceNote": "Source Note: The provisions of this §315.35 adopted to be effective October 11, 1990, 15 TexReg 5706; amended to be effective October 30, 2000, 25 TexReg 10738." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119432", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.36", "label": "Mutuel Manager" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119433", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the other duties described in these Rules, the mutuel manager shall supervise the operations of the pari-mutuel department of the association and its employees. The mutuel manager shall ensure the accuracy of the amounts in all pools and the amounts to be paid on winning wagers.(b) The mutuel manager may designate a representative to serve in the mutuel manager's absence, subject to approval by the executive secretary.", "sourceNote": "Source Note: The provisions of this §315.36 adopted to be effective October 11, 1990, 15 TexReg 5706; amended to be effective May 1, 1996, 21 TexReg 3364; amended to be effective April 4, 2005, 30 TexReg 1628." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119433", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.37", "label": "Racing Secretary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "730", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The racing secretary shall supervise the operations of the racing office and its employees. The racing secretary shall:(1) maintain a complete record of all races;(2) receive all stakes, entrance money, and arrears and supervise the payment of all money collected to those entitled to receive the money;(3) receive all entries;(4) view the running or a videotape of each race;(5) write the conditions of all races; and(6) perform all other duties imposed on the racing secretary by these rules or the association.(b) The racing secretary may delegate to the assistant racing secretary any duty imposed on the racing secretary.(c) The racing secretary may demand and inspect owners' and trainers' licenses and all documents relating to trainers and owners, partnership agreements, and the adoption of assumed names to satisfy the racing secretary of the validity of the documents.(d) Immediately after the entries for a race are closed and compiled, the racing secretary shall post a list of the entries in a conspicuous place. Before accepting a greyhound entry, the racing secretary shall determine whether all relevant kennel owners, owners, and trainers have been properly licensed.", "sourceNote": "Source Note: The provisions of this §315.37 adopted to be effective October 11, 1990, 15 TexReg 5706; amended to be effective April 4, 2005, 30 TexReg 1628." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "730", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.38", "label": "Assistant Racing Secretary" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "731", "queryAsDate": "03/11/2026" }, "ruleBody": "The assistant racing secretary shall perform any duty assigned by the racing secretary and shall assist the racing secretary in the performance of the racing secretary's duties.", "sourceNote": "Source Note: The provisions of this §315.38 adopted to be effective October 11, 1990, 15 TexReg 5706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "731", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.39", "label": "Chart Writer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82162", "queryAsDate": "03/11/2026" }, "ruleBody": "The chart writer shall compile the information necessary to prepare the program for each race day.", "sourceNote": "Source Note: The provisions of this §315.39 adopted to be effective October 11, 1990, 15 TexReg 5706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82162", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.40", "label": "Kennel Master" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9291", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Under the supervision of the paddock judge, the kennel master shall unlock the lockout kennel and the crates immediately before weigh-in time to ensure that the crates are in good repair and that nothing has been deposited in any of the crates for the greyhound's consumption.(b) The kennel master shall ensure that the crates are sprayed and disinfected before each performance and maintained in a proper sanitary condition.(c) The kennel master shall supervise the leadouts in the placing of the greyhound in the proper crate until removed for racing. The kennel master or the kennel master's assistant shall remain on guard in the paddock area from weigh-in time until the greyhounds are removed for the last race.", "sourceNote": "Source Note: The provisions of this §315.40 adopted to be effective October 11, 1990, 15 TexReg 5706; amended to be effective October 30, 2000, 25 TexReg 10738." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9291", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.41", "label": "Photofinish Operator and Timer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "732", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The photofinish operator and timer shall maintain the photofinish and timing equipment in proper working order and shall photograph each race.(b) In addition to the time kept on the photofinish equipment, the photofinish operator and timer shall time each race by hand, using an accurate stopwatch, beginning when the doors of the starting box open.(c) The photofinish operator and timer shall declare the time on the photofinish equipment as the official time of the race. If the photofinish operator and timer is not satisfied that time was accurate, he or she shall declare the stopwatch time as the official time and announce that fact to the patrons.", "sourceNote": "Source Note: The provisions of this §315.41 adopted to be effective October 11, 1990, 15 TexReg 5706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "732", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.42", "label": "Association Veterinarian" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143878", "queryAsDate": "03/11/2026" }, "ruleBody": "The association veterinarian shall perform all duties required by Chapter 319 of this title (relating to Veterinary Practices and Drug Testing), and all duties required by the commission veterinarian.", "sourceNote": "Source Note: The provisions of this §315.42 adopted to be effective October 11, 1990, 15 TexReg 5706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143878", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.43", "label": "Track Superintendent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143879", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The track superintendent shall ensure that the racetrack is properly maintained. The track superintendent shall ensure that all track equipment is operable for all races and during training hours.(b) The track superintendent may designate a representative to serve in the track superintendent's absence, subject to the approval by the executive secretary.", "sourceNote": "Source Note: The provisions of this §315.43 adopted to be effective January 5, 2010, 35 TexReg 95." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143879", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "A", "label": "OFFICIALS" }, "rule": { "number": "§315.44", "label": "Brakeman" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119434", "queryAsDate": "03/11/2026" }, "ruleBody": "The brakeman shall ensure that the lure is stopped on the designated revolution on the racetrack at the end of each race.", "sourceNote": "Source Note: The provisions of this §315.44 adopted to be effective January 5, 2010, 35 TexReg 95." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119434", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.101", "label": "Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119435", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a greyhound may not enter a race, start, or be schooled on an association's grounds unless the greyhound is tattooed and registered in the stud book maintained by the National Greyhound Association.(b) Before a greyhound may be schooled, entered, or raced at a racetrack, a National Greyhound Association certificate of registration, the racing history and the last four performance lines for the greyhound, if applicable, must be on file with the racing secretary. The racing judges may inspect the certificates of registration at any time.(c) A person transferring title to a lease or other interest in a greyhound schooled, entered, or racing on an association's grounds shall register and record the transfer with the National Greyhound Association.", "sourceNote": "Source Note: The provisions of this §315.101 adopted to be effective October 11, 1990, 15 TexReg 5708; amended to be effective March 7, 1991, 16 TexReg 1193; amended to be effective January 3, 1996, 20 TexReg 11012; amended to be effective April 4, 2005, 30 TexReg 1629." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119435", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.102", "label": "Entry Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119436", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The racing secretary shall receive entries to the active list. The racing secretary may refuse to accept an entry if the racing secretary reasonably believes that the entry is prohibited by these Rules.(b) An entry in a race must be in the name of the registered owner, lessee, or a kennel name and may be made in person, in writing, or by telephone or facsimile.(c) A greyhound may not start in a race unless the greyhound has been entered in the race in accordance with these rules.(d) An association may not charge a fee for entering a race unless a fee is clearly stated in the conditions of the race. If the conditions require an entry fee, the fee must accompany the entry.(e) A joint entry may be made by one or more owner of a greyhound. If the ownership interests in a greyhound are equally divided, each owner is jointly and severally liable for all fees and forfeits.(f) The racing officials may require a person in whose name a greyhound is entered to produce proof that the greyhound is owned only by persons licensed to participate in pari-mutuel racing. The racing judges may scratch the greyhound from the race if the person fails to comply with a demand made under this subsection.(g) The racing secretary shall compile and conspicuously post the entries as soon as possible after entries close. After entries close, an entry may not be altered other than to correct an error.(h) An association may withdraw or change a race for which entries have not closed.(i) Except as otherwise provided by this subsection, entries for a purse race shall close at the time indicated in the publication of the conditions. An association may grant additional time for entries for a race that does not fill by the indicated closing time. An association may not maintain a list of \"also eligible\" entries.(j) A greyhound whose entry is ordered refused at a racetrack in any jurisdiction because of inconsistent racing or erratic racing performance for no apparent reason may not enter a race at any licensed racetrack in this state until:(1) the greyhound has been successfully schooled at the racetrack at which the greyhound is to compete; and(2) the person making the entry has received the approval of the racing judges.(k) In a purse race, there may not be more than two double entries. When a full active list is achieved and maintained, a double entry may not be entered until all single interests eligible for the performance are used. Double entries may be used at the discretion of the racing secretary when the active list is low or unbalanced with approval of the racing judges. A double entry shall be uncoupled for wagering purposes.(l) If the number of entries exceeds the number of greyhounds that may start in the race, the racing secretary shall determine which greyhounds shall start in the race.", "sourceNote": "Source Note: The provisions of this §315.102 adopted to be effective October 11, 1990, 15 TexReg 5708; amended to be effective March 7, 1991, 16 TexReg 1194; amended to be effective August 15, 1997, 22 TexReg 6866; amended to be effective October 30, 2000, 25 TexReg 10740; amended to be effective April 1, 2001, 26 TexReg 2154; amended to be effective April 4, 2005, 30 TexReg 1629." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119436", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.103", "label": "Eligibility To Enter or Start" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9297", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A greyhound that is entered in a purse race shall start in the race, unless the greyhound is scratched.(b) A greyhound may not enter or start in a race if:(1) the greyhound is disqualified from entry or start;(2) the greyhound has not been conditioned by a licensed trainer; or(3) the greyhound is on the official schooling list or the veterinarian's list.(c) A greyhound may not start in a race unless each person owning an interest in the greyhound or accepting a trainer's percentage, or having an interest in its winnings, at the time of entry into the race, is licensed by the Commission and the name of each person is registered with the racing secretary. In a stakes race, each person owning an interest in the greyhound or accepting a trainer percentage, or having an interest in its winnings, must be licensed at the time of the race.(d) A greyhound may not start in a race unless the greyhound has been fully identified.(e) Except as otherwise provided by this section, a greyhound may not start in a race if any entry money, stakes, or arrears is owed to the association for the greyhound. If the racing secretary permits a greyhound for which all money due has not been paid to start in a race, the racing secretary is liable for the payment.(f) A greyhound that is less than 12 months old may not start in a race other than a race conditioned for greyhounds of the same age.", "sourceNote": "Source Note: The provisions of this §315.103 adopted to be effective October 11, 1990, 15 TexReg 5708; amended to be effective October 30, 2000, 25 TexReg 10740; amended to be effective April 4, 2005, 30 TexReg 1629." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9297", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.104", "label": "Sales and Transfers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82165", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a greyhound is sold with any of its engagements, the seller may not strike the greyhound out of the engagements. If the sale is made by private contract, the written acknowledgment of both parties that the greyhound is sold with the engagements is necessary to entitle the seller or buyer to the benefit of this section. If certain engagements are specified, only those are sold with the greyhound.(b) If a greyhound is sold at public auction, the advertised conditions of the sale constitute the agreement of the parties, and if certain engagements are specified, only those are sold with the greyhound.(c) If a greyhound is sold with its engagements, the greyhound may not start in a stakes race unless the documents of the transfer has been shown to the racing secretary.(d) The seller of a greyhound with engagements is liable for stake or forfeit if the engagements are not kept.(e) If a greyhound is sold to a person who is not eligible to participate in pari-mutuel racing in this state, the greyhound's engagements are void as of the date of the sale.", "sourceNote": "Source Note: The provisions of this §315.104 adopted to be effective October 11, 1990, 15 TexReg 5708." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82165", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.105", "label": "Stakes Race" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "120439", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by the published notice of a stakes race, entries for a stakes race which close during or on the eve of a race meeting, close at the racing secretary's office. Entries for a sweepstakes that closes at another time close at the association's office.(b) An entry for a stakes races may not be received after the hour designated for closing. If an hour is designated, an entry may be mailed or sent by facsimile before midnight of the day of closing, provided the entry is received by the racing secretary with adequate time to comply with all other conditions of the race.(c) A nomination for a stakes race is valid if it is received by the racing secretary at least 24 hours before the close of entries for overnight races to be held on the same day at the stakes race.(d) If an entry for a stakes race that was sent by mail or facsimile is not timely received, the person sending the entry must present to the racing secretary proof of the mailing or facsimile not later than 24 hours after the deadline for receipt of the entry. The racing secretary may not accept an entry for which proof is not submitted in accordance with this subsection.(e) If a greyhound does not compete in a stakes race in which the greyhound was entered, the owner of the greyhound forfeits all nominating, sustaining, and stating fees paid in behalf of the greyhound.", "sourceNote": "Source Note: The provisions of this §315.105 adopted to be effective October 11, 1990, 15 TexReg 5708; amended to be effective October 30, 2000, 25 TexReg 10740." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "120439", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.106", "label": "Liability for Fees in Stake Races" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119437", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The owner of a greyhound nominated to a stakes race is liable for all nomination, sustaining, and other fees associated with the race. The death of a greyhound, failure to start, or mistake in its entry does not release the owner from liability for the applicable fees. If ownership of the greyhound is transferred after the greyhound is nominated for the race, the new owner is liable for all fees associated with the race that accrue after the date the ownership is transferred.(b) With the prior approval of the racing judges, the racing secretary may waive the obligation to pay arrears by a person who has sold a greyhound with engagements or transferred entries.", "sourceNote": "Source Note: The provisions of this §315.106 adopted to be effective October 11, 1990, 15 TexReg 5708; amended to be effective October 30, 2000, 25 TexReg 10740; amended to be effective July 15, 2005, 30 TexReg 3995." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119437", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.107", "label": "Payments of Nominating, Sustaining and Starting Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119438", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a stakes race is not run for any reason, the association shall refund all nominating, sustaining, and starting fees paid, if any.(b) In an emergency, an association may postpone or cancel a race or stakes race with the approval of the racing judges. The association shall refund all nominating, subscribing and starting fees for a race under this section.", "sourceNote": "Source Note: The provisions of this §315.107 adopted to be effective October 11, 1990, 15 TexReg 5708; amended to be effective October 30, 2000, 25 TexReg 10740; amended to be effective April 4, 2005, 30 TexReg 1629." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119438", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.108", "label": "Qualifying Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91401", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association, with the approval of the racing judges, shall establish qualifying times for all distances.(b) An association shall notify the executive secretary at least three days before the first day of a race meeting of the qualifying times established by the association. The association shall continuously post the qualifying times in a conspicuous place. A new qualifying time established during a race meeting takes effect, after approval by the racing judges, on the third day after the date the association posts the new time.(c) The period for race qualifications of greyhounds may not exceed the period from the beginning of official schooling to one week before the last day of the race meeting.", "sourceNote": "Source Note: The provisions of this §315.108 adopted to be effective October 11, 1990, 15 TexReg 5708; amended to be effective April 4, 2005, 30 TexReg 1629." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91401", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.109", "label": "Objection to Entry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119439", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who wishes to protest the eligibility of a greyhound entered in a race or to protest the weight of a greyhound must make the protest with the racing judges or other racing officials not less than one hour before post time for the first race on the day in which the greyhound is entered.(b) Notwithstanding subsection (a) of this section, the racing judges may take any action necessary to correct the eligibility or weight of a greyhound at any time before the start of the race in which the greyhound is scheduled to compete.(c) If the racing judges determine before the start of a race that a greyhound entered in the race is not eligible for the race, the racing judges shall immediately scratch the ineligible greyhound.", "sourceNote": "Source Note: The provisions of this §315.109 adopted to be effective January 1, 2002, 26 TexReg 10533." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119439", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.110", "label": "Scratches" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A greyhound may be scratched from a race only with the approval of the racing judges. A request to scratch a greyhound may be made only by the kennel owner or trainer. The request must be filed with the racing secretary at least 30 minutes before the time designated for the drawing of post positions or the time designated by the racing secretary.(b) A scratch that occurs as a result of a violation of a racing rule carries a penalty and/or suspension of the greyhound for six race days. The racing judges shall review the cause for a scratch and may take disciplinary action. If a greyhound is scratched because the kennel owner or trainer of the greyhound fails to have the greyhound at the paddock at the appointed time for weighing-in, the racing judges may impose disciplinary action against the person responsible.(c) If three or more greyhounds are withdrawn or scratched from a race, the racing judges may cancel the race.(d) The racing judges may scratch a greyhound from a race if they determine circumstances exist which would prevent the greyhound from making its best effort, the greyhound may not legally participate in the race, or the participation of the greyhound would negatively effect the competitiveness of the race or the wagering public.(e) A greyhound that is withdrawn from a race after the overnight entries are closed is considered a scratch and must be examined by the commission veterinarian before the first race of the performance in which the greyhound was scheduled to start.", "sourceNote": "Source Note: The provisions of this §315.110 adopted to be effective October 11, 1990, 15 TexReg 5708; amended to be effective October 30, 2000, 25 TexReg 10740; amended to be effective April 4, 2005, 30 TexReg 1629." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174111", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.111", "label": "Schooling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162049", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A greyhound that has never raced must be properly schooled at least twice in the presence of the racing judges and must, in the opinion of the racing judges, be sufficiently experienced before the greyhound may start in a race. A greyhound that has not had an official start in ten racing days must participate in an official schooling race at its established weight to be eligible to enter a race. A greyhound that has not raced officially for more than thirty days must school at least twice.(b) All schooling races shall be at a distance not less than three-sixteenths of a mile unless otherwise approved by the judges.(c) A greyhound that transfers from a racetrack outside of Texas must school at least once before it may start in a race other than a stakes or futurity race. A greyhound that transfers from a Texas racetrack may start in a race without additional schooling if the greyhound has raced in the ten-day period preceding the race. A greyhound that has not raced officially for more than thirty days must school at least twice.(d) To be official, at least six greyhounds must race in a schooling race, except by permission of the racing judges. Leadouts must be used in an official schooling race, and the greyhounds must race at their established racing weight and start from the box wearing blankets. The association shall provide photofinish equipment for official schooling races.(e) Hand schooling is not official schooling.(f) The racing judges may place a greyhound on the official schooling list at any time. A greyhound on the official schooling list must be schooled officially and satisfactorily before being eligible to enter.(g) If the racing judges determine that a greyhound has fallen or been involved in a serious jam in a race, the racing judges may require the greyhound to be schooled officially and satisfactorily before being eligible to enter.", "sourceNote": "Source Note: The provisions of this §315.111 adopted to be effective October 11, 1990, 15 TexReg 5708; amended to be effective October 15, 1995, 20 TexReg 7599; amended to be effective January 3, 1996, 20 TexReg 11012; amended to be effective April 4, 2005, 30 TexReg 1629; amended to be effective October 19, 2015, 40 TexReg 7221." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162049", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "B", "label": "ENTRIES AND PRE-RACE PROCEDURES" }, "rule": { "number": "§315.112", "label": "Ineligibility Due to Improper Greyhound Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board of racing judges may ban a greyhound for life from being kenneled or participating in racing on association grounds if it finds that the greyhound has been trained at any facility that has engaged in any detrimental practice related to the training of greyhounds using a live or dead animal or fowl.(b) This section does not apply to the use of a training lure that is made from cured animal hides or pelts and is commercially available to the public.", "sourceNote": "Source Note: The provisions of this §315.112 adopted to be effective May 30, 2013, 38 TexReg 3341." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119441", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.201", "label": "Racing Weight" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119442", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before a greyhound may school or race at a racetrack, the owner or trainer must establish the racing weight for the greyhound with the clerk of scales.(b) Each greyhound entered in a race in a performance must be weighed in by the prescribed time approved by the racing judges.(c) The greyhound's kennel owner, trainer, assistant trainer or kennel helper shall deliver the greyhound to the weighing-in room in sufficient time to have the greyhound weighed in in accordance with this section.(d) If a greyhound's weight at weigh-in varies from the greyhound's established racing weight by more than 1 1/2 pounds, the racing judges shall scratch the greyhound.(e) If a greyhound's weight at weigh-in varies by more than two pounds from the greyhound's weight at weigh-in for the greyhound's previous race, the racing judges shall scratch the greyhound.(f) Except as otherwise provided by this subsection, if a greyhound at weigh-out has lost more than two pounds while in the lockout kennel, the racing judges shall scratch the greyhound. If the commission veterinarian certifies that the greyhound's weight loss does not impair the racing condition of the greyhound, the racing judges may permit the greyhound to race.(g) A greyhound that is scratched from a race because of overweight or underweight shall be suspended for six race days and must officially school before starting in a race. A greyhound scratched under this subsection may school during the term of the suspension.", "sourceNote": "Source Note: The provisions of this §315.201 adopted to be effective October 11, 1990, 15 TexReg 5710; amended to be effective April 4, 2005, 30 TexReg 1630." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119442", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.202", "label": "Changes in Established Weight" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119443", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A kennel owner or trainer for a greyhound may change the established racing weight for a greyhound by filing a written request by the change and obtaining written consent of the racing judges. The greyhound may not race at the new weight before the third day after the date the racing judges consent. A weight change at an official schooling race goes into effect on approval of the racing judges.(b) A greyhound that is granted a change of more than one pound in established racing weight must school twice at the new weight, and more if ordered by the racing judges, before being eligible to start at the new weight.(c) The racing judges may weigh a greyhound entered in a race at any time after entry until post time for the race.", "sourceNote": "Source Note: The provisions of this §315.202 adopted to be effective October 11, 1990, 15 TexReg 5710; amended to be effective April 4, 2005, 30 TexReg 1630." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119443", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.203", "label": "Placement in Lockout" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9308", "queryAsDate": "03/11/2026" }, "ruleBody": "Immediately after being weighed in, a greyhound shall be placed in the lockout kennel under the supervision of the paddock judge. Only the paddock judge, commission veterinarian, kennel master, clerk of scales, leadout, racing judge, or representative of the Commission may enter the lockout kennel. A kennel owner or trainer may accompany a greyhound into the lockout kennel under the direct supervision of a racing judge or a designee of the racing judges.", "sourceNote": "Source Note: The provisions of this §315.203 adopted to be effective October 11, 1990, 15 TexReg 5710; amended to be effective April 4, 2005, 30 TexReg 1630." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9308", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.204", "label": "Paddock to Post" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119444", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A greyhound must be exhibited in the paddock before post time of the race in which the greyhound is entered.(b) A greyhound may be led from the paddock to the starting box only by a licensed leadout provided by the association. The leadout shall place the greyhound in the proper box and retire to the assigned place. The association shall provide one leadout for each greyhound in the race.(c) While leading a greyhound from the paddock to the starting box or returning from the starting box, a leadout may not converse with a patron or another leadout about a matter that is inconsistent with the performance of the leadout's duties.(d) After the greyhounds have left the paddock for the starting box, the track gates shall be closed and, until the racing judges order the gates reopened, only racing officials and necessary attendants may enter the track.", "sourceNote": "Source Note: The provisions of this §315.204 adopted to be effective October 11, 1990, 15 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119444", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.205", "label": "Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "734", "queryAsDate": "03/11/2026" }, "ruleBody": "During a race, a greyhound must wear a racing muzzle with a white tip and a blanket displaying the official program number for the greyhound.", "sourceNote": "Source Note: The provisions of this §315.205 adopted to be effective October 11, 1990, 15 TexReg 5710; amended to be effective April 4, 2005, 30 TexReg 1630." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "734", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.206", "label": "Operation of Lure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9307", "queryAsDate": "03/11/2026" }, "ruleBody": "The racing judges shall closely observe the operation of the lure and hold the lure operator strictly accountable for inconsistency in operation.", "sourceNote": "Source Note: The provisions of this §315.206 adopted to be effective October 11, 1990, 15 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9307", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.207", "label": "Leaving the Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9295", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a greyhound bolts the course, runs in the opposite direction, or does not run the entire prescribed distance for the race, the greyhound forfeits all rights in the race. The racing judges shall determine the official finish of the race as if the greyhound was not racing.(b) Notwithstanding this section, a greyhound that bolts the course, runs in the opposite direction, or does not run the entire prescribed distance for the race is considered a starter.", "sourceNote": "Source Note: The provisions of this §315.207 adopted to be effective October 11, 1990, 15 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9295", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.208", "label": "Interference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82167", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a greyhound causes interference with the running of the race because of an accident, failure to leave the starting box, or another reason, an individual stationed along the racetrack may remove the greyhound from the racetrack.(b) A greyhound removed from a racetrack under this section is considered a starter.(c) If a greyhound is cited for interference by the racing judges, all films of the race shall be made available for viewing by the kennel owner or trainer with the racing judges.", "sourceNote": "Source Note: The provisions of this §315.208 adopted to be effective October 11, 1990, 15 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82167", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.209", "label": "No Race" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119445", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a race is marred by jams, spills, or racing circumstances other than accidents to the equipment while a race is being run, and three or more greyhounds finish, the racing judges shall declare the race finished and official. If less than three greyhounds finish in such a race, the racing judges shall declare \"no race\" and all money wagered on the race shall be refunded.(b) During a race, if the lure does not remain in advance of all the greyhounds at all times, or if a greyhound catches or passes the lure during a race, the racing judges shall declare \"no race\" and all money wagered on the race shall be refunded.(c) During the running of a race, if a greyhound bolts the course or runs in the opposite direction of the running of the race, and the racing judges determine that the greyhound interfered with another greyhound in the race, the racing judges shall declare \"no race\" and all money wagered on the race shall be refunded.(d) The racing judges shall immediately report a \"no race\" to the executive secretary and include a detailed explanation of the cause. Not later than five days after the date of a \"no race\", the association may apply to the executive secretary for a make-up race to replace the \"no race\".", "sourceNote": "Source Note: The provisions of this §315.209 adopted to be effective October 11, 1990, 15 TexReg 5710; amended to be effective October 30, 2000, 25 TexReg 10741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119445", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.210", "label": "Price Distribution in Dead Heats" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119446", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If two or more greyhounds finish a race in a dead heat, the prize and money to which those greyhounds would have been entitled had they not finished in a dead heat shall be divided equally among the greyhounds.(b) If the owners who are to divide a prize cannot agree as to which owner is to have a nondivisible prize, such as a trophy, the racing judges shall distribute the nondivisible prize by lot.", "sourceNote": "Source Note: The provisions of this §315.210 adopted to be effective October 11, 1990, 15 TexReg 5710; amended to be effective April 4, 2005, 30 TexReg 1630." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119446", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "C", "label": "RACE PROCEDURES" }, "rule": { "number": "§315.211", "label": "Objections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "93055", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An objection regarding a race, other than the actual running of the race, must be made by an owner, kennel owner or trainer of a greyhound engaged in the race, or an official. An objection must be made to the racing judges, who may require that the objection be made in writing with a copy sent immediately to the executive secretary.(b) Except as otherwise provided by this subsection, an objection must be made to the racing judges not later than 72 hours after the race is run. An objection to a decision of the clerk of scales must be made before the greyhounds leave the paddock for the post.(c) Pending a decision on an objection, any money or prize to which a greyhound that is the subject of the objection would be entitled shall be held until the objection is decided.", "sourceNote": "Source Note: The provisions of this §315.211 adopted to be effective October 11, 1990, 15 TexReg 5710; amended to be effective October 30, 2000, 25 TexReg 10741; amended to be effective April 4, 2005, 30 TexReg 1630." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "93055", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "315", "label": "OFFICIALS AND RULES FOR GREYHOUND RACING" }, "subchapter": { "number": "D", "label": "GREYHOUND BREEDING FARMS" }, "rule": { "number": "§315.250", "label": "Standards for Greyhound Breeding Farms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174112", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission adopts by reference the standards for inspection of greyhound breeding farms of the National Greyhound Association dated October, 1993, amended October, 2000 and October, 2001. Copies of these standards are available at the Texas Racing Commission, P.O Box 12080, Austin, Texas 78711 or at the Commission office at 8505 Cross Park Drive, Suite 110, Austin, Texas 78754-4594.", "sourceNote": "Source Note: The provisions of this §315.250 adopted to be effective March 13, 2002, 27 TexReg 1731." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174112", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.1", "label": "Purpose and Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9296", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this chapter is to protect the integrity of horse and greyhound racing, to ensure the health of race animals, and to safeguard the interests of the public and the participants in racing through the prohibition and control of all prohibited drugs, chemicals, and other substances.(b) For purposes of this chapter, \"prohibited drugs, chemicals, or other substances\" means:(1) any stimulants, depressants, tranquilizers, local anesthetics, drugs, other drug metabolites which could affect the health or performance of a race animal, however minimal, except as expressly permitted by this chapter;(2) a drug permitted by this chapter in excess of the maximum or other restrictions in this chapter;(3) a substance present in the race animal in excess of a concentration at which such a substance could occur naturally; and(4) a drug or substance, regardless of how harmless or innocuous it might be, which interferes with the detection of stimulants, depressants, tranquilizers, local anesthetics, drugs, or drug metabolites which could affect the health or performance of a race animal, however minimal, or quantitation of drugs permitted by this chapter.", "sourceNote": "Source Note: The provisions of this §319.1 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective November 1, 1998, 23 TexReg 10637; amended to be effective October 19, 2015, 40 TexReg 7221." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9296", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.2", "label": "Treatment Restricted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209311", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a person other than a veterinarian licensed by the commission may not administer a medication to a race animal that is located on an association's grounds.(b) This section does not apply to the administration of:(1) a recognized nutritional supplement or other substance approved by the commission veterinarian; or(2) a noninjectable substance on the direction or by prescription of a licensed veterinarian.", "sourceNote": "Source Note: The provisions of this §319.2 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective November 29, 1990, 15 TexReg 6589; amended to be effective May 7, 1991, 16 TexReg 2301; amended to be effective November 1, 1998, 23 TexReg 10637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209311", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.3", "label": "Medication Restricted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9318", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a horse or greyhound participating in a race may not carry in its body a prohibited drug, chemical, or other substance.(b) Furosemide at or below the approved tolerance level in a horse that has been admitted to the furosemide program is permissible. The maximum permissible concentration shall be published on the list of therapeutic drugs posted under subsection (c) of this section.(c) Therapeutic drugs that are necessary for treatment of illness or injury in race animals are permissible, provided that:(1) the therapeutic drug is on a written list of permissible levels of therapeutic medications that is approved by the executive secretary, maintained by the commission veterinarian, and posted in the commission veterinarians' office; and(2) the concentration of the drug does not exceed the maximum permissible concentration on the written list of therapeutic drugs.(d) Except as otherwise provided by this chapter, a person may not administer or cause to be administered to a horse or greyhound a prohibited drug, chemical, or other substance, by injection, oral or topical administration, rectal infusion or suppository, nasogastric intubation, inhalation, or any other means during the 24-hour period before the post time for the race in which the animal is entered.(e) A positive finding by a chemist of a prohibited drug, chemical, or other substance in a test specimen of a horse or greyhound collected on the day of a race, subject to the rules of the commission relating to split specimens, is prima facie evidence that the prohibited drug, chemical, or other substance was administered to the animal and was carried in the body of the animal while participating in a race.(f) Except as provided in paragraph (1) of this subsection, beta-agonists are prohibited substances and shall not be administered to a horse participating in racing at any time.(1) A horse may only be administered beta-agonists if:(A) it is prescribed by a licensed veterinarian;(B) within 24 hours of initiating treatment, the trainer or owner has submitted to the Commission a form prescribed by the Commission and signed by the attending veterinarian, indicating:(i) the name of the horse;(ii) the name of the trainer;(iii) the name of the attending veterinarian;(iv) that the attending veterinarian has personally examined the horse and made an accurate clinical diagnosis justifying the prescription;(v) the proper dosage and route of administration; and(vi) the expected duration of treatment; and(C) only FDA-approved beta-agonists that are labeled for use in the horse is prescribed and dispensed.(2) A horse that has been administered beta-agonists under paragraph (1) of this subsection shall be placed on the Veterinarian's List for a period ending not less than 30 days after the last administration of the drug as prescribed, subject to a negative test for beta-agonist drugs before being removed from the list.(A) In order to have a horse removed from the Veterinarian's List after being placed on the list pursuant to paragraph (1) of this subsection, the trainer must contact a commission veterinarian to schedule a time and test barn location where the horse must be presented after the thirtieth day in order for a commission veterinarian to obtain test specimens to be submitted to the official laboratory for testing.(B) The cost of each test conducted under this section, including applicable shipping costs, shall be borne by the owner and must be paid in full at the time the specimens are shipped to the laboratory.(C) The collected specimens must not have any detectable level of beta-agonist drugs. If no detectable level of any beta-agonist drug is present, the horse shall be removed from the Veterinarian's List. If a detectable level of any beta-agonist drug is present, then the horse shall remain on the Veterinarian's List until such time that a test specimen reveals no detectable level of any beta-agonist drug.(D) A horse placed on the Veterinarian's List pursuant to paragraph (1) of this subsection may not be entered in a race until it has been removed from the list.", "sourceNote": "Source Note: The provisions of this §319.3 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective November 29, 1990, 15 TexReg 6589; amended to be effective April 3, 1991, 16 TexReg 1748; amended to be effective November 22, 1991, 16 TexReg 6459; amended to be effective August 3, 1992, 17 TexReg 5084; amended to be effective November 1, 1998, 23 TexReg 10637; amended to be effective November 1, 2001, 26 TexReg 8512; amended to be effective December 8, 2011, 36 TexReg 8371; amended to be effective January 1, 2014, 38 TexReg 9528; amended to be effective September 10, 2018, 43 TexReg 5680; amended to be effective November 20, 2019, 44TexReg 7045; amended to be effective June 29, 2022, 47 TexReg 3683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9318", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.4", "label": "Veterinarians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164079", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A greyhound racetrack shall employ at least one association veterinarian to perform the duties described by this section.(b) The commission shall employ at least one veterinarian at each greyhound racetrack and at least two veterinarians at each horse racetrack.(c) The commission veterinarians shall oversee the association veterinarian and all veterinarians practicing at a racetrack and may:(1) observe any of a veterinarian's practices at the racetrack; and(2) require a veterinarian to report at any time regarding the veterinarian's practices at the racetrack.(d) The commission and association veterinarians shall report to the stewards or racing judges an alleged violation of the Act or a rule of the commission by a veterinarian.(e) The association veterinarians must be licensed by the Texas State Board of Veterinary Medical Examiners.(f) The commission veterinarians shall advise the stewards or racing judges on all veterinary matters and shall:(1) maintain the veterinarian's list as required by these rules;(2) conduct pre-race examinations as required by these rules;(3) attend to the race animals in the paddock, on the track, at the starting gate, and during the running of the race at a horse racetrack;(4) supervise the operation of the test barn or test area and the collection of specimens for testing;(5) maintain the list of permissible trace levels of drugs which are therapeutic and necessary for the treatment of illness or injury in race animals;(6) conduct stable area and kennel inspections to ensure that race animals are housed in a safe, humane, and sanitary environment;(7) maintain a database of all racing-related injuries incurred at the track; and(8) perform any other duties imposed on the commission veterinarian by these rules, or the commission, or the executive secretary.(g) An association veterinarian shall:(1) be present at each official schooling and each official race performance;(2) provide emergency care to greyhounds acutely injured or stressed while at the racetrack; and(3) perform any other duties imposed on the association veterinarian by these rules, the commission, or the executive secretary.(h) During the term of an association veterinarian's employment, it is not a conflict of interest for the veterinarian to:(1) dispense or administer medications or biologicals sold only by veterinary suppliers to licensed veterinarians;(2) provide emergency medical treatment to injured greyhounds at no cost; or(3) charge a fee for veterinary services performed, other than emergency services.", "sourceNote": "Source Note: The provisions of this §319.4 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective January 10, 1990, 15 TexReg 28; amended to be effective November 29, 1990, 15 TexReg 6590; amended to be effective November 1, 1998, 23 TexReg 10637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164079", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.5", "label": "Report of Treatment by Veterinarians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100467", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Veterinarians who treat race animals shall maintain reports of the treatment in strict compliance with the requirements of the Texas State Board of Veterinary Medical Examiners. Veterinarians shall make the report available to a steward, judge or Commission veterinarian within 24 hours of a request.(b) A report of treatment provided to the stewards, racing judges or a Commission veterinarian pursuant to subsection (a) of this section becomes part of the confidential investigatory files of the Commission.", "sourceNote": "Source Note: The provisions of this §319.5 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective October 11, 1990, 15 TexReg 5713; amended to be effective August 3, 1992, 17 TexReg 5084; amended to be effective November 1, 1998, 23 TexReg 10637; amended to be effective October 31, 2013, 38 TexReg 7439." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100467", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.6", "label": "Access to Pre-race and Test Areas Restricted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "30012", "queryAsDate": "03/11/2026" }, "ruleBody": "To ensure the safety and security of the race animals, an individual or race animal may not enter the pre-race area, the lockout kennel, or the test areas unless:(1) the race animal is participating in a race, being schooled, or being tested; or(2) the individual is required for the attendance of a race animal.", "sourceNote": "Source Note: The provisions of this §319.6 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective March 1, 2003, 28 TexReg 1636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "30012", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.7", "label": "Labeling Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9313", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not possess on association grounds a drug, medication, chemical, foreign substance or other substance that is prohibited in a race animal on a race day unless the product is labeled in accordance with this section.(b) A drug or medication which is used or kept on association grounds by a licensee other than a veterinarian and which, by federal or state law, requires a prescription must have been validly prescribed by a licensed veterinarian and in compliance with the applicable federal or state law. All such drugs or medications must have a prescription label which is securely attached and clearly ascribed to show the following:(1) the name of the product;(2) the name, address, and telephone number of the veterinarian prescribing or dispensing the product;(3) the name of each patient (race animal) for whom the product is intended/prescribed;(4) the dose, dosage, duration of treatment and expiration date of the prescribed/dispensed product; and(5) the name of the person (trainer) to whom the product was dispensed.(c) A veterinarian may not possess, dispense, or sell on association grounds a product that is intended for compounding, dispensation, or sale unless the product is labeled in accordance with all applicable labeling requirements in federal or state law.(d) The commission or its agents may seize a product possessed on association grounds to determine whether the product is labeled in accordance with this section. It is considered a violation of this section if subsequent analysis of or investigation regarding a product reveals that any of the information on the product's label is inaccurate or untruthful.", "sourceNote": "Source Note: The provisions of this §319.7 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective August 15, 1995, 20 TexReg 5383; amended to be effective January 3, 1996, 20 TexReg 11012; amended to be effective April 1, 1997, 22 TexReg 2965." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9313", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.8", "label": "Submission Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "736", "queryAsDate": "03/11/2026" }, "ruleBody": "On request by the executive secretary, the owner or trainer of a race animal shall:(1) permit the commission veterinarian or association veterinarian to examine the animal; or(2) permit the commission veterinarian to conduct tests on the animal to determine the state of the animal's health.", "sourceNote": "Source Note: The provisions of this §319.8 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective November 29, 1990, 15 TexReg 6590; amended to be effective November 1, 1998, 23 TexReg 10637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "736", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.9", "label": "Witnesses Permitted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9317", "queryAsDate": "03/11/2026" }, "ruleBody": "If the commission veterinarian orders an examination or test to be performed on a race animal, the owner, trainer, or a person designated by the owner or trainer and a person designated by the commission is entitled to witness the examination or test.", "sourceNote": "Source Note: The provisions of this §319.9 adopted to be effective August 14, 1989, 14 TexReg 3802." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9317", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.10", "label": "Devices and Substances Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "737", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a person in a restricted area on association grounds during a live race meeting may not possess:(1) an injectable container of a prohibited drug, chemical, or other substance; or(2) a parenteral administration device, such as a hypodermic syringe, hypodermic needle, fluid administration set, or other device for making injections into a race animal.(b) This section does not apply to an individual who has a valid prescription from a physician for an injectable medication for the individual's own use, provided the individual has notified the stewards or racing judges and has received their approval in writing on a form prescribed by the commission.(c) This section does not apply to a veterinarian licensed by the commission or a veterinary technician licensed by the commission acting under the direct supervision of a veterinarian licensed by the commission.(d) For purposes of this section, \"restricted area\" means:(1) the paddock;(2) the stable or kennel area; and(3) any area on association grounds that may be entered only on display of a valid license badge or other pass issued by the commission or the association.", "sourceNote": "Source Note: The provisions of this §319.10 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective November 29, 1990, 15 TexReg 6590; amended to be effective April 3, 1991, 16 TexReg 1748; amended to be effective November 22, 1991, 16 TexReg 6460; amended to be effective January 1, 1998, 22 TexReg 12049; amended to be effective November 1, 1998, 23 TexReg 10637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "737", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.11", "label": "Powers of Inspection, Examination, and Search and Seizure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9314", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A peace officer, including a peace officer commissioned by the commission, or a commissioned officer of the Department of Public Safety who is assigned to work on racing investigations may enter an office, a racetrack, any area on association grounds, or any similar area or other place of business of an association at any time to inspect, examine, or search an individual's person and possessions in that area and to seize any contraband or other item that is found, which may be evidence of a rule violation or a criminal offense. A search of dormitory rooms where participants of racing actually reside will be conducted pursuant to a validly obtained warrant to search, or without a warrant if consent is obtained or exigent circumstances exist.(b) A person conducting a search authorized by this section may obtain the assistance of a commission employee or an employee of another local, state, or federal governmental entity.(c) By applying for, accepting, or holding a license under the Act, an individual licensee consents to an inspection, examination, or search conducted under this section of the licensee's person and possessions while on premises covered by this section and to the seizure of any contraband or other item that is found which may be evidence of a rule violation or a criminal offense. Consent described in this subsection:(1) is not effective for a search outside the premises covered by this section;(2) is not effective for a search conducted at a time when no valid license was in effect, unless at the time of the search the licensee who was searched claimed the existence of a valid license as authority to enter or remain in an area covered by this section;(3) is not limited in effect to a pre-race or post-race search or a search on a race day; and(4) is not limited in effect to a search based on reasonable cause, reasonable suspicion, reasonable grounds, probable cause, or any similar legal standard.(d) By applying for, accepting, or holding a temporary pass to enter or remain on any restricted area of association grounds, an individual who is not a licensee consents to a search conducted under this section of the individual's person or possessions in that area and to the seizure of any contraband or other item that is found which may be evidence of a rule violation or a criminal offense. Consent described in this subsection:(1) is not effective for a search outside the restricted area covered by this subsection;(2) is not effective for a search conducted at a time when no temporary pass was in effect, unless at the time of the search the individual who was searched claimed the existence of a valid pass as authority to enter or remain in the restricted area covered by this subsection;(3) is not limited in effect to a pre-race or post-race search or a search on a race day; and(4) is not limited in effect to a search based on reasonable cause, reasonable suspicion, reasonable grounds, probable cause, or any similar legal standard.(e) A licensee, an officer, employee, or agent of an association, or holder of a temporary pass may not refuse or deny a request by a person acting under the authority of this section to enter, inspect, examine, or search any property that is covered by this section and to seize any contraband or other item that is found which may be evidence of a rule violation or a criminal offense.(f) An association shall post a sign at each entrance to, but outside of, any restricted area of association grounds that gives conspicuous notice of at least the following:(1) the consent to search given by a licensee under this section;(2) the consent to search given by a non-licensee under this section;(3) the criminal consequences for refusing or denying a request by a person acting under the authority of this section to inspect, examine, or search any property that is within a restricted area and to seize any contraband or other item that is found which may be evidence of a rule violation or a criminal offense; and(4) the fact that entry into the restricted area of association grounds is forbidden except for a person holding a credential or temporary pass or for another person expressly permitted to enter under the Act or commission rules.", "sourceNote": "Source Note: The provisions of this §319.11 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective November 22, 1991, 16 TexReg 6460; amended to be effective May 1, 1992, 17 TexReg 2769; amended to be effective November 1, 1998, 23 TexReg 10637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9314", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.12", "label": "Cooperation Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9316", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee, an association, and each officer, employee, or agent of an association shall cooperate fully with the commission, the Department of Public Safety, or other law enforcement agency in the investigation or prosecution of a violation of the Act or commission rules regarding contraband and any other item which may be evidence of a rule violation or a criminal offense.", "sourceNote": "Source Note: The provisions of this §319.12 adopted to be effective August 14, 1989, 14 TexReg 3802; amended to be effective May 1, 1992, 17 TexReg 2769." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9316", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.13", "label": "Disposable Syringes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85739&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85739", "queryAsDate": "03/11/2026" }, "ruleBody": "All practicing veterinarians shall use single-use disposable needles and syringes while on association grounds and shall dispose of the used needles and syringes off the association grounds. The association veterinarian shall dispose of used needles and syringes in a manner approved by the commission veterinarian.", "sourceNote": "Source Note: The provisions of this §319.13 adopted to be effective November 3, 1989, 14 TexReg 5623; amended to be effective November 29, 1990, 15 TexReg 6590; amended to be effective November 1, 1998, 23 TexReg 10637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85739&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85739", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.14", "label": "Possession of Certain Substances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27940", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a veterinarian may not possess on association grounds a controlled substance, as defined by the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, unless the controlled substance is on an approved list developed by the executive secretary.(b) Except as otherwise provided by this section, a veterinarian may not possess on association grounds a prohibited drug, chemical, or other substance listed as a Class I or Class II substance on the latest version of the classification developed under §319.304 of this title (relating to Penalties on Positive Test), unless the substance is on an approved list developed by the executive secretary.(c) The commission veterinarian shall post the approved lists developed under this section in the commission veterinarian's office and in a prominent place that will ensure access by veterinarians and other interested persons.(d) A veterinarian must obtain prior written approval from the commission veterinarian to possess a substance which is not on the approved list. The commission veterinarian may not approve the possession of a substance which is not on the approved list unless the person requesting approval submits documentation in recognized veterinary journals or by recognized veterinary experts that the substance has a proven beneficial, therapeutic application for a horse or greyhound in race training.(e) A person may not prescribe, provide, obtain, order, administer, possess, dispense, give or deliver a controlled substance, prescription drug, or legend drug to or for a race animal solely for training or racing purposes.", "sourceNote": "Source Note: The provisions of this §319.14 adopted to be effective November 3, 1989, 14 TexReg 5623; amended to be effective December 10, 1992, 17 TexReg 8293; amended to be effective January 3, 1996, 20 TexReg 11012; amended to be effective November 1, 1998, 23 TexReg 10637; amended to be effective April 1, 2001, 26 TexReg 2155." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27940", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.15", "label": "Storage of Certain Medications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100468", "queryAsDate": "03/11/2026" }, "ruleBody": "A person possessing a vaccine, antitoxin, or immune serum on association grounds shall ensure the product is held and transported in a temperature controlled, light-proof, and appropriately cooled container that will protect against the product's loss of potency.", "sourceNote": "Source Note: The provisions of this §319.15 adopted to be effective January 3, 1996, 20 TexReg 11013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100468", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.16", "label": "Postmortem Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "110052", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission veterinarian may order a postmortem examination on any race animal that, while on an association's grounds, dies or suffers an injury in training or in competition and is subsequently euthanized. The examination shall be conducted at a time and place acceptable to the commission veterinarian and to the extent reasonably necessary to determine the injury or sickness that resulted in the death or euthanasia of the race animal.(b) An examination required by this section must be conducted by a veterinarian licensed by the Commission on the authority of the commission veterinarian or at a qualified laboratory approved by the commission veterinarian. The commission veterinarian shall either witness the examination or designate another person to witness the examination.(c) Specimens may be obtained from a race animal for which a postmortem examination has been ordered and may be delivered for testing to an approved laboratory in accordance with Subchapter D of this chapter (relating to Drug Testing). When practical, specimens should be procured before euthanasia.(d) Specimens may be obtained from a race animal that was euthanized but for which no postmortem examination was ordered and may be delivered for testing to an approved laboratory in accordance with Subchapter D of this chapter.(e) The owner of a deceased race animal shall pay any charges due the veterinarian or laboratory which conducts the postmortem examination or subsequent laboratory tests.(f) Not later than 72 hours after a postmortem examination, the person who conducted the examination shall file a report of the examination with the commission veterinarian on a form prescribed by the executive secretary.(g) An owner or trainer who fails to comply with this section is subject to disciplinary action by the executive secretary.", "sourceNote": "Source Note: The provisions of this §319.16 adopted to be effective March 1, 2003, 28 TexReg 1636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "110052", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§319.17", "label": "Removal of a Race Animal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "30009", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission veterinarian may order a race animal removed from association grounds if the Commission veterinarian determines:(1) a race animal on association grounds presents a danger of communicable or contagious disease to the other animals on the grounds; or(2) a race animal has sustained an injury that requires specialized veterinary treatment beyond the scope of normal veterinary care offered on association grounds.", "sourceNote": "Source Note: The provisions of this §319.17 adopted to be effective May 6, 2004, 29 TexReg 4149." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "30009", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.101", "label": "Pre-Race Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197055", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A commission veterinarian shall examine each horse entered in a race on the day it is to race to determine the horse's health and soundness for racing.(b) The examination may include any practice or procedure which the commission veterinarian considers necessary to determine the health and soundness of the horse for racing. The examination may be conducted at any time before the actual start of the race.", "sourceNote": "Source Note: The provisions of this §319.101 adopted to be effective August 14, 1989, 14 TexReg 3804; amended to be effective October 11, 1990, 15 TexReg 5713; amended to be effective November 1, 1998, 23 TexReg 10638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197055", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.102", "label": "Veterinarian's List" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9321", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission veterinarian shall maintain a veterinarians' list of the horses that are ineligible to start in a race due to physical distress, unsoundness, or infirmity. The test barn supervisor shall ensure that a current version of the veterinarian's list is posted daily in the racing office.(b) On a form prescribed by the executive secretary, the commission veterinarian shall notify the racing secretary and the trainer of a horse placed on the veterinarian's list as soon as practical after placing the horse on the list.(c) A horse that is placed on the veterinarian's list may not be removed from the list before the fourth day after the date the horse is placed on the list. A horse may be removed from the veterinarian's list only on demonstrating to the commission veterinarian that the horse is raceably sound and in fit physical condition to exert its best effort in a race.(d) Before removing a horse from the veterinarian's list, the commission veterinarian may require the horse to perform satisfactorily in a workout or qualifying race. Performance in such a workout or qualifying race must be conducted in accordance with §319.3 of this title (relating to Medication Restricted), except that, for a workout or qualifying race to be used for the purpose of removing a horse from the veterinarian's list, the horse must not have any detectable level of permissible therapeutic medication other than furosemide. The commission veterinarian may require the collection of test specimens from a horse after a workout or race required under this subsection. If a specimen is collected under this subsection, the commission veterinarian may not remove the horse from the veterinarian's list until the results of the test are negative.(e) A workout for or an examination by a commission veterinarian in any pari-mutuel jurisdiction will be recognized for the purposes of removing a horse from the veterinarian's list.", "sourceNote": "Source Note: The provisions of this §319.102 adopted to be effective August 14, 1989, 14 TexReg 3804; amended to be effective October 11, 1990, 15 TexReg 5713; amended to be effective June 1, 1995, 20 TexReg 3661; amended to be effective October 1, 1996, 21 TexReg 9063; amended to be effective March 1, 2003, 28 TexReg 1637; amended to be effective July 16, 2007, 32 TexReg 4386; amended to be effective November 20, 2019, 44 TexReg 7046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9321", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.104", "label": "Blocking of Legs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "738", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On a race day on which a horse is scheduled to race, a person may not desensitize any part of the horse's leg by a means other than ice.(b) Except as otherwise provided by this subchapter, a person may not permit a horse to run in a race if the person knows the horse is desensitized at the time the horse arrives in the pre-race holding area.(c) For purposes of this section, desensitize means to create a condition in which a horse's body does not respond appropriately to tests for feeling administered by the commission veterinarian.", "sourceNote": "Source Note: The provisions of this §319.104 adopted to be effective August 14, 1989, 14 TexReg 3804." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "738", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.105", "label": "Bandages" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "30013", "queryAsDate": "03/11/2026" }, "ruleBody": "On leaving the pre-race holding area to enter the paddock, a horse may not have any leg coverings other than leg coverings approved by the stewards.", "sourceNote": "Source Note: The provisions of this §319.105 adopted to be effective August 14, 1989, 14 TexReg 3804; amended to be effective April 2, 1990, 15 TexReg 1513; amended to be effective November 1, 1998, 23 TexReg 10638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "30013", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.106", "label": "Nerved Horses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9322", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a person may not allow to be entered in a race a horse that has had a nerve removed from one of its legs.(b) This section does not apply to a horse on which a palmar digital neurectomy has been performed provided:(1) the commission veterinarian determines that the loss of sensation caused by the palmar digital neurectomy will not endanger the safety of a horse or rider;(2) the commission veterinarian has given prior approval before the horse is entered in the race;(3) the racing secretary of the association is notified of the palmar digital neurectomy at the time the horse is entered in the race; and(4) the horse's registration or eligibility certificate is marked to indicate the palmar digital neurectomy.(c) The racing secretary shall maintain a list of nerved horses that are registered to race at that track and make the list available for inspection by other licensees participating in the race meeting.(d) A veterinarian who performs a palmar digital neurectomy on a horse located on association grounds shall report that fact to the commission veterinarian and to the racing secretary.", "sourceNote": "Source Note: The provisions of this §319.106 adopted to be effective August 14, 1989, 14 TexReg 3804; amended to be effective October 11, 1990, 15 TexReg 5713; amended to be effective November 1, 1998, 23 TexReg 10638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9322", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.107", "label": "Altering Sex of Horse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131053", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian who alters the sex of a horse as recorded on the certificate of foal registration or eligibility certificate and that is scheduled to race in an association's race meeting shall report the alteration to the horse identifier.(b) If the sex of a horse is altered on an association's grounds, the trainer of the horse shall make the report required by this section not later than 72 hours after the alteration.(c) The horse identifier shall record the alteration on the official registration certificate and the horse identification record of the horse.", "sourceNote": "Source Note: The provisions of this §319.107 adopted to be effective August 14, 1989, 14 TexReg 3804; amended to be effective April 2, 1990, 15 TexReg 1514; amended to be effective November 1, 1998, 23 TexReg 10638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131053", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.108", "label": "Extracorporeal Shock Wave Therapy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9323", "queryAsDate": "03/11/2026" }, "ruleBody": "The use of Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy shall not be permitted unless the following conditions are met:(1) Any Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines on the association grounds must be registered with and approved by the Commission or its designee before use;(2) The use of Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines shall be limited to veterinarians licensed to practice by the Commission;(3) All Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy treatments must be reported to the commission veterinarian or the commission veterinarian's designee on the prescribed form within 24 hours; and(4) Any treated horse shall be on the veterinarian's list for 10 days following treatment.", "sourceNote": "Source Note: The provisions of this §319.108 adopted to be effective July 16, 2007, 32 TexReg 4386." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9323", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.109", "label": "Destruction of Horses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225396", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a horse becomes disabled on the racetrack, the rider shall dismount and unsaddle the horse as soon as possible.(b) If the condition of the horse requires its destruction within the view of the patrons, the commission veterinarian shall ensure that a screen is placed in a manner that shields the horse from the view of the patrons.(c) The commission veterinarian may order a horse to be euthanized if the veterinarian determines the horse is seriously injured to the extent that euthanasia is in the best and humane interests of the horse. By accepting a license from the commission, an owner or trainer consents to the authority of the commission veterinarian under this subsection.", "sourceNote": "Source Note: The provisions of this §319.109 adopted to be effective November 3, 1989, 14 TexReg 5623; amended to be effective November 1, 1998, 23 TexReg 10638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225396", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.110", "label": "Requirements to Enter Association Grounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223833", "queryAsDate": "03/11/2026" }, "ruleBody": "To be admitted on to an association's grounds, a horse must be accompanied by paperwork showing ownership, a current certificate of veterinary inspection, including a negative Equine Infectious Anemia (EIA) test within the 180 days prior to entrance to an association grounds, and meet any other health inspection requirements established by federal or state authorities. The Executive Director of the Commission may require a certificate of veterinary inspection or a negative EIA test within a shorter amount of time and may require test results for other diseases based on operational requirements. A copy of the above documents must be kept with the horse identifier through the duration of time the horse is on association property.", "sourceNote": "Source Note: The provisions of this §319.110 adopted to\r\nbe effective November 3, 1989, 14 TexReg 5623; amended to be effective\r\nApril 2, 1990, 15 TexReg 1514; amended to be effective October 11,\r\n1990, 15 TexReg 5713; amended to be effective August 3, 1992, 17 TexReg\r\n5084; amended to be effective November 1, 1993, 18 TexReg 7158; amended\r\nto be effective November 1, 1998, 23 TexReg 10638; amended to be effective\r\nSeptember 1, 2016, 41 TexReg 6478; amended to be effective July 23,\r\n2025, 50 TexReg 4088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223833", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.111", "label": "Bleeders and Furosemide Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9324", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Diagnosis of EIPH.(1) A bleeder is a horse that experiences Exercise Induced Pulmonary Hemorrhage (EIPH). Except as otherwise provided by this subsection, the medical diagnosis of EIPH may be made only by a commission veterinarian or a veterinarian currently licensed by the Commission. If the first EIPH event experienced by a horse occurs in another pari-mutuel racing jurisdiction, certification of the horse as a bleeder by that foreign jurisdiction will also constitute a first report of a diagnosed EIPH event for purposes of this section. A veterinarian who diagnoses an EIPH event in a horse participating in pari-mutuel racing in this state shall report the event to the commission veterinarian in a format prescribed by the executive director. On receipt of the first report of a diagnosed EIPH event for a horse, the commission veterinarian shall certify the horse as a bleeder.(2) A trainer may request that a commission veterinarian reconsider the commission veterinarian's diagnosis of an EIPH event by presenting the horse for re-examination within four hours of the initial diagnosis, or within one hour after a performance's last race, whichever occurs sooner. To receive reconsideration, the trainer must present the horse to the commission veterinarian for endoscopic examination as performed by a commission-licensed veterinarian. (b) Admission to Furosemide Program.(1) A trainer may admit a horse to the furosemide program by stating at time of entry that the horse will compete with furosemide. (2) A horse that competed with furosemide in its most recent start out-of-state must compete on furosemide in Texas unless withdrawn from the furosemide program at time of entry.(3) The voluntary administration of furosemide without an external bleeding incident shall not subject the horse to an initial period of ineligibility under subsection (g) of this section.(c) Administration of Furosemide. Furosemide shall be administered to a horse in the furosemide program not later than four hours before the published post time for the race the horse is entered to run. The furosemide must be administered intravenously by a veterinarian licensed by the Commission. The executive director shall periodically publish the permissible blood levels of furosemide in post-race specimens and shall post the levels at each licensed racetrack.(d) Requirement to Use Furosemide. A horse in the furosemide program in Texas must compete with furosemide until withdrawn from the program.(e) Withdrawal from Furosemide Program.(1) To withdraw a horse from the furosemide program, the trainer must state his/her intention to race the horse without furosemide at the time of entry.(2) A horse in the furosemide program that competes out-of-state without furosemide as a condition of the race is considered to have been removed from the Texas furosemide program effective the date of its first race without furosemide.(3) Withdrawal from the furosemide program does not prohibit a horse from subsequent readmission to the program in accordance with this section.(f) Readmission to the Furosemide Program. A horse may be readmitted to the furosemide program if:(1) at least 30 days have elapsed prior to the subsequent day of intended race since the horse was voluntarily withdrawn from the program as described in subsection (e)(1) of this section;(2) the horse is required to compete with furosemide pursuant to subsection (b)(2) of this section;(3) a commission veterinarian, association veterinarian, or practicing veterinarian diagnoses the horse with another EIPH event within 4 hours of official works, recorded timed works, or live race; or(4) at least 14 days have elapsed since the horse competed out of state without furosemide under subsection (e)(2) of this section. (g) Bleeders List.(1) The commission veterinarian shall maintain a list of horses that have been certified as bleeders and a list of horses that have been admitted to the furosemide program.(2) On receipt of a report of a diagnosed EIPH event, the commission veterinarian shall place the horse on the veterinarian's list and the horse shall be ineligible to race for the following time periods:(A) First incident- 14 days;(B) Second incident within 365 days of previous incident - 30 days;(C) Third incident within 365 days of previous incident - 180 days;(D) Fourth incident within 365 days of previous incident - lifetime ban from racing in this state.(3) A horse with fewer than four EIPH events that has not had a diagnosed EIPH event for a period of 365 consecutive days is considered a non-bleeder for purposes of this subsection. The report of a diagnosed EIPH event from any pari-mutuel jurisdiction which officially records EIPH events will be recognized as an EIPH event by the Commission.(4) Notwithstanding the foregoing, if after reviewing a report of a diagnosed EIPH event the commission veterinarian determines additional days on the veterinarian's list are essential to the health and safety of the horse, the commission veterinarian may extend the number of days the horse is on the veterinarian's list. The commission veterinarian shall record the medical reasons for the additional days.(h) Report by Veterinarian. A veterinarian who administers furosemide to a horse that has been admitted to the furosemide program shall report the administration on a form prescribed by the Commission. A report made under this subsection must be filed with the test barn supervisor not later than one hour before post time for the first race of that day.", "sourceNote": "Source Note: The provisions of this §319.111 adopted to\r\nbe effective November 3, 1989, 14 TexReg 5623; amended to be effective\r\nAugust 3, 1992, 17 TexReg 5084; amended to be effective April 28,\r\n1994, 19 TexReg 2915; amended to be effective November 1, 1994, 19\r\nTexReg 8111; amended to be effective March 15, 1995, 20 TexReg 1527;\r\namended to be effective January 3, 1996, 20 TexReg 11013; amended\r\nto be effective May 1, 1996, 21 TexReg 3364; amended to be effective\r\nOctober 1, 1996, 21 TexReg 9063; amended to be effective November\r\n1, 1998, 23 TexReg 10638; amended to be effective February 15, 1999,\r\n24 TexReg 691; amended to be effective July 17, 2001, 26TexReg 5236;\r\namended to be effective November 1, 2001, 26 TexReg 8512; amended\r\nto be effective May 18, 2004, 29 TexReg 4149; amended to be effective\r\nJuly 16, 2007, 32 TexReg 4386; amended to be effective June 12, 2011,\r\n36 TexReg 3595; amended to be effective February 4, 2025, 50 TexReg\r\n654." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9324", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "B", "label": "TREATMENT OF HORSES" }, "rule": { "number": "§319.112", "label": "Unlicensed Veterinary Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "30010", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person other than a licensed veterinarian may not perform, conduct, or participate in veterinary practices, including equine dentistry, chiropractics, and acupuncture, unless the practices are performed by the order of and under the direct supervision of a veterinarian, licensed by the commission, in accordance with rules of the Texas Board of Veterinary Medical Examiners.(b) A person who observes an unlicensed person performing, conducting, or participating in veterinary practices on association grounds shall immediately report that fact to the stewards.(c) The stewards shall report to the Texas State Board of Veterinary Medical Examiners any person reported under this section.", "sourceNote": "Source Note: The provisions of this §319.112 adopted to be effective November 3, 1989, 14 TexReg 5623; amended to be effective November 1, 1994, 19 TexReg 8111." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "30010", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "C", "label": "TREATMENT OF GREYHOUNDS" }, "rule": { "number": "§319.201", "label": "Pre-Race Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131050", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission veterinarian shall examine each greyhound entered in a race on the day it is to race to determine the greyhound's health and soundness for racing.(b) The examination may include any practice or procedure which the commission veterinarian considers necessary to be able to determine the health and soundness of the greyhound for racing. The examination may be conducted at any time before the actual start time of the race.", "sourceNote": "Source Note: The provisions of this §319.201 adopted to be effective August 14, 1989, 14 TexReg 3805; amended to be effective October 11, 1990, 15 TexReg 5714; amended to be effective November 1, 1998, 23 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131050", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "C", "label": "TREATMENT OF GREYHOUNDS" }, "rule": { "number": "§319.202", "label": "Veterinarian's List" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131051", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission veterinarian shall maintain a veterinarian's list of the greyhounds that are determined to be unfit to compete in a race due to physical distress, unsoundness, or infirmity. The commission veterinarian shall ensure that the veterinarian's list is posted in a conspicuous place available to all kennel owners, trainers, and officials.(b) The commission veterinarian shall notify the kennel owner or trainer of a greyhound placed on the veterinarian's list not later than 24 hours after placing the greyhound on the list.(c) A greyhound on the veterinarian's list may be removed from the list only on demonstrating to the commission veterinarian that the greyhound is raceably sound and in fit physical condition to exert its best effort in a race.(d) A greyhound on the veterinarian's list may not enter a race before the third day after the day the greyhound was placed on the list. The commission veterinarian may require a greyhound to school after being examined and removed from the list before the greyhound may enter a race.(e) Each lactating bitch and each bitch in season or coming in season during a race meeting shall be placed on the veterinarian's list and may not enter a race until the greyhound has been reexamined by the commission veterinarian and removed from the veterinarian's list. A bitch in season may not be reexamined before the 21st day after the day the greyhound was placed on the veterinarian's list.(f) A trainer shall submit to the commission veterinarian, on a form prescribed by the executive secretary, documentation of any racing-related injury sustained by a greyhound in the trainer's care.", "sourceNote": "Source Note: The provisions of this §319.202 adopted to be effective August 14, 1989, 14 TexReg 3805; amended to be effective October 11, 1990, 15 TexReg 5714; amended to be effective March 1, 2003, 28 TexReg 1637; amended to be effective July 16, 2007, 32 TexReg 4386." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131051", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "C", "label": "TREATMENT OF GREYHOUNDS" }, "rule": { "number": "§319.203", "label": "Condition of Greyhounds and Inspection of Kennels" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131052", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To ensure the health and safety of each greyhound, the commission veterinarian shall monitor the condition of the greyhounds and inspect each kennel on association grounds where greyhounds are housed.(b) On each race day, the commission veterinarian shall monitor the condition of the greyhounds. Factors the commission veterinarian shall evaluate include, but are not limited to:(1) the general physical condition of the greyhounds;(2) the general manner of handling the greyhounds;(3) the management of bitches in season;(4) the management of sick greyhounds;(5) the medication in use; and(6) the presence of ectoparasites.(c) If the commission veterinarian determines that an unsatisfactory condition exists, the veterinarian shall advise the kennel owner or trainer of the unsatisfactory condition. If the unsatisfactory condition persists, or if the unsatisfactory condition requires immediate corrective action, the commission veterinarian shall advise the kennel owner or trainer of the unsatisfactory condition and shall report the condition to the judges.(d) At tracks that operate year-round, the commission veterinarian shall conduct kennel inspections semi-annually as directed by the executive secretary. At tracks that do not operate year-round, the commission veterinarian shall conduct a kennel inspection at the beginning of each race meet.(e) The commission veterinarian shall file a written report on each inspection with the executive secretary, on a prescribed form. The report must include, but is not limited to, a statement of the kennel conditions or practices regarding:(1) the food and the food storage;(2) the sanitary conditions of the kennels;(3) the maintenance of the kennel buildings;(4) the maintenance of the turnout pens;(5) the maintenance of the sprint path;(6) the maintenance of the lockout kennel;(7) the maintenance of the paddock area; and(8) other matters that the commission veterinarian considers necessary for corrective action by the kennel owner or the association.", "sourceNote": "Source Note: The provisions of this §319.203 adopted to be effective August 14, 1989, 14 TexReg 3805; amended to be effective October 11, 1990, 15 TexReg 5714; amended to be effective July 16, 2007, 32 TexReg 4386." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131052", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "C", "label": "TREATMENT OF GREYHOUNDS" }, "rule": { "number": "§319.204", "label": "Vaccination Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209312", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall safeguard the health of the greyhounds housed at its facility by requiring periodic vaccination of each greyhound against each disease that the commission veterinarian has determined is communicable to other greyhounds at the facility. The vaccination and compound entrance requirements of the association must be approved by the commission veterinarian.(b) The association shall maintain records of vaccinations of the greyhounds housed at its facility and make the records available to the commission veterinarian on request.(c) The association may not permit a greyhound to enter its grounds unless the trainer or kennel owner of the greyhound provides to the association proof of the necessary vaccinations and has a health certificate, entry permit or veterinarian inspection.", "sourceNote": "Source Note: The provisions of this §319.204 adopted to be effective October 11, 1990, 15 TexReg 5714; amended to be effective November 1, 1998, 23 TexReg 10640; amended to be effective July 16, 2007, 32 TexReg 4386." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209312", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.301", "label": "Testing Authorized" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards and racing judges may require a specimen of hair, urine, blood, saliva, tissue or other bodily substance to be taken from a race animal for the purpose of testing for the presence of a prohibited drug, chemical, or other substance.(b) Testing under this subchapter may be required at any time in accordance with these rules and may be conducted in an area approved by the commission veterinarian under the supervision of the commission veterinarian.(c) A person is not entitled to a purse until drug testing has been completed and the executive director has cleared the race for payment.", "sourceNote": "Source Note: The provisions of this §319.301 adopted to be effective August 14, 1989, 14 TexReg 3805; amended to be effective June 1, 2002, 27 TexReg 4570; amended to be effective June 29, 2022, 47 TexReg 3683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.302", "label": "Reasonable Diligence Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100471", "queryAsDate": "03/11/2026" }, "ruleBody": "The owner, trainer, groom, or other person who has care and custody of a race animal shall guard each animal in his or her custody before the animal races in the manner and for the time necessary to prevent the administration of a prohibited drug, chemical, or other substance.", "sourceNote": "Source Note: The provisions of this §319.302 adopted to be effective August 14, 1989, 14 TexReg 3805; amended to be effective October 11, 1990, 15 TexReg 5715; amended to be effective November 1, 1998, 23 TexReg 10640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100471", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.303", "label": "Tampering with Specimen" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85741", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, a person may not tamper with or adulterate or attempt to tamper with or adulterate a specimen taken for testing under this chapter.(b) This section does not apply to a person who adds a substance approved by the executive secretary necessary to preserve the specimen for analysis.", "sourceNote": "Source Note: The provisions of this §319.303 adopted to be effective August 14, 1989, 14 TexReg 3805; amended to be effective November 1, 1998, 23 TexReg 10640; amended to be effective March 1, 2003, 28 TexReg 1638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85741", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.304", "label": "Penalties on Positive Test" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "740", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On a finding by the stewards or racing judges that a test specimen from a race animal that participated in a race contains a prohibited drug, chemical, or other substance, the stewards or racing judges may:(1) disqualify the animal and order the purse redistributed;(2) declare the race animal ineligible to race for a period of time; and(3) impose penalties authorized by Chapter 307 of this title (relating to Practice and Procedure) on:(A) the animal's trainer or kennel owner;(B) any other person responsible for the care and custody of the animal; and(C) all individuals determined to have administered or to have attempted, caused, or conspired to administer the prohibited drug, chemical, or other substance; and(b) The executive secretary may promulgate a classification for prohibited drugs, chemicals, and other substances and a schedule for recommended disciplinary action for use by stewards, racing judges, and the Commission in assessing penalties for various violations under this chapter.", "sourceNote": "Source Note: The provisions of this §319.304 adopted to be effective November 1, 1998, 23 TexReg 10641; amended to be effective April 1, 2001, 26 TexReg 2155." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "740", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.331", "label": "Equipment for Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100474", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall provide the equipment and supplies for collecting specimens and operating and maintaining the test barn or test area of the types and in the quantities prescribed by the executive secretary.", "sourceNote": "Source Note: The provisions of this §319.331 adopted to be effective August 14, 1989, 14 TexReg 3806; amended to be effective November 29, 1990, 15 TexReg 6591; amended to be effective November 1, 1998, 23 TexReg 10641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100474", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.332", "label": "Procedure for Obtaining Specimens" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197056", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission veterinarian at greyhound racetracks and the test barn supervisor at horse racetracks shall select and directly supervise the test technicians who obtain specimens for conducting tests under this chapter. The rate of compensation to be paid to the technicians is subject to the approval of the executive secretary.(b) Except as authorized by the commission veterinarian, each specimen must be obtained in the test area approved by the Commission.(c) The owner, trainer, or kennel owner of a race animal being tested or a designee of the owner, trainer, or kennel owner is entitled to witness or acknowledge the taking of the specimen and is entitled to sign the tag for the specimen. Failure or refusal to be present and witness the collection of the specimen or to sign the specimen tag constitutes a waiver by the owner, trainer, or kennel owner of any objections to the source, collection procedures, and documentation of the specimen. A person signing a specimen tag under this section must be at least 18 years of age and be licensed by the Commission. A trainer or kennel owner may not designate another trainer or kennel owner to witness the collection of the sample or to sign a specimen tag unless a trainer responsibility form has been executed.", "sourceNote": "Source Note: The provisions of this §319.332 adopted to be effective August 14, 1989, 14 TexReg 3806; amended to be effective September 30, 1991, 16 TexReg 5069; amended to be effective November 22, 1991, 16 TexReg 6461; amended to be effective May 1, 1992, 17 TexReg 2769; amended to be effective February 1, 1995, 19 TexReg 10356; amended to be effective November 1, 1998, 23 TexReg 10641; amended to be effective March 1, 2003, 28 TexReg 1638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197056", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.333", "label": "Specimen Identification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100473", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each specimen obtained for testing must be marked for identification in a manner that ensures that:(1) the commission can identify which horse, trainer, owner, and race the specimen came from; and(2) the laboratory testing the sample cannot identify from the labeling on the specimen which horse, trainer, owner, or race the specimen came from.(b) The executive director may issue standards for specimen identification in a manner that ensures the integrity of the specimens.", "sourceNote": "Source Note: The provisions of this §319.333 adopted to be effective August 14, 1989, 14 TexReg 3806; amended to be effective November 22, 1991, 16 TexReg 6461; amended to be effective March 1, 2003, 28 TexReg 1638; amended to be effective November 20, 2019, 44 TexReg 7046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100473", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.334", "label": "Delivery and Retention of Specimens" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154041", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission veterinarian or test barn supervisor shall ensure that a specimen that is to be sent to a testing laboratory is delivered to the laboratory in a timely manner and by a method that ensures the integrity of the specimen. The courier service to be used by an association and the contract with that courier service is subject to the approval of the executive secretary.", "sourceNote": "Source Note: The provisions of this §319.334 adopted to be effective August 14, 1989, 14 TexReg 3806; amended to be effective November 22, 1991, 16 TexReg 6461; amended to be effective November 1, 1998, 23 TexReg 10641; amended to be effective March 1, 2003, 28 TexReg 1638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154041", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.335", "label": "Approval of Testing Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154040", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All charges for conducting tests under this subchapter must be reconciled with the number of tests actually conducted and be approved by the executive secretary before payment.(b) Charges for conducting tests under this subchapter may include expenses incurred for travel, lodging, testing, and processing test results.(c) On approval of the charges, the executive secretary shall forward a copy of the charges to the association for which the tests were conducted.", "sourceNote": "Source Note: The provisions of this §319.335 adopted to be effective August 14, 1989, 14 TexReg 3806; amended to be effective November 22, 1991, 16 TexReg 6461; amended to be effective November 1, 1998, 23 TexReg 10641; amended to be effective December 8, 2011, 36 TexReg 8372." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154040", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.336", "label": "Payment of Testing Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "741", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Responsibility for Payment. Immediately on receipt of approved charges for conducting tests under this subchapter, an association shall pay the charges.(b) Authority to Use Outstanding Tickets and Pari-mutuel Vouchers. An association may use money held by the association to pay outstanding tickets and outstanding pari-mutuel vouchers to pay for charges under this section. If the money held is insufficient to pay the charges, the association shall pay the remainder of the charges.", "sourceNote": "Source Note: The provisions of this §319.336 adopted to be effective August 14, 1989, 14 TexReg 3806; amended to be effective January 1, 1998, 22 TexReg 12049; amended to be effective November 1, 1998, 23 TexReg 10641; amended to be effective November 12, 2003, 28 TexReg 9829; amended to be effective July 16, 2008, 33 TexReg 5524; amended to be effective December 8, 2011, 36 TexReg 8372." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "741", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.337", "label": "Interference with Testing Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100472", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not interfere with the testing of a race animal, including interference in obtaining specimens, delivering specimens to a laboratory, delivering test results to the commission veterinarian or the commission, or any other procedure involved in conducting a test required by this subchapter.", "sourceNote": "Source Note: The provisions of this §319.337 adopted to be effective August 14, 1989, 14 TexReg 3806." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100472", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.338", "label": "Storage of Splits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "9335", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission veterinarian shall store the retained part of a specimen at a site approved by the executive secretary for the period required by this section. The split specimen shall be stored in a manner that ensures the safety and integrity of the part.(b) If the result of the initial test on a specimen is negative, the commission veterinarian's designee may discard the retained part of the specimen on receipt of the negative result. If the result of the initial test on a specimen is positive, the commission veterinarian's designee may discard the split specimen of the specimen after all appeals are exhausted and the disposition of the matter is final.(c) The association at which a specimen is obtained shall pay all the costs of storage incurred under this section.", "sourceNote": "Source Note: The provisions of this §319.338 adopted to be effective March 13, 2002, 27 TexReg 1731; amended to be effective March 1, 2003, 28 TexReg 1638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=9335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "9335", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.361", "label": "Testing of Horses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223834", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards shall order specimens collected for testing under this subchapter in accordance with this section.(b) A specimen shall be collected from each horse that finishes first in a race.(c) In addition to the horse designated under subsection (b) of this section, a specimen may be collected from the following horses:(1) a horse that finishes second;(2) a beaten favorite;(3) for a race with a gross purse of $50,000 or more, the horse that finishes third;(4) a horse selected at random by the stewards; and(5) any other horse designated for cause by the stewards or the commission veterinarian.", "sourceNote": "Source Note: The provisions of this §319.361 adopted to be effective August 14, 1989, 14 TexReg 3807; amended to be effective October 11, 1990, 15 TexReg 5715; amended to be effective November 1, 1998, 23 TexReg 10642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223834", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.362", "label": "Split Specimen" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135822", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before sending a specimen from a horse to a testing laboratory, the commission veterinarian shall determine whether the specimen is of sufficient quantity to be split. If there is sufficient quantity, the commission veterinarian or the commission veterinarian's designee shall divide the specimen into two parts, and both parts will be shipped to the testing laboratory for testing and storage for future testing, if applicable. If the specimen is of insufficient quantity to be split, the commission veterinarian may require the horse to be detained until an adequate amount of urine can be obtained. If the commission veterinarian ultimately determines the quantity of the specimen obtained is insufficient to be split, the commission veterinarian shall certify that fact in writing and submit the entire specimen to the laboratory for testing.(b) An owner or trainer of a horse which has received a positive result on a drug test may request, in writing, that the split of the specimen for the primary sample with the positive result, be submitted for testing by a different technician at a Commission approved testing laboratory of the owner or trainer's choice if available. The owner or trainer must notify the executive director of the request not later than 48 hours after notice of the positive result. Failure to request the split within the prescribed time period will be deemed a waiver of the right to the split specimen.(c) If the test on the split specimen confirms the findings of the original laboratory, it is a prima facie violation of the applicable provisions of the chapter.(d) If the test on the split specimen portion does not substantially confirm the findings of the original laboratory, the stewards may not take disciplinary action regarding the original test results.(e) If an act of God, power failure, accident, labor strike, or any other event, beyond the control of the Commission, prevents the split from being tested, the findings of the original laboratory are prima facie evidence of the condition of the horse at the time of the race.", "sourceNote": "Source Note: The provision of this §319.362 adopted to be\r\neffective August 14, 1989, 14 TexReg 3807; amended to be effective\r\nFebruary 1, 1995, 19 TexReg 10357; amended to be effective November\r\n1, 1998, 23 TexReg 10642; amended to be effective October 29, 2000,\r\n25 TexReg 10562; amended to be effective April 1, 2001, 26 TexReg\r\n2155; amended to be effective March 13, 2002, 27 TexReg 1732; amended\r\nto be effective February 4, 2025, 50 TexReg 654." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135822", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.363", "label": "Testing for Total Carbon Dioxide" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169247", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Findings and Presumptions.(1) The commission finds that a total carbon dioxide level of 37 millimoles per liter or more in equine serum can be achieved only through the administration, by any means, of a bicarbonate-containing substance or other alkalinizing substance.(2) A horse entered or participating in a race may not be administered a bicarbonate-containing substance or other alkalinizing substance which causes it to carry in its body an excess level of total carbon dioxide.(3) A positive finding by a chemist of total carbon dioxide level at or above 37 millimoles per liter in a race horse serum specimen is an excess level of total carbon dioxide and prima facie evidence that the race horse was administered a bicarbonate-containing substance or other alkalinizing substance in violation of this section.(b) Testing Authorized. Testing for total carbon dioxide is authorized as listed below:(1) The executive secretary may implement a program to collect specimens from race horses and test the specimens for the presence of total carbon dioxide. In a program implemented under this section:(A) Specimens may be collected on a random basis, including randomly selected race dates, randomly selected races, and randomly selected horses; and(B) Specimens may be collected prerace or postrace; or(2) The stewards or commission veterinarian may require a horse serum specimen to be taken from any race horse designated for cause by the stewards or commission veterinarian for the purpose of testing for total carbon dioxide.(c) Split Specimen.(1) The commission finds that the postrace time period during which total carbon dioxide may be detected in a specimen taken from a race horse is limited. Therefore, to provide a meaningful split specimen program, the testing of a split specimen for total carbon dioxide must occur contemporaneously with the testing of the original specimen.(2) To ensure the owners and trainers of race horses selected for testing under this section are given the opportunity for a split specimen, the trainer of record for each horse from which a specimen is taken pursuant to this section shall declare in writing whether the trainer requests that the split specimen be tested or waives the right to have the split specimen tested. Failure to request the split specimen test at the test barn within 30 minutes after the post time of the last race for the performance is deemed a waiver of the right to the split specimen.(3) The split specimen shall be sent for testing to a commission approved and listed laboratory that is acceptable to the trainer of record. The commission staff shall arrange for the transportation of the split specimen in a manner that ensures the integrity of the split specimen.(4) The trainer of record requesting the split specimen shall pay all costs of transporting and conducting tests on the split specimen.(5) If the test on the split specimen confirms the findings of the original laboratory, it is a prima facie violation of this section.(6) If the test on the split specimen does not substantially confirm the findings of the original laboratory, the stewards may not take disciplinary action regarding the test results.(7) If an act of God, power failure, accident, labor strike, or any other event, beyond the control of the Commission, prevents the split from being tested, the findings of the original laboratory are prima facie evidence of the condition of the horse at the time of the test for total carbon dioxide.(d) Conflict with Other Rules. To the extent that this rule conflicts with any other commission rule, this rule controls.", "sourceNote": "Source Note: The provisions of this §319.363 adopted to be effective January 11, 2006, 31 TexReg 163; amended to be effective March 20, 2008, 33 TexReg 2311." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169247", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.364", "label": "Testing for Androgenic-Anabolic Steroids (AAS)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "93195", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No androgenic-anabolic steroids shall be permitted in test samples collected from racing horses except as permitted on the written list of therapeutic drugs maintained under §319.3 of this chapter (relating to Medication Restricted).(b) Any other anabolic steroids are prohibited in racing horses.(c) The sex of the horse must be identified to the laboratory on all pre-race and post-race samples designated for AAS testing.(d) If an anabolic steroid has been administered to a horse in order to assist in its recovery from illness or injury, that horse may be placed on the Veterinarian's List in order to monitor the concentration of the drug or metabolite in urine or blood. After the concentration has fallen below the designated threshold for the administrated androgenic-anabolic steroids, the horse is eligible to be removed from the list.", "sourceNote": "Source Note: The provisions of this §319.364 adopted to be effective March 22, 2009, 34 TexReg 1840; amended to be effective September 28, 2014, 39 TexReg 7575." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "93195", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "319", "label": "VETERINARY PRACTICES AND DRUG TESTING" }, "subchapter": { "number": "D", "label": "DRUG TESTING" }, "rule": { "number": "§319.391", "label": "Testing of Greyhounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217138", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Urine, blood, or other specimens shall be taken and tested from any greyhound designated by the racing judges, commission veterinarian, or a representative of the commission. A specimen shall be collected by the commission veterinarian or a designee of the commission veterinarian.(b) A racing judge or the commission veterinarian may order a greyhound in a race to submit to a test of body fluid specimens to determine the presence of a prohibited drug, chemical, or other substance.(c) Before sending a specimen from a greyhound to a testing laboratory, the commission veterinarian shall determine whether the specimen is of sufficient quantity to be split. If there is sufficient quantity, the commission veterinarian or the commission veterinarian's designee shall divide the specimen into two parts. The commission veterinarian or the commission veterinarian's designee shall retain custody of the portion of the specimen that is not sent to the laboratory. The commission veterinarian or commission veterinarian's designee shall store the split specimen in a manner that ensures the integrity of the specimen. If the specimen is of insufficient quantity to be split, the commission veterinarian shall certify that fact in writing and submit the entire specimen to the laboratory for testing.(d) The trainer or kennel owner for a greyhound that has tested positive for a prohibited drug, chemical, or other substance may request, in writing, that the split specimen, if any, be submitted for testing at a Commission-approved and listed laboratory. The trainer or kennel owner must notify the executive secretary of the request not later than 48 hours after notice of the positive test. Failure to request the split specimen be tested within the prescribed time period constitutes a waiver of the right to have the split specimen tested.(e) If the split specimen is sent for testing, the commission staff shall arrange for transportation of the specimen in a manner that ensures the integrity of the specimen. To ensure the integrity of the specimen, the split specimen must be shipped within 10 days after the kennel owner is notified of the positive test. Subject to the deadline, the kennel owner is entitled to be present or have a representative present at the time the split specimen is sent for testing.(f) If the test on the split specimen confirms the finding of the original laboratory, it is a prima facie violation of the applicable provisions of this chapter. If the test on the split specimen does not substantially confirm the findings of the original laboratory, the racing judges may not take disciplinary action regarding the original test results.(g) If an act of God, power failure, accident, labor strike, or other event beyond the control of the Commission prevents the split specimen from being tested, the findings of the original laboratory are prima facie evidence of the condition of the greyhound at the time of the race.", "sourceNote": "Source Note: The provisions of this §319.391 adopted to be effective August 14, 1989, 14 TexReg 3807; amended to be effective October 11, 1990, 15 TexReg 5715; amended to be effective November 1, 1998, 23 TexReg 10642; amended to be effective March 13, 2002, 27 TexReg 1732." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217138", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.1", "label": "Definitions and General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183117", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) ASCII formatted flat file--a data file containing structured data which is both record and field delimited containing only characters found in the American Standard Code for Information Interchange (ASCII) specification.(2) Betting interest--a single race animal or a group of race animals coupled pursuant to the Rules which the totalisator system designates as an interest on which a patron may wager.(3) Closed-loop subscriber-based system--a system with a minimum of a device or combination of devices authorized and operated for placing, receiving, or otherwise making a wager and by which a person must subscribe in order to be able to place, receive, or otherwise make a bet or wager that has an effective customer verification and age verification system; and appropriate data security standards to prevent unauthorized access to a person.(4) Export simulcast--a race simulcast from a racetrack facility.(5) Firmware--the system software permanently stored in a computer or ticket issuing machine's read-only memory or elsewhere in the circuitry that cannot be modified by the user.(6) Guest racetrack--a racetrack facility at which a simulcast race is received and offered for wagering purposes; a receiving location, as defined in the Act, §2021.003.(7) Host racetrack--a racetrack facility at which a race is conducted and simulcast for wagering purposes; a sending track, as defined in the Act, §2021.003.(8) Import simulcast--a simulcast race received at a racetrack facility.(9) Intelligent Terminal--a terminal or peripheral device which contains code extending beyond that which is necessary to allow the terminal to communicate with the central controlling device to which it is directly attached or to control the presentation of data on the display unit of the device.(10) Log--an itemized list of each command, inquiry, or transaction given to a computer during operation.(11) Major Revision--a specific release of a hardware or software product, including additional functionality, major user interface revisions, or other program changes that significantly alter the basic function of the application.(12) Minor Revision--an incrementally improved version of hardware or software, usually representing an error (bug) fix, or a minor improvement in program performance which does not alter basic functionality.(13) Multi-leg wager--a wagering pool that involves more than one race.(14) Player Tracking System--a system that provides detailed information about pari-mutuel play activity of patrons who volunteer to participate. The system can be used to customize highly specific promotions and tailor rewards to encourage incremental visits by patrons. The system should be able to produce customized informational reports based on such parameters as type of wager, type of race, favorite race meet, or other parameters deemed helpful by the association in supporting the patron.(15) Remote site--a racetrack or other location at which wagering is occurring that is linked via the totalisator system to a racetrack facility for pari-mutuel wagering purposes.(16) Report--a summary of betting activity.(17) Resultant--the profit-per-dollar wagered in a pari-mutuel pool computation.(18) Ticketless Electronic Wagering (E-wagering)--(A) a form of pari-mutuel wagering in which wagers are placed and cashed through a licensed totalisator vendor via an electronic ticketless account system operated in accordance with §2021.002 of this Act; or(B) a closed-loop subscriber-based system, which includes:(i) a device or combination of devices authorized and operated for placing, receiving, or otherwise making a wager and by which a person must subscribe to be able to place, receive, or otherwise make a bet or wager;(ii) an effective customer verification and age verification system; and(iii) appropriate data security standards to prevent unauthorized access to a person:(I) who seeks to make a bet or wager outside the racetrack's enclosure;(II) who seeks to make a bet or wager on any live or simulcast race not available to other persons within the racetrack's enclosure; and(III) who is a minor; and(C) where wagers are automatically debited and credited to the account holder.(19) TIM--ticket-issuing machine.(20) TIM-to-Tote network--a wagering network consisting of a single central processing unit and the TIMs at any number of remote sites.(21) Totalisator operator--the individual assigned to operate the totalisator system at a racetrack facility.(22) Totalisator system--a computer system that registers and computes the wagering and payoffs in pari-mutuel wagering.(23) Tote-to-tote network--a wagering network in which each wagering location has a central processing unit.(24) User--a totalisator company employee authorized to use the totalisator system in the normal course of business.(b) A reference in this chapter to the mutuel manager includes the mutuel manager's designee, in accordance with §313.53 of this title (relating to Mutuel Manager) or §315.36 of this title (relating to Mutuel Manager.)(c) A request required to be made in writing under this chapter may be transmitted via hand delivery, e-mail, facsimile, courier service, or U.S. mail.", "sourceNote": "Source Note: The provisions of this §321.1 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective October 3, 2005, 30 TexReg 6262; amended to be effective October 23, 2011, 36 TexReg 6940; amended to be effective July 1, 2019, 44 TexReg 3262; amended to be effective March 27, 2024, 49 TexReg 1913." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183117", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.2", "label": "Odds Manipulation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121399", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission recognizes that the wagering public uses Odds and Will Pays as a handicapping tool. To maintain the integrity of the pools, the Commission, therefore, identifies the practice of canceling wagers that were placed for the sole purpose of manipulating the posted Odds or Will Pays as being inconsistent with the honesty and integrity of racing under §307.7, Ejection and Exclusion, and as a detrimental practice under §311.6, Denial, Suspension, and Revocation of Licenses.", "sourceNote": "Source Note: The provisions of this §321.2 adopted to be effective August 5, 2007, 32 TexReg 4635; amended to be effective March 8, 2017, 42 TexReg 1025." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121399", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.3", "label": "Conduct of Wagering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176685", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall conduct pari-mutuel wagering in accordance with the Act and the Rules.(b) In conducting pari-mutuel wagering, an association shall use a totalisator system that:(1) meets the requirements outlined in Subchapter B of this Chapter; and(2) is approved by the Commission.(c) An association shall apply in writing to the executive secretary for approval to offer the types of wagers the association wishes to offer. An association may offer only the types of wagers the Commission approves for that association.(d) The stewards or racing judges may cancel a pari-mutuel pool offered by the association for a race if the stewards or racing judges have concerns about the integrity of the pool or the race.", "sourceNote": "Source Note: The provisions of this §321.3 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective October 3, 2005, 30 TexReg 6262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176685", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.5", "label": "Pari-mutuel Auditor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85871", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The pari-mutuel auditor is a representative of the Commission at a racetrack.(b) The pari-mutuel auditor shall verify the wagering pool totals for each live and simulcast performance. The pari-mutuel auditor's verification of the pool totals is the basis for computing the amount of money to be set aside from each pool for the following:(1) horse purses;(2) greyhound purses;(3) the State;(4) the Texas Bred Incentive Programs;(5) the association; and(6) the winning wagerers.(c) The pari-mutuel auditor shall also assist the executive secretary, the stewards or racing judges, and the Comptroller in investigating alleged violations of the Act, the Rules, or the Comptroller's rules relating to the totalisator system and pari-mutuel operations.", "sourceNote": "Source Note: The provisions of this §321.5 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective September 28, 2014, 39 TexReg 7575; amended to be effective March 13, 2016, 41 TexReg 1685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85871", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.7", "label": "Cooperation with Officials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85867", "queryAsDate": "03/11/2026" }, "ruleBody": "If the executive secretary or the Comptroller or any employee of the executive secretary or Comptroller determines a certain cashed or canceled ticket, cashed or canceled voucher, computer printout, mutuel report, or other totalisator or mutuel record is needed to perform the official's regulatory duties, the official shall request the item from the mutuel manager. On receipt of a request under this section, the mutuel manager shall make the information available to the official no later than the deadline established by the official.", "sourceNote": "Source Note: The provisions of this §321.7 adopted to be effective April 1, 2001, 26 TexReg 2158." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85867", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.9", "label": "System Failure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183118", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) During a live racing performance, if the totalisator system is unable to record wagers received or to guarantee the integrity of the pari-mutuel pools, the totalisator operator shall verbally notify the association's mutuel manager. The totalisator operator shall state whether the problem can be corrected and if so, the estimated time needed to correct the problem. The mutuel manager must promptly notify the pari-mutuel auditor and the stewards or racing judges.(b) If the totalisator operator determines that the problem cannot be corrected before the scheduled end of the race performance, the operator shall verbally notify the mutuel manager. The mutuel manager must promptly notify the pari-mutuel auditor and the stewards or racing judges of that determination.(c) The stewards or racing judges, after consulting with the association and after considering the amount of purses and wagers involved and the time required to repair the totalisator system, may permit any of the remaining races in the performance to be run as exhibitions without wagering. If a race is run as an exhibition under this subsection, the association shall pay the purses in accordance with the Rules.", "sourceNote": "Source Note: The provisions of this §321.9 adopted to be effective April 1, 2001, 26 TexReg 2158." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183118", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.11", "label": "Access to Removable Electronic Media" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176686", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall submit a storage plan for all removable electronic media storing computer logs to the executive secretary for approval. This plan must include sufficient information for the executive secretary to determine that the information will remain secure, including:(1) Sufficient space for the totalisator vendor to store all removable electronic media; and(2) A storage cabinet that will protect the media from damage.(b) An association shall include in its security plans a means by which access to the removable electronic media is restricted.", "sourceNote": "Source Note: The provisions of this §321.11 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective March 8, 2017, 42 TexReg 1025." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176686", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.12", "label": "Time Synchronization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176687", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Display and verification of the accurate off time and start of a race is critical. To ensure accurate verification of off time with the close of betting on all races, the association shall ensure:(1) Tote times shall be synchronized to an atomic clock on a start-of-day basis.(2) Source video signal shall be synchronized with the atomic clock.(3) The time of day shall be displayed at the start of the race in the HR:MN:SC format.(b) Security system video, which monitors mutuel lines, shall be synchronized with the atomic clock.", "sourceNote": "Source Note: The provisions of this §321.12 adopted to be effective March 28, 2011, 36 TexReg 1981; amended to be effective September 28, 2014, 39 TexReg 7575; amended to be effective March 13, 2016, 41 TexReg 1685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176687", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.13", "label": "Pari-mutuel Track Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160215", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Daily Pari-Mutuel Summary Report.(1) An association shall prepare a pari-mutuel summary report for each day that pari-mutuel wagering occurs at its racetrack facility.(2) The pari-mutuel summary report is the association's record of wagering activities at the racetrack.(3) The association shall deliver a copy of the pari-mutuel summary report to the pari-mutuel auditor no later than 24 hours after the date of the performance for which the report was prepared.(4) The report must contain, by each live and simulcast performance, the following:(A) net handle at:(i) the association's racetrack facility; and(ii) the outlets wagering on the association's live performance;(B) payouts to the wagering public;(C) breakage;(D) settlements to the host racetrack or guest racetrack;(E) all purses earned, broken out by source, such as live, simulcast, cross species, and export;(F) Texas Bred Incentive Program revenue;(G) state tax; and(H) association revenue.(b) Monthly Pari-Mutuel Recap Report.(1) The executive secretary shall prescribe a form for the monthly pari-mutuel recap report.(2) The association shall file with the executive secretary a recap of pari-mutuel activity on the prescribed form. The monthly recap of pari-mutuel activity must be filed no later than the 30th day after the last day of the month for which the report is being filed.", "sourceNote": "Source Note: The provisions of this §321.13 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective October 3, 2005, 30 TexReg 6262; amended to be effective September 28, 2014, 39 TexReg 7575; amended to be effective March 13, 2016, 41 TexReg 1685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160215", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.15", "label": "License to Provide Totalisator Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85875", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To provide totalisator services to an association in Texas, a totalisator company must be licensed by the Commission as a Totalisator Vendor. The license application must include:(1) a copy of a current written contract to provide a totalisator system to an association;(2) a list of all totalisator personnel assigned to work in Texas, or on behalf of an association operating in Texas, as described in Subchapter B of this chapter (relating to Totalisator Requirements and Operating Environment);(3) an affidavit stating that the totalisator company and its employees will comply with the Rules and the Comptroller's rules regarding totalisator operations; and(4) information of sufficient detail for the Commission to determine that the totalisator company is in compliance with Subchapter B of this chapter.(b) A contract between the totalisator company and an association must be submitted to the Commission for approval before the contract's effective date.", "sourceNote": "Source Note: The provisions of this §321.15 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective March 28, 2011, 36 TexReg 1981; amended to be effective January 10, 2013, 38 TexReg 244." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85875", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.17", "label": "Activities by Minors Restricted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85876", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may not permit an individual who is less than 16 years old to enter the public area of the association grounds unless the individual is accompanied by the individual's parent or legal guardian.(b) An association may not accept a wager from an individual who has not attained the minimum age required to purchase alcoholic beverages in this state.", "sourceNote": "Source Note: The provisions of this §321.17 adopted to be effective April 1, 2001, 26 TexReg 2158." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85876", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.19", "label": "Wagers by Employees of Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217139", "queryAsDate": "03/11/2026" }, "ruleBody": "A member or employee of the Commission may not place a wager or cause a wager to be placed on a race conducted or offered for wagering in this state.", "sourceNote": "Source Note: The provisions of this §321.19 adopted to be effective April 1, 2001, 26 TexReg 2158." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217139", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.21", "label": "Certain Wagers Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176688", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by Section 2027.002 of the Act, an association may not accept a wager made by mail, by telephone, or by internet. A data communications link for common pooling purposes is not considered a wager for purposes of this section.(b) An association may not accept a wager made on credit.", "sourceNote": "Source Note: The provisions of this §321.21 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective October 3, 2005, 30 TexReg 6262; amended to be effective March 27, 2024, 49 TexReg 1915." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176688", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.23", "label": "Wagering Explanations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176689", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall include the following information in the official live programs and simulcast programs and post in places easily viewed by patrons and licensees on association grounds:(1) a general explanation of pari-mutuel wagering;(2) an explanation of each type of pari-mutuel wagering pool offered; and(3) the expiration date of mutuel tickets and vouchers.(b) Wagering explanations must be reviewed and approved by the executive secretary before publication.", "sourceNote": "Source Note: The provisions of this §321.23 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective March 28, 2011, 36 TexReg 1981; amended to be effective September 28, 2014, 39 TexReg 7575; amended to be effective March 13, 2016, 41 TexReg 1685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176689", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.25", "label": "Wagering Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176690", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall make every effort to provide accurate wagering information to the Texas pari-mutuel patron for handicapping purposes. Examples of such information include:(1) the Daily Racing Form;(2) the official program; and(3) tip sheets.(b) If wagering information is inaccurate for a live or simulcast race and the error is discovered before wagering has opened on the race, the mutuel manager shall:(1) notify the pari-mutuel auditor and the stewards or racing judges, if available, of the error; and(2) not open for wagering on the race until the correct information is obtained and verified.(c) If wagering information is inaccurate for a live or simulcast race and the error is discovered after wagering has opened on the race, the mutuel manager shall:(1) notify the pari-mutuel auditor and stewards or racing judges, if available, of the error;(2) close wagering on the race;(3) announce via the public address system the wagering information error;(4) refund the wagers, or pay prices and manually refund the wagers placed on the affected race by those pari-mutuel patrons who request a refund; and(5) not reopen for wagering on the race until the correct information is obtained and verified.", "sourceNote": "Source Note: The provisions of this §321.25 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective September 28, 2014, 39 TexReg 7575; amended to be effective March 13, 2016, 41 TexReg 1685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176690", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.27", "label": "Posting of Race Results" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160216", "queryAsDate": "03/11/2026" }, "ruleBody": "An association shall submit to the executive secretary for approval a plan for providing live and simulcast race results to the wagering public. The plan must include:(1) methods by which the results will be provided;(2) types of results to be provided; and(3) the retention period of the race results.", "sourceNote": "Source Note: The provisions of this §321.27 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective September 28, 2014, 39 TexReg 7575; amended to be effective March 13, 2016, 41 TexReg 1685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160216", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.29", "label": "Mutuel Tickets" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160217", "queryAsDate": "03/11/2026" }, "ruleBody": "Each mutuel ticket issued must have printed on its face:(1) the name of the racetrack facility where the wager was placed;(2) the name of the racetrack where the race was conducted;(3) the number of the race;(4) the unique computer-generated ticket number;(5) the date the ticket was issued;(6) the date of the race for which the ticket was issued;(7) the number of the ticket-issuing machine;(8) the type of pool;(9) the number of each entry on which the wager was placed;(10) the dollar amount of the wager; and(11) appropriate language to indicate the expiration of the ticket shall be the first anniversary of the day the ticket was purchased.", "sourceNote": "Source Note: The provisions of this §321.29 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective August 5, 2007, 32 TexReg 4635; amended to be effective January 10, 2013, 38 TexReg 244." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160217", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.31", "label": "Vouchers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137105", "queryAsDate": "03/11/2026" }, "ruleBody": "Each voucher issued must have printed on its face:(1) the name of the racetrack facility where the voucher was issued;(2) the unique computer-generated voucher number;(3) the date the voucher was issued;(4) the number of the ticket-issuing machine;(5) the dollar amount of the voucher; and(6) appropriate language to indicate the expiration of the voucher shall be the first anniversary of the day the voucher was issued.", "sourceNote": "Source Note: The provisions of this §321.31 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective July 16, 2008, 33 TexReg 5525; amended to be effective January 10, 2013, 38 TexReg 244." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137105", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.33", "label": "Expiration Date" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85884", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mutuel tickets and vouchers issued on or after September 1, 2007, shall expire at the close of business one year from date of issuance.(b) Mutuel tickets issued during the month of August 2007 shall expire at the close of business on September 29, 2008.(c) Mutuel tickets issued prior to August 1, 2007, have expired in accordance with the Texas Racing Act.(d) Vouchers issued prior to September 1, 2007, shall not expire.", "sourceNote": "Source Note: The provisions of this §321.33 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective November 12, 2003, 28 TexReg 9830; amended to be effective October 3, 2005, 30 TexReg 6262; amended to be effective August 5, 2007, 32 TexReg 4635; amended to be effective July 16, 2008, 33 TexReg 5525." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85884", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.34", "label": "Refusal to Cash" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183119", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may refuse to cash a mutuel ticket if the association determines the ticket has been:(1) recorded as previously cashed or canceled;(2) issued after the stop betting command was issued; or(3) altered to appear as a winning ticket.(b) An association may refuse to cash a voucher if the association determines the voucher has been:(1) recorded as previously cashed; or(2) altered to appear as an outstanding voucher.", "sourceNote": "Source Note: The provisions of this §321.34 adopted to be effective April 1, 2001, 26 TexReg 2158." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183119", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.35", "label": "Claim for Payment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195716", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Claims on pari-mutuel tickets or vouchers presented for payment.(1) An association shall accept a claim for payment if the association has withheld payment or has refused to cash a pari-mutuel ticket or a voucher presented for payment. The claim for payment must be on a form prescribed by the association and approved by the executive secretary.(2) The original of the claim must be signed by the claimant and shall be promptly forwarded to the Commission.(3) The association shall make a recommendation to accompany the claim forwarded to the Commission. The recommendation must state whether or not the ticket or voucher can be positively identified as a winning ticket or voucher.(4) If a claim is made for the payment of a mutuel ticket or a voucher, the executive secretary shall investigate the claim and may:(A) order the association to pay the claim;(B) deny the claim; or(C) enter any other order the executive secretary determines appropriate.(b) Claims on pari-mutuel tickets or vouchers that have been lost or destroyed.(1) An association may cash a lost or destroyed ticket voucher if the ticket or voucher has not been previously cashed and the claimant can:(A) demonstrate ownership via the use of the claimant's unique and personally identifiable player tracking account at the association where the transaction was made on the claimant's account; or(B) can provide the mutuel manager sufficient information whereby the transaction can be positively verified through wagering system logs.(2) If an association refuses to pay a claim for a lost or destroyed ticket or voucher, the claimant may file a claim for payment with the Commission. The claim for payment must be on a form prescribed by the association and approved by the executive secretary.(A) The original of the claim must be signed by the claimant, and shall be promptly forwarded to the Commission.(B) The association shall make a recommendation to accompany the claim forwarded to the Commission. The recommendation must state:(i) whether or not the ticket or voucher can be positively verified as a winning transaction;(ii) whether or not the ticket or voucher has been previously cashed, and date the ticket or voucher was cashed; and(iii) why the association refused to pay the claimant.(3) If a claim for payment is received by the executive secretary under paragraph (2) of this subsection, then the executive secretary shall investigate the claim and may:(A) order the association to pay the claim;(B) deny the claim; or(C) enter any other order the executive secretary determines appropriate.(c) An association shall be responsible for maintaining records and logs to validate claims for payments in this section. Records and logs must be maintained for 365 days.", "sourceNote": "Source Note: The provisions of this §321.35 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective October 3, 2005, 30 TexReg 6262; amended to be effective October 23, 2011, 36 TexReg 6940; amended to be effective March 8, 2017, 42 TexReg 1025." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195716", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.36", "label": "Unclaimed Outs and Vouchers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227726", "queryAsDate": "03/11/2026" }, "ruleBody": "To pay the charges associated with the medication or drug testing, an association may use the money held by the association to pay outstanding tickets and pari-mutuel vouchers. If additional amounts are needed to pay the charges, the association shall pay those additional amounts. If the amount of outstanding tickets and pari-mutuel vouchers held exceeds the amount needed to pay the charges, the association may retain the excess amount as outstanding tickets and pari-mutuel vouchers expire.", "sourceNote": "Source Note: The provisions of this §321.36 adopted to be effective July 16, 2008, 33 TexReg 5525; amended to be effective December 8, 2011, 36 TexReg 8372; amended to be effective July 1, 2019, 44 TexReg 3262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227726", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.37", "label": "Cashed Tickets and Vouchers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227727", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall maintain procedures that ensure the security of physically or digitally stored files of scanned and manually cashed tickets and vouchers and the integrity of physically or digitally stored files of outstanding tickets and outstanding vouchers. (b) The association shall maintain secure procedures for accessing digitally stored files or store cashed tickets and vouchers in a secure area.(c) The association shall prohibit individuals other than the association's mutuel manager from having access to physically or digitally stored files of cashed tickets and vouchers or digitally stored files of outstanding ticket files and outstanding voucher files.", "sourceNote": "Source Note: The provisions of this §321.37 adopted to be\r\neffective April 1, 2001, 26 TexReg 2158; amended to be effective July\r\n16, 2008, 33 TexReg 5525; amended to be effective March 11, 2026,\r\n51 TexReg 1383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227727", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.39", "label": "Altering Cashed Tickets and Cashed Vouchers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131129", "queryAsDate": "03/11/2026" }, "ruleBody": "Whether it is stored physically or digitally an association shall ensure that each cashed or refunded mutuel ticket and cashed voucher is altered in a manner that indicates the mutuel ticket or voucher has been cashed or refunded, but does not destroy the identity of the of the ticket or voucher.", "sourceNote": "Source Note: The provisions of this §321.39 adopted to be\r\neffective April 1, 2001, 26 TexReg 2158; amended to be effective March\r\n11, 2026, 51 TexReg 1384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131129", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.43", "label": "Cancellation of Win Wagers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85902", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association may not cancel a win wager for more than $500 on any live or simulcast race offered for wagering by the association, unless:(1) the patron requests to cancel the wager before the patron leaves the teller's window and before the ticket-issuing machines are locked; or(2) the stewards or racing judges order the wager to be canceled because of a scratch in the race.(b) If a patron desires to cancel a wager that is on the same mutuel ticket as a win wager that may not be canceled under this section, the association may cancel the ticket but must immediately replace the win wager that was on the ticket.(c) An association shall post a notice by each automatic ticket-issuing machine that states that a win wager for more than $500 may not be canceled except if the stewards or racing judges order the wager to be canceled because of a scratch in the race.(d) An association may adopt a house policy regarding the cancellation of win wagers that is more restrictive than this section, subject to the approval of the executive secretary.(e) The cancellation of wagers on self-serve wagering machines shall not be permitted except in accordance with the written policies established by the association and approved by the executive secretary.(f) The mutuel manager shall be responsible for controlling all canceled wagers and ensuring that the association complies with the rules of this section.", "sourceNote": "Source Note: The provisions of this §321.43 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective August 5, 2007, 32 TexReg 4635." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85902", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.45", "label": "Teller's Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160218", "queryAsDate": "03/11/2026" }, "ruleBody": "Each pari-mutuel teller for an association shall retain and account for all mutuel tickets or vouchers cashed, refunded or canceled by the teller.", "sourceNote": "Source Note: The provisions of this §321.45 adopted to be effective April 1, 2001, 26 TexReg 2158." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160218", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "A", "label": "MUTUEL OPERATIONS" }, "rule": { "number": "§321.46", "label": "Payment on No Ticket Issue" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227728", "queryAsDate": "03/11/2026" }, "ruleBody": "When a ticket issuing machine does not produce a paper ticket due to a mechanical failure, the mutuel manager may validate the wager through totalisator logs. If the transaction is a winning wager and the mutuel manager pays the patron, then the mutuel manager shall report the transaction to the Commission within 24 hours on a form prescribed by the association and approved by the executive secretary. The form must contain, at the minimum, the following:(1) Association name;(2) Date and time of the machine failure;(3) Terminal number;(4) Bet description to include:(A) racetrack;(B) race number;(C) animal number;(D) bet type;(E) amount wagered;(F) total ticket cost;(G) winning amount; and(H) ticket serial number;(5) Patron's name and phone number;(6) Signature of the patron;(7) Description of the incident;(8) Date and time of the report; and(9) Signature of the mutuel manager.", "sourceNote": "Source Note: The provisions of this §321.46 adopted to be effective March 28, 2011, 36 TexReg 1981; amended to be effective January 10, 2013, 38 TexReg 244." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227728", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "B", "label": "TOTALISATOR REQUIREMENTS AND OPERATING ENVIRONMENT" }, "rule": { "number": "§321.101", "label": "Totalisator Requirements and Operating Environment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85914", "queryAsDate": "03/11/2026" }, "ruleBody": "Each association shall conduct wagering using a pari-mutuel system approved by the Commission. The pari-mutuel system shall operate in accordance with applicable laws and rules and meet the technical standards set forth in the Association of Racing Commissioners International Totalisator Technical Standards as amended in December 2020 and any subsequent amendments. Copies of the Totalisator Technical Standards are available at the Texas Racing Commission, Austin Headquarters office.", "sourceNote": "Source Note: The provisions of this §321.101 adopted to\r\nbe effective January 10, 2013, 38 TexReg 244; amended to be effective\r\nMarch 11, 2026, 51 TexReg 1384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85914", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.201", "label": "Actions by Stewards or Racing Judges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The stewards or racing judges may correct an inadvertent mistake in the posting of the official order of finish before declaring the race to be official.(b) The decision of the stewards or racing judges regarding the order of finish is final at the time the stewards or judges order the official sign displayed on the tote board.(c) A ruling by the stewards or racing judges made after the result of the race has been declared official regarding the order of finish or an award of purse money does not affect the distribution of the pari-mutuel pools.", "sourceNote": "Source Note: The provisions of this §321.201 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85915", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.203", "label": "Errors in Posted Payoff" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85925", "queryAsDate": "03/11/2026" }, "ruleBody": "If an error is discovered in the payoff amounts posted on the tote board, the association shall correct the amounts immediately and announce the error and the subsequent correction over the public address system. The corrected amounts shall be used in the payoff.", "sourceNote": "Source Note: The provisions of this §321.203 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85925", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.205", "label": "Probable Odds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208152", "queryAsDate": "03/11/2026" }, "ruleBody": "The association shall set and print in the official program the morning line odds for each betting interest in each race.", "sourceNote": "Source Note: The provisions of this §321.205 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208152", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.207", "label": "Betting Interests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85927", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by the Rules, if the stewards or racing judges determine that two or more race animals entered in a race have common ties through ownership, the stewards or judges may join the animals as a coupled entry.(b) If the number of race animals competing in a race exceeds the numbering capacity of the totalisator system, the highest numbered race animal and any animals grouped with that animal constitute the mutuel field.(c) A coupled entry or a mutuel field is a single betting interest. A wager on one animal in a coupled entry or mutuel field is a wager on all animals in the coupled entry or mutuel field.(d) In a race with a coupled entry or a mutuel field, the racing secretary may assign wagering numbers to entries that are different from the post position numbers.", "sourceNote": "Source Note: The provisions of this §321.207 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective March 2, 2022, 47 TexReg 915." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85927", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.209", "label": "Minimum Wager" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151214", "queryAsDate": "03/11/2026" }, "ruleBody": "An association may accept wagers only in multiples of $1, except as otherwise authorized by the executive secretary.", "sourceNote": "Source Note: The provisions of this §321.209 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151214", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.211", "label": "Carryover Pools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85929", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) With the approval of the executive secretary, an association may declare an amount as a cap or may designate specific dates, days, or performances for a mandatory payout for any pool that may be carried forward to future performances if it is not won. After declaring the amount of the cap for a pool or designating specific dates, days, or performances for a mandatory payout, the association may not change the amount of the cap or a designated mandatory payout day, date, or performance during a race meeting without prior written approval of the executive secretary.(b) If, at the end of a performance, the amount accumulated in a pool for which a cap has been declared equals or exceeds the amount of the cap, the pool shall be frozen until it is won in accordance with the Rules.(c) At each performance at which a pool frozen under this section is not won, all money wagered for that pool at that performance shall be distributed to the holders of tickets that contain the most winners.(d) If at a performance it is not possible to distribute money wagered for a pool frozen under this section in accordance with the Rule regarding that pool, all money wagered for that pool at that performance shall be refunded.(e) If an association does not designate a specific date, day, or performance for a mandatory payout of a carryover pool, the pool shall be distributed:(1) at a horse racetrack, at the last performance of the race meeting; and(2) at a greyhound racetrack, at the last performance of the calendar year.(f) If the last performance is canceled, the pool shall be deposited in an interest-bearing account approved by the executive secretary. The pool and all accrued interest shall then be carried over and included with the appropriate pool at the next succeeding performance as an additional amount to be distributed.", "sourceNote": "Source Note: The provisions of this §321.211 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective March 28, 2011, 36 TexReg 1981." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85929", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.213", "label": "Straight Wagers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161423", "queryAsDate": "03/11/2026" }, "ruleBody": "The following wagers are considered to be straight wagers for all purposes:(1) win;(2) place;(3) show; and(4) odd/even.", "sourceNote": "Source Note: The provisions of this §321.213 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161423", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.215", "label": "Multiple Wagers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85931", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following wagers are considered to be multiple two wagers for all purposes:(1) daily double;(2) quinella;(3) exacta; and(4) quinella double.(b) The following wagers are considered to be multiple three wagers for all purposes:(1) trifecta;(2) twin trifecta;(3) pick (n);(4) select three, four, or five;(5) superfecta;(6) tri-superfecta;(7) fortune pick (n); and(8) super hi-five.", "sourceNote": "Source Note: The provisions of this §321.215 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective January 10, 2013, 38 TexReg 244." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85931", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.217", "label": "Stop Betting Command" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85932", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the appropriate time before each live race, a steward or racing judge shall issue the \"stop betting\" command to activate the locking control switch and ring the off bell.(b) The mutuel manager and the totalisator operator shall ensure all wagering stops when the \"stop betting\" command is issued.(c) An association may not permit a wager to be accepted or a ticket to be cancelled after the \"stop betting\" command has been issued.(d) If a wager is accepted after the \"stop betting\" command has been issued:(1) the mutuel manager, before the race is declared official, shall inform the stewards or racing judges and the pari-mutuel auditor of the wagers made after the \"stop betting\" command was issued;(2) the stewards or racing judges, after consulting with the mutuel manager and the pari-mutuel auditor, shall order the association:(A) to refund the wagers made after the stop betting command was issued; or(B) to refund all wagers on the race.(e) A wager accepted after the stop betting command has been issued is not a valid wager and must be refunded. If the totalisator system cannot document the time at which the \"stop betting\" command was issued, the \"stop betting\" command is presumed to have been issued at the time the starting gate opened for the race.", "sourceNote": "Source Note: The provisions of this §321.217 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85932", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.301", "label": "Distribution of Pools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85933", "queryAsDate": "03/11/2026" }, "ruleBody": "After the stewards or racing judges have declared a race is \"official\", an association shall distribute the pari-mutuel pools to the holders of mutuel tickets who are entitled to share in the respective pools in accordance with the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §321.301 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85933", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.302", "label": "Payoff on Minus Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85934", "queryAsDate": "03/11/2026" }, "ruleBody": "Regardless of whether a pari-mutuel pool contains sufficient money, an association shall pay to the holder of a mutuel ticket that entitles the holder to participate in the distribution of a pari-mutuel pool the amount wagered by the holder plus a minimum of 5.0% of the wager.", "sourceNote": "Source Note: The provisions of this §321.302 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85934", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.303", "label": "Straight Pools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85935", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall provide win, place, and show wagering in any race in which five or more separate betting interests are scheduled to start.(b) An association shall provide win and place wagering in a race in which four separate betting interests are scheduled to start.(c) An association shall provide win wagering in a race in which three or fewer betting interests are scheduled to start.(d) The association, with the permission of the stewards or racing judges, may waive the requirement for a place or show pool in any race.", "sourceNote": "Source Note: The provisions of this §321.303 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85935", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.304", "label": "Win Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85936", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The takeout authorized by law is deducted from the total wagered in the win pool. The balance is the net pool.(b) The amount wagered on the winner is divided into the net pool. The quotient is the payoff price on the winner for each dollar wagered and it includes the dollar wagered on the winner.(c) If a race animal wins and no money was wagered on the animal to win, the win pool shall be distributed among the holders of tickets on that animal in the place pool. If there are no tickets on the animal in the place pool, the win pool shall be distributed among the holders of tickets on that animal in the show pool. If there are no tickets on the animal in the show pool, the money in the win pool shall be refunded.(d) If a race ends in a two-animal dead heat for first place, the win pool shall be calculated as a place pool. If a race ends in a multiple-animal dead heat for first place, the win pool shall be distributed as a profit for split to the holders of tickets on any of the animals finishing first.", "sourceNote": "Source Note: The provisions of this §321.304 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85936", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.305", "label": "Place Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85937", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The takeout authorized by law is deducted from the total wagered in the place pool. The balance is the net pool.(b) The amount wagered in the place pool on the race animals that placed first and second is deducted from the net pool. The remaining profits are divided into two equal parts, between the wagers on the winner in the place pool and the wagers on the animal that finished second.(c) With the amount wagered in the place pool on the winner as the divisor and one-half of the profits of the place pool as the dividend, the quotient is the profit-per-dollar wagered in the place pool on the winner.(d) With the amount wagered in the place pool on the animal finishing second as the divisor and one-half of the profits of the place pool as the dividend, the quotient is the profit-per-dollar wagered in the place pool on the animal finishing second.(e) The profit-per-dollar wagered is the resultant. Because the amounts wagered on the animals finishing first and second must be returned, the amount deducted from the net pool under subsection (b) of this section is added to the quotient. The result is the payoff price for each dollar wagered on the animals finishing first and second in the place pool.(f) If a race ends in a dead heat for first place, the place pool shall be distributed in accordance with subsections (c) and (d) of this section. If a race ends in a dead heat for second place, tickets on the first place animal shall be paid in accordance with subsection (c), and the remaining half of the place pool shall be distributed as a profit for split to holders of tickets on any of the animals finishing in the dead heat for second place.(g) If no money was wagered to place on an animal finishing first or second in a race, the place pool shall be distributed among the holders of the place tickets on the other animal that finished first or second. If no money was wagered to place on either of the animals finishing first or second in a race, the place pool shall be distributed among the holders of tickets on the first and second place animals in the show pool. If the place pool cannot otherwise be distributed in accordance with this section, the money in the place pool shall be refunded.", "sourceNote": "Source Note: The provisions of this §321.305 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85937", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.306", "label": "Show Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The takeout authorized by law is deducted from the total wagered in the show pool. The balance is the net pool.(b) The amount wagered in the show pool on the race animals finishing first, second, and third is deducted from the net pool. The remaining profits are divided into three equal parts, among the wagers in the show pool on the winner, the animal finishing second, and the animal finishing third.(c) With the amount wagered in the show pool on the winner as a divisor and one-third of the profits of the show pool as a dividend, the quotient is the profit-per-dollar wagered in the show pool on the winner.(d) With the amount wagered in the show pool on the animal finishing second as the divisor and one-third of the profits of the show pool as the dividend, the quotient is the profit-per-dollar wagered in the show pool on the animal finishing second.(e) With the amount wagered in the show pool on the animal finishing third as the divisor and one-third of the profits of the show pool as the dividend, the quotient is the profit-per-dollar wagered in the show pool on the animal finishing third.(f) The profit-per-dollar wagered is the resultant. Because the amounts wagered on the animals finishing first, second, and third must be returned, the amount deducted from the net pool under subsection (b) of this section is added to the quotient. The result is the payoff price for each dollar wagered on the animals finishing first, second, and third in the show pool.(g) If a race ends in a dead heat for first or second place, the show pool shall be distributed in accordance with subsections (c)-(e) of this section. If a race ends in a dead heat for third place, tickets on the first and second place animals shall be paid in accordance with subsection (c) and (d) and the remaining third of the show pool shall be distributed as a profit for split to holders of tickets on any of the animals finishing in the dead heat for third place.(h) If no money was wagered in the show pool on an animal finishing first, second, or third in a race, the show pool shall be distributed as a profit for split among the holders of the show tickets on the other animals that finished first, second, or third. If no money was wagered in the show pool on any of the animals finishing first, second, or third in a race, the money in the show pool shall be refunded.", "sourceNote": "Source Note: The provisions of this §321.306 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85938", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.307", "label": "Daily Double" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85939", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The daily double is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. All daily double tickets shall be calculated in a separate pool.(b) If any part of a coupled entry or mutuel field is a starter, the association may not refund money wagered under this section to persons wagering on the entry or field, regardless of whether any part of the entry or field failed to start. If either race in the daily double ends in a dead heat for first place, the pool shall be calculated as a place pool in proportion to the number of animals in the dead heat.(c) If no ticket is sold that correctly selects the winner of both races of the daily double, the entire daily double pool, minus the takeout and the breakage, shall be distributed equally to the holders of tickets which include the winner of either of the daily double races.(d) If no ticket is sold including the winner of the first race of the daily double, the entire daily double pool, minus the takeout and the breakage, shall be distributed equally to the holders of tickets which include the winner of the second race of the daily double. If no ticket is sold including the winner of the second race of the daily double, the entire daily double pool, minus the takeout and the breakage, shall be distributed equally to the holders of tickets which include the winner of the first race of the daily double.(e) If no ticket is sold including the winner of either race of the daily double, the entire daily double pool, minus the takeout and the breakage, shall be distributed equally to holders of tickets which include the animals finishing second in the two races of the daily double.(f) If the first race of a daily double is canceled, the association shall provide a complete refund of the daily double pool. If the second race of a daily double is canceled after the first race has been completed, the entire daily double pool, minus the takeout and the breakage, shall be distributed, in proportion of the amount wagered on those combinations including the winner of the first race of the daily double, to holders of tickets which include the winner of the first race of the daily double in combination with any animal in the second race.(g) If before the first race of a daily double is run, an animal entered in either race is scratched or otherwise prevented from racing, all money wagered on the affected animal shall be deducted from the daily double pool and refunded to the holders of tickets on the affected animal.(h) If after the first race of a daily double is run, an animal entered in the second race is scratched or otherwise prevented from racing, a consolation daily double shall be awarded. All tickets which select an animal in the first race with the affected animal in the second race shall be deducted from the daily double pool and this amount shall be placed in a consolation pool. The consolation pool shall be distributed as a straight pool to the holders of tickets who correctly selected the winner of the first race with the affected animal in the second race.(i) If either race in a daily double ends in a dead heat, the total daily double pool shall be distributed in the same manner as a place pool.(j) If the daily double pool cannot otherwise be distributed in accordance with this section, the money in the daily double pool shall be carried forward and added to the next consecutive daily double pool.", "sourceNote": "Source Note: The provisions of this §321.307 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85939", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.308", "label": "Quinella" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85923", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The quinella is not a parlay and has no connection with or relation to the win, place, and show pools on the tote board. All tickets on the quinella shall be calculated as a separate pool.(b) A quinella ticket is for the win and place combination only. When purchasing a quinella ticket, the patron shall select the two animals to be the top two finishers.(c) If any part of a coupled entry or mutuel field is a starter, the association may not refund money wagered under this section to persons wagering on the entry or field. For purposes of this section, if a part of the entry or field finishes first, the order of finish of the other animals in the entry or field shall be disregarded in determining which animal finished second.(d) If after wagering has begun an animal entered in a quinella race is scratched or otherwise prevented from racing, all money wagered on the affected animal shall be deducted from the quinella pool and refunded to the holders of tickets on the affected animal.(e) If no ticket is sold on the winning combination in a quinella race, all quinella tickets bearing the number of the winning animal and all quinella tickets bearing the number of the second place animal are considered winning tickets and the payoff shall be calculated in the same manner as a place pool.(f) If no ticket is sold on the winning combination in a race and no quinella ticket bears the number of the winner, all quinella tickets bearing the number of the second place animal are considered winning tickets and the payoff shall be calculated as a win pool.(g) If no ticket is sold on the winning combination in a race and no quinella tickets bear the number of the second place animal, all quinella tickets bearing the number of the winner are considered winning tickets and the payoff shall be calculated as a win pool.(h) If only one animal finishes in a quinella race, the entire pool is distributed as a win pool for the persons who wagered on the winner.(i) If a quinella race ends in a dead heat for first place, all animals finishing first are the winners of the race and the pool shall be distributed as a place pool.(j) If a quinella race ends in a two-animal dead heat for second place, the entire pool is distributed as a place pool. If a quinella race ends in a multiple-animal dead heat for second place, all combinations that couple the winning animal with any of the second place animals are winners of the quinella and the pool shall be distributed as a profit split.(k) If no ticket is sold on the winning combination in a quinella race and no quinella tickets bear the number of either the winner or the second place animal, the quinella is considered \"no contest\" and the association shall carry forward all money wagered in the quinella pool to the next consecutive quinella pool.", "sourceNote": "Source Note: The provisions of this §321.308 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85923", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.309", "label": "Exacta" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "125634", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The exacta is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. All tickets in an exacta race shall be calculated as a separate pool.(b) When purchasing an exacta ticket, the patron shall designate the exact order of finish for the first and second place animals.(c) If any part of a coupled entry or mutuel field is a starter, the association may not refund money wagered under this section to persons wagering on the entry or field, regardless of whether any part of the entry or field failed to start. For purposes of this section, if a part of the entry or field finishes first, the order of finish of the other animals in the entry or field shall be disregarded in determining which animal finished second.(d) If after wagering has begun an animal entered in an exacta race is scratched or otherwise prevented from racing, all money wagered on the affected animal shall be deducted from the exacta pool and refunded to the holders of tickets on the affected animal.(e) If no ticket is sold on the winning combination in an exacta race, the net pool shall be distributed among the holders of tickets selecting the winner to finish first. If no such ticket is sold, the net pool shall be distributed among the holders of tickets selecting the second place animal to finish second.(f) If a race ends in a dead heat for first place, the net pool shall be calculated and distributed as a place pool to holders of the winning combination.(g) If a race ends in a dead heat for second place, all tickets designating the appropriate animal to win coupled with any of the second place animals are winners and the pool shall be distributed as a place pool.(h) If a race ends in a dead heat for second place and no ticket is sold on any of the winning combinations, the net pool shall be calculated and distributed to the holders of tickets that designated the winner or any of the second place animals according to their respective interest in the net pool.(i) If a race ends in a dead heat for first among more than two animals, the net pool shall be calculated and distributed as a profit for split to holders of tickets designating any two of the animals participating in the dead heat.(j) If no ticket is sold that would require distribution under this section, the exacta is considered \"no contest\" and the association shall carry forward all money wagered in the exacta pool to the next consecutive exacta pool.", "sourceNote": "Source Note: The provisions of this §321.309 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "125634", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.310", "label": "Trifecta" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91403", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The trifecta wager is not a parlay and has no connection with or relation to the win, place, and show pool shown on the tote board. All tickets on the trifecta shall be calculated as a separate pool.(b) A person purchasing a trifecta ticket must select the three animals in a race which will finish first, second, and third and designate the exact order in which the first three will finish.(c) If after wagering has begun an animal entered in a trifecta race is scratched or otherwise prevented from racing, all money wagered on the affected animal shall be deducted from the trifecta pool and refunded to the holders of tickets on the affected animal.(d) If no ticket is sold on the winning combination, the net pool shall be distributed equally among the holders of tickets selecting the animals finishing first and second.(e) If no ticket is sold that requires distribution under subsection (d) of this section, the net pool shall be distributed equally among the holders of tickets selecting the animals finishing first and third.(f) If no ticket is sold that requires distribution under subsections (d) or (e) of this section, the net pool shall be distributed equally among the holders of tickets selecting the animal finishing first.(g) If no ticket is sold requiring distribution under subsections (d) - (f) of this section, the net pool shall be distributed equally among the holders of tickets selecting the animals finishing second and third.(h) If no ticket is sold requiring distribution under subsections (d) - (g) of this section, the net pool shall be distributed equally among the holders of tickets selecting the animal finishing second.(i) If no ticket is sold requiring distribution under subsections (d) - (h) of this section, the net pool shall be distributed equally among the holders of tickets selecting the animal finishing third.(j) If a trifecta race ends in a dead heat for first place, the winning combination shall include the first two animals as finishing in either first or second and the animal finishing third. If a trifecta race ends in a dead heat for second place, the winning combinations shall include the animal finishing first and the two animals finishing in a dead heat as finishing either second or third. If a trifecta race ends in a dead heat for third place, the winning combinations include the animals finishing first and second and any of the animals finishing in the dead heat as finishing third. In all combinations paid under this subsection, the net pool shall be divided into separate pools, calculated as a place pool, and paid out accordingly.(k) If a trifecta race ends in a triple dead heat or double dead heats, the net pool shall be divided by the number of all win, place, and show combinations formed, calculated as separate pools, and paid out accordingly.(l) If no ticket is sold that would require distribution under this section, the trifecta is considered \"no contest\" and the association shall carry forward all money wagered in the trifecta pool to the next consecutive trifecta pool.(m) An association shall not offer trifecta wagering on any race placed on the official program that does not have six or more different wagering interests unless approved by the board of stewards or judges. The board of stewards or judges may not approve a Trifecta wager in a race with fewer than five wagering interests.(n) In the event scratches after the animals leave the paddock cause the number of different wagering interests to fall below six, or below an amount previously approved by the board of stewards or judges, the board of stewards or judges may order the wager to be canceled and the pool to be refunded if deemed in the interest of wagering integrity.", "sourceNote": "Source Note: The provisions of this §321.310 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective August 3, 2006, 31 TexReg 5961." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91403", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.311", "label": "Twin Trifecta" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151217", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The twin trifecta wager is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. All tickets on the twin trifecta shall be calculated as a separate pool.(b) The twin trifecta requires selection of the first three finishers, in exact order, in each of two designated races. Each winning ticket for the first twin trifecta race must be exchanged for a free ticket on the second twin trifecta race to remain eligible for the second-half twin trifecta pool. Such tickets may be exchanged only at designated attended ticket windows before the start of the second twin trifecta race. Winning first-half twin trifecta wagers will receive both an exchange and a monetary payout. Both of the designated twin trifecta races shall be included in one twin trifecta pool.(c) After wagering closes for the first-half of the twin trifecta and commissions have been deducted from the pool, the net pool shall then be divided equally into two separate pools: the first-half twin trifecta pool and the second-half twin trifecta pool.(d) In the first twin trifecta race only, the first-half twin trifecta pool shall be distributed according to the following precedence, based on the official order of finish for the first twin trifecta race:(1) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then(2) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(3) As a single price pool to those whose combination included, in correct sequence, the first and third betting interests; but if there are no such wagers, then(4) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(5) As a single price pool to those whose combination included, in correct sequence, the second and third betting interests; but if there are no such wagers, then(6) As a single price pool to those whose combination correctly selected the second-place betting interest; but if there are no such wagers, then(7) As a single price pool to those whose combination correctly selected the third-place betting interest; but if there are no such wagers, then(8) The twin trifecta pool shall be canceled and the entire pool shall be carried forward to the next consecutive performance and combined with that performance's second-half twin trifecta pool.(e) If no first-half twin trifecta ticket selects the first three finishers of that contest in exact order, no exchange tickets for the second-half twin trifecta pool will be issued. In such case, the second-half twin trifecta pool shall be carried forward and added to any existing twin trifecta carryover pool.(f) A first-half twin trifecta ticket that selects the first three finishers of that race in exact order may be exchanged for a ticket selecting the first three finishers of the second twin trifecta race. The second-half twin trifecta pool shall be distributed according to the following precedence, based on the official order of finish for the second twin trifecta race:(1) As a single price pool, including the carryover, to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then(2) The second-half twin trifecta pool for that race shall be carried forward to the next consecutive performance and shall be combined with that performance's second-half twin trifecta pool.(g) If a winning first-half twin trifecta ticket is not presented for cashing and exchange before the start of the second twin trifecta race, the ticket holder may still collect the monetary value associated with the first-half twin trifecta pool but forfeits all rights to a distribution of the second-half twin trifecta pool.(h) If fewer than six horses of different betting interests leave the paddock for the first twin trifecta race or fewer than six greyhounds start the first twin trifecta race, the twin trifecta shall be canceled and the entire twin trifecta pool for that performance shall be refunded.(i) Before the running of the first twin trifecta race, if due to a scratch the second twin trifecta race has fewer than six horses of different betting interests or fewer than six greyhounds of different betting interests, the twin trifecta shall be canceled and the entire twin trifecta pool for that performance shall be refunded.(j) After the running of the first twin trifecta race, if due to a late scratch, the second twin trifecta race has fewer than six animals of different betting interests that start, all exchange tickets and outstanding first-half winning tickets shall be entitled to the second-half twin trifecta pool for that performance as a single price pool, but not the twin trifecta carryover.(k) Coupled entries and mutuel fields may not be permitted in a twin trifecta horse race unless there are six or more betting interests. Coupled entries or mutuel fields in a twin trifecta race shall race as a single betting interest for the purpose of mutuel pool calculations and payout to the public.(l) If a betting interest in the first twin trifecta race is scratched, all twin trifecta wagers including the scratched betting interest shall be refunded.(m) If a betting interest in the second twin trifecta race is scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided to exchange tickets that include the scratched betting interest.(n) If there is a dead heat or multiple dead heats in either the first or second twin trifecta race, all twin trifecta wagers selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, shall be a winner. In the case of a dead heat occurring in:(1) the first twin trifecta race, the payout shall be calculated as a profit split; and(2) the second twin trifecta race, the payout shall be calculated as a single price pool.(o) If either of the twin trifecta races are canceled before the first twin trifecta race, or if the first twin trifecta contest is declared \"no contest\", the entire twin trifecta pool for that performance shall be refunded and the second-half pool shall be canceled.(p) If the second twin trifecta race is canceled or declared \"no contest\" on a:(1) non-designated mandatory payout performance, all exchange tickets and outstanding first-half winning twin trifecta tickets shall be entitled to the net twin trifecta pool for that performance as a single price pool, but not the twin trifecta carryover. If there are no such tickets, the net twin trifecta pool shall be carried forward to the next consecutive performance and combined with that performance's second-half twin trifecta pool; and(2) designated mandatory payout performance, all exchange tickets and outstanding first-half winning twin trifecta tickets as determined by subsection (s) of this section shall be entitled to the net twin trifecta pool for that performance and the twin trifecta carryover as a single price pool.(q) An association may file a written request for permission to distribute the twin trifecta carryover on a specific performance with the executive secretary. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.(r) Notwithstanding subsections (f) and (t) of this section, on the last performance of a race meeting or on a designated mandatory payout performance, the following precedence will be followed in determining winning tickets for the second-half of the twin trifecta:(1) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then(2) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(3) As a single price pool to those whose combination included, in correct sequence, the first and third betting interests; but if there are no such wagers, then(4) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(5) As a single price pool to those whose combination included, in correct sequence, the second and third betting interests; but if there are no such wagers, then(6) As a single price pool to those whose combination correctly selected the second-place betting interest; but if there are no such wagers, then(7) As a single price pool to those whose combination correctly selected the third-place betting interest; but if there are no such wagers, then(8) As a single price pool to holders of valid exchange tickets; but if there are no such persons, then(9) As a single price pool to holders of outstanding first-half winning tickets.(s) Distribution on Mandatory Payout.(1) Notwithstanding subsections (e) and (t) of this section, on the last performance of a race meeting or a designated mandatory payout performance, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in the first twin trifecta race in the following order:(A) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then(B) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(C) As a single price pool to those whose combination included, in correct sequence, the first and third betting interests; but if there are no such wagers, then(D) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(E) As a single price pool to those whose combination included, in correct sequence, the second and third betting interests; but if there are no such wagers, then(F) As a single price pool to those whose combination correctly selected the second-place betting interest; but if there are no such wagers, then(G) As a single price pool to those whose combination correctly selected the third-place betting interest.(2) Notwithstanding subsections (e) and (t) of this section, on the last performance of a race meeting or a designated mandatory payout performance, if there are no wagers selecting the finishers in the order described in Paragraph (1) of this subsection and there is a carryover, all first-half tickets are considered winners and the twin trifecta pool for that performance and any existing twin trifecta carryover shall be distributed equally among them.(3) Notwithstanding subsections (e) and (t) of this section, on the last performance of a race meeting or a designated mandatory payout performance, if there are no wagers selecting the finishers in the order described in Paragraph (1) of this subsection and there is no carryover, the twin trifecta shall be canceled and the entire twin trifecta pool shall be refunded.(t) Cap on Carryover.(1) The twin trifecta carryover may be capped at a designated level approved by the executive secretary so that if, at the close of any performance, the amount in the twin trifecta carryover equals or exceeds the designated cap, the twin trifecta carryover will be frozen until it is won or distributed under other provisions of this section. After the twin trifecta carryover is frozen, 50% of the twin trifecta pool shall be distributed to winners of the first twin trifecta race using the following precedence:(A) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then(B) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(C) As a single price pool to those whose combination included, in correct sequence, the first and third betting interests; but if there are no such wagers, then(D) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(E) As a single price pool to those whose combination included, in correct sequence, the second and third betting interests; but if there are no such wagers, then(F) As a single price pool to those whose combination correctly selected the second-place betting interest; but if there are no such wagers, then(G) As a single price pool to those whose combination correctly selected the third-place betting interest; but if there are no such wagers, then(H) the twin trifecta shall be canceled and the entire twin trifecta pool for that performance shall be refunded.(2) After the twin trifecta carryover is frozen, exchange tickets will be issued for the second half of the twin trifecta pool, in accordance with paragraph (1) of this subsection. The second-half twin trifecta pool shall be distributed according to the following precedence, based upon the official order of finish for the second twin trifecta race:(A) As a single price pool, including the carryover, to those who received an exchange ticket under paragraph (1)(A) of this subsection, and whose combination finished in correct sequence as the first three betting interests; but if there are no such tickets, then(B) Fifty percent (50%) of the twin trifecta pool for that performance only shall be distributed in the following precedence:(i) As a single price pool to those whose combination included, in correct sequence, the first three betting interest; but if there are no such wagers, then(ii) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(iii) As a single price pool to those whose combination included, in correct sequence, the first and third betting interests; but if there are no such wagers, then(iv) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(v) As a single price pool to those whose combination included, in correct sequence, the second and third betting interests; but if there are no such wagers, then(vi) As a single price pool to those whose combination correctly selected the second-place betting interest; but if there are no such wagers, then(vii) As a single price pool to those whose combination correctly selected the third-place betting interest; but if there are no such wagers, then(viii) As a single price pool to holders of valid exchange tickets; but if there are no such persons, then(ix) As a single price pool to holders of outstanding first-half winning tickets.(u) The twin trifecta carryover shall be designated for mandatory payout on a specified date and performance only under the following circumstances:(1) on written approval from the executive secretary as provided in subsection (q) of this section;(2) on written approval from the executive secretary when there is a change in the carryover cap or when the twin trifecta is discontinued; and(3) on the closing performance of the race meeting.(v) If the twin trifecta carryover must be held over to the corresponding twin trifecta pool of a subsequent race meeting, the carryover shall be deposited in an interest-bearing account approved by the executive secretary. The twin trifecta carryover plus accrued interest shall be carried over and added to the second-half twin trifecta pool of the following race meeting on a date and performance designated by the executive secretary.(w) The association must obtain written approval from the executive secretary concerning the scheduling and the amount of the cap to be set on the carryover. Any changes to the approved twin trifecta format require prior approval from the executive secretary.", "sourceNote": "Source Note: The provisions of this §321.311 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective January 1, 2002, 26 TexReg 10533." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151217", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.312", "label": "Pick (n)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197057", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The pick (n) wager is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. All tickets on the pick (n) shall be calculated as a separate pool.(b) The association may select a distinctive name for the pick (n), with the prior approval of the executive secretary.(c) The pick (n) pari-mutuel pool consists of amounts contributed for a selection to win only in each of six, seven, eight, nine, or 10 races designated by the association. After designating the number of races comprising the pick (n), the association may not change the number during a race meeting without prior written approval of the executive secretary.(d) A person purchasing a pick (n) ticket shall designate the winning animal in each of the races comprising the pick (n). The association shall issue to the purchaser of a pick (n) ticket a ticket that reflects each of the purchaser's selections.(e) A pick (n) ticket is a contract between the holder of the ticket and the association and the ticket constitutes acceptance of this section. The association, totalisator company, and the State of Texas are not liable to a person for a pick (n) ticket that is not a winning ticket under this section or for a pick (n) ticket that is not delivered.(f) A coupled entry or mutuel field in a race that is part of the pick (n) races shall race as a single betting interest for the purpose of mutuel pool calculations and payoffs to the public.(g) The pick (n) pool shall be distributed as provided by this section. The net pool in the pick (n) pool is divided into a major pool and a minor pool. The association may designate the major pool to consist of either 75% or 50% of the net amount wagered on the pick (n). The remaining percentage constitutes the minor pool. The association shall notify the executive secretary in writing before the beginning of each race meeting of its designation regarding the division between the major and minor pools. After designating the division between the major and minor pools, an association may not change the division during a race meeting without prior written approval of the executive secretary.(h) The major pool shall be distributed among holders of pick (n) tickets which correctly designate the winner in each of the races comprising the pick (n).(i) Except as otherwise provided by this section, the minor pool shall be distributed to those ticket holders who failed to correctly designate the winner in each of the races comprising the pick (n), but who correctly selected the winners in the most, but not all of, the races comprising the pick (n).(j) If no ticket is sold that designates the winner in each of the races comprising the pick (n), the major pool shall be carried forward to the next performance to be paid in the major pool of that performance. Except as otherwise provided by this section, the major pool shall be supplemented each performance by the amount added to the pool from all previous performances' major pools that have not been won in accordance with subsection (h) of this section.(k) If a pick (n) ticket designates a selection and the selection is scratched or otherwise prevented from racing, the favorite, as determined by the largest amount wagered in the win pool at the start of the race, will be substituted for the nonstarting selection for all purposes, including mutuel pool calculations and payoffs to the public. If there are two or more favorites in the win pool, both favorites will be substituted for the nonstarting selection.(l) If a race in the pick (n) ends in a dead heat for first place, all animals in the dead heat are winners for purposes of calculating the pick (n) pool.(m) Except as otherwise provided by this subsection, if one or more races in the pick (n) are canceled or declared a \"no race\", the amount contributed to the major pool for that performance shall be added to the minor pool for that performance and distributed as an extra amount in the minor pool to the holders of the tickets that designate the most winners in the remaining races. All contributions to the major pool from prior performances shall remain in the major pool, to be carried forward to the next performance to be paid in the major pool for that performance. If the stewards or racing judges cancel or declare as a \"no race\" three or more of the races comprising a pick six, seven, or eight, four or more of the races comprising the pick nine, or five or more of the races comprising the pick 10, the pick (n) is canceled and the association shall refund all pick (n) tickets. A person may not win the major pool unless the person holds a pick (n) ticket that correctly designates the official winners of all the scheduled races comprising the pick (n) for that performance. On the last performance of a race meeting or on a designated mandatory payout performance, if one or two races comprising the pick (n) are canceled or declared a \"no race\", the major pool and the minor pool for that performance shall be combined with the prior performance major pool and be paid to those holders of tickets who correctly designated the most winners of the remaining races of the pick (n). If three or more races comprising the pick (n) are canceled or declared a \"no race\", the association shall refund all pick (n) tickets and the prior performance major pool shall be distributed in accordance with subsection (o) of this section.(n) When the condition of the turf course warrants a change of racing surface in any of the races open to pick (n) wagering, and such change has not been made known to the betting public prior to the close of wagering for the first pick (n) race, the Stewards shall declare the changed races a \"no contest\" for pick (n) wagering purposes and the pool shall be distributed in accordance with subsection (m) of this section. Following the designation of a race as a \"no contest\", no tickets shall be sold selecting a horse in such \"no contest\" race.(o) If on the last performance of the race meeting or on a designated mandatory payout performance the major pool is not distributable under subsection (h) of this section, the major pool and all money carried forward into that pool from previous performances shall be combined with the minor pool and distributed to the holders of tickets correctly designating the most, but not all, of the races comprising the pick (n) for that performance.(p) If the final or designated mandatory payoff performance is canceled or the major pool has not been distributed, the major pool shall be deposited in an interest-bearing account approved by the executive secretary. The major pool plus all accrued interest shall then be carried over and included in a major pool offered on one of the first five days of the next subsequent race meeting or on the next performance after the undistributed mandatory payout performance, as approved by the executive secretary.(q) Except for refunds required by this section, a pick (n) ticket may not be sold, exchanged, or canceled after the close of wagering on the first of the pick (n) races.(r) A person may not disclose the number of tickets sold in the pick (n) pool or the number or amount of tickets selecting winners of the races comprising the pick (n) until the results of the last race comprising the pick (n) are official. The totalisator equipment shall be programmed or constructed to suppress the publication or printing of any such information, except the total number of dollars wagered in the pick (n), until the results of the last race comprising the pick (n) are official.", "sourceNote": "Source Note: The provisions of this §321.312 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective October 3, 2005, 30 TexReg 6264; amended to be effective March 28, 2011, 36 TexReg 1981." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197057", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.313", "label": "Select Three, Four, or Five" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "125639", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The select three, four, or five wager is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board.(b) A select three, four, or five ticket is evidence of a binding contract between the holder of the ticket and the association and the ticket constitutes an acceptance of this section. The association may select a distinctive name for the select three, four, or five, with the prior approval of the executive secretary.(c) The select three, four, or five pari-mutuel pool consists of amounts contributed for a selection to win only on each of three, four, or five races designated by the association with the approval of the executive secretary. Each person purchasing a select three, four, or five ticket shall designate the winning animal in each of the races comprising the select three, four, or five.(d) A coupled entry or mutuel field in a race that is part of the select three, four, or five shall race as a single betting interest for the purpose of the select three, four, or five pari-mutuel pool calculations and payoffs to the public. If any part of a coupled entry or mutuel field is a starter in a race, the entry or field selection remains as the designated selection to win in that race for the select three, four, or five calculation, and the selection may not be deemed a scratch.(e) The select three, four, or five pari-mutuel pool may be a carryover pool or a non-carryover pool. The association, with prior approval of the executive secretary, will decide if the select three, four, or five pari-mutuel pool will be offered as a carryover pool or a non-carryover pool.(f) A non-carryover select three, four, or five pari-mutuel pool shall be distributed in accordance with this subsection. One hundred percent of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among the holders of pari-mutuel tickets which:(1) Correctly designate the official winner in each of the races comprising the select three, four, or five.(2) If no pari-mutuel ticket is sold combining the winners of all of the races comprising the select three, four, or five, 100% of the net amount in the pari-mutuel pool shall be distributed among the holders of pari-mutuel tickets which include the winners of the next highest number of winners of the races in the select three, four, or five.(3) If no pari-mutuel ticket is sold that would require distribution of the select three, four, or five pool under paragraphs (1) or (2) of this subsection, the association shall carry over all money wagered in the select three, four, or five pool to the next consecutive select three, four, or five pool.(4) If the final day of a race meeting is canceled or the select three, four, or five pool has not been distributed, the pool shall be escrowed by the association, and the pool plus all accrued interest shall be carried over and added to the select three, four, or five pari-mutuel pool in the following race meeting on a date and performance designated by the executive secretary.(5) If one or two of the races comprising a select three is canceled, two or three of the races comprising a select four are canceled, or three or four of the races comprising a select five are canceled, the net amount of the pari-mutuel pool shall be distributed as provided in paragraph (2) of this subsection.(g) A carryover select three, four, or five pari-mutuel pool shall be distributed in accordance with this subsection. The net pool in the select three, four, or five pool is divided into a major pool and a minor pool. The association shall designate the major pool to consist of 75% of the net amount wagered on the select three, four, or five pool. The remaining 25% constitutes the minor pool.(1) The major pool shall be distributed among holders of select three, four, or five tickets, which correctly designate the winner in each of the races comprising the select three, four, or five.(2) Except as otherwise provided by this section, the minor pool shall be distributed to those ticket holders who failed to correctly designate the winner in each of the races comprising the select three, four, or five, but who correctly selected the winners in the most, but not all of, the races comprising the select three, four, or five. If there are no such tickets, then the minor pool would be added to the major pool and:(A) Paid out to holders of tickets who correctly designated the winner in each of the races comprising the select three, four, or five, but if there are no such tickets,(B) Carried forward to the next select three, four or five pool offered.(3) If no ticket is sold that designates the winner in each of the races comprising the select three, four, or five, the major pool shall be carried forward to the next select three, four or five pool offered to be paid in the major pool.(4) Except as otherwise provided by this section, the major pool shall be supplemented each performance by the amount added to the pool from all previous performances' major pools that have not been won in accordance with paragraph (1) of this subsection.(5) If on the last performance of the race meeting or on a designated mandatory payout performance the major pool is not distributable under paragraph (1) of this subsection, the major pool and all money carried forward into that pool from previous performances shall be combined with the minor pool and distributed to the holders of tickets correctly designating the most, but not all, of the races comprising the select three, four, or five.(6) Except as otherwise provided by this subsection, if one or more of the races comprising a select three, four, or five is canceled or declared a \"no race\", the amount contributed to the major pool for that select three, four, or five shall be added to the minor pool for that same select three, four, or five and distributed as an extra amount in the minor pool to the holders of the tickets that designate the most winners in the remaining races. All contributions to the major pool from prior select three, four, or five pools shall remain in the major pool, to be carried forward to the next select three, four, or five pool to be paid in the major pool later on the race card or on the next performance.(h) If all of the races comprising the select three, four, or five are canceled, the association shall refund the pari-mutuel tickets sold on the select three, four, or five on that day. The association shall carry over the remaining amount in the select three, four, or five pari-mutuel pool to the next consecutive select three, four, or five pari-mutuel pool.(i) If a selection on a select three, four, or five ticket in one or more of the races is scratched or determined by the stewards or racing judges to be a nonstarter in the race, the actual favorite, as shown by the largest amount wagered in the win pool at the time of the start of the race, will be substituted for the non starting selection for all purposes, including pool calculations and payoffs. If there are two or more favorites in the win pool, both favorites will be substituted for the non-starting selection.(j) When the condition of the turf course warrants a change of racing surface in any of the races open to a select three, four, or five, and such change has not been made known to the betting public prior to the close of wagering for the first select three, four, or five race, the stewards shall declare each changed race a \"no contest\" for select three, four, or five purposes and the pool shall be distributed in accordance with subsection (i) of this section. Following the designation of a race as a \"no contest,\" no tickets shall be sold selecting a horse in such \"no contest\" race.(k) In the event of a dead heat for win between two or more animals:(1) in a select three, all the animals in the dead heat for win shall be considered as winning animals in the race for the purpose of calculating the major or minor pools and the affected pool is calculated:(A) As a profit split to those whose selections finished first in each of the three contests; but if there are no such wagers, then(B) As a single price pool to those who selected the first place finisher in any two of the three contests; but if there are no such wagers, then(C) As a single price pool to those who selected the first place finisher in any one of the three contests; but if there were no such wagers, then in accordance with subsection (f) of this section.(2) in a select four or five race, all the animals in the dead heat for win shall be considered as winning animals in the race for the purpose of calculating the major or minor pools and the affected pool is calculated as a win pool.(l) A pari-mutuel ticket for the select three, four, or five pool may not be sold, exchanged, or canceled after the time wagering closes in the first of the races comprising the select three, four, or five, except for refunds on select three, four, or five tickets as required by subsection (h) of this section. A person may not disclose the number of tickets sold in the select three, four, or five pool or the number or amount of tickets selecting winners of select three, four, or five races until the stewards or racing judges have determined the last race comprising the select three, four, or five to be official.", "sourceNote": "Source Note: The provisions of this §321.313 adopted to be effective November 6, 2002, 27 TexReg 10379; amended to be effective October 3, 2005, 30 TexReg 6264; amended to be effective July 16, 2007, 32 TexReg 4387; amended to be effective November 20, 2019, 44 TexReg 7047." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "125639", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.314", "label": "Superfecta" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The superfecta is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. All tickets on the superfecta shall be calculated as a separate pool.(b) A person purchasing a superfecta ticket shall select the four animals that will finish first, second, third, and fourth in one race. The pool shall be distributed only to the holders of tickets that select the same order of finish as officially posted.(c) If no superfecta ticket is sold for the winning combination, the pool shall be distributed to the holders of tickets selecting the win, place, and show finishers. If no ticket is sold combining the win, place, and show finishers, the pool shall be distributed to the holders of tickets selecting the win and place finishers. If no ticket is sold combining the win and place finishers, the pool shall be distributed to the holders of tickets selecting the winner. If less than four animals finish and the race is declared official by the stewards or racing judges, the pool shall be distributed to holders of tickets selecting the finishing animals in order, ignoring the balance of the selection.(d) In the event of a dead heat, all superfecta tickets selecting the correct order of finish, counting an animal in a dead heat as finishing in either position dead heated, shall be winning tickets. The pool shall be distributed as a place pool.(e) If an animal is scratched in a superfecta race, a superfecta ticket may not be exchanged. All tickets which include a scratched animal shall be eliminated from further participation in the superfecta pool and shall be refunded.(f) If the superfecta pool cannot otherwise be distributed in accordance with this section, the money in the superfecta pool shall be carried forward to the next consecutive superfecta pool.(g) An association shall not offer Superfecta wagering on any race placed on the official program that does not have seven or more different wagering interests unless approved by the board of stewards or judges. The board of stewards or judges may not approve a Superfecta wager in a race with fewer than six wagering interests.(h) In the event scratches after the animals leave the paddock cause the number of different wagering interests to fall below seven, or below an amount previously approved by the board of stewards or judges as outlined in subsection (g) of this section, the board of stewards or judges may order the wager to be canceled and the pool to be refunded if deemed in the interest of wagering integrity.", "sourceNote": "Source Note: The provisions of this §321.314 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective August 3, 2006, 31 TexReg 5961." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121414", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.315", "label": "Tri-Superfecta" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The tri-superfecta is not a parlay and has no connection with or relation to the win, place, or show pools on the tote board. All tickets on the tri-superfecta shall be calculated as a separate pool.(b) The tri-superfecta requires selection of the first three finishers, in exact order, in the first of two designated races. Each winning ticket for the first tri-superfecta race must be exchanged for a free ticket on the second tri-superfecta race to remain eligible for the second-half tri-superfecta pool. Such tickets may be exchanged only at designated attended ticket windows before the start of the second tri-superfecta race. Winning first-half tri-superfecta wagers will receive both an exchange and a monetary payout. Both of the designated tri-superfecta races shall be included in one tri-superfecta pool.(c) After wagering closes for the first-half of the tri-superfecta and commissions have been deducted from the pool, the net pool shall then be divided equally into two separate pools: the first-half tri-superfecta pool and the second-half tri-superfecta pool.(d) In the first tri-superfecta race only, the first-half tri-superfecta pool shall be distributed according to the following precedence, based upon the official order of finish for the first tri-superfecta race:(1) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then(2) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(3) As a single price pool to those whose combination included, in correct sequence, the first and third betting interests; but if there are no such wagers, then(4) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(5) As a single price pool to those whose combination included, in correct sequence, the second and third betting interests; but if there are no such wagers, then(6) As a single price pool to those whose combination correctly selected the second-place betting interest; but if there are no such wagers, then(7) As a single price pool to those whose combination correctly selected the third-place betting interest; but if there are no such wagers, then(8) The tri-superfecta pool shall be canceled and the entire pool shall be carried forward to the next consecutive performance and combined with that performance's second-half tri-superfecta pool.(e) If no first-half tri-superfecta ticket selects the first three finishers of that race in exact order, no exchange tickets for the second-half tri-superfecta pool will be issued and the second-half tri-superfecta pool shall be carried over and added to the tri-superfecta carryover pool.(f) A first-half tri-superfecta ticket that selects the first three finishers of that race in exact order may be exchanged for a ticket selecting the first four finishers of the second tri-superfecta race. The second-half tri-superfecta pool shall be distributed according to the following precedence, based upon the official order of finish for the second tri-superfecta race:(1) As a single price pool, including the carryover, to those whose combination finished in correct sequence as the first four betting interests; but if there are no such tickets, then(2) The second-half tri-superfecta pool for that contest shall be carried forward to the next consecutive performance and shall be combined with that performance's second-half tri-superfecta pool.(g) If a winning first-half tri-superfecta ticket is not presented for cashing and exchange before the start of the second tri-superfecta race, the ticket holder may collect the monetary value associated with the first-half tri-superfecta pool but forfeits all right to a distribution of the second-half tri-superfecta pool.(h) If fewer than six horses of different betting interests leave the paddock for the first tri-superfecta race or fewer than six greyhounds start the first tri-superfecta race, the tri-superfecta contest shall be canceled and the entire tri-superfecta pool for that performance shall be refunded.(i) Before the running of the first tri-superfecta race, if due to a scratch the second tri-superfecta race has fewer than seven horses of different betting interests or fewer than seven greyhounds of different betting interests, the tri-superfecta shall be canceled and the entire tri-superfecta pool for that performance shall be refunded.(j) After the running of the first tri-superfecta race, if due to a late scratch, the second tri-superfecta race has fewer than seven horses of different betting interests that start or has fewer than seven greyhounds of different betting interests that start, all exchange tickets and outstanding first-half winning tickets shall be entitled to the second-half tri-superfecta pool for that performance as a single price pool, but not the tri-superfecta carryover.(k) Coupled entries and mutuel fields may not be permitted in a tri-superfecta horse contest unless there are six or more betting interests and seven or more betting interests in the second race. Coupled entries or mutuel fields in a tri-superfecta race shall race as a single betting interest for the purpose of mutuel pool calculations and payout to the public.(l) If a betting interest in the first tri-superfecta race is scratched, all tri-superfecta wagers including the scratched betting interest shall be refunded.(m) If a betting interest in the second tri-superfecta race is scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided to exchange tickets that include the scratched betting interest.(n) If there is a dead heat or multiple dead heats in either the first or second tri-superfecta race, all tri-superfecta wagers selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, shall be a winner. In the case of a dead heat occurring in:(1) the first tri-superfecta race, the payout shall be calculated as a profit split; and(2) the second tri-superfecta race, the payout shall be calculated as a single price pool.(o) If either of the tri-superfecta races are canceled prior to the first tri-superfecta race, or if the first tri-superfecta race is declared \"no contest\", the entire tri-superfecta pool for that performance shall be refunded and the second-half pool shall be canceled.(p) If the second tri-superfecta race is canceled or declared \"no contest\" on a:(1) non-designated mandatory payout performance, all exchange tickets and outstanding first-half winning tri-superfecta tickets shall be entitled to the net tri-superfecta pool for that performance as a single price pool, but not the tri-superfecta carryover. If there are no such tickets, the net tri-superfecta pool shall be carried over to the next consecutive performance and combined with that performance's second-half tri-superfecta pool; and(2) designated mandatory payout performance, all exchange tickets and outstanding first-half winning tri-superfecta tickets as determined by subsection (s) of this section shall be entitled to the net tri-superfecta pool for that performance and the tri-superfecta carryover as a single price pool.(q) An association may file a written request for permission to distribute the tri-superfecta carryover on a specific performance with the executive secretary. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.(r) Distribution on Mandatory Payout.(1) Notwithstanding subsections (e) and (t) of this section, on the last performance of a race meet or a designated mandatory payout performance, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in the first tri-superfecta race in the following order:(A) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then(B) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(C) As a single price pool to those whose combination included, in correct sequence, the first and third betting interests; but if there are no such wagers, then(D) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(E) As a single price pool to those whose combination included, in correct sequence, the second and third betting interests; but if there are no such wagers, then(F) As a single price pool to those whose combination correctly selected the second-place betting interest; but if there are no such wagers, then(G) As a single price pool to those whose combination correctly selected the third-place betting interest.(2) Notwithstanding subsections (e) and (t) of this section, on the last performance of a race meeting or a designated mandatory payout performance, if there are no wagers selecting the finishers in the order described in paragraph (1) of this subsection and there is a carryover, all first-half tickets are considered winners and the tri-superfecta pool for that performance and the tri-superfecta carryover shall be distributed equally among them.(3) Notwithstanding subsections (e) and (t) of this section, on the last performance of a race meeting or a designated mandatory payout performance, if there are no wagers selecting the finishers in the order described in paragraph (1) of this subsection and there is no carryover, the tri-superfecta shall be canceled and the entire tri-superfecta pool shall be refunded.(s) Notwithstanding subsections (f) and (t) of this section, on the last performance of a race meeting or on a designated mandatory payout performance, the following precedence will be followed in determining winning tickets for the second-half of the tri-superfecta:(1) As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then(2) As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then(3) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(4) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(5) As a single price pool to those whose combination included, in correct sequence, the second-place betting interests; but if there are no such wagers, then(6) As a single price pool to those whose combination correctly selected the third-place betting interest; but if there are no such wagers, then(7) As a single price pool to those whose combination correctly selected the fourth-place betting interest; but if there are no such wagers, then(8) As a single price pool to holders of valid exchange tickets; but if there are no such persons, then(9) As a single price pool to holders of outstanding first-half winning tickets.(t) Cap on Carryover.(1) The tri-superfecta carryover may be capped at a designated level approved by the executive secretary so that if, at the close of any performance, the amount in the tri-superfecta carryover equals or exceeds the designated cap, the tri-superfecta carryover will be frozen until it is won or distributed under other provisions of this section. After the tri-superfecta carryover is frozen, 50% of the tri-superfecta pool shall be distributed to winners of the first tri-superfecta contest using the following precedence:(A) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then(B) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(C) As a single price pool to those whose combination included, in correct sequence, the first and third betting interests; but if there are no such wagers, then(D) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(E) As a single price pool to those whose combination included, in correct sequence, the second and third betting interests; but if there are no such wagers, then(F) As a single price pool to those whose combination correctly selected the second-place betting interest; but if there are no such wagers, then(G) As a single price pool to those whose combination correctly selected the third-place betting interest; but if there are no such wagers, then(H) the tri-superfecta shall be canceled and the entire tri-superfecta pool for that performance shall be refunded.(2) After the tri-superfecta carryover is frozen, exchange tickets will be issued for winning tickets of the first half of the tri-superfecta pool as determined in paragraph (1) of this subsection. The second-half tri-superfecta pool shall be distributed according to the following precedence, based upon the official order of finish for the second tri-superfecta race:(A) As a single price pool, including the carryover, to those who received an exchange ticket under paragraph (1)(A) of this subsection, and whose combination finished in correct sequence as the first four betting interests of the second leg of the tri-superfecta pool; but if there are no such tickets, then(B) Fifty percent (50%) of the tri-superfecta pool for that performance only shall be distributed in the following precedence:(i) As a single price pool to those whose combination include, in correct sequence, the first four betting interests of the second leg of the tri-superfecta pool; but if there are no such wagers, then(ii) As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then(iii) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then(iv) As a single price pool to those whose combination correctly selected the first-place betting interest; but if there are no such wagers, then(v) As a single price pool to those whose combination included, in correct sequence, the second-place betting interests; but if there are no such wagers, then(vi) As a single price pool to those whose combination correctly selected the third-place betting interest; but if there are no such wagers, then(vii) As a single price pool to those whose combination correctly selected the fourth-place betting interest; but if there are no such wagers, then(viii) As a single price pool to holders of valid exchange tickets; but if there are no such persons, then(ix) As a single price pool to holders of outstanding first-half winning tickets.(u) The tri-superfecta carryover shall be designated for mandatory payout on a specified date and performance only under the following circumstances:(1) on written approval from the executive secretary as provided in subsection (q) of this section;(2) on written approval from the executive secretary when there is a change in the carryover cap or when the tri-superfecta is discontinued; and(3) on the last performance of the race meeting.(v) If the tri-superfecta carryover must be held over to the corresponding tri-superfecta pool of a subsequent race meeting, the carryover shall be deposited in an interest-bearing account approved by the executive secretary. The tri-superfecta carryover plus accrued interest shall be carried forward and added to the second-half tri-superfecta pool of the following race meeting on a date and performance designated by the executive secretary.(w) The association must obtain written approval from the executive secretary concerning the scheduling and the amount of the cap to be set on the carryover. Any changes to the approved tri-superfecta format require prior approval from the executive secretary.", "sourceNote": "Source Note: The provisions of this §321.315 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective January 1, 2002, 26 TexReg 10534; amended to be effective October 3, 2005, 30 TexReg 6264." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85942", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.316", "label": "Odd-Even" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85943", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The odd-even is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. The odd-even is a separate pool and shall be calculated as a win pool.(b) A person purchasing an odd-even ticket shall designate \"odd\" or \"even\". An \"odd\" ticket represents a wager on each race animal with an odd number as listed in the official program. An \"even\" ticket represents a wager on each race animal with an even number as listed in the official program.(c) If the race animal finishing first has an odd program number, the odd-even pool shall be distributed to the holders of tickets designating odd. If the race animal finishing first has an even program number, the odd-even pool shall be distributed to the holders of tickets designating even.(d) Except as otherwise provided by this subsection, if after wagering has begun an animal entered in an odd-even race is scratched or otherwise prevented from racing, there will be no refund. The association, with the approval of the stewards or racing judges, may cancel the odd-even pool and refund all money in the pool if there are less than three odd program number race animals or less than three even program number race animals participating in a race.(e) Except as otherwise provided in this subsection, if a race ends in a dead heat for first place between a race animal with an odd program number and a race animal with an even program number, the program number of the third place finishing animal will determine the winners of the odd-even pool. If there is a dead heat for third place between a race animal with an odd program number and a race animal with an even program number, the program number of the fifth place finishing animal will determine the winners of the odd-even pool. If a race ends a dead heat for first place between three race animals, the type of program number of the majority of the animals involved in the dead heat will determine the winners of the odd-even pool.", "sourceNote": "Source Note: The provisions of this §321.316 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85943", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.317", "label": "Prevention of Start" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195717", "queryAsDate": "03/11/2026" }, "ruleBody": "Except as otherwise provided by these rules, if a door in a starting gate or box fails to open simultaneously with the other doors, thereby preventing a horse or greyhound from obtaining a fair start when the starter dispatches the field, that animal is considered scratched for pari-mutuel purposes only and all wagers made on that animal shall be refunded.", "sourceNote": "Source Note: The provisions of this §321.317 adopted to be effective April 1, 2001, 26 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195717", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.318", "label": "Special Wager" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195720", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Special wager authorized.(1) Subject to the prior approval of the Commission, an association may offer a special wager in any form of wager authorized by the Rules. All applicable laws and rules that apply to the form of wager selected for the special wager apply to the special wager.(2) A special wager must be based on the outcome of a race or races and comply with the definition of pari-mutuel wagering as defined by the Act, §2021.003. The wager must be based on the performance of a specific race animal or animals in a race or races.(3) All tickets on a special wager shall be calculated as a separate pool. If a special wager uses a point system to determine the winning tickets, the stewards or racing judges are responsible for certifying the accuracy of the point totals for purposes of payoff calculations and pool distribution. The use of any point system must be based on objective criteria.(b) Approval of special wager.(1) To offer a special wager, an association must file a written request with the executive secretary. The request must be filed no later than the 30th day before the day on which the Commission is to consider the request.(2) The request must state:(A) the name of the wager;(B) the type of wagering pool to be used;(C) the method by which winning tickets will be determined; and(D) the method for addressing dead heats, no contest races, scratches, jockey changes, coupled entries, prevention of start, and disqualifications.(3) After reviewing the request, the executive secretary may request additional information regarding the special wager.(4) If the Commission determines the proposed special wager will be offered in a manner that complies with the Rules and that is consistent with maintaining the integrity of pari-mutuel wagering, the Commission may approve the request. The Commission may place reasonable conditions on the approval of the special wager. The Commission has sole discretion to approve or disapprove requests for special wagers.(5) The executive secretary shall notify the association of the Commission's decision regarding the request no later than the fifth day after the Commission's decision.(6) Approval of a special wager is perpetual, unless the association proposes to change the method by which winning tickets will be determined or the method for addressing dead heats, no contest races, scratches, jockey changes, coupled entries, prevention of start, and disqualifications. In that instance, the association must obtain approval for the changes in the special wager.(c) Notice of special wager.(1) An association shall publish notice of a special wager that is approved in its program at least 14 days before the first day the special wager will be offered. If the wager is to be offered during the first 14 days of a live race meeting, the association shall publish notice of the special wager in the program for every race day in the race meeting before the day the special wager is to be offered.(2) The association shall post in a prominent place in the grandstand of the racetrack a full description of the special wager, including all information described in Subsection (b)(2) of this section and any conditions imposed by the Commission.", "sourceNote": "Source Note: The provisions of this §321.318 adopted to be effective April 1, 2001, 26 TexReg 2160; amended to be effective November 6, 2002, 27 TexReg 10380; amended to be effective July 1, 2019, 44 TexReg 3262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195720", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.320", "label": "Super Hi-Five" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205790", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The super hi-five is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. All tickets on the super hi-five shall be calculated as a separate pool.(b) A person purchasing a super hi-five ticket shall select the five animals that will finish first, second, third, fourth, and fifth in one race. The pool shall be distributed only to the holders of tickets who select the same order of finish as officially posted.(c) If no super hi-five ticket is sold for the winning combination, then the net pool shall be carried over and paid out in the following manner:(1) The entire pool shall be carried over and made available on the next consecutive super hi-five pool, and is combined with and added to the net pool for such qualifying pool, and made available for payout, or(2) An association can, at its option, offer a consolation pool equal to 25% of the net pool. The offering of a consolation pool shall be announced at least 72 hours in advance of the first day upon which a consolation pool will be offered, and shall be publicized. Notice of the consolation pool may be announced, by way of example, via press release, internet, simulcast signal, and on-track announcements.(3) If there are no ticket holders who selected first-place, second-place, third-place, fourth-place, and fifth-place finishers in order and a consolation pool is offered, then a consolation pool shall be established. The consolation pool shall be distributed as a single price pool among those ticket holders and paid out as follows:(A) To those who selected first-place, second-place, third-place, and fourth-place finishers in order. If there are no such wagers, then(B) To those who selected first-place, second-place, and third-place finishers in order. If there are no such wagers, then(C) To those who selected first-place and second-place finishers in order. If there are no such wagers, then(D) To those who selected the first-place finishers.(E) If the super hi-five pool cannot otherwise be distributed in accordance with this section, the money in the super hi-five consolation pool shall be carried forward to the next consecutive super hi-five pool.(d) Unique winning wager option.(1) Unique winning wager, as used in this subsection, shall be defined as having occurred when there is one and only one winning wager whose combination finished in correct sequence as the first five betting interests based upon the official order of finish and is equal to the minimum allowable wager. In the event that there is more than one winning wager whose combination finished in correct sequence as the first five betting interests, a unique winning wager shall be deemed to not have occurred.(2) If an association elects to offer the unique winning wager option, the net super hi-five pool shall be distributed to winning wagers in the following order of precedence, based on the official order of finish:(A) as a single price pool, including any applicable carryover, to the holder of a unique winning wager whose combination finished in correct sequence as the first five betting interests, but if there is no such unique winning wager, then(B) the net pool shall be divided into two separate pools. The major pool of the net pool shall be paid as a carryover into the next regularly scheduled super hi-five pool. The remaining minor pool shall be paid as a super hi-five consolation pool, which shall be equally divided among those wager holders who correctly select the first five interests in order, but if there are no such wagers, then(C) the entire net pool shall be carried over into the next regularly scheduled super hi-five pool.(3) The association shall specify the minimum monetary amount of a unique winning wager with prior approval of the executive secretary.(4) Prior to the start of the race meet, the association shall specify the percentages for a major and minor pool with prior approval of the executive secretary.(5) A written request to distribute the super hi-five pool plus any carryover on a specific date and performance may be submitted by the association to the executive secretary for approval. The request must be for a specified date no greater than one year from the date the request is submitted and contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution. Should the super hi-five net pool and any applicable carryover be designated for distribution on a specified date and performance in which there is no unique winning wager, the entire pool shall be distributed using the method described in subsection (i) of this section.(6) Unless otherwise stated in writing by the Commission under paragraph (5) of this subsection, on the last super hi-five race on the final day of the meeting, the net pool, including any applicable carryover, shall be distributed using the method described in subsection (i) of this section.(e) The minimum number of wagering interests required to offer super hi-five wagering in a race shall be seven actual starters. If scratches cause the number of horses in a race to fall below seven, then the super hi-five pool for that race shall be canceled.(f) Super hi-five wagers on races in which wagering has been canceled or the race declared no contest shall be refunded. Any carryover pool added to the net pool of a super hi-five race which is canceled shall carry forward to be added to the next consecutive super hi-five wagering pool.(g) If fewer than five animals finish and the race is declared official by the stewards or judges, payout shall be made to ticket holders selecting the finishing animals in order of finish as provided above, disregarding any selections beyond the number of betting interests.(h) In the event of a dead heat in any finishing position, the wagers shall be paid as follows:(1) all wagers selecting either of the dead-heat positions with the correct non-dead-heat position shall be winners and share in the pool; and(2) payouts will be calculated by splitting the pool equally between each winning combination, then dividing split pools by the number of winning tickets. A dead heat will produce separate and distinct payouts respective to each winning combination.(i) If on the final day of a race meeting or on a designated mandatory payout date the pool has not been distributed under subsection (b), (c), or (d) of this section, then the net pool for that performance plus any carryover from previous performances shall be paid out in the following manner:(1) To those who selected first-place, second-place, third-place, and fourth-place finishers in order. If there are no such wagers, then(2) To those who selected first-place, second-place, and third-place finishers in order. If there are no such wagers, then(3) To those who selected first-place and second-place finishers in order. If there are no such wagers, then(4) To those who selected the first-place finisher.(j) If the final or designated mandatory payoff performance is canceled or the pool has not been distributed under subsection (i) of this section, the pool shall be deposited in an interest-bearing account approved by the executive secretary. The pool plus all accrued interest shall then be carried over and added to a super hi-five pari-mutuel pool in a subsequent race meeting within the following twelve months, on a date and performance designated by the association with the approval of the executive secretary. The designation of the date and performance must be made prior to the start of the association's next live racing meet.(k) If an animal is scratched or declared a nonstarter, no further tickets may be issued designating such animal and all super hi-five tickets previously issued designating such animal shall be refunded and the money deducted from the gross super hi-five pool.(l) For purposes of statutory deductions and commissions, the net amount does not include any amounts carried over from any previous super hi-five pool.(m) The association may select a distinctive name for the super hi-five, with prior approval of the executive secretary.", "sourceNote": "Source Note: The provisions of this §321.320 adopted to be effective March 28, 2011, 36 TexReg 1981; amended to be effective January 10, 2013, 38 TexReg 244; amended to be effective March 7, 2018, 43 TexReg 1266; amended to be effective February 18, 2019, 44 TexReg 704; amended to be effective July 1, 2019, 44 TexReg 3263." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205790", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.321", "label": "Fortune Pick (n)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The fortune pick (n) wager is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. All tickets on the fortune pick (n) shall be calculated as a separate pool.(b) The fortune pick (n) pari-mutuel pool consists of amounts contributed for a selection to win only in each of six, seven, eight, nine, or 10races designated by the association. After designating the number of races comprising the fortune pick (n), the association may not change the number during a race meeting without prior written approval of the executive director.(c) Unique winning wager, as used in this section, shall be defined as having occurred when the total amount wagered on a winning combination selecting the first place finisher in each of the selected fortune pick (n) contests, based upon the official order of finish, is equal to the minimum allowable wager.(d) Unique winning ticket, as used in this section, shall be defined as having occurred when there is one and only one ticket that correctly selected the first place finisher in each of the selected fortune pick (n) contests, based on the official order of finish, to be verified by the unique serial number assigned by the totalisator system that issued the winning ticket.(e) A person purchasing a fortune pick (n) ticket shall designate the winning animal in each of the races comprising the fortune pick (n). The association shall issue to the purchaser of a fortune pick (n) ticket a ticket that reflects each of the purchaser's selections.(f) A fortune pick (n) ticket is a contract between the holder of the ticket and the association and the ticket constitutes acceptance of this section. The association, totalisator company, and the State of Texas are not liable to a person for a fortune pick (n) ticket that is not a winning ticket under this section or for a fortune pick (n) ticket that is not delivered.(g) A coupled entry or mutuel field in a race that is part of the fortunate pick (n) races shall race as a single betting interest for the purpose of mutuel pool calculations and payoffs to the public.(h) The fortune pick (n) pool shall be distributed as provided by this section. The net pool in the fortune pick (n) pool is divided into a major pool and a minor pool. The association may designate the major pool percentage of the net amount wagered on the fortune pick (n). The remaining percentage constitutes the minor pool. The association shall notify the executive director in writing before the beginning of each race meeting of its designation regarding the division between the major and minor pools. After designating the division between the major and minor pools, an association may not change the division during a race meeting without prior written approval of the executive director.(i) Prior to the start of a race meet at which an association will offer a fortune pick (n) wager, the association shall notify the executive director of its election to require a unique winning wager or a unique winning ticket, along with any specifics within that option for which it seeks approval. The association may not change fortune pick (n) options for the meet once testing has been performed based on those selections.(j) The entire net fortune pick (n) pool and carryover, if any, shall be distributed to the holder of a unique winning wager or unique winning ticket, as appropriate depending on the association's election in subsection (i) of this section. If there is no unique winning wager or unique winning ticket, as appropriate based on the association's election, the minor share of the net fortune pick (n) pool shall, at the discretion of the association and with the prior approval of the executive director, be distributed either as a single price pool to those who selected the first place finisher in the greatest number of fortune pick (n) contests or as a single price pool to those who selected the first-place finisher in all of the pick (n) contests, based on the official order of finish, and the major share shall be added to the carryover.(k) If the fortune pick (n) minor pool cannot be distributed in accordance with subsection (j) of this section, the minor pool shall be combined with the major pool and added to the previous day's carryover. The entire pool plus carryover shall be carried forward to the next fortune pick (n) pool.(l) If the association elects to designate the major pool at one hundred percent (100%) and the minor pool at zero percent (0%), the entire net fortune pick (n) pool and carryover, if any, shall be distributed to the holder of a unique winning wager or unique winning ticket, as appropriate based on the association's election in subsection (i) of this section. If there is no unique winning wager or unique winning ticket, as appropriate, the entire pool shall be combined with the previous day's carryover. The entire pool plus carryover shall be carried forward to the next fortune pick (n) pool.(m) If there is a dead heat for first in any of the fortune pick (n) contests involving:(1) contestants representing the same betting interest, the fortune pick (n) pool shall be distributed as if no dead heat occurred.(2) contestants representing two or more betting interests, the fortune pick (n) pool shall be distributed as a single price pool with each unique winning wager receiving an equal share of the profit.(n) Should a betting interest in any of the fortune pick (n) contests be scratched, excused, or determined to be a non-starter, the actual favorite, as shown by the largest amount wagered in the win pool at the time of the start of the race, will be substituted for the non-starting selection for all purposes, including pool calculations and payoffs. If there are two or more favorites in the win pool, both favorites will be substituted for the non-starting selection.(o) Except as otherwise provided by this subsection, if one or more races in the fortune pick (n) are canceled or declared a \"no race\", the amount contributed to the major pool for that performance shall be added to the minor pool for that performance and distributed as an extra amount in the minor pool to the holders of the tickets that designate the most winners in the remaining races. All contributions to the major pool from prior performances shall remain in the major pool, to be carried forward to the next performance to be paid in the major pool for that performance. If the stewards or racing judges cancel or declare a \"no race\" in three or more of the races comprising a fortune pick six, seven, or eight, four or more of the races comprising the fortune pick nine, or five or more of the races comprising the fortune pick 10, the fortune pick (n) is canceled and the association shall refund all fortune pick (n) tickets. A person may not win the major pool unless the person holds a fortune pick (n) ticket that correctly designates the official winners of all the scheduled races comprising the fortune pick (n) for that performance unless it is on the last performance of the race meeting or a designated mandatory payout performance. On the last performance of a race meeting or on a designated mandatory payout performance, if one or more races comprising the fortune pick (n) is canceled or declared a \"no race\", the major pool and the minor pool for that performance shall be combined with the prior performance major pool and be paid to those holders of tickets who correctly designated the most winners of the remaining races of the fortune pick (n). If on the last performance of the race meeting or on a designated mandatory payout performance the major pool and the minor pool cannot be distributed in accordance with this subsection, then the major and minor pool shall be handled in accordance with subsection (q) of the section.(p) When the condition of the turf course warrants a change of racing surface in any of the races open to fortune pick (n) wagering, and such change has not been made known to the betting public prior to the close of wagering for the first fortune pick (n) race, the Stewards shall declare the changed races a \"no contest\" for fortune pick (n) wagering purposes and the pool shall be distributed in accordance with subsection (n) of this section. Following the designation of a race as a \"no contest\", no tickets shall be sold selecting a horse in such \"no contest\" race.(q) If on the last performance of the race meeting or on a designated mandatory payout performance the major pool is not distributable under any previous subsection of this section, the major pool and all money carried forward into that pool from previous performances shall be combined with the minor pool and distributed to the holders of tickets correctly designating the most winners of the races comprising the fortune pick (n) for that performance.(r) If the final or designated mandatory payoff performance is canceled or the pool has not been distributed in accordance with this section, the pool shall be deposited in an interest-bearing account approved by the executive director. The pool plus all accrued interest shall then be carried over and added to a fortune pick (n) pool with the same number of (n) contests in a subsequent race meeting within the following twelve months, on a date and performance designated by the association with the approval of the executive director. The designation of the date and performance must be made prior to the start of the association's next live racing meet.(s) Except for refunds required by this section, a fortune pick (n) ticket may not be sold, exchanged, or canceled after the close of wagering on the first of the fortune pick (n) races.(t) A person may not disclose the number of tickets sold in the fortune pick (n) pool or the number or amount of tickets selecting winners of the races comprising the fortune pick (n) until the results of the last race comprising the fortune pick (n) are official. The totalisator equipment shall be programmed or constructed to suppress the publication or printing of any such information, except the total number of dollars wagered in the fortune pick (n), until the results of the last race comprising the fortune pick (n) are official.", "sourceNote": "Source Note: The provisions of this §321.321 adopted to be effective effective March 28, 2011, 36 TexReg 1981; amended to be effective January 10, 2013, 38 TexReg 244; amended to be effective April 8, 2019, 44 TexReg 1717; amended to be effective August 17, 2021, 46 TexReg 5016." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174252", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "C", "label": "REGULATION OF LIVE WAGERING" }, "rule": { "number": "§321.322", "label": "Triple Trifecta" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Triple Trifecta wager is not a parlay and has no connection with or relation to the win, place, and show pools shown on the tote board. All tickets on the Triple Trifecta wager shall be calculated as a separate pool.(b) The association may select a distinctive name for the Triple Trifecta wager, with the prior written approval of the executive secretary.(c) A Triple Trifecta wager is a contract between the holder of the ticket and the association and the ticket constitutes acceptance of this section. The association, totalisator company and the State of Texas are not liable to a person for a Triple Trifecta wager ticket that is not a winning ticket under this section or for a Triple Trifecta wager ticket that is not delivered.(d) The Triple Trifecta wager requires the selection of the first three finishers, in exact order, in each of three consecutive designated contests. Payment of the ticket may be made only to the purchaser who has selected the qualifying finishers in three designated races.(e) A coupled entry or mutuel field in a race that is part of the Triple Trifecta races shall race as a single betting interest for the purpose of mutuel pool calculations and payoffs to the public.(f) The association must obtain written approval from the executive secretary concerning the scheduling of the Triple Trifecta contests and the designation of qualifying races. Any change to the Triple Trifecta requires prior written approval from the executive secretary and the association.(g) If no Triple Trifecta ticket is sold for the winning combination, then 100% of the net pool shall be carried over and made available on the next consecutive Triple Trifecta pool and shall be combined with and added to the net pool for such qualifying pool, and made available for payout.(h) Except for refunds required by this section, a Triple Trifecta wager ticket may not be sold, exchanged, or canceled after the close of wagering on the first of the Triple Trifecta wager races.(i) Dead heats. For the purposes of determining whether a Triple Trifecta wager correctly selected the finishers in exact position, animals in a dead heat are deemed to jointly occupy both or all positions in the dead heat. For calculation purposes, the Triple Trifecta will be calculated as a place pool.(j) The minimum number of wagering interests required to offer Triple Trifecta wagering shall be six wagering interests in each of the Triple Trifecta races. If one of the legs of the Triple Trifecta scratches to less than six wagering interests then all wagers, less any carryover, shall be refunded.(k) If after wagering has begun an animal entered in a Triple Trifecta race is scratched or otherwise prevented from racing, all money wagered on the affected animal shall be deducted from the Triple Trifecta pool and refunded to the holders of tickets on the affected animal.(l) Canceled contests. If any of the Triple Trifecta contests are canceled or declared no contest, that Triple Trifecta pool, less any carryover, shall be refunded.(m) If on the final day of a race meeting or on a designated mandatory payout date the Triple Trifecta pool has not been distributed under this section, then the net pool for that performance plus any carryover from previous performances shall be paid out in the following manner:(1) To those who correctly selected two of three trifectas in the Triple Trifecta races. If there are no such wagers, then(2) To those who correctly selected one of three trifectas in the Triple Trifecta races. If there are no such wagers, then(3) As a single price pool to holders of Triple Trifecta wagers.(n) If the final or designated mandatory payoff performance is canceled or the pool has not been distributed under subsection (m) of this section the pool shall be deposited in an interest-bearing account approved by the executive secretary. The pool plus all accrued interest shall then be carried over and added to the Triple Trifecta pari-mutuel pool in the following race meeting on a date and performance designated by the association with the approval of the executive secretary.", "sourceNote": "Source Note: The provisions of this §321.322 adopted to be effective November 2, 2015, 40 TexReg 7669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85947", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.401", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85948", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission finds that, although wagering on simulcast races provides additional revenue for the state treasury, the primary advantage of wagering on simulcast races is the additional revenue it provides for purses for live races conducted in this state. The Commission further finds it is in the public interest to encourage live racing, which promotes economic development in a variety of racing-related industries. Therefore, it is the Commission's intent to adopt and enforce rules relating to simulcast wagering in a manner that will encourage live racing and enhance the horse breeding, owning, and training industries and the greyhound breeding, owning, and training industries.", "sourceNote": "Source Note: The provisions of this §321.401 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85948", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.403", "label": "Simulcasting License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license to operate a pari-mutuel racetrack in this state held by an association that has been granted live race dates includes as a part of its privileges the privilege of conducting pari-mutuel wagering on simulcast races and to simulcast races conducted by the association. The conducting of pari-mutuel wagering on simulcast races and the simulcasting of races conducted by the association is subject to the approval of the executive secretary.(b) The approval of any particular simulcasting or wagering on particular simulcast races or programs is not binding on the executive secretary for other requests for approval of simulcasting or wagering on simulcast races or programs.", "sourceNote": "Source Note: The provisions of this §321.403 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85949", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.405", "label": "Approval Of Exporting Simulcast Races" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154043", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association that wishes to serve as an exporting racetrack shall submit the form of its contract as an exporting racetrack to the executive secretary for approval.(b) If the association changes the form of the contract, the association shall submit the changed version of the form to the executive secretary for approval.(c) If an association enters into a contract as an exporting racetrack that differs from the form approved by the executive secretary with respect to its responsibilities as a host racetrack under these rules, the association shall immediately notify the executive secretary in writing.(d) After the association has entered into a contract to export its races, the association shall file a request for approval of the export to the executive secretary on a form prescribed by the executive secretary. A request for approval to export must be filed before post time of the first race covered by the request.", "sourceNote": "Source Note: The provisions of this §321.405 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154043", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.407", "label": "Approval of Wagering on Simulcast Import Races" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85951", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To receive approval to conduct pari-mutuel wagering on a simulcast import, an association must file a request for approval to import to the executive secretary on a form prescribed by the executive secretary. A request for approval to import a simulcast must be filed at least one day before the first simulcast race covered by the request.(b) The executive secretary may approve a request for approval to import a simulcast, subject to rescission of the approval by the Commission at its next regular meeting.(c) The executive secretary may require the association to submit additional information if the executive secretary determines the additional information is necessary to effectively evaluate the request.(d) In considering whether or not to approve a request for approval to import a simulcast, the executive secretary shall consider:(1) the financial stability of the association and the effect simulcasting will have on the economic viability of the association;(2) the operating experience of the association;(3) the regulatory compliance and conduct of the association;(4) the impact of the association's proposed simulcasting on purses at the association's racetrack; and(5) the public interest that will be served by the simulcasting.(e) An association may not conduct pari-mutuel wagering on a simulcast import in place of a regularly scheduled live race, except as authorized by the executive secretary.(f) For the purposes of this section, a simulcast import horse race can be a race of Thoroughbreds, Quarter Horses, Arabians, Paint Horses, Appaloosas, Standardbreds, or a mixture of the aforementioned breeds of horses.", "sourceNote": "Source Note: The provisions of this §321.407 adopted to be effective April 1, 2001, 26 TexReg 2161; amended to be effective March 20, 2008, 33 TexReg 2311; amended to be effective December 8, 2011, 36 TexReg 8372." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85951", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.409", "label": "Simulcasting Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85952", "queryAsDate": "03/11/2026" }, "ruleBody": "All contracts executed by an association regarding simulcasting are subject to inspection by the executive secretary. An association shall maintain each contract regarding simulcasting for at least one year after the end of the term of the contract. An association must provide a copy of the contract to the executive secretary on request.", "sourceNote": "Source Note: The provisions of this §321.409 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85952", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.411", "label": "Public Address System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217140", "queryAsDate": "03/11/2026" }, "ruleBody": "An association that conducts pari-mutuel wagering on a simulcast import must have a public address system in place that is:(1) accessible to the mutuel manager from the mutuel department work area; and(2) capable of being heard in all areas where the patrons may view a simulcast race.", "sourceNote": "Source Note: The provisions of this §321.411 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217140", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.413", "label": "Duties Of Guest Racetrack" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85954", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association that conducts pari-mutuel wagering on a simulcast import acts as a guest racetrack on those dates. The guest racetrack shall:(1) provide adequate communication facilities, enabling pari-mutuel data transmissions and data communications between totalisator systems of the host racetrack and the guest racetrack;(2) if the guest racetrack participates in common pools, provide a direct telephone line and a facsimile machine, or other means approved by the executive director, located in the mutuel area to transmit information to the host racetrack in case of a system failure; and(3) display the audio and video signals of the races being simulcast to the patrons, unless the patrons otherwise have access to the program and race information for the simulcast races available within the racetrack's enclosure.(b) After each simulcast performance, the guest racetrack shall provide the reports of its parimutuel operations required by Subchapters A and B of this chapter.", "sourceNote": "Source Note: The provisions of this §321.413 adopted to be effective April 1, 2001, 26 TexReg 2161; amended to be effective March 27, 2024, 49 TexReg 1915." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85954", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.415", "label": "Duties Of Host Racetrack" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217141", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association that exports races conducted by the association acts as a host racetrack on the dates the races are conducted and exported.(b) A host racetrack is responsible for the content of the simulcast and shall use reasonable effort to present a simulcast which offers the viewers an exemplary depiction of the performance, a periodic display of wagering information, and continuity of programming between racing events.(c) The host racetrack shall provide transmission equipment of acceptable broadcast quality that does not interfere with the closed circuit TV system of the guest racetrack. The host racetrack must transmit and receive wagering information via a data circuit. If the host racetrack plans to form common pools, the racetrack shall provide a direct telephone line and a facsimile machine, or other means approved by the executive secretary, located in the mutuel area to receive information from the guest racetracks in case of a system failure.(d) Unless otherwise permitted by the executive secretary, a simulcast must contain in its video content:(1) the date;(2) a digital display of the actual time of day at the host racetrack;(3) the name of the host racetrack;(4) the number of the race being displayed; and(5) any other relevant information available to patrons at the host racetrack.(e) At least 15 minutes before post time for the first race, the host racetrack must be transmitting its signal to ensure proper operation of the transmission system.", "sourceNote": "Source Note: The provisions of this §321.415 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217141", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.417", "label": "Emergency Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85946", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an association is unable to establish or to maintain the audio or video signal from a host racetrack of any races for which the association is displaying the audio and video signal, the association shall immediately notify the host racetrack of the lost signal and may continue to accept wagers for four hours while attempting to establish the signal.(b) If after four hours the audio or video signal cannot be established the association may continue to accept wagers on the signal provided:(1) the mutuel manager makes an announcement to the public informing them that due to technical difficulties the audio or video signal has been lost;(2) the association transmits the odds on the affected race to the video department to be displayed to the patrons; and(3) the totalisator operator locks all wagering on the affected race at zero minutes to post to ensure the integrity and transfer of the wagering pools.(c) If the host racetrack loses the ability to transmit the audio or video signal, the host racetrack:(1) shall notify all guest racetracks of the technical difficulties being experienced;(2) may continue to accept wagers from the guest racetracks on that day's races; and(3) may not accept wagers from the guest racetracks for subsequent race days until the technical difficulties have been corrected.", "sourceNote": "Source Note: The provisions of this §321.417 adopted to be effective April 1, 2001, 26 TexReg 2161; amended to be effective March 28, 2011, 36 TexReg 1981; amended to be effective March 27, 2024, 49 TexReg 1916." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85946", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.419", "label": "Simulcasting Officials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85899", "queryAsDate": "03/11/2026" }, "ruleBody": "The mutuel manager shall be present on association grounds at all times that the association is conducting pari-mutuel wagers on a simulcast import. The mutuel manager shall:(1) before wagering is opened, proof the pools and entries available for wagering for accuracy;(2) advise the wagering public via the public address system of all matters required to be announced by the Rules;(3) make decisions on common pooling issues;(4) be responsible for the integrity of the pools wagered at the association's racetrack facilities; and(5) notify the pari-mutuel auditor of any problems occurring during simulcast wagering.", "sourceNote": "Source Note: The provisions of this §321.419 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85899", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.421", "label": "Stop Betting Command" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The totalisator operator shall ensure the auto-lock feature on the totalisator system is engaged at all times the totalisator system is operating. If the stop betting command from a host racetrack is not received, the totalisator operator shall issue the \"stop betting\" command and lock all wagering on the race at that location.(b) The association's mutuel manager and the totalisator operator are responsible for ensuring that all wagering stops at that location when the \"stop betting\" command is issued from the host racetrack.(c) If the link between the totalisator systems at the host and guest racetracks is lost, the totalisator operator at the guest racetrack shall lock all pools at the guest racetrack at zero minutes to post.(d) An association may not permit a wager to be accepted or a ticket to be cancelled after the \"stop betting\" command has been issued.(e) If a wager is accepted after the \"stop betting\" command has been issued:(1) the mutuel manager, before the race is declared official, shall inform the pari-mutuel auditor that a wager was accepted after the \"stop betting\" command was issued; and(2) the mutuel manager shall decide to either:(A) refund the wagers accepted after the \"stop betting\" command was issued, or(B) to refund all the wagers made on the race.(f) A wager accepted after the \"stop betting\" command is issued is not considered a valid wager.", "sourceNote": "Source Note: The provisions of this §321.421 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85900", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.451", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85887", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) With the prior approval of the executive secretary, pari-mutuel pools offered by an association that is participating in a simulcast may be combined with corresponding wagering pools offered by the other racetracks participating in the simulcast to form a common pool.(b) An association participating in a common pool must include in the simulcast contract:(1) the take out rates;(2) public payout rates;(3) contact names and phone numbers; and(4) settlement arrangements for liabilities incurred.(c) The content and format of the visual display of racing and wagering information at facilities in other racing jurisdictions in the interstate common pools need not be identical to the information required to be displayed under the Rules.", "sourceNote": "Source Note: The provisions of this §321.451 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85887", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.453", "label": "Formation Of Common Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85888", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An association shall transmit wagering data through a method authorized by this subsection, in the following order of preference:(1) via a data circuit or frame relay;(2) via facsimile; or(3) by voice.(b) Except as otherwise provided by this subsection, the odds and prices for a common pool shall be calculated in accordance with the laws and rules of the jurisdiction in which the host racetrack is located. In determining the amount distributable to the wagerers, the total takeout required in the jurisdiction in which the host racetrack is located shall be used. If the association desires, the association may use the net pool pricing method for determining the payoff prices.(c) An association shall ensure that the necessary records are maintained regarding the amounts wagered at its racetrack for accounting, auditing, and reporting purposes.", "sourceNote": "Source Note: The provisions of this §321.453 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85888", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.455", "label": "Distribution Of Common Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85889", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of pool calculations, a wager is considered made at the place at which the pool originates.(b) The payoff attributable to the association shall be based on the actual winnings indicated by the totalisator system.(c) The total takeout applicable to the wagers received in this state for a common pool shall be distributed in accordance with the Act. A gain or loss caused by a difference in takeout totals shall be part of the association's revenue or expense from the interstate simulcast.(d) A surcharge or other withholding other than the takeout authorized by law shall be applied only in the jurisdiction imposing the surcharge or withholding.", "sourceNote": "Source Note: The provisions of this §321.455 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85889", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.457", "label": "Breakage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85890", "queryAsDate": "03/11/2026" }, "ruleBody": "Breakage calculation is determined by the host racetrack.", "sourceNote": "Source Note: The provisions of this §321.457 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85890", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.459", "label": "Manual Merge" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "120402", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the guest racetrack's totalisator system fails to adequately transmit wagering data to the host racetrack, the host racetrack shall manually merge the pools if a manual merge will not endanger the pools at the host racetrack and the host racetrack permits a manual merge.(b) To merge the pools manually, the guest racetrack's mutuel manager shall send the host racetrack a facsimile containing the total amount in the pool, the total dollars on winning wagers, and the total dollars on losing wagers. When the manual merge is complete, for purposes of declaring the race official, the totalisator operator at the host racetrack shall notify:(1) the stewards or racing judges at the host racetrack; and(2) the presiding steward or racing judge, or the highest ranking mutuel official if the steward or judge is not on the grounds, at the guest racetrack.", "sourceNote": "Source Note: The provisions of this §321.459 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "120402", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.461", "label": "Failure To Merge" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85892", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this section, if it becomes impossible to successfully merge a guest racetrack's wagers in the common pool via data circuit or manual merge, the mutuel manager shall:(1) refund the pools not successfully merged after announcing to the public that the pools were not merged successfully and the pools will be refunded; or(2) pay the winning wagerers based on the prices established at the host racetrack.(b) The mutuel manager shall report the failure to merge any common pool to the pari-mutuel auditor. The report must be on a form prescribed by the executive secretary and be filed no later than the day after the date the common pool failed to merge.(c) A contract for common pools entered into by an association as a host racetrack must contain a provision stating that the association is not liable if a guest racetrack's wagers are not accepted into a common pool if:(1) it becomes impossible to successfully merge the wagers placed in another state in the common pool; or(2) the mutuel manager determines that attempting to transfer pool data from the guest racetrack will endanger the common pool.", "sourceNote": "Source Note: The provisions of this §321.461 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85892", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.501", "label": "Negotiation With Horsemen" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195718", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by this subsection, an association shall negotiate with the officially recognized horsemen's organization in this state regarding all simulcasting. An association and the officially recognized horsemen's organization may not agree to an allocation of simulcast revenue to purses that differs from §321.503 of this title (relating to Purses.)(b) If after a good faith effort the association and the organization cannot reach an agreement on simulcasting, either party may petition the Commission to decide the issues in dispute. The decision of the Commission is binding on all parties.", "sourceNote": "Source Note: The provisions of this §321.501 adopted to be effective April 1, 2001, 26 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195718", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.503", "label": "Purses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133216", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be approved by the executive secretary, an association's request for approval to import a simulcast must allocate for purses as follows:(1) for a same species simulcast, as provided by the Act, §2028.101; and(2) for a cross-species simulcast, as provided in the contract with the officially recognized horsemen's organization.(b) An association's request for approval to export a simulcast must allocate a minimum of 37.0% for purses from the simulcast fee charged to the guest racetrack, unless otherwise approved by the recognized horsemen's organization and the executive secretary.(c) An association shall distribute the funds derived for purses from a simulcast during the 12-month period immediately following the simulcast.", "sourceNote": "Source Note: The provisions of this §321.503 adopted to be effective April 1, 2001, 26 TexReg 2161; amended to be effective March 28, 2011, 36 TexReg 1981; amended to be effective July 1, 2019, 44 TexReg 3262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133216", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.505", "label": "Allocation of Purses and Funds for Texas Bred Incentive Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87779", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purses.(1) An association shall recommend the percentages by which it will divide the purse revenue generated from simulcasting among the various breeds of horses. The percentages are subject to the approval of the Commission.(2) Negotiations.(A) At least 30 days before recommending the percentages, the association shall begin negotiations with the organizations recognized by the Commission or in the Act as representatives of horse owners, trainers, and/or breeders.(B) When requested, the association shall provide the material specified in paragraph (3) of this subsection to the organizations recognized by the Commission or in the Act as representatives of horse owners, trainers, and/or breeders.(3) When requesting Commission approval of the percentages, the association shall present in writing studies, statistics, or other documentation supporting the association's application of the criteria in paragraph (4) of this subsection in its proposed division.(4) The Commission may consider the following criteria in evaluating whether to approve the association's proposed division of purse revenue:(A) local public interest in each breed as demonstrated by, but not limited to, the following factors:(i) live handle by breed;(ii) simulcast import handle by breed;(iii) live attendance at the racetracks; and(iv) sales and market survey information.(B) earnings generated by the association from each breed;(C) national public interest in each breed as determined by the live simulcast export handle of each Texas meet;(D) racetrack race date request and opportunities given to each breed; and(E) availability of and ability to attract competitive horses.(5) If the Commission determines that the association's proposed division of purse revenue is inconsistent with the association's obligation to accord reasonable access to races for all breeds of horses, the Commission may:(A) require the association to submit additional information supporting its recommendation for consideration at the next Commission meeting;(B) reject the association's recommendation and require the association to submit a new recommendation for consideration at the next Commission meeting; or(C) reject the association's recommendation and approve an alternate division of purse revenue as determined by the Commission.(6) In lieu of the process outlined in paragraphs (3) - (5) of this subsection, the association may submit a signed agreement between the association and the organizations referenced in paragraph (2) of this subsection for the Commission to consider for approval. For the Commission to approve the agreement, the agreement must:(A) delineate the percentages by which the association will divide the purse revenue generated from simulcasting among the various breeds of horses; and(B) be signed by the association and all organizations referenced in paragraph (2) of this subsection.(b) Texas Bred Incentive Program Funds.(1) The Commission shall determine the percentages by which Texas Bred Incentive Program funds generated from simulcasting are divided among the various breeds of horses.(2) In determining the percentages by which Texas Bred Incentive Program funds generated from simulcasting are divided, the Commission may consider the following criteria:(A) the amount of participation in live racing by each of the breeds;(B) the activities of the breed registries to promote their breed for racing and breeding, taking into consideration each registry's available administrative funds;(C) the national public interest in each breed as determined by the live simulcast export handle of each Texas meet;(D) the effect of the proposed allocation on the state's agricultural racing horse breeding industry;(E) the effect of the proposed allocation on the state's agricultural racing horse training industry;(F) the amount of Texas Bred Incentive Programs funds from simulcasting generated by each breed; and(G) the median sales price of accredited Texas bred horses as submitted on the performance measures report as required under §303.83 of this title.(3) Before determining the percentages, the Commission shall provide an opportunity for the official horse breed registries designated in the Act to present information in writing regarding the criteria specified in paragraph (2) of this subsection and any other information that the registries believe may be useful to the Commission.(4) In lieu of the process outlined in paragraphs (2) and (3) of this subsection, a signed agreement between the organizations referenced in paragraph (3) of this subsection may be submitted to the Commission for consideration and approval. For the Commission to approve the agreement, the agreement must:(A) delineate the percentages by which the Texas Bred Incentive Program funds generated from simulcasting are divided among the various breeds of horses; and(B) be signed by all organizations referenced in paragraph (3) of this subsection.", "sourceNote": "Source Note: The provisions of this §321.505 adopted to be effective April 1, 2001, 26 TexReg 2161; amended to be effective November 26, 2007, 32 TexReg 8479." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87779", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "D", "label": "SIMULCAST WAGERING" }, "rule": { "number": "§321.507", "label": "Priority of Signals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Class 1 and Class 2 Racetracks. A Class 1 or Class 2 racetrack may offer pari-mutuel wagering on a race simulcast from another jurisdiction, subject to the approval of the executive secretary, provided the Class 1 or Class 2 racetrack also offers all available simulcast races originating in Texas on that day.(b) Class 3 and Class 4 Racetracks. A Class 3 or Class 4 racetrack may conduct pari-mutuel wagering on a race simulcast from another jurisdiction, subject to the approval of the executive secretary, provided the Class 3 or Class 4 racetrack:(1) also offers all available simulcast races originating in Texas on that day;(2) is owned or managed by an entity that has at least three years experience operating a pari-mutuel racetrack in Texas;(3) demonstrates to the Commission's satisfaction that the simulcasting is necessary to provide sufficient purses to support the Texas live racing industry;(4) demonstrates to the Commission's satisfaction that the live racing program offered at the racetrack provides significant support to the Texas horse breeding industry; and(5) demonstrates to the Commission any effect simulcasting may have on each Class 1, Class 2, or greyhound racetrack located within 100 miles of the Class 3 or Class 4 racetrack.", "sourceNote": "Source Note: The provisions of this §321.507 adopted to be effective April 1, 2001, 26 TexReg 2161; amended to be effective July 17, 2001, 26 TexReg 5237." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121415", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "E", "label": "TICKETLESS ELECTRONIC WAGERING" }, "rule": { "number": "§321.601", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121416", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission recognizes that the technology for placing wagers is ever changing. The Commission adopts these rules as guidelines to conduct E-wagering that maintains the integrity of pari-mutuel wagering.(b) E-wagering may be conducted only within the enclosure of an association.(c) Only persons meeting the age restriction in §321.17 of this title (relating to Activities by Minors Restricted) may participate in E-wagering. E-wagers must be made in person.", "sourceNote": "Source Note: The provisions of this §321.601 adopted to be effective October 3, 2005, 30 TexReg 6264." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121416", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "E", "label": "TICKETLESS ELECTRONIC WAGERING" }, "rule": { "number": "§321.603", "label": "Authorization for E-Wagering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151216", "queryAsDate": "03/11/2026" }, "ruleBody": "An association may not conduct E-wagering unless approved by the executive secretary.", "sourceNote": "Source Note: The provisions of this §321.603 adopted to be effective October 3, 2005, 30 TexReg 6264." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151216", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "E", "label": "TICKETLESS ELECTRONIC WAGERING" }, "rule": { "number": "§321.605", "label": "E-Wagering Plan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217142", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be approved to conduct E-wagering, an association must submit a plan to the executive secretary. The plan must include:(1) the procedures for opening an account;(2) the procedures for establishing identity of account holder;(3) the procedures for making deposits to the account;(4) the procedures for making withdrawals from the account;(5) the procedures for closing an account;(6) the procedures for suspending an account; and(7) a description of the totalisator system and E-wagering access system.(b) The executive secretary may approve a plan to conduct E-wagering if the executive secretary determines that the association's plan meets the requirements of this section and does not conflict with the Rules or the Act.", "sourceNote": "Source Note: The provisions of this §321.605 adopted to be effective October 3, 2005, 30 TexReg 6264; amended to be effective March 28, 2011, 36 TexReg 1981." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217142", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "E", "label": "TICKETLESS ELECTRONIC WAGERING" }, "rule": { "number": "§321.607", "label": "E-Wagering Account Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121419", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The mutuel manager of an association shall establish and manage E-wagering within an association's enclosure.(b) The making and acceptance of wagers over the communications facility known as the \"Internet\" or \"telephone\" is prohibited, except as otherwise permitted by §2027.002 of the Act.(c) An association may accept deposits to an account only in the form of cash, cashier's check, money order, or other method determined by the executive director to be a cash equivalent.(d) The association may not accept wagers in an amount that exceeds the account balance.(e) An account holder must be at least 21 years of age.(f) An account holder is responsible for all activity associated with his or her account.(g) An association may use E-wagering devices only if the devices are connected to the totalisator system either directly or via a closed-loop subscriber-based system.", "sourceNote": "Source Note: The provisions of this §321.607 adopted to be effective October 3, 2005, 30 TexReg 6264; amended to be effective March 27, 2024, 49 TexReg 1916." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121419", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "E", "label": "TICKETLESS ELECTRONIC WAGERING" }, "rule": { "number": "§321.609", "label": "Testing E-Wagering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121420", "queryAsDate": "03/11/2026" }, "ruleBody": "An association's E-wagering system is subject to testing and inspection by the Commission. All forms of access to an account, including hardware used directly by the account holder for E-wagering are subject to testing and inspection by the Commission.", "sourceNote": "Source Note: The provisions of this §321.609 adopted to be effective October 3, 2005, 30 TexReg 6264." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121420", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "E", "label": "TICKETLESS ELECTRONIC WAGERING" }, "rule": { "number": "§321.621", "label": "Ticketless Electronic Wagering Hardware" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121421", "queryAsDate": "03/11/2026" }, "ruleBody": "An E-wagering device must be configured for loss of signal when removed from an association's enclosure.", "sourceNote": "Source Note: The provisions of this §321.621 adopted to be effective October 3, 2005, 30 TexReg 6264." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121421", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "E", "label": "TICKETLESS ELECTRONIC WAGERING" }, "rule": { "number": "§321.623", "label": "Cancellation of E-Wagers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121422", "queryAsDate": "03/11/2026" }, "ruleBody": "An account holder may cancel an E-wager only as provided by §321.43 of this title, (relating to Cancellation of Win Wagers). A statement approved by the executive secretary must appear in or accompany the account wagering application form advising the wagering account applicant of this requirement.", "sourceNote": "Source Note: The provisions of this §321.623 adopted to be effective October 3, 2005, 30 TexReg 6264." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121422", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "E", "label": "TICKETLESS ELECTRONIC WAGERING" }, "rule": { "number": "§321.625", "label": "Discrepancy/Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121423", "queryAsDate": "03/11/2026" }, "ruleBody": "If an account holder believes a discrepancy exists in his or her account, the account holder may file a claim for payment with the executive secretary. The executive secretary shall investigate all claims for payment and the executive secretary's determination is final.", "sourceNote": "Source Note: The provisions of this §321.625 adopted to be effective October 3, 2005, 30 TexReg 6264." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121423", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "321", "label": "PARI-MUTUEL WAGERING" }, "subchapter": { "number": "E", "label": "TICKETLESS ELECTRONIC WAGERING" }, "rule": { "number": "§321.627", "label": "Suspension or Termination of E-Wagering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91410", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive secretary may issue a cease and desist order terminating the E-wagering system if the executive secretary determines that the operation of the E-wagering system:(1) violates the Rules, the Act, or other state law;(2) is detrimental to the integrity of pari-mutuel wagering; or(3) does not comply with the requirements of an E-wagering system as defined in this Act or a Commission rule.(b) The executive secretary may deny, suspend, or terminate an individual's E-wagering account if the executive secretary determines the activities on the account:(1) violate the Rules, the Act, or other state law; or(2) are inconsistent with maintaining the integrity of pari-mutuel wagering.", "sourceNote": "Source Note: The provisions of this §321.627 adopted to be effective October 3, 2005, 30 TexReg 6264." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91410", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "323", "label": "DISCIPLINARY ACTION AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§323.1", "label": "Investigation and Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91411", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may investigate and institute disciplinary action regarding any alleged violations of the Act, a rule or order of the Commission, or an order of a court relating to racing or pari-mutuel wagering.(b) For purposes of this section, a person who aids or abets or conspires with another to commit a violation is considered to have committed the violation.", "sourceNote": "Source Note: The provisions of this §323.1 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective January 1, 2002, 26 TexReg 10534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91411", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "323", "label": "DISCIPLINARY ACTION AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§323.2", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91412", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may report an alleged violation by filing a written complaint with the Commission on a form prescribed by the Commission.(b) In receiving complaints under this section, the Commission may not require the complainant to:(1) reveal the complainant's name; or(2) pay a fee for filing the complaint.(c) The form must:(1) contain the name and address, if known, of the person alleged to have committed the violation; and(2) specify the provision of the Act or rule number alleged to have been violated, if known, and all facts and circumstances relating to the alleged violation.(d) An association shall include in the official program a statement that describes the procedure for filing a complaint with the Commission. The executive secretary shall approve the form of the statement. The statement must include the name, mailing address, e-mail address, facsimile, and telephone number of the Commission.(e) An association shall prominently post signs in the racetrack facility that describe the procedure for filing a complaint with the Commission. The executive secretary shall approve the form and location of the signs.", "sourceNote": "Source Note: The provisions of this §323.2 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective January 2, 1992, 16 TexReg 7485; amended to be effective April 26, 1998, 23 TexReg 4058; amended to be effective January 1, 2002, 26 TexReg 10534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91412", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "323", "label": "DISCIPLINARY ACTION AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§323.3", "label": "Notice to Violator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91413", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than 30 days after the date a complaint is received under this subchapter, the executive secretary shall notify the alleged violator in writing of the complaint.(b) Not later than 30 days after the date of receiving notice under this section, a person may file with the Commission a sworn, written response to the complaint.", "sourceNote": "Source Note: The provisions of this §323.3 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective January 1, 2002, 26 TexReg 10534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91413", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "323", "label": "DISCIPLINARY ACTION AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§323.4", "label": "Action on Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91409", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On receipt of a complaint under this subchapter, if the executive secretary determines that a violation has occurred, the executive secretary may, in the executive secretary's sole discretion:(1) issue a preliminary report to the licensee assessing an administrative penalty;(2) order a hearing be held to suspend or revoke the licensee's license based on the alleged violation; or(3) take other action that the executive secretary considers necessary.(b) A hearing held under this section shall be conducted in accordance with Chapter 307 of this title (relating to Practice and Procedure).(c) At a hearing under this section, the person filing the complaint may be designated a nonparty participant, but may not be designated a party.", "sourceNote": "Source Note: The provisions of this §323.4 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective January 2, 1992, 16 TexReg 7485; amended to be effective January 1, 2002, 26 TexReg 10534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91409", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "323", "label": "DISCIPLINARY ACTION AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§323.5", "label": "Complaints against Officials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201469", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A complaint against a racing official other than a steward or racing judge must be made to the stewards or racing judges. The stewards or racing judges shall immediately forward the complaint to the Commission.(b) A complaint against a steward or racing judge must be made to the executive secretary.(c) A complaint under this section must be made not later than 5:00 p.m. of the third day after the date of the official's action that is the subject of the complaint.", "sourceNote": "Source Note: The provisions of this §323.5 adopted to be effective January 1, 2002, 26 TexReg 10534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201469", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "323", "label": "DISCIPLINARY ACTION AND ENFORCEMENT" }, "subchapter": { "number": "B", "label": "CIVIL REMEDIES" }, "rule": { "number": "§323.101", "label": "Administrative Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201470", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission delegates to the executive secretary the authority to prepare and issue preliminary reports pursuant to the Act, Chapter 2033, Subchapter B.", "sourceNote": "Source Note: The provisions of this §323.101 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective January 2, 1992, 16 TexReg 7485; amended to be effective January 1, 2002, 26 TexReg 10535; amended to be effective October 20, 2020, 45 TexReg 7414." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201470", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "323", "label": "DISCIPLINARY ACTION AND ENFORCEMENT" }, "subchapter": { "number": "C", "label": "CRIMINAL ENFORCEMENT" }, "rule": { "number": "§323.201", "label": "Reporting of Criminal Activity and Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "93061", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee, a Commission employee, or an applicant for a license from the Commission shall report any conviction of a felony or misdemeanor, other than a misdemeanor under Transportation Code, Title 7, Vehicles and Traffic, or a similar misdemeanor traffic offense.(b) A licensee, a Commission employee, or an applicant for a license from the Commission shall promptly report to the Commission any criminal activity observed relating to racing or pari-mutuel wagering.", "sourceNote": "Source Note: The provisions of this §323.201 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective January 1, 2002, 26 TexReg 10535; amended to be effective June 1, 2002, 27 TexReg 4571; amended to be effective October 20, 2020, 45 TexReg 7414." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "93061", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "323", "label": "DISCIPLINARY ACTION AND ENFORCEMENT" }, "subchapter": { "number": "C", "label": "CRIMINAL ENFORCEMENT" }, "rule": { "number": "§323.202", "label": "Notice to District Attorneys" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "93062", "queryAsDate": "03/11/2026" }, "ruleBody": "On a finding by the Commission that a person has engaged in criminal conduct or committed a criminal offense relating to racing or pari-mutuel wagering, the executive secretary may notify the appropriate district attorney or county attorney.", "sourceNote": "Source Note: The provisions of this §323.202 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective March 13, 2002, 27 TexReg 1733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "93062", "currentQueryAsDate": "03/11/2026", "title": { "number": "16", "label": "ECONOMIC REGULATION" }, "part": { "number": "8", "label": "TEXAS RACING COMMISSION" }, "chapter": { "number": "323", "label": "DISCIPLINARY ACTION AND ENFORCEMENT" }, "subchapter": { "number": "C", "label": "CRIMINAL ENFORCEMENT" }, "rule": { "number": "§323.203", "label": "Department of Public Safety Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "107671", "queryAsDate": "03/11/2026" }, "ruleBody": "On receipt and review of a report by the Department of Public Safety regarding criminal activity related to racing or pari-mutuel wagering, the Commission shall initiate appropriate disciplinary or legal proceedings.", "sourceNote": "Source Note: The provisions of this §323.203 adopted to be effective March 28, 1989, 14 TexReg 1366; amended to be effective March 13, 2002, 27 TexReg 1733." } ] }